HomeMy WebLinkAboutcoa.lu.su.165 Park Circle
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.'lWcb:rd~d :11 PM May 1, 1978~ePtion # 203644
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SUBDIVISION IMPROVEMENTS AGREEMENT
165 PARK CIRCLE CONDOMINIUMS
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THIS AGREEMENT, made and entered into this Il>~ay of
Fe~~~ary, 1978, by and between CV ASSOCIATES (hereinafter referred
to as "owner and subdivider") and the CITY OF ASPEN, COLORADO,
a municipal corporation (hereinafter referred to as "City"):
WIT N E SSE T H :
WHEREAS, owner and subdivider has submitted to the City for
subdivision approval, execution and recording, a Final Plat of the
165 Park Condominiums Subdivision consisting of that tract of land
described in Exhibit A, attached hereto and incorporated by this
reference, and
WHEREAS, the City has fully considered subh Final Plat and
is willing to grant approval of and execute said plat upon owner
and subdivider's agreement to make adequate provision for future
improvements, and
WHEREAS, the owner and subdivider is willing to accept these
conditions, and to enter into this agreement with the City to
provide for the same;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties hereto stipulate and agree as
follows:
1. Owner and subdivider acknowledges that the present design
provisions of the City's subdivision ordinance contain requirement
for street surfacing, sidewalk, curb and gutter construction,
d~ainage improvements, and other necessary improvements, to which
the proposed subdivision does not entirely conform.
2. City acknowledges that the general area within which the
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ubdivision lies was platted and partially developed prior to adop-
of the present design requirements and does not wholly meet
design requirements. Therefore, in lieu of requiring owner
subdivider to install subdivision improvements which mayor
not conform with similar improvements that may subsequently be
equired in the general area, the City, as a condition of approving
he Final Plat, will require owner and subdivider, for itself, its
uccessors in interest, grantees and assigns, to make certain coven
agreements which will provide for such subdivision improve
be constructed and paid for in the future, all as specifie
n paragraphs 3 and 4 hereof.
3. Owner and subdivider, for itself, its successors in
"nterest, grantees and assigns, covenants and agrees to and with
he City that it will affirmatively consent to and join in the
ormation of any special improvement district, encompassing all or
part of the subdivision, ,that may hereafter be proposed or form d
or the construction of any improvement required by the City's sub-
ivis:ion ordinance as now in force and effect respecting street
"mprovements (including paving, curb and gutter, and sidewalk) and
rainageimprovements. Further, owner and subdivider waives and
urther covenants and agrees to waive any right of protest against
he formation of any such district for the enumerated purposes.
4, Owner and subdivider, for itself, its successors in
'nterest, grantees and assigns, covenants and agrees that in the
City undertakes street improvements (including paving,
urb and gutter, and sidewalks) without the formation of a special
district when such street improvements include improve-
ents in or abutting the property described in Exhibit A, it will
ay the actual cost of any such improvements abutting or within
he tract described in Exhibit A, such payment to be made to the
ity within ninety (90) days after completion of the improvements
nd on receipt of written notice and demand for such payment.
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5. The parties agree ,that the bonding and escrow procedures
provided for in Section 20-16 of the Municipal Code of the City of
Aspen, Colorado, are not necessary to enforce the provisions of
this agreement and such bonding and escrow procedures are hereby
waived by the City.
6., Owner and subdivider agrees that the number of parking
spaces existing on the site shall be maintained, and that no
additional structures shall be constructed on the site such as to
reduce that area available for parking as shown on the Final Plat.
7. Owner and subdivider, for itself, its successors in
interest, grantees and assigns, covenants and agrees that no unit
wi,thin the subdivision will be leased, in anyone year, for more
than two (2) terms that are each of less than six (6) months 1
duration.
8. Owner and subdivider agrees that each tenant leasing and
residing in a unit within the subdivision at the date of this
agreement shall have the right to purchase the unit within which h
or she resides under such lease, at the market value as determined
by the owner and subdivider, for a period of ninety (90) days from
the date on which. notice of the offering of the unit for sale is
delivered to such tenant by the owner and subdivider, or its attor
ney or agent. This right shall extend to the first sale only,
and shall not be deemed to give any rights either to other tenants
or to subsequent sales.
9". The covenants and agreements of the owner and subdivider
herein shall be deemed covenants that run with the land, shall bur
den the land included within the Subdivision, and shall bind and be
pecifically enforceable against all present and subsequent owners
hereof, including 'owner and subdivider, its successors in interest
nd assigns. To adequately apprise successors in interest of these
bligations, owner and subdivider will incorporate by reference
ithin the Condominium Declaration of 165 Park Circle Condominiums
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appropriate references to the obligations assumed herein.
10. The existing fence along a portion of the southeasterly
property line encroaches into the Park Circle right-of-way. This
fence must be removed by June, 1978, and, if desired, reconstructed
along the inside of the property line after obtaining the required
permit from the Building Department.
11. If the gravel drive and parking area shown on the plat
is ever paved, it shall be graded so as to drain into drywells on
the site which shall be constructed for this purpose.
12. Upon execution of this Agreement by all parties
hereto and receipt of appropriate recording fees, City agrees to
approve and execute the Final Plat and to authorize the recording
of the same in the real property records of Pitkin County, Colorado.
CV ASSOCIATES
artner
CITY OF ASPEN
StandlgII,
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TATE, OF COLORADO )
) ss.,
OUNTY OF PITKIN )
The
fo~nstrument
/" 1978,
Mayor and City Clerk,
was acknowledged before me this
day of
by Stacy Standley III and Kathryn
Hauter,
respectively, of the City of Aspen
olorado.,
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Witness my hand and official seal. ,/.;'''1/ r::\'1'~i9%.>~~~
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My cOIlUllission expires: !~y Gommissi;m Ex,ires lan, 2.r,I~~:, -{:/ij [a\\ /:: /
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
10 day of ~,
7
, 1978 by James J. Costley, for
CV Associates.
Witness my hand and official seal.
My cOIlUllission expires:
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BOOK 347 f,!GE 80
EXHIBIT A
TO
SUBDIVISION IMPROVEMENTS AGREEMENT 165 PARK CIRCLE
CONDOMINIUMS
Parcel A:
according
3 at page
All that part of Lot 4, SUNNY PARK SUBDIVISION,
to the recorded plat thereof recorded in Plat Book
18, described as follows:
Beginning at the Northwest corner of Lot 4, Sunny Park Sub-
division as per Plat recorded ,in Plat book 3, page 18 of the
records for Pitkin County, Colorado; thence South 52000'
East 122.24 feet; thence South 41020' West 10.78 feet:
thence North 52000' West 121.62 feet; thence North 38000'
East 10.77 feet to the point of beginning.
Parcel B: Lot 6, SUNNY PARK SUBDIVISION, according to the
recorded plat thereof recorded in Plat book 3 at page 18,
EXCEPT that portion described as follows:
Beginning at a point North 38000' East 59.40 feet from the
West corner of said Lot No. 6 and running thence North
38000' East 60 feet to the North corner of said Lot No.6;
thence South 52000' East 129.21 feet to the East corner of
said Lot No.6 thence South 41020' West 60 feet; thence
North 52000' West 127 feet more or less to the point of
beginning.
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Office (KS)
RE: 165 Park Circle - Final Plat
DATE: February 9, 1978
This is another of the several multi-family condominiumization
applications which received conceptual approval on May 23, 1977.
This one involves a four-unit building in the RMF Zone district
at 165 Park Circle, which is now owned by CV Associates. Pre-
liminary plat approval was granted by the P&Z on October 4, 1977,
subject to resolution of the concerns of the Engineering Depart-
ment. The six-month minimum lease and 90-day right of first
refusal conditions have been incorporated in the subdivision
agreement submitted to us with the final plat.
Engineering has recommended several technical amendments
to the plat and will review a revised plat and comment prior to
the Monday meeting. They also requested that two paragraphs be
added to the subdivision agreement which would:
a.
Commit the subdivider to remove a fence encroaching
on the street right of way.
b.
Requiring drainage drywells in the parking lot, when
and if the parking lot is paved.
We
that all
approval
expect an amended agreement before the hearing. Assuming
the concerns are satisfactorily addressed, we recommend
of the Final Plat on Monday.
KS:mc
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MEMO
TO:
PLANNING DEPARTMENT A1)('/
ENGINEERING DEPARTMENTr IGJ
February 9, 1978
FROM:
DATE:
HE:
165 Park Circle Condos -'Final Plat
I have reviewed the plat with the applicant, and he has agreed to make
seve~al technical chsnges re~uested, In addition, I have re~uested that
he add two paragraphs to the sUbdivision agreement, one committing him
to remove an existing encroaching fence, and a second re~uiring drain-
age dryWells in the parking lot should it ever be paved, He has agreed
to make these changes, and ,I recommend approval conditional on these
being completed satisfactorily.
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M E M 0 RAN DUM
TO: Tom Jones, Engineering
Oorothy Nuttall, City Attorney
FROM: Planning Office (KS)
RE: Costley Condominiums - Final Plat
DATE: January 18, 1978
Attached is the Final Plat and Subdivision Improvement Agreement for the
Costley Condominiums on Park Circle. I have not yet seen the Subdivision
Agreement but asked the applicant to follow the same format as for the
Jacobie Condominiums recently submitted also, The park dedication fee
must also be calculated.
Since the Final Plat Submission is not complete as of this writing,
(January 12), the matter should not be scheduled for the January
23rd Council meeting, but wait until the Feburary 13th meeting. I
will have to review when I return on January 30th. I have so advised
the applicant, but perhaps you can begin your review.
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: 165 Park Circle Subdivision - Preliminary Plat
DATE: September 30, 1977
At a public hearing on Tuesday, October 4th, the Planning and Zoning
Commission will be asked to review the preliminary plat of CV Associates,
The proposal requests condominiumization of 4 units in an existing
bUilding in the RMF zone district, The building is in conformance
with the zone district requirements.
We have referred the matter to various City agencies and received
comments from Aspen Water, Aspen Metro Sanitation, the Fire Marshal,
and Rocky Mountain Natural Gas. All indicated no problem, We are
expecting further comment from the City Engineer who, on a preliminary
basis, has indicated approval.
The Planning Office finds no problem with the proposal and recommends
approval sUbject to a six month lease restriction and 90 day right of
first refusal to existing tenants as well as payment of the appropriate
park dedication fee,
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MEMO
TO:
FROM:
DATE:
RE:
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KAREN SMITH
PLANNING DEPARTMENT
DAVE ELLIS ~~
CITY ENGINEER ~
September 30,1977
165 Park Circle Subdivision - Preliminary Plat Review
The Engineering department recommends approval of the
preliminary plat subject to the following comments:
1) A final resolution of the metes and bounds
for the northeasterly property line (common
with the Jacobie SUbdivision) must be arrived
at before final plat. Both parties have been
alerted to this and there should be no serious
problems,
2) Silver King Drive was changed to Matchless Drive
a few months ago,
3) The split rail fence in the ROW should be set
back to the property line.
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ASPEN METROPOLITAN SANITATION DISTRICT
Box 2810 . Aspen, Colorado 81611 303/925-2537
Sept. 19, 1977
di ty of Aspen
Planning Office
130 S, Galena St,
Aspen, Co, 81611
RE: Sunny Park Subdivision
Att: Karen Smith
Dear Ms. Smith:
Sewer service can be provided to this subdivision by the Park Circle
Sanitation District line,
Sincerely
Aspen Metropolitan Sanitation District
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Heiko Kuhn, Manager
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ning Office
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1611
September 19, 1977
TO ADJACENT PROPERTY OWNERS:
Notice is hereby given that a public hearing will be held on October
4, 1977 at a meeting held at 5:00 p.m, in the City Council Chambers,
Aspen, before the Aspen Planning and Zoning Commission to consider the
Preliminary Plat submission for CV Associates for a subdivision
exemption for an existing fourplex located on Lot 4, Sunny Park
Subdivision, 165 Park Circle.
A copy of the preliminary plat may be examined in the office of the
City/County Planner, City Hall during regular business hours.
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Re:
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PUBLIC NOTICE
165 Park Circle
Preliminary Plat
.
Notice is hereby given that a public hearing will be held on October
4. 1977. at a meeting held at 5:00 p.m. in the City Council Chambers,
Aspen, before the Aspen Planning and Zoning Commission to consider the
Preliminary Plat submission for CV Associates for a subdivision
exemption for an existing fourp1ex located on Lot 4, Sunny ,Park
Subdivision, 165 Park Circle.
A copy of the preliminary plat may be examined in the office of the
City/County Planner, City Hall during regular business hours.
Published in the Aspen Times, Thursday, September 22, 1977
/s/ Kathryn S. Hauter
Ci ty Cl erk
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M E M 0 RAN DUM
TO:
CityJEngineering Department
~Water Department
City Parks Department
Fire Marshal
Holy Cross Electric
Rocky Mountain Natural Gas
Mountain Bell //"
Aspen Sanitation District
FROM: Karen Smith, Planning Office
RE: Preliminary Plat of CV Associates
DATE: September 9, 1977
Attached is the preliminary 'plat submission for CV Associates for a
subdivision exemption for an existing fourp1ex located on Lot 4,
Sunny Park Subdivision, 165 Park Circle.
Mr. Costly will appear before the Planning and Zoning Commission on
October 4, 1977. We would appreciate your comments as soon as
possible.
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MEMORANDUM
TO: City Engineering Department
City Water Department
City Parks Department
Fire Marshal
Holy Cross Electric
~y Mountain Natural Gas
Mountain Bell /
Aspen Sanitation District
FROM: Karen Smith, Planning Office
RE: Preliminary Plat of CV Associates
DATE: September 9, 1977
Attached is the preliminary plat submission for CV Associates for a
subdivision exemption for an existing fourp1ex located on Lot 4,
Sunny Park Subdivision, 165 Park Circle.
Mr. Costly will appear before the Planning and Zoning Commission on
October 4, 1977. We would appreciate your comments as soon as
possi b1e.
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M E M 0 RAN DUM
TO: City Engineering Department
City Water Department
City Parks Department
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Holy Cross Electric
Rocky Mountain Natural Gas
Mountain Bell /
Aspen Sanitation District
FROM: Karen Smith, Planning Office
RE: Preliminary Plat of CV Associates
DATE: September 9, 1977
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Attached is the preliminary plat submission for CV Associates for a
subdivision exemption for an existing fourp1ex located on Lot 4,
Sunny Park Subdivision, 165 Park Circle,
Mr, Costly will appear before the Planning and Zoning Commission on
October 4, 1977. We would appreciate your comments as soon as
possible,
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MEMORANDUM
TO:
Aspen City Council
FROM
Planning Staff (HC)
RE:
C. V. Associates, Lot 4 Sunny Park Subdivision
Conceptual subdivision
DATE:
May 18, 1977
This is a request for conceptual subdivision approval by C. V.
Associates (Jeff costley) to condominiumize an existing four-
plex located on Lot 4, Sunny Park subdivision. The property
is zoned RMF/PUD. The project has previously received
exemption from PUD requirements and a subdivision exemption
for the construction of apartment units.
The P & Z has approved the request subject to ,the concerns of
the planning office. The comments of the planning office are
as follows:
1. We agree with the comments of the city engineer in
that a full subdivision should be followed to allow
adequate time for resolution of the general technical
concerns listed.
2. We recommend approval of the conceptual subdivision
application subject toa minimum six (6) month lease
restriction and a 90 day notice to existing tenants
giving a non-assignable right of first refusal to
purchase the units at market value.
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MEMO
TO:
FROM:
DATE:
RE:
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HAL CLARK
PLANNING DEPT.
DAVE ELLIS
CITY ENGINEER ~~
January 28, 1977
C, V. Associates Request for Subdivision Exemption
In reviewing this request it is the opinion of the
engineering department that an undesirable precedent
would be established if the requested exemption were
to be granted. There is also some concern for under-
grounding of utilities, a utility easement, correction
of survey, removal of fence encroachments and street
improvements, all of which can be addressed through
the normal subdivision procedure.
The engineering department recommends denial of the
subdivision exemption, and in the alternative, approval
of conceptual subdivision upon presentation of the
required material.
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MEMORANDUM
TO:
Dave Ellis
FROM:
Planning Staff (HC)
RE:
Subdivision Exemption - CV Associates, Lot 4 Sunny Park
Subdivision
DATE:
January 11, 1977
Attached or your review and comment is a request by CV Associates
(Jeff Costley) for a subdivision exemption for an existing fourplex
located on Lot 4, Sunny Park Subdivision,
We will schedule a Planning Commission hearing upon receipt of your
comments.
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APPLICATION FOR EXEMPTION
Pursuant to Section 20-19 of Chapter 20 of the Municipal Code
of the City of Aspen, CV ASSOCIATES hereby applies for an exemption from
the definition of the term "Subdivision" with respect to the real property
described as:
Parcel A: All that part of Lot 4, Sunny Park Subdivision,
according to the recorded plat thereof recorded in Plat Book
3 at page 18, described as follows: Beginning at the North-
west corner of Lot 4, Sunny Park Subdivision as per Plat
recorded in Plat Book 3, page 18 of the records for Pitkin
County, Colorado; thence South 52000' East 122.24 feet; thence
South 41020' West 10.78 feet; thence North 52000' West 121.62
feet; thence North 38000' East 10.77 to the point of beginning.
Parcel B: Lot 6, Sunny Park Subdivision, according to the
recorded plat thereof recorded in Plat Book 3 at page 18,
except that portion described as follows: Beginning at a
point North 38000' East 59.40 feet from the West corner of
said Lot 6 and running thence North 38000' East 60 feet to the
North corner of said Lot 6; thence South 52000' East 129.21
feet to the East corner of said Lot 6 thence South 41020' West
60 feet; thence North 52000' West 127 feet more or less to the
point of beginning.
City and Townsite of Aspen, Pitkin County, Colorado
The applicants submit that the exemption in this case would be appropriate.
The application involves subdivision of an existing fourplex.
The owners of the property will have a common interest in the land and
there will be a condominium declaration and a use maintenance agreement
applicable to the property which does not in any way increase the land use
impact of that property. The applicants submit that such an exemption in
the instant case would not ~onflict with the intent and purpose of the sub-
division regulations which are directed to assist the orderly, efficient,
and integrated development of the City of Aspen; to insure the proper dis-
tribution of population; to co-ordinate the need for public services; and to
encourage well-planned subdivision.
In the present application those considerations will not be dis-
turbed with respect to this property inasmuch as the building is already
in existence, and there would be no change in density which is in line with
prevailing contemplated or desired population density on this property.
We would greatly appreciate your consideration of this matter at
your next regular meeting.
Sincerely,
CV ASSOCIATES, a Colorado partnership
Klaus
Dated this 21st day of December, 1976.
General Partner
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(Subdi vi s i on, Exemptl'on
FEE SCHEDULE
from Subdivision,
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Rezoning, Park Dedication)
Name of Project:
CV Associates
Address:
c/o Box 884, Aspen, Colorado 81611
Applicant's Name:
Applicant's Address:.
Jeff Costley
Phone:
FOR ZONES WHICH ARE R-15, R-30, R-40, RRand CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptua 1
$100 + $5.00/dwe11ing unit
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Preliminary
$22.00/dwe11ing unit
x
Final - $6.65 1/17/78
$3.00/dwe11ing unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual
$100 + $60.00/acre of land
Preliminary
$280,OO/acre of land
Final
$35.00/acre of land
EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00
REZONING APPLICATION FEE: $125.00 (once a year)
fir:COI1DOF pnOC[G:::llNt~S
1(:0 L\'.1;:CS
PARK DEDICATION FEE SCHEDULE
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current nt:lrkt.'t v.Jluc of .:l 'percentage of the
land propO!;cd .1::; the development site. the
p~rcent<l;gc of the land being determined iltthc
rate of t\o,'O .'nd one-hill! (2-1)) .:l.crcs for c:very
One thous.:!.nd (1,000) residents of the pro?o~cd
development. (that is, the number of residents
nlultiplicd by b,'l,)nty-fivc ten thousandths
(~0025) of an acre per rosiccnt). The number
of residents attributable to the development
shall be calculated in the following manner:
Type of Dwellinq
l1u1ti-r'amily
studio 1.0
one bedroom 1.3
two bedroom 2.7
three bed,room 4.0
and 1.3 for each additional bedroom
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Number of Residents
Per Dwelling U:li t
Single Family or Duplex
one bedroo::t
two beclrc::;:;t
three bcc.:."oo:;t
and 1.3 for each additional
1.3
2,'
4.0
bedroom
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A duplex structure shallconsti~ute two dwelling
unit~ tor t~~ pur?osesof this subsec~ion.
C3-'} An exanple of the application of the above
. '\fbrmula is ~s follows, us~;uminq the construction
of one single family rcsiccncc.containing two
bcdroo;-:;s on a lot contuini:"lg 15,000 squilrc ft,~'"'t
with a market value of .$65,000.00 (or .$4.33 per
s'lUl1rc fooc):
2.7 (2 bedroom = 2.7 residents), x 0.0025 acres
X 43,560 (5qll~lrc feet per ,1c.t"e) X $4.33 (r.lar-
ket. vdhH':' of lund pe~' squ,\.I"e foot) =' $1,273.15
Cb) tJnimp!"cwl.'d land !;hall bE' appr<lis,cd at the
curnmt ~~1!h;;t v,due of th..~~;it.~ iJwlu,l.l.l1q it,. v,lluc
i'lttribut.,lb.'!.e to cu~.b. qutt.t:'rs, ~trt'et, sidcw..:dk
and ut:ilit~..~.~; if jny;t.:llJ('J. 0:1 tlH' c:.;l.te of p"r;nit
j$!;u.lnce. Im::'rc'v('d L"lI~d~.. l'h.tll be .:!.f'iH,lt:;(:d ..1c.:"ordinr,"
to their hi'.ltll,~:;t. ,1l:J b(.'~,t. tl~:;(' t.d.ld:l<] inLo(.'oll~::.dC'r<1-
tlon ('xir;tinq ,...tr\lctun-:~; \\"h.,-:..ht'1:'ot' not tht'Y ,1l'l~
conforminq. "~l..\rkt't'v.:\luo milY be s~:b~,tilnt_i..1Lt~d by
G doculIIC'nted [lurchoJ.sc price (if an drm's lcngth
triHH;iJctloll 1l0t.1'IUU"~ than tWl\ y,',)n; olJJ or by .:1ny
other ro:.'coqni:~(.'J l:lC.:ms, ~lrovidl.'d th,lt u::~ess~d
valu;ltioli !;b..lllnot 1)(~ i...--li"d on ,u: C'vi{knec of
current m.:lr~.kct v.:11ue. In the cVl)nl t!H~ C~:;Y; and.