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HomeMy WebLinkAboutcoa.lu.ex.Lot2-MargaretMeadows-Subd.1976- li�*- ol� r FERRELL Lot 2, Margaret Meadows Subd. X \ Ji i \9 i 1 icy \S t0 ,,1 -Iot'luc,\ii-z , s w�VI--T c -.I,? v C-q As �-, tv t= CAS iu o 'F---c>7 C�tiAv-ZtNyS �"2ilG. SA.S'n-O oN SoLn,2 bQ,Se-Z.v P.Z'\oiv Atop S OYGE � Sot\t�\SON - t o2 C,12Es? A CZD . Go`oZ,»o S?�tNC-tS I I / - 1\� \�A�K �Y>✓,I L�`i\ Elk 14 I I I l�.SP�ty i �ALv , ,x r. i VNAiZt2 S�2oU_ I ` I AyE oo� / �CAtt 1\v =ZU i- n MAY 15, OWNER e SUBQIVIDP—R ENGINLER F- SURV YOR'. ca�oav0 � ri�.SMA`1 i, uERASZO N. �l✓sr�t�N , A RECa\S�EQi'� L�•NG SURVE\"o«, SUQVEY MADE �Y nF- WVD uN0>✓� M'{ S\)�e_C<vtS\�>tv �l\RINCa i` v'A oG \c-j"}_D Ot '�11c PPo LZ� C S4{OVYtV. a� S�Z tY\� taANc� ANt7 SEpL i v _ ' 10�8v5 � °0 c' ��/ 0 � s t0 c q N A\Z\`�c Zi 3uS\ky�.Ss C�V i�cZ - -- i �I , n ��o A. G�v�•tz ?yZgo . 42 y N 'n �o Z tL i N� �V L CST Sdj , rArnt�Y ) \ GOLO. t2EC-1. mc�v-. ENCa«. A]Vli LAND SUQV YO\Z '* L3 }cv STATE OF CC�LC)QNC)C:�,�> LOUNT`t OF PFVKkN �S R\.E F=C�QLyf71rV� lIVS�RUM�N� WAS AGl�N1v\/�.L_\�yE-\ ' ale ATTORNLi'S CE-RA II C NTYL j t/c�YlJGS 7�0�'4�%% 1`-A k \ A \\A\ \\ \.�, ,rt \ •��iC�\k \� �',�\ h'l�\'.-�!\\.'\ \ �^mot\\t �.•.\ \�t \T \ \, t\ \ t PLANNI N Ca ZON ING1 COM M iSS►oN APPROvA•L-• i NI_. t-t �\ \ C,\ "\P.1F. �t.�.'\ l \\.t•:\ ' r,N \lt- t; ,t t \V\/A•.. f_v"% I ,ut. \ V. \ \U c'tNS' < r ,t 11I 1f* r ,t C.1\F 1� ASPEN CITY COUNCL. APPROVAL-. ACc.EPTANC E r`\i�'k� "j\,\_ \ r\\ .nL •c,�� \\�\•kv\ .\c ,y is NE_ktd( c\\ Ykzc�\rt� Ad.k\. z:\-\k \- q-)": Vl1A-->i\c_ A \zsG D c C .t-�', r'•\ l HE _ \ C c ,ilNc_, L- nk, oAc <_\ k `( —y FINAL PLAT v F" Owl 5TATP-1'<l .NT OV- SUBDIVISION L TOLDIC.ATION : KKJO�ry AL_\ r�F \\ae. �-'(\�-.�-�c�.�✓t tv<� L., �sc,�Z\ti,i-v tom. ; ; ,1\. �:_\ `k - .\ It_1t♦ , � • i w l �1\__ �'.\ \ -, c�\ � L�.SP�.t�..\ _ ouNrY,c����A�x_�, \.'.�\ r r • Lnrt ' \�h, „ �\•._ v�+t, ,\ LCZ h �\ OC1/R\JIR.RSIDE A-0b)TIOiV ANC> VAR:-, oi- L07- \8 T\OS R8.4W COT" �.%%A '%E\v4c3% hc%aiZE_ �t.Ut NI\I t .a y AT ' %Ar= MOST lSt-Oc.y- S. 'IPRoMOuaToR%( -S %AS\cam ra\-CC..\jkVSCC\G 2'P.V*GE2-40Et-L E to cues3' E At-oN c31 CV16 E V-Q W \-ENE o� YAf�K J4 V E. 82.3g F T., �,� tv• F. N o'er 16152" a yON.ImS FT., S 4S'm(;0' E CO(v. ► In VT TO TAE. WlasTlERU_ AQw L.EN6 ©F M1P1�yA�iDAV1=., \\t MO \ a24�3'�'w 5(0. s FT AL•cNa, ZWS IbW L-iNE uF Ri �IF�PVE.SN-W_�lE� \\\ r \ \ S3cw t3' W 58.0o F`T A-:5NrvT4iE WV1NV-z 0ftA\�-->LA4p AVE.Tm�khE pakN-\-®F BE�tiru�.1\N�1 E.aN'Clal�\1'N� 11 \8 S9 FT• Y.!\oR� � �-E��EXcLFAT'1Nc� S\At= WESTERLY( S F%ET OF 1_bT 8 $Lcse+F R�MON ©� SL3�aD\�1\5\ON. A> DoES HEszeBY REPEAT AhDD SOBI>%V1DE S/411> _ALP oPEFZT`t �NTd LaTS 1 At1D 2 . tA'NRC*NRv--T KEAt>oW SuBD%V1S\otil� C@T`Z (f5V-7 AsPE►.a -VI►yr-loo cOuf�-NTY Col o'iZA.ti�,� Ass sUe�!\ 1renj ARC s1�ow.� AI.1D ¢yCa-t-Eia \•iERtCytti 8.� DoEs �TrI3Y ES>\�ATE Tb Tt\E�'4)L3L1c e�.st TEFE WEvS'1ER1-_`k'' S FT of -C1}E ABOVE AS NaTrr- Tcn� �E. \Ss�D RS �I�RT o� �•RK AVE . I N MAR�,ARt;T t���r STATE OF e,O'►-C) RADO'3 COUfJTY OF 1FITK\N THE WA-- ME T"\S /67`N �p.`� ©F l�'�5, 0r( w�ARe„AR�7- cA►�ITR�(? W 1T1v Ems MY !{AN AND cF\C ! 1i\— SVE A1_ . WT`? co MM1ss\aN EKPIiRES RECORDING CU1-, CIFICAT (-OUN r Y CDC VkTV,11'-1 > Wd A\'..0 �_\' . "\ \ "k_c• )V- t I,- kt- I,kc'r t \\s ("I, t '1, k L\ fit-.-Kk� cr�Utv"C`( C < n.tyv cZ�-coccv��L Cc tZs�rRs3�osNc� 8 28 - 104 Recorded 9:44 AM July 19, 1996 Reception No. r, Julie Hane Recorddr �:,n�, 314 .Acr 464 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, =he 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- civision 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, '_y the Aspen City Council at its regular meeting held on said date.. 4 ATTEST: '%-r- '' G'. L� 9] ACY ANDLEY , III, MAYOR K. THRYN S IAUTER, CITY CLERK %I 0 C� k' M 4 t'4 " 0 STATE OF COLORADO ) ) ss. . COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this Zj f, day of June, 1976, by STACY STANDLEY, III and KATHRYN S. 1-AUTER, personally known to me to be the Mayor and City Clerk of the City of Aspen, Colorado. .itness my hand and official seal. My,Commission expires: -Jo f ,ze otary Public .0 v A ti*' 14 u'r.5 CITY OF ASPEN 130 south galena street aspen, col .a,0-* 81611 MEMORANDUM DATE: rune 4, 1976 TO: Members of City Council FROM�andra M. S'tuller RE: Ferrell Exemption In June of lastyear 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 - :zing 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 LEG E,- 1, NOTESF•, o SEr mo.v&AYENT Su12 VEY BASES oN ti10NU�fENTS,"Fp a-� A rEMPo.ef RY S re uC ruP-E A,vb. FENcE :. Ez�ST sou TN OF THE //ous 4/Y' i-Vi[z: 8E .C'Eh/ov.Eo AT.A FU�'uE'E T/r✓l� '',f K:; GAS V.4LV� ►. �': • .. SCALE•- I /N.• = ZO•FT?•' - O, 7 o w o• 5 10. 20 95 y C io. 5= COO A770 ` o UNIT Z o ; 4.p �• �T :. 6068 SGLFT. woos FegME In - `q tK ri �-. _ EA S r 76. 9z' / mod` C ; , /HE CJNDE,eS)CNFD DOES yE.eEBY CE,eT/FY 1MPE'OVF/'�1.E'/t�'T+ 7;i''W T 7;Y/S Su,P VEY WfS C-/EL d SuRVEYEO DUR=,' j .//VG JU,0✓E, / 9 7S o/V 7HE 6 &O uNd of THE 15 bES C � / 8 Eb h/4f-V EON, /�/✓l� ,,s Co2,2ECT S 4SE-b ovy Tb'E F/c L d MA,�GR�� T MEADL)e�1f E v�Dz-wc E Sh'ov✓w o/V r�/s PL A T I S FDu1vb, AIV,O Ti5'A7- 7WN�iCE ARE- /�/O D/S C,e,EP.l1V L O T � r ✓f , sh C0�✓F'�/CT_S� Syo�2Ti'�GES'/N A.eEA� aoolvd.91PY �° �• i LilVE ,-Vf L/C>S E,VC.PD C o , A CH/4�' y 73 avE.� G �4 P - f'o lE: - - •• = , P/NG OF /�eP�OV�"t�E/V T : �i9SE/%4�NT3 ale lelGh'T-5 OF W f y /N F/EL Q E v �DENCE o,e k-Alo t-W TO ME E EXCEPT AS NE.QED�+/ Z.OVOeVM'. L//VDEA' G/E ooNb UTi1-1 T/E Wl r// A/o S .V/S/BLF AQO✓EG.�'Ac�N� } Vi1 � ✓E BOXES OR MANh'a�ES fJND - ,DOCu- SL2vEY ENG�2'S /NC. , `� } /NEn/rZ OF �ECvA.b /Vor Sl/Pf'c /ED 77� _ Box Zsoe , ,gSPEN, CaL.O. } TNE' S u VE Y o,` .4 F,�E .EXCEPTED '' � �: / � ,f=: i �} •, is ' - tt =PATER Th'iS 9 LN DAY OF JvivE�_ /lA,eGAreET MEADow SUB Dl1/ISIpN . F/LED /N R4,gT BooK _4 Jun/E 1 it /97S fir. r l / 1 .�' •.JC rti` ,, •^• •,• L N y,; 1R c:-._. T/3-4 MEMO TO: HAL CLARK PLANNING OFFIG FROM: DAVE ELLIS r CITY ENGINEER �. 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. HC E 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. • 0 We would greatly appreciate your consideration of this matter at you next regular meeting. S' rely, Richard W. Ferrell 8 LJ LEGEND A Y07-�'s 1• o se ,s�oN ti 237b S u tEN T SUPE VE•Y BASED ow MONv�tENTS, FD:, , i „, A r.-At Po e f R y S Te UC ruP-e 4,vb EENCac s i:. EXIST SOU TN OF THE WOVSE ANb W/Le-- 8E ,e,Eni o VE a A GA S Vi4 L VF- SCALE: I /N. = ZO FT �f! n O 5 to 2o" IV 32.3 I /O. 5r 2 .Z. D r: t o ' Qjp I/�7770Mir z 4.0 _S o,vE sroRr f . 60(oB S4LFT. O WOOD FQgME19 u } cr M 2 s tK NO EA S r 76. 9Z' Tye UNDE�eS/CN9'D ICES CE,eT/F OV�'/`✓1E1�1 . 7;VlT T/f/S SUeVe)' WAS ciC4d SU&vEYED DU2- � /�G _jUNE, / 9 7,S o,V T.%E G &o UNd of THE •,. U V6 Y OF' i ,a.2b``c 2 T'r L EG A �- G Y DE'S C � i 6E.� NE-PED�V,•.; ,:_ .`; 1 AIvb 1,S CoRREc'r I34SED 01Y 7h'E FIE � p . . AIRCM °,' T MEADUytf 1 i E vl o, C E SHUv+iN 01V TX/.S PL A T i S FOun1 D� ANd 71,4 T TNT E ACE r/O D/S c,�,EAq N C/ES, LOT C!N✓F~4/CTS S IOR7-,l6EFT /N AeEAl Boolvbojee - — `:' • ,•'' 4lWE CoVIL/CYS , ENC.PDACN/r1,1EA/7-,c-j ovE�CAP- FOB s P1N6 OF M4� 4SEMfNT3 O-e P/GHTs c / // R IZ E OF 1'ViIY //Y FiEL D Ev1DENCE ,c o� -No vVnITD MEN i L _L L.� �'XCEPT A� yE.(?EJN ,SHOrv�1/ , UNDER' G•,C�OcIN� . - ----�...�"^� ' °,•�> I UTi4-1T/ES WITH A/4 VISlee-6 AQo✓6`G�eou/Vb g Y .' '- SURVEY ENG2'S INC: VAc✓E SavZs OR MAWHa[ES, flWa Docu- MEwr3 OF APE C v � b /VO r SUPPL 1CD Td B°X Z sow , ,g sPEw, C o� O: • TNE' SU�VEYa,� .4PE Ea'CEPTEA• �,�j'. =�ArEA rH1S 9 LN DAY of _JV/VE, /97S ' �e6G. e.o4-0. 4-AIVD S UR VEYoAr-- 23 7� ;;-�•'�rs �F,y���r'��, ' r /'IAPGA�eET MEADOW S Us D!VlS/Ory F/LED.-_h /IV PcgT BO0K _'4 1uNE 1 Ll /97S Recorded 2:17 PM Octal 9, 1975 Reception ;;�. • Julie Hane Recorder QS IMPROVEMENTS AGREEMENTS ICJ)�fto Kl� L ft,Rr THIS AGREEMENT made and entere into this �Ziay of 1975, between RICHARD and BONNIE FERRELL (herein- after called "Ferrells"), and the CITY OF ASPEN, COLORADO, a Municipal corporation: W I T N E S S E T H: WHEREAS, the City of Aspen did on June 16, 1975, approve the Margaret Meadows Subdivision subject to the agreement by the subdivider, Margaret 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 Meadow. Subdivision, and that may hereafter be formed for the construction of street surfacing, storm drainage facilities, sidewalk, curb and gutter construction, undergrounding of utilities and such other necessary improvements required by the City's 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 improvement' service or improve a general area includ- ing the lands within Lot 2 of the Margaret Meadow Subdivision, Ferrells agree, upon demand, to pay or 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 pay or reimburse the City for each successive phase or incre- ment. • 4. Ferrells covenant and agree to and with the City that, at no cost or expense to the City, they will cause the improvement on Lot 2, Margaret Meadow Subdivision to be hooked up and connected to the sanitary sewer system of Aspen Metropolitan Sewer District on or before October 14, 1975. 5. The covenants and agreements of the Ferrells shall be deemed covenants that run with the' land, shall burden the land included within Lot 2 of the Margaret Meadow Subdivision, and shall bind and be specifically enfotceable against all sub- sequent owners thereof, including the Ferrells, their heirs, personal representatives, successors in interest and assigns. 6. It is acknowledged that, by separate subdivision agreement, Margaret Cantrup, the subdivider, will covenant and agree, in like manner, for the construction of improvements for the entire subdivision (including Lot 2), F.nd that the City may proceed directly against the Ferrells under the provisions of this agreement independently of any recourse it may have, by virtue of separate agreement. against Margaret Cantrup, her heirs, personal representatives, successors and assigns. 7. The City agrees that on execution 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, the parties hereto have executed this Agreement as of the day and year first above written. ARICHdARD F 2REL STATE OF COLORADO ) )ss.. COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before 'this day of 1975, by RICHARD FE RRELL. Witness my hand and official seal. My Commission n�Notary Public -3- • • NQK304 STATE OF COLORADO ) ) ss. . COUNTY OF PITKIN ) BONNIE FERRELL The foregoing instrument was duly acknowledged before me this AM A day of �(�� , 1975, by BONNIE FERRELL. Witness my hand and official seal. expire xp i r. e�-�— . r THE CITY "OF AE Stacy to ATTEST: _ :�K�thryn S ; :=.tauter 'STATE OF COLORADO ) ss. COUNTY OF PITKIN ) My Commission No�[.ry Public The foregoing instrument was duly acknowledged before me this gz::�7 day of� -- , 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 expires: ZL,- '? Not r lie �j % C7 -4- Recorded at 2:05 P.M W429 Oct. 10, 1975 • Reception No. Julie Hane, Recorder RESTRICTIVE COVENANTS BocK 3 C4 t-,,�r 84 THIS AGREEMENT, made and entered into this to day of l�?'c_��?� , 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, W I T N E S S E 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 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 BOOK KA 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 this Agreement as of the day and year first a e written. A "O'�j L Marg ret Uintrup .� CITY OF ASPEN ATTE rT = Bg f� Mayor City Clerk -2- STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2�tL day of G-�c,._�.r �; , 1975, by MARGARET CANTRUP. Witness my hand and official seal. My commission expires:�g���' Not Pub l c'_' STATE OF COLORADO ) ss. ,��i••.,,_,•. COUNTY OF PITKIN ) ` The foregoing instrument was acknowledged before me this,/D day of 1975, by �`-.. ..�- <'• as Mayor and/ �'_,, �.,_ =.`as City Clerk of t e CITY OF ASPEN. Witness my hand and official seal. -97 -:My commission expires: C -mot Notary Public -3- • Recorded 2:15 PM October , 1975 Reception No. • 178389 Julie Kane Recorder 60OKK4 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), W I T N E S S E T H.: 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-• sOoK3U ���� 4�i to such design requirements. In lieu of requiring Subdivider, with respect to the two lots in said Sub- division, to install subdivision improvements which may or 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 interest 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 pay or reimburse the City for that portion of the actual cost of such improvements which is pro- -2- • M _J 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 pay or 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- $OCK T LY4 Pn6 0 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 above written. Margaret �zntru ... , _ v '• •• '' '; CITY OF ASPEN ;ATTEST.:*. By _ -'J / Mayor 1 , City Clerk STATE OF COLORADO ) f ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this LZ day of , 1975, by Margaret Cantrup. Witness my hand and official seal. My commission expires: (/ Notary P lice 0 ' STATE OF COLORADO ) ) ss. COUNTY OF P ITKIN The foregoing was acknowledged before me this day of 1975, by 777 as Mayor and City ett-rk of the City of Aspen, ----- ,-Witness my hand and official seal. ;Iy commission expires: Notary Public -4-