HomeMy WebLinkAboutcoa.lu.su.Clarendon.36-80
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No, 36-80
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: 8/7/80
STAFF:Jolene Vrchota
2. APPLICANT: r.l;t"p\')nl)n r.orylominillm<:
--
Joe Edwards 925-7116
Jerome Proressional llldg.
201 N. Mill St., Suite #109
4. PROJECT NAME:
Clarendon Amendment to PUD Plan
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3. REPRESENTATIVE:
5. LOCATION:
7"2..D t::, ~ ~ P><ve-.
6. TYPE Of APPLICATION:
Rezoning
>( P.U.D. A/IIit.O-v.J~-J-
Special Review
Growth Management
HPC
Subdivision
Exception
Exemption
70:30
Residential Bonus
____Stream Margin
____8040 Greenline
_View Plane
_Conditional Use
, Other
-
pun a.pprvv~d Sap+' 27., 117S
7. REFERRALS:
~Attorney
x Engi neeri ng Dept.
_Housing
_Water
_City Electric
Sanitation District School District
Fire Marshal ~ocky Mtn. Nat. Gas
Parks _State Highway Dept.
Holy Cross Electric Other
Mounta in Be 11
8. REVIEW REQUIREMENTS;
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g. DISPOSITION:
P & Z V Approved / Denied Date cr/Z(80
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Council ~ Approved ~ Denied Date 1/'2-2-/g0
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10. ROUTING:
Attorney
X Building
Engi neeri ng
Other
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Jolene Vrchota, Planning Office
RE: Clarendon (Centennial) Condominiums, Amendment to PUD Plan
DATE: August 26, 1980
APPROVED AS TO FORM: ~r:;;//V/ i
Zoning: R-6 PUD 0/6 acre parcel
Location: 720 East Hyman
Request:
Description of
Change:
Attorney's
Comment:
Engineering Dept.
Comments:
Planning Office
Recommendation:
P & Z
Recommendation:
The applicant is requesting an amendment to its PUD plans
for the existing 15-unit Clarendon Condominiums located
at 720 East Hyman Avenue. The plan was initially approved
in 1975, with minor amendments approved later by the
Planning Office (Bill Kane). Section 24-8.26 of the Aspen
Code provides for amendment to previously approved PUD plans.
The Planning Director is allowed to approve minor changes,
but not "an increase by greater than one percent (1) in the
approved residential density of the proposed development"
(Section 24-8.26(a)(8)).
The request is specifically for City Council approval, with
P & Z recommendation, of the addition of one 250 square foot
bedroom to Unit No. 12, comprising a 1.13% increase in total
floor area.
A third bedroom will be added to Unit No. 12 with little
disturbance to the land or to the present configuration
of the building. The unit is presently two-stories,
resulting in a break of the roofline since other units in
the row have three stories. (See attached drawings.)
Therefore, the 250 sq.ft. addition can be built within the
context of the existing building's design. According ,to
Jim Copland, the architect for the project, the original
working drawings of the project will be used to construct
the addition. Also 'all the materials and finishes origi-
nally used are still available, so a nearly perfect match
can be made between the existing structure and new addition.
No comment.
The Engi neeri ng Department commented orally that it sees
no problem with this minor change. It is understood that
the integrity of the original structure will be maintained
and that no intrusion on the Glory Hole Park View Plane
will result.
The Planning Office recommends approval of the P.U.D. amend-
ment for the Clarendon Condominiums allowing a third bedroom
(250 sq. ft.) to be added to the third floor of the north
side of Unit No. 12.
At a regular meeting held on September 2, 1980, the P & Z
recommended approval of this P.U.D. amendment because there
is no increase in the building and architectural integrity
is maintained.
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P & Z
Recommendation,
cont. :
City Council
Motion:
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Memo: Clar~n Amendment to PUD Plan
August 26, i ;
Pijge TiIlo
The P & Z discussed at length the possible cumulative effect
of piecemeal approval of additions to all units. The appli-
cant's attorney argued that this would not set a precedent
for additions to all other units since most would not be so
architecturally compatible as the proposed addition. In
addition, P & Z does have the final review as to appropri-
ateness of each expansion. Olof Hedstrom added that the
homeowner's may be relied on to maintain the integrity of
the development. (The written approval of at least 51 per-
cent of the homeowners will be obtained if the amendment
is approved.) Further, a P & Z minority argued that public
input was made when the P.U.D. was approved, and public
input should be made at the time of amendment.
Move to approve an amendment to the P.U.D. plan for Clarendon
Condominiums allowing a third bedroom (250 square feet) to
be added to the third floor of the north side of Unit No. 12.
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APPLICATION FOR AMENDMENT OF THE P.U.D.
PLAN OF THE CLARENDON CONDOMINIUMS
1. RECITALS
,1.1 The Clarendon Condominiums received subdivision
approval from the Aspen City Council initially on September
22, 1975, and a re-approval on January 26, 1976. The
Subdivision Agreement for the Clarendon subdivision is
recorded in Book 310, at Page 359; the Condominium Map is
recorded at Plat Book 5, Pages 36-39; the Condominium
Declaration is recorded at Book 319, Page 415, et seq.,
all in the records of Pitkin County.
1.2 Section 24-8-26 of the Aspen City Code, provides for
the amendment of previously approved P.U.D. plans. Subsection
(a) thereof, provides that minor changes to a P.U.D. plan
may be approved by the Planning Director alone. Subsection
(b) thereof, provides that in other cases a P.U.D. plan may be
amended by the approval of the City Council, after recommendation
from the Planning and Zoning Commission, upon a showing of
changes since the prior approval.
1.3 Existing project description:
Zoning R-6, P.U.D.
Land Area 1. 627 acres
Land Coverage
Open Space
.74 acre
.88 acre
Demd ty Allowed
15.75 units (no F.A.R.)
Density Existing
15 unit
(9 two bedroom units at 1360 sq. ft.
each)
(6 three bedroom units at 1610 sq. ft.
eaoh)
Estimated Population -
Maximum Occupancy
Average Occupancy
2 per bedroom=72 persons
at 38% or 28 persons
1.4 Prior P.U.D. Amendment. Under provisions of 24-8.26(a),
the Planning Director has previously approved certain changes to
the Clarendon Subdivision P.U.D. after determining that the changes
were minor in nature. Those changes included (a) building moved
5 ft. south; (b) elevation increased 3 feet; (e) re-location of
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utility building; (d) re-located swimming pool; (e) omitted
the tennis court; (f) increase unit sizes 8% without increasing
land coverage by decreasing patio area.
2 . PROPOSED AMENDMENT.
2.1 The Clarendon Condominiums were constructed such that
the two bedroom unit is the same basic construction as the
three bedroom unit, except the rear roof line is lower.
The owner of the two bedroom condominium unit 12, proposes
to raise the rear roof line of that unit following the
original construction procedures and thereby create a three
bedroom unit, a.dding an additional 250 sq. ft. of floor
area to this unit.
2.2 The changes are as follows:
(a) unit mix - after the addition, there will be
eight two bedroom units and seven three bedroom units for
a total of 37 bedrooms.
(b) Change in square footage - the former square
footage of the building was 21,900. After the addition of
this bedroom of 250 square feet, the total would be 22,150
square feet. This is an increase in total floor area of
1.13% .
2.3 The proposed changes are illustrated in the exhibits
to this application. Exhibit "A" is a north view elevational
drawing indicating the visual changes to the building resulting
from the proposed addition. Exhibit "B" is a sectional
drawing illustrating before and after, the expansion of
and the changes to condominium unit 12. Exhibit "C" is a
letter from the architects, who originally designed the
Clarendon Condominiums, indicating that the addition can be
made using conventional construction techniques, without
endangering adjacent units or affecting the structural integrity
of the building.
3. CHANGES SINCE PRIOR APPROVAL.
3.1 At the time of the prior approval, in January of 1976,
the project was still owned by the original developer. At the
time that the Planning Director approved the minor changes
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in the P.U.D. plan for the Clarendon Condominiums" the
project had been sold to the Centennial Partnership No.1,
a Colorado limited partnership as a interim owner, and that
change in status was the justification for the prior P.U.D.
amendment. Subsequently, the individual units have been
separately sold to the various owners and condominium unit
12 was sold to Mr. Earl Latterman and his wife, Marilyn.
3.2 Mr. Latterman originally purchased this unit for
use of himself and his wife, primarily for a second home
for various vacation usage. However, subsequent to Mr.
Latterman's purchase, several of his children have returned
to reside with him for the foreseeable future and the
mother of Mrs. Latterman now resides with the family and
therefore his family has unexpectedly increased in size.
Therefore, he desires to expand his unit to a three bedroom
unit in order to comfortably accommodate the members of his
family, which for present usage is too small.
3.3 That the requisite number of condominium unit owners
have approved the proposed amendment and have endorsed the
application for amendment of the P.U.D. plan.
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JlRiLYlULA~RMAN ,
Owner of Clarendon
Condominium, unit 12
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EARL LA TERl-lAN, Owner of
Clarendon Condominium Unit 12
CLAREND~, .)CONDOMINIUM ASSOCIATION
By: "U~ ~f;!/to
Pres~dent
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to))tandHagman ~ Architects PO Box 2736 Aspen Color ~11 303 925 2867
21 April 1980
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Mr. Earl Latterman
1730 Squirrel Hill Avenue
Pittsburgh, Pennsylvania
Dear Mr. Latterman:
In response to our recent conversation with' Joseph Edwards, your
representative here in Aspen, we are writing to explain our findings
regarding the proposed bedroom addition to your condominium unit
in, Aspen.
1 5217
Adding a thIrd bedroom to Unit 1112 of the Centennial Condominiums
can be accomplished wIth little effort and disturbance. Fortunately,
Unit 1112 Is located In the original building where the roof line breaks,
(see enclosed drawings). This being the case, a small addition of
this type can be built completely within the context of the existing
building's design. I do not think this addition would ever be noticed.
Also, all the materials and finishes originally used are still available.
This will allow you to achieve a nearly perfect match between the
existing structure and the proposed addition.
Our firm has on file the original wor,king drawings of the project,
which as we explained can be used to construct this addition,
We would be very happy to assist you with your project. If we can be
of any help to you in gaining approval to do so, please let us know.
Very truly yours,
Copland Hagman Yaw Ltd
, , James J. Copland
Principal
JJC:lm
Joseph Edwards, Attorney/
cc:
EXHIBIT "e"
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J1~~OMNDUJ1
TO. Dan McArthur, Ci ty Engi neer
Ron Stock, City Attorney
FROM. Jo Vrchota, Planning Office
RE. Clarendon Amendment to PUD Plan
DATE. August 8, 1980
The attached material is an application for the amendment of the Clarendon
Condominium P.U.D. plan, approved in January, 1976. This application is
scheduled for review by the Aspen Planning and Zoning Commission on
September 2, 1980; therefore, may have your comments regarding this item
no later than August 21, 1980? Thanks.
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.JOSEPH E. EDWARDS, .JR.
ATTORNEY AT LAW
THE ,JEROME I='ROF'ESsrONAL BUILDING
201 NORTH MILL STREET, SUITE #109
ASPEN, COLORADO 816rt
TELEFHONE (303) 925-7116
August 4, 1980
Karen Smith,
Planning Director
City/County Planning Office
c/o The City of Aspen
130 South Galena St.
Aspen, Colorado 81611
RE: Clarendon Condominium - P.U.D. Amendment
Dear Karen:
I am enclosing a copy of a list of owners of the Clarendon
Condominium. I do not know whether there is any intention
to notify them or otherwise contact them regarding the
hearing as there is no procedure specified in the section
regarding amending P.U.D.'s. However, they all have been
notified and the Board of Directors has unanimously passed
a resolution authorizing the filing of the amendment applica-
tion and as you will see, the president of the association has
co-signed the application for amendment. In addition, if
the proposal is approved, we will be recording the signatures
of at least 51% of the owners modifying the percentage floor
area allocations upon which assessments are based. If you have
any questions, please contact me.
Jr.
JEE/KJK
Enclosure
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CLARENDON CONDOMINIUMS
Robert N. Noyce and Ann S. Bowers
690 Loyola Drive
Los Altos, Calif. 94022
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~ ;~,Schak & Schakowsky Partnership
3418 West Main Street
Skokie, Illinois 62650
Donald E. Kolmer, DDS
302 Farmers Bank Building
Jacksonville, Illinois 62650
James S. and Joy Dubose
P.O. Box 2990
Fort Worth, Texas 76113
Richard F. and Sylvia Kaufman
740 Lake Drive
North Muskegon, MI. 49445
Dean L. and Marilyn Greenberg
Box 129
'Sioux City Cold Storage
Newport, MN. 55055
Bryan Wilson
1938 Coldwater Canyon
Beverly Hills, Calif. 92210
Dr. Lee and Gertrude Gladstone
1212 Lake Shore Drive, 23AS
Chicago, Illinois 60610
Sam Lehrman
Box 10061
Aspen, Colorado 81611
Nathan Landow
4710 Bethesda Avenue
Bethesda, MD. 20014
David and Elizabeth Kruidenier
3409 Southern Hills Dr.
Des Moines, IA. 50321
Earl and Marilyn Latterman
1230 Squirrel Hill Ave.
pittsburgh, PA. 15217
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415/948-6173
925-8416
312/673-2250
, 925-6679
217/245-4516
925-8593
214/647-9200
925-1289
616/744-1769
925-4312
612/698-8857
925-2620
213/478-3506
925-6447
312/787-0791
925-8776
301/657-4600
925-5422
515/288-8411
925-5435
412/682-1315
412/751-4700
925-9483
(home)
(office)
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calvin Lui
Hawaiian Adventure
1833 Kalakaua
Honolulu, HI. 96815
808/941-2413
925-1315
Jaime Sada
P.O. Box 73
Co1onia del Valle
Nuevo Leon, Mexico
James M. Nicklos
3015 Del Monte
Houston, Texas 77019
713/524-9887
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COwd.o1'l;lMtt.-...s ,
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Centennial Partnership No. 1
P. O. Box, Q
Aspen, Colorado 81611
Re: Clarendon Subdivision - Amendment of the
Planned Unit Development Plan
Gentlemen:
Mr. James T. Hagman of the architectural firm of Copland
Finholm Hagman Yaw Ltd. has discussed w,ith the undersigned
certain modifications to the proposed condominium project to
be constructed on Lot 1, Clarendon Subdivision, such changes
being in the nature of a modification to the PUD plan previously
approved by the City of Aspen. These changes include the following:
(1) Shifting the building five feet to the south to
, accommodate earth berms at the northeast and northwest corners
of the building;
(2) Modification of the building excavation plans resulting
in an elevation height increase of three (3) feet;
(3) Relocation of the utility building;
(4) Relocation of the swimming pool;
(5) Elimination of the tennis courts (construction of
the tennis court was optional, the developer has decided to
e!iminate this facility from the project); and
(6) Increase in the unit size by 8 percent, however,
such increase does not modify the overall building coverage on
the site due to a decrease in the size of the patio areaS on
the south side of the building.
The foregoing changes are deemed to be minor in nature and,
pursuant to Section 24-8.26, "Amendment of the PUD Plan", City of
Aspen Zoning Code, the undersigned, as Planning Director for the
City of Aspen, hereby authorizes such changes determining that
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Centennial Partnership No. 1
Page Two
these changes are the result of circumstances not foreseen
at the time the final plat was approved, such unforeseen cir-
cumstances being a change in ownership of the project. Further,
none of the foregoing changes violate the provisions of para-
graphs 1 through 8 of Section 24~g.26 A of the Code.
Very truly yours,
JI~'ugff;duv
Bill Kane
Planning Director
Recorded at........3.:.3!"""^ \.......o'clock....E......M.. ......Ap.r,;i,;h..,J,9,.....l9q.,...."..........................
~ JOory "
Reception NO........n...~..........::...f.!!..... ..,..n.........;r!:':L,~."...!'!.~p.,"".......,......"..............Record"llOOK 310 PAG~,968
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rms DEED, Made this
;z:/t
/"1 - day of April
,1976
STAlE IlIICIIf/Ifltlll fIE
APR 1 9 PAlO
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between
CITY OF ASPEN, a municipal corporation
of the County of Pitkin
Colorado, of the first part, and
BREWER, INC., a Delaware corporation
and state' of
of the County of Pitkin and state of
Colorado, of the second part,
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
TEN DOLLARS and other good and valuable consideration----------------___,.\)OT.T ~RS,
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof
is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents does remise, release, seU, convey and QUIT CLAIM unto the said part y of the second part,
its 2fi&~ succeSSors and assigns, forever, all the right, title, interest, claim and demand which the said
partY of the first part ha s in and to the following described lot or parcel of land situate, lying and
being in the County of Pitkin and State of Colorado, to wit:
Lot 1, Clarendon Subdivision, recorded in Plat Book ~
at page ~,Pitkin County, Colorado, records.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
. successors.
part y of the second part, its :ims ana asstgns -Iorever.
IN WITNESS WHEREOF, The said part y of the first part ha s
and seal the day and year first above written.
CITY ".MPEN
'.n'...~........;......
hereunto set its
hartd
ATTEST:
..................................................................................................
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Kathryn H ter, City Clerk
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Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of Pitkin
} ss.
The foregoing instrument was acknowiedged before me this / <f ~
19 76,by Stacy Standley, III, as Mayor and Kathryn Hauter as
the City of Aspen
My commi~sion expires
~ao
, 197,f. Witness my hand and official seal.'.,
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No. 933. QUIT CLAIM DEED.-Bl,'adfol,'d Publishing Co., 1&2.4.46 Stout Stl'ef.!t, Denver,. Colorado (573-5Q11), -11-75
Recorded at.......,....!.."p.Q....o'eloek......f.....M.. .......,Apx:iL..L9.....J..9""'\........................;;...
Reception No.'..;1~o.03........ ..,........,J.uLie..,Hane....................,..:............Recordeti'}OOK310 P^GE 969
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Tms DEED, Made this 13 .t:f day of ;1 P2/ L.
,1976 '
STATE DOCIMDIiARl EEE
between BREWER, INC., a Delaware corporation
of the ~:d:
i1mlfilli1i~ of the first part, and
corporation
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CITY OF ASPEN, a municipal
APR 19 PAID
....
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of the County of Pi tkin and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration-----------------~
to the said part Y of the first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents does remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part,
its ~~ successors and assigns, forever, all the right, title, interest, claim and demand which the said
party of the first part ha s in and to the following described lot or parcel of land situate, lying and
being in the County of Pitkin and State of Colorado, to wit:
The real property situated westerly of and contiguous
to the northwesterly boundary of Lot 1, Clarendon
Subdivision, recorded in Plat Book S at page I
Pitkin County, Colorado, records.
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TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said party of the first part, either in law or equity, to the only proper use, benefit and behoofot'the, said
sucl'e.ssors .' ,',' d'
party of the second part, its :AW'R.S and assIgns forever. ,:__',',':,~:
IN WITNESS WHEREOF, The said party of the first part ha s hereunto set ,'its han'.i;'"
and seal the day and year first above written. ^'~.;,<>y;:.~i~;i,1.?~Jf:'::<:<",
"ii>"";\-r';~ ~\';;.,S' .:J.t' ;:~;~"':'
BREWER INC., ,", ~~~ .."..;i:'~:.,~"'/.-....."'~'~~..";~t~!h
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...y.:,..onL...~,.....:'u.............,..,....*.....t.'-'~~:"..,:,;~i"L"J~AIl:J
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Signed, Sealed and Delivered in the Presence of
ii,
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.m"'.....f1.~. ....."..,..ti;;;~f,........S;;~.~~t.~~y..........
STATE OF COLORADO.
County of PITKIN
}ss.
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c, ..i~t:~H~~;.~..:.
19 7~~~~~o'.ln~~dr:.?s acknowledged ~e:oril~~t~s ?r!:; .I,,, + day ~n~
.:r~~~t,:~..,:~~le lIer- as AS6ilSTa.;'+ Sc..c"tfart of Brewer, Inc.
.'. :My cQIllA'~Si<>n expires Se.p t;. I l' , 19 7 f. Witness my hand and official seal.
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No. 933. QUIT CLAIM DEED.-Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado (573-5011), -11~75
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"POST O:=fICE BOX 3313 I ASPEN, COLORADO 816 ill (303) 925,1450
." ..~
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IRREVOCABLE CO~ll~ERCIAL LETTER OF CREDIT
TO: City of Aspen
Aspen, Colo. 81611
a.nd
Brewer, Inc.
No. 183
Date: April 16; 1,976
Expiry: April 16 , 1917'
Gentlemen:
We hereby authorize you to draw on THE FIRST NATIONAL BANK IN ASPEN
,* a successor il). interest to Brewer Inc. and, purchaser of Lot 1, Clarendon Sub
for account of Centenial Partnership, No.1, A Limited Part- up to an
I .., nership *
aggregate amount. of $13,471.00 availabl,e by your
drafts at Sight'at the First National Bank in Aspen
of_
for, 100 per cent ~~~ value, to be accompanied by the documents
list.ed below.
1. Written notification by the City of Aspen of Non-Performance by
Centenial partnership No.1, of the requirements of items #1,2,3, of
"Subdivision Agreement for Clarendon Subdivision" dated J,an. 26, 1976
between Brewer Inc., a Delaware Corparation and the City of Aspen, a
Municipal Corporation. Such notification shall conform to the pro-
cedures specified in item #5, "Escrow Arrangement~ of said Subdivision
Agreement.
(.~
"
All drafts drawn under this
bear the clause DRAI'IN UNDER
CREDIT No. 183 dated
Credi t <'Ire 'to be endorsed hereon and shall
FIRST NATION1\L B2.\NK IN l\.SPEN LETTEH. OF
April 16,1976
Unless otherwise expressly stated, <'Ill negotiations under this Letter of
Credit: '\"ill be governed the "Uniform CllStO'::.18 and Practic~ for Commercial
Documentary Credits," 1962 Revision , Int:ernationrrl Chamber of Commerce.
~'ie hereby agree ,.;i th the drawers, endorsers and, bona fide: holders of
drafts under and in accordance \'lith the terms of .this C}~e(h,t tha'cthe
same shall be duly honored on presentution at our office on or before
exp:Lry da'ce.
-'
P res-."
)
i'
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Rec,?t'ded At 3: 25 PM April _~, 1976 Reception no 1830~~J
Julie Hane REcorder
"
I3DOK310 _959
SUBDIVISION AGREEMENT
FOR
CLARENDON SUBDIVISION
THIS AGREEMENT, made and entered into this 2~tk-9ay of
January, 1976, by and between BREWER, INC., a Delaware corpo-
ration (here'inafter referred to as "Subdivider"), and the CITY
OF ASPEN, COLORADO, a municipal corporation (hereinafter referred
to as "City").
WIT N E SSE T H :
WHEREAS, Subdivider has submitted to the City for approval,
execution and recording a Final Subdivision Plat of a tract of
land being situated in the NW~ of Section 18, TIO S, R 85 W
of the 6th P.M. Pitkin County, Colorado and being all of
Lots 26, 27, 28, 29, 30, 31, 41 and part of lots 32 and 40
all in the Ute Addition to the City of Aspen, said real property
is more fully described as follows:
Beginning at a point on the Northeasterly edge of Ute
Avenue and being the Southerly corner of said lot 26 whence
corner no. 1, Aspen Townsite bears S20015'17" E 457.17 feet;
Thence N37047'34" W 359.75 feet along the Southwesterly
edge of said lots 26, 27, 28, 29, 30, 31 and 32 to the Southerly
corner of the Glory Hole Park;
Thence N5P32'OO" E 111.57 feet along the Southeasterly
edge of said park;
Thence S75009'OO" E 64.96 feet;
Thence S33050'OO" E 7.72 feet to the Westerly corner of
said lot 40;
Thence N5P35'OO" E 62.52 feet to a point on the Southerly
edge of said park;
Thence S75009' 00" E 1. 44 feet along the Southerly edge of
said park;
Thence N14051'00" E 0.80 feet along the Southerly edge of
said park;
Thence
Thence
Thence
S75009'OO" E
S14028'OO" W
N75037'00" W
143.76 feet;
10.70 feet;
5.87 feet;
^
.-"
00ilJl310 ~960
Thence S14059'20" W 59.89 feet to a point on the Northeasterly
edge of said lot 41;
Thence S35014'00" E 8.41 feet along said Northeasterly
edge to the Easterly corner of said lot 41;
Thence S39029'00" W 105.32 feet along the Southeasterly
edge of said lot 41 to the Southerly corner of said lot 41,
being also a point on the Northeasterly edge of said lot 28;
Thence S36023'00" E 117.36 feet along the Northeasterly
,edge of said lots 28, 27 and 26 to the easterly corner of said
lot 26;
Thence S52002'00" W 135.97 feet along the Southeasterly
edge of said lot 26, to the point of beginning containing 1.611
acres, more or less, which tract is shown and designated on
said Plat as Lot 1, and Parcels 1, 2 and 3, Clarendon Subdivision;
and
WHEREAS, the subject property is located within an
area of the City presently zoned R-6 Residential, Mandatory
Planned Unit Development; and
WHEREAS, the City has fully considered said subdivision
plat, the proposed development and improvement of Lot 1 thereon,
and the requirements to be imposed upon the subject property
by reason of the subdividing thereof and the proposed develop-
ment and improvement of Lot 1; and
WHEREAS, the City is willing to approve, execute and accept
said subdivision plat for recording 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, under the authority of Section 20-16(c} of the
Municipal Code of the City of Aspen, Colorado, the City is
entitled to assurances that the matters hereinafter agreed to
will be faithfully performed by Subdivider; and
WHEREAS, Subdivider is willing to enter into such agreement
with, and to provide such assurances to, the City.
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, and the approval, execution
-2-
,.-...
--
001I(310 ~ 881.
and acceptance of the Final Subdivision Plat of Clarendon Sub-
division by the City for recording, the parties hereby agree
as follows:
1. Landscaping. Subdivider shall landscape Lot I, Clarendon
Subdivision, in accordance with the landscaping plan as shown
on sheet 2 of the Final Subdivision and Development Plan. The
agreed estimated cost of such landscaping for said Subdivision
is $3,651.00.
2. Fire Hydrant. Subdivider shall install the fire hydrant
s~tuated in the northeasterly corner of said Lot 1 and as shown
on sheet 1 of the Final Subdivision Plat. The agreed estimated
cost of installing the fire hydrandt and necessary connecting
pipes is $1,500.00.
3. Drainage. Subdivider shall construct the drywells, grit
chamber and oil skimmer as shown on sheet 2 of the Final Subdivision
Plat. The agreed estimated cost of the foregoing improvements
is $8,320.00.
4. Certificate of Occupancy; Warrants. The improvements
required of Subdivider by paragraphs I, 2 and 3, above, shall be
completed prior to the issuance of a Certificate of Occupancy for,
the project to be constructed on said Lot 1. Subdivider hereby
agrees to warrant the improvements covered by paragraph 2 for a
period of one full year and the landscaping covered by paragraph
1 for a period of two full years after acceptance of the same by
the City.
5. Escrow Arrangement. It is estimated that the aggregate
cost of constructing and installing all of the improvements
hereinabove described will not exceed $13,471.00. In order
to secure the performance of the construction and installation of
said improvements herein agreed to by the Subdivider and the
-3-
,,,,,",
,,-.,
800K310 fACS: 962
City, Subdivider shall upon the execution of this Agreement,
either deposit with the City the funds or furnish the City with
an irrevocable sight draft or letter of commitment from a
financially responsible lender in the amount of the afore-
said estimated costs for construction and installation of the
improvements herein described. Subdivider shall have
the right at its election to substitute the security for
its performance hereunder, i.e., replace any funds deposited
with an irrevocable sight draft or letter of commitment and
vice versa. In the event, however, that any portion of the
work and improvements have not been installed according to
the conditions contained herein, then and in that event,
the City shall have the unconditional right to withdraw
funds upon demand to partially or fully complete and/or pay
for the work to be done by any party. From time to time
as work to be performed and improvements to be constructed
hereunder progresses, Subdivider may request the City Engineer
to inspect such work, and improvements as are completed and
may submit to the City the cost of such completed work and im-
provements. As portions of the i~mprovements are completed, the
City Engineer shall inspect them, and upon approval and acceptance,
he shall authorize the release of the agreed estimated cost for
that portion of the improvements, except that ten (10%) percent
of the estimated cost shall be withheld until all proposed improve-
ments are completed and approved by the City Engineer.
By reason of the above created escrow arrangement, Subdivider
is in no way relieved of any obligations to make the improvements
above provided for, nor is the City obligated to assume the
responsibility for these improvements by acceptance of this
escrow arrangement.
6. Engineering and Inspection of Improvements. Subdivider
shall prepare and be responsible for the preparation of engineer-
-4-
~
~.
800/(310 /'ACf963
ing plans, specifications, and construction drawings for all
improvements included in paragraphs 2 and 3, above. These plans and
specifications shall be submitted to the City Engineer and
shall be approved prior to the commencement of any construction
by the Subdivider. Subdivider shall also be responsible for
providing all necessary engineering and/or surveying services
in conjunction with the construction of said improvements. The
City Engineering Department shall be notified prior to the commence-
ment of construction so that the work may be inspected during
construction.
7. Obligation to Conform to Laws. Notwithstanding anything
contained herein to the contrary, Subdivider, in developing the
property contained with the Plat, and the other improvements
as herein described, shall fully comply with all applicable
rules, regulations, standards and laws of the City and other
governmental agencies and bodies having jurisdiction.
8. Future Subdivision Improvements. City acknowledges
that the general area within which the Subdivision lies was
platted and partially developed prior to the adoption of the
present design requirements and does not wholly conform to such
design requirements. In lieu of requiring Subdivider to install
subdivision improvements at the time of construction of the
project, the City, as a condition to approving the subdivision plat,
hereby requires the Subdivider, for itself, its successors in
interest and assigns, to make certain covenants and agreements
which will provide for such subdivision improvements to be con-
structed and paid for in the future. Therefore, Subdivider hereby
covenants and agrees to and with the City, as follows:
(a) That it will affirmatively consent to and join
in the formation of any special improvement district, encompassing
all or any part of the Subdivision, that may hereafter be pro-
posed or, formed for the construction of any improvements re-
-5-
--.
-
800/(310 1'M:(984
quired by the City's subdivision ordinance as now or herein-
after in force and effect. Subdivider hereby waives and further
covenants and agrees to waive any right of protest against the
formation of any such district.
(b) That in the event that the City, at any time or
from time to time, shall construct or install any improvements
required by the City's subdivision ordinance, as now or hereafter
in force and effect, which improvements service or improve a
general area including the lands within the Subdivision, Sub-
divider shall, upon demand, payor reimburse the City for that
portion of the actual cost of such improvements which is pro-
.
perly allocable to the Subdivision, provided, however, that the
City shall be entitled to such payment or reimbursement only if
such improvements are constructed or installed in the general
area to at least include Ute Avenue or portions or all of West
End Street as the same abut, said Lot 1. Subject to the minimum
general area requirements set forth above, the City shall have the
right to construct or install such improvements in phases or incre-
ments, e.g., curbs and gutters in one year and sidewalks in a
subsequent year, and Subdivider shall payor reimburse the City
for each successive phase or increment. In no event shall the
Subdivider's obligation hereunder exceed its properly allocable
share of the total cost of such improvements as determined by the
customary competition charges and rates for such construction
then prevailing in Aspen and its environs.
9. West End Street Dedication Reservation. Subdivider
for itself, its successors in interest and assigns, hereby re-
serves Parcels I and 2 as shown on the Clarendon Subdivision
Final Plat for future dedication to the Public for Public
right-of-way purposes, such dedication to occur at such time
-6-
,1"'"'\
,,-,
60011310 Pl\GE965
as a forty (40) foot wide right-of-way is deemed necessary
by the City for the extension of West End Street. Subdivider
hereby covenants and agrees that said Parcels 1 and 2 shall re-
main free and clear of all liens and encumbrances during the
period of this reservation. Subdivider further covenants and agrees
to join in any conveyance or, if necessary, quiet title action to
cure any defect in title, should the City request same. In the
event the City does not acquire said forty (40) foot wide right-
of-way within the period of twenty (20) years from the date of
subdivision approval, the reservation contained herein shall
terminate and be of no further effect.
10. Dedication Payments. Subdivider and City mutually
agree that the sum of $14,990.63 represents an amount equal to
the current market value of the undeveloped land required for
dedication by Section 20-18(a) (1) for Lot 1, Clarendon Subdi-
vision, and that such amount shall be paid by Subdivider to City
upon recordation of the Clarendon Subdivision Final Plat. Sub-
divider and City further agree that the aforesaid sum constitutes
the sole and only cash (or land in lieu thereof) dedication
which will be required in connection with the subdividing and
condominiumizing of Lot 1, Clarendon Subdivision.
11. Conveyances to City. Subdivider hereby agrees to con-
vey to City by quit claim deed all of its right, title and interest
in the real property located westerly of and contiguous to the north-
westerly boundary of Lot 1 (shown as the "Compromise Line" on
sheet 1 of the Final Subdivision Plat) and the City agrees to convey
to Subdivider all of its right, title and interest in said Lot 1.
-7-
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.
800/(310 PAGE 966
12. Covenants to Run. The covenants and agreements of the
Subdivider herein shall be deemed covenants that run with the land,
shall burden the land included within the Subdivision, and shall
bind and be specifically enforceable against all present and
subsequent owners thereof, including Subdivider, its successors
in interest and assigns.
13. Acceptance of Plat. upon execution of this Agreement
by all parties hereto, City agrees to approve and execute the
Final Plat of the Clarendon Subdivision and accept the same
for recording in the real property records of Pitkin County,
Colorado, upon payment of recording fees and costs by Subdivider.
,~~~*P AGREEMENT shall be binding upon the parties hereto
/,\:,:,.~,,:<,-:::,';.',>,F::~.:";',
al'l.d't1i~Li',:/t~spective successors in interest and assigns.
. ;~,lllllal/!Iflil ,', ::c.;",
,,:;:'\':~:~{~\:1,~ ~~i~;~~., ,</,:,~~.8il~n;*VIDER :
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1}<,:,~I:.il.lli)"'\"'CITY :
BREWER, INC.,
a Delaware corporation
c# (~fl
(/Ice -
By
President
CITY OF ASPEN,
a municipal corporation
By ~ - -<{;/}-~, ~ 7
---- - 7 :ifi: _ j Mayor
/l~",
City Clerk L/
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80llk310 PA&E967
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me this
J:!!day
of April, 1976, by
~. /1. k/'/a /
as Vice
President of Brewer, Inc.
C"W:i.tness my hand and official seal.
."j";i,,',
..,.,.:rc'gY~~8,inmiSsiOn expires: x!~. J 7/ /97 J'
i)"T/:\'~'\:":~t.. ~ 11.~
~I'j\l'".., yJ__~
j;~; Notary pu'blic
o'j:; fe" ,(:,':"';<~
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STA~E.0F ,COLORADO
COUNTY OF PITKIN
)
)ss.
)
The foregoing was acknowledged before me this .~~d4Y
, "'-,
.,HIlIHii.ill
of April, 1976, by STACY STANDLEY III, Mayor, and KA7~\~~..~!?d3!.~'
,.," ,.,"..}~.......\ .. ", ';"""', -~....
Ci ty Clerk of the City of Aspen./ Co,::' t:::.,- (,.? '...<;'c,~~
'" ,--.i: ~'r: I .....l ~"",.S
Witness my hand and official seal. 't::( S ; it) F~~
. ~::.c::. \, rl r,,:--"J/ :;?
My commission expues: /:2 -y -?f"iii,;"~)a'::.,,>:.;~:v..:-'
,'~: /11"..,,\,<,\_ S '\ (~>'~
~~~~.7?p' bl~".'
Not....,.y u l.c./ ,,' ,
-9-
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MEMO
TO:
FROM:
("',
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HAL CLARK
PLANNING DEPT.
DAVE ELLIS
CITY ENGINEER
~~
DATE: Sept. 22, 1975
RE: CLARENDON SUBDIVISION - FINAL PLAT AND SUBDIVISION
, AGREEMENT.
After review of the final plat and supplemental material
submitted Sept. 16 there are too many items which are
incorrect or missing to permit anything other than a
conditional approval at this time. Among the more sub-
stantial deficiencies are the following:
1) There was to be no three year limit in the reser-
vation of right-of -way along Ute Avenue. Under
these conditions it would be best to have free and
clear dedication at this time.
2) The description of the right-of-way reservation for
West End Street does not coincide with that previously
reserved by the Gant.
3) The meandering sidewalk easement around the large
spruce trees is not shown.
4) There is reference in the dedication to the bikeway
easement and it likewise is not shown.
5) The adjoining lots ,and blocks are not shown nor are
the replatted lots in Ute Addition shown.
6) There is no field evidence that the property corners
have been set as indicated on the plat,
7) The utility, drainage and irrigation easement should
be a full 20' wide instead of 10',
8) There are changes required in the right~of~way re-
servation language and with dedication of the 10'
strip along Ute Avenue a certificate of title will
be necessary.
9) The Fire Marshall is out of town at this time, but
there were to be some items for fire protection.
10) The trail adjacent to the Little Nell Condominiums
should be lowered so that an open i'ri:igatiDIl" dJl'tch
can be utilized.
11) The landscaping plan is not specific and shows only
a 1.5' planting screen between the parking area and
trail easement. The separate elevations and sections
of the project submitted show large landscape features
and do not cDrtelate with the site plan.
12) Only 22 of the 25 parking spaces shown can meet the
current standards. The other three might be accepted
as compact car spaces.
IE
'-
1""\
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.
Clarendon Subd.
Page 2
13) There are no storm runoff calculations to
substantiate the retention system.
In regards to the subdiVision agreement there are the
following comments and recommendations:
1) Without more specifics it is difficult to estimate
the escrow requirement, but it appears low.
2) There should be the normal commitments to join any
improvement districts or reimburse the city for the
improvements.
3) A procedure should be established for dedicating
the reserved right-of-way and guaranteeing that it
will be free and clear of all liens at the time the
City claims it.
4) Construction should be coordinated with the City
plans for extension of the ir~igation and storm
drainage system to Glory Hole Park.
5) The Parks and Recreation Department shall have
the right of first refusal on any existing trees,
shrubs, or foliage to be removed from the project
site.
P.S. Item # 9 first page: Fire Marshall states there
should be an additional fire hydrant on the site.
cc: Council Members
Sandy S;tuller
-""'" ,---
REAL ESJf'E AFFILIATES INCORPORAT" >
1660 Lincoln Street, Suite 2520
Denver, Colorado 80203
TO:
City of Aspen Planning Department
FROM:
Real Estate Affiliates
SUBJECT:
Clarendon Subdivision
Land Dedication
18 September 1975
DATE:
In order to resolve the cash paymmtjland area dedication required by
Ordinance #22 Section 20-18 prior to the City Council hearing on
Monday, 22 September 1975, the following is proposed:
The land area required for dedication is 5,260 square feet.
9-2 ~ X 2.7 = 24.3
6-3 Bedroom X 4.0 = 24.0
48.3
48.3 X .0025 X 43560 = 5259.87 square feet
The Clarendon project has been approved thus far for 15 units. In the
R-6 zone each unit requires 4500 square feet or a total area of
67,500 square feet is necessary for compliance. The Clarendon property
encxxrpasses 70,175 square feet leaving an excess of land area of 2,675
square feet.
It is proposed that a c:anbination of land and cash be given the city to
satisfy the requirements of the law. The land portion would be in two
parcels - one along the northerly boundary consisting of 1,479 square
feet which is the proposed trail easement not shown on the Aspen Trail
System Plan and the second parcel along the northwesterly boundary adja-
cent to the Glory Hole Park consisting of 1,196 square feet.
There remains 2,585 square feet of required dedication that would be a
cash payment. We propose a value of $2.25 per square foot be placed on
this anount of land giving a total value of $5,816.25.
It is pointed out that of the original Clarendon site (70,872 square
feet) 10,023 square feet has been either quitclaimed to the city or
reserved or dedicated to the city for use as streets, pedestrian trail,
bicycle trail, sidewalk, or stom drain easements. This is slightly
greater than 14% of the whOle, none of which may be used as open space
dedication.
Real Estate Affiliates
by JOM G. Keleher
;;-.,
~.
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
c
RE:
Clarendon Subdivision - Final Subdivision Plat Final Develop-
ment Plan
DATE: September 18, 1975
This is a request by Brewer Townhouses, Inc. representing the Clarendon
Subdivision for Final Subdivision Plat and Final Development Plan
approval. The project consists of 15 units ( 9-two bedroom units and
6-three bedroom units) located on 1.627 acres of land zoned R-6, Mandatory
P.U.D. On September 16, 1975, the Planning and Zoning Commission
granted Final Development Plan approval for the project, having
previously granted Preliminary Plat approval.
The comments of the Planning Office are as follows:
1. The applicant did not submit the Final Plat to
the Engineering Office the proper 14 days in
advance and as such Dave Ellis has not had
suffici.ent time to prepare his final comments
on the plat. Dave wi 11 be prepared at the Council
meeting to make his final plat comments. We
could have legitimately postponed this consider-
ation until your October 14, 1975 meeting, but
feel that due to minimal problems with this
existing application and our long envolvement
with Clarendon we should schedule the final
review for September 22, 1975. A decision on
this plat should include the considerations of
the Ci ty Eng i neer.
1""""
,~
MEMO
city Council
Clarendon Subdivision
September 18, 1975
Page Two
2. The applicants appear to have resolved many of
the concerns of the Little Nell Condominium
owners by careful design of the boundary area
towards Little Nell including extensive land-
scaping, and a retaining structure. Also, by
the low silhouette design of the: project itself.
3. It was discovered at Preliminary, Plat, when first
detailed engineering analysis is'done, that the
applicants did not have enough land area for
their request of 16 units, only enough for
15.75 units (rounding up is not allowed by the
zone code). The applicants are applying to
the Board of Adjustment for permission for the
additional unit. '
4. The Final Plat reserves land for,an extension
of West End Street to Ute Avenue; a bikeway-
sidewalk which loops around existing large
spruce trees on the south; a tral1 easement on
the north connecting West End with Ute Avenue;
and various drainage and engineering concerns.
5. It was the feeling of the Planning Office and
the Engineering Office that acce~s to the pro-
ject should occur at right angle 'to West End
as shown on the Final Plat. A question exists
as to ownership of a narrow stre~ch of land
between Clarendon and West End S~reet. The
City Attorney will comment upon this issue at the
Council meeting.
6. We recommend that a cash dedi catiion be recovered
in lieu of open space dedication.: The street
dedications and trail dedication ion the south side
are shown on approved street and trail plan maps
and as such do not qualify as open space dedications
by code. The trail dedication on the north to
Glory Hole is an easement, not fee simple deed, and
also does not qualify. Our computations show a
land area to be dedication of 5,2pO square feet.
The applicant should agree to pro~ide the cash
equivalent of this land area as prescribed by an
appraisal agreeable to the City Council.
r'\
.,,-,
MEMO
City Counci 1
Clarendon Subdivision
September 18, 1975
Page Three
Upon satisfaction of the aforementioned considerations, the Planning
Office recommends approval of the Clarendon Subdivision Final Sub-
division Plat and Final Development Plan;
!'
,'-"
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Coliorado 81611
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Staff (HC)
RE: Brewer Inc. - Clarendon Public Hearing on Final
Development Plan
DATE: September 11, 1975
This is a public hearing on the Final Development Plan for the
Brewer, Inc. Townhouses project consisting of 15 units on 1.627
acres of land zoned R-6Mandatory' PUD. On September 2, 1975 the
project received preliminary plat approval from the Planning
Commission conditioned upon carefUl design of the area adjacent
to the Little Nell Condominiums. ',As of this date,the applicant
has not presented any revisions to the project design for this
abutting area.
The Planning Office wishes to review the project design for the
area ildjacent to the Little Nen before recommending Final
Deve 1 opment Pl an approval. Our other ear] ier comments have been
satisfactorily resolved. The City Engineer will have technical
revisions for the Final Plat.
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Regular Meeting
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RECOIRD OF PROCEEDINGS
100 Leaves
Plann~ng & Zoning Commission
September 2, 1975
Meeting was called to order bY,Chairrnan Jenkins at 6:05 p.m, (after an on-site
inspection of the Callahan Subqivision) with members Danny Abbott, Roger Hunt,
Brian Goodheim, Mike Otte, Pat~ick Dobie and Chick Collins. Also present
were Hal Clark and Bill Kane o~ the Planning Office.
Approval of Minutes Hunt moved :to approve the minutes from August 19th with
Otte secon4ing. All in favor, motion carried.
New Business:
Change in Agenda
Wedum-Hyman -Public
Hearing
Motion
Preliminary Plat-
Public hearing
Clarendon (Brewer,
Inc)
Motion
Jenkins noted that because of the time already taken up by
the on-site! inspe,ction, they would drop down to the \'i'edum-
Hyman (scheduled for final outline development plan). Clark
noted that !Randy Wedum was scheduled but not here and had
not presen~ed the planning office with a scale model.
Hunt moved to table the public hearing until the next
meeting fo~ the Wedum-Hyman pun. Otte seconded. All in
favor, moti!on carried. '
Clark note~ that originally, sixteen townhouses were
presumed to be the number allowed but the Engineering Dept
discovered:that,there was only 1.627 acres and the Zoning
Code says ~hat the calculations are rounded down. Rick
Ferrell, f~om Real Estate Affiliates (representing Brewer),
noted that ,Council was in favor of the project conditional
upon Glory 'Hole View Corridor review, trail easements and
the right :!jor the City to put ina road. He said that
they had a~ked for access thru the west end side to reduce
access ove~ Ute Avenue. He asked that the P & Z resolve
the problem over the allowed density since his people had
always been told they were allowed 16 units and had planned
around that figure. Kane .noted that the actual figuring
of density !doesn't get done officially until after conceptual
ODP when Engineering begins to look into them. Ferrell said
he and Dav~ Ellis had worked out technical things that
had to be done still but the main problem was with access
since they ,have a small strip of land three feet wide that
has questionable title. 'He propos'ed coming off Ivest End
to the project and Ellis felt it was more desirable to come
off directly since that area isn't maIled or vacated. He
said that with control over the curb cuts, it wouldn't be
an unworkaJ:)le solution. Ferrell noted that the City Attorney
had been asked if the City would join them in quiet title
search butishe had been against it.
Jenkins opEtned the public hearing. O'.mers from the Little
Nell Condo~iniums were present to ask questions. Steve
Horan, Mamj,ger of the L:j.t'tle Nell, asked about the parking
situation and why they didn't have access off \'lest End insteCl
of Ute Avenue. Jenkins noted it was because, of easier
access and,l-lest End was not as congested. Kane said that
with any aqditional traffic load, the City would have to
make a massive improvement of the road. Also objecting were
Denni!> Astryier, Don I1cGovern and Nancy Bosinger. Objection
mainly because of Gant people using their parking lot and,
didn't want to have parking lot in front of their units.
Jenkins closed the public hear:i,ng.
Hunt moved ,to give approval to Brewer Inc. Clarendon Town-
houses with density of 15 units, conditional upon satisfactio
of the technical plat deficiencies(dedication description);
boundary with Glory Hole; dedications of 10 feet strip on
Ute, West Bnd extension, West I:nd N.E. corner; North boundary
20 feet easement (10' trail, 20' storm drainage), '10' no
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,~P & Z 9-2-75
no surface improvements, 10' surface improvements permitted;
access to li'est End area; parking 1 per bedroom equals 27 "
plat shows 25 (PUD allows), parking should be checked again;
storm drainage agreed to (on-site retention, etc.) and
Brewer, Inc~ is to work with Little Nell management to help
create a landscaping plan to cover their concerns. Collins
seconded. Collins asked if they should specify which unit
they wanted to drop and Ferrell said he would have to consult
with the architects. All in favor, motion carried.
Callahan
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Jenkins said he would like to continue the public hearing
for this project and perhaps schedule a special meeting.
Kane noted that applicants had been cooperative but Planning
Office had reservations about any development. Pat Maddalon(
said that they were under pressure from the County about
some trail easements and could they schedule for sooner than
next week? Members decided to continue the meeting until
thursday (Sept 4) at 5:00 p.m.,
Motion
Hunt moved to continue Callahan until September 4 at 5:00
p.m. Otte seconded. All in favor, motion carried.
Hunt moved to adjourn with Goodheim seconding. All in favor,
meeting adjourned at 7:30 p.m.
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Susan B. Smith, Deputy City Clerk
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ASPEN/PITKIN PLANNING OEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Staff (HC)
RE: Brewer, Inc. .Townhouses (Clarendon) - Preliminary Plat
DATE: August 28, 1~75
Thi s is a request by Brewer, Inc. Townhouses for Pre limi nary Pl at
approval for sixteen (16) units located on 1.627 acres of land
zoned R-6 Mandatory PUP. Final Development Plan (PUD) is scheduled
for the September 16, ~975, Planning and Zoning meeting. On August 25,
1975, the City Council granted Conceptual approval and Outline
Deve 1 opment Pl an approv,al with the following conditi ons :
1. Compliance must be obtained with requirements
of Glory Hol e vi ew plane corri dor.
2. A trail easement be obtained on the south side
of the prbperty agreeabl e to the City and County
Engineers and Planning Office. The construction
of said trail must preserve as far as practi ca 1
all large, tre~son south side of property and
coordinate with plans for future sidewalk con-
struction.
3. The City of Aspen be granted sufficient land on
the east si de of the property for poss i b 1 e future
extension of West End Street. Such land may be
landscaped by the appl i cants or future owners
until use;for street purposes is necessary.
4. The model of the project as shown to the Planning
Staff rePr'esents a low visual profile with a
maximum height of 16 feet, the model will be on
exhibit at the Planning and Zoning meeting. It
just be determined whether the linear design of
the sixteen units should be divided by open space
between the units, ie., two 8 unit buildings.
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MEMORANDUM
Brewer, Inc. Townhouses
August' 28, 1975
Page Two
5. Access, as shown on the plat, should be from
West End Street, and not in confl iet with access
to the Gant.
6. Representatives of the Little Nell Apartments
immediately to. the north of the project will
attend the Planning and Zoning Commission meeting
to offer their recommendations on the project.
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LEGAL NOTICE
Notice is hereby given that the Aspen Planning and Zoning
Commission shall hold a public hearing on September 16, 1975,
5:00 P.M., City Council Chambers, to consider the final
development plan for Brewer, Inc. - Clarendon, more particu-
larly described as: Lots 26, 27, 28, 29, 30, 31; 32, 41 and
portions of lot 40 all in the Ute Addition to the City of
Aspen, Pitkin County, Colorado. .
Plans are on file with the City/County Planner, City Hall~
130 S. Galena.
/s/ Kathryn S. Hauter
City Clerk
Published in the Aspen Times August 28, 1975.
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Regular Meeting
Aspen City
August 25. 1975
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Mayor Standley 'asked the building inspection ift!lc'Cou..ncil did not pass Ordinance #66
...tnd 'allowed the popcorll t-J,:tgon to D0,I)J.:.tccdat tIll; ~;in'c:la.irstation site, the Council
was ovcrridi.ngtlnothcr City ordin':'lnce 'orDdopted cOde,()r is this D d(:finitional
. problem.' Mcyring ~i).id under the building code ,this\va.s a structurca.nd they" fell
within the realms of the building code. Mayqr, Standley said if it Were a definitional
problem, why pass an ordinance. Councilwoman Pedersen saidshe would prefer to wait
.~.until . the Council had the advice of the Ci ty Attorney,be,fore taking' any action.
lo1ayor Standley said he could: see no way to adopt Ordinan'ce #66; the ramification of that
ordinance are brutal. Mayor Standley,said the issue was not the protection of the
Johnson's, business, but the 'aesthetic elements, oithe Popcor.n'Wagon. Councilwoman
Johnston said she felt the Popcorn Wagon wa,san ;Aspenlns'ti-tution, but the location
of the wagon was Carn Johnson's decision. M~yorStandley pointed out. that the Popcorn
Wagon doe~ need -storage, preparation and' 14l.vatory fa,cilitics. These would not be
available in' a park, orin the alley next to Wagner Par.ie Councilman Pa,rry said the.
location did not have .anything to ~o .wit;h ,this, but whe.ther the"Council Could allow
the _ Popcorn wagon. .
Councilman 'Wishart said:since it was the copsensus of Council that they wanted: the
Popcorn \""agon in town, Council should direct the administration to work out, away to
have .i t done.
J.1ayorStandley said the Popcorn Nagon at this point can't legally exist in Aspen. It
was on the market at a very, very high price. Mayor Standley agreed to prese~ving the
Popcorn Wagon and making it exist in Aspen. Mayor Standley said if the Council'did this,
earn 'Johnson would have to, agree to take this enabling legislation and convert i-tinto
windfall profit. This would leave the City 'at the hands of anew operator who mayor
may not have the same interest in Aspen. Mayor Standley said he felt CamJohnsoh should
agree that (1) the City has the first: right of refusal in the event she wants. to sell \!
it and- _(2) that there bea,means <'-f.,determini!1g market 'value that,i-s:.agreed.upon.. ,I
Councilman Wishart moved to direct the. administration to work out a way to have the Ii
Popcorn Wagon in town and added the two above conditions; seconded by' Councilman Behrendt.l:
CamJohnson had submitted a memorandum of the Popcorn Nagon'shistory to Council.
told Council that when she moved the Popcorn,:Wagoninto ,fire ~one 2, she was never
Eadeaware of any ,problems in this fire zone. Johnson also said the business of the
toilets was initially a state problem# not a city problem. Johnson told Council the
Popcorn Wagon must make a decision immediately; if Johnson cannot find a place tornove
it# She will have to take it out of Aspen~ In answer to the windfall profits, the
Popcorn Wagon is a real antique which could not be bought for. $15,000.
Johnson:
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Councilman Behrendt said because of the Popcorn ~lagon's, unique status and an historical
object, what if the Council defines the Popcorn Wagon as neither a building or a
vehicle. Wouldn't this remove it from the code. Councilwoman Pedersen P9~nted out the
popcorn Wagon was nota wagon; it is a small, self-contained restaurant that is
serving cooked food. The restaurant classification adds the burden of complying with
...~state statutes on sanitation, toilet facilities, etc.
'~he motion was re-stated,the Cbuncil approves the location pending'the City Attorney's
acceptance of Council's rationale, or in the event that the Council's rationale isn't
valid, that Ordinance #66 be modified in such a way to become discriminatory and .:1
specific, i.e. just historical \ViII not,make it because ,a lot 0f things can be histori.cal.,~
Maybe that Ordinance could be modified sO,that the HPCdoes in fact have the same power
they do now. The City would have first right of 'refusa~ and a means ~f ~etermining
fair market value. .
.Mayor Standley asked Carn Johnson if she would agree to this approach for the Popcorn
Wagon.' Johnson questioned the means of de terming fair market value. Mayor Standley
explained that the Council would not set the. fair rnarkct value7 but the city and Johnson
woil'ld agree on artleans to determine that v,alue, ,such: as, comparative sales of other
popco~n wagons,replacement costs, or capitalization of reVenUe. Mayor Standley said
the City was mainly interested in seeing that the Popcorn Wagon is 90in9 to be the same
Popcorn W~gon that the Council envisions it now. Perhaps in the future-the ,City would
want to hav,e the Popcorn tvagon being a permanent part of the mall scene.
All in f,avor of the motion with the exception of Councilwoman Pedersen/,:;inoti~n c'arrie.d.
~EN~ Outline Development plan 'and Conceptual Subdivision Review
Mayor Standley opened 'the public hearing on the outline development plan. H~l ClarkI
_planning officel presented a plat- to Council. Clark told Council that Brewer Inc. was
'an application for conceptual subdivision rc~iew and outline development plan for sixteen
units located on 1.6 acres which is zonedR-6, mandatory PUD. This site is located
to the southeast of Glory Hole park and tothe"westof the Gant. The project is
located i.n the view,plane corridor of Glory Hole park. On July 15th, the P & Z granted
conceptual approv.:il and outlhie development ap-provell wi:th conditions. (I) This project
will have to be processed throu(]h the Glory lIoleview plane regulations of thp zoning
code (2)a tra,il e,ascmcnt must- be obtained on the south side of the property' .agreeable
to the city and county ('nginccrs .Jnd city/county ,plllnningoffi9c. Clark said there .
hadb~en some p:coblcllln. WI. th this uecausethcre wc~c so many lar8c ..tr<~cs in the area
....'dntcd for. atr.:lil;along ute avenue. "The ditchwlthwatcr along this arcil will be
'maintained. Bill Kane, City/County l1lanncr.:, ,told Council thcrewus no prOVision for a
sidewalk in the _plat1,,~ Ric l"errcd:, og Brewer; Inc., showed Council where the trail would
be ,and said hcllad agreed to do t:h€! const,r',4c:tion of the, trailthrough'the trees. , A
~tand'nrd si.dcw8'lkwouldcut, down ~the t+ees:on the edge ,of the ',propcrt,y. , Mayor St,indlei
.said he s-aw no problem with the ,trail, as lcmg .as where ,it enters the nt:reet is Jnilrkcd.'
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LEGAL NOTICE
'Notice is hereby given that the Aspen Planning and Zoning Commission
shall hold a public hearing on September 2, 1975, 5:00 P.M., City
Council Chambers, to discuss the preliminary plat for Brewer, Inc. -
Clarendon, more particularly described as Lots 26, 27, 28, 29, 30, 31,
32 and 41 and portions of Lot 40 all in Ute Addition to the cnty of
Aspen, Pitkin County, Colorado.
Plans are on file in the Office of,the City/County 'Planner.
/s/ Kathryn S. Hauter
City Clerk
Published in the Aspen ,Times August 21,' 1975.
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ASPEN/PITkIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO:
FROM:
RE:
Aspen City Council
Planning Staff (HC)
Brewer Incorporated Townhouses (Clarendon) Conceptual
Subdivision and Outline Development Plan.
DATE:
August 20, 1975
This is a reqest by Brewer Inc. Townhouses for conceputal subdivision
review and outline development plan approval for sixteen (16) units
located on 1.627 acres of 1 and zoned R-6 Mandatory PUG. The project
is ,located in the viewplane corridor for Glory Hole Park. On July 15,
1975, the Planning & Zoning Commission granted conceptual approval and
outl ine deVelopment plan approval with conditions which are herein
incorporated.
The recommendati on of the Planning Offi ce is for approval of conceptua 1
subdivision and the outline development plan with the following stipulations:
L Compliance approval must be obtained with requirements of
Glory Hole View Plane c:orridor.
2. A trail easement obtained on the south side of the property
agreeable to the City and County Engineers and City/County
Planning Office.
3. The City of Aspen be granted land on east side of property
for possible future extension of West End Street, such land
may be, landscaped by the applicants until use for street
purposes is necessary.
4. l1hile there are no floor area ratio's required for R-6 zones,
it is the opinion of the Planning Office that the 12 town~
house units clustered in a linear fashion presents a monolithic
form and obstruction of vie.ws from Ute Avenue, north. A
visual break shOUld be created towards the middle of the
12 unit multi-family building.
5. Access, as shown, should be from West End Avenue and not
in conflict with access to the Gant project.
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SURDIVISION PLAN CHECK FORM
Mail ing Date:
Auqust 14, 1975
Subdivision:
Brewer Incorporated Townhouses
Preliminary Plat
P & Z Hearing:
To:
Electric Dept.
According to the procedure set forth in the City of Aspen Subdivision
Regulations, the enclosed plat constitutes a subdivision and must be
processed in accordance with said Regulation.
This form with attached copy of the plat is provided so that each
util ity company and publ ic agency may inspect th8 plat and the
site, making comments, concerning the placement of easements, etc.,
and where necessary sketching recommended, alterations on a copy of the plat.
This form and the accompanying copy of the plat must be returned to
the City of Aspen Planning and Zoning Commission no later than Sept. 29
No response will be interpreted as approval without comments.
REMARKS: Sketched on sheet 2 are the existmng and proposed power lines
.in the immediate area. Holy Cross Electric Association Inc., requests
~:,fl
a twenty (20) foot wide easement for the proposed power line. Brewer
Incorporated has not contacted Holy Cross Electric Ass'n for an estimate
or contract.
Signature of Agency
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SUBDIVISION PLAN CHECK FORM
Ma i ling Date:
August 14, 1975
Subdivision:
Brewer Incorporated Townhouses
Preliminary Plat'
P & Z Hearing:
To:
Aspen School Dist.
According to the procedure set forth in the City of Aspen Subdivision
Regulations, the enclosed plat constitutes a subdivision and must be
processed in accordance with said Regulation.
This form with attached copy of the 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.
This form and the accompanying copy of ,the plat must be returned to
the City of Aspen Planning and Zoning Commission no later than Sept. 29, 1975 .
No response will be interpreted as approval without comments.
REMARKS: ~ ~ ~ ~/ ~
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Signature of Agency
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SUBDIVISION PLAN CHECK FORM
Mail i ng Date:
August 14, 1975
Subdivision:
Brewer Incorporated Townhouses
Preliminary Plat
P & Z Hearing:
To:
Metro Sanitation
According to
Regulations,
processed in
the procedure set forth in the City of Aspen Subdivision
the enclosed plat constitutes a subdivision and must be
accordance with said Regulation.
This form with attached copy of the 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.
This form and the accompanying copy of the plat must be returned to
the City of Aspen Planning and Zoning Commission no later than Sept. 29
No response will be interpreted as approval without comments.
REMARKS: I ~ .5 e I/Z---e r L / /v'1::' c!! o,A/ /y~C -1-/ d /v
it//'> t/ L A /J...l VV', "7fJ 6 -e />7 Ad>" //v rL
U-r-< ,4-J/ 't" _<: 't!' '-'- "" "" / i' '/I" ..". r- t' f:Jt- d L",. oS:..$
1 /3 U t' L..-I /~! ,,? () "- d- 1'- i' ''''''/, Cj/.; '/L
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Signature of Agency
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SUBDIVISION PLAN CHECK FORM
Mail i ng Date:
August 14, 1975
Subdivision:
Brewer Incorporated Townhouses
Preliminary Plat'
P & Z Hearing:
To:
Water Dept.'
According to the procedure set forth in the City of Aspen Subdivision
Regulations, the enclosed plat constitutes a subdivision and must be
processed in accordance with said Regulation.
This form with attached copy of the 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 recollIDlended alterations on a copy of the plat.
This form and the accompanying copy of the plat must be returned to
the City of Aspen Planning and Zoning Commission no later than Sept. 29
No response will be interpreted as approval without cOllIDlents.
{;Ji1J;v -tA ~f1 J ~ --=tk /.(). 1/
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REMARKS:
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Signature of Agency
TO: Hal Clark
REAL EST~ AFFILIATES INCORPORAT0
1660 Lincoln Street, Suite 2520
Denver. Colorado 80203
FROM: Rick Ferrell
SUBJECT: PUD and Subdivision Criteria: Clarendon Exemption
DATE: 12 August 1975
CRITERIA
I
2
3
4
Water pressure
Utility adequacy
Road adequacy
Site suitability:
slope
instabili ty
mud flow
rock falls
avalanche
natural watershed
runoff
drainage
soil erosion
water pollution
Air quality
Design and location of:
structures
roads
driveW;ays
trails
Compatibility with terrain
Grading
Placement and clustering
Building height
Building scale
Fire protection
Bridges
Landscaping
Surveying
Title
Improvements
Growth patterns
PUD
SUBDIVISION
5
6
7
8
9
10
11
12
13
14
15
16
17
18
x
X
X
X
x
x
x
x
x
x
x
x
x
x
X
X
X
X
X
x
x
x
x
x
x
x
x
x
x
x
x
x
x
X
X
X
X
X
X
x
x
x
X
X
X
X
X
X
X
In summary, areas not reviewed under the subdivision but reviewed under
I'UD are ',thesBuilding design criteria (6,7,8,9,10 and 11 above) and
Air Quality (5 above).
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TO: Hal Clark
FROM: Rick Ferrell
REAL ESTI""'IE AFFILIATES INCORPORAT--)
1660 Lincoln Street, Suite 2520
Denver, Colorado 80203
SUBJECT: Clarendon Subdivision & PUD Approvals
DATE: August 8, 1975
According to my scheduling calculations the fOllowing meetings and activities
will be coming up in the month of August relative to the Clarendon approval process:
if August 7:
~~;---_.
~gust 14:
August 19:
August 21:
August 25:
August 28:
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Newspaper public notice announcing City Council consideration of
Outline Development ,g~an at August 25th Council meeting. Copy of
notice attached. lA/I'IC"f'S",-(J/JII/
Newspaper p~bli~~otice of Planning a,nd Zoning consideration of Fin~, .
Development Plan. Hearing to be held September 2, 1975. ~
Planning and Zoning Commission consideration of PUD exemption at
regular August 19 meeting.
Mail notices to adjacent property owners regarding preliminary plat'
hearing to be held September 2 before P and Z.
Council meeting. Council to consider ~oncept subdivision and outline
development plan.
Newspaper public notice regarding preliminary plat public hearing
before P and Z at September 2 meeting.
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aspen ,cfi:"9.:!a~~,:'f.'1~11 box v
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Staff
RE: Clarendon II Condominiums
DATE: July 10, 1975
This is a request by Clarendon II Condominiums for conceputal
subdivision review and outline development plan approval for
16 units in a R-6 Mandatory PUD zone. The project is located
in the viewplane corridor for Glory Hole Park.
The concerns of the Planning Office are as follows:
1. No access be permitted off Ute Avenue. Access should
be by West End Avenue and not in conflict with access
to the Gant project.
2. The applicant must show compliance with terms of
the Glory Hole viewplane corridor.
3. The County Trail Coordinator, Dave Russell, should
be consulted to plan trail intercept with County
trail plan.
4. The applicant is in conformance with R-6 zoning
requirements and must be processed through Mandatory
PUD proceedures which encourage clustering of housing
units.
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:::allahan, corit'd Mayor had felt anne~i'J,tion for. recreational purposes was not
1.egitimate. Pat :-laddalone explained that City Attorney ,Stuller
.'had said that they~~ouldn' t need to be there since it would be just
a matter of Councii accepting the petitions. ~lojo showed the
area which .would enconlpass the. east end of town and Riverside
subdivision - next to .van Horn. It is zoned R-15 ml'ndatory PUb.
Benedict noted that he, and Fred Larkin owned the land that is next
to BLH land and near Shimer's property. He presently has an
office and a house on the. north side of the river. He said in
order to sell the house, he would have to subdivide sin.::e it is
on 18 acres. Dee Brown had suggested to him to make the open
lanqinto'a clubhouse with up to 10 tennis courts, several of
'Which would be roofed over to the County land next to it with
some units around and single family lots. The road would loop
around the clubhouse wi.th parking for the tennis players below.
There is an existing.foot bridge which would be the entrance
to the clubhouse and they would control traffic with one entrance.
. .Ms. Maddalone said that the annexation proposal is for four acres
with parking in the county land. They would like to have 12 SF
lots, five duplexes (10 units), 36 townhouses (two or three bedroom
four employee units and the Benedict house and guest h()use (SF).
Jenkins questioned the density which Kane said was based on 10,000
sq"ft per duplex on R-15 so they could have a potential 81 units.
Maddalone said that they'had had excess density before and since
Benedict was splitting the land with Larkin which was ,isolated
from Calderwood py the bridge, if they transfer 10 units per acre,
these could be us'ed for employee housing to be under the Housing
Authority. Benedict said that Planning had some objection because
of the additioni'J,l traffic on the highway but he felt it wouldn't
be a probl'em because the people going to the tennis, courts would
be on the west side. Kane noted that he and City 'Attorney Stullet:
had discussed commercial tennis courts in the R-15 open recreation
zone with Ms. Stuller feeling,that only tennis courts adjacent
to a residential home would be allowed. Maddalonefelt that RR
allows recreational uses (which half of the property was on)and
since Councilor someone had changed the property to RR they must
be acceptable. Katte's point was that the area would be busy and
dense for R-15 and it would be genc:rating more cars as 'a conunercial
area. Benedict objected to it being termed commercial but Mojo
.said that because of the intensity of the courts, they must be
planning on it being a money generator. Benedict questioned if
they would feel better if they had less courts? Mojo e:<plained
that the objection was to townhouse where people would not have
...the open space like the SF lots, whose owners.would have the
property in fee simple. Benedict said that they had approved.
the Wedum/Hyman project Which was only 2l.,; acres wi.th a slope
negating the open space. Kane noted th.:.t they had liked the first
plan of B-enedict's better...,here there were SF lots around the lake
and now he felt that they, ha.d gone to the other extreme. Benedict
wanted a higher density and would like to include swi~ning for
such areas as Aspen Alps. Jc,nkins summarized that they had two
problems: cOlnmercial oper<ltions Which technica lly arc okay in
the zoning buL will' be a traf fie generator. He questioned whether.
the rO<ld could handle it and if it couldn't is the design or
volume in keeping with the code? Hunt felt that the parkinq area
footprint was huge but understood th.:.t the code requires 300 sq
ft per ci1.r. Jenkins felt that the plans showed poor graphics and
it was difficult to evaluate the impact.
./
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.
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~tion
":~rendon-:)
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Collins moved to table the project for two weeks and Benedict
was to work with Kane on the problems brought up at this meeting.
Hunt seconded. 1\11 ill favot-, motion carried.
Kane questioned whether they wouldn'\: want to table the project
and put it on the top of the agenda for the next, meeting? Rick
I:'crrell,. representative for the project, noted that they had
VOluntarily changed their presentation on the agenda until the
end to illlow for .the sm.:.ller projects to go through faster and
asked tha'\: they be al)m:cd to give the presenLiti.on. .10n1" "IS
ruled that they would ,allm1 10 minutes ~;incc the meetin') \"'''9 lat.c.
}'errcll noted that they had Deen changed
.24 to 16 units because' of the new code.
as under lhe old Clarendon ilnd was ZOned
on their density from
It wan the samcsitc
R-6 with mandatory PUD.
-4-
,
.
.
RECORD OF PROCEEDINGS
100 Leaves
'O/IC.. 'C,". ,,~'~I(It.... I. . \. t~
Regular Heeting
Planning' and Zoning'Cotnmission
July 15, 1975
=i;:;J;endOn, cont'd Th~ original plan had been apP'roved last spring for preliminary
plat but with the new code, it had cut them down to 16 units so the
have a new land plan with 'the basic architectural concept to
push the building to the back to make use of the meadow. Hal
Clark said Planning has two considerations: view plane from Glory
Hole park not be encroached upon and a county trail easement be
given. Jenkins noted that sinc:ethe density had been the major
<. issue last year, he was more inclined to let them get approval.
He asked about the view plane with Ferrell saying that the courts
would be below the view plane (they would b,e 14 feet high) and
j that the only building inside it would be the manager's unit,
Clark also questioned the accessway. Jenkins asked that the '
City verify" through Lou Buettner, about the view plane and if the
applicant's were willing to give an unspecified trail easement
with. access coming ,off West End, then. he would be in favor of
preliminary approval. Kane's hesitation was that this wouldbe
encouraging them to go ahead with:xhe plans as they are no and
the footprint of the building seemed to be one continous building
and he felt that there was need for a visual break. Jenkins said
that, since it was preliminary, they would not be remiss in
encouraging them. Ferrell thought that for the Planning Office
to make architectural.cotnments was out of place but Kane noted
that they did have the right to make the comments.
"1otion
Collins moved to grant conceptual subdivision and PUD approval
conditional that they in no way encroach on any view plane; they
give an unspecified trail easement and that they look into the
visual appearance or footprint of the building. Hunt seconded.
All in favor, motion carried.
Hunt moved to. adjourn with Dobie seconding. All in favor, meeting
adjourned at 7:40 p.m.
, .
xk<u......J 4. d.-.J~~.t.::...
Susan B. Slni th, Depu t ci ty Clerk
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Incorporated
REAL ESTATE AFFILIATES
SUBDIVISION
Date
JJulY 15
July 28
July 29
August 21
September 2
September 3
September 15
September 16
P.U.D.
Date
v0UlY 15
July 24
August 11
August 12
August 14
September 2
September 15
September 16
July
" M T W , " s
12345
6 1 8 9 10 1112
13 141516 1118 19
20 2122 23 2425 26
2128293931
OPTIMISTIC 'APPROVAL SCHEDULE ~ CLARENDON
Meeting or Event
Concept subdivision, obtained recommendation
Council approval of concept subdivision
Preliminary plat submitted
Public notice: Mailing and advertisement
P&Z public hearing on preliminary plat
Final plat submission
Final plat to council
Recording
Meeting or Event
P&Z outline development plan obtained
Public notice for hearing
Council public hearing, outline development plan
Submit final development plan
Public notice in newspaper
Public hearing, final outline development plan
Council approval
Recording
August
September
$ M T W T I' .s
S M T W T ,. $
I 2
3456189
lO II 12 13 14 15 16
1118 1920 2J 2223
l\; 252627282930
12345&
789tOll1213
14 151& 11 18 t9 20
21222324252621
2829 30
Korth of Nell Building
P.O. Box 3159, Aspen,Colorado 81611
Telephone: :303J 925"-1$30 '
".....,
LITTLE NELL
Unit 1
ERLANSON, Susan
6645 Park Hall Rd.
Laurel, Md. 20810
Unit 2
MacGILL, Suzanne
Box 411.9
Aspen, Colorado 81611
Unit 3
KAJEMS. INC.
234 Rexford Pl.
Waterto'>n, N. Y. 13601
Uriit 4
STANTON, William & Barbara
3000 Shrine Park Rd.
Leavenworth, Kansas 66048
Unit 5
13REAM, Roy &
SCHENCK, Fred, Jr.
130x 129
Aspen, Colorado 81611
Unit 6
KULLGREN, G. V.
130x 1822
Aspen, Colorado 81611
Unit 7
ROSE~~IELD, Lawrence
3952 Beard Ave. South
Minneapolis, Minn.
Unit 8
UKENA, Maynard
614 Kellogg
Box 547
Ames, Iowa ,50010
Unit 9
WHITE, Paul & Emily
Box 999,8
Aspen, Colorado 81611
Unit 10
,JONES, W. Merritt, Jr. & glsie
365 University Place
Grosse Point, Mich. 48230
Unit 11
LUND, Russell
Lunds, Inc.
1450 WestLake St.
Minneapolis, Minn. 55408
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THE GANT CONDOMINIUM
PHASE I
Bldg A
Unit A-IOl
A-301
B-lOl
B-202
C-lOl
C..,102
C-205
D-l04
Destination Resorts-
Aspen Ltd.
Box )(-3
Aspen, Colorado 81611
Unit A-l02
BARTLETT, George & Jeanne
330 E. circle Dr.
North Muskegon, Mich. 49445
Unit A'-103
YJARA, Patricia
Box 1961
Aspen, Colorad.o 81611
Unit A-I04
BRADLEY, James & Anita
Box 10309
Aspen, Colorado 81611
Unit A-201
HOOKER, Richard
2790 \<ilkes
Winnepeg 20 Manitoba
Canada
Unit A-202
DU~~, James & Rose
7813 Cadillac Dr.
Huntsville, Ala. 35802
Unit A-203
NARROH, S. Lee
5454 Hisconsin Ave.
Chevy Chase, Maryland 20015
Unit A-204
YEE, Kwock Chong & Tay Kwee
City Bank Bldg., Suite 804
Honolulu, Hawaii 96807
Unit A-302
SCHREEDER, Charles III
GUMAER, R. J.
TRAUTHAN, James
KNOX, Douglas
LACKEY,Leroy, Jr.
80 Broad St.
Atlanta, Ga. 30303
Unit A-303
DAUl1 FANILY, TRUST
% Richard & Virginia Daum
600 E. 8th St.
Los Angeles, Calif. 90014
Unit A-304
BOYD, David, Harry & Carol
1214 Barkley Ave.
Norman, Okla. 73069
~
;;1< 111 ~.-
Bldg B
Unit B-I02
ALBRECHTSON, Paul
272 Oak Point Rd.
Winnepeg, Manitoba
Canada
Unit B:"103
HERNSTADT, Michael
Box 3039
Aspen, Colorado 81611
Unit B-I04
ORR, Robert &
ALEXANDER,B.. G,.
609 Rico Way
Grand Junction, Colorado 81501
Unit B-105
SIMON, Herbert
1712 North Neridian St.
Indianapolis, Ind. 46202
Unit B-20l
MITCHELL, George
3900 One Shell Plaza
Houston, Texas 77002
Unit B-202
DOmUNG, Sumner
5723 South Kearney
Englewood, Colorado 80110
Unit B-203
ROBIN, Alan
101 Continental Plaza, Suite 800
El Segundo, Calif. 90245
Unit B-204
DuBOSE, James
Box 5808
Arlington, Texas 76011
Unit B-205
KNAUS, Andrew & Florence
20851 Edgecliff Dr.
Euclid, Ohio 44123
Unit B-30l
COX, Ann
3551 Asbury
Dallas, Texas 75205
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TilE GANT CONDOMINIUM (cont)
PHASE I (cont)
Bldg C
Unit C-l03
MORRIS, Robert
KOPLOY, Andre..
1546 Penis tone
Birmingham, Mich. 48008
Bldg C (con t)
Unit C-304
STEHART TITLE CmlPANY
Box 2029
Houston, Texas 77001'
Unit C":104
FORKE, Theodore & Marlene
321 Sharp Bldg.
Lincoln, Nebr. 68508
Unit C-3Q5
FOHLER, William
MILLER, Donald,
2621 Park Place
Evanston, Ill. 60201
Unit C-l05
KRUEGER, James & Merry
ASJILEY, Thomas
Box 1098
l,'ailuku, Maui
Hawaii 96793
Unit C-306
FUR}~N, Richard & Rosemary
2351 N.E. Second Ave.
Miami, Fla. 33137
Bldg D
Unit D-lOl
ORGERON, H. Bobby'
Box 785 '
Golden Meado.., La. 70357
Unit C-l06
THO:'lPSON, Michael & Judith
103 Greencroft
Champaign, Ill. 61820
Unit C-201
ROBINSON, Jack & Aviva
28401 River Crest Dr.
Southfield, Mich. 48076
Unit D-l02
CARDINAL DEVELOPMENT &, 11~ESTMENT CORP.
1317, Murray Ave.
Pittsburgh, Penna. 15235
Unit C-202 .
\VUNSCH, Charles & Kathryn
69bl ~ashington Blvd.
Indianapolis, ,Ind. 46220
UnitD-l03
SLOSBERG, Myron & Joan
31 Sturges High,,,ay
l;'estport, Conn. 06880
Unit C-203
ROSS C.f;R LEASING
Box 11629
St. Petersburg, Fla. 33733
Unit D-l05
BRISTER, Linda
5307 Boca Raton Dr.
Dallas, Texas 75229
Unit C-204
REICH, Dr. Melvin
GAINES, Colin
444 East 82nd St.
New York, N. Y. 10028
Unit D-l06
MURCHISON, John, Jr.
Box 8673
Aspen, Colorado 81611
Unit D-20l
WALKER, John
7334 Hellcrest
Dallas, Texas 75230
UnitC-206
RONAN, Paul
COX, David
116 Sausalito Blvd.
Sausalito, Calif. 94965
Unit D-202
TRI-STAR Il~TESTI1ENT
Box 1602
Aspen, Colorado 81611
Unit C-301
HOCKER, David & Mary
Box ,1539
Owensboro, Kentucky 42301
Unit D-203
MORRIS, Robert
1546 Penis tOne
Birmingham, Mich. 48008
Unit C-302
BARTUSCH, Nancy
Box 360
Eau Claire, Wise. 54701
Unit D-204
PASTERNACK, Bianca, Trustee
230 GrandviewSt.
Memphis, Tenn. 38111
Unit C-303
TOBEY, Robert
1582 Tiffany Dr.
Pittsburgh, Penna. 15241'
Unit D-205
SEIFERT, George & Bertha
2526 Kellogg Ave.
Ames, Iowa 50010
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THE GANT CONDONINIUH (cont)
PHASE I (cont)
B1dg 0 (cont)
Unit 0-206
WEDEL, Waldo & Dorothy
2212 A Lanier Drive
Austin, Texas,78758
Unit D-30l
HELNICK, Herbert & Carol
1021 Hunter Rd.
Glenview, Ill. 60025
Unit 0-302
MORGAN, Niel
20 Briar Hollow Lane
Houston, Texas 77027
Unit 0-303
WOODWARD, Terry & Norman
l120'Woodmere Lane
'~,ensboro, Kentucky 42301
.
Unit 0-304
FORD McCOPJ-lICK PLUHBING & HEATING
% Ford }lcConnick
215 East 9th St.
Owensboro, Kentucky 42301
Unit 0-305
COTTON, Ralph
LARSON, Dayl
2427 S. Chase Lane
Denver, Colorado 80227
Unit D-306
LERNER, Frank
56 Hest 65th St.
New York, N. Y. 10023
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THE GANT CONDONINIUH
PHASE II
Bldg E
Unit E-IOl
E-l02
E-I03
E-202
E-203
E-204
E-301
E-302
E-303
E-304
F-IOl
F-102
F-103
F-104
F-201
F-202
F-203
F-204
F-30l
F-302
F-303
F..;304
J-l02
J-103
J-104.
J-105
J-202
J-301
J-304
3.,305
K-102
K-103
K-10!,
K-20l
K-202
K-204
K-302
K-303
Destination Resorts-
Aspen Ltd.
Box K-3
Aspen, Colorado 81611
.
Unit E-l04
FRAUTSCHI, Steven & Mie
1661 Crest Dr.
Altadena, Calif. 91001
Unit E-201
ROBBINS, Arnold & Marlene
3916 N. Central Park
Chicago, Ill. 60618
Bldg J
Unit J-lOl
WILLCOX, Donald
Box 2977
Aspen, Colorado 81611
Unit J-20l
DALTON, Spencer
45 Hillcrest Dr.
Galt, Ontario
Canada
~
Bldg J (coat)
Unit J-203
illERSON, Jonathan & Jane
Titicus Rd.
North Salem, N. Y. 10560
Unit J-204
SCHIlmER, Hm,ard & Leslie
MAR, Richard
TAYLOR, Joanne
Hui House, Inc.
Box 776
Honolulu, Hawaii 96808
Unit J-205
SANDITEN, Ed"lard
1121 Crandon Blvd.
Key Biscayne, Fla. 33149
Unit J-302
VONTZ REALTY COMPAhry
925 Dalton St.
Cincinnati, Ohio 45203
UnitJ-303
MORRIS, Arthur
1340 N. Astor St.
Chicago, Ill. 60610
BldgK
Unit K-IOl
Ah~ERSON, James & June
2145 Field,crest Dr.
{)wensboro, Kentucky 42301
Unit K-:-203
HASSE, Robert
KOTIL, Donald
Box 505 .
Oak Ridge Station
Royal Oak, Mich. 48054
Unit K-304
CROOKS TER(.UNAL WAREHOUSES, INC.
9441 W. Fullerton Ave.
Franklin Park, Ill. 60131
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CQLORAD0 REf:;ION
l\LTA OWNER'S POLICY-FORM 8-1970
(AMENDED 10.17-70)
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Policy of Title Insurance
'lfflS.U:illl:U U i un u 01
Issued by
TransamoPlca Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAlIIERICA TITLE INSURANCE COMPANY, a California corporation, herein 'called
the Company, insures, as of Date of Policy showuin Schedule A, against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may
become ohligated to pay hereunder, sustained or incurred by the .~Jlsuredby reason of:
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1. Title to the estate or' interest described in Schedule A being vested otherwise than as s~ted therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
In Witness Whereof, Transamerica Title Insurance Company has call sed this policy to be signed and sealed
by its duly authorized officers as of Dale of Policy shown in Schedule A.
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Iransamorlca TrtIu InsumUCH Company
By
Secretary.
President.
Attest
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SCHEDULE A
NUMBER
146,000,207-0 I
AMOUNT
1$325,000.00
Dot.d ,h;5 30th
doyof
May
I 19 73 , elf the hour of 8;00 0' clock A.M.
1. The name of the insured and the estate, or interest of the insured in the land described below ond cov~
ered by this policy is as follows:
BREWER, INC., a Delaware Corporation, Fee Simple
2. The land, the title to which is insured, is described or known as follows:
LEGAL DESCRIPTION AS SET FORTH ON ATTACHED SHEET
SCHEDULE a
This Policy doe-s not insure against loss or damage by reason of the following:
1. Rights or daims of parties in possession not shown of record, including unrecorded easements.
2. Discrepancies, conflicts in boundary lines, shortage in orea, encroachments, or ony other facts which 0 cor-
rect survey would disc:lose, cnd which Ore not shown by the public records.
3. Me:=:hanics liens, or ony rights thereto, where no notice of such liens or rights appear of record.
4. Taxes and assessments not yet due or poyable; and Special Taxes or Assessments certifjed to the office of
the County Treosurer subsequent to: May 22, 1973.
5. Deed of Trust from Brewer, Inc., a Delawa~e Corporation to the Public
Trustee of Pitkin County for the use of Shareholders Recreation Programs,
Inc., a California Corporation, dated May 16, 1973 and recorded May 22,
1973 in Book 276 at Page 13, as set forth on attached sheet.
6. Deed of Trust from Brewer, Inc., a Delaware Corporation to the Public
Trustee of Pitkin County for the use of Shareholders Recreation Programs,
Inc., a California Corporation, dated May 16, 1973 and recorded May 22,
1973 in Book 276 at Page 23, as set forth on sheet attached.
7. Terms, agreements, provisions, conditions and obligations as contained
in instrument recorded May 22, 1973 in Book 276 at Page 18, as set
forth on attached sheet.
COLORADO REGION. A1-TA OWNER'S POLICY-FORM 8-1910 lAM ENDED 1(}-17-70\
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SCHEDULE B
CONTINUED
NUMBER
146,000,207-0
8. Reservations and exceptions as contained in Patents from the United
States under the provisions of the Act of Congress, approved on the
Second Day of Mar-ch, A.D., 1867, entitled "An Act for the Relief of
the Inhabitants of Cities and Towns, upon the Public Lands." "Provided,
that no title shall be hereby acquired to any mine of gold, silver,
cinnabar, or copper or to any valid mining claim or possession held
under existing laws; and provided further that the grant hereby made.
is held and declared to be su bject to all the conditions, limitations,
and restrictions contained in Section 2336 of the Revised Statutes
of the United States, so far as the same are applicable thereto."
(The Company agrees to protect the insured against any loss or damage
to the improvements occasioned by reason of the enforcement or
attempted enforcement of said reserved rights.)
9. Mineral reservation on Lot 29 of the subject property as set forth
in Book 93 at Page 50.
(The Company agrees to protect the insured against any and all
loss or damage to the improvements resulting from the use of the
surface in connection with said reserved mineral rights.)
10. Any tax, assessments, fees or charges by reason of the inclusion of
the subject property in Aspen Fire Protection District, and Aspen
Metropolitan Sanitation District.
11. Deed of Trust from Aspen Construction Corporation, a Colorado
Corporation, for the use of Matthew O'Block, Jr., to secure
$168,750.00, dated December 12, 1969 and recorded December 18,
1969 in Book 245 at Page 108, as amended by Indemnification
Agreement by and between Shareholders Recreation Pr-ograms, Inc.
and Brewer, Inc., dated May 15, 1973 and recorded May 22, 1973
in Book 276 at Page 11. (Affects Parcels "A" and "B")
12. Any Loss or Damage by reason of the outstanding interests of (1) Alma
Hunt and (2) Unknown Persons b1 reason of the fact that Alma Hunt
acquired title to subject property by Warranty Deed dated April 2,
1898, recorded April 4, 1898 in Book 85 at Page 147, and that said
Alma Hunt has never disposed of her interest in and to subject
property. (Affects Parcel "c" only)
13. MARKETABILITY: If a quiet title suit is necessary, the policy
issued will guarantee fee ownership and possession in accordance
with its provisions, but will not insure the title as marketable
until the decree has been procured and has remained of record for
six months during which no action has been initiated to set it
aside or otherwise impair its effect.
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Iransamerm8 Title Insurance Company'
ENDORSEMENT
TO BE ATTACHED TO AND BECOME A PART OF OWNER'S POLICY
NO., ~,6, ,,~ 9.9." ?!?J,::P'
ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY
Paragraph Number 13 of Schedule "B" of said policy is hereby
amended to read as follows:
1~RKETABILITY: If a quiet title suit is necessary, the policy
issured will guarantee fee ownership and possession in accordance
with its provisions, but will not insure the title as marketable
until the decree has been procured and has remained of record for
six months during which no action has been initiated to set it
as ide or otherwise impa ir its effect. (Affects Parcel "e" only).
Nothing herein contained shall be construed as extending or changing the effective
date of the policy, unless otherwise expressly stated.
Signed and sealed this,~~~.~__,day oL..__.J_~~"."___________,___._________..____,.,, 19.~.~~__
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Jransamerma Title Insurance Company
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( -,/~'. Authorized Officer ~ifent
President.
Secretary
Brewer, Iuc.
Shareholders
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A.TTACHED TO AND FORMING A PART OF NO,
46,000,?,07-J
LEGAL DESCRIPTION:
PARCEL "A"
That part of Lot 40, UTE ADDITION to the Townsite and City of Aspen,
described as Parcel No. 43 and shown on the Map attached hereto in
instrument recorded in Book 180 at Page 19, of the Pitkin County,
records,
EXCEPTING THEREFROM, the portions ,described in Book 181 at Page
115, in Book 234 at Page 874 and in Book 215 at Page 2, records
in the office of the Clerk and Recorder, Pitkin County, Colorado.
PARCEL "B"
Lots 26, 27, 28, 29, 30, 31, 32 and 41, UTE ADDITION to the City
and Townsite of Aspen,
EXCEPTING from said Lot 32, the following described property:
Beginning at the Northwest Corner of said Lot 32, thence South
51032' West, 36.8 feet; thence South 81005' East, 54.3 feet;
thence North 33050' West, 40 feet, to the Point of Beginning.
PARCEL ne"
A part of Lot 40, as shown by the Map on file in the office of
the County Judge of Pitkin County, State of Colorado, said Lot
being a portion of Block 114 of the City of Aspen, described as
follows: Beginning at the Southwest corner of Block 113 in said
City of Aspen, thence South 75008' East,276';5t"feet,; thence South
14028' West, 162.32 feet, to the True Point of\Beginning; thence
South 14028' We~t, 65 feet; thence North 35014'\Westb 61.52 feet;
thence North 51 45' East, 33.6 feet; thence South 75 39' East,
27.5 feet, to the Point of Beginning. \
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ALL IN THE COUNTY OF PITKIN, STATE OF COLORADO