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CASELOAD SUMMARY SHEET
City of Aspen
"~m'\\l\qg~ STAFF: Colel!e f1:/J/1U
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3. REPRESENTATIVE: F;t-r-hu h \, I :it- m:.
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4. PROJECT NAHE: .' ~[)f(\ ---rhUlY\b,-bw,ldi J - S(..lbd. "LxeJfl
5. LOCATION: 1-D-j S i< a.\lct h J (HI d '1vle I'Vtwffl }J..I fee-!- o~
"the wert- . I~ -ted- ~ )..nt--1rl J ~\~tk ?K) f\.s~
6. TYPE OF APPLICATION:
2. APPLICANT:
4 Step:
GMP (
PUD (
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Subdivision
2 Step: t/Subdivision Exception (CondC\il'u..n\!cc.:L&..J )
~GMP Exception (7~\'i\~. \J(' S,,"i)\ \)I&~(LIUI1~ 1
Rezoning )
SPA
1 Step:
Use Determination
Conditi ona 1 Use
Specia 1 Review (
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HPC
Other:
7. REFERRALS:
Attorney
~Engineering Dept.
_Housing
_Water
_City Electric
_Sanitation District
_Mountain Bell
_Parks
_Holy Cross Electric
Fire Marshal/Building Dept.
_School District
_Rocky Mtn. Nat. Gas
_State Highway Dept.
Other
8. REVIEW REQUIREMENTS:
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9. DISPOSITION:
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 928-1216
June 18, 1982
Gary S. Esary
Assistant City Attorney
(Hand delivered)
Re: 'Ibm Thumb
Dear Gary:
Enclosed are original Declaration signed by Mr. Bagley, plus
original Staterrent of Exception, together with check to Pitkin County
Clerk for $12.00 recording fees.
Would you have the original recorded versions returned to me at
11 7 South Spring Str~ Thanks.
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Yours very truly,
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Fitzhugh Scott III
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HArd) DBLIVERED
June 4, 19l12
Pitzhugh Scott III, Esq.
117 South Spring Street
Aspen, Colorado u1611
ke: l'om 'l'humb Building
DearJ.'am:
Enclosed herewith are the originals of the Declaration of
Covenants and Sti':ltement of Exception documents for the 'rom 'l'humb
Building.
Please have tile Declaration executed and then return octh
original documents to me, along with a check for $12.00 to cover
recording costs payable to tIle Pitkin County Clerk and Recorder.
Thank you for your cooperation in this matter.
Very truly yours,
Gary S. Esary
Assistant City Attorney
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PEN
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MEMORANDUM
DATE:
April 12, 1982
1'0:
Colette Penne
Gary Esar~
FROM:
RE:
Tom Thumb Condos
Attached are copies of the Statement of Exception and
Declaration of Restrictions submitted for execution in
the above-referenced matter. They look o.k. to me.
Please review them and return them to me with your com-
ments at your earliest convenience.
Thanks.
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MEMOHANDUM
DATE: April 12, 1982
TO: Colette Penne
r'ROM: Gary Esary
RE: 'folll Th umb Condos
Attached are copies of the Statement of Exception and
Declaration of Restrictions submitted for execution in
the above-referenced matter. They look o.k. to me.
Please review them and return them to me with your com-
ments at your earliest convenience.
'l'hanks.
GSE:mc
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MEMORANDUM
RE:
Aspen City Council
Colette Penne, Planning Office
Condominiumization of the Tom Thumb Building (Mill Street and Hyman Avenue)
and Exemption from GMP for the three Employee Units ,-
Feburary 8, 1982 APPROVED AS TO FORM: If)/<,,'..<,<,
TO:
FROM:
Location:
/
Lots K and L, and the North 14 feet of
Lot M, Block 88, City of Aspen, County
Colorado (the corner of Mill Street an
of
of
DATE:
Zoning:
Applicant's
Request:
CC
Subdivision exception for the purposes of condominiumization
for the Tom Thumb Building Commercial Condomi,niums and
exemption from the Growth Management Plan for the three
employee units.
Referral
Agency Comments:
Engineering Department
"Having reviewed the above application, and made a site
inspection, the Engineering Department has the following
comments:
Prior to recordation, the plat should be amended to include
the fo 11 owi ng:
1. The surveyor's signature and seal.
2. Owner's signature.
3. Description of survey monuments set.
4. Designate the open area adjacent to the alley as a
common trash/utility area.
5. The schematic floor plans should designate all limited
and common elements. The plat as submitted fails to
explain the status of several storage and mechanical
rooms.
Planning Office
Review:
The three units that the applicant wishes to deed restrict
to employee housing are newly-constructed and therefore
present no reduction tn the supply of low and moderate
income housing. Six-month minimum leases must be imposed
with no more than two shorter tenancies per year.
The recently-adopted housing price guidelines set unit
sizes within the following parameters:
Studio: 300-600 sq. ft.
l-Bedroom: 500-800 sq. ft.
This application is for three GMP-exempted employee units
of the following sizes:
Apartment 1 (l-Bedroom) = 539.02 sq. ft.
Apartment 2 (Studi 0) = 399.22 sq. ft.
Apartment 3 (l-Bedroom) = 636.33 sq. ft.
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and Exemption from GMP for
Memo: Condominiumization of the Tom Thumb Building
the three Employee Units
Page Two
February 8, 1982
The requested rental category is "middle," which the appli-
cant justifies by construction costs of $240/sq. ft.
Jim Hamilton of the County Housing Office, who is acting in
an advisory capacity in the absence of a City Housing
Director, recommends that the two smaller units (Apt. 1 and
Apt. 2) should be rented in the "low" income category and
the large unit (Apt. 3) in the "moderate" category. Another
point he raised, which we feel bears considerable merit, is
that if the employee units are individually metered, the
utilities are added above the rental prices. However, if
there are not meters provided for the apartments, the utility
costs must be absorbed by the landlord. Don Ball of Jacobs/
Ball Architects verified that each apartment is individually
metered.
Planning Office
Recommendation:
The Planning Office recommends subdivision exception for
the purposes of condominiumization and GMP exemption for
the three employee 4nitsJ~utlined with the rental and sale
prices set at lu;:~~~s for Units 1 and 2 and
moderate income level for Unit 3. The following conditions
should be attached to these approvals:
1. Six-month minimum leases with no more than two
shorter tenancies per year.
/ Utili,ties being paid by the tenants if the units are
individually metered and by the landlord if individual
meters are not provided.
Z'
lr. The five conditions for plat amendment outlined in the
Engineering Department memo.
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN, COLORADO 81611
TEl.EPHONE (303) 925.1216
January 26, 1982
Aspen City Council
130 South Galena
Aspen, Colorado 81611
Re: Exemption application - Tom Thumb
Building Commercial Condominiums
Dear City Council Members:
This letter is to supplement the matters already
in your file with regards to the exemption application in
connection with the condominiumization of the Tom Thumb
Building.
As you know, the Aspen Planning & Zoning Commission
recommended approval of the subdivision exception for
the purposes of the condominiumization and the GMP exemption
for the three employee units with rental prices set at low
income for units 1 and 2 and moderate for unit 3, and a
waiver of provision for parking requirements for the units
due to their location in a CC zone. This recommendation
was subject to the other conditions having to do with
lease restrictions and compliance with the Engineering
Department's five conditions for inclusion on the proposed
condominium map, all of which the applicant was already
in the process of satisfying.
Despite applicant's appreciation of approval, it
was a little disappointed that the Commission was
apparently unwilling even to consider the possibility of
classifying the apartments in the middle income category,
the majority thereof stating that as far as they were
concerned no employee units within any project in Aspen
deserved to be classified as anything other than "low" income
category. Further, the Planning Office was unable to provide
the Commission with any basis in fact for its recommendation
,-
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Aspen City Council
January 26, 1982
Page 2
that the two smaller units be classified low and the
large unit be classified in the moderate category,
other than a reference to Colette Penne's discussion with
Jim Hamilton ~ that he has in his office some study or
inventory indicating which units the County Housing Office
feels are needed in Aspen.
The applicant was a little concerned that (al the
Commission was unwilling to even consider the possibility
that these units might qualify for moderate and/or middle
income category, as the law specifically specifies for the
obvious reason that the city would benefit by way of being
able to obtain a wider range of size and/or type of units
within the city as compared to forcing the construction of
only one type of employee unit in Aspen and (bl that the
action taken by the Commission was apparently without
factual basis.
The only other reason stated by some members of the
Commission as a basis for low income classification was
that the project did not provide for any parking spaces
for the residential units. To this the applicant would
add that this project was approved as a commercial GMP
project several years ago with the three units included
therein and without any reference to parking space
obligations or the like.
All in all, the Commission in this one limited respect
seemed to the applicant to be slightly whimsical and some-
what in abuse of the legal process inasmuch as the law
clearly provides for other considerations being countenanced,
as the applicant originally requested.
With the foregoing thoughts in mind, the applicant
would, once again, respectfully request Council to
reconsider the classification question and approve the
application with at least a classification of moderate for
all of the units, considering the various features of the
project, which are mentioned in the applicant's December 3,
1981 letter to the Planning Office, an extra copy of which
is attached hereto.
Yours very truly,
~
Fitzhugh Scott III
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Condominiumization of the Tom Thumb Building (Mill Street and Hyman
Avenue) and Exemption from GMP for the three Employee Units
DATE: January 19, 1982
Location:
Lots K and L, and the North 14 feet of the West 12 feet of
Lot M, Block 88, City of Aspen, County of Pitkin, State of
Colorado (the corner of Mill Street and Hyman Avenue).
Zoning:
Applicant's
Request:
CC
Subdivision exception for the purposes of condominiumization
for the Tom Thumb Building Commercial Condominiums and
exemption from the Growth Management Plan for the three
employee units and exemption from the provision of parking
spaces for the units.
Referral
Agency
Comments:
Engineering Department
"Having reviewed the above application, and made a site
inspection, the Engineering Department has the following
comments:
Prior to recordation, the plat should be amended to include
the fo 11 owi ng:
1. The surveyor's signature and seal.
2. Owner's signature.
3. Description of survey monuments set.
4. Designate the open area adjacent to the alley as a
common trash/utility area.
5. The schematic floor plans should designate all limited
and common elements. The plat as submitted fails to
explain the status of several storage and mechanical
rooms.
Exemption of the employee units from parking requirements
is subject to review. This structure is yet another
example of the faulty assumption that employees housed
in the commercial core will not own cars."
Planning Office
Review: The three units that the applicant wishes to deed restrict
to employee housing are newly-constructed and therefore
present no reduction in the supply of low and moderate
income housing. Six-month minimum leases must be imposed
with no more than two shorter tenancies per year.
The recently-adopted housing price guidelines set unit
sizes within the following parameters:
Studio: 300-600 sq. ft.
l-Bedroom: 500-800 sq. ft.
This application is for three GMP-exempted employee units
of the following sizes:
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Memo: Condominiumization of the Tom Thumb Building and Exemption from
GMP for the three Employee Units
Page Two
January 19, 1982
Apartment (l-Bedroom) = 539.02 sq. ft.
Apartment 2 (Studio) = 399.22 sq. ft.
Apartment 3 (l-Bedroom) = 636.33 sq. ft.
The requested rental category is "mi ddle," whi ch the app 1 i-
cant justifies by construction costs of $240/sq. ft.
Jim Hamilton of the County Housing Office, who is acting in
an advisory capacity in the absence of a City Housing
Director, recommends that the two smaller units (Apt. 1 and
Apt. 2) should be rented in the "low" income category and
the 1 arge unit (Apt. 3) in the "moderate" category. Another
point he raised, which we feel bears considerable merit, is
that if the employee units are individually metered, the
utilities are added above the rental prices. However, if
there are not meters provided for the a~artments, the utility
costs must be absorbed by the landlord. Don Ball of Jacobs/
Ball Architects thought each apartment was individually
metered.
In the CC zone, parking spaces for residential uses are
subject to special review by the Planning and Zoning
Commission. In this case, the Planning Office would
recommend that those requirements (3 spaces) be waived.
However, we recognize that there is an increasing amount of
housing being built In the Commercial Core and an accompany-
ing increase in parking problems. With the proposed parking
garage on the Rio Grande property, it would possibly be
timely to consider requIrIng the number of spaces equal
to the number of bedrooms in the proposed units.
PlannIng Office
Recommendation:
The Planning Office recommends subdivision exception for
the purposes of condominiumization and GMP exemptio~for
the three employee units outlined with the rentalWprices
set at low-income levels for Units 1 and 2 and moderate
income level for Unit 3, and a waiver of provision of
parkIng requirements for the employee units due to their
location in the CC zone. The following conditions should
be attached to these approvals:
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1. SIx-month minimum leases with no more than two
shorter tenancies per year.
2. UtUities being paid by the tenants i.f the units are
individually metered and by the landlord if individual
meters are not provIded.
3. The five conditions for plat amendment outlined in the
Engineering Department memo.
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MEMORANDUM
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, ASPEN I PI;;\fN C:O-
" f'lArJNING OfFICE
TO:
FROH:
Collette Penne, Planning Office ~
Jay Hammond, Assistant City Engineer ~
DATE: January 13, 1982
RE: Tom Thumb Subdivision Exception, Lots K and L, Block 88, O.A.T.
--------------------------------------------------------------------------
Having reviewed the above application, and made a site inspection, the
Engineering Department has the following comments:
Prior to recordation, the plat should be amended to include the following:
1. The surveyor's signature and seal.
2. Owner's signature.
3. Description of survey monuments set.
4. Designate the open area adjacent to the alley as a common trash/
utility area.
5. The schematic floor plans should designate all limited and common
elements. The plat as submitted fails to explain the status of several storage
and mechanical rooms.
Exemption of the employee units from parking requirements is subject to review.
This structure is yet another example of the faulty assumption that employees
housed in the commercial core will not own cars.
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Aspen/Pitkin Planning Office
130 south galena street
aspen, colorado 81611
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MEMORANDUM
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TO:
Engineering Depart~ent
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FROH: Colette Penne, Planning Office
RE: Tom Thumb Subdivision Exception (Condominiumization) and Exemption from
GMP for Employee Units
DATE: January 12, 1982
Attached is an application for condominiumization of the Tom Thumb Building
(both residential and commercial units) located at Block 88, Lots K and Land
the north 14 feet of thewes t 12 feet of Lot M, (Ni 11 Street and Hyman Avenue),
Aspen. This item is also an exemption from Growth Management for the three
employee units.
Tam Scott, as the representative of Mountain Enterpri ses, has been deal i ng
with the Planning Offi.ce at length on this application. If it would be
possible to review this application by Wednesday afternoon and send comments,
we could move it forward to the January 19th P & Z Commission meeting. We
realize this does not give anywhere near the normal amount of time we generally
allow. Please let us know if this could be accomplished.
Thank youl
U-"lIFE TITLE INSURANCE Company of Dallas
Owner Policy
of Title
Insurance
POLICY OF TITLE INSURANCE issued by USLlFE Title Insurance Company of Dalias,
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED
IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, USLlFE Title Insurance Company of Dalias, A Texas corporation, herein calied
the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees
and expenses which the Company may become obligated to pay hereunder, sustained or
incurred by the insured by reason of:
1, Title to the estate or interest described in Schedule A being vested otherwise than as
stated therein;
2. Any defect in or lien or encumbrance on such title;
3, lack of a right of access to and from the land; or
4, Unmarketability of such title,
IN WITNESS WHEREOF, USLlFE Title Insurance Company of Dalias has caused this policy
to be signed and sealed by its duly authorized ollicers in facsimile to be valid, as of Date
of Policy shown in Schedu:e A, only when it bears an authorized, original countersignature,
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President & Chief Executive Officlff
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An.st: VicfI.President. See,..ttI/Y tJt'/d General Counsel
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Authorized C I. tersignaWffJ
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ASPEN TITLE COMPANY, L TO
Phone 303-925-4444
530 East Main
ASPEN, CO 81611
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-lt7G-AMENDED 10.17.70
Formerly DALLAS TITLE AND GUARANTY COMPANY
FORM 1M (CO) 30M 479A
,
Exclusions from Coverage
The following matters are expressly excluded from the
coverage of this policy:
1. Any law. ordinance or governmental regulation (includ-
ing but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy,
use or enjoyment of the land, or regulating the charac-
ter, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation
in ownership or a reduction in the dimensions or area of
the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of
police power unless notice of the exercise of such rights
appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not known to the Company and
not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this
policy and not disclosed in writing by the insured claim-
ant to the Company prior to the date such insured claim-
ant became an insured hereunder; (c) resulting in no
loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in
loss or damage which would not have been sustained if
the insured claimant had paid value for the estate or
interest insured by this policy.
Conditions and Stipulations
1, Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, sub-
ject to any rights or defenses the Company may have had
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder.
(cl "knowledge": actual knowledge, not constructive know-
ledge or notice which may be imputed to an insured by reason
of any public records,
(d) "land": the land described, specifically or by reference
in Schedule A, and improvements affixed thereto which by
law constitute real property; provided, however, the term
"land" does not include any property beyond the lines of the
area specifically described or referred to in Schedule A, nor
any right title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access
to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law impart
constructive notice of matters relating to said land.
2, Continuation of Insurance after
Conveyance of Title
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an indebted-
ness secured by a purchase money mortgage given by a pur-
chaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in
force in favor of any purchaser from such insured of either
said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3, Defense and Prosecution of Actions-
Notice of Claim to be given by an Insured
Claimant
(a) The Company, at its own cost and without undue delay,
shall provide for the defense of an insured in all litigation
consisting of actions or proceedings commenced against
such insured, or a defense interposed against an insured in
an action to enforce a contract for a sale of the estate or
interest in said land, to the extent that such litigation is founded
upon an alleged defect lien, encumbrance, or other matter
insured against by this policy,
(b) The insured shall notify the Company promptly in writ.
ing (i) in case any action or proceeding is begun or defense is
interposed as set forth in (a) above, (ii) in case knowledge
shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest,
as insured, and which might cause loss or damage for which
the Company may be liable by virtue of this policy, or (iii) if
title to the estate or interest. as insured, is rejected as unmar-
ketable. If such prompt notice shall not be given to the Com-
pany, then as to such insured all liability of the Company shall
cease and terminate in regard to the matter or matters for
which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Company shall be
prejudiced by such failure and then only to the extent of such
prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or pro-
ceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or
interest as insured, and the Company may take any appropriate
action under the terms of this policy, whether or not it shall
be liable thereunder, and shall not thereby concede liability or
waive any provision of this policy.
(d) Whenever the Company shall have brought any action
or interposed a defense as required or permitted by the pro-
visions of this policy, the Company may pursue any such liti-
gation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole discre-
tion, to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding, the insured hereunder shall secure to the Com-
pany the right to so prosecute or provide defense in such
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for
such purpose. Whenever requested by the Company, such
insured shall give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, securing evi-
dence, obtaining witnesses, or prosecuting or defending such
action or proceeding, and the Company shall reimburse such
insured for any expense so incurred.
4, Notice of Loss-Limitation of Action
In addition to the notices required under paragraph 3(b) of
these Conditions and Stipulations, a statement in writing of
any loss or damage for which it is claimed the Company is
liable under this policy shall be furnished to the Company
within 90 days after such loss or damage shall have been
(Conditions am.. ...dpulatlons continued and concluded on last pagb _ ~ this polley)
SCHEDULE A
GF or File No,: A8l-267
POLICY NO,
o
hy
I 911745
Amounl of Insurance: $ 1,000, 000. 00
Dale of Policy: October I, 1981 at 1:55 A.M.
1, Name of Insured:
MOUNTAIN ENTERPRISES-80B, a Joint Venture
2, The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.)
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
Mountain Enterprises-80B, a Joint Venture
4. The land referred to in this policy is described as follows:
Parcell
Lots K and L
Block 88
City and Townsite of Aspen
Parcel 2
North 14 feet of the West 12 feet of Lot M
Block 88
City and Townsite of Aspen
Pitkin County, Colorado
Aspen
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM B 1970 AMENDED 10-17-70
FORM 1M (CO) INSERT A 10M 1178H
SCHEDULE B
POLICY NO, 0 1 911745
File No. A81-267 (hy)
This Policy does not insure against loss or damage by reason of the following:
1, Rights or claims of parties in possession not shown by the public records,
2. Easements, or claims of easements, not shown by the public records.
3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments. and any facts which a correct survey and inspec-
tion of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished. imposed by law and not shown
by the pUblic records.
5. The lien of all taxes and assessments for the year 1981 and thereafter.
6. Terms, conditions, obligations and covenants of Lease by and between Mary-Helen Cattell or
Nominee and Bruce A. Geiss and Maureen R. Geiss dated January 1, 1977, recorded February 8,
1977 in Book 324 at Page 545, and Addendum to Lease dated February 7, 1977 recorded
February 8, 1977 in Book 324 at Page 567. (As to Parcell)
7. Assignment of Lease to secure business loan by Bruce A. Geiss and Maureen R. Geiss and
Mary-Helen Cattell to the First National Bank in Aspen recorded February 8, 1977 in Book 324
at Page 569.
8. Any facts, rights, interest or claim which are not shown by the public records, but which
could be ascertained by making inquiry of the lessors in the lease or leases described or
referred to in Paragraph 8 of Schedule B, Section 2, above.
9. Any and all unrecorded Leases not shown by public record.
10. Terms, conditions and restrictions as evidenced in Notice of Historic Designation recorded
in Book 295 at Page 515.
11. Terms and provisions as contained in Resolution No.6 (Series of 1973), recorded April 3,
1973 in Book 274 at Page 217.
12. Deed of Trust from Aspvail Investments, a Colorado Limited Partnership, to the Public Trustee
of Pitkin County, Colorado for the use of Mary-Helen Cattell to secure $380,000.00 dated
February 7, 1977, recorded February 9, 1977 in Book 324 at Page 629. (As to Parcell)
Amendment to Promissory Note and Deed of Trust recorded March 9, 1981 in Book 405 at Page
314 and re-recorded March 9, 1981 in Book 405 at Page 946.
13. Deed of Trust from Michael P. Cagnoni to the Public Trustee of Pitkin County, Colorado for
the use of Aspvail Investments, a Colorado Limited Partnership, to secure two promissory
notes in the amounts of $334,577.85 and $150,000.00 dated December 31, 1980, recorded
March 11, 1981 in Book 405 at Page 544. (as to Parcell).
Said Deed of Trust was subordinated to the lien of the Deed of Trust recorded September 29,
1981 in Book 415 at Page 156.
14. Lien of Colorado Inheritance Tax in the Estate of Michael P. Cagnoni, deceased. (As to
Parcell)
15. Deed of Trust from Mountain Enterprises-80B to the Public Trustee of Pitkin County, Colorado
for the use of Fidelity Bank, National Association to secure $2,065,000.00 dated
September 4, 1981, recorded September 29, 1981 in Book 415 at Page 156.
Assignment of Contract Rights and Leases by and between Mountain Enterprises-80B and
Fidelity Bank, National Association, recorded September 29, 1981 in Book 415 at Page 164.
Assumption and Modification Agreement by and between Aspvail Investments, a Colorado
Limited Partnership, and Mountain Enterprises-80B, a Joint Venture, recorded September 29,
1981 in Book 415 at Page 166.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM B 1970 AMENDED 10-17-70
FORM 1 M (CO) S:::HEQULE B 35M 479H
"
, "'"
(Conditions and Sti~latlonS continued and concluded from reverse S~Of policy face)
determined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall have been
furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy
as to such loss or damage.
5, Options to Payor Otherwise Settle Claims
The Company shall have the option to payor otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time of
such payment or tender of payment, by the insured claimant
and authorized by the Company,
6, Determination and Payment of Loss
(a) The liability of the Company under this policy shall in no
case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by the Company for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of the Company.
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter,
7. Limitation of Liability
No claim shall arise or be maintainable under this policy
(a) if the Company, after having received notice of an alleged
defect lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect lien or encum-
brance or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of compe.
tent jurisdiction, and disposition of all appeals therefrom,
adverse to the title, as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without prior written consent of the
Company,
8. Reduction of Liability
All payments under this policy, except payments made for
costs, attorneys' fees and expenses, shall reduce the amount
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless
the policy be lost or destroyed, in which case proof of such
loss or destruction shall be furnished to the satisfaction of
the Company,
9, Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the Com.
pany may pay under any policy insuring either (a) a mortgage
shown or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this
policy, The Company shall have the option to apply to the pay-
~--==:,~
ment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the estate or
interest covered by this policy and the amount so paid shall
be deemed a payment under this policy to said insured owner.
10, Apportionment
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is estat>--
lished affecting one or more of said parcels but not all. the loss
shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as
to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to
Date of Policy, unless a liability or value has otherwise been
agreed upon as to each such parcel by the Company and the
insured at the time of the issuance of this policy and shown by
an express statement herein or by an endorsement attached
hereto,
11, Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant, The Company
shall be subrogated to and be en@ed to all rights and remedies
which such insured claimant would have had against any
person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit the Company to
use the name of such insured claimant in any transaction or
litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant the Company
shall be subrogated to such rights and remedies in the propor.
tion which said payment bears to the amount of said loss. If
loss should result from any act of such insured claimant such
act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured
against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of
subrogation.
12, Liability Limited to this Policy
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
entire policy and contract between the insured and the
Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title
to the estate or interest covered hereby or any action
asserting such claim, shall be restricted to the provisions
and conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secre-
tary, an Assistant Secretary, or validating officer or author.
ized signatory of the Company,
13. Notices, Where Sent
All notices and statements permitted or required to be giv-
en the Company hereunder must be given to the Company
in writing at its home office address, USLlFE Title Insurance
CompanyofDallas, 1301 Main Street, Dallas, Texas 75202,
CITY OF ASPEN.
MEMO FROM AUDREY N. STORBECK
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:)ec"mber 1, 19f1l
Aspen/Pitkin Planning Offic.,
130 south Galena Street
Aspen, colorado 31611
Attn:
Alan Richman
Re: Supplementnry application for exemption
from growth manaC]ePl0IlL i1110tment proc~dures
(Tom Thumb Buildinr; ColOr,cercial Condominiums -
three employee (1pil!"tj~K~nts)
Dear Alan:
This letter supplenents :,Il" orioinnl application
filed November 16, 1981 for e:<c:"iltiou/e;(ception from
subdivision by ~Jay of rcqlle:;tir:Q that the Planning and
zoning Commission exeropt 1::1e th;-"', (1) one bcclroon
residential employee apnrU-';:lt il"its from complying
with the lJrowth managemont ,,11,,!""'n~' procedures pursuant
to Sec. 24-11.2(h) and assir)lli:o" ,,0 tJ'r>se three units
middle income andpprice guid"lincs, as established by
the city, plus such future i,ocre,v;,cc; as will be permitted
by subsequent ennctments. 1']", '1)'i,licant would further
request that any deed restrictioilS rr>~uired in connection
\"i th the applica ti'C)I1 of l:he i1 fnre:""ntioned incone and price
guidelines be conditioned 0,", the: cnntinuedl future le')al
existence of such guidelines, i.e. if such guidelines
should ever be judicially declarod invalid or otherwise
discon tinued by the city, t.he ,l:Hllicant' s deed restriction
ought to then automatically tcn'\i !late.
Attached hereto arc floor plans of the thrGe one
bedroom apartments, w!lich an' l;"cated at the tapa!"
Building A. These units arc' i,10ally located and con-
structed wi thin a quality c(%I'\ercial project, equippec1
wi th separate entrance, cable ','. V., Hl30, separate bedrooms,
baths and kitchens. The actual construction cost of the
units is approximately $240 per s~uare foot.
,
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DecemberJ"r" 19 81
Page 2
'"
The applicant respectfully rcql1C3ts that your office
and the Planning and Zoning Co~~ission classify these
apartments within the income and nrice guidelines as
"middle"a These units, clas~iifi(~d as "middle" would be
rentable by employees of the ar,-"l cilrnin'] between
$18,7S0 and $31,3S0 per year, I'Jhi,ch is appropriate in
the circumstances. At $.75 per. ;jCjudre foot rentals,
apartment 1 (539.02 squnre feet) would rent for $404.85
per month; apartment 2 (399.2:' square feet) for $299.41
and a,P.<c!Etn1,:n,t3 (636.33 sCjllal:C' fcr,t) for $47,7.25 per month.
These rentals are somewhat b<~lol'l existing ra'tes in private
buildings. At the $83 per square foot middle income
guideline sales pricc, the approximate "loss" to the
applicant on resale would be in ti,e nei'Jhborhood of
$200,000 to $250,000, when you compaec the actual
construction costs with the allowable sales costs provided
for by the middle income gui,]elines.
Considering the existinG nn",] in the community for
one bedroom, middle income typ~ rentals, the fact that
there are only three apartment:; \'Iithin a rather large
corrunercial complex a.nd, finally, the overall quality of
the conunercial project, the ,11'I:oJ icant submits that the
middle income guidelines woule) );c, fair and reasonable under
the circumstances. llurther, thc ilP;)licant would observe
that ithhas proceeded with Ii", IC'fclopment and construction
of the commercial project, havinq had it approved in 1978
in connection with the C;;'IP co;nclcrci<,1 project procedures,
without any specific classificRtion having heen assigned to
the three apartments, which \.wrc included within the
project in accor~ance with applicable code provisions;
the point being thtlt these de'ccrmillbtions with regard to
incon~ and price guideline clas~ifications are somewhat
after the fact an~ that applicant's request for middle
income -and price guideline clClssification is all the
more reasonable under these circumstances.
v
wi regards to the lease restrictions r e for
by Section _ (6 mo. minimum/2 shor ms, etc.), the
applicant would su " st that sucl. trictions might not
be necessary or appropr1 ',STIluch as the apartments
are located within the c er' corc district of the city,
as compared to being' a residcnt1 a, which such
code section was i ende~ to prot.ect; hOVle _ if your
office and/or P Z deems othc,n'Jisc, 'l.pplicant W1 1 accept
this addition deed restriction or covenant upon the
subject three apartment nni t,;.
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December 3 ,"'''''1981
Page 3
'.".#
I am that with t.hc~;e subsequent submittals
applicant will the Deccnbcr 22 agenda of th pan
Planning and zoning Co Please adv' ~f there is
any problem with that schee
Thanks for 0 cp in connection w~
all of the econdary G~1P i V:;ns.
discussing
YOllrs very truly,
Fitzhugh Scott III
FSjjeo
enc.
cc: James uagley
Paul ':i.'addunc, City Attornc,/
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN. COLORADO 8161 t
TELEPHONE (303) 9215.1218
November 16, 1981
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attn: Alan Richman
Re: Application for an exception/exemption
from subdivision for the Tom Thumb Building
Commercial Condominiums
Dear Alan:
Per our phone talk, this letter is by way of an
application per Sec. 20-19 on behalf of Mountain Enterprises-
80B, a Colorado joint venture, the owner of the Tom Thumb
property, whereupon a new three part commercial office
building is presently under construction.
AS you are aware, the applicant is in the process
of completing construction on the project, which it intends
to condominiumize - thus necessitating this application
for an exception/exemption from subdivision.
The legal description of the property is:
Lots K and L, and the North 14 feet of
the West 12 feet of Lot M, Block 88,
City of Aspen, County of Pitkin, State
of Colorado.
The property is located within the CC zone district of
the City of Aspen.
Submitted together with this letter application is
a complete set of the architectural plans and drawings
for the office building, plus a current title insurance
commitment, reflecting ownership interests and other record
information regarding the property. By the end of the
month we fully expect to be ready to submit to your office
a current improvement survey, which is being prepared by
Alpine Surveys. This improvement survey, of course,
. .
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Aspen/Pitkin Planning Office
November 16, 1981
Page 2
would otherwise be the first page of the proposed
"condominium Map", which is being prepared as a
whole by Alpine Surveys. Thus far the drywall scheduling
has not quite permitted Alpine Surveys to get on to the
property in a proper fashion in order to make the
measurements which are necessary in order to complete
the full-fledged condominium map. Jim Furniss, the
construction project supervisor, has estimated completion
dates for the drywall for November 20 for Building C,
November 27 for Building B, and December 3 for Building A.
These dates are also the dates which have been provided
the future lessees as dates for when they will be able to
take first occupancy of their store spaces. One reason
for mentioning the above is that it would be most appreciated
if you could reserve a spot in the P & z agenda for their
next available meeting, which I understand to be December 22,
in anticipation of the applicant being able to provide
your office with the improvement survey by at least two
weeks in advance of that date.
with regards to the grounds for the applicant's request
for an exemption/exception from subdivision, one of the
main concerns the city has with the condominiumization
of a structure is in connection with the avoidance of
displacement of low to moderate tenant occupants. In this
case, there will be no such displacement on account of the
fact that this is a new structure. This property has always
been utilized for commercial type purposes in the past.
In fact, the new building will contain three new 600 square
foot residential units within Building A. Any other con-
cerns which might come up in connection with subdivision
process are being addressed, I'm sure, in connection with
the building inspection process relative to the new con-
struction of the buildings. In sum, the applicant feels
that the granting of the exception will not be detrimental
to the public welfare or injurious to other property in the
area in which the subject property is situated and that in
other respects the special circumstances or conditions that
relate to the subject property do not dictate the strict
application of the subdivision provisions in connection
with condominiumization of this property, which is an
..
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Aspen/Pitkin Planning Office
November 16, 1981
Page 3
action that the applicant feels is necessary for it to
take in order for the preservation and enjoyment of its
property rights in the subject project.
Also enclosed herewith is my check No. 1337 payable
to the City of Aspen in the amount of $50.00 for the
required application fee in connection with this subdivision
exemption/exception application.
Please let me know if there are any problems with
scheduling this item on the P & Z agenda for December 22 or
if there are any other items of information which you feel
ought to accompany this application, other than the forth-
coming Alpine Surveys improvement survey of the property.
Thanks again for your help and cooperation and by
way of explaining the exemption/exception process and
facilitating the procedures for having the application heard.
Yours very truly,
!if~~.,
Fitzhugh Scott III
FS/jeo
cc: James Bagley
James Reser, Alpine Surveys
"
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
ASPEN, COLORADO 81 B II
TELEPHONE (303) 925.1216
December 3, 1981
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attn: Alan Richman
Re: Supplementary application for exemption
from growth management allotment procedures
(Tom Thumb Building Commercial Condominiums -
three employee apartments)
Dear Alan:
This letter supplements the original application
filed November 16, 1981 for exemption/exception from
subdivision by way of requesting that the Planning and
Zoning Commission exempt the three (3) one bedroom
residential employee apartment units from complying
with the growth management allotment procedures pursuant
to Sec. 24-ll.2(h) and assigning to these three units
middle income and price guidelines, as established by
the city, plus such future increases as will be permitted
by subsequent enactments. The applicant would further
request that any deed restrictions required in connection
with the application of the aforementioned income and price
guidelines be conditioned on the continued, future legal
existence of such guidelines, i.e. if such guidelines
should ever be judicially declared invalid or otherwise
discontinued by the city, the applicant's deed restriction
ought to then automatically terminate.
Attached hereto are floor plans of the three one
bedroom apartments, which are located at the top of
Building A. These units are ideally located and con-
structed within a quality commercial project, equipped
with separate entrance, cable T.V., HBO, separate bedrooms,
baths and kitchens. The actual construction cost of the
units is approximately $240 per square foot.
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Aspen/Pitkin Planning
December 3, 1981
Page 2
Office
The applicant respectfully requests that your office
and the Planning and zoning Commission classify these
apartments within the income and price guidelines as
"middle". These units, classified as "middle" would be
rentable by employees of the area earning between
$18,750 and $31,350 per year, which is appropriate in
the circumstances. At $.75 per square foot rentals,
apartment 1 (539.02 square feet) would rent for $404.85
per month; apartment 2 (399.22 square feet) for $299.41
and apartment 3 (636.33 square feet) for $477.25 per month.
These rentals are somewhat below existing rates in private
buildings. At the $83 per square foot middle income
guidel,ine sales price, the approximate "loss" to the
applicant on resale would be in the neighborhood of
$200,000 to $250,000, when you compare the actual
construction costs with the allowable sales costs provided
for by the middle income guidelines.
Considering the existing need in the community for
one bedroom, middle income type rentals, the fact that
there are only three apartments within a rather large
commercial complex and, finally, the overall quality of
the commercial project, the applicant submits that the
middle income guidelines would be fair and reasonable under
the circumstances. Further, the applicant would observe
that it has proceeded with the development and construction
of the commercial project, having had it approved in 1978
in connection with the GMP commercial project procedures,
without any specific classification having been assigned to
the three apartments, which were included within the
project in accordance with applicable code provisions;
the point being that these determinations with regard to
income and price guideline classifications are somewhat
after the fact and that applicant's request for middle
income and price guideline classification is all the
more reasonable under these circumstances.
With regards to the lease restrictions provided for
by Section 20-22 (6 mo. minimum/2 short terms, etc.), the
applicant would suggest that such restrictions might not
be necessary or appropriate inasmuch as the apartments
are located within the commercial core district of the city,
as compared to being in a residential area, which such
code section was intended to protect, however, if your
office and/or P & Z deems otherwise, applicant will accept
this additional deed restriction or covenant upon the
subject three apartment units.
#"~'.'....
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Aspen/Pitkin Planning
December 3, 1981
Page 3
Office
I am assuming that with these subsequent submittals
applicant will be on the December 22 agenda of the Aspen
Planning and Zoning Commission. Please advise if there is
any problem with that schedule.
Thanks for your help in connection with discussing
all of these secondary GMP items.
Yours very truly,
~f~
FS/jeo
enc.
cc: James Bagley
Paul Taddune, City Attorney
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721 09009 - 00000
63722
63723
[, ~ -- ;,-~3't2'li-f7 ,3SQ
63725
63726
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Name: C~lfl%s S{ldl,/~
Add,ess: ry, .Ii'} iF1J:Ai
Check No,
1:'-> "7,7
,
Receipt No, P
Conceptual Application
Preliminary Application
Final Application
ExemD;jgn (/ <iI, 1117
Rezoning
Conditional Use
Subdivision/PUD
Special Review 'lJ.t
P&Z Review Onlv
Detailed Review
Final Plat
Special Approval
Specially Assigned
County land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
'I~S-ldj(..CJ
Pro iect"
)(1' J' 0t/I17-1IVirlt) )ufJ,
/(t./ phQno' );X 'tpf ((~'flit)
Date: Ill.:J/r I
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