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Home My WebLink Aboutcoa.lu.ex.Lot2-MargaretMeadows-Subd.1976 Recorded 9:44 AM July 19, 19~6 Reception No. Julie Hane Recorder 1 .A.. ...;~ ,,' '-' ~." ,; 3Jor.314 i'AGE464 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, the provisions of Section 20-19(b) of the Aspen Municipal Code provide that, following receipt of a recommenda- tion from the Planning Commission, the City Council may exempt a particular division of land from the definition of a sub- division set forth in Section 20-3(s) of the Code,when, in the judgment of the City Council, such division of land is not within the intent and purpose of subdivision regulation, and WHEREAS, pursuant to said Section 20-19(b) , RICHARD W. and BONNIE FERRELL have requested such an exemption for the condomin- iumization of the existing improvements on Lot 2, Margaret Meadows Subdivision City of Aspen Pitkin County, Colorado, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held June 1, 1976, recommended approval of such request, and WHEREAS, the City Council has determined that the proposed condominiumization is not within the intents and purposes of sub- division regulation, THEREFORE, the Aspen City Council, pursuant to the author- ity granted in Section 20-19(b) of the Aspen Municipal Code, does hereby determine and declare that the condominiumization of the eixsting improvements on Lot 2 of the Margaret Meadows Subdivision, Pitkin County, Colorado, is without the intents and purposes of Chapter 20 of the Aspen Municipal Code and does hereby waive the enforcement of the City subdivision regulations with respect thereto. Done this 14th day of June, 1976, by the Aspen City Council at ibs,r'i\9:ular meeting held on said d "p,,,,", e~~(:c il;f~~;,::i .' \" ~ s III, I1AYOR W ,/ <::-- I ) V y/~ AUTER, CITY CLERK BOO< 314:11[,:465 STATE OF COLORADO ) ) ss.: COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this /6~~day of June, 1976, by STACY STANDLEY, III and KATHRYN S. :IAUTER, personally known to me to be the Mayor and City Clerk of the City of Aspen, Colorado. IJitness my hand and official seal. 4~.w<? ~7 otary Pu lic My c~i~sion ",\\. ",1/"" ~~~~,.~... ;~'.','." ~. :/,~~;-<_::,,: 2' ',,' ,l7 .", (SElAL) = .c>:' c' I 0 " " - T.", ....-{ . { - ': ;' c; ]::-- ::. r; '. \ _~1 ';:' '-:;' .. .,( ....\~/~'!~~,<" ~~:' 1,/, . /j e~PHes: fj "':',"" ( ..:)0 J /"/7f ...., 130 so aspen, SPEN . street 81611 MEMORANDUM DATE: June 4, 1976 TO: Members of City council FROM~andra M. Stuller RE: Ferrell Exemption In June of last year the City reviewed (and approved) the application of Margaret cantrup to subdivide her two improved lots on Park Avenue (just north of Highway 82) which would enable her to continue to reside in her home but sell the duplex on the land to Bonnie and Rick Ferrell. The Ferrells and Mrs. Cantrup both have entered into subdivision improve- ment agreements with the City requiring (a) their joining improvement districts created for the area, and (b) their contribution to public improvements in the area if under- taken by the City. The Ferrells now seek permission to condominiumize the duplex and have applied for an exemption of the definition of subdivision (to avoid having to duplicate the subdivision process) for Lot 2 of the Margaret Meadows Subdivision. The attached map shows the location of the improvements. The P & Z commission reviewed the application on Tuesday, June 1st and approved the application without qualification. The Plan- ning Office has no objection. Please note that inasmuch as a subdivision dedication fee was paid in 1972 the imposition of another fee is unappropriate under the provisions of Section 7-143(d) which read: No park dedication fee shall be imposed if, and only if, such fee, or one similar thereto, was imposed by the City of Aspen and paid at the time of subdivision of the development site or a larger tract of which the development site is a part. A Statement of Exemption is attached for your approval. SS/pk Attachment . . ~. _'OJ . i I ~ ~ lLJ I " I ,~. t <"..," ~ t ......,..... , ~ I '~'., .- ..~ ' ........' I . L'_~, b 1'<-[ ! 0"'< I . ~~'. .' .", -. . 58S0 1'.2S~E 3<1.95' . , ~ ~ I /'". - r - ....j I I " ," ....._ ... - I .._. 60C,8 SQ.FT '- .. ~ .. 0' '. EAST .~! '~Ql ~l ~\! ~ 'co_._o_3Z.3 "'~ 10.5" 22,0 ~ an" , . :: . ._:.....:~>-,::~.::-~ '~. ~:~~i~~~~~~,~..., :" 1-0... l,ll'~.;f'. \. , ',' . .~,>.~ !Y~?i,:; 9 FD "5 RE.BAe' W/.PLrfSTIC CAP '::;:;,-2;: ~ ' ' ....~~...~ ':'1.:; . 2376 :~:f"/.~ " o SET MONUMENT ,.,>.,$.:,\/, ~ . " l .'... .... ,., ;"~." .., ~ ~ sue. ve\" .8ASF.b ON MO/llh>1E'NTS;Fb}'"i; . , , ,"-,~ '~"It--~ ~ A rt:/o1poI!A~'" STIi?UCrUetE. ANb;.Ft=.tU:.E',~, ; , ;" '. "~, , '''" ,_ t, ,~ l:..' EXiST sou TN OF TilE' 1I0vSE'/INt>; WILl. ;;".: ~ BE REMovED ArA r{/Tu.eE.,rll'~~;/'':;:'-:f]:~ I , ,.' ",' . . ; '. ,_ . ,~:!,.t.,.. '.: '. ,@ GAS V~LV&: . ."';',' /"".{~ :~"; :'C11.E ,;.'/1/01. = 20 FT.,>, . LEGEND .f: No'-rE oS ". .. ,::<, 't '" , VN1r"l. ~ ..... . ~ .i ._ ~ .- J ' ,f. I. .'Fr 4.0 '1,8 ---- .# fe,/ ~ li DAlE $TO.ey wool) Feol'14fG #(W$5- 110. ,. I (f) UN rT:. .1. \-{ a' (,,2. N 'i 28.0' 7(,,9Z' o ~,,~, 1 :,'::.' ", . ... FILe-/) /'91S' '- SuB PIVISION ..JuNe 1 Lt " "" MEMO TO: HAL CLARK PLANNING OFFI~ DAVE ELLIS CITY ENGINEER ~ FROM: DATE: May 26th, 1976 RE: SUBDIVISION EXEMPTION REQUEST LOT 2, MARGARET MEADOW SUBDIVISION The engineering department recommends granting the captioned request for exemption without conditions based on the recent (10-9-75) review and approval of the Margaret Meadow Subdivision. The Planning Office recommends approval of the Subdivision Exemption request. He P-r2: APPLICATION FOR EXEMPTION Pursuant to Section 20-19 of Chapter 20 of the Municipal Code of the City of Aspen, RICHARD W. AND BONNIE FERRELL hereby apply for an exemption from the definition of the term "Sub- division" with respect to the real property described as: Lot 2, Margaret Meadows City of Aspen, Pitkin County, Colorado The applicants submit that the exemption in this case would be appropriate. The application involves subdivision of an existing duplex. The owners of the property will have a common interest in the land and there will be a condominium declaration and a use maintenance agreement applicable to the property and does not in any way increase the land use impact of that property. The applicants submit that such an exemption in the instant case would not conflict with the intent and pur- pose of the subdivision regulations which are directed to assist, among other things, orderly, efficient and integrated development of the City of Aspen; to insure the proper dis- tribution of population; to coordinate the need for public services; and to encourage well-planned subdivision. They are directed to considerations of subdivision design and improvements and to restrict such building where it is inappro- priate after considering its land use impact. In the present application those decisions cannot be made as the building exists, and the density would not effect the prevailing contemplated or desired population density on this property. Also, it is important to note that the Margaret Meadows Subdivision was approved and recorded last summer (1975). At that time, the City Engineering Department reviewed the property and the subdivider (Margaret Cantrup) and the applicant entered into a Subdivision Agreement with the City and a sub- ..... -... division dedication fee was paid at that time. ~.~ We would greatly appreciate your consideration of this matter at you next regular meeting. ~ Rlchard W. Ferrell "': ~__~r-""'~ f!_."""....~ . ,,:. ~ ~.' ", -" LEGEND .t NOtE.s ,"':1;'i,'i{ . e FD :l's RELJAe' W/PLASTIC CAP. ,':::';: ".,. 2376 ..'.,' v .~! ~Q' ~l "'\! ~ . ,; . f:":'{.~~' o ser MMUMENT ,.:/'30;,( " sue. Vcr" .BASE" ON MOAIV'#cNTS)FPt'.'t, " A n~'" Pol!A R.)" S Te. uc rUiC.1: AN/:> FI:"'C/?' . . .', . '.," ExiST SouTH or TilE /louse: "N/>. W(LL.;:' Be REMOvEO ArA Furu.eli.rIM...;',:" ",. , . ','1,'" '. ,@ GAS V~LV~ .,.,: ..'>:: . .sCALE: I IN. = 20FT': -.57 D !26'~ . . .~r:>"7'#71IW'~.:,'.::. 0..5 10, 2.0....,; -;'; .. hI: ! ld OIolE s;r".ey I ...... wee]) ~e-14fc I ...~.. 1I0WSG I <,.,- (-, j ".. tJAJlTi <,~-.J ! , I '- .. I ~~~ X- l,~ I i L,,- 28.0 1.7, (':..' i <'f ,..) 10'" I~'~: 1 ~- :- ",-~ '" . " "',:0, ..... ' . ! .''''.,:; ,.'.>~t:,,:'~ I . ," I " .' . ::';.--~trr: --r:7 He UNIJE€SjCNfD Does HCREBY'~EkrIF~~::~~:~:~:I~"::~~i~{~f I. .-r/l'/Ir TH/S SU/?VcY W.o1S F/ct.bsu,eVe-YEO l)".e~: ,.1:>' 1 INCi -1UNE~ 1<:;7.$ OtV' r;;E C,.l::OUNb OFT.fIE,;, ~1?:Y.f2L OF" ;::;, I PRoPERTY LEGALLY l>EsOi?JBEb flE'RECJ/II,' ,'. ,. ','J,>, ,ANi) .IS CORRECT B/lSE'{) ON r//E hELDM1iE6A.eer MEA DOv.j","' , EV/1)ENC€ SIIOvI/N ON l.o//s PlAT /IS rouNbJ AND TIIAT "TIIP'~E ARE' NiJ D/sce'€P-1N CICS/" CONrI..ICr.5.,f ;S/lo,er/l6eS IN Al:?E'A", BO<JNLM!?Y' 'L../Nc CoN'rl.. IC r.s , EiVCR()A CIIM~/V ~ ,f oVEIi:.(.A p"; P/NG of IM?~{)Y€/1E/V r.:. I EASEMENT.! CJR R/G"ITS OF WAY II\' FIEI.. D EVIDENCe- a.e k'/Vd tY}/ r() Me I eXCEPT .INS f/E,i?Eo/V .sJlOi/VN. UNlJER.GRiJ<.JN/). UTILITIEs wlrll /I/O ,V/S/BLe ABoVEGROuNb Vtlt.V€ StJxEs OR MAIo/HilLES, /lND Docu-' /}4ENr! iJr RE.CiJ.e.b Nor .sUPPLIeD 77J TII{;' SueVEYo,;e. ARE exCEPTED. . , ~ ~ ~ ~ . ~ . Q < (;) 1 4.0 I ,"., -7- ,. ".1 , , I I II f.__ I- _ ... ~ I ,\J 60t08 SQ, F T .,p \10 ~ .;i '" 6.~ N "i EAST 76.92-' '1.8 1 '" {"~'.. j , i ,) ! .5BslJ 1'.,zS"'e 3<1.95 ' ~_"_j) 32.3 I 10.5" 22 >0" .0 ~ anri ~ 't ~ LWfT Z ~ ... . J,' ~ ." ,~. '. :",:':.. . ,~ , ,>..,-- ".,;,... ;:;.~~~<;~:: . 1 -".- -, : ~ ".\", ; ~ i. t I' " i', . ~ ; ,,'~ ---..._~- (,../ \ -.1 '~r . , ~, I. I ! ~", ' , ~' . ;- '-: ~~/' J,. -" .', ., '~, ~ .:.. : <~ '...', ':';,' ~'~ ; i 1 I. ; . t? " >'" I ~', , ' ',," i ~' ~, .':- .j I I i I , , f i ".'",'..;',..'" I i'<;');"" \." I ",,", .>" . FOR..., . :..,,;;,~1:'. I r'f R Rf. L L;<:>:';,':: r . . - , s:;;- '~, ,-00:',\" ! $uR,VEY ENGIZ '0$ INC."., . BO)(' Z5'O~, AS?EN, Co.L<J. . ~ LOf 2 TH/S q'Li' DAY "r Jt/NE) 1"7oS .. :',.>/',> t,~.... "'",..' ".,' "'.~;-'- I I '" I . - I , I I 'I I I I : ,,: 6/17/7S , -:: y~ , '1 '~:', , .;....: . ~" .,';.:~, , . " ,:$)Ar€,6 - t'\'". S uS DIVISION .Flt.e-I> ..JUNe HI Ilf7S' ,','~" i ,~',:~:;j)'" . . ..-" ",' ~:>~':~i~.~~~~' .~'-~" .:..'~~~~,. "" ," .~ .",.' '.1 . '''. . ~ ,.' .0 . . Pc. ""'... . , '.' .~~:.. . ,).~ ...........: ...... a-.~ ~-!:': J~":'~~"~'" ~' ~"'a.\.\':tIEi4'''''V ~ ',_! ~" ~ L. .. '\.. 'Q"~ V ~ ,_" .:- "", "" ~... .' ~"'..". ='-=" . , d>:......;.~"~';~., =- :.......o7(~-.' "':.....,.. :.: ~ ~-Gu Uw.I: """..::i ~ ,......:.. -:','- .~. ~ ;:"t."':.'.'. -:" lP"'1I '''''.~''~,-.,'! ;';'l:;. ~. A<'~::",\.",' ..,........ ,.:"~'" ';', .;~ '../;)~At. " ''''...-_.....1 :"(',' . . f..~, '-~ ....... \.{,J r/ '~:._~.,<: . ~;;,., oe"~ .. .", >~"',;~"".:.....:.",...' ,.", ;:: :~r \ . 'I .' li?a/UJ,dP ~~ ! ~EG. t:oLD, LANl) :sue.Vb'/"'O!IE- !\'. ..':; I1AIeGAeET MEAOOW IN Pt."lT BoOK. _4...... j " ?Ai>,~ ~ ~I I 2.31~ . !!.. i. , r I I , , , . I,:.f......~..-.:.. ....... t. e , ,'- Recorded 2:17 PM Octc r 9, 1975 Reception ;;c>. 178390 Julie Hane Recorder , l'>OOK3G4 r,\Gf. 09 A1frR0MU IMPROVEMENTS AGREEMENTS MmtouJ :f:~~ a~~!~~to ~ this ~ -II.. (jay of , 1975, between RICHARD and BONNIE FERRELL (herein- after called "Ferrells"), and the CI'rY OF ASPEN, COI,ORADO, a Municipal corporation: WIT N E SSE T H WfEREAS, the City of Aspen did on June 16, 1975, approve the Margaret Meadows Subdivision subject to the agreement by the subdivider, tlargaret Cantrup, to make improvements, waive objection to the establishment of improvement districts, or contribute to the construction of improvements, all of which commitments were to be itemized in a subdivision agreement with the City, and WHEREAS, prior to the execution of a subdivision agree- ment, the final plat of the subdivision was recorded in Plat Book 4 at Page 521 and Lot 2 of the subdivision was conveyed to the Ferrells, and WHEREAS, it is the desire of the parties to insure that any obligations to improve assumed by the subdivider are equally binding (with reference to Lot 2) on the Ferrells, and enforceable against them, NOW, THEREFORE, in consideration of the mutual benefits to be derived therefrom, it is agreed by the parties as follows: 1. The Ferrells, for themselves, their heirs, personal representatives, successors in interest and assigns covenant and agree to join, and to waive any right of protest against the formation of, any special improvement district that includes Lot 2, Margaret Meado~ Subdivision, and that may hereafter be formed for the construction of street surfacing, storm drainage facilities, sidewalk, curb and gutter construction, under grounding of utilities and such other necessary improvements required by the City's , ~oCK3U4 p,'~ 1'0 subdivision ordinance as now or hereinafter in force and effect. 2. Ferrells covenant and agree to and with the City that they will affirmatively consent to and join in the formation of any special improvement district, encompassing all or any part of Lot 2, Margaret Meadow Subdivision, that may hereafter be pro- posed or formed for the construction of any improvements required by the City's subdivision ordinance as now or hereinafter in force and effect. Ferrells hereby waive and further covenant and agree to waive any right of protest against the formation of any such district. 3. In the event that the City, at any time or from time to time, shall construct or install any improvements required by the City's subdivision ordinance, as now or hereafter in force and effect, which improvements service or improve a general area includ- ing the lands within Lot 2 of the Margaret Meadow Subdivision, Ferrells agree, upon demand, to payor reimburse the City for that portion of the actual cost of such improvements which is properly allocable to Lot 2 of the Margaret Meadow Subdivision, provided, however, that the City shall be entited to such payment or reimburse- ment only if such improvements are constructed or installed over an area which includes at least one of the following described minimum areas, to wit: (a) Both sides of Park Avenue for the entire length of the City block within which the Margaret Meadow Subdivision is situated, or (b) Both sides of Midland Avenue for the entire length of the City block within which the Margaret Meadow Subdivision is situated. Subject always to the minimum area requirement set forth, the City shall have the right to construct or install such improvements in phases or increments, e.g., curbs and gutters in one year and side- walks in a subsequent year, or Park Avenue improvements in one year and Midland Avenue improvements in a subsequent year, and Ferrells shall payor reimburse the City for each successive phase or incre- ment. -2- h. SOCK3C4 rfG~ tl 4. Ferrells covcnant and agree to and with the city that, at no cost or cxpense to the City, they will cause the improvement on Lot 2, Margaret Meadow Subdivision to be hooked up and connected to the sanitary sewer systcm of Aspen Metropolitan Sewer District on or before October 14, 1975. 5. The covenants and agrecments of the Ferrclls shall be deemcd covenants that run with the' land, shall burden the land included within Lot 2 of the Margaret Meadow Subdivision, and shall bind and be spccifically enfo~ceable against all sub- sequent owners thereof, including the Ferrclls, their heirs, personal representatives, successors in interest and assigns. 6. It is acknowledged that, by separate subdivision agreemcnt, Molrgaret Cantrup, the subdivider, will covenant and agree, in like manner, for the construction of improvements for the entire subdivision (including Lot 2), "nd that the City may proceed directly against the Ferrclls under thc provisions of this agreement indcpendently of any rccourse it may have, by virtue of separate agreement against Margaret Cantrup, her heirs, personal representatives, successors and assigns. 7. The City agrees that on exccution of this agreement by Ferrells, it will approve and enter into the subdivision agree- ment with Margaret Cantrup and finalize the subdivision approval proceedings for the Margaret Meadow Subdivision. IN WITNESS WHEREOF, ~he parties hereto have executed this Agreement as of the day and year first above written. "CM~ tU STATE OF COLORADO ) l ss.: COUNTY OF PITKIN ) ."Ir'\, 'l'he foregoing instrument was duly acknowledged before """;"''''me:ihis f7'Ia day of t2 .~ 1. . , 1975, 'Jy RICHARD FERRELL. _\ l.l G ," ,,;.,.I'L.-:. ~ . . ., .- "J .............*"./,'.:... . ". .' ",' < WJ.tness my hand and official seal. My Commission -...- f\ ;-~, I '. ~ ~ ~:" ("~\I"\'\: .. ~ ~ ':~f .~< . ,.:rxhi:es: . ---~ l.f.zL. . ..... ,.l. ( . . ,'. "IJI'\.' .:.': ~. .' .~>.~: ,) ....... ~-:.::,.:' . /-1 ........ 0".<' "" It:',O'r' C \., . 'If,.., ",,\ -~- ., BOOK 304 r,\G[ 1'2 ~~ BONNIE FERRELL STATE OF COLORADO ) ) ss. : COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this '-!{ day of .t2",~ , 1975, by BONNIE FERRELL. l'1itness my hand and e~Pi:~~~ or;/P 7r. ,., I. i., r. ", ,~,(~.~............:.~ .t"'-... . . . J"_ ,"." "\1." ij' ',~,":. _ : . \ 'J 1~\ '/". ":: . \' '. " - : ,<> >: : ' ~ I : ..... . ~ '. ') I,. , .:~) : ..,'/ .. Q " , 0.. ,.." i,'.\:' "...~ /1' ..........\ .;)"~,,'~ - 0;. C,\.)"',,>".;" ....."..:.:\,.\. ;',: official seal. My Commission --------- /---- / THE CIT /OF AJi.P:EN, /~ORAD9 /7. ,./'------ ,,/' '_ ~_-:e-c ,...,....... ,\,,:!.!~,.:!;)~>~ , A1T-EST : ..'.~ ..;."" iE~~:\ .~~; f.'i;( J. ~. .:,_:'.~..:.~,~tl--c! ,'. L:LN~~/ . ':'<./,KathrY!l':? .fHauter ,"" :cH.y cJ.&rl<." ~:, .r>'_:;;:~:';l'l:~~;:~;.'~:::,'.~. " ':' ley II~YOr (;t{ . ~ 'STATE OF COLORADO ) ". ) ss. :, COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this 9-67 day otL!7~ , 1975, by STACY STANDLEY III, Mayor, and KATHRYN S. HAUTER, City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. My Commission "",~~p,~.~es: &~/4oe/ {,/:?P? ,\\ I'" -" .",,~. \~.. ..~.I.fI/ / ""..... ' ...., "',.,._." . .... !'L>_ "'-:.. . ",. '.1'";..; ..... .,y,:>' i.' f':" \)/ \ ....'J c. 'c, ' : . ~ "1' J' \ \ !".' ... ';,.": '- " :: ,0';"., . ,,' ,,' ,.' ~" ; I.,.. .. ......." ,'\) ,,- . I" C"'V' .' "'" ',~ Or:. \J" ,.... " '~'" / II", , .. .. .. . ~~~q~-t/ I' ,. ';' ~\t.:~ . . -4- k 'Recorded at 2:05 P.M Reception No. .1""9429 Oct. 10, 1975 Julie Hane, Recorder BOCK3C4 f,'G~ 84 RESTRICTIVE COVENANTS THIS AGREEMENT, made and entered into this~O day of &_7""";",,) ,1975, between MARGARET CANTRUP (Owner), whose address is 360 Park Avenue, P.O. Box 852, " Aspen, Colorado 81611, and THE CITY OF ASPEN, COLORADO (City), a municipal corporation, whose address is P.O. Box V, Aspen, Colorado 81611, WIT N E SSE T H : WHEREAS, Owner is the record holder of title to Lot 1, Margaret Meadow Subdivision, City of Aspen, County of pitkin, State of Colorado (the premises); and WHEREAS, the building presently siituated on the premises contains three dwelling units consisting of a ,......,..r two bedroom unit on the first floor and two studio units -~: on ,the second floor; and WHEREAS, the City's Board of Adjustment did on June 11, 1974 grant to the Owner a small lot variance for the premises in connection with the subdivision of the said Margaret Meadow Subdivision subject to certain conditions as modified on July 3, 1975; and WHEREAS, Owner and City desire to set forth herein the covenants and agreements required of Owner by the Board of Adjustment, NOW, THEREFORE, Owner and City hereby agree as follows: 1. The City agrees that the present use of the premises and the building situated thereon as three separate dwelling units shall be permitted to continue as a nonconforming use subject to all of the provisions defining and governing nonconforming, uses as the same ... I "",,.., BOOK304 Pf.GE 85 are set forth in the applicable City ordinances now, or from time to time hereafter, in force and effect. 2. Owner covenants and agrees to and with the City that for so long as the above described use of the premises shall continue and for so long as such use shall be a nonconforming use under applicable laws and regulations, the occupancy of the building situated on the premises shall be restricted as follows: (a) Not more than 2 persons shall occupy each studio unit, and (b) Not more than 6 persons shall occupy the entire building. 3. The covenants and agreements herein contained shall be deemed covenants that run with the land, shall burden the premises and shall bind, inure to the benefit of, and be enforceable in law or in equity against all subsequent owners of the premises, including Owner, her heirs, personal representatives, successors in interest and assigns. 4. This Agreement and the covenants herein contained may be amended, altered, modified or revoked at any time by an instrument in writing executed by the City and the then owner or owners of the premises. IN WITNESS WHEREOF, the parties hereto have executed ;.-< ~riuen. 1) this Agreement as of the day and year first "...1"_. , "--, /;'7 CITY OF ASPEN"" , /,,,.. BY"'-:::::::'" ,/ <~!:'''''''' :.::.. ~:-:-" , i ..-'ATTE'ST-:. : "; :, ,. .....1.... . .I': J ...:"{~ar/~ .~ .""1""11\\'.'" #a..k.-'Lr----...J City Clerk /" ( ~:aYor -2- r ! BOOK3C4 "~!"r 1,ILh.. 86 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing ~nstrum. ent was acknowledged before me this (} ,r4 day of 0:. (I.;, -I..{/o,' , 1975, by MARGARET CANTRUP. STATE OF COLORADO Witness my hand and official seal. .'. '/ . ". My commission expires: aL!~<a-I- 01~ /;7(~>"\,'" ,.. '::'> ~~~II~jr.'!1:::;" ,;;, Nota ._ pUJ;>~C':; " / ',:-!~ <'/d>:'~> ,rJ .' . ;. f { :: ; \:~ ~_ ~ ~::- ..,'"...... COUNTY OF PITKIN ) ) ss. ) The foregoing instrument was acknowledged before me this>> day of ,02'c.'Cc:<'-V , 1975, by ~~-"_ ...,"(~",~.d," ,..>::,:"",:,::a.~ ,M~yor andA.<6::----,~: ,,/ /':,<,s,;;::;:..as City Clerk oft-be CITY OF ::::...>,~'''' ,.~',<.."'r..,Witness my hand and official seal. ~<~::'~.~)'f,:,[:'~" "~. \MY commission expires: m4,.-;2j ~ /7/)7' ._ ." '"".-0 ; ,c., \\.) u' ./ . '. ['UD\' :~:, ;fC?X?'<' \'';I;-::'','~, ........~ (~> r. 'I/;.' t" ,..,J"fl/,?,I:.;;,:.,.... ':.:-_ 7/7- ASPEN. /7/ ~/ /~r_ " ///~ _~~.:__-C_CJ:.,-/__~ .. Notary Public -3- ... L . Recorded 2:15 PM October 9, 1975 Reception No. :178389 Julie Hane Recorder . , &oOK3G4 r,\G~ 05 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this ~ day Of~~ , 1975, by and between MARGARET CANTRUP (Subdivider) and THE CITY OF ASPEN, COLORADO, a municipal corporation (City), WITNESSETH: ---------- WHEREAS, Subdivider is the owner and subdivider of the Margaret Meadow Subdivision. which consists of two improved and developed lots within the City as more particularly shown on the final plat of such subdivision recorded on June 16, 1975 in Plat Book 4 at page 521; and WHEREAS, the City approved said subdivision plat on June 9, 1975, upon the Subdivider's agreement to make adequate provision for certain improvements and other concessions deemed necessary to protect, promote and enhance the public welfare; and WHEREAS, the City and the Subdivider wish to reduce said agreement to writing, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. Subdivider acknowledges that the present design - requirements of the City's Subdivision Code contain re- quirements for street surfacing, storm drainage facilities, sidewalk, curb and gutter construction, undergrounding of utilities and other such necessary improvements. 2. City acknowledges that the general area within which the Margaret Meadow Subdivision lies was platted and developed prior to the adoption of all of the pre- sent design requirements and does not wholly conform r '<' " 8001\304 tr'l~ ....... ,.tJl. 06 to such design requirements. In lieu of requiring Subdivider, with respect to the two lots in said Sub- division, to install subdivision improvements which mayor may not conform with similar improvements that may subsequently be required in the general area, the City, as a condition to approving the subdivision plat, has required the Subdivider, for herself, her heirs, personal representatives, successors in interp.st and assigns, to covenant and agree to join, and to waive any right of protest against the formation of, any special improvement district that may hereafter be formed for the construction of such subdivision im- provements. 3. Subdivider covenants and agrees to and with the City that she will affirmatively consent to and join in the formation of any special improvement district, encompassing all or any part of Margaret Meadow Subdivi- sion, that may hereafter be proposed or formed for the construction of any improvements required by the City's subdivision ordinance as now or hereinafter in force and effect. Subdivider hereby waives and further covenants and agrees to waive any right of protest against the formation of any such district. 4. In the event that the City, at any time or from time to time, shall construct or install any improvements required by the City's subdivision ordinance, as now or hereafter in force and effect, which improvements service or improve a general area including the lands within the Margaret Meadow Subdivision, Subdivider agrees, upon demand, to payor reimburse the City for that portion of the actual cost of such improvements which is pro- -2- ~ L. ,,' 80CK3e4 P,\C: 07 perly allocable to the Margaret Meadow Subdivision, pro- vided, however, that the City shall be entitled to such payment or reimbursement only if such improvements are constructed or installed over an area which includes at least one of the following described minimum areas, to-wit: (a) Both sides of Park Avenue for the entire length of the city block within which the Margaret Meadow Subdivision is situated, or (b) Both sides of Midland Avenue for the entire length of the city block within which the Margaret Meadow Subdivision is situated. Subject always to the minimum area requirement set forth above, the City shall have the right to construct or install such improvements in phases or increments, e.g. curbs and gutters in one year and sidewalks in a subsequent year, or Park Avenue improvements in one year and Midland Avenue improvements in a subsequent year, and Subdivider shall payor reimburse the City for each successive phase or increment. 5. Subdivider covenants and agrees to and with the City that, at no cost or expense to the City, she will cause the improvements on Lot 2, Margaret Meadow Subdivision to be hooked up and connected to the sani- tary sewer system of Aspen Metropolitan Sanitation District on or before October 15, 1975. 6. The covenants and agreements of the Subdivider herein shall be deemed covenants that run with the land, shall burden the land included within the Margaret Meadow Subdivision, and shall bind and be specifically enforceable against all subsequent owners thereof, including Subdivider, her heirs, personal representa- -3- L. BOCK3Q4 P.\G~ 08 tives, successors in interest and assigns. 7. City acknowledges receipt from Subdivider of the sum of $1,200.00 as full satisfaction and discharge of Subdivider's obligations under the applicable subdi- vision ordinance to pay cash in lieu of the conveyance of land to the City for public use purposes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first ~ CITY OF ASPEN,~ ~ .7 .z-- ~. ,0?~-, ~ ---~-~._. G/- / Mayor /""1 0<-' , >.1 .:.j"~"'::,i '~':'.-.. <~ ~.':"'''''' '~,~'~'<"" '-, ~. --,.. :;-:~AT;rES,],: '.:' . . '.. ;>,:.', ,.. .'J;, , ' By ,,:,:,:;/~/''; -- >4 #a<, ~} ': /,~v~ City Clerk """.".,,' STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this ~~ day of d2,~,~~) , 1975, by Margaret Cantrup. Witness my hand and official seal. . '. ." '>'" My commission expires: ~.u.u'-- o? 0;, /9.7 f',:.'~ ,;;",:'>'", ti1(Lt'L.u - ~Z1'7-::/' .' otary_ P (;1jc,:;( ,:;; ) . r, . STATE OF COLORADO ) , ~{t/' ~'--d"'" .~,~:<::.. } S5. _'"J . . \~" COUNTY OF PITKIN ) ,>,,,,,,"\I\~\' The foregoing was acknowledged before me this ~ day OfO~ ' 1975, bY)-~ ~177 as Mayor and ,.... ~ ~ -9"') V Ah,~ ~ -' as City of the City of Aspen .~"i'.."'.i~~;~;..,~i tness my hand and official seal. :,:' .'..'...'.-::>l1y commission expires: a.~ ,/ /9-'f/7 .: ::-:-:' ('"'i to,_ rl \,' "~ -... ' ~ .':~~\~':~;: \ )L~~//~ ) r), n \ \ \.. ,: () " otary Public ,~, . I U l) \.... ." (...' : . .". ~-- ~ ... .- ". ........ O":'~~"-" ' .... (I' I \\\. ...... -4- r