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HomeMy WebLinkAboutcoa.lu.ex.Miller-Subd-LotsM-Q,Blk35.1979 'it Recorded 1:33 PM Dc' 9 1979 Reception 219107 Loretta Banner Recorder BilOK378 PAG~292 SIDEWALK IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this ~()+~ day of September, 1979, by and between MONTE M. MILLER and CAROYLN W. MILLER (hereinafter referred to as the "Owners") and the CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as the "City"): RECITALS A. The Owners submitted an application, dated June 21, 1979, to the City for subdivision exemption in connection with the proposed split of Lots M, N, 0, P and Q, Block 35, City and Townsite of Aspen, into two separate parcels composed of Lots M, Nand 0 and Lots P and Q, respectively. B. The City has fully considered such Application for Subdivision Exemption and City Council has granted approval of such Application conditioned upon the Owner's agreement to make adequate provision for future sidewalk improvements. C. The Owners are willing to accept such conditions and to enter into this Agreement with the City to provide for the same. AGREEMENT NOW, THERFFORE, in consideration of the mutual covenants herein contained, the parties hereto stipulate and agree as follows: 1. The Owners for themselves, their successors, grantees and assigns, hereby covenant and agree that in the event the City undertakes sidewalk improvements on Lots M, N, 0, P, or Q without the formation of a special improvement district, they or their grantees, successors or assigns will pay the actual cost of any such sidewalk improvements on such property. Any payment required hereunder shall be made ....,: BilOK378 PAGE293 to the City within ninety (90) days after completion of the sidewalk improvements and on receipt of written notice and demand for such payment. 2. The parties agree that the bonding and escrow procedures provided for in Section 20-16 of the Municipal Code I of the City of Aspen, Colorado, are not necessary to enforce the provisions of this Agreement and such bonding and escrow procedures are hereby waived by the City. 3. The covenants and agreements of the Owners herein shall be deemed covenants that run with the land, shall burden the land, and shall bind and be specifically enforceable against the Owners, their successors in interest, grantees and assigns. To apprise successors in interest of these obligations, the Owners will cause this Agreement to be recorded in the real property records of Pitkin County, Colorado. 4. Upon execution of this agreement by all parties hereto, the City agrees to permit the Owners to split Lots M, N, 0, P and Q, Block 35, City and Townsite of Aspen into two separate parcels composed of Lots M, Nand 0 and Lots P and Q, respectively. ~h,&L&- MONTE M. MILLER r!,(A__.~ .)/~) CAROLYN ~ILLER ATTEST: CITY OF ASPEN, COLORADO -..3P()a5~IA ) Shery Simmen Deputy City Clerk BY~ Herman Edel, Mayor -2- MEMDRANDUM TD: FRCJ.1: RE: DATE: Aspen Planning and Zoning Commission Richard Grice, Planning Dffice Miller Subdivision Exemption August 16, 1979 The attached application requests subdivision exemption in order to split five lots in the original Aspen Townsite into two separate parcels. At the present time the five lots are improved with one single family residence. If the subdivision exemption is approved, lots M, Nand D would become a separate parcel containing the existing single family residence and lots P and Q would then be available for the construction of an additional single family residence. This application qualifies for an exemption from the Growth Management Quota System under Section 24-1D.2(d). That section states that, "The construction of one single family residence on a lot subdivided after the effective date of this article where the following conditions are met: 1. The tract of land which was subdivided had a pre-existing dwelling. 2. No more than two lots were created by the subdi vi si on. " The application was referred to the City Engineering Department which has recommended approval of the exemption application subject to a sidewalk improve- ment agreement being signed with the City of Aspen. The Engineering Department's complete comments are attached for your review. Ron Stock has reviewed the application and recommends your approval of the subdivision exemption. At this time the Planning Dffice recommends you approve the subdivision exemption subject to the condition that the applicant prepare and record a subdivision exemption agreemeDlwhich wou1~ inclYg~-A_cQmmitmen~ ~alk improvement and a restriction that-development of lots P and Q will be limited to a single family residence. PEN MEMORANDUM DATE: August 7, 1979 TO: Richard G~~ FROM: Ron St~'t" RE: Miller Subdivision Exemption I recommend approval of the above subdivision exemption. RWS: mc ,-~..... /".... ...., ,...... M E M 0 RAN DUM TO: RICHARD GRICE, PLANNING OFFICE FROM: LOUIS BUETTNER, ENGINEERING DATE: JULY 3, 1979 RE: MILLER SUBDIVISION EXEMPTION AFTER REVIEW OF THIS APPLICATION FROM THE SUBMITTED MATERIAL AND A VISIT TO THE PROPERTY, I HAVE THE FOLLOWING COMMENTS: 1) THE APPLICATION LETTER FROM OATES, AUSTIN, MCGRATH & JORDAN LOCATES THE EXISTING RESIDENCE IMPROPERLY; THE RESIDENCE HAS A SIDE YARD OF 6 FEET ON THE WEST AND WOULD HAVE APPROXI- MATEL Y 30 FEET ON THE EAST, NOT TilE REVERSE AS STATED, 2) THE STREET IMPROVEMENTS ARE CONSTRUCTED EXCEPT FOR SIDEWALK. I WOULD REQUEST THAT THE MILLERS ENTER INTO A SIDEWALK IMPROVEMENT AGREEMENT FOR THESE PARCELS, 3) I WISH TO POINT OUT THAT THE LEGAL DESCRIPTION FOR THIS PRO- PERTY REQUJRES THE ADDITION OF THE WORDING "ORIGINAL ASPEN TOWNSITE," THE REASON FOR THIS ADDITION IS THE FACT THAT THERE ARE TWO BLOCK 35's WITHIN THE CITY OF ASPEN. I WOULD RECOMMEND THAT THIS APPLICATION BE APPROVED SUBJECT TO A SIDEWALK IMPROVEMENT AGREEMENT BEING SIGNED WITH THE CITY OF ASPEN. ,I JK '-~ ,,- - -" MEMDRANDUM TD: Ron Stock, City Attorney Dave Ellis, City Engineer FRDM: Richard Grice, Planning Dffice RE: Miller Subdivision Exemption DATE: June 22, 1979 Attached please find application for subdivision exemption filed by Monte M. and Carolyn W. Miller. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, August 21, 1979. Therefore, may I please have your written comments concerning this application no later than Monday, August 13, 1979. Thank you. '" ."."",. ....if ....,..... LAW OFFICES OATES. AUSTIN. MCGRATH 8. .JORDAN 600 EAST HOPKINS AVENUE LEONARD M. OATES RONALD D. AUSTIN ..J. NICHOLAS MCGRATH. ..JR. WILLIAM R. ,JORDAN m ASPEN, COLORADO 81611 June 21, 1979 ROBERT W. HUGHES RICHARD A. KNEZEVICH ARl:::A CODE 303 TELEPHONE 925-2600 City Council City of Aspen 130 South Galena Aspen, Colorado 81611 Planning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 Aspen/Pitkin Planning Office Ci ty Hall 130 South Galena Aspen, Colorado 81611 Re: Application for Subdivision Exemption, Lots M, N, 0, P, and Q, Block 35, City and Town Site of Aspen Ladies and Gentlemen: We represent Monte M. and Carolyn W. Miller who, by this application, seek an exemption from the definition of a subdivision (Section 20-19 (b), of the City Code) in connection with the proposed split of Lots M, N, 0, P, and Q, Block 35, City and Town Site of Aspen, into two separate parcels composed of Lots M, N, and 0 and Lots P and Q respectively. The property is zoned R-6 residential. An improvement survey of the property accompanies this application, along with our check for $50.00 for the filing fee. As you can see from the improvement survey, Lots M, N, and o are currently improved with a single family residence. Such single family residence is occupied by the Millers. Lots P and Q are vacant. It should be pointed out that the wire fence indicated on the survey has been removed. If a split of Lots M, N, 0, P, and Q was permitted wherein Lots M, N, and 0 became a separate parcel and Lots P and Q became a separate parcel, each such parcel would separately meet the area and bulk requirements imposed upon property located in an R-6 zone, Parcel M, N, and 0 would be 9,000 square feet and have a lot width of 90 feet. The residence located on such lot has a front yard setback of approximately 15 feet, a side yard setback of 6 feet on the easterly boundary and approximately 30 feet on westerly boundary, and a rear yard setback of 15 feet. OATES, AUSTIN, MCGRATH 8. .JORDAN City Council Planning Commission Aspen/Pitkin Planning Office June 21, 1979 Page Two Lots P and Q would consist of 6,000 square feet and would have a lot width of 60 feet. Any improvements placed upon lots P and Q would, of course, have to meet the remaining requirements of R-6 zoning. The Millers understand that the split of the existing lots may constitute a subdivision under existing interpretations of the City Code. However, the principal purpose and intent of the subdivision laws is to accomodate orderly and planned development. Since the lots are in the middle of the City, concerns associated with a new division of land such as growth patterns, geologic hazards, extensions of public services, subdivision design standards and the like would not be involved here. Consequently, the Millers believe that a subdivision exemption is appropriate in this case. The Millers' principal objective in splitting the lots into two parcels is to enable them partially to liquid their investment in the property and to engage in more effective estate planning for their family. We would also like to point out that the lot split would be in character with the rest of the surrounding neighborhood. Naturally, we will be happy to provide you with any further information you might require. We would appreciate an early setting on the planning and zoning commission agenda. Thank you for your time and consideration. Sincerely, OATES, AUSTIN, McGRATH & JORDAN By ~A~'K1~~i~jY"~ ~ RAK/sod