HomeMy WebLinkAboutcoa.lu.ex.Lots:D-K,Blk48.starodoj.1977
~ecorded 9; 36 AMg 30, 1977 Reception # l
Julie Hane Recorder
STATEMENT OF EXEMPTION FROM
THE DEFINITION OF SUBDIVISION
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SOlI< 334 !'AGE 239
WHEREAS, ROBERT F. STARODOJ ("applicant") has caused
to be divided six (6) city lots into (3) three building sites
located within the City of Aspen, which location is more particular-
ly described as:
Lots 0, E, F, G, H & I
Block 48
City and Townsite of Aspen
Pitkin County, Colorado.
WHEREAS, the applicant has applied, pursuant to the
provisions of Section 20-19 (b) of the Aspen Municipal Code, for
an exemption from the definition of subdivision for the creation
of three separate building sites on each of the above described
sites (0 & E),(F & G), and (H & I), and
WHEREAS, the Aspen Planning and Zoning Commission did,
at its meeting held June 16, 1977, determine that this proposed
division is without the intents and purposes of subdivision
regulatation (subject to certain conditions) and did further
recommend to the City Council that the requested exemption be
granted, and
WHEREAS, the Aspen City Council, at a regular meeting
held June 27, 1977, did consider the requested exemption,
did agree that issuance of an exemption is appropriate, and did
grant the same subject to certain conditions,
THEREFORE, NOTICE IS HEREBY GIVEN that the City Council
of the City of Aspen, Colorado, has granted an exemption from
the definition of subdivision for the creation of three separate
building sites/and conveyance of separate interests.
PLEASE TAKE FURTHER NOTICE that this grant of exception
is conditioned as follows:
1. That the applicant shall pay to the City of Aspen
the appropriate Park Dedication Fee attributable to the three (3)
sites and calculated pursuant to Section 7-143 of the Aspen
Municipal Code, which amount shall be paid on the date that a
building permit is issued on any of the above mentioned sites.
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BOO1\ 334 !'AtE 240
2. That all sites be subject to the
City's rental policy of six month minimum rental, with allowance
of two short term rental restrictions.
3. That the conditions hereby imposed shall be deemed
covenants running with the land and burden the same, and be
binding upon the applicant, his heirs, assigns and successors
in interest.
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City Clerk of
the City of Aspen, Colorado, do hereby certify that the foregoing
exemption from the definition of subdivision was gran.te.d",p,,y the
Aspen City Council at its regular meeting held~:f'lilt~;1977.
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City
Ci ty of Aspen
STATE OF COLORADO )
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COUNTY OF PITKIN )
The foregoing was acknowledged before me this df'7fU.day
~ ' 1977, by St,oy St,,'l,y, Ill, ",yo" ,,' by
_ ,/Cl/.tA.vh"'-( City Clerk, of the City
of Aspen, Colorado.
WITNESS MY HAND AND OFFICIAL SEAL.
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Notary Public
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Staff (KS)
RE: Stardoj - Subdivision Exemption
DATE: June 23, 1977
This is a request by Robert Stardoj for Subdivision Exemption to Subdivide
Lots D thru I, Block 48, Aspen Townsite which are six lots on Smuggler
Street at its intersection with First Street. The property is zoned R-6
requiring two city lots or a minimum lot area of 6,000 square feet for
a single-family dwelling. The property could be developed under one
ownership without subdivision exemption for 3 single-family dwellings.
The subdivision exemption allows the division of the land for sale
purposes. The property is undeveloped at this time and used as horse
pasture.
The City Engineer has no comments.
The Planning Office and Planning and Zoning Commission recommend granting
subdivision exemption subject to the following conditions:
l. Payment of the Park Dedication Fees at the time of
building permit application.
2. A minimum six month lease requirement on each dwelling.
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P.O. Box Q
Aspen, Colorado
June l6, 1977
Mr. Hal Clark
Aspen, Colorado
Dear Hal:
In reference to the Shaw property, Lots D, E, F, G,
H and I, Block 48, I have come up with the following
formula for the park dedication fee. Although I feel
this number is still exhorbitant, I guess I have no
choice but to pay it. It sure would appear to me that
Bobby George's comments of a year ago are starting to
ring awfully heavy in my ears. Please call me if you
concur.
(i) 2.7 (2-bedroom - 2.7 residents) X 0.0025 acres
X 43,560 (sq.ft. per acre) = a dedication of
294.03 square feet.
( i i i )
$58,333.33 Purchase rice, Lots F and G
6000 sq.ft., Lots F and G)
(Market value of land per sq. ft.)
$9.72 X 294.03 = $2,852.09 (dedication fee
for Lots F & G).
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Robert F. Starodoj
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RFS: f1
May 26, 1977
Mr. Hal Clark
City/County Land use
Administrator
130 S. Galena
Aspen, Colorado 81611
Planning and Zoning Commission
130 S. Galena
Aspen, Colorado 81611
City Council
City of Aspen
130 S. Galena
Aspen, Colorado 81611
RE: Lots D, E, F, G, H, and I,
Block 48, City of Aspen, County
of Pitkin, State of Colorado
APPLICATION OF ROBERT F. STARODOJ FOR
EXEMPTION FROM THE DEFINITION OF SUBDIVISION
.. Ladies. -and-{;entl~men:-
I have a contract to purchase from the Shaw Estate and
Dorothy Koch Shaw, Lots D, E, F, G, H, and I, Block 48, which are
six city lots on Smuggler Street. No other property is involved
in this application. with the exception of two sheds and some
fencing, all in very poor condition, there are no structures of
any kind situated on the property. The property is zoned R-6
requiring two city lots or a minimum lot area of 6,000 square feet
for the construction of a single-family residence.
It is my intention to retain Lots H and I, sell Lots D and
E to my brother, Thomas S. Starodoj, and sell Lots F and G to Larry
Carter. Neither I nor my brother presently have any plans to build
on the lots; however, Mr. Carter may, in the near future, request
a building permit for the construction of a single-family, victorian-
style residence to be constructed on Lots F and G.
Thank you kindly for your consideration in this matter.
R
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SMUGGLER ST.
F N D. COR. 180.00' SET. COR
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Ft\lD. COR N75009'11"'iI 180.00' SET COR.
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I, Harold W. Johnson (Johnson-Longfellow & Asso.),
a registered surveyor in the state of Colorado do
hereby certify that on the 19th day of May, 1977, a
survey was made under my supervision of Lots D, E,
F, G, H and I, Block 48, Aspen, Colorado. All ease-
ments and encroachments in evidence or known to me
are as shown. Said survey is true and correct to
the best of my knowledge and belief.
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JOHNSON-LONGFELLOW & ASSO.
SURVEY PLAT
LOTS D.E.F,G.H a I i BLOCK 48
ASPEN, COLORADO
ohnson) Longf.l/o~ 8 Assoc. Inc.,
BOX 5&47 SNOWNASS VILL AGE COLO. 816115
JOB NO. 70-113 SCALE "= 40'
OAT AV
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M880n&MORSe
INCORPORATED
RECEIPT AND OPTION CONTRACT
(VACANT LAND)
MAIN OFFICE;
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE 303 925.7000
For use in sale of
VACANT LAND ONLY
March l6
.19E
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ROBERT F.r~RODOJ OR HIS NOMINEE
RECEIVED FROM
Purchaser (....-joiftt-tena~. the sum of $ 1 7 .$00 . 00 ,
in the form of pers ona 1 chec k to be heldhyRea 1 Es ta te A ffil i a tes. broker,
in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in
the City of As pen County of Pit kin . Colorado. to wit:
Lots D, E, F, G, H, and I, Block 48,
City of Aspen, County of Pitkin, State
of Colorado
with all easements and righft?ay appurtenant thereto, which property purchaser agrees to buy upo t? following
terms and conditions for the purchase price of $ 1 75 . 000 . 00 payable as follows $ 1 7 00 . 00
herebyreceiptedfor.$~ .~nn nn . paya b 1 e by ca s h i er' s ch ec k or
certified funds at date of closing.
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Seller may assign this contract to a third party in
connection with an exchange of the subject property
for other property, provided, however, that seller
shall require said party to agree to be bound by this
Price to include: V aca n t Land cont rac t as a cond it i on of such
exchange.
1. AR- "bgk~ @f-t+t+e-te- -eai~ltrilpet't~,~e-l~if.ieod-t'(') -d&t-e,~ fA current commitment fol' title insurance policy in
an amount equal to the~urchase price, at sel1er's~,.t.tofl "fI.ftod-expense, shall be furnished the purchaser on or before
Ma r c h 0 . 19.1L_.-U- !€l-Iet'-€ket~ kl-f~l"H~lr~td-tH:J.e +ri'l!lltl'ftnee- e{Jmm1-t".lent,$;eller will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
2. Title shall be merchantable in the seller. Subject to payment or tender as above provided and complianl'e \'lith
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a g'ood and sufficient
Q e n era 1 warranty deed to said purchaser on J u n e l6_____, loLL, or, by
mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes
for 19..ll, payable January 1, 19~1L,-a..d-0l(_t ..
; free and clear of all liens for special improvements now installed, whether assessed 01'
not; and free and clear of alltiens and encumbrances except:
and except easements for:
and subject to building and zoning regulations and the following- restrictive covC'nants:
3. General taxes for 19B- shall be apportioned to date of delivery of deed based on the most recent levy nnd th.,
most recent assf'Ssment. Prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums and intcrt'st on t'n.
cumbrances, if any, and ----- ------.---
shan be apportioned to date of delivery of deed.
The printed portion. of Ihis form approved by thc Coloradu Rcal Eslah" Cummiuioll (St' 26.10-75).
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4. The hour and place of closinJ: shall he as dcsiJ:nated by _ge.a 1 E s t.a te . A f f i 1 i a_te s ___..._ ___.
l'i. Possession of premises shull he delivered to purchaser on _~~ ~ t ~~J ___G..Jo_sj n 9______.____.__
subject to the followin~ lcn!'>cs or tenancies: non e .
6. In the event the premises are substantially dama~ed by fire, flood 01' other casualty bl'tween the date of this
agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may.
at the option of the purchaser herein, be declared null and void and any deposit herein made shall be immediately
returned to purchaser.
7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered 01' per-
formed as herein provided, there shall be the following- remedies. In the event a payment 01' any other condition hereof
is not made, tendered 01' performed by the purchaser, then this contract shall be null and void and of no effect, and
both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behali"
of the seller as liquidated damages. In the event that the. seller fails to perform any condition hereof as provided herein,
then the purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be
returned to the purchaser: provided, however, that the purchaser may, at his election, treat this contract as being in
full force and effect with the right to an action for specific performance and damai-E:!s,
8. In the event the seller fails to approve this instrument in writing within _J!u?L days from the date
hereof, or if title is not merchantable and \"ritten notice of defects is given to the seller or agent within the time
herein provided for delivery of deed and shall not be rendered merchantable within 60 days after such written notice,
then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from
all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of
the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may: within said 60
days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing- the title
to be free from such defects and seller shall pay full premium for such Title Insurance Policy.
9. Additional Provisions:
10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and
shall inure to the benefit of the heirs, su essors and assigns of said parties.
Purchast'r
Agent
Purchaser
Date
By:
17th
DOROTHY SHAW s.u"
Purchaser's Address
P. O. BOX 1121
Seller's Address