HomeMy WebLinkAboutcoa.lu.ex.Lot1,Blk23-W Aspen Subd.1977\OM - 1�* - \5
BRINKMAN
Lot 1, Block 23,
West Aspen
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GARFIE1,13 & HE CRT
A,rn,m rY8 AT LAW
VICTORIAN SQUARE BUILDING
601 E. HYAIAN STREET
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ASPEN, COLORADO 81011
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RONALD GARFIELD
ANDREW V. HECHT February 24, 1977
'
BROOKE A. PETERSON
Mr. Mick Mahoney
City Manager, City of Aspen
130 South Galena
Aspen, Colorado 81611
RE: Pete Brinkman
Park a ion
Dear Mick:
Enclosed please find a copy of the Deed I have
sent to Peter Brinkman for his signature. You will note
it contains the provisions we discussed on the telephone.
S61TE 201
T a: LE PH 6NE
4303) 025-1036
Upon the return of the Deed to Aspen and its
recording, I will have the original returned to you for your
records.
Please contact me if you have any questions.
Very truly yours,
GARFIELD & HECHT
Brooke A. Peterson
BAP/kjk
Enclosure
5
o. 36.1VARRANTY DEED —Short Fo.- Brad ford l'uSItshing Co., 1621.L. SCOut Street, Dvnv"r.Co10(S;$.5011J.—.17e
THIS DEED, Made3bm as of the 30th
PETER A. BRINYJMN, an it married man
of the
County of Pitkin
day of December ,16 76 , between
and State of Colorado, of the first part, and
ME CITY OF ASPL•TI, a et icipal corporation, organized under the laws of the
} oaoal;�V XxkState of Colorado, of the second part:
11'IT N F:SSFTII, That the said part y of the first part, for and in consideration of the sum of
Ten Dollars($10.00)------------------------------------------ DOLLARS,
to the ;aid part y of the first part in hand paid by the said party of the second part, the receipt
whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said part y of the second part, its
heirs curd assigns forever, all the following described lot or parcel of land, situate, lying -and being
in the • County of Pitkin and State of Colorado, to wit:
A parcel of land being part of Lot 23, Nest Aspen Subdivision, Filing
No. 1. Said parcel is more fully described as follows: beginnina
at the sout-hernrrost corner of said Lot 23, thence 147.69 feet along
a curve to the left having a radius of 189.90 feet (the chord of which
bears N 29' 29' 07" W, 144.00 feet); thence S 521 06' E, 91.95 feet; thence
68.70 feet along a curve to the left having a radius of 236.63 feet
(the chord of which bears S 00 47' 52" W. 68.47 feet) to the point of
beginning. Said parcel contains 1,0 a. ft. nore or less.
This parcel of land shall be usec�.;fo a� ivate .ro and other uses apourtenant
and necessary for the care aad', ' munipipal parks, including the
municipal golf course, in ,e.
TOGETHER with all and singu n e .er ditaments and appurtenances thereunto belonging, or in any wise
appertaining, arid the reversion and re e is, emainder and remainders, rents, issues, and profits thereof; and all the
estate, right, interest, claim and demand whatsoever of the said part V_ of the first part, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said
part V of the second part, its heirs and assigns forever. And the said party
of the first part, for him self his heirs, executors, and administrators, clo es covenant,
grant, bargain and agree to and with the said part y of the second part, its heirs and assigns,
that at the time of the ensealing and delivery of these presents he is well seized of he premises above
conveyed, as of flood, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good
right, full power and lawful aUthOl'itV t0 grant, bargain, sell and convey the same in manner and form as aforesaid, and
that -the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever., except general t,-Lxes for 1976 payable in
1977, and subject to all reservations, restrictions, covenants and utility
easements of record in the records of. the Clerk and County Recorder of Pitkin
County, State of Colorado, includingT, but not limited to the Protective
Covenants recorded in Boo],, 229, at Page 78, as amended by instrument recorded
in Book 229, at Page 507 and in Book 309, at Pane 499.
and Cle ah.,ce b;Il'g.Iined prt•nhises in the quiet and peaceable possession of the said part V of the second part.
As heirs and assigns, ngilinst all and t•vtrrY person or persons lawfully clainhingor to clainh the whole
or:u1} I,;u t thereof, the said p:u t y of the fir: t part .:hall and will WAIMANT AND FOREVER DEFEND.
�i
IN 11 1'I Nl:�ti 11'l1I'I:1:Oi','1'h saiel l,:u t y of the first p:trt ha S hereunto set his
�� h:uttl anel �e;rl tht•,lav antl vrar tlrst above• �1 ritton.
,t S4; 111 .I, .'Ce k'd a and ilc•lered in the l't r••er.re oL1
- —
. F'IT', A. a-1 urgrarried man,
+- - - --- - ---- :
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I.
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, PETER BRINKMAN, is the owner of a parcel of
land located in Pitkin County, Colorado, more particularly des-
cribed as:
Lot 1, Block 23, West Aspen Subdivision,
Pitkin County,
WHEREAS, there exists on said property a duplex structure
in which the applicant wishes to separate interest without parcel-
ing the land on which said structure is situate, and
WHEREAS, there has been made an application for exemption
from the definition of subdivision for such conveyance of interests
pursuant to Section 20-19 of the Aspen Municipal Code, and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held in July, 1976, has determined that such exemption is
appropriate provided that:
a. there shall be no additional bath or bedrooms
constructed in either dwelling unit,
b. in the event the existing structure is destroyed,
or replaced, the site shall not be considered available
for construction of two individual residences, but there
shall be permitted only the replacement of a duplex or
construction of one single family structure,
C. the applicane agrees to join any future improve-
ment districts formed for the purposes of constructing
street improvements (including sidewalk, curb, gutter or
paving) or undergrounding of overhead utility lines,
which include the subject property within the proposed
district,
d. the applicant agrees to reimburse the City
for his proportionate share of the cost of the above
improvements should the City elect to construct them
without the formation of a special assessment district,
and
e. neither of the dwelling units shall be leased
for a period of six (6) months, except for two (2) short
term rentals,
f. that there be imposed a subdivision dedication
fee calculated pursuant to Section 20-18, AN
o subseet3er�-�A--18 �aj�r�—to-the-giant-ra-r�otwithstand-
i-ng, and
WHEREAS, the City Council has found the proposed division
of interest in the existing structure to be without the intents and
purposes of subdivision regulation provided that the constraints
imposed in subsections a,b,c,d,e, and f, above, proposed by the
Planning and Zoning Commission, be maintained,
THEREFORE, the City Council of the City of Aspen does
hereby determine that the proposed division of interest in the
duplex structure situate on the above -described land is without
the intents and purposes of subdivision regulation, and does, for
such reason, grant an exemption from the definition of subdivision
for such action,
PROVIDED, HOWEVER, that this grant of exemption shall at
all times be conditioned on compliance by the applicant, his heirs,
assigns and successors in interest, with the conditions with respect
to -extension, replacement and contribution to the cost of public
improvements and leasing, itemized in subparagraphs a through e
above; which conditions shall be deemed a covenant running with
the land and burden the same,
PROVIDED, there shall be imposed a subdivision dedication
fee for such proposed conveyance of separate interests, the same
being payable in full by the dedication to the City of Aspen by
Peter Brinkman or -his successor of a parcel of land comprising
871 square feet which is a narrow trim f land protruding
into the Aspen Municipal Golf Course., /
Date:. AAE'.Uoc_ Z6
STAGY STANDLE, III, MAYOR
I, KATHRYN S. HAUTER, do certify that the foi-egoing
Statement of Exemption from the definition of Subdivision was
considered and approved by the Aspen City Council at its regular
meeting held Monday_, December 13, 1976, at which time the Mayor,
STACY STANDLEY, III, was authorized to execute the same on behalf
of the City of Aspen.
2 -
KATHRY S. HAUTER, CITY CLERK
STATE OF COLORADO ) -
ss.
County of Pitkin )
The foregoing was acknowledged before me this ,.,)day
1976 STACY STANDLEY III and KATHRYN S.
ofP, b Y
HAUTER, personally known to me to be the Mayor and City Clerk,
respectively,of the City of Aspen.
Witness my hand and official seal.
My Commission expires:
J,�
Notar� Public
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LOT 23
WEST ASPEN SU15DIV1510N
FILING No. 1
R=23G.r.3
r L-(01370
F NO R E bt Q 6 CAP
I, Harold W. Johnson (Johnson-T�ongfellow & Associates),
a registered surveyor in the state of Cclorado, do hereby
certify that on the 13th day of October, 1976, a survey
was made under my direct supervision of the rror.erty shown
hereon and a two-story frame duplex was found to be located
entirely within the lot lines. Corners were found or set
as shown on this plat. All easements or encroachments
in evidence or known to me are shop:n. Said survey is true
and accurate to the best of my knowledge and belief.
,7ohnson-Longfellow & Associates
By
Harold W. Joii G LS 9018
W Of
p� .61ST6k fa ��r
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9 0 1 8
December 10, 1976
• 0
December 10, 1976
WEST ASPEN SUBDIVISION
FILING NO. 1, LOT 23
PARCEL 1
A parcei of land being part of Lot 23, West Aspen
Subdivision, Filing No. 1. Said parcel is more fully described
as follows: beginning at the northernmost corner of said Lot 23,
thence S 501491E, 59.28 feet; thence S 38°12'W, 60.86 feet;
thence S 510481E, 10.10 feet; thence S 38112'E, 57.63 feet;
thence N 52006'W, 68.45 feet; thence N 37°54'E, 122.24 feet to
the point of beginning. Said parcel contains 7,745 sq.ft.
more or less.
PARCEL 2
A parcel of land being part of Lot 23, West Aspen
Subdivision, Filing No. 1. Said parcel is more fully described
as follows: beginning at the easternmost corner of said Lot 23,
thence 124.26 feet along a curve to the left having a radius
of 236.63 feet,( the chord of which bears S 24°08'28"W, 122.83
feet); thence N 52°06'W, 91.73 feet; thence N 38°12'E, 57.63
feet; thence S 51°481E, 10.10 feet; thence N 38°12'E, 60.86
feet; thence S 50°491E, 71.72 feet to the point of beginning.
Said parcel contains 9,148 sq.ft. more or less.
PARCEL 3
A parcel of land being part of Lot 23, West Aspen
Subdivision, Filing No. 1. Said parcel is more fully described
as follows: beginning at the southernmost corner of said Lot 23,
thence 147.69 feet along a curve to the left having a radius
of 189.90 feet (the chord of which bears N 29°49'07"W, 144.00
feet); thence S 52°06'E, 91.95 feet; thence 68.70 feet along
a curve to the left having a radius of 236.63 feet ( the chord
of which bears S 0°47'52"W, 68.47 feet) to the point of begin-
ning. Said parcel contains 1,025 sq.ft. more or less.
MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Subdivision Exemption - Duplex owned by Peter Brinkman
DATE: December 9, 1976
This is a request for subdivision exemption by Peter Brinkman on
Lot 1, Block 23, Aspen Townsite to condominiumize an existing duplex.
The property is contiguous to the Aspen Golf Course and children's
park. The request was approved by the Planning and Zoning Commission
on July 20, 1976 conditioned on the following comments of the Planning
Office:
1. We have contacted the Parks Department concerning
possible land dedication for children's park.
They recommend public dedication of certain land
contiguous to the park as fulfillment of the open
space dedication requirements. This request is
precipitated by the unusual configuration pro-
truding into the Golf Course and park area. The
application has agreed to this request and for this
parcel of approximately 871 square feet in size
will submit a deed to the City.
2. We suggest requiring appropriate restrictions on
the units for limiting use to a minimum of six (6)
month leases.
3. The Engineering Department has no comments on the
request.
The Planning Office recommends approval of the Subdivision Exemption
conditioned on the above requirements. A survey of the property and
land to be deeded to the City will be available for inspection at your
December 13, 1976 meeting.
• •
0 •
APPLICATION FOR EXEMPTION
Pursuant to Section 20-19 of Chapter 20 of the Municipal
Code of the City of Aspen, PETER BRINKMAN, hereby applies for an
exemption from the definition of the term "Subdivision" with
respect to the real property described as:
LOT 1, BLOCK 23 of
West Aspen Subdivision
City and Townsite of Aspen,
Pitkin County, Colorado.
The applicant submits that the exemption in this case would be
appropriate.
The application involves subdivision of an existing
duplex. The owners of the property will be tenants -in -common
and there will be a declaration of restrictions applicable to
the property and does not in any way increase the land use impact
of that property. The applicant submits that such an exemption
in the instant case would not conflict with the intent and purpose
of the subdivision regulations which are directed to assist,
among other things, orderly, efficient and integrated development
of the City of Aspen; to insure the proper distribution of popula-
tion; to coordinate the need for public services; and to encourage
well planned subdivision. They are directed to considerations of
subdivision design and improvements and to restrict such building
where it is inappropriate after considering its land use impact.
In the present application those decisions cannot be made
as the building exists, and the density would not effect the pre-
vailing contemplated or desired population density on this property.
We would greatly appreciate your consideration of this
matter at your next regular meeting.
Wngqe(1, ers n
licant(
• 0 00
MEMORANDUM
TO: Aspen F4anft4fl+-Ce�ion
FROM: Planning Staff (HC)
RE: Subdivision Exemption - Duplex owned by Peter Brinkman
DATE: 4viy--1-5r, 1976
occ S
This is a request for subdivision exemption by Peter Brinkman on
Lot 1, Block 23, Aspen Townsite to condominimize an existing duplex.
The property is contiguous to the Aspen Golf Course and children's d�T�or{ � Ou
park. The request was dabfieZt b,4'P & Z on }tme- 5, 1976,_*@fHirg G0
r 1 T/ C /L �., �6 $
lsng-term housing- 4ptou'd Sti/7 zo Cva .e.,•TS er T i4
The comments of the Planning Office are as follows: PC.
1. We have contacted the Parks Department concerning
possible land dedication for children's park.
They recommend public dedication of certain
land contiguous to the park as fulfillment of the
open space dedication requirements. This re-
quest is precipitated by the unusual configuration
of the Lot 1 which has a narrow triangle of land
protruding into the Golf Course and park area.
The applicant has agreed to this
wIGL SVA-, d�sal TO 1 C, 7r/
request 4- Nd ��'S -� T Q-
/r-OA 7-N,S �Oor^e4t oA= a//+A-0k. d�/� ' �... rite,
2. We suggest requiring appropriate restrictions on
the units for limiting use to a minimum of six (6)
month leases.
3. The Engineering Department has no comments on the
request.
The Planning Office recommends approval of the Subdivision Exemption
conditioned on the above requirements. P -. - .r -P
A OR 00 A i c, K � c/ G •r,..� p rd &f of r e V e d 7v ,-,Vt 4%e
wi G C S C vi►�/o ��� /_6 2 i•v Sp e c% e oo 4X y d de 1
p e c.
TO:
FROM:
RE:
DATE:
MEMORANDUM
Dave Ellis
Planning Staff (HC)
Subdivision Exemption - Peter Brinkman
May 24, 1976
Enclosed is a request for Subdivision Exemption by Peter Brinkman
on Lot 1, Block 23, Aspen Townsite, for an existing duplex.
We have tentively set June 15, 1976 as a review date before the
Planning and Zoning Commission. Please comment on the application
by June 9, 1976.
Thank you.
NOVEMBER, 1974
ASPEN PLANNING AND ZONING COMMISSION
RESOLUTION EXEMPTION FROM THE
DEFINITION OF SUBDIVISION REGULATIONS
WHEREAS, Peter Brinkman has made application for
an exemption from the definition of subdivision regulations
pursuant to Section 20-10 (c) of the subdivision regulations,
and
WHEREAS, the request is to allow condominiumization
of an existing duplex on already platted Lot 1, Block 23 of
West Aspen Subdivision, and
WHEREAS, the Aspen Planning and Zoning Commission
has reviewed said request and finds that the design require-
ment of 20-7 of the subdivision regulations have been met,
NOW THEREFORE BE IT RESOLVED, that the Aspen
Planning and Zoning Commission exempts said duplex on Lot
1, Block 23 of West Aspen Subdivision from the definition of
subdivision.
ASPEN PLANNING COMMISS
DATED THIS DAY OF- , 1974
surveyors found several discrepancies.
`-ion Barnard moved that the Benedict exemption be granted on
the grounds that they are not within the intents and
purposes of subdivision. Johnson seconded. All in favor,
d motion carried.
Maddalones, located next to the Benedicts, were also in
need of an exemption to correct the deed.
lion Johnson moved that the Maddalone exemption be granted on
-the grounds that they are without the purpose of the
definition of subdivision. Jenkins seconded. All in favor,
motion carried.
Brinkman Duplex Request was made to condominimize an existing duplex on
r -bob 1, Block 23, West Aspen Subidivision. Mojo felt that
'""'it should be exempt from the definition of subdivision
because of platted lots and blocks.
•:?:.ion Barnard moved to grant an exemption from subidivision and
Jenkins seconded. All in favor, motion carried.
:,:rood Condominiums Attorney Jon Mulford represented the Redwood Condominiums
and Anthony Castellack who would like to be exempted
from Subdivision regulations because the building has
existed for years and has utility and water hookups. Therc
would be two potential owners, John Prosser and Dwight
Shellman, who would use it for employee housing. Barnard
questioned whether it was on platted lots and blocks and
Mr. Mulford explained that the portion Castellack owns
he purchased from the Railroad years ago. Barnard stated
tha the law was clear that if it is not on lots and bloc}:s,
then it comes under. Subdivision. Mulford argued that the
definition refers to concerns over access and utilities
and they have taken care -of both of those problems.
Mojo said that the Planning Office didn't really understan
about the access of the road. Johnson asked if there was
an easement to the road and Mulford said that there wasn't
one.
Mojo said that the Planning Office couldn't recommend
approval since it is without the intents and purposes of
Subdivision and Stanford said that the purpose of those
regulations is to make sure any devlopment that happens
happens according to certain standards.
Schiffer suggested tabling the action until the road ease-
ment problem is worked out with the Planning Office.
Barnard moved to table the motion until the Planning Office
has a chance to research the road access problem. Jenkins
seconded. All in favor, motion carried.
Lion Barnard moved that they have„a study session on the parking
problems for after the next regular meeting. Johnson
seconded.. All in favor, moti.on.carried.
Stanford said that another subject the Coiwnission should
discuss would be the housing problem.
Jenkins moved to adjourn:iand Johnson seconded. All in
favor, meeting adjourned at 5:30 p.m.
Deputy City Clerk
October 21, 1974
The Aspen Planning and Zoning Commission
Box V
Aspen, Colorado 81611
Brinkman duplex
Re; , '"F1ZZ'!i"#�', West Aspen
Subdivision, City of Aspen,
Colorado
Dear Sirs:
Istor
ROY VROOM REALTOR
Box TT, Aspen, Colorado 81611
Phone 925-7151
I would like to request that this project on said property be exempted
from the City of Aspen Subdivision Regulations, and that this matter be
placed on the agenda of the next City of Aspen Planning and Zoning Commission
meeting for consideration.
It is intended that the building be subdivided into two condominium spaces.
Since the above mentioned property was platted into lots and blocks and
recorded in the office of the Pitkin County Clerk and Recorder long before
the effective date of this ordinance and since it exists within the present
boundaries of the City of Aspen and thus fulfills all pertinent design
requirements contained in Section 20-7 of this chapter, the property should
be exempted under Section 20-10 (c) of the City of Aspen Municipal Code.
Respectfully submitted,
Rby VR
RV/bl
Bldg. & Wiring
Bicycle License
❑ Cigarette Tax
❑ Contractor License
❑ Court Fines
❑ Dog License
❑ Dog Impound Fee
❑ Employee Registration
❑ Other C "
T!K
CITY OF ASPEN "
FINANCE DEPARTMENT
CASHIER'S RECEIPT
No.
❑ Misc. & Short Checks
❑ Sales Tax License
❑ Business License
❑ Spec. St. Assess.
❑ Tow Ticket
❑ Traffic Ticket
❑ Maps, Codes & Zoning
❑ Zerox Copies
RECEIVED
1h; -� 76 28497# ***
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