HomeMy WebLinkAboutordinance.council.008-99 JUN.30.2000 2:25PM. CITY Or ASPEN NO.e59 P.1
ORDINANCE NO..
Series of 1999
AN ORI5INANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORZING THE SECOND AMENDMENT TO THE NORTH SPRUCE STREET WATER
SERVICE AGREEMENT WITH DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER,
ALBERT G-TIM.ROTH AND DONNA M. TIMROTH,AND THE PORATH FAMILY TRUST,
FORPROVISION OF TREATED WATER SERVICE TO SERVE AN ADDITIONAL PROPERTY
LOCATED ON NORTH SPRUCE STREET.
WHEREAS, the City Council has approved Ordinance No. 41, Series of 1997, which
provides for extension of water service to a private water system to serve the properties on North
Spruce Street owned by Dr.Richard C.Phillips,Raymond N.Auger,Albert G.Timroth and Donna
M. Tirnroth and Ordinance No, 27, Series of 1998, to allow the private water system to serve an
additional lot on North Spruce Street owned by the Porath Family Trust; and
WHEREAS,the foregoing persons whose lots have been approved for service via the private
water system are herein referred to as the Owners; and
WHEREAS, one of the Owners, Raymond N. Auger, has asked that the water service
agreement be amended a second time so that a second lot owned by him on North Spruce Street, Lot
3 of the Cora Lee Subdivision, will be approved to receive water service pursuant to the North
Spruce Street Water Service Agreement, for a total of 4.8 ECUs; and
WHEREAS, the North Spruce Street.Association, which is empowered to act on behalf of
Owncrs,has requested that the water service agreement be amended a second time to include one
a ditiorial lot to be connected to the private water system; and
WHEP,tAS, Lot 3 of the Cora Lee Subdivision and all of the propertles to be served by the
private water system are located in Pitldn County, and not within the City limits of the City of
Aspen; and
WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension
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of City water service outsiL�o the corporate limits of the City of Aspen shall be made pursuant to an
agreement with the City and in accordance with the City of Aspen water main extension policy and,
further, that the City may grant water service only upon a determination that no conflict exists
between the best interests of the City and the prospective water use, and that the City may impose
such contract,water rights dedication and bond requirements as it deems necessary to safeguard the
best interests of the City; and
WHEREAS,the City Council has adopted by Resolution No. 5,Series of 1993,as amended,
policies to guide municipal water system development and services beyond the City limits; and
WHEREAS,said policies require the City Council to make a determination that the proposed
water service extension complies with said policies and is in the best interests of the City of Aspen;
and
WHEREAS,the City Council has had an opportunity to review with City staff the proposed
Correction-to Property Description concerning the requested amendment to the existing North Spruce
Street Water Service Agreement to include service to Lot 3, Cora Lee Subdivision;
NOW, THEREFORE, BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1. The City Council of the City of Aspen hereby determines that the proposed
provision of additional City water to the North Spruce Street private water system to serve Lot 3,
Cora Lee Subdivision, located on North Spruce Street outside the City limits of the City of Aspen,
is in the best interests of the City and substantially complies with the City of Aspen water policy for
extraterritorial services, asset forth in'kesolutionNo. 5, Series of 1993, as amended, and therefore
agrees to that said Lot 3 may be connected to the private water system located on North Spruce Street
in Pi-ddn County, and that the City will provide sufficient water to the private water system to serve
Lot 3- on the terms and conditions set forth in the Second Amendment to City of Aspen Water
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'Service Agreement attach-: ,hereto as Exhibit A and incorporated L., yin.by reference.
Section 2. This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of ordinances
repealed or amended as herein provided,and the same shall be construed and concluded under such
prior ordinances.
Section 3. If any section,subsection,sentence,clause,phrase orportionofthis ordinance
is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate,distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 4. A public hearing on the ordinance shall be held on the ` ll� day
of KJAA , 199 , in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the,49a day of 19
�NN 4R �r� ,l:' Jo S. Bennett, Mayor \
•Ait t 33 A
:
I , City Clerk
F LY AD TED, P4SSED ND APPROVED TM DAY OF
, 19
4 sr `'' ellndtt, Mayor
Aft t-
: vh�, City Clerk
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SECOND AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT
This Second Amendment is made , 1999, to that certain Water Service
Agreement entered into December 15, 1997, in Aspen, Colorado, The parties to this Second
Amendment are the City of Aspen, a Colorado municipal corporation and home rule city whose
address is 130 South Gdlena Street,Aspen,Colorado 81611 (hereafterthe"City"),andNorth Spruce
Street Association, an unincorporated entity authorized to act on behalf of those persons identified
as "Owners" in the Water Service Agreement and the First Amendment to that Water Service
Agreement.
In consideration of the mutual promises and covenants set forth below, the parties and the
Raymond N.Auger("Auger") agree as follows:
1. The above-described Water Service Agreement was recorded with the Pitkin County
Recorder on May 27, 1998 at Reception No. 417351,and is herein referred to as the North Spruce
Street Water Service Agreement,The First Amendment to Water Service Agreement and Pretapping
Agreement was recorded with the Pitlan County Recorder on March 8, 1999, at Reception No.
428533, and is herein referred to as the "First Amendment."
2. The North Spruce Street Water Service Agreement and the First Amendment set forth
the terms and conditions under which the City agreed with Owners to provide municipal water
service to a private water system to be constructed, owned, operated, maintained, repaired and
replaced by Owners and their successors, The Pretapping Agreement executed in connection
therewith authorized certain connections of individual service lines to the water main in advance of
connection of the service lines to structures.
3. Paragraph 11 of the North Spruce Street Water Service Agreement provides that other
interested parties may connect to the private water system upon amendment of the North Spruce
Street Water Service Agreement and payment by such parties of any recoupment charges unposed
by Owners in addition to tap fees and other payments to be made to the City pursuant to the North
Spruce Street Water Service Agreement_ Paragraph 8 of the First Amendment authorizes the North
Spruce Street Association to approve-the connection of any additional lots to the private water
system.
4. Auger is owner ofthe property described on Exhibit A, and referred to herein as"Lot
3.1?
5. Aiiger-has requested permission from the North Spruce Street Association and the
City to connect Lot 3 to the private water system,in order to provide water service of up to 4.8 ECUs
to a single family residence to be constructed on Lot 3. Auger has agreed to pay all recoupment fees
required by Owners, and has paid to the City the well system development fee and payment in lieu
of water rights required by the City. Auger will pay to the City when due all utility hookup charges
and water system,connection charges (tap fees)required by the City. Lot 3 will not be pretapped.
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6. Auger,by executing this Amendment,agrees,on behalf ofhimself,his successors and
assigns, to be bound as the Owner of Lot 3 to all of the terms and conditions of the North Spruce
Street Water Service Agreement,the Pretapping Agreement(to the extent applicable),and the First
Amendment. Auger specifically represents that he is familiar with,and agrees to be bound by,those
provisions regarding annexation of Lot 3. Auger also agrees that Lot 3 is subject to the requirements
set forth in Exhibit B, items A through G (memo dated February 23, 1999, from Mitch ):=Haas to
Tamara Pregl).
7. North Spruce Street Association and the City hereby agree that Lot 3 will be subject
to the North Spruce Street Water Service Agreement and the First Amendment, and that Auger, as
Owner of Lot 3, will be subject to all of the terms, conditions, benefits and burdens of the Water
Service Agreement and the First Amendment.
8. Auger acknowledges that the North Spruce Street Association,which has organized,
managed and advanced funds for the planning, permitting and construction of the private water
system in�rastructure, has the exclusive right to grant him the right to tie in to the private water .
system and to charge him a recoupment charge in addition to tap fees and other payments to be made
to the City. The North Spruce Street Association hereby grants Auger the right to tie in upon
payment of his agreed upon recoupment charge.
9. The City agrees that by the addition of the Auger Lot 3 as a lot to be served pursuant
to the North Spruce Street Water Service Agreement,the City shall provide treated water service to
the private water system in an additional amount not to exceed 4.8 ECUs,or a maximum of 2.0 acre-
feet per year. The total amount of water to be provided in paragraph 1 of the North Spruce Street
Water Service Agreement and the Pretapping Agreement is therefore 18.6 ECU's with a maximum
of 7.03 acre feet per year.
10. Auger's address fdr purposes of paragraph 29 of the North Spruce Street Water
Service Agreement and paragraph 10 of the Pretapping Agreement is as shown in the North Spruce
Street Water Service Agreement. Said address may be changed for purposes of either agreement as
therein•provided.
11. This Second Amendment shall be reeorded at the expense of the North Spruce Street
Association.
12. Except as otherwise herein specifically amended, the North Spruce Street Water
Service Agreement, the Pretapping Agreement and the First Amendment remain in full force and
effect.
Dated; , 1 3 b �7
CITY OF ASPEN ATTE�T: + `
By: }
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John Bennett,Mayor City Clerk
Raymo d N.-Auger
NORTH SPRUCE STREET ASSOCIATION
By
C.\Noma\robin)\*T\wp6l\aouncirspruce arnend2.wpd
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second amcndmcnt031G99 �
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SECOND CORRPMON OF PROPERTYDESC]MMON
(This is a second correction given in order to provide a correct legal description ofthe property
described as °%zymond and Camma Anger Property"in Addendum I to that M tein Water Service
Agreement dated December 15,1998,andrecorded with Pttkfn CoantyRecorder atReception Number
417351,page 27 of 46,on May 27,1998,which.legal description was iattial�y corrected bythat certain
Correction of Property Description dated August 10, 1998, and recorded'with the Pitkin County
Recorder at Reception No. 429533, pages 16 and 17 of 17 on March 8, 1999. Following s lot line
adjustment on said property,this second correction is required.
The undersigned acknowledge that the legal descriptions of the property identified in the above-
named Water Service Agre==t as the"Raymond and Camilla Auger Property"and-in the Comction of
Property Description dated August 10, 1998 must be corrected,and that the property description attached
to the Correction of Property Description dated August 10, 1998 is heroby replaced in its entirety with the
legal description attached hereto as Exhibit A and incorporated herein by reference. References to the
"Subject Property"in the.above-referenced Water Service Agreement and any amendments,addenda and
exhibits thamto are deemed to include the property descn bed on-Exhi-bit A hereto
THIS CORRECTION DOES NOT $LATE OND N3AtJ'GI�R, AND WHICH L4�gT�
WHICH LOT IS ALSO OWNED Y RA
SUBJECT OT THE.SECOND.AMENDMENT TO TPE,AB.OVr'^,MCFT D WATER SERVICE
AGREEMENT.
Dated; Match 22, 1999.
crrY Or ASPLN PL
N.'AUCT:xR
Mayor
Attest:
City Cleric
State of rOL0- �
RiQ .
County of �?z-T k-=A
Subscribed and sworn io before me by Raymond X. Auger, on this a ki, &Y of
199
witness my hand and a ficial sealL40tary Pubho
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UE JUM 12,02EM
(m*wr lot lino adjusunem with Cara Lee Lot 3)
A portion of Lot 1, Cora Lc a Subdivision located in that portion of the M'ming Claim Ella
Sherwood. M.S.5304 Amended located is the S V2 of the NE 114 of Section 7, Township 10
South, Range 84 Nest, 6th Pzincipal Meridian. County of Piti in, State of Colorado being
more paracutaAy de=bed as follows:
.Regfnning at the most northeasterly corner of the WMI whu=the Cfi 11 16 Carnet.Section
7, TowrmhO 10 South, Range 84 W'as4 6th Principal Merl%n,a Buroau of Latin
Maaagemem monument wiM brass cap, 1954 bears S 49" 01' 51" E, 716.96 Beet;
1. These N 46" 17' 18' E,489-79 ft=
2. Theme S 45* 38' 54" E, 23.83 feet;
3. Thence S 46" 17' 19" E, 155.03 feet;
4. Thence S 450 49' 10"W, 495.96 Beet;
S. Thence N 44° 13' 06 W, 183.04&a to.tht PoOt of ECOM;tgg.,
The Auger Property as descn-bed above contains 1.046 ears mode'or I=.
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MEMORANDUM
TO: Tamara Pregl,Pitldn County Planner
THRU: Julie Ann Woods, Aspen Community Development Director
John Worcester, City Attorney
FROM: Mitch Haas, Planner, City of Aspen
Phil Overeynder,Director of the City of Aspen Water Department
DATE: February 23, 1999
RE: Auger 1041 Hazard Review and Lot Line Adjustment
Thank you for the opportunity to review and comment nn the subject application. The
.parent parcel affected by the proposed lot line adjustment is part of a Water Service
Agreement(hereinafter, "WSA") entered into between Raymond Auger and the City of
Aspen on December 15, 1997 (adopted by City Council via Ordinance Number 41, Series
of 1997). The WSA provides for water service to the existing residence, provides for
the eventual annexation of the entire fathering parcel (including the subject of the current
application), and prohibits the development of any new well serving the property. City
planning staff has reviewed the Auger 1041 Review and Lot Line Adjustment application
and offers the following comments:
BACKGROUND:
Pursuant to the terms of Section "26, Annexation" of the WSA, the City could, "at its
sole discretion" initiate and complete the annexation of the subject property. However,
City staff has decided not to pursue annexation at this time provided the following
comments are memorialized as conditions of any approvals granted in the County and/or
as plat notes recorded on'the Lot Line Adjustment plat.
Under sub-section "c." of the "Purpose of Agreement" (page 4 of the WSA), it is stated
that"No new'individual wells will be permitted within the Subject Property, whether such
wells are to be used for irrigation purpose only, or for all uses, although replacement of
existing wells is permitted for-those who have elected to receive water service from the
private water system for indoor uses only." - This exact language is relterated on page 9
of the WSA (under the "Abandonment of Wells" sub-section). The term "Subject
Property" is explained in the WSA to include the properties owned by the Phillips, the
Augers, and the Timroths, and therefore, includes the property which is the subject of the
pending 1041 Hazard Review and Lot Line Adjustment applicatibn. However, the
agreement to serve these properties with City water applied only to the existing
residences, and was subsequently amended(via Ordinance Number 27, Series of 1998) to
include one additional residence on the Porath Fancily Trust's parcel. The proposed
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residence on adjusted Lot 3 of the Cora L e Subdivision was and is not included under
the terms of the existing WSA.
The submitted application materials expl ' that, "in the event that the applicant is
unable to successfully amend the existing agreement with the City of Aspen for water
service ... acquiring a well permit and drill g a well should be feasible." It is the City's
firm position that drilling a well is prohibite under the terms and conditions set forth and
agreed to in the aforementioned WSA, w 'ch was signed by Raymond N. Auger and-
others.
Therefore, the only possible way o obtaining water service for the subject lot is
through an amendment to the WSA, and th WSA clearly declares that amendments must
be applied for and are in no way.pgu ed approval (see sub-sections "12. Treated
Water Service," on page 9 and "17. Limita 'ons on Provision of Water Service," on page .
11. of the WSA).
COMMEN'D'S
1. Since it is the City's position that w wells are prohibited and the proposed
residence would require connection t9 the.private water system, which, in turn,
requires an amendment to the WSA and such an application is in no way guaranteed
approval, the City strongly recommencis and respectfully requests that the County
make any approvals granted to the A ger Lot Line Adjustment and 1041 Hazard
Review application fully contingent up n approval of the necessary amendments to
the WSA (i.e., a condition stating that a approvals granted under the terms of the
subject Ordinance/Resolution shall be of no effect --- and therefore no building
permits can. be applied for --- unless an until such time as the WSA is successfully
amended to allow for water service to L it 3 of the Cora Lee Subdivision).
City staff believes this recommendation o be necessary due to the "Catch-22" created
by the terms of the WSA. That is, if e County were to grant an approval and the
WSA amendment were.to be denied, they approved, new residence would be left with
ing water, Tht4s, it is incumbent upon the County to ensure.
no possible way of obtain
that the-WSA has been successfully ame ded rior to acceptance of a building permit
application for 'a new residence.
2. The "Annexation"provisions of the c. nt WSA will be carried over to and included
in any amended version of the WSA. If approved, the "Subject Property" of the
amended WSA will include te;e�w re idencc proposed on Lot 3 of the Cora Lee
Subdivision. As a side, City oes ot,anticipate annexation taking place within
the foreseeable future (i.e.,the next three to four years).
3. The most recent amendment to the W A (Ordinance Number 27, Series of 1996)
required that, prior to development, th Porath property complete annexation and
rezoning to the City's,R-30, Low-Densi Residential, zone district. From this, staff
assumes that if and when the entire "Su ject Property" of the WSA annexes into the
City, it will likely be rezoned to R-30. lease be advised that in approving the most
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recent amendment to the WSA, it was City Council's clear intention to ensure that
any new construction that is to take place after September 9, 1998 complies with City
ordinances regulating allowable floor area and residential design. The objective was
to minimize the visual impact and mass of structures in the City's backdrop area,
especially si ce this area will eventually be annexed into the City. Any development
that does not comply with the City's standards will jeopardize the WSA and the
future extension of a water service line.
Consequently, City staff is recommending inclusion of the following conditions of
approval (Camilla Auger has already consented to inclusion of these conditions,
should approval be granted by the County):
a. In accordance with the provisions of the City's R-30 zone district, the allowable
floor area on Lot 3 shall be limited to 6,400 square feet above-grade, as measured
by the City of Aspen Zoning officer using the same inclusions and exclusions as
provided fot in the City of Aspen. Land Use Code definition of "Floor Area,"
Section 26.04.100, Definitions, as amended. All other aspects of the County's
AFR-10 Zone District shall apply and shall be administered by the Pitkin County
Zoning Officer. This condition shall be included as a plat note on the recorded
Lot Line Adjustment Plat,
b. The applicant/owner shall not use reflective materials on the exterior of the
structure, including the roof.
c. Any disturbances to the natural terrain and areas of cut and fill shall be
revegetated after construction with native species, If any areas are too steep for
adequate revegetatioa and retaining walls or like structures are found to be
necessary, such structure(s) shall be of similar color to the surrounding, natural
vegetation in order to visually blend into the mountainside.
d- The existing vegetation outside the designated building envelope shall be
preserved and maintained in its natural state.
e. Outdoor/exterior lighting shall be limited to low bollards along the
walkways/driveway, and porch/entry lights. Any and all outdoor/exterior lighting
shall employ down-directional, sharp cut-off fixtures to screen the lighting source,
and in no case will flood lights be installed.
f. Amer completing the 1041 Hazard Review and Lot Line Adjustment approval
processes, the applicant shall make a good faith effort to apply for and gain
County approval to construct a Caretaker Dwelling Unit (CDU), pursuant to
County Land Use Code Section 3-150-130(B), on the site, Development of a
CDU on the lot shall be exempt from the Floor Area calculations described above
in comment 3(a). (If the City were -to have initiated annexation prior to
development,the owner would have had to pay cash-in-lieu or build an Accessory
Dwelling Unit in order to gain a GMQS Exemption for the new residence.)
g. If the secondary electrical line serving the Phillips property is to pass through Lot
3, it should be placed in an easement.
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4. City staff supports the granting of Vested Property Rights on the terms of the
aforementioned conditions.
5. In reviewing the application to amend the Water Service Agreement (WSA),
Community Development Department and Water Department staff hereby agree to
limit its review and recommendations to water service related.issues only, except as
described in comment number 2, above, Staff's recommendations with regard to
Amendment of the WSA will suggest no further regulation of land use issues and
building rights than already addressed by the agreed upon conditions explained in the
foregoing, unless otherwise directed by City Council. City Council will maintain
authority to use its discretion in broadening the scope of the review, should they
choose to do so.
6. The following comment is a recommendation of City planning staff, but has not been
agreed to by the Augers. In accordance with the spirit of the City's Residential
Design Standards and with City Council's desire to minimize the visual impact and
mass of structures in the City's backdrop area, City staff requests that the County staff
recommend a condition of approval whereby there shall be no facade penetrations
(windows), on the town-facing elevations, higher than eleven(11) feet above the level
of the dining/living room's finished floor; no facade penetrations (windows), on the
town-facing elevations, between nine (9) and twelve (12) feet above the level of any
other.(exclusive of the 'dining/living room) finished floor; and, no circular, semi-
circular or non-orthogonal fenestration, on the town-facing elevations, between nine
(9) and fifteen (15) feet above the level of any finished floor (inclusive of the
dining/living room).
CONCLUSION:
.Although the Augers disagree with the interpretations of the WSA as explained in the
"Background" section of this memorandum, please note that the foregoing "Comments"
were reviewed by Camilla Auger and Alan Richman, her representative, and they agree to
the recommendations provided in comments 1-5, above, becoming conditions of
approval. Therefore, City Platuming staff respectfully requests that you include the
substantive portions of Comments 1-5, and-that you also consider including Comment 6,
as recommended conditions of any approval'granted to the Auger 1041 Hazard Review
and Lot Line Adjustment application. If I can be of further assistance in any way, please
do not hesitate to contact me at 920-5095.
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JUN.30.2000 2:29PM CITY OF ASPEN
NO.e59 P. 13
Raymond N. Auger
709 N. Spruce Street
Aspen, Colorado 81611
Mr. Phil Overeynder
Water Director
The City of Aspen Water Department
130 South Galena Street March 15, 1999
Aspen, Colorado 81611
Dear Phil:
, As per your request, this letter confirms -our application
for an Amendment to the Water service Agreement of December
15, 1997 to include one additional single family residence
on Lot #3 of the Cora Lee Subdivision. Attached is the legal
description for Lot #31 the Resolution from the Board of
County Commissioners stating that Lot #3 is a separate,
developable lot with a building right, and the 1041 app roval
for the house.
The City of Aspen Planning Department has requested a
number of restrictions and requirements on behalf of all City woud have
Departments , in addition to those whic� maWeYhavelworked
been included in the County.'s 1041 app oval
with Mitch Haas on these items in detail and have zagreed toaas '
accept all .of these requirements (a-g) lS s
letter of February 22 , attached, on the uriderstanding and
condition, noted in the letter, that there will be no further
land use or other requirements related to the matters covered
in Mitch' s letter and further provided that it is understood
and agreed that we will undertake on a best efforts basis the
application to the County for inclusion of a Caretaker Dwelling
Unit iri the house. We would very much like to include a CDU,
but as you know, we can only do so with special aproval by the
Board of County Commissions .
'We and the Water Department have agreed to disagree with
respect to the legal arguments included in Mitch' s letterttsin
we have been advised by our counsel, Charles Brandt, Esq.
Lot #3 is not currently covered by the Water Agreement and we
have the right to drill a well, if for some reason the Amendmen
to the Water Agreement requested herein were not to eapall
Since we and Mitch Haas, on behalf of the City, agree on
the substantive considerations of interest to the City, our
disagreement on the
andlegal
havecontext
onlydoes
addressed appear
here at your
issue of any conseque nce
request.
• I I III !III 0
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13 of 8 31/20
14 R79,00 0 0.00 N 0.00 PITKIN COUNTY CO
JUN.30.2000 2:30PM CITY OF ASPEN N0.859 P. 14
Mr. Phil Overeynder
March 15, 1999
page 2
Finally, a correct, current legal description for Lot #1
of the Cora Lee Subdivision, refecting the minor Lot Line
Adjustment which accompanied our 1041 Application, is also
attached. Lot #1 and our existing house was included in and
is covered by the original Water Service Agreement.
Yours truly,
ar2nd4 N. Au r
cc: Cindy Covell, Esq.
Charles Brandt, Esq.
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8 6I !2000 02.40P ORDINA C RVI6 & VI
14 of 14 R 70.80 0 0.00 N 0.00 PITKIN COUNTY CO
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424136 11/04/1998 11:33A RESOLUT% DAVIS S%LV%
1 0' 4 R 0.00 D 0,00 N 0,00 PITKIN COUNTY CO
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL OF LOT 3, CORA LEE
SUBDIVISION AS A SEPARATE DEVELOPABLE LOT
RESOLUTION No. 98 -,fa:?,
RECITALS
1. Raymond Auger ("Auger") is the owner of unimproved Lot 3, Cora Lee Subdivision, an
unrecorded subdivision consisting of five (5) lots, all of which, except Lot 3, have been
recognized as separate, developable lots, three of which have been developed with single
family dwellings and the forth lot is approved for a single family dwelling,
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2, On May 3, 1972, the Pitkin County Planning and Zoning Commission recommended final
plat approval of the five lot Cora Lee Subdivision subject to the fulfillment of certain
conditions, including obtaining corrected access and utility easements over adjacent lands to
the Subdivision and cormection to the City of Aspen water system and the Metropolitan.
Sanitation District's sanitary sewer line when the same became available. The condition of
approval as to access could not be timely satisfied and the subdivision of the property was
not completed.
3, Auger had previously conveyed 5,6 acres (consisting of the real property constitUting Lots
3, 4 and 5, as they were described on the unrecorded Cora Lee Subdivision plat approved by
the Pitkin County Planning and Zoning Commission) to H,E. Richey by deed dated August
30, 1971 and recorded in Book 257 at Page 590, Pitkin County reyords, subject to a
promissory note secured by a deed of trust from H, E.R1clIey to Auger encumbering Lots 3
and 5,
4, In early 1977 H, E, Richey had defaulted on his prornissory note to Auger and Auger and
Cecil Lewitz ("Lewitz") entered into a written agreement whereby Auger assigned to Lewitz
the delinquent promissory note and deed of trust from H,E, Richey in consideration of the
grant of an option by Lewitz to Auger to acquire Lot 3.
5. On September 29, 1977, a Sheriffs Deed was issued to Cecil Lewitz conveying 4,2 acres of
the 5,6 acres parcel. The 4,2 acre parcel consisted of Lots 3 and 5 as described on the
unrecorded Cora Lee Subdivision Plat. The Sheriffs Deed is recorded in Book 335 at page
746, PitKin County records,
6. Under the terms of the Agreement entered into in 1977 between Auger and Lewitz, in
addition to the grant of option, Auger was permitted the right "to occupy and exclusively
use said Parcel A (Lot 3) for any lawful purpose" including the right "...to erect-and
maintain on said parcel A (Lot 3) outbuildings, greenhouses, tennis courts and the like..."
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7, In reliance upon the Lewitz option agreement and the right to occupy Lot 3, Auger
expended substantial sums in order to eventually develop Lot 3, including the construction
of an access road across Lot 3, the installation of City of Aspen water lines, Aspen
IIIIIIIIIW' "'11I1111 1I111l111 11111 1111111 11I11111 1111 Ir"
424136 11i~4/199S11:33A RESOLUTI DAVIS SILVI
2 of 4 R 0,00 D 0,00 N 0.00. PITKIN COUNTY CO
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Consolidated Sanitation District sewer lines and upgraded Holy Cross electric lines across
Lot 3, In addition, Auger obtained corrected access to the Subdivision thereby fulfilling all
of the conditions of the 1972 Planning and Zoning Commission approval of the Cora Lee
Subdivision,
8,
Auger, in order to exercise his option to acquire Lot 3 :from Lewitz and seek clarification
that Lot 3 is a developable lot, obtained approval of the Auger/Lewitz Lot Line Adjustment
Plat platting Lot 3 (substantially as the lot was described in 1972 when approved by the
Pitkin County Planning Commission) as part of Lot 1 as the same is shown and described on
the Lot Line Adjustment Plat recorded in Book 44 and page 35, FoIJowing the approval of
the Lot Line Adjustment Plat, Lewitz conveyed Lot 3 to Auger by Deed recorded January
16, 1998, as Reception No, 412633.
,~
NOW, THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby determines that.Lot 3, Cora Lee Subdivision, as the same is
described on Attachment "A" to this Resolution and as shown and depicted on Attachment ''B''
to this Resolution, as a non-conforming lot of record, is deemed to be and is hereby recognized
as a separate lot and no longer merged with Lot 1 (as the same is shown on the Auger/Lewitz Lot
Line Adjustment Plat recorded in Plat Book 44 at Page 35) and, as a separate lot, is hereby
approved for development by virtue of the grant of option combined with the right to occupy said
property, subject only to the foIJowing condition: Auger shall obtain 1041 Hazard and General
Submission approval,
APPROVED AND ADOPTED ON THE 28TH DAY OF OCTOBER, 1998.
Vssre))I2/6'117S /!/tTrice f/JI3L;S'H-<eJ:> liJ 71ft!.. ,,'mes CJAI #"V) /~ J f?;?:9--
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'l..AI,Jee ,L, ~wW
eputy Clerk ana Recorder
BOARD OF COUNTY COMMISSIOERS
OF PITKIN COUNTY, COLORADO
dAJ~~~~~
Dorothea Farris, ,
Date: I /-,g~
,
APPROVED AS TO CONTENT:
ATTEST:
APPROVED AS TO FORM:
--...::--.~---=----
. ~~_.~
John E~'-
County Attorney
~ /J,2.'le
Cindy Houben,
Community Development Director
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___ __ __ v';~~A ~ar1er Associates, Inc.
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97 243 3810
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ATIACHMENT "A"
DESCRIPTION OF LOT 3. CORA LEE SUBDIVISION
Lot 3, Cora Lee Subdivision situated in that portion ofthe Mining Claims Cora Lee, M.S. 5304
Amended and Ella Sherwood, M.S, 5304 Amended located in the S 1/2 ofthe NE 1/4 of
Section 7, ToWnship 10 South, Range 84 West, 6th Principal Meridian, County of Pitkin, State
of Colorado, being more particularly described as follows:
Beginning at the most westerly comer ofsliid Lot 3 whence the C-E 1/16 comer of said
Section 7, bears S 57" 27' 31" E;540.30 feet; .
1. Thence N 450 44' 08" E, 63,60 feet;
2. Thence S 440 13' 06" E, 105,00 feet;
3. Thence N 450 44' 08" E, 179.65 feet;
4, Thence S 440 ]3' 06" E, 99,61 feet;
(\ 5. Thence N 450 47' 10" E, 324,19 feet;
6, Thence S 460 32'19"~, 197.49 feet;
7. Thence S 450 45' 13" W, 575.43 feet;
8. Thence N 440 13' 06" W, 402.05 feet to the Point ofBegiMing.
Lot 3 as described above contains 3.300 acres more or less.
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