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Home My WebLink Aboutcoa.lu.su.Hoag.1976 / ~' ~ 130 so aspen, '- , 'li_._i ~ SPEN street 81611 MEMORANDUM DATE: September 21, 1976 TO: Members of the City Council FRO~dra M. Stuller RE: Access easement for Lot 3, Hoag Subdivision Members of the City Council Several weeks ago you authorized my submitting for your approval an easement agreement so as to permit the owner of Lot 3 to guaranty access to a proposed buyer across the BLM site adjacent to the lot from Ute Avenue. A copy of an ease- ,--""'''- '?, w~ ment to that effec~ We have completed our appli- cation to BLM to amend the management plan for the area to permit use of the leased area for roadway and surface drainage purposes; but the amendment has not yet received official appro- val. Counsel for the applicant wishes to request Council's consideration of the easement to include an amendment (1) ex- tending the easement for any renewals of the BLM easement (2) requiring only that roadway maintenance required by BLM and (3) deleting reference to the fact that the easement is con- ditioned on receipt of the BLM approval of the proposed amend- ment to the management plan. He would like, instead, to PQst- pone execution of the easement until the amendment is approved by them. None of the requested changes gives me difficulty r"', ,,...., '- except that extending the easement for any renewals of the BLM lease. This change will require, I think, specific approval by the City Council before I will include it in the easement form. A small sketch of the roadway is attached for your information. Engineering has reviewed and approved the easement description. 't.'..' U #I.':: 4} /:;"> // /'0 ,\~", <;- /",.p o /,({-t> " " '/0'<\ o . ... .. 0 ~.f'/./)} ~ ?~_/ .. <!( \ ~ // , ".J/ , // ",' //,/ '.. /"-'". "'.C/' ',' , ,,---' /' //' .;.1>\ J 1. ' I '" , , ,/ " // .....~-.._._.._.'-- ~o :6// .\-4::Y , -I-\~/ .,/ .--~--' ----- .-- ---/ ..<:'" . /' '..- ." .",-: - ,'0 o ......, . " ~ .,<,<~.'/ --- - - '" ~ ~,' , .. . . ~. ,~ / r~ f , r - - / \ . , , \ \ \'0 - -:>>'1'- c.. SY> ' C\ ~ J r I I, ".' l I J i , , ' I i I ! .----.;, -: "--.'---"'--"'-' ---,--~._..- Rcc{;ption NO......._...........".._.___....h F.ecord"d u '-,u..u,u,...u"I""". ..o'clocLu.u_..Jd., ..m.u.uuuu,.,u U"u .".u.-..u.,-"uuu."...,.umu.. .~---- .........--.-.....-... ........n h...._....... ....,.......".......... .. ................. ...._.~~.... ........R ceOl' der . """.-"'-'-- .-.....---..--.., ThIS DmlD, Mudc this " ",.-,.;:<~~ 0 ~L:::.) day of December, 19 71, I between FREDRIC Ao BENEDICT Of tho County of Pitkin Colorado, of the first part, and THE CITY OF municipal corporation and state of ASPEN, a 1 of the County of 11 Colorado, of the second part, I I WITNESSETH, 'I hat the sdd ps",!y of tl:e first part, f~~~-<>~_ as a I I char i table gift and donation, d:){).bMl?dl, .t.? the ,aiJ.po1t of the firet P'I'c.t i"~'1<l-;;a.i , '.. . . nd ~.?t, tho reee4-]>t-w~ I I' ~.rol)l' .0"'0""0<1 a.,l 'ck~~ has remised, released, sold, conveyed and QUIT CLAIMED, and by I these presents dces remise, release, sell, COnvey an,! QUI'l' CLAIM, unto the said part Y of the second pa2.t, i ts ~, successors and assigns, forever, all the right., title, interest, claim and demand which the said part y of the first part ha S in and to the folloWing described lot or parcel of land situate, lying a..'1d being in tho County of Pi tki n and State of Colorado, to wit: Pitkin and statf: of -- A parcel of land being part of Lots 6 and 7, Section 18, TownShip 10 South, Range 84 West of the 6th Principal Meridian. Said par- cel is more fully described as follows: beginning at a point I whence corner 9 of Tract 41, East Aspen Addition bears SOo21'W, ,I' 299.50 feet; thence NOo21'E, 150.00 feet; thence West 183.86 feet; thence S50039'E, 236.57 feet to the point of beginning. Said parcel contains 0.3166 acres more or less. I Provided, however, that party of the second part shall not use the subject property for any purpose other than as a public park, and shall not have the right to construct any bUildings thereon. A violation of either of these restrictions shall cause all title conveyed hereunder to revert automatically to party of the first part. These restrictions shall remain effective for a period of twenty (20) years following the last to die of Fredric A. Benedict, FabienneBenedict and their now living children. TO HAVE AND 1'0 HOLD the same, togethe,' with dl and singular the aplJUl'tenances and privileges therelUlto I belonging or i~ a"Y:wlSe thereunto "-llpertaining, and all the estate, right, title, interest e,nd chim whatsoever, of the. I said part y of the first pal.t, either in law Or equity, to the only proper use, benefit and behoof of the said 't /SH9..gess<Jr.s f part y 01 the second partl]. S ~ and asslgnsorever. IN WITNESS WHEREOF, The said party of the first part has hereunto Bet his hand and seal the day and year first above written. SigJ.1ed, Sealed and Delivered in the Presence of // / ' "'7, ./:, ,"'" "':::~~,.:::.~?"....u"...L'';::::~~,,<::.<.:tSEAL] Fredric A. Benedict ""."."""......""u""."".""."."nu..h,,,.""hhhh.um'm'h,hn.n. [SEAL] ................-................h.U...h......hnh..h_.........U_.......no_.......... n.................._.........................................n............................._ hhh.n'''hm...hnm''hn.'.hnh.unh"".hhU.h.hhhmnn......nmm' [SEAL] STATE OF COLORADO, County of Pi tki n lss, ....m..h........".h...nh.h""..".mm."'..m...,,,.'.."mnn...."..n'm,' [SEAL] The foregoing instrument was acknowledged before me this J "71 ",' Fredric A, !>mdict. z~ ~7~ _ dayof December M '. . c2~_, ,y conllU1SSlOn eXlnrcs..-- ~>/ u.<:,,_;/ ,/ ?';-) ,Z:!:e,. /7 "...:.. J 19..7_'2... Witness my hand and official seal. C....",.,<?"'";;;2....5.-::d.:2'.a,~:;;:;';~a;f;,;"",~:c;:_"""...,."...".....,..,.."....."..,....",...",..."....." Notary Public. L.-c=_~=c~c_~==cc=.. ." by na'U)',' 1"""0" 0' ""'sn,,,, h""o ","e" nam.; 0" ","'",,; " hy ''''''oa oellog in rqn"""mlnUvo or offlolo' o"P"clty '" "' "(tornoy.'n.r,,,,,. the a '''''''',' "'''''' of p'""", a" ox,"ut."". Woncoy..,,,..,.,,, m' oU"", "';'''o,'y oe """"'I'IL.n; " "X ""kee 01 00', 1""''''''''", Un", """"'1 no,,,,, ",. "";' ";"'" "" oUlo,'". m' Lv. I"",";".,,,' ",. 0,1"" "'''c,'"',, ,,' ""oh ,'OJ'"""",;""" ''',mo,o: ;L-""otnt',rll ..1ckic0'Jl.'l:;dum<:nt, ,~!Y.!. 118..6..1 C011;-"'c~:o Hi',VL"F!G. S;,;,,!.l:t,-,:; l:'!;:l. ..- ..------. ._-_..__.~~'-'-_._---_..._----_._-_._,,-_.._._-,_...._._..-.. ..._.~.._"_._.m_".___.___.._.'"__._~,_________.."..__.____'_._ C'.'" " j";':T (:~," "" ." '., "~'...;<".,,..-1''-- ,",".,s"., ~.~ ^ ,-., FOlI/Il~lC.F.HOf~"'L.CO. RECORD OF PROCEW!i',IGS 100 i..P.:JVAll Continued Meetin As en Plannin & Zonin ""..--.;.: Meeting was reconvened by Chairman Robin Molny at 5:45p.m. Also present were Anthos Jordan, Chuck Collins, Jim Breasted, City/County Planner, Herb Bartel and Assistant CitY/County Planner, Fred Wooden. A ril 25 1972 Field Trip Bibbig, Stream Margin Request Nb comments from the Planning Office on this request: . COITmiSSion discussed the problem with a trail system along the river in the future. Felt that the trail would definitely be along that side (east) of the river. Chairman Molny read the criteria from the stream margin ordinance: 1. Subject to floods 2. Trail along streams 3. Vegetation removed that would cause erosion 4. Pollution of stream 5. Stream bed not altered Collins moved that the Commission recommend to the Build- in Inspector that he grant a building permit according to the Stream Margin Criteria. Seconded by Breasted. All in favor, motion carried. Lot 3, Hoag Subdivision - Steve Crowley and Tom McAuley were present to discuss this lot with the Commission. CitY/County Planner, Bartel, repeated a comment from absent Commission member, Vic Goodhard, regarding the width of the road and his concerns about trash trucks, fire trucks, etc, being able to travel the road during the winter when the snow was plowed to the sides, making it even na~ower. Breasted suggested a cuI de sac as a possible solution. Discussed utility easement, present utilities are uo"m Ute Avenue. AlSo, discussed the possibility of using the~ old railroad right-of-way for a 30' access road. ~ Crowley and MCAuley told the Commission that they hoped to start with 7 apartments and 7 garages. The original plat showed access on old railroad right~of- ,...,...._~_.".._^.._,- :0'.<" ~_.'..".~..J.l,,,..,._~,. _~ .. . -- t, f.. ^ /""'" rOIl"'!~ e. P. tlOrCK~L ~,8. & L. co. RECORD OF PROCEEDINGS. 100 Leaves Continued Meeting, Aspen P & Z, 4/25/72 way, acrossBIM land and using part of Lot 3 to have a 60' easement. Molny suggested that it might be possible to avoid alot of problems for both the contractors and the Commission if the contractors went PUD. The Commission felt that a 60 foot access was necessary, considering the parking space per unit and that it would jeopordize access to the top part of Lot 3 as far as service trucks were concerned if it were any narrower. Discussed who was a reliable authority to check the avalanche dangers for Lot 3. City not responslbile for making the findings, only evaluating the avalanch review. Building permit cannot be issued until after the review is evaluated. Discussed building to the sides of the slide area with retaining walls built of pre-stressed concrete to deflect slides, or of building underground garages in the slide area with adequate roofs covered by sod. . Concensus of the Commission that a 60 foot right-of-way was necessary. Bartel suggested a split road _ one up, one down - which would require a minimum 20 foot right- of-way per each road. Commission asked that the contractors prepare an Outline Development Plan as the next step, showing buildirgs, road; or to prepare several different plans to present to the Commission which could be discussed in a study session. J. R. Williams Annexation J. R.Williams Annexation - Bruce Kistler was present, to discuss this annexation with the Commission. Diicussed the costs to the City of this annexation. Present R-15 zoning; 3.147 acres in annexation; requesting 62 units in total. Discussed projected road below hospital; access to Silver King Apartments. Collins eX~essed his concern of the congestion and traffic already at this point and the additional congestion with this annexa tion. Kistler told the Commission that a strip of land which was the extension of the old river bed would be available for the enlargement of this intersection. Felt that this development would only add 5% to the traffic congestion. Discussed the enlarging of the Neal Avenue bridge, as well as the Hospital bridge. Felt both bridges should be in- -2- ,A, .~ JOSIAH G. HOLLAND STEPH'EN l-I. HART ,JOHN L.J. HART WILLIAM D. EMBREE, JR. JAMES I.. WHITE PATRICK M. WESTF"ELOT CLAUDE M. MAER, .IR. ROBERT P. DAVISON ,JOHN f"LEMING KELLY PRANK H. MORISON JAY W,TRACEY, .JR. WILLIA'" C. MCCLEAFlN ..JOHN ALLEN MOORE SEN E. CHIOLAW JAMES E. foIEGART\' FIEI.D C.BENTON DAVID BUTLER .I. MICHAEL FARLEY WARREN L. TOMLINSON BRUCE T. BUELL DON O. ETTER ..JAMES T. MORAN KENNETH D. HUBBARD ROBERT L. VER SCHURE GORDON G. GREINER ROBERT H. OURHAM, .IF? FREOIO.RICK B. HEATH H. GREGORY AUSTIN WILLIAM .J. CARNEY, JR. LoWILLIAM SCHMiDT, JR. JAMES P. LINDSAY ROBERT L. MORRIS EOWIN S. KAHN SAMUEL P. GUYTON HOLLAND & HART ATTORNEYS AT LAW 500 EQUITABLE BUILDING DENVER, COLORADO 80202 MOUNTAIN PLAZA SUILDING F>. Q. SOX l!28 ASPEN, COLORADO 61611 TELEPHONE 292-9200 AREA CODE 303 .JOHN S. CASTEL~NO Ol;:NNIS M. ..JACKSON ROBERT E. BENSON DONALD O. KINONEN RICHARD M. KOON CHARLES T. BRANDT ROBERT T. CONNERY RICHARD K HART HARADON BEATTY LAWRENCE W. TRi::ECE ARTHUR C. DAILY .JEFFREY C.PONO S. BLAII'? GAY ROBERT T, CLARK BRUCE W. SATTLER .JOHN HARKER TELEf='HONE 925-3476 AREA CODE 303 CASl.E ADD~ESS HOLHART, DENVE~ October 11, 1971 Mr. Herb Bartel Aspen City Planner p.O. &>x V Aspen, Colorado 81611 Dear Herb: Enclosed are COpies of the following documents pertaining to part of the Benedict/Larkin - Blanning transaction in the Ute Cemetery area: 1. A,B and in &>ok revised Purchase Contract covering tracts described on Exhibits C dated January 20, 1969 and recorded January 30, 1970 246 at page 530. The description of tract "c" was later and redesignated tract "C-l"; 2. Warranty Deed and Quitclaim Deed from Blanning to Bene- dict and Larkin covering tract "A" and "C-l", respectively, dated March 15, 1969 and recorded several days later. 3. Warranty Deed from Blanning to Benedict and Larkin covering tract "B" dated February 26, 1971 and recorded the same day in &>ok 253 at page 950. According to the terms of the Purchase Contract, since Blanning acquired title to tract "B" and presumably to the "Ute Cemetery" property as well, he is contractually obligated to donate the "Ute Cemetery" to the City of Aspen. Benedict and Larkin are prepared to "simultaneously" donate tract "C-l" to the City, together wi th certain additional acreage in the mound area on the East and an added sliver on the West in exchange for removal of the fence lying on Benedict/Larkin property southerly of the Cemetery's South boun- dary, all as tentatively worked out with the Cemetery Association during a recent visit to the site. Either Fritz or myself will be available to discuss this -, , A. HOLLAND & HART .-' Mr. Herb Bartel October 11, 1971 Page Two matter with you further at any time. Very truly yours, .".u1::" for HOLLAND & HART ACD:mkl Enclosures cc: Mr. Fredric A. Benedict "'-"<"0. ~-i.le(r fOl: 1"2CO:'4(1 J-;~--'!';~'r..t ':iIJ' ..... ..............) ..J , ",...." Peggy 19/0 '.?.t 11:000 1 'e-lc.::i-: , l~-1 E. Hiklich Recorder ^,' .::~! 2<", >""'() t'l V 1.'1 ""'''';"'.!l BuD" ,;,; b r""E V ~_, ,) ',.- :oJ '~.,.,",.~~~p"::lCn. No. 1~39167 < ..... c;.---- ~~ ("--='C'===--~-=-, _" - -.---.--...-.--..... --.---., TI:e pri'lto:d .i-".lrli"l': or th;~ l'~rl1\ d':\-j::cv<'d and approved tl~-; CA)iornt.!.) A~,;od;:t;oll or P'O:;l! E"tl1tt.. n'JrI.rJJ. 1%2. 'J'jlC D~n"'er B';:Ui: (If l:c:\ltoT:;. , _Jan!19J:'y- 20_____, lLQ2,_ RECEIVED 1'l:0:\L_ rrsod C, Larkin and Fredric A, Benedict ___, PUltCHA:Jr:;;: (""j0i7:t-tc""",:;-), the Sum of $S,.oOO...oO__, ill the form of.--a_check._______ oS pmt pC!.,).'m'~nt for the following described real est~ttc situC!.tc in thc~..cit..y_QJ_:_As.p"en-- . _.Ccunt.rof ---___.:..-.Pltkin ' Colorado, to v;it: as per exhibit "A", attached hereto, consisting of 2.089 acres. land described in exhibits A, B aCid C must be accurately surveyed t6 meet understanding of all parries. with all imp:i:ovements thereon. if an;>', in their present condition, ordinary WC~T and tear excepted, kno.,vn as No. . 'V:hich property pm:chr:scr ~.gre0s to buy upon th~ folJo\ving' terms and conditions for the purchz.tso price .or $AQ.,.OQO. 00 .'"J paye-bl. as fcHows:$2,.00Q,OO hereby receipted for, $2QrOOO.00 upon ___ delivery of deed as herein provided, in the fOl'm of certified funds, payable to Roy Vroom Trust Account. The balance of $15,000.00 shaU be in the form of a promissory note secured by a deed of trust of even date. Said note shall be payable on or before one year from date of closing and shall bear no interest. Seller shall convey to purchaser, by Quit Claims deed, that fract of fand described in exhibit "C", attached hereto, a portion of the" Ute Cemetary" , reserving' ingress and egress rights 10 purchasers and assisns. Price to inc1vde: , .' An-.a1.s-tK-e.~""V!-t~-t:o--et~:-d-p-:'e.Pet't)'"',-ect'H5~1;I7--c..t."t---..:j'-O;: A title insurance -poHcy as evidenced by a title commitmc~t in an amount eqm'_l to the purch~.s(; pdcc. at seller's ().p.tio..~~:W.. c:q:lcnse. shall be fun:.ishcd the purchaser (," or t'eforL-'-..Eabi:.u,ar.)L15 , 19...6..2_, Title shaH be' mcrdu:.ntabie in the sellcr4' Subject to payment or tender as above pro";"'.ided 'and' complir'!l.::e ",\'ith the othe1.' tel-m3 and cOl.lditions hereunder by purchaser, the seller shall execut:E! and deliv:?!' a good and suffident -- Warrnuty deed to said purchaser 00 or before MardLl5___". 19_12.9_, Ot";-1::rr't1.}:t"':l:td~"'recrrrC'n'b,-m-zn't'"'e"dicr-"(bfu, conve~dng said property free and clcf:.r of all taxes, including special 1'1 Improvements now ir.stalled whether assessed or not liel1s and el1ct1mbrauees 'C;;:c,-:pi7~,lo:ff'",,"El1rm,,:-h;Pl-v"':'1'T"rd; .Di5"h'icf7~s-,,~s:;n'it7lt-:;-p''<.ryab1:e-JanmU.7'"'''''r;1.s-=.:::=.:::..::,-m~Tu-bseqnent-y<3"'ars;'''~:!lti except the gcnelul tax fo1' 19~_., 'I Prea;,a'JbJct'loJna<::nue~cYep1t' l1e9s~?lOC~1"e' ecxovceePn~netasSeonf'er'c'tcso' '~doratl1edlepe' ~~e"le)t' elect;-idtY'lwater 2:nd 1. sanit21')f" ~~\Yer, etxceptt zc.ni.hg . III o' .' '-, " ' 0'..'. ~ , " ,,, mmera re"servo, ions 0 ,ne po en . , In event mineral reservations prevent purchasers from conveying lTii'!rchclillable title, then at their o::>tion this contract is null and void', " General taxes 4'.H.\!-~:;"'~o:ih""';":''J.J.l~''?el-I-{}-:.f>:.~~e!B..c-nt...J;\~6td€;'~&-e&&f!HS:l.t{j-for 19-6-9-_ (based on 19..Q_8__ I~vy nnd I 19_~_asscssmcnt), prepaid rents, water rents, seVler l'ents, fire 'and extended COVel'age irism'cmce premiur.~s, FHA I nlortgllge insurance p;emiul11s ~.nd intel'cston encumbrances, if any, sJulII be apportloned to date of d:::liv€:r;i! of deed. ! The hour :and place of closing shaH he as designated by the listing age~t. Possess;;11 of premises shaH bc delivered to purchaser. on delivery of deed . , sUa.}.Jet-t+)~1e--k>-11-.).wk.~-J.e-asoo~-te:::-n-ne!c&: - Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or per- formed by pllrchasi;r as herein provided, then this contract shuH be null and void and of no effect, and both p3rtics hereto l'dcasccl fl-om All obHgations hcreur..dcl"j and nU payments Illude hereon shaH be ret:-.incd by t~1C lln'ciel'si*~cd 'agent ns liquiLbted damages; provided, hO\vcvcr, th~~t in the e\"cnt of such fOl'feiture.any payments made h(:l'cul"JCl' shan be divided .bctv.,ecn said agent and seller', cne-.hnlf thereof to the ag-ont, bnt not to exceed ~. SUI~ eq..tt.I to the regular commis3ion, and the bakncc to the sener, '.. . . In the event the scHer :fails to r.pprove this instrument in \vriting \vithifi.-__Le..n____.~rlay.s from th~ date hereof, or"if title is not l"IlCrc11antablc tmd written notice of def~cts is gi.....en to th~~el!cl' or agent \y-:thb th~ time herein pl-ovidcd for delivcIJ.' of deed ~nd shrill not be-rcndered merchantable v;lthin 30 d::>.ys ~fter such '\v!'ittcn notice. then this c':lTItl'tlct" at pUl'ch~s(?or's option, shill be void and of no cffe~tl and each pnrt,)l hcretoshal!be released from nIl obligntions hereof nndthc prl.)"ments ma:l~, het'eunder sh~II be ri!tlll'ncd forthwith to pm"cl:Ztscr Upon return of the abstract to sc11'~l'; provided, however. that in liell of corl'ccting 5\<':11. defects,seIler nu',j.', ......ithin said 30 dlJ.)"s, obtain R commitment for Owner's Titlc Inst1rn:1ce Policy inthc amoun: of the.rHl!'chasc pr:CIJ, showing the title to be free from s~:ch d0.fCCtS andselIcl' shan pay (uU premium :for such Titblnsurancn PolLey. Upon nppl'ova! hcrr;of bSo" the s,~!tcr, this ag-reement shrill become n contract bdwccn sc-ller nnd pUl'clw.scr :lrd sh,aU inure to the be!lcitt.ef t,:hC h;~irs. Sl,CCcSS01',5 .and ~ssig-l1s of snid pnrties, /" . " ,:y '" .-o-\~' -' /", ~ \ ~'....I\- ~'l' " r./ ,....- . . /;'.,. .. .' ./Lt_ (Approvcd)_ .<7,,-,td '<'- "~ "'tL/,,~c< ,-C- Agel1t ' r~, ,,' b" ~urcJl:l.ier Fred C. Lark in . '", v /1, '. (APnro\'cd):.....1~,,4.i"- /7 ~~:,.'t" . By _~Q 'c. SJ-: ' Pu,cha", ~redr:C7\. I:lenealct , I 2'.0 ~.--::J I t1'O ahove contract ~~rov,'d this_~ "'. Q day of ,,' ~;>'e~~_c.'~t~j ,19~;'"9-._,. I' E,\~!1_;="J~,~,_~~",'- ~:;~:.;~:a~~_=:::=-==--~"::._.:::=...::~=~:;-JI r-:- .;; -, I: .;,; :':,..1 ~~ ('.);,!r;;d. (;: ;--,,:. ,... l--:;.. Ir"rJ 1'-:: ":-"_ f1'-CO> , :~ ~ 1.:13' ::":t::lr.;:,~:._ D~:,:..;..:~C'::!'J:':!_~,' j ,- -:~ i~: , , ~ -. :. ~ -B90K246 PAGE531 . ,> Purchasers shall also have the right to purch~se that tract of land described in exhibit "B", attached hereto, when seller's title to said tract becomes merchantable. The purchase price shall be $125,000.00. $40,000.00 shall be due and payable within 30 days of notification by certified mail that title is merchantable. The balance of $85,000.00 shall be in the form of a promissory note secured by a deed of trust of even date. Said note shall be'payable in 2 egual annual installments of $42,500.00 plus interest at the rate of 6% per annum" Purchasers shafi hove prepayment privileges at. any time without penolty. In the event purchasers poy off said note within ten months of execution of note, said note shall bear no interest. Said purchCfse is subject to terms on reverse side hereof. Closing to follow delivery of title policy within 30 days. . . - -. . ~ , If seller acgui;esmerchantCfbl~ title to the tract offand described in exhibit "B" and the adjacent property known as "Ute Cemetery", he agrees to donate that portion known as '''Ute Cemetery" to the City of Aspen. - Purchasers agree to donate that tract of land described in exhibit "C" to the City of Aspen simu ltaneously with seifers donation of that portion of land known as "Ute Cemetery" , os noted, rezerving ingress "and egress rights for themselves and assigns., ' ,_' ' > ~ ~- . ..~ . r . "" ;". / I , . " F'). '- " i ~ ~ ,-_.... '[-- '. .' , . '- C;C) ,.' Exhibit "A" BOOK246 PAGE532 '-' , A tract of land being a part of Lot 7 in Section 18, Township 10 SOllt,h, Ran[..;e 84 West of the 6th P.M. according to the Official Plat of the Survey of the , said lands returned to ,the General Land Office by ,t,he S1.lryeyor, GeQeral_ which is, mo re_fully, desc ribed as follows: From Corner No. 901' Tract ~ of the East Aspen Townsite Addition (a fiLM brass-cap in place) thence N. 000 21' E. 299.50 feet along line ~-8 of said Addition to the point of beginning; thence N. 500 39' W. 218.16 feet to the \'lest side of said .. Lot 7, thence N. 000 55' W. 366.92 feet along the \vest side of said Lot 7 to a point on the South boundary of Lot 8 in Calderwood Subdivision; thence N. 670 53' E. 27.68 feet along the South boundary of said CalderwOOd Subdivision; thence N. 480 49' E. 32.33 feet along the boundary of said Calderwood; thence N. 210'221 E. 93.60 feet along the boundary of said Calderwood; thence No. 420 521E. 41. 00 feet.o along the boundary of said Calderwoodjthence S. 61 27' E. 75.58 feet 1\longthe boundary of said Calderwood to line 8-9 of said Aspen Addition; (this line being the East Side of said Lot 7); thence S. 000 21' w. 618.02 feet along said line 8-9 to the point of beginning, Containing 2.089 Acres, plus or minus. - , / .-', ',."""0' YJ," 0'00 - ( " ,', e" ..,'. " '< , ., -. "_e._,. _"___.,,_ ,_ _ _.__.__.._..__. " '.,., .. . ~ .--..... ~ ',~ , ~' c , t"', -...../ - Exhibit "B" , 2.46 r:;:r'n BOOK 'i PAGE l.MJ Beginning at a point onoline 1-2 of the townsite of AS'p'ew which ,bears N. 28: 28' E. 150. 50 feet from Corner No, 1 of said townsite (a,' 8LH brass-cap :in place); tl1enc-e 'N. '280 28' E. 134.56 feet along line 1-2 of said townsite; thence N.890,36' 12" E. 382.55 feet to the most Westerly :common corner of Lots 6 and 7 in Calderwood Subdi-- '. . vl.sl.on; thence S. ;" 'said 270 06' E.35.00 ,subdivision; feet along the,boundry of thence S. 28~ 30' E. 58.02 , said subdivision; " ?: ,':_" c~ :-:: ~~,' 0 ~ .' ~--__",_ thence S. 69 49' E. 31.14 .' ,said' subdivision; . feet along ,the boundry of v. f.eet along the boundry 6f ".." thenceN. '670'53; E. 85.52 feet along the boundry of said subdivision to the \vest side of Lot 7 of the BLH subdivision of Section l8,T. HI s., R. 84 w. ofthe'6th P.H.; . " , thence S. 000. 55' E. 366.92 feet along the ,vest side of said Lot 7; thence N. :soo 39' w. 301. 41 feet; C;\Q'1/' ',' "'\("-'.-~',:" 250 -~'.~I!. " thence S. 30' W. 323.42 feet; -;,~ . , d thence N. 270 04' 30",W. 283.03 feet; thence N. 330 39' W. 186.72 feet to the point of begin- ning. Containing 4.287 acres, more or less. ~ '""', -/::1-'r" C7,a,Q - ) " .. . ',':. , , _._._---_._--~--...._---_._-._. .,---- --_.. ...__.. --..--.-." ..,', '."",----" ~,~"'" \, ~, - ^ I .... .' ~ "-'J . . .-.-....._,..,~_.,. ..- . '''_''.m '~'_._'_____.__.-... ~./ -....... ~.. " ,.' , ~, () 'Exhibit "c" .?"' " "--, " ';:9>( ','""",1 '" \,' ttt. " ) (' "rt" ,/l' M,~ p ','," I ,/1', t>;')'" . C ;;df!' . """ J < ; , ri-,,~ ,'; ~ ~,; J-''''V,/< "'" ,;1 >i...O PA GE $-=-"\3".1[ 'A tract of land being- a part of Lot 7in Section 18, T. 10 S" R. 84 0. of the 6th P.M. according to the' Official Plat of the Survey of the said lands returned to the General Land Office by the Surveyor General which is more fully described as follows; ...,..,. from Corner No. 9 of Tract "B" of the East Aspen Townsite Addition (a BLM brass-cap in place) thence N. 000 21' E. 167.16 feet to the point of beginning; -- thence S. 890 06' W. 163.54 feet along the South side of said Lot 7 to the center of Section 18; thence N. 000 55' w. 273.27 feet along the West side of said Lot 7; -....-.- 500 . thence S. 39' E. 218.16 ree,t to the East side of said Lot 7; thence S. 000 21' w. !32.34 feet 'along the East side of said Lot 7 to the point of beginning. 'Containing 0.77 acres, more or less, ,.',' j. .,'t " , . .... I, .. ;-: . . '. ";~':__4t""""""'" "',. i.:I \ . --... ROt'o.n:i0'j ~t...;~.'~<.:;.:.:.L.."~~.o'e1ock...~?':.:.....:M., .;;.;.:~/L.-.;':,J~,~;.'i;:t .\_...h..__;..,-'.;...,_..... ..';n........__.. 'R . N.."....,' \.,,\y,I;~\t.., ......., eccptlO!1 0., :...'..;;.......;..:..:.... .................__......__..........._. ...........r- .. .1,L...........Recorder. ,..". :.--' Tms DEED, Made this day ot 15th March ,1969 between JAMES C. BLANNING, JR. \\ ", \'" f'\)" , oj...":\ ....~t",,~-. . --'-. ~'" of the 'Countyof Pitkin and Stateo! Colorado. of the 'first part, and FREDRIC A. BENEDICT AND FRED C. LARKIN ot the Pitkin County of and State ot Colorado, of the second part: WITNESSETH, That the said part y of the first part, for' and in consideration of the Bum of TEN OOLLARS AND OTHER VALUABLE CONSIDERATIONS _ _ _ " ... _ __ ... _ _ _ _ ~Y:n'''-Il0( to the said partY of the first part in hand paid by said part ies of the second part, the receipt whereof is hereQyconfessed and acknowledged, 00 S granted, bargained. sold and conveyed, and by these pree:entsdoes grant; bargain. sell, convey and confirm,unto the: said parties o.fthe second part.theikeira and assigns for.. ever, all the follOwing deacribed lot Or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to wit: See Exhibit "A" attached hereto I I . ." TOGETHER with ail and sing'lllar the hereditaments and appurtenances thereto belonging, or In anywise 1 appertaining, an'dthe reversion ,and reversions, remainder and remaindel'lf,~rents, issues~ and profits thereof; and &lll the estate, right, title, Interest, claim and demand whatsoever ot the said party of the fil'lft part, either in law , or equity, of, in and to the above bargained premises, ,with the hereditaments and appurtenances. ! TO HAVE AND TO HOLD the said premiaes above bargained and described with the appurtena."ees, unto the I said parties of tho second part, theirhelrs and assig'lls forever. And the said party of the first part, ' , for him .el f, his heir., executol'lf, and administrnto..., do es eovenant, grant, bargain, and agree to a.nd i with the said part/y of,the second Part,th.eill1eirs and assigJlll, that at the time of ,the ensealing and delivery , I of these presents, he is well seized of the premises above conveyed, aso:tgood.sllre, 'perfect, absolute and I' Indefeasible estate of inheritance, In law, in fee simple, and ha s good rig,ht, full power and lawful authority regrant, bargain. sell and convey the same in manner andfonnas aforesaid. and that the same are, free imd clear from all fonner and other grants, bargains. sa~es, llens, taxes, assessments' and encumbrances of whatever kind or nature soever, except taxes for 1969 payable in 1970 and except mineral reservations of the patent " and the above bargained premises.in the quiet and peaceable possession of ,the said parties of the second part, the ir heirs and assigns against all' and every person __,or. persons lawfully claiming Of to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha s hereunto set his band and seal the day and year first above written, .............n..................nn....un................. .......... ..........................., . ~ (SEAL) .................. ......-................................................... ........~.(SEAL) ..........n_........,.................n......................__...................................., } 08. "..,.............,.. ..~...........h..'h,.............. (SEAL) I I' II I I I t STATE OF COLORADO, County of Pitkin ~.fl)~~<:.~ ~t;$~ment was acknowledged before me thb 15th darof I~ ,,'I , 'leI' ,:n",.sc. BLANNING, JR. I!"">l:><""'_ "'~,es ~ ~ 19 7 I WItness my hand and IeIal seal (,..):~L~~.......a,......~.....n....,...:...........: Notat}' Public. March -~""'. "'~-_."- --.--".....--.._,.._,. No. 'w'W..t..litRA.NTYUnD..-Pot Pltll4~hJcR.cord. -Bradford Publ1li.hins 00:, '182143 Stoat Stroet,:DoODver, Colorado :\,. <J '" J: ., "....", ^" ~ EXHIBI'f "C;"l" A tract. of land being a part of Lot 7 in Section 18, T. 10 S., R. 84 W. of the 6th P.M. according to the official plat of the Survey of the said lands returned to the General Land Office by the Surveyor General which is more fully de- scribed as follows: ' From Corner No. 9 of Tract "B" of the East Aspen Townsite Addition (A BLId brass-cap in place) thence N. 00"21' E.16.56 feet along line 9-8 of said Addition to the point of beginning; thence S. 89"07' W. 181.11 feet along the South side of said Lot 7 to the center of Section 18; thence N. 00"55' W. 441.48 feet along the West sid$ of said Lot 7; thence S. 50"39' E. 245.54 feet to the East side of Lot 7 being line 8-9 of said Addition; , . thence S. 00"21' W. 282.94 feet along said line 8-9 . to the point of beginning. Containing 1.537 Acres plus or minus. ~C:1h- . ...'-'-'-;'-"~-:-----'-'."""'-' ? ",.coodd at.......l.2_,'~....n.~'clr>Ok..n..A.:L, n..'.n'.I.,,!?.,}:!o..,J9ZL....,........,...._...._~... ';:'7;'-;,; ~; ;[1 Reception No..~.~:_~_' ,~'.....____..._... .___m~_~.~~;.~...~_:._~~.~.~~.~.~.~.:~, ^......__hRc':o!"\1cr. BL:Ui\ (/1-1 0 _.. __.~ r~~IS ;:E=:n':'~l~~"~~ nn~~~:~'l~~'aY~f r: br :~::;70=:~=;~ -=="==,===., I betvloon JAMES C. BLANN lNG, JR. o!the Sli.Tf. r](~r,~:,;rARi f~f County of Pi tkin p,ud State of Colorado, of the first part, and FREDRIC A. BENEDICT and FRED C. LARKIN, i as Tenants in Common, I of tho County of Pit kin and State of ~ Colo~'a6:'oJ c! the second part: WITNESSETH, That tho said part of tho first part, for aM i" consideration of the sum of Te n 'ollars ($10.00) and other good and valuable considera tion -- R~OO~ to tho said part y of tho first part in hand paid by said part i,es of the second part, the receipt wboreof is hereby corrfcssed and ackO.owlcdgcd, ha s granted, bargained, sold and conveyed, and by the;;;e presents does gr~.ntJ,barg2inJ sell, convey-and ccnfirm, unto the'snid 'Part ies of the second part. the.Fi:irz and assigns for- G"cx. all the following described lot or p&fcel of land, situate" lying 2nd being in the I County of Pitkin and State of Colorado, to wit: That part of Lot 6 in Section 118, T. 10 S., R. 84 W. of the 6th P.M., described as follows: II, BEGINNING at a point on line ,1-2 of the townsite of Aspen which bear N. 28028' E. 150.50 ft. from corner No.1 of said townsite; thence N. 28028' E. 134.56 ft. along line 1-2 of saiq townsite; thence N. 89036'12" E. 382.55 ft. to the most westerly common corner of Lots 6 and 7 in Calderwood Subdivision; thence S, 27006' E. 35.00 ~t. along the boundary of said subdi~ision; thence S. 28030' E, 58.02 ft. alon the boqndary of said subdivision; thence S. G9049' E. 31.14 ft. alon the boundary of sa~d subdivision; thence N. 67053' E. 85.52 ft. alon the bouildary of said subdivision to the West side of Lot 7 of Sectio 18; thence S, 00055' E. 366.92 ft. along the West side of said Lot 7 thence N. 50039' W. 301.41 ft.; thf:nce S. 25030' W. 323.42 ft.;' then e N. 27004',30" W. 283.03 ft;; thence N: 33039" W. 186.72 ft. to the Po:nt of Beginning containing 4.287 acres mpre or less, TOGErfB.ER W11h all and singular the hercdit..1.1nents arId appurte,naoces. thereto bc1o:ngillg, oX' in s.nyWige e.ppel.'iatni:r...g, . ~nd the reversion and reversion.s. remaindc! 8.tld:I.'et.'1R5nde.r~. rC11ts.issues and p:!;'ofits. thereof. aad all the esic:ts. right, title. i.n.terest~ (~laim and demaJ."'ld whatzcev0:' ,,1. th-ssr.idpart y of the first part. ei.thc:r in law I or cQti.ltS. o.f_ in r:..r.d to the ,:J.hove bargained premises, wZth the l:.el'cditam8nts end appurte"i":.l:mczs. I' TOUAVE~lNJ) TO HOLD tllG said pre.mise~ ab()veba:rgain~d and cle.z.crib6d with the :;.ppurt~nanc.;3. unto the s:lid part i e s of t.he ~ccond part, the i b:a:rsa!1d assign.s forever. Andthasaid party of the :first part. I 'for him st'l f,hi.s l1(;trs. executors, tmd. ad~lirJ8tl'AtOj:s.d(les. covcn~t,grantjba:('r;Rin.~d tl,gt'€3to and ' 'with tlt~ Mid pa'{,icsof the ""cond part, tne 1 heirs and assigns, tha~"t tl,o.t"n~ of tl:e e,ueoling and delivery I o~ these pr~::.snb,he is wellf!eizca of. the pr;7:m.ises:,nbovlJ,eonvcyeo,.'l\S,of g,jod,sure, perfect, r.bsclute and L'"1de:fe-r..sible ut;:;t~ilofillhe.:ritaT.cel' in In.,..., l:..'1 fee simple. rmdha.s good tight. full ;P'~W€2' rJld,-IawfuI authority to gTan~.bargain,s{j:l1and conyey the c.a:.na iu mallnet and formas'cl'ore(s~1.id,~md that the same arefreo and cleM' from all!ormer andoth\~r grants, bargains, sn1es_ Hen:!'. taxes-,'s.sse3smelits 3nd(.mcumlj!'an';el~o-Iwhatever khl.d or natura soove:., except general' taxes and assessments fo!' the year 1971 and subsequent years, and except reservations and exceptions con- tained in U, S. Patent recorded in Book 17,,) at page 299, and /except burdens of existing special service districts. I" , " Ii aT1d.th~ ~bov(, l'3t';:c,!ned premi:cs in th~.quil;t an,d'lJc8.e~able possession -of t~6'said part~.~s of , the. second part, lJ the~l nel:tg :end ag31g1l13 aga-lnst aU and eve,ryper.:wn orpeTSOY.l-'i lo.~fu1!Y,cl<.~nn.ulg or toclaUll tbe whole II 0: ,,,,.,,psrt thoroof,tne ""id I',.rt y o~ the firstpartsh"U and willWAIUlANT AND .B'OREVER DEFEND. i' IN W1.'i'NE~S WHF.!l.EOF, th~ "aid part ':( of tho first part ha S ,te,reunto set his hon1 ;1 end se,,1 t,"O d~l' and yesr f>rst abovo wntten. (( ,_~n'n_, (L II ______________________ ~<;:cPB;~'*;;;~~:""5*'A" I' ..........,....................................................,..................................... (..,..)-.................,........,..,.....,.........................,........"...",..,lsEAL) II ................................................,.,....,........,................, (SEAL) II "''''''''',,;,,!5'."A'l'}] OF COLORADO, } ".~ . ..(.,. ., ", "\1' h ,I" M. ..' \'vv J,/~, CO\J',ty of Pitk'l1 II ..,;-<.. .....'~_"..r.........::;1 '?.....,':, - ... . ~.... ..' II . "'{['l~i:i' t(>:;.~f~(lLag...in"i~{:(qle.ut wn..~ ndmowleegcd before mo this 26th day of February J ! .i9;~1;1,~~rJJ;I~}~.~~Ja'~t~:~(L Blanning; .Jr. I I :. """"Y .C.'JI.:'i"lDJ,!,~'J('\n (i:q.)7.t~, lr'1.'1CommhSlonexplresF~)b. 2C~ 1<"1~ .. WitnCZ9 Ta:r h<:11~.("'n1IJf!;eia1 seal. II ~"E;,~ ,\' : ;:3'0,' ',76;' ...4~.. ;.:/''- ~. I .r'):-" i (.'ll \ '1.J : 1',"'1'':('" /t '2 1".1:/~~- I ......>:,;..o:.....l _.J. ~ .~. ^-::"",'~ .7 (k,. r y , ;,J/ !'/ "~'I ',>'", .' ~;t " .......'..........................7....-' T7,l:: .......v.:'....'(~'....N~;;;~;;';;~;;ii;~...... -,~~~............~..-:-..~ '!{::.1.....~.. ~ ' I ...~,;.,.1t;'t~~~~;~;~..;.~ ! \ ".,,' " 'I ~::=;~:;.~~,~'::~~:,~~~:::,;~:'~~;;;:~;or ;h~"~~:.>.."..;;,~~~:~~;,::-~~;L"n~~~;s;z{. ~u~ ;t~:;;:-;;-:~:;:::,::~~~'O::::~;~.":::...::'= FEB~;:::1971 ~.._...L;;L...S..P_.~ ;1 r-, it/ 'vdI ~ ASON\ ~A& / if V'\.ORSE REAL ESTATE,INC. ,~, 'i. Vlr/\"l;. BOX Q ASPEN, COLORADO 81611 303/925.7000 July 26, 1971 SNOWMASS OfFICE, BOX 5039 WEST VILLAGE BRANCH ASPEN, COLORADO 81611 303/923,3020 City of Aspen Planning and Zoning Commission, and Mr. Herb Bartel, Regional Planner P.o. Box V Aspen, Colorado 81611 Dear Sirs: It is hereby understood that the owners of the Hoag SUbdivision will not be issued an occupancy permit until acceptable sewer connections are made and the responsibility for funding the sewage improvements lie with the land owners and not with the City of Aspen or the Sa~itation District. 'V)?MrUk//J~~, PAMELA BURNFORD ~'I'-\.-ASSO ~.,^~"(', ., .~ ),':' SALES RENTALS HOUSE CARE MANAGEMENT E. W. Morse, ;iroker r-, i,/\d\~ASON\ /1'''''-=--7\ ,r', 8, / t/\.:.I\i:ORSE REAI.IESiAT!E,iNC, ,-., BOX Q ASPEN, COLORADO 816;' 303/925.7000 SNOWMASS OFF;CE. 60X ~C:;:' WEST VILLAGE ORANC" ASPEN, COLORADO 81611 303/923.3020 July 26, 1971 City of Aspen Planning and Zoning Commission,...... and Mr. Herb Bartel, Regional Planner P. O. Box V Aspen, Colorado 81611 D,ear Sirs: It is hereby understood that the owners of the Hoag Subdivision will not be issued an occupancy permit until acceptable sewer connections are made and the responsibility for funding the sewage improvements lie with the land owners and not with the City of Aspen or the Sanitation District. /! ~ 1:.. r1L II I~ ~j/i'/ ,V~~ FREDRIC A. BENEDICT SALES RENTALS HOUSE CARE MANAGEMENT E. W. Morse, Broker .-..., JV\ASON\ · r-N\tORSE REAL ESTATE, INC, t........ , UI 1,\..0... BOX Q ASPEN, COLORADO 81611 303/925.7000 July 26, 1971 SNOWMASS OFFICE, BOX 5039 WEST VILLAGE BRANCH ASPEN, COLORADO 81611 303/923,3020 C;ty of Aspen Planning and Zoning Commission, and Mr., :Herb Bartel, Regional Planner P. O. Box V Aspen, Colorado 81611 Dear Sirs: It is hereby understood that the owners of the Hoag Subdivision will not be issued an occupancy permit until acceptable sewer connections are made and the responsibility for funding the sewage improvements lie with the land owners and not with the City of Aspen or the Sanitation District. SALES RENTALS HOUSE CARE MANAGEMENT E. W. Morse, Broker "...._-'-.~"._~,..,~.... r". ,:) \,,/ ~ASON\ ~-'P& / f'~ORSEREAlESTATE.INC. ,f""\ .: , Vi j i"L BOX Q ASPEN, COLORAOO 81611 303/925,7000 July 26, 1971 SNOWMASS OFFICE, BOX 5039 WEST VILLAGE BRANCH ASPEN, COLORADO 81611 303/923,3020 City of Aspen Planning and Zoning Commission, and Mr. Herb Bartel, Regional Planner P. o. Box V Aspen, Colorado 81611 Dear Sirs: It is hereby understood that the owners of the Hoag Subdivision will not be issUed an occupancy permit until acceptable sewer connections are made and the responsibility for funding the sewage improvements lie with the land owners and not with the City of Aspen Or the Sanitation District. I /) ! '/ ~!~ ~ 'ofef;--. !. , . !. ..' '. '. . . .-: j ,"1" ~ .. ... . , .. .". . ROBERT HOLT SALES RENT.L\~S "I")) IC':<:,:" 1""' ~c !:':"i\,..... :~ /Js"'.,,,,\, I", ' ~ 1"", 1/ V\.ASON\ /MORSE REAL ESTATE,INC. "-', ")1.(1,,.: BOX Q ASPEN, COLORADO 81611 303/925.7000 July 26, 1971 SNOWMASS OFFICE, BOX 5039 WEST VILLAGE BRANCH ASPEN, COLORAOO 81611 303/923,3020 City of Aspen Planning and Zoning Commission, and Mr. Herb Bartel, Regional Planner P. O. Box V Aspen, Colorado 81611 Dear Sirs: It is hereby Understood that the owners of the Hoag SUbdivision will not be issued an occupancy permit until acceptable sewer connections are made and the responSibility for funding the sewage improvements lie with the land owners and not with the City of Aspen or the Sanitation District. ~nv-^~(~T THOMAS MCCAULEY ". , .. SALES RENTALS HOUSE CARE MANAGEMENT E. W. Morse, Broker """" ~ TO: Herb Bartel, City Planner July 22, 1971 FROM: Albert Kern, City Attorney RE: Hoag Subdivision Suggested wording on plat of Hoag Subdivision: "No building permit will be issued by the City of Aspen for any lot within this sub- division until a commitment has been enter- ed into with the Aspen Metropolitan Sanit- ation District for an extension of a sewer line to serve the lots within this sub- division." AK/pk -- ,-, -, MEMORANDUM TO: Herb Bartel, City Planner June 21, 1971 FROM: A. Kern, City Attorney Re: Hoag Subdivision _ James Blanning Relative to,the filing of the Hoag Subdivision by Jim Blanning with the City Planning and Zoning Commission, I have ascertained the following facts with regard to the possible violation of the City Subdivision Regulations. 1. Subsequent to Mr. Blanning's receiving con- veyances on a tract of land which is now part of the City of Aspen, the County of Pitkin resist- ed a quiet title proceeding filed by Mr. Blanning. Following the filing of this action, Mr. Blanning entered into option agreements with several parties in 1967 and 1968 agreeing to convey market- able title. The descriptions in the option agree- ments were by metes and bounds description. .~ 2. The City of Aspen annexed the property on March 20, 1967. 3. The District Court held title to the property in James Blanning and upon appeal by the County of Pitkin the Supreme Court upheld the District Court's decision. 4. Mr. Blanning filed a preliminary subdivision plat in February 1971. 5. No tracts of land have ,been conveyed by Mr. Blanning to this date. The City's Subdivision Law of 1966 and the new Subdivision Law of 1969 provide that a subdivider who subdivides two or more tracts of land, anyone of which is less than five acres, must comply with the Subdivision Regulations of the City. Because of the facts outlined above, it appears that although Mr. Blanning did not strictly adhere to the Subdivision Regulations it is at worst a technical viol~tion, which is being corrected r"""'\ .-, by adherence to the present City Subdivision Regulations. It further appears that the proper filing of the subdivision plat, meeting the other requirements of the City's Subdivision Reg- ulations, would cure any technical violation committed by Mr. Blanning. AK/pk -2- ~ ~"W4,1'::,.i'~,'j,">';"~' r,'-,\,,,,,_ """, ,-t ""*,,, ,~ -""" RECORD OF PROCEEDINGS 100 Leaves rOR/lllO C.F.HOeCKELI.e.al,..C(I. J0~e:-- ~ I ( \1 \ P & Z, Reg. Meeting 6/1/71, continued. the motion only pertain to this one lot." Chairman Molny - "It is proper', Jim, for you to amend the motion. I have a comment on the motion as it stands. I feel the motion is arbitrary and expedient. The essence of what we are doing here is the fact that those pieces of land have not as yet been built upon. And the only opportunity to evaluate this lot and all the rest of the lots is before they are built upon. Mr. Worth has said that it is to bad that we didn't to this four years ago because he would have cooperated with us even more so then he has so far. I think we should take the attitude that we should not try for the ideal right now." Adams moved to.amend the motion to apply to only Lot 12. Seconded by Harland. Roll call vote - Adams aye; Tharp nay; Harland aye; Goodhard nay; Collins nay; Molny nay. Motion dies. Main Motion - Roll call vote - Adams aye; Tharp nay; Harland aye; Collins nay; Goodhard nay; Molny nay. Motion dies. i i i I j I I I Tharp moved that the Commission recommend to the Building Inspector that a building permit application on Lot 12 be denied based on the City Engineer's report and inconclusive evidence regarding possible flood danger. Seconded by Collins. Roll call vote _ Goodhard aye; Collins aye; Harland nay; Tharp aye; Molny aye; Adams aye. Motion carried. -i Chairman Molny stated to Mr. Worth the Commission would cooperate in anyway possible to obtain a solution to this problem. Mr. Hal Calrk, County Building Inspector, was present and request the Commissions assistance in obtaining authorization for a flood plain study in the County. Area east of the City limits will affect the area inside the City limits. Chairman Molny request Mr. Clark notify him as to when the request is to be made. HoagSubdivision - ChairIl\8n Molny stated he would be abstaining from discussion and voting. \JIlL Mr. Bartel explained this meeting is not to review the 'plat but to see that all conditions made by the Commission at the time of reviewing the preliminary plat have been met. .-r.::~,- ns as Qutlined in the minutes ((;i ;:br~~~y 9~ ere reviewed. Commission rev~ed .!IIld noted e corres nd in the fUe with the Burea.,. of Land Mana ement relating to access to lots. Mr. Blanning stated although the City Engineer's letter i ,1f'1rf .A;.--. ~? ~ /-9- ''''ii ""',"," "','i'''''-'''"''''~''"7''' " '.,"" .:::::3'::::.:'; :,:~;,;.;;;;;';;;:'~i'tl'i;~;;rr''''':'' c, " ....' '-'::':':'~';:':~"~~'~i\:::~:;::Z"i,";'-':;"";> :,~~s.;;:;;;-':"'::';"'ik~' -', -, jl~,~.,,,^<;~;",,~.;r.;"'ii<i1t:;,;;.; ;,:' C;u",...-i.V;;;,""'-' "'~'-~':W\i!'}j!;:~i.~~'''' ',~,< ~i~;";'~i~x.i8;'~i:~;',~_" "_,,:~,; "...." . .,~.,.",. - ..,,--~ D:..,7"i'.f'" " ^ ,-., , ) .' RECORD OF PROCEEDINGS pr.-'-'0cn ;"',',' " -- ,QllllO C.'.HOttKELB.8.& L..CO. " "" ~,. ~~"" ~::_ '_, _ '" '.' --..----:--~g, -Reg-.-"Meeting, 6/1/71, continued ~I:'~eat~Ctha.t:-,a.:,lQ.-Lstrip along Ute Avenue should be dl'!dicated, the Commission previously agreed the 10' strip e8&la2be~reversed at this time for the eventual widening of Ute Avenue. C-DG,,~:7::_2- . 100 Leaves R~tae!ve~to avalanche danger, Mr. Blanning reported he hade~dnti6ted:engineers who state they would have toknoe WfiiF'fs ~oirigto be built before recommending protection tiiE?rsures;' C,', ". And ::C~t:' ,C'- _' . -,-. ~,. Mr~ ~tannfng:submitted two letters relating to the serving if! :thfi':areawith utilities: City of Aspen and Metro s4'ttttit:l:on bistrict. Letter from Metro states they will ~~edi'commitment from the property owners prior to Uvt~i-approvalto service this area. Mr. Blanning iBfted1fcrly'Cross has agreed to service this area, but Z;;;~(~~tl::~t::t:;:,::,:::hJ ~l'=i"" stated. he hti~-providedontheplat 50' easement along the railroad J?tghf afway. A:S=~eial:'Eii 'to the legality of selling lots prior to sub- cfi'Vitfing,' Mr. Blanning stated he felt the Commission licit.ihf'obt:ain an opinion from the City Attorney. Mr. Bartel stated he had talked to Mr. Kern, City Attorney, who Sj:a't:ers-hewould need the background material before giving thli.Commission an opinion. The burden is upon the applicant i&~piOvid~to the Commission evidence that the regulations hi~ not' been violated. flocc Cc;-:":;"::~ ~~tary called Mr. Startup of Holy Cross and reported Hb1~:drOss is requiring a 15' right of way on the exterior boundarys ,of the subdivision and 7-1/2' on each side of r...,. ~ _._,_ _, ,_ the"'interior in order to protect Holy Cross. coonE:Y.:. :.-:' __ . Discus'sed requiring Ute Cemetery to be shown on the plat, even ~hough it is to be deeded to the City., Mr. Bartel statea~the:reason for showing this on the plat is so thQt there:is a metes and bounds description. a '''::::-.,~-::::",::_,,: .~ . , 'V ~ ~, ",,~' __ Auams)noved Ut:e Cemetery be included on the plat. Seconded by Goodhard. :-.:"::-:- C: .~: - . -,,",,;:;' : .. -,-'- .- -- ~ ... Harland stated there could be a separate plat on Ute Cem~tery;Commissicn request this suggestion be discussed with'the City Engineer. Roll call vote - Adams aye; Tharp nay; Harland nay; Collins at~;:900dhard aye; Molny abstain. Motion carried. I I i Adams moved that this plat be amended to include the rights of way being required by Holy Cross in case underground utilities do not go ia and Mr. Blanning write a~~~story of this property before Mr. Blanning realized o~~~Sh~p of the property and submit this to City Attorney Ketn':arid Mr. Blanning be available for questions from Mr. K~z.:n. ': ' . -~'. ~ - ~. -10- ''''""'',"",1 . '~" ~ -"7'"-....-..",.,_~-.__~,_,_...............' , ._-~....,.._""~ .~''',~ ':'--,,-- ......' , ..... ' " , ",,-,;,:, '. :___~',^,,'''''& ;i'-'.l.l.,,:,,--,,".:,~..'.~b.t; -;";';"~:'f~";;;"":~',~"'ir:"-i.i,,;';'''':.P~lii<,,,,~...~'''''~',..'':'\',...~"",,,.., ',.' ,<, ;"-"'-";; ""~~."'-":i~",, '''''-..,.., .;;,,:;,;;;1;,.,."'-' 0"',"0 _ ~ ~~- ^ ..-., ~ RECORD OF PROCEEDINGS 100 Leaves Fog It e. '.Il>:l[CKI:LB. ~.a: L. co. P & Z, Reg. Meeting, 6/1/71, continued. Seconded by Harland. All in favor, with exceptions of Collins nay; Molny abstain. Motion carried. / Chairman Molny request the Secretary clear with the Chairman before Hoag Subdivision again appears on the agenda. Tharp moved to adjourn at 6:50 p.m., seconded by Collins. All in favor, meeting adjourned. ~~,L~ ' Lorraine Craves, Secretary ! I 1 ,j I I I , J I j I I ~ I "- I i , '!}"',"~~:',"~:~'!P'."lQ/ 'i~",,;-~,~~7:~~'V"" - """,,",;:> "',":'7"'",,," ;"',;,r,~",,....,,~:l,.,1... """',:.~, ,,, ,~,' __ "~, '__,",: ~ ,.,''''' -""" '..'.'.-- V!'~;~ ,.-,'._. """"c',;,;,',-;;,,,' ,'0;,'. ',,;'~:' ~ ~~ ;"';' ~" ,:~,'.2:,,<, ',:"~ ~"';:"";;', :'i~,,--;;,,'w.,',<<,' "';;:" ;';"'~~~'~~:;:d-~......{,k,L "-, "" ,""'" .~ yj~~ ~ May 21, 1971 Mr. James Blannings P. o. Box 43 Aspen. Colorado Dear Jim, Enclosed are the conditionstbeEngineer has COllllnentedon to the Planning and Zoning COmmission, and that must be met. Please check the IlIOtlon in the enclosed minutes ,()f the P & Z for other conditions that ll1Ust be met before ,the final plat iss~btnitted. COJ:'dially. Herb Bartel Regional Planner HB/db encl. ~2) r' " i A, /,....", May 21, 1971 TO: Herb Bartel, Regional Planner FROM: Charles R. Gilkey, City Engineer SUBJECT: Hoag Subdivision I discussed again yesterday, May 20, the necessary changes and information required on the plat of Hoag Subdivision with Mr. Blanning. I have the following recommendations and comments relative to the same for your conSideration. An additional ten foot strip should be platted along Ute Ave. and should be dedicated as a street for widening of Ute Ave. Cross sections and profiles along Ute Ave. and the proposed access across the B.L.M. property will have to be furnished and proof of ownership across M.S. No. 5190 New Foundland Lode will also have to be furnished. The area in Lot 3 is subject to slides and a letter from a registered engineer (State of Colorado) indicating that the proposed dozer road designed will eliminate any danger to bUildings or structures on or adjacent to this particular site. Also, it will be necessary to show and plat the Ute Cemeuery property which Blanningproposed to convey to the City along with the necessary documents for said conveyance. CRG:jgm ,- -- -- -- ~, , \ ,'J/ May 18, 1971 fd~ rs UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT GLEN WOOD SPRINGS DISTRICT OFFICE P.O. SOX 1009 GLENWOOD SPRINGS, COLORADO 81601 IN RE~LY REFER TO: C-1719 R&Pp Mr. Herb Bartel Regional Planner City of Aspen Box 5 Aspen, Colorado 81611 Dear Mr. Bartel: The development of access across public lands in the vicinity of Ute Avenue (extended), appears to Conform with the Develop_ ment Plan submitted with the Recreation and PUblic Purposes Lease APPlication by the City of Aspen (C-1719). / The Development Plan was approved with the lease, therefore, no formal application or additional approval is required to c_on~~ thp P~osed access as outlined in your letter of ~y 12, 1971:-_~ -.,.-"-._~_._,_.. Sincerely yours, ~~a~ John C. Clark District Manager ":":. ..~ .~ May 12, 1971 Mr. Stewart A. Wheeler Bureau of Land Management Oepartment of the Interior P. O. Box 1009 Glenwood Springs, Colorado 81601 fJear Mr. Wheeler: The City of Has leased B.L.M. land on Ute Avenue extended (C-17l9 R & PP). A portion of the subject land is now being used and maintained as a city street. The City now wishes to make a request for access. The access will be used to connect a street and trail utilizing the old rail- road ROW, and it will serve a proposed subdivision. , I have enclosed the description of property for which the access easement is requested and a map showing the general location. Please let me know if additional in4illllmation is needed. Cordially, Herb Bartel Regional Planner HB/db Encl. (2) c .--- PEN box v March 1, 1971 Robert Holt Box 1473 Aspen, Colo. 816ll Re: Hoag Subdivision Dear Mr. Holt: Please find enclosed a copy of City of Aspen waterline specifications as per your request. I would also con_ firm the fact the City will allow you to tap onto the City water system provided the proper tap fees and specifications and requirements of the City of Aspen are met. Such conditions would be based upon the City requirements, fees, and conditions in effect on the date of application for which such water taps as are required. If you should desire any further information, please feel free to contact me. Very truly yours, tl~f Charles R. Gilkey City Engineer CRG:jgm Enclosure ,,\ \ FOlIM 10 e. F. ;.IO€CK€~ B. u. It ~. CO. 1""'\ ,........., RECORD OF PROCEEDINGS 100 Leaves Regular Meeting February 23, 1971 Aspen Planning and Zoning Meeting was called to order at 5:00 p.m. by Chairman Robin Molny with James Adams, Vic Goodhard, Irwin Harland and William Tharp. Council Resolution 1f2, , 1971 Minutes Hoag Subdivision .- ~---"---'.'-"-----'--~'.'_ ._____.u__..___.... .-...."'.----,- ----.---..___,.-..___ .__._.___._n._.m'_ Council Resolution #2, Series of 1971 ~ Chairman Molny reported this resolution adopted by Council provides for rules of procedure for Council and City Boards and Commissions. Commission acknowledges these rules and will follow same. Chairman Molny outlined the agenda and changes in the agenda as submitted. Tharp moved to approve the minutes of February 9th and 16th as prepared and mailed by the Secretary. Seconded by Harland. All in favor, motion carried. Charles Collins arrived. Hoag Subdivision- Commission reviewed with James Blanning the conditions outlined at the last meeting. Following comments were made: (1) Planning and Zoning has no ob- jections to withdrawal of Lot I; (2) Wording is required on the plat calling for reservation of 10' of right-of- , way on each side of Ute Avenue to provide for future right- of-way if and when the City desires to bring Ute. Avenue up to standard width of 80'. Presently Ute Avenue is 60' wide. Reason for not deeding this right-of-way at this time, is because we do not have the 80' along entire length of Ute Avenue; (3) Mr. Blanning stated agreements are being worked out on the utilities, have verbal committ- ment, noblui.ngim writing at this time; (4) Lot 1f8 will not be developed, used oIlly for c~lcula tions for building; (5) ~'t,:'~l..;lItIlitlgstatedhe has public easements to all lots with the exception of the upper three, would be will- ! ing to go ,a.hea,dwith,deedingc tb.iscCls,&-pubUc,road_ ,. but.____ ....... would like guidance from Planning and Zoning as to what would be acceptable in width. City Engineer to work with Mr. Blanning as relates to public access; (6) Mr. Barte~. stated language is needed on the final plat providing for ,', utility easements to also be used for bicycle paths and trails; (7) Mr. Blanning to provide design plans for avoidance of avalanche and have plans certified by an engineer so that adequate protection is provided. Harland moved to refer to the City Attorney for a legal opinion item #6 outlined in the minutes of February 9, 1971. Seconded by Adams. Roll call vote - Adams aye; Tharp aye; Harland aye; Goodhard aye; Collins aye; Molny aye. Motion carried. Mr. Blanning stated Lot 2 will be deeded to the City when ever the City wants it. Chairman Molny informed Mr. Blanning his next step is to revise the plans based on the discussion this date before appearing before the Commission again. 1"""'., '"'" RECORD OF PROCEEDINGS 100 Leaves FOlIIt III C. F. "'OECK€~ U. U. It ~. co. Regular Meeting Aspen Planning and Zoning February 23. 19i Aspen Ski Corp. Request Aspen Ski Corporation Request - Chairman Molny stated the Commission would hear comments on this date, but would discuss this in depth at a study session next week Tuesday. Mr. Tom Richardson was present and stated the request is to vacate or obtain a different easement from the City of Summit Street. Presently hold an aerial easement over Summitt Street. Request is made in order to,move the present #l lift terminal 25' to the west of tower #5 on Summit Street. Also request vacation of the alley between Hill and Summit Streets. The vacation of the alley and street along ~ith land presently owned by Ithe Corporation would allow for parking in this area. Ski Corporation is willing to trade land below with the City for the alley and street. The grade up to Gilbert Street is 11%; 14% above Gilbert Street. Commission agreed to meet at 4:30 on March 2nd to take a field trip to this area. Mr. Jack Depagter was present and stated where the Ski Corporation is proposing to put in a parking area, the grade is such, people will not be able to get their vehicles to the parking lot. Lived in this area for 21 years and have had problems getting home. Suggestion was made the Ski Corporation put in a snow melt road. Mr. Bartel suggested the Planning and Zoning Commission in reviewing this request look at the total design of the area and not just this request. ',. .... ~A\!:lI1..?~<l.ti()I1s~____ Annexa tions:_~r_. '. Chal:"lr;,~G:i:lk~,~c:.tt:Y__E:l1giIlgel.".,_~a_l>_ pl:"esen t PTtkln-Mesam---- n__ uand:r:equesta favo:r:ablerecommendat:fon to annex the open-- -, West Al'lpen Filing ff3spacepresently being purchased by the City west of the City limits and also Pitkin Mesa and West Aspen Filing #3. Mr. Gilkey s ta ted he would like approva 1 with the option to take in Pitkin Mesa and West Aspen Filing #3 separate from the open space land if it becomes necessary. The residents in Pitkin Mesa and West Aspen Filing #3 request to be annexed righta way so that they will be able to vote in the next City election. The open space land is presently being held up, waiting for petition back from Tipco. Tharp moved to recommend to the persons instigating the petitions for Pitkin Mesa and West Aspen Filing #3 make another attempt to contact the two land owners presently not included and get an acceptance or refusal of the annexation. Seconded by Adams. Roll call vote - Adams aye; Tharp aye; Harland aye; Goodhard aye; Collins aye; Molny aye. Motion carried. Goodhard moved to recommend the Council proceed with the annexations as presented by the City Engineer and if possible include total annexations presented as one annexation. -2- ,.":......i 0':......', -.-----'---..-"-""'""'""--.~,.'~,..'<:O._.:7.T.~.~~.""'.""'''._'''''''~.JE~:~~:::r~~~~"'W..'\'a;~''"'i.i.'i:':;.,'ii_'i.~~11:~1i~~ ~ re....~~,,{,',ii:.'!;;;;."-:~;:;,~ ,_v.._.... ."."_ ,_, "'''...-',....'--...-'_...~_,~,;.~._~._.~"..,....._...__..-._,~.-.~.,....._.... 1""'\ . .~ FOlfllllO C.F.f<OECHLB.U.1t L. CO, RECORD OF PROCEEDINGS 100 Leaves Regular Meeting, Planning and Zoning, 2/23/71 Seconded by Collins. Roll .call vote - Collins aye; Good- hard aye; Harland abstain; Tharp nay; Adams, aye; Molny aye. Motion carried. Aspen Hills Annexation Aspen Hills Annexation - Commission request since this involves one property owner, the property owner meet with the Commission next Tuesday to discuss this annexation. Tharp moved to hold a special meeting following the study session next week Tuesday to discuss transportation study guidelines. Seconded by Harland. All in favor, motion carried. Alleys Alleys - Mr. Goodhard and Mr. Collins stated they would have a report by the next regular meeting. Tharp moved to adjourn at 7:l5 p.m., seconded by Adams. All in favor, meeting adjour~ed. D~X~ Lorraine Graves, Secretary . !OSIAKG.HOLLAND STEPHEN H.HART JOHN L.J.HART WI~UAM D. EMBREE,JR. JAMES L.WHtTE ,PATRICK M. WESTF'El.DT CLAUDE M.MAER,JR. ROBERT P..DAVISON JOHN FLEMING KELLY FRANK H.MORISON JAY W.TRACEY,JR. WllLIAtot C.M<:C~EARN JOHN ALLEN MOORE BEN E.CH10~AW JAMES E.HEGARTY ~.WI~L1AM SCHMIDT, JR. JAMES P.~jNOSA'i ROBERT L MORRIS JOHN S.CASTE~LAt.O EDWIN S.KAHN SAMUE~P.GUYTON DENNIS M.JACl\SON ROSERT E.SENSON DONALD O.l\INONEN RICHARD M.KOON CHAR~E:S T.8RANDT ROSERT T. CONNERY ',:,. FIELD C.8ENTON DAVID BUT~ER J.MICHAEL FAR~EY WARREN ~.TOMLINSON BRUCE T.BUELL DON D. ETTER KENNETH D.HUBBARD ROBERT L.VERSCHURE GORDON G. GREINER DWIGHT K.SHELLMAN. JR. ROBERT H. DURHAM,JR. rREOERICK B. HEATH H.GREGORY AUSTIN WI~LlAM J.CARNEY,JR. HOLLAND & HART ATTORN EYS AT LAW 500 E::OUITABLE BUILDING DENVER, COLORADO 80202 MOUNTAIN. PLAZA BUILDING P. O. BOX 1128 TELEPHONE 292-9200 AREA CODE 303 ASPEN, COLORADO 81611 RICHARD H.HART HARADON BEATTY LAWRENCE W. TREe:CE JOHN UNOEM CAR~SON ARTHURC.OAI~Y JEFFREY C.PONO S. BLAIR GAY ROBERT H. McMANUS JAMES M.VAN DE WATER ROBERT T.CLARK SRUCE W. SATTLER JOHN HARKER TELEPHONE 925- 3476 AREA CODE ~03' CABLE ADDRESS HOLHART. DENVER I'ebruer, 10. 1971 Ift'. 4-. C. BlaU1Q. J1I. P.O. .. '" AsJ'I'IR.CD~ 8161,1 ~nlu h-feftH. t$ _f. . JOW p"11..1....., li!!lWl'1'1al" plat .f lIillq ....I'1'll11Da. Md .,.. ..tlWla~l, 1'1) tile .....1 .f. lad "tpIlted ae "'tOt 1.... Mi4 plat. .b,o. bow. __I' tile '-l'U .f . Jlllal'eUH _tractda_d .;".W)' 10, 196". tUla .. III ....U.. .f tf&_ ,-.t .. ..._,ect b1 ,.. to... eU..tehit. Bnedll1'1t Md J'I'H ~klll 111 *"ola .f ~"lJ. Md till. to ,be J'~"'J' .f' .. trMt <..titer wUk "tot aft H ,._ Pl'eli.~,pl.t) '1'111 M ...... .. .be .... ,.nots at ota' .p.,....Ok"' db_ Otl 1I'o_uur _. an.. h..'lIlI.. l1eJlflfict au, taJ'k1tl DYa .. pl." h ,et .....'"., tile 'lAtue._. .f tlti8 lau,a.4 Dftt aekef . to ~_ ""' Hoe.lit)' ot '."11., nWlvdia<< it: at tkl. tiae. ' 41_1' ".1..t.8' .. _uW1Yie"""'lIulaUou 01 .... City 01 -pet., U: 1. hi" '1'1.. ta..U 11II;1:'_. .'oll.o'lF1.. tfte appNhk1ll, <<lOIIialt I, !i. .f tile 1Ud ITUtk .f t1te e~dJilt11l" dght.....,.....' ((t!ll:e.pt tile tuJ) Will M 1. U 'I. _....Ili. 1. OWl' o11nt..__ 81Me Wa 1Md .. 10.. Me. "..a..tled ~ tile ....11lde.. 0' _ P"'" ~ ,tiJlIIIMl1da'" ." tM ...._"...,.....,. 1Llb.1"a __1thta .Uh e~ I.".... "01'1'1.." ot t1lb'prGPrt,s... two OJ:' ...at-PCts .. 0MlII'.... _. * lIJuWIYlalH "sal.tt.- .. _t "lil$lUa th ,la'ttUt oltM area. 1 di........ tU .1t;_tift "."da, af_l'- ..... .1 till cu, PlaU$J!' *1'_ ...t.1. .1aO __ _ .l)j"UH to tile 1".....1 01 tile P"plWt)' ,-. ,..... ........QlJU4t.l.t.. (..3"11 . au, AUOt_,._d~t1Oa of ... i._l'lVetatlD., to .ub... 4i'l'tsift J'...1.a.1O...) ,aU ......... that 1 ...",,14. JO'fl "UIl .. w..tttea ft.._' ..bat ..t:Ile plat _II'Ul$H. AeCOJt41ql)'. H .bait .f ~... SeaH1.'." i.AJikia IM~~ l'".,"t,fuU, ".qullt 'hat .11 .f Mr.t 1" .. _leted hoIlI. .,...:11' Pl'OJilClJII'" ~ $)1141'1'181... ',' HOLLAND & HART' Iib'. Ja.,. C. Blarmiq, Jr. February 10, 1971 .,. 'ho 'lf1t1l r..-ot to tb~ "bit '''Jlh'Hl, Oil!:' CUfI.t,$ WlYJIlI at 1.._, watatl"li/ly e&llllJ.ate4 to Uti iaolwd... i. -.' 11IIWi1rllid..., but w1n U Udt'Ul'iS'tOOd tIlU tile, l"eU1. tu rl11llt _ .UiLlleld tl\eu.,....val 18 tat... in tl\e ...._t ., WIl~ tiWNiVll1l1Otl ...,UcatiANl$. Ttt.,. ftu14. ....v..... lib to ad: t_t ill tile aut v...i.. .t!;a. 'plat, tll. 11' (1lt:!:Ut,.?) en__t .... aloq tua.ten!?OUn4.ar1! .f Ut :3 _ saUt" .UaJ1U, _ tile lIbt .. tUt n' .t sucb ItUi-.nt taU. "itlll. Md aleq ....._11"1)' ."Ja4al',.t "I.et 4". I .-.i4 .appreciate 1#Ju 1$1ltaettl\C .. if a., ....U.h or dlfflov.1U.. ari.. 1. eotauo-Uo. "UtI tbe _titer. 4.1BlIlU1ISU a.... Vel'" .hull' ee: Iib'. I'Ji'riJ'lc .. ilea.diet &$1'. hed C. tAu'Ua Iib'. ""'t. _1.,. Qta1r.... ~,.n~a"lQ' ~ ZOu1ng -'"811:ioa Iib'. Uell'b Bar_I. cu, PIa.." Hr. Albfi't h"D, cu, Atte..u, i t j FORtI l~ C.,, "'O~CK~~ 8, 8. It I.. Co. I"""'. ,......, .. RECORD OF PROCEEDINGS 100 Leaves February 9, 1971 '! Regular Meetins. Aspen Planning & Zoning l J Meeting was called to order by Chairman Robin Molny at 5:00 p.m. with Irwin '"[ Harland, Charles Collins and William Tharp. Minutes Attendant Parking Public Hearing Study Session --.... , ! Stream Margins I i I I I Attendant Parking ! , ! Hoag Subdivision Preliminary Plat j t :. ..";-, .-.,...~,."". .'__.,'''.. ',' .-~~". _ h"".~ ",0... ..,. ., ,;.,,';;' .,""~<^ .:.",i, '.,~>~;.~~~"':..;",,,;, 1'>':'.";';';'~C Tharp moved to approve and amend the minutes to include the following on the work schedule: Floodlight, gas tube regulations - Brea,sted AND WHITAKER; Fences, storage, junk, service yards - Adams AND MOLNY; Street names 'i Planning and Zoning membership AND NORM CLASEN. Seconded by Harland. All in favor, motion carried. . There being no corrections to the minutes of the study session, Chairman Molny declared same approved as sub- mitted. Chairman Molny opened the public hearing on attendant parking. Clayton Meyring, Building Inspector, stated this is permitted under the zoning regulation ll-1-9 (f). This is unenforceable, attendant is never on duty. ManagerWurl stated as an example when the addition to the Tyrol was permitted to have attendant parking of from 3 to 5 spaces, no one is there to serve as an attendant and the people park head in on First Street. ' There being no further comments, Chairman Molny closed the public hearing. Commission agreed to work out the language for a recommen4 dation to Council in the study session to follow. Tharp moved to go into study session. Seconded by Collins. All in favor, motion carried. , STUDY SESSION Hoag Subdivision - Discussed conditions to be imposed. Stream Margins - Regional Planner HerbBartel submitted new draft of regulations. (See attached) Commission agreed to discuss the new draft at a special meeting to be held on February l6th. REGULAR SESSION Board agreed to reconvene into regular session. Attendant Parking - Tharp moved tha,t the Planning and Zoning Commission recommend by resolution to the City Council that all references to attendant parking be deleted found under Title XI or wherever it may appear. Seconded by Collins. Roll call vote - Harland aye; Tharp aye; Collins aye; Molny aye. Motion carried. ~ Hoag Subdivision' Preliminary--Plat - Harland moved that the Hoag Subdivision preliminary plat be conditionally accepted with the provisions that certain deficiences be corrected tc wit: (1) the right of way of Ute Avenue be corrected to meeOt the standards of the master plan; (~l that the,lots -,T' ~ [.'0_-' _, ,,,.,__..,,f "" .'.",c. ":'" .~'<'.__' "'.. .~~,. ,~. , !....: , ---~- . re''''t'f( .-- '~.J'-:<'V'-r;~';"'A;~1ifj:'~":~'~jI(R.li'~"f"f""'f"';:;' '" - ..~;~L;;~,'i;1i'-;';.;' ..>i,;'.. ,'...~w.:~~;i;"'i,;.,;oi,.'c - -~~- -t :: ,-., 1"'\ " ' " , j FOlhlSl e.'. KOECKElI.I.1t L. co, J~ECORD OF PROCEEDINGS 100 Leaves 4CRegular Meeting-, P & Z, Z/9!71 ^,,_._-_.-,....,--_.._._--_._-.._~..^' !!:itho~tmlbJ;c~Access beso611.lpplied; (3) that agreements 'to show that water, sewer, electric services will be provided; (4) that provision or double use of the easement! be provided; (5) that the subdivider demonstrate that therE is no avalanche danger to any lots of the subdivision; (6) that the subdivider demonstrate that there has been no ~tion of the subdivision regulations with particular reference to sale of lots; (7) that the subdivider :demonstrate that the proposed subdivision does not v.iolate other requirements of the subdivision regulations; (8) final acceptance of the preliminary plat will be considered 'when these conditions have been met. Seconded by Tharp. Harland moved to amend the motion under 1f4 to read, "that provision or multiple use of easements, including trail easements be provided". Seconded by Tharp. Roll call vote _ Collins aye; Tharp aye; Harland aye; Molny aye. Motion carried. Main Motion - Roll call vote - Collins aye; Tharp aye; Harland aye; Molny aye. Motion carried. Western Colorado Regional Planning Western Colorado Regional Planning Commission correspond- ence was considered. Commission request the Secretary draft a resolution to be submitted to the legislature relating the City Planning and Zonings concurance with the resolution adopted by the Mesa County Planning Commissi, Tharp moved to adjourn at 6:30 p.m., seconded by Collins. All in favor, motion carried. ( _J ~_". . Jl.~j >~'"' Grtf.:~,or,~ry ~ . P _~"_~'."_~_"_____~'?_''''~~'''''~_''''''''''_'~~"'''''''_'"___''"......-.---~~"...__,__.,_" , ,., ,-, -- '-JI!!liI'IIlIf t\\., a ",:<,,",,',1[ "'''',~, '" ~!-i", ,..";<. ;~""'^':'-~5'>.-':',',,~, ,,,;,-,,,;,,;~, '::'-'<'~'-';~"";::'\i~:.;:;",i-s;,:,;,i,-t,;,;;;';';;,tt.i~'~;;'~b:i'";~"'~~j_>"':'":"~j,0i,"",;,':'<'~ ----".._--~..--"""'.!' ----.; \'#;;~"'-""'""'<V~-""''''"'''''''''''=;~=''"'"'t::,::=","",_.",,,,,,_,,,u:=~,,_,,,,,,",,,,,,,,,,,..,"""""'.~W""~';;""""''''''''''!'''''~'>,"".,~=""\c",,,,,,,,,^,-,,=~~,=~ 1"'"'\ ~ 'OR,M ~~ C. F. HO~~l(el. O. $; 5 L. CO. FlECOFlD OF PBOCEEDIl\lGS 100 Leaves ----.----- Study Session PlanninLand Zoning Commission February 2, 1971 Meeting was called to order by Vice Chairman .James Adams at 5:10 p.m. with Vic Goodhard, Irwin Har.~and, Charles Vidal, William Tharp and Planner 'Herb Bartel. Resident Housing, Harley Baldwin - Mr. Baldwin .was present and informed the Cornmission he had been retained by Spar Consolidated Mining Company to do a site analysis of the land on Ute Avenue in the vicinity of the Hoag Subdivision. Drawings showing units consisting of 6Lf8 sq.ft. including 2 bedrooms, bath, kitchen and living room for reside.nt housing and one acre of hostel units. Hostel units would be rented by the night and bedrooms would include 4 bunks. Under the City regulations, project would not meet the requirements for parking. Cost for underground parking would be more than the cost of the hostel units. Plan to keep the project as pedestrian oriented as possible since its location is near the business area. Mr. Bartel pointed out the requirements the Planning and Zoning Commission should request from the applicant: (1) Clear clarification on access. (2) Make sure utilities can be extended to this area. (3) Outline clearly the areas where variances may be necessary. Mr. Beldwin explained the project would be in phases. The following information was brought to the attention Swn: (l) dates of sale were November l5, 1968; (2) area was annexed to the City in 1967; (3) subdivision regulations in effect at that time were passed in 1965, newest regulations were passed in 1969. From the previous meeting, Mr. Blanning is willing to dedicate Lot 2 to the public. Mr. Bartel stated he would talk to the County Com,missioners to see what ownership problems maybe involved with thisland, Ute Cemetery. proble, tin,," were '.access to lots 5 and 6; Ute Avenue is 60' wide and feel this is sufficient at this time, however plat should show a 10' reservation for right of way in the future; and should have letters from all utili~y agencies that they can serve this area. Mr. Fritz Benedict was present and stated at one time there were problems with Lots 5 and 6 with avalanches. Mr. Bartel explained the City can enter into agreements assuring that the things required 1vill be done. Question was raised as to legal problems since the lots are already sold. Mr. Bi'lrtel explained there would be a problem if the plat ,vere not record- ed and the City failed to enforce its own regulations. Commission agreed .to send the plat back to Mr. Blanning to consider and make adjustments of the three points in question. Mr. Bartel explained the Commission will need to oLltli,ne the problems again at the next reg- Lllm: meeting. Malls - Discussed the undergroLlnd porking being under Rubey Park or Hagner Parle Mr. Bartel explained each block eli.mi.nAtes about 32 paJ:tdng spaces. - I - ";--,.,~.<",,,.,,, /----'--'~-==~==~===~-=.o='~CC~-=-C~'~~=~=C==='''=~__'_'~====--==-=='~"'==""====~'=,,~,~c~~==~==~""=,===c========= Reg_I:!..! a 1O:.....l'l:" e t i n1"-___.1',-..1n i n!ilZ9.2:i n,L<;:.ommi s [~~O 1l"""'_____.J a~ ~~,9..3?...__~2_7 1 Meeting was called to order by Chairman Robin H.)lny at 5;05 . James Adams, William Tharp, Vie Gooc1harc1 and I:nvin Harland. Regional Planner, Herb Bartel. J~ .1..Jo )"'\ Minutes Stream Margins '~ Alley Setbacks ~" , '-, ,/Hoag Sub. __ '-'--=~:"=-'""'.:---~_.~~ ." '< . f' Pedestrian l1al1s p.m. with Also present Tharp moved as prepared by Harland. to approve the minutes of Jan0ary 12th and mailed by the Secretary. Seconded All in favor, motion carried. Charles Collins Arrived. Stream l1argins - Mr. Bat'tel submitted a second draft on the stream margin regularions, and request the members of the commission revie,>, the draft and submit their comments. Alleys - Mr. Bartel explained the two alleys which will be concentrated on first will be the Rubey Park alley and the alley behind the Opera House. Presently working on an overlay map showing the propel'ty ownerships adjacent to the alleys. presented, the 1 ',cc.,-=cHr;-Blanning'explained,.,thisland "has been a law suit eetween he and Pitkin County. were sold in 1968 previous to the outcome suit. ~"' invo lved in The lots of the law . Questions ,'lere raised by the Commission as to the legality of selling the lots prior to their being subdivided; and what regulations IVould apply, those of 1968 or the pl:esent regulations. Commission re- quest an opinion be obtdined from the City Attorney. Hr. Blanning further outlined the area involved with the Cemetery, he 'vould like to give to the City. PedefrtriOll Halls - Nr. Bartel explained the Councils request to have the Commission study and make a rec- ommendation for a Hwll area. He Bartel futther explained the mall area ou::.linprl in t-l,r."'tn~'~'~ k.." SURVEY ENGINEERS. INC. r"\ /"'" ""'"' "'>~... ~. '.// " --~'& ,l;,::, "./.'~\ f:.J>' '~. ,~__.:,f,!!.~. .. ~;~' ,{::~~~, '," ',;: ",i{~<_::~_>(\> :' 'f..y(t" CV"~ ~ '" .... ,'~. ,~it~':1P' /,", :<. '''--'-' ,c,'., ' PRIN~S-" ,. /.~ GEtRARD'~" ""N~E.. L.S. JAMES R. EN, L.S. MAX E. MO is " REGISi'ERP,ln COLO. NEW M,EXICO and UTAH'1>' '-' . /) fi .::. /i it... ~ ,/ !J \. \ A\~c ( j ,(' 1 tl,J,~, ~ 0: ,I CJ' . y,\,-'" \ ,;,,1 . ,t/i i IJ'-" 7~" Repl,y to 707 NORTH SEVENTH GRAND JUNCTION, COLORADO 81501. PHONE 3o$.243-278e AND ELKS BUILDING P; O. BOX 2506 ASPEN, COLORADO 81611 PHONE 303-925.3816 . \ ~7 " I ,- f c-,Y',." C.,') j I, ~ ...' ;.?\ {\ o.;-J 1\(~ ,../"'<',".. I _""":::'-r " "}\ . ,. \0'""- J ::. James C. Blanning Box 43 ! Aspen, Colorado 81611 }fay 6~ 1971 Dear Jim: ,,,_,to; """h"" ;~;'~;:::;:? The followihg is the revised description of the B.L.M. property for 'the City of Aspep access and cul-de-sac. A tract of land situated in Sec. 18 T10S R84W 6P.M. described as Begi~ng at the unstamped, 1:,954 Brass Cap monument for c!>rner 9 ( U.S.B.L.K. plat accepted May 21, 1957); Thence S Iv35'W 165.80 ft. along the westerl,y line of Entry No. 37; . Thence N71v14'50"W 515.53 ft. to the southerly line of the William Hciag Cash Entry No. 24; -',' "",' ,'.'" , ',',i'i\: "',':>,:,'\ ,"::>,', , :/",,-: , Th~n:ce West 488.16 ft. along the southerl,y line of the Hoag intry to the point of beginning, containing 40,074 sq. ft. JIlQre or less. Sincerel,y yours, \,j..ff~~ (t?t?~ ( J slljes R Allen cc City of Aspen ""'" I ~, '.:'; " , :.-' ,___.'w__ r ., .1 i i ! i ~ , f "<~ '. g ..,..~.. (', .- i~; , J .'0,' , i t ~.~:' Of (; tl>. 0;,.. .; t;:~3~'>;', ~./ II' ....~\ ., t ~ t '..~ ", " 'fJ .", Ii II II> f: tf \ J:(. ...... ~..~" '.' f', '''~;,.:.,.., f {II -f !!I " ,j fltI '~. ~ , I"""'. ,,......, ASPEN METl{'OPOLlI'AN SANITATION DiSTRICT March 24-, 1971 Mr. Robert Holt P. O. Box 1423 Aspen, Colorado 81611 Dear Mr. Holt: The Board of Directors of the Aspen i'letropolitan Sanitation District considered the request contained in your letter of 22 February 1971. Your development is wholly contained in the Aspen Netropolitan Sani- tation District and the Board unanimously agreed in accordance with its rules and regulations that your development must be connected to its sewer line, not yet installed, on Ute Avenue. Before the District will install this line to your development, it must receive some concrete proof that your construction will be completed and it must receive payment in full for your portion of the costs of such installation. Sincerely yours, '---.- . ~~~-:f/~ Executive Secretary RJH: hh ~..:"", .~ Box 2810 Aspen, Colorado 81611 303/925-2537 ^ ASPEN METROPOLITAN SANITATION DISTRICT r". January 22, 1971 Mr. Herbert Bartel City-County Planner P.O. Box V Aspen, Colorado 81611 Dear Mr. Bartel: We understand that the approval process is underway for final signature for two plats: 1. Knollwood Subdivision #S Owner - Lois Wilson Engineer - Eldorado Engineering Co. 2. Hoag Subdivision Owner - James C. Blanning, Jr. Surveyor - Gerald H. Pesman, Survey Engineers, Inc. This is to request that you cause final approval to be withheld until these owners have made adequate arrangements as prescribed in the Aspen Metropolitan Sanitation District Rules and Regulations. Briefly, developers are required to enter into a written agreement with the District involving depositing in escrow an amount of money sufficient to construct sewer lines within the proposed subdivision. Thank you for your consideration. In addition, sometime at your convenience I would like to brief you on the District's operation and answer any questions that might be pertinent to your efforts. Sincerely yours, ~r~~ Robert J. Hill Executive Secretary RJH: hh Box 2810 Aspen, Colorado 81611 303/925-2537 I) . ;..., t""'>, , SUBDIVIStON PLAT CHECK FORM Gentlemen: Date According to the procedure set forth in the City of Aspen Subdivision Regulations. .any tract of land divided into two or more lots must be divided in accordance with said Subdivision Regulation for the City of Aspen. This form, with attached copy of the plat is provided so that each utility company may inspect the plat and the site, making comments, concerning the placement of ease_ ments, etc., and where necessary sketching recommended alterations on a copy of the plat. This form and the accompanying copy of the plat must be returned to the City of Aspen Planning and Zoning Com_ mission no later than seven (7) days from the above date. .. Remarks: ~_..2J8.o -----.. /r:O,W UAJ~