HomeMy WebLinkAboutcoa.lu.ec.Spalding/Leeper Subdivision
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CASELOAD SUMMARY SHEET
City of Aspen "___
DATE RECENED:{)f7.~3 Nt) .,_
lATE RECENED COMPLETE: ~14 , t~'6 ~
.~ ~. . Lu ~ .,.
PROJ ECT NAME: C ' ,)
APPL ICANT:
Appl i cant Address/Phone.',
REPRES EN TAT IV E:
RepresentativE Address/Phone:
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Type of Application:
1. GMP/SUBDIV IS ION/PUD (4 step)
Conceptual Submission
Preliminary Plat
Fi nal PI at
($2,730.00)
($1,640.00)
( $' 820. 0 0 )
II. SUBDIVISION/PUD (4 step)
.
~ III.
;- IV.
Conceptual Submission
Preliminary Plat
Final Plat
($1,900.00)
($1,220.00)
( $ 820 .00 )
($1,490.00)
(C6 8;~::-
EXCEPT ION/EXEMPTION/REZ ON ING (2 step)
SPECIAL REI! IEW (I step)
Special Review
Use Determination
Conditi onal Use
Other:
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p&Z @ MEETING DATE: {\o.J 1-0;:
lYITE REFERRED:
PUBLIC HEARING:
IN IT IALS :
YES
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REFERRALS:
-?
Ci ty Atty
City Engineer
Housing Dir.
Aspen vlater
City E;hctric
Envir. Blth.
____ Aspen Consolo S.D.
Mtn. Bell
Parks Dept.
____ Holy Cross Electric
Fire Marshall
____ Fire Chief
____ School District
____ Rocky Mtn. Nat. Gas
____ StateHwy Dept (Glenwd)
____ StateHwy Dept (GLJtn)
Bldg: Zoni ng/lnspectn
____ Other:
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FINAL ROUTING:
V City Atty
DATE ROUTED: {,", '; (",~
IN IT IAL: 1):-:
/
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City Engi neer
____ Building Dept.
Other:
FILE STATUS AND LOCATION:
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Oth er:
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Re.vic\~cd by: . ',spc,n PtZ ~ty CouncTiJ Spp.IJ,^,-L'iPUS""d';;);o"L""'rpl;o~
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· On N)>:<rnhr as, iq<6 ;'.',/ c,~...,~vf;'4~T,i11'-<1~ to'"-f~'~ ~.tOtJ
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1. All units shall be restricted to six (6) month mlmmum 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 Nunicif1:.1 Code, including the specific
comments made by the Engineering Department.
3.
A Statenlent 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 P.ttorney's Office
clarifying the recirrocal ea[;er"ep.ts on Lots] anc. 2 due to the
garage encroachJr.ent shall be pIeced of rEcor6.
,
5. The C\~ners shall agree to joir, any q..-ecicl improvement district
formed in the future ap.d sh2-ll [.tcite such commitment in tbe
Statement of Subdivision Excel'tion.
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Ci ty Council
MEII>RANDUM
TO:
Aspen City Council ~--,
Hal Schilling, City Manag~)
Steve Burstein, Planning ~e
~
THW:
FROM:
DATE:
Spalding-Leeper Subdivision Exception
November 18, 1985
RE:
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SUMMARY: The Planning Office recommends approval of this request for
condominiumization of a duplex subject to the five conditions listed
below.
LO~TION: 1360 Snowbunny Lane, Lot 2, Block 2, Snowbunny Subdivision
ZONING: R-15
APPLI~NT'S REQUEST: The applicants are requesting approval to
condominiumize their recently built duplex, creating separate units of
approximately 1950 s.L and 2350 s.L each.
APPLI~BLE SECTIONS OF THE MDNICI~L CODE: Condominiumization of a
duplex is a subdivision exception pursuant to Section 20-19 (c) and
must substantially comply with the design and platting requirements of
Sections 20-17 and 20-15. The requirement s of condomini umization are
stated in Section 20-22. Subsection (b) is the most pertinent to this
case, requiring that all units be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per year.
PROBLEM DISCUSSION:
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 I 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 I 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 I s Off ice clar ify ing the reci procal easement grant s.
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 pI at. Thi s 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 I 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
2
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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,
~lhdY~
ichael Spalding, wner
720 E. Hyman
Aspen, CO 81611
925-1400
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MEMORANDUM
To:
Steve Burstein, Planning Dept. 110
Elyse Elliott, Engineering Dept. tv~
From:
Date:
Nov. 18, 1985
Re:
Spalding-Leeper Subdivision Exception
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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.
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/~~ &qbdivision Exception fr -
City of Aspen Engineeri._~
Condominiumization Check~'~t
Department
Project
Address
Name
~O'" /Jlne1
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j.?t 2- 13/1:' 2- -
-, L L.eO e..r
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S",,6,
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)
tli-' I.egal description
.\.
VV Surveyor's certificate, signature, and seal
,.JJ::.... Scale, north arrow, bearings,' and dimensions 0 I<..
~ Description of survey monuments ~ and set
-
p~sis of bearings
Site Plan
. ; ~.
~ Structure to be condominiumized
~ Accessory structures
,/' Lot lines
Adjacent streets, alleys
,/
7
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Sidewalks
......
Curb & 'Gutter
~ On-site parking
~ Existing utility sources and meter locations
~ Easements, fences, and encroachments
/ Common areas (trash, parking, open space, etc.)
~Q Adjacent lots and subdivisions
Zone district
.JJ.!L
/J ('.
Irrigation
Disclosure
and
of
drainage
ownership
improvements
Index sheet
I'
.
-2-
~ Schematic Floor Plans and Cross Sections
~ Individual units
~Common elements (mechanical rooms, utility areas, entryways,etc.)
~ 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
~ Certificate showing approval by the City Engineer
~ Certificate showing approval by the Planning Commission
~ Certificate showing approval of the plat and acceptance of
dedications and easements (if any) by.~he City Council with
signature by the Mayor
A)u Attestation by the City Clerk
~ Certificate of filing for the pitkin County Clerk and Recorder
Final Rev1ew oy
Date
CITYfQf.ASPEN
130 d,{" .,., .fl,,~treet
asp i.~161l
820
liEMORAND\!~
11-'.
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.
PJT/mc
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MEK>RANDUM
TO:
City Attorney
City Enoineer
FRN1:
Steve Burstein, Planning Office
RE:
Spalding - Leeper Subdivision Exception
DATE:
October 28. 1985
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l\ttachec! for your review and comments is an application submitted by
!:ichael Spaldi ng en behalf of himself and Larry and Alice Leeper,
requesting subdivision exception for the purpose of condominiur.ization
0: 2. dupl ex of Lot 2, Block 2 loc2ted on Snowbunny Lane. Please
review this r.aterial and return your referral c08ments to the PlanninG
Off ice no later than November -11, 1985 in order for this office to
h",ve 2.ceguate time to prepare for its Fresentation before City Council
on rovenber 25, 1935.
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,
~lAbP~
ichael Spalding, wner
720 E. Hyman
Aspen, CO 81611
925-1400
iecorded at-2"':?<t o'clock \? r.I" ___1:, 2 ~ 5('t:' 346
__ . '-- m m _J' 800K. Ju OAGE
,.,.ept!or. ~o. ,_,d- '1:;-1 g-e; , !0;0:1a B1nncc, PiWn r" c'.__
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 II Appl icants ") 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-
" ...
BOOK
506 p~G:347
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tain "Declaration of Covenants, Restrictions, and Conditions for
1986, and (2) the Applicant's strict compliance
1:__,
The Leeper/Spalding Condominiums" dated
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 4-- day of ~T----' 1986.
~. /~::;
William L. Stir~ing, Mayor
APPROVED:
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Paul J. Taadune,
~ ~~
~ 4%
City At rn y
I, Kathryn S. Koch, do certify that the foregoing Statement
of Exception from the Full Subdivision Process for the P~~poses of
Condominiumization was considered and approved by the .~~'pmhtt:y
Council at its regular meeting held ~~:f.,""'~"19~
at which time the Mayor was authori zed to execute thj 6,!fine on ,
behalf of the City of Aspen. ~ (lira '.
L~ ) J~~'
Kathryn S~~, City C ): t.\~
lOB
SOrll( 506 'A~E348
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 20-16 of the
Municipal Code of the City of Aspen, as amended,
~ome!, in
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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
2
~DOll 506 ~~[jE :350
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
-,1h
day of
~, 1986.
J11~fJ~~,tL .
M~chael L. Spal ~ng \
Larry Leep r
A~~RADO
STATE OF COLORADO
:ss
COUNTY OF PITKIN
Subscribed and sworn to before me this 713 day of
~~Jf'U , 1986 by Michael L. Spalding and Anna E.
Spald~ng.<s
My commission expires: /1- ;;J7- 81
WITNESS my hand and official seal.
STATE OF COLORADO
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COUNTY OF PITKIN )
Subscribed and sworn to before me this 7t1 day of
~e~/~~~~~-~-~-, 1986 by Larry Leeper and Alice Leeper.
~ion expires: JI-..;J.7-j1 .
WITNESS my hand and official seal. . .,c) ".. ".
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WARRANTY DEED
THIS DEED. ",,,Ie II",
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1985. h':I\\I'':ll William R. Little: and Ruth Little
(IfIll,'
("''11111;' III Pitkin
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C"lur;idll. '='1',u\lurSlIld l1ichael L. Spalding and Anna E. Spalding, L
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, CO 81612,
~""_>-<..".l-.,","'.......... as to an undivided 50% interest as Joint Tenants and not as Tenants
in Common.
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Lot 2, Block 2, SNOWBUNNY SUBDIVISION, according to the
recorded Plat thereof.
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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 Stat";; Patent in Eook 55 at Page 45; (continued on reverse)
ThL'f"I';llllP1SIl;1I1 :lI1d \\ill \\':\RR.:\:'\T "\~IJ FOR I-.\T.I~ I )FFL\ I) Ih.: ;lhp\L',har!!;III\\'d 1'1"1l1i,,', III tho.: quid at.lI.! peal'L'ahk p\J",e,~.illll of the gran leeS
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. /~/ Willlaffi R. 1:1t ----- - - Ruth Little ~
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CI'lIll1~ "I Pitkin
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C"lInt\ "I Pitkin . Slale Ill'
1'185 . h~ William R. Little and Ruth Little
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EXCEPTIONS (continued):
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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 r'e-cords for Pitkin County, Colorado; restrictions, which do not contain
a forfeiture clause, but omitting restrictions, if any, based on race, color,
religion or n~tional 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 ENCIWAChMENT Aim RECIPROCAL EASI',ENT
The undersigned, as OImers 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) he reLy create and grant for the benefit
of and as a burden on Lots 1 and 2, perQanent easements over:
011 alld across certairl real property described O~ Exhibits 1
and 2, respectively, attached hereto and incorporated herein
by this reference for the purpose of the location of certain
building irnpnJvernents \'Ihich are part of the home located on
Lot I, but part of which encroach onto Lot 2, for the benefit
or Lot I, and for the purpose of the creation of a reciprocal
easement ror the benefit of Lot 2.
The permanent easement granted herein and described on
the attacbed Exhibit 1 is an exclusive easement for the
benerit or Lot 1 and Lot 2 and shall be permanently subject
to this easement. This easement carries with it the right or
ingress and egress to any improvements located in the area
of the easement for the purpose of maintenance and repair of
said improvements. No rence shall ever be erected or placed
within the area of this easement.
ThE; p8rmallerlt 8usement gra.nted hereln .:end described 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 or 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 WI'lJ~ES:;J WHEREOF, these easements are
~. c (~ate. d as/~f/his.."'" day of .:\, '" e, 1985.
r /. .I __~, ' /
,)/ t' , ,/ a~' ;(,
/l/ftL~//, / ,-_/ . . -'~ . ( u'l;
,~I William R.'1 'tte Ruth Little
granted and
<,../'.., ,
/~(~tr/
- 1 -
;
-
...
STATE OF COLOW\DO
,sv
COUNTY OF' PITKIN
The foregoing instrument was acknm"ledged before me
this (o~i'day of :\,'~e __,1985 by William R. Little and Euth
Little.
WITNESS mv hand and official seal.
!Vi'" commis~i(\p.. expires: r., [ r'o !Gt/-,._
.1 ~./ ...;.' I '.~"":'
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Nota ry He
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I\dc.:ress: -l-~(-"~~: \, '-""v,q,",
(\.,<,c,., cr', "(, \ t. I i
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Little EncroachmentiDOC4
- 2 -
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Alpine Surveys
414 North Mill Streel
Post Ollice Box 1730
Aspen, Colorado 81612
303 925 2688
EXHIBIT "1"
----.-------- ----.----...----------------..-
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 1904S'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.
t'
'"
,.....,.
Alpine Surveys
414 North Mill Street
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
EXHIBIT "2"
--~-
---_.--_._---~--~---._~_._- --- -- ----.
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\~~~,~~~ning Office
130 s '~~~~g;a.~~nr;treet
asp e nqgJ~'tfl(l,'O_J81611
"~'I!f,~~
'-~'c"F~-.r
Augus t 17, 1 983
Bill and Ruth Little
Box 286
Aspen, Colorado 81612
Dear Bill and Ruth:
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 (qo growth management allotment
required) on a 15,OOO squafe 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.
....,
"'-
"
.Bill 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 sell er 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
proper~Y 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.
Si ncerely,
wm Qaujv
Alice Davis.
Planner
Aspen/Pi tkin
Planning Office
AD/ k 1 m
J
cc: Jim Wil son
,-
........
ASPE:...... ...LANNING OFFICE
1Jb .~iith 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/FI NAl
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,TOT Al
County
00113 - 63711 ' 47331 - 52200 GMP/GENERAl
63712 ' 47332 ' 52200 GMP/OETAllED
63713 - 47333 ' 52200 GMP/FINAl
63714 ,47341 - 52200 SUB/GENERAL
63715 - 47342 - 52200 SU B/D ET AI lEO
63716 - 47343 - 52200 SUB/FINAL
63717 - 47350 ' 52200 SPECIAL REVIEW
63718 - 47350 - 52200 RE20NING
63719 - 47360 - 52200 SPECIAL APPROVAL
SU8-TOT Al
PLANNING OFFICE SALES
00113 - 63061 - 09000 ,52200 COUNTY CODE
63063 ,09000 - 52200 ALMANAC
63062 - 09000 ,00000 GMP
63066 ,09000 - 00000 COPY FEES
63069 ,09000 OTHER
SUB-TOTAL
TOTAL
Name: I ~ i'd' d I] Ji: /1 v: ,~/'. /1
Addre~: r'/11^ r. . J IIN, :/, 'I
I It "\. ;'11 v 1 _ rf l' ./ . :fl// /)
Check No.1 rc;-
Additional Billing:
Phone: ~
Project: 'I
< L
Date:
No. of Hou,,:
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