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Home My WebLink Aboutcoa.lu.ec.Lots 1&2 Gordon Subd.1983 il!! CASELOAD SUMMARY SHEET City of Aspen Y:r Fe. " I i ~:..- it.,. l\ n.. l.. r:'-r- _._! . ,. J--' -, , , , ~' . . ~ . -:,( ~ , No. 30 '-'lt~ Ii Staff: p/~(,//!Ai>{l/.ffrj~f) PROJECT NM1E: );)ry'uitn AMi: ~ APPLICANT: 51Uidtrl )-Jfiti~ REPRESENTATIVE: /irtLV) /v1tUfu.dv I Phone: Phone: 9;;:;0- /"-13;( TYPE OF APPLICATION: I. GMP/SUBDIVISION/PUD (4 step) (Fee) 1. Conceptual Submission ($1,840)' ($1,120) ($ 560) 2. Preliminary Plat 3. Final Plat 11. SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($1,290) ($ ,830) ($ 560) ($1,010) ($ 465) 2. Preliminary Plat 3. Final Plat III. EXCEPTION/EXEMPTION/REZONING (2 step) ~/ IV. SPECIAL REVIEW (1 step) 1. Special Review 2. Use Determination 3. Conditional Use ! '-/ f--JJf ~1~tV-- REFERRALS: Date Referred: U':~ q. ::33 / Attorney ~En9ineering Dept. Housing Water Sanitation District School District Mountain Bell Rocky Mtn. Nat.Gas State Hgwy. Dept. Pa rks Holy Cross Electric Fire Chief City Electric Fire Marshall/Building Dept. Other FINAL ROUTING: Date Routed: ~ ;. 2/'3 Attorney 7BUilding Engineerint ~ther 'A" C \or k . ~ " .J DISPOSITION: CITY P&Z REVIEW: CITY C.OUNCIL REVI"', ()rrO~J.. & 1.aJ13 .SQ.~ Il~~.~~ Lt}CO~iO~; o:tto.tlt.~J Ordinance No. CITY P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. " roo BOO\\ 45tr1i,;,:;JDb ,~ ') ') ," " STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM (GMP) FOR A "LOT SPLIT" FOR THE GORDON SUBDIVISION , , '"',",,,',<,';:1 l. " .- t '" ; --:"~ . ,,' "\.-.-_i~O'I\~)Ei~ ;' j', :~ L~ c,';, :. '- r.,,~ \ ~ j'".P_" II" ,-., ~ q eo') ~:; 2,~ F.II ;JJ WHEREAS, SHELDON M. GORDON (herein "Covenantor") is the owner in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more par- ticularly described as follows: Lots 1 and 2, Gordon Subdivision, City of Aspen, Pitkin County, Colorado, according to the Plat thereof recorded in Plat Book IS- , at Page 2S- , Reception No. z.S-2.~r~ , Pitkin County; and WHEREAS, the Covenantor has requested an exception from the full subdivision process, pursuant to Section 20-19 of the Aspen Municipal Code, as amended (the "Code"), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24-11.2 of the Code, as amended, for a "lot split", and WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and exemption were appropriate and grant,ed the requests subj ect, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one-time-only approval, that development on the lots is limited to the present single-family residence on Lot 1 and a new single-family residence on Lot 2 and that no further subdivision or development is permitted without applicable approvals pursuant to Chapter 20 and Section 24-11.1 et ~. of the Code. 2. Prior to such time as Covenantor (or his heirs, personal representatives, successors or assigns) receives municipal water utility service for Lot 2 and as a condition precedent thereto, he r' '.,j m, -" BOOK 450 PA5:369 shall (a) convey to the City of Aspen an amount equivalent to 2 "EQR" of water per residence (or .2 acre feet per year of historic consumptive use) from the Riverside Ditch, which water right may be leased back to Covenantor for $2.00 a year subject to availa- bility; (b) enter into an Agreement with the City of Aspen to con- struct at his own cost a water line extension (including adequate fire protection) according to the City's then-existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one-year warranty of the work, and conveyance of the line by bill of sale upon acceptance thereof by the City and the payment in full of then-existing customer costs including service line costs, metering, tap fees, utility connection charges and water consump- tion charges; and (c) Covenantor shall grant to the City a right of first refusal (such right to be exercisable for a 30-day period following written notice to City from Covenantor of receipt of a bona fide offer) for all water rights, ditches and ditch rights, wells and well rights appurtenant to Lot 2 or used in connection with it in excess of the conveyance in 2(a) above, in the event the water rights are to be sold independently of the land, for a period of ten (10) years from the acceptance of the water ex ten- sion line. The parties agree that the City shall pay the costs of the preparation and recording (but not the Covenantor's cost of review) of the conveyance and leasing documents described in 2(a) and 2 ( c) . 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Code, as amended, became, in the sole judgment or discretion of the City Council, necessary or desirable to the area of the above-described property, Covenantor will make no objection to any special asess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees 2 ,"".' ."""\ ,I " BOOK 450 P:-15E370 to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown develop- ment district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation or open spaces facilities, public transportation facilities, park- ing, etc.) in the area of the above-described property or to reim- burse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the forma- tion of such a district. 4. These conditions are covenants to run with the land and are binding on Covenantor, his heirs, personal representatives, successors and assigns and may not be released or modified in any way except in a writing signed by the parties and adopted by a Resolution of the City Council of the City of Aspen. 5. The conditions are stipulated to be in consideration for land-use approvals requested by Covenantor and granted by the City. day of fN'.~~ . , 1983. Dated this ,~ .1" . .....,..'{ Q F .(. ,,' r\ .......... ..,;t..... ..~ "oJ .J',~!: " . '. ("...... f A,~.'I:,~~l . ,,. - , .:;,S,IJrA L : :t , . . Kat: r.Oj'rl. FORM: 81,<\8"> COVENANTOR: - . r ,..." ',",,/ ""'" BOOr. 450 p;4u:371 STATE OF COLORADO ss. County of Pitkin The foregoin ,instrument /5i-:tJ day of ), a - was acknowledged before me this Gordon by Fitzhugh , 1983, for Sheldon M. III, his attorney-in-fact. WITNESS MY HAND AND OFFICIAL SEAL. ...11 E C "7" 1./\ "'/.. IC ~ ~~<.-:. MY' ct6tmission expires: flf/v{dJc3?~ / / Lr/ ~'.. \\OTA f" :li;: ,j" ~ IT)' l . :,;?~~ I.... ~ . ~IO ;1<,.,. ," ~\. OeuC ' ". . """'" ,.., C> ,. ...~~;$;~:~~:.' '>_~.l ' ".. 'C;,\ '" . . .... a;1/~// I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and Exemption from GMP for a "Lot Split", was considered and approved by the Aspen City Council at its regular meeting held August 8, 1983, at which time the Mayor, William L. Stirling, was authorized to elle.\;,ute the ,'" .... :..... V .(S~"".. .,':\"l ....... f: ", .,' y.~..., ,,-'::,.. '.. 1". .~.. ,. .-:",.' "i>>,i/,l' ", " ... .'1" .", . 'f,.._" . ~ ~ ~"...t." "~,. t~/' ".. ~ ; .:SBiAL: ; . ..' ~~'., If.'-' . - \ "{~~~,,1.ryWi'\>, ...... .- . . ('ot6'p:~S':,...,' "" ."",.- same on behalf of the City of Aspen. ~;cX.;.~ J dLAJ athryn S. Koch, City Clerk 4