HomeMy WebLinkAboutcoa.lu.ex.333 W Main St.Herron Apts.1983
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
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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?:,)
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Check No. /j (\ 4-
Additional Billing:
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Project: 11 r rr ,:' '""
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POWER OF ATTORNEY
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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
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(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:
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Gr~pe carriage, inc~, by
Arna Fronsdale~
Executed ~this ,y'::!... day o~,
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Witness my hand and official seal. My
commission expires
Notary Public
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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(
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Notary Public
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600 East Main.Aspen.Cclorado 81611 303/925-5757
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Rt'corded at ___ -___o'clo('k____ M.,_
Reception No. __.~____ _____~_
Recorder.
Tills DEED. Made th;,
\ '=> fl.._
day of
February
1983
'750
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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.
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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)
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,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
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STATE OF rOLOJ(AIJO.
COUlIly IIf
Pitkin
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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 .
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~ ') 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_
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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
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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
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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
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DISPOSITION:
CITY P&Z REVIEW:
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CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
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MEMO FROM COLETTE PENNE
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\.\,. \J yTY OF ASPEN ..
MEMO FROM COLETTE PENNE
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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
...
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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:;-~~
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Address: ~~~' l~
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EXHIBIT A
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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.
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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.
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AuthQ\ized Signature
FEE $ 50,00
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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
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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
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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
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AsnON\ Go 8((0/ ~
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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
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~~;.<' 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
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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
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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,
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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
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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.
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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.
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!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.
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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.
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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_
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EXHIBIT A
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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.
:=.,,,,,-
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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.
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.. "jv,~""'_"':'r'- -,--,_1.~ )'d}.-.t---<) '--.l
Authi;Jtieed Signature
FEE $ 50, 00
.
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........
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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
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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 ~
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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
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.-P-'l":~ N~I^,:;l I'l)i'! II f.lll\:-H~;UTA
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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
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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
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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.
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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)
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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
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)
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
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l'lnof;L~mJ K J{)d.<L,
Notary Public
Address of Notary Public
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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.
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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,
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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
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-
EXHIBIT A
"
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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.
,...
.......
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......"""
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.