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HomeMy WebLinkAboutcoa.lu.ec.Edmondson, Flynn, Sykes Condominiumization•�dmondson, Flynn, Sykes Condominiumization �J �- .•" v �✓Y e No. to CASELOAD SUMMARY SHEET CON ��1 City of Aspen 1. DATE SUBMITTED: �5 / y!I STAFF: _�,p k .a04, 2. APPLICANT: �C'n* n7�YiC_��'1Sclrno���s�n . 3. REPRESENTATIVE: 4. PROJECT NAME:IS& hnI sy 5. LOCATION: 0 E 6. TYPE OF APPLICATION: Rezoning X Subdivision Stream Margin P.U.D. _Exception 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential Bonus Other eon Jo mal wlm go 7. REFERRALS: Attorney Engineering Dept. Housing Water City Electric 8. REVIEW REQUIREMENTS: Sanitation District School District Mountain Bell Rocky Mtn. Nat. Gas Parks State Highway Dept. Holy Cross Electric Other Fire Marshal/Building Dept. 0 is 9. DISPOSITION: P & Z Approved Denied Date Council Approved Denied Date r !��►� ,...� {l.sL C;Lk Q 4- GOV- � Q o-�►-t p �a-Ci n �,J i','� +rJ � � � ci � ►^ r'�- ` f ' S u� i ►-e t-►t9 r�. 1t -4 L QZ..�.. ry fS i.�- n 1c'k j r-'C� 1 in �-1 I cry I Cryl ad ROUTING: Attorney X Building Engineering Other 5 � o�` ju ►-Q ,x <6� • �I TO: FROM MEMORANDUM Aspen City Council Colette Penne, Planning Office RE: Edmondson/Flynn/Sykes Subdivision Exception (Condomin' izatio�nn)) P DATE: September 14 1981 APPROVED AS TO FORM: Location: 700 block of W. Francis Street (Lots E, F, and G, Blo 16, City of Aspen) Zoning: R-6 Lot Size: Approximately 9,000 square feet Applicant's The applicants are requesting subdivision exception for the Request: purposes of condominiumization of three separate single family units. Engineering The applicant should be required to join a sidewalk, curb, Department: and gutter improvement district in the event one is formed. The owner/applicant should be required to obtain an encroach- ment license from the City for the fences which extend into both the alley and Francis Street right-of-ways. Following final approvals, the mylars should be submitted to this office with the surveyor's signature and seal. Building Department: Initial Inspection, June 15, 1981 "The following application presents several problems in zoning and building code compliance. With regard to zoning, none of the structures comply with front yard setback requirements and two of the units don't meet with sideyard requirements. Additionally, the lot is only 9000 square feet total. For R-6 zoning the amount of lot size necessary would be 13,500 square feet. From a Building Code stand point, units #1 and #3 would have to provide a 1-hour exterior protection for walls and windows due to property line locations or setbacks. The Building Department has not inspected all the units noted, however, the inconsistencies with current zoning codes certainly indicate many problems with this application. A current electrical inspection should be performed on all units to insure compliance. Our office will contact the applicant's attorney for entry." Electrical Inspection, July 27, 1981 "The three structures were inspected for electrical safety and adequacy on July 16, 1981. The following is a summary of that inspection: (1) 717 W. Francis is a building under construction. The electrical is not yet ready for a "rough" inspection. As a result there is insufficient electrical construction to justify any comments. Before a final electrical approval can be given the structure will have to meet all of the require- ments of the 1978 edition of the N.E.C. • U Memo: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization) Page Two September 14, 1981 (2) 721 W. Francis (rear structure). The following defi- ciencies were noted: (a) Unprotected service entrance cable on outside wall to the meter. (b) Main Service Disconnect and Distribution Panel is located in kitchen cabinet behind dishes. The front panel is blocked and cannot be removed. (c) The electrical system is basically a 2 wire (no ground) system although one receptacle has a ground contact without an adequate ground. The panel does not have the required water pipe and rod ground. (d) Kitchen does not have small appliance circuits and at least one additional receptacle is required. (e) Upstairs, living room and downstairs bedroom do not have adequate receptacles. (f) No switchable light in dining room. Note this is the room that is first entered from outside. (g) Does not have separate washing machine circuit. (3) 725 W. Francis. This is the west structure. The defi- ciencies noted were: (a) No equipment ground in lighting panel. (b) #12 wire connected to 30 AMP circuit breaker (#10 wire minimum for 30 AMP CB) (c) Multiple wires connected to circuit breaker. (d) Barebulb in closet within 7 inches of combustibles (18" minimum required) (e) No small applicance circuit in kitchen. (Basically the kitchen including refrigerator is connected to one 15 AMP circuit.) (f) Need 2 receptacles in kitchen, 2 in bedroom and 1 in living room. (9) Bathroom does not have a switchable light located at door. In addition, a staircase located in the rear structure leading to the upstairs bedrooms did not have a handrail and was 162" wide with a 92" riser and 5" tread." Planning A number of non -conformities exist. All three structures Office: reveal inconsistencies in this situation with the Area and Bulk Requirements of the R-6 zoning district in the area of minimum lot area per dwelling unit, and front, side and rear yard set backs. In addition, the absence of adequate on -site parking and the encroachment of fencing into neighboring properties as well as the City's alley and street right-of- ways create legal and technical complications. However, the Municipal Code does not regulate the condominiumization of nonconforming structures, or the issue of inadequate parking. Prior to this application being submitted to City Council, an encroachment license will be required covering the fence encroachments into City right-of-ways. The application letter indicates that the applicants have been owner/occupants of all three units in excess of the eighteen (18) month rental history review period. The applicants do consent to the rental restriction of each unit to periods of not less than six (6) successive months with two (2) shorter tenancies. • • Memo: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization) Page Three September 14, 1981 Planning Office Recommendations and P&Z Action: Planning Office recommends approval of the request for sub- division exception for the purposes of condominiumizing the Francis Street Condominiums subject to the following condi- tions: 1. Compliance with the Engineering Department memorandum dated June 3, 1981 to wit: a. The applicant should be required to join a sidewalk, curb, and gutter improvement district in the event one is formed. b. The owner/applicant should be required to obtain an encroachment license from the City for the fences which extend into both the alley and Francis Street right-of-ways. c. Following final approvals, the mylars should be submitted to this office with the surveyor's signa- ture and seal. 2. Rental restrictions on all three units to six (6) month minimum leases with two (2) shorter tenancies. Council Action: If Council concurs with the Planning Office recommendation and the action taken by the Planning and Zoning Commission, the appropriate motion is as follows: "I move to approve the subdivision exception for the purpose of condominiumizing the Francis Street Condominiums subject to the following conditions: 1. The applicant be required to join a sidewalk, curb, and gutter improvement district in the event one is formed. 2. The owner/applicant be required to obtain an encroach- ment license from the City for the fences which extend into both the alley and Francis Street right- of-ways. 3. Compliance with Building Department's requirements. 4. Following final approvals, the mylars should be submitted to the Engineering Department with the surveyor's signature and seal. 5. Rental restrictions on all three (3) units to six (6) month minimum leases with two (2) shorter tenancies." ---------------------- 1 1 A W/YEUAW pLA5:7CCAY 1 5�5'09�11"E 99 91. dDMOT 2 1 1 — — — — 13Z L—�.J I .1 R WOOD ONE STORY WILDING I I q In AY+44P. PEAK: IS q q " X u 1 a4as I p +— yi to I 0 q irJ 1 GCE. I� R 1 I I 13 I I' 3 I 17 t iTWO STORY / " i v i l X 1ofMr00D WUIIDINGj bECk; I� II 1 I o I UNIT 3 " I f " 1i ONE STORYN 4�OP MILPIN t — lii 1 F fELWw ►IASTIC Uv ^� 11 ----�- — — — — — — — — — — — — w000'�cwcc N 15,09,11 W 5191* ALLE L - BLOCK 8 V NPIKEDAP iNp/RE gAi RGpAR RE —PA u ASPEN*PITKIMtEGIONAL BUILT DEPARTMENT MEMORANDUM TO: Jack ohnson, Planning Department FROM: He Paddock, Chief Building Official RE: Edmonson/Flynn/Sykes Subdivision DATE: June 15, 1981 The following application presents several problems in zoning nd building code compliance. With regard to zoning, none of the structures comply with front yard setback requirements and two of the units don't meet with sideyard requirements. Additionally, the lot is only 9000 square feet total. For R-6 zoning the amount of lot size necessary would be 13,500 square feet. From a Building Code stand point, untis #1 and #3 would Have to provide 1-hour _exterior protectign for walls and windows due to property line locations or setbacks. The Building Department has not inspected all the units noted, however, the inconsistancies' with current zoning codes certainly indicate many problems with this application. A current electrical inspection should be performed on all units to insure compliance. Our office will contact the applicant's attorney for entry. cc: Planning Commission Sachs, Klein, seiger 506 East Main Street Aspen, Colorado 81611 303/925-5973 n n 01SPEN PITKIN*AEG10NAL BUIL®IPIG%11 DEPARTMENT MEMORANDUM TO: Herb Paddock, Chief Building Official FROM: Stan Stevens, Electrical Inspector RE: 717-725 vV . Francis DATE: July 27, 1981 The three structures were inspected for electrical safety and adequacy on July 16, 1981. The following is a summary of that inspection: (1) 717 17. Francis is a building under construction. The electrical is not yet ready for a "rough" inspection. As a result there is insufficient electrical construction to justify any comments. Before a final electrical approval can be given the structure will have to meet all of the requirements of the 1978 edition of the N.E.C. (2) 721 W. Francis (rear structure). The following deficiencies were noted: (a) Unprotected service entrance cable on outside wall to the meter. • (b) rain Service Disconnect and Distribution Panel is located in kitchen cabinet behindildishes. The front panel is blocked and cannot be removed (c) The electrical system is basically a 2 wire (no ground) system although one receptacle has a ;-round contact without an adequate ground. The panel--does-not have the required water pipe and rod ground. (d) kitchen does not have small appliance circuits and at least one additional receptacle is required. (e) Upstairs, living room and downstairs bedroom do not have adequate receptacles. (f) No switchable light in dining^ room. Note this is the room that is first entered from outside. (g) Does not have sepate washing machine circuit. (3) 725 W. Francis. This is the west structure. The deficiencies noted were: (a) No equipment ground in lighting panel. (b) #12 wire connected to 30 AM? circuit breaker (#10 wire minimum for 30 Au1P CB) 506 East Main Street Aspen, Colorado 81611 303/925-5973 July 27, 1981 • "Page 2 • (c) Multiple wires connected to circuit breaker. (d) Barebulb in closet within 7 inches of combustables (18" minimum required) (e) No small appliance circuit in kitchen. (Basically the kitchen including refrigerator is connected to one 15 AMP circuit.) (f) Need 2 receptacles in kitchen, 2 in bedroom and 1 in living room. (g) Bathroom -does not have a switchable light located at - door In addition, a staircase located in the rear structure leading to the upstairs bedrooms did not have a handrail and was 162" wide with a 912-" riser and 5" tread. __an _;'_"^..,%� -SOS ��.� �k'lr�::� �rf-�t �as4:�-�_ ��:,� �. 816z11 ZD /S25—cam Y'.2 ASPENOPITKli11 EGIONAL BUILDI G DEPARTMEN Ir MEMORANDUM AUG 41981 TO: Herb Paddock, Chief Building Official ASPEN / PITKIN CO. PLANNING OFFICE FROM: Stan Stevens, Electrical Inspector RE: 717-725 '►V . Francis DATE: July 27, 1981 The three structures were inspected for electrical safety and adequacy on July 16, 1981. The following is a summary of that inspection: (1) 717 7. Francis is a building under construction. The electrical is not yet ready for a "rough" inspection. As a result there is insufficient electrical construction to justify any comments. Before a final electrical approval can be given the structure will have to meet all of the requirements of the 1978 edition of the N.E.C. (2) 721 W. Francis (rear structure). The following deficiencies were noted: (a) Unprotected service entrance cable on outside wall to the meter. (b) rain Service Disconnect and Distribution Panel is located in kitchen cabinet behindtldishes. The front panel is blocked and cannot be removed (c) The electrical system is basically a 2 wire (no ground) system although one receptacle has a ground contact without an adequate ground. The panel--doesnot have the required water pipe and rod ground. (d) Kitchen does not have small appliance circuits and at least one additional receptacle is required. (e) Upstairs, living room and downstairs bedroom do not have adequate receptacles. (f) No switchable light in dining room. Note this is the room that is first entered from outside. (g) Does not have sepate washing machine circuit. T (3) 725 W. Francis. This is the west structure. The deficiencies noted were: (a) No equipment ground in lighting panel. (b) #12 wire connected to 30 P circuit breaker (#10 wire minimum for 30 AMP CB) 506 Cast Main Street Aspen, Colorado 81611 303/925-5973 ,July 27, 1981 • &Page 2 • (c) Multiple wires connected to circuit breaker. (d) Barebulb in closet within 7 inches of combustables (18" minimum required) (e) No small appliance circuit in kitchen. (Basically the kitchen including refrigerator is connected to one 15 AMP circuit.) (f) Need 2 receptaclbs in kitchen, 2 in bedroom and 1 in living room. (g) Bathroom does not have a switchable light located at door In addition, a staircase located in the rear structure leading to the.upstairs bedrooms did not have a handrail and was 16j" wide with a 92" riser and 5" tread. ' ! r 7 J SACHS KLEIN & SEIGLE JEFFREY H. SACHS ATTORNEYS AT LAW HERBERT S. KLEIN 201 NORTH MILL STREET JON DAVID SEIGLE ASPEN, COLORADO 81811 JAMES H. DELMAN May 15, 1981 Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Request for Exemption from Subdivision Regulations Gentlemen: TELEPHONE ( 303 ) 925-8700 Request is hereby made on behalf of Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn and Thomas Allan Sykes, Jr., (hereinafter referred to as the "Applicants") under §20-19(a) of the City of Aspen Municipal Code, Sub- division Regulations, for an exception from the definition of the term subdivision with respect to the following real property: Lots E, F, and G, Block 16, City of Aspen. It is submitted by the Applicants that the requested exception is appropriate. This application involves the condominiumization of three existing residences located on the subject property. These residences have been owner - occupied since the purchase of the subject property by these owners on November 20, 1978. Applicants Scott Edmondson and Michael Lawrence Flynn are both teachers in the Aspen schools and intend to reside in two of the residences which are presently on the subject property as does applicant Thomas Allan Sykes, Jr. Strict compliance with subdivision regulations would deprive the Applicants of their reasonable use of their land. If an exception were granted, the owners of the property will have a common interest in the land and will promulgate a condominium declaration, by-laws and articles of incorporation applicable to the property which will not in any way increase the land use of the property. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are di- rected to assist the orderly, efficient and integrative development of the City of Aspen, to insure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions. It is further submitted by the Applicants that the exception is necessary for the preservation and enjoyment of sub- stantial property rights and that the granting of the ex- Planning Office City of Aspen May 15, 1981 Page Two ception will not be detrimental to the public welfare or injurious to other property in the area. The granting of this application will not undermine the intent of subdivision regulations and it is clearly within the area intended for exception under §20-19(a) of the City of Aspen Municipal Code. The buildings located on the property are already in existence and condominiumization of the subject property will not create any change in the present density which is now compatible with the zone den- sity for the property. As already stated, there is no rental history for these units during the period of Ap- plicants' ownership since they have all been owner -occupied for the past two and one-half years and the approval of this application for exception will not, therefore, reduce the supply of low and moderate income housing. Applicants have no knowledge of the rental history of the property prior to their acquisition of the property. Applicants agree, upon condominiumization approval, to restrict the rental of said units to periods of not less than six successive months (or in the alternative, to no more than two short term periods within any calendar year). Applicants would appreciate your consideration of this application by P & Z at its next regular meeting. I have enclosed a check in the amount of $50.00 to cover the filing fee. I have also attached two copies of the plat. We will be most happy to provide you with additional copies upon request. SACHS, KLEIN & SEIGLE By Jon�David Seigle Att ney for Applicants JDS/ap LI • MEMORANDUM TO: City Attorney City Engineering Department City Housing Director -Fire Marshal/Building Department FROM: Jack Johnson, Planning Office RE: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization) DATE: May 18, 1981 Enclosed is an application for subdivision exception submitted by Scott Edmondson, Patricia Edmondson, Michael Flynn and Thomas Sykes, Jr. This application requests approval to condominiumize three existing residences located on Lots E, F, and G, Block 16, in Aspen. This item has been scheduled for June 16, 1981, for the Aspen Planning and Zoning Commission. Please return any comments to the Planning Office by Tuesday, June 2nd. Thanks. JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN Planning -Office • SACHS KLEIN & SEIGLE ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN. COLORADO 81611 May 15, 1981 City of Aspen 130 South Galena Aspen, Colorado 81611 Re:. Request for Exemption from Subdivision Regulations Gentlemen: TELEPHONE (303) 925-8700 Request is hereby made on behalf of Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn and Thomas Allan Sykes, Jr., (hereinafter referred to as the "Applicants") under 520-19(a) of the City of Aspen Municipal Code, Sub- division Regulations, for an exception from the definition of the term subdivision with respect to.the following real property: Lots E, F, and G, Block 16, City of Aspen. It is submitted by the Applicants that the requested exception is appropriate. This application involves the condominiumization of three existing residences located on the subject property. These residences have been owner - occupied since the purchase of the subject property by these owners on November 20, 1978. Applicants Scott Edmondson and Michael Lawrence Flynn are both teachers in the Aspen schools and intend to reside in two of the residences which are presently on the subject property as does applicant Thomas Allan Sykes, Jr. Strict compliance with subdivision regulations would deprive the Applicants of their reasonable use of their land. If an exception.were granted, the owners of the property will have a common interest in the land and will promulgate a condominium declaration, by-laws and articles of incorporation applicable to the property which will not in any way increase the land use of the property. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are di- rected to assist the orderly, efficient and integrative development of the City of Aspen, to insure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions. It is further submitted by the Applicants that the exception is necessary for the preservation and enjoyment of sub- st�antial property rights and that the granting of the-ex- • • Planning Office City of Aspen May 15, 1981 Page Two ception will not be detrimental to the public welfare or injurious to other property in the area. The granting of this application will not undermine the intent of subdivision regulations and it is clearly within the area intended for exception under §20-19(a) of the City of Aspen Municipal Code. The buildings located on the property are already in existence and condominiumization of the subject property will not create any change in the present density which is now compatible with the zone den- sity for the property. As already stated, there is no rental history for these units during the period of Ap- plicants' ownership since they have all been owner -occupied for the past two and one-half years and the approval of this application for exception will not, therefore, reduce the supply of low and moderate income housing. Applicants have no knowledge of the rental history of the property prior to their acquisition of the property. Applicants agree, upon condominiumization approval, to restrict the rental of said units to periods of not less than six successive months (or in the alternative, to no more than two short term periods within any calendar year). Applicants would appreciate your consideration of this application by P & Z at its next regular meeting. I have enclosed a check in the amount of $50.00 to cover the filing fee. I have also attached two copies of the plat. We will be most happy to provide you with additional copies upon request. SACHS, KLEIN & SEIGLE By Joni ;David Seigle Att ney for Applicants JDS/ap • • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumizati.on) DATE: June 16, 1981 Location: 700 block of W. Francis Street (Lots E, F, and G, Block 16, City of Aspen) Zoning: R-6 Lot Size: Approximately 9,000 square feet Applicant's The applicants are requesting subdivision. exception for the Request: purposes of condominiumizatlon of three separate single family units. Engineering The applicant should be required to join a sidewalk, curb, is formed. Department: and gutter improvement district in the event one The owner/applicant should be required to obtain an encroach- ment license from the City for the fences which extend into both the alley and Francis Street right-of-ways. Following final approvals, the mylars should be submitted to this office with the surveyor's signature and seal. Building Comments from the Building Department were not available at Department: the writing of this memorandum. Comments will be made at the P & Z meeting. Planning A number of non -conformities exist. All three structures inconsistencies in this situation with the Area and Office: reveal Bulk Requirements of the R-6 zoning district in the area of minimum lot area per dwelling unit, and front, side and rear yard set backs. In addition, the absence of adequate on -site parking and the encroachment of fencing into neighboring properties as well as the City's alley and street right-of- ways create legal and technical complications, However, the Municipal Code does not regulate the condominiumization of nonconforming structures, or the issue of inadequate parking. Prior to this application being submitted to City Council, an encroachment license will be required covering the fence encroachments into City right-of-ways. The application letter indicates that the applicants have been owner/occupants of all three units in excess of the eighteen (18) month rental history review period, The applicants do consent to the rental restriction of each unit to periods of not less than six (6) successive months with two (2).shorter tenancies. Planning Office Planning Office recommends approval of the request for sub - Recommendations: division exception for the purposes of condominiumizing the Francis Street Condominiums subject to the following condi- tions: 1. Compliance with the Engineering Department memorandum dated June 3, 1981 to wit: a. The applicant should be required to join a sidewalk, curb, and gutter improvement district in the event one is formed. b. The owner/applicant should be required to obtain an encroachment license from the City for the fences which extend into both the alley and Francis Street right-of-ways. Memo: Edmondson/Flynn/Sykes Subdivision Exceptio ondomin*iurmization) Page Two June 16, 1981 c. Following final approvals, the mylars should be submitted to this office with the surveyor's signa- ture and seal. 2. Rental restrictions on all three units to six (6) month minimum leases with two (2) shorter tenancies. FRANCIS STREET -------�:----- ; ;---------------------------- 1 , 1 1 W/YEUOW PLASTIC CV S 15.09 11"E 89 9V I UNOT 2 I I I UNOT 1 Q�/���jn t21�^ R ONE STORY I ICE WOOD BUILDING �� I [ILI 1 Iceo � / o I �•f5=� I L.C.E. � ��.�,y p 8 r ZL;16 J E. I 1 12 � Q i 6.0 { St 1 I G 1 ; +I3 w 1 I I!; 1 I..-- 2 I „,,,/'~OOP SHEV� j m I I ° /TWO STORY// /•, / 1 i r WOOF DUILPING 11 11 1 UNOT 3 I I Q/VMP DUILPINGo I 1 / S / 1 I aouwo/ Rcn• A tEILOW ry.ASTIt U► �"� _ _ _ .---- jL-------..--"-w�oov i1w N l5'09 11"W 89 91. ALLE d - BL©CK lU R SACHS KLEIN & SEIGLE • JEFFREY H. SACHS ATTORNEYS AT LAW HERBERT S. KLEIN 201 NORTH MILL STREET JON DAVID SEIOLE ASPEN, COLORADO 61611 JAMES H. DELMAN May 15, 1981 Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 TELEPHONE ( 303 ) 925-8700 Re: Request for Exemption from Subdivision Regulations Gentlemen: Request is hereby made on behalf of Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn and Thomas Allan Sykes, Jr., (hereinafter referred to as the "Applicants") under §20-19(a) of the City of Aspen Municipal Code, Sub- division Regulations, for an exception from the definition of the term subdivision with respect to the following real property: Lots E, F, and G, Block 16, City of Aspen. It is submitted by the Applicants that the requested exception is appropriate. This application involves the condominiumization of three existing residences located on the subject property. These residences have been owner - occupied since the purchase of the subject property by these owners on November 20, 1978. Applicants Scott Edmondson and Michael Lawrence Flynn are both teachers in the Aspen schools and intend to reside in two of the residences which are presently on the subject property as does applicant Thomas Allan Sykes, Jr. Strict compliance with subdivision regulations would deprive the Applicants of their reasonable use of their land. If an exception were granted, the owners of the property will have a common interest in the land and will promulgate a condominium declaration, by-laws and articles of incorporation applicable to the property which will not in any way increase the land use of the property. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are di- rected to assist the orderly, efficient and integrative development of the City of Aspen, to insure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions. It is further submitted by the Applicants that the exception is necessary for the preservation and enjoyment of sub- st'antial property rights and that the granting of the ex- • • El K Planning Office City of Aspen May 15, 1981 Page Turo ception will not be detrimental to the public welfare or injurious to other property in the area. The granting of this application will not undermine the intent of subdivision regulations and it is clearly within the area intended for exception under 520-19(a) of the City of Aspen Municipal Code. The buildings located on the property are already in existence and condominiumization of the subject property will not create any change in the present: density which is now compatible with the zone den- sity for the property. As already stated, there is no rental history for these units during the period of Ap- plicants' ownership since they have all been owner -occupied for the past two and one-half years and the approval of this application for exception will not, therefore, reduce the supply of low and moderate income housing. Applicants have no knowledge of the rental history of the property prior to their acquisition of the property. Applicants agree, upon condominiumization approval, to restrict the rental of said units to periods of not less than six successive months (or in the alternative, to no more than two short term periods within any calendar year). Applicants would appreciate your consideration of this application by P & Z at its next regular meeting. I have enclosed a check in the amount of $50.00 to cover the filing fee. I have also attached two copies of the plat. We will be most happy to provide you with additional copies upon request. JDS/ap SACHS, KLEIN & SEIGLE By Jon�David Seigle Att ney Ifor Applicants •I't It Y • SACHS KLEIN & SEIGLE • JEFFREY H. SACH6 HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN Planning -Office City of Aspen 130 South Galena Aspen, Colorado 81611 ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN, COLORADO 81811 May 15, 1981 TELEPHONE (303) 925.8700 Re:. Request for Exemption from Subdivision Regulations Gentlemen: Request is hereby made on behalf of Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn and Thomas Allan Sykes, Jr., (hereinafter referred to as the "Applicants") under §20-19(a) of the City of Aspen Municipal Code, Sub- division Regulations, for an exception from the definition of the term subdivision with respect to.the following real property: Lots E, F, and G, Block 16, City of Aspen. It is submitted by the Applicants that the requested exception is appropriate. This application involves the condominiumization of three existing residences located on the subject property. These residences have been owner - occupied since the purchase of the subject property by these owners on November 20, 1978. Applicants Scott Edmondson and Michael Lawrence Flynn are both teachers in the Aspen schools and intend to reside in two of the residences which are presently on the subject property as does applicant Thomas Allan Sykes, Jr. Strict compliance with subdivision regulations would deprive the Applicants of their reasonable use of their land. If an excep ion.were granted, the owners --C J..t,.-. ,-----r -c, 7.71 1 1 hAVP A iC/(mmnn intere t in the land and will promulgate a condominium declaration, by-laws and articles of incorporation applicable to the property which will not in any way increase the land use of the property. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are di- rected to assist the orderly, efficient and integrative development of the City of Aspen, to insure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions. It is further submitted by the Applicants that the exception is necessary for the preservation and enjoyment of sub- st'antial property rights and that the granting of the-ex- Planning Office City of Aspen May 15, 1981 Page Two ception will not be detrimental to the public welfare or injurioys to other property in the area. The granting of this application will not undermine the intent of subdivision regulations and it is clearly within the area intended for exception under §20-19(a) of the City of Aspen Municipal Code. The buildings located on the property are already in existence and condominiumization of the subject property will not create any change in the present density which is now compatible with the zone den- sity for the property. As already stated, there is no rental_ history for these units during the period of Ap- plicants' ownership since they have all been owner -occupied for the past two and one-half years and the approval of this application for exception will not, therefore, reduce the supply of low and moderate income housing. Applicants have no knowledge of the rental history of the property prior to their acquisition of the property. Applicants agree, upon condominiumization approval, to restrict the rental of said units to periods of not less than six successive months (or in the alternative, to no more than two short term periods within any calendar year). Applicants would appreciate your consideration of this application by P & Z at its next regular meeting. I have enclosed a check in the amount of $50.00 to cover the filing fee. I have also attached two copies of the plat. We will be most happy to provide you with additional copies upon request. SACHS, KLEIN & SEIGLE By Jon David Seigle Att ney for Applicants JDS/ap • 0 MEMORANDUM TO: Jack Johnson, Planning Office FROM: Jay Hammond, Engineering Office \ DATE: June 3, 1981 RE: Edmondson, Flynn, Sykes Condominiumization, Lots E, F, and G Block 16, O.A.T. Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: 1. The applicant should be required to join a sidewalk, curb, and gutter improvement district in the event one is formed. 2. The owner/applicant should be required to obtain an encroachment license from the city for the fences which extend into both the alley and Francis Street right-of-ways. 3. Following final approvals, the mylars should be submitted to this office with the surveyor's signature and seal. 0 • CITY OF ASPEN 130 south galena street n�* 81611 MEMORANDUM DATE. May 20, 1981 To. Jack Johnson FROM: City Attorney iZE: Edmondson/Flynn/Sykes Subdivision Exception (Condo- miniumization) Applicant must demonstrate compliance with Section 20- 22, specifically subsections (b), (c) and (d). PJT:mc MEMORANDUM TO: City Attorney City Engineering Department City Housing Director Fire Marshal/Building Department FROM: Jack Johnson, Planning Office RE: Edmondson/Flynn/Sykes Subdivision Exception (Condominiumization) WE: May 18, 1981 Enclosed is an application for subdivision exception submitted by Scott Edmondson, Patricia Edmondson, Michael Flynn and Thomas Sykes, Jr. This application requests approval to condominiumize three existing residences located on Lots E, F, and G, Block 16, in Aspen. This item has been scheduled for June 16, 1981, for the Aspen Planning and Zoning Commission. Please return any comments to the Planning Office by Tuesday, June 2nd. Thanks. STATEMENT IN CONNECTION WITH • RE-RECORDING OF CONDOMINIUM DECLARATION STATEMENT made by and between the undersigned this 13th day of June, 1983. W I T N E S S E T H WHEREAS, the City of Aspen previously excepted the condominiumization of the three residential units located on Lots E, F and G, Block 16, City and Townsite of Aspen, Pitkin County, Colorado, from compliance with full subdivision procedures; and WHEREAS, the City of Aspen approved the form of the Condominium Declaration proposed to be recorded in connection therewith; and WHEREAS, it was intended that three exhibits be appended to said declaration prior to its recording which exhibits were designated as Exhibits "A", "B" and "C"; and WHEREAS, said declaration was inadvertently recorded Without said exhibits on June 3, 1983, in Book 446 at Pages 343 through 372 of the records of the Clerk and Recorder of Pitkin County; and WHEREAS, both the declarant and the City of Aspen desire that said declaration be re -recorded with the exhibits attached. NOW, THEREFORE, the undersigned hereby acknowledge that the attached Condominium Declaration may and should be re- recorded with the addition of Exhibits "A", "B" and "C" thereto and the Clerk and Recorder is hereby authorized to accept said declaration for re-recording. _ *00? A Lnj� Michael Lawrence Flynn On Behalf of All of the Declarants ►� J x i EXHIBIT A TO THE CONDOMINIUM DECLARATION FOR WEST FRANCIS STREET CONDOMINIUMS Lots E, F & G, Block 16 City and Townsite of Aspen County of Pitkin, State of Colorado • aw" FRANCIS STREET r.... �. ^- -----------------•------ Y. UNIT I UNIT 1 • � � f .tea•. ITMV� • I :I I £ � F I G �• f • -4 UNIT 3 •• i .....: r..rw•'... L- i - - — t. . �' / _ � ar i.�_._s�;s+�.,yi}'viru'�t.ii� = ALLEY-IILCCK IS FIRST FLOOR PLAN MATH ELEVATION UNIT 1 QM NC A'S C[ATIIKATC SECOND FLOOR NAM 'r r'•" ••"'•x �� EAST ELEVATION ST •Tr OF FAO",DOl .`yr TDNMTr OF � T.w f �w EAST ELEVATION NOATN ELEVATION v FIRST FLOOR PLAN STORAGE LOFT FWT UNIT 2 II y r cur It"Val l bawf" EuraTloo '.• t[COMO /TOOK PLAN I' FAT Two" PLAN, WEST UNIT 3 YvAy[rnA'j uatvlcAr� r r �I r U M O 1 D •9 to p WIT rr •.'sr •.r.r. r.rr.a..I.f._. "4r . �r• . ry FRANCIS STREET CLEAR AND RKCORQEA'1 g"!F!SAT( £ITT 2F AyrL AFI/IQv-S Irr • rr I ur a Va Y•r•. M PLAxww4 AND EOMIIIG COrrISSIOw AF►AOwL PIT UrGwEER'f AI►NOTAL w. Y ' •r Aw~ Vr r rY•• � MTV CONDOMINIUMS 0 Ak ww Sur ps ti TMw. Tr rI a• r c..rr F►M t >•..•I.I w •,nr .• AI... orr r..wr •. rr LUIS C.rrwr Neva. �r I• wrs.I.Ac s.DCAw c-+ sr.0 -" CITY of A$FE.. COAURAOO. EXHIBIT C TO THE CONDOMINIUM DECLARATION FOR WEST FRANCIS STREET CONDOMINIUMS Unit Desiqnation Unit 1 Unit 2 Unit 3 Percentage Undivided Interest 1/3 1/3 1/3 DECLARATION OF COVENANTS, RESTRIC`1'IONS AND CONDITIONS FOR THE WEST FRANCIS STREET CONDOMINIUM SCOTT EDMONDSON, PATRICIA EDMONDSON, MICHAEL LAWRENCE FLYNN, ANNE BENNETT FLYNN, THOMAS ALLAN SYKES, JR., and DOROTHY DELAPLANE SYKES, (hereinafter "Covenantors") for themselves individually and collectively and their heirs, personal representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumi- zation of the following described property (known as the West Francis Street Condominium), hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantors represent that they are the record title owners of the following described property, together with the improvements (including three residences) located thereon: Lots E, F and G, Block 16, Original Aspen Townsite, City of Aspen, County of Pitkin, State of Colorado also known as 717-721-725 West Francis Street, Aspen, Colorado 81611. 2. The sale of any of the dwelling units located on the above -described property shall be in strict compliance with the provisions of Section 20-22(a), Aspen Municipal Code. 3. The dwelling units located on the above -described pro- perty shall and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as described in Section 20-22(b), Aspen Municipal Code, as amended. 4. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judg- ment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Francis Street Condo- minium, Covenantors will make no objection to any special assess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantors further agree to join, upon demand therefor by the City, any improvement dis- trict formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the West Francis Street Condominium or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above -described property or any part thereof, and their heirs, representatives, successors and assigns, for the period of fifty (50) years from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflected by Resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of Scott Edmondson Michael Lawrence Flynn Thomas Allan Sykes, Jr. , 1983. Patricia Edmondson Anne Bennett Flynn Dorothy Delaplane Sykes 2 STATE OF COLORADO ss . County of Pitkin ) The foregoing instrument was acknowledges before me this day of , 1983, by Scott Edmondson, Patricia Edmondon, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address C ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of , 1983, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Scott Edomondson, Patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr. and Dorothy Delaplane Sykes and or Assigns, hereinafter referred to as "Licensees". WHEREAS, Licensees are the owners of the following described property located in the City of Aspen, Pitkin County, Colorado: Lots E, F and G, Block 16 City and Townsite of Aspen, Pitkin County, Colorado also known as 717-721-725 West Francis Street, Aspen, Colorado 81611 WHEREAS, said property abuts the following described public right-of-way: 700 Block of West Francis Street and the alley of Block 16, City and Townsite of Aspen WHEREAS, Licensees desire to encroach upon said right-of-way, said encroachment being more particularly described as follows and adjacent to the property described above: See Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Licensees desire to encroach upon said right-of-way for the following purpose: To maintain existing fences which encroach into the right-of-way for the street and the alley. WHEREAS, Aspen agrees to the grant of a private non-exclusive license of encroachment pursuant to Section 19-5, Aspen Municipal Code, as amended, subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensees covenant and agree as fol- lows: r� 1. A private non-exclusive license is hereby granted to Licensees to occupy, maintain and utilize the above -described por- tion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and with or without cause and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensees are responsible for the maintenance and repair of said encroachment, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensees shall at all times durnig the term hereof, carry sufficient public liability insurance against personal injury and property damage naming Aspen as a co-insured and pro- tecting Aspen against any and all claims and demands (including reasonable fees and costs of defense) as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensees shall and hereby do agree to release, indem- nify and hold Aspen whole and harmless against any and all claims for damages, costs and expenses, including expert witness fees and reasonable attorneys fees, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensees, or from any act or omission of any representative, agent, customer and/or employee of Licensees. 7. This license may be terminated by Licensees at any time and for any reason on thirty (30) days' written notice of its intent to terminate. This license may be terminated by Aspen at any time and for any reason by Resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensees shall, at their expense, remove any improvements or encroachments from said property and restore it to a condition satisfactory to Aspen. K 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its successors and assigns. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO By Mayor ATTEST: City Clerk LICENSEES: Scott Edmondson Patricia Edmondson Michael Lawrence Flynn Anne Bennett Flynn Thomas Allan Sykes, Jr. Dorothy Delaplane Sykes STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing Encroachment License Agreement was acknowledged before me this day of 311 and WITNESS my hand and official seal. My commission expires: , 198 , Notary Public Address • 0 ..w• , lq q.. «-M,n.. .. .. .dN L"11•a•.'.w.y' •..�✓w. r•i « .... ... ... ... •. .. .. M�t+.•7 �•... , • .. .... .. �Y�.N.•w' . ?..., .• w. ��la:w M•i.:.... .... ._� • H MC•w FRANCIS �'d'�BEIE'� 1 .--------------------------- ; �`— woov ru.ci 1 1 1 I rs'bAll W/YfIWM/ FLASTK W!�• t 5�5.09�11• E 69-56 /��,,nn ' � �UVOT 1 � 1 UMOT 2- • TWO ,TGRY...,. Ia _ r i kR/YELLOW VL ASTIC CA' ARScl. /P/N_2o �H__ 1 I ' � O ►..c.E. Lss.:A P —4--iw O ( SSQ22 1 � 1 1� 1 I n� Is Iw �r'OOP h1El / 1 S J I 1 �Tr10 5T0V,Y 1 1 y OOP BUIIDiNG 65 1° w 1 11 fit ' 1 �oS/ i 1 I ONE 5TORY/ II QiWOOV EtUILVING!o h: — �- i (j / IG�j/ 1 rouNo/ RcoAR/vtuvw vLASTK • .._ I '. .• -fOVNO/RL PARtCM/IY7otB REDAKw/YtgL!wPtASTKCAV�__ Iq __ _— .----^ I •^---Jam..----^^^-- wood i[wci N "15.09�II� W ti9'94 ALLEY - BLOC K IS EXHIBIT "AI' • • F_e DRA STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION WHEREAS, the provisions of Section 20-19 of the Aspen Munici- pal Code provide that the City Council may except a particular division of land from the full subdivision process under certain circumstances; and WHEREAS, pursuant to said Section 20-19, Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes (hereinafter "Owners") have requested such an exception from the full subdivi- sion process for the condominiumization of th Trancis Street Condominium on real property owned by them and known and described as follows: Lots E, F and G, Block 16, City and Townsite of Aspen, County of Pitkin, State of Colorado s w lf## . ,4 e f iro4 t /6 WHEREAS, the Aspen Planning & Zoning Commission on June 16, 1981, recommended approval of such request subject, however, to certain conditions; and WHEREAS, the Aspen City Council has determined that the requested exception was appropriate and on September 14, 1981, approved the owners' application for such exception subject to the following conditions: 1. The owners of the subject property shall for themselves, their successors and assigns agree and covenant to join an improvement district for construction of sidewalk, curb and gutter in the event such an improvement district is ever formed in the neighborhood. 2. The owners obtain an encroachment license for fences *44 jJesf extending into the alley rancis Street. 3. Compliance by the owners with requirements established by the Building Department of the City of Aspen, pursuant to the inspection contemplated by Section 20-22( ) of the Municipal Code. u • 4. Submission of the condominium plat to the City Engineer for approval. 5. Deed restriction of each condominiumized unit pursuant to Secton 20-22 of the Municipal Code of Aspen. PROVIDED, HOWEVER, that the foregoing exception is further expressly conditioned upon (1) the owners' recording with the Pitkin County Clerk and Recorde hat certain "Declara- tion Covenants, Restrictions and Conditions for the rrancis Street Condominium", dated , 1983, =-6m 7c Af-t A(- in 4— in__t: L-,a tt W1 and (2) the Applicant's strict compliance, for itself and for its successors and assigns, with the provisions contained therein and all other binding conditions of approval on this matter set by the Planning & Zoning Commission and/or the City Council. DATED this day of , 1983. erman Edel, Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization of Francis Street Condominium was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk % • • ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of , 1963 , by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and fit} �•Ir erJst*� Oykocc.* �J rrt=s * t4 doet +4 cs F�Ye� � ,nrt 8R,-.ubt f' ar, `i` or-�s Q i la+-S�� ;��' J and or Assigns, hereinafter referred to as "Licensees". A►re-.y p¢krl4n _�YpS WHEREAS, Licensees are the owners of the following described property located in the City of Aspen, Pitkin County, Colorado: tuft E r F .-s bee-Exr}fit- '��� r attach fie�cto and Rlocl�- i` -irreorporat-ed--herei-n by this referenee,. VMS t�Ff'�"' Co WHEREAS, said property abuts the following described public �s 96,0 right-of-way: W + ff" 5JMd OCR 70o g brl�-/� as A sr WHEREAS, Licensees desire to encroach upon said right-of-way, said encroachment being more particularly described as follows and adjacent to the property described above: See Exhibit 1(/attached hereto and incorporated herein by this reference. WHEREAS, Licensees desire to encroach upon said right-of-way for the following purpose: "Tr 2( .CA % A -a -JkA r �.► I ( -0. `� C41— `'''r� -ice a 1 bQ1, . WHEREAS, Aspen agrees to the grant of a private non-exclusive license of encroachment pursuant to Section 19-5, Aspen Municipal Code, as amended, subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensees covenant and agree as fol- lows: 1. A private non-exclusive license is hereby granted to Licensees to occupy, maintain and utilize the above -described por- tion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to � Wait Of _vL1 �v �f Giw'Lt G4- 11 being terminated at any time anIWfor any reason at the sole dis- cretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensees are responsible for the maintenance and repair of said encroachment, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensees shall at all times durnig the term hereof, carry sufficient public liability insurance against personal injury and property damage naming Aspen as a co-insured and pro- hdF °�► (r�G/pdr !"�S/rJFS':��li tecting Aspen against any and all c aims s a result of or arising out of the use and maintenance by Licensee of said property. re, MI-9.11^nr br.01-C 6. Licensees shall and hereby do agree t�'hold Aspen whole and harmless against any and all claims for damages, costs and expenses, including expert witness fees and reasonable attorneys fees, to persons or property that may arise out of, or be occa- sioned by the use, occupancy and maintenance of said property by Licensees, or from any act or omission of any representative, agent, customer and/or employee of Licensees. 7. This license may be terminated by Licensees at any time and for any reason on thirty (30) days' written notice of its intent to terminate. This license may be terminated by Aspen at any time and for any reason by kesolution duly passed by the City Council of the City of Aspen. Upon termination, Licensees shall, at their expense, remove any improvements or encroachments from said property and restore it to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its successors and assigns. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO By Mayor ATTEST: City Clerk LICENSEES: STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing Encroachment License Agreement was acknowledged before me this day of 1998 by ( bi'o VS here. Oet 4(-, A-dj *e:r eo-loo.;A cow. Lt.4 `s P�U"4'y l . WITNESS my hand and official seal. My commission expires: Notary Public Address STATE. OF COLORADO ) ) ss. County of Pitkin ) The foregoing Encroachment License.Agreement was acknowledged before me this day of , 198 , by WITNESS my hand and official seal. My commission expires: Notary Public Address' i fil DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE NCIS STREET CONDOMINIUM S At� SCOTT EDMONDS.ON, PATRICIA EDMONDSON, MIC4iAJL FLYNN, ANNE /FLYNN, THOMAS YKES, JR., and DOROTH ES, (hereinafter "Covenantors") for themselves individually and collectively and their heirs, personal representatives, successors and assigns, in consideration for the granting of an exception from the full sub- division process for the purpose of con om' iumization of the fol- lowing described property (known as the rancis Street Condo- minium), hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantors represent that they are the record title owners of the following described property, together with the improvements (including three residences) located thereon: Lots E, F and G, Block 16, Original Aspen Townsite, City of Aspen, County of Pitkin, ri- %Z1- 7 + State of Colorado also known a ��is Street Aspen, Colorado 81611. 2. The sale of any of the dwelling units located on the above -described property shall be in strict compliance with the provisions of Section 20-22(a), Aspen Municipal Code. 3. The dwelling units located on the above -described pro- perty shall and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar dW year, all as in Section 20-22(b), Aspen Municipal Code, as amended. 4. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judg- ment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Francis Street Condo- minium, Covenantors will make no objection to any special assess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantors further agree to join, upon demand therefor by the City, any improvement dis- trict formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, SWW gutters, sidewalks, street lights, etc.) in the area of th rancis Street Condominium or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a dis- trict. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above -described property or any part thereof, and their heirs, representatives, successors and assigns, for the period of fifty (50) years from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City o Aspen reflected by &esolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of , 1983. Scott Edmondson Michael Flynn Thomas Sykes, Jr. atricia Edmondson r Anne Flynn Dorothy I "Sykes • • OF COLORADO ) ) ss. :y of Pitkin ) The foregoing instrument was acknowledged before me this day of , 1983, by Scott Edmondson, Patricia Edmondon, Michael L. Flynn, Anne B. Flynn, Thomas A. Sykes, Jr., and Dorothy D. Sykes. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address 0 . i �� W NCIeM FRANCIS STREET 1 1 1 A � 1 5'l'� 09'II�F E994 A UNOT 2 I I _—UNOT 1 L.C.E. JCIP POCK I :a 1 L.G.E. ..A 0 j Tacos O 0-2 ° r $ ! G 1; L1 I a I I of p lei` I 1 I t W00') v SHED I I � I 1 /TWO STORY WOOD BUILDING ; E•iK � r la AI to I U,MT 3 Sj p R I 3 R p N ONE STORY/ R 1 ¢�YdpOP /ILPIHG!4 A ��-- II 1 —�—ram° w,it[ i[Mec p � tl GAP �'✓A ..—.--..--... . _____ wood ici+ci --N 15�C9 11"W 69914. ----,, ------------- ALLEY -BLOCK 16 /YELLOW PLASYICCAP .1 cnP/N-wog_ — REOAR /YELLOW RA)TIC U 9.� M FRANCIS STREET 1 ' UMOT 2 I I UN9gT 1 I1 I I I I I i Q ONE STORY WOOD BUILDING / I L.C.E. Y»-- n � I I I 7 I 1 L'ECK It I I I I 1 I 1 I J ! ° 1 L.C.E. M _ _ :..�.. 1�'OS 1 O 11 to O 4--- O rJ I I to 1 13 SHED I ! I I I 1 1 ' z I 1 ° TWO SYORY �� K I� f I WOOD BUII DIN j hFCV = to ji/� j / APbvE es° iI C� tlT7 0 1 3 el �n N ONE 5TORY/ " 1 1 I„ ¢/WOOD B��ING/4 .IOW ilA5TIC CAP_tl �, �.��s..e. li -- ------- ��..,.�-��' wo'ov rcwci �N75"0911"W 8994 A]L]LEY -BLOCK I6 WV/REBAR/YELLOW VLASTICCAP !ND RE BAR{cAP/H��___ R ,pAR,NXU-oW ►LA9fiC CA RE6AR![AI/�� ADDENDUM TO CONDOMINIUM DECLARATION FOR WEST FRANCIS STREET CONDOMINIUMS This Addendum to the Condominium Declaration for West Francis Street Condominiums (hereinafter "Declaration") made this day of , 1983 by all of the owners of that real property situated in the County of Pitkin, State of Colorado described in Exhibit A to the Condominium Declaration for West Francis Street Condominiums. The following terms, conditions and restrictions are hereby added to the Declaration and incorporated therein. 1. In the event that an improvement district is ever formed in the neighborhood of the West Francis Street Condominiums for the purpose of construction of sidewalk, curbs and gutters, the owners of the condominium units shall agree to join said improvement district. 2. The condominium units shall and hereby are restricted to six-month minimum leases with no more than two (2) shorter tenancies per calendar year as required by the Aspen Municipal Code, as amended. 3. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the condominium units or any part thereof, their heirs, representatives, successors and assigns. 4. None of the covenants contained in this Addendum shall be released or waived in any respect during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this Addendum has been duly executed this _.2J day of /✓1 1983. Scott Edmondson - kan-0 LOLWU� -V� Michael Lawrence Flynn --Amo A&I41ko 'IL, Thomas Allan Sykes, Jr. Anne Bennett Flynn STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Addendum to Condominium Declaration was subscribed and sworn to before me this /-L-1 day of , 1983 by Scott Edmondson, Patricia Edmondson, Michael Lakrence Flynn, Thomas Allan Sykes, Jr., Anne Bennett Flynn and Dorothy Delaplane Sykes. Witness my hand and official seal. My commission expires: Nota y Public Addr s: 201 N(WM ► oil Q3throof, Aanm Cx%I wAAn a Aw A to -2- • pRAF STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION WHEREAS, the provisions of Section 20-19 of the Aspen Munici- pal. Code provide that the City Council may except a particular division of land from the full subdivision process under certain circumstances; and WHEREAS, pursuant to said Section 20-19, Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes (hereinafter "Owners") have requested such an exception from the full subdivi- sion process for the condominiumization of the Francis Street Condominium on real property owned by them and known and described as follows: Lots E, F and G, Block 16, City and Townsite of Aspen, County of Pitkin, State of Colorado WHEREAS, the Aspen Planning & Zoning Commission on June 16, 1981, recommended approval of such request subject, however, to certain conditions; and WHEREAS, the Aspen City Council has determined that the requested exception was appropriate and on September 14, 1981, approved the owners' application for such exception subject to the following conditions: 1. The owners of the subject property shall for themselves, their successors and assigns agree and covenant to join an improvement district for construction of sidewalk, curb and gutter in the event such an improvement district is ever formed in the neighborhood. 2. The owners obtain an encroachment license for fences extending into the alley from Francis Street. 3. Compliance by the owners with requirements established by the Building Department of the City of Aspen, pursuant to the inspection contemplated by Section 20-22( t of the Municipal Code. 4. Submission of the condominium plat to the City Engineer for approval. 5. Deed restriction of each condominiumized unit pursuant to Secton 20-22 of the Municipal Code of Aspen. PROVIDED, HOWEVER, that the foregoing exception is further expressly conditioned upon (1) the owners' immediate recording with the Pitkin County Clerk and Recorder that certain "Declara- tion Covenants, Restrictions and Conditions for the "Francis Street Condominium", dated 1983, a copy of which is attached hereto as Exhibit "A", and (2) the Appl-t-c-Ant's strict compliance, for itself and for its successors and assigns, with the provisions contained therein and all other binding conditions of approval on this matter set by the Planning & Zoning Commission and/or the City Council. DATED this day of Herman Edel, Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney 01 1983. I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization of Francis Street Condominium was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of , 19 , by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and and or Assigns, hereinafter referred to as "Licensees". WHEREAS, Licensees are the owners of the following described property located in the City of Aspen, Pitkin County, Colorado: See Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, said property abuts the following described public right-of-way: WHEREAS, Licensees desire to encroach upon said right-of-way, said encroachment being more particularly described as follows and adjacent to the property described above: See Exhibit "B" attached hereto and incorporated herein by this reference. WHEREAS, Licensees desire to encroach upon said right-of-way for the following purpose: � �� i us WHEREAS, Aspen agrees to the grant of a private non-exclusive license of encroachment pursuant to Section 19-5, Aspen Municipal Code, as amended, subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensees covenant and agree as fol- lows: 1. A private non-exclusive license is hereby granted to Licensees to occupy, maintain and utilize the above -described por- tion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole dis- cretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensees are responsible for the maintenance and repair of said encroachment, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensees shall at all times durn'Jg the term hereof, carry sufficient public liability insurance against personal injury and property damage naming Aspen as a co-insured and pro- tecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensees shall and hereby do agree to hold Aspen whole and harmless against any and all claims for damages, costs and expenses, including expert witness fees and reasonable attorneys fees, to persons or property that may arise out of, or be occa- sioned by the use, occupancy and maintenance of said property by Licensees, or from any act or omission of any representative, agent, customer and/or employee of Licensees. 7. This license may be terminated by Licensees at any time and for any reason on thirty (30) days' written notice of its intent to terminate. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensees shall, at their expense, remove any improvements or encroachments from said property and restore it to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed.on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its successors and assigns. - IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO ATTEST: City Clerk By Mayor LICENSEES: STATE OF COLORADO ) '— ) ss. County of Pitkin ) The foregoing Encroachment License Agreement was acknowledged before me this day of , 198 , by WITNESS my hand and official seal. My commission expires: Notary Public Address r • • STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing Encroachment License Agreement was acknowledged before me this day of , 198 , by WITNESS my hand and official seal. My commission expires: Notary Public Address' st.^ .�... _.,..�....�....-�,... ,.,. .....�_._..._..�• - - -__ -----.vim._._. _- ..�.-� - .�,.,.� 3161 1 Regular Meeting Aspen City Council September 14, 1981 R RESOLUTION #48 (Series of 1981) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND TIGA ADVERTISING, INC. SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH TIGA ADVERTISING INC. MAY SOLICIT AND SELL COMMERCIAL ADVERTISING AND ADVERTISING SPACE IN ALL CITY OWNED BUSSES Councilman Parry moved to adopt Resolution #48, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. CASTLE RIDGE LAUNDRY FACILITIES Monroe Summers reminded Council they had decided not to provide washers and dryers in the individual units at Castle Ridge. There is a demand for these type facilities from the tenants. Storage spaces in four units could be made into common laundry facilities at a cost of about $2,000 each. Western Slope Asset Managements has agreed to bear these costs in exchange for a lease and the right to operate the laundries for five years with no money to the city. Assistant City Manager Lois Butterbaugh said a resolution to do this will have to be approved by the Housing Authority as opposed to the City Council. The staff will bring a resolution to the Housing Authority if it is indicated Council supports this. Council agreed with the proposal and will address a resolution as the Housing Authority. SUBDIVISION EXCEPTION - Edmundson/Flynn/Sykes Colette Penne, planning office, told Council this is located in the 700 block of West Francis. The zoning is R-6 and there is 9,000 square feet. The applicants are requesting subdivision exception to condominiumize three separate single family units. Ms. Penne told Council a number of non -conformities exist; the structures are inconsistent with the area and bulk requirements. There is a lack of parking and encroachments in the alley. Ms. Penne told Council the applicants have been owners of the units in excess of 18 months. The applicants have agreed to the six month minimum lease provision. Ms. Penne pointed out a long list of requirements from the building department. The applicants are will to do whatever is necessary. The planning office recommends approval with the conditions as outlined in the memorandum. ,I Councilwoman Michael moved to approve the subdivision exception for the purpose of condo- miniumizing the Francis Street Condominiums subject to the following conditions; (1) the applicant be required to join a sidewalk, curb and getter improvement district in the event one is formed. (2) the owner/applicant be required to obtain an encroachment license from the city for the fences which extend into both the alley and Francis street rights -of -way; (3) compliance with the building department's requirements; (4) following final approvals, the mylars should be submitted to the engineering deparmtnet with the surveyor's signature and seal; (5) rental restrictions on all three units to six month minimum leases with two shorter tenancies; seconded by Councilman Parry. All in favor, i motion carried. LOT LINE ADJUSTMENT - Sturgis/Thomson 11 Colette Penne, planning office, said this is located at 820-824 Roaring Fork road in an R-15 zone district. The request is to permit a boundary line adjustment, to which both parties agree. Adjusting the boundary will form an adequate side yard setback and will decrease the non -conformity slightly. i) �t Councilman Parry moved to approve the lot line adjustment between the Sturgis and Thomson properties as per the revised final plat; seconded by Councilman Knecht. II Councilman Collins asked if this changed the density at all. Lennie Oates, representing the applicants, said it did not. �i All in favor, motion carried. ORDINANCE #56, SERIES OF 1981 - Rules of Procedure/Commercial Core and Lodging Commission Councilman Parry moved to read Ordinance #56, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #56 (Series of 1981) AN ORDINANCE REPEALING AND REENACTING SECTION 5 OF ORDINANCE NO. l(SERIES OF 1981) SO AS TO REDUCE THE QUORUM REQUIREMENT FOR THE TRANSACTION OF BUSINESS OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION FROM FOUR (4) TO THREE (3) was read by the city cleark Councilman Knecht moved to adopt Ordinance #56, Series of 1981, on first reading; seconded' by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. II ORDINANCE #58, SERIES OF 1981 - Fund and Appropriation Reductions Finance Director Ron Mitchell told Council this implements the five per cent reductions in budget dues to the sales tax revenues. Councilman Parry moved to read Ordinance #58, Series of 1981; seconded by Councilman ! Collins. All in favor, motion carried. �� STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, the provision,,-, of Section 20-19(b) of the Aspen Municipal Code provide that, following receipt of the recommendation from the Planning Commission, the City Council may exempt a particular division of land from the definition of a subdivision set forth in Section 20-3 (s) of t_he cone, when, in the judgment of the City Council, such div.;s:ion of land is not within the intent and purpose of the subdivision regulations, and WHEREAS, pursuant to said Section 20-19(b), Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr., Dorothy Delaplane Sykes have requested such an exemption for the condominiumization of the Francis Street Condominium on real property known and described as: Lots E, F, and G, Block 16, City and Townsite of Aspen, County of Pi.tka_n, State of Colorado. WHEREAS, the Aspen Planning & Zoning Commission, recommended approval of such request, and WHEREAS, the Aspen City Council has determined that the proposed condominiumization is not within the intents and purposes of subdivision regulation, and on September 14, 1981 approved the owners' application for exemption from the definition of subdivision subject to the following conditions: 1. The owners of the subject property shall for themselves, their successors and assigns agree and covenant to join an improvement district for construction of sidewalk, curb and gutter in the event such an improvement district is ever formed in the neighborhood. 2. The owners obtain an encroachment license for fences extending into the alley from Francis Street. 3. Compliance by the owners with requirements established by the Building Department of the City of Aspen. 4. Submission of the condominium plat to the City Engineer for approval. 5. Deed restriction of each condominiumized unit pursuant to Section 20--22 of the Municipal Code of Aspen. s 10 restricted to six (6) month minimµm leases with no more than two (2) shorter tenancies per year.. THEREFORE, the Aspen City Council, pursuant to the authority granted in Section 20-19(b) of the Aspen Municipal Code, does hereby determine and declare that the proposed condominiumization of the property above -described is not within the intents and purposes of Chapter 20 of the Aspen Municipal Code and does hereby waive the enforcement of the City subdivision regulations with respect thereto. Done this day of , 193_ by the Aspen City Council at its regular meeting held on said date. Herman lIde l , Mayor ATTEST: Kathryn. S. Koch City Clark STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this day of _ , 1.93 Iierman Ede)_ and %:a•t.hryn S. Koch personally hno%v:n to Me to be Ma* or and City Clerk of the CS_ty of Aspen, Colorado. Witness ray hand and official seal. iIy commission expires: Notary Fublic Address: -2- restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year. THEREFORE, the Aspen City Council, pursuant to the authority granted in Section 20-19(b) of the Aspen Municipal Code, does hereby determine and declare that the proposed condominiumization of the property above -described is not within the intents and purposes of Chapter 20 of the Aspen Municipal Code and does hereby waive the enforcement of the City subdivision regulations with respect thereto. Done this day of , 198 by the Aspen City Council at its regular meeting held on said date. Herman Edel, Mayor ATTEST: Kathryn S. Koch City Clerk STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this day of , 198 Herman Edel and Kathryn S. Koch personally known to me to be Mayor and City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires: Rotary Public Address: -2- f • • 17, 19u3 James H. Delman, Esq. Sachs, Mein & Seigle 201 North Mill Street A. -;pen, Colorado 61611 Re: Edmondson/Flynn/Syxes Condominiumization rc-ar Jim: Enclosed herewith are drafts of my proposed Statement of Exception and Deed Restrictions in the above -referenced Natter. Also enclosed is a blank Eneroachmerit License Agreement. Please review them and let me know if they are acceptable. I understand .from our conversation last week, that you will be checkinq with your clients (and possibly the Building Department) on the status of the Section 20-22(e) inspection and compliance. I will be out of town from May 20 to May 30 and should be back in the office on �Iay 31. Very truly your., Gary S. Fsary Assistant City Attorney G5tL/mc Enc. DRP� r ENCROACHMENT LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of , 19 , by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and and or Assigns, hereinafter referred to as "Licensees". WHEREAS, Licensees are the owners of the following described property located in the City of Aspen, Pitkin County, Colorado: See Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, said property abuts the following described public right-of-way: WHEREAS, Licensees desire to encroach upon said right-of-way, said encroachment being more particularly described as follows and adjacent to the property described above: See Exhibit "B" attached hereto and incorporated herein by this reference. WHEREAS, Licensees desire to encroach upon said right-of-way for the following purpose: WHEREAS, Aspen agrees to the grant of a private non-exclusive license of encroachment pursuant to Section 19-5, Aspen Municipal Code, as amended, subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensees covenant and agree as fol- lows: 1. A private non-exclusive license is hereby granted to Licensees to occupy, maintain and utilize the above -described por- tion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole dis- cretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensees are responsible for the maintenance and repair of said encroachment, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensees shall at all times durnig the term hereof, carry sufficient public liability insurance against personal injury and property damage naming Aspen as a co-insured and pro- tecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensees shall and hereby do agree to hold Aspen whole and harmless against any and all claims for damages, costs and expenses, including expert witness fees and reasonable attorneys fees, to persons or property that may arise out of, or be occa- sioned by the use, occupancy and maintenance of said property by Licensees, or from any act or omission of any representative, agent, customer and/or employee of Licensees. 7. This license may be terminated by Licensees at any time and for any reason on thirty (30) days' written notice of its intent to terminate. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensees shall, at their expense, remove any improvements or encroachments from said property and restore it to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its successors and assigns. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. THE CITY OF ASPEN, COLORADO M ATTEST: City Clerk STATE OF COLORADO ) ) ss. County of Pitkin ) VMS LICENSEES: The foregoing Encroachment License Agreement was acknowledged before me this day of , 198 , by WITNESS my hand and official seal. My commission expires: Notary Public Address • • STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing Encroachment License Agreement was acknowledged before me this day of , 198 , by WITNESS my hand and official seal. My commission expires: Notary Public Address' • • � }� tip, �� DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE FRANCIS STREET CONDOMINIUM SCOTT EDMONDSON, PATRICIA EDMONDSON, MICHAEL L. FLYNN, ANNE B. FLYNN, THOMAS A SYKES, JR., and DOROTHY D. SYKES, (hereinafter "Covenantors") for themselves individually and collectively and their heirs, personal representatives, successors and assigns, in consideration for the granting of an exception from the full sub- division process for the purpose of condominiumization of the fol- lowing described property (known as the Francis Street Condo- minium), hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantors represent that they are the record title owners of the following described property, together with the improvements (including three residences) located thereon: Lots E, F and G, Block 16, Original Aspen Townsite, City of Aspen, County of Pitkin, State of Colorado also known as Francis Street, Aspen, Colorado 81611. 2. The sale of any of the dwelling units located on the above -described property shall be in strict compliance with the provisions of Section 20-22(a), Aspen Municipal Code. 3. The dwelling units located on the above -described pro- perty shall and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar dsu(! bird year, all as in Section 20-22(b), Aspen Municipal Code, as amended. 4. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judg- ment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Francis Street Condo- minium, Covenantors will make no objection to any special assess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantors further agree to join, upon demand therefor by the City, any improvement dis- trict formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the Francis Street Condominium or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a dis- trict. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above -described property or any part thereof, and their heirs, representatives, successors and assigns, for the period of fifty (50) years, whichever period is less, from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City ofAspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of , 1983. Scott Edmondson Patricia Edmondson Michael L. Flynn Anne B. Flynn Thomas A. Sykes, Jr. Dorothy D. Sykes 0 • STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 1983, by Scott Edmondson, Patricia Edmondon, Michael L. Flynn, Anne B. Flynn, Thomas A. Sykes, Jr., and Dorothy D. Sykes. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address lar Meeti Aspen Citv Council RESOLUTION #48 (Series of 1981) 3161 September 14, 1981 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND TIGA ADVERTISING, INC. SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH TIGA ADVERTISING INC. MAY SOLICIT AND SELL COMMERCIAL ADVERTISING AND ADVERTISING SPACE IN ALL CITY OWNED BUSSES Councilman Parry moved to adopt Resolution #48, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. CASTLE RIDGE LAUNDRY FACILITIES Monroe Summers reminded Council they had decided not to provide washers and dryers in the individual units at Castle Ridge. There is a demand for these type facilities from the tenants. Storage spaces in four units could be made into common laundry facilities at a cost of about $2,000 each. Western Slope Asset Managements has agreed to bear these costs in exchange for a lease and the right to operate the laundries for five years with no money to the city. Assistant City Manager Lois Butterbaugh said a resolution to do this will have to be approved by the Housing Authority as opposed to the City Council. The staff will bring a resolution to the Housing Authority if it is indicated Council supports this. Council agreed with the proposal and will address a resolution as the Housing Authority. II SUBDIVISION EXCEPTION - Edmundson/Flynn/Sykes Colette Penne, planning office, told Council this is located in the 700 block of West Francis. The zoning is R-6 and there is 9,000 square feet. The applicants are requesting subdivision exception to condominiumize three separate single family units. Ms. Penne told Council a number of non -conformities exist; the structures are inconsistent with the area and bulk requirements. There is a lack of parking and encroachments in the alley. Ms. Penne told Council the applicants have been owners of the units in excess of 18 months. The applicants have agreed to the six month minimum lease provision. Ms. Penne pointed out a long list of requirements from the building department. The applicants are will to do whatever is necessary. The planning office recommends approval with the conditions as outlined in the memorandum. i Councilwoman Michael moved to approve the subdivision exception for the purpose of condo- miniumizing the Francis Street Condominiums subject to the following conditions; (1) the applicant be required to join a sidewalk, curb and getter improvement district in the event one is formed. (2) the owner/applicant be required to obtain an encroachment license from the city for the fences which extend into both the alley and Francis street rights -of -way; (3) compliance with the building department's requirements; (4) following final approvals, the mylars should be submitted to the engineering deparmtnet with the surveyor's signature and seal; (5) rental restrictions on all three units to six month minimum leases with two shorter tenancies; seconded by Councilman Parry. All in favor, motion carried. LOT LINE ADJUSTMENT - Sturgis/Thomson Colette Penne, planning office, said this is located at 820-824 Roaring Fork road in an R-15 zone district. The request is to permit a boundary line adjustment, to which both parties agree. Adjusting the boundary will form an adequate side yard setback and will decrease the non -conformity slightly. Councilman Parry moved to approve the lot line adjustment between the Sturgis and Thomson properties as per the revised final plat; seconded by Councilman Knecht. Councilman Collins asked if this changed the density at all. Lennie Oates, representing �! the applicants, said it did not. All in favor, motion carried. ORDINANCE #56, SERIES OF 1981 - Rules of Procedure/Commercial Core and Lodging Commission Councilman Parry moved to read Ordinance #56, Series of 1981; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #56 (Series of 1981) AN ORDINANCE REPEALING AND REENACTING SECTION 5 OF ORDINANCE NO. l(SERIES OF I' 1981) SO AS TO REDUCE THE QUORUM REQUIREMENT FOR THE TRANSACTION OF BUSINESS ;I OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION FROM FOUR (4) TO THREE (3) was read by the city cleark i Councilman Knecht moved to adopt Ordinance #56, Series of 1981, on first reading; seconded by Councilman Parry. Roll call vote; Councilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Edel, aye. Motion carried. ORDINANCE #58, SERIES OF 1981 - Fund and Appropriation Reductions Finance Director Ron Mitchell told Council this implements the five per cent reductions in budget dues to the sales tax revenues. I) Councilman Parry moved to read Ordinance #58, Series of 1981; seconded by Councilman i Collins. All in favor, motion carried. j{ ASPEN*PITKIN04EGIONAL BUILCAG DEPARTMENT M E M O R A N D U M TO: Gary Esary, Assistant City Attorney FROM: Jim Wilson, Chief Building Official DATE: June 7, 1983 RE: 717- 725 W. Francis Condominium With the issuance of a Certificate of Occupancy on May 31st, 1983 for 717 W. Francis Street, all three structures involved with the Sykes condominium- ization (717-725 W. Francis) are in compliance with the requirement.s of Section 20-22 (e) of the City Code. offices: mail address: 110 East Hallam Street 506 East Main Street Aspen, Colorado 81611 303/925-5973 Aspen, Colorado 81611 CITY OF ASPEN qw MEMO FROM GARY S. ESARY Jam• 3 2.00(- �, le fec�e�� C�a�l bad �cav-� "AIAN ,r r�t d- 44a5t cr- QSPEN/PITKIN PLANNING OFFICE • 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100— 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: Project: Address: Phone:-� Check No. Date: Receipt No. P W-. ACHS, KLEIN & SEIGLE MEMO FROM: James H. Delman To: Date: Z3 C 3 FRANCIS STREET II II FOUND/KEBAK/YELLOW PLA5TICCAP FOUND; REBARW/YEUAW PLASTIC CAP 575'09 11 E 89 94 FOUND/KE6AR4CAP/N 18 II L.C.E. :-�y5 Jih 0 II J o 4— 24 OO Ilr G ICw E . 11 E ll W UN -} II II 3 9 z II WOOD SHED m I II /TWo STORY II II S I h WOOD BUILDING W00 II II E 11 II ; I 7 OV II II I d s 675 5 II II - 4 1111 II II �- II II g•gg ,� II � I 209 5-5 I II I ONE STORY 1 II II � QiWOOD ��ING%o I II I I II II 16.5 I 5ET:REBAKW/YELLOW PLASTIC CAP�_� II II _ =J I1L_ _—__— WOOD FENCE N -75'09'11"W 89-94 000YQAA- 2(5 CH 77 = CH 6 55 d ° NI b A I o vowil 0io 3.3 NI m 'i,I "i, V V FIRST FLOOR PLAN UNIT 3 ® NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within six years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. ALLEY BLOCK 16 SECOND FLOOR PLAN II II it II II - � I 2c•os II O II 0 II o II° v I Cry P II 3 III Il 0 III IIN II II II II IIW IIz 114 Ilg IIo II; II II II I II II II II II II II II r==— W1itE FENCE II L-- II LFOLINP/ REI3AR/YELL.OW PLASTIC CAP FOUND/RESARECAP/N' 9CAS. ti}'Slddp. ,�rG �—Ib�81 717 A Fkujls---,/ar7.S�.5 72s, Alt n h EAST ELEVATION Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 ----- CH 7.9------— 30,3 FIRST FLOOR PLAN NORTH ELEVATION WT R CH 7 95 FIRST FLOOR PLAN UHI]T 2 SOUTH ELEVATION CH 5.5 CI! -- - — — CH 11.0— 6 hb 22.9 cN 55 SECOND FLOOR PLAN EAST ELEVATION STORAGE LOFT PLAN T930.90_ 7934.26 EAS f ELEVATION NORTH ELEVATION NOTE: L.C.E. LIMITED COMMON ELEMENT. G.C.E. GENERAL COMMON ELEMENT. SURVEYOR'S CERTIFICATE I, JAMES F RE5ER, A REG15TEREP LAND SURVEYOR, HEREBY CERTIFY THAT THIS MAP REPRESENTS AN ACTUAL FIELD SURVEY PERFORMED UNDER MY DIRECTION AND 5UPERV15ION ON MAY 6, 1981 OF LOTS E, F, t G, BLOCK 16, CITY OF A5PEN , COLORADO, AND THAT THE BUILDINGS WERE FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY AS SHOWN HEREON. THE LOCATION It DIMENSIONS OF THE BOUNDARY LINES, BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME ANP ENCROACHMENTS BY OR ON THESE PREM15E5 ARE ACCURATELY SHOWN ON TH15 MAP ANV THE MAP ACCURATELY AND 5U56TANTIALLY DEPICT5 THE LOCATION ANb THE HORIZONTAL AND YEF71CAL MEA5UREMENT5 OF THE BUILDINGS, THE CONDOMINIUM UNITS THEREIN, THE UNIT DE5IGNATION5 THEREOF UNDER THE INSTRUCTIONS PROVIDED ME BY THE OWNER, THE DIMENSIONS OF SAID UNITS AND THE ELEVATIONS OF THE FLOOR AND CEILINGS. ALPINE 5URVEY5 MAY , 1981. BY : JAMES F. RESER L.S. 9184. O 5 10 15 20 30 40 50 FT. SCALE : I" = 10' BA515 OF BEARING' N IV50'•4-`i'E BETWEEN THE NW CNR, BLK 16 A CITY MON., AND THE 5W -CNR, A YELLOW PLASTIC CAP N' 'j181+. OF BLOCK 15, CITY OF ASPEN. FRANCIS STREET Surveyed MAY 6, 081. P.B. Revisions Drafted MAY 12, 1981. G.L, OWNERS CERTIFICATE SCOTT EDMONDSON, PATRICIA EDMONDSON MICHAEL LAWRENCE FLYNN, ANNE BENNETT FLYNN THOMAS ALLAN SYKES JR., DOROTHY DELAPLANE 5YKE5 A5 OWNERS OF LOTS E, F, $ G, BLOCK 16, CITY OF ASPEN, COLORADO, HEREBY CERTIFY THAT TH15 MAP OF FRANCIS STREET CONDOMINIUM5 HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR FRANCI5 STREET CONDOMINIUMS DATED ------------------ AND RECORDED IN BOOK ---------- AT FAG E------- OF THE RECORD$ OF PITKIN COUNTY, COLORADO. L,5COTT EDMONDSON. OWNER C. PATRICIA EDMONDSON, OWNER O IC Ai LAWRENCE FLYNN, OWNER S ° ANNE BENNETT FLYNN OWNER THOMAS ALLAN SYKE$,JR., OWNER DOROTHY DELAPLANE SYKE5,OWNER STATE OF COLORADO I S.S. COUNTY OF PITKIN THE FOREGOING OWNER5' CERTIFICATE WA5 ACKNOWLEDGED BEFORE ME TH15_ -_.------- DAY OF --___-1981, BY SCOTT EDMOND50N, PATRICIA EDMONDSON, MICHAEL LAWRENCE FLYNN ANNE BENNETT FLYNN+ THOMA5 ALLA.N 5YKE5 JR, 1� DOROTHY DELAPLANE 5YKES A5 OWNERS. WITNE55 MY HAND AND OFFICIAL SEAL MY COMM15510N -------------------- NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE TH15 CONDOMINIUM MAP OF FRANCIS STREET CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO AT ------- O'CLOCK__._.M., THIS_ DAY OF____________, 1981 AND WAS DULY FILED IN BOOK________,AT RECEPTION W --------------------------------------- PITKIN COUNTY CLERK AND RECORDER. CITY OF ASPEN APPROVAL THIS CONDOMINIUM MAP OF FRANCIS STREET CONDOMINIUMS WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF A5PEN,COLORADO, DAY OF__________,1981. ---------- ------------------ - ---- HERMAN EDEL KATHY KOCK MAYOR CITY CLERK PLANNING AND ZONING COMMISSION APPROVAL TH15 CONDOMINIUM MAP OF FRANCIS STREET CONDOMINIUM$ WAS APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING COMM155ION THIS___________ DAY OF --------------- 1981, ----------------------- CHAIRMAN CITY ENGINEER'S APPROVAL TH15 CONDOMINIUM MAP OF FRANCIS STREET CONDOMINIUMS WA5 APPROVED BY THE CITY ENGINEER OF THE CITY OF A5PEN, COLORADO, THIS DAY OF --- 1981 ----------------- CITY ENGINEER CONDOMINIUMS Title CONDOMINIUM SURVEY LOTS E,F, & G. BLOCK 16 CITY OF ASPEN, COLORADO. Job No t$ I - 5 L Client SYKES K&E 19 1154 8-80 MC9540 FOUND; REBAR W/YELLOW VLA51IC CAP II I II I II I II I II I II I ql II I II I II I II I II I III SET: REBAR W/YELLOW PLA5TIC CAP ��► II II I ]FRANCIS STREET II II S75'09'11"E 89.94 II UN9T 2 IL F/1r..4101 I I I I 0 CH T7 V I s I 6 5 L 44 CH (6.55 3.9 T o NI o ODI o N V P PO W it 0-10= 2.1 — — 3.3 NI n N cl rn FIRST FLOOR PLAN UMT 3 Vnnrr ­,,..,,.,, i_.. _............... based upon any defect in this survey within six years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. v ON MT I TWO STORY/ /WOOD BUILDING/ 26•05 G.C.E. n = I � CID SHE r I 9' / I rvU >TORY//� WOOD BUILDING WOOD I°C I W ,j W a a L I675 •5 E.::..:.:.:..:... 9 31 5 UMT I I I 1" 12.05 3 I I //9 I I N ONE STORY/jN I 16/WOOD BUILDING/2 I I I WOOD FENCE N 75`09'11°W 89-94 ALLEY e BLOCK 16 SECOND FLOOR PLAN FENCE I i i EAST ELEVATION A prne Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 II II FOUND/REBAR/YELLOW PLASTIC CAP II F0UND/REgAK4CAP/N'-9O18 L== -FOUND/ REBAR/YELLOW PLASTIC CAP -FOUNP/ REBAR>E CAP/ N* 901E . —----- - CH 7.9 30 3 FIRST FLOOR PLAN NORTH ELEVATION UMT A CH 7 95 FIRST FLOOR PLAN WT 2 SOUTH ELEVATION F55III iLIZ --- -385 yb O 22.3 <H S 5 SECOND FLOOR PLAN EAST ELEVATION STORAGE LOFT PLAN 79 i0 90 7934-26 7927-22 79M 34 _AST E _VATION OWNER'S CERTIFICATE SCOTT EDMONDSON, PATRICIA EDMONDSON MICHAEL LAWRENCE FLYNN, ANNE BENNETT FLYNN, THOMAS ALLAN SYKES JR., DOROTHY DELAPLANE 5YKE5 A5 OWNERS OF L075 E, F, 4 G, BLOCK %, CITY OF ASPEN, COLORADO, HEREBY CERTIFY THAT T1415 MAP OF FRANCIS STREET CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR FRANCIS STREET CONDOMINIUMS DATED_________________ AND RECORDED IN BOOK ---------- AT PAGE ------- OF THE RECORDS OF PITKIN COUNTY, COLORADO - SCOTT EDMONDSON OWNER PATRICIA EDMONDSON, OWNER MICHAEL LAWRENCE FLYNN, OWNER --------------------- ANNE BENNETT FLYNN, OWNER THOMAS ALLAN 5YKE5,JR., OWNER ------------------------ DOROT14Y DELAPLANE SYKE5,OWNER STATE OF COLORADO� S.S. COUNTY OF PITKIN THE FOREGOING OWNER5' CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ---------- DAY OF -------------- 1981, BY 5COTTEDMOND50N, PATRICIA EDMONDSON, MICHAEL LAWRENCE FLYNN, ANNE BENNETT FLYNN THOMAS ALLAN 5YKE5 JR., 'r DOROTHY DELAPLANE 5YKE5 AS OWNER5. WITNE55 MY HAND AND OFFICIAL SEAL MY COMM155)ON EXPIRES -------------------- NOTARY PUBLIC 7926.50 _ 792104 __ 7919.82 NORTH ELEVATION NOTE: L.C.E. LIMITED COMMON ELEMENT. G.C.E. GENERAL COMMON ELEMENT. SURVEYOR'S CERTIFICATE I, JAME5 F. RE5ER, A REGISTERED LAND SURVEYOR, HEREBY CERTIFY THAT THIS MAP REPRE5ENT5 AN ACTUAL FIELD SURVEY PERFORMED UNDER MY DIRECTION AND 5UPERV15101.1 ON MAY 6, 1981 OF LOTS E, F, t G, BLOCK 16, CITY of ASPEN, COLORADO, AND THAT THE BUILDINGS WERE FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY A5 SHOWN HEREON. THE LOCATION t DIMEN51ON5 OF THE BOUNDARY LINES, BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREM15E5 ARE ACCURATELY SHOWN ON TH15 MAP AND THE MAP ACCURATELY AND 5U56TANTIALLY DEPKT5 THE LOCATION AN6 THE HORIZONTAL AND VERTICAL MEASUREMENTS OF THE BUILDING5, THE CONDOMINIUM UNIT5 THEREIN, THE UNIT DE51GNATION5 THEREOF UNDER THE INSTRUCTIONS PROVIDED ME BY THE OWNER THE DIMEN51ONS OF SAID UNIT5 AND THE ELEVATIONS OF THE FLOOR AND CEILINGS CLERK AND RECORDER'S CERTIFICATE TH15 CONDOMINIUM MAP OF FRANCIS STREET CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO AT ------- O'CLOCK__.M., TH15_ DAY OF___1981 AND WAS DULY FILED IN BOOK___ __._,AT PAGE -------- -, RECEPTION No_____ -- -- — - -- --- ----------_..._ PITKIN COUNTY CLERK AND RECORDER. CITY OF ASPEN APPROVAL THIS CONDOMINIUM MAP OF FRANCI5 STREET CONDOMINIUMS WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF A5PEN,COLORADO, TH15 DAY OF '1981. HERMAN EDEL KATHY KOCH MAYOR CITY CLERK PLANNING AND ZONING COMMISSION APPROVAL TH15 CONDOMINIUM MAP OF FRANCIS STREET CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS - ------ .. DAY OF --------------- 1961. CHAIRMAN ALPINE 5URVEY5 BY - JAMES F. RE5ER . MAY 1981. L.5.9184 CITY ENGINEER'S APPROVAL TH15 CONDOMINIUM MAP OF FRANCI5 STREET CONDOMINIUM5 WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN COLORADO THIS ---__ DAY OF -------------- 1')81 /1�� ------------------- CITY ENGINEER kk 0 5 10 15 20 30 40 50 FT. SCALE - 1` = 10' BA515 OF BEARING s N 14'50'4.9'E BETWEEN THE NW CNR, BLK 1(6 A CITY MON., AND THE 5W CNR, A YELLOW PLASTIC CAP N' 9184 OF BLOCK 15, CITY OF A5PEN. FRANCIS STREET ND CO OMINI M U S Surveyed MAY 6 , 19s1. P.B. Revisions Drafted MAY 12 , 1981. G.L. Title CONDOMINIUM SURVEY LOTS E , F, 81 G. BLOCK 16 CITY OF ASPEN, COLORADO. ,lob No 81- 52 Client SYKES