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HomeMy WebLinkAboutcoa.lu.ex.Horizons III Lot14-Blk2-Snowbunny.Subd.1979Horizons III , Lot 14 Block 2 1 1 Snowbunny Recorded at 3:55 P.'`. Jan i;`"0 Loretta 3anner Recorder eption 1>1o: �.i��. PAGE ` bui STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, HORIZONS III, JOINT VENTURE #2, a Minnesota Joint Venture, is the owner of a parcel of land located in Pitkin County, Colorado, more particularly described as: LOT 14, BLOCK 2 SNOWBUNNY SUBDIVISION City of Aspen, State of Colorado WHEREAS, there is presently under construction on said property a duplex structure with respect to which the applicant wishes to separate interests without parcelling the land on which said structure is situate, and WHEREAS, there has been made an application for exemption from the definition of subdivision for such conveyance of interests pursuant to Section 20-19 of the Aspen Municipal Code, and, WHEREAS, the Aspen Planning and Zoning Commission has determined that such exemption is appropriate provided that: a. The applicant install separate electric and water meters. b. The applicant agrees to enter into an improvement district for the construction of curb, gutter and sidewalks should such an improvement district be formed. C. Neither of the dwelling units shall be leased for a period of less than six months except for two short term rentals per year. WHEREAS, the City Council has found the proposed division of interest in the existing structure to be without the intents and purposes of subdivision regulation provided that the constraints imposed in subsections a, b and c above, proposed by the Planning and Zoning Commission, be maintained, THEREFORE, the City Council of the City of Aspen does hereby determine that the proposed division of interest in the duplex structure situate on the above -described land is without the intents and purposes of subdivision regulation, and does, for such reason, grant an exemption from the • r aa38.E PUL 756 definition of subdivision for such action, PROVIDED, HOWEVER, that this grant of exemption shall at all times be conditioned on compliance by the applicant, his heirs,, assigns and successors in interest, with the conditions with respect to extension, replacement and contri- bution to the cost of public improvements and leasing, itemized in subparagraph a through c above; which conditions shall be deemed a covenant running with the land and burden the same. DATED: 1980. HERMAN EDEL, Mayor I, KATHRYN S. KOCH, do certify that the foregoing Statement of Exemption from the definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held �� at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. KATHRYN S. fOCH, City Clerk -2- i raw h Gty r,�l� i3o b k1al�+`r{ fNZR r.ecorOed at 3:56 P.M. ..an ?S30 Loretta Fanner Recorder enti_on No. � 9 K+�l7fr DECLARATION OF RESTRICTIONS WHEREAS, HORIZONS III, JOINT VENTURE #2, a Minnesota Joint Venture, is the owner of certain real property located in Pitkin County, Colorado, more particularly described as: LOT 14, BLOCK 2 SNOWBUNNY SUBDIVISION City of Aspen, State of Colorado, WHEREAS, the owner has been granted an exemption from subdivision by the City of Aspen for the condominiumization of a duplex structure located on said real property; and WHEREAS, said subdivision exemption was conditioned upon certain restrictions being placed upon said real property; NOW, THEREFORE, the owner hereby places the following restrictions upon said real property: a. Neither of the dwelling units shall be leased for a period of less than six months, except for two short term rentals per year. b. The owners of each unit, whoever they may be at the time, shall enter into an improvement district for the construction of curb, gutter and sidewalks should such an improvement district be formed. The above restrictions shall run to the benefit of the City of Aspen and shall not be released or amended except upon the filing of a written agreement signed by the owners of the property at the time the agreement is signed and the City of Aspen. HORIZONS III, JOINT VENTURE #2 By GE LD S. HALEY, its A orney- in-Fact STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Declaratiop of Restrictions was acknowledged before me this day of Luc , 1980 by Gerald S. Haley, as Attorney in -Fact for Horizons III, Joint Venture #2, a Minnesota Joint Venture. Witness my hand and official seal.: My commission expires %X Notary Public µ, ?" • • MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Horizons III - Subdivision Exemption DATE: September 13, 1979 The attached application requests subdivision exemption for the condominiumiza- tion of a duplex which is presently under construction on the corner of Snowbunny Lane and Cemetery Lane (Lot 14, Block 2, Snowbunny Subdivision). The property is zoned R-15 with a duplex being allowed on parcels in excess of 15,000 square feet. The City Engineering Department has reviewed this application and recommends approval of the subdivision exemption subject to several comments.. Those comments are attached in their entirety for your review. Ron Stock has reviewed the application and recommends approval of the subdivision exemption subject to the property being deed restricted to a six month minimum lease term with no more than two shorter tenancies in any calendar year. It has been demonstrated that the property has never been part of the low, moderate or middle income housing pool by virtue of the fact that the property is currently under construction and has never been occupied by anyone. On September 4, 1979, the Aspen Planning and Zoning Commission reviewed this application and recommended your approval subject to the property being deed restricted to a six month minimum lease term with no more than two shorter tenancies in any calendar year, and subject -to the comments of the City Engineering Department found in their memo to the Planning Office of August 14, 1979. GARVIE1.73 Sc IIE0IIT AT'1'01<NISYN AT LAW VICITORIAN HQUARE 1tIT11D1N() 001 EAHT RYMAN AVENI(R AHPP:N, OOLORADO 61011 RONALD OARVI)MI) TIILIKIWONI{ ANDREW V. I FORT (nou) u¢n-nluo April 10, 1979 ABIILI;Y ANDERSON . OHRIHTOPIFER N. HODIMRII ORA]O N. RLOOKWIOIC LYNN 0. ALSON Planning and Zoning Commission c/o Aspen City Hall 130 S. Galena St. Aspen, Colorado 81611 Dear Members: This is an application by Horizons III, Joint Venture Agreement No. 2 pursuant to Section 20-19 of the Aspen Municipal Code, as amended, for an exemption from the definition of the term subdivision for the condominiumization of a duplex to be constructed on Lot 14, Block 2, Snowbunny Sub- division. The principals in the joint venture are Mr. Gerry Haley, an Aspen resident who will actually construct the duplex, and his partners, Frank Krohn and Richard Huffman. The applicants submit since this is merely the subdivision of a structure which is to be constructed as a duplex, to require that the applicant proceed through the entire subdivision procedure would deprive the applicants of the reasonable use of his land. Furthermore, the applicants submit that exemption is necessary for the preservation and enjoyment of his substantial property right. Finally, the applicants submit that since, as stated above, this is merely a subdividing of a structure which is to be constructed as a duplex, there will be no increase in density as a result of the granting of this exemption and therefore the granting of the exemption will not be detrimental to the public welfare or injureous to other property in the area. With respect to employee housing the applicants submit that, since this dul5lex is yet to be constructed it is axiomatic that there will be no displacement if the structure is in fact condominium' -zed. �I 111 S , L 4 Planning and ZoninWommisSi.on • April 10, 1979 Page Two The location of the structure on the lot as well as a detailed presentation of the structure are contained in the building plans attached to this application. Also.attached to the application is a recent title commitment. The applicants thank you for your considerat�ion.and respectfully request your approval. Sincerely, GARFIELD HECHT Ashley Anderson AA/d Encl. I,, 0 M E I.7 O JZ n N D U M 0 TO: Richard Crice, Planning FROM: Louis Buettner, Jsngi.necrin� RE: Horizon-, 11I, Subdivision Exemption DATE: August 14, 1979 In reviewing this subdivision exemption application for Lot 1.4, Block 2, Snowbunny Subdivision the Engineering department has the following comments: 1) The present construction of the duplex will require two drive- ways. I believe this is a change -in the building that has not been approved by the City Building department. Reference should be made to section 19-101 of the municipal code sub- section "E 1.". This section states that residential zoned districts shall be allowed one curb cut (driveway across city right-of-way) of not more than 18 feet. 2) This being a newly constructed duplex, two electric and two water meters should be required. There should be a water shut off located outside of the building for each side of this duplex. 3) The street improvements of curb, gutter, and sidewalk have _not been constructed. The Engineeringr department would re- quest that the applicant (owner) enter into an improvement agreement that would be a covenant on the property. The Engineering c:.epartment could recommend approval of this ap- plication with the following restrictions. That item 1 and 2 above are addresEed and corrected during the construction. That item 3, the improvement agreement, is recorded before the comple- tion or sale of the building. ,..__�.. ,... iv.�.Al�. ...1i`!"G't-=k4-...hr16•.'t•.'�1M1�'-•:-_-.,-..r •. •Y_ ... .. �....__.�. .. .. �-.....�..-._.�- _ ._.-: _. k � . • MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Horizons III - Subdivision Exemption DATE: September 13, 1979 The attached application requests subdivision exemption for the condominiumiza- tion of a duplex which is presently under construction on the corner of Snowbunny Lane and Cemetery Lane (Lot 14, Block 2, Snowbunny Subdivision). The property is zoned R-15 with a duplex being allowed on parcels in excess of 15,000 square feet. The City Engineering Department has reviewed this application and recommends approval of the subdivision exemption subject to several comments. Those comments are attached in their entirety for your review. Ron Stock has reviewed the application and recommends approval of the subdivision exemption subject to the property being deed restricted to a six month minimum lease term with no more than two shorter tenancies in any calendar year. It has been demonstrated that the property has never been part of the low, moderate or middle income housing pool by virtue of the fact that the property is currently under construction and has never been occupied by anyone. On September 4, 1979, the Aspen Planning and Zoning Commission reviewed this application and recommended your approval subject to the property being deed restricted to a six month minimum lease term with no more than two shorter tenancies in any calendar year, and subject to the comments of the City Engineering Depart!;lent found in their memo to the Planning Office of August 14, 1979. 9 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Horizons III Subdivision Exemption DATE: August 30, 1979 The attached application requests subdivision exemption for the purpose of condominiumization of a duplex which is presently under construction on the corner of Snowbunny Lane and Cemetary Lane (Lot 14, Block 2, Snowbunny Subdivision). The property is zoned R-15 with a duplex being allowed on parcels in excess of 15,000 square feet. The City Engineering Department has reviewed this application and recommends approval of the subdivision exemption subject to several comments. Those comments are attached in their entirety for your review. Ron Stock has reviewed the application and recommends approval of the subdivision exemption subject to the property being deed restricted to a six month minimum lease term with no greater than two shorter tenancies in any calendar year. It has been demonstrated that the property has never been part of the low, moderate or middle income housing pool by virtue of the fact that the property is currently under construction and has never been occupied by anyone. The Planning Office recommends you approve the subdivision exemption subject to the property being deed restricted to a six month minimum lease term with no more than two shorter tenancies in any calendar year, and subject to the comments of the City Engineering Department found in their memo to the Planning Office of August 14, 1979. • M E M O R A N D U M • TO: Richard Grice, Planning FROM: Louis Buettner, Engineering �� w RE: Horizons III, Subdivision Exemption DATE: August 14, 1979 In reviewing this subdivision exemption application for Lot 14, Block 2, Snowbunny Subdivision the Engineering department has the following comments: 1) The present construction of the duplex will require JAAo drive- w�ys. I believe this is a change in the building that has not been approved by the City Building department. Reference should be made to section 19-101 of the municipal code sub- section "E 1". This section states that residential zoned districts shall be allowed one curb cut (driveway across city right-of-way) of not more than 18 feet. 2) This being a newly constructed duplex, two electric and two water meters should be required. There should be a water shut off located outside of the building for each side of this duplex. 3) The street improvements of curb, guttE!r, and sidewalk have not been constructed. The Engineering' department would re- quest that the applicant (owner) enter into an impr-avement agreement that would be a covenant on the property. The Engineering e.epartment could recommend approval of this ap- plication with the following restrictions. That item 1 and 2 above are addressed and corrected during the construction. That item 3, the improvement agreement, is recorded before the comple- tion or sale of the building. • MEMORANDUM TO: Dave Ellis, City Engineer FROM: Richard Grice, Planning Office RE: Horizons III - Subdivision Exemption DATE: July 25, 1979 Attached please find two copies of improvement survey for the Horizons III subdivision exemption. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, September 4, 1979. Therefore, may I please have your written comments concerning this application no later than Monday, August 27, 1979. Thank you. s RONALD GARFIELD ANDREW V. HECHT ASHLEY ANDERSON CHRISTOPHER N. SOMMER CRAIO N. BLOCHWIC% LYNN C. ALSON GARFIELD & HEGHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 001 EAST HYMAN AVENUE ASPEN, COLORADO 81011 July 18, 1979 Richard Grice Planning and Zoning Office City Hall Aspen, Colorado 81611 Re: Horizons III Condominiums Dear Richard: Enclosed please find the Improvement Survey on the Horizons III Condominiums. You will recall this is a duplex under construction in the Snowbunny area and you indicated you could not put it on the P&Z agenda without an Improvement Survey. If you have any other questions concerning the application, please do not hesitate to contact me. I would appreciate getting on the P&Z agenda as soon as possible. Thank you very much for your assistance. Sincerely, GARFIELD & HECHT Ashley Anderson AA:d Encl. TELEPHONE (303) 025-1030 • 0 CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM DATE: April 20, 1979 TO: Richard Grice FROM: Ron Stock RE: Horizons III Subdivision Exemption I have reviewed the application for the above -described sub- division exemption and I recommend approval subject to the property being deed restricted to a six-month minimum lease term with no greater than two shorter tenancies in any calen- dar year. RWS:mc • • MEMORANDUM TO: Dave Ellis, City Engineer Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: Horizons III Subdivision Exemption DATE: April 17, 1979 Attached please find application for subdivision exemption for a duplex to be constructed on Lot 14, Block 2, Snowbunny Subdivision. This item is tentatively scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, June 5, 1979. I will, however, be out of town during the week of May 28th and request that your written comments be received by me no later than Monday, May 21, 1979. If you cannot meet this deadline, please advise me immediately. Thank you. r� • GARFIELD & HEG= ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 RONALD GARFIELD ANDREW V. HEOHT April 10, 1979 ASHLEY ANDERSON OHRISTOPHER N. SOMMER ORAIG N. BL00%WIOH LYNN O. ALSON Planning and Zoning Commission c/o Aspen City Hall 130 S. Galena St. Aspen, Colorado 81611 Dear Members: TwLEPimwE (303) 9E5-1936 This is an application by Horizons III, Joint Venture Agreement No. 2 pursuant to Section 20-19 of the Aspen Municipal Code, as amended, for an exemption from the definition of the term subdivision for the condominiumization of a duplex to be constructed on Lot 14, Block 2, Snowbunny Sub- division. The principals in the joint venture are Mr. Gerry Haley, an Aspen resident who will actually construct the duplex, and his partners, Frank Krohn and Richard Huffman. The applicants submit since this is merely the subdivision of a structure which is to be constructed as a duplex, to require that the applicant proceed through the entire subdivision procedure would deprive the applicants of the reasonable use of his land. Furthermore, the applicants submit that exemption is necessary for the preservation and enjoyment of his substantial property right. Finally, the applicants submit that since, as stated above, this is merely a subdividing of a structure which is to be constructed as a duplex, there will be no increase in density as a result of the granting of this exemption and therefore the granting of the exemption will not be detrimental to the public welfare or injureous to other property in the area. With respect to employee housing the applicants submit that, since this duplex is yet to be constructed it is axiomatic that there will be no displacement if the structure is in fact condominiumized. Planning and Zoning Commission April 10, 1979 Page Two The location of the structure on the lot as well as a detailed presentation of the structure are contained in the building plans attached to this application. Also attached to the application is a recent title commitment. The applicants thank you for your consideration and respectfully request your approval. Sincerely, GARFIELD & HECHT Ashley Anderson AA/d Encl. 4mmitment for Title Insurance BET / s w—___--- _-- USLIFE 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 shalt 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 effective date hereof or when the policy or policies committed 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 officer or agent.' ASPEN TITLE COMPANY Schedule 7 9 - 0 2 - 0 7 925-4444 i . Effective dare February 6 19 7 9 Case No._ - __—__ Inquiries directed to_ 2. Policy or policies to be issued: @ 8 • 0 0 A.M. A. ALTA Owner's Policy Proposed Insured Amount S _____.___._ _.._ Premium S _ (CONSTRUCTION LOAN) 262 500.00 187.49 B. ALTA Loan Policy Proposed Insured: Arnount S______ ,.._ Premium 5_________ Tax Certificate 5.00 THE EMPIRE SAVINGS, BUILDING AND LOAN ASSOCIATION C. Amount S _--_ —_ 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: ROBERT BLITZ 4. The land referred to in this commitment is described as follows: Lot 14, Block 2, SNOWBUNNY SUBDIVISION Pitkin County, Colorado Schedule B—Section t 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 Bled for record, to -wit: PLEASE SEE EXHIBIT "A" ATTACHED TO AND MADE A PART HEREOF. (OVER) Furmerly DAL LAST ITLE AND GUARANTY COMPANY FOR:., 105 (CO) IOM 107, H i Schedule B—Section 2 Exception10 S;: eet Address of Property 0-- The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of this Company: 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 records. 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 dale the proposed insured acquires of record for value this estate or interest or mortgage thereon covered by this Commitment. Exceptions numbered__ _____ ...__are hereby omitted. PLEASE SEE EXHIBIT "B" ATTACHED TO AND MADE A PART HEREOF Conditions and Stipulations 1. The term "mortgage,'" when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail ;o 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 reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company. or if the Company otherwise acquires actual knovvledgr� of.any such defect, lien, encvmbrance, adverse claim or other matter, the Comlmny at its option may amend Schedu!e 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 Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or 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 or policies 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 damage, whether or not based on negligence. and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this commitment. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." =' t3 EAL . USLIFE Title Insurance Company of Dallas Pfes,denr 6 ChW E.ecuhoe Ofhc. ' Arrest Loecur,.e V,ce-Aee,dera. Secre1ey and T,esru,r, i " h Aurbd,fed S.onrfufe "' EXHIBIT "A" ATTACHED TO AND :FADE A PART HEREOF 1'1`79-02-07 Requirements (continued) (c) Deed from Robert Blitz vesting fee simple title in Jerry Haley. (d) Deed from Jerry Haley vesting fee simple title in Horizons III, Joint Venture #2. (e) Duly acknowledged affidavit setting forth in the nar:e of Horizons III, Joint Venture #2, as a joint venture and the names of all the joint venturers and otherwise complying with the requirements of CRS 1973 38-30-166. (f) Release by the Public Trustee of Pitkin County, Colorado of the Deed of Trust from Robert Blitz for the use of Willian Roosevelt to secure $53,250.00, dated January 27, 1978, recorded February 2, 1978 in Book 342 at Page 941. (�) Release by the public Trustee of Pitkin County, Colorado of Deed of Trust from Robert Blitz for the use of First National Bank in Aspen to secure $50,000.00, dated November 1, 1978, recorded November 22, 1978 in Book 358 at Page 516. (h) Deed of Trust from Horizons III, Joint Venture #2, to the Public Trustee of Pitkin County, Colorado for the use of The Empire Savings, Building and Loan Association to secure $265,000.00.