HomeMy WebLinkAboutcoa.lu.su.Gordon.1979
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MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Gordon Subdivisinn - Final Plat
DATE: November 5, 1979
This is the final plat review for the Gordon Subdivision. This subdivision consists
of splitting a 3.086 acre tract of land into two pieces, Lot 1 would consist of 0.694
acres and Lot 2, 2.392 acres. The oroperty is located in the R-15 zone district and
both parcels created would be of conforming size. At the present time, the property
contains one single family residence and several out buildings. This application is
exempt from the Growth Management Quota System. Section 24-10.2(d) allows for an
exemption from the allotment procedures for the construction of one single family
residence on a lot subdivided after the effective date of the article where the
following conditi onsare met:
1. liThe tract of land which was subdivided had a pre-existing dwelling, and
2. No more than bm lots were created by the subdivision."
The City Attorney, Ron Stock, has reviewed the final plat and the subdivision agreement
for the Gordon Subdivision and has found the documents to be acceptable.
In your packets you should find a copy of a memorandum addressed to the Planning Office
from City Engineer, Dan McArthur, in which he makes the recommendation for approval.
of this final plat subject to the owner/applicant correcting three conditions prior
to the final plat being recorded.
At this time the Planning Office recommends youri)aoproval subject to three conditions
found in the City Engineer's memorandum of October 19, 1979.
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MEMORANDUM
TO:
Richard Grice, Planning
Office I'
Eng ineer ()
FROM:
Daniel A. McArthur, City
RE: Gordon Subdivision - Final Plat
DATE: October 18, 1979
After having reviewed the final subdivision plat of the above sub-
division and having made a site inspection, the Engineering Depart-
ment recommends the following:
1) The owner/applicant change the general utility easement from
20 feet to 30 feet on the final subdivision plat before being
recorded.
2) The owner/applicant shall have Eldora Engineering Company
add the following to the water line extension drawing:
1) Show all thurst blocks as required at all fittings.
2) Add the following notes at the bottom of the page:
Note 1 - All operations of existing water utility valves,
hydrants, etc., shall be by the City of Aspen Water De-
partment personnel only.
Note 2 ... Scheduling of connections to existing systems
shall be coordinated and approved by City of Aspen Water
Department.
3) The owner/applicant shall have Eldora Engineering Company
make the following changes to the technical specifications to
the Gordon Subdivision:
A) Under section 2, Waterline Installation, in the fifth
line, change 16" to 24".
The Engineering Department recommends approval for the above sub-
division subject to the owner/applicant correcting the above condi-
tions under items 1,2 and 3, prior to the final plat being recorded.
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MEMORANDUM
AUG 14 1979
ASPEN / PITKIN CO.
PLANNING OFFICE
TO:
FRC>>f :
Dave Ellis, City Engineer
RichardGrice,P1annihg Office
RE: Gordon Subdivision -Final Plat
DATE: August 14, 1979
Attached please find final plat for the Gordon Subdivision. This item
is scheduled to come before the Aspen Planning and Zoning Commission on
Tuesday, November 6, 1979. Therefore, may I please have your written comments
by Monday, October 2.9, 1979. Thank 'you.
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 1815
ASPEN. COLORADO 81611
TEL.EPHONE (303) 92.5-12.16
August 2, 1979
Mr. Richard Grice
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Gordon Subdivision
Dear Richard:
Enclosed is a copy of a proposed draft of a
subdivision agreement for the Gordon Subdivision Final
Plat proceeding~ With regards to the blank spaces
concerning the estimated cost of the water installation
project and initiation and/or completion date of the
construction project, I am trying to ascertain what
Architect Wells or Sheldon have decided with regards to
the project. I recollect that we were talking about
having Johnny Hyrup be the contractor, but at the
moment don't know whether or not he has reviewed the plans
and specifications or discussed the commencement of this
part of the project, cost, etc.
It seemed to me that the only items which needed
treatment in the agreement had to do with the water
line installation. The other conditions, such as easements,
trail easements, bridge crossings and park dedication fees
are covered on the final plat and/or by way of a promissory
note. '
As we discussed, you are going to verify that John
Young is satisfied with the legal description of the trail
easement and bridge crossing in connection with the stakes
thereof on the ground and then discuss with me setting up
a date with City Council for a hearing on the Final Plat
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Richard Grice
August 2, 1979
Page 2
of the Gordon Subdivision. I will wait to hear from you
on these items next week.
Thanks for your help and best regards.
Yours very truly,
C\~
Fitzh~;h ~co!t III
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cc: Dave Ellis, City Engineer (with enclosure)
Sheldon Gordon
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July 18, 1979
Mr. Fitzhugh Scott III
P.O. Box 1815
Aspen, Colorado 81611
Re: Gordon Subdivision Agreement
Dear Tam:
As you requested, I am enclosing some sample documents from' earlier
subdivision projects. The copied material covers primarily the
recitals and the monetary guarantee for .the construction of water
improvements. Depending on how the matter of trail and utility ease-
ments is handled on the final plat, we may want to include some
reference to granting of as-built easements in the agreement..
As is noted on the copies, some date certain needs to be established
for completion of the water utility' improvements, and I would sug-
gestthis fall and no later than June of next year, depending upon
when the subdivision is finally approved. Typically, the longer
these matters are protracted the more difficult they become for
both the City and the developer. For clarity I would suggest that
the sections dealing with approval of plans and inspection ~ervices
be separated into two separate sections. The primary objective in
terms of inspection is to receive assurances that the design engi-
neer is in fact performing supervision during construction. In addi-
tion to this, the City would be doing spot inspections.
Finally, I would like to include the paragraph as follows:
CITY ACCEPTANCE OF WATER IMPROVEMENTS:
Before the City shall finally accept any water utility
improvements, the subdivider shall convey all necessary easements
for new facilities constructed and shall submit as-built surveys
and plans to the City Engineer. All improvements shall be conveyed
to the City by bill of sale subject to a one-year warranty against
defects or failure.
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Page Two
He: Gordon Subdivision Agreement
July 18, 1979
I feel this provides a good basis for preparing the first draft,
and the only other items which may be included would be non-engi-
neering items such as cash and/or land dedication, housing and/or
density covenants, or other plann~ngconsiderations.
Very.. truly yours,
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Dave Ellis
City Engineer
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cc: Richard Grice
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SUBDIVISION AND PLANNED UNIT
-----BVELOPMENT AGREEMENT
CALLAHAN SUBDIVISION
4- - .......
made this
day of'
,
1976, by and between THE CITY OF ASPEN, COLORADO (hereinaf,ter
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sometimes called "City"), and BENEDICT LAND & CATTLE COMPANY,
FREDRIC BENEDICT and FABIENNE BENED;ICT (hereinafter sometimes
collectively called II the owner"), and ROBERT S. GOLDSAl1T or
the assignee of Goldsamt (hereinaf~er sometimes called "the
subdivider").
W'I T N E SSE T H :
'WHEREAS, the subdivider with t.Jle consent and approval of
the owner has submitted to the City for approval, execution,
and recordation", the final plat and development plan of a tract
of land situated in the east one-half of Section 18, T. lOS,
Range ~4 west of the Sixth Principal Meridian, Aspen, Colorado,
designated as Callahan Subdivision (lithe platU); and
WHEREAS, said Plat encompasses land located within an area
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in the City zOl1E'd RR andR-15; and
WHEREAS, the City has fully considered such Plat, the pro-
posed development and the improvement of the land therein, and
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the burdens to be imposed upon other adjoining or neighboring
properties by reason of the proposed development and improve-
ment of land included in the Plat; and
WHEREAS, the'C~ty is willing to approve, execute, and
acc~pt for recordation that Plat upon agreement of the owner
and the subdivider to the matters hereinafter described, and
subject to all the requirements, terms;, and cond,itibns of the
City of Aspen Subdivision Regulations now in effect and other
laws, rules and regulations as are applicable-; and
. WHEREAS, the City 'has imposed'conditions and requirements
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in connection with its approval,' execution and acceptance for'
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recordation of the Plat, and that such matters are necessary
to protect, promot'e, and enhance the public welfare i and
WHEREAS, under the authority of Section 20-l6(c) of the
~1unicipal Code of the City, the City is entitled to assurance
.
that the matters hereinafter agreed to will be faithfully
perf9rmed by the subdivider.
, ;
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, and the approval, execution
and acceptance of the Plat for.recordation by the City, it is
.
agreed as follows:
Fee simple title to
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here~~ter set forth ----
Pi &i Plat and. Develop-
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1.
All references
A.
13 and 13-A will
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grant
on the Plat.
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in fee. simple title
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trolled <by
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~,a,:n:o:ther, cor,po,.,r,ation con-",
con~l with the Holding .
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Corporation d""',its or their 'assignCcs"r<~ such corpor-
ation shall grant an irrevocable' n~~excluSive license
to the owners of the CO!\dOmin~and homesites for //
th~'ir~. The owner Shayhetain anon-eXC1USive//
cost-free~ement on c~stal Lake Road for access,.
ingress. and ~s~nd from Lots 11, 12 an!'l""~2~A.
ownerShip of th~<{)tsi,S being retained o,/,,{he 0, w,ner.
J. Ea7.rnts for tility improvem/ts and rig~,ts
'of way shal be granted to the PUbli~tilities as
Plat. If
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, 'Maintenance of theprop'rty and structures ~n-
l-/ed" within the Plat shall ~(th responsibility of
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the fee, sim2e title
provided, however, whe
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any ease ',ent is granJ7d with respect to
or improve nt, the/cost of maintenance
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by allgrante s/6f such easements.
Lake as sbownon
the Plat. The Holding
,.
L.
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n::::~: :::v:::1:: ::~:::::nce
of
of
not lower
water level in
Corporation.or a ~Olled~y or unde~ comm~n
control with the Holding C,rporat~'Qn orJ.ts or the~r assJ.gnees,
shall make provision fosupp1ying ~ater .tocrysta1 Lake
in order to insure its use for recreational activity.
2. Subject to theconditi6ns contained in this paragraph,
the subdivider s)1~ll provide for the estimated costs for construc-
. ~VJ(l.l~r '04/L~~Il4tP~V4?-~;~"-+$'" 4~$ . S"C'lte~~/;!<l~ S-k.f/~
t 1. orr 0 f ~1.-Glemmon=:r-mp-l:'6 ."." len-f;-~--wh~3:-el~-4'fl el-uae-e-G-n-st-r-uc-~~-efl-lG.f...
-fi<-e.>R~( Pkct o~).*, '.,' ,6owG..:~.,'5'ct.G)d(Vi'(iG\A.,vty\.c{ +M- :5,.)4fPRkw,'~~(
, roads."..-u-t.J..4t.i..f.'.,.S,.,-dr..a-J.:.Rage-1fF1:P:r-ev-eme-n~S-.,-l-anElsc-a-p-:1.~ov-in'9
~hw..{V\.Cl~ ~'ir~~{. ~[aA\..~., ... ','
Q' . ,yO pav, ng~-eqU-i.-t..ad....by-subcil-i.:vJ..de.r...,---4-the~fea1:i-onal
<n"-
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t.J:ail),. as-descr-ibed in t.he aqreemeni.:-be-f.:weeh' Pltkii! Cuunty
and-Bened-iG-t.-s--a-na-irHg at ion-d-i:-t=:eh-eros-si"f):(jS:--t--ll:r-eugh..
..-th.e-sub4i-v4-si~.aS--ShG~n-t-fl.e--P-l-a-e-an4--supP-1-emen~
~~bo-ine-l'Ucl.~h:a'H-be--~:t.-r--eet.-l-ig.hti.ng
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~ '\) C0mp-l'y-w-i4:.-h-G.i-t-y--r~l:a'l::-:L-e-rr3"0'he installation of those improve-
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'~~'-f..: ments sh;;tll commence in the spring of the year in which construction
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1:3 ron Lots 13, 13A orIS is to commence hereunder, or any homesites
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:s ~ are sold, whichever event occurs sooner, and shall be constructed
~ ~ with due diligence ther~after until comPleted~ In order to
secure the performance of the construction and installation of
the ,~mprovements h.erein agreed to by the subdivider and t~~
,::t1 City, and to guarantee one hundred (7PO%) per~cent o~ the .rurrent
~' f vu;..{ v..C\ l 'N."f e It'ff-l y\, -e..e.f"'\ ~'f "f llA> r1~~ w:"
J' #. estimated cost of the improvements/lagreed 'by the -City Engineer to
t "t be ~,.e~1JO , the subdivide~ shall guarantee tI:rough a .
'j ~~onventional lender, or by ,sight dr~ft or letter of commitment)
~ ~ from a financially responsible lender (irrevocable until the
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construction is completed) that funds of the estimated costs of
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construction are held by it for the account of the subdivider for,
the construction and installation of improvements hereinabove
described.
In the event, however, that any portion of the irnprove-
ments have not been installed according to the conditions contai~ed
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herein, then, and in ,that event, the City may have such remaining
work and improvements completed by such means and in such manner,
by contract wh:h or without public letting, or otherwise, as it may
deem advisable, . and the lender agrees to reimburse the City out
of the funds held by it for the account of the ',subdivider for
the City's costs incurred in completing said work and improve-
ments; provided, however, in no event shall the lender be
obligated to pay the City more than the aggregate estimated
sum for these improvements, less those amounts previously paid
and approved by the City/by reason of default of the subdivider
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in the performa.nce of the terms, conditions, and covenants con-,
tained in this paragraph 2. However, t:he City waives no right,
to claim full compliance with the improvements required in ex-
cess of the estimated costs. From time to time as work to be
perf<?r~edand improvements to be constructed herein progress,
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t:.hesubdivider may request tn.e: t t~e ~1k.~L City Engineer
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.inspect such wo:t:':lc and improvements as are completed and may
submit to City the costs of stJch completed work and improvements.
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When the City Engineer is satisfied that such work and improve-
ments as are required by the subdivider to, be completed in fact,
have been completed in accordan~e with the t~rms hereof, the
City Engineer will submit to the lender itsstatementtha...t it.
has"no objection to the release by the Guarantor of so much
of the above-specified funds as is'necessary to pay the costs
of, work performed and improvements installed pursuant to th~
.
terms of this Agreement, except that ten'(IO%) percent o~ the
estimated cost shall be withheld by the lender until all pro-
pos~d improvements are completed and approved by the City
Engi~eer. I '~ubdi vidershall prepare'-" ,and be responsible for the
~ \;.- preparation of engineering plans" specifications, and construction
~~~~~ drawings for all improvements included in Paragraph 2 above. These
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plans and specifications shall be submitted to the City Engineer
,
'by the Subdivider.
<~~s,~ .e,~ r;0>- ~~
- () ~,j;;nfIJ all necessary engineering and/or surveying services in con-
, , q 1/((1 skat" S4V~l{.k'
" ,jU!lctiO,? with t.h, e constfuc~ion pf S~,i.d~~~:;.p:ements}\ _The Ci1:Y, , .
~~ Qh. bV'R-t,\'lU-r {t')'l.fiY 1= w/VVI.~R.~'(- O'fC--t.'A-rbv.e..~,"" $.:$ ~'-1.C~ ~d- -s t.~ ~'-1'V1!'-e.4o',
, (J Engineer~ ~t shall be notified/\p;cior t.o th~ commencement
tM-C\,~ {hG-V'; kef, , , ' IOttCty'(,'
, , Oof construction.ee--t~ tIle ~~"n'~~~~~~'R~~:n~.
and shall be approved prior to the commencement" of any construction
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Subdivider shall also be responsible for ~~~ ~
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'3. Site Data
bulation (see Exhibit "A" attached herE~to
by is reference.) /
line the RiV~ Ditch
rubb/.tzed material '1::0
and 9 . If U . divider finds that:
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and incorporated
4.
for the full
8 and
e rubberized materia.l is not fer b~e, feasible alternative
be used, provided the su divider shall e best efforts
enter the area of
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qr recreational facilities
5. The
rees, for himself and his
authorize any vehicular traffic
and assigns, that
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THOMAS WELLS & ASSOCIATES ARCHITECTS
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June 22, 1979
Mr. Sheldon Gordon
Phillip Lyon, Gordon & Co.
1801 Century Park East
Suite 1400
Los Angeles, California 90067
Re: Aspen Subdivision Bridge Location
Dear Sheldon:
I am enclosing the survey I asked Jim Reser to prepare
indicating all existing site features and dwelling locations,
together with the trail as staked out by Dave Ellis,
Richard Grice, Jolm Young, and myself.
Initially the location seemed alright on the ground, but when
placed on a map to see if it was the best location for all
three house sites concerned, it became very clear that it
was not.
I am sure you would like to avoid a disagreement with the
City, but Dave Ellis' term "mutually agreeable location"
is obviously yet to be agreed upon.
..
Please let me know your reaction and I will arrange another
meeting with the parties concerned.
Very truly yours,
~
Thomas O. Wells
Enclosure
cc: Jolm Young (encl.)
Richard Grice (encl.)
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MEMORANDUM
TO: RICHARD GRICE, PLANNING OFFICE
FROM:
DATE:
RE:
BOB JACOBS, FI RE MARSHAL <S 9'
March 20, 1979
Gordon Subdivision Preliminary Plat
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The proposed addition of a fire hydrant noted on the revised
preliminary plat will substantially increase fire protection
potential for th~s subdivision, but the revised plat still
lacks specific fire lanes and emergency access easements re-
quested in original memo from this office of February 12, 1979.
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MEMORANDUM
TO: Dave Ell is, City Engi neer
John Young, Trails Director
Fritz Benedict, PCPA Trai ls Committee
FROM: Richard Grice, Planning Office
RE: Gordon Subdivision, Final Plat
DATE: March 6, 1979
Attached is the Final Plat for the Gordon Subdivision. May I please have
your corrnnents or approval no later than Tuesday, March 20, 1979 so that I may
present this Final Plat to the Aspen City Council at their regularly scheduled
meeting on Monday, March 26, 1979. If you cannot meet this deadline, please
contact me imnediately at 925-2020,ext. 223. Thank you.
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FITZHUGH SCOTT III
ATTORNEY AT L.AW
117 SOUTH SPRING STREET
POST OFFICE BOX 1815
ASPEN. COL.ORADO 81611
TELEPHONE (303) 925.1216
March 2, 1979
Mr. Richard Grice
Aspen/Pitkin Planning Office
(hand delivered)
Re: Gordon Subdivision
Dear Richard:
Enclosed is my check for $6.00 for Final Plat fee
together with 4 prints of Final Plat of Gordon Subdivision.
Would you please consider setting the matter for
City Council meeting on Monday, March 26, 1979?
I'll be in touch. Let me know if you have any
suggestions or requests.
Yours very tr~ly,
~
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P.S. Would you let me know what your thoughts and/or
procedures are on Subdivision Agreement?
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MEMORANDUM
TO: Aspen Planning and Zoning Corrmission
FROM: Planning Office, Richard Grice
RE: Gordon Subdivision - Preliminary Plat
DATE: February 15, 1979
This is a public hearing to review the preliminary plat submission for
the Gordon Subdivision. This subdivision received conceptual approval from
the Aspen City Council on January 8, 1979. Council approved the conceptual
stage subject to the resolution of the fOllowing problems prior to preliminary
plat review:
1. Trail easement to be dedicated to the satisfaction of John Young,
Tra i 1 s Oi re.ctor and the Ci ty Eng i neer, and
2. The shed which is located on the property line is to be removed, and
3. Park dedication fee will be required prior to the issuance of
additional building permits, and
4. Satisfaction of the concerns expressed by City Engineering.
The preliminary application was referred to ten local reviewing agencies.
We have received no negative comments severe enough to result in the denial
of this subdivision. Referrals of significant relevance are summarized as
follows:
1. Mountain Bell has reviewed the submission and found the utility
easements to be satisfactory as shown. However, they did request
specific phraseology to be used in the dedication of easements
within the subdivision. This phraseology suggested in a letter to
the Planning Office dated February 2, 1979, should be used on the
final plat.
2. Bob Jacobs, Fire Marshall, requests that a fire hydrant be installed
near the east property line of the Gordon Subdivision in the area
of the division line between Lots 17 and 18 of the Riverside
Subdivision. This request is made pursuant to Section 20-17(e),
Utilities, (3), of the Aspen Municipal Code. In addition, Bob
requests access easements be widened to 20' in width in accordance
with Section 20-17(b), Easements, (6), of the Aspen Municipal
Code. Bob's memo to the Planning Office of February 12, 1979
is attached for your review.
3. The attached meroorandum from Dave Ellis, City Engineer, notes that
there are some items missing from the preliminary plat which are
required by the Aspen Municipal Code. The Engineering Department's
feelings are that it would be more efficient in the long run if
the public hearing scheduled for February 20, 1979 be tabled to
a date certai n toa 11 ow the Engineeri ng Department and the
applicant time to clarify and resolve the itemized concerns.
In the event the Planning and Zoning Commission wishes to proceed
with the Public Hearing as scheduled, Engineering recommends that
any approval be conditioned upon the resolution of items listed
in their memorandum to the Planning Office of February 12, 1979.
This memo is attached for your review.
4. John Young has reviewed the plat and finds the trail and bridge
easement adequate as shown. He has requested the opportunity to
review the final plat in the spring when a more careful site
inspection will be possible. .
The Planning Office suggests that you simply condition your preliminary
plat approval upon the satisfaction of the concerns expressed by Bob Jacobs,
Dave Ellis and Mountain Bell.
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M E M 0 RAN DUM
TO: RICHARD GRICE
PLANNING OFFICE
FROM:
BOB JACOBS
FIRE MARSHAL
(b~
DATE:
February 12, 1979
RE:
Gordon Subdivision Preliminary Plat
After careful study of the preliminary plat prepared by Alpine
Surveys and a visual inspection of the proposed subdivision, I
would encourage the owners and subdividers to install a fire hy-
drant near the east property line in the area of the division
line between Lots 17 and 18 of the Riverside Subdivision. The
Aspen Municipal Code, Section 20-l7(e), Utilities,(3), statesthat
fire hydrants shall be spaced no farther apart than five hundred
feet in single-family and duplex residential areas. I believe the
intent of this section is to limit the distance for fire-emergency
water hose lays to no more than two hundred fifty feet. Lot #1
should be adequately served by fire hydrant number 242, located
approximately one hundred seventy five feet north of Lot 1 near
the access easement. The nearest fire hydrant to Lot 2 is located
some four hundred plus feet from the southeast access easement and
could be a problem in time of emergency.
AMC, Section 20-l7(b) Easements. (6) HF1re lanes and emergency access
easements twenty (20) feet in width shall be provided where required
by the ci tyfire marshal, '.' applys to this location and this mini-
mum width or more must be. maintained clear of snow or obstructions
for emergency access at all times.
Additional recommendations may be necessary when exact locations,
size, and type construction of proposed building is received by this
office.
cc: Dave Ellis
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M E M 0 RAN DUM
TO:
RICHARD GRICE
PLANNING
FROM:
DAVE ELLIS ~
CITY ENGINEER .(.....--
DATE:
February 12, 1979
RE:
Gordon Subdivision -
Preliminary Review
After our initial review of this preliminary plat the engineering
department finds that there are still several items which we would
like to look at in greater detail before proceeding to the final
~tage. The primary concerns are in regard to the relative location
of existing and proposed utility easements as well as the location
of the common boundary between the Gordon and the Riverside Subdi-
visions. There are also numerous other specific deficiencies which
should be corrected prior to the preliminary plat approval. For
these reasons, it is the engineering department's feelings that it
would be most efficient in the long run if the public hearing sched-
uled for February 20 were tabled to a date certain to allow the
engineering department and the applicant to clarify and resolve
those concerns which are listed below.
The following are items which are of concern to us at this time:
1) The common boundary between Riverside and Gordon Sub-
divisions does not appear to be the same legal description,
although we feel it is the intent for them to coincide.
2) The drawn boundary description includes an extra call
from the point of beginning to the true point of begin-
ning which is not included in the written description.
There is also an interior lot dimension missing on Lot 2.
3) The easement serving Lot 1 should be indicated as both an
access and utility easement, and the fifteen foot dimension
should be indicated.
4) The sewer easement in the southeasterly corner of Lot 2
should be identified by Book and Page, and a clarification
of the location is needed since it is not the, same as the
legal description.
5) There is a discrepancy between the legal description and the
plat location of the sewer easement described in Book 249
at page 596.
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Page Two
Re: Gordon Subidivsion -
Preliminary Review
February 12, 1979
6) It will be necessary to show the locations of the existing
utilities relative to the platted lots and easements.
This should include, in addition to water and sewer, gas,
electric, telephone and cable TV, if any.
7) The ditch which passes through Lots 1 and 2 should be
identified as the Riverside Ditch and a centerline descrip-
tion should be provided on the plat in a fashion similar
to the Callahan Subdivision.
8) A water and general utility easement will be required to
connect all the way from the northerly access and utility
easement to the southerly access and utility easement in
the Callahan Subdivision. The exact location of the water
line and general utility easement will depend somewhat on
the existing sewer location. The greater easement require-
ment will be for water, and this will require twenty feet
from the centerline of the existing sewer.
9) As shown, it would appear that the trail easement is prob-
ably not useable due to both proximity to the edge of the
river and the steep embankment. This is rather difficult
to fully ascertain at this time due to the weather condi-
tions; however, it seems prudent to show the approximate
trail alignment further east. In the past the st,andard
permanent trail easement width has been fifteen feet, and
we feel that this is more reasonable than twelve feet
because of the cut and fill which would be required ona
thirty percent cross slope. We also note that there is a
possible conflict in the noted restrictions for the trail
and bridge ~ i.e., some notes indicate for pedestrian and
bicycle use only and others indicate for non-motorized use.
Since the engineering department was not actively involved
in the earlier discussions on this trail alignment, we
would like to have some verification from the County Trails
Coordinator so that we can assure that the proper alignment
and wording is on the final plat.
Should the Planning and Zoning Commission wish to proceed with the
public hearing as scheduled, we would recommend that any approval be
conditioned upon the resolution of the above items.
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Mountain Bell
J. C. Kilmer , SR/WA
Right-of-Way Agent
PO, Box 2688
Grand Junction, Colorado 81501
Phone (303) 243-8011
February 2, 1979
Richard Grice
Planning Office
130 South Galena
Aspen, CO 81611
Re: Gordon Subdivision Preliminary Plat
Dear Mr. Grice,
We have reviewed the preliminary plat of Gordon Subdivision and found
the Utility Easements to be satisfactory as shown.
May we suggest the following phraseology be used in the dedication of
easements within said subdivision.
"And hereby dedicate to the public all the streets, avenues and roads
as shown on the accompanying plat, forever, and dedicate to the UTILITIES
those portions of real property which are labeled as utility easements
on the accompanying plat, as easements for the installation and mainte-
nance of utilities and drainage facilities, including, but not limited
to, electric lines, gas lines, telephone lines; together with the right
to trim interfering trees and brush; together with the perpetual right
of ingress and egress for installation, maintenance and replacement of
such lines; said easements and rights shall be utilized in a reasonable
and prudent manner."
We believe all preliminary, as well as final plats, should show the dedi-
cation or reference to the particular "Protective Covenants" which will
run with the property. Also, all "Private Roads" should be dedicated
to the utilities for the installation, maintenance and operation of gas,
lights, power and telephone lines. No easements should be dedicated to
the property owner, cities or counties exclusively; all easements should
be dedicated to the utility companies.
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Richard Grice
February 2, 1979
Page 2
We appreciate the opportunity of being able to review this plat.
Very truly yours,
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J.C. Kilmer, SR/WA
Right-of-Way Agent
cc: Sheldon Gordon
Jack & Jan Van Horn
Thomas Wells & Associates
Alpine Surveys
Pitkin County Commissioner
Bill McDaniel, Mountain Bell
Nick Marquez, Mountain Bell
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MEMORANDUM
TO: DaveEllis~ City Engineer
Jim Markalunas~ Water Department
Jim Holland, Parks Department
Bob Jacobs~ Fire Marshall
t-5'togie Maddalone~ Electric Department
Rocky Mountain Natural Gas
Mountain Bell
School District RE-l
HolY Cross Electric Asspciation
HeikoKuhne ~ Aspen Metropolitan Sanitation Di stri ct
FROM: Richard Grice~ Planning Office
RE: Gordon Subdivision Preliminary Plat
DATE: January 25~ 1979
The attached preliminary plat has been submitted for your review of the
Gordon Subdivision. This item is tentatively scheduled for review by the
City Planning and Zoning Commission at their regular meeting on February20~
1979. In order to make this date~ we will need your written comments returned
to the Planning Office no:'.later than Febr ary 13~ 1979.
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MEMORANDUM
TO: Dave Elli s, Ci ty Engi neer
Jim Markalunas, Water Department
Jim Holland, Parks Department
Bob Jacobs, Fire Marshall
S!QgieMaddalone, Electric Department
vRockY Mountain Natural Gas
Mountain Bell
School District RE-l
Holy Cross Electric Asspciation
Heiko Kuhne, Aspen~1etropolitan Sanitation District
FROM: Richard Grice, Planning Office
RE: Gordon Subdivision Preliminary Plat
DATE: January 25,1979
The attached preliminary plat has been submitted for your review of the
Gordon Subdivision. This item is tentatively scheduled for review by the
City Planning and Zoning Commission at their regular meeting on February 20,
1979. In order to make this date, we will need your written conments returned
to the Planning Office no:later than February 13, 1979.
Thank you very much.
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MEMORANDUM
TO: Dave Ellis, City Engineer
Jim Markalunas, Water Department
Jim Holland, Parks Department
Bob Jacobs, Fire Marshall
Stogie,Maddalone, Electric Department
Rocky Mountain Natural Gas
Mountain Bell
School District RE-l
Holy Cross 'Electric Asspciatfon
~i ko Kuhne, Aspen Metropol i tan Sanitati on Di stri ct
FROM: Richard Grice, Planning Office
RE: Gordon Subdivision Preliminary Plat
DATE: January 25, 1979
'The attached preliminary plat has been submitted for your review of the
Gordon Subdivision. This item is tentatively scheduled for review by the
City Planning and Zoning Commission at their regular meeting on February 20,
1979. In order to make this date, we will need your written cOlTments returned
to the Pl anning Office no '.1 <iter than February 13, 1979.
Thank you very much.
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FEE SCHEDULE
(C i ty)
Name of Project:
Address:
Applicant's Name: ~ilH!~f~ '!UK. CS-Ld"I"t- Phone: <=tZ~-- t~.G:, i
Applicant's Address: '""BO't: l<llt";, ~sP'N
Amount of Payment: 't'-l- l Date:-4' 9j:J. q C/..<<k M..-. 8'+:1.
Gb t< Do N Su e,t>' v ~ ~ I o"-.}
FOR ZONES.WHICH ARE R-15, R-30, R-40~ RR and CONSERV1HION, the Subdivision
Fee Formula is as follows:
Conceptual $100 + $5.00/dwelling unit
Qreliminary ~ $22.00/dwelling unit
"(Fina!-) $3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
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Conceptual
Preliminary
Final
$10Q + $60.00/acre of land
$280.00/acre of land
$35.00/acre of land
EXEMPTION FROM THE DEFINITION OF SUBDIVISION fEE: $50.00
REZONING APPLICATION FEE: $125.00 (once a year)
CONDITIONAL USE: $20.00
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MEMORANDUM
TO: Aspen Ci ty Counci 1
FROM: Planning Office, Richard Grice
RE: Gordon Subdivision-Conceptual
DATE: December 14, 1978
The attached application requests conceptual approval for the lot-split
subdivision to be called the Gordon Subdivision." The proposed subdivision
will consist of two single family lots, one of which is to be 0.691 acres
and the other 2.392 acres in size. At the present time, the property contains
one single family residence and several out buildings. This application is
exempt from the Growth Management Quota System. Section 24-10.2, subsection
d allows for an exemption from the allotment procedures for the construction
of one single family residence on a lot subdivided after the effective date of
the article where the following conditions are met:
1. The tract of land which was subdivided had a pre-existing
dwelling, and
2. No more than two lots were created by the subdivision.
The property is zoned R-15 P.U.D. The Planning and Zoning Commission
granted an exemption from mandatory P.U.D. feeling that the proposed
development meets the objectives of Planned Unit Development and therefore,
compliance with the article would not be necessary. Each of the two lots
proposed will be of at least standard size, no common area is proposed
and no further P.U.D. purposes as stated in Section 24-8.1 would be served
by requiring the full procedure for the two lot subdivision where one house
is already built.
Jim Markalunas of the Water Department has commented that as long as
the 611 water line on Riverside Avenue and the 811 water line of the
Callahan Subdivision are looped as shown on the plat, Jim has no problem
with this proposal.'
Heiko Kuhn has commented that Aspen Metro and Sanitation has the line
capacity and plant capacity to serve this subdivision, however, they may lack
gravity flow on lot 2 and the owners may have to install a pumping system.
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John Young has reviewed the plat with regard to trails alignment and
comments that there should be an additional trail easement crossing the
property in an east to west fashion. John requests that future submissions
reflect this additional trail and that language appear on future plats as
follows:
liDo hereby agree to grant to the City of Aspen for public
trail purposes as built trail easements closely approximating
the location of the twenty (20) foot trail easements as shown
and noted hereon. The as built trail easement shall be twenty
(20) feet wide, being ten (10) feet on each side of the center
line of the final improvement. This grant of trail easement
shall be for non-motorized uses only, except for motorized
construction and maintenance vehicles. Final exact placement
of the trail shall be determined by the Pitkin County Trails
Di rector. II
Dave Ellis has reviewed this application and initially noted several
engineering concerns. The applicant has satisfactorily responded to those
comments made by Engineering at the P and Z review. The Engineering
Department will not have any additional comments until the preliminary
plat phase.
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The Council will recall several different development proposals having
been presented in the past for this parcel of land. All.of the previous
proposals have had one common problem which has been inadequate access for
the proposed density. After having reviewed this current proposal, the
Engineering Department and the Planning Department feel that the two single
family lots is in keeping with the level of access which can be provided. .
We recommend you approve this conceptual subdivision subject to the conditions
suggested by the Planning and Zoning Commission.
The Planning and Zoning Commission reviewed this application at their
regular meeting on December 5,1978. At that time, they recommended you
approve the Gordon Subdivision conceptually subject to the resolution of
the following conditions:
10 Trail easements to be dedicated to the sati sfaction of John
Young and City Engineer prior to preliminary plat submission,
and
2. The shed which is located on the property line is to be removed,
and
3. The park dedication fee will be required prior to issuance
of additional building permits, and
4. Satisfaction of the concerns expressed by City Engineering
(note: applicant has satisfactorily responded to those concerns).
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MEMO RAN DUM
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TO: Aspen Planning and Zoning Commission
F,ROM: Planning Office, Richard Grice
RE: Gordon Subdivision - Conceptual
DATE: November 29, 1978
The attached application requests conceptual approval for the lot - split
subdivision to be called the Gordon Subdivision. The proposed subdivision will
consist of two single family lots one of which is to be 0.691 acres and the
other 2.392 acres in size. At the present time, the property contains one
single family residence and several out buildings. This application is exempt
from theGrQwthr~anagement Quota System. Section 24 - 10.2 (D) allows for
an exemption from the allotment procedures for the construction of one single
family residence on a lot subdivided after the effective date of the article
where the following conditions are met:
1. The tract of land which was subdivided had a pre-existing dwelling, and
2. No more than two lots were created by the subdivision.
This property is zoned R-15 PUD. We would recommend an exemption from PUD since
both lots proposed would be of at lea.st standard size, no common area is pro-
posed, and no further PUB purposes as stated in 24 - 8.1 would be served by
requiring the full procedure for a two lot subdivision where one house is
already built.
The commission will recall several different development proposals havi'og been
presented in the past for this parcel of land. All of the previous proposals
have had one common problem which has been inadequate access for the proposed
density. After having reviewed this current proposal, the engineering depart-
mentand the planning department feel that two single family lots is in
keeping with the level of access which can be provided.
Dave Ellis has noted several engineering concerns. "In reviewing the title
committment on the property, we discovered that copies of several documents
and exi bi ts referring to easements and access were not submi tted. These
include Book ~ :;!g::q~6 Book 350, Page 450; ,BOOk 351 , Page 146; and the
exibit to Boo - _Q_ __Q_ __9 In addition, we need a clarification of the
exibit with Book 316, Page 961. At the time of prelimary plat revie\'i,
we \'Iill need to have the scope and use of the prescriptive easement through
the Kasel ic property qualified. From rev; ews of earlier proposal s, we would
anticipate that there are no significant problems with any of these easements,
and the engineering department recommends conceptual approvalat'thistime."
The planning office r.ecommends conceptual approval of the Gordon Subdivision
subject to the resolution of specific engineering concerns tn the preliminary
plat phase. A park dedication fee will be required prior to the issuanCe
of any building permit.
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M E MaR AND U M
TO:
RICHARD GRICE
PLANNING
DAVE ELLIS ~~
CITY ENGINEER~l--
FROM:
DATE:
November 28, 1978
RE:
Gordon Subdivision - Conceptual Review
Over a period of years several different development proposals
have been presented for this parcel of land, All of the previous
proposals have had one common problem which has been inadequate
access for the proposed density. After reviewing this current
proposal, the engineering department feels that the two single-fam-
ily lots is in keep~rig with the level of access which can be pro-
vided. In reviewing the title commitment on the property, we
discovered that copies of several documents and exhibits referring
to easements and access were not submitted. These include Book 249,
Page 596; Book 350, Page 450: Book 351, Page 146; and the exhibit
to Book 309, Page 165. In addition, we need a clarification of
the exhibit with Book 316, Page 961. At the time of preliminary
plat review, we will need to have the scope and use of the pre-
scriptive easement through the Kastelic property qualified. From
reviews of earlier proposals, we would anticipate that there are
no significant problems with any of these easements, and the engi-
neering department recommends conceptual approval at this time.
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M E M 0 RAN 0 U M
The attached application requests conceptual approval for a lot split
on 1 and \1hich you have each previ ously reviewed for the si x unit Van
Horn Subdivision under Gro\'/th Management. The impacts are obviously
less than in the previous proposal.
The item is tentatively scheduled for P&Zreview on December 5.
Written comments should be returned to the Planning Office no later
than Tuesday, November 28, 1978.
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M E M 0 RAN DUM
TO: Da ve Ell is, Engi neeri ng Department
Jim Markelunas, Water Department
Heiko Kuhn, Aspen Metro & Sanitation
FROM: Richard Grice, Planning Office
RE: Gordon/Van Horn Subqivision - Conceptual Lot Split
DATE: November 10, 1978
The attached application requests conceptual approval for a lot split
on land which you have each previously reviewed for the six unit Van
Horn Subdivision under Growth Management. The impacts are obviously
less than in the previous proposal.
The item is tentatively scheduled for P&Z review on December 5.
Written comments should be returned to the Planning Office no later
than Tuesday, November 28, 1978.
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 1815
ASPEN. COLORADO 81611
TELEPHONE (303) 925-1216
November 9, 1978
Mr. Richard Grice
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Gordon Subdivision
Dear Richard:
As discussed, I am transmitting 10 copies of the
Conceptual Presentation, Conceptual Plat and attendant
materials (see list of enclosures) in the above matter,
together with filing fee in the amount of $110.00 payable
to the City of Aspen via my law office check No. 850
dated 11/9/78.
I understand that you have set this matter for a first
hearing date with Aspen P & Z at its regular meeting on
Tuesday, December 5, 1978 at 5:00 P.M. or later.
Please let me know if you need anything else from us
at this time.
Yours very truly,
~cott III
FS/jeo
enc.
cc: Sheldon Gordon
Albert Kern, Esq.
Enclosures: 10 copies of:
Conceptual Presentation
Conceptual Plat
Ginsberg-Gordon deed; Decree in Quiet Title
Action; Agreement (re Goldsamt road easement);
Stipulation (re "Kastilic road easement);
Easements (reciprocal road and utility easements)
Page 1 - Stewart Title Title Insurance Commitment
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Alpine Surveys
PosfOffice Box 1730
Aspen, Colorado 81611
303 925 2688
November 9, 1978
Property Own.ers Adjacent to Gordon Subdivision
Elizabeth Marie Jones
P. O. Box P
Aspen, Colorado 81611
Norma J. McLain
P. O. Box 832
Aspen, Colorado 81611
Ben C. Deane
500 Newport Center Drive
Newport Beach, California 92660
Andrew V. Hecht, Trustee
601 E. Hyman
Suite 201
Aspen, Colorado 81611
Marvin M & Laura D. Durrenberger
Box 1072
Aspen, Colorado 81611
Edna Tranier
1202 DWestlake Blvd.
Westlake Village, Califoln'lia 91360
Ericka Grob (Now Mrs. Robert Murray)
21 Flint St.
Salem, Massachusetts 01970
StephenA. & Phyllis S. Smi1ack
P. O. Box 702
BaSalt, Colorado 81621
Patricia Maddalone
P. O. Box 40
Aspen, Colorado 81611
T~ustee for Marie Fabienne Benedict Trust
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CONCEPTUAL PRESENTATION
TO
CITY OF ASPEN PLANNING COMMISSION
FOR THE
GORDON SUBDIVISION
This presentation is made pursuant to the Aspen
Subdivision Regulations (Chapter 20) for and on behalf
of Sheldon Gordon and Jack E. Van Horn, Jr. and Jane E.
Van Horn (applicants/subdividers) for the Gordon Subdivision.
The name of the proposed subdivision is the GORDON
SUBDIVISION.
The names, addresses and telephone numbers of the
applicants/subdividers are as follows:
Sheldon Gordon
1801 Century Park East
Los Angeles, California 90067
213-277-8101
Jack E. Van Horn, Jr. and Jane E. Van Horn
P. O. Box 1585
Aspen, Colorado 81611
303-925-1585
or
1172 Aparrel Mart
2300 Stemnons Freeway
Dallas, Texas 75207
Gordon and the Van Horns each own an undivided 50%
interest in and to the real property, which is the subject
of this presentation. Gordon and the Van Horns have
entered into their Purchase and Sale Agreement, dated
September 8, 1978, which provides for the purchase by Gordon
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(b) The plat shows proposed pedestrian
bike trail as shown on City Trail System map.
(c) The plat shows standard flood plain
line. There are no other natural hazard areas, geolo-
gical or soil stability or any other matters referred
to in the Aspen Subdivision Regulations, which are
known to applicants/subdividers or which pertain
hereto.
Applicants/subdividers state that to the best of their
information and belief this proposed subdivision plan is
reasonable and in full conformity with the design require-
ments of the Aspen Subdivision Regulations, will have no
adverse effects upon surrounding or adjacent areas and in
all other respects complies with the intents and purposes
of the Aspen Subdivision Regulations.
Respectfully submitted,
~o~~ ~
Attorney for Sheldon M.
P. O. Box 1815
Aspen, Colorado 81611
(303) 925-1216
Gordon
AID r for Van Horns
P. O. Box 389
Aspen, Colorado 81611
(303) 925-7411
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VERIFICATION OF OWNER
AS TO
GORDON SUBDIVISION CONCEPTUAL PRESENTATION
The undersigned states under oath that he has
read the subject Conceptual Presentation for the Gordon
Subdivision, has reviewed the accompanying Alpine Survey
subdivision maps or plats, knows the contents thereof
and that the same are true and correct to the best of
his information and belief.
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STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
The fo~~going inst;uwent was/~?knowledged before
IDe this 7~ day of '7~~ , 1978 by
Sheldon M. Gordon.
Witness my hand and official seal.
My Commission expires: 1JtCUV. 17, /9'0 .
~t1 W~
Notary Public
OFFICIAL SEAL
ANN B. WINKLER
~ NOTARY PUBLIC" CALIFORNIA
LOS ANGELES COUN'N
My comm. expires M!\R 17. 1!~80
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SCHEDULE A
Order Number: 8024
Commitment Number: CC79642
1. Effective date: May 31, 1978 at 8:00 A.M.
2, Policy or Policies to be issued:
Amount of Insurance
Premium
A. ALTA Owner's Policy
Proposed Insured:
$158,016.53
$256.87
SHELDON M. GORDON
B. ALTA Loan Policy
Proposed Insured:
$
c.
sTax Certificate
$5.00
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto
is at the effective date hereof vested in:
JACK E. VAN HORN, JR. and JANE E. VAN HORN, as to an undivided one-half interest;
and RUEBEN M. GINSBERG, Trustee, as to an.. undivided one-half interest. (see
Exception No. 14)
4. The land ,referred to in this commitment is described as follows:
An undivided one-half interest in and to: A parcel of land being part of
RIVERSIDE PLACER MS 3905 AM andT~~ct B Aspen Townsite Addition, Section 18
Township 10 South, Range 84 West of the Sixth Principal Meridian described
as follows:
Connnencing at the center West. cOrner of Lot 14, Block 1 RIVERSIDE SUBDIVISION
Book 2A, page 179, being 154.48 feet South 33033' East from corner 8 of Riverside
Placer MS 3905 AM (Corner 8/3905AM) (A 1954 Bureau of Land Management Brass Cap)
thence North 87042' West 8.77 feet to a point whence Corner 9 of the Riverside Placer
MS 3905 AM (a sandstone rock corner in place) bears South 04001' West 1096.45 feet
and the true point of beginning;
thence South 21041' East 131.20 feet;
thence South 08030' West 115.30 feet;
thence South 39037' West 21.85 feet;
thence South 41011' East 152.60 feet;
thence West 194.52 feet to line 8-9 Riverside Placer MS 3905 AM,
thence South 458 feet along line 8-9 Riverside Placer to the center of the Roaring
Fork River;
thence Norther1ycalong the center of the Roaring Fork River being the approximate
centerline courses as follows:
North 36035' West 135 feet: North 01040' East 156 feet, North 23015" West
222 feet, North 15035' East 204 feet, North 19048' West 177.44 feet to a point
on the North line of property described. in Deed recorded April 23, 1974 in
Book 286 at page 406;
thence along said North line South 89035' East 177.02 feet and South 87042'
East 76.60 feet to the True Point of Beginning,
Coun~y of Pitkin, State of Colorado.
Page 2
STEWART TITLE
GUARANTY COMPANY
406002
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MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Gordon Subdivision-Conceptual
DATE: January 4, 1978
The attached application which was tabled at your December 18, 1978
meeting requests conceptual approval for the lot-split subdivision
to be called the Gordon Subdivision. The proposed subdivision will consist
of two single family lots, one of which is to be 0.691 acres and the other
2.392 acres in size. At the present time, the property contains one single
family residence and several out buildings. This application is exempt from
the Growth Management Quota System. Section 24-10.2, subsection d allows for
an exemption from the allotment procedures for the construction of one single
family residence on a lot subdivided after the effective date of the article
where the following conditions are met:
1. The tract of land which was subdivided had a pre-existing dwelling, and
2. Not more than two lots were created by the subdivision.
The property is zoned R-15 P.U.D.. The Planning and Zoning Commission
gnanted an exemption from mandatory P.U.D. feeling that the proposed develop-
ment meets the objectives of Planned Unit Development and therefore compliance
with the article would not be necessary. Each of the two lots proposed
will be of at least standard size, no common area is proposed and no further
P.U.D. purposes as stated in Section 24-8.1 would be served by requiring
the full procedure for the two lot subdivision where one house is already built.
Jim Markalunas of the Water Department has commented that as long as
the 611 water line on Riverside Avenue and the 811 water line of the Callahan
Subdivision are looped as shown on the plat, Jim has no problem with this
proposa 1 .
Heiko Kuhn has commented that Aspen Metro and Sanitation has the line
capacity and plant capacity to serve this subdivision, however, they may
lack gravity flow on lot 2 and the owners may have to install a pumping system.
A meeting was held today, wflich was attended by John Young, Mick
Mahoney, Jim Holland, Jolene Vrchota, and myself, in which we reviewed
the need for a trai 1 s easement through this property. The Master Pl an ca 11 s
for a trail to cross the property in an east to west fashion. The plat
itself shows a trail running along the river north to south. Due to the
fact that the City owns the riverfront property immediately on the other
side of the river from this tract, we came to the conclusion that the
only logical addition to the trails system that this property can offer
would be the crossing from east to west. The staff as well as the applicantJs
attorney felt that a location for the easement through the property did exist
which would be compatible with the future location of a residence as well as
with the needs of the trail system. I have attempted to illustrate the loca-
tion of this approximate easement on the map which is included in your packet.
John Young will be present at this meeting on Monday to answer any questions
you may have. We do expect that it will be necessary to approve this
conceptual subdivision with a trail easement dedication which is somewhat
ambiguous but which would be generally acceptable to the owners of the property.
Dave Ellis has reviewed this application and initially noted several
engineering concerns. The applicant has satisfactorily responded to those
comments made by Engineering at the P and Z review. The Engineering Depart-
ment will not have any additional comments until the preliminary plat phase.
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The Council will recall several different development proposals having
been presented in the past for this parcel of land. All of the previous
proposals have had one common problem which has been inadequate access for
the proposed density. After having reviewed this current proposal, the
Engineering Department and the Planning Department feel that the two single
family lots is in keeping with the level of access which can be provided.
We recommend you approve this conceptual subdivision subject to the conditions
suggested by the Planning and Zoning Commission.
The Planning and Zoning Commission reviewed this application at their
regular meeting on December 5, 1978. At that time, they recommended you
approve the Gordon Subdivision conceptually subject to the resolution of
the following conditions:
1. Trail easements to be dedicated to the satisfaction of John
Young,and City Engineer prior to preliminary plat submission,
and
2. The shed which is located on the property line is to be removed,
and
3. The park dedication feewii1 be required prior to issuance
of additional building permits, and
4. Satisfaction of the concerns expressed by City Engineering
(note: applicant has satisfactorily responded to those concerns).
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Recorded 3: 45 PM June 26 1978 Recept i on # 2052(t~ Ju 1 i e Hane Recorder
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AGREEMENT
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THIS AGREEMEN'r made and entered into this ;27 -- day of
4/). J u. >f, 1977, by and between JACK E. VAN HORN, JR.
and JANE E. VAN HORN, hereinafter referred to as "Van Horns",
JIll .'
and SHELDON GORDON, hereinafter referred to as "Gordon".
WHEREAS, Gordon is entering into a Receipt and Option
Contract for the purchase of an undivided one-half interest in
unimproved real property with Rueben M. Ginsberg, Trustee, and
Van Horns presently own the other undivided one-half interest
in said property, which property is described and set forth on
the attached Exhibit A,
AND, WHEREAS, the parties hereto desire to set forth their
general understanding as to the ultimate division or development
of said property.
NOW, THEREFORE, in consideration of the premises and mutual
covenants herein set forth, it is agreed as follows:
1. In the event Gordon becomes the owner of an undivided
one-half interest of said property, the parties hereto agree to
mutually cooperate in the subdivision or division of said property
on an equal basis.
2. In the event the parties are unable to obtain subdivision
approval or subdivisiofr exemption in accordance with their
eventual agreement upon division of the property, Gordon shall
have the right to obtain the first building permit from the
City of Aspen on said property for a residence located on his
portion of the property that shall be mutually agreed upon.
3. Prior to subdivision or subdivision exemption, the parties
shall cooperate in obtaining and paying for public liability
insurance covering said property.
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WCl350 M451
4. The total size of the subject real property is
approximately 135,000 square feet. The parties contemplate
that any subdivision or division of the property shall be
such that Van Horns shall be the owners of the old Vedic house
presently located on the property, including all that portion
of the property situated to the north of the red divider line
having a bearing of S 860 0' E as drawn on Survey Engineer's, Inc.
Topographic Survey of the Van Horn property (Job #23l9A); further
it is contemplated that Gordon shall be the owner of that portion
of the property situated to the south of said divider line.
These foregoing references are meant to indicate the parties'
preliminary concepts for subdivision or division of the property.
Said Topographic Survey is intended by these references, whether
attached or not, to be a part of this agreement.
It is also
anticipated that after final subdivision or division plans are ~
agreed upon and finally prepared, Gordon's portion !::I';xceed ~
Van Horns' by approximately 30,000 square feet and that, con-
sequently, Gordon will purchase such additional square feet ~
from the Van Horns at the rate of $2.50 per square foot as is ~'
necessar~M.!':::m~~ 'ti!!!'~ ~~~f~!(L:I~-~~~~"!;~~~ M,
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P~~~cLLy. Anything to the contrary notwithstanding, it is
contemplated that Van Horns shall own as much property as is
necessary to meet City of Aspen requirements for two buildable lots~
in the contemplated subdivision up to a total of 65,000 square fee~t
5. It is agreed that, in the event of the parties' failure~~
h' . f 1 f h .. ~~.
to ac leve a satlS actory en argement 0 t e prescrlptlve ~'ft.'
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Kastelic easement and/or if required for city subdivision a~prov '~
then Van Horns shall receive a vehicular easement for ingress
and egress to their'eventual property line from the Aspen Club
easement recorded in Book 316 at Page 902 in the records for
Pitkin County, Colorado, across property to be eventually owned
by Gordon and along a reasonable and practical route to be agreed
upon by the parties; further, it is agreed that Gordon shall
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-350 '''Gl452
receive an easement for pedestrian and bicycle right-of-way
across that portion of property eventually to be owned by
Van Horns, if possible, in connection with the proposed
rectifications of the Kastelic easement.
THIS AGREEMENT shall inure to and for the benefit of the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
cJa~1 t.1 d" $fiC
/'J CK E. VAN HORN, JR. (
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SHELDON" GORDON
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Re~~cd 10:44 A.M. July 11,1978 i~
Rect::ptionlf
ta Banner Recorder
9QOt: 351 Pltt1 ~
205595
between Van Horns
EXHIBIT "A" to Agreement/dated
August 27, 1977, Reception #205243
(Book 350, Page 450)
and Sheldon M.
Gordon
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A parcel of land being part of RIVERSIDE P~OER~,MS 3905 AM
a~d Tract B Aspen Townsite Addition, Section 18 Township 10
,J'1.;'l: lSOuth, Range 84 West of the Sixth Principal ~1eridian
described as follows:
Commencing at the center West corner of Lot 14, Block 1
RIVERSIDE SUBDIVISION, Book 2A, page 179, being 154.48 feet
South 33033' East from corner 8 of Riverside Placer MS 3905
AM (Corner 8/3905AM) (A 1954 Bureau of Land Management
Brass Cap)
Thence North 87042' West 8.77 feet to a point whence Corner 9
of the Riverside Placer MS 3905 AM (a sandstone rock corner
in place) bears South 04001' West 1096.45 feet and the true
point of beginning;
thence South 21041' East 131.20 feet;
thence South 08030' West 115.30 feet;
thence South 39037' West 21.85 feet;
thence South 41011' East 152.60 feet;
thence West 194.52 feet to line 8-9 Riverside Placer MS
3905 AM,
thence South 458 feet along line 8-9 Riverside Placer to
the center of the Roaring Fork River;
thence Northerly along the center of the Roaring Fork River
being the approximate centerline courses as follows:
North 36035' West 135 feet: North 01040' East 156 feet, North
23015" West 222 feet, North 15035' East 204 feet, North
19048' West 177.44 Feet to a point on the North line of
property described in Deed recorded April 23, 1974 in Book
286 at Page 406;
thence along said North line South 89035' East 177.02 feet
and South 87042' East 76.60 feet to the True Point of Beginning.
Together with an undivided one-half (1/2) interest in and
to the RIVERSIDE DITCH No. 206, Priority No. 287 water rights
and/or any other ditch and water rights which are appurtenant
to the subject land, without warranty.
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AGREEMENT
WHEREAS, ROBERT S. GOLDSAMT entered into a Grant of
Easement, dated September 20, 1976, and recorded in Book 316
at Page 961 of the records of Pitkin County, Colorado; and
WHEREAS, Grantees agreed in Paragraph 2 of said Grant
of Easement to construct no more than a twenty-two (22) foot
wide strip of paving; and
WHEREAS, said Paragraph 2 prohibited paving of solid
asphalt;
NOW, THEREFORE, for good and valuable considerations,
it is recognized and agreed that the Grantees of said easement
may pave said road easement with asphalt and such paving has
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been approved by the Grantor of said easement. It is further
agreed that Paragraph 7 of said easement requiring construction
of the twenty-two (22) foot wide strip of paving by September 1,
1978 has been met and fulfilled. All other provisions contained
in said easement shall remain in full force and effect.
ROBERT S. GOLDSAMT
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Andrew V. ~echt, Esq.
As Attorney-in-Fact for Robert Goldsamt
JACK E. VAN HORN,
JANE E. VAN HORN,
SHELDON M. GORDON,
ASSIGNEES
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