HomeMy WebLinkAboutLand Use Case.CR.7th St.A037-00R
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CASE NUMBER
PARCEL In #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A037-00R
2735-123-17001
Sandunes LP County Referral
Adams Subdivision Lot 3
Nick Lelack
County Referral
Susan Horsey
Joseph Krabacher & Jennifer Causing
3/23/00
Comments Returned
1/3/01
J. Lindt
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MEMORANDUM
TO:
Tamara Pregl, Pitkin County Planner
THRU:
Julie Ann Woods, Community Development Director .
Joyce Ohlson, Community Development Deputy DirectoKjA;O
Nick Lelack, City of Aspen Planner ~\1!/
FROM:
RE:
Referral Comments on San dunes LP Lot Split/Adams Subdivision Lot
Line Adjustment and Minor Plat Amendment
OATE:
March 23, 2000
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The City Planning Office reviewed the Sandunes LP Lot Split/Adams Subdivision Lot
Line Adjustment and Minor Plat Amendment application. The site is located in
unincorporated Pitkin County immediately adjacent to the City of Aspen boundary.
City Planning Staff does not have any concerns with the proposal and recommends
approval of the application.
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442!5!58 04/21/2000 0. ...l4P ADI1IN DE DAVIS SILVI
1 0' 1 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, GRANTING APPROVAL to strsXN ItORSEYA.'ID J)A'VID
AND AMY MARTINEAU FOR A SUBDMSION EXEMPTION FOR A LOT LINE ADJUSTMENT
A."ID A MINOR PLAT AMENDM:ENT
Administrative Decision No. -LL - 2000
RECITALS
1. Susan Horsey and Daniel and Amy Martineau ("Applicant") have applied to the Community
Development Director of Pitkin County, Colorado, ("Director") for a subdivision exemption for a lot line
adjustment and a minor plat amendment to convey approximately 4,380 square feet of Lot 2, Sandunes L.P.
Lot Split to Lot 3, Adams Subdivision for the purpose of granting ownership rights of a driveway easement.
2. The properties are referred to as Lot 2, Sandunes L.P. Lot Split and Lot 3, Adams Subdivision.
3. Lot 3, Adams Subdivision contains approximately 29,557 square feet and Lot 2, Sandunes Lot Split
Subdivision contains approximately 32,756 square feet, prior to the lot line adjustment.
3. The lot sizes, as a result of the lot line adjustment and minor plat amendment, will be as follows:
. Lot 2, Sandunes L.P. Lot Split will be approximately 28,376 square feet; and
. Lot 3, Adams Subdivision will be approximately 33,937 square feet.
5. The Director finds the request is consistent with the requirements of Section 3-190-080, Subdivision
Exemption for a Minor Plat Amendment and Section 3-190-030, Subdivision Exemption for a Lot Line
Adjustment, of the Land Use Code.
NOW, THEREFORE, BE IT DETERi\1INED by the Pitkin County Community Development
Director that approval is hereby granted to the Adams SubdivisionlSandunes L.P. Lot Split Subdivision
Exemption for a Lot Line Adjustment and Minor Plat Amendment, subject to the following conditions which
shall run with the land and be binding on all successors in interest:
I. Prior to submittal of any building permit applications for Lot 3, Adams Subdivision or Lot 2,
Sandunes Lot Split, the property owners shall record a 24 x 36 inch mylar Plat delineating the land
conveyance. The Plat shall also be submitted in a digital format for integration into the County Geographic
Information System (GIS) and meet the standards of Code Section 5-60-040.
2. The allowable floor area on Lot 3, Adams Subdivision shall be determined based on the lot area
minus the area being added via the lot line adjustment.
APPROVED ON THEM OF APRIL, 2000
A~' (J)Jui &v c r!-
Cindy Houben,
Community Development Director
Case # P161-99
. 273512317002/15003
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MEMORANDUM
TO:
Cindy Houben, Community Development Director
Tamara Pregl, Planner ~~
FROM:
RE:
Adams SubdivisionlSandunes LP Lot Split Subdivision Exemption for a Lot Line
Adjustment and Minor Plat Amendment
DATE:
April 17, 2000
SUMMARy OF REQUEST: The Applicant's are requesting approval ofa subdivision exemptron for a
Lot Line Adjustment and a Minor Plat Amendment to convey approximately 4,380 square feet of Lot 2,
Sandunes Lot Split to Lot 3, Adams Subdivision. The purpose of the conveyance is to grant ownership
rights to Lot 3, Adams Subdivision over their driveway easement located on Lot 2, Sandunes Lot Split
Subdivision. Lot 2, Sandunes Lot Split has an additional driveway located on the northeast corner ofthe lot
which provides access to the existing home located on Lot 2.
APPLICANT(S): Susan Horsey and Dan and Amy Martineau
REPRESENTATIVE: Jennifer Causing; Krabacher Law Offices
ZONINGILOT SIZE: The zoning of both properties is R-15. Lot 3, Adams Subdivision contains
approximately 29,557 square feet and Lot 2, Sandunes Lot Split Subdivision contains approximately 32,756
square feet, prior to the lot line adjustment.
BACKGROUND: The Sandunes Lot Split approval was granted by the Board of County Commissioners
in 1993, pursuant to Resolution No. 93-169. The Final Plat is recorded in Book 38, Pages 64-66. The
Adams Subdivision was approved by the Board of County Commissioners in 1973. The Final Plat is
recorded in Book 4, page 385.
REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum,
and are attached for reference.
ANALYSIS OF PROPOSAL
LOT LINE ADJUSTMENT: The following is a summary review and analysis of the applicant's proposal
relative to the applicable policies and standards of Section 3-190-030 ofthe Land Use Code. A
subdivision exemption for a lot line adjustment may be permitted subject to compliance with the
following six criteria. .
1. The adjustment creates no more than the original number allots or parcels.
Response: There will be no change in the original number oflots or parcels.
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Sandunes L.P. Lot Split! Adams Subdivision
April 17, 2000
Page 2
2. The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any
increase in floor area ratio for a parcel which gains size, nor creation of a lot or parcel substantially
different in size for development or resale purposes. '
Response: No new lots or parcels will be created as a result of the lot line adjustment. The line
adjustment does not substantially changes the square footage for the lots for the purpose of development
or resale purposes. Lot 3, Adams Subdivision will increase by 4,380 square feet, however, the
conveyance of this square footage if for the purpose of an existing driveway which is currently used
solely for Lot 3, Adams Subdivision, The R-15 zoned districldoes have a floor area ratio: 0.16. The
allowable floor area would change as a result of the lot line adjustment, however, the purpose of the lot
line adjustment was not for increasing floor area. A condition of approval shall be that the allowable
floor area on Lot 3, Adams Subdivision will be determined based on the lot area minus the area begin
added via the lot line adjustment.
3. In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the
minimum requirements for area or width established by the provisions of the Code.
Response: The resulting lot sizes will conform to the minimum requirements for area or width of the R-
15 zone district.
4. In the case of substandard size lots or parcels, the resulting lots or parcels may increase in
nonconformity as to lot size so long as the other standards of this code continue to be met.
Response: Not applicable.
5. The applicants shall prepare a subdivision exemption lot line adjustment map in compliance with
the standards in Section 5-60-040.
Response: The Applicants intend to comply.
6. A lot line adjustment shall not be used to increase floor area ratio for a parcel that increases in
size due to the adjustment. The floor area ratio will be reduced on a parcel that decreases in size due to
the adjustment. Applications to add floor area ratio to the lot ,or a parcel are considered to be major plat
amendments and shall be reviewed pursuant to Section 3-190-090.
Response: The Applicants are aware that the allowable floor area on Lot 2, Sandunes Lot Split will be
reduced based 01'1 the reconfiguration of the size of the lot, arid that Lot 3, Adams Subdivision will not
gain any increase in allowable floor area as a result of the increased size of the lot.
MINOR PLAT AMENDMENT: Since the proposed land swap is between two BOCC approved
subdivisions, a minor plat amendment is required. A subdivision exemption for a minor plat amendment
may be permitted subject to compliance with the standards in Section 3-190-080 of the Land Use Code.
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Sandunes L.P. Lot Split/Adams Subdivision
April 17, 2000
Page 3
A. The amendment must not change the use of the proposed development between residential,
commercial, and tourist accommodation uses.
Response: The amendment will not change the use of the proposed development. The applicants are not
requesting a change in use.
B. The amendment must be consistent with action taken during the review of the original
development and does not constitute a new land development activity.
Response: The proposed amendment is consistent with action taken during the review of the original
development. The amendment is being made to two recorded plats which have been approved by the
County. This amendment does not constitute a new land development activity.
C. The proposed activity does not:
I. Change the basic character of the approved use of land on which the activity occurs
including basic visual appearance and method of operation;
2. Increase off-site impacts in the surrounding neighborhood;
3. Endanger the public health, safety or welfare;
4. Violate any Land Use Code Standard;
5. Substantially increase the needfor on-site parking or utilities, or affect affordable
housing generation; and
6. Increase the floor area of the use by more than two (2) percent or decrease the open
space on the site by more than three (3) percent.
Response: There is no change to the basic character of the approved use of land or increase of off-site
impacts. The proposed amendment does not have negative impacts to public health, safety or welfare,
nor does the request violate any Land Use Code standards. The amendment does not increase the need for
parking, utilities or affordable housing generation, nor does it increase floor area.
RECOMMENDATION: Staff recommends that the Community Development Director approve the
Adams SubdivisionlSandunes L.P. Lot Split Subdivision Exemption for a Lot Line Adjustment and Minor
Plat Amendment, subject to the following conditions in the attached Administrative Decision.
ATTACHMENTS:
A. Administrative Decision
B. City Planning Department
C. Zoning
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MEMORANDUM
TO:
Tamara Pregl, Pitkin County Planner
THRU:
Julie Ann Woods, Community Development Director .
Joyce OWson, Community Development Deputy DirectoKjA;O
Nick Lelack, City of Aspen Planner ~\1!/
FROM:
RE:
Referral Comments on Sandunes LP Lot Split/Adams Subdivision Lot
Line Adjustment and Minor Plat Amendment
DATE:
March 23, 2000
The City Planning Office reviewed the Sandunes LP Lot Split/Adams Subdivision Lot
Line Adjustment and Minor Plat Amendment application. The site is located in
unincorporated Pitkin County immediately adjacent to the City of Aspen boundary.
City Planning Staff does not have any concerns with the proposal and recommends
approval of the application.
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The City Clerk and the City Council of the City of Aspen, ~.
Colorado
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PETITION OF ANNEXATION
To:
PURSUANT to the Municipal Annexation Act of 1965 ("Act"),
Part 1, Article 12, Title 31, Colprado Revised Statutes, 1973, as
amended, the undersigned hereby petitions and requests the City
Council of the City of Aspen, Colorado, to approve and complete
the ann~xation to the City of Aspen of certain unincorporated
territory located in the County of Pitkin, State of Colorado,
more particularly described on "Exhibit A" attached hereto and
made a part hereof by reference.
IN SUPPORT OF THIS PETITION, the petitioner alleges as
follows:
1. It is desirable and necessary that the above described
area be annexed to the City of Aspen, Colorado.
2. No less than one-sixth (l/6th) of the perimeter of the
area proposed to be annexed is contiguous with the City
of Aspen, Colorado.
3. A community of interest exists between the area
proposed to be annexed and the City of Aspen, Colorado.
4. The area proposed to be annexed is urban, or will be
urbanized in the near future.
5. The area proposed to be annexed is integrated with or
is capable of being integrated with the City of Aspen,
Colorado.
6. In establishing the boundaries of the territory to be
annexed, no land held in identical ownership, whether
consisting of one tract or parcel of real estate or two
or more contiguous tracts or parcels of real estate,
has been divided into separate parts or parcels.
7. All requirements of the Municipal Annexation Act of
1965, Sections 31-12-104 and 31-122-105, exist or have
been met.
8. No annexation proceeding has been commenced for the
annexation to a municipality other than the City of
Aspen, Colorado, of all or part of the area described
above.
9. The annexation proposed in this petition will not
result in the detachment of area from any school
district and the attachment of the same area to another
school district.
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10. The petitioner herein is the sole landowner of the
entire territory included in the area to be annexed.
11. The parcel to be annexed was approved for a 50% Density
Reduction Lot Split in pitkin County by the Pitkin
County Board of. County Commissioners ("BOCC") on or
about November 24, 1992. The parcel subject to the 50%
Density Lot Split is located in both pitkin County and
the City of Aspen, approximately 84% and 16%,
respectively.
12. The BOCC's approval of the 50% Reduction Lot Split was
subject to conditions set forth in Resolution Number
92-418 and Resolution Number 93-169.
13. An extension of statutory Vested Rights application for
the 50% Density Reduction Lot Split approval was filed
and rejected by the BOCC, but the BOCC adopted a
resolution recognizing common law vested rights for the
50% Density Reduction Lot Split.
14. The City of Aspen does not recognize the 50% Density
Reduction Lot Split of the City portion of the parcel.
~ 15. The City of Aspen has requested that petitioner annex
the parcel into the City of Aspen and re-apply for lot
split approval pursuant to a Subdivision Exemption Lot
Split.
16. This Annexation Petition is contingent upon approval of
a Subdivision Exemption Lot Split.
17. Upon approval of the instant Annexation Petition, the
Applicant will be released from the conditions of
approval imposed by the BOCC with respect to .
Applicant's prior 50% Density Reduction Lot Split
approval specifically set forth in the Resolution No.
92-418 and Resolution No. 93-169.
~ 18. petitioner is exempt from the Growth Management
Requirements of a Subdivision Exemption Lot Split
pursuant to Section 26.470.070(i).
19. Pursuant to oral Agreement with John Worcester, City
Attorney, the Petitioner is exempt from land use
application fees associated with this Subdivision
Exemption Lot Split application.
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Petitioner, sole landowner of the property to be annexed,
has approved the annexation and having met all of the
requirements under the Municipal Annexation Act, requests that
the City of Aspen approve the annexation of the proposed area.
Dated:
PETITIONER:
o sey
815 West Main Str
Aspen, Colorado 8
3056\4annexation_petition.2
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EXHIBIT A
April 19, 2000 (2:40PM)
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SANDUNES L.P. LOT SPLIT AND ADAMS SUBDIVISION LOT 3
APPLICATION FOR A LOT LINE ADJUSTMENT
AND MINOJ~ I'LA T AMENDiVlENT
APPLICANTS
Susan H. Horsey
815 West Main Street
Aspen, Colorado 816]]
Owner of Sandunes L.P, Lot Split
Daniel Martineau
Amy N,S. Mmtineau
Susan H. Horsey
20] South 7'" Street
Aspen, Colorado 8] 611
Owners of Adams Subdi vision, Lot 3
REPRESENTATIVE
B. Joseph Krabacher, Esq,
JenniferM, Causing, Esq.
201 North Mill Street, Suite 201
Aspen, Colorado 8]6] I
PROPERTY:
Sandunes L.P. Lot Split
Adams Subdivision, Lot 3
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Exhibit 9:
Photographs of Property to be Conveyed
The children in the attached photographs represent the existing property line between
Adams Subdivision Lot 3 and Sandunes LP. Lot Split, Lot 2.
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Exhibit 10:
Legal Description of Adams Subdivision Lot 3
Lot 3, Adams Subdivision, together with the real property described in Quit Claim Deed
between Dorothy K. Shaw and Donald W Kopf and Carol Ann Koph recorded on July l3, ] 977
in Book 33] at Page 820, and excepting therefrom that p011ion conveyed to Dorothy K, Shaw in
Quit Claim Deed Recorded July 13, 1977 in Book 331 at Page 821.
County of Pitkin, State of Colorado
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Exhibit 11
Legal Description of Sandunes Lots 1 and 2
A tract of land situate in the SW 1/4 of Section 12, Township j 0 South, Range 85 West of the 6th
Principal Meridian being more particularly described as follows:
Beginning at the NW comer of Lot I, said corner also heing corner 14 of the Holden
Tract, from whence the U.S.FS, brass cap for Aspen Townsite Corner No.7 bears
NJ 4023'53 "W 162.89 feet; thence S83031 'OO"E 95.71 feet; thence S74030'00"E 155.47
feet; thence N] 5030'00"E 58,85 feet; thence S550 16'00" 212.22 feet to a point on the
easterly boundary line ocLot 2; thence along siad easterly boundary line S] 4050'49"W
121.84 feetto the NE corner of Lot 3, Adams Subdivision; thence N79020'00"W 366.85
feet along the north lines of Lots 3 and I of said Adams Subdivision (corner [3, ffolden
Tract); thence NI4035'00"W 172,00 feet to comer 14 of the Holden Tract, the Point of
Beginning, said parcel of and containing 1,513 acres, more or Jess,
County of Pitkin, State of Colorado.
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Exhibit 12
Vicinity Map
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Exhibit 13
Agreement of Payment of Pitkin County Development Application Fees
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MEMORANDUM
TO:
Tamara Pregl, Pitkin County Planner '\
Julie Ann Woods, Community Development Directo~ !(J,
John Worcester, City Attorney 'rIJ '
Christopher Bendon, Aspen City Planne~l
Sandunes Exteusion of Vested Rights
THRU:
FROM:
RE:
DATE:
April 8, 1999
The City of Aspen recommends Pitkin County not extend vested rights for the Sandunes parcel.
The Pitkin County Subdivision approval granted to the Sandunes Parcel described a new boundary
line wituin the City of Aspen. The City of Aspen did not approve this line and does notrecognize
and has not granted Pitkin County's autuority to subdivide land within the City's jurisdiction. In
other words, City staff cannot legally recognize this Subdivision in absence of City Council's
approval.
In addition, the land owner does not have an Extraterritorial Water Service Agreement with the City
of Aspen. Obtaining City water service outside of City limits does require a finding by the City
Council of compliance with the Aspen Area Community Plan and an agreement to annex into the
City. In this review for water service, the City Planning Department would recommend the parcel be
annexed into the City and developed in accordance with the City's land use code. This is primarily
due to the parcel's visual participation in the City's urban environment and its key location with
regards to the entrance to the original townsite.
After reviewing these above parameters with the applicant and his representatives, the applicant
indicated interest in annexing the entire parcel into the City of Aspen. This by no means represents
the land owner's actual intentions.
The process for the parcel to be included in the City with generally the same development rights
assumed by the county's approval requires an annexation petition be submitted and accepted,
designation of an appropriate zone district, and approval for a Lot Split. The extraterritorial water
service issue becomes moot upon inclusion of the property within the City's jurisdiction. Upon initial
review, the City's R-15 Zone District would most-likely be recommended by the City Planning
Department. All of these actions must be approved by City Council and the process would take
approximately 2-3 months.
In addition, the land use reviews required at the time of actual development would include the
following:
Growth Management Exemption: The Lot Split process requires the new lots to seek an
exemption from the GMQS competition. This exemption is satisfied by either deed restricting
the residence to affordable housing, building an accessory dwelling unit (ADU), or by paying a
cash-in-lieu fee, currently $28.60 per square foot of new FAR. Deed restricting the primary
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residence or paying the cash-in-lieu may be handled administratively. The ADU option is the
most common and requires a conditional use review.
Conditional Use for an ADU: This review requires a public hearing before the Planning and
Zoning Commission. The review criteria ensure the unit has sufficient living conditions,
parking, and is compatible with the immediate neighborhood. The unit may be attached or
detached from the primary residence and does not include an occupancy requirement unless
the applicant seeks a Floor Area incentive.
Stream Margin Review: This review establishes the appropriate setback from the river, a
building envelope and progressive height restriction, the appropriate level of cut/fill and
landscaping on the river side of the structure, and limits the amount of lighting towards the river.
This review requires a meeting with the Planning and Zoning Commission, which may be
combined with another land use action.
Residential Design Standards (Ordinance JO): This is an objective set of criteria which requires
certain building elements such as a front porch, provisions for a garage location, and specific
FAR penalties regarding window placement. This is a staff level review with appeals considered
by the Design Review Appeal Committee or by any other Board reviewing the property.
The information included in this summary is based on the current City of Aspen Land Use Code
and is subject to change.
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Tim: I would like to make arecbmmertdation that as looked at by
staff and by the new parking office that it is going to be put
together in the future how i': would affect reducing the bond
indebtedness if $150,000 cash loan payment was made and how that
would positively affect the projections on reducing the
indebtedness and create more open community parking lot and that
in the future there is some policy put together so that mitigation
can be made by taking lo~g term or either weekly or hourly, daily
passes at the garage.
SANDUNES LOT SPLIT
Kim made presentation as attached in record.
Richard: I would be in favor of asking for an easement because
that is the route from the Marolt property and the hospital area
to go downtown that we have music students and other people and
lots just like this for bicycle route the next block south of
there. So I think any more easements we have to play with and
design pedestrian corridors through there the better.
Kim: With the new Meadows road admitting at 7th that would be the
main intersection--7th and Main.
The existing structure will.be demolished. It is in the City yet
the replacement housing--developmentrights are in the County where
no Ord #1 requirement equivalent exists. The County does not have
a housing replacement requirement whereby an applicant. could
provide an accessory unit to mitigate that. But the County has
those 2 opportunities to provide ADU type facilities--one is called
caretaker,unit which {sup to 700sqft deed restricted to resident
occupied and there is no mandatory occupancy which sounds a whole
lot like the City ADU.
The other is an employee dwelling unit which is for 700sqft and has
some occupancy and price limitations on the unit. So that is
getting well beyond what the City is.
Sara: 700 is the minimum?
Kim: For the employee unit. Caretaker unit is up to ,700. The
logic in the larger unit is that if you are getting the benefit of
a larger unit for your employees is that if those require mandatory
occupancy which is something that we are intrigued with that
concept even with our smaller ADUs.
Tim: I like the thing that of it being restricted for 6 month
minimum lease.
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Kim: That is always a standard ot; AOUs.
a 6 month minimum lease.
rented
has to be
The access for proposed Lot #2 will be off of 7th St. Access for
proposed Lot # 1 is through an easement g.ranted by the Adams
Subdivision-the parcel to the south. So they will come in off a
separate driveway not to impact Lot #2.
Bruce: The work "annexation" keeps coming to mind. I just wonder
why parcels like this that are a part of town are not--why we are
even dealing with this City/county line intercepting the property-
-why it is not in the City.
Krabacher: When I had pre-application conference with' both the
city and County planners they said "You could go annexation but
that you may raise a bqnch of other issues and if you restrict your
development just in the Sounty we will process it on that basis
that there won't be any development in'the City." It seems to be
the easier proces to go through. .
Bruce: will you be on City services?
Krabacher: It is going to be City t;acilities.
Kim: They are already on City water and City sewer.
Bruce: It just makes more sense to me that they be annexed. I
understand that it may not be your job as representing the
applicant to do that but it seems to me a normal thing to do with
this.
Jasmine: I think you are right.
Sara: I went to City Council to appeal the Berger annexation as
we recommended and they tabled it because it is such political hot
potato now with the highway that they didn't want to arouse the
wrath of the neighbors. They tabled it for 6 months.
Jasmine: I have always been very uncomfortable with these
referrals from the County. Basically what we say I am sure they
listen to it very politely and it has absolutely no effect
whatsoever. And so why should we waste Our time with this? That
is a very cynical point of view but I have a lot better things to
do with my time than to try to come up with comments that have
absolutely no relationship with what is going to happen.
When you are only a referral agency and have nothing to do with it-
-the Ord #1 implications alone I think are sbmething that would be
very much a concern to us. I can't blame Joe for taking the route
that he is taking. Why should he deal with Ord #l if he doesn't
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to. On the other hand, whYSl:1ouidi1' the have to deal with Ord
We have nothing to say about this.
Tim: It is my opinion that this parcel should be annexed to the
City and that all City Ordinances should apply. If that is not
accepted then my concerns are that there should be adequate
mitigation for Ord #1 not being in place and that the FARs be kept
at whatever minimums they can kept at.
In terms of the sidewalk easement I think ", i"" something very
important and should be a major concern of the developer and they
should be required to put a sid~walk easement in there.
Richard: On the issue of FAR that I have some problems with a
7,OOOsqft house sitting on the bluff at th~ entrance to the City.
And I don't know how we can work with that.
Krabacher:, We calculated it with the. City FAR--Lot #1 would be
5,200sqft and Lot #2 Wouldbe5,500sqft. We took the slope out and
maybe that is what makes the difference.
The County FARs I got was for Lot #1 was 4,300sqft and Lot #2 it
was 5,200sqft.
Jasmine: I think Tim's summary was excellent and I would certainly
go along with that.
Everyone agreed.
Jasmine adjourned the meeting.
Time was 6:25pm.
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MEMORANDUM
TO:
Tamara Pregl, Pitkin County Planner
THRU:
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Julie Ann Woods, Interim Community Development Director' ,:{7i;J_
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FROM:
Christopher Bendon, Aspen City Planner' j
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RE:
Sundunes Extension of Vested Rights
DATE:
October 20, 1998
SUMMARY:
The City of Aspen recommends Pitkin County not Extend vested rights for the
Sundunes parcel.
This property is partially within the City's jurisdiction and is visibly a part of the City
urban environment. In fact, the parcel is literally on Main Street and will represent
the future 'entrance' to the original townsite with the re-alignment of State Highway
82. This key parcel should be developed in a manner consistent with the City's
development provisions and in a manner compatible with the entrance to Aspen.
The land owner does not have a Water Service Agreement with the City of Aspen or
an agreement to use water from the Si Johnson Ditch. Obtaining water service from
the City does require a finding by the City Counci! of compliance with the Aspen
Area Community Plan and a agreement to annex into the City. In this review for
water service, the City Planning Department would recommend the parcel be annexed
into the City and developed in accordance with the City's land use code. In this
scenario, the Subdivision would be reviewed by City Council and the applicant would
be required to gain growth management approval for additional residential units.
The parcel is partially within the City of Aspen and requires joint land use approval.
Extension of vested rights needs to be approved by the Aspen City Council as this
property is within their jurisdiction. The developer, though, must show a clear and
compelling reason necessitating the extension. For example, a valid technical or legal
consideration that prevented development. With regards to this specific case, the
developer has not demonstrated any progress in pursuing the project and has not
presented a compelling reason that prevented pursuing the project. Furthermore, the
developer has not identified the manner in which the community is better served by
an extension. In fact, the original review did not require Stream Margin Review or
compliance with the City's Residential Design Standards. Forthese reasons, the City
Planning Department would not recommend City Council extend the development
approvals for this parcel.
I
Furthermore, Subdivision Ordinances may only be extended to the extent there was
an original approval. The 1993 Subdivisiotl plat submitted with the extension
application does not represent any approval by the City of Aspen and may not
function as a legal Subdivision. Staff did not find a City Ordinance related to this
Subdivision. So, an extension may not provide development rights.
2
---
.' Phil Overeynder,OI:24 PM 2l/9/98, R.eferral COIIlments,:,Sundu~~~ E~
X-Sender: philo@Water
Date: Mon, 21 Sep 1998 13:24:40 -0600
To: tamarap@ci.aspen.co.us
From: Phil Overeynder <philo@ci.aspen.co.us>
Subject: Referral Comments--Sundunes Extension of Vested Rights
Cc: chrisb@ci.aspen.co.us, ross@ci.aspen.co.us, rebeccas@ci.aspen.co.us
Tamara,
Thank you for the opportunity to review the above application. The property
is located partially in Pitkin County and does not presentlv have a wateL
~ervice agreement with the City of Aspen. Water service can not be extended
outside the City without this agreement which must be approved through an
ordinance adopted by City Council.
As a matter of information for the applicant, extensions of water service
are only granted when the City Council finds that the development to be
served is in compliance with the City's water extension policy including a
finding that the development complies with the Aspen Area Community Plan. If
approved by Council, water service agreements require the landowners
agreement to annex to the City and payment of additional fees not applicable
to development in thge City or served under a pre-existing agreement. Fees
in addition to normal tap fees include the well development system charges
and an in-lieu of water rights dedication fee. ~ecent water service
agreements have required that properties that are proximate to the existing .
Ci boundaries com I with a licable develo ment standards in the City: in
this case Ordinance 30 and stream margin reviews would be required. e
allowable square footage under current City standards is often more
restrictive than that permitted under Pitkin County Ordinances and
compliance with the more restrictive standards may become a condition of
extension of water service.
It is not clear from the application whether water service is proposed from
Main Street or the South Seventh Street side of the property. If the Main St
side is selected it does not appear that there are the necessary easements
across adjoining parcels. It is also unclear whether the development planned
for the site would require a fire sprinkler system or whether the Fire
Marshall would require extension of a water main to include a fire hydrant
for fire suppression. If so either a larger service line or main extension
may be required to serve the newly created lot.
A site inspection of the lot also indicates that the land owner (both
parcels) is presently using the Si Johnson Ditch for landscape irrigation
and that an unauthorized pump has been placed in the ditch for this purpose.
A raw water license agreement (includmg payment of applicable fees) is
[Printed for Christopher Bendon <chrisb@ci.aspen.co.u.s>
II
~OV~""d~' .",. I'M 21/9/98, R,*",;\1~~a"d"";E><
required in order to retain this use of the Si Johnson Ditch. This ditch is
operated by the City of Aspen Parks Department. The Parks Department has
also requested }emoval of the ponds along the ditch located on these lots as
the ponds interfere with the proper maintenance of the ditch and impede the
City's responsibility to deliver specified volumes of water to downstream
water users in accordance with existing agreements.
Please feel free to contact me at x5111 if you have any questions regarding
the Water Department's comments on this proposal.
Phil Overeynder
Water Director
City of Aspen
jPrinted for Christopher Bendon <chrisb@ci.aspen.co.us>
21
MEMORANDUM
TO:
Tamara Pregl, Pitkin County Planner
THRU:
Julie Ann Woods, City of Aspen Community Development Director
FROM:
Christopher Bendon, Planner, City of Aspen
RE:
Sundunes Parcel
DATE:
March 25,1999
If this property were entirely in the City'sjurisdiction, the following land use reviews would be
required:
Growth Management Exemption: All existing lots of record are eligible for an exemption from
GMQS for the construction of a single-family or duplex residence. This exemption is satisfied by
either deed restricting the residence to affordable housing, building an accessory dwelling unit
(ADU), or by paying a cash-in-lieu fee, currently $28.60 per square foot of new FAR. The ADU
option is the most common and requires a conditional use review
Conditional Use/or an ADU: This review requires a public hearing before the Planning and
Zoning Commission. The review criteria ensure the unit has sufficient living conditions,
parking, and is compatible with the immediate neighborhood.
Stream Margin Review: This review establishes the appropriate setback from the river, a
building envelope and progressive height restriction, the appropriate level of cut/fill and
landscaping on the river side of the structure, and limits the amount oflighting towards the river.
Residential De$ign Standards (Ordinance 30): This is an objective set of criteria which requires
certain building elements such as a frontporch and specific FAR penalties depending upon
window placement. This is a staff level review with appeals by the Design Review Appeal
Committee or by any other Board reviewing the property.
Other Coucerns:
Subdivision: The subdivision exemption plat filed with the County Clerk and Recorder appears
to divide the portion of the property within the City's jurisdiction. However, there does not
appear to be an Ordinance from the City Council approving this property division and there are
no City signatures on the plat. In order for the City to recognize this property boundary, the
applicant should acquire Subdivision approval from the City Council and record a plat
referencing the approval.
Water Service: To obtain treated water from the City of Aspen, a review by the City Council
finding the proposed development in conformance with the Aspen Area Community Plan is
required. The provision of treated water includes an agreement from the applicant not to contest
annexation if the City chooses to annex the associated parcel( s). During this review with the
Council, the Planning Director would most-likely recommend the property be immediately
annexed into the City and developed with City development standards to ensure compatibility
with the surrounding parcels.
Annexation: If the property were annexed into the City today, the annexation process would also
include a recommended zoning for the parcel. Upon initial review, it appears the City's R-15
Zone District would be the most appropriate for this area.
TO:
FROM:
RE:
DATE:
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ASPEN/PITKIN
COMMUNITYDEVELOPMENTDEPA
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 921
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MEMORANDUM
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Aspen Engineer
County Engineer
County Attorney
Env Health
Aspen Water District
Aspen Sanitation District
Aspen Fire District
Tamara Pregl, Community Development Departr
Sundunes Extension of Vested Rights
Parcel ID #2735-123-17-001
August 3 I, 1998
Attached for your review and comments is an application submitted by Sundunes L.P. Tennessee
Partnership. The Board of County Commissioners will review this application.
Please return your comments to me no later than September 21,1998.
Thank you.
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Applicant:
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APPLICATION FOR EXTENSION OF VESTED RIGHTS
Representative:
Property:
Sandunes, L.P., a Tennessee limited partnership
201 North Mill Street, Suite 201
Aspen, CO 81611
B. Joseph Krabacher, Esq.
Krabacher Law Offices
a Professional Corporation
201 North Mill Street, Suite
Aspen, CO 81611
Sandunes, L.P. Lot Split,
pitkin County, Colorado
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TABLE OF CONTENTS
I. Description of Application
II. Background
III. Minimum Submission Contents
IV. Review Standards
V. Conclusion
LIST OF EXHIBITS
Exhibit 1
Pre-Application Conference Summary
Exhibit 2
Certificate of Ownership
Exhibit 3
Authorization to Represent
Exhibit 4
Vicini ty Map
Exhibit 5
Resolution of the Board of County
Commissioners of pitkin County, Colorado
Granting General Submission Approval to the
Sandunes 50% Density Reduction Lot Split and
1041 Hazard Review
Exhibit 6
Resolution of the Board of County
Commissioners of Pitkin County, Colorado
Granting Final Plat Approval to the Sandunes
Lot Split Subdivision
Exhibit 7
Names and Address of Adjacent Property Owners
Exhibit 8
Sandunes Lot Split Plat
Exhibit 9
Subdivision Improvements Agreement
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I. Description of Aoolication.
This is a land use application for extension of vested
rights for the Sandunes, L.P., Lot Split recorded in Plat Book
38, Page 4, pitkin County, Colorado (the "Property"). This
Application requests extension of vested rights for three years.
II. Background.
The Property received General Submission Approval and 1041
Minor Hazard Review approval on November 24, 1992, as reflected
in Resolution No. 92-418 recorded January 26, 1993 in Book 702 at
Page 7 of the records of pitkin County, Colorado (See Exhibit
5). The Property received Final Approval on September 23, 1993,
as reflected in Resolution No. 93-169 recorded November 5, 1993
in Book 729 at Page 748 of the records of pitkin County, Colorado
(See Exhibit 6). The vested rights associated with the Property
expire on or about August 24, 1998.
III. Minimum Submission Contents.
A copy of the Pre-Application Conference Summary Sheet is
enclosed as Exhibit 1.
A certificate of ownership of the Property is enclosed as
Exhibit 2.
The Applicant's name, address and telephone number are
Sandunes, L.P., a Tennessee limited partnership, its successors
and assigns, c/o B. Joseph Krabacher, Krabacher Law Offices, a
Professional Corporation, 201 North Mill, Suite 201, Aspen, CO
81611, Telephone (970) 925-6300. A letter authorizing B. Joseph
Krabacher to act as representative on behalf of the Applicant is
attached as Exhibit 3.
The Property has a street address of 815 West Main Street.
The legal description of the parcel is Sandunes, L.P., Lot Split
according to the Plat recorded in Plat Book 38, Page 4 of the
records of Pitkin County, Colorado.
A vicinity map of the Property is enclosed as Exhibit 4 to
this Application.
As shown on Sandunes Lot Split Plat, enclosed as Exhibit 8,
Archer W. Bishop, Jr. and Sandra K. Bishop (as Life Tenants under
Joint Purchase Agreement) and Remainderman John W. Baker, Jr. as
Trustee of the Kabt Irrevocable Trust (collectively the
"Bishops") provide access to the Property pursuant to the
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Easement Agreement dated May 5, 1992 entered into by and between
the Bishops and Applicant.
A list of the names and addresses of the adjacent property
owners are included as Exhibit 7, and pre-addressed and pre-
stamped envelopes to each adjacent property owner are submitted
with this Application.
The Applicant is submitting 16 Application copies and a
filing fee of $1,540.00.
IV. Review Standards.
The Applicant has been requested in the Pre-Application
Conference Summary to summarize 1041 concerns which were
initially reviewed and mitigation measures which were approved,
to summarize the provisions of the Subdivision Improvements
Agreement, and to address the criteria for extension of vesting
in Land Use Code Section 4-140.30. These areas are addressed
below:
A. SUMMARY OF 1041 CONCERNS WHICH WERE INITIALLY REVIEWED
AND MITIGATION MEASURES WHICH WERE APPROVED.
RESPONSE:
1. Riparian Habitat Areas.
a. 1041 Requirement Set Forth in Resolution of
Approval. Paragraph 20 of Resolution of Approval No. 92-418
requires as follows:
Covenants shall stipulate that removal of vegetation in
riparian or shore land areas shall be prohibited. A minimum
stream setback of 20 feet from the mean high water line shall
be identified on the Final Plat. No development disturbance
shall occur within the setback. The Final plat shall
identify the 100 year flood elevation, or document that
building envelopes are within an area which is 20 horizontal
or 5 vertical feet (whichever land area is greater) from the
existing high water line on the drainage channel.
b. Applicant's Mitigation Measures. Section 10.8
("Riparian Areas") of the Declaration of Protective and
Restrictive Covenants of Sandunes Lot Split recorded in Book 38
at Page 4, Pitkin County, Colorado (the "Protective Covenants")
expressly prohibits removal of vegetation in riparian or shore
land areas.
The Final Plat identifies the minimum stream
setback of 20 feet from the mean high water line and identifies
the 100 year flood elevation, or document that building envelopes
-4 -
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are within an area which is 20 horizontal
(whichever land area is greater) from the
line on the drainage channel.
or 5 vertical feet
existing high water
2. Engineering.
a. 1041 ReQuirement Set Forth in Resolution of
Approval. Paragraph 21 of Resolution of Approval No. 92-418
requires as follows:
Foundation and grading design (for homes and access drives)
shall be certified by a professional engineer who shall
review soils engineering studies at a site specific level to
insure proper foundation and driveway design. Covenants
shall reflect this condition. The soils engineer shall
establish a building envelope setback from the top of the
bank to assure that slope stability will remain intact and
that the slope will remain undisturbed during construction.
Said setback shall be a minimum of 10 feet. The applicant
shall place construction fencing at the setback line prior to
issuance of an excavation permit.
b. Applicant's Mitigation Measures. Section 10.19
("Foundation and Grading Design") of the Protective Covenants
provides as follows:
Foundation and grading design (for homes and access drives)
shall be certified by a professional engineer who shall
review soils engineering studies at a site specific level to
insure proper foundation and driveway design. The soils
engineers shall establish a building envelope setback from
the top of the bank of Castle Creek to assure that slope
stability will remain intact and that the slope will remain
undisturbed during construction. The setback shall be a
minimum of ten feet. The Owner shall place construction
fencing at the setback line prior to issuance of an
excavation permit.
3. Development Within Building Envelopes.
a. 1041 Requirement Set Forth in Resolution of
Aporoval. Paragraph 22 of Resolution of Approval No. 92-418
requires as follows:
All development, with the exception of driveways and utility
installation within existing driveway and utility easements,
shall occur within building envelopes designated on the Final
Plat. Covenants shall reflect this condition.
b. Applicant's Mitioation Measures. Section 10.20
("Building Envelopes") of the Protective Covenants provides as
follows:
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All development, with the exception of driveways and utility
installations within existing driveway and utility easements,
shall occur only within the building envelopes designated on
the Map.
4. Radon.
a. 1041 Requirement Set Forth in Resolution of
Approval. Paragraph 23 of Resolution of Approval No. 92-418
requires as follows: "The home shall be designed to preclude the
accumulation of radon gas. Covenants shall reflect this
condi t ion. "
b. Applicant's Mitigation Measures. Section 10.21
("Radon Gas") of the Protective Covenants provides as follows:
"All improvements on the Lots shall be designed to preclude the
accumulation of Radon Gas."
5. Final Plat.
a. 1041 Requirement Set Forth in Resolution of
Approval. Paragraph 24 of Resolution of Approval No. 92-418
requires as follows:
The applicant shall record a Final Plat, prior to submission
of any building permits. The Plat shall delineate all
utility, access and ditch easements. The following 1041
Hazard Review Warning and disclaimer shall be placed on the
Plat:
"The provisions of these regulations do not in any way assure
or imply that areas outside of designated hazards will be
free from hazards, or that approved mitigation measures will
guarantee the safety of the property. H
b. Applicant's Mitigation Measures. The Plat
delineates all utility, access and ditch easements and includes
the above disclaimer language.
5. Applicant's Representations.
a. 1041 Reguirement Set Forth in Resolution of
Approval. Paragraph 25 of Resolution of Approval No. 92-418
requires as follows:
All material representations made by the applicant in the
application and at public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
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b. Applicant's Mitigation Measures. Applicant has
adhered to all material representations made by the Applicant in
the application and at public meetings.
B. DISCUSS THE SUBDIVISION IMPROVEMENTS AGREEMENT AND HOW
ITS PROVISIONS PERTAIN TO THIS APPLICATION.
RESPONSE: Applicant entered into the Subdivision
Improvements Agreement with the County of Pitkin, Colorado on
November 27, 1995. Among other things, the Subdivision
Improvements Agreement set forth certain obligations of Applicant
in connection with the proposed construction of improvements on
the Property. These obligations are summarized as follows: 1 J
1. Water. Individual Lot owners at the time of bUilding~~M~
permit will each be responsible at the time of building permit
for the City of Aspen water tap fees and the extension of any
water service line(s) from Seventh Street to serve each of the ~AAAI.
respective Lots. VVI'"
2. Sewer. The individual Lot owners will each be
responsible at the time of building permit for the City of Aspen
sewer tap fees and extending the sewer service line from Seventh
Street to serve each of the respective Lots.
3. Sidewalk. Curb and Gutter. Applicant entered into a
Curb, Gutter and Sidewalk Agreement with the City of Aspen
recorded in Book 761 at Page 11, Pitkin County, Colorado. In
accordance with the terms of the Curb, Gutter and Sidewalk
Agreement, Applicant and its successors and assigns agreed to
construct a sidewalk, curb and gutter along South Seventh Street
and Main Street abutting the Property meeting the specifications
and standards of the City of Aspen Engineering Department and in
accordance with the Street Improvement Plan and Detail Sheet
recorded as part of the Plat. When sidewalks are installed, the
guidelines of the Pedestrian Walkway and Bikeway Plan shall be
followed. The cost and expense for compliance with this Paragraph
3.c shall be born by the then Owner or Owners of the Lots, with
each Owner paying 50% of the actual cost or expense thereof.
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4. Improvement Districts. Applicant and its successors
and assigns agreed to join any special improvement districts and
any road or sidewalk improvement districts in the event such
districts are proposed to be formed for any area that includes
the Property.
5. Landscaping. Applicant agreed that all areas
disturbed by construction or demolition shall be revegetated
within one growing season by the then owner of the lot upon which
the construction or demolition occurred. Applicant further
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agreed that all mature vegetation along the irrigation ditch
would be preserved on site.
6. Financial Assurances. The Applicant and its
successor's and assign's performance of the above obligations are
secured pursuant a letter of credit issued by Norwest Bank to the
County of pitkin(the "Letter of Credit"). The Letter of Credit
is equal in value to the estimated costs of the improvements as
set forth in the Subdivision Improvements Agreement. Applicant
is obligated to maintain such Letter of Credit in full force and
effect and to renew the Letter of Credit on an annual basis for
three years after the date of the recording of the Plat or until
Owner's fulfillment of the obligations set forth in the
Subdivision Improvement Agreement. The Letter of Credit is
currently in full force and effect.
7. Incorporation of Covenants. The Subdivision
Improvements Agreement expressly incorporates the matters set
forth in the Declaration of Protective and Restrictive Covenants
for the Sandunes Lot Split recorded in the records of Pitkin
County, Colorado as Reception No. 374072 in Book 761 at Page.
C. APPLICANT'S COMPLIANCE WITH ANY CONDITIONS REQUIRING
PERFORMANCE PRIOR TO THE DATE OF APPLICATION FOR EXTENSION OF
VESTED RIGHTS.
RESPONSE: The Applicant has complied with all conditions of ~
approval. Since no improvements have been constructed on the
Property, the mitigation conditions of the 1041 approval and the
Subdivision Improvements Agreement have not been triggered, as
building permits ,have not been applied for by the Applicant.
D. THE PROGRESS MADE IN PURSUING THE PROJECT TO DATE,
INCLUDING THE EFFORT TO OBTAIN ANY OTHER PERMITS, SUCH AS
BUILDING PERMITS, AND THE EXPENDITURES MADE BY THE APPLICANT IN
PURSUING THE PROJECT.
RESPONSE: Applicant has closely followed the developments
regarding the use of Main Street for a dedicated busway or for
light rail, including the EIS study, the City of Aspen appointed
citizens' committee debate regarding the rail alignment (center
or south of street), and was unable to complete the curb, gutter~
and sidewalk improvements until a final decision was reached.
The recently released Entrance to Aspen decision by the
State Department of Highways has shown that the intersection at
Seventh and Main (where the Sandunes' Lot Split curb, gutter and
sidewalk improvements are to be installed by the Applicant) will
be redeveloped to accommodate light rail, and many of the
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improvements the Applicant was required to make will now need to
be redesigned. In addition, recommendations were made for the
installation of sound barrier berms in the vicinity of Seventh
and Main Streets, which will also impact the redesign of the curb
and sidewalk. Therefore, while Applicant has not preceded with
the development, Applicant has carefully followed the entrance
and light rail issues which greatly impact the design of the
sidewalk improvements.
E. THE NATURE AND EXTENT OF ANY BENEFITS ALREADY RECEIVED BY
THE COUNTY AS A RESULT OF PROJECT APPROVAL, SUCH AS IMPACT FEES
OR LAND DEDICATIONS.
RESPONSE: The lot split has sterilized the remainder of the
Property from development and therefore Pitkin County has
reQl1~eQ a Qenet1t 1n th~ f9rm of reduced ~ensity and
development.
F. THE NEEDS OF THE COUNTY AND THE APPLICANT THAT WOULD BE
SERVED BY APPROVAL OF THE EXTENSION REQUEST.
RESPONSE: The needs of the Applicant would be served by
extending the vested rights because the Applicant will be able to
develop the Project as originally proposed and yet re-design the
sidewalk improvements to match the decision on the new Entrance
to Aspen. The needs of Pitkin County, Colorado will be served by
$ranting this Application because the Applicant will redesign the
sidewalk improvements to match the needs and design proposed in
the Entrance to Aspen decision, including the potential redesign
of public berms to reduce noise and the accommodation of light
rail on the south alignment on Main Street.
V. Conclusion.
The Applicant requests extension of its vested rights for
three years for the Property.
By:
~
B. Joseph Krabacher, Esq.
Representative of Owner
201 North Mill, Suite 201
Aspen, Colorado 81611
(970) 925-6300
.
bishop\2vesting.app3
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Exhibit 1
Pre-Application Conference Summary
,
JU.H 5-1998 14: 30 FROM RSPEN/P ITK I N COM DEl)
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PITKIN COUNTt
PRE-APPLICATION CONFERENCE SlTMMARY
PLtI.NNER: Gabe Preston DATE: 6/11/98
PROJECT: Sandulles Extension of Vested Rights
LOCATION: SandunesLot Split, 815 W. Main 51.
REPRESENTAT1VE: Joe Krabachel'
OWNER: Sandunes L. P. Tennessee Partnership
Phone: 925-6300
Fa.x: 925"1181
Type at AppJ:caHom fxtensi6n 6fVMred R.iaht~
Destription ofProjectJDevelapment: Applicant requests and Extension of Vested Rights for the Sandunes 50% Density
Reduction Lot Spliu:pproved pursuant to BOCC Resolutions 92-418 and 93-169.
Land Use Code Section
4-140.30: E:>aension of Vested Rights
4-50: One step review procedure
5-50: Submission Requirements
Al'~llS ili whieh l(lplieJlllt hllJ OOl!D requt~ted to respond in their lettn Qf nquest: Review the ker issues embedded
ill the original review of the 50% Density Reduction Lot Split. Please provide a summary ofthe 1041 and concern.!
issues (e.g. floodplain, riperian habitat, slopes) which were initially reviewed and mitigation measures which were
approved. Discuss the subdivi.ion improvements agreement and how its provisions pertain to this application. Also,
please address the criteria for Extension of Vested Prop~rty Right.;; as contained in Section 4-140.30.
Review b~': BOCC
Public Hearing? Yes: A public notice sign, shall be posted on the property at least ]5 days prior to the hearing.
Referral Agencies: The plllllJling staffwill refer your application to:
AAj5~1\ C{}mmul\ity Development
Aspen Engineer
County Attorney
County Engineer
Environmental Health
Aspen Water District
Aspen Sanitation District
Aspen Fire District
.:Sore: These Referrals may change depending on the nature of the case.
Fees:
Planning Deposit:
Environmental Health
Engineer
County Clerk
TOTAL DEPOSIT:
$]]]0
$ 160
$160
SilO
81540 (additional hours ar~ billed at a ralc of$18tl/hour)
To Apply, Submit 16 cOJlies oftbe following (unless otherwi~e noted):
. Letter of Request addressing the topits and Land Use Code sections cited above.
JUN-15-1998 14:30 FROM ASPEN/PITKIN COM DEl)
TO
99251181 P. 03
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,
· Copies of fully executed subdivision improvements agreement.
. Copies of approved Fmal Plat.
. Copies of original approvals.
. Proof of ownership.
. Consent from owner(s) to process application and authorizing the representative (! copy).
· Signed fee agreement (2 copies).
. Total deposlt for revIew otthe application.
· List of all adjacent property owners, and an addressed envelope for each owner, with the return address of the
Community Development Department (1 C()pies of list, one envelope per owner).
. I Copy of this preapp fonn.
This application conference summary is advisory in nature and not binding on the County. The information provided in
this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant.
Additional information may be required upon complete review of the application.
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Exhibit 2
Certificate of OWnership
I, B. Joseph Krabacher, as attorney for Sandunes, L.P., a
Tennessee limited partnership as Applicant hereby certify that
Sandunes, L.P. is the record owner of the real property described
as the Sandunes, L.P., Lot Split recorded in Plat Book 38, Page
4, pitkin County, Colorado (the "Property"). I hereby further
certify that as of the date hereof, the' Property is subject to
the following encumbrances of record:
1. Exceptions and reservations as set forth in the Act
authorizing the issuance of the Patent for the City and Townsite
of aspen recorded March 1, 1897 in Book 139 at Page 216 as
Reception No. 60156.
2. Right of the proprietor of a vein or lode to extract and
remove his ore therefrom, should the same be found to penetrate
or intersect the premises hereby granted , as reserved in United
States Patent recorded December 3, 1892 in Book 55 at Page 35 as
Reception No. 50193.
3. Easement and Right of Way for an electric distribution
line and to move, operate, maintain or remove electric
distribution line as granted to Holy Cross Electric Association,
Inc. by Eleanor B. Bealmear in the instrument recorded December
7, 1~73 in Book 282 at Pag@ 92 as Reception No. 164088, affQcting
the following described property: East 20 feet of Lot C, Block 13
and all of Lots F, G, H, and I, Block 13, City and Townsite of
Aspen.
4. Easements, rights or way, encroachment of adjoining
premises onto subject property all as shown on Schmueser Gordon
Meyer, Inc. Survey dated December 2, 1991, Job No. 91167.
5. Resolution No. 92-418 recorded January 26, 1993 in Book ."M'~M/
702 at Page 7 of the records of Pitkin County. ~lv_1
6. Resolution No. 93-169 recorded November 5, 1993 in BOOk~l
729 at Page 748 of the records of Pitkin County, Colorado. ~
7. Curb, Gutter and Sidewalk Improvement Agreement recorded
in Book 761 at Page 11, Pitkin County, Colorado September 12,
1994.
8. Declaration of Protective and Restrictive Covenants of
Sandunes Lot Split, recorded in Book 761 at Page 13, Pitkin
County, Colorado September 12, 1994.
.
9. Subdivision Improvements Agreement for Sandunes, L.P. Lot
Split, recorded in Book 801, Page 488, Reception No. 387933,
pitkin County, Colorado recorded December 5, 1995.
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10. Fishing Easement Agreement recorded in Book 802, Page
870, Reception No. 388472, pitkin County, Colorado December 20,
1995.
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Exhibit 3
Authorization to Represent
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SANDUNES, LTD.
1823 OLD KINGSTON PIKE, SUITE 110
KNOXVILLE, TN 37919
Aspen/Pitkin Planning Office
ci ty Hall
130 South Galena, Third Floor
Aspen, Colorado 81611
Re: Authorization for Representation
Ladies and Gentlemen:
This letter will constitute the authorization for B. Joseph
Krabacher of Krabacher Law Offices, a Professional Corporation, 201
North Mill, Suite 201, Aspen, Colorado 81611 to represent Sandunes,
Ltd., a Tennessee limited partnership, with respect to a Land Use
Application for a Density Reduction Lot Split and all matters
related thereto, and including the filing and processing of an
Application for Extension of Vested Rights in connection with such
Land Use Application for a Density Reduction Lot Split.
Very truly yours,
By:
SANDUNES, LTD., a Te nessee
l&r:L:r;e
Archer W. Bishop, r.
President of Dunes, nc.,
General Partner
bishop\lp1anning.2
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Exhibit 4
Vicinity Map
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#353351 01/26/93 13:14 Rec $.00 BK 702 PG 7
Silvia Davis, Pitkil' Chty Clerk, D~c $.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
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OF PITKIN COUNTY, COLORADO GRANTING GENERAL SUBMISSION APPROVAL
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AND 1041 RAZARD RBVIEW
Resolution No. 92-~g'
RECITALS
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TO THE BANDUNES 50% DENSITY REDUCTION LOT SPLIT
1. Sandunes, Ltd, hereinafter "Applicant", has applied to
the Board of County Commissioners of Pitkin County. Colorado,
hereinafter "Board", for General Submission approval for a 50%
Oensity Reduction Lot S~lit and 1041 Hazard Review, p~rsuant
to Sections 4-6.2, 6-3 and 5-400 of the pitkin County Land Use
Code,
2. The Applicant's parcel is zoned R-15 and contains
approximately 1.76 acres.
3. The resulting lets will be 43,872 square feet (Lot 1) and
32,735 square feet (Lot 2) in size, respectively.
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The parcel is located within both unincorporated Pitkin
CounLY and within the City corporate boundaries.
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5. The applicants propose to raze an existing residence,
which is located within the City limits, and to re-establish
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6, Said parcel is located at 815 West Main Street on the
southwest corner of Main and 7th Streets; more specifically
described in Exhibit "A".
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7. The Planninq and Zoninq Commission heard the application
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at their regularly scheduled meeting on September 8, 1992, at
which time they recommended conditional approval of the
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Silvia Davis, Pitkin Cnly Clerk, Doc $.00
Re.olu~ion No. 92-~~
Paqe 2
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General Submission ~nd 1041 Review; and
8. The Board heard this application at their regularly
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schedule~ meeting on Novemoer 24, 1992, at ~hich time evidence
and testimony was presented with respect to this' application;
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9. The Board finds that the Applicants have co~plied with
3pplicable Land Use Code crituria.
NOli', THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant a 50% Density Reduction Lot Split General Submission
and 1041 Hazard Review approval to the Sandunes, Ltd. applicatior.
subject to the following conditions:
DENSITY REDUCTION LOT SPLIT
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1. The applicant shall deed restrict Lots 1 and 2 ag.inst further
subdivision. Development on each lot shall be limited to a
single family residence, employee dwelling unit/caretaker unit
(subject to review and approval as required by the Land Use
Code) and accessory structures. Said restriction shall be
noted in the subdivision Covenants and on the Final Plat. Said
deed restriction shall be in place prior to issuance of a
building permit.
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GENERAL SUBMISSION
2. At Building Permit application, the applicant shall submit a
drainage and erosion control plan for review and approval by
the City and County Engineers and ACSD. On-site storm runoff
mitigation shall comply with Section 24-7-1004.C.4.f. of the
City Land Use Code. A landscaping Plan shall also be
submitted for review and approval by the Planning Office and
ACSD.
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3. The applicant shall join any improvement districts which may
be established to accomplish iJTlprovements on 7th and Main
streets in the vicinity of their property.
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4. The applicant shall provide a public'" fishJ.ng easement on
Castle Creek as it flows through the property. The easement
shall be granted to 'allow the public to fish with,;.n the stream
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~353351 01/26/93 13:14 Rec $.00 BK 702 PG 9
Silvia uavis, Pitkin Cnty Clerk, Doc $.00
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Resolution No. ~2-~~
Page 3
5.
and within five feet of the high water lIne of the stream
bank. The easement shall be granted to the County at Final
Plat. It shall be designated on the recorded Plat.
Applicants shall revegetate all areas disturbed by
congtruction within one growing season of construction.
Revegetation orovisions shall be includ~d in the Subdivi~ion
Improvements Agreement with associated financial securities.
6.
At Final !!lat, the applicant shall provide "will serve"
letters from utility entities providing service to the site.
All utility elCtensions shall be located underground within
access alignments. Covenants shall reflect this condition.
7.
8.
The applicant or subsequent successors in interest shall agree
to join a special improvement district if one is formed for
this area, and prior to filing the Final Plat, the applicant
sh"ll sign a curb, Gutter and Sidewalk agreement with the
City, for South Seventh Street and West Hopkins Avenue. When
sidewalks are installed, the guidelines of the Pedestrian
Walkway and Bikeway plan shall be followed. The estimated
cost of curb and gutter shall be included in the Subdivision
Improvements Agr.eement. Cove~ants shall 'reflect this
condition.
9. At Final Plat, the applicant shall submit a road improvement
plan to the city' and county Engineers for review and approval.
The plan shall include, but may not be limited to,
installation of curbs and gutters "long 7th and Main streets,
design of a 5 foot wide sidewa:lk and easement, driveway
improvem~nts and drainage plans. An access drive from Main
street to Lot 2 shall be prohibited. Driveways shall comply
with county driveway standards. Plans to minimize dust and/or
mud debris carry-off from the site during construction shall
also be reviewed and approved.
10. Soils on-5ite shall be tested to determine if any heavy metals
are pr:<osent that require mitigation. l\. preliminary report
shall be submitted by the applicant at Final Plat. Soils
an"lysl.'3 "hall be reviewed by the Environmental Health
Department. If required by the Environmental Health
Department, detailed soila analysis shall be required for each
lct prior to issuance of a building permit.
11. At Final Plat, the applicant shall submit proposed subdivision
covenar.ts, which sh~ll, at a minimum, address maintenance of
access roads, restrictions against further subdivision and
limitations on development.
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All city or County air quality standards (whichever are more
restrictive) in effect at the time of issuance of a building
peI'Jllit shall be adhered to. Covenants shall reflect this
condition.
Lighting plans showing compliance with pitkin County and city
of Aspen lighting standards, which ever are more restrictive,
shall be submitted concurrently with a building permit
application.
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#353351 01/26/93 13:14 Rec $.OC BK 702 PG 10
Silvia Davis, Pitkin Cnty Clerk, Doc S.OO
Resolution NO. 92-~1
page 4
12. The applicant ~r subsequent successors in interest shall join
in road andlor sidewalk improvement districts in the event
that such districts are formed in the immediate vicinity of
the lots. Covenants shall reflect this condition.
13.
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Floor area calculations
development on Lots 1 and 2
for the R-15 zone district
permit application.
and height restrictions for
shall be based on city regulations
in effect at the time of building
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16.
Mature vegetatien
preserved on-site.
along the irrigation ditch shall be
Covenants shall reflect this condition.
17.
At Final Plat, the applicant shall comply with Section 5-
501.10 of the Land Use Code regarding treatment of the Ditch
as it crosses the property. Ditch seepage areas shall be
identified and censidered in the design of the subdivision to
avoid future problems resulting from development. D1'tch
maintenance and access agreements shall ~e addressed in
covenants and any agre&ments shall be finalized at Final"plat.
At building permit applicati~n for each lot, the applicant
shall make a casn-ir.-lieu payment for Park Dedication based
on L~nd Use Code requirements in effect at Final Plat.
19.
The applicant shall apply for and receive driveway permits
from the County Engineer prior to issuance of building
peI'Jllits. Driveways shall comply with County stand.ards in
effec\: at the time of "ccess permit issuance. with ..pproval
from the County Engineer, the driveway easement width may be
20 feet rather than 30 feet.
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1041 REVIE~j
20. covenants ..hall stipulate that removal of vegetation in
riparian or shore land areaS shall be prnhibited. A minimum
stream setback of 20 feet from the mean high w~ter line shall
be identifie'j on the Final Plat. No development d,isturbance
shall occur within the setback. The Final plat shall identify
the 100 year flood elevation, or document th..t building
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#353351 01/26/93 13:14 Rec $.00 BK 702 PG 11
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Resolution No. 92-~
Page 5
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envelopes are within an area which is 20 horIzontal or 5
vertical feet (whichever land area is greater) from the
existing high wate~ line on the drainage chann~l.
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21.
Foundation and grading design (for homes and access drives)
shall be certified by a professional engineer who shall review
soils engineering studies at a site specific level to insure
proper foundation and driveway design. Covenants shaH reflect
tbis condition. The soils engineer shall establish a building
envelope setback from the top of the bank to assure that slope
stability will remain in\'l:ct and that the slope will remain
undisturbed during construction. said setback shall be a
minimum of 10 feet. The applicant shall place construction
fencing at the setback line prior to issuance of an excavation
permit.
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22.
All development, with the exception of driveways and utility
installation within existing driveway and utility easements,
shall occur within building envelopes designated on the Final
Plat. Covenants shall reflect this condition.
23.
The home shall be designed to preclude the accumulation of
radon gas. Covenants shall reflect this condition.
24.
Tho applicant shall record a Final Plat, prior to submission
of any building permits. The Plat shall delineate all utility,
access and ditch easements. The 'following 1041 Hazard Review
Warning and disclaimer shall be placed on the Plan,
-The provisions of these regulations do not in any way assure or
imply that areas outside of designated haza~d8 will be free from
hazard., or that approved mitigation measures will guarantee the
safety of the property."
All mater.ial representations made by the applicant in the
application and in public meetings, shall be adhered to and
considered conditions of approval I unless otherwise amended
by other conditions.
APPROVED AND ADOPTED ON THE 24TH DAY OF November, 1992.
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BOARD OF COUNTY COIlMIIISIONERS
OF PITKIN COUNTY, COLORADO
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ames R. True, Chairman
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.35335101/26/9313114 R",c ".00 BK'70:Z PG ,,;
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Resolution No. 92-~g'
j?aqe 6
~_~PROVED AS TO I!'OIUl:
APPROVZD AS TO CONTENT:
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Cot'.nty Attcrn
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,county Planninq Director
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~353351 01/26/93 13.14 Rec $.00 BK 702 PG 14
Sllvla Davis.. Pitkin Cnty Clerk, Doc $.00
EX/lIBIT "A"
Sandunes Lot Split
PARCSL I
That portion of Lot
2, 1955 in Book 176
OI Lots n~ E, F, G,
Aspen to
C described in Warranty Deed recorded March
at P~ge 287 as Reception No. 10214 and all
/l and I in Block 13, city and Townsite of
PARCEL II:
A tract of land situate in the SW 1/4 of Section 12, Township 10
South, Range 85 West of tb" 6th Principal Meridian being mo.re
particularly described as t,,) :ows:
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Beginning at the SE corner of Lot I, Block 13, city of Aspen,
County of Pitkin, State of colorado, whence the NE corner of
said Lot I bears N. 14 degrees 50 minutes 49 seconds E. 89.73
feet.'; :.~
thence S. 14 degr~es 50 minutes 49 seconds W. 121.87 feet L~ the
N~ corner of Let 3, Adams Subdivision, County of pitkin, state
of colorado thence N. 79 degrees 20 minutes 00 seconds W. 366.85
Ieet along the North lines of Lots 3 and 1 o~ said Adam.
Subdivision (corner 13 Bold.,n Tract),
thence N. 14 degrees 35 minutes ~o seconds W. 17:.00 ~eet to
corner 14 oE the Holden Tract;
thence S. 83 degree!! 31 lDinutes 00
thence S. 74 degrees 30 minutes 00
thence N. 15 degrees 30 minutes 00
7-8 Aspen Townsite;
thence S. 55 degrees 16 minutes 00 seconds E. 212.22 feet along
line 7~6 Aspen Townsite to the point of beginning.
seconds E.
seconds E.
seconds E.
95.71 feet;
155.47 feet;
58.85 feet to
line
County.oZ Pitkin, .state of colorado
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Exhibit 6
Resolution of the Board of County Commissioners of Pitkin County,
Colorado Granting Final Plat Approval to the Sandunes Lot Split
Subdivision
The parcel is zoned
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#36297:5 11/05/93 16:22Re~$.(l6'Bi<72: 6~
p,.tkin Cnty Clerk, DoC .
Silvia Davis,
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RESOLUTION OF THE BOARD OF COUNTY
COLORADO, GRANTING,,,:'FINAL PL~; TO THE""
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'Re.olut~~~~~o:::ti~:P;Zq""'" '
COUNTY
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Sandunes, Inc. her2inafter "Applicant",' has applied fa the
of CO,unty Commissi~ners'" -~~::~1~:D~;;~I;~~t7g>'~ ';:~6~~'~'Y;~' Colorado,
Board
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hereinafter "Boardft, for Final p,lat:;:~PP;~'~~~~~i,~.,?f the SaTidunes Lot
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Spl it, pursuant to Section',,, 6'~5,__ "of ..,_the ,,~~anct~..Yse,::c=ode ""'"'~';"'w:,~::i,~;"':"~'''''''''''
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The two-lot subdivi~ion receix~~. General Submission approval
;" ,""_'''''.. ,,'" ,,"'__ii"'~i" -',", ^ ".. -,"':'''''"''''.'','.' -',
from the Board pursuant to Resoluti'~~ 'No.: 92,~,418. :
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3. The parcel is located at 815"':< ~~:;t"~;: M~';fn'~ stre'et', on-'''' the
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5. The resulting lots will be 43"S72 square feet (Lot 1) and
specifically
southwest Corner of. Main
described in. Exhibit "Au.'
4.
1. 76
acres.
32,755 square feet ~Lot 2) 'in size, i~s~ectively.
6'~' The Board approved Gen~~'ai s{lb~"i~'si'on <i,iJ't'suan't" to Resolution
7 .
The Board heard thi."
at, a r~gularly scheduled
No. 92-41S.
nleeting on September 28, 1993, at:~whfch ti'me evid'ence and testimony
,fj,",,,.:~, t~: ;"A'o<: \",',''" c,":,,',', ii'" t_''':..,,,,,,~~,,,,
was presented with respect to the proposed subdivision.
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#362975 11/05/93 16.22 Rec $.OOBK 729"';1;"749'"
Silvia Dnvis, Pitkin Cnty Cle~k, Doc $.00
Resolution No. 93- ;ty
p",qe 2
1) Prior to recording of the final plat and covenants, the
following revisions 'shall be made:'
Plat Revisions
a.
The Final Plat,s,hall d~lil'eate~?eAspel'l City Limit line.
The access easement through the ~~ams Subdivision,
providing access to Lot 1, shall .be indicated on the
Plat. A note shall be added to the plat, stipulating
that vehicular access to Lots 1 and 2 from Main Street
shall be prohibited.'" ,', '".. - .. -
A mortgaqee/ n'"nholdei"J.gnatuJ:''' block shall be added to
the plat, or, if there are no mortgagees or lienholders,
the applicant shall submit a letter from an attorney or
title company verifying same~
b.
c.
d. A vicinity map shall be added .,tothe plat
,
the utility easement shall be excluded from the building
envelope for Lot 1.
e.
f. The fence line shall be removed from the building
envelope on Lot 1.
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g. The top-of-slo~eshall be delineated On the final plat.
Revisions to Covenants
h. Section 10.14' shall stipulate that construction fencing
shall be placed along - the irrigation ditch to protect
vegetation along the ditch during the duration of
construction. Fencing shall be placed at the outer-most
drip-line of existing veqetation.
1.
to employee
replaced by
dwelling units
reference to
sha 11 be
caretaker
2.
All referer,-ces
eliminated and
dwelling units.
Prior to signature'of the Final Plat by the Board Chairman,
the applicant shall complete and sign a modified paving,
side~alk, curb ;:tn,qgutterconstruction agreement with the
city. The agreement shall include a commitment for the
widening of and the installationnf asphalt and sub-base on
Main. Street, and a stipulation that prior to issuance ,of a
building permit for Lot 2, the applicant, his assigns or heirs
shall install sidewalk, curb. a.rid gutter on Seventh street,
withatie~into the ,~~i~t~~gst?rm,sewer inlet at the corner.
The agreement shalf' also" include a commitment to install
sidewalk, curb and gutter on the Main street frontage of Lots
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Resolution No. 93- ~
Page 3
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1 and 2 at such time as deemed necessary by the City. The cost
estimate attached, ~o,th~,'",~'~p?,i y,i~ien~,,~mp~ovementsa9reement
shall be llIodified. if deemed 'necessary by the City Eng ineer,
to reflect fin~l mOdificationsjntl1e paving,_ sidewalk, curb
and gutter agreement. The street improvement plan submitted
by the applicant shall be recorded as an' attachment to the
s u bd i vis i on i mprovemen ts a qreemen t ~>l'?;~!:s:~-~:?:~r~~~~~"'go~~T,:>'..>~\f"<"""'-I~.'
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prior to recording of the Final Plat, the applicant' shall
enter into a collect~on "system "agreement with the Aspen
consolidated sanitation District. Utility lines shall comply
with d is tr ict spec i fica t fens ~'" ,,',:i\:T<:'~$0~{~~,:f:~;74';;r:"":":'>:"':-;:::>'-"
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be" 'designed to::;:::p~ese'rve the existing
along' the periphery,,, of ,the property, to the
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Sidewalks shall
cottonwood trees
extent possible.
5.
The applicant shall record a~~D'~~8"~f'~,~t;", prior to submission
of any building permits.
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6.
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Pri~r to issuance of a buildinq permit' and
commencement of constructionol, ths'" driveway for
applicant shall obtain a dri.veway p'e'rmit'from the
to
the
prior
Lot 2 ,
city.
7.
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The exist;ng house shall be demoli~~~?-'prlorto- issuance of
a building permit for' a new ," re~i~~n(:"e,;Ol'Y,~?t.,.2; or,' if the
applicant wishes to live in,the,e,xi'stirig,' hO\.'.,t;e" while the new
house is being constructed, a temporary use 'permit shall be
obtained pursuant to section 3,.,a.11(dj6f the pitkin County
Land Us-e Code. -',.- ,.. .
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9.
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All city or county air quality standards (whichever
restrictive) in, effect att_he,,"..time~:,,~,?f issuance of a
permit. shall be"'adher~cl"to.;."-
are more
building
10.
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Lighting plans showing compliance with pitkin County and city
of Aspen lighting standards, which ever are more restrictiye,
shall be submitted Concurrently with a building permit
application.
11. "1'Tb-OY-" area calculations
development on Lots 1 and 2
for the R-15 zone d
restrictions for
on city regulations
time of pui~~ing
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#362975 11/05/93 16:22 Rec $.00 BK 7~~
Silvia Davis,
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Itesolution No. 93- It'!
Page 4
permit application.
12. At building permit application for each lot, the applicant
shall make a .cash-in-lie~ payment for Park Dedication based
on Pitkin County Land Use Code requirements in effect at Final
Plat.
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13. The applicant shall apply for and recei.vedrlveway permits
from the ~ounty Engineer prior to issuance of building
permits. Dl'i.veways shallcomplywit.h County standards in
effect at the ~ime of access permit issuance. With approval
from the County Enqineer,thedriveway easement width may be
20 feet rather than 30, feet,. , .....,....
14. All development, with_the exception of driveways ann utility
installation within existing driveway and utility ea,,'~ements,
shall occur within building envelopes designated on the Final
Plat.
15. Any work and/or development by t.he applicant in the City
right-of-way shall require, permits from the City streets
Oepartment, approval>~ro111 ",.City", Engineering for design
considerations, and from Parks .for,,'yegetation species.
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16. All'material representations made by the applicant in the
application and in public meetin'gs:: shall be adhered to and
considered conditions, of approval, unless otherwise amended
by other. conditions.
APPROVED AND ADOPTED ON THE 28TH DAY OF September, 1993.
.rea tte Jones
Dep ty Clerk and ecorder
APPROVED AS TO FORM:
COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ByM~.&~
~ Bill TUi"tej Chairman
(I Date //-~ /'1 '?
ATTES
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Timothy E. Whitsitl: _~
County Attorne ..
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APPROVED AS TO CONTENT:
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PARCEL I
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EXHIBIT,
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"--,:,,,:-.-. ")~":,:,:""::~;i;r:*..,"<-,i< -".-'-';'::"::, ,n' , ,
C described in' Warranty Dee";' recorded March
at Page 287"as"I1eception N^". 10214 and all
H and I in Block 13, City and Townsite of
That portion of Lot
2. 1955 in Book 176
or Lots D, E, F, G,
Aspen.
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PARCEL II:
A'tract of land situate in the'$W 1/4,of Section 12, Township 10
South, Range 85 West of the 6th Principal Meridian being more
~rticularly described as follows:
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Beginning at the SEco~ne~oiLit:i;> Block 13, City of Aspen,
County of Pitkin. state o[co1orado~"'whence the NE corner of
said Lot I bears N. 14 degrees 50"minutes 49 seconds E.~9.73
.feet; ~ . "" ,
thence S. 14 degrees 50 minut..s 49 se"onds W. 121.87 feet to the
NE corner ox Lot 3, Ada.ms, 'subdivisib,ri:/' e,,'unty OL ,pitkin, State
of Colorado thence N. 79 degrees'20"'ininutes 00 seconds W. 366.85
feet along the North lines of Lots 3 and 1 of said Adams
Subdivision (corner 13 H61aen Tract),' '
thence N. 14 degrees 35 minutes ~O seconds W. 172.00 feet to
corner 14 of the Holden Tract; N'.'...,', '<",,"
thence S. 83 degrees 31' minutes OO'secdnds"'E / 95.71 feet;
thence S. 74 degrees 30 minutes d"rt''$ifi5'i!iilds 'E;' 155.47 feet;
thence N. 15 degrees 30 minutes OOsecondsE. 58;85 feet to line
7-8 Aspen Townsite; ,:"?;~":'_,,,?~'\'r;;"'S~;'7t!t:":.\~'t'M< ,.~(~:,:>,;\<:,".,."" '.'.,
thence S. 55 degrees 16 minutes 00 seconds E. 212.22 feet along
~ine 7-8 Aspen Townsite,t;o. tb.. poiriCdfbeginning.
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Exhibit 7
Names and Address or Adjacent Property Owners
1. Bruce Nicolas Berger
P.O. Box 2608
Pinetop, AZ 85935
2. Savannah Limited Partnership
c/o Joe Imbriani
600 East Cooper Street
Aspen, Colorado 81611
3. Richard E. and Lois N. Long
P.O. Box 1314
Aspen, Colorado 81612
4. Christian Science Society
Aspen/Snowmass, Inc.
734 West Main Street
Aspen, Colorado 81611
5. City of Aspen
130 South Galena Street
Aspen, Colorado 81611
6. Sandra K. Bishop and Archer W. Bishop, Jr.
as Life Tenants under Joint Purchase
Agreement and Remainderman John W. Barker, Jr.
as Trustee of the Kabt Irrevocable Trust
P.O. Box 11146
Lyons View, Knoxville, TN 37919
7. Jerry Fels and Esther L. Fels
as Trustees of the Fels Family Trust
3645 Valley Meadow Road
Sherman Oaks, California 91403
8. Linda Lee Blomquist
724 West Hopkins
Aspen, Colorado 81611
9. Nikor Budsey II and Susan Wabiszewski
as Joint Tenants
728 West Hopkins
Aspen, Colorado 81611
10. Laura B. Holmes
732 West Hopkins
Aspen, Colorado 81611
11. Robert M. Nevins and Wendy S. Nevins
P.O. Box 11482
Aspen, Colorado 81611
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12. Jeffrey T. Hanle and Kelly J. Hanle
126 South Seventh Street
Aspen, Colorado 81611
13. Mary E. Wolfer
130 South Seventh Street
Aspen, Colorado 81611
14. Benjamin H. Dodge and Nancee L. Dodge
134 South Seventh Street
Aspen, Colorado 81611
15. Danny Abbott
138 South Seventh Street
Aspen, Colorado 81611
16. Mia Valley
740 West Hopkins
Aspen, Colorado 81611
17. Tonya M. Terry
744 West Hopkins
Aspen, Colorado 81611
18. Glenda C. Knight
P.O. Box 328
Snowmass Village, Colorado 81654
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Exhibit 8
Sandunes Lot Split Plat
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Exhibit 9
Subdivision Improvements Agreement
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SUBDIVISION IMPROVEMENTS AGREEMENT FOR
SANDUNES, L.P., LOT SPLIT
This SUBDIVISION IMPROVEMENTS AGREEMENT (hereinafter
"Agreement") is made and entered into MkAlb;/' 27 , 1995, by and
between the County of Pitkin, Colorado (hereinafter referred to as
"County"), and SANDUNES, L.P., a Tennessee limited partnership, its
successors and assigns (hereinafter referred to as "Owner").
RECITALS
A. Owner is the owner of a parcel of real property situated
in both the County of Pitkin, Colorado (the "County"), and the City
of Aspen, Colorado (hereinafter referred to as "City"), as more
particularly described on Exhibit A attached hereco and
incorporated herein by this reference (the "Property").
B. Owner has submitted to the City and the County for
approval, execution and recording, a Final Subdivision Plat, Street
Improvement Plan and Detail Sheet (the "Plat") pertaining to a 50%
density reduction lot split and 1041 Hazard Review for a
residential project (the "Project") to consist of two single family
residential lots (a "Lot" or the "Lots") on the Property.
C. The Project received general submission approval for a
density reduction lot split and 1041 Hazard Review from the Board
of County Commissioners of the County (the "BOCC") on November 24,
1992, as reflected in Resolution No. 92-418 recorded January 26,
1993 in Book 702 at Page 7 of the records of Pitkin County,
Colorado (the "General Submission Approval") .
D. The proj ect was reviewed on an advisory basis only by the
City of Aspen Planning and Zoning Commission on August 4, 1992.
The Owner has been advised by the Aspen/Pitkin Planning Office that
the Project needs to receive formal approval from the BOCC.
E. Prior to entering into this Agreement, the County has
fully considered the development application filed by Owner with
the County, the Plat for the Project, and the anticipated benefits
and burdens by the neighborir.g or adj oining properties by reason of
the Project. Further, the County has considered the requirements,
terms and conditions of the Land Use Code of Pitkin County (the
"Code"), now in effect and other laws, rules and regulations as are
or may become applicable.
F. The County has imposed on Owner conditions and
requirements in connection with the General Submission Approval,
and such conditions and requirements are necessary to protect,
promote and enhance the public health, safety and welfare. The
conditions are set forth in the General Submission Approval.
G. Under the authority of the Code, the County is entitled
to assurances that the matters hereinafter agreed will be performed
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by Owner and Owner's successors and assigns.
H. Owner is willing to enter into this Agreement with the
County and to provide such assurances to the County.
I. The County is willing to approve, execute and accept the
Plat for recording.
In consideration of the foregoing, 'and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. proiect Descriotion. The Project will be comprised of two
single family residential lots. Each Lot may consist of a single
family residence, employee dwelling unit/caretaker unit (subject to
review and approval as required by the Code) and accessory
buildings.
2. Execution of Subdivision Plat. Owner's obligations under
this Agreement are expressly contingent on the County approving and
executing the Plat for the Project and the recordation of the Plat
in the office of the Clerk and Recorder of Pitkin County, Colorado.
The County acknowledges the Plat conforms to the requirements of
the Code.
3. Site Imorovements.
a. Water. ' Water will be supplied to the Project by
the City of Aspen. The individual Lot owners at the time of
building permit will each be responsible for the water tap fees
and extending any water serviceline(s) from Seventh Street to
serve each of the respective Lots.
b. Sewer. Sewer service will be provided by the
Aspen Consolidated Sanitation District. The individual Lot
owners at the time of building permit will each be responsible
for the sewer tap fees and extending the sewer service line from
Seventh Street to serve each of the respective Lots.
c. Sidewalk. Curb and Gutter. The Owner has entered
into a Curb, Gutter and Sidewalk Agreement with the City of Aspen
which has been recorded in the records of Pitkin County, Colorado
as Reception No. 374071 in Book 761 at Page 11 (the "Curb Gutter
and Sidewalk Agreement"). In accordance with the terms of the
Curb, Gutter and Sidewalk Agreement, Owner and its successors and
assigns agree to construct a sidewalk, curb and gutter along
South Seventh Street and Main Street abutting the Property
meeting the specifications and standards of the City of Aspen
Engineering Department and in accordance with the Street
Improvement Plan and Detail Sheet recorded as part of the Plat.
When sidewalks are installed, the guidelines of the Pedestrian
Walkway and Bikeway Plan shall be followed. The cost and expense
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for compliance with this Paragraph 3.c
Owner or Owners of the Lots, with each
actual cost or expense thereof.
d. Imorovement Districts. Owner and its successors
and assigns agree to join any special improvement districts and
any road or sidewalk improvement districts in the event such
districts are proposed to be formed for any area that includes
the Property.
shall be born by the then
Owner paying 50% of the
e. Landscaoinq. All areas disturbed by construction
or demolition shall be revegetated within one growing season by
the Owner of the Lot upon which the construction or demolition
occurred. All mature vegetation along the irrigation ditch shall
be preserved on site.
f. Financial Assurances. Owner's and its
successors and assign's performance of the obligations described
in this Section 3 shall be secured pursuant the letter of credit
issued by Norwest Bank to the County, a copy of which is attached
as Exhibit B (the "Letter of Credit"). The Letter of Credit is
equal in value to the estimated costs of the improvements as set
forth on Exhibit C hereto. Owner agrees to maintain such Letter
of Credit in full force and effect and to renew the Letter of
Credit on an annual basis for three years after the date of the
recording of the Plat or until Owner's fulfillment of the
obligations set forth herein.
In the event Owner or its successors and assigns fail to
perform the obligation to construct the improvements provided for
in this Section 3 within three years after the date of the
recording of the Plat, and have not complied or commenced
compliance with the requirements of this Section 3 within 90 days
after written notice from the County to do so, the Owner shall
then be deemed in default hereunder.
The County shall have the unconditional right, in the event
of default by the Owner, and after providing the notice described
above, to draw the letter of credit to pay for improvements to be
completed by the County or to pay any outstanding bills for work
already completed by the County. Final payment for any
improvements completed by the County shall be made only after
inspection and acceptance by the County. In the event that Owner
defaults hereunder and the County, by withdrawal of funds,
performs the obligations of Owner under this Section 3, the
County, in good faith, shall be obligated to complete the
improvements in as economically efficient manner as practicable.
4. Incorporation of Covenants. The Declaration of
Protective and Restrictive Covenants for the Sandunes Lot Split
recorded in the records of Pitkin County, Colorado as Reception
No. 374072 in Book 761 at Page 13 (the "Protective Covenants")
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set forth certain agreements, covenants, and restrictions on the
Property and the Owners of the Lots. The terms, conditions and
provisions of the Protective Covenants are incorporated herein by
this reference.
5. Notice. Notice given to a party to this Agreement
shall be deemed given if personally delivered, or 3 days after
mailing, if sent U.S. certified mail to the addresses indicated
below or to such other address as may be substituted by written
notice of the parties or their successors or assigns.
To Owner:
Archer W. Bishop, Jr., President
Sandunes L.P., a Tennessee limited partnership
4823 Old Kingston Pike, Suite 140
Knoxville, TN 3791~
With copies to:
B. Joseph Krabacher
Krabacher, Hill & Edwards, P.C.
201 North Mill, Suite 201
Aspen, Colorado 81611
To the County:
County Attorney
Pitkin County
530 East Main Street
Aspen, Colorado 81611
Any notice to be sent pursuant to this agreement shall also
be sent to any successor Owners of any Lots.
6. Aoolicable Law. This Agreement shall be subject to and
construed in accordance with the laws of Colorado, and the Land
Use Code of Pitkin County, Colorado.
7. Severability. If any of the provisions of this
Agreement or any paragraph, sentence, clause, phrase, word or
section or the application thereof in any circumstance is
invalidated such invalidation shall not affect the validity of
the remainder of this Agreement and the validity of any such
provision, paragraph, sentence, clause, phrase, word or section
under any other circumstance.
8. Bindinq Effect. The provisions of this Agreement shall
run with and constitute a burden on the land on which the project
is located and shall be binding on and inure to the benefit of
Owner, .the City, the County, and their respective heirs,
successors, representatives and assigns.
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9. Recordina. This agreement shall be recorded in the
records of the Pitkin County Clerk and Recorder's Office.
WITNESS WHEREOF, the parties have executed this Agreement
and year first written above.
Chairperson
BOARD OF
,
A~ as. to Form: ,
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Pitkin County Attorney
By:
OWNER:
SANDUNES, L.P.,
a~, ne~fee ,limitedlSar~ners
L.kA~--.W . /~ .I
Archer W. Bishop, Jr., a P esident
of Dunes, Inc., a Tennessee
corporation, General Partner
STATE OF COLORADO
ss
COUNTY OF PITKIN
Acknowledged before me NwtmbJ.._ L-:<, , 1995, by
fYJ,Y'h~, 0 ~IU.. ~~ ,Chairperson of the Pitkin County Board of
County Commissioners.
My commission expires IfrJ ~-7 f..::,
Witness my hand and official seal.
~JJ/lJ 1" ~~cJcS[)
m;t~r; -~bli~
STATE OF -r,'r)n"'j~ fe'
ss
COUNTY OF IY-)() (
Acknowledged before me /1./,;..;/,,,1)11" .),7 , 1995, by Archer W.
Bishop, Jr., as President of Dunes, Inc., a Tennessee
corporation, the General Partner of Sandunes, L.P., a Tennessee
limited partnership.
My commission expires 1-),3 - '1 (..
Witness my hand and official seal.
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Not~ry Public
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EXHIBIT A TO SUBDIVISION IMPROVEMENTS
AGREEMENT FOR SANDONES, L.P. LOT SPLIT
1. Leaal DescriDtion. A tract of land situate in the SW 1/4
of Section 12, Township 10 South, Range 85 West of the 6th
principal Meridian, being more particularly described as follows.
Beginning at the NE corner of Lot I, Block 13, city of
Aspen, County of Pitkin, State of Colorado, whence the U.S.F.S.
brass cap for Aspen Townsite Corner No.7 bears N 65-48-22 W 457.74
feet; thence S 14-50-49 W 211.60 feet to the NE corner of Lot 3,
Adams Subdivision, County of Pitkin, State of Colorado, thence N
79-20-00 W 366.85 feet along the north lines of Lots 3 and 1 of
said Adams Subdivision (corner 13 Holden Tract), thence N 14-35-00
W 172.00 feet to corner 14 of the Holden Tract; thence S 83-31-00
E 95.71 feet; thence S 74-30-00 E 155.47 feet; thence N 15-30-00 E
76.39 feet; thence S 75-09-11 E 199.36 feet to the point of
beginning, containing 1.759 acres more or less.
2. ExceDtions to Title.
a. Exceptions and reservations as set forth in the Act
authorizing the issuance of the Patent for the City and Townsite of
Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception
No. 60156.
b. Right of the proprietor of a vein or lode to extract
and remove his ore therefrom, should the same be found to penetrate
or intersect the premises hereby granted, as reserved in United
States Patent recorded December 3, 1892 in Book 55 at Page 35 as
Reception No. 50193.
c. Land comprising the shores or bottoms of rivers and
subject to any build up or loss of property along Castle Creek,
caused by the processes of accretion and reliction or caused by man
made changes in the flow of water or in the course of the river
bank or river channel; also subject to the free and unobstructed
flow of the water of said river.
d. Easement and right of way for an electric
distribution line and to move, operate, maintain or remove electric
distribution line as granted to Holy Cross Electric Association,
Inc., by Eleanor B. Bealmear in the instrument recorded December 7,
1973, in Book 282 at Page 92 as Reception No. 164088, affecting the
, following described property: East 20 feet of Lot C, Block 13 and
all lots F, G, H and I, Block 13, City and Townsite of Aspen.
e. Easements, rights-of-way, encroachment of adjoining
premises onto subject property all as shown on Schmueser Gordon
Meyer, Inc. survey dated December 2, 1991 as Job No. 91167.
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Exhibit B
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NORWEsr flANKS
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NORWEST BANK COLORADO, NA
LETTER OF CREDIT DEPARTMENT
1740 BROADWAY
ONE NORWEST CENTER
DENVER, CO 80274-8685
TELEX NUMBER 168118 NBI DVR
SWIFT ADDRESS: NWNBUS55
FAX: (303) 863-4898
IRREVOCABLE STANDBY LETTER OF CREDIT
OUR REFERENCE NUMBER: S800614
JUNE 14, 1995
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BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY COLORADO
506 EAST MAIN STREET
ASPEN, CO 81611
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GENTLEMEN:
AT THE REQUEST OF: ARCHER W. BISHOP, JR.
P.O. BOX 11146
KNOXVILLE, TN 37939
AND FOR THE ACCOUNT OF: SAME
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER
S800614 WHICH IS AVAILABLE BY PAYMENT AGAINST BENEFICIARY'S
DRAFT(S) AT SIGHT, DRAWN ON NORWEST BANK COLORADO, NATIONAL
ASSOCIATION.
THIS CREDIT IS FOR AN AGGREGATE AMOUNT NOT TO EXCEED A TOTAL OF
U.S. DOLLAR 58,500.00 ( FIFTY EIGHT THOUSAND FIVE HUNDRED AND
00/100 U.S. DOLLARS). DRAFTS SUBMITTED ijUST BE ACCOMPANIED BY
THE FOLLOWING DOCUMENTS:
1. THIS LETTER OF CREDIT.
2. A STATEMENT PURPORTEDLY SIGNED BY THE BENEFICIARY STATING
THAT:
"THE UNDERSIGNED, AN AUTHORIZED SIGNER, HEREBY CERTIFIES
***CONTINUED ON NEXT PAGE ***
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tioRwer DANKS
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OUR REF. NO. S800614
PAGE
2
THAT SANDUNES. L.P. ( A TENNESSEE LIMITED PARTNERSHIP)
HAS NOT YET FULFILLED ITS OBLIGATIONS AS SET FORTH IN THE
SUBDIVISION IMPROVEMENTS AGREEMENT."
SPECIAL CONDITIONS:
THIS LETTER OF CREDIT IS NOT TRANSFERRABLE.
EXPIRES AT OUR COUNTERS AT 3:00 PM DENVER TIME ON MAY 25, 1996.
ALL DRAFTS MUST BE MARKED: DRAWN UNDER NORWEST BANK COLORADO.
NATIONAL ASSOCIATION, IRREVOCABLE STANDBY LETTER OF CREDIT
NUMBER S800614 DATED JUNE 14, 1995.
CANCELLATION OF LIC PRIOR TO EXPIRATION
THIS LETTER OF CREDIT (AND AMENDMENTS) MUST BE RETURNED TO US
FOR CANCELLATION WITH A STATEMENT PURPORTEDLY SIGNED BY THE
BENEFICIARY STATING THAT:
"THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY US AND IS
HEREWITH RETURNED TO THE ISSUING BANK FOR CANCELLATION."
WE HEREBY AGREE TO HONOR EACH DRAFT DRAWN AND IN COMPLIANCE WITH
THE TERMS OF THIS CREDIT IF DULy PRESENTED (TOGETHER WITH THE
DOCUMENTS AS SPECIFIED) TO NORWEST BANK COLORADO, NA, 1740
BROADWAY, ATTN: LETTER OF CREDIT DEPARTMENT, DENVER, CO
80234-8685 ON OR BEFORE THE EXPIRY DATE.
THIS LETTER OF CREDIT IS SBUJECT TO THE UNIFORM CUSTOMS AND
PRACTICE OF DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL
CHAMBER OF COMMERCE PUBLICATION NO. 500 TO THE EXTENT THAT IT
DOES NOT CONFLICT WITH ARTICLE V OF THE UNIFORM COMMERCIAL CODE
OF THE STATE OF COLORADO.
NORWEST BANK COLORADO, NATIONAL ASSOCIATION
BY:
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(AUT~ORIZED SIGNATURE)
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Exhibit C
SCHMUESER GORDON N ~R, INC.
118 W. 6th 51. Suite 200 P.l". Box 2155
Glenwood Springs. CO 81601 Aspen. CO 81612
(303) 945.1004 (303) 925-6727
FAA (303) 945.5948 FAA (303) 92~157
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i18 W. 6th St. Suite 200 P.<..,8ox 2155
Glenwood Springs. CO 81601 Aspen. CO 81612
(303) 945.1004 (303) 925.6727
FAA (303) 945.5946 FAA (303) 925-4157
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