HomeMy WebLinkAboutcoa.lu.ex.Kraut LotsE-I,Blk105.Kraut Lot Split 105A-89
2737-182-27-002 Qt-r,e,(i9�
Orca - /0 0990)
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090
LAND USE APPLICATION FEES
City
00113-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
GMP/CONCEPTUAL
GMP/FINAL
SUB/CONCEPTUAL
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125-63340-205 ENVIRONMENTAL HEALTH
00123-63340-190 HOUSING
00115-63340-163 ENGINEERING
SUBTOTAL
County
00113-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
63450-146
REFERRAL FEES
00125
-63340-205
00123
-63340-190
00113
-63360-143
PLANNING
OFFICE SALES
00113
-63080-122
-63090-123
-63140-124
-69000-145
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMP. PLAN
COPY FEES
OTHER
SUBTOTAL
TOTAL
i
Name: Y% J "` Phone:
Address: I %�J Project.
Check # I Date:
Additional billing: #of Hours:
corded at A - o' oc,; M—�-�--�
616 74 ' ' f► �
f11, L � 5
CURB GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this S';�day of 1990, between
the CITY OF ASPEN, a Colorado municipal cor ration the "City"),
and MICHAEL LUZICH and ELAINE KRAUT, c/o Law Offices of Gideon I.
Kaufman, P.C., 315 East Hyman, Suite 305, Aspen, Colorado
(collectively, "Owner").
W I T N E S S E T H•
WHEREAS, Owner is the owner of the real property described as
Lot E-1, Block 105, City and Townsite of Aspen (the "Lot"); and
WHEREAS, Owner has received from the City an exemption,
pursuant to §7-1003 of the Municipal Code of the City of Aspen (the
"Municipal Code"), to split the Lot; and
WHEREAS, as a condition of the split of the Lot, the City has
required that Owner execute this Agreement for future construction
of curbs, gutters and sidewalks, pursuant to §19-100 of the
Municipal Code; and
WHEREAS, curbs and gutters have already been installed in the
Lots's frontage; and
WHEREAS, at this time, the City Engineer deems the construction
of sidewalks at the Lot to be unfeasible due to existing conditions.
NOW, THEREFORE, the parties hereto agree as follows:
1. Owner agrees to construct sidewalks along the frontage of
the Lot (approximately > feet) at such time as the City deems
construction necessary and feasible. It is acknowledged by all
parties that the present requirement is for five foot (51) wide
concrete sidewalk.
2. In the alternative, at the City's option, the City may
construct the above improvements, and Owner shall reimburse the City
for all costs of such construction. Reimbursement shall be made to
the City within ninety (90) days after receipt of invoice.
3. This Agreement shall be binding upon and shall inure to
the benefit of the heirs, successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
MICHAEL LUZ CH
ELAINE KRAUT
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
- 1 -
BOOK 616 PAGE 575
Attest:
Kathryn Koch, City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
CITY OF ASPEN, a Colorado
munici al porati n
By .t.
liam L. Sti i g, Mayo%
40
The foregoing instrument was acknowledged before me this
day of c' , 1990, by WILLIAM L. STIRLING, as Mayor, and
KATHRYN S. KOCH, as City Clerk, on behalf of the City of Asp??jjja
Colorado municipal corporation.
r
WITNESS my hand and official seal. `
My commission expires: myc4mm"Meowev'82 '
No ry Publi
STATE OF
s s .
COUNTY,OF )
.,r�,,Tbe_ foregoing instrument was acknowledged before me this '
day"bf 1990, by MICHAEL LUZICH.
WIT1•1E'SS my hand and official seal.
Mpl q�i6iss.ion expires: 5 jjj ri
ota Public
STATE OF
'• ) ss.
COUNTY OF/Y`i✓�c�v )
The foregoing instrument was acknowledged before me this .2 U
day of 1990, by ELAINE KRAUT.
WITNESS my hand and official seal.
My commission expires:
\luzich\sidewalk.agr
Notary ublic �-
MY Commiisim '
June `2!P, IM
- 2 -
mf"I'l YM
seei b.� uftk
r acorded at �- o'doc"; �
616 Na�E 576
,k �e.ption No
(iO�N SILVI, DAVIS PITW COIiP,I I K I sZDtti
STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF THE SPLIT OF LOT E-1, BLOCK 105,
CITY AND TOWNSITE OF ASPEN
WHEREAS, ELAINE KRAUT and MICHAEL LUZICH (hereinafter
collectively "Applicant"), are the owners of a parcel of real
property located in the City of Aspen, Pitkin County, Colorado,
described as all of Lot E-1, Block 105, City and Townsite of
Aspen; and
WHEREAS, Applicant has requested an exemption pursuant to
§7-1003 of the Muncipal Code of the City of Aspen of a split of
such lot (the "Lot Split"); and
WHEREAS the Aspen City Council determined at its meeting
of January t, 1990, that such exemption was appropriate and
granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the application for exemption from the full
subdivision process for the purpose of the above -described Lot
Split is proper, and hereby grants an exemption from the full
subdivision process for such Lot Split.
PROVIDED, HOWEVER, that the foregoing subdivision
exemption is expressly conditioned upon:
1. The Applicant's compliance with the provisions
contained in Ordinance No. 79, Series of 1989, granting the
exemption.
2. That the Final Plat of Lot Split (the "Final Plat")
depicting the Lot Split shall be approved by the Aspen/Pitkin
County Planning Office and shall be filed with the Pitkin
County Clerk and Recorder.
3. Applicant shall join any applicable future
improvement district on such terms and conditions as are
reasonably comparable to other such districts.
DATED this ,10 q_4"day of �%ZC-�-�-/ 1990.
MICHAEL LUZ, CH ELAINE KRAUT
APPROVED AS TO FORM: CITY OF ASPEN, a municipal
corporation
By��-�<
City Attorney William L. Stirling, Ma r
(ADDITI NAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
- 1 -
ROU 616 p4GE 577
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for
the Purpose of the Split of Lot E-1, Block 105, City and
Townsite of Aspen, was considered and approved by the Aspen
City Council at its regular meeting held January , 1990, at
which time the Mayor, William L. Stirling, was authorized to
execute the same on behalf of the City of Aspen.
/C.IiC.Gi
Kathryn . Koch, City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
,&— day of 1990, by WILLIAM L. STIRLING as Ma or and
KATHRYN S. KO H as City Clerk on behalf of the City qf1 A�y, a
municipal corporation. �'
WITNESS my hand and official seal.
My commission expires: MY CWRWM0*11069,27/92
Notary Public
V
STATE OF COLORADO
ss.
,,•'��. •� COUNTY OF PITKIN
"• ��_,�� '" The foregoing instrument was acknowledged before me this
s \ day of 1990, by MICHAEL LUZICH.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
�b day of 1990, by ELAINE KRAUT.
WITNESS my hand and official seal.
`.,rjf My commission expires:
Notar Public
\kraut\subexcpt.agr
My Commission Expires
June 28, 1992
— 2 —
n
elly e7
�v
�c: A .8�, -.wut
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 11 74,89
DATE COMPLETE: 1 / 1 4{ l b `?
PARCEL ID AND CASE NO.
2737-182-27-002 105A-89
STAFF MEMBER: �, 1-
PROJECT NAME: Kraut Lot Split
Project Address:
Legal Address: Lots E-I, Block 105, City and Townsite of Aspen
APPLICANT #1: Elaine Kraut Applicant Address: 1505 Golden Lake
Rd, Oconomowoc, WI 53066-9404 Phone: (414) 543-3443
APPLICANT #2: Michael Luzich Applicant Address:l Byram Brook
Place, Armonk, NY 10504 Phone: (914) 273-6500
REPRESENTATIVE: Same
Representative Address/Phone:
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PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 6
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING:
VESTED RIGHTS: YES NO
Planning Director Approval:
Insubstantial Amendment or Exemption:
REFERRALS:
T City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
DATE REFERRED: / // ICJ Le 2 INITIALS:
Paid:
Date:
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
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FINAL ROUTING: DATE ROUTED: INITIAL:
4city Atty City EngineerZoning Env. Health
Housing Other.
FILE STATUS AND LOCATION:
:t':3084 t'a;;!21 /1?0 �; -
4--_. :=eta Reo $15 a Hk:: 627 PS 827
Silvia Davis, 'it'<:in ^nt ^; e1•};.„
Y Doc $.t;ta
ORDINANCE NO. I
(SERIES OF 1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN T%'EST7NG THE
DEVELOPMENT RIGHTS FOR THE KRAUT LOT SPLIT - LOTS E-I, BLOCK 105
WHEREAS, Elaine Kraut submitted for approval to the City
Council a Subdivision Exemption for a Lot Split; and
WHEREAS, the City Council reviewed and approved sa_ici Lot
Split on January 8, 1990; and
WHEREAS, Elaine Kraut has requested that the development
rights for the Kraut Lot Split be vested pursuant to Section 6-
207 of the Aspen Land Use Regulations; and
WHEREAS, the Aspen City Council desires to vest r,= ✓e� > ;lt n'�
rights in the Kraut Lot Split pursuant to Section 6-207 or the
LAnd Use Regulations for a period of three ;rears from the
effective date hereof subject to the terms and conditions
contained in the Subdivision of the Kraut Lot Split and I... --rein
below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO.
SECTION 1
The City Council of the City of Aspen, as a consequence of
its approval of the Kraut Lot Split, Lots E through I, Block 105,
Aspen Townsite, and pursuant to Section 6-207 of the Land Use
Regulations of the City of Aspen, hereby vests development rights
in the Kraut Lot Split for a period of three (3) years from the
effective date hereof. However, any failure to abide by any of
the terms and conditions attendant to this approval shall result
in the forfeiture of said vested rights property rights. Failure
4-225:a JOB./ 1/9(" 13.5C? -e= p15. ?i? 8 627 PC 828
Silvia. Davis, Fi.-I.:Ar. Cr-_,,i Clear:, Doi._ $.00
by this Code shall also result in the forfeiture of said v-sted
rights; and
SECTION 2
The approval granted hereby shall be subject to all rights
of referendum and judicial review; except that the period of
time permitted by law for the exercise of such rights shall not
begin to run until the date of publication of this or.•d:Lnance
following its adoption.
SECTION 3
Zoning that is not a part of the site specific de- :.lcC-nent
plan approved hereby shall not result in the creation of a vr,sted
property right.
SECTION 4
Nothing in this approval shall exempt the Lot Split
development from subsequent reviews and approvals requirert by
this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
SECTION 5
The establishment of a vested property right shall not
preclude the application of ordinances or regulations which are
general in nature and are applicable to all property sub•:c.t to
land use regulation by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical and mechanical
codes.
SECTION 6
If any section, sub -section, sentence, clause, phrase or
43254c4 921/90 13: 50 r ec $15. 0 B;<:*7 PG 829
S:i .via Davisy F'_. �f:4r1 Casty Glee-::, Doc $.00
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct.. and independent
provision and shall not affect the validity of the -'remaining
portions thereof.
SECTION 7
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
SECTION 8
A public hearing on the Ordinance shall be held on the _26V_c�
day of 1990, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to :which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the, Citv Council of the City of Aspen on the :2,,-,`day of
1-990.
William L. Stirlifig, Mayor
ATTEST:
Kat ;i`yn,o Koch, City Clerk
FINALLY, adopted, passed and approved this �day of
1990.
. v IV ..
William L. Stirling, Mayor
ATTEST:
1tathryn : loch, City Clerk
MEMO TO FILE
DATE: 1/9/90
FROM: KIM JOHNSON
RE: DISPOSITION OF KRAUT LOT SPLIT
On Monday Jan. 8, the City Council approved the second reading of
the Kraut Lot Split. Ordinance # 79 Series 1989 was adopted with
the conditions as described. No pertinent discussion was
involved.
V00. .. .. .. .... .. I'll, .. ... ... .. . ......... ..
ORDINANCE NO.
(SERIES OF 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE KRAUT LOT SPLIT
WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use
Code, a Lot Split is a subdivision exemption by the City Council;
WIWI
WHEREAS, Elaine Kraut and Michael Luzich have submitted an
application for the lot split of Lots E-I, Block 105, City and
Townsite of Aspen; and
WHEREAS, the Engineering Department, having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office, having reviewed the
application pursuant to Section 7-1003, and reviewing referral
comments from Engineering, recommends approval with the following
conditions:
1. Prior to the signature of the final plat:
a. removal of posts in Original St. right-of-way and alley;
b. platting of utility easements as required by Engineering;
c. a Curb, Gutter and Sidewalk Improvement Agreement shall be
filed by the applicant;
d. the applicant shall agree to join any future improvement
districts,
f
e. the final plat shall include a prohibition against further
subdivision and a requirement that additional development
r, shall comply with the applicable provisions of the Land Use
a
Code;
f. a Subdivision Exemption Agreement shall be submitted in a
form acceptable to the City Attorney;
g. the final plat shall satisfy the Engineering Department
requirements of Section 7-1004 C. and D. of the Land Use
Code; and
h. the final plat will be recorded only upon complete
satisfaction of the above conditions.
WHEREAS, the Aspen City Council having considered the
Planning Office's recommendations for lot split does wish to
grant the requested Subdivision Exemption for the Kraut Lot
Split.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1•
That it does hereby grant a Subdivision Exemption for a Lot
Split, with the previously mentioned conditions recommended by
the Planning Office, to Lots E-I, Block 105, Townsite of Aspen.
Section 2:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason invalid or
unconstitutional by any court of competent jurisdiction, such
s
C
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4:
Nothing in this ordinance shall be construed to affect any
11
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the
day o , 19EM at 5:00 P.M. in the City Council Chambers,
Aspe City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the % day of
1989.
William L. S irling, Mayor
,!Ae ST: \1
Kathryn loch, City Clerk
FINALLY, adopted, passed and approved this Y'11-- day of
William L. Stirling, Mayor
A ST:
I 4J
Kathryn7S. Koch, City Clerk
3
•
•
TO: Mayor and Council
THRU: Bill Efting, Acting City Manager
THRU: Amy Margerum, Planning Director(�V'
FROM: Kim Johnson, Planner
DATE: March 21, 1990
RE: Second Reading, Ordinance 10 (Series 1990), Kraut Lot
Split Vested Rights
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Planning Office recommends approval of Vested
Rights for the Kraut Lot Split and Second Reading of Ordinance 10
(Series 1990).
BACKGROUND: On January 8, 1990, City Council unanimously
approved with conditions the Kraut Lot Split on lots E-I, Block
105. Joe Wells, representing Elaine Kraut, seeks to establish
vested property rights for the Lot Split action. Council had
First Reading of Ordinance 10 (Series 1990) on January 26, 1990.
RECOMMENDATION: The Planning Staff recommends that the City
Council approve and have Second Reading of Ordinance 10 (Series
1990), the Kraut Vested Rights Ordinance.
PROPOSED MOTION: I move to approve the Vesting of Rights for the
Kraut Lot Split and have the Second Reading of Ordinance 10
(Series 1990).
CITY MANAGER COMMENTS: T C c-., < <, ti'
jtkvj/kraut.vest3
•
Al&chment "A"
DOMMUS & weLLs
an association of land planners
January 16, 1990
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 S. Galena Street
Aspen, CO 81611
Dear Leslie:
I am writing on behalf of Elaine Kraut, owner of. Lots E through
I, Block 105, Aspen Townsite. Ms. Kraut recently received
approval from City Council. of Subdivision Exemption for a Lot
Split under the provisions of 67-1003(A)(2).
This approval was granted by Ordinance, but apparently did not
comply with the requirements of 55-207 Vested_ Property Rights.
Would you please advise me regarding any additional information
which you would require to begin the process of establishinq
vested property rights for this approval? Ms. Kraut would like
to complete this process as soon as practical.
Sincerely,
---Joseph Wells, AICP
C -
JW/b
608 east hyman avenue ❑ aspen, colorado 81611 ❑ telephone: 303 925-6866
STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF THE SPLIT OF LOT E-1, BLOCK 105,
CITY AND TOWNSITE OF ASPEN
WHEREAS, ELAINE KRAUT and MICHAEL LUZICH (hereinafter
collectively "Applicant"), are the owners of a parcel of real
property located in the City of Aspen, Pitkin County, Colorado,
described as all of Lot E-1, Block 105, City and Townsite of
Aspen; and
WHEREAS, Applicant has requested an exemption pursuant to
§7-1003 of the Muncipal Code of the City of Aspen of a split of
such lot (the "Lot Split"); and
WHEREAS, the Aspen City Council determined at its meeting
of January , 1990, that such exemption was appropriate and
granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the application for exemption from the full
subdivision process for the purpose of the above -described Lot
Split is proper, and hereby grants an exemption from the full
subdivision process for such Lot Split.
PROVIDED, HOWEVER, that the foregoing subdivision
exemption is expressly conditioned upon:
1. The Applicant's compliance with the provisions
contained in Ordinance No. 79, Series of 1989, granting the
exemption.
2. That the Final Plat of Lot Split (the "Final Plat")
depicting the Lot Split shall be approved by the Aspen/Pitkin
County Planning Office and shall be filed with the Pitkin
County Clerk and Recorder.
3. Applicant shall join any applicable future
improvement district on such terms and conditions as are
reasonably comparable to other such districts.
DATED this day of 1990.
MICHAEL LUZICH
APPROVED AS TO FORM:
City Attorney
ELAINE KRAUT
CITY OF ASPEN, a municipal
corporation
By
William L. Stirling, Mayor
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
- 1 -
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for
the Purpose of the Split of Lot E-1, Block 105, City and
Townsite of Aspen, was considered and approved by the Aspen
City Council at its regular meeting held January , 1990, at
which time the Mayor, William L. Stirling, was authorized to
execute the same on behalf of the City of Aspen.
Kathryn S. Koch, City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1990, by WILLIAM L. STIRLING as Mayor and
KATHRYN S. KOCH as City Clerk on behalf of the City of Aspen, a
municipal corporation.
WITNESS my hand and official seal.
My commission expires:
STATE OF
ss.
COUNTY OF
Notary Public
The foregoing instrument was acknowledged before me this
day of , 1990, by MICHAEL LUZICH.
WITNESS my hand and official seal.
My commission expires:
STATE OF
ss.
COUNTY OF
Notary Public
The foregoing instrument was acknowledged before me this
day of , 1990, by ELAINE KRAUT.
WITNESS my hand and official seal.
My commission expires:
\kraut\subexcpt.agr
Notary Public
- 2 -
•
•
CURB. GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this day of , 1990, between
the CITY OF ASPEN, a Colorado municipal corporation (the "City"),
and MICHAEL LUZICH and ELAINE KRAUT, c/o Law Offices of Gideon I.
Kaufman, P.C., 315 East Hyman, Suite 305, Aspen, Colorado
(collectively, "Owner").
W I T N E S S E T H:
WHEREAS, Owner is the owner of the real property described as
Lot E-1, Block 105, City and Townsite of Aspen (the "Lot"); and
WHEREAS, Owner has received from the City an exemption,
pursuant to §7-1003 of the Municipal Code of the City of Aspen (the
"Municipal Code"), to split the Lot; and
WHEREAS, as a condition of the split of the Lot, the City has
required that Owner execute this Agreement for future construction
of curbs, gutters and sidewalks, pursuant to §19-100 of the
Municipal Code; and
WHEREAS, curbs and gutters have already been installed in the
Lots's frontage; and
WHEREAS, at this time, the City Engineer deems the construction
of sidewalks at the Lot to be unfeasible due to existing conditions.
NOW, THEREFORE, the parties hereto agree as follows:
1. Owner agrees to construct sidewalks along the frontage of
the Lot (approximately feet) at such time as the City deems
construction necessary and feasible. It is acknowledged by all
parties that the present requirement is for five foot (51) wide
concrete sidewalk.
2. In the alternative, at the City's option, the City may
construct the above improvements, and Owner shall reimburse the City
for all costs of such construction. Reimbursement shall be made to
the City within ninety (90) days after receipt of invoice.
3. This Agreement shall be binding upon and shall inure to
the benefit of the heirs, successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
MICHAEL LUZICH
ELAINE KRAUT
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
- 1 -
•
•
Attest:
Kathryn S. Koch, City Clerk
CITY OF ASPEN, a Colorado
municipal corporation
By
William L. Stirling, Mayor
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1990, by WILLIAM L. STIRLING, as Mayor, and
KATHRYN S. KOCH, as City Clerk, on behalf of the City of Aspen, a
Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1990, by MICHAEL LUZICH.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1990, by ELAINE KRAUT.
WITNESS my hand and official seal.
My commission expires:
\luzich\sidewalk.agr
Notary Public
- 2 -
CURB, GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this day of , 1990, between
the CITY OF ASPEN, a Colorado municipal corporation (the "City"),
and MICHAEL LUZICH and ELAINE KRAUT, c/o Law Offices of Gideon I.
Kaufman, P.C., 315 East Hyman, Suite 305, Aspen, Colorado
(collectively, "Owner").
W I T N E S S E T H•
WHEREAS, Owner is the owner of the real property described as
Lot E-1, Block 105, City and Townsite of Aspen (the "Lot"); and
WHEREAS, Owner has received from the City an exemption,
pursuant to §7-1003 of the Municipal Code of the City of Aspen (the
"Municipal Code"), to split the Lot; and
WHEREAS, as a condition of the split of the Lot, the City has
required that Owner execute this Agreement for future construction
of curbs, gutters and sidewalks, pursuant to §19-100 of the
Municipal Code; and
WHEREAS, curbs and gutters have already been installed in the
Lots's frontage; and
WHEREAS, at this time, the City Engineer deems the construction
of sidewalks at the Lot to be unfeasible due to existing conditions.
NOW, THEREFORE, the parties hereto agree as follows:
1. Owner agrees to construct sidewalks along the frontage of
the Lot (approximately 2-30 feet) at such time as the City deems
construction necessary and feasible. It is acknowledged by all
parties that the present requirement is for five foot (51) wide
concrete sidewalk.
2. In the alternative, at the City's option, the City may
construct the above improvements, and Owner shall reimburse the City
for all costs of such construction. Reimbursement shall be made to
the City within ninety (90) days after receipt of invoice.
3. This Agreement shall be binding upon and shall inure to
the benefit of the heirs, successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and yeal- first above written.
MICHAEL LUZICH
ELAINE KRAUT
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
- 1 -
Attest: CITY OF ASPEN, a Colorado
municipal corporation
By
Kathryn S. Koch, City Clerk William L. Stirling, Mayor
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1990, by WILLIAM L. STIRLING, as Mayor, and
KATHRYN S. KOCH, as City Clerk, on behalf of the City of Aspen, a
Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1990, by MICHAEL LUZICH.
WITNESS my hand and official seal.
My commission expires:
STATE OF
ss.
COUNTY OF
Notary Public
The foregoing instrument was acknowledged before me this
day of , 1990, by ELAINE KRAUT.
WITNESS my hand and official seal.
My commission expires: `
\luzich\sidewalk.agr
Notary Public
- 2 -
STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF THE SPLIT OF LOT E-1, BLOCK 105,
CITY AND TOWNSITE OF ASPEN
WHEREAS, ELAINE KRAUT and MICHAEL LUZICH (hereinafter
collectively "Applicant"), are the owners of a parcel of real
property located in the City of Aspen, Pitkin County, Colorado,
described as all of Lot E-1, Block 105, City and Townsite of
Aspen; and
WHEREAS, Applicant has requested an exemption pursuant to
§7-1003 of the Muncipal Code of the City of Aspen of a split of
such lot (the "Lot Split"); and
WHEREAS, the Aspen City Council determined at its meeting
of January , 1990, that such exemption was appropriate and
granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the application for exemption from the full
subdivision process for the purpose of the above -described Lot
Split is proper, and hereby grants an exemption from the full
subdivision process for such Lot Split.
PROVIDED, HOWEVER, that the foregoing subdivision
exemption is expressly conditioned upon:
1. The Applicant's compliance with the provisions
contained in Ordinance No. 79, Series of 1989, granting the
exemption.
2. That the Final Plat of Lot Split (the "Final Plat")
depicting the Lot Split shall be approved by the Aspen/Pitkin
County Planning Office and shall be filed with the Pitkin
County Clerk and Recorder.
3. Applicant shall join any applicable future
improvement district on such terms and conditions as are
reasonably comparable to other such districts.
DATED this day of , 1990.
MICHAEL LUZICH
APPROVED AS TO FORM:
, City Attorney
ELAINE KRAUT
CITY OF ASPEN, a municipal
corporation
By
William L. Stirling, Mayor
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
- 1 -
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for
the Purpose of the Split of Lot E-1, Block 105, City and
Townsite of Aspen, was considered and approved by the Aspen
City Council at its regular meeting held January , 1990, at
which time the Mayor, William L. Stirling, was authorized to
execute the same on behalf of the City of Aspen.
Kathryn S. Koch, City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1990, by WILLIAM L. STIRLING as Mayor and
KATHRYN S. KOCH as City Clerk on behalf of the City of Aspen, a
municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1990, by MICHAEL LUZICH.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1996, by ELAINE KRAUT.
WITNESS my hand and official seal.
My commission expires:
Notary Public
\kraut\subexcpt.agr
- 2 -
0 •
MEMORANDUM
TO: Mayor and Council /jQ��/
THROUGH: Bill Efting, Acting City Manager4
Amy Margerum, Planning Directoi;,f
FROM: Kim Johnson, Planner
DATE: December 29, 1989
RE: KRAUT SUBDIVISION EXEMPTION FOR A LOT SPLIT (lots E-I,
block 105, Townsite of Aspen); Second Reading of
Ordinance 79 (Series of 1989.)
SUMMARY: The Planning Office recommends that the City Council
approve the Lot Split for the 15,000 square foot parcel at the
southwest corner of E. Hyman Ave. and S. Original St.
COUNCIL GOALS: This proposal reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental
processes.
PREVIOUS COUNCIL ACTION: Council heard the first reading of
Ordinance 79 on December 18, 1989 and made no changes to the
conditions of approval.
BACKGROUND: The applicant seeks to split a 15,000 s.f. lot into
one 6,000 s.f. lot and one 9,000 s.f. lot. The site is located
in the O - Office Zone district. Pursuant to Section 7-1003 A.2.
lot splits are exempt from general subdivision requirements, but
do require a public hearing before Council. Also, as per
memorandum from Sandy Stuller to Amy Margerum dated Dec. 5, 1989,
subdivision approval shall be by ordinance. Therefore, Council
is asked to approve the lot split and move to consider a second
reading of Ordinance 79 for the Kraut lot split. A lot split can
only be approved if a detached single family residence is
constructed on one of the lots as per Section 7-1003 A.2.
REFERRAL COMMENTS: Interim City Engineer Chuck Roth forwarded
the following comments (Attachment "A"): (1) removal of posts
along Original St. and alley frontages, (2) platting of two
utility easements as described, (3) satisfaction of sidewalk
requirements. (4) applicant's participation in future improvement
districts, (5) request for donation to the City of any excavated
boulders over 36" not needed by the developer.
PROJECT DISCUSSION: There is not a development proposal for this
property currently under review. This lot is one of the few
remaining undeveloped parcels in the O-Office zone. The Planning
Office feels that there is a potential lack of adequate office
space close to the commercial core. Suitability for low density
residential uses may be affected as the parcel is bounded by
major streets (Hyman and Original) and is surrounded by the
following uses: single family residence and tourist lodge to the
southwest, mixed commercial to the south, office commercial to
the north, and multi and single family residential to the east
(Elmore lot recently received a lot split.) Proposed lot sizes
would allow maximum development with single family, duplex and
accessory dwellings to be 6 dwelling units.
To date, one notified property owner has expressed opposition to
the request and suggests that the City purchase the property for
development as employee housing and/or public parking. (see
Attachment "B")
However, the lot split request does comply with the subdivision
exemption requirements of Section 7-1003 A.2.A:
CONDITION a: The land is not located in a subdivision approved
by either the Pitkin County Board of County Commissioners or the
City Council, or the land is described as a metes and bounds
parcel which has not been subdivided after the adoption of
subdivision regulations by the City of Aspen on March 14, 1969.
RESPONSE: Land is in original townsite with metes and bounds
description and has not been subdivided after adoption of
subdivision regulations.
CONDITION b: No more than two (2) lots are created by the lot
split, both lots conform to the requirements of the underlying
zone district and the applicant commits that any lot for which
development is proposed will contain an Accessory Dwelling Unit.
When there is demolition on the property which makes it subject
to the provision of Art. 5, Div. 7, Replacement Housing Program,
the standards of that program shall supersede these requirements.
RESPONSE: No more than two lots are being created, both
conforming to the underlying district requirements. To date, no
development proposal has been submitted. The applicant
understands that any lot for which development is proposed must
contain an Accessory Dwelling Unit as required by the Land Use
Code. No demolition is proposed on this property.
CONDITION c: The lot under consideration, or any part
thereof, was not previously the subject of an exemption under the
provisions of this article or a "lot split" exemption pursuant to
Sec. 8-104 (C) (1) (a) .
RESPONSE: The lot has not previously received a lot split
exemption.
CONDITION D: A subdivision plat is submitted and recorded
after approval, indicating that no further subdivision may be
granted for these lots nor will additional units be built without
receipt of applicable approvals pursuant to this Article and
growth management allocation pursuant to Art. 8.
RESPONSE: The applicant offers that a subdivision plat will
be submitted and recorded after approval indicating that no
further subdivision may be granted for these lots, and that any
further units will be developed under the provisions of Article 7
and growth management allocations of Article 8.
ALTERNATIVES: Without a lot split, the property may be developed
as office or residential uses. With a Conditional Use Permit,
the property could be used for Duplexes, Commercial Parking, Day
Care, or Accessory Dwelling uses.
RECOMMENDATION: Planning staff recommends approval of the Kraut
lot split request with the following conditions:
1.) Prior to filing a final plat:
A.) Removal of posts in Original St. right-of-way and alley.
B.) Platting of utility easements as required by
Engineering.
C.) A Curb, Gutter and Sidewalk Improvement Agreement
shall be filed between the applicant and the City.
D.) The applicant shall agree to join any future
improvement districts.
2.) The final plat shall include a prohibition against
further subdivision and a requirement that additional
development shall comply with the applicable provisions
of the Land Use Regulations.
3.) Filing of a Subdivision Exemption Agreement and final plat
with the City Clerk.
4.) The final plat shall satisfy the Engineering Department
requirements of Section 7-1004 C. and D. of the Land Use
Code.
5.) The final plat will be recorded only upon complete
satisfaction of the above conditions.
PROPOSED MOTION: I move to approve the Kraut lot split on
second reading of Ordinance 79 with conditions.
CITY MANAGER'S COMMENTS:
ATTACHMENTS: "A" - Engineering Referral Comments
"B" - Letter from E. Sullivan
"C" - Ordinance under consideration
kvj/kraut.rpt
• • • *Attachment "A"
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Interim City Engineer C-le-
Date: December 4, 1989
Re: Kraut Lot Split
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. There are a number posts or poles or fence posts along the
Original Street and alley frontages which are not indicated on
the plat. These appear to be located within the public right-of-
way. It is suggested that approvals not be granted and the plat
not be signed until any encroaching fence posts, poles or other
encroachments be removed from the right-of-way. This has been a
problem site for snow removal from the sidewalk area for the
public.
2. The applicant is requested to provide a six by eight foot
transformer easement at the southeast corner of Lot I for the
eventual relocation of the transformer which is currently located
within the Original Street right-of-way. A four by four utility
pedestal easement is also requested at the southeast corner of
Lot F or the southwest corner of Lot G.
3. The property is located within the district requiring
sidewalk construction. The applicant shall be required to enter
the attached agreement to construct sidewalk, curb and gutter
when directed by the City. The condition of the existing curb
could not be inspected due to snow pack.
4. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way using language currently
available from the city attorney's office.
5. The City requests that, in the event of major excavation on
the site, any boulders larger than 36" which are not needed by
the developer be provided to the City at the Marolt Property or
the snow dump for City or other public use.
cc: Bob Gish, Public Works Director
memo_89.120
0 Attachment "B"
/`1S. LEStreY l,Rndr�T
ASPCP3 PLANNONG OFFICE
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STATE OF COLORADO )
) ss. AFFIDAVIT OF MAILING
COUNTY OF PITKIN )
I, ELAINE KRAUT, being duly sworn, state that, on
December 1, 1989, I mailed, by first class postage prepaid, a
Notice to all adjacent property owners of the subject property.
The list of adjacent property owners is attached.
ELAINE KRAUT
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of December, 1989, by ELAINE KRAUT.
64itness my hand and official seal.
My commission expires: /7, /f1!
' "'n,4o -/--,
Notary Public
•
•
PUBLIC NOTICE
RE: KRAUT LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, December 18, 1989 at a meeting to begin at 5:00 pm.
before the Aspen City Council, City Council Chambers, 130 S.
Galena Street, Aspen, to consider an application submitted by
Elaine Kraut and Michael Luzich requesting approval of a Lot
Split. The applicants propose to divide the property located at
715 E. Hyman Avenue, Lots E-I, Block 105, City and Townsite of
Aspen into two lots of 6,000 s.f. and 9,000 s.f.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, CO, 920-5090.
s/William L. Stirling, Mayor
Aspen City Council
------------------------------------------------------------
------------------------------------------------------------
Published in The Aspen Times on November 30, 1989.
City of Aspen Account.
•
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
AFFIDAVIT OF POSTING OF NOTICE
I, BRENT WALDRON, being duly sworn, state that, on
December 4, 1989, I posted the property described on the
attached Exhibit "A" with a Notice of the Public Hearing to be
held December 18, 1989, before the Aspen City Council.
BREKT WALDRON
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
e')- day of December, 1989, by BRENT WALDRON.
Witness my hand and official seal.
My commission expires: ~
Notary Public
•
Is
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
AFFIDAVIT OF MAILING
I, ELAINE KRAUT, being duly sworn, state that, on
December 29, 1989, I mailed, by first class postage prepaid, a
Notice to all adjacent property owners of the subject property.
The list of adjacent property owners is attached.
ELAINE KRAUT
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
8th day of January, 1990, by ELAINE KRAUT.
Witness my hand and officia seal.
try commission expires: �cj �-
o . Notary Public
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STANLEY L. SELIGMAN
P.O. BOX 72
GRAND JCT CO 81502
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THEODORE E. & KATHERINE S. OKIE
730 N. ELECTRIC AVE.'
Q
ALHAMBRA 91801
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THOMAS & AMY KWEI
30 LAKE ONIAD DRIVE
WAPPINGERS NY 12590
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W.C. HEARS
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1914 PENINSULAR ROAD
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AKRON OH 44313
WALHART REALTY
899 SKOKIE BLVD.
NORTHBROOK IL 60062
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WALTER B. & KATHLEEN L. SMITH
6527 LANGE CIRCLE
DALLAS TX 75214
WESTON T. ANSON
1345 CREST ROAD
DEL MAR CA 92014
WILBUR A. HABER
20409 DISHWAUKEE VAL. RD.
MARENGO IL 60152
WILLIAM C. KING & CAROLYN THORNE
409 BUCKINGHAM ROAD
�PITTSBURGH
I
PA 15215
WILLIAM F. CARR, TRUSTEE
P.O. BOX 4619
ASPEN 81612
I
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November 7, 1989
Ms. Amy Margerum, Director
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado
Re: Kraut Lot Split
Dear Amy:
Enclosed please find an Application for Lot Split for Lots
E through I, Block 105, City and Townsite of Aspen, along with
a check in the amount of $780.00 for the filing fee. Kindly
place this on the next available City Council agenda.
Very truly yours,
Elaine M. Kraut and Michael Luzich
APPLICATION FOR LOT SPLIT (§7-1003[Alr2l)
The Applicants, Elaine Kraut and Michael Luzich, request
approval of exemption from subdivision for a lot split, in
order to divide Lots E through I, Block 105, into two (2)
parcels of 6,000 sq. ft. and 9,000 sq. ft. each. Under the
provisions of §7-1003(A)(2), a split of a lot shall be approved
when four (4) conditions are met. The Application is in
compliance with those four (4) conditions as follows:
A. The land is not located in a subdivision approved by
either the Pitkin County Board of County Commissioners or the
City Council.
B. No more than two (2) lots are created by the lot
split, both lots conform to the requirements of the underlying
zone district, and the Applicant commits that any lot for which
development is proposed will contain an Accessory Dwelling
Unit. No demolition on the property is proposed.
C. The lot was not previously the subject of an
exemption under the provisions of this article or a lot split
exemption pursuant to §8-104(C)(1)(a).
D. A subdivision plat will be submitted and recorded
after approval, indicating that no further subdivision may be
granted for these lots, nor will additional units be built
without receipt of applicable approvals pursuant to this
Article and growth management allocation pursuant to Article 8.
•
GENERAL APPLICATION REQUIREMENTS (§6-202(B)
1. Application form attached as Exhibit "1".
2. Applicants' letters of consent are attached as
Exhibit "2".
3. The street address of the parcel is 715 East Hyman
Avenue. The legal description of the parcel is Lots E through
I, Block 105, City and Townsite of Aspen.
4. Disclosure of ownership is attached as Exhibit "311.
5. A Vicinity Map locating the subject parcel is
attached as Exhibit "4".
6. Description of Proposal.
Under the provisions of §7-1004(A)(5), the five (5)
townsite lots in the parcel have continuous frontage, have been
in single ownership and are, therefore, considered merged into
an undivided lot.
The Applicants propose to split the 15,000 sq. ft.
parcel into two (2) parcels of 6,000 sq. ft. and 9,000 sq. ft.
each, as shown on the Plat submitted with this Application.
Lots E and F will be included in the 6,000 sq. ft. parcel, and
Lots G, H, and I, closest to the intersection, will comprise
the 9,000 sq. ft. parcel.
As discussed above, the Application complies with the
relevant review standards of §7-1003(A)(2) and, therefore,
qualifies for exemption from the terms of subdivision.
7. Owners of property within 300 feet of the parcel are
attached as Exhibit 115".
Ic
A` IACIHIM 1
OIBIT "1"
Ill USN AP11ACA ION
FUN
1)�
Project Name KRAUT LOT
SPLIT
2)
. Project Iacation 715 E.
Hyman Avenue; Lots E
through I, Block 105,
City and Townsite of Aspen
(iDdicate street address,
lot & block number,
legal description where
appropriate)
3)
Present Zoning CC
4) lot Size 15,000 sq. ft.
Elaine 11.
Kraut, 1505 Golden Lake Road,
5)
Applicant's Name, Address
& Phorle # Oconomowoc,
WI 53066 (414)543-3443
Michael Luzich, 1 Byram Brook Place, Armonk, NY 10504 (914)273-6500
6) Representative's Name, Adds & Phone # same as Applicants above
7) lype of Application (please check all that apply):
COIXIi.tional Use
Special Review
8040 Greenline
Stream Margin
Mountain View Plane X
Qondominiumization
I-Ot split/Iot Line
Adjustment
Conceptual ual. SPA
Final. SPA
Conceptual PUD
Final FUD
subdivision
Exemption
Text/Map Ameixlment
Conceptual I1i.storic Dev.
Final historic Dev.
Minor historic Dev.
historic Demolition
historic Designation
GMQS Allotment
Ocemion
8) Description of existing Uses (nudx-x and type of existing structures;
approximate sq. ft.; number of bedrooms; any previous approvals granted to the
Pity) -
The parcel is presently vacant.
9) Description of Development Application
Request for Lot Split Approval to divide the parcel into two (2) lots of
6,000 sq. ft. and 9,000 sq. ft. each.
10) have you attacled the following?
X Response to Attadmeant 2, Minimm► SuUnissioaI Oontents
X Response to Attadmient 3, Specific Su mission Contents
X nesponse to Attadmv- nt 4, Review Standards for Your Applications
11/07/09 12145 8 914 273 6509 $1h11A 02
EXHIBIT "2"
6 November 1989
Ms. Amy Margerum Director
Aspen/Pitkin County Planning Office
130 Galena Stree
Aspen, Colorado ' 81611
(page 1 of 2)
Michael Lutich
1 %ram Broo place
Armonk, New York 10504
Re: Application for Lot Split
Dear Ms. Margeru�:
This letter is t confirm that I presently have a Cdntract interest in Lots E
through I Block 105, City and Townsite of Aspen, subject of the attached Lot
Split Appficatio ,
Along with Elaino Kraut, I will be appearing on behalf of this application.
Sincerely
M el Luzich
. EXHIBIT "2" (page 22)
Elaine Kraut
1505 Golden Lake Road
Oconomowoc, WI 53066-9404
November 6, 1989
Ms. Amy Margerum, Director
Aspen/Pitkin County planning Office
130 South Galena Street
Ashen, Colorado 81611
Re: Application for Lot Split
Dear Ito. Margerum:
This letter is to confirm that I am the record owner
of Lots E through I, Block 105, City and Townsite of
Aspen, subject of the attached Lot Split Application.
Along; with Michael Luzich, I will be appearing on
behalf of this Application.
Sincerely,
r � �
Elaine Kraut
EK;ljs
11/07/89 15=46 2: 303 925 6527 P11K114 HIV i17LL e
4RKIN COUNTY TITLE, Inc. Ex• B I T " 3 "
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611
President (303) 925.1766 • (303) 925-6527 FAX
CERTIFICATE OF OWNERSHIP
Christina M. Davis
Vice President
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT FOR
THE STATE OF COLORADO HEREBY CERTIFIES THAT : ELAINE KRAUT
IS THE OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED REAL PROPERTY
SITUATED IN PITKIN COUNTY, COLORADO TO -WIT;
LOTS E, F, G, H AND I, BLOCK 105, CITY AND TOWNSITE OF ASPEN
DEEDS OF TRUST, MORTGAGES, ENCUMBRANCES APPARENTLY NOT RELEASED:
NON8
LIEN AND JUDGEMENTS APPARENTLY NOT RELEASED:
NONE
ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT
TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A
GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY
TITLE, INC., NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL
OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
CERTIFIED T0: NOVEMBER 1, 1989 AT 8:00 A.M.
PITKI COUNT T LE, INC.
[III At
BY:
AU HOR IGNATURE
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NAME: CAROL L.
HUGGBTT & KATHLEEN JORGENSON
NAME: AJAR LTD.
PIN.
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C/0:
ADDRESS: 17524 POMA ST
CITY: NORTHRIDGE STATE: CA ZIP: 91325
NAME: ODES PARTNERS
C/0: COATES, REID & WALDRON
ADDRBSS: 720 B. HYMAN
CITY: ASPEN STATE: ZIP: 81611
NAME: CHRISTIN L. TRBUER
C/O:
ADDRBSS: P.O. BOX 8575
CITY: ASPEN STATE: CO ZIP: B1612
NAME: CITY MARKET, INC.
C/0:
ADDRBSS: P.O. BOX 729
CITY: GRAND JCT OSTATB: CO ZIP: 81502
NAME: COLIN CHAPMAN, TRUSTEE
C/O: LARRY HIZERMAN, TR. OFFICER
ADDRBSS: 250 SOUTH ORIGINAL ST., APT. B
CITY: ASPEN STAIR: CO ZIP: 81611
Q
ADDRESS: 1501 NORTH PIBRCB, SUITE 112
CITY: LITTLE ROCK STATE: AK ZIP: 72207
NAME: AJAX LAND & CATTLE
C/O:
ADDRESS: P.O. BOX 4696
CITY: ASPEN STATE: CO ZIP: 81612
NAME: ALAN & KAREN BERKOWITZ
C/0:
ADDRESS: P.O. BOX 35
CITY:BROOKLANDVILLSTATE: MD ZIP: 21022
NAME: ANDREW R & BERNADETTA B. PFBIFFBNBBRGBR
C/O:
ADDRESS: 760 30. STEELE ST.
^� CITY: DENVBR STATE: CO ZIP: 80209
NAME: ANGUS ANDERSON
C/0:
ADDRBSS: P.O. BOX 557
w-= CITY: ASPEN STATE: CO ZIP: 81612
NAME: DASHA BBLKOVA
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NAME: ASPEN SKIING CORPORATION
C/O:
C/0:
ADDRBSS: 650 N. RIO VISTA BLVD.
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ADDRBSS: P.O.
BOX 1248
< CITY:PT.LAUDBRDALBSTATB: FL ZIP: 33301.;:
CITY: ASPEN
STATE: CO ZIP: 81612
NAME: DON B. & MARIAN V. WILLOUGHBY�
NAME: B.C.P.C.
CORPORATION
C/O:
CEO:
ADDRESS: 12322 RIP VAN WINKLE
ADDRBSS: P.O.
BOX 7846
CITY: HOUSTON STATE: TX ZIP: 77024
CITY: ASPEN
STATE: CO ZIP: 81612
NAME: DONALD J. & MARIAN G. ERICKSON
+;
NAME: BELL MOUNTAIN LODGE
C/O;
C/0:
ADDRBSS: 1102 PLUMMER CIRCLE
ADDRBSS: P.O.
BOX 328
CITY: ROCHESTER STATE: MN ZIP: 55902
( +
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CITY: ASPEN
STATE: CO np" 81612
NAME: E. SAWYER SMITH, JR.
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NAME: BERNARD
P. & BEVERLY J. POPISH
C/0;
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ADDRESS: 685 B. COOPER
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ADDRESS: 826
B. HYMAN
CITY: ASPEN STATE: CO ZIP: 81611
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CITY: ASPEN
STATE: CO ZIP: 81611
NAME: EDWARD MURRAY SULLIVAN, JR. l
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NAME: CANDICE
L. LAVIGNE
C/0:
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C/O:
ADDRBSS: P.O. BOX 1324
ADDRBSS: P.O.
BOX 7695
CITY: ASPEN STATE: CO ZIP: 81612
CITY: ASPEN
STATE: CO ZIP: 81612
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NAME: JACK P. & LULU BELLS MADDOX
HAMS: KIRBY A. & MBLINDA Z.
HAMILTON
C/o:
c/o:
ADDRESS: 800 SECOND STREET
ADDRESS: 68 GREAT MEADOWS ROAD
CITY: PALACI05 STATE: TX ZIP:
71465
CITY: CONCORD STATE: ME
ZIP: 07142
F'
NAME: JACK S. & GSSINB CRANDALL
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NAME: MADELINH LISB
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c/o:
C/O:
ADDRESS: P.O. BOX 1066
ADDRESS: P.O. BOX 4062
CITY: ASPEN STATE: Co ZIP:
81612
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CITY: ASPEN STATE: CO
ZIP: 81612
NAME: JAMBS FERRY, JR.
NAME: MATTHEW B. & GBORGE S.
KELLNER
C/O:
C/o:
ADDRESS: P.O. BOX 166
ADDRESS: 570 DOVER DRIVE
CITY: GLENCOE STATE: IL ZIP:
60022
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CITY: WALNUT CRBEKSTATE: CA
ZIP: 94598
NAME: JAMBS L. & JULIA P. PRICE
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NAME: MATTHEW J. & MARY MYBRS
C/O:
C/o:
ADDRESS: 32670 WOODSDALE LANE
ADDRESS: P.O. BOX 942
CITY: SOLON STATE: OR ZIP:
44139
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CITY: TRAVERSE CTYSTATE: HI
ZIP: 49685
NAME: JOHN & BONNIE HENDRICKS
La=
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NAME: MATTHEW OBLOCK
C/O:
E
C/O: BASS CAHN PROPERTIES
ADDRESS: 254 N. LAUREL AVE.
ADDRESS: P.O. BOX 5078
CITY: DES PLAINBS STATE: IL ZIP:
60016�
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CITY: ASPEN STATE: CO
ZIP: 81612
(` HAMS: JOHN E. CORREIA
C/O:
ADDRESS: 6730 B. NORTHWEST HIGHWAY
CITY: DALLAS SATE: TX ZIP: 75231
. NAME: JOHN H. PETTIT & RICHARD N. KIMMEL
C/O: PETTIT & GRIFFIN, INC.
ADDRESS: 110 N. WASHINGTON ST., SUITE 200
CITY: ROCKVILLE STATE: MD ZIP: 20850
NAME: JOHN R. VAVRAK
C/0:
ADDRESS: 819 R. HYMAN 14
CITY: ASPEN STATE: CO ZIP: 81611
NAME: JOHN S. & GALE V. GATES
C/o:
ADDRESS: P.O. BOX 9907
CITY: ASPEN STATE: CO ZIP: 81612
'3
r. NAME: JOSEPH & ANNA MARIB CARRILLO
C/o:
ADDRESS: 236 HENRY ST. �L
s' CITY:BROOKLYN HGTTSTATE: NY ZIP: 11201
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C NAME: MELDOR PARTNERSHIP
C/O:
ADDRESS: 333 E. DURANT AVE.
CITY: ASPEN STATE: ZIP: 81611
NAME: MICHAEL A. & GAIL H. CRAIG
C/O:
ADDRESS: 6519 SEASIDE WALK
CITY: LONG BEACH SATE: CA ZIP: 90052
NAME: MICHAEL C. CRAVITZ
C/o:
ADDRESS: 6406 figHTFIRLD DR.
CITY: DALLAS STATE: TX ZIP: 15248
NAME: MICHAEL V. & GLORIA A. GOLDMAN
c/o:
ADDRESS: 1603 WEST INA ROAD
610CITY: TUCSON STATE: AZ ZIP: 85704
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NAME: MICHABLA GAME
No:
ADDRESS: P.O, BOX 3835
fn� }CITY: ASPEN STATE: CO ZIP: 81612
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NAME: GENE B. GREGG, ROBERT S. ACHESON TRUSTEES ;r NAME: ELSIE J. SNYDER
C/0: i "' C/O:
ADDRESS: P.O. BOX 70136 ADDRESS: 801 E. HYMAN
CITY: SEATTLE STATE: WA ZIP: 98101 �w CITY: ASPEN STATE: CO ZIP: 81611
NAME: GBRALD A. KRANS
C/0:
ADDRESS: 819 B. HYMAN
CITY: ASPEN STATE: CO ZIP: 81611
NAME: GREGORY S. BOBLENS & MARY B. UPTON
C/O:
ADDRESS: P.O. BOX 2360
CITY: ASPEN STATE: CO ZIP: 81612
NAME: GREGORY SHERWIN
C/0:
ADDRESS: 1020 B. HOPKINS ST. 01
CITY: ASPEN STATE: CO ZIP: 81611
NAME: HANNAH DUSTIN BLDG. ASSOC.
C/O:
ADDRESS: P.O. BOX 2238
CITY: ASPEN STATE: CO ZIP: 81612
NAME: HAROLD & EDITH HORIUCHI
ch:
ADDRESS: 6205 W. JEFFERSON AVE.
CITY: DENVER STATE: CO ZIP: 80235
NAME: HERBERT S. & HARRIET S. DAVIS
C/O:
ADDRESS: 210 WEST RAILROAD AVE.
CITY: FORKED RIVERSTATB: NJ ZIP: 08731
NAME: HERRON-GRAY PARTNERSHIP
C/O:
ADDRESS: P.O. BOX GG
CITY: ASPEN STATE: CO ZIP: 81612
NAME: J.R. & BETTY MCCARTHY
C/O:
ADDRESS: 601 B. BLEBKER
CITY: ASPEN STATE: CO ZIP: 81611
NAME: FLORENCE W. HBLLINGBR
~ C/O:
ADDRESS: 1849 WYCLIFF DR.
CITY: ORLANDO STATE: FL ZIP: 32803
i
i NAME: FRANCES HERRON
C/0:
ADDRESS: 55 NELSON AVE.
CITY: MILL VALLEY STATE: CA ZIP: 94941
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} NAME: FRANCIS P. HOFFMAN
C/O:
ADDRESS: 210 INVERNESS LANE
"? CITT: SCHEREVILLE STATE: IN ZIP: 46375
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NAME: FRANK D. ROSS
C/0:
i ADDRESS: 520 H. DURANT, SUITE 204
CITT: ASPEN STATE: CO ZIP: 81611
NAME: FRANK R. WOODS
C/0:
ADDRBSS: 205 NO, MILL ST., SUITE 301A
CITT: ASPEN STATE: CO ZIP: 81611
NAME: FRANK X. & ANNETTE DALY
C/O: MICHAEL DANIEL PRODUCTIONS
ADDRESS: 1555 N. ASTOR ST.
CITY: CHICAGO STATE: IL ZIP: 60610
"Ai NAME: FRED & BARBARA MARTELL
C/0:
ADDRESS: 3 QUAIL RUN
C' CITY: OLD WESTBURYSTATE: ZIP: 11568
L) NAME: FREDERICK M. KARSTEN & DOUGLAS S. HILL
C/O:
ADDRESS: 5305 WRILBY ROAD
CITY: BETHESDA STATE: MD ZIP: 20816
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NAME: JACK M.
& CHARLOTTE S. WALLS
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NAME: GALEN A. & MARY LOU MARTIN
C/0:
C/O:
ADDRESS: P.O.
BOX 29
ADDRESS: 5001 HOPEWELL ROAD
CITT: ASPEN
STATE: CO ZIP: 81612
CITY: LOUISVILLE STATE: KT ZIP: 40299
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NAME: MORRIS E. & SHANNON N.H. FRANKLIN
C/O: »�
t ADDRESS: 3326 BAST SOUTHCROSS
CITY: SAN ANTONIO STATE: TX ZIP: 78223
(,' 1 NAME: NANCY WEIL
ADDRESS: 1404 23RD AVE. COURT
CITY: GREELEY STATE: CO ZIP: 80631
( NAME: NICKOLAS & BBTTB B. PASQUARELLA <'?
C/O:
+ ADDRESS: 805 B. COOPER
CITY: ASPEN STATE: CO ZIP: 81611
3 % U NAME: PAIGE B. VITOUSEK, DONALD M. & ARDBN B. MOOFr<':;,
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C/O:
ADDRESS: 2931 PACIFIC HEIGHTS ROAD
CITY: HONOLULU STATE: HI ZIP: 96814
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NAME: PASCHEN CONTRACTORS (y,
C/O:
ADDRESS: 2739 N. ELSTON AVE.
CITY: CHICAGO STATE: IL ZIP: 60647
NAME: PATRICIA M. SEIFERT
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ADDRESS: P.O. BOX 2262
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NAME: PENELOPE RIM. SOMPLB r
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VICINITY MAP
KRAUT LOT SPLIT
EA 5 T H Y M A N
(74.60' WIDE)
i STORM GRATEFLOW LINE OF CURB
FOUND REBAR W/ CAP FOUND REBAR W/ CAP
LS 9018 NW RI K 1 nr I c I R 17D UAD7 rnr.rronl on I r.Ir
LS 16129
LEGEND 8 DOTES
(IMFORMATION) IS FROM THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN
FIELD I MFOR.MAT I ON
THIS WAS PREPARED WITH A COMMITMENT FOR TITLE INSURANCE FROM PITKIN COUNTY TITLE, CASE NO. PCT-3709
DATED 07/03/89.
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION
SHOWN HEREON.
PLAT
A / E _
A L L E Y S L 0 C K / 0 5
(20.20' WIDE)
0 5' 10' 15, 20'
SCALE 1 11= 10'
FOUND REBAR W/ CAP
SET REBAR W/
LS 16129
PREPARED BY
ASPEN SURVEY ENGINEER'S INC.
210 S. GALENA ST
P.O. BOX 2506
ASPEN, COLORADO 81612
(303) 925-3816
DATE
8/ 29/ 89
JOB NO.
1 9238
CAII�Ih MTV �I1�M1111�IC�IT
OWNER'S CERTIFICATE
�I,IdOW ALL MEN BY THESE PRESENTS THAT ELAINE KRAUT BEING THE RECORD
OWNER OF LOTS E, F, G, H, & I, BLOCK 105, CITY AND TOWNSITE OF
ASPEN,- COUNTY OF PITKIN. STATE OF COLORADO DOES HEREBY REPLAT AI4D
RESUBDIVIDE SAID REAL PROPERTY INTO LOT I AND LOT 2 I:RAUT LOT
SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
EXECUTED THIS DAY OF'
ELAINE KRAUT
STATE OF COLORADO)
)ss
COUNTY OF PITKIN I
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE: ME THIS
DAY OF , 1989 BY ELAINE KRAUT AS OWNER.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
------ — ---._...._------------
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I, DAVID W. McBRIDE, DO HEREBY CERTIFY THAT I AM A REGISTERED
LAND SURVEYOR. LICENSED UNDER THE LAWS OF THE STATE OF COLORADO
AND THAT 1N AUGUST, 1989 A SURVEY WAS PERFORMED UNDER MY
SUPERVISION AND DIRECTION OF THE HEREIN DESCRIBED REAL PROPERTY
IN ACCORDANCE WITH C'RS 1973, 'TITLE 38, ARTICLE 51, AS AMENDED
FROM TIME TO TIME. AND THAT PLAT ACCURATELY AND SUBSTANTIALLY
DEPICTS SAID SURVEY. ALL EASEMENTS LISTED ON THE TITLE: COMMITMENt
REFERENCED ON THIS PLAT ARE SHOWN AND THE PRECISION OF THE
CONTROL, SURVEY IS GREATER THAN 1:10,000.
DATE 1989
DAVID W. Mc -BRIDE RLS 16129, ASPEN SURVEY ENGINEERS, INC
CITY ENGINEER'S APPROVAL
THIS FINAL PLAT OF THE KRAUT LOT SPLIT WAS APPROVED BY THE CITY
ENGINEER OF THE} CITY OF ASPEN THIS DAY OF 1989
CITY ENGINEER
CITY ATTORNEYS APPROVAL
THIS FINAL PLAT OF' THE KRAUT LOT SPLIT WAS BY THE C'I"IY ATTORNEY
OF THE CITY OF ASPEN THIS DAY OF 1989.
CITY ATTORNEY
CITY COUNCIL APPROVAL
THIS FINAL FLAT OF' THE KRAUT LOT SPLIT WAS APPROVED BY THE CIT"
COUNCIL OF THE CITY OF ASPEN THIS DAY OF ____
AS ORDINANCE NUMBER SIGNED THIS DAY OF
1989. --- — — --- — -- -
---------------
MAYOR: WILLIAM CITY CLERK
CLERK 81 RECORDER'S ACCEPTANCE
THIS FINAL PLAT OF THE KRAUT LOT SPLIT WAS ACCEPTED FOR RECORDING
IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT
O'CLOCK M. THIS DAY OF _ 1989 IN PLAT BOCK
AT PAGE AS RECEPTION NUMBER
CLERK AND RECORDER
TITLE CERTIFICATE
PITKIN COUNTY TITLE. INC., A LICENSED TITLE INSURANCE COMPANY
AUTHORIZED TO DO BUSINESS IN PITKIN COUNTY, COLORADO. HEREBY
CERTIFIES THAT THE PERSON LISTED AS THE OWNER ON THIS PLAT DOES
HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL, PROPERTY FREE
AND CLEAR OF ALL LIENS AND ENCUMBRANCES. AL,THO(IGH WE BELIEVE THE
FACTS STATED HEREIN ARE TRUE, THIS CERTIFICATE IS NOT TO BE
CONSTRUED AS AN ABSTRACT OF TITLE, AND IT IS UNDERSTOOD AND
AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES, NOR WILL
BE CHARGED WITH ANY FINANCIAL LIABILITY WHATSOEVER ON AI4Y
STATEMENT CONTAINED HEREIN.
_ _
VINCE HIGENS
601 E. HYMAN AVE.
ASPEN, CO. 81611'
STATE OF COLORADO)
) ss
COIINTY OF PITKIN )
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIti
_ DAY OF 1989 BY VINCE HIGENS, PRESIDENT OF
PITKIN COUNTY TITLE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC_
LEGAL DESCRIPTION
a
LOTS E. F, G, H, AND I. BLOCK 105. CITY AND TOWNSITE OF ASPEN.
PITKIN COUNTY. COLORADO.
ZONING 1101'= OFFICE