HomeMy WebLinkAboutcoa.lu.ec.Potvin/Doremus Lot Split 1982
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Potvin/Doremus Subdivision Exception - Lot Split
DATE: July 28, 1982
Location:
Lots N, 0, P and Q, Block 43, Aspen Original Townsite
zoning:
R-6
Lot Size:
12,000 square feet
Applicant's
Request:
The applicants are requesting a subdivision exception
for a lot split pursuant to Section 24-11.2(d) of
the Code.
Referral
Comments:
The Engineering Department had the following comments
regarding the proposed lot split:
1. The plat should be amended to include the following:
a) a title of lot split;
b) indication of the area of Lot P which was
restricted from development by the Board of
Adjustment's variance approval;
c) clear indication of N, 0 and P, Q as separate
ownerships; and
d) all approval and recordation certificates.
2. The lot split plat should be the standard required
size of 24 inches by 36 inches for the purposes of
recordation.
3. Both parcels created should be required by covenant
to join a sidewalk improvement district should one
be created in the future.
The Attorney's Office and the Building Department had
no comment on the proposed lot split.
Planning
Office
Review:
The request for a lot split should be reviewed according
to Section 24-ll.2(d) of the Code which allows a lot split
as an exception from GMP procedures, provided that:
1. The tract of land being divided has a pre-existing
dwelling unit, and
2. No more than two lots are created.
Our review shows that a dwelling unit exists on Lot N
and o. The two lots created by the lot split will each
be approximately 6,000 square feet, conforming lots in
the R-6 zone district.
A deck on the existing structure encroaches upon the
required side yard setback for Lots Nand O. The
applicant has obtained a variance from the Board of
Adjustment in order to allow this deck to protrude into
the setback after the lot split, provided the owner of
the new lot, John Doremus, agrees to restrict develop-
ment in his sideyard running the length of the deck to
an amount equal to that not provided due to the en-
potvin/Doremus Sub(!t""'Tision Exception - Lot Spl' "
Page Two ,"""
July 28, 1982
croachment. In essence, the distance between the
existing deck and any future structt ce on Lots P and
Q must be 10 feet, the total of the two sideyard
setbacks.
Planning
Office
Recommen-
dation:
The Planning Office recommends the approval of the
Potvin/Doremus Lot Split provided the three recom-
mendations of the Engineering Department given in
this memorandum are met.
TO:
FROM:
RE:
DATE:
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MEMORANDUM
Aspen Planning and Zoning Commission
Alice Davis, Planning Office
Potvin/Doremus Subdivision Exception - Lot Split
October 5, 1982
Location:
Lots N, 0, P and Q, Block 43, Aspen Original Townsite
Zoning:
Lot Size:
Applicant's
Request:
Referra 1
Comments:
Planning
Review:
R-6
12,000 square feet
The applicants are requesting a subdivision exception for a
lot split pursuant to Section 24-11.2(d) of the Code.
The Engineering Department had the following comments regarding
the proposed lot split:
1. The plat should be amended to include the following:
a) A title of lot split;
b) Indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance
approval;
c) Clear indication of N, 0 and P, Q as separate owner-
ships; and
d) All approval and recordation certificates.
2. The lot split plat should be the standard required size of
24 inches by 36 inches for the purposes of recordation.
3. Both parcels created should be required by covenant to
join a sidewalk improvement district should one be created
in the future.
Office
The request for a lot split should be reviewed according to
Section 24-11.2(d) of the Code which allows a lot split as an
exception from GMP procedures, provided that:
1. The tract of land being divided has a pre-existing dwelling
unit, and
2. No more than two lots are created.
Our review shows that a dwelling unit exists on Lot Nand O.
The two lots created by the lot split will each be approximately
6,000 square feet, conforming lots in the R-6 zone district.
A deck on the existing structure encroaches upon the required
side yard setback for Lots Nand O. The applicant has obtained
a variance from the Board of Adjustment in order to allow this
deck to protrude into the setback after the lot split, provided
the owner of the new lot, John Doremus, agrees to restrict
development in his sideyard. The variance states that develop-
ment in Doremus' side yard is not allowed within 92 inches of
the property line running a length of 39.45 feet with this 39.45
feet centered on the center of the deck.
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Potvin/Doremus Subdivision
Page Two
October 5, 1982
Exception - Lot Split
Planning Office
Recommendation:
The Planning Office recommends the approval of the
Potvin/Doremus Los Split provided the three recommendations
of the Engineering Department given in this memorandum are
met, and provided the requirements of the variance are
also met.
of
TO:
FROM:
RE:
DATE:
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MEMORANDUM
Aspen City Council
Alice Davis, Planning Office
Potvin/Doremus Subdivision Exception - Lot Split
October 26, 1982 APPROVED AS TO FORM; ~~~~
Location:
Lots N, 0, P and Q, Block 43, Aspen Original Townsite
Zoning:
Lot Size:
Applicant's
Request:
Referra 1
Comments:
Planning
Review:
R-6
12,000 square feet
The applicants are requesting a subdivision exception for a
lot split pursuant to Section 24-11.2(d) of the Code.
The Engineering Department had the following comments regarding
the proposed lot split:
1. The plat should be amended to include the following:
a) A title of lot split;
b) Indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance
approval;
c) Clear indication of N, 0 and P, Q as separate owner-
shi ps; and
d) All approval and recordati on certificates.
2. The lot split plat should be the standard required size of
24 inches by 36 inches for the purposes of recordation.
3. Both parcels created should be required by covenant to
JOln a sidewalk improvement district should one be created
in the future.
Office
The request for a lot split should be reviewed according to
Section 24-11.2(d) of the Code which allows a lot split as an
exception from GMP procedures, provided that:
1. The tract of land being divided has a pre-existing dwelling
unit, and
2. No more than two lots are created.
Our review shows that a dwelling unit exists on Lot Nand O.
The two lots created by the lot split will each be approximately
6,000 square feet, conforming lots in the R-6 zone district.
A deck on the existing structure encroaches upon the required
side yard setback for Lots Nand O. The applicant has obtained
a variance from the Board of Adjustment in order to allow this
deck to protrude into the setback after the lot split, provided
the owner of the new lot, John Doremus, agrees to restrict
development in his sideyard. The variance states that develop-
ment in Doremus' side yard is not allowed within 92 inches of
the property line running a length of 39.45 feet with this
39.45 feet centered on the center of the deck.
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Memo: Potvin/Doremus Subdivision Exception - Lot Split
Page Two
October 26, 1982
P & Z and
Planning Office
Recommendation:
P & Z and the Planning Office recommend the approval of the
Potvin/Doremus Lot Split provided the following conditions
are met:
1. The plat should be amended to include the following:
a) A title of lot split;
b) Indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance
approval;
c) Clear indication of N, 0 and P, Q as separate owner-
ships; and
d) All approval and recordation certificates.
2. The lot split plat should be the standard required size
of 24 inches by 36 inches for the purposes of recordation.
3. Both parcels created should be required by covenant to
join a sidewalk improvement district should one be created
in the future.
4. The requirements of the variance granted by the Board of
Adjustment must be met.
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February 17, 1982
Aspen/Pitkin County Planning Office
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
Re: Sally Allen-Potvin, L\ale A. Potvin and John Doremus
Subdivision Exemption
Dear Planners:
Please consider this letter formal applica~iQn to the Aspen
Planning and Zoning Commission for an ex~ti~en fran the term
"subdivision ," as provided for in the Aspen funicipal Code,
Section 20-l9(b.), with respect to the proposed division of
City lots.
As the accompanying map shows, the property consists of Lots N,
0, P and Q, Block 43, City of Aspen with a single story frame
dwelling which will be the residence of the Potvins.
The Potvins and John Doremus wish to parcel off Lots P and Q
from the remaining two lots and dwelling so that these lots
might become available as a single-family building site for
John Doremus. As can be seen, the new building site (Lots P
and Q) will consist of two vacant City lots of 6,000 square
feet in total size. The existing Potvin residence will remain
on Lots Nand 0 consisting of 6,000 square feet. A further
examination of the map indicates that the Potvin residence will
be conforming as to rear and front yard setbacks. The deck on
the Potvin residence encroaches on the side yard setback
between Lots Nand 0 and Lots P and Q. The deck is entirely
within the boundary lines of Lots Nand O. If necessary for
exemption from the term "subdivision ," the Potvins will apply
for a side yard setback variance or they will reduce the size
of the deck to conform with the required side yard setback.
Aspen/Pitkin County Planning Office
February 17, 1982
Page 2
The existing residence conforms to the proposed floor area
ratios in that it consists of 2,368 square feet, including the
basement with a 584 square foot carport. A maximum of 3,126
square feet with a 600 square foot garage will be allowed on
such a lot.
The property is presently zoned R-6 Residential, which allows
single-family dwellings on 6,000 square feet of lot. The two
parcels will continue to conform with all applicable
subdivision rules and regulations. There will be a reduction
of original density from four lots to two parcels. This
separation will, therefore, not be inj urious to other property
in the area.
Ordinance No.3, 1978, allows a lot split exemption from the
GMP provided there is an existing dwelling and no more than two
lots are created. Current City policy allows an exemption from
subdivision requirements for the division for lots in this
manner. We would appreciate your earnest consideration of this
application.
Enclosed is a copy of our contract to purchase Lots N, 0, P and
Q, Block 43, City of Aspen. All contingencies have been waived
or met. A copy of the deed will be forwarded to you as soon as
we receive it after the March 5, 1982 closing. Enclosed also
is our check for $475.00 representing the fee for this
application.
Sincerely yours,
-t/'~ ~-A?~-
Sally Al~fvin
<~ ~ j, \'J,,-'
,~~l A. Potvin
'--' ~ JJk,~,
, ohn Doremus
SAP :ngr
Enclosures
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:: Th"l'rinlt.d p"rlil>n~ orlhi~ form &1'l'rI.".d h~ th..
. C..h.ud.. Ii...l Eslal" C(,mmi~~ion (SC 20-2.81)
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THIS IS J UUlINSTRUM[NlIF NOT UNDERSTOOD, LESAL TAX OR OTHER COiJNSEl SHOULD BE CONSULTED BEFORE SJSH1HS.
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RESIDENTIAL
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
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] I 1. The undersigned agent hereby acknowledges having received from __~?le A. PQ.tvin and
Sally All,"n-Potvin and John Doremus_ ~ ~_the sum of$lO .000. 00 ,in the form of
two personal checks ,to be held by FITZGERALD REAL ESTATE CO.
broker, in broker's escrow or trustee account, as earnest money and part paym~nt for the following described real
estate in the Aspen County of ~ Pit~~.~ ,Colorado, towit:
Lots N, 0, P and Q, Block 43, City of Aspen, Colorado
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I together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as
I hereinafter provided, in their present condition, ordinary wear and tear excepted, known as No. 320
.,.1 West Bleeker Street t Aspen. Colorado 81611 ,and hereinafter called the Property.
, (Street Addre~s, Cit)., Zip)
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2, Subject to the provisions of paragraph 17. the undersigned person(s) Dale A. Potvin and SaIl v
Allen-Potvin and .I ohn Doremus r/aJ;1<fiMtlel>#tj.;/tenants in common),
hereinafter called Purchaser, hereby agrees to buy the Propert;y, and the undersigned owner(s), hereinafter called
Seller, hereb)' agrees to sell the Property upon the terms and conditions stated herein.
3. The purchase price shall be U.S. $ 4nl) ,DDD-OD-_, payable as follows: $10,000. 09hereby receipted {or;
$160,000,00 payable by cashier's or certified check upon
delivery of deed. Purchasers shall execute their note
and first lien deed of trust payable to Seller in the
amount of $295,000.00 and payable in monthly installments
of principal and interest of $3076.25 at the rate of 12%
per annum. The remaining unpaid balance of principal and rkr~
earned interest shall be due and payabl e on or before the -6,,(' '1'1
third anniversary of execution of said note. Purchasers
shall have the privilege of prepayment of any amount at I
any time without penalty. Each party agrees to pay their I
own closing costs.
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4, Price to include any of the following items currently on the Property: lighting, heating, plumbing, ventilating,
and central air conditioning fixtures; attached TV antennas andlor wa.ter softener (i{ owned by Seller); all outdoor
plants, window and porch shades, venetian blinds, storm windows, storm doors ~creens, curtain rods, drapery roda,
attached mirron, linoleum, noor tile, awnings, fireplace screen and grate)bffJCin kitchen appliances, wall-to.wall
carpeting, washer and dryer, and all furnishings listed in inventory on file with
Fitzgerald Real Estate.
an in their present condition. conveyed free and clear of all taxes, liens 'and encumbrances except as provided in
paragraph 11; provided, however, that the following fixtures of a permanent nature are excJuded from this sale: None
Personal propert). shall be conveyed by bill of sale.
6. if a new loan is to be obtained by Purchaser from a third party. Purchaser agrees to promptly and diligently (a)
apply (or such loan, (b) execute all documents and furnish all information and documents required by the lender, and
(c) pay the customary costs of obtaining such loan. Then if such loan is not approved onor before Nt A .
19_, or if so approved but is not available at time o{ closing, this contract shall be null and void and all payments and
things of value received hereundt'T shall be returned to Purchaser,
I' 6. If a note and trust deed or mortgage is to be assumed, Pur('ha~er a~Tees to apply for a loan assumption if
; I required and agrees to pay (1) a loan transfer fee not to exceed $ Nt A and (2) an interest rate
not to exceed N I A % per annum.lfthe loan to be assumed has provisions {or a shared equit,' or variable
interest rates or variable payments. this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's consent to a loan assumption is required, t his contract is conditioned upon obtaining such
con~ent without change in the terms and conditions of such loan except 8~ herein provided.
7. tu'~/~ji~;~v~~if~}~~f1~fV~/~Pf/~,lrlfiVrff1y~r/'V1~~/~f~Plflfr/rPpI14Yft4IfP;
/cI<Nf>Nf'!\f ~'I riYcNJ.I'1"I1'PI'f1 f'/N'fY<'f'N'/'"fN 1rl'N I
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~o, S(,.20.2.E'1. (".,nt~HI lu Jiu, and S..lI H...1 [~I.I.. (R..~id.nli..ll. ~ Hr..dfurd f'l.Ihllsh'rJj.: Cu.. \.~,I
~~~~.... f>lh..".. .l~~""l>l.Id.CO~O~14_(lO~I~~\.t>>J()(l_~.~1
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8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by N/ A
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9. An abstract of title to the Property, certified to date. or a current commitment for title insurance policy in an
amount equal to the purchase price. at Seller's 0ption and expense, shall be furnished to Purchaser on or before
February 22 .19 82 . If Seller elects to furnish said title insurance commitment, Seller will
deliver the title insurance policj' to Purchaser after closing and pay the premium thereon.
10. The date of closing shaH be the date for delivery of deed as provided in paragraph 11. The hour and place of
c10singshall be as designated by THE FITZGERALD REAL ESIATJLl:OMl'ANY
11. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject
to payment or tender as abo\'e provided and compliance by Purcha."t'r with the other terms and provisions hereof,
Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on
March 5 , 19~, or, by mutual agreement, at an earlier date, conveying the Property free and
clear of all taxes, except the general taxes for the year of closing, and except N / A
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether
assessed or not; free and clear of all liens and encumbrances except None
except recorded and/or apparent easements for telephone, electricity, water, sanitary sewer, and easements
of record which does not effect the title,
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except the (allowing restrictive covenants which do not contain a right of reverter:
None
and subject to building and toning regulations.
12. Except as stated in paragraphs 11 and 13, if title is not merchantable and written notice of defectCs) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable
effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the
date of closing shall be extended thirty days for the purpose of correcting said defect(s), Except as stated in paragraph
13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and_
any special assessments shall be apportioned to date of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser on delivery of deed
subject to the following leases or tenancies: subject to present lease which is a month to
mon th lease.
If Seiter fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for
a daily rental of$ 150.00 until possession is delivered.
16. In the event the Property shal1 be damaged by fire or other casualty prior to time of closing, in an amount of
not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date
herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the
damages exceed such sum, this contract may be terminated at the option of Purchaser and all payments and things of
value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite
such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not
exceeding, however, the total purchase price. Should any fixtures or services fail between the date of this contract
and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the
repair or replacement of such fixtu res or services with a unit of similar size, age and quality, or an equivalent credit.
17. Time is of the essence hereof. If any note orcheck received as earnest money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as
herein provided, there shall be the following remedies:
(a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and re:ained on behalf of S~ller and both parties shall thereafter be released from all
obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DA!\IAGES and
(except as pro"lided in subparagraph (c)) are the SC:LLER'S SOLE ASD ONLY RE~IEDY for the Purchaser's
failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
and additional damages.
(b) IF SELLER IS L\' DEFACLT, (1) Purchaser may elect to treat this contract as terminated, in which case
all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be proper, 0(' ~2) Purchaser may elect to treat this contract as being in full force and effect
and Purchaser shall have the right to an action for specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this
contract, the court may award to the prevailing party all reasonable costs and expense, including attorne~"s' fees.
18. Purchaser and Seller agree that, in the event of any controvl!l'sy regarding the earnest money held by broker,
unless mutual written instruction is received by broker, broker shall not be required to take any action but may await
any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may
recover court costs and reasonable attorneys' fees.
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19. Additional provisions:
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It is understood that Dale A. Potvin and Sally Allen-Potvin and
John Doremus are licensed real estate agents in the State of
Colorado. .
., , ,f;ll,st by tel egram bv Fehruarv q 1982
20. l( this proposal IS accepted by Seller In M'ntmg and' Purcnaser recenres noGce of S'tlcn acceptance on or before
FT ruary 12 . 19-B.L. this instrument shall become a contract between Seller and Purchaser and shall
I inure to the benefit of the heirs, successors and aSligns of such parties, except as stated in paragraph 7.
I (]\ ,?.,
I 'l"\>(,L,o:.".J,,",,..JkCZ tc4k~~2/7 /82
I ~.\Fr . Y / D.te
I ua~ A. P tVln & Sally Allen-Potvin
. ~ 2/7/82
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This contract is contingent upon Purchasers receiving an improvement
survey that satisfies the Purchasers as to their ability to have Lots
N & 0, Block 43, City of Aspen, split from Lots P and Q, Block 43, City
of Aspen. Buyers have until February 19, 1982 to meet or waive this
contingency.
2.
Seller agre~ that upon Purchasers recevinR approval from
the City of Aspen for the separation of Lots Nand 0,
Block 43, City of Aspen from Lots P and Q, Block 43, City
of Aspen they will substitute the existing Note and Deed of
Trust, at its remaining balance, for a Note and Deed of Trust
secured by Lots Nand 0, Block 43, City of Aspen in the
approximate amount of 56% of this remaining balance to be
executed by Dale A. Potvin and Sally Allen-Potvin and a Note
and Deed of Trust secured by Lots P and Q, Block 43, City of
Aspen in the approximate amount of 44% of this remaining,balance
to be executed by John Doremus. Seller agrees to allow
either of these Notes OT Deed of Trusts to be assu~ed by a
qualifed buyer.
This contract is expressly
dated December 31, 1981 on
Dale A. Potvin, Seller and
3.
contingent upon the closing of the
Unit #1, Alpine Acres Subdivision,
James E. Snelson, Purchaser.
contract
between
4. Purchasers agree to pay a Real Estate Transfer Tax to the City of Aspen
at closing.
5.
Broker
THE REAL ESTATE BROKERS
Date
By,
('dY~Q\.'--J
D otvin
John Doremus
Potvin-Box 575 Aspen,
Co.
Doremus 608 East Hyman Aspen. Co.
(The (ollowing section to be completed by Seller and Listing Agent) I
21. Seller accepts the above proposal this th day of February ,19 82. and agrees
to pay a commission of six (6) % of the purchase price for services in this transaction, and agrees that, in Ii
the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall
be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, Bnd the
I balance to Seller.
I
Western Union
2/9/82
Fultz
6000 Western Place, Suite III
Fort Worth, TX 76107
I accept the tenns of the Potvin-Doremus contract of 2/7/82 as written per
telephone discussion of 2/9/82, except 36 month payment terms on note to be
changed to 30 month.
Closing to be on or before 3/5/82.
Fran:
[ate:
Fran:
PROTECTIVE COVEN&~TS
WHEREAS, improvements were constructed upon Lot 0,
by the owners of Lot 0, Block 43, City and Townsite of
Aspen, County of Pitkin, State of Colorado (hereinafter
referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the
"minimum sideyard" requirements presently in effect in
the City of Aspen, as set forth in Section 24-3.4 of the
Aspen Municipal Code, and
1'[ WHEREAS, the owners of Lot 0 are desirous of main-
I, taining those improvements, and at the same time, are
desirous of dividing Lot 0 from Lot P, Block 43, City
and Townsite of Aspen, County of Pitkin, State of Colorado
(hereinafter referred to as "Lot P"), and
WHEREAS, it is required as a condition for the
exemption from the full subdivision procedures, as
defined in the Municipal Code for the City of Aspen, that
permission of the Board of Adjustment of the City of Aspen,
in the form of a variance, from the aforedescribed "minimum
sideyard" requirements be obtained for the maintenance of
the above described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen
is desirous of granting this variance upon the conditions
that the owners of Lot 0 and Lot P adopt covenants affecting
Lot P which prohibits the construction of any type of
improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen, hereby
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adopt the following covenants for the benefit of the owners of
lots 0 and P, Block 43, City and Townsite of Aspen, and for the
benefit of the City of Aspen.
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l. No Building. For such time as the deck exists on Lot
0, and for so long as it violates the "minimum sideyard" require-'
ments, on the boundary between Lot 0 and Lot P, as deinfed in
Section 24-3.4, of the Aspen Municipal Code, in effect within
the City of Aspen, or until such time as the written consent
0f the Board of Adjustment and the owner of Lot 0, Block 43,
City and Townsite of Aspen, is given, or until such time as the
ordinances in effect in the City of Aspen are modified so that
the aforementioned deck is no longer in violation of any
"minimum sideyard" requirements, there shall be no improvements
constructed on that portion of Lot P, Block 43, City and Town-
site of Aspen, more particularly described as follows:
Beginning at a point on the north westerly corner
of Lot P, and proceeding the full length of the westerly
boundary of said Lot; then proceeding easterly a distance
of 5.00 feet along the South boundary of Lot P; then
northerly for 25.00 feet; then easterly for 2.75feet;
then northerly for 29.45 feet; then westerly for 2.75 feet;
thence northerly 45.54 feet; thence westerly for 5.0 feet
along the northerly boundary line of Lot P, to the point
of beginning, containing approximately 580.9875 square
feet, more or less"
which would be in violation of any of the provisions of the
Municipal Code for the City of Aspen. The consent of any party
i including the City of Aspen, shall not be arbitrarily or un-
i reasonably withheld.
2. Enforcement and Remedies. These covenants may be
enforced at any time by the City of Aspen, or by the Town-
site of Aspen, or by the owner of Lot 0, Block 43, City and
Townsite of Aspen. These covenants shall be enforceable by
proceedings for a prohibitive or mandatory injunction.
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Damages shall not be deemed an adequate remedy for any
violation, but in an appropriate case, punitive damages
may be awarded. The prevailing party in any litigation
shall also be entitled to its attorneys' fees and costs
of the action.
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3. Amendment and Termination. These covenants shall
continue to be in full force and effect until January l,
2005, and from year to year thereafter until amended or
terminated by written instrument executed by the owners
of Lots 0 and P, Block 43, City and Townsite of Aspen, and
by the Board of Adjustment of the City of Aspen. Prior
to January l, 2005, these Protective Covenants may be
amended or terminated by recorded instrument executed
by the record owners of Lots 0 and P, Block 43, City and
Townsite of Aspen, and by the Board of Adjustment of the
City of Aspen.
4. Paragraph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
5. Singular and Plural. Wherever utilized herein,
the singular shall be deemed to include the plural, and
the plural shall be deemed to include the singular.
Furthermore, wherever utilized herein the masculine shall
be deemed to include the feminine and the feminine shall
be deemed to include the masculine.
6. Waiver. Waiver or failure to enforce any
restriction, covenant or condition in these Protective
Covenants shall not operate as a waiver of any other
restriction, covenant or condition.
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IN WITNESS WHEREOF, the undersigned have hereunto
set their hands and seals this 1 day of j...,\'1 ,1982.
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I ALE OTVIN
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SALLY... TVIN
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CITY OF ASPEN,
BOARD OF ADJUSTMENT
By:
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MEMORANDUM
TO: Attorney's Office
Building Department
Engineering Department
FROM: Alice Davis, Planning Office
RE: Doremus/Potvin Subdivision Exception (Lot Split)
DATE: June 30, 1982
Attached is an application submitted by Sally Allen-Potvin, Dale A. Potvin,
and John Doremus (Doremus/Potvin Subdivision Exception (Lot Split) for
property located at Block 43, Lots N. 0, P and Q of Aspen. The proposal
is to split lots N & 0 with an existing dwelling from P and Q. House plans
for Lots P and Q call for a deck which at this time encroaches on the side
yard setback. The applicants have applied to the City's Board of Adjust-
ments and received a variance running the length of the deck for the side
yard setback.
See attached Protective Covenants and Minutes. This item is scheduled for
the August 3 City Planning and Zoning Meeting, therefore, please return
comments by Monday, July 19.
Thank you.
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lk'S l~ j, U~.Il :"'~l11I.)l,l[lojl Ii ..01 t.:"'::i.ilSH,~O. l! ;lL .U C:Il C;r:~" :::'.:~',H ~>iOUl[l!H <::k!;JPiC B{fNt[ S,~,'~(i.
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RESIDENTIAL
CONTRACT TO BUY AND SELL REAL ESTATE
(Sdler's remedy limitc,1lo liquidc.'eo Damil9"s)
FE'bruary
A.So~" (--;:~~~!:.l~:~~~
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1. T!le..,H d('r.~if":"".l'~ ;'<':',.r.: }.t"rd::: 1.11,..r:L'W:l-(~~t's. }:a\'i:1J; rt'l",i\"~d ir(,m rat~~~..__EotvtT}__E.n~:L ------ -----
___~.!!J~L!.) 1 (~..r:.::_:?<tY.:l.f~ _;.::~t} .,.2y!~~__ DOX_l:~2t?_?_ _ ___w_ '.t h{~ !'~lrn {IfslQ~ QQ_Q..i'.O__, in tht- {\.~ m of
t"'o persoLaL~~'OS.k_s . to b. held b).-D1:;CC;E,~.b9_~EAL E?T~J'E CO.
broker, in b,ok.H's e!'ocro..... or t.n~$~.(.~ ..(,{'f.unt, 2!' ('arnt'st mo.ne~' ~nd rart ;':.ymt:nt for the following ce!'crit>t.d real
~!':&te in the ~"'~SFe~__._____..__ C(lunty of __Pl t_!:~~..___._, Col(.rado, t{lwit;
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Lots N, 0, P ~~d Q, Block 43, City of ~s?en, Colorado
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tObHher with all impT"('V€::'H~r;t5 tne,pon and all fixturf>5 of a I,errr:ant-nt nature currentl~' on the premises e:xC'ept as
hereinafter provided. in their pre!'.f'nt condition, ordin...ry wear and h'Rr e:xce-pted. known as No. 320
II ~':est Bleeker Street, Aspen. Colorado 81611 ,andhereinafterC'alJed the PrCtpert)..
, l$tH'f! Addrt'!I,.CI!)'.Zlpl
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2. Subject to the pro,,'isions of parai,;raph 17, the undersigned pt:rson(s) Dale A. Potvin and SaIl....
Allen-Potvin and John Doremus .,'/"' '01 'l '01."" )
~ ~ Y.T-rVef.l-f''F',..enantsin C'orr.mon .
hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner{s), he:-einafte:r ca1:ed
Seller, henby bgr!::'es to sell the Propert). upon the term!' and conditions stated herein.
3. The purchase price shall be U.S. $ 4n t;. nnn nn . payable~!' follows: $10,000. 09hereb)' receir,ted for;
$160,000.00 payable by cashier's or certified check upon
delivery of deed. Purchasers shall execute their note Ii
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and first lien deed of trust payable to Seller in the Ii
amount of $295,000.00 and payable in monthly installments 'I
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of principal and interest of $3076.25 at the rate of 12% !,
per annum. The remaining unpaid balance of principal and s~r~tt
earned interest shall be due and payable on or before the ",,,,? 'I'
third anniversary of execution of said note. Purchasers '
shall have the privilege of prep~yment of any amount at'
any time without penalty. Each party agrees to pay their
own closing costs.
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III 4. Pricr to include any of the (ollo.....ing items currently on the Property: lighting. heating, plumbing, ventilating,
and central air conditioning fixtures; attached TV antennas andior waler ~oftener (if owned by Seller); all outdoor
plants, .....indo'\l,. and porch shades, venetian blinds, storm windows, stor m doors icreens, curtain roas, drapery rods,
I attached mirror:!, linoleum, noor tile, awnings, fireplacE' scn."en "nd g;atejb~cttin kit.chen appliances, ",al1-to-",'&lI
carpe-ting, ""~asher and dryer, and all furrlishings listed in inventory on file with
Fitzgerald Real Estate.
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.n in their present C'ondition. con\'e)'ed (ree and clear of all taxes, lien!. -and encumbrances except 115 provided in
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par4l~raph ] 1; provided. hO'\l,.t"ver. that the following fixtures of a pt:rmarlent nature are excluded from thi~ $ale: ~'one
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! I Per!;ur.&l propert). shall Le conve)'ed b}. bill of sale.
I: 5. If... r.i;'W loan is to be obtained b)' Purchbser frClm a third party. Purt.:h8!'t"r l:lgrf'~S to promptl)" and diligently (a)
II &ppl)' for such loan. (b) execute all documents and furnish all infvrmatiur: and doC'umt'nt!' required by the lender. end
(c) pay the C'ustorr.ar)' (,('5-t~ of ohtair,ir.f' such tuan. Then ifsuchloun I.S jl(,t bf,provt'd on or before N/ A .
H'__. lIr if!'o appron...d but is no~ 8\'aiiablE' at time t,f c}osi:-lg" t.hi!' ("or.tract shall Le null and void hnd all p&.rme,.ts hnd
tlllllgS o( 'nllut' rt'ceivl.j :'df'ul:dt'r s,l.lsll Lt. rt'tu:ra.d to Purcha!'~r. '
C. If &. n0tl> ,.':'d truJ-t d/-'("d Clr r.H,rt}.'h~e i~ t.o be a~l'umt'd. f'urd,<s!'.t'r b}:l'"t'(;'\ to appJ). (or a loan assumptiun If
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. rt-quired and hRI""t'('S to pay (1) h J(lan transftr f~t' not to u.("t't'd ~_-2~ and {2} an interest rate
not to (')(ct'f'd _.__'f.,JA ~__. _ 17, pc!" u:;num. Ift),(.loan to 10(. Ml'.~u01t'd has pn,visi(,ns for i: shared {'quity or var.at.;e
ir,tuPl'ot Tl-)It~~ or \'<l.n:"t,l.. p""Y:TH'r,ts. thl~ n::r:tr<srt i~ t'und:~lo:H.d '..:;,or, f'urc'h..."er rE'\'If'.....ir~s:: and cvn~(.r.tinl: to S,,(:-,
;,rr,\'~~ions. If tllt' l('r;dl'r'~ conH'nt tf> f!. lo..n H"'."'iJ/f;;Jtion i~ rt:quHt.ci, ti)j" ('''r~trllct i:-. cCll,ditiont'd upon oLlaininr- f.,H.'t.
C011.~t'nt withfH)~ C"Lnn;.:'(. in ~ ht~ t('nn~ ItnJ condltiun!' o(!'urh 10hn CA{'epl f:I~ ht-f('lr'J proYldt"d,
; NiUJJlM';li/f!Ji/On Tn'!N NUN) HI lffHHI !V1vt/'tNNI'/rF/'NIH.11iN'.^t1
HiJ{f-!f/{ 'f)' r'li"JINh'Pll! N fifl'/11itN ifNI
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. 8. Cost (ir an)' apprni!!ill.l ror loun plJrpn~t~!!i to be nhlainl'"d after thi~ datI:' ~l! be paid b)' N/ A
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9. An aL~trll('t of title tn th~ Pr{1i)c!"l:'.cL.rtlri~'d t,) ,Lltt'. uf n "urr~'nt L'lJrnmllrnt.'nl fur title in"lur:l.nc~ puli..::,' in an
amount t'quat to the purcha:-t.' prine', 011 .5~lh'r's upt:un ,J.nd ~:<p~n~t:'. shall t,~ furnlsh~d to r1..:rch;J.s~r on or t.~rorl:'
Feb ru~a ry 22 . 1:) 8-1__ I! St..];\.' r l"1c'C't~ to f.... r nish said t~ ~le i f'l!!iUr;1nn" com m.l me nt, St:'lla .......ill
deli"'el' the ti~le insu:ar,Cf:' policy to rurc:.;,\..,~r a(tt'r dosj"l.:' and p.l)' tht:' premium thereon.
10. The date or closing shall he t he date Cor d..lin.q.. of dl'eJ a~ pro\'idt:'d in para~rOlph 11. The hour and p::Ju~ of
closing shall be ~s oJ.signaled bl' .--1,fi,E_EIJZGER-"LD_Y!-~AL_EST ATE_CmU'';liY
11. Title 5hall be !Tl~r('nant;J.h1e;n S('jl~r. t''tl't'pl;as lIt:,tt.d in lhl~ fq,:q.;raph and in para~raphs 12 ana 13. SI.!Jj..ct
to ptymt:nt or tt>ndt:r;:l.S abo\"e pro\-iJ._.~ and cump:i:i.nl"O:: uy PUU"h01",...t With tht" other Lt;r;'r.s and ~ro\'isjor~s hc~t-"I.l(.
SeD",r 5!-,all t'x.:co.;te and d~:i\-cr a o:;uod :l:1C ~u:.fi{'i1;'nt ___ ..:;(.;:!t:"-ral.___ w<l.rr...nty deed to Purcr,a:>oo::r On
~~3rch 5 H..82 or t>\' m:.;:~;al.q:n...:~...!1L a, ar. t;';J.rlit-"r riat~..C'onv'!ying th~ Pr{1pt"rt)' ~rt'l:: a.nd
:k-~r-:;-;I~~ax'=-:.~~~~.?:.~-~.~"1~.r31-.~:.:t'~ 'ro~ :he )".-:.ir or \";(,S;!l;':. ~nd i:'XC.t:'j)t ____":JL/!..___ -----.
free and clear of alllit:'ns for spC'cial imrro'it:nlt.-nts installed as of the dat1!' of Purchast'r's sibnature hereon. whdher
a.sse:ised or not; fret" and dear of ;111 C..:ns and !:ncumbranc<.>s eX"cept ~one '
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except recorded andor .apparent ea;;;~;-r.cnts for telt:'phone, el~clricit).. water. sanitary sewer. and easements IJr
of record ~hich does not effect the t1tle,
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except the (ollowing: restrictive covenants which do not contain a r~ght of relierter:
None
and subject to building and zoning regulations.
12. Except as stated in paragraphs 11 and 13. if title is not merchantable and written notice of defect(s) is .riven by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing. Seller shall use reasona~le
effort to correct said defect(s) prior to date of closing. If Seller is unable to c.orrect said defect(s) on or before date of
closing, at S!:ller's option and upon writtC!n notice to Purchaser or Purchaser's agent on or before date of closing. the
date of closing shan be extended thirty days for the purpose of correcting said defect(s). Except as stated in parae-raph
13, if title is not rendered merchantable as pro....ided in this paragraph 12. at Purchaser's option. this contract shall be
void and of no effect and each part)' hereto shall be released from all obligations hereunder a.nd all pa)'ments and
things of value r~eeived h~reunder shall be returned to Purchaser.
13. An)' encumbra.nce required to be paid may b~ paid at the time of settlement from the proceeds of this
transaction or frorr. any other source. Provided, however, at the option of either party. if the total indebtedness
secured bJ'liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all pa)'mer':lS and things of ....alue rp.ceived hereunder shall
be returned to Purchaser.
14. General taxes for the year of closing, based on the most recent lev). and the most recent assessment. prepaid
rents. water rents. sewer rents, FHA mortgage insurance premium~ and interest on encumbrances. if an)'. and_
any special assess;nen ts shall be apportioned to date of de:i....ery of deed.
15. Pouession of the Property shall be delivered to Purchaser on delivery of deed
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subject to the followlng leases or t.enancies: subject to present lease which is a month to
month lease.
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If Seller fails to delh'er possession on the date herein specified, Seller shall be subject to eviction and shall be liable for
a dail)' rental ofS 150.00 until possession is deti...ered.
16. In t.he event the Property shaH be damaged by fire or other casualty prior' to time of closing, in an amount of
'not more than ten percent of the total purchase price. Seller shall be obligated to repair the same before the date
herein provided for deliver)' of deed, In the event such damage is not or cannot be repaired within said time or if the
d3mages exceed such sum. this contract ma)' be terminated at the option of Purchaser and all p8ym~nts and things of
value received hereunder shall be returned to Purchaser. Should Purcha.ser elect to carry out this contract dt'spite
such damage. Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage. not
exceeding, hO\A,.e....er. the total purchase price. Should any fixtures or ser....ices fail between the date of this contract
and the date of possession or the date of deli....er). of deed. whiche....er shall be earlier, then Seller shalt be liable,for the
repair or replacement of such fixtures or services with a unit of similar size, age and quality. or an equi....alent credit.
17. Time is orthe essence hereof. If any note or check received as earnest money hereunder or any other payment
due hereund!:r is not paid, honored or tendered when due. or if an}' other aLligation hereunder is not pc.rrorm~d as
herein providt.-d, there shall be :.he foilowing rt:medies:
(a) IF Pl."RCHASER IS I?\' DEFAL"LT. then all payments and thinKs, of value r~cei"'ed hereunder shall be
forfeited b}' Purchast'C and re:ain€'d on b~half of Scill;:r and both partics shall theft'after be released (rom all
obligations hereunder. It is a~rt'ed :.hat such paym~nls and things of ,'alue- are LIQt't PATEO DA-'1AGES and
(except as pro,,'idt>d in s:Jbparag!'"aph (c)) are the Sf::LLEP.:S SOLE A:\LJ O;-"'LY P.E:'-!EUY for the Purchaser's
failure to perform tht' ohlif'a:.;ons of this contract. Seller expressly wa:"'e~ the remedib of specific perforrr.:::.nce
anJ addi..ional c:Jn:ab~s.
(1::.. IF SELLER IS I:\" PEF.-\L'LT. (I) Pur..:has~': may elcct t() ttt.':lt this contract as tt'rmir:ate~. in which cas.e
nil pllyrlh'nts and thinbs oi valut' reC'ei\'eu h~:-eur.der shall Le- ret\..lr~h.,J to Purcha...er and Purchasl;'r may rt!l'O'''er
such diln~q~e::- as may De pro!\~~r, or ,2.1 Purcha~l:r m<i.Y elt'ct to trt.:'at this contratl iii' hem&" in full force and effect
;and Purd:a:.er shall havt" tht> ri~ht t(l an It{"tion for sp\'cific pl,,'formarl.n.. or darr.ag'f"s, or both.
(c) A..,y~hlr.~~ to thl' CO:ltrafY ~\,;,';r: n()twith~,tanc.irig. in tht' (-\.t.'nt of any liti~:ation a:-isillI:.: nut "f this
Cl'n:.act. lh, ('ourt may ,,"wa,;! ttl tL<'!'I,o...:iil1ng ;"H:Y ~Il r~'a:,nr:a~';~' ('U:-:S and f;<x~..n::-e, includin~ attornc)'s' fees,
It;. J'UI('\;.pl.'r and S",jjer arn.~ !l-,at, in the t'....l.nt of any cr,ntr(l'."'r~y r,'~ar:\liTI.~ the t:arne:>t muney ildd h). hr()k~r:
lln~cs_':' mlltu:11 \\'f;~~i'n in~tructiun i:.- r..('l'iVt"j by },ruk.'r. bl...:"pr ~h:l!i Ildt t!t' r"'luirl:"d to Llkt'!' ;an). :lction hut mny aw;.,jt
an)' rr"(.I'~',!II:;'. or ;l~ brl,kt.r';. opt!..,. ;111(; di"crl.ti'HI, r:l;lj ir.tl''i,ll':\fJ arlY rdO'I\'.y.... 01 ..hjnj.~:. of\'aluc into court .Ind Ill.,)"
f.','U'.":- (',Hlrt ('"(."t:- :lrl~ ft',l."rl;]!';t. ;\{ !ur :I\'~ ;,' ft....,.
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19, Additil!r.:\l J,nl\.i~ivns:
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This contract is continGent upon l'L:Tch:!s(:rs Tc:ceiving an impT0\,1ernt-nt
survev t}~at satisfies :hc Purcl~3s~r5 35 to th~ir ability ~o have Lots
N & O~ Block 43, City of ^spcn, split from Lots P and Q, Block 43, City
of Aspen. BU)'C::TS il,n:e until Fc.btl:ary 19, 19S2 to meet or ",aive this
contingency.
It is understood that Dale A. Potvin and Sally Allen-Potvin and
John Doremus are licensed real estate agents in the State of
I Colorado. ,first bv telegram bv Februarv 9 1982
" 20. If thts proposal is accepted b)' Seller in,wMtlng and Purcna5~r rt-cel..'es not)ce 01 S",Jcn Accepta.r.ce on or before
F~brt:ary 12 . J9.-8.2..-.this instrument shall become a contract b~tween Seller and Purchaser and shall
I! I inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7,
~ r7\ , ./ /j/"x
Ii 6;><.:...G:.,-,,\..I...J /L4et'; t-ai(>~2/7/82 Broker THE REAL ESTATE BROKERS
,i l' baT A. P tvi; & s;;'lly Allen-PotviD~'.
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1 (The follo.;ng' !lection to be completf'd b>' Seller and Liftting Agent)
; 21. Seller accepts the abo\'e proposal this_~ da)' of February ,19 82. and agrees
I to pa.)' a c{;mmission of six (6) % of the purchase price fOT sf:n'ices in this transaction, and .egrees that. in
the event of forfeiture of payments and things of value rt-ceived hereunder, such pa)'ments and things Clf ....alue shall
I be dh'ided between listing broker and SeJler. one.halfthereof to said broker. but not to exceed the commission, and the
j. balance to Seller.
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Selle:- 2f..:rers t hat upon PI1rc;:~:.sc:-rs 1'ec.evin~ ~"i!)pr()\:al frcJrn
t~12 'Citv ~f :~S~Jen for the: S(.; :trf1.1 j(ln of Lots ?\ and 0,
block '13, City' of Aspen fro:~: Jots Pane q, Block 43, City
of Asp0n they will substitute the existing Note and Deed of
',rust, at its re:'Tiaining balance, for a ".ete and Deed of Tn:st
secured by Lots ~ and 0, Block 43, City of Aspen in the
approxim~te amount of 56% of th~s re~~ining balance to be
executed bv Dale A. potvin and Sallv Allen-Potvin and a Xote
and De:ed oi Trust secured by Lots p' and Q, Block 43, City of
Aspen in the approximate amount of 44~ of this remaining,bala~c~
to,be ex~cuted bv John Dorem~s. Seller agrees to allow
either of these ~otes or Deed of Trusts to be assu~ed br a
qualifed bu~'er.
This contract is expressly
dated December 31, 1981 ,on
Dale A. Potvin, Seller and
3.
contingent upon the closing of the
Unit #1, Alpine Acres Subdivision,
James E. Snelson, Purchaser. .
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contract
between
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Purchasers agree
at closing.
to pay a Real Estate Transfer Tax to the City of Aspen
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2/7 /82
('~u.Q~.-J
~otvl.n
By-:
D.~~
John Doremus
Potvin-Box 575 Aspen,
Co.
Doremus 608 East Hvcian Asuen. Co.
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Western Union
2/9/82
Ful tz
6000 Western Place, Suite 111
Fort Worth, TX 76107
I accept 'J1e l.erms of'the potvin-D::l!'emus con1.ract of 2/7/22 as \lTi tten ;>c.r
telep:lOne discussion of 2/9/82, except 3G rronth paylTl2nt terns on note to lx,
c..~al1b,--:d to 3...1 r:-r_'l:;th,
CI(~ing to be on or before 3/5/82,
Fran:
Date:
Fran:
Dale Potvin, Sally Allen-Potvin, John Doremus
Box 575
Aspen, CO 81612
April 14, 1982
Planning & Zoning
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Dear Sir:
We have applied to the Variance Committee to receive approval for
a variance on side yard set back on Lots N, 0, Block 43, City
of Aspen.
Because the Variance Committee is not meeting, we cannot receive
this approval prior to applying for a lot split.
We would like to proceed forward with the lot split application.
We agree to abide with the Variance Committee decision on this
matter.
Sincerely,
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DP:pb
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MEMORANDUM
TO:
Alice Davis, Planning Office
Jay Hammond, Engineering Department~
FROM:
DATE:
July 20, 1982
RE:
Doremus/Potvin Lot Split
Having reviewed the above application for subdivision exception
of a lot split, and having made a site inspection, the Engineering
Department has the following comments:
l. For purposes of recordation, the lot split plat should
be standard size 24 inches by 36 inches.
2. The plat should be amended as follows:
a. Title as lot split.
b. Indicate area of Lot P restricted from development
by Board of Adjustment.
c. Clearly indicate N, 0 and P, Q as seperate ownerships.
d. All approval and recordation certificates.
3. Both parcels created should be required by covenant to
join a sidewalk improvement district should one be created in the
area.
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PROTECTIVE COVENANTS
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WHEREAS, improvements were constructed upon Lot 0,
by the owners of Lot 0, Block 43, City and Townsite of
Aspen, County of Pitkin, State of Colorado (hereinafter
referred to as "Lot 0"), and
WHEREAS, these improvements, as built, violate the
"minimum sideyard" requirements presently in effect in
the City of Aspen, as set forth in Section 24-3.4 of the
Aspen Municipal Code, and
WHEREAS, the owners of Lot 0 are desirous of main-
taining those improvements, and at the same time, are
desirous of dividing Lot 0 from Lot P, Block 43, City
and Townsite of Aspen, County of Pitkin, State of Colorado
(hereinafter referred to as "Lot P"), and
WHEREAS, it is required as a condition for the
exemption from the full subdivision procedures, as
defined in the Municipal Code for the City of Aspen, that
permission of the Board of Adjustment of the City of Aspen,
in the form of a variance, from the aforedescribed "minimum
sideyard" requirements be obtained for the maintenance of
the above described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen
is desirous of granting this variance upon the, copditions
that the owners of Lot 0 and Lot P adopt covenants affecting
Lot P which prohibits the construction of any type of
improvements upon certain portions of Lot P,
NOW, THEREFORE, the undersigned being the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen, hereby
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adopt the following
lots 0 and P, Block
benefit of the City
covenants for the benefit of the owners of
43, City and Townsite of Aspen, and for the
of Aspen.
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1. No Building. For such time as the deck exists on Lot
0, and for so long as it violates the "minimum sideyard" require-
ments, on the boundary between Lot 0 and Lot P, as deinfed in
Section 24-3.4, of the Aspen Municipal Code, in effect within
the City of Aspen, or until such time as the written,consent
Qf the Board of Adjustment and the owner of Lot 0, Block 43,
City and Townsite of Aspen, is given, or until such time as the
ordinances in effect in the City of Aspen are modified so that
the aforementioned deck is no longer in violation of any
"minimUm sideyard" requirements, there shall be no improvements
constructed on that portion of Lot P, Block 43, City and Town-
site of Aspen, more particularly described as follows:
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Beginning at a point on the north westerly corner
of Lot P, and proceeding the full length of the westerly
boundary of said Lot; then proceeding easterly a distance
of 5.00 feet along the South boundary of Lot P; then
northerly for ~U.OO feet; then easterly for 2.75feet;
then northerly for ~9.45 feet; then westerly for 2.75 feet;
thence northerly 46.54 feet; thence westerly for 5.0 feet
along the northerly boundary line of Lot P, to the point
of beginning, containing approximately :608,'41;)""' square
feet, more or less~
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which would be in violation of any of the provisions of the
Municipal Code for the City of Aspen. The consent of any party
including the City of Aspen, shall not be arbitrarily or un-
reasonably withheld.
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I Townsite of Aspen. These covenants shall be enforceable by
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Damages shall not be deemed an adequate remedy for any
violation, but in an appropriate case, punitive damages
may be awarded. The prevailing party in any litigation
shall also be entitled to its attorneys' fees and costs
of the action.
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3. Amendment and Termination. These covenants shall
continue to be in full force and effect until January 1,
2005, and from year to year thereafter until amended or
terminated by written instrument ,executed by the owners
of Lots 0 and P, Block 43, City and Townsite of Aspen, and
by the Board of Adjustment of the City of Aspen. Prior
to January 1, 2005, these Protective Covenants may be
amended or terminated by recorded instrument executed
by the record owners of Lots 0 and P, Block 43, City and
Townsite of Aspen, and by the Board of Adjustment of the
City of Aspen.
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4. Paragraph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
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5. Singular and Plural. Wherever utilized herein,
the singular shall be deemed to include the plural, and
the plural shall be deemed to include the singular.
Furthermore, wherever utilized herein the masculine shall
be deemed to include the feminine and the feminine shall
be deemed to include the masculine.
6. Waiver. Waiver or failure to enforce any
restriction, covenant or condition in these Protective
Covenants shall not operate as a waiver of any other
restriction, covenant or condition.
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IN WITNESS WHEREOF, the
set their hands and seals this
1982.
undersigned have ~he~
q~ day of ~ '
9+V\:J
,/~~~~-
S LLY LEN-POTVIN
CITY OF ASPEN,
BOARD OF ADJUSTMENT
By:
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PROTECTIVE COVEN&~TS
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WHEREAS, improvements were constructed upon Lot 0,
by the owners of Lot 0, Block 43, City and Townsite of
Aspen, County of Pitkin, State of Colorado (hereinafter
referred to as "Lot 0"), and
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WHEREAS, these improvements, as built, violate the
"minimum sideyard" requirements presently in effect in
the City of Aspen, as set forth in Section 24-3.4 of the
Aspen Municipal Code, and
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WHEREAS, the owners of Lot 0 are ,desirous of main-
taining those improvements, and at the same time, are
ii desirous of dividing Lot 0 from Lot P, Block 43, City
,
and Townsite of Aspen, County of Pitkin, State of Colorado
(hereinafter referred to as "Lot P"), and
WHEREAS, it is required as a condition for the
exemption from the full subdivision procedures, as
defined in the Municipal Code for the City of Aspen, that
permission of the Board of Adjustment of the City of Aspen,
in the form of a variance, from the aforedescribed "minimum
sideyard" requirements be obtained for the maintenance of
the above described improvements on Lot 0, and
WHEREAS, the Board of Adjustment of the City of Aspen
is desirous of granting this variance upon the conditions
that the owners of Lot 0 and Lot P adopt covenants affecting
Lot P which prohibits the construction of any type of
improvements upon certain portions of Lot P,
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NOW, THEREFORE, the undersigned being the owners of
Lots 0 and P, Block 43, City and Townsite of Aspen ereby
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adopt the following covenants for the benefit of the owners of
; lots 0 and P, Block 43, City and Townsite of Aspen, and for the
:!
benefit of the City of Aspen.
l. No Building. For such time as the deck exists on Lot
0, and for so long as it violates the "minimum sideyard" require-
ments, on the boundary between Lot 0 and Lot P, as deinfed in
Section 24-3.4, of the Aspen Municipal Code, in effect within
the City of Aspen, or until such time as the written consent
&f the Board of Adjustment and the owner of Lot 0, Block 43,
City and Townsite of Aspen, is given, or until such time as the
ordinances in effect in the City of Aspen are modified so that
the aforementioned deck is no longer in violation of any
"minimum sideyard" requirements, there shall be no improvements
constructed on that portion of Lot P, Block 43, City and Town-
site of ~spen, more particularly described as follows:
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Beginning at a point on the north westerly corner
of Lot P, and proceeding the full length of the westerly
boundary of said Lot; then proceeding easterly a distance
of 5.00 feet along the South boundary of Lot P; then
northerly for 25.00 feet; then easterly for 2.7 feet;
then northerly for 29.45 feet; then westerly for 2.75 feet;
thence northerly 38.22 feet; thence westerly for 5.0 feet
along the northerly boundary line of Lot P, to the point
of beginning, containing approximately 580.9875 square
feet, more or less" '
which would be in violation of any of the provisions of the
Municipal Code for the City of Aspen. The consent of any party
including the City of Aspen, shall not be arbitrarily or un-
reasonably withheld.
2. Enforcement and Remedies. These covenants may be
enforced at any time by the City of Aspen, or by the Town-
II site of Aspen, or by the owner of Lot 0, Block 43, City and
11.
Townsite of Aspen. These covenants shall be enforceable by
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Damages shall not be deemed an adequate remedy for any
violation, but in an appropriate case, punitive damages
may be awarded. The prevailing party in any litigation
shall also be entitled to its attorneys' fees and costs
of the action.
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3. Amendment and Termination. These covenants shall
e to be in full force and effect until January 1,
,/
2005, a d from year to year thereafter until amended or
ated by written instrument executed by the owners
of Lots 0 and P, Block 43, City and Townsite of Aspen, and
by the Board of Adjustment of the City of Aspen. Prior
to January 1, 2005, these Protective Covenants may be
amended or terminated by recorded in~~rument executed
by the record owners of Lots 0 and P, Block 43, City and
Townsite of Aspen, and by the Board of Adjustment of the
City of Aspen.
4. Paragraph Headings. The paragraph headings in
this instrument are for convenience only and shall not be
considered in construing the restrictions, covenants and
conditions contained herein.
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5. Singular and Plural. Wherever utilized herein,
the singular shall be deemed to include the plural, and
the plural shall be deemed to include the singular.
Furthermore, wherever utilized herein the masculine shall
be deemed to include the feminine and the feminine shall
be deemed to include the masculine.
6. Waiver. Waiver or failure to enforce any
restriction, covenant or condition in these Protective
Covenants shall not operate as a waiver of any other
restriction, covenant or condition.
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IN WITNESS WHEREOF, the undersigned have hereunto
set their hands and seals this day of
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JOHN DOREMUS
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SALLY POTVIN
CITY OF ASPEN,
BOARD OF ADJUSTMENT
By:
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,1982.
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~'l IWI~..; 'Jl\l'r,~" 1 : 111.
REC.P"Ie:, Pf(': 2"611l'1
['AlE: 12/1'1"2
[j()O': 14
rr.l: 2J
DOC liMl ~f~ . rt)I,1'
rlA7 ~;,JI1.: ^~I ("t"'V"", RIJ<. ..q I,t .~.."l 1m' <;r..., r'
Gi\ANTC~: .1'ltl D'Yfi11";, rwr. mr.'I'I, ""J.Y "".IJ:"I-'n!'T:
1..",lNHl: ^'U'f:'1 em fT, RUt "1 t.t 't..., 1/f!' o.;P!.IT
PROPt..a OfSCRlr~ll)~. Tot" 'f-oil, rl1rck 01' fl.......,.... Citv nr
TIME: 2:27r'1
FE[: SlO.')'!
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~"o,d:d 01 ~:3/__0'do<. "tM.
;-'I',(r-t'vn No ;1 V" II lore 1'0 ~.
~ ..' . -~.._... -- ..
'ROT.[.er 1 vt._.~OV[N~!
....l.t.._~
'Ir~r. ;. ',,, c ~..c "ld .
1J1'J'4J7 ., 3!f
'-1l1UAS. illJ'rC'V~nt. w.r. ((.natruct..d upon 1.0t O. t.y Itll' ,'.."en. COI
Lot O. flock 4), City and Town.'t. of Asven. ~'unty of rtt~tn. Sidle of
Colon~ (her..A.her r.r.rud to ... "Lot 0"). ..nd
NHIIW. th... l.,rov...nt.. .. built. vfoht~ the "1IIlrdlllulll slc!ey"rd"
~utr--.al' pr..~tl, 1. .f'~t In the City of Aa~. .. ~el forth in
"ct.... 24.].4 of the Aapen Hunttlp.l Cod., ~nd
WRlIIAS. the owner. of Lot 0 .r. d.sirous of M81nt.l~tng tho~. t~lrov.-
""a. ... It lh~..... II.., .r. d..lroua of dtvtdlnl Lot 0 fr~ Lot p. Blotk
'3, Clef ... Townltt. of Aapen, CounfJ of Plt~int Stat. of Colorado (h~r.tn-
aftn refe'.... to .. Lot P'"). .11I
VKlJIAJ, It t. te.uJr~ .a . condition lOT the .~..,tion fTGa tha full
a~lyl..~ ,Toce6uT.., .. d.flned I. the Municipal Code fOf the City of A.ren.
that peTed..Son 01 tbe Ioar. 01 Adjuet...t of ehe Ciey of ~p.". io ehe fD~ of
. ..r~ce. 'roe tbe .lored..crSb.d ~ni~ aid.,.1'd" 1'equlr...nt. ba obeainad
lor ,.. _S.t...-ca 01 the _,""a-a.crlbe' t.,tOV.-eftU on Lot O. and
VIIIIAI, ,he toeT' 01 Adju.t.-nt 0' tha City of "pen Is d.slroua of
.,~tiD. thSs ..rlaDca upoa tha conditlon. ehae the owner. of Lot 0 and Lot ,
adopt c~ea..t. .IIectina Loe P which prohibit. the construction of any eyp.
of "'r~ta upoa cart.t. poTtions 0' Loe P,
.... THDU'OI.I. the Yndanlp" klna the ovnan of Lou 0 nd '. Uocll
43. Clty .J' Townatta 0' "pen. .. . condltlon 0' eha vaT lance ITanea. by the
elt) of ~ Board 01 AdJuet..nt on "-1 27 . 1'82. hereb, adope
,he foll_ba cowenau lor the knaUt of the OWbara of Lou n and r. 110ell
.). City ~. Townail. of ~pen. and fOf the baa.flt of the Clty of Aspen.
1. 10 aulJd.... 'nf such t1.. .. eh. dack exlae. oa Lot 0, end for ao
J_a" it .iobt.. the ....lnta. alday.,d" T..."h....U. on the \ounda"y
..~ Lot 0 an4 Lot p. aa 4ellned In Saction 24-3.4, 01 th. ~~ Municipal
Coda, In .Ifect vlthln the City 0' Aapen. or until auch rl~ .~ the wYltten l'
cae.eot of the Ioar. 01 A4j~t-.nr and the owner of Lot O. 'l~ck _J. Clty anJ
T....l'. of Aspen, S. .1.... or untiJ aueh eta. .. the ordinance. In .ffect In
the Cl', of "pan ar. sod!'!.. aD that tha .ror...ntlonad deck It no loo,.r 1.
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viol.ltOft 01 an7 "'inlaUlll .ldt')..rd" tt"qlllntllf'llf', ~tl..r" 5htlJJ l,~ no h.;.r("lvt'-
_nt. rOftalruct.. Oft that p<'rti..n Df wi P, 81('1('11. '1, rtn .lftd 1"...'1'1.11.. of
AI,.... _re p.rth'.1arly d..crlb"d .... (tll1,.....:
".innS., at . point on the north w"~t.rl, corn., of Lot r,
...et ,tN..'lft' the 1\111 1.nlth of the ",.lterl, boullJilry (I( utd tot:
thea proc:..tUft. ....erJ, .. dtstanu 01 ,s.oo rut alfl")l' lh" Slluth
bounder, of LP~ '1 thin northerly tor 20.00 f.~t. th~n "..trrl, ("t
2.67t..tl then nonherl, tor J9.U f.et; th..n wutulv ((It 2.67 fUlt;
the.ce bortherl, 'O,'S I..t; thwncI v~.l.rly for ~.O rrrt .10nl the
ftortherl, )oundary ltn. of Lot Pf to the point of h~~lnl1lnl. c~n-
1.1nlOI approal-.te1, 60'.)] .quare r.et. ~r. or Ie..,
(See &antt MA" atuched and ..d. a p..rt "r thh Pre-teeth.
Cov__t).
Whlc~ would ~ ift viol.tion of any 01 the pravl.S"na of the Municipal Code
for the Cit, 0' AA,.. tor lida,ard ..tbac", The cona~l of AnY party
includin. ebe Cit, of AI,... ah.ll not b. .rbltrarl1, or unre...on.bly
with...ld.
2. lnforc.-eftt.4 ....cll... Th... town.nu .., b.. .nlorc:ed at any
tS.. ~ ehe C:lt,.of Aapee. or ~ tha Town.ite 01 bpan. or b, lhe own.r of
Lot O. .loe. 43. Cie, ~d TOWDISte 01 "pen. Th... ~ov<<n..nt. ahall be en-
forceable ., ,race.dia.. for a prohibitive or -.ndatorv Injunction.
~.. .hall aot b. .....d an .d.q~t. r...d, lor any violation, but In an
."roprl.te c.... puniti.. cI~&" .., b. .w.rd.d. Th. Fravalllnl parly 1n
., 11tlS'llon ahall aleo '"' RUtbel to lu auom.,.' r.... and cn.la 01
3. ~~t~ T.,.lnalloa. Th..e covenanta aball ~onfln~ to b. In
I~l f~rce end .ffacl until January 1. lOO~. .nd fr~ ye.r to ya.r th.r..lt.r
aDtll ....ded or t~D.ted by ra<ordad ID.tr~1 ...cutad by the own.ra of
LotIO and '. Ilock 4]. Clt, and Townalte of ~pan. and by th. Board of AdjDat-
-.wt of the Clt)' of Aa,... '1'101' to Janua'7 1. 100'. th... Prot.ctl.. CoYenant.
.., .. ..-oded or l.~natad by recorded Inatr~l e.ecuted by the record
OMIen of t.ota 0 net p. Ilock 4l. City _d Town_ite of Atpan. ,and by tt.. Board
of Adju.t-.nt of the Ctt)' of ~pan.
4. lIuaT.lfPh ".cUn... Th. pa".r.,h headin.. lD thh tn.tn.ettt "'.
'or conv..l~c. Oftl, ~ ahall not be conald.r.d in conatruln. the r..trtctlon.,
cOY....t. ..d cGacUtlona bantn. ,
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w4J7",.300
.s. IiMttlar -" Plu.ral. Wfl....wr utUh.d hn.ln, tll. .tnlu1..r aheJ1
be ..... ,. IDet... 'be pbral. 1rI' the ,lural IMU be- dhfMlod to t"dud.
t~ a....tar. r.rt'.r.e,., ~r...r utSlt... '_r.Sn the ...culln. _hall ~.
--. C. lad.. ,... I...tae 1ft' the leaS"!n. .hell It. d....d to Include
Do _11...
I. !Id!Jl. ..her 01' I.Uure to enlarc. " ru'rlctlon, cov.n....' or
.-.&u_ .. ~ 'rotectS.. Cov.tlaau ahll not opu.t. .. . vatnr 01 anJ'
.... ......rSCU.. ....., 01' caedSUtlG.
,. Ja.......1 tM. .., _letpel ....rO'Ynnt or t.,rov.-etlea of . UrHI
--.ttIIIplat" t. laclt. 20.-11 01 1M "'ldp.a.1 Code. "01 the Cit,. of Aapn. ..
...... --, ill eM ..1. j......t or '1aenUoa of the City Couacll 01 the ,
CS<<r- .. ...... a....u, 01' dnSr"1a to clM ..... 01 tlM Mo.a-de.cr1Md '1'0- .
~. .......... ft11...... _jaetS. to.,. ...dal ...__t 01' .,adal
.' - ,.. "-., ""cw _ tM "'Sa thet cbe propert, 1a Me1lNtel,. "noM
.. ....~ .. . - Ie ~" _ 1M ........ eMt eM ,r.ma.. "J11 He be
...... - ....lte.. " "- _II. _. t ... S..l'ow.au p" JOtIad. CovnantOl'
............. to j.... ... aM ~ chenIer by ch. cu" _,. l.,r~t
4IIlIMrt&I ,.... t. ~lhCU_ 01 audl _~U (..dudt.a, without
1.udt8c_. *...... ...... _. lIItUIU... paottal, ,l_eba. cudo.. luuan.
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STATEMENT OF EX~EPTION FROM THE FULL SUBDIVISION
PROCESS ~>OR '1'HE PURPOSE OF A "LOT SPLIT"
PURSU.l\NT TO SECTION 20-19 OF 'mE ASPEN MUNICIPAL CODE
WHEREAS, John Doremus, Dale Potvin and Sally Allen-Potvin
(hereinafter "Applicants"), are the owners of a parcel of real
property (and the improvements thereon) situated in the City of
Aspen, pitkin County, Colorado, more particularly described as
follows:
Lots N, 0, P and Q, Block' 43, Original Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado;
also described as being in the 300 block of West Bleeker Street,
Aspen, Colorado; and
WHEREAS, applicants have requested an exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject property, pursuant to Section 20-19 of the Aspen Municipal
Code; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of October 5, 1982, determined that such exception would
be appropriate and recommended that the same be granted, subject,
however, to certain conditions; and
WHEREAS, the City Council at its meeting of October 25, 1982,
determined that the applicants' request for such exception was
appropriate and granted said request, subject, however, to certain
conditions (including compliance with the ruling of the Board of
Adjustment at its meeting of May 27, 1982);
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the applicants' request for exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject property is proper and hereby grants an exception from the
full subdivision ptocess for such "lot split", pursuant to section
20-19 of the Aspen Municipal Code, as amended;
PROVIDED, HOWEVER, that the foregoing exception of the
division of Lots N, 0, P and Q, Block 43, City and Townsite of
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Aspen, into two parcels, namely, Lots Nand 0, and Lots P and Q,
is expressly subject to the following conditions:
( 1) that the
exception plat of the lots be amended to include a title of "lot
split", an indication of the area of Lot P which was restricted
from development by the Board of Adjustment's variance approval,
clear indication of Nand 0 and P and Q as separate ownerships,
and all approval and recordation certification; (2) that the lot
split plat be 24 inches by 36 inches, the standard for recording;
(3) that both parcels created be required to covenant to join a
sidewalk improvement district should one be c~eated iQ ~he future;
(4) that the requirements of the variance granted by the Board of
Adjustment [at its special meeting of May 27, 1982] be met; and
(5) that the protective covenants [required to satisfy condition
(3) above, and the variance requirements, which covenants are
found in Book 437 at Page 397 in the record of the pitkin County
Clerk and Recorder] be filed in a form approved by the City
Attorney's office.
'l/ ,-Ir-
Dated this ~ W day of
, 1983.
william L.
ATTEST:
;!{AUvU/LJd f~h'lr t2tLd' dk~
Kathryn s.;1Koch, City Clerk ~7'
Approve as to form:
c!> U 8~
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of a "lot split" was considered and approved by the Aspen
City Council at its regular meeting held October 25, 1982, at
2
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which time the l1ayor was authorized to execute the same on behalf
of the City of Aspen.
STATE OF COLORADO
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XdI4,<;f?U4 ~ck j/,d ,t21H;{~L/'
Kathryn/S. Koch, City Cllrk ).1!ry
County of Pitkin
The negoing instrument was acknowledged before me this~.-L>
day of ~"a4~ , 1983, by William L. Stirling
as Mayor ~nddathryn S. Koch as City Clerk of the City of Aspen,
Colorado.
l'"
WITNESS MY HAND AND OFF99~ SEAL.
My commission expires: I/C'UlCIJ~0j 1;;Z,7
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Reqular Ileetinq ~pen City Council
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October 25, 1982
UPDATE OR RtlMAtf!: SOCIE'l'lr
Liaa Ruaaell, animal control director, told Council they are tryinq to gat better organ!
The Rumane Society has about $1,000 in the bank. They plan a rabies clinic. They hav~
a .teady income from Shaklee products, 10 per cent of the qro.. qoes towards the Humane
society. The Rumane Society plans neutering projects next year and a humane education
proqram. Councilman Knecht s&id Ms. Russell has done an incredible jOb g~tting th~
Rumane SOCiety toqether. i
LIOtJOR LICZlfSI TRANS!'IR - Th;, IU ta
Ste". Bolerjack and Jon Ko.h, owneno ot the IUta, ...... p.....nt and told Council they hop
to open December 15. The Rita will be servinq lunch and dinn.r. The space will be most
restaurant with a small bar. They will s.rve a combination ot American and EuroDean
tood. Kosh and Bolerjack alao own Paddy Buqatti'a. '
"
Council..n Knecht moYed to appro". the tranater ot Bici Coat. liquor license to B.K
Reatauranta Ltd d/b/a The Rita, aeconded by Councillllan Collina. All in favor, motion
carried.
LIOtJOR LICZlfSI TRANS!'IR - '1'he WOO<S.tone
Spencer Schitter told Council the corporation applyinq for the lic.naa ia Vacation
Reataurant Reaorts Inc., which h owned by VacaHon Resorts Inc. The woodstone is owned
by Resort Rotel De_lop1llllnt, which is also owned by VRI. This h an appliCation for
transter ot Tha Anchoraga, they plan to have the ,same re.taurant operation, to have a
bar in the lObby, and to be able to have room aervic.. The principles are John Platt an
Bob Johnaton.
Councit.an Knecht moved to appiOv. tha tran.fer ot the liquor licenae trom The Anchorag~
to VacaHon Reataurant Reaorta Inc. d/b/a The wooc!aton., aeconded by Councilman Parry.
All in tavor, motion carried.
IlIPRlSIIl'1'A'l'IVZ FOR TRANSPORTATION AGENCY
Ilayor Pro Tea Michael aaid the eon.olidation ot the bua d.part:JllenU is at a crossroads.
The county ia fully backinq conaolidation, they have the most to qain. The city is
atill intereated with reluctance to any reducation in aervice. Snowmass still has a
number of queations to reaolve, they do.pot want to qive the power to run their system
over to anyone else. A tive member transit agency is beinq tormed for the next two
months to work on final decision. They will q.t reports from the attorneys on the legal
atepa 'that have to be tatan. Hayor Pro '1'em Michael said a representative from the Counc
ia neeced to be part ot the transit aqency. Councilman Parry said he would serve on the
transit aqency. Nancy Van Domelin and Bob Kevan have been on the committe throughout
and have indicated their interest.
SOBDIVISION EXCEPTION - Potvin/Dor.mus
Alan Richman, planninq oftice, told Council thi. ia a .traiqht torward lot split. It
meet. all the requirements ot the Code criteria, only two new parcels are being creat~d
and there is an existinq dwellinq on one ot the parcels. The existinq deck protrud~s
into the setback. The applicant went to the Board of Adjustment and got a varianc~.
The planninq Office and P . Z recommend approval with'some minor conditions. Th~
asaistant city attorney requeata inclusion ot the protective covenants b~ approved by
the City attorney.
Council...n Kn.cht moved to approve the Potvin/Doramu. lot aplit with the conditions, (ll
the plat should be amended to include the followinql a title of lot split, indication of
the area of lot P which waa reatricted from development by the Board of Adjustm~nt's
variance approval, clear indication of N, 0 and P, Q as ..parate ownerships; all
approval and recordation certification, (2) the lot aplit plat should b~ the standard
required size of 24 inches by 36 inches tor the purpoaes of recordation, (3) both parcel,
created ahould be required by covenant to join a sidewalk improvement district should
one be created in the tuture, (4) the requirements ot the variance qranted by th~ Board
ot Adjustment muat be met, (5) the protective covenanta be filed in form to be approv~d
by the city attorn.y's ottice, seconded by Councilman Parry. All in favor, motion carri,
ORDINANCE '50, SIRIIS or 1982 - Election Timea
Mayor Pro Tem Michael opened the public hearinq. Mayor Pro.Tem Michael said this ordinal
will allow election. only in January, rebruary, Mary, May every other year, JUly. August
September, November and December or other requlation election time.
Bill Martin, representing All Citizens Action Committee, told Council they have discusse,
Ordinance 150 and tind the lanquaqe so loosely written it does not come close tO,the
intent of ACAC which ia to reatrict the number of special el~ction. Martin outl'ned
past special eiections and the voter turn out, rebruary 1980 - 293: January 1982 - 324,
June 1982 - 292. In the qeneral election of Nov~mber 1980 there were 1765 and"n the
city'a reqular election of May 1981 there were 1300 voters. Martin 70ld Counc,l that
ACAC will not withdraw their support of th~ county amendment. If th,s pass~s, ACAC
will file petitions in the city for minimum voter turn out.
Martin requested an amendment to Ordinance 150 statinq there will only be two elections
a year and any special election will be held on Sundays. Councilman Knecht said ~n
amendment requirinq a certain amount ot voters to turn out, qives everybody th~t oes
not bother to 90 to the polls a -no. vote automatically. Councilman Knecht sa1d there
is no way to force people to qo out and vote. The simple majority is th~ only way to go.
,'t'
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STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF A "LOT SPLIT"
~
~~h>>r 1b ~ Oo-I~ tX- "1lff-- hfif:tJ iJoI1JrL.fAt.- (~
WHEREAS, John Doremus, Dale Potvin and Sally Allen-Potvin
(hereinafter "Applicants"), are the owners of a parcel of real
property (and the improvements thereon) situated in the City of
Aspen, Pitkin County, Colorado, more particularly described as
follows:
Lots N, 0, P and Q, Block 43, Original Aspen Townsite,
City of Aspen, County of Pitkin, State of Colorado;
also described as being in the 300 block of West Bleeker Street,
Aspen, Colorado; and
WHEREAS, applicants have requested an exception from the full
subdivision process for the purpose of a "lot split" of the sub-
ject prop"elfyr:~~ r!2_~ ~-_tJ_j~!~~fd ~
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of October 5, 1982, determined that such exception would
be appropriate and recommended that the same be granted, subject,
however, to certain conditions; and
WHEREAS, the City Council at its meeting of October 25, 1982,
determined that the applicants' request for such exception was
appropriate and granted said request, subject, however, to certain
conditions (including compliance with the ruling of the Board of
Adjustment at its meeting of May 27, 1982);
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the applicants' request for exception from the full
subdivision process for the purpose of a "lot split" of the sub-
.
ject proper~ebY grants. li8~ _ud. ~~u_U". an exception
~..,... ~ ~ -If off. I"&A~ -'S ' - AP j
from the full subdivision process or such "lot split"
PROVIDED, HOWEVER, that the foregoing exception
-r
. .. of the di visial of Lots N,
0, P and Q, Block 43, City and TOwnsite of Aspen, into two parcels, namely,
Lots N am 0, am Lots P am Q, subject to the fo11ow.ing conditions: (1) that
the ~on plat of the lots amended to include a title .of "lot split,"
an indicatioo of the area of 1 P v.hich was restricted iran develq;:ment by
the Board of AdjustIrent' s vari ce approval, clear indicatioo of N and 0 and
P am Q as separate ownerships, and all approval and re<:x:>rdatioo
certification; (2) that the lot plit plat be 24 inches by 36 inches, the
standard for recording; (3) tha both parcels created be required by =venant
to join a sidewalk improvement dJ,strict should ooe be =eated in the future;
(4) that the requirements of the\variance granted by the Board of Adjustment
[at its special meeting of May 21, 1982J be met; and (5) that the protective
=venants [required to satisfy cqnditioo (3) above, and the variance
requirements be 'led in a. form approved by the City Attorney' s offiCE'lll_~,
~ ' ----..
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itions of approva
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y the Planning and
:~
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Zon ng Commission ~~ the City
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il and/or the Board of
Dated this
day of
, 1983.
~t
william L. Stirling, Mayor
Approved as
Gary S. Esary
Assistant City Attorney
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of a "lot split" was considered and approved by the Aspen
City Council at its regular meeting held October 25, 1982, at
which time the Mayor was authorized to execute the same on behalf
of the City of Aspen.
Kathryn S. Koch, City Clerk
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srATEMEN!' OF EXEMPrION F'Ra'1 'mE DEFINITION OF SUBDIVISION
WHEREAS, John Doremus, Dale Potvin and Sally Allen-Potvin, the owners
of Lots N, 0, P am Q, Blcx::k 43, City am Townsite of Aspen, in Pitkin
County, Colorado, made written application to the City of Aspen en February
17, 1982, for an exenption fran the definitien of subdivisien of the
separation of the four said lots into two parcels, the ene parcel being lI::>ts
N am 0, and the other parcel beiD3' Lots P am Q; am,
WHEREAS, upon proper reccmnendatien of the Planning and Zoning
Cannissien of the City of Aspen to the City Council of the City of Aspen, the
city Council, at its regular meeting of October 25, 1982, and as properly
reflected in the minutes of that meetin:J, determined that the subdi visien of
the property into the two parcels as stated above was not wi thin the intent
and purpose of the subdivisien ordinances set forth in Chapter 20 of the
Ml1nicinal code of the City of Aspen, and by motion approved the applicatien
WHEREAS, the City council of the City of Aspen did validly detennine
and approve an application for a determination that the above said divisien
of land was not within the intent and purpose of the subdivisicn ordinance
and did, for suCh reason grant an exemption fran the definition of
subdivisicn;
'rnEREFlJRE, the City of Aspen, issues this certification of the acticn
recited above, for filing in the land records of pitkin County, coloraCb, as
a record affecting the rights in and to Lots N, 0, P and Q, Block 43, city
am Townsite of Aspen, whiCh may be relied upon for all intents and purposes
by all persons.
W\.YOR
I, KA'IHRYN S. KOCH, do hereby certify that the foregoing Statement of
Exenptien fran the Definitien of Subdivisicn was executed by the Mayor of the
City of Aspen en behalf of the City of Aspen.
CITY CLERK
State of Colorado
County of pitkin
The foregoing instrument was acknowledged before Il'e this
day of , 1983, by williClll L. Stirling and
Kathryn S. Kodh, the mayor and city clerk, respectively, of the
City of Aspen, for the City of Aspen.
Witness my hand and official seal.
My ccmnissien expires:
My address is:
Notary Public
-
ASPEN/PITKIN PLANNING OFFIl
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LANO USE APPLICATION FEES
City '!, - ~ ~
00113 - 63721 . 47331 - 52100
63722 - 47332 . 52100
63723 . 47333 - 521 00
63724 .47341 - 52100
63725 . 47342 - 52100
63726 - 47343 - 521 00
63727 - 47350 - 52100
63728 . 47350 . 521 00
63729 - 47360 - 52100
County
00113 63711 - 47331 . 52200
63712 - 47332 - 52200
63713 . 47333 - 52200
63714 - 47341 . 52200
63715 . 47342 - 52200
63716 . 47343 - 52200
63717 . 47350 . 52200
63718 - 47350 - 52200
63719 - 47360 - 52200
PLANNING OFFICE SALES
00113 . 63061 - 09100 - 52200
63063 - 09100 . 52200
63062 . 09100 - 52300
63066 . 09100 . 52300
63069 - 09100
GMP/CONCEPTUAL
GMP/PRElIMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
EXCEPT/EXEMPTION
REZONING
SPECIAL REVIEW
SUB.TOTAL
GMP/GENERAL
GMP/PRElIMINARY
GMP/FINAL
SUB/GENERAL
SUB/OETAILED
SUB/FINAL
SPECIAL REVIEW
REZONING
SPECIAL APPROVAL
SUB.TOTAL
COUNTY COOE
ALMANAC
GMP
COpy FEES
OTHER
SUB.TOTAL
TOTAL
.r "/ / ') , flU
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Name: \1/11/ J Il,I./f III/II/ /)fJlr 1/;///{1o;.e: ' I ,
Address: -.>0- 0-'1'\ / Project: v::tv ''1/1, rY'FtI/W 'I
>t ~ ,;ru '0 f>lt 't f't[Jf (u./ pI; <- J
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Check No, ?, i j'" Oate: ;l ,.., I " ::>-
Additional Billing: No. of Hou;s: I
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