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Home My WebLink Aboutcoa.lu.ex.Lot1,Blk23-W Aspen Subd.1977 1\ ) r/ ~ I)' '( \~ ~Ci GARFIELD & HECHT ATTOHNEl."S AT LAW V!C'T01HAN sQUARE BUILOlNG /'V '<", ASPEN, COLORADO 81611 h C'~~ 801 E. HYMAN STREET RONALD CARFIELD ANDREW v. HECHT BROOKE A. PETERSON February 24, 1977 Mr. Mick Mahoney City Manager, City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Mick: Sb q/~' RE: Pete Park ~ I Brinkman a ion 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. / SUITE 201 Ta:L,II!:P.HONI,: (30:lt 925-1936 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. BAP/kjk Enclosure , , Very truly yours, GARFIELD & HECHT Ii Brooke A. Peterson _ o. 36. W,\RIl,\:\TY DEED-Shorl Fo _ Bna,j(ord C'\l~l'sh'tlil' Co..16~l.';"'; $lto",t S~rul. D.nv...r.Cok i.;.73.501t~16 Tills DEED. .1.delO:x as of the 30th PETER A. BRIN'tcr,I1'N, an unmarried man day of December t 19 76 ' between oftht> Count)' of Pitkin and State of Colorado"of the first part, and THE CITY OF ASPEN, a rmmicipal corporation, organized under the laws of the xXJOc ~ ;ontState of Colorado, oi the second part: WIT:\CSSETH. Th<.\t the said part y oCthe first part, (orand in consideration of the sum of Ten Dollars ($lO.OO)--------------------------------------------~---- DOLLARS, to the- :;aid part y oCthe first part in hand paid by the said party of the second part, the receipt whereof is hercb:,.o confessed and acknowledged. has granted, bargained, sold and con....eyed. and by these presents do '.. grant, bargain. sell. conVCj" and confirm: unto the said part y. of the second part, its heirs and as~igns forever, all the following de3criLed lot or parcel of land, situate,lying.and being in the . County....f Pitkin and State of Colorado, to wit: . A parcel of land being part of Lot 23, West Aspen Subdivision, Filing Ko. 1. Said parcel is rrore fully described as follows: beginnino at the southernrrost =mer of said Lot 23, thence 147.69 feet alancr a curve to t:.'1e left having a radius of 189.90 feet (the chord of which bears N 290 29' 07" W,144.00 feet); thence S 520 06' E, 91.95 feet; thence 68.70 feet along a curve to the left havino a radius of 236 _ 63 feet (the chord of which bears S 00 41' 52" vi. 68.47 feet) to the lXlint of beginning. Said parcel =ntains 1,02;.5 q. ft. rrore' or less. - , Q \--", E' This parcel of land shall be use~~ ~-J , i vate"...r€' . and othe:: uses. appurtenant and necessary for the care a.nd.-r . oyrre~" rmml91.pal parks, lllcluding the municipal golf course, in ~~'~_:~< t~~~n _'. ~\ ,. r~.(.:<:'-.7, \ '.' -.>,...... . :~ - ,.,~. ~'o, " .', . \"''' . , '" . 0 , \. .\. . ;~0\V~ . ; ...,.... ~~<\. \.>. " . .,' v. : ". . '~'/ ,'. TO~ETHER with all and sing~>ii~t; ~" ditaments and appurtenances t.hereunto belonging, or in any wise appertmmng, and the reverSIOn and re...e~.G~ ~S, emamder an~ remainders, rents.1ssue~. and profi,ts the.reof; and all ~he estate, right, interest, claim and demand wnatsoe\Oer of the SaId part Y of the fIrst part. either In law or eqUJty, of, in,and to the above bargained premises, ,....ith the hereditaments and appurtenances. TO HA YE A~D TO HOLD the said premises abo....e bargained and.described, with the appurtenances unto the said part y of the second part, its heirs and assigns forever, And the said party of the fir.:iit part, for him self his heirs, executors, and administrators, do es covenant, Ogr~ult, bargain and agree to and with the said part V of the second part, its heirs and assigns, that at the time of the ensealing and deliver)' of th~~e presents he is well seized o. ~he premises above conveyed, as of good, sure, perfect, absolute and indefeasible e.:iitate of inheritance, in Jaw, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fOl'mas aforesaid, and that 'the same are free and clear from all former and other grants, bargains. sales, liens, taxes, assessments and encumbrances ofwhatevcrkind or nature soe\'er., except general taxes for 1976 payable in 1977, a'1d subject to all reservations, restrictions, =venants and utility easerrents of record in the records of the Clerk and County Pe=rder of Pitkin County, State of Colorado, includin0, but not limited to the Protective Covenants recorded in Boo% 229, at Page 78, as anended bv instruI1l2nt recorded in Book 229, at Page 507 and in Book 309, at Pa0e 499. nnd t:IC ah<!\'t., hHl'gailled pn>mises in the quid and p~,H:eable IH,,,:;.ession of tht' said part Y of the st'cond part. its heirs IInd as~ign:-. lll.::.llllst all and l'H'ry pt'rson or pt'rsoll:;. lawfUlly l'laiminI! or to cl"iOl the: whole or :lny IJan th('rt'l'f, the sa it! part y ofthl' fil'~t part "hall aud will \L\RR.-\:-\T .-\~D FORE\"ER DEFEXD, I~ \\'n:\"E~;-; WIIE1~E()F, Tlw saie) part y oftht., first p;~rt ha S ,I hanl! ,lllll st'al tht' day :llld Yt.'ar fllost aho\'t, ,nittl'no , :! " ,I ! i 1 hl'n'ulltuset his Si;.:rll'd. ~l';dcd ;llld ,f)l'!i\,l'l't'd ill thl' 1'1 t':'t.'lH'l' of . I I ~)tTER A. ~ .i)rmn~\1\rJ ;u.i1.~-Ui1rr.).rricd-riL~;f;ALJ ._.___..__. ~..._______ _.__on_______l,oSALJ . ... __________.____ISE.\L) .--- .~.:..__.-::..:..._:...--._.--=::.~~---------:__._-_._~_._-+~ - -~--_..:. - --'':--='~--- -----_.~=-:... 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, I I I i / 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 meetinq held in July, 1976, has determined that such exemption is appropriate provided that: ./ be no additional bath dwelling unit, or bedrooms a. there shall / constructed in either 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, the QxCeptisR .~;O Of-sub~iOR 2Q-18(a) (5) to-the cORtrary Rotw~thstand- If~ i'f}~h 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, HO~mVER, that this grant of exemption shall at all times_b~ 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, itemi~ed 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 protruding into the Aspen Municipal Golf Course. Date:. Zb#nr..t.w /~ /9zt I, KATHRYN S.-HAUTER, do cer ify.that c Statement of Exemption from_the definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held ~ondaYJ= December 13_. 19J6_, at which time the Mayor, STACY STANDLEY, III, was authorized-to execute the same on behalf of the City of Aspen. - ~. - -- .-- -_~ vi #ou~ KATHR S. HAUTER, CITY CLERK ,.---.-."---"::: ::~ ,- -2--" - STATE OF COLORADO ) ) ) --.... ss. County of pitkin The foregoing was acknowledged before me this l~trJday of j)u'f,m))..v~c), 1976, by STACY STANDLEY, III and KATHRYN S. 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: r''"' / 7.1 / 919 'YJJ(HfJU-VU.tO 'tf/c..4tclutU-.L Nota~ Public --/- ..L _________ / ,/- .- -- .---- .~- - 3 - - - 5'5O"49'\: \31.CO' '59,28' 71.72 <11 ~8 ~lQ 1'10 2'" ?D. ~ (\I r! .u ~ ~ :z I I ~ ,", 1'$. 1'1\ I ~ I I I I I I j I I , I I I I I I ~..j I I I I 7 ~~~:~:::::~:-4:~~;;-l.- -----------_ c..e.4S' I 91.7-;-- N 5Zccyo'W lD8.'2,3" >>52..0/0' W ''FW'05P\\(E. . 1'3...... o . ~ ~ II.. b N '.. .....0 r- 5:55' Ilia... &,0 o .n ~ 25.\&" ~ . ill .,g t'- III III '" Pl>RCEL Z 9,\4e.Q 22.... Pl>.RCE.L 1 77450 "' to ..... FNO fl.E.ell.~ e..CAf" . 5E.i ?-EeAR. a. c~ I I I I i"" I I \ \ \ \ i \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~...Lgs' \ PM:.CiOL a -"" IO'2."5-~ R~ IB<:!l.9O' L'I""\7.I09' LOT '2.:3 'NE:5'T A5PEN SUeoOIV15\ON FILINC- No.1 I, Harold \.1. Johnson (,Johnson-T,ongfellow & Associates), a registerecl s'~rJe"or in the state of Colorado, do hereby certify that on the 13th day of October, 1976, a survey was made under my direct supervision of the p~o~ertv 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 shown. Said survey ~s true and accurate to the best of my knowledge and belief. JOhnson-Longfellow & Associates Bv 7-f~~- Harold W. ,Toh LS 9018 ^ W JO,' v........ 71- O)~~\STI:Ric;.lf' . ,Q::.'<r '0)' ~. .. -"1 \ -t-: ~y t .. 18 :." . t1'~: 90 :", 'I . .. '.~. ". (' ,.!!. . -.'\. '.. ~~"., .' .;,.".:' '. . \{~ ,- ',0 f""':''\ . ,.-.n ~'1;~LL'~;~;+; December 10, 1976 " . ... December 10, 1976 WEST ASPEN SUBDIVISION FILING NO.1, LOT 23 PARCEL 1 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 northernmost corner of said Lot 23, thence S 50"49'E, 59.28 feet; thence S 38012'W, 60.86 feet; thenc2 S 51048'E, 10.10 feet; thence S 38012'E, 57.63 feet; thence N 52006'W, 68.45 feet; thence N 37054'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 24008'28"W, 122.83 feet); thence N 52006'W, 91.73 feet; thence N 38012'E, 57.63 feet; thence S 51048'E, 10.10 feet; thence N 38012'E, 60.86 feet; thence S 50049'E, 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 29049'07"W, 144.00 feet); thence S 52006'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 0047'52"W, 68.47 feet) to the point of begin- ning. Said parcel contains 1,025 sq.ft. more or less. " , r , ",.y< ~ " 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 DO 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. 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. (' ...... ,,-<.pi MEMORANDUM c,~ {d"..-c'! TO: Aspen Pliil1l,iR9 !;;8"",i99ion FROM: Planning Staff (HC) RE: Subdivision Exemption - Duplex owned by Peter Brinkman DATE: <J..l'y IS, 1976 O( G "6 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 7 'OJ;) park. The request was ~~::~ b-J"p & Z on ~u..~ ~~' 1976,..,.,~:~il'9 (,O~ ,'...... i r.llii:Gl,*!i~I" ef ~~~ i55118 . 'u;ng r1isnhr ~~ T + I'~J;d:.: . 1 llk F.l1.()I/I'" lQll.9 terlh I,uu~ IIIIJ. "'7"."'" :S.d? ~o Co....e.-7S .1"' il4 The comments of the Pl anni ng Offi ce are as fo 11 ows: PL. ()~. 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 p1"elilllliR'~"Y agreed to this, ..1 Tc J'7I4.C,)z. request.....N.I. ....(i1o-,,s .... w,Le. .I"~".T ... 01"_ 0 ? HIf. TJI':/, ,,.,,.t,,t 01= fil'/,.....J(, 8?1-,' ,... s/a~. 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. "'" By> ~.e '-'~ .r.,AV"''' 774 p,..tlP'" i~ If"'; c._O To e~ t:lHIt'..oI' 7eJ.r~ &.-7~ tv/(.( ,(.t n~I"'''/'~/~ I"c)tt "";!ftteTU'" Q~ ~d"'-c .,-. ., ., ,7/-vL. 6/= p (' C. /) /' "1~ " ~..~ ~~ MEMORANDUM TO: Dave Ellis FROM: Planning Staff (HC) RE: Subdivision Exemption - Peter Brinkman DATE: 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 DATED THIS 2 DAY 0,,141,,<1&-( , 1974. cion ./ ",ion Brinkman Duplex .( ;- Dt.ion , '8wood Condominiums I . . cion tion l~ surveyors found several discrepancies. Barnard moved that the Bencdict exemption be granted on the grounds that t.hey are not within the intents c!Dd purposes of subdivision. Johnson seconded. All in favor, motion carried. Haddalones, located next to the Benedicts, were also in need of an exemption to correct the deed. Johnson moved that the Haddalone exemption be granted on .the grounds that they are without the purpose of the definition of subdivision. Jenkins seconded. All in favor, motion cart.ied. ( Request ~las made to condominimize an existing duplex on bot-l, BlOCK 23, \~est Aspen Subidivision. 110jo felt that it should b2 exempt from the definition of subdivision because of platted lots and blocks. ;'j\J ~." Barnard moved to grant an exemption from subidivision and Jenkins seconded. All in favor, motion carried. Attorney Jon Mulford represented the Redwood CondominiuQs and Anthcny Castellack who 1<lOuld like to be exempted from Subdivision regulations because the building has existed for years and has utility and water hookups. Thcr( would be two potential owners, John Prosser and Dwight Shellman, who would use it for employee housing. Barnard questioned whether j t ,vas on platted lots and blocks 2,nd }1r. Hulford explained that the portion Castellack owns he purchased from the Railroad years ago. Barnard stated tha the law was clcar that if it is not on lots and blocks, then it comes under Subdivision. Mulford argued that tLe definition refers to concerns over access and utilities and they have taken care of both of those problems. Mojo said t.hat tlK' Planning Office didn't really understi:r:( 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. Barnard moved that they have.a study session problems for after the next regular meeting. seconded. All in favor, motion carried. on the parking Johnson . SL,n[on'1 !;aic1 that anotheJ: subject the Commission should discuss would be the housing problem. ,1,'nkins moved to ildjourn .land Johnson seconded. All in fd\'or, meeting ildjourncd at 5:30 p.m. / I _~..:~t..~-,..+~~:._._ ..._._.._!_l.~___ Deputy City Clerk - ~.- y ROY VROOM REALTOR October 21, 1974 Box TT, Aspen, Colorado 81611 Phone 925-7151 The Aspen Planning and Box V Aspen, Colorado 81611 zoning Commission I Brinkroan duplex Re; J..rUl.. L..), &.l.J..-L.11Y #-1., West Aspen Subdivision, City of Aspen, Colorado Dear Sirs: 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. ; *t::;n, i~;, R~ VR~ RV/bl