HomeMy WebLinkAboutcoa.lu.ec.Turley Lot Split.1984
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
LAND USE APPLICATION FORM
DATE SUBMITTED
FEES
NAME
Daniel B. Turley, Jr. and Pamela B. Turley
ADDRESS
P.O. Box 1829, Aspen, CO 81612
PHONE
925-4072
NAME OF PROJECT
Turley Lot split
PRESENT ZONING
R 6
LOT SIZE
15,917
LOCATION
See attached description
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
CURRENT BUILD-OUT
sq. ft.
1 single family
units
sq. ft.
1 additional single
units
PROPOSED BUILD-OUT
DESCRIPTION OF EXISTING USES 1 residential unit
DESCRIPTION OF LAND USE PROPOSAL see attached letter
TYPE OF APPLICATION 1 nt- "'p 1 ; t-
APPLICABLE CODE SECTION (S) 20-19 fa) (1) (2) and (3); 24-11.2 (d)
PLAT AMENDMENT REQUIRED
DATE PRE-APPLICATION CONFERENCE COMPLETED
YES
x
NO
---
ATTACHMENTS: 1.
All applicants must supply Proof of Ownership in the form of a
title insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and eucumbrances.)
2. If the process requires a public hearing, a Property Owner's List
must be supplied which gives all owners within 300 feet in all
directions in some cases and adjacent owners in some cases.
3. Number of copies required (by code and/or in pre-application
conference.)
4.
Plat by Registered Surveyor
x
Yes
No
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Gc.RARD H. pFS,VlAN. P.E., L.S.
,
ASSOCIATED WITH
Dec. 29, 1983
ELKS BLOG, 210 S. GALENA
P.O. BOX 2505
ASPEN. COLO. 81611
PHOl'-tE 303-925-3816
SURVEY ENGINEERS, INC,
Job No. 13319
Turley
?~i~e 1 of ;?
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A parcel of land situat~d in the SE1/4 NE1/L of 3~c. 12. T1GS.
R85W of the 6th. P.M., being part of Blocks 91 a~n 9~ and 7hir=
Street, Hallam's Addition, described as follons:
. ..
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Beginning;at the'Southwest corner of the ~.jeste~l;; ;:',ar;t 0:
property'as sho~m on the Subdivision Exceptior.. :.ia:: o~ the C. F.
Murphy Associates, Inc. Property as recorded ir.. Pi~t 3nok 10
at Pag~56 of the Records of Pitkin County, whe~~e t~e SnsT 1/4
corne~ of said Se6. 12 (A 1954 B.L.M. Brass Cap) be~rs S67027147"E
1024.74',;) .
Thence Nor'th 120.00' to the Northwest corn'?-r of s:;ic '.-:est-corly
Tract;
Thence \"Jest 1.53';
Thence North 0.74' to a Southerly corner of ~he p~o?e~t: descr~bed
in Book 411 at Page 514 of the Records of Pit~i~ ~~u~ty;
Thence West 32.061 along the Southerly boundary of ~~e pro~erty
described in said Book 411 at Page 514;
Thence N88011 100"\'1 35.33' alan,; the'Southerl:r :_'J~'Li~r~' C/:. >;r.o
property described in said Book 411 at ?a~o 51~;
Thence South 7.06' along the Southerly bou~i~ry - t~g property
described in said Book 411 at Paze 514;
Thence West 65.001 along the Southerly boundnry ~- t~e or~r~rty
described in said. Book 1.11 at Page 51!, to the :::1:::..':'1.;; }i::~, of
Roaring Fork Road;
Thence along the Easterly line of Roaring Fork ~oad 2.S7' arouui
a non-tangential curve to the left havin~ a raii~5 =~ ~3~.23!.
the chord of which bears S00014'51"W 2.87';
Thence South 113.67' along the East line of :\(0:11"1::<; "'0:'~: ?o:d
to the North line 'of Gillespie Avenue, bein:; 65' ::~:-t;. of tile
North line of Block 100, Hallam's Addition;
Thence N89015118"E 133.92' along the North line of Gilles~ie
Avenue to the Point of Beginning.
Containing 0.365 Acren more or leos.
Together with an access easer:lent bp:int~ pitrt :)1 .~:;';J !::'o~-j'.:.~!.~,~~
described in Book 411 at Page 514, described nG fcliowd;
Be"inning at the Southwest corner of the nrooerty described in
t.-:> .> . ~
Book 411 at Page 514 of the Records of Pitkin Co~nt;;
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Th!?nce 7.06' alan?; the arc of a cur\r~ t') t.he ~i"(~;'S ::3.Vl!,:;.- a
rad.ius of 332.28', the chord of-which "ho;--;..~~.; ~:":;1 ':.0'13"::: 7.061;
TJ1ence East 64.871 ;
Thence South 7.06';
Thence Vest 65.00' to the Point of Beginnin~.
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DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE TURLEY SUBDIVISION
TELEO J. CAPARRELLA and ANGELINA F. CAPARRELLA
(the "Covenantors"), Owners of a parcel of real property (and
the improvements thereon) situate in the City of Aspen, Pitkin
County, more particularly described on the attached Exhibit "A"
which is incorporated herein by this reference, also known as
330 W. Gillespie, Aspen, Colorado, (the "Property") for
themselves individually and for their personal representatives,
successors and assigns, in consideration for the granting of an
exception from the full subdivision process for the purpose of a
lot split and a GMP exemption permitting construction of a
single-family house on the newly formed lot of the following
described property, hereby covenant with the City of Aspen,
pitkin County, Colorado, to restrict said property, and hereby
does restrict said property as follows:
1. Covenantors represent that they are record title
owners of the following described property, situate in the City
of Aspen, Pitkin County, Colorado, together with the
improvements located thereon:
See attached Exhibit "A" which is incorporated
herein by this reference, also known as 330 W. Gillespie, Aspen,
Colorado 81611.
2. A park dedication fee if required by the City at
the time shall be paid upon construction of a new dwelling at
the same rate charged to similar developments.
3. No further subdivision beyond the lot split may be
granted for these lots nor more than one additional single
family dwelling shall be built without receipt of applicable
approvals pursuant to Chapter 20 and an allocation pursuant to
Section 24-11.1 of the Aspen City Code.
.
BOOK 466 p;\1;Etl'1.1
4.
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, became, in the
sole judgment or discretion of the City Counsel of the City of
Aspen, necessary or desirable to the area of the above described
property, 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 demand therefor by
the City, any special improvement district, urban renewal
district, or downtown development district formed for the
construction of such improvements (including, without
limitation, signage, drainage, underground utilities, paved
streets and alleys, planting, curbs, gutters, sidewalks, street
lights, traffic circulation, trails recreation facilities,
parking, etc.) in the area of the above-described property 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.
5. The covenants contained herein shall run with the
land and shall be binding on all parties having any right, title
or interest in the above-described property or any part thereof,
and their heirs, representatives, successors and assigns.
6. None of the covenants contained herein shall be
released or waived in any respect or modified or amended during
the period they are binding without the prior consent of the
City of Aspen reflecting the Resolution of the City Coun~il of
the City of Aspen.
IN WITNESS WHEREOF, this
":J"')1.d
executed this ~ day of
declaration has been duly
May
, 1984.
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Teleo J. Caparrella
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BOOh 466 p..~G::474
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A elina F. Caparrella
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing document was acknowledged to before me
this ,;l",J day of M riA" , 1984, by Teleo J. and
Angelina F. caparrell~. (
WITNESS my hand and official seal.
My Commission expires: '}I~{ I'!, 1ft!
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Notary Public ,
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BOOK
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Exhibit A
A parcel of land situated in the SE 1/4 NE 1/4 of Sec. 12,
TlOS, R85W of the 6th P.M., being part of Blocks 91 and 92 and
Third Street. Rallam~s Addition described as follows:
Beginning at the Southwest corner of the Westerly Tract of
property as shown en the SubdivisienExcpetien Map ef the C. F.
Murphy Associates, Inc. Property a~ recorded in Plat Beek10
at Page 56 ef the recerds ef pitkin County, whence the East 1/4
cerneref said Sec. 12 (a 1954 B.L.H. Brass Cap) bears S67027'47RE
1024.74';
Thence North 120.00' to. the Nerthwest cerner ef said Westerly Tract;
Thence West .1.53';
Thence North 0.74' to. a Seutherly cerner ef the preperty described
in Beek 411 at Page 514 ef the recerds ef pitkin County;
Thence West 32.06' a1eng the Seutherly beundary ef the preperty
described in said Beok 411 at Page 514;
Thence N88"11'00"W 35.33' a1~ng the Seutherly beundary ef the
preperty described in said Beok 411 at Page 514;
Thence Seuth 7.06' aleng the Seutherly beundary ef the preperty
described in said Boek 411 at Page 514;
Thence West 65.00' aleng the Seutherly beundary ef the preperty
described in said Beek411 at Page 514 to. the Easterly line ef
Roaring Ferk Read;
Thence a1eng the Easterly line ef Rearing Fork Road 2.87' around
~ non-tangential curve to. the left having a radius of 332.28'.
the cherd ef which bears SOO"14'51"W 2.87';
Thence South 113.67' along the East line ef Rearing Ferk Read to.
.the Nerth line ef Gillespie Avenue, being 65' Nerth ot the North
line ef Rlock 100, Hallam's Additien;
Thence N89"15'18"E 133.92' along the North line of Gillespie
Avenue to.. the. Point ef Beginning'. ..
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FULL SUBDtVISIb"'N
A LOT SPLIT
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STATEMENT OF EXCEPTION FROM THE
PROCESS FOR THE PUkPOSE OF
TELEO J. CAPARRELLA and ANGELINA F. CAPAkRELLA (the
.trot:: PC ,It){}
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"Covenantors") are Owners of a parcel of real property (and the
improvements thereon) situate in the City of Aspen, pitkin
County, more particularly described on the attached Exhibit "A"
which is incorporated herein by this reference, also known as 330
W. Gillespie, Aspen, Colorado, (the "Property").
WHEREAS, Owner has requested an exception from the full
subdivision process for the purpose of a lot split and a GMP
exemption permitting construction of a single-family house on the
newly formed lot on the subject property; and
WHEREAS, the City Council determined at its meeting of
April 2, 1984, that such exception was appropriate and granted
the same, subject, however, to certain conditions;
NOW, THEkEFORE, the City Council of Aspen, Colorado,
does determine that the Owner's application for exception from
the full subdivision process for the purpose of a lit split and a
the newly formed lot is proper and hereby grants an exception
GMP exemption permitting construction of a single-family house on
from the full subdivision for such lot split and a GMP exemption
permitting construction of a single-family house on the newly
formed lot;
PROVIDED, HOWEVER, that the foregoing exception is
expressly conditioned upon: (1) the Owners recording
(contemporaneously herewith) with the Pitkin County Clerk and
BOOll
466 R\1JE4iO
.
Recorder that "Declaration of Covenants, Restrictions and
Conditions for the Turley Lot Split, dated May 2, 1984, and (2)
the Owners strict compliance for itself, its successors and
assigns, with the provisions contained therein and all other
binding conditions of approval on this matter set by the City
Council (3) Owners joining any future improvement districts in
the event they are formed.
DATED this ~ day of ~/1~1-- ' 1984
~./~.
ayor
Paul J.
I, KATHRYN S. KOCH, do hereby certify that the
foregoing Statement of Exception from the F'ull Subdivision
Process for the Purposes of a Lot Split and for the construction
of a single-family house on the newly formed lot was considered
and approved by the Aspen City Council at its regular meeting
held April 2, 1984, at which time the Mayor, William L. Stirling,
was authorized to execute the same on behalf of the City of
Aspen.
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Exhibit A
A parcel of land situated in the SE 1/4 NE 1/4 of Sec. 12,
T10S, R8SW of the 6th P.M., being part of Blocks 91 and 92 and
Third Street, Hallam'.s. Addition described as follows:
Beginning at the Southwest corner of the Westerly Tract of
property as shown on the Subdivision ,Excpetion Map of the C; F.
Murphy As~ociates, Inc. Property as recorded In Plat Book'10
at Page 56 o.f the records of pitkin County, "hence the East 1/1,
corner of said Sec. 12 (a 19S4 B.L.N. Brass Cap) bears &67'27'47"8
1024.74';
Thence North 120.00' to the Northwest corner of said Westerly Tract;
Thence West1.S3';
Thence North 0.74' to a Southerly corner of the property described
in Book 411 at Page S14 of the records of Pitkin County;
Thence West 32.06' along the southerly boundary of the property
described in said Book 411 at Page S14;
Thence N88"11'OO"W 3S.33' al~ng the Southerly boundary of the
property described in said Book 411 at Page S14;
Thence South 7.06' along the Southerly boundary of the property
described in said Book 411 at Page S14;
Thence West 6S.00' along the Southerly boundary of the property
described in said Book 411 at Page S14 to the Easterly line of
Roaring Fork Road;
Thence along the Easterly line of Roaring Fork' Road 2.87' around
~ non-tangential curve to the left having a radius of 332.28'.
the chord of which bears SOO"14'5l"W 2.87';
Thence South 113.67' along the East line of Roaring Fork Road to
the North .line of Gillespie Avenue, being 65' North of the North
line of Block 100, Hallam's Addition;
Thence. N89"IS'18"E 133.92' along the North line of Gillespie
Avenue to, th.e Point of Beginning'~
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County of Pitkin,State of Colorado
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'--. HAGMAN YAW ARCHITECTS, LTD
22 March 1984
Ms. Collette Penne
City of Aspen Planning
130 South Galena
Aspen, Colorado 81611
Re: Turley Lot Split
Dear Collette:
This letter is to inform you of Daniel B. and Pamela B. Turley's
intended access to the above mentioned property. Please disregard
last letter to Jay Hammond. The access will be constructed off of
Roaring Fork Road a minimum of twenty five feet from the corner
where Roaring Fork Road and Gillespite Street intersect. This will
be noted on the final plat survey.
Sincerely,
Hagman Yaw Architects, Ltd
~;ga~
Associate Partner
DG:sv
cc: Jay Hammond
210 SOUTH CALE'" SUITE 24 ,A,SPE~ COLORADO 81611 303~925"2867
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PLANNING OfflCf./'
MEMORANDUM
l_j___~_
1'0: COLEITE PENNE, Planning Department
FROM: JIH HOLLAND, Director of Parl<s~
DATE: March 22, 1984
RE: TURIEY LOT SPLIT ACCESS - TREES
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In response to Jay Hanmmd's meIIKJ of Harch 20 regarding the Turley Lot
Split Access, I would add the following conrnents.
Firstly, I would definitely not be inclined to approve a pennit for renxJVal
of the conifers along the Gillespie frontage. Secondly, I would heartily recom-
mend against consideration being given which would require the renxJVal of the
lower branches of these trees. While trimning of this sort can be done without
endangering the health of the tree, in my opinion it cannot be done without
destroying the natural beauty and syrrrnetry of the species. (Attempts at this
are nonnally referred to as "butchering".)
As far as functional use of the property goes, if I were going to be living
in a house situated on Lot I, I would be excessively protective of e:very limb on
those trees. ~-Jith 3rd Street running northward directly into this lot the way it
does, I'd be thankful to have their protection from all of that traffic, not to
mention all of those headlights.
I strongly reconrnend using the Roaring Fork Road access alternative.
Thanks .
CIT
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MEMORANDUM
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It FEB 13 1984: Ii
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~PfN I Pi fVIN r.i
DATE: February 14, 1984
TO: Colette Penne, Planning Office
FROM: City Attorney
RE: Turley Lot Split
We have reviewed your memo and its enclosures of January 26 and
have these comments:
1. The City record should reflect a formal grant of exemption
from the GMP quota under Section 24-11.2(d).
2. A statement of exception should be submitted by the appli-
cant's counsel, if Council approves the lot split.
3. The applicant should verify the application on the record
(Section 20-19(d)), and state facts warranting the grant of an
exception (i.e. not merely recite the law as set forth in Section
20-19(c)). -
4. Perhaps an engineering report under Section 20-9(a) is war-
ranted. We'll defer to you and/or engineering on that.
5. Perhaps Council will want the applicant's agreement to join a
sidewalk improvement, etc. district for neighborhood improve-
ments.
6. The plat should comply with Sections 20-15 and 20-16 (and,
you may want to have Engineering address the setbacks of existing
strutures -- is there a non-conformity that needs to be
addressed?)
7. A park dedication fee will be required under Section 20-18
(a)(3), for the added buildout.
8. Has proof of ownership been provided?
BDE/mc
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MEMORANDUM
TO:
Colette Penne, Planning Office
Jay Hammond, City Engineering~
FROM:
DATE:
February 14, 1984
RE:
Turley Lot Split
-------------------------------------------------------------
Having reviewed the above application, and made a site inspection,
the City Engineering Department has the following comments:
1. The application refers to Daniel B. and Pamela B. Turley. The
owner's and attorney's certificates on the plat should contain
both names if the property is owned by Daniel and Pamela.
2. Prior to recordation, the following items should be added to
the plat:
a. There are several very large trees on the property
that will require City approval to remove. All
the large trees should be shown on the plat.
b. Indicate the date the survey was performed.
c. The City Council approval certificate should be
amended to read ".. approved by the City Council
on the day of , 1984, and signed this
day of , 1984."
3. There exists an irrigation ditch in the Roaring Fork Road
right-of-way. This ditch should be indicated on the plat and any
new access to lot one from the Roarking Fork Road will require
a culvert by the owner.
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MAR 2 7 1984U
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Pl "''\!NiNG OFFICE
FROf;:
Colette Penne, Planning Office
Jay Hammond, City Engineering ~
TO:
DATE:
flarch 20, 1984
P".
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Turley Lot Split Access
-------------------------------------------------------------------
I have received a letter and site survey from Doug Graybeal
of Hagman-Yaw Architects regarding proposed access to lot one
of the Turley Subdivision. The survey indicates a minimum twenty-
five foot setback for access purposes from the southwest corner
onto either Gillespie or the Roaring Fork Road frontages. The
setback on the Gillespie frontage would place the access in
the area of several good-sized trees in, and adjacent to, the
right-of-way. All of these trees are of sufficient size to
require City permission for removal. I would suggest that the
City would not be inclined to permit removal of the trees in
this area, particularly those in the right-of-way and that there
is therefore no adequate point of access on the Gillespie frontage
other than the opening between the large trees adjacent to the
easterly property line. We would further point out that the
opening between the trees adjacent to the easterly lot line
of lot one is probably the only location on the Gillespie frontage
that is sufficiently offset from the intersection with Third
Street to eliminate confusion for drivers approaching the inters-
ection from the South. This location Vlould require substantial
removal of the lower tree limbs on both trees to allow access
between them. Perhaps Jim Holland should comment as to how
much this would damage the trees.
I would suggest that from a technical standpoint, access should
be limited to anywhere along the Roaring Fork Road frontage
more than 25 feet from the southwest property corner or the
area on the Gillespie frontage bet\~een the hlO large trees adjacent
to the easterly property line. Should the Park Director express
concern regarding trimming the trees, however, this may be limited
to just the Roaring Fork Road frontage.
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MEMORANDUM
TO:
Aspen City Council
FROM:
Colette Penne, Planning Office
RE:
Turley Lot Split
DATE:
February 27, 1984
APPROVED AS TO FORM:
LOCATION:
A parcel being part of Blocks 91, 92 and Third Street,
Hallam's Addition (the northeast corner of the inter-
section of Roaring Fork Road and Gillespie Street)
ZONING:
R-6
APPLICANT'S REQUEST:
A subdivision exception for the purpose of a lot split and a GMP exemp-
tion permitting construction of a single-family house on the newly-
formed lot.
REFERRAL COMMENTS:
The City Attorney's Office commented that the City record should reflect
a formal grant of exemption from the GMP quota under Section 24-11.2(d);
a statement of subdivision exception will be required if the lot split
is approved; applicant should agree to join future improvement districts;
the plat must comply with Section 20-15 and 20-16; and the applicant is
alerted that there will be a park dedication fee at the time of con-
struction.
The City Engineering Department made the following points:
"1. The application refers to Daniel B. and Pamela B. Turley.
The owner's and attorney's certificates on the plat should
contain both names if the property is owned by Daniel and
Pamela.
2. Prior to recordation, the following items should be added
to the plat:
a. There are several very large trees on the property
that will require City approval to remove. All the large
trees should be shown on the plat.
b. Indicate the date the survey was performed.
c. The City Council approval certificate should be amended
to read ". . . approved by the City Council on the
day of , 1984, and signed this day
of , 1984."
3. There exists an irrigation ditch in the Roaring Fork Road
right-of-way. This ditch should be indicated on the plat
and any new access to lot one from the Roaring Fork Road
will require a culvert by the owner."
PLANNING OFFICE REVIEW:
The minimum lot area requirement in the R-6 zone is 6,000 square feet.
The total size of this parcel is 15,917 square feet, and the resultant
lot sizes after subdivision will be 9,496 square feet and 6,421 square
feet. There are non-conforming structures on the lot (in terms of set-
backs) but this lot split does not increase that non-conformity.
A subdivision exception, pursuant to Section 20-19 is appropriate for
this division of land. The shortened procedure allows the property
owner the reasonable use of his land and the enjoyment of a substantial
....'-'.....
.
MEMO: Turley Lot Split
February 27, 1984
Page Two
property right. The granting of the exception will not be detrimental
to the public welfare or injurious to other property in the area. The
development of the subsequent lots will be limited to single-family
dwellings, unless an exemption is received for an employee unit or a
free-market unit is granted through Residential GMP competition.
A GMP exemption is being requested per Section 24-ll.2(d) for the con-
struction of one single-family dwelling. This is allowable since the
lot is being formed after November 14, 1977, and this parcel meets the
conditions of:
1. The tract of land which was subdivided had a pre-existing
dwelling unit;
2. No more than two lots are being created by the subdivision;
and
3. The lot under consideration has not previously been the sub-
ject of an exemption from GMP provisions or a "lot split"
exception or exemption pursuant to Section 20-19.
PLANNING OFFICE RECOMMENDATION AND COUNCIL ACTION:
The Planning Office recommends the following action:
"I move to approve subdivision exception for the purpose of a lot
split of the parcel described on the "Turley Subdivision" plat
and to further approve a GMP exemption (per Section 24-ll.2(d))
for the construction of a single-family house on the newly-formed
lot with the following conditions:
1. Applicant must record a Statement of Subdivision Exception
which is approved as to form by the City Attorney's Office.
2. Applicant must agree to join any future improvement dis-
tricts in the event they are formed.
3. The subdivision plat must conform to Sections 20-15 and 20-
16 and be approved by the City Engineering Department prior
to recordation.
4. A park dedication fee will be required for construction of
the new house.
5. The four plat changes outlined in the Engineering Department
memo of February 14, 1984, must be made prior to recordation
of the subdivision plat.
6. The subdivision plat must indicate that no further subdivision
may be granted for these lots nor additional units be built
without receipt of applicable approvals pursuant to Chapter
20 and an allocation pursuant to Section 24-11.1."
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February 20, 1984
City of Aspen
Ci ty Hall
130 South Galena St.
Aspen, CO 81611
Gentlemen:
The undersigned being the record owners of the property
described in Exhibit "A" attached hereto, join in an application
for a lot split by Daniel B. Turley and Pamela B. Turley of that
property into 2 separate single family lots. Daniel Turley has
full authority on our behalf to make such application.
Sincerely,
~/!u; ...:j. OUV:Ut/uiL
Telao S. c~arrella .
Angelina F. Caparrella
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AS-PEN I PliKIN cu
PLANNING OfelCE.
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Exhibit "A"
A parcel of land situated in the SEV, N~ of Sec. 12, T10S, R85Wof the 6th
P.M., being part of Blocks 91 and 92 and Third Street, Hallam's Addition,
described as follows:
Beginning at the Southwest corner of the Westerly Tract of property as sho'.u
on the Subdivision Exception Map of the C. F. Murphy Associates, Inc. Property
as recorded in Plat Book 10 at Page 56 of the Records of Pitkin County, "hence
the East It; corner of said Sec. 12 (A 1954 B.L.M. Brass Cap) bears S67027'47"E
1024.74' ;
Thence North 120.00' to the Northwest corner of said Westerly Tract;
Thence West 1.53';
Ibence North 0.74 ' to a Southerly corner of the property described in Book
411 at Page 514 of the Records of Pitkin County;
Thence West 32.06' along the Southerly houndary of the property described in
said Book 411 at Page 514;
Thence N8801l'OO'~ 35.33 ' along the Southerly boundary or the property described
in said Book 411 at Page 514;
Thence South 7.06 ' along the Southerly boundary of the property described
in said Book 411 at Page 514;
Thence West 65.00' along the Southerly boundary of the property described in
said Book 411 at Page 514 to the Easterly line of Roaring Fork Road;
Thence along the Easterly line of Roaring Fork Road 2,87' around a non tangential
curve to the left having a radius of 332.28', the chord of which bears SOOO
l4'5l'~. 2.87';
Thence South 113.67' along the East line of Roaring Fork Road to the ~orth line
of Gillespie 'Avenue. being 65' North of the North line of Block 100, Hallam's
Addition;
Thence N89015'18"E 133.92' along the North line of Gillespie Avenui'> to the
Point of Beginning.
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; \ Amerll~n Land Title Association Commitment -em :.ified 10/73
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
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STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed I nsured namedi~ Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
t .-,_.",-......... ............. _ ;
premiums and charges therefor; all Subject to the proyisions of Schedules A and B and to the Conditions
and Stipulations hereof'J~;' ., ?,~~&~~;)~5,~~~~: .,!~r
This Commitment shall be effectiveonlY-:\iVhen theideritity of the proposed Insured and the amount
of the policy or policies committed for have been !n,serted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement,
j.:}~;~~0;'<, ;':{, "-'~")~{~?:'>,"-"i
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six'months after the effective date hereof
or when the policy or policies committed for shall issue. whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company, This Commitment shall not be
valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date,"
S'l'EWART TITLE
GUARANTY COMPANY
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President
Chairman of the Board
S',/!/t'lif)' (J.r (()//(rt/I"
C'1601-16145
Serial No.
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SCHEDULE A
Order Number:
11987 C3
,. Etfectivedate: January 10, 1984 at 8:00 A.M.
2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured:
Daniel B. Turley, Jr. and Pamela B. Turley
B. AL TA Loan Policy
Proposed Insured:
c.
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Commitment Number:
Amour'll of Insurance
Premium
s 575,000.00
Tax Certificate
$1,098.25
5.00
s
s
3. The estate or interesl in the land described or referred 10 in this commitment and covered herein is fei! simple and title therefo is al the effective dale
hereof vested in:
Teleo J. Caparrella and Angelina F. Caparrella
4. The land referred to in this commitment is described as follows.
See Exhibit "A" attached
A
~
orized ounlerslgnature
Page 2
1652 (20M-4.83)
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STE"'ART TI'l'LB
GUARANTY COMPANY
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CONTINUATION SHEET
SCHEDULE A-No.4
Order Number: 119.87 C3 Commitment Number:
Exhibit "A"
A parcel of land situated in the SE~ NE~ of Sec. 12, TlOS, R85W of the 6th
P.M., being part of Blocks 91 and 92 and Third Street, Hallam's Addition,
described as follows:
Beginning at the Southwest corner of the Westerly Tract of property as shown
on the Subdivision Exception Map of the C. F. Murphy Associates, Inc. Property
as recorded in Plat Book 10 at Page 56 of the Records of Pitkin County, whence
the East ~ corner of said Sec. 12 (A 1954 B.L.M. Brass Cap) bears S67027'47"E
1024.74' ;
Thence North 120.00' to the Northwest corner of said Westerly Tract;
Thence West 1.53';
Thence North 0.74 ' to a Southerly corner of the property described in Book
411 at Page 514 of the Records of Pitkin County;
Thence West 32.06' along the Southerly boundary of the property described in
said Book 411 at Page 514;
Thence N880ll'OO'~ 35.33 t along the Southerly boundary of the property described
in said Book 411 at Page 514;
Thence South 7.06 t along the Southerly boundary of the property described
in said Book 411 at Page 514;
Thence West 65.00' along the Southerly boundary of the property described in
said Book 411 at Page 514 to the Easterly line of Roaring Fork Road;
Thence along the Easterly line of Roaring Fork Road 2.87' around a non tangential
curve to the left having a radius of 332.28', the chord of which bears SOOo
14'5l'~ 2.87';
Thence South 113.67' along the East line of Roaring Fork Road to the North line
of Gillespie Avenue, being 65' North of the North line of Block 100, Hallam's
Addi tion ;
Thence N89015'18"E 133.92' along the North line of Gillespie Avenue to the
Point of Beginning.
Page 2A
STK\\"ART TITLE
GUAHASTY COMPAS}.
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SCHEDULE B - Section 1
Order Number: 11987 C3
Commitment Number:
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record.
to-wit:
1. Deed or evidence of proper legal proceedings, approved by Stewart Title.
Guaranty Company, disposing of the interests of the following persons and
companies and their heirs and/or assigns:
(a) W. C. Mitchell
(b) The Hallam Land Company or all members of its last Board of
Directors, if dissolved
2. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office
of the Director of Finance, City of Aspen, that the real estate transfer tax
pursuant to city ordinance No. 20 (Series of 1979, has been paid or that conveyance
is exempt from said tax.
3. Deed from vested owner, vesting fee simple title in purchaser(s).
1653 (20M-4-83)
Page 3
STE'VART TI'1'LE
GUARANTY COMPANY
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SCHEDULE B - Section 2
Exceptions
Order Number: 11987 C3
Commitment Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Any and all unpaid taxes and assessments.
7. The effect of inclusion in any general or specific water conservancy, fire
protection, soil conservation or other district or inclusion in any water service
or street improvement area.
8. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite
recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156.
Exceptions numbered
are hereby omitted.
Page 4
STEWART TITLE
1654 (25M 3-83)
GUARAYTT COMPA!lIY
MEMORANDUM
TO:
4 Attorney
.,t:ity Engineer
FROM:
Janet Weinstein, Planning Office
RE:
Turley Lot Split
DATE:
January 26, 1984
Attached for your review is the material submitted by Andrew V. Hecht
on behalf of Pamela B. Turley for review for approval of a lot split
of property located on the northeast corner of Roaring Fork Road and
Gillespie Street in Aspen.
This item has been scheduled for review by the Aspen City Council on
February 27, 1984. Please review the materials and return your
referral comments to Colette Penne of the Planning Office no later
than February 13, 1984, in order for Colette to have adequate time
to prepare for its presentation before Council.
Thank you.
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GAlRfllElD & HECHT, P.C.
RONALD GARFIELD
ANDREW V. HECHT
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN. COLORADO 81611
TELEPHONE
(303) 925,1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
KATHERINE HENDRICKS
WIllIAM K, GUEST, P,C,
January 24, 1984
Planning and Zoning Commission
City of Aspen
130 South Galena Street
Aspen, CO 81711
RE: APPLICATION FOR SUBDIVISION EXCEPTION BY DANIEL B.
TURLEY, JR. AND PAMELA B. TURLEY
Dear Commission Members:
This is an application made pursuant to Section 20-19
(a) (1) (2) and (3) of the Municipal Code of the City of Aspen
("Code") by Daniel B. Turley, Jr. and Pamela B. Turley for an
exception from the strict application of the provisions of the
Subdivision Regulations. The applicants request that the
Commission approve the creation of two separate parcels as
delineated in Exhibit "A" excepted from the requirements of full
subdivision which may be freely conveyed and developed limited by
restrictions delineated in the Code and that such further
development activity be exempt from complying with the allotment
procedures pursuant to Section 24-11.2(d) of the Code.
It is submitted that this application for exception
complies with all of the Code criteria for the reasons
hereinafter set forth:
1. [T]here are special circumstances or conditions
surrounding the subject property such that the
strict application of the provisions of this
chapter for which an exception is sought would
deprive the applicant of the reasonable use of
their land.
Further, such development activity applied for
herein is exempt from the Growth Management Quota
System under City Ordinance No. 40 (Series of
1983) Section 4 of the Code and it would be unduly
burdensome to go through full subdivision.
2. For the same reasons as set forth in paragraph 1
above "... [t]he exception is necessary for the
preservation and enjoyment of a substantial
property right of the applicant.
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GARfIELD & HECHT. P,C,
Planning and Zoning commission
January 24, 1984
Page 2
3. In as much as the Code regulations indicate such
an interpretation is correct and the proposed
development will not exceed the permitted density
n... [t]he granting of the exception will not be
detrimental to the public welfare or injurious to
other property in the area in which the subject
property is situated.
The proposed development of the property shall be
limited by applicable requirements of the zoning code for lot
splits, limiting development to two single family dwellings, one
on each lot.
The Applicants have interest in the property sufficient
to make this application by reason of a Residential Contract to
Buy and Sell Real Estate between them as the Purchaser and Teleo
Caparrella and Angelina F. Caparrella as Sellers of the property.
The Caparrellas are the current owners of the property which they
have contracted to sell.
It is respectfully submitted that, for the foregoing
reasons, this application be approved.
Sincerely,
~7_'''' ~
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Andrew V. Hecht
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CASELOArl SlIMMARY SHEET
City of Aspen
PROJECT NAME: '\,-,,-<<..\'1 lo\- S(i'k\--
APPLlCANT:I1-A.-rI-lL(1'-., 1,. 1'1 (bOY: /Rd.~
REPRESENTATIVE: ~"..l'1
,
TYPE OF APPLICATION:
I. GMP/SUBOIVISION/PUO (4 step)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
II. SUBDIVISIONjPUD (4 step)
1. Conceptual Submission
2, Preliminary Plat
3, Final Plat
III.EXCEPTION/EXEMPTION/REZONING (2 step)
IV. SPECIAL REVIEW (1 step)
1
1. Special Review
"",0
t.-~ c..._-..:;\.-
n'<;, ";l,"
2. Use Determination
3. Conditional Use
REFERRALS: I
/ Attorney
./ Engineering Dept.
Sanitation District
--
~lountain Bell
Housing
Pa rks
Water
_~_Holy Cross Electric
City Electric
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'-
No,
Staff :
Phone:
0-['1
G,\Q..~"
Phone: '})<{'-I9Sc-.
(Fee)
($1,840)
($1,120)
($ 560)
($1,290)
($ 830)
($ 560)
($1,010)
($ ~
..'iT"
Da te Referred:
;/~h'i
I ,
School District
--
Rocky Mtn, Nat,Ga
State Hgwy. Dept,
Fire Chief
_.._Fire Marshall/Building Dept.
FINAL ROUTING:
Attorney
~ildi~9
Engineering
Other
Date Routed:
Other
~
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-
--
-
DISPOSITION:
CITY P&Z REVIEW:
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CITY "
-'.
Arplic~nt must record n St~tc~cnt of S~bdivision Rxception"
h'hicl1 i~; ar:prov0c1 21:.:: to for:-,l b~;" tl;c City }\,l:t:.ornc'y's Office.
p',~.1~;'J.ic0P"t flust 2,grc('; to jOi!""i 'Jn~/ ru'::u!:'c iEl.~.~rcv0m~nt-. lJi.:::tJ:lcts
in the event they are forccd. l
Th{~ subdivision pl,:'-t TJ1L:~ confcrc: to -~cctions 20-15 a.ncl
:}Q-16 tQ:c1 be .:~pprovc(l ~y tb2 City ~r:cd.n(?erin~: Dcpnrtr;10.nt
prior to recorc;'lti.~I~~
-4.
l'... pClrk cleclic,;)tion fr:'2 Hill be rer:ruircd for con~.Lrl1c:tion-
of the new h01JSC.
5.
Tile four plat chnngcs olltlined in the Enqincering Dep~:-tmcl)t
memo of February l~, l~S(, must be made prior to rccor~0tion-
of the subdivision rlot. r
The subdivision pInt ~!lst iIldicate that no further SUbdiV~ion-
~ay be granted for these lots nor adc1itiorlDl 1111its be b~ilt
\ vithollt receipt of ~:r,)~liCablC approva13 purSllDr,'t'~o ~h~.pter-
20 and an Qllocation rlursu~nt to SectiOtl ~~-11.1_
(\. CLt .e.. _
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7. l\cce~B \1ill bc Jirovi(~t:d nf: a minimum of j,:.w-e-:1-':'-Y -f~~e'fcct
~k251) from the eorlier ~.d1cre Roarins rork Poo.d and Ci.l1c~;1?ie-
Street intersect 2~e will be sJlown as such on the finfll
plat survey for rccor~2tion.'1
6.
CITY
Ordinance No,
/
I.1p,r'or.l':r-,~DU;j
TO:
Aspen City Council
FPOT-~:
Colette Penner Planning Office
D"7'.
....
'?urley Lot Sl?lit
Dl':TE:
I\pril 2! 1984
APPROVED AS TO FORM:
- __, - - - __ - __ __ - - __ - - - - _. - - __ - _. __ __ __ - __ - - - - - __ .__ __ e'" __ _ __ _ __ __ _ _ __ _ _ _________....__..._________._u...__._.+ --..---_._
__ __. ____ ___.___ ____..._ _._ _ _._____ _..._ _"..___"_ ..._.. __ ___ _.. _ . _ .._. ...__._n.__..___.._____"_____. __'u,_,_ ____.~__________
LQCJ\nQN:
A parcel being part of Block~ 91, 92 and Thir~ Street,
?allam's r,ddition (the northcast corner of the intersection
of Roaring Fork Road and Gillespie Street)
;?;ON..lNQ:
R-{)
APPLICA!lT~E_~~~:
1'\ subdi~...li.sion exception for the purpose of a lot split 2nc} a Gr::r.?
c::emption perrrlitting construction of a single-family house on the
newly formed lot.
1l,l':FERRl~Id;:,m-mEm's. :
The City Attorney's Office comneI1ted that the City record should
rE:<Elect 2 formal grant of exemption from the GI:P 0uota under Section
24-11.~(d); a statement of subdivision e~ception will be required
if the lot split is approved; applicant should agree to join future
improvement districts: the plat must comply with Section 20-15 and
70":16; ancl the o.pnlicant "is alerted thc,t there v,-i11 be a na.rk c1edicz'ttion
- . ~
fee at the tiIT.c of construction.
The Cit~/ Ensineering Department :r:lac1e the follo\'lin9 points:
n,
The application refers to Daniel 3. ana Pamela R. Tllrley.
The OVll1G'rS's and attorney's certificates on the plat shonld
contain both names if the property is ounecl by Daniel ana
?C1melo..
o
Prior to recordation, the followinq iteIT.s should be added
to the plat:
a.
There are several very large trees on the
that will require City approval to renove.
large trees should be shown on the plat.
prope rt:l
All thc
b. Indicate the date the survey was performed.
~.
The City Council approval certificate should be
to read I' . approved by the City Council
day of ~_______ 1984,. anc1 signed this
2nen(~~(~
on the
aa'?
of
_ ,~__~__..__.._.._. f
198.1. II
3. There exists an irrigation ditch in the Roarinq ForJ: Road
right-of-way. This ditch should be indicated on the plat
and any new access to lot one from the noaring Fork poad
will require 2 culvert by the owner. "
Following the meeting of February 27, 19B4, the Engineering Department
advisee that access should technically be li~itea to anywhere along
the noaring For!: ~oa~ frontage more than twenty-five feet (25') from
the southwest property corner or the cIrca. on the Gillespie fronta~!e
(bet\veen the tuo large trees adjacent to tbe eftstE::rly property line).
If the ~irector of Parl~s expressed concern regarding removal or trim~ing
of trees en the Gillespie side, access should be limited to just
the R02ring ~orl( Boad front2ge.
The Director of P~r!(s responeed that he would not be incline~ tu
-,------------
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Page 2
approve a permit for removal of the conifers along the Gillespie
frontage. Be further "heartily recommends against consideration"
of the removal of the lower branches of the trees. He strongly recommencls
using the poaring Fork Road access alternative.
PLANNING OFFICE REVIEW:
This item was tabled at your February 27, 1984 meeting to allow
Council members to do a site visit and to investioate alternative
access points. At present, the drive"lay is not sufficiently offset
from the Third Street intersection so as not to cause confusion with
Roaring Fork Road. As evidenced by the referral comments and the
attached letter from Doug Graybeal of Hagman Yaw Architects, Ltd.,
the preferred solution is to move the driveway so that it is accessed
off Poarino Fork P.oad and is at least twentv-five feet (25') from
the intersection. The Planning Office concurs with this solution,
as it eliminates the confusion at the intersection and protects the
trees. This solution will be advantageous to both the public and
tIle property owners, in our opinion.
The minimum lot area requirement in the R-6 zone is 6,000 square
feet. The total size of this parcel is 15,917 square feet, and the
resultant lot sizes after subdivision will be 9,496 square feet and
6,421 square feet. There are non-conforming structures on the lot
(in terms of setbacks) but this lot split does not increase that
non-conformi ty.
A subdivision exception, pursuant to Section 20-19 is appropriate
for this division of land. The shortened procedure allows the property
owner the reasonable use of his land and the enjoyment of a substantial
property right. The granting of the exception will not be detrimental
to the public welfare or injurious to other property in the area.
The development of the subsequent lots will be limited to single-
family dwellings, unless an exemption is received for an employee
unit or a free-market unit is granted through Residential Gnp competition.
l\ GrIP exemption is being requested per Section 24-11. 2 (d) for the
construction of one single-family dwelling. This is allovTable since
the lot is being formed after November 14, 1977, and this parcel
meets the conditions of:
1. The tract of land which was subdivided had a pre-existing
dwelling unit;
2. No more than two lots are being created by the subdivision;
and
3. The lot under consideration has not previously been the
subject of an exemption from GMP provisions or a "lot split"
exception or exemption pursuant to Section 20-19.
PLANNING~_...B.E.c.QMm:.1mAU.Q1LAND-.CmrncIL ACTION:
The Planning Office reco~~ends the following action:
"r move to approve subdivision exception for the purpose of
a lot split of the parcel described on the "Turley Subdivision"
plat and to further approve a GMP exemption (per Section 24-
11.2[d]) for the construction of a single-family house on the
ne\'Tly formed lot with the follOldns concH tions:
1.
Applicant must record a statement of Subdivision Exception
which is approved as to form by the City Attorney's Office.
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Applicant must agree to join any future improvement cistricts
in the event they are formed.
3.
The subdivision plat must conform to Sections 20-15 and
20-16 and be approved by the City Engineering Department
Pa.9t~ 3
prior to recordation.
4. ^ park dedication fee will be required for construction
of the new house.
5. The four plat changes outlined in the Engineering Department
memo of February 14, 1984, must be made prior to recordation
of the subdivision plat.
6. The subdi vi s ion pI at must indi cate that no further subdivision
may be granted for these lots nor additional units be built
without receipt of applicable approvals pursuant to Chapter
20 and an allocation pursuant to Section 24-11.1.
. n
7. Access will be provided at a minimum of twCfltJ [lQ~'feet
t'-j"~r from the corner where Roaring Fork Road and Gi11espie
Street intersect and will be shown as such on the final
plat survey for recordation."
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HAGMAN YAW ARCHITECTS, lTD
19 March 1984
Mr. Jay Hammond
City of Aspen Engineering
130 South Galena
Aspen, Colorado 81611
Re: Turley Lot Split
Dear Jay:
...
...
Co~ f'ElJkJi
This letter is to inform you of Daniel B. and Pamela B. Turley's
intended access to the above mentioned property. The access will
be constructed off of either Roaring Fork Road or Gillespie Street,
a minimum distance of twenty five feet from the corner where these
roads intersect. This is noted on the enclosed final plat survey for
this property.
DG:sv
Enclosure
Sincerely,
Hagman Yaw Architects, Ltd
J)Q<'(j ~JyfwJv
Doug Graybeal
Associate Partner
210 SOLJ11I G.'\Lt~,\ Sl III 14 A,"n~, COll.Jt.::\lJl') lJ1lJ' 1 ilj1"'I:.":<U,;'
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American Land Title Association Commitment" 1ified 10/73
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GU ARANTY COMPANY
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STEWART TITLE GUARANTY COMPA~f):', A Texas qo~poratio h ein called the Company, for
valuable consideration, hereby commits to",l~e its policy or policies 0 Ie insurance, as identified in
Schedule A, in favor of the proposed In$l.l '" Ie A, ~s ow or mortgagee of the estate
or interest covered hereby in the Ian in -Ichedule ,upon payment of the
premiums and charges therefor; all $Ubj heJ!j-les A and and to the Conditions
and Stipulations hereof, ,ill
This Commitment shall be effective
of the policy or policies committed
either at the time of the issuance oft
e proposed I nsured and the amount
chedule A hereof by the Company,
uent endorsement.
This Commitment is preliminary to
liability and obligations hereunder
or when the policy or policies co
failure to issue such polic r polki
valid or binding until cou er igned b
or policies of title insurance and all
months after the effective date hereof
chever first occurs, provided that the
,mpany. This Commitment shall not be
o~ agent,
"''',;
.ll~tl'il!f'~mitment to be signed and sealed, to
i!ie<i (}fficel'ori agent of the Company, all in accordance
'.1 thedj:lte shown in Schedule A as "Effective Date."
IN WITNESS WHEREOF. tl1 Com
become valid when countersign b
with its By' Laws. This Commitmen '
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President
Chairman of the Board
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Serial No. C'1601'20529
165 25M 5.83
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SCHEDULE A
Order Number:
11987 C5
Commitment Number:
1 Effe";,eda!e April 19,1984 At 8:00 A.M.
A AL TA Owner's Policy
Proposed Insured:
Daniel B. Turley, Jr. and Pamela B.
Turley
B ALTA Loan Policy
Proposed Insured:
Amount of Insurance
$ 500,000.00
Premium
$1,067.00
2. Policy or Policies to be issued
First National Bank of G1enwood Springs
Tax Certificate
$ 185,000.00
Form 100
Form 100.30
$ 5.00
100.00
20.00
51.58
c
$
3 The estate or interest in the land described or relerred to in this commitment and covered herein is lee simple and title thereto is at the effective date
hereof vested in:
Teleo J. Caparre11a and Angelina F. Caparre11a
4 The land referred to in this commitment is described as follows
See Exhibit "An Attached
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Authorized Countersignature
Page 2
STEWARrr TI'l'LE
GUARANTY COMPANY
1652 (20M-4.83)
--""
CONTINUATION SHEET
SCHEDULE A-NO.4
Order Number: 11987 C 5
Commitment Number:
Exhibit A
A parcel of land situated in the SE 1/4 NE 1/4 of Sec. 12,
TI0S, R85W of the 6th P.M., being part of Blocks 91 and 92 and
Third Street, Hallam'a Addition described as follows:
Beginning at the Southwest corner of the Westerly Tract of
property as shown on the Subdivision Excpetion Ma? of the C. F.
Murphy Associates, Inc. Property as recorded in Plat Book 10
at Page 56 of the records of Pitkin County, whence the East 1/4
corner of said Sec. 12 (a 1954 B.L.M. Brass Cap) bears S67"27'47"E
1024.74';
Thence North 120.00' to the Northwest corner of said Westerly Tract;
Thence West 1.53';
Thence North 0.74' to a Southerly corner of the property described
in Book 411 at Page 514 of the records of pitkin C nty;
Thence West 32.06' along the Southerly boundary 0 he property
described in said Book 411 at Page 514;
Thence N88"II'OO"W 35.33' along the Southerly bounda
property described in said Book 411 a ge 514;
Thence South 7.06' along the Southerly b ndary of
described in said Book 411 at Page 514;
Thence West 65.00' along th Southerly b
described in said Book 411 a Page 514 to
Roaring Fork Road;
Thence along the Easterly Ii e of Roaring Fork Road 2.87' around
a non-tangentia urve to the 1 ft having a radius of 332.28',
the chord of whl h bears SOO"l lOW 2.87';
Thence South 113. 7' along the ast line of Roaring Fork Road to
the North line of illespie Avenue, being 65' North of the North
line of Block 100, a lam's Additton;
Thence N89"15'18"E .92' along the North line of Gillespie
Avenue to the Point of Beginning.
of the
property
property
line of
County or Pitkin, State of Colorado
Page
s'rEWART TITLE
rllADAlIJTV ('nM~"'NV
--
SCHEDULE B - Section 1
Order Number. 11987 C 5
Commitment Number:
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to wi!:
1. Evidence satisfactory to Stewart Title Guaranty Company,
furnished by the Office of the Director of Finance, City of
Aspen, that the real estate transfer tax pursuant to City
Ordinance No. 20 (Series of 1979), has been paid or that
conveyance is exempt from said tax.
2. Deed from vested owner, vesting fee simple t~'t e in
purchased s) . ,
3. Deed of Trust from tbe Bor.rowe.r to~th~.e Public ruatee
use of tbe proposed lendey~.aecu~,.ye loan.
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Page 3
STEWART TITLE
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SCH EDULE B . Section 2
Exceptions
11987 C5
Commitment Number:
Order Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction
of 'he Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the publiC records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
6. Any and all unpaid taxes and assessments.
7. The effect of inclusion in any general or s ,cific water
conservancy, fire protection, soil cons vat'on or other district
or inclusion in any water service or 8tre "mprovement area.
8. Exceptions and Mineral Reservati\2s conta~ ed in Patent to
Aspen Townsite recordedOl' 7 in Book 139 at Page 216
as Reception No. 60156.
G
Exceptions numbered
are hereby omitted.
pege 4
STEWART TITLE
1654 {20M 1-84)
GUARANTY COMPANY
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CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument,
2, If the proposed I nsured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge, If the proposed I nsured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations,
3, Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment, In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein,
4, Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment,
STEWART TITLE
GUARANTY COMPANY
Page 5