HomeMy WebLinkAboutcoa.lu.su.Parry Sneaky Ln
"---->
~.
:t
,-
cftt=^---.
r~
STATEMENT OF EXEMPTION
r
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, CAROLYN HIATT PARRY was at the times referred
hereto the owner of a parcel of land located in Pitkin County,
Colorado, more particularly described as:
Lot 1
Parry Subdivision
WHEREAS, the applicant has an existing duplex located on
said property, and
WHEREAS, applicant has requested an exemption from the
definition of subdivision for the purpose of subdiViding the exis
ting duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held May 5, 1981, determined that an exemption from the
definition of subdivision is appropriate and recommended that the
Same be granted, and
WHEREAS, the City Council determined on May 26, 1981, tha
the subdivision of the eXisting duplex through condominiumization
is not within the intent and purpOse of the subdivision ordinance
set forth in Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City Council of Aspen, Colorado does
hereby determined that the proposed subdivion of the duplex locat d
on said property by its condominiumization is not within the
intents and purpose of the subdivision ordinance and does, for
such reason, grant an exemption from the definition of such
action,
j
PROVIDED, HOWEVER, that the foregoing exemption is
subject to the following conditions:
(i) the units shall be restricted to six-month
minimum leases wit~no more than two shorter tenan-
cies per year;
(ii) the bedrooms in the north unit shall not be
locked off the remainder of the unit.
Dated this ___ day of July, 1981.
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Definition of Subdivision was
considered and approved by the Aspen City Council at its regular
meeting held May 26, 1981, at which time the Mayor, Herman Edel,
was authorized to execute the same on behalf of the City of Aspen.
Kathryn S. Koch, City Clerk
-"-#<
;-..
~
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me this day of
JUly, 1981 by Herman Edel and Kathryn S. Koch, personally known t
me to be the Mayor and City Clerk, respectively, of the City of
Aspen.
Witness my hand and official seal.
My commission expires:
Notary Public
-2-
,...,,_."~'~
,
Recorded at 11:48AM June~, 1981 Loretta Banner Recorder,~
Reception NO.
233476
..
"'iii;~ Aon ,c;,,'t 7'9:l
"""",",',', Zf ,-"l ': ~'1:~.. __
OCCUPANCY, USE AND MAINTENANCE AGREEMENT
~
_l<
THIS AGREEMENT; made and entered into this I~ day of
, 1981, by and between CAROLYN HIATT PARRY
(hereinafter "Parry") and GAIL S. MAHONEY (hereinafter "Mahoney").!
I
WIT N E SSE T H :
WHEREAS, Parry and Mahoney each own an undivided one-
half (1/2) interest in and to Lot 1, Parry Subdivision, Pitkin
County, Colorado, according to the plat filed for record in Plat
Book _~ at Page L~ of the Pitkin County records (hereinafter
referred to as "the subject property"), which property has
received subdivision exemption for the purpose of condominiuz-
ing the existing duplex situate thereon, and
WHEREAS, pursuant thereto, Parry has caused to be
prepared a Condominium Map, which has been recorded in Plat
Book -LL at Page ~5: of the pitkin County records (hereafter
"Condominium Map"), and
WHEREAS, the parties hereto desire to enter into an
agreement concerning the occupancy, use and maintenance of the
improvements thereon,
NOW, THEREFORE, for and in consideration of the covenant~
and agreements as set forth herein, the parties hereto agree as I
follows:
1.
Use and Occupancy:
The use and occupancy of the
subject property shall be governed by the following provisions,
to wit:
a) Parry and her family, gues~ invitees and
tenants shall have the exclusive right of occupancy and use of
the northerly one-half (1/2) of the duplex residence (to be known as
Northljp~t)
'.~it'"
si~~ate on the property (together with the Limited
C~:Jllunon Elemepts "appurtenant" thereto as shown on the Condominium
)
Map), and .~honey and her family, guests, invitees and tenants
shall have the exclusive right of occupancy and use of the
--....I
~"
,......,
.--
S{1Q~ 409 PAGE 794
IDutherly one-half (1/2) of such duplex residence (to be knavn as Sou
Unit) (together with the Limited Common Elements "appurtenant"
thereto as shown on the Condominium Map) .
b) Each of the respective halves (1/2's) of the
duplex residence situate on the premises shall be used by the
parties only as a private residence; provided, however, the
parties may lease their respective interests.
c) Each of the parties hereto shall, during the
term of the agreement, peaceably and quietly enjoy her respective
interest in and to the subject property without any disturbance
from the other party hereto or from any other person who claims
through her. Neither party nor any of their family, guests,
invitees or tenants shall park or drive any motorized vehicle on
the yard of the subject property.
2. Maintenance and Alteration:
a) Except as hereinafter provided, each of these
respective halves of said duplex residence (together with their
respective "Limited Cornman Elements" as shown on the Condominium
Map) shall be furnished, maintained and repaired at the cost and
expense of the party with the exclusive right of occupancy and us
thereof.
b) The parties shall share equally the costs
and responsibilities of ordinary maintenance and repair of any
area designated as a "General Cornmon Element" on the Condominium
Map, including, without limitation, the common party wall and the
driveway (hereinafter referred to as the "cornman areas"). Any
such costs shall be paid by the parties within 30 days after the
expense therefor has accrued. Provided, however, that in the
event that such costs are incurred solely by virtue of the
negligence or misconduct of any party or her or their family,
guests, invitees or tenants, said party shall be responsible for
the entire cost thereof.
c) No material exterior alterations, including
-2-
~
--
5G(]~ 409 PAGE 795
but not limited to, architectural, aesthetic or structural altera
I
I
nated as General or Limited Common Elements without the consent ofi
I
provided that no party shall arbitrarily or r
I
I
,
structural considerations and aesthetic compatability (including I
view planes) of any proposed changes to the existing exterior. AJy
I
work shall be in accordance with all applicable building, sanitar~
I
,
tions, may be made to or upon either unit or in the areas desig-
both parties hereto;
unreasonably withhold her consent.
Consent shall be related to
and other governmental regulations, and, once commenced, shall be
diligently prosecuted. No work performed at the instance of one
I
'I
,
owner shall give rise to any lien on the unit of the other owner.
3.
Insurance:
Each party shall obtain fire and
structural casualty insurance covering their respective halves of
the duplex, in amounts no less than the total aggregate encumbranl
ces upon the subject property or replacement cost, whichever is
greater. Each party shall be individually responsible for main-
~imng liability insurance in an amount sufficient to protect
said party in the event of personal injury on the common areas
I
resulting from failure to repair or maintain such areas. In the I
I
event negligence on such common area is solely attributable to on~
party, the other party shall not be liable for contribution.
4.
Destruction of Premises:
Damage or destruction
of the premises as a result of fire or other casualty shall be
governed by the following provisions:
I
In the event of damage or destruction due to I
i
,
I
reconstruct the residence, shall be promptly applied by the parties
a)
fire or other disaster, the insurance proceeds, if sufficient to
to such reconstruction.
b) If the insurance proceeds are insufficient
to repair and reconstruct the residence, the party or parties whose
unit(s) have been damaged shall be free to determine whether to
repair or reconstruct their respective unit(s).
In the event it
-3-
, '
,'-""
,-.."
I
I
I
is determined not to repair or reconstruct, the damaged portion I
shall not be left in an untidy or visually detracting state. i
c) Each party hereto shall be solely responsiblel
for obtaining and paying for fire and other insurance coverage on I
I such party's furnishings and other items of personal property, andl
i for casualty and public liability insurance coverage within that I
II[ !
portion of the duplex residence for which such party has the excl~-
Ii
i
&:JOK 409 PAGE 796
sive right of occupancy and use.
5.
Taxes and Assessments:
Each party shall be res-
ponsible during the years of her ownership for timely payment of
the general taxes, including those for 1981 and burdens of specia~
,
I
assessment districts, if any, according to such party's undivided i
I
I
one-half (1/2)
interest in said property and improvements, and
'I
thel
this Agreement shall constitute a warrant and authorization to
Assessor of Pitkin County, Colorado, to assess such taxes to each
party on such basis, provided, however, that all increases in
taxation created by improvements made to each one-half of the
duplex shall be the sole responsibility and liability of the party!
causing the improvements to be made. Each party shall provide
II proof of payment of taxes to the other.
I
! 6. Utilities: Each party shall be responsible for
her respective, separately metered utilities, including gas,
electricity, water, and any other utilities which may in the
II future become separately metered.
-,
I 7. Access: Each of the parties hereto shall have
the irrevocable right from time to time, during reasonable hours,
to have access to the portion of the property reserved for the
exclusive use of the other for the repair and maintenance of
the portion of the subject property reserved for the exclusive
I
repairs therein necessary to prevent damage to the subject proper-!
And each hereby grants to the other such easements and rightls
. ,
under and over each respectlve half
use of the party seeking such access, or for making emergency
ty.
II' of way
extending in, through,
I
of the duplex as are now situate and in place or should in the
II future be required for utility lines, together with right of
-4-
I
I
-L...
, .
'-".
.,..-"
soo~ 409 PAGE 797
ingress and egress for maintenance and replacement thereof.
8. Encumbrances: Except with respect to conventionall
I
I
,
,
I
I
I
I
mortgage financing secured by a deed of trust or as may other-
wise be provided herein, neither of the parties shall cause or
I permit any lien or encumbrance to be placed upon the subject
I
I
I
I
II
II
II
II
I
property or any portion thereof or interest therein without the
express written consent of both parties hereto.
9.
Sale or Lease:
a)
The sale or lease of any interest in the
subject property by either party hereto shall be subject to the
terms and conditions of this Agreement.
b) No party to this Agreement may effectively
dispose of her undivided interest in and to the subject property
by sale or lease except to the other party hereto without com-
pliance with the hereinafter contained terms and conditions of
,
thel
!
Agreement. Any party hereto desiring to make a sale or lease of
her interest in the subject property shall give the other party
written notice, hand delivered or by certified mail, postage
prepaid, of such intention or desire, together with such informa-
tion (price, terms, etc.) concerning the offer as the other party
may reasonably demand.
i
by the sell-;
I
non-selling I
i
I
Such notice shall, if desired
ing party or leasing party, include a demand that the
or non-leasing party furnish a financially responsible purchaser
or lessee, acceptable to her (non-selling or non-leasing party).
Within thirty (30) days from the date of giving or mailing the
notice above specified, the non-selling or non-leasing party may
provide the selling or leasing party with a
I
I
financially respon- II
offer by its terms and
sible buyer or lessee willing to accept the
conditions, or may herself accept the offer by its terms and condi-
tions. Any offer made under this paragraph of this Agreement
shall remain open and shall not be withdrawn during said thirty
I (30) day period;
PROVIDED, HOWEVER, that nothing herein
contained shall constitute a prohibition or waiver of any of the
-5-
. . -. . ..
,-
-.
3()G~ 409 PACE 798
requirements of this paragraph of this Agreement by the non-
selling or non-leasing party hereto as to future events and/or
subsequent offers.
If no such buyer or lessee shall be presented
by the non-selling or non-leasing party to the selling or leasing
I
I party or if she herself does not accept the offer within said
,
I
I
I
I
II
II
I
II
!I
II
thirty (30) day period, the selling or leasing party shall be
free to sell, or lease her interest in the subject property to
anYj
party at the same terms and conditions of the offer made.
Any
acceptance of the offer made by the non-selling or non-leasing
party or her nominee shall be closed in accordance with the pro-
visions of the offer made.
Provided, however, that no sale or
,
lease by a party to a member of her family (including blood relatives,!
I
,
children, step-children, and adopted children) shall be subject tol
I
,
I
!
the right of first refusal provided for herein, although any
I
subsequent sale or lease to any non-family person shall be sUbjec1
hereto.
I
terJ
i
!
,
c) The parties hereto agree that during the
of this Agreement, Lot 1, Parry Subdivision, Pitkin County,
Colorado, according to the plat thereof filed for record, shall
remain undivided. Each of the parties hereto specifically waives
their rights to institute and/or maintain an action for partition
of said real property or any other action designed to cause a
division of said real property; and each of the parties hereto
specifically agrees not to institute such an action.
d) The provisions hereof with respect to right
of first refusal shall not apply to any commercial lender who
acquires title to the property through foreclosure proceedings, or
a deed in lieu thereof, but shall apply to any subsequent purcha-
ser(s) therefrom.
e) The right of first refusal as provided herein
shall extend and run for the lives of Parry and Mahoney and their
now living descendants, plus twenty years.
10. Right to Reimbursement:
a)
Any costs, which are to be divided between an
I
I
II
-6-
~. ", .. ,.' ~
~
~
SODl: 409 r~.bE 799
shared by the parties inter se may (but need not) be paid in full
I
by either party when such party deems it necessary or convenient tf
i
do so and the other has not made timely payment.
In such event,
the party making such payment shall thereupon have an immediate
I
I and enforceable right to demand and receive full reimbursement
I
I
I
'I
I
I
II
II
II
I'
,I
II
I
from the other party for the latter's share of the payment so madei.
I
The party entitled to such reimbursement shall have an enforceab11
lien upon the other party's interest in the premises for the
amount of such reimbursement, together with interest at the rate
of 12 percent per annum, and reasonable attorney's fees.
b)
Any costs, charges or other financial res-
sary or convenient to do so and the other has not made timely
ponsibilities, including, but not limited to, encumbrance pay-
ments which may be owed by either party may (but need not) be
paid in full by the non-owing party when such party deems it nece
payment. In such event, the party making such payment shall
thereupon have an immediate and enforceable right to demand and
receive full reimbursement from the other party for the payment
so made. The party entitled to such reimbursement shall have an
I
Ii enforceable lien upon the other party's interest in the premises
i
i
I
I
I
in the amount of such reimbursement, together with interest at
the
I
,
I
,
,
,
rate of 12 percent per annum, and reasonable attorney's fees.
Further! the party entitled to such reimbursement shall be deemed i
I
I
saved harmless from further obligation for any such costs, chargesl
I
or other financial responsibilities which may be so satisfied. i
I
11. Attorney's Fees: In the event either party I
,
institutes litigation to enforce the provisions hereof or cOllect!
I
any sum due hereunder, the prevailing party shall be entitled to
reasonable attorney's fees.
12.
Term:
This Agreement shall commence upon its
execution by the parties and continue until this Agreement is
revoked or terminated in the manner provided herein.
-7-
I
I
I
l
,
I
I
II
I,
II
II
]1 ;It"'....
' ,,- """
,l':\" ..... . tJ.ftt:
,"'. ',,\"{t. f1' ~'.,
,-.}.~f .~~..<~:: c.. ~
:::..~ '" ." '-~ ';';l -::.
t~. '~\1T~;"~"~
~~... ~ '~~
.E~~IA',,, ... :;;:~
~:oq "'0' \ V . ~
~ "',,- . \,.. C} :;
~ '''': "', .~ ,~
-.. 'I -', D \.. ,~
"".j ,,0.~ r:,>\ ,.,.~>,,'
"" '
I APPROVED AS TO FORM;
t P~~; ':~~n~ ~)" ~
City Attorney
,,"-1
...~;..,..,"",
,
o
r-,
,-,
~JlJK409 p~GE800
13.
Amendment:
This Agreement shall not be revoked
nor shall any of the provisions herein be amended unless all of
the owners of the property, as reflected on the real estate
records of Pitkin County, Colorado, and to the extent that any
I such action would affect the rights of any mortgagee, all of the
I
I
I
I
I
II
I
,[
I'
holders of any mortgages, or beneficiaries of deeds of trust
appearing in such records and covering or affecting an owner's
interest in the property, consent to such revocation or amendment. I
,
14.
I
and obligar-
,
Enforceability:
The terms, provisions
tions of this Agreement shall be deemed and construed as real
covenants running with the land and shall be binding upon, and
I enforceable by, the parties hereto and subsequent owners
I
I
I
,
or lessee~
,
I
,
!
of their respective interests in the premises, and their heirs,
representatives and assigns.
il ~~O
\ ~~RJ'-\ \ 'r OJ
iatt Parry
~d~ ~~
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Occupancy, Use and Maintenance Agreement
;
I
I
I
,
i
,
I
!
I
was acknowledged before me this IQJ:;iJday of r U
Carolyn Hiatt Parry and by Gail S. Mahoney./
, 1981 by
Witness my hand and official seal.
My commission expires: .J ~ /2
~ft~~'ff~
(7h~
-8-
"~.,.-
,..-.;
"..,
MEMORANDUM
TO:
Aspen City Council
FROM:
Planning Office, Richard Grice
RE:
Parry Condominiumization
DATE:
June 21, 1978
This application requests subdivision exemption for the purpose
of condominiumization of an existing duplex located on Lot 25,
West Aspen Subdivision, Filing 1. The property is owned by
George Parry.
The Engineering Department has conducted a site inspection
and reviewed the improvement survey. Dave Ellis' recommendation
is for approval without condition.
Marc Danielson recommends approval.
The Aspen Planning and Zoning Commission reviewed the application
at their regular meeting on June 20 and recommends approval
conditioned upon the five commitments made by the applicant in
the attached application.
sr
ij
ij
il
11
il
q
..._ .,.,c".'-.-.-+r"'-"'--'. .. ....._.___.....__.._...__........_........_........_._..__._---......-.--..... .. ........' .. J2.~.?-'C7.~ Z?
'.
!1
,j
...~~~~~-~~.~.]r.--==~~~~...=~_;:~~.==-;;~~...-::::::::::=... .m.
iI
ji
._.......~-_.__.~.~~%...~ .~-_.~..
II '.
i
I . , '7 ~ ~ "n, ....7-. ..... ...-..
_~. .~~ ..+~_.__~-2_.._..
_____~_~_ . """". ~~..~ d.,.'E:_~ /Va.; ~~.~__.___._.
_. II. ~. . """~_' ~~~~..-'--f-~_..~.~--..~-._---_.----.-
... -1.. ~._ ~.2r~---t;~ /"..Z%~--
'-'-'--'''~-n~~ ~ --- ---~-~-/ _ ~~_~"d.L.'__,_
....----.-.-.. 11a-?'~ ~r~-.~~-~~ . ~~.--
'."--'ii~~.'~,~~ :% ~~:-;; ~. -~--
-.----~i~U~At7 4Y_1 _-" ~~~<Z'!.~..-
.----.- i~ ~~j~~. ~'~e"':~ . ..~ tP--,,~ -~.~..:; ....
------4-1 ;p-s~ ~ -:y- ~..LLU~-~' ~ ~d~~ ~_/~- ~.
. je<<... ~ ~:::~ _t;. ~"-.a ~~-(. ~
:I'~ ~ ~ 4-,,;' ~ ~~ ~y~ -~------
ll~ ~ -~ ~~ ~--~"-- .~ ~~
II ~ ..; ~e:.. .~h~4'. ..5Y'::;;:~
i?.-u~'" ~ ~;J~. ;or. ~1/' ~. ~ ~
I~::~i;r.:~~~~=_.
i
:1
^
..-,.
iJ
: ~
jl
q
U
ii
,
,I
. - ~ E(
~~~L-___
i!
:1
'1
I
;1
'I
...--.-----++
Ii
il
-....--..._~t -
1. . ----
,
,,-.-.-, '-.-------'-..-.-----------rr----.--.-..--'~~~--~------------~,._--'--.---.-----'"--.-'-~-----------"--"_.,-'--,,-"---'------...----,---
il
'r
1"""'..
.~
M E M 0 RAN DUM
TO: Aspen Planning and Zoning
FROM: Planning Office, Richard Grice
RE: Parry Condominiumization
DATE: June 15, 1978
The attached application requests subdivision exemption for the purpose of
condominiumization of an existing duplex located on Lot 25, West Aspen
Subdivision, Filing 1. The property is owned by George Parry.
The applicant represents in his application that he is willing to comply
with all requirements of Ordinance #53. As of the time of this writing
we have not received comment from Marc Danielson but understand that Marc
will ,be present at this meeting to discuss his concerns.
The Engineering Department has conducted a site inspection and reviewed
the improvement survey. Dave Ellis' recommendation is for approval with-
out condition.
sr
JuaJ ~i!0./'rr,.{~}' ^
J\ fI f'ffirvY'r-V'. 'J. . . \, (' , ,.A
/ ~. '. . "..., J R '/"".' ' ;:r^\,}.L)::!jA
. Dl. 'u1 .,k.k> C-C' ,r"d"J;:U:!'l.' '1l
S; ';'" '~. ) ~. ,'~i14?J)..-t ~.
cur~v+ )/'f'; ,ff-V\ .' VI
/1 -J.,J ~
".'-'.), ,,~,',
~~.~.., ..".
{,
v
~
~...,.._,.__...___----",-_.__.~.___....l...-_._"~___
CITY OF ASPEN
P. O. BOX V . ASPEN. COLORADO B1611
M E S SAG ERE P~L Y
TO II?~C'/7C~ I
~;.. /dcJ _JkfJle-fS;td~.
L. GX~H</~..~ lof~fiZ~ 0
DATE ttf;Jl&C7 UJes:f 4sr .~'tcl,o: ..
7'k- 7/f,t~~"7 ~/ hQr ..#--C/Z .
i4lS Ci/1'!Ce;(J~. t44ee=*t4t-n~
4f~/ ~"';& eK~ tAJt'
CM1,,1c~ .
DATE
BY~~
SIGNED
Form N,R73;t'I)Thu Drowi~g Booed, Ir1<" Box 505, Dollos, Toxo,
INSTRUCTIONS ,0 SE:NOE:R:
INSTRucnON5 To RE:i::E:IVER:
,. t(E:E:P YE:l...I..-OW COPY. 2, SENO WHITE: ANO PINt( COPlE:S WITH CAReON INTACT,
L WRIT!: R!:PI..-Y, 2, O!:TA<::'H "TUa, KE:E:P "'Nt( CO.PY, RE:TURN WHITE COPy ,0 "!:NOE",
~
""""
,-,-.,
M E M 0 RAN DUM
On Monday, you will be presented with the request for approval of the final
plat of the Parry Subdivision. As you recall, the final plat procedure is
really intended to formalize in detail those legal and engineering concerns
and agreements that were consolidated at the preliminary plat review. The
Parry subdivision consists of approximately 2.27 acres and calls for the
separation of a single family lot of 47,445 sq. ft. in accordance with
Ordinance #3, series of 1978. The application was given preliminary plat
approval by City Council on May Lsubject to the satisfaction of engineering's
comments in Dave Ellis' memo of April 26. There was also a motion approved
not to address stream margin review at this time but rather at the time of
building permit application.
The applicant's final plat submission was referred to Dave Ellis who respOn-
ded as fo 11 ows:
"The engi neeri ng department has rewiiewedthe fi na 1 pl at for the Parry
Subdivision and recommends that it be approved sUbject to certain
minor changes in the plat language. The changes are not of a sub-
stantive nature, and can be handled directly with the surveyor."
The City Attorney's only concern was that it be made perfectly clear that
this subdivision is exempt from Growth Management only for the purpose of
single family development. Any other use would have to be either exempt
from GMP or would require an allotment under the GMP.
The Planning Office at this time recommends approval of the final plat sub-
mission provided the minor changes in the plat which engineering mentioned
are made before the signing of the plat by the City Engineer, the parks
director, and the planning commiss~on chairman.
sr
,
t"""\
t"""\
MEMO
TO:
RICHARD GRICE
PLANNING
DAVE ELLIS ~
ENGINEERING
FROM:
DATE:
June 2, 1978
RE:
Parry Subdivision Final Plat Review
The engineering department has reviewed the final plat
for the Parry Subdivision and recommends that it be approved
subject to certain minor changes in the plat language. The
changes are not of a substantive nature and can be handled di-
rectly with the surveyor.
jk
cc: George & Carolyn Parry
.~~
~~
WILLIAM R. JORDAN ill
ATTORNEY AT LAW
600 EAST HOPKINS STREET
ASPEN, COLORADO 8r611
302 - 925 - 2600
June 1, 1978
Planning Commission
City of Aspen
130 S. Galena
Aspen, Colorado 81611
Re: Parry Subdivision
Ladies and Gentlemen:
Enclosed you will please find copies of the Aspen City
Council Minutes from February 13, 1978, March 13, 1978, and
March 27, 1978 which minutes reflect City Council's discussion
of Ordinance #3, Series of 1978. For your convenience, I have
underlined in red the pertinent provisions which make it quite
clear that the Ordinance #3 exemption from allotment procedure
provisions apply only to construction of a single family residence
on a newly created lot.
On Tuesday, May 2, 1978, the Parry Subdivision, which
is being processed pursuant to the provisions of Ordinance #3,
Series of 1978, was before your Board for consideration. At
that meeting the members of the Planning Commission took the
position that whether or not Mr. Parry or his successors could
construct anything on the newly created lot other than a single
family dwelling was not a matter to be considered by the
Commission. I appeared at that meeting on behalf of myself
and various other homeowners on Sneaky Lane and expressed the
position that the Parry Subdivision Plat should specifically
provide that only construction of one single family residence
can be accomplished on the newly created lot. In addition,
your record from that meeting contains letters from the various
homeowners located on Sneaky Lane, each of whom expressed their
position that only a single family residence be permitted on
the newly created lot.
Unfortunately, I will be out of town on June 6, 1978
when you are considering this matter. However, some of the
other Sneaky Lane homeowners will be in attendance. Further, I
1"'"'. ""'"
~,,,....,,.
Planning Commission
June 1, 1978
Page Two
have discussed this matter with the City Attorney who has
indicated to me that her interpretation of Ordinance #3 is
that it provides for an exemption from allotment procedures
solely for construction of one single family dwelling.
Accordingly, I hereby request that you reconsider
this matter and require that the Parry Subdivision Plat set
forth appropriate language limiting construction to one single
family dwelling upon the newly created lot.
Respectfully submitted,
WRJ/jms
W.~Ik:' J ~~..
1. 1.am R. 0 n, III'~
Enclosure
cc: Ms. Dorothy Nuttall
Ms. Karen Smith
~
r
~\
.....J'
M E M 0 RAN DUM
.,"
TO: Dave Ellis, Engineer
Marc Danielson, Housing Authority
FROM: Richard Grice, Planning Office
RE: Parry Condominiumization - Subdivision Exemption
DATE: May 23, 1978
Attached, please find a copy of George Parry's Condominiumization
application and improvement survey. This item is tentatively scheduled
for the June 20, City Planning and Zoning meeting. Could I please
have your comments the week prior? Thanks.
lmk
enc.
1"'"'.
,-.,
M E 'M 0 RAN DUM
TO: Dave Ellis, Englneering
FROM: Richard Grice, Planning Office
RE: Parry Subdivision Final Plat
DATE: May 16, 1978
~ Attached please find a final plat submission by George Parry for the
Parry Subdivision. I have tentatively scheduled this item for the
3;'\'\j.JfI'L.. J~IIt:: vLI. &HJ Pl ^'R3 aRe Zol,;I,~ 1"~~L;,,g. Let me know if you have
any problems with this date. \
Thank you. ~\'\-y ~e.ll RG-
lmk
enc.
~. f". \
'TRI~CO Management, Inc.
Planning. Design. Surveying. Engineering. Construction
and Management of Land
.~
Box 1730
Aspen
Colorado 81611
303.925.2688
LANGUAGE. TO APPEAR ON FINAL PLAT OF PARRY SUBDIVISION
Date: May IS, 1978
SURVEYOR'S CERTIFICATE
I, JAMES F. RESER, REGISTERED LAND SURVEYOR, DO
HEREBY CERTIFY TF..AT I HAVE PREPARED THIS PLAT OF
PARRY SUBDIVISION, THAT THE LOCATION OF THE OUTSIDE
BOUNDARY, ROADS AND OTHER FEATURES ARE ACCURATELY
AND CORRECTLY SHOWN HEREON, THAT .THE SAME ARE BASED
ON FIELD SURVEYS AND THAT THE PLATTED SITE AND THE
ROADS CONFORM TO THOSE STAKED ON THE GROUND IN
ACCORDANCE WITH COLORADO REVISED STATUTES 1973,
TITLE 38, ARTICLE 51.
JAMES F. RESER L. S. 9184
STATEMENT OF. SUBDIVISION AND GRANT OF EASEMENTS
KNOW ALL MEN BY THESE PRESENTS THAT GEORGE GRANT PARRY
AND CAROLYN HIATT PARRY, BEING THE OWNERS OF THE
ABOVE DESCRIBED REAL PROPERTY,
1) DO HEREBY PLAT AND SUBDIVIDE THAT REAL PROPERTY
INTO LOTS 1 AND 2, PARRY SUBDIVISION, CITY OF
ASPEN, COUNTY OF PITKIN, STATE OF COLORADO;
2) DO HEREBY GRANT TO THE CITY OF ASPEN THE
NON-EJ:CLUSIVE EASEMENT FOR PUBLIC RIGHT OF WAY;
3) DO HEREBY GR&~T TO THE PUBLIC FOR THE PURPOSES OF
PEDESTRIAN AND RIVERINE RECREATION, AN EASEMENT
OVER AND ACROSS ALL THOSE PORTIONS OF LOTS 1 AND 2
LYING WITHIN THE BED OF CASTLE CREEK AS SAID RIVER-
BED NOW EXISTS AND AS SHOWN AND NOTED HEREON;
A Subsidiary of Trico Corporation . Offices throughout the West
1""'\.
1""'\
Page 2
4) DO HEREBY GRANT TO THE PUBLIC UTILITIES THE
TEN FOOT WIDE GAS LINE EASEMENT AND THE TEN FOOT
WIDE EASEMENT FOR OVERHEAD ELECTRIC AND TELEPHONE
LINES:
5) DO HEREBY GRANT TO THE PUBLIC UTILITIES THOSE
PORTIONS OF REAL PROPERTY WHICH ARE LABELED AS
UTILITY EASEm:NTS ON THE ACCOMPANYING PLAT, AS
EASEMENTS FOR THE INSTALLATION . AND MAINTENANCE OF
UTILITIES AND DRAINAGE FACI.LITIES,INCLUDING, BUT
NOT LIMITED.TOELECTRIC LINES, GAS LINES, TELEPHONE
LINES: TOGETHER WITH THE RIGHT TO TRIM INTERFERING.
TREES AND BRUSH: TOGETHER WITH THE PERPETUAL RIGHT
OF INGRESS AND EGRESS FOR INSTALLA'l'IOt<, MAINTENl\NCE
AND REPLACEm:NT OF SUCH LINES: SAID EASEMENTS AND
RIGHTS SHALL BE UTILIZED IN A REASONABLE AND
PRUDENT MANNER:
6) DO HEREBY GRANT THE PRIVATE .ACCESS EASEMENT TO
THE OWNERS OF LOTS 1 N~D 2, PARRY SUBDIVISION,
AND TO THE OWNERS OF LANDS LYING NORTHERLY OF
PARRY SUBDIVISION WHICH PRESENTLY ENJOY THE USE
OF nSNEAKY IJU<E" FOR ACCESS:
ALL AS SHOWN AND NOTED HEREON.
GEORGE GRANT PARRY, OWNER
CAROLYN HIATT PARRY, OWNER
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
THE FOREGOING STATEMENT OF SUBDIVISION AND GRANT OF
EASEMENTS WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF , 1978, BY GEORGE GRANT PARRY AND
CAROLYN HIATT PARRY.
WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION
EXPIRES:
NOTARY PUBLIC
.
..-,
/"";.
Page 3
ASPEN CITY COUNCIL APPROVAL AND ACCEPTANCE
THIS SUBDIVISION PLAT OF PARRY SUBDIVISION AND THE
GRANT OF EASEMENTS ARE HEREBY APPROVED AND ACCEPTED
BY THE ASPEN CITY COUNCIL THIS DAY OF
, 1978.
MAYOR
ATTEST:
CITY CLERK
. CITY ENGINEER'S APPROVAL
,~" '
THIS SUBDIVISION PLAT OF PARRY SUBDIVISION WAS
APPROVED BY THE CITY ENGINEER, CITY OF ASPEN, STATE
OF COLORADO THIS , DAY OF , 1978.
CITY ENGINEER
PLANNING AND ZONING COMMISSION APPROVAL
THIS SUBDIVISION PLAT OF PARRY SUBDIVISION WAS
APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION THIS , DAY OF , 1978.
CHAIRMAN
PARKS APPROVAL
THIS SUBDIVISION PLAT OF PARRY SUBDIVISION WAS
APPROVED BY THE DEPARTMENT OF PARKS, CITY OF ASPEN,
THIS , DAY OF , 1978.
DIRECTOR
o
.
.~
.~
Page 4
ACCEPTANCE FOR RECORDING
THIS PLAT OF PARRY SUBDIVISION IS ACCEPTED FOR
FILING IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO, THIS , DAY OF
, 1978, IN PLAT BOOK ON
PAGE
CLERK AND RECORDER
.
~
,-.,
GARFIELD & HECHT
ATTORNEYS 4T LAW
VICTORIAN SQUARE BUILDING
601 E. HYMAN AVENUE, SUITES 201 & 202
ASPEN. COLORADO 81611
RONALD GARFIELD
ANDREW V. HECHT
TELEF!HONE
(3031 92~.1936
ASHLEY ANDERSON
CHRISTOPHER N. SOMMER
May 12, 1978
Planning and Zonning Commission
c/o Aspen City Hall
130 South Galena Street
Aspen, CO 81611
Dear Members:
This is an application by George Parry pursuant to
Section 20~19 of the Aspen City Code, as amended, for an ex-
emption from the definition of the term Subdivision for the
condominiumization of his duplex located at Lot 25, West Aspen
Subdivision, Filing No.1 (825 Bonita Drive).
The applicant submits that since this is merely the
subdivision of an existing duplex, to require that the applicant
proceed through the entire subdivision procedure would deprive
the applicant of the reasonable use of his land. Furthermore,
the applicant submits that exemption is necessary for the preser-
vation and enjoyment of a substantial property right. Finally,
the applicant submits that since, as stated above this is merely
the subdivising of an existing structure, there will be absolutely
no increase in density as a result of the granting of this ex-
emption and therefore the granting of the exemption will not be
detrimental to the public welfare or injurious to other property
in the area. As a practical matter the granting of the exemption
will have no immediate effect whatsoever. The applicant has no
present intentions whatsoever to sell his rental unit. He pur-
chased the duplex approximately one year ago with temporary financing
fromia local bank with the intention of using the equity in his
original residence to obtain permanent financing. Recent personal
developments have precluded the possibility of using that equity
and therefore the only way the applicant can obtain the permanent
financing for his duplex is to condominiumize.
The duplex contains a total of approximately 3,050
square feet. The applicant presently resides in one-half of the
~.
---,
Planning and Zoning Commission
May 12, 1978
Page Two
duplex, and that half contains approximately 1,600 square feet.
As mentioned, it is his present intention to continue residing
at that location. The other half, containing approximately
1,450 square feet, is presently being rented for $695.00. The
present tenants are Kathy Wolf and Lynn Unger who are employed
by the City of Aspen and Keith Ikeda who is employed by the
Pitkin County Sheriff's Office.
Although the $695.00 per month does not really qualify
this rental unit as employee housing, and although the applicant
has absolutely no plans to sell the rental unit, and in fact,
has no firm idea of what the purchase price would be, he is
willing to make the following commitments as a condition to the
approval of this Application:
(1) He will grant his existing tenants a right of
first refusal should he decide to sell;
(2) If the tenants do not exercise the right of
first refusal, he will grant them 180 days
notice after the sale of the unit, or after
final council approval, whichever is later to
vacate the premises;
(3) He will restrict the rental unit to six-month
minimum leases. (The present tenants, by mutual
agreement between them and the Applicant, have
no lease; however, the Applicant is certainly
willing to provide one should you so desire.);
(4) He will not sell the rental unit for a period of
one (1) year from the date of final approval,
assuming that he still owns the duplex; and
(5) He will not raise the rent above its present
$695.00 a month for a period of one (1) year
from the date of final approval.
The Applicant submits that the amount of rent presently
paid for the unit as well as the restrictions that he is willing
to place on the unit demonstrate conclusively that this approval
.~
.~
Planning and Zoning Commission
May 12, 1978
Page Three
will not reduce the supply of low and moderate income housing.
Therefore, we respectfully request your approval of this ap-
plication.
Attached hereto please find an Improvement Survey as
well as a Title Commitment on the property.
Respectfully submitted,
GARFIELD & HECHT
(ld{ ~.
Ashley Anderson,
Attorney for the Applicant
AA/ sb
Ene.
~",. '" ~
,-'
i__
WILLIAM R. JORDAN ill
ATTORNEY AT LAw
600 EAST HOPKINS STREET
ASPEN, COLORADO 81611
303-925-2600
May 2, 1978
Planning Commission
City of Aspen
130 South Galena
Aspen, Colorado 81611
RE: Parry Subdivision
Ladies & Gentlemen:
This letter is written both a.s an individual who lives
on Sneaky Lane (Parry subdivision is located on Sneaky Lane) and
informally on behalf of some of the other homeowners who live
on Sneaky Lane.
George Parry has submitted an application for an exemp-
tion from Growth Management allotment procedures, which exemption
request falls within the purview of Ordinance No.3, Series 1978,
of the Aspen Municipal Code. I have no objection to Mr. Parry
being granted an exemption from Growth Management allotment
procedures as long as it is clear that at no time after the
exemption is granted shall the owners of the newly created lot
be permitted to construct any improvements other than a single
family residence. Language should be added to the subdivision
plat which clearly indicates that only a single family residence
may be constructed on that lot.
It is my understanding that it is the position of the
Aspen Planning Department that Mr. Parry is entitled to an
exemption under the provisions of Ordinance No. 3 and that
after such exemption Mr. Parry or any subsequent owner would
be entitled to build a duplex or other improvements of greater
density if the owner was awarded sufficient development allotments
under the Growth Management allotment procedure . I believe that
such a position is contrary to the explicit language contained
in the Zoning and Growth Management provisions of the Aspen
Municipal Code.
The relevant language is contained in Section 24-10.2
of the Municipal Code of the City of Aspen (as amended by
Ordinance No.3, Series of 1978):
.,-."
--
Page 2
Planning Commission
May 2, 1978
"The following development activity shall
be exempted from complying with the allot-
ment procedures hereinafter provided for:
(d) The construction of one single
family residence (emphasis added)
on a lot subdivided after the effective
date of this article when the following
conditions are met:
(1) The tract of land which was sub-
divided had a pre~existing dwelling.
(2) No more than two (2) lots were
created by the subdivision."
Under this language, if the applicant could later request
anything other than a single family residence then he should
not now be. entitled to an exemption under Ordinance No; 3,
Series of 19.78,. as the exemption is clearly only. for the
construction of one single family residence, when the other of
the two lots already has a single family dwelling on it.
If it is the applicant's desire to have the ability to build
anything other than one single family residence, then the
applicant should go through the allotment procedure and
should not be entitled to subdivide the property under an
exemption from such allotment procedure.
The fact that it is clearly the intent of the
exemption that nothing more than a single family residence
be constructed on such a lot is fortified by the language
contained in subparagraph (c) of Section 24-10.2 of the
Municipal Code of the City of Aspen which reads as follows:
"The follolving development activities shall be ex-
empted from complying with the allotment pro-
cedures hereinafter provided for:
(c) The construction of one single family
or duplex structure on townsite lots or lot
subdivided prior to the effective date of
this. article."
This provision permits the construction of a duplex on a lot
subdivided prior to the effective date of the Growth Management
Quota System. If it was the intent to permit an applicant to
obtai!} an exemption .for a subsequent subdivision and to build
i
~
t
~
!
.. .,. -'
,-'
~.
Page 3
Planning Commission
May 2, 1978
anything other than a single family residence on such property
by virtue of that exception from the Growth Management allotment
procedure, then Section 24-10.2(c) of the Municipal Code of the
City of Aspen would not be limited to a "lot subdivided prior
to the effective date of this article", but, would include lots
subdivided prior to and after the effective date of such article.
Accordingly, I hereby object to the granting of an
exemption to Mr. Parry unless the subdivision plat actually
contains language limiting the construction of improvements
on such lot to. one single family residence.
Respectfully submitted,
~.., ~<'
~, --
Wil iam R. Jord ,III ~
WRJ:ms
cc: Ms. Karen Smith
. Mr. Richard Grice
Ms. Dorothy Nuttall
'"
~
r"'>
M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office, Richard Grice
RE: Parry Subdivision - Preliminary Plat
DATE: April 28, 1978
Next Tuesday, we will be asking you to look at several matters concerning
the Parry Subdivision. The project is located on Sneaky Lane at Power Plant
Road just north,QI, the Castle Creek Bridge. George Parry is asking for per-
mission to separate out a single family lot which would be exempt from
Growth Management in accordance with Ordinance #3, 1978. The applicant is
asking for your approval of preliminary plat as well as stream margin review.
This application was given conceptual approval by City Council at their re-
ular meeting on December 19, 1977 with the understanding that "adequate
information be shown for the extent of the 100 year floodplain, proper show-
ing of easements for sewer and electric facilities, and the showing that
adequate area exists for the new lot taking into consideration the exclusion
of land under water."
The new preliminary plat which the applicant has submitted will be available
at this meeting for you 'to review. Dave Ellis has gone over this plat and
his cOl1lTIents are attached. "Dave recommends approval of the prel iminary
plat subject to the following:
1. Establishment of a building envelope or a building line setback so
that no future Stream Margin Review will be necessary for the develop-
er of Lot 2.
2. Dedication of roadway easements -
a) Sneaky Lane should be shown as a forty (40) foot wide private road
as is the case through three ,other subdivisions.
b) A thirty (30~ foot strip of land in the southeastern corner of
the subdivision through which Power Plant Road passes should be dedi-
cated for public right-of-way (50% of a sixty foot right-of-way).
c) A six (6') foot pedestrian easement along Castle Creek frontage
should be designated as was required in the adjacent Tagert and Sneaky
Lane Subdivisions.
3. Establishment/confirmation of utility easements -
a) A five (5') foot wide easement.Jon each side of the lot lines.should
be established.
b) We need confirmation of the adequacy of the ten(10') foot wide ease-
ment. from Rocky Mountain Natlmal Gas, Mountain Bell and Holy Cross
El ectri c.
c) We, need'cohfirmatiql1of the adequacy by Rocky'iMountain Natural Gas
of the existing 3/4" line to service the additional dwelling."
Subject to the satisfaction 'of the City Engineer's comments and conditions
prior to Final Plat, we recommend preliminary approval.
sr
0\ J
'/,' .
"-)(~, !
..
.1""\
,-.,
April 27, 1978
Ms. Karen Smi th
Aspen Planning Office
120 South Galena
Aspen, CO 81611
SUBJECT: APPLICATION FOR SUBDIVISION - GEORGE PARRY
Dear Ms. Smith:
As a neighbor of George Parry's and also living on Sneaky Lane and
sharing that private road with him, it has come to my attention that
he is applying for a subdivision, thereby creating an additional lot
that maybe built on. I have no quarrel with the subdivision being
granted; provided, however, that the lot created is restricted for
use to a single family dwelling. Anything other than this use
would increase the density and, of course, be out of character with
the neighborhood, which is exclusively a residential neighborhood.
It has also been brought to my attention that the lot maybe sold to
a church group and a church built on it. This, of course, is also
totally unacceptable.
Sincerely,
L2~~
)
Gay Estin
.~
c
'l<-"-".~ ".1J
April 27, 1978
Ms. Karen Smith
Aspen Planning Office
120 South Galena
Aspen, CO 81611
SUBJECT: APPLICATION FOE. SUBDIVISION - GEORGE PARRY
Dear Ms. Smith:
As a neighbor of George Parry's, sharing the same private road, it
has been called to my attention that he is applying for a subdivision
of his property. I do not have any objection to the property being
subdivided, as long as the newly created lot is restricted to a
single family residence. I am very concerned about the property
being used in any other way thereby increasing the density.
It has been called to my attention that Carolyn Parry, George's wife,
is even considering selling the property to the Unitarian Church group
and, of course, this is totally out of character with the neighborhood
and I strongly object to this kind of use along with anything other
than a single family dwelling. I think it would be in order for the
Planning & Zoning Commission to make an on-site inspection of the
property.
The private road is only a 15 foot right-of-way and, of course, this
certainly is not adequate to handle any increased volume of traffic.
Sincerely,
(;r;:;.. . ,0 I
~
Carol Hall
.
,,......,
~\
April 26, 1978
Ms. Karen Smith
Aspen Planning Office
120 South Galena
Aspen, CO 81611
SUBJECT: APPLICATION FOR SUBDIVISION - GEORGE PARRY
Dear Karen:
As an adjacent property owner to George Parry, I do not have any objection
to him subdividing his property into two residential lots, one on which his
present home will be located.
I am adamantly opposed to anything but a single family residence being
allowed on the new lot. I am particularly concerned about any types of other
structures, in particular, duplexes, triplexes, etc., being allowed on the
property, as this would drastically change the character of the neighbor-
hood and, of course, there is always the problem of duplexes, etc., being
condominiumized.
Unless George Parry's application for subdivision specifically restricts
the use of the new lot to a single family residence, I am opposed to
granting the subdivision.
Sincerely,
~'/"-
..>/
v/' --
Thomas S. Starodoj, II
a~~
TSS :jmr
t"'\
~.
.. '... .,0'
FffiST WESTERN MORTGAGE CORPORATION
P.O. Box Q
Aspen, Colorado 81611
Ph: (303) 925.7323
April 26, 1978
Mr. Tom Starodoj
First National Bank of Aspen
Box 3318
Aspen, Colorado 81611
Dear Tom,
It has come to my attention that George Parry has applied for a subdivision
on his property located on Sneaky Lane in Aspen. Although I am not an adjacent
property owner Ido 1 i ve two doors down from the Parry's and am concerned about
the eventual property use. I have nothing against the subdivision of their
property if the lots that are formed are for single family dwellings only. As
you know, Sneaky Lane has only single family dwellings located on it at present,
and I feel that any multifamily units would drastically change the nature of our
nei ghborhood. As you are aware I at one time owned the lot to the North and East
of me and upon sale I restricted that lot to single family usage. This unquestionably
reduced the sale price I received, however, I felt it was necessary for the neigh-
borhood.
Since I will not be in town next week, and you indicated that you would be attending
the various Planning and Zoning meetings, I would appreciate it if you would deliver
this letter to the various governmental entities on my behalf.
Thank you for your assistance.
Very truly yours,
~~DG_ 6~
David A. Baxter
.~
f.,-"'-
I
.~/i
P.O. BOX 1121
575 Sneaky Lane
Aspen, Colorado
Ms. Karen Smith
The Aspen Planning Office
120 South Galena
Aspen, Colorado 81611
Re: Application for Subdivision George Parry
Dear Karen:
As an adjoining property owner, I would like to make
the following statement regarding the Parry property.
I do not have any problem with Mr. Parry applying
for and receiving a two lot subdivision On his
property on Sneaky Lane. I do, however, have a
problem with the lots being anything other than
single family residences. I think it would
destroy the character of the neighborhood in
as much as all lots down there are presently
single family residences, some by covenants
and some by choice.
I would strongly recommend that you approve Mr.
Parry's subdivision application but with the
reservation that either by covenants or deed
restriction that both lots are restricted to
single family residences. This is not to say
that Mr. Parry can not have a guest house or
caretaker quarters but I am adamantly against
anyone being able to duplex and later condo-
miniumize in this area.
Rob~arodoj
~\
~
TO:
RICHARD GRICE
PLANNING
FROM:
DAVE ELLIS ~~
ENGINEERING W"z--
DATE:
April 26, 1978
RE:
Parry Subdivision Preliminary Plat Review
In revi~wing this plat the primary concerns which
have developed are with the boundary and roadway and utili-
ty easements. The surveyor, Tri-Co Management, has spent
considerable time trying to accurately locate that property
which the Parrys own. However, because of numerous defi-
ciencies in adjoining subdivision boundary descriptions,
there are several conflicts in<:the common boundaries, par-
ticularly between the City, Castle Creek Subdivision and
the Tagert Subdivision. At this time we are uncertain as
to whether any of these known conflicts can be further re-
solved, but we would like to withhold a final opinion until
we have had a conference with Tri-Co and reviewed the title
commitment and deeds with them.
The concerns regarding roadway easements center on
Sneaky Lane and Power Plant Road. In the case of Sneaky Lane
it is forty feet wide as a private road through the Tagert
Subdivision, Sneaky Lane Subdivision, and Janss Subdivision,
Consequently, it is appropriate that it also be forty feet
in width through the Parry Subdivision, as the Parry Subdi-
vision is at the beginning of the road, Additionally, the
proposed twenty-four feet would not be adequate for accomo-
dation of future water transmission lines. In regard to the
southeasterly corner of the subdivision through which Power
Plant Road passes a thirty foot strip (50% of a sixty foot
right-of-way), should be dedicated for pUblic right-of-way.
Much of this thirty foot strip is already encumbered by
existing water, sewer, and road easements.
In terms of other easements the engineering depart-
ment would like to see written comment from Rocky Mountain
Natural Gas, Mountain Bell and Holy Cross regarding the ade-
quacy of the ten foot wide proposed utility easements for
their facilities. Utility easements five feet in width on
each side of the lot lines should also be provided. There is
also a question as to whether or not it would be desirable
to require the six foot pedestrian easement along the Castle
,-,
~
Page Two
Parry Subdivision Preliminary Plat Review
April 26, 1978
Creek frontage as was required in the adjacent Tagert and
Sneaky Lane Subdivisions downstream.
In terms of utility service the City expects that
the new dwelling on Lot 2 will be connected to City water.
The present dwelling is on a well, and we do not anticipate
any change there. We would like to have Rocky Mountain
Natural Gas verify the adequacy of the existing 3/4" line
to service an additional dwelling. There is no other gas
distribution line shown in Sneaky Lane. Finally, we would
suggest that since most of Lot 2 lies within the 100 foot
stream margin review limit, which extends beyond the flood
plain limit, that a building envelope or a building line
setback be established so that no future reviews are neces-
sary for the developer of Lot 2.
SUbject to the above comments and conditions, the
engineering department recommends that the Parry Subdivision
be given preliminary approval.
jk
cc: George Parry
Carolyn Parry
Tri-Co Management
TRI-CO MANAGEMENT, INC"-.
Planning. Design. Surveying. Eng: ring
Construction and Management of Land
Box 1730
ASPEN, COLORADO 81611
-
[]J~1hm:oo i])[f uOO~~~[j0jJDuu~[L
(303) 925-2688
om 4.25.78
'0' N073_(P _ '2.
ATTENTION
TO J:LANN ING OFFICE
Crrf1 OF AfJPEN
Re:,
GENTLEMEN:
WE ARE SENDING YOU
o Shop drawings
o Copy of letter
)i.. Attached 0
o Prints
o Change order
Under separate cover via
o Plans
o
o Samples
the following items:
o Specifications
COPI ES
DATE
NO.
DESCRIPTION
~VISED f'R.ELlMINA~"1 FtATOF f'A~R'"t ?OBDIVI~1cN
,
THESE ARE TRANSMITTED as checked beiow:
o For approval
o For your use
o As requested
XFor review and comment
o FOR BIDS DUE
o Approved as submitted
o Approved as noted
o Returned for corrections
o
o Resubmit_copies for approvai
o Submit_copies for distribution
o Return_corrected prints
19
o PRINTS RETURNED AFTER LOAN TO US
REMARKS.JQT L1~NS BeEN RBVISED Tn (t:IDJ.DE Mt2~F I2IVER
FRa.lJ:::\AE I~ LoTQ..
U2f'1C6TO~ 'DAVE ELLl<S>
G'E0?6E PM~P~
CArol H~( PAteWi
COPY TO
"..,-_.. ~"..~ ~~:~;:"~~ ~
FORM 240-2 Available from/i\ISBS/lnc" Townsend, Mass. 01470
THE ASPEN SANITATION DISTRICT
P. o. eox 528
ASPEN. COLORADO 8\E;11
memo ..eply
o IMMEDIATE REPLY 0 NO REPLY
REQUESTED NECESSARY
Date April 20, 1978
Subject ItE: Parry
10
Karen Smith
F1anning Office
120 S. Galena
Aspen, CO 81611
Preliminary Plat.
message
Dear Karen:
_e.rn...J:eg.Il,.J:.g.."L.t9....-'''.il,niJ;ell,tie9nee''Le.J:Y:!,~ee..t9 .....t\:l.:!,S.....tJ"Qe...l9.t....."1!!!>.!t:!,yJ"1:!,QneQn...e.~en.e.?'J.<y... _
~ ~
.z 0:
...... eL..1l..n.e. . .....'IJIere ..e.eW:!,.l.1....e!>.e.e..n9.......P.J:9!>lem......1l."1....th.e......eX:!,l?.t:!,ng....l?.:!,n$.le.e....;l:ll,mJJ.Ye.hge!!e"1..ee..e.e...
....9ne.e tehe.. Pr9PertYe.J.S..il, lreil,gY!>eeJn$e.l?-erY:!' ~.e..g.!>y .Qe.!!..r. .1.ln..e....L....
L.De....e.
AMSD Manager
. .eeKee:!'),<9K!!\:In.
Signed.
..~........~
I'eply
Signed.e
Date
RECIPIENT RETURN PINK COPY
__~_.____~=-o~~!r~om Busines~~_nvel.~~~_~anu~_~~~~_s,~._~earl River, ~:~~_~~~~~~__~~:~_~~: ~~__
~
Aspen/Pitk.
130 so
aspen
I"" -,
-,
ning Office
tree t
1611
MEMORANDUM
TO: Property Owners Adjacent to Parry Property
FROM: Karen Smith, Planning Office ~
RE: Application for Subdivision - Public Hearing
DATE: April 14, 1978
There will be a public hearing on the City Planning and Zoning
Commission's agenda, May 2nd, at a meeting beginning at 5:00 p.m.
to review an application for subdivision submitted by George Parry.
This application involves a two lot subdivision on Sneaky Lane near
Castle Creek. All revel ant material may be reviewed in the Planning
Office, 3rd floor of City Hall, Aspen or call 925-2020, ext 227 for
further information.
'-"~.
.-,
@)
Mountain Bell
Grand Junction, Colorado
April 13, 1978
Ms. Karen Smith
Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Parry Preliminary Plat
Dear Ms. Smith:
We have reviewed the plat of "Parry Subdivision" and found the easements to
be adequate as shown. However, may we suggest the following phraseology be
used for the dedication of easements within said subdivision.
"And hereby dedicate to the PUBLIC all the streets, avenues and roads as
shown on the accompanying plat, forever, and dedicate to the PUBLIC UTILITIES
those portions of real property which are labeled as utility easements on the
accompanying plat, as easements for the installation and maintenance of util-
ities and drainage facilities, including, but not limited to, electric lines,
gas lines, telephone lines; together with the right to trim interfering trees
and brush; together with the perpetual right of ingress and egress for instal-
lation, maintenance and replacement of such lines; said easements and rights
shall be utilized in a reasonable and prudent manner."
We believe all preliminary, as well as final plats, should show the dedication
or reference to the particular "Protective Covenants" which will run with the
property. Also, all "Private Roads" should be dedicated to the utilities for
the installation, maintenance and operation of gas, lights, power and telephone
lines. No easements should be dedicated to the property owners, cities or
counties exclusively; all easements should be dedicated to the public utility
companies.
The above request is in accordance with C.R.S. 106-2-34 (3) (d) (viii) and
the Colorado Land Use Commission's paragraph 5-2, Item #G-7.
.".....,
~
Grand Junction, Colorado
April 13, 1978
Page 2
We appreciate the opportunity of being able to review this plat.
Very truly yours,
fl:f: ~ df~
Right-of-Way Agent
P.O. Box 2688
Grand Junction, Colorado 81501
JAM:ch
cc: George & Carolyn Parry
Tri-Co ManageueRt
Pitkin County Commissioner
W. M. McDaniel, Mountain Bell
~.
~
M E M 0 RAN DUM
TO: Dave Ellis, Engineering
Jim Markulunas, Water
Jim Holland, Parks
~George Newell, Fire Department .
Heiko Kuhn, Aspen Metro Sanitation District
Mountain Bell
Aspen School District
Holy Cross Electric Association
FROM: Karen Smith, Planning Office
RE: Parry Preliminary Plat
DATE: April 4, 1978
Please find enclosed a copy of. the Parry preliminary plat submission, which
involves a two lot subdivision on Sneaky Lane near Castle Creek. A single
family house already exists on the property. I have tentatively scheduled
the matter for a public hearing at the May 2ndP. & Z meeting. May I have
your comments by April 25th.
Please note: This matter is exempt from growth management reviews because
of a recent amendment adopted by Council which exempts di,vision into no
more than two lots. .
a
9~~
.
.~
,
\
\
"
'.
'-...
^
, '
~
M E M 0 RAN DUM
TO: Dave Ellis, Engineering
rjim Markulunas, Water
Jim Holland, Parks
George Newell, Fire Department ,
Heiko Kuhn, Aspen Metro Sanitation District
"': Mounta in Be 11
Aspen School District
~Holy Cross Electric Association
FROM: Karen Smith, Planning Office
RE: Parry Preliminary Plat
DATE: April 4, 1978
Please find enclosed a copy of. the Parry preliminary plat submission, which
involves a two lot subdivision on Sneaky Lane near Castle Creek. A single
family house already exists on the property. I have tentatively scheduled
the .matter for a public hearing at the May 2ndP & Z meeting. May I have
your comments by April 25th.
Please note: This matter is exempt from growth management reviews because
of a recent amendment adopted by Council whi ch exempts di,vi si on into no
more than two lots. .
1t ~ ~ tt..! ",..~.t4iR (J..~O ..;.
~..~ ij ~ W~.
~ W~ .e..l.~.-4-. ~
D4 v;Lt- Vt-> .#! ..])~ t- M,wtJ
,. Wi14:Ju ~. .!j~.. fJW~~ M~/~
"j1?4}/S ~;;I/64 !WlNS. .....~ ~ 1I.I"../-tL.
ok. T~'.~.~.~'
~.b ~ >>6<-6 ~
~. w ~ · Cii..:b. v..~.
" 5~ /H.. Ak l4 ~ J) ~ Iq. 0
.P.tRb M>. .ob j~:> V3 ~. ~;;;..J
"\,
~~ ..I:J~ #.z,e)
TRI.CO MANAGEMENT, IN~
Planninge Design e Surveying e Eng'!ring
Construction and Management of land
Box 1730
ASPEN, COLORADO 81611-
~
[]J~lfu[OO @[f 1fOO~~~[KjiJ01f1f~[L
(303) 925.2688
om .1~.78
-(,7-t..
ATTEN1'ION
RE;
TO ~IN.(; CFf1a:
('-''-'1 OF~FeN
GENTLEMEN:
WE ARE SENDING YOU
o Shop drawings
o Copy of letter
pi. Attached 0
o Prints
o Change order
Under separate cover via
o Plans
o
o Samples
the following items:
o Specifications
COPI ES
DATE
NO.
DESCRIPTION
f
THESE ARE TRANSMITTED as checked below:
o For approval
o For you ruse
o As requested
~For review and comment
o FOR BIDS DUE
o Approved as submitted
o Approved as noted
o Returned for corrections
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
o
19
o PRINTS RETURNED AFTER LOAN TO US
REMARKS S)~( lISc"-'N FFJSS WI.U",J3t: P.M 0 DleEO"V1 13'1 G~ PItf2.~-,-
J?/.i2Afi;. (..4I.LJf1 M AT Cf1-S~ 501, z.. C'K.. 'itS - '1$1---30 I t.Jfh~
---lliM Cf-1J:te. ~I\IT~t:E::B7.
COpy To~./)'fhE:..- PAR~
SIGNED: ~rxlli{.U)~
.
FORM 240-2 Available f,om!N'itfBS!lnc,. Townsend, Mass, 01470
If enclosures are not as noted, kindly notify us at once.
'-',
~.
'@
Mountain Bell
Grand Junction, Colorado
January 4, 1978
Ms. Karen Smith
Aspen Planning and Zoning Commission
130 South Galena
Aspen, Colorado 81611
Re: Parry Subdivision
Dear Ms. Smith:
We have received an inquiry from George Parry regarding the subdivision
of his land in the West area of Aspen. Mountain Bell does not have any
recorded easements covering our buried telephone cable that is located
within the boundary of a road known as "Sneaky Lane". In talking with
Mr. Parry, we suggested that he dedicate this roadway to the use of the
public as a utility corridor as it appears to be serving that function
now.
May we suggest the following phraseology be used in the dedication of
the roadway across his property.
"And hereby dedicate to the PUBLIC UTILITIES a perpetual easement for
the installation and maintenance of utilities and drainage facilities,
including, but not limited to, electric lines, gas lines, telephone
lines and sewer and water lines, over and through the PRIVATE ROADS as
shown on the plat within this subdivision; together with the perpetual
right of ingress and egress for installation, maintenance and replace-
ment of such lines; said easements and rights shall be utilized in a
reasonable and prudent manner."
We believe all preliminary, as well as final plats should show the
dedication, or reference to the particular "Protective Covenants"
which will run with the property. Also, all "Private Roads" should
be dedicated to the utilities for the installation, operation and
maintenance of gas, lights, power and telephone lines. No easements
should be dedicated to the property owners, cities or counties ex-
clusively; all easements should be dedicated to the publickutilities
companies.
1'""\
,..
~.
@
Grand Junction, Colorado
January 4, 1978
Page 2
The above request is in accordance with C.R.S. 106-2-34 (3) (d) (viii)
and the Colorado Land Use Commission's paragraph 5-2, Item #G-7.
We appreciate the opportunity of being able to review this plat.
Very truly yours,
~~MO~ :!:-
Right of Way Agent
P. O. Box 2688
Grand Junction, Colorado 81501
JAM:cr
cc: George Parry, owner
Tri-Co Management
Bill Strong, Mountain Bell
~
-,
, '
t""\ ,.-, .
'-t1
5U
,,'
oJ
M E M 0 RAN DUM
TO: Aspen City Council
FROM: PlaOl!ing Office, Bill Kane
~E: ~~oncePtual Subdivision Application
DATE: December 16, 1977
George Parry has requested subdivision exemption for the division of a
2.278 acre parcel on Castle Creek across from the City Shop's location.
The zone district is R-30, Mandatory PUD, and one single family house
is located at the north end of the property. The City Planning and
Zoning Commission considered this request at their meeting of December 6,
1977, and heard comments from both staff and George Parry, as the appl i-
cant, and determined that the site presented sufficient number of problems
to justify the full subdivision procedures. Conceptual subdivision approval
was given by the Planning Commission at this meeting.
While we sympathize with George and realize that this is a relatively
minor development matter, we cannot recommend exemption from the sub-
divi si on procedures for the following reasons: .
1. More detailed information is needed on the exact location
of the floodplain ,(100 year) .and the proposed building
site. This information is required because of the city
zoning regulation which excludes from density calculations
land under water. A simple engineering determination
needs to be made to prove that the resulting lot will
have a minimum of 30,000 square feet free.of the channel
of Castle Creek.
2. The subdivision procedures provide for public hearing to
advise all those in the surrounding areas to the building
location, lot creation.
3. As of this writing, easements have not been properly shown
for sewer or electric.
4. The exemption procedure does not provide for adequate
record keeping with respect to conditions imposed by
City Councilor proper survey recording with final
checks to the Engineering Department.
5. The most important point is that we can not find any
examples of record \'Jithin the last several years of
where land divisions outside the officially platted
townsite lots have been granted exemption from the
subdivision procedures. Within the exemption language
in the City Code, it is hard to justify exempting this
land split from the subdivision procedures. ~
As a practical matter, George will have to go back to P&Z for stream margin
approval anvwav bv followinq full subdivision procedures. Stream mar'lin
aporoval could be given at the time of preliminary plat submission, completing
this work, then the subdivision can be sent back to Council for final plat
approval in a speedy way. Of course, the distinction here is that the
land could be sold without having received stream margin approval and
stream margin reviews could be accomplished at the time of building permit
issuance. In fact, the full subdivision procedures do create an additional
time delay that is one, that on balance we feel is warranted in this case
and we feel that special consideration would have to be given to exempt
.~.
\
Aspen City Council
December 16, 1977
Page Two
this application from the full subdivision procedures in that no clear
precedent for it exists to date.
We recommend that the Council approve this as a conceptual subdivision
application with the understanding that adequate information be shown
for the extent of the 100 year floodplain; proper showing of easements
for sewer and electric facilities; and the showing that adequate area
exists for the new lot, taking into consideration the exclusion of land
under water.
lmk
~\
~
~.
\y' .
1)'~~'
4Af....l
M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Parry - Subdivision Exemption
DATE: December 2, 1977
George Parry has requested subdivision exemption for the division of a
2.278 acre parcel on Castle Creek across from the City Shops location.
The zone district is R-30 PUD and one single family house is located at
the north end of the property. While at first glance the matter appeared
to be a fairly simple division which could be found to be in compliance
with subdivision design standards, Dave Ellis has noted several issues
that speak to the contrary and suggest the full subdivision procedure
is warranted (see December 1st memorandum attached).
Dave has several engineering concerns: including proper utility and
easement location and dedication. He notes that the existing lot is
on unplatted land and that the best way to secure compliance with sub-
division review. In addition, subdivision approval will result in
better public land records, consumer protection, and adequate review of
numerous' matters in the public interest.
The Planning Office especially agrees with the need for revision of the
proposed lot boundary. As currently drawn, the new lot woul d not meet
the zone district minimum lot area of 30,000, primarily because6f
the mandatory subtraction for density claculation of lots under water.
While a PUD could provide some flexibility in this respect, we would
recommend against anything less than standard lot size since the PUD is
only two lots and would probably not provide common area. Further
reviews should also specify a building envelope which is outside the
100 foot stream maring. As drawn, this would not be possible.
In the interest of expediting the application, we concur with Dave and
recommend conceptual approval subject to reorientation of the lot bound-
ary and designation of specific building sites and resolution of specific
engineering concerns in the preliminary plat phase. A park dedication
fee will also be required. We also recommend exemption from PUD since
we belive that concerns over building placement, floodplain, and stream
margin review may be resolved through subdivision. No further PUD
purposes as stated in 24-8.1 woul d be served by requi ring the full
procedure for a 2 lot subdivision where one house is already built.
For your information, the Planning Office and City Attorney are preparing
an amendment to the G.M.P. ordinance that would exempt single lot splits
from the ordinance. It is difficult administratively to score these lot
splits on most of the criteria and realistically none would be able to
obtain an adequate number of points under the employee housing section
in particular. Any building on such splits would be counted against:the
quota.
Because of the size of the plat, it is not incluced in the packet but
may be viewed in our office.
lmk
enc.
'---."
~
~
MEMO
TO:
KAREN SMITH
PLANNING DEPARTMENT
FROM:
DAVE ELLIS
ENGINEERING
DATE:
December 1, 1977
RE:
SUbdivision Exemption Request ~ Parry Subdi~
vision
This exemption request is for the parceling of 2.278 acres
into two lots, one containing the existing single family
dwelling and the second for a future single family dwel-
ling. In reviewing the request we have looked at the pur-
pose and intent of the subdivision regulations as spelled
out in Section 20-2 of the city code which includes im-
provement of public land records, safeguarding the interest
of the public and the subdivider, and providing consumer
protection for the purchaser.
In this instance the proposed project involves the divi-
sion of unplatted land and an exemption would not provide /
an adequate plat for the public record. There is also the
matter of stream margin and flood plain review; the vast
majority of Lot 2 lies within 100 feet of Castle Creek.
Lot 2 as presently located does not contain 30,000 net
square feet, due to deductions for land under water and in
use as roadway; however, George Parry has indicated the
lot lines can be adjus.ted. Existing power and utili ty lines
cross the new lot and should be coVered by reservation of
appropriate easements, Finally, there is the creation of an
additional building site in the same general area where
considerable public opposition has been expressed at past
development proposals. The exemption process would cir-
cumvent opportunity for public input at the public hearing
phases of full subdivision review.
For the reasons stated above, we are recommending that the
exemption request be denied, but that subject to the appli-
cant ,. s concurrence, conceptual subdivision approval be granted,
N'e feel that in this case the full subdivision procedure would
be beneficial both for the future owners and the public.
jk
cc: George Parry
A ^,
. TRI-CO ~Aanagement, Inc.'
Planning. Design. Surveying. Engineering. Construction
and Management of Land
NOvember 16, 1977
73-67-2
Parry
New Lot 2
DESCRIPTION
A TRACT OF LAND SITUATED IN THE NE 1/4 SW 1/4 AND
THE SE 1/4 NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE:SIXTH PRINCIPAL MERIDIAN,
PITKIN COUNTY, COLORADO AND BEING MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE CENTER 1/4 CORNER
OF SAID SECTION 12 BEARS N 75058'03" E 561'.33 FEET;
THENCE S 62050'00" W 89.12 FEET TO THE CEN3;'ERLINE
OF CASTLE CREEK;
THENCE N 36019'00" W 45.00 FEET ALONG SAID
CENTERLINE;
THENCE N 54043'00" W 207.08 FEET ALONG SAID
CENTERLINE;
THENCE N 16045'00" W 120.24 FEET ALONG SAID
CENTERLINE;
THENCE N 17014'00" E 35.13 FEET ALONG SAID
. CENTERLINE;
"'THENCES 60036'25" E 350.74 FEET;
THENCE S 03058'00" W 91.95 FEET TO THE POINT OF
BEGINNING CONTAINING 0.998 ACRES MORE OR LESS.
t
A Subsidiary of Trlco Corporation . Offices throughout the West
Box 1730
Aspen
Colorado 81611
303'925.2688
- 1"-,
,,--....\
November 25, 1977
I wish to subdivide this property because I have to sell
my home in order to make a divorce settlement. I wanted
to sell the house with all of the land, but I have found
that no one wants a house in the city with 2-3 acres of land.
So, the only way I can sell the house and all of the land
is to divide the property into two parcels.
A friend of mane who is a local employer here in Aspen
wishes to purchase the land and build his own house on the
property.
I would like a subdivision exemption because I am
only dividing one piece of land into two seperate parcels.
The subdivision complies with all design standards and
subdivision regulations and therefore is outside the intent
of full subdivision reviews.
George Parry
~~
,
~
,
SCHEDULE A
Order Number: 7087
1. Eff.ct;v. date, April 27. 1977 at 8:00 a.ln. .
2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured:
GEORGE PARRY
B. ALTA Loan Policy
Proposed Insured:
FIRST NAnONAL BANK IN ASPEN
c.
~.
,
Commitment Number: CC 44818
.
Amount of Insurance PremiUDI
S sd('
179.000.00 $475.25 ;;--
s
143.200.00 $20.00
$
Tax Certificate $5.00
~
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto
is at the effective date hereof vested in:
406002
COPY t=OR ISSUli'2G
;-..-"",,,,..,..
'",.1"'".;",,;;::
RAYMOND K. LAW and MARY LYID!i'E LAW
4, The land r-iferred to in this commitment is described as follows:
Lot 25.
WEST ASPEN SUBDIVISION. Filing No.1,
\
County of Pitkin. State of Colorado
Authorized Countersignilture
Page 2
STEWAR'l' TITLE
GUARANTY COMPA:-l):"
.~.
~
SCHEOlTLE B - Section 1
Order Number: 7087
Commitment Number: CC 44818
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of 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)
./
Release by the Public Trustee of Pitkin County of Deed of Trust
from Raymond K. Law and 11.ary Lynne Law for the use of Rocky Mountain
Savings and Loan Association to secure $42.000.00. dated September 25.
1971 and recorded October 4. 1971 in Book 258 at page 323.
(d)
/
Release by the Public Trustee of Pitkin County of Deed of Trust
frOlll Raymond K. taw and Mary Lynne Law for the use of Ralph Coffey
to secure $19.000.00. dated September 15. 1971 and recorded October 5.
1971 in. Book 258 at page 343. .
-(e)
Deed frOll\ Raymond K. Law and Mary Lynne Law with recital in the
b":fY. signature. and acknowledgment that grantors are husband and
wife to George Parry.
" \
. ,
--tf) Deed of Trust from George Parry and his spouse"li:t.th a recital in
"
the body. signature and acknowledgment that the grantors are husband .
and wife. to the Public Trustee of. the County of Pitkin for the
use of First National Bank in MP{'n ,to secure $143.2.00.00. If
George Parry is not married then.3,. red. tal should be made in the
body. signature and acy-nowledgment 't4itt the grantor is an unmarried
man. ;~\
(\ ,
\ '.
" \
" \
\, \
r\
\
\,,-)
,,)
.
406003
Page 3 STEWART TITLE
COpy FOR: iSSUING Or-fiCE GUARANTY COMPANY
,.
~
,.--,.
Order Number: 7087
SCHEDULE B - Section 2
Exceptions
The policy or policies to be issued will Contain exceptions to the fOllowing unless the same are disposed of to the
satisfaction of the Company:
Commitment Number:CC 448
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.
.'11/3. Discrepancies, conflicts in boundary. lines, shortage in area, encroachments. and any facts which a Correct
-"7 ~r~i.-I survey and inspection of the premises would diSClose and which are not shOwn by the public records.
4. Any lien, or right to a 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.
6. Any and all unpaid taxes and assessments and any and
which have not been properly redeemed or cancelled.
Certificatl'i of taxes dul'i has been ordered.
all tax sales
Treasurer's
7. Right of a proprietor of a vein or lode to extract and removl'i his
ore should the same be found to penetrate or intersect SUbject property.
as reserved by Patent of rl'icord.
8. Eas~lllent for utilities over said Lot as shown 0'1 the recorded plat of
said SUbdiViSion. ~\
9. Restrictions, wh:tch do not contain a forfeiturl'i reverter clause.
.0 """"""", t, ""',,"-, ~-..... S",..,,,, 5. 1 ~7, in Book 229.
at page 78. as amended by instrum n ,recorded Octobe 4, 1967. in
Book 229 at pagl'i 507 and as amendl'i b instrument rec oded March
11, 1976 in Book 309 at at pagl'i 497.
10.
Terms, conditions~' ~l1g ations Cont
of West Aspen Flome er Association.
Book 233 at pagl'i 496.
10 foot 'ffi.;lity ea_nt ,'~ and across subject property, parallel
to and ab tting the County ~6ad 19 as set forth in instrument recorded
January 21, 1968 in BQok 235 at page 118.
ned. in Articles of Incorporation
ecorded March 6, 1968 in
11.
12.
Any tax, asse S1ll\.nt fees or charges by reaSOn of the inclusion of
the subject pr~rty in Aspen Fire Protection District, Aspen Hetropolitan
Sanitation District, The City of Aspen and the Aspan Valley Hospital
District.
i
I
I
I
I
I
>
Exceptions numbered
are hereby omitted.
406004
Page 4 STE"WAR.'l'TITLE
COpy FOR ISSUING Or-FICE GUARANTY COMD.....