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HomeMy WebLinkAboutcoa.lu.ex.Kessler, Lot K, L, Block 37100 O\ - 4�*.. - Kessler Lot K & L Block 37 Car.,......:_; E ix 1^ A 5 T A A L LL C C 1<` 1 F0.1ND Col 5L)ILIDING S�TFY'\CJ VACATE-0 C rv>=LAN1D 5TRE�=T -.5 i3UILONG JETf�ACK KCXIND.' REpa° tZ NC) CAP c /h- I I" E 10112 V ACAT C L�-= V P- LAN D 5T T 00 I L O T K I 16 0 I CONC. WALK o -- STORY r I Io �I I� JD�E.D LOT K WESTERLY22 FI=ET CIFLOTLIN E5LOCK 3-7 I CGF C - L �TRC-ET .. LL. ---�- zo I I O O.H &.5 O.H. I 5O t� --- r' I � NI Oki STCfKKY CON( 5LOC< bUL7ING — u� 'yam 1 c.t 1 ._I N 2I,G +FLAG STONE WALK Z IIN 5.0 o.H.0.31r r= ^ N 3.55 N - +O 9_ CONC t .-. .._.:.._ 077 5-7. ✓L RELYXtD CON( -- N-OCA�, WALL i — 22.0= r� ocl t)6FJ15 CT- ff'EAR1NC7 D U f�: . N ALPINE SURVEYS Box 1730 Aspen, Colorado 31611 303-925.2688 � I -j L A IV,� N U � �UNI� ; BAR AND PLAc7TIC CAP _5. �ti84 5,P5 F-LA-ALDING 5F--7j-ACK SUN D ; =P�tZ AND PLA511C (AP D. q 184- SURVEYED date: 3 AUGUST 1978 PB DRAFTED date: II SEPT 1978 DMo REVISIONS N r-- - o IC 120 '�)o av 60 I"- ,o P�515 OF 6QAF�NG AS �31 IUWN 5URVl=YOBS C_L-RTIRCA7E I I-IEFZ I3Y CF=r<iIF-Y 7I4AT TNIS MAP AOCL#zA7EL`( DEPICTS A SL)[KvF ( N"DE UNl7t=K ltiI (5UI=ERVI�IUTN CAN AUG. 3, 197$ OF -THE Wr-�TEIZLY 22 S ET Or- -L->T L, ALL 0E- LUT K IN PJLOCK 3� FAT �N TOWW-7P- AND THE EAcjTE-L_Y �-7 FEET OF C �v�LAND STREET (VACATED; LYING ADJAGI=NT TO 5NID LIST K, Fai<vN COVNT�{, 0JL_CORAIDU. ALPINE SURVEYS by : J ES F RESER SEPTEMBER l; ,1978 L.S.9184 t a:. TITLE: fn)L)IL(2NG- P�IZIVjI��JIZVr=y JOB NO.: 78- 1 58 LOT K, WESTERL_Y 22 PEz.T OFLET" CLIENT: L IN P.�CX'<'V EAST A�N_loWN51TE- SHEET NO.: I UG I AND E�TC�ZL`(_ F- PtEET_OF CLEVELAND 5TZE1=T(YACATEDA i CI6 - TY OF ASPEN A& 4w MEMO FROM RICHARD GRICE vkas i-P k 3 u U -a'r `o tc)c.4 w "bv400�- 4-r-A \c,�,j k- a >� R'i s w� � S � ,,._, prtot�. c 2�S ? � Q �•� 'i b c w Q �- ►� �u.; ►mod ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Subdl v i S I Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: ",3rfield & Hecht Project: Kessler Last yman amen, CO 81611 025-1936 Address: Phone: Check No. Date: Receipt No. P • 0 MEMORANDUM TO: Richard Grice, Planning Office FROM: Daniel A. McArthur, City Engineer RE: Kessler Subdivision Exemption, Lots K,L, Block 371 East Aspen Townsite DATE: November 28, 1979 After having reviewed the improvement survey and having reviewed resolution 19 dated 5/12/79 the Engineering Department would like to amend our recommendation for item #2 in the memo to Richard Grice on 11/8/79 to read as follows: 1) The Engineering Department recommends the owner/applicant install new sidewalks along the entire length of lots K and L in block 37 on Durant Street and the vacated portion of Cleveland Street for a total length of approximately 109 feet. To date Durant Street between West End Street and the Roaring Fork River fall within the boundaries for new construction of curb, gutter and sidewalk as stated in resolution 19, approved on 5/12/79. At present the street frontage for Durant Street is approximately 520' with sidewalks on 233' of Durant Street, leaving approximately 257' of Durant Street with no sidewalks, and a 30' adjacent portion of Durant Street sidewalks under recommendation for installation of new sidewalks in a pending subdivision exemption. The Engineering Department recommends approval for the above sub- division exemption subject to the owner/applicant agreeing to the above conditions. • • MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Kessler Subdivision Exemption DATE: November 30, 1979 Zoning: R/MF Location: 900 East Durant (Lots K and L, Block 37, East Aspen Townsite) Lot Size: 10,932 square feet Rental History: Six out of eight units have been rented within the low, moderate and middle income housing price guidelines within the last 18 months. In order to mitigate the impact on the low, moderate and middle income housing group, the application offers to deed restrict one building (four units) for a term of "approximately three years" to insure that the units will continue to be rented to employees. Engineering Comments: The Engineering Department recommends that their memorandum which includes three conditions be submitted to the Planning and Zoning Commission and City Council for their review. The three conditions include a revision of the improvement survey, an agreement to enter into a sidewalk improvement district for sidewalks installed on Durant Street and Cleveland Street, and a proposal for the design of off-street parking as per Section 24-2.4 of the Code. Attorney's Comments: "I have no objection to the above described subdivision exemption if the property is of a conforming use within the R/MF zone district. However, in reviewing the rental history of the property, I am of the opinion that six units are currently within the low, moderate and middle income housing pool. I recommend that the rental history as well as the applicant's proposal to mitigate the effects of this condominiumizat.ion be submitted to the Planning and Zoning Commission and the City Council for their consideration and possible approval. If an exemption is granted, the property should be deed restricted to the six month minimum lease provision and the notice and option provision of Section 20-22 of the Code." Housing Director's Comments: See Housing Director's memorandum dated November 29, 1979 at the beginning of the subdivision exemption section of this packet. Planning Office Recommendation: The Planning Office is of the opinion that six out of the eight units have been historically rented with the low, moderate and middle income housing price guidelines and therefore should be deed restriction for a period of five years to those same price and occupancy guidelines as well as to the six month minimum lease provision and the notice and option provision of Section 20-22 of the Code. In addition, we recommend your approval be conditioned upon the revision and resubmittal of an improvement survey plat, an agreement to enter into a sidewalk improvement district, as well as compliance with the off-street parking requirements of Section 24-4.5 of the Code. • 0 MEMORANDUM TO:. Richard Grice, Planning Office FROM: Lou Buettner, Engineering Departmen - RE: Kessler Subdivision Exemption; Lot K, and Lot L, Block 37, east Aspen Townsite DATE: November 8, 1979 After having reviewed the survey plat for the above subdivision exemption and raving made a site inspection, the Engineering Department recommends the following: (1) The owner/applicant shall revise and resubmit the Improvement Survey Plz.t to include the following: (A) Show adjoining property and identification (B) Show locations of existing driveways, 'roadways, sidewalks, curb and gutter (C) Show all required off-street parking as per Section 211-4.5 of the code ' (D) Show center line and width of Durant St. and width of alley (2) The owner;app1icant shall agree to enter into a sidewalk i_morove- ment district for sidewalks installed on Durant St. and Cleveland St. () The owner,'applicant shall provide the Engineering Department with a de-3ign of all off-street parking as per Section 24-4.5 of the co?e. The Engineerin; Department recommends that no action be taken on the above subdivision exemption until a new updated improved survey plat is submitted along with the off-street parking design as per comment ( 3) . • CITY OF ASPEN 130 south galena street aspen, colorado *81611 MEMORANDUM DATE: October 4, 1979 TO: Richard Grice FROM: Ron Stock RE: Kessler Subdivision Exemption I have no objection to the above -described subdivision exemption if the property is a conforming use within the R/MF zone district. However, in reviewing the rental history of the property, I am of the opinion that 6 units are currently within the low, moderate and middle income housing pool. I recommend that the rental history as well as the applicant's proposal to mitigate the effects of this condominiumization be submitted to the Planning and Zoning Commission and the City Council for their consideration and possible approval. If an exemption is granted the property should be deed restricted to the six month minimum lease provision and the notice and option provisions of Section 20-22 of the Code. RWS:mc • 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Kessler Subdivision Exemption DATE: November 15, 1979 Zoning: R/11F Location: 900 East Durant (Lots K and L, Block 37, East Aspen Townsite) Lot Size: 10,932 square feet Rental History: Seven out of eight units have been rented within the low, moderate and middle income house price guidelines within the last 18 months. In order to i,iitigate the impact on the low, moderate and middle income housing group, the application offers to deed restrict one building (four units) for a term of "approx- irnately three years" to insure that the units will continue to be rented to employees. Engineering Comments: The Engineering Department recommends that their memorandum which includes three conditions be submitted to the Planning and Zoning Commission and City Council for their review. The three conditions include a revision of the improvement survey, an agreement to enter into a sidewalk improvement district for sidewalks installed on Durant Street and Cleveland Street, and a proposal for the design of off-street parking as per Section 24-4.5 of the Code. The Engineering Department wants to give the applicant's attorney, Ashley Anderson, an opportunity to argue before the P and Z and City Council that the off-street parking requirement is inappropriate. The Engineering Department's complete comments are included in your packet and found in two memoranda, one dated November 8, 1979 and the other November 15, 1979, which constitutes an amendment to the previous memorandum. Attorney's Comments: "I have no objection to the above described subdivision exemption if the property is of a conforming use within the R/MF zone district. However, in reviewing the rental history of the property, I am of the opinion that six units are currently within the low, moderate and middle income housing pool. I recommend that the rental history as well as the applicant's proposal to mitigate the effects of this condominiumization be submitted to the Planning and Zoning Commission and the City Council for their consideration and possible approval. If an exemption is granted, the property should be deed restricted to the six month minimum lease provision and the notice and option provision of Section 20-22 of the Code." Housing Director Comments: "I have no problems with this application other than I would like to see the rental restriction extended to five years." Planning Office Recommendation:The Planning Office is of the opinion that seven out of the eight units have been historically rented within the low, moderate and middle income housing price guidelines and therefore should be deed restricted for a period of five years to those same price and occupancy guidelines as well as to the six month minimum lease provision and the notice and option provision of Section 20-22 of the Code. In addition, we recommend your approval be conditioned upon the revision and resubmittal of an improvement survey plat, an agreement to enter into a sidewalk improvement district, as well as compliance with the off-street parking requirements of Section 24-4.5 of the Code. MEMORANDUM TO: Ron Stock, City Attorney 141m Reents, City Housing Director City Engineering FROM: Richard Grice, Planning Office RE: Kessler Subdivision Exemption DATE: September 10, 1979 Attached please find application for subdivision exemption for two duplexeE located at 960 East Durant. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, November 20, 1979. Therefore, may I please have your written comments concerning this application no later than Monday, November 12, 1979. Thank you. TRA:'Y6J'A1�'lER.iCA TITLE INSURANCECOMPANY A California corporation, hereinafter called the Company, in consideration of the premium which has been paid for this Policy, does insure the person, corporation or other entity, designated as the Insured in Item 1 under Schedule A, hereinafter called the In- sured, the heirs, devisees, personal representatives of such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not ex- ceeding the amount of this Policy as shown in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the larld described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or unmarketability of such title; or lack of a right of access to and from land; . . all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed; all as of the effective date of this policy, as shown in Sched- ule A. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused its corpor- ate name and seal to be hereunto affixed by its duly authorized officers. TRANSAMERICA TITLE INSURANCE CO3MPANY By �``' c� c•_i!' •<. ,�' President Attest `- 'TN `,� ;'lip r=��� Secretary Policy No. CO � �) � � `) S —O Authorized Officer or Agent A.•-ItMCAN LAIi:J rlrl.' A':^U'-IATIIDN OWN7P'; lMAI. Y- STANOAND FOR4 n0952 1 2. 2. 3. URGER NUti18ER I PI 546 0 AMOUNT $80,000.00 Dated this . 14th.--- day of --- -......Kay. ...... , if, 68. , at the hour of 8:00 o'clock A.M. The name of the insured and the estate, or interest of the inured in the land describe-•d below and cov- ered by this policy is as fellows: SEPP H. KESSLER and JAPTE KESSLER, in fee simple, in joint tenancy. The land, the title to which is insured, is described or known as follows: A tract of land lying partially within the East Aspen Addition Town.site according to the plat filed in the office of the Pitkin County Clerk and Recorder on August 24, 1959, as Document No. 108453, and partially within the City and Townsite of Aspen and the perimeter of the patent to said Aspen Town - site recorded as Document No. 60156 in Book 139 at page 216 of the records in the office of the Pitkin County Clerk and Recorder, more particularly described as follows: Beginning at the Northwest corner of Lot K, Block 37, East.Aspen Addition to the City of Aspen, thence Easterly along the North line of said Lot K to the Northeast corner of said Lot K; thence Easterly along the North line of Lot L in said Block 37 a distance of 22 feet; thence Southerly and parallel to the West line of said Lot L, a distance of 100 feet, more or less, to a point of intersection with the South line of said Lot L, which point is 22 feet East of the Southwest corner of said Lot L; thence Westerly along the South line of said Lot L a distance of 22 feet to the Southwest corner of said Lot L; thence Westerly along the South line of said Lot K to the Southwest corner of said Lot K; thence Westerly along the South line of said Lot K projected Westerly a distance of 57 feet to a point; thence Northerly and parallel to the West line of said Lot K a distance of 100 feet, more or less, to a point of intersec- tion with the North line of said Lot K projected Westerly; thence Easterly along said projected North line of said Lot K a distance of 57 feet to the point of beginning. This Policy does not insure against loss or damage by reason of the followin_g: Rights or claims of parties in possession not shown of record, including unrecorded easements. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cor- rect survey would disclose, and which are not shown by the public records. Mechanics liens, or any rights thereto, where no notice of such liens or rights appear of record. 4. "Taxes and ,isse:ssrnerits not yet due or payabic,; and Special Taxes or Assessments certified to the office of the County Treasurer subsequent to: May 14, 1968, and the second half of 1967 taxes in the amount of approximately $784.ol. 5. Deed of Trust from Sepp H. Kessler and Jane Kessler to the Public Trustee of Pitkin County, for the use of Six Foundation, to secure $51,000.00, dated April 1, 1968, and recorded April 1, 1968:;- in Book 234 at Page 208. 6. Any taxes or assessments by reason of the inclusion of the subject property in the Aspen Fire Protection District and the Aspen Sanitation District. i,olicv tiu. 168488 A 1.I Ere I CAN LAND TITLE ASSOCI AT, ON OLVN_Ri POLICY--i TANDARD FOR 111-%'1' Z j ���Zi��:%i Jiv. +iiv'..'f../..il:. .'/.. Ni.'i J1.%.'i. J. ii.. ..i.. -•'_�� oINMEITS IPOLIC 1 A Colorado corporation, hereinafter called the Company, in consideration of the premium which has been paid for this Policy; does insure the person, corpora- tion or other entity, designated as the Insured in Item I under Schedule "A", herein- after called the Insured, the heirs, devisees, personal representatives, or, if a corpora- tion, the corporate successor or successors, of the Insured, against loss or damage not exceeding the amount of this Policy as shown in Schedule "A", which the Insured may .sustain by reason of the unmarketability of the title, or defects, liens or encuni- brances, existing at the date of this Policy against the title, of the Insured to the estate or interest in the premises specified and described in Schedule "A" hereof excepting, however, all defects, liens, encumbrances or other matters set forth in Schedule `B" against which the Company does not insure. Said Schedules "A" and "B" are incorporated herein and made a part hereof. This Policy is subject to the conditions and stipulations on the last page hereof, and any loss hereunder is to be established and paid in accordance therewith. IN WITNESS WHEREOF, The Title Guaranty Company has caused its cor- porate seal to be hereunto affixed and these presents to be signed by its Vice -Presi- dent and attested by its Assistant Secretary on the date of the Policy as shown in Schedule "A", to be valid when countersigned by an authorized officer or agent of the Company. PITKIN COUNTY ABTRACT COMPANY THE TITLE GUARANTY COMPANY ASPEN, COLOIZADO I President. BYE �� �� ; ;—r L_ r.� Attest: — Authorized Agent or Title Officer Assistant Secretary. DITIONS rhis Policy is issued by the Company 4..".ed ty the Insured subiect to the following conditions and stipulations: 1. The Company will. at its own cost and expense, defend the Insured In all actions or proceedings founded on a claim of title or cncunibiance prior in date to the date of this Policy and hereby insured against. Also, the Company shall have the right. at its own cost and expense, to maintain any such action or Proceeding. 2. The Company shall be liable hereunder in damages only: (1) Where there has been a final determination in a court of competent Jurisdiction, under which the Insured may be dispossessed or evicted from any part or all of the inured estate. (7) Where there has been such determination. adverse to the title insured. upon a lien or encumbrance not excepted in this Policy. (3) Where the Insured shall have validly surd in, good faith contracted in writing to sell or encumber the insured estate and the title has been refected because of some defect, lien or encumbrance not excepted herein, and notice in writing of such refection shall have bccn gircn to the Company within ten days thereafter. For thirty d:,ys after receiving such notice the Cornp,tny shall have the option of paying the loss. of which the Insured must present proper proof. or of maintaining or defending, either in its own name or at its option in the name of the Insured, some proper action or proceeding for the purpose of determining the validity of the alleged defect, lien or encumbrance and only in case a final determination is made in such action or proceeding, sustaining the objection to the title. shall the Company be liable. (4) Where the Insured shall have transferred the insured estate by an instrument containing covenants of title, or warranties thereof. and there has been a final judgment in a court of enmpetent jurisdiction against the Insured based on such covenants or warranties. or any of them. because of some claim of title, lien or encumbrance against which this Policy insures. 3. In case any action or proceeding, as referred to in Paragraph 1 above, is begun. or in case of the service of any paper or pleading. the oblect or effect of which shall or may cause any toss for which Lhc Company shall or may be liable under this Policy. it shall be the duty of the Insured at once to notify the Company in writing at Denver. Colorado. Failure to notify the Company as aforesaid within ten days after the service of the first summons or other process in such action or proceeding, or after receipt of such Paper or Pleading. shall operate as a full release and discharge of the Company from any and all liability with respect to the subiect matter thereof; provided, however. that failure to notify the Company as aforesaid shall not prejudice the claim of the Insured if the Insured shall not be a party to such action or proceeding. nor be served With summons, process or notice therein; nor have any knowledge thereof. In any such case, and in all cases where this Policy rcgnires or Permits the Company to prosecute or defend, it shall be the duly of the insured to secure to it the right to maintain or defend the action or proceeding, and all appeals from any determ- ination therein, and to give It all reasonable aid therein, and to permit it to use at its option, the name of the Insured. The Company will pay. in addition to tile loss up to the face amount of this Policy. all costs imposed on the Insured ih litigation carried on by it for the Insured under the requirements of this Policy; but it will in no way be liable for the fees of any counsel or attorney employed by the Insured without the written consent and approval of the Company. 4. In every case where the liability of the Company has been definitely fixed in accordance with these Conditions and Stipulations, the loss shall be Payable within thirty days thereafter; provided. however, that in the event of a total loss the Company may demand a valuation of the insured estate to be made by three arbitrators or any two of therm; one to be chosen by the insured and one by the Company. and the two thus chosen to select an umpire. No right of action shall accrue until thirty days after such valuation shall have been served upon the Company, and the Insured shall have tendered a conveyance of the insured estate to the Company at such valuation less the amount of any encumbrances on the insured estate not hereby insured against. And provided. also, that the Company shall always have the right to appeal from any adverse determination, but no appeal shall operate to delay the payment of the loss if the Insured shall give to the Company satisfactory security for the repayment to the Company of the loss incase there shall be ultimately a determination in favor of the title as insured. And provided further, that in every case the Company shall have the AN D STIPULAII*S option of settling the claim or paying this Policy in full: and the payment or tender of payment to the full aunount of this Policy shall end all liability of the Company. All PaYntents under this Policy. or under any owner's policy, jssu,•d by the Company to the Insured's vendee or vendecs covering any part of insured Premises. shall reduce the amount of the insurance pro tanto. and no payment or settlement can be demanded without producing this Policy for endorsement -A the fact of such payment or settlement. If the Policy be lost. indemnity must be furnished to the satisfaction of the Company. It is expressly understood and agreed that any loss under this Policy may be applied by the Company to the payment of any mortgage or deed of trust on the insured estate. the title under which is insured by the Company, or which may be held by the Company. an-' the amount so paid shall also be deemed a pa)mert to the Insured under this Policy. 5. Whenever the Company shall have paid or settled a claim under this Policy. it shall be entitled to all the rights and rcmedies which the Insured would have had against any other pcmun or property in respect to such claim, and the Insured• shall transfer, or cause to be transferred to the Company such rights and permit it to use the name of the Insured for the recovery or defense thereof. Any net sum collected on such rights and remedies over and above the amount of toss paid by the Company shall belong. and on demand shall be paid, to the Insured, and the Insured warrants that such rights and remedies shall vest in the Company unaffected by any act of the Insured. 6. Any untrue statement made by the Insured, or the agent of the Insured. with respect to any material fact, any suppression of or failure to disclose any material fact, any untrue answer by the insured. or the agent of the Insured, to material inquiries before the issuance of this Policy shall void this Policy. 7. Nothing contained in this Policy shall be construed as insuring against loss or damage by reason of fraud on the part of the Insured; or by reason of claims arising from any act, thins or trust relationship undisclosed of record, done, created, suffered or permitted by the Insured; or by reason of the fact that the Insured was not a bona fide Purchaser for value without notice; nor will the Company be liable, in any event, for loss or damage arising from the refusal of any party to carry out any contract to purchase the insured estate by reason of any of the matters set forth in this paragraph. 8. Nothing contained in this Policy shall be construed as insuring (1) against the consequences of any law, ordinance or governmental regulation (including building and zoning ordinance) limiting or regulating the use or enjoyment of the property herein described or the character, dimensions or location of any improvements erected or to be erected thereon. or (2) that the building or other erections upon Lhe property comply with State and Municipal laws, regulations and ordinances. or (3) against the consequences of the exercise or attempted exercise of "police power" or the power of "eminent domain" over said Prop- erty, or (4) the title to any Personal property. whether the same be attached to or used In connection with the property hetcby insured or otherwise. or (5) the title or rights of the Insured in any property beyond the lines of the Ptoperty described in Schedule A hereof, or in any street. road, avenue. lane or way upon which said Property abuts. or (6) an estate greater than originally granted by the United States or when applicable. by the State of Colorado. Reservations, conditions and exceptions contained in Patents of the United States or State of Colorado are specifically excepted. 9. If the Property described in Schedule X is divisible in separate independent parcels, and a loss is established affecting one or more of said parcels. the loss shall tie computed and settled on a pro rats basis as if the face amount of this Policy were divided pro rasa as to the value of each separate independent Parcel, exclusive of the improvements made subsequent to the date of this Policy, to the whole. 10. The term "the Company." as herein used. means The Title Guaranty Com- panyand the term "the Insured" means the person. corporation or other entity in whose favor this Policy is issued. if. No officer, agent or other representative of the Company shall have the power to waive any of the provisions or conditions of this Policy. except the President or Vice Presidents of the Company, and such waiver shall not bo- of any force or effect unless in writing and attached to this Policy. This Policy necessarily relates solely to the title prior to the date of this Policy. This Policy is not transferable to a subsequent purchaser but should be retained by Insured for his protection against future loss under warranties or covenants of title (see subsection (d) of paragraph 2 of foregoing Conditions and Stipulations). Any new purchaser or mortgagee should obtain a re -issue policy. O •L, .vr 1� 78 z _ E/21.4 O 4 ; >~ 3 U z U p ". . \ w W v a �} - _ P-a t) o i� %y • 0 MEMORANDUM TO: Ron Stock, City Attorney Jim Reents, City Housing Director City Engineering FROM: Richard Grice, Planning Office RE: Kessler Subdivision Exemption DATE: September 10, 1979 Attached please find application for subdivision exemption for two duplexes located at 960 East Durant. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, November 20, 1979. Therefore, may I please have your written comments concerning this application no later than Monday, November 12, 1979. Thank you. 3 o 0 RONALD GARFIELD ANDREW V. HEOHT ASHLEY ANDERSON CHRISTOPHER N. SOMMER ORAIG N. BLOOHWIOH R. ROULHAG DARN GARFIELD & HipGIIT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 001 EAST HYMAN AVENUE ASPEN- COLORADO 81011 September 4, 1979 Planning and Zoning Commission Aspen City Hall 130 S. Galena Street Aspen, Colorado 81611 Dear Members: �r SEP 10 1979� J ASPEN / PITKIN CO. PLANNING OFFICE TELEPHONE (303) 925-1030 This is an application by Sepp and Jane Kessler pursuant to Section 20-19 of the Aspen City Code as amended, for an exemption from the term subdivision for the condominiumization of their two four-plexes located at 960 E. Durant, Aspen, Colorado. The applicants submit that since this is merely a subdivision of two existing buildings, to require that the applicants proceed through the entire subdivision procedure would deprive the applicants of the reasonable use of their land. Furthermore, the applicants submit that exemption is necessary for the preservation and enjoyment of their substantial property right. Finally, the applicants submit that since, as stated above, this is merely a subdividing of existing structures, there will be absolutely no increase in density as a result of the granting of this exemption and therefore the granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area. Sepp and Jane are both retired and the income they receive from the rental of the seven units is basically their only income. The reason for this application to condominiumize is to provide flexibility for estate planning purposes. Sepp, despite his youthful looks is 66 years old and feels strongly that he needs to provide that flexibility for Jane. In order to provide that flexibility and at the same time comply with Section 20-22 of the Aspen City Code concerning low and moderate income housing, the applicants propose that one building (four units) be restricted for a term of approx- imately three years to insure that these units will continue to be rented to employees during that period. • September 4, 1970 Page Two The history for the last eighteen months of that building is as follows: Apartment No. 1 - It has 412 square feet and is presently rented to Laura Lee Cook for $190.00 per month. Ms. Cook cleans houses and has rented the unit since September 1977. Apartment No. 2 - It has 471 square feet and is presently rented to Harry Lyon for $250.00 per month. He has rented the unit since June 1978. He is a part owner of Bullocks. Prior to that it was rented to Art Younger also for $250.00 per month. Apartment No. 3 - It has 517 square feet and is presently rented to Tom Waylen for $272.00 per month. Mr. Waylen is employed by the Mountain Shop and has rented the unit since August 1978. Prior to that the unit was rented to Peter Clare, a construction worker. Apartment No. 4 - It has 657 square feet and is presently rented to Laurie Bellatti and Bob Cadger for $350.00. Laurie is a CPA and Bob is a ski instructor and real estate salesman They have rented the unit since May 1979. Prior to that the unit was rented to Helen Back, a housekeeper for Mr. Don Greene, for $240.00. In order to insure that these four units continue to be rented to employees the applicants will restrict the units in such a manner that the rent will be frozen at the present levels and will increase pursuant to the current guidelines for increase in low, moderate and middle income housing as determined by the council for additional points with the terms of the Growth Management Plan. Should any of the units be sold, and there is no present intention to do so, these rental restrictions will remain. In addition, the applicants will restrict these four units in such a manner that if they are sold, they must either be sold to a person qualified by the housing authority and if they are not sold to such a person, they must be rented to such a person. Thus, if an absentee tourist purchases the unit September 4, 19710 Page Three he will not be able to reside in the unit and he must rent the unit to a qualified employee for whatever time period remains on the restriction. The applicants propose that these restric- tions be placed on these four units for three years. Under the applicants' proposal the second building (four units) would be unrestricted. The history of those units for the past eighteen months is as follows: Apartment No. 5 - It has approximately 1,886 square feet and the owners reside in that unit. Apartment No. 6 - It has 1,255 square feet and is presently rented to Bob Kline for $540.00 per month. Mr. Kline is a retired stockbroker and has rented the unit since July 1977. He is moving out at the end of this summer and the applicants plan to short-term the unit. Apartment No. 7 - It has 475 square feet and is a studio unit that has always been short -termed. Apartment No. 8 - It has 879 square feet and is presently rented to Louette Lurvey for $400.00 per month. Ms. Lurvey is a realtor and has rented the unit for approximately one year. In the year previous to that the unit rented to Phil Miller for $270.00 per month and he moved when he builthis own house. The applicants submit that due to the prior history of the units the proposal set forth above is a perfect trade off between the applicants desire to provide estate planning flexibility and the requirements of Section 20-22 concerning low and moderate income housing. Therefore, the applicants respectfully request your approval of this application. Sincerely, Ashley Anderson AA:d Encl. Improvement Survey (4 copies) Title Insurance Policy (4 copies) Check for $20.00