HomeMy WebLinkAboutcoa.lu.ec.Kuehlman 415 W. Francis 1985
DATE
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DATE
REC'ENED~fn;{)./3AKfJ
RECEN~E:
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· CASELOAD SUHMARY SHEET
City of Aspen' ... ...
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Type of Application:
r. GMP/SUBDIVIS ION/PUD (4 step)
~SE"Nd:"&k~ .
STAFF: S
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PROJ Ecr
APPL lCAN
Appl i cant Address/Phon
REPRES ENTATIVE:
RepresentativE Address/Phone
- 7033
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Conceptual Submission
_ Preliminary Plat
_ Final Plat
II. SUBDIV IS ION/PUD (4 step)
.
($2,730.00)
($1,640.00)
($' 820.00)
III.
./' N.
Conc€ptual Submission
_ Preliminary Plat
_ Final Plat
EXCEPr ION/EXEMPT ION/REZ ON INe;; (2 step)
SPECIAL REIl IEW (1 step)
($1,900.00)
($1,220.00)
($ 820.00)
($1,490.00)
($ 680.00)
~ Special Review
Use Determination
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RE FERRALS :
~ Ci ty Atty
_ Ci ty Engi neer
HOusing DiL
Aspen vlater
Ci ty F;lectric
Envir. Hlth.
____ Aspen Consolo S.D.
Mtn. Bell
Parks Dept.
Holy Cross Electric
Fire Marshall
____ Fire Chief
____ School District
____ Rocky Mtn. Nat. Gas
____ StateHwy Dept (Glenwd)
____ StateHwy Dept (GLJtn)
____ Bldg: Zoning/Inspectn
____ Other:
FINAL ROUTING:
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DATE ROUTED: Ii- /2~-S')
IN IT IAL: ) i"
City Atty City Engineer
____ Building Dept.
Oth e r :
FILE STATUS AND LOCATION: r:/m-..?~/
_ Other:
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The lot, fine behleenLots Fand G, where rarallel to the existing
Kueh man structure, shall be moved 3-1/2 feet to the east, and
other 'segments of the lot line shall be change so as to retain
l~~~ 3,000 s.L each. P. new plat shall be submitted for
p~,ni g ana Engineering Office approvals.
Both parties shall agree to join any special improvement dis-
tricts formed in the future.
3.
The plat shall contain all information requested in the Engineer-
ing Office memoranoum of October 11, 1985 and shall meet the
criteria of Section 20-15 of the l'unicipal Code in Final Plat
subrd ttal.
4.
Any removal of trees shall be subject to Section 13-76 of the
l-lunicipal Code.
6 .
A Statement of Sl1bdivisior: Exception shall be filed for approval
of the City Attorney.
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BDOl!554 PASE486
DECLARATION OF COVENANTS. RESTRICTIONS AND CONDITIONS
John Thomas Kuehlman and Helen Jane Kuehlman, and George
A. Wester ("Covenantors"), for themselves, their successors
and assigns, in consideration of the granting of a lot line
adjustment application by the city council of the city of
Aspen, and as an inducement to the granting thereof, hereby
covenant with the city of Aspen, Pitkin County, Colorado, to
restrict such property, and hereby do restrict such property
as follows:
1. Covenantors are the owners of the following
described property (the "Property") together with the
improvements thereon situated in the City of Aspen, Pitkin
County, state of Colorado:
Lots E and F (the "IW,ehJ..m.an. Lots") and Lots G, H, and I
(the "Wester Lots") , Block 4, city and Townsite of
Aspen, Pitkin County, Colorado.
2. In the event of any municipal improvement or
improvements of the kind contemplated in section 20-16 of the
Municipal Code of the city of Aspen, as amended, become, in
the sole judgment or discretion of the city Council of the
City of Aspen, necessary or desirable to the area of the
subject property, Covenantors will make no objection to any
special assessment or special tax or proceeding therefor on
the basis that the property is adequately served by existing
improvements and/or on the basis that the premises will not
be served or benefited by the improvement or improvements
proposed. Covenantors further agree to join, upon the City's
demand therefor, any improvement district formed for con-
struction of such improvements (including, without limita-
tion, drainage, underground utilities, paving, curbs,
gutters, sidewalks, street lights, etc.) in the area of the
property or to reimburse the city of Aspen directly upon
demand therefor if the city should choose to construct these
improvements without the formation of such a district.
3. Covenantors warrant that they are the title owners
of the subject property with full authority to restrict the
property as aforesaid and that there are no persons or
entities who have an interest in the subject property who
have not agreed and consented to the aforesaid restrictions.
4. None of the covenants contained herein shall be
released or waived in any respect without the prior consent
of th.e City of Aspen, reflected by resolution of the City
Council of the city of Aspen.
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BDOX554 PA\iE487
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IN WITNESS,()>oWHEREOF, tPihiS dec:::1.aration
executed this ~day of ~. , 1987.
has
been
duly
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/GEORGE STER
(Owner of Lots G, H and I, Block
4, city and Townsite of Aspen)
JiL-rL~/ /:yd"IJ~~
J.6HN THOMAS KUEHLMAN .
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HE EN JANE KUEHLMAN
(Owners of Lots E and F, Block 4,
city and Townsite of Aspen)
COUNTY OF PITKIN
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STATE OF COLORADO
s~ The foregoing instrument was acknowledged before me this
L- day of oe.J6'i>ee. , 1987 by George A. Wester.
WITNESS my hand and official
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Notary Public
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Denver, Colorado 80224
c~ The forego~ng instrument was acknowledged before me this
~ day of (Y~ , 1987 by Helen Jane Kuehlman.
WITNESS my hand and official seal.
My commission expires:
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COUNTY OF PITKIN
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BOOK 554 PAGE 488
STATE OF COLORADO
/,?~ The foreg~~g instrument was acknowledged before me this
~~-day of t.X..iJ~ , 1987 by John Thomas Kuehlman.
WITNESS my hand and official seal.
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My commission expires:
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APPROVED AS TO FORM:
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Aspen citv eouncil
Reaular Me~tin\l
November 11-, 19$5
Mayor stirling said one of the reasons for this condition was
that Council did not want to have a mixed project. ~1ayor
Stirling said he would be willing to entertain a change in the
number of units that have to be sold.
Mayor Stirling moved to direct the staff to initiate this change
and get back to council as soon as possible; seconded by
Councilwoman Fallin. All in favor, motion carried.
SUBDIVISION EXCEPTION - Saurel
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Mayor Stirling left the meeting due to a conflict, ol intdl!!lt.
steve Burstein, planning office, said this is a request to
condominiumize a duplex located on the corner of Monarch and
Bleeker. Burstein told Council when the building inspector did
an inspection, he found 3 dwelling units as defined in the Code,
there are some electrical corrections to be made, and some
encroachments to be addressed. Burstein told Council the
applicant has requested this duplex be exempted from the 6 month
rental restriction based on the history of the use. Burstein
told council since the building was built, It has been rented
short tlHffi. It is felt tni'\t it is not reasonable in the change
of form of ownership to make the rental restd,cHons a. condition
of approval. Burstein said staff feels this is a unique
situation, and council can exempt this from the 6 month rental
restr icti on.
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Bob Hughes, representing the applicant, told Council none of the
conditions are unacceptable, and they a~e in the process of
working them out. Hughes said they will take care of the third
unit. Hughes said they plan on straightening the fence out
rather than asking for an encroachment. city Attorney Taddune
!la.id gtaff feelD that the requirements of going through the full
subdivision process would be redundant and would !l~rVG no public
purpose, and is unnecessary to the land use policies of the city.
Councilwoman Fallin moved to approve a subdivision exception for
the purpose of condominiumization of the Saurel duplex subject to
the conditions 1 through 6 of the planning office memorandum of
November 5, 1985, including the language as outlined by the city
attorney; seconded by Councilman Isaac. All in favor, motion
carried.
KU~HbMAN LOT LINfr' ADJUSTMENT
Steve Burstein, plannipg office, this is a request to move the
lot line 3 feet from the existing house. Councilman Isaac asked
if this would resolve the litigation. Jon Seigle said it would;
this has been in litigation for 5 years. Burstein said staff
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MEMORANDUM
To: Steve Burstein, Planning Office
From: Elyse Elliott, Engineering Office ~
Date: October 11, 1985
Re: Kuehlman Lot Line Adjustment
==============================================================
After reviewing the above application and making a site inspection,
the Engineering Department has the following comments:
_ The lot line adjustment will create a non-conforming lot
because the existing house on Lots E & F will not have a 5' side
yard setback. As long as we're adjusting the lot line to rectify
an existing problem, we should solve all complications.
_ The applicants should be required to join an Improvement
District.
_ The plat should note the square footage of the area affected by
the lot line adjustment. It should also show the existing
utility sources -and meter locations.
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DATE:
City Attorney
City Engineer
Steve Burstein, Planning Office
Kuehlman Lot Line Adjustment
Ci ty Ca se No. 035-85
September 18, 1985
TO:
FROM:
RE:
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Attached is an application submitted by Jon Seigle on behalf of John
and Helen Kuehl man, requesting subdivision exemption approval for the
purpose of a lot line adjustment. Mr. and Mrs. Kuehlman own Lots E
and F, Block 4, City and Townsite of Aspen. They propose to purchase
Lot G, Block 4, City and Townsite of Aspen from the current Mr. Wester
(represented by Bob Hughes).
please review this application and return your referral comments to
the Planning Office no later than October 16, 1985, in order for this
off ice to have adequate time to pret;are for its presentation before
the City Council on October 28th.
Thank you.
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KLEIN. SEIGLE & KRABACHER
HERBERT S. Kl.EIN
JON DAVID SEIGLE
8, JOSEPH KRABACHER
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN, COLORADO 91611
TELEPHONE
13031925-8700
September 20, 1985
THOMAS C. HILL
Allan Richmond
City of Aspen
Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Application for Lot Line Adjustment/Lots F and G,
Block 4, Aspen, Colorado.
Dear Alan:
Following our telephone conversation please be advised, that
based upon my review of all title documents, that John Thomas
Kuehlman and Helen Jane Kuehlman are the record owners of Lots E
and F, Block 4, City and Townsite of Aspen, Pitkin County,
Colorado.
Mr. George Wester, who owns Lot G, Block 4, is represented
by Robert Hughes, and he will be sending you a letter which
evidences Mr. wester's consent to lot line adjustment as well as
setting forth Mr. Wester's ownership of Lot G.
It is my understanding that this matter will be scheduled to
go before City Council sometime in the month of October and I
would appreciate that as soon as you have definitively scheduled
this matter to please let me know.
Sincerely yours,
KLEIN, SEIGLE & KRABACHER, P.C.
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cc: John Kuehlman
Bob Hughes
By ~
<~,_" n David Seigle
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LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICJ-l
DEBORAH QUINN
ASPEN. COLORAOO 81611
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SEP 2 31985 II
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AREA CODE 303
TELEPHONE 920-1700
TEL.EcopteR 920-1121
LAW OFFICES
OATES. HUGHES & KNEZEVI
PROFESSIONAL CORPORATION
THIRD FLOOR. ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
September 19, 1985
Mr. Alan Richman
Planning Director
Aspen/Pitkin Planning Office
130 S. Galena Street
Aspen, CO 81611
Re:
Lots F and G, Block 4, City and Townsite of Aspen
Dear Alan:
We represent George A. Wester, who is the owner of Lot
G, Block 4, City and Townsite of Aspen. We have been asked by
Jon Seigle to confirm for you as accurate that Mr. Wester had
commenced an action in trespass as a result of an encroachment
upon his property by the single-family residence constructed on
Lot F and owned by John Thomas and Helen Jane Kueh1man. In
connection with that matter, the parties have agreed to settle
the dispute by effecting a lot line adjustment in the manner that
was proposed to you in Jon Seigle's letter to you dated Septem-
ber 12, 1985. Should you require any further confirmation in
order to complete staff review of the lot line adjustment appli-
cation, please let me know.
Incidentally, the matter has been unresolved for quite
some time and, if there is anything that you can do to expedite
the process, I would certainly appreciate that.
Sincerely, !\
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OAT~,'S,,:' H\. GHE & KNEZEVICH, P.C.
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Robert W. Hughes
RWH/caa
cc: Jon D. Seigle, Esq.
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HERBERT S. KLEIN
JON DAVID SEIGLE
B. JOSEPH KRABACHER
THOMAS C. HILL
KLEIN. SEIGLE & KRABACHER
PROFESSIONA1. CORPORATION
ATTORNEYS AT L.AW
201 NORTH MILL STREET
ASPEN, COLORADO 81611
TELEPHONE
13031 925-81CO
September 12, 1985
Alan Richmond
Planning Department
City of Aspen
Aspen City Hall
130 South Galena
Aspen, Colorado 81611
Re: Lots F and G, Block 4, City and Townsite of Aspen
Dear Alan:
This firm represents John and Helen Kuehlman, who are the
owners of Lots E and F, BLock 4, City and Townsite of Aspen. I
have had previous communication with Paul Taddune, City Attorney,
regarding a certain quiet title action brought by Mr. George
Wester, who is owner of Lots G, H, and I, Block 4, City and
Townsite of Aspen, against my clients regarding a lot line
encroachment on the common boundary of Lots F and G.
On behalf of my clients, I am requesting a lot line adjust-
ment pursuant to Sections 20-19 (a) (4) and 20-19 (b) (c).
The lot line adjustment sought is for purposes of solving
the enroachment problem.
It is my understanding, based upon my discussions with Mr.
Taddune and yourself, that this matter may be taken directly to
City Council for approval as an exception from the application of
the provisions of Section 20 of the Aspen Municipal Code because
compliance with those provisions, in connection with this
application, would serve no public purpose and would be redundant
and unnecessary in relation to the land use policies of the City
of Aspen.
Please find enclosed four copies of the amended plat and
four copies of this application letter, along with a check in the
amount of $680.00 to cover the application fee. It is my
understanding that the application fee is in reality a retainer
and that the unused portion will be returned to the applicants
upon completion of this matter. It is my hope, in light of the
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Alan Richmond
September 12, 1985
Page Two
very simple request contained herein and the costs involved to
date by my clients and Mr. Wester, that your office can keep its
fees to a minimum.
Sincerely yours,
KLEIN, SEIGLE & KRABACHER, P.C.
By
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Enclosures
cc: Robert Hughes, Esquire
Mr. and Mrs. Kuehlman
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MRMORANDUM
TO:
Paul Taddune, City Attorney
FROM:
Alan Richman, Acting Director
RE:
Wester vs Kuehlman
DATE:
January 10, 1984
==========================================?===========~===============
I have read the materials you sent me regarding the referenced law
case. It is quite clear to me that this matter falls within the
bounds of section 20-19(a) (4), lot line adjustment provisions. These
matters have been routinely handled by my office as an expedited
subdivision exception, one step to Council. I strongly recommend
against processing this request as a subdivision exemption because
there should certainly be a plat filed along with the proposal to
protect future buyers.
please refer the applicant to my office.
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CITY
SPEN
130
MEMORANDUM
DATE: January 9, 1985
TO: Planning Director
FROM: City Attorney
RE: Wester v. Kuehlman
D [g@~o~rn ~
;101985
,
Annexed please find a letter from Jon Seigle dated January 2,
1985, and related materials involving a boundary adjustment with
regard to Lot G, Block 4, City and Townsite of Aspen. Please
review the proposed plat and lot line adjustment. Unless there
are major problems, it might be appropriate to refer this matter
to the City Council as a subdivision exemption under the provi-
sions of Section 20-3(4) as amended.
PJT/mc
Attachment
cc: Jon David Seigle, Esq.
Robert W. Hughes, Esq.
HERBERT S. KLEIN
, JON DAVID SEIGLE
JAMES H. DELMAN
B. JOSEPH KRABACHER
KLEIN, SEIGLE, DELMAN & KRABACHERJ AN
. . PROFESSIONAL CORPORATION I'i .
ATTORNEYS AT LAW
20 I NORTH MILL STREET
ASPEN. COLORADO e I 611
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January 2, 1985
TELEPHONE
(303) 925-8700
THOMAS C. HILL
Paul Taddune, City Attorney
City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Wester v. Kuehlman
Civil Action No. 80 CV 99
Dear Paul:
This firm represents the defendants John Thomas Kuehlman and
Helen Jane Kuehlman, and Bob Hughes, of Oates, Hughes &
Knezevich, represents the plaintiff George A. Wester in the
above-referenced action filed in the District Court of Pitkin
County. As you will recall, Bob and I met with you to discuss
this case in the spring of 1984. Essentially, the case revolves
around the fact that the Kuehlman's house, which they purchased
in 1963, encroaches slightly on the property owned by Mr. Wester
(being Lot G, Block 4, City and Townsite of Aspen).
The parties to the litigation have agreed that the most
appropriate resolution of the encroachment is to do a lot line
adjustment and then request the Court to stipulate to a Consent
Decree approving the adjustment.
I am enclosing for your review the following documents:
1. Stipulation for Entry of Consent Decree;
2. Affidavit;
3. Proposed Form of Order;
4. Plat and Title Lot Line Adjustment.
We would appreciate the City's consent to the Stipulation.
Given the posture of the litigation and the simplicity of the
solution, I do not see that the City of Aspen would have any
objection to consenting to the Stipulation. Although it is not
entirely clear from reading the City Code whether this matter
requires a hearing before Planning and Zoning Commission, it is
my understanding based upon my meeting with you, that you should
be able to resolve this matter at council level.
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Paul Taddune
January 2, 1984
Page Two
I would appreciate your review of the enclosed documentation
and upon your review, communicating with me regarding any
questions you might have and also a timetable for obtaining the
City's consent.
Sincerely yours,
KLEIN, SEIGLE, DELMAN
& KRABACHER, P.C.
By O~id Seig1'
JDS/dg
Enclosures
cc: Mr. & Mrs. Kuehlman
Robert Hughes
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DISTRICT COURT, COUNTY OF PITKIN. STATE OF COLORADO
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Civil Action No. 80 CV 99
AFFIDAVIT
GEORGE A. WESTER,
Plaintiff ,
v.
JOHN THOMAS KUEHLMAN, HELEN JANE KUEHLMAN, and
ASPEN SAVINGS AND LOAN ASSOCIATION, a Colorado corporation.
Defendants.
The undersigned being duly sworn states as follows:
,. That they are the owners of Lots E and F, Block ~. City and
Townsite of Aspen. County of pitkin, State of Colorado (hereinafter referred
to as "Real PropertY").
2. That they purchased the Real Property on September i 5. i 963.
3. That at the time of their purchase of the. property. the property
was. improved with a sing le-fami Iy residence.
~. That the undersigned have continued to reside in the residence
located on the real property since the date of acquisition.
5. That the improvements located on the real property encroach or
Lot G. Block ~, CitY and Townsite of Aspen. County of Pitkin, State of
Colorado as indicated on the plat attached hereto as Exhibit B.
6.
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That the undersigned had no knowledge of the encroachment until
FURTHER the affiant sayeth not.
John 1 homas Kuehlman
'Helen Jane Kuehlman
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DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO
Civil Action No. BOCV99
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STIPULATION FOR ENTRY OF CONSENT DECREE
----------------------------------------------------------------
GEORGE A. WESTER,
Plaintiff,
v.
JOHN THO}~S KUEHL}~N, HELEN JANE KUEH~~N, and ASPEN SAVINGS AND
LOAN ASSOCIATION, a Colorado corporation,
Defendants.
----------------------------------------------------------------
COME NOW the Plaintiff by and through his attorneys
GOLDSMITH and LUBY, a Professional Corporation, and Defendants
John Thomas Kuehlman, Helen Jane Kuehlman and Aspen Savings and
Loan Association, by and through their attorneys, SACHS, KLEIN &
SEIGLE, P.C., and hereby stipulate as follows:
1. Plaintiff's complaint alleges that the certain
improvements located on Defendants Kuehlmans' real property
described as Lot F, Block 4, City and Townsite of Aspen, pitkin
County, Colorado (hereinafter referred to as "Lot F") encroaches
on Plaintiff's real property, which is described as Lot G, Block
4, City and Townsite of Aspen, pitkin County, Colorado (herein-
after referred to as "Lot G") .
2. Defendants Kuehlmans admit that the improvements
encroach as alleged in the complaint.
3. The parties desire to dispose of the claim set
forth in the complaint by requesting the Court to enter a
Consent Decree which would provide that the common lot line
between Lot F and Lot G be adjusted as set forth on the replat
of Lot F and Lot G which is attached hereto as Exhibit "A" ana
incorporated herein by reference.
4. Each party shall pay his or her own costs,
including attorneys' fees, incurred in the prosecution of this
matter except that Defendants Kuehlmans agree to reimburse
Plaintiff the sum of $1,500.00 for attorneys' fees incurred in
these proceedings and further provided that Defendants Kuehlmans
shall pay all surveying costs and filing fees incurred in
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connection with the preparation and filing of the replat of Lots
F and G, and all attorneys' fees incurred by plaintiff from date
hereof in connection with review of this documentation and
obtaining approval of the city of Aspen to this Consent Decree,
provided, however', that in the event a Consent Decree is not
granted by the Court for any reason, Defendants Kuehlmans shall
no longer have responsibility for reimbursement to plaintiff for
future fees incurred, except as the Court might otherwise order
and allow.
5. The replat of Lots F and G is for purposes of
equitably resolving the problems created by the encroachment of
the improvements on Lot G and not for the purposes of evading
the subdivision regulations of the City of Aspen.
6. The City of Aspen has been informed of these
proceedings and the request for the Entry of a Consent Decree,
has no objection thereto, and by its signature below confirms
that, as adjusted, Lots G, H and I taken together meet the area
and bulk requirements of Chapter 24 of the City of Aspen Munici-
pal Code in effect on the date hereof, for the construction of a
duplex thereon.
WHEREFORE, the parties reguest that the Court enter a
Consent Decree which orders a replat of Lot F and Lot G as set
forth in Exhibit "A" and orders the parties to bear their own
costs, including attorneys' fees, subject to the provisions of
paragraph 4 above, and for such other and further relief as the
Court deems proper.
GOLDSMITH and LUBY,
Professional Corporation
SACHS, KLEIN & SEIGLE,
Professional corporation
By
Jon David seigle, ~6620
Attorney for Defendants
John Thomas Kuehlman,
Helen Jane Kuehlman, and
Aspen savings & Loan AssoC.
201 N. Mill St., suite 201
Aspen, CO 81611
(303)925-8700
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By
Paul F. Goldsmith, *1016
Attorney for plaintiff
George A. Wester
1151 Bannock street
Denver, CO 80204
(303)893-0234
APPROVED:
CITY OF ASPEN
ATTEST:
Paul Taddune, City Attorney
Kathryn Koch, City Clerk
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~,l DIS'I'RICT COURT, COUNTY OF PITKIN, STATE OF COLORADO
civil Action No. 80 CV 99
ORDER
GEORGE A. WESTER, Plaintiff,
v.
JOHN THOMAS KUEHLMAN, HELEN JANE KUEHL~1AN, and ASPEN SAVINGS AND
LOAN ASSOCIATION, a Colorado corporation, DefendantS.
This matter comes on for consideration of the Stipulation
for Entry of Consent Decree and the Court being fully advised in
the premises finds as follows:
1. That plaintiff is the owner of Lot G, Block 4, City and
Townsite of Aspen, pitkin County,.Colorado (hereinafter referred
to as n Lot G").
2. That Defendants John Thomas Kuehlman and Helen Jane
Kuehlman ("Kuehlmans") are the record owners of the property
described as Lot F, Block 4, City and Townsite of Aspen, pitkin
County, Colorado (hereinafter referred to as "Lot F") and have
been so since 1963.
3. That at the time of the Kuehlmans' acquisition of the
property, it was improved with a single-family residence which
remains intact as of the date of this Order.
4. Th~t the improvements located on Lot F encroaches on Lot
G.
5. That the parties have stipulated to a replat of the
common property line between Lot F and Lot G for purposes of
resolving the encroachment and such replat is not done for
purposes inconsistent with the subdivision regulations of the
City of Aspen.
6. That the City of Aspen by and through its counsel, Paul
Taddune, has consented to the entry of this Order.
THE COURT HEREBY ORDERS:
1. That the common lot line between Lot F and Lot G be
hereby replatted as set forth in Exhibit A attached hereto which
is titled replat of Lots F and G, City and Towns,ite of Aspen;