HomeMy WebLinkAboutcoa.lu.ec.330 Lake Ave.A6-92HUME LOT SPLIT
2735-121-07-002 A6-92
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 1 22 92 PARCEL ID AND CASE NO.
DATE COMPLETE: 1 2735-121-07-002 A 6-92
STAFF MEMBER:- LL
PROJECT NAME: Hume Lot Split
Project Address: 330 Lake Avenue, Aspen, CO 81611
Legal Address: Lots 5, 6, 7, 8 and 9, Block 103, Hallam S/D
APPLICANT: Anthony Hume, Regency Plaza, Suite 1475, 214-522-7979
Applicant Address: 3710 Rawlins, L.B. 40, Dallas, TX 75219
REPRESENTATIVE: Gideon Kaufman
Representative Address/Phone: 315 East Hyman Avenue, Suite 305
Aspen, CO 81611 925-8166
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PAID:(YES) NO AMOUNT: $2121 NO. OF COPIES RECEIVED 5/1
TYPE OF APPLICATION:
P&Z Meeting Date
1 STEP: 2 STEP: X
PUBLIC HEARING: YES NO
Ala L/ VESTED RIGHTS: YES NOr
CC Meeting Date 6cif A PUBLIC HEARIN • YE NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
--------------------------
--------------------------
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Aspen Con.S.D.
-----------------------------------
a1;-� c h
Mtn Bell School District
Parks Dep Rocky Mtn NatGas
Holy Cross State HwyDept(GW)
Fire Marshall State HwyDept(GJ)
Building Inspector
Roaring Fork Other
Energy Center
DATE REFERRED : l - 2 �� / ��- INITIALS:
FINAL ROUTING: DATE ROUTED: U' �? INITIAL:,%/U
City Atty City En, eer �}o ing E v.� He h
Housi�n
ng � Other: �`�Tv
FILE STATUS AND LOCATION:
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#347611 00911/92 09:28 Rec $15.00
Silvia Davis, FitE::in Cnty C1erE:, oc 663 PG 858
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STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS FOR
THE PURPOSE OF THE SPLIT OF LOTS 5 6 7 8 and 9 BLOCK 103
HALLAM SUBDIVISION, CITY AND TOWNSITE OF ASPEN
WHEREAS, TEAM BANK and ANTHONY HUME AS CO -TRUSTEES OF THE
ESTATE OF JAMES P. HUME, DECEASED (hereinafter collectively
"Applicant"), are the owners of a parcel of real property
located in the City of Aspen, Pitkin County, Colorado,
described as Lots 5, 6, 7, 8 and 9, Block 103, Hallam
Subdivision, City and Townsite of Aspen; and
WHEREAS, Applicant has requested an exemption pursuant to
§24-8-104(C)(1)(a) of the Muncipal Code of the City of Aspen of
a split of such lot (the "Lot Split"); and
WHEREAS, the Aspen City Council determined at its meeting
of April 13, 1992, that such exemption was appropriate and
granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the application for exemption from the full
subdivision process for the purpose of the above -described Lot
Split is proper, and hereby grants an exemption from the full
subdivision process for such Lot Split.
PROVIDED, HOWEVER, that the foregoing subdivision
exemption is expressly conditioned upon:
1. That the Final Plat of Lot Split (the "Final Plat")
depicting the Lot Split shall be filed with the Pitkin County
Clerk and Recorder within one hundred eighty (180) days of the
approval date thereof.
2. An Accessory Dwelling Unit must be included on the
newly created lot as this is a requirement of the Lot Split.
Tile Accessory Dwelling Unit must comply with the Housing
Authority's requirements, and must receive Conditional Use
approval by the Aspen Planning and Zoning Commission.
3. Prior to issuance of any building permits, Deed
Restrictions for the Accessory Dwelling Unit shall be approved
by the Housing Authority and recorded by the Pitkin County
Clerk and Recorder.
4. The Applicant shall consult City Engineering for
design considerations of development within public right-of-ways,
and shall obtain permits for any work or development within
public right-of-ways from City Streets Department.
5. The Applicant shall agree to join any future
improvement districts which may be formed for the purpose of
constructing improvements in the public right-of-way.
- 1 -
a
b
and shall include the following:
a. Final plat contents shall comply with Section 24-7-1004-
D.2 of the Municipal Code. There must be language on the plat
that states that all easements indicated on title policy No.
, dated (within past twelve months) have been shown
on the plat. The plat must show Hallam Addition lot and block
lines and designations. The plat shall contain a note that
states that a permit is required from the City Public Works
Agency for any work performed in the public right-of-way.
b. A note indicating that prior to issuance of a building
permit for development on lot 2, the applicant shall submit
a drainage plan to the Engineering Department.
c. All fences shall be depicted on the plat to determine
the fence location and the ownership of the property.
d. A note referencing the Environmentally Sensitive Area and
shall read as follows: Any development on these lots is
subject to review for compliance with Ordinance No. 71 (Series
of 1990) .
e. The plat shall provide one 41x4' (four foot by four foot)
utility pedestal easement and lot line and transformer utility
easement as needed.
2. Prior to final plat approval an encroachment license shall be
obtained for the fence on proposed lot 2.
3. A Subdivision Exemption Agreement listing the conditions of
approval shall be recorded with the final plat.
4. An Accessory Dwelling Unit must be included on the newly
created lot as this is a requirement of the Lot Split. The
Accessory Dwelling Unit must comply with the Housing Authority's
requirements and must receive Conditional Use approval by the Aspen
Planning and Zoning Commission.
5. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Unit shall be approved by the Housing
Authority and recorded by the Pitkin County Clerk and Recorder's
Office.
6. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way.
8. The applicant shall remove the fence along the ditch easement
ORDINANCE NO. 15
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION FOR A LOT SPLIT, 330 LAKE AVENUE, LOTS 5,6,7,8 AND 9,
BLOCK 103, HALLAM SUBDIVISION, CITY AND TOWNSITE OF ASPEN.
WHEREAS, pursuant to Section 24-8-104 C.1.(a) of the Municipal Code
the applicant, Anthony Hume, has submitted an application to a lot
split; and
WHEREAS, a lot split shall be considered a subdivision exemption
subject to review by the City Council; and
WHEREAS, the staff has reviewed the lot split application and has
found that the two created lots conform to the minimum lot size of
the underlying zoning of R-6, the parcel has not been subject to
subdivision by the Board of County Commissioners or City Council
or subdivision after March 14, 1969, and a final plat shall be
filed with the City Clerks office containing all pertinent notes
regarding future development; and
WHEREAS, staff recommends to the City Council approval of the lot
split with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That it does hereby approve the lot split for the property located
at 330 Lake Avenue, Lots 5, 6, 7, 8 and 9, Block 103, Hallam
Subdivision, with the following conditions:
1. A plat shall be filed with the Pitkin County Clerk and
Recorder within 180 days of final approval. The plat shall be
reviewed and approved by the Engineering and Planning Departments
1 0 0
so as not to obstruct ditch maintenance if in fact maintenance is
obstructed.
Section 2•
That the City Clerk be and hereby is directed, upon the adoption
of this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
Section 3•
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 4•
This Ordinance shall not effect any existing litigation and shall
i
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the 23th
day of March, 1992 at 5:00 P.M. in the City Council Chambers, Aspen
City Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of
1992.
0
•
ATTEST:
zaeel-
K.m'--hryn Koch, City Clerk
5. !�
John Bennett, Mayor
FINALLY, adopted, passed and approved this /3 day of
1992.
John gennett, Mayor
ATTEST:
Kathryn Koch, City Clerk
#34 7 61 1 ( AZT! 1 1 /92 09: 28 Rec $ 15. 00 Bk--45 PG 859
Silvia Davis, Pitkin Cnty Clerk:, Doc $.00
6. The Applicant shall remove the fence along the ditch
easement so as not to obstruct ditch maintenance, if necessary.
DATED this day of
TEAM BANK, as Co -Trustee of
the Estate of James P. Hume,
Deceased
By I c;e L Vc�i
APPROVED AS TO FORM:
City Attorney
, 1992.
ANTHONY HUME, as Co -Trustee
of the Estate of James P.
Hum ece d
ANT ONY UME
CITY OF ASPEN, a municipal
corporation
By
John ennett, Mayor
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for
the Purpose of the Split of Lots 5, 6, 7, 8, and 9, Block 103,
Hallam Subdivision, City and Townsite of Aspen, was considered
and approved by the Aspen City Council at its regular meeting
held , 1992, at which time the Mayor, John Bennett, was
authorized to execute the same on behalf of the City of Aspen.
Kathryn Koch, City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The for oing instrument was acknowledged before me this
, ay of , 1992, by John Bennett, as Mayo y� anr7.
Kathryn S. Ko , as City Clerk, on behalf of the CI`q OF ASJb�'Py,
a municipal corporation. ..,'� I I U
WITNESS my hand and official seal.
My commission expires: *C0mmiNbn*XPh8WVM2
No ry Public
(NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 3)
- 2 -
#34 i 61 1 08/ 1 1 2 09: 28 Rec $15. C)O Bit: 6850 860
Silvia Davis, Pitkin Cnty Clerk:, Doc $.00
STATE OF S )
ss.
COUNTY OF I S )
The foregoing instrument was acknowledged before me this
day of t,,� , 1992, by ANTHONY HUME, as Co -Trustee of
t e Estate of James P. Hume, Deceased.
WITNESS my hand and official 1.
My ex ires:
PAMELA J. DAVIS `
NOTARY PURLLIC
'; Go State of Texas Notary Public
Comm. Exjp, 04-20.96
STATE OF Q -S )
� -', ) s s .
COUNTY OF / A ►'ra k _ )
The foregoing instrument was acknowledged before me this
`day of V k ke, , 1992, by TEAM BANK, as Co -Trustee of the
Estate of James P. Hume, Deceased.
WITNESS my hand and official seal.
My commission expires:
*� �' GLEN J. TURNER, Notary Pubfie
* In and for the State of Texas
���._.. + Commission Expires 05-27.94 6
\hume\subexemp.agr
Notary P'idbllc
- 3 -
MAR 3 I IM
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
GIDEON 1. KAUFMAN
BOX 10001
TELEPHONE
315 EAST HYMAN AVENUE, SUITE 305
AREA CODE 303
925-8186
ASPEN, COLORADO 81611
TELEFAX 925-1090
March 27, 1992
VIA FACSIMILE TRANSMISSION
Ms. Diane Moore, Director
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Code Interpretation/Hume Lot Split
Dear Diane:
Pursuant to our phone calls and my conversations with
Leslie Lamont, it is my understanding that you, as Planning
Director, are going to render an interpretation of the lot area
definition in the Aspen Municipal Code. This interpretation
will be placed in the City book containing Code
interpretations. The interpretation will state that, when
calculating Floor Area Ratio ("FAR"), the area involved in the
granting or enlargement of a ditch easement will not be
excluded from FAR calculations. It is obviously not in the
City's best interest to penalize someone for granting or
enlarging a ditch easement to the City.
Since a ditch easement is an amenity to a lot, and does
not detract from the overall size of a lot, it makes no sense
to exclude the area surrounding a ditch from FAR calculations.
In addition, a party could place a ditch underground, which
obviously is an unnecessary expense, in order to get the
benefit of the FAR.
I understand that things are hectic with your trip to
Europe, but I hope that we can get this resolved before you
leave so that we are able to proceed with the Hume Lot Split on
the April 13 agenda. Thank you very much for your prompt
attention and consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professio Corporation
B (�,)
Y ff
Gid n Kaufman
GK/bw
cc: Anthony Hume
cc: Leslie Lamont
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Director
FROM: Leslie Lamont, Planner
RE: Hume Subdivision Exemption for a Lot Split, Second
Reading Ordinance 15, Series of 1992
DATE: April 13, 1992
SUMMARY: The applicant, Anthony Hume, seeks a subdivision
exemption for a lot split. This application is only for the lot
split and future development of the parcel will require additional
reviews. Lot splits are exempt from general subdivision
requirements, but require City Council approval.
Council held first reading of Ordinance 15, Series of 1992 at the
March 9, 1992 meeting.
ZONING: R-6, Medium Density Residential, 330 Lake Avenue
COUNCIL GOALS: This proposal reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: The applicant seeks to split an approximately one acre
(43,450 sq. ft.) parcel into two lots. The site is located in the
R-6 Zone district. A single family home and barn occupy a portion
of the site.
The lot split is for estate purposes and the applicant does not
intend to develop the lot. When the newly created lot is developed
that development will be subject to other pertinent reviews
including Environmentally Sensitive Area review for Hallam Lake and
conditional use review for an accessory dwelling as required by
the lot split.
REFERRAL COMMENTS:
Engineering: Having reviewed the above referenced application, and
having made a site inspection, the Engineering Department has the
following comments:
1. There is a ditch easement indicated along the northerly property
line. The width is indicated as 4' (four feet). There is a split
rail fence alongside the ditch. The fence is not indicated on the
plat. It must be indicated on the plat in order to determine on
whose property the fence is located. The fence is an obstacle to
1
0
maintaining the ditch. It was reported that the horse paddock, the
corral, floods historically if the ditches are not well maintained.
We recommend a condition of approval that requires the applicant
to upgrade the width of the ditch easement to 8' (eight feet) and
to relocate the fence (if it is on her/his property), in
consultation with the street superintendent, so as not to obstruct
ditch maintenance.
2. The note regarding the Environmentally Sensitive Area must be
rewritten approximately as follows: Any development on these lots
is subject to review for compliance with Ordinance No. 71 (Series
of 1990) .
3. The applicant shall consult with Holy Cross Electric Association
(Bob Ballenger, 945-5491) and shall provide lot line and
transformer utility easements as needed. In addition, the plat
shall provide one 41x4' (four foot by four foot) utility pedestal
easement.
4. There is an existing, encroaching fence on proposed Lot 2. The
applicant must obtain an encroachment license prior to final
approval of the plat. (Please advise the applicant of the new
encroachment procedures per Ordinance No. 11, Series of 1992, which
provide for a generally more streamlined process. That is,
encroachment licenses are no longer reviewed by Council.)
5. Final plat contents shall comply with Section 24-7-1004-D.2 of
the municipal code. There must be language on the plat that states
that all easements indicated on title policy No. , dated
(within past twelve months) have been shown on the plat. The plat
must show Hallam Addition lot and block lines and designations.
The plat shall contain a note that states that a permit is required
from the City Public Works Agency for any work performed in the
public right-of-way.
6. Given the continuous problems of unapproved work and development
in public rights -of -way, we would advise the applicant as follows:
The applicant shall consult City Engineering for design
considerations of development within public rights -of -
way and shall obtain permits for any work or development
within public rights -of -way from City Streets Department.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way.
Parks: The existing ditch is a City ditch serving street drainage
and runoff purposes. The Streets and Parks Departments, both of
whom maintain the ditch, have confirmed that the ditch is need of
repair. Although a provision of the Erdman Lot Split (the property
north of the Hume parcel) was repair of the ditch, if any
2
improvements to the ditch are done by the Hume Is or prospective
buyer of Hume Lot 2 repairs should occur on the north side of the
ditch line only in order to protect existing trees.
For ditch maintenance purposes both Departments request a minimum
6 foot easement and will not accept culverts. The ditch shall
remain an open ditch for maintenance, access and tree irrigation
purposes. Notes shall be included on the final plat regarding
ditch maintenance and easements.
PROJECT DISCUSSION: Pursuant to Section 7-1003 A.2. of the Aspen
Land Use Code the following review criteria shall be considered
for all lot splits:
A. The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the City
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 14, 1969.
RESPONSE: The property is not located in a subdivision that was
approved by either the Pitkin County Board of County
Commissioners or the City Council. The property has not been
subdivided since the adoption of subdivision regulations.
B. No more than two (2) lots are created by the lot split and both
lots conform to the requirements of the underlying zone district.
The applicant commits that any lot for which development is
proposed will contain an Accessory Dwelling Unit. When there is
demolition on the property, which makes it subject to the provision
of Art. 5, Div. 7, Replacement Housing Program, the standards of
that program shall supersede these requirements.
RESPONSE: No more than two lots are being created and both
conform to the underlying zone district requirements. The
newly created lots will be 26,600 s.f. and 16,850 s.f. These
lots comply with the 6,000 s.f. minimum lots for the R-6 Zone
District for single family residences. The applicant
understands that any lot for which development is proposed
must contain an Accessory Dwelling Unit as required by Land
Use Regulations.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to Sec. 8-104 (C) (1)
(a) .
RESPONSE: The lot has not previously received a lot split
exemption nor any other subdivision exemption.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
3
•
lots nor will additional units be built without receipt of
applicable approvals pursuant to this Article and growth management
allocation pursuant to Art. 8.
RESPONSE: The applicant has offered a draft plat to be
reviewed by the Engineering and Planning Departments. The
plat includes a note that a subdivision plat will be recorded
after approval indicating that no further subdivision may be
granted for these lots, and that any further units will be
developed under the provisions of Article 7 and Growth
Management allocations of Article 8. The plat shall also
contain language referring to any new development shall be
subject to compliance with the Hallam Lake ESA Ordinance 71,
Series of 1991.
RECOMMENDATION: Planning staff recommends approval of the Hume
lot split request with the following conditions:
1. A plat shall be filed with the Pitkin County Clerk and
Recorder within 180 days of final approval. The plat shall be
reviewed and approved by the Engineering and Planning Departments
and shall include the following:
a. Final plat contents shall comply with Section 24-7-1004-
D.2 of the Municipal Code. There must be language on the plat
that states that all easements indicated on title policy No.
, dated (within past twelve months) have been shown
on the plat. The plat must show Hallam Addition lot and block
lines and designations. The plat shall contain a note that
states that a permit is required from the City Public Works
Agency for any work performed in the public right-of-way.
b. A note indicating that prior to issuance of a building
permit for development on lot 2, the applicant shall submit
a drainage plan to the Engineering Department.
C. All fences shall be depicted on the plat to determine the
fence location and the ownership of the property.
d. A note referencing the Environmentally Sensitive Area and
shall read as follows: Any development on these lots is
subject to review for compliance with Ordinance No. 71 (Series
of 1990) .
e. The plat shall provide one 4'x 4' (four foot by four foot)
utility pedestal easement and lot line and transformer utility
easement as needed.
2. Prior to final plat approval, an encroachment license shall
be obtained for the fence on proposed lot 2.
3. A Subdivision Exemption Agreement listing the conditions of
4
•
Ll
approval shall be recorded with the final plat.
4. An Accessory Dwelling Unit must be included on the newly
created lot as this is a requirement of the Lot Split. The
Accessory Dwelling Unit must comply with the Housing Authority's
requirements and must receive Conditional Use approval by the Aspen
Planning and Zoning Commission.
5. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Unit shall be approved by the Housing
Authority and recorded by the Pitkin County Clerk and Recorder's
Office.
6. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way.
8. The applicant shall remove the fence along the ditch easement
so as not to obstruct ditch maintenance.
PROPOSED MOTION: I move to read Ordinance 15, Series of 1992 for
the Hume Lot Split. I move to adopt Ordinance 15, Series of 1992
on second reading.
CITY MANAGER'S COMMENTS:
ATTACHMENTS: "A" - Ordinance 15
"B" - Proposed Plat
5
I e�IR N."111 VT1
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Direc
FROM: Leslie Lamont, Planner
DATE: February 24, 1992
RE: Hume Subdivision Exemption for a Lot Split, First Reading
Ordinance /_�, Series of 1992
------------------- ------------------------------------------
---------------------------------------------------------------
SUMMARY: The applicant, Anthony Hume, seeks a subdivision
exemption for a lot split. This application is only for the lot
split and future development of the parcel will require additional
reviews.
Lot splits are exempt from general subdivision requirements, but
require City Council approval. Subdivision is approved by
ordinance.
ZONING: R-6, Medium Density Residential
COUNCIL GOALS: This proposal reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: The applicant seeks to split an approximately one acre
(43,450 sq. ft.) parcel into two lots. The site is located in the
R-6 Zone district. A single family home and barn occupy a portion
of the site.
The lot split is for estate purposes and the applicant does not
intend to develop the lot. When the newly created lot is developed
that development will be subject to other pertinent reviews
including Environmentally Sensitive Area review for Hallam Lake and
conditional use review for an accessory dwelling as required by
the lot split.
REFERRAL COMMENTS:
Engineering: Having reviewed the above referenced application, and
having made a site inspection, the Engineering Department has the
following comments:
1. There is a ditch easement indicated along the northerly property
line. The width is indicated as 4' (four feet). There is a split
rail fence alongside the ditch. The fence is not indicated on the
plat. It must be indicated on the plat in order to determine on
whose property the fence is located. The fence is an obstacle to
1
maintaining the ditch. It was reported that the horse paddock, the
corral, floods historically if the ditches are not well maintained.
We recommend a condition of approval that requires the applicant
to upgrade the width of the ditch easement to 8' (eight feet) and
to relocate the fence (if it is on her/his property), in
consultation with the street superintendent, so as not to obstruct
ditch maintenance.
2. The note regarding the Environmentally Sensitive Area must be
rewritten approximately as follows: Any development on these lots
is subject to review for conformance with Ordinance No. 71 (Series
of 1990) .
3. The applicant shall consult with Holy Cross Electric Association
(Bob Ballenger, 945-5491) and shall provide lot line and
transformer utility easements as needed. In addition, the plat
shall provide one 4'x4' (four foot by four foot) utility pedestal
easement.
4. There is an existing, encroaching fence on proposed Lot 2. The
applicant must obtain an encroachment license prior to final
approval of the plat. (Please advise the applicant of the new
encroachment procedures per Ordinance No. 11, Series of 1992, which
provide for a generally more streamlined process. That is,
encroachment licenses are no longer reviewed by Council.)
5. Final plat contents shall comply with Section 24-7-1004-D.2 of
the municipal code. There must be language on the plat that states
that all easements indicated on title policy No. , dated
(within past twelve months) have been shown on the plat. The plat
must show Hallam Addition lot and block lines and designations.
The plat shall contain a note that states that a permit is required
from the City Public Works Agency for any work performed in the
public right-of-way.
6. Given the continuous problems of unapproved work and development
in public rights -of -way, we would advise the applicant as follows:
The applicant shall consult City Engineering for design
considerations of development within public rights -of -
way and shall obtain permits for any work or development
within public rights -of -way from City Streets Department.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way.
Parks: The existing ditch is a City ditch serving street drainage
and runoff purposes. The Streets and Parks Departments, both of
whom maintain the ditch, have confirmed that the ditch is need of
repair. Although a provision of the Erdman Lot Split (the property
north of the Hume parcel) was repair of the ditch, if any
2
improvements to the ditch are done by the Hume Is or prospective
buyer of Hume Lot 2 repairs should occur on the north side of the
ditch line only in order to protect existing trees.
For ditch maintenance purposes both Departments request a minimum
6 foot easement and will not accept culverts. The ditch shall
remain an open ditch for maintenance, access and tree irrigation
purposes. Notes shall be included on the final plat regarding
ditch maintenance and easements.
PROJECT DISCUSSION: Pursuant to Section 7-1003 A.2. of the Aspen
Land Use Code the following review criteria shall be considered
for all lot splits:
A. The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the City
Council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 14, 1969.
RESPONSE: The property is not located in a subdivision that was
approved by either the Pitkin County Board of County
Commissioners or the City Council. The property has not been
subdivided since the adoption of subdivision regulations.
B. No more than two (2) lots are created by the lot split and both
lots conform to the requirements of the underlying zone district.
The applicant commits that any lot for which development is
proposed will contain an Accessory Dwelling Unit. When there is
demolition on the property, which makes it subject to the provision
of Art. 5, Div. 7, Replacement Housing Program, the standards of
that program shall supersede these requirements.
RESPONSE: No more than two lots are being created and both
conform to the underlying zone district requirements. The
newly created lots will be 26,600 s.f. and 16,850 s.f. These
lots comply with the 6,000 s.f. minimum lots for the R-6 Zone
District for single family residences. The applicant
understands that any lot for which development is proposed
must contain an Accessory Dwelling Unit as required by Land
Use Regulations.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to Sec. 8-104 (C) (1)
(a) -
RESPONSE: The lot has not previously received a lot split
exemption nor any other subdivision exemption.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
3
0
E
lots nor will additional units be built without receipt of
applicable approvals pursuant to this Article and growth management
allocation pursuant to Art. 8.
RESPONSE: The applicant has offered a draft plat to be
reviewed by the Engineering and Planning Departments. The
plat includes a note that a subdivision plat will be recorded
after approval indicating that no further subdivision may be
granted for these lots, and that any further units will be
developed under the provisions of Article 7 and Growth
Management allocations of Article 8. The plat shall also
contain language referring to any new development shall be
subject to compliance with the Hallam Lake ESA Ordinance 71,
Series of 1991.
RECOMMENDATION: Planning staff recommends approval of the Hume
lot split request with the following conditions:
1. A plat shall be filed with the Pitkin County Clerk and
Recorder within 180 days of final approval. The plat shall be
reviewed and approved by the Engineering and Planning Departments
and shall include the following:
a. Final plat contents shall comply with Section 24-7-1004-
D.2 of the Municipal Code. There must be language on the plat
that states that all easements indicated on title policy No.
, dated (within past twelve months) have been shown
on the plat. The plat must show Hallam Addition lot and block
lines and designations. The plat shall contain a note that
states that a permit is required from the City Public Works
Agency for any work performed in the public right-of-way.
b. The final plat shall include a note indicating that prior
to issuance of a building permit for development on lot 2, the
applicant shall submit a drainage plan to the Engineering
Department.
C. All fences shall be indicated on the plat in order to
determine on whose property the fence is located.
d. The final plat shall includes a note referencing the
Environmentally Sensitive Area and shall read as follows: Any
development on these lots is subject to review for conformance
with Ordinance No. 71 (Series of 1990).
e. The plat shall provide one 41x 4' (four foot by four foot)
utility pedestal easement and lot line and transformer utility
easement as needed.
2. Prior to final plat approval, an encroachment license shall
be obtained for the fence on proposed lot 2.
4
•
•
3. A Subdivision Exemption Agreement listing the conditions of
approval shall be recorded with the final plat.
4. An Accessory Dwelling Unit must be included on the lot for
which development is proposed as a requirement of this Lot Split.
The Accessory Dwelling Unit must comply with the Housing
Authority's requirements and must receive Conditional Use approval
by the Aspen Planning and Zoning Commission.
5. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Unit shall be approved by the Housing
Authority and recorded by the Pitkin County Clerk and Recorder's
Office.
6. The applicant shall consult City Engineering for design
considerations of development within public rights -of -way and shall
obtain permits for any work or development within public rights -
of -way from City Streets Department.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way.
8. The applicant shall upgrade the width of the ditch easement
to 6' (six feet) and should consider relocating the fence in
consultation with the Street Superintendent and Parks Department
so as not to obstruct ditch maintenance. Notes shall be included
on the final plat regarding ditch maintenance and easements.
PROPOSED MOTION: I move to read Ordinance 1 , Series of 1992 for
the Hume Lot Split. I move to approve Ordinancei_S Series of 1992
on first reading.
CITY MANAGER'S COMMENTS:
ATTACHMENTS: "A" - Proposed Plat
"B" - Ordinance /5
5
MEMORANDUM
TO: City Engineer
Parks Department
FROM: Leslie Lamont, Planning Office
RE: Hume Lot Split
DATE: January 28, 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
Please review and comment on the attached application from Anthony
Hume requesting a division of a lot for the purposes of developing
one detached single-family dwelling on a lot which ha not been
previously split. I would appreciate any comments you may have be
back to me by February 12, 1992.
Parks Department, please address the issue of the ditch easement.
Thank you.
.t
C
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer C7C
Date: February 12, 1992
Re: Hume Lot Split
Having reviewed the above referenced application, and having made a site inspection,
the engineering department has the following comments:
1. There is a ditch easement indicated along the northerly property line. The width is
indicated as 4' (four feet). There is a split rail fence alongside the ditch. The fence is
not indicated on the plat. It must be indicated on the plat in order to determine on
whose property the fence is located. The fence is an obstacle to maintaining the ditch.
It was reported that the horse paddock, the corral, floods historically if the ditches are
not well maintained. We recommend a condition of approval that requires the applicant
to upgrade the width of the ditch easement to 8' (eight feet) and to relocate the fence (if
it is on her/his property), in consultation with the street superintendent, so as not to
obstruct ditch maintenance.
2. The note regarding the Environmentally Sensitive Area must be rewritten
approximately as follows: Any development on these lots is subject to review for
conformance with Ordinance No. 71 (Series of 1990).
3. The applicant shall consult with Holy Cross Electric Association (Bob Ballenger, 945-
5491) and shall provide lot line and transformer utility easements as needed. In addition,
the plat shall provide one 4'x4' (four foot by four foot) utility pedestal easement.
4. There is an existing, encroaching fence on proposed Lot 2. The applicant must obtain
an encroachment license prior to final approval of the plat. (Please advise the applicant
of the new encroachment procedures per Ordinance No. 11, Series of 1992, which
provide for a generally more streamlined process. That is, encroachment licenses are
no longer reviewed by Council.)
5. Final plat contents shall comply with Section 24-7-1004-D.2 of the municipal code.
There must be language on the plat that states that all easements indicated on title policy
No. , dated (within past twelve months) have been shown on the plat. The
plat must show Hallams Addition lot and block lines and designations. The plat shall
contain a note that states that a permit is required from the City Public Works Agency
for any work performed in the public right-of-way.
6. Given the continuous problems of unapproved work and development in public rights-
I • •
of -way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way and shall obtain
permits for any work or development within public rights -of -way from city
streets department (920-5130).
7. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
cc: Bob Gish, Public Works Director
cr/M91.69
PUBLIC NOTICE
RE: HUME LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, March 23, 1992 at a meeting to begin at 5:00 pm before the
Aspen City Council, City Council Chambers, 130 South Galena Street,
Aspen, Colorado to consider an application submitted by Anthony
Hume, Regency Plaza, Suite 1475, 3710 Rawlins, L.B. 40, Dallas, TX
75219 requesting approval of a Lot Split. The property is located
at 330 Lake Avenue and is described as Lots 5, 6, 7, 8 and 9, Block
103, Hallam Subdivision. For further information, contact Leslie
Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena St.,
Aspen, CO 920-5090.
s/John Bennett, Mayor
Aspen City Council
Published in The Aspen Times on
City of Aspen Account.
•
•
GIDEON I. KAUFMAN
HAND -DELIVERED
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN, COLORADO 81611
January 17, 1992
TELEPHONE
AREA CODE 303
925-8166
TELEFAX 925-1090
Ms. Leslie Lamont JAN 2 4 69Z
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611 ' c-)-
Re: Hume Lot Split
Dear Leslie:
Pursuant to our numerous conversations and your
pre -application conference with Anthony Hume, please consider
this letter an application for a lot split pursuant to
§7-1003.2 of the Aspen Municipal Code. We are requesting the
division of a lot for the purposes of developing one (1)
detached single-family dwelling on a lot which has not been
previously split.
The land has existed in its present configuration since
the Humes acquired the property in the early 1950s. No more
than two (2) lots will be created by the lot split, both lots
will conform to the requirements of the underlying zone
district, and any new house built on Lot 1 will comply with
accessory dwelling unit requirements. No portion of the
property under consideration has been the subject of an
exemption under the provisions of this article, or a lot split
exemption pursuant to §8-104(C)(1)(a). Enclosed please find
the proposed subdivision plat which will be recorded after
final approvals are obtained, and which contains language
saying that no further subdivision may be granted for these
lots, and that no additional units be built without receipt of
applicable approvals and Growth Management allocation pursuant
to Section 8 of the Aspen Municipal Code.
I believe that this lot split meets the requirements of
subdivision in that the division will assist in the orderly and
efficient development of the City, will insure the proper
distribution of development, and encourages well -planned
subdivision of land by establishing standards for the design of
subdivisions. It also improves land records, coordinates the
construction of public facilities, safeguards the interest of
the public, and promotes the health, safety and general welfare
of the residents of the City of Aspen.
Since a portion of the property falls within the
environmentally sensitive area ("ESA") overlay for Hallam Lake,
the following information is important. No new development is
Ms. Leslie Lamont
January 17, 1992
Page 2
being proposed with this lot split; therefore, the Plat clearly
shows the 15-foot buffer from Hallam Lake, and also shows the
area from the top of the slope that would require an ESA. We
believe that when someone wishes to develop the property, they
will go through Hallam Lake review. We believe that the
enclosed Plat contains full disclosure so that consumer
protection and protection for the City are achieved by the
notice that ESA review standards are required for future
development.
Enclosed please find a check in the amount of $2,121.00, a
copy of the title commitment showing ownership, and a letter
authorizing me to proceed with this application. Because the
client faces a very large estate tax, I would appreciate the
placement of this item on the next available agenda. I believe
that this application requires only a one-step process to the
City Council because this is a lot split without any ESA
impacts. Obviously, when someone wishes to develop, an ESA
review would be appropriate, but, at this time, all we are
doing is subdividing the property and putting proper notices on
the Plat to notify people that an ESA might be required.
Therefore, I do not see why this needs to go to the P&Z at all.
Once you have had an opportunity to review the enclosed,
please contact me about its planning for the next available
schedule. As always, thank you for your help and
consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professional Corporation
By
Gi e n Kaufman
I //
GK/ bw
Enclosures
DEC 30 191 16:56 PITKIN C6Y TITLE AAAAAAAAAAAA
PITKIN couNTY TITLE, INC.
601 EAST HOPKINS, 3RD FLOOR
rincent J. Higezis ASPEN, COLORADO 81611
)resident 303-925--1766 ; 303-925--6527 FAX
DATE: DECOMER 30, 1991
TO: WHEELER SQUARE LAW OFFICES
ATTENTION., GIDEON
Fpa4: VINCE HIGENS
RE: HLM
SHWr 1 OF 6
Including Cover Sheet
WE ARE TRANSMITTING ON A RICOR FAX 1000L
•
Christina Davis
Vice president
SHOULD YOU NOT RECEIVE ALL THE COPIES LISTED ABOVE, PLEASE CALL US AT THE
rUMSM LISTED ABOVE.
P.1/6
DEC 33 '91 16:56 PITKIN COUNTY TITLE AAAAAAAAAAAA
®Commonwealths 0 0
Land Title Insurance Company
COMMITMENT FQR rIr.LE INSURANCE
SCHEDULE A
1. Ejjecyt.Lve date: 12/20/91 @ 8:00 A.M.
2. Pot-Zc y on, p o.P L(_, 4" to be, -LA-&u.e d : -
(a.) ALTA OWfl.ej.' 4 Poti. y--Fojtm 8-1970
(Rev. 10-17-70 E 10-17-84) on 10/21/87
PROPOSED INSURED: PROFORMA
(b) ALTA Loan. Po.P�Lr-g ,
(REV. 10-21-87)
PROPOSED INSURED:
(c) At-ta. Loan CO"t,'ui.at.LOM Pot t,cy , 1975
(Re-v. 10--17-84)
PROPOSED INSURED:
C"e. No. PCT-6084
Amount $ PROFORMA
Pn,e.rn.i.um $ PROFORMA
Amotutit $
Pn,em-i.uam $
Amouri t $
Pn.em-i.um S
Ta.x, c ent . $
3. T-itZo_ to .the. FEE SIMPLE estate oar, .i,rttene.bt �in �e QQnd d¢�,c�rribed on.
n e.6 �vr,e d t.a .i n. Comm. en t 4,6 at..the e64 e.c t..i..v e date, h.eAeo4 v" e d
.i.rL
DAMES P. HUME, AS TRUSTEE UNDER THE PROVISIONS OF A DECLARATION OF
TRUST DATED THE 24TH DAY OF MARCH, 1981.
4. The tared -,L.t4e,,L&e.d .to .i..a to Z,6 Comm-itmen-t i,6 de6c, - bed a� 4 02..-2.ow-6:
REFER TO DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
Count,e"Zgned at.: PITKIN COUNTY TITLE, INC. Sc.h.eduZe, A -PG. 1
601 E. HOPKINS Th,4,6 Commitment. A,6 Zavat-Ld
ASPEN, CO. 8 7 6 1 1 u-n.2e.6.6 the, 1n,1,a i.LrLg
303-925-1766 P.,t,ov�_6Zon_6 and Sche.dur "
Fax 3 0 3- 9 2 5- 6 5 2 7 A and P an.e. a t coshed .
Au, ho,L.i.ze.d oJ4..,ae,,t. on. a,geni
DEC 30 191 16:56 PITICIN COUNTY TITLE AAAAAAAAAAAA • F'• '
®Commonwealth. 0
Land Title Insurance Company
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS NUMBERED FIVE (5), SIX (6), SEVEN (7), EIGHT (8), AND NINE (9) IN
F3LOCK NUMBERED ONE HUNDRED THREE (103) IN HALLAM'S ADDITION TO THE CITY
AND TOWNSITE OF ASPEN,
AND
A TRACT OF LAND SITUATED IN LOTS 5 AND 6, SECTION 12, TOWNSHIP 10
SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF L07 5, BLOCK 103 OF THE HALLAM'S
ADDITION (NOT RECORDED) TO THE TOWN OF ASPEN, WHENCE THE EAST QUARTER
CORNER OF SAID SECTION 12 BEARS S 71'19' E 682.66 FEET; THENCE S 30'50'
w 116.43 FEET; THENCE S 0'08' (,JEST 132.92 FEET; THENCE N 77*55' E 40.0
FEET; THENCE N 5'09' E 124.93 FEET; THENCE N 30050' E 116.43 FEET;
THENCE N 89'52' W 50.0 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORAi)O.
DEC 30 191 16:57 FITKIN COUNTY TITLE AAAAAAAAAAAA • F•4'6
Commonwealth® •
Land Title Insurance Company
SCHEDULE R-SECTION 1
REQUIREMENTS
The, d o.tP-owLng a.ne..the, Aequ.ZAwen t6 to be, compZZed wi the
ITEM (a.) Payment- to OIL 401t, .the a.c.C.ount od the g�can-Lo►tee on. montga,go'-c.d
od the, . utP- con. ,LdeAatZon don. the, "tatc, on. .iatten,L"#t -to be. Zt"ivc.ed.
ITEM (b) P.,o P ems, i.n� iu�.rne n { �) Cat e.a-t i.-mg t- e e eta te, 0& i,n te�c t-o be'
.i.n. wt-e,d mw4t be executed and d"y domed don, n.econd to-w-it:
THIS COMMITMENT IS FURNISHED TO SUPPLY TITLE INFORMATION ONLY, IT IS
NOT A CONTRACT TO ISSUE ANY POLICrES OF TITLE INSURANCE AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICY OF TITLE INSURANCE HEREUNDER.
Th Lz C omm.i.tment- i-e -i.n.0 a t,4,d S cheduZe. B -Sect• on. 1 P9.
t-ke. lk"Wurt�g pn.ou-c A-'-ora.a No. PCT-600'4
A a" 13 an e. attached.
DEC 3DU '91 16:57 PITKIN COUNTY TITLE AAAAAAAAAAAA • P•5/13
Commonwealth. 0
Land 'Title Insurance Company
SCHEDULE 8 SECTION 2
EXCEPTIONS
The pot.i.ey oaL pot Lci e,6 to be LA.6u.e.d w.i.,U c,on ta.i.n axcc� P LOn,a to the.
d ot.tow.i.ng U.Mte.e,6 the .name an.e d-i.-6po-6e.d od to the za�t 4ac tZon. o4 the
Company:
1 . R.Lghtt& on c.ta ix" 04 pa.,x ae-b .i..n po-o-ae b-"on. mot .ehown by the pu bt_-i c
,Le
2. Ea4ement,6, on Gtu.i.m.s o4 ea.aernen. , n,ot .ah.own by .the. pubt-.,c �e.cond.d.
3. D.i_6"9_panc i,", con t Lc t a in bou.ndan y -t.i,n.e,5 , -6kon ta.ge .i& a tea.,
e.nc4oachme.nt-.6, and any d o e t.& which a. coAvicec t -&"Vey aAd -i x" p ect Lon.
o4 the. pn.e.m.i ee.b wou.td di,6eto.6e and wh.Lch a.,Le not .showa by the pubt i,e.
4. An.y .2.LexL, on, AA gh. to a . te-n, 4 o& �6e tvZc" , kab on. o-7, mate n.i�
he,,t.eto4on.e, on. henea4ten 4uAA,"hed,-impo.eed by .taw and mot, shown, by
the pLLM La. 4e.con d.s .
5. Dedecttb, Z.4-e4", en.ctunbAan.ce.a, adven sa ata Lm,6 o& oth.e,, matt.exr a, L4
a.my, , cneat.ed , 4Zn,&t appeaav Ln.g iL the pu bti c n,ecojLd� o& a tt&chZn,g
�sub�e c�u erLt to the. e44 e.ct-Lve. date. he. Leo4 but pa icwt. to the date the.
pjLo p o.se.d in.bu.,c e d aeuui.n" od ne con d �o-,L v atv e. the "t.ate on ;.n t.en eat
on mantgage. then.eon coved by the Commitment-
6 . Tom" due and payo bte,; and a.ny tax., -spec i. a.e.se 4Me-n t, change on.
4_.en trnpo.6ed 4wz, Water- opt, 0-140-IL any other -speC_LaZ
7. RZght of the- pn,op-L&Leto>L 04 a vein o>L Zode to extAa.ct anal remove. h,"
on,e .ah.outd the dame. be- 4ound to pe_me.t,,z . e, o.,L LnteA-6ect
the, p&emZ4e-6 h.e, eby gAavted a.6 ,L"enved i& Un-ited States Patent
n.¢c.on.de.d in. Boo& 55 at Page. 2.
8. Ea.dememt " granted to The C-ity o4 A.6pen -La ;,"tvuanent &econ.ded
September, 13, 1971 .Ln, Sook 257 at Page 721 &a-Ld e,,"ement be.i,n.g 4
�e,et .L& w4.dth and-a_i.,iu.ate.d on Lot. 5, Uoch, 103, Hattam'.b Add. t, Lom
to the C.i.t.y and Town.s;Ae. of A -open.
9. Encnaachrnent as ,skowm om Su�Lve,y by Asper Sun,vey a.a ]ob
No. 21260, date-d 1991.
This comm-itment Zz Zn.va. Ld u.n ee,6.d S4 hAeduAe, B-Sc,,c t-Lom 1 Pg .
the, I n,auA Lng pn o v.L4Zon..s and S c Led"e.s C ornm.itmenx_ No. P C T_ 6 0 8 4
A and B an.e_ a t ta.c Leal .
DEC 88 191 16:58 PITKIN C� Y TITLE AHHHAAAAAAHA • P.6i6
Commitment For Title Insurance
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and Band
to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement_
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shrill
be issued, whichever first occurs, provided that the failure to.issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this ,instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
COMMONWEALTH LAND TITTLE INSURANCE COMPANY
Attest: / r
y
Sctn:txry President
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
PA 3
American Ind Title Association Commitment - 1966
Cover Page
Form 1004-8
TEAMBANK
Team Bank
500 Throckmorton
Post Office Box 2050
Fort Worth, Texas 76113
(817) 884-4000
September 17, 1991
Gideon I. Kaufman
Law Offices
Box 10001
Aspen, CO 81611
Re: Estate of James P. Hume
Dear Mr. Kaufman:
Mr. Anthony Hume has furnished a copy of your August
26, 1991 letter outlining your services for the lot split
of the Hume Aspen property.
Please use this letter as your authorization from Team
Bank as Co -Trustee to proceed with the lot split. You may
direct all questions to Anthony regarding the lot split.
We look forward to your association with Anthony and
Team Bank.
`Sincerely yours,
Bob S. Little
Vice President
and Trust Officer
/jpm
cc: Mr. Anthony Hume
Ms. Bonnie L. Rainey
C,
9
Law Offices
ANTHONY HUME
REGENCY PLAZA, SUITE 1475
3710 RAWLINS, L.B. 40
DALLAS, TEXAS 75219
FAX: 214/520-6432
TEL: 214/522-7979
Gideon L. Kaufman
315 East Hyman Avenue, Suite 305
Aspen, Colorado 81612
January 8, 1992
Re: Proposed Lot Split on Parcel Located At
330 Lake Avenue, Aspen, Pitkin County, Colorado
my file No. 724.10
Dear Mr. Kaufman:
I am writing you this letter as co -trustee of the Trust of
James P. Hume, which owns a parcel of land located at 330 Lake
Avenue, in the City of Aspen, Pitkin County, Colorado. I, as co -
trustee, hereby authorize you to represent -the Trust of James P.
Hume in all matters related to a propos9d lot split of such
property in proceedings before the Aspen or Pitkin County planning
authorities.
Sin r ly,
4Anthony ume
AH:emc
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
January 28, 1992
Mr. Anthony Hume
Regency Plaza, Suite 1475
3710 Rawlins, L.B. 40
Dallas, TX 75219
Re: Hume Lot Split
Case A6-92
Dear Mr. Hume,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for 1st Reading before the Aspen
City Council on Monday, February 24, 1992 at a meeting to begin at
5:00 p.m. Second Reading and Public Hearing will be on March 23,
1992. Should these dates be inconvenient for you please contact
me within 3 working days of the date of this letter. After that
the agenda dates will be considered final and changes to the
schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting
dates, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to
property owners within 300' and to post the subject property with
a sign prior to the public hearing on March 23, 1992. Please
submit a photograph of the posted sign as proof of posting and an
affidavit as proof of mailing prior to the public hearing.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Cindy Chris nsen
Administra ve Assistant
form:complete.cc.ph
April 5, 1994
Dear Mr. Hume,
Several months ago, we spoke by telephone about the property which
you own on Lake Avenue. At that time, I examined the City's map
of Aspen's historic sites and structures and informed you that only
the house at 330 Lake Avenue was designated as historic.
After a recent conversation with Gideon Kaufman, I pulled the file
on that historic resource and found a discrepancy between what the
map and the files identify as historically designated. The legal
description for the property which has a historic overlay is Lots
5,6,7,8 and 9 (now kno�q as Lots 1 and 2), Block 103, Hallam's
Addition to the City of Aspen. I have attached the Inventory form
for 330 Lake Avenue for your reference. This property has had an
historic overlay since 1980.
Ordinance #.15, Series of 1992, which created the "Hume Lot Split,"
did not include any specific discussion of the historic overlay on
the property and therefore did not remove this designation. I
understand that the location of the new lot line was arranged such
that the historic resources (the house and barn) remained on Lot
1 and that new development could take place on Lot 2. This
development may take place, but because of the historic
designation, the Aspen Historic Preservation Committee has design
review authority over both lots. As concerns Lot 2, the Committee
would be interested in a new structure's compatibility with
surrounding historic resources and with the character of the
neighborhood in general.
I truly apologize for having given you incorrect information. 44►
1;-T,r�" L1Sd-�3,��' tYlc�t OLlr r�carci� ���rp npt rnnct ctpnt. Please call
me at 303-920-5096 at your earliest convenience, and I will be
happy to review the implications of historic designation with you.
Sincerely,
Amy Amidon
Historic Preservation Officer
cc: Gideon Kaufman
John Worcester, City Attorney
Diane Moore, City Planning Director
EN/PITKIN PLANNING OFFICE
•
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090
LAND USE APPLICATION FEES
City
00113
-63250-134
GMP/CONCEPTUAL
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE
SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL»a�
Name:s—P,'m
���1L �T�„_=�
Phone:
Address:
Project:
Check #
Date:
Copies received:
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VICINITY MAP
PLAT NOTES
LEGAL DESCRIPTION
LOTS NUMBERED FIVE . SIX (6). SEVEN (7). EIGHT (8) AD
NINE (9) IN BLOCK NUMBERED ONE HUNDRED THREE (103) IN HALLAM'S
ADDITION TO THE CITY AND TOWNSITE OF ASPEN.
AND
A TRACT OF LAND SITUATED IN LOTS 5 AND 6. SECTION 12. TOWNSHIP
10 SOUTH. RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN. AND
MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 5. BLOCK 103 OF THE HALLAM'S
ADD TION (NOT RECORDED) TO THE TOWN OF ASPEN. WHENCE THE EAST OUARTER
CORNER OF SAID SECTION 12 BEARS S71.19'E 682.66 FEET: THENCE 530'50'W
116.43 FEET: THENCE SOO'08'WEST 132.92 FEET: THENCE N77'55"E 40.0 FEET:
THENCE N 5'09'E 124.93 FEET: THENCE N30'50'E 116.43 FEET: THENCE
N89'52'W 50.0 FEET TO THE POINT OF BEGINNING
COUNTY OF PITKIN. STATE OF COLORADO
LEGEND AND NOTES
0 FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED
BEARINGS ARE TRUE BASED ON SOLAR OBSERVATION
FOUND ALUM CAPS 2376 APPEAR TO BE ROTATED
6 MINUTES FROM RECORD AND MOUMENTS SET ON
ERDMAN SUBD. APPEAR ROTATED 38 MINUTES FROM TRUE
THERE IS NO RECORD SUBDIVISION PLAT FOR HALLAM'S
ADDITION TO THE CITY OF ASPEN. THE FOLLOWING PLATS
WERE USED TO DETERMINE THE POSITION OF THESE LOTS
IN BLOCK 103
I. WILLIT'S MAP OF ASPEN 1896
2. HUME SURVEY BY G.H.PESMAN 9/6/67
3. PAEPKE SURVEY UNDER THE DIRECTION
OF G.E. BUCHANAN. COUNTY SURVEYOR
BY GH PESMAN 10/9/67
BOOK 176 PAGE 20 POSITIONED FROM FOUND MONUMENT FOR
THE NORTHEAST CORNER OF LOT 5 (ALUM CAP 2376) THIS
POSITION DIFFERS FROM THE TIE TO THE 1/4 CORNER BY
1'10' IN BEARING AND 12.4 FEET IN DISTANCE
WOOD POLE FENCE
CHAIN LINK FENCE
CONIFER TREE
DECIDUOUS TREE
IRRIGATION DITCH
ESA ENVIRONMENTALLY SENTITIVE AREA OVERLY: ORDINANCE
NO. 71 (SERIES 1990)
N O T I C E : ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU
FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
SCALE
I INCH - 20 FEET
0 10 20 30 40
CONTOUR INTERVAL IS 1 FOOT
CONC
FOOTBRIDGE
I T"
'TELE ALUM CAP
POLE 2376
FINAL PLAT
HUME LOT' SPLIT
SECTION 12. TOWNSHIP 10 SOUTH. RANGE 85 WEST OF THE 6th P.M.
NOTE- ANY DEVELOPMENT WITHIN THE ESA
RESTRICTED AREA IS SUBJECT TO
SPECIAL REVIEW BY THE CITY OF ASPEN.
ERDMAN PARTNERSHIP LOT SPLIT
1 0T 9
WROUGH IRON FENCE
ENCROACHMENT PARCEL I
CI 09'50'41" 483.05' 83.00' 41.60' 82.90' SO4'47'21"E
C2 09'50'41" 358.05' 61.52' 30.84' 61.45' N04'47'21"W
LOT 1
MARSHALL LOT SPLIT
MARSHA LL LOT SPLIT
PREPARED BY
ASPEN SURVEY ENGINEERS
210 S. GALENA STREET
P.O. BOX 2506
ASPEN. COLO. 81611
PHONE/FAX (303) 925-3816
JOB NO 21092
INC.
APRIL 17. 1991
HIATUS BETWEEN HUME
& ERDMAN AS STAKED
ALUM CAP
2376 IN
CONC.
"FN TER
ALUM CAP
IN CONC.
OWNER'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS THAT ANTHONY HUME BEING THE
PERSONNAL REPRESENTATIVE OF THE ESTATE OF ANTHONY P. HUME
(DECEASED). AS TRUSTEE UNDER THE PROVISIONS OF A DECLARATION OF
TRUST DATED THE 24th DAY OF MARCH. 1987 BEING THE OWNER OF
THE HEREIN DESCRIBED REAL PROPERTY DOES HEREBY REPLAT AND
RESUBDIVIDE THE SAME INOT LOTS I AND 2. HUME LOT SPLIT. CITY
OF ASPEN. PITKIN COUNTY. COLORADO
EXECUTED THIS DAY OF 1992
ANTHONY HUME AS THE PERSONAL REPRESENTATIVE OF THE ESTATE
OF JAMES P. HUME (DECEASED) AS TRUSTEE f
STATE OF TEXAS
)s.
COUNTY OF )
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE
ME THIS DAY OF . 1991 BY ANTHONY HUME
AS THE PERSONAL REPRESENTATIVE OF THE ESTATE, OF JAMES P. HUME
(DECEASED) AS TRUSTEE
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
HALLAM
NOTARY PUBLIC
LAKE
BOOK 245 AT PAGE 281 SURVEYOR'S CERTIFICATE
I 1VID McBRIDE. HEREb, CERTIFY TH< N AUGUST 1991. A ' VEY
WAS PERFORMED UNDER MY SUPERVISION OF THE HEREON DESCRIBED
P. -RTY. THAT THE LOCATION AND DIME ONS OF THE BOUNDARY
LINES. IMPROVEMENTS. / EASEMENTS SHOWN ON THE TITLE CO TMENT
NOTED HEREON ARE ACCURATELY SHOWN ON THIS PLAT. THE PRECISION
OF THE CONTROL SURVEY IS GREATER THAN 1:10.000
ASPEN SURVEY ENGINEERS. INC.
DAVID McBRIDE. RLS 16129
199_
ENVIRONMENTAL
STUDIES
TITLE CERTIFICATE
THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF PITKIN
COUNTY TITLE. INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY.
COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS.OWNERS
ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED
REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES
EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE. ALTHOUGH WE
BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS CERTIFICATE
IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE. NOR AN OPINION
OF TITLE NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND
AGREED THAT PITKIN COUNTY TITLE. INC. NEITHER ASSUMES NOR WILL
BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER
ON ANY STATEMENT CONTAINED HEREIN.
DATED .199_.
VINCE HIGENS.PITKIN COUNTY TITLE. INC.
601 E. HOPKINS AVE.
ASPEN. COLORADO 81611
STATE OF COLORADOI
) 3 3
COUNTY OF PITKIN I
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF . 199_ BY VINCE HIGENS. PRESIDENT OF
PITKIN COUNTY TITLE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
CITY ENGINEER'S APPROVAL
THIS FINAL PLAT OF THE HUME LOT SPLIT WAS APPROVED BY THE
CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS DAY OF
. 199_.
CITY ENGINEER
PLANNING & ZONING APPROVAL
THIS FINAL PLAT OF THE HUME LOT SPLIT WAS APPROVED BY THE
CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS DAY
OF . 199_.
SIGNED THIS _ DAY OF I99_>
CHAIRMAN
CITY COUNCIL APPROVAL
THIS FINAL PLAT OF THE HUME LOT SPLIT WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF ASPEN ON THE SAY OF
199_ AS ORDINANCE NUMBER
SIGNED THIS _ DAY OF . 199_.
ATTEST:
MAYOR CITY CLERK
RECORDING CERTIFICATE
THIS PLAT IS ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY THIS _ DAY OF . 1991 AT
O'CLOCK .M. IN PLAT BOOK AT PAGE AS RECEPTION
NUMBER
CLERK 6 RECORDER
SHEET I OF