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Home My WebLink Aboutcoa.lu.ec.Tom Thumb Bldg-Lots K&L.69-81(39 Ij 81 Tom Thumb Building Condominiumization E ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review — 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 _Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name US.-/, Address:"✓ ;S j 6'y! Check No.37 Date: Receipt No. P CASELOAD SUMMARY SHEET City of Aspen 1. DATE CERTIFIED COMPLETE: STAFF: Cole Ile e-,� 2. APPLICANT: 0 3. REPRESENTATIVE: 0 ,& I s - lay 4. PROJECT NAME: —ruMb t di ki—Sy6d,. 5. LOCATION: 1.0�5 K GLM� �—} Tt'1C' 1V�rf I'LI fee i� '074 6. TYPE OF APPLICATION: 4 Step: GMP ( ) PUD Subdivision 1 2 Step: _Subdivision Exception 'orV& %1k- if _V#I"'GMP Exception ( r?_X�YYIDZ . �C?`C CL` le Uy, ) Rezoning SPA 1 Step: Use Determination Conditional Use Special Review (. ) HPC Other: 7. REFERRALS: Attorney Engineering Dept Housing Water City Electric 8. REVIEW REQUIREMENTS: Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshal/Building Dept. School District Rocky Mtn. Nat. Gas State Highway Dept. Other 40 0 s 9. DISPOSITI/ON: P & Z ✓ Approved Denied Date /0 2— Counci \,/ Approved Denied . Date_ 2_ 10. ROUTING: Attorney I i Building Engineering Other m FITZHUGH SCOTT III ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 TELEPHONE (303) 925-1216 June 18, 1982 Gary S. Esary Assistant City Attorney (Hand delivered) Re: Tom Thumb Dear Gary: Enclosed are original Declaration signed by Mr. Bagley, plus original Statement 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 117 South Spring Strom Thanks. Yours very truly, 1 Fitzhugh Scott III FS/jeo enc . /� S ii"' 0V HAND DELIVERED June 4, 1982 Vitzhugh Scott III, Esc(. 117 South Spring Street Aspen, Colorado 81611 Re: Tom Thumb builuina Dear Tam: Enclosed herewith are the originals of the Declaration of Covenants and Statement of Exception documents for the Tom Thumb Building. Please have tiie Declaration executed and then return ooth original documents to me, along with a check for ; 1 1. OU to cover recording costs payable to the Pitkin County Clerk and Recorder. Thank you for your cooperation in this matter. Very truly yours, Gary S. Esary Assistant City attorney VSE/mc Enc. :7 • CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-92 5 -2020 MPMC)DA mnrim DATE: April 12, 1982 TO: Colette Pennej FROM: Gary Esary(3V3 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. GSE:mc CKI ) ) C. R MEMORANDUM DATE: April 12, 1982 TO: Colette Penne eROM: Gary Esary RE: `i''om T:iumb Condos i�ttached are copies of the Statement of Exceptijn and Declaration of Restrictions submitted for execution in the aoove-reverenced matter. Tjhey look o.k. to me. Please review them and return them to rae with "-jur com- ments at your earliest convenience. 'i'nanks. USE:mc • MEMORANDUM TO: Aspen City Council 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: Feburary 8, 1982 APPROVED AS TO FORM: Location: Lots K and L, and the North 14 feet of e West 12 4et of Lot M, Block 88, City of Aspen, County Pitkin, State of Colorado (the corner of Mill Street an Hyman Avenue). Zoning: CC Applicant's Request: 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. 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 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. 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. 1-Bedroom: 500-800 sq. ft. This application is for three GMP-exempted employee units of the following sizes: Apartment 1 (I -Bedroom) = 539.02 sq. ft. Apartment 2 (Studio) = 399.22 sq. ft. Apartment 3 (1-Bedroom) = 636.33 sq. ft. Memo: Condominiumization of the Tom Thumb Building and Exemption from GMP for 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 nits outlined with the rental and sale prices set at y "ii-ls 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. Utilities being paid by the tenants if the units are ,ZZindividually metered and by the landlord if individual meters are not provided. z- Z. The five conditions for plat amendment outlined in the Engineering Department memo. L-4 I�SL_ vX I avl\ �� 0� ✓�c� 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 a-=4 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 (a) 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 (b) 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 Gb4P 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, gs��_ Fitzhugh Scott III FS/jeo enc. 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: CC Applicant's Request: 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 parkin 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 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." 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. ]-Bedroom: 500-800 sq. ft. This application is for three GMP-exempted employee units of the following sizes: Memo: Condominiumization of the Tom Thumb Building and Exemption from GMP for the three Employee Units Page Two January 19, 1982 Apartment 1 (1-Bedroom) = 539.02 sq. ft. Apartment 2 (Studio) = 399.22 sq. ft. Apartment 3 (1-Bedroom) = 636.33 sq. ft. 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 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 exemption for �VN �!VL— the three employee units outlined with the rental prices 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: 1. Six-month minimum leases with no more than two shorter tenancies per year. 2. Utilities being paid by the tenants if 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. R CITY OF ASPEN MEMO PROM COLETTE PENNE • j oo -kl c.Q IL i MEMORANDUM TO: Collette Penne, Planning Office FROM: Jay Hammond, Assistant City Engineer k DATE: January 13, 1982 0 JA.N 14 1,9p ASPEN / PI T KIN CO. PLANNING OFFICE 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. aspen/Pitkin "ianninb Office 130 south galena street aspen, Colorado 81611 MEMORA14DUM TO: Engineering Department FROM: 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 L and the north 14 feet of the west 12 feet of Lot M, (Mill 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 Enterprises, has been dealing with the Planning Office 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 you! WUFE TITLE INSURANCE Company of Owner Policy of Title Insurance POLICY OF TITLE INSURANCE issued by USLIFE Title Insurance Company of Dallas. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, USLIFE Title Insurance Company of Dallas, A Texas corporation, herein called 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, USLIFE Title Insurance Company of Dallas has caused this policy �JRpNCE Co to be signed and sealed by its duly authorized officers in facsimile to be valid, as of Date ?:' ••.92� of Policy shown in Schedu:e A, only when it bears an authorized, original countersignature. ? SEAL; o Y uJ O S/7 President & Chief Executive Officer Attest: Vice -President Secretary and General Counsel ASPEN TITLE COMPANY, LTD Phone 303-925-4444 530 East Main ASPEN, CO 81611 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY —FORM 0-1970—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. 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. (c) "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 antpulations continued and concluded on last pagethis policy) E • SCHEDULE A GF or File No.: A81-267 Amount of Insurance: $ 1, 000, 000.00 1. Name of Insured: MOUNTAIN ENTERPRISES-80B, a Joint Venture POLICY NO. ® by1 911745 Date of Policy: October 1, 1981 at 1:55 A.M. 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: 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 This Policy does not insure against loss or damage by reason of the following: File No. A81-267 (hy) 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 Parcel 1) 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 Parcel 1) 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 Parcel 1). 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 Parcel 1) 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 IM (CO) SCHEDULE 6 35M 479H (Conditions and Stipulations continued and concluded from reverse si a 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 Pay or Otherwise Settle Claims The Company shall have the option to pay or 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 estab- 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 entitled 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, USLIFE Title Insurance Companyof Dallas, 1301 Main Street, Dallas, Texas 75202. c.�a N N N N N d m c d U N C > a �j a a U a a` a s m m u U U m U cdi m u a y j j y> m» > j ° . w = a U A . U K r i w m V � V! O �0 (n m L.Wco O C _ O L- fo f0 a Co Y Z (n _ C. !n i C6 co O o d J w E Q c7 `- 3 � Q� Qi E � C N - N co O O� 'tn co s d C= }� O x Y. N ° fn Ui 1 Oc° how i ruuw OFZOFzu �I-QQQUUC7.J��ZZO:D � C0 ITY OF ASPEN MEMO FROM AUDREY N. STORBECK CV CC hN�S covkdo (aKs o We. Vka vc AtA ns 14� Tyykfl q a Un Js vAe e d qo be, P--488 658 331 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) se",Tbhn B. Gillespie Stre t a d �- 013 NW Experssway, Ste. Po,"JahomaQty, OR 7311 Postage 5 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date. and Address of Delivery TOTAL Postage and Fees S Postmark or Date C �I� STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach and retain the receipt, and mall the article. 3. If you want a return receipt, write the certified mall number and your name and address on a return receipt card, Form 3811. and attach it to the front of the article by means o1 the gummed ends If space per- mits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. A. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt Is requested, check the applicable blocks In Item 1 of Form 3811. 6. Save this receipt and present it it ymt make inouiry. THE TOM THUMB BUILDING COMMERCIAL CONDOMINIUMS ■ oPr! 15 d A-10 C.H. Te FLOOR. EL. b3 15.25 N In in C-101 to CH.83 mm FLOOR EL. 7g03'1,0 I' LOWER FLOOR PLAN WEST ELEVATOOM 7931' 11 O to 25.0 N r m A-102 C.H. 8_0 78 3}3 C.H. 8.0 N 055 A -103 r O O 55 0 18'8 15 2 C.H. 8 0 C.N. 8 0 N CH.80 N r r R; 91 5 g5 16 2 N i C.H. IV•9 to In 335 28 5 B-101 0 N N � C.H. 8 4 n SOS S 220 I I I I I 1 1 I I 1 1 I I II II II II II 11 II II I I I 1 I I I I II II II 1 II II II II L----III---- SOUTH ELEVATdOM 11 15 N o r N_ 15 85 U) m h8 V4 C. H. 8 05 A - 201 135 m II.Si. 5.1 m 10.8 -/•35 I# 5'-1 —.-&b E �Im Col mH 3 o Lr'---1 � N N hl r r 31 L37_. FLOOR EL. 7512.11 C-201 N to C.H. B•75 r7 N h 13-G le f MDOLE FLOOR PLAN SOUTH ELEVAMN -COURTYARD N m O 8�1 m �o A 202 " 1.8 O 20 6 51 f` N S n C.H. 8•I 11-75 Ak C.H. 8 55 g.2 B-201 " 157339 0 7912� 11 n 1 i 1903�t.1 7�1 1 I NORTH ELEMG TMN COURTYARD SW ELEVAT90M COURTYARD . MppE WEST ELEVATK M 4 C (D)UR`1 YARD SUBJECT JECT TO REVI`S-10N NOTICE According to Colorado law you must commence any legal --- based upon any defect u, this survey within six years atler you first discover such detect. In no event may any action based upon anydefect in this survey be commenced more than len years from the date of the cerhhce lion shown hereon Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 Surveyed Nov, PEC. 1081. Revisions Drafted DEC. 30.1881. Title THE TOM THUMB BUILDING GOMMtKGIAL GUNUUMINIUMS Job NO 01-100-4 SHEET 2 OF 2 Client BAGLEY K&E 19 1154 5-80 MC9540 3 m a 0 U) 0 a A : roe, N (n-U`l 11 W bV'10 IHIZYMAN AVENUE MAUL NO O 5 10 20 30 40 SO SCALE 1„= IOr BASIS OF BEARING : N . COo 13 WCK 94 TO SW. COR. BLOCK 7S, SUR V E U OOIl S VI'EU UTMO!!"H II E 1, JAMES F. RFSEP, , HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER IT, 1361 OF LOTS K AND L, AND PART OF LOT M , BLOCK 88 , CITY OF ASPEN, PITKIN COUNTY, COLORAIDO. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE 012 KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY,SKOWN. ALPINE SURVEYS BY: JAMES F RESER DECEMBER 1, 1381 L.S. 3184- �� _C F. 9184 F OF C& NOTICE AC wdinq to CW01edo 1,1 you nv 4l COnrtTCn..0 any l J11 Hi hoe. Alpine Surveys t).tSCd uRon any detect �n th)S Survey Wtth�n S,X yews aftkr you first d1.c,),,-, _ hdefect In no[±venl may eny aCliOn based upon any detect in lh�s surv�±y ^ commenced more than ten years from the date of the certification show, Post Office Box 1730 �vreon. Aspen, Colorado 81611 303 925 2688 Surveyed NOV. 17, I381 Drafted DEC. I , 1981. Revisions Title IMPROVEMENT SURVEY LOTS K 81 L , 81 PART LOT M , BLOCK 88. CITY OF ASPEN. PITKIN COUNTY. COLORADO. Job No 81-185 Client BAGLEY K&E 19 11114 !-ee MC9941 P9 W IHI Y I II A N AVENUE MALL THE TOM TH1TMB BUILDING COMMERCIAL CONDOMINIUMS OM9n NIER9S GERTWM(i' TE MOUNTAIN ENTERPRISES -BOB, A COLORADO JOINT VENTURE AS OWNER OF LOTS K AND L , AND PART OF LOT M , BLOCK 58, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, HEREBY CERTIFY THAT THIS MAP OF THE TOM THUMB BUILDING COMMERCIAL CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE TOM THUMB BUILDING COMMERCIAL CONDOMINIUMS DATED __-_._---___-AND RECORDED IN BOOK- ---- AT PAGE OF THE RECORDS OF PITKIN COUNTY, COLORADO. STATE OF COLORADOI S.S. COUNTY OF PITKIN THE FOREGOING OWNER'S CE12TIFICATE WAS ACKNOWLEDGED BEFORE ME THIS_ _ _ _ - _ _ DAY OF_ BY WITNESS MY HANDAND OFFICIAL SEAL. MY COMMISSION EXPIRBS NOTARY r-uBull C. SURVEYOWS CERTWJIGATCE I, JAMES F RESER, A REGISTERED LAND SURVEYOR, HERE13Y CERTIFY THAT THIS MAP REPRESENTS AN ACTUAL FIELD SURVEY PERFORMED UNDER MY DIRECTION AND SUPER- VISION IN NOVEMBER AND DECEMBER 1981, OF LOTS K AND L, AND PART OF LOT M , BLOCK 88, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, ANt) THAT THE THREE STORY BRICK BUILDING WAS FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE SAID LOTS AS SHOWN HEREON. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME, AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND HORIZONTAL AND VERTICAL MEASUREMENTS OF THE BUILDING, THE CONDOMINIUM UNITS THEREIN, THE UNIT DESIGNATION THEREOF UNDER THE INSTRUCTIONS PROVIDED ME BY THE OWNER, THE DIMENSIONS OF SAID UNITS AND THE. ELEVATIONS OF THE FLOORS AND CEILINGS. EXECUTED THIS --- ___--- DAY OF_-_le&Z. ------------ - JAMES F. RESEIR L.S. J184- 0 5 10 20 30 40 50 SCALE I,.= 10' BASIS OF HEARING: REFERENCE POINTS TO ORIGINAL FOUND MONUMENTS AT SW AND NW PROPERTY CORNERS. APPROVAL THIS CONDOMINIUM MAP OF THE TOM THUMB BUILDING COMMERCIAL CONDOMINIUMS WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THIS _---___ DAY OF - - - - I 1982 . HERMAN EDEL, M)(M& KATHRYN KOCH CLERK APPROVAL THIS CONDOMINIUM MAP OF THE TOM THUMB BUILDING COMMERCIAL CONDOMINIUMS WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, COLORADO, THIS __-_--______ DAY OF ISB2. ------------------- CITY ENGINEER PLQNNNG o Z00NNG GOMMOSSS�ON CONDOOMMUM APPROVAL THIS CONDOMINIUM MAP OF THE TOM THUMB BUILDING COMMERCIAL CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS- _--._-__ -DAY OF -- 1982. CHAIRMAN C LE RK o R EGOO RDDER"SS C ERTMICATE THIS CONDOMINIUM MAP OF THE TOM THUMB BUILIDING COMMERCIAL CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT__---_O'CLOCK,__-.M, THIS ----------- DAY OF _ _--1582, AND WAS DULY FILED IN ISOOK_____-AT PAGE-___----- RECEPTION N' PITKIN COUNTY CLE12K AND RECORDER. NOTICE Accordir,g to Colorado law you rnuSI commence, any legal action .,�� .. v....,r ..��i,,,,a ��.•c'y wi,nii >i+c ye aver Y- nr51 0—o—, such defect. In no eycnt may any action based upon anydefect m INS survey oe commenced more than ten years from the date of the cefhficahon shown hereon A 1._ . miNn rc our vuy5 Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 Surveyed NOV, DEC. 1981. Revisions Drafted DEC 30. 1981. Title THE TOM THUMB BUILDING COMMERCIAL CONDOMINIUMS SHEET I OF 2 Job No 81-185 - 2 Client BAGLEY K&E 19 1134 "0 MC9340 3: 0 4() 0 'zr U) -T lhl/d ki HYMAN AVENUE MALL 0 5 10 20 30 40 50 SCALE : I"= 10, BASIS OF BEARING: SW. COR. EL-OCK 13- TO 5W. COR. BLOCK -75. N 75'00'11"W SURVEYOWS OFERTMICATIF 1, JAMES F RESER, HEPEBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDEP, MY SUPERVISION ON NOVEMBER 17, le8l OF LOTS K AND L, AND PART OF LOT M, BLOCK BB, CITY OF ASPEN, PITKIN COUNTY, COLOPA,1DO. 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 - ALPINE SURVEYS BY /JWES F RESER DECEMBER 1, 1581. L.S- 3IB4- Alpine Surveys Surveyed NOV. 17, IE)BI, Revisions tha, 1"" Y-" 1".. A thi Drafted DEC. I , 1961. Post Office Box 1730 Aspen, Colorado 81611 303925 2688 Title IMPROVEMENT SURVEY LOTS K & L, & PART LOT M, BLOCK 88. CITY OF ASPEN. PITKIN COUNTY. COLORADO. Job No 81-185 Client BAGLEY K&E 19 1154 "0 MC9340 3. w HYMAN AVENUE MALL NO 0 S 10 20 30 40 so BA.515 OF BEARING: SW. COR. BLOCK eL�- TO 5W. COR. BLOCK 7S. N -75" OS)'l I " W SURVEYOR'S GERTOFOGATIE 1, JAMES F. RESER, HERESY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER I-T, 1-')61 OF LOTS K AND L, AND PART OF LOT M, BLOCK BB, CITY OF ASr>EN, PITKIN COUNTY COLORADO. THE LOCATION AND bimEwsiows OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR. ON THESE PREMISES ARE ACCURATELY _,S9O\NN. ALPINE SURVEYS BY: /4JAMES F. RESER L DECEMBER 1, 138). L.S- 91614- Alpine 6urveys Surveyed NOV. 17. 1961. Revisions Drafted DEC. 1, 1961. Post Office Box 1730 Aspen, Colorado 81611 303925 2688 Title IMPROVEMENT SURVEY LOTS K & L, & PART LOT M, BLOCK 88. CITY OF ASPEN. PITKIN COUNTY. COLORADO. Job No 81-185 Client BAGLEY ' 7-111-T 0 hl�p_ .0 December 3, 1.981 Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 31611 Attn: Alan Richman Re: Supplementary application for exemption from growth management allotment procedures (Tom Thumb Building Commercial Condominiums - three employee apartments) Dear Alan: F his letter supplements `hc or.ininal application November 16, 1981 for oxem.-Otion/exception from ision by way of requestin(T that the Planning and Commission exempt the thro(( (3) one bedroom ntial employee apartrv< nt units from complying with the growth management �l l��t racnt procedures pursuant to Sec. 24-11.2(h) and assigning to these three units middle income andg)price quid( --lines, as established by the city, plus such future i:icrea!ios 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.c. 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 Mans of the three one bedroom apartments, which are Located at the top o Building A. These units are ideally located and con- structed within a quality commercial project, equipped with separate entrance, cable T.V., I130, separate bedrooms, baths and kitchens. The actual construction cost of the units is approximately $240 per square foot. N December 1981 Page 2 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 fe(-t) for $47,7.25 per month. These rentals are somewhat below existing rates in private buildings. At the $83 per square foot middle income guideline sales price, the approximate "loss" to the applicant on resale would be in the neighborhood of $200,000 to $250,000, when you compaee 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 tyre rentals, the fact that there are only three apartment.; within a rattier large commercial complex and, finally, the overall quality of the commercial project, the applicant submits that the middle income guidelines would b,, fair_ and reasonable under the circumstances. Hurther, the applicant would observe that ithhas proceeded with thedoveloument 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 determiahtions 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. Wi regards to the lease restrictions r e for by Section ? (6 mo. minimum/2 shor ms, etc.), the applicant would sup. st that sucIL trictions might not be necessary or appropri csmuch as the apartments are located within the c er. core district of the city, as compared to being a residents a, which such V code section was i ended to protect; howe _ if your office and/or P 7, deems otherwise, applicant wi. 1 accept this addition geed restriction or covenant upon the subject three apartment unit:;. + December 981 J • Page 3 I am uming that with those subsequent submittals applicant will the Decem}-)car 22 agenda of th pen Planning and Zoning Coy, 'scion. Please adv' if there is any problem with that schec 'wanks for ro p in connection wi discussin�� all of thc� econdary GMP items. Yours very truly, Fitzhugh Scott III FS/jeo enc. cc: James Bagley Paul iaddune, City Attorney FITZHUGH SCOTT III ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 TELEPHONE (303) 925.1218 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, o IN • • 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 F • Aspen/Pitkin November 16, Page 3 Planning Office 1981 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, l; L Fitzhugh Scott III FS/jeo cc: James Bagley James Reser, Alpine Surveys rI FITZHUGH SCOTT III ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN, COLORADO 61611 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. 24-11.2(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. Aspen/Pitkin Planning Office December 3, 1981 Page 2 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 guideline 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. • • Aspen/Pitkin Planning Office December 3, 1981 Page 3 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, Fitz ugh —Scott III FS/jeo enc. cc: James Bagley Paul Taddune, City Attorney FITZHUGH SCOTT 111 ATTORNEY AT LAW 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 TELEPHONE (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 i II /Lq II I R„ti i ' I �; ,eosf Ipl -IC — UPPER TLool, f--'LArj AT) Y, 1 UPPER FLOUR PLAN AP72