HomeMy WebLinkAboutcoa.lu.ec.Sund Sub Exemption.A33-93Sund Subdivision Exemption &
GMQS Exemption for Lot
A33-93 2737-182-31-uui
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ASPEN/PITKIN PLANNING OFFICE��
130 South Galena Street —7 J�
Aspen, Colorado 81611 / 7-
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(303) 920-5090
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LAND USEAPPLICATIONFEES
CITY:
-63250-134
GMP/Conceptual
-63270-136
GMP/Final
-63280-137
SUB/Conceptual
-63300-139
SUB/Final
-63310-140
All-2 Step Applications
-63320-141
All 1 Step Applications D
-63330-150
Staff Approval
-63432-157
Zoning Plan Check
-63432-157
Sign Permit
-00100-00000-31070
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
Exemption
-63336-152
Minor
-63337-153
Major Devel.
-63338-154
Signif. Devel.
-63339-155
Demolition
COUNTY:
-63160-126
GMP/General
-63170-127
GMP/Detailed
-63180-128
GMP/Final
-63190-129
SUB/General
-63200-130
SUB/Detailed
-63210-131
SUB/Final
-63220-132
All 2 Step Applications
-63230-133
All 1 Step Applications
-63240-149
Staff Approval
-63450-146
Board of Adjustment
-63235-148
Zoning Plan Check
REFERRAL FEES:
-63360-143
Engineering - County
00115-63340-163
Engineering - City
00123-63340-190
Housing
00125-63340-205
Environmental Health
PLANNING OFFICE SALES:
-63080-122 County Code
-69000-145 Other (Copy Fees)
TOTAL
/
Name: / Phone:
Address: f 1> Project:
Check #: —Date- _ L -
Public Notice
A general clrwlatlons within the City of Aspen
no later than fourteen (14) days following final
adoption hereot. Such notke shall be given In
the following form
Notice Is hereby given to the general publM
of the approval of a site specific development
plan, and the creation of a vested property
right pursuant to Title 24. Article 68, Colorado
Revised Statutes, pertaining to the following.
described property.
The property shall be described In the notice
and appended to said notice shall be the ordl-
nance granting such approval.
Section 5: That the City Clerk be and hereby
Is directed, upon the adoption of this ordi-
nance, to record a copy of this ordinance In the
office of the Pilldn County Clerk and Recorder.
Section 6: If any section, subsection, sen-
tence, clause, phrase or portion of this ordl-
nance Is for any reason held Invalid or uncon-
stitutional by any court of competent Iurisdic-
tlon, such provision and such holding shall not
affect the validity of the remalning portions
thereof.
Section 7: hits Ordinance shall not effect any
existing litigation and shall not operate as an
abatement of any action or proceeding now
pending under or by virtue of the ordinances
repealed or amended as herein provided. and
the same shall be conducted and concluded
under such prior ordinances.
Secton 8: A public hearing on the Ordinance
shall be held on the 13th day of Septemberl993
at 5:00 P.M. In the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (IS)
days prior to which hearing a public notice of
the same shall be published In a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law, by the City Council
of the City of Aspen on the 23rd day of August,
1993.
John Bennett, Mayor
ATTEST
'ithryn S. Koch, City Clerk
t ubltshed In the Aspen
Times August 27,
classified Ac
W EA&
birsale
AIN STREET CARBONDALE: 100'
f frontage at NEC of 2nd and Main.
ommercial. Very livable 1440 s.f.
Ider home rentable at $950 per
onth. $172,000. Makes sense.
indy or Frank. Smotherman & As-
ciates, 963-3000. (8/20-31:35c)
Mountain Ranch
Estates
35 - 115 acres, 10 minutes from
Crested Butte, CO. Secluded,
spectacular views, creek, pond,
lake. Private National Forest and
river access. Finished roads, util-
ities. Some of the finest moun-
tain ranch property) Must be
seen! $159,000+. By owner,
(303) 349-7000.
(30-35c)
MUST SELL! 2 bedroom, 2 bath
ental unit in downtown Asoen. Pool
ORDINANCE NO. 46
(SERIFS OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL
GRANTING SUBDIVISION EXEMPTION FOR
CONDOMINIUMIZATION AND VESTED RIGHTS
FOR THE CENTRAL BANK PROPERTY, LOCAT-
ED AT,420 EAST MAIN STREET (1/2 OF LOT 1,
AND ALL OF LOTSM, N, O, P. Q R. & S. BLOCK
86, TOWNSITE OF ASPEN, COLORADO).
WHEREAS, pursuant to Sections 24-7-1003
and 24-7-1007 of the Aspen Municipal Code,
condominlumization may be granted a subdivf-
sion exemption by the City Council; and
WHEREAS, pursuant to Section 24-6-207 of
the Municipal Code, the City Council may grant
vested rights status for a period of three years
upon adoption of a site specific development
plan; and
WHEREAS, Ronald Garfield and Andrew V.
Hecht submitted an application to the Planning
Office for Subdivision Exemption for condo-
miniumizatlon of the Central Bank Property;
and
WHEREAS, staff Included vested rlgts
approval by ordinance for the condominlu-
mization approval ganted by the City Council;
and
WHEREAS, the Engineering Department has
reviewed the application and made referral
comments; and
WHEREAS, the Planning Office, having
reviewed the application pursuant to Sections
24-7-1003, 24.7-1007 and 24-6-207 of the Aspen
Municipal Code and the referral comments
from the Engineering Department, recom-
mends approval of the condominlumization
and vested rights for a period of three years
with conditions; and
WHEREAS, the Aspen City Council having
considered the Planning Offlce's recommenda-
tions for condominlumization and vested rights
does wish to grant the requested Subdivision
Exemption for condominlumization and vested
rights for Subdivision Exemption for the Cen-
tral Bank Property.
NOW, THEREFORE, BE IT ORDAINED BY THE
CRY COUNCIL OF THE CITY OF ASPEN, COI,
ORADO.
Section 1: That Is does hereby grant a SubdF
vision Exemption for condominlumization of
the Central Bank Property located at 420 East
Main Street (1/2 of Lot L and all of Lots
M,N,O,P,Q,R,and S, Block 86, Townslte of
Aspen) pursuant to Sections 24-7-1003 and 24-7-
1007 of the Aspen Municipal Code
Section 2: The conditions of approval for the
Subdivision Exemption are:
1) Th-, applicant shall agree to loin any
future Improvement districts which may he
formed for the purpose of constructing
improvements In the public right-of-way.
2) Prior to the sale of either unit or within
180 days of ordinance approval, whichever
comes first, a condominium pl.,t must be
approved by the City Engineer and recorded
by the Pltldn County Clerk and Recorder. This
plat shall ineet the requirements of Section 24-
7-1004 D. of the Aspen Municipal Code as well
as the comments of the Engineering Depart-
ment review memo dated August 10, 1993.
3) Four parking spaces shall be dedicated to
Unit M2 and identified as such on all recorded
condominium documents.
4) A Subdivision Exemption Agreement shall
be submitted and filed concurrently with the
Condominium Plat.
5) All material representations made by the
applicant It, the application and during public
meetings with the City Council shall be
adhered to and considered conultions of
approval, unless otherwise amended by other
conditions.
Section 3. Pursuant to Section 24-6.207 of the
Municipal Code, City Council doe, hereby
grant vested rights for the Central Bank Proper -
I,, ^bdivision examntlnn tonrov,l as Wtu
1. The rights granted by the site specific
development plan approved by this Ordinance
shall remain vested for three (3) years from the
date of final adoption specified below. Howev.
er, any failure to abide by the terms end condi-
tions attendant to this approval shall result in
forfeiture of said vested property rights. Fall-
ure to timely and properly record all plats and
agreements as specified herein and or In the
Municipal Code shall also result In the Iorfei-
lure of said vested rights.
2. The approval granted hereby shall be sub
ject to all rights of referendum and Judicial
review.
3. Nothing In the approvals provided In this
Ordinance shall exempt the site specific devel.
opment plan Irom subsequent reviews and or
approvals required by this Ordinance or the
general rules, regulations or ordinances or the
City provided that such reviews or approvals
are not inconsistent with the approvals grant-
ed and vested herein.
4. The establishment herein of a vested prop
erty right shall not preclude the application of
ordinances or regulations which are general in
nature and are applicable to all property sub.
ject to land use regulation by the City of Aspen
Including, but not limited to, building, lire,
plumbing, electrical and mechanical codes. In
this regard, as a condition of this site develop
ment approval, the developer shall abide by
any and all such building, fire, plumbing, elec-
trical and mechanical codes, unless an exemp-
tion therefrom Is granted in writing
Section 4: The City Clerk shall cause notice of
Ihls Ordinance to be published in a newspaper
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 06 10 93 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-182-31-001 A33-93
STAFF MEMBER: KJ
PROJECT NAME: Sund Subdivision Exemption and GMOS Exemption for a
Lot Split
Project Address: 935 E. Hyman
Legal Address: Lots D, E, F, G, Block 35, East Aspen Addition
APPLICANT: Metropolis Investment Incorporated
Applicant Address: c/o Lenny Oates, 533 E. Hopkins, Aspen
REPRESENTATIVE:
Alice Davis,
Davis Horn, Inc.
Representative
Address/Phone:
215 S.
Monarch, #104
Aspen,
CO 81611
925-6587
FEES: PLANNING
$ 942.00
#
APPS RECEIVED
4
ENGINEER
$ 93.00
#
PLATS RECEIVED
4
HOUSING
$
ENV. HEALTH $
TOTAL
$1035.00
TYPE OF APPLICATION: STAFF APPROVAL:
1 STEP: X
2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
ItiJo VESTED RIGHTS: YES NO
CC Meeting Date Sfi% �Z $ �`� PUBLIC HEARING: YES Tu 10 4i,-E
JD N VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney
_ City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
DATE REFERRED:- lit
FINAL ROUTING:
City Atty
Housing
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD_
Energy Center
INITIALS: S w
DATE ROUTED: `
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other���r'
Other
DUE: Z >
INITIAL: j LL
J� City Engineer Zoning Env. Hea th
Open Space Other•
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Mayor and City Council ,
THRU: Amy Margerum, City Manager��`'
THRU: Diane Moore, City Planning Director
ofi
FROM: Kim Johnson, Planner
DATE: July 12, 1993
RE: Sund Subdivision Exemption for a Lot Split and Vested
Rights - First Reading of Ordinance ,-t/.3 , Series 1993
SUMMARY: The Applicant proposes to divide the 12,000 s.f. subject
parcel into two 6,000 s. f . lots pursuant to the Lot Split criteria.
One small residence currently exists on the eastern portion of the
site. The Applicant proposes to develop a new single family
residence and a new duplex on the resulting two lots. The proposed
Lot 1 contains a large boulder of historic significance. Please
refer to the Current Issues section of this memo for further
discussion.
This application is a one-step subdivision exemption before City
Council. Vested rights approval for three years is being included
to provide consistency with State vesting provision. The Planning
Office recommends approval of first reading of this ordinance with
conditions.
CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lots splits
require that development on the new lots provide Accessory Dwelling
Units deed restricted to resident occupancy requirements. In this
manner, housing goals of the AACP are supported.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The parcel is located at 935 E. Hyman and is zoned
R/MF (Residential/Multi-Family). In 1975, implementation of growth
management required that all adjacent lots held in single ownership
were merged for development purposes. At that time, lot splits
were created as a one-time exemption from the full Subdivision
process. Please refer to Exhibit "A" for the application
information and proposed plat.
REFERRAL COMMENTS:
City Engineering:
1) if the BLM survey monument on the boulder is to be relocated,
it must be done so by a registered surveyor in accordance with
applicable state statutes;
2) the boulder should remain in its current location or if moved,
1
0 1*
it should be relocated to the front of the property partially in
the public right-of-way. Moving the rock will require an
excavation permit;
3) to help preserve the character of the streetscape, the old rock
wall must remain where it currently exists in the public right-
of-way;
4) the encroaching wood and wire fences in the Hyman Street right-
of-way must be removed or receive an encroachment license prior to
development on the lots.
5) a sidewalk in the E. Hyman Ave. right-of-way must be constructed
at the time of development of the parcels.
6) the parcels shall meet storm run-off requirements of Sec. 24-
7-1004.C.4.f. at the time of development.
7) any work in the public right-of-way shall obtain permits from
the City Streets Department.
Please refer to Exhibit "B" for complete referral memo.
Historic Preservation Officer: In conversations with staff, Amy
Amidon stated that the HPC passed a motion directing her to
research the boulder's historic significance and if it is found
that the boulder is sufficiently important to Aspen's mining past,
to initiate the Landmark Designation process . Ms. Amidon has
since been able to document historic references to confirm that
this boulder, properly known as U.S. Land Monument Ute No.4,
appears to meet the requirements of the Municipal Code to be named
an Aspen Historic Landmark. Information obtained on Ute No.4
includes maps, mineral claims, surveying plats and federal
government records.
For actual landmark designation to occur, at least one out of the
six review criteria must be satisfied. Ms. Amidon has scheduled
the required public hearings before the Historic Preservation
Committee (HPC), Planning and Zoning Commission, and the City
Council. The first review is at HPC on July k 1993.
?,
CURRENT ISSUES: The issue of the historic ramifications of the
large boulder on the western part of this property does not affect
the specific review criteria for the lot split application. A
separate review process is being undertaken for the three public
hearings required for a Historic Landmark Designation on the
proposed Lot 1 of the Sund Lot Split. Staff believes that due to
the boulder's location and the potential Landmark Designation, the
applicant's presentation that proposed Lot 1 will contain a duplex
may not be the most space -efficient solution for development. It
may be easier to site the duplex on Lot 2 and a single family
residence on Lot 1 given the HPC's ability to grant setback and
height variations on Landmark designated parcels. As both lots
will be 6,000 s.f. in area, one duplex will be allowed on either
of the new parcels. Staff finds that flexibility will be necessary
when determining which structure (single family or duplex) will be
built on proposed Lot 1.
F0
Adoption of an ordinance approving a lot split will not affect the
upcoming Historic Landmark Designation hearings.
Pursuant to Section 24-7-1003.A.2, staff finds that the review
criteria for lot splits have been met. The specific criteria and
staff responses are contained as Exhibit "C".
FINANCIAL IMPLICATIONS: None are anticipated.
RECOMMENDATION: Planning recommends approval of the proposed
Subdivision Exemption with the following conditions:
1) If the BLM survey monument on the boulder is to be relocated,
it must be done so by a registered surveyor in accordance with
applicable state statutes.
2) To help preserve the character of the streetscape, the old
rock wall must remain where it currently exists in the public
right-of-way.
3) The encroaching wood and wire fences in the Hyman Street
right-of-way must be removed or receive an encroachment
license prior to development on the lots.
4) A sidewalk in the E. Hyman Ave. right-of-way must be
constructed at the time of development of the parcels.
5) The parcels shall meet storm run-off requirements of Sec. 24-
7-1004.C.4.f. at the time of development.
6) If the boulder or part of the boulder is moved, an excavation
permit is required.
7) Any work in the public right-of-way including landscaping
shall obtain permits from the City Streets Department.
8) All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended in the conditions.
9) The new Subdivision Plat and Subdivision Exemption Agreement
must be recorded with the Pitkin County Clerk and Recorder
within 180 days of approval by City Council. Failure to do
so may render the approvals invalid.
PROPOSED MOTION: "I move to have first reading of Ordinance i�i,
Series 1993 for the approval of the Sund Subdivision Exemption for
a Lot Split and vested rights affecting Lots D-G, Block 35, East
Aspen Addition."
3
CITY MANAGER COMMENTS:
Exhibits:
Ordinance =, Series 1993
"A" Application Information and Proposed Plat
"B" Engineering Referral Memo
"C" Section 24-7-1003.A.2 and Planning Staff Response
4
o
#3*508/31/93 lU: C4 RecS.Bf`: 722 F6 578
Silva L-avis, F'itkin Cnty Clergy:. c �.���7
ORDINANCE N0.43
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING
SUBDIVISION EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE SUND LOT
SPLIT (LOTS D,E,F AND G, BLOCK 35, EAST ASPEN ADDITION)
WHEREAS, Section 24-7-1003.A.2 of the Aspen Municipal Code
provides for City Council approval for lot splits as Subdivision
Exemptions and Section 24-6-207 allows vested rights for a period
of three years; and
WHEREAS, the Applicant, Metropolis Investment Incorporated,
submitted an application for a lot split to the Planning Office;
and
WHEREAS, the City Engineering Office has provided referral
comments on the proposed lot split; and
WHEREAS, the Historic Preservation Committee of the City of
Aspen has recommended that the western portion of the subject
property be considered for historic landmark designation because
of a large boulder which has been identified as an historic survey
marker for early mining claims in Aspen; and
WHEREAS, the lot split approval as requested by the applicant
shall not foreclose or limit any future action regarding the
parcel's designation as an historic landmark; and
WHEREAS, the Planning Office reviewed the proposed lot split
pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code and
the comments received from Engineering and recommends approval of
the Subdivision Exemption for a lot split with conditions; and
WHEREAS, the Aspen City Council having considered the Planning
Office's recommendations and Section 24-7-1003.A.2 of the Aspen
1
#360555 � �� 1 /93 10: 24 Rec $225. (- )(- ) Bt:: & FG 579
Silvia. Davis, Fitkin Cnty Clerk:, Doc $.00
Municipal Code does wish to grant the Subdivision Exemption for the
Sund lot split.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: That it does hereby grant Subdivision Exemption
approval for a lot split pursuant to Section 24-7-1003.A.2 of the
Aspen Municipal Code subject to the following conditions:
1) If the BLM survey monument on the boulder is to be relocated,
it must be done so by a registered surveyor in accordance with
applicable state statutes.
2) To help preserve character of the streetscape, the old rock
wall must remain where it currently exists in the public
right-of-way.
3) The encroaching wood and wire fences in the Hyman Street
right-of-way must be removed or receive an encroachment
license prior to development on the lots.
4) A sidewalk in the E. Hyman Ave. right-of-way must be
constructed at the time of development of the parcels.
5) The parcels shall meet storm run-off requirements of Sec. 24-
7-1004.C.4.f. at the time of development.
6) If the boulder or part of the boulder is moved, an excavation
permit is required.
7) Any work in the public right-of-way including landscaping
shall obtain permits from the City Streets Department.
8) All material representations made by .the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended in the conditions.
9) The new Subdivision Plat and Subdivision Exemption Agreement
must be recorded with the Pitkin County Clerk and Recorder
within 180 days of approval by City Council. Failure to do
so will render the subdivision exemption approvals invalid.
Section 2: Pursuant to Section 24-6-207 of the Aspen Municipal
Code, City Council does hereby grant the applicant vested rights
2
#3605550/31/93 10: ^4 Rec $�25. (.)() B*22 FG 5BO
Silvia Davis, Fitk.in Cnty Clerk, Doc $.()ti
for the Sund Lot Split as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 3: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following -
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 4: A public hearing on the Ordinance shall be held on the
day of 1993 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
3
#360:555 001 /93 1c?: �24 Rec $25. 00 BF:: PG 581
Silvia Davis, Pitk:in Cnty Clerk, Doc *-)ij
to which a hearing of public notice of the same shall be published
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of
, 1993.
•,,1,►►pUrurrr4.•.
�•`�1'l IF
"E Kathryn Koch, City Clerk
John Bennett, Mayor
�L 0AAO
FINALLY, adopted, passed and approved this day of
1993.
44,
uy
Ra hryn 9oc , City Clerk
�o�.i.� i►� ;
rr
5- (.3
John tennett, Mayor
0 ity Council 8zhibit,�
GGIzoved
By Ordinance
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Silvia Davis, Pitkin Cnty Clerk:, Doc
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ALLEY - BLOCK - 35-EAT
C Council 8zhibit 8
A� roved 0, 19 _
By Ordinance
To: Kim Johnson, Planning Office ,
From: Chuck Roth, City Engineer C
Date: June 27, 1993
Re: Sund Lot Split Subdivision Exemption & GMQS Exemption
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Survey -The survey that was submitted with the application may not qualify as an
improvement survey in that it is lacking a substantial piece of information. There is a
large boulder on the site that has been used for over 100 years as a survey monument.
It is a federal survey monument. If the boulder is to be moved, it must be referenced
with a new monument by a professional surveyor licensed to practice in the State of
Colorado in accordance with Bureau of Land Management procedures and in accordance
with Colorado state statutes.
2. Boulder - The boulder has historical significance because of reportedly being used as
a survey monument for over 100 years. It appears that the boulder may be located largely
within the side yard setback, and it does not appear to offer a serious encumbrance to
development of the property in its existing location. It is recommended that the applicant
be required to leave the boulder in its current location. If this recommendation is
determined to be unfeasible, then it is recommended that, following proper referencing
monumentation, the boulder be moved forward to the front of the property and into the
public right-of-way, positioned to permit a five foot sidewalk to be constructed at the time
of development of the property between the boulder and the curb. Most of the boulder
could be contained in the public right-of-way, and any portion of the boulder that would
remain on the applicant's property should be of sufficient lack of impact to the prospective
developer.
3. Stone wall - The existing stone wall appears to be an excellent wall which may have
historical significance. If the wall cannot reasonably be saved on the applicant's property,
at least the portion located in the public right-of-way should be left in place in its existing
condition. Note that removal of the wall or any other work in the public right-of-way
requires a permit from the City as described in paragraph 7 of this memo.
4. Encroachments - The encroaching wood and wire fences in the Hyman Street right-
of-way must be removed at the time of development. The applicant may apply for an
encroachment license for the fences, but these fences do not appear to be of sufficient
historical or other significance to merit an encroachment license.
5. Final Plat - A final plat must be submitted which meets the requirements of Section
24-7-1004 of the Municipal Code.
6. Sidewalks - Note that construction of sidewalk will be required as provided for in the
Pedestrian Bikeway Plan at the time of development of the property. Curb and gutter are
in place.
7. Storm Runoff - It is recommended that a condition of the lot split and of the GMQS
exemption be that development of the property meet the storm runoff requirements of
Section 24-7-1004.C.4.f. If there is a possibility of a conditional use review for an
accessory dwelling unit, storm runoff would also be considered at that time.
8. Development in the Public Right-of-way - Given the continuous problems of
unapproved work and development in the public rights -of -way, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city
streets department (920-5130).
Approval of building permit plans does not constitute approval of design or work in the
public right-of-way.
cc: Bob Gish, Public Works Director
Amy Amidon, Historic Preservation
M93.159
Cie Council Exhibit G
Approved • 19 _
By Ordinance
Sund Lot Split Proposal
Section 24-7-1003.2 (review criteria for lot splits)
A. The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the City
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of
subdivision regulations by the City of Aspen on March 24,
1969.
Response: This parcel is configured as the original East Aspen
Addition lots which were established prior to formation of either
the BOCC or the City Council. THe parcel has not been subdivided
after 1969.
B. No more than two (2) lots are created by the lot split, both
lots conform to the requirements of the underlying zone
district and the applicant commits that any lot for which
development is proposed will contain an Accessory Dwelling
Unit. When there is demolition on the property which makes
it subject to the provisions of Art. 5, Div. 7, Replacement
Housing Program, the standards of that program shall supersede
these requirements; and
Response: The minimum lot size in the RMF zone district is 6,000
square feet for single family or duplex structures, so the proposed
division complies with this requirement. The applicant commits to
compliance with necessary Accessory Dwelling Unit or Ordinance 1
(housing replacement) requirements.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions
of this article or a "lot split" exemption pursuant to Sec.
8-104 (C) (1) (a) ; and
Response: The parcel has not been involved with any other
subdivision exemption or lot split actions.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for
these lots nor will additional units be built without receipt
of applicable approvals pursuant to this Article and growth
management allocation pursuant to Art. 8.
Response: The applicant commits to recording this information on
the plat.
1
The Aspen Times, Saturday -Sunday, July 17-18. 1993 19-C
ORDINANCE No. 43
(SERIFS OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF
ASPEN, COLORADO, GRANTING SUBDIVI-
SION EXEMPTION APPROVAL AND VESTED
RIGHTS FOR THE SUND LOT SPLIT (LOTS D.
E, F AND G, BLOCK 35, EAST ASPEN ADDI-
TION)
WHEREAS, Section 24-7-1003.A.2 of the
Aspen Municipal Code provides for City
Council approval for lot splits as Subdivi-
sion Exemptions and Section 24-6-207 allows
vested rights for a period of three years;
and
WHEREAS, the Applicant, Metropolis Invest-
ment Incorporated, submitted an applica-
tion for a lot split to the Planning Office; and
WHEREAS, the City Engineering Office has
provided referral comments on the pro-
posed lot split; and
WHEREAS, the Historic Preservation Com-
mittee of the City of Aspen has recommend-
ed that the western portion of the subject
property be considered for historic land-
mark designation because of a large boulder
which has been identified as an historic sur-
vey marker for early mining claims In Aspen;
and
WHEREAS, the lot split approval as request-
ed by the applicant shall not foreclose or
limit any future action regarding the par-
leys designation as an historic landmark;
and
WHEREAS, the Planning Office reviewed the
proposed lot split pursuant to Section 24-7-
1003.A.2 of the Aspen Municipal Code and
the comments received from Engineering
and recommends approval of the Subdivi-
sion Exemption for a lot split with condi-
tions: and
WHEREAS, the Aspen City Council having
considered the Planning Office's recommen-
dations and Section 24-7-1003.A.2 of the
Aspen Municipal Code does wish to grant
the Subdivision Exemption for the Sund lot
split.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF ASPEN,COLORADO:
Section I: That it does hereby grant Subdivi-
sion Exemption approval for a lot split pur-
suant to Section 24-7-1003.A.2 of the
Aspen Municipal Code subject to the follow-
ing conditions:
1) If the BLM survey monument on the boul-
der is to be relocated, it must be done so by
a registered surveyor in accordance with
applicable state statutes.
2) To help preserve character of the
streetscape, the old rock wall must remain
where it currently exists in the public right-
of-way.
3) The encroaching wood and wire fences In
the Hyman Street right-of-way must be
removed or receive an encroachment
license prior to development on the lots.
4) A sidewalk in the E. Hyman Ave. rightof-
way must be constructed at the time of
development of the parcels.
5) The parcels shall meet storm run-off
requirements of Sec. 24-7-1004.C.4.f. at the
time of development.
6) If the boulder or part of the boulder is
moved, an excavation permit is required.
7) Any work in the public right-of-way
including landscaping shall obtain permits
from the City Streets Department.
8) Ali material representations made by the
applicant in the application and during pub-
lic meetings with the City Council shall be
adhered to and considered conditions of
approval, unless otherwise amended in the
conditions.
qy
tcouncil Zzhibit�pproved • 19 _
By Ordinance
9) The new Subdivision Plat and Subdivision
Exemption Agreement must be recorded
with the Pitkin County Clerk and Recorder
within 180 days of approval by City Council.
Failure to do so will render the subdivision
exemption approvals invalid.
Section 2: Pursuant to Section 24-6-207 of
the Aspen Municipal Code, City Council
does hereby grant the applicant vested
rights
for the Sund Lot Split as follows:
1. The rights granted by the site specific
development plan approved by this Ordi-
nance shall remain vested for three (3)
years from the date of final adoption speci-
fied below. However, any failure to abide by
the terms and conditions attendant to this
approval shall result in forfeiture of said
vested property rights. Failure to timely and
properly record all plats and agreements as
specified herein and or in the Municipal
Code shall also result in the forfeiture of
said vested rights.
2. The approval granted hereby shall be
subject to all rights of referendum and Judi.
cial review.
3. Nothing In the approvals provided in this
Ordinance shall exempt the site specific devel-
opment plan from subsequent reviews and or
approvals required by this Ordinance or the
general rules, regulations or ordinances or the
City provided that such reviews or approvals
are not inconsistent with the approvals grant-
ed and vested herein.
4. The establishment herein of a vested
property right shall not preclude the appli-
cation of ordinances or regulations which
are general in nature and are applicable to
all property subject to land use regulation
by the City of Aspen including, but not limit-
ed to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condi-
tion of this site development approval, the
developer shall abide by any and all such
building, fire, plumbing, electrical and
mechanical codes, unless an exemption
therefrom is granted in writing.
Section 3: The City Clerk shall cause notice
of this Ordinance to be published in a news-
paper of general circulations within the City
of Aspen no later than fourteen (14) days
following final adoption hereof. Such notice
shall be given in the following form:
Notice is hereby given to the general public
of the approval of a site specific develop-
ment plan, and the creation of a vested
property right pursuant to Title 24, Article
68, Colorado Revised Statutes, pertaining to
the following -described property:
The property shall be described in the
notice and appended to said notice shall be
the ordinance granting such approval.
Section 4: A public hearing on the Ordinance
shall be held on the 8th day of August, 1993
at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to which a hearing of public
notice of the same shall be published in a
newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUB.
LISHED as provided by law, by the City
Council of the City of Aspen on the 12th day
of July, 1993.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Published in the Aspen Times July 16. 1993.
•
J. NICHOLAS MCGRATH, P.C.
A Professional Corporation
Attorneys At Law
J. Nicholas McGrath'
Michael C. Ireland
Jeanne C Doremus
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena
Aspen, CO 81611
Dear Kim:
May 1, 1993
Re: Bell Mountain Lodge
600 East Hopkins Avenue
Suite 203
Aspen, Colorado 81611
Telephone (303) 925-2612
Telecopier (303) 925-4402
W
My client, Bell Mountain Limited Liability Co., is scheduled to close on the
purchase of the Bell Mountain Lodge on May 10, 1993. Please consider this
letter as an application for vesting of the rights granted to the Bell Mountain
Lodge property by Ordinance 3, series of 1993, adopted by the Aspen City council
February 22, 1993. Under § 6-207 of the Aspen Land Use Code, the vesting of
the rights is valid for three years and eligible for extensions as provided in the
code. My understanding from our conversations on this matter is that the
application fee is approximately $1,200 and that any excess above the cost of
preparing a memorandum and resolution will be ,refunded to my client.
Thank you.
m93 valer501.1tr
Sincerely,
J. NICHOLAS MCGRATH, P.C.
, WAq
Bl': :Yiichaei C. Ireianu
Member, Colo (1971), Calif (1969), and D.C. (1966)barr
AZ g-13
2 -737- / �Z- 2 7 bd 3
TO:
THRU:
THRU:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
Amy Margerum, City Manager
Diane Moore, City Planning Direct t
J
Kim Johnson, Planner
August 9, 1993
RE: Sund Subdivision Exemption for a Lot Split and Vested
Rights - Second Reading of Ordinance 43, Series 1993
SUMMARY: The Applicant proposes to divide the 12,000 s.f. subject
parcel into two 6,000 s. f . lots pursuant to the Lot Split criteria.
One small residence currently exists on the eastern portion of the
site. The Applicant proposes to develop a new single family
residence and a new duplex on the resulting two lots. The proposed
Lot 1 contains a large boulder of historic significance. Please
refer to the Current Issues section of this memo for further
discussion.
This application is a one-step subdivision exemption before City
Council. Vested rights approval for three years is being included
to provide consistency with State vesting provision. The Planning
Office recommends final approval of this ordinance.
CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lots splits
require that development on the new lots provide Accessory Dwelling
Units deed restricted to resident occupancy requirements. In this
manner, housing goals of the AACP are supported.
PREVIOUS COUNCIL ACTION: First reading of Ordinance 43 was passed
by a 5-0 vote on July 12, 1993.
BACKGROUND: The parcel is located at 935 E. Hyman and is zoned
R/MF (Residential/Multi-Family). In 1975, implementation of growth
management required that all adjacent lots held in single ownership
were merged for development purposes. At that time, lot splits
were created as a one-time exemption from the full Subdivision
process. Please refer to Exhibit "A" for the proposed plat.
REFERRAL COMMENTS:
City Engineering:
1) if the BLM survey monument on the boulder is to be relocated,
it must be done so by a registered surveyor in accordance with
applicable state statutes;
2) the boulder should remain in its current location or if moved,
it should be relocated to the front of the property partially in
1
the public right-of-way. Moving the rock will require an
excavation permit;
3) to help preserve the character of the streetscape, the old rock
wall must remain where it currently exists in the public right-
of-way;
4) the encroaching wood and wire fences in the Hyman Street right-
of-way must be removed or receive an encroachment license prior to
development on the lots.
5) a sidewalk in the E. Hyman Ave. right-of-way must be constructed
at the time of development of the parcels.
6) the parcels shall meet storm run-off requirements of Sec. 24-
7-1004.C.4.f. at the time of development.
7) any work in the public right-of-way shall obtain permits from
the City Streets Department.
Please refer to Exhibit "B" for complete referral memo.
Historic Preservation Officer: The Historic Preservation Committee
passed a motion directing Historic Preservation Officer Amy Amidon
to research the boulder's historic significance and if it is found
that the boulder is sufficiently important to Aspen's mining past,
to initiate the Landmark Designation process. Ms. Amidon has since
been able to document historic references to confirm that this
boulder, properly known as U.S. Land Monument Ute No.4, appears to
meet the requirements of the Municipal Code to be named an Aspen
Historic Landmark. Information obtained on Ute No.4 includes maps,
mineral claims, surveying plats and federal government records.
For actual landmark designation to occur, at least one out of the
six review criteria must be satisfied. The Historic Preservation
Committee (HPC) opened a public hearing for the landmark
designation on July 28, 1993. The hearing is continued to August
11, 1993 in order for the prospective landowner to consider various
development options based on the location of the boulder. Public
hearings will also occur at the Planning and Zoning Commission and
the City Council.
CURRENT ISSUES: The issue of the historic ramifications of the
large boulder on the western part of this property does not affect
the specific review criteria for the lot split application. A
separate review process is being undertaken for the public hearings
required for a Historic Landmark Designation on the proposed Lot
1 of the Sund Lot Split. Staff believes that due to the boulder's
location and the potential Landmark Designation, the applicant's
presentation that proposed Lot 1 will contain a duplex may not be
the most space -efficient solution for development. It may be
easier to site the duplex on Lot 2 and a single family residence
on Lot 1 given the HPC's ability to grant setback and height
variations on Landmark designated parcels. As both lots will be
6,000 s.f. in area, one duplex will be allowed on either of the new
parcels. Staff finds that flexibility will be necessary when
determining which structure (single family or duplex) will be built
0a
0 •
on proposed Lot 1.
Adoption of an ordinance approving a lot split will not affect the
upcoming Historic Landmark Designation hearings.
Pursuant to Section 24-7-1003.A.2, staff finds that the review
criteria for lot splits have been met. The specific criteria and
staff responses are contained as Exhibit "C". Ordinance 43
(including public hearing notice information) was published in the
Aspen Times on July 16, 1993 (Exhibit "D").
FINANCIAL IMPLICATIONS: None are anticipated.
RECOMMENDATION: Planning recommends approval of the proposed
Subdivision Exemption with the following conditions:
1) If the BLM survey monument on the boulder is to be relocated,
it must be done so by a registered surveyor in accordance with
applicable state statutes.
2) To help preserve the character of the streetscape, the old
rock wall must remain where it currently exists in the public
right-of-way.
3) The encroaching wood and wire fences in the Hyman Street
right-of-way must be removed or receive an encroachment
license prior to development on the lots.
4) A sidewalk in the E. Hyman Ave. right-of-way must be
constructed at the time of development of the parcels.
5) The parcels shall meet storm run-off requirements of Sec. 24-
7-1004.C.4.f. at the time of development.
6) If the boulder or part of the boulder is moved, an excavation
permit is required.
7) Any work in the public right-of-way including landscaping
shall obtain permits from the City Streets Department.
8) All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended in the conditions.
9) The new Subdivision Plat and Subdivision Exemption Agreement
must be recorded with the Pitkin County Clerk and Recorder
within 180 days of approval by City Council. Failure to do
so may render the approvals invalid.
PROPOSED MOTION: "I move to approve Ordinance 43, Series 1993 on
second reading for the approval of the Sund Subdivision Exemption
3
0
•
for a Lot Split and vested rights affecting Lots D-G, Block 35,
East Aspen Addition."
CITY MANAGER COMMENTS:
Exhibits:
Ordinance 43, Series 1993
"A" Proposed Plat
"B" Engineering Referral Memo
"C" Section 24-7-1003.A.2 and Planning Staff Response
"D" Mailing and Publication Verifications of Ordinance/Public
Hearing
4
0 •
JUL 2 2 f
CERTIFICATE OF MAILING
Kerry E. Good, does hereby certify that on July 22, 1993, a true
and correct copy of the attached Public Notice re: Sund
Subdivision Exemption and GMQS Exemption for a Lot Split Notice was
placed in the United States Mail, first-class postage prepaid to
the owners of property within 300 feet of the subject property. A
copy of the list of property owners notified is attached hereto.
Kerr E Go c
•
PUBLIC NOTICE
RE: SUND SUBDIVISION EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, August 9, 1993 at a meeting to begin at 5:00 pm before the
Aspen City Council, Council Chambers, City Hall, 130 S. Galena,
Aspen, CO to consider an application submitted by Metropolis
Investment Incorporated, c/o Lenny Oates, 533 E. Hopkins, Aspen,
CO, requesting Subdivision Exemption and GMQS Exemption for a Lot
Split. The property is located at 935 E. Hyman, Lots D, E, F and
G, Block 35, East Aspen Addition. For further information, contact
Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena,
Aspen, CO 920-5100
s/John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on July 23, 1993
City of Aspen Account
•
•
Davits llorn�-
PLANNING • APPRAISING • REAL ESTATE CONSULTING
June 9, 1993
Ms. Kim Johnson
Aspen Pitkin County Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Sund Lot Split: Subdivision Exemption and GMQS Exemptions for
the property located at 935 East Hyman Avenue, Aspen, CO.
Dear Kim:
We represent Metropolis Investments Inc. (hereinafter "applicant")
who is seeking subdivision exemption and GMQS exemption approvals
for a lot split on a 12,000 square foot parcel in east Aspen now
improved with one small residence. The requests are being made
pursuant to the Aspen Land Use Regulations, Section 7-1003(A)(2)
Subdivision Exemptions and Sections 8-104 (C) (1) (a) and 8-
104(A)(1)(c), GMQS Exemptions. The property is zoned RMF.
As specified in the Aspen Land Use Regulations and in a pre -
application conference with Kim Johnson of the Planning Office (see
attachment 1) the lot split subdivision and GMQS exemptions are a
one step review to the City Council. The applicant is also
requesting a planning director GMQS exemption (8-104 (A) (1) (c) ) for
a duplex on the 12,000 subject property. We are also requesting
pre -notice of the ordinance so that the second reading of the
ordinance and the public hearing can be held on July 26, 1993, the
next City Council meeting following the first reading of the
ordinance on July 12, 1993.
DESCRIPTION OF THE SUBJECT PROPERTY
AND THE PROPOSED DEVELOPMENT
The subject property is located at 935 East Hyman Avenue on the
east side of Aspen (East Aspen Addition to the Aspen Original
Townsite Block 35, Lots D,E,F G). The lot contains 12,000 square
feet and has one single family residence located on the east side
of the parcel. The applicant proposes to subdivide the lot through
the lot split process into two 6,000 square foot parcels. One will
ultimately contain a duplex and the other a single family home.
Both lots will conform to all floor area and dimensional
requirements of the Aspen Land Use Regulations. The west side of
the parcel is essentially vacant, though the applicant is currently
in the process of removing a large boulder in the middle of this
proposed lot which would inhibits development. (See plat in
attachment 6.) The neighborhood consists primarily of single
family and duplex dwellings on lots of 6,000 square feet with
several multi -family projects as well.
ALICE DAMS, SRA I GLENN HORN, AICP
215 SOUTH MONARCH • SUITE 104 • ASPEN, COLORADO 81611 •303/925-65587 • FAX: 303/925-5180
LAND USE APPROVALS
GMQS EXEMPTION BY PLANNING DIRECTOR
The applicant is requesting a GMQS exemption by the Planning
Director pursuant to Section 8-104(A)(1)(c) of the Aspen Land Use
Regulations. This Planning Director exemption is for the
construction of a duplex dwelling (or to replace after demolition
with such a dwelling) on a lot which was subdivided or was a
legally described parcel prior to November 14, 1977, and which
complies with the provisions of Section 7-1004(A)(5) of the Aspen
Land Use Regulations. This request is for an exemption for a
duplex dwelling on the entire 12,000 square foot subject property,
is being made prior to the lot split request and meets the
conditions of 7-1004(A)(5). The applicant therefore requests
Planning Director approval of this exemption.
SUBDIVISION EXEMPTION FOR A LOT SPLIT
Section 7-1003 (A)(2) of the Aspen Land Use Regulations provides an
exemption from the subdivision regulations for lot splits and reads
as follows:
"The following development shall be exempted from the terms of
this division:
(2) Lot split. The split of a lot for the purpose of the
development of one detached single family dwelling on a
lot formed by a lot split granted subsequent to November
14, 1977 where all of the following conditions are met"
The conditions referenced above are addressed below.
"a. The land is not located in a subdivision approved by
either the Pitkin County Board of County Commissioners or
the City Council, or the land is described as a metes and
bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen
on March 24, 1969;"
RESPONSE: The subject parcel is not located in such a
subdivision, the land is not described as a metes and
bounds parcel which has not been subdivided after the
adoption of subdivision and meets this condition.
"b. No more than two (2) lots are created by the lot split,
both lots conform to the requirements of the underlying
zone district and the applicant commits that any lot for
which development is proposed will contain an accessory
dwelling unit. When there is demolition on the property
2
• 0
which makes it subject to the provisions of Article 5,
Division 7, Replacement Housing Program, the standards of
that program shall supersede these requirements;"
RESPONSE: No more than two lots are being created and
the lots will conform to the applicable RMF zone district
requirements. The RMF zone district requires 3,000
square feet of lot area per dwelling unit for a duplex
and 6,000 square feet of lot area per dwelling unit for
a single family home, so both new lots will be
conforming. Both lots, when developed, will be developed
with an accessory dwelling unit. The applicant will
obtain any necessary City approvals for the accessory
dwelling units (such as conditional use review) which are
applicable at the time when building plans are available
for the development of each lot. If and when the
existing home on the subject property is demolished, the
standards of the Replacement Housing Program will be
followed and shall supersede these requirements.
"c. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the
provisions of this article or a "lot split" exemption
pursuant to sec. 8-104(C)(1)(a);"
RESPONSE: The lot, or any part thereof, was not
previously the subject of any exemption under the
provision of the subdivision regulations or the GMQS
provision found in 8-104(C)(1)(a) of the Aspen Land Use
Regulations.
"d. A subdivision plat is submitted and recorded after
approval, indicating that no further subdivision may be
granted for these lots nor will additional units be built
without receipt of applicable approvals pursuant to this
Article and growth management allocation pursuant to
Article 8."
RESPONSE: The applicant agrees to submit a subdivision
plat for recordation after approval. The plat shall
indicate that no further subdivision may be granted for
these lots nor will additional units be built without
receipt of applicable land use approvals. The applicant
understands that applicable City reviews will be required
for the accessory dwelling units at the time building
plans are available for each lot and before development
can occur.
3
9 •
GMQS EXEMPTION FOR A LOT SPLIT
The applicant is also requesting exemption from the Growth
Management Quota System pursuant to Section 8-104 (C)(1)(a) of the
Aspen Land Use Regulations. Such provision allows an exemption
from the GMQS process for one single family dwelling on a vacant
lot formed by a lot split granted after November 14, 1977 pursuant
to the above subdivision exemption review. The property need not
contain any development on the original lot to obtain this
exemption. This request can be processed simultaneously with the
above subdivision exemption request as both are one step reviews
before the City Council.
AUTHORIZATION TO REPRESENT
Attachment 2 is a letter from the applicant authorizing Davis Horn
Incorporated to prepare this land use application and represent it
in the land use review process.
ATTACHMENT INDEX
The following is a list of attachments:
Attachment 1: Pre -application conference summary sheet;
Attachment 2: Letter authorizing Davis Horn Inc. to submit
this land use application and to represent the
applicant in the process;
Attachment 3: Land use application form;
Attachment 4: Fee agreement;
Attachment 5: Proof of ownership; contract for purchase from
owner to purchaser with a provision allowing
the purchaser to submit this land use
application.
Attachment 6: Lot split plat for the subject property at
935 East Hyman Avenue.
SUMMARY
The applicant is requesting lot split approval through the
Subdivision and GMQS Exemption processes in order to subdivide the
12,000 square foot subject property into two 6,000 square foot
lots. The eastern most lot on the attached plat contains an
existing residence.
4
0
•
When redeveloped, one of the lots will contain a duplex and the
second will contain a single family home. Both lots will have an
accessory dwelling unit which will have to obtain conditional use
approval or any other applicable approvals in effect at the time of
development. The duplex and single family dwellings are exempt
from GMQS and such exemptions are requested as part of this
application.
This application has described the subject site, explained the
proposed subdivision exemption and GMQS exemption approvals
requested for this lot split and has demonstrated compliance with
pertinent sections of the Aspen Land Use Regulations which were
identified by the staff in the pre -application conference. Please
notify us if we have mistakenly neglected to address any of your
concerns.
Thank you for assisting us in the preparation of this application.
Please call if you have any questions or need to schedule a site
inspection.
Sincerely,
DAVIS HORN, INC.
ALICE DAVIS
5
. CITY OF ASPEN • /
PRE -APPLICATION CONFERENCE SUMMARY
PROJECT: �+Z) Z4 5,0/1 ATTACMENT
APPLICANT'S REPRESENTATIVE: iG L fS
REPRESENTATIVE' S PHONE
OWNER'S NAME :
SUMMARY /
1. Type of Application:
2. .4 Describe action/type of development being requested:
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Agent
Comments
/Referral
4.
Review is: (P&Z
Only) CC Onl
(P&Z then to C)
Public Hearing:
C(NO)f,//
ofUNG-5.
6.
Number of copies
of the application
to be submitted:
7.
What fee was applicant
requested to
submit: / Z 3
8.
Anticipated date
of submission:
35,
9.
COMMENTS/UNIQUE
CONCERNS:
Y
frm.pre_aPP
0
0
June 9, 1993
Kim Johnson
Aspen Pitkin Planning office
130 South Galena Street
Aspen, CO. 81611
ATTACHMENT 2-
RE: Authorization to submit a land use application
Dear Kim:
This letter serves as authorization for Davis Horn Incorporated
(Alice Davis and Glenn Horn) to submit a land use application on
the behalf of Metropolis Investments Inc. and to represent
Metropolis Investments Inc. in the land use process. This
representation is for a lot split application on a 12,000 square
foot property located at 935 East Hyman Avenue (Block 35, Lots
D,E,F and G, East Aspen Addition to the Aspen original Townsite).
The property is now owned by Frank and Hazel Loushin and is undar
contract to Metropolis Investments Inc. with authorization to
submit a land use application granted in the contract of sale.
Davis Horn Incorporated is located at 215 South Monarch Street,
t104 Aspen CO. 81611; (303) 925-6587.
Very Truly Yours,
METROPOLIS INVESTMENTS INC.
DY
LEONARD M. OATES, ITS ATTORNEY IN FACT
ATE 1
IAND USE APPLICATION Fri ATTAC Uff 3
1) Project Namey n Lo J 42 f + t
2) Project Incaticn 23 S I= I -1 l rno nyc n L'`e- A s b 1
Eas7 41- �Ln AddifIor1 glCC-k 35-D . F
(indicate street address, lot & block number, legal descr Lion use
appropriate)
3) Present Zoning R m F 4) Iat Size
5) Applicant's Name, Address & Phone
LPonUrd nftH�, .T-(s 4*orryV n Facrt q-)e'-170 /sif"64n Send 37q-ly?3
s 33 %. Hopk,ns Asp -On CC, 19101
6) Representative's Name, Address & Phone ��1U I S
�l5 S rncnorM 4:�IDy
7) Type of Application (please check all that apply):
conditional Use
Special. Review
8040 Greenlizte
Stream Margin
Mountain View Plane
crnoeptual SPA
Final SPA
Conceptual PAD
Final PUD
Sltbdivisicn
Text/Map Amendm t
Log
Final Historic Dev.
C �. .oil Z-
2) Descr�tian of adsting Uses (umber and type of existing str�res;
apprcDdinate sq. ft.; number of bedroms; any previnus approvals granted to the
property)
I s�nq�� tarn► lei ►�esr�enc� Caoar;�irrL�lU '750st
9) Description of Development Application V CQ (Y"S tl i 19
) -tz) Cr�a�P_ 2
C�n� will cC�n�ain� Q cn " a s�nG l�-�►nil�
51
10) Have you attached the following?
✓ Respoonse to Attachment 2, Minimnn Suimissicn Contents
✓ Response to Attachment 3, Specific submission contents
v' Response to Attadtment 4, Review Standards for Yo= Application
• • ATTACHMENT `�,/
'
ASPENTITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and M e*_0 PQ11 S SAce5f M16 l o C•
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
�-- 5Oil +
(hereinafter, THE PROJECT). - - -
(mQ 5 E
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 44 (Series of 1991) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
06-09-1993 03:05PM PR6DAOIS HORN INC.
TO 9201121 P.05
•
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $,,5
which is for —f _ hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
$yhi
� 6 ���
Dlie� 1VYoore
City Planning Director
APPLICANT
(/
Date:
U
For Planning Office Use
Case Number
Case Name
Deposit or Flat Fee Amount:
Deferral Fees: Engineer: Housing: Environmental Health:
TOTAL P.05
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Tii15 I5 r\LFrat INMLME7 IF NOT UNDEkSTCOD, LECakL.T.�K OR OTHER CCU NSEL SHOULD BECONSULTUD 9FFORBSICNING.
RESIDENTIAL
'CONTRACT TO BUY AND SELL REAL ESTATE ENT
Sell'errs remedy Liquidated Damages or Specific Perfo e
(Section 16)
[FINANCING SECTIONS OMITTED]
March 31 , 19
1.PARTIESANDPROPERTY, Metropolis Investments. :nc. and/or assigns
purchaser(s) (Purchaser], agrees to buy, and the undersigned ►ella(s) (Seller], agrees
to'sell,. on the terms and conditions set forth in this contract, the following described real tstate in the County of
PTTKIN , Colorado, to wit:
LOT D, E, F, G, BLK 35
E. ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
known as No. 935 E. Hyman Ave
(Stieet Address)
_ soon, C0 81611
(City, State, Zip)
together with p9 inmicit of Scllcr in vacated srtcets and alleys adjacent thereto, all cacmcnu and other appurtenances
thereto, ail improvements thereon and all attached fixtures thereon, except as herein excluded, and called tho Property.
2. INCLUSIONS. The purchase price inciudes the following items (a) if attached to the Property on the date of this contras
lighting, heating, plumbing, vcni lating, and air conditioning futures, TV antennas, water softeners, smoke/fire/burglar alarms,
securitydevices, Inside telephone wiring and connecting blocks/jacks, plants, mirrors, floorcovennp, intercom systems,
built-in kitchen appliances, and sprinkler ivstems and controls; (b) If on tlic Property whether attached or not on the date
of this contract: built-in vacuum systems (including accessories), storm windows, storm doors, window and porch shades,
awnings, blinds, screens, curtain rodi, drapery rods, fireplace inscrts, fireplace screens, fireplace Crates, heatingstovcs, storage
sheds, all kdys and garage door openers including Do remote controls; and (c)
none
The above lesaibed included items (Inclusions) are to be conveyed to Purchaser by Seller by bill of sale at the clotin& free and S .�
dear of all taxck liens and encumbrances, except u provided ins44coon 10,
The following attached frxtures.tr cxcludcd from this sale: Stlltra S"u L kOv�- ` r`�(I�C �D N
ACirri� shrv,�%/f zes�Law�5cs2.piw1 �I DtT�r lot�ocC. -1-+,.a— r.,tosirv} cilss.re_. #1. /93
3. PURCHASE PRICE AND TERMS. The purchase prig shall be S 1 , 0 Q 0 , 0 0 0 . 0 0 payablc in U.S. dollars by
Purchaser as follows (complete the applicable terms below):
(a) EARNEST NIONGY.
f 20,000.00 intheformof a check
as earnest money deposit and part paymcrt of the purchase price, payable to and held by
Pitkin County Tit. Escrow Account
broker, in broker's trust account on behalf of both Seller and Purchaser. Broker is authorized to deliver the earnest money
deposit to the closing agent, if any, at or before closing.
(b) CASH AT CLOSING.
f 1,060,000.00 to be paid by Purchaser at closing in cash, electronic transfer funds, certified check, savings and
loan tc)lcr's check, or oashicr's cheek. Subject to the provisions of section 4, if the existing loan balance at the time of
closing shall be different from the loan balance in secuon 3, the adjustment shall be made in cash at dosing or paid as follows:
paid by Seller
4. FINANCING CONDITIONS AND OBLIGATIONS.
nNANCING TERMS, CONDITIONS AND OBLIGATIONS, PFRTAINING TO SECTIONS 3.4,ND 4, ARE
ATTACHED BY REAL ESTATE COMMISSION AYPROV ED ADDENDUNI AS FOLLOWS:
(check a applicable)
❑ NEW LOAN
❑ ASSUMPTION
❑ SELLER OR PRIVATE THIRD -PARTY
5. GOOD FUNDS All payments required at dosing shall be made in funds which comply with all applicable Colorado laws.
6.1k)t ASSIGNABLE. This contract shall rs6(ne :usignable by Purchascr without Scllcr's pnor written Consent. Except as to
restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and
assigns of the parties.
Na CBSSA 5199 RESMErMAL CONrTRACTTO BUY a SELL REAL ESTATE' (FINANCING Sr?CitONS OMITTED) Pste 1 of s
MaAIIYIrl Puohit ,n& tt Co'hru. CO aC525 (hW)1345- IJ;7 VcpuN ai Aspen CI.0 Propemn, 730 L Dunni, Aspen CO (303)920-M
0
'I. EVIDENCE OF TITLE. Sealer shall furnish to Purchaser, at Scller's cxaense, i a current commitment for owner's tick
insurance policy to an amount equal to the purchase price or !NNHA /yNdYi'y# , on
or before April 20 . 19 93 . �t/� ftrld,(ptP/,yf�/ jgfpgi�lgi t�l{fllr�dj[Kv4l Purchaser A* requime of
Seller that copies of insuumenu listed in the schedule of exceptions (Exceptions) in the titlo
Insurance commitment also be furnished to Purchaser at Seller's expense. Th(s requirement shall pertain only to instruments
shown of record in the office of the clerk and recorder of the designated county or counties. The tick insurance commitment,
together with any topics p(pyfbfV$A of Instruments furnished pursuant to this section 7, constitute the title documents (Iltk
Doeomenu). P,lylS�°9e{Jlihffhfflil�S�ibi;11,9s9fPlfir�RS<!r9(9ii�51diEd�dl�f�V�Y4p161(►�pIY
���fll�'/L11,L1 �9'idx9'�,�/�"���+u'f/f��PY�)l!{/��y�a�i�,W'lgbrs�ifvll>�//W,�lkdilOtFi�t4�Jififh
ScUer will have the title insurance policy delivered to Purchaser as soon as prwdcable after closing and
pay the premium at closing.
S.1TILE (a) Title Review. Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by
Purchaser of unmerchantability o(tltic or of any other unsatisfactory title condition shown by the Title Documents or abstract
shall be signed by or on behalf of Purchaser and given to Seller or Lii M& Company on or before 10 calendar days after
Purchaser's receipt of Tide Documents or abstract, or within five (5) calendar days after receipt by Purchaser of any Title
Document(s) or ersdorscmcnt(s) adding new Exccotion(s) to the title commiunent together with a copy of the Title Document
adding new Exception(s) to title. If Seller or Luting Company does not receive Purchaser's notice by the dates) specified
above, Purchaser shall be deemed to have accepted the condition of title as dlsclosed by the Title Documents as satisfactory.
(b) Matters Not Shown by the Public Records. Seller shaU deliver to Purchaser, on or before the date set forth in
section 7, true copies of all Icasc(s) and survcy(s) in Seiler's possession pertaining to the Property and shall disclose to Purchaser
all easements, liens or other title matters not shown by the public records of whlca: Seiler has actual knowledge. Purchaser shall
have the right to inspect the Property to determine if any third party(s) has any right In the Property not shown by the pubUe
records (such as an unrecorded casement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory
eondidon(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to seUar or
Listing Company on or before April 30 .19 93 If Seller or Listing Company does not receive
Purchaser's notice by said date, Purchaser shall be deemed to have accepted tide subject to such rights, it any, of third parties of
which Purchaser has actual knowledge.
(c) Right to Curo. If Seiler or Listing Company receives notice of unmerchantability of title or any other ustsawfactoty
title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title
conditions(s) prior to the date of dosing. If Seller fails to ro"cct said unsatisfactory ude condition(s) on or before the date of
elos►ag, this contras shad then terminate, subject to section 17; provided, however, Purchaser may, by written notice received by
Seller or Listing Company on or before closing, waive objection to said unsatisfactory title coadition(s).
9. DATE OF CLOSING. The date of closing shall be September 15 . 19 93 or by mutual agreement at an
earlier date. The hour and place of closing shall be as designated by
_Thomas A. Melberg Real Estate Inc.
la TRANSFER OF TITLE. Subject to tender or payment on closing as rcgtred herein and wmpliance by Purchaser with the
other terms and provisions hereof, Seller shall execute and deliser a good and sufficient General Warranty
dead to Purchaser, on dosing, conveying the Property free and clew of all taxes except the general taxes for the year of closing,
and except none
free and dear of all Lens for special improvements installed as of the date of Purchases s signature hereon, whether assessed or
not; except distribution utility easements, including cable TV; except those matters reflected by the Title Documents
accepted by Purchaser in accordance with subsection 8(a); except those rights, if any, of third parties in the Property not shown
by the public records in accordance with subsection 6(b); and subject to building,. -id zoning regulations.
11. PAYMENT OF E.*ICUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of
settlement from the proceeds of this transaction or from any other source.
12 CLOSING COSTS, DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at
closing except as otherwise provided herein. Purchaser and Seller shall sign and complete all customary or required documents
at or before closing, Fees for real estate closing and settlement services shall not exceed S 5 0 0 . 0 0 and
shalibepaid atclosingby each Party paving their respective costs
13, PRORATIONS. General truces (or the year of closing, based on the most recent levy and the most recent assessment, rears,
water and sewer charges, homeowner's association dues, and interest on continuing loan(:), if any, and none
shall be prorated to date of closing.
FHA or private mortgage insurance premium ❑ shall E] shall not be apportioned to date of closing. Any Such
amount shall be apportioned as follows:
Any sales, use and transfer tax chat may accrue bceausc of this transaction shall be paid by Purchaser
14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows:
upon delivery of deed
subject to the following ICASc(s) or tenancy(s) none
If Seller, after -closing, fails to deliver possession on the date herein specified, Seller shall be subject to evictionand shall be
additionally liable to Purchaser for payment of $ 3 0 0 . 0 0 per day from the date of agreed possession until ..
possession is delivered.
Purchaser ❑ does 9 dots not represent that Purchaser will occupy the Property as Purchaser's principal resldanec.'
NuCAiSASia9RBSIDE?Yr1ALOOvtRn TOBUYa 5ELL REAL ESTATE(PINANCIIGSRCnONSOMIT11 top2esS
McAllauv V,anlaNnS, fi Coiivu, t:0 itS1S W)lJblol7 PrcpuW a Aspen Clan Propenia, 730 2. Dvntu, Npan CO t )D1 -=
15.CONDt IONOFAND DAMAGLTOPROPERTY. The Property and Indusiom shall be conveyed In their present
condition, ordinary wear and tear exce^.tcd. In the event the Properly shall be damaged by fue or other casuaity prior to time of
dosing, in an amount of not more then ten percent of the total purchase prig, Seller shall be obligated to repair the same
before the date of closing. In the event such damage it not repaired within said time or if the damages exceed such sum, this
contract may be terminated at the option of Purchaser. Should Purchaser elect to carry out this contract despite such
damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and
Inclusiorts, not exceeding, however, the, total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between
the date of this contract and the date .)f closing or the date of possession, whichever shall be earlier, then Seller shall be liable
for the repair or replacement of such Inclusion(s) or services) with a unit of similar size, age and quality, or an equivalent
credit, less any insurance proceeds received by Purchaser =cnng such repair or replacement.
)6. TIME OP ESSENCE/REMI1r)1Ei. Time s of the essence hcrcof. It any note or check received as earnest money
hereunder or any other payment due hereunder is not paid, honored or tendered when due,or if any other obligation hereunder
it cot performed orwaived as herein provided, there shall be the following remedies;
(a) IF PURCHASER IS IN DEFAULT:
IF THE BOX IN SUBSECTION (1) IS CHECKED, SELLER'S REMEDIES SHALL BE AS SET FORTH
IN SUBSECTION (1) (SPECIFIC PERFORMANCE). 1F SAID BOX IS NOT CHECKED, SELLER'S
REMEDIES SHALL BE AS SET FORTH IN SUBSECTION (2) (LIQUIDATED DAMAGES).
p (1) Specific Performance. Sener may elect to treat this contract as cancelled, in whkh we all payments and things of
value received hcreuoder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may
be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to
specific performance ordamsgel, or both.
(2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Purchaser and
retained on behalf of Sefler and both parties shall thereafter be released from all obligations hereunder. It is agreed that
such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection (c)) are
SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract. Seller
expressly waives the remedies of specific performance and additional damages.
(b) IF SELLER IS IN DEFAULT:
Purchaser may elect to treat this contract as cancelled, in which ease all payments and things of value received
hereunder shall be returned and Purchaser may recover such damages as may be proper, or Purchaser may elect to treat
this contract as being in full fora and effect and Purchaser shall have the right to specific performance or damages, or
both.
(e) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any Utigation or
arbitration arising out of this contract, the court shall award to the prevailing parry all reasonable costs and expense,
including attorney fees.
17. EARNEST MONEY DISPUTE. lvorwithstandingany termination of this contract, Purchaser and Seller agree that, In the
event of any controversy regarding the earnest money and things of value held by broker or dosing agent, unless mutual written
instructions art received by the holder of the earnest money and thing; of value, broker or dosing agent shall not be
required to take any action but may asvait any proceeding, or at broker's or closing agent's option and sole discretion, may
interplcad all parties and deposit ar,y moneys or things of value into a court of competent jurisdiction and shall recover court
costs and reasonable attorney fees.
I& INSPECTION. Purchaser or any designee shall have the right to have inspection(s) of the physical condition of the Property
and Inclusions, at Purchaser's expense. It written notice of any unsatisfactory condition, signed by Purchaser, is not received by
Seller or Listing Company on or before JU IV 1 19 9 3 the physical condition of the Property and
Inclusions shall be deemed to be satisfactory to Purcbascr. If wrinen notice of any unsatisfactory condition, signed by
Purchaser, is given to Seller or Listing Company as set forth above in this section, and if Purchaser and Seller have not reached a
written agreement in settlement the TO( on or before July 8 .19 93 . this contract shall then
terminate, subject to sccrion 17. Purchaser is responsible and shall ply for any damage ahicb occursto the Property and
Inclusions as a result of such inspection.
19. AGENCY DISCLOSURE
The listing broker, ThomaeLA_ Melbera Real Estate Inc.
and its sales agents (Listing Company) represent Seller. The Listing
Company owes duties of bust, loyalty and confidence to Seller only. "rhile the Listing Company has a duty to
treat Purchaser honestly, the Listing Company is the Seller's agent and is acting on behalf of Seller and
not Purchaser BYeIGMNGBFI.nUt nr!tirnPRIOR TTMFLYNOTICE BY
LISTING OR SELLING COMPANY THAT LISTING COhIPA.NY IS SELLER'S AGENT.
Theselling broker, Aspen Club Properties Inc
and i0 sales agents (Selling Company) represent: (IF THE BOX IN
SUBSECTION (b) IS CHECKED, SELLING COMPANY REPRESENTS PURCHASER ONLY, ASSET
FORTH IN SUBSECTION (h), lF THE BOX 1N SUBSECTION (b) IS NOT CHECKED, SELLING
COMPANY REPRFSFNiS SELLER ONLY, AS SET FORTY IN SUBSECTION (a).)
No Lts55A 5lav RFSIDEVTIAL COVTRACTTo EL Y A SF.!.(. REAL;STATE (FlV�VCItiG SECT TOMS OWt7?ED)) PAPh ol3
McAlhut7 Pwihsnin� th Contnt. CO E0525 (GCG)iJbt(77% PrrpareC at Aspen Club Propenns, 7Jp E DAspen CO pm)
urant. 91620c0
riT d HDI^.33311'1 _3H`_HIH'S31�J} r0:rt �� htnf
(a) Seller. The Selling Company ewes duties of trust, loyalty and confidence to Seller only. While the Selling Company
has a duty to treat Purchaser honestly, the Selling Company is Seiler's agent and is acting on behalf of Seller and not
Purchaser. BY SIGNING BELOW, PURCHASER ACKINOWLEDG[S PRIOR TIMELY NO110E BY SELLING
COMPANY THAT SELLING COMPANY IS SELLER'S AGENT.
❑ (b) Purchaser. If the box is checked: The Selling Company owes duties of trust, loyalty and confidetsoe to Purchaser
only. Whae the Selling Company has a duty to treat Seller honestly, the Selling Company is acting on behalf of
Purchaser and not Seller. SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY
SELLING COMPANY THAT IT IS PURCHASER'S AGENT.
2Q ADDMONAL PROVISIONS:
See Addendum 'A' attached and made a part of this
agreement by this reference.
, .; ,
21, RECOMMENDATION OF LEGAL. COUNSEL. By signing this document, Purchaser tod Seller acknowledge .that the.
Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advioe ofabeir own legal
counsel regardiog examination of title and this contract.
22 TL•RMINATION. In the event this contract is terminated, all payments and things of value rcechcd hereunder shall be
returned and the parties shall be relieved of all obligations hereunder, subject to section 17.
No. CBSSA S/99 RESIDE1nrAL COVr� CT M BUY B S5ELL RE' ' ]TA3F (PIDLINCING S5MONS OMn'iED) Pqa d!
MWIMv Publudnp Fl Conmt,C0 80525 (UO)Uti1Jrr Prepared ; c Club rropeniaa. 73r d Durant,/upse CO (303)920.2=
d/2•d ?= H'l '3 53HgnH'531H0 SO:rT -_. _0 Hrf
sal is accepted b Seller in writing and Purchaser receives
�3/r1p'T'ICEOFACCL•PTANCC/COliNfCRPARTS. Ifthispropo p Y
notice of such acceptance on or befor: 5 Rb'T AArll 1 I9 9 3 this document shall become a contract
between Seller and Purchaset. A copy of this document may be executed by each party, separately, and when each patty hits
esoeuted a copy thereof, such topics taken together shall be deemed to be a full and complete contract between the parties.
A �
Metr�Investment, Inc. 0a1°
f�tate
Purchaser
Purchaur' "Tess ack Birch Dr
Coen CO 81611
Purchaser's Address
ITO RE COMPLETED BY SELLER AND LISTING COMPANY]
I ��r4\
1A.A ANCB/COMMISSION. Seller aeteptt the above Proposal this ..—L�da1 of ure�asa price or
19 Scher 6 shall pay to the Luting Company a commission of (9iX 190 of the gross P
n/Q as agreed upon between Seiler and Listing Company for services in this trasuactson. In the eventor
forfeiture of payments and things of value received hereunder, such payments and things of vaJtu shall be divided between
Listing Company and Seller, one•half theteof to Listing Company, but cot to exceed the commission, and the balaooe to SeUer.
Date
Seller
Data
SeU es Addmn
Seller's Address
I993
T1he undersigned Selling Company acknmvledges receipt of the earnest money deposit specified in section 3 and both Selling
Company and Listing Company confirrn the respective agency disclosure set forth in section 19.
Selling Company
McAllisterPSf RESiOCo4WLC0023 (")136�02k►is uAr,PCaCl lPfCi enn- SECnwuu.Np�aCO(Wr�241D00
H-,IA3-3 r4 I S3H)rH'S31"y-) °O:vt E6. 60 rinr
• UOW P DATE WO ET
CBS5A Contract to Buy and Real Estate
Purchaser. 'Metropolis Investments,
`ne
Selkr.
Date of eois"=
March 31
Seetlon 23. Acceptance Deadline
SPM RJ A2r_1 1
Section 9.Closing
SeRtember 15
Section 7. Llvidence of Title
Sectloo 7. Tate commitment or abstract
�1?ril 2 0
Section 7. Copies of scheduled exceptions within
days of receipt of tide
Section S. Tltk
Section 8(a). Notice of unmerchantabiliry of Title within
�1Q_ days of receipt of title
Section 8(b). Notice of unsatisfactory conditions
Anril 3 0
Section 18. Inspection
Section 18, Notice Of unsatisfactory conditions
U j
Section 18. Agreement for corrections
July 8
t-/v + N_DIA3=?i 1 iN,-, ''MC).t-T cl, iunr
ADDENDUM A
Addendum to that certain contract to buy and sell Real Estate Sellers Remedy Limited to
Liquidated Damages or Specific Performance (Section 16) dated March 31, 1993 between
Metropolis Investments, Inc., (hereinafter "Purchaser") and/or assigns, and Frank and Hazel
Loushin (hereinafter "Seller"), for the property known as 935 E. Hyman, Aspen, CO.
1.) ADDENDUM TO CONTROL: To the extent the provisions contained in the
Addendum conflict with provisions contained in the contract to which the Addendum is attached,
the provisions in the Addendum shall control.
2.) WARRANTIES SURVIVE CLOSING: The representations and warranties of Sellers
shall survive the closing of this Contract and shall not be merged into any document of
conveyance.
3.) IRS SECTION 1445: Seller warrants that he/she is not subject to withholding as defined
under Internal Revenue Code Section 1445 and will execute an Affidavit prior to closing to this
effect in a form acceptable to the title insurance company insuring this transaction.
4.) INTEREST BEARING TRUST ACCOUNT: All earnest monies are to be placed in
an interest bearing trust account with interest accrued as additional earnest money. Purchaser's
social security number is
5.) FACSIMILE: The parties hereby agree that this Contract may be offered and or accepted
by facsimile communication and that communication of facsimile signatures shall be deemed the
sarne as delivery of original signatures.
6.) REAL ESTATE TRANSFER TAXES: In Aspen, the Real Estate Transfer Tax is one-
half of one (1/21%) percent of the Purchaser Price and the Housing Real Estate Transfer Tax is
one (1%) percent of the Purchase Price in excess of One Hundred Thousand and no/100
(S100,000.00) Dollars. The Purchaser shall pay any transfer tax owed to the City of Aspen at
closing.
7.) SELLER'S WARRANTIES AND REPRESENTATIONS: Seller represents as follows:
A. Seller has no knowledge of any patent or latent defects, soil deficiencies or subsurface
anomalies existing on the Property.
B. Seller has not received any notice, written or otherwise, from an), governmental or quasi -
governmental agency requiring the correction of any condition with respect to the
Property, or any part thereof.
C. Seller is not now a party to any litigation, and Seller knows of no litigation or threatened
litigation affecting the Property, and Seller shall give to Purchaser prompt notice of the
institution of any such litigation.
D. That no assessments billed will be owing prior to closing for street paving, curbing,
sanitary sewers, storm sewers, or other municipal or governmental improvements. Seller
has no knowledge of any assessments other than homeowners assessments contemplated
by any authority having power to assess the Property.
delinquent bills for work, labor, or materials done, performed, or
furnished that would give rise to a mechanic's lien against the Property.
F. That all utility tap fees or other connections fees have been paid and the telephone, water,
sewer, electrical, cable television, and natural gas connections are in place to the Property.
0. The Property abuts a public road or there exists good and sufficient deeded access to the
Property.
Addendum A I Page Two
H. To the best of Seller's latowledge, there has been no landfill or mine tailings deposited
on or removed from the Property, no construction debris buried on the Property, no toxic
wastes or otlier hazardous materials used on the Property and there are no tonic wastes
or other hazardous materials located on the Property including, but not limited to, any
asbestos, as those materials are defined by the laws of the United States and the State of
Colorado.
I. `gone of the Property is located in regulated wet lands as that term is defined in Clean
Water Act or any regulations or definitions promulgated thereunder.
That the Property consists of a legally subdivided parcel as required by the City of
Aspen.
8.) SURVEY: Within twenty (20) days from the date on which this contract is fully
executed, the Seller, at its expense, shall cause an updated improvement survey of the Property
to be prepared by a registered land surveyor licensed in Colorado and to be furnished to the
Purchaser. The updated improvement survey shall (1) be currently dated, (2) shall show the
location on the Property of all water improvements, courses, driveways, fences, easements, roads
and rights of way (3) show that there are no encroachments on the Property and that the
Improvements do not encroach on adjoining Property and (4) contain a legal description of the
boundaries of the Property by Metes and Bounds or other appropriate legal description. In
addition to this information, the survey shall contain such information as is necessary to certify
to the Purchaser that the Property contains at least Twelve Thousand (12,000) feet.
The Surveyor shall certify to the Purchaser and the Title company insuring title to the
Property so as to cause the title company to issue survey protection that the survey was made on
the ground of the Property; that it is correct; that there are no visible discrepancies, conflicts,
encroachments, or overlapping of improvements, fences, easements, road or rights of way except
as shown on the plat; and that the survey plat is a true, correct and accurate representation of the
Property. In addition to this information, the survey shall contain such information as is
necessary to certify to the Purchaser that the Purchaser that the Property contains at least Twelve
Thousand (12,000) feet.
The Purchaser shall have fourteen (14) days after the receipt of the survey to review the
same. If in the event, Purchaser shall, for any reason, disapprove of said survey and shall
provide written notice thereof to the Seller within the time frame set forth herein, whereupon this
contract shall be null and void and all earnest money and interest earned thereon shall be
immediately returned to the Purchaser.
9.) DELETION OF PRE-PRINTED EXCEPTION$ TO TITLE (INSURANCE POLICY:
The Seller, at its cost and expense, shall cause standard exception munbers I through 4 to be
deleted or modified in a manner acceptable to Purchaser in its sole discretion, from the title
Insurance policy to be delivered to the Purchaser after closing.
10.) SPECIAL TAX DISTRICT DISCLOSURE: Special taxing districts may be subject
to general obligation indebtedness that is paid by revenues produced from annual tax levies on
the taxable property within such districts. Property owners in such districts may be placed at risk
for increased mill levies and excessive tax burdens to support the servicing of such debt where
circumstances arise resulting in the inability of such a district to discharge such indebtedness
withrnit Surl, Pn inrr,-aco� ip mill levies. Purchaser should investigate the debt financing
requirements of the authorized general obligation indebtedness of such districts, existing trill
levies of such districts servicing such indebtedness, and the potential for an increase in such troll
levies.
Addendum A / Page Three
11.) SELLER'S WITHHOLDING TAX FOR STATE OF COLORADO: Seller and
Purchaser agree and acknowledge that Colorado Revised Statute CRS 22-604.5 provides that in
the case of any conveyance of a Colorado real property interest, the person or patty providing
closing and settlement services shall be required to withhold an amount equal to Two Percent
(2%) of the sales price or the net proceeds resulting from such conveyance, whichever is less,
when the transferror is a non-resident of the State of Colorado. Seller shall be obligated to either
comply with the withholding requirements of CRS 39-22-604.5 or provide an affidavit in forts
and content satisfactory to the person or parry providing closing and settlement services which
certifies that Seller is not subject to the withholding requirements.
12.) CONDITIONS PRECEDENT: The following shall constitute conditions precedent,
(hereinafter "Conditions Precedent") to Purchaser's obligation to consummate the transaction
contemplated by the Contract. The Condition Precedents are:
A. That the Purchaser is satisfied, in its sole and absolute discretion, that the Property and
Purchaser's intended use and development thereof may be accomplished upon such terms and
conditions as are solely satisfactory and acceptable to the Purchaser. The condition with which
the Purchaser must be satisfied shall include but not be limited to ability to perform a lot split
to the Purchaser's satisfaction, historic regulations, square footage limitations, and any other
regulations imposed by the City of Aspen. Purchaser shall have until July 1, 1993 to so satisfy
itself, and if not so satisfied the Purchaser may upon written notice to the Seller given on or
before July 1, 1993 terminate this contract.
The Seller agrees to participate in and cooperate, including but not limited to the execution
of any documents deemed necessary by Purchaser or Purchaser's counsel, including but not
limited to the execution of applications and plats, in any process necessary under the laws within
the City of Aspen in order to create two (2) Six Thousand (6,000) foot lots from the subject
Property. The Seller specifically hereby consents to the submission of any application therefore
to the City of Aspen, The Purchaser agrees at its own cost, expense to immediately apply for
and prosecute any and all applications necessary to accomplish the division of the Property in the
manner contemplated herein.
In the event this Contract is terminated in accordance with the terms hereof, all earnest
monies and interest earned thereon shall be returned to the Purchaser and this Contract shall be
null and void.
13.) MISCELLANEOUS:
a) Time Periods. If any time period referred to in this Contract shall end on a
Saturday, Sunday or legal holiday, such time period shall automatically be extended to 5:00
p.m., M.S.T. on the first regular business day thereafter.
b) Counterparts. This Contract may be executed in several counterparts, and after
execution and as executed, shall constitute an Agreement binding on all of the patties, not
withstanding that all of the parties are not signatory to the original or same counterpart.
c) Further Assurances. Each of the parties agrees to execute, acknowledge and
deliver, or cause to be executed, acknowledged and delivered, such further instruments and
documents �nl - , all d:ir.as ai,d acts as the other party may reasonably require in order
to carry out the intentions of this Contract and transactions contemplated hereby.
d) Entire Agreement. This Contract contains the entire agreement between the parties
and supersedes all prior understandings, negotiations and representations, written or oral, not
contained herein. It may not be amended or modified except by an agreement in writing
signed by both parties hereto.
e) Interpretation. No provision of this Contract shall be construed against or
interpreted to the disadvantage of any parry by reason of such parry itaving, or being deemed
Addendum A / Page Four
f) Entry. The Purchaser shall have the right to enter subject Property during
reasonable hours to conduct any tests or inspections contemplated in this Contract and/or
Addendum.
14.) Controlling Laws: This Contract shall be construed in accordance with and governed
by the laws of the State of Colorado.
15.) Notice: Any notice required under the Contract shall be deemed delivered when hand
delivered to the following addresses:
If to Purchaser -
Metropolis Investments, Inc.
1180 Black Birch Drive
Aspen, CO 81611
If for Seller -
Frank and Hazel Loushin
% Thomas Melberg
100 East Main St.
Aspen, CO 81611
•
•
PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PROPERTY
HAZEL A. LOUSHIN AND FRANK B. LOUSHIN
SUBJECT PROPERTY: Block 35, Lots D, E, F, G
COLUMBINE CONDOMINIUMS Blk 31, Lots AB
Edward Murray Sullivan, Jr.
Unit
1
Box 1324
Aspen, CO 81612
Angus Anderson
Unit
2
Box 558
Aspen, CO 81612
Barbara Birch Hearst
Unit
3
131 Treasure Hill Road
South Kent, CT 06875
Frank & Annette Daly
Unit
4
Michael Daniel Productions
1555 N. Astor
Chicago, IL 60610
Michael C. Kravitz
Unit
5
6406 Brentfield Drive
Dallas, TX 75248
BLOCK 31 Lot C
John & Gale Gates
Box 9907
Aspen, CO 81612
BLOCK 31 Lots D, E, F
Raymond & Jessie Bates
819 E. Hopkins
Aspen, CO 81611
BLOCK 31 Lot I
Wayne & Judith Harris
715 W. Main
Aspen, CO 81611
CHATELET CONDOMINIUMS Blk 31, Lots K & L
Madeline Leib Trust Unit A
800 E. Hyman, A
Aspen, CO 81611
1
Colin Chapman
Unit
B
627 Rio Grande Place
Aspen, CO 81611
Candice L. Annan
Unit
C
Box 7695
Aspen, CO 81612
Joan C. Antonelli
Unit
D
3423 Q Street NW
Washington, DC 20007
George A. Smith
Unit
E
Sylvia B. Bringolf Smith
Box 7975
Aspen, CO 81612
Robert Blitz
Unit
F
Joan Antonelli
3423 Q Street NW
Washington, DC 20007
Phyllis J. Hess
Unit
G
Box 8582
Aspen, CO 81612
820 EAST HYMAN TOWNHOME
Blk 31, Lots M N
Catharine Black Peterson
Unit
A
2309 Gadd Road
Cockeysville, MD 21030
Peter J. Berman
Unit
B
Rochelle L. Berman
10021 Ormond Road
Potomac, MD 20854
822 EAST HYMAN TOWNHOME
Blk 31, Lot O & P
Mason & Brenda Simpson
Unit
B
25 Saddlebeach Road
Tequesta, FL 33469
Bruce V. Michelson Revocable Trust
Unit
A
7701 Forsyth, Suite 900
St. Louis, MO 63105-1813
BLOCK 31 Lot Q
Gregory S. Boelens
Mary Upton
Box 2360
2
Aspen, CO 81612
BLOCK 31 Lots R, S
Carlos Olivares
Monika S. De Olivares
826 Hyman
Aspen, CO 81611
BLOCK 32
Lots
A, B, C, D
Mountain House Partnership
c/o John Robert Werning
905 E. Hopkins
Aspen, Co 81611
PIONEER CONDOMINIUMS
Blk
32, Lots E & F
Jerry & Florence Leibell
Unit
1
25 Berkeley Terrace
Livingston, NJ 07039
Judith A. Eisen
Unit
2
Box 10042
Aspen, CO 81612
Susan Saltzman
Unit
3
915 E. Hopkins
Aspen, CO 81611
George John McGrath
Unit
4
Jane McGrath Jones
Box 301
Aspen, CO 81612
Kyle K. Boyd
Unit
5
Box 9949
Aspen, CO 81612
Kyle K. Boyd
Box 9949
Aspen, Co 81612
Unit
6
Martha Jane Suits
Unit
7
Box 8261
Aspen, CO 81612
Bertram C. Petersen
Unit
8
Box 4935
Aspen, CO 81612
3
GAVILON CONDOMINIUMS Blk 32, Lots G, H, I
Mountain States Communications, Inc.
Unit
1
310 E. Main Street
Aspen CO 81611
Dorothy A. Kelleher
Unit
2
Box 1
Aspen, CO 81612
Joyce K. Murray
Unit
3
Box 352
Aspen, CO 81612
Phyllis A. Kenny
Unit
4
98 Glen Dee Road, #16
Aspen, CO 81611
Sandra B. Scott Trust
Unit
5
c/o John Pitrelli
7010 Little River Turnpike
Annandale, VA 22004
Bonnie M. Schriner
Unit
6
2635 - 17th Street
Denver, CO 80211
Dan P. Steinman
Unit
7
2336 North Commonwealth #401
Chicago, IL 60614
Mary B. Polite
Unit
9
Karen L. Polite
Box 2132
Aspen, CO 81612
Trustee of Marshall Sclarow
Unit
10
N-G Aspen Condominium Trust
Box 417
Twin Lakes, CO 81251
Philip J. O'Donnell
Unit
11
4260 Central Avenue
St. Petersburg, FL 33711
Richard P. Boyd
Unit
12
Box 10984
Aspen, Co 81612
4
0 •
BLOCK 32 Lots K, L, M
Boca Chica, Inc.
Ridogal Florida Inc
3750 NW 87th Avenue, 560
Miami, FL 33178
BLOCK 32 Lot N
Michael P. Hubbard
920 E. Hyman
Aspen, CO 81611
BLOCK 32
Lot
O
Susan & Scott Rolles
Trustees of the Susan V. Rolles Trust
218 Kaivlani Avenue, 2nd Floor
Honolulu, HI 96815
ASPEN EAST CONDOMINIUMS
Blk
32, Lots P & Q
Mary Ann Robinson
Unit
1
453 Yacht Harbor Drive
Ospray, FL 34229
Charles & Jeanne Wichman
Unit
2
Box 656
Honolulu, HI 96809
Dennis P and Alice P. Cirillo
Unit
3
301 E. 73rd Street
New York, NY 10021
Keith & Victoria Carlson
Unit
4
580 E. Hyman, #4
Aspen, CO 81611
Charles W. Hood
Unit
5
980 E. Hyman, #5
Aspen, CO 81611
HYMAN AVENUE VICTORIANS
Blk 32, Lots R & S
Barbara Gameroff
Unit
1
990 E. Hyman, #1
Aspen, CO 81611
Rosaline Hopp
Unit
2
107 S. Warbler Lane
Sarasota, FL 34236
6i
Joan Marguerite Sparling Unit 3
The Joan Marguerite Sparling Trust
300 Puppy Smith Street, 205-220
Aspen, CO 81611
BLOCK 33 LOTS A-E
(East Aspen Subdivision)
Harry W. & R.D. Bass
8333 Douglas Avenue, Suite 1400
Dallas, TX 75225
BLOCK 33 LOTS F G H and Alley
(East Aspen Subdivision)
Aspen/Pitkin County Housing Authority
39551 Highway 82
Aspen, CO 81611
BLOCK 33 LOTS K, L, M
Edward & Diana Van Duesen
Box 219
Dana Point, CA 92629
BLOCK 33 1 LOTS N, O
David Muckenhirn
William Evans, Jr.
Box 8353
Aspen, CO 81612
TEN SIXTEEN EAST HYMAN CONDO Blk 33, Lots PQ
A. & S Grossblatt Trust Unit 1
630 North Crescent Drive
Beverly Hills, CA 90210
Joan Getz Unit 2
283 Catalonia
Coral Gables, FL 33134
BLOCK 34 Lot A
Mark & Christen Cooper Tache
840 Cemetery Lane
Aspen, CO 81611
SUNRISE CONDOMINIUMS Blk 34, Lots BCD
Peter Hershorn Unit 1
555 E. Durant
0
0 0
Aspen, CO 81611
Penny White
Unit
2
1007 E. Hyman, #2
Aspen, CO 81611
W.R. & Helen Newell
Unit
3
203 South Galena Street
Aspen, CO 81611
The Northern Trust Co.
Unit
4
Carolyn & George Victor
50 South LaSalle Street
Chicago, IL 60675
Paul F. Ahern
Unit
5
23501 Park Sorrento, Suite 103
Calabasas, CA 91302
Richard & Allison Meeker
Unit
6
0752 Meadowood Drive
Aspen, CO 81611
Joelle McDonough
Unit
7
1007 E. Hyman
Aspen, CO 81611
Geraldine Heyman
Unit
8
1007 E. Hyman
Aspen, CO 81611
VICENTI CONDOMINIUMS
Blk 34, Lots EFG
Jon Jacoby
Unit
1
Box 3507
Little Rock, AR 72203
Kathy Fleck
Unit
2
Lisa Fleck
Drawer V
Sarasota, FL 34230
Stephen & Patricia Brewster Kanipe
Unit
3
1015 E. Hyman, Suite 3
Aspen, CO 81611
Michael R. Pack
Unit
4
5005 Tesxas Street, Suite 305
San Diego, CA 92108
Julie Peters
Unit
5
Box 1643
7
Aspen, CO 81611
BLOCK 34 Lots H, I
C.M. Clark
Box 986
Kalisell, MT 59903
BLOCK 34 Lot K
Joyce Murray
Box 352
Aspen, CO 81612
BLOCK 34 Lots L, M
Cecelia Jane Frew Rigsby
Box 2175
Aspen, CO 81612
COOPER AVENUE VICTORIAN Blk 34, Lots MNO
Marny Nedlin
Unit
1
80 Central Park West, Suite 21 D
NY, NY 10023
Anthony Podell
Unit
2
1930 East 65th Street
Los Angeles, CA 90001
Marny Nedlin
Unit
3
80 Central Park West, Suite 21 D
NY, NY 10023
Podell Industries
Unit
4 & Unit 5
1930 East 65th Street
Los Angeles, CA 90001
BLOCK 34 Lots O, P
Susan Lum
Box 1571
Aspen, CO 81612
RIVERSIDE CONDOMINIUMS Blk 34 Lots QRS
Dorothy Wildman Unit 1
132 E. Delaware Place, 6105
Chicago, IL 60611
Larry Saliterman Unit 2
Robert Levine
2240 Lee Avenue North
Minneapolis, MN 55422
Art Realty Unit 3
c/o Mark Tye
Box 8992
Aspen, CO 81612
Robert Mlakar Unit 4
Douglas Arnold
30050 Chagrin Blvd, 380
Cleveland, OH 44124
Michael Szeto Unit 5
Dave Thomas
18 Minuteman Hill
Westport, CT 06880
Paul Hamwi
Unit
6
Box 350
Aspen, CO 81612
John Campbell
Unit
7
3250 Ransom
Long Beach, CA 90804
Kentco Limited Partnership
Unit
8
One Northfield Plaza
Northfield, IL 60093
June Horwitz, Trustee
Unit
9
1290 Pembroke Lane
Topeka, KS 66004
William & Claudia Coleman
Unit
10
278 Alta Vista Ave.
Los Altos, CA 94022
CHATEAU BLANC 2737 182 31 Blk 35 ABC
John J. Cady Unit 1
8121 Killarney Court
Wichita, KS 67206
Cosbay Realty Co. Unit 2
15 - 10 C - 130th Street
College Point, NY 11356
Robert & Elizabeth Sherman Unit 3
1025 Mistwood Lane
Downers Grove, IL 60515
9
•
Archie M. & Ella C. Frame Unit 4
Charles I. Skipsey, Jr.
17 Hidden Valley
Cleveland, OH 44116
Marion S. Roberts Unit 5
Tania Roberts
1004 Mopac Circle, Suite 21
Austin, TX 78746
Carlos Braniff Unit 6
Reha Braniff
Bosque De Ombue, 135
Basque De Las Lomas
MEXICO D.F., MEXICO
Richard & Suzanne Paul Unit 7
1210 Inverness Avenue
Pittsburg, PA 15217
Esther Kartiganer Unit 8
333 East 53rd Street
New York, NY 10022
Ronald Rushneck, Jr. Unit 9
Gary & Susan Rushneck
480 South Boardway
Tarrytown, NY 10591
Carlos & Amalia Abel Unit 10
523 Cragmont Avenue
Berkeley,. CA 94708
Magner Children's Minor's Trust Unit 11
c/o T. Gerald Magner, Jr. Trustee
73 Indian Hills Rd.
Winnetka, IL 60093
James L. & Ruth Sherman Unit 12
James R. Laughlin
4032 Linden Avenue
Western Springs, IL 60558
Friederike Stenger Unit 13
Walter Stenger
117 Center Point Drive
Suite 300
Nepean, Ontario
CANADA
Philip M. & Liliana M. Cohen Unit 14
35 Shaker Ridge Drive
10
C�
C
Canaan, NY 12029
John & Sandra Finnegan
84 Rilling Ridge
New Canaan, CT 06840
BLOCK 35
Frank & Hazel Loushin (SUBJECT PROPERTY)
Box 582
Aspen, CO 81612
BLOCK 35
Charles D. Tower
Box 3014
Aspen, CO 81612
BLOCK 35
Helda Enterprises L.P.
3535 E. Coast Highway, #130
Corona Del Mar, CA 92625
BLOCK 35
Steven & Susan Phillips
David & Leticia Gordon
5300 Woodlawn
Des Moines, IA 50312
PETITE ROCHE
Chadvale Realty, Inc.
1209 Orange Street
Wilmington, DE 19801
Melvin Boyer
Box 295
Keego Harbor, MI 48320
BLOCK 35
Ronald C. Kanan
Box 649
Aspen, CO 81612
BLOCK 37
Jennie H. Cowling
c/o Richard E. Cowling, Jr.
118 Deer Trail
11
Unit 15
Lots D, E, F, G
Lots H & I
Lots K & L
Lots M N O P
Blk 35, Lots QR
Unit 1
Unit 2
Lot S
Lot A
Boulder, CO 80302
VILLAGER TOWNHOUSE Blk 37, Lots BCDE
Don D. Crawford Unit 1
Jack B. Crawford
3401 East Ocean Blvd.
Long Beach, CA 90803
Don Crawford
Unit 2
3401 E. Ocean Blvd.
Long Beach, CA 90803
Melvyn & Mildred Anhalt
Unit 3
11 Williamsburg Lane
Houston, TX 77024
Steven & Kathleen Neal
Unit4
Jean & Bill Deem
Box 634
Aspen, CO 81612
Mark Tye
Unit 5
Raymond Tey
Box 8992
Aspen, CO 81612
John & Christine Chambers
Unit 6
Frank & Karen Chambers
965 W. Milham
Kalamzoo, MI 49002
Fred Venrick
Unit 7
1746 N. Larrabee
Chicago, IL 60614
John Humphrey
Unit 8
Box 3725
Aspen, CO 81612
BLOCK 37 Lot F
John J & Jane T. Strandberg
2510 Grande Avenue, 2403
Ransan City, MO 64108
CHATEAU ROARING FORK CONDOMINIUMS Blk 37,
Lots GHIPQRS
Canuto, Inc. Unit 31-B
533 E. Hopkins
12
PJ
Aspen, CO 81611
Lawrence Dutton
Elizabeth Lim -Dutton
60 W. 76th Street, 5E
New York, NY 10023
Univest Corp.
500 Fifth Avenue, Suite 935
New York, NY 10110
831 701 Ontario Limited
22 Standish Avenue
Toronto, Ontario
DANADA M4W 3BI
W. Baker McAdams
Penelope E. McAdams
711 Louisiana, Suite 700
Houston, TX 77002
James & Mary Appel
40 Springfield Court
St. Louis, MO 63122
Lee & Nancy Teng
400 East 8th Street
Hinsdale, IL 60521
Gwen L. Gregory
410 Lexington Drive
Lake Forst, IL 60034
Michael & Joan Wilk
202 - 75th Street
Kenosha, WI 53140
Marie P. John
Box 4152
Aspen, CO 81612
Geraldine Zuckerman
3131 E. Alameda, Apt. 706
Denver, CO 80209
James & Betteanne Barash
50 W. Cheyenne Mountain Blvd.
Colorado Springs, CO 80906
Neligh Coates, Jr.
720 E. Hyman
Aspen, CO 81611
13
Unit 32-B
Unit 33-B
Unit 34-B
Unit 35-B
Unit 36-B
Unit 37-B
Unit 38-B
Unit 39-B
Unit 40-B
Unit 41-B
Unit 42-B
Units 43-C, 43-B, 43-A
Chateau Development Co. Unit 43-B (also)
William Wallen, III
899 Skokie
Northbrook, IL 60062
LITTLE JEWEL Blk 37, Lots LM
Healthcare for Women
Unit 1
250 San Jose
Salina, CA 93901
Paul Anderson
Unit 2 & 3
1004 East Durant #3
Aspen, CO 81611
UTE CONDOMINIUMES
Block 37, Lots MNOP
Jonathan Anderson
102 Ute
Box 2836
Aspen, CO 81612
William & Catherine Foreman
103 Ute
7211 West Cypress Head Drive
Parkland, FL 33067
Michael Wall
201 Ute
Box 8624
Aspen, CO 81612
Alice Curtis
202 Ute
Linda Sonderman
c/o Kurt Curtis
117-03 Curzon Rd.
Kew Gardens, NY 11418
James Lawrence
203
Ute
Carol Satrapa
Box 1501
Akron, OH 44309
Charles Karasik
204
Ute
Box 1818
Aspen, CO 81612
Aleksander Fuer
301
Ute
Nona Fuer
Box 876
Aspen, CO 81612
Mary Handelin
302
Ute
16299 Pearson
14
Fort Bragg CA 95437
Richard Reynolds
303
Ute
1020 E. Durant, Suite 303
Aspen, CO 81611
801 & 807 Hyman Subdivision Exemption
Blk
111, Lots A-D
John A. Elmore
Lot
1
Box 381
Wrightsville, NC 28480
Stephen A. Living Trust
Lot
2
12830 W. Sunset Blvd.
Los Angeles, CA 90049-3724
MOUNTAIN VIEW STUDIOS
Block 111, Lots E, F
Patty K. Landers
Unit
1
Box 1479
Jackson, WY 83001
Patricia M. Seifert
Unit
2
Box 2262
Aspen, CO 81612
Ted Koutsoubos
Unit
3
819 E. Hyman
Aspen, Co 81611
John R. Vavrek
Unit
4
819 E. Hyman, 4
Aspen, CO 81611
Gerald & Annette Krans
Unit
5 & Unit 6
Fourth Financial Mortgage Co.
Box 1069
Wichita, KS 67201
Dasha Belkova
Unit
7
650 N. Rio Vista Blvd.
Ft. Lauderdale, FL 33301
Penelope R.M. Somple
Unit
8
3035 Calla Drive
Santa Cruz, CA 95062
HY-WEST CONDOMINIUMS
Block 111, Lots a H I
Christopher T. Hoke
Unit
A
5721 N. Country Club Terrace
Edmond, OK 73034
15
Galen & Mary Lou Marten Unit B
5001 Hopewell Rd.
Louisville, KY 40299
Adrian C. Dorworth Unit C
Box 2694
Aspen, Co 81612
Micheala Game Unit D
Box 3835
Aspen, CO 81612
Robin Michael Molny Unit E
835 E. Hyman, E
Aspen, CO 81611
Michael Victor Goldman Unit F
Gloria Anna Goldman
1603 West Ina Rd.
Tucson, Ax 85704
Harriet & Herbert Davis Unit G
1050 George St., 9M
New Brunswich, NJ 08901
Armond & Susan Chaput Unit H
3426 Westcliff Road South
Fort Worth, TX 76109
Walter & Kathleen Smith Unit I
6527 Lange Circle
Dallas, TX 75214
Judith A. Taylor Unit J
533 E. Hopkins, B
Aspen, Co 81611
S.J. & Barbara Glauser Unit K
c/o M. Herron
Garfield & Hecht
230 Halmor Drive
Sarasota, FL 34247
E. Sawyer Smith, Jr. Unit L
835 E. Hyman Apt. L
Aspen, CO 81611
ORIGINAL STREET CONDOS Blk 111, K & L
Ajae Limited Partnership Unit 1
1501 N. Peirce, Suite 112
Little Rock, AR 72207
16
0 •
Gregory Sherwin
Unit 2
1020 E. Hopkins, *26
Aspen, Co 81611
Miki
Unit 3
980 Cemetery Lane
Aspen, CO 81611
Greg Sherwin
Unit 4
1028 E. Hopkins, #26
Aspen, CO 81611
BLOCK 111
M, N, O
GREYSTONE CONDOMINIUMS
312009 Ontario Limited
Unit
810 Cooper Avenue Greystone
180 Steeles Avenue W, Suite
206
Thornhill, Ontario
CANADA L4J 2LI
Landawn Shopping Centers
Unit
812 Cooper Avenue Greystone
c/o 11 Polson Street
Toronto, Ontario
CANADA M5A 1A4
Harlan Dopkin
Unit
818 Cooper Avenue Graystone
Box 4696
Aspen, CO 81612
BLOCK Ill Lot P
Weston & Susan Anson
Box 8472
La Jolla, CA 92038
BLOCK ill Lot Q
Jeffrey D. Swartz
3476 Glen Erin Drive
Mississauga, Ontario
CANADA L5L 3R4
BLOCK Ill Lot R, S
Aspen Skiing Corporation
Box 1248
Aspen, CO 81612
SILVER BELL CONDOMINIUMS Blk 112 Lots ABC
John Correia Unit 1
17
6730 East Northwest Highway
Dallas, TX 75231
Gary Schubiner
Unit
2
1600 Maddy Lane
Keego Harbor, MI 48320
Riggs & Yvonne Klika
Unit
3
32415 Burlwood Drive
Solon, OH 44139
James & Julia Price
Unit
4
32670 Woodsdale Lane
Solon, OH 44139
Herron -Gray Partnership
Unit
5
Box GG
Aspen, CO 81612
Harold & Edith Horiuchi
Unit
6
6205 W. Jefferson Avenue
Denver, CO 80235
Nicholas & Bette Pasquarella
Unit
7
805 E. Cooper
Aspen, CO 81611
Frederick Marshall Karsten
Unit
8
Douglas Hill
5305 Wriley Rd.
Bethesda, MD 20816
Joseph & Anna Marie Carrillo
Unit
9
236 Henry Street
Brooklyn Heights, NY 12201
William & Martha McLaughlin
Unit
10
Box 45088
Dallas, TX 75260
Alan & Karen Berkowitz Unit 11
Box 35
Brooklandville, MD 21022
Laurence G. Wolf Unit 12
22740 Woodward Avenue 204
Detroit, MI 48220
MITTENDORF CONDOMINIUMS Blk 112, Lots KLM
18
G & G Properties, Inc.
Unit
1
Jerry Sprackman
11 Polson Street
Toronto Ohtario
CANADA M4A 1A4
Joseph D. & Leslie T. Waters
Unit
2
4123 Briargrove Lane
Dallas, TX 75287
William Chaiken
Unit
3
7328 East Princeton
Denver, CO 80237
Davis Ammons
Unit
4
14642 East Cherry Creek Road
Larkspur, CO 80118
Thomas J. Vetri
Unit
5 & 10
26 Lashley Estates
Belleville, IL 62221
Terry Liming
Unit
6
315 S. Galena
Aspen, CO 81611
Thomas Gary & Carol Lee Tadvick
Unit
7
2354 North 7th
Grand Junction, CO 81501
Brice & Catherine Tondre
Unit
8
S-200, 4465 Kipling St.
Wheatridge, CO 80033
Thomas P. Satkunas
Unit
9
0096 Hopi
Carbondale, CO 81623
UNIT 10 SEE ABOVE
BLOCK 112 Lots M, N, O, P, Q, R, 8
Howard Bass
Box 5078
Aspen, CO 81612
BLOCK 118 Lots A B
Glen Eugene Law Cooper Street Apts.
Box 2537 Units 1 through 5
Aspen, CO 81612
19
BLOCK 118 Lots C, D, 8, F, a
Savanah Limited Partnership
c/o Joe Imbriani
600 E. Cooper, Suite 200
Aspen, CO 81611
BLOCK 118 Lots H, I
Art Realty
c/o Mark Tye
Box 8992
Aspen, CO 81612
OLD HUNDRED CONDOMINIUMS
Blk
118, Lots KLMNO
Edwin & Irene Weinrot
Unit
A-101
Box 48128
Los Angeles, CA 90048-0128
David Meltzer
Unit
A-102
36 South State Street
Chicago, IL 60603
Kenneth & Susan Quintenz
Unit
B-103
91 North Stanbery
Columbus, OH 43209
Indianhead Farms, Inc.
Unit
B-104
Box 623
Mason City, IA 50402
Sharon E. Meagher
Unit
B-105
Box 2187
Aspen, CO 81612
Robert & Carol Kozlow
Unit
B-106
6764 Knollwood Circle West
Wset Bloomfield, MI 48322
Olof & Carolyn Hedstrom
Unit
C-107
Box 4815
Aspen, CO 81612
Alan Kirby
Unit
C-108
Annette Kirby
646 Duchess Ct.
Toms River, MH 08753
Marvin & Sylvia Gordon
Unit
C-109
25862 Hersheyvale
P401
Franklin, MI 48025
Billy & Hanalore Smart Unit C-110
c/o Coates
720 E. Hyman
Aspen, CO 81611
Joseph Myers Unit D-111
265 Brighton Road NE
Atlanta, GA 30309
Robert A. Kotick Unit D-112
11440 San Vicente, #300
Los Angeles, CA 90049
Lynne Stacker Unit E-113
694 Maple Park Drive
St. Paul, MN 55118
H. Christopher Brumder Unit E-114
c/o Foley & Lardner
777 E. Wisconsin
Milwaukee, WI 53202
William Morse Unit E-115
Eudice Morse
14851 County Line Rd.
Chagrin Falls, OH 44022
Kelly & Kathryn Jones Unit E-116
2106 Parkway
Austin, TX 78703
BLOCK 118 Lots P, Q, R, S
Omega Hotel Group
926 East Durant
Aspen, CO 81611
EAST HOPKINS CONDOMINIUMS
James Stoppert Unit 1-N
Terry Minnick
44 Wintercherry Lane
Northampton, MA 01060
Michael & Theresa Knode Unit 1-S
Rt. 1, 3493 "E" Road
Palisade, CO 81526
Joseph Ricchivti Unit 2-N
558 North 23rd Street
21
•
Philadelphia, PA 19130
Denise Rotko
Box 369
Unionville, PA 19375
Philip Shiekman
12 South 12th Street
22nd Floor, PSFS Building
Philadelphia, PA 19107
Nicholas & Patricia Groos
43 Union Park
Boston, MA 02118
BLOCK 25
Rae O. Marasco
532 26 1/2 Road
Grand Junction, CO 81501
BLOCK 25
Robert L. Card
Box 30036
Grand Junction, CO 81503
22
Unit 2-S
Unit 3-N
Unit 3-S
Lots L, M, N
Lots M, N, O
NOTICE According to Colorado law you must commence any legal action based
)Pon any defect ,n this survey within three years after you first discover such defect.
n no event may an, aeon„ haao.r
Aline Survevs_ Ine-
A 1H 7 M A N
r— — - -- --rry{--y-)1/? WIRE FENCE
FOUND: x x— x— x
REBAR WI PLAS. CAP I 7
d 7 S 7°�° 09' 11 "E 120.00
FOUND:
REBAR NO CAP
WIRE x FENCE _ z
ROCK WALL
1�t
3
7
2.4
i
O
c
N
—CONC. WALL
19.2 YJ
I-0 TYP. OH
M 0
N
N ONE
HEDRY a
/ I
N 750 09' 11" W
Sun,4 Lo+ split
Y
J
Q
U
0
O
U
propostA *
1�
NC. WALK 97
12-0.00
_24�_ _71T TE
x x x
ONE STORY n
/ HOUSE
f— 1.5' TYP OH
/ 5�1
v
A 1L IL ]E Y o IB 1L ® cC K e 3 5 e IE A T
G.�
243'*
M
SET:
REBAR Wit PLAS. CAP
LS 24303
SET
REBAR Wif PLAS. CAP
LS 24303
NOR{H
0 5 10 20 30 40 50
SCALE: 1" = 10'
BASIS OF BEARING: FOUND MONUMENTS AS SHOWN
Y E 11 O R'S C E RT L.JL I CAT
I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS
A SURVEY MADE UNDER MY SUPERVISION ON MARCH 31,1993
OF LOTS D-G, BLOCK 35 E.A.AT., CITY OF ASPEN,COLORADO.
THE ONE STORY HOUSE WAS FOUND TO BE LOCATED ENTIRELY
WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED
PROPERTY. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS,
IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR
KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES
ARE ACCURATELY SHOWN. SEE PITKIN COUNTY TITLE, INC.
CASE No. PCT-7548 FOR MATTERS CONCERNING THIS PROPERTY.
ALPINE SURVEYS, INC.
APRIL7, 1993
AY:
LS
ApplildAwt: AeftfO I is
2nuCSFireM s InIc,
ftFftMM'bMUt: Doii.5 �iS "C'
q.1 S- 4.6 2 7
more than ten years from the date of the certification Shown hereon.
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Drafted 7 A PR I L 1993
ritie
LOTS ID e G
BLOCK 35 IE A AT
(CHT Y OF ASPEN
Job No 93 - 20
Client L O U S HI N