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Home My WebLink About710 S. Apsen partialalleyvacationSkiersChalet.2006 A :M:e:D1ora.n.d~,..,. . file CiII'''''' CiII' lIIIDrll8f'S 8lIIee , '1 TO: Mayor and Members of Council 0,( Vi j,lt!! FROM: John P. Worcester DATE: March 27, 2006 RE: Application for partial vacation of Alley - Skiers' Chalet Enclosed please find a memorandum prepared by Nick Adeh for the Council packet when this item came before City Council on first reading of a vacation ordinance. The application for vacation of a portion of the alley has been made by the contract purchasers of the Skiers' Chalet. I'm told a representative of the applicant will be present with a plat larger than the one in this packet indicating the portion of the alley that is to be vacated. Community Development is meeting with representatives of the applicant on Friday, March 24, 2006, and will have a recommendation to Council regarding this application at the Council meeting. cc: City Manager Community Development Memorandum ~ Reference: Mayor and City Council Members John Worcester, City attorney and Steve Barwick, City Manager Nick Adeh, City Engin/~. January 17, 2006' Application for partial vacation of alley right of way TO: THRU: FROM: DATE: SUMMARY: The owners of Skiers Chalet Lodge have asked for vacation of a public alley segment under their current building. This alleyway is 10 feet wide and the lodge was built on it over 40 year ago according to documents submitted with their request. City's utility departments have responded to this application and request that this segment of public right of way become a public easement if vacation is granted. BACKROUND: Skiers Chalet Lodge was built on this public right of way and staff has no record of existing City infrastructure within this segment of alleyway. The applicant plans to remodel and renovate the existing structure but has no plan to replace it. This verbal statement was made by their representing attorney Pat O'Callaghan. DISCUSSION: Future redevelopments in this area wi\l require adequate utility corridors to deliver services to their projects. It is therefore necessary to preserve and keep our existing rights of ways free and clear from underground, surface, and space restrictions to accommodate future utility service demands. It is our intention to reserve any vacated right of way as a utility easement for the City's main utility systems. .FINANCIAL IMPLICATION: This project wi\l have no financial impact on the City's current resources and therefore, no funding is requested. RECOMMENDATION: I recommend approval ofthis vacation request to allow continuation ofthe existing building. Staff requests a full easement along the vacated alley and no future structures upon it. CITY MANAGER COMMENTS: ~ ~ ,f.N,,>~L 'f'", ..A..un8{",) ~ ~'11 :::z ,,"~ ,- 'ffi ~t~~ . . . , ,~ ~,J-""'" it< ~ ..Q~AX.. . ~17 Vacation 2006-01 Law Office of R. J. O'Callaghan 125 East 7th Street, Suite 100 Pueblo, Colorado 81003 Phone: (719) 543-8371 Fax: (719) 543-8375 January 5, 2006 Nick Adeh City Engineer City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: Skier's Chalet Dear Mr. Adeh: I represent Skier's Chalet, LLC, the prior owner of the Skier's Chalet Lodge. The Lodge is located on Lots 4 and 11 less the West 22' thereof, Block 9, Eames Addition to the City and Townsite of Aspen, and on Lots 5..10, Block 9, Eames Addition to the City of Aspen and on top of a portion of the alley through Block 9 (the "Property"). Joseph E. Edwards, III represents 710 South Aspen, LLC which has recently purchased the Skier's Chalet Lodge from Skier's Chalet, LLC. His approval to this application is set forth below. We request that the City of Aspen enact an Ordinance vacating the portion of the Block 9 alley running through the Property. It is our understanding that the portion of the alley in Block 9 located to the west of the Property was previously vacated. Enclosed for your reference are two copies of an improvement location survey showing the property and the portion of the alley to be vacated. Also enclosed for your reference are copies of letters from all the local utility providers which indicate that they have no objection to the City vacating the alley. Please contact me if you need any further information. Sincerely, /!f!;' ~ R~J. patriCk~ Enclosures APPROVED ON BEHALF OF THE OWNER OF THE PROPERTY, 710 SOUTH ASPEN, LLC, BY JOSEPH E. EDWARDS, 111, AUTHORIZED REPRESENTATIVE. KLEIN. COTE & EDWARDS, LLC ATIORNEVSATLAW HERBERT S. KLEIN LANCE R. COTE. pc. JOSEPH E. EDWARDS, Ill, PC EBEN P. CLARK MADIRJ B. KRISHNAMURTl hsk@kcelaw.net Irc@kcelaw.nct jee@kcclaw.net cpc@kcclaw.neC mbk@kceIaw.net 20] NORTH MD.l. STREET, STE. 203 ASPEN, COLORAOO81611 TELEPHONE: (970) 92'.8700 FACSIMnE: (970) 92:;.)977 . .110 .dmilled. in California December 16,2005 Mr. Walt Dorman Holy Cross Energy P.O. Box 2150 Glenwood Springs, CO 81602 Re: Alley, Lots 5, 6, 7, 8, 9 & 10, Block 9, Eames Addition - Aspen, Colorado Dear Mr. Dorman: We represent the contract purchaser of the Skier's Chalet Lodge in Aspen, Colorado. The City of Aspen is the owner of the above-reference alley which bisects the Lodge building (which has been in this location for approximately 40 years). The City has indicated to me that they would be willing to vacate that portion of the alley that is on the Lodge property. Prior to making a final decision, the City has requested written confirmation from each of the utility companies which use that area stating that they have no objections to the City vacating the alley. We do not believe this will affect any of your service lines. An Improvement Survey dated November 1,2005, is enclosed. The portion of the alley under discussion has been highlighted in yellow. I would appreciate it if you would review the survey and let me know if you have any concerns with respect to the City's vacating the portion of the alley which crosses through the Skier's Chalet Lodge. If you do not have any concerns regarding this alley, I would appreciate it if you would sign in the blank provided on the following page and return this letter to me. Thank you for your consideration. Please call me if you have any questions. S incerel y, KLEIN, COTE & EDWARDS, LLC B Enclosure Mr. Walt Dorman December 16, 2005 Page 2 WE HAVE NO OBJECTION TO THE CITY OF ASPEN V ACA TING THE REFERENCED PORTION OF THE ALLEY IN BLOCK 9, EAMES ADDITION, CITY OF ASPEN. By: Name: . Title: cc: Client Hills\Ski\IAlley Vaca Itr-Holy Cross.doc ~l~ THE MYLER LAW FIRM, P.C. AOMmED IN co', NY', cr' 211 MIDLAND AVENUE SUITE 20 I BASALT. COLORADO 81621 TELEPHONE (970) 927.0456 FACSIMILE (970)927.0374 DAVIDlMvLER1 ROBYN 1. MYLER Il J A Colorado Professional Corporation EMAILS dmyler@mylcrlawpc.com nnyler@myletlawpc.com cvincent@mylerlawpc.com cwood@mylerJawpc.com CHER R VrNCENT, PARALEGAL COHNIEA. WOOD,lEGALASSISTANT February 9, 2006 VIA EMAIL James Lindt City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 RE: Ordinance No.4, Series of2006 - Skiers Chalet Alley Vacation Dear James: As we discussed, 710 South Aspen, LLC, as the current owner of the Skiers Chalet Lodge, and Skiers Chalet, LLC, as the previous owner and the applicant for an alley vacation, would like to postpone second reading of the above-referenced Ordinance until the second Council meeting in March. At first reading of Ordinance No.4, Council members expressed an interest in knowing more about the intentions of 71 0 South Aspen, LLC with respect to redevelopment of the property and, in particular, our plans for the existing lodge building. We are currently engaged in discussions with the Community Development Department and the Historic Preservation Commission in that regard and will be in a much better position to respond to the issues raised by Council if second reading is postponed as requested. If you have any questions or need any additional information with regard to this request, please do not hesitate to call. Very truly yours, :A~ David J. Myler ~ cc: Joseph E. Edwards, III (Via Email) Robert E. Daniel, Jr. (Via Email) Patrick O'Callaghan (Via Email) ASPEN ADDRESS: 106 SOUTH MILL STREET. SUITE 202 KLEIN. COTE & EDWARDS, LLC ArrORNEYSATLAW HERBERT S, KLEIN LANCE R. corE. PC. JOSEPH E. EDWARDS. III, PC EBEN P. CLARK MADHU B. KRISHNAMURTI hsk@kcelaw.net lrc@kcelaw.nel jee@kcelaw.nct epc@kcelaw.net mbk@kcelaw.net 201 NORTHMlll.. STREET, STE. 203 ASPEN, COLORADO 8161 J TELEPHONE: (970) 925-8700 FACSIMILE: (970) 925.3977 * also admitted in Califomia December 16, 2005 Mr, Don Somer Qwest 12680 Weld County Road 58 Greeley, CO 80634 Re: Alley, Lots 5, 6, 7, 8, 9 & 10, Block 9, Eames Addition - Aspen, Colorado Dear Mr. Somer: We represent the contract purchaser of the Skier's Chalet Lodge in Aspen, Colorado. The City of Aspen is the owner of the above-reference alley which bisects the Lodge building (which has been in this location for approximately 40 years). The City has indicated to me that they would be willing to vacate that portion of the alley that is on the Lodge property. Prior to making a final decision, the City has requested written confirmation from each of the utility companies which use that area stating that they have no objections to the City vacating the alley. We do not believe this will affect any of your service lines. An Improvement Survey dated November I, 2005, is enclosed. The portion of the alley under discussion has been highlighted in yellow. I would appreciate it if you would review the survey and let me know if you have any concerns with respect to the City's vacating the portion of the alley which crosses through the Skier's Chalet Lodge. If you do not have any concerns regarding this alley, I would appreciate it if you would sign in the blank provided on the following page and return this letter to me. Thank you for your consideration. Please call me if you have any questions. Sincerely, KLEIN, COTE & EDWARDS, LLC Enclosure ~ 1- 3-06; 12;32PM; ;970 350 2883 # 2/ 2 Mr. Don Somer December 16, 2005 Page 2 WE HAVE NO OBJECTION TO THE CITY OF ASPEN VACATING THE REFERENCED PORTION OF THE ALLEY IN BLOCK 9, EAMES ADDITION, CITY OF ASPEN. Qwest B~......~ Name: -00 Ll s;,.... 01""""" Title: TZ-( (. \ I"^- co - r v- cc: Client Hills\Ski\1 Alley Vaca Itr-Qwestdoc Receive~ Time Jan. 3. 12:51PM KLEIN. COTE & EDWARDS, LLC A lTORNEYS AT LAW HERBERT S. KLEIN LANCE R. COTE, PC. JOSEPH E. EDWARDS, 1lI, PC EBEN P. CLARK MADHU B. KRISHNAMURTI hsk@kcelaw.net Irc@kcelaw.net jee@kcelaw.net epc@kcelaw.net mbk@kcelaw.net 201 NORTH MILL STREET, STE. 203 ASPEN. COLORADO 81611 TELEPHONE: (970) 925.8700 FACSIMILE: (970) 925.3977 * also admitted in California December 16, 2005 Mr. Michael Johnson Com cast 20 I AABC Aspen, CO 81611 Re: Alley, Lots 5, 6, 7, 8, 9 & 10, Block 9, Eames Addition - Aspen, Colorado Dear Mr. Johnson: We represent the contract purchaser of the Skier's Chalet Lodge in Aspen, Colorado. The City of Aspen is the owner ofthe above-reference alley which bisects the Lodge building (which has been in this location for approximately 40 years). The City has indicated to me that they would be willing to vacate that portion of the alley that is on the Lodge property. Prior to making a final decision, the City has requested written confirmation from each of the utility companies which use that area stating that they have no objections to the City vacating the alley. We do not believe this will affect any of your service lines. An Improvement Survey dated November I, 2005, is enclosed. The portion of the alley under discussion has been highlighted in yellow. I would appreciate it if you would review the survey and let me know if you have any concerns with respect to the City's vacating the portion of the alley which crosses through the Skier's Chalet Lodge. If you do not have any concerns regarding this alley, I would appreciate it if you would sign in the blank provided on the following page and return this letter to me. Thank you for your consideration. Please call me if you have any questions. Sincerely, KLEIN, COTE & EDWARDS, LLC ~- Jose E. Edwards III Enclosure Mr. Michael Johnson December 16,2005 Page 2 WE HAVE NO OBJECTION TO THE CITY OF ASPEN VACATING THE REFERENCED PORTION OF THE ALLEY IN BLOCK 9, EAMES ADDITION, CITY OF ASPEN. Comcast By:~J ~ ~- - Name: AJ 11.M&( .J()J4,o1,s.."" Title: C'm1\J~~.tAA.t;1"rOL! S'.""~II..sCI- cc: Client Hills\Ski\lAlley Vaca Itr-Comcast.doc ...__N...____~..__..~~......._.__~..__..____"_._...._..._._._._.~.~__" I KLEIN, COTE & EDWARDS, LLC I A ITORNEYS AT LAW HERBERT S, KLEIN LANCE R. cort, pc. JOSEPH E. EDWARDS, lll, PC EBEN P. CLARK MADHU B. KRISHNAMURTI hsk@kcelaw~net lrc@kcelaw.net jee@kcelaw.net epc@kcelaw.net mbk@kcelaw.net 201 NORlH MilL STREET, STE. 203 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 FACSIMILE: (970) 925-3977 .alsoadmittedinCalifomia December 16,2005 Tom Bracewell Aspen Consolidated Sanitation District 565 N. Mill Street Aspen, Colorado 81611 Re: Alley, Lots 5, 6, 7, 8, 9 & 10, Block 9, Eames Addition - Aspen, Colorado Dear Tom: We represent the contract purchaser of the Skier's Chalet Lodge in Aspen, Colorado. The City of Aspen is the owner of the above-reference alley which bisects the Lodge building (which has been in this location for approximately 40 years). The City has indicated to me that they would be willing to vacate that portion of the alley that is on the Lodge property. Prior to making a final decision, the City has requested written confirmation from each of the utility companies which use that area stating that they have no objections to the City vacating the alley. We do not believe this will affect any of your service lines. An Improvement Survey dated November 1,2005, is enclosed. The portion of the alley under discussion has been highlighted in yellow. I would appreciate it if you would review the survey and let me know if you have any concerns with respect to the City's vacating the portion of the alley which crosses through the Skier's Chalet Lodge. If you do not have any concerns regarding this alley, I would appreciate it if you would sign in the blank provided on the following page and return this letter to me. Thank you for your consideration. Please call me if you have any questions. Sincerely, KLEIN, COTE & EDWARDS, LLC ~ ( Enclosure Tom Bracewell December 16,2005 Page 2 WE HAVE NO OBJECTION TO THE CITY OF ASPEN V ACA TING THE REFERENCED PORTION OF THE ALLEY IN BLOCK 9, EAMES ADDITION, CITY OF ASPEN. k", S-l-\c>y.,4 t 1+ "7/-\L-\6tll2V 0/1 5tJfJ<:6 e={(/61/()H;ZIN~ J;tf?((ovfi,tt1.c'T dUAV'2</ :::;;;;;;:;';"'0< ZJ>OZI 'N" ~ -er~""Dll! Name: TH1Mvfs it 6t:Jtc..~"'t...- Title: :)U..(fJ! l;v"l'ip])~~ cc: Client Hills\Ski\lAlley Vaca Itr.BraceweJl.doc KLEIN. COTE & EDWARDS, LLC ATIORNEYSATLAW HERBERT S, KLEIN LANCE R. COTE, PC. JOSEPH E. EDWARDS, III, PC EBEN P. CLARK MADHU B. KRlSHNAMURTI hsk@kcelaw.net lrc@kcelaw.net jee@kcelaw.net epc@kcelaw,net mbk@kcelaw.net 201 NORTH MILL SlREET, STE. 203 ASPEN, COLORADO 8[611 TELEPHONE: (970) 925-8700 FACSIMILE: (970) 925-3977 * also admilled in Califomia December 16,2005 Mr. Jeff Nelson Kinder Morgan 0096 CR 160 Glenwood Springs, CO 81601 Re: Alley, Lots 5, 6, 7, 8, 9 & 10, Block 9, Eames Addition - Aspen, Colorado Dear Mr. Nelson: We represent the contract purchaser of the Skier's Chalet Lodge in Aspen, Colorado. The City of Aspen is the owner ofthe above-reference alley which bisects the Lodge building (which has been in this location for approximately 40 years). The City has indicated to me that they would be willing to vacate that portion of the alley that is on the Lodge property. Prior to making a final decision, the City has requested written confirmation from each of the utility companies which use that area stating that they have no objections to the City vacating the alley. We do not believe this will affect any of your service lines. An Improvement Survey dated November I, 2005, is enclosed. The portion of the alley under discussion has been highlighted in yellow. I would appreciate it if you would review the survey and let me know if you have any concerns with respect to the City's vacating the portion of the alley which crosses through the Skier's Chalet Lodge. If you do not have any concerns regarding this alley, I would appreciate it if you would sign in the blank provided on the following page and return this letter to me. Thank you for your consideration. Please call me if you have any questions. Sincerely, KLEIN, COTE & EDWARDS, LLC By: E. Edwards III Enclosure Mr. Jeff Nelson December 16,2005 Page 2 WE HAVE NO OBJECTION TO THE CITY OF ASPEN VACATING THE REFERENCED PORTION OF THE ALLEY IN BLOCK 9, EAMES ADDITION, CITY OF ASPEN. Kinder Morgan By ~~4 Name: ( Title: , ~t:-h.. /77. _~r ~n4~r /1'}djU^ J,/Uc!...... 0M,..,~d? ~c.J~ cc: Client Hills\Ski\lAlley Vaca Itr-Kinder Morgan.doc