HomeMy WebLinkAboutcoa.lu.an.201 S 7th St.2007-AN-1 Ne
Grafton mi_th7'
September 7, 2007
John Worchester
City Attorney
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear John:
As we discussed earlier, Dan and Amy Martineau are exploring the potential benefits of
annexing their Property at 201 South Seventh Street into the City of Aspen Boundary. The
Property meets all the criteria for annexation; it is in the logical progression of annexations, it
lies within the Urban Growth Boundary, it has a shared boundary with the City in excess of
the required one sixth and, with the Martineaus as sole owners, no election process would be
required.
Any additional costs to the city due to this annexation will be negligible as the Property is
already serviced by water, sewer, phone, cable and gas and because of it's location at the end
of Hopkins Avenue it will not represent any additional burden upon City provided
Emergency Services.
More importantly, the annexation of this Property will represent a considerable financial gain
to the City in the form of additional tax base and the Real Estate Transfer Tax. Of even
greater value to the City is that the annexation of this parcel will unlock the ability for many
other properties in this area of Aspen to annex in the future.
To this end Dan and Amy would like to offer the attached Pre- Annexation Agreement so that
they can be assured of the specific criteria/conditions under which their Property will be
annexed into the City of Aspen Boundary.
incerely,
° CITY ATTORNEY'S OFFICE
Grafton Smith SEP 0 7 2007
0187 Lupine Drive West • Aspen, Colorado 81611 • 970 925 -7120 970 925 -1829 (Fax) • graftonsmith@comcast.net
City of Aspen/Martineau Pre- Annexation Agreement
Daniel J. and Amy N. Martineau, will make application for the annexation of their
property at 201 South Seventh Street (Parcel ID #2735- 123 -15 -003) into the City of
Aspen Boundary, upon acceptance by the City of Aspen of the conditions outlined below.
A. That the Property be annexed under the City's R -15 Zone District under which single -
family dwellings, duplexes and two detached single family dwellings are allowed by right
(see 26.710.050, Part 700 Page 10 of the City of Aspen Land Use Code.)
B. That the Property be recognized as containing 33,940.5 square feet of lot area for the
purposes of calculating allowed above grade floor area and because the Property has a lot
area in excess of 30,000 square feet it therefore qualifies for two detached single - family
dwelling units as allowed by right in the R -15 Zone District (see 26.710.050, Part 700
Page 10 of the City of Aspen Land Use Code.)
This lot area was confirmed through discussions with the City Community Development
staff (see attached email).
For the sake of clarification, a cloud on the title exists for a small portion of the lot area,
which the Martineaus would also like to resolve specifically an area of approximately
2981 square feet, identified in the 1973 Adams Subdivision (of which the Property is Lot
3) as follows...
"THIS PORTION OF LAND IS RESERVED FOR DEDICATION TO THE PUBLIC UPON
DECLARATION OF INTENT BY P1TKIN COUNTY TO WIDEN AND IMPROVE 7
STREET EXTENDED SO AS TO REQUIRE USE OF THIS LAND FOR SUCH RIGHT -
OF -WAY. DEED OF PROPERTY TO COUNTY BEING HELD IN ESCROW BY
HOLLAND & HART ASPEN, COLORADO."
It is important to note that this "Reserved for Dedication" area contains 2981 square feet,
so that even without such area, the Property still exceeds the amount necessary to build
tow detached single family dwelling as of right under the R -15 zone district (33,940.5
less 2981 equals 30,959.7 square feet of lot area.)
The above referenced deed (see attached deed and escrow instructions) was held as
instructed by Holland and Hart and was recorded in 1988 despite the fact that (i) no
"declaration of intent" was ever filed by Pitkin County and (ii) that Seventh Street has
never been widened. The Martineaus have recently discovered that Pitkin County claimed
to have acquired title - without consideration or even notice to the Martineaus - to such
"Reserved for Dedication" area indirectly through written statements made by the County
in their 2003 Annexation Petition for the area at Hopkins and Seventh. Aspen Survey
Engineers most recent survey of the Property (March 2007) still considered the disputed
area to be part of the Property. Additionally, Pitkin County Title considers the disputed
area to be part of the Property as well in their latest title commitment (February 2007.)
Whether Pitkin County acquired this land legally is questionable. As an equitable
method of clearing up what otherwise could be a cloud on the title to this area, the
Martineaus will agree to quit claim all interest in this area to either the City or the
County, at the City's preference, in exchange for being allowed to use this area in the
Property's FAR Calculations.
C. That the construction and deed restriction of an attached or detached ADU /Carriage
House of 600 sq ft or more will meet in full the Employee Mitigation Requirements of
the proposed re- development of the annexed Property (see 26.470.060 2. c (2)).
D. The Martineaus agree to comply with the City's Employee Housing Mitigation
requirement (see Condition "C" above) provided the City agrees to wave its (i) Air
Quality Fee, (ii) Parks Dedication Fee, (iii) School Lands Dedication Fee; none of which
would be required if the Property were redeveloped in the County. However, the
purchaser(s) of the redeveloped unit(s) will be subject to the City of Aspen transfer tax.
E. That the protective band of mature spruce and cottonwood trees and current street
landscaping which separates the Property from South Seventh Street and Hopkins and
which primarily reside in the "RESERVED FOR DEDICATION" area, be allowed to remain
in place.
These trees form a visual barrier of over 30 feet in height and mutual buffer between
user's of the Hopkins Street Pedestrian/Bike Corridor and the development on the
Property. These trees serve as a valuable backdrop /view plane element for the public and
should be allowed to remain in place and be removed only if necessary as a safety
precaution or if they become diseased and, in either event, will be replaced by the City of
Aspen as deemed necessary to maintain the integrity of the screening.
If at some point in the future the City finds it necessary that a sidewalk be installed in this
area, (i) such installation will take place only in the "RESERVED FOR DEDICATION" area
as defined on the original plat and (ii) that the owners of the Property will not be liable
for any sidewalk installation or tree removal mitigation costs.
F. That there be no other development demands placed upon the Property other than
those listed above and those standard requirements of the International Building
Code and City of Aspen amendments thereto.
G. That prior to development, the Martineaus, in a common precaution against liabilities,
intend to transfer title to the Property to an LLC of which they will own at least 50% and
that such a transfer will not trigger an REIT liability to the City.
For the City of Aspen
By John Worchester — City Attorney Date:
For the Property
By Daniel J. Martineau — Owner Date:
By Amy N. Martineau Date
Tara O'Bradovich
From: Grafton Smith [graftonsmith @comcast.net]
Sent: Sunday, September 09, 2007 8:27 PM
To: Tara O'Bradovich
Subject: Martineau annexation pre agreement
Tara: I had the attachments for the Martineau Pre Annex Agreement faxed to you Sunday - I don't know that it carne with a cover but if
not - it should be three pages - two copies of two letters from Holland and Hart in the 70's and the third a recorded deed from 1988.1
will email you one other page and survey should be dropped off today (Monday).
Thank you for your patience in all this - I had to leave on a trip a day earlier than planned and all the above had to come together in my
wake.
Please feel free to email back at this address if you have any questions or call me on my cell at 618 -4521.
All the best.
Grafton
1
ftsol
John Worchester
City Attorney 4) City of Aspen
130 S. Galena Street �LO
Aspen, CO 81611
Dear John:
As we discussed earlier, Dan and Amy Martineau are exploring the potential benefits of
annexing their Property at 201 South Seventh Street into the City of Aspen Boundary.
The Property meets all the criteria for annexation; it is in the logical progression of
annexations, it lies within the Urban Growth Boundary, it has a shared boundary with the
City in excess of the required one sixth and, with the Martineaus as sole owners, no
election process would be required.
Any additional costs to the city due to this annexation will be negligible as the Property is
already serviced by water, sewer, phone, cable and gas and because of it's location at the
end of Hopkins Avenue it will not represent any additional burden upon City provided
Emergency Services.
More importantly, the annexation of this Property will represent a considerable financial
gain to the City in the form of additional tax base and the Real Estate Transfer'fax. Of
even greater value to the City is that the annexation of this parcel will unlock the ability
for many other properties in this area of Aspen to annex in the future.
To this end Dan and Amy would like to offer the attached Pre- Annexation Agreement so
that they can be assured of the specific criteria/conditions under which their Property will
be annexed into the City of Aspen Boundary.
Sincerely,
Grafton Smith
Cirf ATTORNErs OFficp
,SEP. 2 0 1007
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DEED, Ltit•!tb`8t;ty1L
THIS D, Slde thin a
u ¢, b etween T 73 , , Ma 7th day of Nay a
AD JA JS S. ADAMS and FLORENCE P. AMS
(.345 88
of the Diuntyofpitkin and State'of Colo -
A t
- ' redo, of the fir .4 part, and
•
THE COi>bry OF PITKIN, STATE OF COLORADO
q�'rp t o f flit ITS NOMINEE r
t
Coun
' pmt and State of Col orado , of the second
., MTh;LESSEM, That the said part{ a s' "of tho first part, for and in consideration of the sum
often Dollars (510.00) and other good and valuable considerations
' .y` r. id i P to the said parti of the frst art, in hand paid by the s aid art y of the second part. the
P
� "., t the : p of is h ereby the f s and ac hand p a i d, hare granted, b
n
r a unto the sold and conveyed.
� y> L and by these presents do �; �•,l +rgain, sell, convey and co unto
the seec d art su ce- v-' y` bee said party at
•„ r 01 • P its Xi ing i,;.nd assigns forever, all the following; described lot or parcel
�,n rfv x . of land, tutte, lying and being in the ,g h , ' F r Coloraga to wit: Couary of Firkin and of
-4 k -4 y`, A tract of land situated in SEis1'1 of Section 12, Towr_ship 10 Sout,
,,,, t Range BS West of the 6th Principal Meridian Pitkin County, Colora'p.
.. y,, , Said tract being part of the Iomestake Lode, N.S. 4211, as is more
fully described as follows: Beginning at the intersection o; line
w -.: _11 -2 of said Homestake Lode with the westerly line of 7th Street
, <exteaded southwesterly from Main Street whence Corner No. 2 of sai
fir_A 9,:,'"..,', r Homestake Lode bears S80 ° 23'00 "11 120.89 feet and Corner No. 7 of
4 ; 2 Aspen Townsite bears N °35'17 "17 524.95 feet; thence N80 2.3
i 23c.E2 feet along said lire 1 -2; thence S15 ° 52'00 "W 78.10 feet;
$ ` ,�' c...: ^theirxe S ° 43'00 "h' 111.00 feet; thence S ° 38'00 "N 4.80 feet to
'r , ; a pctnt the westerly l of said 7th Street extension; thence
'°' _ ' N14 ° 50'49 "E 181.09 feet along said westerly line • -' beginning, containing 2939.6 square feet morel or less. point of
j N 1
,. a
„ Together with all and singular the hereditamcnts and a
4. 1 f� `,, Yko appertaining, and the reversion and reversions, remainder a and remainde•s,� , issues a nd
Ric, d , ‘ . and an the estate, right, title, interest, clam and demand whatsoever, of the said 1
r 'D r Pte x:e sof the first part, either in law or equity, of, in and to the above bargained premises, with li
the } ienediWments and a
' ppuneeaocea: TO HAVE AND TO FOLD the said premises above bar -
',gained and described, with the
t- v t t s ` v„ Colorado, appurtenances ua County of Pitkin, State of
a' 6„� w i r i
S . ` ,,¢ k86K51Crvd assigns forever.
. the end part y of the second part, its su GG es s
r” ' ` Ana the sa7d James S. Adams
%� f � 7 �' n and Florence P. Adams
' OR ITS NON 'EE
m ', rt *.. , 'r ° parties of the first part, for theaaaei yes . their
. N A` i1 �' { ; , edmintrt atone, do ca 'ennui d i s efrs, executors and
8 ;� , r i v ,eecond. its su � ifs grant, bargain and agree re and with the said Party of the j
yi I44y: � ^.3 ÷ :( 4 ,41:/ : +pwsbsstm of,spid ar y of the seoond a above bargl4,i re,^isP
P t1 -a i ab ' in the quiet tad peaceable e y
p{ p'rsons L aw t u l i claiming p its goof, b yainst all am every
� y ° y 4 � a y �� `, d non z r y almiag or to claim the whole or any � ass{
7 Y • , i I �the5said part of the first part to WARR.-INT AND POBEVEfl DEFENDSOUth or under
I
e , a r " rhaa C tr -Iii ESS 11 REOF, The -said parties of the first anha
u . , ,. ..',,- - , , c4 ,,
r ) s s and . seal s the day and ye above P have hereunto set the i r
1 i i i +� Signed Sealed and Delivered _ Hea•
r , 4 , .; « red in the Presence of L
Ja es S. 1
i��r,' t, c . _ J n
- - -�• ...
4"{ 0 I l} + Flo a �ayL • ' �� i �� Flo eau+ P. Adams . ,s.{,,, �1, ?,,,�„„ a V ` �� SF A TE OF COLO .._�"' —• (SEAL]
x . 11 �1 •• v r r yr C'a uuty of
Firkin .
„ '' F v `s , Tb° tog - , ; • w ec bm owled,ed Defo,. m tale 'I riffle ' i 1 v ,y , 2 4"9 , • rr 73 • - b y J ames S. Adams and Florence P. Adams � r°t N ay
^l, F _ N •
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+ w Ii` 'al r, !eo m WlnaMa• upl,q
1 f 4YTi ^ ( , ` 'Ldei• ypr carer, • 1e • Wito» In land and °Elicit' seal. .
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PPItInit }IOLL,\ND & II:1nt so 513 pa�;� . .ro..c•1..._,. Sell ,q...•.• .• o•,n. -. .•a <VO(> <a •••q,GO wtl�..>an ' A... .. .. dyn i, 197J , :no, o n Attorney
Clarlt, Caton, Avatln r L:cOrath
P.O. Dos lo
Aspen, Colorado 61011
no: Aetna Subdivlator •
Dear Lvnoloi
Pursuant to our ttliaph0n0 dt DCt:SDlen of Ina! ` ,
yak, I au voolosio; to you a cony or tin Spacial
Warranty rood fvca .11.3 and rlercceo Matto to Ptettn
County vhtcu Is Dnttg hold in vitro's is tali calico,
as rovtcod to provted for convoyacao to the County
C l of n ••
La in taro Oaf land u ssava.9J by
, v t ho t. cy or Px p+o prior CO escord rd UoL• o: tho pcd. cd.
Vsry truly')ours, . IC:
Arthur C. Daily
for nCLLA::D L IAIIS
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Tara O'Bradovich
From: Grafton Smith [graftonsmith @comcast.net]
Sent: Tuesday, September 11, 2007 12:58 PM
To: Tara O'Bradovich
Subject: Martineau Annexation
Dear Tara: Please find below the body of the Com Dev email referenced in the Martineau Pre- Annexation Agreement I dropped off last
Friday. Would you please print out and attach it to the rest of the ap. Ref timing: We would like to move this along promptly so any help
in that direction would be a big help.
Grafton
"Hi Grafton
This email is a quick follow up to our phone conversation. Any lot which contains an easement that is maintained by and is for the
benefit of private parties, is not deducted from the lot area. So, if the easement on 201 S.
7th is not maintained by the City of Aspen, Pitkin County or another public entity (and is therefore maintained by private parties) then
the lot area is not reduced. (for example, if the total lot size was 10,000 square feet and 1,000 square feet of that was a public
easement, the total lot area would be calculated as 9,000 square feet. If the 1,000 square foot easement were a private one the total
lot area would be calculated at 10,000 square feet.)
You also asked about the lot line adjustment that made the driveway wholly on the property, rather than using an easement on another
property. When lot line adjustments are made, the area added is included in the lot area calculation, baring any restrictions that may
have been placed on it. It does not appear that any restrictions were placed on the lot line adjustment, so the additional area would be
included in the total lot area.
If the up to date survey indicates that the added lot area does not contain an easement and is not burdened by some other restriction,
then that area is included in your lot area calculation for total lot area.
I hope this helps answer your questions. Let me know if you have any other questions.
Cheers,
Jessica
Jessica Garrow, Planner
Community Development Dept.
City of Aspen
130 South Galena Street
Aspen, CO 81611
970.429.2780
www.aspenpitkin.com <http: / /www.aspenpitkin.com> chttp: / /www.aspenpitkin.coml> "
1
``LORRIE 1? ' SPEN
& ASSOC ATES
REAL ESTATE SALES • RENTALS • DEVELOPMENT
September 10, 2007
John Worster
City of Aspen Attorney's Office
130 S. Galena
Aspen, CO 81611
Re: 201 S. Seventh Street
Dear Mr. Worster,
Earlier today an application to annex the above - referenced property into the City of
Aspen was submitted by Grafton Smith. The owner of the property, Daniel Martineau,
called it to our attention that no annexation plat was submitted with the application. I
have enclosed an annexation plat for your reference.
Please feel free to contact our office with any questions or comments.
Sincerely,
Lorrie B. Wnnerman
601 East Hopkins Avenue Suite 201 • Aspen Colorado 81611 • 970.920.0020 FAX 970.920.0010
Email: info @lbaspen.com • www.lbaspen.com