HomeMy WebLinkAboutcoa.lu.su.Herndon.25-80
BOOK 492 PAliE428
:0. ~
=
"" .....- N
~o
<:r) """'"
(")1'T; -...J
-;-;
..b. ~;; 0
..... ::0"" W
.::- m:b-
.." (')z
= O:z: (J1
::0,."
0"", ..t:>.
= ,..,
is the "-'Owner' of a
more particularly
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, DONNA LEE CURTON TRUST, ("applicant")
pracel of land located in Pitkin County, Colorado,
described as:
PARCEL 2, Second Amendment, RNDON SUBDIVISION,
according to the plat thereof recor e in Plat
Book 16 at Page 49 together with an easement for
ingress and egress, utility, water line, and off
street parking over Parcel 1, Herndon Subdivision
Second Amendment as set forth on said plat.
Y'2 :5'
C{
WHEREAS, the applicant has constructed an office building on said
property, and
WHEREAS, applicant has requested an exemption from the definition
of subdivision for the purpose of subdividing the existing building
through condominiumization, and
WHEREAS, the Aspen City Council determined that the subdivision
of the existing building through condominiumization is not within the
intent and purpose of the subdivision ordinances set. forth in Chapter
20 of the Aspen Municipal Code, '
THEREFORE, the City Council of Aspen, Colorado, does hereby
determine that the proposed subdivision of the building located on
said property by its condominiumization is not within the intent and
purpose of the subdivision ordinance and dees, for such reason grant
an exemption from the definition of such action.
Dated:
(2~F6,
1985
~~~.'
yor
,J4'~ "
I, KATHRYN S. KOCH, do hereby certify that the ~~going
Statement of Exemption from the Definition of Subdi~ 'tW'fs.
consider. ed an<happroved by the Aspen City Council at i~. ~, ....:,..f>.~.
meeting held _~ p ..4~ ,1985, at which time tQ1e '~""
t~e City, of ~en was auth rized to execute the same "onb~air?', ' '~~'y ,~. ,~
C~ty of Aspen.. 'i. : " J:il.~.;>;"
. -', .' ,.....: '~
b
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
/J The foregoing was acknowled this ,6'YA./day of ...'\II\\i,:;;;;,..... ,
~~oci 19p8;:s::allY known to me to be the Mayo..~!J;t~~.~,(t-
Clerk, respecitvely, of the City of Aspen. 0/ ~\'"'\tL74\,.p
: ~" :.-
Witness my hand and official seal. '.... .4.}!V\\J,~ j , ~
My commission expires: ~-2'X-88 ,.~..:,.',--'..~-~~.$~":~.
~\~.l Jw'&b&':<.'..."~ f".'
A~. ess: /&5 ~. ~~iC
_,{} ~ ---1') /
)
b/VACA2!7 .29.85,
';';':::;_;;".ii;f:2'~
~~
~,
\
V I.{r5U
';"\';:"'.~,,-,~,.'
.. ,,~.
v;er7<~1/t.. J' CI-"'.i~f~~
;;'..,i;,pt.A-' .rrr '
J -::0>0
Recorder.
Recorded at
Reception No
4'?.5.
.~ ,.....--o'c1oclc
p
August 15 ~O
M.,
Loretta Banner-/"
RECORDER'S STAMP
';uUJI 393 ri.:~ 2-11
THIS DEED, Made this
8th day of February""
,19 80,
between
U. C. HERNDON, Jr.,
ofthe County of Pi tkin
Colorado, of the first part, and THE CITY' OF ASPEN,
and state of
AUG 151980
$ ,.~-
0-
.~
.
whose legal address is 130 South Galena, Aspen, Colorado
81611
of the County of Pitkin and state of
Colora.do, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of ten dollars
($10.00) and other good and valuable consideration ~
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 party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part
has 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: All that portion of land situated in the
NE 1/4 of the SW 1/4 of Section 12, Township 10 South, Range 85 West of the
6th P.M., City of Aspen, County of Pitkin, Colorado, lying westerly of the
centerline of Castle Creek described as follows: Beginning at a point on the
centerline of Castle Creek being the southwest corner of Parcel "B," Herndon
Subdivision, Pitkin County, Thence along the centerline of Castle Creek and
the westerly boundary of Herndon Subdivision as follows: N 13020' E 43.00
ft.; N 09013' E 29.00 ft.; N 10038' E 37.00 ft.' N 08041' E 39.00 ft.; N 080
24' E 28.00 ft.; N 19017' W 28.00 ft.; N 47000'30" W 7.99 ft. to the southwest
corner of Lot 2 Parry Subdivision, Pitkin County, Colorado.
~:ts,,-kn~n-a'!"meet""'2m:"d."fttt'ftl"ber-
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 part y of the first part, either in law or equity, to the only proper use, ben fit and behoof of the said party of ,
the second part, its heirs and assigns forever. I
IN WITNESS WHEREOF, The said part y of the first part haS
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
..
, Jr.
SEAL]
[SEAL]
[SEAL]
STATE OF COLORADO, }
_,\.:tHI~~ltf/'<h, ' . ss.
",', ~~ ',/..l'tU' 1,( "I'"" countYOf~
'.0-).~~",,~.~~:<I'::.t.~/~;~oing instrument was acknowledged before me this
*'" "';::," '1'",. ";'''~;y -;
/it "',;' 1Il.lllt,. b'Y.,.....'c N. C. HERNDON, Jr.
:.: e.;,.. '\lIA!',}'" 0 '
'" : \-, ~ Q/I'- 17Z
E : ~ cort!..rrtis~ion expires Iflt'T' ,196t . Witness my hand and official seal.
"- ' :, ~UB' \V "0 i-
~~ l~' :., ~ I t~../.~:,:? ~~~
:..:.: '..".~~~ e
~~ ~ 0: ~ C C~
" 'I '.,\."
~'tJ,,,,,, ,I'
[SEAL]
g-f/..
daYOfd--d~
~~/~
Notary Public.
;,
~t,
No. 933. QUIT CLAIM DEED.-Copyright @1978 Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado (573-5011)_ 6-79
I
II
e
!
\/
4:27" , P August 15 19~
Recorded a~----t~~_o clock~_"_M., -~ '
, " " '. ~ Loretta I:lanner', '
ReceptlOnNo Z~,., ~--------
3'93 "2'19
_i:>.J.W.l~' "', . - :';,:1..~,r, ;' 'f""
. " :1".'.~.';'L_'
Recorder.
RECORDER'S STAMP
THIS DEED, Made this
day of
August
,198Q.
SHTE DOCUMENTARY FEE
AUG 151980
$..............:::::.-Q_-:::-
between
CITY OF ASPEN,
of the County of
Colorado, of the first part, and
J?itkin
and state of
N. C. HERNDON, JR.,
whose legal address is c/O Cooley rnvestment Comp1\ny, 405
South Hunter, Aspen, Color1\do 81611
of the County of Pitkin 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
($10.00) and other good and valuable consider1\tion PO~bA~r
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 remIsed, released, sold, conveyed and QUIT CLAIMED, and by these
presents do es remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, his heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part
ha S in and to the following described lot or parcel of land situate, lying and being in the County
of Pitkin and State of Colorado, to wit: All that portion o~ land si,tu'lted in the
NE 1/4 of the SW 1/4 of Section 12, Township 10 South, Range 85 West o~ the
6th P.M., City of Aspen, County of Pitkin, Colorado, lying easterly o~ the
centerline of Castle Creek described as follows: Begin?i.ng 'It a point on the
centerline of Castle Creek being the southwest corner of Parcel "B,"
Herndon Subdivision, Pitkin County, Thence along the centerline o~ Castle
Creek and the westerly boundary of Herndon Subdivision as follows: N 13020'
E 43.00 ft.; N 09013' E 29.00 ft.; N 10038' E 37.00 ft. N 08041' E 39.00 ft.;
N 08024' E 28.00 ft.; N 19017' W 28.00 ft.; N 47000'30" W 7.99 ft. to the
southwest corner of Lot 2 Parry Subdivision, Pitkin County, Colorado.
a+~-B:6-6k-e@o~~~
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 part y of
the second part, hisheirs and assigns forever.
IN WITNESS WHEREOF, The said part y ofthe first part ha S hereunto set its hand
:~:n::lsealed a::eD::~v::~l:i:a:::r::~:eo::e ::itten, cr~p~ 79 L4~ V u "'~~~.A~l
By ~ r~~.'.;'~ys:~;Ws
-~. ,.,c:.'',i'<'-
Herman Edel, M'Iyor f .:, ::,\'" ':
~ : ": "f-B!I~~J
~ ' ' y~,:;~iJ-" ~:
#':'[i'P;:ALV,
C. .., "..~ .:
,:J.:t~....., ,...'.-:" ,~"'\."),\."::
':' ;, ,;,/,1, ;I.:.1fJ t,';:..,\'
"'/"~1//11'-,11\\\\"
ATTEST
STATE OF COLORADO,
} S8
County of
The foregoing instrument was acknowledged before me this day of '~"
19 80, by' HERMAN EDEL, as Mayor and K th 4!f K h C' Cl k' f
a ryn 011' oc as lty er'o the City
of Aspen, Colorado.
My commission expires
,19
. Witness my hand and official seal.
l\'otary Public.
l~-
No. 933. QUIT CLAIM DEED.- Bradford Publishing. 15165 West 44th Avenue. Go]den, Colorado 8040] _ (303) 278-0644 -2-80
e
]
~
1
I
I
I
I
I
I
h
,
,-,
-,
No:, 25-80
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED:
6/20/80
STAFF: Sunny Vann
2. APPLICANT: Newlin Herndon
3. REPRESENTATIVE:
Gi dean Kaufman
925-8166
4. PROJECT NAME:
Herndon Resubmission of Final Plat (subdivision/lot split)
5. LOCATION: "property located at the West End of Francis St. overlookina Castle
Creek"
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
______Growth Management
HPC
--
Subdivision
Exception
Exemption
__70: 30
Residential Bonus
_____Stream Margin
_____8040 Greenline
View Plane
_____Conditional Use
Other
Resubmission of final plat.
7. REFERRALS:
~ttorney
~Engineering Dept.
_____Housi ng
Wa ter
____City Electric
Sanitation,District School District
Fire Marshal Rocky Mtn. Nat. Gas
Parks _____State Highway Dept.
Holy Cross Electric _..Other
Mountain Bell
8. REVIEW REQUIREMENTS:
, ,
;-,
1"""\
..
9. DISPOSITION:
P & z J Approved J
C-o J). \ ~ LO~\
Denied
--
Date~ L. 4 I l'1 '2s'o
- ~ 0 '\ v\..A c-t~\ "^-) f\r-.L ~ ~~ 't-'O~ ~
~I!~ (1,0" 0... . ~IA- w,\\) c;.,L-L9- 'YL
I
I\Q..<..Q~.Q ~ wI(]\... (h ,,\~~ ..",,~D'J'\'D- ~
Counci 1 J Approved J
~ k<. ""Je.-
Denied
Date ~i~\ \ ,\ 1k-o
10. ROUTING:
-borney
I
Buil di ng
';:gineering
Other
~\
,--
MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Herndon Subdivision
DATE: July 17, 1980
On December 17. 1979, the Aspen City Council approved! the subdi visi on of an
approximate ly 44,250 square foot parcel owned by Mr. ,N.C. Herndon. The
parcel of land, which lies at the west end of Francis~Street, is zoned R-6
and presently contains a single-family residence. The subdivision falls
under the Growth Management exemption identified in Section 24-10.2(d),
which allows for the construction of one single-family residence on a lot
subdivided after the effective date of the section where the tract of land
to be subdivided had a pre-existing dwelling and no more than two lots were
created by the subdivision. The applicant, however, upon receipt of Council
approval, failed to record the final plat within the specified time frame.
Section 20-14(c) states, "Failure on the part of the subdivided to record
the final plat within iiperiod of ninety days following approval by the
City Council shall render the plat invalid. Reconsideration and approval
of the preliminary and final plat by the Planning and Zoning Commission and
City Council respectively will be required before its acceptance and recor-
ding."
The Engi neeri ng Department has reviewed the appl i cant's resubmitted plat and
recommends approval without conditions. The Department would like to point
out, however, that two quit claim deeds are required for the western boun-
dary. These deeds should be recorded with the final subdivision agreement.
The Planning Office concurs with the Engineering Department and recommends
approval of the applicant's preTimin.~r'y plat, subject to the above conditions.
The Planning and Zoning Commission concurred with the Planning Office and
Engineering Department recommendations at their July 29, 1980 meeting and
approved the applicant's resubmitted preliminary plat. The Planning Office
recommends that Council also reapprove the applicant's final plat.
.~... :
."'~:~ ~'~';..~.~.~,..~....~.,.c.:.~ ,~:__"
//
""""
~
.")
II
PUBLIC NOTICE
RE: Herndon Resubmission of Prel iminary Plat for Subdivision
-
NOTICE IS HEREBY GIVEN that a public hearing will be held before
the Aspen Planning and Zoning Commission on July 22, 1980 at a meeting
to begin at 5:00 P.M. in City Council Chambers, 2nd floor, City Hall,
130 S. Galena, Aspen, to review the resuomission of the prelimi'nary
plat submitted by Newlin Herndon for the subdi'Vision of His property located
at 941 West Francis Street, Aspen. For further information, contact the
Planning Office, 130 S, Galena, Aspen, Colorado, 925-2020 ext. 226.
/
,
/
Sh010f Hedstrom
C'airman
Aspen Pl anning and Zoning Commission
Published in the Aspen Times on July 3, 1980
CBill to City of Aspen account.)
\
~
,.-.,
MEMORANDUM
TO: Dan McArthur, City Engineer
Ron Stock, City Attorney J
,FROM: Sunny Vann, Planning Office
RE: Herndon Resubmission
DATE: June 23, 1980
The attached letter requests re-examination of the Herndon Subdivision
Final Plat, whose time frame lapsed before it was recorded with the City
.Clerk. It is scheduled to come before the Aspen Planning and Zoning
Commission on July 1, 1980 at their special meeting; if you have any
comments, please see me before June 26, 1980.
..-._-.,,--_.~
~,~,'" ,..--... ,., .._''''~~--..........---,~. -~.,.............,,-~:.~. ""~~"""""""""'-'!-~"";'~~,~...;:.:._ !r.';'" ~-~",.,...,-.",...~, """':"~_""'''Y..
"'"'
~,
LAW OFFICES
GIDEON L KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN, COLORADO 81611
GIDEON I. KAUFMAN
DAVID G. EISENSTEIN
June lS, 19SQ
TELEPHONE
AREA CODe 303
925-8166
Sunny Vann
City of Aspen Planning Office
13Q South Galena Street
Aspen, CO S1611
Re: Herndon Subdivision
Dear Sunny,
I represent Newlin Herndon, and on his behalf, recently
secured from the City a lot split of his property located at
the West End of Francis Street overlooking Castle Creek.
This lot split received P & Z approval and final City Council
approval. After securing City Council approval, Lin
unfortunately ran into a number of problems that prevented
him from filing the Final Plat in a timely fashion. ~2Q-14 (e)
of the Municipal Code of the City of Aspen requires that a
subdivider record the Final Plat within ninety (9Q) days
following full subdivision approval. We are, therefore,
requesting reconsideration and approval by the planning
commission and City Council per ~20-14 (e).
I believe that this matter can be expediously
accomplished. Nothing has changed to affect the validity
of the recent lot split, no ordinances have passed nor has
there been a change in Council position that would prevent the
lot split today. I have included with this application the
Final Plat mylar which has been executed by Lin and the
surveyor. The only signatures that are needed are those of
the City.
If you have any questions on this matter, I would
be happy to discuss them with you. I hope we can set this
matter on the next available P & Z agenda, July S, 19SQ.
Very truly yours,
~
GK kw
Enclosures
~
r--\
~
MEMORANDUM
TO:
~N!",'t _~
~Grice, Planning Office ~
Louis Buettner, Engineering Departmen~~~
FROM:
DATE:
December 11, 1979
RE:
Herndon Final Plat
After having reviewed the final plat received December lQ, 1979
for the above sUbdivision, the Engineering Department recom-
mends that the subdivision is placed on the Council agenda.
The Engineering Department finds the final subdivision plat
is acceptable. The Engineering Department would like to
point out that two (2) quit claim deeds are required for the
westerly boundary.
January 24, 1980
The above comments applicable for resubmission of Herndon Final
Plat.
MEMORANDUM
TO: Aspen City Council
FROM:':
RE:
DATE:
.
Richard Grice, Planning Office
Herndon S~bdivision - Final Plat
December 12. 1979
, .
In order to give you'some background on the subdivision. we have included
in your packet a copy of the preliminary plat memorandum which was presented to
the Aspen Planning and Zoning Commission in July of 1979.
The Planning Office and the Engineering Department have reviewed the final
plat submission for the Herndon Subdivision and have found the submission to be
acceptable. h inee"" _ entw U'>l .... "nt out that two uit
claim dppd~ 're re1"irpd for the western boundary. These deeds s ou e recorded
with the final subdivision agreement.
"\P~(loVf.O ~' Crry t;;14tJtJJC ON 17(17/77
.
.
.
,~
i"'"'"
""",""",,k;_:', .....,,;;:;~;.;""~,', ., .~-,....~"""~.:.......".,~~t-,,_""'I~.<;.C':'.-.!:l:;;~,'ffi-_~_"".;:~,_"-""~"",,;:,,,,:;,,,,:~,,~,:,,",.~;_,.__ a.........
ee
',/
,..:JI,lWolI.oI>e-.-, ._C~','''A'''_
~
,~
MEMORANDUM
TO:
Richard Grice, Planning Off~ce ~
Louis Buettner, Engineering .Departmen~'I'./
December 11, 1979
FROM:
DATE:
RE:
Herndon Final Plat
After having reviewed the final plat received December lQ, 1979
for the above subdivision, the Engineering Department recom-
mends that the subdivision is placed on the Council agenda.
The Engineering Departmen~ finds the final subdivision plat
is acceptable. The Engineering Department would like to
point out that two (2) quit claim deeds are required for the
westerly boundary.
January 24, 1980
The above comments applicable for resubmission of Herndon Final
Plat.
1""\
:~
A
f
.' i
, .
.
p*
<,\/
I
'10';
I,'
"t~
~',J(~Ij.~. . .... - '"'" · ' !!11
}fi;k;l2~"k ' I .. " , ..,'f '
~' . .. . """ , ..,__-...'....j ......." i., ",- "., -:" .......'\'.,'~__4~t:E~;,
;.. . ~ J;i'r" .'..~.~,~~~", ~ t~'A,i~:..::.~~d~\:,~~~.bci~;:,-:;'L:,;~,Ztt:L::, .; :;'.{i:~\:t.:~\~\.ti~~~:,~:.__ ">- '...i"~i"':;..~... t;,
.,oJ..
,;;<..,:,....-,
~~:....,'~~.-
......
,_~;c~t,:;'_.j'
~. ,:c. . I
.~,.~ .
~ . "..,'
. .
HEMOR-MlDUM
FROH:
'Richard Grice, Planning Office .~
Louis Buettner, Engineering Departmen~~
DATE: November 23, 1979
,-
TO:
RE: Herndon Subdivision, Final Plat
...
After reviewing the final plat submitted for the above subdivi-
sion, the Engineering Department finds the following,corrections
are needed:
"v
'.
.
. ..
On Page 2
1) The uti:li ty easement crossing' parcel "B" for parcel "A IS'"
utilities is not proposed but is to be an "underground
utility easements"" remove the \'Iording "proposed relocation
oftl.
2) The access and underground utility easement across par-
cel "A" must be defined by'bearings and distances.
3) The rOi.d and bridge area .is to be dedicated as right-of~
way, so it will not be p'art of ,parcel "A" or "B".
4) Quit claim deeds are needed for the westerly property
line. The deeds will be between the owner and 1:he City.
'l'l1e fOllowing -five items. are cOl:'rection, to' sheet.' one. They may.
,C?I:""may not ha,ye been past on to s.urvey'engineers.
.5) The book number for the recorded easement upper part of'
parcel', "A" is 189, not 89.
6) In the legend and notes the contour lines were from 1974
.AspeJlAerial Survey, not. 1975.
7) The \'Iater line easement upper part parcel "A" may be 1':
feet, not 18 feet as shown. T.he deed should be checked.
's'
8}
Add a:mote for why the parenth~sis were used
tances' shown.
on 'some d ~s~
,""
9) The work preliminary should beiremoved. This is a finql'
plat.
~.~,::'I,
"1JIllIJl!'~""'f.":f"""I\'"'' ....'...,.. ,,'.
;._~-,~,.~-..,~.~~.. ,.q>"., ~.{,~ ~
.[."".7r-o-.T.'..'~.~~ '
~ ':i."," ',' ,,' ,0 ' ",. >~~,,~<':~,;::~\fl
"""',',",,~~~"'I
. ... ' , ""~" ',' ,,' "1 I
i
"
''e~. . ")
.,.J
,-"
,~
>,-
ME~lORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
~Markalunas, City Water Department
Bob Jacobs, Fi re Marsha 11
FROM: ./ Richard Gri ce, Planning Office
RE: / Herndon Subdivision - Final Plat
November 13, 1979
Attached please find plat of the Herndon Subdivision titled "Preliminary
Plat of Herndon Subdivision". However, this plat has been prepared with all
conditions required. Would you kindly review th':s plat and inform me if it
meets with your appl'ova1 so that ~Ie can schedule the Final Plat for review
before the Aspen City Council. Thank you.
5~
~~
~'(J
7ft/Ii
.
,/~,
~d;1/ 110,
o
~~~~ ,
,~ _. ~~.v..,..
-.. ~. '" ~",.,__, ., .'M,.
,....
_::;'~."~ """~'
:.~
f"""'.,
,-.
II/ ;z,--",
'-1::, -.___,
I~'.,,:.r -L.. ..",'.
~-_/{
.'
PUBLIC NOTICE
_/'/:' ,/,,-
'l L-O · '7""
, ,'.' ,<
Re: Herndon Subdivision - Preliminary,P1at
NOTICE IS HEREBY GIVEN that there will be a public hearing before the
Aspen Planning and Zoning Commission on Tuesday, July 31, 1979, at a meeting
to begin at 5:00 P.M. in the City Council Chambers, 2nd Floor, City Hall, 130
South Galena, Aspen, to consider the preliminary plat submitted for the
Herndon Subdivision located at 931 West Francis, Aspen. Further information
may be obtained at the Planning Office, 130 South Galena, Aspen, 925-2020,
ext. 223.
Isl Olaf Hedstrom
Olaf Hedstrom, Acting Chairman
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 12, 1979,
To be billed under City of Aspen fund.
,.
-.. .-,._'.,7_.._.."_......._
,;
<'
,........
Herndon Subdivision - " I Adjacent Property Owners
The Crystal Palace Corporation
Box 32
Aspen, CO 81611
Patricia L. Poe
930 West Francis
Aspen, CO 81611
Harold E. Valley
Box 4518
Aspen, CO 81611
Ci ty of Aspen
130 South Galena Street
Aspen, CO 81611
Katie Skiff
920 West Hallum
Aspen, CO 81611
:;
Carl Bergman
923 West Francis
Aspen, CO 81611
Wright-Gant Enterprises
Box 9492
Aspen, CO 81611
Betty Jane Harbour
c/o Cynthia Jane Harbour-B1eskan
2895 South Vine
Denver, CO 80210
-----,
,~
,~
~
TO:
Richard Grice - Planning Office
FROM:
Jim Markalunas - Water Dept.
DATE:
7/6/79
SUBJECT:
Herndon Preliminary Plat
After discussion with Dave Ellis, City Engineering Department,
we will permit (only) one connection of a water service line to
the existing 14" steel main located on the South side of the water
easement under the following conditions.
A. One connection only.
B. Service isolating valve that can be operated by a
conventional valve key (i.e. 2" Cast Iron square
head gate valve with street box).
C. Parcels A & B must both be serviced off of this
service line, so that in the event there is a
problem with the serv~ce, it will not be necessary
to shutdown the transmission main.
D. Thirty days notice prior to commencement of water
service tap, in order that we may purchase a special
tapping saddle and valve. All specialty items re-
quired to tap the 14" steel line will be paid for
(as an additional charge) by the persons making the
water tap.
S nc:re~~
J m Markalunas
JM: j mr
./'"
~
~"
MEMORANDUM
TO:
RICHARD GRICE, PLANNING OFFICE
FROM:
BOB JACOBS, FIRE MARSHAL
DATE:
June 26, 1979
RE:
Herndon Preliminary Plat
On April lQ, 1979 this office sent you a memo giving concern to
fire emergency access proposed on the original Herndon preliminary
plat. Approximately one week later I met with legal council for
the property owner and a member of the city engineering staff to
consider an alternative access that would satisfy municipal codes.
The revised access proposal, though not complying fully with the
A.M.C., should be adequate in case of emergency.
jk
cc: Dave Ellis
,.....,
,,....,,.,
MEMORANDUM
TO: City Engineering Department
City Water Department
City Parks Department
City Electric Department
Fire Marshall
Rocky Mountain Natural Gas
Mountain Bell
Aspen Metro Sanitation District
FROM: Richard Grice, Planning Office
RE: Herndon Preliminary Plat
DATE: June 22, 1979,
Attached please find Preliminary Plat for the Herndon Subdivision. This
item is scheduled to be presented to the Aspen Planning and Zoning Commission
in a public hearing on Tuesday, July 31,1979. Therefore, may I have your
written comments concerning this plat no later than Monday, July 23, 1979.
If you cannot meet this deadline, please contact me immediately, 925-2020,
ext. 223. Thank you.
^
,.......,
MErI;ORIINDUM
TO:
City Engineering Department
Ci ty Itia ter Depay'tment
City Parks Department
City Electric Department
Fi re Marsha 11
~ky Mountain Natural Gas
t10untain Bell
Aspen Metro Sanitation District
FRO:i:
Richard Grice, Planning Office
RE:
Herndon Py'elim-jnar.Y Plat
DATE:
June 22, 1979
Attached please find Prelim'inary Plat for the Herndon Subdivision. This
item 'i s schedul ed to be presented to the Aspen Pl anrl'i ng and lon i ng Comm"i ss ion
'in a public hearin9 on Tuesday, July 31, 1979. Therefote, may 1 have your
written comments concerning this plat no later than Monday, July 23, 1979.
If you cannot meet this deadline, please contact me immediately, 925-2020,
ext. 223. Thank you.
/$
cJ~.7Utf~tJ;a~ ~p_
~
jJ~. /J1~~
;htt-7IJA1.
..-,
GIDEON I. KAUFMAN
<Att.w~ 01;'~...,.
BOX 10001
1280 UTE AVENUE
ASPEN, COLORADO 81611
(303) 925~8' 66
June 21, 1979
Mr. Richard Grice
Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Check for Herndon lot split
Dear Richard,
-,
NEW ADDRESS:
Box 10001
611 West Main Street
Aspen, Colorado 81611
Enclosed please find check for two hundred eighty
dollars ($280.0~for the Herndon lot split. This payment
is being paid under protest. I have spoken with Ron Stock
and Section 20-20 of the Aspen City Council code on
subdivision fees will be amended to reflect a more equitable
fee structure for the R-6 zone. Since this amendment will
not take place until after we have paid the fees, we are
paying them under protest so as not to delay the subdivision
procedure.
If you have any questions on this matter, please
feel free to contact me.
Very truly yours,
!JL~
Gideon Kaufman
GK ch
Enclosure
-..
~
~
@
Mountain Bell
Grand Junction, Colorado
May 2, 1979
Richard Grice
Aspen Planning & Zoning Commission
130 South Galena Avenue
Aspen, CO 81611
Re: Herndon Preliminary Plat
Dear Mr. Grice,
We have reviewed the preliminary plat on the Herndon property and found
the Utility Easements to be satisfactory as shown.
May we suggest the fOllowing phraseology be used in the dedication of
easements within said subdivision.
"And hereby dedicate to the public all the streets, avenues and roads
as shown on the accomp~nying plat, forever, and dedicate to the UTILITrES
those portions of real property which are labeled as utility easements on
the accompanying plat, as easements for the installation ,and maintenance
of utilities and drainage facilities, including, but not limited to, elec-
tric lines, gas lines, telephone lines; together with the right to trim
interfering trees and brush; together with the perpetual right of ingress
and egress for installation, maintenance and replacement of such lines;
said easements and rights shall be utilized in a reasonable and prudent
manner. "
We believe all preliminary, as well as final plats, should show the dedi-
cation or reference to the particular "Protective Covenants" which will
run with the property. Also, all "Private Roads" should be dedicated to
the utilities for the installation, maintenance and operation of gas,
electric and telephone lines. No easements should be dedicated to the
property owner, cities or counties exclusively; all easements should be
dedicated to the utility companies.
,-.
Herndon Preliminary Plat
May 2, 1979
Page 2
-.
@
We appreciate the opportunity of being able to review this plat.
Very truly yours,
(~' A: JI~/
d.:. Kilmer, SR/WA
~- Right-of-Way Agent
P.O. Box 2688
Grand Junction, CO 81501
cc: Survey Engineers, Inc.
Pitkin County Commissioner
Bill McDaniel, Mountain Bell
Nick Marquez, Mountain Bell
Gene Krill, Mountain Bell
JCK/j Ih
,-
,~
MEMORANDUM
TO:
Aspen City Council
Richard Grice, Planning Office ~~
Herndon Subdivision - Conceptual Review
FROM:
RE:
DATE:
April 19, 1979
The Planning Office has received an application for the subdivision of 44,250
square feet of 1 and area owned by Mr. M. C. Herndon, Jr. The parce 1 of 1 and
lies at the West end of Francis Street overlooking the Castle Creek, is zoned
R-6 and presently contains one single family residence. The subdivision falls
under the Growth Management exemption identified in Section 24-10.2(d). That
exemption allows for the construction of one single family residence on a lot
subdivided after the effective date of the section, ,where the tract of land
which was subdivided had a pre-existing dwelling and no more than two lots were
created by the subdivision. The proposal is to split the property approximately
in half with each parcel containing in excess of 6,000 square feet of developable
land area, less than 30% slope. If the subdivision is approved, ",Parcel B"
would be restricted to single family use.
We have received a comment from Jim Markalunas of the Water Department in
which he expresses some doubt that an adequate water supply can be delivered to
"Parc€! 1 B". Marky suggested that we check with Dave Ell i s to see if there are
any alternatives.
Dave Ellis, City Engineer, has reviewed the proposed subdivision and has
identified several concerns. One of those concerns includes the problem of a
water sUPE1y identified by the Water Department. In addition, Dave expressed
concern over access to "Parcel B" and with the inclusion of the prescriptive
right-of-way for powerp1ant road and the Castle Creek Bridge as well as other
access and utility ~asements. Dave feels that those concerns can be satisfied
and recommends that the application be approved so that the applicant can
proceed to the preliminary stage at which time a detailed examination can be
made of the concerns expressed in his memorandum to the Planning Office of
April 11,1979. That memorandum is attached for your review.
The application was reviewed by the Aspen Planning and Zoning Commission
at their regular meeting on April 17, 1979, at which time they recommended you
approve the Herndon Subdivision conceptually, subject to the understanding that
the applicant will address the concerns expressed by the City Engineer at the
preliminary stage.
We recommend you approve the subdivision conceptually as outlined by the
Planning and Zoning Commission.
~
,-\
MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Richard Grice, Planning Office
Herndon, Subdivision-Conceptual Review
April 12, 1979
The Planning Office has received an application for the subdivision of 16,625
square feet of land area owned by Mr. M. C. Herndon, Jr. The parcel of land
lies at the west end of Francis Street overlooking the Castle Creek, is zoned
R-6, and presently contains one single family residence. The proposed subdivision
is therefore exempt from growth management in accordance with the exempti on
identified in Section 24-10.2 (d). The proposal is to split the property
approximately in half with parcel lOA" containing 8,725 square feet and parcel
"BH, 7,900 square feet. If this subdivision is approved, parcel "B" would be
restricted to single family use.
Dave Ellis, City Engineer, has reviewed the proposed subdivision and has
identified several concerns. He feels that those concerns can be satisfied
and recommends the application be approved so that the applicant can proceed
to the preliminary stage at which time a detailed examination can be made of
the concerns expressed in his memorandum to the Planning Office of April 11,
1979. That memorandum is attached for your review.
We recommend you approve the Herndon Subdivision conceptually, subject
to the understanding that the applicant will address the concerns expressed
by the City Engineer at the preliminary stage.
"....,
'-".
M E M 0 RAN DUM
----------
TO:
RICHARD GRICE, PLANNING
DAVE ELLIS, CITY ENGINEER~~
FROM:
DATE:
April 11, 1979
RE:
Herndon Subdivision - Conceptual Review
In reviewing this conceptual subdivision application, the engi-
neering department has found several problem areas. The first area
of concern is with the access to Parcel B; the access as shown is
not adequate since it is both too narrow for emergency vehicles,
and new entrys on arterial roadways are prohibited, A second area
of concern is with the inclusion of the prescriptive right-of-way
for Power Plant Road and the Castle Creek Bridge within the pro-
perty ownership; dedication of these rights-of-way will be neces-
sary. We would also want to thoroughly examine the extent and loca-
tion of the other access and utility easements indicated on the
survey and in the title committment. The third area of concern is
with the supply of fire protection and domestic water service as
indicated by the water department.
Although the present concept for subdivision of the tract into two
lots is not acceptable to the engineering department, we feel that
modifications such as providing access for Parcel B from Francis
Street may provide a viable subdivision. We also feel that the
question of water supply can be satisfactorily resolved.
SUbject to the above concerns, we would recommend approval of the
conceptual subdivision so that the applicant can proceed to the
preliminary stage at which time a detailed examination can be made
of the concerns expressed here.
jk
cc: Gideon Kaufman
,
c'
,.-,
'-,
MEMORANDUM
TO: City Engineering Department
City Water Department
City Parks Department
City Electric Department
Fire Marshall
Rocky Mountain Natural Gas
Mountai n Be 11
~pen Metropolitan Sanitation District
FROM: Richard Grice, Planning Office
RE: Herndon Preliminary Plat
DATE: April 3, 1979
Attached please find preliminary plat for the Herndon Subdivision. May I
please have your comments with respect thereto no later than Tuesday, April
10, 1979 as this item is scheduled to be presented before the Aspen Planning
'and Zoning Commission on April 17, 1979. If you cannot meet this deadline,
please advise me immediately at 925-2020, ext. 223. Thank you.
-rHI3IC-e: wll.-'- ~ e: ;..-<> ('f11 O"'/"~1'1 1'-" SIZf'-"""<.-t-a- -rills
fdCOP;!) fer,
5 \/~b,i VI [/"Q....
t- IrH 5A--nA1't"-
r--''le-rt--." rre s. f I+~/t-e
A Ii- 1;:
, ,,, 4 ~y T t.l4 ( toJ '" VI"" /~ /'IF- c.4l"tr C.I r y r-a",-,
S EO v@-,z..AI.- ___tJoo-';;'S ,-i?"....,~ rm /j"
A r.,f> I1'N-1< '-
H~":)/~,-aJ-' ~ .
.~p
fti 'nO-- .A-"1&!j
>---S.lf~.2.~-~"':
'-~--""-'_'.c:~..::;..:.
n_., :_,.,_~:~'-:~~'~~~'_:-..~:~,:"""m.~_:::.:.."'~';~" .;...._~. lJl'!_~.;., -
r ~"- ...:
"',:...',.,'~,;:Z!. -:::;.,
._...." :.-_",."."...,.z......'-.
.--~ -:
""J;I.. "'.J,
_ a.
'-'""""")::l';,1....,:~.
---: ~_. J>+, ..-
.,.;~,~" "~ , ~:~. '~.~~)-.~~:"'... .
. .' '.~""
..,.. ...
"-...-...,,.... ....",
.' ._._-,...~.~.,...__.
r--.
~
MEMORANDUM
FROM:
RE:
City Engineering Department
~ty Water Department
City Parks Department
City Electric Department
Fire Marshall
Rocky Mountain Natural Gas .
Mountai n Bell
Aspen Metropolitan Sanitation District
Richard Grice, Planning Office
~O;...lC:A D\~q\
Herndon Pl/:li",:.:\ir'y Plat
','
TO:
,
DATE: Apri 1 3, 1979
Attached please find preliminary plat for the Herndon Subdivision. May I
please have your comments with respect thereto no later than Tuesday, April
10, 1979 as this item is scheduled to be presented before the Aspen Planning
and Zoning Commission on April 17, 1979. If you cannot meet this deadline,
please advise. me immediately at ~25-2020. ext. 223. Thank you.
~
.~ C>
liD Wikw f)~
l.dT(PAlGeJ 73),
AA
~
,
jpJfV
~
'j,/tf 'JII';\ <:(' < '
/:; ~' ';;::1) '!~
/JIviv:..J
~
~d, vJ
(J~
.4.
~
----
r
g;~ ~; N6 S~ ~.4fS
!114c/,j5. (cL/(~ fJH'~
YdY~
\
~)~
4'
~tN-V
f~
~
,',
YtJ
;V6~
ff~
f5.
vJ,.JfJ W
5~~
~.
We; u)~N<Yt- ~
~K '
~~~
~ ell A;f4/iJ.
. __.__'~_---"':""-_~,;_ ...._~.":,.<'.:Io,,
~~~.."-
-.'
,-~.._,,-,".-'_-,._..,
..,-" .;... . ". ,_.~-- ~""'_'"
"""'-"'''',"'''',,,,,''-''_.'''''---'-''-'-~'''''''''''._'-:--"'
I""'
.-,
M E M 0 RAN DUM
TO: RICHARD GRICE
PLANNING
FROM: DAVE ELLIS ""'~-"L
ENGINEERING J,..L
DATE: February 21, 1979
RE: Herndon Lot Split - Request for Subdivision Exemption
After reviewing this application for an exemption from subdivi-
sion, the engineering department recommends denial on the basis
that the lot split does, in fact, fall within the intent of the
subdivision regulations. Specifically; the parcel is unplatted
and would result in the formation of two separate parcels for
conveyance. The primary purpose of the subdivision regulations
is to provide a plat of public record for the conveyance of land,
Several other very similar applications including the Buckwheat
Apartments Subdivision, Mills Subdivision and the Parry Subdivi-
sion were denied exemptions for this reason.
In addition to the concern for a recorded plat there are addi-
tional engineering concerns which should be addressed during
subdivision. Among these would be the property description over-
lap onto the shop road and Castle Creek Bridge, utility easements
on the property, and access to parcel B.
The engineering department recommends that if the applicant wishes
to proceed with the lot split that a full conceptual subdivision
application be submitted to the planning office.
jk
cc: Gideon Kaufman v"
,-,
,-"
MEMORANDUM
TO:
Ron Stock City Attorney
Dave Ellis, City Engineer
FROM:
RE:
DATE:
Planning Office
Herndon Lot Split
February 2, 1979
Attached is an application for a lot split submitted by N.C. Herndon, Jr.
Would you kindly return your comments to the Planning Office during the week
of February 19, 1979.
Thank you for your attention to this request.
.
.
'-',
I~
""' "
FEE SCHEDULE
(City)
Name of Project:
~. &7f,'nt
Address:
Applicant's Name:
Applicant's Address:
Amount of Payment:
AI. C . #udo,u. J~ Phone:
/L7a/."t bw &,Q~,v /C~ - ~o_ ,cfJ' /PDo/
(j-' L ~ ~2.~_.w~(:
1> '50 <rl) Date: /.,2t" r'1 C~ /i/o. //2z..
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION, the Subdivision
Fee Formula is as follows:
Conceptua 1
Prel iminary
Final
$100 + $5.00/dwe11ing unit
$22.00/dwe1ling unit
$3.00/dwe1ling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual
Pre 1; mi na ry
F i na 1
$100 + $60.00/acre of land
$280.00/acre of land
$35.00/acre of land
~XEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00
REZONING APPLICATION FEE: $125.00 (once a year)
CONDITIONAL USE: $20.00
p;;/7Q - lit>
~/t '2/71';9' ;L <rtJ
-t$S-CJ~ fur ~
f~ ;A/
"
_~~'~e.:~:rw~-<;;~....;...,;;.,:~,.,,:i;"-'~ ,_-:x,
, ~
. ~~~~..::;.;..:;.:,:;,..;..:-,,:.;;..:;,.:.;,.~ :::":.:,~~,~";~",:",,<.._,::,,~;;,;,:;,,~,,.._,,,.;,,"-,
.' -----'-__'. ,,-'O""-_'A._
1"""'\
,.-."
"
AL T A OWN[ n's POLICY -- Amende\.. .0117{70
SCHEDULE A
Order No.: 8251-C3
Policy No.:
o 244939,
Date of Policy:
JANUARY 5, 1979 AT 8:00 A.M.
Amount of Insurance: $ 265, OOQ. 00
1. Name of Insured: N. C. HERNDON, JR.
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
N. C. HERNDON, JR.
.4. The land referred to in this policy is described as follows:
See EXHIBIT A
Page 2
STE'VART TITLJ-
GUARANTY COMPANY
,
,"""'"
!""\
EXHIBIT A
------
A tract of land in the NE 1/4 of the SW 1/4 of Section 12, Township 10 South,
Range 85 West of the 6th p, M., Colorado, more specifically described as follows:
Beginning at a point on the North line of State Highway #82 at the intersection
of the westerly line of the Town of Aspen as said line existed on February 21,
1957; thence N. 7"38" E. 3Q4.9 feet along said westerly line to the northerly
line of Francis Street; thence N. 75010' W. 421.5 feet along the northerly line
of Francis Street produced westerly to the centerline of Castle Creek; thence
S. 44010' E. 218.0 feet along centerline 'Of Castle Creek; thence S. 100' W.
195..88 feet along centerline of Castle Creek to the Northerly line of State
Highway #82; thence S. 7501Q' E. 226.07 feet along the northerly line of State
Highway #82 to point of beginning; 1\11 in the City of Aspen, Pitkin County,
Colorad,o.
EXCEPT the following described tract: Beginning at a point on the north line
of State Highway #82 at the intersection with the westerly line of the Town
of Aspen as said line existed on February 21, 1957; thence N. 7038' E. 8.0 feet
more or less; thenceN. 7501Q' W. 7.35 feet; thence N. 10015' E. 95.8 feet along
fence line; thence N. 87023' W. 167.44 feet; thence S. 100' W. 83.00 feet; thence
S. 75010' E. 162 feet more or less along north line of State Highway #82 to
point of beginning.
'ALSO EXCEPTING from the above described property, a parcel of land as set forth'
in instrument recorded February 15, 1966 in Book 219 at page 18.
ALSO EXCEPTING from the above described tract, ,a parcel, of :,~nd described as
follows: Beginning at a point on North line of Hallam Street' and intersec~ing
with the West line of City Limit Line as said line existed on February 21, 1957;
thence N. 75010' W. 7.35 feet; thence N. lQo15' E. 164.8 feet along fence line
to intersection of said City~imit Line; thence S. 7038' W. along said City
, Limit Line to point of beginning.
ALSO EXCEPTING the tract described in Book 213 at Page lQ4 more particularly
described as follows: A tract of land lying in the NE 1/4 of the SW 1/4 of
Section 12, Township lQ South, Range 85 West of the 6th P. M. Said tract is
more fully described as follows: Beginning at a point on the north line of
Francis Street extended, westerly (Francis Street being a street in the City
of Aspen, Colorado) from whence the Northeast corner of the NE 1/4 of the SW
1/4 of Section 12 bears N. 9015' E. 297.17 feet; thence N. 75009'11" W. 42.80
feet to the center line of Castle Creek; thence S. 54043' E. 207.08 feet along
the center line of Castle Creek; thence S. 36.19' E. 46.QQ feet along the center
line of Castle Creek; thence N. 6205Q' E. 89.12 feet; thence N. 3058' E. 41.61
feet to the north line of Francis Street extended westerly; thence N. 75009'11"
W. 244.65 feet to the point 'of beginning.
ALSO EXCEPTING a tract of land in the SE 1/4 NW 1/4 and the NE 1/4 SW 1/4 of
Section 12, Township lQ South, R1\nge 85 West of the 6th P.M., more fully described
as follows:
-,
-.-,.
>
/'""'..
^
Beginning at a point which is the int,crscction of the Aspen Townsite line b"tween
Corners 6 and 7 and the North line of Smuggler Street whence the center corner
of said Section 12 (which is "a brass cnp in place ,marked center 1/16 Cor., S"ction
12) bears S. 65049' 3Q" E. 361.55 feet; thence S. 7"38' W. 335.18 feet along
said Townsite line to the intersection with the prolonged ccnt,erline of Francis
Street; thence N. 75007' W. 187.51 feet along said centerline of Francis Street
prolonged to the base of steep bluff; thence N. 3058' E. 196.Q5 feet along the
base of the bluff; thence N. 7042' W. 156.03 feet along the base of the bluff
to the prolonged North line of Smuggler Street; thence S. 75007' E., 234.47 feet
along said,street line to the point of beginning,
County of Pitkin, State of Colorado.
";" f
.
. "
.,:
i J
.
.
,-,
^
.
SCHEDULE B
Order No. 8251-C3
Policy No,: 0 244939
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
',.2. Easements, or claims of easements, not shown by the public records.
3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5.Taxes for the year 1978 and thereafter, and any special assessment or charges
not yet certified to the office of the County Treasurer.
6.The right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises,
as reserved in United States Patent recorded in Book 55 at page 35.
7.An easement for water line 16 feet in width, together with the right to enter
along the course of said easement for maintenance and repair of said pipe line,
as set forth in instrument recorded December lQ, 1959 in Book 189 at page 32Q.
8.Encroachment by the dog pen, as now located, into the property adjoining the
subject property on the East as shown by the survey of Survey Engineers, Inc.,
dated September 17, 1970.
9.Pole line easement along the Southerly line of subject property as revealed
by survey of Survey Engineers, Inc., dated September 17, 1970.
10.Easement granted Aspen Metropolitan Sanitation District, recorded May 17, 1978
in Book 348 at page 113.
11. Easement for private drive recorded in Book 183 at page 286.
12.Any tax, assessment, fees or charges by reason of the inclusion of subject property
in Aspen Fire Protection District, Aspen Metropolitan Sanitation District, and
Basalt and Rural Fire Protection District.
13.A fifteen-foot roadway easement recorded in Book 172 at page 197.
14.Deed of Trust from N. C. Herndon, Jr., to the Public Trustee of Pitkin County
for the use of James K. Daggs and Ellen Gay Daggs to secure $180,OQO.00 dated
December 1, 1978 recorded December 4, 1978 in Book 359 at page 122.
15.Deed of Trust from Newlin C. Herndon, Jr., and Betsy Hopkins Herndon to the
Public Trustee of Pitkin County for the use of Allen F. Whitaker to secure
$42,000.00 dated December I, 1978 recorded December 4, 1978 in Book 359 at page 128.
NOTE: Promissory Note recorded December 4, 1978 in Book 359 at page 127, given
in connection with the above Deed of Trust.
STE'\VART TITLE
Page 3
GUARANTY COMPANY
1613
f:~::~;'?::~~~~~::~.'-'-'-"~<~.'~~'~~~~+~~~7~~~.'-"~~~"~:,,~, : ~_:~ :.~:-
- "&h<=::r..,l:."....;.r:?:":'::.."":;;.'-'-...,;",....."-".,~,.".~._.:::.::::..~,~o:;:;~.:::!.~,::.~. ."", . ,..=-~:l!~~~
" ....,>>i-.-,.,. " ';;,",.~J" ...,'''.,.,~....;,:'.:...;::;,,<,~;,.:',''''','.o;..:..;
1"""'\
^
TO: Richard Grice .~.,Planning Office
FROM: Jim Markalunas - Water Dept.
DATE: 7/6/79
SUBJECT: Herndon Preliminary Plat
"
After discussion with Dave'Ellis, City Engineering Department,
we will permit (only) one connection of a water service line to
the existing 14" steel main .located on the South side of the water
e1\sement under the following conditions.
A. One connection only.
B. Service isol1\ting v1\lve th1\t can be operated by a
conventional valve key (Le. 2" Cast Iron square
head gate valve with street box).
C. P1\rcels A & B must both be serviced off of this
Service line, so that in the event there is 1\
problem with the service, it will not be necess1\ry
to shutdown the transmission m1\in.
D. Thirty days notice prior to commencement of water
service tap, in order that we may purchase a special
tapping saddle and valve. All specialty items re-
quired to t1\p the 14" steel line will be paid for
(as 1\n addition1\l charge) by the persons m1\king the
W1\ter t1\p.
S nc~rellJ;(~
J m M1\rkalunas
..
JM: jmr
/
'"
r.,
r..
MEMORANDUM
TO: urc::StoCk, City Attorney
Dan HcArthur ,City Engineer
Jim Markalunas, City Water Department
Bob Jacobs, Fire Harsha11
FROM: Richard Grice, Planning Office
RE: Herndon Subdivision - Final Plat
DATE: November 13, 1979
Attached please find plat of. the Herndon Subdivision titled "Preliminary
Plat of Herndon Subdivision". However, this plat has been prepared with all
conditions required. Would you kindly review this plat and inform me if it
meets with your approval so that we can schedule the Final Plat for review
before the Aspen City Council. Thank you.
l~fJ€of~
.'V7
B~
1,. clEo!,CAhr;P f"N?II1f<J$"
IS NoT ..:f'tJ/I: 76 dOcY,rA--!<<
~a4d; /J~ld.:. p/A:r'" ,)iVE~
fO {w. ~ T4y ~
~~ pd'<<~
.IIJ.l" -f:; ~. SGL (;. L~
~~....T..._
A::s m ..;;~/-C-:
:::Jcl
~L
" -- '--'- "~""~ "-~.,~'.~.......,~....... "..,,,,~....,,,.
""'1'~- "I:
"
i
'"
I~
'-"
.-,
MEr10RANDUM
TO:
RICHARD GRICE,PLANNING OFFICE
FROM:
DAVE ELLIS, CITY ENGrNEE~
July 26, 1979
DATE:
RE:
Herndon Subdivision -
Preliminary Plat Review
After reviewing this project, the engineering department has several
comments to make regarding easements and boundaries; however, it is
our recommendation that the preliminary plat be approved subject to
the following comments and conditions. It should also be noted that
due to other City projects, we have not had time to examine all of
the easement documents affecting the property and intend to do so
prior to final plat approval.
The specific comments regarding easements and boundaries are as fol-
lows:
1) An easement for existing aerial electric and communication utility
lines and poles should be shown across parcel B.
2) It would appear that all utility services for the existing struc-
ture)except water/originate in the alley of Block 4. If this is
the case then an adequate utility easement for the benefit of
parcel A across parcel B will be required.
3) The access and underground utility easement across parcel A must
be defined by metes and bounds description.
4) A legal description will be required for the dedication of right-
of-way for Castle Creek Bridge and Power Plant Road. The dedica-
tion should provide for the balance of a sixty-foot right-of-way
and coincide with the alignment used in the adjoining Parry Subdi-
vision.
5) In lieu of the centerline of Castle Creek being used for the
westerly boundary of the property, we would like to see a specific
metes and bounds description.
6) On the two legs of the property description adjoining the Crystal
Palace Corporation property, there are gaps between the applicant's
survey and the Crystal Palace Corporation property survey. We
would like to see the differences resolved so that the actual
boundaries agree with the intent to coincide.
"
r"'
I '
r'\
~
Memo
RE: HerndOn Subdivision -
Preliminary Plat Review
July 26, 1979
7) Finally, there is some indication that the Crystal Palace Corpora-
tion may claim a portion of the property included within this
application by adverse possession. The specific parcel is bounded
on the south by the applicant's property line, on the north by an
existing fence, and on the westby the top of the bank. The
surveyed property line passes through the corner of the house on
the adjoining property, and it would appear that the area between
the house and the fence has been in use under adverse possession.
At a minimum, there should be an easement granted for the minor
encroachment of the adjoining hous,e on the subject property, and
in the extreme, the adjoining property owner may press a civil
suit for ownership under adverse possession. Although the solution
to this problem lies between the two property owners, we feel the
problem should be resolved at this time since it is not in the
best public interest to approve a subdivision which may later come
under attack due to an adverse possession claim for a portion of
the property. rt might also be noted that without this triangular
piece of land in parcel B, the buildable site area above the top
of the bank in parcel B is still in excess of 6,OQQ square feet.
Because of the extremely crowded agendas and staff load, we recommend
approval, as stated earlier, subject to the above comments. We would
expect that these concerns that have been brought up be fully addressed
prior to presentation of the final plat.
jk
cc: Gideon Kaufman
1""'.
,-.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Herndon Subdivision - Preliminary Plat - Public Hearing
DATE: July 25, 1979
This is the preliminary plat review for the subdivision of a 44,250 square
foot parcel owned by Mr. M. C. Herndon, Jr. The parcel of land lies at the
west end of Francis Street overlooking the Castle Creek, is zoned R-6, and
presently contains one single family residence. The subdivision falls under the
Growth Management exemption identified in Section 24-10.2(d). That exemption
allows for the construction of one single family residence on a lot subdivided
after the effective date of the Section, where the tract of land to be subdivided
had a pre-existing dwelling and no more than two lots were created by the subdivision.
The proposal is to split the property approximately in half with each parcel
containing in excess of 6,000 square feet of developable land, less than 30%
slope. If the subdivision is approved, "Parcel B" would be restricted to single
family use.
~ -- The Aspen Water Department has commented that they will allow one connection
only of a water service line to the existing 14" steel main located on the south
side of the water easement under the following conditions:
1. One connection only.
2. Service isolating valve that can be operated by conventional valve key
(i.e., 2" cast iron square head gate valve with street box).
3. Parcels A and B must both be serviced off of this service line, so that
in the event of a problem with the service, it will not be necessary to
shut down the transmission main.
4. Thirty (30) days notice prior to the commencement of water service tap,
in order that we may purchase a special tapping saddle and valve. All
speciality items required to tap the 14" steel line will be paid for
(an additional charge) by the persons making the water tap.
Heiko Kuen of Aspen Metro Sanitation District has commented that he sees
no problem in servicing the proposed subdivision with sanitation facilities.
There appear to be several lines nearby that have capacity for additional hook-ups.
Willard Clapper of Rocky Mountain Natural Gas has no, problem with the
subdivision.
~, Mountain Bell has requested that all streets and driveways be dedicated to
the use of the public utilities.
Bob Jacobs, Fire Marshall, has stated that while the access does not comply
fully with the A.M.C., it should be adequate in the case of emergency.
'" As of the time of this writing we have not received comment from the City
Engineering Department. They have verbally informed us that they know of no
problems so severe as to prevent the subdivi,sion's ultimate approval and request
that your approval tonight be subject to forthcoming comments from the Engineering
Department.
The Planning Office recommends approval subject to the resolution of the
above concerns.
.-..
.-.,
... ~.::.~
APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
The request is hereby made on behalf of N.C. Herndon,
Jr. (hereinafter referred to as "applicant") under Section
20-19 of the Aspen, Colorado, Subdivision Regulations for
exemption from the definition of the term "subdivision" with
respect to a lot split of the real property described in
Exhibit A attached hereto and incorporated herein by this
reference. It is submitted that an exemption in this case
would be appropriate. The application involves subdividing
a current lot existing of approximately forty-four thousand
(44,000) square feet. This lot also contains an existing
structure. Ordinance 3 of 1978 exempts the construction of a
single-family dwelling upon a lot that was subdivided after
the adoption of the growth management plan, provided that said
lot has a current existing structure and is subdivided into no
more than two (2) lots, This is exactly the case in the
application before you. It is the contention of the applicant
that the granting of the exemption will not be detrimental to
the public welfare or injurious to other property in the area
in which the subject property is situate.
The granting of this application will not undermine any
intent of the subdivision regulations, as it is clearly within
the area intended for exemption under Section 20-19. The
applicant would appreciate your consideration of this applica-
tion at your next regular meeting.
Dated: January L'l, 1979.
By:
Gideon I. Ka
Attorney fo
Herndon, Jr.
/ .
. ~.J
1"""'\
EXHIBrT A
'-',
~"
."'-":-^..-: ,.
.'" -
,
A tract of land in the NE 1/4 of the SW 1/4 of Sectton 12, Township 10 South,
Range 85 West of the 6th P. M., Colorado, more ,specifically described as follows:
Beginning at a point on the North line of State Highway f/82 at the intersection
of the westerly line of the Town of Aspen as said line existed on February 21,
1957; thericeN. 7"38" E. 3Q4.9 feet along said westerly line to the northerly
line of Francis Street; thence N. 75"10' W. 421.5 feet along the northerly line
of Francis Street produced westerly to the centerline of Castle Creek; thence
S. 44"lU' E. 218.0 feet along centerline of Castle CreekJ thence S. 1"6' W.
195.88 feet along centerline of Castle Creek to the Northerly line of State
Highway #82; thence S. 75"lQ' E. 226.07 feet along the northerly line of State
Highway #82 to point of beginning; all in the City of Aspen, Pitkin County"
Colorado.
EXCEPT the (ollowing described tract: Beginning at a point on the north line
of State Highway #82 at the intersection with the westerly line of the Town
of Aspen as said line existed on February 21, 1957; thence N, 7"38' E. 8.Q feet
more or less; thence N. 75"10' W. }.35 feet; thence N. 10"15' E. 95.8 feet along,
fence line; thence N. 87"23' w. i67.44 feet; thence S. l"Q' w. 83.QQ feet; thence'
S. 75"lQ' E. 162 feet more or less along north line of State Highway 1/82 to
point of beginning.
ALSO EXCEPTING from the above described property, a parcel of land as set forth
in instrument recorded February 15, 1966 in Book 219 nt page 18.
ALSO EXCEPTING from the above described tract, a pnrcel of land described as
follows: Beginning at a point on North line of Hallam Street and intersecting
with the West line of City Limit Line as said line existed on February 21, 1957;
thence N. 75"lQ' W. 7.35 feet; thence N. 1Q"15' E. 164.8 feet along fence line
to intersection of said City Limit Line; thence S. 7"38' W. along said City
Limit Line to point of begin~ing.
.
ALSO EXCEPTING the tract described in Book 213 at Page 104 more particularly
described as follows: A tract of land lying in the NE 1/4 of the SW 1/4 of
Section 12, Township 10 So~th, Range 85 West of the 6th P. M. Said tract is
more fully described as follows: Beginning at a point on the north line of
Francis Street extended westerly (Francis Street being a street in the City
of Aspen, Colorado) from whence the Northeast corner of the NE 1/4 of the SW
1/4 of Section 12 bears N, 9"15' E. 297,17 feet; thence N. 75.09'11" W. 42.80
feet to the center line of Castle Creek; thence S. 54"43' E. 2Q7.08 feet along
the center line of Castle Creek; thence S. 36.19' E. 46.00 feet alorig the center"
line of Castle Creek; thence N. 62"50' E. 89.12 feet; thence N. ,3058' E. 41.61
feet to the north line of Francis Street extended westerly; thence N. 75'09'11"~
W. 244.65 feet to the point of beginning. .
'."
-.1. "
'~ : ",;. ~s " "
ALSO EXCEPTING a tract of land in the SE 1/4 NW 1/4 and the NE 1/4 SW 1/4 of .,
Section 12, Township 10 South, Range 85 ~est of the 6th P.M., more, fully descJ;'ib.ed't "
as follows: . -
, ,~.~"""..._-
. "'t'-
Beginning at a point which is the intersection of the Aspen Townsite line between,J~
Corners 6 and 7 and the North line of Smuggler Street whence the center corner.. ..':;""j
of said Section 12 (which is a brass cap in place marked center 1/16 Cor;, Sectfon' ',"
12) bears S. 65"49'3Q" E. 361.55 feet; thence S. 7"38' W. 335.18 feet along'
said Townsite line to the intersection with the prolonged centerline of Francis'
Street. thence N. 75"Q7' W. 187.51 feet' along said centerline of Francis Street
prolon~ed to the base of steep bluff; thence N. 3058' E. 196.Q5 feet along th~ '
base of the bluff; thence N. 7042' W. 156.03 feet along the base of the bluff,
to the prolonged North line of Smuggler Street; thence S. 75"Q7' E. 234.47feel;,',
along said street line to the point of beginning,
County of Pitkin, State of Colorado.
, '
,
f: I
'!', ,.."
'. {
'..
1'"""\
,,.-,,,
~-
~
~XHli3IT I ell
LEGEND ~ NOTES.
. l""OoJN..D SVA,ve:v MONVM\'::N"T',.;J/':5
fl,t::OAR. wI CAP ~ N,OT~O
o :!oE.T .. 5 R...OAR ...J CAP ,. PE:.5MAN. Z.~7Co'"
... ':'PIY.1!. SE.T ~UR.\le:y CONTR.OL.
CO....ORAOO ~T^TE' HIGl-IWA,." LO~n;:o
A5$....MI "'0. CONTI6UO....e. Clt'NT~.......IN~
t-iAl-l...AM S."n=I.e:E.T
0Y
W'TI-I
--
e.oo..:. '2..IQ
WIGl-lWA'l'
P.....O'~ Ie
FP,oNT....Ge:
LOCATt:;O 0.....
(IG.;.o"') TO
....SSUMINc.
MO....O.
FQv....O,
co..... c;. ^'!IP.:o.t
1 YO_-,,,. ^ ..0
t '^"O'~N. '" ~
.~.
~ '
..
Loe.....TION 0"'. bOC 2,Q ...... 10'1"
"'11.0'" P..........." ,.....~;> .................
.~'I'".~.., co ~TA1...,....G. :::ov~~"""'P'
c .....5,..e::'lt~ PRO"C:ll.TV '-ll'ol'E: ....OCATt!:O BY F'Ot)"lC ". ,.."
MONUMF;r..zTt> AND TOWJ.J!!I\Te:: ,""\Nlit" (0:-7 ~ I I ~
":. ....OT. " .:."""
I....PMVI!::M~"l.TS Sl-lOWo..I "^,,lS:~a: \...Oe,.<l.Te:O ON. "... PAR.~ s.vOD. S .
\4'70 SURVl!!:V OF PR,OPIZI'l..,..,.. C>"f :.UI'l..Vl&"t e:.....G'NE:.e~,n..c., "...;.~. ;!\Y. ~.,...-,_ ____ ......
,SvA.V!I:'( OR.IE.....-r'E.O wI FCVN.P MONUMENTS, ......~\'\t~.:..-,;..: ' . :.~"':....t..:?.y-Z~~ ~l;'n PC:' ~~1I
. '.'\. 0$... ,,5 .~.~ .5
. 'ilo. d..~.. '3;.:'.' ~..."-:{...y...t~ '.... - "'e-
. _ ~ ....."..... :'..........: 0">_.2 t:.~"
A S' . \':l~:.L~,.., -
..:..~~ 3l';~~~cr,,~ ~'::;-S.:r:.
e.~ Iq~ Pi;;,:::. ~flr3
hl-1I.0~1e..e:~'
. ~.T I / 1_____
1r.L '.OT j. /
f.-" ~ .. / '~/
)N7~~0'i'UNW 1.19" /
/ /'::1
"." II / ....rCw. ... .,~ ___
("o...::,,~:: ..:.....:" - ..) !/L~:I ~
IO'~..U " 1.<.0'1'/
'::'.::'':"'~
~1J )~~1<:Ol..t
"l.".. /
PAA..Ce\.,.: ~B.
"K
N+
/
..-
.
.
NIO"I:I"I!:
2."1"../,0'.....
"
.';"<w
:,
-.
~ NB7"z.3'Wlt'l;"7~~"'"
. I
,
!
CO!..o.
S"'7-.o;)-e
~ ~tr"o~.,~ ~
, ~
seA L E
J...tIGJ.{
VV-",..
~O'
I INCH" 60 FEE.T
",. "'4"
....,I&'t
....~l "';
.
,,,.
,
:... ....\
.
;"'1
,.
':"t;
~
i' FOVNO, '
(;Ol'l. .., .........<t.... 'TO_......Tl!'. '"$ ""~
IO"T ..... <::O...c.. ....1 v..... _.C,/'oP..?,s
CO'..T......e"-o. I.C.'~ ~ 0.'._ 0'" .TS
...."'o,..'T....R.o...o L...C>cAT'ON\ ........ O"....M
IoC"'TiI'R, ... q't>t:. <.p. -<.?~c;o o.o......D
........... 30, '.?2. ~A """''''...'l. ...._
- .-..-----
PROPERTY
SURVEY
FOR
.JIM..."QA._GGS
CERTIFICATION
0"'" TFt.....c:.-r 0'" 1........,,0 SOITV......TEO
I,.,. NE'I,+- OF' Tt-IE !E.W1/o.J SECT10N. 12-
TOWNSl-tI!:> 10 e.o....TH, ICt.kNC.e: 90S We!$T
GoT"P.M._ CITY OF ~PEN. J'>\To<.I"I eo......Tl'
COl..DA..IV:JO'
"Y
S-UA.Vl!.Y E.NGR$.,I:NC..
P.O. ~lC G.5~ -.....~Pl!!:ht.CC>>.o.
r, GER,....RD H. Pt:~M""'N. C.r-R,TIFY 't"1-I....T
THI:='o ......T 1$ 'PU:t'l"T1!.O FFlOM Fll!.Lt) 'NOTES
OF" A Sl1R.....I:!.Y .........010. L1NDE.R. MV SOPER;VI$lQN
OUR'N~ OCT. lq78
..~~: ".-.'. I '...1 .~,..
CDo.Q. "'-. ......".It;~...l __ lIuJW....""'-.;L_
RlO;V1Se:O 11/30/78
0,9""-.4
"
,
...:-"-". ....
,~" _.... "-'N
.",...._-',.
'.