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HomeMy WebLinkAboutcoa.lu.ec.Shadow View Condo.1975 4 • rW t r F • _ ASPEN aspen ,colora tio, &i6t1 box v • September 22, 1975 Mr. David Bruton Bruton Properties Inc. 1240 Viceroy Dr. Dallas , Texas 75235 Re: Shadow View Condominiums Subdivision Improvements Dear Mr. Bruton: The intent of this letter is to put- into'- writing those items which we discussed on September 5 regarding the Shadow View Condominiums . The pur- pose of the meeting was to establish what work must be completed before a certificate of occupancy could be issued by the building inspector. The following • conditions were agreed upon: 1) A five foot wide sidewalk would be constructed along the 90 foot frontage adjacent to the curb. This has since been completed and is satisfactory,. 2) Your desire was to not pave the parking area with asphalt although the subdivision plat noted it as being paved; I agreed to investi- gate this . Since that time I have reviewed all. available planning commission, council and staff review comments and can find no reference to this as a recommendation or requirement. . Inn view of • that and the fact that the runoff from the pro ject will be increased by the paving, the City will 'not require paving of the parking area; however, it was understood that the parking area would not drain into the alley. 3) It was agreed to' accept the contractor ' s state- ment that the drywells had been constructed- as called for on the plans and the subdivision plat, . 7771'1 . 410 David Bruton Page 2 4) The roof drain on the east side would be allowed to remain since the roof was flat .and very little water actually came through the drain. The majority of roof runoff goes to the front court- yards or the parking area. The weep holes in the rear retaining wall will be left as they are, but may be sealed in the future should there be any problem with excessive water on the lower adjacent • property, 5) The landscaping was not sufficient as it then existed and in lieu of the landscaping plan shown on the plat a total of eight (2 per unit) spruce trees (4 ' -5 ' in height) would be planted in front in addition to the existing Aspen trees in the courtyards . In accordance with the above, my only reservation to the issuance of a certificate of occupancy at this point is the completion of the landscaping. Please advise if there are any questions. Very truly yours , C3)6,L.t.).e a4:76 Dave Ellis • City Engineer • DE/dc cc: Clayton H. Meyring • 1 , . A, - _ • la2r S. . . . . , ...,..•-, . . • ,,.., .„. . .. . . . .. iN A V. . . . .• . . !,' ii I,' • I\ LA. i'L h. ,i`` r,,. i i 7 - i -/ (") 1. i 17-) 7 .,, , . / 1 .„0 , '1/4 1, 4.--i/ , ;, 1 ,-- \''.::::N u-,-1.)----- (li.' • •-:.'a - (,) . . , Dc: , vTEW 9 l.',1?,DIVIS10 IAGC,ETIL:NT . . . ... .. -....._ • . '-; / - L , madr: and entered• into this ;--- -/ day • . I . . 1 . . 1974 by ,1,-,1 1...--,1--;.;c, r p'..uT -1-1 '/I •(1,,,,r, n,ft,,,,r , ! / 1-c,fey...rd to as "Subdivideru , and THE CITY OF ASPF.',N • • • COLORADO , a municip0. corporation (hereinafter referre.d to WHEKDAS , Subdivider holds equitable title, . by virtue of a contract to purchase real. property , to a parcel, of land situate in the City of Aspen, County of Pitkin, State of Colorado, which parcel may be more particularly described as ., follows :. . . . . LOTS M, N and 0, Block 45; and • • WHEPEAS , Subdivider has submitted to City for_approval , execution and recording a subdivision plot of the above- . described property , such subdivision to be known and designated as ' "Shadow .View Subdivision" ; and . WHEREAS , the subject property is located within an area of the City. zoned AR-1 AccommOdations - Recreation; and . WHERT:AS , the City has fully consadered such subdivision • plat ', the proposed condominium 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 ...Subdivider to the matters_ hereinafter described , which • • matters are deemed necessary to protect, promote and enhance the public welfare;• and • WHEIAS, the City is willing to• approver.. execute. and . • accept for recordation such plat upon the agreement of the Subdivider to the matte: hereinafterdescribed and... subject . • to n11 the recljuiremcnts term and conditions of the City • of As pli.' Subdivision Rc,•gulations now in effect and other • . _ ,.. :. :: . . .. • - -* . . - • -. . - . : • . . . . :-- . . : „' ... -;-.', . : . . : . • . . • , . ' ' ,.. ../, , ... 777. ... I . III ' . .. • ...... . . 411 , • . . . , . . • . • . , . laws , rules and regulations ; and , . WP ERAS, the Ci.ty has i::ipo!:.;,-,C1 certain conditions, and • requirements in connection with its approval , execution and . • • . acooptance for recordation of the plat, and that such matters are necessary to prefect , promote and enhance the . . • public welfare; and • WHREAS, under the authority of Section 20-9 of the Municipal Code of the City of Aspen, Colorado, the City is entrit.led to assurance that the matters hereinafteragrced , to will be faithfully performed by. the Subdivider , • ' • NOW, THEREFORE , in consideration of the premises, the mutual covenants herein contained , and the approval, execu:tion and acceptance of said subdivision plat by the City for recording, the parties hereto hereby agree as follows : . • 1 . Subdivider shall construct and. install the storm \\s 4. • ‘ 4.1x- drainage. facilities Shown on the subdivision plat of Shadow . . , View . Subdivision as a precondition to the granting of a Certificate of Occupancy by the City . • 2. Subdivider shall landscape the subject property in ve, ,,,,z, accordance with the landscaping features shown On the v 1 1t- subdivision plat of Shadow View Subdivision as a precondition stY 0 .cN V • V t' to the gtanting of a Certificate of Occupancy by the City . • 3 . City and Subdivider mutually agree that the sum of - • ( A $2,.460 . 00 represents• four (4%) per cent of the current fair 1 . IV AD ' 'IV ' market value of the land described above, and that such. . . . . . amount shall be. paid to the City by. Subdivider at the formal • . . . . . execution. of the subdivision plat by the City . • . . 4 . It is the opinion of all parties hereto that the .. • bonding and escrow procedures provided for in Section 20-9 of the Municipal Code of the City of Aspen, Colorado, are . r ' • ..„.., . . !I, • -2- • • , . , . • . . . . 111.1 . ' ' - • ' . ' . . • . . ' . ' • . . . . . . . . . . . _. . .. • . . • •- . ... .. . • . . . . . . . • . . . . . . _ . . .. .. . . . . . . . . _ . . . . . . . . . .. . . . . . • • ,..., -. • All • . . . 411 . . . . . . , . . . . . • . not necessary inconnc..ctiOn with this particular subdivision , in light of tier elatively low costs involved in complying • wALb the :.-.1cireements net forth in paragraphs 1 and 2 hereof , . • and the fact that a Certif icate of Occupancy cannot be issued Tor the subject condominium project until such .agreaments are , . • . ful) y performed. and such bonding and escrow procedures are therefore hereby waived in this instance, 5 The Parties mutual:iy understand- and agree that the condominium units to be constructed on the subject property • . . are .intended to be owned and occupied by long-term residents of the area In order to insure that the aforesaid purpose . . is fulfilled , Subdivider hereby agrees that each and •every instrument by which title to one of said units is eventually . conveyed shall contain the following covenant : • "By. his .1.cceptance and: recording of the instant Deed , Purchaser agrees that the condominium unit conveyed hereby shall ' ,-• • never be. leased for a period of less than six ( 6) successive months . This . . restriction shall constitute a covenant .• running with the title to the subject unit SUbdivider further agrees that an identical leasing restriction .. • s . will be incorporated in theShadow View. Condominium Declaration so as to provide record notice of such limitation . . . 6 .. Subdivider agrees that the Subdivision shall become, upon written notice to the Subdivider, a• member in any future . • street, curb, gutter, sidewalk. and/or drainage district, as may at some . future time be created , insofar as the Shadow View Subdivision is in fact within the physical boundaries . • . ' • proposed by the petitioners endeavoring on behalf of the creation of such districts . ...... 7 . • Upon execution of this Agreement by all parties • .• . hereto, City agrees to approve and execute the -final plat . . . . . -3- . . - . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . ,, 11111 r • • of .c;h::clow View ;;;ubdivi s ice ;:qedept tho for recording in the real property records of County , Colorad.0,. upon payment C J recording fees and costs to City by Subdivi(.Ier . 8 . Subdivider shall , by resolution duly adopted by the board. of Directors , cau:-.;e. the Shadow View Condominium Association, anon-profit Colorado Corporation , to obliqa.te itself:.. to carry out the fc:ecToing undertaings outlined herein , 9 This Agreaent shall be binding upon the parties hereto and their respective heirs , personal representatives , successors and assigns . IN WITNESS WUEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. SUBDIVIQER:- ) ("\\ \\N PAUI` R„ IIAMW C TY OF AS PEt‘i: •' B - // • • ATTEST: ) ) /' City Clerk - • • • • • 111 • 411 • Memo To Donna Baer • Planning Dept. From: Dave Ellis City Engineer Re: Shadow View Subdivision Preliminary Plat • Engineering Dept. Comments Date: May 6, 1974 The plat should have the following additions: 1) Street and alley widths 2) Date of preparation 3) Scale and orientation on sheet 2 • ' 4) Location of utility pole in alley 5). Acreage of land 6) Location of sidewalk 7) Details of landscaping 8) Contours (existing and proposed) extending across alley 9) Finished contour elevations 10) Trash handling facilities The number of parking spaces shown becomes questionable under the restraints of the existing utility poles, • • alley grade, and snow conditions . Any plan for re- grading the alley will require approval and all costs involved in regrading or relocating the utilities will • be the responsibility of the subdivider . Regrading of the tract should not increase runoff from the improved site onto the adjacent downhill property. • The site improvements should be designed to provide enough on-site retention to maintain the historical runoff rate and comply with Urban Runoff Management Plan. Subdivider should also covenant to join any future special improvement districts including street, curb and gutter, sidewalk, and drainage . • • - - • - • • • • 11 • • : • • • • . . �t r SUBDIVISION PRELIMINARY PLAT REVIEW Checklist for items within and adjacent to tract to be subdivided. YES NO (A) Subdivision Name: SHAPop) V/ ec(1 • CGomia,oy,,vilvM> g•:'5T. Z 4 3 o ti flopieyaS (B) Location, Ties: (C) Required Names (with addresses) 1. Subdividers vi 2. Owners ? 3 . Designer 1/ 4 . Engineer or surveyor (D) Existing Important Features 1. Sections Lines 2 . Streets (width) 3 . Alleys (width) N®/u6 4 . Utility Easements (width & use) r°po�E- NONE 5. Other Easements (width & use) 6 . Water courses a. Ditches b. Drainage (also see item K) ,A1 F /Vo,v E 0 c. Other (Rivers, streams) ,00LE.S 7 . Public Utilities (Locations) ;,d 4000.. 8. Other important features ,A0(0)1/ 6:-.61 (E) Location & Dimensions for No m 1. Proposed Streets Aioove 2. Alleys (rned/aereoJ New 3. Easements ( 1 ' ) chiNAMI! C►IS �it,,aa Al : A r2P o $ Q•••CV Ie!'! Ce• 4. Lot Lines�Ir / Pe• Ago 00 JJ 5. Areas reserved for public use (F) Plotting Information v 1. Date of preparation '' -re- 5 w 7. Y 2 . Scale (not -less than 1" 1001M ®N S,yF�9 Z �✓ 3 . North Sign- (True North) .�°� °~ Sy��7 (G) Acreage to be Subdivided /ho? -5/W-)V • YES NO (H) Adjacent Property Owners 1. Names t.� 2. Addresses (I) Certified by Land Surveyor 1. Boundaryies 2 . Ties to Monuments (J) Condominium •/" 1. Location of all proposed structures c. vtd 2 . Parking areas 0- f eSV Ss s/A 3 . Principal landscaping (K) Proposed Locations 1. Bridges 2. Culverts 10° Y kiov4 ' �� 3 . Drainage ®N S• fit) ro P�PQ a. Surface b. Subsurface AA•1 S`° 4 . Utilities ,wo iv e • 5. Public Buildings /vdN E 6 . Pumping stations or appurtenance 7, 510,w/11-1C , G u 243 4. 707'4r i2. ®'�� (L) Zoning Boundaries Changes (M) Partial Development of Land ,cJDN� 1. Prospective street system Al ON a 2. Prospective drainage /Vela 4s, 3. Prospective utilities location •