HomeMy WebLinkAboutLand Use Case.506 Walnut St.A27-96
CA~OAD SUMMARY SHEET - CITYf"":ASPEN
DATERECENED: 4/4/96
DATE COMPLETE:
PARCEL ID # 2737-073-00-026
CASE # A27-96
STAFF: Davv ~1~DhfiC,borl
"."" f'FW{~\S
PROJECT NAME: Zupancis Subdivision
Project Address: 510 Walnut St. and 511 Race Street, S 1/2 Lot 9, All Lots 10,11,12 in blk 3, Williams Addn
APPLICANT: Robert Zupancis/Sylvia Davis
AddresslPhone: P.O. Box 11481, Aspen, CO; 920-2546 H -- 920-5180 W
REPRESENTATNE: Tom Baker
AddresslPhone: 312 Teal Court, Aspen, CO 81611; 920-9283
FEES:
PLANNING
ENGINEER
HOUSING
ENV HEALTH
TOTAL
$2100
$105
$0
$65
$2270
# APPS RECENED 10
#PLATSRECENED .3 7.
~~to
F~~ ~ UY--to {;1 iJ..p
~6'Scr .
TYPE OF APPLICATION:
Two Step -SV!l1?IVI"f,/fJN1 ~-;; tif;~'1i~"f'I
P&Z
CC
CC (2nd readin )
REFERRALS:
o City Attorney
tI City Engineer
tJ Zoning
!;9:Housing
o Environmental Health
~Parks
DATE REFERRED:
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o RoclsY Mtn Natural Gas
o Aspen School District
o Other:
INITIALS: f;N '
DATE DUE:
APPROVAL:
~':~lResoluti()n# ~(p-~S-..!.. .
pproval. q(p-'2,.."2.,(~~
Plat Recorded:
Date:
Date:
Book
~ ~ ~1..~~ .
.. -I. -pt/, (~~~)
,Page
CLOSEDIFILED
ROUTE TO:
DATE:
INITIALS:
.'
.-,
1)
2)
A. ATr.llt:Bmll'1
c 'U\NJ) USE APPLl:CATIal' l'ORol:
Project Na1E 2.VPtrrfcJ/S. E;;:vmYI!SloN.
Project ~tion f!?/o r.f'f1..1V/Jrer t Sf I P'-fi7:15 sr: / ~, 06:' Blb!l
8 r~~'1, IlW of 0>1S 10,11,/7., IN 1*001<- 3, WIW/'rf(lS /'rtP1'1l~N .
(iniicate.bL......t.. ad:h. , lot & bl.oc::k p",",-, legal.-desc:r.iption 'Wbem
'"M'L-~.iate)
P.L5'c It.Zcnin:.J "-0 4) lot size ICrJI ":::ft(/h 0$+
AmH'"""lt's Na1E, 1d'h. & lba1e # ~T '~P/W(Yle/~1ft trWJ8
. (
f 1). f7O'I- 1/'-1"81, ,N5ff/N,coUJP-/'f'[P 8Ifolz...~ '1U-2-SLfb(tt-) ~'UJ-Gleo('(V)
(
~ T tl.cotive's Na1E, 1d'h. & lba1e # 10M ~
?I?/~ c-l5LH"; AsP6rV,~ e:,lbu ,; Q')4J-qz.B?
.
3)
5)
6)
7)
Type of Applicatia1 (please check.all that aw!Y) :
O:n:li.ticnal Use
_ Cc:n:lepbla1 SPA
Final SPA
_ O:n::eptual. Hist:ori.c DaIr.
Final Histaric DeIr.
_ Minar Hist:oric DeIr.
Histaric TP1nliticn
_ Histaric Designaticn
-'-- ~"l ReView
_ 8040 Greenl.ine
_ Cc:n:lepbla1 roo
_SL......... Margin Final roo
. Jbmtain Vie!.i Plane b SnlYlivisial .
- .
_ a..d..ui.r>;nm; "-"ticn _ Teld::,IH;Jp A1De'&u....A. _ QOS Allatment:
_ lot Split/IDt Line
1!dju..L....1t.
- QOS. Exeapticn
8) Descr.ipt:i.cn of Exist:iDJ Uses (J'W~ arxl t;ype of exist:.iDj sb:ucbn:es.
~ sq. ft.. J'W............. of b..ch...........; any pr:evicus ~ granted to the
prqlerty) .
( '2r) f-o~t-J11P\l-; Prvav('/~ -(0 'Z11-BD sf-Is ~ ?-6SIP6/V(;f5.
I
(I) ,,~;f3 St-/? f3;O{2fr. ~1Wf{c/E'7 ..
9) Descript:.icn of Dewl.ot.-.-A. ~
lqJ{?{)!V/S/1JN - .stJf!;p1Vl1?15 f5:?<.18.17N()!-!/r INn fWo(z-) ImvfDI~
~ So 17tft1 6~ tlfve;vutvfi- 1111$ In; ovvtJ ~ f)(5S<::P-lf1l:>N!
.vur tsP-6rt-
10) Have you att-~ the followin;j?
...::i......- l.:tlse to ~++,.d",-A. 2, KiniDlm ~"""';""";1W1 O:ntent:s
-L ~ '{,<,use to At+='- ~........1t. 3, ~i';t'! snl....;....;<'1n O:ntent:s
-/... - ""f:u;e to ~t+-..I.'-lL 4, Review st:armms for Ycur~.
;2-9<<p
Exhibit A
*6)
.>
9)
*'
~)
2)
~~
.(".. IAN[) lEE APPL:ICAT.ICN :El::.A! --
Projecl: Name ZVPf"i1{OIS ~VF-:OlVI$I1)N
l'mjecl: ~ticn t?IO ~(Jrsr t .S/I f/rC15 Sf., /tt5Ft:;N, 06~' B/bl'
s '11< i.,<1J <'f, ~V /) F /,-o'FS 10,11, 17.r IN e:wc1't-"3, 'rv1U., /"rfY'S 1'r"W11M'/ .
(:imi.cate ..1........t. aelch. , lot << b1oc::k J'II--.r, legal. -descripI:icn lIIbere
~'""""lat:e)
Pi. lL ~ p...-0
3)
5)
4) Ial: size lfol -=ftfh S+
A{:'pH""'"'It's Name, M:h. << l'tla1e f.~T .t:-/JP/'rNOiG/s%r...v/l'r krWJ8
. I
r 1). t?0<. tllf8 (I ~ ,CoUJf'--Ir"[P 8/6(z.- ~ '1'tO-'28lfb (H-) ~~O-S/80( 'fv)
I
~ .1 <:ttive's Name, .M:b. <<l'tla1e f. 10M ~
"?("Z-1l31f7,' Cl5/,f-1; />rSPOrVIC()~ ~lb(l; Q"}..4J-C{ZBo;;
,. . '
7) Type of AQ?licatia1 (please check.all that ag;U.y) :
_ O:niiticnal. Use _ Ccnc:epbJal SPA _ O:::n::ept:llal Histor"...c Dev.
_ ~ ,.1 ReI7i.eor . Final SPA
_ 8040 Gl:eenl.ine _ Ccnc:epbJal RlD
_ SL......... Margin Final RlD
_ lbmi:a.in View Plane .x $t1bii.vis:ia1 .
.
. _ Final H:ist:aric Dev.
_ Hiner Historic Dev.
_ ~...c n....-,1 ; t:i.a1
_ Hist:cr:ic Designat:ia1
_ a...~;,,,,,; =t.icn _ 'l'ext;IMap Amel.ll..-.lL _ QIJS A1J.cbDent
_ IDt Split;lIct Line
Adju..L..:.1L
-..,.. QIJS Exelpticn
8)
Desc::-l...pticn of F.5ri<:Hn; Uses (,..~ am type of ex:istiD.;J sb:ucbn:es;
appz:t:lldmat.e sq. ft.; rw--- of l...:.:h..........; arr:l pt'l!IIials ~ g:J:iUlte:i 1:0 the
prq;lerty) .
( 'V) (4;:SlP/5N1l/J<7-- ~U('f&-fS -(/)'2.1"1-81) sf/s 8DF/'f1 P-6SIPE:NC15.
I
(I) /, ?i~ <if-I'? ~ ?-6.$/Wt{(,~ .
,
~O)
resc::ipt:::i.c of I)evt> 1. 1,"- ,I:. Appl.icat.iat
,C,Vf?{}/vf,siPN - ,5fj18PIVlf/6 /5XI.S17N~ vrr INn 7"Yvo(z) Imvt[Jj!rZ--
[,,0'{6 .$'6 mr:n ~f'r('-& tJrvt5/,utv6-- /-J1'rS. t,s cVV(V L:E6Yr1, P5~I?17O('J/
.vif/ /rP-tA- APPlACIVrl' N 1rf{\E:Nf:XS;'{) 5" "'... .,,~ e. --Zl S~
Have yoo. ~ the following'?
')( .- -:,c.: to 1-1 I ~ 1 L. 2, Ki.ni.Du:a. ~"""i~;l"W1 Q:ntents
-
~ ~ "q:-=tk1e to AI' - ~..._",t 3, ~1=;~ Rl:1hft;~;rwt Q:ntents
----d..- Resp...Ee 1:0 All ~ IN'_a.. 4, Rev:i.es.r st:an:1ards fer Your~.
.;:z.~7e
r-
&xhi/J/IIl.
--
South ooe-half rot Nine arxi all of lots ten, eleven arxi tweJ.ve in BlOck
three (S1/2 rot 9, all of lots 10, 11 arxi 12 in Block 3) Williams
Mditicn 1:0 the City arxi Townsite of Aspen, together with all
improvanents therecn.
A Parcel of land. situated in the NE 1/4, SW 1/4, Sect:l.al 7, Township 10
South, ~ 84 West City of Aspen, Colorado bei..r:g m:>re fully de.sc::r:iberl
as fo.llows:
Beginning at the SE ~1.t::.L of rot 12, Block 3, Williams Mditicn;
theooe South 40033'07" West, 36.01 feet;
theooe South 83049'00" West, 43.64 feet;
theooe 58.72 feet ala1g the arc of a =va 1:0 the right havin;J a radius
of 245 feet;
t:hezre North 00040'00" Fast, 32.82 feet 1:0 the sw COril& of said rot 12;
t:hezre South 89020'00" East, 125.00 feet al.a1g the South boundary 1.i.rie of
said rot 12 1:0 the Point of Beginning.
/
.
~.
SUBDIVISION AGREEMENT
.EQR
ZUPANCIS SUBDIVISION
THIS SUBDIVISION AGREEMENT is made and entered into this ~ day of
August, 1996, brand between THE CITY OF ASPEN, COLORADO, a.municipal
corporati on (herei nafter referred to as "City"), and ROBERT ZUPANCIS
(hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, Owner has submitted to the City for approval, execution and
recordation a Final Plat of a tract of land situated within the City of Aspen,
Colorado and more particularly described on Exhibit A attached hereto and made
a part hereof by this reference (hereinafter referred to as the "Final Plat"),
said property being hereafter designated as the "Zupancis Subdivision";
WHEREAS, City has fully considered the Final Plat, the proposed
improvement of the lands therein, and the effects of the proposed improvement
of said lands on other adjoining or neighboring properties and property
owners; and
WHEREAS, City has imposed certain conditions and requirements in
connection with. its approval, execution and recordation of the final plat,
such matters being necessary to protect, promote and enhance the public
welfare; and
WHEREAS, Owner is will i ng to acknowledge, accept, abi de by and
faithfully perform the conditions and requirements imposed by City in
approving the Final Plat; and
WHEREAS, under the authority of Section 7-1005(C and D) of the Aspen
Municipal Code, City is entitled to assurance that the matters hereinafter
agreed to will be faithfully performed by Owner.
NOW, THEREFORE. for and in consideration of the premises, the mutual
covenants herein contained. and the approval, execution and acceptance of the
Final Plat for recordation by the City, it is mutually agreed as follows:
396742 09/06/96 10:41A PG 1 OF 7 REC DOC UCC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 36.00
1
A. Conditions of approval
1. Snow removal on sidewalk. The adjacent property owners shall be
responsible for snow removal on the sidewalk along South Avenue. The
applicant shall thin the existing aspens along South Avenue to allow for more
snow storage capacity. Snow removal on any future sidewalk along Walnut
Street will be the responsibility of the adjacent property owner. The
requirements for said snow removal are found in chapter 21.32 of the City
Code.
2. Parkina. The frontage along Walnut Street shall be a no parking zone
extending from South Avenue and continuing for a distance of 45 feet along
Walnut Street. Parking shall be parallel and not allowed within five feet of
the existing fire hydrant on Walnut Street. No parking shall be permitted in
the Race Alley right-of-way or on South Avenue.
3. Improvement districts. Owner agrees for himself and for all future Lot
owners in Zupancis Subdivision to join any future improvement districts
formed for the purpose of constructing improvements in the adjacent public
rights-of-way.
4. Encroachment. When Owner sells either lot to a new owner, or a
demolition or bUilding permit is requested for either lot, that portion of the
existing house at 510 Walnut Street on Lot 1 that encroaches into Lot 2 shall
be removed.
5. Superfund site. For that area contained in the superfund site, the
mitigation procedures that are prescribed in City of Aspen ordinance 94-25
shall be followed. Prior to the issuance of any building permits, the
applicant shall file with the Environmental health Department, a fugitive dust
plan and construction and soil moving plan that adheres to the Smuggler
Superfund site and administered by the Environmental Health Department.
6. Storm drainaae plan. A storm drainage plan shall be submitted to and
approved by City Engineering prior to the issuance of any building permits.
7. Affordable Housing. The lot owners shall be required to meet the
affordable housing requirements for the proposed single-family residence on
Lot 1 and the proposed duplex on Lot 2 in accordance with the standards set
forth in Section 26.100.050(A)(4)(c) of the Code. If deed restrictions are
the method chosen to qualify for a GMQS exemption, the affordable housing deed
restrictions must be recorded prior to the issuance of any bUilding permit.
The recorded deed restrictions, subject to the regulations in effect at the
time the deed restrictions are recorded, for the affordable housing units
shall be effective when a building permit is issued or within seven years of
396742
09/06/96 10:41A PG 2 OF 7
final approval of the subdivision by Council, whichever is earlier, with the
proviso that the deed restrictions may be released if circumstances change
such as the subdivision plat and approval is made invalid. If payment of the
applicable affordable housing impact fee is the method chosen for a GMQS
exemption, the fee must be paid prior to the issuance of any building permit.
For computation of the applicable affordable housing impact fee. floor plans
of the two existing residences, or other legal documentation, that accurately
reflect the square footages and number of bedrooms must be provided.
8. Tree removal. If any trees of 6 inch caliper or greater are to be
removed, a tree removal permit shall be required prior to the issuance of any
excavation or building permits. No excavation shall occur within the drip1ine
of trees and any construction activity occurring close to trees shall require
protective fencing to be placed around the dripline of the trees.
9. Water service. Water service lines for both lots 1 and 2 shall be
brought into compliance with current water service standards of the Aspen
water department for a single-family or duplex, as appropriate for each lot.
At the time of demolition for the residence at 510 Walnut Street. the
applicant shall either abandon and remove the water service line to the
existing yard hydrant or reconnect the yard hydrant through the metered
domestic service line.
10. Future installation of fireplaces and woodstoves. In accordance with
the Aspen/Pitkin County fireplace and woodstove regulations, any new building
in the City of Aspen may have two devices (gas log fireplace or certified
woodstove) and unlimited numbers of decorative gas appliances per building.
Wood burning fireplaces cannot be installed, nor may coal be used as fuel.
11. Dimensional requirements. The proposed single-family residence on Lot 1
and the proposed duplex or single-family residence on Lot 2 shall conform to
the dimensional requirements of Section 26.28.040, Medium-Density Residential
(R-6).
12. Utilities provided. The engineering report prepared by Schmeuser Gordon
Meyer and included with the original application represents that all utilities
are currently provided and will continue to be provided to each of the lots.
13. New public services. Any costs for new public services that must be
installed or upgraded shall be borne by the applicant including a sidewalk,
curb and gutter if required.
14. Material representations. All material representations made by the
applicant within the application, and at hearings before the Planning and
396742
09/06/96 10:41A PG ~
OF 7
Zoning Commission or the City Council shall be adhered to and considered
conditions of approval unless otherwise amended.
B. Non-compliance and Request for Amendments or Extensions bv Owner
In the event that the City Council determines that the Owner is not acting in
substantial compliance with the terms of this Subdivision Agreement. the City
Council shall notify the Owner in writing specifying the alleged non-
compliance and asking that the Owner remedy the alleged non-compliance within
such reasonable time as the City Council may determine. but not less than 30
days. If City Council determines that Owner has not complied within such
time. the City Council may issue and serve upon the Owner a written order
specifying the alleged non-compliance and requiring the Owner to remedy the
same within thirty (30) days. Within twenty (20) days of the receipt of such
order, the Owner may file with the City Council either a notice advising the
City Council that it is in compliance or a written petition requesting a
hearing to determine anyone or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist. or
(b) Whether a variance, extension of time or amendment to this
Subdivision Agreement should be granted with respect to any such non-
compliance which is determined to exist.
Upon the receipt of such petition. the City Council shall promptly schedule a
hearing to consider the matters set forth in the cease and desist order and in
the petition. The hearing shall be convened and conducted pursuant to the
procedures normally established by the City Council for other hearings. If
the City Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied. it may issue such orders as may
be appropriate: provided, however. no order terminating any approval
previously granted by the City Council shall be issued without a finding of
the City Council that substantial evidence warrants such action and affording
the Owner a reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or for which no
variance has been granted may, at the option of the City Council. and upon
written notice to the Owner, terminate any of such approvals which are
reasonable related to the requirement(sJ with which Owner has failed to
comply. Alternatively, the City Council may grant such variances. extensions
of time or amendments to this Subdivision Agreement as it may deem appropriate
under the circumstances.
In addition to the foregoing. the Owner or its successors or assigns may. on
its own initiative, petition the City Council for a variance, an amendment to
396742
09/06/96 10:41A PG 4 OF 7
this Subdivision Agreement or an extension of one or more of the time periods
required for performance hereunder. The City Council may grant such
variances. amendments to the Subdivision Agreement. or extensions of time as
it may deem appropriate under the circumstances. The parties expressly
acknowledge and agree that the City Council shall not unreasonably refuse to
extend the time periods for performance if Owner demonstrates by a
preponderance of the evidence that the reasons for the delay(s) which
necessitate said extension(s) are beyond the control of the Owner. despite
good faith efforts on its part to perform in a timely manner.
C. General Provisions
1. The provisions hereof shall be binding upon and inure to the benefit of
Owner and City and their respective successors and assigns.
2. This Subdivision Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
3. If any of the provisions of this Subdivision Agreement or any paragraph.
sentence. clause. phrase. word. or section or the application thereof in any
circumstance is invalidated. such invalidity shall not affect the validity of
the remainder of this Subdivision Agreement. and the application of any such
provision. paragraph. sentence. clause. phrase. word. or section in any other
circumstance shall not be affected thereby.
4. This Subdivision Agreement contains the entire understanding between the
parties hereto with respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written instruments executed
by all parties hereto.
5. Numerical and title headings contained in this Subdivision Agreement are
for convenience only. and shall not be deemed determinative of the substance
contained herein. As used herein. where the context requires. the use of the
singular shall include the plural and the use of any gender shall include all
genders.
6. Upon execution of this SubdiVision Agreement by all parties hereto. City
agrees to approve and execute the Final Plat for Zupancis Subdivision. and to
accept the same for recordation in the office of the Clerk and Recorder for
Pitkin County. Colorado. upon payment of the recordation fee by Owner.
7. Notices to be given to the parties to this Subdivision Agreement shall
be considered to be given if hand delivered or if deposited in the United
States Mail to the parties by registered or certified mail at the addresses
396742
09/06/96 10:41A PG 5
OF 7
indicated below, or such other addresses as may be substituted upon written
notice by the parties or their successors or assigns:
CITY OF ASPEN
City Manager
130 S Galena Street
Aspen, CO 81611
Robert Zupancis
511 Race Street
Aspen, CO 81611
8. The terms, conditions, provlslons and obligations herein contained shall
be deemed covenants that run with and burden the real property more
particularly described on attached Exhibit A and any and all owners thereof,
their successors, grantees or assigns, and further shall inure to the benefit
of and be specifically enforceable by or against the parties hereto, their
successors, grantees or assigns.
396742
09/06/96 10:41A PG 6
OF 7
6
. .
.
396742 09/06/96 10:41A PG 7 OF 7
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
as of the day and year first above written.
CITY:
AS TO FORM:
CITY OF ASPEN, COLORADO,
a municipal corporation
BY:~ l7~v.r:At-
Mayor
-s~~'" WClI(AA1-u
OWNER:
R~' ~"4f"'~'.d
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~day of~~
1996 by John Bennett as Mayor and by Kathryn S. Koch as City Clerk of the City
of Aspen. Colorado, a municipal corporation.
My commission expires:
4117 Jc19
I, I
J
Witness my hand and official seal.
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
otary Publ1c
,4'!
The foregging instrument was acknowledged before me this .;o..,tt..day of ~
'1&9~.by~~r:t Zupanci s .
':;';"';"',1,'," " ".'~ -":j"
<::)' :', .... '
,.!r,6i,i""~~~e~~:~Yhand and official seal.
~ . <,l.0~ ~/~ l. V X !~ ;:'
. 'j/ PJ'CMYCPiJlWi,5sion expires: ~..""~,,,
.'>. .~/ ~ ?-
",' ;-.. - ' ,'f) '" ,,'
'. os ~ .. ot ry Public
~..
7
,-,.,.
.,-,.,
V\\ c..
MEMORANDUM
TO:
Aspen City Council ~ \\ ~ / .
Amy Margerum, City ManagewV ~.".
Stan Clauson, Community Development Director ~
Dave Michaelson, Deputy Director p. "" .
Bob Nevins, City Planner
THRU:
THRU:
FROM:
RE:
ZupanCis Subdivision, Ordinance No. 25 - Second Reading
William's Addition, City of Aspen, Colorado
Parcel ill No. 2737-073-00-026
DATE:
August 12, 1996
SUMMARY: Subdivision Review is a two-step process. Planning and Zoning
Commission reviewed the proposal on June 18, 1996, and recommend to Council
approval of the subdivision with conditions.
The first reading of Ordinance 25, the Zupancis Subdivision, was presented to City
Council on July 8, 1996. It was an item on the Consent Agenda and was approved
unanimously. .
The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two
residential lots. The subdivision proposes to create one 7,500 sf single-family lot and one
9,246 sf duplex lot. Currently, there are two single-family residences located on the
property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and
described as SI/2 Lot 9, and all of Lots 10, II, 12 in Block 3, of land situated in the NE
1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado.
The development application is attached as Exhibit A. The referral comments are
included as Exhibit B. The Improvement Survey Plat is Exhibit C and proposed
Ordinance 25 is attached as Exhibit D.
ZONING: Medium-Density Residential (R-6)
APPLICANT: Robert Zupancis and Silvia Davis
BACKGROUND: The property is located north of South Avenue between Walnut Street
and the alley commonly referred to as Race Street in the Smuggler neighborhood. Two
single-family residences currently occupy the site. The house facing Walnut Street is
1
./""'\
.-.,
2,780 sf and contains five bedrooms. Tqe three bedroom residence along Race Street
totals 1,373 sf. and does not meet the dimensional requirements for rear and side yard
setbacks established within the R-6 zone district.
The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a
7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed
residential lots have an east/west orientation which is consistent with the original platting
of the William's Addition.
Upon subdivision approval,. the applicant is proposing to demolish the house at 510
Walnut Street and construct a new duplex on Lot 2. The residence at 511 Race Street
shall remain in its current location as long as the applicant continues to own both lots. At
such time Lot 1 is sold, the existing home shall be demolished and a single-family
residence shall be reconstructed in accordance with the R-6 zone requirements.
REVIEW PROCESS: The subdivision process is a Two-step commission and council
review as delineated in Section 26.52.060(A)(5)(b), Review of a development application
by decision-making bodies, of the Municipal Code:
Step 1 is a public hearing before Planning and Zoning Commission to determine if the
development application meets the requirements of Section 26.88.040, Subdivision
approval. The Commission shall recommend approval, approval with conditions or
disapproval of the proposal and the recommendation is forwarded to City Council;
Step 2 is a hearing by the City Council at which time the subdivision application may
be granted approval, approval with conditions or disapproval of the subdivision plat.
REFERRAL COMMENTS: The following departments have reviewed the subdivision
application and their comments ( Exhibit B) are summarized below:
ENGINEERING:
a) Plat and survey requirements: Subdivision plat and survey shall comply with
Colorado state statute.
b) Subdivision standards: City design standards for subdivision, Section 26.88.040,
shall be met for the entire development.
c) Alley right-oj-way: Race Street is legally and functionally a platted alley with a
twenty foot right-of-way. To ensure adequate vehicular circulation, the alley may not
be used for snow storage by the adjacent property owners.
d) Snow Storage Area: The applicant agrees to remove at least 50% of the existing
aspens within the snow storage easement to allow for greater snow storage capacity
along South Avenue.
e) Water service: Prior to recordation of the final plat, provide evidence that the existing
. yard hydrant has been traced to its source and properly abandoned. At the time of
demolition for the 510 Walnut Street residence, the applicant shall set up a new yard
2
r"\
~
hydrant on the existing domestic water line along with the establishment of a
construction account, or abandon all existing water service lines fronting the property.
Water lines for both Lots 1 and 2 shall be brought into compliance with current Aspen
. Water Department standards for a separate single-family residence (i.e. single tap,
single service line, single curb box, single meter, all of consistent line size), or duplex
development, as appropriate for each lot.
f) Parking: The frontages along South A venue shall be a no parking zone. Parking shall
be allowed on Walnut Street forty-five feet from the South Avenue intersection and no
parking shall be permitted within five feet of the existing fire hydrant.
g) Improvement districts: Property owners shall be required to join any future
improvement districts formed for the purpose of constructing improvements in the
adjacent public rights-of-way. The agreement shall be executed and recorded prior to
the acceptance of the final subdivision plat.
h) Utility service and community impacts: General utility service arrangements are
acceptable except where superseded by specific requirements of the Engineering
Department and other reviewing departments or agencies.
i) Mutual encroachments: The mutual encroachments of the existing residences across
the proposed lot line between Lot 1 and Lot 2 shall be fully described by bearing and
distance. The covenant regarding demolition of the existing residence at 510 Walnut
Street shall appear on the final subdivision plat as note referencing the previously
recorded separate subdivision covenants.
j) Curb, Gutter and Sidewalk Agreement: A note shall placed in the subdivision
agreement and final subdivision plat explaining the condition of approval for an
appropriate curb, gutter and sidewalk agreement. The future property owner(s) shall be
responsible for the construction or commitment to construct the improvements along
their respective Walnut Street frontages whenever they apply for a building permit.
HOUSING:
Pursuant to Section 26.100.050, several types of development are eligible for exemption
from the residential growth management competition. In order to qualify for a single-
family and/or duplex exemption, the property owner shall meet the following standards:
A. Single-family exemption for Lot 1
1. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family dwelling unit
being constructed.
B. Duplex exemption for Lot 2
1. provide one free-market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1500)
square feet;
3
r-.,
i'""'\
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum floor area of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. pay the applicable affordable housing impact fee.
PARKS:
a) The fence along Walnut Street U1at encroached into the public right-of-way has been
removed by the applicant. It is no longer a condition of approval.
b) The property owners shall be responsible for snow removal on the public sidewalk
along South Avenue pursuant to Section 21.32.010 - 21.32.050 ofthe Municipal Code.
c) A permit for the removal of any trees shall be applied for prior to the issuance of a
building permit. Excavation shall not occur within the dripline of the trees. If any
construction activity is to occur near existing trees, protective fencing shall be placed
around the dripline of those trees
STAFF COMMENTS: This development proposal is being evaluated in relationship to
the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal
Code due to the following considerations:
a) Pursuant to Section 26.88.040, Subdivision approval, a development order for
subdivision shall be considered for approval if the applicant has been awarded a
development allotment or has obtained a GMQS exemption in accordance with
Section 26.100.050, Exemptions; and
b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within
the original Aspen Townsite or additions thereto have continuous frontage and are
in single ownership (including husband and wife) on October 27, 1975, the lots shall
be considered an undivided lot for the purposes of this title, and conveyance of any
portion shall constitute subdivision.
SUBDIVISION: The proposed subdivision meets the general requirements set forth in
Section 26.88.040(C)(1-5), Review standards for subdivision approval. The Community
Development Staff finds the subdivision proposal to be in conformance with the
following standards and requirements as summarized below:
1. General requirements:
a. The proposed subdivision is consistent with the development and housing goals
adopted within the Aspen Area Comprehensive Plan;
b. The proposed subdivision is consistent with the character of existing Medium-
Density Residential (R-6) zone district and the other residential land uses in the
Smuggler neighborhood;
c. The proposed subdivision is consistent with the existing and adjacent residential
development. A single-family residence is proposed for Lot 1 and a duplex is
proposed on Lot 2 which should not adversely affect the future development of
4
~\
.,-.,..
surrounding areas; and
d. The proposed subdivision shall comply with all conditions of approval before
recordation of development documents or prior to the issuance of building permits,
whichever is applicable.
2. Suitability of land for subdivision:
a. The land is suitable for development as the site is not subject to natural hazards
such as flooding, mudflows, avalanches or snowslides, steep topography or other
conditions that are harmful to the health, safety or welfare of the residents. The
property is located within the Smuggler Superfund site. There is a small area along
the southern frontage with soil lead contamination levels requiring mitigation if
it is disturbed. A redevelopment proposal that avoids the contaminated soils would
not require any special action. However, mitigation of the contaminated zone
would permit the issuance of a certificate to the property owner indicating that the
site was "clean". Mitigation may be as simple as adding a soil cap to the
contaminated areas without disturbing the contaminated soil underneath. Properties
within the Superfund site require an additional permit associated with the
building permit process.
b. The spatial pattern of the proposed subdivision is efficient and does not create
duplication, premature extension of public facilities or unnecessary public costs.
3. Improvements.
a. Required improvements. The required improvements (1-16) for the proposed
subdivision are currently in existence.
b. Approved plans. The applicant shall not commence construction on any relocation
ofthe existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until
a plan, profile, and specifications have been received and approved by the City
Engineer and, when appropriate, the relevant utility company.
c. Oversized utilities. Not applicable.
4. Design standards.
a. Streets and related improvements. The required street standards (1-24) for the
proposed subdivision are currently in existence.
b. Easements. All utility easements shall meet City standards. Any relocation of
utility easements shall require submission to and approval by the City Engineer.
c. Lots and blocks. The proposed subdivision meets the applicable regulations.
d. Survey monuments. All of the survey requirements shall be in compliance with the
applicable regulations and statutes.
e. Utilities. All of the required utility standards (1-7) have been met.
f. Storm drainage. The proposed subdivision shall meet the requirements (1-4) set
forth in the storm drainage standards.
g. Flood hazard areas. Not applicable.
5. Affordable housing.
A subdivision which is comprised of replacement dwelling units shall be required to
5 .
~
.'-"'.
provide affordable housing. Since this application for subdivision is being reviewed in
accordance with Section 26.l00.050(A)(5), GMQS exemptions, certain requirements
need to be met. In order to qualify for a single-family and/or duplex exemption, the
applicant (property owner) shall meet the following standards:
A. Single-family exemption for Lot 1
1. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family unit being built.
B. Duplex exemption for Lot 2
I. provide one free-market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1,500)
square feet;
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. pay the applicable affordable housing impact fee.
STAFF RECOMMENDATION: The Community Development Staff recommends
approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone
district as presented in the application text and plat map with th.e following conditions:
I. The final improvement/subdivision survey plat shall be prepared in accordance with
the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering
Department for review and approval.
2. The area within the Superfund site shall delineated on the final subdivision plat with
notation detailing any special considerations and mitigation measures that apply.
3. The mutual encroachments of the existing residences across the proposed lot line
between Lots I and 2 shall be fully described by bearing and distance and the
covenant regarding the demolition of the existing house at 510 Walnut Street shall
appear on the subdivision plat as a note referencing the previously recorded separate
subdivision covenants.
4. The actual configuration of the sanitary sewer services shall be resolved and verified
by City Engineering prior to the approval of the final plat.
5. The owners of the residential lots shall be required to join any future improvements
districts formed for the purpose of constructing improvements in adjacent public
rights-of-way. The agreement shall be executed and recorded prior to the acceptance
of the final subdivision plat.
6
~
,-."
6. The final plat/improvements survey and subdivision agreement shall be recorded with
the Pitkin County Clerk and Recorder. . If the applicant fails to record the plat
documents within a period of one hundred and eighty days following approval by the
City Council, the plat may be rendered invalid.
7. A storm drainage plan shall be submitted to and approved by City Engineering prior
to the issuance of any building permits.
8. If any trees are to removed, a tree removal permit shall be required prior to the
issuance of any excavation or building permits.
9. The lot owners shall be required to meet the affordable housing requirements for
the proposed single-family residence on Lot I and the proposed duplex on Lot 2 in
accordance with the standards set forth in Section 26.100.050(A)(4)(c) of the Code.
10. The property owners shall be responsible for snow removal on the sidewalk along
South Avenue.
II. The frontages along South Avenue shall be no parking zones. Limited off-street
parking shall be permitted on Walnut Street, forty-five feet from the South Avenue
intersection, and no parking within five feet of the existing fire hydrant.
12. The proposed single-family residences on Lots I and 2 shall conform to the
dimensional requirements of Section 26.28.040, Medium-Density Residential (R-6).
13. All material representations made by the applicant within the application, and at
hearings before the Planning and Zoning Commission or the City Council shall be
adhered to and considered conditions of approval unless otherwise amended.
ALTERNATIVES: City Council may approve additional conditions or disapprove of the
application for subdivision.
PROPOSED MOTION: "I move to approve the Zupancis Subdivision with the
conditions set forth in the Community Development Memorandum of August 12, 1996."
CITY MANAGER COMMENTS: .
EXHffiITS:
"A" - Application for Subdivision
"B" - Referral Memorandums
"c" - Improvement Survey Plat
"D" - Ordinance No. 25, Series of 1996
7
,-
.-,
PUBLIC NOTICE
RE: ZUPANCIS SUBDMSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 12 , 1996 at
a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by Robert Zupancis and Silvia
Davis, requesting approval to subdivide a lot with two existing dwellings so that each has its own
legal description. The property is located at 51 0 Walnut Street and 511 Race Street, and is
described as S 1/2 Lot 9, all of Lots 10, 11, 12 in Block 3, ofland situated in the NE 1/4, SW 1/4,
Section 7, Township 10 South, Range 84 West City of Aspen. For further information, contact Bob
Nevins at the AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920-5102.
stjohn Bennett.. Mayor
Aspen City Council
Published in the Aspen Times on July 27, 1996
City of Aspen Account
fYlw leoto Kchevi- 1/2 4Jrq /"'0 _
.-,
'ff ,.)
MEMORANDUM
.-,
TO:
Aspen City Council
THRU:
Amy Margerum, City Manager
Stan Clauson, Community Development Direct~~~
Dave Michaelson, Deputy Directorp~_
Bob Nevins, City Planner
Zupancis Subdivision, Ordinance No. ?-0 - First Reading
William's Addition, City of Aspen, Colorado
Parcel ill No. 2737-073-00-026
THRU:
FROM:
RE:
DATE:
July 8, 1996
SUMMARY: Subdivision Review is a two-step process. Planning and Zoning
Commission reviewed the proposal on June 18, 1996, and recommend to Council
approval of the subdivision with conditions.
The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two
residential lots. The subdivision proposes to create one 7,500 sf single-family lot and one
9,246 sf duplex lot. Currently, there are two single-family residences located on the
property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and
described as SI/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, ofland situated in the NE
1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado.
The development application is attached as Exhibit A. The referral comments are
included as Exhibit B. The proposed Ordinance is Exhibit C.
ZONING: Medium-Density Residential (R-6)
APPLICANT: Robert Zupancis and Silvia Davis
BACKGROUND: The property is located north of South Avenue between Walnut Street
and the alley commonly referred to as Race Street in the Smuggler neighborhood.
Two single-family residences currently occupy the site. The house facing Walnut Street
is 2,780 sf and contains five bedrooms. The three bedroom residence along Race Street
totals 1,373 sf. and does not meet the dimensional requirements for rear and side yard
setbacks established within the R-6 zone district.
The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a
1
.-,
.-,
7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed
residential lots have an east/west orientation which is consistent with the original platting
of the William's Addition.
Upon subdivision approval, the applicant is proposing to demolish the house at 510
Walnut Street and construct a new duplex on Lot 2. The residence at 5 I I Race Street
shall remain in its current location as long as the applicant continues to own both lots. At
such time Lot I is sold, the existing home shall be demolished and a single-family
residence shall be reconstructed in accordance with the R-6 zone requirements.
REVIEW PROCESS: The subdivision process is a Two-step commission and council
review as delineated in Section 26.52.060(A)(5)(b), Review of a development application
by decision-making bodies, of the Municipal Code:
Step 1 is a public hearing before Planning and Zoning Commission to determine if the
development application meets the requirements of Section 26.88.040, Subdivision
approval. The Commission shall recommend approval, approval with conditions or
disapproval of the proposal and the recommendation is forwarded to City Council;
Step 2 is a hearing by the City Council at which time the subdivision application may
be granted approval, approval with conditions or disapproval of the subdivision plat.
REFERRAL COMMENTS: The following departments have reviewed the subdivision
application and their comments ( Exhibit B) are summarized below:
ENGINEERING:
a) Plat and survey requirements: Subdivision plat and survey shall comply with
Colorado state statute.
b) Subdivision standards: City design standards for subdivision, Section 26.88.040,
shall be met for the entire development.
c) Alley right-of-way: Race Street is legally and functionally a platted alley with a
twenty foot right-of-way. To ensure adequate vehicular circulation, the alley may not
be used for snow storage by the adjacent property owners.
d) Snow Storage Area: The applicant agrees to remove at least 50% of the existing
aspens within the snow storage easement to allow for greater snow storage capacity
along South Avenue.
e) Water service: Prior to recordation of the final plat, provide evidence that the existing
yard hydrant has been traced to its source and properly abandoned. At the time of
demolition for the 5 10 Walnut Street residence, the applicant shall set up a new yard
hydrant on the existing domestic water line along with the establishment of a
construction account, or abandon all existing water service lines fronting the property.
Water lines for both Lots I and 2 shall be brought into compliance with current Aspen
Water Department standards for a separate single-family residence (i.e. single tap,
single service line, single curb box, single meter, all of consistent line size), or duplex
2
~
.-"
development, as appropriate for each lot.
f) Parking: The frontages along South A venue shall be a no parking zone. Parking shall
be allowed on Walnut Street forty-five feet from the South Avenue intersection and no
parking shall be permitted within five feet of the existing fire hydrant.
g) Improvement districts: Property owners shall be required to join any future
. improvement districts formed for the purpose of constructing improvements in the
adjacent public rights-of-way. The agreement shall be executed and recorded prior to
the acceptance of the final subdivision plat. .
h) Utility service and community impacts: General utility service arrangements are
acceptable except where superseded by specific requirements of the Engineering
Department and other reviewing departments or agencies.
i) Mutual encroachments: The mutual encroachments of the existing residences across
the proposed lot line between Lot I and Lot 2 shall be fully described by bearing and
distance. The covenant regarding demolition of the existing residence at 510 Walnut
Street shall appear on the final subdivision plat as note referencing the previously
recorded separate subdivision covenants.
j) Curb, Gutter and Sidewalk Agreement: A note shall placed in the subdivision
agreement and final subdivision plat explaining the condition of approval for an
appropriate curb, gutter and sidewalk agreement. The future property owner(s) shall be
responsible for the construction or commitment to construct the improvements along
their respective Walnut Street frontages whenever they apply for a building permit.
HOUSING:
Pursuant to Section 26.100.050, several types of development are eligible for exemption
from the residential growth management competition. In order to qualify for a single-
family andlor duplex exemption, the property owner shall meet the following standards:
A. Single-family exemption for Lot I
I. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family dwelling unit
being constructed.
B. Duplex exemption for Lot 2
I. provide one free-market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1500)
square feet;
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum floor area of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. pay the applicable affordable housing impact fee.
3
.-,
.-,
PARKS:
a) The existing fence along Walnut Street encroaches into the public right-of-way. As a
condition of approval, the applicant shall move the fence to their property line or they
shall apply for an encroachment permit separate from this subdivision application.
Should the encroachment permit be denied, the applicant shall be required to relocate
or demolish the fence.
b) The property owners shall be responsible for snow removal on the public sidewalk
along South Avenue pursuant to Section 2 1.32.010 - 21.32.050 of the Municipal Code.
c) A permit for the removal of any trees shall be applied for prior to the issuance of a
building permit. Excavation shall not occur within the dripline of the trees. If any
construction activity is to occur near existing trees, protective fencing shall be placed
around the dripline of those trees
STAFF COMMENTS: This development proposal is being evaluated in relationship to
the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal
Code due to the following considerations:
a) Pursuant to Section 26.88.040, Subdivision approval, a development order for
subdivision shall be considered for approval if the applicant has been awarded a
development allotment or has obtained a GMQS exemption in accordance with
Section 26.100.050, Exemptions; and
b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within
the original Aspen Townsite or additions thereto have continuous frontage and are
in single ownership (including husband and wife) on October 27, 1975, the lots shall
be considered an undivided lot for the purposes of this title, and conveyance of any
portion shall constitute subdivision.
SUBDIVISION: The proposed subdivision meets the general requirements set forth in
Section 26.88.040(C)(l-5), Review standards for subdivision approval. The Community
Development Staff finds the subdivision proposal to be in conformance with the
following standards and requirements as summarized below:
1. General requirements:
a. The proposed subdivision is consistent with the development and housing goals
adopted within the Aspen Area Comprehensive Plan;
b. The proposed subdivision is consistent with the character of existing Medium-
Density Residential (R-6) zone district and the other residential land uses in the
Smuggler neighborhood;
c. The proposed subdivision is consistent with the existing and adjacent residential
development. A single-family residence is proposed for Lot I and a duplex is
proposed on Lot 2 which should not adversely affect the future development of
surrounding areas; and
d. The proposed subdivision shall comply with all conditions of approval before
4
.-,
,.-.
recordation of development documents or prior to the issuance of building permits,
whichever is applicable.
2. Suitability of land for subdivision:
a. The land is suitable for development as the site is not subject to natural hazards
such as flooding, mudflows, avalanches or snowslides, steep topography or other
conditions that are harmful to the health, safety or welfare of the residents. The
property is located within the Smuggler Superfund site. There is a small atea along
the southern frontage with soil lead contamination levels requiring mitigation if
it is disturbed. A redevelopment proposal that avoids the contaminated soils would
not require any special action. However, mitigation of the contaminated zone
would permit the issuance of a certificate to the property owner indicating that the
site was "clean". Mitigation may be as simple as adding a soil cap to the
contaminated areas without disturbing the contaminated soil underneath. Properties
within the Superfund site require an additional permit associated with the
building permit process.
b. The spatial pattern of the proposed subdivision is efficient and does not create
duplication, premature extension of public facilities or unnecessary public costs.
3. Improvements.
a. Required improvements. The required improvements (1-16) for the proposed
subdivision are currently in existence.
b. Approved plans. The applicant shall not commence construction on any relocation
of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until
a plan, profile, and specifications have been received and approved by the City
Engineer and, when appropriate, the relevant utility company.
c. Oversized utilities. Not applicable.
4. Design standards.
a. Streets and related improvements. The required street standards (1-24) for the
proposed subdivision are currently in existence.
b. Easements. All utility easements shall meet City standards. Any relocation of
utility easements shall require submission to and approval by the City Engineer.'
c. Lots and blocks. The proposed subdivision meets the applicable regulations.
d. Survey monuments. All of the survey requirements shall be in compliance with the
applicable regulations and statutes.
e. Utilities. All of the required utility standards (1-7) have been met.
f. Storm drainage. The proposed subdivision shall meet the requirements (1-4) set
forth in the storm drainage standards.
g. Flood hazard areas. Not applicable.
5. Affordable housing.
A subdivision which is comprised of replacement dwelling units shall be required to
provide affordable housing. Since this application for subdivision is being reviewed in
accordance with Section 26.IOO.050(A)(5), GMQS exemptions, certain requirements
5
.-,
.-,
need to be met. In order to qualify for a single-family and/or duplex exemption, the
applicant (property owner) shall meet the following standards:
A. Single-family exemption for Lot I
I. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family unit being built.
B. Duplex exemption for Lot 2
1. provide one free-market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1,500)
square feet;
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. pay the applicable affordable housing impact fee. .
STAFF RECOMMENDATION: The Community Development Staff recommends
approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone
district as presented in the application text and plat map with the following conditions:
1. The final improvement/subdivision survey plat shall be prepared in accordance with
the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering
Department for review and approval.
2. The area within the Superfund site shall delineated on the final subdivision plat with
notation detailing any special considerations and mitigation measures that apply.
3. The mutual encroachments of the existing residences across the proposed lot line
between Lots I and 2 shall be fully described by bearing and distance and the
covenant regarding the demolition of the existing house at 510 Walnut Street shall
appear on the subdivision plat as a note referencing the previously recorded separate
subdivision covenants.
4. The actual configuration of the sanitary sewer services shall be resolved and verified
by City Engineering prior to the approval of the final plat.
5. The owners of the residential lots shall be required to join any future improvements
districts formed for the purpose of constructing improvements in adjacent public
rights-of-way. The agreement shall be executed and recorded prior to the acceptance
of the final subdivision plat.
6
/
tf""\
^
6. The final plat/impr.ovements survey and subdivisi.on agreement shall be rec.orded with
the Pitkin C.ounty Clerk and Rec.order. If the applicant fails t.o rec.ord the plat
d.ocuments within a peri.od .of .one hundred and eighty days f.oll.owing approval by the
City C.ouncil, the plat may be rendered invalid.
7. A st.orm drainage plan shall be submitted t.o and approved by City Engineering prier
t.o the issuance .of any building permits.
8. If any trees are t.o rem.oved, a tree rem.oval permit shall be required prier t.o the
issuance .of any excavati.on .or building permits.
9. The let .owners shall be required t.o meet the aff.ordable h.ousing requirements fer
the pr.op.osed single-family residence .on Let 1 and the pr.op.osed duplex .on Let 2 in
acc.ordance with the standards set f.orth in Secti.on 26.l00.050(A)(4)(c) .of the Cede.
10. The property .owners shall be respensible fer snew remeval en the sidewalk aleng
S.outh Avenue.
11. The frentages al.ong Seuth Avenue shall be ne parking z.ones. Limited .off-street
parking shall be permitted en Walnut Street, ferty-five feet fr.om the Seuth Avenue
intersectien, and ne parking within five feet .of the existing fire hydrant.
12. The pr.opesed single-family residences en Lets I and 2 .shall cenf.orm te the
dimensienal requirements .of Section 26.28.040, Medium-Density Residential (R-6).
13. All material representatiens made by the applicant within the applicatien, and at
hearings befere the Planning and Zoning Cemmissien .or the City C.ouncil shall be
adhered t.o and censidered cenditi.ons .of appr.oval unless .otherwise amended.
ALTERNATIVES: City C.ouncil may appreve additi.onal cenditi.ons .or disappreve.of the
applicatien fer subdivisien.
PROPOSED MOTION: "1 m.ove t.o approve the Zupancis Subdivisi.on with the
c.onditi.ons delineated in the Cemmunity Develepment Memerandum .of July 8, 1996."
CITY MANAGER COMMENTS:
EXHffiITS:
"A" - Applicatien fer Subdivisien
"B" - Referral Memerandums
"C" - Ordinance N.o. _, Series.of 1996
7
r-
,-,
66b
MEMORANDUM
TO:
Planning Staff
John Ely, County Attorney
Susan Murphy, County Administration
John Worcester, City Attorney
Kathryn Koch, City Clerk
FROM:
Rhonda Harris, Community Development Department
RE:
Work Schedule-Memos Due Week of June 21, 1996
.JUTS 8 - CITY COUNCIL
Aspen Club PUD (OM)
Zupancis Subdivision (BN)
Lot 5, Aspen Meadows SPA (BN)
Lot 6, Aspen Meadows SPA (BN)
JULY lO-BOCC
Rural/Remote Amendments, 2nd Reading (CH)
Larsen CDU (ES)
Miller/Favour 1041 HR & CDU (LC)
Jaffee/Prince Creek 1041 HR (ES)
JULY10-HPC
303 E. Main - Vested Rights
Meadows - Minor
706 W. Main
1008 E. Hopkins - Worksession
BOCC RESOLUTIONS/ORDINANCES OUTSTANDING:
Moore PUD/Subdivision Ord-2/28/95 (TM)
Elk Mountain Lodge - 4/22/96 (RM)
Cozy Point - 6/12/96 (FK)
CITY P&Z RESOLUTIONS OUTSTANDING:
Hernandez ADU-2/6/96 (OM)
820 E. Cooper ADU-2/6/96 (AA)
1'""..
.-,
MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Stan Clauson, Community Development Director
Dave Michaelson, Deputy Director
FROM:
Bob Nevins, City Planner
RE:
Zupancis Subdivision, William's Addition, City of Aspen, Colorado
Parcel ill No. 2737-073-00-026
DATE:
June 18, 1996
SUMMARY: The public hearing for the Zupancis Subdivision was originally scheduled
for May 7, 1996. The Planning and Zoning Commission tabled the application due to
insufficient public notification pursuant to Chapter 26.52, Common Development Review
Procedures. The hearing was rescheduled for June 18, 1996.
The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two
residential lots. The subdivision proposes to create one 7,500 sf single-family lot and one
9,246 sf duplex lot. Currently, there are two single-family residences located on the
property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and
described as S1/2 Lot 9, and all of Lots 10, 1 1,12 in Block 3, ofIand situated in the NE
1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado.
ZONING: Medium-Density Residential (R-6)
APPLICANT: Robert Zupancis and Silvia Davis
BACKGROUND: The property is located north of South Avenue between Walnut Street
and the alley commonly referred to as Race Street in the Smuggler neighborhood.
Two single-family residences currently occupy the site. The house facing Walnut Street
is 2,780 sf and contains five bedrooms. The wooden fence in front of the house
encroaches into the Walnut Street right-of-way. The three bedroom residence along Race
Street totals 1,373 sf. and does not meet the dimensional requirements for rear and side
yard setbacks established within the R-6 zone district.
The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a
7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed
residential lots have an east/west orientation which is consistent with the original platting
of the William's Addition.
1
f'I""'.
.-,
Upon subdivision approval, the applicant is proposing to demolish the house at 510
Walnut Street and construct a new duplex onLot 2. The residence at 511 Race Street
shall remain in its current location as long as the applicant continues to own both lots. At
such time Lot 1 is sold, the existing home(s) shall be demolished and a single-family
residence shall be reconstructed in accordance with the R-6 zone requirements.
REVIEW PROCESS: The subdivision process is a Two-step commission and council
review as delineated in Section 26.52.060(A)(5)(b), Review of a development application
by decision-making bodies, of the Land Use Regulations:
Step 1 isa public hearing before Planning and Zoning Commission to determine if the
development application meets the requirements of Section 26.88.040, Subdivision
approval. The Commission shall recommend approval, approval with conditions or
disapproval of the proposal and the recommendation is f?rwarded to City Council;
Step 2 is a hearing by the City Council at which time the subdivision application may
be granted approval, approval with conditions or disapproval of the subdivision plat.
REFERRAL COMMENTS: The following departments have reviewed the subdivision
application and their comments (see Exhibit B) are summarized below:
ENGINEERING:
a) Plat and survey requirements: Subdivision plat and survey shall comply with
Colorado state statute.
b) Subdivision standards: City design standards for subdivision, Section 26.88.040,
shall be met for the entire development.
c) Alley right-oj-way: Race Street is legally and functionally a platted alley with a
twenty foot right-of-way and there is no apparent need for dedication additional right-
of-way width.
d) Sidewalk: To improve winter snow storage and pedestrian access along South
A venue, it is agreed that the property owners will remove the snow rather than change
the sidewalk and the existing snow storage easements at this time. The applicant also
agrees to thin the existing aspen trees by at least 50% to allow for more snow storage
within the present easement.
e ) Water service: Prior to recordation of the final plat, provide evidence that the existing
yard hydrant has been traced and properly abandoned; at the time a demolition permit is
issued for Lot 1, the applicant shall either set up a new yard hydrant on the existing water
service line along with the establishment of a construction account, or abandon all
existing water service lines fronting the property; and water service lines for Lots 1 and 2
shall be brought into compliance with the current water service line standards for a
separate single-family residence or duplex, as appropriate.
D Parking: The frontage along Walnut Street shall be a no parking zone extending from
South Avenue and continuing for a distance of 45 feet along Walnut Street. Parking shall
2
,....,
,-,
be parallel and not allowed within five feet of the existing fire hydrant on Walnut Street.
No parking shall be permitted in the Race Alley right-of-way or on South Avenue.
g) Improvement districts: Property owners shall be required to join any future
improvement districts formed for the purpose of constructing improvements in the
adjacent public rights-of-way. The condition shall be included in the subdivision
agreement and shown on the final plat.
h) Utility service and community impacts: General utility service arrangements are
acceptable except where superseded by specific requirements of the Engineering
Department and other reviewing departments or agencies.
i) Building encroachments: The encroachment of the existing residences across
the proposed lot line between Lot I and Lot 2 shall be fully described by bearing and
distance and condition shall be placed in the subdivision agreement and on the plat, that
when either lot is sold to a new owner, or a demolition or building permit is requested for
either lot, the portion of the existing house on Lot I which encroaches into Lot 2 shall be
removed. Partial demolition of the encroaching portion of the house shall meet this
condition.
j) Curb, gutter and sidewalk agreement: A note explaining the condition of approval for
an appropriate curb, gutter and sidewalk agreement shall be placed on the final
subdivision plat and contained in the subdivision agreement. The future property owner
shall be responsible for the construction or commitment to construct the curb, gutter and
sidewalk along their Walnut Street frontages whenever a construction permit is issued for
their property.
HOUSING:
Pursuant to Section 26. 100.050, several types of development are eligible for exemption
from the residential growth management competition. In order to qualify for a single-
family and/or duplex exemption, the property owner shall meet the following standards:
A. Single-family exemption for Lot I
I. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family dwelling urut
being constructed.
B. Duplex exemption for Lot 2
1. provide one free-market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1500)
square feet;
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum floor area of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. pay the applicable affordable housing impact fee.
3
.-
'-',
PARKS:
a) The applicant has removed the fence.
b) The property owners shall be responsib~e for snow removal on the public sidewalk
along South Avenue pursuant to Section 21.32.010 - 21.32.050 of the Municipal Code.
c) A permit for the removal of any trees shall be applied for prior to the issuance of a
building permit. Excavation shall not occur within the dripline of the trees. If any
construction activity is to occur near existing trees, protective fencing shall be placed
around the dripline of those trees.
STAFF COMMENTS: This development proposal is being evaluated in relationship to
the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal
Code due to the following considerations:
a) Pursuant to Section 26.88.040, Subdivision approval, a development order for
subdivision shall be considered for approval if the applicant has been awarded a
development allotment or has obtained a GMQS exemption in accordance with
Section 26.100.050, Exemptions; and
b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within
the original Aspen Townsite or additions thereto have continuous frontage and are
in single ownership (including husband and wife) on October 27, 1975, the lots shall
be considered an undivided lot for the purposes Of this title, and conveyance of any
portion shall constitute subdivision.
SUBDIVISION: The proposed subdivision meets the general requirements set forth in
Section 26.88.040(C)(l-5), Review standards for subdivision approval. The Community
Development Staff finds the subdivision proposal to be in conformance with the
following standards and requirements as summarized below:
I. General requirements:
a. The proposed subdivision is consistent with the development and housing goals
adopted within the Aspen Area Comprehensive Plan;
b. The proposed subdivision is consistent with the character of existing Medium-
Density Residential (R-6) zone district and the other residential land uses in the
Smuggler neighborhood;
c. The proposed subdivision is consistent with the existing and adjacent residential
development. A single-family residence is proposed for Lot I and a duplex is
proposed on Lot 2 which should not adversely affect the future development of
surrounding areas; and
d. The proposed subdivision shall comply with all conditions of approval before
recordation of development documents or prior to the issuance of building permits,
whichever is applicable.
4
".,..."
<
--
2. Suitability of land for subdivision:
a. The land is suitable for development as the site is not subject to natural hazards
such as flooding, mudflows, avalanches or snowslides, steep topography or other
conditions that are harmful to the health, safety or welfare of the residents. The
property is located within ,the Smuggler Superfund site. There is a small area along
the southern frontage with soil lead contamination levels requiring mitigation if
it is disturbed. A redevelopment proposal that avoids the contaminated soils would
not require any special action. However, mitigation of the contaminated zone
would permit the issuance of a certificate to the property owner indicating that the
site was "clean". Mitigation may be as simple as adding a soil cap to the
contaminated areas without disturbing the contaminated soil underneath. Properties
within the Superfund site require an additional permit associated with the
building permit process.
b. The spatial pattern of the proposed subdivision is efficient and does not create
duplication, premature extension of public facilities or unnecessary public costs~
3. Improvements.
a. Required improvements. The required improvements (1-16) for the proposed
subdivision are currently in existence.
b. Approved plans. The applicant shall not commence construction on any relocation
of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until
a plan, profile, and specifications have been received and approved by the City
Engineer and, when appropriate, the relevant utility company.
c. Oversized utilities. Not applicable.
4. Design standards.
a. Streets and related improvements. The required street standards (1-24) for the
proposed subdivision are currently in existence.
b. Easements. All utility easements shall meet City standards. Any relocation of
utility easements shall require submission to and approval by the City Engineer.
c. Lots and blocks. The proposed subdivision meets the applicable regulations.
d. Survey monuments. All of the survey requirements shall be in compliance with the
applicable regulations and statutes.
e. Utilities. All of the required utility standards (1-7) have been met.
f. Stonn drainage. The proposed subdivision shall meet the requirements (1-4) set
forth in the storm drainage standards.
g. Flood hazard areas. Not applicable.
5. Affordable housing.
A subdivision which is comprised of replacement dwelling units shall be required to
provide affordable housing. Since this application for subdivision is being reviewed in
accordance with Section 26.100.050(A)(5), GMQS exemptions, certain requirements
need to be met. In order to qualify for a single-family and/or duplex exemption, the
5
~.
.--
applicant (property owner) shall meet the following standards:
A. Single-family exemption for Lot I
I. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family unit being built.
B. Duplex exemption for Lot 2
1. provide one free-market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1,500)
square feet; .
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. . pay the applicable affordable housing impact fee.
STAFF RECOMMENDATION: The Community Development Staff recommends
approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone
district as presented in the application text and plat map with the following conditions:
I. The final improvement/subdivision survey plat shall be prepared in accordance with
the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering
Department for review and approval.
2. The area within the Superfund site shall delineated on the final subdivision plat with
notation detailing any special considerations and mitigation measures that apply.
3. The encroachment of the existing residences across the proposed lot line between
Lots 1 and Lot 2 shall be fully described by bearing and distance and a condition shall be
placed in the subdivision agreement and on the plat, that when either lot is sold to a new
owner, or a demolition or building permit is requested for either lot, the existing house on
Lot 1 (510 Walnut Street) which encroaches into Lot 2 shall be removed. Partial
demolition of the encroaching portion of the house shall meet this condition if the house
at 511 Race Street is demolished or removed.
4. The owners of the residential lots shall be required to join any future improvements
districts formed for the purpose of constructing improvements in adjacent public rights-
of-way. The agreement shall be executed and recorded prior to the acceptance of the final
subdivision plat.
5. The final plat/improvements survey and subdivision agreement shall be recorded
with the Pitkin County Clerk and Recorder. If the applicant fails to record the plat
documents within a period of one hundred and eighty days following approval by the
City Council, the plat may be rendered invalid.
6
r,
.-,
6. A storm drainage plan shall be submitted to and approved by City Engineering prior
to the issuance of any building permits.
7. If any trees are to removed, a tree removal permit shall be required prior to the
issuance of any excavation or building permits. No excavation shall occur within the
dripline of trees and any construction activity occurring close to trees shall require
protective fencing to be placed around the drip line of the trees.
8. The lot owners shall be required to meet the affordable housing requirements for the
proposed single-family residence on Lot I and the proposed duplex on Lot 2 in
accordance with the standards set forth in Section 26.100.050(A)(4)(c) ofthe Code.
9. The property ownerS shall be responsible for snow removal on the sidewalk along
South A venue. The applicant shall also thin the existing aspens by 50% to allow for
more snow storage capacity
10. The frontage along Walnut Street shall be a no parking zone extending from South
A venue for a distance of 45 feet along Walnut Street. Parking shall be parallel and not
allowed within five feet of the existing fire hydrant on Walnut Street. No parking shall be
permitted in the Race Alley right-of-way or on South Avenue.
11. The proposed single-family residence on Lot I; and the proposed duplex or single-
family residence on Lot 2 shall conform to the dimensional requirements of
Section 26.28.040, Medium-Density Residential (R-6).
12. All material representations made by the applicant within the application, and at
hearings before the Planning and Zoning CoIhrnission or the City Council shall be
adhered to and considered conditions of approval unless otherwise amended.
ALTERNATIVES: Planning and Zoning Commission may approve additional conditions
or disapprove of the application for subdivision.
PROPOSED MOTION: "1 move to approve the Zupancis Subdivision with the
conditions set forth in the Community Development Memorandum of June 18, 1996."
EXHIBITS:
"A" Application for Subdivision
"B" Referral Memorandums
7
,...,
,'-',
PUBLIC NOTICE
RE: ZUPANCIS SUBDMSION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 18, 1996 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Robert
Zupancis and Silvia Davis, requesting approval to subdivide a lot with two existing dwellings so
that each has its own legal description. The property is located at 51 0 Walnut Street and 511 Race
Street, and is described as S 1/2 Lot 9, all of Lots 10, 11, 12 in Block 3, ofland situated in the NE
1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City of Aspen. For further
infonnation, contact Bob Nevins at the AspeniPitkin Community Development Department, 130 S.
Galena St., Aspen, CO (970) 920-5102.
s/Sara Garton. Cbair
Aspen Planning and Zoning Commission
Published in the Aspen Times on June 1, 1996
City of Aspen Account
YV'.~ I-ed to
,,-...
.,.-",
MEMORANDUM
To:
. uto'b Nevins, Planner
Thru:
Nick Adeh, City Engineer
From:
Ross C. Soderstrom, Project Engineer ;l'0.
Date:
May 23,1996
(Revised)
Re: Zupancis Subdivision Review
(510 Walnut Street and 511 Race Alley: S 1/2 Lot 9, and Lots 10, 11, and 12, Block 3, William's
Subdivision, City of Aspen, CO; and a parcel situated in the NE 1/4, SW 1/4, Section 7, nos, R84W,
City of Aspen, CO)
After reviewing the above referenced application, discussing the site plan and limitations with the
applicant, and making a site visit I have the following comments:
Discussion & Recommendations:
Since the original application for this subdivision was submitted, the lot line between the two (2) lots has
been changed to an east-west orientation, following the original underlying subdivision lot lines, which
facilitates redevelopment of the property in a manner more consistent with the existing utilities and
. neighborhood. As such, many of the previous physical limitations and subsequent development
restrictions are no longer applicable and the subdivision is generally more practical.
After discussing right-of-way widths, the snow storage easement, parking on Walnut Street, utility
easements, and the curb, gutter and sidewalk agreement with Robert Zupancis on May 21, 1996, I believe
he and I are of agreement on the following matters.
The revised subdivision plat will need to be re-submitted for review and acceptance by the Engineering
Dept. before recording with the County Clerk and Recorder.
1. Improvement and Subdivision Survey: The submitted improvement survey needs to be
revised and resubmitted for review and acceptance by the City Engineering Dept. before recording.
Based upon conversations with the surveyor and owner, I believe the required changes have been reduced
to technical surveying concerns and representing what has been verbally agreed upon in our discussions.
The marked-up subdivision plat shall be returned with the revised subdivision plat for review.
lOF3
ORCM7A96.00C
DRAFT
Exhibit B
.-,
--
Memo - Zupancis Subdivision Review
DRAFT
2. Subdivision Standards: The entire subdivision will need to meet the City design
standards of Sec. 26.88.040 for subdivisions.
3. Race Alley Right-of-Way: Formerly known as Race Alley, this right-of-way is legally and
functionally a platted 20 ft. wide alley lying between and parallel to Walnut Street and Spruce Street. Due
to the re-orientation of the lot lines to an east-west direction there is no apparent need for dedication of
additional right-of-way width in the alley by the property owner.
4. South Avenue Sidewalk and Snow Storage Area: After discussing the practical problem of
snow storage behind the existing sidewalk with the owners, they have expressed their preference to
remove snow rather than change the sidewalk and snow storage easement locations at this time. If future
right-of-way work is planned for South Avenue, they will again consider physical changes in these
improvements.
We accept the owners offer to thin the existing stand of aspens to open up the snow storage easement and
recommend removing at least one-half (1/2) of the existing aspen trees. The existing snow storage
easement behind the sidewalk is constructively unusable due to the aspen trees in the easement and
inefficient for storage of snow from the street due to its present position behind the sidewalk.
5. Water Service: Jay Hammond's March 13, 1996 engineering report factually represents
the status of water service to the property. The following conditions related to water service are required:
· Yard Hydrant: Prior to recordation of the final plat, provide evidence that the existing yard
hydrant has been traced to its source and properly abandoned.
· Demolition of Existing Structure: At the time of issuance of a demolition permit for the existing
structure on the property (lot I), the applicant will either set up a new yard hydrant on the existing
domestic water service line to the structure along with establishment of a construction account, or
abandon all existing water service lines fronting the property.
· Water Service to Existing Structure: Water service lines for both Lots I and 2 will be brought
into compliance with current water service line standards of the Aspen Water Department for a
separate single family residence (i.e., single tap, single service line, single curb box, single meter, all
of consistent line size), or duplex development, as appropriate, on each lot.
.
I
6. Parking: The Walnut Street frontage shall have a no parking zone extending from South
Avenue and continuing for a distance of forty-five (45) feet along Walnut Street; no parking within five
20F3
DRCM7A96.DOC
DRAFT
Memo M Zupancis Subdivision Review ,r",
--
DRAFT
(5) feet of the existing fire hydrant, and only parallel parking on the Walnut Street frontage. No parking
shall be permitted in the Race Alley right-of-way nor on South Avenue between Walnut Street and Race
Alley.
7. Improvement Districts: The property owner shall be required to agree to join any future
improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-
way. The condition shall be included in the subdivision agreement and shown on the final subdivision
plat.
8. Utility Service and Community Impact Study: The general utility service arrangements
presented in the letter from the applicant's engineer are acceptable as stated therein except where
superseded by specific requirements of the Engineering Dept. in this review and other reviewing
departments and agencies.
9. Building Encroachment: The encroachment of the existing main house across the proposed
lot line between Lots I and 2 shall be fully described by bearing and distance and a condition shall be
placed in the subdivision agreement and on the subdivision plat that when either lot is sold to a new
owner, or a demolition or building permit is requested for either lot, that the portion of the existing house
on Lot I which encroaches into Lot 2 shall be removed. Partial demolition of the encroaching portion of
the Lot I house from Lot 2 would meet this condition.
10. Curb, Gutter and Sidewalk Agreement: A note explaining the condition of approval for an
appropriate curb, gutter and sidewalk agreement shall be placed in the subdivision agreement and on the
final subdivision plat. The future property owner will be responsible for the construction or commitment
to construct the curb, gutter and sidewalk along his respective Walnut Street frontage whenever he takes
out a construction permit for his lot.
30F3
DRCM7A96.DOC
DRAFT
. ~ .-..-"..-......., .~._.-~..~-"~~,.~._'''~''"~,.~,.."...~,. . . "~ '
,1""'\
.-,
PUBLIC NOTICE
RE: ZUPANCIS SUBDMSION \Jvl'le-lf~
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 7, 1996 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Robert
Zupancis and Silvia Davis, requesting approval to subdivide a lot with two existing dwellings so
that each has its own legal description. The property is located at 510 Walnut Street and 511 Race
Street, and is described as S 1/2 Lot 9, all of Lots 10, 11, 12 in Block 3, ofland situated in the NE
1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City of Aspen. For further
information, contact Bob Nevins at the AspenlPitkin Community Development Department, 130 S.
Galena St., Aspen, CO (970) 920-5102.
s1Sara Garton. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on ~~ !A",:; IB, jq-q Ip
City of Aspen Account
.
IY\CU leo;.o\01""
~/i/pI% tt-l+
I"'.
.-,
m.B.
MEMORANDUM
TO:
THRU:
FROM:
Bob Nevins, City Planner
RE:
Zupancis Subdivision, William's Addition, City of Aspen, Colorado
Parcel ill No. 2737-073-00-026
DATE:
May 7, 1996
SUMMARY: The applicant is requesting approval to subdivide an existing 16,746 sf
parcel into two residential lots. The subdivision proposes to create one 7,500 sf single-
family lot and one 9,246 sf duplex lot. Currently, there are two single-family residences
located on the property, one at 510 Walnut Street and the other at 511 Race Street (a
platted alley); and described as S1/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, of/and
situated in the NE 1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado.
ZONING: Medium-Density Residential (R-6)
APPLICANT: Robert Zupancis and Silvia Davis
BACKGROUND: The property is located north of South Avenue between Walnut Street
and the alley commonly referred to as Race Street in the Smuggler neighborhood.
Two single-family residences currently occupy the site. The house facing Walnut Street
is 2,780 sf and contains five bedrooms. The wooden fence in front of the house
encroaches into the Walnut Street right-of-way. The three bedroom residence along Race
Street totals 1,373 sf. and does not meet the dimensional requirements for rear and side
yard setbacks established within the R-6 zone district.
The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a
7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed
residential lots have an east/west orientation which is consistent with the original platting
of the William's Addition.
Upon subdivision approval, the applicant is proposing to demolish the house at 510
Walnut Street and construct a new duplex on Lot 2. The residence at 511 Race Street
shall remain in its current location as long as the applicant continues to own both lots. At
such time Lot 1 is sold, the existing home will be demolished and a single-family
residence will be reconstructed in accordance with the R-6 zone requirements.
1
,~
.-,
REVIEW PROCESS: The subdivision process is a Two-step commission and council
review as delineated in Section 26.52.060(A)(5)(b), Review of a development application
by decision-making bodies, of the Municipal Code:
Step 1 is a public hearing before Planning and Zoning Commission to determine if the
development application meets the requirements of Section 26.88.040, Subdivision
approval. The Commission shall recommend approval, approval with conditions or
disapproval of the proposal and the recommendation is forwarded to City Council;
Step 2 is a hearing by the City Council at which time the subdivision application may
be granted approval, approval with conditions or disapproval of the subdivision plat.
REFERRAL COMMENTS: The following departments have reviewed the subdivision
application and their comments (see Exhibit B) are summarized below:
ENGINEERING:
a) Plat and survey requirements: Subdivision plat and survey shall comply with
Colorado state statute.
b) Subdivision standards: City design standards for subdivision, Section 26.88.040,
shall be met for the entire development.
c) Alley right-oj-way: Race Street is legally and functionally a platted alley with a
twenty foot right-of-way. It will remain an alley unless the adjacent property
owners grant the minimum forty foot street right-of-way dedications to the City.
To ensure adequate vehicular circulation, the alley may not be used for snow storage by
the adjacent property owners.
d) Sidewalk: To improve winter snow storage and pedestrian access along South
A venue, it is requested that the property owner abandon the existing snow storage
easement and convey to the City a six and one-half foot wide parcel, parallel and
immediately adjacent to the existing back of sidewalk, in the present location of the
snow storage easement plus an additional one and one-half foot width prior to
subdivision approval.
e) Water service: The existing water service line may be used if the City Water
Department determines the water line to be in good repair and serviceable at the time
of the building application. If it is not acceptable, a new service line shall be
required. Additionally, if more than six months pass between the issuance of a
demolition permit and the issuance a building permit for a new residence, the existing
water line shall be abandoned and removed from the property in accordance with the
the City Water Department requirements.
f) StreetJrontages: The frontages along Walnut Street and South Avenue shall be no
parking zones. The existing wooden fence which encroaches into the Walnut Street
right-of-way shall be relocated or removed prior to the acceptance of the final plat.
g) Sanitary sewer easement: Configuration of the sanitary sewer services shall be
resolved and verified in writing prior to approval of the final plat by City Engineering.
2
if""".
--
h) Improvement districts: Property owners shall be required to join any future
improvement districts formed for the purpose of constructing improvements in the
adjacent public rights-of-way. The agreement shall be executed and recorded prior to
the acceptance of the final subdivision plat.
i) Utility service and community impacts: General utility service arrangements are
acceptable except where superseded by specific requirements of the Engineering
Department and other reviewing departments or agencies.
j) Mutual encroachments: The mutual encroachments of the existing residences across
the proposed lot line between Lot 1 and Lot 2 shall be fully described by bearing and
distance. The covenant regarding demolition of the existing residence at 510 Walnut
Street shall appear on the final subdivision plat as note referencing the previously
recorded separate subdivision covenants.
HOUSING:
Pursuant to Section 26.100.050, several types of development are eligible for exemption
from the residential growth management competition. In order to qualify for a single-
family and/or duplex exemption, the property owner shall meet the following standards:
A. Single-family exemption for Lot I
I. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family dwelling unit
being constructed.
B. Duplex exemption for Lot 2
I. provide one free"market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1500)
square feet;
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum floor area of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. pay the applicable affordable housing impact fee.
PARKS:
a) The existing fence along Walnut Street encroaches into the public right-of-way. As a
condition of approval, the applicant shall move the fence to their property line or they
shall apply for an encroachment permit separate from this subdivision application.
Should the encroachment permit be denied, the applicant shall be required to relocate
or demolish the fence.
b) The property owners shall be responsible for snow removal on the public sidewalk
along South Avenue pursuant to Section 21.32.010 - 21.32.050 of the Municipal Code.
c) A permit for the removal of any trees shall be applied for prior to the issuance of a
building permit. Excavation shall not occur within the dripline of the trees. If any
construction activity is to occur near existing trees, protective fencing shall be placed
around the dripline of those trees
3
.,......,
.-,
STAFF COMMENTS: This development proposal is being evaluated in relationship to
the standards and requirements set forth in Chapter 26.88, Subdivision, of the Municipal
Code due to the following considerations:
a) Pursuant to Section 26.88.040, Subdivision approval, a development order for
subdivision shall be considered for approval if the applicant has been awarded a
development allotment or has obtained a GMQS exemption in accordance with
Section 26.100.050, Exemptions; and
b) Pursuant to Section 26.88.040(A)(5), Aspen Townsite lots, if two or more lots within
the original Aspen Townsite or additions thereto have continuous frontage and are
in single ownership (including husband and wife) on October 27, 1975, the lots shall
be considered an undivided lot for the purposes of this title, and conveyance of any
portion shall constitute subdivision.
SUBDMSION: The proposed subdivision meets the general requirements set forth in
Section 26.88.040(C)(1-5), Reviewstandards for subdivision approval. The Community
Development Staff finds the subdivision proposal to be in conformance with the
following standards and requirements as summarized below:
I. General requirements:
a. The proposed subdivision is consistent with the development and housing goals
adopted within the Aspen Area Comprehensive Plan;
b. The proposed subdivision is consistent with the character of existing Medium-
Density Residential (R-6) zone district and the other residential land uses in the
Smuggler neighborhood;
c. The proposed subdivision is consistent with the existing and adjacent residential
development. A single-family residence is proposed for Lot I and a duplex is
proposed on Lot 2 which should not adversely affect the future development of
surrounding areas; and
d. The proposed subdivision shall comply with all conditions of approval before
recordation of development documents or prior to the issuance of building permits,
whichever is applicable.
2. Suitability of land for subdivision:
a. The land is suitable for development as the site is not subject to natural hazards
such as flooding, mudflows, avalanches or snowslides, steep topography or other
conditions that are harmful to the health, safety or welfare of the residents. The
property is located within the Smuggler Superfund site. There is a small area along
the southern frontage with soil lead contamination levels requiring mitigation if
it is disturbed. A redevelopment proposal that avoids the contaminated soils would
not require any special action. However, mitigation of the contaminated zone
would permit the issuance of a certificate to the property owner indicating that the
site was "clean". Mitigation may be as simple as adding a soil cap to the
contaminated areas without disturbing the contaminated soil underneath. Properties
4
~
--
within the Superfund site require an additional permit associated with the
building permit process.
b. The spatial pattern of the proposed subdivision is efficient and does not create
duplication, premature extension of public facilities or unnecessary public costs.
3. Improvements.
a. Required improvements. The required improvements (1-16) for the proposed
subdivision are currently in existence.
b. Approved plans. The applicant shall not commence construction on any relocation
of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until
a plan, profile, and specifications have been received and approved by the City
Engineer and, when appropriate, the relevant utility company.
c. Oversized utilities. Not applicable.
4. Design standards.
a. Streets and related improvements. The required street standards (1-24) for the
proposed subdivision are currently in existence.
b. Easements. All utility easements shall meet City standards. Any relocation of
utility easements shall require submission to and approval by the City Engineer.
c. Lots and blocks. The proposed subdivision meets the applicable regnlations.
d. Survey monuments. All of the survey requirements shall be in compliance with the
applicable regulations and statutes.
e. Utilities. All of the required utility standards (1-7) have been met.
f. Storm drainage. The proposed subdivision shall meet the requirements (1-4) set
forth in the storm drainage standards.
g. Flood hazard areas. Not applicable.
5. Affordable housing.
A subdivision which is comprised of replacement dwelling units shall be required to
provide affordable housing. Since this application for subdivision is being reviewed in
accordance with Section 26.100.050(A)(5), GMQS exemptions, certain requirements
need to be met. In order to qualify for a single-family and/or duplex exemption, the
applicant (property owner) shall meet the following standards:
A. Single-family exemption for Lot I
I. provide an accessory dwelling unit;
2. pay the applicable affordable housing impact fee; or
3. record a resident-occupancy deed restriction on the single-family unit being built.
B. Duplex exemption for Lot 2
1. provide one free-market dwelling unit and one deed-restricted, resident-occupied
dwelling unit with a minimum floor area of one thousand five hundred (1,500)
square feet;
2. provide two free-market dwelling units and one accessory dwelling unit with a
minimum of six hundred (600) square feet;
3. provide two deed-restricted, resident-occupied dwelling units; or
4. pay the applicable affordable housing impact fee.
5
.~..
~\
STAFF RECOMMENDATION: The Community Development Staff recommends
approval of the Zupancis Subdivision within the Medium-Density Residential (R-6) zone
district as presented in the application text and plat map with the following conditions:
I. The final improvement/subdivision survey plat shall be prepared in accordance with
the standards of 38-51 C.R.S., as amended, and submitted to the City Engineering
Department for review and approval.
2. The area within the Superfund site shall delineated on the final subdivision plat with
notation detailing any special considerations and mitigation measures that apply.
3. The mutual encroachments ofthe existing residences across the proposed lot line
between Lots I and 2 shall be fully described by bearing and distance and the
covenant regarding the demolition of the existing house at 510 Walnut Street shall
appear on the subdivision plat as a note referencing the previously recorded separate
subdivision covenants.
4. The actual configuration of the sanitary sewer services shall be resolved and verified
by City Engineering prior to the approval of the final plat.
5. The owners of the residential lots shall be required to join any future improvements
districts formed for the purpose of constructing improvements in adjacent public
rights-of-way. The agreement shall be executed and recorded prior to the acceptance
of the final subdivision plat.
6. The final plat/improvements survey and subdivision agreement shall be recorded with
the Pitkin County Clerk and Recorder. If the applicant fails to record the plat
documents within a period of one hundred and eighty days following approval by the
City Council, the plat may be rendered invalid.
7. A storm drainage plan shall be submitted to and approved by City Engineering prior
to
the issuance of any building permits.
8. If any trees are to removed, a tree removal permit shall be required prior to the
issuance of any excavation or building permits.
9. The lot owners shall be required to meet the affordable housing requirements for
the proposed single-family residence on Lot I and the proposed duplex on Lot 2 in
accordance with the standards set forth in Section 26.100.050(A)(4)(c) of the Code.
10. The property owners shall be responsible for snow removal on the sidewalk along
South Avenue.
6
."*'.
.-,
11. The frontages along Walnut Street and South Avenue shall be no parking zones.
12. The proposed single-family residences on Lots 1 and 2 shall conform to the
dimensional requirements of Section 26.28.040, Medium-Density Residential (R-6).
13. All material representations made by the applicant within the application, and at
hearings before the Planning and Zoning Commission or the City Council shall be
adhered to and considered conditions of approval unless otherwise amended.
ALTERNATIVES: Planning and Zoning Commission may approve additional conditions
or disapprove of the application for subdivision.
PROPOSED MOTION: "I move to approve the Zupancis Subdivision with the
conditions delineated in the Community Development Memorandum of May 7, 1996."
EXHIBITS:
"A" - Application for Subdivision
"B" - Referral Memorandums
7
~.
ENGINEERS
SURVEYORS
.1"'"'\
"
(970) 925-6727
FAX (970) 925-4157
SG
M
SCHMUESER
GORDON MEYER
P.o. Box 2155
Aspen, CO 81612
May 2. 1996
Mr. Robert Zupancis
Ms. Silvia Davis
P.O. Box 11481
Aspen, CO. 81611
RE: Zupan cis Subdivision. Revised Enoineerino. Report
Dear Robert and Silvia:
This letter comprises a revised Engineering.Report for the proposed subdivision application for
a property owned by Robert Zupancis in the Williams Addition to Aspen, Colorado. The property
currently includes two residential dwelling units addressed as 510 Walnut Street and 511 Race
Street. The property that is the subject of this application includes the southerly 1Az of Lot 9 and
all of Lots 10, 11 and 12 of Block 3 of the Williams Addition to the City and Townsite of Aspen
as well as a metes and bounds parcel adjacent to South Avenue. The lot split proposal will now
create two parcels along a generally east west boundary (revised from the previously proposed
north-south division) within the existing property. The lot split will generally place the two existing
residences on the northerly parcel although the west residence will encroach up to 20 feet into
the southerly parcel. The northerly parcel comprises 7,500 square feet and is now to be Lot 1
and the southerly parcel, at 9,246 square feet, is Lot 2. I had previously spoken with
representatives of all the primary utilities and inspected the site with regard to the availability of
all secondary utilities. I would offer the following updated comments based on the revised lot
configuration;
1. Water Phil Overeynder, the Director of the City of Aspen Water Department, indicates
that water service to the existing homes, as well as any future redevelopment of the newly
. created lots, is available from the existing 8 inch diameter ductile iron water mains in
South Avenue, Race Street ora recently constructed main extension in Walnut Street. No
special physical constraints exist with regard to providing service to potential
redeveldpment of the newly created lots and the City has sufficient capacity to serve new
homes on either parcel. Service to new homes would be provided subject to submission
of an in-town tap application once the new homes were designed (so. service
requirements can be determined). Given the ages of the existing structures, it is unlikely
that there would be any credit associated with previous tap fees paid for the existing
services. New homes on the two lots would therefore be subject to full tap fees as well
as new service construction for City water service.
Phil also notes that the newly Constructed water main extension in Walnut Street is
subject to a rebate requirement for the costs incurred by the owner of 515 Walnut for its
construction. New taps to this main would require payment of a proportionate share of
the approximately $18.000 cost of construction in addition to normal tap fees and
connection charges. Reconfiguration of the internal parcel boundary to east-west
Addendum to Application
May 2,1996
118 West 6th, Suite 200. Glenwood Springs, Colorado. (970) 945-1004
,.,.,..."
,,-.....
.~
f .
May 2, 1996
. Mr. Robert Zupan cis
Ms. Silvia Davis
Page 2
changes the options with respect to water service somewhat. Lot 1 now created by this
subdivision application has the option of connection to the new Walnut Street main or to
the existing line in Race Street. Distances and costs are likely comparable such that
connection to the Race Street line is probably preferable to avoid the additional expense
of reimbursing the cost of the Walnut Street main construction.
Redevelopment of Lot 2 would now have the option of tapping any of the three mains
although, again the Race Street main avoids the expense of reimbursing the construction
of the Walnut Street line as well as the additional expense for landscaping, pavement and
concrete repair for connection to the South Avenue main. Phil Overeynder did not, at this
time, express any preference on the part of the City Water Department regarding which
main would need to be tapped.
Phil also noted the presence of the yard hydrant on the north end of the Walnut Street
frontage of the property that may be tapped to an old 1 Y2 inch diameter galvanized line.
A building permit for the redevelopment of the north lot (Lot 1) would likely require a
service agreement and meter for the yard hydrant or abandonment of the hydrant at the
main.
There is an existing fire hydrant on the southeast corner of the South Avenue and Gibson
Avenue intersection immediately across the street from Lot 2. The hydrant is located
within less than 100 feet of proposed Lot 2. There is also a fire hydrant at the end of the
new main in Walnut Street within 50 feet of Lot 1.
2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated Sanitation
District (ACSD), indicates that sewer service is available to the property from a recently
completed 8 inch diameter collection line within the Walnut Street corridor or from the
existing 8 inch diameter main collector in South Avenue (for Lot 2). No constraints exist
and the ACSD has sufficient capacity to serve new homes on the newly created parcels.
Once again, tap fee credits are likely not available and service to new structures on either
lot would. require payment of normal tap fees and connection charges.
Tom noted that the two existing residences are currently served by a combined service
line. He indicated that the ACSD would require a shared service agreement be filed for
the shared line. To the extent that Lot 2 may be sold before the existing residences on
Lot 1 are abated, an easement for the existing service line across Lot 2 would be
required. Future redevelopment of both lots should anticipate routing independent
services to each home.
3. Electric I spoke with Mr. Jeff Franke of Holy Cross Electric Association, Inc., the rural
cooperative that serves the area around this site. Jeff indicates that electric service
capacity is available to serve new development on the lots created by the Zupancis
Subdivision from existing overhead electric facilities within the Race Street corridor to the
SCHMUESER GORDON MEYER, INC.
t~"
.,~"->
;-',
May 2, 1996
Mr. Robert Zupancis
Ms. Silvia Davis
Page 3
east. New construction on either lot would require construction of an underground
service connection to the existing overhead primary system. No primary system upgrades
would be required to provide service to the new homesites.
4. Miscellaneous Utilities Gas, telephone and cable 1V are all evident and available from
adjacent rights-of-way. A phone pedestal exists near the intersection of Walnut Street and
South Avenue just south of the property. Cable 1V is also in place on the overhead
system paralleling the electric lines. Service to either parcel of the Zupancis lot split
would be available subject to normal service construction and connection charges.
5. Access Access into the new lots is available from Walnut Street to the west or Race
Street to the east. Both of the newly created parcels will front on existing rights-of-way
and will access from existing streets. Walnut Street is currently a dirt street with minimal
improvements, Race Street is a chip-seal street. Redevelopment of the existing site with
two new residences would likely have minimal impact on adjacent traffic in that there are
two existing homes on the site at this time generating traffic onto the adjacent streets.
There is currently sidewalk, curb and gutter along the South Avenue frontage to the south
of proposed Lot 2 accommodating the significant flow of drainage and pedestrian traffic
from the Smuggler Mobile Home Park and Centennial Housing past the property.
6. Drainaae Replacement of the two existing residential structures on the 510 Walnut and
511 Race Street site will result in minimal additional drainage impacts to the surrounding
area. Site design for new homes should incorporate on-site drainage features including,
possibly, drywells to maintain historic conditions with regard to runoff from the site. This
project will not create additional impacts to the City of Aspen's storm drainage system nor
will it require improvements or expansion of the system. The Zupancis property is not
located in an area requiring accommodation of a neighborhood drainage plan.
7. Land Suitabilitv/1041 The Zupancis Subdivision property is not effected by potential
flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or condition that would render it unsuitable for
development from a 1 041 hazard standpoint. The property is located within the Smuggler
Superfund site and indicates a small area along the south frontage with soil lead
contamination levels requiring mitigation under the Institutional Controls administered by
the Aspen/Pitkin Environmental Health Department. Redevelopment of the property with
a structure in the contaminated area within Lot 2 would require removal of the
contaminated soils to the repository designated to receive such material, currently located
at the Pitkin County landfill. A redevelopment design which avoids contaminated soils
would not require any special action but mitigation of the contaminated zone would
PEilrmit the issuance of a certificate to the property owner that the site was .clean".
Mitigation can be as simple as the addition of a soil cap to contaminated areas without
SCHMUESER GORDON MEYER. INC.
.. ;-.0,.
0.
May 2, 1996
Mr. Robert Zupancis
Ms. Silvia Davis
Page 4
disturbing the contaminated soil underneath. Aspen/Pitkin Environmental Health
Department Director Tom Dunlop also indicates that there is some additional paperwork
associated with the building permitting process for properties located within the
Superfund site.
8. Spatial Pattern The Zupancis Subdivision, due to its location between established
streets and utility corridors, fits well into the neighborhood and will not require the
premature extension or duplication of area utility mains.
I hope these updated comments will be adequate for submission of the Zupancis Subdivision/Lot
Split application. Feel free to contact me if I may provide any further comment or detail.
Very Truly Yours,
SCHMUESER GORDON MEYER INC.
rN(jj-.
---<)
Jay . Hammond, P.E.
Principal, Aspen Office
JH/jh 96029ER%.
SCHMUESER GORDON MEYER, INC.
,~
..-.
~
.-...
ZUPANC/S
111.,/,IIt",1 I-
If:" !J" ~~':W -- :10 --"!IHU'
se~U."'.m'
1I~." nr nt~_! rflU'lll_~"" AS "_lll!llf~1I
o otNOfU 'OUllCt tIG , nt~" II ".111, eM' t, tlll4
. Il(II0lU sn ~ , Rf:"''' II 1'1.'''. eN' ".., 2"'~3
OIl(IIO'UCO'I'fI':Ilffl)'iItl
r;'tlf/l.nu 'IIt:r.~HU"'14ll
HO" ~~\'t': 1:;}.!tj~'::r,sr.~tr 1~7",!l~ 'rUn':i:r J~r.llir'~' ,'::.:"":;O:f"'.l'
MtIS ...n: ~ gl"'?~
I
/
(1-".. (.
'-'0\ I
II
Ii
h-I'
~(,
e: ~
V)
S.8~.ZO'UO'L
12
~ ;,1 ':('
--.;.I..H.;'
S //2 LOT 9
,.~
ONE $TC/cY FIIAMe Hr:U$C
.~
,/
\
\
\
\
\
\
\
"\
,J
....,'
,0 .~ .
\~. ';:;',\
..-,'
,
,
:, \
~ --::'1
i
LOT 10
3"'''.Lr~'n
'flIMe NlJI'$C
..
.
~
.-
lOT /I
~--- --
~
"'"
LOT
......,...,'..
/2
~
~
i
~1(9,2..46.sf..
;.:"
. :.: ~I
Dupl~ lot
>
~
~
d
"
;.,
~
~
h-
:::J
<:
--J
~
,';,
,;
b
o
!1
"'--
12iS.Uo'
"'--
N.89-Z0'OO.W.
o
o
"'.
<
; '-........:.
, ~
~""Ut "f'1't".,A/ft;".~T"rtr :r>n:""~" "U,rMIl ",'
."
"
'.
"
'"
'-....
.......
:~
.
~
'.,
'.
"
........
--
--
tASE"tNr- 43.64.V
S83."~'''' \"-'
1._$8.12' ~..,:.'~t~t ""X
~r 'm_'~. -J. _' _.'", ___---1
"'ffP~ ." ,.",,'" ~~., ~',jf __
~-:IW'~':"---= --
~---. ~VENUE
(R.O.W VARIES! .
'~--
\....;_STGR,.;C
I!!!L 1t-?,4S.0'
I~
1------.,
I /..,
1:.....JD'~!:..._'2.'~-
,------:......--
/
i
.I
/
.
SOUTH
-,
i
Y"''''~"
I
1'.---
"
I
I
..j.
.1
,,:.
-'r
/
I:
"
L-;
,f
NO SIZE & 1'Pt: Nt' sIn ~ HI't:
IJ"t..~"~ IC ""I_r
1f:".'Nr IO"AJI'f.'I1
,~"-
" ,~" J.over
",,"_r
,~ II. AJI'r'l1
" r"AJPf"
" ~"""'1A11
I." ,,"JMU<<
.. ,.~
.."::',,~
''-JPlNlCt
r.~. AI"''''
, "",,._1
. ."AI","
.
.~-=."~=.=.:==::===
-,......---....------..
..._~---_.._----
CARMICHAE1,. aURYCYIN8. INC.
1':0. lOX I'll?
Wf,R8OtlOALE. eol.DI'tADD IUeU
1~.~II3-D75n
.
.
.
.
-r:--e-.
SUBD/V/S/Of
~-
VICINITY MAP
3
h-
~
2:
v),
~
d
'"
~
It.J~
.(,)
';:t
Q:
\.
b
.
~
.
.
g
~
o
o
.;
\
"~
.~
PROPOSED SUBDIVISION PLAT
.-,
-
MEMORANDUM
To: Bob Nevins, Planner
Nick Adeh, City Engine~
Ross C. Soderstrom, Project Engineer ~
Date: April 25, 1996
Thru:
From:
Re: Zupancis Subdivision Review
(510 Walnut Street and 511 Race Alley: S 1/2 Lot 9, and Lots 10, 11, and 12, Block 3, William's
Subdivision, City of Aspen, CO; and a parcel situated in the NE 1/4, SW 1/4, Section 7, nos, R84W,
City of Aspen, CO)
After reviewing the above referenced application and making a site visit I have the following comments:
Discussion & Recommendations:
As submitted the application plat is incomplete and needs to be re-submitted for review. Therefore it is
recommended that the P&Z hearing be postponed by at least one (I) meeting date.
1. Improvement and Subdivision Survey: The submitted improvement survey needs to have
the following items corrected or shown prior to acceptance of the final subdivision plat:
A. Complete an improvement survey plat overlaid with the proposed subdivision plat both
meeting the standards of 38-51 C.R.S., as amended. The "subdivision plat" submitted provided to the
Engineering Dept. in the application does not qualify as a plat nor survey under any Colorado state statute
concerning subdivisions nor survey plats. Therefore, final comment by the Engineering Dept. will be
reserved pending review of a properly executed survey. The survey information presented is incomplete
to verify potential conflicts or impacts not readily evident in the information provided.
The improvement/subdivision survey plat must be properly titled as such; signed in the Surveyor's
certificate which evidences supervision of the survey and compliance with Title 38, Article 51, CRS,
1973; and stamped by a surveyor currently licensed in Colorado. The plat shall include the title insurance
certificate number, date of issuance and name of the issuing title company. The title insurance certificate
must have been issued within one (I) month prior to the date of the improvement survey plat.
IOF4
DRCM7a96.DOC
.-,
,-.
Memo - Zupancis Subdivision Review
B. Show both recorded and measured bearings and distances for the property boundaries.
Provide complete curve information for the curved portion of the property boundary along the South
Avenue frontage.
C. Provide full identifYing information for the establishment of the basis of bearings. Also
provide the bearing and distance of the tie from the nearer basis of bearings monument to the propel1y
boundary. Use two (2) City monuments within the same city block, two (2) recorded subdivision
monuments, other recorded monuments, or a solar observation to establish the basis of bearings.
D. Provide a symbol legend which clearly and uniquely identifies each type of utility box,
pedestal and service vault, and each fence type. Arrowed notes or distinctive symbols are acceptable.
Existing water service valve box( es) serving the property need to be shown.
E. Provide the closure information of the existing and proposed exterior subdivision property
lines. Provide the closure information of the proposed individual lots within the subdivision.
F. Provide a note explaining why the easements referenced in the "plat" notes may not be
graphically shown on the subdivision plat. This may be in a letter from the surveyor although a more
complete description will be required on the fmal plat.
G. A explanatory note and delineating line or crosshatching shall be shown on the plat to identifY
the portion(s) of the proposed lots which lie within the Smuggler Superfund Site.
H. The Walnut Street right-of-way is not 75 ft. in width. Provide correct width.
2. Subdivision Standards: The entire subdivision will need to meet the City design
standards of Sec. 26.88.040 for subdivisions.
3. Race Alley Right-of-Way: Formerly known as Race Alley, this right-of-way is legally and
functionally a platted 20 ft. wide alley lying between and parallel to Walnut Street and Spruce Street. As
such, it will remain as an alley unless the adjacent property owners will grant the required right-of-way
dedications to the City to constitute a minimum 46 ft wide street right-of-way. A thirteen foot (13 ft)
right-of-way dedication would make the proposed lots too narrow to subdivide in the proposed north-
south orientation.) This is of particular concern because of the pending application of the property owner
immediately east of Race Alley for the Smuggler Affordable Housing Development which will generate
significant vehicular traffic in the alley and on South Avenue.
The use of this alleyirlust be coordinated between these two (2) developments to ensure sufficient
vehicular circulation, snow removal and snow storage areas for the two (2) proposed projects in addition
to the existing residences further north on the alley. The alley may not be used for snow storage by the
adjacent private land owners.
20F4
DRCM7a96.DOC
.-,
.~.
Memo ~ Zupancis Subdivision Review
4. Sidewalk Area: To improve the winter snow storage and pedestrian access along the South
Avenue frontage, it is requested that the property owner abandon the existing snow storage easement and
convey to the City a six and one-half foot (6.5 ft.) wide parcel, parallel and immediately adjacent to the
existing back of sidewalk, in the present location of the snow storage easement (plus an additional one
and one-half foot (1.5 ft) in width) prior to subdivision approval. The existing snow storage easement
behind the sidewalk is constructively unusable due to the aspen trees in the easement and inefficient for
storage of snow from the street due to its present position behind the sidewalk. The sidewalk may then be
removed and relocated to a position behind the snow storage and planting median.
During the pre-application meeting with the Engineering Dept. the applicant agreed to the condition that
the existing aspen trees in the snow storage easement be removed to improve the use of the snow storage
easement.
5. Water Service: Jay Hammond's March 13 engineering report factually represents the
status of water service to the property. The following conditions related to water service are
recommended:
A. YaId Hydrant
Prior to recordation of the final plat, provide evidence that the existing yard hydrant has been traced to it's
source and properly abandoned.
B. Demolition of Existing Structure
At the time of issuance of a demolition permit for the existing structure on the property, the applicant will
either set up a new yard hydrant on the existing domestic water service line to the structure along with
establishment of a construction account, or abandon all existing water service lines fronting the property.
C. Water Service to Existing Structure
Both Lots I and 2 will be brought into compliance with current service line standards of the Aspen Water
Department for a separate single family residence (i.e., single tap, single service line, single curb box,
single meter, all of consistent line size) on each lot.
6. Walnut Street Frontage: The Walnut Street frontage shall be a no parking zone extending
from South Avenue and continuing along the entire length of the proposed Lot I west property line. The
existing wooden fence which encroaches into the Walnut Street right-of-way shall be removed prior to
acceptance of the subdivision final plat.
7. Sanitary Sewer Easement: Prior to approval of the final plat, the future configuration of the
sanitary sewer services will be resolved and verified in writing such that there is either: I) a direct path
3 OF 4
DRCM7a96.DOC
.'
.-,
.-,
Memo - Zupancis Subdivision Review
providing sufficient cover and fall from each proposed building envelope to the sanitary sewer main at the
tap location, or 2) that easements are defined and granted on the subdivision plat in locations that ensme
sanitary sewer service to each parcel without encroaching into the permissible building envelope of the
other lot and ensming sufficient cover and fall to the respective sanitary sewer main(s).
8. Improvement Districts: The property owner shall be required to agree to join any futme
improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-
way. The agreement shall be executed and recorded prior to acceptance of the proposed subdivision plat.
9. Utility Service and Community Impact Study: The general utility service arrangements
presented in the letter from the applicant's engineer are acceptable as stated therein except where
superseded by specific requirements of the Engineering Dept. in this review and other reviewing
departments and agencies.
10. Mutual Encroachments: The mutual encroachments of the existing buildings across the
proposed lot line between Lots I and 2 shall be fully described by bearing and distance and the covenant
regarding demolition of the existing northeasterly single story frame house shall appear on the
subdivision plat as a note referencing the previously recorded separate subdivision covenants.
11. Single Vehicle Access Per Parcel: In consideration of the request to re-subdivide the existing
lots perpendicular to the original subdivision lot line and due to the geometry of the existing South
Avenue/Gibson Avenue intersection, and the proximity of Walnut Street and Race Alley onto South
A venue, no access will be permitted from either proposed lot directly onto South A venue. However each
lot may have a single driveway cmb-cut or vehicle access way (from the alley) of not more than eighteen
ft (18 ft.) in width, (measmed parallel to the right-of-way line at the cmb-cut), giving access to either
Walnut Street or Race Alley, as appropriate.
40F4
DRCM7a96.DOC
APR 24 '96 10: 11AM
P.l
,-,
,-,
MEMORANDUM
TO:
FROM:
Sob Nevins, Community Development Dept.
Cindy Christensen,Housing Office
DATE:
RE:
April 24, 1996
Zupancis Subdivision
Parcel 10 No. 2737..()73-o0..o26
ISSUE: The applicant plans to demolish the dwelling that exists, primarily on Lot 1, to construct
a new slngle.famlly residence for themselves, and maintain the residence on Lot 2, which would
sllghllY encroach upon Lot 1. Should the lot be sold, the applicant is recommending that Ihe
residence on Lot 2 would then have to be demolished. Each dweDing unitexiats on the same
legal description, therefore, the applicant is requesting to subdivide the lot to provide each
dweRlng unit with its own legal description.
BACKGROUND: There are already two dwellings on the subject property., ihe unit at 510
Walnut Street contains 2,780 square feet and contains five bedrooms; the unil at 511 Race
Street is 1,373 square feet and contains three bedrooms.
According to Section 26.100.050. several types of development are eligible for exemption from
the rellidential growth management competition. Thill application could be exempt as it applies
to A.2.c., Whlc:hstates: '
Detachell single-familY or dup/elC dWelling UIlit, TIHl con81rucllrm of one or two de!8cheClrNldentlal
U1lita or a ~ dwelling on a lor Ulst _ IlUbtJlllirltll or woa/egally described parcel prior to
November 14, 1977, IIlIlt complies with the pruv;1lIons of SedIon 26.88.040(.4)(6) or the
rep/aaement /lifer demolition Of onll or two lIetachell msidenIlIIl "1liIs. or a duplex dwelling, or the
remoriel or IIltp11nslml of" llingle family dwelling into " duplex dWellIng. T/"h IIKemplion a/l,," not
be app/Iefllo ;my lot fOr wfIIDIl ""y othllr lIevelopment /J/Iotment is 0_1IY beingsolJ!1ht or is
"pproved, Thi8 II.IIlImptIon shall only spply If tile foHoWfllg sJamJarrls are met.
(1) SingIe.fsmiiy. In Older to QIIll/lfy for a singte-fIImi1y exemption, thlilapp1jr:an! sIlsR llllve
th1llle opIione:
(a) provirllng an 11001II/8O/)' dW&1Ifng "nit;
(b) paYlflg the applicable IIfforrlable hlMIng impact file; or
(c) IeOOJt/ing a l88ident-ollmIpem:y deed relll1lDtlt>n 011 thll single-family dwelling unit
btNng C{)f/$IIWttxi.
RECOMMENDATION: If the reque8t is approved, the applicant must do one of the three options
stated above.
Exhibit 8
.~
Memorandum
TO: Bob Nevins, Community Development
FROM: Rebecca Baker, Parks Department
DATE: April 22, 1996
RE: Zupancis Subdivision
cc: Ross Soderstrom, Engineering Department
We have reviewed the Zupancis application for subdivision approval and have the
following concerns. The existing fence that parallels Walnut Street encroaches
significantly into the existing right-of-way. As a condition of approval the fence should
be moved to the property line or an encroachment permit must be applied for, separate
from this development application. If the encroachment is not granted then the applicant
will be required to move the fence.
Additionally, because this property (both Lots 1 & 2) abuts South Street, the applicants
will be responsible for snow removal on the sidewalk. The City has previously performed
snow removal on the sidewalk, however, we will no longer be doing snow removal for
any of these adjacent property owners. Snow removal is the responsibility of the abutting
property owner per the Aspen Municipal Code (See, 21.32.010-21.32.050).
It does not appear as though any trees will be lost to the re-development of this property
(Lot 1). However, if any trees are proposed to be removed a permit must be applied for
prior to issuance of a building permit. No excavating shall occur within the dripline of
trees and any construction activity occurring close to trees should have protective fencing
placed around the dripline of the trees. If the applicant has any questions regarding trees
on their property they may contact us at 920-5120.
Zupancis.doc
Exhibit B
I"""
r--
Public Notice
',.'"
Salurday.Sunday, Apri/21J.21, 1996. 17Ie Aspen limes 1!H1
NOTICE OF PUBUC TRUSTEE SAlE r"1d ,be in derogatIon 01 ,the .libl' oj Ute City By; Judith R. Hayward
WHEREAS, MartlnNg', ~~narci and Debr. G, tIIanqt:. lLC. /Ind would be,lmproper and ~ary. Board of1'rU$t~ ~OTICE OF CA,Nf;ElLATION OF REGULAR-. Wahiut Slreet net 511 Race Str_ and I'
I , G 8P, Colorado MOllRta/n JURlorColleieDlItrlet " LECTlQN BY THE DESIGNATED ELECTION' ,descrl&eduS 1,12 Lot 9.~loILob; 10 II 12/n
eon... ranlo.(a)byDeed,ofTI'\l.tdated Mr.Josep.hWlnoIRalelgh,NOrthCarollna,1B Pubnsh~lnTheAlpenTlm"'AprlI13,and OFf'lClAL_,.. . . -,_ Block3.ofland..na.tedlntheNEI/4sWl/4
J.',~ 9,' '.....'.,r~rded JulY 16,1990, tn Book 1l'le...mmlThber Ind m'n~i of Ute City ellnque, ~_, ,1996_,._' ,.,._,.._""_..".._. .' ' 'NOTICE IS HEREBY OIVEN by the Aspen" Sed4on'7, TOWMhlp 10 South. Rtnlle'8ol Wesi
,qe ,rdm No. NAat Receptlon No."" ,e name 'Ute City Banque' Is not ' ...~,_._',__" ConJOlIdlrtedSlUlllalloClDlstrfet. PlttlnCountY:CltyofA:spen.ForlvrlherInIOl'lllaUon,eontal:t
324381 In tile records 01 the County ofP~tkln, '.eurrenll)r-relllsleredby.orowned by,anyother lNVrrATlONFORa OS COlorado that at thedoae 0/ bualnen llte"'" 'Bob-Nerinl at t~ A n/I'lld '
;~~~;o~~::t~io=~,T~ ~~d~~~~~~~~n:::::~~t~~I:~~~ ASP~~~~~ORT ~:"m~~~~:rat':O.::r:I~,:~,,:,-~=~~De=:::esu.t~ ~.C8.,:~n~~~
real property, wblcb, II all 01 the property currenlly located at 501 E. Hyman Avenue, (SARDV FtEl.O) be fllled.lncludlnla,"davlll- ol,lnlent to be ." .-' '," "llSaraGlrton Chalr
=~~::'~Ie~=:.:?~:of,TI1IaI. . Aspen, Colorado; Ind' whIch I. presently ASPEN. COlORADO :rI~n candidates: therelore. tbe e1ectk)n to " _ AspenPlarii'llnlandZonlDllComnllhlorl
F1~~~ 1, BLOCk. I, BRUSH CREEk 'l.U,"'\OE. : ,~I~~~~~;,e_~~,cA',""" ,',-", ,.,'c, AlP ~~grAN~=15 p:rsul:n~~oM~t:'I~ftl::~:~a~J.::~e7~~ Published InlbeAspen T1meI Aprll2O, 1996.
COLO~~' COUtfl'V OFPmaN,mTE OF ' """"" Se-,Ied bids lor Ihe Imr;ovements to Aspen. dll<:tared elected:
Purported C01llmon Adoke..:1766 Medtclne ,,^,"".~Shedl~:~W~':;;Iz,,~~~;;~ ~1~~~:r~~~~t~l~i1~. ~~Pt~n~ ~':1~~~~~n:~j,~~~(~~~~~
Bow. Aspen. Colotado ",v ~""", el db Ih 011I f 8NC:<!Malherly.
THE UEN FO!mCI.OSED MAY NOT BE A FIRST A~~all~~. As~en-';'ttkln t~n~~lr~~~c<s:r3: Desllnated Election OfIk:IaI
UEN. NOTlCE OF PlIBUC TRlJSTEE SALE FIeld). Aspen, ColoradO R1611, unlit 10:OO'a.m Aspen Consofidated Sanitation Dlstrk:l
SaId Deed OITNSt _URsa Promissory Note cWHEREAS, WAR~N~:~N, " dee'.' . local lime. MIY,7. 1996 and Ihen opened. t'ftd Publllhed ~!MAspe!lTtnlesApril atJ.11lN. ' '"
::=:<::.:rrif~~'::= trustdMedJune7.199I,andrecordedJunel3 aloud.andcanvasSed..,. ~ " -;':" ,: : '~.<':::'~;~\~~
set IorthlnnldNoteandDeedofTnlIt; and '. 1991. In BOo. k &41 iii Patle623. RecePtIon No: The work Involved Include. the Io!IOwlni, DlSTRlCTCOURT. COUNTVOFPl'TKlN.\it' "(.'~
WHEREAS.lfMI oultlilndlotl jlltndpaJ balanee 333596,andRECORDmonlktoberl8, 199tln SCHEDULE I ,.... STATEOFCOLOAADQ'" ",,;:'>~"~:\"
dueandowlfllupon'lheevldetlceof'debl Boo~6S9a1Plllld49,~PIkmNo.33754~ln ~~~':~:nc:rr::733 , CueNo.95CV214.J'" '>.'
sec:uredbytheabove-de$crlbedDeedofTruit Iberecordt"of tbe CQUNTY:OFPtTkIN, ,- SCHEDuLE II . , NOTlCEOFSHER.lFF'SSAlEChat<lfluRoarlflll
belnllfo.redo&ed .Is $259,137.38 U 01 April 1 conveyed, to thePubllc.Trustee In said ,Grade Runway 15/33sir.lety Ar~. For,k Condominium Alloclallon lnc a
1996. ThIs antOIInt.does not InClude Inlenst gj COUNTY OF P1TIC.iN. Ihe followlnl descrlbed SCflEDULE 1Ii Colorado Nonprofll COrponlton. 'Plalntlff.
any other charle allowable under tbe loall propertyln saki COUNTY OF PlTlClN, 10 wIt: Expand General Avlallon PafklnlAprotl v. Chateau Development Company a
documents or by law. LOT 13, FOX RUNSU8DMSfON; ACCORDINQ A complete set .01 Plans. SpeclflcaUons, aftd Colorado corporation, and any and all unknciwn
WHEREAS, Cltkorp Mortpse lnc" the legal TO TIlE PLAT THEREOF FILED FOR RECORD Contract Documents may be oblalned at the perlOns who claim any Interest In the subJect
holder 01 saki Note and Deed of Tnul hu Died AUGUS'r27.198S;INPLATBOOK17ATPAGE ofllceoflsblllAssoclatu,lnC,10190East mallerofthtsactlon.Defendanls.. '. '",<
wrltteD Election aDd'DeJlIandlorSale u. , &4. AND 65, COUNTY OF PITICIN: STATE OF Motttvlew Boulevard, Aurora. Colorado 80010. Pursuant tOlhe Order lor Jud(menl and,'
P~~DeedoITI'IIIt; " " ".C_OLO~~cbbuthttaddrellsof.t70F.0lI 2231,.,lerAprlllO,1996byanonrelundable DecreeforJudk:laIForec:to.ureandslleofReal_;';,
..........-._._not1<:ellherebyglYen.tbatlwlll,..",. ~VIlIqe.CoIorado81l;1S.', det)OIltolS60.ooloruc-hset Properly ,entered on March 11; 1996,lll,tlte:";
at 10:00 a.m. on M;ly29,l996, atthtt lroot '1.,' THE ABOVE PROPERTY IS ALl. OF THE'-.Eacb bJdmUlt bnccOlllpa),led by a Certlned above captioned lUlter,l amord'tedlO"",~"1
of the courtbotiM. Cowlb' 01 Plddit;indStUe : "PROPERTY!NCOMBEREDBYTIlEUENOFTHE I Che<:kor Cashlet'_ Chec:kln the unount of not thcfollowlns! real property: , '. '.""\,:7.
01 Colorado. .,ell'Jllt public auctlonto tbe ;,.'lWD Dm)OF'TRUST.TIlE ~ I'ORECLOsED :: Ius tbIin five pel'ClIRt 01 the lotal bid. made Unit .o.-ciiatmiRoirlItll Fork~,(A'(<....,
hltlhllSt lilldbelt: bJddet for cash, the.aId reaI,:,.MAY~B&"I'1RST UEN,: f,;,;.,.::. ," ",; payable' to Pitkin Coullt, Board of ;' ~~!"'..mm.I~!mUn:t.:;~ft,.d,_,"...co~!i'Hto<tb.'\'".~.;;
properlyanclaDlntllreItofthUaldGrantor{.).Salcldeedofbustsecura,aptomIIlGryDOte, Commlulonen, orbS'lIi'Bld Bond In like......' ,............ IV ..,........RoarlttJr"
thelrltel....tbelt.ucce--.andlhelrasslgns. of even date.therewltb lor:lhe ;sum 01 amount~byaSuretrCompany. Fork Apartmenl. (A.Condomlnlum) recoided\-;
lor the purposle of paying the Indebtedness $1.737,000.00 paylible totbe order of GMAC . The Bklder mUlt .upply all the Information nnOecember 31, 1969. In Book 245 atPaae 666
provlde.d In aald Note and Deed 01 Trust. MORTOAOE ,CORJ>QRATION OF PA. on term. required by tbe proposal. forms and et,seq. In the Ofltce 01 the Counly Clerk and
attorney. fee. andtheapense olsale. and wlD ,let forth In llild'deed oltru.tand tbe spec1fJcatlons, and may bid on any or all Recoi'der olPltkln Counly, Colorado.
~~~~~~t,....t~~ ~~.~~s... ,Certlflnte 01 '.' 0..................,.' _" . '., balance. Pl'eJently due III schedules 01 work. The Pltkln County Board of I shall offer lor pUblic sale to .the hllhest
n.."..~ _ ...v....... "7 1.659.961;113.. ... C01llmlsllOIlenl reserve the right to waive any bIdder for cash. at publlcaucUon. all the rtght,
Note Pur.uant to tbe hlr Debt Collection 'WHEREAS, RESIDENTIAL FUNDING CORPORA- Informality In or to reject any or aU portlons 01 IIlle and Inlerest of Chateau Dcvelopment
Practices Act you _ adv1Iod thai MeInhold, 'J1ON, a Deiaw_CorporaiIOll..the legal holder . :the varIous bid Iteml. No proposal may be Company,a Colorado corporation" the said
Stawlarsld,Sbaplro.,lCocflIIl-.UP,ladeelneclto., .of.lldflOteanddeed Of tnIIt,hlll IRed wrltten wlthdnwn for a period of 60 days from the Defendanl.lnsllld property on June 5 1996.at
beadebtCOUe<:lonttempll::9to<:oUeCtlldebt~ ele<:tkmandlUlmll1dforsaUr,lis,jItovIded-ln' apenlnllhereof 100'clock a.m. at the Pltkln'County
andanylnlllrtllatkmobtalnwDIbetlledfoio. ~trUst, . . II I. Intended fhat work covered by\h1s ~te~C:::dr:.~tepl.lnlheCOIlmy(lfPltkln,'
~8tbdayofArml,I996 "', allO:OOO'eJodc~:=~~~~ =~~~~::oc:.mPleled durin, the 1996 NOTICE: THE LIEN BEING,FORECLOStD_:
ThomaICari 0-. PublkTrulltee In andfor. 1994atPltldnCoWttyCoul1:ItouIe"S06&..Maln, AU b!dders.arellMsed to examlflfl thll site 10. tJPONMA,YNOTBEAFIRSTUEN...-. _ ... ""
.theCount,yofPltldti.~ Aspen, CO 11611, HlI aI public ~ tothtt, be<:OIIIe,lamlUarwlth all_.lle condlUons. Tile l...Datedat.P1t1c1n.COIlnty.U;Ila...1I1t1t,diy~"'l~:,~
JIxiy......DeptltyPubllCTJIlItee ,.~1lkldeI:forl(Ull.tbeaald'"'propeity"ipro)e<:twlUbuhowntolnterastedbldder.at:, '" ,...: ,'.. ' . ",. ,:S'
f1I'1tPubll<:allon,AprUI3,I996 ': atKhllltKereitofsaldGrantot(s),theftbetr. . 2:Oll p.m., IocalUme.Aprll 23, 1996 atlheOHke. . ~C.~,SMrI"oIP1tklntounlY'~'
,""tPubtk:aIloll.Ml\yI.I;I9Mand8HllU-thefeln;lorthe,putp0s6ofPQlna~, ofIheD\rK1orOl''''V\allOri.~nCoUnIy''- , '... . .. By: DeslnleTman.D' ,',~'~
..PubIIsItef;TIleAI'peDTbners'.. ".tbe.lnclebtecln_proYfdecl'lrillkliiotellild .t:.Ak'pOit(SUdyf1eld);,upeil;CtiIori608l611 . .I~'.'. ,DsIUlhrltPllblk:atJon. :fEI~Jt9l.lt.t. ,..';', : ._..
Melnbold,stawtankl,.ShapIro,,lCodl1ll;LLP. ,,~deed'OftNlt;attol'Dep"""aDd___off.' TIw propoaed.tOntra<:tlllincler andl\lhiect,ni .DateotLalt~k:aUon: . 25.>,ltM'),:I', '~:'
LynnM.J~.l5592 . ,:" , ",:~,;"".,aIe.atIdWIII,dellverto~he,purchuer(lI)a~';toExel:utlveOrderU:H6of24Septembet1965.""~~hed~'J'1ieAa~ ~~/'&'!!;~~'~
AttomeyFlle4lO&8S4799C1lent.wfI04J.O cert:IllcaIe.oIpui'dtue,aDuPl'Ovkled'!YIaw", u amended. and_to the equal opportunity.. MUy,t,IUhftd251,UI9I;-, ',,," ^ "<....;i.
9200EaltM1ntnl4venue 11tIs,II"atlelllptto~..clebtUtdany"c1au.eandtheStandardFederal'Equal
SuIte.380 '. Informatl~a."obt,lnedwUlbeQ.edlorthat . Employment Opportuaolty "Construction RE:POWELL~~VESTEf)RIOIf1'S
E:ncJewood,Colorildo80112 purpoae-..,."., . ,. . Contrac:tSpeelll<:aUonslndudlllllthttgoafsand N011CE .. .
(303)799oOOll3.' "',.':...._,._,.."~.__,.~22;.,~.:..:,~'" ".' ,,'Tlllletable. lor ml.nOrlty and lemalewlllbe~~~ed~2~~~~btk:,...-.
PubllsbedblTheAspenTllMloair.pril13,2O, ,',:. ,.: .....ma........lvo=,Pub1lcTrusteela ..c,pank:lpatlon. '. .... . '............n...... . a
27andMl\y<l;lI.l9M. ,,: ..>:.. .,-'~"'" .~fortfHlCOlJNI'VOFPf.I'KIK,~.l'; ACertllk:allonolNofll-esreiatedFllClIltles' resulumeetlnltobe8lrial5:OOpmbelotel~,.,.
-, ", _ ,,' ""':-';'.""'" ",/''-'7. :".Br-JudJ,,-,:l)eputy~...IIM'1"i...~~''''::.'',mustbe'\lbmltti!dprlor,tQ.,the.. .lI\II'ard.tolhe,.;80ardof'C:Aa.fcolRml"10IldS,D1ltrIO:~~
ADvEImsbfEHl'PORBlDS,:','\ .;r ,';"" FlrIt~Mardt30..'~:r,I'f-'~~~ -,"'(l"utl)lrOpOsed ~~~_~c<;,,~.=.oliiabat~St., 1:lt..:==~,
fJARt1ELD~~~":"V'Y':;;~~+=;'\7.t~:::,:,c':':~.~--~I=-Ja1':'- ";~;~:,,..,d:!':P-oWelJiftlqUUllq,an'~Iort:of~:'
S4ialeclltkl. wUl'berecelM4bt. 't~,.:~hif1:~ 'fl.\sb1ltbed:)i~AiDtMl;,~:~h~~l~ecI1D,J\Ppellil~ :, If!~ pajt~. ..}-,::,;~attJ:'>"'~:rI.fJ.fIt.r"'d"'l~.i;
F.nghiee'. DlYlalOllolWlklllf4_~~"'~)~'t&~_21.I_1 ,..... ",,~'" 't .,:".,.<.;:;:.RelalltIODuItbe 0,_:;' OftM'.;\~TlilD,Mft~~~"'~
~~:::~~~~"~p::'~;:"~:?~:1,~:;;"t~-''-''-''~'';'''~''. '" My,ol:Tr .~-,.., .. . .,., . . .' ..'!;'
::2I:t:':=r.::'~::.;;&'f~ ",.....' "<',.,":$'
windows aDd hllulllecl.~lltri dIIcIr, ",:!w>,"-"",""'.~!:!fi.:=: '. ...\lii'~'?l';';:ItunM.R.:'Mi.."a.d-~
Include mtlovtol 01 exIlttltla.tertttl, CNI"':'~:"'NO'I1CEorAI'I"I.MnlllU'IT~IUlq"l,~,-,,,,pllal'b''''''''''' ' -, ,Of(:ount;VColitI~'
reakUnc:eat,thOGarfIeld$)'Ht~WUcmf!',:f:".'~\'-, ,t.~',:,DISrRICT'I_\,t,.-"' 'I .,__:l}t~ate ~,.er, ,,'" ..., , "j ". _.up.,..'~"
Area, 2 mlhll IOlfthwat dI.N_,c.ltleOU'f ~'" hrREBYGIVEN,lbittM-c:okirIodo~'~b,..'"""..."th''''.. ,.=li:'~~...~~ '''''''"''''''"":''1'''' ..,". '..'" ~,
c-tyRo.d312_I....toutlI',_GairfWtl?",MouDt.aI:a.JtlllJor.~lIepQlIlrlct("C;oll.."');I:!.~ ...~ ,.., .. - .. " .~.-....:t., ..~,'/~~'PuEiLtl:!'N01'ICt'-.
CTeekRoad.InOllrOild~' :.', "" "~';':-'Boatdof,'t-tees("Board")~ntolie.:'.Ihe:~~-:ubr~~==*:~*','m~!MANNCARETAdltD
A~~~~~w::,~::,&;t.t':a.I.::~IO::':1oard ~= :;"~IOCIaIIy.n:.~dII-advaiItaied~::j:~~~;cE,iS'~'~~~'o~~'-~~,a:"
.pec:lIlcatlonl frOuitlteDlvl.lonof,=llf..' ~Coi"BoardMember.Dlltrk:tilll. InclUdewomell, 81lckAmerlcan., Hlspanle '., bearlnIWlIl.IHr~~Wectnnday.~~.
6060~; Delaver,COQI6;pbOAe(3ll3),.c "~the,retuJar medinil CIA ttle-Soud America,n., Native AmerRlinl,AslanPaclllc,l996.at a regular rileetlDtto begklat5:00pmf
291.73S1 ... ".. .' beldoltMlrchlaJ9ll6.TheBoardmembenhlp, '"Amerl<:llIlI;.andAslanolndIanAmerlc4ns.TIte" beforetlte,BoarclofCountyCommISl-loners."
PUN HOLDER'S CARDS may be obtained tObefllledil~Dliltrtd:ilIIwhldt'eompriHsaU' apparenl.'uo:ceuful competitor will be DlslrlctCourt~Ii(.506 E. Main St. Aspen to
Il'OlIIlbeatxlveolflceloranOOit~ tbe,ilrawltlJlntblllePl.boundlirlelotPilkla. reqlllrecl to submit information <:01l<:tI1tI1tIl the <:onslderlnaPpllea\lOft~bmlttedbYGordon
dwge. They _PMIIor a perIOd of otIII year, .county.....t,be -POrtion wlthln Raarlna: Fork DBE". tbalwUI partlc:lpale In the contract. The and Debra Weldemann'requ~t1nll approval to
Irom,lhedahlollaue. . ., "'''SdI6ofDl.irIct,R};.lwti!dtcomprlaellllftbe' Inform'Uonwllllnclude:(1),the,nameaa.d .construc:tllllatteC:hedcaretaterdWelllnlunlt
Pre-bkI confereDc:e: 1'uesday,AprUO,I99(I at " area, w1thJnthe:lllal-boulldulesof PItkin' 'addresaof ead:tDBE: (2) a d_Iptlon,~, IIle ,to the proposed t'ellcfMce. The properly I.
1:00 p.m. at the protect .lte.S" bldbOlICI. '~'COU::rlell'Ul"'port~ w1thtn RoarInl Fork.. (3)~toJ:lperI~~~n:~~ .lotated at ,WOO Crystal Park Drive. and II
:=~or~hIer'IctXd:~~ ~~=~~~=~'=I:: Ilt~eebldd':rf.lrtolilmtheC(lnlr.ctgrial. &,::.~~~~"k;::m~':=:~~
,Englneertaa:Ollk:e Ftlrlr,Scboo1 DIstrk:t R&-l DIrector DIstrict A. lUted herein. thebldder wlU be,reqlllrecl ~o. . contact Fr~ ICrIztnan1c:h aI the Aape/i/P1tktn
~OfWtldltJe,.SlateotColoradQ.", Theperaon:,aPPolflted, mUlt be an ellllbh!1 ". provide documentattondemon.tratlnl tbat Community Development DepartlR1I!nt(9.fO)
606OBroadw~,>..~andl'9U1tieildewttltlnDlstrl<:lI.The, IlOOd faith eflorls were accomplished durlnl' 92o.1il03. .
Deover.C080215,"" tehnmbe ailed dplredlRNowmber 1997,. .._ theblddlnl procell, Thelood faith effort J/James R. Troe,CIialr
f1I'11.Publl<:alkin: FrIday AprlI 13. 1996 '" .. . AnypenonllltelamUbbi!lnlconak!eredlor docurnelltlltlon must be subllllttedwltbln Ave iloaidoiCcnmtyColllmll-slOllerl
Se<:ondPubJk:atlon:Frktty.AprU20,I996. ; .,,_;~atm~ordeslrltllfurUlei'lnlomtatlon, (S)calendar~,lI!lterlhebldopenlnl.Abld PubiJs~lnTheAspenTtIDelAprU~I996.
Publlthed In The Alpea TImes AprIII3Ilnd :"a'I;IOilIcl;.~ Toni Bla<:k,Stalf.Se<:retary. 215 that fall. to meet thelle requirements will be
20.1996. "I. '. ,., ... :,'.9th.Street,P.O.BoxlOlJl)I.GlenwoocUprlltll.. conslderedoonresponllve,.
, CO,>11602,' telepbonti (970) ,9.s.fI691;, Minimum wage. rates .. .establlihed by the
:Applicatlot!lIlOr'lIppOIntilleat.1touId Include ll' Secretary.ol Labor are app\lcable to thl~
relume of , rei evan, quallflcatlon. and Prole<:l. . _,.
~end.ccindlillettworltatimentof Anyque'llon. relardltJl.bldsare 10 be
w,hy,tbeappncantwt.hestolerveoa.the,.dll'ectedtotbeofB<:eoflsbhlll~Int:.;'
bOard. AppllCalloMlliould.be lIUbmlttect and Auro.ra,. COlorado (303-36+-2500) for
.rec:etved,by~p.m.onAprll26,l996.The ~retaUon,;.." ...~~:",^-_'
Ekipd.wiII,<:onIIderallapp1lcatlOlllandmlke ~ Pttldn""l"nty"""""Vi'wUI"mlsslonel't!
thO- appolntmellt In publl<:Mton at a 8oat'tl. .' . , ' . Aspen. CoIoTadO
.meetintlto,beheldon~;f.{ay6.1996;at PubllsbedlTl~.Aipl!llTI~Aprll13and
tbe.~MouaWnColleteAlpenCampul.. 20.1996.
NonCE OF
.ELECI10N
~;,:
:<~'.,TO WHOM rr MAY CONCIJtft
1"'andpartlClllarJytotbee~
.of the Aspen-VaUeyHo'Pltal
:;/;g~:o:~,:,. ~I~~I." t~unty.';
, NOTICE IS HEREBY GIVEN
that an eleclfon will be beld on
the 7th day 01 May 1996,
between Ihe hoorsol 7:00a.m.
and 7:00 p.m. The Board of
.. Dlrectorl 01 the DISlrlcl has
;M;'detlllnated. t~~.;,roUo,wlll'"
~;~~,'?""l,":":'r"
:7y'l<AtPea. YouIh Cenler
%~,R10~nde~'
'1""pea.~~
: Basalt To'Ntt Hall
101 Midland Ave.
nasalt,ColQrado
SnowmassChapel
S307 Owl Creek Road
SnowlllaS$ Village. Colorado
At saldel<<tlon,theeleclOrs of
the Dlltrlct shall vote for
Dlrectou 10 'serve the
, ,Iollowlnglemtsofoflt<:ennlhel"
i", Board 01 Dlrectore - or the
,'.t-,tr=~~~~~lor'1"
r"'":::~~,;.;!.r-~,,,,,- ",~.. 'F'" t ." ,~,"
~The'''n'ame.:,~ 01 4'penons 't. "
~lunInated Uidtenm of'offke'"-;,;.
3,~lor Wblc:h"!'Oftllnated..re.e,<:,
'"folloWl:'
PUBUCNOTlCE ,.
RE:ZUPANCISSUBDMSlON
NOTICE 15 HEREBY. ,OIVEN: tbat a publiC
heariilltwlllbe~onTuellday,MIlIY7,t996.aI,~,
a meetlnl to bellnat 4:30 p.m. b~lore the',
Aapen Plannlntland Zoning Commll-sloll, SII-ter ,".
CIties Meetlnl Room, ClIy Hall, 130 S; CalMla
:~~f~~e:;'~~~=lsa~a~~c=~
~-=-~~.~~::::Il::b'::
.de.crlpllon. The property Is localedat 510
U'.QALN<mCE
IN TIlE MATIER OF IJtt cnY BANQUE, u.c
PLEASE TAKE NOTICE that the name. ".Ute
i~~q~~~.II'~:I~=:J'I1f::I~I\~,
company., Ute CII, hnque,LLC.ha. .1'0,
lnKIemarked and tndllR8lMd tile nune "Ute , .
CItyBanque."Act:OrdlnalJ',anY.attemptabJ'C)"
otherpersonOJ'pl!1'IOI\I.entltytnilitthlelto
Ulelnanyfultlon,ItIeIWtMlYte:~~iIe
le~for~leulhan30.;<< )
"' :wbcd:e'WIIN. .otnMs,'~
:... .tulbJe'!lieal ';or'f ~...o"al':(l-'
:.t~ ,W1tllfoIhe,Oliu1tt;,1l
""""'"'...,....._.......~i'
@iib........~.OI'Ddt:"I'J;'
'';;jienoii,-'.tID':II_aIiIIPh!d to paJ.~l{,
~..,talt.., .ltder',,~ e...tf.a.,to->',t
~pureh~l.xable,.ropertJ~,j,
~;,,'wlthln the Dhtl'leUh.I1~',
, cOllslderedall: o,wlIer 01
taxable property. lor the
purpose 01 quellfylnll as an.
ellglbleeleetor.
NOTICE IS FURTHER GIVEN
'that appllcatlons lor Ibsent
.jroter's blillotlmaybe filed
'Wltlt Sue RotnnneI,DellgI'Iated'
'E!eetlon Ofllclalol the D11Ir1d,
at O.OICasUe'Creek Road.
until the,e101e of business on
the Friday Immediately
precedln,theregulardec:t1nn
(friday,May3,199&).
ASPEN VAlLEY
HOSPITAL DISTRICT
By/ss/SueRotramel.
Deslpated Elecllog OIDdal
\
" " ,'" '
'Publlslledln~AipenTimes
'" "APril20,I99&.
ALL PERSONS INHR~'l'Eo.",.,. iN. ~.' E,ltA,_.. ..",,~PPLlCAT~ONS:'IR ,,~ATER DIVIS.ION NO. l5 'approximately 4,190 feet soutbo! _tbe north see. line, and -n.d teet Eut of
" "" ,," ,," ,," "" " ,," " "the weet sec. "line of said" Sec. 13. Appropriation I 'septeillbGr 21,1988.
PURSUANT TO C.~.S.,!.:'37-92-302;' ",,"AS :AMBRDBD:,,, You are notified that. the Amount: 0.033c.f.s. (159.p.m.). Usel fire protection, ordinary household
followin9 pagescOlltprise '.\II reSlllll.8- of" the~'''';applicati9ns " and" amended purpQses, ~n.ide not 1l\Ore than 3 sinqle famly dwellinqs ; the irrigation of
applications filed with the- Wat~ "C:,ler.k 'fetrJl'atet Divis~on!5 :during the lIlonth not JlIOr8 that"" 1.0 acre of lawn and "garden and the watedn9 of domestic
of HARCH 1996. " ,,", ' ..-' ' ' , ." ;.: "'" anImals.' The application contains a detailed outline of the 'Work 'perforJISd
, for cO,mpletion of the appropriation'" and application' of the water to
2. 96CW065 (PitJr:in,c~y,~r:,; Creek, Water Dbtrict Ho,:'38) beneficial use". (Spages): ",",' "
Applicants: clifford'B.'and ~~'Jnlton, P.0_BoX218~, SnoWlltan, CO 81654 '2.", 96CN087 ,(83CW3S2) v.GLIi: AND pmI" cOuJr.rI,BS, FryincJP8nRiver, Hunter
(tele. 910/927-9427)" ,cIa ThomuJ. ~dr. lIolland, , Hart.','600 E. Main "st., criMtk and Tribuuries. Water District No. 38. "Southeastern Colorado Water
Aspen, CO 81611 (tete. 970/925-3416): Na.. of structure: Oh-Be-Joyful
Pipeline: App1ica~iontor Unding of reasonable diligence for a condifional conservancy District,. P.O" Box 440; Pueblo"CO 81002, c/o Stephen H.
water ri9h~, Dreinllqe basin: Sno_as Creek, e tributary 'Of ~he Roaring Fork Leonlll!rd~, Fairfield an'" Waods, P.C., 1700 Lincoln st., suite 2400, Denver,
River: Location: ~he poin~ of diversion 15 in Pitkin Coun~y in the SW~ of ~he CO. 80203-452.; (303),830-2400. APPLICATION FOR F,INDING OF REASONABLE
NE; 'Of seetian 3<1, Township 8 Southj Rang'e 86 West 'Of' ~he 6tH P.M. at a point DILIGENCE AND TO MAKE CONDITIONAL RIGHT ABSOLUTE FOR THB BOUSTEAD 'l'UNNEL
whence the 'Offset stake identifyin9 Property, COrner Na. 43 'Of Lot 4 'Of the ENLARGEMENT.
Sky River Subdivision (fertllerly.known as the Oh-Be-Joyful subd.ivision) bears I. ADDHrnoHnn' f'or jrtndtrld of' a"'''''lnnoJ:llL..D.1l.W.us;:A: 1.lI'a.. of Struc~ure:
-3"o-"'3V'''c:E:Q'l7l"90~yp$-"or;-us<ll,~. .ir-t}~~~_ ,l;.r:c~"r.l,~~WlW:.I!,?"ll!o.'?}._ '1'f. pe.a~_ ___B. ouat~ad Tu.nnel Enlargement. .2'. conditi.onlll .vate,r r.i'.h.t.: A. Original Case
8tructu~: 'pipeline, (hIantityt'O.lO;c.t ;s-.(2P&IJe,ii)"" . ,". ; -;""(T"'I..-..'M'~-=ndi-ti-OH!l;l-,!\lld",.p,...~tJl'll ftbS.,luteder;:reefor the Boustead Tunnel
" '. "'. . i, ",::. ~,' '.'.,'. ", <'" ' ',. '. ,'.; ", " '_EnI.t"gellent (Exhibit A to ,Application)'liI'4S"'-.n't.red~ in'Cas'iFlkf7'1J:JCWJ!S'Z"on- Hay-
15. 96CW078 (pitkin cOunty. ,:snoV.ass Creek, Water oi.trim Ho.:38). 31,1985, CQnfirmlnq, the April 30,1985 Ruling, of Referee in the samelnlltter,
Applicant: 'Oh-De-Joyful Hc..owners' Association,',c/o Rhonda J. ,Buil, P.C., in the. Distdm court. for Water Division No.5, State of Colarada. B. Decree
323 W. Main st., suite 301, Aapen, CO 81611 (970) 925-7171. . Nalle of date I May 31,.1985. .C. Date-of appropriationl,JulY'29, 1957. D.Decreed
struc~ure.: Oh-De-Jayful Reservoir and stewart Ditch No.1; Oh-Be-Joyful u811s: Irri~ation, lIlanufact!1ring,. domestic,: municipal, power, and other
Enbrqe.ent. ,APPLlCATI,ON TO MARE, ABSOLUTE, A \CONDITIONALWATSR ,RIGHT. beneficia~ uses., J. I;e1J1I1 description of: point. of diversion: The point 'Of
Source: . 'Snow.liS8 cr.ek. ' tocation:S34,',T8S".R86M" 6t\s:"P.M.. Use.: diverl!-ian (the 'lnt;:ake portal 'Of said tunnel) ,is located at a point on the
Reservoir-Irri9at1on; ..~ atock water~ng, ,fire protection, lSU9fll8l'Ution anc:l Fryin'll1an River,whence tJ:ie SW corner ct S. 7" T 8 S, R 83 W., 6th P.M., bears
exchanqe. Ditchl TO.fill the res.,rvair.. ,str;Uq~ur.1 ,.Re.ervolr.,and ditch. N.. 48 :13' 1f. a distance of 67,986'. 4.. Sou~e of.Wa~er: llunter Creek and
Quantity: R..ervoitt 3.5 .cre~f~et:,ditch: 1.0 ;c;f.s. f2 pag..}~ ' FryingPan River, and tributaries ta,each including Sawyer Lake Creek-Chapman
f_,:I'" " ," . Gulch, south Fork Fryinl;Jpan River, North Fork Fryinqpan River, Mormon Creek.
Cunningham Creek and Ivanhoe Creek, all of which are tribu~ary to ~he Raaring
Fork River. a. t.ributary 'Of theeolorado River.S. lUlount 'Of vater
condi~ionally decreed: 31 c.t.s. decreedconditianal in Case No. 83CWJ52,in
addition to 63 c.f.a.decreed absolute for the Bouetead Tunnel Enlarqellent..
These .amounts are in, addition to, . and do not, incorporate, 900 c~f.8.
previausly decreed libsolute for the Iloustead. Tunnel. 6. Work Done: The
(cont\tl.uedOR'tblllollowlngpage)
20. 96CW08J (9SCW96)' GARFxef.a,<COUltrY'; oGRouKotrATn'l'RisuTARY.,'.ro diSTAL
SPRIIIG,QlDK, 'nuBD'l'D.Y '1'O''J'HI,RoI.anm' POtUI:. RlVER~ Vol,killelr,.van'Hagke: c/o
Brian Stowell, Bsq.: 205 S. Mill st., Suitel 300: Aspen". co 81611' 970-920-
1028._ kelly Well - ApplLcation to Make AbPolute a Conditional Wa~er Right.
Decree!!: May 15, 1989, 8BCW38"1. Locdtian: was- ehanqed in 95ewl27 to a
point of dLversion lacated in ~heISW\sw; Sed. 13, T. 7 S.,R.S8 M., 6th P.M.
."
,
"
,,-.,
,-,
DRAFT
StWIA 1HS6N1fi;
~ C/J('4e.e;tl.1"'S ~
-p 11te; ft.Hr p.a,vt~.
.71t&~~ 4p-
7fJIP- Ffl.D~!VJO":>
snu.-- Belt'/(;:. ~
· ~ ~ fo/V6lF- '11N
('Ie6P ~ h=f:,/~
~
&"l'f: 5( D 7.-
MEMORANDUM
To: hob Nevins, Planner
Via: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer
Date: April 18, 1996
Re: Zupancis Subdivision Review
(510 Walnut Street and 511 Race Alley: S 1/2 Lot 9, and Lots 10, 11, and 12, Block 3. William's
Subdivision, City of Aspen, CO; and a parcel situated in the NE 1/4, SW 1/4, Section 7, nos, R84W,
City of Aspen, CO)
After reviewing the above referenced application and making a site visit I have the following comments:
1. Improvement and Subdivision Survey: The submitted improvement survey needs to have
the following items corrected or shown prior to acceptance of the final subdivision plat:
A. Complete an improvement survey plat overlaid with the proposed subdivision plat both
meeting the standards of 38-51 C.R.S., as amended. The "subdivision plat".submitted provided to the
Engineering Dept. in the application does not qualify as a plat nor survey under any Colorado state statute
concerning subdivisions nor survey plats. Therefore, final comment by the Engineering Dept. will be
reserved pending review of a properly executed survey. The survey information presented is incomplete
to verify potential conflicts or impacts not readily evident in the information provided,
The improvement/subdivision survey plat must be properly titled as such; signed in the Surveyor's
certificate which evidences supervision of the survey and compliance with Title 38, Article 51, CRS,
1973; and stamped by a surveyor currently licensed in Colorado. The plat shall include the title insurance
certificate number, date of issuance and name of the issuing title company. The title insurance certificate
must have been issued within one (1) month prior to the date of the improvement survey plat,
B. Show both recorded and measured bearings and distances for the property boundaries.
Provide complete curve information for the curved portion of the property boundary along the South
A venue frontage.
Fax · t:t '];(> ...~ "
DRCM0796.DOC
Post-it" Fax Note 7671 Date
To.sUMPI PIWls
Co.lDep'Co .
Phone #
-
Memo ~ Zupancis Subdivision Review '
/,""'"
DRAFT
C. Provide full identifying information for the establishment of the basis of bearings. Also
provide the bearing and distance of the tie from the nearer basis of bearings monument to the property
boundary. Use two (2) City monuments within the same city block, two (2) recorded subdivision
monuments, other recorded monuments, or a solar observation to establish the basis of bearings.
D. Provide a symbol legend which clearly and uniquely identifies each type of utility box,
pedestal and service vault, and each fence type. Arrowed notes or distinctive symbols are acceptable.
Existing water service valve box( es) serving the property need to be shown.
E. Provide the closure information of the existing and proposed exterior subdivision property
lines. Provide the closure information of the proposed individual lots within the subdivision.
", F. Provide a note explaining why the easements referenced in the "plat" notes may not be
graphically shown on the subdivision plat. This may be in a letter from the surveyor although a more
complete description will be required on the final plat.
G. A explanatory note and delineating line or crosshatching shall be shown on the plat to identify
the portiones) of the proposed lots which lie within the Smuggler Superfund Site.
H. The Walnut Street right-of-way is not 75 ft. in width. Provide correct width.
~,
,-,
MEMORANDUM
To:
Nick Adeh, Chuck Roth, Jack Reid, Phil Overeynder, George Robinson, Bill Earley,
Suzarme Wolff,i.B6b Nevins
Ross C. Soderstrom, Staff Engineer 1!06
From:
Date:
April 10, 1996
Re:
Applications Requiring Design Review & Comments, Week of April 8, 1996
Attached are copies of sections from the two (2) applications listed at the bottom of this memo. I
need responses from each dept. stating any concerns, special considerations, limitations, etc. by
2:00 p.m. Monday, 04/15/96 to include in my response to the City Planning Dept.
1.) Zupancis Subdivision:
A proposed subdivision of a large lot into two (2) lots which each meet the minimum lot sizes and
would front onto South Avenue rather than the present Race Street. The utility service and
community impact review by Jay Hammond, SGM, appears to address most of the typical concerns
for new subdivisions without any fmding of prohibitive conditions. It appears that this application
falls into the subdivision category on the basis of a technical definition of subdivision vs, lot split
but otherwise is quite similar to a lot split in terms of the scope of the proposed development.
The South Avenue frontage of the proposed two lots appears to be the primary area of concern
regarding driveway access and snow-storage.
2). Rio Grande Stream Margin Review Exemption:
The City Parks Dept. has requested a Stream Margin Review Exemption for the repair and
additional remediation of damage caused along the Rio Grande Park and the kayak course by the
spring flooding and trail wash-out of 1995. A permit has already been received from the Army
Corps of Engineers for the work; copies of the proposed work plan have been submitted to FEMA
and the Colorado Water Conservation Board (CWCB); the work plan was developed with
assistance of the Corps and CWCB; and the Parks Dept. has contacted adjacent property owners to
inquire of coordinated work in the river. The Parks Dept. is awaiting an evaluation of the
Oklahoma Flats Pedestrian Bridge to determine the viability of raising the bridge to increase the
free-board above flood stage water levels. The completed stream margin application will be
presented when this information is available.
The applicant desires to complete the work this May before the high waters of the spring run-off.
Attachments: L)
2.)
Zupancis Subdivision, 6 pp.
Rio Grande Stream Margin Review Exemption, 9 pp.
M3596.DOC
I
/
(\-"... ,.
'.'r, \ I
II
II N
~II .
;
~~,
~ ~
V)
.
"
'"
;,
, !:
~
:::::, ,';, ,;
~ b
0
--J ~
~ :,
0
.~
,
'"",
"'-,
..~
. ............------.."'---
.',~"" ....--------...-
'.::'..:'::.::=;:,'::''','::'''7.::".,;:;:.:~'':'-''
.
r"\
--
.--,
,-.
tt
ZUPANCIS
AIA/h"",,1 ;:
G- J" 10
~
~
- ..
~'n'
stOll'_'''",,' .
,,~""' Ill' M"AIlINOS ,___NtS AS !>_III!II~CIt'
o IltNOIU'OUIlOtIOSMJIII" "".A'l.CI\r,s "M
. tCtlC)lts $U NO ,....... ft Jotll!. CAr N. ~ 2~~!J'
elltllOn:SCOlI",,"",,'St.f
(;'t'f:U'HU '''n:.~r'.u'Nlt
NO" ~~~-1:~~1%'~~~:I1nr: f.~~~':r~= J!tA~,.~t"Y:,n^r.'':A'.l:
S.8?OcU'OO"E.
,., ~"
_,no,_ - I
__,.I",(J
-,
I
i""'"
I.
10---
"
I
I
...1'
S 1/2 Lor 11
f'~
>,
,-
\
/
/
,
tJNt'srtJltt''''AMI'1/et/$e
\
'"'.
~'-'-'^ ','
.._-._~, ."'-1":--:;
. .
L~,
';\
I
I
.1..
I
., I
\1
lor 10
Sf>vr.UltH
,.11."(' HCtISC
--
---
<<
\
,\
....\--_.
'. \
,,~\ ,:.._--
"~,I
~":f .,
o
o
"
.-
,Lor /I
~- ------
~
~
LOr
<,'
.'~ .
.,
~:
:
't,
t
LOT l!
9,063 ,...It.
/2
~ LOTI
~.~~.3,q.fl
'------
,
N.tl9"20'OO"W.
In."ll'
,
""-,
~
~IIU _If. n,. "" "'
"-
~
",
r.tt<<. rrhll"JlNt:'$.t!II,r:r',nt.
,
,
"
'.
",
---
--~ -
, ---
__,'$NOII'srORM>C
tA5E~!,,,r'
S.BS" 4~t""'.
'" L R. ?4S.0' 't- 58.12' . otf lIO<I~ 4t11,_C.'~Z
'tt:' ,I1tr ~cc . '-.>-1' ",
1')0 ._ ,.,..,U ." ","'"'' a}I)~'" (JIJ --- _' Jj~' _---~
I - -; . ': _~::,::tilC~I.'n!''':W''':'-~----
I ~"-JO'DD'. ."e _______..r.
'---"--T~------ AVENUE
SOUTH (R,O,W VARIESI
.V
\~/
"-f
/
L- I
,;
"' '"' . TVP(' ., SIt! !!'TVPf:
'$"'00(>":' . ~'S_I
IC"'I>'NI 1{t-".$l>tlO
,~..- " ,!"s,..,lI;r
""":'Ift',,, " rrSI>IffJH
'S"$"",/H " """"$I't..
z.<<'''$I'''1I$ " ~. "$It,,
/t",...uet " to'''''VIf
"JI$H" " ".,-
,'- .. ".,-
43.64
/
,
I
.
.cARMICNAEl. IUItV!YIN,.INC.
P.O. &OX B'"
CAAtlONOAt..E. COl,.OAAOO IlllZ3
1303.9111l-01'S71
.
.
.
SUBDIVISIQN
VICINITY MAP
~
~
~
~
V)~
~
"
'"
2
It.J~
<..)
'>'l
Q::
\.
b
e
.
2
.
g
?
o
o
"
""
\
\
~~
"
Attachment F-VOID
PROPOSED SUBDIVISION PLAT
TO:
FROM:
RE:
DATE:
~
,-,
ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
City Attorney
City Engineer
Housing Director
Parks
Zoning Officer
Bob Nevins, Planner
Zupancis Subdivision
Parcel 10 No. 2737-073-00-026
AprilS, 1996
Attached for your review and comments is an application submitted by Robert Zupancis and Sylvia
Davis.
Please return your comments to me no later than April 19 , 1996.
Thank you.
"--~-
~
,-,
ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Celerade 81611
(970) 920-5090 FAX# (970) 920-5439
April 5, 1996
Re: Zupancis Subdivisien
Case A27 -96
Dear Tern,
The Cemmunity Develepment Department has cempleted its preliminary review .of the captiened
applicatien. We have determined that this applicatien is cemplete.
We have scheduled this applicatien fer review by the Aspen Planning and Zening Cemmissien at a
Public Hearing te be held en Tuesday, May 7, 1996 at a meeting te begin at 4:30 p.m. Sheuld this
date be incenvenient fer yeu please centact me' within 3 werking days .of the date .of this letter.
After that the agenda date will be censidered final and changes te the schedule .or tabling .of the
applicatien will .only be allewed fer unaveidable technical preblems. The Friday befere the
meeting date, we will call te infarm yau that a capy .of the mema pertaining ta the applicatien is
available at the Cammunity Develapment Department.
Please nate that it is yeur respensibility ta mail notice ta preperty .owners within 300' and ta past
the subject praperty with a sign at least ten (10) days priar ta the public hearing. Please submit a
phatagraph .of the pested sign as praaf .of pesting and an affidavit as proaf .of mailing priar ta the
public hearing.
If yau have any questiens, please call the planner assigned ta yeur case, Beb Nevins, at 920-5102.
Sincerely,
-;f!Ao~
Rhanda L. Harris
Administrative Assistant
apz.ph
,I"'-.,
ENGINEERS
SURVEYORS
r:TACHMENT E I
P.O, Box 2155
Aspen, CO 81612
(970) 925-6727
FAX (970) 925-4157
SG
M
SCHMUESER
GORDON MEYER
March 13, 1996
Mr. Robert Zupancis
Ms. Silvia Davis
P:O. Box 11481
Aspen, CO. 81611
VOlD
S" 1'2..-1 'Ii;,
RE: Zuoancis Subdivision. Enoineerino Reoort
Dear Robert and Silvia:
This letter comprises an Engineering Report for the proposed subdivision application for the
property owned by Robert Zupancis in Aspen, Colorado. The property currently includes two
residential dwelling units addressed as 51 0 Walnut Street and 511 Race Street. The property that
is the subject of this application includes the southerly V. of Lot 9 and all of Lots 10, 11 and 12
of Block 3 of the Williams Addition to the City and Townsite of Aspen as well as a metes and
bounds parcel adjacent to South Avenue. The lot split proposal will create two parcels along a
generally north-south boundary within the existing property. The lot split will create individual lots
for the two existing residences. The westerly parcel is to be Lot 1 and the easterly parcel is Lot
2. I have spoken with representatives of all the primary utilities and inspected the site with
regard to the availability of all secondary utilities. I would offer the following comments;
1. Water Phil Overeynder, the Director of the City of Aspen Water Department, indicates
that water service to the existing homes, as well as any future redevelopment of the newly
created lots, is available from the existing 8 inch diameter ductile iron water mains in
South Avenue, Race Street or a recently constructed main extension in Walnut Street. No
special physical constraints exist with regard to providing service to potential
redevelopment of the newly created lots and the City has sufficient capacity to serve new
homes on either parcel. Service to new homes would be provided subject to submission
of an in-town tap application once the new homes were designed (so service
requirements can be determined). Given the ages of the existing structures, it is unlikely
that there would be any credit associated with previous tap fees paid for the existing
services. New homes on the two lots would therefore be subject to full tap fees as well
as new service construction for City water service.
, In addition, Phil notes that the newly constructed water main extension in Walnut Street
is subject to a rebate requirement for the costs incurred by the owner of 515 Walnut for
its construction. New taps to this main would require payment of a proportionate share
of the approximately $18,000 cost of construction in addition to normal tap fees and
connection charges. Connection to the new Walnut Street main would be shorter for Lot
1 created by this subdivision application and would require less expense for landscaping,
pavement and concrete repair than connection to the South Avenue main. These items
would need to be evaluated against the rebate expense of tapping the Walnut Street line
by the builder of a new home on Lot 1. Phil did not, at this time, express any preference
118 West 6th, Suite 200' Glenwood Springs, Colorado' (970) 945-1004
t"',
March 13, 1996
Mr. RobertZupancis
Ms. Silvia Davis
Page 2
on the part of the City Water Department regarding which main would need to be tapped.
Redevelopment of Lot 2 would likely tap the Race Street main.
Phil also noted the presence of the yard hydrant on the north end of the Walnut Street
frontage of the property that may be tapped to an old 1 V. inch diameter galvanized line.
A building permit for the redevelopment of Lot 1 would likely require a service agreement
and meter for the yard hydrant or abandonment of the hydrant at the main.
There is an existing fire hydrant on the southeast corner of the South Avenue and Gibson
Avenue intersection immediately across the street from both parcels. The hydrant is
located within approximately 100 feet of either proposed lot. ihere is also a fire hydrant
at the end of the new main in Walnut Street within 50 feet of Lot 1.
2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated Sanitation
District (ACSD), indicates that sewer service is available to the property from a recently
completed 8 inch diameter collection line within the Walnut Street corridor or from the
existing 8 inch diameter main collector in South Avenue. No constraints exist and the
ACSD has sufficient capacity to serve new homes on the newly created parcels. Once
again, tap fee credits are likely not available and service to new structures on either lot
would require payment of normal tap fees and connection charges
Tom noted that the two existing residences are served by a combined service line. He
indicated that the ACSD would require a shared service agreement be filed for the shared
line and that easements should be incorporated into the plat document (temporary or
otherwise) where service to Lot 2 crosses Lot 1. Future redevelopment should anticipate
rerouting services to provide independent service to each home and reconfiguring or
eliminating related easements.
3. Electric I spoke with Mr. Jeff Franke of Holy Cross Electric Association, Inc., the rural
cooperative that serves the area around this site. Jeff indicates that electric service
capacity is available to serve new development on the lots created by the Zupancis
Subdivision from existing overhead electric facilities within the Race Street corridor to the
east. New construction on either lot would require construction of an underground
service connection to the existing overhead primary system. Service to Lot 1 should be
accommodated by an easement across the Lot 2 if needed to acquire service from the
Race Street primary. Otherwise, no primary system upgrades would be required to
provide service to the new homesites.
4. Miscellaneous Utilities Gas, telephone and cable lV are all evident and available from
adjacent rights-of-way. A phone pedestal exists near the intersection of Walnut Street and
South Avenue just south of the property. Cable lV is also in place on the overhead
system paralleling the electric lines. Service to either parcel of the Zupancis lot split
SCHMUESER GORDON MEYER. INC.
March 13, 1996
Mr. Robert Zupancis
Ms. Silvia Davis
Page 3
would be available subject to normal service construction and connection charges.
5. Access Access into the new lots is available from Walnut Street to the west or Race
Street to the east. Both of the newly created parcels will front on existing rights-of-way
and will access from existing streets. Walnut Street is currently a dirt street with minimal
improvements, Race Street is a chip-seal street. Redevelopment of the existing site with
two new residences would likely have minimal impact on adjacent traffic in that there are
two existing homes on the site at this time generating traffic onto the adjacent streets.
There is currently sidewalk, curb and gutter along the South Avenue frontage to the south
of both lots accommodating the significant flow of drainage and pedestrian traffic from
the Smuggler Mobile Home Park and Centennial Housing past the property.
6. Drainaae Replacement of the two existing residential structures on the 510 Walnut and
511 Race Street site will result in minimal additional drainage impacts to the surrounding
area. Site design for new homes should incorporate on-site drainage features including,
possibly, drywells to maintain historic conditions with regard to runoff from the site. ihis
project will not create additional impacts to the City of Aspen's storm drainage system nor
will it require improvements or expansion of the system. The Zupancis property is not
located in an area requiring accommodation of a neighborhood drainage plan.
7. Land Suitabilitv/1041 The Zupan cis Subdivision property is not affected by potential
flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or condition that would render it unsuitable for
development from a 1041 hazard standpoint. The property is located within the Smuggler
Superfund site and indicates a small area along the south frontage with soil lead
contamination levels requiring mitigation under the Institutional Controls administered by
the Aspen/Pitkin Environmental Health Department. Redevelopment of the property with
structures in the contaminated area would require removal of the contaminated soils to
the repository (currently located at the Pitkin County landfill) designated to receive such
material. A redevelopment design which avoids contaminated soils would not require any
special action but mitigation of the contaminated zone would permit the issuance of a
certificate to the property owner that the site was "clean". Mitigation can be as simple as
the addition of a soil cap to contaminated areas without disturbing the contaminated soil
underneath. Aspen/Pitkin Environmental Health Department Director Tom Dunlop also
indicates that there is some additional paperwork associated with the building permitting
process for properties located within the Superfund site.
8. SDatial Pattern The Zupan cis Subdivision, due to its location between established
streets and utility corridors, fits well into the neighborhood and will not require the
premature extension or duplication of area utility mains.
SCHMUESER GORDON MEYER, INC.
~
March 13, 1996
Mr. Robert Zupancis
Ms. Silvia Davis
Page 4
I hope these comments will be adequate for submission of the Zupancis Subdivision/Lot Split
application. Feel free to contact me if I may provide any further comment or detail.
Very Truly Yours,
SCHMUESER GORDON MEYER INC.
UJ~ ~ S
Jay . Hammond, P.E.
Principal, Aspen Office
JHlJh 96029EA
SCHMUESER GORDON MEYER, INC.
/
(I,,".... ..
'.'0\1
II
II
~II
~~
~ ~
V)
.
~
::::::,
'--'
"
--J
~
,
'-"-.,
""
:~:
...~.._......,_._-,----'-~~-'.............................
--'--- ~-,---------,---_._----'--"-_.._---: --".
-""",).:~~,('::1W~i""::!:.i.':~"",,-::>>;<'::b,,"'':?<;'.'....:_
"'""',,---,--'--'-' ---.
~
(1- !" ~s---~
- ,.
'1ou,u
:~~:f ';"~:'~n'N~~ 'l'tI'fl) I.IC'I"'~N" ~~ !I''''_ lI'-I.tOll
o tIt'IOIU'OUI'I(lI"~'"tflll..".,)l'.tM'IS ,,,,..
. ~11O'n Sfr NO , 1I'-".l1t II. ",I\~, e~1' rt ~ ~~''''
~ utn(l'" (:O~"~"""'!tl
ro'I1:""'t." .nft. ~U l.fr,t,,,,"
ZUPANC/S
I1M,!"",,,1 r
100" tMtM"I'llI"'~"'III't',.\", I' M 'I 8 I!\( I:~ "'I ~"t e~""'" I:'f o~~,...ot^,,1 ~
...te." ';,I'.~" '~,)\Il~, u .v,l,61i: ..... ct;l>;,l", ''''':Mr. 6f '"",,;" I"..t _ '.
'liS MlHr', <'IS.6" .,;
S.fl!\~MfW. "",;/
I . ~~
'L R'l'~S.O.' t~!If'.12 tC"a~c".~~~'.,..,. /
l~ ___ ~nr.U u, ,.".,"U"'NrY ""tl' "nr'~"-':l_' 'i:;'r:....._____-~
I --7 ., "^___:,,,:{u~~I.'iiiO_"_ --,,-
1 J",'~"IJ()!..._!!.'~---- -----
"---7----' AVENUE
I SOUTH (RO,"' VARIES'/
.
S.8::O'tU'UO"f..
3 \
~ 'I ~,.
S (/2 toT 9
f'~
/
,-
g
.
('
~-
\
\
\
\
,
\
,
\,
)
.-; ,\
\ ',\ ,
'.:.. ';':;',\
--
./"
Lor 10
srur_ttl'lt
nl~~t:. HfJII$t:
"
.
~
..-
Lor II
,
~
"
~
t
~_ __n __,_
~
~
toT
I?
"--.... ",-UiTI
").fj~3 'ct,ft
"'-------
~,ll;;O-OO.W. ~
";,
~;
o
o
~
.
o
o
"",
,
,
''-,
"
n~!U 'r N<","'~'.'. filliP "H(
.
~
''-,
",
--.-
\....~.~$'()IIA<<
I
/
I
,
.
::;;:;~::::;;=:;.;"":E.:E::::;=
..... ...,.-......- ......-.--.--
.
. .i 7, ,(~'.
- -'1
I
1"-"
I.
I,,-n,
. ,
1\
I.
i
..1.
SUBD/V/SIQI'v
VICINITY MAr
3
~
~
~
tr),
~
"
'"
il
lw~
.\..)
;:(
Ct:
\
CNt:,$HJ/W ""~A1~ 1IOIJ.~I'
\
"'.
","",...,.. .1
.
... --. "..~
--K~ -...: r
'!,\[
, I
\1
"
o
.
.
'.
.
g
i
.
o
q
.
.'"
.--.
\
,\
.....\-_.....
'"
..\..::-..__......
\\
., \
!".~r .,
..:.
"
, Attachment. F~I.v
PROPOSED SUBDIVISION PLAT s. z.-crw
-'
-",- -'J
/
'.
.~~ ~.. .
"'I"
II:
LOT
?
B,OB3 !q It,
ItS."'"
,
~
~~u 1'0tl" u~.,.""t "',
~
_.r_
----
L---f
,/
Nt! i'iit-ll i~rl' He !lzt filHpt
L
2-
u!..
!-'-'''O(':-
Il'"'P,/Iif:
I."',.tJIt
""'_l
",","~J<
II ,r-'''''I&r
1J..".iMtl!L.
,. "-,,,pH
" r'''$n"
" H.f'(JI1'"
1.."--
III ,,',NtICt
III"::'..rc,
,."',fO,,,ltl
-:- t,t".,,,,,,,
..;. /t-'rllJI:f
.
,..,,,,,,
CAftM'CHA~t. IUlltVEVINI.INC.
~i;.:~nl: COlORADO SIU;'
f30;,.gn-onlon
.
.
'-
1.,-,
Box 114Bl
Aspen, CO 81612
March 12, 1996
Planning Dept
City of Aspen
130 S Galena St
Aspen. CO 81611
Dear Dave Michaelson:
Attached is our subdivision application. Included are:
1. The actual application form which lists, in addition to other
items. our (the applicant's) name. address and telephone number,
the name, address, and telephone number of our representative
authorized to act on our behalf. and the street address and legal
description of the parcel on which the development is proposed to
occur.
2. Written description of proposal and explanation of how proposed
development complies with review standards relevant to the
Development Application. '
3. Several attachments:
Attachment A: A copy of the current certificate from Lawyers
Title Insurance Corporation.
Attachment B: The only existing deed of trust against the
property, Bk 686, pg 33.
Attachment C: An 8 1/2" x 11" vicinity map locating the subject
parcel within the City of Aspen.
Attachment D: City map: I" = 400'
Attachment E: Letter from Jay Hammond Schmueser Gordon Meyer Inc
Attachment F: Blueline of Proposed Plat
Exhibit A
.---
,-,
Thanks for you help and patience. Please let us know if there is any
more detail or anything else we can provide for you. I understand we
will be notified of the date set for the hearing.
Sincerely,
~~~~
Robert Zupancis
~~
Silvia Davis
2
I""
~
TABLE OF CONTENTS
)2d.ge
I. Project Description 4
II. Land Use Application Form 5
III. Specific Submission contents: Subdivision 7
IV. Review Standards: Subdivision '11
V. Lawyer's Title Insurance Attachment A
VI. Current Deed of Trust on property . Attachment B
VII. Vicinity Map Attachment C
VIII . City Map: I" = 400' Attachment D
IX. Letter from Jay Hammond, Schmueser Gordon
Meyer Inc
Attachment E
X. Blueline of Proposed Plat
Attachment F
3
"......,
'-',
PROJECT DESCRIPTION
General: The applicants own a large city parcel on which are currently
situated two separate residential dwellings. The subject parcel is
located north of South Avenue, between Race and Walnut Street. Refer to
the Vicinity map that is contained in this packet as Attachment C. They
are seeking approval for subdivision of this larger lot into two lots.
each of which meets the minimum lot size requirements.
They are proposing a north/south lot line, so that each lot has limited
frontage on South Avenue. a very busy and noisy street. This can be
accomplished and still meet the minimum 60' lot width requirement. The
blueline of the proposed plat is included in this packet as Attachment
F. The westerly lot is labeled Lot 1; the easterly lot is labeled Lot
2. Each of the currently existing dwellings fits more or less on the
separate lots. In each case there is a small encroachment. Upon
approval, the applicants plan to demolish the dwelling that exists
primarily on Lot 1, a split level frame house, and to construct a new
single-family residence for themselves. The dwelling that exists on Lot
2 will encroach slightly upon Lot 1. The applicants are hoping that as
long as they own both lots, this will be acceptable to the planning and
zoning commission and city council. There will be the stipulation that
if the lot is sold, the dwelling must then be demolished, so that the
dwelling does not partially exist on "someone else's lot".
Because there are already two dwellings on the subject property, the new
plan does not differ drastically from what currently exists on the site.
Utilities are already in place. A temporary easement will probably be
required for sewer across Lot 1 for Lot 2. Also, an easement for
electric across Lot 2 for Lot 1 may be required. Wherever possible, all
redevelopment anticipates rerouting services to provide independent
service to each home and eliminating related easements. Exact building
design and floorplan have yet to be developed. City of Aspen BUilding
Code will dictate all the specifics of building height, setbacks, etc.
Specifics: The remainder of this packet will address all the specific
details requested.
4
r..
(""'\.
LAND USE APPLICATION FORM
1. Project Name: Zupancis subdivision
2. Project Location: 510 Walnut Street & 511 Race Street. Lot and
block number: S 1/2 Lot 9. all of Lots 10,11,12 in Block 3,
Williams addition to the City and Townsite of Aspen, plus a parcel
of land situated in the NE 1/4, SW 1/4, Section 7, Township 10
South, Range 84 West City of Aspen, Colorado.
3. Present zoning: R-6
4. Lot Size: 16,746 sq ft
5. Applicant's name. address. phone #:
Robert Zupancis
Silvia Davis
Box 11481
Aspen, CO 81612
920-2546 home
920-5180 work Silvia
6. Representative's Name. Address & Phone #:
Tom Baker
312 Teal Court, Aspen, CO 81611
920-9283; 945-5989 GWS; FAX 920-4126 or 945-5912
7. Type of Application:
xx Subdivision
8. Description of existina uses (number and tyPe of existing
structures: approximate sQ ft: number of bedrooms: anv previous
approvals aranted to the property):
510 Walnut Street:
1 residential dwelling
2,780 sq ft
5 bedrooms
511 Race Street:
1 residential dwelling
1,373 sq ft
3 bedrooms
5
,....
."""'"
9. Description of development application: Both dwellings exist on 1
legal description. Applicant wants to subdivide so that each
dwell ing has its OWn legal description.
10. The following are attached:
~ Minimum submission contents
~ Specific submission contents
~ Review standards: Subdivision
6
r-o-,
.~
SPECIFIC SUBMISSION CONTENTS: SUBDIVISION
Requirements of Planning Commission:
1a(1) The general application information required in Common Procedures,
Sec 6-202.
1a(2). Citv map: Shows location of proposed subdivision and all
adjacent lands and landmarks, and the Zon~ District in which the
proposed subdivision and adjacent properties are located. (I" =
400') Provided by City Engineer. (Attachment 'D)
1a(3). .e.J.AI;, Prepared by surveyor. I" = 100' or larger. Reflects
layout of lots, blocks and structures in the proposed subdivision.
24" x 36". Include also vicinity map that shows subdivision as it
relates to rest of city and street system in the area of the
proposed subdivision.
1a(3)(a). Name of proposed subdivision: Zupancis subdivision.
1a(3)(b). Plat contains
· Robert Zupancis' name, address and telephone number
· designer of proposed subdivision
· name of licensed surveyor (Carl Carmichael)
1a(3)(c). Includes location and boundaries of proposed subdivision.
1a(3)(d). Plat shows existing and proposed contours of the land in the
proposed subdivision at two-foot (2') intervals. where the slope
is less than ten (10%) per cent, and five-foot (5') intervals
where the slope is ten (10%) per cent or greater, and the
designation of all areas with slope greater than thirty (30%) per
cent. There is no slope greater than 10% on this parcel.
1a(3)(e). The plat shows location & dimensions of all existing streets,
alleys, easements, drainage areas, irrigation ditches, public and
private utilities, and other significant manmade or natural
features within or adjacent to the proposed subdivision.
1a(3)(f). The plat shows the new lot line. Otherwise, there are no new
proposed streets, alleys, easements, drainage improvements, or
utilities. In addition, no areas or structures reserved or
dedicated for public or common use in the proposed subdivision are
required.
"""
7
(""\
,"'"
la(3)(g). The plat shows location. size, and type of eXisting
vegetation and other natural landscape features, proposed limits
of any excavation or regrading, including location of trees with
trunk diameter of 6" or more and 4 112' above ground. Indicate
which trees are proposed to be. removed.
la(3)(h). NOT APPLICABLE. There are no areas that constitute natural
hazard areas including but not limited to snowslides, avalanche,
mudslide, rockslide and the 100-year flood plain.
la(3)(i). NOT APPLICABLE. The planning agency has required no
additional information on geological or soil stability, avalanche
potential, projected traffic generation, air pollution and similar
matters. There is no impact of this nature since there is no
increase in density.
la(3)(j). NOT APPLICABLE. There are no proposed new uti 1 ity systems,
drainage plans, surface improvements. or other construction
projects contemplated within the proposed subdivision. The
dwellings in the proposed subdivision must comply with the
standard FAR allowed by zoning, This proposed subdivision,
therefore, will have no adverse effect upon the surrounding area.
la(3)(k). Site data tabulation. 2 lots: one 8683 sq feet, the other
8063 sq feet. R-6 zoning as exists now. A single family dwelling
on each lot. Project each dwelling to have approximately 4
bedrooms. Ground coverage will be maximum or close to maximum
allowed. Parking required: I spot per each bedroom. Streets,
Sidewalks and open space: No open space is required pursuant to
Sec. 7-1004(c)-(5)(a). Additional streets and sidewalks not
required in subdivision.
la(3)(1). NOT APPLICABLE. This is not a division of land into
condominium interests, apartments or other multi-family or time-
share dwelling units.
la(3)(m). NOT APPLICABLE. Applicant owns no adjacent holdings.
la(3)n). Current utilities that service dwellings are:
natural aas: Rocky Mtn Natural Gas
electricity: Holy Cross Electric Corp
telephones: US West
sewer: Aspen Sanitation District
water: City of Aspen
8
,.....,
,-,
fire Protection: Aspen Fire Protection District
There is attached a letter from Jay Hammond of Schmueser Gordon
Meyer Inc (Attachment E). This engineering report describes the
util ities which will continue to service the proposed subdivision.
Additional application contents prior to review bv Citv Council: The
submission has the following contents:
2b(l) fINAL PLAT permanent ink on mylar. 24" x 36" with unencumbered
margin of 1 1/2" on left hand side and 1/2" margin on other 3
sides. It shall include:
· (a) Accurate dimensions for all lines, angles, and curves used to
describe boundaries, streets, setbacks, alleys, easements,
structures, areas to be reserved or dedicated for public or common
use and other important features. All curves shall be circular
arcs and shall be defined by the radius, central angle, tangent,
arc and chord distances. All dimensions, both linear and angular,
are to be determined by an accurate control survey in the field
which must balance and close within a limit of one (1) in ten
thousand (10,000).
· (b) A systematic identification of all lots and'blocks and names
for all streets.
· (c) Names of all adjoining subdivisions with dotted lines of
abutting lots. If adjoining land is unplatted, it shall be shown
as such.
· (d) An identification of the streets, alleys, parks, and other
public areas or facilities, and a dedication thereof to the public
use. An identification of the easements as dedicated to public
use. Areas reserved for future public acquisition shall also be
shown.
· (e) A written survey description of the area including the total
acreage to the nearest one-thousandth (0.001) of an acre.
· (f) A description of all survey monuments, both found and set,
which mark the boundaries of the subdivision, and description of
all monuments used in conducting the survey. The Colorado
Coordinate System may be used.
2b2. Statement by land surveyor explaining how bearings, if used, were
determined. Surveyor will provide on plat.
2b3. Certificate by registered land surveyor as to accuracy of survey
and plat, and a statement that the survey was performed in
9
f"",
,-,
accordance with Colorado Revised Statutes 1973, Title 38, Article
51, as amended from time to time. Surveyor will provide on plat.
2b4. A certificate by a corporate title insurer, that the person or
persons dedicating to the public the public rights-of-way, areas
or facilities as shown thereon are the owners thereof in fee
simple, free and clear of all liens and encumbrances. There are
no such dedications; therefore NOT APPLICABLE.
2b5. Certificates showing approval of the Final Plat by the City
Engineer, planning director and the Commission: Will be included.
2b6. A certificate showing approval of the plat and acceptance of
dedications and easements by the City Council, with signature by
the Mayor and attestation by the City Clerk. Will be included.
2b7. A certificate of filing for the Pitkin County Clerk and Recorder.
Will be included.
2b8. Complete engineering plans and specifications for all improvements
to be installed in the proposed subdivision. including but not
limited to water and sewer utilities, streets and rel ated
improvements, trails, bridges and storm drainage improvements. No
improvements to be installed, therefore NOT APPLICABLE.
2b9. A landscape plan showing location, size, and type of proposed
landscape features. Not required since no visual impact. NOT
APPLICABLE.
2b10. Copies of any monument records required of the land surveyor in
accordance with Colorado Revised Statutes 1973, Title 38, Article
53, as amended from time to time. NONE REQUIRED.
2bl1. Any agreements with utility or ditch companies, when applicable.
All utilities are in place and no new ones are required. NOT
APPLICABLE.
2b12. Any subdivision agreements as required by Sec. 7-~004(c)(3)
,
10
,......, ,,-,.
l
REVIEW STANDARDS: SUBDIVISION
1. General requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan: the proposed subdivision meets the minimum
lot size for the zone district.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area: with the potential of 2 new
houses, the proposed subdivision doesn't represent a departure
from what already exists - 2 single family dwellings.
c. The proposed subdivision shall not adversely affect the future
development of surrounding areas: there is no affect.
d. The proposed subdivision shall be in compliance with all
applicable requirements of this chapter: we meet all the
standards.
2a. land sui tabi 1 i tv. The engi neer' s report which is attached
(Attachment E) states that the proposed subdivision is not located
on land unsuitable for development because of flooding, drainage,
rock or soil creep, mudflow, rockslide, 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.
2b. Spatial pattern efficient. The engineer's report which is
attached (Attachment E) states that 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.
3. Improvements.
3a. Required improvements. The following improvements shall be
provided for in the proposed subdivision.
3a1. Permanent survey monuments, range points, and lot pins. There
will be new survey monuments.
3a2. Paved streets, not exceeding the requirements for paving and
improvements of a collector street. NOT REQUIRED.
II
,.....,
1""\.
3a3.Curbs, gutter, and sidewalks. Race Street is a narrow Right-of-
way with low pedestrian usage. Sidewalk and gutter are not
appropriate here. Walnut Street, likewise, has insufficient
vehicle and pedestrian traffic to warrant sidewalks and gutters..
3a4. Paved alleys. WE ARE PROPOSING NO PAVED ALLEYS.
3a5. Traffic-control signs, signals or devices. NONE REQUIRED.
3a6. Street lights. NONE REQUIRED. .
3a7. Street name signs. NOT ADDING NEW SIGNS.
3a8. Street trees or landscaping. NOT ADDING NEW LANDSCAPING.
3a9. Water lines and fire hydrants. ALREADY EXIST.
3alO. Sanitary sewer lines. ALREADY EXIST.
3all. Storm drainage improvements and storm sewers. The engineer's
report which is attached (Attachment E) states this project will
not create additional impacts to the City of Aspen's storm
drainage system. Nor will it require improvements or expansion of
the system. The property is not located in an area requiring
accommodation of a neighborhood drainage plan.
3a12. Bridges or culverts. NOT REQUIRED.
3a13. Electrical lines. ALREADY EXIST.
3a14. Telephone lines. ALREADY EXIST.
3a15. Natural gas lines. ALREADY EXIST.
3a16. Cable television lines. ALREADY EXIST.
3b. Approved plans. Construction shall not commence on any of the
improvements required by Sec. 7-1004(c)(3)(a) until a plan,
profile, and specifications have been received and approved by the
city engineer and, when appropriate, the relevant utility company.
NONE REQUIRED.
3c. Oversized utilities. In the event oversized utilities are
required as a part of the improvements, arrangements for
reimbursement shall be made whereby the subdivider shall be
12
~\
-.,
allowed to recover the cost of the utilities that have been
provided beyond the needs of the subdivision. NO INCREASE IN
DENSITY.
4. ~ The following design standards shall be
required for all subdivisions.
4a. Streets and related improvements. The following standards shall
apply to streets regardless of,type or si~e, unless the street has
been improved with paving, curb, gutter and sidewalk. NO NEW
REQUIRED. '
4a1. Conform to plan for street extension. Streets shall conform to
approved plans for street extension and shall bear a logical
relationship to the topography and to the location of existing or
planned streets on adjacent properties. NOT REQUIRED.
4a2. Riaht-of-way dedication. Right-of-way shall be dedicated for the
entire width for all local, collector and arterial streets. NOT
. REQUIRED.
4a3. Ri9ht-of-wav width. Street and alley right-of-way widths, curves
and grades shall meet the following standards.
Minimum
Street Center Li ne Right-of- Maximum
Classifi- Curve way Width PerCent
cation Radius Cft) .illl of arade (%)
Loca 1 100 60 10
Co 11 ector 250 80 6
Arteri a 1 625 100 5
Alley 50 20 5
NOT REQUIRED.
4a4. Half-street dedications. Half-street dedications shall be
prohibited unless they are for the purpose of increasing the width
of an, inadequate existing right-of-way. NO SUCH HALF-STREET
DEDICATIONS.
4a5. Street ends at subdivision. When a street is dedicated which ends
on the subdiviSion or is on the perimeter of the subdivision, the
last foot of the street on the terminal end or outside perimeter
13
,-,
/"".,~'\
of the subdivision shall be dedicated to the City of Aspen in fee
simple and shall be designated by using outlot(s). The City shall
use the dedicated land for public road and access purposes. NO
SUCH STREET.
4a6. Cul-de-sacs. Cul.de-sacs shall not exceed four hundred (400')
feet in length. and shall have a turnaround diameter of one hundred
(100') feet. A Cul-de-sac of less than two hundred (200') feet in
length in a single-family detached residential area does not
require a turnaround if the City Engineer determines a "T", "Y" or
other design is adequate turnaround for the vehicles expected to
use the Cul-de-sac. NO CUL-DE.SACS.
4a7. Dead end streets. Dead-end streets, except for cul-de-sacs, shall
be prohibited unless they are designed to connect with future
streets on adjacent lands that have not been platted. In cases
where these type of dead end streets are allowed, a temporary
turnaround of one hundred (100') feet shall be constructed. NO
DEAD-END STREETS.
4a8. Centerline offset. Streets shall have a centerline offset of at
least one hundred twenty-five (125') feet. NO NEW STREETS.
4a9. Reverse curves. Reverse curves onarteri a 1 and collectors streets
shall be jointed by a tangent of at least one hundred (100') feet
in length. NO REVERSE CURVES.
4a10. Chances in street grades. All changes in street grades shall be
connected by vertical curves of a minimum length in feet
equivalent to the follOWing appropriate "K" value multiplies by
the algebraic difference in the street grades.
Street
Classification
Collector ~
Arterial
"K" value for:
Crest vertical Curve
28 16
55
Sag vertical curve
NO NEW STREETS.
35 24
55
4a11. Allevs., Alleys shall be provided in subdivisions where
commercial and industrial development is expected, except when
other provisions are made and approved for service access. NO
ALLEYS.
14
,~,
~..
4a12. Intersections, Intersections shall approximate right angles and
have a minimum tangent of fifty (50') feet on each leg. The
subdivision design shall minimize the number of local streets that
intersect arterial streets. NO NEW INTERSECTIONS.
4a13. Intersection arade. Intersection grades shall not exceed four
(4%) per cent for a minimum distance of one hundred (100') feet on
each leg. Flatter grades are desirable. . NO NEW INTERSECTIONS.
4a14. Curb return radii. Curb return radii for local street
intersections shall be fifteen (15') feet. Curb return radii and
corner setbacks for all other types of intersections shall be
based upon the expected types of vehicle usage, traffic volumes
and traffic patterns using accepted engineering. standards. In
case of streets which intersect at acute angles, appropriate
increases in curb return radi isha 11 be made for the necessary
turning movements. NO NEW INTERSECTIONS.
4a15. Turn by-passes and turn lanes. Right-turn by-passes or left-turn
lanes shall be required at the intersection of arterial streets or
the intersection of an arterial street with a collector street if
traffic conditions indicate they are needed. Sufficient right-of-
way shall be dedicated to accommodate such lanes when they are
required. NO NEW INTERSECTIONS.
4a16. Street names and numbers. When streets are in alignment with
existing streets, any new. streets shall be named according to the
streets with which they correspond. Streets which do not fit into
an established street-naming pattern shall be named in a manner
which will not duplicate or be confused with existing street names
within the city or its environs. Street numbers shall be assigned
by the city bUilding inspector in accordance with the city
numbering system. NO NEW STREETS.
4a17. Installation of curb autter. sidewalks. or driveways. No finish
paving, curb, gutter, sidewalks or driveways shall be constructed
until one (1) year after the installation of all subsurface
utilities and improvements. Per conversation with city engineer,
this is not applicable.
4a18. Sidewalks. Sidewalks shall be eight (8') feet wide in all
Commercial Core (CC), commercial (Cl), Neighborhood commercial
(NC), and Commercial Lodge (CL) Zone Districts and five (5') feet
wide in all other zone districts Where sidewalks are required.
15
,-..
,'-',
Consideration shall be given to existing and proposed landscaping
when establishing sidewalk locations. Applicant had meeting with
city engineer. Race Street is a narrow Right-of-way with low
pedestrian usage. Sidewalk and gutter are not appropriate here.
Walnut Street, likewise, has insufficient vehicle and pedestrian
traffic to warrant sidewalks and gutters
4a19. Citv specifications for streets. All Streets and related
improvements shall be constructed in accordance with city
specifications which are on file in the office of the city
engineer. NO NEW STREETS.
4a20. Ranaepoint monuments. Prior to paving any street, permanent
range point monuments meeting the standards of Sec. 7-
1004(c)(4)(d) shall be installed to approximately finished grade.
Permanent range point boxes shall be installed during or as soon
as practicable after paving. NO NEW STREETS.
4a21. Street name signs. Street name signs shall conform to the type.
currently in use by the city. STREET NAME SIGNS ALREADY EXIST.
4a22. Traffic control sians. Any required traffic-control signs,
signals or devices shall conform to the "Manual of Uniform Traffic
Control Devices." TRAFFIC CONTROL SIGNS ALREADY EXIST.
4a23. Street lights. Street lights shall be placed at a maximum
spacing of three hundred (300') feet. Ornamental street lights
are desirable. STREET LIGHTS ALREADY EXIST.
4a24. Street tree. One (1) street tree of three-inch (3") caliper for
deciduous trees measured at the top of the ball or root system, or
a minimum of six. foot (6') height for conifers, shall be provided
in a subdivision in residential zone districts for each lot of
seventy foot (70') frontage or less, and at least two (2) such
trees shall be provided for every lot in excess of seventy feet
(70') frontage. Corner lots shall require at least one (1) tree
for each street. Trees shall be placed so as not to block sight
distances at driveways or corners. The city parks and recreation
department shall furnish a list of acceptable trees. Trees,
foliage and landscaping shall be provided in subdivisions in all
other zone districts in the city in accordance with the adopted
street landscaping plan. Applicant will comply.
4b. Easements
16
""
.~
4bl. Utilitye9sements. Utility easements of ten (10') feet in width
on each side of all rear lot lines and five (5') feet in width on
each side of lot lines shall be provided where necessary. Where
the rear or side lot lines abut property outside of the
subdivision on which there are no rear or side lot line easements
at least five (5') feet in width, the easements on the rear and
side lot lines in the subdivision shall be twenty (20') feet and
ten (10') feet in width, respectively. WATER: no easement
necessary because water lines available from 8" diameter water
main in South Avenue, Race Street, or Walnut St. SEWER: No
easement necessary because sewer available within Walnut Street
corridor and from eXisting 8" diameter main collector in South
Ave. ELECTRICITY: Appears that an easement is necessary across
Lot 2 to accommodate Lot 1. NATURAL GAS, CABLE TELEVISION, AND
TELEPHONE: No easement necessary; service to either parcel would
be available subject to normal service construction and connection
charges.
4b2. 'T' intersections and cul-de-sacs. Easements twenty (20') feet in
width shall be provided in 'T intersections and cul-de-sacs for
the continuation of utilities or drainage improvements, if
necessary. NOT NECESSARY.
4b3. Potable water and sewer easements. Water and sewer easements
shall be a minimum of twenty (20') feet in width. WATER AND SEWER
EASEMENTS NOT NECESSARY.
4b4. Planned utility or drainaae svstem. Whenever a subdivision
embraces any part of a planned utility or drainage system
designated on an adopted plan, an easement shall be provided to
accommodate the plan within the. subdivision. There is no planned
utility system. Per the engineer's report (Attachment E) there
will be no additional impacts to City of Aspen's storm drainage
system. Nor will it require improvements or expansion of the
system.
4b5. Irrigation ditch. channel. natural creek. Where an irrigation
ditch or channel, natural creek or stream traverses a subdivision,
an easement sufficient for drainage and to allow for maintenance
of the ditch shall be provided. NOT APPLICABLE. THERE IS NO
IRRIGATION DITCH OR CHANNEL, NATURAL CREEK OR STREAM THAT
TRAVERSES THIS PROPOSED SUBDIVISION.
17
r-,.
~
4b6. Fi re 1 anes and emerqency access easements. Fi re 1 anes and
emergency access ea$ements twenty (20') feet in width shall be
provided where required by the city fire marshal. NOT REQUIRED.
4b7. Planned street or transit alignment. Whenever a subdivision
embraces any part of an existing or planned street or transit
alignment designated on an adopted plan, an easement shall be
provided to accommodate the plan within the subdivision. NOT
APPLICABLE. NO SUCH EASEMENT REQUIRED.
4b8. Planned trail system. Whenever a subdivision embraces any part of
a bikeway, bridle path, cross country ski trail or hiking trail
designated on the Aspen Area Comprehensive Plan: Parks/
Recreation/ Open Space/ Trails Plan Map, an easement shall be
provided to accommodate. the plan within the subdivision. NOT
APPLICABLE. THE PROPERTY IS NOT ENCUMBERED BY ANY SUCH BIKEWAY,
BRIDLE PATH, CROSS COUNTRY SKI TRAIL OR HIKING TRAIL.
4c. Lots and blocks.
4cl. General. Lots shall meet all applicable regulations of this
chapter.
4c2. Side lot lines. Side lot lines shall be substantially at right
angles or radial to street lines. THIS REQUIREMENT HAS BEEN MET.
4c3. Reversed corner lots and through lots. Reversed corner lots and
through lots shall be prohibited except where essential to provide
separation from arterial streets because of slope, or to prevent
the development of incompatible land uses. NOT APPLICABLE.
4c4. Front on street. All lots shall front on a public or private
street. THE FRONT OF EACH OF THESE LOTS FACES SOUTH AVENUE.
4c5. State Highwav 82. No lot shall front On, nor shall any private
driveway access to State Highway 82. NOT APPLICABLE.
4c6. Block 1 engths. Block 1 engths shall normally be at 1 east four
hundred (400') feet in length and not more than one thousand four
hundred (1400') feet in length between street intersections. NOT
APPLICABLE.
4c7. Compatibility. Block lengths and widths shall be suitable for the
uses contemplated. NOT APPLICABLE.
18
r'I
r'I
4c8.Mid-block pedestrian walkways. In blocks over five hundred 500')
feet long, mid-block pedestrian walkways shall be provided. NOT
APPLICABLE.
4d. Survey monuments.
4dl. Locati on. The. external boundari es of all subdi vi si ons, blocks and
lots shall be monumented On the ground by reasonably permanent
monuments solidly embedded in the ground. These monuments shall
be set not more than fourteen hundred (1400') feet apart along any
straight boundary line, at all angle points, arid at the beginning,
end and points of change of direction or change of radius of any
curved boundaries. SURVEYOR WILL COMPLY.
4d2. CRS 1973 38-51-101. All monuments shall be set in accordance with
the provisions of CRS 1973 38-51-101. as amended from time to
time, unless otherwise provided for in this chapter. SURVEYOR
WILL COMPLY.
4d3. Range points and boxes. Range points and boxes meeting city
specifications shall be set on the centerline of the street right-
of-way unless designated otherwise. SURVEYOR WILL COMPLY.
4d. Utilities.
4e1. Potable waterlines and appurtenances. All potable waterlines,
fire hydrants and appurtenances shall meet the city's standard
specifications on file in the city engineer's office. Lots will
be serviced by city water system.
4e2. Size of waterlines. All potable water lines shall be at least
eight (8") inches in size unless the length of the line is less
than two hundred (200') feet in length, its minimum size shall be
six (6") inches in width. NOT APPLICABLE. Lots will be serviced
by city water system.
4e3. Fire hvdrants. Fire hydrants shall be spaced no farther apart
than five hundred (500') feet in detached residential and duplex
subdivision. Fire hydrants shall be no farther than three hundred
fifty (350') feet apart in multi-family residential, business,
commercial, service and industrial subdivision. FIRE HYDRANTS
ALREADY EXIST AND ARE SHOWN ON PLAT. Engineer's report
(Attachment E) also describes location of fire hydrants.
19
.~.
,-,
4e4. Sanitary sewer. Sanitary sewer facilities shall meet the
requirements of the Aspen Consolidated Sanitation District.
Engineer's report (Attachment E) contains comments by the Aspen
Consolidated Sanitation District.
4e5. Underground utilities. All utilities shall be placed underground,
except transformers, switching boxes, terminal boxes. meter
cabinets, pedestals, and ventilation ducts. ALL UTILITIES IN
PLACE. THERE WILL BE NO NEW UTILITIES.
4e6. Other utilities. Other utilities not specifically mentioned shall
be provided in accordance with the standards and regulations of
the applicable utility department or company. NOT APPLICABLE.
THERE ARE NO OTHER UTILITIES.
4e7. Utilities stubbed out. All utilities shall be stubbed out at the
property line of lots. NOT APPLICABLE. UTILITIES EXIST ALREADY.
4f. Storm drainage.
4f1. Drainaae plan. The drainage plan for the proposed subdivision
shall comply with the criteria in the city's "Urban Runoff
Management Plan." The engineer's report (Attachment E) addresses
the drainage for these lots.
4f2. Detention storaae. Short-term on-site detention storage shall be
provided to maintain the historical rate of runoff for the 100-
year storm from the undeveloped site. The engineer's report is
attached. (Attachment E).
4f3. Maintain historical drainaae flow. In cases where storm runoff
from an upstream basin passes through the subdivision, the
drainage plan shall provide adequate means for maintaining the
historical drainage system. The engineer's report is attached
(Attachment E).
4f4. Calculations and quantities of flow. The drainage plan shall
include calculations and quantities of flow at the points of
concentration. The engineer's report is attached (Attachment E).
4g. Flood hazard areas. The following standards shall apply to
special flood hazard areas as defined in Sec 7-504 of the
Municipal Code. NOT APPLICABLE.
20
("",
r-"
4g1. The proposed subdivision design shall be consistent with the need
to minimize flood damage to public utilities and facilities such
as sewer, gas, electricity, and potable water systems. The
engineer's report is attached (Attachment E).
4g2. Base flood elevation data shall be provided for any proposed
subdivision of at least fifty (50) lots or five (5) acres,
whichever is less. NOT APPLICABLE.
5. Affordable Housing. A subdivision which is comprised of replacement
dwelling units shall be required to provide affordable housing in
compliance with the requirements of Art. 5, Div. 7, Replacement
Housing Program. A subdivision which is comprised of new dwelling
units shall be required to provide affordable housing in
compliance with the requirements of Art 8., Growth Management
Quote System. NOT APPLICABLE. POTENTIALLY, 2 NEW SINGLE FAMILY
DWELLINGS WILL REPLACE 2 OLD SINGLE FAMILY DWELLINGS.
21
Legal Description
*34766508/12/92 15.55 Roc $30.00 8K 6B6 PB J<<~!
,_~.~~"~~~: DilVi., ~~.~ki~..~~~Y". ~~1'~!:_~~'_7~~:_.!~_?_?.'_"u",,__,,:~'
IbJth cra-holf tot Il1no en! aU of Lots ton, e1ewn en! 1:welve in
Block _ (Sl/2 tot 9, aU of Lots 10, 11 en! 12 in Block 3)
wm'-1d:ll.t1a1.totho City OR! _ta of hIpen, "'-1:1... with aU
~ 1hmlon.
A _ of lanl 81_ in tho 11I1/4, SIl1/4, Ilact1a\ 7. 'I'oonlhip
10 south, Ilonge 84 _. City of Aspen, "',......... belzv IIm8 fully
dI!I8:::ritled ea f'a1.1aw8:
~ ettha SB CklmED: of lot 12, B1cx:k 3, l"'H- Md1t1au
.' thenc8 SCUtb 40-33'07- lIBst, 36.01 feet,
t:hn:e SaJt:h 83-49'00. WBBt,43.M feet,
tIBCO 58.72 _ a1av tho am of a 0JrJe to tho righ1: hav1zv a
_of245_,. . . ... ,,'.
tIBCO IbrtlI 00'40'00' East, 32.82 _to tI& SIl CXlI:IlIli of 8Ilid tot
12, '
tllerallbJth 89'20'00' East, 125.00 feo1: ala1g thllbJth Ix1nlaxr llnB
of 8Ilid tot 12 to tho R>lnt of 1log1m!rv,
".,'
County of Pitkin.
State of Colorado
-'~4;~';~;~{;~~~;~;'~':' ,;,"f\C-;.'~'~,,~;,>-',~;~. ,>. '..,
. h..$'~' ~::": "'~';'V~! "",.J..~., . .~.,,~'i!'r- ," " _,< "',.
:":';";"'~"'~I~.;'.e';;",5;;;,~t.--'i.;;t.-J/.'::'~ ,:' . ..-
._......-.~I.(...""t.;A......:~':'\'".~.. ,,~.;..-"" '" .'"
, '~l' ".J.' .., -:-"_' ;', -... t,~ ..,'
;.7", -
~ J.;,~'~. '''/
,0", :.. ~
..' ,- ~
'. ,:' ~y'.y.~~' :.. --
.1 ,S ;,.:~~~!
',.,
-.r'
:
. ,
.....
.- ~:~
. ,~.
"
.~.
.'
"
.,':
.'..... ..
~ . Xt.j~l:}~:;
<
..
'.
"
~~~,~{j ~-~~'m11\lrt{,('/r ~ ,-
a c::J ~ "'"" r",~, ( i"'" I C ~:::-\
. \.:: ,../.f JL~' _~~ ATTACHMENT C .., < .\5
~" ~~ -/f; '.' 'I VICINITY MAP ~ ~~ '
-;;)~I,[1..!.) (~.Ui :\ ,,\\
~ D i .\<O} l~' \ \ ' .r.;. ~
" 'I, - 'Y ;~ X ~r ,,,\ " \:
"~t' 0 -:1;' 0 ~)~ ('i ~ I ~
~r C Y' ;;~go~~"~ ~(n2:l ,\'(~\~~~~~
~ ,\;,;': , . b- 'w ~?'..~ n_"j) ~:?~,"'\~"-";;;
~~....,~\ ~~ '". ,,~;o ~ ~ ~-:~~~ ~I J? ~
'\-" a '...r'" If oor '~'.~I\\J '\~I
,v., ~ #~p ~~,1;;1\~.,~~~~~~- v
~~_ ~ 4'" ,..'G'",- \\ of ~ '~'. 7'r1e> 'V
t:::::;:J t! ,'. ~ ')~ \:: '\ ~~ ll;iiJDTJ ~ ' ~
?" '!;c~ ~ ~~~Dlr ~~
: i \ ~~:\,dw~~ ~ '-"0:(' ()~ '7fI;!;!Q .... . ~
~~ ~&~~~".~~ 1) ~~~~ bjn~l ~ IJ,'.l!j Df) ,... ~ ~
r' -\-- 0 ," \.::- r' r'~:'\ _ q "-i; .~~r?oa ~ lJu/Ja \...~'
~o P '\ \ Q 0' ~. "(J. IF ~'fiU,5 -- r:
_ <~~~\,'.< \~". ~ Jj,/~ rJ II
n-' - "'- () ~\' ~~-, ~ ~,
. t !/"'""..... '<:..... " ", ' ~f;, liPa .f1' '1!;.CiJ.f:] ,'-..
i' ,l -;....... r' ,\\ 0 ,~. .9fL~ "Cb i'..: '..:! da~~!ll:1Q ~~",=, '~~
.0 i"'--,/ --'1 .;:;" " ~~Qn'oG'~D .' ..... 'F 9 It
u ~\ ..JI',,' ~ . C20 ~tpt:::Jj ~.~\"""
l m):; '0 HoD. Jll ~0 . ~ . \ Do lJ 0 IJ ^--;:,.. ~ :s
---o)K 0 C:lr--='~!=I', /. ~ 'tP . ~oIJ ..,
. ~ JUDo c t ~ f\,.f JJf~( 0 !.~~l~:)\" {iD\\ C
~- e;-..: CJ 1J.. CU;-1::l \l~Cl ~~. .~ ..~,.. ,":::--=::::.:~~ a ~~\
fl\ ~ 14, lPLI'l I ~ ~_. -- ., ,Ir ~. ~& I 51 ~~
-:; IIf ciiJbJU,Ij' JO' dO~~' ,.?J,JII'~\J~
?CJ~~ ,wfBa. ....~ [lenD tl""" ""DO '.J,':1!:!~O\\ ~iJO\
'II I U I ~o ~I ~~1,j JIr"'" ~ Wt...I ~'r "<...J,\1\,~ ~ %1
. ,~ '.., ' ~ I~ OOQU 00000 I~ 1\.- b~O ~\\ oc:J ~ g
'J. ' , ' .' }... ~~((o ~\'\',t,
~,""'rn~l n ~,~l7 iPO:GlID no!]ilH' .~\ ~')\tG'~~ ~
i ' . r- I, ~ '-u-' ,u . ,J If I~~ DQOO1~~~ rI/\\:Q. to ~
" . :::r- ..._-~ I r f " r 11 . Hnn l? (j Flo rf) "1r:.1ffi~Q ~
~
~
. ,
~
.'''-'I!_'''-'''-'''-'''-'''-'''-'''-''n'-'''-'''-'''-'''-'''_.~'-'",.."-."-.f.....'''-.'_.,,_.,,_.,,_.,,_.,,_.,,~.,,_.,,-
~wyerslitle
Insurance @rporation
NAnONALHEADQUARTERS
RICHMOND. VIRGINIA
r ATTACHMENT A I
OWNER'S POLICY NUMBER
113 - 00 -456232
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS. LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation, herein called the
Company. insures. as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A. sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2, Any defect in or lien or encumbrance on the title;
3, Unmarketability Of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs. attorneys' fees and expenses incurred in defense of the title, as insured. but only to the extent
provided in the Conditions and Stipulations,
Attest:
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A Is countersigned
by an authorized officer or agent of the Company, all in accordance with its BV'Laws,
li!.wyelS Jde Insurance @rporatlon
BY~ ~ (E. ~i'f!.
....- ' - 'jI' President
.2w.~~
Secretary,
EXCWSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law. ordinance or governmental regulation (including but not limited.to buiiding and zoning laws. ordinances. or regulations) restricting, regulating,
prohibiting or reiating to (i) the occupancy. use. or enjoyment ofthe land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownerShip or a change in the dimensions or area of the iand Or any parcel of which the land is Or was a
part; or (iv) environmental protection. or the effect Of any violation of these laws, ordinances or governmental regulations, except to the extent that
a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resutting from a violation or alleged violation affecting the land
has been recorded in the pUblic records at Date of Policy,
(b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or
encumbrance resulting from a violation Or alleged violation affecting the land has been recorded in the public records at Date of Policy, '
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims Or other matters:
(a) created. suffered. assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured ciaimant became an insured under this policy;
(c) resulting in no ioss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained ff the insured claimant had paid value for the estate or interest insured by this policy,
...1_.11_..1_..1_..1_..1_..._..1_..1_.1(_..1....._..._..I_..,_..I_..I_..I_..I_..,_~.I_..,__.I_..I_..I_..I_..I_..._.11_..'__11_
Policy 113/99 Litho in U.S.A.
035-0-113/99-0006
Cover Sheel ALTA OWner's Policy (to,.21.s7)
. .
, .
, , , , , al,NDITIONS AND STIPULATIONS-CONTIN4JiI\
ot. an Insured claimant a~y claim Insured agalns{'er this pOlicy. together 10. REDUCTION OFI. iJRANCE; REDUCTION OR TERMINATION OF
with any costs, attorneys t.ees and expenses Incurred by the Insured claim. LIABILITY. '
a~t ";,h~~h were authOrized by the Company up to the time at. payment and All payments under this policy. except payments made for costs attorneys'
w IC ,e('I'I)CtoompaPyanyor 'oSthOebligated tttOI paYt;hotrh' ed I ' h I fees and expenses. shall reduce the amount of the insurance p~ tanto.
rwlse se e WI e tnsur calmant t e OSS or ....
damage provided for under this policy, together with any costs, attorneys' 11. LIABILITY NONCUMULATIVE.
t.ees and expenses incurred by the insured claimant which were authorized It IS expressly understood thattheamount of insurance under this poiicy
by the Company uptothetimeat.paymentand which the Company is obligated shall be reduced by any amount the Company may pay under any policy
to pay, insuring a mortgage to which exception is taken in Schedule B or to which
, Upon the exercise ~y the Company of either of the options provided for the insured has agreed. assumed. or taken subject. or which is hereafter exe-
In paragraphs (b)(I) or (II), the Company's Obiigations to the insured under cuted by an Insured and which IS a charge or lien on the estate or Interest
this policy for the ciaimed loss or damage. other than the payments required deSCribed or ret.erred to '~ Schedule A, and the amount so paid shall be deem.
to be. made, shall terminate. including any liability or obligation to defend. ed a payment under thiS policy to the Insured owner.
prosecute or continue any litigation, 12. PAYMENT OF LOSS.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE, (a) Nopaymentshallbemadewithoutproducingthispolicyforendorse-
This policy is a contract ot. indemnity against actuaf monetary loss or ment of the payment unless the policy has been lost or destroyed., in which
damage sustained or incurred by the insured claimant who.has suffered loss case proot. ot. loss or destruction shall be t.urnlshed to the satisfaction of the
or damage by reeson ot. matters insured against by this policy and only to ' Company, " ,
the extent herein described, (b) When liability and the extent ot.loss or damage has been det.inite!y
(a) The liability ot. the Company under this policy shall not exceed the fixed in accordance IVith these Conditions and Stipulations, the loss or damage
least ot.: shall be payabfe Within 30 days thereafter.
(i) the Amount ot. Insurance stated in Schedule A; or. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(ii) the difference between the value of the insured estate or interest (a) The Company's Right ot. Subrogation.
as insured and the value at.the insured estate or interestsubjectto the det.ect, Whenever the Company shall have settled and paid a claim under this
lien or encumbrance insured against by this policy, policy. all right ot. subrogation shall vest in the Company unaffected by any
(b) In the event the Amount ot. Insurance stated in Schedule A at the act of the insured claimant.
Date of Policy is less than 80 percent ot. the value ot. the insured estate or The Company shall be subrogated to and be entitled to all rights and
interest or the full consideration paid t.or the land, whichever is less. or it. subse- remedies which the insured claimant would have had against any person
quent to the Date ot. Policy an improvement is erected on the land which or property In respecttotheclaim had this policy not been issued, It. requested
increases the value orthe insured estate or interest by at least 20 percent by the Company. the insured claimant shall transt.erto the Company all rights
overthe Amount of Insurance stated in Schedule A, then this Policy is subject and remedies against any person or property necessary in order to pertect
to the t.ollowlng: thiS right of subrogation, The Insured claimant shall permit the Company to
(i) where no subsequent improvement has been made, as to any sue, compromise or settle in the name at. the ,insured claimant and to use
partial loss, the Company shall only pay the loss pro rata in the proportion the name of the 1,0sured claimant In any transaction or litigation InvolVing these
that the amount at. insurance at Date of Policy bears to the total value ot. the rights or remedies.
insured estate or interest at Date of Policy; or If a payment on account ot. a claim does not t.ully cover the loss ot. the
(ii) whereasubsequentimprovementhasbeenmade.astoanypar, insure9 claimant, the Company shall be su~rogated to these rights and
tialloss. the Company shall only pay the loss pro rata in the proportion that remedies In the propomon which the Company s payment bears to the whole
120 percent at. the Amount of Insurance stated in Schedule A bears to the amount ot. the loss,
sum ot. the Amount ot. Insurance stated in Schedule A and the amount It. loss should resulUrom any act oHhe insured claimant, as stated abo ve.
expended for the improvement. that act shall not void this policy, but the Company, in that event, shall be
The provisions of this paragraph shall not apply to costs. attorneys' fees required to pay only that part of any losses insured against by this policywhich
and expenses t.or which the Company is liable under this policy, and shall shall exceed the amount; If any. lost to the Com~any by reason oHhe Impair'
only apply to that portion ot. any loss which exceeds. in the aggregate. 10 ment by the Insured claimant of the Company s nght ot. subrogation,
percent of the Amount of Insurance stated in Schedule A. ' (b) The Company's Rights Against Non-insured Obligors.
(c) The Company will pay only those costs, attorneys' fees and expenses ' The Company's right at. subrogation against non.insured obligors shall
incurred in accordance with Section 4 of these Conditions and Stipulations, eXist and shall. Include. without limitation. the rights ot. the insured to indem.
nltles, guaranties. other poliCies of insurance or bonds, notwithstanding any
8. APPORTIONMENT." t~rms or conditions COntain~ in those instruments which provide for subraga.
It. the land deSCribed In Schedule A consists at. two or more parcels which tlon rights by reason of thiS policy,
are not used as a single site. and a loss is established affecting one or more 14 ARBITRATION
ot. the parcels but not all, the loss shall be computed and settled on a pro' , , . " ,
rata basis as if the amount of insurance under this policy was divided pro Uniess prohibited by applicable law. eitherthe Company orthe Insured
rata as to the value on Date at. Policy at. each separate parcel to the whole. may demand arbitration pursuant to the Title Insurance Arbrtratlon Rules of
exclusive of any improvements made subsequent to Date ot. Policy, unless the American Arbitration AsSOCiation, Arbitrable matters may Include" but are
a liability or value has otherwise been agreed upon as to each parcel by the n()t limited to. any controversy or claim between the Company and the Insured
Company and the insured at the time at.the issuance ot. this policy and shown arising out ot. or relating to thiS policy. any service of the Company In connec'
by an express statement or by an endorsement attached to this pOlicy tlon With ItS Issuance or the breach ot. a policy provision or other obligation,
, All arbitrable matters when the Amount ot.lnsurance is $1,000,000 or less
9. LIMITATION OF LIABILITY. shall be arbitrated at the option ot. either the Company or the insured, All
, (a) If the Company establishes the title, or removes the alleged det.ect, arbrtrable matters when the Amount at. Insurance is in excess of $1 .000,000
lien or encumbrance. or cures the lackot. a right at. access to or t.rom the land. shall be,arbrtrated only when agreed to by both the Company and the insured,
or, ,cures the claim of unmarketability of title, all as insured. in a reasonably Arbitration pursuant to Jhis policy and under the Rules in effect on the date
diligent manner by any method. including litigation and the completion ot. the demand for arbitration IS made or. at the option oHhe insured. the Rules
any appeals therefrom. it shall have My pertormed its obligations with respeCt In effect at Date ot. Policy shall be binding upon the parties. The award may
to that matter and shall not be liable for any10ss or damage caused thereby, Include attorneys' fees only if the laws ot. the state in which the land is located
(b) In the event ot. any litigation, including litigation by the Company Of permit a court to award attorneys' fees to a prevailing party, Judgment upon
with the Company's consent, the Company shall have no liability t.or loss or the a-.yard rendered by the Arbltrator(s) may be entered In any court having
damage until there has been a t.inal determination by a court of competent jUrisdiction thereof. ,
jurisdiction, and dispOSITion ot. all appeals therefrom, adverse to the tITle as The iaw of the SitUS of the land shall apply to an arbitration under the
insured, Title Insurance Arbrtration Rules,
(c) The Company shall not be liable for loss Qr,damage to any insured A copy oHhe Rules may be obtained t.rom the Company upon request.
for liability voluntarily assumed by the insured in settling any claim or suit wrthout 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
the prior written consent of the Company, (a) This policy together with all endorsements. it. any, attached hereto
continued on remainder of cover sheet
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A. and, sUbject to any
rights or defenses the Company would have had against the named insured.
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase inciuding. but not Iimoed to, heirs. distributees.
devisees, survivors~ personal representatives, next of kin, or corporate or
fiduciary successors. .
(b) "insured ciaimant": an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defihed in this policy or any other records which impart
constructive notice of matters affecting the iand,
(d) "land": the land described or referred to in Sched,ule A. andim-
provements affixed thereto which by ,law constoute reai property, The term
. 'Iand" does not inciude any property beyond the Iin~ of the area described
or referred to in Schedule A. nor any right. title, interest, estate or easement
in abutting streets, roads. avenues, alleys, lanes. waysor waterways. but nothing
herein shall modify or limit the extent to which a right of access to and from
the land is insured by this policy,
(e) "mortgage": mortgage, deed of trust. trust deed, or other security
instrument.
(Q "pUblic records": records established under state statutes at Date
of Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and wohout knowledge, With respect
to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall
also include environmental protection liens filed in the records of the clerk
of the United States district court for the district in which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter affec-
ting the title tothe land, not excluded or excepted from coverage, which would
entitle a purchaser of the eetste or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractuai condoion
requiring the deiivery of marketable tole,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OFTITLE,
The coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so iong as the insured retains an estate or interest
in the land, or hoids an indebtedness secured by a purcnase money mor-
tgage given by a purchaser from the insured. or only so long as the insured
shall have liability by reason of covenants of warranty made by the insured
in any transfer or conveyance of the estate or interest. This policy shall not
continue in force in favor of any purchaser from the insured of either (i) an
estate or interest in the land, or (ii) an indebtedness secured by a purchase
money mortgage given to the insured,
3. NOTICE OF CLAIM 10 BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of tole or interest which is adverse
to the title to the estate or interest, as insured, and which might cause loss
or damage for which the Company may be liable by virtue of this policy, or
(iii) if @e to the estate or interest. as insured, is rejected as unmarketabie.
If prompt notice shall not be given to the Company, then as to the insured
allliabilily of the Company shallterminate with regard to the matter or matters
for which prompt notice is required: provided, however, that failure to notify
the Company shall in no case prejudice the rights of any insured under this
policy unless the Company shall be prejudiced by the failure and then only
to the extent of the prejudice,
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT 10 COOPERATE.
(a) Upon written request by the insured and subject to the options con-
tained in Section 6 of these Conditions and Stipulations. the Company, at
its own cost and without unreasonable delay. shall provide for the defense
of an insured in litigation in which any third party asserts a claim adverse to
the title or interest as insured. but only as to those stated causes of action
alleging a defect. lien or encumbrance or other matter insured against by
this policy, The Company shall have the right to select counsel of os choice
(subject to the right of the insured to Object for reasonable cause) torepre-
sent the insured as to those stated causes of action and shall not be liable
for and will not pay the fees of any other counsel. The Company will not pay
any fees. costs or expenses incurred by the insured in the defense of those
causes of action which allege matters not insured, against by this policy,
(b) The Company shall have the right. at its own cost, to institute and
prosecute any action or proceeding afto do any other act which in its opinion
may be recessary or desirable to establish the title to the estate or interest.
,I'""'- CONDITIONS AND STIPULATIONS ..-..
as insured, or to prevent~. . educe loss or damage to the insured, The Com-
pany may take any appropriate action under the terms of this policy. whether
or not 0 shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this policy, lithe Company shall exercise its rights under
this paragraph, it shall do so diligently,
(c) Whenever the Company shall have brought an action or interpoSed
a defense as required or permitted by the proviSions of this policy, the Com-
pany may pursue any litigation to finai determination by a court of competent
juriSdiction and expressiy reserves the right. in its soie discretion. to appeal
from any adverse judgment or orde,
(d) In all cases where this policy permits or requires the Company to pro-
secute or provide for the defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute or provide defense
in the action or proceeding. and all appeals therein, and permit the Com,
pany to use. at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured. at the Company's expense. shall
,give the Company all reasonable aid (Q in any action or proceeding, securing
evidence. obtaining wonesses. prosecuting or defending the action or pro-
ceeding, or effecting settlement, and (ii) in any other lawfui act which in the
opinion of the Company may be necessary or desirable to establish the toie
to the estate or interest as insured, If the Company is prejudiced by the failure
of the insured to furnish the required cooperation. the Company's obliga'
tions to the insured under the policy shall terminate. including any liability
or obligation to defend. prosecute, or continue any litigation. with regard to
the matter or matters requiring s,uch cooperation,
5. PROOF OF lOSS OR DAMAGE.
In addoion to and after the notices required under Section 3 ofthese Con.
ditions and Stipulations have been provided the Company. a proof of loss
or damage signed and sworn to by the insured claimant shall be furnished
to the Company WIThin 90 days after the insured claimant shall ascertain the
facts giving rise to the ioss or damage, The proof of loss at damage shall
describe the defect in. or lien or encumbrance on the tole, or other matter
insured against by this policy which constitutes the basis of loss or damage
and shail state. to the extent possibie, the basis of calculating the amount
of the lossor damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the Company's
obligations to the insured under the policy shail terminate. inciuding any liability
or obligation to defend, prosecute. or continue any litigation. woh regard to
the matter or matters requiring such proof of loss or damage,
In addition. the insured ciaimant may reasonably be required to submit
to examination under oath by any authorized representative of the Company
and shall produce for examination. inspection and copying, at such reasonabie
times and places as may be designated by any authorized representative
of the Company, all records. books, iedgers, checks. correspondence and
memoranda. whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage, Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission. in writing, for any authorized representative of the Company to
examine, inspect and copy ali records. books. ledgers, checks. cor-
respondence and memoranda in the custody or control of a third party, which
reasonably pertain to the loss or damage, Ail information designated as con-
fidential by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment
of the Company. 0 is necessary in the administration of the claim. Failure of
the insured claimant to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim,
6. OPTIONS 10 PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF liABiliTY.
In case of aclaim under this policy, the Company shall havethe following
addITional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any COSts. attorneys' fees and expenses incurred by the insured
claimant. which were authorized by the Company. up to the time of payment
or tender of payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obliga-
tions to the insured under this policy. other than to make the payment required.
shail terminate. including any liability or obligation to defend, prosecute. or
continue any litigation, and the policy shall be surrendered to the Company
for cancellation,
(b) To Payor Otherwise Settle With Parties Other than the Insured
or With the Insured Claimant.
(I) to payor otherwise settle with other parties for or in the name
,..,.,....;..,'^~,.,.. ---. ---~ -~ ------ -'- --,
r
"'-.
.'
~
.
..'I_.'_.'I_.'I_.'I_.'.--'I_."_.'I._r ~".'I_.'(_.'I_.'I_..I_.'I_.'I_..r_."_~ (11-.lr.."..".."..'I..'I._'I._'I...r.
kwyersJtle
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMONO, VIRGINIA
OWNER'S POUCY NUMBER
113 - 00 -456232
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS. LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation. herein called the
Company. insures. as of Date of Policy shown in Schedule A, against loss or damage, nof exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested .other than as stated therein;
2, Any defect in or lien or encumbrance on the title;
3, Unmarketability of the tttle;
4, Lack of a right of access to and from the land.
The Company will also pay the costs. attorneys' fees and expenses incurred in defense of the title. as insured, but only to the extent
provided in the Condttions and Stipulations.
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed. to be valid when Schedule A is countersigned
by an authorized officer or agent of the Company, all in accordance with its Bv-Laws. .
Attest:
i,;.fptq;
Secretary,
@.W)'eIS1ftle Insumnce @rporation
BY'-ut~ (2'~7~
....- ' - 'T' President
EXCUJSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1, (a) Any law. ordinance or governmental regulation (including but notlimtted to building and zoning laws. ordinances, or reguiations) restricting, regulating.
prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (Ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that
a notice of the enforcement thereof or a notice of a defect, iien or encumbrance resulling from a vioiation or alleged violation affecting the land
has been recorded in the publiC records at Date of Policy,
(b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date at Policy,
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the publiC records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances. adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the. Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wrtting
to the Company by the insured claimant prior to the date the insured Claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained lithe insured claimant had paid value for the estate or interest insured by this policy,
1II.'I._II."IIIIIIIII!.'I..".."..'I..".."._'I..".."..'I..'I_.'I_.'I_.'I_.'(_..I_~.'__.'__II_..I_.II_..'__.'_..'_..,,,,,..,_..'__11_
Policy 113199 lItho in U.S.A.
~ 113199-0006 Cover Sheet AlTA ()wnef's A:Ilicy (10-21-87'1
.
,
,,.-,
~
<
, <JoH!:R'S l'OLICY
BalmlLE A
Order N:l. 402130-0
Pollcy N:l. 113-00-456232
Date of Policy: August 12, 1992
1. Name of :Insured:
Insuraooe Annmt $ 255,000.00
Pran:l.1JIII ~t $ 833.00
at 3:56 P.M.
.l'lUI:SI:OtC!' L. ZUPAN::IS
2. 'l!1e es1:ate or int..:....st :In the land d1idl is CXM!I:ed by the policy is:
FEE SIMPLE
3. Ti1:l.e 10 the es1:ate of intc......l :In the land is ve$l:=l in:
~!' L. ZUPAN::IS
4. 'l!1e land referred 10 :In this policy is located :In the State of
COlorado, Coun1:y of Pitkin , and is desc:rlbed as follows:
Sout:h aE-half Iot: Nine and all of Iot:s ten, eleven and twelve :In Blcx::k
three (Sl/2 Iot: 9, all of Iot:s 10, 11 and 12 :lnBlcx::k 3) Wi lli ""lIS
J\ddi.ti.a1 10 the City and Townsite of Aspen, together with all
1mprovements t:he...l:I.Al.
A Parcel of 1and situated :In t:heNE 1/4, SW 1/4, Sec::t:i.m 7, Township 10
Sout:h, ~ 84 West City of Aspen, Colorado ~ nore fully descdJJed
as follows:
I3eginn:i1:g at the SE Comer of Iot: 12, Blcx::k 3, Wi lli ams J\ddi. ti.a1;
t:heroe Sout:h 40033'07" West, 36.01 feet;
t:heooe Sout:h 83049'00" West, 43.64 feet;
t:heroe 58.72 feet alalg t:he am of a a.u:ve to t:he right havirYJ a radius
of 245 feet;
(Cc:nt:lnued )
"] .
~~ ,~--/e) ~%'/t~/) 4 /"/ K'> j
, eoo.-.t..:..",~9"""ture .llul:barized Officer or Agent
This Policy is :Invalid unless the CXlIIer sheet and Sc.:n=mlle B are all.a..h3d.
ALTA Owner's Policy (10-21-87)
LAWYER:; TITLE ~ ~TICN
,-,
LIGlL JlESCUP'l'm( (CXlll1:1nued)
,-,.
order lb. ~
Iblicy lb. 1l3-<J0-456232
thence N:lrt:h 00040'00" East, 32.82 feet to the sw COL....... of said Lot 12;
theu:~ Sarth 89020'00" East, 125.00 feet ala1g the South boundary line of
said Lot 12 to the Paint of Beg:innir:g.
~ TITLE INSUEWa: ~TICN
~
f""',
SCHEDl:JI" .RB
Order No. 402130
Policy No. 113-00-456232
PARI' I
'Jhis polley does not :insure agaJ:nst l.osIl or: ~ (and ti1e n..1......y will not pay
costs., attu...a::iS' fees or: e:xpeDSeS) mich arise by r-....... by:
1. Rights or: cla:Ims of parties in PO'" :T"'it'Yl not sh:Jwn by ti1e pl'bl:le :z:.....,.",...1.
2. ~llt::Ut:s, or: cla:Ims of ""'.....,oe..ts, not sh:Jwn by the pl'b1 i,.., :z:.....,.",..Js.
3. . D.iscreparx::l., CDlfllcts :in boondary llnas, slUlol.cy:s in area, erx:::roac:ment, or:
arrz uu..... facts which a u.u....tL'"t suruey would ni..,..,lO$"', and which a:z:e not sh:Jwn by
pl,hli,.., :recot:ds.
4. My lien, or: right to a lien, for serv:I.oes, labor or: material t:here1:oiore
or: b:lreaft:er fumished, iDposed by law and not shown by the pllbJ1e z:eca.:.1.
5. UnpaL.euted ~ cla:Ims; :z:esezvatials or: except:ia1s in patents or: in J\c:t autIDriz.ing
the issuance thet:eof; water rights, cla:Ims or: title to water.
6. My and all unpaid 1:aJles, aSgeS'Oleuts and UIn:>;l~1 ,ed tax sales.
7. Right of the Prqlrie1:or. of a Vein or: Iode to e...w.ca.."1: and retDIIe his ore theJ:ef:z:an,
slxJuld the same be famd to pellew.ate or: iute:z:se.ct the premises hereby lfLcuted, as
rese:z:ved in United states Patent :r...u::u.J.:d Dec::ember 24, 1902, in Beak 55 at Page
116.
8. Right of way for pipes and mains a..a.u= Simlggler Raooh, as set forth in inst:nmIent
:z:.....,.",..(]ed March 18, 1885, in Beak 24 at Page 59.
9. Right of way for pole llnas and wires as set forth in inst:nmIent :recar:ded Janua:z:y
20, 1887, in Book 29 at Page 582..
10. Easeilleilt and right of way for srXM storage pl.lLpCses, as granted to Board of County
Cc:I'mti<;Slir.r.ecS of Pitkin County by instrument :z:.....,.",..(]ed NoIIe:,Ibec 2, 1984, in Bcak 476
at Page 182, said ""'.....,oe>,t being 0IIeX" the Southerly 5.00 feet of subject J:AL~'ty.
11. C>rliiIwx:e No. 52 (series for 1988) ...ecocded Janua:z:y 6, 1989, in Bcak 585 at Page
330.
12. Encroac:I:m:!nt of wcOOen fence cnto adjoining J:ALU1Jt::.I. Li' to the West as evidenced by
IDprovanent IcJcati.al Cert::l.ficate by IaJ:i.s H. BueLl......: dated July 22, 1992.
13. Encroac:I:m:!nt of ....,u.......t.e slab cntoadjoining J:AL~ to the West as evidenced by
Imp:ro\IaIlent Iocaticn Certificate by IaJ:i.s H. BI..o::Ll......: dated july 22, 1992.
( Ccntiruled)
ALTA StaOOard R>licy, \-h..to::...h Regicn - Facn No. 1402-C (Rev. 9/87)
J:AW'\1'EAS TITm INSURAN:E ~m
. .
.
.
!"""..
-..u-.L'.u:Hil (ccn1:inued)
~
Order No. .t(p130-0
Policy No.113-Q0-456232
14. Erx:::t'cac:ment of f:l.a.,pb..a... walk cnto adjoining p,;~L}' to the west as
evideroed by lRp:rcvement Iocaticn Certificate by Trnl.. H. BueLL..-. dated
July 22, 1992.
15. Deed of Trust ftan R:lbert L. Zupard.s to the Public Txustee of Pit:ld.n
County far the use of Plaza l'bL 41age, Inc.,. an Or:qjY> CO"~Clticn, to
secure $186,000.00, dated August 3, 1992, ani reocu.Jt:d August 12, 1992, in
Bcx:K 686 at Page 33.
IAWYERS TITm IN3tJ1Wa ~TICN
~~:~.'
~'>I"
'<<t>8:,:?~,
~z~<~~.
~.'; ,~
:~:lft~:: ,~,'
'~~;;~;;;1:;.
~~ ",~','('t".
" ,}'&'.
-:~~~::-
lj'-'"
'~"!I'
"'-,. ""fi.",.
.. -,':
i;~"",~l'
':~::"
'r~":~~'. I
,~~,', ,
~~?~ ~,~1
~~i"
.~\;;)
::..,~
~',:
... . '.
. ...-.'~
'').~'~;;:
,,~"t',
.. "",
~~~.
.~~;'t1~~';
~:;~W1,\~,,1
~r;'gq
,~.,,~,'~~,' I
.~~~t'.",.. ,
~,~'I
':';~{~ij
~~~~,..~-, I
x? 111
:~p"-.:-',.
~~..~
:':'i.~-::"', I
'h;~~~':" j
';~ti.1
. '",';,'~
'.
1347665 08/12/92 15.55 Roc $30.00 SK 6B6 P8 34
Silvia Davis, Pitkin Cnty Clerk, Doc ..00
._. __"'_'T~"_"'_~__"__
2. F.n.tb tor Tax.. .nclID.....nce. Subject to IppUcabJ. law Of to. .,ittea .aber byLnder. Borrower thall
pay to l.ertd.r OIl; the day moothly paymeotJ .~ dllt udet the Nott..lIotil lhe Nota it paid "' full.. 1II1ll ("Ful'lCb:.) for: b)
yearly -lUll and aaeIIfHQtI which mlyanaia, priority om Ibil SecuritylulMlmeat u. lien Oft Ih, Property: (b)
y....ly leuehokl paymenlr or Cmnd m" on the Properly. iIIAY; (c) yurty hazard or propel'ly IfttIltance prernl'unr; (d)
yurly flood itIIuranceptomivnw,il any; h)' ylltly morl,...1nnrance premiuIDI. iIa"y;and (I) Ii"y nIDI payable by
Borro_r 10 Leuer. 10 accordaKe wltb Uaa pto,irionl olpatl,raph I. 10 rift of tha payment of mort,ar IftlUtanee
J"miums. ne.. ilams .... called *Eruo.. Itams.* Lendat may..1 IftY lime. collacl IS hold Fu:ftdI! ia I. arDOll'" DOt 10
uCMd tha maximum ImcnIlIl lletuJer lor. lederally related morfalp-Joaa may require (:.co Borrower', llICI'OW accour.1
.ftder the-feder.1 R..I bt.ta s.malMht Proeedurea Act 01 i91" u .rtieftdecllrom'tilM to lime. 12 u.s;C.12601 It aeq.
(*RESPA*). ua_ a1lOIher b. th., 'WU.. toth FundI.1I I ..... lmount.1f 10. l.Iftder may. al '''y lime, collec:1 ahl!
hold FlIlMSaira an lmoII"t not lo.lIC8llCI thl ..., amOll"t. Lander may..timla the lmount 01 FUfIda\!1II 0" U.a- buil 01
caffeot data and reuonab1e..timat.. of upenditllr.. olllltllre Eaerow Itaall Or olhatw. ia acccituace with .ppliCabla
kw.
n. Flln. .h.llbe held ia an u..litutiOl'l whoa! depoaita are Innred by I federal Ilancy. inslrumatal1ly. or ",tlIy
(iacludlnt Lander, if LencIat .1UCh1ll iMlillltion) at III .IIY Fadenl Hom. Loa" Ba"k. Lender ,hall .pply the Fundi to
pay the E'.Ierow ltanw. Lendet lII'y DOl charI' 80rro... lor holdlllf .nd .pplylAt 11M F1&ndI'. .""..ally .n.lyz1ril tha
IICfOW accounl. or .erifyllll Ih. E.crow ltam, IInl... lAnder paY" BorroWft ialered Ocl tha Fundi .ad Ipplicable taw
permlta Lander to lII.ka I\ICh I eh'fla. Ho....er. LeMar may rtqulreBotrower to pay.' one-time - clla't' for an
iAlIependent ,..1 ..llta tall: 'eportlnt ..,.iea ued by Leader 'In connection .ilh thts loan. IInl... Ipplicable I.w pm'ld..
otherwill. U".... ." 'ar"mertot ts,lIIada or .pplicable faw requlr.. Int.....t to bI paid. Lender .hall nOt btt required. to pey
8ocTow.r any iralir. or ..rninls OIIlh. Fandl. BinTo..., .rId Lander lII'y .,r.. In writin,. how....r. tlllt ialer..t 1b.1I III
paid Oft thl FllnU. .Lender .hall aift 10 Borro..... without cha'l'. IA annual.ccoanlinr of the FunU. .bowin, eredill and
dabill 10 tbe Fundi .ad the purJlO" for which nch d.bit totbe Fundi ... mad.. The Fundi .ra plodp:l u addillonal
...:urity for .II'luNllICutacf by Ihll Saeurily 1",lrumnt.
If 1M FunU. Mid by Lender uceecI thl lmoun" permitlld to .. ...Id by .pp1ieablalaw. Loder ....11 .ccoant to
8ocTowar lor lhe.~ Fundi ill.ccordanel. wilh the requlrelMataof .pplicabla taw. lithe .mountof th.Fllndt held by
l.aruW .1 .ny time II IIOt nllie....1 to pay IhI Escrow IlIma .hen due.lAncIar may 10. notify Borrower in _iUnt. and. ill
neh eUl Botto.... thall pay to Lendw the .mount aoeoaary to m.... up tbe dalieimey. Botro.... aball mauup U.a
d.,iciency In 110 more th.n. t_l.. IIIOl'Ithfy paymanll. al Landar.. 101. diter.lion.
Upcm paYIMhI. in '1111 ol.lInlnl aeeured by thts Security .llIIltVmlftt.Land., lball promplly refllnd 10 Borrower .ny
FIladt held by Lndat. If. uader paralflph 21. Landat "aUacquln or _II the PrOperty. LaM." prior to IhI aequirltiolt or
.11 01 the Properly. ahlll .pply."y Fund. bald by Lender.t the 111M 01 aequtsilio.- or .1. u a enclilllf.illll Iha iliUM
IIC1Ittld by thit Saearity.lnalnunenl. .
3. Application 01 P.ymanls. UaIa. .pplicabll ".protidal olh".....1I paymnll ...i_ by Landar uncIer
par'lraphl I and 2lball be .pplied: Iim.1o any prepaymertol eh.rflldu. under lhe Nota; ncoad~ 10 .mounll ply.ble. ..ader
par.gr.ph 2; third.lolnt.-t due; fourth. to priAelpal dllr,ancI.lut. 10 any III. eh...... due WIder tha Nota.
... Chit...; Li.... Botrower .Ilall ply .lIl1xa. ....meota. ehatpl, fiael .ncllmpclliUolII Iltribul.bla 10 IhI
Property which may .llIin priorityom' Ihit Seclll'ily IlIIlrulnftll. and '"-bold paymHII or ground tenll, if .ny.
BorroWer .h.1I pay t..... oblia.tioM ia the m."ner pt01'icIed In parlar.ph 2. or if nol palel In that manner. Botrower ...n
pay them 011 tima diflctly to the ,....en owed p"ymant. 801,"""' ,Ilall promptly lurnilh to LoncIat .lIl1Ot-=- OIf ._11
to be paid Wlde.. tbts paragraph. If Borrower makallh.- paY1Ma1l ditacUy, Borrower lhal! promptly furDilh 10 LancIet
neeipll ...idaneinr Ihapaym.nll.
Borrower _.n promplly ditcharr any lien .hich hu pr_lty 0\'Il' thit SeeIlI'ity IllItrumenl unIa. Borro_: (al
II'''' la .riUnt 10 Ih. peyman' of the obliption ..cured by Iha lien in . mann., tecaptabla to Leader; (b) eont..w in
aoocI'all1a Ihl lien. by. or d.fan. arau..t anloreamanl of tilt lien In.Iet.1 pr1lCWdinp .hlehlllllh.lAAder.. opiaioD oparIta
to ,......nl tbe ..fotClmenl of Ih. I....; or. (c) lieu,.. from the holdtt 01 the U... ... ..,.._t AtitfaclorY to l.aader
lllbordlnallnl tholill!lto thit Saeurlty I",t,ument, If Lendat datermi.... that .ny patl of tha Property 1IIIIbjoet to I I....
which m.y Inlira priority 0Mf .thts Security IAllrlllMflt. LencIer ""y ri... Borrow., I nolice idanlilyinl .Ihe Iill!l.
Borrower ,h.1I Atidy the lilft or taka on. or more 01 the aetiou .... forth .bon wUhln 10 day' of the ti'l". ofllOtica.
S. Haz.rd OIr Properly luaranee. &citro.... ....11 ...., the lmproft.....w aow ftbtbal. or haNalt.. _tad oa the
Properly insured .gaiAII loss by Ii,.. hlZarda Included: within Iha t.,m *utancled conrlll* .... .IloY other.. blZaru.
lneludinr, f!oodlot floodint. for which Lander reqllir.. iAnranee. nts Innrlnce 'MII III m.lnl.iAed in tha .mov"ta Ind lor
the petiodl Ih.t Lender reqllira na innrallCll e.rrier pr..leIial the illlllnnce ahall. btt eboln. by Borrower IIIbjeel to
Laadar', .ppronl .hich ahlll not be Wlrn_.bl,y withheld. II Borro.... Iln. to mintaift COftfI" dllCflbed .bon.
t-det m.y, at Lend,,', ,option. obtain eowera.. to. pratlet Landar" ,.hllla ,he Property .In aeeordIftcI;. .lth par.gr.ph 7.
AlIlfIIIIr.aee polic_and ......"'II.1la1l be aceept.blaloLaDdatlnd ahalllnetud.. ,t.ndUd mortp,. el,UIII. LencIer
mil h... tilt rirlll to hold tbe pollciel uulrn._II. II LandII' reqllitH. Borrower ...U promplly ,I.. ~o Lender all
~ipll of paid.premiufnl: ncI rana",I.lIOtieel. 1nlhe'....t OIf loa. Borrower tIIaU.Im. prompt riolice to tbe lnlllranee
carrier IfIlIl.flndat: Lender ""y m.... proolollosl if not made promptly by Borrow.r.
Unlaa Leader ltieI Borrower olh"wise actll!l I" wrillnt. iMvrcnet proeeedI ,Ilall III Ippliad to ,.,Iontion or repair 01
lhe Property damapd. IIlhe ....tor.tion or ,.pair II ecOnomically l...ible.fIII Lander', MlCIIfily 11 DOl Ianened. U the
....tor.lion or rapaitilllOt ICOfIOmically f...ib1e or LanrJIf" leCUtity would bI .......ed. daa inautance proeeacb ,Ilall bI
.pplied to lhe 11I11II aecurad by Ihts Sac:urilyIAitrumnt. wh.lhat Oft IIOIIheA dill. wllb lAY uctII paid 10 Botto... 11
Borro.... .baftdouthe Properly. or doll not........ witMa 30 daY' .lIOtice fn. LeadattJaat 1M iuutaaee earrlw ....
ollared to .nll I ellim. tllM Lander ....y eoflect the.1nnranca pI'OClIIIlIa. I.-dar IlIIY" 1M proceadI to .....ir orrelton
thl Property or 10 paYlUmI MeW'Id by lllia Security Jilin_I. whalhat 01' not IhIn chte. on.. >>day period will bet_
wheath.noliceilli"",
U".... Lender. II)d Borro... other... ...... 51 wrilint. ...y appliealioD 01 proceedI to princ1pa1 thall DOl erItttd or
poIIpoM IhI dB dall 01 the _U.ly paYIMIIII ,.1arrac1 '- ., ,.,.....p!Ii .1 aad 2 or.. the ItllCMlnl ollha ,-YlM6tL II
uadar paracrlph21 tha Property II acquired by Leodar.,8orrower" 'iaht to...y iMun_ polie.. .nd ptocoods. renltial
lrom da...... 10 lhaProperty prior 10 tbucqutsitioa ,,",.. to Lnder to lh. ulanl 0111Io IIIl'tl1l1CClnd by thts Sacutity
InaItlIllllflt Immadlately prior to lha acq.tsitioa.
6. O<<upl~cy. Prnw.,.llon. M.inten.nce.nd Proleelion 01 the Property; Borrower', Loan Application;
Le.s,holds. Borrower .hall occupy. ..I.bli,h. ahl! use the Property "' Borrower', principal i'uidence. within .isty day'
.'letthlexeeutiQQ ollhll Security 1".lrumeal and ,h.1I conti"uI to occupy Ihe Properly II Borrower'. princ:ipal r..idenea
for It laut on. yaar .ller 11M data of oeeapncy. un.... Landar olherw.. acr- ia writinl. whiebCOftllllt lball DOt III
uaraa-.ably withheld. or .nlea "lanotine emlllltaneel ftill. .hicb an _yond Borro...... control. Botto..... IhIU not
destroy. damp or impair lh. Property. .llow the Property to daleriora~. or commit .uta 0IlI Iha Properly. 8orrowot
ahalt be il\ deflull if lilY lilrfailllftt aclion at proceediS'lt. whether ei.ifot. crimillll. .. bepft that Il'ILeodar', aood failh
~
,
Ca.ORADO ~ SInI'I '''lllJt
F_ M.n..... Me tltlFORM INStllUMENt
,.'If S
,...100' '..11
C4~.z) t~1Z1"""
').i:~~l~
.~1t:;:;
~.~
.. ,~,,~'~I
^",~.~":'
-1':~t~:\:
;t~I;':
.:;z..?'~:-~:-~
~.;I;:'l'.:~:,
>,",:Z;t>.;
_ :~'~.r-r:
J<'"~_,
~V ';'1.'
o :1
I
I ,,.,){:~~~
,.....~".
~...
};;"--
..;.,,"t':-"
!J:. .,- ~, JI'::','
~~~!i~6
.ti;,,;,:
'jtk,;,
:.a;'.i':":':,
'~Yl.' I
"~'
:':1fj;
!~:;/"1;f:-.
;..,.."t.~~ r
'" ~!~,;~~"
~1~
"~':ik
~t~
":. .~.'
.<.-,,'
',\~>,~
"~"i
'~
',;:;7!.~J
~:':i-!'." ~
'"'f':'<Z- I
I
i
\~
J
*34766!l 091/2/92 l!lISS Roc $30.00 9K 6lI6 PG 3S :1:1.... '~l
,-Sl~~~.~ Da,~_i ~.'_':_:~~:,_". En.~r Clerk, Doc: $. 00 .,..r,~"',~
- -, ~-~----_'__'.. ...;ti',:~~<:
Jod,_t could ren1l1n forfolhtte of t!l. Property or other... lII.tlriall)' Impair the 1M crnW by thi. Security ::;~;-;,~,.
, luttumeat or Lender', MCUl'ily iaterild. Bornwee' may curt .,.de'lull..lI! ,.illltat.,: '31 pto,idld in patagr.ph, 18, by .,..~.,
'cauirIJ: the aclm .. FoeeedinC to be. dimilMd wilh . ndiAl'hat, iALudet', ,ood f,ilh delermiutiOll.precl,"*
forl.iturt or the, Borro..,', blteml '" thI Property .at othtt materiel .lmpairmea.t 01 the lieo created by Ihil Security
1..1"lInenl at Under'. .....ity mllnlt. Borro.... .11 .110 kin d.la,all if Bono..... durin, the.loa. .ppUcaUon
PfOC*', la" mat.lally ,.... 01' mlClCllRt. mlormatlon 01' stat.meft" to lAndedOl' lailed to ptOTid. Lender wilh any
""lItial iDlotmaHOG) in COMOCUOllI wilh the 101.. .,idHced by tflt No,-. includ..... but rIOt limiled 10. rapl'ftlOnlationl
COACefftmr Botto...... occupaaey 01 the Property .. . principal ,.icIenc', If Ihil Sec1Irity lnslrumtftt if on a ....."'Id.
Botto.... 1Ii.1I comply with.1I tn ptoYilioM O. the ...... II Borro.... aequir.l.. title to th. Properly. the leuehold
IUIcI the f.. title Ihallll10t metp ulea Lendat .greet toth'_lat 1awtitinl.
7. Prolectlon of Lend.r" RI,lIts I. Ih. Propel'ty. II Borrower (alII 10 perform lhe COftlWlts arid av..mats
CODlained in Ih.Security Inslnzment, or lhen . . .1ea.1 ptocoedinl lhal m.y .ltnlJicanUy .ffect Lender'. rilbtt ita the
Properly (nch ... proceecIinl b,banknaptcy. ptoNt.. loreoncMmnallon or lorf.itu,.. 01' lo.nlorco ta_ er reau!aUofll).
then Ludet. mily do and pay for whateYer it neceaary . to ptoleet th. ..Iu. el !h. Properly and Und.,', rilh" I.. the
Properly. LencJer',aclions m.y IDeI. payint any lllJU HCureclby a lin which h.. priority Oftr Ihit. Security
IIlIIMlmtftl. 'PP'arinl 1a COIIrt. payine nUoft.ble .lIomay" feel .nd eAterinl Oft lhe Properly to male. repair.. Althoulh
Lendat may.laka .etion under IhitparaV.ph 7, lAndtt dOli IIOt.ha..todo.... ..'
Afty .mounll disbluwd by Under aDder Ihit par.".'" 71ha1l become additioaal debt 01 Borrower leCured by thit
Securily Iulrllment. Uft1en Borrower. hld lAnd.r ..r.. to ok tit"'" 01 payment. lheIo .movatl.h.1I bur intetetl
ltom the d.le of ditbu,..m.nt .1 the Nole r.te .nd shall be pay.bl.. .Uh intlt..l; IIpclllDOtice trom Lendlt 10 Botto....
reql:llltml payment.
I. Morl,... Innranco. If Uadet requited motlC'" _r'~ u. eondiltoA O. maklne Ih. loan Neured by thit
Slcurlly luI",ment. Borro.... 1Ii.1I pay IhI ptellloillfM requiracl 10 ""inl.in lb. 1lloOr1t. If11l1r.nce bl.noct. If. lor .ny
reuon. the l!IlotIPI.1Anr.nce ccmnp Rqllitld byI..endet "pili or co.... to 1Ie bl oUeel. Borro..r .ball pay th.
ptemlllml reqlllrld to oblahll COftfIp IIIbllantl.t1y eqviullnt 10 lbe motlta,. IIlIIItIftCO ptfl'louly In. .IIICI. al i. eetI
IIIbstantiatly eqlli"lent 'to the COIl to Borrower ot the IDOtlC'P iftlllrance "..louty la.nlet. (iom an .Item'le
Illottpp IllIlnt .pproncI by Lender. III11b1taalially aqulnltftl mortpl' IMW'lnte Cot.r'r' II not ...i1abt.. Botto....
mil pi)' 10 1.fondet eacII.montb.llim aqual I. onrl..Uth .1 Ih.)'..rly mottCI" lnturanee pr.mll1m beint plld b)'
Botro.... wheft the IllIUl'anc:o ecmnp "pillS or coued to be In tinaet. unclat.1II tcCOpl. ... .nd ral.in lheIo pIIymall
... loa tlllfYli in Ii.. of mort,.,. illlllraneo. Loa......... paymenll may 110 loApi' be reqllired. .1 the opl_ of Lender.
if r*tr'p iftlllt.nee eotera,. (ill tbI .mount .nd 'or IhI patted Ih.t Lendat Rqllir..) ptotided h)' '1I InIIIter toptWOYld
by Lendat 'E,in becomel ."lIabSt .nd II ebtained. Borto'Hl thall pay lhe ptlmlllml reqllirod to mainl.in motlt.p
iuvt.nce in .ffect. or to prot'ld. . IoIa ....... nUl lhe raqllirelftlAl lor mort'll' inIIItanct IllIdI ill accorclance wilb any
wrllten alfllmeat belweell Borrower ICld J.eader or appliclble II..
9. IllSpIClion. Lead.r or ill ....t m.y mak. r.....bl. entrla "}lOA aad1nlpecUoM of dlIPropll'ly. LerufIt
shall Cl.. Botto.... notice .t the time 01 orprlotlo 1ft IftIJlICUon lpICilyinc teUOftIble eause fer the inlpOCllon..
'G. Condo.natlon. n. procotdl of .oy ...td 01' clairn for damalll.direcl or COMMI....lial, ill COlInletloft .ith
..y condImnalioa or olhat Itklne 01 any pari ollbe Propatt,..or for eoaYliy_ In Ilia ot ClClndImtlOllon. at. hlreby
..Iped, and 1Ii.1I be pIIkt 10 Lendat.
In 1111 ...t or a Iolal t.kiaa .r !h. Property. ihl' proeHdi Iliall be .pplled 10 Ih. 11I_ __NO! by thll SoeW'lty
IMtMlmant.wllllhat or nol Ihendv.. with lny qeea paid to Berro..... In IhI ......1 o. .parll.1 t.kinl of 1111 Properly 10
whleh 1111 f.ir marlr.at ntuool IhI Property Immlldiltaly btlorelllltakinCiteqll.1 to or I....tat th.n lhe .mollllt olth.
III"" IICvred by thit Securlly IUlrum..t .immedial.lybllore. lb. talr.lnc..unlla Borto".. .nd Ludlt other"JA "fllm
wrlllne. the III"" NeW'ed by thit SecW'i1yIMlrllmenl.h.llbe rldllCld by 1111 .moval oflhe ptoceot\t: mllUlpliaclby th.
lollowillt fraetion: (a) lhe Iolal..mount 01 the IIImll8ClIred lmmediat.ly.befon "" I.kinl. di,ided by (b) Ih. I.... nIIrbt
..11Ifl 01 lh. Property immediataly bllon 1111 taking. AIlYNlanceshall bI palel to Borro..... I.. lhe IYOnI of . parlial
talr.u., o. the Properly in whieh the f.... IIIItht ..Iv. o. lhe Prop.rly Irlul'lIdialely. before lho l.klDt II ,... th.n tho
.lIlOI:Int 01 lhe IIIrM IOCW'OII immediately before the talr.1nI. unJe. Borrower IDd Lan.det olnet". 'Ir" in wtilml er
IInlea .pplicabl. I.. other,,1M ptoYkIoI. Ibe ptOCIIdI ,ball be .pplild to lb. ftN I8ClIrld lly this Security.. .lnatrlllMOt
whelher or not lhlt WmI .re Ih... dllfl.
lithe Properly it .band..ad by Borro,"". or iI. aflet hota by Ludat to Bottower Ihat dr.. ecmdamnOf oll.r, 10
_ke 1ft .ward 01' ..tile a cl.im lor _mar". Botro.... f.illto reIpond to un.det within 30 d.y' .Itarlhl dateth. DOtlc.
_.inn. Lendat it .lIlhorizld to collect .Dd .pply lhe.~ .t llaoptloft. .IIhot to r.toralioll ot raplllr 01 lb.
PtopIrty or 10 lhelll"" -=1U'1d by IbLtSecurity IllIIntllllflt.wbolJlet Of IIOt dr.ea dn.
Unl_ Lender and Borto..,othat... 'IN': iftwritinl."Y applicltlOll of proewch to prlocl..' n.1I1101 ..tend or
posIpont the dll' dal. 01 the monthly pay"""" r.tlttl'ld to ia pat..,.phll .od 2 or cL.op thl .mOllnt of I\Ieh plYIM"".
II. Borrow.r NoI P..I.Ued;ForbnranCl By Lend... Not. W.IYll'. Extlnlionof th. time lor p.)'mnt 01'
modUle.lion o'.mortlzallon of lb. nrM IlIClIredlly Ibit s.c.rily Iftllrvment lranlld by Landat 10 '''y IIICCU10t ia
int.,... of 8ort'Ower ...11 nol apart'- 10 tit"," lhe liabilityo' the. orltinal. Bono... or Borro..,', 1lICCIRW. ia
laoterwt. Lender n.1I ..I be reqllired to COlllmllDeO ptoceedlnr aaalllll any auecetaOt m illl.,.t. or tof"" loutaAd lime
fer paymenlorothlr.... modi'y l....llzatioa 01 th.lllmsseeuredby this $ecarity lulnllDlftl by,... o'an)' dlmud
fOlIdo bylh. or.inal Borto.., or Bortower'. 1IIeeIIIOI" ill lateral. ADY lorbwaaco by Lndet III lllatCihnt any r..t
or ram")' _llcolbo. wal""oI01 ptlCWe the IHtClR oIan1".hl 01' ,.1Ud)'.
'2. SIJCC8ISOn 'nd A_i'M an...; 'oinl .DII Sennl u..m.y: CcrsItIlltS. n. eonaants and .,....meoll 01
tllil s.c:urlly lfl1ltl1mant shill bialllCldbnelitU...1lICCIIIlIf'S aacI._ipt of.... .edBorre...... IIIbjeel.to the
Jlf'O'il:iOM of paragr.p& 17. Borrower'. eoftDIalli .nd..,........ ....n "plat aacI.....l A.78orrowat who co-si,u
tbll $ecarlty laIIrlIlIlIftt but'" co. enan. dle Note: b) II erlJp1at ChI. s.c.ril)' IIlIInt_t oaly to ....tt.... pat
aM COlI..y th.t Bottower" inlltoll in the hoptrty tmdor the ter_ .f tIlIlIs-rlty 'ulnmlll; (b) lnlot. pIf'tOCllI1y
obllC.lld to pay the nall IIC1ltIlI by date SecUrit)' IlIII"'....I: ICld (c) ...... thai. Lendw tncI ..y .... Borrower l'I'IIy
.,.... to.ltend. modily. for.... ot mak. ..y aocommodatiolll willa,.,", I. till let.... of Ihit Securit)' IAltramont or tho
Nol. without that Botro...... ecIftMlt.
13. Lo.n Char.... It th. loan aeeund bj' Ihll SeelltltylMlrumet1l IIIbjectlO .Ia. "hieh ..Ii muimllm loan
eh.rl_, lnd ....lIl I." 11 fin.lly inlarpl.11d .. Ih.t Ih. Iol.,..t 01' olher l"'lin charI" collllelad or 10 be eolleclad in
connection wit:, Iha loan .xcoed th. permiUacI limit., then: (.) aoy I\Ieh l....n chl'I' .h,n be raduead by lha lmOllnl
ftOCOIAty to redt".CCl lhecMrte 10 the patmlllod limit;.nd (b) .n>, INIJII .ltl'lliy eollectod 110m Borrowlf' whicb exceeded
perftlillld .Ilmill .ilIbe r.lvndecl to Borro..... l.endat 1M)' c.... to ....Ir.a Ihll r.lund by nducinr "" prlDei,.1 0'"
under the Note or by making. direct plylftODttoBorrower. II. refund MIlCH prlDeiplll. till red1tetioa will be tro.t" u
. partial prepayment .ithoul any..,....ym.." chirp UftdIt tlw Nol..
~
I
I.
CClORADD - SlnII' F.III.,
FmiI 'MaI/FrIddiI Mil: CIt'FOIIM atcmlMBlI
,.'eI ,
,.,. 3001 t.11
(C.tz)I.tztll..ct
"'t'.-.....-':-
..,
.,:~...j_.
;,'\,...
i~\;~',
'. .~t'..'
.,;~~,::<~
l("""~'~
':'~:':;:f
n' .l~'!'- ""
...,..,
~~~~':i~ .
51)1~ ~
!~'';: .~,
.n,~:
~t:~':;';
.'W!~.
~~,:R~;
.::ill'.;'. ",,~
11I, :::~~
:.\, :
II'",,,,,
r.":i'~~l
...,,,,,~:,
't~
..
i
'",,~J}"::'l
,{!~~:..;." I
'~,..".
:" ;;:'i:j"
\~'~.^,',"
'.,~i5!!
"~'"
\"{l:i":"
. ;f.::.?>
.:~i0J
'!,; '~~t' :\
", " '347bb~ 08/12/92 I~I~~ Rsc $30.00 SK 606 PG 36 ' ...~
',.,::.;f::,:6IlVII'.-!l:'~~.' ~Itk.ln Cn~, ~:~!:. ~O:.~:~~", '.,' :--'.r ',". ," ,)41
,'::{~ 1~. Noticel:. Aay DOUce .to Borrower r"ided fllf' ia thilSeclU'lt)' lutnuneal .hall, be rima by deiiftl'ln, iI."':!~;
,~;:,:::..y ...,Imtlt by fir" eta. ma.1 '"'.... applicable law'lfl"jlW UI or another method; n. notic-nan be direet~ 10 ':>';'7'!!:-'~
~,~:;~ IbI P~tyAddr.. or ..yother adelr_ Borro.... d_ian.l. by note. 10 .Latlder. Any notice 10 Lender .ban be ..
<';:;'f27~tma byUrtt claa mail to Lender', actdrea:.laled herela or IllY otheraddrea UncIer ,*lanllOl by notice to
0,/:.':-, Borro......A.y note. fl'O'tded for ill Ihil Security I.tn_t AaU be deemed to h.ft been liMA to Borro....or
~.:!~,' t..adar _MaCite U JIC'O"tdtNI ia thilpar.,...ph. ..
:;~:.':t..>' 15. OoVef.inl LaW; S......bIlily.nil Sec1lrity tutrumnl than be 100000Iled by federal 1,w and the la. of
.'Y-"i:~.~:,:'" jW'Wictiota irawhleb the PtopItly illocaled. 1ft the neftI. that.f1Y ptO'lilioa or cl'llII 01 thj" Seeurily 11IItnunen.1
'::'.; ',: or 1M Nole connietl widt. .pplicl\1e .... IIlCh conflict 11II11 Mhllecl olber pm-lslOft.of this Securily Inslrvmerlt or
.~ _ 1M Nota .hlch CUi Mel..,. .U.ctwUhoul tht conflictlAe pmlt1oa.To thil tnd thl pr01'it:ioM 01 lhll Seeurity
""';;,,'.:,,.Wlt'OlMClt ,.ndllle Nol. .... dec1lttcl 10 be ........\Ie.
. '. 16. Borrow..... Copy, Bono.... ibllI'M ,I"" ~ conformed copy of thl Nol. .nd 01 Ihll Secutilytllltrumenl.
.;;' 17. Tr.ns'''' .f the hoperty .... Ben.ficid lat.,..t In Borro,"r. 11 .n or .IloY pari of the Property or
.~, ..y lDtereal 1ft it It told or' Ir.uletttd (or U .btuncial 1A1.....1 lf1 Berro,", .101e! or Ir.ulerm .nd Borrower ia
..I . oalunl perMHI)wUhout Leftder', prior wrillh CCNeIlt, Leader my, It ilt opticm, reqaire immedi.t. paymenl in
,:;;~:~. ..n 01 .1l1O""JKUNClby CIlia Security IQllrumant.Ho....daia OptiOfl .Mllaot be .xen:iIed by Lender il eHl'ciat
.. prohibitld' by '''I law .. 01 'the data 01 IhilSecafilyli&llnllHDt. " .
11' Lender .nrc_ thil option, lader .hall ,In Borrowerllolice o(accet.ration. Th. Mlic. shall protide .
period O'lIot lea: Ih... 3O'daya from tha dal. the IlOlke, II dellnred, or mailed within 'which Borrower musl pay .11
"1111I NeDred by Ihls SecurUytllltnam.ill. II Borrower I.IJt to pay Ih... IUrM prOof 10 the ..pir.tic~ 01 thit: period,
Lender _y lato" '''y ,.medies parmitte4 by thll Security IlIIlrumanl ....ithoul lurth.r notice or d.m.Ad on
Bono_.
18. Borrower'. Ri,hl t. Relnll.ta. 11 Borrower mee,lt cert.i... conditions, Borrow.r.h.1I "n. the riCM to h.ft
enlorc:e_1 01 thll s.cotity I~rum.nt diacontlnued al .ny time prior 101M earli.rof: (a) 5 day. (or wch otber
I*iod .. .pplicable law myepecify lor ,.inltaterMl'll) befott nl. 01 tbe Properly puma.."t to Iny power 01 nl.
COIIbiMll in 1IIit: Security Lulnlal8fll~ or (b) entry 01 . ludcment "'orcin, IhltSecurily Inllrllf411t!1. no.. condilicms
.... !hit Bono..,.: (a) pay. Lender IlIlUmI ....hieh Ihllll. would bt dill under Ihil Security l",trum'llot aM. tho Nol. u
II ne-=-lerallon had occurred: (b) corn . any del.ult 01 any other COftJIInlt or .cr..m.nt.; (c) p.y' .11 .1fPIMI'
Incur.... la IAlorcin, Ihll Securlly IlIIlnamHt. Includirl', but DOt IimUed to.r..-able tUorn.y.' I..; .ad (d) lat.
nda acla .. Lender Il\IY t.uon.bly raqu.,. to UIlIUI'II ,Ihat tbt lin 01 Ibll Securily IMlrumenl, Lender', riaM. ill
lb. Property .nd Borrower', oblie,tion to pIlIy tht WIllS IICUtId by tbll security lulrumenl wll continll. unchulfd.
Vpoa ninltat._t by Bonower, dill Securily lulfllmenl aad lha oblilalions I8C\lred her.hy th.lI r.main fully
, .treclM .. if DO ICCllmilioa hai 0CCUtf"Ii. Ho......, thll rirM to ,.lubtaehallnol .pply iA the CUI 01 ~1er,lion
uder ranrr'ph. 17.
19. Sal. .fNola: Ch.n.. 01 Lo.n Senicet. Tht Nol. or . partl.1 Int.....1 1a Ih. Not. horlber wIth Ihll
Stearit)' lulrumlftt) my be 1014 OM or more Um. wlthoul prior notice 10 Borro..... Anla my teI\Ilt hi a chana'
la the entity (kao_ .. tht -Loaa Sert1car-) Ibot c::ollectllMDtbly "ymenlt du. UIIlfer Ih. Not. and thll Security
lutnamenl. There IIso may M Oft. or mort chanCee 01 Ole Loafl SorYicet ,","latad 10. "Ie of th.Nol.. II Ih.... II a
chane' 01 1M Loaa Senicer. Bono.... will be 11"" written aota o' Iht cb'''I' In aceord.nct wiUl panarapla 14
..... Iftd applicablt law. The notice will tI.t. IhI HIM auf Hdrea of tho IlIwLoan $Mo,icer IflCI 1M addr.. to
which peymlflll novld be.made. n.aotice will a1lO conl.ie..ny olberlnfotm.tion requirld by applicable law.
20. Hazard... S.IlsI.ricu. Borro.... .hallaol .ClU:tI or permll lbe preeence, uti. dilponl. elot.... or ,.1taM of
.oy Hazarclou Subtbllceli OIl or In 1M Property. Borrower shall 1I01_do. nor.llow.nycm..lM 10 do, any thin,
.n.el"" 1M ProperlY tb.1 it: ill 'iolltioft of any En,ironmelllal Law. The precedin, lwo_'- ...11 nol .ppl)' to
the pNIIfICI'. all, or .tonr on lhe Property of tmall quantiliu of HUolrdous SlIt.IafIceI that.n ,.ner.lI)' r<<:opizecl
to be .ppropriata 10 IlIOl'mll ....identlal ....nd to m.loleaaace 01 the Properly.
80m.., thall promptly ,We Lender wrin.. nolice of ,.y IAnstilllioll. claim. d._nd, laWlllit or other Rim.
by ..y ...,.._lal fJI "la"lory 'pncy .or printa parlylayol,in, "'- Properly IflCI ny Huardolu. Subcl._ or
EariroftlDlOlal La. of which Borrower hu actual kIlowled... II Borrower Inflll, or it nom.. by .ay 1'00000lIfM11tal or
1'8fII1tloty authority. thai ,IloY ,.mo..1 or other ,._iatioll of .liy Huardout Subctlace .treetlne Ih. Property iI
IIICIIlIIII'Y. Bonower thall prompUyta.. .lIl18C1i1Ary ,.medial .ctioat i.. tcCOtd.nce with En,irOllm8fltal Law.
At uN "' 11I11 pararnplt 20, -Haurdolll S"btllftC8lll- are thoea IubataK'lll' dafiaod at toile or . huardout
tubat.... by Eal'ironlllllll.1 Law.nd Iht 'ollo....inl tublluces: luotine. keroeant, other fI.mmable or toxic: petro,"m
produclt, toile peeticid. .nd. herbicld.... YOlatilt 101....11. matarials contalillA,ubNlot or 'Orm.,d.hlde. .lMI
,red_l1n matariela. At 11M Iftthil paralflplt 20, -Ea,ltonlMlllal La...... IllIIJII 1.0:,1 la_ aM law 01 the
jIlrWietioa where Ih. Properly" Iocaled thai nlata to h..lth, .,.Iy or .,lroalDllllal proteelion.
NON.UNIFORMCOVENANTS. Borrower. _ Lander- furlher ccmnanl .nd 'Ir.. .. 10110..:
21. ACCIII.rat1on; Ittmadln.Lender ah.lI.i.. notlc. 10 Borrow.r prloT to aCRI.ration followln,
Borro...... broach 01 any coyon.nt ., "r..ment 5n thit s.c.rity Inslram.nt (ltul not prior to aCClI....U.n
....... par'anph 17 .,,1_ .ppUc.ble law proyWn .U..,..). Th. nolia ,hlill specUy: (a) lb. d.l.oU. (b)
the acllo......tr.. t. ate the ..,..U; (c) .'d.I., not lealhaa 30 d.ye lrom the d.t.the notic. Ie ,I...
to Bono..... by whleh tha d.f..1I mat ttt cured; .nd (d) that ..illItII t..can lhe d.I.,lIIt .. or "fon tho
nl. qocilitcl i. lhe ..tic-. may ronll i. accelef.tioa .f the ..m. .....ad by thls Sac_it)' 10th_at
... ..Ie o. tho properI)'. The ..lice .h.II'....bet Inlor..BottO.....( tho ,icht to "lIw.t. ......
ae9ltr.lion .nd the rilht to .....1. the. fonelann proceacll., the ltO......ltt.ftC'I' .f'. d.f.aU oX ,.y
olher d.f.... of Borrow.' t. ""I....,io..... ..... .. the ....It II' not nncl .. ... "foro' the d.to
.,.Uiord In tho notice. Lender .t U. oplion may .....1n Iml'ftld1ato "J"mont In I.n .. .11 "mil ..CIltOlf by
this Senrity ladnment withoot '.rther d.ma.. ....m.y I...kathe ...... .1, alt ... .oy .ther
"mad. pttmill" .y app1kl:blt law. Lend... sholl" .nttUed te eoltoet .11 ..,..... hu:orrttd In ,.....In.
tho ......Iao pnwhltdl. thla paraanph 21, Incl"'... bot ..t limit.. to. .....nablt .ttor_yo' ,.. ....
..t. .. tltI. ..w.ftCe.
If I..adet InYok.. the po.... .. ..Ie, La"'" sholl 11ft wrltt.n ..1100 to T....... .. the Oecanonco.f
an I1'Oftt'of d.faall .nel of Land...'. .Iaclion to c.a.. tho Properlyt. "told.L.nd.r .hall m.iI . e1tpy of
Ih. notice to Borrow.r .. pro,idad in panlraph 14. Trull.. shall record. copy 01 tho "oUc. in the co.nly
I. which the Ptoporty is Ioctt". . Trnt.. .hall pablish . ..lic..' ..Ie lor lho lim. .nd in lho manfter
.......... by ."Iica"" law lad .han m.n cop..llho aotlce .. ..10 I. tho ."".., "....,... .y
.pplica... I.w' to BottO.... .nd t.. .th., .....'" ,..-1... tty .pplicl"1e law.Aflor tho tlmo nct.1nd.. "y
.pplicablelaw. Trut.., witho.t "mand .n Botto..... sban _II tho Property .1 pobr.c .Rliaa to tho
'.\~
. .
,
J
ctl.ORADO.. _. ,..,,,
,bi. MII/rredItle Mac 1MFDAM INStIlVMBlI
~4ef'
'..10011..11
(4..tz) 1..'1111.....
~.t.. .;,..;l'~.:{"
. . ":,.,:. '. ''":~',,:' ,~;;~:,,,;'~';"'.'>;;J:';~-:;-~S:~'{r:;:r:' .-:"
........ "'i.,.t..<J.~.-:tf,;~~~~.-!':-..J:.....;.v;;.'t...~.t.;~ ....~
.-"~'- '. ....,~"."'~/~",,;,V:
,':''-,>.
\'l'
.'
l
~,
"
t
1
I
I
,."",'" " Vr"
134766508/12/92 IS'SS Rec .30.00 BK.686P~~~,,\i
, 'Sllvl. Davis, Pitkin Cnty Cl.,.k, _Do,C;...OO. ::.,.;,~,~'4~.:
.:iii.,...,. "Zi4J,5",.. '. ""i";~;:~"'-' "~::,.., ..:...,:....~tr,;'t:'.~h_;:i'....;.-',.~....~~j~f".:~?';,{:;:-i/(i:.~.?~~~?(;:: .', ,,"
had. \war f...cuh at_ the thn aNi ,lace au .Her the 'umt ""Iftat" 'In 'the DOUce .. ..Ie hUM of. , 1.'
....parc.la ami tft aay"" Trut.. "t.rmln... Trut.. maypostpona a.1. of any pareel 01 the Property ';j;o/'l;".~:
,. ,..,tic aaaOancelMat at the ttlM .~ ,I...r an,. prn....ly.ICIW.W ,.... lAnd., CIt ita ....i..... ...,. ~l,Ji;.~'~
, ,. .... the,~y.ta"ya".', ',<".~" .~:,.'j(.. ,:':>"',::>~ '::""';~'ii-';'i~.~~,~,':F,'\Y",":: ."-,\";r~ ::-,":; ;~':, ",.:~V":t'\'.;>:
~nltM sban ..n.... to the pweJw.r T....t.... certificate .-"1\1111 the Pro,...ty and the lima lhe .:~t~.i.:~':::'''I'':;
.....m.. utltW..T......... ..... Th. neltals 10 theT.......'. deed ahan b prima 'acle ."i....ce '"'~:,"'.'"
:.'-tn.th .'the atate...... ...... t.....I..: ,T........hallapplyt.. proc...s. ., tho ..1. I.. thelollowlna J'_- ,,:;'
", (a) ".11..,._., the .to.lacl..l........... I1ml""o, .....l\I.bl. Trut....... .ttorMya' ,...;,.}-.~;.-:
11),:',,- .11'.......... 'y .hla s.c.lt)" lMlnl...t; ... (c) a..,. _ tetho peno.. ... pW.olUI Iqally r;
~l~.t;~:~..Upoa.plym..t 01 ~1I~.u'~ 'by tht.Sacari:,IIIItnI_t. I.eAdw _II rll\aeIt that Trutea '''''.-h:
~ '..II s-rlt7 lutru_t .... IbIU prodlICI forT"...... dulycaneel.... .11110* nldeftcinl debt..... lIy th.
. , It l' tutn:...... T"....shall ,..... thll s.e.rity lutnulleDt, "Ubnt f.thet laqlliry or li.b11lty. Borro... lhall
,. _yNCOtdaUOD COItt ....h....l1atoryTrutea.. ,.., , ~--, , ' ' .
23.: W.i"".' Hom....... Botto.. _We. .n ,.1I. of homelteHeu.ptioa' in tho Properly.
,24. "Iw.n to thla Sontityt...tn......II..'" more rldltl .r. lI~ted by Borrower .1tCI recorded toptber
iii 11&11 Security 10m-meat. thuo",w." aDd.....m"'u oh.ch lUell rider ",.11 b4l iftCOrpor.ted 1ftlo and .hall amen. ,.;,.,,~,
.. ,npp.._t.........t8 ... """-1 .. ofll&.. Socurlly lutnI....t u U tho rW.b).... . pari 01 dais Soc:urilT ',':c,: ':;~"",:::1~;'".':,
..........t.[CUcIr. .pplle.lI" tIouaC") : -.,-m:;,:{';::,::--;,/':":.>1:'::;'.\';.~;.:~Yt~l:..~' " .' '",' .,
""'rB~""RaIeIWw ~c.Io..Ia1v...IIdw":;'~;'.".:':":'''';'~: ~t'4F'lIll1YRIcIor ..~\.
rJ!;B=":Id~Y....1 R~ l:l~";:':~r" ~ldtr"' l:l=I~.:::= Rldtr )i,~~~
,j'By'1!i:::~. ~".~\!~fi:f!~~~~:~'1::~::::u _QUod k ~ks.oWlly',j~~:'.
~~.l ..~ .~. ..,!.~s),\~....,~y, ~.......... ._U.....I~.0~:,~'0:!i:::~-: ';:1,-' :,~.'i,~'~;',)';-1;;:::"~"J~.,~:'f::'f;.;"
~/,.',_,~."":,.J.~,,.:,.~,.~',;_:,..;,'.;('~~..~..~~..~.~::,;.,..,i.~.i,.'.?;'~~,'.~...;.'r..""'.,t,",..~,.;.',~.:,.,.,:,~..,r.,:.'~,.~",:r.':~,..'..:..,'. f . ~i'''.I! ~;ri;:;-:'''''': ';,", '
",-; -. .~<-... ::..!...,.~.~. ~" ...',..'.~,:,".:'..'~.;,;,.~,:,;,.'~,-.:.'~,~.:....'.,:
"" :~>:",:,;::t-:':,:~~~!ti'i;~~e~,,~r,\t-,.....Zu.P~,~",:,....,.>,to: ;,:....~ ;,:-' .." -'!~
." :>,.,;'i>.:;;'~(~~~~5f:~:r;~{2~~il"\~{~~~"?i:~Y:,':'~~: ,.,- ~' '.:,::';::(\:C.~G~*j
-:;",11,('
.':>";;r'('{~ '~:;..:~,;-......'';'::,)t.~,~) '.IT,_ -.,,- Dotn.... .,.,~ \.
'"~',{,...> ""':~'f::~";,~~>>~:" ':'~i."::i'''' .~, ,. """"".:''.';"r~l .
" ' -", '~"::-'C~~1~ '
"""'~
' '.): ~f!
-=t~ '
.;;1'
_i,',."_
H;;. STATE OF CCJ.ORAOO:
Pitkin
Count)' -=
n. for.aotnl lI'IICnunenl ... acbowWpcI bafon 1M dati
Robert L. lupaneis ,
WilMa my""'_ official _L
3rd
da,.of
AU9ust 1992
,by
y,
,t:\,:
".~,jY.
, . o~~. >
.:,,1..~'"
;.:.,
. ,
,
. "',.'.
'",~,:'
....~.! '~."':'. /.11. !/~
~ .... ' .. HeIarJ'PuWl ..
.,,';,"'. ,-
9-6-92
",..,<'
>,\,,','
CC10RADO.. Ilntla F..II,
FIImIe ...",..,. Mill ClUF':tM ItImlMBt'f
......f.
F_IOOI,_t,
(4_tz)t.1211'-41
>'...
;/
l
~~ ';i&l~;~~~'~~15.:,~:'j;i$~A.~",16t~j'A\""""'~~"'~{'V:'
, t ._'" ",.,'
-.... .JI....ti- ...... '-'> " ," r'.<
,.~.
,.
~"-,,.'~i
-<
ATTACHMENT 0
CITY MAP
.0'- t\
. - _/\~\
\, . B \
\.---------~ ~ \'
------- --~ \..
\ \-
.\ \
\ ,\
\ \
'--- \ \
\
~
-,
.
,.
!
....___.0
"
,
j
^
....
C/l
uJ
<.>
?
ex:
(l..
C/l
I
1.'.'
~
"
,~
'!-+-.. .,,," .' ~.. .....~"........ ""'~''''''. (
Vi~"~'l,)1..~,.".},:J"". "T"-2i-;>'~""'" .'.
1! I. MIN (;,1- Sl~ ~~~- , .'
, l-
'2 M~ ldj-'c;,'S~/~ y...lt
.:?R:Q::: v-,-fD ~f-
.~ :_1:.-soa<;'~/~I)- IX q~....+-I...!-
~, 10. v-:: ht- tvi A /11 = ee,o'
1.\', Mtr:. ~1:-'+:~ y~ S<.-yt,~..,p~ ~&l_-.._.
..--..--. _...'_...._______~J::"t_~ =:_~~_:..____.._..______ ._~___,,_ __ <~\
----_~---ft...k6~~+-.. ~~,~__lQ.(J!=',~ _ '____"'__,_____"',
..~ ' I,
-n-----.C'C----- -~--~----~AlL ~~~ S_.h~~ ________ ~__
,-,
)?rNfJe{- . .
'~lLU~r~
prt?P( ~
.' ~~~
'~I'
..~:._,.::,....::.-:..-:.<.':..:..._' .~
, .0,.
i.
L,
,-!
'",.'
,"'"
t.t~. :~;,;u,'~'C>'f?).
!/-:"" \ '
?/iil~;~ .l~T?fsC(
l'l .......,.,J~~
~ , ;
i'l
:~
""'::',::,"',:':,'f
"-',+:./:":;f::";
"
.. f'
i
h'
C
L
f '
I
r---
i"
~
"":1;:"':"".'
___-'-______.._.--...-----_~l-- ~_::J?I I->;.~' _._.'.....____..._..___________.____ _______
--------c-'---------~-,~-=---S~J~.~ -',-------_------.-,..-------__
-----.-...----..---S:-..Sl&..~~----T-----------------,,-------.
n----~---_....J.tr_/Olll-- xt.OD__'i.L_ :: c;. -;lrw'~_ . "---( + y-~ ~,_
______________,_-.--- _---- ._____ '''''__.__~, =_L'2_:..h~ <;-t~ ~t--\-..,(Ii1-t.j,~,
___,_" C. "'0l:~~-~/~-J1j3Q;L~~) ;,~'~
~ ffil -.., rrt.> ~r;. h l-
7 -li'~~iwt" :: ?S' (r~~ b'A,))i V'~~+ ?;(~b.~ (~~
Of" \ -z,l &'r' reM II ~ I..;.. i 0-
___....____....,_.......~_~~_~~ ~_~GikJ_ b\J.~?:...-------.:-'----------~--.
--------------.-......---t~:~l~~~-;=f~~~r~-~~s:F~ .[~~-f7lo~~tT;F---.
..... .. n '.- ';,~I.#~f!'..K._,
-~~
. '2-~
,-,
,-,
~
----,...-----
Ii
II
I' ,
lI'I--
;.,-..,.
I . , --,---~----
. ~~:J.:J~~~ I-~-i · I
, \ to I(M~'t--,. _,
:i "\ .!~;"-~ /. ~ L~~~
,:1 i, +1,+' .~,.?_.; '" L.-----t-----.----~---~----.-~-
U! ) ; . !
*-_.___.____..__~"-,-.----!--c.-.; ~~~--,~-,--.~-..------~,---:,-"--,~-"t_---------,--------...--
.'1 1 \ . I'" 1 \. '
:I '.;".n i' __ I~
i 1'1"",' "" ji f~ -;
'., . ." 't- ''''" -'.:. - -r . II -c-; .--.
::1 .,",4:" ,." , ,'j l J 'Jo , ""'.... , " I ~ I
~ ,i ~:" 1~' . T'--t3~-'C-~~/7' --- .-. ~-
. -----'c,~___i--i '_n___'___~~~~! .,:+:c~~:~- . __ ,___ ,n,__,___,__ -===--__
,_______;_,_,_______~_"--Tj.~_,_____,_f~_t__.
r-
,
";1
1"\1' 14M,
- ____________C_"",~"'---'_=__--"-----"-------(~~ (r~~-' -- --, -..-- --'" .....
_____,___ " .,.;;" '" ( l:\ ,/
--'-7-'-------------_-\::,-'--~--=-c-.-' '___________"_____=:.-.
rob
...----6------'-
?,
;1
ft'.~ -m....+ s-p --------, ::-tf-r~'! Ji'
fZ! r,."'; n-n-,r s ~ . ----
~_, I:2___.______,__.______________c_____________ ,______
'\ --
. "--,,,/
t.;.r.i..!.,i t;:..~ A--'",
. ".....:...i.jl_.J....-.~~!..:~
i!
~!:'!-.Ll~j- .,
';;
;j1
,i
____----~ t4, j~ ~t- .~~ Nj-~(fiV' ~t~-~--A... / __J_____
;W1--~tt~~ lots_~~ ,J.-~~-~-~~~+--
i' lit, n. __L ~ ~ IA.' :
::\\j ~~~u"---a r~, ~"'.f\(~' , on" ;-
I,' )
;:11\::--- "- -
\,1 ' ~_---:...- -.-,.-,--.----- -'----'.
'11
>:
..-4---------.-~----
...----.-,..------~1.--.-.----...-.--.------.-....--.----'----~.---------...---------..---.-.--.----.-.-...----.-.--~..-
ii
'---.-.-----.----------......---..--..-r-----.--.--m-.----.--.--------...u---.--'--...-o.-o:------.-......________.._.._. -.__~__._.. _"..._. .._. __.__..__.__.__ ..._ _._