HomeMy WebLinkAboutcoa.lu.ec.Shadow View Condo.1975 4 •
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ASPEN
aspen ,colora tio, &i6t1 box v
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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
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DE/dc
cc: Clayton H. Meyring
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Dc: , vTEW 9 l.',1?,DIVIS10 IAGC,ETIL:NT
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- L , madr: and entered• into this ;--- -/ day •
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. . 1 . . 1974 by ,1,-,1 1...--,1--;.;c, r p'..uT -1-1 '/I •(1,,,,r, n,ft,,,,r
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/ 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 :.
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. 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 .
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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 • .
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laws , rules and regulations ; and
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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
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• ‘ 4.1x- drainage. facilities Shown on the subdivision plat of Shadow
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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
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1 1t- subdivision plat of Shadow View Subdivision as a precondition
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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
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'IV ' market value of the land described above, and that such. . . .
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amount shall be. paid to the City by. Subdivider at the formal •
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. . . execution. of the subdivision plat by the City . •
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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
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• . not necessary inconnc..ctiOn with this particular subdivision ,
in light of tier elatively low costs involved in complying
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wALb the :.-.1cireements net forth in paragraphs 1 and 2 hereof , .
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and the fact that a Certif icate of Occupancy cannot be issued
Tor the subject condominium project until such .agreaments are ,
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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 ..
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s . will be incorporated in theShadow View. Condominium Declaration
so as to provide record notice of such limitation .
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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
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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:- )
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PAUI` R„ IIAMW
C TY OF AS PEt‘i:
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ATTEST:
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City Clerk
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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 .
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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
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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
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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
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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
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