HomeMy WebLinkAboutcoa.lu.su.Golf Course.1985 CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 - 2020
MEMORANDUM
DATE: October 4, 1985
TO: City Council
City Engineer
Planning Director
Finance Director
FROM: City Manager
City Attorney
RE: Proposed Agreement for Purchase and Sale of Lot 2, Golf
Course Subdivision, Commonly Referred to as Red Roof Inns
In preparation for further discussion of the Red Roofs' trans
action and second reading of the approving ordinance which will
occur at the October 15 meeting, the following memorandum will
outline the terms of the agreement as currently proposed and
inform you of our ongoing discussions with Red Roofs:
A. Outline of Proposed Agreement for Purchase and Sale
1. Property Encompassed_by_Sale:
- Tract of real estate containing approximately four
acres, identified as Lot 2, Golf Course Subdivision.
- All buildings, fixtures, parking lots, tennis courts,
swimming pool and related improvements constructed thereon (i.e.
"improvements ").
- All furniture, furnishings, supplies, equipment and
trade fixtures owned by the City and currently located in or about
the improvements ( "equipment ").
- An ingress and egress and utility easement connecting
the real estate with State Route 82 ( "access and utility ease-
ment").
- All utility easements benefitting the real estate or
servicing the improvements as shown on the subdivision plat
( "utility easements ").
Memorandum Re: Sale of Red Roof Inn
October 4, 1985
Page 2
- A sign easement for the continued placement and main-
tenance of the identification sign currently located along State
Route 82.
BY COPY OF THIS MEMORANDUM, I AM REQUESTING THAT THE CITY
ENGINEER ASSURE THAT THE GOLF COURSE SUBDIVISION PLAT PROPERLY
IDENTIFIES THE APPRORPRIATE EASEMENTS, ETC.
2. Purchase Price.
- The purchase price for the project is $2.5 million,
payable as follows:
- $500,000.00 in cash at closing.
- Balance to be paid by promissory note, bearing inter-
est at the rate of 10% per year. The note will be payable in five
annual installments of $400,000.00 of principal, together with
accrued interest and shall be fully due and payable within five
years from date of closing. The first payment will be made on the
anniversary date of the note (October or November, 1986, depending
on the date of closing), and remaining payments will be made on
subsequent anniversary dates, i.e.:
Fall, 1986 $400,000.00
Fall, 1987 $400,000.00
Fall, 1988 $400,000.00
Fall, 1999 $400,000.00
Fall, 1990 $400,000.00
fl7000,000.00
- The note can be prepaid in full or in part without
penalty and shall be secured by a deed of trust on the real estate
and improvements.
- Default interest is currently set at 12%.
- The note and deed of trust will be without recourse
against Red Roof Inns; that is, in the event of default, Red Roof
Inns will not be personally liable. Therefore, the sole remedy of
the City in the event of nonpayment will be to proceed against the
project through foreclosure, eviction, etc.
Memorandum Re: Sale of Red Roof Inn
October 4, 1985
Page 3
3. Title.
Title will be conveyed subject to easements and restric-
tions of record and covenants restricting the use and development
of the project as set forth in the ballot question submitted to
and approved by the voters in a general election conducted on
May 5, 1981; specifically: the sale will permit the private devel-
opment of units intended for general use as short -term tourist
accommodations in conjunction with the construction of public golf
support facilities; the purchaser and purchaser's successors and
assigns will be permitted to replace the tourist accommodation
area with a total of not more than 50 bedrooms (the number of
lodge bedrooms currently existing); the purchaser will not be per-
mitted to expand the existing Plum Tree structure; should any fur -
ther development be sought by the purchaser or purchaser's succes-
sors and assigns, approval for such further development must be
obtained from a majority of the electors voting thereon, and the
necessary allotment for any additional units must be obtained pur-
suant to the Growth Management Quota System.
4. Title Insurance.
- The City will pay for title insurance which is being
requested from Stewart Title.
5. Conveyance to Third Party.
- Paragraphs 6 and 7 of the current draft set forth the
understanding that Red Roof Inns will simultaneously sell the pro-
ject to the Wilhelm Group, and that the City will approve and con-
sent to the sale to the Wilhelm Group either by an outright con-
veyance or under the terms of an installment sale agreement.
- At closing, the present lease will be terminated, with
the understanding that all rent payments will he prorated through
the date of closing. In addition we are negotiating assurances
that the premises will be adequately maintained until the note is
paid off in full.
6. Commissions.
- The present provision regarding commissions will be
revised to recite that the City will be solely responsible for
paying any commission. As you know, an understanding with
realtor Dick Fitzgerald regarding a broker's commission has been
brought to the attention of the City Manager.
Memorandum Re: Sale of Red Roof Inn
October 4, 1985
Page 4
7. Miscellaneous Provisions Regarding Water Line, New Roof
and Liquor Permits.
We have requested that provisions regarding the install-
ation of the water line, new roof and liquor permits be deleted.
8. Consequences_of_Sale_
It must be remembered that after the transaction is con-
summated and the note is paid off in full, the City will lose con-
trol over the facility, including all amenities such as the tennis
courts and swimming pool. Since the note will be without
recourse, the City's legal remedy in the event of default will be
limited to foreclosure, and it is conceivable that the City will
at some time in the future regain possession of the project. It
should also be remembered that the lease is currently into its
fourth year (with rent at $250,000.00 per year) and provides for
an option to purchase for the sum of $2.5 million or to extend the
initial term of the lease for an additional five years (in which
event the purchase price will be $3.4 million). Therefore, the
proposal appears advantageous to the City to the extent that it:
- Provides the City with an immediate payment of
$500,000.00.
- Provides the City with an expectation of $2 million at 10%
interest, collateralized by a deed of trust on a project which
presumptively is valued at in excess of $2 million.
- The facility will be operated and serve as an amenity to
the nordic ski operation in the winter and the golf course in the
summer.
B. Timing_
As with most other matters which have been coming to the
Council's attention of late, Red Roof Inns is anxious to finalize
the approval. Therefore, we recommend that each member of the
Council scrutinze this agreement prior to October 15, and present
whatever questions you may have sufficiently in advance so that
additional concerns may be incorporated into the closing docu-
ments. Attorneys for Red Roof Inns will be arriving in Aspen on
Tuesday, October 8.
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%CQVS MEMORANDUM - I/
TO: ALAN RICHMAN, Planning Department
FROM: JIM HOLLAND, Director of Leisure Services
DATE: MAY 10, 1985
SUBJECT: GOLF STARTER SHELTER
I have recently submitted plans for the small ( + -20' diam),
laminated beam, shake roof, hexagon starter shelter noted
on the attached Golf Course Conceptual PUD Site Plan and
the "As- Builts" from the Engineering Dept. Since the Bldg.
Dept. and all of us caught so much flack for the Pro Shop
setback, even though there is no 200' setback restriction
in the City of Aspen, Bill Drueding has requested I run this
by you for review and comment. You'll probably recognize
this site plan as the one taken to P &Z in March of 1983.
We finally got the funds together through our lottery fund
apportionment. Just comment on this and send back if you
would, please.
THANKS.
HIGHWAY 82 & MAROON CREEK • ASPEN, COLORADO 81611 • (303) 925 -2145
ME MORANDUM
TO: Jim Holland, Director of Leisure Services
FRO!:: Alan Richman, Planning Office
RE: Golf Starter Shelter
DATE: Nay 13, 1985
I have receives. your drawings pertainl.nd to the new building at the
Golf Course. Fro;.:, my conversations with the Building Department on this
matter, I was unclear whether or not you were following your approved
PUD. It is now obvious that this buiidinc did get the necessary sign-
offs, so I have no need to further review this matter. Please proceed
to Building Permit Review.
cc: Bill Drueding
Scotch@ 7664 "Post-it" Routing- Request Pad
ROUTING - REQUEST
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MEMORANDUM
T0: Aspen Planning and Zoning Commission
FROM: Alan Richman, Planning Office
RE: Golf Course Subdivision - Preliminary Plat and Rezoning
DATE: January 25, 1982
Zoning: Park, small portion with Transportation Overlay
Lot Size: 186.035 Acres
Location: Highway 82 and Cemetery Lane (22474 State Highway 82)
Applicant's
Request: This is an application on behalf of the City of Aspen by the
Engineering Department. The applicant requests approval of the
preliminary plat submission which subdivides the golf course
into two parcels and also requests that each parcel be rezoned
as appropriate to the use of the property.
The applicant requests that Lot 1, encompassing the 182.035
acres of land used for the golf course be zoned as "P" - park.
The applicant further requests that Lot 2, encompassing the
four acres of land to be ]eased along with the Plum Tree Inn
be zoned as "P" - park, with a "GCS" - golf course support,
overlay. Finally, the applicant requests that the land
adjacent to Lot 2, which includes the existing parking lot and
private roadway, and which is included in Lot 1, also receive
a "GCS" overlay designation.
Referral
Comments: The Planning Office received the following comments regarding
this application:
City Attorney - The subdivision should be conditioned upon
the recording of covenants running with Lot 2 setting forth the
terms and conditions of the ballot question which authorized
the sale of the Plum Tree premises.
City Engineer - The plat should be revised to include the
following items:
1. Lot 2 should include a minimum 10 foot easement to provide
maintenance access to all irrigation ditches and culverts
traversing the parcel. These easements should be located
by the surveyor and included on the plat.
2. The plat should indicate not only the date it is signed
and sealed by the surveyor but also the actual date of
survey.
3. The plat should include:
a. The length of the arc around the end of Sierra Vista
Drive, Lots 32, 33, 34, 35, and 36, of the West Aspen
Subdivision.
b. Sheet 2 refers to a description of Lot 2 and the golf
course support zone but fails to state what sheet said
description is on.
c. Complete sheet indexing.
Major Utilities - The City of Aspen Water Department and the
Aspen Metro Sanitation District indicated that no problems were
anticipated regarding the provision of service to the subdivi-
sion. Rocky Mountain Natural Gas indicated that the plat should
Memo: Golf Course Subdivision - Preliminary Plat and Rezoning
Page Two
January 25, 1982
be corrected to indicate the natural gas service line into the
main boiler area. No other major referral comments were sub-
mitted by the utilities which would support this subdivision.
Planning Office approvedebyuthesPlanningnCommiss the
ion
an October subdivision was
and by
Review:
City Council on November 9, 1981. Both bodies conditione
their approval on two major changes being included in the later
submissions. These changes involved the removal of Lots 3 and
4 from the subdivision, which were to be used for employee
housing, and the designation area
Lot "GCS" with
Lot 1 as "GCS" overlay. . applicant has fully
both of these conditions.
The Planning Office supports this application to subdivide the
golf course property because of the public benefits i t
CityiAt. neyyoaney, 'facilitatetthellease /option agreement between
C
hey At, This agreement guarantees that
the City and Red Roof Inns, Inc.
substantial physical improvements will be made to the Plum Tree
premises and insures that this important component of our lodging
alsondesignatesenornewhareaskfortdevelopmenttpurposes subdivision
thus
guarantteeing that the land which was urchased as open space
acts asnalmeansotou bring n �
anonconforming use t into Zc conforming ly
acts
status, allowing the City to proceed with its disposition in an
orderly fashion. Attorney
At your previous meeting on January 19, 1982, the City
raised a question as to whether it was appropriate to zone the
entire 186 acre parcel as P with a GCS overlay. t
. to my
Due e t t on of .
absence, this application was tabled, p ending
this issue.
Office believes that zoning the golf course itself
a se olfnCou Support overlay would not be appropriate.
land Go la Course ed as open space and City Council has recently
lone on ns record wn ng its use as open space. We believe
that t zoo rgor ning this maintaining
land dna as GCS would b the City that,
t
at some point in time, this use may be a changed. b y We have heard
nothing during the review process to indicate that the City of
Aspen has such an intention. We ther � f o o it s c present use recommend
that the Golf Course be zoned simply rove the Golf Course
Office recommends that you app Council
Planning Office The Planning Office
submission and recommend that City
Recommendation: Preliminary Lot Lot 2 as Park with a Golf Course Support
rezone L 1 as Park, the to the
to and also designate the land Overlay, sue plat
Lot 2 with a Golf Course Support
conditions: with
1. The applicant agreeing to record covenants running
Lot 2 of the subdivision setting forth the terms and
conditions of the balloqueston which authorized the
sale of the Plum Tree premises.
pat which corresponds
2. The applicant submitting a final p
to the approved preliminary plat, but also containing the
following revisions:
A. providehmaintenanceeaccesslto all irrigation ditches
and culverts traversing the parcel. These easements
should be located by the surveyor and included on the
plat.
B. The plat should indicate not only the date it is signed
and sealed by the surveyor but also the actual date of
survey.
Memo: Golf Course Subdivision - Preliminary Plat and Rezoning
Page Three
January 25, 1982
C. The plat should include:
1. The length of the arc around the end of Sierra
Vista Drive, Lots 32, 33, 34, 35, and 36, of the
West Aspen Subdivision.
2. Sheet 2 refers to a description of Lot 2 and the
golf support zone but fails to state what sheet
said description is on.
3. Complete sheet indexing.
4. The natural gas service line into the main boiler
area.
APPLICATION FOR SUBDIVISION
GOLF COURSE SUBDIVISION
PRELIMINARY REVIEW
The accompanying prints are the prelininary plats for the
Aspen Golf Course Subdivision.
The subdivision is submitted for preliminary review per
Section 20, Subdivision Regulations, of the Municipal Code
of the City of Aspen.
The Zoning for Lot 1, is hereby requested to be continued
as "P" Park except for the area adjoining Lot 2, shown as
Golf Support area. The Zoning for this exempted area should
be Golf Support area. The appropriate Zone should be applied
to Lot 2, which is four (4) acres in size encompassing the
lodge building.
The transportation overlay should be removed from the property.
This application should be deemed the preliminary presentation
pursuant to Section 20 -11 of the Municipal Code.
Louis Buettner
Engineering Department
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MEMORANDUM
DATE: December 17, 1981
TO: Alan Richman
FROM: Paul Taddune
RE: Golf Course Subdivision - Preliminary Plat
I recommend approval in order to facilitate the lease/
option agreement between the City and Red Roof Inns,
Inc, regarding Parcel 2. The subdivision of Parcel 2
should also be conditioned upon covenants running with
the land setting forth the terms and conditions of the
ballot question authoriziny the sale of the Plum Tree
premises, a copy of which is annexed.
PJT:mc
Proposed Sale of the Plum Tree Inn
Vote Yes or No on the following
• Shall the sale by the City Council of that property consisting of approximately 4.0 acres
and its improvements, currently known as the Plum Tree Inn, located at 22475 State Highway
• 82 in the City of Aspen, County of Pitkin, State of Colorado, at a purchase price of not less
than 2.5 million dollars, be approved pursuant to Section 13.4 of the City Charter.
Conceptually, the City Council will negotiate a sale which will permit the private devel-
opment of units intended for general use as short -term tourist accommodations in conjunction
with the construction of public golf support facilities. The Purchaser and his successors and
assigns would be permitted to replace the tourist accommodation area at the Plum Tree Inn
with a total of not more than fifty (50) bedrooms (the number of lodge bedrooms currently
at the Plum Tree Inn). The Purchaser would not be permitted to expand the square footage of
the existing Plum Tree Inn structure.
Should any further development be sought by the Purchaser or his successors and assigns,
approval for such further development must be obtained from a majority of the electors voting
thereon, and the necessary allotment for any additional units must be obtained pursuant to the
Growth Management Quota System.
The City Council will enact such zoning legislation as may be necessary to accomplish the
terms of the sale. The proceeds of the sale must and will be utilized to retire debt in accord-
ance with prior bond sales.
4 + w
MEMORANDUM
TO: Alan Richman, Planning Office
FROM: Jay Hammond, Engineering Department $
DATE: January 7, 1982
RE: Golf Course Subdivision, Preliminary Plat
•
Having reviewed the above submission for preliminary plat,
and being acquainted with the site, the Engineering Department
has the following comments:
Due to the nature of this subdivision, that is the seperation
of the Plum Tree property for the purpose of sale, and the City
owned status of the remaining lot, many of our concerns
regarding rights of way and easements are negated. Further,
since the Plum Tree is already developed and there are no plans
for changes or expansion at this time. Should the purchaser
or leaseholder of the newly created Lot 2 wish . to undertake any
changes or futher construction, a development application
addressing such concerns as grading, visual impact, tree removal,
etc., would be required. The purpose of this preliminary
document, therefore, is purely to define a seperate parcel
containing the Plum Tree and to create a new zoning designation
for appropriate golf course support facilities.
The plat submitted with the application addresses this purpose
for the most part, subject to the following items:
1. Lot 2 should include a minimum 10 foot easement to
provide maintenance access to all irrigation ditches and culverts
traversing the parcel. These easements should be located by the
surveyor and included on the plat.
2. The plat should indicate not only the date it is signed
and sealed by the surveyor but also the actual date of. survey.
3. The plat should include:
a. The length of the arc around the end of Sierra Vista
Drive, lots 32, 33, 34, 35, and 36, of the West Aspen Subdivision.
b. Sheet 2 refers to a description of Lot 2 and the golf
support zone but fails to state what sheet said description is on.
c. Complete sheet indexing.
li
Aspen /Pitkin Planning Office
130 south galena street
aspen, colorado , 81611
MEMORANDUM
TO: Jaul Taddune, City Attorney
✓Dan McArthur, Engineering Department
Jim Markalunas, City Water Department
Heiko Kuhn, Aspen Metro Sanitation District
Jim Holland, Parks Department
John Spangler, Holy Cross Electric
Herb Paddock, Building Department
V Rocky Mountain Natural Gas
Wayne Chapman, City Manager
FROM: Alan Richman, Planning Office
RE: Golf Course Subdivision - Preliminary Plat
DATE: December 14, 1981
Attached is the Preliminary Plat submission for the Golf Course Subdivision,
City of Aspen. Ordinance 68, series of 1981, amended the zoning sections of
the Municipal Code by the creation of a Golf Course Support Overlay Zone
District, and by amending the permitted uses of the Park Zone District.
Please review this application and return comments to me by Tuesday, January 5,
1982. This item is being scheduled for the City P & Z meeting on January 19,
1982.
Thanks for your assistance.
•
Aspen /Pitkin Planning Office
130 south galena street
aspen, colorado 81611
MEMORANDUM
TO: Paul Taddune, City Attorney
Dan McArthur, Engineering Department
Jim Markalunas, City Water Department
Heiko Kuhn, Aspen Metro Sanitation District
Jim Holland, Parks Department
John Spangler, Holy Cross Electric
Herb Paddock, Building Department
Rocky Mountain Natural Gas
Wayne Chapman, City Manager
FROM: Alan Richman, Planning Office
RE: Golf Course Subdivision - Preliminary Plat
DATE: December 14, 1981
Attached is the Preliminary Plat submission for the Golf Course Subdivision,
City of Aspen. Ordinance 68, series of 1981, amended the zoning sections of
the Municipal Code by the creation of a Golf Course Support Overlay Zone
District, and by amending the permitted uses of the.Park Zone District.
Please review this application and return comments to me by Tuesday, January 5,
1982. This item is being scheduled for the City P & Z meeting on January 19,
1982. - •
Thanks for your assistance.
te"-C-1— (� e� �y 770- -(/cam
p - 77apai 6L-?t
•
•
Aspen /Pitkin Planning Office
130 south galena street
aspen, colorado 81611
MEMORANDUM
TO: Paul Taddune, City Attorney
Dan McArthur, Engineering Department
Jim Markalunas, City Water Department
Heiko Kuhn, Aspen Metro Sanitation District
Jim Holland, Parks Department
John Spangler, Holy Cross Electric
Herb Paddock, Building Department
Rocky Mountain Natural Gas
Wayne Chapman, City Manager
FROM: Alan Richman, Planning Office
RE: Golf Course Subdivision - Preliminary Plat
DATE: December 14, 1981
Attached is the Preliminary Plat submission for the Golf Course Subdivision,
City of Aspen. Ordinance 68, series of 1981, amended the zoning sections of
the Municipal Code by the creation of a Golf Course Support Overlay Zone
District, and by amending the permitted uses of the Park Zone District.
Please review this application and return comments to me by Tuesday, January 5,
1982. This item is being scheduled for the City P & Z meeting on January 19,
1982.
Thanks for your assistance. ea-EL/$-7.-44_7
�d e a-ACI 4,C"7 t-. r ti 7/ /'cAi
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ASPEN WATER DEPARTMENT
MEMORANDUM
TO: ALAN RICHMAN- PLANNING
FROM: JIM MARKALUNAS
SUBJECT: GOLF COURSE SUBDIVISION- PRELIMINARY PLAT
DATE: JANUARY 6, 1982
Attached is a copy of our last correspondence regarding this project. We have
nothing to add.
ASPEN WATER DEPARTMENT
d
MEMORANDUM
TO: ALAN RICHMAN- PLANNING
FROM: JITi MARKALUNAS
SUBJECT: GOLF COURSE SUBDIVISION - CONCEPTUAL SUBMISSION
DATE: AUGUST 17, 1981
We have reviewed the proposed application for subdivision and forsee no problems
associated with the water utility, since the property in question (existing `0-
unit Lodge with restaurant) is presently serviced with City water.
Parcel 1 is presently being used as a golf course and under irrigation with raw
water. It is not anticipated by the Water Department that this use would change.
Parcels 3 & 4 are adjacent to a 6" water. vain ( "Golf Course Interconnect ") and
water would be available to these parcels upon application for utility connection
permit. It is assumed these two lois are to be used for residential purposes.
In reference to Parcel 2 with the transportation overlay, it is assumed that this
would allow for some type of public facility. In the event that such public
facility were constructed in this area, water could be made available by special
tap from the new 15" "West- Side /Down- Valley " transmission main presently under
construction.
In essence, water is available to all four parcels.
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7 Charles Lyons & Edeltraud Holzner
Box 1697
Aspen, 0 81612
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Aspen/Pitki 1 .i) ., ing Office
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FORWA I n'T L G ORDE
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Joseph M. and Judith L. Zanin
Box 1408
Aspen, Colorado 81612
CITY/COUNT' PL gt.r.sg
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Agrrg‘i JLORigo JO 81 G 1 tt,rer °
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OCT
• 8tkno & Sallie Pasquilnei,31
Box 503
" Illinois 60438
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Aspen/Pitki .A ing Office
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130 so "( street ,
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aspen, 81611
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Robert C. Roosen
i\ 6120 $t. Joh s Drive
Eden Prairi , Minnesota 55343
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OCT 082
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NOT DELIVSLI
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Richard R. & Cora C. Kelly ,
c/o Proper ies
409 E. Dur nt
A en, CO 1611
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BUR 77 2A05MKN1 10/05/82
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John S. Cant & Charles H. Burt
OCT : ;1 "004,
11W Box 177
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Aspen, CO 81612
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130 S. 0 ALC: iA
ASPEN, OCILOSA00 818 i t
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Sandra Ochs
1425 B Sr4 Vista,..Dr.
Aspen, 0 8 611
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William W & Constan e M. Owen
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tiJ] OCT 6 198c. 1435 S• rra ista r.
As pe , CO 1611
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