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HomeMy WebLinkAboutcoa.lu.ec.Ben Deane Lot Split Subd.1984 ~ C? -\ =1.- ~o --:0 ::;;, "-' ....-, :--:> 1"0 OJ l"V :::0 BOOK 474 PAGE209 c:. ":)J.J rrl.e:... C) :.~: -.:-:>;.-',: :....Jf'T1 0;'0 cO Pl -"'- '" STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF THE BEN DEANE "LOT SPLIT" SUBDIVISION AND EXEMPTION FROM THE GROWTH MANAGEMENT PLAN FOR A SINGLE-FAMILY DWELLING THEREON '" \"'0 ::.:-- ~:;.. ->- -.1 WHEREAS, BEN DEANE AND CASTLE CREEK ASSOCIATES, LTD., (here- inafter "Applicants"), are the owners of a parcel of real property (described hereinafter as parcels A and B) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Parcel A: A parcel of land being situated in Lot 3 of Section 12, Town- ship 10 South, Range 85 West of the 6th P.M. described as follows: Commencing at a point being a brass cap as set for the Northeast corner of the Southeast one-quarter of the Northwest one-quarter of said Section 12, dated 1954; thence North 46025' West 79.52 feet to a point used as the Northeast corner of Lot 3 of said Section 12 as located and used before 1954; thence North 84014' West 214.00 feet to the Northwest corner of the Adams tract as shown on the plat of Snobble Subdivision filed in the office of the Clerk and Recorder of pitkin County, Colorado, in Ditch Book 2A at Page 248; Said point being THE TRUE POINT OF BEGINNING; thence South 0054' East 150.00 feet along the West line of said Adams tract to the Northwest corner of Lot 1 Snobble Subdivision; thence South 84014' East 43.00 feet along the North line of said Lot 1; thence South 15012' West 75.51 feet to the Northwest cor- ner of Lot 2 Snobble Subdivision; thence South 11005' West 110.19 feet along the West line of said Lot 2; thence South 25037' west 96.27 feet along the West line of Lot 3 Snobble Subdivision to the Northwest corner of Lot 1 Bear Subdivision as shown on plat of Bear Subdivision filed in the office of the Clerk and Recorder of Pitkin County, Colorado, in Plat Book 3 at Page 83; thence South 2054' West 67.08 feet along the Westerly line of said Subdivision; thence North 74006' West 11.84 feet along said Westerly line; thence South 15054' West 18.00 feet along said Westerly line; thence South 74006' East 16.00 feet along said Westerly line; thence South 18029' West 76.52 feet along said Westerly line; thence South 44038' West 52.11 feet along said Westerly line to the Southwest corner of Lot 2 Bear Subdivision; thence North 65021' West 326.00 feet to the centerline of Castle Creek; thence North 0002' East 82.12 feet along said centerline; thence North 26034' East 129.95 feet along said centerline; thence North 20032' West 213.50 feet along said centerline; thence North 46014' East 163.30 feet along said centerline; thence South 84014' East 229.00 feet to the True Point of Beginning. EXCEPTING FROM that portion described as Parcel "A" A tract of land located in Lot 3, Section 12, Township 10 South, Range 85 West of the 6th P.M., and being part of that tract described in Document No. 104549 in Book 178 at Page 251 of the records of pitkin County, Colorado. That part being more fully described as follows: Beginning at a point whence the NE corner of the SE 1/4 of the NW 1/4 of Section 12 (being a brass cap in place dated 1954) bears N 34035'20" E. 657.49 feet and the NE corner of Lot 3 as used before 1954 bears S 65021' E. 359.93 feet and N 00054' W. 746.00 feet; thence starting from the point of beginning of the tract , ",..~, BOOK 474: PAGE210 herein conveyed N 65021" W. 326.00 feet to the centerline of Castle Creek; thence N 00002' E. 82.12 feet along the center- line of Castle Creek; thence N 26034' E. 129.95 feet along the centerline of Castle Creek; thence S 65021' E. 333.67 feet; thence S 02054" W 67.08 feet; thence N 74006' W. 11.84 feet; thence S 15024' W 18.00 feet; thence S. 74006' W. 16.00 feet; thence S 18029' W. 76.52 feet; thence S 44038' W. 52.11 feet to the point of beginning. Parcel B: A tract of land located in Lot 3, Section 12, Township 10 South, Range 85 West of the 6th P.M., and being part of that tract described in Document No. 104549 in Book 178 at Page 251 of the records of Pitkin County, Colorado. That part being more fully described as follows: Beginning at a point whence the NE corner of the SE 1/4 of the NW 1/4 of Section 12 (being a brass cap in place dated 1954) bears N 34035 '20" E. 657.49 feet and the NE corner of Lot 3 as used before 1954 bears S 65021' E. 359.93 feet and N 00054' W. 746.00 feet; thence starting from the point of beginning of the tract herein conveyed N 65021' W. 326.00 feet to the centerline of Castle Creek; thence N 00002' E. 82.12 feet along the center- line of Castle Creek; thence N 26034' E. 129.95 feet along the centerline of Castle Creek; thence S 65021' E. 333.67 feet; thence S 02054' W 67.08 feet; thence N 74006' W. 11.84 feet; thence S 15024' W. 18.00 feet; thence S. 74006' W. 16.00 feet; thence S 18029' W. 76.52 feet; thence S 44038' W. 52.11 feet to the point of beginning. County of Pitkin, State of Colorado. WHEREAS, Applicants have requested an exception from the full subdivision process for the purpose of doing a "lot split" subdi- vision and an exemption for the Growth Management Plan (GMP) for a "lot split" single-family dwelling on the above described pro- perty; and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting of July 5, 1983, recommended that such exception and exemption would be appropriate and recommended that the same be granted subject to certain conditions; and WHEREAS, the City Council, at its meeting of July 25, 1983, determined that such "lot split" subdivision exception and GMP exemption was appropriate and granted the same, subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the owners' application for exemption from the full subdivision process for the purpose of effecting a "lot split" subdivision and a GMP exemption for a single-family dwelling on the above described property is proper and hereby grants an excep- 2 " nOOK 474 PAGE211 tion from the full subdivision process and the GMP exemption for such lot spli t ; PROVIDED, HOWEVER, that the foregoing exception and exemption is expressly conditioned upon: (1) the Applicant's recording with the pitkin County Clerk and Recorder a subdivision plat for the Ben Deane "Lot Split" Subdivision, approved by the City Engineer, together with "Declaration of Covenants, Restrictions and Conditions for the Ben Deane 'Lot Split' Subdivision" dated ~ ~ , 1984, and (2) the Applicants' strict compliance for themselves and their heirs, personal representatives, successors and assigns, with the provisions contained therein and all other binding conditions of approval on this matter set by the Planning and Zoning Commission and the City Counci 1. DATED THIS ,;{;[ day of ~'ViZlJn_L<2/L;; ,1984. ~~. :/ 4U William L. Stirl~::g,~~a~ <.." i:' A At~~.~ , . '.~'" ,:.J; :J, och, City APPROVED AS TO FORM: Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and GMP Exemption for the purposes of the Ben Deane Lot Split was con- sidered and approved by the Aspen City Council and the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. xld, Cl ty Clerk 3 , BOOK 474 PAGE206 DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE BEN DEANE "LOT SPLIT" SUBDIVISION BEN DEANE and CASTLE CREEK ASSOCIATES, LTD., (hereinafter "Covenantors") for themselves and for their heiJ"s, personal repre- senatives, successors and assigns, in consideration for the grant- ing of an exception from the full subdivision process for the pur- pose of creating two (2) separate lots as depicted on the plat for the Ben Deane "Lot Split" Subdivision recorded in Book Jk Page ~ in the records of the Pitkin County Clerk and Recorder, hereby covenant with the City of Aspen, Colorado (hereinafter "City"), to restrict said property, and hereby do restrict said property as follows: 1. Covenantors represent that they are the record title owners of Lot A and Lot B of the Ben Deane "Lot Split" Subdivision (hereinafter said lots shall be referred to as the "property"), more particularly described on the plat therefor recorded (lI'Jl'Jhf"r I , 1984, at Book I~ Page 57 in the office of the Pitkin County Clerk and Recorder. 2. Except for the single-family dwelling exempted from the Growth Management Plan (GMP) by this "lot split" approach, no fur- ther "lot splits" can be granted for the property and no addi- tional units can be constructed without first obtaining GMP allot- ment and necessary subdivision approval therefor, unless there is no longer any GMP regulation in the City of Aspen. 3. In the event that any municipal improvement or improve- ments of any kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, became, in the sole judg- ment or discretion of the City Council of the City of Aspen, necessary or desi~able to the area of the above described pro- perty, covenantors will make no objection to any special assess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on = n -l <=> N !oJ """ = ." =ir- N ~o ;;::;0 en om --f -i N :<;: :.::1 ru 00 m;p c>z 07.: ..t:.. ;Um 0;:0 0) m '" - = -=. '74 !O' "I i..,.(~~ "; ", lWIr f 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 construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets, planting, curbs, gutters, sidewalks, street lights, berms, open space lands, 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. 4. The Covenantors agree to provide a public trail easement for uses including, without limitation, hiking and fishing, but excluding all motorized vehicles as such uses are approved by the City, from time to time. The legal description of this easement is delineated on the aforesaid plat for the Ben Deane "Lot Split" Subdivision, twenty (20) feet from the center of Castle Creek. However, such easement shall not become effective until (i) adja- cent landowners have granted a similar easement so as to provide a continuous easement from the easement herein described to a public right of way; (ii) the City shall indemnify and hold Covenantors harmless against any loss or damage occasioned by the public use of such easement and provide adequate insurance as reasonably required by Covenantors to insure against the risk of such loss or damage; and (iii) the City shall agree to maintain such easement in a clean condition, free from all debris. The easement shall be granted to the City and shall be restricted to customary public trail use. The City may require an easement to be recorded only upon the occurrence of all of the above described conditions. 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, personal representatives, successors and assigns, for 2 BOOK 474 PAGE208 a period of fifty (50) years from the date these covenants are recorded, with the exception of Paragraph 4. With respect to Paragraph 4, said trail easement must be granted within a period defined by the life of the longest-lived member of the present City Council, plus twenty-one (21) years, or be automatically void. 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 reflected by Resolution of the City Council of the City of Aspen. 7. This Declaration shall be binding upon the parties here- to, their heirs, successors, personal representatives and assigns. IN WITNESS this Declaration has been duly executed this /j9b0 day of STATE OF COLORADO ) ) ss. County of pitkin ) was acknowledged before me this ,/?~) day of , 1984, by Ben Deane. ~ ' ,,', WITNESS MY HAND AND OFFICIAL SEAL. :-, '\'. ()~ /. '0, -.: " " :~. -.".,..My commission expires: . '''~'P{j: ",;. '., ""',' . S/2Af:7 "-t f~,v.p/a C~1nG Not r PubllC E6 Y/'~1JJ ~LO a. y/6/1 Address , / . STATE OF COLORADO ) ) ss. ) County of pitkin The foreg9ing was acknowledged before me this ,.09tlL- day of ("v , 1984, by Ben Deane as General Par ner of Castle Creek Associates, Ltd. WITNESS MY HAND AND OFFICIAL SEAL. . .. My ,o~i"ion ..p1m, sLY/(f! ~ :"&8/1' '1 ~ oJ<vuP.-. n .C~"-~ r;.'i:-. .' otr"tfPublic ,eo,) ~41" ~~" (1, :1/6// Addr'es ,,'