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HomeMy WebLinkAboutLand Use Case.1408 Crystal Lake Rd.0041.2010.ASLU Afr THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0041.2010.ASLU PARCEL ID NUMBER 2737 18 1 146 008 PROJECTS ADDRESS 1408 CRYSTAL LAKE ROAD PLANNER SARA ADAMS CASE DESCRIPTION ZONING MAP INTEREPTATION REPRESENTATIVE DENIS NIXON DATE OF FINAL ACTION 8.25.10 CLOSED BY ANGELA SCOREY ON: 10. 27.10 PUBLIC NOTI LE RE: INTERPRETATION OF THE LAND USE CO - 08 Cr ys tal Lake Ro NO DE TICE 14 IS HE GI a oode interpretation regarding the done district dosignation for Lot 8 of the Gordon /Callahan S ubdivision, a 1408 Crystal Lake Road was P.O. Box 1359, Laredo, TX 78042 r equested by the property owner Den nis . N The AFFIDAVIT O F PUBLIC NOTICE interpretation was rendered on 8/25/2010 and is RE QUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 av sable too public e inspetio In the and is s e9 7 0) Comm. ASPEN LAND USE CODE A e tlams (9]01 429-�2fT8 stl!a.atlamseci.aspan.co.us for more information. r Published in the Aspen Times Weekly on September 5, 2010 S ADDRESS OF PROPERTY: q 0 Z SL.I Lola— ! . e Aspen, CO • STATE OF COLORADO ) ) ss. County of Pitkin ) l - 114° — •Scg v - 1 (name, please print) I, r being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later p than fourteen (14) days after final approval of a site specific development plan. A co of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the p blication is attached hereto. Signatur / The foregoing "Affidavit of Notice" was knowledge ; fore me this - day of $ N , 2,00_, by A , WITNESS MY HAND AND OFFICIAL SEAL .d Pue� 1 S My le mmission expires: ��4 4 famh 20 t �( ::.i DA M. S T Lit 4 ,, ; A .NfNG > % �/ ,14` e' rotary Public '9 OF - an ; My Commission Expires 0312912014 ATTACHMENTS: COPY OF THE PUBLICATION • . 2-i Si- i� -1 - ��, - 06 Lfr1.2010./40,U Ella Edit Flawed /Inca Firm Raparls Format Iab WO 1 op4►x► °►044"19.JeAq5ti -1 €w qv vi®4* ' :f oi.1 € h Sflct Cl *I a 44 4 *Pill ci li 4 0 aa1 , n tysrw» IFsq IltaSurtta art, IM1;cum I Attadinnts IRwtar lam I +; (C1ammFields 'Sub Onsets (Parcels 1 .'Aspen Land Use 0041.2010.ASLU 4 08 CRYSTAL LAKE RD ASPEN ,_.. MICI Mail 12010 ■ , ' ` " 1 St: A .. ONING MAP INTERPRETATION AD "�-�'''" 7s U..BN COTE 8 EDWARDS 925 8700 1 (Running 1 04;1 0 1 f 7A112011 � I s& awaw f ,' -;1 I -tiii w *. owns Last 01 IWXON • I Rat paw !DENNIS 1DENNIS I PO BOX 1359 1 DRAWER 1359 phone 1(956) 925 -8700 Address LAREDO TX 78042 -1359 Applic ❑ Owner is appkeant? ❑ Contractor is applcant? Last name !KLEIN, COTE 8 EDWARDS, I. • I First name 1 201 N ML Phone 1(970) 925 -8700 Cust #126875 ` A I A ddress ASPEN N CO C 81611 Lender Last name .. I First name 1 1 1 Phone ( ) - Address i irp{gs thepflMr4 sedbas - iii_ .�... . _ — _ ____ _!lAsraalititOw/ sitilat a I O een __ CV- 4. 5 - (a A-wAcAA 50 - c �� v4 2s lag VYV1 )j34 O LVc-61-(Th q \I Q ti < \° r we‘ rwe 1/44.4 ' 4 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE INTERPRETATION JURISDICTION: City of Aspen TOPIC OF INTERPRETATION: 1408 Crystal Lake Road EFFECTIVE DATE: August 25, 2010 WRITTEN BY: Sara Adams, Senior Planner APPROVED BY: Jennifer Phelan, ` Community Development Depu Direc or .is AL SUMMARY The property owner of 1408 Crystal Lake Road (aka Lot 8 of the Gordon/Callahan Subdivision), represented by Klein, Cote & Edwards, LLC, requested a code interpretation of the zone district designation for 1408 Crystal Lake Road. The subject property is designated as part of the Rural Residential (RR) zone district on the Official City Zone District Map. BACKGROUND In 1976, the Callahan Subdivision/PUD was approved by City Council which included the Aspen Club and townhouses to the south of the Roaring Fork River and single family lots to the north of the river. According to Exhibit A of the Subdivision and Planned Unit Development (PUD) Agreement (Pitkin County Clerk & Recorder Book 312, Pages 110 thru 127), the single family lots located north of the Roaring Fork River (this included the subject property, Lot 8) were designated Moderate Density Residential, (R -15/ PUD) zone district. In 1983, City Council approved the Gordon Subdivision which comprised 2 lots northwest of the Callahan Subdivision along the flanks of the Roaring Fork River (Pitkin County Clerk and Recorder Book 15, Page 25 and Book 450, Page 368) which had R -15/ PUD zone district designation. In 1990, the Gordon/Callahan subdivision was approved via City Council Ordinance No. 41, Series of 1990 (reception # 329630). The re- subdivision created 5 lots: 2A, 2B, 2C, 8, and 9 by combining lots 8 and 9 of the Callahan Subdivision with lot 2 of the Gordon Subdivision to create the Gordon/Callahan Subdivision. An amendment to the Gordon/Callahan Subdivision was approved via City Council Ordinance No. 23, Series of 1993 (reception # 358874) that reduced the number of single family lots from five to two: Lots 2A, 2B, 2C and 9 were combined into one single family lot named Lot 9, and Lot 8 (the subject parcel) remained unchanged. The newly created 2.4 acre lot, Lot 9, was rezoned from R -15/ PUD to RR/PUD to accommodate the new, larger lot size. PURPOSE The purpose of this interpretation is to clarify the zone district designation for 1408 Crystal Lake Road, Lot 8 of the Gordon/Callahan Subdivision. DISCUSSION The property was zoned R- 15/PUD prior to the 1993 Amendment to the Gordon/Callahan Subdivision that rezoned part of the subdivision to RR. The amendment, Ordinance No. 23, Series of 1993 (referred to as Ordinance No. 23 hereafter), states that "the applicant, [Aspen River Friends], proposes to reduce the number of single family parcels from four to one single family parcel..." However, the 1990 final plat for the Gordon/Callahan Subdivision depicts 5 lots: 2A, 2B, 2C, 8 and 9. Aspen River Friends purchased single family lots 2A, 2B, 2C and 9, and requested approval to combine the lots into one single family parcel - Lot 9. The PUD /Subdivision Agreement (reception # 362898) that reflects the 1993 amendment clearly states that the rezoning from R- 15/PUD to RR/PUD pertains only to the newly created Lot 9. INTERPRETATION It is Staff's interpretation that Ordinance No. 23, Series of 1993 did not include Lot 8 of the Gordon/Callahan Subdivision; therefore Lot 8 has R- 15/PUD zone district designation. APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk @kcelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC* Irc @kcelaw.net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, 111 PC jee @kcelaw.net TELEPHONE: (970) 925 -8700 COREY T. ZURBUCH ctz @kcelaw.net FACSIMILE: (970) 925 -3977 EBEN P. CLARK epc @kcelaw.net www.kcelaw.net MADHU B. KRISHNAMURTI tnbk@kcelaw.net DAVID C. UHLIG dcu@kcelaw.net RECEIVED * also admitted in California JUL 2 3 2010 July 22, 2010 CITY OF ASPEN COMMUNITY DEVELOPMENT SENT VIA E -MAIL AND HAND DELIVERY Attn: Chris Bendon — Community Development Director City of Aspen Community Development Department 130 S. Galena Street — 3 Floor Aspen, CO 81611 Re: Request for Interpretation of Boundaries of Zone District Map Pursuant to Section 26.306.010(C)(1) of Aspen Municipal Code. Dear Chris: We represent Dennis Nixon, the owner of Gordon/Callahan Lot 8, also known as 1408 Crystal Lake Road, Aspen, Colorado 81611 (the "Nixon Property "). It has come to our attention that the Nixon Property is designated as RR on the Zone District Map and that this designation is incorrect. Originally, the Gordon/Callahan subdivision was comprised of the Nixon Property and 4 other lots (Lots 2A, 2B, 2C and 9). All of the Gordon/Callahan lots were zoned R -15. A copy of the Final Plat for the Gordon/Callahan Resubdivision, recorded January 4, 1991 is enclosed with this letter as Exhibit A and depicts the original platting of the Gordon/Callahan subdivision. A group of investors, the Aspen River Friends ( "ARF ") purchased Lots 2A, 2B, 2C and 9. ARF desired to reduce the number of single family parcels from four to one and applied to rezone its group of lots from R -15 to RR because the minimum lot size for the RR zone district is 2 acres and RR zoning was compatible with their plans to reduce the subdivided parcels from four to one 2.4 acre parcel. ARF applied to amend the Final PUD /Subdivision Plan for the Gordon/Callahan PUD and Subdivision and rezone the newly created 2.4 acre Lot 9 from R -15 to RR. Ordinance No. 23 (Series of 1993) approved the changes to the subdivision and the rezoning of Lot 9. Section 4 of Ordinance No. 23 is the legislative act of the Aspen City Counsel r~ rezoning the 2.4 acre Lot 9 from R -15 to RR. A copy of Amendment No. One, Final Plat Lot 9 Gordon/Callahan Resubdivision, recorded November 4, 1993, is enclosed herewith as Exhibit B. This shows the newly created 2.4 acre Lot 9. A copy of Ordinance No. 23 (Series of 1993) is also enclosed herewith. As stated above, Section 4 of Ordinance No. 23, recorded in July 15, 1993, rezoned the 2.4 acres of Lot 9. Our client is constructing improvements on the Nixon Property and has pulled a permit for those improvements. In connection with those improvements Mr. Nixon learned that the Nixon Property is incorrectly designated RR even though its zoning was not changed by Ordinance No. 23. Section 4 of Ordinance No. 23 re -zoned Lot 9, not the Nixon Property. The incorrect RR designation creates confusion and potential issues for the Nixon Property because under RR zoning, the improvements would encroach into the rear -yard setback and side -yard setback. I am enclosing a Site Plan that shows these encroachment issues as Exhibit C. We respectfully request that you issue an interpretation of the boundaries of the zone district map pursuant to Section 26.306.010(C)(1) of Aspen Municipal Code and cause the Nixon Property to be correctly designed R -15. Please let me know if you have any comments or questions. Sincerely, KLEIN COTE & EDWARDS, LLC By: David C. Uhlig Cc: Herbert S. Klein; Stan Mathis; Dennis Nixon; Jennifer Phelan; Claude Salter W:/ Encl. r m fri," I I if 4. 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' * IP p i ................. y, ',9„. 0 1 .., - .• -- i 11 ...... :?: S S c: - a .91/Z.Z • . n < — Va. • 9. e),t's_, ..•\ No \ th , • _,..„c_.1 < N g 4. ... - • -. •• : -.....: . 1 .3,, n •cP • • - ■ ....1 7 gii. , ■ ■ l' § ,■ ' • \ .1■-• .„-r- . > ..." ,, -, _ ,,.., #362898 11/04/93 11 :27 R $45.ia0 Bk: 729 PG 521 Silvia Davis, Pitkin Cnty Clerk, Doc $.O0 P.U.D SUBDIVISION AGREEMENT VW') �� LOTS 2A, 2B, 2C AND LOT 9 Lam GORDON CALLAHAN RESUBDIVISION THIS AGREEMENT is made this Y day of AX 1993, between THE ASPEN RIVER FRIENDS, a Colorado partnership, (hereinafter referred to as the "Owner "), and THE CITY OF ASPEN, a municipal corporation, (hereinafter referred to as the "City "). RECITALS WHEREAS, Owner owns that certain real property (hereinafter referred to as the "Property ") located in the City of Aspen, County of Pitkin legally described as: vialimpstailopesebowspole end. — 4 910 Gordon /Callahan Resubdivision according to the Plat thereof recorded in Plat Book 25 at Page 75 of the records of Pitkin County, Colorado, and; WHEREAS, the Owner submitted an application for, and received approval for a resubdivision of the above referenced property from the City on July 12, 1993, pursuant to Ordinance No. 23 (Series at 1993), for the consolidation of the aforementioned real property into one lot to be known as Amended Lot 9, Gordon /Callahan Resubdivision hereinafter the "Amended Lot 9" art . dtitt'ia3°° P.U.D. ; ,mod WHEREAS, the Owner has submitted to the City for approval, execution and recordation a plat for the Amended Lot 9, (the "Plat ") and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the provisions of the Code and other applicable rules and regulations; and WHEREAS, the City Ras imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owner and the Owner's successors and assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: #364►'8 11/04/93 11:27 Rec $45.0 Rk: 729 PG 522 4 " Silvia Davis, Pitkin Cnty Clerk, Doc $.00 AGREEMENT 1. Revocation and Supersession of Previous P.U.D. Subdivision Agreement. By their signatures hereon, the Owner and the City hereby revoke and terminate all of the provisions of that certain P.U.D. Subdivision Agreement for the Gordon Callahan Subdivision recorded in Book 637 at Page 137 and re- recorded in Book 638 at Page 88 of the records of Pitkin County as if such documents had never been recorded, as that document would have affected Amended Lot 9 and as that document would have imposed any obligation upon the Owner as the successor in interest to the previous Owner of Lots 2A, 2B, 2C and 9, Gordon Callahan Resubdivision, unless said obligations are expressly set forth in this document. 2. Description of Resubdivision. The re- subdivision consists of the re- configuration of Lots 2A, 2B, 2C and Lot 9 of the Gordon Callahan Resubdivision into one (1) free - market lot, which shall be known as Amended Lot 9, Gordon Callahan Resubdivision. Amended Lot 9 has a building right attached to it and is exempt from the Growth Management Quota System competition. In addition, the project may consist of one (1) accessory dwelling unit deed restricted to Housing Authority resident occupancy guidelines, the construction of which is also exempt from Growth Management Quota System Competition. In the event that the accessory dwelling unit is not constructed, the requirements of Ordinance 1 (Series of 1990) must be met at the time of the issuance of any building permit. 3. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Final Plat for the Amended Lot 9 submitted herewith. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder upon payment of the recordation fee and cost to the City by Owner and upon review and approval by the Engineering and Planning Department of the City of Aspen. 4. Free - Market Development Rights. It is recognized and agreed that the transferable development rights previously utilized to create Lot 2A and 2B of the Gordon Callahan Resubdivision remain valid, that such development rights may be transferred and utilized in connection with real property located elsewhere in the City of Aspen, subject to existing land use regulations. 5. Easement Grant. A pedestrian and bicycle path easement in the location as shown on the Plat and as defined in the Easement Grant recorded in Book Y at Page 51t of the records of Pitkin County is dedicated for the benefit of the City. 6. Protective Covenants. The protective covenants, recorded in Book Sac( at Page 5b6 of the records of Pitkin County, Colorado, encumbering the real property described in those protective 2 T , i_�0 BF( 729 PG 523 1 `i6289S il/ X4/93 11:27 Rec Dac•�� Silvia Davis, Pitkin Cnty Clerk, covenants, are hereby granted by the City for the benefit of the owner of Amended Lot 9 and the owners of Lots 10, 12, 14 and 15, Ute Place Subdivision. are hereby granted for the benefit of ARFP and the owner of Amended Lot 9 by the City. ea 7. Buildin• Envelo•e Patio Restriction Area a d tons Ar ea Limitation. The building envelope and patio Amended Lot 9 shall be as shown on the Plat. There shall a i rovements other than fencing, nn, no im p construction of any p driveways, the permitted improvements as set forth on the b Patio a th s referred to Area set Farago phthereon above and on the Amended Lot 9 outside p oside of the designated building envelope. Within the building envelope, a single family home with an optional accessory dwelling unit of the minimum required area as defined in the Aspen Municipal Code, may be constructed. The total allowable floor area of the single family home and the accessory dwelling unit shall not exceed 8,500 square feet as allowable floor ar s dined is by the Municipal Code in effect on January 9, agreed that any change in the Aspen Municipal Code which amends the definition of "allowable floor area" to anything different than the definition of "allowable floor area" as the same was contained in the Municipal Code of the City of Aspen in effect on January 9, 1991 shall in no way effect the "allowable floor area" on Amended Lot, as defined herein. Regardless of City when do or when n effective, it being recognized by the permanent vested right with respect to Amended Lot 9. 8. Right to Gra Am ended Lot 9. The Owner shall, subsequent to the recordation hereof, have the op grade Amended Lot 9 prior to the submission of a buildin g to permit application for improvements to be located upon Amended Lot 9, lan subject to the obligation of Owner to deliver to the City tyn p rom for preventing storm water run off caused by said grading entering the Roaring Fork River prior to the commencement of any grading. its 9. Relocation of Riverside approval of the Riv Ditch its discretion and subject to the a p Association, may relocate the Riverside Ditch from its current location to a new location. 10. Em p l oyee Housing. If constructed, the accessory dwelling kin unit on Amended Lot 9 shall be deed restricted to the theeAspen /Pitney County Housing Authority ( "Housing Authority ") grantee shall have guidelines only, provided that the Owner or its g eve halupae the right to designate the occupant nt of the uni of Amended Lot 9 at priority to qualified employees the time. A sample of the deed restriction for the eior accessorY the isssuance unit nce of a building dr which allows the11construction of an isua permit accessory dwelling unit, the Owner of Amended Lot 9 shall be 3 #36 jS 11/04/93 11 :27 Rec R45.9 Doc $.Q PG S24 Silvia Davis, Pitkin Cnty Clerk, Doc �.c'sO required to execute and deliver to the Housing Authority the deed restriction. The accessory dwelling unit is exempt from Growth Management requirements. 11. Improvement Districts. The Owner agrees to join any improvement district formed for the area in which Amended Lot 9 is located. 12. Wood - burning Devices. Any improvements on Amended Lot 9 shall comply with existing regulations applicable to wood - burning devices and gas devices. 13. Material Representations. All material representations made by the Owner on the record to the City in accordance with the approvals granted the Owner shall be binding on the Owner. 14. Fishing Easement. The predecessor in interest to the Owner dedicated to the use of the general public, for fishing purposes only and not as a public trail, a perpetual, non - exclusive easement and right -of -way along that portion of Amended Lot 9 lying between the centerline of the Roaring Fork River and a line which is five (5) feet (measured horizontally) above the high water line of the Roaring Fork River, as shown on the Plat. By its signature reserves the it elf, its grantees a successors and assigns, the right easement. The wner, to use and enjoy the easement area for all purposes which do not interfere with the public fishing rights dedicated hereby, and shall have only such responsibility or liability in connection with the use of the easement by the fishing public as set forth in C.R.S. Section 33 - 41 -101 et. seq.. 15. Enforcement. In the event the City maintains that the Owner is not in substantial compliance with the terms of this Agreement or the Plat for Amended Lot 9, the City Council may serve a notice of non compliance and request that the deficiency be corrected the O Owner believes p that d it forty-five compliance nce a or that he the event compliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged non - compliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 16. Notices. Notices to the parties Stat P ties shall be sent by es certified mail to the addresses set forth below or to l any other address which the parties may substitute in writing. 4 #362898 11/04/93 11:27 .,rc $45.00 Bk: 729 PG 525 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 To the Owner: Aspen River Friends Partnership c/o H.M. International 5810 E. Skelly Drive, Suite 1000 Tulsa, Oklahoma 74135 Attn: Peter Meinig With a Copy to: Brooke A. Peterson, Esq. Brooke A. Peterson, P.C. 315 E. Hyman Avenue Aspen, Colorado 81611 To the City: City Manager 130 South Galena Street Aspen, Colorado 81611 with a Copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 17. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on Amended Lot 9, Gordon /Callahan Resubdivision and shall be binding on and inure to the benefit of the Owner's and the City' successors, personal representatives and assigns. 18. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 5 • #1,,,02898 11/04/93 11:27 Rec $4✓00 Bk: 729 PG 526 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 19. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation kte IFA4A " KATHRYN . KOCH, JOHN I BENNETT, MAYOR CITY CL K Approved as to form: THE ASPEN RIVER FRIENDS, a Colorado Partnership By: t ✓4/ ROB; J. OWE, GENERAL PARTNER STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Agreement was signed before me this. day of /e d 1993 by JOHN BENNETT, Mayor, and KATHRYN S. KOCH, City Clerk, for THE CITY OF ASPEN. : O �4 1l11, J✓ Witness my hand and official seal. y n J My Commission Expires: 9, i, , * , +.. . No :S:ry Publ /., M_ " 6 9358874 07/15/93 15 :44 Rec $40.00 BK 718 P9 39 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ORDINANCE NO. 23 (SERIES OF 1993) Y AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R -15 (PUD) MODERATE DENSITY RESIDENTIAL TO ;' (POD) RURAL RESIDENTIAL, A SUBSTANTIAL AMENDMENT TO THE ' , 0 - 1 " ' .' . /8*BDIVISIO11 BLAN..+�OR THE PUD AND SUBDIVIS C2ii AND VESTED RIGHTS STATUS FOP- TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITRIN COUNTY, COLORADO. WHEREAS, in 1990 the Gordon /Callahan subdivision and final PUD development was approved by the City Council; and WHEREAS, the PUD / // subdivision plan included 4 single family lots, 2A, 2B, 2C and 9/and a lot line adjustment between lots 8 and , 9; and / FF ! WHEREAS, the Aspen River Friends (ARF) have purchased the Gordon /Callahan subdivision and have submitted an application to amend the PUD /subdivision development plan, to rezone the property III from R -15 PUD to RR PUD and vest their development rights; and WHEREAS, the applicant, ARF, proposes to reduce the number of single family parcels from four to one single family parcel, dedicate a trail easement for pedestrian and bikes, restrict the size of the single family home to 8,500 square feet of allowable floor area, eliminate the retaining wall along old parcels 28, 2A, and 9, modify the building envelope and ditch alignment of old lot 2C for the new single family parcel, retain one of the four previously approved accessory dwelling units, and vacate the 30 foot access and utility easement across old lots 9 and 2A; and WHEREAS, two "transfer of development rights" that were to be originally applied to the Gordon /Callahan PUD /subdivision shall be retained by the applicant (ARF) to be used elsewhere for future 1 r^. 4.3588 74 07 /15/93 15:44 Rec $40.00 gti; 718 P6 40 Silvia Davis, Pitkin Cnty Clerk, Doc $,00 development purposes; and WHEREAS, the applicant also proposes to rezone the property from R -15 PUD to RR PUD because the minimum lot size for the RR zone district is 2 acres, RR is compatible with the amendments to the final PUD /subdivision development plan to reduce the subdivided parcels from four to one lots, and a public trail easement is being dedicated; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24- 6- 205(A)(8)(c) of the Municipal Code. and did conduct a public hearing thereon on April 20, 1993; and WHEREAS, upon review and consideration of the amendments and rezoning, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development) and Division 11 of Article 7 (Zoning Map Amendments), the Planning and Zoning Commission has recommended approval of the Gordon /Callahan PUD /subdivision amendments and rezoning subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds 2 r'- -�, #358874 07/15/93 15:44 Rec $40.00 BK 718 PG 41 Silvia Davis, Pith in Cnty Clerk, Doc 2,.00 all applicable development standards and that the approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24 -7 -907 B. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 1. The Developer's amendment to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The amendment to the final PUD plan is consistent with or an enhancement of the approved final development plan. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Final PUD development plan approval for the Gordon /Callahan PUD /subdivision subject to the following conditions: 1. Prior to construction of various driveway and entry landscape features and excavation of a partial envelope pad the applicant shall receive an earth moving permit (to be amended for City applications) from the Aspen /Pitkin County building department. 2. If the applicant chooses to construct partial improvements pursuant to condition #1, storm runoff exposed to excavated material shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. A drainage plan shall be approved by the City Engineer prior to the issuance of the earth moving permit. 3. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 3 #358874 07/15/93 15:44 ke` $40.00Dgc � 42 Silvia Davis, Pitkin Cnty 4. The applicant shall file with the Pitkin County Clerk and Recorder an amended PUD plat and PUD agreement within 180 days of final approval or the approval as rendered herein shall become invalid. The amended plat and agreement shall include language restricting the allowable floor area of the parcel, including the accessory dwelling unit, to 8,500 square feet. 5. All representations that the applicant has made regarding this amendment shall be adhered to during any development. 6. All water, sewer, gas, electric, telephone and CATV connections will be the responsibility of owner of new Lot 9 at time of a building permit. 7. All landscaping will be by the owner of new Lot 9 except for improvements which may be constructed by the applicant described in condition #1. 8. Construction scheduling will be at the discretion of the applicant or assigns. 9. Costs for necessary public facilities related to construction of the single family home shall be borne by the applicant. 10. Prior to the issuance of any building permits, a deed restriction for the accessory dwelling unit shall be approved by the Housing Authority and recorded with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. 11. The Agreement between the City and Aspen River Friends shall be closed in order to validate this PUD /subdivision amendment and rezoning. pectiou 3: Pursuant to Section 24-7 -1102 of the Municipal Code, the City Council finds the following with regard to the zoning map amendment component of the application: 1. The proposed zoning amendment as set forth in the application is not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed zoning amendment is compatible with the surrounding zone districts and land uses. 3. The proposed zoning amendment will not adversely impact traffic generation or road safety when taken into 4 mMmmmpmmm #358874 07/15/93 15 :44 Rec $40.00 }3K 718 PG 43 Silvia Davis, Pitkin Cnty Clerk Doc $.00 consideration with the amendments to the final pUD /subdivision. 4. The proposed zoning amendment will promote the public interest and character of the City of Aspen. Section 4: Pursuant to Section 24 -7 -1102 and 24 -7 -1103, and Division 3 of Article 5 of Chapter 24 of the Municipal Code, and findings set forth in Section 2 above, the City Council does grant the following amendment to the Official Zone District Map and does designate the following zone district for the development subject to the conditions as specified below: 1. The 2.4 acres of the Gordon /Callahan PUD /subdivision shall be rezoned to Rural Residential PUD.` 2. if the amendment to the final PUD /subdivision plan is rendered invalid, this rezoning shall also be held invalid because the minimum lot size per dwelling unit (2 acres) shall be nonconforming. Section 5: All material representations and commitments made by the developer pursuant to the amended PUD /subdivision plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 6: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect the rezoning action as set forth in Section 4 above and such amendment shall be promptly entered on the Official Map in accordance with Section 24 -5 -103 B. of the Municipal Code. 5 *358874 O7/151 93 15:44 Rec 64ii. 00 BK 716 PC 44 F3i4:in CntyCler4., Do • Salvia Davis, �?� Section 7: Pursuant to Section 24 -6 -207 of the Municipal Code, III the City Council does hereby grant the applicant vested rights for the amended Gordon /Callahan PUD /subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 8: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or III unconstitutional in a court of competent jurisdiction, such portion 6 Cite / #358874 07/15/93 15 :44 Sec $40.00 BK 718 PG 45 Silvia Davis, Fitly n Cnty Clerk, Doc $.00, _. shall be deemed a separate, distinct and independent provision and h shall not affect the validity of the remaining portions thereof. Section 10: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title- 24, Article 68, Colorado Revised Statutes, pertaining to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 21: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12: A public hearing on the Ordinance shall be held on the /0 day of , 1993 at 5:00 in the City Council Chambers, Aspen City Hall, seen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the 10;$2, city council of the City of Aspen on the c (0 day of 1993. ( /►► (" John ennett, Mayor A. "._ l 7/ / z hiyn 1 -Koch, C 'ty Clerk NALL7;, adopted, passed and. this /41- day of ! k = 1993 . f I / lx 7 #358874 07/15/93 15:44 Rec $40.00 BI( 718 PS 46 Silvia Davis, Pitkin Cnty Clerk, Doc __$.0n John Bennett, Mayor *4 h Koch, City Clerk 8 .. C....:9333 01/04/91 16:14 Rec $4_.,00 BK 637 PG 137 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 #329630' 01/18 /91 11:47 Rec 100.00 BK 638 PS 68 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 P.U. SUBC IS_ON •G• 1 '/7 GORDON /CAI LnHAy U iz y g oN r G.,y' ea �h THIS AGREEMENT is made this 5 j day of , °r 1991, be tween JOHN A. ELMORE II and LIONEL L.»,Y -(the "O ers "), �t \ - b and THE CITY OF ASPEN, a municipal corporation (the "City "). y / Y1 RECITALS WHEREAS, Owners own that certain real property (the "Property ") located in the City of Aspen, County of Pitkin legally described as: :31! � Lots 8 and 9, Callahan Subdivision, according to the plat thereof, County of Pitkin (owned by Elmore); and Lot 2, Gordon Subdivision, according to the plat thereof recorded aU4e 0!. /fin -Plat Book 15 at_ Paga,, 25, R ption :,No. 1 052398,► County of Pitkin (owned by Yow) (((111��' and; WHEREAS, the Owners submitted an application for, and received approval for a conceptual P.U.D development plan from the City on April 24, 1988, for the development of a residential project (the "Project ") and final approval from the City for the Subdivision and P.U.D application as well as a grant of vested rights status to the Project on July 9, 1990 by virtue of Ordinance 41, Series of 1990; and !� WHEREAS, pursuant to the land use regulations of the Municipal Code of the City of Aspen (the "Code "), the Owners and the City enter into this P.U.D. Subdivision Agreement for the Project which will provide for the construction of the public improvements associated with the Project; and WHEREAS, the Owners have submitted to the City for approval, execution and recordation a plat for the Project (the "Plat ") and the City agrees to approve, execute and record the Plat on the agreement of the Owners to the matters described herein, subject to the provisions of the Code and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owners and the Owners' successors and assigns; and i #329333.01/04/91 16:14 Rec $95.00 BK 637 PG 138 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 #329630 01 /18/91 11:47 Rec $100.00 BK 638 PG 89 Silvia Davis, Pitkin Cnty Clerk, Doc x.00 WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: AGREEMENT 1. Description of Proiect. The Project consists of the reconfiguration of Lots 8 and 9 of the Callahan Subdivision and the subdivision of Lot 2 of the Gordon Subdivision into three free - market lots (Lots 2A, 28 and 2C). The terms of this Agreement shall apply to those five free - market lots owned by Owners, which are Lots 8 and 9, Callahan Subdivision and Lots 2A- 2C, Gordon Subdivision (the "Lots "). Each of the five free market lots has a building right attached to it so each lot is exempt from the Growth Management Quota System competition. In addition, the Project will consist of four accessory dwelling units deed restricted to Housing Authority resident occupancy guidelines, to be located on Lots 2A, 2B, 2C and 9. 2. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the final plat for the Project submitted herewith and reduced -size copies of which are attached hereto as Exhibit A which conforms to the requirements of Section 7 -1004 of the Code. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder, upon payment of the recordation fee and cost to the City by Owners. 3. Construction Schedule and Phasing. The City and the Owners mutually acknowledge that exact construction schedules cannot be determined at this time, and, further, that should Owners convey any of the Lots, they will not control the construction of improvements, other than public improvements, on the Property. However, it is anticipated that construction of any of the improvements approved for the Lots will begin no later than three years from the vesting of the Owners' property rights in their plans for the Lots. The anticipated construction schedule is as follows: a. The driveway (as shown on the Plat) and all other public improvements shall be constructed on or before June, 1991 and are anticipated to be completed as soon thereafter as possible. All such public improvements shall be completed by 2 #329333 01/04/91 16:14 Rec $95.00 BK 637 PG 139 Silvia Davis, Pitkin Cnty Clerk, Doc x.00 #329630 01/18/91 11:47 Rec $100.00 BK 638 PG 90 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Owners and inspected by the City prior to issuance of any certificates of occupancy for the Project or within three years of the date hereof, whichever first occurs. b. The landscaping improvements shall be installed in the first planting season following completion of construction, as more fully described in Paragraph 4. 4. Landscaping Improvements. In accordance with the Code, the landscaping improvements shall be installed as represented and shown on the plan attached hereto as Exhibit B, which plan shows the extent and location as well as the type of plants to be installed, and all landscape features, flower and shrub definition, proposed treatment of all ground surfaces (e.g., paving, sod, gravel, etc.) and the other elements of the landscape plan. All areas disturbed as a result of the construction on the Lots shall be revegetated prior to the issuance of any Certificate of Occupancy for each Lot. The rest of the landscaping shall be installed as soon as possible, no later than the first planting season following the completion of the construction adjacent to the area of planting. The Owners shall promptly replace any plants which have not survived for a period of two growing seasons following the final certificate of occupancy for the Project. The Owners shall document for review, by the Engineer, Parks and Planning Departments, those dead trees or shrubs, dead limbs from live trees or shrubs, and clearing of any dead material off the ground that shall be removed prior to June 1, 1991. The Owners and Planning staff have agreed to identify the live vegetation to be removed for defined view corridors by June 1, 1991. Any additional removal of vegetation after June 1, 1991 in the area between the stone wall and river shall require stream margin review. Prior to the issuance of any building permit before June 1, 1991, review by the Engineer, Parks and Planning Departments shall be required to determine that the Owners' action is consistent with the existing stream margin review. 5. Public Improvements. a. Water Lines. The Owners will provide a water line extension as shown on Exhibit C attached hereto. b. Sewer Lines. The Owners will provide a sewer line extension as shown on Exhibit C attached hereto, in order to service the Project. 3 r #329333 01/04/91 16:14 Rec $95.00 BK 637 PO 140 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 #329630 01/18/91 11:47 Rec $100.00 BK 638 PO 91 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 c. Fire Hydrants. The owners will install a new fire hydrant as shown on Exhibit C attached hereto. d. Relocation of Riverside Ditch. The Owners, in their discretion and subject to the approval of the Riverside Ditch Association, may relocate the Riverside Ditch from its current location to a new location; provided, however, that a copy of the easement to be granted by the Owners to the Riverside Ditch Association evidencing the new location of the ditch on the Property shall be provided to the City Engineer. e. Storm Water Drainage Improvements. The storm sewer system and dry well for site drainage, water retention and other site drainage features will be installed in accordance with the representations, drawings, plans and reports attached hereto as Exhibit C. 6. Security for Public Improvements. In order to secure the performance of the construction and installation of the public improvements described above, the Owners shall provide a bond, letter of credit, cash or other guarantee in a form satisfactory to the City Attorney in the sum of $34,128.50 (the amounts attributable to the specific public improvements is set forth on Exhibit D hereto). Said guarantee will be delivered to the City prior to the issuance to the Owners, or any third party grantee, of a building permit for any free - market construction associated with the Project. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in their obligations specified herein, to withdraw funds against such security sufficient to complete and pay for installation of such public improvements. As portions of the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten percent of the estimated cost of the improvements shall be withheld for the benefit of the City until the completion of all of the described public improvements. The Owners shall require all contractors to provide a warranty that all improvements were constructed to accepted standards of good workmanship for the benefit of the City for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvement shall be provided by Owners to the City. 7. Water Line Easement. A water line easement, in the location as shown on the Plat, is dedicated by the Owners for the 4 #32' 3 01/04/91 16:14 Rec $95. BK 637 PG 141 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 benefit of the City and the City water district in order to facilitate the future looping of the water system in the immediate area of the Property. 8. Employee Housing. Owners shall construct, or cause to be constructed, four accessory dwelling units on Lots 2A, 2B, 2C and 9 all of which will be deed- restricted to the Aspen /Pitkin County Housing Authority's (the "Housing Authority ") resident occupancy guidelines only, . provided that the Owners or their grantees shall have the right to designate the occupant of each unit and give occupancy priority to qualified employees of the owner of the lot at the time. A sample of the deed restrictions for the accessory dwelling units is attached hereto as Exhibit E. Each purchaser of Lots 2A, 2B, 2C and 9 shall, prior to the issuance of a building permit to the purchaser for the construction of a single - family home on the purchaser's lot, execute and deliver to the Housing Authority a deed restriction for his lot. The employee units are exempt from Growth Management Plan requirements. 9. Park Dedication. Park development impact fees shall be paid to the City of Aspen in accordance with Article 5, Division 6 of the Code. Such fees shall be paid in the amounts required by Section 5 -603 of the Code by each purchaser of a Lot at the time such purchaser is issued a building permit for development of the Lot purchased, in accordance with Section 5 -604 of the Code. 10. Pedestrian Bridge and /or Trail Improvements. Owners shall construct a pedestrian bridge within twelve (12) months of the issuance of the initial building permit for the Project, such bridge to be built in accordance with those design standards as adopted in the Aspen Pedestrian Walkway and Bikeway System Plan across the Roaring Fork River, connecting the existing trail easement traversing the Gordon - Callahan Subdivision with the municipally -owned property on the west side of the river. Alternatively, and at Owners' option, Owners may pay a cash sum in the amount of Twenty -five Thousand and no /100 dollars ($25,000.00) in lieu of construction of such bridge. If a cash sum is to be paid in lieu of actual construction of the bridge, such sum shall be paid at the time of the issuance of the initial building permit for the Project. If Owners elect to make the cash payment to the City rather than construct the bridge themselves, and the City is able to construct the bridge for less than twenty -five thousand dollars ($25,000.00), the City shall promptly refund to the Owners the difference between the sum paid by the Owners and the actual cost of construction. 11. Improvement Districts. Owners agree to join any improvement district formed for the area in which the Project is located. 5 #329630 01/18/91 11:47 Rec $100.00 BK 638 PG 92 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 0329333 01/04/91 16:14 Rec $""'5.00 BK 637 PG 142 via Davis, Pitkin Cnty CI�rk, Do $,00 12. Wood- burni.na Devices. The Project shall comply with existing regulations applicable to wood - burning devices and gas devices, which currently allow for one gas fireplace and one certified wood- burning stove an unlimited number of gas appliances. 13. Maximum Floor Area. The Project shall consist of the following maximum floor area limitations (not including the 250 square feet of bonus floor area for which each of the accessory dwelling units shall be eligible pursuant to the provisions of City of Aspen Ordinance 1, series of 1990): Lot 8, Callahan Subdivision: 4670 square feet; Lot 9, Callahan Subdivision: 4620 square feet; Lot 2 A, Gordon Subdivision: 4700 square feet; Lot 2 B, Gordon Subdivision: 4530 square feet; Lot 2 C, Gordon Subdivision: 6120 square feet. 14. Building Materials. Materials used to build improvements in the Project shall be restricted to materials such as wood siding, non - reflective metal or wood roofs and masonry rocks similar to other residences in the Callahan Subdivision. 15. Material Representations. All material representations made by the Owners on the record to the City in accordance with the approvals granted the Owners shall be binding on the Owners. 16. Fishing Easement. The Owners shall dedicate to the use of the general public, for fishing purposes only and not as a public trail, a perpetual, non- exclusive easement and right -of- way along that portion of the Property lying between the center- line of the Roaring Fork River and a line which is 5 feet (measured horizontally) above the high water line of the Roaring Fork River, as shown on the Plat. The Owners reserve to themselves, their grantees, successors and assigns, the right to use and enjoy the easement area for all purposes which do not interfere with the public fishing rights dedicated hereby, and shall have no responsibility or liability in connection with the use of the easement by the fishing public. 17. Enforcement. In the event the City maintains that the Owners are not in substantial compliance with the terms of this Agreement or the final Plat, the City Council may serve a notice of noncompliance and request that the deficiency be corrected within a period of 45 days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstan- tial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according 6 #329630 01/1e/91 11 :47 Rec $100.00 BK 636 FG 93 Silvia Davis, Cnty Clerk, Doc $.00 r aw 1 #3333 01/04/91 16:14 Rec $99J BK 637 PG 143 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 to its normal procedures and take such action as it then deems appropriate. 18. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners: John A. Elmore II P.O. Box 381 Wrightsville Beach, N.C. 28480 Lionel Yow Yow, Yow, Culbreth, Fox & Pennington 102 North Fifth Avenue P.O. Box 479 Wilmington, N.C. 28402 To the City of Aspen: City Manager 130 South Galena Street Aspen, Colorado 81611 with a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 19. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 20. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 21. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation KATHRYN . KOCH WILLIAM L. STIRLING, Mayor City Clerk 7 #329630 01/18/91 11:47 Rec $100.00 BK 638 PG 94 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 4329333 01/04/91 16:14 Rec. .95.00 BK 637 pG 144 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Approved as to form: City Attorney a o A. ELMORE II STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me, 199/ by WILLIAM L. STIRLING, Mayor, and KATHRY S. KOCH City Clerk. Witness my hand and official seal. ,.11141� My commission expires: :" . 1 7 J�j , c • i �, .,¢ + r rat r + NJ�=ry Publ • r,.i- � ,..; j >3, STATE OF COLORADO ) ss COUNTY OF PITKIN ) Acknowledged before me 0 199L by JOHN A. ELMORE II. Witness my hand and official seal. My Commission expires: 7110! -` y h �1. �4 7 T : Notary li 6 .tAloirrO l .. , ........ 0% 9 . N`: 8 -0.--c.--,>. : .- #329630 01/18/91 11:47 Rec $100.00 BK 638 P6 93 k. (/ \v . Silvia Davis, Pitkin Cnty Clerk, Doc $.00 5.)1v,,C ~"� •... 4 !P:' OP r' te ry ?as. #32,,33 01/04/91 16:14 Rec $95.v0 8K 637 PG 145 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 raj -e a LIONEL YOW . STATE OF COLORADO ) ss COUNTY OF PITKIN ) Acknowledged before me tCe4uX/V S , 199 by gLii LIONEL YOW. My commission expires: "7/1 F Witness my hand and official seal. j I' 7t. / 4 IL141 Notary Public ^ ^, c. My address is: M r 13bX 3M'4 ) re) 816J4/ #329630 01/18/91 11:47 Rec 8100,00 BK 63B PG 96 Silvia Davis Pitkin Cnty Clerk, Doc 8.00 1 9333 01/04 16:14 Re c oo HK 637 PG 146 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 copy "A" y l i . I> - x_mii, I a a! � €a` I N l�3 q £ 2 t • ! R � e 3 '! :id.i F SP �' e bi '�`' � ! . 1-1 t!1 l$@@ i a a F7 2., {� J1 HU Fa , ' : r . ! p ! 1 � 2 J IF x e L F.. w ¢P al "i F F �♦ N z� P , P � i tt y •7" 1 3 th f ill i: 1I 1 i 4 H i ! It)! I 1 114 SP § 1a ;ggp; 1 Sj1I1lt! I j f , ! f t „i ` i Hi E IIE I f It r I & n-4 as I +x F 2 . 2 2 tI ! y \ I\ . � n n 1 dl 2' ! ; Weill P # ' i / i F x 0 4:4141 }1 •!2 a i It 4 4 1 b a. I I t o 1 4 o 2 i a ,}� � � =it R 1 Ta'R, ' Q { Olie, 4 �., kR ! I7 DJ € .3 S aP ; ! ; II gg S P PI i i ! S 1 { (( alit 1 } I1. ; '. -- ! I y t 1 2 F{ Y d 1 P 1 ' ! i y i d:i S1 P aFa • r � �- I � � � P {� I y d i 9,1; ]i 4 , 1 °. \ itj! 11 t I ! q - C GO gg a g '• P [ � t {{ d � ,`° i 1111SP1 ! 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EXHIBIT "C" —I: I • W.§ 'i 22 r ON.. i d i. y . 11 O N ,, I 0,,,,... 1 rr r.Y \t om. 1 i '- t - r _� g p 7 a la Et 73 k = n i i t I � ;+ m 0 a -t N :rI 6 - o B� d n Pc \�L�. * 8° 1 ___ \ Sao • 0 -U I lsg v aq • ligi r. P P \ 5g; v t ; i;s Y II `• -:-.--;71.-" \ Its i .t t \ ,. 41 P x" ° ' �j 0 . JP 1 o+ 'C t-/ .1J3 r + / / / /t /, 9 i I 1 , l • 1 :$ 'gyp, ' !In InitC- p p ; . t tI if @ I I t ", Fl 2 1111.0ttr,r„ R u p ! t e1 ', F o ti � P{{ 2 , I i l l } w 4 a €: J #329630 01/18/91 11:47 Rec $100.00 BK 638 P8 100 Silvia Davis, Pitkin Cnty Clerk, Dec $.00 • es . L i I , A_ I $ - lit i P I Tti q hi I c .. •2 - tt r ; ' • • , : _ , ° t 4 leg i 44 k 40 . 2 •••••■••••• 11 , ( , 4 1 I C 4 e; i 1 ' I PI 1 1 1 45 0 1 .11 .. U i lo cli 1 S i QI 1 o 0 6 I ......\ g . h es ,1 ....... 11111■E et": I Ili t. b ti 1 - .:-• '...,-,..- 3 In cr af s tril is ...1 u 0 I III i 11L 4.2 II i 6 1 I , t, . 1 itt (.) • il ' - ' t ile-' ' i 1 t ..-• s• C '4.1 .... : t 1 1 I 1 I-1 y I 41 1 1 i , 1 d 4 4/ ; k ',. 4 1111 1 /1 i 7 •-• „ t i 4 t I CI " 9.1 ....., _ L .;, v, ,i).4___ ... ll II kJ i iftt ,, / isp if I 1 0 tfi ' I / 1.\' t'a \ ll, AO; 1 1-4 > 6 04p a qt Lig?, 1 1 \ k \ \ \ \ N `:- l{, 40 0 i / ' L - I - -' ' i \ \ \)‘-‘‘ 4. 1 9 rt , — ■ 1 \k `,\ as Pi of 1 '/ i / '- -± --!-- ' , \1 \' A . ' 11 . \ 1 ORM p k x adeg n .. 4 \ . , , ct. > d / ' A * U7 1 t ‘ r . al / ie,, ., / q __._ ii • d ! ./—** __ • \ i Ni2i to * 1 . d / t t so , ., . wt 6 t k ,.. ,._4.. ,K -------- itrA: bZ rii \ Val r N/C i - N-,\ ■‘.‘ 7r, ,Th. ■ . '" q \‘ \ I ‘ „ \ , < 1 - 4 \ 3/4 \ \ 1 N.• ,.., , tti 1-• v,. \ • ' 4 OD te•\ \ 1. i \ I ti \ If coar_f :::: • • A \ \ ....a.‘,„- g ( I : ; 41 . P: 1 2. • IT 1 I ..., • • • Atli Li 1 L A , a , ' .. - it I \ J i * i4 * i : g ;!u r+ X ; 0 I l i I 1 , 11 • " ! , 1 m ta '1 0 x- 0 I LI = " ' ty" . • ..., 4 1 ■ 1 . . . . . 1 I o rs 0 h ‘ \ .1 1 \ ,\ :4 i ; i : q : . t . ■,-.1 n 05 f4 i .!.1 r i :4! ! ! . : 0 i> \ g i F. i g • \\ „ . , 4 .2 t 2 ,... . tx : I t t il ' t t : . . . • '.....) . stae re.141 . #329630 01/18/91 11;47 Rec $100.00 BK 638 Po 99 Asi? Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBIT "B" P i • •—__ — .nf ..1'"z• .Nia'- • .•• ••4•11 k 7: : 1 \\ \ . , ' I r •• 1 , • ' ■• , • • i ' r M 4 .. ‘ IN \ , r NiiNAC ,--) t , . - iii \ 0 \ ...1 1 I 7 .7.: y ,1 ; $ - .7 ' 2 5 ;i 1 • re , ,%1, I, 11 ' i 1 I \ i• 7\ I ‘ I • : ‘. 1 • ' ‘,..„/ t , I , 1 • , , 1 srt• iv. ;. ,.- I 1 ‘ 1, , ' I to. 1 ,, ` ■ ko , \ . 1 ‘ 0 { _ \ _Ai ,‘,.. 1 • , - \ No 1 •k■ %., - — .• ‘ ‘ ‘ •\k• / ‘4 ,-- , 4 r 4., \ '4.4- o- 4 . 11 A; n. \\ --1 ‘ ;14 t ' Ain •• . ` \ - \ `. ; ■ \ r ' , r / • ' '1/2 \ ' . ••••••1/2 • `:,-... '...../ Vo , L / , ,z t _ ., ,/ 4 1., \ ' •- -...• ,, _ i i / 1:1 , _ l_ j I `‘,,\( 1 / i ; ' / 1 , 0 , / , , / / J I ' ' q' I / '1 \ 1 \ V a , • I i i. :1 VC V // i \ 1 \ 11/2; 1 ; r I-- - _ ' t •,1 i \.•1 r / '. 1/2 1 1/2 •'' ‘ ' a / / i ‘ F• '1/2 1/2 i ••• 1/2 '1.1/2 \ ', ; ,' ;pm ,,,......., ilkyt : i• i )'. ' \ \ t - 1, 1 ; ,' if I ■ ; 1 1 .; /".": it \ ( 1 ' ■, • ,1 .. 4 • 1 _ .. 1 r ' i • A'a • ts V i • ' / •)( r — -)-- • , i I ..5 I S ii I. Ali t ',2t ‘ it F it '1 .i f: q 1 , ., ;4 Imi .. cpp-Doi,i/cAudtmid.m STAN MATHIS itz -::::51 ' 1 . MEM 'MIL - . - - vs29630 01 / 18°,`,,1 {. PG Silvia Davis, Pitkin4Cnty 100.00 c .00 f '+' 1 .r Y Clerk, Doc $.00 SIP Li, al 0 la iIIiiiiic no 117 L ® ® ®��a��Fj V U rt v ® 111111111 111101111111181110 LEM e , ° 4 ��I�IIIIIINUINNININIt�WIM1Ul�p ; RIIIIIIININUUIUIUUNlll0lr�lp� ® ��® uHUINIIIII 0All a ��RIUININUIIIIIIIIINUNIIINUIgNI1M�RI�Rp o RII NUIUIIUIIIAINUIIN�ANIIiRRpp RIWIIIIIIIIININAIlIURRRRrp o Q s R�IIIItlI�IINININI blip p�iItlININA�M1Yr0���pp I tt - 1111111111M111111111111118 p 111111111111118 to m 1 iIiiIIiItq _ � / i�' � 101 NN NNN11111111 MININ MEINNIN \ ' '1\ ®® NN f\ .3, \ 88888888 a ; NNNN11NUNIMI ._; t,, 811811118118 gII- § '"" ' ®� I■R j ; t NN11� J i 56 MINIMMINF="altir 19..4 I ICI 1 NNN������ 1 4T ; 1 I N : ta - 8 _I.__ . .., r_ 4,,,. 4 4. , o f i ° t ' 1 1t f , 4 1r i t r it es )-r ,1 :' 1 , l 9 I E4 s p i, NO t3e; .11 l , • ......mr—rmlia g m o WI i L N J 1,1 I I T i j d i i .'1 111 • CC 4- 'it U i i 11111' Z . . _ ;19,/, t 111 1 1 1 '43 ..-I t '' i •,:y' ea ': ' .. e . -4 94 8 s —� },�a if 71111 ■ H if ..." 1 _1 /11 milt o In to t M ." .411..1% � y�r E F N.-I Y � . E * i n_ • 1 ! !1 ! I I 4 % E � Y ° ;f a 1 �: 1 o .� •�— 1 gg al �4 ; $ i � 3 8 1cl il Ili sz I 1 t 3 III X y i i e : 1 S J. f� liiI I _ to 2 F 4+ yr i/ L P a h1 CO N ... 1 P 1 n n% 3z CI 0 11 , T 1 M 0 , / r � el .. „ M •! r li 1512 grand Avenue, Suite 212 _- - / SCNMUESER GORDON MEYER INC. I •Ja \ \ \\ 0. mama Glenwood Springs, Colorado 81601 'Cs-1 Us anti au. • _ "ttn (303)845.1004 \ \��, I I/ 0 v �\g / EXHIBIT "D" CONSULTING ENGINEERS & SURVEYORS/ n 43 ti '1 u m � o GORECWOULAHAN o .. , COST ESTIMATE In C O• 0 U .Unit Unit 'btal Item Quantity Cost Cost c v LI A. Water Utility .. c 1. 8" waterline 200 L.F. 35.00 7,000.00 " 2. Fire hydrant 1 Each 1500.00 1,500.00 as ■ a- ui S ub total $ 8,500.00 M > B. Sewer Utility o m a m tr) ro 1. 1 -1/4" force main 183 L.F. $ 20.00 $ 3,660.00 P •� 2. 2" force main 145 L.F. 20.00 2,900.00 3. Sewer manhole 1 Each 2000.00 2,000.00 a co 4. Cleanout 1 Each 1000.00 1,000.00 Sub total $ 9,560.00 C. Electric Utility 200 L.F. 12.50 $ 2,500.00 D. Telephone Utility 200 L.F. 5.00 1,000.00 E. Cable Utility 200 L.F. 5.00 1,000.00 F. Gas Utility 200 L.F. 5.00 1,000.00 G. Roadways 1. Main access mad 183 L.F. 44.50 8,143.50 i B. Drai events 1. Culvert installation 50 L.F. 20.00 $ 1,000.00 2. Barrow ditch 570 L.F. 20.00 1,425.00 Sub total $ 2,425.00 TOTAL $ 34,128.50 9001 - 11/29/89 #329630 01/18/91 11:47 Rec $100.00 BK 438 PG 103 Silvia Davis, Pitkin Cnty Clerk, Doc.$.0O EXHIBIT "E" #329333 01/04/91 16:14 Rec $95.00 HK 637 PO 132 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 OCCUPANCY DEED RESTRICTION AND AGREEMENT RESIDENT OCCUPIED DWELLING UNIT ORDINANCE ONE THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Agreement ") is made and entered into this day of , 19 , by as between , of the City of Aspen, County of Pitkin, State of Colorado, whose•address is (hereinafter referred to as "Owner "), and the ASPEN /PITRIN COUNTY HOUSING AUTHORITY a multi - jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorders Office (hereinafter called the "Authority "). WHEREAS, the Owner owns real property more specifically described as ( "Real Property "), upon which the Owner intends to construct and a square foot bedroom Resident Occupied Dwelling Unit ( "R/O Unit "). For purposes of this Agreement the R/O Unit, , and the real property and all appurtenances, improvements, and fixtures associated therewith shall hereinafter be referred to as the "Property "; and WHEREAS, this Agreement imposes certain covenants upon the R/O Unit, when rented by Owner, which restrict the use and occupancy of the R/O Unit to working residents of Pitkin County and their families who fall within the Housing Authority resident qualification guidelines established and indexed by the Authority on an annual basis NOW, THEREFORE, in consideration of the premises, Owner hereby covenants and agrees as follows: 1. Owner hereby covenants and agrees that the property shall not be condominiumized during the term of this agreement such that the R/0 Unit and the single - family residence are considered separate properties, but that the R/O Unit shall be constructed and maintained so as to be capable of being rented separately from the single - family residence. 2. The Owner shall not be required to rent or lease the R/o Unit, but if it is rented or leased, occupancy shall limited exclusively to individuals who are employed full -time in Pitkin County, together with a spouse and related children. The lessee shall meet and comply with the definition and requirements of a working resident established and from time to time amended by the Authority. Owner shall have the right 1 #329630 01/18/91 11 :47 Rec $100.00 SK 638 PG 104 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 #32v333 01/04/91 16:14 Rec $95 0 BK 637 PG 153 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 to lease the R/0 unit to a qualified working resident of his selection. 3. Written verification of employment of prospective tenants of the R/0 Unit shall be completed and filed with the Housing Authority Office by the Owner prior to occupancy thereof, and must be acceptable to the housing Authority. 4. Occupancy of the R/O unit shall be limited to no more than two (2) adults and related children. 5. Any lease of the R/O Unit shall provide for a term of not less than six (6) consecutive months. A signed and executed copy of lease for the R/0 Unit shall be submitted to the Housing Authority within ten (10) days of approval of residents. 6. This Agreement shall constitute covenants running with the Real Property as a burden for the benefit of, and shall be specifically enforceable by, the Housing Authority and the City of Aspen, their respective successors as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non - complying lessees. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. OWNER: Mailing Address: #329630 01/18/91 11:47 Rec $100.00 BK 638 PG 105 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 2 *329333 01/04/91 16:14 Rec $95.JO BK 637 pG 134 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 STATE OF COLORADO ) ) Ss COUNTY OF The foregoing instrument was acknowledged before me this day of , 1990, by • Witness my hand and official seal. My commission expires: Notary Public Notary's Address: ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing Agreement and its terms are accepted by the Aspen /Pitkin County Housing Authority. HOUSING AUTHORITY OF THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO By: Mailing Address: Aspen /Pitkin County Housing Authority 39551 Highway 82 Aspen, Colorado 81611 3 #329630 01/16/91 11:47 Rec $100.00 BK 638 PG 106 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 *329333 01/04/91 16:14 Rec $95.00 BK 637 PG 135 Silvia Davis, Pitkin Cnty Clerk:, Doc $.00 STATE OF COLORADO ) ss COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1990, by Witness my hand and official seal. My commission expires: Notary Public Notary's Address: jeh\lu \elnare.odr #329630 01/18/91 11:47 Rec $100.00 BK 638 P6 107 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 4 • . ..... --- - _,__ -,, . G lviina ?j ,2 1 itlisur t Atmok is Afge 625 11 !tli hth 6 , : 66 ,6 0 6 6 : ---„,„ !„.‘ .,„. ",•,,, , ' a -_____--- 5 , 4 ..t C 1 , . i ,. . H , " , ,s #„4 E lf e t , ^• Z) br: : ?:,: ,, , ill $11,1,$;:$ 1 r', $l i 2; t 1U Pr rt $'1$ drl Kg IyA ,4 6 1'. 10 fi .;..] tg: N';,:: §v; r1 ,.' O't, ii) 1 h q V C I Ai 4 ' gilt; n i '... p grblik" ' r , 1 $ .,,,1 4. ;$1,1: h•I . 401 nt i i , ,° .“. g!rg .4 ut,“i : i i 1 ii gi 0 Itr, ,, i \ ;0 li: •••• ,,, 11 ti h1 \ 1 V 4 CP i re! k 6,.1 6 660‘666U6 6 6661.:66.6666,6"6"?6,h6 J ' " """ ' tt • 6t 4 "";r 4 4666fr;P i0 Ch^r1 " .: 6. " • .'; 6 , 6 10, ■ ,, " r,1 ''''S' '4. cii ■-: r-,040;HAI;.fli 7 .': O '' '44(g4U'fieT■11-305"44 i' -` 1 J. , - .Y. pli4 y wildhailtill ot i , -.1 1 -I g:A ..,.= $h : I! -ei l' 4 N 4 ' e 7h F "-. ' I . ' ,l'itcrLii ,I,OTLY $$C :.::: 4,1 . ''' .1" ,'.,$‘ 1 '1 ) 1$ - 1 : 6, 5. ''II h' fuppfr/0102. $$ $ 0 irt•• ' . 1 1 ,,\,, ic i ; tt l t ''' c :::: :i- j4 , 1 cl‘.- d r 4(1 ' 1 PI ri. 1$ $,2 $ 1.7 $:$ $ A !. 4 , , -,,.. ... ■',. r,, . $11'6$4A„ 4A., 1 .2_2 V'4‘..rd , s . let ti, 450 68 O '` n 2 STATEMENT OF EXCEPTION U-00"`" )Ed FROM THE E FULL FULL SUBDIVISION PROCESS 1'G:;� :J ... AND EXEMPTION FROM THE p GROWTH MANAGEMENT QUOTA SYSTEM (GMP) roll; 9 22 fat , g3 FOR A "WT SPLIT" FOR THE GORDON SUBDIVISION WHEREAS, SHELOON M. GORDON (herein "Covenantor ") is the owner 1 in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more par - ticularly described as follows: Late 1 and 2, Gordon Subdivision, City of Aspen, Pitkin County, Colorado, according to the Plat thereof recorded in 41 :1 1 ; Plat Book /S , at Page 2.5 , Reception No. E6 - 131 1 $ Pitkin County; and WHEREAS, the Covenantor has requested an exception from the full subdivision process, pursuant to Section 20 -19 of the Aspen Municipal Code, as amended (the "Code "), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24 -11.2 ks 1 of the Code, as amended, for a "lot split ", and ttl • WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and exemption were appropriate and granted the requests subject, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the E - requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one - time -only approval, that development on the lots is limited to the present single - family residence on Lot 1 and a new single - family residence on Lot 2 and ta; that no further subdivision or development is permitted without applicable approvals pursuant to Chapter 20 and Section 24 -11.1 et sec. of the Code. 2. Prior to such time as Covenantor (or his heirs, personal representatives, successors or assigns) receives municipal water utility service for Lot 2 and as a condition precedent thereto, he IWA) • \ ssds 450 ?Asz389 shall (a) convey to the City of Aspen an amount equivalent to 2 "EQR" of water per residence (or .2 acre feet per year of historic consumptive use) from the Riverside Ditch, which water right may • be leased back to Covenantor for $2.00 a year subject to availa- bility; (b) enter into an Agreement with the City of Aspen to con- struct at his own cost a water line extension (including adequate fire protection) according to the City's then - existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one -year warranty of the work, and conveyance of the line by bill of sale upon acceptance thereof by the City and the payment in full of then - existing customer costs including service line costs, metering, tap fees, utility connection charges and water consump- J tion charges; and (c) Covenantor shall grant to the City a right of first refusal (such right to be exercisable for a 30 -day period ` 1 . following written notice to City from Covenantor of receipt of a bona fide offer) for all water rights, ditches and ditch rights, ' wells and well rights appurtenant to Lot 2 or used in connection with it in excess of the conveyance in 2(a) above, in the event ' s the water rights are to be sold independently of the land, for a period of ten (10) years from the acceptance of the water exten- 14 { sion line. The parties agree that the City shall pay the costs of 1 the preparation and recording (but not the Covenantor's cost of r review) of the conveyance and leasing documents described in 2(a) ;` and 2(c). k x 3. In the event that any municipal improvement or improve - I. ments of a kind contemplated in Section 20 -16 of the Code, as ��- c;. is amended, became, in the sole judgment or discretion of the City Council, necessary or desirable to the area of the above - described property, Covenantor will make no objection to any special asess- i ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and /or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees 2 lel di...,,f,?.,u i % . .1 . , ,m., ease 450 g;n370 to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown develop ment district formed for construction of such improvements (including, without limitation, signage, drainage, underground If utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation or open spaces facilities, public transportation facilities, park- f ing, etc.) in the area of the above - described property or to reim- i 1 r burse the City of Aspen directly upon demand therefor if the City ` should choose to construct these improvements without the forma- ...., tion of such a district. 1 4. These conditions are covenants to run with the land and - }. are binding on Covenantor, his heirs, personal representatives, successors and assigns and may not be released or modified in any way except in a writing signed by the parties and adopted by a i 4 Resolution of the City Council of the City of Aspen. �:1 5. The conditions are stipulated to be in consideration for S ( land -use approvals requested by Covenantor and granted by the 3 Xi i. City. Dated this (S day of /wow , 1983. ' am Llre ` ,•.0 Of As William L. Stirll g, Mayor • T:'SAA Ka ' och II APPROVE! :. TO FORM: Atl.. _ alit 8'1 N ' , COVENAN TOR: // /� $hd (/ fk IS �J ; F( 3 Th2J1/C07 w 4t { 4 l 't��v1.'y 1 — z ' • , • .. ... L:. 4'u. II1 i eedx 450 Fas :371 STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoinn instrument was acknowledged before me this 16 d a y of (,1 ¢, �,y� , 1983, for Sheldon M. Gordon by Fitzhugh ott III, his attorney -in -fact. 1 WITNESS MY HAND AND OFFICI L SEAL. ,4 Ou.. Hu ed)pmission expires: \ Oita .A-276 4777 ■r;,AkOTq s; K• 1 y 11 1. c. AI 4/i - o, . ,c,—J � �.r: o �.� f.. Not. r,J P blic �] t41 / - !/ _.# ,.. l��fi y /6// Addrr ess ! , V I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and Exemption from GMP for a "Lot Split ", was considered and approved by the Aspen City Council at its regular meeting held August 8, 4 1 r 1983, at which time the Mayor, William L. Stirling, was authorized . !I 1 to , e,Kegyte the same on behalf of the City of Aspen. :.. Of ASS•"••. ,1tj ' ; c f►.J J 4)e..1/4_, 5; g A � athryn S. Koch, City Clerk ^viv li! I I' 4 ' . " 0 t ...) [ /1 6 411ric ' /AAA . Q C IV t II a • .... 611 z a^ 1 k s < < i I It V y 1 K I - SY f B9' / i . 7 I s I a' i f l "'II a I " 31t I -,- 1 i i1 l� E h I C i S r . 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E `i S }c !! r s 1 '9' o3 l R 11 a m $g I s _ ' I� ai �� ;� ill } "'_ > 0 I E,� p� k �, ri III¢ 14 , , y es} . t N. t r ��t} lb � ?o ' � 1q G y q+ I[ 1 B • i � 8 • i `r 1 Yy \ _ q € �� f G i k !h 6 6�I P. I Al k I t 61 ! i � , j f 9 1 ; 5 t it 3 tlel ` y fi ° �4` e e t4 e�i.31' SIt ii ar 1 a 1 I r„ it 1 , q I a ., 4 ' is 4 � /g Mill �4;I iei/ 9 i Coo, s Pge • ,ffic, Hi ,' ;i cS / v , I i, \ ‘, , 1 il \ ' ' kh \ 7 6 , ,,, -N,------\ k 4 / —71 \ f _ N.. t, V a , g f s W pm ,b t� U t U1 w 0 SOOK QG E 12 O H O N a N 11 41 Y - 11 W W W V-1 -' i 0 - 1 0 0' IT 0) N 0 0 0 O1 0 -1 H N O 0 o 0 0 0 CO n o 10 0 y 0, m 01 m m 0 O . E 0 N 10 n CO N N N n N 01 a 0 0 • F 0 'd O •d ?C 0 44 H .0 O EH 0 H Oa 4n N it • 1 Y V WI 0 W 0.I - d 0 ' 0 .-1 0' 0' > N 0 0 0 0 - 0704 0 0 -1 -I ^I -I 0 0 :d 41. h 0 H M O O O N rn ` 0 O ` O) 0 H 0 •d 0 n 0 C4 Ga a e. m — o Ln w . + + 1 4-4 w w O • Id 0 0 01 0 0 0 0 0 V' p 01 0 0 0 • 0 .i 0 . H C C O H Q OA ft ft N - T C\ N P] E H 41 • 4 W 44 Q W N N E H il ! . In 0 O H C O H O 10 N C] M N - C 4 0 I H to Ar 41 ri o r o -P 14 . s H ci N Z 0Z z 0) 0 0 4-) 0+ 01 . ,i m 04) 0 44 H 0 O .4 7 0 0.) O C HI • 0 0 a • • E Y 0 0 1 + HI 0 0 7 4-I W • • 0' • • 0+ b O 44 QI 44 A • H E 0 X 0 0 H C H 0 0 V 0 0 -.4 H 0 0 0 01.4 01 0 0 -d 0 0 a . C O 0 • 1 H X G 7• ro O 0 • 0) O 10 0 •0 A 0 00 0 0 00 O N O) H H H .HH HA HA O 0 • • • D 0. 04 0 0 04 44 04 I.4 4 z 2 z 4 04 0 04 0 0, 4 0 04 0 Notice is neremy given -net the atlpen eLanuL 's allu r.ui,iny \.wmu .- bhall hold a public he ng on December 2, 1975, 5:00 p.m., City Council Chambers to con,idee "%,he following: ,' ..., 1. A preliminary subdivision plat for the Callahan Subdivision as shown on exhibit B and more particularly known as: , 1$ ' A parcel of land situated in the cast 1/2 of Section 18, ]ownship 30 south, Range 84 west the 6th principal mor idian, Pitkin County, 16 ���! Colorado. Said parcel being more fully described ., as follows: Beginning at corner 9 of the Riverside Placer: MS 3905 AM.; Thence north 242.86 feet along line 8 -9 of said Riverside Placer; Thence N 89 ° 53'46" E 149.71 feet; - 5. . 1/2 . - Thence east 2.54 feet; I ART: r Thence N 15 ° 13'00" E 137.22 feet; Thence N 28 ° 30'00" ;1' 132.58 feet; " Thence west 125.00 feet to a point on line 8 -9 .4 o of said Riverside Placer; ' .I' • Thence acerb 225.77 feet along line ig of said _ • Riverside Placer to the SW corner of the R Riverside /1 .`�� • I ti Addition; Z % - /�' / I Y A W N 1 Thence N 89 E 531.61 feet along the Southerly boundary line of said Riverside Addition; Thence south 35.06 feet along said south line; " . Thence N 89 51'10" E 86 - .86 feet along said - _ Southerly line; - - .. Thence north 35.04 feet along said southerly line; Thence N 89 ° 52'14" E 86.35 feet along said - Southerly line; Thence N 51 ° 32'57" E 96.40 feet along said southerly - - line; ' - Thence N 00 ° 55'49" 14 29.93 feet along said southerly - line; Thence N 51 ° 56'00" E 162.30 feet along said - - Southerly line to a point on the westerly right -of -way ' - line of Highway No. 82; Thence S 21 ° 30'00" E 69.69 feet along said right -of -. Way; Thence S 25 ° 23'00" E 79.84 feet along said right -of- Way; Thence S 40 ° 50'00" E 69.21 feet along said right -of- - • Way; - _ Thence S 89 ° 59'24" E 8.90 . along said right-of- - : - . Way; Thence along said right -of -way 107.95 feet along • the arc of a curve to the left having a radius of 5770.00 feet, the chord of which bears S 28 ° 07'51" E - - 107.95 feet; Thence 5.35 ° 06'54" 5 96.08 feet along said right- of-way; - • Thence 8 29 ° 37'00" E 67.88 feet along said right- of -way; . Thence along said right-of-way ay 319.97- feet along . - _ the arc of a curve . '. , 3 the left. having radius of 603.00 .. ._. feet; - . Thence S 59 ° 27'00" E 104.10 feet along the southwesterly edge of said right -of -way; _ . Thence N 89`46'00" IV 256.03 feel; • Thence S 00 ° 14'00" W 231.75 feet; • - ']hence 8 67 ° 31'04" 0 237.70 feet; • Thence S 00 ° 14'00" 14 140.00 feet; . Thence N 89 ° 46'90" W 270.00 feet; Thence N 00 ° 14'00" 11 230.00 fret to. corner ] No. 1 of said Riverside Placer; . Thence N 89 ° 08'24" 11 615.43 feet along line 9 -1 of said. . Riverside Placer; Thence 8 09 ° 29'21" W 41.7.22 feet; - Thence N 84 ° 00'00" 14 200.00 feet; Thence N 49 ° 00'00" 14 350.00 Feet; - . - '1'hence N 68 ° 00'011" W 120.00 feet; 'Phonon N 38 ° 11'2h" I: 158.05 fret to The Point. of Beginning, • containing 25.00 acil•s cau"c or 1, - : ; . s^� r^) ,— • • • • ' 17ow s V sza'z ')NrINOC eNINN1938 -.)O 1NOd 3HL qL 1334J 00" 7„. 3. GO, 41 CXJ N 30N31-IL ' Ida 00'0/_Z M.02,% N 3'Naril '1"33 - 00'01i1 M 41- - L 1SJd OL "L €Z „VO,Io _CV q 3 '133.3 9L "I' M ,GZ73 fl-ttriL -. J1" " V9Z M n co vv_ N 3= 't -r111L iS� c ebM - 30 - 1HG?1 ON;G do - 79a3 Vii' ),Td31S3MHLnOS 31-IL €N0 1933 01'froi 3 ,GY7,C7".GS S 3x'r_71 -11 1 1 - VM -30 -It - 21 2 1 4brr 3O "3 73 5. 7HL <;Nr�3 ".J'S1 ahG .LY-]d 1L'9(X �.;. 3 „25 SI'- W5 521t/3d cuc -o - 0901-JN ONV 13=13 00 "£00J dO 5v'llC1 V 9N1AM 113'7 3111 QL 3i\ no V 30 Tcfd 3F51 CONO1V 1333 C-20 aON3rtL • 1.`YiN - 4.0 "L4 ON)AT/NY'71H flVI4 0b•12 3H1 XJ -- J004 i.. ). i trO 2) N0 1NIt y V oL C3NY7 jLNekvp- -10 vNIL4( ) 72J "3aISd7Ar CIS^ 30 2- I 3NI 9NCY7\ - ' LP cc 3 „O9 ,VI H J - iL - 'cso6£ '4'VJ) a9 Jv 3OKi - JWAI i 3H1 30 I 'ON 33N1tQ iV QNINNl'732 - SA40 - L - To3 >V a-- 41f717Sa -1 l'7'7n3 OV CA 1'7V•LL G r v t; tCt �O1o:7').1Nno7 Nf,WJ "W:3 RC 6 1 M fr 3 d 'SOU 91 NOI.L7_'<y ail bi 3S I b1-ON 27IL N1 CIt' b'i 3N b/i 3S 3HL N tlflLV(1.LIG ON I 30 17v'YL y ! Z "ON - 1-9 . 1721V2.1 r 1 :ss uMouD ST1PTn0T4zpd oiou7 pup g ;Tgrgxg uo uMOgs pup uadsy 3 ' TD eqg og paxauup AT qua oa anrassistagSanownstegereastiawaseassere •g "rY3 - 1 •b "3 S3 ?19V Yil'b ON;Nl`c:LNO') 04-1INN193Q 3011-L1r.33 3111 01 1331 c; „)'•'-,)c>I 3 .SZ ,I N ?Dr-Grit a333 00 <TLI M .Ci GV N 3O"q'31 'Y331 O:J"0=£ M •I CO,CO367 N 37N3HL '1333 00•00Z M , a; Fx.. ye N 3 X 1333 7Z'LIV M „IZ,6Z - ]JN3H1 ( 1-1 »0 ONi1Gl 213 - 7V"7d 3C7iS213t OIW 3O I-e 3Ni19N07V 1333 tn 3 n bZ ,i3O.6B 37N3HL "(9C3S "slt° - 2130'did 901532A 3H1 30 6 ON J3hf2:0"o JV ON1NN19x] 9w'orn03 Gv 039rJ7Gaa )Z' 310V1 ') flV21L am : 'Q1VZ0t''j '),LNnlO Nn11id ' wd 7-S cJ M V4 ?1 'SQi1'41 NC117 ?r d0 fr1 3y WI MN 3H1 N1 O3)_yn1K ONY7 3 0JoVT11. V I 'GN 1a :se UMOUX IT Tn atom pup g gT4T14x2 uo uwogs pup uadsy 3o F.IT3 aqg og paxauue ATguaoa2 4. TJ}e,,.rezoning from 5 to RR of Parpe7. "phown on Ex'3it B and more particu arly described as: November 12:, 1975 - _ Parcel No 3 .,.,, Parcel for Rezoning 75 -161 Benedict _, - DESCRIPTION - - , A PARCEL or LAND SITUATED THE NW 1/4 SE 1/4 AND :_ IN THE SW 1/4 NE 1/4 OF SECTION 18, TCWNSHIP 10 SOUTH,. RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, - PITI:IN COUNTY, COLORADO. SAID PARCEL IS PART OF THE RIVERSIDE PLACER, M.S. 3905 A.M., AND IS MORE FULLY DESCRIBED AS FOLLOWS: - . 1BEGINNING AT CORNER NO. 9 OF SAID RIVERSIDE PLACER, - ' _ A RED SANDSTONE IN PLACE; _. THENCE NORTH 242.66 FEET ALONG LINE 8 -9 OF SAID RIVERSIDE PLACER; - ._ - • - THENCE N 89 °53'46" E.149.71 FEET; :THENCE EAST 2.54 FEET TO A POINT ON THE SOUTHERLY . - BANK OF THE ROARING FORK RIVER; THENCE N 15 ° 13'00" E 137.22 FEET; THENCE N 28 ° 30'00" W 132.58 FEET; THENCE WEST 44.82 FEET; - - • THENCE N 25 °45'00" E 27.46 FEET; THENCE 177.04 FEET ALONG THE 'ARC OF A CURVE TO THE RICHT HAVING A. RADIUS OF 162.00 FEET; . - THENCE 35.58 FEET ALONG THE ARC OF A REVERSE CURVE - TO THE LEFT HAVING A RADIUS OF 88.00 FEET; -. . THENCE 191.08 FEET ALONG THE ARC OF A REVERSE CURVE - TO THE RIGHT HAVING A RADIUS OF 112.00 FEET; . - THENCE 47.19 FEET ALONG THE ARC OF A REVERSE CURVE ▪ TO THE LEFT HAVING A RADIUS OF 63.00 FEET; THENCE 129.74 FEET ALONG THE ARC OF A COMPOUND '- . CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET THE CHORD OF WHICH BEARS S 77 ° 24'59" E 127.75 FEET; THENCE 5 04 °52'00" E 200.00 FEET; - THENCE S 46 ° 00'00" W 185.52 FEET TO THE CENTERLINE . OF THE ROARING FORK RIVER; „THENCE S 59 ° 12'00" E 104.03 FEET ALONG SAID CENTERLINE; THENCE 5 52 ° 05'29" E 183.36 FEET ALONG SAID CENTERLINE , TO THE INTERSECTION WITH LINE 9 - 1 OF SAID RIVERSIDE • - : PLACER; THENCE N 89 °08'24" W 692.87 FEET ALONG SAID LINE 9 -1 - TO THE POINT OF BEGINNING, CONTAINING 6.363 ACRES .- • MORE OR LESS. :. -. , Plans are on file for each request in the Office of the City /County Planner and may be examined by any interested persons during normal business hours which are 8:00 a.m. to 5:00 p.m. Monday thru Friday. • /s/ Kathryn S. Hauter City Clerk Published in the Aspen Times November 12, 1975. - t Ai r e� T r ..� e r7-1- . ' • ,w c� - e - z. - \ / 9Z — ?a U V R `='3 t - ift - ,x. j No__ - 727±. - - - ; - - - ; - - -- --:, - --- c 'mmix -. 5\i \ k? \'-.--- --"-- \ of / / & / b �� i / .., i '' /.. # /1 I/ 1 .(_:- - 3A^. ' �•\ Ate'•. i I ilLi r Y i t 1 1 I ��,� It , f\ 1 ! �7 j 1 1 , I L ' ^mil M \.- '�r��,b �. � \ \\ll \ J r l/ Se3 1bM i iii (7 ,../ - ' 4 ■ , 7 ; j A i c-__- \N.,_ \\ , _ ,, fi �1 V �y `a te ' ar, c. v_ ,I ` cl 1 C 4 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: August 10, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0041.2010.ASLU — 1408 Crustal lake Road. The planner assigned to this case is Sara Adams. ❑ 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: , 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. 7 ( 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 -2759 if you have any questions. Th. You, it u ��k j ifer ' , Deputy Director City of As. , Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No_c Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No)L Commercial E.P.F. their Jennifer Phelan From: Jennifer Phelan Sent: Wednesday, August 04, 2010 4:46 PM To: 'David Uhlig' Subject: Interpretation request status Hi David: The interpretation request that you provided is not complete. A land use code interpretation requires a $50.00 application fee. Checks can be made out to the City of Aspen. Also, since this is in regard to a specific lot in town, please provide a letter signed by the owner consenting to the request and confirming that you are the authorized representative. Below is a link to the city's land use application, if you could fill out page 4 (Attachment 2 -Land Use Application), it will help in setting up the land use file. http: / /www.aspenpitkin.com /Portals /0 /dots /City /Comdev /Apps % % /landuseappform.pd Thanks, Jennifer Jeauu{er f heja w AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1. RECEIVED AUG052010 ATTACHMENT 2 -LAND USE APPLICATION CITY OF ASPEN PROJECT: COMMUNITY DEVELMArT Name: N x01 �7 Location: 1 Cr (SF.1 Lai' -e Yfl Lot8, ( a• /k cS (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: enti 5 N i ��� Address: Q 7 0 1r1‘-.IZI 135 9 L&rt 5 ? / TX 7go4 z- /3 Phone #: / 7LS 9 7-S - �6v REPRESENTATIVE: Name: �ti i ) C. Address: . , . at l R) 4s Co 8 40 ( 1 Phone #: 97 - 9TS o TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: 7o✓h✓1a ❑ Conditional Use , /O-aI A Z A M& EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 1 - 1 - 13 I ewe , PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 0 "A_ ovretf - !p• Have you attached the following? FEES DUE: $ ❑ 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 ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. c 3 DENNIS E. NIXON P.O. DRAWER 1359 • LAREDO, TEXAS 78042-1359 RECEIVED AUG 0 5 2010 August 5, 2010 CITY OF ASPEN COMMUNITY DEVELOPMENT SENT VIA HAND DELIVERY Attn: Chris Bendon — Community Development Director City of Aspen Community Development Department 130 S. Galena Street — 3 Floor Aspen, CO 81611 Re: Request for Interpretation of Boundaries of Zone District Map Pursuant to Section 26.306.010(C)(1) of Aspen Municipal Code Filed by David C. Uhlig on July 23, 2010. Dear Chris: I am the owner of Gordon/Callahan Lot 8, also known as 1408 Crystal Lake Road, Aspen, Colorado 81611. I am aware of the above referenced request lodged with the City of Aspen by my attorney David C. Uhlig and do hereby consent to the same. David C. Uhlig, Herbert S. Klein and Joseph E. Edwards III are my authorized representatives in this matter. Please work with them on resolving this matter. If you have any questions concerning this matter please contact David C. Uhli • . Sig 1 11 r !. D -'fis ix. Cc: Herbert S. Klein; Stan Mathis;