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HomeMy WebLinkAboutcoa.lu.su.Buckwheat.1979 Reception NO. 2165 Vic, Recorded at 3;07PM July 20, 1979 Loretta Banner Recorder nom 13 PAGE 55 SUBDIVISION IMPROVEMENT AGREEMENT BUCKWHEAT SUBDIVISION THIS AGREEMENT, made and entered into this /3 day of / , 1979, by and between FRANK J. WOODS, III, i ANTHONY J. MAZZA and MAURICE T. BRODIN (the "Subdividers ") and THE CITY OF ASPEN, COLORADO, a municipal corporation, (the "City'). WITNESSETH: WHEREAS, the Subdividers hold record title to a parcel of land situated in the City of Aspen, County of Pitkin, State of Colorado, and more fully described on Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, the Subdividers have submitted to the City for approval, execution and recording a subdivision plat of the above - described property, such subdivision to be known and designated as "Buckwheat Subdivision "; and WHEREAS, the City has fully considered such subdivisio' plat, the proposed development and the improvement of the subject property shown thereon, and is willing to approve, execute and accept said plat for recordation upon the agreement of Subdividers of the matters hereinafter described, which matters are deemed necessary to protect, promote and enhance public welfare; and WHEREAS, the Subdividers and the City wish to reduce that agreement to writing. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of said subdivision plat with the City for recording, parties hereto hereby agree as follows: 1. Subdividers covenant and agree to and with the City that the Subdividers will affirmatively consent to and join in the formation of any special improvement district, eooK373 mu 56 encompassing all or any part of the Buckwheat Subdivision, that may hereafter be proposed or formed for the construction of street improvements, drainage improvements and buried electrical improvements. Subdividers hereby waive and further covenant and agree to waive any right to protest against the formation of any such district. 2. In the event the City, at any time or from time to time, shall construct or install any street improvements, which improvements service or improve a general area including the land within the Buckwheat Subdivision, Subdividers agree, upon demand, to pay or reimburse the City for that portion of the actual cost of such improvements which is properly allocable to said subdivision. 3. The Subdividers hereby acknowledge responsibility for the six inch service line which connects the two buildings presently on this property to Aspen Metro Sanitation's trunk line. 4. The Subdividers hereby agree to add a fire hydrant consistent with the location as shown on the plat. Subdividers further agree that the placing of the additional fire hydrant shall be at the expense of the Subdividers. The Subdividers and the City agree that if the fire hydrant cannot be installed within 60 days from the approval of this final plat by the City, the Subdividers shall nevertheless be allowed to record the final plat provided that they place in escrow an amount to be determined by the mutual agreement of the Subdividers, the Fire Marshal and the City Engineer. 5. The covenants and agreements of the Subdividers herein shall be deemed covenants that run with the land, shall burden the land included within said subdivision, and shall bind and be specifically enforceable against all subsequent owners thereof, including the Subdividers,their heirs, personal representatives, successors in interest and assigns. -2- Mr sooK 3 /3 MAL 57 6. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the final plat of the Buckwheat Subdivision and accept the same for recording in the real property records of Pitkin County, Colorado, upon payment of recording fees and costs to City by the Subdividers. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE CITY OF ASPEN, COLORADO a municipal corporation ATTEST: /y 1,-1'401 / i Wyk J. rds, III J .. ..a A oriy • ". rice T. Brodin -3- MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Buckwheat Subdivision - Final Plat DATE: June 13, 1979 This is a final plat review for the Buckwheat Subdivision. The essence of the application is as follows: "The applicants' desire is to subdivide the property into two lots. A single family dwelling is located on one lot and this lot will contain 6,028 square feet. An apartment building commonly known as the Buckwheat Apartments is located on the other lot and this will contain 22,656 square feet. This apartment house presently contains 8 units. The single family dwelling and the lot on which it is located will be sold to Dean Chiminis who presently occupies the single family dwelling. The lot is presently under a letter of agreement with Mr. Chiminis. This subdivision does not contemplate the cominiumization of the Buckwheat Apartments, but merely the lot split explained above." I have attached for the Council's review a copy of the Planning Office's preliminary plat memorandum to the Aspen Planning and Zoning Commission and the Engineering Department's comments which were made at that time. These items are attached for informational purposes only. With regard to the final plat, the applicants have submitted the final plat and the subdivision improvement agreement. The subdivision improvement agreement is attached for your review. Both the final plat and the subdivision improvement agreement were referred to the City Engineer and the City Attorney. Assistant City Engineer, Dan McArthur, comments as follows: "After having reviewed the final plat and the subdivision improvement agreement for the Buckwheat Subdivision, the Engineering Department finds that there are some inadequacies with regard to the City's subdivision design standards. They are as follows: 1. Subdivision improvement agreement a. Exhibit 'A' must be attached hereto for the final subdivision improvement agreement. b. Page 2, Item #4, Line 8 - 'Post a bond' should be replaced with 'place in escrow.' 2. Record Book and Page number for encroachment easement on final plat. 3. Final plat a. Under dedication on line #22 - Add 'and access easements' between the words, 'utility easement' and 'as shown.'" Ron Stock, City Attorney, has reviewed the final plat and the subdivision improvement agreement and recommends your approval without condition. At this time the Planning Office recommends you approve the final plat for the Buckwheat Subdivision subject to the changes requested by the City Engineering Department. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Buckwheat Subdivision - Preliminary Plat Review DATE: April 5, 1979 This is a public hearing to review the preliminary plat submission of the Buckwheat Subdivision. You will recall that the Buckwheat Subdivision proposal is to subdivide the property into two parcels. "A single family dwelling is located on one lot and this lot will contain 6,028 square feet. An apartment house known as the Buckwheat Apartments is located on the other lot and this will contain 22,656 square feet. The apartment building presently contains eight units. The single family dwelling and the lot on which it is located will be sold to Dean Chiminis who presently occupies the single family dwelling. The lot is presently under a letter of agreement with Mr. Chiminis." The application was referred to 8 local agencies. The Planning Office has received the most relevant of the comments. They are as summarized as follows: 1. Heiko Kuen of Aspen Metro continents that there is no problem with the development in that it is already being served by sewer. He does on to point out that the Buckwheat Apartments and the single family swelling are both connected to one 6" service line going to the Aspen Metro Sanitation District trunk line. He wishes that it be noted that the responsibility for maintenance of the 6" service line lies with the owners. Aspen Metro Sanitation District is only responsible for the trunk line. 2. Rocky Mountain Natural Gas notes that at the present time both the buildings are served from one meter and the applicants need to straighten this out prior to final approval. 3. Bob Jacobs, Fire Marshall, comments that Section 20.17 requires that fire hydrants be spaced no further apart than 350 feet in high density residential areas. This proposed subdivision does not meet the intent of that Section and it should be required to do so. 4. Jim Markalunas, City Water Department, comments that he knows of no problems with the proposed subdivision and therefore has no comment. 5. The City Engineering Department has reviewed the application and they recommend approval subject to the correction of five problems which are enumerated on their attached memorandum of April 2, 1979. The Planning Office recommends you approve this preliminary plat subject to the solution to the five problems identified in the Engineering Department's memorandum of April 2, 1979, the installation of a fire hydrant as requested by the Fire Marshall, and acknowledgement of responsibility for the 6" service line which connects the two buildings to Aspen Metro Sanitation's trunk line. M E M O R A N D U M TO: RICFIARD GRICE, PLANNING /{,J► FROM: DANIEL A. McARTHUR, ASST. CITY ENGINE DATE: April 2, 1979 RE: Buckwheat Subdivision - Preliminary Plat Review After having reviewed the preliminary plat for the above project and having made a site inspection, the engineering department finds that there are several inadequacies with regard to the City's subdivision design standards. They are as follows: 1) The following information shall be incorporated in the prelim- inary plat drawing: a. Show right -of -way and dimensions for Highway 82. b. Show size of existing sewer on Highway 82. c. Show telephone numbers of owners, subdividers, and surveyors. e. Show boundary lines for adjacent subdivisions and /or lots. f. Show address of surveyor. 2) The owner shall provide a utility easement for all overhead electrical power and communication utilities, should the elec- trical power and communication utilities in this area be run underground. 3) The twenty -four foot wide private access easement for Lot 1 must be extended approximately thirty to forty feet to allow for proper access to Lot 1. 4) An easement for the southwest corner of the two -story apartment building must be obtained from the adjoining property owners. The engineering department's recommendation is for conditional approval of the above subdivision preliminary plat request subject to the applicant correcting the following: • 1) Revise and resubmit the preliminary plat drawing. 2) The owner shall provide utility easements for overhead electrical power and communication lines. 3) The twenty -four foot wide private access easement for Lot 1 shall be extended. 4) An easement for the southwest corner of the two -story apartment building must be obtained. 5) The owner shall revise and resubmit the parking design and easement drawings. Memo Re: Buckwheat Subdivision - Preliminary Plat Review April 2, 1979 5) The owner shall revise and resubmit the parking design and ease- ment drawings. jk MEMORANDUM TO: Dave Ellis, City Engineer Jim Markalunas, City Water Department Jim Holland, City Parks Department Bob Jacobs, City Fire Marshall Rocky Mountain Natural Gas Mountain Bell Holy Cross Electric Association Aspen Metropolitan Sanitation District FROM: Richard Grice, Planning Office RE: Buckwheat Preliminary Plat DATE: March 6, 1979 Attached please find Preliminary Plat for the Buckwheat Subdivision Exemption. May I please have your comments by Tuesday March 27, 1979 so that I may submit the Preliminary Plat at a Public Hearing scheduled to be held before the Aspen Planning and Zoning Commission on Tuesday, April 3, 1979. If you cannot meet this deadline, please contact me immediately at 925 -2020, ext. 223. Thank you. M= EMORAND = „!.i TO: Dave Ellis, City Engineer (dim Markalunas, City Water Department Jini Holland, City Parks Department Bob Jacobs, City Fire Marshall • Rocky Mountain Natural Gas Mountai n Bell Holy Cross Electric Association Aspen Metropolitan Sanitation Di strict FROM: Richard Grice, Planning Office • RE: Buckwheat n Preliminary Plat DATE: March 6, 1979 • Attached please fi nd Preliminary Plat for the Buckwheat Subdivision Exemption. May I please have your comments by Tuesday March 27, 1979 so that I may submit the Preliminary Plat at a Public Hearing scheduled to be held before the Aspen Planning and Zoning Commission on Tuesday, April 3, 1979. If you cannot meet this deadline, please contact nie irmiediately at 925 -2020, ext. 223. Thank you. ;.? 1011de--1--/te 3 - 7 - • • i MEMORANDUM • TO: Dave Ellis, City Engineer Jim t1irkalunas, City Water Department Jim Holland, City Parks Department 'Bob Jacobs, City Eire Marshall Rocky Mountain Natural Gas • Untain Pell Holy Cross Electric Association Aspen I etrcpolitan Sanitation District FROM: Richard Grice, Planning Office RE: Buckwheat ` ui ' ' Preliminary Plat DATE: March 6, 1979 Attached please find Preliminary Plat for the Buckwheat Subdivision Exemption. May I please have your comments by Tuesday March 77. 1979 so that I may sZm` t the Prelim i - • ' e ' • sf 9 • ' • • >° held before the Aspen Planning and Zoning Commission on Tuesday, April 3, 1979. If you cannot meet this deadline, please contact me irnrediately at 925 -2020, ext. 223. Thank you. f ai 44 Se P O 4)4 " -e(47- • MEMORANDUM T0: Dave Ellis, City Engineer Jiui Markalunas, City Water Department Jim Holland, City Parks Department Bob Jacobs, City Fire Marshall • Vicky Mountain Natural Gas Mountain Bell Holy Cross Electric Association Aspen Metropolitan Sanitation District FROM: Richard Grice, Planning Office RE: Buckwheat Sukdavisicp, Exemption Preliminary Plat DATE: March 6, 1979 Attached please fir:d Preliminary Plat for the Buckwheat Subdivision Exemption. May I please have your comments by Tuesday March 2.7, 1979 so that I may submit the Preliminary Plat at a Public Hearing scheduled to be held before the Aspen Planning and Zoning Conc:ission on Tuesday, April 3, 1979. If you cannot meet. this deadline, please contact me immediately at 925 -2020, ext. 223. Thank you. 7 - 19 - - ---e F , 1 : c.- 1 Ett 0 / ,t-- r (2.,7ic i i y 7 ist . y C , ter • E M E M O R A N D U M • TO: RICHARD GRICE, PLANNING OFFICE FROM: DANIEL A. MCARTHUR DATE: June 7, 1979 • RE: Buckwheat Subdivision - Final Plat After having reviewed the final plat and the subdivision improve- ment agreement for the above project, the engineering department finds that there are some inadequacies with regard to the City's subdivision design standards. They are as follows: 1) Subdivision Improvement Agreement a. Exhibit "A" must be attached hereto for the final subdivi- sion improvement agreement. b. Page 2, Item #4, Line 8 - "Post a bond" should be replaced with "Place in escrow." 2) Record Book and Page number for encroachment easement on final plat. 3) Final Plat a. Under dedication on line #22 - Add "and access easements" between the words, "utility easement" and "as shown." jk GarreLD SC HEOHT ATTOSiens AT Law VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 61611 RONALD GARFIELD 28, T Lsvno B ANDREW V. HECHT February 28, 1979 1303) 028-1086 ASHLEY ANDERSON CHRISTOPHER N. SOMMER CRAIG N. BLOCHWIC% LYNN O. ALSON Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 Re: Buckwheat Subdivision Dear Members: This is an application on behalf of Anthony J. Mazza, Frank J. Woods and Maurice T. Broden for prelimin- ary plat approval of the Buckwheat Subdivision. The details of the subdivision are delineated on the plat submitted with this letter. This letter is intended to give you a brief summary of the application. The applicants desire to subdivide the property delineated on the preliminary plat into two (2) lots. A single family dwelling is located on one lot and this lot will contain 6,028 square feet. An apartment house commonly known as The Buckwheat Apartments is located on the other lot and this will contain 22,656 square feet. This apartment house presently contains eight (8) units. The single family dwelling and the lot on which it is located will be sold to Dean Chiminis who presently occupies the single family dwelling. The lot is presently under a letter of agreement with Mr. Chiminis. This subdivision does not contemplate the condomin- iumization of The Buckwheat Apartments, but merely the lot split explained above. Thank you very much for your consideration of this matter. Sincerely, Ashley Anderson Attorney for the Applicants AA /pa Enclosure M E M O R A N D U M TO: RICHARD GRICE, PLANNING FROM: BOB JACOBS, FIRE MARSHAL DATE: March 12, 1979 RE: Buckwheat ertiodttioion Ex,,mption - Preliminary Plat Unfortunately, this proposed subdivision is located in an area where existing fire protection due to fire hydrant spacing could be greatly improved. Section 20 -16 (Improvements) states that the subdivider shall provide water lines and fire hydrants, and Section 20 -17 (Design Standards) further states that fire hydrants shall be spaced no farther apart than 350 feet. This proposed subdivision does not meet the intent of this section which would make the re- quired distance between fire hydrants at 175 feet. I would be happy to meet with the principals or their representatives in this application to explain some possible corrections for this deficiency. jk . 1. _ ( G�LC✓l. a a -1 fr y ✓ l F� Pr k 1 £ k t:_:U S: bb 130 sou', . ° _= street aspen, c c!ot'adO 81611 February 20, 1979 Mr. David W. McBride Survey Engineers Inc. P.O. Box 2506 Aspen, Colorado 81611 Re: Buckwheat Subdivision Preliminary Plat Dear Dave: After a cursory examination of the preliminary plat submitted, I do not see any major deficiencies or inconsistencies with the con- ceptual approval except for the access and utility easement for Lot 1 which does not appear to extend as far south as discussed at the conceptual site inspection. It has been the policy of both the planning and engineering departments to require a formal sub- mittal together with payment of the appropriate fees before any detailed examination is made on an application. I would suggest that the applicants or their attorney file a formal preliminary plat submission with the planning department so that we may proceed with the detailed review at which time we will exam- ine further the access easement for Lot 1. After formal application . is made, the engineering department will be more than willing to work with you or the owners to resolve any deficiencies prior to setting the date for preliminary plat public hearing. Very truly yours, c a.crt. 4-0 Dave Ellis City Engineer jk cc: Richard Grice ✓ Andy Hecht MEMORANDUM TO: Dave Ellis, City Engineer Jim Markolunas, City Water Department Jim Holland, City Parks Department Bob Jacobs, City Fire Marshall Rocky Mountain Natural Gas • Mountain Bell Holy Cross Electric Association (Aspen Metropolitan Sanitation District FROM: Richard Grice, Planning Office RE: Buckwheat • .'•',,'. • ' n Preliminary Pl at DATE: March 6, 1979 Attached please find Preliminary Plat for the Buckwheat Subdivision Exemption. May I please have your comments by Tuesday March 27, 1979 so that I may submit the Preliminary Plat at a Public Hearing scheduled to he held before the Aspen Planning and Zoning Commission on Tuesday, April 3, 1979. If you cannot meet this deadline, please contact me iimnediately at 925 -2020, ext. 223. Thank you. tE /5 NO Pie°emery /.. /rN TN /S t e' rLoen, _r, /T / ALkENAY 73e //-c StLvt? fl- PEI -E R- ,oh -even. /.-e H✓sr pO/rT OvT 7' i-IA7 /Ss- crr....NEAr A rts A N/> THE $/ «e FAn/cy Ar /S Po-E rerf lV a cc A .t5 ' rE 4 '- /ce ,L/. Co/» -e- 70 /joTN Con -fret Gry To OP- 6 Thep knsa T [c.r /c „./n -e , /.i/TN to- ° SE/ O6- I--Caf THE A "It/e7 Ciao-P- °T VS E H ELA RE Croat-s/ate__ F t 7/ F. 6 " J_r,e.s ece s,/ •-e /ct4 /-IAS THE 7!-° AL0 /L0/A.c1 GOI 1 - Ec7E!> T /T. 714. Ann) grS Poi- sr /s,•/ >Y LI ES ;et •1 /TS TC..r /. 2-/.-e I_/TN ? #C ,/9A /n_7Cn -A.ee O F THE 6 !EtI -FCC t /4- e /3F- /h.< 7 A K eARt A-Are S OF PV TI`Fe 7"-o Jin.r. • /i tier- MEMORANDUM TO: Dave Ellis, City Engineering FROM: Richard Grice, Planning Office RE: Buckwheat Subdivision - Final Plat DATE: May 22, 1979 Attached please find two copies of Final Plat of Buckwheat Subdivision. This item is scheduled to come before the Aspen City Council on Monday, June 11, 1979. Therefore may I have your comments by Monday, June 4, 1979. If you cannot meet this schedule please contact me immediately. Thank you.