HomeMy WebLinkAboutcoa.lu.ec.Shechter-155 & 165 McSkimming Rd. A49-96
CAsr",OAD SUMMARY SHEET. CITY ( ASPEN
DATE RECEIVED: 7/8/96
DATE COMPLETE:
PARCELID # 2737-181-04-012, & 011
CASE # A49-96
STAFF: Bob Nevins
PROJECT NAME: Shechter Lot Line Adjustment
Project Address: Lots 3 & 4, Block 1, Aspen Grove Subd., 155 and 165 McSkimming Rd.
APPLICANT: Irving Shechter
Address/Phone: 1794 Winterwarm Rd., Fal1brook, CA 92028, 619-728-9455
REPRESENTATIVE: Louis H. Buettner
Address/Phone: 0040 West Sopris, Basalt 81621 ----- 927-3611
FEES: PLANNING $450 # APPS RECEIVED 5
ENGINEER $0 # PLATS RECEIVED 5
HOUSING $0 .
ENV HEALTH $0 TYPE OF APPLICATION:
TOTAL $450 Staff Approval
AMT. RECEIVED $450
P&Z
CC
CC (2nd readin )
REFERRALS:
D City Attorney
,0"City Engineer
D Zoning
D Housing
D Environmental Health
D Parks
D Aspen Fire Marshal
D City Water
D City Electric
D Clean Air Board
D Open Space Board
D Other:
D CDOT
D ACSD
D Holy Cross Electric
D Rocky Mtn Natural Gas
D Aspen School District
D Other:
DATE REFERRED:
INITIALS:
DATE DUE:
APPROVAL:
Ordinance/Resolution #
Staff Approval
Plat Recorded:
Date:
Date:
Book
,Page
CLOSED/FILED
ROUTE TO:
DATE:
INITIALS:
MEMORANDUM
TO:
Nick Adeh, City Engineering
THRU:
Stan Clauson, Community Development Director
Dave Michaelson, Deputy Director
FROM:
Bob Nevins, City Planner
DATE:
July 15, 1996
RE:
Shechter Lot-line Adjustment
Lots 3 & 4, Block 1, Aspen Grove Subdivision
Parcel ID Nos.: 2737-181-04-011 and 2737-181-04-012
Attached is the development application for the Shechter Lot-line Adjustment. The lots
are located at 155 and 165 McSkimming Road within the Aspen Grove Subdivision. The
property is currently zoned R-15B, Moderate Density Residential, which requires
residential lots to be a minimum of 15,000 square feet.
Planning staff has reviewed the application and finds it to be an Exemption in accordance
with Section 26.88.030 of the Subdivision regulations.
Prior to final approval of the Lot-line Adjustment, we would like Engineering to review
the proposed Plat Amendment to ensure that it meets the Subdivision standards, conforms
to the requirements of the Land Use Regulations, and adheres to applicable State statutes.
Based upon Engineering's recommendations, I will request that the applicant's
representative, Louis Buettner, submit to Community Development for approval
signatures and recordation with the Pitkin County Clerk and Recorder, a Final Plat drawn
in permanent ink on 24 x 36 inch reproducible linen or mylar. The information will also
be submitted in a digital format pursuant to the City of Aspen GIS Subntission
Requirements.
(;) c:>~:-
7. Type of ~pplication (please check all that a plyl~
co~d~tional use
spec~al Review
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1.
project Name
ATTACJDU1tt 2
:t.AND USE APPLICAT:IO)1 to
LoT (..;;..It:4.~ J!>.Dj U<;''TM
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2. Project
MCS~..V0..M.L~
(lnd~ca~. is~r.e~ address,
3. present zoninq C2-
5 ~ Applicilnt ',. Name, AddreSS &. Phone
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6. R.presen~.1Iltiv.'. Name, Address &.
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804Q' Greenline
stters~ Mt\rqin
Mtj;l.; Villw Plane
Cohdbminiumizafion
Lot Split
: .
conceptual SPA
Final SPA
conceptual PUD
Final PUD
SUbdivision
Text/Map
X Amendment
Lot Line
Adjustment
s.
Descrift~on of Existing Uses (number and ty e
approx~m~te square. feet; number of bedroo ;
qrantea ~o the property):
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9. Descript~on of Development Application:
N.A.
,10~
y~u attached the following:
R~~pons. to Attachment 3, Minimum Submi
R~sponse to Attachment 4, specific Subm
Response to Attachment 5, Review Standa
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1794 WI N TUIWAflll nOAD
fALLBROOK. CA 92028:
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IRVING SHECHTER
1794 WINTERWARM ROAD
FALLBROOK, CA 92028
lIC. U3029B80 PH. 619-728.9455
3708
16-21f1220
?o -J\J "-.) 191k..
~1W0'~E AS-fi:<N/P'L11LI"-.! COMAA .1:IE3Iao-l'!ltf.'"'uc V$e.,.\!'Pc..! .$ 45o~
..fOt.\~..ttUI0~D ~..En"''' \ \. i ~
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FOR \X <;j ,f 'V9( Lt..4; Q "I ~ ~
I: ~ 2 2000 2 ~BI:Bq 702530711' 3 DB
DOLLARS
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1794 WINTERWARt1 ROAD I
FALLBROOK. CA 92028
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COMlVIUNITY DEVELOPMENT D PARTMENT
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A reerJe~t for Payment of City of As ent i A lcation Fees
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CITY OF! ASPEN (hereinafter CITY) and l ~ I N~ "S\-tE2CJ:-t 1: ~
(hereinaft~rAPPLICANT) AGREE AS FOLLOWS: i '
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1. 1 ; APPLICANT has $ubmitted to CITY an a~plication for
LPt L-INEA-p.,JUSTMB~ ! '
(hereinaft~r; THE PROJECT). i
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2.1 i APPLICANT understands and agrees thm !city of Aspen Ordinance
No. 53 (~eries of (995) establishes a fee structure tar ~Ianriing applications and
the payment of all processing fees is a condition precedent to a dJetermination of
applicatioh ~ompleteness. I.
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3. ! 'APPLICANT and CITY agree that becaubeof the 'size, nature or
scope of ~he proposed project. it is not possible at thisl time: to :l$certain the full
extent of ,the costs involved in processing the application. APPLICANT and
CITY fur~her agree that it is in the interest of the rarti~s wallow APPLICANT
to make ~ayment of an initial deposit and to th~r"eafter permit additional costs to
be billed ~o APPLICANT on a monthly basis. APPqCANT agjrees he will be
benefited:by retaining greater cash liquidity and will rhakeaddi~ionalpayments
upon notifi<;::uion by the CITY when they are necessalry as costis are incurred.
CITY ai!rbes it will be benetited through the greater certhimvof recovering its full
costs to-process APPLICANT'S applfCation~ i', -
4. I · CITY and APPLICANT further agree th~t it is i~practicable for
CITY st::lff to complete processing or present suffi 'ient. informatiOn to the
Planninetommission and/or City Council to enahle he Planni~l! Commission
and/or City Council to make legaliy required findings f r project approval, unless
current bi~lirgs are paid in full prior to decision. ,.
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IRVING SHECHTER
I 1794 WINTERWARH ROAD'
FALLBROOK. CA 92028 '
5. . Therefore,APPLICANT agrees that in cO~idetatiOIll of the CITY's
waiver o~ its right to collect fuJI fees prior to a dettrminlltioni of application
comple~ness, ,APPLICANT shall pay an initial deposi in th~ an!.ountbf $~PO
which is (or UNl.hoursof Planning staff time, and if ac al record~d costs exceed
the initial !deposit, APPLICANT shallpay additional m nthly billijIgs to CITY to
reimburse: the CITY for the processing of the appli ation mentioned above,
including post approval re'View. Such periodic paymen shaiIbe rnadewithin 30
days of the. billing date. APPLICANT further agr that failure to pay such
accrued costs sball be grounds for suspension of proce sing.
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CITY oF! MPEN
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By:. i :. \_ 4.-,..-
S :lausOn
Comm...ty Development Director
. , Sll"-';-H ?-P
By: .
Date: ?CL \uJ\)&-l9fl(.:,
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Mailing Ad~ressl:.
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JUN-07-1996 10:58 FRO~......,6PEN/PITKIN CO~I DEV TO :;1-16197289455-090 P.08
I~VING SHECHTER. .
W94 WINT E\lI~ARI1 110M
Ff\LLBROOK. CA 1le0a8j
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AT'1:ACBKElII'l' 3
Kinimum submission Contents for All Devel
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All Development Applications- shall include
fol1owlnqinformation and materials:
1.
The applicant's name, address and telep
within a letter signed by the applic
aa~ess and telephone number of the repr
t~act on behalf of the applicant.
The street address and legal descript on
which the development is proposed to oc
on
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parcel
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A! disclosure. of ownership of the
development is proposed to occur, con
c~rtificate from a title ~nsurance
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licensed to practice in the state of
names of all owners of the property,
j4dgments, liens, easements, contra
a~fecting the parcel, and demonstrating
apply for the Development Application.
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on which the
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istihq 'of a; current
or' iattprney
olorado, lis~in~ the
and all mqrtg;aqes,
ts . 'and acjreements
the~wn~r's !right to
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th~ s\Jbj ec~ parcel
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An 8'-1/2" X 11" vicinity map locatin
within the city of Aspen.
Ai written description of the proposal
written, graphic or model form of how th
cpmplies with the review standards relev
Application.
5.
nd an expladati~n in
pro~osed de~elOpment
nt to tHe Development
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-*4 LOL.ns .\-\...'i3uGTIN..E-f.;2-. \0 ~LJ~
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IRVING ~:JcCIlTE~
1194 \'I[IJlcili\t<;U1 hi'lM
rALLBHOOK. CA 92028
Attachment 3 Lot Line Adjustment Lots 3 & 4 Block 1, Aspen Grove Subdivision
1 & 2. I, Irving Shechter , Trustee of the Irving Shechter Trust Agreement and residing at 1794
Winterwarm Road, Fallbrook, CA 92028, Tel.# (619) 728 9455 have authorized Louis H.Buettner,
Land Surveyor and residing at 0040 West Sopris Creek, Basalt, CO 81621 Tel # (970) 927 3611
as representative acting on my behalf to present survey and land descriptions to the Aspen/Pitkin
Community Development Department in the matter of a lot line adjusment between Lots 3 & 4
Block 1, Aspen Grove Subdivision, (parcels 056- 04426 & 056..04428) M"SI4M.MI"'''' IZ-I;::>
3. Enclosed Quitclaim Deed. There are no mortgages, judgements, Liens etc., on these lots, and I
am the sole owner of record at this time.
4. Louis H. Buettner will provide necessary maps for this project.
5. I wish to adjust the lot line between Lots #3 and #4. Lot #3 will become larger by 650 to
750(est) sq ft, so that it will be larger than 15,000 sq ft and conform to Aspen Grove Subdivision
and Aspen R-l 5 subdivision requirements. Lot #4 will become lessened by this amount (650 to
750(est) sq ft. Lot #4 currently has mor than 19,000 sq ft and will still conform to the R..15
requirements. The existing road frontage corners and the front lot line arcs will remain the same .
The 7.5 ft utility easements between lots #3 & #4 will be changed to conform to their requirements
ng the ne t line.
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1794 WI1HtJII.,....RM liOAD
FALLBflOOK. eA 92028
Juli!>' Hane
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or~iJ' Ilttb, Mad. thl.
Lord .... thoUBalld Dine h11Jldnod ODd
17th day of
seventy-seven
Auguat
BETWEEN
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IRVING SHECIlTER
OUht Coullty 01 Pitkin
IRVING SIlEQiTER
of tht County of Pitkin and Stat. of Colonodo, of tho.......s port,
Wltaauo~ That tho laid port ie a of tho _ port, for ODd III ................ III .. _ III
OD DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION----- DOLLAJII,
to tilt aald port in of tho _ port In hODd paid bJ tho oald ...... Y _ III the .... port, ..
....pt whereof II h,""y COIlf_ ODd ocImowtodatd, ha ve '.-. nll'Blt, ..... .....,..
ODd Qalt-CIalmtd, ODd by th_ proI..ta do ........., rol..... ..... _, .. 'oil -. ate
tht aald port y of tht 8OCOIld port, hi a hel.. ODd uol... ....... .. .. rtpt, tItIt, ID-
..... oIabIllDd dlllWld whtoh tho aald portin of tht ftnt part have hi .. .. .. f. _...
'mll'"'" r..1 property oItuate, 111'" IDd bel", III tho OtatJIIl Pitkin
IDd Btate of 0aI0nd.. to-wlt:
and LISE B. SHECHTER
ODd Stato of CoIondo, of tht lint port, -'
Lots 3 and 4 Block 1, Aapen Grove SUbdivision,
according to the plat thereof on file .s document
number 106638,in ditch book 2-A, page 246, of the
records for Pitkin County.
There ia excepted from Lot 3, that tract of land
reserved in the deed recorded in book 225, at page
315 of the Pitkin County Recorda,
The lands are aubject to easement and building
restrictions now of record.
$ii,~: ::.- >: ::",'::,' FE~
SEP . PAlO
L.!r~.. Pd
To Bavo..d to Bold tho s.... Topthor with all ODd linllUlar tho ~.ll'- II .. PIMIoIw
thlNllllto bokmItDI or In lUl)'wl.. thoreunlo apportaIIlI"" ODd 011 tht ostate, rlPt. tItIt, J-...
and claim whallotvor, of tho aald partLes of the lint port, either .. IIIw 01' ....." .. 1M ...,
propar-. boDoftt ODd behoof of tho aald porty of tho _ port his hoIn....... r.-.
ID W1_ WII0n0f, Tho aald port iesof tho _ port have ~... ~heir
=:::=:~::':'7"jO :"",~~.: .~.~........._.
I~aft'lill.
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Coul.o/ Pitkin
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19th .., 0/ AuqUII"t
and LISE B. SRBCRTB.
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aeknowtMaed belon me thll
b" IRVING SHECHTER
Wltn... mJ bud .1Id oMdaIlMI.
U, ....11II..... ........ May 2, 1980
.tr~...!'t!i.~..._......iMii7..iaii....
".._.........01' '" ~ ~I.............. _.......-........................
111I!' CLlDl DIIID-
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1/0 12.C=~\IZ.I.c.::t"\,\J"E=- L.L5>v =-JVr>.'''1t9'-'':''l''T~";\.\nH ROAD
~\ ~ -:r:sz:: C I) 1,\Le2;:"0'. CA 5202B
for it to exercise the judgment required of it by these
information
Covenants.
9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any Owner or awners
of land within Aspen Grove SubdiviSion, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any Owner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
covenants and any rules or regulations duly adopted by the
Architectural Committee pu=suant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authoritv to promulaate Rules and Reaulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any Owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association IllAY
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any 1e..
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision, provided, however, conveyances or dedications of
easements for utilities may be made for les8 than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
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information
Covenants.
,
W\~~~ADJUSTMa t A\.-l.-@WP.~.
..--:>~ ,I<C:- /".=-.. W="?A.J. ~ SHCCHTE
(}0 ~-~\~~v-..........-- ~v "=-'JVtr';.I'-J1.f9~I~:rERW"'Rt\
~\~ ~(\) l.fU"Ov~.C"92
for it to exercise the judgment required of it by these
~.
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9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any OWner or OWners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act,. approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any OWner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pursuant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. 1\;uthoritv to Promulaate Rules and Regulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any OWner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
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IRVING ~~l:::.;n;:;l
H94 I'InHEIlI~AnM ROAD
FALLBflOOK, CA 92026
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Notwithstanding the foregoing, a lot line adjustment between two
(2) lots in Aspen Grove Subdivision shall be deemed a permitted
subdivision, subject, however, to any reviews or disapprovals that
may be required by the City of Aspen Land Use Code. Nothing
contained herein shall be deemed to prohibit the ownership of
property by more than one person in the form of a general part-
nership or tenancy in common so long as such ownership is not
intended to result in, and does not have the effect of, creating a
subdivision of the property or a timeshare ownership situation.
2. Domestic Animals. Pets shall be permitted subject
to any rules and regulations which may be promulgated by the Board
of Directors. Dogs shall be kept under the control of the owner at
all times and shall not be permitted to run free or to cause a
nuisance in the Subdivision. No dog shall be permitted to run free
or disturb trash at any time and, particularly, on days where trash
pick-up is scheduled within the Subdivision. Without limiting
other remedies available to the Association, the Board of Directors
may adopt a schedule of fines which may be imposed upon owners for
pets which are a nuisance and, particularly, for dogs running at
large, disturbing trash and barking. There shall be no farm
animals permitted in the Subdivision. Notwithstanding the
foregoing, no animals may be kept within a lot or the residences
which, in the good faith judgment of the Board of Directors or a
committee selected by the Board of Directors for this purpose,
result in any annoyance or are obnoxious to residents in the
vicinity. Any dog deemed a nuisance or a threat may be removed by
the Homeowners Association following reasonable notification to an
owner or tenant.
3. Underaround Utilitv Lines. With respect to the new
construction or extension of any utilities, all sewer, gas, elec-
trical, telephone, and other utility pipes or lines within the
limits of Aspen Grove Subdivision shall be buried underground and
not be carried on overhead poles or above the surface of the
ground. Any areas of natural vegetation or terrain in Aspen Grove
Subdivision disturbed by the burying of utility lines shall be
revegetated by and at the expense of the owner or Owners causing
the installation of the utilities no later than the next growing
season following installation. At the time of construction of any
addition, substantial remodel or installation of new improvements
on any property which currently is connected to utilities through
an above-ground service line, the Architectural committee may
require the owner to reinstall the service line underground.
4. Service Yards and Trash. Equipment, service yards
or storage piles on any lots may be permitted during construction
if they receive Architectural Committee review approval. All
rubbish and trash shall be removed from all lots in Aspen Grove
Subdivision and shall not be allowed to accumulate and shall not be
burned thereon.
7
\:UIISBH MID RATXI'XCATXO. 01' I'D DB ..a&TIO. OI'"Y;:'I9,. ~:\:..~:.;1f;~ ~OAO
PROTBCTr COVB!IAliTS 01' ASPB. GROV]I......t1BDIVXSX~.rLl\\;i)L;(:'~^.SLO,,8
/wr).e.<< MetSJ "
@../'"3 THIS CONSENT AND RATIFICATION OF THE DECLARATION OF PROTECTIVE
COVENANTS OF ASPEN GROVE SUBDIVISION is made a part of that certain
Declaration of Protective Covenants of Aspen Grove Subdivision
("Declaration") dated the 30th day of December, 1994, and recorded
on , 1995 in Book at Page____in the records of the
Clerk of the Court of Pitkin County, COlorado.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
SUfficiency of which are hereby acknOWledged, the undersigned,
e as
the record owner(s) of Block NO.1-Lot No.part of 3 and ail ~f 4
(see Exhibit Al Aspen Grove SubdiVision, Pitkin County, COlorado,
under that certain deed recorded ADril 6. 1987, in Book~ at Page
869 in the records of the Clerk and Recorder of Pitkin County,
Colorado (the "owner") hereby consents and ratifies the provisions
of the Declaration and agrees that his/her/its ownership interests
shall not adversely affect the existence or continuing Validity of
the Declaration, which Declaration shall run with the land known
as Aspen Grove Subdivision and remain in full force and effect as
if such Declaration were delivered and recorded prior to the
delivery and recording of the deed.
IN WITNESS WHEREOF, the undersigned has executed this
Declaration of the Protective Covenants.
~~.~~)U <t.
STATE OF
~
.c:l.,1 ~ [1"/
COUNTY or PIT ;:/
OWNBR(SJ 01' BLOCK .O.....L.LO!' IfO.Dart of 3
and all ot .. ASP.1f GROVE 8VBDIVISIOIf,
PI'l'JtIIf COD!ITY. COLORADo
"'"f~ ~~
)
)
)
The foregoing was acknowledged before me this
of ..JA.N. 0 ^~ , 1995 by I B-.Y \ N4>, ':S Ir\ 1sc::: \-\ t e:.."'R...
record owner of Block Number I Lot NUmber~,
Subdivision, Pitkin County, Colorado.
Witness my hand and official seal.
~..:) <1/ /J/ IOr)-7
My commission expires: ..... J.2J ",'1 ~> /;./ . /
. .) / f? '-..;;/ ~JJ/ -;-/
( Xc'{ v' /~:/. /// eEf/I--a
No€aryPublic
-:? I '!I day
as the
Aspen Grove
CHERYl L MARTINI
COMM. .,001lM7
frlD1Mr~.CM.FOANIA
---
....-&".......'117
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".' ,.",,:,.,tlI\~WI hO.MD
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,-I-.LLHHOOK. C^ s~ r.:.
EXHIBIT "A"
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, Pitkin County, Colorado~
EXCEPTING that portion lyinq Southwesterly of a line drawn between
a point on McSkimminq Road, beinq 2 feet Northwesterly of th; .ost
Southerly corner of said Lot 3 and a point N. 24 59' E. 17.00.t.~t
froll the most Westerly corner of said Lot 3. Subject thist ia u~i1ity
easement shall b. established and reserved for the us. of both the
grantor and the qrantees herein, their heirs and asaiqns, with said
utility easement to be 7 1/2 feet, even width, on either side of
the above mentioned drawn line. Also, subject to building
restrictions recorded as Document No. 106784 in Book 184 at paqe
479 in Pitkin County Records.
;U:,-07-1995 10: 57 FF"JI'I <=iSF'=I:/F' : -
_"...' r.,::-'
-.- ._,-'
~,-;
?<.S:.97289L.55-!C30 0.07
5.
ATTACHM1:NT 2
:t.AND USE APP~ICATION
project Name LoT /"-"U:..-\.~ADjU<7'TM
Project Location L-oT5> ~~"T ~~ l ~\I~70~\\JL~IC>J.0
\
MCSlLl,MM.L~ eJ(J Co<.....o B t~l \ lL
(Ind~Ca~Bs~reet address, lot & blocK n~er, legal d scriptiQU wbere appropriate)
.::ft:~ 14+'-1.0$. Sf(PT"
Present zoning C2- \ '5 4. Lot izeJ:!; 1-\ 0000 + $~ ~\
Applicant's Name, Address & Phone No. \Qj{\ ~ ~~
I .
..I::a.4- . lrV IN n=t? VVA!2.M '?P .t:=Al(-'e:>t200~fA C{ -;02.f!::, (b (~) 1fZ8 '14-S5,
I
Represanjtative's Name, Address & Phone No. ~Ul$ J.l"BU=\dv!2:f2..
I\G..~ "\/to' ~H.~~ II ..
~
Fa,
IRVING ~~I~CHTER
1 794 WINr::...H~'.Ai\r-\ r;0AD
::ALLB~CC'(\. CA 92028
1.
2.
3.
6.
(;) c:>..'tO""(..U~\ So..(2....\.~
7..
Type of Application (please check all that
spec:ial Review
8040 Greenline
Conceptual SPA 1- Conc:eptu,al Hist. nev,
Final SPA I Final Hi5tOriC Dev.
1-
, '
Conceptual PUD I Minor Iii'storic Dev.
I-
I
Final PUD I Historic Demolition
I-
I
SUbdivision Historic Designation'
, '
,
Text/Map :CMQ~ Allotment
X Amendment
Lot Line GMQ~ Ex~pt;i.on
Adjustment
Condlitional Use
stteillm Margin
Mtn. View Plane
Cohdbminiumization
Lot Split
s.
Description of Existing Uses (number and t':, e
approx~m~te square feet; nUlllber of bedroo~;
granted 'to the property) : '
f..S.A.
,
of 'existing structure. I,
any previoulI approval.
!
, .
, ,
9. Descript~on of Development Application:
N.A..
. !
.
,
10'.
HaVe
~
!:0-
1:L A..
Y9U attached the following:
R~5ponse to Attachment 3, Minimum Submi
R~sponse to Attachment 4, Specific Subm
Response to Attachment 5, Review Standa
. ,
, I
siOilcontents
.' I . i ;
IisJ.on (:ontanlts
ds f9r Your Application
ldas, chy 'at.~aclua.n-t2
JUN-,J'(-199b
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t-~Ul'1
Hbt-'I::.N/)-'llf':'..l!-'J '___' ;,-,
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I ASPEN/PITKIN I
COl\tmtrUNITY DEVELOPMENT DEPARTMENT
I . I '
A reenle~t for Payment of Citv of As n Devel I entA ication Fees
I '
IRVING SHECHTER
1794 WINTtRWAR~ ROAD
FALLBROOK. CA 92028
, I
,
I ,
CITY OFI ASPEN (hereinafter CITY) and l ~lN<tr. SH~1 ~
(hereinafter APPLICANT) AGREE AS FOLLOWS; I
,
1. ..
LOT L-I Nt=.. .A-P-JOSTM8~
(hereinaft~r. THE PROJECT).
I
APPLICANT has submitted to CITY an application for
I
:
2. . APPLICANT understands and agrees that iCityof Aspen Ordinance
N" 53 (Series at" 1995) establishes a fee structure tOr Planning applications and
the paym~nE of all processing fees is a condition precedem to a determination of
apr" 'ion completeness. :.
I
I
I
3. I APPLICANT and CITY aeree that becaukeof the size. nature or
scope of the proposed project. it is not ~possible J, this! time to .:1scerrn.in the full
txre:Jr of, the costs involved in processing the ~ppiic*io:1. APPLICANT and
CITY further agree that it is in the interes~ of the narrib ro .:1lIow APPLICANT
I _ .. I
to make payment of an initial deposit and to thereafter ;permit additional costs to
be billed to APPLICA,\iT On a mOnthly basis. APPUCA,\iT agrees he will be
benetited .by reto.ining greater cash liquidity and will olake additional payme:Jts
upon notitication by the CITY when they are necess*y as costs are incurred.
Cry aerees it will be benetited through the greater Certllinrv of recovering its full
co, cs to-process APPLICANT'S appllC.:1tIOn.- ... _
I
I
4. CIT'! and APPLICANT further agree th~t it is impro.cticable for
CrfY staff to complete processIng or present suffi~ient information to the
P'"nning 'Commission -.ind/or City Council [0 enahle ~he Planning Commission
o.ndior City Council to make legally required findings tor project appro"a 'tnless
CUrrent billings are paid in full prior to decision. I .
q.
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JUrl-07-19% 10: 56 FROl1 ASPEIVF'ITKIII CDI'! DEV
TO
9-16197289455-090 P.06
I
I
5, . Therefore, APPLICANT agrees that in CO~deJ;atiOn: of the CITY's
waiver ot: its right to collect fun fees prior to a determinlltiOIl! of application
complet~ness, .APPLICANT shall pay an initial deposir,in the amount of $4&i::);>o
which is fbr. UNL.hoursof Planning staff time, and if ac al record~. d costs exceed
the initial deposit, APPLICANT shall'Pay additional m nthly biUmgs to CITY to
-.,., the CITY lb' the P""'","", of the a~ation meOtion<d above,
includmg post approval. review. Such periodic paymen shall be made within 30
days of the billing date. APPLICANT further agr that failure to pay such
accrued costs shall be grounds for suspension of proce ing.
, I
I
I
IRVING SHECHTER
1794 WINTERWA"M ROAD
FALLBROOK. CA 92028
CITY OF! ASPEN
~';;:
By:. i . / \) "- .. -
S '. lausOn
CommbQity Development Director
. SUr-.; H-T-t=i2..
By:
i
Date: 3Ch \UtV&- l CfB (P
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Mailing Ad~ress':
,
t1q~ WlN,."T""==> N~ 'i2...D
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R>.~~~ CA 9 z...oV5
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JUII-07-~ 996 10: 58 FROI ,,;PEWP lTk I H CDM DEI)
TO
AT'l..CRKElIl'l' 3
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'3-161972:=:'3455-09[1 F'. 08
h"I "G Nl~"'HTCR
If1'f.n ,-' "-'.-'.',' =-:'
11794 YJINTC-ri\\,\i1M ~(;~
Fr\LLSiiCOK. CA 92028
I
KiniDum Submission Contents for A~~ Devel pment Applications
I ' '
,
All Development ApPlications- shall include
following information and materials:
at a minimum) the
,
The applicant's name, address and teleph ne number, ~ontFined
within a letter signed by the applic t stat:i!ng the nue,
address and telephone number of the repr sentati"e authorized
I .
to act on behalf of the applicant.
2. The street address and legal descl:"ipt on of the parcel on
whi~h the development is proposed to oc ur.
.. 4.
1.
A, disclosure of ownership of the ~arcel on which the
d~vel. opment is proposed to occur, con istingof ai current
cl'lrtificate from a title insurance ompany, or. lattPrney
lioensed to practice in the state of qolorado, lisring the
names of all owners of the property,l and all mqrtgages,
judgments, liens, easements, contra ts and agreemen
affecting the parcel, and demonstl:"ating the ~wner'5 Iright t
apply for the Development Application. '
3.
An 8-1/2" X 11" vicinity map locatin
within the City of Aspen.
5.
Ai written description of the proposal
written, graphic or model form of how th
cpmplies with the review standards relev
Application.
!das:at:t3.minimum
-*4 LOUtS K.'8Ue\\N.t==..?-- ,0 ~U~
"f'u.cr 17~ u::rrs 3 ,"\.4- y, WC-lL.. \
th~
I
subj ect pal:"cel
I
:
I . .
nd an eXplanatlon In
proposed de~e1opment
nt to tHe Develo!?ment
,
Wt"ti-\ NJ.. a.fD cc=:p
1?GN <::t~ $VBP,
,_.._-,.....,..........;,~."_....'><,.;,.~.~....,......, ,'"~.._-~"',-..
,or'
IRVING. ~~ESHTCR
1lQtl wl!~.r " tll":' , : ;,",~D
..... ,. ~; ',;, -~ ", ' c_, '....;;c;
r=ALL8ril,..vl(. CA .,:_,-,~...'
Attachment 3 Lot Line Adjustment Lots 3 & 4 Block 1, Aspen Grove Subdivision
1 & 2. I, Irving Shechter , Trustee of the Irving Shechter Trust Agreement and residing at 1794
Winterwarm Road, Fallbrook, CA 92028, Tel.# (619) 7289455 have authorized Louis H.Buettner,
Land Surveyor and residing at 0040 West Sopris Creek, Basalt, CO 81621 Tel # (970) 9273611
as representative acting on my behalf to present survey and land descriptions to the Aspen/Pitkin
Community Development Department in the matter of a lot line adjusment between Lots 3 & 4
Block 1, Aspen Grove Subdivision, (parcels 056.. 04426 & 056-04428) M" '5>\A.I\I\MI"'''' ","I;:>
3. Enclosed Quitclaim Deed. There are no mortgages, judgements, Liens etc., on these lots, and I
am the sole owner of record at this time.
4. Louis H. Buettner will provide necessary maps for this project.
5. I wish to adjust the lot line between Lots #3 and #4. Lot #3 will become larger by 650 to
750(est) sq ft, so that it will be larger than 15,000 sq ft and conform to Aspen Grove Subdivision
and Aspen R-15 subdivision requirements. Lot #4 will become lessened by this amount (650 to
750(est) sq ft. Lot #4 currently has mor than 19,000 sq ft and will still conform to the R-1 5
requirements. The existing road frontage corners and the front lot line arcs will remain the same.
The 7.5 ft utility easements between lots #3 & #4 will be changed to conform to their requirements
ng the ne t line.
r
~OJ\JNG-qb
--
~~
@-~
IRVING ~HECHTER
1794 WItH tH\V"R~, R~AO
FALLB"CCK. CA ~2028
9th Ser
.... lor -.. 11Io....___..40, 011.....
( "'. I
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......... 110.....:._.................
'.~~~ t. D. It.??. .t.~Q.~"..f...I(.
~,..,{ Af,]" \_f' i' \)
Julie" Hane
........................-.----.--.............._._....._a__.
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III
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tlC~t. Ilttb, Made this 17th day of August
Lori ODe thousand nine hundred and seventy-seven BETWEEN
IRVING SHECHTER and LISE B. SHECHTER
at the County of Pitkin and State of Colorado, at th.1Int put,...
IRVING SHECHTER ,
at the County of P~ tkin and State of Colorado, of the I8COIId put,
Wltaeueth, That the said perties of the first pert, for IIId bI. -.ld..... III the _ III
ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION----_ DOI.r.....
to the laid part ies of the lint part In hllld paid b, the .ald put y .. III the ...... put, ..
l'tClIi]lt whl1'eOf fa hereby confeued ad aoImowledpcl, ha ve ntmlllCl, Nltued, ..... OGM.,"
&Dd QuIt-Claimed. &Dd by th... prtIl!lt. do remlIt, re1e..., 1tII, MIlftJ. ... QIIt.CIIta ....
the laid part y of the ItCOnd part, his heln &Dd ....1... tol....... II the ItIht. l:ltIt, ...
tereIt, cIaIm &Dd demand which the Aid parties of the ftl'lt put have ha..... ... f IJ....
d-.r!W real prop.r ty lituate, Iytlll and bthIr In the Cleaat1 III Pi tk in
aDd State at Oolondo, to-wlt:
III tIat year of our
8lD334 1WiE8 5
Lots 3 and 4 Block 1, Aspen Grove Subdivision,
accordinq to the plat thereof on file as document
number 106638, in ditch book 2-A, page 246. of the
records for Pitkin County.
There is excepted from Lot 3, that tract of land
reserved in the deed recorded in book 225, at page
315 of the Pitkin County Records.
The lands are subject to easement and building
restrictions now of record.
$i;.;: :: : .'::: fr~
SEP PAID
S .."f.. tf5.---:
-~ ,"'~
'. .'
... .'
.u....u.u.....nu.........................................................._...
To Bave 8Ild to Hold the S..e. Topther with all and einplar the ~ .. pat.......
thereunto beIOJlIfDa' or in anywise th.reunto appert&lnilll', and aU the IItate, riIId. tItII. ,.u_
and cIafm whataoever, of the Aid parties of the lint part, either bI. ..... 01' ..... .. 1M ...,
proptl' 1118, benefit and behoof of the eald part y of the second part his hem. ... - '<r- fal...
Ia Wlt:Deu Wh-r, Th. eald part iesof the 11m part have ~.. their
='~:ds=V:::=:;e :!h..~~.- .Lf.1:.~.............
I~arn:R .
......................................................................... ,
~.~~.,~.~.~.........
LISE B. SHEarnR .
.............................u................................................
_n......u........................................................................
8TATB 0.. COLOaADO,
Coul1of Pi tkin
}... ll'I'Alv._r MKl_!"....-.
".",,1 '117,,1"'"
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" .'jot. "'0,.,'
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TIle...l J.' all.tl
acknowledged befo... DIe lhlo 19 th ..., '" Auquat.
by> IRVING SHECHTER and LISE B. SllEarrBa
.-
, "77
Wlla... my hand ..... olIIel&l Mal.
M)' commllllOJl Izpt_ May 2, 1980
.tr~...lJtfl~............H.iiiI;..~lt;:;._...
.Jt aoU.. In ..1&1 or NiP._.......... ........ 1.1Ift II&DM ... ... ..... __ .. ... .... .......
<
~~
(ID-::,
information
Covenants.
w'T .~.;~~ADJUS~, A~WA-;;~
().J ~\~c:..::t'\-\fE=- C&V8N~\ii'SI\\A8ri.RQAO
~\~ ~(l) I-"U"cc,\. CAScO.<B
for it to exercise the judgment required of it by these
9. Architectural Committee Not Liabl~. The Architec-
tural Committee shall not be liable for damages to any person or
entity submitting any plans for approval, or to any OWner or OWners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any OWner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pu=suant to these Covenants.
lO. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications inClUding one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authori tv to promulaate Rules and Reaulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerning the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regarding
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any Owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove SubdiviSion shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
6
. .
IRVING :- ::::;.:T=:~
1794 WIN ::m\J...r~M ROAD
FALLBitOO . CA 92028
Notwithstanding the foregoing, a lot line adjustment between two
(2) lots in Aspen Grove Subdivision shall be deemed a permitted
subdivision, subject, however, to any reviews or disapprovals that
may be required by the City of Aspen Land Use Code. Nothing
contained herein shall be deemed to prohibit the ownership of
property by more than one person in the form of a general part-
nership or tenancy in common so long as such ownership is not
intended to result in, and does not have the effect of, creating a
subdivision of the property or a timeshare ownership situation.
2. Domestic Animals. Pets shall be permitted subject
to any rules and regulations which may be promulgated by the Board
of Directors. Dogs shall be kept under the control of the owner at
all times and shall not be permitted to run free or to cause a
nuisance in the Subdivision. No dog shall be permitted to run free
or disturb trash at any time and, particularly, on days where trash
pick-up is scheduled within the Subdivision. Without limiting
other remedies available to the Association, the Board of Directors
may adopt a schedule of fines which may be imposed upon Owners for
pets which are a nuisance and, particularly, for dogs running at
large, disturbing trash and barking. There shall be no faJ:1ll
animals permitted in the Subdivision. Notwithstanding the
foregoing, no animals may be kept within a lot or the residences
which, in the good faith judgment of the Board of Directors or a
committee selected by the Board of Directors for this purpose,
result in any annoyance or are obnoxious to residents in the
vicinity. Any dog deemed a nuisance or a threat may be removed by
the Homeowners Association following reasonable notification to an
Owner or tenant.
3. Underaround Utilitv Lines. With respect to the n_
construction or extension of any utilities, all sewer, gas, elec-
trical, telephone, and other utility pipes or lines within the
limits of Aspen Grove Subdivision shall be buried underground and
not be carried on overhead poles or above the surface of the
ground. Any areas of natural vegetation or terrain in Aspen Grove
Subdivision disturbed by the burying of utility lines shall be
revegetated by and at the expense of the Owner or Owners causing
the installation of the utilities no later than the next growing
season following installation. At the time of construction of any
addition, substantial remodel or installation of new improvements
on any property which currently is connected to utilities through
an above-ground service line, the Architectural Committee may
require the Owner to reinstall the service line underground.
4. Service Yards and Trash. Equipment, service yards
or storage piles on any lots may be permitted during construction
if they receive Architectural Committee review approval. All
rubbish and trash shall be removed from all lots in Aspen Grove
Subdivision and shall not be allowed to accumulate and shall not be
burned thereon.
7
..
',wfJe-'! MetS.(
@-'? THIS CONSENT AND RATIFICATION OF T'lE DECLARATION OF PROTECTIVE
COVENANTS OF ASPEN GROVE SUBDIVISION is made a part of that certain
Declaration of Protective Covenants of Aspen Grove Subdivision
("DeClaration") dated the 30th day of December, 1994, and recorded
on , 1995 in Book at Page____in the records of the
Clerk of the Court of Pitkin county, Colorado.
-
CO.SBft UD RATU'ICJLTIO. OJ' Tn DBCURATIO. ory~:!~.}':~;:;J.Z~ ,OAD
PROTECTIVE COVEHA1lJTs OJ' ASPEB GROVE St7BDl:VrBJ:0~.C~8\:60(:'c;!i 82:0,,8
r
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
SUfficiency of which are hereby acknOWledged, the undersigned,
e e _.. as
the record owner(s) of Block NO.1-Lot No. Dart of 3 and ali of 4.
(see Exhibit Al Aspen Grove SubdiViSion, Pitkin County, Colorado,
under that certain deed recorded April 6. 1987, in Book-.2ll at Page
llLin the records of the Clerk and Recorder of Pitkin County,
Colorado (the "owner") hereby consents and ratifies the provisions
of the DeClaration and agrees that hiS/her/its ownership interests
shall not adversely affect the existence or continuing Validity of
the DeClaration, which Declaration shall run with the land known
as Aspen Grove Subdivision and remain in full force and effect as
if such Declaration were deliVered and recorded prior to the
deliVery and recording of the deed.
IN WITNESS WHEREOF, the undersigned has
Declaration of the Protective Covenants.
executed
this
~~~)u<<
STATE OF
.ct 11 k oy,:)
COUNTY OF FI'l'itIN../'
OW!lBR(S) OJ' BLOCK .0.-1....LOT .C.Dart: or 3
anel allot" ASPB. GROVB SVBDIVISIOB,
PITlCI. COOll'J.'Y, COLORADo
..,~<<~
)
)
)
The foregoing was acknowledged before m~ this ~l~ day
Of~N.\J'~ ' 1995 by ll?-."V\~ Sl--\tsct-\\E:.."'R. as the
record owner 0 Block Number I Lot Number~, Aspen Grove
Subdivision, Pitkin County, Colorado.
Witness my hand and official seal.
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My commission expires: ",.. "J IA .. I ( /. /
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NotaryPliblic
CHERYL L MARTINI
COMM. .lOOM07
HDTMYPlaIC. CAlIFORNIA
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EXHIBIT "A"
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, pitkin County, Colorado.
EXCEPTING that portion lying Southwesterly of a line drawn between
a point on McSkilDllling Road, being 2 feet Northwesterly of the moat
Southerly corner of said Lot 3 and a point N 24 59' B. 17.00 feet
from the moat Westerly corner of said Lot 3. Subject that a utility
easement shall be established and reserved for the use of both the
grantor and the grantees herein, their heirs and assigns, with said
utility easement to be 7 1/2 feet, even width, on either .ide of
the above mentioned drawn line. Also, subject to building
restrictions recorded as Document No. 106784 in Book 184 at Page
479 in pitkin County Records.
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7 June 1996
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Mr. Irving Shechter
1794 Winter Warm Road
Fallbrook, California 92028
(619)728-9455
ASPEN . PITKIN
COMMUNIIT DEVELOPMENT DEPARTMENT
RE: Lot-line Adjustment Subntittal Application Requirements
Lots 3 and 4, Aspen Grove Subdivision
Parcel ID Numbers: 0/56-04426 and 0/56-04428
Dear Mr. Shechter:
Attached is the submittal package for Lot-line Adjustment. I have also included
, Section 26.88.030, Subdivision Exemptions, of the Land Use Regulations. This
delineates the criteria used in evaluating and approving lot-line adjustments.
There is a land Use. application fee.of $450.00. The procedure is a Staffreview. A public
hearing before either Planning and Zoning Commission or City Council is not required
If you have any questions.or need further assistance, please contact me at (970)920-51'02.
,
Sincerely,
~
Bob Nevins
City Planner
130 SoUTH GALEM STREET' ASPEN, COLORAIX;J 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
j'rinted on Re.::yded Paper
.
MEMORANDUM
TO:
Nick Adeh, City Engineering
.~
THRU:
Stan Clauson, Community Development Director
Dave Michaelson, Deputy Director t:::>. K a
Bob Nevins, City Planner
FROM:
DATE:
July 15, 1996
RE:
Shechter Lot-line Adjustment
Lots 3 & 4, Block 1, Aspen Grove Subdivision
Parcel ID Nos.: 2737-181-04-011 and 2737-181-04-012
Attached is the development application for the Shechter Lot-line Adjustment. The lots
are located at 155 and 165 McSkimming Road within the Aspen Grove Subdivision. The
property is currently zoned R-15B, Moderate Density Residential, which requires
residential lots to be a ntinimum of 15,000 square feet.
Planning staff has reviewed the application and finds it to be an Exemption in accordance
with Section 26.88.030 of the Subdivision regulations.
Prior to final approval of the Lot-line Adjustment, we would like Engineering to review
the propos~d Plat Amet!~~~~ ~.u~u~tQ,~~~~R., s bdivision s~eooforms
to the requltements of the Land tt'se'ltegu1'motrs;an
Based upon Engineering's recommendations, I will request that the applicant's
representative, Louis Buettner, subntit to Community Development for approval
signatures and recordation with the Pitkin County Clerk and Recorder, a Final Plat drawn
in permanent ink on 24 x 36 inch reproducible linen or mylar. The information will also
be submitted in a digital format pursuant to the City of Aspen GIS Submission
Requirements.
t" . :;::\12:CE~VED
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I . ASPEN/PITKIN I ..
COl\tIl\.UJNITY DEVELOPMENT DEPARTlVIENT .
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Al!reerrle~t for Payment of City of Aspen DeveloD~ent,Application Fees
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CITY OF! ASPEN (hereinafter CITY) and l ~ l N~ "S\-tFr 4- l ~
(hereinafter APPLICANT) AGREE AS FOLLOWS: i
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1. 1 . APPLICANT has submitted to CITY an a~plication for
lAr L-IN.E.A-P~USTMB~ i '
(hereinaft~r; THE PROJECT). '
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2.1 : APPLICANT understands and a!/:rees thm titv 'of Aspen Ordinance
No. 53 ($eries of 1995) establishes a fee structure tor ~\a;1ning applications and
the paym~nl of all processing fees is a.;ondition precedent to a determination of
application pompleteness. I
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3. ! 'APPLICANT and CITY agree that becaukeof the :size, nature or
scope of \he proposed project. it is not possibk at thisl time: to .1~certain the full
extent ofithe costS involved in processing the applic:ltion. APPLICANT and
CITY fu~er agree that it is in the interest of th~ parri~s wallow APPLICANT
to make mayment of an initial deposit and to th~reafter permit adclitional costs to
be billed ~o APPLICANT on a monthly basis. APPqCANT agrees he will be
benefited Iby retaining greater cash liquidity and will olake addi~ional payments
upon notiriqation by the crTY when they are necessnJry as cosliS are incurred.
CITY agrees it will be benetited through the greater cer6inryof re;;;overing its full
costs to process APPLICANTS application. II :.
4. I . CITY and APPLICANT further agree th t it is i~practicable for
CITY staff to complete processing Or present suffi 'ient. information to the
Planninetommission and/or City Council to cnahle he Planniil\1 Commission
and/or City Council to make legaliy required findings f r project approval. unless
current bi~lipgs are paid in full prior to decision. i. .
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IRVING SHECHTER
1194 WINTERWAOM ROAD I
FALLBROOK. CA 92028
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'I IRVING SHECHTER
1794 WINTERWARM ROAD'
FALLBROOK. CA 92028
5; . Therefore, APPLICANT agrees that in CO~demiOn: af the CITY's
waiver of, its right to collect full fees prior to a dettrmlMtiani of application
complet~ness, ;APPUCANT shall pay an initial deposi in the: amount of $~PO
which is ~or UNL-hours of Planning staff time, and if ac al record~d costs exceed
the initial !deposit, APPLICANT sballpay additional m nthly billmgs to CITY to
reimburse, the CITY for the processing of the appli 'ation. mentioned. above,
including post approval review. Such periodic paymen shallbe lnade.within 30
days of the billing date. APPLICANT further agr that failure to pay such
accrued c6sts shall be grounds for suspension of proce sing.
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CITY QP1 ASPEN
B~'-""
S :lausOn
Commbnity Development Director
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Date: 3ch \ul\.)&-l9,g(P
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Mailing Ad~ress:.
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~LUSr~ CA 9Z-D7-8
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X' e10 COLD Btd;,l \ ll..
la~ & block D~er, legal d scrip~i~a wbere appropriate)
;:!i!~ /++',.os. Sf(P-J
\~ 4. Lot ize~1-,lqc>e>O-+ $~~\
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5sion C~nt.nlt. .
ds f~r'YoUr Application
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J UH---Ij t - 1 _... :"I..J l.l-" _- 1 I I _.1_'1 I I; _, l..I 1 L'
ATTACJDU1tt 2
:t.AND USE APPLICATIO)1 to
1. project Name LoT trllN.&ADJU<7'TM
2.
Project ~dcation
MCS~Lrv
(lnd~ca~eis~ree~ address,
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3.
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present zoninq
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Applicllnt\. Name, Address &. Phone No.
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Represen~ativ.,s Name, Address &.
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7.
Type of ~pplication (please check all that a
co~d!i.tional Use
spec:ial Review
8040' Greenline
stteam Margin
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conceptual SPA
Final SPA
conceptual PUD
Final PUD
Mtl;l.' Villw Plane
Cohdbminiumizafion
SUbdivision
s.
Text/Map
Amendment
Lot Line
Adjustment
Descript~qn of Existing Uses (number and t
approx~m~te square feet; numbel:" of bedroo
granted ~o the property):
Lot Split
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.9. Descriptiion of Oevelopment Application:
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y~u attached the following:
R~sponse to Attachment 3, Minil1lum suomi
Response to Attachment 4, Specific Subm
Response to Attachment 5, Review Standa
Have
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IRVING ~t1ECHTER
1794 WINT~HWAnH nOAO
FALLBRCOK. CA 92028:
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ifin~l Historic Dev.
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'kishoric Desiqnation I
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; any ~revi6u. approval.
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I~VING ~:1ECHTER. .
1194 WINTEHWARI11'lOAO
Ff\LLBROOK. CA 1ll!028,.
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pment ~Plic.ti6ns
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The applicant's name, address and telep
witlhin a letter signed by the applic
address and telephone number of the repr
t~ act on behalf of the applicant.
The street address and legal descript on of the
w~~ch the development is proposed to oc ur.
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JUN-=-i,.-1996- 10~58 - FRc(:~S~E~I/~I-;'K-[~~ cor'~ DEV- - - - -;'0-
A'r'l:AC1IHEBT 3
H!niBum Submission Contents for ~l Devel
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All Development Applications- shall include
following information and materials:
1.
2.
9-16197289455-090 P.0S
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at : aminuum) the
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ne number, contained
t . $tatilng the hame,
sentati"e authorized
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A: disclosure of ownership of the on which the
diev:elopment is proposed to occur, con isting 'of a! current
certificate from a title l.nsurance . or' iattbrney
licensed to practice in the state of olotado, lis~in~ the
nallies of all owners of the property, and alll mqrtq,ages,
j udqments , liens, easements, contra ts .' and acireements
a~fecting the. parcel, and demonstrating the ~wni!.r's !right to
apply for the Development Application. . , i
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.... 4.
An 8-1/2" X 11" vicinity map locatin
w~tihin the city of Aspen.
Ai ~itten description of the proposal
written, graphic or model form of how th
cpmplies with the review standards relev
A~plication.
5.
Ida8:a~t3 ,minimum
-*4 LoUlS ~.:gU~\{ N..E:."j:2... \0 ~U~
1"Lbd" t:;l~ L..OTS 3 ,,\-4 E LoQL. \
th~
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5~bj ect parcel
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d an expladatipn in
pro~os~ dev,eldpment
nt to tlie De,*elopment
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IRVING ~!I:;cIlTEA
1"(94 WllJTSIl\~,\Hl111~AD
r-ALlBROOK, CA 92028
Attachment 3 Lot Line Adjustment Lots 3 & 4 Block 1, Aspen Grove Subdivision
1 & 2. I, Irving Shechter , Trustee of the Irving Shechter Trust Agreement and residing at 1794
Winterwarm Road, Fallbrook, CA 92028, Tel.# (619) 728 9455 have authorized Louis H.8uettner,
Land Surveyor and residing at 0040 West Sopris Creek, Basalt, CO 81621 Tel # (970) 927 3611
as representative acting on my behalf to present survey and land descriptions to the Aspen/Pitkin
Community Development Department in the matter of a lot line adjusment between Lots 3 & 4
Block 1, Aspen Grove Subdivision, (parcels 056.. 04426 & 056..04428} M.;'E>\A./U\M'...."" ~~
3. Enclosed Quitclaim Deed. There are no mortgages, judgements, Liens etc., on these lots, and I
am the sole owner of record at this time.
4. Louis H. Buettner will provide necessary maps for this project.
5. I wish to adjust the lot line between Lots #3 and #4. Lot #3 will become larger by 650 to
750(est) sq ft, so that it will be larger than 15,000 sq ft and conform to Aspen Grove Subdivision
and Aspen R..15 subdivision requirements. Lot #4 will become lessened by this amount (650 to
750(est) sq ft. Lot #4 currently has mor than 19,000 sq ft and will still conform to the R..l 5
requirements. The existing road frontage corners and the front lot line arcs will remain the same.
The 7.5 ft utility easements between lots #3 & #4 will be changed to conform to their requirements
ng the ne t line.
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30 JUN6C(b
~9.7C
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IRVING ~!I'E:CHTER
1194 WII~EH\';:..rU1 ROAD
FALLSnOOK. CA 92028
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tlC~{f IIttb, JUd. thl.
LoN _ thOUUDd Dine hundred lUId
17th d&J' or
seventY-Beven
August
BETWEEN
III tho 1Mr or oar
_334 1'rC(8 5
.
IRVING SHECIlTER
ClUhe CountYClt Pitkin
IRVING SHllCllTER
of the County of Pitkin and Slat. of Colarado. of the....... put.
WI~ That the said parties of the lint part, for.... Ill............ of tile _ of
01lB DOLLAR AND OTHER GOOD AND VALUABLE CONSIDllRATION----- DOLLA118.
to the oaId part iu of. the lint part bl h8IId paid b1 the .ald part y _ of the ...... port, ...
....1It whueot. 1. hereby ccmf_ aad aaImowItdpd, ha ve .-. ...1, _J" ..... _..,....
811II QalI-CIIl..... 811II by th_ _to do ..... ....... 181I, _. .. ..,.. f" .....
the said part y of the I8COIld put. his hall'l 811II 11I1181 fomw. II lIle rtpt, IItIt, Iao
terM, oIalm ad demand whloh the said parties ot the ftm part have la .. .. ... f 1._'"
.,.... real property lltaala, I1!1Ir ad baboI' III the Oeatr of Pitkill
ad State of CaIando, lo-w1t:
and LISE B. SHECHTER
lUId Slate of CoIondo, <1l the lint .port, ..
Lot. 3 IInd 4 Block 1. Aspen Grove Subdivi.ion,
according to the plat thereof on file .. document
number 106638, in ditch book 2-A. page 246, of the
records for Pitkin County.
There is excepted from Lot 3, that tr.ct of land
reserved in the deed recorded in book 225, at paq.
315 of the Pitkin County Records.
The lands are subject to easement and building
re.trictions now of record.
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SEP . PAID
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thonaDto ~ or In llIl1wi.. th.......to ~.... ad oD the taWa, IIPt. IItIt, ....
ad oIalm wha_er, of the said parties of. the ftm put. either .. .... or .... .. .. ...,
_ .... beDetllud behoof ot the said part y of tha aeeoncI part his heIn....... '--.
fa Wlla_ WIl_. The said part ieBor the lint part have ~... ~h.J.r
::::"';=~~:~7j.e :!h'.:,~.: .2h.~....._.
~arf'" .-
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............................................................................... >C~ ":P&.IG.......~ __.
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19 th ... .. Auq... . 11I77
and LXSll 8. SKBCRTBa
lI'rATII or COLoaADO,
Coal,.. Pi tltin
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aclmowledpd beton tM tWa
by" IRV:ING SHECIlTBR
Wlta_ m, bud sad ... ..a.
M.....__ May 2, 1980
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"It ...... .. .... ... r -.-..lwII ......... I.... _.. ....... __...............
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A42-:[\ CL ~ ISl: ( I) ,,\L_'''""''. CA'lazS
for it to exercise the judgment required of it by these
information
Covenants.
9. Architectural Committee Not Liable. The Architec-
tural Committee ahall not be liable for damages to any person or
entity submitting any plans for approval, or to any Owner or OWners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any Owner or prospective owner by any third parties. The
decisions of the Architectural Conunittee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pu=suant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications includinq one (1) set
of the finally approved architectural and site development plane
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authoritv to promulaate Rules and Reaulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and requlations may include submission requirements concerninq the
type of infor.mation, reports, plans and specifications and other
information necessary to make an informed decision reqardinq
requests for development, modifications to buildinqs and the like.
Adopted rules and regulations shall be made available to any owner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Conunittee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any leu
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedicationa of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time Sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
6
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W\C-t~~ADJus.T7V\E.. JT A~W~. .
10 l2..c:~-pz~Cf\.,\}E::::.- ~V8N~B~~~w~ti
~\ ~ .-UL ( \) F.U"O",. CA 92
information for it to exercise the judgment required of it by these
Covenants.
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9. Architectural Committee Not Liable. The Architec-
tural Committee shall not be liable for damages to any. person or
entity submitting any plans for approval, or to any OWner or OWners
of land within Aspen Grove Subdivision, by reason of any action,
failure to act, approval, disapproval or failure to approve or
disapprove with regard to such plans. The Architectural Committee
shall have no liability or responsibility for any representations
made to any OWner or prospective owner by any third parties. The
decisions of the Architectural Committee shall be governed by these
Covenants and any rules or regulations duly adopted by the
Architectural Committee pu:suant to these Covenants.
10. Written Records. The Architectural Committee shall
keep and safeguard for at least five (5) years complete permanent
written records of all approved applications including one (1) set
of the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other formal
actions taken by it under the provisions of this instrument.
11. Authoritv to promulaate Rules and Reaulations. The
Architectural Committee may promulgate and adopt written rules and
regulations necessary to implement these Covenants. These rules
and regulations may include submission requirements concerninq the
type of information, reports, plans and specifications and other
information necessary to make an informed decision regardinq
requests for development, modifications to buildings and the like.
Adopted rules and regulations shall be made available to any OWner
who requests a copy thereof.
12. Review Fees. The Architectural Committee shall be
entitled to retain the services of architects, contractors and
other professionals in connection with the review of proposed
development plans for improvements within the Subdivision. The
Architectural Committee and/or the Homeowners Association may
charge a reasonable fee in connection with review of development
plans, which fee shall be set from time to time with approval of
the Board of Directors and which shall be calculated to cover all
reasonable costs associated with development review.
ARTICLE IV
Restrictions and Protective Covenants
1. No Further Subdivision. No lot described on the
recorded Plat of Aspen Grove Subdivision shall ever be further
subdivided into smaller lots or conveyed or encumbered in any less
than the full dimensions as shown on the recorded Plat of Aspen
Grove Subdivision; provided, however, conveyances or dedications of
easements for utilities may be made for less than all of one (1)
lot. No unit may be condominiumized. No time sharing or fraction-
al fee condominiums shall be allowed within the Subdivision.
6
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - -=-=- - - - - - - - - - - - - - - - - - -:. -:-. .'7. :":..7"..-:. ;-: ~:::-. .-
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HWING ;H::::';TE.~
1 r94 WINEilI~ARM ~OAD
FALLBflCOK. CA 92028
Notwithstanding the foregoing, a lot line adjustment between two
(2) lots in Aspen Grove Subdivision shall be deemed a permitted
subdivision, subject, however, to any reviews or disapprovals that
may be required by the City of Aspen Land Use Code. Nothing
contained herein shall be deemed to prohibit the ownership of
property by more than one person in the form of a general part-
nership or tenancy in common so long as such ownership is not
intended to result in, and does not have the effect of, creating a
subdivision of the property or a timeshare ownership situation.
2. Domestic Animals. Pets shall be permitted subject
to any rules and regulations which may be promulgated by the Board
of Directors. Dogs shall be kept under the control of the owner at
all times and shall not be permitted to run free or to cause a
nuisance in the Subdivision. No dog shall be permitted to run free
or disturb trash at any time and, particularly, on days where trash
pick-up is scheduled within the Subdivision. Without limiting
other remedies available to the Association, the Soard of Directors
may adopt a schedule of fines which may be imposed upon Owners for
pets which are a nuisance and, particularly, for dogs running at
large, disturbing trash and barking. There shall be no farm
animals permitted in the Subdivision. Notwithstanding the
foregoing, no animals may be kept within a lot or the residences
which, in the good faith judgment of the Board of Directors or a
committee selected by the Board of Directors for this purpose,
result in any annoyance or are obnoxious to residents in the
vicinity. Any dog deemed a nuisance or a threat may be removed by
the Homeowners Association following reasonable notification to an
Owner or tenant.
3. Underaround Utilitv Lines. With respect to the new
construction or extension of any utilities, all sewer, gas, elec-
trical, telephone, and other utility pipes or lines within the
limits of Aspen Grove Subdivision shall be buried underground and
not be carried on overhead poles or above the surface of the
ground. Any areas of natural vegetation or terrain in Aspen Grove
Subdivision disturbed by the burying of utility lines shall be
revegetated by and at the expense of the Owner or Owners causing
the installation of the utilities no later than the next growing
season following installation. At the time of construction of any
addition, substantial remodel or installation of new improvements
on any property which currently is connected to utilities through
an above-ground service line, the Architectural Committee may
require the Owner to reinstall the service line underground.
4. Service Yards and Trash. Equipment, service yards
or storage piles on any lots may be permitted during construction
if they receive Architectural Committee review approvaL All
rubbish and trash shall be removed from all lots in Aspen Grove
Subdivision and shall not be allowed to accumulate and shall not be
burned thereon.
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WI/BEn AJJD RA~IJ'ICA~IO. 0' TO Dr '""..a.uTIO. OVV~;j9.,SU::1;;D;~ hOAD
PltO~BCT,T..1rB COVBlfAHTS 01' ASPBII GROVl:..8UBDIVI8Io,il[.L8\J~,I-'~A.SZOc.8
~je~MeY07 " " ".
@./1 THIS CONSENT AND RATIFICATION OF THE DECLARATION OF PROTECTIVE
COVENANTS OF ASPEN GROVE SUBDIVISION is made a part of that certain
Declaration of Protective Covenants of Aspen Grove Subdivision
("DeClaration") dated the 30th day of December, 1994, and recorded
on , 1995 in Book at Paqe____in the records of the
Clerk of the Court of Pitkin County, COlorado.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and
SUfficiency of which are hereby acknowledqed, the undersiqned,
e e .... as
the record owner(s) of Block NO.A-Lot No. Dart of 3 and all of 4
(see Exhibit Al Aspen Grove Subdivision, Pitkin County, COlorado,
under that certain deed recorded ADril 6. 1987, in Book~ at Paqe
~in the records of the Clerk and Recorder of Pitkin County,
Colorado (the "owner") hereby consents and ratifies the provisions
of the Declaration and agrees that hiS/her/its Ownership interests
shall not adVersely affect the existence or continuinq validity of
the Declaration, which Declaration shall run with the land known
as Aspen Grove Subdivision and remain in full force and effect as
if such Declaration were delivered and recorded prior to the
delivery and recordinq of the deed.
IN WITNESS WHEREOF, the undersiqned has executed this
Declaration of the Protective Covenants.
~~..~)u<<
STATE OF
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4,1 ~_.;)
COUNTY Or PIT ;;
OWlfBlt(8) OJ' BLOCX JfO.....l....LO~ IrO.Dart of ~
and all ot 4 ASPBIr GROVB 8VBDIVI8IOJf,
PITKIN COU!ITY, COLOIlADO
By'~~~
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The toreqoinq was acknowledqed before mtt this -:s I ~ day
of,,~A.~Ll'^g( , 1995 by 1l?.,(\N6, S\'-\s.c~l=-"R.. as the
record owner of Block Number I Lot Number 3- 11- , Aspen Grove
Subdivision, Pitkin County, Colorado.
Witness my hand and offic~al seal.
;. (!E' /"1/ lOr)./.
My commission expires: ~...v.J c./lk, It'. / ._
/ ./..7 / /? ",> c... 7/ ~ .
( /u' i '/J/o'/. -;.0 cZ!./../ /(,(
Nofary..Pliblic
CHERYl L MARTINI
COMM. .10Cl1Q7
JrD'WIIfP\alC.CM.FOANIA
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,';':.l.LBf\OOK. CA S2.0,S
EXHIBIT "A"
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, Pitkin County, Colorado~
EXCEPTING that portion lying Southwesterly of a line drawn between
a point on McSkilllllling Road, being 2 feet Northwesterly of thli lIIost
Southerly corner of said Lot 3 and a point N. 24 59' B. 17.00.t~t
from the lIlost Westerly corner of said Lot 3. Subject thitt lia u~i1ity
eas8lllent shall be established and reserved for the us. ot both the
grantor and the grantees herein, their heirs and assigns, with .aid
utility easement to be 7 1/2 feet, even width, on either side of
the above mentioned drawn line. Also, subject to building
restrictions recorded as Document No. 106784 in Book 184 at Page
479 in Pitkin County Records.
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<- Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
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City Land Use Application Fees:
00113..63850..041 Deposit
..63855-042 Flat Fee
..63860..043 HPC
.63885-268 Public Right..of..Way___
-63875..046 ZOlling & Sign Perm.t_______
MROll Use Tax
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County Land Use Application Fees:
00113-63800-033 Deposit
..63805..034 Flat Fee
..63870..037 Zoning
-63825..038 Board of Adjustment
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Referral Fees:
00113..63810-035
00115..63340..163
00123..63340..190
00125-63340..205
00113-63815..036
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
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Sales:
00113..63830..039
-69000..145
County Code
Copy Fees
Other
Total
450,06
Name: ~ ~ 11 r ]..("0:t;A
Address: J
Date?!K.i!K.Check:::2]68'
Projeet:_ SJ-. (' c LA.a "
Phone:
Case No:
No. of Copies
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