HomeMy WebLinkAboutcoa.lu.su.Blackswan.1976
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REcorded At 11. ) AM August 5, 1976
Julie Hane REcorder
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REce,b _ion no
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BLACK SWAN HALL CONDOMINIUMS
SUBDIVISION IMPROVEMENTS AGREEMENT
(SUBDIVISION)
m315 i))~tE141
THIS AGREEMENT, entered into and made this J)thd~y of
~~,~t; , 1976, by and between EUGENE GOLUB and
HOWARD ABRAHAM, a general partnership ("Subdivider"), and
THE CITY OF ASPEN, COLORADO, a Municipal Corporation ("City').
WIT N E SSE T H:
WHEREAS, Subdivider is owner and subdivider of a tract
of land within Pitkin County, Colorado, being situated in
Section 18, Township 10 South, Range 84 West of the 6th
Principal Meridian, Pitkin County, Colorado, which includes
Lots 12 and 13, and contiguous property lying southerly to said
Lots 12 and 13, Ute Addition to the City of Aspen County of Pitkin,
State of Colorado, described as follows:
Beginning at the Northeast corner of said Lot 12;
thence North 38035'40" West 109.81 feet;
thence South 45038' West 186.21 feet;
thence South 39056'30" East 96.24 feet;
thence North 49048' East 183.13 feet to the point
of beginning.
WHEREAS, Subdivider has submitted to City for appr~val,
execution, and recording a subdivision plat of the above-
described property, such subdivision to be known and designated
as "Black Swan Hall Condominiums"; and
WHEREAS, the City has fully considered such subdivision
plat, the proposed development and the improvement of the
subject property shown thereon, and is willing to approve,
execute, and accept said plat for recordation upon the
agreement of Subdivider to the matters hereinafter described,
which matters are deemed necessary to protect, promote, and
enhance the public welfare; and
WHEREAS, Subdivider and the City wish to reduce said
agreement to writing,
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, the parties hereto hereby
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MOK 315 i"AGt 142
agree as follows:
1. Subdivider covenants and agrees to and with the
City that it will affirmatively consent to and join in the
formation of any special improvement district, encompassing
all or any part of Black Swan Hall Condominiums (Subdivision),
that may hereafter be proposed or formed for the construction
of streets, alleys, and drainage improvements or buried
electrical improvements. Subdivider hereby waives and further
covenants and agrees to waive any right of protest against
the formation of any such district.
2. Owner and subdivider, for itself, its successor3
in interest, grantees and assigns, covenants and agrees that
in the event the City undertakes street improvements
(including paving, curb and gutter, and sidewalks) without ~he
formation of a special assessment district when such street
improvements include improvements in the right of way
abutting the above~described property, it will pay the actual
cost of any such improvements abutting the boundary of said
property such payment to be made to the City within ninety
(90) days after completion of the improvements, and on receipt
of written notice and demand for such payment.
3. The improvements shown on the Final Subdivision Plat
including curb, gutter, sidewalks, and landscaping shall be
completed as a condition for the issuance of the Certificate
of occupancy.
4. Subdivider agrees to pay to the City prior to
filing for record of the subdivision plat, the sum of
419; 203. K,,'
dollars, as full payment
for all obligations for payment of cash in lieu of land
dedication as required by the provisions of Section 20-18 of
the Aspen Municipal Code.
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BOOK315 !>Mi:l43
5. Upon execution of this Agreement by all parties
hereto, City agrees to approve and execute the final plat cf
the Black Swan Hall Condominiums (Subdivision) and accept
the same for recording in the real property records of
Pitkin County, Colorado, upon payment of recording fees and
costs to City by Subdivider.
6. The covenants and agreements of the Subdivider
herein shall be deemed covenants that run with the land, shall
burden the land included within the Black Swan Hall Condomi~iums
(Subdivision), and shall bind and be specifically enforceab~e
against all subsequent owners thereof, including Subdivider,
its grantees, successors in interest and assigns.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above written.
EUGENE GOLUB And HOWARD
a general partnership
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By 0 ,J
Eugene Golub b Leo ar M. Oates
hi~~t~~:~ .L,~ 'F
By ..;?o"" J(uI. . ~)..{J~ olA-f
Howard Ab~a~bY Leonard M. Cates
his attorney in fact
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'h ,.;:.. C,;jITY OF
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'~ui,.p~s T :
%~L.._),/ ~~ B :M
;~~~auter, City Clerk
ASPEN
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STATE OF COLORADO )
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County of pi tkin )"....:;,~"'> .j~!.
,;'1;1:; "S:>'.,; r' ,":,\ CJ (" " -,'::_'
. CThe for.l.goincr instrument was acknow.",~.~~~'~,p~,~.~i~.~,!ite: \~:
th~s 4L-C!ay of nUe:f17 , 1976, by LeonG\.iJti;l:-M.;:;Ocq:,,~,,~..,.:,~
attorney ~n fact 'for Eugene. Golub and Howard AJ;>.~iJ.,hi;;.;ii'~~1fa~~ to, ,i',
Power of Attorney rec<;>rd~d ~n Book ""11 at Page,;", <- ,o;l",);",ea,-,,,'",
property records of P ~ tk~n County, COlOrado. " ,: ( fl' 'd, \,
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Witness my hand and official seal.
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Notary Public ~~ ~
My commission expires:
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eooK315 PAG~144
BLACK SWAN HALL CONDOMINIUMS (SUBDIVISION)
SUBDIVISION IMPROVEMENTS AGREEMENT
STATE OF COLORADO )
) ss.
County of pitkin )
The foregoing was acknowledged before me this ~ day
of I1lJfVf-r , 1976, by H. MICHAEL BEHRENDT, MGi.'lor
Pro-Tern and KATHRYN S. HAUTER, City Clerk of the City of./\Spen,
COlorado.,<,~'~4C:' ;;I,~
Witness my hand and official seal. /'~'?~';"::"""~~"'"
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My Comml.ssl.on expl.res: <:r 0 ,'-' : A, ;
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Not~ K)~~":~~>
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Aspen Alps Condominium AssoCia~ "
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August17,1976 ~,'~~
Mr. George W. Gleason
381 Pine Brook Hills ~_
Boulder, Colorado 80302 .,y ~ ~
Dear Mr. Gleason,
Thank you for your letter of August 13th. I don't recall suggesting
parking off the Aspen Alps South Road and if I did, I apologize.
That road is owned by George Mitchell and H. A. Bornefeld, Jr.
and any permission would have to have come from them. As I
recall, when you discussed building additional units on your property
and using the Aspen Alps South Rea d as entrance to the parkixg
area, the conSensus was that because of the slanting roadway, ice
and snow conditions, bli nd curve, etc., the propo sal was turned down.
Please feel free to contact Mr. Mitchell and Mr. Bornefeld:
3900 One Shell Plaza
Houston, Texas 77002
713-224-4522
I hope this problem can be resolved to your satisfaction.
CO::;b-
ener~~an~~
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cc: Mr. George Mitchell
Mr. H. A. Bornefeldc:z
Box !228 . Aspen. Colorado 8!611 Phone 925-7820
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381 Pine Brook rills
Boulder, CO 80302
13 August 1976
Mr. Jerry Hewey, Mgr
Aspen Alps Condominiums
Aspen, CO 81611
Dear Jerry,
Because of the new Black Swan building that is going in next door
to me on Ute Avenue, I plan to vacate my existing driveway and re-
locate my parking area on the northCeast corner of my property.
When we discussed this last spring, you said that you would prefer
that I park off you Alps-South road rather than Ute Avenue.
Your suggesstion seems reasonable to me provided the following:
1. I have access for four cars to park parallel.
(see attached sketch)
2. You send written permission from a legal Aspen Alps rep-
resentative by 3 September 1976.
Si~rely,
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George W. Gleason
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MEMORANDUM
TO: Aspen Ci ty Council
FROM: Planning Staff (HC)
RE: Black Swan Condominium Subdivision - Final P.U.D. Plan
and Final Subdivision Plat Approval
DATE: July 22. 1976
This is a request for Final P.U.D. Plan and Final Subdivision Plat
approval of the Black Swan Hall Condominium Subdivison consisting
of a four (4) unit apartment house on 18.731 square feet of land
south of Ute Avenue across from the Gant Condominiums. Each of the
units is a three bedroom apartment. The property is zoned R-6
Mandatory P. U. D. The project was prqposed as the "Cottonwoods", but
has changed their name to Black Swantt~~
The Aspen Planning Commission on June 15. 1976 recommended approval
of the Preliminary Plat and Preliminary P.U.D. Plan.
The comments of the Planning Office are as follows:
The building is well located on the site and pre-
serves the existing stands of large cottonwoods.
The present use of the site is for a construction
storage yard.
The P & Z and the Planning Office are recommending
the normal parking requirement of one per bedroom
which would require twelve (12) parking spaces
be reduced to eight (8) parking spaces. The
property is zoned Mandatory P.U.D. which allows
variations in the number of parking spaces to be
granted by the Council. We feel that proximity
of the project to the Aspen Core facilitates pedestrian
and bus transportation, and have therefore recommended
a reduction to 8 parking spaces.
Mr. George Gleason. owner of the adjacent single
family residence to the east. is relocating his
access point to the Aspen Alps private road. His
existing drive crosses the Black Swan property, but
no easements were obtained by Mr. Gleason and he has
agreed to move his access.
03, 8'/
The open space dedication fee of $1:<.15,0:> has
been approved by Mick Mahoney. )
Additional street dedication of 10 feet for Ute
Avenue is reserved on the p 1 at.
The Pl anning Offi ce recommends approva 1 of the Bl ack Swan Ha 11 Fi na 1
P.U.D. plan and Final Subdivision plat conditioned upon the above
requirements and those of the City Engineer.
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MEMO
TO: HAL CLARK
PLANNING DEPT.
FROM:Tom Jones,
Engineering Dept.
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Date:July 22, 1976
RE: Black Swan Hall Final Plat
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The applicant has agreed to and has made all revisions
requested by the Engineering Department. The only
condition we place on our approval is that the
recommendations contained in a report to the
applicant from Lincoln-DeVore Testing Laboratory
relative to the on site spring and proposed
drywells be implemented by the developer at the
time of construction.
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MEMBER, A,S,T,M,
A,S.C.E,
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Soil Testing
Foundation
Evaluation
Materials
Tests
Concrete
Botch Design
Asphalt Mix
Design
Geologic
Interpretation
Groundwater
Hydrology
by
Regi stered
Professional
Engineers
&
, Geologi sts
Colorado
Springs,
Colorado
Pueblo,
Colorado
Rock Springs,
Wyoming
Glenwood Springs
Montrose
Gunnison.
Colorado
,
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THE LINCOLN-DeVORE TESTING LABORATORY
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George D. Morris. P.E.
1000 W. Fillmore
Colorado Springs, Colorado
303~632-3593
.,
July 20. 1976
Mr. Gary Oppenheimer
copland Finholm Hagman Yaw Ltd.
210 South Galena
1\spen. CO 61611
Re: Control of Spring Discharge on
Black Swan H~ll Site
Dear Mr. Oppenheimer:
Regarding your request for recommen-
~ations pertaining to the proper handling of discharge from a
spring located on the proposed aito of :alack SWan Hall in Aspen.
Colorado. the proper design of a ~stem for the collecticn, and
removal of water from the spring depends on the specific eharacter-
btics of each individual case (direction, source" and quantity
of seepage. grain size and permeability characteristics of the
s01l. etc.). However, we can make general recol!ll'nendations per-
taining to the type of system which could be used.
Basically. the system would incorpor-
ate a gravel collector with impermeable liner on the downstream
side, a filter material. and.pipe to collect the water and trans-
mit it to the surface (see enclosed sketch). specific a:.mensions,
~ilter requirements. and so on. cannot be determined unt~l further
data is IlIade available as mentioned previously.
There has also been some concern re-
garding the use of dry wells on thQ site in order to avo:.d prob-
lems with freezing of foundation drain outlets. We would not
recommend the use of dry wells in areas topographically higher
than the proposed structure. In light of the potential :or ex-
pansion in some areas, dry wells should be located as far as pos-
sible from the structures (preferably no closer than 40-~eet).
Dry wells should fully penetrate the clay layer encountered on
this site. terminating in the Illore permeable underlying sands.
We hope this has answered a:l.Y ques-.
t.ions you may have had. should you require further information,
please feel free to contac:t.the laboratory at any time.
Respectfully submitted.
r.~? ~ING LAB.
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COLORADO' Co/o<odo Sprinqo, Pueblo, G/enwood WYOMING Rock Springs; k;,
$pr'inqs, Montrose, Gunnison. J
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20 July 1976
381 Pine Brook Hills
Boulder, CO g0302
JJATE RECEIVED '7 - 22- ~ 7(;
ASSIGNED TO ~
DATE REPLIED
ROUTE
Aspen Planning and Zoning Commission
City Hall
Aspen, CO 81611
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Subject: Black Swan Hall Condominiums, Lots 12 and 13,
Ute Addition, Aspen
Gentlemen:
I own a house at Lot 11, Ute Addition, Aspen. I recently received
notice of a P and Z hearing to be held on IS June 1976 to ". ..eon-
sider the preliminary plot of the Black Swan Hall Subdivision loca-
ted on Lots 12 and 13 of Ute Addition, City of Aspen. II
I visited Aspen on 14 June 1976 and found that your hearing had
been postponed. While there, I visited with Ted Guy of Copland,
Finholm, Hagman and Yaw (architects for Black Swan) and Uohn Stan-
ford (Aspen Planning Department) to discuss a request from the
architects that I permit Black Swan residents to use part of my
property as a turn,around for their proposed parking.
I concluded that their proposal is unacceptable and gave verbal
notice of my refusal to accept the proposal to Mr. Guy and Mr.
St,aliford on 14 June 1976.
The purpose of this letter is to confirm my fefusal, as described
above, in writing.
I would also encourage you to require the Black Swan architects
to provide adequate landscaping along our common property line to
provide privacy for my front and back yards.
Sincerely,
;/
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George W. Gleason
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MEMORANDUM
TO:
FROM:'
RE:
DATE:
Dave Ell i s
Planning Staff (HC)
Black Swan Condominium Subdivision - Final Plat
July 2, 1976
Enclosed please find two (2) copies of the Final Plat of the Black
Swan Subdivision. This is a P.U.D. and is regulated by Ordinance 71.
We have scheduled Final Plat review for July 26, 1976 before City' .
Council. Your comments should be complete by July 22, 1976.
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MEMO
TO: HAL CLARK
PLANNING DEPT.
FROM:TOM JONES
ASST. CITY ENGINEER
[J
DATE:JuneIO,1976
RE: Black Swan Hall preliminary Submitted
We have reviewed the preliminary plat and have no
major problem with it. The two areas of concern
we have are parking and acc~ss to the existing home
on the East side of the site. The applicant has
agreed to provide 8 parking spaces in the "two deep"
configuration shown and have also agreed to shift
them to the West to provide on site access to the
spaces or to obtain an easement from the owners
on the East for access and maneuvering room. They
have also agreed to finalize an agreement with
this adjacent owner to provide him with continued
access across Black Swan Hall to this property.
They will revise the plan to provide the recommended
minimumlO foot separation between sewer and water
services, and will provide add~tional site drainage
details at the next submittal.
We therefore recommend approval of this preliminary
plat, subject to compliance with the concerns listed
above.
.
,
NOTE:
The Planning Office agrees with, the recommendation of the City
Engineer and recomm~nds Prel iminary Subdivision approval.
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Cottonwood Subdivision - Conceptual
DATE: April 21, 1976
This is a request for the "Cottonwood" Subdivision consisting of a
four (4) unit apartment house on .43 acres of 1 and south of Ute If) 1::U az I
Avenue across from the Gant Condominiums. The property is zoned
R-6 Mandatory P.U.D.
The Aspen Pl anningCommi ssi on on April 20, 1976, recommended
approval of the conceptual subdivision subject to the conditions of
the Pl anning Offi ceo Specifi cally, the Planning Commi ssi on agreed
to reduce the parking requirement to four (4) spaces.and combine
access for this project and the single family dwelling.
The comments of the Planning Office are as fOllows:
1. The !iuH<fing name is in confl i ct wi, th the existing
Cottonwood Condominiums, and will be changed.
2. The building is well located on tne site nad preserves
the existing stands of cottonwood trees.
3. Access to the single family dwelling to tne immedi.ate
east of tne site is across this site. An accessagree-.
ment should be negociated between tnese two properties for
joint use of a common access point to Ute Avenue.
4. The comments of the City Engineer are attached., He rec-
ommends approval of tne conceptual subdivision subject to
additi ona 1 dedi cati on (10 ') for Ute Avenue and otner
concerns which are herein addressed.
5. Due to the close proximity of this project to the Aspen
core, which facilitates pedestrian use, we support tne
reduction in parking spaces fl10m twelve (12) spaces to
four (4) spaces. Such reducti on wi 11 also fad 1 itate
the saving of the existing large cottonwood trees by
reducing the area of excavation for the project. It
should be clear that no parking is allowed along Ute
Avenue.
6. With the above considerations in mind the Planning Office
recommends approval of the conceptual subdivision of these
apartments.
MEMO
TO:
FROM:
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PLANNING DEPARTMENT
TOM JONES
ASST. CITY ENGINEER
DATE: APRIL 16, 1976
RE: THE COTTONWOODS CONCEPTUAL REVIEW
Several of the required items were either missing or
incomplete on this submittal. The addresses and
phone numbers of the subdivider and owners were
missing, and no list of adjacent landowners was
supplied so that we could not determine if the
subdivider owned or had options on any of it. I
also made some minor additions to the location map.
Two existing buildings adjoining the west side of
the property were not shown, and no provisions for
additional right-of-way for Ute Ave. were made.
We will require a 10 foot dedication for this
street. There is also some confusion as to whether
there will be two or four owners of the property
after it is subdivided. We also feel that the
name "Cottonwoods" should be changed, as there is
an existing complex in town by the same name. One
other problem that will need to be addressed in the
next review stage is the question of continued
access for the existing home east of this site.
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Pitkin County Extension Office
303/925-5185
Cooperative Extension Service
County Courthouse
506 E. Main Street
Aspen, Colorado 81611
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April 20, 1976
TO: Hal Clark
FROM: Dave Boyle
RE: Cottonwood Tree at 651 So. Monarch
This is a follow-up to my memo of April 7 concerning building
construction around the cottonwood tree at 651 So. Monarch.
Welton Anderson brought design changes in to my office that
appear to offset much of the potential root damage discussed
in my original memo. I believe that with careful excavation
and construction, all three trunks can be maintained. There
will undoubtedly have to be some top pruning of branches to
compensate for loss of roots. Extra care during and after
completion of construction will be important to insure survival
of the tree.
Colorado State University and U,S, Department of Agriculture Cooperating
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CONCEPTUAL PRESENTATION
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In accordance with Section 24-8. 7, Paragraph B of Ordinance 71
the following information is set forth to assist the members of the
Aspen Planning and Zoning Commission and City Council in better
understanding the planning objectives of the owners and architects
of "The Cottonwoods," a four-unit apartment house, as conceptually
described on the attached drawing.
Since the parcel of property the project is being planned for is
already zoned R -6 mandatory P. U. D. it is obvious that the Plan-
ning and Zoning Commission is in agreement that the only viable
approach to developing this land is through a P. U. D. The archi-
tects and owners als.o believe that a P. U. D. is the proper planning
approach for developing this land as it would improve the overall
character and quality of the new project. Also, a P. U. D. would
promote more efficient use of the land, public streets, utilities,
and governmental and private services.
In considering the physical configuration of the site it is easily
understood why the mandatory P. U. D. designation was attached
to it. Without a P. U. D. approach the site could be obliterated. It
would be covered with single-family residences, driveways, auto- 'V
mobile parking and utility easements. Obviously there would be th
none of the sites natural amenities left td enjoy. 6" 'r'. -t..:
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The architectural program calls for four three-bedroom apart-I tl
ments which will be permanently occupied bv four fRmilIes who
are iointly.building the project. All four apartment units will be r~
identical in plan with bedrooms and baths on the first floor and Y
living, dining, and kitchen facilities at the upper level. Sectionally
the building will be as low as possible and still comply with building
code requirements for natural light and ventilation.
In accordance with Section 24-8. 17, Ordinance 71 the architects
and owners request that the number of required parking spaces be
lowered from 12 to 4. The architect will explain their reasoning
on this matter at the conceptual reviews by P & Z and Council.
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Landscaping will be handled with as little site disturbance as pos-
sible and will consist mainly of tree screening at the property lines
for privacy and railroad tie cribbing to retain minimum cuts above
the parking area. The building has been placed on the site so no
major trees will have to be removed on its account. The project
name should serve as indication of the owners and architects intent
with respect to the trees on the site.
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Finally with regard to future ownership it is the intention of the
owners to retain title to the project indefinately. They are
building the project for their own use and have no intention of
selling it in the immediate future.
Respectfully submitted
COPland~B~gman Yaw Ltd
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26 May,1976
~oPland Finholm Hagman Yaw, Ltd.
210 South Galena Street
If. O. Box 2736
~spen, Colorado 81611
~[ Re: Black Swan Iiall Subdivisi.on
. Dear Mr. Copland;
'.::::::/ '
I fors,ee no problems with the availability of water for the re-
ferenced proposed 4-unit apartment complex situated on lots 12,
[J it~i~ g~~:~;~O~~l~~~~~~bered lot,Ute Addition, City of Aspen,
There is a six inch cast iron pipe (6" C. I.P.) water main in Ute
Avenue between Aspen Mountain Road and Aspen Alps Road which
parallels the northeast boundary of this parcel.
ery Truly Yours,
Brian R. Deacon
Water Department
cc: Bill Kane, Aspen/Pitkin Plann,er'
Dave EllIs, City Ellgineer~
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Notice is hereby given that a public hearing will be held on June 15, 1976
at 5:15 P.M. in the Council Chambers, City Hall before the Aspen Planring
and Zoning Commission to consider the Preliminary Plat of the BlackS\I'an
Hall Subdivision located on lots 12 and 13 of Ute Addition, City of
Aspen.
The application consists of four 3 bedroom apartments of 1,900 square feet
each on 19,000 square feet of land.
A copy of the application is on file in the Office of the City/County
Planner during normal working hours.
Notice is hereby given that a public hearing will be held on June 15, 1976
at 5:15 P.M. in the Council Chambers, City Hall before the Aspen Planning
and Zoning Commission to consider the Preliminary Plat of the Black Swan
Hall Subdivision located on Lots 12 and 13 of Ute Addition, City of
Aspen.
The application consists of four 3 bedroom apartments of 1,900 square ~eet
each on 19,000 square feet of land.
A copy of the application is on file in the Office of the City/County
Planner during normal working hours.
CITY-C.UNTY SUBDIVISION REFERRAL LIST
I' ~
1. CITY OF ASPEN
A. PLANNING DEPT. (2)
B. ENGINEERING (2)
g: :~~~~O~ ~~~~~G (g) /]' ,
E. FIRE MAASHALL (1) l./--
F. WATER DEPT. (1) ~
G. ELECTRIC
2.-TRAIL COORDINATOR
JEFF -DAVIS
506 E. Wl.IN
ASPEN
3. METRO SJlNHATION V
BOX 2810
ASPEN
4. ASPEN FIRE DIST. #1; , ./
C/O DICK MILLER~ L/
BOX 4869
ASPEN
PJ::!1i
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5. MOUNTAIN BELL
BOX 2688
GRAND JlR'JCTI ON
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81501
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6. HOLYCROSS ELECTRIC
C/O CLEMENT KOPF
1301 GRAND AVE.
GLENWOOD SPRINGS 81601
7. RICfAAD LEE
ASPEN SCHOOL DISTRICT #1
BOX 300
ASPEN
8. ROCKY MOLNTAIN GAS CO.
C/O WILlARD CLAPPER V
BOX 205,9
ASPEN
9. COUNTY SJlNITARIAN
506 E. Wl.IN
ASPEN
10. COUNTY ENGINEER
506 E. MAIN
ASPEN
11. U.:S. FOREST SERVICE (BOB RANKIN)
BOX 359
ASPEN
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12. DIVISION OF WILDLIFE (WHITAKER)
BOX 1153
ASPEN
13. MT. SOPRIS SOIL CONSERVATION SE VICE
CARBONDALE
14. COLO. DIVISION OF WATER RESOURC S
101 COLUMBINE 6UILDING
1845 SHERMAN ST.
DENVER 80203
15. COLORADO GEOLOGICAL SURVEY
254 COLUMBINE BUILDING
1845 SHERMAN ST.
DENVER 80203
16. U.S. DEPT. OF AGRICULTURE
SOIL CONSERVATION SERVICE
GLENWooD SPRINGS 81601
17. BUREAU OF LAND MANAGEMENT
GLENWooD SPRINGS RESOORCE AREA
BOX 1009
GLENWOOD SPRINGS 81601
18. STATE FORESTER
LEROY D. SCOTT
1039 N. 7TH ST.
GRAND JUNCTION 81501
19. SNOWMASS FIRE DEPT.
BOX 5700
ASPEN
20. SALVATION DITCH CO.
C/O DELANEY & BALCOMB
818 COLORADO AVE.
GLENWOOD SPRINGS 81601
21. WILLOW CREEK DITCH CO.
C/O LADA VRANY
BOX 658
ASPEN
22. COLO. DIVISION OF HIGHWAYS
, 606 SOUTH 9TH STREET
P.O. BOX 2107
GRAND JUNCTION, 81501
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130 s01}th galenl street
aspen, t~())oJa(t!>'"~ 81611
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SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
6-3-76
Black Swan
Agency:
Rocky Mountain Gas
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
c
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than June 15, 1976
If you have no comments please refer this form back to us making note
that you have no comment at this time.
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ASPEN I P IT K~N/Pla-nl;ling 'Department
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130 so~th gaten} street
aspen, t,f(),IQ"ra<lc9i 81611
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SUBDIVISION PLAN CHECK FORM
Mail i ng Date:
Subdivision:
6-3-76
Black Swan
Agency:
Metro Sanitation
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than June 15, 1976
If you have no comments please refer this form back to us making .note
that you have no comment at this time.
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ASPEN I PIT KlNc"Plann..ing Departmen
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SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
6-3-76
Black Swan
Agen cy :
Fire ~1arshal
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recOmmend d
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Pl anni ng Office no later than June 15, 1976
If you have no comments please refer this form back to us making note
that you have no comment at this time.
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21 May 1976
Aspen Planning & Zoning Commission
City Hall
Aspen, Colorado
Re: Black Swan Hall Apartment Project,
formerly "The Cottonwoods"
Dear Commission Members:
In accordance with Ordinance 22 & 71 we are submitting the attached
documentation for preliminary review and approval by the Planning
and Zoning Commission.
Black Swan Hall consists of four 3-bedroom apartments of 1900 s. f.
each, total area 7600 s. f. The site which lies south of Ute A venue
is zoned Mandatory P. U. D. and is 19,000 s. f. in area (approximately
.43 acres). The project is three stories in height with one story
nearly completely below existing grade. Of the 19,000 square feet
available land 2,660 s. f. are covered by the structure giving a site
coverage of 14%. In addition to site coverage by the building there
will be approximately 1900 s. f. of parking which will constitute an
additional 10% of site coverage. The structure is sited so as to
distrub little or no vegetation, and any retainage required at the
front or back of the structure will be accomplished with railroad
ties which will give a soft affect as opposed to a hard line which
would be created by standard concrete retaining walls.
At.a future date the owners anticipate construction of a swimming
pool plus ancillary facilities. This pool building will be built -in
to the rear bank with sodded roof so as to blend with the natural land -
scape.
In addition to this information I am submitting copies of our con-
ceptual presentation to further assist the Commission in under-
standing this project.
ARCHITECTS · PLANNERS. ASPEN, COLORADO. 8161 'u
210 SOUTH GALENA STREET' POST OFFICE BOX 2736. TELEPHONE 303.)25.2867
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Letter to Aspen Planning & Zoning Commission
21 May 1976
Page 2
I will be available at my offices during normal working hours
between now: and the public meeting to, assist Commission Mem-
bers in any way possible.
RespectfulIy submitted
Copland Finholm Hagman Yaw Ltd
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Encl.
James J. Copland
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CONCEPTUAL PRESENTATION
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In accordance, with Section 24-8.7, Paragraph B of Ordinance 71
the following information is set forth to assist the members of the
Aspen Planning and Zoning Commission and City Council in better
understanding the planning objectives of the owners and architects
of "The Cottonwoods," a four-unit apartment house, as conceptually
described on the attached drawing.
Since the parcel of property the project is being planned for is
already zoned R -6 mandatory P. U. D. it is obvious that the Plan-
ning and Zoning Commission is in agreement that the only viable
approach to developing this land is through a P. U. D. The archi-
tects and owners also believe that a P. U. D. is the proper planning
approach for developing this land as it would improve the overall
character and quality of the new project. Also, a P. U. D. would
promote 'more efficient use of the land, public streets, utilities,
and governmental and private services.
~<"'.~
'.
In considering the physical configuration of the site it is easily
understood why the mandatory P. U. D. designation was attached
to it. Without a P. U. D. approach the site could be obliterated. It
would be covered with single -family residences, driveways, auto-
mobile parking and utility easements. Obviously there would be
none of the sites natural amenities left to enjoy.
The architectural program calls for four three-bedroom apart-
ments which will be permanently occupied by four families who
are jointly building the project. All four apartment units will be
identical in plan with bedrooms and baths on the first floor and
living, dining, and kitchen facilities at the upper level. Sectionally
the building will be as low as possible and still comply with building
code requirements for natural light and ventilation.
In accordance with Section 24 -8.17, Ordinance 71 the architects
and owners request that the number of required parking spaces be
lowered from 12 to 4. The architect will explain their reasoning
on this matter at the conceptual revi,ews by P & Z and Council.
Landscaping will be handled with as little site disturbance as pos-
sible and will consist mainly of tree screening at the property lines
for privacy and railroad tie cribbing to retain minimum cuts above
the parking area. The building has been placed on the site so no
major trees will have to be removed on its account. The project
name should serve as indication of the owners and architects intent
with respect to the trees on the site.
II
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Finally with regard to future ownership it is the intention of the
owners to retain title to the project indefinately. They are
building the project for their own use and have no intention of
selling it in the immediate future.
Respectfully submitted
James J. Copland
JJC:sb
Encl.
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MEMORANDUM
Lr,ry, {'~A<II
TO: Aspen Plannina r.nmmission
FROM: Planning Staff (HC)
RE: Cottonwood Subidivision - Conceptual
V
DATE: Apri 1 115, 1976
This is a request for the "Cottonwood" Subdivision consisting of a
four (4) unit apartment house on .43 acres of land south of Ute
Avenue across from the Gant Condominiums. The property is zoned
R-6 Mandatory P.U.D.
The comments of the Planning Office are as follows:
J~
1. The building name appeimi to bi inconfl ict with the
existing Cottonwood Condominiums~d w,'u. 4le (!(.~lcI/e,(:J,
2. The building is well located on the site and preserves
the existing stands of cottonwood trees.
3. Access to the single family dwelling to the immediate
east of the site is across this site. An access agree-
ment should be negociated between these two properties for
joint use of a common access point to Ute Avenue.
4. The comments of the City Engineer"will b~ presented IJo1toe- t9-f7'nr.1ktJ.
at the r 11 Z medi,,\!. k .e.co.... t ,?/~I 9~,.?7'4
(Ct4-e;>J"l<" "'~b"w .s""'''..T 70 ~c4It'l1()"'fl "('<ltCI}-PO'" (Jo') fC81t- ~te. 1'1Vt:./Irktl
5. Due to the close proximity of thi s project to the Aspen (P'TJlotf UJ"GU'</$
core, which facilitiates pedestrian use, we support the w"U."fef,e>-ew
reduction in parking spaces from twelve (12) spaces to e<J4.."cct
four (4) spaces. Such reduction will also facilitate .
the saving of the existing large cottonwood trees by
reducing the area of excavation for the project. It
should be clear that no parking is allowed along Ute
Avenue.
6. With the above consideration" in mind the Planning Office
recommends approval of the conceptual subdivision of these
apartments.
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SCHEDULE ,A
Order Number: 6415
1. Effect;ve date: April 12. 1976 at 8 :00 A.M.
Commitment Number: CC 23421
2. Policy or Policies to be issued:
Premium
Amount of Insurance
A. ALTA Owner's:PolicV
Proposed Insured:
$78.000.00
$284.20
EOWl.RD ABIWWI and GENE GOLUB
B. ALTA Loan Pdlicy
Proposed Insured:
$
c.
$TaxCertificate
5.00
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto
is at the effective date hereof vesfed in:
UTE INVESTIl.ENT CO.. A limited partnership.
4. The land referred to in this commitment is. described as follows:
A tract of land situated in Section 18. TOWlIship JO\~outh. Range 84 >lest
of tbe6th Principal Meridian. Pitkin County, Color<!~Q,. which includes Lots
12 and 13, UTE ADDITION to the City of Aspen, County ~ Pitkin. State of
Colorado. deseribed as follOWs: '"
Beginning at the Northeast corner of ~a.....Lot 12;
thence North 38035' 40" West 109.81 feE!t~ ."
thence South 45038' Yest 186.21 feet; . ~
thence South 39056'30" East 96.24 feet; """-
thence North 49-48' East 183.13 feet 1:0 the pO{nt of beginning.
_", of ""_. ..... of .~
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Page 2
STEWART TI'I'LE
406002
COPY FOR ISSUING OFFICE
GUARANTY COMPANY
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SCHEDULE B - Section 1
Order Number: 6415
, CC 23421
Commitment Number:
ReqLJirements
The fOllowing are the requirements to be complied with:
ftern (a) Payment to or for the account of the granters or mortgagors of the full consideration for the estat'e or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be ins.ured must be executed and duly filed for reccrd,
to.wit;
(c) Deed from Ute Investment CO.. a limited partnership to floward Abraham and
Gene Golub.
nOTE: Certificate Of Limited Partnership of Ute Investment Co.. :Recorded
ss Reception Ntmlber 134490. discloses the following named person as the
Cellarsl Partner:
Clyde L. ~lewell
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406003
Page 3
COpy FOR ISSUING OFF!CE
STEWA:U.T'l'I'l'LE
GUARANTY COMPANY
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SCHEDULE B - Sectioro2
Exceptions
Order Number: 6415
Commitment NumbeaC 23421
The policy or policies to be issLled will contain exceptions to the following unless the same are disposed of to 1he
satisfaction of the Company:
1. Rights or c1aimsot 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 inspection 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 theretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse Claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acqu'res
of record for value the estate or iliterest or mortgage thereon covered by this COr.1mitment.
6.Any and all unpaid taxes and assessments and any and all tax sales
which have not been properly redeemed or cancelled. Treasurer's Certificate
of taxes due has been ordered.
7.Right of way for ditches or canals constructed by the authority of the
United States as reserved in Uliited States Patent recorded in Book 175
at page 299.
8.Mineral reservations as set forth in DocUlllent recorded Apr.l1 28, 1961 in
Book 193 at page 595. .... '\
9.Any tax. assesstllent. fees or charges by reason ~e inclusion of the sllbject
,~ .
property in the Aspen Fire Protection District. Aspe~Metropolitan Sanitation
District, The City ofAspeu and Aspen Valley llospita1 D(strict.
Exceptions numbered
are hereby omitted.
Page 4
STEWAR'r TI'l'LE
GUARANTY COMPANY
406004
COpy FOR iSSUING OFFICE
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1. n"lTh"""'tfilfal1~~~ a current commitment for title insurance policy in
an amount equal to the purchase price, at seller's lCIPtioxxW:: expense, shall be furnished the purchaser on or before
April 15 ,19.26...- ~Ma!>".mK~OIDtlOm"'tnM""" seller
will deliver the title insurance policy to purchaser after closing and pay the premium thereon.
2. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and .sufficient ' 11
1 '. ' , . FurCnaSer s~a
qenera warranty deed to sald purchaser on rnp flAtp nn wn, ('n tl1e> , ._, or, by
mutual agreement, at an earlier data, conveying said property free and clear of all taxes, except the general taxes Ul 0 0
for 19-26..-, payable January I, 19.:z::L., and except 'g Hl g:
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The printed portlOM of thIl fot1ll approTtd b1 the'
Colorado :a..x Eetat. ConUl.duJ01l (Be 2t.'1..'I1)
For UIO ill aale.of
VACANT LAND ONLY
RECEIPT AND OPTION CONTRACT
(VACANT LAND)
l>1'1rroh
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RECEIVED FROM HOWARD ABRAHAM, U':') Y:'JV1\T, !'mo GENE GOLUB
Purchaser (aanI~, the sum of ~ 'i, 000.00 ,
. . fro coJ lectlon
In the form of ppr!'mn" 1 cnpck, S11n] pr.r 1'0 be"hefd1>y Scheer & Ilelmieh, Incbroker,
in i1:sescrow or trustee account, as eameat money and part payment for the following described real estate situate u.
the City of Aspen County of pitkin ,Colorado,towit:
A tract of land situated in Section 18, Township 10 South, Range 84
West of the 6th Principal Meridian, Pitkin County, Colorado, which
includes Lots 12 and 13, UTE ADDITION to the City of Aspen, County
of Pitkin, State of Colorado, described as follows:
Beginning at the Northeast corner of said Lot 12; thence North
38035'40" West 109.81 feet; thence South 45038' West 186.21 feet;
thence South 39056'30" East 96.24 feet; thence North 49048' East
183.13 feet to the point of beginning comprising approximately
/q) 000 square feet more or less and fronting on Ute Avenue.
with all easements and rights of way appurtenant thereto, which property purchaser agrees to buy upon the following
terms and conditions for the purchase price of $ 78 , 000 . 00 , payable as follows $ 5, 000 . 00
hereby receipted for, the balance in cash upon the closing.
Priee to include: All improvement fees and assessments paid by the Seller
or its predecessors in title on or before the date of this
contract.
; free and clear of all liens for special improvementa now installed, whether assessed or
not; and free and clear of all liens and encumbrances except: None
and except easements fo1it as contained in
affecting the subject property,
affecting the subject property;
United States Patents of record
and mineral reservations of record
and subject to building and zoning regulations oom:ldle}(nllomilml~kti(\lI\:lcmxm~
3. Gcneral taxes for 19...1L, (based on 19-1.5- levy and 1925- assessment),~!l::~=etF.l
@l\~14raf<lili'Yll\lfillX
slum be apportioned to date of'~ this agreement.
-"--'--'--'-
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No. SC.26-7~71 R~!:;.;t iUlod Op1!.,.n Contr:let (V~eJlr.t Lll.nd)~!irAdford P-olb:lihl..ng Co., lS2'~4G Btout_S~ DenYe:-, Colorad:o -.M's
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4. The hour and place of closing shall be ... designated by
5. Pos.ession of premises sball be delivered to purchaser on
purchaser,
closing
provinpn rnp SAme shall
hp in Aspen, Co
.ubject to the following leases or tenanci..:
None
6. In the event the premises are substantially. damaged by fire, flood or other casualty between the date of this
agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may,
at the option of the purchaser herein, be declared null and void and any deposIt herein made shall be immediately
returned to purchaser. except as otherwise herein provided
7. Time is of the essence hereof, and if any payment arany other condition hereof is not mad~ tendered, or .
performed by purcbaser as herein provided, then this contract shall be null and void and of no effect, and b )th
parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of
the seller, as liquidated damages.
8. In the event the seller fails to approve this instrument in writing within ten days from the date
hereof, or if title is not merchantable and written notice of defects is given to the seller or agent within the time
herein provided for delivery of deed and shall not be rendered merchantable within 60 days after such written notice,
then this contract, at purchaser's option, shall be void and of no eff.ect and.each party hereto shall be released from
all obligations hereunder and. the payments made hereunder shall be returned forthwith to purchaser upon return of
theabstraet, if any, to seHer; provided, however, that in lieu of correcting such defects, seller may, within said 60
days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title
to be free from such defects and seller shall pay full premium for such Title Insurance Policy.
9. Additional Provisions:
(SEE EXHIBIT A ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HER~OF)
x
10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser 2.nd
shall iiry:re to thi ben~}t ff th~ heirs, successors and. assigns of said parties.
'i!J\JVI."'-11 CL~~
Howard Abraham
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Pu>chaoot )'7' :;JV'",l /~
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Agent SCHEER & HET.MTCH, TNr..
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By:
c)./.b .~
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Seller pproves th"l'lJove contract this J 7 day of Marr:n ,19.7..6- and agrees t; pav a
commission of % of the gross sales price for services in this transaction, and agrees that, in the event of
forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the seller,
one half thereof to said broker, but not to exceed the commission, and the balance to the seller. *
UTE IN~TMENT CO.
By /t'f<-,/dc. 91/L-v-J./t
Clyde Ney/ell. Sanerl
7.t;l7~
Seller
Purchaser'sAddress 728 East Hopkins Street, Aspen, r.nlnrAnn Rl (ill
Seller's Address
c/o Oates, Austin & McGrAth, (,00 F.Asr Hnpkins ~rrpe-,
Aspen, Colorado 81611
*In the event of a default hereunder by Seller, Seller and Seller's
Broker agree to promptly refund to Purchasers all monies previously
paid by them hereunder and Purchasers shall be entitled to exercise
all remedies afforded to them at law or equity on account of such
default.
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EXHIBIT A
TO
RECEI~T AND OPTION CONTRACT
BETWEEN
UTE INVESTMENT CO. AND
HOWARD ABRAHAM, i;Brl KO'v'::L AND GENE GOLUB
9. Additional Provisions:
Conditions of Purchase. The purchase and sale of the
subject property shall be conditioned upon and subject to the
fulfillment by the purchasers of the following conditions:
(a) A building permit shall issue for the subject
property allowing the purchasers to build thereon a four-plex
residential structure containing four three-bedroom units of
1,600-1,800 square feet each.
(b) Prior to the issuance of said building permit,
planned unit development and final subdivision approval shall
have beert granted allowing the said four-plex structure to be
divided into four (4) separate condominium units.
In order to fulfill the conditions recited in subpara-
graphs (a) and (b) above, the purchasers covenant and agree
that they shall immediately engage the services of a local
Aspen architect and local Aspen attorney to expeditiously and
efficiently process all necessary applications in order to
obtain planned unit development, subdivision approval and
to procure the issuance of the requisite building permit with
the intention and desire of obtaining the same within one
hundred twenty (120) days of the date hereof. In the event
that such approvals and building permit shall not have been
obtained within said one hundred twenty (120) day period but
the applications of the purchasers are at that time pending,
and if the purchasers have diligently processed and are
diligently prosecuting the same, then the purchasers shall be
entitled to a reasonable extension of the time period within
which to obtain the approvals and permit.**The purchasers
covenant and agree that the proposed improvements for which
they shall seek approval shall comply in all respects to the
applicable zoning for the subject property and the Uniform
Building Code; the intent being that the same shall require
no variances therefrom except those which will be required
because of inadequate front width of the property. The
purchasers covenant and agree that they shall apply to the
City of Aspen Board of Adjustment for such variance allowing
the proposed improvements. In the event that such variance
shall not be approved, or in the event that subdivision and/or
Planned Unit Development approval shall be denied, or in the
event that a building permit shall be denied for the proposed
improvements, then and in that event the purchasers shall, at
their option, within ten (10) days of any such denial, be
entitled to declare this contract null and void and receive
back all moneys previously paid by them hereunder. The pur-
chasers may determine at any time that any application for
approval is pending hereunder that they do' not wish to proceEd
therewith. In that event, the purchasers shall forfeit all
moneys previously paid by them hereunder and shall assign all
of their rights in and to any pending applications to the
seller, together with all improvement plans in process. The
seller shall have the right, but not the obligation, to accept
an assignment of any such rights and plans, except as otherwise
contained herein. Upon termination hereof, all of the parties
shall be released from further obligation hereunder. For
purposes of determining whether or not diligence has been 'I
shown by the purchasers entitling them to an extension of the
** (butin'noevent shalT such extension be for more than
one hundred eighty (180) days following such one hundred
twenty (120) day period)
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one hundred twenty (120) day period hereinbefore provided
for, good faith shall be applied by all of the parties; but
if they shall be unable to concur, then the Qpinion and det r-
mination of the staff member of the City of Aspen Planning
Department in charge of this project shall control as to
whether or not diligence has been shown by the purchasers a d
what a reasonable extension should be in order to effect a
determination of the matters pending.
DATED: March 24 , 1976
Seller:
UTE Il1VESTMENT CO.
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By d/~dc- 71{L<,-t:-e'c I ,?;7,/;y
/ Clyde Newell /' "
Purchaser:
f+~Vvv~,~ C{~l~i~v>-/
Howard Abraham
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