HomeMy WebLinkAboutordinance.council.079-89 (SERIES OF 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE KRAUT LOT SPLIT
WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use
Code, a Lot Split is a subdivision exemption by the City Council;
and
WHEREAS, Elaine Kraut and Michael Luzich have submitted an
application for the lot split of Lots E-I, Block 105, City and
Townsite of Aspen; and
WHEREAS, the Engineering Department, having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office, having reviewed the
application pursuant to Section 7-1003, and reviewing referral
comments from Engineering, recommends approval with the following
conditions:
1. Prior to the signature of the final plat:
a. removal of posts in Original St. right-of-way and alley;
b. platting of utility easements as required by Engineering;
c. a Curb, Gutter and Sidewalk Improvement Agreement shall be
filed by the applicant;
d. the applicant shall agree to join any future improvement
districts,
e. the final plat shall include a prohibition against further
subdivision and a requirement that additional development
shall comply with the applicable provisions of the Land Use
Code;
f. a Subdivision Exemption Agreement shall be submitted in a
form acceptable to the City Attorney;
g. the final plat shall satisfy the Engineering Department
requirements of Section 7-1004 C. and D. of the Land Use
Code; and
h. the final plat will be recorded only upon complete
satisfaction of the above conditions.
WHEREAS, the Aspen City Council having considered the
Planning Office's recommendations for lot split does wish to
grant the requested Subdivision Exemption for the Kraut Lot
Split.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant a Subdivision Exemption for a Lot
Split, with the previously mentioned conditions recommended by
the Planning Office, to Lots E-I, Block 105, Townsite of Aspen.
Section 2:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4:
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the ~
day o~_~~, 19~ at 5:00 P.M. in the City Council Cha~ers,
//
Aspen~ity Ha~, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ ~D O~ERED PUBLIS~D as provided by law,
by the City Council of the City of Aspen on the / day of
William L. S~irling, Mayor
~athrlrn~. ~och, City Clerk
adopted, passed and approved this ~'~' day of
FINA~Y,
ch~ , 19~.
William L. Stfrling, Mayor
~/~A~ST: .
Koch, Cit~Clerk
LAW OFFICES
GIDEON I. kAUFMAN
a PROFESSIONAl CORPORATION
GIDEON I. KAUFMAN BOX 10001 TELEPHONE
NEll D. KARBANK' 315 EAST HYMAN AVENUE, SUITE 305 AREA CODE 303
925'8166
· ALSO ADMITTED iN MISSOURI AND NEW YORK ASPEN, COLORADO 81611 TELEFAX 925-1090
March 5, 1990
HAND-DELIVERED
Ms. Kim Johnson
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Kraut Lot Split
Dear Kim:
I am pleased to enclose copies of the Plat of Lot Split,
Subdivision Exemption Agreement and Curb, Gutter and Sidewalk
Improvement Agreement. The agreements have been executed and
acknowledged by the owner, and the Plat has been executed and
acknowledged by the owner, surveyor and title company.
Please have these documents executed and acknowledged by
the various City officials and call me when they are completed.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Professio~l Corporation
Neil D. Karbank
NDK/bw
Enclosures
cc: Elaine Kraut
cc: Michael Luzich
~URB GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT
THIS AGREEMENT is made this ~day of~~6~990' between
the CITY OF ASPEN, a Colorado municipal cor~ration ~the "city"),
and MICHAEL LUZICH and ELAINE KRAUT, c/o Law offices of Gideon I.
Kaufman, P.C., 315 East Hyman, suite 305, Aspen, Colorado
(collectively, "Owner").
W I T ~ ~ ~ ~ ~ ! ~:
WHEREAS, Owner is the owner of the real property described as
Lot E-l, Block 105, City and Townsite of Aspen (the "Lot"); and
WHEREAS, Owner has received from the city an exemption,
pursuant to §7-1003 of the Municipal Code of the city of AsDe~ (the
,,Municipal Code"), to split the Lot; and
WHEREAS, as a condition of the split of the Lot, the city has
required that Owner execute this Agreement for future construction
of curbs, gutters and sidewalks, pursuant to §19-100 of the
Municipal Code; and
WHEREAS, curbs and gutters have already been installed in the
Lots's frontage; and
WHEREAS, at this time, the city Engineer deems the construction
of sidewalks at the Lot to be unfeasible due to existing conditions.
NOW, THEREFORE, the parties hereto agree as follows:
1. Owner agrees to construct sidewalks along the frontage of
the Lot (approximately ~ ~ feet) at such time as the city deems
construction necessary and feasible. It is acknowledged by all
parties that the present requirement is for five foot (5') wide
concrete sidewalk.
2. In the alternative, at the city's option, the city may
construct the above improvements, and Owner shall reimburse the city
for all costs of such construction. Reimbursement shall be made to
the city within ninety (90) days after receipt of invoice.
3. This Agreement shall be binding upon and shall inure to
the benefit of the heirs, successors and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
MICHAEL LUZ~CH ELAINE KRAUT
(A~DITIONAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
Attest: CITY OF ASPEN, a Colorado
mu~al/~ person/~
Kathr ch, City Clerk W6i~lliam L. sti~ih'g, Mayo~
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~
day of ~/_2 , 1990, by WILLI/d~I L. STIRLING, as Mayor, and
KATHRYN SI KOCH'- as city Clerk, on behalf of the city of Aspen,
Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires: ~¢mmm~.__~~
No~ry Publ'iC
STATE OF C0~ )
) SS.
COUNTY OF
The foregoing instrument was acknowledged before me this
day of ~gm~/~; .., 1990, by MICHAEL LUZICH.
WITNESS my hand and official seal.
My:commission expires:
~ota.~ Public
STATE OF ~// )
) SS.
COUNTY I
instrument was acknowledged before me this
The foregoing
day of _~~_, 1990, by ELAINE KRAUT.
WITNESS my hand and official seal.
My commission expires:
Notary~bl~c
My ~mmi~
June 28, ~992
~luzich~sidewalk.agr
- 2 -
· ~ STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF THE SPLIT OF LOT E-l, BLOCK 105,
CITY AND TOWNSITE OF ASPEN
WHEREAS, ELAINE KRAUT and MICHAEL LUZICH (hereinafter
collectively ,,Applicant"), are the owners of a parcel of real
property located in the city of Aspen, Pitkin County, Colorado,
described as all of Lot E-l, Block 105, city and Townsite of
Aspen; and
WHEREAS, Applicant has requested an exemption pursuant' to
§7-1003 of the Muncipal Code of the city of Aspen of a split of
such lot (the "Lot Split"); and
WHEREAS. the Aspen city Council determined at its meeting
of January ~ , 1990, that such exemption was appropriate and
granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the city Council of Aspen, Colorado, does
determine that the application for exemption from the full
subdivision process for the purpose of the above-described Lot
Split is proper, and hereby grants an exemption from the full
subdivision process for such Lot Split.
PROVIDED, HOWEVER, that the foregoing subdivision
exemption is expressly conditioned upon:
1. The Applicant's compliance with the provisions
contained in Ordinance No. 79, Series of 1989, granting the
exemption.
2. That the Final Plat of Lot Split (the "Final Plat")
depicting the Lot Split shall be approved by the Aspen/Pitkin
County Planning office and shall be filed with the Pitkin
County Clerk and Recorder.
3. Applicant shall join any applicable future
improvement district on such terms and conditions as are
reasonably comparable to other such districts.
DATED this ~W'Wday of ~t~-~1990.
MI CHAEL/LUZ~CH ELAINE
APPROVED AS TO FORM: CITY OF ASPEN, a municipal
/ .... corporation
, ~i~t~ttorney William L. Stirling, May~r
(ADDITIONAL SIGNATURES AND ACKNOWLEDGMENTS FOLLOW ON PAGE 2)
-- i --
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for
the Purpose of the Split of Lot E-l, Block 105, City and
Townsite of Aspen, was considered and approved by ~he Aspen
City Council at its regular meeting held January ~ , 1990,
which time the Mayor, William L. Stirling, was authorized to
execute the same on behalf of the City of Aspen.
Kathryn ~ ~Koch, city Cler~
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
~day of ~~_, 1990, by WILLIAM L. STIRLING as Mayor and
k~THRYN S. KOCH as City Clerk on behalf of the City of Aspen, a
municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Public
STATE OF COLORAD0 )
) ss.
COUNTY OF PIIKIN )
The foregoing instrument was acknowledged before me this
If day of ~ , 1990, by MICHAEL LUZICH.
WITNESS my hand and official seal.
My commission expires: 5-~1~/
Nota~ Public
STATE OF ~// )
OF ~ ~ __//~~_~ ) ss.
COUNTY
)
The foregoing instrument was acknowledged before me this
~ day of ~~ , 1990, by ELAINE KRAUT.
WITNESS my hand and official seal.
My commission expires:
Notar~Public
\kraut~subexcpt. agr My Commi~ion ~pir~
Ju~ 28, 1992