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HomeMy WebLinkAboutcoa.lu.su.Gignoux Lynch.1977 ')~ / / Recorded at 10:59 A.M. Reception No. I"""; 1 c1"1 q (j..:;:2- Oct. 4, 1977 Jfu1ie Bane, Recorder 1"""\ 13001I336 ~GE 03 GIGNOUX-LYNCH SUBIDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, entered into and made this ~ Cday of , 1977, by and between NATALIE GIGNOUX, here- inafter referred to as "Owner", PATRICK LYNCH, hereinafter referred to as "Subdivider" and The City of Aspen, Colorado, a Municipal Corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Subdivider and Owner desire to subdivide a tract of land within Pitkin County, Colorado, consisting of property set forth on the attached Exhibit "A", City of Aspen, County of Pitkin, State of Colorado. WHEREAS, Subdivider and Owner have submitted to City for approval, execution, and recording a subdivision plat of the above ~escribed property, such Subdivision to be known and designated as "Gignoux-Lynch Subdivision", and WHEREAS, the City has fully considered such subdivision plat, the proposed development and the improvement of the subject property shown thereon, and is willing to approve, execute, and accept said plat for recordation upon the agreement of Subdivider and Owner to the matters hereinafter described, which matters are deemed necessary to protect, promote, and enhance the public welfare; and WHEREAS, Subdivider,.owner and the City wish to reduce said agreement to writing, NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Subdivider and Owner covenant and agree to and with the City that they will affirmatively consent to and join in the forma- tion of any special improvement district, encompassing all or any part of Gignoux-Lynch Subdivision, that may hereafter be proposed or formed for the construction of streets, alleys and drainage improve- ments or buried electrical improvements. Subdivider hereby waives and further covenants and agrees to waive any right of protest against the formation of any such district. ';- ~ ~. 800K 336 PACE 04 2. OWner and Subdivider, for themselves, their successors in interest, grantees and assigns, covenant and agree that in the event the City undertakes street improvements (including paving, curb and gutter, and sidewalks) without the formation of a special assessment district when such street improvements include improve- ments in the right of way abutting said property, they will pay the actual cost of any such improvements abutting the boundary of said property, such payment to be made to the City within ninety (90) days after completion of the improvements and on receipt of written notice and demand for such payment. 3. Except for landscaping, the improvements shown in Exhibit "A" to the Subdivision Plat shall be completed as a condition for the issuance of a Certificate of Occupancy, and the landscaping shall be completed by September 1, 1978. To insure satisfactory completion of the landscaping as set forth in Exhibit A to the Subdivision Plat, the Subdivider shall place in escrow with the City of Aspen the sum of $ 3.575.00 , or, in the alternative, provide the City with a letter from the First National Bank of Aspen guaranteeing payment in the amount of $ 3.575.00 upon demand by the City if Subdivider fails to complete the landscaping as required herein. 4. Subdivider agrees to pay a Park Dedication fee for Lot 1 ~ of said subdivision to the City in accordance with the provisions of Sec. 20-18 (a) (1) of the Aspen Municipal Code. 5. Upon execution of this Agreement by all parties hereto, City agrees to approve and execute the final plat of the Gignoux- Lynch Subdivision and accept the same for recording in the real property records of Pitkin County, Colorado, upon payment of recording fees and costs to City by su~divider. 6. The covenants and agreements of the Subdivider and Owner herein shall be deemed covenants that run with the land, shall burden the land included within the Gignoux-Lynch Subdivision, and shall bind and be specifically enforceable against all subsequent owners thereof, including Subdivider and OWner, their grantees, and successors in interest and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. .- "..- ~ .. I"""> ~ Bllux336 Il&E 05 OWNER: ~,(} 11-~ J NATALIE GIGNOUX rl' I~ ,h~ / CITY OF ASPEN: City Clerk . \2, ,,,- I.;" ,-" 'OFeOLORADO ) "'," ) 55. OF PITKIN ) ~b~ The foregoing Agreement was acknowledged before me this day of Sepf~ , 1977 by PATRICK LYNCH. ,~ <";~:'j~;~ -")"~ STATE OF COLORADO ) ) ) i.;.';'."'" . '. ,:.., , ,;,,, H ~i- Witness my hand and Off&' c' al seal. <.),.,,<;~~D10d .' { , I_~~ ~ ,1 / (?>"':::."'> My commission expires ''..Pl(~-_'" ;:;"3.19<;"/,.;/ ,""'."1 n i6" ~~,~i,~i;,,;. ",',/"~/..~) -;/ ""':"';',';":' '\ .." J' -., \ ;,<< ..;'1,.",.' ';" ~;, ,:;',,:,', 55. COUNTY OF PITKIN i.' ,;{ilJ :';':;;-'-'" ';~.; \ 1 ; ; j '~i"i:''- i , . , 1977 by NATALIE.G:r~~'#c,~t!I/, :'<,: (~\ .,......,~',:":';:"',,>i;(;-~" /i,., ' Witness my hand and official seal.Y?''J\-\[l~/)d,';; My comm;ss1'on ' f~A I /.) tJ,$: :~:'...' "~o;-(7.&;;':' .,.<i . exp~res.(/ ....."U. 7; 1'777>0 ",', to,)"')"':;,.',?:"".":';"':' Vh~,m)J~;.i!!fj~f4~[i N t P bl......'...,.',. .."..\.;..,;."....... o ary u ~C.}A :"'"'''' '" :', ", .", The foregoing Agreement day of ~) was acknowledged befoJ.te/l'\l~';:this " ,~,." STATE OF COLORADO ) ) 55. COUNTY OF PITKIN ) , "'--"'.. " ;'~, .'........;; , , l:.2..: was acknowledged before"~~";'iti'!~~:{" ...' ,,\' ,~,~t~'j'.1:'~~l b- ~,"~~ ", STANDL~y:.:.Ii':i9,~_%i;i!\, ~. ~~~~...."" '\\ t; 1~~f;z;1it.;; :: and KATHRYN HAUTER, City Clerk, personally knowntoC'me ,) .C:i.;;:;''$:'" :.:: : ';';:... .~ ~ ',<,~t-~~>~{;~" .. ,:,<;'~:)t~' f My d'rrimi~ib!~ 11\ .zJ:e's: 1/17/71 "_: ""::":::'?::,,"-:',, '<? ...':'i'ft ,--:>,;.~<' 1-bzJ The foregoing Agreement day of Q~ , 1977 by STACY Witness my hand and official seal. 1"""\ ,~ BOOK336 PAGE 06 EXHIBIT A A tract of land being part of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian and being a part of Block 20, East Aspen Townsite, and being more fully described as follows: Beginning at the northeast corner of Lot 5 of said Block 20, thence S14050'49"li/ to the southeast corner of said Lot 5, thence N75Q09'll"H 150.00 feet to the southwest corner of Lot 1 of said Block 20, thence N04008'OO"E 67.55 feet, thence N19049'OO"W 130.33 feet to the south line of A 16 foot wide road, thence S57025'00"E 59.71 feet along the south line of said road, thence S67017'OO"E 85.49 feet along the south line of said road, thence south 13.37 feet, thence S56036'47"E 96.71 feet to the point of beginning, containing 23,757 sq. ft. more or less. / / / / , ,-..", "-.,,, -", Regular Meeting Aspe~.City Council September 26, 1977 ~:!!~': ('rH![~_"^01~ __I.':.nHCl: H.E.('.(1r-1~11':rJP.f.\'~'JON Ci ty Man.:Jqm" t1.dlOIl('Y toldCoull(:il he had wantedtq make the wording of the resolution so t.h.d" it wouldlllL,IH! f,(l open cnded and make a commitment for the Ci.ty. "l,'hishas 'h0(.'ndorw now. "'ohn :a:"llf\Jl'd, planning office, requc~ted:tl~at Council accept wh~t,has bcqlJ:,:,i'H1optcd jll the Ifoly Clo;,;;;"citizens 'I'ask r'orce resolution';l,"s the master pI'un for. the Holy::' 'Cross ' pr"ol'ert.y. Councilman \"lishart moved to adopt the recommend~tions contained in the Holy Cross Citizen I: 'J'ask Force resolution as amended; seconded by Cou'ncilwoman Johnston. Last time Mahoney felt that the City would be giving up the right of decisions and the task force would be assuming the responsibility of the building. Councilman IIcrsh{~y ~.;d t1 he sa.w nothing obj ectionable -in the ten points . Sta'nfordtold Council they were trying tt' get the Holy Cross building registered with the National Trust. Councilwoman Johnston asked if there would be problems on not owning the land for 20 years. City Attorney Nutt~1 said the City could still get loans on the. ,escrow even though we don't have the deed. All in favor, motion car~ied. councilman Behrendt moved to expand the fa9i~1typlanning board to include Dick Carter, Mary Helen Cattell, Barbara Conviser, Nick DeWolfe, Marty Kahn, Janet Landry, Diane Lewy, Roger Moyer, Wes Pouliot, Bob Starodoj, Carla Stroh, Missy Thorn, Laura Wheeler, Larry Yaw; seconded byCouncilrnan Hershey. Janet Landry told the Council that this is a development board only and is appointed for one year. Their job, is to make up the by-laws and procedures, for a visual arts center and bring them back to Council. All in favor, motion carried. /~ SUBDIVISION EXEIIPTION - Merson Duplex John Stanford, planning office, told Council this is a request for exemption from subdivi- sion for an existing duplex located on Snowbunny lane. The P & Z has reviewed this and given their approval with the four conditions identified in, a memorandum to Council. Brooke Peterson addressed the payment of the park dedication fee. Peterson said this is an existing subdivision and the park dedication fee in this instance is not proper at there is no increased use of City facilities being created. Councilwoman Johnston asked if the dedication fee was paid at the time this was subdivided. Peterson answered no. Council- woman Johnston pointed out the' City Code said it has to be paid. Peterson said at the time this was subdivided land was dedicated for parks for the West Aspen subdivision. City Attorney Nuttall said thatmaymake:some difference and is worth looking into. Councilman Hershey moved totable this item until the dedication is resolved; seconded by Councilwoman Johnston. All in favor, motion carried. FINAL SUBDIVISION APPROVAL - Gignoux/Lynch~ Stanford told Council this subdivision is for the creation of,two lots of property behind the Concept 600 building. There is an existing building on, one of the lots, and there is proposed to be ,a Sears building on the second lot. The P& Z gave a use determination for a Sears store in that location. Pat ,Lynch told Counciltpere is presently a very old house on the lot, and the person living in the, house .plans to try to" move the house. Stanford told Council there were a number of problems but these have been worked out ,to the satisfaction of the planning office and ,engineering depar~ent. The applicant is urging that the park dedication fee ,be paid only on th newly ,created lot. Council~an Parry asked if the project had employee housing; and if not, why is the City collecting a park: dedication fee. Stanford answered the Code required in non-resident.ial areas a 6 per gent land value fee. Councilman Behrendt ,asked what the~uarantees were that the landscaping that is proposed will actually be'done. Albie Kern told Council there is a subdivision agreement with the City. Mayor Standley asked if the alley had been vacated by the City. Kern said he'had had a title company.to a very thorough search. When Ms. Gignoux bought the property, she received a deed to one-half of the alley. The City gave a Mayor's deed. The title company found no proof of any vacation of the alley. Kern stated as far as he wasconcern~dthat is a City alley. Mayor Standley directed Mahoney to , open up that alley. Councilwoman Johnston asked the size of the lots4 Stanford answered 'lot 1 is 10,890 square feet; lot 2 is 12,863 square feet. CouncilwamanJohnston read from the Municipal Code concerning payment of the park dedication fee. Ms. Nuttall:said she did not think the City could charge for lot 1, which will ,not:be'oevelopcd. Kern'said they were granting a perpetual easement on the property for IO,feet from Pat Lynch ,to the City. Kern explained that Bleeker street is sQown as 60 feet wide all the way through. In" fact, Blecker street is not 60 feet' wider it narrows down as a result of rnanyMayor',s-decds given out to adjac';" ent landowners. The City .is taking 10 feet from Lot 1. CitY,$ngineer Ellis -told Council that every utility but Mountain Bell was prepared to under9round down the~e. Councilman Behrendtrnovedto approve the subdivision subject to escrow orpcrformance bond i to the City 1-1anBger for landscaping andcomplet.ing that planisubjccttonorma.l encroach- ~I ment provisions und agreement concerning the metal building on lot 2~, and ,subject to the ! seven points identified by Dave Ellis in 'his luemoraIldum of sePten,lber 22; and subject tothC' ! payment of the park dedication fee on lotI only ,at this time and it is not to be accepted as a waiver for the rest of the lots if they are to be further'devQlopcd; seconded by CoulIci tlJldn Ni:.-b.~lrt. All in favorfmotioncarried~ ~-'(,l:",,'l':' ."~'t.r,SUHOIVISION- Sch~ffapartments Xilypn'Srnith,l.J,ll1nincy at IOl.~ r:d:.* i'i'!'f ':'1-. 'I"thatmosl lldnl i""ll.: "11 1.,',. offir"(>, told this is conC"eFtualsubdivf~ion for ilo"cxisting building t.J::. ~:1~;1 ',11 :,howed Council a f"j1tofth(! ~<.tl.',.l'\'J!donand requested n"':,:~J 'r outs be waiv(.'d until tlH~' preljl:~ilUl.YlJ1.Jt stage. The build- " ,~ r-"'\ Lv \(, 'r" \1 ".l';; , M E M 0 RAN DUM TO: Aspen City Council FROM: Pl ann i ng Offi ce (KS) RE: Gignoux-Lynch Final Plat DATE: September 22, 1977 At a meeting held on August 30th, the Aspen Planning and Zoning Commission approved the Preliminary Plat of the Gignoux-Lynch subdivision. As you know, the subdivision will create two lots behind the Concept 600 Building in the S/C/I district, with Lot 2 containing an existing 9arage, and Lot 1 proposed to house a new Sears Catalogue store to be owned by Pat Lynch. Conditional use approval was also granted by the Planning and Zoning Commission on August 30th for the catalogue store at this location. Several problems at issue at the conceptual phase have been resolved to the satisfaction of the Planning and Engineering Departments. The subdivision has dedicated disputed portions of the alley behind Concept 600 and thereby assures adequate fire and utility access. Ownership of land on Bleeker Street has been attributed to the City who will in turn grant access to the subdivision through Bleeker frontage. FAR and parking requirements have been met: the issue of non-conforming open space on Lot 2 was resolved by a Board of Adjustment variance. Open space on Lots 1 and 2 is adequate in any event if both Lots are taken toqether. Other technical concerns expressed by the City Engineer at the preliminary phase appear to have been worked out to his satisfaction. The Planning Office therefore recommends approval of the Final Plat which represents better utilization and upgrading of the S/C/I district, with one final note: The applicant argues that because there is an existing building on one of the subdivision lots, the park dedication fee should be paid only on Lot 1 where new development is proposed. It is our understanding to the contrary that the dedication fee is normally figured on the gross area of any subdivision. lmk enc. ~ .-'. MEMO FROM: KAREN SMITH PLANNING DEPARTMENT DAVE ELLIS CITY ENGINEER ~ September 22, 1977 TO: DATE: RE: GIGNOUX-LYNCH SUBDIVISION - FINAL PLAT AND AGREEMENT REVIEW The engineering department's comments are based upon review of the revised final plat submitted September 21. The plat is complete and satisfactory except for the following few items: 1) The easement in the southeast corner of Lot 2 requested by Mountain Bell has been omitted. 2) A grant of the above easement needs to be included in the Grant of Easement language. 3) The area of the subdivision must be shown. 4) An acceptance of the pUblic easements needs to be included in the Aspen City Council Approval language. The drainage, grading and landscaping plan was submitted separately from the actual plat as Exhibit "A" and is satisfactory except for a few details: o~ Oi- I OP 1) The drainage swale along East Bleeker Street should extend the full frontage of Lots 1 & 2. 2) A sediment/oil trap should be included as part of the dryw~ll system for the parking and garage area. 3) The bulk of the extensive landscaping within the ten foot wide right-of-way easement should'<be relocated so that disturbance by future road work will be minimized. designer has indicated that these items can be corrected . The Curb, gutter and sidewalk will not be constructed at this time due to the fact that the city is still working on a final plan for Bleeker Street. The subdivision agreement does however include provision for the owner and subdivider to participate in any future street improvements. Subject to the above conditions the engineering department recommends approval of the final plat and is satisfied that all engineering concerns are included in the agreement. "I" /'! 1'"""\ ,-", PUBLIC NOTICE RE: Gignoux-Lynch Subdivision Preliminary Plat Notice is hereby given that a Public Hearing will be held on August 2, 1977, at 5:00 p.m. in the City Council Chambers, Aspen, before the Aspen Planning and Zoning Commission to consider the Preliminary Plat of the Gignoux-Lynch proposed subdivision located on Bleeker Street immediately behind the Concept 600 Building. The proposal would divide the property into two (2) subdivided lots: Lot 1 would contain a new commercial building and Lot 2 is presently developed with a one and two story building housin9 Bishops' Garage. A copy of the preliminary plat may be examined in the office of the City/County Planner, City Hall during regular business hours. Published in the ,Aspen Times Thursday, July 21, 1977. Isl Kathryn S. Hauter City Cl erk . tJ ~ ~. ,-1 r-. ,'-" TO ADJACENT PROPERTY OWNERS: Notice is hereby given that a public hearing will be held before the Aspen Planning and Zoning Commission at a meeting to be held on Tuesday, August 30, 1977, at 11:30 a.m., in the City Council Chambers to consider the Gignoux-Lynch conditional use application for a Sears Catalogue Store to be located on Bleeker Street immediately behind the Concept 600 Building. A copy of the plans may be examined in the office of the City/County Planner, City Hall, during regular business hours. i~J ^ ~\ \1'1\1'\ . ...'~ ~. ,.-", v NOTICE TO THE FOLLOWING PROPERTY OWNERS ADJACENT TO GIGNOUX-LYNCH PROPOSED SUBDIVISION: Klaus Obermeyer P.O. Box 130 Aspen, Colorado 81611 Dr. and Mrs. Robert R. Oden Mr. Fitzhugh Scott P.O. Box 660 Aspen, colorado 81611 Mr. Stanford Bealmear Route #1, P.O. Box 75 Paonia, Colorado 81428 Mrs. Elizabeth Callahan Mr. LouisJ. Zupancis 540 East Main Street Aspen, Colorado 81611 Mr. C.M. Clark P.O. Box 566 Aspen, Colorado 81611 Pitkin County c/o Mrs. Nina Johnston 506 East Main Street Aspen, Colorado 81611 Mr. Charles Granger, Pres. Condominium 600 Condominium Association c/o Granger & Associates 3641 Kimball Avenue Waterloo, Iowa 50702 Condominium 600 Condominium Association c/o Vilcor, Property Manager 555 North Mill Street Aspen, Colorado 81611 Notices to be sent at least 10 days prior to Planning and Zoning Commission meeting held on August 2, 1977. .,' ,~ /~\ M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Gignoux-Lynch - Prel,iminary Plat and Conditional Use Public Heari ng DATE: August 25, 1977 Rreliminary Plat At your August 16th meeting, you continued your public hearing on the Gignoux-Lynch Subdivision Preliminary Plat. That action was taken primarily to await results of the Thursday, August 25th Board of Adjustment hearing which was to consider the granting of a variance from the open space requirements of the S/C/I zone district. Without that variance, the Planning Office would not recommend approval of the preliminary plat as it did not meet the zone district requirements. Speci fi ca 11y, open space on Lot 2 was defi ci ent by 492 square feet. Considered together, lots 1 and 2:, however have ample open space. Pat Lynch submitted to us a revised preliminary plat just prior to the August 16th meeting. Because that plat had resolved another of the Planning Office concerns (i.e. number of parking spaces and configur- ation), we noted that we would recommend approval given a variance for open space from the Board of Adjustment. As of this writing, the Board of Adjustment has not met to consider the matter. We will report that to you at your Tuesday meeting. Dave Ellis has met with Dick Fallin to review the revised preliminary plat with respect to the concerns he previously noted by checklist included in your August 16th packet. Dave certifies that with the exception of the following his concerns had been met: 1. Change dimension of alley right-of-way 2. Provide electrical and communication easement for Lynch building. 3. Define common access easement. 4. More detail on grading, drainage, and landscaping. 5. Stake corners in the field to resolve discrepancy on Bl eeker. These additional conerns, if they have not been resolved, should be noted for resolution in the Final Plat. We also refer back to the conditions noted in the Planning Office memo of August 11 and will ask the applicant to address these at the meeting. ,0 r- .-. Memorandum Gi gnoux-Lynch Page Two Augus t 25, 1977 Conditional Use Hearing Because a catalogue sales store is a conditional use intheSjC/I district, the proposed location of the Sears catalogue store in the Gignoux-Lynch subdivision does require a conditional use hearing. That hearing has been published for your August 31st meeting so that it could be reviewed in conjunction with a preliminary plat. This commission has previously given conditional use approval to the same use located in the Vi1cor Building on Mill Street below the Trueman property. The planning office reiterated its support of the proposed catalogue store use. We believe it is a useful and unique service to locals providing a source for ordering numerous house- hold appliances and other items which are not available or easily purchased in the tourist oriented shopping atmosphere of Aspen. Furthermore, the Gignoux-Lynch site is a more appropriate one than the former Vilcor site. It is much closer to the center of employment within walking distances of the parking area on the Rio Grande and closer to the pedes train traffic which travels to the Post Office in the Concept 600 Building. The use will be operated within an enclosed structure and by its nature does not emit any noise, dust, fumes, smoke or vapor or in any way constitute a nuisance to adjoining residential properties. We recom- mend approval of the conditional use. 1mk ... P I T B: I N c o U N T Y ~ ,-, DIRECTOR OF HOUSING. 506 E. Mai~ ASPEN, COLORADO 81611 . PHONE, (303) 925-6612 MEMORANDUM DATE: August 11, 1977 TO: Planning Office ( Karen Smith) FROM: Brian Goodheim RE: The Preliminary Plat of the Gignoux-Linch Subdivision Having reviewed the preliminary plat of the Gignoux-Linch Subdivision, the Housing Office comment regarding this proposal is that the construction of 5,000 square feet of seI uses will probably result in the, creation of some jobs. The Housing Office would like to encourage the developer to provide an on-site apartment as employee housing with this development. It is felt that the provision of such an auxilIary use would not only provide employee housing but also provide additional security to the premises. It should also be noted that an existing housing unit should be destroyed in order to construct the subject proposal. The Housing Office feels that at least this unit should be replaced. BLG:kc /'7 /",/,/~ /'b'/ / /' r-\ ,..-" M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Gignoux-Lynch Preliminary Plat DATE: August 11, 1977 At your Tuesday meeting, a public hearing will be held to consider the preliminary plat application of the Gignoux-Lynch subdivision involving property behind the Concept 600 Building in the S/C/Izone district. The application proposes to divide the property into two lots: Lot 1 at 10,893 square feet to house Pat Lynch's Sears Catalogue Store and Lot 2 at 12,863 square feet on which Bishop's Garage and a motorcycle rental shop are located in two buildings. As you may recall, your approval of the conceptual presentation was conditioned on the resolution of three issues: 1. Ownership of the alley. This has since been required to be dedicated to the City in order to maintain fire and utility access and regardless of the ownership uncertainty. 2. Ownership of land fronting on Bleeker Street. This has been determined to be city property. The City will grant drive- way and access easements across that property to Bleeker Street. 3. Given the resolution of land ownership and the resulting net square footage, that FAR, open space and parking require- ments can be met. The FAR of the preliminary proposal meets zoning specifications. However, as the Planning Office initially feared, the open space and parking requirements are not met by the current proposal. Lot 2, specifically, is deficient by 3 parking spaces (which, though shown on the plat, are located in front of building access points and are therefore ineligible). Lot 2 also is short by about 492 square feet of open space. Lot 1, on the other hand, does have an excess of open space that could make up for Lot 2's deficit, but does not have an excess of parking. In early discussions with the applicant, the Planning Office recommended planned unit development as a way of better siting the requirements of the two lot subdivision. We still believePUD is a way out of the zoning non-compliance dilemma. That approach will, however, require a variance from the Board of Adjustment as the total parcel is about 3,000 square feet short of the required 27,000 square foot minimum for a PUD. Another, less preferred approach, is being pursued before the Board of Adjustment at this Thursday's meeting: requesting a variance in the open space requirement. We believe that the PUD would allow better site planning in the organization of parking and common open space. The other approach through straight subdivision leaves Lot 2 as a substandard lot until such time as it may be redeveloped. A third approach would reduce the size of the Sears or other buildings. ~. ,.-" Memorandum Page Two August 11, 1977 The Planning Office supports the concept of the application, feeling that the proposal may substantially improve the area, We also support the use itself, that is, a Sears Catalogue Store represents a diversi- fication of uses that appeals to and serves the local in an ever- expanding tourist economy. However, under the current zoning dictates, we cannot support the site plan. It neither meets minimum standards, nor offers optional land use patterns. We recommend rethinking the' site parameters through the process of planned unit development. The concerns expressed in the City Engineer's memo; attached, supports the need for additional work on this or the final plat. Should the Board of Adjustment grant a variance for open space and should you wish to approve the preliminary plat, we request that you respect the City Engineer's concerns for missing or incomplete items by making their resolution a condition of approval to be satisfied prior to final plat. We have also received notice that Mountain Bell considers the utility easement insufficient. We ask that you add this as an addi- tional condition, that is an easement satisfactory to Mountain Bell be included in a revised preliminary plat. Also, the Fire Marshal requests certification in writing that a fire lane will be kept open through the property from the alley to Bleeker. Brian Goodheim suggests an employee unit as a condition. Finally, the electirc demand is needed by Aspen Electric in order to determine if a trans- former is necessary. Any such facility and undergrounding of wires should be paid for by the applicant and this should also be a condition of any approval. Subsequent to the preparation of this memo, we learned of the Board of Adjustment's action to table the applicant's request'f.or a variance from the open space requirements. Also, since ourorigimal writing, . the parking configuration has been changed so that given a variance for open space, this project will meet the full requirements of the subdivision and we, will therefore recommend approval short of a PUD approach. We recommend that you open the hearing, take comment, close the hearing and table action pending the action of the Board of Adjustment. lmk enc. /) MEMO TO: FROM: DATE: RE: ~ I" 1"'-' KAREN SMITH PLANNING DEPARTMENT DAVE ELLIS a---- z:. CITY ENGINEER V-'--'" August 10, 1977 GIGNOUX-LYNCH SUBDIVISION - PRELIMINARY PLAT REVIEW The above plat has been reviewed by the engineering department and the checklist is attached. Most items are self-explanatory. Since the conceptual stage we have established to our satisfaction that Bleeker Street does abut the property on the north and provide legal access to the property. What was believed to be an access easement is in fact public right-of-way. Additionally, the north one-half of the alley has been omitted from the revised title commitment. This essentially resolves the earlier questions regarding ownership. Regarding access and circulation problems the engi_ neering department has established that an irregular Bleeker Street ROW does exist and varies in width from 16 to 45 feet. The 16 foot ROW begins on the easterly side of the main access to the project, The primary concern still unresolved is th.e exact align- ment and width of the future ROW from the main access westerly. We are currently developing conceptual alternatives. The best available data we have to date sug,gests that additional right-of_way will be required in the area of the main access and possibly' in the area of parking spaces 3 through 6. We anticipate that prior to final plat review we can establish a ROW plan. Considering the number of missing and incomplete items in the checklist.we definitely want a corrected pre- liminary plat submitted prior to the final plat submission. We also want to work with the surveyor to establish a mutually acceptable boundary. and then have that description monumented. At this time any preliminary approval must be very conditional. , ~' r-. ,,-... CITY OF ASPEN ENGINEERING DEPARTMENT PRELIMINARY SUBDIVISION PLAT CHECK LIST Preliminary Plat procedures and require- ments are specified in Sections 20-l~and 20-12 of the Municipal Code. Design standards are given in Section 20-17 and required subdivision improvements are given in Section 20-16. Items 1 through 10 must be completed for all subdivisions before plat can be reviewed. 1. e;lt? htrU ^ -I-YhJ.. / tJO/'/ ' Subdivider{s): Name~/ etr- ^-yhr::L Address &,.. .82.8'l, ASI~ I owner{s):-L14Lf,'.;. ~I"/HA.X Address20t; ,Md...,";... P!1r ;ed,A~~ 'rele# 9)..5'- 3683 . Designer: ~r!r/ A..\'~ /VJ&.lc. [;/1...:.. I" Address 13.-:>x. 40, As}~ Tele# 72-S"-34l!s( Licensed Surveyor: 0-' - c; , Address Zr';,..., 5/., 4-~ Existing Zoning /VI 7.Proposed Subdivision Name: 2. Tele# Q2S-3/7' 3. 4. 5. 6. Tele# "72..)- UlJ8 zoning Changes ftf 8. of Subdivision: ,/' Raw land, lots & blocks t-u/. e)C/s:.f,"':!! Multiple Family, Non-Condominiumized Condominium, Residential Condominium, Commerical Condomimium, Time Sharing b&<,leI;Hfs Type Building Coverage -/qbetk,4/ :ZJq"-. Other Ground Coverage does J add y Open Space for Dedication ~ 9. Site Acreage Tabulation: Other Open Space TOTAL ACREAGE ;<.~ '7a.'j sf' 10. OTHER STRUCTURES ( specify) I ;?J>C~e./ 4- ~q'lf!>s><rt7::t'''l+sr~b I pm./) q>31s.f (; 340/Osf"f:n,+~j LOTS UNITS " Number Z /<9 S91/~{' I~> [i?iJ,'>,sf:. ) . ",..,. Typical size Type &/or # of bedrooms ;:SCI ,,,.;-" ~. Preliminary Subdivision Plat Check List ~ Approved M Missing D Disapproved NS not sufficient informantion, incomplete NA not applicable V Scale: 1"=><100' or larger engineering scale //"" VBar type or graphical scale VTrue north designation /Sheet size 24" x 36" ~~ Index sheet y". Vicini ty map inset / Date of preparation ~)Boundary description ~BOUndary ties to government land survey monuments ~ ocation & dimensions of existing streets & al17y'J, ,; ~""' 1f()1.,) 4t~,,,.,.r CJ><. Alky'# S'f"""J' S;-f,) S~ iJ~ $"'"" ~ C;~ hi, yr Location & dimensions of existing easements ~ Location & dimensions of existing streams, canals, or ditches @),ocation & size of existing utilities e(~,,~ IeY~J ~"";eef t1~ ~ k&k 1V' P>>>'I7"-d, ~Location & ~imensions of proposed streets, alleys ,A ~ and easements t..;'/I need e.k..:" 'I ~_;n, .ea~) ctk:c ~~ ~ /.I/,;i:.e whlc.L e.aJe~, ~ocation & dimensions of propos6d lots & blocks . d,~S"/UY's /11~1'kA- _ Viocation and size of proposed utilities: f~ e?I~ -~ k ~I:-/ <{ ~~A tLle'jh~ water gas telephone cable television ~Location of drainage improvements, i.e. bridges, culvertst catch ba~ins, ~t9rIDr~eWers,~et~~t~n ponds . &nA''''-~''''f!<'.W-<o(:~~~..,..e ~Location & nature 0' any stream, channel,or ditch improvements vi' Existing contours (@ 2'intervals if less than 10% slope) ~DeSignation of all areas of 30% slope or greater ~Designation of all natural hazard areas, i.e.snowslides, avalanche, mudslide, etc. sewer electric AlA Designation of IOO-year flood plain. .~ ocation, size, & type of existing vegetation including ~""' trees 6" or more in diameter. See Section 20-12(i) / Location and nature of significant man-made or natural fea turc~) ,r-. i-"'" . - Preliminary Subdivision Plat Check List ~proposed contours ( @ 2', intervals if less than 10% slope) Limits of proposed grading &/or excavation Trees to be removed Principal proposed landscape features ~~ V Location of proposed fi-j' H,I-9" structures ~' Designation of areas or structures reserved for common use ~Designation of areas or structures dedicated for public . f...5L- use - tftdcli ~(j?GVJ .,." 6/e,ek..,. S'~ y' Names and mailing address of adjacent property owners Written commitments for service utilities: /11- ~/$ 6n~ water from public and private gas telephone sewer electric cable television AlA Sketch plan of all adjacent holdings See Section 20-12(q) AM Special studies as required (specify) See Section 20-l2(K) Additional information required (specify) See Section 20-12(1) COMMENT~:0k( a~>, 6t!,,,,,'r/~16/1? -ft;v~ "- f1~ ~k_"i ~ lI€-n.{..~ ~ f.. t....~ do...J.r.... . ~ po r!c:;~ ,"",5' s~ is /f.Q{ ~rktk, S(Qce-f' ~ /f;" '1-/7 ,. . a.rt.. ~:f' d~Wr>.y.r ~ eXIf'~"'1 h';'ld,~.s.. . 3~;IteeJ cf<<-nhC-a~ ""'" ilcf'-elesIH;."" eaS"e~ >f eLf ~I e4 ,:>{ ~. G.ao b/.U1J,~, 4)~~ ~ Ol< ~~h{ Engineering DeparbnentPreliminary Plat Check: Date .6'/9 h 7 / / By A-e F..fIJl .. "1 (\.(: ~ ~ ,~ , -::. ,- ,1"""\. @ ~, Mountain Bell Grand Junction, Colorado August 2, 1977 Aspen Planning and Zoning Commission 130 South Galena Aspen, Colorado 81611 Re: Gignoux-Lynch Subdivision Dear Sirs: We have reviewed the plat of the "Gignoux-Lynch Subdivision" and have found the utility easements to be inadequate. Mountain Bell will require an Utility Easement Ten (10) feet in width being Five (5) feet on each side of a centerline described as follows: Beginning at a point which bears North 75009'11" West 37.33 feet from the Southwesterlx corner of the property shown on the plat; thence North 14050'49' East a distance of 145.41 feet to a point on the Northern boundary of said property. Also, an Utility Easement Ten (10) feet in width being Five (5) feet on each side of a centerline described as follows: Beginning at a point which bears North 75009'11" West 140.0 feet from the Southwesterly corner of the property shown on the plat; thence North 14050'49" East a distance of 100.0 feet to a point on the Northeasterly corner of said property; said easements 'are shown on the attached plat. All easements should be dedicated to the Public Utilities Companies and designated as such on the final plat. We appreciate the opportunity of being able to review this plat. Very truly yours, .J. c. I<!~ /Db J. C. Kilmer, SR/WA Right of Way Agent P.O. Box 2688 Grand Junction, Colorado 81501 JCK: sb cc: Natalie Gignoux Patrick Lynch Richard A. Fallin Benedict Associates, Inc. // - -~..-~~---~~~----~..:.-_- .-1/...... ...t., -'~...... .~:~-" ,-., ,-., M EM 0 R A N.D U M , TO: City Engineering Department City Water Department City Parks Department Firej1arshal ~ Electric Department Rocky Mountain Natural Gas Mountain Bell Aspen Sanitation District FROM: Planning Office~. Karen Smith "..--~' RE: Preliminary Plat of the Gignoux-Lynch Subdivision DATE: July 22, 1977 Attached is the preliminary plat submission for the Gignoux-Lynch Subdivision. The submission involves approximately one-half acre in the S/C/I Zone district to the rear of the concept 600 Building. It is proposed to create 2 lots, keeping the existing garage on one lot and creating a new buildi ng to house the Lynch I s Sears catalogue Store. We have tentatively scheduled the public hearing for Tuesday, August 16th, before the Aspen Planning and Zoning Commission and would appreciate your comments prior to August 11th. ~ ----r;L.e.-, 9 ~ ,n:;o ~ z;-~ ~ . /" ~ ~ ~ ~ L4 ~ d'r-' ,St> ~ /2-U~ 7= ~ ~ :~~f~~~.1 ~ ~ ~, - . . , ; r-, .-,. TO: FROM: RE: DATE: M E M 0 R A N.D U M City Engineering Department ...GitY Wa ter Department City Parks Department Fire Marshal City Electric Department Rocky Mountain Natural Gas Mountai n Be 11 Aspen Sanitation District /- ../ Planning Office, Karen Smith Preliminary Plat of the Gignoux-Lynch Subdivision July 22, 1977 Attached is the prel iminary p1 at submi ss i on' for the Gi gnoux-Lynch Subdivision. The submission involves approximately one-half acre in the SIC/! Zone district to the rear of the <;OTlCept 600 Building. It is proposed to create 2 lots, keeping theexistina aaraae on one lot and creating a new building to house the ~ynch's Sears cata10 ue Store. We have tentatively scheduled the public hearing for Tuesday, August 16th, before the Aspen Planning and Zoning Commission and would appreciate your comments prior to August 11th. lmk enc. ~~~.I ;Va J- -. -1-" "".---. --....-- . .~ /1)/0 -, ~ ~ . . o,tr ,~ ^ M E M 0 R A N.D U M TO: City Engineering Department City Water Department City Parks Department Fire Marshal City Electric Department Rocky Mountain Natural Gas Mounta in Be 11 '~ Sanitation District FROM: Planning Office~,karenSmith //~' RE: Preliminary Plat of the Gign6ux~Lynch Subdivision DATE: July 22. 1977 Attached is the preliminary plat submissiorr for the Gignoux-Lynch Subdivision. The submission involves approximately one-half acre in the SICII Zone district to the rear of the concept 600 Building. It is proposed to create 2 lots, keeping the existing garage on one lot and creating a new building to house the Lynch's Sears catalogue Store. We have tentatively scheduled the public hearing for Tuesday, August 16th. before the Aspen Planning and Zoning Commission and would appreciate your comments prior to August 11th. lmk enc. fr r.e-H Arr~ /,1 e. r r I) -5 U-......,' I- ~ ~ U'J~ a I,} e-u- ~ 1-..w~ . - )--~~ M EM 0 R A N.D U M TO: City Engineering Department City Water Department City Parks Department Fire Marshal Ci tvl ectri c Department ~ky Mountain Natural Gas Mountain Bell Aspen Sanitation District FROM: Planning Office, Karen Smith // RE: Preliminary Plat of the Gignoux-Lynch Subdivision OATE: July 22, 1977 Attached is the preliminary pl at submi ss ion' for the Gignoux-Lynch Subdivision. The submission involves approximately one-half acre in the S/C/I Zone district to the rear of the concept 600 Building. ' It is proposed to create 2 lots, keeping the existing garage on one lot and creating a new building to house the Lynch's Sears catalogue Store. We have tentatively scheduled the public hearing for Tuesday, August 16th, before the Aspen Planning and Zoning Commission and would appreci ate your comments pri or to August 11 th. VJorAn~q lmk enc. . tu/. '~ . . ",....". ^ PUBLIC NOTICE RE: Gignoux-Lynch Subdivision Prel iminary Plat Notice is hereby given that a Public Hearing will be held on August 2, 1977, at 5:00 p.m. in the City Council Chambers, Aspen, before the Aspen Planning and Zoning Commission to consider the Preliminary Plat of the Gignoux-Lynch proposed subdivision located on Bleeker Street immediately behind the Concept 600 Building. The proposal would divide the property into two (2) subdivided lots: Lot 1 would contain a new commercial building and Lot 2 is presently developed with a one and two story building housing Bishops' Garage. A copy of the preliminary plat may be examined in the office of the City/County Planner, City Hall during regular business hours. Publ ished in the.Aspen Times Thursday, July 21, 1977. /sl Kathryn S. Hauter City Clerk ~~ ~d,.-!. ,......4l'\ Y:'~~ " .V'~t .r"" )~ ~. 0 \It~. ~t ~/ r". r-., "'-~ ,,-,,~,"----"" ( July 19, 1977 Mr. Dave Ellis City Engineer City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Gignowc - Lynch Subdivisio~ Dear Dave: I am enclosing herewith the endorsement to the title commit- ment from Stewart Title Company on the Natalie Gignowc property. Please note that the endorsement excepts the alley from the title commitment and I am informed by Ed Phillips that the title company would be able to issue a title commitment, at the request of the City, showing Bleeker Street to be contiguous and adjacent to the northerly line of ,the Gignowc property. . .. . If '.. you have any questions or require any further informa- tion, please contact me. Yours very truly, , ALBERT' KERN AK/pa . Enclosure ce. Mr. Pat Lyneh ,-" ,~ ..--- .--,." ENDORSEMENT NO. 2 ENDORSEMENT to be attached to and forming part of: ORDER NUMBER: 7030 COMMITMENT NUMBER: CC 44865 Schedule A, paragraph 4 is hereby amended to read: A tract of land, being part of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, being also a part of'B1ock 20, East Aspen Additional Townsite, said tract being described as follows: Beginning at the Northeast corner of Lot 5 of said Block 20; thence South 14050'49" West along the East line of said lot and the extension thereof 110.30 feet to the centerline,of the alley in said block; thence North 75009'11" West along said centerline, approximately 150 feet to the intersection with the Southerly prolongation of the Westerly line of Lot 1 in said Block 20; thence North 14050'49" East 10.30 feet to the Southwest corner of said Lot 1; thence North 04008' East 67.55 feet; thence North 19049' West 130.33 feet to the South right of way line of the road on the North side of said Block 20, being the Northerly line of Land described in deed to Elizabeth Borstner Callahan, recorded August 23, 1961 in Book 195 at page 79; thence South 57025' East 59.71 feet and South 67017' East 85.49 feet along said Northerly line; thence South 13.37 feet along the Easterly line of said land, to the North line of land described in deed to Elizabeth Borstner' Callahan, recorded January 4, 1960 in Book 189 at page 453; thence South 56036'47" East along said North line 96.71 feet to the point of beginning, EXCEPTING THEREFROM, all that'protion lying within said alley, County of Pitkin, State of Co1oraod. In all other respects, said commitment remains unchanged. STEWART TITLE OF ASPEN, INC. , A (J~^ :~ 7/18/77 Gignoux/Lynch Part of Block 20 EAST ASPEN ADDITIONAL TOWNSITE ,~ ,~, ~\.<' Vit'>, (/' , M E M 0 RAN DUM TO: Aspen City Council FROM: Planning Office (HC) RE: Gi9nOUX - Conceptual Subdivision DATE: June 23, 1977 This is a request by Natalie Gignoux to divide property in the S/C/I district into two lots: Lot 1 would equal 13,773 square feet and Lot 2 would equal 11,471 square feet. Lot 2 is presently developed with a one story and a two story building housing Bishop's Garage. The pro- perty is located immediately behind the Concept 600 Building on Bleeker Street. On Lot 1, the applicant proposes to build a new commercial building to house a Sears Catalogue Store removing an existing residential structure. Three questions remain and their resolution will bear on the ultimate feasibility of this project. The issues are as follows: 1. FAR Calculation: It is not yet clear whether existing buildings on Lot 2 will be able to meet FAR, parking and open space requirements for the S/C/I District. Eighteen parking spaces and continuous open space equivalent to 25% of the lot area fronting on the street must be accom- modated on the lot. 2. Ownership of Alley: The conceptual application shows ownership of the alley between Gignoux and Concept 600 to be with Natalie. The title commitment shows no vali- dation of this alley by the City. It is probable that the City owns the alley. If not, dedication of the alley to the City would be required. In either case, land areas in the alley cannot be used for density calculation. 3. Ownership of the land triangle fronting on Bleeker Street: It is still uncertain who owns this piece of land, although the title company believes it probably belongs to the City. If the title company will insure the title, and if the City Engineer agrees, the City would obtain right-of-way for Bleeker and grant the necessary access to Lots 1 and 2. The Planning and Zoning has recommended that excess land in this triangle be sold by the City to Natalie Gignoux. The Planning Office, Planning and Zoning Commission and the City Engineer recommend approving the Conceptual Subdivision contingent on the above-referenced issues being resolved prior to or through the pre- liminary plat review. Approval of the Conceputal Subdivision will allow the applicant to pursue the questions of ownership and proceed with detailed site planning. We also recommend conditioning any approval on the applicant's granting the existing tenant rights to reside in the residence on Lot 1 until a building permit is taken out for that lot. lmk ,e,<,. " ,."". ... ,/~ ,~ ,-- -., MEMO TO: Hal Clark Planning Department Dave Ellis Ci ty Engineer ~ DATE: June 20, 1977 FROM: RE: Gignoux Subdivision - Conceptual Review The primary engineering concernson this project can be 'grouped into two categories - questions of ownership and problems of access and circulation. Of a more minor nature are two problems with the title commitment. The first is that the commitment must include the entire tract to be sUbdivided, not just the portion to be acquired by Lynch. Albie Kern has indicated he sees no problem in correcting this. The second prit,blem i,s a small variation between the survey and commitment for the southwesterly line of the property. ~ Ownership As indicated in the title commitment there is no evidence of record that the north one-half of the alley in Block 20, East Aspen Addition was ever vacated as shown on the conceptual drawings and survey. Assuming that a portion of the alley were in private ownership, dedication of sufficient land to create a full alley would be required to provide adequate access for service and emergency vehicles. The second area of contested ownership would be that _ portion of East Bleeker Street, as improved and driven, which lies within the surveyed boundary. This area is claimed as prescriptive right-of-way and may be within an existing access easement. The easement will be dis- cussed with access and .cirulation problems. This and the previous ownership problem affect the net area available for development. The third question of ownership regards the wedge of land between the Gignoux property and Bleeker Street as improved. Albie Kern has indicated the title company cannot locate any evidence of ownership for the parcel, and there- fore, it may be owned by the city. It will be necessary to establish who ~ctually owns the parcel since the main access for the project passes through the parcel from Bleeker Street Access and Circulation The project shows access from East Bleeker Street, however, the exact status and width of East Bleeker Street is un- certain at this time. There is little doubt that at least a presaciptive right-of-way exists although this issue has never been decided by a court of law. Information at this time indicates that considerably mor~,right-of-way may exist from the project access point east to Spring Street. Were only the prescriptive right-of-way available a minimal two-way street without parking could be provided. The greater problem is how the bottleneck on Bleeker Street at the west end of the project can be improved and how the circulation pattern should interface with the Rio Grande and adjoining properties. At the constriction the pavement is only 13 feet wide and generally lies within a 16 foot public access easement. The 16 foot easement connects Bleeker Street to Galena Street, but was closed by-the county's landscaping. ., ""::-~- "'" r-\ ......... . ,~ MEMO -,Hal Clark Gignoux Subdivision Page 2 of 2 Access and Circulation (Con't) \~ -i;~Y ,'~ '-",,,- ;; However the easement has never been vacated by the city. The location of the easement on the ground appears to be in question and it could affect the boundaries of the Rio Grande and/or the Gignoux property. The Gignoux Subdivision will probably be impacted by the ultimate circulation plan in terms of additional right-of-way requirements. The present development as well as existing and planned developments will benefit from some type of looped circulation pattern around the Obermeyer and Scott/aden buildings. Although developing an overall plan for the Rio Grande property and circulation is obviously not the respon- sibility of the applicant, the project may be impacted in tenus of timing since a final approval of the Gignoux Subdivision would be premature without a reasonably well conceived plan for the city's property. Conclusion In conclusion it is the opinion of the engineering department that the project should proceed through conceptual approval to allow both the applicant and the city staff to give more detailed consideration ,to the above problems. Before final approval will be possible considerable input will be required from the Planning and Zoning Commission, City Council and staff to establish an overall plan for the area. . ~..,,", .1"""\ ,~ ALBERT KERN ATTORNEY AND COUNSELOR AT LAW P. O. BOX 389 430 E. HYMAN STREET ASPEN, COLORADO 8161 I TELEPHONE (303) 925-7411 May 17, 1977 Mr. Harold Clark City of Aspen P. O. Box V Aspen, Colorado 81611 Re: Lynch - Gignoux Subdivision Dear Hal: As you requested yesterday, I am enclosing herewith. a copy of an agreement between James R, Trueman & ASilociates, Inc. and The City of Aspen Planning and Zoning Comm~ilsion recorded in Book 282 at Page 62 of the records of P~tkin County, Colorado which requires conveyance of a,n 8 l' pedeiltria,n easement west of the Concept 600 Building. This easement may very well be pert~nent to the question of pedestrian access to the property presently under cons~dera,tion by the Planning and Zoning Commission. Yours very truly, AK/jk Enclosure cc: Pat Lynch I.i ,-.." .~ ...,.'.0.. _,_,...'., , ~ j j I I J J , 1 ."_.....",,,.,;,.,.....,";''O;...~-...-....,.4""_,~,._. .;..;.., i i - i ~:.' .. . . .. f "0' I I , , " I I " ! ,.' r I " i " -::'.,1. 1'-"" . , . - "..& .'.' '. ;~' .,~ '. """ , -=r .~'\ I' ~...:, ~ ":':" ~~,.. ~~ ~ ~ L ! , f [ ! i l j !,. '/-'<..'" ":1(,1 'j"/ \\;.'~t: <, ",~w"'" ..~..."'~~ ,'~~_, ~corded .e 1154 o'~lo~k P.M. n$C~ 6~ l013 ~eept1oQ No.~, 164070 ._pc$$Y ..'B~: ,r4~1e'h;) .f>Ji:I;~l"t' :;z;; 0',:." I " I', '! 1/ ~i t .,' ,,' <, .., , \.' ~ I "f:- ,:,," , ,DecembeJ: 'V',!- City of As'pen P. O. Box .V. Aspen. Colorado 81611 .',~;J. ';"..:.:;i:t'-- .:....;;-1:". '~! :1 The following emp10yees of the City of Aspen havo r.."a , " and approved the Agreement between the City of Aspen Planning ',7" , and Zoning Conunission and James R. Trueman, AssociateBt' Inc..;~' , !,..U,'<:,'; by which Agreement an exemption under Section 20-10 of the' ",':f; Aspen Municipa1 Code from th.. SUbdivision requlations of the " ,,' ,J;'," City of Aspen has been granted in relation to Concept 600 Con,: ,',' ,,' dominium, Aspan, Colorado. provided that certain conditions:' ,"/',:,;(.~~,,:! as, delineated in the aforementioned Agreement' are actod upon;,"': <' by James R. Trueman' Associates, Inc. in the manner therein" "" ~\':, &qreed. "'." ".:,:,:.,.,':)"~,..,<,,"~-":~','~;~:-ir~ ,:.,',.':' ,'" :;\',', .", ':':":{",; ei' <:;::<~~':"~'gS'\'~''''',,,-l,;, . ~;-7.j/'" ,", ,',. '" ...... "".'\"'r';"~ ,/:.,- ;/)1" ",{." .-, "'.''"', ;"_~"/~:'~~':;':":~-;""'~'~::'" ( "'lll1,d. St 11 ',<,L?:fj:~" . ,', ",.-'1""" T". U er "\'>>"~:""""/('.:. .,?".:.,';:;-~~;~},~\,>Z-::">'-!' , Attorney fOJ: th~City of Aspen ';-::",' ' ,;>,"/;: y;;~:]\~; /P.n..-J ~ "',. '.,.. ;:;: Donna Baer ,'.; ..:~, .: ::: ;\i'~~~,~0.i~i.~#,~;t\~,;;:,::.-:,,~:' - f'" . ~'", Administrative Assistant ,J" .~~ /", '.::." Planning and Zoning Department ",' "" C" for the City of Aspen :' " " ',', ," :",,, "" \ ~~. M,,~.M>4 -::r....l:is S. Adams", . cluiirman of the Planpil19 and" ,.'.\ ,Zoning Commission for the . City of Aspen, ,:, ,(';' :;:,,: h ); ;:'~?'}/,;'r~~;::,","'~,;~~,.:-:~"" :::'.:':-;" -"1'-"" ,,' ",;''''." ;;.<"..., ';',' ",'( '/',- ',.. :<:,~:;::r'i~::'" - 'J' ,', - ,,' ~ ::j " , -;'f ,.j,,;,.. ;:"'.'" ."'-'.V'..,, ''','' ," \'~ ":'~:;', "':"'. ',<'.,,"'~',..~ " . ,'" "~:"""",:'"f,,,t',) '-"> ,,~,_,;,:, . :':'ii)' ,',,;',; ': i:'::{';::,'" C,': '\,. - -', "'", 'x' ",,' ,'~.. "'-" " .",,~t ':. "', ":', ~' " ,.,;}"",,;', :,::/:", '::,,::;::::.'~.',, ~,> :~~:;~'~~<',L y. . ,.;.<\: .' y' .\':; " " .':~, ~-,!~ :/':. ",~,', , \~ "-"""''''"'''''"'~'''''';'- I , ".'I~- . ,~ f: ,'" \(~.~,,:: i':': :;. ~ '.:'''1 ,- ,rr:'''- '. ;':~,~"'::." ',:" </:;, ,. \'''-' "< "'..'" '. "!~: :'1'," ':"--".',:' ");,' '~: -,:,~":' /,~\":,, ~:"' J. -"I" "', ":,' ::, ~i~-:5,;f!, ,"\-<~:":'),;,,:.;,:; -". <'~. , " I, .i>~'_~,( :;" ". ~I,,~:.,~.t-,;,,- "'1"',"" ,'", ..__".',i;." ~.~~;\~:S2+;-::-;.f,~;>'~::,:, , ,'-:; {:r~:-'~,':: .,~" :.,' '--""""~J'-"'" " "":,'.'",.", ':-,::',i_':::, , " '. I t - ...~) 1""'\ ~ ;;''''-;'"~;''-''''''''''~~'''''~<'"'''''''''~:'''''~ I 1 " 'c. ~ _, ,". H' ,.;. . ,~, %:J::',: ': ' :~' :;;-:; ,~ 'l, ~ .";".;" ',"':. ", .;,,' ,.. :~':' (. :"::-:,:.y~;i"\>i-.~':'::'" . '-,"" ,.,' ",\".' , ~" ,',' .'r'" ., \ .;. ':~ 'i, ".:;.',,' -.,', '"- " , : . ,,: ~ . ;' ':!;:::.:::i't;".:~:\ :L282 :'.... t~ \,," "',"::r~';":.;'~~:~;:~';{{,;,~ ' ''''''" QIi. .; ;;:~:" ,4."""., ,~ ~9, ~~} .' ,~j ~:it',; ,." '5' _"O'..,,:',\, .,~,:~~.~~'\ ;"; -'01'", -\:'~\:~\:r' '-"":clay of .... '.,' ' . , .' ,\:'~:l ;' ". .,,' '..,' ~,<-~~~:,:.. , . . December, 197~, ,by '~d~~en,JAMES,R: TRUEMAN.' ASSOCIATES, INC., an Obi(icorpor~ti~~1'l:I:~~~.ed,~:'d~ b~~inea~"in Coloredo .,,::';~,; ( (ber..inaftElr 'r..ferr~' ~;aa::oW~er'J and, ''1'BB Clft OP ASPSII :PLAIl,,:':' . ~', >Ii NING AN]) ZONING;'CO~~SI~N(~;~~~ft~r ";~f.~~~d;t~:'a~ tIl.. :'Plan-";':~ "," ,,/,," ~'~~",/~ ,,~"~~/'-,:"" tr' '<~<\;:'" "~ 'if' >: '-',' :,'-',<~,';,:~,'~~::~,',7~):i' ~'j < ;,,,,...'.""" , ," 0' _ v , " ,.' "~"">,,,,"" '~>f~.: nin'1 cO"'iasiOn")~"~':;;WI:;~. Ei~.:s ~ '1'H," (' " ::" ",..: ";~~':,: ~~,,:}~,~,,~,,'~_',~~I>.-'- :'_ ': '" , ,-,,# ....".~ WHEREAS. o.n;er .ba. title to ~Wll8roua parcele 'of land 'eituat!l ":'" "--;'!' , ,"," ,::;,":....' :;."~~,....',;,/.i.'::"~...:::,...':",.-:--"-<);..,.- :'''''':, ':,;':,".,.: _."-'~:," ::_.:_-,>~-:.-;)..,:>:. ,~: J.n tile City of Aapen',' :County::of, Pitkin,:" State'of c:Oloraclo" Which:",:,' >:,,~' ';J;i:" .. ''';:',' '< "'.',.'" ,:,:,..",' :.;::!"",~(~"",>,:':'::::::::'~'.'~:'~:;"<>:' ":',:'-,','-.' ''':,~-'';,-:~<::;:;>'\:i';}-t:~,::,: ;',',~:;ii',\~,?\.~. parcel. are I1lOrepart.icularly cle.cribabl...as followa, 'c:'.,' .,"::,; .,'''' . '.' 1; . ("". '::'''':';;''<_':,'.. ""c':"., "::,.';:,::,'" ':':" :"",,1:__,':""'-:"_ "::"",, ': " )"-,' "',\:': ,';,:;, ,:-': ""y""tl Lots 'K,' "i/ M~'" N_,':O', "p',',:' ,0/ It,~,: AJ\d s,',:'aiao. known';~~b'~:~~;;'(.. . . . as Lots 10,'11,,12,,13, 14, 15,.16,',17, andU,'..:. :',: '.. B10ck 20,.)last: Aspen Additional '1'owIIeit", and . ': "" "".. ,':; , ',:- ,'~" :' " .:" '" '..,;,,~, '" ," \>,':":'-" ,;J ;, ;,,'-;-',:-:,.' "'-"\'" ,": :~~'T/::, ,"":,.' ':'~'" :';i'<:\, . " " ":t~,"':'1t'~:\1, ,WHEREAS, owner has improved 'tIl""abov..-cl..scribecl' teal ptcperty ~,.:;. ,;"i , ,-' '," ~ :': "': ' , - ,-, ':" " , ":" : : " '- , ", ' , -:,' , , ,'''- " - ,'~-',' "," ,'" ." - ~'... :... . ::: ::.::.,i<0{:i:::.zz,::;::::r: :::":;;1 unit. sbal1 b.. tJ:e~t~:~4& int~'1ral parte of the ai~'1l~ COnd~~Wll ",i:- t project ,(hereinafter 'referrecl ~o as :~conCept 600") I and , '," ;': ''<: , /",',' ':-'(';"~ ",;(:: :''':--;,:',.)/>, '~_' :",>: ,_.,,: ::- ':'-:;' c. ," '-"':_,'",,;>- ,.- :'-"'-:... WHEREAS" Concept ,,6,00 'Wall ,developed in two (2) "pb....., "tIl.. ",,:i' " , , ,.',,; :~\,... n,_ ", ~:" ':~, :"",',:~. > ''':_ ,,", e:~.. ',:; -," ," ;.. ;': :,1, .- ,;', :'; ,:,'--, : ,:';," ,C,' :: ' , ~ ,'; ,,' '., , ',::: ,,",", " :;':' ~~' .::'~~~ 'first to' contain; fifteen '(15)', resiclential: conclClRiniwo.uniu',:aftd ;.." , " .' " ':' "~',::,_,>,, <.',,/,; ';~.':, <:'::""':"",'~':" ",',,,,,':' :',','~..::" ,-,,:" "J- ':',,~, :::;.',:,0:' ::;:~.,l'-"".,,,,~,:>::,:,,,,:::" '(,: ,.-', ': .~;~ -:', ~ the second to 'contain an Ldditional ,fifteen :I1Sf:reaiclential COI'\-' .' ," ",'" '-;;':",' , :_~~ :"", i,,' ,:'\:;::,:>":,::~;,:,:~,,>:::;">,':,::-: :--:\,' ',:<.}~..,- ,<:';<:~',i::.':";'i: ,::'~ ":<:":~ '\_ .' '-, - , ':' ," ,.t~r- .clominiWll units and one "(1) cOI\'ll1lerciall, ancl.' ',; :'l, '"i:' .":' '. " ," ',;~:",' :,< }-:':'::.- "''':, ,:,:,:;,_':"': "', .-";'"1,',, :~.;/:,~ '~:,:< "<'" ",:', :',:;:,:: .'.":'e;. ~') , .')' ::,' : ':;, ';-\~ "" ":; , ,,:::,:,." " , WHEREAS ,tIl..;'conatrlictioli'""of "Pbaaei of 'Concept: 600,. W4& 'eem- . ...' ,", '"J,:~,,~':"~'i'<':::'~<':::{'>"''''':'::''<i'''':: _':"i-'\::";"",:, : ':':'::':,'-, ';, ~ :,..~'''::, , ,:,'" '_:' "',:/:,.,'''':';,'.: _' , ',' ',-, pleted and a:'CondominiWll Mllp: Ule4 fOIr: public reCord in .Book 4 at :' ';" ",.,,;.- ~", "."':-:-"-':" ~':-.. ."::..-,<,' .'~ ,'."J" ;:,:>.-,:".', '-. ,,', ,;,)'; '~'.-' ,," ,><- ' " "',:- '_ :'," '_ ,; ,....:' -', ": ",0-''-: . Pages 383-4;,'ancl'i cOnaomfni~;'D"claraii~n .tiled for',PubU';. r~d . , .' ? ",.-:': :,"_,:,:,"::',.I..,.,<:.;";.,;"'.:/,,,,~,",,,':"::,:-'...: ,':'--' ":~":,',,~': """"'-::';;:';',," '-':"'.'f:'~' "":,;'--",;:";,,,,--:.., ',;,-, ,'~''-~ m At.P~'1" 5,~5.'Of t~~ Pitk~~,,(:ounty ilecorde,;5onMaYII/u, ::~~: 1973, to ,..Vicl..nce tIl~fact'.ofoompl~tionof;1ibat l'ba..i,wlllCh;, '. :~,,".' <')': ' ,::.-',:' ,:: ','''', ": ',':::, ,~"':::' ""q ,'" "'.' ':"';", ',:": ,',' ': ,;:":' :':', ',~:'" '.'- -'.'"", ,"':''':',,, ,,", " ,_ "" "::',' , ,,: ".~ ~...- ,.... ~ ,1 act~Of. filinli w";Ga;comp~.iQ~led ~l~out of,f1~ial .Pl'xt\~~l tlr;tlto;':'.'~~; .City,bei~~ r~qUirecll.:~n'l::}" '>c';,'':,; ..,. . . , ',~');~":( 1;.. :'WUE~$/ .;;:,t'~~'~t4(ii :~<\,~;:il'::'Y*,: ':Y;<)'.gr"i <', " '", ,':1 .~ r, l' , .<, . , :1 f' !" ~ ~;-,'t.~ .. ~..!' '":.:- ~ "/, '1-:;:,:: '1' i~..;.::~:; r:j~; :," .... ,,' .; ,. / ' ~ " " :,i';-, , :'t' , ,'.1' I , ". ~ r"\ ,-, ".'~ ,,,.,, j . J"''1. I . .~". J i?~~':~: ~;> ;~)~t{~.;:;:. at this tiJna of. filinq for public record a J:''i~:,::t:~_~~~~ .'...." ,'Supplementary Declaration which shall il\clude and qovern. \~~"~:r " ~;~..::' .".:.: Phases I and II of Concept 600 and since it appears that ; if~;t~,;, :f:::a:~:y s::C:::::d r::u~::s C:::: ::: .',,,'- '>, ',.:. " 'I:;,,: If . ..' .> -;"" ~. ' -: (,~~~~';: ~- .'" , -o~ .:.. , t,~r .';:, " , . , WHEREAS, Concept 600 is a s~~ivision within the moaninq '. ;(.,:I"f"'~i~' ,:~:~::~<: ".,.....'.:; .., }~~~Ij~:' of Section 20-10(c) of the Aspen Municipal Code in that the land. " -' ,~'\., ::::i::::, C:::::t t:o::a:f::::::: :::: ::~::i:::n:::::e::n' :. Y)/j~~;~: platted into lot. and blocks by plat recorded in the Office of .the:',,,: .{,~'::;, " ,:, -'-~:'i:,~:)~iY"}~,Jt3::.ti;, ~, County of Pitkin Clerk and Recorder and which have, in the. jUdi::-,.;,,,,,;,,",..J,.:::t '. . . , ::;,~,);;;;:\;:":':L"- !'<, __"_;:~ ment of the Planninq Commission, fulfilled all pertinent desiqn'.(;"":;',..' . .' . '-~\'.'." ,L~~K;'~/~~~-}':,::;:~;,>/:~~" , requirements contained in the subdivision regulation, and ;:::' ;:;~;-" ,~~_.:-'_::<:.;::,;,y"",-,:-:.," WHEREAS, pursuant to said Section 20-10, written,~~p~~~f~:fj~~~~~i~~ tion for such an exemption has been made to the Planninq' Cooais'" .",,:::..,. :.; . "I sion oIi December 4, 1972, and' the grounds for gr.ntln9'!;':~~~It-~~:~:;:\;~}'V;;:;:~':;,::~;"v;~.;~ i , , '. ,',' ',: ;-,"';,", -:': : ~,>,:'~">~:',>;:J~-::Y['.:\,,::',',:, ::<-~~';'<>'";" ' emption have been entered in the Minutes of the quntinq' ,body ~"<'.~ ': .::'-;:: : ",. by InOtion or resolution duly adopted, and \;'::,' ",;";':'i;:>l~y:::"> '_<~:'::~.::~~,.::~,"'.' '.:~::~,\~~, WHEREAS, the Planninq Commission has fully' c~~~~~er~~/~~~~:},i~;.;~;~i such application for exemption for Concept 600. and' did,. at' .its,,;.-: ;'. :":':;~:~~:'i,"; . , . :', :,::::',< '::""',.:,>/:,~",-..:':;' ':~,'Zj~;~:(:~;;<;';irL:Jf(~'/1~' meeting on Oecember 4, 1973, qrant an exemption under. aaid ... ;....... t-!: . ',,'.' c,. ,t . ."..'. , ",. ,', " :' .,>', ,,' :':'> - :,:: ,,', ,," ': >,-:~>;,:,:::"",~/:":"'<".' -, """-~'~::~:';;~; Section 20-10, thereby permittinq dth~ ,laWful Ulinl/of, 'Sllch.. ':"'/:.:~y;; :,.,!~> Supplementary Condominium MaP,,.subje.c\:.' t~ certain ob11qatory' ~Y:;'~:""'" ,.';,.::.t,-;i provisions to be impose<l~n. ~er' h.;~1naft.r enumerated~lo~ ~~<::',;':' : .~-W " . ".' ,::'-'::,<:-~,,::"~'>t',.,:-,' , ,,_,' ': ,,';','::, ,~>,},.,:;~,;~:".;'t~'k"~:::~J.>~lt are deemed to protect,. prOlllOte'.an.tellhanca.the public velfuet, i.....(:..... \. c',\( . ' and ' .::~.:,} ~':: ';,\,:"; ;':...;;,: .',' '.::' :'::;.~X..;,i:,;.;.~,.~~)':.'f.'.'~,;,'...':.f.' .." :" :, " , ' , -' ::,"": ". ~ ' """', ':' ", ,"'; ',' I , ;, . .. . .. ''''. :'1.:.'_.. - . .-. .. , WHEREAS, owner is"wUlinl/"'to accapt':lUId a~.. to' the' afore" ~:"'., c". ~', \, _.-:.~=::;:~:i~,~ :;.: ;.~...:~,;L 1~\ ~~!~ . .the lII..tua-l covenants' cQn~dned hereinafter, Ten and"00/100'.'-:-"::.',. :'."'~:!~'~: ',' ":',' , ""',:,',' .','"',"",, """:J:;,,j-;', ","'~:": ",\,,"'!';"", ",' ","\''',_'''< 'i\',;:"'''':::''~:!_,:-::I-',,~ Pollars' (nO.OOI /and'otborllOOd "and valuable 'consi.d.r.tlon'~ ,:',,; :'...." ""';",;. " , . '" ' " '",', " .:. ",. 'I ' ':!:::'~";"::'::;::~":;""J'.'-'~"'~'.',/..~I.",;'._;.::.'I:,..,:"..,,~,:-:},:f.~:,:,i; ,,',~:. .,,'" ":'..<' 'f.....:,".:...,.)..';,' < ,:,,. " \:.':.'.'.."~.",:,:.,,:"."':""';:'.,_;~":,,',~:,,'".'~.'.:.;.!i:"" . .C .""~I ~',. .. "";.:::t})';h'~<" ,"",''.,:.:...,..,. 'I , .', "'~:"t ' - -:- '~~':,~':f.,_j\;:.}:,~,:;~:',.,~.':",::,;,."::,,...:,.~: .....,,, \ ,_>,,~:'::'T'\' :';' ~':':'::'i(i":-"" '\\,""" '>~::-i~' < \\: .'":'.'..~...,.~,.':;:,;: .. ..,,,.. -.., ~'." ",:,' 'Sj 'J' ,,; ,;,), ....... - '<,:::,"?{jf('!Y>~;;,-r:::',{i-:.t~;:i.~,:?i':''';,' ';'.';"Y:j;; "1'1; "~':"' :, .','. 'i) >.: <~:",':>.':~'::l?~::'~:"::' ,.',,::, '"" .. '.. " '\ ' ; ":,,,;~,.,. , ...:'",,( , ',,'. , .:;:--::~-, ".' ,,' '":-''' , I,. ~ - r"\ ,-.. ,~.' .'. .,~. , ~",;. . -, .',<'" ,,' ~,~.....' .. .:;' .0' ~ ,-",..,.,,~, "<~ . ,I:.,.' r:~' 'j,,;, ~ ,., "\ '; ,"\.'-'\ ';'.\' '!:i'?: .~,';}i.';",:...:'~,'~"-;:~~,":,:>> ~'>,,:~-; ,i~Jt >,''.'.) -,_' '~:'h~;... .', ,1;';,,'-, ..'\C' "<..,';':'," "':~:Y"" 'i~.-", '", /,; """,,''':'/ ~,,:,_" ':":,.-. ,),:':{<~;;, ;.'~.~.'.,i.;:..,:,~. . . '. ". '. .~. , "."'. .'?;,:':"; ':'.'.,~.,~ :....'., '.:.:..,....,'~.;,~.:.i,.::..:.,i.(:.;,~, ,.~ . ~,' .,."~:.:,:~..:_'.". ,. .' '" ':',' .:.;;'::t",,'t':'i".,, 8CGI2B2 fAGl:'&,l.. t.',',f:..',.:i.,".",: . "';" ~.,.; own. '.~... :~~l~.:".:.~,',:,'.'.~.,..'.;.'>.~..'::. :'~.'..'...l,~.'.~.~Y..;:'..'.'O.;:.',f.:.':,':L.'.',.~." ~.~...'ea. semen.t.. '... '. :':fe, ~'; i . .~;.:.;;u':" ,MO .. ~, ~O'~ :!'Cob :OO'~'''''''''' ..;j;,;,!~~,? ~~< ", .an'encumbranc~J~t shal~, r~. wi~ ~,~:. b~.herein described and."..,. ' : L:i: ;'~\; ~,~~',:', '~S':>~,U,::.~~,,:8.~.1,~,.~~ridu.<,_re..,,~::~,~~, '..~~~.:~.~f,er~~~~~:,c'f,::(~,~",~~'fT~~:\:'~~;7,.:j,~.~~a,t~.,:~.,r;{". :'-~~. h ~.: I r.. "'. ; > >'\;;':r~~:1;>? ,~,~),,,,l1lOd~.~.r, IllllnDer ~f ..sai~.la~~'.,;:~~i~i~~~<~~;:~~~.~lc'cbe;.~~g~,~;:(8) ': .. ',;': ,,'., : ,;. -'l:'::,;,,, feet in width!'nd shall runpatall.l~i1;h, and<~t~e8n,:.,th!!..lfe.tern ..' <~.,l!;~,>', : 'i;4"'~.}_'" ,.~'>.: ';i, ,- - ,:-', ", .', ',. -'-',' "" ':. ", ~"'/ :,'. ',', , "-";;~" -::' "': "Jr, "',', ,,->. '_ ~ :(.:".,.,',,1', :':,0' j "..i'~- : .: facing of COncept 600 and the Western' bounda:ry 'o~..,tJ".:.real. property " ....,... '.~.. }/~,"', .. ""r" ,< .:'., ..,- '-,',;:,',:;:!'~'-<iti:,<"'"'' -'.~.~',~~~/\ 1 ~\'::: ;, upon which Concept 600. is located (that:~undary'.l>ein9d~nominated.."':;,( , '-..""" ao North 14"50'49" B. 100.0.':;'. vacated Portion of.'Hunte~IStreet'~~}'c'.:>..;::., , Ill.;,. '~? ',;. ." ,i '_ ., ':' ; , ., ," ,::'. ' ",., ."". ", . '- !: " -< ., >~(~; ;:i,-':: ::,"" :';, ", ' . . ," ',:, -':.;':7 ::,.; i.;::',~, ;~,~ ,: ,lpv :'';,:''::. ,,,C" on the' afor8lllentioned Supplementary Condominium Hap) ~' :' .Owner shal,l ~,: ., '" :1,/. ;.~ :~;Z~,t?~~:';,\ ., cona truot and maintain 'this"": e~~:~~'~~~~'ra ~,:~,:~,~,~,~\:,~~,:".~'t~e:~~~::': ~~~"~~h~~~;:{'~{t'~~:;:~);UJ'~~',;~; l,;'~,:, .~.. utilize material of a qu~lityand at' ai.~os~toreatio~~~l; ins~~<.',;""/::rS ::::\""~-''''' " " :,:' _, '_', :,.", ,": ','C',":, ';', ,:,:.'.,.," ,,', ,,-""\:,:-. ',>' . .,'.,- ,',' ..<; f;;J the durability of such easement for .thecoritinued!s~~eu~e bY, I'e~.{<:./;<,,; .~./.'.'::.:,'::,'-.~ destrians. It i. understood, and the,City hereby aq'rellS ;thaid:he :j,;)'t,,', ~":l. ',-- - , , ",;",_ ._,,', v' ': ,:.' ,:;; "";"'I:l"~';'/;:!'~)J;t:':'~~"H:'.~ . '. , uSe by pedestrians of said ea..ement.'shall ~ perlllisSib~~ in~o~ar.\:/';,;-/.;,.',~..,;: t,:;Y':';' as such use shall not cause physical damaqG of 'or destruction to ';."(..,;i'~:f}r }f/< ' ',' :: ' , ,.' '-"' ,', '-~,' ::.." '.-> . ,',:: ':i,':,,,', ,:.>:, ,':'\-'":..");:-'::,;:~' <>:;~-\(<:,;',,,::~.:-::'~',,;~1i~:i::>,,';'.,'.ti:-\V~ .' .. . '. '. the residential and commercial. imprOV8IIlents', cOntained' within' con-.(: ,::. ;.:"Y. .... .:/-, E\;,.' cept 60::' OWner shall present, 'uPO~'L~U:i~l:Y~~i~i(~~ie~~{ii~)~~Jr'f~P '~:::i( ',:;i, ;::' . '/: . . .; :"'<:", ' :,':':, '< '.';', ~,",:r:;:'-'(. ':, ,'"i. ': " :.'":'':~/''' "~'.,::. ";~,~,'.,:,::\,,>~.1.;,, :,'.\ .~,::: /,1'1~~ Li or as soon .tbereafter as is reasonably possibl..~".the"City'..witli 'a:":;;~;'d:;:;:.~(.t ~ ;..~ certified check in the amount ~f. One ~ousin~.'~'nd, :~~~~o:. .:.;c;.{':~r~:'~~;?,:J{S; ($1,000.00), which check, shall be h!lJ.d by .the 'C:ity' as" pedorillance i,.....>' 'i'.,',:;. t,'" '" " ",:,:;:~'. _ ,.' ".., '",""';, ,.-:/ ", :..":; :> ,:\".:"~o~'~:~rt~:l~,*~:&~~;< . bond in relation to a drY.!lell and drainage plan to reduce tunoff;~:,,<:.,~:'''~ ,', ", ' , ",. " " "~"""""",i _," '-':'/'" ,'" -,:'\:'~,(<;,;(;,,:-:~''l:' Ll..i.~:",.,....on the Subject property. This'plan sha.ll be sullmittecfino:lllter: than;;;,:;.".t', ~:b../ 'JUlY 1, 1974' to the C:ity;: In tb~ eve~t tIIai;o..n'c'r"n .~bata~tiat~~:;i~:;f~ .. :.:~r-,; ; .>:. ' " ' :, ' ",., " ", t,' ,,',." :'>' :'" :'. -::.', ~,' ,_~",': 'i/!: : - -, ,,; ';, :"""';'~"~:">)"': ^,' .t, A;,',::,~',,'.", ':::' ',',' ',' ",,:~;,::: ":, .~',- :....~:'. :;:"t:;~~:G,',;':.;~;:;!,~~'i';:~'>:f 4 ;t?:, with reasonabl.. . justification th~t a prop~,~' drai.na.g~.Plan .Q~n be;~:\Y:">:\'li 1 ,..,. instituted for a sum of'less thA'n' One Thousand a.;dOO/loO'.'Ool-.:c;':"',':;":;:' '; I" ;, ". lax:s. (~l,OOO.OO), the City. .ballfe~,r~~ .~iir '~or~G'dift~r~," '::;"'~(11 . .' entJ.al. which ma~' exbt in such' circumst,ancelh'; l:n the" furtbei:.vent' ;;.. . "that Owner' 4~"llnO(S~bi.itsuci~pia~/~'; rilqUi~ed .~~upon: ~'~~i$~i~~' .l; ", ,.',;: ',',"': :,""",;, :''''-:'''':'-~i'',,','!''':;''''': ",";,':, --"~',\'..,~,}:c':r-:'(~:"\' :::,~:"-; .">.;. 'f~ of ." l'lal'l.40ctll not elleoute suoh plan, tho City,o! Aspall b:be~o~l' ..' " ,", ',,, '" " ' '-. ,': :'. '-,' ," ,',.." ,.'", "," " ' ,.;. '::',,', --': '''~'! ' ,,' ':, "" ',: , - I,,::, ,,'~ ,( " , '''''~;'''''$~oa 1;.('11$11 said On. TllOllsQI1C1'lIi14 OO/lOO'I!l~lXlUlu;l'l. (!lit "':' .;'",,_',: , " <,:' ;' ,': ',;,", '. ;';": ,'t'.., :;';"'::~;';':',' "::':"";:::,':; :",;',!-".- .',<,: ,;:: ,~:'>-",',"::- ....;<"" ,,'~ :""'~:::':;;, ';/,'>:'.".' ,:~,~:':~~..::'<\<:;';rf(t'~:ri::::''',:;:::''J: ,:" /.... ":;~. ',.,"',^,,: . "" '>:. ).,~j!!,j>~;~{\!:"Y:" n.; \',,' ',,': .;"',,' i/~' ',.. ;,,'0 "f,:"'.' ~: ,"i..~: .,/ , ,:~ ~', , , ,,", . ',;" ':;1 'f ";, '<' .} , '.,j 'ie, '.. ,:"ti' ,",,:<', "'t' , () ';;: ~: ,', '~ . c_ I"""'> ,.-.., ~- , '.'~~";;""~'I'", ~;. 1",:.1.'- C' " ... ' "- ' .,~: . 'J I"-: .... ,,' ';". . . ,.. \',::::;:,:!{~/":::rt'}:, ") "."r: ; ~;;",.,: , ," 'l./.;;;.;..::.)!or ~e purpose of installinq such a dryo;rell drainaie project .Oft :"'''':'':1;''", '<, " , ~~'}:~':~~,:~.~;:,:,tho ~ubjeot real property~ '''fI1;.;,:,>.:,'.,'' ~ >} ,.: likew:1se empowered to enter upon said real property, for the pur- ;,1,:,< ,..','_' )<):'f"<\~~i<,~-PO.":Of the construction of same, in, a J:'848onable manner and Cor ;;'."/'! '3'. r:,.' , . ":;;,'~""'~<'I'" " " . ,,'.. ."., ,.e reasonable time. ;;,~ )~;~':, "''.,::/."' . .' '\,',-<.:,0)'" ..' ","" '.",;.,,; ',)'c' .'::)<,"~'~:,'~, 'v. .. '-;, ;'. '"" .,;., ,~. '.1' ,:1:.,'.:' ?" '.: ') . ;:.' ~ '" ','':'. .' <.::" ;', ',,' \~~:~):'", In this latter event, the City is 3. OWner shall,by resolution duly adopted by the Board of ~j..,_'-~.; ,:",:,,~:C' :~~~;~F)~: ,/~' Directors, cause the Concept 600 Condominium Association, 1no., ,4 Colorado corporation, to obligate itself to carry out the foregoinq undertakings outlined herein and to aqree, upon written notice, to . include Concept 600 within any street and/or drainage system dis- trict as may at some future time be created, insofar as Concept 600 is in fact within the bouQdaries proposed by the petitioners endeavoring on behalf of the creation of such districts. 4. The City Shall, subject to the above paragraphs, be bound by the. Planning Commission's act of granting an exemption .',,- ~':1:~'>,~ ":,.:."':' ~; ~;\'~.;~ :; ;.forconcept 600 to the subdivision regulations pursuant to Section '20-10 oftbeAapen Municipal Code on December 4, 197i, . thereby ~"..i', , pemi ~tin,g the , and thereafter lawful filinq of the Supplementary Condominium Map ...:<"; ,,-,.~ ~~. . ,'. f. 'z- ,--.'''. ,~"'+ ;.0, /:;:',.1.';,' the sale of the condominium units in Phase II, as ,"" k'-,"': , '.~"; :! .'; ..,.i"ficated"on.the Supplementary CondominIum Map. '~1} -~ '" .. ;:''::';:';:',.',:' .',;>*" ':~.' , ': ":i;~;~>' '~~:f::';' 5.' This Agreement shall be bindinq upon the parties here- to.and, :their respective ,heirs, personal representatives', aucceasors- ';',,"/".' "'..,- . ',' IN WITNESS WHE~~OF, the parties hereto have hereunto set ". :~,{:::-::..,',1..~;:/,:, ~ ',;..':".;",,, li;:~;:r<"" ,-- ,\;'.:, ,,,.." r./;,:;->:.;':~':' OWNER. . d'''.",,, .:JAMES a. ,TRUEMAN, ASSOCIATES, ",,,t'- . I p..~ " i ~ ;,~,,'SYI J ~ ~.,,', 1 ,. .. jf.: j ;'.' \'.'.'<' ';1f:';'?,: 1; -" . '~ "':"":"", '.. '.' .;;',.' ..."t'. Writtel\...... . ':": ..... . 0, ..;~. .. .......... /to .,> I~~.:; {.:~.:,~:;~.... :~\ .' "'f"'I'" ..,1.'\:\." ,', -'-' \::- .~~! ~':M . , "<,'e..:~:.t . .,-t~.l"J :,.~,{ t :'t,. U teJ.'" ""::Y' ~,~ " stant .f<!'~'^\1o~<l)..:\,..,,~~ ~; """ . ..... t , .~.l ' itl:\ ...."..... , l\~<f'"'' ~ '''''''.' ,~.~\r~' ,it~~,~ < ...t'y.I~.~,1.f..'..l\\. ."i It ,:. ...\:....t f' .'\' ~ A/ "11 ;"'" '",,-', ".;':,;,;'" -~.4fl~':' " "" . , ,'" Chili _ . I ": '.';'>::,;.: .~,.\ , ":~,,,c'~: ':,:i~~~i~t~ii~\t:~t>:;,;Q;~~.'L< . . tbeit hands and seals as of the day and yoar first above ..~ " , " INC. , "-" ".. -" , ". ':THE CITY OJ? ASPEN PLANNING' ,ZONfNG COMMISSION ; ~', '~', ~," (: ,,",.-.- '1', ,j , , " .if '.i~ ',,' ,'," /"""""-. ('~ , . ,....,. ." .~.. ': ~.,,". '''~<' ";I,"~ ~ ,... "I . SCHEDULE A Order Number: 7030 Commitment Number: CC44$65 1. Effective dete: May 16. 1977 at 8:04 A.K.. 2. . Policy or Policies to be issued: A. ALTA Ownerls Policy Ptoposed Insuted: PItI: t.DCli Amount of tn~ranC8. Premiua $ ,120.000.00 $372.00 8.ALTA Loan PoHcy, Proposed I",ured: '.", $' ~' I 5.00 I ' $ ~ 'CarUf1cate c. lJAT.AI.n A. ,GI<:lilO11.l1: 3. The estate or' interest in the land desqribed or is at the effective date hereof vested in: and"cove,ed,raerein isfes limple 8nd title t~.~eto 4. The lend referred to in this commitment is " A tract of land, being part of Section 7. TOYtlsbip 10 South. the Sixth Principal Mer:l.d1an. being also a 1><1 of lllock 20. TOWl;ls:l.te. sdd tracl: being described as follo e 84 Vesl: of s,t .\8pa1a M41t:1.oual, of tot 5 of Block 20; fe1i\t to the c nl:erline of the alley ill AU Beginning at the Northust cora tl1ence South 14950'49" West, 110. block; thence North 7S90 'I " West along the intersection h the SOutherl 1 in said 1I10<:k 20; , thence North 049OS' 67.55 feet; thence North 19-49' W s 13S.63 feet to l:he South right-of__y line of the road on the North aide of aaid Block 20. being the Northerly line of Land described in deed, to li:li&abeth Borstuer Calla.han.recorded August 23, 1961 iIl1look 195 . at page 79; thence Easterly along sa:l.d Northerly line and the North Une of llUlli described , in deed. to Elizabeth llorstner Callaban. -reCQ~ded J'anuaQ' 4. 1960 ill ;Book 189 , at page 4.53. to thEi Point of llet1nning. ' 4 centu-line, appro:ld.mately 150, feet to olongation of thEi Veaterly 11lla of tot " EXCEPTING TEEllEFRO..'1. all that portion lying Easterly of Centerl1lla aa ~e liorta and South projel:t:I.on of the c:erl.terline;~ 'tot; 3 ill AU lllDck 20. . ','.' '. Count,. of PLtkill, State of Colorado,., , ' . i ~:ri....., c' ,.I"".~',:,,,,!: . Pege a 8'rl~WAnT TITLE ~ /'-" ',,' '.~~ , ,e'.... , ,.,,',SC.HEOULE 8'- Section 1 Order Number: 7030 Commitment Number: CC44865 Requirements "."\' ii,. The following are the requirements to be complied with: Item (aj Payment to or for the account of the grantors or mortgagors ,?f the full consideration for the estate or interest to be insured. ; :," Item (b) Proper instrument!s) creating the estate or interest to be insured must be executed and duly filed for record. " ""to.wit: ."... ",'."" (c) Duly cert1fied cOpy of Ordinance of the 'C:tt7 Council of the C1ty of ABpea vacating the following described propertY:, The North half of the alley. lying ..outherl,. of and adjacent to 1.ot8,;1. 2. 3. 4 atlG S. 'Block 20. Best A_ U... 4__' '" _4 ' , <""c,' ' -pen ....~l:;,..,v-... ..OIal.....t.e.f, ,r:,ii' \ , . ,:.,.. ' .C.:' liOTE: If sald ordlnance reserves essem.ente or right" of vay forllt111c1ea..;, ' or other purposes. the pol1cy,~g,~e ~eption of the same. < '.: ",/::,'~' '/;ynj?:;?'f;':"';'Ji~?,i;:>:f'/\";J:; (11) Deed frOlJ1 NataUe A.. Glgno\lXl1l1ld h~);",spouse with recital in tbe body.' . signature. and acktlowledgment,thetgrl'll1tors are husband and wife, to Pat Lynch. If Nata11e A.,Gignl:lUXtsnot married thea recltal ahollld be made 1u the bod1.a1gn,ll,tU1':e;!8tl,~:4C~ovledgment that &rantor 18 au ~Qwomau. ~!t';':/i,::},:"-:v~"~~""';~:'!,:::.::,~,~:r-'~":~";";';:';'.)-.~'(-.:;",:'"" ":.i :,'-, ',..:..' . :,. .'<",,':,"'l: . ~,. ./ ' ) , ,",. , ;Y:' , '~ ,',. "r .'" ,': .'.1 " ':: I "," ,,',,"" ~, I (/~ ,':'-[1 r l}.f t'~i.ll / r (lei . "" "j " ,,t... " ~ ", , ' !'lIQlI3 '" S'l'RWART TTTT.'F.. " ._.l> ,k.' . . ' . '. ~ ~ r\ r ' " , ""-'" .,-.: > SCHEDULE B -,Section'2 Exceptions ,'. '\'i" i'~:'" , Order Number: 7030 Commitment NumberlCC44S6S The policy or, policies to be issued will contain exceptions to the followi'ng unle.. the same are disposed of to the . satisfaction of the Company: " ," 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements. not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records: 4. Any lien. or right toa lien, for services,labor Or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbranCes, adverse claims' or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. ' 'i>' , .;' ..'," , 6. . , ' ' .." Taxes for the year 1976 aud tl'lereafter,and any special assesSIlleut or:' charges 1lOt yet certified to ,~off:i.ce:of.tha County Treasurer. "ir . "';,'~;:; /''';, ,.,:<."') 7. Right of way for ditches or. caMleconstructed by tbe authority of the Un1tecl States all reserved in Unit~" S,tatQli Patent recorded in Book 185 at page 69. 8. Sewer e8Gelllent as describl'ld iu deed, toAapen l{etropolitu Sauitat1GG District. recorded .luna 20, 1~72 in llook 264 at age 574. """""" ','" 9. .Any tax, assessment, fees or ,.::}Ul%'ges by re8SOD subject property in the Aspen.;Fire Dis S8DitatiOll Disn:iet. -rw;C1,t riof . i:~~!" ~ the inclusion of ict, Aspen Metropolitan Valley Jloap1tal D1atr1c:t. , > ;" . '.. . ',: sl,ln'~/l(r .(ff CM'lf'df;l. .., ".) Exceptions numbered are hereby omitted. , "~_ .".' .'.'__. .' ,'., ..~..............., 'c...... '. J 'w Pago 4 STEWART TITLE ....~. : "",,/" "~~ .. - . ' ~~ .,,:,;='",.:A ~".' ,. .: . , -~~.,~ ~~ f ~l ~, .-.. 1 - rWQO.UUw. .c. ,ul t."U "..p.loa Wo 1)2267 V~Oloo" 11...1.. Juno 4.0'. .'11" '-&BY r:. Mtkl1ch. UcorUr .....Z64 rA>LS74 ourr ClAIM DEED OF BASEMENI' Nat.,l teA r:i ,'nnl1V (hCl."cin. "sralltor") for and 1n conS~ueration of Oil'" wUar (f;1.00) in nand paj.d olncl ocher f.oo,Jd and vo1.1u4blc: c:c.hs1dcrfttio.,. tllO 4dc(luaey 400 receipt of whieb are herel:ty acki'!'JvlcuSOl.\. dClcs hereby rcnli&\l, relc(ltu~" sell,_ auign. convp.y and quitclaim unCO ASPEN furrRo~OLIT^N SANITATIONUIS~a!~~, a qua6i municipal corporation organized under the laws Ot lOG Stat~ of (;oll,)~'..do. (il(::J:'cin "^lipl~n Y.etro") its sUCC:U&I)U and assi~\1s (orever. a perrctual ticwo!r C4lien:unt and right-oi-WAY, over, upon, aerosli, in, through and ",nJ"'~, thut tihnrc. C.lItlltO ar,d ir.torest of grantor in ~nd. ,. to any portiouof the roal propccty situatcd in the County of Piikin and State of Colorado which is ocseribed in tiurvey 18-1) 0' Joimson-Lool;feUow & Auoc., Inc. Attached hereto an<'.. b,y chi:; rdc...cnco~dc u part bel'Clli. Grantor hercbyc;,uitcl~im.>; t.:o j\tli)(~I\:-:etro t:IC right tOCXCo1vatu for, illstall. &:cjJlac:e. rnaitlto\in and use tluch c~,ll~ctioll. <Oi."ainalle, or cJilllio~al lillcs. interc:epdna sl::wcrs, outfall &l::wcrlJ, trl.<l\k SC\oICi:'Il, ..I\d t'G,utpmenc 1l1l\1 appurtenanCf:!8 thl:!reco vtthill Iloaid cus<:...cnt au ,\IIII'oll' };\,ll:.l'u f....yi...)ln tll',I<.' to ..imc elect. Grantor further ctuitc:h.lms to Aspcn %o'.ctro thu t;'l;ht. of illi'....eu "ad egress to And from said casement over ana acr<JslI iir,],nl:orts property uy MlihUI uf roacls and l..ln.:>s therei1\, if such there be, othi!rwhe by such routo or r()utt!s as sru.ll oceaN ion the least ?racticabl. dnr:1dt;t! :l.Ud inconvenL~n,=e to grantor. Gl'untor rOStH'VCS the r.i.l~ht to utillze and enjoy tho a.ihlV.. descrii.led o::as~l11unt j'll:'..:tvhlia.; tho"! s..lno shall not interfere with the coustrucci,,", r.~incen..ncti, rctl..irir;g, ii'lIij),!cCiun 4l'1d operation of any such sewer i.:lcnities uJ: Hue. In C;.~ I!vcnt th,],t il: it>n':c~lisary to repnir or rnllintain an~ sew~r idciliti~s locat~u withi~ S~\Q o~ben~ntf Asp.:" H4tro will, insofar as r~..a~n.:luly rossiblc, restore thu ~r~~crcy co i~. original condition eXjst1ns at the ti~ such repair cOlllOOnct'ld. TO lL\V'~ AW TL),Utn.i) the Silll"'=. tOool:.l..c:( with all and 61nr,ular the a?purconanc.. an4 privij.e~~tIi It-.~''''CUI1C;O bell)nt.in~ or in ..."ywist:ti~rtll.<l\C;o Appercaining. co the use, henefit and behoof of ;\sp.m :-:etro, itt> liucc:eti~or&..i1nd assigns forever. Wil,mover used hCl'cin the s.i.I\I~l.ilal:' r.l.lr.J)(Il.' "hall il\clutie the plural, the tho &inaular, and ch~ use of any gcnuc~&hall hc a~plicable t~ All senDcra. of the covenants bordn shall be 01.OO1n; I.IpOI\ the respective he-1rs, personal. representatives. suc:cc&&ors and assi&n& of tho parties here~. Execw.ceci and cl.U.v.reci chia / .:J-bf day of C/ '':'-'''---'1 19 .:12:-- I GRwrO;,: a..~44<-. . I ,d' ' c:. ' J'.-..~'~ ./,... ...... (,; S'rATil 07 . tH~{,. ) COUNtY OF ..;~#-:.. l 55. The fQriUgoin~ . day of instNm.::nt was acknowliUdg~ buforo , 19~. by Itf'ft }~ Commission expires Wien... -r. .han4 &04 oif1c1Al senl. .f' r" ...." . {\".t :(r, ..... , .<.- ...... .-.....~:(/~...... . I ,-,-'/ \.... 7 "". I, ~l~ '( ~\iQ, ./ \"\. 7 ;S,,".,.. I.... i ...t ;.J\...~llt:it..\.~ :~# .1::~.> .....' - .J'~.~ i .....,./'..;.:.............. "....~ ",,," r. u ....." . "'h...l' v........... . "...,.~".."..... 7;\ A 4 ~L~ .., '. ~'. . r,:.. {o 1" '. plural. AU r ,1 ",~ - " ~. ~ '....,;:~' I I I I I I i I I I I 1 , '~"'.4'- ..---~: ~;, 'f~~-"i , I :. " I i ,I ., '1i i ,'i 'f - ,~ j) ....'" ,-:i ',').."; 11 I I iIII"'264 PAC! 575', ' "ONtlSOII- /.OIlGF/!/./.O!Y () ASSOC.. IIIC, " '. ' ",} SIlN~CI'OH$,. CNGINCCN$ I I ,. } 0 G "0. ,s,w', cO',P.i.t.k1n "A'& C'olo,C'a4o i-~ 1~E8 I HUNTER ':- STREET ,; o , I:" II '::1' 1'" Ii": lJ11i 0' ,n' I :~i "". I ,I .' .~I i1l , GRASS CAll' ': l! ~ ,;, ,,'T ."e_ .:; ~.*!1.i.:....... co I .' ~ 11.1 .. 'I " ,..,:-::-/-.--y.. SPRING' ~ST ..' ",'" \ I I' /.'AS' CAP /" '. j - <t~ EA~T ASPiH ',: I " '-"':;::", I '. 'I,~ ~ I,"".:.". .... / : :ri. I .~ 1e>b=J' .. I j;. Ir' Jo '.',. c: ';.'1 . :Q'i C,lII I : ' ~ --4~ r ~ ! I in:~--.J C:t:1 8=J ~\ , '- ~ . . 0A1,. ';::uno 13, l!l12 O~Dt 11I0'. '" WC'1qht-~toL.luclhl in [1(""'1'110,.:. \f,( ., .. . .." """' r .JO' ""'''''1: ',\-; i~--I'" 'j.; -.( j I I I "', ,:,' , I I ;; : .. ';', s: , " ;; N .. .. . I/O ... '" ffi ... ~ " ij; , I ..' ;~~O'~ ,'\\ " "'.:::.:".;< ,.'! ;; .,:of, ',: : i:-:' N ".':'.i,; L .R\"" \.!) \:: ',~:: .;,,'. .- -100' ~, I" :. ."",',.r. r~.,.;t'.IT!".l::: }."l:.ll'l'd : n l(lc~ ~o ~'\nlt V;lC,) t".:j :~(')rt:on ("( nunt(:I",~;tl.'~'I" I~.'~;t l,,'t......: ':,.';d~ ~()Il ttl l\:ll",:'n, C('IlCH'.ldo.fl.1i.d 'rH:.~:-.i('nt ;/,.,;'n<; (, 1'(:I'{: f...~,eh :: ;(In () tho follo~...in" c1".'f.er-ib.~t1 <.'u~t."Z:OI ~:~n~ I~j.'r:i'mjnq td. i'\ i'oInt 0;') thc',r:u!<itctl', l\n,o of sa~cl nlf\f":f'. 20 ....heile.'. tl-;I'" :-:{lUt:;ll~:'i t Cnrnm. t)(' ::I"id :nock "20-1.1","1"" :;fJ4-S0'49.W, }(l8.00 fu"t: tlwnca N7S"07'll.~t, 345.00 fU::lt. . -. . . .., .. "..:.... I I 1 j 'j , I I I I I , I I I I i I I J i I " i I I I ! '~ f'; ,,-, r"\ ( . ENDORSEMENT ,NO. 1 to be attached to and forming part pf: ORDER NUMBER: 7030 COMMITMENT NUMBER: 44865 Schedule A, Paragraph 4 is hereby amended to read: A tract of land, being part of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, being also a part of Block 20, East Aspen Additional Townsite, said tract being described as follows: Beginning at the Northeast corner of Lot 5 of said Block 20; thence South 14050'49" West llO.30 feet to the centerline G7f the alley in said block; thence North 75009'll" West along said centerline, approximately 150 feet to the intersection with the Southerly prolongation of the Westerly line of Lot 1 in said Block 20; thence North 14050'49" East 10.30 feet 'to the Southwest corner' of said Lot 1; thence North 04008' East 67.55 feet; thence North 19049' West 138.63 feet to the South right of way line of the road on the North side of said Block 20, being the Northerly line of Land described in deed, to Elizabeth Borstner Callahan, recorded August 23, 1961 in Book 195 at page 79; thence Easterly along said Northerly line and the North line of land described in deed, to Elizabeth Borstner Callahan, recorded January 4, 1960 in Book 189 at page 453, to the Point of Beginning. EXCEPTING THEREFROM, all that portion lying Easterly of Centerline and the North and South projection of the centerline of Lot 3 in said Block 20. County of Pitkin, State of Colorado. I~,ali other respects, said commitment remains unchanged. BY:~ Authorized . STEWART TITLE GUARANTY COMPANY Date: Name: May 25, 1977 Lynch/Gignoux I"< ,.-" M E M 0 RAN DUM TO: Dave Ell i s FROM: Hal Clark RE: Gi gnoux Conceptual Subdi vi s i on DATE: May 16, 1977 Attached for your review and comment is the Conceptual Subdivision application for the Gignoux property located behind Concept 600. The Planning and Zoning Commission will be setting a site inspection date at thei r May 17, 1977 meeti ng. Of parti cul ar concern,i s the status of Bleeker Street i.e. right-of-way, future use, etc.; the access to Gignoux and the ownershtp of the triangle of land between Gignoux and Bleeker Street. A title search is in process for ownership of the Gignoux property and proof of legal access. The applicant has stated he will comply with parking and F.A.R. restrictions in more detail at Preliminary Plat stage. Imk enc. ~ r-- ~ ( . M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office (HC) RE: Gignoux - Conceptual Subdivision DATE: May 13, 1977 This is a request by Natalie Gignoux for Conceptual Subdivision approval of the Gignoux Subdivision consisting of 0.58 acres (25,244 square feet) and located on Bleeker Street immediately behind the Concept 600 Building. The property is zoned Service/ Commercial/Indistural (S/C/I). The proposal would divide the property into two (2) subdivided lots: Lot 1 = 13,773 sq.ft.; and Lot 2 = 11,471 sq.ft. Lot 2 is presently developed with a one story and a two story building housing Bishop's Garage. Lot 1 would contain a new commer- cial building partly to contain a Sears, Co. outlet store. The comments of the Planning Office are as follows: 1. Due to the existence of present development on the site, we recommend a site inspection be conducted by the Planning and Zoning prior to any action on the conceptual subdivision. 2. Comment from the Engineering Department has not yet been received. We are particularly interested in the status and plans for the use of Bleeker Street. Also, the proposed access to the Gignoux property traverses a triangle of land, the ownership of which is unknown to us at this time. 3. The area of the existing buildings need be examined in relationship to the proposed size of lot 2. Parking and appropriate land should be reserved on lot 2 to meet City zoning F.A.R. requirements. The zoning Code requires 3 parking spaces per 1,000 sq.ft. of commercial building area. 4. We had suggested the applicant pursue a P.U.D. plan for this site, however the zone code requires a minimum of 27,000 sq. ft.. of land for a P.U.D. application. We support a var- iance from the Board of Adjustment to allow this to be processed as a P.U.D. 5. In summary, we recommend setting a date for a site inspection of this property and we defer specific comment until receipt of the additional information requested above and review by the City Engineer. lmk /f':...." ~...~.c.;;:,~>':>?.:,:F'~" /