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FINANCE DEPARTMENT
CITY OF ASPEN
CASHIER'S RECEIPT
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Rfc,corded at 1:40 P.M., Dece.'~r 24, 1975 by Julie Hane,Recor
Reception No.
,.. 180470
800K307 PAGE 2fi
STATEMENT OF EXEMPTION FROM THE
DEFINITION OF SUBDIVISION
WHEREAS, JAMES MOLLICA and PATRICIA MANUEL have made
application, pursuant to Section 20-19 of the Aspen Municipal
Code, for an exemption from the definition of subdivision for
the condominiumization of a duplex structure situate on the
fOllowing described property located in pitkin County, Colo-
rado, to wit:
Lot 3, Block 2, Pitkin Mesa Subdivision, Aspen, Colorado,
AND WHEREAS, the Planning and Zoning Commission has re-
commended approval of such exemption, subject to certain con-
ditions, and the City Council has ratified such approval, 9ut
accepted some, and rejected other, conditions imposed by the
commission,
THEREFORE, PLEASE TAKE NOTE, that the Aspen City Council,
at its meeting held Monday, December 22, 1975, did grant an
exemption from the definition of subdivision to the condominium-
ization of the duplex structure situate on that parcel of land
hereinabove described; provided, however, that such exemption
was conditioned as follows:
1. That the applicants affirmatively consent to and
join in the formation of any special improvement district,
encompassing all or any part of the tract hereinabove described,
that may hereafter be proposed or formed for the construction
of street improvements (including sidewalk, curb, gutter or
paving) or the undergrounding of overhead utility lines; and
waive and further covenant and agree to waive any right of
protest against the formation of any such district.
-1-
"
BOOK307 PAGE 27
.
2. That the applicants agree that, in the event the City,
at any time or from time to time, shall construct or install
any improvements described in Paragraph 1 above (including
undergrounding of utilities) without the formation of a special
assessment district, they will reimburse the City, upon demand,
for that portion of the actual cost of such improvements which
is properly allocable to the above described property.
3. That the conditions imposed on the applicants shall
be deemed covenants and run with the land, shall burden the
land for which this exemption is granted, and shall bind and
be specifically enforceable against all present and subsequent
owners hereof, including the applicants, their successors in
interest and assigns.
THIS NOTICE is given this
1975.
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;:; iza eth Kyl'tn'
Acting City Clerk
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ATTEST:
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COUNTY
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OF PITKIN
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The foregoing STATEMENT OF EXEMPTION FROM THE DEFINITION
OF SUBDIVISION was acknowledged before me this 23rd. day of
December, 1975, by STACY STANDLEY III and ELIZABETH KYLM, known
to me to be the Mayor and Acting City Clerk of the City of Aspen,
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1, 1979.
official seal. My commission
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Sandra . tuller
Notary Public
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Colorado.
Witness my hand and
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SPEN
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81611
MEMORANDUM
DATE: December 18, 1975
TO: Members of City Council
FROM::~1Iandra M. Stuller
RE: Manuel Request for Exemption
from the Definition of Subdivision
This is a request for an exemption from the definition of
subdivision and requires City Council approval subsequent to
receipt of a P & Z recommendation. The elements of the request
are described in the MOllica/Manuel letter of December 3rd
attached.
7he Planning and Zoning Commission granted approval sub-
ject to three conditions, namely that:
(1) The applicants agree to )01n any future improvement
districts formed for the purposes of constructing street
improvements (including sidewalk, curb, gutter or paving)
or undergrounding of overhead utility lines.
(2) The applicants agree to reimburse the City for
their proportionate share of the cost of the above
improvements should the City elect to construct them
without the formation of a special assessment district;
and
(3) The applicants pay the requisite subdivision
dedication fee.
:iith respect to the third, please note that duplexes are,-at present,
exempt from dedication requirements, but the condition was imposed
by the Commission in conformance with its pending recommendation to
you to eliminate the exemption for duplex, triplex and fourplex
structures. The applicants have agreed to all three conditions.
If you are amenable to the request, an appropriate state-
ment is attached.
SS/pk
MEMORANDUM
TD: Aspen Planning Commission
FROM: Planning Staff (HC)
RE: Subdivision Exemption - Manuel - PITKIN MESA
DATE: December 11, 1975
This is a request for condominiumizatiDn of a duplex located on
Lot 3, Block 2, Pitkin Mesa Subdivision initiated by Jim
Mollica for Patty Manuel.
The Planning Office recommends approval of the subdivision exemption
request subject to the following stipulations:
1. The requirements of the City Engineer (to be
received Tuesday).
2. Non-waiver of the open space dedication requirements.
Regarding condition No.2, the Aspen City Council will consider adoption
of the revised open space dedication ordinance (which P & Z approved
on December 9, 1975) which requires duplexes to pay open space dedication
fees. Sandy Stuller advises pursuant to her memo of December 11, 1975
regarding Wedum Hyman that this would be a proper requirement since
Council will formally consider adoption of the amendment.
Mason & MORSe
INCORPORATED
--
POST OFFICE BOX Q
ASPEN. COLORADO 81611
PHONE: 303 925-7000
December .0, 1975
Mr. Hal Clark
City of Aspen Planning Department
P.O. Box U
Aspen, CO 81611
Re: Condominiumization of duplex located on Lot 3, Block 2,
pitkin Mesa Subdivision, Aspen, Colorado
Dear Hal:
I am submitting this letter requesting permission to condo-
miniumize an existing duplex.
I have under contract with William Harmon and Melvin Beckett
the purchase of a duplex located on Lot 3, Block 2, pitkin
Mesa Subdivision. I also have an agreement with Patty and
George Manuel to purchase one duplex unit as a condominium
unit if condominiumization is granted.
The sole purpose for this proposed condominiumization is to
obtain housing for two Aspen locals at a reasonable cost.
If the exemption is granted by the City of Aspen Planning
and Zoning Commission, the Manuels and I will purchase the
two duplex units as separate condominium units and will be
able to obtain separate financing for each unit. The effect
and use of the property will be no different than that which
has been since the duplex was first constructed approximately
five years ago.
The Manuels have been in Aspen approximately six years, have
two daughters, and presently live in Aspen Village Trailer
Court. I have resided in Aspen for two years, and I presently
rent in Mountain Valley. Both of our intentions are to occupy
the subject property.
The condominiumization of the duplex will be a separation of
"structure only" and a use agreement for the land will be
drawn up. Mr. Bill Jordan, Attorney at Law, will prepare
the agreement if condominiumization is granted. Tri-Co
management is in the process of preparing an improvement
survey.
I am submitting this letter as a brief summary of our proposed
plans to condominiumize. If further information is needed
or compliance with the provisions of Section 20-10 of the
Code of the City of Aspen requesting an exemption is necessary,
I will be happy to supply it promptly.
Thank you for your time and consideration.
Res~ectfully submitted,
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Patty Manuel
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JM/am
STATEMENT OF EXEMPTION F~M THE
DEFINITION OF SUBDIVISION
WHEREAS, WILLIAM HARMON and MELVIN BECKETT have made
application, pursuant to Section 20~19 of the Aspen Municipal
Code, for an exemption from the definition of subdivision for
the condominiumization of a duplex structure situate on the
following described property located in Pitkin County, Colorado,
to wit:
Lot 3, Block 2, pitkin Mesa Subdivision,
Aspen, colorado, and
WHEREAS, the planning and Zoning commission has recommended
approval of such exemption, subject to certain conditions, and
the City Council has ratified such approval but conditioned the
approval in the same manner as did the commission,
THEREFORE, PLEASE TAKE NOTE, that the City Council, at its
meeting held Monday, December 22, 1975, did grant an exemption from
the definition of subdivision to the condominiumization of the
duplex structure situate on that parcel of land hereinabove des-
cribed; provided, however, that such exemption was conditioned as
follows:
1. That the applicants pay a subdivision dedication
fee calculated according to the schedule in Section 20-20,
of the Aspen Municipal Code and waive the benefits of sub-
paragraph (5) of said Section ~0-20.
2. That the applicants affirmatively consent to and
join in the formation of any special improvement district,
encompassing all or any part of the tract hereinabove des-
cribed, that may hereafter be proposed or formed for the
"construction of street improvements (including sidewalk,
-curb, gutter or paving) or the undergrounding of overhead
utili~~ines; and waiv~a~u~ther covenant and agree
to waive any right to protest against the formation of any
such district.
c.:..:..
...."--
STATEMENT OF EXEMPTION FROM THE
DEFINITION OF SUBDIVISION
WHEREAS, WILLIAM HARMON and MELVIN BECKETT have made
application, pursuant to Section 20-19 of the Aspen Municipal
Code, for an exemption from the definition of subdivision for
the condominiumization of a duplex structure situate on the
following described property located in Pitkin County, Colorado,
to wit:
Lot 3, Dlock 2, pitkin Mesa Subdivision,
Aspen, Colorado, and
WHEREAS, the Planning and zoning commission has recommended
approval of such exemption, subject to certain conditions, and
the City Council has ratified such approval but conditioned the
approval in the same manner as did the Commission,
THEREFORE, PLEASE TAKE NOTE, that the City Council, at its
meeting held Monday, December 22, 1975, did grant an exemption from
the definition of subdivision to the condominiumization of the
duplex structure situate on that parcel of land hereinabove des-
cribed; provided, however, that such exemption was conditioned as
follows:
1. That the applicants pay a subdivision dedication
fee calculated according to the schedule in Section 20-20
of the Aspen Municipal Code and waive the benefits of sub-
paragraph (5) of said Section 20-20.
2. That the applicants affirmatively consent to and
join in the formation of any special improvement district,
encompassing all or any part of the tract hereinabove des-
cribed, that may hereafter be proposed or formed for the
construction of street improvements (including sidewalk,
curb, gutter or paving) or the undergrounding of overhead
utility lines; and waive and further covenant and agree
to waive any right to protest against the formation of any
such district.
r'....
3. That the applicants agree that, in the event the
City, at any time or from time to time, shall construct
or install any improvements described in Paragraph 2 above
(including undergrounding of utilities) without the form-
at ion of a special assessment district, they will reimburse
the City, upon demand, for that portion of the actual cost
of such improvements which is properly allocable to the
above-described property.
4. That the conditions imposed on the applicants shall
be deemed covenants and run with the land, shall burden the
land for which this exemption is granted, and shall bind and
be specifically enforceable against all present and subsequent
owners hereof, including the applicants, their successors
in interest and assigns.
This notice is given this
day of
1975.
STACY STANDLEY III, MAYOR
ATTEST:
KATHRYN HAUTER, CITY CLERK
STATE OF COLORADO )
) ss.:
COUNTY OF PITKIN )
The foregoing STATEMENT OF EXEMPTION FROM THE DEFINITION OF
SUBDIVISION was acknowledged before me this
day of
1975, by STACY STANDLEY III and
, known to me
to be the Mayor and (acting) City Clerk respectively of the City of
Aspen, Colorado. Witness my hand and official seal.
Notary Public
My commission expires: