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HomeMy WebLinkAboutcoa.lu.ex.33 Pitkin Mesa Dr.0051.2007y. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0051.2007.ASLU PARCEL ID NUMBER 2735 013 00004 PROJECTS ADDRESS 33 PITKIN MESA DR PLANNER JESSICA GARROW CASE DESCRIPTION SUBDIVISION EXCEMPT REPRESENTATIVE ANNE MARIE DATE OF FINAL ACTION 09/08/2009 CLOSED BY ANGELA SCOREY on 12/15/2009 ~~, ~~,Q Co~clo P.~cr~ ~ecoQclat~r~ Lv~ft~ (331~i~ Meba~ ~~'~m ~lo..5t~-1o~~ ~.kN~ ~Z . pa~~ No. -. 2ln-~ LEONFRU M. OATES RICHARD A KNEZEVICH TEU D. GARDENSWARTZ DAVID f3. KELLY MARIA MORROb"J OF COUNSEL. JCI IN T. KELLY STEPHEN R. CONNOR ANNE MARIE MCPHEE VrcNDY FOSNEDT SARAH OATES' LAdv oFFlccs OF OATES, KNEZEVICH, GARDENSWARTZ Hv KELLY, P.C. f ROFESSIONHL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E HOPKINS AVENUE ASPEN, COLORADO, 81611 'L'~rv2f-ro FRACi.oE IN GO AuD WY aenn6tiG October 6, 2009 Jessica Garrow City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Re: Revised Condominium Map for Pilkin Mesa Duplex Condomiuiums Dear Jessica, TELEPHONE X9]0)920-1]00 FACSIMILE (W O) 920-1121 amm~okgiaw.mm Enclosed is a copy of the revised condominium map for the Pitkin Mesa Duplex Condominiums with the changes requested by the engineering department. It was necessary to dd a new page 2 in order to show the point of beginning for the survey. Please let me know if these changes are acceptable and if we should have tae map prepared on mylar. Thank you for yorit' help with this. Sincerely, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. By ii' ~~ d~ Anne Marie McPhee AMM/ Encl. ~. , LWNAftO M. GATES RICHARD A KNEZEVICH l'EO U. GARDENSWARTZ DAVID a. KELLY h1ARIA MORROW OF' WUNSEL JfJHN T. KELLY STEPHENR GONNOR ANNE MARIE McPHEE 4VENDY FpSNEOT .-.,, LAW OFf IG[S OF GATES, KNEZEVICH, GARDENSWARTZ ~ KELLY, P.C. PROFESSIONAL CORPORATION ThIIRD FLGOR. ASPEN PLAZA 6UILDING .`33E HOPKIN6 AVENUE ASPEN COLORADO 81611 RECEIVEb SEP 11 2009 /~CrITY~}OF ASP~EQN~~ C~VnI' t ~Vf 1111.1 I September 11, 2009 TELEPHONE (9]8) 920-17n0 FACSIMILE (870)820-1121 ammCokglaw cm VIA HAND DELIVERY Jessica Garrow City of Aspen -Community Development Aspen, CO 81611 Re: Richard Petrick - 33 Pitkin Mesa Drive Dear Jessica: Enclosed is a hard copy of the revised plat for 33 Pitkin Mesa Drive. Please let me know if you need anything further. Thank you for all your help with this. Very Truly Yours, GATES, KNEZEVICH, GARDENSWARTZ a4c KELLY, P.C. Hy ~-. Anne Marie McPhee AIv1M/maf Encl. ~ .L- -- _-°--~ - - ~n-._--------------- LEONARD MAATES 31.^.HARO A KNEZEVICH 'ED D. GARDENSWARTZ DAVID fl KELLY MAP,~p MORROW GF rvJUNSEC JOHN T. KEU_V STEPHEN R.CONNOR ANNE MARIE MCPHEE STACV FEINEERG' WHITNEY L. NELSON^ LHW OFFICES OF GATES, KNEZEVICH, GARDENSWARTZ 8v KELLY, P.C. FlROFESSiONAL CORPORATION THIRD PLOOF. ASPEN PLAZA BUILDING 53a E. HOPKINS AVENUE ASPEN, COLORADO, J161i TELEPHONE (9]0) 9201]00 FACSIMILE (9]07 920-0121 'NOI YET I.IGENSF.D IN GQ LICENSED IN GA. ^NOT VET LIG[NSED IN CO. LICENSED IN TN. Jessica Garrow City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 September 11, 2007 ammL okglawmm jw7~ Ww. .,w .~ ~,, ,- ~3 Y., ~57-~ : 1 j~®~ ( .... C0~{,yGH1iYGG~ p~NT Re: Application forApprovai of Plat for Duplex Condominium - 33 Pitkin Mesa Drive Dear Jessica, Enclosed for your review is an application packet for approval of a Duplex Condominium Plat for ;he property at 33 Pitkin Mesa Drive (Parcel #27350130004). The residence at the property is constructed so that the building can be treated as a horizontal duplex with the two uppermost floors ti:nit l) separate from the lower unit (Unit 2). An accessory dwelling unit is also associated with Unit i. Each unit has its own entrance, bedrooms, bathrooms and kitchens. An elevator which serves Units f and 2 has locking doors so that the elevator cannot be used by a unit owner to access the other unit. Fn~losed in the racket is the Agreement for Payment of Application Fees, Land Use Application Form, Dimensional Requirements Form, Power of Attorney for Richard Petrick, 24" x 36" draft Duplex Condominium Plat, and check for $705.00. Two copies of the application packet are provided. Please let me know if you have any questions or need any additional materials. We look forward to working with your office on this matter. Sincerely, GATES, KNEZEVICH, GARD~EN~SWARTZ & KELLY, P.C. By_~~ i~2~~~ Anne Marie McPhee r1wT~~ AMM/ Encl. <°~1 4~ APPLICANT: ATTACHMENT 2-LAND USE APPLICATION Name: Richard Petrick & Assoc. Location: 33 Pitkin Mesa Drive, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) ParcellD#{REQUIRED) 273501300004 REPRESENTATIVE: Name: Anne Marie McPhee, c/o Oates, Knezevich, Gardenswartz & Kelly Address: 533 E. Hopkins Ave., 3rd Floor, Aspen, CO 81611 Phone#: 970-920-1700 PROJECT: Name: n,rnlex condominiumization of 33 Pitkin Mesa Drive Address: c/o Anne Marie McPhee, (see above address) Phone#: 970-920-1700 TYPE OF APPLICA170N: (please check all that apply): ^ Conditional Use ^ Special Review ^ Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Lot Split ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Conceptual SPA ^ Final SPA (& SPA AmendmenQ ^ Subdivision © Subdivision Exemption (includes condominiumization) ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Temporary Use ^ Other: ^ Text/Map Amendment EXISrmG CONDIT70N5: (description of existing buildings, uses, previous approvals, etc.) The constructed building is currently a single-family residence. Applicant wishes to convert the residence to horizontal duplex condominium. PROPOSAL: descri tion of ro sed buildin ,uses, modifications, etc. The structure will be deemed a duplex condominium. No physical changes are •equired. The units already have separate entrances which can be locked off, t ~ nwn kitrhans. haths.and bedrooms. it Have you attached the following? FEES DOE: $ 7 0 5 . 0 0 ^ Pre-Application Conference Summary ® Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ / All plans that are larger than 8S" x 11" must be folded and a floppy disk with an electronic copy of all w '~t~ ~p ~ ~'+~ text (Microsoft Word Format) must be submitted as part of the application. 11't' - 1 7407 Cis ,' '~~t'EN COMMUNI l r D~VELOPk~Ni ... ~•~. ~.. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A reement for Payment of City of Ascen Development Aoolicatioo Fees CITY OF ASPEN (hereinafterClTY)and Richard Petrick (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Approval of a duplex condominium plat for Pitkin Mesa Duplex Condominiums (hereinafter, TILE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a wndition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of [he proposed project, it is not possible a[ this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and [o thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following [heir hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when [hey are necessary as costs are intoned. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that i[ is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application wmpleteness, APPLICANT shall pay an initial deposit in [he amount of $ 7 0 5 . 0 0 which is for ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings [o CITY to reimburse [he CITY for the processing of [he application mentioned above, including post approval review a[ a rate of $?35.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agees that failure to pay such accmed costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT gy; "hnG~~~"""~ o - l N - Fi4c X02 Chris Bendon /~ ~~~~ ~~` iCsr~ Community Development Director Date: `' rrr ~~ Bill To Mailing Address and Telephone Number: ~~A'R-s ~tiZ£utckF ~>sw•a~aa~L~'I IBC l~-It.~•. •4uu~ `rt~zf~~c~~r~ X33 G• ~o~t ~Go.~Tm'tzo ~~19u,2 ~~os ~zs- r~oo RIE~~~~,~~p err' _ ~ 2~~~ ti ~ t~,~PEN COMMUNITY GEVELOPMENT .~. ~~ , .., ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: 33 Pitkin Mesa Drive Duplex Condominium Applicant: ..,.__a .,e.,-+,.k Location: 33 Pitkin Mesa Drive Zone District: R-15 Lot Size: 4.412 Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in [he Municipal Code.) Commercial net leasable: Existing:n/a Proposed: n/a Number of residential units: Existing: 1 Proposed: 2 Number of bedrooms: Existing: 6 Proposed.• r,~ nhange Proposed % of demolition (I-Iistoric properties only): DIMENSIONS: Floor Area: Existing: 6093' Allowable: >7020 Proposed: no change Principal bldg. height: Existing: 23.48' Allowable: 25' Proposed: no change Access. bldg. height: Existing:~a Allowable: Proposed: n/a On-Site parking: Existing.carport Required: Proposed: n/a %Sitecoverage: car garage Existing: Required: n/a Proposed: n/a % Open Space: Existing: Required: n/a Proposed: n/a Front Setback: Existing: 28' Required: 25' Proposed: no change Rear Setback: Existing: 204 Required: '10' Proposed: no change Combined F/R: Existing: 232 Required: 35' Proposed: no change Side Setback: Existing: 18' Required: 10' Proposed: no change Side Setback: Existing: > 100' Required: 10 ~ Proposed: no change Combined Sides: Existing: >118' Required: 20' Proposed: no change Distance Between Existing n/a Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: ~~~~~ " '"'® ~- ? 2007 COMMUtai ~'r utv:LOPMENT Sea-0~ 200T 16:47 From-THE UPS STORE 3939 3236499314 ,a,f T-513 P.002/004 F-690 WHEN RECORDED RETURN TO: Narne: /~{{ 1t . Address: Elvin rnR'Rr~ Iv\C btt~ POWER OF ATTORNEY (BEAT, ESTATE) KNOW ALL MEN BY THESE PRESENTS, that I/We Richazd K. Petrick hereby make, constitute and appoint Anne Marie McPhee as my true and lawful attorney in fact with full power and authority in my name and in my stead and on my behalf: The Power to perform any and all acts necessary to purchase, sell, convey, transfer title, deliver deeds, bargain, encumber, or contract for the sale or purchase of certain real property described as follows: A hnct of land being part of Lots 15 and the NW 1/4 of the SW 1/4 of Section 1 and part of Lot 12, Section 2, all in Township 10 South, Range $5 West of the 6th Principal Meridian. Said tract is more fully described as follows: Beginning at a point on the Westerly line ol'the County Road whence the Southwest Corner of said Section 1 bears South 12°05'20"" West 1442.14 feet; thence South 06°05'30"" West 615.21 feet; thence West 325,00 feet; thence North 00°35' East 878.70 feet; thence East 340 feet more or less to the Westerly line of the County Road; thence Southerly along the Westerly line of the County Road 275 feet more or less to the point of beginning. EXCEPTING THEREFROM P1TKIN MGSA SUBDIVISION, BLOCK 1. County of Pitkin, State of Colorado also known by street and number as: RECEIVED SEP i 1 ?~OQ7 file NumAcr: Power of aaornoy ~- Duycr (Individunl) Yugc 1 oP3 COMMU+v++ r ~LrtLOPMENT 3238488314 T-513 P.003/004 F-680 Sep-0~-2007 16:47 From-THE UPS STORE 3939 --~ 2, "1'o execute and deliver a Warranty Deed or Quit Claim Deed conveying said real property to a third P~'~ 3. To execute a promissory note or notes creating and evidencing an obligation as therein set forth, and to execute a. Deed of Trust encumbering the above described real property and securing the repayment of the obligations described in said promissory note, and to execute all assignments of rents, financing statements, and security agreements in addition to the Deed of Trust to secure repayment of the obligations set forth in said promissory trots. 4. To sign at my behalf settlement statements, disclosure statements, acceptance statements, affidavits concerning mechanic's liens, assignment of seturity deposits, extensions of the contract for purchase and sale, and any and all other documents and instruments required as part of the closing function pertinent hereto. 5. To disburse, receive, manage and control money, funds, and credits perurining to said closing function. AND in general I give my said attorney in fact full power to handle all my business affairs in such manner and with such authority as myself might exercise, including the power to make, execute, and acknowledge instruments of every kind which may be proper or requisite to effectuate all or arty of the premises. 1 hereby ratify, `cont7rm and approve each and every' act of my said attorney heretofore and hereafter taken in conformity with this power of attorney. Tl-JiS power of attorney shall be effective until revoked by me in writing, such revocation to be delivered to the attorney in fact above named. Everyone dealing with my said attorney in tact shall be entitled to rely upon the certifcate of such attorney in fact to the effect that his/her power is in effect and has not been revoked. fliIS power of attorney shall not be affected by the disability of the principal. iN W1TI~TE55 WHF..TZL OF, T have set my hand on this /day of _~' , 1 ~ 3e-vc- '~n~ ~~ { ~;~~ ~ SEP 11 2007 CITY OF ASPEN F'ilr NIIn1Al'Y' Powrr of Attorney -lfuycr (Individual) Pagc 2 of 3 Sep-DI-2007 16:47 From-THE UPS STORE 3939 3239488314 T-513 P.004/004 F-090 STAT F ~ F~~-~' i"f- COU T OF ~~i ~(~~j The re oing instniment was Acknowledged before me this ~~ day of ~~• -7 , by Richard K. Pavick My clom~mission expires ~~--•~'~7 Witness my hand and official. seal. File NnmAer: Power otAaomey - Auycr llndividueq Pege 3 of 3 + JASON MIRZA - ~ Commisslon ~1f 1454272 __ _m, - Notary PubOC - Calitornla - - x"~ Los Angeles CaunN w^" My Comm, Expl~es Decd, 2001 RECEIVE® sFa ~ 1 2007 :.:,~.~~JEN CON~Nu~rii ~ urvELOPMENT r~ THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: September 18, 2007 Deaz City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property aze 0051.2007.ASLU, 33 Pitkin Mesa Drive and 2735-013-00-004, respectively. I will be handling this case. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 4. 5. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ^X Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. Thank You, 1G~~ J ssica Gan lanner ity of Asp ommunity Development Department G:\cityVessica\Cases\33 Pitkin Mesa\CompletenessLetter_33Pitkin Mesa.doc °^NA',<U r', tllif F° -~nz~ A {~uc%NIG41 ~ ~ 4ARTZ 1, ~. c F^: i ~ t)^:`~4 i' A u~P: l.: ': ..ES Oi ~~ GATES, KIVEZEVICIi, GARDENSWARTZ ~ KELLY, P.C. PHOEess~on~nE COHPOeanoN i! ilkG ALOOF.. ASPEN PLAU. BUILDING s~3 ~. i1oPM~+~ nvENUe ..~^EV, cni o~AOO. e^. r,~ i nr.. Ni n -ic ~~~r~i=- reEeP~ioNe u2m 9zn--~ 2ua EAg9MILF (9]01920-t ~ 2'. marsa(n~ckylaw.cow HAND DELIVERY Date: August 28, 2007 To: Jessica Garrow Community Development City Hall, 3`d Floor Aspen, CO 81611 Re: Pitkin Mesa Duplex Condominiums Enclosure: Plats of Pitkin Mesa Duplex Condominiums Requested Action: ^ For your information. ^ For your recordslfiles. ^ At your request. ^ For your completionlresponse. ^ For your review and comments. ~ For your review and approval. ^ Date, sign and return to our office ^ Call our office upon receipt. ^ Advise our office how you wish to proceed/reply. ^ Record and return conformed copy/envelope enclosed. X11 f~ ry1 lam X10 sib m~1~~ Remarks: Anne Marie McPhee is currently out of the office at a mediation and has asked me to forward onto to you not only the plats, but the following information. The enclosed are plats of the Pitkin Mesa Duplex Condominiums. The elevators can be locked off. Stephen Kainpe was just out there doing the certificate of occupancy review and he can confirm this. In the event that you need to send someone out to confirm this again, please find out what's the earliest time that works and Anne Marie will make it happen. She should be back in the office tomorrow and in the event that you have any questions please feel free to give her a call. Sincerely, Mar a Fowler, A istant to Anne Marie McPhee ,~, Prc-Annexation Agreement ~"""' - _ _~ Petrick Property __ P ~~~ I ..._ ._._.---_..._. PRE-ANNEXATION AGREEMENT PETRICK PROPERTY 7'l II,S PRE-ANNEXATION AGREEMENT ("Agreement") is entered into and made on the i-~1-~'. day of /~nl~r2t;+~ , 2001, by and between the City of Aspen, a Colorado home rule municipal corporation, whose address is 130 South Galena Street, Aspen, Colorado 81611, hereinafter referred to as the "City"; and Richazd K. Petrick hereinafter referred to as "Landowner". This Agreement shall become effective following execution by the Landowner and upon approval by the City Council of the City of Aspen evidenced by a duly approved resolution and by the execution of this Agreement by either the City Manager, Mayor, or Mayor Pro-"['cm. RECITALS AND REPRESENTATIONS WI-IEREAS, the Landowner represents that he comprises 100% of all owners of a parcel of land commonly known as the Petrick Property, being more particulazly described in Exhibit A appended hereto and incorporated herein by this reference ("Property Proposed to be Annexed"); and WHEREAS, the Property Proposed to be Annexed is more than 1/6 contiguous with the existing City boundaries and is otherwise eligible to be annexed into the municipal boundaries of the City in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et seg.; and WHEREAS, Landowner and City desire to annex the Property Proposed to be Annexed into the municipal boundaries of the City of Aspen on condition that all of the terms and conditions of this Agreement aze met; and WHEREAS, the City is a home rule municipality of the State of Colorado and is authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and WHEREAS, the Landowner has, in accordance with C.R.S. Section 31-12-102, petitioned to have the Property Proposed to be Annexed to be incorporated within the boundazies of the City of Aspen. NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS AGREED AS FOLLOWS: ( `.Final Pnrick rlyreement Nevised doe U;/22101 9.10 rM 9,e,~ lot, (~~l~i Or~~-~I,S-e~i~ 2~ ~~ni~~a O~rc1~~ ~ear',eS2rxo Pre-Annexation Agreement Petrick Property P't~:e3 1 . Lmidowner acknowledges that annexation of property to the City of Aspen municipal boundaries is within the plenary legislative powers of the City Council and the decision to annex property is entirely within the sound discretion ol'the City Council and the rights of referendum and initiative reserved unto its citizens. Landowner fitrther acknowledges that the following terms, conditions, and restrictions for future land use development of the Property Proposed to Be Annexed arc material considerations of the City Council in approving the annexation of the Property Proposed to Be Annexed. ~aihu'e to comply with this Pre-Annexation Agreement by the Landowner shall, in the sole discretion of the City Council, lead to de-annexation of the Property Proposed to fie Annexed. 2. A major concern of the City in determining whether it is in the interest of the City to annex the Property Proposed to be Annexed is whether Landowner is able to adequately stabilize the slope on the property that was disturbed in the past or will be disturbed by additional construction on the property. Exhibit B shows the approximate location of the area designated for slope stabilization. Landowner is concerned that the cost of stabilizing the slope to the satisfaction of the City may be cost prohibitive. Accordingly, the parties hereto agree that the following is a specific condition precedent to the annexation of the Property Proposed to be Annexed. Within six months after the date of this Pre-Annexation Agreement, but before annexation, Landowner shall cause to be prepared and present to the City a detailed landscape and slope stabilization plan showing stabilization techniques to the City of Aspen's Community Development Department showing the size, species, quantity, and location of all existing and planned native vegetation and retaining walls in the areas proposed for slope stabilization and re- vegetation. The landscape and stabilization plan shall include an estimated budget for the total cost of the work. The presentation of the aforementioned landscape and stabilization plan to the City shall constitute Landowner's agreement to have the re-vegetation and stabilization plan implemented in accordance with this Agreement following the annexation of the Property Proposed to be Annexed. If the re-vegetation and slope stabi]ization plan is determined to be acceptable by the City's Pazks and Engineering Departments, the City Council shall approve and adopt an ordinance annexing the Property Proposed to be Annexed into the City limits of the City of Aspen. If Landowner fails to submit a re-vegetation and slope stabilization plan within six months after the date of this Pre-Annexation Agreement, then such failure shall be considered by the City as a withdrawal of the Petition to Annex by the Landowner, this Agreement shall become null and void, and the City shall be relieved of any obligation to annex the Property Proposed to be Annexed. 3. After annexation of the Property Proposed to be Annexed, any future development upon the Property Proposed to Be Annexed shall conform to the following conditions, restrictions and terms: a. If the property is rezoned to R-15, the Landowner shall provide one (1) accessory dwelling unit of at least 600 square feet of net livable space. The unit shall be deed restricted to mandatory occupancy prior to the issuance of the Change Order to the building permit. This condition may be waived by City Council if City Council makes a determination that adequate on-site parking for the accessory dwelling unit cannot be provided in a reasonable or appropriate manner. lPlnal Penick lyrecmem Revised doe 032'J01 930 4M ~.., Pre-Annexation Agreement ~""' Petrick Property I' jge 3 h. Unless the ADU requirement is waived pursuant to 3.a., above, the Landowner shall grant to the Aspen/Pitkin County Housing Authority an option to purchase for $10.00 an undivided 0.01 % interest in the ownership of the unit of the property containing such accessory dwelling unit. Such option shall be exercisable only if Landowner or any successor in interest to Landowner in the property challenges the enforceability of the deed restriction required by Section 3.a above pursuant to C.R.S. § 38-12-301, as interpreted pursuant to Town of Telluride v. Lot Thirty-Four Venture, L.L.C., 3 P.3d 30 (Colo. 2000). Such option shall contain a real covenant by which Landowner agrees that lte will not make any such challenge. If C.R.S. § 38-12-301 is hereafter amended such that there remains no reasonable question concerning the enforceability of the deed restriction required by Section 3.a, then the City of Aspen shall cause the Aspen/Pitkin County Housing Authority to release and waive the above-described option (or if such amendment occurs prior to the grant by Landowner of such option, then it is agreed that such option shall no longer be required hereunder). The Landowner may submit an alternative option to satisfy the mandatory occupancy issue acceptable to the City Attorney. c. The Landowner shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar changes related to ownership of an interest in the property. The City Attorney shall approve the legal documents granting the indemnification set forth above. d. All exterior construction activity on the residential stmcture shall conclude on or before March 31, 2001. e. A conservation easement, deed restriction, or other similar mechanism acceptable to the City's Attorney's Office shall be placed over the entire pazcel, excluding the residence, designated parking azeas, and access. No development outside the existing building envelope and driveway(s) shall occur, excluding slope stabilization, re-vegetation, driveway grading, and fencing in compliance with the City of Aspen's Municipal Code. f. The property shall never be re-subdivided or further subdivided (except into a duplex as contemplated by the Building Permit under which Landowner is performing the improvements and renovations permitted pursuant to this Agreement and an accessory dwelling unit as may be required pursuant to subpazagraph 3.a above). g. Any future changes to the exterior of the building shall comply with all provisions of the then current City of Aspen Land Use Code, and be subject to an 8040 Greenline Review and Residential Design Standazds, unless determined to be exempt pursuant to the standards in effect at the time. h. The building shall be limited in size to that existing at the time the Certificate of Occupancy is issued, or the City's current Land Use Code, whichever is more restrictive. All construction in progress under a valid Pitkin County building permit at the time of annexation may be completed irrespective of this provision. i. The Landowner shall indemnify and hold harmless the City of Aspen from any claims, liability, fees or similar charges related to any and all damages to adjacent and downhill c ~r~~.i r~~d~~ :~~,am~~~ ae~em.m~ ovxzio i s ~o nn~ Pre-Annexation Agreemetn "' °~ Petrick Property Pne 4 properties, including access and the public right-of--way for all potential erosions and rock falls resulting from or above the subject property. If a third-party makes a claim or files an action against the City covered by the indemnity obligation in the preceding sentence, the City shall promptly notify the Landowner of such claim or action in order to give the Landowner an opportunity to take such action as the Landowner may deem appropriate (e.g„ providing legal assistance to the City) to minimize the City's liability and, thereby, the Landowner's indemnity obligation. In addition, the City shall not settle any claim or action for which it intends to seek indemnification from the Landowner under this subparagraph without first notifying the Landowner of the terms of such settlement and giving the Landowner an opportunity to comment on such terms. The Landowner shall record a new plat showing all site improvements, including, the building envelope, access, parking areas, and retaining walls. k. The Change Order to the building permit application shall include: 1) A copy of the final and recorded City of Aspen Ordinance. 2) The conditions of approval printed on the cover page of the building permit set. 3) A completed tap permit for service with the Aspen Consolidated Sanitation District. A set of detailed plans showing all units need to be submitted to ACSD so that a detailed estimate of service fees can be performed. 4) Detailed plans demonstrating an adequate fire sprinkler system and alarm system for the new buildings. The Landowner must replace the service line with a minimum of 2", or whatever is calculated by the sprinkler designer, as approved by the Aspen Fire Marshal, to provide the required flows. The plans must also include detailed information on how all of the potential residences' sprinkler systems will work together. 5) Detailed plans for the building showing units to the Aspen Fire Mazshal so when smoke is detected in a unit the firemen know which level and location to go to. 6) Detailed building plans showing all unit separations and points of entry and exit. 7) All on-site drainage needs to be shown on the change order to the building permit application, including a drainage plan and an erosion control plan, prepared by a Colorado licensed Civil Engineer, demonstrating how sediment and debris on-site during and after construction will be maintained. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. The drainage plan is subject to the City Engineer's approval. 8) A fugitive dust control permit for the remainder of the construction, if required by the City's Environmental Health Department. 9) Detailed re-grading plans for the south driveway demonstrating compliance with the City of Aspen's Municipal Code for driveways to the extent possible, approved by the City Engineer. The City Engineer shall approve the re-grading. UFlml 1'eviek Aeaemmr Revised dac 034J01 4l0 AM ~.,, ., ~, I're-Annexation Agreement ~""~ Petrick Property I',ige 5 Prior to the issuance of a Change Order to the building permit: 1. AI] tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 2. Payment for Pitkin Mesa Drive street improvements in the amount of $3,000 to the City of Aspen. m. The Landowner shall implement the re-vegetation and slope stabilization plan referenced above at Section 2. The Landowner shall provide a Letter of Credit in an amount equal to one-hundred twenty percent (120%) of the estimate of the cost to perform the work set forth in the re-vegetation and slope stabilization plan referenced in Section 2 above to the City of Aspen for financial assurance that that the slope stabilization work will be completed within three (3) yeazs of the annexation at the Landowner's expense. The Letter of Credit shall have an expiration date of three and one-half (3 %:) years beyond the date of the annexation of the property. It being understood that Letters of Credit aze often available only in one-yeaz increments, it is agreed that, in the alternative, Landowner may obtain a Letter of Credit in the amount described above beginning on (or as soon as practicable after) the date of annexation in the amount described above and shall cause such Letter of Credit to be renewed annually such that it will remain in effect for at least three and one-half (3 'h) years beyond the date of annexation of the property. If the re- vegetation and slope stabilization plan, as set forth in Section 2 above is not completed within three yeazs of the date of the annexation to the satisfaction of the City, the City may draw upon the Letter of Credit to complete the work. If the Landowner implements the plan to the satisfaction of the City, the City shall release the Letter of Credit to the Landowner and provide to Landowner an official letter in recordable'form detailing the Landowner's satisfaction of this requirement and releasing him of any further requirements with regazd to the landscaping and stabilizing of slopes pursuant to this Agreement. n. The north driveway/access shall be abandoned and re-vegetated pursuant to Section 2 above. The north driveway/access shall be re-vegetated prior to the final building inspection for the structure. o. If there are any encroachments into the public rights-of--way, the encroachment must either be removed or be subject to current encroachment license requirements. p. The Landowner shall not track mud onto City streets during the construction. A washed rock or other style mud rack must be installed during construction. q. Metering and ownership of the water lines needs to be expressed through the condominium (or planned community) association and in the condominiumization (or planned community) documents for the property. r. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. C\Final PeVicA Ayrecmnn Rn~ised doe OJ/2'J01 9901M11 Pre-Annexation Agreement `` PMrick Property I'.ige 6 s. No excavation or storage of dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. t. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way. u. The Landowner shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. No construction activity is allowed on Sundays. v. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. w. The Landowner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. x. The Landowner shall provide a minitnum of seven (7) parking spaces on site. Four (4) of the spaces shall be within the garage. This requirement may be reduced to six (6) parking spaces if City Council waives the ADU requirement pursuant to 3.a., above. 4. In the event that Landowner defaults in any of his duties as set forth herein, City shall have the right of enforcement by an action for specific performance filed in the Pitkin County District Court. In such event, the prevailing party in any such action, shall be entitled to recover all of its costs for enforcement, including reasonable attorney fees. 5. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 6. The parties hereto agree that this Agreement, by its terms, shall be binding upon and inure to the benefit of the successors, heirs, legal representatives, and assigns thereof and shall constitute covenants running with the Property Proposed to be Annexed. In the event that all or part of the Property Proposed to be Annexed is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 7. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Landowner or successors, heirs, legal representatives, and assigns thereof and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the City and Landowner that any person other than the City, or Landowner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 8. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity as a contractual obligation consistent with annexation agreements. Thus, this Agreement is intended to provide a cv~~~ni rndcA nerccnrom arr~.~aao~ mnvoi Aso nm Pre-Annexation Agreement `"'~ Petrick Property Page 7 contractual relationship between the City and the Landowner to ensure compliance with all rights :lnd requirements contained herein. In addition to any other available remedies, it is understood :md agreed that the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot within the Property Proposed to be Annexed in the event of a breach of this Agreement by the Landowner. The prevailing party in any litigation between Landowner and City concerning this Agreement shall be entitled to an award of its attorney fees and costs. 9. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 10. All or part of the rights, obligations or responsibilities set forth in this Agreement may be assigned by the Landowner to an entity in which the Landowner owns an interest, without requiring the consent of the City. 11. Invalidation of any of the provisions of this Agreement or any pazagraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement, except that if such invalidation diminishes the rights of Landowner, Landowner may elect to terminate this Agreement and render it null and void. 12. Upon annexation of the Property Proposed to be Annexed, the City shall record this Agreement with the Clerk and Recorder's Office of Pitkin County. Landowner shall pay the reasonable cost of recordation of this Agreement. The terms, conditions, rights and benefits of this agreement shall run with the lands to be annexed hereunder. 13. Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. 14. In the event that any person, corporation, special district, municipal or county government, or any other entity or person asserts any claim against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S. § 31-12-101 et sec ., or asserts any other claim, based on any theory of law whatsoever, challenging the rezoning and development of the Property Proposed to Be Annexed, or the approval of any land use approvals as contemplated by this Agreement, City shall vigorously defend against such an action and may consent to and permit the entry by the court of an order voiding the annexation or reach another means of settlement of claims. If by reason of such suit this Agreement is found to be void or unenforceable, then as between City and Landowner, this Agreement shall become cull and void, and if at such time the annexation of the Property Proposed to Be Annexed has already occurred, City shall, upon its own volition or upon a petition for de-annexation submitted by Landowner, approve the de-annexation of the Property Proposed to Be Annexed. Without limiting the foregoing, it is agreed that the Landowner is willing to have the Property Proposed to be Annexed annexed into the City of Aspen only if the City Council zones the property as part of the R-IS zone district immediately following its annexation of the property. If the Property (' Viwl Penick dSrennem Revised doe OlpY01 a9n AM Pre-Annexation Agreement Petrick Property Page 8 ,^ Proposed to be Amiexed is not zoned as part of the R-15 zone district immediately following annexation of the property or such zoning is successfully challenged in any court action or altered or nullified by any referred or initiated measure, then the City of Aspen agrees that it will promptly de-annex the Property upon a petition for such de-annexation from the Landowner. CITY OF ASPEN, a municipal corporation ATTEST: City Clerk LANDOWNER _~ RI HARD K. PETRICK STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) APPROVED AS TO FORM: Ci y Attorney Acknowledged before me this Z`'(~~ da of ~~=~-~t•(- y 2001, by - P-~.{{gL ~ 1°-i~+~ti2~ in his/her capacity as ~{,J~-~p ~ of ~-•i~ttS ~'t-~~ta Lam-? - i ~_~ ~ Notary ?-••'• •.C. My cotnmission expires: CHER1'~ • KOEHNE r ~.t ~~,ai vevmA ay.ermr„i a~~tod aoo nan~o~ o-;o.~a ,~-., s^ Pre-Annexation Agreement L/ Petrick Property Page 10 STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) Acknowledged before me this day of Petrick. ~' Notary My commission expires: 2001, by Richard K. ClFiml Pari& ASr~emmt Reri~ed da. Oi/"/01 990 AA1 ,~ Pre-Annexation Agreement ~, Petrick Property P:Ige 11 LIST OF LXL-Il[3t'I'S A - Lcga] description of property proposed to be annexed B - Approximate location of the at-ea designated for slope stabilization, as contemplated in Section 2 of this Pre-Am3exation Agreement 1PW-03/22/2001-G:\johnlworJ\ugr\Pctrick-pm-annex-finnLJuc c:r~m rev~~G r,,,~„„em nr~~,ea na miavoi o ;o aH ~~ I-4 1 [> i E i~-~ © SCHEDULE A ~• Order Number: 00025037 LEGAL DESCRIPTTON A tract of Iand being part of Lots 15 and the NW 1/4 of the SW 1/4 of Section 1 ` and part of Lot 12, Section 2, all in Township 20 South, Range 85 West of the t[ 6th Principal Meridian. Said tract is more fully described as follows: Beginning at a point on the Westerly line of the County Road whence the Southwest Corner of said Section 1 bears South 12°05'20" West 1442.14 feet; thence South 06°05'30" West 615.11 feet; thence West 325.00 feet; thence North 00°35' East 878.70 feet; thence East 340 feet more or less Lo the Westerly Zine of the County Road; thence Southerly along the Westerly line of the County Road 275 feet more or Zess to the point of beginning. EXCEPTING THEREFROM PITKZN MESA SUBDIVISION, BLOCK 1. 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