HomeMy WebLinkAboutcoa.lu.ec.925 E Durant Ave.1987 21A-87
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: '7/1/'t7 PARCEL ID ANp CASE NO.
DATE COMPLETE: . ;2.131/'0-&1-005 B-IA-?J7
STAFF MEMBER: () / :, ,/ !
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APPLICANT:_Mp5 r A-D/(,RJlL
Applicant Address: "-P, i L fLvY'1155 I ,ksl)f' fj ,Ch ~I Ie lei-
REPRESENTATIVE :(~n U / ("')ClJ IIA-fR
Representative A dreSSjPhOne~ir J1IP(,~ _ ~U) j t'Jn
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TYPE OF APPLICATION:
PAID: ~ NO AMOUNT: ~ 360.60
1 STEP ~ICATION: \ S.T~ 'I') A ;vl, (",,. lor, \7":> C c-. ("J
'\'o nOTICe '(C:>i'--"
P&Z MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED:
INITIALS:
2 STEP APPLICATION:
@
MEETING DATE: A~ 10.
DATE REFERRED: q-;K).gf
PUBLIC HEARING: YES~
INITIALS:,-/ le./
REFE~LS :
V/City Attorney
==:z city Engineer
Housing Dir.
Aspen Water
city Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Pax:ks Dept.
Hoiy Cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Bldg:ZonjInspect
Roaring Fork
Energy Center
Other
FIN?UTING:
City Atty
DATE ROUTED: c?/';;'8- INITIAL: ,ct;f-
city Engineer Bldg. Dept.
Other:
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FILE STATUS AND LOCATION:
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ASPEN/PITKIN PLANNING OFFICE
130 So Galena Stceet
Aspen, CO 81611
(303) 925-2020
, .ft.. D.C., Jf11,J0'/9t-'l-
(JpJ/Ul ~I))
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This is to infocm you that the Planning Office has completed its
pceliminacy ceview of the captioned application. We have detecmined
that youc application IS NOT complete.
Additional items cequiced include:
L.
Disclosuce of Ownecship (one copy only needed)
Adj acent pcopecty Ownecs List/Envelopes/Postage (one copy)
Additional copies of entice application
Authorization by owner for cepcesentative to submit applica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
Your appl ication ,is complet.e and ed it for
rev iew by the t. hi" r'Q'U1)rd_
call yo u if we needlrany add1 ho nal
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum., Please note that it
IS NOT your cesponsibility to post your property with a
sign, which we can pcovide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we ceceive the matecials we have
cequested, we will place you on the next available agenda.
If you have any questions, please call
the planner assigned to your case.
Sincerely,
ASPEN/PITKIN PLANNING OFFICE
~... .#
FINAL DISPOSITION FOR 925 HYMAN SUBDIVISION EXCEPTION
Planner- Glenn Horn
On August 10, 1987 the city Council considered and approved a
request from Spence Schiffer, on behalf of the Cantrup Estate
creditors to vacate the final plat for 925 East Durant. There
were no condi tions imposed by the ci ty Council, however, the
Council directed the City Attorney to file a notice of the plat
vacation.
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MEMORANDUM
FROM:
Aspen City Council
Glenn Horn, Assistant Planning Director -A,{Z
Robert Anderson, city Manager
TO:
THRU:
RE:
925 East Durant Subdivision Exception - Plat Vacation
DATE:
August 4, 1987
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summax:y and Recommendation
Spence Schiffer as Trustee for the unsecured creditors of the
Cantrup Bankruptcy Estate has submitted an application to vacate
a final plat for 925 East Durant, a 12 unit employee housing
proposal. The Planning Office recommend approval of the applica-
nts request.
Background
Location - 925 East Durant Street as depicted on attachment
1.
Property Description
also known as lot
approximately 12,000
- Lots
1 925
square
F,G,H,I, Block 119 City of Aspen
East Durant. The lot contains
feet and is presently vacant.
Applicant Spence schiffer, Trustee for the Unsecured
creditors of the Cantrup Bankruptcy Estate
Referral Comments
Engineering Department - The Engineering Department has no
comments (see attachment 2).
city Attorney The City Attorney commented that the
granting of the application will inure to the benefit of the
creditors of the cantrup bankruptcy estate (see attachment
3) .
Issues and Concerns
In April of 1982 Hans B. cantrup recorded an approved plat for
the proposed employee housing project known as 925 East Durant.
The 925 East durant project was the employee companion to the
free market project known as 500 South Galena. Both projects
were abandoned and the 925 East Durant project was formally
terminated in a letter from Wayne Chapman, City Manager, dated
Februax:y 13, 1983 (see attachment 4).
" ,
As part of the Cantrup Bankruptcy reorganization the title to the
925 East Durant property was conveyed to Spence Schiffer to be
held in trust for the Estate creditors. Schiffer has executed a
contract to sell the property on behalf of the creditors, but is
required to vacate the plat as a condition of the sale.
Recommendation
The Planning Office recommends that the city council approve a
subdivision exception for the purposes of vacating the previously
approved plat for 925 East Durant and direct the City Attorney to
prepare and record a Notice of vacation of the Plat. If you
concur with our recommendation the appropriate motion is.
"I move to vacate the Final Plat for 925 East Durant
signed by the Mayor Pro-tem on April 7, 1983 and direct
the City Attorney to prepare and record a notice of the
Final Plat vacation."
City Manager's Comments
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Attachment 1
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V\lAiERS AV~.
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VICINITY
MAP
TRACE.D FROM ANNEXATIONS II/IAP
ASPEN, COLO.'
SCALE I" ~ 'too'
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Attachment 2
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MEMORANDUM
To: Glenn Horn, Planning Office
From: Chuck Roth, Assistant City Engineer r2f-
Date: August 3, 1987
Re: 925 E. Durant Subdivision Exception
Having ceviewed the above referenced application, the Engineering
Department has the following comments:
1. Since the application is for the vacation of a previously
approved plat, the Engineering Department has no comments.
cc: Jay Hammond, Director of Public Works
CR/cc/caseload.9
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Attachment 3
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asp en;'co 10 r a'd:9 .
303-925.:Jifto
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PEN 11[\' JUL 2 3
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MEMORANDUM
DATE: July 22, 1987
TO: Glenn Horn, Planning Office
FROM: city Attorney
--
RE: 925 East Durant Subdivision Exception
We have no comments at this time, except to observe that the
granting of the application will inure to the benefit of the
creditors of the Cantrup bankruptcy estate.
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Attachment 4 . -1.zt " t':'.7::i;l~
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Th~ above-referencf!d project Is subject to the gen",ral provldon. -i.... '~
of the Aspen Municlp.l Code, the condition. on the proj.ct. arhlrl'll.'~,
from the City's land-use approval and building permit proc... an4~:
a nu~ber of dccuments memorializing tho.e proce..... Tho.. 4ocg~;?:;
Ilenta include a Growth Management Plan (GMP) Allot"ent Ext.n.lon",
Agreement found at Book 425 Page 231 of the record. "f Pitkin .,<"
County, ,~lorado: a Subdivision Aqreement (925 B. Durant) fognd at,
Book 425 Page 234 of the recorda of Pitkin County, Colondo, a "';1~ .
Subdivisbn AQreement (700 S. Galena) found at Book 425 Page 721'~. ;/'
of the records of Pitkin County, Colorado, ancl a Subdlvhlon Plat'<\~~';:':'
found In Plat Book 13 Page 33 of the record. of Pitkin County,:.C"'~_' .;'
Colorado. ' ';,'~'~"
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The legal description of the land Involved In the 925 I. Durant:'?::;.-
portion of the 'oint project Is: "',,"".
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CITY OF ASPEN
130 soulh galena strut
aspen, colorado 81611
303'925'2020
February 18, 1983
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BSC Investments
c/o Hans B. Cantrup
P.O. Box 388
A.pen, Colorado 81612
Re:
925 E. Durant/700 S. Galena Joint Project
Dear Hr. Cantrup:
Lots F, G, H and I.
Block 119,
City of I\.pen,
County of Pitkin, State of
Colorado.
The lpgal description of the land Involved In the 700 8.
portion of the joint project 1.,
Lot 16 and Parcel B,
Block 2,
Anthony Acre. Subdivision,
CI ty of A.pen.
County of Pitkin, State of Colorado.
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EXHIBIT. B
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This IHter constitutes notice as (0110...81 ".:;;~:i!:l;<'if
~;m~;t~~o~I~:P:~d B~~~d~~11~~~m~i ~~; ~~~~i~a~~~~:r:: ~.~~:' /:~~:~1'
...!th, IntH alia, Section 7-141, Aspen Municipal Code, .. ..end~,.',c~!,"l .'
and relevant sect ',)ns of the Unltorm BullcHn9 Code, as adop~~ by""j!::~""
the Aspen Municipal Code, , ,~f}'i,;;;~
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2. The GOI,P ....llot "ent for looth portions or ~he joint proj~~ h.. 'if:;"'k
expired by the pas,'age of time and the failure or the allot.ent. ,;:~;
holder to comply ....th, Inter !!!!' the GMP Allot.ent laten.lon, ~~;
"9re-ement .bov.-r~te[red to, '~" ._~
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3. The,Subdlvider In the Subdivision Aqreement ror the 700 I.
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Galena portion of the joint project is in .aterial bruch or that.;i!::I
....greement by the passage of time and Subcl1vider'. t.llure to CO.-.'T""
ply ...Ith, Inter alia, the provhlons of Paragraph 4 ot the Subc!l--'~:
vision AgreementfOund at Book 42S Page 721 at the ncord. ot 'It.;t '
kin County, Colorado. ".~'~
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Letter to "BC Inve~tments
February 18, 1983
Page Two
Pursuant to your obligations pursuant to the above-rererenced GK"~Y-
....llotm.nt LX t~ns ion 1.q rcement, the reI p.vant prov ision. ot the :-c~
ahove-ref~rp.nced Subdivision Agreements and the relevant provl- '.
slons of thp. Aspen Municipal Code and Uniform Building Code, you
are further advised to return both of the joint project bulldin9
sites to grade and return them to a safe and 1....ful condltion.
This Notice will he flIed for record in th~ office or the Pltkln
County Clerk and ~ecorder.
P8ul J. ddcne, City ....ttorney
Sunny Vann, Planning Office
Patsy Newbury, Building Department
Dan Mc....rthur, EnglneerlnQ Department
Spencer P. Schifrer, Esq., ....ttorney tor HBC Invest.ent.
Me.bera of Clt" Council
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APPLICANT:
OWNER:
PROPERTY
DESCRIPTION:
PURPOSE OF
APPLICATION:
REASON:
BACKGROUND:
r".......
APPLICATION TO VACATE SUBDIVISION PIAT
DATED JULY 7. 1987
Spencer
Unsecured
Estate
F. Schiffer as
Creditors of
Trustee for the
Cantrup Bankruptcy
Same (See Title Commitment attached hereto as
Exhibit "A")
Lots F, G, H and I, Block 119, city and
Townsite of Aspen, also known as Lot 1, 925
East Durant Subdivision (Street Address: 925
East Durant Avenue, Aspen, Colorado. Vacant
lot of approximately 12,000 square feet.
To Vacate the Subdivision Plat Recorded on
April 16, 1982 in Plat Book 13 at Page 29,
Reception No. 240685
The Plat was prepared, approved, and recorded
for "a proposed 12 unit condominium situated
on Lots F, G, H and I in Block 119, City and
Townsite of Aspen, Colorado ..." by Hans B.
Cantrup, then owner. (See Plat) It was
apparently prepared and recorded in order to
meet certain deadlines imposed by the
Municipal Code; however, since it was prepared
and filed in connection with the condominium-
ization of a project which was abandoned and
for which all of the approvals were termi-
nated, it is a nullity and should be vacated.
As part of the confirmed Plan of Reorganiza-
tion for the Cantrup Bankruptcy Estate title
to the subject property was conveyed to
Spencer F. Schiffer to be held in trust for
the benefit of the unsecured creditors.
Schiffer was authorized to sell the property
and has, in fact, executed a contract on
behalf of the unsecured creditors which
requires as a condition to purChaser'S
obligation to perform, the vacation of the
Plat. The Plat appears as an exception to
title in Schedule B of the title commitment
attached hereto as Exhibit "An.
The Plat had been approved for the condo-
miniumization of 12 low income studio units
.....,....,.
which were the employee housing portion of a
companion Cantrup free market project known as
500 South Galena. The construction of the 12
unit project was to be followed by an addi-
tional 12 units following the approval of a
Residential Bonus Overlay.
Although the Plat was approved and recorded in
April, 1972, the project was abandoned and the
approvals were formally terminated by letter
from the City Manager dated February 18, 1983,
a copy of which is attached hereto as Exhibit
"B".
The Applicant respectfully requests that the City
Council adopt a resolution confirming termination of the
approvals and directing that the City Attorney prepare and
record a Notice of Vacation of the Plat.
Respectfully submitted,
Dated: July 7, 1987
Spencer F. Schiffer as Trustee
for the Unsecured Creditors of
the Cantrup Bankruptcy Estate
SFS1A/53
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kwyers l1tle Insurance C9rporation
Nationl. Heedqulr1.rll
Richmond. V.rginil
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1 Ellecllve Olle: April 14, 1987 at 8:00 A.M.
Cne No
PCT-446-87
2 POliCY 0' pollc.e$ to be iuued
ee)
lII2I ALTA Owne,'a Policy-Form B- 1970 (Rev, 10-17.70' Rev, 10-17-84)
o ALTA Reaillentiel Tnle Inlurence Policy-1979
Proposed inaured: TO BE DETERMINED
Amount' TO BE DETERMINED
0>1 ALTA Loan Policy, 1970lRev, 10-17-70' Rev, 10-17.841
Proposed inaured:
Amount'
Ie)
Proposed insured
Amount'
3, T,tle to 1he fee simple estate or inlerest in 1he land
desc,ibed or referred to in this Commitment is at the effective date hereof vested in:
SPENCER SCHIFFER, in trust for the Unsecured
Creditors of said Cantrup Estate
. _ The land referred to in this Commitment is described as follows'
LOTS F, G, H, and I,
BLOCK 119,
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN,
STATE OF COLORADO.
CounterSigned 8
EXHIBIT A
Commitment No BE-225380
Schedule A-Pege 1
ThiS commitment is invalid unless
the insuring Provisions end Sched-
ules A end B are attached
rIOIl~I"I"'1
I!Lwyers l1tle Insurance (9rporation
Nltionll Htldqul"lr.
Richmond. VHgin..
SCHEDULE 8-Section 1
Requirements
The to1l0wlng ere 'he requirements 10 be compiled with.
lIem (I' Plymentto or lor the Iccount of the grlntors or mOrlglgors 01 the lull consideration lor the estlte or interest
to be Insured
110m (bl p, oper instrument!s) creatong the esllle or inleresllo be insured musl be e.eculed Ind duly Irled lorrecOfd.
to.WI'
I. Deed fro. Spencer Schiffer, in trust for the Unsecured Creditors of .aid
Cantrup Estate vesting fee simple title in parties to be determined.
NOTE: The company hereby reserves the right to add additional requirements'
and/or exceptions as deemed necessary upon naming of the proposes insured.
2. Evidence satisfactory that the Real Estate Transfer Tax as. established by
Ordinance No. 20 (series of 1979) has been paid or exempted.
3. Evidence satisfactory that the Right of First Refusal recorded April 3, 1985
in Book 483 at Page 9SS has been complied with.
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This commitment is invabd unless
the Insunng ProvIsions and Sched-
ules A and B are attached
SChedule B,SeC\lon ,-Plge '-Commitment No BE-22S380
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k .,' , ~rs llale Insurance r - t"ration
N" TION"l HE"DOUARTERS
RICHMOND. VlRGINI"
SCHEDULE I-Section 2
E.c..Plion.
The policy or policie. to be '..ued will contoin e.ception. to the following unle.. the lame ore di.po.ed 01 to
the loli.loclion of the Company:
1. RighI, or claim. 01 partie. in pOlleuion not Ihown by the public record I,
2. EClemen", or claims crt eOlemen'" not thown by the public. recordl.
3. DiKrepontiel. confHc.. in boundary line., Ihortage in area, encroac.hment.., and any foeti which
o correc1 lurvey and inlpection 01 the premile. would dilclole and which are nol Ihown by the
public records.
A. Any lien, or right to a lien, for lervice.., labor or mat.rial heretofore Or hereof'.r furnilhed, im-
paled by law and not .hown by the public recordl,
5. Defects, liens, encumbrances, adverse claim. or other matterl, If any, creoted. fi,.. appearing in
the public record. or attaching lublequent to the effeclive dole hereol but prior to the dole the
proposed insured acquires of record for value the ..'ote or intereat or mortgoge thereon covered
by this Commitment.
6. Taxes due and payable; and any tax, apecial assessment, charge or lien
imposed for water of aewer service, or for any other special taxing
district.
7. Reservations and exceptions as contained in the Deed from the City of
Aspen providing as follows: that no title shall be hereby acquired to
any mine of gold, silver, cinnabar or copper or to any valid mining
claim or possession held under existing laws and subject to all the
conditions, limitations and restrictions contained in Section 2386
of the Revised Statutes of the United States.
8. Those matters as disclosed on the Plat of 925 E. Durant, recorded
April 16 ,1982 in Plat Book 13 at Page 29.
Exceptions numbered
NONE
ore hereby omitted.
ThE" Owner'!, Potic)' to be issued, if any. sholl contoin the following item!> in addition to the One:!. $el forth abovE'.
(1) The- Oepd of lru!>t, if any. required under Sche-dule B-Section 1, hem (bl.
(2) Unpatented mining claims; reservation!. or exception!. in patents or in Acts authorizing iuuonce
thereof; woler right!.. claims or title to woler.
(3) Any ond 011 unpaid to xes, O:los,essmenb and unre-deemed lox "oles..
Schedule 8-Sec1ion 2-Poge l-NoBE-225380
fOffT' 91 -88 82 Rod" I'h
03~.l.oB8-0S04
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,rs lllle Insurance (9/'" ,,.afion
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National Headquarter.
Richmond. Virginia
COMMITMENT FOR TiTlE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation, he.ein called the Company. for valuable
consideretion, hereby commil5to issue lIS policy or policies oltille insurance, es identilied in Schedule A. in lavor 01 the
proposed Insured named in Schedule A. es owner Dr mortgagee 01 the eSlete or Inloresl covered hereby in the land
described or relerred to In Schedule A. upon paymenl 01 the premiums and chargestherelor; all subject to the prOVisions
01 Schedules A and 8 and to the Conditions and Stipulations hereol,
This Commitment shall be elleclive only when the identity 01 the proposed Insured and the amount ollhe policy or
policies commilled lor have been inserted in Schedule A heraol by Ihe Company. eilher atlhe lime ollhe issuance ollhis
Commitment or by subsequent endorsement.
This Commilment is preliminary 10 the issuance 01 such poliCY or policies ollille insurance and all liability and
obligations hereunder shall cease and terminate six (6) months efte, the effective date hereof or when the policy or
policies committed tor shall issue. whichever firs. occurs. provided that the failure to issue such policy or policies is not the
fault 01 the Company, This Commilmentshall nol be valid or binding until counlersigned by an authorized ollicer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and 58aled. to become valid when
countersigned by an authorized officer or agent of the Company, ell in accordance with its 8y~Lews. This Commitment is
ellective as 01 the date shown in Schedule A as -Effective Date,-
.
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CONDITIONS AND STIPULATIONS
-~ ,
,. The term "mortgage," when used her.in.~ shall include deed of trust. trust deed. or other security instrument.
2, II the proposed tnsured has or acquires aClual knowledge 01 any delectlien. encumbrance. adverse claim or olher
matter effecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereol, and shalllailto disclose such knowledge to the Company in writing, the Company shall be relieved
from liability 'Dr eny loss or damage resulting 'rom any acl of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge, lithe proposed Insured shall disciose such knowledge to the Company. or il
the Company otherwise acquires aClual knowledge of any such defect. lien. encumbrance. adverse claim or other
mailer. the Company at its option may amend Schedule B olthis Commitment accordingly. but such amendment shall
not relieve the: Company from liabilitY previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. liability of the Company under this Commitment shall be only to the named proposed Insured and such panies
included under the definition of Insured in the form of policy or policies committed 'or and only 'or actual loss
incurred in reliance hereon in underlaking in good faith (a) to comply with the requirements hereof. or(b)to eliminate
exceptions shown in Schedule B. or (e) to acquire or create the estate or interest or mongage thereon covered by this
Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for end such liability is subject to the insuring provisions and the Conditions and Stipulations and the
E.clusions 'rom Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and lire made 8 part of this Commitment except as expreSSly modified herein.
.. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and 8re subject to the provisions of this Commitment
~ lltle I~ (9rporatlon
07kc, ~~
President
Attest:
kaY ~ JL-
Secretary.
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Dear Mr. Cantrupl
~he abo;e-referenc~d project i. .ubject to the 9.nr.ral provl.lon.'~.
of the Aspen Municipal Code, the condition. on the proj.ct arl.l",;
from the City'. land-use approval and building per.it proce.. ~.~
a number of document. memorialiling tho.. proc...... !ho.. docg.~
.ent. include a Growth Managellent Plan (GMP) Allot..nt btendo-..-:'
Agreement found at look 425 Pag. 231 of the r.cord. "r 'ltkln it',
County, r~loradol a Subdivi.ion A9r.e.ent ('25 I. Durant) found ~
look 425 Page 234 of the recordl of Pitkin County, Colorado, .~:
Subdivisi:>n AQrnment 1700 S. UIIlena) found at Book 425 'ag. ,a1.
of the records of Pitkin County, Colorado, and a 'ubcl1YlIlon .1_."'~
found in Plat Book 13 Page 33 of the record. or .itkin C:Ountf,'~.:"
Colorado. '~.Q ,
~he legal description of the land involved in the .25 I. Duran~1t~
portion of the 'oint project 111 I,
LoU :iO~k ~1;~d I, ~( .
City of Alpen,
County of Pitkin, State of Colorado.
~he l"gal description of the land Involved In the 700 ..
portion of the joint project i.,
Lot 16 and 'arcel B,
Block 2,
Anthony Acre. Subdivi.ion,
City of A.pen,
County of Pitkin, Stat. of Colorado.
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CITY OF ASPEN
130 lOulll Illeu Urul
upn. colorlh 11611
3OJ'flS'Z010
rebruary 11, 1'83
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!IIC lnveat.~nU
c/o Han. B. Cantrup
'.0. 80. 381
A.pen, Colorado 11612
.el .25 E. Durant/700 S. Galena Joint Proj.ct
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EXHIBIT. B
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L.tt.r to HBC Inv.stm.nt.
'.bruary II, 1'13
Pall. Two
Thl. l.tter con.tltute. notice a. follow..
I. City of A.pen Bul1d;nll Per.lt NQ. SOli h.. e.plred bf tile. ~~
paK.ai.o! time and the failure of the per.lt ~lder to oo.plr "~
with, Int..r alia, S.ctlon 7-141, A.".n Munlclpll Code, .. .ended.."
and rf'levant~t','n. of the Uniform BUlldln, code, .. a40pted n',~"
the A.p.n Municipal Cod., "';'.::"-
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2. TII. GIll' Allotaent for Loth portion. of the ,:tolnt pro'eot .....:
..plnd by the p",'all. of tllle .nd the failure ol tll. IUotllent .~-
holder to coOlply 'hth, Inter alia, the GMP Allot.ent IIteneion .' .
"'tenent abov.-nfernatO'i - ,';'
'Y.
3. TII..Subdlvlder In the SubdlvJ.lon "'r....nt for the 700 I.'
Galena portion of the joint project J. In .aterlal breach of till
Agr.....nt by the pauage of tI.. and Snbohvld.r'. failure to __
ply with, Jnter alia, the provl.lon. of Parallraph . of the IUbll-
vi. Ion Agrieiint-rDUnd at Book .25 Pall. 721 of the r.oord. Of 'it
kin Count.y, Color.do. ..'
Punuant to your obllgatJon. punuant to the above-ref.renced ...;.,.
Allot..nt t:ncnslon Aqre.m.nt, the r.hvant provhlona of tbe - J:"
above-ref..r..nced Subdlvlelon Agree..ente and the rel.vant prowl- ~
alons of th.. Aspen Municipal Code and UnHon BUl1dln, Code, rou. -: .
ar. fUrlhu advleed to return both of the joint project bvUdl", 'll'-
elt.s to grade and r..turn th... to a aafe and lawful condition.,
This Notlc. will he filed for r.cord In th~ office of the .itkln
County Clerk and R.cord.r.
~0
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'aul J. dd~ne, City Attorn.y
Sunny Vann. Planning Offlc.
Pat.y Newbury, Bulldlnll Depart..nt
Dan McArthur, Englne.rlnQ Depart.ent
Ipenc.r r. Schlff.r, Esq., Attorn.y for
....b.n of Clt" Council
HBC Invest..nta
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APPLICANT:
OWNER:
PROPERTY
DESCRIPTION:
PURPOSE OF
APPLICATION:
REASON:
BACKGROUND:
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APPLICATION TO VACATE SUBDIVISION PLAT
DATED JULY 7. 1987
Spencer
Unsecured
Estate
F. Schiffer as
Creditors of
Trustee for the
Cantrup Bankruptcy
Same (See Title Commitment attached hereto as
Exhibit "A")
Lots F, G, H and I, Block 119, City and
Townsite of Aspen, also known as Lot 1, 925
East Durant Subdivision (Street Address: 925
East Durant Avenue, Aspen, Colorado. Vacant
lot of approximately 12,000 square feet.
To Vacate the Subdivision Plat Recorded on
April 16, 1982 in Plat Book 13 at Page 29,
Reception No. 240685
The Plat was prepared, approved, and recorded
for "a proposed 12 unit condominium situated
on Lots F, G, H and I in Block 119, City and
Townsite of Aspen, Colorado ..." by Hans B.
Cantrup, then owner. (See Plat) It was
apparently prepared and recorded in order to
meet certain deadlines imposed by the
Municipal Code; however, since it was prepared
and filed in connection with the condominium-
ization of a project which was abandoned and
for which all of the approvals were termi-
nated, it is a nullity and should be vacated.
As part of the confirmed Plan of Reorganiza-
tion for the cantrup Bankruptcy Estate title
to the subject property was conveyed to
Spencer F. Schiffer to be held in trust for
the benefit of the unsecured creditors.
Schiffer was authorized to sell the property
and has, in fact, executed a contract on
behalf of the unsecured creditors which
requires as a condition to purChaser'S
obligation to perform, the vacation of the
Plat. The Plat appears as an exception to
title in Schedule B of the title commitment
attached hereto as Exhibit "A".
The Plat had been
miniumization of 12
approved for the condo-
low income studio units
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which were the employee housing portion of a
companion Cantrup free market project known as
500 South Galena. The construction of the 12
unit project was to be followed by an addi-
tional 12 units following the approval of a
Residential Bonus Overlay.
Although the Plat was approved and recorded in
April, 1972, the project was abandoned and the
approvals were formally terminated by letter
from the city Manager dated February 18, 1983,
a copy of which is attached hereto as Exhibit
"B".
The Applicant respectfully requests that the
Council adopt a resolution confirming termination of
approvals and directing that the City Attorney prepare
record a Notice of Vacation of the Plat.
city
the
and
Dated: July 7, 1987
submitted,
SFS1A/53
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EXHIBIT A
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING
SPECIAL REVIEW FOR A REDUCTION OF PARKING AND A FLOOR AREA BONUS,
A COMMERCIAL GROWTH MANAGEMENT SCORE OF 27.91 POINTS, AND
RECOMMENDING A GMQS EXEMPTION TO COUNCIL FOR EMPLOYEE HOUSING
MITIGATION FOR THE STAPE LIMITED LIABILITY COMPANY APPLICATION, 702
WEST MAIN STREET (EAST 10 FEET OF LOT R AND ALL OF LOT S, BLOCK 18)
ASPEN, COLORADO.
Resolution No. 93-3~
WHEREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
December 21, 1993 to consider the GMQS Application submitted by
Stape Limited Liability Company (herein the applicant); and
WHEREAS, there were two GMQS Applications submitted, Cap's Auto
Supply and Stape Limited Liability Company, requesting allocations
from the 1993 commercial quota in the Office zone district; and
WHEREAS, the applicant requested an allocation of 2,423 square feet
of net leasable space to development a new office building; and
WHEREAS, the applicant also requested special review for a
reduction of on-site parking and an increase in floor area; and
WHEREAS, the applicant also proposed to provide two on-site
affordable dwelling units to mitigate employee generation impacts
of the new development; and
WHEREAS, pursuant to section 24-7-404 B., the Commission approved
four on-site parking spaces with a payment-in-lieu ($15,000 per
space) for five parking spaces that will not be provided on-site;
and
WHEREAS, pursuant to Section 24-7-404 A., the Commission approved
the floor area bonus for an increase from .75:1 to .86:1; and
WHEREAS, the Commission accepted the Planning Office recommended
score of 27.91 points and found that the project exceeded the
minimum score thresholds of Section 24-8-106 F.; and
WHEREAS, the Commission recommends to city Council a GMQS Exemption
approval for the development of two fully deed restricted dwelling
units, one one-bedroom category 2 unit and one three-bedroom
category 3 unit.
NOW, THEREFORE BE IT FINALLY RESOLVED by the Commission that it
approves special review for parking and a floor area bonus as
represented by the applicant with the following conditions:
1. Prior to the issuance of any building permits the applicant
shall make a one-time payment to the Building Department for
"
transfer to the City Finance Department for 5 parking spaces
($75,000) .
2. Two of the on-site parking spaces shall be signed and reserved
for the on-site dwelling units.
3. All material representation made by the applicant in the
application and at the public hearing with the Planning and Zoning
commission shall be adhered to and considered conditions of
approval, unless amended by other conditions.
Prior to issuance of any ~uildin9 permits:
4. The applicant shall receive final approval from the HPC.
5. A tree removal permit shall be reviewed before any trees over
6" in caliper are removed or relocated.
6. Trees that are to be preserved on-site shall be protected by
fencing at the drip lines and debris and excavation material shall
not be stockpiled against the trees.
7. A storm run-off mitigation plan, consistent with the submitted
application, shall be submitted for review to the Engineering
Department.
8. A curb, gutter and sidewalk plan shall be submitted to the
Engineering Department for review and shall include an accessible
ramp on the corner, a five foot wide "sidewalk" area on sixth
Street, and a street light on the corner of the alley.
9. Ice and snow shed protection shall be indicated on the final
plans.
10. The applicant shall review detailed plans with the Sanitation
District and shall contribute $5000, payable to the ACSD, for
collection system improvements.
11. A housing mitigation plan for 4.75 employees must be approved
by the City Council and appropriate deed restrictions filed.
12. The applicant shall submit an application for electric service
providing load information for review by the Electric Department.
NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission that it
recommends to Council a GMQS Exemption for the development of two
on-site affordable dwelling units with the following conditions:
1. The three-bedroom dwelling unit shall be deed restricted to
category 3 and be increased to 1,200 square feet of net liveable
space to meet the Housing Office minimum size guidelines.
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2. The one-bedroom, 615 square foot net liveable dwelling unit,
shall be deed restricted to category 2 Housing guidelines.
3. Prior to the issuance of any building permits, the applicant
shall record the deed restrictions, with a copy to the Housing
Office, restricting the two dwelling units to the Housing Office
guidelines.
APPROVED by the Commission at their regular meeting on December 21,
1993.
ity Clerk
ASPEN PLANNING AND
ZMG~O~
Bruce Kerr, Chairperson
ATTEST:
DATE SIGNED:
/11/qf
DATE SIGNED:
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CITY OF ASPEN
130 south IlluI IIrut
upn, tolora" 11611
303"15 '1010
r.bruary II, 1983
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.IC Jnveatlll!nt.
e/o Ran. I. Cantrup
'.0. 10. 388
A.pen, Colorado 81612
R., '25 E. Durant/70D S. Galena Joint proj.ct
De.r Mr. Cantrupl
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The above-rl!ferencl!d project fa .ubject to the ,.n"ral provl.tona\,
of the A.pen Municipal Code, the condition. on the proj.ct arlal",~
froll the City'. land-use approval and bulldlng perlllt procell anclI.:..~
a number of document. memorlalizing tho.. proce..... !hole docu~~
aent. include a Growth Management 'lan IGH') Allotaant IatanelOft_ ~
AgreeJllent found at Book 425 '-ga 231 of the ncord. ,)f 'Itkln ,.',
County, r~lorado, a Subdlvi.lon Agreeaent "25 I. Durant) founa at
look 425 Page 234 of the record. of Pitkin County, Colorado, a !1:,' "
Subdlvlai::>n Aqreement (700 S. IOalena) found at Book U5 'age 721 " .
of the records of Pitkin County, Colorado, and a .ubdlvl.lon 'lac\~tf.!
found In Plat Book 13 Page 33 of tha ncord. of .1tUn Count,.:it~;~
Colorado. '.' '~'.
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Tbe legal description of the land Involved In tha '25 I.
portion of the 'olnt project I.,
Lot. r, G, Rand J,
Block 119,
City of A.p.n,
County of Pitkin, Stat. of Colorado.
The legal description of the land Involved In the 700 ..
portion of the joint project I.,
Lot 16 and Pare.l I,
Ilock 2,
Anthony Acre. Subdlvl.ion,
City of A.pen,
County of Pitkin, Stat. of Colorado.
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EXHIBIT. B
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4'fO .~~176
Letter to HBC Investmenta
'ebrusry 18, 1983
'age Two
Thla letter conatltutea notice aa followa.
I. City of Aapen Bulld;ng Parmlt NQ. 5031 ha. ..plred b.r the. -;
pa8aa~e o! time and the failure of the permit ~lder to oo.plr CO~
with, Int..r alia, Section 7-141, AI"en Municipal Code, .. .ended"
and nlevant"8"iCt '"na of the Uniform BUlldln, Code, .. edopt.. Jtr'"
the Aapen Municipal Code, , ':'~>'~
2. 'nIe GIIP AUot,,"t for loth portion. of the joint 1'1'0'"" ....,...
e.plnd by the p".lage of tllle and the fallun ot the aUoUle"t-~
holder to comply 'hth, Inter aUa, the GM' Allotment htenelo" .,'.
Agreement ebove-reterreiltO/ - ','; ,:1.:,
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3. 'nIe.Subdlvldu In the Subdlv1alon Agnement for the '00 I,' '
Galena portion of the joint project la In material br.ach of tha
Agreement by the p....ge of time and Subdivlder'a faUun to __,
ply with, Inter alia, the provl.lona of 'aragraph t of the 'ubdl-
vlllon Agreeiint-rDUnd at Book t2S 'ag. 721 of tha racord. of .It
kin County, Colorado. ~.
Purluant to your Obllgatlonl purluant to the abova-refer.need GMt~
Allotment ~.t~nsion Aqreement, the relevant provl.lona of tb. o~,
ebove-referenced Subdlvllion Agreementl and the relev."t prowl- ~
.Ions of th.. Aspen Municipal Code and Unifon Bulldln9 Code, rOIl. '::
are further adv Ised to return both of the joint pro'ect buUdS", :if
Iltea to grade and return them to . laf. and lawful condition., ".
This Notice will he filed for record In th.' offle. of the 'StU"':;~
County Clerk and Recorder.
Ve~rU1Y ;?C~ ~0
. ChI "",an
nager
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Paul J. dd~ne, City Attorney
Sunny Vann, Planning Office
Patay Newbury, Building Depart.ent
Dan McArthur, EnglneerlnQ Depart.ent
Spencer r. Schiffer. Elq., Attorney for HBe Inveltment.
....ben of CIt" Council
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COMMITMENT:
} rl,l'"1"""",,'l<t'Pt.'It'd
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kwyers Tille Insurance G>rporation
National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
~ l'"hd'ly
6 (t'a,'1l'
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8 [nn(),~,.tn..n' Cha,ge
9 T",,,Il'l"wf!nue
..~ ;:.>',.,:. _ ,,<5('
11 Coufllv Co<1r
1]PtO~"1IVpe
1.< :i",,'q' l,r i"'~'''P5\
14 Co',.,rn's~,o" RprPf'>!Jtln
EEl'
11 13
Effective Date: April 14, 1987 at 8:00 A,M.
Case No
PCT-446-87
2 Polley or policies to be issued'
la)
ldllI ALTA Owner's Policy-Form B-19701Rev, 10-17.70 & Rev, 10-17-B4)
o ALTA Residentiel Title Insurance Policy-1979
Proposed insured: TO BE DETERMINED
Amount $
TO BE DETERMINED
(b)ALTA Loan Policy, 1970 (Rev, 10-17-70& Rev,10.17.84)
Proposed insured:
Amount $
(c)
Proposed insured
Amount $
3, Title to the fee simple estate or interest in the land
described or referred to in this Commitment is at the effective date hereof vested in:
SPENCER SCHIFFER, in trust for the Unsecured
Creditors of said Cantrup Estate
4. The land referred to in this Commitment is described as follows:
LOTS F, G, H, and I,
BLOCK 119,
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN,
STATE OF COLORADO,
EXHIBiT A
Commitment No, BE-225380
Schedule A-Page 1
ThiS commitment is invalid unless
the Insuring Provisions and Sched.
ules A and B are attached.
l!!..wyers lltle Insurance (9rporation
National Headquarters
Richmond, Virginia
SCHEDULE B-Section 1
Requirements
The followmg are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be Insured.
Item (bl Proper instrument(sl creating the estate or interest to be insured must be executed and duly filed for record.
to-Wit:
I. Deed from Spencer Schiffer, in trust for the Unsecured Creditors of said
Cantrup Estate vesting fee simple title in parties to be determined.
NOTE: The company hereby reserves the right to add additional requirements
and/or exceptions as deemed necessacy upon naming of the proposes insured.
2. Evidence satisfactory that the Real Estate Transfer Tax as, established by
Ordinance No. 20 (series of 1979) has been paid or exempted.
3. Evidence satisfactory that the Right of First Refusal recorded April 3, 1985
in Book 483 at Page 955 has been complied with.
This commitment is invalid unless
the Insuri n9 Provisions and Sched.
ules A and B are attached.
Form No_ 91-B8 (B-1)
Schedule B.Seclion l.Page '.Commilmenl No, BE-225380
....
kW).~rs l1tJe Insurance (91 pvration
NATIONAL HEADOUARTERS
RICHMOND. VIRGINIA
SCHEDULE B-Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims af easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im-
posed by low ond not shown by the public records,
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or ottaching subsequent to the effective date hereof but prior to the dote the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien
imposed for water of sewer service, or for any other special taxing
district.
7. Reservations and exceptions as contained in the Deed from the City of
Aspen providing as follows: that no title shall be hereby acquired to
any mine of gold, silver, cinnabar or copper or to any valid mining
claim or possession held under existing laws and subject to all the
conditions, limitations and restrictions contained in Section 2386
of the Revised Statutes of the United States.
8. Those matters as disclosed on the Plat of 925 E. Durant, recorded
April 16 ,1982 in Plat Book 13 at Page 29.
Exceptions numbered
NONE
are hereby omitted.
The Owner's Policy to be issued, if ony, sholl conlain the follo\'lling items in addition to the ones set forth above:
(1) The Deed of Trust, jf any. required under Schedule B-Section 1, Item (bL
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title to water.
(3) Any and all unpaid taxes. assessments and unredeemed tax soles.
Schedule B-Section 2-Poge l-NoBE-225380
Form 91 .88 82 Rocky Mt
035.1 -088.0504
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ku"/_rs l1t1e Insurance C9ryvtaHon
National Headquarters
Richmond. Virginia
COMMITMENT FOR TiTlE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof,
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the pOlicy or
poliCies commiued for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such poliCY or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by 8n authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date, H
.
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CONDITIONS AND STIPULATIONS
,
1. The term "mortgage," when used herein,~ shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon tothe extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule 8 of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insur-ed in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undenaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate
exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
L!lvYers lltle I~ (9rporatlon
07hc. rV~
Attest:
President
AaL/ ~ ~
Secretary.
'8\ "'2 (~ -;-: '
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JUL 7 ~n
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KRABACHER. SCHIFFER, HILL & EDW ARDS P,C.
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN, COLORADO 81611
TELEPHONE
(303) 925-6300
TElECOPIER
(303) 925-1181
B. JOSEPH KRABACHER
SPENCER F_ SCHIFFER
THOMAS C. HILL
BARRY D. EDWARDS
Of COUNSEL
JON DAVID SEIGLE
July 7, 1987
HAND DELIVERED
Mr. Alan Richman
Planning Director
City of Aspen
130 South Galena street
Aspen, Colorado 81611
RE: 925 East Durant
Dear Alan:
Enclosed herewith is an Application to Vacate the Plat
for the property referenced above together with a check in
the amount of $360.00 representing the requisite fee pursuant
to our telephone conversation of yesterday.
The property is under contract for sale which calls for
a closing on July 31, 1987 provided that we first have City
Council approval vacating the Plat. I would very much
appreciate it if you could schedule this on the next avail-
able City Council agenda and please let me know of the date
and time.
As I mentioned, Paul Taddune feels 920-21 is applicable
here. However, I am not sure how to proceed under that
section and have therefore not made reference to it in the
application. He did agree that it should be a one-step city
Council procedure.
Thank you very much.
Very truly yours,
By:
HILL
SFSjljk
Enclosure
cc: Paul Taddune, Esq.
SFS1A/54
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, 00 81611
(303) 925-2020
Date: JlA..la \:,\ \q~7
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A':>fen, Cdorw(/u r;/f,11
RE: Cfd-.S E, D<.-<rccrrr
Dear S f<2 nce..
This is to inform you that the Planning Offi~ce- has completed its
preliminary ceview of the captioned application. We have detecmined
that your application IS NOT complete.
Additional items cequired include:
7'
Disclosure of Ownership (one copy only needed)
Adjacent pcoperty Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific matecials
A check in the amount of $
A. Your application is complete and we have scheduled it foe
review by the on We will
call you if we need any addi tional info rma tion prior to that
date. Several days prioc to your hearing, we will call and
make available a copy of the memocandum. Please note that it
IS NOT your responsibility to post youc property with a
sign, which we can pcovide you for a $3.00 fee.
/'
B. Your application is incomplete, we have not scheduled it
review at this time. When we ceceive the matecials we have
requested, we will place you on the next available agenda.
Gte. nl\ KO,1l
If you have any questions, please call
the planner assigned to your case.
Sincerely,
ASPEN/PITKIN PLANNING OFFICE
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Aspen/Pit
130 s
July 14, 1987
JUL 1 5 i987
ing Office
treet
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Spence
201 N.
Aspen,
Schiffer
Mill street
CO 81611
RE: 925 E. Durant Subdivision Exception
Dear Spence: ,
This letter is in regard to your application that was submitted
to the Planning Office. To render this application complete, we
need three (3) additional copies of the application for referral
pux:poses.
Upon receiving the copies, we will place the item on the agenda.
If you have any questions, please do not hesitate to call.
Sincerely,
Nancy Caeti
Administrative Assistant
NEe:slf \ "in
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APPLICANT:
OWNER:
PROPERTY
DESCRIPI'ION:
PURPOSE OF
APPLICATION:
REASON:
BACKGROUND:
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APPLICATION TO VACATE SUBDIVISION PIAT
DATED JULY 7. 1987
Spencer
Unsecured
Estate
F. Schiffer as
Creditors of
Trustee for the
Cantrup Bankruptcy
Same (See Title Commitment attached hereto as
Exhibit "A")
Lots F, G, H and I, Block 119, city and
Townsite of Aspen, also known as Lot 1, 925
East Durant Subdivision (street Address: 925
East Durant Avenue, Aspen, Colorado. Vacant
lot of approximately 12,000 square feet.
To Vacate the Subdivision Plat Recorded on
April 16, 1982 in Plat Book 13 at Page 29,
Reception No. 240685
The Plat was prepared, approved, and recorded
for "a proposed 12 unit condominium situated
on Lots F, G, H and I in Block 119, City and
Townsite of Aspen, Colorado ..." by Hans B.
Cantrup, then owner. (See Plat) It was
apparently prepared and recorded in order to
meet certain deadlines imposed by the
Municipal Code; however, since it was prepared
and filed in connection with the condominium-
ization of a project which was abandoned and
for which all of the approvals were ternli-
nated, it is a nullity and should be vacated.
As part of the confirmed Plan of Reorganiza-
tion for the cantrup Bankruptcy Estate title
to the subject property was conveyed to
Spencer F. Schiffer to be held in trust for
the benefit of the unsecured creditors.
Schiffer was authorized to sell the property
and has, in fact, executed a contract on
behalf of the unsecured creditors which
requires as a condition to purchaser's
obligation to perform, the vacation of the
Plat. The Plat appears as an exception to
title in Schedule B of the title commitment
attached hereto as Exhibit "A".
The Plat had been approved for the condo-
miniumization of 12 low income studio units
,1"<:
"
which were the employee housing portion of a
companion Cantrup free market project known as
500 South Galena. The construction of the 12
unit project was to be followed by an addi-
tional 12 units following the approval of a
Residential Bonus OVerlay.
Although the Plat was approved and recorded in
April, 1972, the project was abandoned and the
approvals were formally terminated by letter
from the city Manager dated February 18, 1983,
a copy of which is attached hereto as Exhibit
"B".
The Applicant respectfully requests that the City
Council adopt a resolution confirming termination of the
approvals and directing that the City Attorney prepare and
record a Notice of Vacation of the Plat.
Respectfully submitted,
Dated: July 7, 1987
Spencer F. Schiffer as Trustee
for the Unsecured Creditors of
the Cantrup Bankruptcy Estate
SFSIA/53
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MEMORANDUM
TO:
City Attorney
city Engineer
FROM:
Glenn Horn, Planning Office
RE:
925 E. Durant Subdivision Exception
DATE:
July 20, 1987
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----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Spence Schiffer on behalf of his client Hans Cantrup request-
ing Subdivision Exception to vacate the subdivision plat for a
proposed 12 unit condominium situated on Lots F,G,H and I, Block
119, city and Townsite of Aspen.
Please review this material
Planning Office no later than
office to have adequate time
before CC.
and send your comments to the
July 28, 1987 in order for this
to prepare for its presentation
Thank you.
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kwyers lille Insurance (9rporation
Nltionll Headqulrterl
"Ichmond. Vlrginil
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1 E",cllve D.t.: April 14, 1987 at 8:00 A.M.
Ces. No
PCT-446-87
2 Polocy or poloC'" 10 b. issu.d
181
)d\ll ALTA Owner's Policy-Form B-1970(Rey, 10-17-70 & Rev, 10-17.841
o ALTA Residential Tille Insurence Policy-1979
Proposed insured: TO BE DETERMINED
Amount' TO BE DETERMINED
lblALTA Loan Policy,1970lRey,10-17-70&IIev,10-17.841
Proposed insured:
Amount'
Icl
Propos.d insured
Amount'
3, T'lIeto the fee simple est.te or interest in the lend
described or referred to in this Commitmenl is althe effective date her.ofveSled in:
SPENCER SCHIFFER, in trust for the Unsecured
Creditors of said Cantrup Estate
· The land referred to in this Commitment is described IS follows:
LOTS F. G. H. and I,
BLOCK 119,
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN,
STATE OF COLORADO.
EXHIBIT A
Commitment No BE-225380
Schedule A-Page 1
Countersigned I
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A Ind e .re attached
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kwyers lltle Insurance (9rporation
Nltionll HOIclqUlrtlr.
Richmond. Vlfgini8
SCHEDULE B-Section 1
Requirements
The !ollowlng are the reQUtremenls to be complied with,
Item la' PlymenllO Dr lor Ihe Iccounl 01 Ihe grlnlors or mOrlgagors 01 the lull consideration lor the eSllle or inlerest
'0 be Insured.
lIem Cb) P,oper instrumenlls) creallng Ihe esllle or inlerest 10 be Insured muSl be e.ecuted Ind duly med lor record,
lo.wi1
I. Deed from Spencer Schiffer, in trust for the Unsecured Creditors of said
Cantrup Estate vesting fee simple title in parties to be determined.
NOTE: The company hereby reserves the right to add additional requirements
and/or exceptions as deemed necessary upon naming of the proposes insured.
2. Evidence satisfactory that the Real Estate Transfer Tax as, established by
Ordinance No. 20 (series of 1979) has been paid or exempted.
3. Evidence satisfactory that the Right of First Refusal recorded April 3, 1985
in Book 483 at Page 955 bas been complied with.
,. .
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thiS commitment is invahd unless
the Insunng PrOVISions and Sched-
ules A and 8 are Buached
Forrr, No 91-BBCB.1}
Schedule 8,SecIoon 1 -Page 1 -Commitment No, B[-225380
Ie: _ ~rs lltle Insurance C~ ,Nration
NATIONAL HEADOUARTERS
RICHMOND, VIRGINIA
SCHEDULE I-Seelion 2
E.ceptionl
The policy or pOlici.s to be Issu.d will contain exceptions to th. following unl... the 10m. ore diapoa.d of to
the .otiafoelion 01 th. Company:
1, Rights Or claims of portiea in po.....ion no! shown by the public r.cords,
2, (a..m.nt., Or claima gf .aaement., nal ""own by the public reco,ds,
3. DiKr.ponci.s, conflicts In boundary lin.a, shortog. In or.a, encraachm.nts. ond ony facts which
o COII.el surv.y ond inspection of the premi.es would diaclo.. ond which or. not .hawn by the
public records,
.. Any lien, or right to a lien, for ..ervice., labor ar ma'eriol heretofore or hereofter furnilhed, im.
pa..d by law ond no! .hawn by the public records,
5. Defects. liens, encumbrances, adverse claims Or other mattera, If any, creoted, first appearing in
th. public reco,d. or olloching .ubsequent to the .flectiv. do!. hereof but prior to th. dot. th.
propoMd insured acquires of record for valLIe the estate or interest or mortgage thereon covered
by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien
imposed for water of sewer service, or for any other special taxing
district.
7. Reservations and exceptions as contained in the Deed from the Cit1 of
Aspen providing as follows: that no title shall be hereby acquired to
any mine of gold, silver, cinnabar or copper or to any valid mining
claim or possession held under existing laws and subject to all the
conditions, limitations and restrictions contained in Section 2386
of the Revised Statutes of the United States.
8. Those matters as disclosed on the Plat of 925 E. Durant, recorded
April 16 ,1982 in Plat Book 13 at Page 29.
EKceptions numbered
NONE
ore hereby omitled.
The Owner', Policy '0 be issued. if any. sholl (on1ain the- follo"""ing item~ in additiOn to the Ones "el forth above.
(1) ThE- DeE'd of lrvs1. if any. reqvired under S<hedule 8-Se-ction 1.. Item (bl.
(2) Unpatented mining claims; reservations or exception!:. in palents or in Acts authorizing iuuancE'
thereof; """oler rights. claims or title to """oler.
(3) Any and 011 unpoid to.e5o, ouessmenh and unredeemed tax ,oles.
Sch.dule I-S.elio" 2-Poge l-NoBE-225380
for", 91-88 82 Rode..MI
03~,' -088.0500
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k~rs 1111e Insurance wr. ,.-ation
Nallonal HeadQuar.e..
R,chmond, Yorlllnia
COMMITMENT FOR TiTlE INSURANCE
LAWYERS TiTlE INSURANCE CORPORATION, e Yirllinia corporelion, herein called the Company. for valuable
consideralion, hereby commilsto issue lis policy or policies 01 title insurence, as identilied in Schedule A. in lavor ollhe
proposed Insured named in Schedule A. IS owner or mOrlllallee 01 the esllle or intoreSI covered hereby in the Ilnd
described or relerred to in Schedule A. upon pIlymenl 01 the premiums Ind cherlleslherelor; III subjecl 10 the prOVISions
01 Schedules A end BInd to Ihe Condilions Ind Stipulalions hereol,
This Commilmenl shall be effective only when Ihe identily 01 the proposed Insured Ind Ihe amounl ollhe polley or
policies commilled for have been inserted in Schedule A hereol by the Compllny. lilher lIthe lime ollhe issuance ollhis
Commilment or by subseQuenl endorsement,
This Commitment is preliminary 10 the issuance of such policy or policies of title insuTence and allliabilily and
obi illations hereunder shall cease and lerminale si. 161 monlhs al1er the effeclive dale hereol or when the policy or
policies committed 'or shan issue. whichever first occurs. provided that the failure 10 issue such policy or poltcies is not the
faull 01 the Company, This Commilmenl shall nol be vahd or bindinll unlil counlersillned by an authorized olltcer or alienI.
IN WITNESS WHEREOF. the Company has caused this Commilmenlto be sillned end sealed. 10 become valid when
cc>unleraillned by In euthorized officer or alieni oIlhe Company, III in Iccordance with lis By-laws, This Commitment is
effeClive IS ollhe dale shown in Schedule A as "Effect,ve Dale,"
.
I
CONDITIONS AND STIPULATIONS
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1. The term "mortgage," when used herei~.. shall include deed of ,rust. trUSI deed. or other security instrument.
2. "the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereol. and shall laillo disclose such knowledge 10 Ihe Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon tathe extent the Company is prejudiced
by failure 10 so disclose such knowledlle,lllhe proposed Insured shall disclose such knowledlle 10 Ihe Company, or il
the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance. adverse claim or other
maller,lhe Company at ilS option mayamend Schedule B of Ihis Commitmentlccordinll'Y. bul such Imendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Slipulalions,
3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed 'or and only for actual loss
incurred in reliance hereon in undertaking in good faith (e) to comply with the requirements hereof, or (b)to eliminate
exceptions shown in Schedule B. or (c) to aCQuire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage o' the 'orm of policy or policies committed for in 'avor of the proposed Insured which ere
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mOr1gage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
~s lltle I~ {Prporatlon
07ukc, ~~
President
Allesl
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Secretary