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HomeMy WebLinkAboutcoa.lu.ex.Oppens/Uhfelder, Lots 7-10 Jon K. Mulford, Lawyer 600 East Hopkins . Aspen, Colorado 81611 (303) 925-8780 September 18, 1978 September 18, 1978 Aspen Planning & Zoning Commission c/o City-County Planning Office City Hall Aspen, Colorado 81611 Attn: Richard Grice RE: Oppens/Uhlfelder Subdivision Exemption Ladies and Gentlemen: This letter constitutes the application of Edith Oppens for a subdivision exemption for the purposes of replatting lots 7, 8, 9, and 10, in Block 99, Hallam's Addition to the City of Aspen. A residence occupied by Kurt and Edith Oppens occupies the north portion of these lots, which are at the corner of Gillespie Avenue and North 4th Street. The southerly portion of the lots is vacant. These lots were previously divided in the same way as we now seek to replat them, when the northerly portion was conveyed by Phyllis W. Chatfield and Raymond C. Chatfield, by deed dated October 2, 1964, recorded in Book 209 at Page 369, to Kurt H. Oppens, Edith Oppens and Ursula Oppens. By another deed dated December 9, 1963, the Chatfield's conveyed the southerly portion to J. Cooke Wilson, Jr., the deed being recorded in Book 205 at Page 182. Subsequently, Oppens acquired the southerly part from Wilson. At a later date title to both parcels was vested in Edith Oppens alone, the present record title holder. Mrs. Oppens wishes to sell the south parcel to Naomi Uhlfelder. Five copies of a current title insurance commitment issued by Aspen Title Company showing the present ownership and existing easements is enclosed in this letter. September 15, 1978, I delivered five copies of a survey of the lots prepared September 6th by Luther Fuller, registered land surveyor. , Aspen Planning & Zoning Commission September 18, 1978 Page 2 This application is submitted under Section 20-19 of the Aspen Code. We believe undue hardship will result to Mrs. Oppens if this replatting is not permitted, for the reason that the existing house on the northerly portion of the lots occupies the width of three lots, and a division along the original lot lines would not provide a building site of a minimum 6,000 square feet. The proposed division will create two lots, one of 7,078 square feet and the other of 6,329.5 square feet in an "R-6" zone. Unless this replatting were allowed, Mrs. Oppens would not be able to sell the vacant land or build an additional single-family residence. We do not believe that the granting of this exemption will be detrimental to the public welfare or injurious to other property in the area. The exemption plat and the deed to Naomi Uhlfelder will limit the use of the south building site to one singe-family residence. Building plans will take into account the existing overhead electric and phone lines, and the existing sewer service line running north and south on lot 9. The irrigation ditch does not affect the south site. Enclosed find my check in the amount of $50 to cover the subdivision exemption processing fee. We request that copies of this letter, together with the survey and title insurance commitment, be circulated to the.appropriate city offices for review and comment so that this matter may be placed on the Planning and Zoning Commission Agenda for the first meeting in October. The plat will be redrafted in more suitable form with appropriate certificates to be signed by the surveyor, owner, planning and zoning commission and City Council prior to recording. Any questions about this application should be directed to me. (jfvery tr'f. J K. Mulford J :kkm Enclosures M E M 0 RAN DUM TO: Aspen City Council FROM: Planning Office (RG) RE: Oppens/Uhlfelder Subdivision Exemption DATE: November 8, 1978 The attached letter of application requests exemption from sub- division for the purpose of replatting lot 7, 8, g and 10 in Block 99 of the Hallam Addition to the City of Aspen so as to create one additional single family homesite. This application is made pursuant to Ordinance #3 of the series 1978. The property is zoned R-6 and the total square footage is 13,407. The division of land sought by Kurt and Edith Oppens would not be along the previously existing townsite lot line but rather would be crossing these lot lines in a perpendi- cular manner. The result of the proposed division would be the creation of two lots, one would be '7,078 square feet and the other 6,329.5 square feet. The application was referred to City Engineering. -Dave Ellis has commented after reviewing the exemption application and making a site inspection that there are no substantial problems which have not been addressed by the applicant. He recommends that you grant this subdivision exemption request subject to the preparation and recording of an approved exemption plat showing the new lot lines and descriptions and easements. We recommend you condition your approval on the satisfaction of City Engineering plat requirements. Ron Stock, City Attorney, has reviewed the subdivision exemption request and has no problems with the request. He recommends your approval. The application was reviewed by the Aspen Planning and Zoning Commission at their regular meeting on October 17, 1978. At that time the Planning and Zoning Commission recommended approval of the exemption request subject to the preparation and recording of an improved exemption plat showing the new lot line descriptions acceptable to the City Engineer. sr M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: OppensjUhlfelder Subdivision Exemption DATE: October 12, 1978 The attached letter of application requests exemption from subdivision for the purpose of replatting lot 7, 8, 9 and 10 in Block 99 of the Hallam Addition to the City of Aspen so as to create one additional single family homesite. This application is made pursuant to Ordinance #3 of the Series 1978. This property is zoned R-6 and the total square footage is 13,407. The division of land sought by Curt and Edith Oppens would not be along the previously existing Townsite lot line but rather would be crossing these lot lines in a perpendicular manner. The result of the proposed division would be the creation of two lots, one would be 7,078 square feet and the other 6,329.5 square feet. The application was referred to City Engineering. Dave Ellis has commented after reviewing the exemption application and making a site inspection that there are no substantial engineering problems existing which have not been addressed by the applicant. He recommends that you grant this subdivision exemption request subject to the preparation and recording of an approved exemption plat showing the new lot line descriptions and easements. We recommend you condition your approval on the satisfaction of City Engineering's plat requirements. Ron Stock, City Attorney, has reviewed the subdivision exemption request and has no problems with it at all. He recommends your approval. The Planning Office recommends approval. sr ---- M E M 0 RAN DUM FROM: RICHARD GRICE PLANNING DAVE ELLIS ~ CITY ENGINEER TO: DATE: October 12, 1978 RE: Subdivision Exemption - Lots 7-10, Block 99, Hallam's Addition (Oppens/Uhlfelder) After reviewing the above exemption application and making a site inspection, the engineering department feels that there are no substantive engineering problems existing which have not been addressed by the applicant, Hence, we recommend granting of the exemption request subject to preparation and recording of an approved exemption plat showing the new lot descriptions and easements, jk r Jon.. ulford, Lawyer 600 Ea"~opkins . Aspen, Colorado 81611 (03) 925,8780 September 18, 1978 September 18, 1978 Aspen planning & Zoning commission c/o City-County planning Office City Hall Aspen, Colorado 81611 Attn: Richard Grice RE: Oppens/Uhlfelder Subdivision Exemption Ladies and Gentlemen: This letter constitutes the application of Edith Oppens for a subdivision exemption for the purposes of replatting lots 7, 8, 9, and 10, in Block 99, Hallam's Addition to the City of Aspen. A residence occupied by Kurt and Edith Oppens occupies the north portion of these lots, which are at the corner of Gillespie Avenue and North 4th Street. The southerly portion of the lots is vacant. These lots were previously divided in the same way as we now seek to replat them, when the northerly portion was conveyed by Phyllis W. Chatfield and Raymond C. Chatfield, by deed dated October 2, 1964, recorded in Book 209 at Page 369, to Kurt H. Oppens, Edith Oppens and Ursula Oppens. By another deed dated December 9, 1963, the Chatfield's conveyed the southerly portion to J. Cooke Wilson, Jr., the deed being recorded in Book 205 at Page 182. Subsequently, Oppens acquired the southerly part from Wilson. At a later date title to both parcels was vested in Edith Oppens alone, the present record title holder. Mrs. Oppens wishes to sell the south parcel to Naomi Uhlfelder. Five copies of a current title insurance commitment issued by Aspen Title Company showing the present ownership and existing easements is enclosed in this letter. September 15, 1978, I delivered five copies of a survey of the lots prepared September 6th by Luther Fuller, registered land surveyor. , , ~., Aspen Planning & zoning Commission September 18, 1978 Page 2 This application is submitted under Section 20-19 of the Aspen Code. We believe undue hardship will result to Mrs. Oppens if this replatting is not permitted, for the reason that the existing house on the northerly portion of the lots occupies the width of three lots, and a division along the original lot lines would not provide a building site of a minimum 6,000 square feet. The proposed division will create two lots, one of 7,078 square feet and the other of 6,329.5 square feet in an "R-6" zone. Unless this replatting were allowed, Mrs. Oppens would not be able to sell the vacant land or build an additional single-family residence. We do not believe that the granting of this exemption will be detrimental to the public welfare or injurious to other property in the area. The exemption plat and the deed to Naomi Uhlfelder will limit the use of the south building site to one singe-family residence. Building plans will take into account the existing overhead electric and phone lines, and the existing sewer service line running north and south on lot 9. The irrigation ditch does not affect the south site. Enclosed find my check in the amount of $50 to cover the subdivision exemption processing fee. We request that copies of this letter, together with the survey and title insurance commitment, be circulated to the appropriate city offices for review and comment so that this matter may be placed on the Planning and Zoning Commission Agenda for the first meeting in October. The plat will be redrafted in more suitable form with appropriate certificates to be signed by the surveyor, owner, planning and zoning commission and City Council prior to recording. Any questions about this application should be directed to me. truly Enclosures J I ....... Jon K. Mulford, Lawyer 600 East Hopkins . Aspen, Colorado 81611 (303) 925,8780 September 18, 1978 September 18, 1978 Aspen Planning & Zoning Commission c/o City-County planning Office Ci ty Hall Aspen, Colorado 81611 Attn: Richard Grice RE: Oppens/Uhlfelder Subdivision Exemption Ladies and Gentlemen: This letter constitutes the application of Edith Oppens for a subdivision exemption for the purposes of replatting lots 7, 8, 9, and 10, in Block 99, Hallam's Addition to the City of Aspen. A residence occupied by Kurt and Edith Oppens occupies the north portion of these lots, which are at the corner of Gillespie Avenue and North 4th Street. The southerly portion of the lots is vacant. These lots were previously divided in the same way as we now seek to replat them, when the northerly portion was conveyed by Phyllis W. Chatfield and Raymond C. Chatfield, by deed dated October 2, 1964, recorded in Book 209 at Page 369, to Kurt H. Oppens, Edith Oppens and Ursula Oppens. By another deed dated December 9, 1963, the Chatfield's conveyed the southerly portion to J. Cooke Wilson, Jr., the deed being recorded in Book 205 at Page 182. Subsequently, Oppens acquired the southerly part from Wilson. At a later date title to both parcels was vested in Edith Oppens alone, the present record title holder. Mrs. Oppens wishes to sell the south parcel to Naomi Uhlfelder. Five copies of a current title insurance commitment issued by Aspen Title Company showing the present ownership and existing easements is enclosed in this letter. September 15, 1978, I delivered five copies of a survey of the lots prepared September 6th by Luther Fuller, registered land surveyor. , ;. Aspen Planning & Zoning Commission September 18, 1978 Page 2 This application is submitted under Section 20-19 of the Aspen Code. We believe undue hardship will result to Mrs. Oppens if this replatting is not permitted, for the reason that the existing house on the northerly portion of the lots occupies the width of three lots, and a division along the original lot lines would not provide a building site of a minimum 6,000 square feet. The proposed division will create two lots, one of 7,078 square feet and the other of 6,329.5 square feet in an "R-6" zone. Unless this replatting were allowed, Mrs. Oppens would not be able to sell the vacant land or build an additional single-family residence. We do not believe that the granting of this exemption will be detrimental to the public welfare or injurious to other property in the area. The exemption plat and the deed to Naomi Uhlfelder will limit the use of the south building site to one singe-family residence. Building plans will take into account the existing overhead electric and phone lines, and the existing sewer service line running north and south on lot 9. The irrigation ditch does not affect the south site. Enclosed find my check in the amount of $50 to cover the subdivision exemption processing fee. We request that copies of this letter, together with the survey and title insurance commitment, be circulated to the appropriate city offices for review and comment so that this matter may be placed on the Planning and Zoning Commission Agenda for the first meeting in October. The plat will be redrafted in more suitable form with appropriate certificates to be signed by the surveyor, owner, planning and zoning commission and City Council prior to recording. Any questions about this application should be directed to me. Very truly yo k'. Enclosures ,r-" ......,.... .~ M E M 0 RAN DUM TO: Dave Ellis, City Engineer Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE; Oppens/Uhlfelder Subdivision Exemption DATE: September 27, 1978 This application is made pursuant to Ordinance #3 of the Series 1978. It requests subdivision exemption for the purpose of creating one additional single family homesite within the original Aspen Townsite. This item is tentatively scheduled for review by the City Planning and Zoning Commission on October 17th. Could I please have your written comments returned to the Planning Office no later than October 10th. If this date presents a problem, please let me know. Thank you. sr U-"iIFE TITLE INSURANCE Company of Dallas :) Jl" ll. , '. I . .' Commitment for Title Insurance USUFE Title Insurance Company of Dallas, herein called the Company, for valuable consideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the eHective date hereof or when the policy or policies cOlT"mitled for shall issue. whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized oHicer or agent Schedule A 1. Effectived"e 8-29-78 at 8:00 A.M. 2, Policy or policies to be issued: Ca,. NoJ8-,08-1'!9 Inquiries directed to_J_1!g~J9 Naomi Uhlfelder Amount' n__~,.oQO.OO Pcemium ,_.313.00 Tax Certificate 5.00 (Ordered, not yet received) A ALTA Owner's Policy Proposed Insured B ALTA Loan Policy Proposed Insured Amount $ Premium $ C AmOUllt $ Premium $ 3. The estate or interest In the land described or referred to in this commitment and covered herein is fee simple and title thereto IS at the effective date hereof vested in Edith Oppens 4 The land referred to in this commitment is described as follows A tract of land being the south part of Lots 7, 8, 9 and 10 in Block 99 Hallam's Addition adjacent to the City of Aspen. Said tract lies in the SW 1/4 of the NE 1/4 of Section 12, Township 10 South, Range 85 West of the 6th P.M. and is more fully described as follows: Beginning at the southeast corner of said Lot 10 whence the southeast corner of the SW 1/4 of the NE 1/4 of Section 12 bears S. 9053' E. 192.75 feet; thence North 70.00 feet along the East line of Lot 10; thence West 100.00 feet to the west line of Lot 7; thence South 56.59 feet along the West line of Lot 7 to the southwest corner of Lot 7; thence S. 82022' E. 100.90 feet along the South line of Lots 7, 8, 9 and 10 to the point of beginning. Schedule B-Section 1 Requirements The following are the requirements to be complied with Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: (C) Deed from Edith Oppens vesting fee simple title in Naomi Uhlfelder. (OVER) ~"",,,,,Iu "^II ^'--' ,,',' ^~,n{"'~"^''''''''H.~..,,, Schedule B-Section 2 Exceptiorf'*", ", ""'" Street Address of Property ____________..__ , " The policy ar policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Cumpany: 1. Rights or claims of parties in possession not shown by the public records 2 Easements. or claims of easements, not shown by the public records. 3 Discrepancies, conflicts in boundary lines, shortage in area. encroachments. and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public recards 4 Any lien. or right to a lien, for services, labor or material theretofore or hereafter furnished. imposed by law and not shown by the public records 5 Defects. liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered_n______ __________are hereby omitted 6. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises, as reserved in United States Patent recorded June 8, 1888, in Book 55 at Page 2. 7. The lien of all taxes for the year 1978, and thereafter. 8. Any tax, assessments, fees or charges by reason of the inclusion of the subject property in Aspen Fire Protection District, Aspen Sanitation District and/or Aspen Metropolitan Sanitation District, and Aspen Street Improvement Dis tric t. 9. Easements for sewer, gas, electric and telephone lines and for water ditch purposes as set out in deed recorded December 13, 1963, in Book 205 at Page 182, 183. Conditions nnd Stipulations The term 'mortgage,' when used herem, sh<lll include deed of trust. trust deed, or other security instrument. 2 If the ploposed Insured has or Clcquires actuClI knowledge of any defect. lien, encumbrance, adverse claim or other matter affecting Ill(' ('SIdle 01 IlllUI~st or mortgage thereon covered by this CommItment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of rcliolOce hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured ';h.lll disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations 3 liability of the Camp.my under this Commitment shall brJ only to the n{lmed proposed Insured and such parties included under the delinition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking In !load faith (a) to comply with the reqUirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the est"Jte of Interest or mortgage thereon covered by this Commitment I,l no event shall such liability exceed the amount stated in Schedule A tor the policy ur poliCies committed for and such liability is subject to the insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy 01 ;)olicies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4 Any claim of loss or dam<lge, whether or not based on negligence, and which arises out of the status of the title to the estate or 1I\1elest or the lien 01 the insured murtgilge covered hereby or any action asserting such claim, shall be restricted to the provisions and corl(llllons ilnd stlpul,ltions of thiS commitment /"~-,,\ ~EAL) "'-' ......---,-"" IN WITNESS WHEREOF, the Company has caused this Commitment to be signed an authorized officer or agent of the Company, all in accordance with its By-laws in Schedule A as "Effective Date' USllFE Title Insurance Company of Dallas and sealed, to become valid when countersigned by This Commitment is effective as of the date shown ~/!/~ Pfes,d~flI & CllIef {<('elillve Of/,cer ~-;/.~ ArreH l~ecullVe VICe PreSldenr 5ecreri"Y ~nd fre"-'!Jlel ,~_~./}-_= '__~_ f___ AUlho"ze- Slgnalur~ ~~-~ r <,,,,.,':'';"'1.- ""-"'~~: . 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" . ~ =C:-i t' ~""'."'8 '< ~I ~ \l ~l ~" ::' jtlllr; :!' ~. fr~= .. . ..... It . ~ 2'" = 1 11 II 0 I ~ ~ . ~ '<~. . 0 .... II _,., II i!i;::o- ~ .:~t'. ""'- ~,." t ~I;;: ;- Oo"Oo&.i " . n~;:r ~ ~1-3 II f .. .~ r in i ". ~ Ii . ~ ;- .......... .... , 4-q- €'rl , , ,'4i, . ~ . CITY Olr ASPEN 130 south galena s,treet aspen, colorado 81611 January 25, 1979 Jon K. Mulford, Esq. 600 East Hopkins Aspen, Colorado 81611 Re: Oppens/Uhlfelder Park Dedication Fee - Dear Jon: Per your request in the attached letter dated December 19, 1978, the City agrees to delay payment of the park dedication fee until the time that your client or their successor requests a building permit for a structure to be constructed on the vacant building site. YP?rs very truly, ') \1- ~ ~w~~ Rondld W. Stock\ City Attorney RWS : lac cc:,~athryn Koch Clayton Meyring '~^r .' , j, ......~ . .- ......,0. , ., .~ , . .-~. J . . , 1 :J . . I , A . ..~ . . . .