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HomeMy WebLinkAboutcoa.lu.su.Hyman Victorians Recorded ,.,..... :32 PM Oct 29 19; Reception # .,.-" V 1fT LL .tta Banner Recorder '.. 219100 ..~~, \ _378 PACE290 AMENDMENT TO HYMAN AVENUE V!CTORIANS (SUBDIVISION) SUBDIVISION I~ROVEMENTS AGREEMENT THIS AGREEMENT, entered into and made this /$T day of (2-1:6L.e- , 1979, by and between PERRY A. HA~VEY ("Subdivide ") and THE CITY OF ASPEN, COLORADO, a Municipal Corporation, ("City"). WITNESSETH: WHEREAS, Subdivider and City have entered into that certain SUBDIVISION IMPROVEMENTS AGREEMENT dated the d$71 day of 1N'/ , 1977, and recorded in the real property recor s of pitkin County, Colorado on the day of , 1977 in Book .Ea.'! at Page :;'tJI , which agreemenct related to Lots Rand S, Block 32, East Aspen Addition, City of Aspen, County of Pictkin, State of Colorado. Subsequently, a condominium map went of record and the said real property is now known as Hyman Avenue Victorian Condominiums; and WHEREAS, the Subdivider and the City are desirous of amending said SUBDIVISION IMPROVEMENTS AGREEMENT in order to clarify the language contained in paragraph 5 thereof. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby amend said SUBDIVISION IMPROVEMENTS AGREEMENT so that paragraph 5 therein is hereby deleted and replaced in its entirety with the following: 5. Neither unit 2 nor Unit 3 of the Hyman Avenue Victorian Condominiums shall be leased for any period of less than six (6) successive months; or, in the alternative, be leased more than twice for short-term periods within any calendar year, (in addition to occupancy by the owners or any lessee for a six (6) month lease. term). "Short-term period" shall mean not more than fifteen (15) days. The foregoing restrictions shall not apply to Unit 1 of the Hyman Avenue Victorian Condominiums. 1"'-. "" .~ "\':.' SiJOK378 PAGE291 Except as amended as aforesaid, the said SUBDIVISION IMPROVEMENTS AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above-written. STATE OF COLORADO ?b1/1~77/-/t:M;~ PERRY A. RVEY, Subdivide~ 58. COUNTY OF PITKIN The foregoing instrument this ,-.J::f '-I day of -'S A ~ e4.- Subdivider. was acknowledged before me , 1979, by PERRY A. HARVEY, . VA .'J! ';;'0 /'f?.;L My commission exp~res: ~--~ , ..:Cl<li/iTNESS my hand and official seal. ~. ';:. ~ I t/J;"" ~ '~".."'...,vn;;~~<;2 . > M '" . .,.. ~.;.I/.I\1 ',...~' ~"~ ., ~ PIJ B\ \-' ," r ///../ /J. ~-/!"'2/I. ~~/"'/~ N tary Public CITY OF ASPEN By /L~~or dd KOCH, City Clerk STATE OF COLORADO ss. COUNTY OF PITKIN ,.."UJ The fo~mi,ng instrument was aCknowledg. ed)?k.,&or. e"r~~,.;.....t. p.......~....s. ~day of (7i1~l ,1979, by HERMAN EDEL,.;>>ayot1,o,9-fig.'.. KATHRYN S. KOCH, City Clerk.O"'~ . .,<~\.,} " . Af\....1l.....1~_~[a)~;~r~',)\18i7o't,~ My comm~ss~on exp~res: cc;rOt;e( ll~J._~~-'-~--<c- ; ~ WITNESS my hand and official seal.:'j5'~};'\,(,Yh'1 0"\" . ;,,"':'~":-::""':', '- '.- ;" - .d', . ',:' ,_":;';)10 '. ,- ..;....}.. i}il'j .,;>;,;/,','7, .., .,.,e i.' -2- ~J. . u ,. , Ii ~ Ii ., r: Ii Ii " I , , I I, Ii fI " II " 'I I I I I , , I II il II Ii Ii 'I I, Ii ., 1; r-. ~ HYMAN AVENUE VICTORIANS (SUBDIVISION) SUBDIVISION H1PROVEI.lENTS AGREEMENT THIS AGREEMENT, entered into 'and made this ~~Yn day of Cfr,,\L , 1977, by and between PERRY A. HARVEY ("Subdivi- der"), and THE CITY OF ASPEN, COLORADO, a Municipal Corporation ("City") . WITNESSETH: WHEREAS, Subdivider is owner and subdivider of a tract of ,I II land within Pitkin County, Co~orado, consisting of Lots R & s, ,I II Ii 11 i I I Block 32, East Aspen Addition, City of Aspen, County of Pitkin, State of Colorado. WHEREAS, Subdivider has submitted to City for approval, ex- ecution, and recording a subdivision plat of the above-described property, such subdivision to be known and designated as "Hyman Avenue Victorian"; and i II II the proposed development and the improvement of the subject prop- rl Ii 'I Ii /' ) ,I II WHEREAS, the City has fully considered such subdivision plat erty shown thereon, and is willing to approve, execute, and i i accept said plat for recordation upon the agreement of Subdivider to the matters hereinafter described, which matters are deemed necessary to protect, promote, and enhance the public welfare; and WHEREAS, Subdivider and the City wish to reduce said agree- ment to writing, NOW, THEREFORE, in consideration of the premises, the mutual, 1 , 1 I I I I 1. Subdivider covenants and agrees to and with the City tha~ I I he will affirmatively consent to and join in the formation of I covenants herein contained, the parties hereto hereby agree as follows: any special improvement district, encompassing all or any part of Hyman Avenue Victorians (Subdivision), that i i I may here...! ,; after be proposed or formed for the construction of streets, alleys, and drainage improvements or buried electrical im- provements. Subdivider hereby waives and further covenants and agrees to waive any right of 'protest against the forma- tion of any such district. Ii . I .' , , , I I II It ! I II II !! ^ ~ 2. Owner and Subdivider, for itself, its successors in interest, grantees and assigns, Covenants 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 improvement,s ! include improvements in the right of way abutting Lots R & S,I i Block 32, East Aspen Addition, it will pay the actual cost of any such improvements abutting the boundary of said Lots R & S, such payment to be made to the City within I ninety (90)! days after completion of/the improvements and on receipt of <," written notice and demand for such payment. 3. The improvements shown on the Final Subdivision Plat in- cluding curb, gutter, sidewalks, and landscaping shall be / completed as a condition for the issuance of the Certificate of OCcupancy. 4. Subdivider agrees to pay to the City, prior to filing for record of the subdivision plat, the sum of Seven Thousand, Eight Hundred and Eight Dollars and Eighty Cents, (7,808.80) as full payment for .all obligations in lieu of land dedica- tion as required by the provisions of section 20-18 of the Aspen Municipal Code. Stich payment will be made by the ex- ecution of a promissory note -fo oper, ~ .the CITY OF ASPEN from PERRY A. HARVEY, the devel- I for the dedication fee and interest at the rate of nine percent per annum. 5. All princi- i i , 1 I I , 1 I any period of less: f pal and interest will be due and payable Upon issuance of a certificate of occupancy for the improvements. No multi-family dwelling unit within the Hyman Avenue Victorian Condominiums shall be leased for than six (6) successive months; or, in the alternative, be leased more than twice for short term periods within any cal~ endar year (in addition to Occupancy by the owners or any I lessee for a six-month lease term). "Short-term period" i I shall mean not more than fifteen (15) days. 6. Upon execution of this Agreement by all parties hereto, City agrees to approve and execute the final plat of the -2- . ,.' ~ . Ii I I , I I A ...-, Hyman Avenue Victorians (Subdivision) and accept the same for recording ip the real property records of Pitkin County, Colorado, Upon payment of recording fees and costs to the City by Subdivider. 7. The covenants and agreements of the Subdivider herein shall be deemed Covenants that run with the land, shall burden the land included within the Hyman Avenue Victorians (Subdivision), and shall bind and be specifically enforce- able against all subsequent owners thereof, including Sub- divider, its grantees, SUccessors in interest and assigns. /~// IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. / I 'il I l (lan,,;c.}Jrrt' -' II Notary Public Commission expires 08-24-80 ATTEST: I 2dXTvun-) d' j"-u.k~ I Kathryn,;;;s. Hauter, City Clerk I STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) PERRY A. HARVEY ?U1n~h7 /-/t'VJC/~ Perry A. arvey, Subdivid III, Mayor ? c4<:- _' The foregoing instrument was acknowledged before me this ~~ day of ~~ , 1977, by Stacy Standley, III, Mayor, and Kathryn S. Hauter, City Clerk. Witness my hand and official seal. My commission expires I I I ;1 :! /-;;)'1- '? & ~~LrJ. ~~/ Notary Public . -3- ^ -, MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Hyman Street Victorians - Final Subdivision Plat DATE: January 20, 1977 This is a request by Perry Harvey of Interwest Realty for Final Subdivision Plat approval for the Hyman Street Victorians located on Lots R & S, Block 32, East Aspen Addition (990 East Hyman Street). The property is zoned R/MF and consists of 6,000 square f-et in area. The proposal is for three two-bedroom condominium units. The property is presently developed with a ene bedroom residence which will be remodeled into one of the two bedroom units. The R/MF zone requires 2,000 square feet per two bedroom unit. The Subdivision Improvement Agreement includes restrictions for m~n~mum six month lease rentals. The land dedication required by the Park Dedication requirements is 1764,18 square feet. The Planning Office recommends a cash dedication be required by Council. As of this writing the market value of the land has not been agreed upon. We anticipate this being resolved by the date of the Council meeting, This project has received Preliminary Plat approval by the Aspen Planning and Zoning Commission prior to the Council action authorizing the delay in subdivision review. The Planning Office recommends approval of the Final Plat of Hyman Street Victorians, 1"'-, .'-" MEMJ TO: HAL CLARK PLANNmG DEPARl'MENT DAVE ELLIS CITY ENGINEER 9-4-. FROM: DATE: January 18,1977 HYMAN AVENUE VICIDRIANS - FINAL PLAT REVIEw HE: The engineering department has reviewed the final plat and requested some relatively minor additions and changes including a change in name fran Hyman Street Victorians to Hyman Avenue Victorians. These modifications have been discussed with Perry Harvey and he has agreed to make them. The subdivision agreement was satisfactory except for the emission of the six month :rental restriction. A revised agreement is being suJ::mi tted. Subject to the above cornnents the engineering department reCOl1illends final approval. cc: Perry Harvey I"""- .,-., MEMORANDUM TO: Dave Ellis FROM: Hal Clark RE: DATE: 'Fianl Subdivision Plat - Hyman Street Victorians January 14, 1977 Attached for your review are two copies of the Final Subdivision for Hyman Street Victorians. A draft subdivision improvement agreement will be submitted this week. Perry Harvey is in contact with Mick Mahoney concerning the land evaluation for the cash dedication fee. I have spoken to Perry Harvey regarding changing certain language on the plat to show separate condominium units 1, 2, 3 rather than a single family and to define the number of bedrooms in each unit. The applicant has requested a review date of January 24, 1977 which obviously crowds the engineering review time. I had been out of the office at the time this final plat was submitted and consequently it has been delayed more than it would normally have been. Please advise if YOU.' will be unable to review in time f.or the meeting of January 24. Thank you. . !nlefwBslinc me Dulant Mol! 710 EastDuranl Srreet ".spen Coiorado 81611 USA 303/925-2772 1"". '<"'~I' . '!j,~' , ~~~,' . 8~i" . . ~~~". .' ',~, : ~. .. < In.Hour coriversationWednesday the' 19th regarding 'the::.'~;t, dedicatiq,n..fe~,. it is my"understanding that' two things '\;g;:;!:'l.: " were agreed' upon. The first is that the $67,500.00 valti .. 'ation~ as.reportedby Jim MOllica, is valid for lots '. R &: S, Block 32, East Aspen Addition. The second item is'<that.the<dedication fee.should be based upon the of two-2'bedroom units, for a total of four bedrooms. '.-," ,'L. fee Gi ven 'these as follows: ','".".>: .' facts' I'. have calcUlated.my dedication .' "',;.:~(,:/, ': Land value of $67,500.00 = $11.25'p'er"sg:. foot or $490,050.00 per acre. , -', $1,225.125 $6,615.68, Q 9-2:t, so . ~ . If my calculations x 5.4 (2.7 people per two bedroom) = dedication fee. ,''-'' $490,050.00 x .0025 = 1,225.125. are in error, please let me know.. " ,~::< nr1 Perry HarvJ'!Y. '~.',," ~." ~ ',.c. 1""-"'" .~-. MEIIORANDUM TO: Aspen Planning Commission FROM: Planning Staff (BK) RE: Hyman Street Victorians, Preliminary Plat DATE: August 12, 1976 Application is being made for the Hyman Street Victorians, to include three two bedroom units on 6,000 square feet. This density is per- mitted on lots less than 9,000 square feet. We strongly encourage the 6 month minimum lease restriction on the new units, The comments of the City Engineer are attached, We have no further comments and recommend approval with the under- standing that suitable floor plans be submitted prior to final plat approval to ensure that the development is restricted to two bedroom development ME!10 TO: FHOl1: DA'rE : RE: ,,-.... I""\, HAL CLARK PLANNING DEPT, DAVE ELLIS . ~t::"" CI'l'Y ENGINEER \-\:... August 11, 1976 Hyman Street Victorians - Preliminary Subdivision Review The engineering department has reviewed the subject project and recommends approval subject to the fOllowing comments and conditions: 1) Vicinity map scale is incorrect; it is approximately 1"=1000', 2) The land surveyor's number should be given for those caps noted as found. 3) The alley width is 20,9 feet rather than 20 feet. 4) Overhead power, telephone and cable television have been omitted from existing utilities. 5) The proposed utility pad should be a public electric and conununication utility easement with an eight (8) foot access easement to the site. 6) Drainage plans, drywells, etc,should be indicated for the site, cc: Michael Erneman wi corrected plat ---' .... ft~ " ,1 JP '. ,-.. ,. ! .' PUBLIC NOTICE ~ ''1l74ied-to ~ 7-;(r-7/fJ ~ .. Notice is hereby given that a public hearing will be held on August 17, 1976 before the Aspen Planning and Zoning Commission at 5:00 P.M, in the City Council Chambers to conside~ the preliminary plat of the Hyman Street Victorians Subdivision, consisting of three tW9-bedroom units and located on Lots R & S, Block 32, East Aspen Addition (990 East Hyman Street), A copy of. the proposal may be examined in the office of the City/County Planner during normal working hours. Published in the Aspen Times, August 5, 1976 . . I I i I ! i I ~ ~ ~ J! "\'I-'",",~ ,.-" c ~ ADJACENT PROPERTY OWNERS TO PROPOSED HYMAN STREET VICTORIANS BLOCK 32, LOTS R & S To the North: Block 32 Lots G, H, I Gavilon Condominiums (see attached list) Block 32 Lots E, F AEM Corporation P. O. Box 301 Aspen, Colorado 81611 To the East: Block 32 P, Q Aspen East Condominiums (see attached list) To the South: Block 35 Lots D, E, F, G Frank A. & Hazel A. Loushin P. O. Box 582 Aspen, Colorado 81611 Block 35 Lots H, I Charles D. Tower P. O. Box 3014 Aspen, Colorado 81611 To the West: Block 33 S~ of lots K, L, M Edward H. & Arlene E. Brennan P. O. Box 1965 Aspen, Colorado 81611 '" Block 33 N~ of lots K, L, M Leonard W. & Edith Levisohn 760 Cherry Denver, Colorado 80206 Block 34, Lot A Leland F. & Josephine M. Bartlett P. O. Box 936 Aspen, Colorado 81611 .... ....., ~-' " 1", . GAVILON COND01>lINIU/1 Unit 1 ClISSATT, Robert 1264 l'lashington Ave. Washington Township P. 0, Westwood, New Jersey 07675 Unit 2 . SULLIVAN, Edward Box 1855 Aspen, Colorado 81611 Unit 3 PHILLIPS, Edward Box 3050 Aspen, Colorado 81611 Unit 4 KENNEY, Charles % Phyllis Kenney Box 4183 Aspen, Colorado 81611 Unit 5 Sr40THERJ.1Ji.N, Frank Box 3626 hspen, Colorado 81611 Unit 6 rffiRTIN, James & Diana Box 10502 Aspen, Colorado 81611 Unit 7 HIILIVIRTA, Mr, Ilmari Box 3047 Aspen, Colorado 81611 Unit 8 LEONDORF, Ms. Clair Box 3G Aspen, Colorado 81611 Unit 9 NUVEEN, John Box 129 Bartlett, New Hampshire 03182 Unit 10 OLIVER, Russell Ru-el Corp. % Nrs. Ellen Carter 226 l1arin Ave. Balboa Island, Calif. 8u:< t, J;~U'I~ 7? ?x: / II / ?9-J(/JE:-/> / GdlcJ 92662 Uni t 11 ~lICK]'.RD, Grant 6124 E, Oregon PI, Denver, Colorado 80202 Unit 12 FULLER, Co1. & I1rs, Robert, Jr, 8501 t'lolftrap Road Vienna'-Virginia 22180 ,-., ~ l '_ 1" ",/,., 0- ......." /....} . , r'\ . \: ~ ,,2./< '//7~- ASPL~ EAST COI\DO:nXIUH Unit 1 l~~, KUU~LL ~ ~,et 9.z.e.r-'''-es l C 61 f "Y_..8.Y e , D"R'V-e-r,-C-o:l:-e'l'C<l-<>_8 0 215 C, . L " /? . -<J--a.-i.~3" . 1/21'-;1'"....... ., ~/ t.oJ "'~ Unit 2 HICHNAN, Charles & Jeanne Box 656 Honolulu, EaHaii 96809 l'nit 3 LITTLE, Carol J, Box 2616 Aspen, Coloradu 81611 !(<'--i~J '1f":-',j- 'f- r.l; ';)d1tf-t. t-t. !3 <'-1< 3 ") 0- '} (/"'-t2-.e-",-' . (' ~~,_ y , . Unit 4 GARFIELD, Ronald Box 8327 Aspen, Colorado 81611 Unit 5 ALLEN, Barbara Box 835 Aspen, Colorado 81611 ^ .~ MEMORANDUM TO: Dave Ellis FROM: Planning Staff (HC) RE: HYman Street Victorians - Preliminary Plat DATE: July 27, 1976 Attached are two plats of the Hyman Street Victorians Subdivision located on Lots R & S, Block 32, East Aspen Addition (990 East Hyman Street), The property i szoned R/M/F and cons i sts of 6,000 square feet. Three 2-bedroom units are proposed. We have set the Planning and Zoning Commission review for August 17, .1976. Please have your comments to us by August 12, 1976. . . " /' .r r-- ,-., MEMO TO: HAL CLARK PLANNING DEPT.~ FROM: DAVE ELLIS CITY ENGINEER DATE: July 9, 1976 RE: Hyman St. Victorians - Conceptual Subdivision Review The engineering department recommends conceptual approval for the Hyman St. Victorians. At the preliminary stage the standard street improve_ ments and electrical easements will be required. !. ""!-- ,,,,,,",,- ....., ,-., MEMORANDUM TO: Aspen City Counci 1 FROM: Planning Staff (HC) RE: Hyman Street Victorians - Conceptual Subdivision DATE: July 8, 1976 This is a request for Conceputa1 Subdivision approval for the Hyman Street Victorians located on Lots R & S, Block 32, East Aspen Addition (990 East Hyman Street). The property is zoned R/MF and consists of a land area of 6,000 square feet, The R/MF zone requires 2,000 square feet per unit for two bedroom units on a lot size of less than 9,000 square feet, The applicant, Perry Harvey, represents that a deed restriction will be placed on the additional two new condominium units requiring a minimum of a six month lease, The Planning Office agrees that this is very appropriate for the R/MF zone, We also, encourage the applicant to de- sign the proposed addition in harmony with the existing Victorian house on the property, The Planning Office recommends approval of the Conceptual Subdivision for Hyman Street Victorians. ~,,' '. ..... ;"J. .,.,' -~ . ,.-" ~ DATE: June 21, 1976 TO: The City of Aspen FROM: Perry Harvey RE: Hyman Street Victorians: Concept Subdivision Property description: The property there exists 1,000 sq. ft. and consists is two city lots containing 6,000 sq.ft" and a one-bedroom Victorian structure of approximately The property is located at 990 East Hyman Street of lots R & S in Block 32. Intention: I have entered into a contract to purchase lots R & S of Block 32, City of Aspen. It is my intention to remodel the existing Victorian by adding another bedroom to create a two-bedroom permanent residence for myself. I also intend to construct, in accordance with the currently-allowed density, 2 two-bedroom condominiums to be sold upon their completion. I feel this project will sell quickly to permanent residents. To facilitate this housing demand, I intend to place a deed restriction on the two, new two-bedroom condominiums requiring a minimum of a six-month lease. The new structure to be added to the property will be designed in a manner that will be aesthetically compatible with the existing structure. 'i?t/?t7y /"TCZ/U/7 ~ r-., r"'\ " Au...e:( w'.""p , - -.----r- I ~~t~FAeD....F""',NN6'= tc.c:-crf" G ,.. AI""') __' ~1i'-)(\'=lnN$o I 'ST""'-Y- --re.$;~~ID",~ ' :r"" ~'~~t..e-D ~T" l!5.R. CONOO- . , -MINIUM UNIT.. ~ <1 ~ l ~ hi - ~ ~1 ~ ~.;...-:" ....( ') If . i ..,~)' hL"'c:' _~~ 'r~ ~ '" :1- .--/ . --...Of..... ~ , IU Y" I..o,'s' ~ - -. 1-G/7I. "". --~~/~//c. "~.. : ',,' \ \ .-- 6?A~ 111~"2"l -..----...-------....-...-..-----...-.----.-.---.- .-------.-..-...-.....-..------.----.- , , ::L..C?T'5 ) ~ 4 6, .OLOC,'<.. 32- '. e~ A5FE'.f.l- ADDJnoN - PITl"olN c.<?VNTY, COLORAPO i1YMI\H '5T,- Project Name: HYMAN STREET VICTORIANS Lot Area: 6,000 square feet or 0.14 acres Proposed Development: -One 2-bedroom condominium (remodeled existing I-bedroom single family residence) R/MF land consumption 2,000 sq. ft. -Two 2-bedroom condominium units (New 2-story structu.re) R/MF land consumption 4,000 sq. ft. 6,000 sq. ft. - Total R/MF land consumption Anticipated Project Population: 8.1 persons (2.7 persons/2 B.R. unit) .- ;. \ . e:--" '----. /. - '-_.~ c ---.... / / --'-'~.' -.", . ( '-..::: -=:::- \ . ----- '. ~, ^- :' -.;--, : -..,. HYMAN STREET VICTORIANS Aspen Colorado Scale 1" = 400' \ ' " 1"""\ .~ DATE: June 21, 1976 MEMO TO: Hal Clark FROM: Perry Harvey RE: Hyman Street Victorians Please find attached ten copies of the concept presentation, one receipt and option contract shOwing beneficial ownership, and one check for $160.00 for concept fee. I am requesting that this project be submitted to Planning and Zoning for the July 6th meeting and to City Council for their July 12th meeting. Thank you. ?&1/l,/ /~Ly cc: Kathy Hauter, City Clerk . ~ ,'. :'" " . '.~Ac'>. '\ ~ , Th... print1"d portion of !hi~ form :1PI''!'OlCd hy tht' ("..lor-3do H~...l Esl:ot1" Commhs;on (SC 20-10.7':;) R ---~--'---_._---- RECEiPT AND OPTION CONTRACT (RESIDENTIAL) June 3, ,19?~_ RECEIVED n<O~I --f-,,_rr-y-'s~H,,};..y~__.. Plln.ha;;erJ~Ji~ii~{}t.:X.~~H{, the sum of$--.-.2,.,5Jl0.._"OD,________, in the form of ---Che.ek __..__~ r,~,:~ hf:;.d by ,j r jngb..a~______-'---____,__________._, broker, in his escrow or tl"U~t~~. account, ~,,' ,.-~!"!~<",;t money and part payment for the follo\\'ing d~scribE'd real e:::;,tate ~itu:lte in the.__ C;'~:~::',Y of_RiJ:.k.in- ,Color;\do, to wit: Lots K and S of Block 32, City of Aspen. with all improvements thereon and :tll fixtures of a permanent naturecurrentlJ' on the premises except as hereinafter provit~ed, in' their pr-esent condition, ordinary weal" and tear excepted, known as No.--.9.-9: 0 -_..E.as..t_!:l:pJJil.IL..S..t, , C i tY,._uf-AS.ften which property pure-haser agrees to bu)-: upon 'the follo\,,'ing- ~erms and conditions, for the purchase pdce of S l? '1 , no 0 ,payable as follows; :%XXXXXXXXXXJ:Qhl;K};:j10;;x,liill'llYoX;liXXXXXXXXXXXXX' $ 2,'100 n2reby receipted for; 122,500 cash on closing; This contract is specifically contingent qn the buyer 9~taining financing for 75% of the purchase price or $93,750 for not '1'2ss than 25 years at not more than 9.5% annual interest and no more '1:nan a 2--9oint loan fee. 1',11." 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees.to JJaY a Joan transfer fee not to ~xc;'>t'd $----D9-.n.e and it isa condition of this contract that the purchaser may assume such ent"l.Hll~ .bl-ance ,vithoutchang'€ in its terms or conditionsexcept_..ll.on_e t. , 2. P!"ic~ to include anJ- of the following items currently on th~ premise.:;: Lighting, heating and plumbir.g fixtuj'es; oH nut';';(.r plants, ,..-indow and porch shades, venetian blinds, storm '....indows, storm doors, screens, curtain l.ods, dnlp- 1. i:--': rods, .;:~ntral a.ir conditioning, ventilating fixtures, attached TV' antennas, attached minot's, linole-lIm, awning-:;. '.y~::el" softener (if owned b~.. seller), fireplace screen and grate, builtRin kitchen appliances, wall to wall carpeting- i I " IJ , ati i!1 their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4; pi'!)vid~{i, however, that the foHowing fixttu-es ora permanent nature are excluded from this sale: nnnp XXfuX:z"t'i~XiXB\a,{X}~~~~1JX~iX}P8'\'i~Y..c~*~~Xf}8{.X-:XA cUlT~nt commitment for title in5UrallCe }.loliC)' in ~n amount equal to thepl.lrchase price, <.K~~J.kK:XQ?i-xiJi{rXx-xl~X~;:{x~hrtll be fUl:nished the purchaser on or before 1\ 11 gnsL....l.6____ , 19~fi.... M:2Q{Jx,x,)0ltlGQ{;X')QX!X,J,;MXiYlXiXXXXXcXXtx",J:G{}ll,,\Sc.ller will deliver the title insurance policy to purchaser after closing and pa~! the premium therl:!on. -1. Title shall be metThantable in the selleL Subject to p~yment or tender as above provided and complian(.C' with thE" other tet'ms and conditions hereunder by pllt"chn!'er, the seHer'sha1l execute and deliver a ~'ood and :<.ufficient ---,----..g..e.n.e.r.n 1 ,valTanty deed to said purchaser on A.llg..US_~6_1--"'--'___, 19.7_6__ or". by mutllul agTeement, at an eadi~rdate, conveying said propel'tyfree ilnd ch~ar ofal! taxes, exce.pt the R~nen\l tax~:> for 19......:L6-, payahle Janllar:y 1. 19--.:Jl. and exeept...--_----..nOl1 P I , , i I , J , ,- c 5. Glo::n~ral taXI:!:' for 19.]....6_ shall be <:IpPol"tioned to date of delivery of dt'~d ha~ed no thE> mo:>t I'~("I:>nt Ie'\")' and the- I; enl.:umhrances,ifan~".and nQn..e _____ ~ I! shall be "ppOl"tioned to date "r oieIhery "rdeed. L__":___ fl'e!:: and cleal. of all liens for special improvements now io!'>talIed, whether assh:>-ed or not; fret:' and de::!" (If all lien:< and ~ncumbranc~s except east:.'ll]:ents fortelephone. electl"icity. water and sanitary seweI', and except --nonp and subject to building and zoning regulations, and re:stricti....e COVenants of recont Any encllmbranel" r~Quirt"d to ut> paid ma;y be paid fI"Om the proceeds of this tnmsaction. ;-':"- ~~C :!.O-l 0-7:-;, R~"";:>l ""d 1);>1;"" ('"nl r"d (H,..~i(l,_,,! i"Jj -- Hr;,d!",n! h:nli,11;")! Co,. l'-;:!.l.~~ ~!')\ll ~{!''''''{" t',.""<.,,. e"ln)",,,!.> :{.;6 ~ , ~,The hour .ln~ place of cio:;in:;$hail he as desh!nat~'d 11Y _____J_.._.C._.J.ng.bpJXt.---- t. Po':':;.es~ion ofpremi~e::- shall be delivered to jlUfchaseron ____.___,l)U-89-st--3-.6-.,J...-19~6------.----- --~.__._---~.__._.----- suhj<:,l,:t to the fol1owin~ leases or tenancie::;; None. If '(hi;: ~.:I:cl' Ltil,:. to deliver po:<:;;~ssion on the datf' 11<:'I'\:'in ~pc('ifil:'cl. ttw sellt'," :::.ha1l be slllljt.'ct ro eviction .tnJ :<hall hl" li;,thl~ fOI" a daily l"ent<~l 0[$_.1_5. QQ~.________llntil po:,:-e~:-;ion i,:. deliyered. S, In the €\"enl the pri-\.:nlses shall be danHtJ.{ed by fire or other casllnlt,y prior to time of closing. in an amount of not n\ll!'e than t-:-iI pel" cent of the total }.Hll'cha:::.e- price, the ::;eller 5hall be ohligated to repair the ,:.ame befon::' tlw date herein pro,.;""J for deliVery of deed. In the event such elamage cannot be r'epail'eel w\thin said time or if st'"h dan,a"e shall exc€t:'tl sucn sum, this contract may be cancelled at Clption of pllrclHl::;~I'. Should the PlIrcha::.el. elect to carry out thb agreement despite snch dama"e, such purchaser shall be entitled to all the credit for the insurance proceeds l'esultin", from such dam;,;.g:e, not e~ceeding, however, the total pun:ha:s€ price. Should any fixtUl"e::; 01' services fail between the (hte of this ag.reement and the' date of possession 01' the date of deliver;.-' of d<:,ed, whicnevt'r shaH be earlier, then the seller shall be re5p~)l\sible for tne repair or replacement of such fixtures or s~ryiC~s \vith Cl unit of similar size, .age and quality or an equivalent credit. 9, Titr'le is of the essence hereof, and if '-li1)-" payment or any other condition he:"eof is not made, tlomdel'ed or pe-rfonnt:'d as he:'ein provided, there shall be the fol1o\'.."ing remedies. In the event a payment or any other condition hen'of i$ not macl?'. tendered or perfonned b:y the purchaser, then this contract shall be null and .....oid and of no effect, and both parties hereto released from all obligation:) hereunder, and all pa)'mo;>nts mcHle hereon ~hall be retained on b€'ha1f of the seHer as liquidated damages. In the eVEoYlt that the se]]er fails to perform any condition hereof as provided herein. then the pu!'chaser may, at his election, treat the contract as termina'ed, ,.nd all payments made hereunder- shan be l'etlll'ned to the "u!'chaser: provided, however, that the purchaser may, at his election, treat this contract as hein?; in fu]] fOITe and effect \vith the right to an action for "5p':>clfic p"edormance and dalHage~. rD. In the event the sener fails- to approve thi~ instrument in 'writing on or before______JJ.lnB__J...S H>._7_Q_. QI:if ~itle is not :":'!,.-"rchantable and \\Titten notice of defects is given to the 5eller or ag:ent \vithin the time herein p,'ovided fo" delivery of deed and shall not be rendered merchantable within ~O days after such writ,"'n notice, then this contract, at purchaser's option, shall be void and of no effed Hnd each party hereto shall he relea:sed from all obligations he1',,'~"lnder and the payments made hereundershall bE" returned forth....\...itl1 to purchn~el" UlfOt1 return of the ahstract, if 2ny, '0 seIler;.provided, however, that in lieu of correct in?; such defects, seller ma)", ".\thin said 30 days. obtain a commitment for O\\:ner"s Title Insurance Policy in the amount of the porchase price sho\;:ing the title to be free fI'orn s'\.iI~h defects and seller shall pay full premium for such Title In~urance Policy. 11. Additonal Provisions: 12" Upr.m approval hereof by the seller, this agreement shall become a contract bet\',"~en seller and purchaser and shall inure to the benefit of the heirs, successors and assign5 of sai~ parties. ~/J/7?/ 77 /-Lv2o.~!/....J'... 6,,-:?-7<;\i<ent P\lr...h:l~cr / '.' Datl:c'. . . By: Dlltc J'ur",""r.a"~l:r u-" SeneI' approves the above contract this 1 day of ,19& and ""rees to pay" commi"ion of -6 .- % of the gross s.les price fOI".e vkes in this transaction. and a",'ees that, in the ever.' of forfeiture of payments made by purchaser, such payments shall he divided hetween the seller's broker and the- , ~"", """o."""^"'~ ,,,' "" "''''',,' ", ,,,mm"';""' ,,,, ,', ,,,',,"','" ", ""e<, \t?,-,,^- C--- -^-'---- ( \ s,rT, S,lle< J PUl'"h"SH's Add,.ess,_~ r 72--6 ''\ Sel!ds Address ~.f / /05 "