HomeMy WebLinkAboutcoa.lu.an.Alpine Acres.1976
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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.
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MEMORANDUM
TO:
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Aspen Pl&Rnlu~ Cvuw,l~~lvll
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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,
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CITY,
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DATE: November 9, 1976
TO: Sill Kane
FROM~dra M. Stuller
RE: Maximum Size
Bill,
MEMORANDUM
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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.
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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,
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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,
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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
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Julie Hane
REcorder
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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:
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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
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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
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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
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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
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, 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-
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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
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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
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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-
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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,
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BOOK 324 PAcE 665
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ASPEN ENGINEERING DEPARTMENT
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Thomas Dunlop .
Environmental Health
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Recorded at..m'~n;.~l'.h,....o'clock.hA....nM., .nn...n.P',~.S.J+"nl~.9....n .hnn.........
19030 ". i' ...00......
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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
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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
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STATE OF COLORADO,
County of Pitkin
}ss,
My commission expires
November 11, 19 79. Witness my hand and official
16th day of Dece,(\\beI:' " " "'" .
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The foregoing instrument was acknowledged before me this
1976 ,by' LUKE W. ANTHONY.
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No. 933. QUIT CLAIM DEED.-Brad!ord Publishing Co., 1824-46 Stout Street, Denver, Colorado -8-76
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Recorded atii 9: 32 A, M. ,
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Dec~" 1976 Julie Hane, Recorder ~
Re, )tion Number:
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GRANT OF RIGHT OF WAY TO
CITY OF ASPEN, COLORADO
190303
BOOK321 PAGE 761
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!! KNOW ALL MEN BY THESE PRESENTS: That I, LUKE W.
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jiANTHONY, being the owner in fee simple of J"ot 1, ALPINE ACRES
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ii SUBDIVISION, Pitkin County, Colorado, according to the plat
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l' thereof recorded in Plat Book 3 at Page 2 of the records of
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!'Pitkin County, Colorado, lying northerly and adjacent to a
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'. public road known as Gibson Avenue, running East-West between
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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
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!iby the City of Aspen, State of Colorado; the receipt of which
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His hereby acknowledged, does hereby grant, give and quit claim
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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
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II upon, across, along and under the following land lying and
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iibeing in the County of Pitkin, State of Colorado to wit:
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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.
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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
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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:'.
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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,..""':::~"''''''''
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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)
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of Pitkin )
ss.
County
I this 16th
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The foregoing instrument was acknowledged before me
day of December , 1976, by LUKE ,~:,,,.A~~HONY
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.......,.......(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
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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~
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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
.,.;. .._-
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Ir"O south galena s:J.eel
aspen., 'colorad~,. 81611
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July 22, 1976
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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
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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
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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.
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true, perfect ani complete copy of
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WITNESS my bani an:! official
/i:Lu./L/Ul ' 19.12.
seal this
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City Clerk
Deputy City Cler~
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Eeeotded , t'2;35 J?~
Fe,.....uary 9, 1977
,-.
REception n( ~91971
Jul:Le Hane
REcorder
.
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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.
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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-
.
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. 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
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III, MAYOR
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FINALLY ADOPTED AND
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.1976,
ATTEST:
STACY6
~r) 4- dN;w'/
KATHRYN S HAUTER, CITY CLERK
TANDLp MAYO
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SPEN
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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"'"'.
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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.
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\ 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
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Enclosures
cc: Richard N, Graves
Luke W, Anthony . ~
Sandra Stuller, Esq.~
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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""'.
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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
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CITY OF ASPEN
aspen ,colorado, 81611 box v
........
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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.
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(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
>// ..'_.~
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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-.
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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:
.-'
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. 'at
Luk
/p, . Box 1271
Aspen, Colorado
Dated:
October 30, 1975,
'-..--- .'
81611
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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.
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day of
Witness my hand and official se~~ /
My commission expires: t ''-~p,1
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