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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 =4,: R - 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