Loading...
HomeMy WebLinkAboutcoa.lu.an.Alpine Acres.1976 1"""" !""\ < MEMORANDUM TO: ASPEN CITY COUNCIL FROM: PLANNING STAFF (HC) RE: SUBDIVISION EXEMPTION-ALPINE ACRES TRANSFER TO THE CITY OF ADDITIONAL RIGHT~ OF-WAY FOR GIBSON AVENUE DATE: NOVEMBER 17, 1976 This is:^a request for Subdivision Exemption by Luke Anthony to transfer land to the City of Aspen for use as right-of-way for Gibson Avenue, The land to be dedicated to the City is described by the attached survey, The dedication of this parcel is a condition of annexation previously imposed by the City Council. The Aspen Planning and Zoning Commission on Nov. 16, 1976 received approval of the subdivision exemption. The Planning Office recommends approval of the Subdivision Exemption as the parcel is not being created^'. for development purposes and therefore is not within the intent and purpose of the Subdivision Regulations. L, , , MEMORANDUM TO: c; P7 td<tr7'Ct I Aspen Pl&Rnlu~ Cvuw,l~~lvll --- FROM: Planning Staff (HC) i&0PIIJ& RE: Subdivision Exemption - A oj Y Acres Transfer to the City of Additional Right-of-Way for Gibson Avenue, DATE: November 2. 1976 t7 This is a request for Subdivision Exemption by Luke Anthony to transfer rand to the City of Aspen for use as right-of-way for Gibson Avenue, The land to be dedicated to the City is described by the attached survey, The dedication of this parcel is a condition of ~ annexation imposed by the City .c~6"fIJCII p1eVlo~"/'1 The Planning Office recommends .approval of the Subdivision Exemption as the parcel is not being created for development purposes and therefore is not within the intent and purpose of the Subdivision Regulations, "oJV NoVl&/197~ . . t:t! ,('~ ~v'.~.~ -/ > 17~ tfJ:5~ {p'I? G-y~t / / ,/ / /" 'T'''' ...:..; '- ..' .., ./ .? .""'" ~ CITY, 130 so aspen~ DATE: November 9, 1976 TO: Sill Kane FROM~dra M. Stuller RE: Maximum Size Bill, MEMORANDUM ,......... WPMt.!tz, UCASLJ:J,) SPEN street 81611 \ I \ ..--\, -.------- At the conclusion of the meeting yesterday (and in response to the Alpine Acres problem) Council asked for some help in formulating (perhaps) a maximum dwelling unit size. Do you think you can put John or Halon some type of assignment that might address the advisability of this. S~1S : DC ~. , . ...-, 130 so aspen, SPEN street 81611 MEMORANDUM DATE: October 26, 1976 TO: Hal Clark FRoMA'andra M. Stuller RE: Alpine Acres Annexation Hal, As a condition of annexation, Dave Ellis is requiring a dedication of a portion of Lot 1 as it abuts Silver King Drive (as opposed to a grant of easement), This will require a convey- ancing and parcelling of part of Lot 1 to the City. Consequently, I would request that you place on the next P&Z agenda an exemption request (initiated by the City) to permit the conveyance to us of this .007 acres, Dave Ellis can show you the exact location of the area affected. This request is made pursuant to Sec. 20-19(b) of the Aspen Municipal Code, SMS:mc ---- . ("-. .J', MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Alpine Acres Rezoning Request for Annexed Parcel to R-15 DATE: October 15, 1976 This is a public hearing to consider the rezoning of the Alpine Acres annexation parcel consisting of five (5) subdivided parcels of approxi- mately 15,000 square feet each. Three of the parcels are developed with existing duplex buildings. Two of the lots are proposed for development with duplex buildings. The comments of the Planning Office are ascf61lows: 1. We have enclosed the latest draft of the annexation agreement between the City, Luke Anthony and Nick Coates for your general review, The Planning Commission is not required to review the annexation, but we felt the agreed Oponconditions of annexation would be of interest to you, The technical requirements of the City Engineer and Water Department are extensive. Note the agreement to dedicate water rights to the City in exchange for water service by the City; to underground the existing utilities; dedicate right-of-way for Gibson Avenue and rezoning to R-15. The annexation is contingent on each of these conditions. 2, The present zoning in the County is R-15, however, County zoning allows only one dwelling unit per lot, while the City R-15 zone allows a duplex on each lot. Net increase in allowed denisty would be two units, 3, An existing stream passes through Lot 2 of the subdivision. Building on this lot will be reviewed under Stream Margin Review. 4. In order to preserve views from the various projects on Park Circle Drive, it would be diserable to locate the home sites on the southern portions of the subdivided lots. 5, With the above considerations in mind, the Planning Office recommends rezoning Alpine Acres to R-15, "-'''-', ....3 t". ,~ '. i . ' . ,r~'''.. CITY(...O F'~'ASPEN " . 130 sOl! t hga I e n q s t re e t aspen, Z.~olorado[' 81611 ""....... )1 . :_~_~ _......~..... "V..;;..;-- Friday, October 1, 1976 MEMO TO: Lennie Oates FROM: Sandy Stuller DATE: Friday, October 1, 1976 RE: Alpine Acres HAND DELIVERED Lennie: Dave Ellis' comments are as follows: 1. Page 3, beginning with line 20-the language should make it clear that there will be two seperate systems; a complete severance of the lines, thereby eliminating any possibility of intermingling; 2. Page 3, line 25- should be amended to make clear that Anthony is not exone:l:ated from paying normal water service charges,; / 3. Page 4, second from the last line-Musick specified as a condition that the water must be applied by the home- owners for irrigation and decorative purposes; the language now makes it elective and it is. important to use to keep the water right viable by applying it to a beneficial use; 4. Dave wants the road right-of-way dedicated, not just an easement granted; this will probably require our apply~ ing for an exemption from the definition of subdivision. My comments are: 1. Page 3, beginning with line 20- reads as if the City will pay Anthony the amount of these charges; I would prefer that it state that the City will.exonerate Anthony from these . charges or refund any of these charges billed to and. paid by him; 2. The agreement still lacks that language requested earlier limiting the powers of the water company to the man- agement of the existing right and use only in conformance with the provisions of the subdivison agreement; . 3. Section 31-8-113 requires Kathy to file copies of the annexation map and ordinance with various county and state agencies within 30 days of the effective date of the annex- ation ordinance; consequently she will go ahead with these filings but this should not invalidate our obligation to repeal the proceedings if the requested zoning is not approved. cc: Dave Ellis '. -.-" .. .. ",~~' .-,., .-...., ...., ,>',"",,,.,.,- - -or-..~...,7--.- -.-. ".., ...,.. .' .,. ;.. ".\ ,l.... .... It f j :1 '~ >'......carped A 2;,36 PM Ft~uary 9, 1977 ~" REception n""""" .191972 t, ;..c. Julie Hane REcorder . 800K324 PAGf.657 AGREEMENT FOR ANNEXATION OF REAL PROPERTY (ALPINE ACRES SUBDIVISION) INTO THE CITY OF ASPEN THI~GREEMENT made this ~ day of 1bo~~J by a~between LUKE W, ANTHONY, of Denver, Colorado, who 1976, is the owner of all of the Real Property known as the Alpine Acres SUbdivision, Pitkin, County, Colorado, hereinafter called "Anthony"; NICK COATES, of Aspen, Colorado, who by Contract, has an interest in and to two unimproved Subdivided Lots within Alpine Acres Subdivision, hereinafter called "Coates"; and THE CITY OF ASPEN COLORADO a Municipal Corpor- ation, hereinafter called the "City". WIT N E SSE T H: ---------- WHEREAS, Anthony is the owner in fee simple of all of the subdivided lots within ALPINE ACRES SUBDIVISION, Pitkin County, Colorado, which said subdivision is a legally constituted subdivision of land pursuant to Plat recorded in Plat Book 3 at Page 2 of the records of Pitkin County Colorado, and WHEREAS, the said ALPINE ACRES SUBDIVISION hereinafter called the "Subdivision", is constituted of five (5) lots containing a minimum of 15,000 square feet each, and WHEREAS, lots 1, 4 and 5 of the Subdivision are presently improved with one duplex structure being situate on each of them, and Lots 2 and 3 (those under contract to Coates) are vacant but are proposed to be improved with a duplex upon each of the same, and WHEREAS, the Subdivision is presently serviced by a private water system, the source of supply of which is an adjudicated water well situate upon the subdivision property, and has on it certain roads which have been dedicated to the public, and WHEREAS, Anthony, with the consent and approval of Coates has petitioned the City Council of the City of Aspen . J II / , . "....., ,,,",,, BOOK 324 rAGt 658 for the annexation of the Subdivision into the City of Aspen, which said Petition has been approved, and WHEREAS, there has been adopted by the City Council of the City of Aspen an annexation Ordinance, that being Ordinance No. 33, Series of 1976, which effects such annexation, subject to the conditions contained therein, a satisfactory Annexation Agreement being one of those conditions. WHEREAS, Anthony and Coates are willing to have the Subdivision annexed into the City of Aspen upon certain terms and conditions all of which are more fully hereinafter set forth, and WHEREAS, the Parties hereto are desirous of reducing the understanding upon which the Subdivison shall be annexed into the City of Aspen to writing, NOW, THEREFORE, in consideration of the mutual agreements, covenants and obligations contained herein, it is agreed as follows: (1) CITY'S AGREEMENT TO ANNEX. The City of Aspen acknowledges that it has annexed the Subdivision into the City pursuant to Ordinance adopted under the requirements of law sub- ject to the terms and conditions contained in this Agreement. (2) LAWFULLNESS OF k~NEXATION, The City covenants that it is lawfully capable of annexing the Subdivision into the City pursuant to the provisions of its Charter, its Ordinances and other provisions of law respecting the annexation of pro- perty into municipalities in the State of Colorado. (3) WATER RIGHTS & SERVICE, Anthony represents, and the City understands that the present supply of water (domestic and for all other purposes) for the duplex structures presently situate on Lots 1, 4 and 5 within the Subdivision is by virtue of an adjudicated water well and a private water distribution system as described in the Ruling of Referee in Water Case Number W-333 in the District Court in and for Water Division Number 5, State of Colorado which said Decree was entered on - 2 - ~ ,""" BOOK ~l24 rACt 659 the 30th day of September, 1971. Anthony shall immediately convey, by quit claim deed of conveyance, the said water right to the City. The said Lots 1, 4 and 5 shall continue to be serviced by said water right and well system until such time as water service from the City's municipal system and shall have been constructed to service improvements on Lots 2 and 3 of the Subdivision as hereinafter provided, at which time, but no later than twelve (12) months thereafter, Lots 1, 4 and 5 of the Subdivision shall be connected to the City's municipal water system as their sole supply of domestic water. Connection to the City's municipal water system shall be by connection to the hardware to be installed by Coates as hereinafter described but may be made by interconnection with existing hardware and plumbing on said Lots 1, 4 and 5 so long as the City's Engineer and Water Department representative shall be satisfied that no intermingling of the City's municipal water supply and the herein described well water supply exists or could exist. Anthony shall be obligated to pay the expense of connection to the City's municipal water system and all cost of hardware incident to service of said Lots 1, 4 and 5. To effect this, there shall be a complete severance of the lines presently used for the domestic water supply of Lots 1, 4 and 5 from the well herein before referred to, thereby eliminating the possi- bility of any such intermingling. As consideration for the conveyance of the water right herein described to the City, Anthony shall pay the City's normal Water Tap On and Plat Invest- ment Fee for the connection of said Lots 1, 4 and 5 (as completed at the time of connection), and the City shall exonerate Anthony from or refund to Anthony an amount equal to the City's Water Tap On and Plant Investment Fee so charged. The City shall make no other charge to Anthony for the hookup of such water service except as may otherwise herein be provided; provided however, that the foregoing shall not be construed to relieve Anthony from responsibility for normal water service - 3 - ^ .-" BOOK 324 r^GE 660 charges for water use, it being understood that Anthony shall be responsible for the payment for consumptive use of water from the City's water system. Lots 2 and 3 in the Subdivision shall, for purposes of the providing of domestic water, be required to connect to the City's municipal water system at the time that the improvements are constructed thereon. Coates and Anthony acknowledge and agree that because of limitations upon the facilities, that at some time in the future, municipal water may not be able to be connected to the said lots by the City. However, once connected a lot within Alpine Acres Subdivision shall be entitled to all rights and privileges of other water uses in the City of Aspen. Coates further agrees that all extensions necessary to connect the said Lots 2 and 3 to the municipal water system, anticipated to be approximately 320 feet of 8 inch ductile iron pipe plus one fire hydrant, shall be installed at his expense, said installation to be ~ completed no later than ".,.,..,,"'...-. / , 197~, Coates shall, upon connection to the City's municipal water system, be required to pay the City's Tap On and Plat Investment fee at the rate for properties within the City of Aspen then in effect. With respect to the expenses incurred by Coates for water main extensions, it is agreed and understood that when Lots 1, 4 and 5 of the Subdivision shall subsequently utilize those improvements for water service to those said Lots 1, 4 and 5, then Coates shall be entitled to a pro rata rebate for the expenditure made by him in the installation of the same, and the City agrees that it shall provide accounting and col- lection functions with respect thereto. In order to clarify and establish the rates for such rebates, at such time as the exten- sion shall have been physically installed, and all costs thereof ascertained, the Parties hereto shall enter into a supplemental agreement specifiying the amount of rebate to be given to Coates for each connection. Calculation shall be based on the assump- tion that there shall be ten (10) dwelling units, i.e., one duplex on each Lot, within the Alpine Acres Subdivision. There- - 4 - /"". .1""'\ BOOK 324 PME 881 fore, Coates shall be entitled to the rebate of six-tenths (6/10) of his outlay for the waterline extension to be paid equally at the time of connection by each such dwelling unit when connected to the City's municipal water system. The City agrees that it shall negotiate in good faith with the Homeowners Association to be created for the leasing-back of said water well system and water rights at a nominal value in order that the said Homeowners Association and individual Lot owners within the Subdivision may apply water from said system to the Subdivision Lots and common properties for irrigation and decorative purposes; provided, however, the City shall have the right to revoke such lease-back at any time if it shall, within its sole discretion, have an immediate need for such water right; and, provided further, that the property owners within the Subdivision must, so long as any such lease-back shall be in effect regularly apply said water as intended in such lease, all so as to keep it and not to cause or permit said right to be abandoned. It is agreed that the Homeowners Association to be formed by Anthony shall have only limited powers with respect to the management of the water right herein described so that the same is used only on the property within the subdivision in conformance with this annexation agreement. (4) (a) GIBSON AVENUE RIGHT-OF-WAY. The City requires a fifty (50) foot right-of-way upon Gibson Avenue as it abuts the Subdivision, the same being a collector road. The same shall be gener~lly centered in the existing Gibson Avenue as in place. Anthony has had surveyed and is the fee owner of and shall grant by easement to the City of Aspen for public right-of-way purpose, the following described real property comprising a part of Lot 1 of Alpine Acres Subdivision: An easement across part of Lot 1, Alpine Acres Subdivision, Pitkin County, Colorado, being more fully described as follows: Beginning at an angle point on the southerly line of said Lot 1 whence the most southerly corner of said Lot 1 bears S 66009'00" E 160.40 feet; thence - 5 - ,-.., .-. BOOK 324 pm 662 N 23044'00" W 135.84 feet along the southwesterly line of said Lot 1; thence N 55035'35" E 11.33 feet; thence 100.94 feet along the arc of a curve to the right having a radius of 350,57 feet, the chord of which curve bears S 26009'30" E 100.59 feet; thence S 17054'35" E 49.11 feet to a point onthe southerly line of said Lot 1; thence N ~6009'OO" W 15.46 feet along said southerly line to the point of beginning, containing 0.049 acres more or less. It is agreed between Anthony and the City that such grant shall satisfy the purposes sought, Public right-of-way purposes shall be deeded to include roads, underground utilities, sidewalks, curbs and gutters, but not limited thereto. (b) SILVER KING DRIVE RIGHT-OF-WAY. In addition, the City requires the dedication of a portion of Lot 1 of Alpine Acres Subdivision as it abuts Silver King Drive for all public purposes. Anthony has had surveyed, is the fee owner of and shall dedicate to the City of Aspen the following described real property comprising a part of the said Lot 1: A portion of Lot 1, Alpine Acres Subdivision, Pitkin County, Colorado, being more fully described as follows: Beginning at the most westerly corner of said Lot 1; thence N 66016'00" E 28.11 feet along the northwesterly lien of said Lot 1; thence S 48050'17" E 21.68 feet along the North- easterly line of said Lot 1; thence S 55035'35" W 37.97 feet to a point on the southwesterly line of said Lot 1; thence N 23044'00" W 26.67 feet along said southwesterly line to the point of beginning, containing 0.007 acres, more or less. It is understood that the said dedication shall require an exemption to the City's Subdivision Regulations. The City shall, at its expense undertaking the processing of an applica- tion for such exemption. Anthony agrees to cooperate with the City in the filing and processing of such exemption application. (5) ZONING. The Parties hereto agree that the annexation of the property into the City of Aspen is conditional upon the granting (by the City's Planning and Zoning Commission and City Council) of the zoning classification of R-15 for the Subdivision as the same exists on the date thereof in accordance with the Official Code of the City of Aspen. Anthony and Coates - 6 - ~ ~ 32' Jl (,.t:.'.) BOOK ':t: P^G[ UU...l have initiated such rezoning by a request that the City consider the same and the City hereby agrees to do so. In the event said zoning classification shall not be adopted as a result of such consideration, the City agrees to repeal the herein referred to Annexation Ordinance, in which event this Agreement shall be null and void and each Part shall be released from further obligation hereunder, the intent being that in that event the property which is the subject hereof shall not be annexed into the City, (6) UNDERGROUNDING OF UTILITIES. Anthony agrees that all utilities within the Subdivision shall be placed underground no later than November 1, 1977, at the expense of Anthony. (7) ROAD AND MISCELLANEOUS IMPROVEMENTS. The road surface of the used portions of Silver King Drive and Herron Drive within the Subdivision shall be graded, and Anthony shall consider the pavement thereof at a later date through an assess- ment to the Lot owners who shall be members of a Homeowners Association. Anthony, for himself, his grantees and assigns understand that by virtue by deed restriction which shall be contained with the deed for each Lot within the Subdivision that certain assessments may be made for that purpose, It is expressly understood as between the Parties hereto that the City shall have no responsibility whatsoever at any time for the pavement of any right-of-way within the property, Anthony and Coates shall erect proper street signs as directed by the Engineering Department of the City of Aspen. As part of the undergrounding of utilities the said Anthony and Coates shall stub electrical connections for the installation of street lamps, and shall install the same at a later time if it should be determined that the same are necessary. The City agrees to cooperate with the said Anthony and Coates in the installation of said signing and street lamps by providing the hardware therefor at its cost at such time as the same shall be installed; provided, however, that it is understood that any such installa- - 7 - 1"""'\. .-. BOOK 324 PAGt 564 tions of street lamps and/or street signs shall be at the expense of Anthony. (8) SPECIAL IMPROVEMENT DISTRICT(S) SUBSEQUENTLY FORMED. Anthony and Coates agree on behalf of themselves, their heirs, successors in interest, personal representatives, grantees, and assigns, with the City that they shall affirmatively consent to and join in the formation of any special improvement district encompassing all and/or part of Alpine Acres Subdivision, and contiguous lands, that may hereafter be proposed or formed for the construction of any improvement required by the City's subdivision regulations now in effect respecting street improve- ments (including paving, curb and gutter, and sidewalks), and drainage improvements. Further, they waive and further covenant and agree to waive any right of protest against the formation of any such district for the enumerated purposes, and participate in any special improvements districts which shall be proposed for the subject property in order to provide for the improvements of streets, drainage and other municipal improvements and/or services. (9) SURVEYING AND MONUMENTATION. Anthony represents that the exterior boundaries of the Subdivision have been located by permanent markers erected thereat monumenting the boundaries of the Subdivision in the field. Said permanent monuments are in the form of capped rebar set in concrete. (10) OTHER AND FURTHER DOCUMENTS. The Parties agree to execute such other and further documents and instruments as shall be necessary to carry out the intents and purposes of this Agreement, including, but not limited, to the granting of ease- ments and conveyancing documents for the dedicated right of way and water property right herein described. IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day and year above first written, - 8 - 1""'. ~ BOOK 324 PAcE 665 ~-?'-/~ N-.t'C Coates spen Standle as to content ASPEN ENGINEERING DEPARTMENT Dafd f:d/~ Pet""! ~~;xo~ Thomas Dunlop . Environmental Health ~ - 9 - ------ j Recorded at..m'~n;.~l'.h,....o'clock.hA....nM., .nn...n.P',~.S.J+"nl~.9....n .hnn......... 19030 ". i' ...00...... Reception NO.......n...nn........'nn......;;;:.. .n,nn.,.nhmnnn".Iulie.nHan.e....n....hn........Reeorder. BOOK 321 PAGE 760 rms DEED, Made this 13th day of December ,1976, between LUKE W. A.'lTHONY STATE DDCUllEMIARY fEE of the Ci ty andCounty of Colorado, of the first part, and Denver and state of DEe 2.~ PAID -:-::(;).-::': - - -q- if: r: ~.. 011..,. CITY OF ASPEN, a Municipal Corporation of the County of Pitkin and state of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration -------------DOLLARS, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part ha s in and to the following described lot or parcel of land situate, lying and being in the County of Pi tkin and State of Colorado, to wit: The water right and structure (including all hardware, equipment, and appurtenances thereto), commonly known as the Anthony well, as described in the ruling of the referee in water case No. W-333 in the District Court in and for Water Division No.5, State of Colorado, entered on the 30th day of September 1971, TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, The said part y of the first par~~s and seal the day and year first above written. ' Signed, Sealed and Delivered in the Presence of n..nnn..n.mn.'...'..."h.........nnm...'...........'...'.m........',........ [SEAL] ',.........,........'.......n...m'm"'........n'....n..m.nm...............m.. [SEAL] STATE OF COLORADO, County of Pitkin }ss, My commission expires November 11, 19 79. Witness my hand and official 16th day of Dece,(\\beI:' " " "'" . \", -~UOl ./,/, ~... c:\> ." " . ~' "'" '-.~) ~ ;::tJ ,. ',\.' ';. ;: ,...... !OX . i ,~, t~ ( ~i~~::<>:') /} u.m..r:!"P...: .~. !Jm.J.i!,I1..,Kfi~~.....c...\:.}~::~..,...,.p;;:~,<~ :/ ~ 7""'--=----, :',"': ~.' ~tarj hUe." . :'-~ ./h/;)~,'~.,::[,. .:"..~_,,:~~:.', f..',- ,\ .\.;{' ",',' The foregoing instrument was acknowledged before me this 1976 ,by' LUKE W. ANTHONY. .:::..,',:)>:.~', No. 933. QUIT CLAIM DEED.-Brad!ord Publishing Co., 1824-46 Stout Street, Denver, Colorado -8-76 " I! Recorded atii 9: 32 A, M. , !: Dec~" 1976 Julie Hane, Recorder ~ Re, )tion Number: :i if ii n Ii jl GRANT OF RIGHT OF WAY TO CITY OF ASPEN, COLORADO 190303 BOOK321 PAGE 761 j; !! KNOW ALL MEN BY THESE PRESENTS: That I, LUKE W. " I jiANTHONY, being the owner in fee simple of J"ot 1, ALPINE ACRES ,I ii SUBDIVISION, Pitkin County, Colorado, according to the plat " Ii ji l' thereof recorded in Plat Book 3 at Page 2 of the records of H !'Pitkin County, Colorado, lying northerly and adjacent to a !i '. public road known as Gibson Avenue, running East-West between ;; i'Park Avenue and Mill Street, in the City of Aspen, County of '; Pitkin, State of COlorado for and in consideration of the "sum of $10.00 and other good and valuable consideration, paid .. If " !iby the City of Aspen, State of Colorado; the receipt of which i Ii His hereby acknowledged, does hereby grant, give and quit claim !i II unto the said City of Aspen, State of Colorado, an easement II or right of way for the construction, improvement, operation I and maintenance of a public road and underground utilities I II upon, across, along and under the following land lying and II iibeing in the County of Pitkin, State of Colorado to wit: ,\ I' II II 'I I I II I' 'I II II I, II II II Ii) An easement across part of Lot 1, Alpine Acres Subdivision, Pitkin County, Colorado, being more fully described as follows: Beginning at an angle point on the southerly ,line of said Lot 1 whence the most southerly corner of said Lot 1 bears S 66009'00" E 160.40 feet; thence N 23044'00" W 135.84 feet along ..the Southwesterly line of said Lot 1; thence N 55035'35" E 11.33 feet; thence 100.94 feet along the arc of a curve to the right having a radius of 350.57 feet, the chord of which curve bearsS 26009'30" E 100.59 feet; thence S 17054'35" E 49.11 feet to a point on the southerly line of said Lot 1; thence N 66009'00" W 15.46 feet along said southerly line to the point of beginning, containing 0.049 acres, more or less. :i To have and to hold the said easement or right of way 'unto the said City of Aspen, State of Colorado, for public ,; road or right of way purposes, and for underground utilities 'j li I!of the City or other public utilities authorized to use the j:same by the City of Aspen, so long as the same shall be used, : operated and maintained for such purposes, and no long~'J:'. Ii II Ii I i; I \1, il II \1 I!has hereunto set his hand and seal this 16th I' 111976, II ii iI II II II II I, Ii Ii I: STATE OF COLORADO ) ,. Ii ) ss: dCounty of Pitkin ) j ~ :1 ., I' d I'this r: 'I I, II !! I' I' J I! I' II Ii II n II if II I I i II II ,I Ii II Ii " ,. " ,. ii Ii !) Ii :i :i ii i " II Ii Ii I, II , I ,. ". ,-. .~ BOOK 321 PAGE 762 IN WITNESS MiEREOF, the undersigned Luke W. Anthony day of December , The foregoinginstruffient was 16th day of December ,1976, aCknowledged before by LUKE W, ANTHONY,..""':::~"'''''''' ~\' CC:,i,1,.l ./'~ ~'.>.::'." ".' <;, _~ v~\ ,;;: ,./,0 f 1!,> ". ",-_ ?, ' ;' ~r _ ~, ' '<?,,()_". !_,. ~ c'-' ,,7;'j, '1;: '~_':< ~ - . ~-'" v,. ',~ ,>y'C' , f'"" ... %.~ 0 \~:, ,:~~ltf :~}:'"''''' ~) :? -/' . ....... IV . -'"- $~I"" ~. :it~,~i,:,,': ',' /;.'J I ...... ;'I.[..,,~~..., " "(,,,,':::;. :...." ~/~~.;..s ,:U~J' ,,~:.~,... . 'ti~~~~~~~~ ~", WITNESS my hand and official seal. My Commission Expires: November 11, 1979 ~2- , Recorded at A portion of Lot 1, Alpine Acres Subdivision, Pitkin County, Colorado, being more fully described as follO\'ls: Beginning at the most Westerly corner of said Lot 1; thence N 66016'00" E 28.11 feet along the Northwesterly line of said Lot 1, thence S 48050'17" E 21.68 feet along the North- easterly line of said Lot 1; thence S 55035'35" W 37.97 feet to a point on the Southwesterly line of said Lot 1; thence N 23044'00" W 26.67 feet along said south- westerly line to the point of beginning, containing 0.007 acres, more or less. dedicates the same for public use. Dated December 13 , 1976. STATE OF COLORADO) ) of Pitkin ) ss. County I this 16th , I' II 'I I, 'I I! Ii :1 Ii II i1 II II " ii Ii :1 The foregoing instrument was acknowledged before me day of December , 1976, by LUKE ,~:,,,.A~~HONY .,-' \1', ....': .......,.......(1'4(,;1;)1'0.'.'tc;'f WrrNESS my hand and official seal. ,>". .J."....,'.,.,:' \7.\ l~-';.}',i..n.;>..,,: 0;. c' > '~~ :" 'U'll,.... '. \'~ My Commission Expires: November 11 ,.~!~'!':;- f..,.,..,~. <-:? ". ': .1 )!>:j~:t.? ;-,' : . ~!>~~A, \Y : 12 I .' .,...., .j /') 'f ,:, I ... .' -..... J . ::; ~I'~;;."".~"..."'.:: ,'./" ;;: I ...1""' "'. ., ,);;:- .." p... ;'" ....... ~"....~ ,t /. I 1"\ ... \_ ',.' .' ~~', 'il,j'i'fNt:;;~\<~'~ ,...,[ I I ~ ' , r ro I: I- , ii I' I , " i: " ", r-. ' ~ ~~ ~ d~ . , .,'"-,, :"'- :.~ ~a l I.................. . '- .................. . ..........<. ~ '-,,---- .......'- ............... I.,............................ / ' I / / / / / / / / ''rRl-CQ ~lVl!;NI. INC. . ,EOX. .1IbO AeebNI.~ I r I f' . 1 1z. ~ ~ ((jj N J, I, " : -" "~' '.," '" "d,',,' I ' I tW 2'::;) eo " Ql\TJ;.~' 9/24!.7G , ,."n'~ ~ . , , 7......~ - I 94f . t'"' .~ PUBLIC NOTICE Re: Rezoning Annexed Portion of Alpine Acres to R-15 Notice is hereby given that a public hearing will be held on October 19, 1976 at 5:15 P,M" Council Chambers, City Hall before the Aspen Planning and Zoning Commission.to consider the rezoning of the annexed portion of Alpine Acres to R-15. The rezoned portion consists of lots 1 thru 5, Block 1, Alpine Acres Subdivision, A copy of the rezoning proposal may be examined in the office of the City/County Planner in City Hall during normal working hours. Published in the Aspen Times September 30, 1976, , . ,-.. .~ STEWART TITLE OF ASPEN, INC, HEREBY CERTIFIES from a search of the books in this office that the owners of property within 300. feet of the following described property: Lots I, 2, 3, 4 and 5, Block I, ALPINE ACRES SUBDIVISION Situated in the County of Pitkin, State of Colorado, appear to be vested in the names of: Smuggler Trailer Park, Inc, The City of Aspen The County of Pitkin McCullbch Oil Corporation of California Charles A, Maples and Bruce M, Maples Martin J. Cerise Amelia L, Kopp Robert Jarrett Joe L, Candreia and Eva L. Candreia Smuggler Racquet. Club Top of Aspen, Inc, Richard Brownell and Lois Brownell John Robert Werning Walter Stenger C, V, Associates James J. Costley Alan J, Goldstein Alexander McGowin Adele R, Worman 'Luke W, Anthony, Inc, Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc. neither assumes, nor will be charged with any financial obligation or liability whatever on account of any statement contained herein. Dated at Aspen, Colorado, this 1976, at 8 :00 A,M, 24th day of September A,D, STEWART TITLE OF ASPEN, INC, BY ~~;-J~ . . ~ Smuggler Trailer Park, Inc. P.O, Box 506 Aspen, CO 81611 The City of Aspen 130 South Galena Aspen, CO 81611 The County of Pitkin 506 East Main Aspen, CO 81611 McCulloch Oil Corp. of California c/o John P. O'Driscoll, Tax Agent I-R 10889 Wilshire Blvd. Los Angeles, CA 90024 Charles A. Maple and Bruce M. Maples P,O, Box 1959 Aspen, CO 81611 Martin J, Cerise p,O, Box 646 Aspen, CO 81611 Amelia Kopp P.O. Box 100 Aspen, CO 81611 Robert Jarrett P.O, Box 3850 Aspen, CO 81611 Joe Candreia & Eva L. Candreia P.O. Box 509 Aspen, CO 81611 Smuggler Racquet Club c/o Tony Mazza Attorney at Law P.O. Box 3219 Aspen, CO 81611 Top of Aspen, Inc. c/o Tri-Co Corporation P.O. Box 1730 Aspen, CO 81611 Richard & Lois Brownell P.O, Box 1477 Aspen, CO 81611 .~ John Robert Werning 905 East Hopkins Aspen, CO 81611 Walter Stenger 905 East Hopkins Aspen, CO 81611 C.V. Associates c/o Klaus Nick Vitti & James Costly P,O. Box 884 Aspen, CO 81611 James J, Costley P,O. Box 884 Aspen, CO 81611 Alan J. Goldstein 571 Lyell Avenue Rochester, NY 14604 Alexander McGowin 578 Acacia Street Sierra Madre, CA 91024 Adele R, Worman 578 Acacia Street Sierra Madre, CA 91024 Luke W. Anthony, Inc. P.O, Box 1271 Aspen, CO 81611 .,.;. .._- ~~ J. I or --:tl.~ r Ll ~ Ir"O south galena s:J.eel aspen., 'colorad~,. 81611 \,:,.) ., /0 July 22, 1976 ~ ~~~ .. Leonard M, Oates, Esq. Oates, Austin & McGrath P,O, Box 3707 Aspen, Colo 81611 Re: Alpine Acres Annexation Dear Lennie: My basic philosophy on annexations is that the annexing territory should comply with all city design ~tandards perta~ning to utilities, streets, ri~ht~ '-of-way, ease- ments, drainage, etc. Without such compliance annexations have a considerable adverse financial impact on the ci~y, These design standards are best summarized in the city , subdivision code, In the case of an existing development ,iuch as Alpine Acres, I feel it is appropriate to place restrictions on those areas where compliance may not be possible. The following are my comments and recommenda- tions on Alpine Acres, Water Service & Water Rights, Working on the assumption that the existing dwellings have adequate and safe well water supply I see no reason to require a connection to the city water system at this time, However, the city would want Lots 2 & 3 connected to city water when they are developed. These connections and the connection of Lots 1,4,&5 should the well supply become unsafe or inadequate will be made at the owner's expense and in accordance with city specifications for main extensions. This would currently be approximately 320 feet of 8 inch ductile iron pipe and one fire hydrant. Upon connecting to city water the city would require that all water rights associated with the service area be deeded to the city. Right-of-Way Gibson Ave, as it passes through the Brownell: Sub- division within the city has a 60 foot right-of-way generally centered on the existing roadway. The southwest corner and side of Lot 1 overlap the logical . --..J ~ ." . ~ r,. .~ Page 2 of 2 extension of this right-of-way by as much as 15 feet, Gibson is already classified as a collector street and an adequate right-of-way should be dedicated for the ultimate improvement of Gibson Ave, Since Gibson is both city and county I am also asking George Ochs for comments. Silver'King Drive as driven appears to cross over Lot 1 also. Street Improvements and Maintenance. Considering the very low traffic volumes on Silv€r King Dr, and Herron Dr. a seal & chip surfacing is acceptable. Prior to surfacing, proper road base, grading for drainage, and priming should be completed. The roadway should also be relocated within the right-of-way. Proper street signs should be erected at intersections as well as adequate street lamps where necessary, Special Improvement Districts. The commitments included in the annexation agreement should be the same as those normally contained in subdivision agreements - streets, drainage, and electrical undergrounding. Boundary survey. We would like to have the exterior boundary "and right-of-way corners set in the field to more fully assess the right-of-way situation, Electric, Telephone, & Cable TV utilities. Since the subdivisions to the east have underground utilities, it seems appropriate to pursue the program within Alpine Acres. If this proves unfeasible then the commitment mentioned above would be applicable, I hope the above comments will provide you with the necessary information you need for proceding with the annexation agree- ment. If you would like to discuss any of the above please advise. Very truly yours, ~ Dave Ellis City Engineer DE/dc cc: Sandy Stuller Bill Kane Mick Mahoney ~ . ,I. .i ~/ l,l~~ I7\) II!", i~ II \\1 It'> 1.=1 !~ I'll . I 'C 'I!:Z .-\ I '\,1\ 1* I'_ ll: !~ . \\( - ;;' ,,\; ~.._ J _ ... ,;:J,\. r:.' , . ,\.:'::",::> r" ~>~ '" ~,. t"-> r.~",~,( :' ,:--, \ ~> ). ,'-\\ ' I~"r :,\(~t, ( I_~' j I }. 1'<, \ \.--' 1;\1 i_/. "\.\ f' " \. () '\ C' \. r ,~~\\ .~. ,r n," ,- \~. '. ( ~" ',\ \ ..:..' _i J, " ; -'":\ -,:....1 ~J'; .-.1. {. '. (': ',': '7 ..... \5i \\\ 'r r', .,.- " r" t, ~ ~''\ ,... c' c:::., c.J...c-..:r \'-..;. f\ ~ /." --;c; . )-t ,,- ~~ ~ \:, ';.~" c. , '..o:.'~ k r.> --;-. ,':. /~ -, ~.. <--, 1"""'>, .\\ i , \ \ , , \ BI:~I"'UPY " \. !, ~; \ \ , , " ': \ ~q-W-t:l;/ i" ' '" 't.V-' \' -""", ,.'1 \ " ;".,,.'1'" , .\ ' _.~'\ , . " ...rX-:l....}'. '\ \ .,'),'/~/f' I ~ ~ \' v..... ~'t.J..). ;~'" ': . \v,y.':~',f1':~;' ...."f.,....-s.w ' l .......~.~... . (. .~v~\~\ y:~ ~ \ \ " ;<\\""..\.\..,..,. ,; ,'\':....-:loo'~\ "\ :' '..~;l;;it:....J~~" (,".;,," \ ". %',~,~>:'\' 1 j ~" t .' ;)/, .. . ~"., ~,..;.-, - ...'\~--\ \\\ %- .\.\,..:~\,.; "\ ' ;---: . .\\ ." . \ ," . 't{,.. '\' ill;, ., '" {/..- ~\; ~c -l. 1"'. ~~ ( ~ ". , '. ", r. i I &1 ....' -tl \i ;) ,--,----'- ~ j If' ~ I 21 z d \;-1 i i:- ~.."'-'-] :'j ,~!i.,:r.:t T ?f'>'<:1 Ii' i .t~~~ if ;~ ) ,1 '" :l--~-, - I' I' !l----q)"- - Ii l{--";-- !f- "~ . ,I ';>: r -. '.......--.--,.-. " ~l ~. Ii ~ -~t-.+. '+'---f"":'-\\ '\. ~ " . :;;::;;.'::"-/' <," ,- 1) y f"""'., IjI 2 i. 2 III "l II f ! , / / I.il ! 1>;;:'/ { '~>-,\"f t::J' _.,,-',.::.::"/ hl~~~;~;'~-- , ' I' ,~ ! ! \ 1-;:\ \\ "' 1:..,1" ...\ \..... 'I,'"'' P'<~::) , I \- .~>~< j j \:;:f'j- ;:. ;f Ii) :~ "0;.)1 \:~J_~~ ..> c ...l"~ " < ..;::; 'A~ v , I ~-"=- -~~ --"'-~,'~',- ',' J ;. .' , -t".>-,.s.....S,;- '~\ / I '.:.~:':,.c;'?,t'>o,_./ 14 /' ". !~ ,< .. . / -/ ,/ ,.' " u ~ -' <"J\:/ ,c' .,~. .., ~1 4>- i I :::.....--_ t,;. -::::=-"':""'0.' -~...::::::=---c_~_~ - ~ ;r- " \".-..) Ii ' :C,:'~)'~. ;:; ~~' ," "'-~~'<'i''j ii.' .',."d r€.... "-' ,~' ;r'-.----: ; "f~f~. ,\\ l.t " j'\~""~""'ll,jl ,r' i"'.::;;,,.> f",'.'........ , I '- I It J ",--_.../ " ' ii- ......~. l'~~~:.-:~ '1 .''1 ..-, / ,.'1 i,!l ,:..,.' ,".\'_/ '.! A ! !.h-c.') ~~_~.t~\ " t- ~ >A '- ii. '~'--"I.L'-'-'-; v- ~1 -it! \:: z ? f- " :s \;i ii B 4>- ",Ii , "I ~I ~, ~...., ......."'*' 1'r ,ir ~I I . :[!L!b 71 'r:q, ',~ ;:\1 ts > ".::-:, f';'~"<O'" .':":- . . "'2j'-, c/'l"_",,,.~,,,;" -'~"--"-"'\ .-1 '~ \S-1'991 - ---)---.- "3 ^ ~ 0. N 0 ~':2'l:.a ti """ -ti ';'1 1:1 ~t ~.i..'\.....;...., .,(:--. '.".-! , ',~~ I . -;r\! I~ r\l l~ I ,,(~ ~H~~;,~-" J ~--~~I , !' I I I 1- \'\1 ~ ~ '4\:1 :~ \- . \: -" ~. [/ , . /,,", /. /' ./ j:l: ~/ ~. ;/ uLiZ ! . .;<;~~~>~. <;/ 'j, :& ,\Ii I .",' , , ! '0 ,:'-J,.. ~i '-, ""'~':.1,.-- i ...,q'/:J <.-;~l'!~~ , , , " .i1..<- ?, r '., ~.,.,}/. '~c'--- I - -----.----...; i i 1 i I I " ~ _.'c-'--- - ~ ~ t- '" ..,; i I I ----->t.- "'7.... \( ~ ~\ '>-~\ ~_\ ~ ~ () f.\ II \)\1 Jl .~ (I 12 I. {) ~. 1 <f j u.. I' t .J ~ } . ~ ~ ... ~ , ~. . ~ . \ " " . r ~ ~ ~ ,.., ~ t ! \l. } . ! ~ ... e1 I~l . 1; It - . ,\ ~~ ;~ . . !;~ 'd :t1 i~l ""... HI ,,;~ t~i ~r ~,,~ iU . . iH ~~I. ~~ 1:. ~,l to. ~I \ ~ p~ (t.t , 1 ~ I"""' t~ ~ ; \H t' \~.~ '\~ , , , ~ '" ~ "i ~ ~ :...... ~ " , ~ \; "- ~ \ , , -~",. A.'. - :-..~..'-~.~//' I""; I i ~ , Ci) ~ ~ ;>j ~ ~ ~ . I' , -~. NE'/eRON .?/eIYE $J.-~......~~~;:."~' II .H l I l 1 r i ~ ~ it , "1 il L ft A t r~ t " ~ ~ . ... ~ t . " , \ ~ . ... ~ It . " I! ". i ~ " \l "I: -.. t ~ l i~ ~ ". Al 'J~ ... . ~q ~i l .. ~.~ ~t ~~ P it ,$ H {i ~~ a t.-. t "" , . ~ ~'.", '~.', ~ ,. Q.; ~~ ~{ \ ~t H' ot : ~ ,~ -._, .' .q ~~ t to:; ~>l i l~~~ ~~ f ) ~ !nH i ~i ' t : .~ . . . ~ ~ ~ .. .. ~- l ll\l . f ~ .:t l ~u. , ~ ~ c, , ..1 " ~ , .,' . . . ., ., } ,,- ~ >_'0;:'; lH ~ ~. ~ i\ t' ~ .. ..t,~ ~ ~.,. 0 ~ t$:~ ~ I f1l1l:t\:t.. "'~~ (\, ~ .h~~ ~~~~ , .. ....... ~ ~ ~\ ~ ~ ~t.. H:~ i~~~ .. ~ ~.. ~. ~ ~ ~ .~ V: ~ 1,\ ~.~ I< ~ ~ t: ~ ~ ", ' ~ ~ ~ ~ ~ ~ t;:.- " ...~ .'ht .~ ~ '\ ~ ~ '\ \l!i t i ~ ~l'l . !< " ! ,. . '.' ~ ~'fi il(~.,~ ~ It i . i ~\ h~~ ~~~\ ~, , ~ , . ~ ~ ~ ~~. :!o. ~ ~. : ~ ~. ~ ~ ~ ~ " "'i )1 . , ~t.~,~~~ ~ :. "l"\.~ ~ r~~?Ilt':< ~~)~l't1~~ t~hV)f\~ ~i~~c" "- ~ ~ ~ ~ . '<: ~ ~ ~ ~ ~ \J ~ ~ ,-, . CERTIFICATE STATE OF COt.ORADO ) COUNTY OF PITKIN )' ss CITY OF ASPEN ) ,,.....,,, 800K 324 PAGE 656 I, Kathryn S. Hauter, City Clerk, in and for saii State, . ,," ... ," ," ~ .' -: .~ County and City, do hereby certify that the foregoing is a ~ #-33 I as the same appears of record in my office. /*' true, perfect ani complete copy of /9710 ~ 1 WITNESS my bani an:! official /i:Lu./L/Ul ' 19.12. seal this lay of , r . . ~~-J .da~,~ City Clerk Deputy City Cler~ f ~ Eeeotded , t'2;35 J?~ Fe,.....uary 9, 1977 ,-. REception n( ~91971 Jul:Le Hane REcorder . . . BDOK324p~cd353 RECORD OF PROCEEDINGS 100 Leaves 'l'OI!IolW e.'. HOECK~ll.'. ao. l.. Cli. ORDINANCE NO. 33 (Seriespf 1976) AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY LUKE W.ANTHONY TO THE CITY OF ASPEN; WHICH LAND CONSTITUTES ALL OF BLOCK 1, ALPINE ACRES SUBDIVISION; AND WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 , WHEREAS, there has been submitted a Petition for Annexation dated October 3, 1975, and signed by Luke W. Anthony of ~. O. Box 1271, Aspen, Colorado, which Petition has been presented pursuant to the provisions of the Colorado Municipal Annexation Act of 1965, and earlier found by the Aspen City Council to be incompliance with SectiOn 31-8-107 (l)(c) C.R.S. 1973, a part of said Act, and WHEREAS, the City Council has further considered the proposed annexation as described in the Petition for Annexation (hereinafter "Petition") and accompanying plat, and has deter- mined that: 1. The signature on the Petition represents the owner .of one hundred (100%) percent of the land pro- P.osed for annexation. 2. Not less than one-sixth (1/6th) .of the perimeter of the area to be annexeq is contiguous to the City of Aspen. 3. There exists a community of interest between the tract to be annexed wi~h the City of Aspen, the tract to be annexed is urban or will be urbanized in the near future; and the tract to be annexed is integrated or capable of being integrated with the City of Aspen. - /""'.. ,~ BQOK324 PAGE654 RECORD OF PROCEEDINGS 100 Leaves '0IniI5lI C.'.MCltcICELI...ItL.Co. 4. The annexation will not affect the con- stitution of any existent school district. 5. The Petition satisfies the statutory require- ments of the Municipal Annexation Act, both as to substance and form; and ,WHEREAS, the Colorado Municipal Annexation Act pro- vides that where a Petition is signed by an owner of one hundred, (100%) ~ercent of the property proposed to be annexed, the City Council may, by ordinance, annex without notice or hearing (other . than that incident to ordinance adoption) and without election, and the City Council now wishes to so proceed: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 ,: ":~",,,, That the following described tract, situate in Pitkin County, Colorado, be and hereby is annexed to the City of Aspen, Colorado, pursuant to the provisions of the Colorado Municipal Annexation Act: All of Block 1, Alpine Acres Subdivision, Pitkin County, Colorado, according to the official plat thereof recorded in Plat Book 3, Page 2, of the official records of the Clerk and Recorder of Pitkin County, Colorado. Section 2 If any provision of this ordinance or the application thereof to any, person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications, and to this end the provisions or applic- ations of this ordinance are declared to be severable. -2- . ,-.., ,1""\ .- . BOOK 324 PAcrf}55 RECORD OF PROCEEDINGS 100 Leaves 'OfllII.tlI e.'.tlOeCKEL.....L.eo. Section 3 . A public hearing on this ordinance shall be held on the .J.:L.day of ~ , 1976, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held r~g , 1976. ATTEST: ~-~O0-~) J ~U/ ." KATHRYN S r/HAUTER, CITY CLERK _-.__ d- ./$ " III, MAYOR ~ cb FINALLY ADOPTED AND ~~ /=5 , . .,j . .1976, ATTEST: STACY6 ~r) 4- dN;w'/ KATHRYN S HAUTER, CITY CLERK TANDLp MAYO -3- ) ;'.. ^ 130 so aspen, SPEN s t re e t 81611 MEMORANDUM DATE: May 25, 1976 TO: Kathryn Hauter FROM~dra M. Stuller RE: Luke Anthony Petition for Annexation You will recall that I have already drafted the annexation ordinance and given it to you for keeping. Lennie has requested that we pro- ceed with the reading (even though Jenkins has withdrawn from the project). Tom Dunlop will do the well inspection next Tuesday and I will (by copy of this memo and Lennie's letter) solicit comments from the Planning Office on the proposed annexation. Absent any objections from Bill or Tom, put the ordinance on the first reading on June 14th. SS/pk cc: Bill Kane Attachments 1"'"'. ~. / " ::..~ LAW OFF'ICES OATES, AUSTIN 8. MCGRATH 600 EAST HOPKINS STREET LI::ONARD M. OATES RONALD D. AllSTlN ,J. NICHOLAS McGRATH. .,JR. WILLIAM R. .JORDAN III ASPEN, COLORADO 81611 ,JOHN THOMA~ KELLY AREA CODe: 303 TELEPHONE 925-2600 May 21, 1976 Mr. Thomas Dunlop Sanitarian City of Aspen 130 South Galena street Aspen, Colorado 81611 Re: Alpine Acres Subdivision - Water System Serviced by Adjudicated Water Well Dear Mr, Dunlop: This firm represents Luke W, Anthony who is presently petitioning the city for annexation of his Alpine Acres Subdivision, I enclose herewith a copy of a letter which I forwarded to Sandra Stuller, City Attorney, on this date which explains the existing use and development potential of the subject property. The reason I am writing you is that the City Attorney suggested that I do so incident to the provisions which have been made for water to service the subdivision. The property is improv0d as reflected in my letter to Ms. Stuller and is serviced with water by a well and storage system situate entirely within the Alpine Acres property, Enclosed herewith for your reference are copies of Mr. Anthony's well permit No. 6272-F and also Mr, Anthony's decree adjudicating the water to him as a matter of right. The system functions under the well system by virtue of having, in addition to its pumping capacity, a storage capacity of roughly 250 gallons. It is proposed that, if the two undeveloped lots be improved with duplexes on each site, additional storage be added to the system, Mr, Anthony represents to me that the system has been in continuous use for roughly twelve (12) years without any problem whatsoever. It is proposed that, in order to administer the water system, if the property shall be offered for sale through the resubdivision thereof and the condominium interests that a ditch and reservoir company be formed pursuant to the provisions of Article 42 of Chapter 7,1973, C.R.S., and that the water right be conveyed to the homeowners or condominium association for administration of the program, We have utilized this type of an approach with other subdivisions and find that from the standpoint of administration they are viable entities. i' I h L " .-, .-.,. . .. \ OATES, AUSTIN & MCGRATH Mr. Thomas Dunlop May 21, 1976 Page 2 The property is presently managed for Mr. Anthony's benefit by Richard N, Graves of Gibson Avenue, Aspen. His telephone number is 925-2197 and he has been informed that you are being contacted in respect of this matter, It may be that you will wish to examine the mechanics of the system and, in that event, I would ask that you contact Mr. Graves. You will find him most cooperative. We are looking for your analysis of the system as'to its adequacy for purposes of water service if the property shall be annexed into the City of Aspen and shall be developed to its ultimate build-out which would be six (6) duplex structures. If there is additional information which you should need or if you should have any questions, please feel free to contact me, I will be available for meeting with either you 'or the City Attorney at any time. Thank you for your consideration of this matter. I would ask that you contact me with your conclusions and findings, Very truly yours, OATES, AUSTIN & McGRATH By COpy O."'r.'N'C .'GN"O LEON!:IID Leonard M. Oates ;,1. (J/. .(' "'-oJ LMO:mw Enclosures cc: Richard N, Graves Luke W, Anthony . ~ Sandra Stuller, Esq.~ ~ : ;: ,. t ) ! ~ I I: j. I. , I I I I I I i I I. I .i: f I .~ l' , i L ! I f l I , " , r ! I'" /-". L..AW OF"F"ICES OATES, AUSTIN & MCGRATH 600 EAST HOt='KIN5 STREET LEONARD M. OATES RONALD O. AUSTIN oJ. NICHOLAS McGRATH, "JR. WILLIAM R. .JORDAN m: ASPEN, COLORADO 81611 ,JOHN THOMAS KELLY AREA CODE 303 TELEPI-lONE 925-2:600 May 21, 1976 Sandra Stuller, Esq. City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Luke W. Anthony - Petition for Annexation of Alpine Acres Dear Sandy: FOllowing up our oral discussion at the courthouse on May 20, 1976, I am writing this letter to ask that the city go forward with the presently pending petition for annexation for the Alpine Acres Subdivision, To recap the situation in respect of the property which we wish to have annexed, it consists of five (5) lots, three (3) of which are fully developed by virtue of the existence in place of duplex structures, each of them for a total of six (6) units. These are all of two (2) or three (3) bedroom configuration. The remaining two lots, lots 2 and 3, are presently vacant and Mr. Anthony proposes that development thereof be limited to a duplex on each of those lots. Current zoning is R-15 and, if that classification remains upon annexation, the build-out proposed will be permissible under city zoning. It is intended that the presently improved lots be, at sometime in the future, resubdivided by virtue of use and occupancy agreement or condominiumization. With respect to the unimproved lots, Mr. Anthony presently has no firm development plans of his own and would like to leave open the question of whether he shall develop the lots by the placement of duplexes on each of them,or whether he shall sell the property under deed restrictions, so limiting improvements thereon for development by SOme third party. On a related matter, I will write a letter to Mr. Dunlop, of the City Health Department, in which I shall ask that he review the current water system which operates from an adjudicated well I""'. i~ OATES, AUSTIN 8. MCGRATH Sandra Stuller, Esq. May 21, 1976 Page 2 as a water source. Mr. Anthony feels that the system has worked very well and that an adequate water supply in terms of both quality and quantity is provided to service both the present improvements upon the property and any additional facilities or improvements which may be placed on lots 2 and 3. I belieVe that as a condition to resubdivision of the property, if we choose to go that route, or in respect of the improvement of the two unimproved lots, we would place deed restrictions or covenants that property owners would agree to connect to the city water system in the event that problems should arise with respect to the system. It will be made clear to the buyer(s) if the units are sold that the property is not connected to the city water system and, therefore, hopefully avoid future problems if any should arise, Please let me know if there is anything additional which you would like me to submit at this time in order for the city to go forward with the annexation. Very truly yours, OATES, AUSTIN & McGRATH ~. By MdU ~ eonard M. Oates LMO:mw cc: Luke W. Anthony Thomas Dunlop ~. j I"""- I. .......... _. .-_.-""._""'-~ . ' CITY OF ASPEN aspen ,colorado, 81611 box v ........ '....c.,' .-;':',.~ '. Gentlemen; Leonard Oates has requested that I address paragraph 7 of your letter June the 1st to him concerning the availability of city water to Luke Anthony's property, aka, Alpine Acres. The City of Aspen Water Department has no objection to providing water to this development, so long as the conditions you have outlined are complied with and that the private well be severed in such a manner as to prevent any possible cross connection. Please be advised, however, that permission to connect is contingent upon complying with the normal procedures obtaining your tap permits and payment of the prescribed fees. Mr, Anthony and Mr. Oatesl?,bould also be advised that we have recommended, in our 1975 Annual Report, that we requested a moratorium on any additional connection, as outlined on page 23 of this report, a copy of which is attached. The City of Aspen will not guarantee availability of services after December 31, 1977, .... i~cer~~~ ~ 1'1410.< f.,., 4::::) ames Markalunas irectorjWater Department ^ . ') --r-O r" ~vNL. A? D"" I'-"' '. I l U .~. RESOLUTION l-tO. <( ,tJ ,t.! r"" \ T -, (Series of 1975) " WHEREAS, there has been presented to the City Council for its consideration a Petition for Annexation concerning the following described tract located in Pitkin County, Colorado: All of Block 1, Alpine Acres Subdivision, Pitkin County, Colorado,acc.ording to the official plat thereof recorded in Plat Book 3, Page 2, of the official records of Pitkin County, Colorado, and WHEREAS, said Petition signed by the applicant, Luke , W. Anthony, has been determined by the City Council to satisfy the requirements of Section 3l-G-107(1) (c), C.R.5. 1973, the Colorado Municipal .Annexation Act of 1965, and WHEREAS, it is required by said Act that the. Council determination of the substantial compliance ,of an annexation petition be by Resolution and therefore of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the Petition for Annexation dated October 30 ~ 1972-, and submitted by Luke W.Anthonyfor annexation.ef the above desCribed property .shallbe,and hereby is, determined to be in conpliance with Section 31-8-107(1) (c) C.R.5. 1973, the Colorado Municipal Annexation Act. -:7 >// ..'_.~ ~~=--c--.. STANDLEY III I, KATHRYN S. HAUTER, dbly appointed and acting Clerk, do certify that the foregoing is a true and accurate copy of that Resolution adopted by the Aspen City Council at its regular meeting held X'o!.c.I?<.-L..vJ...:?2, 197~ -1 C ~:zu:j THRYN HAUTER, CITY CLERK r-. 1""\-.., PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO I, the undersigned, being the owner of all land within the exterior boundaries of the territory hereinafter described, do hereby respectfully petition the City Council of the City of Aspen, Colorado, to annex said territory to the City in accordance with the provisions of Title 31 Article 8, Colorado Revised Statutes, 1973, and allege as follows: 1. That it is desirable and necessary that such territory be annexed to the Municipality. 2. That the requirements of Sections 31-8-104 and 31-8-105, CRS 1973, exist or have been met. 3, That the signer of the petition comprises the landowner of more than 50% of the territory included in the~area proposed to be annexed, exclusive of streets and alleys. 4. That the legal description of the area to be annexed is as follows: All of Block 1, Alpine Acres Subdivision, Pitkin County, Colorado, according to the official plat thereof reoorded in Plat Book 3, page 2 of the official records of Pitkin County, Colorado. 5. The undersigned is the owner of all of the land above-described, 6. The undersigned requests that the City of Aspen, Colorado approve the annexation of the area proposed to be annexed as described herein and in the annexation map which accompanies this petition. OWNER: .-' // ./' /' ~/ . 'at Luk /p, . Box 1271 Aspen, Colorado Dated: October 30, 1975, '-..--- .' 81611 i--'. ,~ AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss, COUNTY OF PITKIN ) The undersigned, being duly sworn, deposes and says that: 1. I am over 21 years of age; 2. I am the circulator of the foregoing motion; 3. Each signature therein is the signature of the person whose name it purports to be. ~, ~uq?cribed and sworn to before me this LvcA'-1-tJ ,1975. ~ -, ..:JLJ day of Witness my hand and official se~~ / My commission expires: t ''-~p,1 , -nA--!-"L~ f ~ \'" ~ ",.- I I ~ \" )> I ;1 ~I 81 I \" I) -t .ol;f ~ j I +=0"----.- (,- U. \'\ i }' i r ! \'l\ i 1 ~ ! i '1 - \)I' ..,. ~ (;', ... , ~ Ii' 8~ \) ,I I ! ,,-.ir /' \: i. "'" .... , ,~-.. --------- r I . -0 R {-. r--' t:' Z ::j :l;t I~~ 4:- h Wi'/"~ ~- I.,.:~, ~, , .~'~c.\ :"" ,(('" >",/ ; ,~).t)<:~- '. I "'-~' . In . ,1 ?'/;;~ \ ' 121 '-,:!,! ,,,.( I ::)\ , ~ov," to'');'" \. .I '\. I "".-,:; '1'Ii' I~~ 4 t Wi '" FI ',,<:1.. I' X7;'oi' , ' r- z: -1 :t- j+- ~ fl " 0r?-,.! <<\'':' \: _.J_. ' ;;:'''--':'' : c-.!~/'" .1 I,"'''''''' ,<.' '.1 1'''''' '"\,-.<< <:",\,,'j f., '.\,"",)."', " I ,,' ....".,.. f.t"": i 0- p~'" :~:~(;,\~.,,~ ,~ ' '\ . \,~:;.,) v ',- =-- ~-=- ~ /// - / I 71 /i /1' ",1 + ' , I' A:. \'1 ,',",l \' '\" \ . \ \ \ \ \ \ \ .."" "'-"'.' ",v'~ .......---~ \ \ \ r""'\ . .'" 'U -~ '0 ~ ~/.'~ ~ ~~~ <::: 'J' '~..J,..-- r- ') "" ...s: '""I" : ~ -'j!...ji n i'l :----f....' :1 . \I' , " .1 ..", <>- ~~ .~~~_d " ,r-" -.- ; , if~/--', " ". '; '. ".,;;::,;", ~' '~.::~~~:~~ '~'(~~u f~\~..:~~~ ~ I $(~" ,,-- ~ ( __., " +.t. .C\' r ';;. ~l: II~ ~ _:~ ...--+ ", , ' 1 I~, I .1 !i ~l > N'" -Ii F il --.--.11 \j\ H ___ 'I --;1 j\ ;1 " -i,: i i . ~-r-'i' ---- I ; f~;l\ \d:.+J,~.,-r~, _=._M~~Jr . / '//~/. //////,'/' " /,/.., //~<."/ /J I J' i--~- I. I) -'I )1 ;; , I I I~ IZ l,~ I" ,II IF i~ I ~ - . I , . \i ,. " I 1