HomeMy WebLinkAboutcoa.lu.ec.Spalding/Leeper Subdivision.40A-85gS410 19 Spalding/Leeper --
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ASP
ANNING OFFICE
13
uth Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 - 63721
- 47331
52100
GMP/CONCEPTUAL
63722
47332
52100
GMP/PRELIMINARY
63723
47333
52100
GMP/FINAL
63724
47341
52100
SUB/CONCEPTUAL
63725
47342
52100
SUB/PRELIMINARY
63726
47343
52100
SUB/FINAL
63727
47350
52100
EXCEPT/EXEMPTION
63728
47350
52100
REZONING
63729
47360
52100
SPECIAL REVIEW
SUB -TOTAL
County
00113 - 63711
47331
- 52200
GMP/GENERAL
63712
47332
52200
GMP/DETAILED
63713
47333
52200
GMP/FINAL
63714
47341
52200
SUB/GENERAL
63715
47342
52200
SUB/DETAILED
63716
47343
52200
SUB/FINAL
63717
47350
52200
SPECIAL REVIEW
63718
47350
52200
REZONING
63719
47360
52200
SPECIAL APPROVAL
PLANNING OFFICE SALES
00113 - 63061 09000 52200
63063 09000 52200
63062 09000 00000
63066 09000 00000
63069 09000
SUB -TOTAL
COUNTY CODE
ALMANAC
GMP
COPY FEES
OTHER
SUB -TOTAL
TOTAL
Name: Phone:
Address: Project:
Check No. Date:
Additional Billing: _ No. of Hours:
DATE RECE IV ED • d ? Iq
.)ATE RECEIVED COMP ETE:
'C k&k *A.
CASELOAD SUMMARY SHEET -
City of Aspen
CASE N0. '
§TAFF :
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.tt�ll S ; oo..�ty.,, E"t .
PR0.7 ECT NAM£ • k �^ j ' "
APPLICANT: �IllWr ,,
Applicant Address/Phone .(
REPRES EN TAT IVE•• RepresentativeAddress/Phone:
Type of Application:
0
I. GMP/SUBDIV IS ION/PUD (4 step)
Conceptual Submission ($2,730.00)
Preliminary Plat ($1,640.00)
Final Plat ($• 820.00)
II . SUPDIV IS ION/PUD (4 step)
Conceptual Submission ($1,900.00)
Preliminary Plat ($1,220.00)
Final Plat ($ 820.00)
III. EXCEPT ON ING (2 step) ($1, 490 .00 )
. P
IV . SPECIAL REVIEW (1 step) ( 6 80
Special Review
Use Determination
Conditional Use
Other
P&Z CC MEETING DATE: N\cJ -1-< PUBLIC HEARING: YES NO
DATE REFERRED: INITIALS:
--------------------------------
RE FFERRALS :
City Atty Aspen Consol. S.D. School District
City Engineer Mtn. Bell Rocky Mtn. Nat. Gas
Housing Dir. Parks Dept. State Hwy Dept (Glenwd)
Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn)
City Electric Fire Marshall Bldg: Zoning/Inspectn
Envir. Hlth. Fire Chief Other:
- ----_--------------------
FINAL ROUTING: DATE ROUTEDINITIAL: y
City Atty City Engi neer Building Dept.
Other:
Other:
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FILE STATUS AND LOCATION:
Reviewed by: Aspen PLZ City Council SF,9Iajn�-Lee
Oil t h-, ,C m0 Z % {�� � � � � � C'•i.k.� ( �L � AA K�7✓v17�i+Q � �C !' Q�`v� �.�0
.a��wuivi �1 z.a-t;,�''q H, it%�+ Pti�13''t�k �1 clt�r'�'�r�w;r�.,�^�-�� �1 13 � D 8 �J^�t:,�rw►vr�., � arc,G,,L�
1. All units shall be restricted to six (6) month minimum leases
with no more than two (2) shorter tenancies per year.
2. The condominiumization plat shall conform to the requirements of
Section 20-15 of the Mpnicipal Code, including the specific
comments made by the Engineering Department.
3. A Statement of Subdivision Exception shall be filer as approved
by the City Attorney prior to recorcatior of plat.
4. Documentation in a form acceptable to the City Attorney's Office
clarifying the reciprocal casements on Lots 1 and 2 due to the
garage encroachment shall be placed of record.
5. The owners shall agree to join: any special improvement district
forred in the future anc shall state such cornn,itment in the
Statement of Eubdivisien Exception.
ry t.sper. PLZ City Council
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MEMORANDU M
TO: Aspen City Council
THRU : Hal Schilling, City Manag
FROM: Steve Burstein, Planning 0 ice
RE: Spalding-Leeper Subdivision Exception
DATE: November 18, 1985
SUMMARY: The Planning Office recommends approval of this request for
condominiumization of a duplex subject to the five conditions listed
below.
LOCATION: 1360 Snowbunny Lane, Lot 2, Block 2, Snowbunny Subdivision
ZONING: R-15
APPLICANT'S REQUEST: The applicants are requesting approval to
condominiumize their recently built duplex, creating separate units of
approximately 1950 s.f. and 2350 s.f. each.
APPLICABLE SECTIONS OF
duplex is a subdivision
must substantially comply
Sections 20-17 and 20-15.
stated in Section 20-22.
case, requiring that all
leases with no more than
PROBLEM DISCUSSION:
THE MUNICIPAL CODE: Condominiumization of a
exception pursuant to Section 20-19 (c ) and
with the design and platting requirements of
The requirements of condominiumization are
Subsection (b) is the most pertinent to this
units be restricted to six (6) month minimum
two (2) shorter tenancies per year.
A. REFERRAL COMMENTS: In a memorandum and attached checklist dated
November 18, 1985, the Engineering Department noted a number of
items that must be placed onthe condominiumization plat. In
particular, easements and encroachments mentioned in the applica-
tion must be shown on the plat.
B. PLANNING OFFICE COMMENTS: The proposed condominiumization
appears to meet the requirements of Section 20-22. The applicants
have agreed to the six month minimum lease restriction. As the
units have not been occupied yet, there is no rental history or
other evidence that shows any effect of their proposal on the
supply of low and moderate income housing. Therefore, it is not
appropriate to deed -restrict either unit to terms of the employee
housing guidelines. Finally, prior to the issuance of a certifi-
cate of occupancy, that should be received shortly, the building
will meet all building code requirements.
One unusual aspect of the property is that a portion of the
structure (the garage) in Lot 1 encroaches into the western
portion of Lot 2. In a letter dated August 17, 1983, from Alice
Davis of the Planning Office, a solution to this problem was
proposed whereby easements would be granted on Lots 1 and 2 to
compensate for the structural displacement on Lot 2. Development
rights would not be affected as the land covered by the easements
are counted in lot size calculation. An agreement called the
"Permanent Encroachment and Reciprocal Easement" was signed by
the owners of Lot 1, William R. and Ruth Little on June 6, 1985
and appears to establish the easements as recommended. There
should be documentation in a form acceptable to the City Attor-
ney's Office clarifying the reciprocal easement grants.
The easements on both Lots 1 and 2 should also be shown on the
plat . In addition, a 5 foot wide setback from the encroaching
garage on Lot 2 should be indicated on the plat. This is the
required sideyard setback in the R-15 zone district.
ADVISORY COMMITTEE VOTE: This has been processed as an expedited
review by City Council only. Therefore, there is no recommendation
from the Planning Commission.
RECOMMENDED MOTION: The Planning Office recommends that Council
approve this condominiumization subject to the conditions stated below
in the proposed motion:
"Move to approved the Spalding-Leeper Subdivision Exception for the
purpose of condominiumization of 1360 Snowbunny Lane, Lot 2, Block 2,
Snowbunny Subdivision, subject to the following conditions:
1. All units shall be restricted to six (6) month minimum leases
with no more than two (2) shorter tenancies per year.
2. The condominiumization plat shall conform to the requirements of
Section 20-15 of the Municipal Code, including the specific
comments made by the Engineering Department.
3. A Statement of Subdivision Exception shall be filed as approved
by the City Attorney prior to recordation of plat.
4. Documentation in a form acceptable to the City Attorney's Office
clarifying the reciprocal easements on Lots 1 and 2 due to the
garage encroachment shall be placed of record.
5. The owners shall agree to join any special improvement district
formed in the future and shall state such commitment in the
Statement of Subdivision Exception.
SB.45
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October 17, 1985
Planning Department
Atten: Steve Burstein
City of Aspen
Aspen, Colorado 81611
Dear Steve:
We propose that the city grant us a review of subdivision exemption
for the purpose of condominiumization of our duplex currently being
built on Lot 2, Block 2, Snowbunny Lane in the City of Aspen.
Our bank has advised us that we must condominiumize to satisfy their
requirements for us to obtain permanent financing. We now own the
duplex together. The Spaldings will occupy the east side of the
duplex, and the Leepers will lease out the west side.
We understand that our duplex would be subject to a minimum six-
month tenancy plus two shorter tenancies, as a requirement of condo-
miniumization. We further understand that our property must be inspected
by the city's building inspector.
We request that the city schedule us to appear at any hearings or meetings
as soon as possible as our duplex is nearing completion this November.
A sketch of the property is enclosed for your review.
Sincerely,
Anna Spalding, Owner
Michael Spalding, 'Owner
720 E. Hyman
Aspen, CO 81611
925-1400
Alice Le per, Owngr
L rry Leepe , er
22502 Hwy. 82
Aspen, CO 81611
925-3290
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MEMORANDUM
To: Steve Burstein, Planning Dept.
From: Elyse Elliott, Engineering Dept.
Date: Nov. 18, 1985
Re: Spalding-Leeper Subdivision Exception
After reviewing the above application and making a site inspection,
this department has the following comments:
Our primary concern with this application is the plat. It is
lacking many items. I have enclosed a list of requirements and
noted the ones that were not sufficient. The easements and
encroachments mentioned in the application are not shown on the
plat. We have to make sure that the encroachment for the garage
on Lot 1 includes a 5' setback on Lot 2.
_Qubdivision Exception f Condominiumization Check t
City of Aspen Engineeri Department
Project Name 120ci Id I,,
Address 2 2-
Owner
Agent/Attorney/Representative
Address
Reviewed By
Phone
Date
Prior to Council approval, the applicant shall submit a condomi-
nium map including the following information:
Survey Information
Date of survey (within 12 months of application)
ci Legal description
IL - surveyor's certificate, signature, and seal
)0 Scale, north arrow, bearings, and dimensions J'C
Description of survey monuments found and set
D=sis of bearings
Site Plan
Structure to be condominiumized
Accessory structures
/ Lot lines
/ Adjacent streets, alleys
Sidewalks
Curb & Gutter
On -site parking
Existing utility sources and meter locations
Easements, fences, and encroachments
Common areas (trash, parking, open space, etc.)
F;c Adjacent lots and subdivisions
r, Zone district
/ply Irrigation and drainage improvements
Disclosure of ownership
Index sheet
0
/ Schematic Floor Plans and Crass Sections
✓ Individual units
'____�Common elements (mechanical rooms, utility areas, entryways,etc.)
t0 Elevations of floors and ceilings
Limited elements for each unit (storage, etc.)
Other elements as required in Colorado Revised Statutes
Following Council approval, the following information -shall be
added to permit recording of -the final plat.
Recording Information
,o Certificate showing approval by the City Engineer
nh Certificate showing approval by the Planning Commission
�o Certificate showing approval of the plat and acceptance of
dedications and easements (if any) by. the City Council with
signature by the Mayor
/-)-0 Attestation by the City Clerk
U0 Certificate of filing for the Pitkin County Clerk and Recorder
Final Review ny
Date
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: October 31, 1985
TO: Steve Burstein
FROM: City Attorney
RE: Spalding - Leeper Subdivision Exception
We do not have any comments regarding this application, except to
note that the requirements of Section 20-22 of the Code pertain.
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MEMORANDUM
TO: City Attorney
City Engineer
FROr,, Steve Burstein, Planning Office
PE: Spalding - Leeper Subdivision Exception
DATE: Octo',er 28, 1985
Attached for your review and comments is an application submitted by
!`ich.ael Spalding cn behalf of himself and Larry and Alice Leeper,
requesting subdivision exception for the purpose of condominiumization
of a duplex of Lot 2, Block 2 located on Snowbunny Lane. Please
review this material and return your referral comments to the Planning
Off i ce no later than. November 11, 1985 in order for this office to
have adequate time to prepare for its presentation before City Council
on November 25, 1985.
Thank you.
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October 17, 1985
Planning Department
Atten: Steve Burstein
City of Aspen
Aspen, Colorado 81611
Dear Steve:
We propose that the city grant us a review of subdivision exemption
for the purpose of condominiumization of our duplex currently being
built on Lot 2, Block 2, Snowbunny Lane in the City of Aspen.
Our bank has advised us that we must condominiumize to satisfy their
requirements for us to obtain permanent financing. We now own the
duplex together. The Spaldings will occupy the east side of the
duplex, and the Leepers will lease out the west side.
We understand that our duplex would be subject to a minimum six-
month tenancy plus two shorter tenancies, as a requirement of condo-
miniumization. We further understand that our property must be inspected
by the city's building inspector.
We request that the city schedule us to appear at any hearings or meetings
as soon as possible as our duplex is nearing completion this November.
A sketch of the property is enclosed for your review.
Sincerely,
Anna Spalding,
ichael Spalding,;Owner
720 E. Hyman
Aspen, CO 81611
925-1400
0
Alice Le per ,, Owner
L'�
L rry Leepe , ner
22502 Hwy. 82
Aspen, CO 81611
925-3290
recorded at q o'clock M., z ' jmw gpp►( 506 oQGG346
"'Ifteallor. ro.. __ 9 S� __. Loreda Banner, Pitkin Co. Recc►-'
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR THE LEEPER/SPALDING CONDOMINIUMS
WHEREAS, MICHAEL L. SPALDING and ANNA E. SPALDING and LARRY
LEEPER and ALICE LEEPER (hereinafter "Applicants") are owners of a
parcel of real property in the City of Aspen, Pitkin County,
Colorado, described as follows:
Lot 2, Block 2
Snowbunny Subdivision
WHEREAS, the foregoing described real property contains an
approved duplex unit; and
WHEREAS, Applicants have requested an exception from the full
subdivision process for the purpose of condomniumizing the exist-
ing duplex on the subject property to be known as the Leeper/
Spalding Condominiums; and
WHEREAS, the City Council determined at its regular meeting
held November 25, 1985, that such exception was appropriate and
granted the same, subject, however, to certain conditions as set
forth below:
NOW, THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the application for exception from the full
subdivision process for the purpose of condominiumization of the
above -described property is proper and hereby grants an exception
from the full subdivision process for such condominiumization.
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon (1) the Applicant's recording with the Pitkin
County Clerk and Recorder, contemporaneously herewith, that cer-
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BOOK 50-9
tain "Declaration of Covenants, Restrictions, and Conditions for
The Leeper/Spalding Condominiums" dated
1986, and (2) the Applicant's strict compliance wik the provi-
sions contained herein and all representations set forth in the
application submitted and binding conditions of approval on this
matter set by the Planning and Zoning Commission and/or the City
Council, for itself, its successors and assigns.
Dated this A� day of /�a" --- --- . 1986.
William L. Stir ing, mayor —
APPROVED:
FIJ. l �Paa dune, City Atthrndy
I, Kathryn S. Koch, do certify that the foregoing Statement
of Exception from the Full Subdivision Process for the Purposes of
Condominiumization was considered and approved by the 49pjity
Council at its regular meeting held �_,-L� sue_► 1 9'8,,
at which time the Mayor was authorized to execute thl same on
behalf of the City of Aspen.
Kathryn g-.,-rKoch, City C . yC-
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DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE LEEPER/SPALDING CONDOMINIUMS
ANNA E. SPALDING, MICHAEL L. SPALDING, LARRY LEEPER and
ALICE LEEPER ("Covenantors"), for themselves, their heirs,
executors, administrators and assigns, in consideration of the
granting of an exception from the full subdivision process for
the purpose of condominiumization of the following -described
property, hereby covenant with the City of Aspen, Pitkin
County, Colorado, to restrict such property, and hereby do
restrict such property, as follows:
1. Covenantors are the owners of the following described
property (the "Property") together with the improvements
thereon situated in the City of. Aspen, County of. Pitkin, State
of Colorado:
Lot 2, Block 2.
Snowbunny Subdivision
Hereafter, Unit 1 and Unit 2, Leeper/Spalding Condominiums,
City of Aspen, Pitkin County, Colorado, as shown on the
Condominium Map therefor recorded in Plat Book at page
, and subject to the terms, conditions and obligations of
the Condominium Declaration therefore recorded in Book at
page also described as 1360-62 Snowbunny Lane, Aspen,
Colorado.
2. The existing two units comprising The Leeper/Spalding
Condominiums, when the same are offered for rental, shall be
and are hereby restricted to six (6) month minimum leases with
no more than two (2) shorter tenancies per calendar year, all
as defined in the Aspen Municipal Code, as amended; and,
further, when both units are offered for sale, they shall be
and are hereby subject to the requirements of
Sections 20-22(a), Aspen Municipal Code, as amended.
3. In the event that any municipal improvement or
improvements of a kind contemplated in Section 2.0-16 of the
Municipal Code of the City of Aspen, as amended, bpqcom�,- in the
1y �iR:
CDC)rn
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0 gen 506 nn�,:49
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the
Leeper/Spalding Condominiums, Covenantors will make no
objection to any special assessment or special tax or
proceeding therefor on the basis that the Property is
adequately served by existing improvements and/or on the basis
that the premises will not be served or benefited by the
improvement or improvements proposed. Covenantors further
agree to join, upon the City's demand therefor, any improvement
district formed for construction of such improvements
(including, without limitation, drainage, underground
utilities, paving, curbs, gutters, sidewalks, street lights,
etc.) in the area of The Leeper/Spalding Condominiums or to
reimburse the City of Aspen directly upon demand therefor if
the City should choose to construct these improvements without
the formation of such a district.
4. The covenants herein may be changed, modified or
amended by the recording of a written instrument signed by the
record owners of the Property and the Mayor of the City of
Aspen pursuant to a vote taken by the City Council.
5. The covenants herein contained shall run with the
land and shall be binding upon all parties having any right,
title or interest in the Property or any part thereof, and
their heirs, representatives, successors and assigns, .for the
period of the life of the longest -lived member of the
presently -constituted Aspen City Counsel plus twenty-one (21)
years, or for a period of fifty (50) years from the date these
covenants are recorded, whichever is less.
6. None of the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
7. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing
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party shall be entitled to recover its costs and fees therein,
including its reasonable attorney fees and expert witness fees.
IN WITNESS WHEREOF, this Declaration has been duly
executed this -7 day of u , 1986.
Michael L. Spalding
Alice Leeper STATE OF COLORADO
STATE OF COLORADO )
:ss
COUNTY OF PITKIN )
Subscribed and sworn to before me this 7 13 day of
F• , 1986 by Michael L. Spalding and Anna E.
Spalding,
My commission expires: 11- 2-7- 89 "
WITNESS my hand and official seal. }.�..... 0
NotNry (3ubl is
Address: -0ox eZblo�;
STATE OF COLORADO 1
:ss
COUNTY OF PITKIN )
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Subscribed and sworn to before me this 7 1�2L day of
FE , 1.986 by Larry Leeper and Alice .Leeper.
My co mission expires: Jl -.;t 7- H
WITNESS my hand and official seal. ,•j�.C�Y�
Notary Pljhllc �-o--
Address: i3cX
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ka4Rded al — o'clock
_ -._-- Recordero
WARRANTY DF,ED
"I'H1S DEED, Made Ih., z dac r,i
11) 85. hcmccn William R. Litt12 and Ruth Little
,,i the
Pitkin
:[fill til;llc ,.I
Ctllorado.grantorsuld iiichael L. Spalding and Anna E. Spalding,
c/o Coates, Reid & Waldron, 720 E. Hyman, Aspen, CO 816 1,
as to an undivided 50% interest as Joint Tenants and not - —
Tenants in Common; Larry Leeper and Alice Leeper, P.O. Box 4694, Aspen,
as to an undivided 50% interest as Joint Tenants and not
in Common.
CO 81612,
as Tenants
,It the (*,+tun of Pitkin and Sl:uc „l C olora'L,. ;.I;lmee:s
\\ I'l-SESSETH. Than the umilliolsot :Ind in con,ider:ui,+n +,I the ,im, „I Ten Dollars ($10. 00) and other good and
valuable consideration 44)14-ArW�
IhC rceeipt and ,ulliciency „I ,l hich I, h n la ickno„ ICJ, ed.liaaVi�Inted. haugainctl. ,oIJ and comcwti. and by these pre,cm, dow. gram, hargain. sell.
t; e r
cone and om irm. tint„ the gr:unCLShn tell,:urd a„ten, 1010cr. all the real propel t� lo.-Ohcr „fill nnlont,rntenu. it am. ,uuate. lying and hein., in the
C•.t11111\ of Pitkin and dale of ( �olorado de,crlhed a, soli',,: `
Lot 2, Block 2, SNOWBUNNY SUBDIVISION, according to the
recorded Plat thereof.
lY)GE'hHF:R "ith all and singular ilk• hCIVditantCnl, and appurl, n,tneCs 111clCl: helon_nlc. or ill apperutinln,•. and the roer,ion and
rosersion,, remainder and remainder,. rcitl,. i,suc, and prolil, there'll. and all the csunc. right. title. interest. claim and demand Miatsoecei of the
grantor. either in I:nl or Cquitc. nl'. in and to the aho,C har_eutCd premise,. c, ith the Itcredit:uneul, alld appurtcn:utce,. tt
pU 11:k\'E VI) •1-) Iwl.II th ,gill I ill C, ah„cc hargtuncd autd .le,oilVd. c%Ilh the .lppurtCn:ulCC1. unto the grtnnCcr,7, .9ir uI(, ausigrts
themssilvs t e3. � tied r
tiorewl \nd the grantor or m�tt:H; rs iclr,. and pe•r,on:d rcpr,enle t C,. dt rs co,Cn,uu. _ram. hat _:lin. and a.n'ec to •Ind 1, lilt the grantee m ten', and
May are ave
as,ign. llt:ll at the lime tit tlle cn,caling and delncrs of lhe,c prc,cnl,. i,e-r, ,,C11 ,Curd of the picim,c, ahooe cone. ct nm g:,oc . sure. perfect. alhxdute
and indclia,itile c,l: tc of inheritance. in lino. in fee ,inmle. arld ha, go'nl right. lull l000wl and km fill ;nrthrlrifc tu,_rmt. harg:nn, sell and Come\ the s:unc
in manner and Bonn it, afore,wd. and that the saune arc free and clear li'ortt all lorluvi and otht.•r grain,. hargains. sale,. {lens. laze,. u,scssnlents.
cIICunthr n%:c, and re,trieti„n, tot „hanecer kind ,I n:iimc ,oeler. e\eepl general taxes for 1985 due and payable in
1986; the right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises, as
reserved in United States Patent in Look 55 at Page 45; (continued on reverse)
tieirn+iSh:dl and will WARRANTAND FOREVI'.R DEFEND the a}xne-t,:1r_ainrJ premises in the quiet and peaccahk possession of the granteeS
Ms heir, and assigns. againq a-l�tdryar� lx'son ur pCrsnu, lass f'ulh Claimin,, the lcholc or am p:ul thereof'. The singular numhcrshall include the plural.
th plural the ,ingular� 11 the It fY of an ,•e cr ,hall he applicahle to all genders.
/I.N.NVITNESS 11 Hl: :(�Y lltc ,_r; t„ ave Oiled till, deed on the date ,el (trill A'%C. !
William R. Iiiqt• P.uth Little
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STA 1 F OF COLORADO
cotint` of Pitkin }
The tinrgoine, instrument cca, acknimleltged hClore me 1n the t_':nlnn t,l Pitkin S1a1e ,d
Colorado. this (` 4s, dap of I') 85 . h) William R. Little and Ruth Little
\tc Cununl,ston ey,ircs nn h,nld .utd of licial seal.
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A Awl CI — _ - _—
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W,Ir, •. 1..�
`{l in UCmCI. insert "('us and .
No. 932A.Re%.7.84.tt,RRl\rNttEEnII,or1'hougraphi.Rccnrdi fir.,01"q'rPt,rl„hinE. s`5,c.hitt,.c..I.;ik +oud.Cu 0.,a A011a)•hwm ''s't
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EXCEPTIONS (continued
easements for utilities or other purposes as shown on the Plat of Snowbunny
Subdivision recorded as Document No. 105066 and easements for utilities as
reserved in Paragraph No. 6 of instrument recorded in Book 181 at Page 255
of the records for Pitkin County, Colorado; restrictions, which do not contain
a forfeiture clause, but omitting restrictions, if any, based on race, color,
religion or r.3tional origin as contained in instrument recorded in Book 181 at
Page 255 of the records for Pitkin County, Colorado; and permanent encroachment
and reciprocal easement recorded in Book at Page of the records for
Pitkin County, Colorado.
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PERMANENT ENCROAChMENT A14D RECIPROCAL EASMENT
The undersigned, as owners of Lot 1 and Lot 2, Block 2,
Snowbunny Subdivision, City of Aspen, Pitkin County, Colorado
(this real property as hereinafter referred to as Lot 1 and
Lot 2 respectively) hereby create and grant for the benefit
of and as a burden on Lots 1 and 2, permanent easements over,
or: and across certain real property described on Exhibits I
and 2, respectively, attached hereto and incorporated herein
by this reference for the purpose of the location of certain
building improvements which are part of the home located on
Lot 1, but part of which encroach onto Lot 2, for the benefit
of Lot 1, and for the purpose of the creation of a reciprocal
easement for the benefit of Lot 2.
The permanent easement granted herein and described on
the attached Exhibit 1 is an exclusive easement for the
benefit of Lot 1 and Lot 2 and shall be permanently subject
to this easement. This easement carries with it the right of
ingress and egress to any improvements located in the area
of the easement for the purpose of maintenance and repair of
said improvements. No fence shall ever be erected or placed
within the area of this easement.
The permanent easement granted herein: z,nd describcd on
attached Exhibit 2 is an exclusive easement for the benefit
of Lot 2, and Lot 1 shall be permanently subject to this
easement. No improvements or structures of any kind shall be
built in the area of the easement described in the attached
Exhibit 2.
The owners of Lot 1 shall be responsible to maintain and
keep in good repair the property in the area of the easement
described on the attached Exhibit "1". The owners of Lot 2
shall be responsible to maintain and keep in good repair the
property in the area of the easement described in the
attached Exhibit "2".
These easements shall be a burden on and run with the
lands herein described and shall be binding on the successors
and assigns of the Grantors hereunder.
IN WITNEE� WHEREOF, these easements are granted and
c eated as'o� his day of 1985.
f�
William R. tt IL,,e Rutfi Litt e
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STATE OF COLORADO )
ss.
COUNTY OF' PIThIN )
The foregoing instrument was acknowledged before me
this day of ,;��� 1985 by William R. Little and Ruth
Little:.
WITNESS my hand and official seal.
My commission expires: f,,,., ( ,,
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Little Encroachment%DOC4
Notary lic
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Alpine Surveys
414 North Mill Street EXHIBIT "1"
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
February 6, 1984
74-122-2
Little
Encroachment Easement
DESCRIPTION
AN EASEMENT SITUATED ON LOT 2, BLOCK 2, SNOWBUNNY
SUBDIVISION, CITY OF ASPEN, COLORADO AND BEING MORE
FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON
THE WESTERLY BOUNDARY LINE OF SAID LOT 2 WHENCE THE
NORTHWESTERLY CORNER OF SAID LOT 2 BEARS N 06027'14" E
37.00 FEET;
THENCE S 70015'00" E 15.00 FEET ALONG A LINE PARALLEL
TO AND 5.00 FEET OFF THE ENCROACHING GARAGE;
THENCE S 19045'00" W 32.20 FEET ALONG A LINE 5.00 FEET
OFF THE ENCROACHING GARAGE;
THENCE N 70015'00" W 7.39 FEET ALONG A LINE 5.00 FEET
OFF THE ENCROACHING GARAGE TO THE POINT OF INTERSECTION
WITH THE WESTERLY BOUNDARY LINE OF SAID LOT 2;
THENCE N 06027'14" E 33.09 FEET ALONG SAID BOUNDARY
LINE TO THE POINT OF BEGINNING.
•
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Alpine Surveys
414 North Mill Street EXHIBIT "2"
Post Office Box 1730
Aspen, Colorado 81612
303 ------------------ -
925 2688 -
June 3, 1985
74-122-2
Little
Lot 2 Easement
DESCRIPTION
AN EASEMENT SITUATED ON LOT 1, BLOCK 2,
SNOWBUNNY SUBDIVISION, CITY OF ASPEN, COLORADO AND
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID
LOT 1;
THENCE S 06027'14" E 37.00 FEET ALONG THE EASTERLY
BOUNDARY LINE OF SAID LOT 1;
THENCE DEPARTING SAID EASTERLY BOUNDARY LINE
N 21012'17" W 41.78 FEET TO THE POINT OF INTERSECTION
WITH THE NORTHERLY BOUNDARY LINE OF SIAD LOT 1;
THENCE S 83042'24" E 19.50 FEET ALONG SAID NORTHERLY
BOUNDARY LINE TO THE POINT OF BEGINNING, CONTAINING
361 SQUARE FEET, MORE OR LESS.
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Aspen/Pitk,�
130 s
aspen c
August 17, 1983
Bill and Ruth Little
Box 286
Aspen, Colorado 81612
Dear Bill and Ruth:
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Office
At Sunny Vann's request, I have researched and reviewed the specific circumstances
surrounding your properties, Lots 1 and 2, Block 2, Snowbunny Subdivision. The
following are the findings of the Planning Office which have also been agreed to
by Jim Wilson of the Building Department.
1. Lots 1 and 2, Block 2, Snowbunny Subdivision have not merged
pursuant to Section 20-5(c) of the City Code since this sec-
tion only applies to lots within the Original Aspen Townsite
and the East Aspen Addition. This means you own two separate,
individually transferable lots.
2. Your property is located in the R-15 zone district which
allows a duplex by right ( o growth management allotment
required) on a 15,000 square foot lot if such lot was sub-
divided prior to March, 1975. Your lots were created as a
part of the Snowbunny Subdivision in 1957, therefore, you
have a right to a duplex on lot 1 and a duplex on lot 2
since it appears by your surveys that both lots have 15,000
square feet.
3. The garage which is part of the home on Lot 1 encroaches
into Lot 2. You could apply to the City for a lot line
adjustment to move the property line so that the garage is
taken out of Lot 2 and incorporated into Lot 1. This how-
ever, would reduce the size of Lot 2 below 15,000 square
feet and only a single family structure would then be
allowed. Therefore, it is probably not in your best
interest to apply for approval to a lot line adjustment.
Sill and Ruth Little
August 17, 1983
Page Two
4. The garage encroaches into Lot 2, but the land under the
garage still counts in the calculation of the lot size of
Lot 2. When (and if) you sell Lot 2, as the seller you
should place a restriction on the sale, granting either a
permanent easement or a permanent encroachment license
for the garage. This easement or encroachment license
should not only reflect the boundary of the garage, but
should also include an extended 5 foot setback (Section
24-3.4 of the Code). The setback would be measured from
the property line except where the garage is located, then
it would extend 5 feet out from the garage instead of the
property line. This setback should be part of the ease-
ment or encroachment license.
5. The land covered by an easement or encroachment license is
counted in lot size calculations.
If you have any further questions, please let me know. You can pick up the two
surveys you left with us at your convenience.
Sincerely,
� M1, EA
Alice Davis,
Planner
Aspen/Pitkin Planning Office
AD/klm
cc: Jim Wilson
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SCALE
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