HomeMy WebLinkAboutcoa.lu.an.201 S 7th St.2007-AN-1201 South Seventh _
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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.
Grafton Smith
CM ATR Rl&ll`S OFRI
SEP. Q 7 2007
0187 Lupine Drive West • Aspen, Colorado 81611 • 970 925-7120 970 925-1829 (Fax) • graftonsmith komcast. 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 PITKIN COUNTY TO WIDEN AND IMPROVE 7TH
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 RETT 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 came 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 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
Oven 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
CMATTOpWn
SEP_ o 2007
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Tins DEut), ludo this 7th day of pia),
19 73 , between JANES S. AMAMS and FLORE.NCE P:
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THE COUtitY QF PITK?N, STATE OF COLOR4DO
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County of Ifitkin and State of Colnrado, of the second t
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MT`i,ESSE711r, That the said parti a s' ' of tho first part, for and in consideration of the sum
ofTen Dollars ($10.00) and other good and valuable considerations
XjR41him
to the said parties of the first part, in hand paid by the said party of the second part, the
receipt -4ereof i3 hereby confessed and acknowJedged, h;kr,u granted, bargained, sold and conveyed,
and by U-jese presents do ^ ; ,,,,l;.�z; cin, sell, convey and confirm unto the said party cf
the aeccnd part, sul ca-�u _ s D
P its X_(4.�: - d assigns forever, all the following described lot or parcel
of land, aituate, lying and being in the County of Pitkin and State of
Coloraclo, to wit:
A tract of land situated in SELSl7; of Section 12, Towz_Ship 10 South
Ranre SS west of the 6th Principal ,Meridian, Pitkin County. Colorad
Said tract being part of the liomestake Lode, M.S. 4211, as is nera
fully described as folloics: Beginning at the intersection of 1_re
-h-2 of said Homestake Lode with the westerly line of 7th Street
extended southwesterly from Main Street ,'hence Corner No. 2 of sai
Homestake Lode bears S30°25'00'11 120,89 feet and Corner No_ 7 of
Aspea Townsite bears X44a3511711t 524.95 feet; thence KS0° Z5' 001,E
25:E2 feet along said lire 1-2; thence S15°52'Ou"W 78.10 feet;
the>ire S24° 43' 00"1V 111. DO feet; thence S46°38' 00'•1V 4.80 feet to
a pirint-on the westerly line of said 7th Street extension; thence
N14050149"E 181.09 feet along said westerly line to the point of
begLaning, containing 2939.6 square feet more or less.
ToCether with all and sin`ular, the hereditamcnts and appurtenances thereunto belon.ine, or in any-
wiao appettait iag, and the reversion and reversions, remainder and remainders, rents, issues and
,Oofit3=thereof; a.ad a;; the estate, ri-ht, title, i`•nttrest, clalm and demand what3oe'rar, of the s_:d
FZit,it Sof the first part, either in L^tv or equity, ot, in and to the above bargcined promises, with
`heaedltamonU at:d appurteraace3: TO HAVZ AND TO FOLD the said premises above bar.
flied and described, with the appurtenances, unto The County of Pitkin, State of
;-C6, loc-ado , the said part y of the second part, its sue
3titiJ Kkmd assigr_s forever. OR ITS NGIr:
Andtha sold James S. Adams and Florence P. Adams
parties oi: the first part, for theirs=l ves , their heirs, executors and
administrators, do a Cov�e nt, g ant, bargain and ngree to and with the said art y of the
';dCcona plrt, i t S s u c G_. 5 5 a_ S p
�2ta assior_9, the above barg:Liae care? isPg in the quiet znd pe^ceable
po,sessim of -said party of the second part. its ru' zsigus, against all and every
per9ori<rs pc,mns lanfu]ly claiming or to claim the whole or uny part thereof, by, throurh or under
t'?t e(;dafd ;;art1eS of the first part to WA ZPLAINT AZiD FOREVER DEFEYD.
:.>N. G`IT�iESS 11 tIEREOF, The- said part i e s of the first part have hereunto set their
r`haud °g.: pud aesl s til" day and year first above written.
SisgaiL Sealed and Delivered in the Freseace of
es S. Adams
[SEAL]
Florence P,,Adams
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eXtendsl widens and ipprovc= �� hold t)lis Daed in
is my understand�nQ that i +m
escrow until such time as the Co�r,±ydi��Prove
declaration of Intention to widen Fni_h Lkma the
Seyonth street into this arJelivereea, at
Beed will The Adams to
bubdivisiondplatthal beef'lamc" cdctodinQ•
provide for this contingency, and i „� cllclosin�
a copy of the escro)cad Deed jar your taco:=s•
Please let mo know if you have any Vucst�cr,�.
Very Lruiy fours,
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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> <http://www.aspenpitkin.com/>
4tORRIE AASPEN*
& ASSOCIATES
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 flee to contact our office with any questions or comments.
Sincerely,
1
Lome B. erman
` 601 East Hopkins Avenue Suite 201 • Aspen Colorado 81611 •970.920.0020 FAX 970.920.0010
Email: info@lbaspen.com 0 www.lbaspen.com
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ADAMS SUBDIVISION
ADAMS SUBDIVISION
LEGEND AND NOTES
TITLE INFORMATION FURNISHED BY:
PITKIN COUNTY TITLE, INC.
CASE N0. PCT19873F2
DATED: MAY 15, 2005
CITY OF ASPEN MONUMENT
EEARINGS BASED ON THE CITY MONUMENTS 0.4 THE NORTH L114E OF BLOCK
19 ASPEN TO,NSITE N 75°09.11-17 270.00-
FOU4D SURVEY MONUMENT AS DESCRIBED
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SAVi1ILL SUBDIVISION
PITKIN COUNTY FENCE ON THIS LINE
NOTICE: ACCO::DII:C TO COLORA" LA,'/ YCU Y.7ST CO:: ?t:::E ANY LEGAL -
ACTION OASED UPOC MY DEFECT ON THIS FLAT t:ITHlIi THREE YEARS
6F:TcR "CU FIRST DISCOVER SUCH CcF=CT^ It) NO EVENT HAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT CPir: :c::C=D Whc THAN TEEN
YWIS FROM HE DATE OF TI:= CF.TIFICATICN si::Ia! HN.ECIl. THE -
CCP.TIFICITIC:1 IS VOID IF- 1(OT L_-T STAW-::D WTH TI!c SEAL OF THE
SUi ti=YC R. -
25947 G'
EXCEPTION PARCEL
GOOK 331 PAGE 621
00. R.O~ 14 A
17
OF
LOT 31
ADAMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED 11AY 14, 1973
IN PLAT BOOK 4 AT PAGE 365.
TOGETHER WITH THAT PROPERTY AS SET FORTH IN BARGAIN AND SALE DEED
RECORDED JUNE 18, 1999 AS RECEPTION NO. 432369.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO DORTY K. SHA4f IN QUIT
CLAIM DEED RECORDED JULY 13, 1977 IN BOOK 331 AT PAGE 821.
CITY OF ASPEN
COUNTY OF PITKII4
STATE OF COLORADO.
CONTAINING 33,945 SO. FT. +/-
CERTIFICATION
I/ JOHN HOYlORTH HEREBY CERTIFY THAT THIS MAP WAS PREPARED
UNDER MY SUPERV(SION.
SIGNED THIS AY OF ! 2007.
JOH14 HO';IORTH P.L.S. 25947
CITY ENGINEER'S APPROVAL
THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING
THS — DAY OF 1 2007.
TRICIA ARAGON, CITY E14GINEER
CITY COUNCIL APPROVAL
THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN COU14TY
COLORADO THIS DAY OF ! 2007. AS EVIDENCED BY ORD I I•IANCE 140.
SERIES 2007, RECORDED VIITH THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION
t40 .
11AYOR
ATTEST, CITY CLERI(
CLERK AND RECORDERS CERTIFICATE
THIS ANNEXATIONI MAP VIA$ ACCEPTED FOR FILING AT THE OFFICE OF THE CLERK AND RECORDER
OF THE COUNTY OF PITKIN) STATE OF COLORADO, AT O'CLOCK! .M. THIS DAY
OF ) 2007) AND RECORDED 114 PLAT BOOK _ AT PAGE — AS RECEPTION
NUIBER
CLERK AND RECORDER Ask
—
.k\ N N E X A' it 0 '1 IC A E) L, E
TOTAL ANNEXATION PARCEL BOUNDARY PERIMETER 770.03 FEET
ONE SIXTfi (1/6) PARCEL BOUNDARY PERIMETER 128.35 FEET
CONTIGUOUS CITY BOUNDARY 232.87 FEET.
252.87 FEET GREATER THAN 128.24 FEET
1--500'
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PREPARED BY
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------------
ASPEN SURVEY ENGINEERS) INC.f
210 SOUTH GALENA STREET j
ASPEN, COLORADO E1611 F
PHONE/FAX (970) 925-3816
DATE JOB 1
t
3/07 29132A1