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Home My WebLink Aboutlanduse case.su.Arrowhead Condos ~' ~ 5210 'b 2" 1979 I.oretta Banner Rec~er Recorded at 2: r:e 0,. . ,:~. .... . I. ""^""'",; . ~.. ..~ ;~, Reception NO. 2.12275 DECLARATION OF COVENANTS ....~ L~A. .. "' Arrowhead Condominiums, Inc., a Colorado corporation, (covenantor), for itself, its successors and assigns,hereby covenants with the City of Aspen, Pitkin County, Colorado, that: 1. Arrowhead Condominiums, Inc. is the owner of the following described property, together with the improvements thereon: Residential: units A, B, C and D, Arrowhead Condominiums, situate on LotsK, Land M, Block 113, City of Aspen, County of Pitkin, Colorado. 2. The above described property shall be restricted to six (6) months minimum leases with no more than two (2) shorter tenancies in any calendar year; and the monthly rental for Unit C only shall not be more than $581.40, unless the duly constituted , Housing Authority of the City of Aspen shall consent to an in- creased rental to reflect increased expenses of the owner in operating the premises, adjustments in cost of living indices and other similar factors. 3. At the time Unit C is offered for sOlIe, in whole or in part, the tenant or tenants, if any, shall be given notice pf such offer together with the offered price. Each tenant shall: have a ninety-day non-assignable option to purchase the said Unit C at the price stated in the offer of sale. 4. At the time a bona fide offer to purchase is made and accepted, the tenant or tenants, if any, shall have a ninety-~ay exclusive non-assignable right of first refusal to purchase Uhit C. In the event that such offer is made while the ninety-day option is still in effect, the tenant may purchase the unit fqr the amount of the bona fide offer or offered price, whichever 'is less. ,.."...---~'- 'ILl...","'.. .J-., ,-, ~~364 ~ 90 5. In the event that any improvement or improvements required by Section 20-16 of the Code of the City of Aspen become, in the sole judgment or discretion of the City Counci of the City of Aspen, necessary or desirable, no objection witl be made to any special assessment or special tax or proceeding' therefor, on the basis that the property is adequately served by existing improvements, nor on the basis that the premises will not be served or benefitted by the improvement or improve!- ments proposed. 6. The covenants contained herein are to run with the land and shall be binding on all parties and all persons claiming under them for a period of five (5) years. IN WITNESS WHEREOF, this Declaration has been duly executed this ~d~(day of r~ tfrf!(/fllZl I , 1979. g ~~~~ / Secretary By STATE OF CALIFORNIA County of r )11.) [2:;0' Th. e foregoing instrument wasacknowlecJ$ed before me this ';;'2,.,,0 day of l'ic.6A:tLlJ:<vf'/ ,1979, by .Doli /lU4/c.'J17/Je , as President of Arr&whead Condominiums, Inc U and by ..5'l:IaAo"c./ , ~O~ , as Secretary of Arrowhead Condominiums, Inc. Witness my hand and official seal. My commission expires: tiJ,. 2S, I'''' Ilnmnlmll1nl1ll11l11llllllUllIlll1tlllUlllllllIUlll1llUltllmmllllllttUmnlll1l1UlI1llmnllm~ +iJ~ OFFICIAL SEAL ii g. . . . CHRISTA BROWN ~ (SE :.. '...."'.' .'~ NOT::i~~I~~~I~Fr;:,~~7~NIA. ,I " .'~'-:' :;,~ ',.~, SAN DIEGO COUNTY . 1:i,~;i:;M:v.cotl1mission Ex~ir~s Feb. 25, 1979 = fo/llmri,~!!IJ1!il\;;i!l1IUIlIIlII1l111Iil'IIIII'IIlIIIIIIUI!!Ill111IIIIUJlllmllllltlllllll1ll1Ulllllnlllll. ,,. '. ';''-';;'';) fLi ;j/)1;?lM Notary Public ACCEPTED AND APPROVED: ~t{-eL By , '" ',-:':; ','-'; , ~ .;"'",' l\\\~I~Hlllllfllllll ' ',". \\\\~-J, QF ..ft; 'Ii'"...". ~ ,\. .....~~. 1)4"0 ".... .f ti~""ATTESi~~ g /' .: ~ ~ " . - " : '"'" ~,. " " ; .~Q~~"~ ~ --_..,-',.. tv <-- -2- ~ ,~ M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Karen Smith, Planning Office RE: Arrowhead Preliminary Plat DATE: October 13, 1978 On Tuesday, October 17, the Aspen Planning and ~oning Commission will hold a public hearing to consider the preliminary plat submission of the Arrow- head Condominiums. As you will recall, this application involves a four unit apartment building to be located on Original Street and bordering on the Glory Hole Park to the north. The new structure will actually be a replacement for two structures which now sit on the property that are vacant because tenants were given notice that their leases terminated when the property was sold from Mr. Guernsey to Paul Deutz. Concerns expressed at the Conceptual Subdivision Review included the Engineer's concern regarding parking off the alley, and includedlthe potential loss of employee housing as reviewed under Ordinance #53, the condominiumization ordinance. On July 24th, the City Council reconsidered an earlier motion on the Con- ceptual Approval and granted Conceptual Review. The key issue was that of displacement of tenants and the resolution was that one of the units in the new structure would be devoted to employee housing under the City's 1978 Housing Price Guidelines and involving some continuing control. It was felt that this would in part mitigate the tenant displacement that had previously occured when the property was sold. Other conditions that Council, attached to its approval were: 1. That all units be subject to a six month minimum lease. 2. That the City Engineer's concerns regarding the location and placement of parking off the alley be resolved through the Preliminary Plat Review. The Preliminary Plat which was submitted about a month ago, indicates that the four new units will involve one 3 bedroom unit at 2,807 square feet, two 2 bedroom units at 1,838 square feet each and a third 2 bedroom unit at 1,615 square feet. Such a unit configuration requires 9,000 square feet of lot area for a 3 bedroom and 2,000 square feet for each 2 bedroom. We note that the proposal does conform to the area and bulk requirements for the RMF zone district regarding minimal lot area per d~elling unit on parcels of 9,000 square feet and less. The project does appear to comply with the set-back requirements for the RMF district and do~s comply with the parking requirement of one space per bedroom. We have received the following comments from various referral agencies: 1. Heiko Kuhn, of the Aspen Metro Sanitation District, indicated that Metro can provide sanitation service to the Arrowhead project. The service line depth out of the building should be checked out care- fully as our trunk line depth is about four feet in this area. 2. Bob Jacobs, Fire Marshall, indicated that his visual inspection of the property turned up no unusual fire protection problems. The nearest fire hydrant is supplied by a six inch water main, and is located at the northwest corner of Original and Durant Streets, approximately 185 feet from the northwest corner of the project. Maximum clearance on the north side parking area must be maintained as only fire access to east of building is through the alley. 3. Willard Clapper of Rocky Mountain Natural Gas, saw no problem in serving the project with the gas utility. ,- /"""" Memo to City P&Z Arrowhead October 13, 1978 Page Two 4. Dave Ellis, City Engineer, is still reviewing the project. His preliminary feedback was that he saw no severe problems which would hold up the project. We expect his final comment prior to Tuesday's meeting. The final concern is the nature of the Housing Price Guidelines for the employee unit and the nature of continuing controls over rental price or resale of tha:t unit. Albie Kern as attoreny for the Deutzs has sent us a letter on Septem- , ber 26, 1978 proposing that one condominium unit will be reserved for use and occupancy in the low income category to be rented or leased based on the' 1978 City of Aspen Growth Management Plan Housing Price Guidelines. This is in accordance with the Council's condition that the employee unit meet ,the low income housing price guidelines. That guideline for 1978 was $300 per month or under for a two bedroom 800 square foot unit which rental may be adjusted proportionately greater than 800 square feet. Albie Kern offered that the rent increases be tied to a rise in the cost of living as set forth in the consumer price index. He and the City Attorney have had discussions about this and two a1tennatives were discussed. One was to proceed as Albie suggested and the second was to commit to the $300 for five years. Since Council did not specify a time period for control of that unit and since the r inclination appears to be a time period which reasonably keeps the unit with in the low income category over time, we agree with Ron that the applicant should commit either to a longer time period subject to the inflation mech- anism suggested by Ron (i.e. the average of the national housing price index and the Denver price index) or that the rental rate of $300 based on a 800 square foot two bedroom unit be maintained without increase for the minimum five years. We will ask for clarification from the City Attorney prior to Tuesday's meeting. Approval should be conditioned on: 1. Any reconfi gurati on of the unit types (i. e. numbers of bedrooms in each) to conform with the area and bulk requirments for the RMF district. 2. Satisfaction of any comments which we may receive from the City Engineer prior to Tuesday. 3. Attention to the service line depth out of the building as suggested by the Aspen Metro Sanitation District. 4. Maintenance ofc1earance on the north side of the parking area in order to preserve the only fire access which is to the east of the building through the alley. 5. Resolution of the continuing price control for the employee unit satisfactory to the City Attorney. We note also that the new Housing Price Guidelines proposed by the City Attorney's office carry with them a maximum square footage for employee units. If one of the two bedroom units is devoted to employee housing it should be limited to a maximum of 1,000 squal"efeet in accordance with the prke guidelines which were adopted by City Council on October 9th. Given Council's earlier approval, the only reservations that the Planning Office now has is tht the price controls of the low income unit be resolved in the manner that best preserves the employee housing goal. That may mean that the des i gn shou1 d be redrawn to 1 imi t the si ze and therefore lower, the rental of that unit. sr ~ ,-, @ Grand Junction, Colorado October 13, 1978 Mountain Bell Karen Smith Aspen Planning and Zoning 130 South Galena Aspen, Colorado 81611 Commission Re: Arrowhead Preliminary Plat Dear Ms. Smith: We have reviewed the preliminary plat of Arrowhead Apartments and found we will re- quire no additional easements. May we'sl.!,ggest the following phraseology be used in the dedication of easements within said subdivision. "And hereby dedicate to the public all the streets, avenues and roads as shown on, the accompanying plat, forever, and dedicate to the UTILITIES those portions of r~al property which are labeled as utility easements on the accompanying plat, as easeL ments for the installation and maintenance of utilities and drainage facilities, , including, but not limited to, electric lines, gas lines, telephone lines; togeth~r with the right to trim interfering trees and brush; together with the perpetual right of ingress and egress for installation, maintenance and replacement of such lines,; said easements and rights shall be utilized in a reasonable and prudent manner." ' We believe all preliminary, as well as final plats, should show the dedication or, reference to the particular "Protective Covenants" which will run with the property. Also, all "Private Roads" should be dedicated to the utilities for the installatibn, I maintenance and operation of gas, lights, power and telephone lines. No easements should be dedicated to the property owner, cities or counties exclusively; all ease- ments should be dedicated to the utility companies. The above request is in accordance with C.R.S. 106-2-34 (3) (d) (viii) and the Colorado Land Use Commission's paragraph 5-2, Item #G-7. ,Me appreciate the opportunity of being able to review this plat. Very truly yours, Yt'otL JJOtftIkJ ,~.C. Kilmer, SR/WA -/ Right-of-Way Agent P.O. Box 2688 Grand Junction, Colorado 81501 JCK:jh cc: Arrowhead Condominium Incorporated Alpine Surveys Pitkin County Commissioner Bill McDaniel, Mountain Bell Nick Marquez, Mountain Bell 1"""\ .~ M E M 0 RAN DUM TO: KAREN SMITH PLANNING FROM: DAVE ELLIS ~,.. CITY ENGINEER ~Z-- DATE: October 12, 1978 RE: Arrowhead Apartment Condominiums - Preliminary Plat Review After reviewing the preliminary plat and making a site inspection, the engineering department's comments are limited primarily to surveying and utility matters, and we would recommend preliminary plat approval subject to the following conditions: . 1) That boundary ties to government land survey monuments be shown. 2) That all utilities within the alley and Original Street be shown. 3) That new curb, gutter, and sidewalk be shown for Original Street. 4) That an easement for electrical and communication utilities be provided with access from the alley. 5) That drywells or other drainage improvements be indicated on the plat, together with proposed contours and grading plan. jk r'\ ,~ Ar~ t'ir/. M E M 0 RAN DUM TO: KAREN SMITH PLANNING FROM: BOB JACOBS IP.I'J FIRE MARSHAL ' DATE: Octoher 6. 1978 RE: Arrowhead Preliminary Plat Upon visual inspection of the proposed Arrowhead Apart- ments I find no unusual fire protection problems. The nearest fire hydrant is supplied by a six inch City water main and is located at the northwest corner of Original and Durant Streets, approximately one hundred eighty five feet from the northwest corner of the project. Maximum clearance on north side parking area must be maintained as only fire access to east side of building is through alley. jk ,"-" ';......\ -1G" \1.... c-fl CITY 130 s treet 1611 PUBLIC NOTICE RE: Arrowhead Condominiums - Preliminary Plat Notice is hereby given that a public hearing will be held before the Aspen Planning and Zoning Commission at a meeting beginning at 5:00 p.m. on October 17, 1978, in the City Council Chambers to consider the preliminary plat for the condominiumization and subdivision of the Arrowhead condominiums, The application . involves four units on Original Avenue off Glory Hole Park. A copy of the application and relevant information may be examin~d in the planning office, City Hall, 130 S, Galena, Aspen, CO. Is! Charlei> T. Collins, Chairmqn Aspen Planning and Zoning Commission To be published in the Aspen Times September 28, 1978 77tFU.~ ~ 9-2~~ ~ r-.. rl 'Y\.A.,, , j,-/ ,_ .,C/\:> ADJACENT PROPERTY OWNERS FOR ARROWHEAD APARTMENTS BLOCK 113, LOTS K, L, and M Le Clairvaux Condominiums 710 East Durant Avenue Aspen, Colorado 81611 Janice Lee Spencer (now Mrs. Oliver Parlete 349 South Meadows Avenue Manhatten Beach, CA. 90266 Aspen Townhouses East Arnold L. and Mary A. Baron 2502 Duxbury Place Alexandria, VA. 22308 Robert William Walker Route 3 Norfolk, Nebraska 68701 Janet T. Bohlen Ada J. Lamont 4710 Quebec Street N.W. Washington, D.C. 20016 Robert Beals Victor Sherman 1248 Ogelthorpe Street Macon, Georgia Maureen McQuistor Box 2474 Aspen, Colorado 81611 Martha Pyeatt Menefer Route 6 Box 225 Baton Rouge, Louisiana 70815 Paul W. Husted James P. and Carol Ann McIntyre 3060 Joyce Way Golden, Colorado 80401 R.B. Edminston R.W. Shannon 3301 Schoolhouse Lane Harrisburg, Pennsylvania 17109 Charlton H. Chatfield Corrigan Lane Greenwich, Connecticut 06830 ,,,~ .1""'\ ,"-" .,./ Adj acent Property Owners for Arrowhead Apar "",ents Page 2 William C. Randall 641 Southdael Medical Building 6546 France Avenue south Minneapolis;. MN. 55435 Elizabeth A. Mc Ginley 9 Marland Road ColoradoSprings, Colorado 81611 Lee Hensley 2111 Wayside Drive Bryon, Texas 77801 Glory Hole Condominiums box 617 aspen, colorado 81611 chateau du mont condominiums box 4420 aspen, colorado 81611 glory hole park c/o city of aspen 130 south galena street aspen, colorado 81611 .... "~.,. ,...... ~, ~k, 'j ~.J! l' // j! ,oJ, \""'--V\J~J' , -1\ -If.c.- L.?-"!,' 1""../ /C ~ ! , ALBERT KERN ATTORNEY AND COUNSELOR AT LAW P. O. BOX 389 430 E. HYMAN STREET i;' \F\( ASPEN, COLORADO 8161 1 TELEPHONE (303) 925.7411 ," t Septeniber 26, 1978 (I a I ,11, ',') /' t/""ll !?- ," r,/ ,j".,....</ ~l- J'/ ' 'vui.! Ie> ( HAND DELIVERED Ms. Karen Smith City Planner City Planning Office 130 South Galena Street Aspen,Colorado 81611 RE: Arrowhead Condominiums, Inc. - Conceptual Approval "~,/:t! :1 II " , (Y ;' Ie ///,1 /, /~LI,(;I! i ...;:{ --t-t,~ -~ t :', In accordance with our discussions and the s6nceptual Jo,,(J;/1t'7J approval by the City Council of the ArrowheOld Condominiums, :( I am enclosing herewith the proposed wording to be included in the subdivision agreement regarding the "low-income" unit in the condominium project. As you may recall, the period of time and the price guidelines were referred to in the council minutes from July 24, 1978, and the transcript: of the hearing prepared by the City Clerk. ' Dear Karen: Please advise me if you wish to discuss or review the suggested wording. AK/sss Enclosure cc: Russell Pielstick, Architect Paul Deutz, Jr. Ron Stock, City Attorney (Hand Delivered) . ~"_'-..J ~. .~ RE: Arrowhead Condominiums - Proposed Wording for Low-Income Housing Unit to be included in the Subdivision Agreement "For a period of five (5) years, one (1) condominium unit shall be reserved for use and occupancy as a low-income unit to be rented or leased based on the 1978 City of Aspen Growth Management Plan housing price guidelines; i.e., Three Hundred Dollars ($300.00) per month, or under, for a two-bedroom, 800 square foot unit, which rental may be adjusted proportionately for a unit greater than 800 square feet. Rent may be increased annually based upon rise in the cost of living as set forth in the Consumer Price Index published by the U. S. Department of Labor, Bureau of Vital Statistics." ,..." ^ M E M 0 RAN 0 U M TO: Dave Ellis, City Engineering Jim Markalunas, Aspen \'Jater Jim Holland, Parks Department Bob Jacobs, Fire Marshall Stogie Maddalone, City of Aspen Electric Department Willard Clapper, Rocky Mountain Natural Gas Joyce Kilmer, Mountain Bell Heiko Kuhn, Aspen Metropolitan Sanitation District ~pen School District FROM: Karen Smith, Planning Office RE: Arrowhead Preliminary Plat DATE: September 26, 1978 This application for preliminary plat approval is for four new units (re- placing 4 exjsting) pn Original Curve adjoining Glory Hole Park. The appli- cation was submitted last week. We have scheduled this matter for a public i hearing before the Planning and Zoning Commission on October.7, 1978. May ! we have your comments the week prior? ! i A CAu p....vc,~---: S"'....'-,-"r'..:....-' se.f~'{;.e.. , -;'Pe:,.., ;.--(i'TIec.. ~, r_V .." '-' TO TH r:; )t/'2.,ft~~I-I-t-p/l-"'" C,,;"'boS ~ 7/-1;:; se It. VI c~; L-/~e! {:;>l?I'i'1-7 sr 6,-,'T (;IP THe- {3 ,-'IL.,'" ,.....&-s S j-f<.."vt.-N 0& (~HeC-(Ge.f) a""'''- c../;" It- eo p-,-,...~'-f AS D"'.... 7 ~ "'1"(<' '-,'....a: 'r':>r?PTN IS ; II I5c ",- I ! N Ft=:i' -r- Ii-' T/fI S It ,ej; .4 ~~i ' ;'1-15"1:> 1~, ".'" ~ ,~,' _, ,-'.~.'t" -, .~______~~_L',I!' ~ c ,-, I , ! ( , I. I () ~,jV- i ,~.l U" 1 ' , . '('iW Art A~ I I M E M 0 RAN DUM TO: Dave Ellis, City Engineering Jim Markalunas, Aspen Water Jim Holland, Parks Department Bob J,acobs, Fire Marshall Stogie Maddalone,City of Aspen Electric Department Willard Clapper, Rocky Mountain Natural Gas Jgyce Kilmer, Mountain Bell vAfeiko Kuhn, Aspen Metropolitan Sanitation District Aspen School District FROM: Karen Smith, Planning Office RE: Arrowhead Preliminary Plat DATE: September 26, 1978 This application for preliminary plat approval is for four new units (re- placing 4 existing) on Original Curve adjoining Glory Hole Park. The appl i- cation was submitted last week. We have scheduled this matter for a public hearing before the Planning and Zoning Commission on October ,7, 1978. May we have your comments the week prior? sr d~ ~ ~~ uJ:h~'~ r~ -8~ ~ '.....tJ4- ,!!)~ ?J1Ch1 a' ~ I cJI ~ J;d! '1147rN. r"I M,E M 0 RAN DUM ^r,~:7 , I I I , I I : i TO: Dave Ellis, City Engineering Jim Marka 1 unas, Aspen \'Jater Jim Holland, Parks Department Bob Jacobs, Fire Marshall ~gieMaddalone, City of Aspen Willard Clapper, Rocky Mounta.in Joyce Ki lmer, Mou.nta in Bell Heiko Kuhn, Aspen Metropolitan Aspen School District Electric Department Natural Gas Sanitation District FROM: Karen Smith, Planning Office RE: Arrowhead Preliminary Plat September 26, 1978 DATE: This application for preliminary plat approval is for four new units (re- placing 4 existing) on Original Curve adjoining Glory Hole Park. The appli- cation was submitted last week. We have scheduled this matter for a public hearing before the Planning and Zoning Commission on October.7, 1978. May we have your comments the week prior? i , I ! i ~ ../~-~j ~ . DZ'9o I ~"~ '/~~ /I _ I c:J! i 1 .d.& C~~,,' sr #~ / ' " '~h , .,-.... . .._,,.. ,,,.,~_. ~.."'. --. --..,-..- ^ r-, M E M 0 RAN DUM TO: Aspen City Council FROM: Karen Smith, Planning Office RE: Arrowhead Condominiumization - Conceptual Subdivision DATE: July 20, 1978 On June 26, 1978, City Council voted three to three and therefore failed to pass a motion to approve the Arrowhead condominiumization. This application involved the construction of a new 4 unit condominium on a site next to Glory Hole Park where two structures containing 4 units will be removed. The discussion in previous considerations had centered around the tenant displacement resulting from this reconstruction. We had received letters from three tenants (local employees) who noted that it was Hot their desire to be evicted from their units. This in fact has resulted since none of the leases were renewed, coinciding with the sale of the property by Mr, and Mrs. Guernsey (Mr. Guernsey is now deceased) to Mr. Paul Deutz of Mexico. The Planning Office,in our May 5 memo to Council, and after receiving the recommendation of Mark Danielsen, Housing Director, did not recommend approval! unless a condition was attached that "the preliminary plat show a configuration of units that lends itself to maintaining at least some employee housing on the site. " Although we discussed the matter wi tl\ the appl i cant's attorney and i several weeks later received the answer that Mr. Deutz would be willing to provide one studio unit as an employee rental unit, this did not come out clea:r- ly in Council's June 26 meeting. At least one Councilmanllwished to reconsideri the matter on this basis. Although there already has been a net displacement of a least three and pros- ablY four low and moderate income persons, the offer of one unit does repre- sent a compromise.If Council agrees to this compromise in satisfaction of Ordinance 53, we suggest that it condition ".. approval on either tenant qualification through the Housing Authority or commitment to rental guide- lines in the low income ranges as established by Council for the 1978 Growth Management reviews. We prefer the latter as having .the most direct effect. Commitment to the low income range (based on $300jmo. rent for an 800 sq. ft. 2 bedrooomapartment; therefore" :adjustments wi 11 be made based on si ze) will further compensate for the fact that there has been greater tenant displacement than just one unit will answer. Please note that any approval should be conditioned further on satisfaciton of the City Engineerts concerns regarding increasing the depth of the on-site parking aneato 22 feet in order to compensate for the fact that perpendi culi ar parking requi res a minimum 24 foot alley and the present one is only 20 feet. sr ,~ ,-" ~ C{{l\ (t!w',.,\uJ ALBERT KERN ATTORNEY AND COUNSELOR AT LAW P. O.60X 389 430 E. HYMAN STREET ASPEN, COL.ORADO 81611 TELEPHONE (3031 925-7411 June 28, 1978 HAND DELIVERED Ms. Karen Smith City Planner City Planning Office 130 South Galena Street Aspen, Colorado 81611 RE: Arrowhead Condominiums, Inc. - Conceptual Approval Dear Karen: As you no doubt recall, the City Council, at their meeting on June 26, 1978, voted three to three on a motion to approve the conceptual subdivision of the Arrowhead CondOminiums project. You can understand my disappointment in this "disapproval," but particularly since neither you nor the housing director prese~ted to the Council the compromise which had been suggested by you' and had been accepted by us, which was that the developer would provide one condominium studio unit available for rental by an "employee." You might recall that the housing director offered one suggested compromise, but never referred to the above alternative, which had been discussed by all of the parties and, as I advised both you and Mark, had been agreed to by Mr. Deutz. In a discussion with one of the councilmen who had voted against approval, he informed me that if a studio unit was available for employee rental, he would have voted favorably. In light of the above, I would appreciate your setting another conceptual hearing at the next City Council meeting for the Arrowhead Condominiums project to review the proposed compromise. YtJill trul , Albert Ker AK/sss cc: Mr. Paul Deutz r""""" '-, ALBERT KERN ATTORNEY AND COlJNSELOR AT LAW P. O. BOX 369 430 E. HYMAN STREET ASPEN. COLO~ADO 61 61 1 TELEPHONE (303) 925-7411 June 27, 1978 city of Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Attention: Ms. Karen Smith Dear Karen: I left a message with your office today and I am now formally requesting the return of the building plans of the Arrowhead Condominium project. You may recall these were delivered to you on your request and they are not part of the application for conceptual subdivision approval. ~~ Albert Kern AK/SSS ~'1 ',".1", f",J),c!i f':rt ,v &'rp..~jf~.~J' \ 0'Zk)f ILb-J ,~ ~, M E M 0 RAN DUM TO: Aspen City Council FROM: Karen Smith, Planning Office RE: The Arrowhead Condominiums Conceptual Subdivision DATE: June 8, 1978 The application for conceptual subdivision approval for the Arrowhead Condominiums was before you at your first meeting in May. The matter was tabled at that time because the applicant could not be present. The application involves the reconstruction of two structures in four units into one fourplex on Lots K, L, and M, Block 113 off ofOriginal"Avenue near Glory Hole Park. As you will recall the Engineering Department had commented regarding parking. They noted that it will be necessary to in- crease the depth of the on site parking as shown on the conceptual plan to twenty-two (22) feet. This is to compensate for the fact that perpen- dicular parking requires a minimum of a twenty-four (24) foot alley and the alley is only twenty (20) feet. Marc Danielson had reviewed the cur- rent tenant history of the two buildings on the site and recommended against the condominiumization request on the grounds that it would displace the ! current tenants and therefore be contradi ctory to Ordi nance #53. . Since that time the Planning Office and the Housing Authority have met with Albie Kern who represents the applicants. We discussed ways in which the application might be brought into compliance with Ordinance #53. Albie i Kern was going to research two ways of meeting the requirements of Ordin- I ance #53. First he was going to look into the displacement of the existing tenants and was going to determine where they were relocating to see if they had found adequate housing. Secondly he was going to talk to the owner! who lives in Mexico and inquire whether the owner would be interested in ' providing one of the units as a studio unit for employee housing. Albie informs us that he has not yet been able to discuss this with the new owner! and plans to have done that by your Monday meeting. Albie also informed us . that he has been having difficulty getting in touch with the current tenants' whose leases are being terminated by the present owner. The Planning Officel has however received letters in the interim from three of the current ten- . ants. These letters indicate that it is not the desire of the tenants to leave this housing. Nancy Snell points out that her relocation will result in further employee dislocation in the town. She indicates further that she, has lived on the property for ten years and its not at all her desire to . move out. She has put alot in to the house and the location is very conven-! ient for her work. She further states that she had hopes of being able to have a first option on the property but it was sold before she knew it was available. By not renewing the leases she states, the new owners will have no tenants by the time they take possession. Consequently they will be com-J plying with the letter of the law but not the spirit, according to Ms. Snelll Terry Kaladish and Jan Hagen indicate that their present housing is also very convenient to their employment and that it is not convenient for them to move at this time. They also note the amount of money and work that they have put into the renovation of their apartment and that relocating at this time to . other employee housing has become almost prohibitive because of outrageous rents and lack of such housing. Marc Danielson will be present to comment at your meeting on Monday. We also hope that Albie Kern will be present to document his findings and report on any progress made with the new owner. At this poi,nt in time the Planning Office remains reluctant to recommend approval as there appears to be significant evidence of tenant displacement with no specific means of addressing this. sr !-;,,~~~.- r _',I-Y (AI~ ;Y'(i' ~l,J ~ 'xc ~ " " , .</ \i IlC~ d i,! I I' I't ~ ~\_" -.\' \ ',)11 ~, , \'''"'''''\r . ,\ \ \ OJ \ IV ,kN'f\N'I,'> \) !.k.'" \ ! , \1 ',\) \ \ .1 , . " ,,'\ '. i . '\;'_gll'\ "\.'~'\1) '{ -,.." '.! (",Jr' , . 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'1 /.;h-~~<L""___, v //U-th4 s:..:.{j . ,-..~L,-<~<-~ .......' 7 / (-<d"""lU4U"'~'<, rI () ~Y.., // i (/.4.^ NtZ'0"'.:,.J , 0" /?S. ,~ , -.,,'.... I I J. , '. '!! -' ". .. ~ ~ ~. / , ~. ".... I"""-.. . '" I j /J .1/1 _ ,4 pA,/l . . .J-.I" [/t/ -,,"/ tihy.o ;/k(O~ /af1<L. ~j1J-1~<f~ , . : U-d.. Y-14> .#;J"~lj;;:;L,;; ,,,,--,:.c-' tf.;f J4U1Jt/ ~,~<. SL0, i,. 1", ,. , a (/'1/ 7 ' tJ~ t7 : ~"'~ ,.,d.4-~ -~ft-./-:7 ~.-b--=~ ~ft2~' ~ -'~'.I' i' ....v "-"'(F.q~ :f ...vr ~'/~ . .~ "':~", ( 11:.'"'''' , .,,....-_....... """, ,~ MEMORANDUM TO: Aspen City Council Karen Smith, Planning Office FROM: RE: Arrowhead Condominiums Conceptual Subdivision DATE: May 5, 1978 This request involves the reconstruction of two structures and four units into one fourplex on Lots K, Land M, Block 113 off of Original Avenue near Glory Hole Park. As it classifies as the reconstruction of existing units, the project is exempt from Growth Management Ordinance *48; but must comply with full subdivision reviews. The two structures now on the site total three one bedroom units and one two bedroom unit. The appli- cant proposes to do four new units of approximately 2,250 sq. ft. per unit; but has not decided how many bedrooms each unit will have. The mix of unit type will be governed by the pro- visions of the RMF zone district given a total lot area of 9,000 sq. ft. The Engineering Department has commented regarding parking. They note that it will be necessary to increase the depth of the on-site parking area as shown on>.the conceptual plan to 22 feet. Apparently, this is to compensate for the fact that perpendicular parking requires a minimum of 24 foot alley and the alley is only 20 feet. With this one condition, they recommend conceptual approval. with respect to housing impact and Ordinance 53 compliance; Mark Danielson, the housing authority director, has researched the rental history of the existing units on the Lot. That information is attached. It was his recommendation to the Planning and Zoning Commission that at least two and maybe three of the units are now used by employees. In the absence of any specific commitment to maintaining employee units at the site, the housing ~uthority had advised against the condominiumization. While there was discussion before the Planning and Zoning Co~ission at their April 18 meeting about providing for employee!s in later submissions under the sub- division regulations, ~here was no condition stated in their motion. The Planning ~nd Zoning Commission did recommend approval. Ordinance *53 clearly states that the employee housing impact of a condominiumizatioh should be reviewed at the conceptual stage of subdivision. i We would recommend that Council approve the conceptual subdivi~ion review only with the condition that the preliminary plat srow a configuration of units that lends itself to maintaining at least some employee housing on the site. What we suggested at the time of p&Z review was that rather than providing ~our large and over 2,000 sq. ft. units, that the units be vari~d in size and provide at least one and perhaps two of the uni~s as employee units. The manner of . tying these down as employee units should be worked out through the housing authority and might follow some of the guidelines in terms of tenant qua~ification that were suggested by Mark Danielson at your studlf session on May 3. The situation is different here than it! was with the Lacy Duplex which you recently considered. ~here the applicants were able to and, in fact, had demolishe~ a unit on the site which had served in ^ -. Memorandum Page Two May 5, 1978 employee housing function and built an entirely new duplex which could not be construed to be in the supply of low and moderate income housing. A duplex is permitted provided that it complies with all the zoning requirements of the district and it does not require any subdivision reviews. In the Arrowhead case, however, the owners of the property could, of course, demolish the four units which now exist. However, before rebuilding those, they would have to receive full subdivision approvals, since the application also requests condominiumization of the four units. Ordinance #53, regarding housing impact, does apply and there is an opportunity to apply its provisions prior to the construction of the new units. We think that this is exactly the kind of situation that Ordinance #53 was designed to cover. If it is not, we can anticipate a number of demolitions and subsequent reconstructiori in order to avoid its application. High priced units will be built ons i t 'es where ones of moderate price formally existed. Then once built, the applicants can request condo- miniumization and argue that their units never were within the low and moderate income housing range. On the positive side, within this project, there is opportunity to combine low and moderate income housing with higher priced units just by varying the size of units. It is this kind of integration that the Growth Management Ordinance is designed to achieve. We urge Council to approve conceptual subdivision application for the Arrowhead condominiums only under the condition that the applicant demonstrate that the construction and conversion will not reduce the supply of low and moderate income housing. Imk enc. ^ r-. i~ M E. M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office, Karen Smith RE: Arrowhead Condominiums - Conceptual Subdivision DATE: April 7, 1978 This request involves the reconstruction of two duplexes 'into one fourplex on Lots K, L, and M, Block 113, off Original Avenue near Glory Hole Park. As it classifies as the reconstruction of existing units, the project is exempt from Growth Management Ordinance 48, but must comply with full sub- division reviews. The two duplexes now on the site total three one bedroom units and one two bedroom unit. The applicant proposes to do four new uni of approximately 2250 square feet per unit, but has not decided how many bedrooms each unit will have. The mix of unit type will be governed by the provisions of the RMF zone district, given a total lot area of 9,000 square feet. The Engineering Department at this stage has one comment regarding parking. They note that it will be necessary to increase the depth of the on-site parking area (shown on the conceptual plan) to 22 feet. Apparently this is to compensate for the fact that perpendicular parking requires a minimum 24 foot aisle and the alley is only 20 feet. With respect to housing impact and ordinance 53 compliance, we have little information from the applicant. However, the applicant's attorney, Albie Kern, promised to get with the Housing Director prior to the meeting. From what we know, we do have reservations. The two structures which are likely to contain employee housing are being purchased by out-of-town investors for the purpose of vacation retreat housing. sr r-. ~ ASPEN METROPOLITAN SANITATION DISTRICT Box 2810 Aspen, Colorado 81611 303/925-2537 March 29, 1978 Planning City/County 130 S. Galena Street Aspen, Colorado 81611 RE: Arrowhead Condominium Attention: Karen Smith Dear Karen: Since this is a reconstruction project and no increase in units the sanitation services will not be affected so we see no problem with this application in regards to sanitation. Sincerely /j,-~ /~ Heiko Kuhn, Manager Aspen Metropolitan Sanitation District RK/ld ^ ^ MEMO TO: KAREN SMITH PLANNING FROM: DAVE ELLIS c-+-... ENGINEERING"':V'~ ~ DATE: March 20, 1978 RE: Arrowhead Condominiums - Conceptual Review At this stage the engineering department has only one comment regarding parking. To park perpendicular requires a'minimum ~4 foot aisle, but the alley is only 20 feet wide. To compensate it will be necessary to increase the depth of the on-site parking area to 22 feet. Subject to this comment the engineering department recommends con- ceptual approval. jk " , i '\ ARROWHEAD CONDOMINIUMS ATTORNEY, Albert Kern 1. Mr. & Mrs. GURnsey were previous owners(address: Angeles Vista Blvd., Los Angeles) - owns Lloyds California 5416 of 2. July 15th--closing date by Mr. Kern's client 3. Two houses situated on 3 lots, total of 6 bedrooms(near Glory Hole) on Ute Ave. & Original Red House: Contains 3 units A. Studio unit previously used by Mr. & Mrs. GURnsey; painted and carpeted. B. Studio unit leased by Marcus Caldwell for past two years at $140/month plus utilities. Marcus earns 10k/year fro the Golden Horn and Galena Street as a waiter--full year resident--will work with Mike Ever Construction in the summer. Before Marcus, a Cathy Schwartz lived there for five years at $125-135/month. Lease runs out May 1. He would renew if possible as in the past. C. ~~o bedroom unit(downstairs). Leaseholder is Helen Shannon, who moved to Canada last April, 1977. Subleasin are Jan Haugen(m) & Terri Koladisk(f) who run Pegasus Saddlery at the Highlands. Both also work at Maurices Restaurant by the Aspen Alps. 'Combined income is approximately $12,000/year. Phone is 925-6058. Unit has been retiled and repainted by Terry. They pay $244.65/mo plus utilities. Lease runs out E/l/78. Brick House: A. Leased by Nancy Snell, manager and partial owner of "The Mogul Shop" on Durant Street. Nancy has been a resident for approximately 14 years. She is now in California but will be back by Friday, 4/21/78. This is a two-bedroom house and she pays $275-300/month. She has been there for approximately 10 years. Unknown whether she is a true employee or not. Amount of interest in Mogul Shop--but being here for 14 years and only having an interest in the business indicates she wou d be an employee. ~, ,~ ALBERT KERN ATTORNEY AT LAW P.O. BOX 389 WOODS BUILDING AS~, COLORADO 81611 TJI::tiEPJlO:NB (808) 92fS~'1411 March 10, 1978 HAND DELIVERED City of Aspen 130 South Galena Aspen, Colorado 81611 Attention: Ms. Karen Smith Re: Application for Subdivision Arrowhead Condominiums, Inc. Dear Karen: As you have requested, I am submit.ting this letter- application for approval of a subdivision of four condominium units on behalf of Arrowhead Condominiums, Inc. The real property involved is LotSK, Land M, Block 113, Aspen, Colorado, upon which are located four u.ni ts within two buildings now under contract of sale. The units all have kitchens, each with one bedroom, except one unit has two bedrooms. It is intended to remove the existing structures and erect one building containing four condominium unit.s (four kitchens, nine bedrooms) in accordance with the zoning laws of the City of Aspen. The conceptual drawings, together with the required information, have previously been submitted t.o the appropriat depart.ment; however, if you require further information, please let me know. Yours very truly, A~n AK:sss <...--' .......~"'"~ !"""'\ ^ M E M 0 R A DUM TO: Dave Ellis, Engineering Clayton Meyering, Building Jim Markalunas, City Water Heiko Kuhn, Aspen Sanitation District George Newell, Fire Marshall Marc Danielson, Housing FROM: Karen Smith, Planning RE: Arrowhead Condominiums DATE: March 8, 1978 Attached please find the conceptual subdivision application for the Arrowhe~d Condominiums. The application proposes to\ldemolish 2 buildings (4 units) on Lots K, L, and M, Block 113, and replace same with one mCilW.family building with four units. Because this is a reconstruction and there is no increase' in units, the application is exempt from the Growth Management Ordinance un- der Sec. 24-10.2(a). However, full subdivision reviews are required becaus~ this is a multi-family dwelling. r am asking Clayton to help me look at zoning compliance because of the size of the project. The tabulation of unit numbers and average square footage of each is on one of the attached maps. r have asked Albie to supply me with Building plans as well since they are complete. r have space on the March 21st~enda (application was submitted the 7th), but will not schedule it if any of you need more time. Please let me know by Wednesday, March 15th. >K~~;w;fr"c'kJ Jt"'dh YUr, ~ I /~ rU~ -k ftu Aptrl ~~~. *Marc: additional information will be comming to you soon. " ~ ~ -"1+ aU( !""'\ ,-, MEMORANDUM TO: Aspen City Council FROM: KOlren Smith, Planning Office RE: IArrowhead Condominiums Conceptual Subdivision - DATE: May 5, 1978 Thi$ request involves the reconstruction of two structures and four units into one fourplex on Lots K, Land M, Block 113 off of Original Avenue near Glory Hole Park. As it classifies as the reconstruction of existing units, the project is exempt from Growth Management Ordinance #48; but must comply with subdivision reviews. The two structures now on the site total three one bedroom units and ,one two bedroom unit. The appli- cant proposes to do four new units of approximately 2,250 sq. ft. per unit; but has not decided how many bedrooms each unit will have; The mix of unit type will be governed by the pro- visions of the RMF'zone district given a total lot area of 9,000 sq,.ft. The Engineering Department has commented regarding parking. They noie that it will be necessary to increase the depth of the on-site parking area as shown on "the- concept,ual plan to 22 feet. ' Apparently, this is to compensate for the fact that perpendicular parking requires a minimum of 24 foot alley and the alley is only 20 feet. With this one condition, they recommend conceptual approval. With respect to housing impact and Ordinance 53 compliance; Mark Danielson, the housing authority director, has researched the rental history of the existing units on the Lot. That information is attached. It was his recommendation to the Planning and Zoning Commission that at least two and maybe three of the units are now used by employees. In the absence of any specific commitment to maintaining employee units at the site, the housing authority had advised against the condominiumization. While there was discussion before the Planning and Zoning Commission at their April 18 meeting about providing for employees in later submissions under the sub- division regulations, there was no condition stated in their motion. The Planning and Zoning Commission did recommend approval. Ordinance #53 clearly states that the employee housing impact of a condominiumization should be reviewed at the conceptual stage of subdivision. We would recornnend that Council approve: the conceptual subdivision review only with the condition that the preliminary plat show a configuration of units that lends itself to maintaining at least some employee housing on the site. What we suggested at the time of P&Z review was that rather than providing four large and over 2,900 sq. ft. units, that the units be varied in size and provide at least one and perhaps two of the units as employee units. The manner of ~ying these down as employee units should be worked out through the housing authority and might follow some of the guidelines in terms of ten\lnt qualification that were suggested by Mark Danielson at your study session' on May 3. The situation is different here than it was with the Lacy ,Duplex which you recently considered. There the applican'ts were able to and, in fact, had demolished a unit on the site which had served in " i 1""'\ ."-". Memorandum Page Two May 5, 1978 . employee housing function and built an entirely new duplex which could not be construed to be in the supply of low and moderate income housing. A duplex is permitted provided that it complies with all the zoning requirements of the district and it does not require ,any subdivision reviews. ,In the Arrowhead case, however,the owners of the property could, of course, demolish the four units which now exist. However, before rebuilding those, they,would hav~ to receive full subdivision approvals, since the application also requests condominiumization of the four units. Ordinance #53, regarding housing impact, does apply and there is an ,opportunity to apply its provisions prior to the construction of the new units. We think that this is exactly the kind of situation that Ordinance #53 was designed to cover. If it is not,we can anticipate a number of demolitions and subsequent reconstruction in order to avoid its application. High priced units will be . built ons it e s where oneq of moderate prioe formally 'existBd. Then once built, the applicants can request condo- miniumiza.tion and argue that' their units never were within the low and moderate income housing range. On the positive side, within this project, there is opportunity to combine low and moderate income housing with higher priced units just by varying the size of units. It is this kind of integration that the Growth Management Ordinance is designed to achieve. We urge Council to approve conceptual subdivision application for the Arrowhead condominiums only under the condition that the applicant demonstrate tha.t the construction and conversion will not reduce the supply of low and moderate income housing. " Imk enc. . , " . . f"""'\ ,- ARROWHEAD CONDOMINIUMS ATTORNEY, Albert Kern L Mr. & Mrs. GURnsey were previous owners(address: Angeles.Vista Blvd., Los.Angeles) - owns Lloyds California . . 5416 of 2. July 15th--'closing date by Mr. Kern I s client 3. Two houses situated on 3 lots, total of 6 bedrooms(near Glory Hole) on Ute Ave. & Original Red Bouse: Contains 3 units , A. Studio unit previously used by Mr. & Mrs. GURnsey; recen~ly painted and carpeted. : B. Studio unit leased by ~arcus Caldwell for past two years! at $140/rnonth plus utilities. i1arcus earns 10k/year from the Golden Horn and Galena Street as a waiter--full year': resident--will work with r-like Ever Construction in the . summer. Before Narcus, a Cathy Schwartz lived there for! five years at $l25-135/mont,h. Lease runs Qut May 1. He! would renew if possible as in the past. C. ~vo bedroom unit(downstairs). Leaseholder is Helen , Shannon, who moved to Canada last April, 1977. Subleasi~g are Jan Haugen(m) & Terri Koladisk(f) who run Pegasus Saddlery at the Highlands. Both also work at Maurices Restaurant by the Aspen Alps., . Combined income is approximately $12,000/year. Phone is 925-6058. Unit has i been retiled and repainted by Terry. They pay $244.65/mq. plus utilities. Lease runs out 6/1/78. : Brick House: A. Leased by Nancy Snell, manager and 1?artial owner of "The I Mogul Shop" on Durant Street. Nancy has been a resident i for approximately 14 years. She is now in California but will be back by Friday, 4/21/78. This is a two-bedroom house and she pays $275-300/month. She has been there, for approximately 10 years. Unknown whether she is a true employee or not. Amount of, in.terest in Mogul Shop--but being here for 14 years and i only having an interest in the business indicates she wou!ld , be an employee. ,~ , c '. " .i. ,~ . , " I""' ,......., M E M 0 RAN DUM TO: Aspen City Council FROM: Karen Smith, Planning RE: Arrowhead ~ Final Plat DATE: February 8, 1979 Final plat approval for the Arrowhead Condominiums will be before you for consideration Monday. As you'll recall this application involved the re- placement of two structures (4 units) at Glory'Hole Park with a new condo- miniumized fourplex. Council granted conceptual approval after several rounds of discussion with the condition that one of the units be reserved as low income employee housing under the 1978 housing price guidelines. The preliminary plat which was presented to P&Z incorporated price restric-j ti ons on one unit. The 1978 gui del i ne for low income units was ,$300 or under for a two bedroom, 800 square foot unit which rental may be adjusted , proportionately higher for square footage greater than 800 square feet. ' No time duration for continuing price controls was ever adopted by Council although.five,yearswasdiscussed. The final plat reserves a 1615 square foot two bedroom apartment as the low] income unit. The rental rate at that square footage is $581.40/month. The: City Attorney and Albie Kern discussed two alternative methods for controlling price over the long term, but it was resolved that keeping the rental at ] $581.40/month for five years was appropriate given the status of price con-i trols at the time the application was first considered. Admittedly, : this continuing control is not consistent with currently adopted : policies, but was what weihad at the time. The per square foot rental rate$ are consistent with current rental guidelines although the unit square footage : is greater than we would allow today. A reduction in unit size would lower! the price somewhat. Again our current rules are more refined. A reduction of the Final Plat is included in your packet and will demonstra~e builGing configuration and unit sizes. A declaration of covenants provides: for the housing restrictions above described and which were finally approveq by P&Z after expression of considerable concern. Other conditions of the P&4 approval were: : 1. 6 month lease applied to all units (included in covenant). 2. Attention be paid to service line depth out of the building as suggested by Aspen Metro. 3. Maintenance of clearance on the north side of the building for fire I access to the east through the alley. 4. Resolution of the City Engineer's concerns i Dave Ellis has checked the Final Plat and recommends approval. Approval shduld be given including a specification of the remainiing conditions and recordinig of the Declaration of Covenants with the Final Plat. sr 1""\ 1""\ ''"--~'';:''.''-''''''': ," ),....:.,. 1 , ."'~':., ........',"..,-'..'...."..,., .,:~,;;;.;;<;;~;;..,:';,;;;,~,;' .,'~:;;,,',=~,.;'-;;,.:,i;),<;,,', '..;,~;~;Jj;.,~i,i:i;;:>,,'. :~....-;};.,..;,,';;; . ',;~..w,:~'(',"."""',"'''-',..;,......:''~ !I i .1 ,-&..i.._ I il I 'I (\""~lU..a,,"le' J 1/----- , I ,I ::! <; > m 0 ~ . , 8' wi .1 , ~, . , .' w >, >, ~, 0, 0 z . 3 . .' " w' 0 " ., 01 " m' ., ~ " .' w Z, I 'L._..__._~....,._...,.____._....._._ -y elect",',I:Y.rh.:..;;;~tr:f~~I.I..~~-~.__...._.~-- 'tv '" A L L 9 E UANHOLEb 9 y " -"'- 9 I " 90.00' SET: REBAR L.$. ~184 8"lIn. S SEW~R & GAS lOCATED IN C~NTER OF ALLEY Wi PL~STlC CAP , I 1 ...... 9 9 g :r"u,.. SET: AEBARW/PLASTIC CAP' L.S. tl1S" till S 75009'11"e - 1- -- ~.....l +-. DUMPSTeR r-- 1 I 1 I 1 - - - ~.....- - I" I i ---t-- - .-- 1 T"t" 1 ELECTRIC'" COMMU,NICAT10H EASEMENT P.,kln; 1 _ ,.1' ~~. l'A~':~~:kt:"4~... ,,:,>;;0,:." " '" I ,',"~ ",":~;'if.,~ r -I PROVIDE ~RYWELLS FOR DOWNSI ~.~.. ' '. .- o o o o .... o 01 ~I 1 wi ,i,,11 :<T o It) ~'I .... Z " (' I I r I C'> I~ 3: ~ o 'tI') :~ (h:: ST'RUCTURE I, ....<t!'~".."'~,.".',T.,..",. ,~,' ..r;t,.,;. "', ,I,!. l," "€___ , ,.-..1 1," 1- ' ,-/:r ..:,/ M..;;' "''f'' ~&-'\""'" .....,"/ 1\',:" ,:~..",I, " '~,"//I o::'~ I ~"I.h oJ<~." 34 1 './\.-- / -- ._ I L01 P(>~.f \, '_!.:;'!" J-"..,~,.',',;I ~.<:.: ','I '1 ,J>,..,/..i. , T."av. .:~~~f/;4'f -=-=::~~;:'---'''':::: ~'",~ -~t;<:f: ':":~-j>l:r ,- -,' .:. "d"il:J~,".. - --~-~~~:_, .;.' ~~'--''--'-';"'~''''.,~.:^,-~:'I"~~.~~ _,~__~~y.'~ W!#lAST1C CAP N '75')0-9"'t1nW gO,OO'.'" ~.-."-'.-.-..U,i '-';;;l~"1P H..ltw'jPl..SHC CAP '101 H"",:f 1 S 1....('l~ N - ,'SET ~U,UAA l,S.9111<4' GLORY PARK Hal .<,' ;Jt) I D'.IF' 'AU'! ~J , ,t.,~\"if,"" 1 .! ! ,,;:- -~.~~ ~ ~ M E M 0 RAN DUM TO: KAREN SMITH PLANNING FROM: DAVE ELLIS ~ ENGINEERINGdl:J'2-. DATE: February 6, 1979 RE: Arrowhead Apartments Subdivision - Final Plat Review After reviewing the most recent final plat reV1S1ons submitted today, the engineering department recommends approval by City Council without changes or conditions. Although there are no engineering concerns which need to be included in a subdivision agreement, there are other conditions of approval which should be included in some document to be recorded simultaneously with the plat. jk ^ ! I ~-'\ (\)\1 ! , () i , '\1 / J'y/ ,,/61.1"', .."-- .,,\ /' ,- ,.;~_~')> ," . \ ,\ ;> / ",r;.'j. \ \..- \ \ /""" ,,~!,..<' '" ~ ' "I" ' ' . .".' ..' . ,r \y, {" . ,C\ ,1,"""\\"" ," \",i'~. '.... \' \ ,'\ ',,1'. II) ",,' ' ,'~ :: 'I, ..;.' ,Y" ..-if 'I ~ '~ \ ' 'I" " 1'0')"1\'';' .,. \ ' >' . "" .~' ~, " : .' \ / ' ~: \~' . I' [/'--" - '1', I I"~ ,.~ \ ) - ',,':/ :;,.,' \ \,1, ~ \" ' '.\ ,\~ -!. / \~ ' .' I r' I.' ',- \ '< \ ! ~'... )~. ' .," I ,://\~'\,"'" ,\, ,~. " ~-";'~ ,)\, ~ . .. \ ,>. '; ';.. I \ , c.\P,. ;,? i-' , "',\"', '0~,' ,II ' ".. ~\~' r'i \ .1 ,""l~/ \ \' ,,\' r \ ~"\"""" \.", . ,\."'1 - . I. \ t"', r'-~" .. I " )'7-"1 ~,\'~~~~ '::)d.L~~(' , e" -,-:- 4..f-- ,,' !- () o z o o s: z c s: (f) < () Z -l -< l> :;0 :;0 o ~ :r: (T1 l> o s: l> -u ~, ~.,I'''':. . ,.' " , , , _.-/~/ '. . .., ~.~.. " " " ' \- ~'::;;.~,>,~ ,..,,,... .f' ,v I -0.. .~ ,- .,,() ....4~\, ," ;. '" (, , I .~'\ -1~'-. ...":;.",",'. , (r ,,\ .' ~~:~\ ~i-~';. \ \ \ ~:. ], I " " , "), 'i,',', ...,/ ' .,J ~ ,t:>- ' i ,t> ~? ~1- o ;,. " ~ . r \' " " ~'\ 7 U ~ \~ \' 11 " " \, " -:. " " ," \' \ ," ..' \" "-I! , , '. ..,.,;' I " ~ '-+- I'",y '~ i ,\~7' V' '. ~ v '~.. i ,'().;~.! ~ ';1'1 , :'k '. t \! ./ /,.- i i i /" /.-1/ ,) /1 " ! \, ,; ! ) :. """", "- . SCHEDULE A Order Number: 7593-C2 1. Effective date: December 7, 1977 at 8: 00 A.M. 2. Policy or Policies to be issued: A. AL TA Owner's Policy Proposed Ins"cod, PAUL L. DEUTZ JR. OR NOMINEES B. ALTA Loan Policy Proposed Insured: c, r""'\ Commitment Number: CC77990 Amount of Insurance $ 215,000.00 $ $ Tax Certificate 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title ;s at the effective date hereof vested in: V. LLOYD' GUERNSEY, as to Lots Land M, AND THE HEIRS OF AUDREY B. GUERNSEY (deceased), as to Lots K and L ' 4. The land referred to in this commitment is described as follows: Lots K, Land M, Block 113, 'in and to the CITY AND TOWNSITE OF ASPEN, County of Pitk'n, State of Colorado. Authorize.d Countersignature Page 2 406002 STEWART'rITL GUA,RANTY COMPANY Premium $538.25 5.00 "'"', ,-. SCHEDULE B - Section 1 Order Number: 7593-C2 Commitment Number CC 77990 Requirements The following are the requ~rements to be complied with: Item (aJ Payment to or for the accountof the grantors or mortgagors of the full consideration for the estate or inter st , , to be insured. ' Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for recor1, to.wit; : (e) Release by the Public Trustee of Pitkin County of Deed of Trust from : Thomas A. Simp:son and RUeen Siml"son for the use of Rocky ~fotmtain Savings and Loan Association to secure $l.8,800.00,dated January 11, 1968 and : recorded January 12. 1968 in Book 232 at page 437. (d) Certified copy of death certiJ;icate issued by the Colorado Eur.eau of Vitlil Statistics of Audrey 1\. Guernsey, deceased, or if death occurred outside Colorado. the affidavits required il1'63 CRS 118-2-3. (e) Release of subject property from the lien of the Colorado InberitaBce Tax intbe Ils~te of Audrey B. Guernsey. dec/!'.8sed. (f.)If the name of the decedent on the California.., d~th cQrtificate is not identical with that by whieh the decedent helutf,tle to subject property. it will be necessary to record the sllpplementary .ilffidavit provided for in '63 cas 118-2-2. ' '\ \ ,.~~ De".. \ .lr. or nominees. (g)Deedfrom V. Lloyd Guernsey to I ! .- Page 3 STB"TART TI'l'LB GU)\RANTY COMPANY 406003 ~,.. ~",,-,-,., l/IIi:iII'" ." ~ .~,""''''''-'',,;~ -,..'_'~'.. ". ..'.,..~, --;w"" .-~ """~"". ~.."" ''''',~~', ~-~:<.-'''"''".T~~'''lT,''''''''''''''~':'''''-'''-"''-------'- .,'.",.-,',.......~""'""""'"" . :. " ."""", 1"'"'"0., ",",,'''' SCHEDULE II - Section 2 ~~){cCPtions I I Comlllilmellt NwnIJJr;CC 77990 ! Order Number: 7593-C2 The policy or policies to be issued will contain exceptions to the fo!lowin~J unless the same are disposed of to the' satisfaction of the Company: 1. Rights or claims of par"ties in possession not shown hy the Pllhlic records. 2. Easements, or claims of easements, not shown by the pul)lic l'cCOI'ds. 3. Discrepancies, conflicts in boundary lines, shortaqe in area, cnCl'O(1dllncnts, and (IllY facts vI/hich Cl correct survey and inspection of the premises would disclose and which ,He not shovvn by tlw public ITCOI'ds. 4. Any lien, or right to a lien, for services, labor or rnatr.rj{ll theretofore or hereafter fUl"Ilislll:d, irnpqscd by )avv and not shown hythe public records. 5. Defects, liens, 'encumbrances, adverse clairns or f)ther lT1ilttr.rs, if ,m-y,CI"p'illed, fir<;! RPIWiHil1(1 in the puhlic records or attaching sub5eCluent to the effective date Iwreof but prior to the dnte lhe proposed insured, acquires of record for value the estate or interest or mortgage thereon covere,d by thisColnl1litmcnt. 6. Any and all unpaid taxes and assessments alid any and all tax sales lolhich have not been properly redeemed or cancelled. Treasurer's Certificate of taxes due has been ordered. 7. Reservations and exceptions as contained in patents from the United States under the provisions of the act of Congress, approved on the Second day of March, A.D. 1867, entitled "an act for the relief of the inhabitants of Cities and Towns, upon the public lands. Provided, 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 provided further that the grant hereby made is held and declared to be subject to '! all the conditions, limitations, and restrictions contained in Section 238~ of the Revised Statutes of the United States, for far as the same are ! applicable thereto." I I . i 9. Any tax, assessment, fees or charges by reason of the inclusion of subject: property in Aspen Fire Protection District; Aspen Street tmprovement DistTi~t, Aspen Sanitation District, Aspen Valley Hospital District and The City of Akpen. I i 8. Any and all mineral rights reserved to the United States of America in Patents of record. '"NO.''' Exceptions numbered are hereby omitted. Page 4 STE'WAUT TI'l'Ll<; !406004 nnA',;-'fIANTY (~., \f ,. 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