HomeMy WebLinkAboutcoa.lu.su.US West Design.A81-92
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10j16~~
DATE COMPLETE:"'J1{ tl1
I
PROJECT NAME: U. S. West/Desiqn
Project Address:
Legal Address: S 18' Lots C. D & E and
lvinq adiacent to said lots. Block 66
PARCEL ID AND CASE NO.
A81-92
STAFF MEMBER: LL _ L I . .
Workshon Le'ELifl6.hdil1~'t1:u6n't 0~t)qIV/ SUh
N 1/2 of the Vacated Allev
APPLICANT: Desiqn Workshop
Applicant Address: 120 East Main Street
REPRESENTATIVE: Bill Kane
Representative Address/Phone:
Same
Aspen..CO 81611 925-8354
====================~~~~=====================~===.=.==========.
FEES: . PLANNING $ ~~. .~ # APPS RECEIVED 1
ENGINEER $ 90.00 # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $lGe~.QQ
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TYPE OF APPLICATION: STAFF APPROVAL:
P&Z Meeting Date~0. /~ PUBLIC
VESTED
0110.
7an 00
1 STEP: ~
HEARING:~
RIGHTS: ~
2 STEP:~
NO
NO
CC Meeting Date
PUBLIC HEARING: Y~S
VESTED RIGHTS: YES
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~~.
DRC Meeting D..te
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REFERRALS:
City Attorney Parks Dept. School District
~ CitY.Engi~eer B~dg InsPhectlor Rocky Mtn NatGas
Hous1ng D1r. F1re Mars a CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: /o/;11'1r- INITIALS: 551/J DUE:
;~~~~=;~~~~~~==~==4==========~~;;=;~;;;~~=~=!i~=~==~~~;~~~~~==
___ City AttY~City Engineer ~ZOning '___Env. Health
___ Housing ___ Open Space . Other:
FILE STATUS AND LOCATION:
JUL 09 '93 01:29PM
#358694 07~/93 09:09 Rec: $25.00 Bk' ~
Sllvla~aVl~,Pitkin Cnty Cler'k, Do~ $",/8 485
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SUBDIVISION AGREEMENT
FOR THE
U S WESTIDESIGN WORKSHOP. INC. SUBDIVISION
THIS SUBDIVISION AORBBMBNT is made and entered into as of this 8th day of July
1993, by and between US WEST COMMUNICATIONS, INC., a Colorado corpOration
("Owner"), 120 E. MAIN PARTNERS, LTD. LIABILITY CO. ("120 B. MalliN) and THE
CITY OF ASPEN, a municipal corporation ("City"),
WITNESSETH
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W'HERBAS, Owner owns that certain real property (the "Property") located in the City
of Aspen, County of Pitkin, State of Colorado. The legal description of such property is as
follows: Lots C through I and the N 1/2 of the vacated alley, mock 66, City and Townsite of
Aspen: and
WHEREAS, on January 11, 1993. the City Council of the City of Aspen granted
subdivision approval for the property pursuant to Sections 24-7-1004 and 24-7-1102 of the
Municipal Code: and
WHEREAS, on November 17, 1992. the Aspen Planning and Zoning Commission found
that the subdivision and rezoning application complied with Sections 24-7-1004 and 24-7-1102,
is not in conflict with any applicable portions of Chapter 24, is compatible with aurroundinc
zone districts and land uses, and is consistent and compatible with the community character in
the City of Aspen: and
WHEREAS, tbe Aspen City Council determined at its meeting of January 11, 1993, that
the subdivision was appropriate and granted same with certain conditions: and
WHEREAS, the Owner has submitted a plat and subdivision agreement for the property
to the City for approval, execution and recordation (the .Plat"): and
WHEREAS, the City aaree& to approve, execute and record the Plat subject to the
provisions of the Code and other applicable rules and regulations in consideration of the
agreement of the Owner and 120 E. Main to the matterS and other conditions described herein;
and
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WHEREAS, the City has imposed conditions and requirements in connection with its
approval, execution and acceptance of the Plat and such matters are necessary to protect,
promote and enhance the public health, safety and welfare and, pursuant to the Code, the City
is entitled to assurances that the matters set forth herein will be faithfully performed by the
Owner and the Owner's successors and assigns: and
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JUL 09 '93 01:31PM
#358694 ~13/93 09:09 Rec $25.00 BK~7 PG 486
Silvia Davis, Pitkin Cnty Clerk, D02 .,.00
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WBBRBAS, the Owner and 120 B. Main are willin& to enter into such agreement with
the City and to provide assurances to. the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein and the
approval, execution and acceptance of the Plat for recordation by the City, it is agreed as
follows:
1. Description of Subdivision. Tbe subdivision entails the creation oh two (2) lot
subdivision conaisling of the parcels known u 117 North Aspen Street (Lot 1) and 120 B. Main
(Lot 2), and a map amendment for rezoning a portion of the subdivision from R.-fj to office.
2. AC1'~tan.ce of Plat. Upon execution of this Agreement by all parties hereto, and
upon approval of the Plat by the Bngineerinl Department and Planning Office, the City agrees
to approve and execute the Plat for the project submitted herewith, which Plat conforms to the
requirements of Section 24-7-1004 of the Code. The City agrees to accept such Plat for
feCQrcling in the offices of the Pitkin County Clerk and Recorder upon payment of the
recordation fee and costs to the City.
3. Special Improvement Diltrict, Owner hereby agrees to join any special
improvements district formed for the purposes of constructing improvements on the public
right-of-way.
4. Dl'lIina.!e. 120 E. Main Partners, LtcI. Liability Co. hereby agrees that any storm
run-off generated from a new parkina lot to be located on Lot 2 of the subdivision shall be
maintained on Lot 2. Prior to the issuance of a certificate of occupancy for such parkin& lot,
a drainage plan (complete with calculations) must be provided by an enginee: fCliste:ed in the
. State of Colorado, Such drainage plan shall be submitted to the Bnsineering Department of the
City to ensure that historic drainage patterns are retained on Lot 2, The dIainage plan shall
include calculations showing that the historic rate of run-off will be maintained.
s. Publisl Rights of Wa...v. Any owner of the Lots created hereunder must obtain an
~vation permit from the Street Department and design approval from the Engineering
Department for any work done in a publiC right-Of-way.
6. Material Rq:!re!lentatlnns. Ail material representations made by the Owner in the
application submitted by Design Workshop ana dated October 8, 1992, and oral statements made
by Owner at the Planning and Zoning Public Hearing of November 17, 1992, and the City
Council Public Hearina of 1anuary II, 1993 pertaininl to the ownerahip, maintenance, and use
of Lot 2 shall be binding on the Owner, its successors and assigns.
7. F..n(oreement, In the event the City determines the Owner is not in substantial
compliance with the terms of this Allreement or the Plat, the City may lerVe a Notice of Non-
Compliance and request that the deficiency be corrected within a period of forty-five (45) clays.
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JUL 09 '93 01:46PM
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#358694 07/13/93 09:09 Rec $25.00 BK 717 PG 487
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
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In the event the Owner believes that it is in compliance or that the non-compliance is
insubstantial, the Owner may request a hearing before the City Council to determine whether
the alleged non-compliance exists or whether any amendment, variance or extension of time to
comply should be granted. On request, the City shall conduct a hearing according to standard
procedures and take such action as it then deems appropriate. The City shall be entitled to all
remedies at equity and at law to enjoin, correct and/or receive damages for any non-compliance
with this agreement.
8. Nori.,..s. Notices to the Parties shall be sent by the United States Certified Mail,
Return Receipt Requested, Postage Prepaid, to the addresses set forth below or to any other
address which the parties may substitute in writing. Such notices shall be deemed received, i.f
not sooner received, three (3) days after the date of mailing of same.
To the Owner:
. U S WEST Communications, Inc.
clo U S WEST Business Resources, Inc.
188 Inverness Drive West, Suite 400
Englewood, Colorado 80112
Attention: Area Manager, Real Estate
With a copy to:
U S WEST, Inc.
7800 East Orchard Road, Suite 480
Englewood, Colorado 80111
Attention: Real Estate Attorney
clo City Manager
130 South Galena Street
Aspen, Colorado 81611
City Attorney
130 South Galena
Aspen, Colorado 81611
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To the City of Aspen:
With a copy to:
9. Bindill~ Effect. The provisions of this Agreement shall run with and constitute
a burden on the Property and shall be binding on and inure to the benefit of the Owner, its
successors and assigns and to the City, its successors and assigns.
10. Amendment. This agreement may be altered or amended only by written
instrument executed by all parties hereto with the same formality as this Agreement is executed.
11. Severability. If any of the provisions of this Agreement are determined to be
invalid, it shall not effect the remaining provisions hereof.
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JUL 09 '93
01:46PM-.
#3::58694 0.,13/93 09:09 Rec $2::5.00
SilVia Davis, Pitkin Cnty Clerk,
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BK 717 PG 4B8
Doc $.00
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12. Effective Date. This Agreement shall become effective upon the date of the last
signature set forth below.
CITY OF ASPEN, a municipal co1pOration
By: ~ /'.--.-'::;#-
10hn Bennett, Mayor Date
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Ar1"'M.OVED AS TO FORM:
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OWNER
US WEST COMMUNICATIONS, INC.,
a Colorado cotpg . on
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By:
Attorney-in-fact
120E. MAIN PARTNERS, LTD. LIABILITY CO.
a Colorado limited liability c~'
By: t:::; eI tV 0
lI&er
(Notary Acknowledgements on Following Page)
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JUL 09 '93 01:47PM 1""\ ,-, P.l
. #358694 07/13/93 09:09 Ree $25.00 Bk 717 PG 489
Silvia Davis, Pitkin Cnty Clerk, Doe $.00
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STATE OF COLORADO
COUNTY OF IlRArMO&
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~The foregoing instrument was acknow1e4ged before me this 9:!!:. day oOuly 1993, by
_ , as attorney-in-fact of US West Communications, Inc., a
C~l ..~rporalion. . . '
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,.<-:.::.:....-Wi~t..my hand and official seal.
ig /\.. C1f~1"~iii!;lission expires: My CommIsSIon
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S1:"ATE'oF COLORADO )
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COUNTY OF PITKIN )
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The foregoing instrument was acknowledged before ,me thisIZ? day ,of July 1993, by
'R~ u.". ~lZl.- .) ,as the manageraf 120E. MairiPartners,'LUi: Liability Co., a
"~~ f)~ted liability company. .
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Notary Public
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MEMORANDUM
TO:
Mayor and Council
THRU:
Amy Margerum, City Manager
Diane Moore, City Planning Directo@
Leslie Lamont, Senior Planner
January 11, 19~
US West/Design Workshop Inc. Subdivision and Map Amendment
Second Reading Ordinance 82, Series of 1992
THRU:
FROM:
DATE:
RE:
- - - - - - - - - - - - - - - - - - - - - - - - - _.- - - - - - - - - - - - - -
----------------------------------------
SUMMARY: The applicants, US West and Design Workshop Inc. (OWl),
propose a subdivision to reconfigure their property. OWl will gain
an additional 2,520 square feet of land from the US West property
to provide additional parking for their office building. In
addition, OWl proposes to rezone the added property from Medium-
Density Residential (R-6) to Office.
The subject properties are two parcels located between Bleeker and
Main Streets. The DWI parcel was the Old Library on Main Street
and the US West building is on the corner of North Aspen Street and
Bleeker Street.
Subdivision and rezoning is a two step process. The Planning and
40ning Commission reviewed the proposal and recommends to Council
approval of the subdivision and rezoning.
Council approved Ordinance 82 at first reading, December 7, 1992.
Please find attached Ordinance 82, Series of 1992, Exhibit "A".
PREVIOUS COUNC:IL ACTION: The old Library parcel was rezoned from
Public to Office in April of 1990. As a result of the rezoning the
parcel became non-conforming with respect to parking. Unless the
parcel was redeveloped, required parking could not be accommodated
on-site. At the time, the Land Use Code did not allow for a
reduction of on-site parking beyond 1.5 spaces per 1,000 square
feet of office space. Consequently, staff was directed by Council
to amend the Office zone district to enable alternative parking
mitigation when parking cannot be provided on-site.
Recent text amendments enable mitigation for reduced parking in
the Office zone district by Special Review through the Commission.
BACKGROUND: DWI has negotiated with US West to purchase a portion
of their property which lies directly north of the DWl parcel to
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provide for 9 on-site parking spaces. In order for US West to
convey this land to DWI both parties must adjust their property
boundaries through the subdivision process.
At the October 20, 1992 meeting the Planning and Zoning commission
approved, through Special Review, a parking plan for OWl to provide
14 on-site parking spaces and make a payment-in-lieu for one space.
Approval was subject to subdivision approval for the additional
land needed for parking.
CURRENT ISSUES: The US West parcel, zoned R-6, conta ins a one
story, 6,960 square foot structure and an approximately 10 car
parking lot that is adjacent to the OWl parcel. The building
functions primarilY as a switching station and no longer requires
10 parking spaces. The small (90' X 28') portion of land that will
be conveyed to DWI, other than serving as parking for the switching
station, is vacant except for one electric transformer and several
telephone pedestals, two of which will be moved.
The Design Workshop Inc. parcel, zoned Office, contains a one story
building with a basement that was recently renovated for offices.
The building is approximately 8,198 gross square feet. The net
leasable space is 5,042 square feet which requires 15 parking
spaces. As previously mentioned, the applicant has received
Special Review from the commission for a parking plan.
SUbdivision- In order for DWI to purchase 2,520 square feet of
land from US West both parties must essentially adjust their lot
lines. However, the lot line adjustment review process was
established for minor changes in property lines while full
sUbdivision review is more appropriate for a property adjustment
of this proportion.
Through subdivision, section 24-7-1004, both lots will be adjusted
and remain conforming lots of record without creating a separate
parcel for purchase by DWI. Please find attached pertinent
Subdivision review criteria Exhibit "B".
Rezoninq _ In addition, DWI intends to rezone the added property
(2,520 square feet) from R-6 to Office. AcCording to section 24-
5-302 of the Municipal Code, off-street parking requirements for
the office zone district shall not be located in any adjacent
residential zone district.
Rezoning the additional 2,520 square feet of land from R-6 to
Office will provide the parcel with an additional 1,620 square feet
of land available for calculating allowable floor area. According
to section 24-5-502 of the Municipal code, the vacated alley
(approximately 900 square feet), cannot be included as land
available for calculating allowable floor area.
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Please note, the adjacent Sardy House
the zone district boundary extends
encroaching into the R-6 zone district
rezoning.
parcel is zoned Office and
beyond the vacated alley
similar to the proposed DWI
As a reference, the setbacks for the Office zone district are 15
feet for the rear yard and 5 feet for the side yard. Therefore,
if the entire property were zoned Office and redeveloped, a new
building could encroach 13 feet beyond the original R-6/0ffice zone
district boundary, please see Exhibit "C".
However, a redevelopment of the parcel that adds floor area would
require additional parking, employee mitigation and other reviews
for a Growth Management allocation.
Please find attached Rezoning review criteria, Exhibit "0".
RECOMMENDATION: The Planning and Zoning Commission recommends to
Council approval of the US West/Design Workshop Inc. sUbdivision
and rezoning of the adjusted property from R-6 to Office with the
following conditions:
1. A sUbdivision plat must be submitted which meets the
requirements of Section 24-7-1004. (2) (D) of the Municipal
Code. The applicant is required to submit two reproducible
mylars for approval by the engineering department and record
one plat with the Pitkin County Clerk and Recorder. It is
recommended that a blueline be submitted for review prior to
the final submission.
2. The vicinity map needs to be shown on the plat at a scale of
1"=400'.
4. A statement shall be included on the plat to the effect that
all easements indicated in title policy number ,dated
are shown on this plat.
5. A statement shall be included on the plat that the applicant
agrees to ]01n any improvement district formed for the
purposes of constructing improvements in the public right-
Of-way.
6. The surveyor's certificate on the plat needs to include
language that the survey was performed in accordance with
Colorado Revised Statutes, Title 38, Article 51, as amended
from time to time. The plat shall also include a
certification that there is closure of 1:10,000.
7. The plat shall illustrate all existing improvements i.e. all
buildings, sidewalk, curb and gutter, trash areas and the
entire parcels.
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8. A statement shall be included on the plat to read: any work
in the public right-of-way requires an excavation permit from
the street Department.
9. Any storm run-off generated from the new parking lot to be
developed by Design Workshop must be maintained on-site.
Prior to the issuance of final Certificate of Occupancy a
drainage plan, complete with calculations must be provided by
an engineer registered in the state of Colorado and submitted
to the Engineering Department to ensure that historic drainage
patterns are retained in the new parking lot.
10. A final sUbdivision plat and agreement must be recorded within
180 days of final approval.
ALTERNATIVES:
1. If council does not approve the subdivision, OWl could not
provide the required parking on-site and would have to make a cash-
in-lieu payment for 10 parking spaces totaling $150,000. The
inability to provide adequate on-site parking potentially
aggravates the parking problems experienced in the surrounding
neighborhood.
2. If council does not approve the subdivision, OWl would not be
able to lease the space from us West because it has been determined
that a long-term lease is in fact a subdivision of land.
3. If council does not approve the rezoning, OWl could not use
the property for off-street parking because parking required for
the Office zone district shall not be located in any adjacent
residential zone district.
4. If council does not approve the rezoning, future office
development can only occur on the land that is zoned Office. only
the land zoned Office can be used for floor area and density
purposes.
PROPOSED MOTION:
"I move to adopt Ordinance 82, Series of 1992."
CITY MANAGER COMMENTS:
EXHIBITS
"A" Ordinance 82, Series 1992
"B" SUbdivision Review criteria
"C" potential Redevelopment Map
"D" Map Amendment Review criteria
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MEMORANDUM
TO:
Mayor and Council
Amy Margerum, City Manager V
Diane Moore, City Planning Directo~
Leslie Lamont, Senior Planner
THRU:
THRU:
FROM:
DATE:
December 7, 1992
US West/Design Workshop Inc. Subdivision and Map Amendment
First Reading Ordinance U. Series of 1992
RE:
------------------.----------------------
----------------------------------------
SUMMARY: The applicants, US West and Design Workshop Inc. (DWI),
propose a subdivision to reconfigure their property. DWI will gain
an additional 2,520 square feet of land from the US West property
to provide additional parking for their office building. In
addition, DWI proposes to rezone the added property from Medium-
Density Residential (R-6) to Office.
The subject properties ~re two parcel located between Bleeker and
Main streets. The DWI parcel was the Old Library on Main street
and the us West building is on the corner of North Aspen street and
Bleeker Street.
Subdivision and rezoning is a two step process. The Planning and
Zoning Commission reviewed the proposal and recommends to Council
approval of the subdivision and rezoning.
Please find attached Ordinance '!2-, series of 1992, Exhibit "A".
PREVIOUS COUNCIL ACTION: The Old Library parcel was rezoned from
Public to Office in April of 1990. As a result of the rezoning the
parcel became non-conforming with respect to parking. Unless the
parcel was redeveloped, required parking could not be accommodated
on-site. At the time, the Land Use Code did not allow for a
reduction of on-site parking beyond 1.5 spaces per 1,000 square
feet of office space.. Consequently, staff was directed by Council
to amend the Office zone district to enable alternative parking
mitigation when parking cannot be provided on-site.
Recent text amendments enable mitigation for reduced parking in
the Office zone district by Special Review through the Commission.
BACKGROUND: DWI has negotiated with us West to purchase a portion
of their property which lies directly north of the DWI parcel to
provide for 9 on-site parking spaces. In order for us West to
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convey this land to OWl both parties must adjust their property
boundaries through the subdivision process.
At the October 20, 1992 meeting the Planning and Zoning Commission
approved, through Special Review, a parking plan for OWl to provide
14 on-site parking spaces and make a payment-in-lieu for one space.
Approval was subject to subdivision approval for the additional
land needed for parking.
CURRENT ISSUES: The US West parcel, zoned R-6, contains a one
story, 6,960 square foot structure and an approximately 10 car
parking lot that is adjacent to the OWl parcel. The building
functions primarily as a switching station and no longer requires
10 parking spaces. The small (90' X 28') portion of land that will
be conveyed to OWl, other than serving as parking for.the switching
station, is vacant except for one electric transformer and several
telephone pedestals, two of which will be moved.
The Oesign Workshop Inc. parcel, zoned Office, contains a one story
building with a basement that was recently renovated for offices,
The building is approximately 8,198 gross square feet.. The net
leasable space is 5,042 square feet which requires 15 parking
spaces. As previously mentioned, the applicant has received
Special Review from the Commission for a parking plan.
Subdivision - In order for OWl to purchase 2,520 square feet of
land from US West both parties must essentially adjust their lot
lines. However, the lot line adjustment review process was
established for minor changes in property lines while full
subdivision review is more appropriate for a property adjustment
of this proportion.
Through subdivision, Section 24-7-1004, both lots will be adjusted
and remain conforming lots of record without creating a separate
parcel for purchase by OWL Please find attached pertinent
SUbdivision review criteria Exhibit "B".
Rezoning - In addition, OWl intends to rezone the added property
(2,520 square feet) from R-6 to Office. According to Section 24-
5-302 of the Municipal Code, off-street parking requirements for
the Office zone district shall not be located in any adjacent
residential zone district.
Rezoning the additional 2,520 square feet of land from R-6 to
Office will provide the parcel with an additional 1,620 square feet
of land available for calculating allowable floor area. According
to Section 24-5-502 of the Municipal Code, the vacated alley
(approximately 900 square feet), cannot be included as land
available for calculating allowable floor area.
2
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Please note, the adjacent Sardy House
the zone district boundary extends
encroaching into the R-6 zone district
rezoning.
parcel is zoned Office and
beyond the vacated alley
similar to the proposed DWI
As a reference, the setbacks for the Office zone district are 15
feet for the rear yard and 5 feet for the side yard. Therefore,
if the entire property were zoned Office and redeveloped, a new
building could encroach 13 feet beyond the original R-6/0ffice zone
district boundary, please see Exhibit "C".
However, a redevelopment of the parcel that adds floor area would
require additional parking, employee mitigation and other reviews
for a Growth Management allocation.
Please find attached Rezoning review criteria, Exhibit "D".
RECOMMENDATION: The Planning and Zoning Commission recommends to
Council approval of the us West/Design Workshop Inc. subdivision
and rezoning of the adjusted property from R-6 to Office with the
following conditions:
1. A subdivision plat must be submitted which meets the
requirements of Section 24-7-1004.(2) (D) of the Municipal
Code. The applicant is required to submit two reproducible
mylars for approval by the engineering department and record
one plat with the Pitkin County Clerk and Recorder. It is
recommended that a blueline be submitted for review prior to
the final submission.
2. The vicinity map needs to be shown on the plat at a scale of
1"=400'.
4. A statement shall be included on the plat to the effect that
all easements indicated in title policy number ,dated
are shown on this plat. --
5. A statement shall be included on the plat that the applicant
agrees to join any improvement district formed for the
purposes of constructing improvements in the public right-
of-way.
6. The surveyor I s certificate on the plat needs to include
language that the survey was performed in accordance with
Colorado Revised Statutes, Title 38, Article 51, as amended
from time to time. The plat shall also include a
certification that there is closure of 1:10,000.
7.
The plat shall illustrate all existing
buildings, sidewalk, curb and gutter,
entire parcels.
improvements i.e. all
trash areas and the
3
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8. A statement shall be included on the plat to read: any work
in the public right-of-way requires an excavation permit from
the street Department.
9. Any storm run-off generated from the new parking lot to be
developed by Design Workshop must be maintained on-site.
Prior to the issuance of final Certificate of Occupancy a
drainage plan, complete with calculations must be provided by
an engineer registered in the state of 'Colorado and submitted
to the Engineering Department to ensure that historic drainage
patterns are retained in the new parking lot.
10. A final subdivision plat and agreement must be recorded wi thin
180 days of final approval.
ALTERNATIVES:
1. If Council does not approve the subdivision, DWI could not
provide the required parking on-site and would have to make a cash-
in-lieu payment for 10 parking spaces totaling $150,000. The
inability to provide adequate on-site parking potentially
aggravates the parking problems experienced in the surrounding
neighborhood.
2. If Council does not approve the subdivision, DWI would not be
able to lease the space from us West because it has been determined
that a long-term lease is in fact a subdivision of land.
3. If Council does not approve the re~oning, DWI could not use
the property 10r off-street parking because parking required for
the Office zone district shall not be located in any adjacent
residential zone district.
4. If Council does not approve the rezoning, future office
development can only occur on the land that is zoned Office. And
only the land zoned Office can be used for floor area and density
purposes.
PROPOSED MOTION: "I move to read ordinance~, Series of 1992."
"I move to approve Ordinance ~ series of 1992 for the us
West/Design Workshop Inc. subdivision and. rezoning on first
reading."
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CITY MANAGER COMMENTS:
EXHIBITS
"A" Ordinance ~ Series 1992
"B". Subdivision Review Criteria
"C" Potential Redevelopment Map
"D" Map Amendment Review Criteria
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Leslie Lamont, Senior Planner
DATE:
November 17, 199.2
US West/Design Workshop Subdivision and Map Amendment
RE:
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SUMMARY: The applicants, US West, propose to subdivide their
property in order to convey a small piece to Design Workshop Inc.
In addition, Design Workshop Inc. proposes to rezone their newly
acquired property from R-6 to Office and use the property for on-
site parking. The subject property is currently used as parking
for the US West building.
Subdivision and rezoning is a two step process. The Commission
shall review the proposal and make a recommendation to Council.
Staff recommends approval of the sUbdivision and rezoning.
APPLICANT: US West and Design Workshop Inc.
LOCATION: 117 North Aspen Street, Lots C, D, & E and 1/2 of the
vacated alley, Block 66 and 120 East Main, Aspen Colorado
ZONING: R-6 and Office
APPLICANT'S REQUEST: Subdivision and Rezoning
REFERRAL COMMENTS:
Engineering Having reviewed the 5ubmi tted drawing, the
engineering department has the following comments:
1. A plat must be submitted which meets the requirements of
Section 24-7-1004.D of the Municipal Code. The applicant is
required to submit two reproducible mylars for approval by the
engineering department and record one plat with the Pitkin
County Clerk and ReCorder. It is recommended that a blueline
be submitted for review prior to the final submission.
2. The vicinity map needs to be at a scale of 1"=400'.
4. A statement to the effect that all easements indicated in
title policy number ___' dated ~ are shown on this plat.
5. A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements
in the pUblic right-of-way.
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6. The surveyor's certificate needs to include language that the
survey was performed in accordance with Colorado Revised
statutes 1973, Title 38, Article 51, as amended from time to
time. Also it must include that there is closure of 1: 10,000.
7. The plat is incomplete with respect to existing improvements
i.e. the rest of the building, sidewalk, curb and gutter,
trash areas.
8.' The plat needs to show the entire Design Workshop parcel and
all improvements.
9. Any work in the public right-of-way requires an excavation
permit from the street Department.
10. Any storm run-off generated from the new parking lot to be
developed by Design Workshop must be maintained on-site. A
drainage plan, complete with calculations must be provided by
an engineer registered in the state of Colorado and submitted
to the Engineering Department to ensure that historic drainage
patterns are retained in the new parking lot.
STAFF COMMENTS:
I. Background: Design Workshop Inc. (OWl) has recently acquired
the Old Library parcel which was rezoned from Public to Office two
years ago. In an effort to provide more on-site parking, OWl has
been negotiating with us West to purchase approximately 2,520
square feet of their property which lies to the north of the OWl
parcel. The us West building functions primarily as a switching
station and no longer requires the amount of land for parking that
is currently on-site. In order for us West to convey this land
the parcel must undergo subdivision.
DWI intends to modify the new parcel creating 9 on-site parking
spaces. The Planning and Zoning Commission, through Special
Review, reviewed the parking plan at the October 20, 1992 meeting.
The Commission approved a parking plan for 14 on-site parking
spaces and payment-in-lieu for one space that cannot be
accommodated on-site. Please find attached October 20, 1992 memo
to the P&Z, Exhibit A.
In addition, OWl will rezone the property from R-6 to Office to be
consistent with the rest of their parcel.
II. site Description: The us west parcel contains a one story,
6,960 square foot structure that serves as a switching station for
communications. Behind the building is an approximately 10 car
parking lot.
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The Design Workshop Inc. parcel contains a one story building,
a basement, that has recently been renovated for offices.
building is approximately 8,198 gross square feet.
The parcel that will be conveyed is a 90 by 28 foot piece of land,
including the vacated alley, in the back of the US West property.
The small piece is vacant except for one electric transformer and
several telephone pedestals, two of which will be moved.
with
The
III. Subdivision In order to create a separate parcel for sale
and rezoning the US West proposes to subdivide their 19,020 square
foot parcel creating a separate 2,520 square foot parcel.
1. Pursuant to Section 7-1004 C.1., the General Requirements for
subdivision are as follows:
(a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The intent of the s1.lbdivision proposal is to enable
Design Workshop Inc. to provide more on-site. parking. The Aspen
Area Comprehensive Plan does not specifically address this property
or the recent zone changes to the Design Workshop property.
(b) The proposed sUbdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: Existing land uses in the area include office and lodge
along Main Street and residential on Bleeker Street. The focus of
months of work with Design Workshop has been parking mitigation.
The provision of more on-site parking to accommodate office use in
the Old Library building dissuades occupants of the building from
parking in adjacent neighborhoods. This subdivision helps to
maintain the existing character of the neighborhood.
In addition, many uses along Main Street provide customer/employee
parking at the rear of their buildings.
The existing character of the US West parcel or surrounding
properties will not change. Because the small piece that is being
conveyed to DWI is at the rear of the property, the appearance from
the street of the US West lot from the street should not change
significantly.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: Other than redevelopment of the US West property, the
only parcel left with substantial development potential on this
block are Lots A & B totaling 6,000 square feet. Currently there
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is a nonconforming fourplex on the property. Future development
of this property is not affected by this sUbdivision.
(d) The proposed sUbdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: . The sUbdivision is intended for on-site parking only.
If Design Workshop proposed to expand the building, the acquired
parcel would be considered additional lot area for floor area
purposes. However, any additional development would require a.
growth management. review process including mitigation for open
space, parking and employee housing.
~he US West parcel is zoned R-6 and the required minimum lot area
~n the R-6 zone district is 6,000 square feet. After the
subdivision us West will retain 16,500 square feet of land which
complies with underlying zoning. This is enou9h lot area in the
R-6 zone district to allow future development of either a single
family or duplex residence.
The switching station is a nonconforming use in the R-6 zone
district. If the property were redeveloped a single family or
duplex residence is the only permitted use.
If US West seeks to develop their property for more than two
dwelling units, all applicable chapters of the Municipal Code,
including sUbdivision and GMP would apply.
2. Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
(a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mUdflow, rock
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: There are no natural hazards that exist on the site that
would endanger the welfare of future residents. However, Design
Workshop shall work with the Engineering Department to ensure that
historic drainage patterns are retained in the new parking lot.
(b) Spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
pUblic facilities and unnecessary public costs.
RESPONSE: There are no unnecessary public costs associated with
this proposal.
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3 & 4. Improvements and Design standards
of the relevant subdivision standards:
following is a review
(a) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - The
electric transformer shall remain in the current location but
two out of the three telephone pedestals will be relocated.
(b) DRAINAGE - A drainage plan, complete with calculations
must be provided by an engineer registered in the state of
Colorado and submitted to the Engineering Department to ensure
that historic drainage patterns are retained in the new
parking lot.
(c) ROADS - Design Workshop shall adhere to the conditions of
approval for the amended parking plan that was presented to
the Planning and Zoning Commission for Special Review.
(d) FINAL PLAT - The Subdivision plat needs to include:
* A plat must be submitted which meets the requirements of
Section 24-7-1004.D of th~ Municipal Code. The applicant is
required to submit two reproducible mylars for. approval by the
engineering department and record one plat with the Pitkin
County Clerk and Recorder. It is recommended that a blueline
be submitted for review prior to the final submission.
* The vicinity map needs to be at a scale of 1"=400'.
* A statement to the effect that all easements indicated in
title policy number ~, dated ____ are shown on this plat.
* A statement that the applicant agrees to ]01n any
improvement district formed for the purposes of constructing
improvements in the public right-of-way.
* The surveyor's certificate needs to include language that
the survey was performed in accordance with Colorado Revised
Statutes 1973, Title 38, Article 51, as amended from time to
time. Also it must include that there is closure of 1: 10,000.
* The plat is incomplete with respect to existing
improvements i.e. the rest of the building, sidewalk, curb and
gutter, trash areas.
* The plat needs to show the entire Design Workshop parcel
and all improvements.
* The final subdivision plat and agreement must be filed
within 180 days of final approval.
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IV. Rezoninq - Design Workshop Inc. proposes to rezone the newly
acquired parcel from R-6 to Office. Pursuant to Section 7-1102 the
standards of review for an amendment to the Official Zone District
Map are as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is consistent with the recent
rezoning of the Old Library from Public to Office, enabling DWI to
comply with the parking requirements of the Office zone district.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The Aspen Area comprehensive Plan does not specifically
address this particular site.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: This project site is bordered by R-6 zoning on Bleeker
street and Office zoning on Main street. In addition, the Sardy
House (zoned LP) is adjacent to the Design Workshop Inc. parcel.
Rezoning the conveyed piece of land is consistent with the zoning
along Main street. The sUbdivision enables the conveyance of a
small piece of land. It does not create a separate parcel for
potential development purposes.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: It can be argued that rezoning the Old Library parcel
two years ago may have impacted traffic and parking problems
related to this parcel. However, rezoning. the new parcel should
not exacerbate traffic and road safety issues. In fact, the
subdivision and rezoning enables occupants of the Design Workshop
building to park on-site rather than in adjacent neighborhoods.
The parking plan incorporating the new parcel was approved by the
Planning and Zoning Commission at their October 20, 1992 meeting.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: This rezoning will have no affect on public facilities.
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f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: It is necessary to relocate or replace ,a very large
spruce tree pursuant to a tree relocation permit.
g. Whether the proposed amendment is consistent and
compatible with the community character in the city of Aspen.
RESPONSE: The proposal to provide on-site parking combined with
payment-in-lieu helps keep employee parking out of adjacent
neighborhoods and helps fund the parking program.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: Many years ago the alley on this block was vacated.
Nine hundred square feet of the land being conveyed to Design
Workshop Inc. is the vacated alley. In 1990, the Design Workshop
parcel was rezoned from Public to Office. The Office zone district
requires more stringent parking requirements than Public. These
two events support the rezoning from R-6 to Office to facilitate
Design Workshop's parking plan.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE:
policy.
The amendment is consistent with established public
-------------------------------------------
RECOMMENDATION: Staff recommends approval of the rezoning and
subdivision with the following conditions:
1. A plat must be submitted which meets the requirements of
Section 24-7-1004.D of the Municipal Code. The applicant is
required to submit two reproducible mylars for approval by the
engineering department and record one plat with the Pitkin
County Clerk and Recorder. It is recommended that a blueline
be submitted for review prior to the final submission.
2. The vicinity map needs to be at a scale of 1"=400'.
4. A statement to the effect that all easements indicated in
title policy number , dated _ are shown on' this plat.
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5. A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements
in the pUblic right-of-way.
6. The surveyor's certificate needs to include language that the
survey was performed in <;lccordance with Colorado Revised
statutes 1973, Title 38, Article 51, as amended from time to
time. Also it must include that there is closure of 1: 10,000.
7. The plat is incomplete with respect to existing improvements
i.e. the rest of the building, sidewalk, curb and gutter,
trash areas.
8. The plat needs to show the entire Design Workshop parcel and
all improvements.
9. Any work in the public right-of-way requires an excavation
permit from the street Department.
10. Any storm run-off generated from the new parking lot to be
developed by Design Workshop must be maintained on-site. A
drainage plan, complete with calculations must be provided by
an' engineer registered in the state of Colorado and submitted
to the Engineering Department to ensure that historic drainage
patterns are retained in the new parking lot.
11. The f.inal subdivision plat and agreement must be filed
within 180 days of final approval.
RECOMMENDED MOTION: "I move to recommend to Council approval of
the subdivision between the us West property and Design Workshop
Inc. property with the conditions listed in Planning memo dated
November 17, 1992."
"I move to recommend to Council approval of the map amendment for
the parcel conveyed to Design Workshop Inc. from R-6 to Office."
EXHIBITS
A. October 20, 1992 memo to the commission
B. Draft subdivision plat
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer
Date: November 12, 1992
Re: Old Library Special Review - Subdivision
Having reviewed the submitted drawing, the engineering department has the following comments:
L A plat must be submitted which meets the requirements of Section 24,7-1004.D of the
Municipal Code. The applicant is required to submit two reproducible mylars for approval
by the engineering department and record one plat with the Pitkin County Clerk and
Recorder. It is recommended that a blue line be submitted for review prior to the final
submission,
2. The vicinity map needs to be at a scale of 1" =400',
4, A statement to the effect that all easements indicated in title policy number _, dated _
are shown on this plat,
5, A statement that the applicant agrees to join any improvement district formed for the
purposes of constructing improvements in the public right-of-way.
6. The surveyor's certificate needs to include language that the survey was performed in
accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time
to time. Also it must include that there is closure of 1: 10000.
7. The plat is incomplete with respect to existing improvements i.e. the rest of the
1:x.Jilding,
sW.valk,
curb and
gutter,
trash
areas,
8. The plat needs to show the entire Design Workshop parcel and all improvements. The plat
needs to show the entire Design Workshop parcel.
9, Any work in the public right-of-way requires an excavation permit from the Street
Department.
10. Any storm run-off generated from the new parking lot to be developed by Design Workshop
must be maintained on-site, A drainage plan, complete with calculations must be provided
by an engineer registered in the State of Colorado and submitted to the Engineering
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Department to ensure that historic drainage patterns are retained in the new parking lot,
cc: Chuck Roth, City Engineer
rt/CASELOAD92.018c
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u S weST 8u.ln,nAoeourc;o&. Jnc.
1005 SlW8nteenth Street,Room 1530
O~nv9r, Colorado 80202
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October 30, 1992
Leslie Lamont
Senior Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Ms. Lamont:
I
,
The purpose of this letter is to serve as notice to you that' .
US WSST Communications, Inc., current record owner of Blockl66,
lots C, D, and E, in the City of Aspen, consents to the submiF~ion
of a Subdivision Application with respect to this property .
which is being purchased from U S WEST by 120 East Main parr' Eirs.
This letter is in place of an earlier plan to pursue a Lot Line
Adjustment Application to which U S WEST gave its consent in a
letter dated October 3, 1992. The principal tenant associate ~.ith
this property!s Oesign Workshop, Inc. Mr. Bill Kane of 0 Sign
Workshop and Joe Souuto of U S lfflST Business Resources, Inci.are
authorized to and will be oommunioating with you as requir~d in
order to facilitate the application process. i .
If you have any questions or need additional 1nfo~tion, p~~ase
feel free to contact Joe Bozzuto at U S WEST BRI, on 303 292-~035.
Thank you for your assistance through this process. ! .
Sincerely,
U S WEST Communications, Inc.
a Colorado corporation
By:
U S WEST Business Resources,Inc.
a Colorado corPoration,
..t~en~
By: .
Titl., - . 1If.-!.~-6J~~
120 E. Main Street
Aspen, Colorado
81611
Telephone
:,0:3 925,8354
Facsimile
:,03 920-1387
Denver
Phoenix
Sao Paulo
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Design \Vorkshop, Inc.
Landscape Architecture
Land Planning
Urban Design
Tourism Planning
NOV
31992
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October 30, 1992
Ms. Leslie Lamont
AspenlPitkin County Planning Office
130 South Galena Street
Aspen, CO 81611
Dear Ms. Lamont:
The attached documents constitute our application for subdivision approval for the
conveyance of 2,320 sq. ft. of land from U.S. West Communications to Design
Workshop, Inc. This, as you know, is a land parcel of 90 feet by 28 feet which is being
purchased by our firm from U.S. West to meet our on-site parking plan which was
approved by Special Review by the City of Aspen Planning and Zoning Commission on
October 20, 1992.
Attached is our check in the amount of $1,154 to cover this application and review
process. It is our understanding that this fee is to cover projected staff time and any
unused portion will be returned to us. Weare also including the following information:
1. Land Use Application Form, Attachment 1
2. Applicant Information
3. Street AddressJLegal Description
4. Ownership Proof
5. Vicinity Map with Zoning and Surrounding Land Uses
6. Development Proposal
7. Subdivision Plat
We have posted the property with proper notice and notified all property owners with 300
feet of our land. We have also provided notice, by registered mail to the parcel owners,
U.S. West.
We look forward to the public hearing scheduled before the Planning and Zoning
Commission for November 17, and we appreciate your assistance in organizing this
application process.
Sincerely,
Design Workshop, Inc.
and 120 East Main
S"-2d:z~~<<1
By: 111 Kane
Principal
BK/la
Enclosures
DESIGNWORKSHOP
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Development Proposal
This subdivision application is being made to allow the conveyance of 2,520 sq. ft. of
land from U.S. West Communications to 120 East Main Partnership, Ltd. (owners and
partners of Design Workshop, Inc.) This land purchase is being completed to
accommodate ten on-site parking spaces which have been mandated as part of the Special
Review approval granted by the City of Aspen Planning and Zoning Commission on
October 20, 1992; minutes are attached. In conformance with that approval, no final
Certificate of Occupancy can be issued until the following conditions are met:
1. Payment of $15,000 cash-in-lieu for unmet parking on-site;
2. Implement the approved parking plan;
3. Obtain any necessary tree removal permits;
4. Post a sign at the entrance to Gannisch Street stating that the alley is a driveway
and cannot be blocked (City Street Department);
5. Consult with neighbors prior to signing.
In addition to the subdivision approval, it is also requested that the land parcel to be
conveyed be rezoned from R-6 to O-Office to be in conformance with the office use of
the lot.
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ATTACHMENT A
MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Leslie Lamont, Planning
Old Library Amended Special Review for On-site Parking
and Cash- in-Lieu for Parking Mitigation
RE:
DATE:
October 20, 1992
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SUMMARY: Design Workshop Inc. (OWl) seeks to establish on~site
parking and approval of cash-in-lieu for parking mitigation for the
Old Library building in the Office zone district. Parking is
established by Special Review from the Commission in the Office
zone district.
The Commission reviewed a parking plan for Design Workshop at the
August 4, 1992 meeting. The Commission approved a parking plan for
5 on-site parking spaces and cash-in-lieu for 10 parking spaces
(please see attached parking plan, Attachment A).
Design Workshop has successfully entered into a contract to
purchase a portion of the adjacent US West parking lot. Therefore,
the applicant seeks to amend their parking plan to provide more on-
site parking.
APPLICANT: Design Workshop Inc. as represented by Bill Kane
LOCATION: 120 East Main street, Aspen
ZONING: Office
APPLICANT'S REQUEST: To amend the parking plan that was approved
by the Commission in August of 1992 (please see attached amended
parking plan, Attachment B).
REFERRAL COMMENTS: Please see Attachment C.
STAFF COMMENTS: The Old Library parcel was rezoned from Public to
Office in April of 1990. As a result of the rezoning the parcel
became non-conforming with respect to parking. Unless the parcel
were to be redeveloped, required parking cannot be accommodated on-
site and the Zoning Code did not allow a reduction of on-site
parking beyond 1.5 spaces per 1,000 square feet of office space
without alternative mitigation. Consequently, staff was directed
by Council to amend the Office zone district to enable alternative
parking mitigation when parking cannot be provided on site.
Recent text amendments enable reduction of parking in the Office
zone district with mitigation by Special Review through the
Commission.
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OWl has now entered into a contract with US West to purchase a
portion of the US West parking lot which is located behind the Old
Library parcel. OWl proposes to provide on-site parking, for their
building, on the newly acquired us West land.
OWl will seek a lot line adjustment from city Council, at the
October 26, 1992 meeting, in order to document the acquired
property.
The net leasable space has been determined to be 5,042 square feet
which yields a total parking requirement of 15 spaces. The
applicant now proposes to provide 14 on-site parking spaces and
make a payment in lieu for the remaining 1 space.
However, the applicant must work with staff to ensure that there
is enough clearance for spaces 1-9.
Pursuant to Section 7-404, whenever the off-street parking
requirements of a proposed development are subject to establishment
and/or mitigation via a payment in lieu by special review the
development application shall only be approved if the following
conditions are met:
1. In all zone districts where the off-street parking
requirements are sUbject to establishment and/or mitigation
by special review, the applicant shall demonstrate that the
parking needs of the residents, customers, guests and
employees of the project have been met, taking into account
potential uses of the parcel, the projected traffic generation
of the project, the projected impacts onto the on-street
parking of the neighborhood, its proximity to mass transit
routes and the downtown area, and any special services, such
as vans, provided for residents, guests and employees.
In determining whether to accept the mitigation or whether to
require that the parking be provided on-site, the commission
shall take into consideration the practical ability of the
applicant to place parking on-site, whether the parking needs
of the development have been adequately met on-site and
whether the city has plans for a parking facility which would
better meet the needs of the development and the community
than would location of the parking on-site.
RESPONSE: OWl intends to purchase the building for their office
use. They will not demolish the building but will establish the
business in the existing parameters of the structure. Based upon
their operational needs the company has calculated that 4,052
square feet of net leasable is necessary for their daily operations
and approximately 3,146 square feet is attributed .to circulation,
bathrooms and storage area. OWl also proposes to lease 1,000
square feet. Thus the total net leasable equals 5,052 square feet.
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This new parking plan provides more parking on-site. staff has
long encouraged OWl to pursue the purchase of the us West parking
lot.
The Planning Director, interpreting the Special Review section of
the Code, has determined that the commission does have the ability
to review and approve a site specific parking plan.
Again, staff supports the proposed parking plan for the following
reasons:
*
The building
use. Cars
necessary.
is under one ownership and one principal
can be easily controlled and moved if
* The alley behind the old library has been vacated and is
now a private access easement off of Garmisch Street.
Only one car at a time can pull onto Garmisch Street.
* A RFTA bus stop and easement that services most primary
bus routes is directly in front of the building.
* Stacking is already a concept used for residential uses.
* If more parking is accommodated on-site less cars will
park in the surrounding neighborhood. A payment-in-lieu
does not keep cars out of the neighborhoods.
* If the parcel were redeveloped, the non-conforming nature
of the structure would be required to be rectified.
2. In all zone districts, where the off-street parking
requirement may be provided via a payment in lieu, the
applicant shall make a one-time only payment to the City, in
the amount of $15,000 per space. Approval of the payment-
in-lieu shall be at the option of the commission.
RESPONSE: To meet the full parking requirement in the Office zone
district the building would have to be demolished. To comply with
the parking requirement for the remaining parking spaces that will
not fit on-site OWl will need to make a payment-in-lieu for a total
to be determined by the Planning and Engineering Department.
.
RECOMMENDATION: Staff recommends approval of the amendment to the
approved parking plan for 120 East Main Street and a payment-in-
lieu for the parking spaces that cannot be accommodated on-site at
$15,000 a space with the following conditions:
1. Prior to the issuance of a certificate of occupancy the
applicant shall make a one time payment for one parking space that
cannot be accommodated on-site.
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2. Prior to the issuance of a certificate of occupancy, the
applicant shall implement the approved parking plan.
3. The applicant shall obtain a tree removal permit for any trees
six inches in caliper or greater that are proposed to be removed.
4. A sign shall be posted at the entrance of the driveway off of
Garmisch street stating that this is a driveway and do not block.
5. The cars shall only be stacked two deep.
6. Surrounding property owners shall be consulted prior to signing
the parking spaces.
7. This Special Review is subject to subdivision approval by city
Council.
RECOMMENDED MOTION: II I move to approve the amendment to the on-
site parking plan for 120 East Main and the payment-in-lieu for one
parking space that cannot be accommodated on-site, as required in
the Office zone district, at $15,000 with conditions 1-7 as
amended."
ATTACHMENTS:
A. Parking Plan approved August 1992
B. Amended parking Plan
c. Engineering Referral Comments
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ATTACHMENT A
APPROVED PARKING PLAN
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ATTACHMENT B
AMENDED PARKING PLAN
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
October 19, 1992
Bill Kane
Design Workshop
120 E. Main street
Aspen, CO 81611
Re: U.S. West/DesignWorkshop Lot Line Adjustment
Case A81-92
Dear Bill,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete, except we need to receive $90.00 for the engineering
referral fee.
We have scheduled this application before the Aspen city council
on Monday, October 26, 1992 at a meeting to begin at 5:00 p.m.
Should. these dates be inconvenient for you please contact me within
3 working days of the date of this letter. After that the agenda
dates will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting dates, we will
. call to in.form you that a. copy of the memo pertaining to the
application is available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
~v.-
Suzanne L. Wolff
Administrative Assistant
forms~cc.no.ph
,-"
,-"
ATTACHMENT C
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer
Date: October 15, 1992
Re: Old Library Special Review - Parking
Having reviewed the submitted drawing, the engineering department has the following comments:
1. Based on the City of Aspen's parking standards and referencing the Institute of Transportation
Engineers Transportation and Traffic Engineering Handbook, the current parking configuration does
not work. The new spaces along the north property line need to have a minimum of 24 feet of clear
space between the end of the stall and the wall, this is to facilitate turning movements. The parking
plan submitted only has 15 feet.
2. In examining angle parking, both 45 degree and 60 degree, I find that there will be 4 less spaces
and 2 less spaces respectively. Only the 45 degree parking meets the minimum clearance standard.
It is staffs position that angle parking would be a more practical design for this site;
3. Although stacking was permitted in the previous review, spaces 13 and 14 appear to be in
conflict with the access to the other parking spaces.
Recommended Conditions
1. The applicant shall resubmit a drawing depicting the new property lines with planned site
improvements and a revised parking configuration.
5
{1
710 E. Durant Ave.
Aspen, Colorado
81611
Telephone
303 925-8354
racsimile
:J03920-1387
Denver
Phoenix
~
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Design Workshop, Inc.
Landscape Architecture
Land Planning
Urban Design
October 8,1992
Ms. Leslie Lamont
Aspen Pitkin
130 S. Galena
Aspen, CO 81611
Re: U.S. West Lot Line Adjustment
Dear Leslie:
Please accept the attached check and supporting information as our application
for a lot line adjustment with our neighbor, U.S. West. Enclosed please find the .
following:
1. Check for $912.00
2. Letter authorizing the lot line adjustment from U.S. West
3. Proof of ownership (Title Policy)
4. Legal survey of the parcel to be transferred
As you know this application is prompted by our need to address the current off-
street requirement of the City of Aspen. We intend to appear before the Planning
& Zoning Commission on October 20 to resolve a specific plan for our parking
area.
We propose to acquire a 90 foot by 28 foot parcel of land which, when combined
with our lot, will accommodate the vast majority of our parking requirement. We
believe that this transfer is in the best interests of the community in that our
purchase will result in a real parking solution which will minimize impact on the
surrounding businesses.
Upon completion of this transfer, U.S. West will retain 16,500 square feet of land;
far in excess of the 6,000 square feet. minimum lot size in the R-6 zone.
The U.S. West building is 6,960 square feet which, upon completion of our
transfer, will leave U.S. West with a conforming lot and F.A.R. relationship.
DESIGNWORKSHOP
.~,
.~
Design \l/orkshop, inc.
It is our understanding that this application will be administered as a one-step
process with review by the City Council. Please schedule this at the earliest
possible date and inform me of any additional information which you might need.
Sincerely,
Design Workshop Inc.
~~
By: Bill Kane r--w
Principal
BKIla
Enclosures
1a\bk\lotline
US WEST Business ReSOu~.
1005 Seventeenth Street, Room J
Denver, Colorado 80202
~,
lI~WEST
October 3, 1992
Leslie Lamont
Senior Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Ms. Lamont:
The purpose of this letter is to serve as notice to you that
U S WEST Communications, Inc., current record owner of Block 66,
lots C, D, and E, in the City of Aspen, consents to the submission
of a Lot Line Adjustment Application with respect to this property
which is being purchased from U S WEST by 120 East Main Partners.
The principal tenant associated with this property is Design
Workshop, Inc.. Mr. Bill Kane of Design Workshop and Joe Bozzuto
of U S WEST Business Resources, Inc. are authorized to and will be
communicating with you as required in order to facilitate the
application process.
If you have any questions or need additional information, please
feel free to contact Joe Bozzuto at U S WEST BRI, on 303 292-2035.
Thank you for your assistance through this process.
Sincerely,
U S WEST Communications, Inc.
a Colorado corporation
By: U S WEST Business Resources,Inc.
a Colorado corporation,
Authorized ent
By:
Title:
1. Effective Date: 10/01/92
at
08:30 A.M.
2. Policy or POlicies to be issued:
(a) ALTA Owner's POlicy-Form B-1970
. (RO\!. 10'17-70 & 100',7-SI. or 10-21'81)
Proposed Insured:
Case No. PCT-5948C2
Jo.mount$
PremiumS
(b) ALTA Loan POlicy,
(Rev. 10.2'.87>
?~o?a$'ed Insured:
Aroount$
PremiumS
'.tax certificate S10.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective ds,te hereof vest.ed
in:
TI!E MOUNTAIN STJo.TES TELEPHONE p.ND TELEGR.x..PH COMPJl.NY, A COLORADO
CORPOR:!'. TION
4. The land referred to in this Commitrnentis described as follows:
THE SOUTH 18 FEET OF LOTS C, D, AND E, BLOCK 66, CITY AND TOWNSITE OF
ASPEN, TOGETHER WITH ONE-HALF OF THE VACATED ALLEY. LYING ADJACENT TO
SAID LOTS Ci D, AND E, BLOCK 66, CITY AN'D TOWNSITE OF ASPEN AS VACATED
BY ORDI~_NCE NO.2 (SERIES OF 1961) AND RECORDED IN BOOK 194 AT PAGE 7.
COUNTY OF PITKIN, STATE OF COLOR:!'.DO.
Countersigned at:
PITKIN COUNTY TITLE,
60l E. HOPKINS
ASPEN, CO. 81611
303-925-.1766
Fax 303-925-5527
INC.
Schedule 1>.~PG. 1
This Co~~itment is invalid.
unless the Insuring
Provisions and Schedules
A and B are attached.
Authorized officer or agent
'..
OCT (16 '92 11:5(1 F'ITKIN,A\UNTY TITLE AAAAAAAAAAAA~.
fa Commonwea. l'll
~ . Land Title Insurance Company
SCHED~E B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to Or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (n) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
P.3/8
TH!S COMMITMENT IS FURNISHED FOR INFORV~\TIONAL PURpOSES ONLY, IT IS
NOT A CONT~\CT TO ISSUE TITLE INSUR}.NCE AND SF~.LL NOT BE CONSTRUED AS
SUCH. IN TEE EVENT A PROPOSED INSURED IS Np_V,ED THE COMPANY HEREBY
RESERVES TEE RIGHT TO V~~E ~~DIT!ONAL REQUIREMENTS AND/OR EXCEPTIONS
AS DEEMED NECESSp.RY. THE RECIPIENT OF THIS INFOY~.TIONAL REPORT HERE~,Y
AGREES TF_\T THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND
ALTHOUGH WE BELIEVE ALL INFORV~~TION CONTAINED HEREIN IS ACCURP.TE kNt.
CORRECT, THE COMPANY SP_~LL NOT BE C~\RGED WITH ANY FINANCIAL
LIABILITY SHOULD TF~.T PROVE TO 3E INCORRECT AND THE COMPANY IS NOT
OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
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OCT 06,'92 11:50 F'ITKII~JIHY TITLE;;AAAAAAAAAAA
rriilI Commonwea: :~
~ Land Title Insurance Company
SCHEDULE B SECTION 2
EXCEPTIONS
~
P.4/8
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the peblic records.
2. Easements, or claL~s of easements, not shown by the PUblic records.
3. Discrepancies, conflicts in bOUndary lines, shortage in area, enchroac~~nts,
any facts which a correct survey and inspection of the premises would disclose
and which are not sho.'n by "he public records.
4. ~~y lien, or riqht ~o a lien, ;or services, labc~, or material. he~etofore o~
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, aave:se Claims or other matters, if any,
created, first ap?earing in the public records or attaching subsequent to the
effective date hereof bet prier to the date the proposed insured acquires
0: ~e:ord.for value :he estate or interest or mortgage ~herecn covered by
tnis Co~~itment.
6. !axes dee and payable; and any tax, epecial assessment, charge or lien imposed
for water or sewer service or for any other special taxing aistrict.
7. Reservations and exceotions as set forth in the Deed i~om the Citv of
Aspen recorded in Book 59 at Page 14 and Page 550. providing as ~
follows: "That no title shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or
possession held under e):isting laws".
8. Terms, conditions, restrictions and reservations as set forth in
Ordinance No. 2 (Series of 1961) vacating the alley in Block 66,
recorded in Book 194 at Page 7.
9. All matters as shown on Survey by Scarrow & Walker Incorporated,
dated September 14, 1992 as Job No. 92242.
This co~~itment is invalid unless
the Insuring Provisions and Schedules
A and :0 are attached.
Schedule B~section 2
Commitment No. PCT-6948C2
Form 4 ~oc
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OCT 06 '92 11: 51 PITI<II!""\JIHY TITLE SS:'lHAAAARAAH
. ~ CommOnWeahllC!i
LS Land Title Insurance Company
SCHEDULE B-SECTION 1
CONTINiJED
,.-..
F'.5/8
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any shall contain the following
ite~ms in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights, claims
or title to water.
Pursuant to !nsuranceRegulation 89-2i
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended ~o the insured unier the terms of the pOlicy. A
satisfaetcry affidavit and agreement indemnifying the Company
~gainst unfiled.me~hanics: and/or Materialmen's_Lie~~ e~:~ute~
~y the ~~~eo~~ '~~'c--~~ 'n ~h~ ~-~~chedco~y o~ s-'o -~~'d-v'~
-' }::'........... ....... _.....L;._ c._...~. -.. ......._ _~__... J::" .1.. e._ C_.l.,..,l". c. .........
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
OWner's policy ~hen issued. Please contact the Company for
further informa~ion. No~withstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE:
Pursuant
(a)
(b)
(c)
If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
to Senate Bill 91-14 (CRS 10-11-122);
The Subject Real ?roperty may be located in a Special Taxing
District;
A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent; .
Information regarding Special Districts and the boundaries of
such districts rr,ay be obtained from the Board of County
Co~~issioners, the County Clerk and Recorder, or the County
1'.ssessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the comoany prior to the issuance of
the Title Policy anticipated by this Commitment.
This commitment is invalid unless
the Insuring ?rovisions and Schedules
A and B are attached.
Form 4100
Schedule B-Section 2
Commitment No. PCT-6948C:2
OCT D6 ":;;2 11: 51 PITKII, COU'.ITY TITLE HAAAHAAHAAAA
,-"
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P.E./8
Commitment For Title Insurance
Ccmmcnw~aIth Land Title rnsura:'\~r; Company, a Penn$'yl\'anla corpc)ration, hc:rein called the cornpan.~/, for a "::.1uable con-
siderationj .'2ereby commi:s to i::;sue its policy O! poUcies of tit]~ insur:mce, as idenrifie.d in Sch~d'Ule A, in favor of the proposed
Ins1.:.red nar.'.ed in Sche::dult! A, ~SOWJ'l~I Or mortg:1ge.c of the estate orint-erest covered htreby in the la.'ld describf:d. Or ref'~rred
to in S,'hedu!c A, l.pon, payment of the prc::m!ams and charges therefor; ,'Ill subJect to the provisions of Sch;du]c$ A ::md Band
to the:: Cor.ditions :lnd Stip;ibtions hereof.
This Commitment shall be e.ffective only when the ident:ty CJf tll. proposod Insured and the amount of the polio)' or pollcies
committed for have been L..'"l$ened in Schedule A hercofby the Company, either at the time ofth~ i~su8ncc ofth.is Commlt:nent
Qr by subsequent erioors:rnent.
This Commi::n:nt is prelL>:linuy to the i",u""ce of such policy Or pOlicies of title insurance a.~d allli.bility l!Dd obligatio,,,
hereuml:r shill ce..e and tenninate 110 day. after the e{fective date hereof or when the pollcy or policies committed for shall
bc issued, whichever first occurs, providea lh.t the failu,e to issue such policy or pOlicies is not the fault of the company.
I~ WITNESS WHEREOF, :he saia Company has c.usea Its Corporate Name 21ld Seal to be hereunto affixed; this mmurJent,
~~cluding Commitment, Conditions snd Stipulations anached, to become valid when C01lJ1tersigned by an Authorized Officer or
A~;nt orth. Company.
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COMMONWEALTH LAND TITLE INSURANCE COMPA!\'Y
Attest: J1~ of) tt1 . ~ r.
(/ ~l r Secrctuy
By
Cr ~ $....L
o -, - . President
Conditions and Stipulations
1. Tne ,erm Inorltage, when used herem, shill include deed of trust, trust deed, Or other security instrument.
2. If the proposed Insured has or acquires .ctual. knowledge of llJlY defect, lien, encumbrance, adverse claim Or other matter
affecting the cstote or interest or mortgage thereon covered by this Commitment other than those shown m Scbedule B
t,ereof, :md ,,"all feil to disclose suell kn(>wl~dge to the Company in writing, tbe Company shall be relieved from Iiebilir; for
any Joss 01 d.m.ge resulting from any .ct of reliance hereon to the extent the Company is prejudiced by fanure to so diselos.
"Jch knowkdgc. Ii the proposed Insured '!lwl disclo,.. sucb knowledge to the CampenI', Or if the Comp:my othe:wlse
acqulr~$ flctual knOWledge of .0.:'\)' ~uch de.feet) lien, ~ncl.lmbnmce. adverse claim Or other matter) the Compsnyat its option
may amend Schedule :a of this Commitment aCCordingly, but such amendment shall not relieve theComp..~y from Ii.billty
previo\lsly incurred pursuant to parosraph S of these Conditions and StipUlations.
3. Liabillty of the Company under :his Commitment ,hall be only to the named proposed InS\lrod and such portie.s incllIded
under the dermition oi Insured in the fonn of policy Or pOlicies committed fOf and only for actual loss incurred in reli:tnce
hl.!reon in undertaking in good faith (u) to comply With the rt::quirerncn:s hereof, or (b) to dirnin3.te e"ceptions ~own in
Schedclt' :e, or (c) to licquir=' or ere.ate !hl:!' eSt:;.!.; 01 intl'r~st or rnon2ige Th::r:::on CO\'Bred by this Commitment. In no event
sh;tll SL:ch !:tbi.l:.ty e>::;~,ed thtt .am.)t1:'lt ~~~!ed 2!J S(.'!;e'!l:!~ A rOT the p(,"ilic}' c.: policies commined for and such liability is
,:.:bjcCI to Ihe ':l1$.uring provisions, the Condilion~ and Stipulations, ::md the Exclusions from Cov.;rage of the form of poHcy
or policieS comrn:Ur;d for lnf::.....ol (jfthr; proposed Insl.ln:d which IlIC ht\reby lnco!porated by rt'f(,~re.nce and are made a part
ot~h.i$ CQ:nmitm<,'nt ~xce?t as't:xpn:::ss.!y modifie.d herein.
4. Any ~CtrOtl or ::tctions or righrs of 3ctiO:l th&t the propost:d Insured m~yh::l\'e or m::.y bring ':Ig~tinsT tht Company arising out
of the :m:tU5 of tr.e, tit]~to the estate Or b1t~rest or the Sh.tus of tIle mortgage thereon cOVt\r~d by this Conlmitment muse
b.:: basE'd on ~nd He subject to the;; pro\'isicns of this Commitment,
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'.!:. .~.;;:~,:.t.~~::~,,~,;;..~l'.:,~l..::.i~~~ lio. lUm., r.W':; Coble, "<oo:oe:..
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An02DlRANC:t...VAci.riNG. 'm 'J.Un.' l.N Bl.OCl.': .66 0' 'IHlt OlUGlNAL 'l'O't.'1lSIT&
AN!) CI;n Ol:A~ri.:i(Ai.i:niEsaa~ J.-N l:i.~"T FOR P\1lll.IC UTILITIES.
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BE IT O~J,I.Ntl)IlY ~E 0117 .o:xn;CIL 01 '!"c:EC;;TY Of. ASPf;l,:
. . '., ;,. .....:.:/':.:~);':.,~.:.:-.:~~:f.f:'. :'::"~' ,::.:,:.:::-.:..,,,~.: 04... '. , '.
SECTiON oRt::':.:n,'at.all' .::.I\4i:t ~r. of ::he dle)' in Block 56
of tOI'. o.iginll~n;~'1:l;l'i:e .of :',e Cit)' of J..spoen f~cm its intersection
with the easterl)' line of No~tb Oeneer Street thence eaaterly co
its intersection with..the.We&terly ll.ne of Noreh Aspen Street,
shall be, and..the slime hereby tJI, va~ted U a j)l:blS.c alley.
j
,
. S::CnONT':O: The: there ~s el:pre6s1y :;ese::ved :ro:n the
4bove vQca~icn of said alley en ea8~n~ for ~7e uee. o?e~,:iont
construction and ~intenence of public utilities to be placed
underg::ound. and overhead, 1ncl\,lding. bu: not ex.clueively, power
"nd :(,lephone linea, water linea, gas ""Iins, sewer ::.sins and ot::er
util~ty.ea8e~nt8 of a like nature, but excludins. roads end surface
eae.ex:.ents. . .
4h~PUctD, ~~ J,~~ ORDERED published this 6th dsy of
l'ebru/uj, 1961."
'.
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Arn:ST:,
sl ~:. J. CHrc,i,
Ma)'or
.5/ Dorothy Hbffman'!l
'. .. Clerk
;.." D;
. ."..FINALLY adopted end
1161. .
'.
approved :;i:;!.s 6th day of March,
AT.!:Sl':
sl Dorothy llr..fim<lnn
';;l~"'k
S/ r:. J. (i.~~~.ri'~h
Mayor
1, DOROTIlY HO~, City Clerk of the Cit)' of kpen,
Colorado, do heteby ce.tify that the foregoing Ordinance was intro.
duced and read at.a. regular .....eting of the City Council of aaid Cit)'
held ou the .6th day of February, 1961, and by.order of said City
" CpUneil wsa published all a proposed orditlance as the law directs and.
.for more 'thsn.ten daya prior to it5pa534ge i1.'l the Aspen !ime., legal
. new8p&poerr stld thilt. on. the 6th day of !-larch, 1961, the sdd proposed
Ordinance was read and passed by the City Council aforesaid, tho said
. , , .'
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CC1JNTY OF i'I'tKIN )
I, .DORO~nY HO,~.~~. City C1e.k of the City of Asp$n,
Colo-ca4o" Qohe::oeby -certiiy :;hw t the forogoing i's .;] tl""';S ano
co~.~ct copy of Ordinance ~o. ~ (Series of 1961) finally 'p.
l"rovi:c.1 aria. c::ido?tcd t:he 6th d;JY of Harch, 1961, ~nd chat said
vl:'u.Lu<lnc:e h~s' b~en duly ond finally !,ubli'~bed. es ri:c;.uir~cl by
la\< and h3S been duly :recorded ill a book kept for that ?\l::'l'O$C
in my 0 iJ.t:;l~~ t .
!N t.lITNESS '~"H':;?Eo:\ I h.eve be're1Jnto set my" 'bar'ld and
t'ha: of.Eici~l StH'il 'of 'se:Ld C:Lty this ,/ eJ.tlY' of ;l; <"7-.-....:..
A. D. 1961. . .
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PUBLIC NOTICE
RE: DESIGN WORKSHOP, INC. AND U.S. WEST MAP AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, January 11, 1993 at a meeting to begin at 5:00 pm before
the Aspen City Council, City Council Chambers, 130 S. Galena,
Aspen, CO to consider an application submitted by Design Workshop,
Inc, 120 E. Main st., and U.S. West, 117 N. Aspen st., Aspen, CO
requesting a map. amendment approval. The applicants propose to
adjust the property boundaries through subdivision, and to rezone
a portion of U.S. West property that is conveyed to Design
Workshop, Inc., from Medium Density Residential (R-6) to Office
(0) . For further information, contact Leslie Lamont at the
Aspen/Pitkin Planning Office, 130 S. Galena, Aspen, CO 920-5090
stJohn Bennett. Mavor
Aspen City Council
CITY OF ASPEN
130 SO. GALENA .ST.
ASPEN
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PUBLIC NOTICE
RE: DESIGN WORKSHOP, INC. AND U.S. WEST SUBDIVISION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, November 17, 1992 at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by Design Workshop, Inc, 120 E. Main st., and u.s. West,
117 N. Aspen St., Aspen, CO requesting subdivision approval. The
applicants propose to adjust the property boundaries and to convey
a portion of U. S. West property to Design Workshop, Inc. For
further information, contact Leslie Lamont at the Aspen/Pitkin
Planning Office, 130 s. Galena, Aspen, CO 920-5090
s/Jasmine Tvare. Chairman
Planning and Zoning Commission
Published in the Aspen Times on October 30, 1992
=================================================================
City of Aspen Account
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CJ.ty COaDCIll lI!....tht~~
Approved , l' _
By Ordinance
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Subdivision us West and. OWl have entered into a 2 parcel
subdivision in order to adjust their property boundaries and convey
2,520 square feet of land to OWl.
1. Pursuant to Section 7-1004 C.1., the General Requirements for
subdivision are as follows:
(a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The intent of the subdivision proposal is to enable
Design Workshop Inc. to provide more on-site parking. The Aspen
Area Comprehensive Plan does not specifically address this property
or the recent zone changes to the Design Workshop property.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: Existing land uses in the area include office and lOdge
along Main Street and residential on Bleeker Street. The focus of
months of work with Design Workshop has been parking mitigation.
The provision of more on-site parking to accommodate office use in
the Old Library building dissuades occupants of the building from
parking in adjacent neighborhoods. This subdivision helps to
maintain the existing character of the neighborhood.
In addition, many uses along Main Street provide customer/employee
parking at the rear of their buildings.
The existing character of the US West parcel or surrounding
properties will not change. Because the small piece that is being
conveyed to OWl is at the rear of the property, the appearance from
the street of the US West lot from the street should not change
significantly.
(c) The proposed sUbdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: Other than redevelopment of the US West property, the
only parcel left with substantial development potential on this
block are Lots A & B totaling 6,000 square feet. Currently there
is a nonconforming fourplex on the property. Future development
of this property is not affected by this subdivision.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: The sUbdivision is intended for on-site parking only.
If Design Workshop proposed to expand the building, the acquired
parcel would be considered. additional lot area for floor area
purposes if rezoned to Office. However, any additional development
would require a growth management review process including
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mitigation for open space, parking and employee housing.
The US West parcel is zoned R-6 and the required minimum lot area
in the R-6 zone district is 6,000 square feet. After the
subdivision, us West will retain 16,500 square feet of land which
complies with underlying zoning. This is enough lot area in the
R-6 zone district to allow future development of either a single
family or duplex residence.
The switching station is a nonconforming use in the R-6 zone
district and cannot expand. If the property were redeveloped a
single family or duplex residence is the only permitted use in this
zone district.
If US West seeks to develop their property for more than two
dwelling units, all applicable chapters of the Municipal Code,
including subdivision, rezoning and GMP would apply.
2. Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
(a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rock
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: There are no natural hazards that exist on the site that
would endanger the welfare of future residents. However, Design
Workshop shall work with the Engineering Department to ensure that
historic drainage patterns are retained in the new parking lot.
(b) Spatial Pattern ~ The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
RESPONSE: There are no unnecessary public costs associated with
this proposal.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - The
electric transformer shall remain in the current location but
two out of the three telephone pedestals will be relocated.
(b) DRAINAGE - A drainage plan, complete with calculations
must be provided by an engineer registered in the State of
Colorado and submitted to the Engineering Department to ensure
that historic drainage patterns are retained in the new
parking lot.
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(c) ROADS - Design Workshop shall adhere to the conditions of
approval for the amended parking plan that was presented to
the Planning and Zoning Commission for Special Review.
(d) FINAL PLAT - The Subdivision plat needs to include:
* A plat must be submitted which meets the requirements of
Section 24-7-1004.0 of the Municipal Code. The applicants are
required to submit two reproducible mylars for approval by the
engineering department and record one plat with the Pitkin
County Clerk and Recorder. It is recommended that a blueline
be submitted for review prior to the final submission.
* The vicinity map needs to be at a scale of 1"=400',
* A statement to the effect that all easements indicated in
title policy number ___, dated ____ are shown on this plat.
* A statement that the applicants agree to join any
improvement district formed for the purposes of constructing
improvements in the pUblic right-of-way.
* The surveyor's certificate needs to include language that
the survey was performed in accordance with Colorado Revised
Statutes 1973, Title 38, Article 51, as amended from time to
time. Also it must include that there is closure of 1:10,000.
* The plat is
improvements i.e. the
gutter, trash areas.
incomplete with respect to existing
rest of the building, sidewalk, curb and
* The plat needs to show the entire
and all improvements and the US
improvements.
Design Workshop parcel
West parcel and all
* The. final subdivision plat and agreement must be filed
within 180 days of final approval.
'OR .n,C'SL "oNk:! OF tii W 1/2 of LOT Rr,-I... I( / -.., "'j C k
City Council Bxhibit..b,[:. . / I I,
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Approved
By Ordinance
Exhibit D
.19
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Rezoning - Design Workshop Inc. proposes to rezone the newly
acquired parcel from R-6 to Office. Pursuant to Section 7-1102 the
standards of review for an amendment to the Official Zone District
Map are as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is consistent with the recent
rezoning of the Old Library from Public to Office, enabling DWI to
comply with the parking requirements of the Office zone district.
DWI could not use the R-6 zoned parcel for parking because the Land
Use Code does not allow off-street parking requirements for the
Office zone district to be met in adjacent residential zone
districts.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The Aspen Area Comprehensive Plan does not specifically
address this particular site.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: This project site is bordered by R-6 zoning on Bleeker
Street and Office zoning on Main Street. The Sardy House is also
zoned Office and the zone district boundary extends into the R-6
zoned district similar to the DWI proposed rezoning. Rezoning the
conveyed piece of land is consistent with the zoning. along Main
Street.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: It can be argued that rezoning the Old Library parcel
two years ago may have impacted traffic and parking problems
related to this parcel. However, rezoning the new parcel should
not exacerbate traffic and road safety issues. In fact, the
subdivision and rezoning enables occupants of the Design Workshop
building to park on-site rather than in adjacent neighborhoods
creating traffic and parking problems.
The parking plan incorporating the new parcel was approved by the
Planning and Zoning Commission at their October 20, 1992 meeting.
e. Whether and the extent to which the proposed amendment
would result in demands on pUblic facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
1"""'1
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parks, drainage, schools, and emergency medical facilities.
RESPONSE: This rezoning will have no affect on public 'facilities.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: It is necessary to relocate or replace a very large
spruce tree pursuant to a tree relocation permit.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The proposal to provide on-site parking combined with
payment-in-lieu helps keep employee parking out of adjacent
neighborhoods and helps fund the parking program.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: In 1961 the alley on this block was vacated. Nine
hundred square feet of the land being conveyed to Design Workshop
Inc. is the vacated alley. In 1990, the Design Workshop parcel was
rezoned from Public to Office. The Office zone district requires
more stringent parking requirements than Public. These two events
support the rezoning from R-6 to Office to facilitate Design
Workshop's parking plan.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The amendment is consistent with established public
policy to encourage alternatives to business oriented auto traffic
within the neighborhoods.
5
COPyright 1'84.8anlt.r. System.,lne. St. C~ud, UN 5~'
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CO-17-031192-2.34
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(Space above this line for recording purposes)
DEED OF TRUST
To Secure a Loan
From ALPINE BANK, ASP.EN
(S.cured by a Flr.t LI.n on A.al bat.)
, 1. DATE AND PARTIES. The date of this Deed olTrust (Deed 01 Trust) Is August 31,1992. and the parties and their mailing eddresses are the following:
GRANTOR:
120 E. M~IN PARTNERS, LTD., UABILITY CO., A COLORADO. UMITED UABIUTY COMPANY
120 E. Main Street
Aspen, Coloredo e1611
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TRUSTEE:
The PUBUC TRUSTEE lor
PITKIN COUNTY, COLORADO
BANK:
ALPINE BANK, ASPEN
e COLORADO banking corporation
600 E. Hopkins, Suite 001
Aspen, Colorado 61611
Tax 1.0. .64-1113670
Branch No.2
2. OBUGATIONS DEFINED. The term 'Obllgations'ls denned as and Includes the following:
A. A proml$SOry note, No. 856596-01, (Note) dated August 31, 1992, with a malUr1ty data 01 August 30, 2007, and executed by 120 E. MAIN
PARTNERS, LTD., UABIUTY CO., A COLORADO LIMITED UABIUTY COMPANY (Borrower) payable to the order of Bank, which
evidences a loan (Loan) to Borrower In the amount 01 $731,500.00, plus Intarest, and all extenslons, renewals, modl1\catloll8 or
substitutions thereof.
B. All lulUre advances by Bank to Borrower, to Grantor, to any ona of them or to any ona of them and others (and ell other obligations referred
to In the subparag'aph(s) below, whather or not this Deed of Trust Is specifically referred to In the evidence of Indebtedness with ragard to
such IulUre and additional Indebtedness).
C. All additional su"'" advanced, and expenses Incurred, by Bank for the purpose of Insuring, preselVlng or otherwlse protec1lng the Property
(as herein denned) end Its value, and any other """'" advanced, and expenses Incurred by Bank pursuant to this Deed of Trust, plus
Interest at the aorne rate provided lor In the Note computed on a simple Interest method.
D. All other obligations, now existing or hereafter arlslng. of Borrower to the extent the taking 01 the Property (as herein .deftned) as aecur1ty
therefor Is not prohibited by law, Includlng but not limited to liabilities lor overd,ahs, all advances made by Bank on Bo""wer'., and/or
Gtaf1tor'a, behalf as authorized by this Deed of Trust andllabllhles as guarantor. endorser or surety, of Borrower to Bank, due or to
become due, direct or Indirect, ebsolute or conting.n~ primary or secondary, liquidated or unliquidated, or joint, several, or joint and
several.
E. Borrower's performance 01 the tenns In the Note or Loan, Granto(. perlormance 01 any terms In this Deed of Trust, and Boml........ and
Gr/lnto(s perlormance of any terms In eny other deed of trust, any trust d4led, any trust IndenlUre, any mongage, any deed to secure debt,
any security agreement, any assignment, any construction loan. agreement, any loan agreemen~ any assignment of bene1\clallnterest, any
guaranty agreement 0' any other agreement which seeu,es, guaranties or otherwise relates to tho Note or Loan.
However, this Deed 01 Trust will not secure another debt
A. "Bank falls to make any disclosure of the existence of this Deed of Trust required by law lor .uch other debt
3. NOTE. 120 E. MAIN PARTNERS, LTD., UABIUTY CO., A COLORADO LIMITED UABIUTY COMPANY (Borrower) has executed a promissory note
dated August 31,1992, (Note) In the principal amount of $731,500.00 and payable to the o,der of Bank with Interest from August 31,1992, on the
unpaid princlpal balance at an annual ,ate equal to 1.75 percentage points ~bove CHASE MANHAlTAN BANK, N.A. '. Prime Rate until the Note
matures or the obligation ts accelerated.. The Prime Rat. Is quoted by CHASE MANHAlTAN BANK, N.A. 01 New York, New York, as adjusted and
announced from time to time, The Prime Rate, plus 1.75 percentage points, may also be referred to hereafter as the .Contract Rate'.
The e"actlve Contract Rale todey Is 7.75%, which Is the sum 01 CHASE MANHAlTAN BANK, N.A. 's Prime Rate (6%) plus 1.75 percentage points.
CHASE MANHAlTAN BANK, N.A. 's Prime Rate today Is not necessarlly the lowest rate at which CHASE MANHAlTAN BANK, N.A. lends Iunds to
Its customers or at which Bank lends Its funds. The Prime Rate Is only an Index rate from which Interest rates actually charged to customers may be
measu,ed. The use of the Prime Rate ts for convenience only and does not constitute a commitment by Bank to lend monay at a preferred rale of
Interest The Prime Rate Is a benchmark for prfclng cenaln types of loans. Dependlng on the circumstances, such as the amount and tann of the ,
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Deed oITrust
120 E. MAIN PARTNERS
08/31/92
U READ ANY PAGE WHICH FOLLOWR F0R ANY RFMAlN1Nn PRn"I~lnN~ ..
Innlals
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COP~"ht 1814, Suhr. Sy.t.m., lne. SL Cloud, MN ~
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CO-17-o31192-2.34
loan, lhe credltworthlness of \he borrower or any guaranlor, lhe p,esence and nalUr. 01 conaleral and other relallonshlp. between a borrower and
Bank, loans may be priced a~ above or below the Prime Rat..
The first .djustment 10 lhe Contrect Rat. wln be mad. on Augu.t 31. 1993. and all .ubsequ.nl adjustments wlll be made once fN9lY year
lher..n.r. a..urrlng Ihatlhe Prime Rat. chang.s between Ih.lasl preceding adjustment dal. and Ih. schedulod adjuatmenl dale. The meldrrom
Contract Rate Incr.... or deer.... at any one Ume wlll be 2 p.rcentag. points. Any chang. In the Contrect Ral. wlll lake the lonn 01 dlnerent
payment amounts. The m8Xlrrom Contract Ral. lor the Lo.n .nd the Not. .hall be 13.75% por annum and the rrlnlmum Contrect Rat. shall be
7.75% per annum. An.r malUrlty or accel.rallon. th. unpaid balance .hall bear Int.rest at lhe rate speclfi.d In the Not. unUI paid. The Loan and \he
Not. are IIm1t.d 10 the maxlrrom lawful amounl of Inl.r..1 (MllXlmum Lawlullnl.r..l) ponnln.d under lederal and etal. laws. II \he Inlerest accrued
and collect.d exceeds Ih. Maximum Lawlul Int.r..t .. at Ih. time of collecllon. such .xcess .hall be appll.d 10 r.duce lhe principal amount
outslandlng. unless olherwlse r.qulr.d by law. II or when no principal amounlls outst.ndlng. any ..cess Inl.rest .hall be ,elunded 10 Borrower
according \0 \he actuarial method. Inler..t.hall be comput.d on Ih. b..l. 01 a 360-day y.ar and Ih. aclUaI number of days elapsed.
Monthly paym.nts for the flrel year will ba In th. amounl of $6930.81 dua on tha 30th day 01 each month commanclng on Saplarnbar 30,
1992. Thereafter, the Interest rate and payment amount will be adjusted annually on the anniversary date of the loan. There will be . 2%
annual cap.
4. CONVEYANCE. To secur. the Obllgallons according to their speclnc lerms and tha obligations In Ihl. Deed of Tru.l. Grantor grants. bargains. sells
and conveys 10 Tru.teeln truet with power of sal. the lollowlng d..crlbed prop.rty (Property). sllUaled In PITKIN County. COLORADO. la-wit
THE EASTERLY 20 FEET OF LOT M, All OF LOTS NAND 0, BLOCK 66, AND THE SOUTHERLY 10 FEET OF THE
VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND 0, AND THE EASTERLY
20 FEET OF LOT M, BLOCK 66, CITY AND TOWNSITE OF ASPEN.
.uch p,operty not constilUting the homesl.ad of Borrow.r. tog.th.r with all building.. Improv.ment.. all ....ment.. rights. appurt.nances. rents.
royatties, 011 and gas rights, privileges, profits, other minerals, water, watenights, and water stock, crops, grass and Umber at any time growing upon
.ald land. Including r.placements and addlllons ther.to. all of which shall be deemed 10 be and r.maln a part of \he Prop.rty. The I.rm 'Property"
further Includes. but Is not limited \0. any and all wells. wal.r. wal.r rights. dllches. laterals. reservoirs. r.servolr sll.. and dams. used. appurt.nant,
connect.d wnh. or anached \0 the Property. wh.ther or nol.vld.nced by etock or .har.. In an association or corpo,allon howsoever evidenced. To
lurth.r secure the Obligations and In consld.ratlon of the Loan. Granlor her.by grants. conv.ys and transfer. to Bank a continuing securlty Interest
to secure the Obligations fn the nxtu,.. and .qulpment now or he'.an.r .ltach.d to lhe Prop.rty. Including. but nol Um/t.d 10, all heating, air
conditioning. v.ntilaUon, plumbing, cooling. .lectrIcaI and lighting nxtur.. and equIpment; all landscaping; alf .xt.rIor and Inlerlor Improvements; all
crops. growing or to be grown on the Property; and tog.lh.r wllh .ny prop.rty of a IIk.1yp. or nalUre. all wh.ther now owned or hereaner acquired.
5. UENS AND ENCUMBRANCES. Granlor warrants Ih. title to the Property and warrants that the Prop.rty Is free and cI.ar 01 all lI.ns .nd
encumbrances Whatsoever.
6. WARRANTY OF TITLE. Granlor agrees 10 for.v.r warrant and d.f.nd the titi. to the Property and r.pr...nts and warrants that Grantor.
A. owns the Prop.rty In tee slmpl.,
B. Is aUlhorlz.d 10 conv.y the Prop.rty. and
C. wlll d.f.nd Granto(s title agalnsl all claims.
7. ASSIGNMENT OF LEASES AND RENTS. Granlor h.r.by assigns all p,.s.nl and fulur. I.as.s and '.nls .ffecllv. Irrvnedlat.ly upon lhe .xecullon 01
this Deed of Trust. Grantor also covenants and agrees to keep, observe and perfonn, and 10 require that the tenants keep, observe and per1onn.af1
of.the covenants. agreements and provisions of any present or.future leases of the.Property.. In case Grantor shafl neglect or refuse 10 do 80, then
Bank may, at Bank's option, perform andcompty with, or require performance and 'compUance by the tenants, with any such lease covenants.
agreements and provisions. Any .ums exp.nd.d by Bank In p.rfonnance or compliance lh.r.wlth or In .nforclng .uch porfonnance or COmpliance
by lhe t.nant. Qncludlng costs, ..p.nses, anornays' lees and paralagal fees) shall accru. Inl.r.st from lhe date 01 such exp.ndltur.. at Ih. same
rata.. the ObllgaUons and .hall be paid by Grantor to Bank upon d.mand and shall be daemed a part of the d.bt and Obllgallons and ,ecoverabl.
as .uch In all ,..pects.
In addlUon to the covenants and terms herein contained and not In limitation thereof, Grantor covenants that Grantor will not In any case canoet,
abridge or oth.rwts. modlty t.nancles. .ubt.nancl... Ioas.. or .ubl.as.s 01 the Prop.rty or acc.pt pr.payments of Installments of r.nllo become
due th.reund.r. Th. Obligations shall become due at the opllon of Bank n Granlor falls or r.lus.. 10 comply with Ih. provision. 01 this paragraph.
Each Ioase of the Proparty shall provld. thsl. In the .v.nl of .nforcemenl by Bank of the r.medles provided lor by law or by this Deed of Trust any
person succeeding to the Interest of Grantor as a result of such enforcement shall not be bound by any payment of rent or additfonal rent tor more
Ihan on. month In advance. Alii..... mad. with lenants of the Prop.rty shall p,ovld. thai th.lr Ioase securllies .hall be treat.d as trust lund. not \0
be cornnlnglod with any other Iunds of Granlo, and Granlor shall on d.mand furnish to Bank satisfactory .vld.nce ot compliance with this provision
10g.lh.r wllh a vartfi.d stal.ment of alii.... securlti.s d.posll.d by lhe t.nants and copl.. of all 10.....
8. EVENTS OF DEFAULT. Grantor shall be In d.faun upon the occurr.nce 01 any of the following .v.nts. circumstances or condlllons (Ev.nts 01
D.faun):
A. Fallur. by any party obllgal.d on lhe Obllg.tions to make payment wh.n du.; or
8. A default or. breach by Borrower, Owner or any co-signer, endorser, surety, or guarantor under any of the terms of this Deed of Trust, the
Note, any construction loan agreement or other loan agreement, any security agreement, mortgage, deed to secure debt, deed of trust,
trust deed. or any other document or Instrument evidencing, guarantying, securing or otherwise relating to the Obligations; or
C. The making or furnishing of any verbal orwrltlen representation, sta1ement or warranty 10 Bank which Is or becomes false or IncolTect In
any. mater1ai respect by or on behalf of Grantor, Borrower, or anyea-stgner, endorser, surety or guarantor of the Obligations; or
D. Fallur. 10 oblaln or maintain the Insurance cov.r.g.s requlr.d by Bank. or Insurance as Is customary and prop.r lor lhe Property (as
her.ln d.nn.d); or
E. Th. dealh, dissolution or Insolv.ncy of. the appolnlment of . recelv.r by or on beh.ff of, the assignment for lhe benefit Of cr.dltors by or on
behalf of, the voluntary or Involuntary I.nnlnation of .xlsl.nc. by. or the commencemenl of .ny proceeding under any present or IulUr.
t.deral or etat. Insolv.ncy. bankruplcy. reorganization, composition or d.btor r.II.llaw by or against Grantor. Borrower, or any co-signer,
.ndomar, sur.ty or guarantor of lhe Obligations; or
F. A :.::~~ ~':~~ ~:' ~ ".'!.~t~1 S,q~ 1.ln.~"... ...lt~ r""P..1 to B.R'.....~ sr aAY eo .Isna" andol_., ......11... ~...ll~,h...lli.1
the prespaot af 8R)' paYFR9Rt 11l1~~lr.a~^r thAt tkA Pi""PAr1:y {Aq hArAln tiAfinAt1} klrnpAlr"ti. nr
G. Fatlur. 10 payor provide proof of payment 01 any tax. ......menf. r.nt. Insur.nce pr.mlum or .scrow. escrow dencl.ncy on or belor. Its
due date; or
Deed ofTruet
120 E. MAIN PARTNERS
08131192
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Ph
Initials !"IX-
~ME2
Copyright 1184, Banker. Svat.m',lnc. St. Ctoud, MN ~
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Co-17-031192-2.34
H. A material adverse chang. In Granlo.f. bu.ln.... Including ownership, manag.ment, and financlalcondl1ions. which In Bank'. opinion.
impairs the Property or repaymenl of the Obligation.; or
I. A tran.f... 01 a .ubstantial part of Grantof. money or property; or
J. If all or any part 01 the Prop.rty 0' any Inl.resl thereln Is sold, leased or trBnsfllfT.d by Granlor .xc.pt as pennitted In the peragreph below
.nUlled 'DUE ON SALE OR ENCUMBRANCE'.
9. REMEDIES ON DEFAULT. Al the opllon of Bank, all or any part of the principal and accrU.d Int.resl on the Obllgallon. shall become Irrmedlately
due and payable wlthoul nollce or demand upon the OCCUIT.nce of an Ev.nt of D.fau~ or af any time th....a~.r. In addition. upon the OCCUIT.nce 01
any Ev.nt 01 DElfau~, Bank and Truslee shall be .ndU.d to all of lhe rights and remedies p,ovlded by low. Ih. Not.. thls Deed of Trus\, and any
r.lat.d loan documents, Including wllhoulllm/tallon, the power to 8!>1I fhe Prop.rty. andlor the power to foreclo.. on the Property as a deed ollrust
Ihrough the public Iru.lee or through ths courts. If Bsnk .xerclses .uch option to accelerat., Bank shall mall Grantor. by certill.d mall or olherwlse.
notice 01 accel.r.llon to th. .ddr... 01 Gr.ntor shown on Bank'. record. as may be r.qulr.d by law. If Grantor falls to p.y all sums th.t er. due
.nd p.y.bl. within the lime period provld.d by I.w or as provld.d In the notice (II .ny), B.nk m.y. wlthoullunher noUce or demand on Gr.nlor.
Invok. any r.medles permlU.d on D.fau~. In add~lon. II there Is a D.f.u~ and Bank Illes with Tru.tee . notice of .lectIon and demand lor aaIe 01 the
Prop.rty. Tru.t.. shall sdvan18!> .nd s.lIthe Property (10 conv.y tItI. as . Whol. or In 8!>perat. percels as Bank may deem besl) free and cleer 01 all
right. titi. and Inl.rest 01 Gr.ntor at public auction of the Prop.rty or al such place as Tru.lee deslgnales In the noUce lor the best price the Property
will bring In cash. Tru.tee shall glv.. nodce of .sl. In .ccord.nc. with and as prescribed by eppllcsbl. COLORADO fsw. Public advertisement 01
such notice shall take the form of weekly publication In some newspaper of general circulation I" Trustee's county for at least four consecutfveweeks
poor to theeale, except where theappUcable statalaw requires or pormlts notice In anotherform(s) or In another manner. Upon sale of the Property
snd to th. .xt.nt not prohlbh.d by Isw. Trust.. .hall make .nd dellvsr to the purchaser or purchas.rs . deed or deeds to the P,operty sold to
convey Uti.. .nd a~.r IIrsl psylng snd r.lalnlng all tees, cherges and co.ts..hall pay to Bank all amounls advanced for r.palrs. t..es. Insu,.nce.
liens. ....ssments and prior .ncumbral1C8$ and Int.rest thereon, and the principal .nd Inl.rest on the NOI. paying the surplus, II .ny. to the p8nlOn
or person. legally .ntiti.d ther.lo. Th. hold.r 01 the Nol. m.y purcha.. the Prop.rty. Th. recital. In sny deed or deed. of conv.ysnce shall be
. taken as prima facie true. All remedies are distinct, cumulative and not 8xcluslve, and Bank and Trustee are entitled to all remedies provided at taw
or .qul1y. whether or not expr...1y 8!>t fonh.
10. DUE ON SALE OR ENCUMBRANCE. Bank may. al Bank'. opllon, deelers the .ndr. balsnc. w~h all .ccru.d Int.resl on the Obllg.llons to be
Invnedlately due and payable upon the contract for, or creation of,. any lien, encumbrance,transfer or sale of the Propertyj or any portion thereof, by
Grantor. Lapse of time or the acceptancaof payments by Bank aher such creation o.f any lien, encumbrance, transler, sale or contract for any of the
foregoing shall not be deemed a waiver or estoppel 01 Bank's right to accelerate the Note; II Grantor fsllsto pay 8uch sums prior to theexplraUOn of
such period, Bank.may. without further notJce or demand on Grantor,lnvoke any remedies permitted on Defaull This covenant.8hall run wtth the
Prop.rty .nd .hall ,ema!n In .ffect unlll the ObllgaUons and thl. Deed of Tru.1 ere fully paid.
In the preceding psragreph. the phr... "tr.n.f.r 0' s.I.' Includ.. the conv.yance of .ny righi, UU. or Int.rest In the Prop.rty. whether voluntaJy or
InvolllnllllY, by outright.aI., deed. Installment contr.ct aal., I.nd contr.ct. contr.cllor deed. I....hold Int.resl with. term gr.ater th.n three y.ars.
iea8!>-opdon contract or any oth.r melhod of conv.y.nce of Prop.rty Inl.rests; ths t.on 'nleresr Includes. wh.th.r legal or .qu~able. any rlgh\, 1I11e.
Inl.resl. lI.n, claim, encumbrance or propri.lary right. cho.t. or Inchoat..
11. POSSESSION ON DEFAULT. To the .xt.nt not prohlblt.d by I.w. If th.r. Is an Ev.nt of D.'au~, B.nk or the hold.r of the Not. (unl... . CerlIflc.te
of Purchase h.. been prop.riy I..u.d In which ca.. the hold.r of Ih. Cenlfical. of Purchsse) .h.1I at once become .nUU.d to the possession. use
.nd .njoymenl of Ih. Prop.rty .nd 10 the r.nts, I..ues .nd proftl.from Ih. Prop.rty. .nd .h.1I be .nUlled ther.lo a. . matter of right without ,egsrd
to th.. solv.ncy or Insolv.ncy of Granlor 0' the then own., of the Prop.rty .nd without regsrd to the valu. of the Prop.rtyor the ad.quacy 01 .ny
security for the Obllg.llons.
12. APPOINTMENT OF RECENER. To the .xt.nt not prohlblt.d by law. II th.r. I. s D.fau~, B.nk or th. holder of the Not. .hall at once become
.ntiU.d to appointment of . ,ee.lv.r for the Prop.rty and the rents, Issues and profits from the Prop.rty, and .h.1I be .ntltl.d thereto as a matter of
right without regerd to th. solv.ncy or Insolv.ncy of Grantor or the tn.n own.r of Ih. Prop.rty .nd wllhout regerd to the valu. of the Prop.rty or the
.d.qu.cy of .ny security for the Obllg.tion.. Such ,ee.'v.r m.y be appolnl.d by . coun of comp.l.nt Juri.dlction upon ex part. eppllc.llon. and
withoul notice (notice being .xpr.ssly walv.d) and .11 r.nts. Issues .nd prollts. Income and r.v.nu. from the Prop.rty shall be epplled by the
recelver. subject to the coun'. ord.r, to the p.ymenl of the Obligations und.r thl. Deed of Tru.1 and the Not..
13. PROPERTY OBLIGATIONS. Granlor .h.1I promplly psy .111..... ......ments. I.vl... w.t.r r.nts, olh.r rents. In.urance pr.mlums. and all amounts
due on any encumbrances, If any, as they become due. Grantor shall provide wrinen proof to Bank of such payment(s).
14. INSURANCE. Grantor .halllnsur. and keep Insur.d the Property agaln.lloss by fir., and Olh.r haz.rd. casually .nd loss. with .xt.nded coverage
Including bUI nolllmlt.d to the r.placemenl valu. of .lIlmprov.menl., with .n Insur.nce company ecceptabl. to B.nk and In .n amount acceptable
to B.nk. Such In.urance .hall conlaln the standsrd "Mongagee Clause' and wh.r. appllcabl.. "Lo.. P.yee CI.use". which shall name and .ndorse
B.nk .. mong.gee .nd loss payee. Such In.urance .hall also conlaln . provision und.r which the Insur.r .hall glv. Bank alleast 30 d.ys notice
before the cancellation, termination or material change .10 coverage.
If an Insur.r .'eets .to p.y a flr. or oth.r hazsrd loss or damage claim r.lh.r th.n to r.p.lr. r.bulld or ,.place Ih. Prop.rty lost or damag.d. B.nk
.hall h.v. the opllon to epply such Insur.nc. proceed. upon the Obligations secur.d by thl. Deed of Tru.1 whelher or not th.n due or to have said
Prop.rty repalr.d or r.bulll. Gr.nlor h.r.by eppolnts Bank a. Gr.nlor'. .ttorney-In-I.ct. coupl.d wllh an Inl.rest to collect. selll.. .nd col11>ronise
any maners with Insurer. Grantor shall deliver, or causa to be delivered. evidence of such coverage and copies of all notices and renewals retating
thereto. Bank shaJl be entltledto pursue any clalmunder the Insurance ffGrantor.falls.to promptly do so. The Bank shaU.be entJtJed to endorse the
Grantor's name on any Insurance check or drah. . Grantor shall pay the premiums required to maintain. such Insurance In effect untJl such time as the
requirement for such .Insurancetennlnates. Notwithstanding anything to the contrary,.lf the Property Is acquired by Bank under the terms of this
Deed of Trust, all right. tille and Interest 01 Grantor In. and 10 any Insurance policies (including proceeds thereof resulting from damage to the Property
prior to the .aI. or .cqul.ltlon) sh.11 pa.. to B.nk to the .xt.nl.of the .ums secur.d by thl. Deed of Trusl Irrmedl.t.ly prior to such sale or
acqulsl1ion. .
15. WASTE. Grantor shall not all.nst. or .ncumber the Prop.rty to the pr.Judlce 01 B.nk, or commll. p.rmIt or .uffer any wast.. Il11>alrment or
d.t.rior.tion 01 the Prop.rty. and regardless of n.tural d.preelatlon. sh.n keep the Prop.rty .nd all ~s Improv.ment. at all Umes In good condition
.nd r.palr. Th. t.on "wast.' Is u..d her.ln In Its tr.dlllonal ..ns. .nd funh.r. .peciftcally Includes, bUll. not 1Im1I.d to. hazsrdou. wast.. The toon
"hazardous wast.' as used her.ln. Includes. bul I. not Ilmll.d 10. hazsrdou. .nd/or toxic wast., sUbsl.nces. pollulsnts end/or contaminants.
Gr.ntor shall col11>ly with and nol vlol.t. any and all laws and regulsUon. regerdlng the use. ownership and occup.ncy ollhe Property. Gramor
shall p.rfoon .nd abld. by all obllg.don. .nd rastriction. und.r .ny decl.r.tion., cov.nants .nd other documents gov.rnlng the use. ownership
snd occup.ncy of the Property.
D..d 01 Trust
120 E. MAIN PARTNERS
08/31/92
.. READ ANY PAGE WHICH FOLLOWS FOR ANY REMAINING PROVISIONS."
Initial. . . i"lX-
,.....P ..I=::t
1""'\
Copyright "104, Bank.r. SystUIS,lnC. St. Ctoud, MN $t
,.-."
Co-17-o31192-2.34
16. CONDmON OF PROPERTY. h to the Property, Granto, shall:
A. keep all buDdlngs occupied and keep all buDdlngs. structures and Irw,ovemenls In good ,epalr.
B. refrain from the commission or allowance 01 any acls of waste or Irwalrment 0' the value 0' the Properly or Improvemenls thernon.
C. not cut or remove. or permit to be cut or removed, any wood 0' Umber from the Properly. which culllng or removal would adversely affect
the value 0' the ProPerly.
D. not permit the Properly to become subject to or contaminated by or whh waste.
E. prevent the spread 0' noxious 0' damaging weeds. p,esSlVe and prevent the erosion 01 the soli and continuously practice approved
melhods of fanning on the Properly II u..d lor agricultural purpo..s.
To the best 01 Gr.nto(s knowledge. the Properly does not contain hazardous .nd/or toxic w.ste. subst.nces. pollut.nls .nd/or contaminants.
Grantor makes this .fflrmatlve wBIT.nty fully Intending B.nk to rely upon II In e><tendlng the Lo.n to Borrower;
17. SPECIAL INDEMNIFICATION. Gr.ntor agr... to protect. Indemnity. defend .nd hold B.nk harmless to tho fullest e><tent permitted by I.w from .nd
.galnsl all claims. dem.nds. causes of action, suits, losses. damages (Including, wlthout IIm1t.tIon, punitive dam.ges), violations, environmental
response and/or clean-up costs, fines, penalties and expenses. (including, without limitation, ressonable attorneys' fees, costs and expenses Incurred
In Investigating .nd defending .galnst the assertion 01 such lI.blllties, .s such I.... costs .nd s><penses are Incurred), 01 any n.ture wh._.
which may be sustained. suffSl'ed 0' Incurred by B.nk b.sed upon. wllhout lIm1t.tIon: the ownership .nd/or oper.tIon of the Properly .nd all
activities relating. thereto; any knowing or material m1srepresentallonor materfal. breach of warranty by Grantor; . any violations. of the Comprehensive
Envlronment.1 Respon... Compens.tlon .nd U.blllty Act of 1geo .nd .ny other appllc.ble lederal. st.te 0' local rule. ordinance or st.tute; the
clean-up or removal of hazardous waste or evaluation .nd Invesllg.tlon of the rele... or thre.t of ,elease of hazardous waste; any loss 01 natural
resources Including damages to air. surface or ground w.ter, soil and blot.; and .ny prtvate suits or COUrf InJunctions.
18. INSPECTION BY BANK. Bank or Its agents m.y moke or cau.. to be m.de reason.ble entrfes upon the Properly and Inspect the Property provided
th.t B.nk shall make reasonable efforts to give Gr.ntor prior notice 01 .ny such InSpeCtion.
19. PROTECTION OF BANK'S SECURITY. If Gr.ntor falls to p.rfonn .ny cov.n.nt, obllg.tion 0' .greement contaln.d In the Not.. this Deed 01 Trust or
.ny Io.n documents or II .ny .ction or p,oceedlng Is commenc.d which m.ter1a1ly .ffects B.nk's Int.restln tho Properly, Including, but not limited to,
foreclosure, eminent domain, Insolvency, housing or environmental code orfaw enforcement,or arrangements or proceedings InvoMng a bankrupt
or decedent" then Bank, at BanJ(s soJeoption, may make such appear:ances, disburse such sums, and take such action as Is necessary, to protect
Bank's Interest. Grantor hereby assigns to Bank anydght Grantor may have by reason of any prior encumbrance on' the Property or by law or
otherwise to cure any defauh under said prior encumbrance. Grantor agrees to Indemnify and hold Bank harmfess for all liability, costs, expenses,
attorneys' fees and paralegal ,fees Incurred by' Bank ,In Its protection of the'Property or hallen. WIthout Bank's prior wrttten consent, Grantor win not
partlUon or subdivide the Properly.
20. EXPENSES OF BANK. II Grantor f.lls to:
A. procure the ,equlr.d Insu,.nce lor the Prop.rly.
B. keep tho Property In good repair or p,ev.nt wast. of th. Property.
C. promptly p.y all of the obllg.tions ,el.Ung to the Prop.rty,
D. perlonn .ny other obllg.tion of this Deed 01 Trust, the Not., or .ny oth.r Instrument secur1ng or '.I.Ung to th. Note. 0'
E. pr.vent the Prop.rly from becoming SUbJ8Ct to .ny oth.r lI.n or .ncumbr.nce.
Bank may pay or procure such things .t Gr.nto(s cost .nd B.nk m.y make .ny ,.ason.bl. .xp.ndltur. Incidental ther.to. B.nk shall h.v. the right
to file and defend suhs at the expense of Grantor ,and In Grantor's name for the recovery of damages or to Uphold the lten of thls'encumbrance and
p,eserv. the rights of Bank. All costs exp.nded by B.nk In .ccord.nce wllh this section, Including r..son.bI. .ttorneys' .nd paralegal fees. shall be
,epald by Gr.ntor upon dam.nd. .nd such sums, wlth Int.r.st thereon .t the r.tes provld.d In the Not. sh.1I be .dded to the Indebtedness secured
by this Deed of Trust. .nd shall become . part of the Obllg.tions as d.fined .bov., .nd shall be paid out 01 the proceeds of the sale of the Ploperty,
II not oth.rwI.. paid by G,antor.
21. COLLECTION EXPENSES. In the ev.nt of def.ull. Gr.ntor .gr... to p.y all costs of collection Incurr.d by B.nk. Such costs shalllnclucle, but are
not lIm1t.d to, filing f..., costs 01 publlc.tion, d.posltion fees, st.no~rapher I..., whness f... .nd .ny other court costs, plus costs of collecting,
.nlorclng. .nd protecting the Prop.rly .nd Obllg.tIons. Any such collection costs shall be .dd.d to the pr1nclpal amount 01 the ObDgatlons. shall
.ccru. IntSl'.st .t tho same r.t. .s the Obllg.tions .nd shall be secured by this Deed of Trust.
22. ATTORNEYS' FEES. In the event of d.feull. Gr.ntor agrees to p.y r..son.ble .ttorneys' I... Incurr.d by B.nk. Such r.ason.bIe .ttorneys' 'ees
shall Include, whhout limitation, par.legal I.... Any such r.ason.bl. .ttorneys' fees shall be .dded to the pr1nclpal amount of th. Obllg.tIons. shall
.ccrue Int.rest.t the same rat. as the Obllg.Uons .nd shall be secured by this Deed 01 Trust.
23. CONDEMNATION. In the ev.nt all or any part of the Prop.rty (Including but not Iimlt.d to .ny easement therein) Is sought to be token by pr1v.t.
toklng or by virtu. of tho I.w 01 .mln.nt domain, Gr.ntor will promplly glv. wrltt.n notice to B.nk 01 the InsUtution of such proceedings. Gr.ntor
lurther .gr... to notlly B.nk of any .ttempt to purch... or appropr1.t. the Properly or .ny ....ment therein, by .ny public aulhority or by any other
p.rson or corpor.tIon cl.lmlng or h.vlng the right of .mlnent domain or appropr1.tion. Gr.ntor further .gr... .nd dllects th.t all condemn.tIon
p,oceeds or purch... monay whleh m.y be .greed upon or which m.y be lound to be due shall be paid to Bank as . prepayment under the Note.
Grantor also agrees to notify Bank of any proceedings Instituted for the establishment 01 any sewer, water. oonservation, dttch, drainage, or other
district '.I.ttng to or binding upon the Prop.rly or .ny part th.reof. All .wards p.y.ble lor the toklng 0' title to, or possession 01. 0' damage to all or
.ny portion 01 the P,operly by reason of .ny pr1v.te taking, condamn.llon. emln.nt domain. ch.ng. of g'.de, 0' other proceeding shall. .t the option
of Bank. be paid to Bank. Such awards or compensation are hereby assigned to Bank, andJudgmenttherelor shall be entered In favor of Bank.
When paid, such. awards shall be. used, at Bank's option, toward the payment ol1he Obligations or payment of taxes, assessments, repairs or other
hems provided for In this Deed of Trust, whether dUB or not, all In such order and manner as Bank may determine. Any amount not so used shall be
applied to the Obllg.Uons. Such .ppllc.tion or 'el.... shall not cure or walv. .ny d.l.un. In the event B.nk deems II necessary to app.ar 0'
answer In any condemnation action". hearing or proceeding, Grantor shall hold. Bank harmless from. and pay afllegal expenses, Including but. not
fimited10 attorneys' fees,paralegallees, court costs and other expenses.
24. OTHER PROCEEDINGS. If .ny .ctlon or proceeding Is commenc.d to which Benk Is m.de or chooses to become . party by re.son or the
s><ecutlon of the Not.. this Deed of Trust. any Io.n documents, the .xlstence of.ny Obllg.tions, or In which Bank deems II necessary to appear or
.nsw.r In ord.r to protect ns Interests, Gr.ntor .gr... to p.y and to hold B.nk harmless lor all lI.blllti.s, costs .nd expenses paid or Incurred by
Bank In such action or proceedings. Including but notllmlt.d to .ttorneys' fees. paralegal fees, court coSts .nd all othSl' dameges .nd expenses.
25. WAIVER BY GRANTOR. To the ext.nt not specifically prohibited by I.w, Grantor her.by waives .nd r.leases any and all rights and remedies
Deed 01 Trust
120 E. MAIN PARTNERS
08/31/92
.ll: REAO ANY PAGE WHICH F()I.I ('lW~ F('lR ANY RJ:'MAI"'IN~ PRn\IIC:::lnM~ **
Initials
, ~"'c.-
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COPyright nee, Banhr. Sy.t.m..lnc. SL Cloud, MN!.: '
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CO-17-031192-2.34
Grantor may now have 0' acquire In the tutu'" relaUng to:
A. homestead;
B. exempUons as to the Property;
C. appralsemen~
D. mlllllhalllng of liens and assets: and
E. statutes olllmltaUons.
26. OTHER WAIVERS. No walv.... express or implied. of the perfonnance of any obllgaUon of thl. Deed 01 Trust. the Note or ObllgaUons. shall be
deemed to be a waiver of any other or succeeding obllgaUon. No payment or advancement by Bank on behall of Grantor shall be deemed a walv...
of the breach occurring, or otthe right to elect to foreclose thl. Deed of Trust; and. the Indulgence of Bank to Grantor In not exercising Its opUon to
declars the enUre Indebtedn... to be due and payable upon the happening of anyone 01 the events or condiUons herein described, shall no~ even
though such IndUlgence be ,epeal.d and ."'.nded. be constru.d a. a wa"l... 01 the right 01 Bank to .x.rclse such opUon at any Ume ther.an... for
any cause and whhout notice to Grantor.
27. PARTIAL RELEASE. Bank, at Bank's dlscreUon. may r.I.... any part of the Prop.rty from the lien of this Deed of Trust and such rei.... .hallln no
way affect the hen of this Dead or Trust on the remaining portion of the Property or any of ther1ghts or remed~ herein provided. Trustee shaU, only
uponproperwrftten author1zation of Bank..performaUacts necessary.to execute such release. It.ls agreed thai Grantor will pay the expenses of
obtaining and recording all releases,ttany, from this Deed of Trust.
28. GENERAL PROVISIONS.
A. TIME IS OF THE ESSENCE. Time Is 01 the .....nce In Granto~s p.rfonnance of all duUas and obllgaUons Imposed by this Deed of Trust
B. NO WAIVER BY BANK. Bank's cou"," 01 d.allng. or Bank'. forbearance from, or delay In. the exercise 01 any of Bank's rights. remedies.
privilege. or right to Inslsl upon Granto~. str1ct performance of any provisions contained In this Deed of Trust. or other loan documents.
shall not be construed as a walv... by Bank, unless any such walv.r Is In WriUngand Is signed by Bank.
C. AMENDMENT. The provisions contained In this Deed of Trust may not be amended, except through a WriUen amendment which Is signed
by Grantor and Bank.
D. FURTHER ASSURANCES. Grantor, upon request of Bank, agrees to execute, acknowledge. deliver and 'ecord or flle such turther
Instruments or documents as may be required by Bank to secure the Note or confirm any lI.n.
E. GOVERNING LAW. This Deed 01 Trust shall be governed by the laws of the State ot COLORADO. provided that such laws are not
otherwise preempted by federal laws and regulations.
F. FORUM AND VENUE.. In the event of IltigaUon pertaining to this Deed of Trust. the exclusive forum. venue and piece of jurlsdlcUon shall be
In the State of COLORADO, unless otherwise designated In wriUng by Bank or otherwise required by law.
G. SUCCESSORS. Thl. Deed 01 Trust shall Inu,. to th. benefit of and bind the hel,s. p.rsonal ,epresentaUves, successors and assign. of the
partlesj provided however, that Grantor may not asslgn,transfer or d~eg8le any of the r1ghts or obligaUons under this Deed of Trust
H. NUMBER AND GENDER. Whenever used. the singular shalllnelude the plural. the plu,aI the singular. .and the use of any gender shall be
applicable to all gend.rs.
I. DEFINITIONS. The terms us.d In this Deed of Trust. " not defined herein. shall have th.lr meanings as d.fined In the other documents
executed contemporaneously, or In conjunction, with this Deed of Trust.
J. PARAGRAPH HEADINGS. The h.adlngs at the beginning of any paragraph, or any SUb-paragraph. In this Deed 01 Trust are for
convenience only and shall not be dlsposlUve In InterpreUng or construing this Deed of Trust.
K. IF HELD UNENFORCEABLE. If any provision 01 this Deed of Trust shall be held unenforceable or void. fhen such provlskm shall be
severable from the remaining provisions and. shall' In no way affect the enforceability of the remaining provisions nor the validity of this
Deed of Trust.
L CHANGE IN APPLICATION. Grantor will noUfy Bank In wriUng prior to any change In Granto~s name. add,..., or other applJcaUon
InformaUon.
M. NOTICE. All noUces under this Deed of Trust must be In writing. Any noUee given by Bank to Grantor hereunder wlll be effecUve upon
pe,sonal delivery 0' 24 hours aner mailing by first class United States mall. postage prepaid, addr...ed to Grantor at the addr...lndlcated
below Granto~s name on page one of this Deed of Trusf. Any noUce given by Grantor to Bank hereunder wlll be effecUve upon receipt by
Bank at the addr... Indicaled below Bank's name on page on. of this Deed of Trust. SUch addresses may be changed by WriUen nob
to the oth... party.
N. GRANTOR DEFINED. The term "Grantor" Includes each and every parson signing this Deed of Trust.. a Grantor and any CO-Signers.
O. SEPARATE AND DISTINCT. Each privilege, option or remedy provided In this Deed 01 Trust Is dlsUnct from every other privilege. 9pUon or
remedy contained herein or afforded by law or eqUlfy, and may be ex...c1sed, to the axlent not prohibited by law. IndependenUy.
coneurrenUy. cumulaUvely, and successlvely by Bank or by any other own.r or holder of the ObligaUon.
P. FILING AS FINANCING STATEMENT. Grantor agrees and acknowledges that this Deed of Trust also suffices as a financlng statement and
as such. may be flied of reco,d as a financing statement for purposes of Article 9 of the COLORADO UnUorm Commercial Code. A
-carbon, photographic or other reproduction of this Deed of Trust Is sufficient as 8 financing statement.
29. ACKNOWLEDGMENT. By their signatures below. the und.rslgned acknowledge they have read and received a copy of this Deed of Tru81
GRANTOR:
120 Eo MAIN PARTNERS. LTD.. LIABILITY CO., A COLORADO LIMITED L1ABILtTY COMPANY .
By: (1. , ' /. 'lh!l--;,~ ~ ~ f.kJ
~"9'iIA'dI~ u 4.J .~ 0v 60-v!-
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WtWft'cfKANE, ME~ MAN GER '&
Deed of Trust
1?n J: Ml'dt.J OAQT).,U:Pc:!
It" 01:".' "'''IV O"~l:' IMLJI'-'l.l ~""'" ......\A.... r-......... AI'" ....... ....",...... ............. ,...................
08/31/92
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CODyrtght tIM.Bank.r. System.. ,"e. St. Cloud. MN I:~~
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RT ULBER N BUSI I:SS ER
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C0-17-031192-2.34
STATE OF COLORADO
as:
COUHlY OF PITKIN ~ t-I.L'" ~
The foregoing Instrument wa. acknowledged belo,. me on . U (", U. ~"T ~ , , 19 q ~ by JOE,..., PORTER, MEMBER &
MANAGER, RICHARD W SHAW, MEMBER & MANAGER, WILLIAM G KANE, MEMBER & MANAGER, KURT CULBERTSON BUSINESS MANAGER
and DONALD H ENSIGN MEMBER & MANAGER as paneral Dar1~u'l>Ucbehall 01 120 E. MAIN PARTNERS, LTD., L1ABILI1Y CO., A COLORADO.
LIMITED L1ABILllY COMPANY,' . . Joy S. Higens/No\ary 4122/94 U ~
My commission ",p~..: My commission .'p'lk~s .
601 EastHop Ins ~ . .
Aspen, Colorado 81611 NOTARY P BLl7'
Please return thIs documentaller recordlng 10 ALPINE BANK, ASPEN, 600 E. Hopkfns, Sulle 1, Aspen, Colorado 1611.
THIS IS THE LAST PAGE OF A 8 PAGE DOCUMENT. EXHIBITS AND/OR ADDENDA MAY FOLLOW.
',.
~ fy, YY1A/2.G.Ae.t,.- Af010 fbeTt12.. I-k~ An.... /10 -FAC,
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Deed 01 Trust
120 E. MAIN PARTNERS
09/31/92
.. READ ANY PAGE WHICH FOLLOWS FOR ANY REMAINING PROVISIONS."
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
. PROJECT: ~ V0(S'('1I.~Lf/ Us W-cF;/-
APPL1CANT' s REPRE....ATlVE~'~" ~ 6~~
REPRESENTATIVE I S PHONE: ~~-'-
OWNER'S NAME:~'f (OS w~
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1.
SUMMARY
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Type of APplication~. ~
!)'Y\ y ~~~
2. Describe action/type of development being requested:
SU~nL'l~" ~/\0. .tDl>-5.l P()~11 {l jS
\Nd -1-"<5 CJ.~J: 1fLr":tU\Y) cfJl ,( ),<\ (^ I V.J, ff(j"ctf ~
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3. Areas is which A licant has been requested to respond,
of reports requested:
Policy Area/
Referral Aqent
~~Q :vL
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Comments
Review is: (P&Z Only) (CC Only) ~ then to~
Public Hearing: ~ (NO)
Number of copies of the application to be submitted: .~~ "
\jha"t fee was apPljl2ant~q:uested to submit: I () (0 L-(.J.. 0jf'\ -J) '5~
\.~Q,." f~ lf~/d, ''€/I
8. Anticipate'd date of sub ~ssion: Q <'(1Jf> 13"
9., i C9I'lM,}!,TS/VNJ/QUE qoNCERNS: ~':5~ loo'-(J/( f~/~
b b A~ 11 II "i ~ ,'S,)!oc_' _ ;-'-- _
frm.pre_app
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5.
6.
7.
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ATrAaIMENr 1
lAND lEE APPLICATICN RHI
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1)
Project Name
U.S. West Subdivision
2) Project UJcatial
120 East Main Street
Aspen, Colorado 81611
(irdi.cate ..ked.. a.lh. , lot & b10dc ,..........., lega1 descript:icn lIiIeI:e
____.late)
3) PrES" IL Zcni:ng
5) 1IA?Jicant's Name, A1h.
R-6
4) lDt: Size 2,520
& lb:XJe # Design Workshop, Inc.
120 East Main Street, Aspen, CO 81611, 303/925-8354
6) ~
Ilative'S Name, Mk
& lb:XJe # Bill Kane
120 East Main Street, Aspen, CO 81611, 303/925-8354
7) Type of 1IA?Jicaticn (pleaSe d1edc all that awlY) :
0:n'Ii.t:.ia1a1 ll>e
_ 0:n:lepbla1 SPA
_ ~i"'l Ileview
Fina1 SPA
_ 0:n:lepbla1 Hist:aric Dev.
Fina1 H:istar:ic Dev.
_ 8040 Gr:eenline
_ 0:n:lepbla1 Pm
Fina1 Pm
Minar Hist:aric Dev.
H:istar:ic Deuolitiat
_ stream Mim]in
H:lmItain vi.eil Plane ~ &lbti.visicn
_ H:istar:ic Des:igna:t.icn
_ QQ; Al.lot:ment:
_ Vested Rights
_ CaD::.mini.umiz ~ TextfM3p Ame1~,L
_ lDt: SplitJIDt: Line _ QQ; Exenpticn
1ldjust:ment
8) Descr::ipt.icn of Eldst.inJ tEes (ro1lllh>>:" and type of existin.J strocb.n:es; _.....Jmate
sq. ft.; ro~ of Le.h.UUlC>; any previ.cus cq:proyals granted to the ~"l""LLy).
Land is an undeveloped portion of lots C, D, E, of Block 66,
City of Aspen. Parcel is 90'x28' and 2,520 sq. ft. total.
9) Descript:icn of De\lPl.!.".-(L Awlicatiat
Acquisition of this land parcel to meet off-street parkinq
required bv chanqe of land use for the Pitkin County Librarv.
10) . Have yaI att.adled the fOl1.owin.J?
~ ~ '[QI!.<: to AttadJment 2, Min:iJJum Hnhni=ia1 axrt:ent:s
~ ~ ~--nse to AttadJment 3, ~ific !';nhni=ia1 arrt:ents ..
~ - ...nse to AttadJment 4, Revi.Eir.r.stJatDardS far Yoili:: 1\{plicatiat
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