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HomeMy WebLinkAboutordinance.council.028-84 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE (Series of 1984) AN ORDINANCE AMENDING SUBSECTION (s) OF SECTION 20-3 OF THE MUNI- CIPAL CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO PROVIDE IN PARAGRAPH "(4)" THEREOF FOR COURT-ORDERED EXEMPTIONS FROM THE DEFINITION OF SUBDIVISION ONLY IF THE CITY IS GIVEN TIMELY NOTICE OF THE PENDING ACTION BY THE COURT AND GIVEN AN OPPORTUNITY AS A PARTY IN INTEREST TO RAISE THE ISSUE OF WHETHER THE METHOD OF LAND DISPOSITION PROPOSED THEREIN WOULD EVADE THE DEFINITION OF SUBDI- VISION WHEREAS, upon the recommendation of the City Attorney, the City Council desires to amend the definition of subdivision set forth in Section 20-3(s), in particular, Paragraph "(4)" thereof, to allow an exemption from the definition of the term "subdivi- sion'' with respect to a court order or by operation of law, only when the City Council is given timely notice of the pending action by the court and given an opportunity to join as a party in inter- est for purpose of raising the issue of whether or not the method of land division proposed is for the purpose of evading the term "subdivision" as defined in subsection "(s)" of Section 20-3 of the Municipal Code; and WHEREAS, the City Council recognizes that in 1983 the state laws pertaining to county subdivisions (C.R.S. 30-28-101) were amended to accomplish the safeguards recommended by the City Attorney. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That subsection "(s)" of Section 20-3 of the Municipal Code of the City of Aspen pertaining to the definition of the term "subdivision" be and the same is hereby amended to provide for court-ordered exemptions only when the City is given timely notice of any such pending action by the court and given an opportunity to join as a party in interest in such proceedings for raising the RECORD OF PROCEEDINGS 100 Leaves issue of whether the definition of subdivision is being evaded, said amended subsection (s) of Section 20-3 to read as follows: "(s) Subdivision. A subdivision or subdivided land is defined as: (1) A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate inter- ests (including leasehold interests), interests in common or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to said subdivision or recorded plat thereof; or (2) A tract of land including land to be used for con- dominiums, apartments, or any other multiple dwell- ing units, or for time-sharing dwelling units; or (3) A house, condominium, apartment or any other dwell- ing unit which is divided into two (2) or more sep- arate interests through division of the fee title thereto, whether by conveyance, lease, contract for sale or any other method of disposition. Unless the method of disposition is adopted for the pur- pose of evading this definition, the term 'subdivision' as defined in this section shall not apply to any of the following divisions of land or interests in land: (4) The division of land which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court in this state if the City Council is given timely notice of any such pending action by the court and given the opportunity to direct that the City be joined as a party in interest in such pro- ceeding for the purpose of raising the issue of evasion as set forth above prior to the entry of the court order; and, if an appropriate pleading is not filed on behalf of the City within twenty (20) days after receipt of such notice from the court, the term 'subdivision' shall not apply to any division of land created thereby. 5) The division of land by lien, mortgage, deed of trust or any other security instrument. 6) The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. 7) The division of land which creates cemetery lots. (8) The division of land which creates an interest or interest in oil, gas or minerals which are now or hereafter severed from the surface ownership or real property. RECORD OF PROCEEDINGS 100 Leaves (9) The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants-in- common and any such interest shall be deemed for purpose of this section as only one interest, pro- vided, however, that no agreement exists, either recorded or unrecorded, between the co-tenants allowing the use and occupancy of the property by one or more co-tenants to the exclusion of one or more co-tenants during any period, whether annually reoccurring or not, if said agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if said agreement continues to be in any way binding or effective upon any co-tenant after the sale of any interest in the property. (10) The division of land by reason of the dissolution of a joint venture." Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the ~ of J~ , 1984, at 5:00 p.m. in the day City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /d~ day of r Stirli~ ATTEST: ~ ~ , City Clerk RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ss CERTIFICATE COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ,_~~ reading at a regular meeting of the City Council of the City of Aspen on ~~~ /J , 19 ~ , and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of .~~/_3 , 19 ~, and was finally adopted and approved at a regular meeting of the City Council on ~~ ~, 19 ~,. and ordered published as Ordinance No. ~ , Series of 19 , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado· this / day _- ' ~ ":i: Kathryn~ Koch, City Clerk ~ E A L Deputy City Clerk