HomeMy WebLinkAboutcoa.lu.ex.Oliver.1978Oliver
Lots K-P, Block20
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eception No. -i '�A;".989
,Recorded at 3:26PM Ma 27, 1979 Loretta Banner Recorld
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STATEMENT OF EXEMPTION FROM THE
DEFINITION OF SUBDIVISION
WHEREAS, the applicant, MICHAEL OLIVER, is the
owner of the following described real property situate in
the County of Pitkin, State of Colorado:
and,
Lots K, L, M, N, O, and P, Block 20
Townsite of Aspen
WHEREAS, there is presently constructed upon the
property above -described a duplex consisting of two (2)
three -bedroom units; and,
WHEREAS, the applicant has requested an exemption
.from the definition of a subdivision for the purposes of sub-
dividing the existing duplex through condominiumization; and,
WHEREAS, the Aspen Planning and Zoning Commission
at its meeting held M /V e_ �� , 1978 determined
that an exemption from the definition of a subdivision was
appropriate in the circumstances and recommended that the
same be granted; and,
WHEREAS, the City Council of Aspen, Colorado at its
meeting held Tu'y E' ;'� (_, , 1978 and uoon the re-
commendation of the Planning and Zoning Commission aforesaid,
determined that the application of MICHAEL OLIVER met the
requirements of subsection (c) of Section 20-22 of the Munici-
pal Code of the City of Aspen, as of August 14, 1978, and that,
accordingly the subdivision of the existing duplex through
condominiumization is not within the intent and purpose of
Chapter 20 of the Municipal Code of the Citv of Aspen;
NOW, THEREFORE, the City Council of Aspen, Colorado
does hereby determine that the proposed subdivision through
the condominiumization of the duplex situate upon Lots N, O
and P, Block 20, Townsite of Aspen, Pitkin County, Colorado,
0
is not within the intent and purpose of Chapter 20 of the
Municipal Code of the City of Aspen and does, therefore,
grant an exemption from the definition of a subdivision for
the purposes aforesaid;
PROVIDED, HOWEVER, that the grant of the foregoing
exemption shall be subject to and conditioned upon compliance
with the provisions of subsections (a) and (b) of Section
20-22 of the Municipal Code of the City of Aspen, as these
particular sections read on August 14, 1978.
DATED:
I, KATHRYN S. KOCH, do hereby certify that the
foregoing Statement of Exemption from the Definition of a
Subdivision was considered and approved by the Aspen City
Council at its regular meeting held
1978, at which time the Mayor, Stacy'Standley, III, was
authorized to execute the same on behalf of the City of
Aspen.
K THRYN S . OCH
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Recorded at 3:27PM March 27,079 Loretta Banner Recorder
Deception No. 212990
AFFIDAVIT OF
MICHAEL OLIVER
Agm
Phtee 3 t 1
MICHAEL OLIVER /covenantor %, for himself, his heirs,
executors, administrators, and assigns hereby covenants with
the City of Aspen, Pitkin County, Colorado that:
1. Michael Oliver is the owner of the following
described property together with the improvements thereon:
Lots K, L, M, N, O, and P, Block 2.0
Townsite of Aspen
2. The above -described property shall be restricted
to six (6) months miniumum leases with no more than two (2)
shorter tenancies in any calendar year.
3. At the time the property is offered for sale, in
whole or in part, the tenant or tenants shall be given notice
of such offer together with the offered price. Each tenant
shall have a ninety -day non -assignable option to purchase the
portion of the property he has under lease at the price
stated in the offer of sale.
4. At the time a bona fide offer to purchase is
made and accepted, the tenant or tenants shall have a ninety -
day exclusive non -assignable right of first refusal to purchase
the portion of the property which he has under lease. In the
event that such offer is made while the ninety -day option is
still in effect, the tenant may purchase the unit for the
amount of the bona fide offer or offered price, whichever is
less.
5. In the event that any improvement or improve-
ments required by Section 20-16 of the Code of the City
of Aspen become, in the sole judgment or discretion of the
City Council of the City of Aspen, necessary or desirable, no
objection will be made to any special assessment or special
tax or proceeding therefor, on the basis that the property is
adequately served by existing improvements, nor on the basis
that the premises will not be served or benefitted by the
improvement or improvements proposed.
6. The covenants contained herein are to run with
the land and shall be binding on all parties and all persons
claiming under them for a period of twenty (20) years from the
date these covenants are recorded, after which time, said
covenants shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by
the City of Aspen and the then record owners of the property
has been recorded, agreeing to change said covenants in whole
or in part or agreeing to release said covenants.
IN WITNESS WHEREOF, this Declaration has been duly
executed this day of j/4!`C`1 1979.
MIC'.HAEL OLIVER
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
The foregoing iAistrument was acknowledged before me
this i�� day of �'"�, .,� 1979, by MICHAEL
OLIVER.
WITNESS my hand and official seal.
My commission expires: MY COMMW W expires NOW. 14. 14 I
Notary Mublic
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TO: RICHARD GRICE
PLANNING
FROM: DAVE ELLIS j
ENGINEERING
DATE: June 1, 1978
RE: Subdivision Exemption Request -
Lots K - P, Block 20, (Oliver)
After reviewing the improvement survey and making a field
inspection of this project the engineering department recommends
granting of the requested exemption without conditions. One com-
ment we do have is that the application appears to request only an
exemption from subdivision for the condominiumization of the du-
plex; however, to avoid the need for future review the applicant
should also request an exemption for the parceling of the six lots
into two three lot sites. Likewise, the engineering department
finds no problem with this request.
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THIRD AMENDMENT
TO
J C �� ON DOMINIUM DECLARATION
� S
FOR
OLIVER-CARR CONDOMINIUMS
(A Condominium)
WHEREAS, the undersigned is the owner of Lots K, L,
M, N, 0 and P, Block 20, City and Townsite of Aspen, Pitkin
County, Colorado; and
WHEREAS, the undersigned has filed a condominium map
for the Oliver -Carr Condominiums which is recorded in Book
at Page of the records of Pitkin County and has
submitted Lots N, 0 and P, Block 20, City and Townsite of Aspen
to a Condominium Declaration for the Oliver -Carr Condominiums
which is recorded in Book at Page ; and
WHEREAS, it was not the undersigned intention to
submit all six lots referred to above to the condominium map
and Condominium Declaration referred to above, but such action
is required for compliance with the City of Aspen Subdivision
Regulations; and
WHEREAS, it is the intention and the desire of the
undersigned to develop at some future point in time Lots K, L,
and M, Block 20, City and Townsite of Aspen with a single family
residence or duplex structure as permitted by the Zoning Ordinances,
Subdivision Regulations, and Growth Management Plan of the City
of Aspen in effect from time to time; and
WHEREAS, the Condominium Declaration for the Oliver -Carr
Condominium must be admended to provide for the additional sub-
mittal of Lots K, L and M, Block 20, City and Townsite of Aspen,
NOW THEREFORE the Condominium Declaration for the
Oliver -Carr Condominiums is hereby amended as follows:
1. The undersigned hereby submits Lots K, L and M,
Block 20, City and Townsite of Aspen, Pitkin County, Colorado,
to the condominium map and Declaration for Oliver -Carr
Condominiums referred to above.
2. Paragraph 28 shall read as follows:
Future Development - (i) The undersigned hereby
reserves the right to develop for his sole benefit
and profit Lots K, L and M, Block 20, City and
Townsite of Aspen, Pitkin County, Colorado with
a single family residence or duplex structure as
may be allowed under the applicable zoning
ordinances, subdivision regulations, or growth
management plans of the City of Aspen in effect
from time to time. Said right to develop shall
be freely assignable; (ii) The Condominium Declar-
ation of the Oliver -Carr Condominiums is hereby
subject to development rights of the undersigned
of Lots K, L and M, Block 20, as reflected herein;
(iii) until such time as Lots K, L and M are
developed, the undersigned shall bear all the
real property taxes and special assessments on
account of said property and shall notify the
Assessor of Pitkin County that said Lots shall be
assessed separately to the undersigned and or his
assigns.
3. Paragraph 29 shall read as follows:
Future Submittal to Condominium Declaration. In
the event the undersigned develops Lots K, L and
M, Block 20, City and Townsite of Aspen, the
improvements are so developed shall be subject
to the provisions of the Condominium Declaration
of the Oliver -Carr Condominiums as recorded in
Amendment and from time to time to incorporate
provisions for the new improvements contemplated
herein. The undersigned shall bear the entire
cost of said documentation, and the same shall be
submitted for approval to the owners of Unit A and
Unit B, Oliver -Carr Condominiums for their approval.
DATED this Z day of 44
1' / ,1979.
Michael D. Oliver
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoi ins rument was acknowledged before me
this day of 1979, by Michael D.
Oliver.
Witness my hand and official seal.
My commission expires: I( - 1-1 - 7�
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M E M O R A N D U M
TO: Aspen City Council
FROM: Planning Office, Richard Grice
RE: Oliver - Subdivision Exemption
DATE: June 22, 1978
This application requests exemption from Subdivision regulations
for the purpose of Condominization of a duplex which is presently
under construction on Lots N, 0, & P, Block 20, City of Aspen.
Dave Ellis, City Engineer, has reviewed the improvement survey
and conducted a site inspection. Dave finds no problems with
the application and recommends approval without condition.
Marc Danielson recommends approval subject to a six month mini-
mum lease.
The Aspen Planning and Zoning Commission at their regular meeting
on June 6, 1978 recommended approval subject to a six month min-
imum lease.
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M E M O R A N D U M
TO: Aspen Planning and Zoning Commission
FROM: Planning Office, Richard Grice
RE: Oliver - Subdivision Exemption
DATE: June 1, 1978
This application comes from Michael Oliver and requests exemption from
Subdivision regulations for the purpose of Condominization of a duplex
which is presently under construction on Lots N, 0, & P, Block 20, City
of Aspen.
Dave Ellis, City Engineer, has reviewed the improvement survey and conducted
a site inspection. Dave found no problems with the property and recommends
approval without condition.
Marc Danielson recommends approval subject to a six month minimum lease.
It should be noted that the applicant owns a total of six contigious lots
in Block 20, Lots K, L, M, N, 0, and P. This exemption if granted will
apply to only the duplex under construction and does not constitute a
subdivision of Lots K, L, M from Lots N, 0, P. Ordinance #4 prohibits the
granting of a subdivision request in the absence of a development allotment.
The Planning Office feels that this ememption request should be granted
conditional upon approval of the condominium declarations by the City
Council prior to granting the exemption.
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M E M O R A N D U M
TO: Marc Danielson, Housing Director
Dave Ellis, City Engineer
FROM: Richard Grice, Planning Office
RE: Oliver Duplex Condominiumization
DATE: May 17, 1978
The attached application seeks the condominiumization of a duplex
which is presently under construction. This item is tentatively
scheduled for the June 6th City P&Z agenda. Could I please have
your comments by May 31st? Please let me know if this date presents
problems.
Thank you.
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FEE SCHEDULE
(Subdivision, Exemption from Subdivision, Rezoning, Park Dedication)
Name of Project: 15-1- Ci e, p ;-,N
ilk ;Zo, & 7-S iV
Address:.. I k L c S /U, 6
Appl icant.'•s Name: Phone: I ZC-l'IIEl
Applicant's Address: o x 10153, /HsFi�w
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptual $100 + $5.00/dwelling unit
Preliminary $22.00/dwelling unit
Final $3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual $100 + $60.00/acre of land
Preliminary $280.00/acre of land
Final $35.00/acre of land
EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE:
REZONING APPLICATION FEE: $125.00 (once a year)
PARK DEDICATION FEE SCHEDULE
RICO^t) OF lt•° Lr,ti•rs
current mlrket value of a percentage of the
land proposed as the develcp,*ncnt site, the
percentage of the land beinn determined at the
rate of two and one-half (21,) acres for every
one thousand (1,000) residents of the proposed
development (that is, the number of residents
multiplied by twenty-five tell thousandths
(.0025) of an acre per resident). The number
of residents attributable to the development
shall be calculated in the following manner:
Type of Dwelling Nur..bcr of Residonts
Per Dwe1::n:.
Multi -Family
studio 1.0
one bedroom 1.3
two bcdreom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
Single Family or Duplex
one bedroom 1.3
two bcdrz:m 2.7
three bcd_oca 4.0
and 1.3 for each additional bedroom
A duplex structure sha11 constitute two dwelling
unitr :or tau purposes c: suoscction.
(3) An example of the application of the above
formula follow::, a::::...:r.a the c:a: tru.:tion
of one slnolc f.r.:ily rr•:i.:,•nc: :anta.•,..no two
brdrou-..:. on a lot cunt.11n.r:1 1�.Ouu s :•Ire lent
with a market v.Ilue of 5115,000.00 (or $4.33 per
square foot):
2.7 (2 hr,1tc,.m - 2.7 rvnillents) x 0.W' acres
X 43.560 (::du.lre trot por acre) x ;4J1 (n,ir-
krt valor. of land !v t :..,t:,1tr Lout)
(h) Unimprov,-d ).rtxl ::hall br al•)•t.ti!;ed at the
rill-lonl r.•t..l volklo of th. tt. In.lu.11n.i it;- Value
8tttI L::.11•!" 11%ru1:,, 11111t,-t:., tt,�•t, ...:••1..11k
ra.1 utill: I: t.11l„1 t•. t c: 1. .r
je.•.t:..n.•r lr....t.•e� .tu.. 1:-' . {., dp•!>1.... ,i .�.. t.,:..:n..
to ll„ Ir'h 1.lt t ., ,..1 1„ I u:.. t..i.t 1.1 u1t.• %'011. 1,1, L.+-
tleal e•\1't 1:t•1 "tll. ;ulr•. 1.•h. tIt• n: tTl ,l t11,'Y .t Ir
et) nt �t min.,. S.0 1,1 v.11 it, - nt.n !•.• !.tIl-t.Int latr.l 1•Y
a do, ,1111,•Ille•,l Itnl L}1.1 '.r 11l 1,.,' ( 11 .11) .II f11e t. ll lt•It h
tlan:•a. ! l-11 flot I...,it• lll.ut 14•., •. ,i ,•1.11 ,,: 1 •t':•,,
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RE CORD: N 75 09: 11':, W - ------- - -
F .ND: FIELF, N 74' 59 27 W 180 12 FOUND:
CITY MONUMENT 180.02 ROUND HEAD IN FENCE
LIGHT P01 E ♦ 0 FIRE HYD.
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SCALE: I"= 10'
BASIS OF BEARING: FOUND CITY MONUMENTS, SOUTHWEST CORNER
BLOCK 20 TO THE SOUTHEAST CORNER BLOCK 20, S 75"Zn'l I" E 270.18
1, JAMES F RESER, HEREBY CERTIFY THAT THIS MAP ACCURATELY
DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON MARCH 30,1978
OF LOTS K-P, BLOCK 20 CITY OF ASPEN , PITKIN COUNTY, COLORADO.
TRI-CO MANAGEMENT ES F RESER
APRIL 4 1978 /'L-S.9f84