The URL can be used to link to this page

Home My WebLink Aboutordinance.council.045-07 tot~t1 l'D I-z;z{o-q.--- ORDINANCE NO. 45 (Series of2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT WHEREAS, in light of the on-going demolition of buildings, structures or objects that may have historical significance for the City of Aspen, the City Council adopted an Emergency Ordinance, Ordinance #30, Series of2007, on July 10, 2007. The Ordinance amended Title 26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H" Historic Overlay District and established a new process for the identification and protection of potential historic resources, The Ordinance was adopted to address the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability and attractiveness as a destination; and WHEREAS, City Council subsequently directed the Community Development De- partment to prepare further amendments to the historic preservation ordinance, including limit- ing the protection of potential historic resources to a list of properties which are at least 30 years old and which, in staffs opinion are associated with architectural styles and historical trends which represent Aspen's first one hundred years of history, most particularly Aspen's development since World War II. Said list is attached to this Ordinance as "Exhibit A;" and WHEREAS, the Community Development Director recommends approval of the pro- posed additions and amendments to Section 26.415. of the Municipal Code, as described herein; and, WHEREAS, the amendments to the Land Use Code are delineated as follows: . Text being removed is bold and strikethrough. Tel(t Being removed looks like thilr. . Text being added is bold and underline. Text being added looks like this, . Text which is not highlighted is not affected; and WHEREAS, the Planning and Zoning Commission held a public hearing to con- sider the proposed amendments to the above noted Chapter and Section on October 2, 2007, took and considered public testimony and the recommendation of the Community Devel- opment Director and recommended, by a x-x vote, City Council adopt the proposed amendments to the land use code by amending the text ofthe above note Chapters and Sec- tions of the Land Use Code, as described herein. Ordinance #_, Series 2007 Page 1 of14 WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby amends 26,415.030, Designation of Historic Properties, which section describes the process and crite- ria through which the city designates properties of historical, architectural, archaeological, en- gineering and cultural importance, to add and delete the following: 26.415.030 Designation of historic properties. The designation of properties to an official list, that is known as the Aspen Inventory of His- toric Landmark Sites and Structures which is maintained by the City of Aspen, is intended to provide a systematic public process to determine what buildings, areas and features ofthe his- toric built environment are of value to the community, Designation provides a means of de- ciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures. '& Aspen Inventory of Historic Landmarks Sites and Structures has been established by City Council to formally recognize those districts, buildings, structures, sites and objects located in Aspen that have special significance to the United States, Colorado or Aspen history, architec- ture, archaeology, engineering or culture. The location of properties listed on the Inventory shall be indicated on maps on file in the Community Development Department. B, Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure, or object or a collection of build- ings, sites, structures or objects must have a demonstrated quality of significance. The signifi- cance of properties shall be evaluated according to the following criteria, When designating a historic district, the majority of the contributing resources in the district must meet the criteria described below: 1. A property or district is deemed significant for its antiquity, in that it is: a, In whole or in part more than one hundred (100) years old, and b. It possesses an appropriate degree of integrity oflocation, setting, design, mate- rials, workmanship and association, given its age; or Ordinance #_, Series 2007 Page 2 of14 2. -A property or district is deemed significant as a representation of Aspen's 20th century history, was constructed in whole or in part more than thirty (30) years prior to the year in which the application for designation is being made, pos- sesses sufficient integrity oflocation, setting, design, materials, workmanship, and association; and is related to one or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history; or b. People whose specific contribution to local, state, regional or na- tional history is deemed important and the specific contribution is iden- tified and documented; or, c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. A property that was constructed less than thirty (30) years prior to the year in which the application for designation is being made may be considered under subsec- tion 2, above, if the application has been filed by the owner ofthe property at the time of designation or, when designating a historic district, the majority ofthe contributing resources in the district meet the thirty (30) year age criterion described above, 4. The construction date of a property shall be established by the date of issuance of the earliest building permit for the subject structure found in the records of the City of Aspen Community Development Department, or bona fide records submitted bv the Property Owner. Ifthere are no building permit records available, the building shall be assumed to be, in whole or in part, at least thirty (30) years old. 5, The Historic Preservation Commission shall adopt, maintain, and make available to the public guidelines, score sheets, and other devices used by the Commission to apply the criteria set forth in this Chapter to properties potentially eligible for inclusion on the Inventory. C. Application, The property owner( s), the Community Development Director, the Historic Preservation Commission (HPC) or the City Council may file an application for designation of a building, district, site, structure, or object on the Aspen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property or collection of properties shall include the following: 1. The applicable information required in section 26.304,030(B)(I),(2),(3) and (4), 2. Site or historic district boundary map. Ordinance #_, Series 2007 Page 3 of 14 3, Property or district description including narrative text, photographs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character-defining features that distinguish the entity which should be preserved. 6. If the property owner does not consent to the application for desil!nation, the owner mav choose to provide anv evidence of economic hardship, to be reviewed as part ofthe desil!nation hearinl! before City Council accordinl! to Section 26.415.030.0.6. D, Review, public hearings and notice. 1. The Community Development Department shall maintain a database indi eating the eonstruetion date of all struetures within the City of }.spen. The eon struetion date ofa property shall be established by the date ofi~suanee of the ear Iiest building permit for the subjeet strueture found in the reeords of the City of Aspen Community Development Department. If there are nolluilding permit re eords available, the strueture shall be assumed to be, in whole or in part, at least thirty (311) years old. This datallase shall be available for publie inspeetion during normal business hours and on the Community De'ielopment Department's web site. *1, An application for designation on the Aspen Inventory of Historic Landmark Sites and Structures shall be transmitted to the Community Development Director to determine ifthe application is complete, For applications filed with sufficient informa- tion, a report will be prepared by City staff for transmittal to the HPC with the relevant information on the proposed historic property or district with a recommendation to ap- prove or disapprove and the reasons for the recommendation. :J.2. A date for a public hearing on a complete application shall be scheduled before the HPC. Notice of the hearing shall be provided according to the provisions of section 26.304.060(E)(3)(a)(b)( c) except when the Community Development Director, HPC or City Council is the applicant. When the Community Development Director, HPC or City Council is the applicant, notice of the hearing. a copv ofthe complete Land Use Application, and the staff memo shall be mailed to the owner ofthe subiect prop- erty and notice shall be mailed to the property owner(s) within three hundred (300) feet of the property and posted on the subject property for at least thirty (30) days prior to the hearing. Notice to the property owner shall be by registered mail. In the event that there is no evidence that the property owner received actual notice, the HPC may specify that additional measures be taken, 4.3. The HPC shall evaluate the application to determine ifproperty or district meets the criteria for designation. At the public hearing the property owner, parties of inter- Ordinance # _, Series 2007 Page 4 of14 est, and citizens shall have an opportunity to provide information about the property or district's eligibility for designation. The HPC may recommend approval, disapproval or continuance of the application to request additional information necessary to make a decision to approve or deny. If the owner ofthe subject property has not consented to the application, a recommendation to approve desil!nation must be supported bv a vote of a majority, plus one. of the rel!ular members of the board present and votinl! at the meetinl!. Anv less than a majority plus one in favor shall be considered a recommendation of denial. HPC's DeW recommendation shall be forwarded to City Council. M. Upon receipt ofthe decision, report, and recommendations of the HPC, the City Council shall schedule a hearing on the application in accordance with the notice re- quirements for adopting an ordinance. Council shall evaluate the application to deter- mine ifthe property or district meets the criteria for designation. At the public hearing the property owner, parties of interest and citizens shall have an opportunity to provide information about the property or district's eligibility for designation. The Council may approve, disapprove, or continue the application to request additional information necessary to make a decision to approve or deny. 6.5. If an application is denied, the Community Development Director, HPC or City Council may not file a reapplication for designation of the same Historic Resource, property, or district on the Aspen Inventory of Historic Landmark, Sites and Structures for five (5) years from the date of the City Council disapproval, or until such time that Exhibit A to Ordinance # ,Series 0(2007 is revised, whichever comes later. 6. It is the policy of the City of Aspen to respect private property ril!hts. The city recol!nizes. therefore, that there mav be some circumstances in which the op- eration of this chapter. in particular historic desil!nation, could create an undue economic hardship. This provision is created to provide property owners with a means of demonstratinl! that such a hardship may exist, and that the property should not be desil!nated V because of that hardship. It is the intent ofthis provi- sion to insure that no private property is taken without just compensation. The City will establish a Hearinl! Officer to review evidence provided bv a prop- erty owner with rel!ard to economic hardship. The standard of review for deter- mination of economic hardship will be whether desil!nation would result in a vio- lation ofthe prohibitions ofthe U.S. and Colorado Constitutions al!ainsttakinl! of private propertv for public use without just compensation as those prohibitions are interpreted bv the courts of Colorado and the United States. In applvinl! the standards the economic benefits of financial. developmental, and technical assis- tance from the City and the utilization of any federal and state rehabilitation tax credit prOl!rams may be considered. City Conncil will be provided with and will consider the analvsis of the Hearinl! Officer. and a joint report prepared bv the Historic Preservation Officer and the City Attornev settinl! forth the city's re- sponse to the evidence provided bv the property owner. Ordinance #_, Series 2007 Page 5 of 14 Section 2: Pursuant to Section 26.31 0 ofthe Municipal Code, the City Council hereby amends Section 26.415,035, Designation of Historic Properties, which section describes the process and cri- teria for the Identification of Potential Historic Resources to add and delete the following: 26.415.035. Identification of Potential Historic Resources For those properties listed on "Exhibit A" of Ordinance # . Series of2007,Na no altera- tions (other than interior remodeling, paint color selection, exterior repainting or replastering similar to the existing finish or routine maintenance such as caulking, replacement of fasten- ers, repair of window glazing or other such minimally intrusive or reversible work), no land use applications and no building permit applications shall be undertaken or accepted by the Community Development Department until there has been a determination in accordance with this section that the subject property should not considered for inclusion on the Aspen Inven- tory of Historic Landmark Site and Structures, Alterations, land use applications, and building permit applications which exclusively impact the interior of a building shall be exempt from this Section. The purpose ofthis determination is to prevent the loss of buildings, sites, struc- tures or objects, or collections of buildings, sites, structures or objects that may have historical, architectural, archaeological, engineering and cultural importance and to limit the detrimental effect of development or demolition on the character of the town, Preserving and protecting historic resources promotes the public welfare by making Aspen a more attractive and desir- able place in which to live and work. No properties shall be added to those identified on "Exhibit A" for a period often (10) years from the date of adoption oHhis Ordinance. however anv property owner mav volunteer for historic desi!!nation review. If anv prop- erty on "Exhibit A" is reviewed as described below and denied landmark desi!!nation. it shall be removed from the list. If the primary structure(s) on anv property on "Exhibit A" are destroved bv an act of God or are otherwise declared unsafe by the Chief Build- in!! Official. the property shall be removed from the list. A. Procedure: Before any alteration, land use application or building permit application affecting a IlHillling whieh is in whole or in part, thirty (30) years or mare alII a property identified on "Ex- hibit A" may be accepted by the Community Development Department, the Community De- velopment Director shall review the affected property and make a preliminary determination as to whether the property should be considered for inclusion on the Inventory. If a building is of unknown age, it shall be assumed that the building is over thirty (30) years old for the pur- pose of this Section. The determination by the Community Development Director shall be based on the criteria stated in Section 26.415.030.B.~ and must be concluded within thirty (30) days after a complete written request is received from the property owner. The written request shall include the property address, the owner's name, address and telephone number, a site plan or survey, photographs of all buildings on the property and their dates of construc- tion. A property owner may make a written request to initiate this process at any time, even if no development is proposed. Ordinance #_, Series 2007 Page 6 of 14 1. If, usinl! the desil!nation criteria of Section 26.415.030.B. the Community Development Director determines that there is no probable eaose evidence to believe that the property should be considered for inclusion on the Inventory, or the Commu- nity Development Director fails to make a determination within thirty (30) days of the submission of a complete application for such a determination, the Community Devel- opment Director shall issue a written verification that the alteration, land use applica- tion or building permit application may proceed without furtherreview under this Sec- tion. The Historic Preservation Commission and City Council shall be provided with a copy of the Community Development Director's determination, along with photo- graph(s) of the property and shall have 7 days to initiate designation according to the procedures of Section 26.415.030, Designation of historic properties. Ifneither HPC, nor City Council take such action, the Community Development Director's written verification shall be effective for a period of fi':e ($) years ten (0) years after the date of issuance, and the Community Development Director, HPC or City Council may not file a reapplication for designation of the same property or district on the As- pen Inventory of Historic Landmark, Sites and Structures during that period, 2. If, usinl! the desil!nation criteria of Section 26.415.030.B. the Community De- velopment Director determines there is probable eaose evidence to believe that the property should be considered for inclusion on the Inventory, then: a,) There shall continue to be a prohibition on any alteration, land use application or building permit application affecting the subject property for a period of one hundred and eighty (180) days beginning on the date that the Community Development Direc- tor makes such a written determination or until the matter oflandmark desil!nation is decided bv City Council. whichever is sooner. The property owner may appeal the Community Development Director's determination to the City Council pursuant to Section 26.316, Appeals, The one hundred and eighty (180) day prohibition on the ac- tivities described above will be extended for a time period equal to that required to conclude the appeal process. b.) The Community Development Director shall initiate an application for designation pursuant to Section 26.415.030, Designation of historic properties. All contents of the application will be sent to the property owner by registered mail at least thirty (30) days before a public hearing takes place at the Historic Preservation Commission. If an appeal of the Community Development Director's determination is granted, the designation application will be withdrawn. 3. Any owner who takes action to alter or demolish a property, including purpose- ful removal, change or damage to any exterior materials, features, portions of a build- ing, or structural members of a building before the Identification of Potential Historic Resources is complete as described in this Section shall be subject to the penalties es- tablished in Section 26,415,140, Penalties. The Community Development Department must demonstrate to City Council, using date stamped photographs, that the exterior of the building has been altered after the adoption date of this ordinance in order to apply penalties. Ordinance #_, Series 2007 Page 7 of 14 Section 3. Effect on Existinl!: Applications. This Ordinance shall not affect any active Land Use Application, existing development order, existing "Determination of No Historic Significance" certificate, or building permit, as such term is used in the Land Use Code. Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal discussions with Community Development staff or review Boards shall not constitute a complete application or any other official status. Applications submitted after the effective date of this ordinance shall comply with the terms ofthis ordinance and of the Land Use Code, as amended. /\ Deleted: .section 4. Severabilitv.mmnmmnn If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. Existinl!: Litil!:ation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 6: A public hearing on the ordinance was held on the 22nd day of October 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of October 2007. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk Ordinance #_, Series 2007 Page 8 of 14 EXHIBIT A ORDINANCE #_, SERIES OF 2007 720 S. Aspen St, Holland House: Parcel Id: 273513119001. Legal Description: EAMES ADDITION SUBDIVISION, BLOCK 9, LOT 1 & LOT 2 DESC: & 13, & 14. 809 S. Aspen St, Shadow Mountain: Parcel Id: 273513124014; 273513124010; 273513124008; 273513124022; 273513124017; 273513124016; 273513124015; 273513124007; 273513124013; 273513124005; 273513124003; 273513124002; 273513124001; 273513124012; 273513124006; 273513124009; 273513124019; 273513124021; 273513124020; 273513124004; 273513124011, Legal Description: ALL UNITS, SHADOW MOUNTAIN VILLAGE CONDOMINIUMS, 114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. LegalDescription: BLOCK 65, 114 EAST BLEEKER CONDOMINIUMS. 118 E. Bleeker St: Parcel Id: 273512437012; 273512437011. LegalDescription: BLOCK 65, HOGUET CONDOMINIUMS. 970 Cemetery Ln: Parcel Id: 273512208006. Legal Description: SNOWBUNNY SUBDIVISION, BLOCK 1, LOT 3. 408 E. Cooper Ave: Aspen Sports ParcelId: 2737-182-16-009, Legal Description: BLOCK 89, LOT PART OF L&M. 617 E. Cooper Ave, Aspen Square: Parcel Id: 273718243001; 273718243022; 273718243018; 273718243025; 273718243023; 273718243101; 273718243003; 273718243049; 273718243006; 273718243051; 273718243034; 273718243012; 273718243008; 273718243102; 273718243047; 273718243085; 273718243039; 273718243104; 273718243033; 273718243041; 273718243063; 273718243054; 273718243508; 273718243053; 273718243105, Legal Description: BLOCK 101, ALL UNITS, ASPEN SQUARE CONDOMINIUMS, 832 E. Cooper St, Viking Lodge: Parcel Id: 2737-182-28-007, Legal Description: BLOCKI11, LOT R & S. 1001 E. Cooper Ave, Villager Townhouses: Parcel Id: 273718234012; 273718234010; 273718233504; 273718234008; 273718234007; 273718234005; 273718234009; 273718234006; 273718233801, Legal Description: BLOCK 37, ALL UNITS, VILLAGER TOWNHOUSE CONDOMINIUMS. 1101 E. Cooper Ave, Hildur Anderson: Parcel Id: 273718139801, Legal Description: ANDERSON SUBDIVISION, LOT 1. Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls 1411 Crystal Lake Rd: Parcel Id: 273718243004, LegalDescription: RIVERSIDE PLACER U.S.M,S, #3905 AM. SECT,TWN,RNG:18-10-84 DESC: TRACT OF LAND IN NE4 OF SEC 18-10-84 & BEING PART OF THE RIVERSIDE PLACER USMS 3905 AMDESCAS FOLLOWS BEG AT APT WH COR 9 OF SAID RIVERSIDE PLACER BEARS S 00 02'E 242.39 FT TH N 00 02'W 150 FT TH N 89 58'E 150 FT TH S 00 02'E 150 FT TH S 89 58'W 150 FT TO THE PT OF BEG SAID TRACT CONT 0,517 AC BK 244 PG 944 BK 268 PGS Ordinance #_, Series 2007 Page 9 of 14 26-27 BK 293 PG 960 & WNTY DEED IN BK 495 PG 409 BK 511 PG 233 FROM BENEDICT A TRACT OF LAND BK 625 PG 156 PLUS THE SOUTHERN MOST PARCEL OF LAND IN THE GORDON/CALLAHAN RESUBDIVISION. 1422-1441 Crystal Lake Rd., Aspen Club Condos: Parcel Id: 273718131001 THROUGH 273718131020; 273718131800; 273718131801, Legal Description: ALL UNITS, ASPEN CLUB CONDOMINIUMS. 333 E. Durant Ave., Mountain Chalet: Parcel Id: 273718245002, Legal Description: BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION. 555 E. Durant St, North of Nell: Parcel Id: 273718249002 THROUGH 273718249058; 273718249060; 273718249061; 273718249062, Legal Description: ALL UNITS, NORTH OF NELL CONDOMINIUMS. 100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description: BLOCK 63, LOT A - LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF BLK 63 PART OF FRANCIS ST PART OF CENTER ST & PART OF THENW4 OF THE SW4 OF SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85 SAID PARCELS DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST & 24.00 FT EL Y OF THE W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH N 33 DEG 03'19"E 42.21 FTTHN7 DEG19'05"E 112.35 FT TH S 70 DEG 18'15"E 286,57 FT TH S 6DEG 18'51"W 103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG 25'21"E 52.10 FT TH S 23 DEG 21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS ST EXTENDED ELY TH N 75 DEG 09'11 "W 288,99 FT TO THE NW COR OF BLK 64 TH N 31 DEG 00'50"W 107.29 FT TO THE POB. 210 W. Francis Ave: Parcel Id: 273512417005, Legal Description: BLOCK 48, LOT P & Q, 621 W. Francis St: Parcel Id: 2735142426011; 2735142426012, Legal Description: BLOCK 22, REEDS HOUSE CONDOMINIUM. 624 W. Francis St: Parcel Id: 273512409012, Legal Description: BLOCK 21, STARRl CONDOMINIUMS, UNIT B. 626 W. Francis St: Parcel Id: 273512409011, Legal Description: BLOCK 21, STARRI CONDOMINIUMS, UNIT A. 631 S. Galena StJ 630 S. Galena/ 710 S. Galena StJ 711 S. Galena StJ 710 S. Mill St/ 1039 Waters Ave., Alpenblick: Parcel Id: 273718279001 THROUGH 273718279019; 273718279801, Legal Description: ALL UNITS, ALPENBLICK CONDOMINIUMS. 215 S. Garmisch St., Yellow Brick: Parcel Id: 273512436850, Legal Description: BLOCK57, LOT A - LOT S, PLUS VACATED ALLEY. 233 Gilbert St ., Skier Chalet Lodge: Parcel Id: 273513119002, Legal Description: BLOCK 9, LOTS 5 - LOT 10 AND LOTS 4 & 11 LESS THE W 22' EAMES ADDITION SUBDIVISION. 700 W. Gillespie St., Aspen Center for Physics: Parcel Id: 273512129803, Legal Descrip- tion: LOT 3, ASPEN MEADOWS SUBDIVISION, 110 E. Hallam St., Red Brick: Parcel Id: 273707313801, Legal Description: BLOCK 71, LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S AND A STRIP OF LAND. 327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A- C. 928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PARTK, L & M SECT,TWN,RNG:12-1O-85, TRACT OF LAND IN SW4 (ALSO SOMETIMES Ordinance #_, Series 2007 Page 10 of 14 KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 & TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT. 122 W. Hopkins Ave: Parcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M & N. 129 E. Hopkins Ave: Parcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G-I. 211 W. Hopkins Ave: Parcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F & G. 608 W. Hopkins Ave, Madsen Chalet: Parcel Id: 273512448005, Legal Description: BLOCK 25, LOTS Q, R & S. 700 W. Hopkins Ave: Parcel Id: 273512446015; 273512446018; 273512446012; 273512446011: 273512446021: 273512446020; 273512446022; 273512446014; 273512446013 ; 273512446017; 273512446016; 273512446019; 273512446025; 273512446024; 273512546802; 273512446023, Legal Description: BLOCK 19, ALL UNITS, 700 WEST HOPKINS CONDOMINIUMS. 720 W. Hopkins Ave., Skandia Townhomes: Parcel Id: 273512446007; 273512446009; 273512446010;273512446008;273512446006;273707334006;273512446801, Legal De- scription: BLOCK 19, ALL UNITS, SKANDIA TOWNHOUSES CONDOMINIUMS, 100 E. Hyman Ave., Chalet Lisl: Parcel Id: 273512458005, Legal Description: BLOCK 68, LOTS K-M. 300 W. Hyman Ave., Kitzbuhl Lodge: Parcel Id: 273512464007, Legal Description: BLOCK 46, LOT R & S. 322 W. Hyman Ave: Parcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N & 0, 334 W. Hyman Ave., St. Moritz: Parcel Id: 273512464004, Legal Description: ST MORITZ LODGE MINOR PUD SUBDIVISION. 514 E. Hyman Ave., Mason and Morse: Parcel Id: 273718213002, Legal Description: BLOCK 94, LOT N. 606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K & L. 610 E. Hyman Ave: Parcel Id: 273718212004, Legal Description: BLOCK 99, LOT M. 630 E. Hyman Ave., Patio Building: Parcel Id: 273718212007, Legal Description: BLOCK 99, LOTS R & S. 720 E. Hyman Ave., Aspen Athletic Club: Parcel Id: 273718211008 THROUGH 273718211019; 273718211021 THROUGH 27371821 1031, LegalDescription: BLOCK 104, ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS. 301 Lake Ave., Parcel Id: 273512416003, Legal Description: HALLAM ADDITION SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 - LOT 7. 120 E. Main St., Design Workshop: Parcel Id: 273512438002, Legal Description: EL Y 20 FT OF LOT M, ALL OF LOTS N & 0 BLOCK 66 & SLY 10 FT OF VACATED ALLEY ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION. 200 W. Main St., Tyrolean Lodge: Parcel Id: 273512440010, Legal Description: BLOCK 51, LOTS R & S. 220 E. Main St., Cortina Lodge: Parcel Id: 273707320707, Legal Description: BLOCK 73, LOTS P&Q, 420 E. Main St: ParcelId: 273707322801; 273707322014; 273707322015, LegalDescription: BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS. Ordinance #_, Series 2007 Page 11 of 14 435 East Main St., Gas StationlIocal's corner: Parcel Id: 273707330005, Legal Description: BLOCK 87, LOTS E - I. 520 W. Main St., Ullr Lodge: Parcel Id: 273512498001 THROUGH 273512498027; 273512498801, Legal Description: BLOCK 30, ALL UNITS, ULLR COMMONS CONDOMINIUMS. 630 W. Main St., Mountain Rescue: Parcel Id: 273512444805, Legal Description: BLOCK 24, LOT M. 730 W. Main St., Hickory House: Parcel Id: 273512445004, Legal Description: BLOCK 18, LOTS M-P. 834 W. Main SUI07 N. Seventh St., Bavarian Housing: Parcel Id: 273512380014 THROUGH 273512380021, Legal Description: ALL UNITS, BAVARIAN INN CONDOMINIUMS. 24 McSkimming Rd: Parcel Id: 273718100054, Legal Description: BLOCK 19, LOT 6 & 7 RNERSIDE ADDN & A TRACT OF LAND IN SE4 OF NE4 OF SEC 18-10-84 BEING A PART OF HIGHLAND PLACER USMS NO 6120 & THE RIVERSIDE PLACER USMS NO 3905 DESC AS FOLLOWS BEG AT A PT ON LINE 2-3 OF SAID HIGHLAND PLACER WH COR2 OF SAID PLACER BEARS S 125'W 886.26FTTHN 47 50'W 19.88 FT TO THE E R-O-W LINE OF A RD TH NELY ALONG SAID R-O-W FT MIL TH S 60 05'E 122,04 FT TO LINE 2-3 OF THE HIGHLAND PLACER TH S I DEG 25'W TO THE PT OF BEG TOGETHER WITH IMPS THEREON BK 231 PG 84. 232 McSkimming Rd: Parcel Id: 273718103007, Legal Description: BLOCK 2, LOT2, ASPEN GROVE SUBDIVISION, 592 McSkimming Rd: 273718102003, Legal Description: BLOCK 3, LOT 4, ASPEN GROVE SUBDNISION 745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK I, LOT 3, SNOBBLE SUBDIVISION. 765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE SUBDIVISION. 119 S. Mill St., Wells Fargo Bank: Parcel Id: 273707329009, Legal Description: BLOCK 80, LOTS P - S. 307 S. Mill St., 0-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN COMMERCIAL CONDOMINIUM, UNIT:B. 536 W. North St., Christ Episcopal Church: Parcel Id: 273512111808, Legal Description: BLOCK 99, LOTS 11 - 15 HALLAM ADDITION, 403 Park Ave: Parcel Id: 273707404010 THROUGH 273707404019, Legal Description: ALL UNITS, MARTHINSSON-NOSTDAHL CONDOMINIUMS. 404 Park Ave: Parcel Id: 273707404705, Legal Description: LOT 3, SUNNY PARK SUBDNISION, 411 Pearl Ct: ParcelId: 273512110002, Legal Description: BLOCK 101, LOTS 7 & 8 & A STRIP OF LAND SITUATED INBLK 101 HALLAMS ADDITION BEING ONE HALF OF THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8 HALLAM ADDITION. 434 Pearl Ct: Parcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF LOT 2 AND LOT 3, HALLAM ADDITION. 119 Red Mountain Rd: Parcel Id: 273707213002, Legal Description: LOT 2, ODEN SPLIT SUBDNISION, Ordinance #_, Series 2007 Page 12 of 14 246 Roaring Fork Dr: Parcel Id: 273718120017, Legal Description: LOT 23, EASTWOOD SUBDIVISION, 258 Roaring Fork Dr: Parcel Id: 273718120016, Legal Description: LOT26, EASTWOOD SUBDIVISION. 850 Roaring Fork Rd: Parcel Id: 273512126001, Legal Description: LOT 1, MERRIAM SUBDIVISION. 54 Shady Ln: Parcel Id: 273707200026, Legal Description: SECT,TWN,RNG:7-10-84, TRACT OF LAND BEG AT A PT ON THE EL Y R-O- W OF THE D&RGW RR (ASPEN BRANCH) WH THE W 4 COR OF SAID SEC 7 BEARS W 602.4FT TH E 214.6 FT TO THE WLY R-O-W LINE OF RED MOUNTAIN RD TH ALONG THE ARC OF A CURVE TO THE RIGHT THE CHORD OF WHICH BEARS N 12 DEG 56'E 215.5FT TO THE CENTER OFHUNTER CREEK TH S ALONG THE CENTER OF HUNTER CREEK ALONG THE ARC OF A CURVE THE CHORD OF WHICH BEARS S 68 DEG 02'04""W 296.19 FT TO THE EL Y LINE OF SAID RR R-O- W TH S 08 DEG 57'E 90.6 FT ALONG THE EL Y LINE OF SAID RR R-O-W TO THE PT OF BEG LESS A TRACT CONT 0.0924 AC MIL DEEDED TO PITKIN CO FOR RDWY DRAINAGE EASEMENT BK 554 PGS 159-161 &185 SUBJECT TO US PATENTRESERV ATIONS BK35 PG 116R-0-W GRANTED BY BK 29 PG 582. 69 Shady Ln: Parcel Id: 273707300012, Legal Description: BEG AT POST STANDING ABOUT 30 FT S OF THE S BK OF HUNTER CREEK & 50 FT W FROM THE CENTER OF THE D&RGW RR TRACK SAID POST BEING AT THE NW COR OF PARCEL OF GROUND DEEDED TO SAID D&RGW RR CO BY THE HALLAM LAND CO TH SLY PARALLEL WITH THE D&RGW RR 266 FT TO THE N BK OF THE ROARING FORK RIVER TH FOLLOWING THE N & ET BK OF THE ROARING FORK RIVER WITH COURSES WL Y & NL Y 78 FT TO S BK OF HUNTER CREEK AT ITS JUNCTION WITH ROARING FORK RIVER TH N. 89 44'E 220 FT TO THE PLACE OF BEG TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO SITUATE LYING & BEING IN SEC 7-10-84 BK 311 PG 307 BK 512 PG 253. 28 Smuggler Grove: Parcel Id: 273718123002, Legal Description: LOT 2, JUKATI SUBDIVISION. 500 West Smuggler St: Parcel Id: 273512404006, Legal Description: LOTS Q, R &S, BLOCK 26. 949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A- L 1208 Snowbunny Ln: Parcel Id: 273512218800; 273512218002, Legal Description: CEDARWOOD CONDOMINIUMS, UNIT I. 1210 Snowbunny Ln: Parcel Id: 273512218001, Legal Description: CEDARWOOD CONDOMINIUMS, UNIT 2. 300 S. Spring St., Hannah Dustin: Parcel Id: 273718227800; 273718227101, Legal Descrip- tion: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN CONDOMINIUMS. 900 Stage Rd., Part of Bar X Ranch: Parcel Id: 273502300006, Legal Description: LEGAL DESCRIPTION TO BE DETERMINED, 219 S. Third St: Parcel Id: 273512465005, Legal Description: BLOCK 39, LOTS 0 - S, 407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S, 615 N. Third St: Parcel Id: 273512110001, Legal Description: BLOCK 101, LOTS 9 & 10. Ordinance #_, Series 2007 Page 13 of 14 1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr Ho- sier, Restaurant, Sculpture and Gardens: Parcel Id: 273512129008, Legal Description: ASPEN MEADOWS, LOT 1A. 1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id: 273512129809, Legal Description: ASPEN MEADOWS, LOT I B. 700 Ute Ave., Aspen Alps: Parcel Id: 273718255001 thru -011; 273718255013 thru -017; 273718272001 thru 016; 273718239001 thru -006; 273718239061; 273718239014; 273718271001 thru-009;273718207001thru-009;273718256002;273718295001thru-008; 273718262001 thru-008;273718269001 thru-013; 273718272999; 273718244001 thru-OO 8, Legal Description: ALL UNITS, ASPEN ALPS CONDOMINIUMS, ASPEN ALPS WEST CONDOMINIUMS, ASPEN ALPS NORTH, AJAX, MOSES LOT SPLIT, ASPEN ALPS SOUTH. 1280 Ute Ave., Benedict Building: Parcel Id: 273718156001 thru -003; 273718156005 thru- 020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131; 273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL UNITS, POWDERHOUSE CONDOMINIUMS, 1005 Waters Ave: Parcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C, EAST ASPEN ADDITION. 1102 Waters Ave: Parcel Id: 273718266001, Legal Description: LOT 14, CALDERWOOD SUBDIVISION. 610 S. West End St., Gant: Parcel Id: 273718267001 thru -015; 273718267017 thru -029; 273718267036thru-046; 273718267048 thru-050; 273718267053thru-0 56;273718267058 thru -067; 273718267069 thru -070; 273718267072 thru -078; 273718267080 thru -097; 273718267100 thru -107; 273718267109 thru -111; 273718267113 thru -143, LegalDescrip- tion: ALL UNITS, GANT CONDOMINIUMS. 95 Westview Dr: Parcel Id: 273718121004, Legal Description: BLOCK 1, LOT 7, KNOLLWOOD SUBDIVISION. Ordinance # _, Series 2007 Page 14 of 14