HomeMy WebLinkAboutLand Use Case.Trueman Neighborhood Commercial Project.SU-1979-2
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MEMORANDUM
DATE: January 4, 1979
TO: Members of City Council
FROM: Ron Stock
HE: Amendment to Subdivision Agreement of the
Trueman Neighborhood Commercial Project
The Trueman Neighborhood Commercial Project has encountered
problems which were not anticipated or addressed in the Sub-
division Agreement. To solve these problems, I have negotiated
with the developer to amend the Subdivision Agreement. I
request and recommend your approval of this agreement.
Dave Ellis does not agree with my position. I have included
in the packet for your consideration a copy of his memorandum
which expresses his opinion. Basdc~lly, he agrees that problems
exist which are unaddressed and unresolved in the Subdivision
Agreement. However, he believes these problems were caused by
the developer or that the developer has failed to address the
problems when found.
To a limited extent, Dave is correct that the developer's
action has created part of the problem but I have found that
the developer was willing to negotiate in good faith. Further-
more, there seems to be no alternative in that if I follow
Dave's argument to its logical conclusion, I must fail to
negotiate thus leaving the Subdivision Agreement which we all
know to be defective. Such action would not seem to be in the
best interest of the community. For this reason, I request
your approval.
Drainage Improvements - Lot 2
The developer has sold lot 2 to the United States Post Office
and the Post Office has agreed to construct the drainage improve-
ments as indicated on plans previously approved by the City.
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Memo to City Council
January 4, 1979
Page 2
The Subdivision Agreement requires Trueman to complete this
construction prior to the issuance of a Certificate of Occupancy
to the bUilding being constructed on Lot 1. The developer
has requested and the amendment reflects the agreement on
the part of the Post Office to construct these improvements.
However, part of the drainage on Lot 1 is to be deposited in
a drainage pond located on Lot 2. Since we may be unable to
coordinate the construction of the drainage system I have
included the provision which will require the developer to con-
struct this drainage pond in the event that the Post Office
would refuse.
On the preliminary plan submitted by the Post Office, they have
indicated to us their intention to construct these drainage
improvements as required.
Drainage Improvements - Lot 3
Everyone, including our engineering department, was under the
mistaken belief that the road constructed on Lot 3 was located
on the westerly lot line. Based on this assumption, they
requested and obtained an easement parallel to the westerly lot
line on which easement the City was allowed utility and access
use. The developer agreed to construct a grass line swale within
this easement. After a survey of the property, it was determined
that the lot line was further west than believed. As such, it
was impossible to construct a grass line swale for drainage and
to allow vehicular access within the easement as granted.
Utilities had been constructed within the easement. Therefore,
considering the shape of the lot it became unreasonable to
move the easement.
The agreement amends the Subdivision Agreement in that the
City is granted an irrevocable license of access through all
of Lot 3 until there is construction of future improvements
on the property together with a grant of a specific access
easement through Lot 3. This allows the developer to construct
the proposed drainage improvement with new specifications and
plans to be drafted by him and approved by the City.
Puppy Smith Street - Above-Ground Lighting
At the time of Council approval of the project, the Council
conditioned its approval upon the developer agreeing to bear
one-half of the cost of the above-ground lighting improvements
on Puppy Smith Street. However, this condition was not
included in the Subdivision Agreement. The agreement amends
the Subdivision Agreement by making this a requirement upon the
developer.
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Memo to City Council
January 4, 1979
Page 3
Utility Improvements
The Subdivision Agreement requires the developer to remove
two power poles owned by Holy Cross Electric Association from
the property. Holy Cross has demanded of the developer the
payment by him of the cost of replacing this service to its
customers. The developer would probably agree to this require-
ment except that Holy Cross wants the developer to pay for the
entire cost of underground service rather than above ground
service.
It is the City's position that the poles must be removed and
that the cost of removing them is a matter of negotiation
between Holy Cross and the developer. The City will not take
a position in these discussions.
The developer has requested and the agreement provides for a
one year period in which to resolve this conflict. Jiowever,
to protect the City since Certificates of Occupancy will have
been issued, I have required that he place a performance bond
in the amount demanded by Holy Cross to insure the full and
faithful performance of this obligation.
Puppy Smith Street
Puppy Smith Street is to be paved at the expense of the developer.
However, both the developer's engineer and our engineering depart-
ment failed to require the placement of a culvert at the inter-
section of Puppy Smith Street and Mill Street to handle the
drainage resulting each spring. The developer was required in
the Subdivision Agreement to construct Puppy Smith Street according
to plans and specifications approved by the engineering department.
These plans and specifications have been approved but they do
not include the culvert.
The agreement amends the Subdivision Agreement by requiring
both the City and Trueman to pay for one-half of the cost of
the culvert with the developer providing the cash to pay for
the acquisition of the culvert and the City providing services
in kind to install the culvert.
Since there is some likelihood that the City will present to
the voters a plan to improve Mill Street at the next general
election, this agreement recognizes this possibility. In the
event that the City does submit such a plan to the voters and
it is approved, there will be no need for the installation of
a culvert and the developer will be relieved of this responsi-
bili ty.
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Memo to City Council
January 4, 1979
Page 4
Because paving of Puppy Smith Street will be delayed until
after the May election to avoid the expense of paving the
entire street and then removing this paving to install a
culvert, I have required the escrow of cash in an amount
equal to Elam's bid for paving. This escrow will protect
the City when it issues Certificates of Occupancy prior to
the completion of this paving project.
Pump House
An agent of the developer agreed with the engineering depart-
ment that it would replace the pump station if we would remove
it for their convenience in establishing a new grade. The
City acted in reliance upon this agreement and removed the
existing pump house. The City has no legal right to have a
pump house on Trueman's property. We leased this location
from the railroad for $50 in 1962. Since that time we have
not had a legal right to occupy the property. In 1968 the
railroad prosecuted a quiet title action which listed the
City as a defendant and an order was issued by the District
Court stating that we had no right, title or interest to the
property. Therefore, Trueman has a legal right for compensation
for the taking of the pump station site. His legal right
to compensation was recognized in the Subdivision Agreement
but not resolved.
The agreement requires the developer to deed to the City this
site at no cost including an access easement for operation and
maintenance as well as easements necessary for the operation
of any water delivery system from the pump house. Further,
the developer agrees that he will regrade the area around
the pump house as necessary to accommodate construction.
In return the City agrees to construct the pump house at its
own expense.
In all other respects, the Subdivision Agreement remains in
full force and effect.
I believe that the City is adequately protected in that each
Certificate of Occupancy can be conditioned upon full completion
of the requirements of the Subdivision Agreement as amended.
No Certificate of Occupancy need be issued on Lot 2 or Lot 3
unless full compliance is met. The building office may issue
Certificates of Occupancy regarding the improvements on Lot 1
until it reaches a point, perhaps somewhere near one-half
occupanc~ when the structure must be completed before another
Certificate of Occupancy is issued. Finally, on the two items
which allow for completion in the future, the City is protected
by a performance bond and a cash escrow.
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AGREEMENT
TRIS AGREEMENT, made and entered into this /9
day of {J e.c t5"",iSRA . , 1978, by. and between'
JAMES R. TRUEMAN of Columbus, Ohio, hereinafter referred to
as "Trueman", and THE CITy,oF ASPEN, Colorado, a Municipal
corporation, hereinafter referred to as "City".
WIT N E SSE T H :
WHEREAS, Trueman and. the City entered into a Subdivision.
Agreement for the Trueman Neighborhood Commercial Project
hereinafter referred to as "TNCP" dated the 8th day of April,
.
1977, which Agreement affected a tract of .land situated in
the Southwest one-quarter of Section 7, Township 10 South,
Range 84We~t of the 6th Principal Meridian, City of Aspen,
pitkin County, Colorado, which property is known as Lots I,
2, 3 and 4 and Out Parcels A and B, TNCP; and,
~REAS, Trueman has constructed improvements of Lot I,
TNCP; and
WHEREAS, Trueman is desirous of obtaining the Certificate
of Occupancy for those improvements constructed on Lot 1;
and,
WHEREAS, there were certain obligations in ~he afore-
mentioned Subdivision Agreement which had to be completed before
Trueman would be entitled to receive the Certificate of Occupancy
from the City of Aspen for the aforementioned improvements; and
WHEREAS, it has become necessary to modify the aforementioned
Subdivision Agreement in order to meet certain contingencies
not contemplated by the parties at the time of the execution of
that Agreement; and
WHEREAS, Trueman and the City are willing to enter into
such. agreement for their mutual benefit,
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, and the issuance of the
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Certificate of Occupancy for the improvements constructed on
Lot 1, TNCP, the parties hereby agree :asfo1lows:
1. DRAINAGE IMPROVEMENTS :... LOT 2. The parties hereto
recognize that it is their intention that all drainage improve-
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ments required under the Subdivision ~greement on Lot 2, TNCP,
snaIl be constr~d by the United State~ Post Office, the
purchaser from Trueman of this Teal property. If the United
States Post Office refuses to construct. the drainag~ pond as
.' ~hown'. on the drainage plan heretofore approved by the Ci ty "
Trueman agrees that he will construct said drainage pond within
ninety (90) days of the receipt of the written request of the
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City to. proceed.
.. .. ' 2.. DRAINAGE IMPROVEMENTS - LOT 3. Trueman agrees to
construct all drainage improvements required under the Subdivision
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Agreement on Lot 3., TNCP. It is agreed that the aforementioned
agreement requires the construction of a simple grass-lined
swa1e in accordance with specifications and plans which are to
be drafted by Trueman and approved by the City to allow construction
within the easement designated on the Final Plat of the TNCP
which plat is of record in the office of the Clerk and Recorder
in and for the County of Pitkin.
~he parties hereto further recognize that it is their
intention that the City shall be granted a right of access through
Lot 3, TNCP. Toward this end Trueman shall grant to the City an
irrevocable license of access through all of Lot 3, TNCP, which
license shall become null and void upon the construction of
future improvements on the property together with the grant to
City of a specific access easement through Lot 3, TNCP.
3. PUPpy SMITH STREET - ABOVE GROUND LIGHTING. Trueman
agrees to bear fifty percent (50%) of the cost of the above
ground lighting improvements. It is estimated that Trueman's
cost for these above ground lighting improvements will be
approximatelY One Thousand Three Hundred Fifty Dollars
($1,350.00) '1
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4.
UTILITY IMPROVEMENTS.
The City hereby agrees to
give Trueman one (1) year from the date hereof in which. to
resolve his difficulties with ~oly Cross Electric Association
concerning the removal of two power poles, as shown on Page 3
of the Final Plat for the TNCP. . Trueman herehy agrees to post
a surety hond in the amount of Eight Thousand Five Hundrea
Dollars ($8,500.00) to insure his faithful performance of
'his obligation to remove said poles including the relocation
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of electric transmission lines... either above ground or'below
ground.; if. necessary for the removal of said poles.
5. PUPPYSMI~~TREET. The parties hereby recognize it
is impossible to pave Puppy Smith Street during the fall of 1978,
and therefore agree that Trueman shall pave Puppy Smith Street
according to plans heretofore approved by the City after the
municipal election to be' held in May of 1979, but on o~before.
~uly I, 1979. The parties also agree that Trueman shall continue
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<i.;~.. ~:'. :t? ~escrow in cash, an amount equal to Eight Thousand Dollars
>';>'<'~$;,:.g:cio.oo), for the full performance of his obligation to pave
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r:::~;.~;~~;~::r~ri,.~;~~~;;tyt?-%t is agreed that if the City abandons its plans
~,.,:,::;.-;~?~~-,,.~urt!:;r .i;~~~ove Mill Street either by not submitting a bond
1t~; ~ .$"01'.;.:' ,..'. ...~." ~..
~t~::...)<::~u.~.~tioQ to the.public at the general election to be held in
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:;...._'.~..Jiay of 19~9...\?r if said bond issue should. fail, Trueman will
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~-:.':tt.~.~: rei'mburse :'the 'Ci ty an amount equal to Seven Hundred Fifty
..~.;.:.,::"':.'.;..~~:.~,:. ..:-~ .:; :...~~.:~..r.. ,
~:.~:-: :.Dd_l:~~rs ($750.00) as his share of the cost of a culvert to
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':':~~.:"; ...; . be :instilled
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. Hili Street.
at the intersection of Puppy Smith Street and'
This payment shall be due and payable within
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..;'thlrty (30) days' of the installation of the said culvert'.
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.0. . PUMPHOUSE. Trueman hereby agrees to either grant an
easement or deed to the City, at the option of the City, all
land necessary for the City's ownership of the pumphouse site,
together with an access easement for operation and maintenance
thereof, as well as any easements necessary thro~gh his property
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for the operation of any water delivery system from the
aYorementioned pumphouse. Trueman further agrees that he
will cause his property around the pump house to be slightly
. r:!Kraded, .if necessary, to accollUl1odate the city ~s construction
of improvements on the pump house site, which improvements
shall be constructed solely by the City without any right
.of contribution from Trueman.
7. All of the requirements of. the Subdivision Ag~eement
above-described which are not specifically modified herein shall
remain in full force and effect, including, but not limited
to, those matters required as a condition precedent to the
issuance of a Certificate of Occupancy on Lot 1, TNCP.
8. BINDING EFFECT. This Agreement shall be binding upon
the. parties bereto,their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this-~ day of
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1978.
CQ~ntyo~ pitkin
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Trueman
STATE OF COLORADO
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',-TlJe foregoing instrument was acknowledged before me this
/Jy-{A.'day ;':'f December, 1978, by James R. Trueman.
WITNESS MY HAND AND OFFICIAL SEAL. _,
ldy cOllUl1ission expires: 2/i1-/~1
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-Kathryn. Koch
City Clerk
CITY OF ASPEN
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M E M 0 RAN DUM
TO:
RON STOCK
CITY ATTORNEY
FROM:
DAVE ELLIS
CITY ENGINEER ~~
DATE:
December 18, 1978
RE:
Amendment Agreement to Trueman Subdivision
Improvement Agreement
The purpose of this memo is strictly to reiterate the verbal com-
ments I had regarding the Amendment to the Trueman Subdivision
Agreement. In the last 20 months since the approval of the sub-
division and the execution of the original subdivision agreement,
the engineering department has attempted to work as closely as
possible with the Trueman construction personnel. We advised them
in June 1977 and again in the spring of 1978 of the need for modi-
fications in the drainage system. We have also dealt with them
repeatedly on the .matters of the street improvements. Not until the
final hou~ when a certificate of occupancy for the market was desired
and the weather was too severe to reasonably complete the remaining
subdivision improvements, did Trueman approach the City in an attempt
to resolve the matter.
With regard to the pump station, it is clear that Trueman does have
some legal recourse for compensation for the taking of the pump sta-
tion site, and hence, some negotiating leverage. However, it is also
perfectly clear to me beyond the slightest doubt that the verbal
understanding reached between myself and James Lakin, Trueman's job
superintendent for eighteen months, was extremely clear as to each
party's responsibility in reconstructing the demolished pump station.
Likewise, I feel the original subdivision improvements agreement is
quite clear as to responsibilities and the conditions under which
a certificate of occupancy will be issued.
It is for these reasons that I strenuously object to entering into
any amendment which would allow occupancy of the remainder of the
project prior to the completion of the subdivision improvements as
envisioned in the original agreement. I have not seen any indications
from Trueman in the last twenty months which leads me to believe that
he will honor the amendment any more readily than he has honored the
previous commitments. Quite clearly the only effective leverage which
the engineering and building departments have for enforcing the agree-
ment is the withholding of the certificate of occupancy. It is now
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Page Two
Re: Amendment Agreement to Trueman Subdivison
Improvement Agreement
December 18, 1978
approaching three years since the approval date on a similar sub-
division, the Aspen Club project, and we are still trying to obtain
compliance on a few remaining items which were not complete at the
time a certificate of occupancy was issued. The engineering depart-
ment nor the City has the time to spend in this fashion on another
protracted subdivision project.
One final note I would like to add is that Clayton has already been
approached for certificates of occupancy on additional buildings in
the complex, and I have had absolutely no indication that the items
not covered in the amendment are even being worked on. These include,
among other things, as-builts of all the utilities and granting of
as~built easements for all utilities.
cc: Mick Mahoney
Clayton Meyring
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Department (HC)
RE: Trueman Subdivision SPA Amendment for Additional Housing -
Public Hearing
DATE: April 6, 1977
This is a Public Hearing to consider the request by James Trueman to
amend the SPA final plat andplan for the Trueman Subdivision by the
addition of 1,208 sq. ft. of employee housing units. The approved
SPA plan allows 10,000 sq. ft. of employee housing units to be
located on the upper floor level of the project and requires con-
struction be initiated within 18 months after the completion of the
first (commercial) phase of project construction. The additional
housing space would not change the height or footprint of the com-
mercial building, but only "FILL OUT" the second space above the
first floor area.
The joint recommendation of the Planning Office and Planning and
Zoning Commission on the S.P.A. amendment is for approval subject
to the following conditions:
1) All of the accessory housing units (18 units) be
restricted to a minimum six month lease.
2) The employee units be restricted from future
condominiumization so as to insure their use as
accessory units.
3) Periodic reports to the Housing Authority be made
on the occupancy characteristics of the employee
units.
Detailed drawings showing the proposed changes will be available at
the City Council meeting for your inspection.
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Department (HC)
RE: Trueman.. Subdivision SPA Amendment for Additional Housing
DATE: March 9, 1977
This is a request by James Trueman to amend the SPA final plat and plan
for the Trueman Subdivision by the addition of 1,208 sq. ft. of employee
housing units. The approved SPA plan allows 10,000 sq. .ft. of employee
housing units to be located on the upper floor level of the project and
requires construction be initiated within 18 months after the completion
of the first (commercial) phase of project construction. The. additional
housing space would not change the height or footprint of the' commercial.
building, but only "FILL OUT" the second space above the first floor area.
The Planning and Zoning Commission on February 22, 1977 at a Public Hearing
on the S.P.A. amendment recommended approval subject to the following
conditi ons:
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1) All of the accessory housing units (18 units) be restricted
to a minimum six month lease.
2) The employee units be restricted from future condominiumization
so as to insure their use as accessory units.
3) Periodic reports to the Housing Authority be made on the
occupancy characteristics of the employee units.
The Planning Office recommends setting a Public Hearing for April 11, 1977
to consider the S.P.A. amendment allowing the additional 1,208 sq. ft.
for accessory housing units subject to the concerns expressed by the
Planning and Zoning Commission. Detailed drawings showing the proposed
changes will be available at the City Council meeting for your inspection.
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Copland Hagman Yaw Ltd
P. O. Box 2736
Aspen, Colorado 81611
16 February 1977
Aspen Planning & Zoning Commission
City of Aspen
130 S. Galena
Aspen, Colorado 81611
Re: Trueman Commercial Complex
Dear Commission Members:
We wish to correct our letter of 24 January 1977 which requests an
amendment to the SPA Zoning for the above project with regard to
the addition of two (2) one -bedroom rental units. The tabulation
should be corrected to read as follows:
TABULATION
Existing Unit Design (15) one Bedroom Units @ 604 s. f. =
Existing Managers Unit @
9060 s. f.
940 s. f.
Subtotal
New Unit Design - Add (2) one Bedroom Units @ 604 s. f.
18 Units
10, 000 s. f.
1,208 s. f.
11,208 s. f.
Total
We therefore amend our request to the addition, over and above the 10,000 s. f.
net allowed by zoning, of (2) one bedroom units collectively amounting to a
1208 s. f. addition.
We wish to re -emphasize that the building height and massing is not affected
by this change nor is the approved building footprint.
Respectfully submitted
Co land Hagman Yaw Ltd
Joh L. y~ts
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cC: JR Trueman
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l!'ebruarr 7, .1977
Pat ll.. Dalrymple
Aspen Sav1l1gs & Loan Assn.
Box 2121
Aspen, Colorado 816H
Dear Pat:
The Trueman Development F1nal Subdivision Plat shows a triangle
of land to be sold to Aspen Savings & Loan. The representation
of this lot on the Final Plat conStitutes full approval by the
City of Aspen of this lot fw aale PlU'Poses. Larry Yaw 1s pre-
paring the final plat fw recording. Sbolldyou need a copy I>f
this final plat at this t1llle, please contai:t Larry.
S1ncerely,
k~
IiacIIlld Clark, Jr.
Land Use Administrator
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INGS& JLOAN ASSNIIII
R. O. BOX 2121 · Aspen, Colorado 81611 . (303) 925-1474-5
February 2, 1977
HaJ. Clark. .
City: PJ.annirig Department
City of Aspen
Asperi, Colorado 81611
near HaJ.~
I certainlYcq:>preciate your prarpt J:lE;lPly to my JrellO regarding the plot
being CQnVeYedj:o us Oy ~.. Alilie tells us we should have a letter
. iran ydu, or scne,other approm:-iate city department, saying that the
triangle is in fact a separate piece of larid and that subdivisicn exerrp-
ticntherefore isn't necessary. 'lhis, I understanch will make certain
we have. noprabJ.ans or clouds on the title in the future.
'~;'._..~-cc-..-. -
My thanks for your help.
Best wishes,
atrick R. Dalryl!ple
Executive Vice President
PRD!eav
DEPOSITS INSURED BY THE FEDERAL SAVINGS & LOAN INSURANCE CORPORATION
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PUBLIC NOTICE
Notice is hereby given that a Public Hearing will be held before the Aspen
Planning and Zoning Commission on February 15, 1977 at 5:15 P.M. in Council
Chambers, City Hall to consider the request by developers of the Trueman
Subdivision to amend the Final SPA plan, subdivision plat and P.U.D. plan
by the addition of approximately 2,000 square feet of building area for
employee housing. A copy of the proposed amendment may be examined in the
office of the City/County Planner during normal working hours.
Published in the Aspen Times January 27, 1977.
Kathy Hauter
City Clerk
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PROPERTY OWNERSHIP SURROUNDING TRUEMAN NEIGHBORHOOD COMMERCIAL SITE
William C. Light
219 North Monarch
Aspen, CO
F. Berko
Box 360
Aspen, CO
P. duPont Cornelius
Box 758
Aspen, CO
w. G. Brumder
Box 462
Aspen, CO
D. G. Sampson
334 East Bleeker
Aspen, CO
Nels R. Elder
202 North Monarch
Aspen, CO
Philip Hodgson
212 North Monarch
Aspen, CO
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Copland Hagman Y'~td Architects
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24 January 1977
Aspen Planning & Zoning Commission
City Hall
Aspen, Colorado 81611
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Re: Trueman Commercial Project
Dear Commission Members:
We wish to seek an amendment to the Special Planned Area (SPA)
zoning with regard to the employee housing on the above referenced
project. The zoning presently in effect now permits 10,000 sq. ft.
of employee housing units to be located on the upper floor level of
the project and requires that construction be initiated within 18
months after the completion of the first (commercial) phase of
project construction.
We have recently completed detailed design studies for the housing
portion ofthe project which indicated that at least two and perhaps
three units could be added over and above the 10,000 s. f. without
changing the massing,height or character of the building as it was
approved. It is for these additional housing units that we request
your approval of the proposed S. P. A. amendment.
Prior to formalizing this request we spoke with Housing Director,
Brian Goodheim, and the Planning Office regarding the additional
housing units. Both stated they approved of the change in concept
and encouraged us to make formal application to that effect. Be-
cause employee rental housing is a salient community need and
because this makes no substantive change to the character of the
project, we urge your approval be forwarded to City Council for
its consideration. .
All housing units in the presently allowed 10,000 s. f. are designed
as one-bedroom units of approximately 625 sq. ft. each. The pro-.
posed change would add (2) one -bedroom units and enlarge one of
the existing units to a two-bedroom unit to serve as a manager's
apartment.
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Copland Hagman y, .Id Architects
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Letter to Aspen Planning & Zoning Commission
24 January 1977 .
Page 2
Tabulation:
Existing Unit Design (16) one br. units @ 625 sf =
New Unit Design - Add on bedroom/bath for mgrs. . unit
Add (2) 1 bedroom units
. Total
18 Units
10, 000 sf ·
350 sf
1,650 sf
12, 000 sf
Subject to financing the Owner will agree to construct the housing
units in the initial phase of construction (spring 1977) for occupancy
in late fall of 1977.
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Respectfully submitted
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Z.ffiMORANDUM
TO:
BILL KANE
FROM:
MICK MAHONEY
,\,'5..v'-
DATE:
OCTOBER 14, 1976
RE:
PARK DEDICATlotl FEE FOR JIM TRUEMAN PROPERTY
A meeting was held this morning in my office with Jim Trueman and
Bob Grueter which Sandra Stuller attended to discuss the value of
the Trueman land. Values of land on projects such as this are
extremely hard to determine, and I think it can only be supported
as reasonable people look at the results.
We attempted to find the value by several different approaches --
looking at the history of sales, looking at comparative sales and
taking projections of income and assigning capitalized value to
them. We also looked at the project as a total land value and in
terms of each lot. I finally concluded and was able to convince
Trueman of the following method. We took the information from the
"Document Neighborhood Commercial Project" which is his planning
data map which I have incorporated with this memorandum, and decided
that Lot One, which would be used for the shopping center, would be
worth $7.50 per square foot approximately 119,000 square feet
equals $892,000 in Lot One.
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119,000 @ $7.50 = $892,000
.
104,000 @ $6.00 = $624.000
Total $ 1.516 million
Lot TwO which he is going to sell to the Post Office would be worth
$6.00 per square foot. Both these prices, of course, are unimproved
and relate to what we had hoped to get from the sale of our property
had we sold it to the Post Office (when subtracting our developmen't
costs);. I assigned no conunercial value to the Lots Three and Four,
and I calculated then that after subtracting the land use he will
dedicate to the City that there would be approximately 300,000 square
feet of land left to Trueman. The value of the total land then is
from the values of Lot One and Two, and this is equal to $.1..5 million.
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Memorandum to Bill Kane re: Trueman Property
Page 2
October 14, 1976
The land remaining to Trueman is 300,000 square feet, therefore,
the total land calculates out at $5.00 per square foot.
This fits with the history of the sale of this land, whereby
Trueman paid $2.80 per square foot, sold it to the City of Aspen
for approximately $3.00 per square foot, and now is worth $5.00
per square foot three or four years later.
We have agreed to allow Trueman to pay the Park Dedication Fee,
which is the purpose of this exercise, of approximately $90,000 at
the time of occupancy plus interest of 7% per year.
PSM/pm
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His intention is to proceed with the project as quickly as possible.
I optimistically feel we may have our supermarket by Easter.
cc: City Council Members
Sandra Stuller
Lois Butterbaugh
Bob. Grueter
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MEMORANDUI-i
TO:
STACY STANDLEY
FRO~1 :
MICK MZI.HONEY
DATE:
SEPTEMBER 28, 1976
RE:
TRL~MAN SUBDIVISION
I would like to request that you call a city Council meeting to
take action on the~ue~an Subdivision either Wednesday or
Thursday of next wee. ~x we can accommodate Trueman by this
meeting, he stated that he has the financing and permits, etc.,
with a consractor who will start work immediately after the
Council's approval. TO get the construction started would re-
lieve some gro~ry shoppers minds.
PSM/pm
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September 17. 1976
Mr. James R.cTrUem;;:-] .
J. R. Trueman and Associat.es
523 Sout.b 'fhi:td Street.
Columbus. Ohio 4321S
Dear . Jim:
:aeferem.ee is made to your .1et.terof September 14t.b pertain-
ing to the park ded!cation fee for your prQpert.y.
Sandy. Bob Grueter andJ: met OD. Wednesday and the issues
you brou<jbt up in your lett.er ...,re discussed, We believe
that. you do have a point: and that t:M price Sahottland
paid is really not a 900d.. basis fora value toa.y. 'therefore.
we thl:>uCJht that. we sbouldestabU$b a ratio wh1ch would re-
flect: densities and price ae.sedon t.he dens! t.y all/iMld
scbo-ttland frOlll i:be densit.y you .are using. '!'his appeared
to be II reasonable $01ut.10n to both GruetlUl and. Sandy.
Therefore. we will eqttat:e 'the price schott.land pa1d you
to his densities to t:herat.ioof your <leasit.y to "x." We
don · t. anticipat.e any problems ltal we can get:. It q\lick appraislll.1.
on residential property.
I sense that Orueter, Sandy and. myself are pret.ty close t.o
ag'reellt$n:t.
Very truly yours ,
PhilipS. l.fahoney , ph.D.
City Mana<Jer
pak
ee: Sandra M. Stu1l4u:'
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81611
September 8, 1976
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Mr. James R~rueman~
President ~
J. R. Trueman and Associates
523 South Third
Columbus, Ohio 43215
Dear Jim:
If you recall the meeting held in my office with your attorney,
Bob Grueter, I indicated that the City would accept any recent
sale price as documentation of values of property as it pertains
to the park dedication fee requirement. In your letter to me
last week, you stated that your purchase price of the Rio Grande
property should be used as the basis to establish the value on
your property.
I forwarded a copy of your letter to Sandra Stuller and asked
for her comments. I have enclosed with this letter a copy of
her reply. The most important element of her reply is that she
believes your deal with Schottland constituted a sale and, there-
fore, its price should be used as the basis for our park dedication
fee. Based on her inquiry I believe that the City should have more
information as it pertains to the value of your land.
Sincerely,
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I would be very happy to get together with you at your convenience.
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Philip S. Mahoaey
City Manager
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81611
MEMORANDUM
TO:
~ill Kane, Clayton Meyring, Dave Ellis,
Jim Markalunas and Stogie Maddalone
FROM:
Hick Mahoney~..-v-
DATE:
July 13, 1976
I think the~~~:ii~roperty will be getting under construction
seon, and we d be making provisions to deliver water, elec-
tricity, and anything else.
Clayton, before you give a permit, I would like to have the
electricity arrangements settled.
PSJ1/pm
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MEMORANDUM
TO: Aspen City Council
FROM: Bill Kane, Planning Office
RE: TruemanjConceputal Subdivision
DATE: March 3, 1976
Once again a request will be made for conceputal subdivis~on
approval for the Trueman Property. The majority of staff criticisms
have been dealt with at this time to include: .
1. Provision of an adequate 60 foot right-of-way for
the interior road.
2. Proper alignment has been shown for the interior road.
3. Any reference to the actual post office size has been
dropped as per our request which was dependent upon an
assumption that the post office would be lowering their
space and parking requirements.
4. Eliminati on of unnecessary curb cuts on Mill Street.
5. Adequate provision has been shown for a separate con-
veyance to the school district of the upper lands.
6. Any reference to sporting goods rental has been dropped.
However, we again recommend that "development" of the Rio Grande tight-of-way e
delayed pending a comittment to an ultimate Mill Street alignment.
We feel thataone year moratorium on the use of that land would pro-
vide adequate time to make such a determination.
The proposal repeats the request for a 20,000 square foot food store.
As you know we argued and continue to argue for a 15,000 square foot
limitation for such facilities but ceased our argument when the Council
took the position in favor of 20,000 square feet. With no interest
in reopening old wounds we remain quietly in favor of a 15,000 square
foot facility. We would be happy to restate our position should the
Council express an interest.
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MEMORANDUM
TO: Aspen City Council
FROM: Pl ann i ng Offi ce, Bi 11 Kane
RE: Trueman Property Conceptual Subdivision
DATE: February 19, 1976
Three central issues remained unresolved as of our last discussion of the
Trueman Property - Conceptual Subdivision: 1) Commercial building size; .
2) Total number of lots, and 3) Engineering considerations for curb
cuts on Mill and internal street right-of-way. With the exception of
some minor reservations concerning the use mix, we feel that the plan
has been amended to deal with the planning staff and Council objections.
In short, the plan now calls for 1) two (2) developable lots including
the Post Office and 2) a 45,000 square foot building to include:
a) food store 20,000 square feet,
b) associated neighborhood commercial uses 5,000 square feet,
c) health club and service related retail - basement 10,000
squa re feet,
d) employee housing, 10,000 square feet.
The 10,000 square feet of office space previously discussed has been
changed to 3,500 square feet of health club and 6,500 square feet of
service retail. We support the.concept of this change for two reaSOns:
1) The town is drastically overbuilt i.n office space with
170,000 square feet having been constructed last year.
2) The Trueman property was always planned to handle some
S.C.!. uses and continues to be the last feasible area
for space intensive retailing (furniture, appliance
repair, etc.).
While we agree with the concept we disagree with the location of sporting
goods rental as outljned in Mr. Yaw's letter and we will recommend
stronger, definiti ve contro] s on the uses proposed in the basement.
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MEMO
TO: CITY COUNCIL
FROM: DAVE ELLIS ~L
CITY ENGINEER . ·
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DATE: February 18, 1976
RE: TRUEMAN PROPERTY - CONCEPTUAL SUBDIVISION REVIEW
The conceptual plan dated 2/17/76 is acceptable
to the engineering department with one major
exception. From the beginning we have indicated
a 60 foot right-of-way is required by city cod~
for a local street and at this time we have not
seen sufficient evidence to allow for a reduction
in width to 40 feet. The alignment for the local
street is satisfactory assuming that no public
through street will be established within the city's
Rio Grande property -i.e., no connection between
Spring Street and Mill Street. Any Mill Street
entry to the Rio Grande property would be for
on-site uses only. The applicant has also been
alerted to the fact that some major utility re-
locations will be his responsibility should the
submitted concept be approved.
cc: Hal Clark
Sandy Stuller
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MEMORANDUM
DATE: January 9, 1976
TO:
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Members of City Council
FROM: Nick Mahoney
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The City Council in a Study Session heard a request
from Trueman regarding a supermarket site. A straw vote was
taken at that Study Session. However, is as not an
official act.
It is my understanding tha
an official decision by the Counc 1.
the City that we continue with thi oject
I am requesting that this item be placed on
January 12th for action.
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group desires
important to
and, therefore,
the agenda
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Mf-MOR^Nf'tJM
TO: Aspen City Council
FROM: C. Collins, P. Dobie, B. Goodheim
P~anning & Zoning Commission
RE: Trueman PI"'operty
~."'DATE:,Decembel"'22, ,1975
At the Decemb.el"' 9, 1975 meeting of the Planning & Zoning Commission
.approval was givento Conceptual Subdivision fol"' the TI"'ueman PI"'opel"'ty
by a 4to 3 vote of the Commission.
Beeauseof the importance of development in this al"'es to overall ~>lanning
,in the City, the minority Commission members in the above dectsion wish
itO convey to Council theil"' reasons fOl"'not approvin!:j the conceptua~ sub-
division application.
The .objections vary with individual membel"'s, but the following comments
refl.ect the. genel"'a~ consensus in voting fol"' disappl"'ova~:
1. The pl"'oposed deve~opment of 23,000 squal"'e feet fol"' a Post Office
and 75,000 soual"'e feet.fol"' a commel"'cial,office anq I"'esidentia~
.building is not within the intentofSel"'vice/Commercial!Industrial
and Neighborhood Commel"'cial which the al"'eais presently zoned.
The total of 98,000 squal"'e feet is almost tWo fun city blocks (91%)
inal"'ea and is therefol"'e I"'egional I"'ather than neighbol"'hood in scope.
2. The pl"'oposed sca~e of the pl"'oject will sel"'iously impact the area,
especially in terms of car and tl"'affic genel"'ation.
3. The development will lead to furthel"' exodus of businesses from the
downtown al"'ea anq jeopal"'Clizemall extension and a viable cOl"'eal"'ea.
4. The project is not compatible with plans to deemphasize the cal"'and
encoul"'age use of public tl"'ansit.
5. The pl"'oblemsassociated with trafficcil"'culation thl"'ough the I"'ail-
road pl"'operty and to Red MO!.lntainhave not beenl"'esotved.
"6. 'Anyp~an which includes 20,000 squal"'e feetfol"' a food stol"'e is not
consistent with Planning Office I"'ecommendations that the maximum
size be I"'educed to 12,000 squal"'e feet.
We respectfully submit that the proposed conceptual plan is too .extensive
and bu~ky to come under the Neighborhood Commercial idea of "convenience
.shopping" and it does not meet any of the needs fOl"'Sel"'vice/Commel"'cial!
Industria~ opel"'ations in thatal"'ea:
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MEMORANDUM
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TO: Aspen City Co.uncil
FRtlM~
Pl allningStaff'(HC}," ,--,-,~,
RE: Trueman Pro.perty Co.nceptual Subdivisio.n
DATE: December 18, 1975
Thfs Tsarequeif forcoiiceptuar'slJbdivislonapproVal for the Trueman.
pro.perty (fo.rmally Scho.ttland). We understand that the appl icant wishes
tj)make. a bri ef presentati o.n at the December 22., 1975) meeting o.f Counci 1
to. present his request fo.r the subdivisio.n. The co.lIU11ents o.f the Planning
Office are co.ntained in the December 1, 1975 memo.randum.from Bill.Kiine
which is at~ached.Also., included in yo.ur packet is the No.vember 28, 1975)
memo.randum fro.m'the City Engineer and co.pies of the Planning and Zo.ning
Co~iss~.~n__~2nutes relat~ng their deliberatio.ns invo.lved in thetr decisio.n
tp reco.mmend appr6vaYof'Co.nceptual subdivisonto. Co.uncil. The P & Z
VO-te was 4,..3favo.ringappro.val with Jack Jenkins, Dan Abbo.tt, Ro.ger Hunt
a.nd, Mike Ott:e voting for; and,o elii ck Co.lleins. Brian. Go.odheim and Pat Do.by
Bjlcai nst.
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Vecemb~ I?, 1975
A6pen C~y Councit Memb~:
A6pen Planning and Zoning Com~~~on Memb~:
The A~pen SupeJunaJtket CauclL6 compo~ ed 06 hOlL6 ewi.vu and young blL6~nu~
men and women, Jtequut that you p0.6tpone mafUng a dew~on on the down-
zoning 06 peJ1.J7lilled gJtoc~y ~~ze 6Jtom 20, 000 ~qUa/te 6eet to .1.2, 000 ~qUa/te
6eet 60Jt 600d ~~ pluo 3,000 60Jt non-600d ~~ which the Plan~g
06 Mce Jtecommenc16.
We. have gath~e.d pV1.U.nent .<.n60Juna.ti.on on the 600d ~hopp.<.ng habm 06
A6pe.n Jtu~den;t6, the ex.;tenA~ve uoe 06 the automobUe on Rou;te 82 to
~hop downva.U.ey, and the ~~zu 06 cuJUtent gJtOc~y maJtkw.
We would like. to pJtue.nt thi..:, ~n60Juna.ti.on to both CO,uncit and the A6pen
. P & Z v~y eaJtR.y ~n JanuaJty M that YOM dew~on will take ~nto ac-
count thi..:, local ~n60Juna.ti.on.
Thi..:, ma;tt~ 06 gJtoc~y ~~ze ,u, an hlteg/tal piVtt 06 the aJtclU.teetWtal
planA 60Jt the TJtueman p11.opVL:ty now .<.n pJtOcu~ be60Jte you~
We ~.<.nc~ety hope. that you aMange 60Jt uo to Mve ;(:}W, . pJtuenta.ti.on.
It will take abou;t tfWt.:ty mLnu;tu.
V~y tJr.uly YOWt6,
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E~th~ Beam~, Cha.-Uunan
925 2100
Box 2100
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MEMORANDUM
TO: City Planning Commission and Aspen City Council
FROM: Planning Staff (Bill Kane)
RE: Trueman Property - Conceptual Subdivision
DATE: December I, 1975
After careful review of the Conceptual Subdivision proposal for the
Trueman property we recommend in general: .
1. A reduction in the size of the multi-purpose
commerci a,l bui 1 di ng and
2. Clearer provision for a new road alignment through
the site.
SIZE OF COMMERCIAL FACILITIES
The property is currently zoned S.C.1. and. N.C., Neighborhood Commercial
with a Special Planned Area. overlay. Itis our understanding that
these zoning catagories were appHed to establish use regulations while
in general deferring to the S.P.A. review process to determine more
detailed matters such as bulk, height, density, circulation, etc.
The applicants are at this time requesting conceptual approval for a
23,000 square foot Post Office and an additional 75,000 square feet
for commercial, office and residential purposes. All of the permitted
uses in the N.C. zone are subMitted below along with the respective
floor area limitations ,now provided for in the Code. Assuming that
the Planning Office recommendation to reduce food store areas from
20,000 square feet to 12,000 square feet is rejected, it is clear from
the list that the total range of permitted uses in the N.C. zone would
require 35,000 square feet.
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MEMO
Trueman Property
December 1, 1975
Page Two
PERMITTED USES
NEIGHBORHOOD COMMERCIAL
FLOOR AREA LIMITATION (Sec.24-3 6)
SQUARE FEET
Food Stores
Pharmacy
Liquor Stores
Dry Cleaning & Laundry Pickup.
Barber & Beauty Shop
Shoe Repai r
Post Office Branch
TOTAL FLOOR AREA REQUIRES
20,000
3,000
3,000
3,000
3,000
3,000
(Presumably not necessary)
35,000
Assuming an additional 10,000 square feet for anticipated "conditional uses"
and 6,000 square feet for ten (10) dwelling units at 600 square feet each
it is hard to imagine space requi rements beyond 51,000 square feet. This
also assumes that the pendi ng recommendations for zoning changes wi 11 not
be heeded. We recommend that an exaustive supply of neighborhood commercial
services could easily be provided in a 50,000 square foot building. In
addition we wonder about the propriety of approving some 35,000 square
feet of speculative space based on the assumption that conditional uses
will be granted practically at the will of the developer. Approval for
space for uses not permitted in the N.C. zone should be reserved pending
appropriate conditional use hearings. A 75,000 square foot building
represents a shoppi ng ce.nter that wi 11 draw upon theenti re Aspen market
area and is thus in fundamental contradiction~ the intention of the
Neighborhood COr.lll1ercial zone which isin paru....."to allow convenience .
establ ishments as part of a neighborhood,o-...deslgned and planned to becom~
patible with the surrounding neighborhood::) Also 25,000 square feet is
shown for office space. The current zoning amendments proposed by the
Planning Office are predicated on the belief that too much office space
already exists with 170,000 square feet currently under construction.
ROAD ALIGNMENT
The pl an forSmuggl er and Red Mountains ,prepared by the Pl anni ng Offi ce
and presented to the Planning and Zoning Commission calls for a new road
alignment through the Trueman property. l~hilethe plan has not been
approved we recommend that
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MEMO
Trueman Property
December 1, 1975
Page Three
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1. The proposed R.O.W. be shown clear of obstructions;
2. The assumption be made that dedication of the roadway
will be required in part or whole by the City in
connection with subdivision.
We would like to reserve further comment pending the preliminary
submission.
xc: Sandra M. Stuller
Joe Porter
Larry Yaw
Bob Grueter
Dave Ell is
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MEMORANDUM
TO: Planning Office, Planning & Zonin9'-Commis$i.on
FROM: Dave Ellis, City Engineer~
RE: Trueman Property Conceptual Review
DATE: November 28, 1975
The major concerns of the engineering department in regard to the
Trueman Property conceptual subdivision review are outlined below.
Circulation & Traffi.c .
Until it has been conclusively demonstrated that a collector link
through the city I s Rio Grande Property is not needed, the proposed
location for the Trueman Property road is unacceptable. There should
not be two separate "T" intersections with the concomitant congestion
due to a double turning movement for a major traffic stream. A single
four-way intersection is the better approach. This problem is more
or less independent of the route selection for the river crossing.
The subdivision design standards do not allow direct parking access
from an arterial which is shown in this plan. Earlier schemes had
included a single local street entry onto North Mill with parking
off of the local street. .
Right-of-way Requirements
The current minimum right-of-way requirement is 60 feet (40 feet shown
on plan) although the developer has indicated that 60 feet can be
provided. Should the final route selection for the river crossing be
down the panhandle, acquisition of the necessary right~of-way should
not be prejudiced in favor of the developer nor precluded by the approval
of the indicated improvements in the panhandle.
Building Location; Landscaping and Grading
During the review of earlier plans for this property considerable
emphasis was placed upon preserving the existing vegetation along the
southwesterly embankment. In the current plan the southwesterly limit
of the .commercialbuilding footprint encroaches heavily into this
embankment (as much as 15 feet of cut in the northwest wing). Another
major grove is nearly eliminated by the parking lot circulation. The
south end of the commercial building is shown lying over two existing
city water mains, one of which cannot be abandoned and in fact must be
enlarged.
The ultimate grade of North Mill will be approximately five feet higher
at the south end of the project. The site plan should allow for this
future grade change. The ultimate intent is to make Mill Street into a
parkway environment with consjderable setback for improvements and/or
landscape screening. With this approach the parking lots should be set-
back to allow for a more adequate landscaping buffer zone.
Existing Encumberances on Property
The plan as presented does not correctly show the existing public right-
of-way on Mill Street. Approximately 4,200 square feet of the southeast
parking area is public right-of~way. The plan presents a rather useable
site when in fact there are water and sewer lines in place on the site
and through some of the proposed buildings; another water and sewer
easement bisects the property along the old railroad alignment; and the
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MEMORANDUM
Planning Office
Trueman Property
November 28, 1975
Page Two
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existing road into Lakeview is a public right-of-way. These matters can
undoubtablybe resolved in the better interest of the City and the developer,
but it becomes the burden of the developer to accomodate these problems.
and .it is not the City's obligation to gUjj.rantee any private development
or site.
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11 Novemrer 1975
To: Aspen Planning and Zoning Commission, Aspen City Council
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Request for conceptual planned unit development approval of
the Trueman Property. .
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Re:
As we understand it, to proceed with development of the Trueman
Property we need to obtain the following approvals: planned unit
development, subdivision, and specially planned area.
City Attorney Sandra Stuller, City Planner Bill Kane, and Land Use
Administrator Hal Clark have advised us to proceed under the new
. "Planned Unit Development Procedure" Ordinance 71 which combines
planned unit'development and subdivision approval.
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We request conceptual planned unit development approval under
Ordinance 71 and here enclose the information required in the ordinance.
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Respectfully Submitted
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Larry Yaw
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Attai::hed:.Vicinity Map
Conceptual Site Plan
Conceptual Landscape Plan
Conceptual Site Plan
Sratement of Planning Objection
Tabula.tion ~)f Data
Ownership J::}3<::laration
Future Ownership Objectives Statement
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TRur:::r\1AN PROPERTY
Conceptual Approval Submission for Planned Unit
Development and Subdivision Review
Statement of Planning_Objectives
Three options have been considered for development of the
Trueman Property:
1. A seven-clot subdivision has been designed, evaluated and re-
jected. Although the plan would be easy to develop and market,
it did little to fulfill the objective of having a self-contained
neighborhood commercial center where various uses could
share facilities.
2.
A multi ~use building cluster and parking structure was designed
in detail by Shotland. The building complex which used approxi-
mately one third of the Trueman Property included approximately
105,000 sq. ft. which included 37,000 sq. ft. of parking structure
and 64,000 sq. ft.. of commercial, residential and office. space.
The project is not considered feasible and a decision was made
to devote more of the site to the neighborhood center and to
reduce the building floor space.
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The.developmellt program selected by the develope' and
presently being designed is envisioned to include the post
office and 11 mixed use single building or building cluster
somewhat simpler than the Shotland scheme. Objectives for
the master plan are to:
3.
Provide a neighborhood commercial area that will provide
a full range of day to day commercial services for the
surrounding residential areas.
To provide an architectural complex that is considered
shopping destination rather than a single ..use building.
To tie the two major buildings in the development, the post
office and the Trueman complex, together with architectural
massing, planting, and proximity.
To provide C01:FlHl0n pathways, landscaped plazas, and parking
for an site functions and the public.
Toimplcmcl~'.'*f":1I1ation, open space <lnd urban edge concepts
relnt.ing to 1:h988 .Outlined in the OV<.T.l11 IUo Grande Property.
Study.
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'.' Statement of Planning Objectives
11 November 1975
Page 2
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Planned Unit Development Advantages:
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The proposed development is primarily neighborhood commercial
which is a mandatory planned unit development category.
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Tl\llEMAN PROPERTY
Conceptual 1\pproval Submission for Planned Unit
Development and Subdivision Review
T AI3llLATIONOF DATA
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Lots
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Row
Lot I
Lot II
Lot III
1. 27 ac
2. 76 ac
2. 95 ac
1. 24 ac
Total
8. 22 ac
Land Use Program
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Remaining Land
1. 27 ac
6. 95 ac
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Open Space (25% of 6. 95 ac)
Total Footprint of All Buildings
Parking
Recreation
Setbacks apd Buffers
1. 75 ac
1. 15 ac
2. 37 ac
1. 25 ac
.43 ac
Total
6. 95 ac
Structure and Units
1. Recreation Building - single story, 1000 sq. ft.
2.. Post Office - Single story, 23,000 sq. ft. .
3. Trueman Building - Single building or tight building cluster,
three stories, neighborhood commercial,
office ane! possibly residential.
Projected Population
Possibly 10 dw.eIlings for permanent residents @ three people
per unit = 30 people.
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November 10, 1975
Mr. Tom Clark, Jr.
9325 Utica
Wesb~inister, Colorado 80030
Dear Tom:
I have taken the liberty of sending your letter to Bill Kane,
head of our Planning Department, and have requested that he
state his position. For my part, I am certainly in favor of
a grocery store on thelTrueman property and do not oppose the
20,000 square feet; however, the Council does have before it,
a p~oposal to change this 20,000 square feet maximum to
12,000 square feet. . In order for an ordinance to be passed,
we must have two hearings -- one of which is public.
I think it behooves someone from your industry to demonstrate
the trade-off to our Council in terms of cost, and the
difference to a grocery retailer between 20,000 square feet
and 12,000 square feet. Some members of the Council are
convinced that this would be a trade-off the community
would be willing to absorb to.get out from a large commer-
cial building.
Jim Trueman i.s proposing a 75,000 square ;foot building on his
property. This would be .a three story 25,000 square foot in-
print. I don I t see how his proposal wil.l pass the Council.
There is a very noticeable absence of information from people
in your industry. I am hoping that you will be able to con-
tribute information to our upcoming ordinance hearing.
Sincerely,
Philip S. Mahoney, Ph.D.
City Manager
Ps~l/pm
cc: Mr. Bill Kane
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CITY OF A'SPEN
aspen ,C9hnrado, 8h3tl box v
October 27, 1975
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Mr. J. Thomas Clark, Jr.
Rocky Mountain Service, Inc.
P. O. Box 5364
Denver, Colorado 80217
Dear ':rom:
It is encouraging to ou are pursuing the location
for a grocery outlet on Trueman' land. As I pointed out to
you this summer, our commun~ ~s intensely behind you to
loc.ate a grocery store.
The City Council instructed me this summer to provide you
assistance in supporting your location on this site.
My office is available for you to expedite. Good Luck:
Sincerely,
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Philip S. Mahoney, Ph.D.
City Manager- .
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TO: Planning & Zoning Cormnission
FROM: Planning Office
SUBJECT: Aspen Center Subdivision
DATE: March 5, 1974
Plat Recommendations
1. Engineering Department Recommendations
2. Pedestrian trail along Rio Grande Dr. should be
separated from and in addtion to Rio Grande Drive ROW.
3. An acceptable landscape plan, detailing ground cover,
buffers, borders, species, etc., should be provided.
4. Sinclair service station should be relocated on the
property at time of development of the first phase.
5. Necessary.housing should be built in conjunction with
development of the first phase.
Subdivisioli Improvement Agreement
1. Engineering Department considerations.
2. Cash dedication of 4% of the. purchase price of the
entire propert~'.
3. Performance bond and timing for implementation of landscaping
plan.
4. Off street parking management agreement between the developer
and the city, as proposed by the developer in his agreement
letter of 3/5/74.
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MEMO
TO: P & Z COMMISSION
FROM: DAVE ELLIS "'" <"
CITY ENGINEER'\) <--
RE: MILL STREET (RIO GRANDE PROPERTY)
PRELIMINARY SUBDIVISION PLAT
DATE: 1/4/74
The Engineering Department has made comments on
at least two preliminary plats that were sub-
mitted after publication for the hearing. The
latest submittal had some major changes in
boundaries and numerous deficiencies. The
current situation is one of confusion or exactly
which plat various utilities and agencies are
reviewing. The plat sent out for review did not
show the correct location of sewer,w(iter, el.ectric
or telephone. Nor did the plat show any fire
protection system. Because of these circumstances
the engineering department's recommendation is
that Ord. 19 conceptual review proceed, but that
the preliminary subdivision plat hearing be tabled
to a future date and that the plats be reissued
for review. An approval on the conceptual stage
will also provide more specifics on which to base
the SUbdivision review particularly as relates to
pedestrian and vehicular circulation, railroad
right-of-way location, utility relocations and
fire protection.
Attached as a separate list are items which at
this point are deficiencies of the plat. These
are included for information only and hopefully
they can be corrected prior to the future hearing
date.
cc: Mick Mahoney
Herb Bartel
Donna Baer
Richard Shottland
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DEFICIENCIES OF MILL STREET(RIO GRANDE PROPERTY)
PRELIMINARY SUBDIVISION PLAT
Lots 2 & 3
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Item 1)
An absolute minimum 'of 40 feet will be reauired for
dedicated road right-of-way. The railroad right-of-
way will be a 20 foot minimum. Minimum radius on the
railroad right-of-way is 319 feet for current stan-
dard gage passenger equipment. This railroad right-
Of-way alignment should be shown for the entire pro-
perty.
2)
Circulation within the sight should provide for a
minimum turning radius of 45 feet where access is
required bycdelivery, trash and maintenance trucks.
3) A fire protection plan is needed including access
routes for fire equipment. The city standard for
spacing a fire hydrant in commerical areas is 350 ft.
4) Site plan should show all parking locations including
those underground, common pedistrian areas and
circulation routes, and principal landscaping features.
5) Metro Sanitation District should be consulted about
main sewer line which passes through property, and
whether or not relocation will be required or con-
struction over it will be allowed.
6) Telephone and electric utilities should be revised
to show actual line routes and those portions within
the development which will be placed underground.
7) Determination as to extent of building site encroach-
ment.upon city water lines. This may necessitate new
easements and relocation by Shottland. The city is
currently determining whether the old pump house, and
line may be removed. Plans and specifications for
all new water mains within the development will be
subject to approval before construction,begins and
will be subject to all city standards for acceptance
before service is initiated.
8) The sewer and water easements in the northern panhandle
should be shown.
9) Easements will be required for all existing and/or
relocated utilities. More study will be necessary
to determine those areas wh2re 20 ft. rear and side
lot line utility easements will be required.
10) Determination of all property owners and mortgage
holders for purposes of submitting and signing plat
dedications and co~~ittments.
11) Determination as to whether open space will be land
dedication or cash.
12) Present trail locations are subject to relocation
pending purchase of additional land and/or outcome
of quiet title suit. ,
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page 2 of 2
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13)
Terms for the construction of sidewalks, berms,
curb and gutter, and streets should be included
in subdivision agreement and reference made On plat.
Lots 1,2,& 3
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Item 1) Show additional apparent fence and building encroach-
ments.
2) Show overall circulation and street layout.
3) Clarification of orginial monuments and remonu-
mentation needed and corrections needed in "metes
and bounds calls.
4) Adjacent ownerShips omitted from some lots.
5) Show existing primary drainage channels and improve-
ments.
6) Naming of streets within subdivision so as not to
conflict with existing streets.
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CRONOLOGY: TRUEMAN CENTER
The purpose of this document is to provide a historical perspective to the
development of the North Mill Connnercial Complex by the establishmei~t of the
complete public record from the review of that project. This chronology
is intended to be comprehensive so as to respond to many of the questions
raised by members of the public during the GMP review of the storage project.
1n following the approval process of the Trueman Neighborhood Commercial
Project (TNCP) from the Initi a 1 Phase of the Conceptua 1 Pl an through
Preliminary Plat Review and Final Plat/SPA, many major changes were made
in the project. The size of the grocery store/commercial facility
was the most debated topic and was substantially reduced from early
phases to the final product. Consequently some of the early thoughts
on the amounts of open space, parking and use of the property also changed.
In November of 1975, when the Conceptual Submission was made, the
decision had not been made whether this would be a 2, 3 or 4 lot
subdivision. In a letter dated 11/11/75 from Bob Grueter, attorney for
Mr. Trueman, to the City of Aspen, he states that the only parcel they
anticipate selling for sure is Lot 2 to the United States Postal Service.
11/18/75
The "initial phase" of the Conceptual Plan shows the panhandle property
occupied by paddle tennis courts, a 1000 square foot one-story recreation
building and parking. Dave Ellis, City Engineer requested in a referral memo
that the option of using Lot 3 for an approved access from Red and Smuggler
Mountains to Mill Street be reserved.
Conceptual Submission
TABULATION OF DATA
lots
R.O.W.
lot I
lot II
lot III
1.27 ac.
2.76 ac.
2.95 ac.
1.24 ac.
8.22 ac.
T ota 1
land Use Program
R.O.W.
Remaining land
1. 27 ac.
6.95 ac.
Open Space (25% of 6.95 ac.)
Total Footprint of
All Buildings
Parking
Recreation
Setback and Buffers
Total
1. 75 ac.
1.15ac.
2.37 ac.
1.25 ac.
.43 ac.
6.95 ac.
Structure and Units
1. Recreation Building - single story, 1000 sq. ft.
2. Post Office - Single Story 23,000 sq. ft.
3. Trueman Building - Single building or tight building cluster, three
stories, NC, office, res.
For the record, he recommended that the area be kept free from any
obstructions at this time until final subdivision is reviewed. (The
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Cronology
Page Two
question was whether a Smuggler Mountain connection should be via the
panhandle or an upgrading of Mill Street).
11/25/75
The Planning Department recommended to P & Z that dedication of the panhandle
property for a road to Red Mountain be required in conjunction with the
development of the site. Kane asked P & Z to approve a plan that does
not show improvements on the site. Grueter would not agree to the dedication
of_the land for an extension to Red Mountain. He said the applicant would
agree to provide all the roads within the subdivision that are needed
to serve the subdivision but not to serve Red Mountain.
11/28/75
Memo from Dave Ell i s concerni ng exi sti ng encumbrances on the property:
A water and sewer easement bisects the property along the old railroad alignment.
12/2/75
Planning Office recommends a new road alignment through the Trueman
property and that the proposed R.O.W. be shown clear of obstructions and
the assumption be made that dedication of the roadway will be required
in part or whole by the City in connection with subdivision.
Stuller responded that she felt there was benefit to the tract specifically
as wen as benefit to the City. She proposed a compromise by which a
formula would be worked out involving some dedication by the developer and
some condemnation by the city.
12/9/75
Motion passed by P & Z that the right-of-way be reserved through the
panhandle and that any improvements to that section are at the risk
of the owner or developer. No value would be added for improvements in the
case of condemnation for a period of 5 years and any uses would be
conditional. Also that they recognize that if the road alignment goes
through this parcel. they will be expected to be involved to some degree
in terms of land dedication.
12/23/75
Panhandle - Planning Office advocating getting a dedication of some
percentage for the possibility of developing a new access to Red Mountain Road.
1/21/76 (Revised conceptual)
Letter to Bill Kane from Joe Porter
Lot III - remain the same
Lot IV - remain undeveloped in its present SPA category with no
additional obligation for future use or approval by either
the City or the developer.
1/22/76
Memo from Bill Kane
re: Conceptual Subdivision
Recommendation that the balance of the site remain as a separate SPA
restricted in S/C/I uses only.
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Cronology
Page Three
3/8/76 - Council Meeting
Issue remaining: Use of land in the panhandle. Motion passed to hold the
panhandle in moratorium for one year.
6/1/76 - Presentation to P & Z outlining conceptual approval.
Any plan approval on lot III is subject to a one-year moratorium pending the
decision on the extension of Mill Street to Red Mountain.
Preliminary Plat tabled for site visit.
Preliminary Plat Checklist.
Open Space for Dedication
Other Open Space
1.99 ac.
1.24 ac.
6/15/76 - Preliminary Plat Approved by'P & Z
(No specific mention of lot 3)
.Note: The files on this process are very unbalanced. The Conceptual
Review is heavily documented and issue-laden. The only
information on Preliminary Plat is contained in the minutes and
the above-mentioned checklist. The Final Plat and SPA are
documented in the recorded documents and the Subdivision Agreement
and Amendment.
8/23/76 - letter from Jim Trueman to Mick Mahoney
"In our conversation we discussed the possibility of some sort of
trade in regard to the 'panhandle property'. Subject to the city's
desire to acquire this property, I am totally willing to negotiate
any reasonable swap arrangement. With the timing of the subdivision
fee payment to be sometime in the future, it does give us some
time to work out an arrangement on that piece of property if, for
instance, the subdivision fee were involved in the acquisition
negotiation."
10/14/76 - Mahoney Memo- Calculation of Park Dedication Fee
No commercial value was assigned to lots 3 and 4 for park dedication fee
calculation, however, that did not mean that they could not have a
commercial use. The Trueman Center (lot 1) was valued at $7.50/sq.ft.
the Post office site (lot 2) at $6.00/sq.ft. and lots 3 and 4 were
averaged in, bringing the overall value to the $5.00/sq.ft. No development
plans were proposed for lots 3 and 4.
12/10/76
Grant of the following easements to the public:
l5'wide joint drainage, utility and access easement on lot 3.
1/5/77
Mill Street improvements estimate from Dave Ellis for regrading,
filling and widening from Main to Puppy Smith Street.
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Page Four
* Note: A meeting held with Bob Grueter on March 23, 1983 indicated
that when the City decided to go with the Mi 11 Street
improvements, there was some consideration of the relocation
of Cap's Auto Supply to Lot 3 and the construction of an
auto repair shop.
1/l0/77
Council - Final Plat Approval & SPA with recommendations of the City
. Engineer.
Mayor authorized to approve the Subdivision Agreement.
4/8/77 - SUBDIVISION AGREEMENT Book 327, Pgs. 25-38
The $90,000 park dedication fee was to be paid at the time a certificate
of occupancy was issued for the project to be developed on Lot 1, or
on June 1, 1978, whichever first occurs.
Trueman and the City further agree that the aforesaid sum constitutes the
sole and only cash (or land in lien thereof) dedication which will be
required in connection with the subdividing of the within lots, TNCP.
The City agrees to vacate and waive its presently existing water right-of-way
recorded in Book 241 at Page 887 of the Pitkin County Records, and
located along the old Rio Grande Railroad right-of-way through the TNCP.
i2/19/78 - Amendment Agreement
Ord.#4, Book 6 p.2552 1st Reading 1/8179
Adopted 1/22179
Lot 3 - The parties hereto further recognize that it is their intention
that the City shall be granted a right of access through Lot 3,
TNCP. Toward this end, Trueman shall grant to the City an
irrevocable license of acc~ss through all of Lot 3, TNCP, which
license shall become null and void upon the construction of
future improvements on the property together wi th the grant
to the City of a specific access easement through Lot 3, TNCP.
1/4/79 - Memo from Ron Stock
"The agreement amends the Subdivision Agreement in that the City is granted
an irrevocable license of access through all of Lot 3 until there is
construction of future improvements on the property together with a grant
of a specific access easement through Lot 3. This allows the developer
to construct the proposed drainage improvement with new specifications
and plans to be drafted by him and approved by the City."
Sewer Easement, Book 241, Page 810
Subdivision Agreement - Acceptance of the Final Plat by the City shall not
be deemed to constitute a vacation of the existent water and sewer
easements within the TNCP, and no interest in the same shall be deemed
waived or conveyed until such time as all water and sewer improvem~nts
have been completed as shown on sheet number (4) of the Final Plat.
P. 4 Final Plat - Utility Modification Plan. Abandonment of 10' sewer easement
following the old Rio Grande track alignment.
SPA Plan Language
'.'No development of Lots 2, 3 and 4 shall take place prior to
approval of a specific SPA plan for each lot which shall constitute
am~ndments to the SPA Master P1 an."
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Page Fi ve
The bottom line of all this is that the parcel is developable within the
S/C/I zone. The only requirement is that a specific SPA plan for the lot
must be approved, which shall constitute an amendment to the SPA Master
Plan. The easements on the lot have been vacated or relocated and do not
present a problem in the development of the lot.
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ADDITIONAL INFORMATION
(Please add to your cronology of the Trueman Center)
The Planning Office memo of June 7, 1976 which dealt with the Trueman Property
Preliminary Plat indicated that Lot III was comprised of 1.24 acres and that
1.24 acres would be used for recreation and 1.99 acres for open space. The
memo never specifically describes the areas which will be dedicated to open
space or recreation, but since the 1.24 acres matches the amount of space in
the Lot III parcel, one could assume that this area was considered for a recrea-
tiOn use.
This memo was introduced to the record at the Public Hearing held before the
Planning and Zoning Commission on April 5, 1983 by Hal Clark. Also introduced
was an untitled plan that was part of the files on the Trueman project held by
the City Engineering Department. The plan was drawn in 1975, updated on May 5,
1976 and coincides with the information in the Planning Office memo concerning
Preliminary Plat review. Since it appears that no official Preliminary Plat
was recorded, it is possible that this plan was the Preliminary Plat submission.
The recommendation of the Planning Office in the June 7 memo was for "approval
of the Pre 1 imi nary Plat based upon the above broadly descri bed conditi ons. . . "
The minutes of the June 15, 1976 Planning and Zoning Commission meeting show
that preliminary plat approval was "recommended" and "conditioned upon recom-
mendations of the Planning Office and the City Engineer." An error was possibly
made in the minutes, since P&Z does not "recommend" Preliminary Plat approval,
they take final action. .
Section 20-14 of the Code outlines Final Plat Procedure. The statement is made
in this section that "the final plat shall conform to the approved preliminary
plat and shall include all changes as required after consideration by the
planning commission." If the approval by P&Z in fact intended to limit the use
of Lot 3 to recreation purposes, it certainly seems that some discussion would
have occurred and tighter assurances been made than are reflected in the record.
If this was indeed intended to be part of the Preliminary Plat approval, it
was not carried over to the Final Plat and violates the ,continuity required by
the Code. However, a copy of an official Preliminary Plat cannot be located
and the Council did not condition the use of Lot III in Final Plat approval.
This ambiguity in the record leaves us at an inconclusive point and we cannot
definitively say whether or not the lot was limited on the preliminary plat
and therefore should have been limited on the final plat.
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CITY O PEN
aspect ,c;.: _ box v
July 23, 1973
Robert P. Grueter
Attorney at Law
P. 0. Box 4226
Aspen, Colorado 81611
Re: Trueman Purchase
Dear Bob:
Your note of July 13, 1973, advising the City that you
are prepared with the Trueman sale has been forwarded to me for
response. I am going to be exhaustive so that all parties con-
cerned are clear as to the City's position on the matter and
each can react as he sees fit. First let me recap the events
to date which seem to me to have precipitated the issue.
Events to Date
In the purchase and sale agreement originally proffered
by the seller the following paragraph was inserted:
"12. Additional Covenants. In view of the fact that the
Buyer (City) has inordinant power to affect Seller's rights
in the parcel in which title remains in the Seller, Buyer and
Seller hereby covenant as follows:
a) Buyer hereby agrees to make no effort to downgrade
the zoning or cut the density allowable under existing
zoning ordinances of the City of Aspen to the approxi-
mately 8.221 acres for a period of five (5) years
from the date hereof. This covenant shall also apply to
the 11.499 acres being purchased by Buyer until con-
summation of the closing hereunder."
The proposed agreement was rejected with another being pre-
pared by the City's counsel with paragraph 9 (c) reading as
follows:
"(c) Particularly in light of Seller's expressed
intention to develop a substantial portion of its
adjoining property for commercial uses, Seller and
Robert P. Grueter
July 23, 1973
Page 2
Buyer hereby recite and affirm their mutual under-
standing and belief that at the present time the uses
for which Seller's adjoining property is currently
zoned are appropriate uses for such parcel of land."
The contract provides that in the event of breach by the buyer
the down payment shall be forfeited as liquidated damages. On
breach by the seller the buyer may either compel the specific
performance of the agreement or pursue other legal remedies.
This agreement was accepted by Trueman and executed by both par-
ties on March 22, 1973. Subsequent to execution, the City P
and Z, as a result of public reaction to the Destination Resort
Corporation Development, began a master plan updating, cul-
minating in the adoption of Ordinance 19 which gives legal
force to the P and Z recommendation that in that area of land
retained by Trueman only neighborhood commercial uses be allowed.
No permit application for building has, to date, been made by
Trueman or any successor in interest. On the effective date of
Ordinance 19 (July 23) any such application would be subject to
P and Z review and approval according to the alnd use recommen-
dations and review criteria of the ordinance.
Trueman has submitted a title commitment (to be more fully
discussed below) and proffered a warranty deed with the following
reverter provision:
"(Seller does convey) on the condition that the party of
the second part (City) does not alter the zoning that
existed on an adjacent parcel of land of 8.221 acres on
March 22, 1973, to which said property is subject, i.e.,
C -2 zoning, or the uses permitted under the same with the
exception of residential and overnight tourist accommodation.
In the event of the occurrence of this condition subsequent,
the fee estate passed by this deed shall revest in the party
of the first part by payment by said party of the first
part to the party of the second part of One Million Five
Hundred Seventy -five Thousand and 00 /100 Dollars
($ ],575,000.00), and by exercise of the party of the first
part of his right of re -entry which is reserved to him
hereby."
It has been the City's position from the very beginning of this
confrontation that NO GUARANTY OF ZONING was made with the
execution of the purchase and sale agreement: no such intention
is evident in the agreement, nor can a municipality, AS A MATTER
OF LAW, contract in such a manner as I will demonstrate with the
following discussion of applicable law.
Robert P. Grueter
July 23, 1973
Page 3
Memorandum of Applicable Law
A general statement of the applicable law can be found
in the following two treatises on municipal government. In
Section 29.07 of McQuillan on Municipal Corporations the
author states
The established rules is that municipal corporations have
no power to make contracts which will embarrass or control
them in the performance of their legislative powers and
duties. Accordingly, the law is well settled that a city
cannot by contract deprive itself of any of its legislative
powers or governmental powers The municipal author-
ities, it has been said, cannot bargain away the right
to make reasonable laws, and to exercise the police power*
whenever it becomes necessary to conserve or promote the
health, safety or welfare of the community. So, power
conferred upon a city to contract respecting a particular
matter does not confer power, by implication, so to contract
with reference thereto as to embarrass and interfere with
its future control over the matter, as the public interests
may require.
Similarly, the editors of Municipal Corporation Law in their
chapter entitled "Contracts and Quasi- contracts" have stated in
sections 10.19 and 10.20 thereof:
The overwhelming weight of authority holds contracts void
as contrary to public policy contracts of local governments
in which the governing body promises to exercise its govern-
mental powers in predetermined ways A contract by
a local government to zone land as desired by a private
party is contra to public policy and void.
And further:
The great weight of authority holds invalid as contra to
public policy contracts of local governments whereby the governing
body pormises not to exercise its governmental powers It is
not within the power of a municipal governing body to bind its
legislative capacities by any private arrangements so as to dis-
able itself from enacting any ordinance that might become
necessary to protect the public health, safety, morality or
general welfare A contract by a local government not to
zone private property in a way deemed too restrictive by the
owner is contra to public poi.cy and void.
* Zoning is an exercise of the police power.
Robert P. Grueter
July 23, 1973
Page 4
There are a myriad of cases discussing the above proposi-
tion; I would like to make reference to a few. In Midtown
Properties v Township of Madison 172 A2d 40 (N. J. 1961) the
plaintiff was a developer who had started proceedings to acquire
approval of his subdivision. Subsequent to petitioning for
subdivision and after receiving tentative approval the city
twice modified its subdivision regulations while plaintiff
refused to change his proposal to satisfy the subdivision amend-
ments. Instead, the plaintiff and city entered into an agree-
ment setting forth the terms under which plaintiff could proceed
with the development. In reliance on the contract plaintiff
spent approximately $200,000.00. When plaintiff sought final
approval it was denied and this suit followed premised on the
enforceability of the agreement with the city. The court refused
to enforce the agreement which, among other things, provided
1. That the city should not pass any regulations or
ordinances which would in anywise change the terms of the
contract;
2. That the city should not change any building code
requirements;
3. That, to the extent that the contract was in conflict
with any statute, rule, ordinance or regulation, the con-
tract was to govern; and
4. That for a period of seven years the city would be
bound by the contract and would not amend or change any
of its ordinances or regulations to affect plaintiff's land.
The court held the contract, on its face, illegal and void.
The zoning power of the municipality was prostituted for the
special benefit of the plaintiff. The court enumerated the
following objections to the agreement:
"1. The township having adopted a master plan, it could
only be amended or changed in accordance with law and not
by a contract which destroys such master plan and results
in haphazard or piecemeal zoning.
2. The defendants (City) surrendered their inherent power,
right and duty to keep their zoning and planning ordinances
mutable by making necessary amendments or changes for the
benefit of the public.
3. The defendants (City) cast aside all statutory and
ordinance requirements which are applicable to all persons
to make a special deal with plaintiff; and
Robert P. Grueter
•
July 23, 1973
Page 5
4. The parties attempted to create special zoning
benefits for plaintiff contrary to law and the public
good."
The contract in question attempted to give plaintiff
special benefits and privileges which is condemned by law, is
ultra vires, void and contrary to our public policy. To plain-
tiff's argument that it's expenditure of $200,000.00 should
estop the city from refusing to proceed under the contract
the court said:
"It is too well established to cite authority for the
proposition that while a public body may make contracts
as an individual, it can only do so within its express
or implied powers; AND THAT THOSE WHO DEAL WITH A MUNI-
CIPALITY ARE CHARGED WITH NOTICE OF THE LIMITATIONS
IMPOSED BY LAW upon the exercise of that power
It is true that an estoppel may be urged against a public
body has the authority to make the contract, but because
of some technicality has not properly exercised its power
(but this rule) DOES NOT APPLY TO CONTRACTS WHICH ARE
ultra vires AND VOID ab initio.
The case of Urso v City of Dallas 221 SW2d 869 (Texas 1949)
concerned a suit for specific performance of a contract of sale
by plaintiff (city) against the defendant (land owner). The
defendant had refused to go through with the land sale on the
contention that, during negotiations with the city, an agent of the
city had agreed, as part of the consideration, the city would
rezone the balance or unsold portion of the land for business
for the defendant's benefit. More specifically, the defendant
said the agent had offered a certain price per square foot and,
in addition, agreed the city would rezone the balance of defen-
dant's land commercial. When asked why the rezoning wasn't
put in the contract the agent allegedly answered "(the city)
'was not allowed to put it in the contract' but the city could
do anything and he (the agent) would see that it was rezoned."
When the defendant did in fact request the rezoning, it was
not only denied, but the land was upzoned to residential. The
defendant further testified that he would not have agreed to
the sale price without the agreement to rezone. The court
refused to sustain the Defendant's assertions stating:
"appellant (defendant) under his testimony, knew the oral
agreement was not and could not be put in the written
agreement by the agent He knew he had to make an
application to the Zoning Board and to the commission for
Robert P. Grueter
•
July 23, 1973
Page 6
such rezoning Under the circumstances appellant
cannot he heard to now claim he made an oral side agree-
ment to the effect that the city's agent would secure from
the Zoning Board and Commissioner a judgment or order in
appellant's favor Appellant is charged with knowledge
that such Board and Commission are bound to follow the
evidence offered by all interested parties SUCH AN
AGREEMENT, ON ITS FACE, WOULD BE VOID, AND COULD NOT CON-
STITUTE A DEFENSE TO THE CITY'S CAUSE OF ACTION.
The city, in positing the above case authority, in no
wise agrees taht contractual or oral agreements comparable to
those cited in these case were made but argues that even if
Trueman were to assert and establish such provisions it would
be of no avail in an action by the city for specific performance.
Other caselaw of relevance follows:
1. In Andgar v Board of Zoning Appeals, 291 NYS 2d 991
(N. Y. 1968) the plaintiff sought to compel the issuance of a
permit for a two family dwelling, a use admittedly prohibited
by the present zoning. The plaintiff argued that before a
recent zoning change the city had stipulated that plaintiff
might proceed with a comprehensive development plan which
plaintiff had submitted (and which showed two family dwellings).
The court refused to enforce the stipulation. It noted the
general rule that a developer must, to avoid the consequences
of a rezoning, show substantial reliance on the zoning existant
at the time of commencing his development. This generally
requires actual construction. There was no evidence of that
here. The city could not eliminate this requirement by its
stipulation: "Under the circumstances, the granting of this
right by the (city) constituted a gratuitous act and an abro-
gation of its duty to maintain control over this facet of zoning
in the area. While a municipality possesses the inherent right
to compromise a claim against it, it may not, under the guise
of a compromise, impair a public duty owned by it or give validity
to a void claim. Municipal corporations have no power to make
contracts which will embarrass or control them in the performance
of their legislative powers."
2. In City of Knoxville v Ambrister, 263 SW 2d 528
(Tennessee 1953) the defendant had proposed to the city that if
it were to rezone a certain tract of land to commercial, the
defendant would dedicate a strip of land bordering the tract
for public use. The city amended the zoning in accordance with
the proposal. The defendant failed to make the dedication and
Robert P. Grueter
July 23, 1973
Page 7
the city brought suit to enforce the promised dedication.
The issue was the ability of the city to enforce the agreement.
The court held it had no such standing, that such an agreement
was not enforceable. Quoting from Osborne v Allen, 226 SW2d
221 the court said: "Contracts made for the purpose of unduly
controlling or affecting official conduct of the exercise of
legislative, administrative and judicial functions, are plainly
opposed to public policy. They strike at the very foundations
of government and intend to destroy that confidence in the
integrity and discretion of public action which is essential to
the preservation of civilized society. The principle is uni-
versal and is applied without any reference to the mere outward
form and purpose of the alleged transaction."
3. In City of Farmer's Branch v Hawnco, 435 SW2d 288 (Texas
1968) the plaintiff had enjoined the city's planning commission
from proceeding with hearings to rezone an area in which the
plaintiff owned property. Plaintiff had attempted to show an
agreement existed between he and the city by which the city
agreed not to attempt to rezone. Plaintiff failed to show such
an agreement but the court added: "But if such a contract
had been entered into it would not have been valid. Our su-
preme court has held that the passage of a zoning ordinance or
amendments thereto is the exercise of a legislative power....
Here the trial court has attempted to restrain the City Planning
and Zoning Commission from exercising its legislative function
of holding public hearings in regard to the advisability of a
change The courts have no such authority or power."
As is evident by the above, the prohibition against abro-
gation by a city of its power to rezone cannot, as a matter of
law, be done, and this premise surfaces in many factual situations,
some of which work to the detriment of the city itself. Conse-
quently we cannot accept your proposed general warranty deed in
which the reverter provision constitutes a guaranty of zoning.
In sustance it is nothing more than a reassertion of your conten-
tion that continued C -2 zoning was acknowledged consideration for
the sale and that such zoning was guaranteed by the agreement.
At the time of closing we must demand a general warranty deed
exclusive of such conditions.
Objections to Title Policy Submitted
The city hereby acknowledges receipt of a commitment for
title insurance on July 10, 1973. The provisions of the purchase
and sale agreement require that, within 15 days of receipt thereof,
we must make written objections thereto. This letter is intended
Robert P. Grueter
July 23, 1973
Page 8
to satisfy that requirement. There are fourteen exceptions
listed in the insurance commitment: I would like to respond
to each individually.
1. Exceptions 1, 2 and 3 are acceptable.
✓ 2. In reference to the private reservations of mineral
rights noted in exception 4; the city hereby requests insurance
against surface damages that may result from exercise of these
reservations.
3. Exception 5 is acceptable.
4. The sewer easement to Klaus Obermeyer noted in excep-
tion 6 was provided for in the purchase and sale agreement and
is acceptable.
5. The access agreement to the Aspen One Company noted in
exception 7 was provided for in the purchase and sale agreement
and is acceptable.
6. The exception number 8 was agreed to by the parties
in its purchase and sale agreement and is acceptable.
7. Exception 9 was agreed to by the parties in its pur-
chase and sale contract and is acceptable.
8. Exception 10 was agreed to by the parties in its pur-
chase and sale agreement and is acceptable.
9. Exception 11 is acceptable.
10. Exception 12 was agreed to by the parties in its pur-
chase and sale agreement and is acceptable.
11. Exceptions 13 and 14 are acceptable.
Conclusion
The City of Aspen will be happy to close as soon as possible
and after receipt of:
1. Trueman's general warranty deed incorporating the recent
description amendment and exclusive of any conditions concerning
zoning guaranties with respect to his remaining parcel of land;
2. A release of deed of trust which deed of trust is
recorded at book 276 page 621 of the records of the Clerk and
Recorder of Pitkin County;
Robert P. Grueter
July 23, 1973
Page 9
3. Insurance coverage for any surface damages that may
result from the exercise of the private reserved mineral rights
noted above;
4. A settlement sheet evidencing a proration of the 1973
taxes, insurance and rents, if any.
Very truly yours,
San ra M. Stuller
City Attorney
SMS:mw
cc: Dave Ellis
Russ Campbell
Herb Bartel
Members of City Council
John Kelly, Colorado West Title Insurance
• CIT ; ; ,. PEN
aspen ,c . II box v
MEMORANDUM
TO: David Ellis, City Engineer
FROM: Arthur C. Daily, City Attorney
DATE: March 21, 1973
RE: Bus Terminal Lease between Denver and Rio Grande Western
Railroad Co. and San Juan Tours, Inc.
Attached is a copy of the captioned lease, dated October 10,
1969, and a copy of the March 20, 1973 letter from H. A. Phillips,
Director of the Railroad's Land and Contract Department, con-
firming that the Railroad will terminate the lease and remove the
building prior to its closing with Trueman unless the City and
San Juan Tours are able to reach agreement on a modified lease
prior to that time. I feel that we ought to open negotiations
as soon as possible with San Juan Tours, and would appreciate
your thoughts - as well as those of Russ and Herb - on the
following issues:
1. The leasehold presently encompasses 25,800 square feet,
as depicted on the map attached to the Lease. Should this area
be altered in any way?
2. The current rental is $60.00 per month, obviously far
too low. What do you fed would be a fair monthly rental after
the City acquires title?
3. I feel that some form of termination provision is essen-
tial. What would be an appropriate time period within which the
City - or the lessee - could give notice of termination without
cause?
4. Are there any other modifications you feel ought to be
made in this lease?
If a fair rental is achieved, the continuation of this lease
until such time as the City wants to occupy the property can only
benefit the City. Let's discuss this after you've had an opportunity
to go over the matter with the rest of the staff.
cc: Mr. Russ Campbell
Mr. Herb Bartel
Ms. Eve Homeyer
CITY'V ,, PEN
aspen ,c , box v
MEMORANDUM
TO: Dave Ellis, City Engineer
FROM: Arthur C. Daily, City Attorney
DATE: March 16, 1973
RE: Railroad property Acquisition
Attached hereto are copies of all of the Exhibits which
are to be affixed to the railroad property purchase contract.
These materials were delivered to me this morning, and I feel
that before the Mayor signs the Contract we ought to verify
the accuracy of the property description shown on Exhibit A.
We can't afford any more Thomas property -type discrepancies.
I know this is damn short notice, but is there any
possibility of your Department's checking this description
out bebre the Council meets on Monday, March 19 at 5 :00 P.M.?
Tri -Co Management, Inc. is apparently preparing a survey map
of this land, but I've not yet received a copy of it. You
might want to check with them as to the status of this map.
Please let me know if I can be of assistance in any way
on this matter.
cc: Ms. Eve Homeyer
Mr. Herb Bartel
Mr. Russ Campbell
t x
CIT 4 : - PEN
aspen,c ._ -r " box v
HAND DELIVERED
MEMORANDUM
TO: Chuck Gilkey, City Engineer
FROM: Arthur C. Daily, City Attorney
DATE: January 30, 1973
RE: Acquisition of Railroad property
In reviewing Jim Trueman's title commitment on the railroad
property, I've noted that there are a number of licenses and
easements for access, water, sewer and other purposes which affect
this property. Herb Bartel and I feel that the existence of these
rights -of -way will have a definite affect on the market value of
the property, and that the appraisers ought to have access to this
information as soon as possible. It would seem that the most useful
approach to this would be to have your Department locate each of
these rights -of -way on a map of the property, perhaps in conjunction
with the utility and street extension maps which are presently being
prepared by the planning and Engineering Departments. Can you put
this on your schedule for the near future? I don't have copies of
the recorded intruments, but your secretary can obtain them from the
courthouse with the following data:
1. Private Way License granted by document recorded 1/14/71
in Book 253 at page 107;
2. Water line easement granted by document recorded 7/11/69
in Book 241 at page 987; " ,
3. Sewer line easement granted by document recorded 6/26/69
in Book 241 at page 810;
4. Highway easement granted by document recorded 8/21/53 in
Book 180 at page 182.
The title commitment also refers to a Survey prepared by
Meurer, Serafini and Meurer under date of 6/7/66 which shows certain
fence, fenceline and building encroachments. Since there may be
adverse possessory claims based on those encroachments, it would be
January 30, 1973
Page Two
valuable to have a copy of this Survey. Can your Department,
or Herb's, try to obtain one for the City? One final thought -
when your secretary orders the above - listed documents from the
courthouse, please ask her to obtain a copy of the Lease recorded
12/31/56 in Book 178 at page 443 as well, as the terms of this
lease may also have some bearing on market value.
Thanks for your assistance. Please let me know if I can help
in any way.
Axtriur C Daily, City Attorney
ACD:mm
cc: James E. Hegarty, Esq.
Mr. Herb Bartel
Mayor Eve Homeyer
Mr. Russ Campbell
C IT I },t ;f` P E N
aspen ,c.` II,. box v
its `: =:
MEMORANDUM
TO: Charles R. Gilkey, City Engineer
FROM: Arthur C. Daily, City Attorney
DATE: December 14, 1972
RE: Pipeline Crossing Agreement dated August 8, 1962 between
The Denver and Rio Grande Western Railroad Company (Licensor)
and The City of Aspen (Licensee).
Pursuant to your memo of December 11, 1972, I've reviewed
the caption Agreement with an eye to the potential effect of the
pending sale of the "railroad property" (which I assume is the
land covered by the Pipeline Agreement) to J.R. Trueman & Associates,
Inc. I feel your concerns are well - grounded, in that under the
Agreement the City has merely a license or permit to use the Rio
Grande's property for its water line, which license automatically
expires upon the sale of the subject property by the Rio Grande.
Following consummation of such a sale, the City would have ninety
(90) days in which to remove its lines and restore the land to its
prior condition, or to work out a similar arrangement with the new
owner, preferably in the nature of a permanent easement and right-
of-way.
I agree that the City ought to consider this situation, along
with all of the other pertinent factors, in reaching a decision as
.
December 14, 1972
Page Two
to whether to purchase or condemn the railroad property, but
don't feel the matter should be given much weight. I don't
know the extent of the City's lines in this area, but assume
that everything is at least 4 feet beneath the surface. If
this is the case, and if little or no maintenance, etc., is
required in the area, it would seem that the lines present
little or no interference with or danger to the surface develop-
ment of the property. I would expect Trueman to be willing to
grant the City an easement to continue to use the line as
presently]ocated, with protections similar to those contained
in the present Agreement, especially considering the numerous
contacts Trueman will have with the City under the subdivision
and zoning ordinances and the Building Code. And in the event
Trueman proves too demanding, the City can always condemn the
necessary right -of -way.
Please let me know if you have fur the thoughts on this
matter.
Arth C. Daily
cc: Mayor Eve Homeyer
City Manager Dennis Veeder
City Planner Herb Bartel
a _ - tea
v
i ray
CONTIXENTAL @E INO2 a REALTY ADW SOPS, 1NC.
231 SOUTH La SALLE STREET • SUITE 1607 • CHICAGO, ILLINOISXMOM 60604
312/828 -7320
December 7, 1972
Building Department
Post= Office Box V
Aspen, Colorado, 81611
Attention: Mr. Buettner. •
Re: Trueman Property - 19 Acres
Mill Road & Roaring Fork River
Dear Mr. Buettner:
In accordance_ with our recent telephone conversation, I am
writing this letter to inquire about the sewer treatment
plant located near Mr. Trueman's property. We have learned
from other sources that the sewer plant on occasion overloads
and emits a foul odor in the general area.
We are considering lending money to Mr. Trueman for the
acquisition of the property, and as such, are concerned about
any detrimental effects the sewer treatment plant will have
on the eventual development and sale of condominium units on
the subject property.
Any information that you can supply to us regarding the existence
of other sewer treatment plants, the planning of future plants,
and the overloading situation of the existing plant near Mr.
Trueman's property, would be most helpful.
I look forward to hearing from you in the near future.
Very truly yours,
Michael H. Bailie
Vice President
MHB:pf
WHOLLY OWNED SUL,SIDIARY OF CONTINENTAL ILLINOIS CORPORATION
HOLLAND & HART
ATTORNEYS AT LAW
500 EQUITABLE BUILDING
JOSIAH G, HOLLAND WARREN L.TOMLINSON DONALD 0 NINONEN MICHAEL D. WHITE
S T E P H E N H H A R T BRUCE T. BVELL 730 SEVENTEENTH STREET RICHARD NOON JOSEPH N.DE RAISMES
JOHN L. J. HART DON D. ETTER CHARLES T. BRANDT GRAHAM M.CLARK, JR.
WILLIAM D. EMBREE, JR. JAMES T. MORAN DENVER, COLORADO 80202 ROBERT T CONNERY DAVID G.PALMER
JAMES L.WHITE KENNETH O. HUBBARD RICHARD H. HART JUDITH BONNIE KO7LOFF
PATRICK M, WESTFELDT ROBERT L.VER SCHURE HARADON BEATTY COLIN MONTGOMERY CLARK
CLAUOE MMAER,JR. GORDON G. GREINER TELEPHONE AREA CODE 303 292 - 9200 ARTHUR C . DAILY MICHAEL D. MARTIN
ROBERT P. DAVISON ROBERT H, DURHAM, JR. JEFFREY C. POND DAVID 0.OWEN
JOHN FLEMING KELLY H, GREGORY AUSTIN ROBERT T. CLARK
FRANK R. MORISON L W LIAM SCHMIDT, JR. CABLE ADDRESS HOLHART, DENVER BRUCE W. SATTLER
WILLIAM C. McCLEARN JAMES P. LINDSAY JOHN HARKER
JOHN ALLEN MOORE EDWIN 3. KAHN RANDY L. PARCEL
BEN E,CHIDLAW SAMUEL P. GUYTON MOUNTAIN PLAZA BUILDING
JAMES E, HEGARTY JOHN 5, CASTELLANO
FIELD O. BENTON DENNIS M. JACKSON P. 0. BOX 1128, ASPEN, COLORADO 81611
DAVID BUTLER ROBERT E. BENSON
J. MICHAEL FARLEY TELEPHONE 925-3476 AREA CODE 303
May 22, 1972
Mr. Leon Wurl, City Manager
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Dear Leon:
In confirmation of our telephone discussions of last week,
please be advised that in conjunction with the City's decision
to open for public use a portion of the alley in Block 20, City
of Aspen, our client J.R. Trueman & Associates has agreed to
assume responsibility for maintaining the alley after it has
been graded and gravelled and a proper curb cut provided by the
City. This maintenance obligation will eventually be transferred
to an association of owners of condominium units to be constructed
on the South half of Block 20.
Tri -Co Management, Inc. estimates that the opening of ap-
proximately 120 lineal feet of the alley from Spring Street will
be more than adequate for purposes of Trueman's proposed condo-
minium development, and at the same time will not interfere with
the one -story steel building which currently encroaches on the
alley. You indicated during our last conversation that the City
A does not intend to open the entire alley at this time anyway, and
we would therefore like to suggest that the 120 -foot figure be
used as a general guideline in notifying adjoining landowners and
in the grading and gravelling phase. The Trueman organization does
not, of course, wish to assume responsibility for maintaining any
portion of the alley that may subsequently be opened beyond this
point.
If this arrangement meets with the approval of the City,
we would appreciate your initiating as soon as it may be convenient
the process of notifying the adjoining owners concerning the re-
moval of their encroachments. Ken Baker of Colorado West Title
Insurance Company has advised us that title to Lots 1 -5 of Block
•
HOLLAND & HART
Mr. Leon Wurl, City Manager
May 22, 1972
Page Two
20 is presently vested in Natalie Gignoux, and title to Lots 6 -9
in Nelson Smith and Shirley Claire Smith.
Please feel free to contact me at any time if we may be of
assistance in expediting the opening of the alley.
Very truly ours,
Arthur C. Daily
for LLAND & HART
ACD:mkl
cc: J.R. Trueman & Associates, Inc.
Jack Van Fossen, Esq.
Albert R. Kern, Esq.
Kenneth Baker, Esq .
Mr. James F. Reser
Mr. Richard Fitzgerald
Section 1 Contract No 2 5
� - • •��
Form 3331 Rev. 5/59
PIPE LINE CROSSING AGREEMENT
8th day of Au , 19 62 , by and between
THIS AGREEMENT, Made and entered into this.
THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of the State of Delaware (here-
CITY OF ASPEN, a Municipal
inafter called "Railroad Company "), party of the first part, and
corporation of Colorado,
(hereinafter called "Licensee "),
party of the second part,
WITNESSETH:
Section 1. The Railroad Company, for and in consideration of the covenants and agreements herein set out, to be
by Licensee kept, observed and performed, hereby licenses and permits the Licensee, subject to the terms and condi-
tions hereinafter stated, to construct and thereafter to maintain and operate the pipe line or pipe lines hereinafter
described (hereinafter called "Pipe Line ") upon or along or across the right of way and under the track or tracks of
the Railroad Company as herein specified, to -wit:
The encroachment of an 8 -inch diameter oast iron water main
with slip joints ce.�inning at an existing well No. 2, opposite
Mile Post 401 plus 2700 feet of the chin track of the Aspen Branch
of The Denver arid.Pio Grande Western Railroad. CO22pany and continuing
North 74 degrees 19 minutes west about (h foot to a point on the
soutmes r•rly right of tiny line opposite 4ile Post 401 plus 2636 feet,
where it leaves the property of the LiCeiiaor, and thence again enter -
ing said property about 18 0 feet southwesterly from the centerline of
the said Aspen Branch main track opposite rilc Post 40]. plus 2260 feet
end continuing g uorally northwesterly about 649.o foot to Well flo. 3
being about 282 feet southwesterly fro' the centerline of the said
track opposite 4111, Pont 401 plus 1502 fee,:, as shown on the attached
map flo. AR -72. Said pipe line to be placed not less than 4.0 feet
below the ground line on said property.
The foregoing Licence is subject and subordinate to the prior and continuing right and obligation of the Railroad
Company to use and maintain its entire Railroad right of way in the performance of its public duty as a common carrier,
and is also subject to the right and power of the Railroad Company to construct, maintain, repair, renew, use, operate,
change, modify or relocate additional railroad tracks, telegraph, telephone, signal or other wire lines, pipe lines, and
other facilities, structures or improvements upon, along or across any or all parts of said right of way and said Pipe
Line, all or any of which may be freely done at any time or times by the Railroad Company, without liability to the
Licensee or any other party for compensation or damages. in the event the Railroad Company elects to construct addi-
tional railroad tracks, structures or improvements upon its right of way and over and /or across said Pipe Line, the
Licensee shall, upon notice of such election, extend said Pipe Line according to such plans and specifications as the
Railroad Company may prescribe.
The foregoing License is also subject to all outstanding superior rights (including those in favor of telegraph and
telephone companies, lessees of said right of way and others) and the right of the Railroad Company to renew and
extend the same.
Section 2. The Licensee agrees to use the Pipe Line for the following purposes and for no other, to-wit:
1u ter.
Section 3. The Licensee agrees to pay to the Railroad Company, in advance, the surn of $.__._ -pjrLe
a- consideration for the License herein granted.
a i r re; re •v, c,-'
•
Section 4. The Pipe Line shall be constructed, ope rated, maintained, repaired, extended, renewed and /or reconstructed
by the Licensee in strict conformity with specifications prescribed by the Chief Engineer of the Railroad Company and
in such manner and according to such plans as said Chief Engineer may deem best for the safety and proper protection
of the tracks, roadbed and premises of the Railroad Company.
The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with
the adjacent surface of the ground.
All work performed on said right of way in connection with the construction, maintenance, repair, extension, re-
newal or reconstruction of the Pipe Line shall be done under the supervision and to the satisfaction of the Railroad
Company.
If the Railroad Company shall elect to construct said Pipe Line or a portion thereof, and shall so notify the Licensee,
the Licensee agrees to pay the Railroad Company, in advance. such sum of money estimated to be $
as shall be necessary to construct such portion or all of said Pipe Line, including the cost of all necessary material and
the transportation thereof and the cost of all labor and superintendence. If the amount to be advanced by the Licensee
as herein provided should be in excess of the amount required, the excess shall be returned to the Licensee; if such
amount should not be sufficient to cover the expense of work done by the Railroad Company, the Licensee shall pay
such additional amount to the Railroad Company on demand.
Prior to the commencement of any work by the Licensee in connection with the construction, maintenance, repair,
extension, renewal or reconstruction of the Pipe Line where it passes underneath the roadbed and tracks of the Rail-
road Company, the Licensee shall submit to the Railroad Company plans setting out the method and manner of handling
the work, and shall not proceed with the work until such plans shall have been approved by the Chief Engineer of the
Railroad Company, and then only under the supervision. of said Chief Engineer, or his authorized representative. The
Railroad Company shall have the right, if it so elects, to provide such support as it may deem necessary for the safety
of its said track or tracks during the time of construction, maintenance, repair, extension, renewal or reconstruction of
the Pipe Line, and in the event the Railroad Company provides such support, the Licensee shall pay to the Railroad
Company, within 15 days after bills shall have been rendered therefor, all expense incurred by the Railroad Company
in connection therewith, which said expense shall include all assignable costs plus 10 percent (10%) to cover elements
of expense not capable of exact ascertainment.
Section 5. The Licensee shall notify the Railroad Company at least 48 hours in advance of the commencement of
any work upon said right of way in connection with the construction, maintenance, repair, extension, renewal or recon-
struction of the Pipe Line except in cases of emergency when work is necessary to avert loss or damage to the property
of the Railroad Company.
Section 6. The Licensee shall bear the entire cost and expense incurred in comtection with the construction, main-
tenance, repair and renewal, and any and all modification, revision, extension, relocation, removal or reconstruction
of the Pipe Line, including any and all expense which may be incurred by the Railroad Company in connection there-
with for supervision or inspection, or otherwise.
Section 7. The Railroad Company, however, shall have the right, if it so elects, though it shall be under no obliga-
tion whatsoever to do so, to make necessary or proper repairs, or to reconstruct said Pipe Line, notwithstanding Lhe
obligation of the Licensee to maintain, repair and reconstruct, and, in the event the Railroad Company at any time
elects to repair or reconstruct said Pipe Line, the Licensee shall, upon presentation of estimate, advance such sum of
money as the Chief Engineer of the Railroad Company may deem necessary for such repair or reconstruction, or, upon
bill being rendered for work already done, the Licensee shall reimburse the Railroad Company for the cost of such repair
or reconstruction.
The optional right of the Railroad Company at any time to make repairs or to reconstruct said Pipe Line, shall
in no manner or degree relieve the Licensee from responsibility to the Railroad Company or other persons or corpora-
tions for the failure of the Licensee to properly maintain or reconstruct said Pipe Line or any structure which the
Licensee agrees hereunder to maintain and reconstruct.
Section S. The Licensee shall, at its sole expense, make any and all modifications or changes in the Pipe Line, or
move all or any part thereof to such new location as may be required by the Railroad Company at any time, in con-
nection with the const: action, maintenance, repair, renewal, use, operation, change, modification or relocation of railroad
tracks, telegraph, telephone, signal or other pole and wire lines, pipe lines and other facilities, structures or improve-
ments of the Railroad Company, upon said right of way.
All the terms, conditions, and stipulations of this agreement, with reference to the construction, maintenance, repair
and renewal of the Pipe Line on said right of way, in the location hereinbefore described, shall apply to the Pipe Line
as modified, changed or relocated within the contemplation of this section.
Section 9. The Pipe Line shall be constructed and, at all times maintained, repaired, extended, renewed and oper-
ated, in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the
tracks, property and premises of the Railroad Company, and nothing shall be done or suffered to be done by the Licensee
at any tune that would in any manner impair the safety thereof.
Section 10. Licensee shall fully pay for all materials, joined or affixed to, and labor performed upon, said right of
way in connection with the construction, maintenance, repair, extension, renewal or reconstruction of the Pipe Line, and
shall not permit or suffer any mechanics' or materialmen's liens of any kind or nature to be enforced against said right
of way for any work done or materials furnished thereon, at the instance or request, or on behalf of the Licensee, and
the I: tenses shall indemnify and hold harmless the Railroad Company from and against any and all liens, c!ed;r_s, de-
mands, costs and expenses of whatsoever nature, in any way connected with or growing out of such work done, labor
performed, or materials furnished.
The Licensee shall promptly pay or rlischorge all taxes, rates, charges and assessments levied upon, in respect to,
or on account of the Pipe Line so as to prevent the same becoming a charge or lien noon said right of way, or any
other property of the Railroad Company, and so that the taxes, charges and assessments levied upon or in respect to
•
said right of way and other property of the Railroad Company shall not be increased because of the location, construc-
tion or maintenance of the Pipe Line, or any improvement, appliance or fixture connected therewith, placed upon said
right of way, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be sepa-
rately made or assessed to the Licensee but shall be included in the assessment of the right of way, or other property
of the Railroad Company, then the Licensee shall pay to the Railroad Company an equitable proportion of such taxes,
determined by the value of Licensee's property upon said right of way as compared to the entire value of said right
of way.
Section 11. In the event the Licensee shall take down any fence of the Railroad Company or in any manner move
or disturb any of the other property of the Railroad Company in connection with the construction, maintenance, repair,
extension, renewal or reconstruction of the Pipe Line, then and in that event the Licensee shall, as soon as possible, and
at its sole expense, restore such fence and /or such other property to the same condition as it was in before such fence
was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and save harmless
the Railroad Company from and against any and ail liability, loss, damages, claims, demands, costs and expenses of
whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whom-
soever or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction
grows out of or arises from the taking down of any fence or the moving or disturbing of any of the other property
of the Railroad Company.
Section 12. In the event the Railroad Company shall dispose of any of its property upon which the Pipe Line is
/ located, as herein provided, the License or permit herein granted with respect to the portion of the Pipe Line located
upon the property so disposed of, shall forthwith cease and determine.
Section 13. The Licensee shall indemnify and hold harmless the Railroad Company from and against any and all
liability, loss, damage, clams, demands, cost and expenses of whatsoever nature, including court costs and attorneys'
fees, which may result from injury to or death of persons whomsoever, or damage to or loss of or destruction of property
whatsoever (including damage to the roadbed, tracks, equipment, or other property of the Railroad Company or prop-
erty in its care or custody) whether such injury, death, loss, destruction or damage grows out of or arises from the burst-
ing of or leaks in the Pipe Line, or the explosion or ignition of gas or oil carried therein, or escaping therefrom, or
in any other way whatsoever is due to, or arises because of, the existence of the Pipe Line or the operation, construction,
maintenance, repair, extension, renewal, modification, reconstruction, revision, relocation or removal of the Pipe Line, or
any part thereof, or to the contents therein or therefrom. And the Licensee does hereby release the Railroad Company
from ail liability for damages on account of injury to the Pipe Line from any cause whatsoever.
Neither the right of supervision by the Railroad Company of the location, construction, maintenance, repair, exten-
sion, renewal, reconstruction or relocation of the Pipe Line, nor the exercise or failure to exercise said right, nor the
approval or failure to disapprove by the Railroad Company of the location, construction, maintenance, repair, extension,
renewal or reconstruction of said Pipe Line, nor the election of the Railroad Company to repair or reconstruct the whole
or any part of said Pipe Line shall be deemed a waiver of the obligation of the Licensee contained in this section, or a
release therefrom or from any other obligation of this contract resting upon said Licensee that is hereinbefore or here-
inafter expressed or implied.
Section 14. For the further protection of the Railroad Company, the Licensee, before any work is begun, agrees
to procure and maintain at Licensee's own expense, in a U ' person, $ `s . cornpany qcceptable to the Railroad Company, Comprehen-
sive General Liability tun,.li! r} its of 'L _ 7 U. one n ci P^
Y Insurance in min }?rt ,
one accident for bodily injury, and $ 1 v..i for property damage, which policy shall specifically insure
the liability assumed by the Licensee under Sections 11 and 13 of this agreement. Licensee shall furnish the Railroad
Company Certificates of Insurance, in duplicate, evidencing such insurance to be in full force and effect and that the
same will not be cancelled without at least fifteen (15) days' advance written notice by Insurance Company to the
Railroad Company's Insurance Department, 1531 Stout Street, Denver, Colorado. rt u
hereto and hereby made a r", Se Exhibit A a.tta.Ched
art hereof. This his section shall be applicable only if
installation of the facilities referred to in Section 1 hereof is performed by other
than employees of the City of Aspen, Colorado.
Section 15. Disuse of the Pipe Line continuing, at any time for a period of one year, shall constitute an abandon-
ment thereof, and in the event of such an abandonment the Railroad Company may, at its option terminate this agree-
ment.
If the Licensee shall fail to keep and perform all or any of the covenants and agreements herein contained, to be
by it kept and performed, or if the Licensee shall fail to make any of the payments which it is obligated to make here-
under, and such default shall continue for a period of thirty (30) clays after written notice from the Railroad Company
to the Licensee, specifying such default, then the Railroad Company may, at its option, forthwith terminate this agree-
ment.
Notwithstanding anything to the contrary herein contained, it is agreed that if at any time the maintenance and
operation of said Pipe Line shall be inconsistent with the use by the Railroad Company of its right of way for railroad
purposes, this License shall immediately cease, ipso facto.
Section 16. Within ninety (90) days after the termination of this agreement howsoever, the Licensee shall, at its
sole expense, remove the Pipe Line from those portions of said right of way not occupied by the roadbed and track or
tracks of the Railroad Company and shall restore, to the satisfaction of the Railroad Company, said portions of said
right of way to as good condition as they were in at the time of the construction of the Pipe Line, and if the Licensee
fails so to do, the Railroad Company may do such work of removal and restoration at the expense of the Licensee. The
Railroad Company may, at its option, upon such termination, at the expense of the Licensee, remove the portions of
the Pipe Lino located underneath the said i dt d and tract: or tracks and restore said roadbed to as good condition as
it was in at the time of the construction of the Pipe Line, or it may permit the Licensee to do such tvork of removal
or restoration under ti 0 supervision of the Railroad Company. In the event of the removal of the 1 'ipe Line as in this
section provided, the Railroad Coml. :,11y s 4e.11 in Ito manner be 1ia')la to the Licensee for any damage sustained by the
Licensee for or on account of such removal, and such removal shall in no mama: prejudice or impair a ny right of action
for damages or otherwise that the Railroad Company may have against the Licensee.
•
Nothing in this section contained shall obligate the Licensee to remove the Pipe Line because of the termination
of this License under the provisions of Section 12 hereof, in cases where the Licensee shall have made arrangements for
the continuation of the Pipe Line with the grantee or grantees of the Railroad Company.
Section 17. The waiver by the Railroad Company of the breach of any condition, covenant or agreement herein
contained, to be kept, observed and performed by the Licensee, shall in no way impair the right of the Railroad Com-
pany to avail itself of any subsequent breach thereof.
Section 18. The Licensee shall not sublet, in whole or in part, the License herein granted, and shall not assign this
agreement without the written consent of the Railroad Company, and it is agreed that any transfer or assignment, or
attempted transfer or assignment of this agreement, or any of the tights hereby granted, whether voluntary, by opera-
tion of law, or otherwise, without such consent in writing, shall be absolutely void, and, at the option of the Railroad
Company, shall terminate this agreement.
� - i
Section 19. This agreement shall take effect as of the ^ day of L.`� G��... 19 �; and
shall continue in full force and effect until terminated as herein provided.
Section 20. Subect to the provisions of Section 18 hereof, this agreement shall be binding upon and enure to the
benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.
•
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date
first herein written.
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
By 1,�..f ` " .Li d/..fe J
Chief Engiiiter
CITY OF ASPEII
Licensee
ATTEST:
By
P =.aror
r% City Clerk
u, 4....■••••••••~.~11
1 1
I /I / 1 r i - .1 r 1,
T AS. 1.L.R.E N O. 1 . 0 1)- , --'A ,
DENW.P March 24, 1970
coNrd±c? NO,
A dip , LT:f1S 9.0,
li 15812
Wird
r
At t :chi LAr..?.to is er1J zt cr cf LEASE 15812
NAME: SAN JUAN TOURS, INC.
isiDonas:;: •
CITY !:3M STATZ :
WCATION : ' Aspen, Colorado
DATED: October 10, 1970
Weig31717WE IV:-.TE: December 15, 1969
ENIMA::X01 PAM: December 15, 1974
RiATAL LATE: $60.00 per month .
LICE'S : ICE:
PURPUM Passenger and Freight Bus Terminal, including fueling
facilities.
r E }! 1,:nn!,
Mote: if ta a. is recKfrL:, - ,:r this nge,terinnt:
( ) fle.-4rg cdv whcln vr:k cu:npl.st8d aad incttYv.ric-
na lottger nccf0ary,
( ) Iar,unaeze covevasi:! ig varp:p.til.
( ) lavurs:gce pY:virloc It)2t ytt cmf.plIcrl with,
DJ NOT FERMI:: ENTRX CI RAILROAD PROPEWY
cc: JET - c:)p!) ,:itst!hgd. Alec: nt.nched to fglly ext,gutcd duplicate
crigit4:1 for dclAvE to
( ) Daplic:ILF or:IgirLaI picked up.
( ) Do.plix or: fol.:iiprdr direat.
RKB (x) Duplicate original for Lessee.
Thia dcummt gvnc,:t•s cnd suplIrredos
dated
cc: wss - Copy ettechei.
)
CRL RCC HWB JLW
•
Lease No.
•
THIS LEASE, made and entered into.thisiOth day of October
196 9 , between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY
a Delaware corporation, hereinafter called "Lessor ", and SAN JUAN
TOURS, INC., a Colorado corporation
hereinafter called "Lessee ", WITNESSETH, That:
1. The Lessor, in consideration of the rents to be paid
and the agreements to be performed by Lessee, hereby leases to
Lessee premises situate in County of Pitkin State of Colorado
to -wit:
(a) DESCRIPTION -
An irregular tract of land being a part of
l e the property of the Lessor at Aspen, Pitkin County,
, tg Colorado, bounded on the west by a line parallel with
and 40 feet westerly from the east line of Spring
Street, on the north by the northerly right -of -way
v C-n line of the Lessor, on the east by the easterly right-
of -way line of the Lessor, and on the south by the
g e southerly right -of -way line of the Lessor, as
shown on the attached map No. 2016, containing
;i 25,800 square feet, more or less.
(b) TERM - To have and to hold said described premises
from December 15, 1969 to and until December 15, 1974
unless sooner terminated as hereinafter provided.
2. RENT, TAXES AND CHARGES: Lessee agrees to pay Lessor
a rental of SIXTY AND N0 /100
DOLLARS ($ *60.00* ), Per month , payable monthly in advance.
Lessor shall during the term of this lease, or any extended
term, pay or cause to be paid all taxes, assessments and assessments
for public improvements levied and assessed against the leased
premises; and Lessee shall pay, or caused to be paid, all taxes,
assessments and assessments for public improvements levied and assessed
against any improvements placed upon the leased premises by Lessee.
In the event the taxing authorities shall fail or refuse to assess the
improvements placed, erected or constructed on the leased property by
the Lessee, in the name of the Lessee, but shall render tax statements
for the land and improvements in the name of the Lessor, all such
taxes and assessments shall be paid by Lessor before same become
delinquent, and Lessee agrees to reimburse Lessor for the full
amount of all such taxes and assessments against the improvements
within thirty (30) days after receipt of bill therefor; and it shall
be the sole obligation of Lessee to determine the assessments made
against said improvements and to take whatever action is necessary
to modify or change such assessments for a particular year, and, if
Lessee shall be dissatisfied with the assessment for a particular
year, Lessee shall notify Lessor not later than the first day of
January in the succeeding year that Lessee desires to have said
taxes and assessments paid under protest, and Lessee shall at
Lessee's sole cost and expense prosecute all actions for the recovery
of any such taxes and assessments; and, if any such suit shall re-
sult in the imposition of additional taxes or assessments with respect
to said improvements, Lessor shall pay such additional taxes and
assessments and Lessee shall, within thirty (30) days after receipt
of the bill therefor, reimburse Lessor for such additional taxes and
assessments so paid, but if such suit shall result in refund, Lessor
shall pay to Lessee the amount of such refund within thirty (30) days
after receipt of the same from the taxing authority.
Lessee shall also pay all charges and assessments for water,
•
gas and electricity used or consumed by Lessee upon the leased
premises.
3. USE OF PREMISES: Lessee agrees to use said described
premises for the following purposes and for no other to -wit:
Passenger and Freight Bus Terminal, including fueling facilities
4. IMPROVEMENTS - Lessee shall maintain all improvements
whatsoever which on the date hereof exist upon the leased premises
and it is agreed that Lessee may construct improvements upon the
leased premises consistent with the purposes of this lease, provided
always, however, that the style and type of construction shall be
subject to approval by Lessor. All improvements on the leased
premises including those which on the date hereof exist upon said
premises and those hereafter constructed on said premises shall,
during the continuance of this lease, be maintained and painted by
the Lessee to the satisfaction of the Lessor, and at all times be
kept by the Lessee in a state of good repair. All improvements
heretofor or hereafter constructed upon the leased premises shall be
deemed to be attached to the land and to be the property of the
Lessor, subject to the conditions hereinafter stated; provided,
however, that if at the termination hereof Lessee shall have fully
paid the rent herein reserved and shall in all other respects have
-2-
faithfully kept, observed and performed the agreements hereof, then
such improvements on said leased premises as may have been purchased
by Lessee or erected or placed upon the leased premises by the
Lessee shall upon such termination become the property ofythe Lessee
and said Lessee may, or at the request of Lessor, shall, within
thirty (30) days after termination of this lease, remove at Lessee's
sole expense such improvements on said leased premises as may have
been purchased by Lessee or erected or placed upon said premises by
said Lessee and restore said premises to substantially their former
state in accordance with the provisions of Section 21 hereof, but if
Lessee shall be in default upon the termination of this lease, then
such improvements on said leased premises as may have been purchased
by Lessee or erected or placed upon said premises.by Lessee, shall
remain the exclusive property of the Lessor; provided further, how-
ever, that if at the termination hereof Lessee is in default in any
of the agreements herein contained and Lessor shall nevertheless desire
Lessee to remove such improvements on the leased premises as may have
been purchased by Lessee or erected or placed on said premises by
Lessee, and shall so notify Lessee, then all such improvements shall
upon such termination become the property of Lessee and Lessee shall
remove the same from the leased premises and restore said premises •
to substantially their former state in accordance with the provisions
of Section 21 hereof.
5. LIENS: It is expressly understood and agreed by and
between Lessor and Lessee, and notice is hereby given to all persons,
firms or corporations dealing with Lessee in respect of the leased
property, that nothing herein is intended or shall be construed so
as to authorize Lessee, or any person dealing through, with or under
Lessee, to charge the leased property, or any interest of the Lessor
therein, or in this lease, with any mechanics' liens or other statu-
tory liens whatsoever; but, on the contrary, notice is hereby given
to all persons, firms or corporations dealing through, with or under.
Lessee, that the right and power to charge any such lien against
Lessor and /or the leased property is expressly denied.
Lessee covenants and agrees that Lessee will not permit
any material, labor or other lien to attach to said leased property,
contrary to the intent of the parties and the notice hereir_above
given, which may effect the title of Lessor to the leased property,
and, in the event any such lien shall be recorded, Lessee agrees,
within thirty (30) days after such recording, to cause the same to
be duly released of record. Lessee further covenants and agrees
that, in the event any such lien is placed of record, Lessee will
pay Lessor the sum of Ten Dollars ($10.00) for each such lien, in
addition to all other expense agreed to be paid by Lessee in con -
nection therewith, to cover. Lessor's expense in respect to such
liens. Lessee also further covenants and agrees that Lessee will
-3-
4 p \
• . •
`./
protect, save harmless and defend Lessor at Lessee's sole cost and
expense, from and against all actions, and that Lessee will satisfy
all judgments, in any manner predicated upon any such lien suffered
•
or permitted to be filed or recorded by Lessee. Nothing herein
shall be construed so as to prevent Lessee from contesting any such
lien, provided that Lessee shall exercise reasonable diligence in
respect thereof, and the time for releasing any such lien as here -
inabove provided, shall be extended, in event of suit, to date of
entry of judgment or decree..
6. INSURANCE: During the term of this lease, or any
extension thereof, Lessee will cause any policies of fire insurance,
covering fixtures, stock -in- trade, improvements and other property
of Lessee located upon said premises to be so written that, in event
of loss thereof or damage thereto by fire, no insurance company shall
be subrogated to the right of Lessee or shall have recourse against
the Lessor, its successors or assigns, for such loss or damage.
7. COMPLIANCE WITH LAWS: Lessee agrees to comply with all
applicable laws and ordinances and with all lawful orders, rules,
regulations, specifications and requirements issued thereunder, in
respect to Lessee's use of said premises.
8. CARE OF PREMISES: Lessee shall at all times maintain
said premises in safe, clean and sanitary condition.
9. ARTIFICIAL LIGHTING: Artificial lighting in pump
houses, warehouses, or other enclosures where oil or other flammable
fluid supplies are handled or stored, except when in unbroken
original containers, shall be by electricity, and all electrical
installations on such premises shall conform to and be maintained
in accordance with "National Electrical Code ", Article 32, and in
accordance with the recommendations for such locations as are
embodied in the National Electrical Safety Code, and also in accord-
ance with the requirements of any local ordinance or State or Federal
laws, or the lawful rules, regulations and requirements thereunder,
which may be in effect during the term of this lease.
10. LIEN OF MORTGAGES: This lease and all rights granted
hereby are and shall remain subject to the liens of the First
Mortgage and of the Income Mortgage of The Denver and Rio Grande
Western Railroad Company, both dated as of January 1, 1943, and all
amendments or supplements to any of said mortgages now in effect or
hereafter affected.
11. INDEMNITY: It is agreed as one of the material con -
siderations for this lease and without which the same would not be .
granted by the Lessor, that the Lessee assumes all responsibility
for and agrees to hold harmless and indemnify the Lessor from and
against all damage to property of the Lessee or to any other property
on said leased premises, regardless of Lessor's negligence, arising
from fire howsoever caused.
The Lessee also shall indemnify and hold harmless the
Lessor from and against any and all liability, loss, damage, claims,
demands, actions, causes of action, costs and expense of whatsoever
nature growing out of injury-to or death of persons whomsoever in-
eluding without limiting the generality of the foregoing, the officers,
agents, servants and employees of the parties hereto, or the loss or
destruction of or damage to property whatsoever of persons whomso-
ever, including the parties hereto, and their employees, when such
injury, death, loss, destruction or damage occurs on the leased
premises or results from or arises in any way in connection with, or
incident to the occupation or use of the leased premises by, or the
presence thereon of, the Lessee, the Lessee's officers, agents,
servants, employees, patrons, licensees, or invitees, except when
caused solely by the negligence of the Lessor.
12. NOTICE: Any notice given by Lessor to Lessee shall be
deemed to be properly served if the same shall be mailed to Lessee,
United States mail postpaid.
13. ASSIGNMENT OR SUBLETTING: Any assignment of this lease
or any subletting of the above described premises for other than bus
terminal without the written consent of Lessor first had and obtained,
shall be void and of no effect whatsoever, and shall constitute a
default under this lease.
14. DEFAULT: If default shall be made in any of the agree-
ments herein contained to be by the Lessee kept and performed, or if
Lessee shall abandon the leased premises, it shall be lawful for
Lessor, with or without notice, to declare this lease ended, and to
re -enter said premises, either with or without process of law, and to
expel, remove and put out, using such force as may be necessary in
so doing, the Lessee or any other person occupying or being in or
upon the same and the said premises again to reposess and enjoy as
of its former estate.
15. CONSTRUCTION AND TERMINATION CLAUSE: It is mutually
agreed that this lease is made upon the express condition that Lessee
shall construct a building or plant to be used for the purpose set
forth in Section 3 of this lease, and it is further agreed that if
Lessee shall not have commenced construction of the same within one
(1) year from the date of this lease, then the Lessor, at its
option, may cancel this lease upon thirty (30) days' written notice
to the Lessee. The term "commence construction" as used herein
shall mean completion of the pouring of all foundations and com-
pletion of the floor slab of the building or plant.
•
-5-
•
It is agreed that any time said described tract of land
• is not used for a continuous period of six (6) months, said Railroad Co,
may, at its election, terminate this lease upon giving the Lessee
thirty (30) days' written notice of such termination; rent shall be
paid by Lessee to date of termination fixed by said notice and if
rent has been paid in advance, the proportionate amount for the un-
expired term shall be returned to the Lessee.
16, OTIER AGREEMENTS: This lease embodies the entire
understanding of the parties hereto with respect to the use of the
above described premises by Lessee, hereby cancelling and super-
seding all other agreements, verbal or written, heretofore exist-
ing between the parties hereto respecting the leased property.
17. SUCCESSORS: Except as hereinabove limited, this
lease shall inure to the benefit of and be binding upon the parties
hereto, and their respective heirs, executors, administrators,
successors and assigns.
18. VACATION OF PREMISES: The Lessee covenants and agrees
to vacate and surrender the quiet and peaceable possession of the
leased premises upon the termination of this lease howsoever. Within
thirty (30) days after such termination the Lessee, subject to the
provisions of Section 4 hereof, shall (a) remove from the premises
at the expense of the Lessee all improvements, structures and other
• property, not belonging to the Lessor and (b) restore the surface of
the ground to as good condition as the same was in before such struc-
tures were erected, including among other things the removal of foun-
dations of such structures, the filling in of all excavations and
• pits, and the removal of all debris and rubbish, all at the Lessee's
expense; failing in which the Lessor may perform the work and the
Lessee shall reimburse the Lessor for the cost thereof within thirty
(30) days after bill is rendered.
In case of Lessee's failure to remove said improvements,
structures and other property as provided for in this Section 21, the
same shall upon the expiration of said thirty (30) days after the
termination of this lease become and thereafter remain the property
of the Lessor, and if within ninety (90) days after the expiration
of such thirty -day period the Lessor elects to and does remove or
cause to be removed said improvements, structures and other property
from the leased premises and the market value thereof on removal or
of the material therefrom does not equal the cost of such removal,
plus the cost of restoring the surface of the ground as aforesaid,
then the Lessee shall reimburse the Lessor for the deficit within
thirty (30) days after bill rendered,
-6-
19. If the whole or any part of the premises hereby leased or
adjacent property or facilities of the Lessor shall be taken under the
power of eminent domain, then Lessor shall have the right to terminate
this lease as of the day possession of either shall be taken and Lessee
agrees to hold harmless the Lessor, from and against any and all
liability, loss, damage, claims, demands, action, causes of action,
costs and expenses of whatsoever nature growing out of or incident to
the termination of this lease.
• 20. EXTENDED TERM: Lessor will extend the terns of this
lease for a second five -year and third five -year term, if so desired
by Lessee. Such extended term or terms shall be upon the same terms
and conditions as are set forth in this lease except with respect to
rent which shall be subject to adjustment and revision, at the option
of Lessor, at the end of the first and each five -year term. {
21. Notwithstanding anything to the contrary herein con-
tained, this lease may be cancelled should property be required by
Lessor for other uses; provided, however, that Lessor shall provide
an alternate site more compatible for the purpose herein specified.
It is further understood that all expenses involved in
relocation as aforesaid, shall be borne by Lessee, and rental adjusted
in accordance with methods hereinbefore stated.
Within ninety (90) days prior to the expiration of the first
term hereof, Lessee shall notify Lessor in writing whether or not it
desires to extend the term of this lease for an additional five -year
term. Within thirty (30) days thereafter, Lessor shall advise Lessee
in writing whether or not, as aforesaid, Lessor will extend this lease
for such additional five -year term, and, if so, the amount of annual
rent to be paid during such term adjusted and revised to reflect a
fair rental return to Lessor upon the then present day value of the
leased premises; and Lessee shall advise Lessor in writing within
fifteen (15) days thereafter of acceptance of the extended five -year
term at the revised rent, otherwise this lease shall terminate,
It is mutually understood and agreed that in the determination
of the rentals for such extended term, consideration shall be taken on:
(1) The then value of the property in its unimproved condition, (2) the
enhanced value of said property due to any assessments for public
improvements which may have been paid by Lessor from the effective date
of this lease to date of appraisement, or any monies expended by Lessor
in lieu thereof, (3) other pertinent and recognized factors entering
into real estate appraisals, and (4) a fair monthly return based on the
then present day value of the property; and no rentals for any extended
term of this lease shall be lower than said sum of $60,00 per month
. or rents lower than those which may be required to be fixed by
Federal or State laws or the lawful regulations or orders made or
entered pursuant thereto.
IN WITNESS WHEREOF, the parties have executed this lease
in duplicate the day and year first above written.
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
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Execu . Vice President
and •feral Manager
SAN JUAN TOURS INC,
Lessee
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AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM B- 197
I,w (Amended 10- 17 -70)
06- 005 -04 -03371
CHICAGO TITLE INSURANCE COMPANY
A
i SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN li'
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, '
p,
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, 1
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of I ,
insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated
therein; g 1
2. Any defect in or lien or encumbrance on such title;
kl
3. Lack of a right of access to and from the land; or {II
4. Unmarketability of such title. 1
w. I�Iu..
Fri
i In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed
S and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned cTI
*1 b y an authorized signatory. �1!
l
,' .
CHICAGO TITLE INSURANCE COMPANY it
By '
....... �
t, s . President.
C � Hn
p' OOOPOR4rc c\ ATTEST:
' O as ' rvt.ea e + 9 1 ;. •
't"x;/
rw Secretary.
Ii41 10.
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IP • IMPORTANT ;7
This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser
of the real estate described herein may he insured against defects, liens or encumbrances, this policy ti
IIalb,p�' ` i should he reissued in the name of such purchaser
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�N' � �R" - ;� +t N <,� � �!t a. �dY�'9N 4Y >g_:� � "�TV� _.sY �VPc— '�_�L�"� "L �'".��W°'- jS,�;�
ranur:nht IQAV An.erienn 1 and Title Assnriatinn
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning
ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,
or regulating the character, dimensions or location of any improvement now or hereafter erected
on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area
of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise
of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed
or agreed to by the insured claimant; (b) not known to the Company and not shown by the
public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the
insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created
subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the estate or interest insured by this policy.
�+`� n, , , 15'0:4'1 , , -;;*--‘041( ' Isakaiiiskarasaar..distsgits .
FORM 3226 8-,2.66
• P- 307 - 217 -73 SCHEDULE A
Number Date of Policy Amount of Policy
06 005 04 03371 September 21, 1973, 11:00 a.m. $1,750,000.00
1. Name of Insured:
THE QTY OF ASPEN, COLORADO, a Municipal Corporation
2. The estate or interest in the land described or referred to in this schedule covered by this policy is:
Fee Simple.
3. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured.
4. The land herein described is encumbered by the following mortgage or trust deed, and assignments:
None.
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5. The land referred to in this policy is described as follows:
See Exhibit "A" attached hereto.
This policy valid only if Schedule B is attached.
lissairMr eR6Rt.��� ^'a— +'.'""�L�
FORM 3506 R.0 -70
•
SCHEDULE B
Policy Number 06 005 04 03171
Ownen
This policy does not insure against loss or damage by reason of the following exceptions:
General Exceptions:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
(3) Easements or claims of easements not shown by the public records. •
(4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
(5) Taxes or special assessments which are not shown as existing liens by the public records.
Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A.
(6) Reservations contained in United States Patents recorded in Book 55 at Page 2,
Book 55 at Page 116, Book 39 at Page 136 and Book 185 at Page 69.
(7) Terms, conditions and obligations of Agreement between James R. Trueman and
Coltpany and the City of Aspen, dated March 22, 1973 and recorded as Document
No. 158728 in Book 274 at Page 381.
(8) Easements granted to Klaus F. Obermeyer for sewer purposes recited in Document
recorded in Book 274 at Page 381.
(9) Fasenent granted to the Aspen One Company for access purposes, as recited in
Document recorded in Book 274 at Page 381.
(10) Private Way License for the construction, maintenance and use of the private way
or private ways as granted to Grant and Company, a Colorado Corporation, by the
Denver and Rio Grande Western Railroad Company, a Delaware Corporation, in the
instrument recorded January 14, 1971 in Book 253 at Page 107, affecting the
follaaing- described property:
A 20 -foot wide private access road encroaching upon the property of the Licensor
at Aspen, Pitkin County, Colorado, within the Southwest Quarter of Section 7,
ibwnship 10 South, Range 84 West, Sixth Principal Meridian, described as follaas:
Beginning at the Easterly line of Mill Street, northerly of said Licensor's I.C.C.
Tract No. 32 Rv., opposite Mile Post 401 plus about 1560 feet; thence Southeasterly
parallel with said track and on curve to left to a point in said Licensor's northerly
property line opposite Mile Post 401 plus about 2010 feet..." "for use of ingress
and egress."
(11) Easement and right -of -way for the construction, operation and maintenance of
water lines as granted to The City of Aspen by The Denver and Rio Grande Western
Railroad Company, a Delaware Corporation, in the instrument recorded July 11,
CONTINUED ON NEXT PAGE...
Countersign /% '/iy�n/✓
Authorized Signatory
Schedule B of this Policy consists of 2 pages.
•
/ " AGE
am Form 3477
>e.
(Schedule B continued)
Policy Number 06 005 04 03371
1 Ownen
Policy Number
Loan
1969 in Book 241 at Page 987, affecting the following- described property:
"...a 10 -foot wide strip of land being part of the Aspen Branch right- of-way
of The Denver and Rio Grande Western Railroad Conpany in Pitkin County, State
of Colorado, the centerline of said strip being described as follows: Beginning
at a point opposite Railroad I.C.C. Station 1767 -90 and 10 feet Southwesterly
at right angles from the centerline of Easement granted by said Railroad Company
to Aspen Metropolitan Sanitation District; thence Southeasterly parallel with
said centerline of easement to a point opposite I.C.C. Station 2163 -15 as said
centerline of easement granted to said Sanitation District is described in
Easement Deed dated June 4, 1969, and recorded in the records of the County Clerk
and Recorder of Pitkin County, in Book 241 at Page 810, 811, 812, 813 and 814...
Reserving, however, unto the party of the first part, its successors and assigns,
the right to said strip for purposes which will not interfere with the second
party's full enjoyment of the rights hereby granted... ".
(12) Easement and right- of-way for the construction, maintenance and repair of under -
ground sanitation utility lines and /or outfall lines, as granted to The Aspen
Sanitation District and The Aspen Metropolitan Sanitation District by The Denver
and Rio Grande Western Railroad Company, a Delaware Corporation, in instrument
recorded June 26, 1969 in Book 241 at Page 810, affecting property described
therein as set forth on sheet attached hereto.
(13) Encroachments of fences, fencelines and buildings as shown on survey of Meurrs
Serafini and Meurer, dated June 7, 1966 and re- nonumentation plat of Tri -Co
Management, Inc., dated June 27, 1973, together with any and all rights of
parties as claimants thereof. e , ° ' ' e r, t » r Y
(14) Easement and right -of -way for Highway purposes as granted to Pitkin County by
The Denver and Rio Grande Western Railroad Company, a Delaware Corporation, in
the instrument recorded August 21, 1953 in Book 180 at Page 182 as set forth in
the instrument attached hereto.
(15) Any future tax, assessment, fee or charge by reason of the inclusion of the
subject property in the Aspen Metropolitan Sanitation District and Aspen Fire
Protection District.
(16) All taxes due and payable, taxes for the year 1973, and taxes for subsequent
years.
4
Owner's Policy No. 06 005 04 03371
•
EXHIBIT "A"
A tract of land situated in the Southwest 4 of Section 7, Township 10
South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, being
more fully described as follows:
Beginning at a point at the East Side of Mill Street whence the West one - quarter
corner of said Section 7 bears N 38 °06'14" W 1542.42 feet; thence S. 56 °06'43" E.
120.33 feet; thence N. 33 °53'35" E. 70.,32 feet• thence S. 75 °51'14" E. 67.25 feet;
thence N. 84 °34'25" E. 121.34 feet; t� ence S. 60b17 W. 130.87 feet; thence S.
89 °28'55" E. 184.09 feet; thence S. 00 °58'09" W. 109.72 feet; thence N. 16 °34'56"
E. 9.37 feet; thence S. 74 °37'51" E. 141.49 feet; thence S. 09 °26'26" E. 412.35 feet;
thence S. 43 ° 10'38" E. 89.04 feet; thence 233.41 feet along the arc of a curve to the
left having a radius of 309.26 feet and a chord which bears S. 64 °56'02" E. 227.91
feet; thence S. 03 °22'00" W. 100.08 feet; thence 309.38 feet along the arc of a curve
to the right having a radius of 409.34 feet and a chord which bears N. 64 °54'19" W.
302.07 feet; thence N. 44 °54'27" W. 66.04 feet; thence N. 75 °12'56" W. 15.86 feet;
thence N. 75 °11'28" W. 25.48 feet; thence N. 16 °49'23" E. 83.76 feet; thence N. 73°
19'31" W. 271.88 feet; thence S. 16 °37'11" W. 90.78 feet; thence N. 57 °36'26" W.
10.54 feet; thence S. 84 °21'32" W. 164.64 feet; thence N. 87 °31'46" W. 88.97 feet;
thence S. 14 °26'08" W. 75.82 feet; thence N. 43 °12'17" W. 408.87 feet; thence N. 19°
50'59" E. 495.73 feet to the point of beginning.
NUPE: This description is derived from a re- monunentation of a survey performed by
Meurer, Serafini and Meurer in 1966.
COUNTY OF PITK1N
STATE OF COLORADO s- :
J
•
•
•
•
•
:. ....
210NDITIONS AND STIPULATION!. 3
1. Definition of Terms policy, the Company may pursue any such litigation to final determi-
The following terms when used in this policy mean: nation by a court of competent jurisdiction and expressly reserves the
(a) "insured ": the insured named in Schedule A. and, subject to right, in its sole discretion, to appeal from any adverse judgment or
any rights or defenses the Company may have had against the named order.
insured, those who succeed to the interest of such insured by operation (e) In all cases where this policy permits or requires the Company
of law as distinguished from purchase including, but not limited to, to prosecute or provide for the defense of any action or proceeding,
heirs, distributees, devisees, survivors, personal representatives, next of the insured hereunder shall secure to the Company the right to so
kin, or corporate or fiduciary successors. prosecute or provide defense in such action or proceeding, and all
(b) "insured claimant ": an insured claiming loss or damage here- appeals therein, and permit the Company to use, at its option, the name
of such insured for such purpose. Whenever requested by the Com-
under. pany, such insured shall give the Company all reasonable aid in any
(c) "knowledge ": actual knowledge, not constructive knowledge or such action or proceeding, in effecting settlement, securing evidence,
notice which may be imputed to an insured by reason of any public obtaining witnesses, or prosecuting or defending such action or pro -
records. ceeding, and the Company shall reimburse such insured for any
(d) "land ": the land described, specifically or by reference in Schedule expense so incurred.
A, and improvements affixed thereto which by law constitute real prop-
erty; provided, however, the term "land" does not include any property 4. Notice of Loss — Limitation of Action
beyond the lines of the area specifically described or referred to in In addition to the notices required under paragraph 3(b) of these
Schedule A, nor any right, title, interest, estate or easement in abutting Conditions and Stipulations, a statement in writing of any loss or dam -
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing age for which it is claimed the Company is liable under this policy
herein shall modify or limit the extent to which a right of access to shall be furnished to the Company within 90 days after such loss or
and from the land is insured by this policy. damage shall have been determined and no right of action shall accrue
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security to an insured claimant until 30 days after such statement shall have
instrument been furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy as to
(f) "public records ": those records which by law impart constructive such loss or damage.
notice of matters relating to said land.
S. Options to Pay or Otherwise Settle Claims
2. Continuation of Incur fter Conveyance of Title The Company shall have the option to pay or otherwise settle for
The coverage of this policy shall continue in force as of Date of or in the name of an insured claimant any claim insured against or to
Policy in favor of an insured so long as such insured retains an estate terminate all liability and obligations of the Company hereunder by
or interest in the land, or holds an indebtedness secured by a purchase paying or tendering payment of the amount of insurance under this
money mortgage given by a purchaser from such insured, or so long policy together with any costs, attorneys' fees and expenses incurred k
as such insured shall have liability by reason of covenants of warranty up to the time of such payment or tender of payment, by the insured
made by such insured in any transfer or conveyance of such estate or claimant and authorized by the Company.
interest; provided, however, this policy shall not continue in force in
favor of any purchaser from such insured of either said estate or 6. Determination and Payment of Loss
interest or the indebtedness secured by a purchase money mortgage (a) The liability of the Company under this policy shall in no case
given to such insured. exceed the least of:
(i) the actual loss of the insured claimant; or
3. Defense and Prosecution of Actions— Notice of Claim (ii) the amount of insurance stated in Schedule A.
to be given by an Insured Claimant
(a) The Company, at its own cost and without undue delay, shall (b) The Company will pay, in addition to any loss insured against
provide for the defense of an insured in all litigation consisting of by this policy, all costs imposed upon an insured in litigation carried
actions or proceedings commenced against such insured, or a defense on by the Company for such insured, and all costs, attorneys' fees. and - l
interposed against an insured in an action to enforce a contract for a expenses in litigation carried on by such insured with the written
sale of the estate or interest in said land, to the extent that such litiga- authorization of the Company.
Lion is founded upon an alleged defect, lien, encumbrance, or other (c) When liability has been definitely fixed in accordance with the
matter insured against by this policy. conditions of this policy, the loss or damage shall be payable within I
(b) The insured shall notify the Company promptly in writing (i) in 30 days thereafter. -
case any action or proceeding is begun or defense is interposed as set 7. Limitation of Liability
forth in (a) above, (ii) in case knowledge shall come to an insured No claim shall arise or be maintainable under this policy (a) if the
hereunder of any claim of title or interest which is adverse to the Company, after having received notice of an alleged defect, lien or
title to the estate or interest, as insured, and which might cause loss encumbrance insured against hereunder, by litigation or otherwise,
or damage for which the Company may be liable by virtue of this removes such defect, lien or encumbrance or establishes the title, as
policy, or (iii) if title to the estate or interest, as insured, is rejected as insured, within a reasonable time after receipt of such notice; (b) in
unmarketable. If such prompt notice shall not be given to the Com- the event of litigation until there has been a final determination by a
pany, then as to such insured all liability of the Company shall cease court of competent jurisdiction, and disposition of all appeals there- -
and terminate in regard to the matter or matters for which such from, adverse to the title, as insured, as provided in paragraph 3
prompt notice is required; provided, however, that failure to notify hereof; or (c) for liability voluntarily assumed by an insured in settling .
shall in no case prejudice the rights of any such insured under this any claim or suit without prior written consent of the Company. I
policy unless the Company shall be prejudiced by such failure and
then only to the extent of such prejudice. 8. Reduction of Liability
(c) The Company shall have the right at its own cost to institute All payments under this policy, except payments made for costs,
and without undue delay prosecute any action or proceeding or to do attorneys' fees and expenses, shalt reduce the amount of the insurance
any other act which in its opinion may be necessary or desirable to pro lento. No payment shall be made without producing this policy
establish the title to the estate or interest as insured, and the Company for endorsement of such payment unless the policy be lost or destroyed,
may take any appropriate action under the terms of this policy, whether in which case proof of such loss or destruction shall be furnished to
or not it shall be liable thereunder, and shall not thereby concede the satisfaction of the Company.
liability or waive any provision of this policy. 9. Liability Noncumulative
(d) Whenever the Company shall have brought any action or inter- It is expressly understood that the amount of insurance under this
posed a defense as required or permitted by the provisions of this policy shall be reduced by any amount the Company may pay under
CONDITIONS AND STIPULATIONS (Continued on Reverse Side)
1
CONDITIONS AND STIPULATIONS (Continued)
any policy insuring either (a) a mortgage shown or referred to in and remedies against any person or property necessary in order to
Schedule B hereof which is a lien on the estate or interest covered by perfect such right of subrogation and shall permit the Company to use
this policy, or (b) a mortgage hereafter executed by an insured which the name of such insured claimant in any transaction or litigation
is a charge or lien on the estate or interest described or referred to in involving such rights or remedies. If the payment does not cover the
Schedule A, and the amount so paid shall be deemed a payment under loss of such insured claimant, the Company shall be subrogated to
this policy. The Company shall have the option to apply to the pay- such rights and remedies in the proportion which said payment bears
ment of any such mortgages any amount that otherwise would be pay- to the amount of said loss. If loss should result from any act of such
able hereunder to the insured owner of the estate or interest covered insured claimant, such act shall not void this policy, but the Com -
by this policy and the amount so paid shall be deemed a payment pany, in that event, shall be required to pay only that part of any losses
under this policy to said insured owner. insured against hereunder which shall exceed the amount, if any, lost
IQ. Apportionment to the Company by reason of the impairment of the right of subrogation.
If the land described in Schedule A consists of two or more parcels 12. Liability Limited to this Policy
which are not used as a single site, and a loss is established affecting This instrument together with all endorsements and other instru-
one or more of said parcels but not all, the loss shall be computed ments, if any, attached hereto by the Company is the entire policy and
and settled on a pro rata basis as if the amount of insurance under contract between the insured and the Company.
this policy was divided pro rata as to the value on Date of Policy of
each separate parcel to the whole, exclusive of any improvements made Any claim of loss or damage, whether or not based on negligence,
subsequent to Date of Policy, unless a liability or value has otherwise and which arises out of the status of the title to the estate or interest
been agreed upon as to each such parcel by the Company and the covered hereby or any action asserting such claim, shalt be restricted
insured at the time of the issuance of this policy and shown by an to the provisions and conditions and stipulations of this policy.
express statement herein or by an endorsement attached hereto. No amendment of or endorsement to this policy can be made except
by writing endorsed hereon or attached hereto signed by either the
11. Subrogation Upon Payment or Settlement President, a Vice President, the Secretary, an Assistant Secretary, or
Whenever the Company shall have settled a claim under this policy, validating officer or authorized signatory of the Company.
all right of subrogation shall vest in the Company unaffected by any
act of the insured claimant. The Company shall be subrogated to and 13. Notices, Where Sent
be entitled to all rights and remedies which such insured claimant All notices required to be given the Company and any statement in
would have had against any person or property in respect to such writing required to be furnished the Company shall be addressed to its
claim had this policy not been issued, and if requested by the Com- principal office at 111 West Washington Street, Chicago, Illinois 60602,
pany, such insured claimant shall transfer to the Company all rights or at any branch office of the Company.
�°�. dtiv( <.` i- A. J. : el! ". 3 . "i b ate'—` ti +' c* 1 Pf+c ._ ?�.a' 2.417 S � 1tii4' r ' .
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TAI -CO Management, Inc B °Xspen
Aspen
Planning. • Design • Suiveying • Engineering • Construction Colorado 81611
and Management of Land 303.9252688
February 28, 1973
DESCRIPTION — TRUEMAN PROPERTY EAST OF MILL STREET
A PART OF THE SOUTHWEST ONE— QUARTER OF SECTION 7, TOWNSHIP 10
SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF PITKIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT OF INTERSECTION WITH THE NORTH LINE OF
THE SAID SOUTH ONE —HALF OF THE SOUTHWEST ONE — QUARTER AND THE
SOUTHWESTERLY LINE OF EAST ASPEN TOWNSITE, SAID POINT BEARING
S 19 ° 04'48" E A DISTANCE OF 1417.404 FEET FROM THE WEST ONE —
QUARTER CORNER OF SAID SECTION 7 AND SAID POINT BEARING
S 43 °10'34" E A DISTANCE OF 12.266 FEET FROM BRASS CAP MONU—
MENT NO. 38;
THENCE FOLLOWING SAID SOUTHWESTERLY LINE OF EAST ASPEN TOWN— S 7 -
C SITE S 43 ° 10'34" E 466.965 FEET TO A POINT IN
THE TRUE POINT OF BEGINNING;
THENCE N 19 0 51'12" E 495.568 FEET TO A STERT, PIN WITH METAL
CAP MONUMENT M—S —M "0 -10A" SET TN OIL MAT;
' THENCE S 56 ° 15'45" E AND ALONG THE SOUTHWESTERLY LINE OF QUIT
. CLAM DEED NO. C -5426 FROM THE DENVER AND RIO GRANDE WESTERN
rtATIROAD TO WILLIAM R. SHAW A DISTANCE OF 120.00 FEET TO TEE
lo* r SOUTHEEST CORNER OF SAID QUIT CLAIM DEED TO A BRASS CAP MOND—
W4', ; T 14—S —M "0-11A";
- THENCE N 33 °44'15" E ALONG THE SOUTHEASTERLY LINE OF SAID
'' QUIT CLAIM DEED A DISTANCE OF 78.531 PEET TO A POINT ON 'TEE
SOUTH BANK OF TEE ROARING FORK RIVER;
THENCE S 76 ° 02'54" E ALONG SAID SOUTH BANK A DISTANCE OF
67.143 FEET TO A BRASS CAP MONUMENT M —S —M "2 -1 ";
THENCE N 84 °21'30" E ALONG SAID SOUTH BANK A DISTANCE OF
121.293 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE
OF TBE NORTHWEST ONE— QUARTER OF SAID SOUTHWEST ONE — QUARTER OF
SECTION 7 AS SAID LINE WAS ESTABLISHED BY THE 1888 CUTSHAW
SURVEY;
THENCE CONTINUING ALONG THE AFORESAID COURSE A DISTANCE OF
35.579 FEET TO A POINT OF INTERSECTION WITH THE HALLAM AND
WILLIAMS BOUNDARY LINE AS AGREED UPON MARCH 26, 1887, AS DE—
SCRIBED IN BOOK 30 AT PAGE 47 OF THE PITKIN COUNTY RECORDS AND
TO A BRASS CAP MONUMENT M—S —M "0 -28" SITUATE ON SAID HALLAM
LINE;
THENCE S 0 °11'44" W ALONG SAID HALLAM BOUNDARY LINE A DISTANCE
OF 130.807 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE
OF SAID NORTH ONE — HALF OF THE SOUTHWEST ONE — QUARTER OF SECTION 7
TO A BRASS CAP MONUMENT M —S —M "0 - ";
I A 11
E y N7- a LI 1 ti
A Subsidiary of Trico Corporation • Offices throughout the West
Page 2
THENCE FOLLOWING THE NORTH LINE OF THE SOUTH ONE -HALF OF THE
SOUTHWEST ONE - QUARTER S 89 °30'31" E 184.400 FEET TO A POINT
OF INTERSECTION WITH THE EAST LINE OF A PATENT TO THE DENVER
AND RIO GRANDE WESTERN RAILROAD DEPOT GROUNDS DATED FEBRUARY 6,
1888 AND TO A BRASS CAP MONUMENT M -S -M "0 -36 ", SAID POINT OF
INTERSECTION ALSO BEING THE INTERSECTION OF THE NORTH LINE OF
THE SAID SOUTH HALF OF THE SOUTH WEST ONE- QUARTER WITH THE
EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 7 AS WAS ESTABLISHED BY KIMBERLY IN THE 1882
SURVEY NOW SUSPENDED;
THENCE S 0 ° 52'26" W ALONG SAID EAST LINE OF TEE SOUTHWEST ONE -
QUARTER OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 7 PER
KIMBERLY 1882 SURVEY AND ALONG THE EAST LINE OF SAID DEPOT
GROUND PATENT A DISTANCE OF 109.669 FEET TO A POINT OF INTER-
SECTION WITH THE WESTERLY LINE OF 'THE CASTLE CREEK MILL SITE
CLAIM AND A BRASS CAP MONUMENT M -S -M "0 -42 ";
THENCE N 16 ° 40'00" E ALONG SAID WESTERLY MILL SITE LINE A DIS-
TANCE OF 9.381 FEET TO THE NORTHWEST CORNER OF SAID CASTLE
CREEK MILL SITE CLAIM AND A BRASS CAP MONUMENT BLM 34;
THENCE S 74 °34'44" E A DISTANCE OF 141.300 FEET TO THE NORTH-
EAST CORNER OF THE CASTLE CREEK MILL SITE CLAIM TO A BRASS
CAP MONUMENT BLM 3 -6;
THENCE 5 9 °21'00" E ALONG THE EAST LINE OF CASTLE CREEK MILL
SITE CLAIM A DISTANCE OF 412.461 FEET TO A POINT OF INTERSECTION
WITH THE NORTHEASTERLY RIGHT OF WAY OF THE DENVER AND RID GRANDE
WESTERN RAILROAD TO A BRASS CAP MONUMENT M -S -M "0 -45 ", SAID
POINT BEING 50.00 FEET AT RIGHT ANGLES TO THY. CENTERLINE OF TRACK;
THENCE 5 43 ° 07'30" E AND ALONG SAID NORTHEASTERLY RIGHT OF WAY A
Ip. DISTANCE OF 89.097 1EET TO A POINT OF CURVE AND A BRASS ('AP MONU-
MENT M-S -M "0 -47 ";
THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY AND ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 309.26 FEET, A CENTRAL ANGLE OF
43 °16'43 ", AN ARC DISTANCE OF 233.601 FEET TO A POINT OPPOSITE
THE CENTERLINE AT THE END OF RATT TRACKS AND A BRASS CAP
MONUMENT M-S -M "0 -48 ", THE CHORD OF SAID CURVE BEARING 5 64 ° 45'52" E
A DISTANCE OF 228.088 FEET;
THENCE S 3 °35'47" W ALONG A LINE NORMAL TO THE CENTERLINE AT THE
END OF EXISTING RAILROAD TRACKS A DISTANCE OF 100.00 FEET AND A
BRASS CAP MONUMENT M -S -M "0 -49 ";
THENCE ON AN ANGLE TO THE RIGHT OF 90 ° 00'00" AND ALONG 'rte; SOUTH-
WESTERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAIL-
ROAD COMPANY AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
409.26 FEET, A CENTRAL ANGLE OF 43 °16'43 ", AN ARC DISTANCE OF
309.136 FEET TO A POINT OF TANGENT AND A BRASS CAP MONUMENT M -S -M
"0 -50 ", THE CHORD OF SAID CURVE BEARING N 64 °45'52" W A DISTANCE
OF 301.841 FEET;
- .
( Page 3
THENCE ALONG SAID TANGENT AND ALONG SAID SOUTHWESTERLY RIGHT OF
WAY ON A BEARING OF N 43 °07'30" W A DISTANCE OF 66.663 FEET TO
A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF CASTLE CREEK
MILL SITE AND A BRASS CAP MONUMENT M -S -M "0 -51 ";
THENCE N 73 °55'00" W ALONG SAID SOUTHERLY LINE A DISTANCE OF
41.319 FEET TO A BRASS CAP MONUMENT M -S -M "0 -59 ";
THENCE N 16 ° 38'42" E ALONG THE EASTERLY LINE OF SAID MILL SITE
AND ALONG THE EASTERLY EXTENDED LINE OF QUIT CLAIM NO. C -5795
FROM THE DENVER AND RIO GRANDE WESTERN RAILROAD TO SARAH B. KAPLAN,
A DISTANCE OF 81.345 FEET TO A BRASS CAP MONUMENT M -S -M "0 -56 ";
THENCE N 73 °21'18" W A DISTANCE OF 272.00 FEET ALONG THE NORTHERLY
LINES OF SAID QUIT CLAIM DEED NO. C -5795 AND ALONG QUIT CLAIM DEED
NO. C -5796 FROM THE DENVER AND RIO GRANDE WESTERN RAILROAD TO
DOUGLAS KERMODE;
THENCE S 16 ° 38'42" W A DISTANCE OF 90.825 FEET ALONG 'THE WESTERLY
LINE OF SAID QUIT CLAIM DEED C -5796 TO A BRASS CAP MONUMENT M -S -M
"0 -55 ";
THENCE N 57 ° 38'34" W A DISTANCE OF 10.54 FEET TO A BRASS CAP MON-
UMENT M-S -M "C -4 ";
THENCE S 84 °20'26" W A DISTANCE OF 164.743 FEET TO A BRASS CAP
MONUMENT M -S -M "C -3 ";
THENCE N 87 °30'34" W A DISTANCE OF 88.957 FEET TO A BRASS CAP
MONUMENT M -S -M "C -2 ";
THENCE S 14 °29'26" W A DISTANCE OF 75.829 FEET TO A POINT OF INTER-
SECTION WITH THE SOUTHWESTERLY LINE OF EAST ASPEN TOWNSITE AND A
BRASS CAP MONUMENT M -S -M "C -1 ";
THENCE N 43 ° 10'34" W ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF
408.899 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM;
A TRACT OR PARCEL OF LAND WITHIN THE SOuTE ONE -HALF OF THE SOUTH-
WEST ONE - QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST
OF THE 6TH P.M. AT ASPEN, COUNTY OF PITKIN, STATE OF COLORADO,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION WITH
THE NORTH LINE OF THE SOUTH ONE -HALF OF THE SOUTHWEST ONE-QUARTER
AND THE SOUTHWESTERLY LINE OF THE EAST ASPEN TOWNSITE, SAID POINT
BEARING S 19 °04'48" E A DISTANCE OF 1417.404 FEET FROM 'inE WEST
ONE- QUARTER CORNER OF SAID SECTION 7 AND SAID POINT BEARING
S 43 °10'34" E A DISTANCE OF 12.266 FEET FROM BRASS CAP MONUMENT
NO. 38;
THENCE S 43 °10'34" E AND ALONG THE SOUTHWESTERLY LINE OF TEL EAST
ASPEN TOWNSITE A DISTANCE OF 875.864 FEET TO BRASS CAP MONUMENT
MSM "C -1 ";
THENCE N 14 ° 29'26" E A DISTANCE OF 75.829 FEET TO BRASS CAP MONU-
MENT MSM "C -2 ";
THENCE S 87 ° 30'34" E A DISTANCE OF 88.957 FEET TO BRASS CAP MONU-
MENT MSM "C -3 ";
THENCE N 84 °20'26" E A DISTANCE OF 164.743 FEET TO BRASS CAP MONU-
MENT MSM "C -4 ";
Page 4
THENCE S 57 °38'34" E A DISTANCE OF 10.54 FEET TO BRASS CAP MONU-
MENT MSM "0 -55" AND THE SOUTHWESTERLY CORNER OF QUIT CLAIM DEED
NO. C -5796, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE
S 57 °38'34" E AND ALONG THE SOUTHERLY LINE OF SAID QUIT CLAIM DEED
A DISTANCE OF 88.623 FEET;
THENCE S 67 ° 30'34" E AND ALONG SAID SOUTHERLY LINE OF QUIT CLAIM
DEED NO. C -5796 A DISTANCE OF 36.88 FEET TO THE SOUTHEASTERLY
CORNER OF SAID QUIT CLAIM DEED;
THENCE N 16 ° 38'42" E AND ALONG TAE EASTERLY LINE OF SAID QUIT
CLAIM DEED A DISTANCE OF 118.58 FEW TO THE NORTHEASTERLY CORNER
OF SAID QUIT CLAIM DEED, SAID NORTHEASTERLY CORNER BEARS
N 73 °21'18" W A DISTANCE OF 150.00 FEET FROM MSM BRASS CAP MONU-
MENT "0 -56 ";
THENCE CONTINUING ALONG THE AFORESAID COURSE A DISTANCE OF 8.42
FEET;
THENCE N 75 ° 01'18" W A DISTANCE OF 129.012 FEET;
THENCE S 14 ° 58'42" W A DISTANCE OF 94.346 FEET TO A POINT, SAID
POINT BEARS N 57 °38'34" W A DISTANCE OF 4.377 FEET FROM 'THb
SOUTHWESTERLY CORNER OF SAID QUIT CLAIM DEED MARRED BY BRASS CAP
MONUMENT MSM "0 -55 ";
THENCE S 57 °38'34" E A DISTANCE OF 4.377 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM:
A TRACT OR PARCEL OF LAND WITHIN 'THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE
84 WEST;
THENCE NORTH 89 DEGREES 32 MINUTES WEST ALONG THE SOUTH LINE
OF SAID SUBDIVISION A DISTANCE OF 184.4 FEET;
THENCE NORTH 53 DEGREES 35 MINUTES WEST 335 FEET;
THENCE NORTH 1 DEGREE 15 MINUTES EAST 100 FEET TO THE TRUE POINT
OF BEGINNING OF THE TRACT OF LAND HEREIN CONVEYED;
THENCE NORTH 7 DEGREES 45 MINUTES WEST 154 FEET;
THENCE SOUTH 18 DEGREES 10 MINUTES WEST 324 FEET;
THENCE SOUTH 57 DEGREES 47 MINUTES EAST 36.98 FEET;
THENCE NORTH 27 DEGREES 21 MINUTES EAST 197 FEET TO THE POINT
OF BEGINNING.
1
r ,_.
• oa.
•
753.10
r - ,..... ,
yll•d for :tied 19a<ua14 14, 1571 at 1:45 o E4 , i
431.4140) a.dfytlA Its. tU95& Paget r. Mlklech, Mcor; 4 2.ce p /�� :�•
•
h s0 431.4140) swap aa ?8_6 _ _•
PRIVATE WAY LICENSE
•
• THIS AOEEEeEeh Magi W stag st Maul. 14th a W ., April Awn 65 ,
by tw. awl he T7 al
E DM= At1D e GSAEDE WESTERN ICarom IJeACarom • saaMaa et Me Mao se
DelaDelaware. iawa haaaa
hee also Um u. l s a W
iaaY panty OW pan. W GRART AND catcatkin*, A,
Colorado corporation, Mailing Address; 526 Hiaan, Aspen, Colorado,
4Yeltafter failed the "Men ne s W stood part:
•
14777127,22 That lee Lcaawr. be see M consideration of the covenants aloe sweetmeats Was Wetae Genes .
contained an: open the terms and wnnillonn ketelaa:tn eel forth. hereby 14en... one yenalts the aawmeueq
maloto4ance and ute of the private way or privet. ways bmMafne dna b.4 lhenaalln oIa4 "wrote war) woes
the sad Atha of ray d cape to Issas of r
of Lice . aa btm .pueed, to win:
A 20 -foot wide private access road encroaching upon
i ''S, the property of the Licensor at Aspen, Pitkin County,
C
`i Colorado, within Lhe southwest qu of Section 7,'Ybwn-
�'� ship l0 South, Range 84 West, Sixt Principal Meridian,
a described as follows;
yC
Beginning in the easterly lin of Mill Street
northerly of said Licensor'. ?,C. C Track :.o. 32 -RV.,
g opposite Mile Post 401 plus about 1560 foetj thence
6 southeasterly parallel with said track and on curve
to left to a point in sai Licenaor's northerly
property line opposite wi Post 401 plus about 2010
y
feet, as shown in ellow o n the attached leap So, A-233.
,
T. License 4 expressly condttb nw
twd epee the performance by the Licensee*: al: and Wainer Ow W
IJ
yeeemena. bnnuatet ✓t font. to be b se t• L area kept a414 pc:Lamed. each of sale covenants and agreements
bag 0.eeby mode • eondIt,oa: and It Is oho bmbY 011Dalated Watt • widen by the Lamntot of any bream of 34,
ewodluon shall In no way rmpalf Ma tight of the Lama to amyl Welt of e• aub,pumn breech .1 W al et ay
other tonllc0.
PZ1VATE WAY ✓ •••••oner,.I4 tens le employed bnln, Nag. MY •wt. 1w I for Pedestrians. eeIelea
Implement. and we stock, It le aapeaiy stipulated sal the Wive.* soy Inc 0. • adctlY p1v✓e w W a •at Its.
Madge far pudic uea
For use of ingress and egress.
And al4 term Nall Include such grading. approaches. planking. ditches, (btu. Mine. drain bowie. culverts, cattle
:roar:, s
fern are fencer. gate. with p opal I.Ina e an4 :vm W l
hn, rIgj of ta4reph. te:ea.aue Ann Wpm; one.
I : . r r p e r ... arena..cad such a reay 0.14 sign post and stens end other safety devices as Mee a the ;annular
',. I, L Lu:y e. or by Ilia L.wo pe. n which may now ✓tangier •he prefenl.d •W reamed by say ten. Sate or
lade
',. or any der u( an ineer or ..gYaloq 004.4. State W Federal, leaving iuriWllIoa war otitis calbite
The :uregolis Ilona Is wbleet to all outstanding Iupelor rights Iael,dlnt those a favor el w telegraph mad
a
telepbooe conyaa lean. of said riehl <Iwn d re
e others) d tee right W Lnnn a the r natty .caa 'Mead W
• to Ltemv. c e. to pay In Lot I.Lckli.t, le advance. .ch sum CI none) a msied to b. 3 .." S
Mail Le nem.mry to coniauct tech wain 11 of preatt wry J IM1 meaty meter l .
ot4 Nu tar, fatiatioa the, it y d 00..4 cktall l b0 ( d.L y.tb0T t obi tint fql le mrtVUct
tate ,!:vale ' y the Ll a' .h.l furnoth Ietlal of Ion AST= 1 {n ivel. m at ML . cad a time
Lttn... '- d �,,,(ynelfpf - I ✓ y k
pmacum. of i C G d aud.n:e t h L If t .. 1 1 be a d. cad by t 'Acne. ens kiCtili
rret M ry TOF d • 1 a to ent coven the enema of work dose by t1; L. oaooe, Yin Lcnisn aW pay such
2. The ueenn. at the sole au an4 evpetue of tee Liman, maintain. .,g.4, and mymwel. %N ✓v✓
ua am ft-Tared when ft-Tared w ado by the unm ge. i
nq .014 waste way a... t *eye. teneneea m n watt aotd. w
c
•■ ty y
✓A lb =Sass a11WtW:y w tee Lteasorl pod •t all Limn Mop a[W pow .. 447 M • good .aM 04 ay4:
•
ft
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f, . .
M
X.
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t 4
o
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•
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25w3 -tog
•
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G
tea b....fawns. elan haul INri(IIL If It soiled& at uvlime. though amp we UM . w4lew
wotanhoe
to do ma 4 us
make nervous"' « Wni.•r repairs «b lnraWUn said pr cur y * 0Nw .W h W ohh : %4 OI
• the Lnwr Le canna na4 p and twarutwt and N the event w« at any ra•r u 4'
Luce y ip private W L po
way. ague Wok u0 breeemaWO, of etl:me•1L advance met sum W money al W
L ' en:.1 may deem ore wary t« sorb mad or from fueuun. oe main bill thug mothered 14 wort 4:ee_C! ems.
We themes Lu.0 reimburse W Lonna for W east W such mirth or • ,04r.1Urm. The optioned Held OI W
Lr0Oaot to n *4* remora or N rewmt. t said private way Will N m r" . an or Ce :rw relieve the IY.nxe Irma
s N IM L` eeth or to other person or torpor U *S for the olure N W laeenue 4 properly thaw •
Wm « wWwwWwi acid PelvW we:. « mar almcuto wahIn 0* Liana* Kith. 4 sZoe414 N maintain or 1.
A The Ilmh4a. at W t4tto«ei emiium dull keep W Nn :ewayl at said private way Caen that five tea
a,L rocks and ot4or material, ar4 Will not foul or perch: the bowg of icy track of the Viva'_ -, « perm.: ivy
aooylym LUMP *all Ninth* a'14 the safe opesetb0 of l000samvse. ea or nth rb private win.
• 4. TM licathea at twea tO pay sag W patina hnaiw loathed.
W IJeao. Y sdwwce, W w W 25.00 .4 mo[mtauw S
NC 715 -R /78 - cps. o0
A It at icy the after W l0dslLllu of said What* way. any saw, Yea or PMe41 up off « aeoatay
board or eammnaloa, date or Federal. Laving lorbdl[YOn. Nall w W thy any Manama Ounces or k:.WUVemeo4 of
Id private private way W of rte a4pNUnn.NY; herein defined y malarial a u
le:u4 Wecu :nth nto er
warrants. W Lithe shall 4 nwYed. maintain*. and operated at the sole *1Pen« of W licenseelicensee. 4 aura
ovided with respect 4 mMntn.00t repair. tammtru[tim, cu. u paragraph : C«eW.
4. The ILnnW shall cot ether upon W Premium 1 na
the pUrpe of mnu 4100* b private way nee to the •
Pathos. of repairing « renewln: be 4. without al aton writ Peeps. or permit last Ina d obtained Imo the
Woes«, « the Limn/iota dm= authorial a:m4 except b cues of emergency when Look i ,•ao
neary to assn Y.:
or ma:
6.e 4 property 411 04 of communion, maintenance. opereuun or r*wnuuetbh shall be done by W
Liana* W meet manner as to mica no Interference with the romue, continuous and oNleemP4d use of be Leda
and properly of the Licensor 40 to operation. maintenance. renewals or ?Duthie saw cumuunba by W Y«naa.
7. This license Wall not he deemed te give W Licensee exchmive po eaioh of any part of W Wemuea
draa110 t . bat e Laconic! au Path unu5VOreed right In retain a track e! backs a no+ and upenrad
d: the place of constructive of such private way, and ethic: Will be done at sun erea to be done by the lino* at
any Lae that Will in any .Hamer impair We uefulmu or ..l.!y of add sack or tracks of be Wens— «.d u.7
track or .mpmvemum to be hare•fter constructed. TIN Iaer s« *Lath have the right at any and all bri heather
to Commu14 .a :men sad operate such additional treks. 'W m
nut and ImP aenm hero Id {wale way
u to be ttmtu.¢Wand 0 u ono W same. o t M1 may em time to *LU *lee: and N me any ehaq. at any time
In the an.an :eneoL w at ictioa or Dan of We Lan.r'a tracks. or in Case of W m0dtucuua W any buiWny «
lnprovema.us by :. a Liftman said pn1W way Wall be altered or aoWCV removed by be licensee at the sale ,
Ah4 *axon of W 4mm*h N with man«t 4 may be necessary to mrd«m 4 W %mekt CWldm.'y a
Improvements of W Lemaoe a so clanged altered or Iml.ave4 and It W Lana. null fail to do any d the
things N Wt Pvkpap* 4«n «N*L W licensor may door cause W same N W dote 4 W cost of W Leoue. •
l This umay* worths W entire W odes ath duty of keeping W gates at t14 private way bead wheat
•
1 not In u:c. and the sole duty ape bard. of preventing s* W ?dilate Wr
we of said pate way by y Pe ,gams 1051 1s.
Puna other then those mentioned herein f« ho4 Wrcflt 414 private way Is LLnCudm .ad a Y
for daha:e 4 « do * 450 10 Of ProleSY. b Whey b Or t de.W d ppermits r 0 n: Dora the W.vN
uu use N W
E,` win' We persons other Lan hoe bee
for whose fit 4 private private way is licensed. m !eau :u.R from Um Lithe on the
port a the LcenW to W at
kap gm [bud and locked and the al4 private way gad el: of 4 LoauawitO^t ors in
Ws co wa.
P. TM licensee shall at at tows pm4n. lo4molly and Inc harmless We hkeme torn any and ell cLln.0
demand 1jugame . oast. fawns anal el damage of every kind and nature made. ervd or Incurred by o an
W aif of ray pawn or corporction whatsoever, in any manna due 4 « Wising 0« W any Wary to « death A
Day Nnora or damage b proputy of My person « a
pns whanuoev Including • bathes hereto ad their r
m
ol uara Iamiva e u ants and employees. 1a any mama sd.r ro bona 01 « gaowmg out w the Conan; Woe. maim s
'Luen. reM exensio renewal, enatenot m at d pa4 wn4. « the fat :us. p
as pro
• y 1 i t maintain. x *ove W e 4 f 1.41 said nv
e d
II costs d f •w'a 1 d attorney:
d Y it. mee m
a
n and things contained l Ude aareetpent. \ luh the right of thparsbaon
0 1 1 4" oft M✓ ion. 1 al4uon operation d the ha: of Id p sate th rw
cLi I. Wu smith nog the 4'WU..I « failure dl 1'WIO la
: O w Co
LY II L NNOLothian, t We
,ice to rto repel: W aN is ay, bed new ti. election a waiver v[ u of th b to mna Lie. on reconstruct 4, whole as
or `w_r r Pan t 4 4.W: 410 private wf horn !m other *ba gttm or no agre em e ent resting Wpm add Liana.* Ice[ ls
pa a a e • nth... th.nfm e n Y '
k* 10 . If us. 1. a mm.Y s w thread t 10 I 00 h
0 u .. ame 01 t b bm e: mnmet, operate, repair. b extend. renew w row w P
i t feu t vay
In L medonm w Wleonu o e f r the a to b* m won, re of Ow Lanier. 1 wail feu w ,
I. 4.: Licensor a.y Money y It way mN7 change s s rra a. de by the la «r.erai « removal removal of s p pec full
* o I vY.
4. W o.a m too t e Gad private y 00 . P dw.a mad 1, the u a L <h. a « a] in any to : n u two
by : a hem u. W be ... , NPULLU.1 mvmuau f L
it * W.0 e Vold a * ' Ir be bat a: 1 ammo**
by u . .p' usv a...............: a uo... e :: .1 the L re of eve . Leereu W vote n6 ' effect: r m o w pnv s a4
W ain n •. ..am.. 0.4:1 have the at t e sole an e o r va 4 ne h" for right f ad
a end N* :
t b at i a am time n thereafter thereafter thereafter on w *manse beam me o
way de. my Nr1e be s hereunder und msy
• . rhe a n without micro 1 : n In nonce p em not (Mdl it known be re s s. c dy a bathes/ k r l tO L a e l to W L«na4 0 lie lit[ known
II ma N a theta"' properly sump.
address. cord a 46g * 4 Y /Mat St the that Oath 4se4t m W pIW when {W a14 private way
Is locate..
11. ]omuM of such private way for W p*epO.* foe whirl It win alit I ma1:Hod. mnunWm et thy-
lane Ile the period Y ace you. shall wwu44.Wnd4meu of this hawse. Yours a aWdm4 a lard. tK
•
5
•
4.
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1.
•
`4
•
2c3 - 1 0 9
•
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d .ey rw9
Ten (10
/. b.MO/En/ M/lntle *`-..014 N. tN been. n and ..rowan N1. rt
.rowa.oWn flail law and *Peet ants tonal.
nn•.J 1; natio . n.Wk awn. 17 `.,Ear party b on any other party n len 10.4 n tuy.:n eavena. a are eau ed . 1.k
ltnnuudd..,n: b It le undone MMM VIMIf et 007 Woe lM nyaeniaae and nper.WUt 0: said rivets hay shell be wen✓
id
th
au* boa e 1W by ans
the Jen. el We bat el way fee niYUW pa a Ube bane . 4 kawwalt0Y as
teal
11 Within thirty Lays attar IN untInallw. a 04..nno.ot howsoever. the /team..*1 lines'. sots sots tape
rhea. the e 11 en ea . the lkp renew ene to 40, re Wn .yd l.nv.t* w.v .!. - u .ne ad eppnl6
e a J a -
4^.. and .0 od av aed uaw a W .. con.uucIs4 a nnecL: w 'o n
11.ld ;rive , r , .nn ams. tr.. arum. e. the
/tensor, inthafog alI nCLtnlany keen to • tan41',.o wyc3 wvl be sau'1eenry to the Laeoeo . and „Id amp Lanaee
olio r W du. of Leeman au/ do sods work el removal end u. r
m.lat shah 01 b t•' W +n Lanett u event
ent
of W nmovel of Y pavan tray WW W
I. males presided. . Ltenser shell one Et thea4 00 We ILCenr. Inc W.
ar slowed by lacuna* for ot es account of ruch removes/ and such removal sh not p :n a npa
.Jud llr
*au g
V sour W W
et somau a o therva welch Limner er ma one. u4"4 • 1a /tattoos.
n It is understood and agreed that the Liconsor'a lessees
shall have the right to use said roadway and Licensee shall not
cause said roadway to be blocked so as to prohibit its use by
other authorized persons.
Il Te connate. ayaatla. — —aWsa At Mb *rsa nt /hall ar.th to and b• ulnae( open t0.
]Jame la aM.un and ...gat and Will statist ballad be Weding upon 1a Llama* ad W h.Yt admu.:Yrataa
aawvtaa sucenhn sad 0..1 of to Jana* les to context may thmW. ad the term •linnet• 011.4 lama
Nam be new m bonus suck perua topatanale. or mrpor.tba as an maenad h.nls mat to wooed part
70. faunas WWI 1.1 bola Ihla Yana Or sty Interest W.na dha{y Or ydleeapa ear SWIM w 1.w
wWaa the wata0 taunt el the beam, She lath as .buW.L
w
eet W Winos.
W Wan loos ben rind — ;nano is M den' *waled the W W Naar
TIE DtiVII 1710 110 ORAN= WnInX
:.\...,1.. .Anl,sn COMPANY. J*.at
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ATTEST, `
e `
llII President
esefetary
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: ` / SEC. 7 n4 t - e D. & R. G. W. R. R. Co. /
T.IOS.,R.S4W. ASPEN
/ r.,. Rifkin Co.,Colo. 1
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r.... as Neeeptioa .e. 104724 - Pegg: 1. Coble. 1 ( _ . `
e" "' LEASE
ms A a od VAS 2110 OA t1 b I y ,.
71111 Dint* AND rt Ns W r GOAN[la W1311(.1.31 RAILROAD CONr. . . sten td .a.
a O amnia, SI SI a
• salted Setae %adltrtaad 'it a . O pd d s =94 sad Y L Welt. Larld.alt le eat Ad W2
*yca (1A, s Gea•rt+areaalr ae.ror at *ILIA L /any Cola.. .fr. sealed tame wmfeevR rya
{ L ter..,+ sentersta • W rat r M rat ea IS .. r d M k 40, .. S /realms miner W ry Ca et T11kta
ate
19 , .f. csnptlen As i ngiiar tweet et Ltl Wrl pat +t la - r.Pr et t . l;
swtdlsaa'arl7 st a Ito 34 tat .atbratal7 at I.
era at Asps, talwido. parallel the witerlia ad aid .+wor4 Ansa Team
rtl .. , tow and ab tl tat w ab ee tllred la red w lay
Iris 0.5 b S lad abort a do feu. pt •
� w. SO�r bleu attaalaed W tade • lard barest.
I rm : d on err w � .. n . ' both tae,!._ a 7,1.44+ 1r 1914 SW
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3 R s * ,00. '• ant s • : •
i yam . I r_ ass=
Won fnosllr
Ito.. at r nay 4. a our . M e. M pets Oda. W OS Orr .... -- t total w .rod non W •
any wade tat r O. I tl ad .. t aid lay I a f
Lane. 441 W earn r be ann. ti. W Salo sh b I1. r 1.Y ra .
1T r.� y,+ a r W rim a u_M_er Apr sad fee es tame eat
%wtywat stamp
1 4. laMwr.Y —IA " an mean Sr1..r..r ales the Sal Pry resin m'L W repot 4
1 d ill. i....t r11d.d dear. near. {W W t'1* W yr. d a...a'..d.. be eclat a wan r
Lrer .M W1 en Iareareab YW Warne M a.I.YW era wan W L L. r W MW.tb.
1 Lan. Any Irpw u w.wu cad or plan V.• meld sell .6.O et err .r . . I W YM W bane '1. ry
1f7 a. property .f W Lasr, wbj..t to W .oms'ba Wheatl steak pwwld'i non. tW 9. a W M.ml..aae a
bent le.... Well W-. folly paid W net Wei. nand W .WI Sell an t v. ^s1. Wtll.ily kept sad
. terel t La '.
1s na n M Lessee rY awn sea Ima w se ..4......" !.r (WI
meted a
? Plod upon uld lanes by ..t' lama .d n.... ..rd p..wlar a •. +a.. WW'- L.... sin WC tf
1 I
f. be en
lan...Wl W a 44.111 , a r l.ndwttee d WY Ito. Waa.gr • a 1• .w� 4 Lae ..se `
WI t oor' , M may. removed na. rte wend by f
f W u sole said Imr•rura4 .W r rprW {two my tar dews W naow W raw and pert rY
amen te aWIwtWly W.a Ines Atha at W sa d lessee neat say WbWy Wrest. f '
I • 1 d M Werra
W lr tine I
.54 .p n i ts wee n4 dated rate.. ad W rtes. tS.d red W r alters Wet
la dm at of stratums
the In t tamer es nary r V1. tTDI
d the Ira WOW . epee, .. W t fa ma for es tear.` W wMr+te u W e4ipd 1 Span, than
1 L
L find' _ e m yew .t ant tlat t a tea rV wan ' . tom elan 1.d leery n Jess ` .
✓ d sew d W namable namable .rtalal aWa M HM W Ire... W rW 4 N. ,, r{1. W awaar u 1.W/ a,
MSS ( f. W.. W a.nYU.rlr. awn and mot r Ito. 1. wall die W In rela of WW, ad ;T .
. Weever .NNo. .114 peal... i .l
e - L /yy..oa. -1 n w .pea d a pee a realms W W Old Sal ..ve,.l leant, a amt, a parish In : s.
a amt.4 any S.W., near Wes dz (.I fat m LL. ...nrl it a , n van, ..•.a W .r with the etas
^' 1 east a W t..1... u' ^pt nth! mew m.1 weal. at Ire'. raw ,. u .t
. .a „do.Ly dell rb.aM 1
IMO can MJ.mt lo oath proc._a. rush.. YAt ..4 Mtlw.. ea. Sol u . a. Nr'1 M i _ and fee the an b.
4\ .odes sot era no W ttl td a W Inn. ..0 th say Intl
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bet.tt. w Www. te.Ob tor YOrr _t• pew1.. tetra Mot tart
ra w 1.SO•d..rdeaw go eat Oa MO W .nn. .Ob .D w . Woo
a. el warm..+ s It tido MS.
state 1 r W y tatene tow w.4 la ape. ' wooly
LraN. Leeele. bale. a.e�.,. flea( Nab
� e a Mandel us+ow -art 'aid 7x41/ b woo boo o w.r.R w Ore , .. . .r. t w War R. YOe...bi. Thad .aayaani WOO w theca raatoath Swim MOW toolobir. .Yd Y tl dedeidty.
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by t. Maw
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Dot 1Iry la..,' Lrtier 14..d la t..t * 0 M tb W tt see ..' M d Insets r titter .r ..b.O.t
c W PISS 4 O.eatW MMf Cad.,. der Y wide lade wlMwer r 0 Sol .t w .der w
4d..�1 Yw ..W w i. .fl 4elrl W r rbl.l -
11. 11itr h.InDi._m..t pots i. t►Olwti.lobo Y..I.. wwiy..W Wlw.r\
1. I.d.►.b�tb. b.r •O� Y wd. de beeN—..l 4lw.rr ..t tr. aw e.d ... .
. MOM air a..w.Y l... Nbw..wew w r.bwt.W robs robs . swam Ma w
tan M...Ire. arum .n. t...I.in, awe 1nr.Y. wet hammy/ last M. W
d lapty ia a t .r•d rMVV W1.NfwW Wt••r1..waw..w.rw is Waal all many ego
I: ,i
u MYrlw -Id r V n2 .. n.11 :P.M 1/al .MM /w4 a../ Mehra S.S D s hoe y t w Y... 5 thioattlet
O .1 lb*
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by. rake: tWVOW) . 1V... t to b ltd tr ..1dra.trtlw lnl.4rr W b. WY
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ry mot olbe W L....a f
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1L Doleell JI r alt SO r si. m r W .o..as:a blot ra.l.r l. be a ! ere Ilan rd
wtra.4 r It Lees Owl obtain W Woe l.wkea w 1. tort a:. n halal 1. t Wt w.ri.r . p►
.ON by taw t.4der It SO r load 'Wolper m. Ma wet- *be d �'. o i t t..
mt...lwyl.W P. N. .. old oor 5 . o w .. mgaL
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hat r wq m.rrrey r r On, W der L.. w .i. Se mom w Lam L r wr W ets..
W W .W w..tl...N• le rooms W wW legit. Mew real
IL NW --day MMe p... by Iw to Iwo. .W1 be rod r b.r a waled MW. Yell be W
4tlwNYIs ..roetirw.'. .S rNI..I.d w W Feria
lame r Lewd. log Iowa .Yet.
14 d.Y.r 4 al 1.NeSI-7b idea .Per M to tin der pews to W pert :%w..4 r nrla.
We Ito r soy hawed .beta welt M W with W mitts .root .t W Loma
17. Meer..o -O.W a.rirmd r hotshots p14444 IS Yr WO Yon to r. rdO .t W be N.►
Ia. won W I.e.I.. berate W that a...Ow isa. eztettors, ad1.W.Mw toreoro.. a - Silo
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Pitkin Co,CoIo. ` \ - / \ t
SccI.'P• 100'
1 lane N •'.�� , / \ . � „\ "
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mo^ 'C!a' f a goers H7ee 1M Mm • oe per t.M1. 1AM lieu — — stn we err we w w— i . .
r C6. tee telt w that pee rd two It •
ea! .a Nis M n 1S of the Ilat,d Woe, ar {feed•, far ' sad hat it- •IGttr+.f eat Hoe
. y ••..•.y st t . t a e[ tie [ir.lee lister the tnWt! t . '
i t•f'ta attt + le teed •riatimme nth , tatlas its• I tna-:d a:t sell e s rat t' t'
t
�- � in v e e r . . .. yn Fri te •el the rota. roe refuel brat ya. due ints re- list y
. ; • ertl 4a et .ens tat *else I strut to thaa• tore attire tTT— wen e:ed frt•a I
' ri '.t I &Wired yea fat feeling Inn enroll: pnetrty w s
s worth balder•. Les. anted they
• • t'= ;&pram wc.s to •rrll.e ow the gene /e.tnr ens w to the ear of • htrae sale., 1 - -�
Save witness 4e Ws .ftM
Ova .r1 yule: t, 1 .:r
. It t time you . ycn wife nrd tee Tlttivi. I told pre test Pratt trltrbr a .1 Iasi ,
let Us cc f ✓.11y Wield to earl much 1a in 4. yenta** of the Drop•rty r' y
welled r
.T•rry to th n
e Tar, vitboat tottats within Mesas after the ltatlat was to *fteet. also 4 1
satyr *hotter stty to e+nteet the •ute.t n
t.d toyer and * advised 1.t was tit eel. `
15. In to -eMtt4 , at the region of • friend, I triad to tell • party to singer without without 1 1
•ustue, end w•• on the ray to the pest ofttt• with • letter to the Denver art T when you ll ai
i;notated ;notated me with the prerpoaltioa that you dlda•t wish to sell. you t
to eve art 162,250.00 because I thuu,cbt 1 bed tar property sold vary goon. 2e feat 1 an
/deeply rn,toer.nt t g1nr the ',lets myself, or possibly with • partner. Mow.t.r, I 444 Mat
rj u.ournt ran rleht under the etrwameterame, thinking you would probably wish to alt bete
;too lone to the nttw..
1,., t coupls or days later a tMEnd told me that you Were selling. to Tt*Stfsr. 1 didn't tel:
11. w. It tut w N r
et out and confronted you, stating that you would n to pay to the lull A
leorvl.alee if you std sell .red that 1 thought 1 should warn gut to Ingo My for og d.nS ea .t to that eiffsot,
;that you were selling and that mr, rr.trr.r had simply C
Then •- ^t r•r friary! t•.ld e.. that au had probably wade the deal and today I ear in the 1 1. I Asr.n T1nn that you had sold to Ffetttir. .
. CT. Therefore T hereby rive notice of my interest In the below captioned tercels of lend nor
a 1uun.d ty 70u, nks Lot 20 to s•etlon 2, Tip 10, Lot 11. in Sao. 2 1 end part ilia allo 1
I see. IO lot 17 3 in See. 7 ndd lot 5 Sn Sec. 11, 1„s 7 477 A. to John C.
µ9. and al' the above gro located In TWP 10 S. M, d5 W. of the 6th 7.14. Alao • treat
lot land coot wining about 120.3 A. located mostly in the Y,
o : and 5,W. is of Sea, 9 end tin q
'WWI of Cvu 16 au.: all 1.t. Ir. . B5 . of 6tt h Pg.
•
d, 1 demand that shall be paid the M w
bt•na• of the commission in amount of ✓ or M
the Friel /ego to buy the proierty at the eoptrset price and Ulan, to Fri•dl Pfeiffer or any j
• buyer to whoa you have riven •n agreement for sale, or reserve tar option of both tar _
curs•alcn and oriel/en ca sett, SLOWED Jame. E Moor, .
5 WITeFSSED BY
We believe the tangoing statements by Junes E. Moon are true.
WITNESS W. W. for Far.
+
1 County of PI Orin
rate of Colo.
I William C. Stapleton, • rotary In and for the County and State aforsld•
hen this day witnessed the signatures of the following persons. Jams E. Moon and Y. 3.
Fultz
All have tfflsad their signatures tar data of this document, August 21, 1953.
I My commission espies July 10, 1954. poTAAIAL
Milian c Sterl.ten gGL
i - 'joli Pane. 11 -.
riled for geeoM A L1 se 1957 L 4U5 P M by lien C . pli , w Statan 1 .. I y 1 0 100:+05 EASE11ENT DEM I
1 Thl.t 22:T -r
. lode this 12th day o A9 -rust, 1953, between THE DENVER .HD FI0 GRANDE airTany 1
1hAILNJAD CJI: • Deiannn torporatian, putty of the first port, L. P1:S:M COUNTY, a
fpuiltloel subdivl?1on of the State or Cnlond0, party of the second part 1
1TNtS.Elh! m That the p arty of the first part, for end in consideration or the a u of 0!.c. 0!.c. 1
! _:elan N1.' ?'1 and o tter good end enloanla aonetheratlnns to ton party n( the /Irst part -+
polo by t Om party of the second part. the receipt *nereof is hereby con fessed and ecanowled4
1 ,e4, hue .;ra:.ted and by these presents does grant unto the said party of the second part. it' .
{ u se
suQC.:eres1 ra s goal a fo ta r m party o ever, the f r1 the .:wet part •Ili, gAt, prlvllege end in the re etaenent nt half for nlg h ' purpo.ae ^et
Over
W o . l a sl f s o t ta. ro
$q wrier of Section 7, lownsrdp 10 South, Range 54 *.at, S Principal Adman d.Serteed f
8u11.,..; th
I '1
Gue' nctng at e lnterae.Lon, of the center line of .rain Stre C IL the ctnt r lice of 1
� Y111 surges In the City of aspen, ?Rain uiunty, state of Colorado: thence :•orth 14 degrees
143 minutes teat along sold center line of I111 Stroat • llatuwe sea about 434.55 feet to liar
mintersection wt th the soutnwn t rty boundary of the station grounds of sold r•ilroad C ereto' i, 'w
1 aeld point G 1..! the true point of beptnntng or the loon over ankh Said nisa. nt le hereby
1 ',..cod rich a Korth 43 degr:ts 03 rtnutea 32 ascends Most elms said artt n rrpuccs ooundt
Ivry 14.19 feet to • point located 12 foot ninny:uterly at r1 -ht anp,lns Cron Gres produced
i . i
e o ur line or earn 4111 strn t; thence er ryh 14 larva to 43 minutes bast 62.43 fait to point.
• I f eurrel venue n t t. fly end northwesterly on aurae to left with radios of ^.74.5 teat a •
r.lar ca n f 1• r' nc t t ',Ant of tangent; thence N..rt , 24 Leureae 25 minutes lest 174 1 I pt man --
If ^t '1 InlrG set r L 2 11. 02 (get t a :..n ly end nartrerly r . e curve to ttr•irt el th 7 ml oi Correct ..v
4.9.1, feat n at u . of 21 1.01 fee to pai o f t• t; thence North 0 degrees 'c minute "urn T. 31en -. Y
' t 1..J.... fart Lo p1'Int 6f wawa•; act; thence North 70 degrees l: thence un curve to left with rad of 10 r ent 4 eta ;,ref o f D r.[Nmen
t..ee or rt fl
2 ., fa t t5 !nt of ten ml 0 -, 'teat a dietspae 1 _ •
...t 0 at .o • point in the carcrt surly bau d ry of the station r r le nl slid __
! ^ le^sted l2 feet seat**•^ h- y . .StOr t , its from ten venter lir• of si ary
r -Pg
2 a m .t. t 1n told City nt Aap tt :e + rthe•ste sy along sold •taunt grounds bo
rafL ' +
_ o^ e .etarly a t r 1 t le e ^ 1 G .-
� .ttu t: 1 r t rt aeG Cr:nfr'n Lrte wit:
F'.. I� .•..r :ze)t .rn4 ..1i re •nn • , r; &.t •r r. L!uC ( . r
--grew,,,-................... .....amn+rra...r.— .— .......... .
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les
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3 , • Is C...e_ . a. . else.. -sees n.. _.._..+. - 'rdl,�
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., . ,'.. L+t w ,- .� _. _. ee ls �. .:_ .�....�
u. . . s ._ , _
' ' •- - ;?:” "1'.Ng ";I 81ilitalit wEda6r1.tr4ft+0§]khSt"1: 140:am :1,Sacrkiar V;'irrat Or't ''" W `••, , �n snr•AStR.`�w«t�ra/a..-
t ..
.. - • - ,
415 1.21 1513
ly
Y - _ a
- -- nM 24 feat northeasterly from tuft last &Lova 6eaorSbad curie • distance of Stout 143.66 1 . -- , feet to point of tangent; thence aouth 0 degrees 19 minutes Went %$h O feet to port of
curvet Ln.nte on curve to left with reline of 466.5 feet a distance of 200.66 fat, more or
leu; thence South 24 d41(78112 26 minutes Ent 160.0 feet to a point of Curve; thence nn
curve to left with radius or 50 feet o dlet!•nee of about 100 feet to a point in the present
. easterly lino of k11. Street within said elation Rounds; tnenoe southwesterly along said
• star', 1.ne of 4.111. Otreet about 160 feet to a point In the produced tenter line of N131
Street.{ thence -foot:, 14 degree• 43 minntes teat 'long said produced canter IS a Y 111
:treat *taut 140 tent to the point of begtr.ning. cont•ning 0.36 acre, more or lets;
a. ,. Together with the rlfnt to erne at E•d• over the rye trans of said Hallrohd Cowpony -
le y. ewers nein sat rte •,r land covered by this •aavn track
s { -71
Internet* meld eye tras{ 14
All e. •wn on the attached ,ep numbered AI!-20 and hereby roads a part of thole snsnetent.
Tu Hole T 'LD Lie care, to✓athur with all and (Surulur the a and prSvt-
e° tens the rating or In any way •ppert•Sntnq, and nil the estate, right, title,
Internet w r claim anatannt er of tea said party of the 1 ire. part, whether In law or t'ulty t I
'n trio to = u ancient Lorain and hereby gr•: :tad to the only proper us*, benefit, and tattoo(
!of 100 said party or the . -'nr, part, its carne aura and assigns forever.
1 IN al YNE :S AHBVEOP, the bald party of the flrsl. pert I. +s caused thaaa fro :nr.t to be ex- 1
uul.0 oy the nand of Its Pres Silent and its corporate seal to be hereunto affixed and ettaa -! 11 tort 0/ its 0acret•!ry ran nary and y•ar first aoovo written, {• 11
THE DENVER AND RI0 UN :J'DP. WESTEhN
"� RAILROAD Cu +PA!IY ;
by Wilson Ne:er4hy
C11110011111 I t
SEAL rosidnnt I
[tent I
T. A. Than. ant ..... '
uecrutary
i
Tv C(
YATY GP 1
31Y AND coUi' t t es.
The foregoing lr.s Lumbnt was acknowledged before u thole 12th day of Rl *1441 19.`.3. b7 4
l 'aiLJUN XcCABI ln u XeCAH711Y as Prtsident and T. A. THONPSON as Secretary of TilB Do Oloh AND RIO .::3
t.,o lnuau uc,c r Uwe ration. I A
1 N not � cnrmleaton AhY, axpstr Au gust re corpo 11, 1965 3
Witness e.y hand and of tloL n6fAail�. l 'eel. Willies G. Prescott
I Alp ht i {I
c d as to form-' Notary Public s 1
ces
ntlw'uef 1 o - 1
obi• For - ren Dried un file Ir. Hec rder attic 1
J f r r' - hot r.:.a. _t �4. 1553 at OI30 ,L'. o, u btupto19u nv'.crdc 1 :e •
. . April3 ,.
E a 409 (1-102 1950) 'plantain 0 6S0 THE 011 ITED STAPES OP At ERICA
To .11 to *nom thus presents - hall come, 0r•atingt {E
*nen..AS. • toe u+ Cutl flcate of Lr.e Land and Surrey O111: a D enrnry Cotor&do, to now deposit* s
!anneal anneal of Laud .unagen ent, .nole ,,,
by St &term that ull -a e F a n roan ta
l
... - , 1 nt rge C. Meta .,cording to the provletnS of t e Act f C areas and 24,
•" tun •M A lt retain/ . .1I“inl• prints :or. or t a -.tan," yy
L a . 1'. .ntSt theeo fr ten on� sert ewe 1 oh 't 9o, 1 Ln U 12, , 13.� J
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� - tat tho U a f:' '3 F A. de4 r .,rid 4ruv Sds d. L'Y •.!,D
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d 1 r 1y t ea r s'nts IX. S 1Vh r 1 h 4 f u a tie Bald col weal. andl.nr ai Li, dnsn 1 11 il0 1 He LC tre name '. 1 •1t t 4r t enala00Var natumraunto
! . In 11 I rin to the hal a rid a e! rf the suttl elt 1'or u
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.dv'n tan c dcelutme of en :ILO;
I
ate ma/ saw rat r . .. r vn as a' .a1 a d•:utl of th fora'
- . bore r ry ly t , the lands f t United d d n ,• elating tam dare far n* has oT tot
' ca n t / 1.y t rtrn'ty of the U IL d ..rtes ax. : ytinR sod rennin*, also, ,
the Act 'u v't 1, 1 (60 Stmt., 756), I
,
D 1t t 4 s F Ire art to th+ pror la lc e r' 1 alt 1 1 ua' o b* r d Ler lad c to be er paclel t lnrly 1
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7 1 p root alt ten r✓ t c 1 - a United Stan ea tl r SL• ' tro 1 oaJ n t r r prnaentativu`
to 1 -M .rid l.r nw I a and roeavn trio . a,
r 1 12 Y . rte •elatetreed actor rtr d n of tin bulead L n pnmentj a
L
in wee 1 ate wt1.. tun { rev Salons of tun Ac . Jun l9 4'?, 1041 1693[ L 4961) , has hash in
r the e unitod t t caused .lees s let rat to be mane patent, and u a a 1 u t , C'JCS*jil
.
,to a uer 1 J olumUla, the FOUH7.1 day of JUNE to tiro y •r of t a I y
lo ..r IJec A m h o, In the U alt et a ✓sl I - �T
r L rd : e t an d nine 1'1nn d f CPY l aH 6 and of um +wd Sauce o r t n L :c�c? M����tYYt r
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Atln.n Ltn,t, r. Lu raves of Lund my note nt goal: - ! +/ 7 T w.
G.' ) etch! . 7. .t.f 1339.173 w..•.e, ales. 2ptrnis e rgnn, +7 =
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✓ •Pillsl.for ascent et 12.20 o'clerk P.R. 7ely. f � • . • •
_ Ise Isar 136094 Peggy . e;:s 41 .:e tc
RAIMENT DIED
i. THIS DEED, made the 12th day of Juns. 1969. between
. THE DEIIVGI Am RIO CRAMS =STEIN RAILROAD COMPANY. first
corporation of the State of Delaware, party of
part. and TIE CITY OP ASPEN. a municipal corporation of the
State of Colorado, party of the second part.
9
MIIWESSETIIt
That the patty of the first part for and in coasidere■
` tion of the sum of ONE DOLLAR to the party of the first past
paid by the party of the second part, the receipt whateof is
F hereby confessed and acknowledged, has granted and by thew
presents does grant the right, privilege and easement to �,_,
construct, operate and maintain water lines on a 10 -foot 0
wide strip of land being part of the Aspen Branch right of
way of The Denver and Rio Grande Western Railroad Company
in Pitkin County, State of Colorado, the centerline of said
strip being described as follows.
Betnnning at a point opposite Railroad I.C.C. •
q Station 1767490 and 10 feet southwesterly at
,/� right angles from the centerline of easement
0 granted by said Railroad Company to Aspen Metro-
politan Sanitation District. thence southeasterly
parallel with said centerline of easement to a
point opposite I.C.C. Station 2163415, as said
centerline of easement granted to said Sanitation
District is described in Easement Deed dated
$.wr.0 ✓,,967 and recorded in the records
of the County Clerk and Recorder of Pitkin County
in Book .R'// Pages ?Al y/h Pw1, Nis....✓ SHE•
RESERVING, however, unto the party of the first part,
its successors and assigns, the right to use said strip for
purposes which will not interfere with the second party's
full enjoyment of the rights hereby granted.
This easement is granted upon the express condition
that the hereinbefore described property shall be used solely
• for the purpose herein set forth, and, in the event of abandon-
• ment of all or any part of the same for said use, this easement
shall cease and terminate with respect to that part or portion
t
4 .. ' .,,.e s..m.wiw + s. -^e.sn _ ,. ',+ sew +�'�'+aw�++�°""""'-'"".�w.,.- ,.- +s.e.+- *mwe9ei+
ri
-•611
s
of said described property so abandoned and said property
to abandoned shall be freed from the burden of this easement. •
TO RAVE AND TO HOLD the same, together with all and
singular the appurtenances and privileges X11 the estat g •
or in anywise thereunto appertaining, and
right, title, interest and claim whatsoever of the said party
• _ of the first part, whether in law or equity, in and to the
ballad of h the said party t of the seco d its successors
and assigns.
The easement herein granted is subject to all. prior ease-
manta and Crntor makes no warranty as to title on lands over
�,, which these easements are grafted.
c IN WITNESS WHEREOF, the said party of the first part
has caused its corporate name to be hereunto subscribed and
b its corporate seal to be hereunto affixed by its officers
thereunto duly authorised, the day and year first above
written. - -
THE DENVER AND RIO GRAN ^6 WESTERN
RAILROAD COMPANY
a xe i e Vice President •
, • . 7 E i „ .. ,; E < 'ten eneral Manager
---9\ . ,
AIR'EST.
Secretary
1
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O. ez-•211. ,r,t 989 .
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, . CITY AND COUNIY Or MYER )
) se
STATE OP COLORADO )
. . . .
The foregoing instrument was acknowledged before as this
- .
/ C day of -.,,,...".-- • 1969, by W. J. BMWS as ;.
• i Executive Vice President and General Manager, and W. 0, PRISM/IT
•
as Secretary of TSE DENVER AND RIO GRANDE WESTERN RAILROAD
' . .
COMPANY.
k • ' '''' ... My commission expires )......"•(-#/3"//7°. '
AiLTNESS my hand and official seal,
‘ ..t. 1 /.1) . '..'
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. Notary Public
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0.
y.w Jun for record J, 26 !t)
. 196P at 0 o'clock IN •
0 Reception Ms Ul9)0 'MY 1. Wallah, M.ettr
•
• •
P.' re4' r, 8A0
CASCMEIT AfYR ta,Rw7•
•
I8 AGRREIEPT, Dade and entered into thin y re day
of ., - s. l , 1969, by and between TER DENVER AND RIO
O RAILROAD COMPANY, a Del corporation, here -
Lnatter referred to as 'Grantor,' and THE ASPEN SANITATION
DISTRICT and THE ASPEN METROPOL SANITATI DISTRICT,
Pitkin County, Colorado, hereinafter referred to as "Grantees.'
WITNESSETN,
That Ica and in consideration of the sum of One Dollar
•
(61.00), and other valuable considerations, the receipt of
which is hereby acknowledged, Grantor has this day bargained
{ and sold, and by thus presents done bargain, Gall, convey,
transfer, and deliver onto the Grantees, permanent easements
_ and rights of way, including the perpetual right to enter
. ' upon the real estate hereinafter described at any time that
e ■ it may see fit, and construct, maintain and repair under- ,
ground sanitation utility lines and /or outfall lines for the
purpose of conveying affluent through and under the lands
hereinafter described, together with the right to excavate
and refill ditches or trenches for the location of said pipe-
_ lines and mains, and the further right to remove trees, bushes,'
undergrowth and other obstructions interferring with the loca-
tion, construction, maintenance and repair of such pipelines.
•
or mains, which easements and rights of way are described as
follows;
•
EASEMENT Al Reference is made to the following maps which
accompany these descriptions,
t Right of Way and Track Map, Denver a Rio Grande
•
Railroad, Aspen Branch, Station 2056+80 to Station 2295+19
dated June 30, 1919, and corrected to December 31,
•
1927, filed in Plat Book 3, at Page 388, of the records •
for Pitkin county, Colorado.
Right of Way and Track Map, Denver 6 Rio Grande A. .r Railroad, Aspen branch, Station 1860+60 to Station f
2056 =80, dated June 30, 1919, and corrected to •
December 31, 1927, filed in Plat Book I, at Page 389,
of the records for Pitkin Courty, Colt ads.
•
Right of Way and Track Mal, Denver 6 Rio Grande
Railroad, Aspen branch, Ration 1677+1' to Station
•
•
y b
•
•.,.hxi wn. , -.milt . ,..- ,....,�. —
1
ti
•
. .r 811
1860+60, dated June 30, 1919, and corrected to
December 31, 1927, with land corrected to December
31, 1941, filed in Plat Book 3, at Page 390, of
the records for Pitkin County, Colorado.
. A strip of land 10 feet wide, being 5 feet on either side of •
the following described centerline,
i Beginning at a Point 30 feet left (easterly) of the
' railroad bed centerline at Station 2163+15. thence
n on a straight line parallel to and 30 feet
left of the railroad bed centerline to a point 30
feet left (easterly) of the railroad bed centerline
at Station 2153+80, .
6 thence on a straight line (northerly) to a point
20 feet left (easterly) of the railroad bed center-
line at Station 2150+55+
thence on a curved lino parallel to and 20 feet left
(easterly) of the centerline of the railroad bed to
a point 20 feet left (northeasterly) of the railroad
; j. bed centerline at Station 2144+80:
thence on a straight line northwesterly to a point
8 feet left (northeasterly) of the railroad bed
centerline at Station 2143+23 of the railroad bed
centerline;;
thence on a line parallel to and 8 feet left (north-
easterly) of the railroad bed centerline to a point it 8 Eeet left (northeasterly) of the railroad bed center-
line at Station 2041+80:
a _ thence on a straight line (northwesterly) to a point
1 2 feet left (northeasterly) of the railroad bed c ,
• u. centerline at Station 2039 +12.6;
thence on a line parallel to and 2 feet left (northerly)
of the railroad bed centerline to a point 2 feet left
e (northerly) of the railroad bed centerline at Station
2034484.6;
thence on a straight line to a point 8 feet let' •
j. (northerly) of the railroad bed centerline at ,
Station 2031 +96.6;
F
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thence on • line parallel to and B feet left (north-
, eaeeerly) of the railroad b centerline to • point
k sd B feet left (northeasterly) of the railroad bed
centerline at Station 1767+90. the point of ending.
p RABTMBNT Bw Reference in made to the following map which :,
r accompanies these descriptions
Right of Way and Track Map, Denver & Rio Grande Rail
;. road, Aspen Branch, Station 2056+80 to Station 2295+19. .
dated June 30, 1919, and corrected to December 31, 1927.
A strip of land 20 feet wide being 10 feet on either side of
the following described centerline:
Beginning at a point 8 feet left (northeasterly) .
of the railroad bed centerline at Station 2137+40:
C thence on a bearing South 51.21'51" West, a distance
;,
of 60 feat, more or less, to the southwesterly
boundary of the railroad right of way.
k
1i EASEMENT C, Reference is made to the following map which
M
r. accompanies these descriptions,
r Right of Way and Track Map, Denver & Rio Grande
Railroad, Aspen Branch, Station 2056 +80 to Station
2295 +19, dated June 30, 1919, and corrected to ^
December 31, 1927.
i .
4iL.- A strip ip of land 20 feet wide, being 10 feet on either side of
r ,.r
the following deacr abed centerline,
r. Beginning at a point 8 feet left (northeasterly)
' 4 of the railroad bed centerline at Station 2104 +9v: ..
:2
thence on a bearing South 58.25'43" West, a distance
of 60 feet, more or less, to the southwesterly boundary
of the railroad right of way.
t
EASEMENT Ds Reference is made to the following map which
accompanies these descriptions:
■ Right of Way and Track Map, Denver 6 Rio Grande
i R.iituad, Aspen Branch, Station 2056+80 to State
2295 +19, dated June 30, 1919, and corrected to
December 31, 1927.
- 3 - •.
i
8i8
•
. . 813
A strip of land 20 feat Wide being 10 feet on either aide of
the following described centerline'
Beginning at a point 8 fest left (northerly)
of the railroad bad centerline at Station
2070 +851
thence on a bearing South 6.06'12• East a dim.
Canoe of O5 (vet, more or less, to the south-
westerly boundary of the railroad right of way.
EASEMENT Et Reference is wade to the following map which
accompanies thew descriptions;
Right of Way and Track Map, Denver 6 Rio Grande
Railroad, Aspen Branch, Station 1860+60 to
Station 2056 +80.
A strip of land 20 feet wide, being 10 feet on either side
•
of the following described centerline; 'x
Beginning at a point 8 feet left (northerly)
of the railroad bed centerline at Station
2034 +64;
thence on a bearing South 76•.0' East a distance
of 230 feet;
thence on a bearing South 60•20'34' East a
distance of 45 feet, more or less, to the
• southerly boundary of the railroad right of way,
Together with a non - exclusive easement over and across
the lands presently owned by the Railroad hereinabove des-
cribed, as tht Right of Way and Track Map of the Denver 6
Rio Grande Railroad, Aspen Branch, for construction, repair
and maintenance of sanitation utility line easements as
hereinabove described and conveyed.
The easements herein granted are erbject tr al' prior
easements and Grantor makes no warrant as to title on lands
over which these easements are glinted,
- 4 - .
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,
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C.' • 8t4
IN WITNESS MNENEOP, the pestles hereto have hereunto '
t set their hands and seals the day and year first above '
written,
.
THE DENVER AND RIO GRANDE MEETERD .
RAILROAD COMPANY
•
ATTEl , BY�� ic
sd ITS
'�� tza President
a ra1 Manager
i ]G'shba t Siarntary
A
1a` .
f •., ACM SANITATION DISTRICT
. ATTEST t By `- 14•.;A 6 . /n.. - A..
Y-.
v irk :,Z.1C
Gecratecy
. ASPEN METROPOLITAN SANITATION
DISTRICT
t . ` ' t Y .AT,ESTt •
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' ' ter -
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F , 1<d ice: ,, col d at .7� ,�
A.Pi. Se 17, '97. '
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WARRANTY DEED SEP 1 1973
r
THIS DEED, MADE AND ENTERED INTO this IV day of So Ae,,A,Fc
1973, by and between JAMES R. TRUEMAN, individually, of the first
part, and THE CITY OF ASPEN, COLORADO, a municipal corporation;
of the second part:
W I T N E S S E T H:
,,THAT the said party of the first part, for and in considera-
tion of the sun of TEN AND 00 /100's DOLLARS ($10.00), and other
good and valuable consideration, to the said party of the first
part in hand paid by the said party of the second part, the re-
ceipt whereof is hereby confessed and acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm unto the said party of the
second part, its heirs and assigns forever, all the following
described lots or parcels of land, situate, lying and being in
r, the County of Pitkin and State of Colorado, to -wit:
F. TRACT OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER
CF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE
6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, BEING
MORE FULLY DESCRIBED AS FOLLOWS:
C BEGINNING AT A POINT AT THE EAST SIDE OF MILL STREET
WHENCE THE WEST ONE- QUARTER CORNER OF SAID SECTION 7
BEARS N 38 ° 06'14" W 1542.42 FEET;
THENCE S 56 °06'43" E 120.33 FEET;
THENCE N 33 ° 53'35" E 78.32 FEET;
THENCE S 75 ° 51'1 4 " E 67.25 FEET
THENCE N 84 ° 34'25" E 121.34 FE.E
THENCE S 00 °17'28" W 130.87 FEET;
THENCE S 89 ° 28'55 1 11 184.09 FEET;
THENCE S 00 ° 58'09" W 109. FEET;
TilbNCE N 16 ° 34'5E" E 9.37 FEET;
THENCE S 74 °37'51" E 141.49 FEET;
-'T •.CE S 09' 1 12.35 VIM
,
HaE c :3 C N9.04 EEV.
F i p..
: 33.41 ..
,'li:: AS:� OP A CUP.VI', TO : „ 1 = ., i .. ;T .
' ILIUIy rfl 3110 `;, V.:) A C t.vIIiCii };1.A25
400K279 MI gi
THENCE N 73 °19'31" W 271.88 FEET;
THENCE S 16 °37'11" W 90.78 FEET;
THENCE N 57 °36'26" W 10.54 FEET;
THENCE S 84 °21'32" W 164.64 FEET;
THENCE N 87 °31'46" W 88.97 FEET;
THENCE S 14 °26'08" W 75.82 FEET;
THENCE N 43 °12'17" W 408.87 FEET;
THENCE N 19 °50'59" E 495.73 FEET TO THE POINT OF BEGINNING,
CONTAINING 11.496 ACRES MORE OR LESS.
TOGETHER with all and singular the hereditaments and appur-
tenances thereto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues
y
and profits thereof; and all the estate, right, title, interest,
claim and demand whatsoever of the said party of the first part,
either in law or equity, of, in and to the above bargained pre -
raises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described, with the appurtenances, unto the said party of the
second part, for its heirs and assigns forever. And the said
party of the first part, for himself, his heirs, executors, and
administrators, does covenant, grant, bargain and agree to and
with the said party of the second part, its heirs and assigns,
that at the time of the ensealing and delivery of these presents,
he is well seized of the premises above conveyed, as of good,
sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner
and form as aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, as-
sessments and encumbrances of whatever kind or nature soever;
except easements to Klaus F. Obermeyer for sewer purposes, and
to Aspen One Company for access purposes; all easements and rights
of way, rights of ore extraction and rights of way for ditches as
reserved in United States Patents of Record and canals as reserved
in United States Patents of Record, licenses, existing roads,
h.igh ditches, pipelines, encroachments of fences, fencelines,
-2-
, 600K2 79 Oa 747
buildings, any tax assessments, fees, charges by reason of the
inclusion of the subject property in the Aspen Metropolitan Sani-
tation District and Aspen Fire Protection District prorated to
date of closing, general taxes, insurance, etc. prorated to date
of closing;
And the above bargained premises in the quiet and peaceable
possession of the said party of the second part, its heirs and
assigns against all and every person or persons lawfully claiming
or to claim the whole or any part thereof, the said party of the
first part shall and will WARRANT AND FOREVER DEFEND. The singu-
lar number shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of the first part has
hereunto set his hand and seal the day and year first above written.
JAMES R. TRUEMAN
Party of the First Part
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
,011 oregoing instrument was acknowledged before me this ih
r y
of r ig '•. p+e_m \'mac , 1973, by JAMES R. TRUEMAN.
' \ h _
' My commission expires: AlA I' Y 4
Cf■ v , u o_
a`.. Witn ass,'my hand and official seal.
Notary Public
-3-
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. fj 3S/i
AOTIELflrNT
THIS AgillEll=l1T made this -..l. day of
197" , botween „TARTS E nanuAN ,s', COlUIANY, P.P. Ohl() corporation
(lerelnaltqr referred to as "Seller") and ME C11.1 Of ASPEN,.
COLORADO, a municipal. corporalion (isrein2fter refdrred to as
"Buyer).
W 1 fe N :FSSFTH:
WarlIlEAS, Sellor is the equitable owner and before .
ciesing hereof will 7n ± ovrner, of a certain p or
parcels of real 2Jop95:ty comprisiug approxiriately 19.72 acres
Rod is willing t sell to Buyer a portion of Omt real paoderty
ce;r1;..eicaAng approximotely 11.499 acfes situate in the Clty of
Aspen, County of c..,t) and state ol Coloi.auo,• as more particu-
larly describod in F..A)i.Llt At attached licaeto avul: yvade a parf
hereof by reference; and
wnntAs, Eelloa desjres to : said 11..499 acres and
Buyer desires to purchase s.ald property
NC:Y/ THEET.FCIlE, in consideatio el the mutual covonants
contaed larrein, the parties bcccete agree as folio
T. SALE. sollor herc.by agrees Lo sell auid F.nyer hereby
.....___.
agrees to purchasL, upon the terms all conditions horein se.
forth, that parcel of land iocntod io the City of Aspen Com.ty
of Pilbiu, and Sta:e cif Colorado as moneparticrianly describ3.:i
in Exhibit "A" %L hen. and - arAde a. part herecil by refeoeaa.
Seller and Bt;': bl':eve That si p.'. of land. 002;:0*.22
approxiately 11./129 'ore: ; hoivsvor, 5 ma.kes uo represen-
tation as 1- .0 the :x.x •, oi adreago complising the palx2.(7..1
aqd the pi : yot fortli in the Aqrceit,eni. is a firm
, : f1!:rac2H..11 ail: ry.:::.11
Sc) !(1 Yiaynv H. imimaily akn)wi23.:0 ti thc
desbipL of Lne suoluot pa:::...Ly s Ickth in k' "IY'
is not based on an up- to- -dace field survey and may, therefore,
contain minor errors and discrepancies. Accordingly, the
parties hereby expressly recite that it is their understanding
and intention that the property to be conveyed under this
Agreement includes all of the lands in which the Denver and
Rio Grande Western Railroad Company has an interest as of the
date hereof located easterly of the westerly boundary of the
subject property as described in said Exhibit "A ", City of
Aspen, Colorado, and hereby agree that the deeds by which
Seller will acquire title from said Railroad Company and by
which Buyer will acquire title hereunder from Seller shall both
contain all- encompassin grant language similar to that used in
the above recitation of intention.
2. PligCHASE PRICE. Total purchaz;e price tor the subject
property shall ne ONE MILLION ,_1`VEN H fiNDRED FIFTY TLIOUSANID MW
0O /100's DOLLARS ($1,750,000.00) and shall b' payable in cash
or certified funds at the time of closing. At the execution
hereof, Buyer shall deliver to Seller its earnest money deposit
in the sum of ONE HUNDRED SEVENTY -FIVE THOUSAND AND 00 /100's
DOLLARS ($)-75, 000.00), which su:n shall, he applied to the pur-
ci',aso price.
3. CLOSING. This Agreement shall be consummated and the
purchase and sale concluded on the fifth (5th) day of July,
1973. Closing hereunder may be extended only by mutual conseui
of the parties contained in a yruin~ executed by both of Chem.
4. TITLE INSURANCE. AL least thirty (30) days prior to
the closing date, Seiler agrees to furnish to Buyer a commit --
a o '' r, - 1 1 company
Tfl81. t, for title insurance from �.. ? °i:c '_1 ii. G ._1, CCl.pa n,
(1, e to ] 1 c'p i y (n I) .;C' ; d
v:iHted in tite Lc 11cf 'l. at i C of a i.:Difj.3,
encumbrance except t: =-:s a!UI 'ls0 Ieni.s ioJ' the y { a _ 1:573
,tnd the:eafimi, L :n hers e( forih in ;Hhit tE '
attached hereto and made a part hereof by reference.
The Buyer shall have fifteen (15) days from the date
of the delivery of the commitm.;nt in which to examine the
same and make written objections thereto. If the Buyer has
valid objections to the state of the title, Seller shall have
a period not to exceed sixty (60) days from the receipt of
such written objections within which the Seller may cause such
objections to be removed, and the date of closing shall be
exten6ed for such purpose. If at the end of such period such
objections shall not be eliminated, then Buyer may, at its
option, refuse to accept such title or may accept same in its
then existing condition without diminution of the purchase
price. In the event of such refusal by the Buyer, all monies
theretofor paid on account of the purchase price shall immediately
be refunded. In the event theme are valid objections to the
condition of the title, the closing, if any, shall be had within
ten (10) days after elimination of such objections. Promptly
following the closing, Seller agrees to deliver to Buyer an
owner's title policy issued in accordance with the aforesaid
title commitment, and to pay the premium thereon.
5. ADJUSTMENTS. Taxes, insurance, rents, etc. shall be
prorated as of the date of closing.
6. DEED. At the closing, Seiler shall convey good and
marketable title to the Buyer by general warranty deed, con-
veying the property free and clear of all taxes, liens and
encumbrances except as herein noted.
7. POSSESSION. Possession of the premises shall be
delivered to the Buyer at closing or at such earlier date as
th.n _ cr Li _, hereLo may Mr0,. upon,
8, CASUALTY DAMAGE. In the event the pro s us are
substantially damaged by fire, flood or other casualty between
the dale el this Agreement and the date of too °.,r c _ lon or the
.
date of delivery of deed, whichever shall be earlier, this
Agreement may, at the option of the Buyer herein, be declared
null and void, and any deposit herein made shall immediately
be returned to Buyer.
9. PARTIES TO OFFER COOPERATIOaN. As the Seller is
selling only a portion of his total real estate and the
parcel being purchased by Buyer is contiguous thereto, the
parties hereby agree to exercise close cooperation in the
following regards:
(a) A boundary latween the property remaining in
Seller and the property being purchased by Buyer will be
the approximate existing center line of Mill Street bet°;een
the two parcels. In the event a realignment of Mill Street
becomes necessary, the City agreos that the realigned center
line shall be kept as easterly as is practical, commensurate
with sound planning Considerations. : "mill Street as presently
constructed and in use constitutes a public right-of-way, and
the scheduling nature and quality of such improvements shall
be in the discretion of the City.
(b) Buyer and Seller hereby recognize the need for
the allocation of 'a portion of one or the other of thcIr
respective properties for filling station purposes, and
further recognize that gasoline service stations are merely
conditional uses in the applicable zoning district, requiring
the prior approval of tne Aspen Board of Adjustment:. By its
execution of this Agreement, the City Council of the City of
Aspen hereby agree that in the event Seiler :' petitions such
Board O f Adjustment for approval Of a gasoline service station.
or F , . ,,_ : 'r. j. , rl l . J_ . .b as riL 'LY'LU to heir: V , s;li `i C1i :
c o i l will. not nt 10 H. to influence i}L decision fl the rood'(!
or A dius1 mien1. on ,Si1Cl, matter.
(c) p.0 ico Iar16 in liant 02 Seller's t )_p;.': _seu
ini ';ition to develop n substaniittl pdeti r i OL its adjoLlllil':
property for commercial uses, Seller and Buyer hereby
recite and confirm their mutual understanding and belief
that at the present time the uses for which Seller's ad-
joining property is currently zoned are appropriate uses
for such parcel of land.
10. EASEMENTS HERETOFQR GRANTED. The Seller has here -
tofor granted easements to:
(a) Klaus P. Obermeyer, for sewer purposes, a
copy of which is attached hereto as Exhibit "C" and made a
part hereof by reference; and
(b) The Aspen One Company, for access purposes, a
copy of which is attached hereto as Exhibit "D" and made a
part hereof by reference.
The Buyer hereby agrees to honor the above set forth
easements.
11. 1NTERSST. As the Buyer has been made aware, Seller
will obtain both equitable and legal title to the subject
property on or before May 15, 1973, and the Buyer hereby
agrees that in the event the sale is not consummated and
concluded on July 5, 1973 by reason of difficulties encountered
by Buyer, Buyer shall pay interest on the unpaid portion of the
purchase price ($1,575,000.00) at the rate of eight and one -half
per cent (8N) per annum from May 15, 1973 until closing of this
tra"sa.etion. This Agreement by Buyer to pay interest shall in
no way affect Seller's rights pursuant to Paragraph Thirteen
(13) hereof and an extension of the closing date nmst be first
areed to by Seller in wr:itic4;
13. SP.. ^1Ct 1 Q":'i i 1 Of sEurz, It is the mutual under-
s'l o ., the 1 ,.rt.. _ ci''i th':. f as tf the date of 'cUi.
henc , ii< i •_er unddr pn ::el ✓'_e
the subject p7.•(_.I fi`l'l'. S* from Lhe i lf: nl" and Rio G1 '?.1iiC 1W :stern
haiH C o:ysa i; Seller he _ ) _. agrees to diligently ntl, porl.urn'
all of its obligations under said contract necessary to
the consummation thereof, and to close the purchase thereunder
prior to the date of closing herein established. In the
event Seller has not so acquired title prior to the date of
closing herein established, Buyer shall have the right to
terminate this Agreement and to the prompt return of all
monies theretofor paid to Seller under the terms hereof,
together with interest on such monies at the rate of eight
and one- -half per cent (3;) pe r annum from the date such
monies were delivered to Seller, and shall have the further
rights as may be provided by law as a result of Seller's
failure to consummate its purchase from the Railroad
Company.
13. TIME IS OF TJIE ESSENCE; DEFAULT. Time is of the
essence hereof, and if any payment or any other cotillion
hereof is not made, tendered, or performed by Buyer as
herein provided, then this Agreement shall, at Seller's
option, be null and void and of no effect, and both
parties hereto released from all obligations hereunder,
and all payments made hereunder shall be retained by
Seller as liquidated damages, in the event Seller fails
to perform its obligations hereunder, Buyer., at its option,
may seek to compel the specific performance of this Agree-
ment or may pursue such other rights as may be provided
by law. Should legal action become nece,ssry- to enforce
the provisions of this Agreement, the prevailing party
in such action shall be entitled to its casts and attorneys
j es ac '1 co i o a' c ' o 'er ‘.7_t h.
14.) BENEFIT. This Agreement shall bind and enure to the
benefit of the respective successors and assigns of the parties
hereto. Seller is specifically authorized to assign each and all
of its rights hereunder to one or more persons or entities (cor-
porate or otherwise) who or which may hereafter become the owner
of all or part of the equitable or legal rights appertaining to
the 8.221 acres of real estate being retained by Seller.
15.) SEVEPABILITY. Should any portion of this Agreement bc
declared invalid or unenforceable by a court of competent juris-
diction, the validity of the remaining portions shall not be af-
fected.
IN WITNESS WEEREOF, tha parties have hereunto set their
1
Hands and ser-01s the day and year first above written.
JAMES R. TRULETAN & CU:TAM,
[SEA LI an Ohio corporation
i1
h ATTE:S:170:7
7 Yr 6
!) p 7< By
/07 James R. Trucman, President
THE C.(1fl OF ASPEN', COLORADO,
a municipal corporation
(ATTEST:
E'
Eve Homey er , 7 ", y.;
City Clerk
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.....,' i: ...; i. .........„. ......c, ... : ...,...7 , , ..: .,...7 11 ,... ,., , „ ;., ‘....„.; ,_. :•.. H
. 1/4.,...
i'Lt.:h.r.,.::Th'SHR,Dyinj.lingn-lc...(mo.C.);::.:ilicirl Gcl•:4":: . :
:lili ._. - '.i.'.
• FCLYULlry 2rj, 1973
DESC7Z.LP:210N - TRU.T.klAN a'ROPE."..,TY EAST OF :1.1.1.,!.. Si -;T
A PART 02 TilE SOUTEST ONE -OL1 OF SECTIC 7, TOWNEflIP 10
SOUTH, RANCE 81 ::-ST OF T SIXTH PRINCIPAL, j. COUNTY
02 PITKiN, STATE •OF COLORADO, O:1:E PAPTICULPJUX D AS
FOLLOWS:
COTAY.ENCING AT A POINT OF INTERSECTION WITH TflE NOflTH LINE OF
• • THE SAID SOUTH ONE -HA,LY 02 THE SOUTIT:TEST 0 N2.-- AND Th2
• SOOTT: LINE OF EAST ASPEN TOWNSITE, SAID POI.K DEA
S 15 E A DISINCE OE 1417.404 1.• ird...,0 Ii WEST ONE
QUARTER C07. OF SAID SECTION 7 An SAID POINT 13EARING
S 4.3 E A DISTANCE 02 12.266 PEEY PRO.Z.1 PRAY,S CAP MONI
1v1Elfli - NO.. 38;
• TARRCA E0A8011"R": SAID SY.)LiTiftEISTERLY LINE 0'2 EAST ASPEN TOWN-
ET= 5 43' E 166.963 TE.:?,T TO A POINT IN Cr...L.:7 nV,.
(0 it c. .5
TII TRU PONT OF :350221151;;
THE1::CE N 19 E "95 550 EET TO A S=1., PIN WITH NETAL
CAP 2 ERZ EM "0 -105.:." 55? IN OIL ":"„nT;
TBE7. S 56 E .T.ND ALONG ThE )J 'j LINE 02 QUIT
CI.J.J.11 DE NO. C-3126 2'2(21 r DENVER AND RIO 0 . P. - 11iiDE WY.,:".TER‘:
PoiTERD:'“D TO WITTLY18 R. SA A. A DISTANCE OF 120.00 PEET TO TEE
• 22 :25? CORNIER OE SAID OIJIT (MALY. DEED TO A REAES CAI' YONLI-
-2.: "0 -11A
TY:ERCE R 33°44'15" E ALONG TSE SCUTS:EASTERLY LITE OR ST(
QUIT CLAIM DEED A DISMNCE 02 78.331 FEET TO. A 5015? Cl THE
SAUYil EANA 02 THE 1101127 10 - SUM: RI
T1.1NOR S 76'02'54' E 51103c7: SAID SOUTE PARX A D152110E Of
67.143 FEET TO A DAASS SA!' 'IE.E.DTEET A1-8-:".'
TE s 24°22'30” E 22.1..e. ci.J L>ouril EArK 21 DIUSTACE 02
f. 121.293•EET TO A POINY GT IN'ERRSECTION '..:ITA TAE 'EAST RINE:
. OF TH.::: L E
sT oN 01: 2ATE. SOUT1MTERW ONE - OESARTRR OR
l, SECTJ.ON 7 AS SAID LINF. - V:AS ESTA:YEISAED - EY ILE 1383 CUI
' SUAYFTv
HA •
573:::210E LOTINUING ALONG TER 1DRORCEATD COUASE A DISTE:CE 02
.1 35.579 PEET TO A POJET OE 2EIE3R3ECTION RITE TEE RALLAYI AND
2TLAT3.713 DOUN:DAEOL ARNE AS Aca:cc 0E50N YAIIGH 26, lEM7, AS DE -
SCRTR,RD 1? EOCIK 30 AT 2 .0 I;. 47 OF T PITKIN COUL REC0 ..
TO 1152252; Ch.? 1 J -17 -s "0-2 SITUTE ON SAID MALT....M
LJNE;
TELNCE S 0 W 2LONO ',H;ATD 11?.1,LAM 1 eCDA. LINE z DISTAt:
3' 130.807 EEST TO A POLJT OF I WITH THE: SOUTII 1,11C.
OY SATE; KnR71 0N Or MI:, :701 011::-.5I.;ARTEP 01' SECTIO:T 7
20 A 12EASS CAP 202E2E11 11 ”0
•
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E211I5IT "A"
AS073.ft]Ltrivirici.Deomfly • OfciersItirouri.
t .
TIACE , LING ITIN N( .111 El[ NN OR THE , I8.1 i O: .'1C
1 C . -..,R S 89‘30'8)' 184.400 PELT O A POINT
G. I .,._ SRO ' WITL TEL , ,.'1' 1 ...., 02 A PATH*: TNN DERVER
..i) RIO GRANDE WESTERU RAILROAD DAPOT CNODNEC DATED ESORNALY 6,
' „ SAID 1088 D TO �1 R_ ._ CAP ' ,SC=:'�t.' �:. ._ .- , .. (J -3w , ID i.'G1:. 1' OP
INTERSECTION ALSO DEINC _,,.3 ]. i1,.., i.C):': 02 TH.. NO `. T :.' LINE OF
TEE .'1)D) SOUTH DALE OP TTE , HE SOUTH WEST OLN-QUILIEER WJ i!1
FAST LINE 0 TEE SOUTHWEST QUARTER OF TE}, SODTALEST S QUARTER
02 SAID. SECTION 7 AS LAS ESTADLISHED L'I KIALERLY IN TEE 1832
SURVEY NOT SUSPENDED;
THENCE O
SAID I T� _ .
S 0 W ALONG SAID ) T�,Sx LINE , _ 1_.. SOtJT..:.E[T 0_'T'-
• c, ._- ....;v C1:. THE bOJ. r �>S'� ORE-QUARTER OF �:_ 1.1 SECTION DER
X RLY 1882 sunvEy 7.19 ALONG TUE EAST LINE L \l 02 SAID DEPOT
GROUND PATi'.NT A DISTECE OE 109.659 , TO A POINT Or NTER
THE CASTLE .�, SITE
SECTION WITH Tr�i: WESTERLY Y LINE , o; r.1L �.'���rJ:, c��.J. MILL �_
CLA_.. AND .. BRASS CAP M' \LN.. - \7 M._c,_i;l 0__42
i° r " r'i `MI r $'
THENCE Pd l.0 -`.' p' OJ i ALONG SAID WESTER MY SI•L, ,_.2:, ,,LINE LINE A DIS-
TANC! O ' 9 u1 PP_;1' TO ltai. 21021211 1215 0012121 2 G SAID CASTLE.
CREEK PILL SITE CLAIM 121 AND A BRASS CAP 2Oi�'�1 21'f ELM 31 ;
- 115202 Si 74 °34'44" tl; .. 9Li27 i10E 01' 141.300 FEET TO THE NORTH-
EAST CORNER 01 THE C_ASTEI C2li I NILE/ SITE 01 115: TO A I ,-'.SS
CAP PENUMENT D.IN .j__C,; t i is •
THENCE S :- L - MILL
9'421'00" -� �•' T CASTLE :v P'll LL
SITE CLAIM A DISTANCE OF 1.. 1. C JJ 1'a'''.,',T '1'O A POIDT OF INTERSECTION
THE i 'i A 9 1 j i l
WITH THE . i:0 .,�!E".bL i,J,2' RIGHT C WAY (%i' 1I � )1.,11 1 AND 32 .10 G ue..J'
WESTEIOI I:7 [L110i1D TO A BRASS C P MOIL I N.-S "U 4'i" SAID
POINT 50.00 r ' TO II CENTERLINE ,INE 01' i a_CI<;
OI�C :_,iidC, FEET [ a EIGHT _ ..�,.,
TEENCE .> 43'07'30" E AND 2101.0 SAID NORTHEASTERLY 37101iT OF WAY A
DISTANCE OP 5;9.097 FEET TO A POINT OP CURVE AND 71 i:i< sS CAP O,4i
(1 CURVE
S E.. ., .,.,G .0 S.l �D NC 'vLJ1_,[ S i }5!_ JY . LL' -_ _,_ t..i .i..l. _L..O ?] <; A
TO TEN LEPT 121VJ1G A RADIUS 02 309.218 1,;1::.2, A CENTRAL AEGUN 02
43'16'43", .3" <. N _A- ".0 DISTANCE 02 233.601 PEET TO A POINY OPPOSITE:
; E CITATLPIJNE AT THE :,".,ND Opp RAILROAD :A' , - AND >, DRAGS CAR
J.G4'451.52" -
OS�__..,i ?4 .. -2Q r 0- 1 L; ., Ci(I;;O OF x.'111) CuKYw 1 �: :7E :;G S ,_
228.082 FEAT;
1 :' .,. S S 3'35'47" 1'1 ALONG z' NINE NJORNAL 'o TO THE CENTERLINE 7 1 THE
D 02 ERISTINIG RAILROAD _. °:C_,., A DISTANCE OF 100.00 FEET AND A
BRASS _.c, , "0-49";
• T:u=v liis ION .I.ICI.. TO TEE :516_? 0i` 90 220 AILO G TLa 602,_,
1 RICH T' OF WAY Y Ur' L I vVIsll AND R C ORENE GE __ 12 RAIL
ROAD .O :nAh AND ALONG .. Ct... , TO 4 1, RIGHT LAVING, A RADIUS 02
488.26 FEET, A CENTRAL ANGLE OR . 3 ° 16'_3 ", 751 ARC 3.591 :._:011 0
3(19. 36 1,112 TO .1 POINT 07 w _.). BRASS CAP ICS_. J. . -._
S � AA
, _. .
v --5� T= : Ci.C,_2D OE ,,. .) CURVE :HEARING: 3v 64 45'51 '1 P. DISTANCE
02 301,841 FEET;
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T:: ':c ALONG SAID TANONJT AUD ALCEC SAID SouT:SIUSTE0LY PI.6LT OA
WAY OS A 2.,,;?.MAJI OP I, 430730" V,' A DuLITA,E.I (• 66.663 l'HLT TO
A POINT OF TH0HOESCTION WIT'S THE SOUTHSRLY EINS OE CASTLE CNONS
POLL SIME AND A BRASS CA2 MONUSPNT M-S-M "051";
TILENCE N 73 W ALONG SAID SOJTHSRLY ILI= A DISTANCE 0'
41.319 PEET TO A LEASS OA? MONUMONT n-s-pi "0
TnENcE N 16'38'42" E ALONG TE0 FASTERHY LlUE OF SAID MIDI, SIT'S
AND ALONG TUE - EASTERLY EXTCNDED LINE OF ()NTT CLAIM NO. C-5795
. • FROM TEE DENVER AND INTO GRANDE WESTERN RAILROAD TO.S.ARA11 L. :KAPLAN,
• A DISTANCE 0? 8J.345 PEET TO A BRASS CAI} MONUMENT ?-S-E "0
EAJLENGE N 7321'18" W A DISTANCE OF 272.00 FEET ALONG TEE NORTHERLY
LINES OF SAID QUIT CLAIM DEED NO. C-5795 AND ALONG QUIT CLAIM DEAD
NO. 0-5796 FROM THE DENVER AND RIO GRANDE WESTERN RAILROAD TO
- : DOLT:LAS REPMCDF;
THENCE S 16 W A DISTANCE OF 90.825 FEET ALONG TEE WESTERLY
LINE OF SAID QUIT CLAIM DEED 0-5796 TO A LRASS CAP MONUMENT M-S-M •
"0-55";
. THENCE 2 57 W A DISTANCE OE 10.54 FEET TO A BRASS 0712 MON-
UMENT 2?-2-5 "0-4";
THENCE S 84 W A DISTANCE OP 164.743 rEET TO A BRASS CAP
• • MONUMENT M-5-2] "0-3";
87 W h. DIST1110E OF 88.957 FEET TO A BLASS CAP
3.1.0NONT M--8-M "0-2";
- TEENOC 2 14 W 71 DIPTANCE; OF 75.829 FEET TO A POINT 02 1252113-
- 8201102 WITH TEE S0UTI?..773,STTri:I.E0X LINT' OF EAST ASPEN TOWNSITE AND A -
BRASS CAP MONUMSNT m-s-s "0-1";
THENCE 2 43°10'34" W 7120110 5312 S01, L122 A DISTANCE OF
4085899 FEET T) THE TRUE POINT OF BEGINNING. .
EXCEPTING THEREFROM;
A TRAcT 071 PAP.CEL OF LAHD WITITI TuE 6O5111 C. ,73 0? TIM 305111-
WEST ONE-QUARTER OF SECTION 7, TOWliYiSrITP 10 SCUM,. ',LANGE 34 I:CEST
OF TEL 6T-: P.M. AT ASPEN, COUNTY OF PITHIN, STATE OF C01:ORA?0,
DESORTSED AS 20EROWS: COMENNOING AT A POINT 02 INIEPSECTION WITH
THL NORTH LI GE TES SOUTH 0111;- 57121' 02 THE SOOTNHEST ONE-QUARTER
AND 'INEE SOUTJIHOSEFRLM LINE OE TSE FAST ASPEN TOWUSITF SA1D EOINT
DEARING S 19 10 A DISTHNCE 02 1417.404 2E111' FROM. THE W:ST
ON? CONN2R OF SATE SECTION 7 AND SAID POTUT BEARING
• S 43'16'31" E A DISTANCE 02 12.266 rErET FROM BRASS CAP MONUME:IT
• NO. 38;
THENCE S 43 E AWO ALCNO TEE SOUTHWESTERLY :LINE OE TRE EAST
ASPEN ICHNSITE A DISTANCE OF 275.864 FRET TO BRASS CAP MONUMENT
MS:-1 "C-T
THENCE N 14 E A 5r5 "05(0? OF 75.829 FENT TO BERES CAP MCNU
.
111111 255 "3-2";
THENCE 9 87 E :A DISTANCE 01' 88.937 FEET TO BRASS Clrn MONU-
• - M',:IIT MSM "C
THENCE N 24 2 A. DISIANGE OF 164.743 FEET TO 27 CAP MONU-
MENT USM 0 0-4";
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e -
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TRS',CE S 57'3S C. A DISTA,WCE OE D.51 FEHT A) L:::: cA4 isHy-
:,1 .Tcs 5 0-55" AND Ti:E SO1TTN7NSTS CuRi:ER r QEL CLAT:1 1,2DD
•
SO. C-57")5 SAID CORNER ES,0X THV TRSE . ..CET OF PEE.,...1:6C; TRAN0S
hi .S 373G3: E AD AhOlIC Tla: SOUTEENEY LiNE, OP SAID QUIT CEAIE DREE
-,s 00 -,- ,,,,,,
NANN_T, c.J.: uo..b.t.D rr.i.,1;
,ik TITENCE S 7 S AND 7 107 cAin SOUTEERLY TWIEE OS 0E1T CIAISI • .
EEED NO. C A DISYNCE OF 36. 88 PERT TO TEN L
"
CON•; 02 SAID QUIT CEAIE EEED; •
I\ TLEXCE N 16'38'42" S AND AL0: THE EASTERLY LlflE OE SAID QUIT
C1..AT:1 DXED A DISTANCE OS 113.52 FEET TO THE NOPTREASTERTRY COENEP:
OH SAID QUIT CLAI• DEDD, SAID EORTHEASTEPLY COIKT:ER DEARS
N 73 W A DISTANCE OE' 150.00 FEET SPOI'l; •SY1 iinTss CAP 1I:07:15 -
MEET "0 - 56";
THENCE CONTINUING ALONG THE AFORESAID COURSE A. EISTACE OF 2.42
FEET;
ThENCE N 75 W A DISTANCE or 129.012 PEET;
THEHtE S 14'58`42" W A DISTANCE OF 94.346 PSET TO POINT, SAID
POINT LEARS N 57' W A DISTANCE OF 4.377 FEET FROM TEE
SOUTEWESTERLY COHER 07 SAID NIT CLAIX DEED MAREED :2Y EPASS CAP
PliONUEENT
2911 "0
'
TERNCF S 57 E A DISTANCE 07 R 4.377 FEET TO TEE TRUE POIET
OH 7E01E7NI70 .
•
EXCEPTING THERE 5S:
A TRACT 07 727:725 OS Er•AID 2I711I7 TflE QUARTER OF TEE
, • SOUTIWZST OE OD SECTION 7, TOWNSHIP '.10 SOUTII, 1011C: 81
WEST 02 TEE 6T11 PRIECIPAL WIEHIDIAN, DESCRIBED AS FOE •
COXITENCENC. AT THE SOUTHEAST COlWR OE THE NORT=ST QUARMER OS
TES 30 UTEcA.:E5T QUARTEr; 02 3207I0::: 7, TOWNSiliP 10 30E77, RANGE
21 L'EST;
• THENCE NORTII E9 DECE=S 32 MINUTES WEST AL•0 7E1•.: SOUTH LINE
02 SAID SUIMIVISTOX A DISTANCE OS 184.1 PEET;
• TflEECE . .EOETH 53 DECREES 35 ITIEPTES WEST 335 FEET;
THENTE KORTH 1 DEGPEE 15 NIA6TES :AST 100 ESE? TO THE TRUE POINT
OS 'SECIX OF T: ::72c OE' Ell.',,Th EEREIE CO
1312E0E KORTH 7 DECEE17 45 MIELTSS W 154 FEET;
ix 02 SOUTH 12 DED:TE.H.'.S 10 .■ WSH•;r:7 324 EET;
TE.SECE SOUTH 57 DECREES 47.E11.0=3 - EAST 36.98 WHET;
THENCE EOETH 27 DEGREES 21 MINUTES EAST 197 PEET TO TILE POINT
OF BEGIH'NTENC. •
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this Commitment is delivered and 0ccepied upon the understonsllny ,hot:
•
1. The Scup morecogc, w used I:ctctn, 5110H inclu:'r.de:d of trust, if c.st dead, or (1110; 50001 it/ inStrUrnsnl.
2. This Commitment shall not he valid nor effective and no liability shall arise hereunder until the Irunscclion ar trons-
actions to be covered by such policy or policies have been disclosed to Ih• Company end stated in •Schedule A. 0:
separate writhe endorsed hereon or ottuchcd huica signed by the C carpc:ny; provicicd, however, Ihot the provisions of
this paragraph shall not apply if subparagraphs 1 (A and 1 (%') -:f Schedule A hove been completed by file Compen,
the issuance of this Commitment.
3, This Commitment is preliminary to the issuance of ;r.ch policy or policies of title insurance end all Company liability
and obligations hereunder shall cease and terminate six months offer the effective dote hereof or when the policy er
pblicies committed for shall issue, whichever first occurs.
Issuance of such policy or policies is dependent upon the compliance with the requirements as set forth in paragraph 3
of Schedule r1 hereof and the approval thereof by the Company. If the transaction cnmfemploted hereunder shall he c cn-
summated hut there is a failure to properly comply with such requirema+ts, such failure to comply shall not preclude
• the issuance of such policy or policies of the Company's option with exception in Schedule [3 of such policy or poi -
icics for the mottcrs to which said requirements relate. Feuurc to e: r,Jy with sold rcquirercnts si..ail net
• the licbiliry of the applicant to pay premiums or cancellation fees which ore properly due.
Any policy or policies described in Pareyroph 1 (A) of Schedule A hereof will except any deed of trust or other encum-
brance called for under Parograph 3 of Schedule A hereof.
•
The proposed Insured hos no actual knowledge of any defects, Loos, encumbrances, adverse Claims, er esker roctr :t s
effecting the estate or interest or mortgoyc thereon covered by Ibis Commitment other than those sb0.sn ir, Schedule G
hercc.f, and the failure of the proposed Insured to disclose any such knowledge promptly in writing to We Com, ::.y
zho!l render this Co:nn:itmc tt null cad void as to such d;fccis, liens, crcumb:onces, adverse cioims,0i ot;cr melt0:s.
The policy or politics to be issued hereunder ,6011 not be construed es insuring oyuinst defects, HORS, cncureb cru •,
acivrrse elcims or other matters created or ottaching to said esta'c ar ihierest or of which the proposed Insured r.
(elves actual of constructiv•noticc subsequent ie The effective Jute hereof.
•
iAr,y oclion or actions or rights of action that the proposed Insured may have or may bi r,cr against the Cornnnay eri; ir.
out of the. status of the title to the estate or interest or the mortyoge thereon covered by this Commitmonr mur.t
boscd on and is subject to the provisions of This Commitment,
•
( ;ability or the Company under this Commitment shall be only to the named proposed Insured and suchpertics isacludird
under the definition of Insured in Ike opplicnhle policy er policies and only for actual loss in(0r,eci it r: tic :cc lIercon
in u,dert icing to co;aply In gor:d fouls, until tsr requir_r:c:is hereof, not axceeci:nc be s.•.at,_it stated in Schedule. ,CC
• the applicohic.piolic or policies, subject to the insuring provisions aria all of the CondHons find Sti ;,ulcions of ^!
form or poli or policies committed for in favor of the proposed Insured the provisions of which arc horoby r _or ::
abed by reference and Oro ;node a port of this Commitmcnt except os expressly modified by the provisions hereof,
•
•
•
•
•
465856- ( „:
1 SCIILDULL CONTINOLD C(7) Tm NT NO. __- - --
n
S H C C 1 __ __ -- -_ _ OI_ Cl _
5. Right of the proprietor of a vein or lode to ('-:c tr c t and remove his ore
therefrom, should the Gem_: b0 found. to penetrate or intersect the p_c-
1: ises hereby granted, as reserved in United 8Lntuo Patent of record.
6. Private Way License for the.construction, maintenance and use of the .
private ray or private ways granted to Grant and Company, a Colorado
Corporation by The Denver and Rio Crnndo Western Railroad Company, a.
Delaware Corporation, in the instrument recorded January 14, 1571 in ' -O-
\25 affecting tho iol o`i n g 3 property: "A 10 . ooit
:J.} a., Pagc 107, af'eC`: 7 i �.,� described Cl`j i cJC
wide private access foal encroachin upon the property of the Licensor
at Aspen, Pit)Cin County,. Colorado, within the Soutnweut Quarter of i ec-
tion 7, Township 10 South, Range 84 West, Sixth Principal Meridian,
• described as fol1.,;s. Beginning at tho Easterly line of Mill Street
• northerly of said Licenser's I.C.C. Track No. 32- -l1v. , opposite Milo
Post 401 plus about 1560 foot; thence Southeasterly parallel with ;<ici
tz•hcic and on curve to loft to a point in said Licensor 's northerly
property line opposite Milo Post . :i plus about 2010 foot...” "for
1150 01 ingress and ogres 11 .
7. Easement_ and right of way for tho construction, operation i,jon and maintonarm
of water lines as granted to The City of Aspen by iho Denver and Rio
Grande Western Railroad Company, a Delaware Corporation, in the iostru•'
Alent recorded July 11, 1Sn in Book :4A. at Page 087, affecting the
following described property: 1 ', . a 10-foot wide strip of land being .
part of the Aspen Branch ri ght of way of The Denver and Rio Grande
Western Railroad Company in )'i1 ? °._in County, State of Colorado, the
centerline of said strip being described bed a n follows: Beginning at a
point opposite Railroad road F C i Station on 1l x.50 and 10 foot outi ( ` i1
at rij,ht. angles from the c:c e __a.0 el '
„) 7.n a.cut granted by said Railnere
Compan - it District;
t0 Aspeit Metropolitan Sanitation thence Southeaster
said no of easement t� a point opposite 1. C.C.
parallel l CI1 i 1 said C C'll' ti .. � l..c t, t c
Station 2162/15, . s said centerline Of easement granted; to nald Sani-
tation District is described in Easement Decd. dated Juno 4, 1935 and
. recorded c d { 1 the rcco C-4 f the County Clerk and Recorder of P1 J . n Conn;
in Book 241 at Page 84D, 811, 812, 812 and 8 iiese vin 1owev
unto the party of the first part, its successors and assigns, the right
t0 use said strip for purposes pGS(' which will not interfere with the second
party's full enjoyment of i;i'.f5 rights hereby granted....”
8, 1 )'.anement and right of way for the construction, :itaintenance and repair
1 of underground sanitation utility lines and/or entfall Tires, as tsninttn
to The Aspect Sanitation District aol The Aspen. et opc S.tnitr irn.
1 District by The Denver er a td Rio Grande Western Railroad Corp 1y , a Dela-
\
ware Corporation, in the instrument e ument reco1 ded June 26, 1969 in Peek ..
• at Page 810, of ::c.c 1:in.g property cosoniboc thcrein as set forth on shoot
.attached hereto.
continued ---- -°--.�
•
;�iOTc: EXCLP ?;0 ?d N.._.. P:UT A. PE An III `tt is 1r ^,TGAG:
POUCY TO 6: ISSU I% HE
,
- 405556 r--
;CHCI'>ULE U CONTINUED CO!,!AHMC;1 NO. __._- _- __ -.__k,
9, All existing; roads highways ditches, pipeat o:;, rights of way and
easements therefor,
10e Encroachments of fences, fenceli.ncs, and buildings shown on Survey
u.17 Meurer, erafinf and Meurer, dated Juno 7, 1966, together with
• any and all rights of parties as claimants hereof,
11. Any tax, assessments, foes or charges by reason of the inclusion of th
• subject property in the Aspen Metropolitan Sanitation District and
Aspen hire Protection District:
12., ' Right of the proprietor of a. vein or lode to extract and remove his
Ore therefrom, should the same be found to penetrate or intersect tho
premises hereby granteci, a reserved 111 United States Patent recorded
Juno 8, 1888 in hook 55 at Page 2; as contained in Patent recorded.
December 24, 1902, in Book 55 at Page 133; and Right of way for Ditcbc.
or Canals constructed by tho authority of the United Stat.e., , c.. er e •
in United States Patent recorded. August 1st 29, 1953 in Book 185 at Page 6
13, Easement and r:Lgilt of flay for Highway purposes as granted to Pitkin
County by the Denver and Rio :rand Western Railroad Company, a Dclawa .
Corporation, in the instrument recorded August 21, 1953 in Dock 153
at Page 132, as sot forth in the instrument: attached hereto,
14, Any and all outstanding Leases and Tenancies including, but not thine.
• t:o, Lease Lse d� May 29, 1956 and recorder. December 31, 1956 in LC ,b 17
at 1. -1.1;0 443 from Thu Denver and Rio o Grande Western Railroad Company,
a Delaware Corporation to James S. Adams and W. 1l, Lane icctIviduaThs
and Aspca Truck Lino, a Co-partnership composed of said individuals,
, •
affe t i.ng an irregulao7 tract of land being part t o f the property of t.-...
1.cS;;or, at :,n, Colorado, lying Northeasterly feet
• - Northeasterly ^ J'igh angles ,'O. and parallel A4 the centerline
o. id. lessor's l ,Oil LranC . Eain tract, containing out (SOJ scivarc
feet, as shstm On , .__4 instrument "froeA Juno 1 1956 unt •suss time
• as this ag 'eement shall be terminated,"
i
.
.
t'iOiE: CXCEPUON WILL NOT APPEAR IN T}1E M0,RTGAGE
POL ICY 10 BE ISSU[D iig-R :us[ IR.
•
•
t •
•
•
20„ R, T'?.T.)1\1 AND C.C.:1: an Chic; NE) :c.:0
• WI:;51..•1".FC 11YEI-110 Co: 2i YT, a D:112;‘, corp‘s:sa.t.i On rcir_Trc. I to
as "Cc7:1 ) for ar.:1 in cc ,1 .1•:.,D.C.-5./).1 00,/ .33) in
co an1 cana_dcratio, •eceir,•;_ •,,n
h.:1",702 o , o c u:11:o . c '2TY:751., 1) ; I? r 5 , •
. ECteC.:2520a."3 an as:.1.9 a peract_nal scr:2ar casa:nant 3.1 ri?h1 -of -way under that
sluzna, estatc: ZlflIi jntcreo.t. o Gra:IL in and to any Dartinn o2 tn.:: loaal
sft.uata iii ba County of Pithin SL Lc of Colorado as 1.14-.scr07 on the dr:w-
in? 1 .5blanson-Innufolic7.; ic,r;oc3 at.....-2, It2flC i Ivaret 2G ExIlibit "A" ani
Luac. a par:_ bal by reference e_Trc.i;. "3± 23-17.
Graorr. hccchy c:.iitclairn o iCLaus. F. Obaaarlaycr tic' right to e.../civate for,
rcpi naintain an.2. us o• a sa:•:2 rpai lino within said
In th u. cRiant. that it in riacasuary to napair or l•ninta.in any sc. facilitic9
s casc:r2rit, ob.-..r.Acysr tIi1, in:xi:7[yr as
rcE: tnaa ifaa. its ccicf.nal co:3::1L5.011 Ca a tal7:a.
•
such .7.:o2air
shaal2cl tha cp..a.u:La ar: 3 / 1. ±9 ort of tlia ar:osc.
srauvica in interfere: tha con: af roacia ccros, or 1:1i7]./32.nif.; on,
Cie puopar'cy, than :Claus F. C.Cr.or;:-...cyor ids 0;:ntrti.L533 rilocate
tha ci.dc and,/c7 alicarnr_•:tc. of sai.L.71 scvjce 110?.
12:1 D',21.1a:::71) this jr7 o5 1073.
GR
THE 210 GXD I•clh3T312\:
a Da17.,:•:a.D.: corr.o4aL1 on
By
•
•
ON :2; TT:Tr: 1 IC„.:3 IDA:;y, an Ohio
F.
0' cy1e:t
cucuor.:11.7.3.0!)
CI.V•f:3
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•
•
•
Dalayare co:Tora.:c.ion.
';!• C.C.C.±i.S5L
Id my h.aail anl off icla)
•
•
licabary Riti if:
ETXi 01' •
COT.ORADO )
• ) 83.
C01.1:71.! 07 PritiCIN • )
•
• Tbe fu:scjoi_n9 21tclam Dce of Esait tms ccknowletqc9. 76<afora ma ithis
• at,y L.73 Jar:: R. 'la as Pros
, an 0: cc y :
•
•
',"Cy cv., expires:
•
Witness my hand ard offfi:.t1 seal.
•
No tar! TuLlic
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ION: SEC. a. co. s r.,
r
c-, S,
E .
• i
• .. • .
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(5)
)1722 R. TRUL & 0Y2) ?).11 ohio (:)" - 1)21'01:7. iJfl, .711^111 j r” :'■
GRANDE i'IMGT.E PAD PiAD CO' C.N a t i.nn (I':ti iut Ctrs
'C;n:rd ) for ar,1 in coi)iordLion o C 7),7L) CW (;;; ;";)
in riTcri 0ich).).1: (icy:x.1 i-rri rece-31)),t. ct
is irireLy acir.c.-)wlodgo-1, do hc)r()by crjitcPuLii untn Ac.)PR2: 0)1):. CO'2A4Y, a OCT.OY:"..0
corporation, its rospoctivc SUCCeiS0r5 ar).1 assigns, a p2fpau acccbs eqso-
171)2.nt and ri0L-oT-wi.v over :hit share, eoLatfr ani oc Grantor5 i)1
to any yerLion of the r())))2.1 proporLy situ in Ur
State of Colol as cpr-oriL). in Lichib:...):). attach:v ho)roto aflL a p)ft.
hereof by rerere u.ci accoss sbGnlJ suFficic)Ilt to
grer and cqros from tiv:)), Grflntec's proporLy (.1. in Dxhibit - 2' atLachcd
licreto ara re a pa'LL srco Ly refeYchoe to th(2. closori). 0 or
rir.31 runr through bin p).. of Cr.:ntors lyiro cionoTaTily
of Mill Sic.reot a)fld No), of 0.i n 1Thrc)o.t.
Sall iicc5s ease..lro.t sb be 1).)--3d cct in acc0).. CfaitoYs'
sitr„)) pinn aril shall in n7....) way inLcrfore tho us?s Grail
put the prc)perLy.
kirff172, siaici accoss bo of a .itJ 1r1 . 1 a s)iitable.
to insult its acciortsIbility by tb: nceac.o.ry dr.7 of thm City of
State of Colorarlo.
IDir,1711.1.) ana v: this eay of , 107
•
12(TESTa T 1),7Y) TIO C.7 7:1'7757 1 •
RUL,71CY).1.) C.:12723, a 1 2):1cr , - .1. o cor
37) R . - i);) C,‘");").;;:, an
• •
1 :" 7
U. --.72s R.
Ai 7AC :L0 TO AND re;e4UJ , I of CCM� iiati:i rte. �' -''':•: . —.
•
.s8, :n I ____- -_ -. Cf 10
.. AM DESCRIPTION: .
.. a „ .._ -___':__
• ' • ll part.•of the South ono-half of the %outli' oat ono-quarter 'o; section l
• 'fowac;llip 10 South, Range fi'i llo:;t of the SI.) :th Principal Meridian, Ccuh
• of Pltk1.)1, State of Colorado, morn particularly described as follows;
1
I
t ,
Commencing at a point of iT?ti:C:(°:;OCI:i071 with. t, the nOI'i:1 line of the
• said Sol.th one-ha1f of tho Southwest ore-quarter and tho Southwesterly
to J.y
• lino of 1•asit tu;pon own Site, said point bearing S. 19 E. a
• distance of 1417.604 foot from the West one-quarter corner of s d
• • Section 'l and said point bearing S. 63 E. a distance of :2.266
r
feet from Tina:,,, Cap Monument No. 38; thence S. 8cJ ° '0`31" E. ..ion(; the
said North line of said South ono-half of the Southwest ono-quarter t.
distance of 75.681 foot to a point of intersection with the La:;tcriy
line of Quitclaim Deed No. C- 5'198 from The Donyer and Rio Grando
Western ita1iroacl Cor.Ipany.t:o Nroci 1). and Florence Eder Glidden, and
being 111.0 true poin.. of bon o1 Tract "�' " ; .'C', described I
1
_(' Li) lC'1;c7'i lJ and
1 b ' n physically loca tC an the e grou 1d by a 3. I L'1 square concrete
• .110.ILI1.oat • set by Meurer, Sera . n1. and Meurer, Engineers, havin a
bra :m ,Ca) marked M-"C-h ''0-61 "; thence continuing along tho aforesaid
Course a distance of 738,765 feet to the Southeast corner of Cho
Northwest one-quarter of tho Southwest one- quarter as said corner is
3ocntod by the 1866 Cutshnw Survey; thence continuing along the afore-
. said course a distance of 37.614 zoo'.t to the intersection 01 the .,a_ >..
line of the ballam Tract with the North lino of the said South one-h..1._
..: Southwest .. . . _.
of the t�l i)C one-quarter tL_.' Ox Sr tl� ��, said line be x1(� �. _ � .'.r^
. 1 by thut certain cu;lobange of deeds ho LV IC e e 1' l l x s and Williams as
recorded d o; M 1,L c1 25, 1837 in Book 0 at x) t o t7 and Dock 65 at rl I o
111 the records of t ho Recorder coI du. o:" :; t ki n County, , col said iio also .,oils
'i I ) 3r: - L " 1i I'; thence coo- ..
• • 1 ldCll i'.1 ;. 0.l ;.1;1C, located I. C, (x lJy Brass ,., t,. T? ,.GTE:, .�Ix .i ^it 1 --�a
. - • l,'..11i , along the aforonaid course a. distance of 1w feet to a 1-2cini
of intersection with. the Fast line of a Patent to The Denver and Rio
Grande Western. 1.( it oac ; ono` grounds dated February 6 1688 ,.
1d to ;_
Brass Cap Monument .>. - -ti-- 4 "0-8e", said point of intersection a l s o L. :_:.
intersection C'.L tho North t h l ilne of tho said South half of he )IrC.h•.
. 1 t 10 5u ; l,o r With the east f _n; 01 the Southwest quarter of the
,
t ) Lh1 o';1, •' L t. IC; of said Section 7 hs was established 3 'n im )O;'
rte 183 r _
survey �i i10� suspended; L,T U1 e 1 J. 6 " W. along s"t'Cl Raht
• line of the Southwest cn o11 i
Section f per L. ;` r V - . 1 ,882 Survey vey ;1 along the East 2 no of
(
Depot around p :G on(• c. distr.r.o c .Icb ? ioo., to a
tr
ff
.
I
A(1 /.l Uf X 10 AND I01 ?6�.'.r;� 7. I'A1 „ _ -
i ;.71.'. i. U :' Ci; 1.' %' /( /: C(J;ilihi,; iI
'1;..LCt "A" continued
t Westerly line of the Castle C,' 1e% ' 1
• point of intersection t;itll 11< 3 /t`f�1! ,
0' l,I0"
"0-42"; 1,117. u(ln N. ��, '
Si i. <? Claim I: i;C1 a Brass Cap Monument 11 -Cr - M
E. along; Cni -d \?c7;Lorly Mill. Sito line a distance of 9.381 Jent to the
Northwest (oi 1 r of Raid Castle Creek. Mill Site Cli(;11 and tl i1;7.1,et f:;(3)
T,1 1 thence - 4 ( r4 ,,f " . a 111 -sL InC of 1',1.300 feet to Monument ll.. .� i. � > ,7 .. .� x �'c c .� ...
t cornet of ile Castle C reek Mill l_] 3 t e Claim 1 „ to 1 1,: ,.,;r
, �C)l bUC 1 +u �
HEM 3 -6 ; S. S ° " - -`00" H. :.1 -one; the i'nnt 1110 0,
4 .61 foot to poi at of
C. ::le Creek 1AI t.l). Site Claim Pi distance of ��'. � '
intersection with the Northeasterly right of way of The Denver aT ;(1 Rio
1,1- t1 r
S - , i II0..4, ;1 k
Grande e 1;Or;1C1 S'Ll Railroad to A t1a'fl F1 f3 Cap Monument �, � I ? t] i.
point bcin 50.00 toot at right angles s Co l;3 e centerline of track;
• . - i't11t, of way a
�i ;;.Ciu 8, i .) O7' 1O li i A) f; .ICI Northeasterly t, L�` 1'A J
_ distance of ;69.097 root to n point of curve and a h1a(;i; Cap Monument
ent
M -.S_.M f "0 ^47''; tlxcllco along said Northeasterly right of \4a_/ and along •
• a- cu, „e to the loft haying a radius of 309.26. foot, a central .I le
• of 43"16'3", an ra:'c distance of 235.60J Loci, to a point. o }:,,oni ( the
and a Br.u;o (.a`? Monument
C e :i:( .t ,. fiCl f t tli r oral of railroad tracks , ���-
M-5-M "O-4R", the chord. of said curve A e ) ring S. 64 L E. Ut `:
ta of 228.083 foe t; t1 cacc S. 3. 35 W. nioai; a line norr-ai to
the centerline ine at the end of existing railroad :. a ckt' > a distance of
100.000 feet and a Brass Cap M0nUfl(11C 7 '-. "0-49"; thence on 1 angle
to the right of 70 and ..1077„ • the 8311 Southwitsterly right of Way of
The Denver aIid Rio Grande We.;tei'11 Railroad Company atnd 1110 :1!: a curvO
to the right having a radius of 409.26 feet, a central angle of 43'
16'43" 1 ail arc 0)41 iu ) o. iO 1.36 fctot to a. point of ta11 C a .1 Brass C V) Monument l S '0 .1 ill chord . o° said curve bet c-
bearing S.
64'45'52" ), 7 distance (-_ `;(, 8 feet; thence along said ;,ail,.
n
� and I-on[' _d Southwesterly ♦ yiit C_ way on ;l boar, 1 of N. . i (r f -%V'
W. a distance nce of 66.668 feet to i1 point of inter.;CCt%011 with the •
Southerly line of Castle Creek Mill Silo and. a Prasu Cap Monument
"0-51"; ti] - N. 73'56'00" said Southerly lino
CL:
1 5 ' r a alonr ail LL 1y lino Of said 1 1 Mite C. � 1,
as f y extend C C lino o 1 Qu i t C_ y (' C 1 ( 5/ 5 o' I 1 C. , A
and Rio Grande 110 per: Railroad � to S t_1 1a 1 ap1a 1, a C ir-i , 02 .
4 a .- t
n a CeititA... a of 272.00 Letet. 1 the Northerly linos of said 1 "t
claim n Deed toe C-5755 and. along 1 ) Deed iAO 1 96 lk'0 The
). and Rio �, . eat_ J f a .,.i, r ..ti o....' r 1 . 4 o D .lr s . c nodo .
con,t.i11U3C' ._......_..
•
•
•
•
•
•
•
A I IAtl f
• ,J A).0 1 01.Mi;,i -, A /'I { t,. , : �•v.i I,... 1. _
U'.C::ba
;::61c1 e i.Vta
1 T; c t 1 'A" continued
to n I;r
1 ;
1 t 1(11'. C'. C S. 1(1 Qu 42 1 C-5796 to 1 ';r t : Cap l,i USlkII ent. -s
line "; r.,lid (2111t(_' x 31; 11 31" W. ,t distance t>1 (1.t) feet r
A,. .:,`t1CC N. :)1 ° r t u q of 1CJ< li.,
Call D �,ou1t: :t-S li G ' , };'? :SU' " „ � W. a
"C-:;”; tl enCe N. Ii lii'fi:.9 Cap i Monument 11 >__i�i 1 . 11• th VIiCC J.
'C to - "r.
� � i O Mims ;.� l ll; i�. U�l Al 111 t. ii- n °• -2 t
t•. �2 JAI foot " •(: t0:1 with
Ci is 2 9 ' (. 'of (i 1 5 !'Ci feet to : point. of 11.S1ters Ct
• �. ')t)t 1 t1 }`(. a <11. li t.lU:CO of �jJ.�<.. 1_ and a lii•Il.:,rl Cap ;1(l.Al,
. x o i ^ 'East " pen Town. Sit a 11(
�1 n Southwesterly lino _ , 1, no
a
j ` � "' q (: )•1)c1 Southwesterly ;
,t t I ft �� �.'1 " j thence 1 e ri >! a W. along + ..
1. ,1ti t)i the `01.the
nos;ofa a of
'107,359 fret: to � point o1 intersection with ,,.
line of Quitclaim Deed No. C °� )794 from The i)e1,�(r lu liio !,r r
Fred Western Railroad t0 IOSI D. and Florence Elder Glidden, said point G,. �. �t
a'in a.. 43 ° 10'3 >" E. a dth n1CC o/ 18,465 . feet to the 11 te.
hearing Southwest ono -quarter
line of the South one-half of i;ho
of the North . Southerly lino
7� ' �0 OG' 1; along said °
o: said Section 7; t:huncc S. E.
C -5798 a distance of 8 feet; thence N. 12
O1 18"t2. a distance No. C-5798 line of Quit-
n ] r o 1 I l lr said 1 j l t t (, I
,] �OCi, F
)lt�ii 2;. P (11 iZ.Ja of (>l i said :; .. ..
clai C-5796 to the true point of beginning o1- , a .t r
1 �
> from the herein d C: i. i i) e d '1 I r' °
herein t c ±t1n tract of 1 described; and CL C 'c - and It1a Grande
that certain l�' c =1 e ycd by `ll O Denver
n and Cr V.s i.a May f 1C'.Oi kiOri by Q....t C,1 [.i:.
11: ;tern Railroad 1 u=.�,. ny to t t� o
Decd Ncm C-5754.
•
TRACT
It
_ -t Southwest one-quarter o" fr ^,'.0: 'r'_ •
A part of tho North ono-half of the
Township ",:.1 i_D 10 South, t 1�'Ln[`U <. �, }ICI l of 1.1:0 Sit !t x'. Meridian,
S - State of Colorado, more particularly described i County o% 2i..,.1. Il Wit, li.i O:. 4J } as
Co :: .tc...,lt', at a point of intersection with the South line of sand oaf
v t i ono-quarter nd the Southwesterly line of {.11•
•,.", C) aBJ: .i o♦ the a Site, ,;:� -. 1�, ° '48" J A C -. i,: l of
Aspen Town 5
I ve , 's Joint bearing l .1 11'.
ono-quarter 0 1 ? Of said' ` o(, i.o 7
R P-, 1417,404 foot from t170 } C ,t . a .-) ..., and
C of 1/ 56 foot < r . '�OjS.i lie -1; 11, S. l� ant fAn E. Qi.i �A 1°.0
89° 0'31" 1 g i(t South
i.n .t.<< tao,]
of said No. ° one-half of the Southwest one-quarter a C st o of ,
75. feet to aa� point of i,l C Je A.C> with the Easterly tc' 7.y .A.i o of l t
lJo:d Noy C ' /41 C The t� [.- and 1t . V i0 " Western Railroad
r tt n from � nJ J: a dC l 1. ' '
1 '1..1C Florence 11 7 A',li <1 Glidden, a1 J✓f 1 11 to t`
CG .r? t � i O A a u U -
� r
- At of beginning 'l. aJi, "EP he o. il '.o, 1 i .5. and aoj ) ',�. c is
.: 1 _:.1:-Y:4 by J. +. .. sq..uaro concroto Aoni.r:ont
.
1 00.1 i .- I'+12
.
, .
/ /• ',Id) (L':. A i', :1: 6; 001:.1!.1l:'.i t rC: /./ r.,:/
Al i n 1/ 1lr
k/1r •
• :
1 -
i OF _ -_- � __ _.
• ,,
I .c; ii continued
?I i.1 • ? n<7orn , hay in .
a YI/ c :t,l
• by Meurer, S. , n f ,.r.i and :• t'.�a' , (. 11
ht1, r1 1 2r 51' 11)" E. iliolq[ the Eantoi ly .S
;<t, f �.G'13 foot to a )fi',u.;N Cap
O, said Quitclaim Deed Qi.:, itCp <), 1.
9' 11 " W. along 'her .au ler i l thunce N. ;tir iL 6.l +rQ foot to a i;'.',l ,
lino o. said Quitclaim Ducal a din o o J.
„ "0-25"; thence N / _; t, 0`Z/ W. aloe,(; thu 'l
�
lino o : x said Quitclaim , Docd ,L distance e Oi 66.024 foot to a li: r , Cap <
l 457 ,' W. along the 17c- itcrly ;
M -S - -7i "0-26"; thence ° ` �_
n
Monument .Q,t,,t<�]ai Deed a distance of 81.259 fort to a point of inter-
e ;a
1 ) '1 1;Z'ly lino [' �,rn 7011; Si ;;j.<� t0 � )-'arl .-
. Menu c n with the - LG
7 " - r �t 0'3i " C along bald Nol Lh( L li<.n .,,
�, , . _�i "0 11 thence :� < i, , 1 ,, W. (' „
i S U
.' •!tl .)(/1, foot C , t t0 a )iz"a � Cap Monument L ,•1 ,
lino n C N. U
S d.: t ..150 O5 a
thence E. a d1 t ti i;(. of 85 S .1 foot .to Hr4'36.200 G'i Cap Monti-
° 1 n I :cot
�9 ", thence N. ,l OJ J1 l a c,i tr co of
r.�nt 11 .�',t 0 -.. ,�.,z'c
' ' • to a point 50.00 foot Westerly fro is the c en to line of ti ac t L`; �,
at right angles m lcs thereto Lo Hi tans
(ap , ;u 7' M-S-M "0 -20 " thence
N 7 W. i 1 0 i i 1e parallel to a d 50.00 foot Westerly C
' point ^ ° '� 421 foot to a 1 the
the Cil �Ol'11iio of tC) distance iCt, �.,
>o't't-1} lino or Hallam. Tract from whence the Wont quarter corner of
00"00' 00" W. a distance of 500.244 foot; tl C;IC
said Section 7 boars N. of JGO,c' t,> a
C� i0 °00'0U" along said Hallam :11 lino a distance oa fey
. - • S. E. /o C. at.
from the con e ] ..:o of track an :l:�l t-c'
point 50.00 foot Easterly ,,... 1 _
°58' and along a lino p, ii0'
right .t,1(; xCiS thereto; thence S. rj J 4v E. .
track a 01 .`: CC. , of
to and 50.00 foot Easterly from the centerline of
a M Cap
:i'l (7. i'F>'7 foot to a point O:. curve, a.0 which. point t 5 -. i _,
° ) / 1 , 0 v i
Monument 1 Qr_'_C "0-6A" , 1i':! S. 7°53'45" is distance v' :;iii .501 :.'_
and heroin 1 L0c an a A 1 . G co corn or; ; Lh ice l n an an t e to t7 e left
1, lino o f Quitclaim t C i. 1" . d :) C''_
GE 5 )�)'.� ` SIC. along I �; t 1C. 1C P LvC : ) c _ /.
'
I along curve ? the left having radius rld U' 668 00 feet,
• a424 central 1 angle ' 1 Or in ° l. /. )V`p arc distance IL of � 252. n 0 foot, the C'
S. �5 0' 4 .0' a a distance Of 221.03 foot to a
`_" l pin. with 7 C_ •c al cap ,1; „ . -: 0- I t thence ..
1 �
1
E. and Duct',
, 1
along r - -I tCi 1 Southwesterly 1 ] nC of Quitclaim o � C -424
North-
:from the D VU,. and Rio Grande Western to L McKinley
a distance o,°. 161 ,022 foot O a point U 7 .tC Cct on with 1 1e
'V lino of Quitclaim DeCtl, i3O 542 "o/. The Danvor anC ilia
1t .,h .., 'Raitiroad Company i,1? tho Eitkin (' / .:1 c: y 1 )0,1;°C4 or County Commis-
.
17°.1 : 11 W.
a;1C1. n .
I
C.o A,_,..,r..- ,....,.
i
•
.
.
• -
. n, „1.
. . ATIACI�LD TO AND rt aNN( A. PAi: 0/ C --
• I j. .hh.x i.
, . ._j- f V
ri , co :Ctih l
I
- "b” co:ii:j,alit'.(1
C ; .
- 62.822 feet to' l brass ( `il ` fl i "0--(.);-.";
'
Quitclaim t t �• (} 't. ( , k , a <.C o.
('. li f. Ljl`. t u t.. of �.
id ( ui tca
il.m Peed C) - stool pin with Meta 1 Cap gonu^IC1. .-
° o 55 '-'1.f) 15" j and 3oili. tho South- "0-10A"
11 �. ;:�" sot 1. i1 oil ]i'll ) i,j'LII CI) S. JJ to and gig/ westerly .li;'o o_. Quitclaim Dried No, 0-5423 'from :.). Dohver
Gran \: a Q�.L 1 (c o) J '0.01 eot
�:� � �..: (, C: ii iiai3.A OACL to )�' LJ- I -i... P. )t. Shay - .�.'
't . i' to a brass Cap ) ...o
nu- i'1 N- t, {,I 0-- i1. "; corner - - . 'i
i j ; �l ��' E. along the, J: 111 �.Cl�il LEA
t S ", " ' ill � � Lll l'i1C0 N. t E. -
:tent of t) r r point on
distance foot L J
�.]i:C °, a O'.� '� J n
said Quitclaim iJ� ..i �.
the South bank of t] c hot i ] 'Fork 7i; v
tlio , co 76 ° 02' u
along said South bank a 3) t t oleo of 07.113 • feet to a Brass Cap
t S ) ' n. thence h, 8'L ° 2)-'l30 • E. lon said South hank
ci0n with to tl'o
a C. . >t;: -'.1C0 of 121.293 feat to a point of i
` I1LU' ., .,^
i,
r said one _.,. �c.
• :�t.)L lino of tho j'O Ljl, - =' C.C�-quarter GA .�
♦, Survey; )
So 7 A said life was C., >L.Lj>la �IC,U by the 1883 C11 - 17 'gyp„
• of thence continuing a 1 ,: l ' aforesaid t Ot 1. f C( L P .;_ O .
• i i• 1 1 and Williams boundary
foot to X)x) of intersection with. C.? t
' described ' u Bock 30 t. n o
as agreed upon ` t k t:1 23, 1887, as Cj ;;C,° `
47 of the pit :ci t Co t,)' records and 'LC a Brass C: k mCnt - ..
} . alp said
�'li7 2�)'� situate n11 said j(a 13 21 �.1 )11.. :.).<) C, S 0
distance o^ - ;0.807 'oot to a point of ii U�'
AI � - L .; ' J 1(: Ct `f lino a - �"
EC._ Oil with the South lJ hi; of said �'<J a'i:jl C '.. 0 - t li_i_ of the Southwest
)O 1 ] C.i C O �.
L7 �,CJ1 point of intersection n'1 - � _� .1 "0-1S", t _
• ' t ;•
C. the North ' ('O O . the said ]S .. t' °, 1 )+ hail A: OA, the r Southwest � quarter J. .
t ., o
lino-of �. 7•.: . U,:' Oi. )1�, Southwest i - .1 ,1�)(it C.. `:�: t,n.. _.. -
:. i.
Scation 7 as was established by 7 . - i , ..borly's 1882 ratty -y, bears S. 8S
• } 5 ) Cap } r!): i k :. . Is. i i "c-5G'; i i l ' c o N. 8:) 20'31" W. along d
l o . <. . , d C - 4) . 4 C? ' uo )o._n t O v )ti 1... ..
C.Ont>^.L.GCS -- - --
.
.
.
•
. ..
.....____
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4'
1 :1';:,;:f,C .--.
•
,.. - • 1 ' . Al T A cui yo , t dioun; A l'Ai.'T or CG.v.i.'j 0. I
' t •
: I :* 10 •
_..-r- fil ') ' •
_ .....
Ito- 5. . .. : :' • 5 . .
i .
, OSIti c ) , (•
E ,..1P
?)• .„ . .../
I—
NC21ING ThElll p 0 . , L ( .; 1
1
• i \ _
:, (
,,, on lotro
ol of land within the SouLh on of the Soutliwct
i ‘,..-.., „ .
! one-4,uartor of Section V, Township 10 South, Rane 8 West of the
I Gth Pit at Aspen, County ef . .dithdn, State of Colorado, descriiied
l ns follows: Commencim, ut a point of intersoction with the North
"no of Ho c :orth o of tho Southvq“3L o - quarLor and the
1 • Southwesterly lino oT the East Aspen )..C.V.M. Site, said point ;Jed..."
1 .S. la"04 E. a. distance of 14L7.404 feet from the West ono (iliarte:r
i corhero said Section / and snic. point beitiing S ss i0 34 u,
• distance of 12.2156 feet from Drass Cap Moni;':ent No. 311,; thence
i
S. , 1,3 ° 10 1 34" E. and along the rh. lino of the East Aspen •
Town Site a. dihtanee or 875.301 Teo:: to Brass Crp flonument : •
"C-1": thence N. 14 E, a dihtance of /„Se./.9 feet: to Diass
• Cap Yonuent l..ISM "C-2"; thence S 137 E„ a dis;:ahce o;
83.957 :foot to Brass Cap Monument M.k.S\: "C-3"; Lhenee N. 3/1 hS.
a (11:; u50 oE 1C4 7 - feet to flrass Cap Nefilsont SSM
thence S, b E. a distance of 10,Oi fee t. to pen:; cm •:
' flSl,1
''0-- 55' and the Southwesterly corner of Quit Claim Deed No.
C-5795 said co beir;; the true point ol beginning; thence •
S.
57 E. nnd alonic the Southerly line of said Quit Cinim Dead
a distance of 8S.623 foet; the S, G1"30 E. and along said
Soli iine of Quit Claim Deed No. C-5796 a (listahco of 35,63
feet to the Southeasterly corner ol: said Qoit Claim Deed; thence
N. 1 E, and along the Easterly iiho of said Quit Ctaim Deed
' . a ftis;:ancoof 118 feet to the Northeastorly corner Of ii:1 QUit
I Claim Dood, said Northersterly corner bears N, 72j :u;' 2, a
distance. of 350,00 foot from 1p'.5;I1 brass ofl.p .' 'if -50";
• . I Lonce continding a'( the a2eresaid C30iSe a distnnco of 3 .,<E2 -feet;
• i thence N, 7 5 0 0118" W, a diEtanco of 130 1'oet; thence. S, 14
1 'W, a dlstarce of O3e.r.6 fee to a i)cin sajd - ,l; behnr .1";,, :i7S6Sju
, ..1 '.7., a dfstuee of 4c:i?? feet - fhroi - , - : tho Sonthwesterly coier of f.,:alcr. Quit
Ciaim Deed maff:cd by Brs C i:onlinot MS; 10[c"; - M.: - .:co. S. 57 3
i D. a distaoco of'. 4,317 foot to 'Mc - l.f.ruo pp'kt of beLif..flig..
I
• I A tract or parcel of land within the Northwest: Quarto): of tho Solithwest
cr of section 7, Township 10 South, Ran‘re 51. ilest of tho Gth
1 1-iinc „e,....ricou as follows; Comu at the southoa:it
. .! corner of the Nothwest ( of the Southwest ( DT Secton 7.
. ! Township 10 South, . 84 WOY:;t; t:henc Nort'h 39 derees 32 minutes
• I yest alonR• the South lihe of sad subdi‘zisioo: a ditanoe oi 1;34,4 feimt:
. i. thence North 5: degrees 35 minutes West 235 feet; thonco North 1 drfTroe
io linutos 7. 100 foot to the Lrue point of lief,idulng of the tract
of land,hereLn 00 nveye.7.5 thnce Nofik 1 degreeo 45 Ljnutes West 154
. I
473 t7ler,ce feutli 18 derff'ees 10 m West :-:;') ” ---° -'-' c -
-, ec 1/0TIC•0.) o01.1-t..fl
51 derces 47 )linut:; . :;:af ,- :t 36.9d - Loe - tn; thonce 3o7.-th 27. doiToes 2i
mihutes 1.W - 20o t to ,,,, --. - 1 •
rheiun*flg.
, --?
I .
• C ON `..? 2.;',4 LE;)•-•----•"------•' '. .
....
; .
— -
. .
. »
,•.",-,
.
• . -
. 1 ,' ..• ...
... „ _..
I .
• 1
;. . .
• . .
I
•
•
• • .J 70 AND FGii!.4it I'
: /. i'AT bf CQ 11. ( HO.
oF
)i,\C)ii>f ING ' li -
h ,,
I A .. ;_:1;;:; 11 J.a'e' shaped tract or ha1'Ci`l. or land. in Aspen TUw1);; I_i: <_
Addition in the City of Aspen, Pt::ki.n County, SLate of Coior:,41o, .
1+Lth1n the Southwest Quarter of il1C Southwest Quarter of :i(C;t cn
)
•
Township 10 South, lia; ,rC 8 ,tit of the Ci tl: Principal 1,:erid an,
more l a icuia'x y described an fol. 1 o ` ' '
l)Cg i at l y s
iliC intersection of the SOiI i�. al \CCS t.Cz x property line
I U;. The Denver and :Rio Grande Western E'ai_1:'onc Company with the
Southerly line of Hallam Street, said property line n1;io l 1Ci.nj ; ; the
Sot ;tf;'rc: tori,y line of said Aspen ovl'19ito Addition; thence South
75'53'52 C:as al.o: i; the Easterly produce Ci Southerly line of Hallam,
Stree:. 155 fee;;, more or 1C.;s, to thy northerly produced Wenterly
0
lino of mill Street; `l. thence South 1'. OG Wont along .i:1 ]
produced e ! , te.r1y line of M i l l Street 7O0 feet, more or 1 u: , to _,a i.•_'<
prop_) tV e thine() North 43 ° l ` 01 West AO)j'' _(
. ),;t ,` CC " ) ro7o tj .. M/ 10:3
z � foot more or losn to ,;lac point
i:c �anai):)�,
ALT, IN Ti 31 cCrji Ta CI' ICI. , T N o S,f Yi 'r O Co o' AD C — 5` ? '? y"
•
/WAG kf i o
AND i c 1- t-E.3 1 PARR Or /-1( I
LEGAL D LiTh.,..-'.CAoiV:
1,.:. t= Of land Jill ato the ii C ,i j Section cectiO 7, `1ownsj(J1) 10
South, i 1 West of the h Principal Meridian, P5t :U.tl County,
Colorado, 1 y 1', Northerly C' . 1 r i
-✓ . t. the Southerly ) �.�� -. J)I1 C: CJ said 1,. :)ii;'
Easterly of the Westerly l f iC GI IS `7 Southwesterly r
cl COT:Car 01' the, Roaring � o h River, described] a_, .. ,
` SO�.�io,i •�•
‘seginn!ng at the center. o - the OW?. of said Section e i, Said point
Ly; the sat e as the Southwest corner of said Nl 1 0i'1 ; thence N.
t E feet c'1 '
• � � o v�, 1 1 �>�..'�J c l al on;; i s Westerly y 7 aric of ;ai d 1 I Silk.
.to a point in the center e of said river; thence N. 75
ee alo .' the �, 1 76.38
cc, � it 1 of 1�� river;
66.15 feet along the
1< ? )9 °50) E. 04,2., c lino of said river;
river;
feet along i'1(: center line of :i_d :C]V7CT;
thence S. 78 E 80. i5 aeet "r. the ,.e C;,1Lr'�" line OJ ._d ri. -cam:
- - thence c 12'23' 17 chi feet along .
10'27.30'
said t - ; VC:'
Ill ✓.:C along i center _
t �. r,r � � � )t .. p i..(1 C. C :eLCI" i 1�1r of SlL� 1'7_� '
-thence 17'20' E. . > 3 ) feet .long the center . a r
J7 a✓ E. 48.3/ along
C�: "�
tjl e]iCC> tl. ,i `Itli i:) j; "'� ^r' .. ._ the center line O✓_9?, said 271r c1'i
' S6.J,. feet along the e C'e11LU 711e of said river;
to a point Oil the Jn Southerly the r 7 7 _
. • 1! L feet along �. A. �-. J.I. said 1'..x � Ji . thence N. 89 [J89 e ) T
,� 1. �tC lino OA, said 1 1
Coiner of said i \li - - S i :t the iJ�. ._1? f b • Southwest • .
•
. EXCEPTING THEREFROM: .
tract of land in 1/4 Sl. 1/1 of Section r.� 8 Wes i. of h 1 . c _ a,.lci i Township 00.,
t� Meridian, mere
° -U'.1r ,.. t 1 t_ic.11n.'71 CSG ✓. _.
.Beginning at a. survey mcnnolent marked 0 -•] 3 . � , r .
t L t -. C:. O t! e Scf �C _� 1.)c i CI at t. C
�1 ✓ z o the NE 1 r r 4 S
S i., -C line 1 ' ✓.Ix ( 1/4 of said Section
. dee _.
r. •/
' i '. >.., 7J ( dated 11 r (✓, .T �i] k� t z7. �_1 1 � l( A lU it I •
.
/ 18 aelo-dL '
A the records C, v! Merl: '. Reception �
I . Recorder- � t 17
1
li A .) ) at a 37,614 fee p .�.. �J, r County. u 11 /4 •t:jo
• <.-d Section 7 .hence North 1 Easterly O the t center o of to o t i.
f �. 0'11'14" East 1, O � Il c3 r r'
t ) _i .. River; then , Westerly center C > 1 the
C'
d ... _ .( l.- River ... West �i � t 1 the center .. ,_,.iP o� said
t J C
the �: IL 4. l7 cif ;mid ,r 1....t ,
p the /^
thence c..-i1 u./ 30t,. E., >.. 37,614 fee point a: cg i.t..ti_ `l
-u tC? the O.'. l t .: ii7't.L
C0 Or lO'rfKr4":, STATE Or C
•
•
`.1e . . . 3
4
t ._„2
•
RECORD OF PROCEEDINGS 100 Leaves
C.%. HCECC!L 0. H.SL C.
Continued Meeting Aspen Planning and Zoning January 9, 1973
of that land is based on that zoning. This kind of zoning
may create a subdivision above the 8040 line, this zoning
allows for single family housing.
Commission reviewed with those present the area in question
on the mountain and the ownerships of land.
A Mr. Carney stated Spar Consolidated is now having all their
land surveyed to establish what land could be built on and
what land could not.
•
Mr. Bartel stated to the Commission that the intent of the
resolution is that all development along the line would be
subject to review. .There must be certain standards set for
review which have not been accomplished as of this date,
Recommend to the Commission that the resolution be acted
on by the Planning and Zoning Commission because they are
only a recommending body. Outlined the following conditions
that should be met along with the adoption of the resolution:
(1) specific standards for review must be set prior to Coun-
cil acting on any resolution for the mountain; (2) the 8040
line be surveyed; (3) investigate voluntary moratorium. For
those property ownerships not represented at this meeting
which would fall under the voluntary moratorium, would ask
for temporary enactment of the ordinance which would re-
quire those developments to follow the standards and review
process.
Gillis moved to adopt the resolution with the following con-
ditions: (1)that the Planning and Zoning Commission set
development standards that would be used as the basis for
review of development proposals along the zoned boundary
line between the existing AR and A/F zoned districts: (2)
8040 line be surveyed; (3) request City Council adopt volun-
tary moratorium of development of the properties as repre-
sented this evening. Seconded by Jordan. All in favor,
motion carried.
Goodhard moved to recommend to the City Council that all
properties that are to be developed within the year of the
moratorium be bound by the limitations of the ordinance,
Seconded by Lewis. All in favor, motion carried,
Uses, Trueman List of proposed uses was submitted by Mr. Bartel. including
Property the following: surface parking to accommodate 800 spaces
(8 acres); street dedications including Mill Street, Spring
�A Street, Bleaker Street, Galena Street; maintenance and
storage for. buses used in the shuttle system; car impound
(S 5Q lot; ambulance storage area; neighborhood type uses i.e.
gasoline station, taxi dispatch, In the long run will need
. .,.
RECORD OF PROCEEDINGS 100 Leaves
FORM .0 C. E. NOEENEL 0. 3.. L. GO. _
Continued Meeting Aspen Planning and Zoning January 9, 1973
area for a civic center. Presently the City is having two
appraisals of the land so that the boundary lines of the
property are established. Also housing for government
employees and those employees which are generated by the
uses of the property.
Bruce Gillis left the meeting.
Jordan stated he was concerned about the neighborhood type
businesses in that they may attract from the downtown. Mr.
Bartel explained the Real Estate Affiliates who are studying
and working on management of the property could give some
answers to this nuestion once they have studied the problems.
Mr. Jordan stated he felt an auto body shop should be in-
cluded and also a cultural center.
Mr. Fritz Benedict was present and presented his plan for
reinstating the railroad tracks and the suggestion that this
might be included at this time in planning the area.
Mr. Goodhard moved to adjourn at 6:30 p.m., seconded by
Lewis. All in favor, meeting adjourned.
L ____ , Lorraine Graves City Clerk
Study Session Aspen Cit Council December 4, 1972
Meeting called by Council to be held jointly with the Planning and Zoning Com-
mission to discuss with Mr. Truman, owner of the railroad property, parking
possibilities for the City in this area.
The following were present: Mayor Homeyer; Councilmen Nystrom,Breasted, Griffin.
Markalunas, Whitaker; Acting City Manager Veeder; City /County Planner Herb Bar-
tel; Planning and Zoning Members Bruce Gillis, Barbara Lewis, Victor Goodhard,
Charles Collins, Anthos Jordan.
Mr. Bartel reported he had talked to Leigh of Alan Voorhees and Associates,
letter to follow, and Mr. Leigh stated he still prefers the parking to be at
the end of Galena Street, recognize that an open straight parking lot would
damage the project from a design point of view, and it will involve lengthy
joint procedures for it to work well at the end of Galena. If the alternate
site is used (west side of Mill Street) one additional shuttle bus would have
to be acquired. Further feels it is workable to lease land for a short period
of time and try to implement other elements of the plan.
Mr. Truman submitted a proposal for lease and /or purchase of land west of Mill
Street. (See attached)
Mr. Bartel stated the best use of the.land west of Mill would be for employee
parking. Map of the area proposed was reviewed and it was determined the park-
ing area offered by Mr. Truman does not abut on Mill Street but is to the back
of the property.
It was estimated 150 cars could be parked per acre with open parking. Would
cost approximately $3,000,000 to build three levels of parking.
Mr. Truman stated he would rather not sell the entire 4.6 acres to the City,
with structure parking would only need two acres.
Council questioned Mr. Truman as to the price of land at the end of Galena. Mr.
Truman stated he could not say at this time, awaiting an appraisal.
Mayor Homeyer suggested it might be more expensive in the long run to have the
parking west of Mill than at the end of Galena. West of Mill would require
access, additional bus, over or underpass, etc.
Mr. Truman pointed out on a map, that part of the property the City is consider-
ing at the end of Galena he does not even own. Aspen Construction, Stan Beal-
near and 2 or 3 others own the land.
Mayor Homeyer questioned Mr. Truman if he would be interested in a joint venture
on the parking of 2 levels at the end of Galena. Access would be from the Red
Mountain side and Mr. Truman could put in shops and condominiums on top.
Mr. Robert Sterling of Walls and Sterling was present and stated Mr. Truman's
approximate requirement for parking is 700 to 800 cars. This would take a
strip along the back side of the property. To provide enough parking for the
City in structure parking would go above the height limit.
Mayor Homeyer stated she did not feel Mr. Truman's proposal submitted this date
is unexpensive, also employees are not going to walk the additional two blocks.
Councilman Whitaker stated he objected to the City spending too much time and
money on this when we are trying to get rid of the automobile. To park in this
area would be moving the problem lust a few blocks away.
Page 2
•
Study Session Aspen City Council December 4, 1972
Mr. Truman stated he would not like to give up any of his property.
Mr. Sterling stated to go underground seemed unfeasible.
Mayor Homeyer suggested the City purchase the entire property from Mr. Truman.
Mr. Truman stated he would be willing to cut the lease figures in half.
Councilman Whitaker stated he felt that in the long run he feels this area will
not be the right place for parking. _
Councilman Breasted stated that he felt that if the City is going to commit to
this project, he feels they should follow the transportation plan or purchase
all the land on the west side of Mill Street. Mr. Truman stated this would in-
volve approximately 8 acres.
Mr. Charles Collins stated the P & Z felt the north end of Galena would compli-
ment the parking on the south end. The south end is on the circulation route
and also in close proximity to downtown.
Mr. Joe Edwards suggested to Council they think about purchase of the entire
land because of the impact on the community of this development. To purchase
the land would also give the City control, put in a river mall, provide for a
gas station, post office, etc.
Mr. Harley Baldwin stated he felt that by the City providing parking in that
area and with the downtown malls this is stimulating development of this area,
and taking away from downtown.
Councilman Breasted stated we are now missing the C -2 uses, feels that was the
right zoning.
Councilman Whitaker stated he feels small parking lots in the downtown is much
better than spending a lot of money in this one area. Would rather see the
City spend money buying land to stop development rather than buying property
for parking. Feel this development will hinder the downtown core. Will re-
sult in a shopping center.
Mayor Homeyer questioned Mr. Truman if he would be willing to sell the City
the entire property. The west side of Mill Street is not acceptable to the
City, would like to buy property at the end of Galena.
Suggestion was made by several people of condemning the entire land.
Councilwoman Markalunas stated the City would like to buy the whole thing but
feel the financing would be too restrictive. Councilman Griffin stated he
agreed with buying the entire 19 acres.
Councilman Nystrom stated he was for leasing of the property now and against
committing to any kind of structure parking at this time.
Mr. Bartel stated he and Mr. Leigh had suggested purchasing the property 6
months ago.
Mayer Homeyer questioned Mr. Truman as to how many units he would he putting
in. Mr. Sterling gave as an estimate when the project is complete would be
2000 people. Mr. Truman stated they do not intend to build a shopping center,
mean to do it as well as can be and make it a part of Aspen and will be leaving
about 50% open space.
Page 3
Study Session Aspen City Council December 4, 1972
Mr. Edwards stated the City budgeted 2.5 million to buy this property and Mr.
Truman paid 2.7 million and even by adding Mr. Truman's architectual feet etc.,
the costs would not be that considerable to purchase the property. The impact
of the condominiums in this development will be out of proportion with the rest
of the City.
Mr. Bartel pointed out there is another ownership between Mr. Truman's property
and the river.
Council agreed to meet on Wednesday at 5:00 p.m. in special session to give
Mr. Truman an answer as to whether the City desires to purchase the entire 19
acres.
Councilman Jack Walls arrived.
Council agreed to waive notice of special meeting and signed waivers to that
affect and Council went into special session, to consider two resolutions
relating to grant monies for tennis courts and /or bikeways.
Acting Manager Veeder explained to Council the $20,000 to match the grant is
budgeted under the heading of bikeways. This amount could be transferred to
tennis courts if easements necessary in time are not obtained for the bikeways.
Councilman Nystrom moved to read Resolutions #23 and #24. Seconded by Council-
man Breasted. All in favor, motion carried.
RESOLUTION ¥b23,SERIES OF 1972 was read in full by the City Clerk.
RESOLUTION #23, SERIES OF 1972
WHEREAS, the City of Aspen is in the process of applying for grant monies for
the Iselin Park Tennis Court Project, and
WHEREAS, it is necessary to have an agent representing the City of Aspen for
this project.
NOW, THEREFORE, BE IT RESOLVED the Gity Parks and Recreation Director will act
as agent for the Iselin Park Tennis Court Project between the City of Aspen
and the Land and Water Conservation and Bureau of Outdoor Recreation.
Councilman Nystrom moved to adopt Ordinance #23, Series of 1972. Seconded by
Councilman Whitaker. Roll call vote - Councilmen Nystrom aye; Breasted aye;
Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion
carried.
RESOLUTION #24, SERIES OF 1972 was read in full by the City Clerk.
RESOLUTION #24, SERIES OF 1972
WHEREAS,. the City of Aspen desires to show that funds will be available for
the Iselin Park Tennis Court Project both from the City and Grant monies.
NOW, THEREFORE, BE IT RESOLVED, that funds will be available from the City of
Aspen for the Iselin Park Tennis Courts, Phase 1, for construction. The City
will appropriate $20,000.00 to match a Federal Grant of $20,000.00
Page 4 •
Study Session Aspen City Council December 4, 1972
Councilman Nystrom moved to adopt Resolution #24, Series of 1972. Seconded by
Councilman Breasted. Roll call vote - Councilmen Nystrom aye; Breasted aye;
Griffin aye; Markalunas aye; Walls aye; Whitaker aye; Mayor Homeyer aye. Motion
carried.
Mr. Truman returned and stated for the City to buy the entire property could
be done on the conditions the price be negotiated and negotiations begin with-
in one week and are completed within three weeks. Council stated they would
give an answer on this Wednesday.
Councilman Breasted moved to adjourn at 6:45 p.m., seconded by Councilman
Whitaker. All'in favor, meeting adjourned.
Lorraine Graves, City Clerk
A PROPOSAL
J. R. TRUEMAN & ASSOCIATES, INC. proposes that, for a period of three (3) years,
the CITY.OF ASPEN lease up to four and 6/10 (4.6) acres as shown on the attached
map plus access as deemed necessary, in order to test the feasibility of developing
a permanent parking facility. It is believed that such a lease procedure would
permit the City, with a minimum expenditure of funds, to determine the desirability
of a parking facility.
TERMS OF LEASE:
1. Annual Cost to City: J. R. Trueman & Associates, Inc. would a`
lease approximately 4.6 acres to the City at a monthly charge of'2� 6CY
$500.00 per acre. 2�.
2. Terms of Lease: The lease would have a maximum term of three
(3) years, however, the City could terminate the lease at any time
• upon giving sixty (60) days notice.
3. Option to Purchase: During the lease term the City would have
an option to purchase two (2) of the 4.6 acre tract which would be
sufficient for construction of a multi -story parking facility. The
option purchase price would be $200,000.00 per acre (exclusive of the
access road).
4. Improvements by City: During the lease term the City would pay
the cost of installing and maintaining a surface parking area.
5. Construction of Permanent Facilities: When and if the City
should decide to create a permanent facility, it would have the
option of leasing the two (2) acre tract for purposes of con—
structing the facility. The lease rental would be equal to
ten (107.) per cent per annum times the $200,000.00 per acre
purchase price, subject to escalation provisions during the
term of the lease.
6. Leasing of Facility by J. R. Trueman & Associates, Inc.:
Subject to later determination of the cost and related terms, J. R.
Trueman & Associates, Inc_. will build the permanent facilities and lease
them to the City on a long term basis, again on a net lease basis.
Study Session Aspen City Council December 13, 1
Present at the meeting which began at 5:00 p.m. were: Mayer Eve Homeyer,
Councilmen Scott Nystrom, James Breasted, Ram'na Markalunas Francis Whitaker.
Also present were City Attorney Arthur Daily and Acting City Manager Dennis
Veeder.
The meeting was called to discuss the Trueman Property ( railroad property).
Those members of the Council in favor of purchase of the entire 19 acres based
their agruments on the following: (1) control: (2) revenues that may be der-
ived: (3) splitting of the commercial core; (4) agree with two large parking
areas at the north and south ends of Galena Street; (5) the cost of purchase
of the entire tract will not be much more money than building a parking struc-
ture; (6) cost of leasing land west of Mill Street is ton expensive: (7) park-
ing west of Mill Street as offered by Mr. Trueman is not the right location for
parking to meet the other elements of the transportation plan.
Those members against purchase of the land based their arguments on the follow-
ing: (1) in order to maintain the commercial core as the main core area park-
ing must be in close proximity to the shopping area; (2) people will not park
that far from the downtown; (3) should buy areas in the downtown for small Rubey
Parks for parking; (4) large expenditures to be put into only one element of
the transportation plan; (5) due to large amount of funds being spent on this
element of the plan, some of the other elements could not be phased in for
perhaps 4 years; (6) concrete figures are not available as to revenues that
may be derived and if the City can conservatively pay for this project based
on sales tax revenues; (7) feel to buy the entire acreage would be going back
on the City's word as relates to passage of the sales tax; (8) dispersed park-
ing would protect the view of the mountain and create more open space; (9)
disperse congestion; (10) land around the parking would become more valuable,
whereby, exclusive shops will be where the parking exists; (11) people do not
change.
Mr. Bartel explained that planning is a process of change. Rubey Park can
accommodate as it now exists 50 cars. To fulfill the required number of park-
ing spaces would take 10 one -half blocks of parking if landscaped such as Rubey
Park. Also Council must consider how we can best accommodate the long run
demand in automobiles coming into the area i.e. impact of the Interstate, 3
day weekends, etc. Feel dispersed parking will not work. Further need to con-
sider the hidden benefits of purchase of this land: (1) uses to put the pro-
perty to, such as a main post office, civic center including City and County,
surface level parking, area for maintenance of the transportation plan, impound
lot, neighborhood retail in conjunction with transportation. Also need to con-
sider the right -of -way requirements in this area. Mill Street is not a de-
dicated street; Spring Street needs to be improved as a parkway along the
river, Bleeker Street extention which could be a trade of land with the County.
The Courthouse and City Hall are at their capacity now and will need new build-
ings in order to be able to serve the increase in population. If this land
is developed it will be very high intense development.
Suggestion was made that the Council gain an economic survey. It was pointed
out to delay the remaining elements of the plan for four years, the problems
will have increased tremendously. Mr. Bartel explained the other elements would
not be at a standstill, the permit system could be initiated, could start phasing
in the bus system. The transportation center at the airport and service to the
airport are big items that would not be put into effect.
The question remaining is how much would the cost of land be for 8 acres at
the end of Galena Street?
Study Session Aspen City Council December 13, 1972
Thomas Property - City Attorney Daily informed Council an error has been made
in the total acreage, short by 6 acres. Mr. Daily to negotiate along the lines
of an option on the 6 acres, eliminate 6 acres, etc.
Meeting adjourned at 6 :45 p.m.
L. Lorraine Graves, City Clerk
•
•
LEGAL DESCRIPTION:
TRACT "A"
A part of the South ono -half of tho Southwost ono- quarter of Section 7,
Township 10 South, Range 84 }Yost of the Sixth Principal Meridian, County
of Pitkin, State of Colorado, more particularly described as follows:
Commencing at a point of intersection with tho North lino of tho
said South one -half of the Southwest ono- quarter and the Southwesterly
lino of East Aspen Town Site, said point bearing S. 19 ° 04'48" E. a
distance of 1417.404 feet from 'the West one- quarter corner of said
Section 7 and said point bearing S. 43 ° 10'34" E. a distance of 12.266
feet from Brass Cap Monument No. 38; thence S. 89 ° 30'31" E. along tho
said North line of said South one -half of the Southwest ono- quarter a
distance of 75.681 feet to a'point of intersection with the Easterly
line of Quitclaim Deed No. C -5798 from The Denver and Rio Grande
Western Railroad Company to Fred D. and Florence Elder Glidden, and
being the true point of,beginning of Tract "A" herein described and
being physically located on the ground by a 3-inch square concrete
monument set by Meurer, Serafini and Meurer, Engineers, having a
brass cap narked M -S -M "0 -61 "; thence continuing along the aforesaid
course a distance of 738.765 feet to the Southeast corner of the
Northwest one- quarter of the Southwost ono- quarter as said corner is
located by the 1888 Cutshaw Survey; thence continuing along tho aforo-
said courso a distance of 37.614 feet to the intersection of the East
line of the IIallam Tract with the North line of the said South ono -half
of the Southwest one - quarter of Section 7, said line being established
by that certain exchange of deods between Iiallanis and Williams as
recorded on March 29, 1887 in Book 30 at Page 47 and Book 49 at Pago 8
in the records of the Recorder of Pitkin County, said cornor also being
identified and located by Brass Cap Monument M -S -M "0 -13 "; thence con-
tinuing along the aforesaid course a distance of 184.40 feet to a point
of intersection with the East line of a Patent to The Denver and Rio
Grande Wostern Railroad Depot grounds dated February 6, 1888 and to a
Brass Cap Monument M -S -M "0 -36 ", said point of intersection also being
tho intersection of the North line of tho said South half of tho South-
. west ono - quarter with tho east line of the Southwest quarter of the
Southwest quarter of said Section 7 as was established by Kimborly in
the 1882 survey now suspended; thence S. O ° 52'26" W. along said East
lino of tho Southwost one - quarter of the Southwost one- quartor of said
Section 7 per Kimberly 1882 Survey and along the East lino of said
Depot ground patent a distance of..109.669feet to a
continued
of 7
•
•
•
EXHIBIT "B"
LEGAL DESCRIPTION CONTINUED
Tract "A" continuod
• point of intersoction with the Prenterly lino of the Cnntlo Crook Mill
Site Claim and a Brass Cap Monument M -S -M "0 -42 "; thenco N. 16 ° 40'00"
E. along said Westerly Mill Site lino n distance of 9.381 foot to the
Northwest corner of said Cantle Creek Mill Site Claim an a Brass Cap
Monument BLM 34; thenco S 74 ° 34'44" E. a distance of 141.300 feet to
the Northeast corner of the Castle Creek Mill Site Claim to :a Brass
Cap Monument BLM 3 -6; thence S. 9 °21'00" E. along tho East lino of
Cantle Creek Mill Site Claim a distanco of 412.461 foot to a point of
intersection with the Northeastorly right of way of Tho Denver and Rio
Grande Western Railroad to a Brass Cap Monument M -S -A1 "0 -45 ", said •
point being 50.00 foot at right angles to tho contorlino of track;
thenco S _ 43 ° 07'30 "" E. and along said Northeasterly right of way a
distanco of 89.097 feet to a point of curve and a Brass Cap Monument
M -S -M "0 -47 "; thence along said Northeastorly right of way and along
a curve to the left having a radius of 309.26 feet, a central angle
of 43 ° 16'43 ", an are distance of 233.601 foot to a point opposite the
centerline at the end of railroad tracks and a Brass Cap Monument
M -S -M "0 -48 ", the chord of said curve bearing S. 64 ° 45'52" E. a dis-
tance of 228.088 font; thence S. 3 ° 35'47" 17. along a line normal to
the conterllrIe at the end of existing railroad tracks it distance of
100.000 feet and a Brass Cap Monument M -S -M "0 -49 "; thence on an angle
Itoo the right of 90 ° 00'00" and along tho Southwesterly right of way of
The Denver and Rio Grande Western Railroad, Company and along a curve
to tho right having a radius of 409.26 feet, a central anglo of 43
16'43 ", an are distance of 309.136 feet to a point of tangent and a
Brass Cap Monument M -S -M "0 -50 ", the chor _of said curve bearing_S.
64 ° 45'52" E. a distance of 30 feet; thence along said tangent
and along said Southwesterly right of way on a bearing of N. 43 ° 07'30"
>W. a distance of 66.663 foot to a point of intersection with the
Southerly lino of Castle Creek Mill Site and a Brass Cap Monument
M -S -M "0 -51 "; thence N. 73 ° 55'00 "_w. along said Southerly lino a dis-
tance of 4 feet to a Brass Cap Monument L1 -S -M "0 -59 "; thence N.
1G ° 38'42" E.'aTong the Easterly line of said Mill Site and along the
Easterly extended lino of Quitclaim Deed No. C -5795 from The Denver
and Rio Grande Western Railroad to Sarah B. Kaplan, a distanco of
81.345 feot to a Brass Cap Monument M -S -M "0 -56 "; thenco N. 73 ° 21'18"
--- - n Ti of 272.0 Poet along the Northerly lines of said
claim Deed No. C -5795 and along Quitclaim Dood No. C -5796 from The
Denver and Rio Grande Westorn Railroad to Douglas Komodo;
continuod
•
•
•
•
•
EXHIBIT "B"
LEGAL DESCRIPTION CONTINUED
Tract "A" continued
thence S. 16 ° 38'42" W. a distance of 90.825 foot along the Wosterly
line of said - llitclaim Deed C -5796 to a Brass Cap Monument M -S -M
"0 -55 "; thence N. 57 ° 38'34" W. a distance of 10.54 feet to a Brass
Cap Monument M-- S M "C -h "I thence S. 84 a distance of 1P.4._!
feet to a I3rass Cap Monument M -S - '"C -3''; theme N. 87,_ Q'_341- i., a
distance of 88.957 foot to a Brass Cap Monument M -S -M "C -•2 "; thence S.
14 ° 29'26" W. a distance of_211. B.L9_feet to a point of intersection with
the Southwesterly lino of East Aspen Town Site and a Brass Cap Monu-
ment M -S -M "C -1 "; thence N. 43 ° 10'34" W. along said Southwesterly lino
a distance of 797.399 feet to a point of intersection with tho Southerl;
line of Quitclaim Deed No. C -5798 from The Denver and Rio Grande
Western Railroad to Fred D. and Florence Elder Glidden, said point
bearing S. 43 ° 10'34" E. a distance of 78.465 feet to the intersection
of the North line of the South one -half of the Southwest ono - quartor
of said Section 7; thence S. 74 ° 59'06!'._,E. along said Southerly line
of Quitclaim Deed No. C -5798 a distance of 8.857 feet; thence Li
51'18" E. _ a distance of 60.381 feet along said Easterly line of Quit-
claim Deed No. C -5798 to the truo point of beginning of said Tract "A"
herein described; and excluding from the herein described Tract "A ",
that certain tract of land conveyed by The Denver and Rio Grande
Western Railroad Company to F. W. and Gussie May Anderson by Quitclaim
Deed No. C -5794.
TRACT "B"
A part of the North one -half of the Southwest one- quarter of Section 7,
Township 10 South, Range 84 West of the Sixth Principal Meridian,
County of Pitkin, State of Colorado, more particularly described as
follows:
Commencing at a point of intersection with the South line of said North
ono -half of the Southwest one - quarter and the Southwesterly line of tho
• East Aspen Town Site, 'said point bearing S. 19 ° 04'48" E. a distance of
1417.404 feet from the West one - quarter corner of said Suction 7 and
said point bearing S. 43 ° 10'34" E. a distance of 12.266 foot from Brass
Cap Monument No. 38; thence S. 89 ° 30'31" E. along the said South line
of said North one -half of the'Southwest one - quarter a distance of
75.681 foot to a point of intersection with the Easterly line of Quit-
claim Deed No. C -5798 from The Denver and Rio Grande Western Railroad
Company to Fred D. and Florence Elder Glidden, and being the true
point of beginning of Tract "B" herein described and. being physically
on the ground by a 3 inch square concrete monument
continued
•
3' or-
. 7
•
•
EXHIBIT "B"
- LEGAL DESCRIPTION CONTINUED
Tract "B" continued
set by Meurer, Sernfini and Meurer, Engineers, having a brass cap
marked M -S -M "0 -61 "; thence N. 12 ° 51'18" E. along the Easterly lino
of said Quitclaim Deed a distance of 14.678 foot to a Brass Cap
Monument M -S -M "0 -24 "; thence N. 22 ° 59'11" W. along the Easterly
lino of said Quitclaim Docd a distance of 116.184 feet to a Brans
Cnp Monument M -S -M "0 -25 "; thence N. 78 ° 31'02" W. along tho Northerly
lino of said Quitclaim Decd a distance of 66.024 feet to a Brass Cap
Monument M -S -M "0 -26 "; thence S..14 ° 45'14" W. along the Westerly line
of said Quitclaim Deed a distance of 81.256 feet to a point of inter- '
section with the Northeastorly line of Aspen Town Site to a Brass Cap
Monument M -S -M "0 -27 "; thence N. 43 ° 10'34" W. along said Northeasterly
lino a distance of 279.234 feet to a Brass Cap Monument M -S -M "0 -18 ";
thence N. 81 ° 59'05" E. a distance of 85.321 feet to a Brass Cap Monu-
ment M -S -M "0 -19 "; thence N. 42 ° 01'01" E. a distance of 446.200 feet
to a point 50.00 feet Westerly from the centerline of track as measured
at right angles thoreto t� a Brass Cap Monument M -S -M "0 -20 "; thence
N. 7 ° 58.'45" W. along a lino parallel to and 50.00 feet Westerly from
the centerline of track a distance of 744.421 feet to a point in the
Northerly line of Hallam Tract from whence the West quarter corner of
said Section 7 boars N. 90 ° 00'00" W. a distance of 500.244 feet; thence
S. 90 ° 00'00" E. along said Hallam lino a distance of 100.98 feet to a
point 50.00 feet Easterly from the centerline of track as measured at
right angles thereto; thence S. 7 ° 58'45" E. and along a lino parallel
to and 50.00 feet Easterly from the centerline of track a distance of
870.787 feet to a point of curve, from which point M -S -M Brass Cap
Monument marked "O -6A" boars S. 7 ° 58'45" E. a distance of 38.501 feet
and herein used as a reference corner; thence on an angle to the loft
of 8 ° 09'25" and along tho Southwesterly line of Quitclaim Deed No. C-
5424 and along a curve to the left having a radius of 668.00 foot, a
central angle of 19 ° 03'00 ", an arc distance of 222.100 feet, the chord
of said curve bearing S. 25 ° 39'40" E. a distance of 221.08 feet to a
steel pin with a metal cap monument M -S -M "O -7A "; thence S. 6049'56"
E. and along said Southwesterly line of Quitclaim Doed No. C -5424
from the Denver and Rio Grande Western Railroad to Sam L. McKinley
a distance of 141.028 feet to a point of intersection with the North-
. westerly lino of Quitclaim Deed No. 5425 from The Denver and Rio Grando
Western Railroad Company to tho Pitkin County Board of County Commis-
sioners to a Brass Cap Monument M -S -M "O -8A "; thence S. 19 ° 51'09" W.
and along said Northwostorly lino of said Quitclaim Dood No. C -5425
continued
•
•
of 7-
r
•
'
EXHIBIT "B"
LEGAL DESCRIPTION CONTINUED
•
Tract "B" continued
a distance of 82.822 foot to a Brass Cap Monumont M -S -M "0 -9A ";
thence S. 59 ° 18'59" E. and along tho Southwesterly line of said
Quitclaim Deed a distance of 36.98 foot to the Southeast cornor of
said Quitclaim Decd to a steel pin with Metal Cap Monumont M -S -M
"0 -10A" set in oil mat; thenco S. 56 ° 15'45" E. and along tho South-
westerly line of Quitclaim Dood No. C -5426 from The Denver and Rio
Grande Western Railroad to William It. Shaw a distance of 120.00 foot
to the Southeast corner of said Quitclaim Deed to a Brass Cap Monu-
ment M -S -M "0 -11A "; thenco N. 33 ° 44'15" E. along the Southoaotorly
line of said Quitclaim Deed a distance of 78.531 foot to n point on
tho South bank of tho Roaring Fork River; thence S. 76 ° 02'54" E.
along said South bank a Distance of 67.143 foot to a Brass Cap
Monument M -S -M "2rI "; thenco N. 84 ° 21'30" E. along said South bank
a distance of 121.293 foot to a point of intersection with tho
East line of the Northwest one- quarter of said Southwest one- quarter
of Soction 7 as said line was established by the 1888 Cutshaw Survey;
thonce continuing along the aforesaid courso a distance of 35.579
feet to a point of intersection with the Ilallam and Williams boundary
lino as agreed upon March 26, 1887, as described in Boole 30 at Page
47 of the Pitkin County records and to a Brass Cap Monument M -S -M
"0 -28" situate on said Hallam Line; thence S. 0 ° 11'44" W. along said
Hallam boundary line a distance of 130.807 feet to a point of inter-
section with the South line of said North one -half of tho Southwest
ono - quartor of Section 7 to a Brass Cap Monument M -S -M "0 -13" from
which point of intersection marked M -S -M "0 -13 ", tho intersection
of the North lino of the said South half of the Southwest quarter with
the East lino of the Southwest quarter of the Soutlnvost quarter of said
Section 7 as was established by Kimberly's 1882 survey, bears S. 89
30'31" E. a distance of 184.40 feet, and said corner also being located
by Brass Cap Monument M -S -M "0 -36 "; thenco N. 89 ° 30'31" W. along said
South line a distance of 776.379 feet to the true point of beginning.
continued
•
•
EXHIBIT "B"
•
• EXCEPTING THE1REFROM:
A tract or parcel of land within the South one -half of the Southwest
one- quarter of Section 7, Township 10 South, Range 84 West of the
Gth P.M. at Aspen, County of Piticin, State of Colorado, described
as follows: Commencing at a point of intersection with the North
lino of the South one -half of the Southwest one- quarter and the
Southwesterly line of the East Aspen Town Site, said point bearing
S. 19 ° 04'48" E. a distance of 1417.404 feet from the West ono- quarter
corner of said Section 7 and said point bearing S. 43 ° 10'34" E. a
distance of 12.266 feet from Brass Cap Monument No. 38; thence
S. 43 ° 10'34" E. and along the Southwesterly line of the East Aspen
Town Site a distance of 875.864 feet to Brass Cap Monument MSM •
"C -1 "; thence N. 14 ° 29'26" E. a distance of 75,829 feet to Brass
Cap Monument MSM "C -2 "; thence S. 87 ° 30'34" E. a distance of
88.957 feet to Brass Cap Monument MSM "C -3 "; thence N. 84 ° 20'26" E.
a distance of 164.743 feet to Brass Cap Monument MSM "C -4 ";
thence S. 57 ° 38'34" E. a distance of 10.54 feet to Brass Cap Monument
MSM "0-55" and the Southwesterly corner of Quit Claim Deed No.
C -5796, said corner being the true point of beginning; thence
S. 57 ° 38'34" E. and along the Southerly line of said Quit Claim Deed
a distance of 88.623 feet; thence S. 67 ° 30'34" E. and along said
Southerly line of Quit Claim Deed No. C -5796 a distance of 36.88
feet to the Southeasterly corner of said Quit Claim Deed; thence
N. 1G ° 38'42" E. and along the Easterly line of said Quit Claim Deed
a distance of 118.58 feet to the Northeasterly corner of said Quit
Claim Deed, said Northeasterly corner bears N. 73 ° 21 ° 18" W. a - •
distance of 150.00 feet from MSM brass Cap Monument "0 -56 ";
thence continuing along the aforesaid course a distance of 8.42 feet;
thence N. 75 ° 01'18" W. a distance of 129.012 feet; thence S. 14 ° 58'42"
W. a distance of 94.346 feet to a point, said point bears N. 57 ° 38'34"
W. a distance of 4.377 feet from the Southwesterly corner of said Quit •
Claim Deed marked by Brass Cap Monument MSM "0 -55 "; thence S. 57 ° 38' 34"
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E. a distance of 4.377 feet to the true point of beginning.
EXCEPTING THEREFROM:
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A tract or parcel of land within the Northwest Quarter of the Southwest
Quarter of Section 7, Township 10 South, Range 84 West of the 6th
Principal Meridian, described as follows: Coimnencing at the southeast
corner of the Northwest Quarter of the Southwest Quarter of Section 7,
Township 10 South, Range 84 West; thence North 89 dtgrecs 32 minutes
West along the South line of said subdivision a distance of 184.4 feet; .
• thence North 53 degrees 35 minutes West 335 feet; thence North 1 degree
15 minutes East 100 feet to the true point of beginning of the tract
of land herein conveyed; thence North 7 degrees 45 minutes West 154
feet; thence South 18 degrees 10 minutes West 324 feet; thence South
57 degrees 47 minutes East 36.98 feet; thence North 27 degrees 21
minutes East 197 feet to the point of beginning.
CONTINUED
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EXHIBIT "B"
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• EXCEPTING TIIEREFROM:
• A triangular shaped tract or parcel of land in Aspen Townsite
Addition in the City of Aspen, Pitkin County, State of Colorado,
within the Southwest Quarter of the Southwest Quarter of Section 7,
Township 10 South, Range 84 West of the Gth Principal Meridian,
more particulary described as follows: •
Beginning at the intersection of the Southwesterly property lino
of The Denver and Rio Grande Western Railroad Company with tho /
Southerly line of Hallam Street, said property line also being the
Southwesterly line of said Aspen Townsite Addition; thence South
75 ° 53'52" East along the Easterly produced Southerly line of Hallam
Street 155 feet, more or less, to the Northerly produced Westerly
line of Mill Street; thence. South 14 ° 06'08" West along said Northerly
produced Westerly line of Mill Street 100 feet, more or less, to said
Southwesterly property line; thence North 43 ° 03'52" West along said
Southwesterly property line 185 feet more or less, to the point of
beginning.
ALL IN THE COUNTY OF PITI {IN, STATE OF COLORADO
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7 °F 7
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EXHIBIT "B"