HomeMy WebLinkAboutLand Use Case.716 S Galena St.021A-84 i
*/• ,� s CASELOAD SUMMARY SHEET 11„
1 City of Aspen
CASE NO (72//) •:
STAFF: L o\2-
PROJECT NAME: -ilC"MYY3 f'` a 80'40 GYffird I e--e- GlA)
APPLICANT: rhr14 (4_24 --amYY(,r.46 Phone:
REPRESENTATIVE: 46..C., rY)Qui, / /tom, Cf._A('D�` 'Fl. S -C2 Phone: rid-5- �-opc,7
TYPE OF APPLICATION: (FEE)
I. GMP/SUBDIVISION/PUD (4 step)
1. Conceptual Submission • ($2,730.00)
2. Preliminary Plat ($1,640.00)
3. Final Plat ($ ; ' 820.00) '
II. SUBDIVISION/PUD (4 step)
1. Conceptual Submission ($1,900.00)
2. Preliminary Plat ($1,220.00)
3. Final Plat ($ 820.00) f
III. EXCEPTION/EXEMPTION/REZONING (2 step) ($1,490.00) /
IV. SPECIAL REVIEW (1 step) ($ 680.00)--
X_ 1. Special Review
2. Use Determination
3. Conditional Use
4. Other: eo 6rr,�ili(Le,
P&Z MEETING DATE: �~1"1, 3 CC MEETING DATE: DATE REFERRED: 6/3//kg
REFERRALS:
____pity Attorney Aspen Consol. S.D. School District
City Engineer Mountain Bell Rocky Mtn. Natural Gas
Housing Director Parks Dept. State Hwy Dept. (Glenwood)
Aspen Water Dept. Holy Cross Electric State Hwy Dept. (Grd. Jctn)
City Electric Fire Marshall Building Dept.
Environmental Hlth. Fire Chief Other:
FINAL ROUTING: DATE ROUTED: 7/�10"
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City Attorney \/ City Engineer Building Dept.
ZOther \ \(1 -'Q.{' �n 41 ' �/ Other: `Fre. . '•' f-_�:1 1
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MEMORANDUM
TO: Aspen Planning and Zoning Commission -
FROM: Colette Penne, Planning Office
RE : Hemmeter 8040 Greenline Review
DATE: September 18, 1984
You gave 8040 Greenline approval to the Hemmeter residence on July 10 ,
1984 , with the following conditions:
1. The ultimate buildout will be limited to 13 ,475 sq. ft.
2. The Water Department must perform flow and pressure checks
on the fire hydrant and if a deficiency exists, a water pump
or other remedy must be installed.
3 . A new fire access stair must be built at the southwest end
of the structure and a new fire hose cabinet installed at
the hydrant location.
4. Further soil tests must be performed prior to construction
which confirm that the soils can accommodate the additional
expansion.
5. Revegetation and landscaping plans must be completed as soon
as possible following construction.
6. Drywells must be installed to handle increased roof runoff.
7. The applicant agrees to pursue reduction of the elevator
tower or further mitigation of its visual impact.
Since the approval, design changes have been made which the Planning
Office feels you should review. The first two points in the letter
from Larry Yaw (attached) respond to Condition 7 of the approval and
concern expressed at the meeting for the visual impact of the entrance
bridge. As outlined in the letter, the elevator tower height has been
reduced by 6 feet. We would like confirmation from you at the meeting
that the new location is considered preferrable. The bridge from the
elevator tower to the house has been reduced in length from 87 feet to
50 feet, the number of bends in it have been reduced from two 90
degree angles to one 27 degree angle, and one pylon has been eliminated.
The applicant has decided to increase the floor area of the structure
to the maximum set in your July 10 review ( 13 , 475 sq. ft. ) . Of the
additional area, the applicant submits that only 612 sq. ft. is visible.
The drawings and the landscaping plan will be presented at the meeting
for your review.
PLANNING OFFICE RECOMMENDATION
If you feel that the alterations in the elevator tower and bridge, the
additional floor area and the landscaping are in keeping with your
earlier 8040 Greenline Review, we recommend that you approve these
changes subject to the same conditions and the documentation and plans
be added to the 8040 Greenline Review caseload file (Case #21-84) .
ECaIVjE 1
•
OCT I 1 1994 •
MEMORANDUM .
TO: Jim Wilson, Chief Building; Official '. ,
• 'PROM: Bill. Drueding ,•• • .. ' .
DATE: October 9, 1984 . ','
RE: Hemmeter Residence: .
As you may recall, on June18, 1984, we were escorted through the . '
' 'Hemmeter residence. I made a 'bedroom and dwelling unit count. At .
that time I observed two dwelling units and six bedrooms.. I passed this
information on to .Planning.' .
After .looking at plans, things jut were not adding up, and it appeared ,
that there would be an addition'•o;f two bedrooms requiring Park Dedication :
Fees, and additional parking:. .I . passed this on to. the architect who
• stated there were already eight 'bedrooms existing.: '
On. October. 9, 1984, I met .wi th' Welton::Ander's:on:,to .'reinspect. the residence.
• This'. time, I .observed .the `fo,llowing bedroom''and kitchen count: .
' 3d floor Master bedroom,.. 1 'full kitchen '. ' :
2nd floor 3 bedrooms,, 'one(1 bedroom .full kitchen apartment) .
• 1st floor - 3 bedrooms,; one full kitchen. :
• Total,' 8 bedroom'. "triplex',' • ' . . . . '
As you may recall, those representatives showing u.s the residence
' did not appear to know the 'house:: I do not believe anyone was trying .
to deceive me, but the odd: configuration of..the residence caused an • ,
-inaccurate showing or viewing of the residence. •
The zoning here is mixed,' R=15, 1. -.2., and•C: If',, • as I' feel we should;
use the R-15 zoning category as the predominant zone, then the existing
• triplex would be:a non-conforming, use, not allowed any expansion witout
a variance. I explained .this ',to''Welton Anderson, who stated, he would
immediately begin .the employee. unit exemption from GMP process which
would then solve the 'problem. ' , A similar exemption process was used '
' in the Donna Curton-Madson: approyal. • ' , . '
At this point, I' ll be waiting for reactions from the Planning Department:
Copies:
Planning Department
. Patsyi'ew.ury • .
Paul' Taddune, City Attorney' .
• File .
•
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•
07,16,0
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aIIII141;1111;111; HAGMAN YAW ARCHITECTS,LTD
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29 May 1984
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Planning and Zoning Commission. +- T
City:-of_Aspen; t rt
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1.30 South4Galena S t r e e t. �__. -
- Aspen; Co lorado a81:611 . -+
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Re: : -Christopher.Hemmeter, Residence - - t -T-'
Elevator, and Bridge,.System1- -- . _.
-Application for 8040.Review 7 -- ,
. ; Dear.--Commission-Member-s:+ a ..-, - - _ .- - - .
• - Following 8040- Greenline review and-approval for an extensive-- reno-
• vation•of the former Blitz ;residence, the present owner; Mr-. Christopher -
Hemmeter,+ has completed the construction t-approved--by P '& -Z and+ the- t
fi : Planning Office., All finished-work
. } was-comple ted-"with--s;
tri�ct-a-d+h et re n c,
e
tot he representations mad e and-acce ted dur• g the Gr eeniine review.
'
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- Since the in•t•al tconstruction
byr Mr Blitz; the only'available source L
• Off pedestrian access' to the house-has been by mean's of an -existing '
+ elevator-rtower located-between' the-Durant; Condominium -buildings which t '
• connects-to the house -by a complex -series' of bridges,' stairways and `
pathways. Because-the-various-,elements of(this access -,route,--particularly
the elevator, are unsafe, visuall and, in -a ;general `state of ' ' '
visually :unattractive' a'
• disrepair-,--,-we seek 8040-approval-for-an-upgraded;access-system` to the +
Hemmeter--'residence. _. i — . . , - ,
• y
t -
Additionally - we'seek 8040 Greenline`approval -to -construct an 'addition � � '
of i approximately 3900-sq: .ft'. to the)existing house comprised tof '
bridge. entry, hall,- private;office', guest 'Ioun`ge, `master bedroom expen- ' '
1 ; _.r _flit "-- .., 1-T7 }
ni-�and -mechanical, support space.;I 1 I I r i + } � ? i
} 1 -- The gland parcel on which the improvement's would 'be constructed is
! -I described as Lot 1«4, Block 2 of 'Anthony Acres Subdivision;: and is
• located-adjacent to and above the Durant-Condominiums and borders
--~-the-Little :Nell-portion-of-Aspen-Mountain:? ! -r Wit-
Mr.,i �p p ses to upgrade the existing ".elevator tower and to
- r Hemmeter Y ro 0
replace its; ext'en`sive` system of interconnecting walkways,-"bridges,and' ';
stairs w� _�_ +- . L.-
- r t access to the house'm Thednew connetin f brig ewaf er and more direct
•t a n ,
i � ge y
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is rdesi, ned
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} 1 t I 210 SOUTHiGALENA SUITE 24 ASPEN COLORADO 81611 303.925•671 I ± + f-
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HAGMAN YAW ARCHITECTS,LTD
Letter to Planning and Zoning
Commission
29 May 1984
Page Two
considerably reduce the visual and functional complexity of the verti-
cal system necessary for pedestrian access to the house and will have
snowmelt walkway surfaces to enhance access safety.
The accompanying drawings indicate both the existing configuration and
those proposed for Greenline approval. The drawings are referenced
in the following response to the 8040 review criteria set forth in
24-6.2(b) of the Aspen City Code.
1. Whether there exists sufficient water pressure and other utilities
to service the intended development.
Response: The elevator requires no water and the house has
sufficient water pressure. Other utilities required for the elevator
currently exist. All existing and relocated utilities will be under-
ground.
2. The existence of adequate roads to insure fire protection, snow
removal and road maintenance.
Response: All related issues in reference to the house were approved
and committed to in the initial 8040 approval. The new bridge system
will not adversely effect roads, snow removal, road maintenance or
fire protection.
Previous fire protection requirements as described in the memo-
randum from Alan Richman, Planning Office, to Aspen Planning
and Zoning Commission, were previously constructed.
3. The suitability of the site for development considering the slope,
ground instability and possibility of mud flow, rock falls and
avalanche dangers.
Response: The new earth covered walk is located at the same ele-
vation as the first floor of the residence, and the new construction,
including retaining walls and new landscaping, will stabilize any
hillside disturbances. This will be done in accordance with the
recommendations of a licensed Soils Engineer's analysis and all
disturbed areas will be revegetated. Retaining walls are designed
to provide more slope stability than currently exists, and stepped
planting areas will enhance both the site appearance and its stability.
New landscaping will provide increased stability on the embankment
above the elevator and to the south of the house.
C�FIIIAI/
HAGMAN YAW ARCHITECTS,LTD
Letter to Planning and Zoning
Commission
29 May 1984
Page Three
4. The affects of the development on the natural watershed, runoff,
drainage, soil erosion and consequent effects on water pollution.
Response: The new bridge and covered walk will have minimal
effects on the watershed, runoff and drainage since the majority
of the construction is above ground, the below grade portion will
be adequately waterproofed to provide ground water drainage
around the structure. Surface drainage will be rerouted only at
the addition and will blend with the natural slope at the south of
the house. Soil erosion will be prevented by completed revegeta-
tion and retaining walls as described above. The new vegetation
will control soil erosion at the top of the embankment. Any and
all preventative measures necessary to minimize and arrest erosion
related problems incurred during the construction phase will be
taken. Construction is anticipated to be completed within a ten
week period and is scheduled to start in mid-July of 1984.
5. The possible effects on air quality in the area and city wide.
Response: No affects on air pollution are anticipated by the elec-
trical
traction type elevator to be installed.
6. The design and location of any proposed structure, roads, drive-
ways, or trails and their compatibility with the terrain.
Response: The upgraded elevator and new bridge system will -
significantly lessen the impact of the existing vertical access
system on the site and surrounding area. The visual impact from
the neighbors and especially. the Durant Condominiums is con-
siderably reduced by the simplification of the bridge system and
the use of materials that match the remodeled residence. (i.e.
stone veneer, wood siding, cedar shakes, lighting, etc.) The new
bridge system softens the visual confusion from the Durant Condo-
minium area and will not be visible from town. The new proposal
also simplifies and raises the bridgeway above the skier path,
eliminating possible clearance problems.
7. Whether proposed grading will result in the least disturbance to.
the terrain, vegetation and natural land features.
Response: The new addition and bridge work were designed to.
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HAGMAN YAW ARCHITECTS,LTD
Letter to Planning and Zoning
Commission
29 May 1984
Page Four
create the least amount of disturbance to existing grade and
vegetation. The existing vegetation consists primarily of scrub
oak. Minimal excavation beyond addition perimeters is planned,
with replacement of soil and vegetation that will compliment'. the
existing.
8. The placement and clustering of structures so as to minimize roads,
cutting and grading, and increase the open space and preserve the
mountain as a scenic resource.
Response: The elevator and bridge system are grouped together
for minimal site obstruction. The new design will preserve and
create new valuable open space between Aspen and the bridge
system. Most important, the new proposal will visually clear up
the area and thus enhance the scenic resource. Also, the new
vegetation, evergreens, and landscaping will add to the visual
amenity of this particular area of the mountain which is currently
characterized by diseased Aspen trees and scrub oak.
9. The reduction of building height and bulk to maintain the open
character of the mountain.
Response: The height and bulk of the new bridge system are at
minimal dimension to provide level bridge access to the house and
to provide adequate space for equipment requirements. Approxi-
mately 18 feet will be added to the existing elevator tower which
will provide level access to the house at its lowest floor level.
The height increase of the elevator will not block any views from
the Durant Condominiums or surrounding area not already limited
by the existing house location. The direct bridge access simplifies
the stairways, etc. , such as currently exists, and permits access
by elderly, handicapped, luggage carriers, etc.
Respectfully :submitted,
Ha man Yaw Architects, Ltd
Larry Y Al
Principal
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1Hemmeter-I 80 Greenline-ileview -! -, 4, 4- -H 1 i 1_ 4_ ,,, - . , , -
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1 ! the Planning !& Zoning Commission on 31 July , , ; , : 1 1
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Dear Colette:: ! ! ' , 4_
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Pursuant to your, conversation today with Michael 'Thompson of !our
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office, we are hereby addressing! the• concerns of Aspen's Planning. . , , , ! ,
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'Land Zoning, Engineering and Fire Departments 'At this time, in+
- -4 - 777 4 4 47 17 77*- -,-
! order to expedite things for your reView, it seeMs 'best to resond,
to each point! in the memorandUms inthe order they arrived in' tl?e • ' _,, , _ _
! mail' We enclose copies of this correspondence or our ire erence. , '
- -t--- t -t . : • your - 7---r---:
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Letter to Colette Penne .. ' , _,„ __, I _i__!, 4!„ _'__ ' , , ' _ 1, ,
,' ' f,rom: :Steve C_rockett,i dhief' ,I ' ,! ,I I
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I ! dated : 1.1_une 19, 1984
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Item LI In! order to verify the capacity tomeet the fire IflOw, requi,re- H '
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i 1 _ Ht ment_s_f_from the existent_ifirei hydrant, !we will peed to 'monitor
, ! the flOwland PresSure'at the hydrant.! j_In Conversation ' I ! • ' ,
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. ; today Twith!, Mr: Jim Ma'irkelunas_of the !WaterDTepartnrient,i_be ! 4
1. ,____1, statedj-that this ,coulCI fbe dohe' by Ihisjdepartmen't for a fee. ;
t land,
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We Would knoW at ,thrat time iwhether! the; water upply , 1 . !
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it d_ Pressure Were: sufficient4' and! could seek!a, r_emed_y_i if__,At were,' _.. • ! . ,
1 ___- i .____, _i_ T__ T„ deficiehtisuch as,•installing ta ;water i p,unip.,! to boOst. the presSure.
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I . Item_2. _Regardingi_fire_prOtection_teCiUirenientS_i_SpecifiCally_!_roads_and_i_:_i_i______1.
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Letter to Ms. Colette Penne
28 June 1984
Page Two
hydrant location were agreed upon. Fire access at the
northeast end of the residence exists as previously
proposed. This office gave assurance that this equipment
would be installed, the water flow be verified, and that
approved access will be provided at the southwest addition
end of the structure. This access would be gained from the
existing ski path below the residence.
Given the proper scheduling, this remedial work could
proceed with the commencement of construction.
B . Memo to: Colette Penne
from : Jay Hammond, City Engineer
Jim Markalunas, Water Department
dated : June 25, 1984
Item 1. The concern regarding water quantity to supply additional
demands has been addressed. Additional water fees and
costs of meters (if required) would be borne by Mr.
Hemmeter when they are established by the Water Depart-
ment. We can assure the Water Department that disruption
will not occur with their services, given their assistance
in locating it for the Contractor so he can avoid it.
Item 2. This has been addressed. A copy of the Hold Harmless
Agreement is enclosed (see legal attachments) .
Item 3. The retaining walls and foundation have been designed by
our consulting structural engineer, Anderson & Hastings, P.E. ,
of Denver. They are basing their calculations on the former
soils report from Chen and Associates, Soils Engineers, from
the former construction commencing in 1981 (4000. P.S.F.
allowable soils pressure) . In addition, these allowable soil
bearing pressures and general stability of the site will be
verified by further soil tests by Chen and Associates after
excavation begins. We do not anticipate any problems in
this area of the construction.
Item 4. Per a telephone discussion with the Engineering Department,
it was established that we are unable to connect to the
existing City storm sewer system because it is already over
capacity. This office was furnished the City's criteria for
calculating storm runoff and on-site storage calculations to
S •
11 Til
I X11111 III i HAGMAN YAW ARCHITECTS,LTD
Letter to Ms. Colette Penne
28 June 1984
Page Three
deal with the runoff increases due to the addition of
impermeable surfaces (roofs and terraces) . Acceptable
on-site water disposal was discussed with Bill Drueding.
This will be accomplished by appropriately sized dry wells
located on the property.
C. Memo to: Colette Penne
from: Bill Drueding, Zoning
dated : June 26, 1984
Item 1 . Jim Wilson (Fire Marshal) , Bill Drueding, Michael Thompson,
from our office and myself visited the Hemmeter Residence
today to walk the site, review the interior of the residence,
and to identify any problem areas with regard to the building
permit process.
During the discussion, it was established that based on the
criteria furnished to the Planning Department, we were well
within the allowable square footage limitations set by the lot
size. The, required square footage deductions based on the
steepness of the slope were taken into account. The calcula-
tions were made by Survey Engineers, Inc. , of Aspen.
Item 2. Property setback requirements were reviewed by Bill
Drueding. Legal easement-agreements (copies attached)
explain the situation at the elevator and bridge at the lower
portion of the property. Copies of the survey of the
property by Aspen Associates furnished to Bill Drueding
verified that there were no setback violations at the pro-
posed addition.
Item 3. This was discussed with Jim Wilson in our meetings today
at the Hemmeter Residence, and it has been addressed.
We hope this meets the City's concerns with Mr. Hemmeter's application
for both the 8040 Greenline Reivew as well as the timely issuance of
a construction permit. Because of the construction time limitations
imposed on us by the seasonal use of the only available access road,
we believe it imperative that we remain on schedule for the Planning
and Zoning Commission hearing July 3, in order to complete the
construction within our allowed time frame (October of 1984) . To not
do so has serious financial implications. Consequently, any additional
►: _. • •
HAGMAN YAW ARCHITECTS,LTD
Letter to Ms. Colette Penne
28 June 1984
Page Four
criteria your office may require will be handled expeditiously.
Please call me if I can be of assistance, or if you have any
questions.
Sincerely,
Hagman Yaw Architects, Ltd
•
Chad Kirk, Architect, AIA
CK :sv
Enclosures
cc: Christopher Hemmeter (w/ enc.)
Steve Crockett, Chief, Fire Department (w/ enc.)
Jay Hammond, City Engineer (w/ enc.)
Jim Markalunas, Water Department (w/ enc.)
Jim Wilson, Fire Marshal (w/ enc.)
Bill Drueding, Zoning (w/ enc.)
Bill Harriman, Contractor (w/ enc.)
Nick McGrath (w/ enc.)
•
=_MERL FHAGMAN YAW ARCHITECTS,LTD ;t
3 July 1984 f(
I ) ; , • ..to f •� ,`
Mr. Bill Drueding, Zoning. Officer
Aspen/Pitkin Building Department
- _Hopkins Street
Aspen, Colorado 81611
Re: Hemmeter Residence
Dear Bill:
Enclosed are prints of floor plans indicating square footage take-offs,
and a revised summary of square footage in the existing residence
and the new addition. Please note that on sheet A5 we have deducted
1226 sq. ft. for those areas that exist as subgrade space, per the
Aspen Code, Section 24-3.7(e) (3) .
SUMMARY jf::c ✓i:z { ! i '.,�' °�.�a
, y r 0
3ltr
Existing
ti
Sheet A4 Floor Plan Level One 1966 S.F. Igbb
Sheet A5 Floor Plan Level Two 1841 S.F.4(4O 15'07 '3O'L6
Sheet A6 Floor Plan Level Three 2551 S.F. 255'(
Total 6358 S.F. 1S.4 S.
Proposed
Sheet A2. 1 Plan Level 1 1770 S.F. t 14`4 = tgl4.
Sheet A2.2 Plan Level 2 989 S.F. -
Sheet A2.3 Plan Level 3 1317 S.F. 1 31 '7
Total 4076 S.F. 4101°
Existing Total 6358 S.F.
Proposed Total 4076 S.F. ' I '76PS'
GRAND TOTAL 10,434 S.F.
There have been discrepancies with these figures in the past in
measuring floor area for floor area ratio and allowable floor area.
Your department records show a considerably higher figure in the
existing residence, which were calculated on the basis of gross
square footage without allowable deductions. With that in mind,
we would like to make certain that these last revised figures are I
I 210 SOUTH GALENA SUITE 24 ASPEN COLORADO 81611 303-925-2867
p {
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I I HAGMAN YAW ARCHITECTS,LTD
Letter to Mr. Bill Drueding
3 July 1984 _
Page Two
acceptable to your department, and if not, adjust them accordingly
for your records. -
Please call if you have any questions, or if it would help if I
stopped by your office in person.
Sincerely,
Hagman Yaw Architects, Ltd
,,,,t640040.,1400,
Chad Kirk, AIA
CK :sv
cc: Chris Hemmeter
Nick McGrath
File
•
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•
MEMORANDUM
•
TO: • Aspen Planning and .Zoning Commission '
FROM: Alan Richman, Planning. Office
RE: Hemmeter 8040 Greenline Amendment .
. DATE: July 14, 1981 . •
Zoning: R-15
•
Location: Lot 14, Block 2 of the Anthony Acres Subdivision,
• on the Tower portion of Aspen Mountain above the
- Durant Condominiums near the top of Galena Street.
Lot Size: 78,408 square feet (1.3 acres) •
•
Background: On February 10, 1981, you granted 8040 Greenline .
approval to Chris Hemmeter to remodel the Blitz House.
The conditions .of your approval were as follows :
1. That the applicant install the following fire •
safety measures :
•
- tairs at both the northeast and
(:::—STAIe. -y- 1.N;-. 5a/4,r southwest ends of the structure to allow
o j 5oarj ' j r 0 aF access to the fire hydrant on the northeast
p,2opoScro A D 017-iv Ai.
property line; and
. - A fire box in the vicinity of the fire hydrant
on the northeast property line supplied with .
- one (1) - two and •one-half. inch"(2-1/2") to one
and one-half inch (1-1/2" ) grated wye, 200 feet
of one and one-half inch (1-1/2" ) single jack
• hose, two (2) - one and one-half inch (1-1/2")
. adjustable nozzels and one (1 ) - forceable entry
bar.
• 2. That the applicant mitigate the impacts associated
-7`'z) Fig- rJ 200i- 05D with grading. and construction activities through
erosion controls and temporary and permanent land-
scaping of the site-. •
3. That the applicant execute any documents deemed .
necessary by the City Attorney to provide a hold
• harmless clause for the City with regard to fire .
• protection.
•
Since the time of that approval , the applicant has pre-
• pared several alternatives which have been discussed
informally with the Planning Office. The applicant has•
now come forward with a revision which differs sufficiently
• from the design you approved to require another review by •
P & Z. lie have attached, for your information, a copy
of the applicant's proposal and architectural renderings
of the exsiting house, the proposal you have previously
approved and the current proposal .
•
•
Review Criteria: • Section 2.4-6.2 of the Code establishes nine criteria
which an applicant must address in an $040 Greenline
request. These criteria include the following: - .
1. 'Existence of sufficient water pressure and other •
utilities . .
2. Existence of adequate roads for fire protection
and snow removal .
L — .
•
111' III
Memo: Hemneter 8040 Greenline Amendment • •
July 14; 1981
Page Two
3. Land suitability as regards slope'and ground
stability.
4. 'Impacts on runoff, erosion and water quality. •
•
5. Effects on air. quality. •
6. Design quality and compatibility with the terrain.
•
• 7. Impact of grading on terrain, vegetation and natural
features. . .
• 8. Minimization of new cut and grade, preservation of
open space and scenic value.
9. Reduction of building height and bulk.
. During the previous review, as well as during earlier
. , reviews, the issue of fire protection has consistently
been a major point of discussion as regards this house.
• Your previous conditions of approval would appear to
have taken care of this concern , as well as those
criteria involving erosion and grading. Therefore,
the major issues pertaining to the current amendment
involve criterion 6 - design quality, and criterion
• • 9 - reduction of building height and ,bulk.
•
• The.flanning Office believes that the design concept
. for• the Hemmeter remodel is generally consistent with the. •
. intent of the Code. The architect states that the
proposed changes attempt to "create an architectural
horizontality which will visually break up and thus
reduce the •apparent building mass" . Visually, the
proposed building offers relief by eliminating the
barn siding, extending the. roof and by changing the
• • window design. The addition of the stairs alongside
. , ' the house should also substantially improve the fire
fighting access required at the previous review.
The main concern of •the Planning Office is with the
increased size of the building being proposed. The
applicant has provided the Planning Office with the
following statistical summary of the expansion: •
Proposal
Approved by
•
• Existing P & Z on New
• Residence • • 2/10/81 Proposal '
Interior -space 6104 sq. ft. ' 7725 sq. ft. 7230 sq. ft.
• • Exterior Deck 1200 sq. ft. 1600 sq. ft. 3700 sq. ft:
Total sq. ft. 7304 sq. ft. 9325 sq. ft. 10930 sq. ft.
As you . can see, you approved a proposal for a house that
was approximately 2000 square feet larger than the. existing
residence, of which almost half of the addition to the interior
was to be in an underground exercise room without visual. •
impact. The new proposal curtails the proposed expansion •
• of the interior even further while continuing to- propose
• an underground exercise room. However, the new proposal
includes 2500 square feet of deck space beyond that
which currently exists , fully 2100 square feet above _
that which you previously approved.
•
The Planning Office is in general agreement with the
• applicant's design concept but is concerned about the
• magnitude of the decking Ling proposed in licght •of
•
•.
•
•
•
•
Memo: Hemmeter 8040 Greenline Amendment
July 14, 1981 .
Page Three
•
criterion 9, "The reduction of building height and
bulk to maintain the open character of the mountain" .
• An addition of 2500 square feet of decking to the
existing house does not appear to be in keeping with
the intent of the 8040 Greenline review criteria.
The Planning Office recommends that you require the
applicant to reduce .the magnitude of the expansion
• of the exterior decks proposed for the Hemmeter
residence.
Planning Office •
Recommendations : The Planning Office recommends that you amend your
approval of the Hemmeter remodel by adding the
following condition to .your three previous conditions
of approval :
•
. 4. The applicant agreeing to reduce the magnitude of
• the expansion of the exterior decks by eliminating
those portions which are most visually obtrusive
from town and the .ski slope.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
III
MEMORANDUM
TO: Colette Penne, Planning
GLP40FROM: Bill Drueding, Zoning Officer
DATE: June 29, 1984
RE: Hemmeter Residence
1040 Greenline Review
On June 18, 1984, I made a site inspection at the above residence. The following
are the comments I have from that inspection:
1) The building contained a three (3) bedroom main house and a two (2) bedroom
caretaker unit. This is a duplex which would be permitted anyway in the R-15 zone.
This zone was indicated on the building permit for the last remodel.
2) The building permit issued September 17, 1981, indicates the building floor
area to be 8890 square feet. A 3900 square foot addition would place the total
floor area at 12,700 square feet. The applicant, by a calculation of the 3 zoning
categories in which this parcel is located, indicates a total F.A.R. allowable
of 14,261 square feet.
3) For this project, and any future construction, the allowable floor area
should be determined by the Planning Department and P&Z. They should also
determine the zoning category to be used for building and setback purposes.
If the R-15 zone is determined I do not foresee any problems with this project.
cc: Patsy Newbury, Zoning Official
Jim Wilson, Chief Building Official
Chad Kirk
BD/ar
- \I
- ,
• 111114:
,• ii@EItimE ,
•
SEP - 4 1984 1
al, IBM HAGMAN YAVV ARCHITECTS,LTD
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,_ . , , • : . .. , ,_, t .. . _ 1_ 1 _t_:,__1_ : , .
M r;. +Sunny Vann and '
: . _ , . .1 , ,_ , ,_, 1-, , 1 ' 4 : ; --{ : -- -
—
Ms. 'Colette Penne- ' ' I ; 1 ' 1 : 1 ■ 1
. 1, , ,---, ---,----
Aper-CPlanning OffiCe.
130 ou
Sth Galena —
Aspen, -
: , 1
. . _ - - 4- i — -T-- , ----,
spen, Colorado' 81.61) -' 1 ' ,
• • - - • - - - 4,- ' ,- • '- ; I ;
Dear Sunny and'Colette: - I
. • . • . . , - . -. - , - . 4 - 1 - 1 . - -- -i__
—
Pursuant to Welt'on's; diseussions with you both on SO August 11984, we _L ;
; --r - --1 ' T--'-' I ;
request that you schedule us for the September: 18th P t ;Z !meeting !so '
- - 4 r I -,-. 1 '
that we may have the opportunity to present the changesimade tothet plans . . , .
„
for the Hemmeter residence additon the commission approved or'n JO Auly !
_
1984. The changes are as follows: i
•
-,, 1. The elevator is pushed bock into the hillside approximately _', ___:_ _ _ _ _ __
. . .
i + , , 18 feet and reduced in height by 6 feet.(12,feet higher,thah : i_.;„ IL ,•
the existing, not 18,feet as approved):. „Together!, these_change1
• , , •, I t 1 ,
address the commission's request thatioptions, _i to4reduce the 4- -+-4 4- 1
size and.impact of,the,new elevator tower_„'be_explored. : 4 ; I _I t t t .
1 I
, , , _I _"__ ,
2. The _length of the bridge from, the.elevator _toWer to; the houlse';- ; 1• , , ,
has been reduced from 87 .feet to 50, feet nd-has !one-!-27-degreet- +-
1 - 1 1 -•
angle turn, at mid-point over. one pylon-as-opposed - -
tol-two90 .,
. ; : -
- t — degree turns and two pylons. This-change .-,is, ai so in ,resPonse I - -
- . . : to the-commission's concerns. , • — i- ; .- t -!- . r
■ I
T ' ' • " ' t T ' ' , 1--- , Iii : ' !----iti - - ;
,I1 . 3. . The Addition: has grown so that when CoMpletel, the hciuSe fwill-1 --1 t- i
4, 14 , 4 be: at the maximum- buildout approved by the commisSiOnlon-its 1 1 1 1 !
., , ,
1 . , July 10th meeting; 13,475 sq. It. ,- Much Of/ tnis additional-sqUare; , ' -
• - •. footage is invisible (for example; -the:east-, ,uphilll retaining-walk
wall at •the lower two levels which are ittotally UnClArgroundt, was Tilt ' .
. , t moved out :4 feet to the east+ because the house elevator.pit - - -- - + : .
, ,
+ +-, - . . couldn't be drilled-as close to the :existing-wallsi-as we--first-------4--1 --first- --t - - - - -
1 r
1 , T , - thoug ht,, adding- nearly- 1;000 square-;feet)il ' 1 + ; i L -, ; ; • .
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210 SOUTH GALENA SUITE 24 ASPEN COLORADO 81611 303.92502867,
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Ai,, +'• HAGMAN YAW ARCHITECTS,LTD
Letter to Sunny Vann and
Ms. Colette Penne
30 August 1984
Page Two
However, three small areas, totalling 612 square feet may be visible from
certain vantage points and drawings will be presented to the commission
outlining the visible changes to the addition.
We appreciate this opportunity to familiarize the commission with the
changes to the plans approved in July.
Very truly yours,
H. 3man Yaw Architects, Ltd
(14 v V
Larry Ya A. .A.
Principal
LY :Im
•
• •
CONDOMINIUM RENTAL MANAGEMENT, INC,
747 South Galena Street Managing Agent for
Aspen,Colorado 81611 •Fasching Haus •Fifth Avenue
(303)925-2260 •Alpenblick •Tipple Inn
•Durant •Tipple Lodge
July 3, 1984
•
Larry Yaw
Hagman, Yaw, Architects, Ltd.
210 S. Galena, Suite 24
Aspen, CO , 81611
RE: Hemmeter Residence
Dear Larry,
At your request, we forwarded your proposed plans and letters to the
Durant Board of Managers who have, in return,, provided us with their
thoughts, which are summarized below. .
1 . There is unanimous concern that construction workers, material ,
and noise would be a nuisance to owners and guests of the Durant.
Parking problems in the prior construction period were numerous.
We ask that reasonable precautions be taken to mitigate these
impacts.
•
2. While the elevator shaft is owned by. the Durant Condominiums,
there has only been an easement granted to the residence for the
elevator. We would like to ensure that Durant owners could use
the elevator provided they share in covering._: ,operating expenses.
3. There is significant concern over the proposed new height of the
elevator tower as it relates to the aesthetics and proportions
relative to the rest of the Durant Buildings. The Board does not
wish to have the tower any higher than it now is, but has no
problem with the proposed 3900 foot addition-or even covering of
the walkway.
4. There is concern about possible future parking problems if addi-
tional parking spaces are necessary for the home addition. It
is our understanding that there are now two parking spaces allo-
cated for the residence.
If you would like further discussion, you may contact Dick Moore,
President of the Durant Condominium Association, in Denver at (303)
778-1703.
Sin e ely,_
•
•
Lee . i ler
Manager
cc: Planning & Zoai_ng Commission J
1 . •
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Hemmeter 8040 Greenline Review
DATE: July 10 , 1984
LOCATION: Lot 14 , Block 2 , Anthony Acres Subdivision (Borders
Little Nell on Aspen Mountain and is just above the
Durant Condominiums)
ZONING: R-15 PUD, L-2 and C - Conservation
APPLICANT'S REQUEST:
The applicant requests 8040 Greenline Special Review approval to
add a 4000 s.f. addition to the residence, to upgrade the elevator
tower (which increases its height by about 18 feet) , and to build
a new bridgeway system from the elevator to the house.
PLANNING OFFICE REVIEW:
The Hemmeter parcel is approximately 60,600 s.f. Three zones exist
on the property - L-2, R-15 PUD and C - Conservation. The existing
structure is situated on the R-15 and L-2 portions of the property
and conforms with R-15 setback requirements. The structure includes
a caretaker unit and is therefore classified as a duplex. It cannot
be extended into the conservation zone because a duplex is a non-
conforming use in that zone.
Allowable floor area of the structure can be determined in a number
of ways (see attachment) . Since the R-15 portion of the property
is a mandatory PUD, slope reduction must be applied as per the formula
in Section 24-8 .18 of the Municipal Code. The area of the R-15 PUD
portion available for- floor area calculation is reduced by this appli-
cation from 29,500 s.f. to 4 ,620 s.f. Allowable building size (for
a duplex structure ) on this portion of the property is 3,186 s.f.
The L-2 portion is 10 ,289 s .f. and at a 1 :1 FAR would allow 10 , 289
s.f. of buildout.
Since a duplex is not an allowed use in the Conservation zone, it
is questionable whether that portion of the lot should be included.
The approach suggested by the applicant is to apply the R-15 floor
area ratio calculation for a duplex structure to the conservation
area , allowing another 5 ,272 s. f . of buildout. The two scenarios
are as follows:
co
•
Page 2
Floor Area Ratio
L-2 10,289 or L-2 10 ,289
R-15 PUD 3 .186 R-15 PUD 3,186
13 ,475 Conservation 5 ,272
18 ,777
Exact figures on current buildout have not been verified by the Building
Department, but will be prior to your review of this case . Even
using the maximum figure from the 1981 building permit of 8890 s.f. ,
however , this 4000 s.f. addition will not exceed the 13,475 s.f. floor
area ratio limit set by the more conservative scenario. The project
architect has submitted alternate floor area figures which are less
than the 8890 s.f. indicated on the building permit.
Section 24-6 .2 of the Code sets the review criteria for all development
within fifty (50) yards of the 8040 greenline within the City of
Aspen. The criteria are:
" (1) Whether there exists sufficient water pressure and other
utilities to service the intended development;
(2) The existence of adequate roads to insure fire protection,
snow removal and road maintenance;
(3) The suitability of the site for development. considering
the slope, ground instability and possibility of mud flow,
rock falls and avalanche dangers;
(4) The affects of the development on the natural watershed,
runoff, drainage, soil erosion and consequent effects on
water pollution;
(5) The possible effects on air quality in the area and city
wide;
(6) The design and location of any proposed structure, roads,
driveways or trails and their compatiblity with the terrain;
(7) Whether proposed grading will result in the least disturbance
to the terrain, vegetation and natural land features;
(8) The placement and clustering of structures so as to minimize
roads, cutting and grading , and increase the open space
and preserve the mountain as a scenic resource;
(9) The reduction of building height and bulk to maintain the
open character of the mountain (Ord. No. 11-1975 , Section
1) . "
i C
Page 3
The proposed construction includes upgrading the existing elevator
tower which is located between the Durant Condominium buildings and
replacing the stairway/walkway systems with a single bridgeway.
Drawings will be at the meeting for your evaluation.
A site visit confirmed that the elevator tower will be only minimally
visible from most vantage points . It will be visible from a few
specific locations, but not particularly intrusive, in our opinion.
The addition to the house will extend the southern facade and enclose
most of the existing ground level patio on the east side of the struc-
ture . The new area will consist of a bridge entry hall, private
office, guest lounge, expansion of the master bedroom and an interior
elevator .
In relation to the review criteria , the following information is
pertinent:
( 1) and ( 2) The elevator and walkway upgrading do not require
additional water pressure . Other utilities for the elevator
are in place and all existing and relocated utilities will be
underground. The original 8040 greenline review provided for
specific fire protection requirements (which were complied with
in the construction) . The applicant committed in this submission
to have the City Water Department monitor the flow and pressure
at the fire hydrant. If the supply or pressure was found to
be deficient, a remedy (such as installing a water pump) would
be used to boost the pressure. Also required by the Fire Marshall
will be anew fire access stair at the southwest end of the
structure and a new fire hose cabinet at the location of the
hydrant. Also attached to this memo is a copy of the "hold
harmless agreement" with regard to fire access, which protects
the City.
( 3) The Engineering Department notes that the site is shown
on geologic maps to be on an alluvial fan. They suggest that
" it is not anticipated that the site is in danger of possible
mud flow, rock falls and avalanche dangers, however, it is suggested
that if the applicant desires further assurances in this regard,
he obtain a professional consultant ' s opinion. " The earlier
construction was based upon a soils report from Chen and Associates,
Soils Engineers which indicated 4000 p. s . f . allowable soils
pressure . The retaining walls and foundation were designed
by Anderson & Hastings , P. E . , of Denver , who are structural
engineers. Further soil tests will be performed by Chen and
Associates for this proposed addition. Revegetation and new
landscaping with stepped planting areas will be utilized.
• •�J r 411 •
Page 4
(4 ) Effects of this construction are expected to be minimal .
The applicant ' s revegetation and landscaping commitments along
with new drywells should mitigate any drainage increments resulting
from the addition.
( 5) No air quality effects will be produced.
(6) The addition to the structure will not affect roads, driveways
or trails. The new bridge system from the elevator to the house
will actually lessen the impact on the existing terrain and
will raise the access system above the skier path to provide
increased clearance.
(7) As stated above, the new access bridge will lessen the impact
on existing terrain. Minimal excavation is proposed and immediate
revegetation is promised.
(8) The new bridge system will simplify access to the house,
both physically and visually. The new landscaping will be at
least as effective as the scrub oak that exists.
( 9) The elevator and bridgeway will have minimal impact. As
stated earlier , the additional height (18 ft. ) of the elevator
tower may increase its visibility from some vantage points,
but not to a dramatic degree . The house is relatively bulky
and the increase of 4000 s.f. cannot be considered insignificant.
It is, however, placed in such a way as to increase the footprint
in only the southerly direction, which is up the mountain.
We do feel that a limit should be placed on the expansion capability
of this structure., because its dominance of the view of this
portion of the mountain could become out of. scale.
PLANNING OFFICE RECOMMENDATION:
Provided that the Building Department verifies the architect' s floor
area calculations , the Planning Office . recommends 8040 Greenline
approval. We further recommend that you approve this 8040 Greenline
special review with on the following conditions:
1 . A—eamma-tme-nt by—th=e -app1icantt t.o---1-imit° ultimate buildout 10*
riA ,
to 13 ,475 s. f.
2 . The Water Department must perform flow and pressure checks
on the fire hydrant and if a deficiency exists , a water
pump or other remedy must be installed.
3 . A new fire access stair must be built at the southwest
end of the structure and a new fire hose cabinet installed
at the hydrant location.
Page 5
4 . Further soil tests must be performed prior to construction
which confirm that the soils can accommodate the additional
expansion.
5 . Revegetation and landscaping plans must be completed as
soon as possible following _construction.
6 . Drywells must, be installed to handle increased roof run-
off.
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LAW OFFICES
AUSTIN MCGRATH & JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
RONALD D.AUSTIN ASPEN, COLORADO 81611
J.NICHOLAS McGRATH,JR. p AREA CODE 303
WILLIAM R.JORDAN III February 12 , 1981 TELEPHONE 925-2601
B.LEE SCHUMACHER
Mr. Alan Richman
Aspen/Pitkin
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Christopher B. Hemmeter
Dear Alan:
I enclose a copy of the hold harmless agreement
protecting the city .with regard to fire access at the Blitz, •
now Hemmeter, house. As you will see from the agreement, and
as Bob can tell you, it fully binds Chris Hemmeter and hence
it is my assumption that further documentation would not be
necessary on this issue.
Sincerely,
AUSTIN, 'McGRATH & JORDAN
By PL`s ,
J. Nicholas McGrath, Jr.
JNMjr/dw
Enclosure
cc: Robert B. Edmondson, Esq. w/enc.
Gideon I. Kaufman, Esq.
Mr. Jack Miller
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. .
MEMORANDUM
TO: Colette Penne, Planning
FROM: Bill Drueding, Zoning
DATE: June 26, 1984
RE: Hemmetter Residence 1040 Review
1) From the information supplied by the applicant, I cannot determine whether
the addition will be permitted in F.A.R. parameters. I need as built figures
and lot size.
2) From proposed site plans (page 2) it appears that the rear of the building
may encroach in the 10' rear setback. The proposed bridge also may have a
setback problem as well as not located on subject property. A current improvement
survey would be required to determine this.
3) Jim Wilson, Fire Marshal, must verify fire access indicated and he and I
will do a site inspection as soon as the applicant can arrange this.
cc: Jim Wilson, Fire Marshal
flkrj6-71
BD/ar
03-/- °J;;(-- cj°1
c) tk,
.
MEMORANDUM
TO: Colette Penne, Planning Office .
FROM: Chuck Roth, City Engineering Department Of-
DATE: June 25, 1984
RE: Hemmeter 8040 Greenline Review
Having reviewed the above application and having made a
site inspection, the Engineering Department has the following
comments:
comments:
1. There is sufficient water quantity to supply additional
demands. It is anticipated that the water pressure would
also be adequate, but if it is not, the applicant would
need to provide his own source of boosting the pressure.
Additional water fees as required by ordinance must be paid
for increased service. Care must be taken during construction
that construction equipment and materials do not interfere
with operations of the Water Department. There have been
problems at this site during previous construction activities
with Water Department valves being covered over. The
applicant must not encroach on pipeline easements.
The approval must be conditioned on the granting by the
applicant of a ten foot wide general utility easement for
the buried electric wires and the pull-vault.
2. Fire protecti,onis an . ongoing problem at this. site. The
Fire Marshall and Fire Chief will be performing a site
inspection. Approvals must be conditioned on compliance with
their comments. An Engineering Department memo of February
4 , 1981, itemized details of fire protection requirements.
These will be verified. The architect is not clear on item
1 of that memo (attached) , "exterior stairs at both the
northeast and southwest ends of the structure to allow access
to the fire hydrant . . . At this time, I do not know if
the fire hydrant has sufficient water pressure to allow for
increased coverage protection. The City Attorney 's Office must
verify the existence of proper "hold harmless" clauses as
and where needed.
3. . Regarding Sec. 24-6 . 2 (b) (3) , the Engineering Department
has been told by the architect that the retaining walls and
foundations will be designed by a professional engineer .
registered to practice in the State of Colorado. The geologic
hazard mapping shows the applicant's site to be on an alluvial
fan. It is not anticipated that the site is in danger of
possible "mud flow, rock falls and avalanche dangers, " however,
it is suggested that if the applicant desires further assurances
in this regard, he obtain a professional consultant's opinion.
CR/co cc: Jay Hammond, Jim Markalunas
Aspen/Pitkin Building Department
MEMORANDUM
Aik)// 11/
•
-TO: Alan Richman, Planning Office
FROM: Fritz Bruggemeier, Engineering Department
DATE: February 4 , 1981
RE: Hemmeter 8040 Greenline Review
After conferring with Willard Clapper, Fire Chief for the Aspen
Fire Department, he and the Engineering Department feel the
following comments should be considered as possible. requirements
for 8040 Greenline approval for the above applicant . •
The applicant should be required to supply the following items
due to the deficiency in access for fire -protection.
1. Exterior stairs at both the northeast and southwest
. ends of the structure to allow access to the fire
hydrant on the northeast property line.
2. A fire box in the vicinity of the fire hydrant on the
northeast property line , supplied with the following
equipment:
a) One (1) - Two and a half (21) to one and a half
(12) inch gated wye .
•
b) 200 feet of one and a half inch (12") single
jack hose.
c) 'fwo (2) - One and a half inch (11") adjustable
nozzels .
d) One (1) forceable entry bar.
The Engineering Department also feel that the Hold Harmless
' Clause to the City with regards to fire , which was a condition
placed only upon the Blitz Subdivision Exemption by City Coun-
cil ' s approval on April 23, 1979 (minutes attached) , should be
made a covenant on the property, so all future owners are made
aware of the deficiency in access for fire protection.
•
•
74110,
@ft?fe0ezi-b Q762.472/,ee P../Pee c0') /
420 E. HOPKINS STREET
ASPEN, COLORADO 81611
TO: COLETTE PENNE, PLANNING OFFICE
FROM: STEVE CROCKETT, CHIEF
RE: HEMMETER 8040 GREENLINE SPECIAL REVIEW
DATE: JUNE 19, 1984
After reviewing the Hemmeter proposal I.).have two concerns which
I feel need to be addressed further;
1 ) The need for the developer to demonstrate the 3900 sq. ft.
addition's affect on the I.S.O. fire flow requirements as .
they were originally calculated for the original structure .
2) I would like to withold further comments pending review of
the Alan Richman, Planning Office to Aspen Planning and Zoning
Commission memorandum regarding fire protection requirements,
specifically with regard to adequate roads and fire protection
access.
JUN 2 0 1984
ASPEN / PlTK1N CO.
- PLANNING OFFICE
•
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PRODUCT 2403( ses/Inc.,Groton Mass.01471.to Order PHONE TOLL FREE 1+800225-63800 ents 1+800252-9226) /•.
HAGMAN YAW ARCHITECTS, LTD LIEU=Q QO F 4• QV_S( EITI EL
210 South Galena Suite 24
ASPEN, COLORADO 81611
OATS;/ /t - JOB NO.
(303) 925-286/c`� ATTENTION
RE:
TO ;G�/-0, �iCN �/ . /-f, iv►/fil PC AGVI77A/
.41/WV/,7I
GTT� e�
/13-SiCA1 .
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑ -
COPIES DATE NO. _ DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit -copies for approval
or your use ❑ Approved as noted ❑ Submit copies for distribution
1 -- ❑ As requested ❑ Returned for corrections ❑ Return • corrected prints
❑ For review and comment ❑ -
❑ FOR BIDS DUE - - 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKSG�,�G��
i
G' /�i '
r
COPY TO
SIGNED: Utiqf
PRODUCT 240-3 (A s4lnc,Groton,Mass 01471 If enclosures are not as noted, kindly notify us at once.
r
•
•,. I. u3L1rc rvLI n (MtfL'K: i1 .i. `�.i d��
B., PROPERTY TYPE: A yvv - COUNTY: 097 G. SIMUL. WITH UMBER:
-
UNPD. BAL. PRIOR 160000.00 O
C. POL. OR LIA. $ H' PRIOR POLICY NUMBER: I 1 911609
D. STAT. CODE: 4030 Is 1,139.75 REMARKS:
Code Gross Prem.
E. SPECIAL DR/CR CODE/S: 100.311$ 136.08 I$ $ �$
Code Gross Prem. Code 'Gross Prem. Code Gross Prem. Code Gross Prem.
by
GF or File No.: A81-61 POLICY NO. 0 1911684 .
Amount of Insurance: $ 685,000.00 Date of Policy: April 23, 1981 at 12:01 P.M.
1. Name of Insured:
Christopher B. Memmeter
• 2. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.)
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
•
Christopher B. tiemmeter
•
A. The land referred to in this policy is described as follows: .
Condominium Unit 2
HIGH ON THE HILL CONDOMINIUMS,
according to the Condominium Map thereof recorded in Plat Book 7 at
Pages 85-87, and as defined and described in the Condominium Declaration
for High on the Hill Condominiums recorded in Book 367 at Page 942.
Pitkin County, Colorado
A'pon
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM B 1970 AMENDED 10-17-70
FORM IM (CO) INSERT A IOM 1170H
•
POLICY NO. 0 1 911684
File No. A81-61 (hy)
This Policy does not insure against loss or damage by reason of the following:
1.. Rights or claims of parties in possession not shown-by the public records.
2. Easements, or claims of easements, not shown by the public records.
3._ Discrepancies, conflicts in boundary lines,.shortage in area, encroachments, and any facts which a correct survey and inspec-
tion of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. The lien of all taxes and assessments for the year 1981 and thereafter.
6. Reservations and exceptions as contained in United States Patent recorded May 20, 1949 in
Book 175 at Page 202 and as contained in United States Patent recorded August 29, 1949 in
Book 175 at Page 298 as follows: right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate or intersect the premises, ar
right of way for ditches and canals constructed by the authority of the United States.
7. All of the minerals, mineral deposits, oils and gases of every kind and nature underlying sut
ject property, together with the right of -ingress and egress for the purpose of prospecting
for, mining, and removing the same, provided the owners of the mineral estate shall not inter
,fere with, or cause damage to result to improvements placed upon the subject property and in
the event of mining or drilling for minerals, lateral support of the surface shall be providh
that such activities shall not cause damages to improvements, as reserved in Deed recorded
May 21, 1958 in Book 184 at Page 45.
8. Terms, conditions, easements, rights of way and restrictions, which do not contain a forfeit'
or reverter clause, as contained in Protective Covenants recorded in Book 206 at Page 436, of
imposed upon subject property by instrument recorded January 29, 1965 in Book 211 at Page 341
9. Easement for path across said Lot 14 as shown on the Condominium Map of the Durant Condomin-
iums, recorded in Plat Book 3 at Page 376.
0. Any tax, assessments, fees or charges by reason of the inclusion of the subject property in
Aspen Fire Protection District, Aspen Metropolitan Sanitation District, Aspen Street Improve-
ment District and Aspen Valley Hospital District.
1. Terms, conditions and obligations as set forth in Access and Utility Easement recorded
January 31, 1978 in Book 342 at Page 838 as it affects subject property.
•
2. Terms, conditions and obligations of Statement of Exemption from the Definition of Subdivisic
recorded in Book 367 at Page 935,-which contains a right of first refusal in favor of existil
tenancies.
3. Effect of Agreement between Robert Blitz and the City of Aspen whereunder Robert Blitz for
himself, his heirs and assigns agrees to forever hold the City of Aspen harmless for any
damage resulting from the City of Aspen's ability to extinguish a fire on the subject proper:
where the inability to extinguish a fire is attributed to lack of adequate access for the pu:
pose of firefighting, as recorded in Book 367 at Page 938.
4. Terms, conditions, restrictions and obligations as contained in Condominium Declaration for
High on the Hill Condominiums, recorded in Book 367 at Page 942.
5. Trail easement as shown on Plat of High on the Hill Condominiums recorded in Plat Book 7 at
Page 85.
6. Deed of Trust from Christopher B. Hemmeter to the Public Trustee of Pitkin County, Colorado
for the use of Gideon I. Kaufman to secure $180,841.78 dated April 23, 1981, recorded
April 23, 1981 in Book 407 at Page 437.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM B 1970 AMENDED 10-17-70
FORM 1M (CO) SCHEDULE B 13M 1077H
i •
ENDORSEMENT
Attached to Policy No. 0 1 911684 File No. A81-61
Issued By
USLIFE,Title Insurance Company
The Company hereby insures the insured against loss which the insured shall sustain
by reason of physical, but not aesthetic, damage to improvements existing on the land
at Date of Policy or constructed thereon thereafter resulting from the exercise sub-
sequent .to the Date. of Policy of any rights to use the surface of the land under the
mineral interest referred to in Exception No. 7 .S 8 of Schedule B ("the mineral
rights") , subject, however, to the following terms and conditions:
1. The insured shall notify the Company promptly in writing in case
knowledge shall come to an insured hereunder of any actual or
threatened exercise of the mineral rights.
2. The Company shall have the right, at its cost, to take any action
which in its opinion may be necessary or desirable in order for
the Company to avoid or minimize the extent of its liability under
this endorsement, including, but not limited to any or all of the
following:
(a) In the Company's own right, or in the name- of the insured
for the Company's benefit, to institute, prosecute and
pursue to final determination any proceedings at law or in
• equity, or before any municipal, administrative, or regula-
tory tribunal or board;
(b) in the Company's own right, or in the name of the insured for
the Company 's benefit, to compel the giving of security bond
or undertaking by the person or persons from whom the insured
is entitled by law to such security, bond or undertaking, and
in the same amount or amounts to which the insured would have
been so entitled had this endorsement not been issued; and
(c) to retain or be paid out of any such security, bond or under-
taking, or out of any compensation or funds recovered by the
Company or the insured, such amount as will reimburse the
Company for all payments made to the insured by the Company
by reason of the insurance afforded by this endorsement, to-
gether with all costs and expenses incurred by the Company
in connection therewith, including attorney's fees.
3. No rights, benefits. or defenses are intended to or shall be deemed to
flow or be made available to any person or entity other than the
insured by reason of the insurance afforded by this endorsement, and
the insured agrees that all of the insured's rights and remedies
against third parties relating to the subject matter of this endorse-
ment shall be deemed to have remained intact, in the same manner as
if this endorsement had not been issued.
This endorsement is made a part of said policy and is subject to the Schedules, con-
ditions and stipulations therein, except as modified by the provisions hereof.
USLIFE Title Insurance Company
Colorado Form 100. 31
(owner) B
ASPEN TITLE COMPANY
•
SCHEDULE A
GF or File No.: A81-60 • by
POLICY NO.
0 1 911694
Amount of Insurance: $ 1,650,000.00 Date of Policy: February 20, 1981 at 12:10 P.M.
1. Name of Insured:
•
Christopher B. Hemmeter
2. The estate or interest in the land described herein and which is covered by this policy is: (a fee, a leasehold, etc.)
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
•
Christopher B. Hemmeter
4. The land referred to in this policy is described as follows:
Condominium Unit 1
HIGH ON THE HILL CONDOMINIUMS •
according to the Condominium Map thereof recorded in Plat Book 7 at Pages 85-87 and as
deEined and described in the Condominium_Declaration for High on the Hill Condominiums
recorded in Book 367 at Page 942.
Pitkin County, Colorado
•
Aspen
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM B 1970 AMENDED 10-17-70
FORM IM (CO) INSCRT A IOM (178,m
• 1111OLICY NO. 0 1 911694
this Policy does not insure against loss or damage by reason of the following: File No. A81-60 (hy)
I. Rights or claims of parties in possession not shown by the public records. •
?. Easements, or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec-
tion of the premises would disclose and which are not shown by the public records.
Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
. The lien of all taxes and assessments for the year 1981 and thereafter.
. Reservations and exceptions as contained in United States Patent recorded May 20, 1949 in
Book 175 at Page 202 and as contained in United States Patent recorded August 26, 1949 in
Book 175 at Page 298 as follows: right of the proprietor of a vein or lode .to extract and
remove his ore therefrom, should the same be found to penetrate or intersect the premises, an
right of way for ditches and canals constructed by the authority of the United States.
. All of the minerals, mineral deposits, oils and gases of every kind and nature underlying sub
ject property, together with the right of ingress and egress for the purpose of prospecting
for, mining, and removing the same, provided the owners of the mineral estate shall not inter
fere with, or cause damage to result to improvements placed upon the subject property and in
the event of mining or drilling for minerals, lateral support of the surface shall be provide
so that such activity shall not cause damages to improvements, as reserved in Deed recorded
May 21, 1958 in Book 184 at Page 45.
. Terms, conditions, easements, rights of way and restrictions, which do not contain a forfeitu
or reverter clause, as contained in Protective Covenants recorded in Book 206 at Page 436,
as imposed upon subject property by instrument recorded January 29, 1965 in Book 211 at Page
344.
. Easement for path across said Lot 14 as shown on the Condominium Map of the Durant Condominiul
recorded in Plat Book 3 at Page 376.
. Any tax, assessments, fees or charges by reason of the inclusion of the subject property in
Aspen Fire Protection District, Aspen Metropolitan Sanitation District and Aspen Street Impro■
ment District and Aspen Valley Hospital District.
. Terms, conditions and obligations as set forth in Access and Utility Easements recorded
January 31, 1978 in Book 342 at Page 838 as it affects subject property.
. Terms, conditions and obligations of Statement of Exemption from the Definition of Subdivisior
recorded in Book 367 at Page 935, which contains a right of first refusal in favor of existing
tenancies.
. Effect of Agreement between Robert Blitz and the City of Aspen whereunder Robert Blitz for hin
self, his heirs and assigns, agrees to forever hold the City of Aspen harmless for any damage
resulting from the City of Aspen's inability to extinguish a fire on the subject property
where the inability to extinguish a fire is attributable to lack of adequate access for the
purpose of firefighting, as recorded in Book 367 at Page .938.
. Terms, conditions, restrictions and obligations as contained in Condominium Declaration for
High on the Hill Condominium recorded in Book 367 at Page 942.
. Trail easement as shown on Plat of High on the Hill Condominiums, recorded in Plat Book 7 at
Page 85.
. Deed of Trust from Christopher B. Hemmeter to the Public Trustee of Pitkin -County, Colorado
for the use of Robert Blitz to secure $1,485,000.00, dated February 19, 1981, recorded
February 20, 1981 in Book 404 at Page 620.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY, FORM II 1970 AMENDED 10-17-70
FORM IM (CO) SCHEDULE H 13M 107711
i • •
File No. A81-60
•
ENDORSEMENT
Attached to Policy No. 0 1 911694
•
Issued by
USLIFE TITLE INSURANCE COMPANY
•
The Company hereby insures the incured against loss which the insured shall
sustain by reason of physical, but not aesthetic, damage to improvements
existing on. the land at Date of Policy or constructed thereon thereafter
resulting from the exercise subsequent to the Date of Policy of any rights
to use the 'surface of the land under the mineral interest referred to in
Exception No. 7 and 8 of Schedule B ("the mineral rights") , subject, however,
to the following terms and conditions:
1. The insured shall notify the Company promptly in writing in n
case knowledge shall come to an insured hereunder of any
actual or threatened exercise of the mineral rights.
2. The Company shall have the right, at its cost, to take any
action which in its opinion may be necessary or desirable
in order for the Company to avoid or minimize the extent of
its liability under this endorsement, including, but not
limited to any or all of the following:
(a) In the Company's own right, or in the name of the
insured for the Company's benefit, to institute,
prosecute and pursue to final determination any
proceedings at law or in equity, or before any
municipal, administrative, or regulatory. tribunal
•
or board;
(b) in the Company's own right, or in the name of the
insured for the Company's benefit, to compel the
giving of security. bond or undertaking by the person
or persons from whom the insured is entitled by law
to such security, bond or undertaking, and in the
same amount or amounts to which the insured would
have been so entitled had this endorsement not been
issued; and
(c) to retain or be paid out of any such security, bond
or undertaking, or out of any compensation or funds
recovered by the Company or the insured, such amount
as will reimburse the Company for all payments made
to the insured by the Company by reason of the insur-
ance afforded by this endorsement, together with all
costs and expenses incurred by the Company in connec-
tion therewith, including attorney's fees.
3. No rights, benefits or defenses are intended to or shall be deemed
to flow or be made available to any person or entity other than
the insured by reason of the insurance afforded by this endorsement,
and the insured agrees that all of the insured's rights and reme-
dies against third parties relating to the subject matter of this
endorsement shall be deemed to have remained intact, in the same
matter as if this endorsement had not been issued.
•
• •
•
This endorsement is made a part of said policy and is subject to the Schedules,
conditions and stipulations therein, except as modified by the provisions
hereof.
•
USLIFE TITLE INSURANCE COMPANY
•
•
•
•
ASPEN( )ITLE COMPANY
•
•
Colorado Form 100.31 (OWNER)
•
•
■
determined and no right of action s�ccrue to an insured ment of any such tgages any amount that otherwise would
.claimart until 30 days after such statement shall have been be payable hereunder to the insured owner of the estate or
furnished.Failure to furnish such statement of loss or damage interest covered by this policy and the amount so paid shall
shall terminate any liability of the Company under this policy be deemed a payment under this policy to said insured owner.
as to such loss or damage.
10. Apportionment
5. Options to Pay or Otherwise Settle Claims
The Company shall have the option to If the land described in Schedule A consists of two or more
P pay or otherwise parcels which are not used as a single site, and a loss is estab-
settle for or in the name of an insured claimant any claim lished affecting one or more of said parcels but not all,the loss
insured against or to terminate all liability and obligations of shall be computed and settled on a pro rata basis as if the
the Company hereunder by paying or tendering payment of amount of insurance under this policy was divided pro rata as
the amount of insurance under this policy together with any to the value on Date of Policy of each separate parcel to the
costs,attorneys'fees and expenses incurred up to the time of whole, exclusive of any improvements made subsequent to
such payment or tender of payment, by the insured claimant Date of Policy, unless a liability or value has otherwise been
and authorized by the Company. agreed upon as to each such parcel by the Company and the
G. Determination and Payment of Loss insured at the time of the issuance of this policy and shown by
an express statement herein or by an endorsement attached
(a) The liability of the Company under this policy shall in no hereto.
case exceed the least of:
(i) the actual loss of the insured claimant; or 1 1. Subrogation Upon Payment or Settlement
(ii) the amount of insurance stated in Schedule A. Whenever the Company shall have settled a claim under
(b) The Company will pay, in addition to any loss insured this policy, all right of subrogation shall vest in the Company
against by this policy, all costs imposed upon an insured in unaffected by any act of the insured claimant. The Company
litigation carried on by the Company for such insured, and all shall be subrogated to and be entitled to all rights and remedies
costs, attorneys' fees and expenses in litigation carried on by which such insured claimant would have had against any
such insured with the written authorization of the Company, person or property in respect to such claim had this policy not
(c) When liability has been definitely fixed in accordance been issued, and if requested by the Company, such insured
with the conditions of this policy, the loss or damage shall be claimant shall transfer to the Company all rights and remedies
payable within 30 days thereafter. against any person or property necessary in order to perfect
such right of subrogation and shall permit the Company to
7. Limitation of Liability
No claim shall arise or be maintainable under this policy use the name
of such
such insured
If the transaction or payment
litigation involving g
(a) if the Company, after having received notice of an alleged does not cover the loss of such insured claimant,the Company
defect, lien or encumbrance insured against hereunder, by shall be subrogated to such rights and remedies in the propor-
litigation or otherwise, removes such defect, lien or encum-
brance or establishes the title, as insured, within a reasonable loss should result from any act of such insured claimant, such
time after receipt of such notice; (b) in the event of litigation act shall not void this policy, but the Company, in that event,
until there has been a final determination by a court of compe shall be required to pay only that part of any losses insured
tent jurisdiction, and disposition of all appeals therefrom, against hereunder which shall exceed the amount, if any, lost
adverse to the title, as insured, as provided in paragraph 3 to the Company by reason of the impairment of the right of
hereof;or(c) for liability voluntarily assumed by an insured in subrogation.
settling any claim or suit without prior written consent of the
Company. 12. Liability Limited to this Policy
This instrument together with all endorsements and other
8. Reduction of Liability
All payments under this olic , except a ments made for instruments,e olicy if
and contract ydbetween the b ei cured and the
costs, attorneys'fees and expenses, shallpreduce the amount Company.
of the insurance pro tanto.No payment shall be made without Any claim of loss or damage, whether or not based on
producing this policy for endorsement of such payment unless negligence, and which arises out of the status of the title
the policy be lost or destroyed, in which case proof of such to the estate or interest covered hereby or any action `
loss or destruction shall be furnished to the satisfaction of asserting such claim, shall be restricted to the provisions
the Company.
and conditions and stipulations of this policy.
9. Liability Noncumulative No amendment of or endorsement to this policy can be
It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto
unI ter this expressly shall understood od reduced t th by any amount the Cam- signed by either the President, a Vice President, the Secre-
under
may pay under any policy insuring either (a) a mortgage tart', an a o Assistant t SeCompa, or validating officer or author-
parry or referred to in Schedule B hereof which is a lien on ized signatory of the Company.
the estate or interest covered by this policy,or(b) a mortgage 13. Notices, Where Sent
Hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, All notices and statements permitted or required to be giv-
and the amount so paid shall be deemed a payment under this en the Company hereunder must be given to the Company
policy.The Company shall have the option to apply to the pay- in writing at its home office address, USLIFE Title Insurance
Company of Dallas, 1301 Main Street,Dallas,Texas 75202.
.
I
4
BOOK 462 i 475
ATTACHMENT -- KAUFMAN TO HEMMETER DEED DATED February 29, 1984.
A PO_;TIG:I OF LOT 14 , BLOCK 2 , ANTHONY ACRES
Si1GDIVISION, CITY OF ASPEN, COLORADO BEING MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING':G AT A POINT ON THE SOUTHERLY BOUNDARY LINE
OF SAID LOT 14 WHENCE THE SOUTHEASTERLY COINER OF SAID
LOT 14 BEARS S 74°30 ' 00" E 112 . 29 'PET;
THENCE N 74°30 '00 " W 118 . 53 FEET TO THE SC_TH;:ESTE?r,y
CORN,_:R OF SAID LOT 14 ;
THENCE N 15°00 '00" E 117. 25 FEET ALONG THE W-:S L
BOUNDARY LINE OF SAID LOT 14;
THENCE THE FOLLOWING COURSES AND DISTa1NCES ALONG THE
SOUTHERLY AND EASTERLY . BOUNDARY LINES CF THE DU_:ANT
CONDO:.IINIU_d PROPERTY, S 40°03 ' 00" E 54. 9 5 FEET,
N 49°57 ' 00" E 78. 15 FEET, N 35°29 ' 00" E 73.27 FEET,
N 54°31 ' 00" W 51. 42 FEET, S 75°00 ' 00" E 53. 31 FEET;
THENCE S 15°30 ' 00" W 237. 50 FEET TO THE POINT OF
BEGINNI? G
r,
a'' • Recorded AI o'clock M., 1�K r': `
• Reception No _ Recorder.
ce= ------------- - ------ -----_ - --- -- --- — -- -- — -
li
RECORDER'S STAMP
I
THIS DEED, Made this 29th day of February ,19 84,
between GIDEON I. KAUFMAN
• -
^ I
of the . County of Pitkin and state of
1 Colorado,of the first part,and CHRISTOPHER B. HEMMETER
• -: !...!.1 ii
•
I whose legal address is Hemmeter Center, Honolulu, Hawaii
96815
i of the 6ectr+tro -a;+d state of Hawaii
I Ge{arado,of the second part,
11 WITNESSETH,That the said part y of the first part,for and in consideration of the sum of TEN DOLLARS
;' ($10.00) and other good and valuable consideration ,t-,fig
to the said part y of the first part in hand paid by the said party of the second part,the receipt whereof
' is hereby confessed and acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, and by these
I, presents do remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, his heirs,
i successors and assigns,forever,all the right,title,interest,claim and demand which the said part y of the first part
ha s in and to the following described lot or parcel of land situate,lying and being in the County
`
I of Pitkin and State of Colorado,to wit: SEE ATTACHMENT HERETO I
i
ii
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-
r......) :Y 2:i r_ri
ciAlE f�'Cu?Ei?i, .+Rt �Er �".z�
N v .,
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r,u Cr-
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11 shmkmcxwra9-sfret4 sad-lit m.ber-
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TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto 1
1 belonging or in anywise thereunto appertaining, and all the estate,right,title,interest and claim whatsoever,of the
I said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of 1
the second part, his heirs and assigns forever.
' IN WITNESS WHEREOF,The said party of the first part h hereunto set his hand
Il
and seal the day and year first above written. k./....4______
[SEAL]
if Signed,Sealed and Delivered in the Presence of IDEON I. UFMAN
[SEAL]
;
j; [SEAL]
11 .
STATE OF COLORADO, —[SEAL.]
'I ss.
County of Pitkin
i The foregoing instrument was acknowledged before me this 29th day of February
19 84,by* GIDEON I. KAUFMAN.
My commission expires -1'!� tip/ `/ ,19 17.Witness my hand and official seal. i
�1
rl. ISE'
�/�cr . t' ;C,// /
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L
• 'i ,, ~• Notary Public.
lh• I•_'Ir. O Notary Address: (� r"r ;�.4, t, �
I
No.933.QUITCLAIM DEED. Bradford Publishing.5825 W.Oh Ave..Lakewood.CO80214-1303)233-6900-2-82 (i A:
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