HomeMy WebLinkAboutLand Use Case.615 S Garmisch St.A054-03III�.''9IIIIIIIIII II III IIIIIIIIIIIIIIIIIIIIIIIII
05/1,,2004 � of i1:471
SI'_VIP DAVIS PITK.N COUNTY CO R 16.00 0 0.00
FIRST AMENDMENT TO SUBDIVISION /PUD AGREEMENT
FOR
BARBEE FAMILY SUBDIVISION /PUD
THIS FIRST AMENDMENT O SUBDIVISION/PUD AGREEMENT is made and
entered into as of the Ir day of ]W, 2004 by and between THE CITY OF ASPEN,
COLORADO, a municipal corporation (hereinafter referred to as "City "), and MARY K
BARBEE (hereinafter referred to as "Mary Barbee "), and SHADOW MOUNTAIN
INVESTMENT, LLC, a Colorado Limited Liability Company (hereinafter referred to as
"SMI").
WITNESSETH:
WHEREAS, City, Mary Barbee and SMI desire to amend that certain Subdivision/PUD
Agreement for Barbee Family Subdivision/PUD dated November 19, 1999, recorded December
6, 1999 at Reception No. 438302 (hereinafter referred to as "Subdivision/PUD Agreement') in
the Office of the Clerk and Recorder in Pitkin County, Colorado; and,
WHEREAS, SMI is the "AH Developer" referred to in the Subdivision/PUD Agreement
and SMI and its successors and assigns, as the owners of Lots 3 and 4, Barbee Family
Subdivision/PUD, are responsible for the development of Lots 3 and 4.
WHEREAS, Mary Barbee is the owner of Lot 2, Barbee Family Subdivision/PUD; and,
WHEREAS, the parties desire to provide for who shall be responsible for installing the
sidewalks, curb and gutter and landscaped strips along the above described lots as they abut
South Garmisch Street.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, and for other the good and valuable consideration, the parties agree as follows-
1. The owner of Lot 2, Barbee Family Subdivision/PUD, shall be responsible for the
installation of the subdivision improvements described in Article III, Section A.L(d) of the
Subdivision/PUD Agreement, those being a sidewalk, curb and gutter and a 5 -foot wide
landscaped strip, along the frontage of Lot 2 on South Garmisch Street. The owner of Lot 2 shall
be responsible to pay for all costs of said construction and installation. These shall be
constructed and installed at the time a residence is constructed on Lot 2.
2. SMI shall be responsible for the construction and installation of the subdivision
improvements described in Article III, Section A. L(d) along the frontage of Lots 3 and 4, Barbee
Family Subdivision/PUD on South Garmisch Street at the time residences are constructed on
Lots 3 and 4.
VIII III II III IIIIIII II II VIII I II II IIII IIII ze e / 1a 11:471
S11-VIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
3. The construction schedule referred to in Article III, Section A.2. is amended to
conform to the above set forth provisions and the "Financial Assurances" described in Article III,
Section B of the Subdivision/PUD Agreement are accordingly amended to provide that any
amounts currently being held by the City in the form of an irrevocable letter of credit are
amended and decreased to reflect that SMI is not responsible for the Subdivision Improvements
relating to Lot 2, Barbee Family Subdivision/PUD as set forth above.
t!�
Except as modified herein the Subdivision/PUD Agreement remains unchanged
and shall continue in full force and effect.
5. At the time the partiesc� �h i �Ws First Amendment, SMI shall refund to Mary
Barbee the sums in the amount of $2-,M previously paid by Mary Barbee for Lot 2's share of
the subdivision improvements described in Paragraph 1 above.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
CITY:
City of Asnen. Colorado, a
SMI:
Shadow Mountain Investment, LLC,
a Colora li ited liability com y
By:
Tiffiothy Semrau, its ember -Manage
(Acknowledgements on Following Page)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
lllll IIIII Illill Till Ilillll IIIII IIIII Ill IIIII IIII IIII O 497563 / 0� :47
SI�VIA DAVIS PITKIN COUNTY CO R
The fbregoing instrument was acknowledged before me this � -:Kday of t
20( by Is "J;� Ajcjjd�( of the City of Aspen, a municipal corporation.
Witness my hand and official seal.
My commission expires: 4111-12_0c -
STATE OF )
ss.
COUNTY OF� )
Apoz/ The foregoing instrument was acknowledged before me this _Z2�'Uay of i ul&c` r�
-2 by Mary K. Barbee.
Witness my hand and official seal.
My commission expires: />0 /OV ,
� vYlilld/��
tary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this lG + -day of November,
2003, by Timothy Semrau as Member - Manager of Shadow Mountain Investment, LLC, a
Colorado limited liability company.
Witness my hand and official seal.
expires:
3
OtPublic
JUL -26 -2004 MON 03:13 PM FAX NO, P. 01/06
130 S. Galena St.
Aspen CO 61611
(970) 920-6090
(970) 920.5439, fax
To:
Tim Semrau
James Lindt
Fax:
925 -6437
Phorw~
72601
Re:
Barbee Sidewalk Amendment
Ce
0 WgeM 0 For Review 0 Please Camwmd Q Please RePly 0 Please Recycle
e co"WrAwts:
Hi Tim,
I am following up on the insubstantial PUD amendment request that you submitted regarding the
sidewalk, curb, and gutter responsibilities for Lot 2, of the Barbee Sub. Please find the signed decision
notice attached along with the associated amendment lo the subdivision agreernertf. Please have both
the decision notice and the agreement recorded at the County Clerk and Recorder's Office and provide
us with a recorded copy for out ides.
Please let me know d you have any questions about this as I will be finishing it up in Scott's absence.
Thanks.
James � r
0
(,ucs 0()tj e
R�
L 1
TO: Julie Ann Woods, Community Development Director
FROM: Scott Woodford, City Planner
RE: BARBEE FAMILY PUD (615 S. GARMISCH) - INSUBSTANTIAL PUD
AMENDMENT
DATE: May 13, 2004
SUMMARY OF REQUEST:
The applicant, Tim Semrau of Shadow Mountain Investments, has applied for an
Insubstantial PUD Amendment to amend the Subdivision/PUD Agreement so that the
responsibilities of installing sidewalk, curb, and gutter along the frontage of Lot 2 of the
Barbee Subdivision will be transferred from Shadow Mountain Investments to Mary
Barbee, owner of Lot 2.
BACKGROUND INFORMATION:
The Barbee Family Subdivision PUD was originally approved by the City Council on
April 12, 1999. Shadow Mountain Investments then acquired the majority of the
property and its development approvals (with the exception of Lots 1 & 2, which Mary
Barbee retained) and won approval of a PUD Amendment in 2001, which allowed for
some minor modifications to the property.
STAFF COMMENTS:
The applicant would like to transfer the responsibility of the sidewalk, curb, and gutter
improvements because, according to the Subdivision/PUD Agreement, they are
responsible for installing these improvements, even though they do not own Lot 2. Mary
Barbee owns Lot 2 and does not want the improvements constructed at this time because
she is unsure of what future development options will transpire on Lot 2 at this time and
therefore, does not want to preclude any access options to the lot with the curb and gutter.
In addition, she currently uses Lot2 for parking for her home on the adjacent Lot 1, which
would be precluded or at least made more difficult by the installation of the curb and
gutter at this time. In exchange for this flexibility, she is willing to assume the
responsibilities of constructing the improvements once Lot 2 redevelops.
Staff supports this request because of the lack of specificity as far as future development
on Lot 2 and the fact that there are no existing sidewalk connections on the east side of
Lot 1, so, no gaps in the sidewalk system will be perpetuated on account of this request.
Also, given that there is some retaining wall work to be done on Lot 1 (the Barbee
Residence) in order to accommodate a sidewalk, it may be awhile before there is a
possibility of an uninterrupted sidewalk in this specific area. Staff is therefore
comfortable delaying the required curb, gutter, and sidewalk on Lot 2 until such time that
Lot 2 is developed.
STAFF RECOMMENDATION:
Staff recommends that the Community Development Director approve the request for an
Insubstantial PUD Amendment to transfer the responsibilities of installing sidewalk,
curb, and gutter along the frontage of Lot 2 of the Barbee Subdivision from Shadow
Mountain Investments to Mary Barbee, owner of Lot 2. Mary Barbee has agreed to this
financial obligation as indicated by her signature on the Amendment to the Subdivision
Improvements Agreement.
APPROVED BY:
D' ctor of Commumty Development Date
2
City Com Dev
Staff Meeting
9/25/2003
AGENDA
Tuesday, 10 -11:45 a.m.
@ Conference Room
1. Discuss Scheduling Items, Meetings & Long Range Agenda
II. Items for Attorneys:
• Chart House Lot Size Issue
III. Land Use Cases:
• Highlands PUD amendment
• Park -Dale Mitigation Alteration
• MCC PUD Amendment- change of plans
IV. Other:
• Race Street Closure
• Elks Club PUD Process
V. Updates of Projects for Monthly Manager's Report
e
t<< Oar
9/5/03
To: Sara Oates
City of Aspen, Community Development
From; Tim Semrau
Shadow Mountain Investment
RE; Insubstantial Amendment
Barbee Family Subdivision
Dear Sara,
Thanks for faxing me a land use application. Per our conversation,
attached shows Mary Barbee's Lots 1 and 2, with her existing house
on Lot 1 and parking on the front of Lot 2. She does not want the
curb, gutter and sidewalk run up in front of Lot 2 because then she
will have no parking access for her house. She wants to take the
future liability of the ROW improvements over from Shadow
Mountain Investment.
Please let me know how to proceed. She will gladly sign any
documentation you require.
I had no fee agreement to add.
Th�an�ks,
'Tim Semrau
SEP -04 -2003 THU 03:51 PM FAX N0,
ATTACMEXT 2 -LAND usE APPLICATION
APPLICANT:
Name:
Location:
Parcel
MANAMA
. 1
opt VI.S/UV
Names
c
.— - -
z
—
..
Address:
SC 01:5
Phone #:
X
-
TYPF OF- APPUCAMOM (please check all thM aPPIY}:
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
11
tual SPA
Conceptual
P
❑
Minor Historic nevi
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
Small Lodge Conversion/
❑
ESA- 8040 Gteenlinc, Stream
❑
Subdivision Exemption (includes
Expansion
Margin, Hallam Lake Bluff,
condominiumization)
Mountain View Plane
El
Lot Split
❑
Temporary Use
P ry
ether:
N
Have you attached the following?.
FEES DUF:9 //" 1 'V`'"-' -
❑ Prc- Applicatioo Conference Summary /1,) e F ) V
❑ Attachment #1, Signed Fee Agreement AIIVCVZ POO
❑ Response to Attachment #3; Dimensional Requirem=U Form 1 --�-y�
F1 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards i✓ n /4 P ! v
All plans that are larger than 8.5" x I V must be folded and a floppy disk with an etectrouiecopy of all Written ��,
test (Microsoft Word Format) must be submitted as part of the application, �/'�Q
I '�4W .R1r5peNSthL�.
eTl—i�-f5"
NOV -30, 99 15:15 FRO M: HOL 40HART I0:97
HOLL.A LN-D St. R: RT r
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7NYCi —WH
SLL,,N43•av e
046Y --MEE • :zZ<SZN rot.
MENi0 RAN DL M
ovENIBER 30,1999
TO: Hallie Ru gheLmer (via fax to 406 - 537 -5349)
?59415
FROM: Art Daily
RE: Barbee Share of Subdivision L-nprove -ments EstLmated Cost
�� a:cais;�rs �s stns
°A�a 6iLLS g:C1329•d01ST
4? 13LR C. D_ ZY
PACE 1/1
You may recall that under a1-ticle tT! i, �)(3) of the Subdivisiont?T -M Agreement, the
Barbee Partners ltitarr, John and HaMe) are obligated to pay 522,353.00 of the 3163,657.00
estimated cos of constructing the various subdivision inmprovemems identified in article M. Jay
Hamtrond made a good faith effort to al-locate these costs a- mcn2st Lots 2 -13 based on frontages,
etC., and the 522,352.00 fi_sre represents the share that he xUlocated to Lots 2, 3 and 4. Tim
Sernrau is assuming all of ,'our subdivision im-)rove"Ment responsiDllltles with the exception of
those relatM2 to Lot 2, which is beins retained by 1 he Se.=au Contract therefore provides
that at closing, the Buyer will be paid 1,'3 of the Ba vee Pan, share of such costs, which
aL bunts to S7,450.5 :. This is obviously Mary's obligation, since she is keeping ownership of Lot
3. I would abnre^ ate it if you would work out an ar ngemenm with Mary whereby she delvers a
check at closing either to the Buyer (the name of which is new Barbec Investments, LLC), or to
you, in which case you could pay the required amourr to the Buyer at ciosins. Mary can either
Federal Express the check to me, or somehow deliver it to you before you leave for Aspen. I will
also try to fax this memo to Mary in Cody, but I don't know for sure if it will go through. Thanks
for your assistance.
cc: Nfasy K. Barbee (via fax to 307- 537 -6- 97)
Nick Adeh, 10:21 AM 9/15/03, Re: Barbee Subdivision, Lot 2
X- Sender: nicka @comdev
X- Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Mon, 15 Sep 2003 10:21:08 -0600
To: Sarah Oates <saraho @ci.aspen.co.us>
From: Nick Adeh <nicka @ci.aspen.co.us>
Subject: Re: Barbee Subdivision, Lot 2
Page 1 of 1
Hello Sarah -
Yes, we can do that and with the conditions must well written on the new amendment plat
that shall be recorded as well. We Additionally need to add the following statement :
- Developer must complete his obligation on other lot(s) requiring Curb and Gutter and
Sidewalks including the end points (transition into graveled shoulder) with a detail subject to
approval by the City Engineer.
Nick
At 01:19 PM 9/12/2003, you wrote:
I Nick-
I just want to confirm that we can do a PUD /SIA amendment which allows Lot 2 of Barbee
subdivision to provide sidewalk, curb and gutter at the time of development of the lot or
when the City so requires. Please let me know. Thanks.
Sarah Oates, Zoning Officer
City of Aspen
130 S. Galena
Aspen, CO 81611
(970) 920 -5441
www.aspenRtkin.com
Printed for Sarah Oates <saraho @ci.aspen.co.us> 9/15/03