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HomeMy WebLinkAboutcoa.lu.ex.Kraut LotsE-I,Blk105.Kraut Lot Split 105A-89 2737-182-27-002 Qt-r,e,(i9� Orca - /0 0990) J�' 1 E 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: ---------------------------------------------------------------- ------------------------------------------------------------- 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 ---------------------------------------------------------------- ---------------------------------------------------------------- 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 6 DEC�Mf3C=R «�� 136 S. GAUWA S'r.) AsTr-J Tao e. � �"�` A`�..�r` h no-,� 6-14*3-�^--.v,.n.u. zt," ,an.lX-tti �a mow'- CO'X jStV Xe.�a ems. �„ µ� r+o�^� ) en- a e-,t �-"4 ! � IIA�/',�- M. eDanaD . S00-,vgN 1 S � � � (Sok 1324 ASPEP (901 E. koPhAPS qJE, 4I> 0 0 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 er •� ' aoxw � RoNwzE xcwenzcxs �� ��| nzomcL A. m oozL M. cnozu ' 254 N. L*oncL AVE.6519 scwszoc wxLn ~ ` ucs p�«zwcs z� �ooz� !�� ! �� ' mwu ocouH o* vonuz - emEz anxw E. no o - @� �� nzCxAcL C. onAvzTZ ' 6730 E. wnxTHwEs7 HIGHWAY ' | | 6*06 BmENTrIcLu u«' . uo��os 7x 7o2a� ' !8� ' Q� o«LL«s 7x /5248 Juxw H. PcTrzT u nzc*onu � ' N. xzMmc� ' ��\ nzoxncL V. u o�onzo A. ooLoUAw ' ' pcTTzr a onzrrzw, INC. oo N. wos*zwomsT', —'' ----- SUITE zon --— 1603 wcsr zwo xo^u > ROCKVILLE MO2085O ICN ) ��| ! TUcsoH AZ u57o 4 �JumN R. voVnoK / ��| MzoHA[La GAME 819 E. *Ynow o4 P.D. onx nuax . �spcw co u��z� | '�� �� osvcw co o���n `^ o�»zz -- ouxw S. u ou�c V. norcs nnnnzs E. u sxowwow w x ' ' ' pnAwxLzw ' ' ' �� P.O. BOX 9907 3326 EAST 000THcnoss ASPEN co 81612 | | sAw ANToNI0 TX 78223 aoa[PH $ ANwx Uonzc Connzuo / NAwc, wEzL 236 HENRY sT' � mo* 23no AVE. Coonl oRoUKLYN HGTT NY 11201 u� 0 � / r� oncE�[Y Co 8063/ mn 68 GREAT MEADOWS ROAD 805 E. COOPER 81611 CONCORD ME 07142 ASPEN CO S ROAD P.O. BOX 4062 2931 PACIFIC HEIGHT HI 9681.4 ASPEN co 81612 HONOLULU WALNUT CREEK CA 94598 IL 60647 TRAVERSE CTY MI 49685 ASPEN co 81612 BASS CAHN PROPERTIES P.O. BOX 5078 3035 CALLA DRIVE MELDOR PARTNERSHIP NV 89104 ASPEN 81611 0 EXHIBIT "A" tv cLszs J. sw,ocn smcnonv S. ousLsws u nox, E UPTON oo� E. *�mN | P.O.00x 2360 ' ospsw CO u�a�1 ' �� � o�pcw co o���� ` ,) rLonsNnE W. HcLLzwssn � uncsonY ��w� 1849 wvuLzpF on' | zoeo E. xopxzws s/' *1 onLowno FL oz000 . � o�psw co 81611 {) rnowocs xcnnow xowwox oosTzw BLDG. ASSOC. 55 NELSON AVE' P.O. BOX 2238 HILL voLLcv Co y*Y41 - cw co 81612 pnAwczs P. *oprm«w � ! � xonoLo u cozTx xouzocxz cm zwvsnwEss Lxws ' | 6205 W. ocFrsnsow AVE. scxcncvzuc zw *au7s �� uswvcn co uozau rnowK D. Rnss .HcxucnT S. a xAmnIcr S. DAVIS sco E. DURANT, SUITE 204 i no wcsT nozmoao AVE. «spcN CO 81611 FORKED RIVER NJ 08731 FRANK R. WOODS xERnm+GRAY PARTNERSHIP 205 NO. MILL sT', sozTc 301« / P.O. oox os ASPEN co o1�ll i�� ASPEN co 81612 4� FRANK X. a ANNETTs 0ALY | J.R.� BETTY UCuoRTxY .~ nzoxAcL DoNzEL PRODUCTIONS 1555 N. Aslon sr. ' 601 E. nLE[xcn cHIc^no z� �»�m |�� / �� Aspcw co 8/611 rnco u uono�n« nonTc u / cxon�oTTc S. wo��s a«cx m' � ' n QUAIL noH ' P.O. aox zv � o0 wcyTounv 1���o �� o�pcN COol��a rnsocnICu M. KoRslEN 0ousLoa S. - xILL ` xAox P. u LULU ocLuc nauonx 5305 WnzLcY noou � | � 000 scouwo srnscr ` a[Txcsoo mo eou�� �� po�ocIos TX 7rms 6M ` oALcN A. & MARy LOU nonTzw Jocx S. u ucyIN[ cRoNoALL 5001 xopswcLL nnon \ P.O. uox 1066 � ) muzsvzuc xr uozvv ' |�� � «s psw Cou1612 � . GENE E. GREGG,Roocnr S. ^cxEsnN. TnUS7. —8�� � oAnc� FERRY, zn' - P.O. BOX 70136 ' P.O. oox 166 ^ SEATTLE w« 98107 !�� | GL[Noos IL 60022 } ocn*Lo A. Kxaws . J«mcy L. u aVLzo P. Pnzcc ory E. xYmAw � / 32670 w000yooLc L^ws } ospcN ` Co o���� ��� � � ` nomw ox *4ov , t 5 f �• f� :' �{t� k 1j A� ,t RAYMOND W. & JESSIE J. BATES 819 E. HOPKINS AVE. ASPEN CO 81611 RED RIVER VALLEY INVESTMENTS 408 ST. PETER ST., SUITE 440 ST. PAUL MN 55102 REID CARRON 5405 OAKLAWN AVE. EDINA MN 55424 RICHARD H. & SUSAN N. GRICE 5704 PENNY CREEK DR. AUSTIN TX 78759 ROBERT G. BLITZ & JOHN 0. ANTONELLI 2907 BAY BLVD. HUNTINGTON MD 20630 ROBERT L. KOPP & MARTIN J. CERISE P.O. BOX 100 ASPEN CO 81612 ROBIN M. MOLNY 1020 E. HYMAN AVE. ASPEN CO 81611 RONALD J. & DANA L. COHEN 6500 ROCK SPRING DR. BETHESDA MD 20817 RUDI BRITVAR FAMILY TRUST P.O. BOX 1791 ASPEN CO 81612 SIMON P. & NORA D. KELLY P.O. BOX 1583 ASPEN CO 81612 SPRING ST. PO GULFCO, LTD. 616 E. HYMAN ASPEN CO 81611 SPRING STREET TOWNHOUSES, LTD. 205 NO. MILL ST, SUITE 301A ASPEN 81611 i 4• S SAI�t L'i Y.. BERNARD P. & BEVERLY J. POPISH 826 E. HYMAN ASPEN CO 81611 oD �^, c CANDICE L. LAVIGNE P.O. BOX 7695 ASPEN CO 81612 Q I CAROL L. HUGGETT & KATHLEEN JORGENSON J 17524 POMA ST ^ NORTHRIDGE CA 91325 '• CDES PARTNERS 4 COATES, REID & WALDRON I 720 E. HYMAN j ASPEN 81611 } it CHRISTIN L. TREUER P.O. BOX 8575 4 ASPEN CO 81612 I CITY MARKET, INC. P.O. BOX 729 no GRAND JCT 0 CO 81502COLI t, CHAPMAN, TRUSTEE , LARRYNHIZERMAN, TR. OFFICER 250 SOUTH ORIGINAL ST., APT. B ASPEN CO I DASHA BELKOVA � 650 N. RIO VISTA BLVD. i I (2).FT.LAUDERDALE FL 33301 DON B. & MARIAN V. WILLOUGHBY 12322 RIP VAN WINKLE vF1 HOUSTON TX 77024 y. k DONALD J. & MAR IAN G. ERICKSON 1102 PLUMMER CIRCLE ` ROCHESTER MN 55902 E. SAWYER SMITH, JR. 685 E. COOPER {✓ ASPEN CO 81611 EDWARD MURRAY SULLIVAN, JR. P.O. BOX 1324 r tt�i2 ASPEN CO 81612 {�l TIT", 7' i;'j' i 1�.N le •�t• tt r .t� �k r tl�C�i% �<�•+� �t >,� rt�i "i.'•.,.� � tir4Q ,�.� ti 1 ` � ;, ;{ ... i� AJAE LTD. PTN. 1t01 NORTH PIERCE, SUITE 112 �. LITTLE ROCK AK 72207 ' AJAX LAND & CATTLE jl P.O. BOX 4696 F' ASPEN CO 81612 ALAN & KAREN BERKOWITZ �� P.O. BOX 35 BROOKLANDVILL MD 21022 1; ANDREW R & BERNADETTA B. PFEIFFENBERGER 760 SO. STEELE ST. DENVER CO 80209 ANGUS ANDERSON P.O. BOX 557 ASPEN CO 81612 ASPEN SKIING CORPORATION if I P.O. BOX 1248 ASPEN CO 81612 B.C.P.C. CORPORATION P.O. BOX 7846 ASPEN CO 81612 BELL MOUNTAIN LODGE P.O. BOX 328 ASPEN CO 81612 1 fd � �r �f`E •� �lr a� e� t �' ir ' ! #" 7✓ { ' t it S , yY( {�;. }� IT ;i11 ,; 0. ♦ -Y'! 1 Z k i.3 L�C, T+ �Y ti 7 YID i' ix ` ' •t Y. i Y'ii.' a h ( ki (.,, ti it n 1, yY , he'�r, t Y R i I ��,� � l`+�3``h�l "• , Y,F�1 �t �J;c�t1 fp •:I tY��' .� fi r�. tY r+ ,Y�'f i 1� 4 51G�G _,� !} Y�•tl� 'R i'i j`{'{<� �.a v l•j i L F, t+ f+ i +� t♦�i nt'f f �::. -' v:. + a 1..1,E :^ 4 K { xt '.{'� 7 { �'• '' �ly�,. ., 0. + y ..trig ' Yd`• I�t;;'�`++�, �� + t�{,�ItiV:ho fin'G Y �,. r✓ I'S ,5q, gg ��. ? i f•A'y1 0. rt .(? Jl i7 ��'A(��fi � t i ,�� �'! fir.. ` }t. �` �l t: !•lr i(• . r`. t 1 r 1Yyr r y1�Iha %1 . ._. ...C� ,w.. ,.9afa .•.clVd• IY.�:. _fE'S�.fied lfl ...,� STANLEY L. SELIGMAN P.O. BOX 72 GRAND JCT CO 81502 ;• THEODORE E. & KATHERINE S. OKIE 730 N. ELECTRIC AVE.' Q ALHAMBRA 91801 Q THOMAS & AMY KWEI 30 LAKE ONIAD DRIVE WAPPINGERS NY 12590 Q W.C. HEARS 'r ti. 1914 PENINSULAR ROAD 0 AKRON OH 44313 WALHART REALTY 899 SKOKIE BLVD. NORTHBROOK IL 60062 ,1 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 Ii ' 0 • 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 I I x 7919.2 I III FI I � I I o x7918.9 �- , x 7926.9 �5' eYNIIN Avl�• x7923.1 r- I I I .,W0 G7" OM I rtS�Nt INN 924.5 I o � o � a � I I ` 7926.5 - - - 7 x7927.71 x 7929.2 F-" 11YL.7931.0x Yrc1817"Y t"fAP o z$ 50 /ate /so I I "r �EXHIBITi I Ir I >.i !1 � y, yt rG�'+'_�:i♦ .f f {7tf,�1, � (, n EXHIBIT . NAME: CAROL L. HUGGBTT & KATHLEEN JORGENSON NAME: AJAR LTD. PIN. :�.. 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 f! F.� NAME: ASPEN SKIING CORPORATION C/O: C/0: ADDRBSS: 650 N. RIO VISTA BLVD. i 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 ( + i 1 CITY: ASPEN STATE: CO np" 81612 NAME: E. SAWYER SMITH, JR. � I � NAME: BERNARD P. & BEVERLY J. POPISH C/0; I C/o - ADDRESS: 685 B. COOPER I ADDRESS: 826 B. HYMAN CITY: ASPEN STATE: CO ZIP: 81611 i T; CITY: ASPEN STATE: CO ZIP: 81611 NAME: EDWARD MURRAY SULLIVAN, JR. l ��. NAME: CANDICE L. LAVIGNE C/0: w C/O: ADDRBSS: P.O. BOX 1324 ADDRBSS: P.O. BOX 7695 CITY: ASPEN STATE: CO ZIP: 81612 CITY: ASPEN STATE: CO ZIP: 81612 .., >.• �'•1 "�(?' �. lS 1 f,/; ''y.,f `�'f's11�. �, g{1�'11��1jtt•• �a t � lA`t�l'f 1t'-. f t r .f� ; I •�: jn �k, ��,� `pl g.)hGr:�:i . ._:s`+', . a ( ` 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 ;+ j'... � NAME: MADELINH LISB 4. c/o: C/O: ADDRESS: P.O. BOX 1066 ADDRESS: P.O. BOX 4062 CITY: ASPEN STATE: Co ZIP: 81612 :"`i 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 t CITY: WALNUT CRBEKSTATE: CA ZIP: 94598 NAME: JAMBS L. & JULIA P. PRICE " '"} NAME: MATTHEW J. & MARY MYBRS C/O: C/o: ADDRESS: 32670 WOODSDALE LANE ADDRESS: P.O. BOX 942 CITY: SOLON STATE: OR ZIP: 44139 i;:s ! CITY: TRAVERSE CTYSTATE: HI ZIP: 49685 NAME: JOHN & BONNIE HENDRICKS La= :-:�, 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� 1 •J 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 .�:-. N-t7,'Srjf r•- , �••,�. ,� r "l i ,.Irr.� � ,'i ..Jt'f l4:�!• A..'h �s...S�l�`'',. r..�� .r 'i'hr'I�•.`i�a ��.. .. x�.�.l 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 1 NAME: MICHABLA GAME No: ADDRESS: P.O, BOX 3835 fn� }CITY: ASPEN STATE: CO ZIP: 81612 r ^ r � t '�. � : 4 � to f�i � YT.'�ri,r {"fs� r t a+y l'{� th �rt 1 •'. f r ''' , ; � � �. 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 i ® I 0 } NAME: FRANCIS P. HOFFMAN C/O: ADDRESS: 210 INVERNESS LANE "? CITT: SCHEREVILLE STATE: IN ZIP: 46375 i 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 =r, NAME: JACK M. & CHARLOTTE S. WALLS ,`r; 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 ' r r q .. c 7 C4 :Lr.:. .. .. .. • . � ,R -a n 7;', t .�Z;•.,.ti;.�l.' .wr= L' :.l1 K.t. Pj $S lii, d:.P dl: ,.•L'. r'�.....f._r••1R'ii"P.: 1�T'"y':n'a'" Ptt::ih �. t.,,r r , ,, ,^• v�yZr, ;�'�•�'' r• y�? ��� .,, �'I";, .t.'S;� '3^ t i r :, ' �:. .J�i:: ., .L7 r?IN f.:p:•��.•�:?G}'[�rd'3411 f� P i"... :lLt.. I%�` •'.r r:r ,. t �. . ! :r' o,m + 1 '���• "li'.P+ I. I ��� •I 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<':;, I C/O: ADDRESS: 2931 PACIFIC HEIGHTS ROAD CITY: HONOLULU STATE: HI ZIP: 96814 r I : 7y j}•, i ` ,IY NAME: PASCHEN CONTRACTORS (y, C/O: ADDRESS: 2739 N. ELSTON AVE. CITY: CHICAGO STATE: IL ZIP: 60647 NAME: PATRICIA M. SEIFERT , t r � a�1 ADDRESS: P.O. BOX 2262 t t?, �7t - ►?' CITY: ASPEN STATE: CO ZIP: 81612 416 � : �[ �`!' i+ A''t � Gj 'fr' �I. ll r•� `/f111\•t}. ;fie. NAME: PENELOPE RIM. SOMPLB r :. .C7. e. C/O: 'J�' esfk'F:Stf; "1'I ADDRESS: 3035 CALLA DRIVE 14 Yl o 1 1 1 is �i M t y✓ 'fy y� t t1'.ry Y J q'N" � : }v �f r rr ^ '�f�r "ra� ``' '•' n We 4`?.. +~► `�_ '.y 1._s�at' '_` '�... _• p I >��)II: n 20i7 "rh' rtll I � r u-gtei L a i Wl-,, : 'r„+n+'�'� I r6�1 i I . • "".O r I ,' I• •����y. - .,?, •�.. .,I: ...I� °'L 1. � i� 1 ! �i-.� �1',.�� ILA, . �� I-„ 1'T+,1 i i (I I:) i 1 1 1l i „yj, i ,- I! i � I i � ri�i'� j.l I (• I?.! I I I i tAI431 I I i t I -� (I ! 1�111(I I I IU t ✓. r' I� �J' S I �.: il:.w Il Iri� �I, i , I iill!Il `1`II��III f f(.III-! III�r i i.V�itjl� 1 I III�J j 't i1r'1!i`} III/ ,I ,I i�} I 'III II' � 1 11.1 .,.i� !!•� IIU _ .,LIj�i l i � � r .-...- I r.l I I I I n � ,III � I i 1 1 Yr( . � I)• I I I I i1 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