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HomeMy WebLinkAboutcoa.lu.co.647 S Monarch St.A64-91 "'" ,I"""'(' '--. CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 11 ~ 1/ 91 PARCEL ID AND CASE NO. DATE COMPLETE:=rt /_ :f./'1) 2735-131-20-005 A64-91 ( STAFF MEMBER: ~ t:::.:r PROJECT NAME: ~dominiumization~'" <eU?-cascade's Project Address: 647 S. Monarch Street. Aspen. CO 81611 Legal Address: APPLICANT: Peter and Deborah Cantrup APPlipant Address: c/- Richard Cook REPRESENTATIVE: Martv Pickett. MCFlvnn & PicKett. P.C. Representative Address/Phone: 320 West Main Street Aspen. CO 81611 925-2211 -------------------------------------------------------------- ------------------------------------------------------- PAID: (YES) NO AMOUNT: $1005 NO. OF COPIES RECEIVED 6/6 TYPE OF APPLICATION: 1 STEP: x 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO D J= CC Meeting Date1l\\~PUBLIC HEARING: @ QNcg. Y' r"'0- g 1- \ '\ VESTED RIGHTS: ~ NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: ===========~=================================================== REFERRALS: /City Attorney \( city Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Aspen Con. S.D. Mtn Bell Parks Dept. Holy Cross . Fire Marshall Building Inspec~o~ Roaring Fork .--"(' Energy Center School District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) othe~ DATE REFERRED: /9./;M'l' INITIALS: ~ ;~;~~=;~~~;~7================;~;~=;~~;~;7:1~Ji)fJl.7~~;~;~~~~- . _ CitY.Atty i City Engi~ ~oning _Env. Health --- Hous~ng ~ Other: ~ r-I~ FILE STATUS AND LOCATION: t,,~ ~ HOV 15 '93 15:56 MCFLYNN & PICKETT PC P.,Y3 )ilea 8'1'A'1'EJI2ft'OI' BXIIIIC1''1':J:OIII I'ROJl 'I'D ~ SUBD:J:ViE8:J:0III nOCRSS POll TJDI I'tJlUIOSB 01' ClOIIDOJInaUH:J:lII:Utc; TQ CA8<:.1\DB8, It. C01IIDClIIDIJ:UIl A'1' 1147 lSOUTII KOIlUCK 8TRBB'1', C%ft or "5'BH, COL01W)() WlU1tBAS, Peter Cantrup and Deborah C. cantrup (h~einafter rafel:red 1;0 as "Cantrup") are the owners or a pax-eel of real property described on Ilxhihit "A" attached h~eto and inoorporat:ed hel:ein by this reference, and lY/( WHEREAS, Cantrup has requested an exelllption from the full subdivision process for the pU~oses of condominiumizing the property des=ibed on EXhibit "A" i and WliEREAS, the city Counoil of Aspiln, ColoradO, at its r$9Ular meeting on oecE!lll:Qe;J; 16, 1991,. determined that cant;J;up's request fer suCh condominiumizatien was appropriate and granted the sallle, s.wjeet to the, conditions des=ibed hereinafter. NOW, 'l'IlIi:aUORE, the City Council of Aspen, Colorado, does determine that the application for except.ion from the full :iIiUDclivision process for the purpose of subdivisicn of the property des=ibed on the attached Exhibit "A" is proper and hereby grants said subdivision. PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon: 1. The Plat depictinq Tne Casoades, a CondollliniUlll, be aPP;J;oved by the Planning OffiCEl, and filecl with the pitkin County Clerk and Recorder's office prio:r: to the sale of either unit. 2. cantrup agrees to ~art:i.cipate in any future improvement districts encollpClSsing the subject property. 3. Cantrup shall pay the Rousing Impact Fee or $8,050.00 per unit prior to the planning Director signing the final plat for condominiumization. Ilo.... "'.. .a~ -d day of 4/JJ;~ 'jjj993_ CITY 01' ASPEN ~ < ~ a MUniC,/Pal c::o~oration _~eant~a ..' ~.-;?'1""- ~I ~' . ~?'f.C" /,' By;; (~ - ~oa. .' ;4l t!4M7i?79-- Jib Benne ,Mayor c. eantrup . f t, Kathryn s. Koch, city Cl~k, do hereby (:~ify that the foreqoing Statement of Exception frOlll the Full Subdivision Process tor the Purpose of COndOllliniumizing the Property at 647 South -1- 367382 B-743 SILVIA DAVIS P-14 02/28/94 02:55P F'G 1 OF 3 PITKIN COUNTY CLERK . RECORDER REC 15.00 DOC NOV 15 '93 15=57 MCFLYNN & PICl<ETT PC P.3/3 Hona:n:h street, Aspen, eOl.orado, Wall considered and llpproved I:lythe Aspen City COQtlCll and that Kayer John Sennett 0& au1:horized'to execut:e the saae on behal.f of the Cl~A.pen. _~ ' - ---=Q~ ia s. ,2!5I C erk State of New Mexico ) ) lila. County of Rio Arriba ) The f9~e'ifo;l.ng os sul:lscri.J:Ied. and sworn to berore llIe this ;?t;-t::L. day of Y..~ - , 1993, by Peter Centt'up and. Deborah C. cantrup, all owners of The cascades, a COndominiUlll. witness my hand and pffieial seal. 1 1 i \\\\'''''''''''',,,/ My c:aDlIIl ss on G:lCp res: ,,"'~\,,::;)'j M~ ,,,_, ,('d I.AIL/ r 1. ;~d"~<'''':Y''';''\ (/1Cf..1?~ J.~ J//~ .,~t.~". Notuy Public II ~ .;J: -r -. ") \1! ~ 1~:, <6-(.. ~ <:Y i": STAn 01' COLORADO ) ". ~.... -I. 0 :: ) IllIll.V~,"" N ....~ l comrry OF PITJtDJ ) "" ;';'~......::;~<>.. The ~egoinq was aul:lsoribed aU to before IDe th~~"~~,~"",' day of ~.' ~ __ , 19 , by JOhn Bennet'!:, as Kayor, and ltathr:yn s. ~O as City Cler of the ci1:y Of Aspen, a municipal corporation. Witness lIlY hand and offic~aJ. seal. My cOl\III\ission expires: .;:1/A7/96" ....._\OlIbdlvl..ex 367382 B-743 P-15 02/28/94 02:55P PG 2 OF 3 -2- ~ '. A to EXHIBIT A THE SOUTH FOUR (4) FEET OF LOT (10) FEET OF LOT 14, BLOCK ONE TOWNSITE OF ASPEN. 12, ALL OF LOT 13, AND THE NORTH TEN (1), CONNORS ADDITION TO THE CITY AND -?7n~ TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHERLY FOUR (4) FEET OF LOT 12, BLOCK 1, CONNOR'S ADDITION TO THE CITY OF ASPEN WHENCE A REBAR WITH PLASTIC CAP "CITY OF ASPEN LS 13166" BEARS N 15046'06" E 301.15 FEET; THENCE N 77038'36" W 3.06 FEET TO A REBAR WITH YELLOW CAP "LS 9018"; THENCE S 15057'24" W 43.89 FEET TO A POINT FROM WHENCE A REBAR WITH A YELLOW CAP 9018 SET IN CONC. BEARS S 15057'24" W 20.17 FEET; THENCE S 75027'10" E 3.20 FEET TO THE SOUTHWEST CORNER OF THE NORTH TEN FEET OF LOT 14, BLOCK 1 CONNOR'S ADDITION; THENCE N 15046'06" E 44.00 FEET ALONG THE BOUNDARY BETWEEN EAMES ADDITION AND CONNOR'S ADDITION TO THE CITY OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. 367382 8-743 P-16 02/28/94 02:55P PG 3 OF 3 . ~. ./1 ~ ~S(~jL 1.17 CD C(J5C~5 30c ~ vo.-= 366494 8-740 P-644 02103/94 09:43A PS 1 OF 2 REC DOC SILVIA DAVIS. PITKIN COUNTY CLERK & RECORDER 10.00 CURB, GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND PETER H. CANTRUP AND DEBORAH A. CANTRUP WHEREAS, Peter H. Cantrup and Deborah A. Cantrup ("Owners") are owners of the real property located at 647 S. Monardh Street, Aspen, Colorado; and h'HEREAS , Owners have ha3 , recently completed construction of a build~ng called The Cascades and desire to obtain a certificate of occupancy; and WHEREAS, the Cascades property is within a district requiring construction of curb, gutter and sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future construction pursuant to section 19-100 of the Municipal Code; and WHEREAS, at this time, the city Engineer deems the construction of curb, gutter and sidewalk on Gilbert Street to be unfeasible due to existing conditions." NOW; THEREFORE, the parties agree as follows: .. " 1. Owners aqree ~'Jr9QC to construct curb, gutter and sidewalk along the frontage of their property (approximately 102 feet) at such time as the City of Aspen deems construction necessary and feasible. It is acknowledged by all parties that the present ) ;,. .~ C' ... - 3..494 B-740 P-.45 02/03/94 Oq:~3A PG 2 OF 2 -2- requirement is for two (2) foot gutter, six (6) inch vertical curb, and five (5) foot wide concrete sidewalk. 2. In the alternative, at the city's option, the City may construct the above improvements and the Owners shall reimburse the city for all qosts of such construction. Reimbursement shall be made to the City within ninety (90) days after receipt of invoice. 3. This agreement shall be binding and.shall insure to the benefit of the heirs, assigns, and succeSSOrS in title of the parties hereto. By: "e,L , r/,g ~9~. Entered thi~ By: ,?J( 'C P ter H. Cantrup state of colorado) , ) ",,;\\"~IYt1\'!lit){ of pitkin ) ,,- ",:~.TH -J. ,,'" ......' ~v ........ '....-0<;' !~......The "'fo~oing instrument was ackno. ft7// t\O'/-h, /d-Y (b1J IAI = day of.. I ~~ _, ~9..i2:'> by ':" :..J) ,~... oF -;,: uLi ,,' ~ ;, "7..... Wilth~ss"$.y hand and official seaL '" ~>;I. 0" :_~ .~":' """"~~~I ~~~ission expires: '.~ (51 1 "Iq,,- ."...".."..' fit ~lL )\- !Ji~ I j Notary pUblic 5/ 'i '?c!../:Uo & tJu<.:&_ (}fC4l cic./ It;, )UA'l fJf0rtb It! day of Deborah A. Cantru~ /-1?7rC'/'c ",e'7 ; A k-/k..-r- /'0/2 :=JeZS"d.-e<Jr/ AJ. a~r-- dged before me this/~~ {l.tJJ;u Address: ~~' r """'''''11111 ,\\' OF L~"" "","'~TY..O,,~~ N, 4~~,;; :B~' :...t~; (. 7.::) .::~:'~=j ,~.'; Attest: ;;~; 0- ~ FO'pn*9-'~~8 "l '- - ,,,'0'\ COLO~DO ~icipal (~~ corporation (MAYOR) (CITY CLERK) ~. ." 'l, 30 ( 0 V) <<- "-' ,. Y J '"" C:el S . eel,. cI '<.. 366493 B-740 P-b41 02103/94 09:22A P6 1 OF 3 REC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 15.00 DOC ~ ENCROACHMENT AGREEMENT' (lCcScq / r ~~ ~ This agreement made and entered into this ,7<. day of f,e-6 . , 19~, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and PEl'ER H. CANTRUP and DEBORAH A. CANTRUP hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin C~unty, Colorado: City of Aspen, Pitkin county, Colorado . WHEREAS, said property abuts the following described public r~ght-of-way(s) : (on the southerly side): App:r:oximately 102 feet of G~lbert street, easterly fran, the South M::march Street intersection, in Lot 12, Block 1, Connor's Addition. . , ' WHEREAS, Licensee desires to encroach upon said right-of way(s) by allCMing the four existing 6' planters in front of the Cascades building to remain; and by installing a dry well as set f:orth on the attached proposal fran Gerd Zeller. _\. ./ ( WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in' after contained, follows: consideration of the mutual agreement herein- Aspen and Licensee covenant 'and agree as 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term' subj ect to being terminated at any time and for any reason'~at the sole discretion of the City Council of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 4. Licensee is responsible for the maintenance and repair of the public right~of-way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. . ~..~ ~ 3bb493 B-740 P-b42 02103/94 09:22A PB 2 OF 3 5. Licensee shall at all times duripg the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by section 24-10-114,- C.R.S., as may be amended from time to time, naming the City as co-insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: 'It is hereby understood and agreed that this insurance policy may not be cancelled by the surety until thirty (30) days after receipt by the city, by registered mail, of a written notice of such intention to cancel or not to renew.' The licensee shall show proof of this in$urance to the city before this agreement is filed. 6. Licensee shall save, defend and hold harmless against any and all claims for damages,' costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or 'omission of any representative, agent, customer and/or employee of Licensee. , 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licen- see's intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at Licensee's expense, remove any improvements or en- croachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state laws, the provisions of the Charter of the city' of .Aspen as it now exists or may hereafter. be amended, and the ordinances of the city of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional,licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the grant€d license of encroachment shall' constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reason- able attorney's fees. , , 366493 8-740 P-643 02/03/94 09:22A P6 3 OF 3 . ' 12. If the structure for which this license was issued is \ removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. No existing encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. ~i'I~:':'<"';"<!""~'" '1,~I;llHjHI,,,. \\\,. l\f 'S -"~.r.. .' .. ~ ....."., ,"":\"' ....... rlJ! ........ ~..(.} .....~. ,::ATTE T:, \ - '0 IN WITNESS WHEREOF, the parties executed, .t;his, agreement Aspen the day and year first written. ..,':"~":~:" :.. ". ~\~...' ~'''''',,(;(;:,::::'>''' ," ~i}',.l;:)Vcc\."''' ~. i,... "ec~ .........,. CITY OF AS E~ifcOLORADd~ : ;t64 ~ ~ G , Cl , . ~:*''' 1Ill\l\\\\\'\~ " at By A. Cantrup, ST.~~~f.;o5 COLORADO 'j>-'?> ...... " j' Q4'it'ilty ofJ?itkin J.' ..\o'?' .. J:," '-'1;: ..:.", i" r1!.er')f Cl~going '~ 1. . d.s:rZ of ~"!.ce Ia's,'" l ,...~. ....:~o ......::: I),t- ......... j-.... ....... !J~w 1';\'<.: ,...\..... .-. WI-r~SS MY ) ) ss. ) ~a/ (] / - Peter H. Cantrup S; Licensee AY/4/ DeJJorah A. Cantrup D Licensee #i7i>~"'.!!.:Z /'"-1 rA-<=..-r-- ~.'Z. " ~~O,;fA-H ftl.. e,,77R~ iR.ss~trv. ment was acknow~edged before me this ~ '.; 19 ~'C} , by Peter H. Carjtrup and Deborah HAND AND OFFICIAf ~EAL. My c_i..ion ""Pire., -"f' ~ ...".,. db~liC ~~ .' .... . Sl~'?a~ ~ ~/hpd~.frt Address ' , ~d- spj6j91j ENCRAGREEMENT.KEEP ( ( r-. !""'\ Reqular Meetinq Aspen citv Council Januarv 13. 1992 deleted, and that #5 be modified to include additional FAR allowances for optional front porches, and an amendment in the Whereas clause to reflect P & Z's review and approval of open space and parking; seconded by Councilman Reno. Councilwoman Richards asked if this is repudiation of the work of the pedestrian and bikeway plans because this is an affordable housing project. Mayor Bennett said the developer can sign an agreement to join a sidewalk district if there is one formed in the future. Councilwoman Pendleton agreed a sidewalk should be in this area; however, it is premature to require one now. Ms. Lamont pointed out section 2 (4) is the sidewalk improvement district; prior to filing the final plat the applicant shall sign such agreement. Ms. Lamont suggested adding "for south Seventh street and West Hopkins street pursuant to the guidelines of the pedestri- an and walkway plan". Ms. Lamont said this can required without an entire sidewalk district. Vann agreed this is acceptable. Mayor Bennett said this is not repudiating the sidewalk plan. Right now this would be a sidewalk to nowhere. Councilwoman Richards said the sidewalk plan endorses installing sidewalks as projects are built. Roll call vote; Councilmembers Pendleton, Peters, yes; Reno, yes; Mayor Bennett, yes. yes; Richards, Motion carried. no; ORDINANCE #53. SERIES OF 1991 - Cascades Condominiumization Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #53, Series of 1991, on second reading with Section 1 #2 amended to include requirement to sign either a subdivision exemption or curb, gutter and sidewalk agreement; seconded by Councilman Reno. Roll call vote; Council- members Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #54. SERIES OF 1991 - Lower ute Improvement District Chuck Roth, 'city engineer, reminded Council the district has been in the works for awhile. The city has no cost Sharing obligations for this district. The total projected budget is $290,000; $220,000 construction, $54,000 engineering, construction management and legal fee and 6 percent of $16,000 incidental and bonding costs. Staff. recommends approval. Mayor Bennett opened the pUblic hearing. Gaard Moses told Council he lives above the district and questioned why ~e has been included. It does not affect him at all. Moses 9 "f/f.1JE r" .' MEMORANDUM TO: Mayor and City Council Amy Margerum, City Manager f . , Diane Moore, city Planning Director~ Kim Johnson, Planner THRU: THRU: FROM: DATE: January 13, 1992 ~o r~ RE: Cascades Duplex - Subdivision Exemption for ==========~~~~~=~~=:=~~:~~~:[~::::~==::::::=:::~::==:: SUMMARY: The applicant seeks condominiumization of a duplex at 647 S. Monarch st. Pursuant to section 24-7-1007 of the Aspen Municipal Code, condominium conversion of an existing development shall be reviewed and approved by the City Council as a subdivision exemption. The applicant also requests vested rights for three years pursuant to section 24-6-207. First reading was held on December 16, 1991. APPLICANT: Peter and Deborah Cantrup, represented by Marty Pickett LOCATION: 647 S. Monarch st. (lot 13 and part of lots 12 and 14, Eames and Connors Additions) ZONING: L/TR Lodge/Tourist Residential APPLICANT'S REQUEST: Subdivision Exemption to condominiumize a duplex nearing completion and vested rights for three years. (See plat, Attachment "A") REFERRAL COMMENTS: Since first reading, the Engineering Department has submitted a final draft of their referral comments (Attachment "B"). The following concerns were raised by Chuck Roth: 1. The plat must indicate how many stories are within the structure and where the parking spaces are located (marked by XIS). 2. Four planters are in the Gilbert st. right-of-way. be removed because the right-of-way is only 26' wide minimum for emergency access). A 31 wide sidewalk is with curb and gutter to delineate walking space. require handicap ramp at corners and driveways. They should (20' roadway recommended, This would 3. The book and page indication at the western boundary is incomplete. Clarify function of this recorded document. 4. The project must supply drywells in the driveways to provide storm run-off protection. It is not clear where site drainage ~. ^ currently goes. Roof drainage into public right-of-way adds to storm run-off in the streets and can be a problem when it freezes on sidewalks or streets. 5. The survey must be current within 12 meters and trash area must be shown. district. 6. Prior to signing the final Plaf, the title information documenting easements must be current within 12 months. months. Water and electric Indicate the subject zone 7. The applicant shall consult the city Engineer for design considerations of development wi thin the pUblic right-of-way. Permits for such work must be obtained from the City streets Department. PLANNING STAFF COMMENTS: The subject duplex is nearly finished with one unit already in receipt of a certificate of Occupancy. The shell of the structure was begun in 1987. Each unit is three bedrooms. Riqht-of-wav encroachment: Rather than require this project to demolish the planters in the right-of-way and construct sidewalk, curb and gutter, Planning staff believes that further study should be done to determine the neighborhood needs for sidewalks. It is recommended that this should take place within a review for a license to encroach in the right-of-way. wi thin this type of application, information such as roadway widths, existing pedestrian walks, pedestrian plan guidelines, and other encroachments could be reviewed comprehensively. The applicant has agreed to submit a license to encroach before Engineering will sign off on the condo plat. The applicant has addressed the requirements of section 24-7-1007 for comdominiumization as follows: 1. Written notice to tenants of condominiumization, giving tenants first right of refusal to purchase their unit. Response: There are no existing tenants on the property as it has been under construction since 1987. 2. Minimum lease requirements of six months except for projects in the L/TR zone or other zones with a L Lodge overlay. Response: This duplex is within the L/TR zone. minimum leases are required. Therefore, no 3. Acknowledgement of the Affordable Housing Impact fees. Response: The applicant agrees to pay the housing impact fee calculated to be $8,050 for each 3 bedroom unit. This fee must be 2 r-, r-, paid to the city Finance Department prior to Planning Office signature of the Condominium plat for recordation. 4. Required inspection by the Building Department. Response: One unit has already been inspected by the Building Department and has received a Certificate of Occupancy. The other unit is nearing completion and must pass final inspection before it can receive its Certificate of Occupancy. A Subdivision Agreement must be filed concurrently with any subdivision/condominium plat. This agreement outlines all terms of the subdivision exemption approvals. The applicant has submitted a draft agreement which shall be revised pending final conditions of approval. Pursuant to Section 6-207 of the Land Use Code, the applicant also seeks vested rights for three years. Council shall grant vesting within the ordinance approving condominiumization. RECOMMENDATION: The Planning office recommends Second Reading of Ordinance 53 for the approval of the Cascades Duplex Condominiumization and vested rights for three years with the following conditions: 1. The plat must indicate how many stories' are within the structure and where the parking spaces are located (marked by X's). 2. Prior to Engineering's approval of the condominium plat, the applicant shall submit to Engineering an application for a license to encroach for the four planters in the Gilbert st. right-of-way. city staff shall consider existing roadway widths and the need for sidewalks and curb and gutter in the context of the encroachment request. 3. The book and page indication at the western boundary is incomplete. Clarify function of this recorded document. 4. The project must supply storm run-off protection. currently goes. 5. The survey must be current within 12 meters and trash area must be shown. district. drywells in the driveways to provide It is not clear where site drainage months. Water and electric Indicate the subject zone 6. Prior to signing the final plat, the title information documenting easements must be current within 12 months. 7. The applicant shall consult the city Engineer for design considerations of development within the public right-of-way. 3 "....., I"""'; Permits for such work must be obtained from the City streets Department. 8. The Subdivision Exemption Agreement describing the terms of this exemption must be filed with the Pitkin county Clerk and Recorder concurrently with the condominiumization plat. This document must include a signature block for the Mayor. 9. Prior to the Planning Director signing the final plat for condominiumization the applicant shall pay the Affordable Housing Impact Fee to the Finance Department. The applicant shall forward a copy of the receipt to the Planning Office. The fee shall be $8,050 per unit for a total of $16,100.00. ALTERNATIVES: 1. The Council could elect to require removal of the planters with sidewalk installation prior to filing the plat rather than require the encroachment application. 2. The Council could require complete resolution of an encroachment license prior to filing the plat. . PROPOSED MOTION: I move to approve the Cascades Duplex Subdivision Exemption for Condominiumization and vested rights with conditions. I move to have Second Reading of Ordinance 53, Series of 1991. CITY MANAGER COMMENTS: Attachments: Ordinance 53, 1991 "A" - Proposed Condominium Plat "B" - Engineering referral comments jtkvj/Cascades.ccmemo 4 ,. r '" r '" 0 '" m ;j ... ~ € ~ ~ :;I ... '" '" ~ '" '" 0 o '" ~ ;! 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"l~ ,_ I i6 11\. , , , i.e. III ~ ........ r- eo t"Tj ~ ~ .t/) ~ ~ t"Tj tT1 ....., " ill r-. ,.-. :tachmenc "B" MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, city Engineer (2"12- Date: December 16, 1991 Re: Cascades Condominiumization ~ Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: ' 1. It is unclear from,the plat that the condominiumization is of a three (1) story structure. This should be indicated on the plat. It appears from the plat that the parking, spaces encroach into the public right-Of-way. This is not the case because the spaces extend underneath the footprint of the building envelope. The parking spaces must be indicated with X's so that it is clear on the plat the spaces do not 'extend into the right-of-way. 2. There are four planters in the Gilbert street public right- Of-way that are not indicated as such on the plat. It is unknown if and doubtful that these were permitted to be constructed with a permit for work in the right-of-way. It is recommended that these planters be required to be removed because this right-of- . way width is only 26 feet. The roadway should be 20 I here for emergency access and general vehicle usage. We recommend that the planters be removed and that a 3' wide sidewalk be required to be constructed instead. There does not appear to be any curb and gutter on this block. CUrb and gutter may be desirable in order to delineate the pedestrian walking space. This would require a handicap ~p at the corner and ramps across the driveways. 3. Tgere is a book and page indication at the westerly boundary line which is incomplete, and the function is not clear of the recorded document. 4. In recent past years, the city has acquired storm runoff protection during condominiumizations. Applicants have been required to meet subdivision standards and maintain all but historic runoff flows on site. This helps to mitigate impacts on city storm runoff infrastructure. This project has not offered to comply with storm runoff requirements. It is physically possible for the applicants to install drywells in their driveways so that roof drains do not discharge into public rights-of-way. It is not clear where site drainage goes. Roof drains that discharge into public rights-of-way, in addition to adding storm runoff to the streets~ can be a problem when the water freezes on sidewalks or streets. c.. oVfZ R.) , <.. ~ ;-. /-" , . 5. The survey must be performed within the past 12 months. The plat must show locations of water and electric meters. The plat must indicate the zone' district. The plat must show the trash area so that it is clearly not in the right-Of-way. 6. The easements are based on a four year old title commitment. Prior to signing the plat, the easements must be documented by a title commitment performed within the past 12 months. . 7. Given the continuous problems of unapproved development in pUblic rights-of-way, we would advise the as follows: work and applicant The applicant shall consult city engineering (920-5080) for design considerations of development within pUblic rights-of-way and shall obtain permits for any work or development within pUblic rights-of-way from city streets department (920-5130). co: Bob Gish, Public Works Director cr/M91.276 ! r-.. .t'""\, .~ MEMORANDUM To: Bill Efting, Assistant City Manager John Worcester, Assistant City Attorney Jack Reid, Streets Department Water Department Parks Department Kim Johnson, Planning Office Bill Drueding, Zoning Office Building Department Police Department From: Chuck Roth, City Engineer (!fZ- Date: May 14, 1992 Re: Encroachment License for The Cascades This encroachment application is the. first to fall completely within the new encroachment procedures. The individuals named above plus myself constitute the review committee. Anyone else is welcome to attend our review committee meeting which is scheduled for Friday, May 29 at '10:00 AM in Council Chambers. This application is for encroachment licensing for (1) existing landscaping planters and (2) a drywell to accommodate storm runoff. (1) Concerning the planters, the engineering department would have preferred that a sidewalk be installed. This was not agreed upon by others, therefore we will obtain an agreement to construct sidewalk. At such time as a sidewalk is deemed appropriate, the City will be able to direct the property Owner to remove the planters and install a sidewalk. (2) Generally, we have not permitted drywells in the public right-of-way in order to preserve that space for the use of utilities. In this instance, the condominium is built out nearly to the property lines. It will be a public benefit to have the roof drain not ctaylighting into the street as it does now, considering ice, therefore I am willing to consider granting this encroachment, pending your comments. We have received a report prepared by a registered engineer. I would require that the dryweIl be located as near to their structure as possible and that written approval from all utilities be provided. Please return your comments to me, or CEO me, before our meeting of May 28. If you have any questions, please call me at xS088. Thank you. cc: Bob Gish, Public Works Director KM92.1S1 -" r-. --., c 2. REVIEW CRITERIA - Following submission of an application to the City Engineering Department, it shall be referred to the various City departments and utilities that may be affected. Following review and comment by the referral agencies, the City Engineer shall consider the request in light of the following: A. Circulation - Does the proposed encroachment or vacation cause a potential problem with regard to accessing property in the area. Could the request hinder area circulation or prevent service vehicles or utility companies from accessing facilities or other structures. B. Streets Maintenance - Does the proposed encroachment or vacation create a possible problem for street maintenance or snow removal operations. C. Utilities - Could the proposed encroachment or vacation interlere with existing or future utility needs for the area. D. Enforcement- Could the proposed encroachment or vacation create or compound an existing for traffic control,City police, or fire department personnel. E. Expansion - Does the proposed encroachment or vacation provide the opportunity for expanding the floor area of structures. Would such expansion require Growth Management approval. Vacated streets may not be included in determining floor area ratios on a given ownership, they may however, be built on. F. Income space - Is the encroaching space intended for commercial or other income-producing space. If so, it may require a rental agreement with the City. G. Adopted plans - Considering whether the proposed encroachment or vacation is consistent with any adopted plan (i.e. trails, malls, improvement district, etc.) H. Benefit - Considering whether the encroachment or vacation is beneficial to the City of Aspen. As a general policy, it is not in the City's interest to grant encroachments or vacations, thereby giving public property to private use. New structures should be able to accomplish their various needs within the confines of their property boundaries and required setbacks. Granting of encroachments should generally occur under one of the following conditions: i) To acknowledge an existing conditions and outline the owner's ------. liability and responsibility and responsibility for maintenance and removal of the encroaching structure. ii) To license an encroachment an encroachment that is a public amenity. Examples may include awnings on commercial structures, planters in the right-of-way, irrigation systems to maintain landscaping, etc. I. Vacation of public right-of-way should generally occur under the following conditions: iii) It can be demonstrated that the City has not used the right- of-way historically for roadway, utility, or other purposes. iv) All affected: utilities and governmental agencies_ do not anticipate a reasonable future need for the right-of-way. KM92.152 . ,........, ..-" McFLYNN & PICKETT TIMOTHY McFLYNW MARTHA C. PICKErT LAWYERS A PROFESSIONAL CORPORATION THE SMITH-ELISHA HOUSE 320 WEST MAIN STREET. SUITE 1 P.O. BOX J: ASPEN. COLORADO 81611 TELEPHONE (303) 925.221' TELECOP1ER {303l 925-2442 .At.so"D""n~D'NC"U'Offfi'" April 23, 1992 Chuck Roth city of Aspen Enqineering Department 130 South Galena street Aspen, Colorado 81611 RE: ADDlioationfor Permit to Enoroaoh into Riqht-o~Wav The Casoades. 647 South Monaroh Street Dear Chuck: Pursuant to our telephone conversations and the City Council's actions on approval of condominiumization of the Cascades duplex, this letter is to request approval for. encroachment into the Gilbert street right-of-way for purposes of the existing landscap- ing planters and for installation of a dry well to meet the needs for drainage related to the building. I. REOUIREMENTS 1. Name and Address of Applicant/Representative: Richard Cook Peter and Deborah Cantrup American Cement Company, Inc. PO Box 38 Espanola, New Mexico 87532 Local Leaal Representative: Martha C. Pickett, Esq. McFlynn & Pickett, P.C. 320 West Main street Aspen, Colorado 81611. 2. Location of the Encroachment: The location of the encroachment is as shown on the enclosed drawing on Gilbert street, at the corner of Gilbert and south Monarch Streets, along the front of the existing Cascades building. The building is located on Lots 13 and 14 of Block 1, Connor's Addition to the City of Aspen. ~ ~, Chuck Roth April 23, 1992 Page 2 3. Name and Address of Abuttina Propertv Owners Affected bv the Area of the Encroachment: There are no abutting property owners affected by the encroachments which will encroach into city right-of-way (Gilbert street). 4. Nature of the Encroachment: The encroachment requested is to allow the existing landscaping planters to remain on the property at the entrances off Gilbert street (See Plat). The Council agreed with the Planning Staff's recommendation that these planters help to create a softer facade to the building and create a safety buffer between the underground Parking and pedestrians walking along the street so that people are not walking imme~iately next to the building when a car comes out of one of the garages. The second encroachment request is for the dry well. As you may recall, the Engineering Department had requested that a dry well be placed in the area in front of the garage on the property; however, because there is living area below grade Which would be affected, that is not feasible. Therefore, we would request that the applicant be allowed to install a dry well within the Gilbert street right-of-way. (See proposal from Gert zeller, attached hereto, regarding the proposal for the dry well installa- tion.) II. SUBMITTAL ENCLOSURES 1. Executed Encroachment Agreement. 2. Executed Curb, Gutter and Sidewalk Improvement Agreement. 3. site Survey (Condominium Plat). 4. Processing fee of $300.00. Respectfully submitted, McFLYNN & PICKETT, P.C. MCP/ljn Enclosures cantrup\roth4ltr By'~ . MaC. ,Pi "kett . blZ ~ , l'"' G) reg..,j ~ '.' G):>: :I:.' sa ..... t'1 ... ~~'G) H 2: ..,j ZOO :I: : ~~~. tlj. O:i! ~. . ~~.~ ~ )\'(j]O< r;J ~~l'""~ ...t::I.... -. Zt1Z~ G)Htlj.;..;, ..,j. , I ol>~Sii z ",' ., ,. . . ., ~:~:~'.~ ,~ALET BLOOD. ~~~~. ~ ----'''........................ ~ ............. .........."..... t - -::..::..~::..::..--::..::..--------.:._--" - -d' - - - --------- . ClIro- - - -.:. .......:*~~.~.~"! NIS'57'24'E 43.B9' r -_/ J) -l " j '1 ') ~ " .~ '1 z: -l u ') -l I --J ::> .0 I :n J ') 'J ,/ () :t" '1j :t" 00 z o ..,j t':J t1 m (Jl :s: o L )> :::0 n I n o z o o :s: z c :s: en I ti ~ :t=+~:~~~~~IO..~~~,9 9':-1- , ~q~-:r:~ '. . ~ ~ I ~ I . C:J I ~ ...... rr1... - I G;nU1 ~ :~ -i ~ ~ ~ !~ ...:...., 2E ~ II;' I ~. ~ I ....5.0 PI. I -1 fT1 (f) o ~ f;j 00 (j] EAMES ADDITION NIS'4S'OS'E 44.00' ~~ -~ 0) N (0 2.25' !~ ~ .. ~ ~ ... i .. - -------------- . 2fL~ER ~ANO 4.7' I' ~.~ ~ 0) 5.03 ,PI. 12.2' o "! ~I c: ~~ g.~ lit ~. .. I~ G...r--~ I~ CIl ~ ! I ~ .... I U1 ~ ;~I' ", r- C7\ ut3: ,.A:' . '" UI NI2 ~ -.j~ CIl .~ '" o 3: . '" III %, .... , I, t', .... ~ rTln till> ~(,/) l> Co t;rTl ~ (" "'I , , ....". p .. I\l o ........,.. lij ~ m ~ ~ .. I ., , ... p '" "'. + "! ,..,~ ~ilw ~ ;1 :~,J:~. U'l V>.I ~ 0. -~ _.._,,~.. lD "l ~'.~ ~ _~_~~ 4.75'1 ! ~ "l.. 0) N (0 '" 0 )Ca :... '" ... . ,,;'fi r- '" n .... '" n '" ~ MONARCH '" z ... SOUTH ~ ~ . ~ ~ ~ 8 ~ ~~. (5 (') re~/)oI o::!o ~~'... z 0': :t" " .., 0.., . 0 z::t ~)oI' z' ' 2:~~t/):, ~ :t" ::j _ 0 ' '~:,(j]"il: &i'. ~.8~ rna., cO~r i-> aj~"~ ~th ~!, " S' ~:z:: ~ l'"' tlj ~ ' l;j ~ ~re ~~, ~ 00 i:i!gJcO' o )ol -:0< ':I: '. ,(') to:! I;" ....00 . NO, .......:0 ."')01 ..,j..,j\ ~ 3:'.0< . w -il'"',~(O). O' ..... . - -.' ~ "'0<0< .', 0 ~ g" ~ ~'?F g: O"l .~~ o-! E'3' tlj, ~- :.., g' f:: ~ oil NZ; '. :21:t":O oz' ~ ,0(').... . ,-,00 , ~tIl ~., -t'1;(') )oI'1j- 00 0.. ..... )01 ::l:ltljol> ....,j. .." .-.1)01 "l1 OOZ.~ 0 , . , ,.......", .,~. ,. ww-~/~ NIS'-lS'OS'E . I -r - j,C ~ . /.;., I I , )> I:~ fT1 'I Z )4 ~ c Z I """"i )> :'~'- I ~ Z lD ~ : I I I : I 1.3' I I'" "; I I ...... 1:.\ " f '.... ~ ( I,. .., '.". ..1 , , . o ~ r- to t"rj ~ m lS ~ - z. L' ~ ~l Cl! o I'll ::c """"i o ".~ ~ Ii! ".7' I I -, i' " ~~. I": I[ , ", ,~ I <r;. ", e;;.. i <:t. \ '\' i " \i-..-.\ \- U1 ~; ~. c ?< lD iij I~ l~ ~ I \ I .35 I :lll " i , , N tal -.j '0) ,~I STREET ) "'>' . ~ ~ t, ,.-...., ,,-, McFLYNN & PICKETT ~\:N 'l. \ LAWYERS A PROFESSIONAL CORPORATION THE SMITH-ELlSHA HOUSE 320 WEST MAIN STREET. SUITE 1 p.o, BOX I ASPEN. COLORADO 81611 " io C( r;; I~ \~O-00 -,,,5- \"l> ~ TIMOTHY McFLYNN' MARTHA C PICKETT TELEPHONE (303) 925.2211 TELECOP\ER (303) 925"2442 . ALSO AO",rITEO INCAC'FORNIA November 20, 1991 Leslie Lamont Planning Office city of Aspen 130 South Galena Aspen, Colorado VIA HAND DELIVERY Street 81611 RE: ADDlicationfor Condominiumization of the Cascades. a Condominium. 647 South Monarch Street Dear Leslie: Thank you again for meeting with me on such short notice for a Pre-Application Conference regarding condominiumization of the above-referenced property. Please find enclosed an Application for your review. I am also Submitting a condominiumization plat prepared by Aspen Survey Engineers for your and the Engineering Department's review. We would really appreciate being scheduled on the December 16th City Council Meeting for this condominiumization approval. I will confirm with Bill Drueding that all matters have been taken care of with regard to the Building Department's concern. If you have any questions, please do not hesitate to call me. Thank you again for your cooperation. sincerely, McFLYNN & PICKETT, P.C. BY:~ a tha . Pickett MCP/ljn Enclosures cc: Richard Cook Linda Martinez misc\lamont.ltr , , t ,-, ~:t . J , , lAND USE APPLICATIOO FOllM ,..-" ~) Project Nane The Cascades,2!, OOl1dominium 2) Project I.ocation 647 South Monarch Street, Aspen, Colorado (legal description enclosed) (in:li.cate stJ::eet adD::ess, lot & bl=k mmi::ler, legal description TNhere ' . awlXtlriate) 3) 5) Present ZOnirg' L/TR 4) lot. Size 4,537 sq. ft. Afplicant's Nane, l\ddress & Ihone jI Richard Cook. attorney in fact for owners. Peter and Deborah C Cantrup 6) :Representative's Nane, l\&D:ess & lb:me jI Martha C. Pickett. Esq.. McFlynn & Pickett~ P.C., 320 West Main. Asoen. CO 81611: 925~2211. 7) Type of Afplication (please d1ec::k all ~t awly) : Corrlitional Use Special Review Final SPA _ CoIx:eptual Historic Dev. Final Historic Dev. _ 0Xlcept:ual SPA 8040 Greenline _ 0Xlcept:ual roo Final roo Minor Historic Dev. .. _ stream Margin Historic Denolition Mountain View Plane SUI:rlivision . _ Historic Designation x Cbndaniniumization ~ TextjMap 1\IIerdIEnt _ lot. SplitjIot Line Mjustment _ GQ> Allobnent _ GQ> Exenption 8) Description of approx:Unate sq. property) . Existin:.J ,Uses . (r.."'h....... ani type of exist:inJ strucbJres; ft.; nlIIi:ler of L.:dLuuu:,,; any previaJs awrovals granted to the One duplex structure, containing two residential units of.three. bedrooms each. Each unit contains approximately square feet. 9) Description of Develq;ment Afplicatian App1icabion for Subdivision Exemption - Condominiumization of Two Residential Units. ~O) l:fave you attached the followin::J? ~ Response to Attadnrent 2, Minilwm SlIm"'-<<ion O:lntents ~ Response to Attad1ment 3, Specific Slim; <:sian Contents ~ Response to Attad1ment 4, Review starrlards for YCAIr Afplieation ('\ r-.. APPLXCATXON FOa SUBDXVXSXON EXEMPTXON - OONDOMXNXUMXZATXON OF THE CASCADES, A CONDOMXNXUM Pursuant to ~ 7-1007 of the Aspen Land Use Code, the following is an Application for sUbdivision exemption and condominiumization of property located at 647 South Monarch street, known as the cascades, a Condominium. There is an existing duplex being constructed on the property, which is being built pursuant to a valid permit, a permitted use on this legally subdivided lot in the L/TR zone district. I. criteria For Aooroval of Condominiumization Aoolication A. Purchase Riahts of Existina Tenants. This new construc- tion has been in progress since April, 1987. There are no existing tenants with purchase rights to be notified. B. Minimum Lease Reauirement. The Applicant requests that there be no minimum lease requirement for these condominium units because the property meets the requirements of ~ 7-1007(1) (b) (2) and these residential units are located in the lodge/tourist residential zone district. C. Affordable Housina Imoact Fee. The Applicant acknowledg- es that an affordable housing impact fee in the amount of $8,050.00 per unit may be required as a condition of approval. To the Applicant's knowledge, this property has not been subject to a GMP approval where employee housing cash-in-lieu fees might have been paid. D. Reauired Buildina Insoection. The Applicant understands and acknowledges that the building proposed for condominiumization shall be inspected by the Building Department to confirm that it meets fire, health and safety requirements. At this time, a certificate of occupancy has been issued for the west unit and the east unit is being completed pursuant to a building permit and a certificate of occupancy is anticipated in the near future. E. Reauest for Vested Riahts. Pursuant to ~ 6-207 of the Aspen Land Use, the Applicant hereby requests that vested rights be granted in this condominiumization approval. II. Enclosures A. A check in the amount of $905.00 as an application fee, $780.00 to the planning Office, and $125.00 to the Engineering Department. B. Three copies of this application. r"\ .~. C. Three copies of the condominium map, prepared by Aspen Survey Engineers. (Please note that an Agreement between the Applicants and the adjacent property owners has been recorded in Book 652, Page 645 with regard to reciprocal grants of easements for encroachments shown on the map. A copy of this Agreement is enclosed for your reference.) D. Proposed Statement of Exception from the Full SUbdivision process. E. Consent to Land Use Application executed by record title holders. F. Verification of ownership from Pitkin County Title, Inc. * * * If I can be of further assistance in your review or if I can provide any additional information, please do not hesitate to call me. Dated this 20th day of November, 1991. Respectfully submitted, McFLYNN & PICKETT, P.C. By: MCP/ljn Enclosures misc\applicat.cas -2- '~\JU', ,.v. './.' _ . d ,~334978 07/29/91 16: 07 Re~>10. 00 Bf, 652 PG 645 Silvia Davis, Pitkin Cnty ~lerk. Doc $.00 6S-Llj J- V1 AGREEMENT 1. This Agreement is made this A day o~ 1991, by and between Silver Shado1J Condominium Associat..i.on, Ir,c., a Cclc:..ado non-profit Gorporati.on ("Silver shadow"), and Pet'i<r H. Cantrup and Deborah .'1\. C:antrup ("cantr'-~p"), relative to that pj::opert~l d,=scribed in Exhibit II A" belonging to Silver Shadow ("Si.lv,;.r Shadow Property") and that proper~y d~scribe-:>. in Ey.hibit: "B" belo."lging to Cantrup ("Cclscade Property").. both properties being adjacent on'" to the other and located in PitJdn County, Colorado. 2. Silver Shadow and Cantrup, in consideration of th.;! mu1:ual covenants c.,ntained herein b"low, agree as follows: A. The grants contained below are parpetual covenants runnin9 with the la.nd, binding upon and fer the b.~nefit of the respectivlO parties he,reto, their heirs, execu"tors, pers:mal rep,resentatives, successors, and aS$igns. E. Cantrup gran1:s to Silver Shadow an E!aSement 2 inches in 'width along th", Nc.rt:h side of the Sou1c.h p-ropi?rty 1im, of the Cascade Property for the purpose of providing both support for th,= exist.ing covere,d walkway and s1c.ora'Je shed of S.i:ver Shadow as well as providin<; a North wall for both the ccvnrsd wal'~.way and storage shed. C. Silver Shadow ,;rrants an easement 6 inches in \-ii.dth along the South side of th,a North property line of the Silver Shadow Property for the purpose of allowing the South port:ion of the existing rock veneer wall of Cantrup. D. Silver Shadm.. grants an easement for access and maintenance of gas service and meters and equipment usee. in connect:ion therewith and being along and acress the most Northerly 5 feet of the Silver Shadow Property. E. Cantrup has p12mted certain trees desired by Silver Shadow in the easement described in D above. Cantrup will guarantee such trees to survive until August 1, J.991-, but the re;;opon"i,!-"i' J.~"'~for maintenance and watering of such trees ':'('"."l I h,,~'.,:.~t: U.e Silver Shadow, along ~..ith tr,e maintenanCE' of t'.h.:: <;,-,,,,;:;i"oer of Sil v'~r Shadow's landscaping. F. In addition to .the easement granted tc Silver Shadow for the, encroachment ofth.. storage shed and covered walk.'ay, Silver Shadow may, at :Silver shadow's :sole option and e,::.:per,se. use such storage shed arId '.-Ialkway for planter pur;?ose,s for decorat:ive plantings as (:hcsen and maintained solely by Silver page 1 OJ: 2 THIS AGREEMENT IS BEING RE-RECORDED TO CORRECT SCRIVNERS ERROR IN THE OMISSION OF EXHIBITS "A" AND "E" AND THIS REi;RECORDED DOCUMENT RATIFIES AND CON- FIRMS THIS AGREEMENT IN ALL RESPECTS WITH THE LEGAL DESCRIPTIONS ATTACHED. !J;:> . :':~,: III :.!lJ:.HI 13 rl-t"... '4!J VI._; t""'. ,~. .3497807/29/9116:07 Ree ;..00 Bf( 652 PG 646 Silvia Davis, Pitkin Cnty Clerk, Doe $.00 Shadow. Silver Shadow has the absolute ri'Jht t':J r~move any or all of such encroachment. at any time vlithout notice to Cascade. SILVER SHADOW CONDOMINr'~1 ASSOCIATION, INC. ~ Byj~ JJ;/LCl:::;d.n, E ter H. cantrup ~ ~ o-\."h._.._~~__(L~.\bi-.n !(-;;;<:';-'i I rah A. cantrup f""'" AC1iliPWI.ElJGEMENT~ STATE OF (1(\~rt.t.Ji'i'.) I ) 55. COUNTY 0,' ~5t4J/e (~.f ) /{i. !hJ; foregoing ACjreement ~_N~ ~CH:}ft"TfT ndonunJ.Ul':< AssQciat.ion, Inc., was acknowledged befel:e me bv , President of Silver Shadow this .J!b- d",y of ~, 1991- ?e, Witness, my hand and official seal. My COllUllission expires: e'.. m. ~ !. . . .' '. OFFICIAL SEAL SHARON LOVING NOTARY PUst1C . CALIFORNIA LOS ANGELES COUNTY My comm. expires ore 6, 1993 .-.; . J} . ..2l1 {LA. t'Y1 Vt'V"V11. &._______ Notary Public Address: ?).5:5. v!i..~,,~-a ;/. \;I'M {~, r.,t.t.? I cJl c/O (J 17 COUNTY 01" , Qrrlb~ 55. The foregoing' Agreemerlt 1.as ackn~wledged before me by Peter H. Cantrup and Deborah A. Cant.rup this ~5D:L day of ~ 1991- .;p;ty. Witness my hand and offi.cial seal. ~efd~.---- Address: ,. .' .~ ,'-' EXHIBIT "A" The Silver Shadow. Condominiums according to the Condominium Map appearing in the records of the county Clerk and Recorder of pitkin County, Colorado in Plat Book 5 at Page 87 EXHIBIT "B" The South Four (4) feet of Lot 12, all of Lot 13, and the North ten (10) feet of Lot 14, Block One (1), Conners Addition to the City and Townsite of Aspen, Pitkin County, Colorado .r"\. ,~. BXBJ:BJ:T "A" THB CASCADBS 647 SOUTH MONARCH STREET ASPEN, COLORADO LEGAL DBSCRJ:PTJ:ON A tract of land situated in Eames and Connor's additions to the City of Aspen, Pitkin County, COlorado described as follows: Beginning at the northwest corner of the southerly four (4) feet of Lot 12, Block 1, Connor's addition to the City of Aspen whence a rebar with plastic cap "City of Aspen LS 13166" bears N15'46'06"E 301.15 feet; thence N77' 38'36"W 3.06 feet to a rebar with yellow cap "LS 9018"; thence S15'57'24"W 43.89 feet to a point from whence a rebar with yellow cap set in conc. bears S15'57'24"W 20.17 feet; thence S75'27'lO"E 103.20 feet to the southeast corner of the north ten feet of Lot 14, Block 1, Connor's addition to the City of Aspen; thence N15' 46' 06"E 44.00 feet along the westerly line of South Monarch Street; thence N75' 27' 10"W 100.00 along the northerly line of the southerly four (4) feet of Lot 12, Block 1, Connor's addition to the city of Aspen to the point of beginning containing 4,537 square feet more or less. misc\legal.cas NOV-20-91 WED 13:e2 AMERICAN C~MENT ,-, ,,-., P.0:2 CONSENT TO LAND US!!; Al'PLICATIOlf ~hQ UndQ~~15ncd, r~tGr H. O~n~~UPt bc~n5 c~~Q~noy in fo~~ {Qr Deborah A. Cantrup, sole owners of the property known as the Cascades, at 647 South MonArch (le2Ally dSRcribed on the AttAched E~hibit "A") eonBonta to the s...bm:l.ss:l.on to the C:l.ty of Aspen, by MeFlynn & V:l.ckett. ~.O., An. AppliCAtion fo~ o~bd:l.v:l.o:l.on Cscmpt:l.on ond oondum- iniqmization .pprQval fo~ the .ubj~ct prQperty~ ;/, Executed this~day of November, 1991. ?'fkv/e~-' Peter 'g. Cantrup --...... pe~{~Fact for Deborah A.Cantrup. .,> NOV 21 '91 13:56 PITKI~UNTY TITLE AAAAAAAAAAAA .,-.." PITKIN COUNTY TITLE, INC. 601 EAST HOPKINS, 3RD FLOOR ASPEN, COLORADO 81611 303-925-1766 I 303-925-6527 FAX P.1/1 Vincent J. Higens President Christina Davis Vice PJ:"esident CERTIFICATE OF OWNERSHIP Pitkin county Title, Inc., a duly licensed Title InsuJ:"ance Agent in the state of ColoJ:"ado heJ:"eby certifies that PETER H. CANTRUP AND DEBORAH A. C~NTRUP are the owner's in fee simple of the following described property: THE SOUTH FOUR (4) FEET OF LOT 12, ALL OF LOT 13, AND THE NORTH TEN (10) FEET OF LOT 14, BLOCK ONE (1), CONNERS ADDITION TO THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO Subject to easements, rights-of-way and encumbrances of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. . By..: TLE, INC. signature DATED: NOVEMBER 21, 1991