HomeMy WebLinkAboutcoa.lu.su.Gignoux Lynch.1977
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Recorded at 10:59 A.M.
Reception No. I"""; 1 c1"1 q (j..:;:2-
Oct. 4, 1977
Jfu1ie Bane, Recorder
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13001I336 ~GE 03
GIGNOUX-LYNCH SUBIDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, entered into and made this
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Cday
of
, 1977, by and between NATALIE GIGNOUX, here-
inafter referred to as "Owner", PATRICK LYNCH, hereinafter referred
to as "Subdivider" and The City of Aspen, Colorado, a Municipal
Corporation, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Subdivider and Owner desire to subdivide a tract
of land within Pitkin County, Colorado, consisting of property set
forth on the attached Exhibit "A", City of Aspen, County of Pitkin,
State of Colorado.
WHEREAS, Subdivider and Owner have submitted to City for
approval, execution, and recording a subdivision plat of the above
~escribed property, such Subdivision to be known and designated as
"Gignoux-Lynch Subdivision", and
WHEREAS, the City has fully considered such subdivision plat,
the proposed development and the improvement of the subject property
shown thereon, and is willing to approve, execute, and accept said
plat for recordation upon the agreement of Subdivider and Owner to
the matters hereinafter described, which matters are deemed necessary
to protect, promote, and enhance the public welfare; and
WHEREAS, Subdivider,.owner and the City wish to reduce said
agreement to writing,
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the parties hereto hereby agree as
follows:
1. Subdivider and Owner covenant and agree to and with the
City that they will affirmatively consent to and join in the forma-
tion of any special improvement district, encompassing all or any
part of Gignoux-Lynch Subdivision, that may hereafter be proposed or
formed for the construction of streets, alleys and drainage improve-
ments or buried electrical improvements. Subdivider hereby waives
and further covenants and agrees to waive any right of protest
against the formation of any such district.
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800K 336 PACE 04
2. OWner and Subdivider, for themselves, their successors
in interest, grantees and assigns, covenant and agree that in the
event the City undertakes street improvements (including paving,
curb and gutter, and sidewalks) without the formation of a special
assessment district when such street improvements include improve-
ments in the right of way abutting said property, they will pay the
actual cost of any such improvements abutting the boundary of said
property, such payment to be made to the City within ninety (90)
days after completion of the improvements and on receipt of written
notice and demand for such payment.
3. Except for landscaping, the improvements shown in
Exhibit "A" to the Subdivision Plat shall be completed as a condition
for the issuance of a Certificate of Occupancy, and the landscaping
shall be completed by September 1, 1978. To insure satisfactory
completion of the landscaping as set forth in Exhibit A to the
Subdivision Plat, the Subdivider shall place in escrow with the
City of Aspen the sum of $ 3.575.00 , or, in the alternative,
provide the City with a letter from the First National Bank of Aspen
guaranteeing payment in the amount of $ 3.575.00 upon demand
by the City if Subdivider fails to complete the landscaping as
required herein.
4. Subdivider agrees to pay a Park Dedication fee for Lot 1
~ of said subdivision to the City in accordance with the provisions
of Sec. 20-18 (a) (1) of the Aspen Municipal Code.
5. Upon execution of this Agreement by all parties hereto,
City agrees to approve and execute the final plat of the Gignoux-
Lynch Subdivision and accept the same for recording in the real
property records of Pitkin County, Colorado, upon payment of
recording fees and costs to City by su~divider.
6. The covenants and agreements of the Subdivider and Owner
herein shall be deemed covenants that run with the land, shall
burden the land included within the Gignoux-Lynch Subdivision, and
shall bind and be specifically enforceable against all subsequent
owners thereof, including Subdivider and OWner, their grantees, and
successors in interest and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
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Bllux336 Il&E 05
OWNER:
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NATALIE GIGNOUX rl' I~
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CITY OF ASPEN:
City Clerk
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OF PITKIN )
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The foregoing Agreement was acknowledged before me this
day of Sepf~
, 1977 by PATRICK LYNCH.
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STATE OF COLORADO )
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Witness my hand and Off&' c' al seal. <.),.,,<;~~D10d .'
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My commission expires ''..Pl(~-_'" ;:;"3.19<;"/,.;/ ,""'."1 n i6"
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COUNTY OF PITKIN
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, 1977 by NATALIE.G:r~~'#c,~t!I/,
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Witness my hand and official seal.Y?''J\-\[l~/)d,';;
My comm;ss1'on ' f~A I /.) tJ,$: :~:'...' "~o;-(7.&;;':' .,.<i
. exp~res.(/ ....."U. 7; 1'777>0 ",', to,)"')"':;,.',?:"".":';"':'
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The foregoing Agreement
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was acknowledged befoJ.te/l'\l~';:this
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STATE OF COLORADO )
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COUNTY OF PITKIN )
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was acknowledged before"~~";'iti'!~~:{"
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STANDL~y:.:.Ii':i9,~_%i;i!\,
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and KATHRYN HAUTER, City Clerk, personally knowntoC'me ,) .C:i.;;:;''$:'" :.:: :
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My d'rrimi~ib!~ 11\ .zJ:e's: 1/17/71
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The foregoing Agreement
day of Q~ , 1977 by STACY
Witness my hand and official seal.
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BOOK336 PAGE 06
EXHIBIT A
A tract of land being part of Section 7, Township 10
South, Range 84 West of the Sixth Principal Meridian
and being a part of Block 20, East Aspen Townsite,
and being more fully described as follows:
Beginning at the northeast corner of Lot 5 of said
Block 20, thence S14050'49"li/ to the southeast corner
of said Lot 5, thence N75Q09'll"H 150.00 feet to the
southwest corner of Lot 1 of said Block 20, thence
N04008'OO"E 67.55 feet, thence N19049'OO"W 130.33
feet to the south line of A 16 foot wide road, thence
S57025'00"E 59.71 feet along the south line of said
road, thence S67017'OO"E 85.49 feet along the south
line of said road, thence south 13.37 feet, thence
S56036'47"E 96.71 feet to the point of beginning,
containing 23,757 sq. ft. more or less.
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Regular Meeting
Aspe~.City Council
September 26, 1977
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Ci ty Man.:Jqm" t1.dlOIl('Y toldCoull(:il he had wantedtq make the wording of the resolution so
t.h.d" it wouldlllL,IH! f,(l open cnded and make a commitment for the Ci.ty. "l,'hishas 'h0(.'ndorw
now. "'ohn :a:"llf\Jl'd, planning office, requc~ted:tl~at Council accept wh~t,has bcqlJ:,:,i'H1optcd
jll the Ifoly Clo;,;;;"citizens 'I'ask r'orce resolution';l,"s the master pI'un for. the Holy::' 'Cross '
pr"ol'ert.y.
Councilman \"lishart moved to adopt the recommend~tions contained in the Holy Cross Citizen I:
'J'ask Force resolution as amended; seconded by Cou'ncilwoman Johnston.
Last time Mahoney felt that the City would be giving up the right of decisions and the
task force would be assuming the responsibility of the building. Councilman IIcrsh{~y ~.;d t1
he sa.w nothing obj ectionable -in the ten points . Sta'nfordtold Council they were trying tt'
get the Holy Cross building registered with the National Trust. Councilwoman Johnston
asked if there would be problems on not owning the land for 20 years. City Attorney Nutt~1
said the City could still get loans on the. ,escrow even though we don't have the deed.
All in favor, motion car~ied.
councilman Behrendt moved to expand the fa9i~1typlanning board to include Dick Carter,
Mary Helen Cattell, Barbara Conviser, Nick DeWolfe, Marty Kahn, Janet Landry, Diane Lewy,
Roger Moyer, Wes Pouliot, Bob Starodoj, Carla Stroh, Missy Thorn, Laura Wheeler, Larry
Yaw; seconded byCouncilrnan Hershey.
Janet Landry told the Council that this is a development board only and is appointed for
one year. Their job, is to make up the by-laws and procedures, for a visual arts center
and bring them back to Council.
All in favor, motion carried. /~
SUBDIVISION EXEIIPTION - Merson Duplex
John Stanford, planning office, told Council this is a request for exemption from subdivi-
sion for an existing duplex located on Snowbunny lane. The P & Z has reviewed this and
given their approval with the four conditions identified in, a memorandum to Council.
Brooke Peterson addressed the payment of the park dedication fee. Peterson said this is
an existing subdivision and the park dedication fee in this instance is not proper at there
is no increased use of City facilities being created. Councilwoman Johnston asked if the
dedication fee was paid at the time this was subdivided. Peterson answered no. Council-
woman Johnston pointed out the' City Code said it has to be paid. Peterson said at the
time this was subdivided land was dedicated for parks for the West Aspen subdivision.
City Attorney Nuttall said thatmaymake:some difference and is worth looking into.
Councilman Hershey moved totable this item until the dedication is resolved; seconded
by Councilwoman Johnston. All in favor, motion carried.
FINAL SUBDIVISION APPROVAL - Gignoux/Lynch~
Stanford told Council this subdivision is for the creation of,two lots of property behind
the Concept 600 building. There is an existing building on, one of the lots, and there is
proposed to be ,a Sears building on the second lot. The P& Z gave a use determination
for a Sears store in that location. Pat ,Lynch told Counciltpere is presently a very
old house on the lot, and the person living in the, house .plans to try to" move the house.
Stanford told Council there were a number of problems but these have been worked out ,to
the satisfaction of the planning office and ,engineering depar~ent. The applicant is
urging that the park dedication fee ,be paid only on th newly ,created lot. Council~an
Parry asked if the project had employee housing; and if not, why is the City collecting
a park: dedication fee. Stanford answered the Code required in non-resident.ial areas a
6 per gent land value fee. Councilman Behrendt ,asked what the~uarantees were that the
landscaping that is proposed will actually be'done. Albie Kern told Council there is a
subdivision agreement with the City. Mayor Standley asked if the alley had been vacated
by the City. Kern said he'had had a title company.to a very thorough search. When Ms.
Gignoux bought the property, she received a deed to one-half of the alley. The City gave
a Mayor's deed. The title company found no proof of any vacation of the alley. Kern
stated as far as he wasconcern~dthat is a City alley. Mayor Standley directed Mahoney to
, open up that alley.
Councilwoman Johnston asked the size of the lots4 Stanford answered 'lot 1 is 10,890 square
feet; lot 2 is 12,863 square feet. CouncilwamanJohnston read from the Municipal Code
concerning payment of the park dedication fee. Ms. Nuttall:said she did not think the
City could charge for lot 1, which will ,not:be'oevelopcd. Kern'said they were granting a
perpetual easement on the property for IO,feet from Pat Lynch ,to the City. Kern explained
that Bleeker street is sQown as 60 feet wide all the way through. In" fact, Blecker street
is not 60 feet' wider it narrows down as a result of rnanyMayor',s-decds given out to adjac';"
ent landowners. The City .is taking 10 feet from Lot 1. CitY,$ngineer Ellis -told Council
that every utility but Mountain Bell was prepared to under9round down the~e.
Councilman Behrendtrnovedto approve the subdivision subject to escrow orpcrformance bond
i to the City 1-1anBger for landscaping andcomplet.ing that planisubjccttonorma.l encroach-
~I ment provisions und agreement concerning the metal building on lot 2~, and ,subject to the
! seven points identified by Dave Ellis in 'his luemoraIldum of sePten,lber 22; and subject tothC'
! payment of the park dedication fee on lotI only ,at this time and it is not to be accepted
as a waiver for the rest of the lots if they are to be further'devQlopcd; seconded by
CoulIci tlJldn Ni:.-b.~lrt. All in favorfmotioncarried~
~-'(,l:",,'l':' ."~'t.r,SUHOIVISION- Sch~ffapartments
Xilypn'Srnith,l.J,ll1nincy
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offir"(>, told this is conC"eFtualsubdivf~ion for ilo"cxisting building
t.J::. ~:1~;1 ',11 :,howed Council a f"j1tofth(! ~<.tl.',.l'\'J!donand requested
n"':,:~J 'r outs be waiv(.'d until tlH~' preljl:~ilUl.YlJ1.Jt stage. The build-
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Pl ann i ng Offi ce (KS)
RE: Gignoux-Lynch Final Plat
DATE: September 22, 1977
At a meeting held on August 30th, the Aspen Planning and Zoning Commission
approved the Preliminary Plat of the Gignoux-Lynch subdivision. As you
know, the subdivision will create two lots behind the Concept 600 Building
in the S/C/I district, with Lot 2 containing an existing 9arage, and Lot
1 proposed to house a new Sears Catalogue store to be owned by Pat Lynch.
Conditional use approval was also granted by the Planning and Zoning
Commission on August 30th for the catalogue store at this location.
Several problems at issue at the conceptual phase have been resolved to
the satisfaction of the Planning and Engineering Departments. The
subdivision has dedicated disputed portions of the alley behind Concept
600 and thereby assures adequate fire and utility access. Ownership
of land on Bleeker Street has been attributed to the City who will in
turn grant access to the subdivision through Bleeker frontage. FAR and
parking requirements have been met: the issue of non-conforming open
space on Lot 2 was resolved by a Board of Adjustment variance. Open
space on Lots 1 and 2 is adequate in any event if both Lots are taken
toqether.
Other technical concerns expressed by the City Engineer at the preliminary
phase appear to have been worked out to his satisfaction. The Planning
Office therefore recommends approval of the Final Plat which represents
better utilization and upgrading of the S/C/I district, with one final
note:
The applicant argues that because there is an existing
building on one of the subdivision lots, the park
dedication fee should be paid only on Lot 1 where new
development is proposed. It is our understanding to
the contrary that the dedication fee is normally
figured on the gross area of any subdivision.
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MEMO
FROM:
KAREN SMITH
PLANNING DEPARTMENT
DAVE ELLIS
CITY ENGINEER ~
September 22, 1977
TO:
DATE:
RE:
GIGNOUX-LYNCH SUBDIVISION - FINAL PLAT AND AGREEMENT
REVIEW
The engineering department's comments are based upon
review of the revised final plat submitted September
21. The plat is complete and satisfactory except for
the following few items:
1) The easement in the southeast corner of Lot 2
requested by Mountain Bell has been omitted.
2) A grant of the above easement needs to be included
in the Grant of Easement language.
3) The area of the subdivision must be shown.
4) An acceptance of the pUblic easements needs to
be included in the Aspen City Council Approval
language.
The drainage, grading and landscaping plan was submitted
separately from the actual plat as Exhibit "A" and is
satisfactory except for a few details:
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1) The drainage swale along East Bleeker Street should
extend the full frontage of Lots 1 & 2.
2) A sediment/oil trap should be included as part of
the dryw~ll system for the parking and garage area.
3) The bulk of the extensive landscaping within the
ten foot wide right-of-way easement should'<be
relocated so that disturbance by future road work
will be minimized.
designer has indicated that these items can be corrected .
The
Curb, gutter and sidewalk will not be constructed at
this time due to the fact that the city is still working
on a final plan for Bleeker Street. The subdivision
agreement does however include provision for the owner
and subdivider to participate in any future street
improvements.
Subject to the above conditions the engineering department
recommends approval of the final plat and is satisfied
that all engineering concerns are included in the agreement.
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PUBLIC NOTICE
RE: Gignoux-Lynch Subdivision
Preliminary Plat
Notice is hereby given that a Public Hearing will be held on
August 2, 1977, at 5:00 p.m. in the City Council Chambers, Aspen,
before the Aspen Planning and Zoning Commission to consider the
Preliminary Plat of the Gignoux-Lynch proposed subdivision located
on Bleeker Street immediately behind the Concept 600 Building. The
proposal would divide the property into two (2) subdivided lots:
Lot 1 would contain a new commercial building and Lot 2 is presently
developed with a one and two story building housin9 Bishops' Garage.
A copy of the preliminary plat may be examined in the office of the
City/County Planner, City Hall during regular business hours.
Published in the ,Aspen Times Thursday, July 21, 1977.
Isl Kathryn S. Hauter
City Cl erk
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TO ADJACENT PROPERTY OWNERS:
Notice is hereby given that a public hearing will be held before the
Aspen Planning and Zoning Commission at a meeting to be held on
Tuesday, August 30, 1977, at 11:30 a.m., in the City Council Chambers
to consider the Gignoux-Lynch conditional use application for a
Sears Catalogue Store to be located on Bleeker Street immediately
behind the Concept 600 Building.
A copy of the plans may be examined in the office of the City/County
Planner, City Hall, during regular business hours.
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NOTICE TO THE FOLLOWING PROPERTY
OWNERS ADJACENT TO GIGNOUX-LYNCH
PROPOSED SUBDIVISION:
Klaus Obermeyer
P.O. Box 130
Aspen, Colorado 81611
Dr. and Mrs. Robert R. Oden
Mr. Fitzhugh Scott
P.O. Box 660
Aspen, colorado 81611
Mr. Stanford Bealmear
Route #1, P.O. Box 75
Paonia, Colorado 81428
Mrs. Elizabeth Callahan
Mr. LouisJ. Zupancis
540 East Main Street
Aspen, Colorado 81611
Mr. C.M. Clark
P.O. Box 566
Aspen, Colorado 81611
Pitkin County
c/o Mrs. Nina Johnston
506 East Main Street
Aspen, Colorado 81611
Mr. Charles Granger, Pres.
Condominium 600 Condominium Association
c/o Granger & Associates
3641 Kimball Avenue
Waterloo, Iowa 50702
Condominium 600 Condominium Association
c/o Vilcor, Property Manager
555 North Mill Street
Aspen, Colorado 81611
Notices to be sent at least 10 days prior to Planning and Zoning
Commission meeting held on August 2, 1977.
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Gignoux-Lynch - Prel,iminary Plat and Conditional Use Public
Heari ng
DATE: August 25, 1977
Rreliminary Plat
At your August 16th meeting, you continued your public hearing on the
Gignoux-Lynch Subdivision Preliminary Plat. That action was taken
primarily to await results of the Thursday, August 25th Board of
Adjustment hearing which was to consider the granting of a variance
from the open space requirements of the S/C/I zone district. Without
that variance, the Planning Office would not recommend approval of the
preliminary plat as it did not meet the zone district requirements.
Speci fi ca 11y, open space on Lot 2 was defi ci ent by 492 square feet.
Considered together, lots 1 and 2:, however have ample open space.
Pat Lynch submitted to us a revised preliminary plat just prior to the
August 16th meeting. Because that plat had resolved another of the
Planning Office concerns (i.e. number of parking spaces and configur-
ation), we noted that we would recommend approval given a variance for
open space from the Board of Adjustment. As of this writing, the Board
of Adjustment has not met to consider the matter. We will report that
to you at your Tuesday meeting.
Dave Ellis has met with Dick Fallin to review the revised preliminary
plat with respect to the concerns he previously noted by checklist
included in your August 16th packet. Dave certifies that with the
exception of the following his concerns had been met:
1. Change dimension of alley right-of-way
2. Provide electrical and communication easement for
Lynch building.
3. Define common access easement.
4. More detail on grading, drainage, and landscaping.
5. Stake corners in the field to resolve discrepancy on
Bl eeker.
These additional conerns, if they have not been resolved, should be
noted for resolution in the Final Plat.
We also refer back to the conditions noted in the Planning Office memo
of August 11 and will ask the applicant to address these at the meeting.
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Memorandum
Gi gnoux-Lynch
Page Two
Augus t 25, 1977
Conditional Use Hearing
Because a catalogue sales store is a conditional use intheSjC/I
district, the proposed location of the Sears catalogue store in the
Gignoux-Lynch subdivision does require a conditional use hearing.
That hearing has been published for your August 31st meeting so that
it could be reviewed in conjunction with a preliminary plat.
This commission has previously given conditional use approval to the
same use located in the Vi1cor Building on Mill Street below the
Trueman property. The planning office reiterated its support of the
proposed catalogue store use. We believe it is a useful and unique
service to locals providing a source for ordering numerous house-
hold appliances and other items which are not available or easily
purchased in the tourist oriented shopping atmosphere of Aspen.
Furthermore, the Gignoux-Lynch site is a more appropriate one than
the former Vilcor site. It is much closer to the center of employment
within walking distances of the parking area on the Rio Grande and
closer to the pedes train traffic which travels to the Post Office in
the Concept 600 Building.
The use will be operated within an enclosed structure and by its nature
does not emit any noise, dust, fumes, smoke or vapor or in any way
constitute a nuisance to adjoining residential properties. We recom-
mend approval of the conditional use.
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DIRECTOR OF HOUSING. 506 E. Mai~ ASPEN, COLORADO 81611 . PHONE, (303) 925-6612
MEMORANDUM
DATE: August 11, 1977
TO: Planning Office ( Karen Smith)
FROM: Brian Goodheim
RE: The Preliminary Plat of the Gignoux-Linch Subdivision
Having reviewed the preliminary plat of the Gignoux-Linch
Subdivision, the Housing Office comment regarding this
proposal is that the construction of 5,000 square feet of
seI uses will probably result in the, creation of some
jobs. The Housing Office would like to encourage the
developer to provide an on-site apartment as employee
housing with this development. It is felt that the
provision of such an auxilIary use would not only provide
employee housing but also provide additional security to
the premises.
It should also be noted that an existing housing unit
should be destroyed in order to construct the subject
proposal. The Housing Office feels that at least this
unit should be replaced.
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Gignoux-Lynch Preliminary Plat
DATE: August 11, 1977
At your Tuesday meeting, a public hearing will be held to consider the
preliminary plat application of the Gignoux-Lynch subdivision involving
property behind the Concept 600 Building in the S/C/Izone district.
The application proposes to divide the property into two lots: Lot 1
at 10,893 square feet to house Pat Lynch's Sears Catalogue Store and
Lot 2 at 12,863 square feet on which Bishop's Garage and a motorcycle
rental shop are located in two buildings.
As you may recall, your approval of the conceptual presentation was
conditioned on the resolution of three issues:
1. Ownership of the alley. This has since been required to
be dedicated to the City in order to maintain fire and
utility access and regardless of the ownership uncertainty.
2. Ownership of land fronting on Bleeker Street. This has been
determined to be city property. The City will grant drive-
way and access easements across that property to Bleeker
Street.
3. Given the resolution of land ownership and the resulting
net square footage, that FAR, open space and parking require-
ments can be met. The FAR of the preliminary proposal
meets zoning specifications. However, as the Planning Office
initially feared, the open space and parking requirements
are not met by the current proposal. Lot 2, specifically,
is deficient by 3 parking spaces (which, though shown on
the plat, are located in front of building access points
and are therefore ineligible). Lot 2 also is short by
about 492 square feet of open space. Lot 1, on the other
hand, does have an excess of open space that could make
up for Lot 2's deficit, but does not have an excess of
parking.
In early discussions with the applicant, the Planning Office recommended
planned unit development as a way of better siting the requirements of
the two lot subdivision. We still believePUD is a way out of the
zoning non-compliance dilemma.
That approach will, however, require a variance from the Board of
Adjustment as the total parcel is about 3,000 square feet short of
the required 27,000 square foot minimum for a PUD. Another, less
preferred approach, is being pursued before the Board of Adjustment
at this Thursday's meeting: requesting a variance in the open space
requirement. We believe that the PUD would allow better site planning
in the organization of parking and common open space. The other
approach through straight subdivision leaves Lot 2 as a substandard
lot until such time as it may be redeveloped. A third approach
would reduce the size of the Sears or other buildings.
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Memorandum
Page Two
August 11, 1977
The Planning Office supports the concept of the application, feeling
that the proposal may substantially improve the area, We also support
the use itself, that is, a Sears Catalogue Store represents a diversi-
fication of uses that appeals to and serves the local in an ever-
expanding tourist economy. However, under the current zoning dictates,
we cannot support the site plan. It neither meets minimum standards,
nor offers optional land use patterns. We recommend rethinking the'
site parameters through the process of planned unit development.
The concerns expressed in the City Engineer's memo; attached, supports
the need for additional work on this or the final plat. Should the
Board of Adjustment grant a variance for open space and should you
wish to approve the preliminary plat, we request that you respect the
City Engineer's concerns for missing or incomplete items by making
their resolution a condition of approval to be satisfied prior to final
plat. We have also received notice that Mountain Bell considers the
utility easement insufficient. We ask that you add this as an addi-
tional condition, that is an easement satisfactory to Mountain Bell
be included in a revised preliminary plat. Also, the Fire Marshal
requests certification in writing that a fire lane will be kept
open through the property from the alley to Bleeker. Brian Goodheim
suggests an employee unit as a condition. Finally, the electirc
demand is needed by Aspen Electric in order to determine if a trans-
former is necessary. Any such facility and undergrounding of wires
should be paid for by the applicant and this should also be a condition
of any approval.
Subsequent to the preparation of this memo, we learned of the Board of
Adjustment's action to table the applicant's request'f.or a variance
from the open space requirements. Also, since ourorigimal writing, .
the parking configuration has been changed so that given a variance
for open space, this project will meet the full requirements of the
subdivision and we, will therefore recommend approval short of a PUD
approach. We recommend that you open the hearing, take comment, close
the hearing and table action pending the action of the Board of Adjustment.
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MEMO
TO:
FROM:
DATE:
RE:
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KAREN SMITH
PLANNING DEPARTMENT
DAVE ELLIS a---- z:.
CITY ENGINEER V-'--'"
August 10, 1977
GIGNOUX-LYNCH SUBDIVISION - PRELIMINARY PLAT REVIEW
The above plat has been reviewed by the engineering
department and the checklist is attached. Most items
are self-explanatory. Since the conceptual stage we
have established to our satisfaction that Bleeker
Street does abut the property on the north and provide
legal access to the property. What was believed to
be an access easement is in fact public right-of-way.
Additionally, the north one-half of the alley has
been omitted from the revised title commitment. This
essentially resolves the earlier questions regarding
ownership.
Regarding access and circulation problems the engi_
neering department has established that an irregular
Bleeker Street ROW does exist and varies in width
from 16 to 45 feet. The 16 foot ROW begins on the
easterly side of the main access to the project, The
primary concern still unresolved is th.e exact align-
ment and width of the future ROW from the main access
westerly. We are currently developing conceptual
alternatives. The best available data we have to date
sug,gests that additional right-of_way will be required
in the area of the main access and possibly' in the
area of parking spaces 3 through 6. We anticipate
that prior to final plat review we can establish a
ROW plan.
Considering the number of missing and incomplete items
in the checklist.we definitely want a corrected pre-
liminary plat submitted prior to the final plat
submission. We also want to work with the surveyor
to establish a mutually acceptable boundary. and then
have that description monumented. At this time any
preliminary approval must be very conditional.
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CITY OF ASPEN
ENGINEERING DEPARTMENT
PRELIMINARY SUBDIVISION PLAT
CHECK LIST
Preliminary Plat procedures and require-
ments are specified in Sections 20-l~and
20-12 of the Municipal Code. Design
standards are given in Section 20-17 and
required subdivision improvements are
given in Section 20-16.
Items 1 through 10 must be completed for all subdivisions
before plat can be reviewed.
1.
e;lt? htrU ^ -I-YhJ..
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Subdivider{s): Name~/ etr- ^-yhr::L
Address &,.. .82.8'l, ASI~
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owner{s):-L14Lf,'.;. ~I"/HA.X
Address20t; ,Md...,";... P!1r ;ed,A~~ 'rele# 9)..5'- 3683
.
Designer: ~r!r/ A..\'~ /VJ&.lc. [;/1...:..
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Address 13.-:>x. 40, As}~ Tele# 72-S"-34l!s(
Licensed Surveyor: 0-' - c; ,
Address Zr';,..., 5/., 4-~
Existing Zoning /VI 7.Proposed
Subdivision Name:
2.
Tele# Q2S-3/7'
3.
4.
5.
6.
Tele# "72..)- UlJ8
zoning Changes ftf
8.
of Subdivision:
,/' Raw land, lots & blocks t-u/. e)C/s:.f,"':!!
Multiple Family, Non-Condominiumized
Condominium, Residential
Condominium, Commerical
Condomimium, Time Sharing
b&<,leI;Hfs
Type
Building Coverage -/qbetk,4/ :ZJq"-.
Other Ground Coverage does J add y
Open Space for Dedication ~
9. Site Acreage Tabulation:
Other Open Space
TOTAL ACREAGE
;<.~ '7a.'j sf'
10.
OTHER STRUCTURES
( specify)
I ;?J>C~e./
4- ~q'lf!>s><rt7::t'''l+sr~b
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q>31s.f (; 340/Osf"f:n,+~j
LOTS
UNITS
"
Number
Z
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I~> [i?iJ,'>,sf:.
)
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Typical size
Type &/or #
of bedrooms
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Preliminary Subdivision Plat
Check List
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Approved
M
Missing
D
Disapproved
NS
not sufficient informantion,
incomplete
NA
not applicable
V Scale: 1"=><100' or larger engineering scale
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VBar type or graphical scale
VTrue north designation
/Sheet size 24" x 36"
~~ Index sheet
y". Vicini ty map inset
/ Date of preparation
~)Boundary description
~BOUndary ties to government land survey monuments
~ ocation & dimensions of existing streets & al17y'J, ,;
~""' 1f()1.,) 4t~,,,.,.r CJ><. Alky'# S'f"""J' S;-f,) S~ iJ~ $"'"" ~ C;~ hi,
yr Location & dimensions of existing easements
~ Location & dimensions of existing streams, canals,
or ditches
@),ocation & size of existing utilities e(~,,~ IeY~J ~"";eef
t1~ ~ k&k 1V' P>>>'I7"-d,
~Location & ~imensions of proposed streets, alleys ,A
~ and easements t..;'/I need e.k..:" 'I ~_;n, .ea~) ctk:c ~~
~ /.I/,;i:.e whlc.L e.aJe~,
~ocation & dimensions of propos6d lots & blocks
. d,~S"/UY's /11~1'kA- _
Viocation and size of proposed utilities: f~ e?I~ -~ k ~I:-/
<{ ~~A tLle'jh~
water gas telephone
cable
television
~Location of drainage improvements, i.e. bridges,
culvertst catch ba~ins, ~t9rIDr~eWers,~et~~t~n ponds
. &nA''''-~''''f!<'.W-<o(:~~~..,..e
~Location & nature 0' any stream, channel,or ditch
improvements
vi' Existing contours (@ 2'intervals if less than 10% slope)
~DeSignation of all areas of 30% slope or greater
~Designation of all natural hazard areas, i.e.snowslides,
avalanche, mudslide, etc.
sewer
electric
AlA Designation of IOO-year flood plain.
.~ ocation, size, & type of existing vegetation including
~""' trees 6" or more in diameter. See Section 20-12(i)
/ Location and nature of significant man-made or natural
fea turc~)
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- Preliminary Subdivision Plat
Check List
~proposed contours ( @ 2', intervals if less than 10% slope)
Limits of proposed grading &/or excavation
Trees to be removed
Principal proposed landscape features
~~
V Location of proposed fi-j' H,I-9" structures
~' Designation of areas or structures reserved for common
use
~Designation of areas or structures dedicated for public
. f...5L- use - tftdcli ~(j?GVJ .,." 6/e,ek..,. S'~
y' Names and mailing address of adjacent property owners
Written commitments for service
utilities: /11- ~/$ 6n~
water
from public and private
gas
telephone
sewer
electric
cable
television
AlA
Sketch plan of all adjacent holdings
See Section 20-12(q)
AM
Special studies as required (specify)
See Section 20-l2(K)
Additional information required (specify)
See Section 20-12(1)
COMMENT~:0k( a~>, 6t!,,,,,'r/~16/1? -ft;v~ "- f1~ ~k_"i ~
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~ po r!c:;~ ,"",5' s~ is /f.Q{ ~rktk, S(Qce-f' ~ /f;" '1-/7 ,.
. a.rt.. ~:f' d~Wr>.y.r ~ eXIf'~"'1 h';'ld,~.s.. .
3~;IteeJ cf<<-nhC-a~ ""'" ilcf'-elesIH;."" eaS"e~ >f eLf ~I e4
,:>{ ~. G.ao b/.U1J,~,
4)~~ ~ Ol< ~~h{
Engineering DeparbnentPreliminary Plat Check:
Date
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Mountain Bell
Grand Junction, Colorado
August 2, 1977
Aspen Planning and Zoning Commission
130 South Galena
Aspen, Colorado 81611
Re: Gignoux-Lynch Subdivision
Dear Sirs:
We have reviewed the plat of the "Gignoux-Lynch Subdivision" and
have found the utility easements to be inadequate. Mountain Bell
will require an Utility Easement Ten (10) feet in width being
Five (5) feet on each side of a centerline described as follows:
Beginning at a point which bears North 75009'11" West 37.33 feet
from the Southwesterlx corner of the property shown on the plat;
thence North 14050'49' East a distance of 145.41 feet to a point
on the Northern boundary of said property.
Also, an Utility Easement Ten (10) feet in width being Five (5)
feet on each side of a centerline described as follows: Beginning
at a point which bears North 75009'11" West 140.0 feet from the
Southwesterly corner of the property shown on the plat; thence
North 14050'49" East a distance of 100.0 feet to a point on the
Northeasterly corner of said property; said easements 'are shown
on the attached plat.
All easements should be dedicated to the Public Utilities Companies
and designated as such on the final plat.
We appreciate the opportunity of being able to review this plat.
Very truly yours,
.J. c. I<!~ /Db
J. C. Kilmer, SR/WA
Right of Way Agent
P.O. Box 2688
Grand Junction, Colorado 81501
JCK: sb
cc: Natalie Gignoux
Patrick Lynch
Richard A. Fallin
Benedict Associates, Inc.
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M EM 0 R A N.D U M
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TO:
City Engineering Department
City Water Department
City Parks Department
Firej1arshal
~ Electric Department
Rocky Mountain Natural Gas
Mountain Bell
Aspen Sanitation District
FROM: Planning Office~. Karen Smith
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RE: Preliminary Plat of the Gignoux-Lynch Subdivision
DATE: July 22, 1977
Attached is the preliminary plat submission for the Gignoux-Lynch
Subdivision. The submission involves approximately one-half acre
in the S/C/I Zone district to the rear of the concept 600 Building.
It is proposed to create 2 lots, keeping the existing garage on one
lot and creating a new buildi ng to house the Lynch I s Sears catalogue
Store.
We have tentatively scheduled the public hearing for Tuesday, August
16th, before the Aspen Planning and Zoning Commission and would
appreciate your comments prior to August 11th. ~
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DATE:
M E M 0 R A N.D U M
City Engineering Department
...GitY Wa ter Department
City Parks Department
Fire Marshal
City Electric Department
Rocky Mountain Natural Gas
Mountai n Be 11
Aspen Sanitation District
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Planning Office, Karen Smith
Preliminary Plat of the Gignoux-Lynch Subdivision
July 22, 1977
Attached is the prel iminary p1 at submi ss i on' for the Gi gnoux-Lynch
Subdivision. The submission involves approximately one-half acre
in the SIC/! Zone district to the rear of the <;OTlCept 600 Building.
It is proposed to create 2 lots, keeping theexistina aaraae on one
lot and creating a new building to house the ~ynch's Sears cata10 ue
Store.
We have tentatively scheduled the public hearing for Tuesday, August
16th, before the Aspen Planning and Zoning Commission and would
appreciate your comments prior to August 11th.
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M E M 0 R A N.D U M
TO:
City Engineering Department
City Water Department
City Parks Department
Fire Marshal
City Electric Department
Rocky Mountain Natural Gas
Mounta in Be 11
'~ Sanitation District
FROM: Planning Office~,karenSmith
//~'
RE: Preliminary Plat of the Gign6ux~Lynch Subdivision
DATE: July 22. 1977
Attached is the preliminary plat submissiorr for the Gignoux-Lynch
Subdivision. The submission involves approximately one-half acre
in the SICII Zone district to the rear of the concept 600 Building.
It is proposed to create 2 lots, keeping the existing garage on one
lot and creating a new building to house the Lynch's Sears catalogue
Store.
We have tentatively scheduled the public hearing for Tuesday, August
16th. before the Aspen Planning and Zoning Commission and would
appreciate your comments prior to August 11th.
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M EM 0 R A N.D U M
TO:
City Engineering Department
City Water Department
City Parks Department
Fire Marshal
Ci tvl ectri c Department
~ky Mountain Natural Gas
Mountain Bell
Aspen Sanitation District
FROM: Planning Office, Karen Smith
//
RE: Preliminary Plat of the Gignoux-Lynch Subdivision
OATE: July 22, 1977
Attached is the preliminary pl at submi ss ion' for the Gignoux-Lynch
Subdivision. The submission involves approximately one-half acre
in the S/C/I Zone district to the rear of the concept 600 Building. '
It is proposed to create 2 lots, keeping the existing garage on one
lot and creating a new building to house the Lynch's Sears catalogue
Store.
We have tentatively scheduled the public hearing for Tuesday, August
16th, before the Aspen Planning and Zoning Commission and would
appreci ate your comments pri or to August 11 th.
VJorAn~q
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PUBLIC NOTICE
RE: Gignoux-Lynch Subdivision
Prel iminary Plat
Notice is hereby given that a Public Hearing will be held on
August 2, 1977, at 5:00 p.m. in the City Council Chambers, Aspen,
before the Aspen Planning and Zoning Commission to consider the
Preliminary Plat of the Gignoux-Lynch proposed subdivision located
on Bleeker Street immediately behind the Concept 600 Building. The
proposal would divide the property into two (2) subdivided lots:
Lot 1 would contain a new commercial building and Lot 2 is presently
developed with a one and two story building housing Bishops' Garage.
A copy of the preliminary plat may be examined in the office of the
City/County Planner, City Hall during regular business hours.
Publ ished in the.Aspen Times Thursday, July 21, 1977.
/sl Kathryn S. Hauter
City Clerk
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July 19, 1977
Mr. Dave Ellis
City Engineer
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Gignowc - Lynch Subdivisio~
Dear Dave:
I am enclosing herewith the endorsement to the title commit-
ment from Stewart Title Company on the Natalie Gignowc property.
Please note that the endorsement excepts the alley from the title
commitment and I am informed by Ed Phillips that the title company
would be able to issue a title commitment, at the request of the
City, showing Bleeker Street to be contiguous and adjacent to
the northerly line of ,the Gignowc property.
. .. . If '.. you have any questions or require any further informa-
tion, please contact me.
Yours very truly, ,
ALBERT' KERN
AK/pa .
Enclosure
ce. Mr. Pat Lyneh
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ENDORSEMENT NO. 2
ENDORSEMENT to be attached to and forming part of:
ORDER NUMBER: 7030
COMMITMENT NUMBER: CC 44865
Schedule A, paragraph 4 is hereby amended to read:
A tract of land, being part of Section 7, Township 10 South, Range 84 West of the
Sixth Principal Meridian, being also a part of'B1ock 20, East Aspen Additional Townsite,
said tract being described as follows:
Beginning at the Northeast corner of Lot 5 of said Block 20;
thence South 14050'49" West along the East line of said lot and the extension thereof
110.30 feet to the centerline,of the alley in said block;
thence North 75009'11" West along said centerline, approximately 150 feet to the
intersection with the Southerly prolongation of the Westerly line of Lot 1 in said
Block 20;
thence North 14050'49" East 10.30 feet to the Southwest corner of said Lot 1;
thence North 04008' East 67.55 feet;
thence North 19049' West 130.33 feet to the South right of way line of the road on the
North side of said Block 20, being the Northerly line of Land described in deed to
Elizabeth Borstner Callahan, recorded August 23, 1961 in Book 195 at page 79;
thence South 57025' East 59.71 feet and South 67017' East 85.49 feet along said Northerly
line;
thence South 13.37 feet along the Easterly line of said land, to the North line of land
described in deed to Elizabeth Borstner' Callahan, recorded January 4, 1960 in Book 189
at page 453;
thence South 56036'47" East along said North line 96.71 feet to the point of beginning,
EXCEPTING THEREFROM, all that'protion lying within said alley,
County of Pitkin, State of Co1oraod.
In all other respects, said commitment remains unchanged.
STEWART TITLE OF ASPEN, INC.
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7/18/77
Gignoux/Lynch
Part of Block 20
EAST ASPEN ADDITIONAL TOWNSITE
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office (HC)
RE: Gi9nOUX - Conceptual Subdivision
DATE: June 23, 1977
This is a request by Natalie Gignoux to divide property in the S/C/I
district into two lots: Lot 1 would equal 13,773 square feet and Lot
2 would equal 11,471 square feet. Lot 2 is presently developed with a
one story and a two story building housing Bishop's Garage. The pro-
perty is located immediately behind the Concept 600 Building on Bleeker
Street. On Lot 1, the applicant proposes to build a new commercial
building to house a Sears Catalogue Store removing an existing residential
structure.
Three questions remain and their resolution will bear on the ultimate
feasibility of this project. The issues are as follows:
1. FAR Calculation: It is not yet clear whether existing
buildings on Lot 2 will be able to meet FAR, parking and
open space requirements for the S/C/I District. Eighteen
parking spaces and continuous open space equivalent to
25% of the lot area fronting on the street must be accom-
modated on the lot.
2. Ownership of Alley: The conceptual application shows
ownership of the alley between Gignoux and Concept 600
to be with Natalie. The title commitment shows no vali-
dation of this alley by the City. It is probable that
the City owns the alley. If not, dedication of the alley
to the City would be required. In either case, land
areas in the alley cannot be used for density calculation.
3. Ownership of the land triangle fronting on Bleeker Street:
It is still uncertain who owns this piece of land, although
the title company believes it probably belongs to the City.
If the title company will insure the title, and if the
City Engineer agrees, the City would obtain right-of-way
for Bleeker and grant the necessary access to Lots 1 and
2. The Planning and Zoning has recommended that excess
land in this triangle be sold by the City to Natalie Gignoux.
The Planning Office, Planning and Zoning Commission and the City
Engineer recommend approving the Conceptual Subdivision contingent on
the above-referenced issues being resolved prior to or through the pre-
liminary plat review. Approval of the Conceputal Subdivision will allow
the applicant to pursue the questions of ownership and proceed with
detailed site planning. We also recommend conditioning any approval on
the applicant's granting the existing tenant rights to reside in the
residence on Lot 1 until a building permit is taken out for that lot.
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MEMO
TO:
Hal Clark
Planning Department
Dave Ellis
Ci ty Engineer ~
DATE: June 20, 1977
FROM:
RE: Gignoux Subdivision - Conceptual Review
The primary engineering concernson this project can be
'grouped into two categories - questions of ownership and
problems of access and circulation. Of a more minor
nature are two problems with the title commitment. The
first is that the commitment must include the entire tract
to be sUbdivided, not just the portion to be acquired by
Lynch. Albie Kern has indicated he sees no problem in
correcting this. The second prit,blem i,s a small variation
between the survey and commitment for the southwesterly
line of the property. ~
Ownership
As indicated in the title commitment there is no evidence
of record that the north one-half of the alley in Block 20,
East Aspen Addition was ever vacated as shown on the
conceptual drawings and survey. Assuming that a portion
of the alley were in private ownership, dedication of
sufficient land to create a full alley would be required
to provide adequate access for service and emergency
vehicles.
The second area of contested ownership would be that
_ portion of East Bleeker Street, as improved and driven,
which lies within the surveyed boundary. This area is
claimed as prescriptive right-of-way and may be within
an existing access easement. The easement will be dis-
cussed with access and .cirulation problems. This and
the previous ownership problem affect the net area
available for development.
The third question of ownership regards the wedge of
land between the Gignoux property and Bleeker Street as
improved. Albie Kern has indicated the title company cannot
locate any evidence of ownership for the parcel, and there-
fore, it may be owned by the city. It will be necessary
to establish who ~ctually owns the parcel since the main
access for the project passes through the parcel from
Bleeker Street
Access and Circulation
The project shows access from East Bleeker Street, however,
the exact status and width of East Bleeker Street is un-
certain at this time. There is little doubt that at least
a presaciptive right-of-way exists although this issue has
never been decided by a court of law. Information at this
time indicates that considerably mor~,right-of-way may
exist from the project access point east to Spring Street.
Were only the prescriptive right-of-way available a minimal
two-way street without parking could be provided.
The greater problem is how the bottleneck on Bleeker Street
at the west end of the project can be improved and how the
circulation pattern should interface with the Rio Grande and
adjoining properties. At the constriction the pavement is
only 13 feet wide and generally lies within a 16 foot public
access easement. The 16 foot easement connects Bleeker Street
to Galena Street, but was closed by-the county's landscaping.
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MEMO -,Hal Clark
Gignoux Subdivision
Page 2 of 2
Access and Circulation (Con't)
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However the easement has never been vacated by the
city. The location of the easement on the ground
appears to be in question and it could affect the
boundaries of the Rio Grande and/or the Gignoux
property.
The Gignoux Subdivision will probably be impacted
by the ultimate circulation plan in terms of additional
right-of-way requirements. The present development
as well as existing and planned developments will
benefit from some type of looped circulation pattern
around the Obermeyer and Scott/aden buildings.
Although developing an overall plan for the Rio Grande
property and circulation is obviously not the respon-
sibility of the applicant, the project may be impacted
in tenus of timing since a final approval of the Gignoux
Subdivision would be premature without a reasonably well
conceived plan for the city's property.
Conclusion
In conclusion it is the opinion of the engineering
department that the project should proceed through
conceptual approval to allow both the applicant and
the city staff to give more detailed consideration
,to the above problems. Before final approval will be
possible considerable input will be required from the
Planning and Zoning Commission, City Council and
staff to establish an overall plan for the area.
.
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ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
P. O. BOX 389
430 E. HYMAN STREET
ASPEN, COLORADO 8161 I
TELEPHONE (303) 925-7411
May 17, 1977
Mr. Harold Clark
City of Aspen
P. O. Box V
Aspen, Colorado 81611
Re: Lynch - Gignoux Subdivision
Dear Hal:
As you requested yesterday, I am enclosing herewith.
a copy of an agreement between James R, Trueman & ASilociates,
Inc. and The City of Aspen Planning and Zoning Comm~ilsion
recorded in Book 282 at Page 62 of the records of P~tkin
County, Colorado which requires conveyance of a,n 8 l' pedeiltria,n
easement west of the Concept 600 Building.
This easement may very well be pert~nent to the question
of pedestrian access to the property presently under cons~dera,tion
by the Planning and Zoning Commission.
Yours very truly,
AK/jk
Enclosure
cc: Pat Lynch
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P. O. Box .V.
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The following emp10yees of the City of Aspen havo r.."a , "
and approved the Agreement between the City of Aspen Planning ',7" ,
and Zoning Conunission and James R. Trueman, AssociateBt' Inc..;~' , !,..U,'<:,';
by which Agreement an exemption under Section 20-10 of the' ",':f;
Aspen Municipa1 Code from th.. SUbdivision requlations of the " ,,' ,J;',"
City of Aspen has been granted in relation to Concept 600 Con,: ,',' ,,'
dominium, Aspan, Colorado. provided that certain conditions:' ,"/',:,;(.~~,,:!
as, delineated in the aforementioned Agreement' are actod upon;,"': <'
by James R. Trueman' Associates, Inc. in the manner therein" "" ~\':,
&qreed. "'." ".:,:,:.,.,':)"~,..,<,,"~-":~','~;~:-ir~ ,:.,',.':'
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",.-'1""" T". U er "\'>>"~:""""/('.:. .,?".:.,';:;-~~;~},~\,>Z-::">'-!'
, Attorney fOJ: th~City of Aspen ';-::",' ' ,;>,"/;: y;;~:]\~;
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Donna Baer ,'.; ..:~, .: ::: ;\i'~~~,~0.i~i.~#,~;t\~,;;:,::.-:,,~:' - f'" . ~'",
Administrative Assistant ,J" .~~
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Planning and Zoning Department ",' "" C"
for the City of Aspen :' " " ',', ," :",,, ""
\ ~~. M,,~.M>4
-::r....l:is S. Adams", .
cluiirman of the Planpil19 and" ,.'.\
,Zoning Commission for the
. City of Aspen, ,:, ,(';' :;:,,:
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December, 197~, ,by '~d~~en,JAMES,R: TRUEMAN.' ASSOCIATES,
INC., an Obi(icorpor~ti~~1'l:I:~~~.ed,~:'d~ b~~inea~"in Coloredo .,,::';~,; (
(ber..inaftElr 'r..ferr~' ~;aa::oW~er'J and, ''1'BB Clft OP ASPSII :PLAIl,,:':' . ~', >Ii
NING AN]) ZONING;'CO~~SI~N(~;~~~ft~r ";~f.~~~d;t~:'a~ tIl.. :'Plan-";':~
"," ,,/,," ~'~~",/~ ,,~"~~/'-,:"" tr' '<~<\;:'" "~ 'if' >: '-',' :,'-',<~,';,:~,'~~::~,',7~):i' ~'j < ;,,,,...'.""" , ," 0'
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nin'1 cO"'iasiOn")~"~':;;WI:;~. Ei~.:s ~ '1'H," (' " ::"
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WHEREAS. o.n;er .ba. title to ~Wll8roua parcele 'of land 'eituat!l ":'" "--;'!'
, ,"," ,::;,":....' :;."~~,....',;,/.i.'::"~...:::,...':",.-:--"-<);..,.- :'''''':, ':,;':,".,.: _."-'~:," ::_.:_-,>~-:.-;)..,:>:. ,~:
J.n tile City of Aapen',' :County::of, Pitkin,:" State'of c:Oloraclo" Which:",:,' >:,,~' ';J;i:"
.. ''';:',' '< "'.',.'" ,:,:,..",' :.;::!"",~(~"",>,:':'::::::::'~'.'~:'~:;"<>:' ":',:'-,','-.' ''':,~-'';,-:~<::;:;>'\:i';}-t:~,::,: ;',',~:;ii',\~,?\.~.
parcel. are I1lOrepart.icularly cle.cribabl...as followa, 'c:'.,' .,"::,; .,'''' . '.' 1;
. ("". '::'''':';;''<_':,'.. ""c':"., "::,.';:,::,'" ':':" :"",,1:__,':""'-:"_ "::"",, ': " )"-,' "',\:': ,';,:;, ,:-': ""y""tl
Lots 'K,' "i/ M~'" N_,':O', "p',',:' ,0/ It,~,: AJ\d s,',:'aiao. known';~~b'~:~~;;'(.. . .
. as Lots 10,'11,,12,,13, 14, 15,.16,',17, andU,'..:. :',: '..
B10ck 20,.)last: Aspen Additional '1'owIIeit", and . ': "" "".. ,':; ,
',:- ,'~" :' " .:" '" '..,;,,~, '" ," \>,':":'-" ,;J ;, ;,,'-;-',:-:,.' "'-"\'" ,": :~~'T/::, ,"":,.' ':'~'" :';i'<:\, . " " ":t~,"':'1t'~:\1,
,WHEREAS, owner has improved 'tIl""abov..-cl..scribecl' teal ptcperty ~,.:;. ,;"i
, ,-' '," ~ :': "': ' , - ,-, ':" " , ":" : : " '- , ", ' , -:,' , , ,'''- " - ,'~-',' "," ,'" ." - ~'... :... .
::: ::.::.,i<0{:i:::.zz,::;::::r: :::":;;1
unit. sbal1 b.. tJ:e~t~:~4& int~'1ral parte of the ai~'1l~ COnd~~Wll ",i:- t
project ,(hereinafter 'referrecl ~o as :~conCept 600") I and
, '," ;': ''<: , /",',' ':-'(';"~ ",;(:: :''':--;,:',.)/>, '~_' :",>: ,_.,,: ::- ':'-:;' c. ," '-"':_,'",,;>- ,.- :'-"'-:...
WHEREAS" Concept ,,6,00 'Wall ,developed in two (2) "pb....., "tIl.. ",,:i' "
, , ,.',,; :~\,... n,_ ", ~:" ':~, :"",',:~. > ''':_ ,,", e:~.. ',:; -," ," ;.. ;': :,1, .- ,;', :'; ,:,'--, : ,:';," ,C,' :: ' , ~ ,'; ,,' '., , ',::: ,,",", " :;':' ~~' .::'~~~
'first to' contain; fifteen '(15)', resiclential: conclClRiniwo.uniu',:aftd ;.." ,
" .' " ':' "~',::,_,>,, <.',,/,; ';~.':, <:'::""':"",'~':" ",',,,,,':' :',','~..::" ,-,,:" "J- ':',,~, :::;.',:,0:' ::;:~.,l'-"".,,,,~,:>::,:,,,,:::" '(,: ,.-', ': .~;~ -:', ~
the second to 'contain an Ldditional ,fifteen :I1Sf:reaiclential COI'\-'
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.clominiWll units and one "(1) cOI\'ll1lerciall, ancl.' ',; :'l, '"i:' .":' '.
" ," ',;~:",' :,< }-:':'::.- "''':, ,:,:,:;,_':"': "', .-";'"1,',, :~.;/:,~ '~:,:< "<'" ",:', :',:;:,:: .'.":'e;. ~') , .')' ::,' : ':;, ';-\~ "" ":; , ,,:::,:,." "
, WHEREAS ,tIl..;'conatrlictioli'""of "Pbaaei of 'Concept: 600,. W4& 'eem-
. ...' ,", '"J,:~,,~':"~'i'<':::'~<':::{'>"''''':'::''<i'''':: _':"i-'\::";"",:, : ':':'::':,'-, ';, ~ :,..~'''::, , ,:,'" '_:' "',:/:,.,'''':';,'.: _' , ',' ',-,
pleted and a:'CondominiWll Mllp: Ule4 fOIr: public reCord in .Book 4 at
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. Pages 383-4;,'ancl'i cOnaomfni~;'D"claraii~n .tiled for',PubU';. r~d . ,
.' ? ",.-:': :,"_,:,:,"::',.I..,.,<:.;";.,;"'.:/,,,,~,",,,':"::,:-'...: ,':'--' ":~":,',,~': """"'-::';;:';',," '-':"'.'f:'~' "":,;'--",;:";,,,,--:.., ',;,-, ,'~''-~
m At.P~'1" 5,~5.'Of t~~ Pitk~~,,(:ounty ilecorde,;5onMaYII/u, ::~~:
1973, to ,..Vicl..nce tIl~fact'.ofoompl~tionof;1ibat l'ba..i,wlllCh;, '. :~,,".'
<')': ' ,::.-',:' ,:: ','''', ": ',':::, ,~"':::' ""q ,'" "'.' ':"';", ',:": ,',' ': ,;:":' :':', ',~:'" '.'- -'.'"", ,"':''':',,, ,,", " ,_ "" "::',' , ,,: ".~ ~...- ,.... ~ ,1
act~Of. filinli w";Ga;comp~.iQ~led ~l~out of,f1~ial .Pl'xt\~~l tlr;tlto;':'.'~~;
.City,bei~~ r~qUirecll.:~n'l::}" '>c';,'':,; ..,. . . , ',~');~":( 1;..
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;~)~t{~.;:;:. at this tiJna of. filinq for public record a
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.'...." ,'Supplementary Declaration which shall il\clude and qovern.
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~;~..::' .".:.: Phases I and II of Concept 600 and since it appears that
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WHEREAS, Concept 600 is a s~~ivision within the moaninq '.
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of Section 20-10(c) of the Aspen Municipal Code in that the land.
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platted into lot. and blocks by plat recorded in the Office of .the:',,,: .{,~'::;,
" ,:, -'-~:'i:,~:)~iY"}~,Jt3::.ti;, ~,
County of Pitkin Clerk and Recorder and which have, in the. jUdi::-,.;,,,,,;,,",..J,.:::t '.
. . , ::;,~,);;;;:\;:":':L"- !'<, __"_;:~
ment of the Planninq Commission, fulfilled all pertinent desiqn'.(;"":;',..' . .'
. '-~\'.'." ,L~~K;'~/~~~-}':,::;:~;,>/:~~"
, requirements contained in the subdivision regulation, and ;:::' ;:;~;-" ,~~_.:-'_::<:.;::,;,y"",-,:-:.,"
WHEREAS, pursuant to said Section 20-10, written,~~p~~~f~:fj~~~~~i~~
tion for such an exemption has been made to the Planninq' Cooais'" .",,:::..,. :.; . "I
sion oIi December 4, 1972, and' the grounds for gr.ntln9'!;':~~~It-~~:~:;:\;~}'V;;:;:~':;,::~;"v;~.;~ i
, , '. ,',' ',: ;-,"';,", -:': : ~,>,:'~">~:',>;:J~-::Y['.:\,,::',',:, ::<-~~';'<>'";" '
emption have been entered in the Minutes of the quntinq' ,body ~"<'.~ ': .::'-;:: : ",.
by InOtion or resolution duly adopted, and \;'::,' ",;";':'i;:>l~y:::"> '_<~:'::~.::~~,.::~,"'.' '.:~::~,\~~,
WHEREAS, the Planninq Commission has fully' c~~~~~er~~/~~~~:},i~;.;~;~i
such application for exemption for Concept 600. and' did,. at' .its,,;.-: ;'. :":':;~:~~:'i,";
. , . :', :,::::',< '::""',.:,>/:,~",-..:':;' ':~,'Zj~;~:(:~;;<;';irL:Jf(~'/1~'
meeting on Oecember 4, 1973, qrant an exemption under. aaid ... ;....... t-!: . ',,'.' c,. ,t . ."..'.
, ",. ,', " :' .,>', ,,' :':'> - :,:: ,,', ,," ': >,-:~>;,:,:::"",~/:":"'<".' -, """-~'~::~:';;~;
Section 20-10, thereby permittinq dth~ ,laWful Ulinl/of, 'Sllch.. ':"'/:.:~y;; :,.,!~>
Supplementary Condominium MaP,,.subje.c\:.' t~ certain ob11qatory' ~Y:;'~:""'" ,.';,.::.t,-;i
provisions to be impose<l~n. ~er' h.;~1naft.r enumerated~lo~ ~~<::',;':' : .~-W
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are deemed to protect,. prOlllOte'.an.tellhanca.the public velfuet, i.....(:..... \. c',\(
. ' and ' .::~.:,} ~':: ';,\,:"; ;':...;;,: .',' '.::' :'::;.~X..;,i:,;.;.~,.~~)':.'f.'.'~,;,'...':.f.'
.." :" :, " , ' , -' ::,"": ". ~ ' """', ':' ", ,"'; ',' I , ;, . .. . .. ''''. :'1.:.'_.. - . .-. .. ,
WHEREAS, owner is"wUlinl/"'to accapt':lUId a~.. to' the' afore" ~:"'., c". ~', \,
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.the lII..tua-l covenants' cQn~dned hereinafter, Ten and"00/100'.'-:-"::.',. :'."'~:!~'~:
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Pollars' (nO.OOI /and'otborllOOd "and valuable 'consi.d.r.tlon'~ ,:',,; :'...." ""';",;.
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~~< ", .an'encumbranc~J~t shal~, r~. wi~ ~,~:. b~.herein described and."..,. '
: L:i: ;'~\; ~,~~',:', '~S':>~,U,::.~~,,:8.~.1,~,.~~ridu.<,_re..,,~::~,~~, '..~~~.:~.~f,er~~~~~:,c'f,::(~,~",~~'fT~~:\:'~~;7,.:j,~.~~a,t~.,:~.,r;{". :'-~~. h ~.:
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: ,;. -'l:'::,;,,, feet in width!'nd shall runpatall.l~i1;h, and<~t~e8n,:.,th!!..lfe.tern ..' <~.,l!;~,>',
: 'i;4"'~.}_'" ,.~'>.: ';i, ,- - ,:-', ", .', ',. -'-',' "" ':. ", ~"'/ :,'. ',', , "-";;~" -::' "': "Jr, "',', ,,->. '_ ~ :(.:".,.,',,1', :':,0'
j "..i'~- : .: facing of COncept 600 and the Western' bounda:ry 'o~..,tJ".:.real. property " ....,... '.~..
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1 ~\'::: ;, upon which Concept 600. is located (that:~undary'.l>ein9d~nominated.."':;,( ,
'-..""" ao North 14"50'49" B. 100.0.':;'. vacated Portion of.'Hunte~IStreet'~~}'c'.:>..;::.,
, Ill.;,. '~? ',;. ." ,i '_ ., ':' ; , ., ," ,::'. ' ",., ."". ", . '- !: " -< ., >~(~; ;:i,-':: ::,"" :';, ", ' . . ," ',:, -':.;':7 ::,.; i.;::',~, ;~,~ ,: ,lpv
:'';,:''::. ,,,C" on the' afor8lllentioned Supplementary Condominium Hap) ~' :' .Owner shal,l ~,: ., '" :1,/. ;.~
:~;Z~,t?~~:';,\ ., cona truot and maintain 'this"": e~~:~~'~~~~'ra ~,:~,:~,~,~,~\:,~~,:".~'t~e:~~~::': ~~~"~~h~~~;:{'~{t'~~:;:~);UJ'~~',;~;
l,;'~,:, .~.. utilize material of a qu~lityand at' ai.~os~toreatio~~~l; ins~~<.',;""/::rS
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f;;J the durability of such easement for .thecoritinued!s~~eu~e bY, I'e~.{<:./;<,,;
.~./.'.'::.:,'::,'-.~ destrians. It i. understood, and the,City hereby aq'rellS ;thaid:he :j,;)'t,,', ~":l.
',-- - , , ",;",_ ._,,', v' ': ,:.' ,:;; "";"'I:l"~';'/;:!'~)J;t:':'~~"H:'.~
. '. , uSe by pedestrians of said ea..ement.'shall ~ perlllisSib~~ in~o~ar.\:/';,;-/.;,.',~..,;:
t,:;Y':';' as such use shall not cause physical damaqG of 'or destruction to ';."(..,;i'~:f}r
}f/< ' ',' :: ' , ,.' '-"' ,', '-~,' ::.." '.-> . ,',:: ':i,':,,,', ,:.>:, ,':'\-'":..");:-'::,;:~' <>:;~-\(<:,;',,,::~.:-::'~',,;~1i~:i::>,,';'.,'.ti:-\V~
.' .. . '. '. the residential and commercial. imprOV8IIlents', cOntained' within' con-.(: ,::. ;.:"Y. .... .:/-,
E\;,.' cept 60::' OWner shall present, 'uPO~'L~U:i~l:Y~~i~i(~~ie~~{ii~)~~Jr'f~P
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Li or as soon .tbereafter as is reasonably possibl..~".the"City'..witli 'a:":;;~;'d:;:;:.~(.t
~ ;..~ certified check in the amount ~f. One ~ousin~.'~'nd, :~~~~o:. .:.;c;.{':~r~:'~~;?,:J{S;
($1,000.00), which check, shall be h!lJ.d by .the 'C:ity' as" pedorillance i,.....>' 'i'.,',:;.
t,'" '" " ",:,:;:~'. _ ,.' ".., '",""';, ,.-:/ ", :..":; :> ,:\".:"~o~'~:~rt~:l~,*~:&~~;<
. bond in relation to a drY.!lell and drainage plan to reduce tunoff;~:,,<:.,~:'''~
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Ll..i.~:",.,....on the Subject property. This'plan sha.ll be sullmittecfino:lllter: than;;;,:;.".t',
~:b../ 'JUlY 1, 1974' to the C:ity;: In tb~ eve~t tIIai;o..n'c'r"n .~bata~tiat~~:;i~:;f~
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4 ;t?:, with reasonabl.. . justification th~t a prop~,~' drai.na.g~.Plan .Q~n be;~:\Y:">:\'li
1 ,..,. instituted for a sum of'less thA'n' One Thousand a.;dOO/loO'.'Ool-.:c;':"',':;":;:'
'; I" ;, ". lax:s. (~l,OOO.OO), the City. .ballfe~,r~~ .~iir '~or~G'dift~r~," '::;"'~(11
. .' entJ.al. which ma~' exbt in such' circumst,ancelh'; l:n the" furtbei:.vent' ;;..
. "that Owner' 4~"llnO(S~bi.itsuci~pia~/~'; rilqUi~ed .~~upon: ~'~~i$~i~~' .l;
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of ." l'lal'l.40ctll not elleoute suoh plan, tho City,o! Aspall b:be~o~l' ..'
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In this latter event, the City is
3.
OWner shall,by resolution duly adopted by the Board of
~j..,_'-~.; ,:",:,,~:C'
:~~~;~F)~: ,/~' Directors,
cause the Concept 600 Condominium Association, 1no., ,4
Colorado corporation, to obligate itself to carry out the foregoinq
undertakings outlined herein and to aqree, upon written notice, to
. include Concept 600 within any street and/or drainage system dis-
trict as may at some future time be created, insofar as Concept
600 is in fact within the bouQdaries proposed by the petitioners
endeavoring on behalf of the creation of such districts.
4. The City Shall, subject to the above paragraphs, be
bound by the. Planning Commission's act of granting an exemption
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;.forconcept 600 to the subdivision regulations pursuant to Section
'20-10 oftbeAapen Municipal Code on December 4, 197i, . thereby
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, pemi ~tin,g the
, and thereafter
lawful filinq of the Supplementary Condominium Map
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the sale of the condominium units in Phase II, as
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CondominIum Map.
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5.' This Agreement shall be bindinq upon the parties here-
to.and, :their respective ,heirs, personal representatives', aucceasors-
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IN WITNESS WHE~~OF, the parties hereto have hereunto set
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r./;,:;->:.;':~':' OWNER. .
d'''.",,, .:JAMES a. ,TRUEMAN, ASSOCIATES,
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tbeit hands and seals as of the day and yoar first above
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INC.
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':THE CITY OJ? ASPEN PLANNING'
,ZONfNG COMMISSION ;
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SCHEDULE A
Order Number: 7030
Commitment Number: CC44$65
1. Effective dete: May 16. 1977 at 8:04 A.K..
2. . Policy or Policies to be issued:
A. ALTA Ownerls Policy
Ptoposed Insuted: PItI: t.DCli
Amount of tn~ranC8. Premiua
$
,120.000.00
$372.00
8.ALTA Loan PoHcy,
Proposed I",ured:
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$'
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5.00
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$ ~ 'CarUf1cate
c.
lJAT.AI.n A. ,GI<:lilO11.l1:
3. The estate or' interest in the land desqribed or
is at the effective date hereof vested in:
and"cove,ed,raerein isfes limple 8nd title t~.~eto
4. The lend referred to in this commitment is
"
A tract of land, being part of Section 7. TOYtlsbip 10 South.
the Sixth Principal Mer:l.d1an. being also a 1><1 of lllock 20.
TOWl;ls:l.te. sdd tracl: being described as follo
e 84 Vesl: of
s,t .\8pa1a M41t:1.oual,
of tot 5 of Block 20;
fe1i\t to the c nl:erline of the alley ill AU
Beginning at the Northust cora
tl1ence South 14950'49" West, 110.
block;
thence North 7S90 'I " West along
the intersection h the SOutherl
1 in said 1I10<:k 20;
, thence North 049OS' 67.55 feet;
thence North 19-49' W s 13S.63 feet to l:he South right-of__y line of the road
on the North aide of aaid Block 20. being the Northerly line of Land described
in deed, to li:li&abeth Borstuer Calla.han.recorded August 23, 1961 iIl1look 195 .
at page 79;
thence Easterly along sa:l.d Northerly line and the North Une of llUlli described
, in deed. to Elizabeth llorstner Callaban. -reCQ~ded J'anuaQ' 4. 1960 ill ;Book 189
, at page 4.53. to thEi Point of llet1nning. '
4 centu-line, appro:ld.mately 150, feet to
olongation of thEi Veaterly 11lla of tot
"
EXCEPTING TEEllEFRO..'1. all that portion lying Easterly of Centerl1lla aa ~e liorta
and South projel:t:I.on of the c:erl.terline;~ 'tot; 3 ill AU lllDck 20. .
','.'
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Count,. of PLtkill, State of Colorado,.,
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8'rl~WAnT TITLE
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, ,.,,',SC.HEOULE 8'- Section 1
Order Number: 7030
Commitment Number: CC44865
Requirements
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The following are the requirements to be complied with:
Item (aj Payment to or for the account of the grantors or mortgagors ,?f the full consideration for the estate or interest
to be insured.
; :," Item (b) Proper instrument!s) creating the estate or interest to be insured must be executed and duly filed for record.
" ""to.wit:
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(c) Duly cert1fied cOpy of Ordinance of the 'C:tt7 Council of the C1ty of ABpea
vacating the following described propertY:, The North half of the alley.
lying ..outherl,. of and adjacent to 1.ot8,;1. 2. 3. 4 atlG S. 'Block 20. Best
A_ U... 4__' '" _4 ' , <""c,'
' -pen ....~l:;,..,v-... ..OIal.....t.e.f, ,r:,ii' \ , .
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liOTE: If sald ordlnance reserves essem.ente or right" of vay forllt111c1ea..;, '
or other purposes. the pol1cy,~g,~e ~eption of the same.
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(11) Deed frOlJ1 NataUe A.. Glgno\lXl1l1ld h~);",spouse with recital in tbe body.'
. signature. and acktlowledgment,thetgrl'll1tors are husband and wife, to
Pat Lynch. If Nata11e A.,Gignl:lUXtsnot married thea recltal ahollld
be made 1u the bod1.a1gn,ll,tU1':e;!8tl,~:4C~ovledgment that &rantor 18 au
~Qwomau. ~!t';':/i,::},:"-:v~"~~""';~:'!,:::.::,~,~:r-'~":~";";';:';'.)-.~'(-.:;",:'"" ":.i :,'-, ',..:..' .
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SCHEDULE B -,Section'2
Exceptions ,'. '\'i" i'~:'"
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Order Number: 7030
Commitment NumberlCC44S6S
The policy or, policies to be issued will contain exceptions to the followi'ng unle.. the same are disposed of to the
. satisfaction of the Company:
" ,"
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements. not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records:
4. Any lien. or right toa lien, for services,labor Or material theretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbranCes, adverse claims' or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment. '
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Taxes for the year 1976 aud tl'lereafter,and any special assesSIlleut or:'
charges 1lOt yet certified to ,~off:i.ce:of.tha County Treasurer.
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7. Right of way for ditches or. caMleconstructed by tbe authority of the Un1tecl
States all reserved in Unit~" S,tatQli Patent recorded in Book 185 at page 69.
8. Sewer e8Gelllent as describl'ld iu deed, toAapen l{etropolitu Sauitat1GG
District. recorded .luna 20, 1~72 in llook 264 at age 574.
"""""" ','"
9. .Any tax, assessment, fees or ,.::}Ul%'ges by re8SOD
subject property in the Aspen.;Fire Dis
S8DitatiOll Disn:iet. -rw;C1,t riof
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the inclusion of
ict, Aspen Metropolitan
Valley Jloap1tal D1atr1c:t.
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Exceptions numbered
are hereby omitted.
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STEWART TITLE
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V~Oloo" 11...1.. Juno 4.0'. .'11"
'-&BY r:. Mtkl1ch. UcorUr
.....Z64 rA>LS74
ourr ClAIM DEED OF BASEMENI'
Nat.,l teA r:i ,'nnl1V
(hCl."cin. "sralltor") for and 1n conS~ueration of Oil'" wUar (f;1.00) in nand paj.d olncl
ocher f.oo,Jd and vo1.1u4blc: c:c.hs1dcrfttio.,. tllO 4dc(luaey 400 receipt of whieb are herel:ty
acki'!'JvlcuSOl.\. dClcs hereby rcnli&\l, relc(ltu~" sell,_ auign. convp.y and quitclaim unCO
ASPEN furrRo~OLIT^N SANITATIONUIS~a!~~, a qua6i municipal corporation organized
under the laws Ot lOG Stat~ of (;oll,)~'..do. (il(::J:'cin "^lipl~n Y.etro") its sUCC:U&I)U
and assi~\1s (orever. a perrctual ticwo!r C4lien:unt and right-oi-WAY, over, upon,
aerosli, in, through and ",nJ"'~, thut tihnrc. C.lItlltO ar,d ir.torest of grantor in ~nd. ,.
to any portiouof the roal propccty situatcd in the County of Piikin and State
of Colorado which is ocseribed in tiurvey 18-1) 0' Joimson-Lool;feUow & Auoc.,
Inc. Attached hereto an<'.. b,y chi:; rdc...cnco~dc u part bel'Clli.
Grantor hercbyc;,uitcl~im.>; t.:o j\tli)(~I\:-:etro t:IC right tOCXCo1vatu for, illstall.
&:cjJlac:e. rnaitlto\in and use tluch c~,ll~ctioll. <Oi."ainalle, or cJilllio~al lillcs. interc:epdna
sl::wcrs, outfall &l::wcrlJ, trl.<l\k SC\oICi:'Il, ..I\d t'G,utpmenc 1l1l\1 appurtenanCf:!8 thl:!reco
vtthill Iloaid cus<:...cnt au ,\IIII'oll' };\,ll:.l'u f....yi...)ln tll',I<.' to ..imc elect. Grantor further
ctuitc:h.lms to Aspcn %o'.ctro thu t;'l;ht. of illi'....eu "ad egress to And from said casement
over ana acr<JslI iir,],nl:orts property uy MlihUI uf roacls and l..ln.:>s therei1\, if such
there be, othi!rwhe by such routo or r()utt!s as sru.ll oceaN ion the least ?racticabl.
dnr:1dt;t! :l.Ud inconvenL~n,=e to grantor. Gl'untor rOStH'VCS the r.i.l~ht to utillze and
enjoy tho a.ihlV.. descrii.led o::as~l11unt j'll:'..:tvhlia.; tho"! s..lno shall not interfere with
the coustrucci,,", r.~incen..ncti, rctl..irir;g, ii'lIij),!cCiun 4l'1d operation of any such
sewer i.:lcnities uJ: Hue. In C;.~ I!vcnt th,],t il: it>n':c~lisary to repnir or rnllintain
an~ sew~r idciliti~s locat~u withi~ S~\Q o~ben~ntf Asp.:" H4tro will, insofar as
r~..a~n.:luly rossiblc, restore thu ~r~~crcy co i~. original condition eXjst1ns at
the ti~ such repair cOlllOOnct'ld.
TO lL\V'~ AW TL),Utn.i) the Silll"'=. tOool:.l..c:( with all and 61nr,ular the a?purconanc..
an4 privij.e~~tIi It-.~''''CUI1C;O bell)nt.in~ or in ..."ywist:ti~rtll.<l\C;o Appercaining. co the
use, henefit and behoof of ;\sp.m :-:etro, itt> liucc:eti~or&..i1nd assigns forever.
Wil,mover used hCl'cin the s.i.I\I~l.ilal:' r.l.lr.J)(Il.' "hall il\clutie the plural, the
tho &inaular, and ch~ use of any gcnuc~&hall hc a~plicable t~ All senDcra.
of the covenants bordn shall be 01.OO1n; I.IpOI\ the respective he-1rs, personal.
representatives. suc:cc&&ors and assi&n& of tho parties here~.
Execw.ceci and cl.U.v.reci chia / .:J-bf day of C/ '':'-'''---'1
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COUNtY OF ..;~#-:.. l
55.
The fQriUgoin~
. day of
instNm.::nt was acknowliUdg~ buforo
, 19~. by
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Wien... -r. .han4 &04 oif1c1Al senl.
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ENDORSEMENT ,NO. 1
to be attached to and forming part pf:
ORDER NUMBER: 7030
COMMITMENT NUMBER: 44865
Schedule A, Paragraph 4 is hereby amended to read:
A tract of land, being part of Section 7, Township 10 South, Range 84 West of
the Sixth Principal Meridian, being also a part of Block 20, East Aspen Additional
Townsite, said tract being described as follows:
Beginning at the Northeast corner of Lot 5 of said Block 20;
thence South 14050'49" West llO.30 feet to the centerline G7f the alley in said
block;
thence North 75009'll" West along said centerline, approximately 150 feet to
the intersection with the Southerly prolongation of the Westerly line of Lot
1 in said Block 20;
thence North 14050'49" East 10.30 feet 'to the Southwest corner' of said Lot
1;
thence North 04008' East 67.55 feet;
thence North 19049' West 138.63 feet to the South right of way line of the
road on the North side of said Block 20, being the Northerly line of Land described
in deed, to Elizabeth Borstner Callahan, recorded August 23, 1961 in Book 195
at page 79;
thence Easterly along said Northerly line and the North line of land described
in deed, to Elizabeth Borstner Callahan, recorded January 4, 1960 in Book 189
at page 453, to the Point of Beginning.
EXCEPTING THEREFROM, all that portion lying Easterly of Centerline and the
North and South projection of the centerline of Lot 3 in said Block 20.
County of Pitkin, State of Colorado.
I~,ali other respects, said commitment remains
unchanged.
BY:~
Authorized
.
STEWART TITLE GUARANTY COMPANY
Date:
Name:
May 25, 1977
Lynch/Gignoux
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M E M 0 RAN DUM
TO: Dave Ell i s
FROM: Hal Clark
RE: Gi gnoux Conceptual Subdi vi s i on
DATE: May 16, 1977
Attached for your review and comment is the Conceptual Subdivision
application for the Gignoux property located behind Concept 600. The
Planning and Zoning Commission will be setting a site inspection date
at thei r May 17, 1977 meeti ng. Of parti cul ar concern,i s the status
of Bleeker Street i.e. right-of-way, future use, etc.; the access to
Gignoux and the ownershtp of the triangle of land between Gignoux and
Bleeker Street. A title search is in process for ownership of the
Gignoux property and proof of legal access. The applicant has stated
he will comply with parking and F.A.R. restrictions in more detail at
Preliminary Plat stage.
Imk
enc.
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (HC)
RE: Gignoux - Conceptual Subdivision
DATE: May 13, 1977
This is a request by Natalie Gignoux for Conceptual Subdivision
approval of the Gignoux Subdivision consisting of 0.58 acres
(25,244 square feet) and located on Bleeker Street immediately
behind the Concept 600 Building. The property is zoned Service/
Commercial/Indistural (S/C/I). The proposal would divide the
property into two (2) subdivided lots: Lot 1 = 13,773 sq.ft.;
and Lot 2 = 11,471 sq.ft.
Lot 2 is presently developed with a one story and a two story
building housing Bishop's Garage. Lot 1 would contain a new commer-
cial building partly to contain a Sears, Co. outlet store.
The comments of the Planning Office are as follows:
1. Due to the existence of present development on
the site, we recommend a site inspection be
conducted by the Planning and Zoning prior to
any action on the conceptual subdivision.
2. Comment from the Engineering Department has
not yet been received. We are particularly
interested in the status and plans for the
use of Bleeker Street. Also, the proposed
access to the Gignoux property traverses a
triangle of land, the ownership of which is
unknown to us at this time.
3. The area of the existing buildings need be
examined in relationship to the proposed size
of lot 2. Parking and appropriate land
should be reserved on lot 2 to meet City
zoning F.A.R. requirements. The zoning Code
requires 3 parking spaces per 1,000 sq.ft.
of commercial building area.
4. We had suggested the applicant pursue a P.U.D.
plan for this site, however the zone code
requires a minimum of 27,000 sq. ft.. of land
for a P.U.D. application. We support a var-
iance from the Board of Adjustment to allow
this to be processed as a P.U.D.
5. In summary, we recommend setting a date for
a site inspection of this property and we
defer specific comment until receipt of the
additional information requested above and
review by the City Engineer.
lmk
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