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Home My WebLink AboutLand Use Case.830 E Durante Ave.A1-93(A/CA ,/Ul- O'Block Townhouses Ext.Vested Rt. -.-F 2737-182-38-024/025 Al-93 e \ Eax Al A 40 h.. P 0- i CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 01/07/93 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-182-38-024/025 Al-93 STAFF MEMBER: LL PROJECT NAME: O'Block Townhouses Extension of Vested Rights Project Address: Legal Address: Lots D-I and N-S, Block 112, Aspen Townsite APPLICANT: The O'Block Partnership Applicant Address: 400 W. Main, Suite 100, Aspen, CO 81611 REPRESENTATIVE: Charles Brandt, Holland & Hart Representative Address/Phone: 600 E. Main Aspen, CO 81611 925-3476 FEES: PLANNING $ 942.00 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 942.00 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO k VESTED RIGHTS: YES NO CC Meeting Date fi~- 4 ~ PUBLIC HEARING: YES NO 0-Â£(A 1 2., '~ VESTED RIGHTS:- K. YES> NO *62*lkou-Â£+k- - DRC Meeting Date REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: /~ l 6/f g * INITIALS: 50,1 DUE: i /2.n Â»Â» 1 1 FINAL ROUTING: DATE ROUTED: (f~ 1 ~43 INITIAL: 9'Luf City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Attorney FROM: Leslie Lamont, Planning Office RE: O'Block Townhouses Extension of Vested Rights Parcel ID No. DATE: January 12, 1993 Attached for your review and comments is an application submitted by The O'Block Partnership. Please return your comments to me no later than January 27, 1993. Thank you. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 January 12, 1993 Charles Brandt Holland & Hart 600 E. Main Aspen, CO 81611 Re: O'Block Townhouses Extension of Vested Rights Case Al-93 Dear Chuck, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application before the Aspen City Council on Monday, February 8, 1993 at a meeting to begin at 5:00 p.m. Should these dates be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, 1Â»_XA. ~ ~* Suzanne L. Wolff Administrative Assistant forms:ce.no.ph El MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Director~prm V FROM: Leslie Lamont, Senior Planner DATE: February 8, 1993 RE: Oblock Vested Rights Extension SUMMARY: The applicants, Bass-Cahn Properties and The Oblock Partnership, seek to extend in perpetuity vested rights status for the Oblock development Staff recommends denial of the applicant's request. If Council wishes to approve the extension, Council shall direct staff to prepare an Ordinance granting the extension and identify any conditions of approval. PREVIOUS COUNCIL ACTION: The Oblock subdivision was approved by Council March 12, 1990. Council also granted vested rights for three years, ending April 9, 1993. Please see Exhibit A for Ordinance 14, Series of 1990. BACKGROUND: The approved subdivision for Oblock included 14 dwelling units: 10 free market units and 4 accessory dwelling units. Nine of the free market units were exempt from GMQS because they are transferrable development rights (TDR' s) created when Smuggler Mobile Home Park was renovated and preserved as deed restricted employee housing. Exemption from the GMP process includes exemption from the provision of affordable housing. The validity of the TDR' s was reconfirmed during the review of the Oblock subdivision proposal. As stated by Sandra M. Stuller, Esq. (interim City Attorney) in a memo dated January 15, 1990 to City Council: The exception to the GMQS granted to the TDR's was not merely an exception to the competition, but also from the employee housing requirement deemed satisfied by reason of the Smuggler development. There was no place on the Smuggler property to develop these free-market units; consequently, there was a need to develop TDR's by contract. And, if these units could have been developed on site, at that time, without the need to provide additional affordable housing, it was the intent of the ,--r- City that they could be developed elsewhere, and anytime in the future, without doing so. The tenth free market dwelling unit was exempt from GMP because it was the reconstruction of a single family residence located at 820 East Durant. The home was demolished pursuant to a valid demolition permit. The applicant volunteered to supply 4 accessory dwelling units. The Planning and Zoning Commission reviewed the ADU proposal and approved their exemption from GMP. STAFF COMMENTS: Chapter 24 of the Aspen Municipal Code does not provide specific review criteria for an extension of vested rights. The applicant is requesting that the vested rights as they relate to the Oblock Townhomes development plan be extended in perpetuity. The applicant contends that there are "several beneficial elements" that support the extension request: 1. Four deed restricted employees units that were voluntarily proposed by the applicant. 2. The accessory dwelling units are to be up to 850 square feet in size. 3. The project is consistent with the character of existing land use in the surrounding area and will have no adverse effect on future development. 4. Sidewalks will be installed where they do not currently exist. 5. The project exceeds the open space requirement of a project this size. Staff fails to find an overwhelming public benefit to be derived from an extension of vested rights for the Oblock development for the following reasons: 1. Expiration of vesting will not negate the site specific development plan for 14 dwelling units. The nine TDR's will remain valid. A subdivision plat, has been recorded and will not change if vested rights expire. 2. The accessory dwelling units are onlv deed restricted to resident occupancy if the home owner chooses to rent the unit. There is no requirement that a property owner rent an ADU. Also an owner may rent the unit for whatever price. Recent experience with the River Park development raises a question about the viability of ADU's within a townhome complex. Potential buyers have requested elimination of ADU's because the established condo 2 association provides property management and security functions that would usually be intended for "caretakers". 3. The Municipal Code allows an approved subdivision to be either substantially or insubstantially amended whether or not vested rights are in place. Vested rights only protect the developer from future changes in the Land Use Code that could affect the proposed development. Although the development proposal promotes large ADU's (up to 850 sq. ft.) verses a minimum of 300 square foot, a potential buyer of the Oblock development approval may seek to modify the approved subdivision. Additionally, the underlying zoning of the Oblock property is R/MF. All permitted uses, residential in nature, in the R/MF zone district would be consistent with the neighborhood which is residential. The neighborhood is primarily multi-family but single family and duplex units are permitted in the R/MF zone district. Again, vested rights status does not guarantee that modifications will be sought in the development plan to reduce the number of units on the parcel. Likewise vested rights would not prevent reduction of the proposed open space to the minimum requirement of open space in the R/MF zone district. 4. Vested rights is not the only mechanism to obtain public improvements. Any future development of this parcel will require the installation of curb, gutter and sidewalk. 5 Council extended, for one year, vested rights for the Valley- Hi development plan. However, the applicants requested an extension so the needed repairs to the building ($85,000) could be recovered in rents and before expiration of vesting forced demolition and reconstruction of the building. They were concerned that demolition and reconstruction within the original 3 year vesting period would not be long enough to accomplish the renovation. Their alternative was to vacate the building and let it sit until reconstruction. 6. Council granted vesting in perpetuity for the Moses Aspen View Homesite Inc. for the construction of a 5,000 square foot home adjacent to the Aspen Alps. However, Council considered preservation of 5 acres of open space within the Aspen Alps property as justification for granting vested rights in perpetuity. 7. The recent adoption of the Aspen Area Community Plan will require changes within the Code to reflect the recommendations of the Plan. The Community Plan process was a huge community effort for two and a half years. The recommendations within the plan are a result of countless meetings and work on the part of Aspen's 3 citizens. Future development should be required to adhere to those recommendations and should not be immune to the changing values of the community (within a reasonable period of time such as 3 year vested status) and those legislative efforts that reflect those changes. 8. Finally, it is against the City's policy to vest in perpetuity. It sets a poor precedent when there is no considerable public good served through an extension of vested rights as was demonstrated in the two vesting extensions discussed above. The applicant has failed to demonstrate that there is a compelling public benefit that extends beyond the project to support an extension of vesting. RECOMMENDATION: Staff recommends denial of extension of vested rights, in perpetuity, for the Oblock subdivision because staff does not find an overwhelming community benefit derived from the perpetual vesting of these development rights beyond the initial 3 years. ALTERNATIVES: City Council could elect to extend vested rights for a specific period of time. However, the applicant has not requested a shorter extension period and selecting a time without finding that a valid community purpose is served for an extension would appear arbitrary. PROPOSED MOTION: "I move to deny the request staff granting an extension of vested rights for the Oblock subdivision finding that no valid public purpose would be served by granting vested rights in perpetuity." CITY MANAGER' S COMMENTS: EXHIBITS: A. Ordinance 14, Series of 1990 4 EXHIBIT A ORDINANCE NO. 14 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION AND VESTED RIGHTS FOR LOTS D-I AND N-S, BLOCK 112 WHEREAS, pursuant to Section 3-101 of the Aspen Land Use Code, a development application requires subdivision review for land to be used for condominiums, apartments or any other multiple-dwelling units; and WHEREAS, pursuant to Sections 8-104 and 7-1004 the Commission reviewed the request for conditional use review for accessory dwelling units and subdivision; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on February 6, 1990 to consider the conditional use review and - subdivision review application, at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved the conditional use for four accessory dwelling units with conditions; and WHEREAS, the Commission recommends to City Council subdivision approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant subdivision for Lots D-I and N-S, Block 112. 1 Section 2: That it does hereby grant subdivision as recommended by the Aspen Planning and Zoning Commission, for the Oblock parcel located between Cooper and Durant on West End, Lots D-I and N-S, Block 112, with the following conditions: 1. Prior to the issuance of a building permit a final plat shall be filed subject to review and approval of the Engineering Department. The final plat shall include but not limited to: a. The surveyor's certificate must indicate that all easements indicated on Title Policy No. 0-9941-38538, dated December 9, 1988, have been shown on this plat. b. Easements for transformers and utility pedestals subject to review by the Engineering Department. c. An above grade trash service area. 2. Prior to the issuance of a building permit a subdivision agreement shall be submitted for review and approval by the Planning Department. The Subdivision Agreement shall include but not be limited to: a. an agreement to join any future improvements districts. b. language binding the applicant to bond for five years the value of the large evergreens (removed for the garage ramp) for relocation or replacement purposes. 3. Project approval shall be conditioned upon receiving an encroachment license for the parking garage. If an encroachment license is not granted then the applicant shall submit new site plans for staff and P&Z review. 2 4. Prior to issuance of a building permit the applicant shall submit a storm water drainage plan to be reviewed and approved by the Engineering Department the plan shall include, but not limited to, demonstration that the historic drainage pattern will not be affected and all snowmelt facilities, foundation drains or outside floor drains shall be connected to a dry well of the storm sewer, in accordance with the Clean Water Act. 5. Prior to final approval, a portion of the existing fencing should be relocated because it is in the public right-of-way and blocks public use of the sidewalk area. 6. The City requests that if any boulders larger than 36" are excavated on the site and are not needed that they be provided to the City. j 7. Prior to recordation of the subdivision agreement and final plat, the applicant shall submit documentation to the Planning Department demonstrating that downstream collection constraints can be mitigated to the satisfaction of the Aspen Consolidated Sanitation District. The actual cost and financial guarantee shall be incorporated into the subdivision agreement. 8. Prior to the issuance of an excavation permit, the tunnel and underground garage design shall be approved by the Aspen Consolidated Sanitation District. 9. The 6 large spruce trees on West End Street and those along Durant shall not be removed. Removal of any tree larger than 6" in caliper shall require a tree removal permit. 10. The applicant shall work with the Parks Department to 3 relocate the clump of large evergreens being removed for the construction of the garage ramp. The applicant shall also bond for five years the cost of the trees (as determined by an independent third party). In the event they do not survive relocation the money shall be available for the Parks Department to use for replacement vegetation. 11. The street and sidewalk improvements shall comply with the Pedestrian Walkway and Bikeway Plan. In the event the plan is not adopted they shall develop the street and sidewalk improvements as depicted on the approved plans. 12. Prior to the issuance of a building permit the owner shall record copies of deed restrictions for the 4 accessory dwelling units subject to review and approval by the Housing Authority. Section 3: ,o That is does hereby grant Vested Rights for this subdivision for a period of three (3) years from the effective date hereof in \il accordance with the terms and provision of Section 6-207 of the Aspen Land Use Code. Section 4: 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 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such 4 provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: 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 7: otz,<L-- A public hearing on the Ordinance shall be held on the 7 ' day of 6,Â·6~4-Lf.j, 1990 at 5:00 P.M. in the City Council Chambers, 1 Aspen City Hall, Aspen Colorado, fÂ·ifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by 1 aw, j. by the City Council of the City of Aspen on the /229-Â» day of 4)11 A .LE-Â·Â·-' , 1990. William L. Stirling, Mag,or ATTEST: 11.kins 6149_- Kathryn #4' Koah, City Clerk FINALLY, adopted, passed and approved this *0Â» day of - 44- 2, 1990. ix-. 34Â« William L. Stirling, Mayor ATTfST: I 4.11 ~-)0 Â»Â»r-~ Pr Kathryn ~/ ch, City Clerk 5 HOLLAND & HART ATTORNEYS AT LAW DENVER 600 EAST MAIN STREET TELEPHONE (303) 925-3476 DENVER TECH CENTER ASPEN, COLORADO 81611-1953 FACSIMILE (303) 925-9367 COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE JACKSON WASHINGTON, D.C. January 7, 1993 CHARLES T. BRANDT HAND DELIVERY Ms. Leslie Lamont Aspen/Pitkin County Planning Office City of Aspen 130 South Galena Street Aspen, CO 81611 Re: O'Block Townhouses Subdivision. Request to Extend Vested Rights Dear Leslie: Pursuant to our recent discussions, I am enclosing the following items in connection with the Application to Extend the Vested Rights granted to the O'Block Townhomes Project: 1. Land Use Application Form; 2. A check in the amount of $925.00 to cover the application fee; 3. Summary of the Request to Extend Vested Rights - See January 7, 1993 letter attached to the Application Form; and 4. A photocopy of the final plat of the O'Block Townhouses Subdivision, the Subdivision Agreement, etc. - see Exhibits attached to the January 7, 1993 letter. For your information, also attached to the enclosed application letter as an Exhibit is the permission letter to represent the O'Block Partnership as well as the Disclosure of Ownership letter relating to this property. If you need any additional information or documentation, please do not hesitate to contact me. Please let me know when this matter will be heard by City Council on first reading. Thank you. Very truly yours, (-ht fharles T. Brandt for HOLLAND & HART CTB/pal Enclosures CC: Howard Bass Harris A. Cahn Michael Lipkin ATTACHMENT 1 LAND USE APPLICATION FORM 1) Project Name O'Block Townhouses 2) Project Location Lots D-1 and N-S, Block 112, Aspen Townsite (indicate street address, lot & block number, legal description where appropriate) R/MF 3) Present Zoning 4) Lot Size 36,000 sq. ft. 5) Applicant's Name, Address & Phone # The 0'Block Partnership, 400 West Main. Suite 100, Aspen, Colorado 81611, (303) 920-1142 6) Representative's Name, Address & Phone # Charles T. Brandt, Holland & Hart, 600 East Main Street, Aspen, Colorado 81611, (303) 925-3476 7) Type of Application (please check all that apply): Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mountain View Plane X Subdivision - Extension Historic Designation - - of Vested Rights Condominiumization Text/Map Amendment GMQS Allotment Lot Split/Lot Line GMQS Exemption Adjustment ~ 8) Description of Existing Uses (number and type of existing structures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the property). None - Vacant Property 9) Description of Development Application Request for extension of vested rights granted to applicant pursuant to Ordinance No. 14 (Series 1990) -- See attached letter dated January 7, 1993. 10) Have you attached the following? X Response to Attachment 2, Minimum Submission Contents Response to Attachment 3, Specific Submission Contents Response to Attachment 4, Review Standards for Your Application 10923. HOLLAND & HART ATTORNEYS AT LAW DENVER 600 EAST MAIN STREET TELEPHONE (303) 925-3476 DENVER TECH CENTER ASPEN, COLORADO 81611-1953 FACSIMILE (303) 925-9367 COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE JACKSON WASHINGTON, D.C. CHARLES T. BRANDT January 7, 1993 Ms. Leslie Lamont Aspen/Pitkin County Planning Office City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Oblock Townhouses Subdivision - Extension of Vested Rights Dear Ms. Lamont: Holland & Hart represents Bass-Cahn Properties and The Oblock Partnership, owner and developer, respectively, of the Oblock Townhomes Project. On behalf of our client, we respectively request that the City of Aspen recognize the perpetual nature of transferrable development rights owned by The Oblock Partnership and extend in perpetuity the vested rights previously granted by Ordinance No. 14 (series of 1990) with respect to the subdivision approval for Lots D-I and N-S, Block 112, the Oblock Townhomes Project (the "Project"). Ordinance No. 14 adopted on March 12, 1990, granted vested rights for a period of three years from its effective date, or April 9, 1993. A copy of Ordinance No. 14 is enclosed as Exhibit 1. Section 6-207, Vested Property Rights of the Aspen Land Use Code, does not provide for extensions of Vested Rights. Nor, however, is extension of a vested rights period prohibited. Section 104(2) of Article 68 of Title 24, C.R.S., as amended, provides: "Notwithstanding the provisions of subsection (1) of this section, local governments are hereby authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions..." HOLLAND & HART ATTORNEYS AT LAW Ms. Leslie Lamont January 7, 1993 Page 2 I believe the City of Aspen has extended vested rights on at least one other project (Valley Hi Apartments) and granted perpetual vesting in at least one other instance (Ordinance No. 31, Series of 1992) relating to the ability of Moses Aspen View Homesite, Inc. to construct a 5,000 square foot residence on Lot 2, Moses Lot Split which increased the allowable square footage on Lot 2 from 3,800 to 5,000. Background: The City's approval of the Project, as contained in Ordinance No. 14, the Subdivision Agreement for Oblock Townhomes dated October 3, 1990, and recorded October 8, 1990, in Book 631 at page 504 and the Final Plat of the Oblock Townhomes Subdivision recorded in Plat Book 25 at page 8, copies of which also accompany this letter as Exhibits 2 and 3, respectively, all relate to and concern the construction of fourteen dwelling units - ten free market units and four deed restricted accessory dwelling units within the Project. Of significance to the request to extend the vested rights of this Project is the fact that all of the dwelling units within the Project are exempt from growth management. Nine (9) of the free market units to be constructed utilize the transferrable development rights ("TDR's") which were previously granted to Pitkin Limited, a Colorado corporation, in connection with its redevelopment of the Smuggler Mobile Home Park for employee housing purposes. These rights were expressly exempted from growth management by the City at the time they were conferred upon Pitkin Limited. As a result, the Code provision for affordable housing is not applicable. The TDR's are now owned by The Oblock Partnership and are to be utilized in development the Project. The remaining free market unit, and the four (4) accessory dwelling units, are also exempt from growth management pursuant to Section 8-104.A.1.a. and Section 8-104.B.1.d. of the Regulations, respectively. Section 104.B.1.d exempts the reconstruction of an existing residence. An existing single- family residence located at 820 East Durant was demolished pursuant to a legally issued demolition permit. Section 8- 104.B.1.D. provides for the exemption of one (1) accessory dwelling unit per free market unit subject to the Planning and Zoning Commission's review and approval, which approval was obtained. The issue of the perpetual nature of the TDR's was addressed by correspondence from Jim Moran of our firm in his January 4, 1990 letter to Sandra M. Stuller, Esq. In her Memorandum of HOLLAND & HART ATTORNEYS AT LAW Ms. Leslie Lamont January 7, 1993 Page 3 January 15, 1990, to the Aspen City Council, she stated the following conclusion: "The exception to the GMQS granted to the TDR's was not merely an exception to the competition, but also from the employee housing requirements deemed satisfied by reason of the Smuggler development. There was no place on the Smuggler property to develop these free-market units; consequently, there was a need to develop TDR's by contract. And, if these units could have been developed on site, at that time, without the need to provide additional affordable housing, it was the intent of the City that they could be developed elsewhere. and anytime in the future, without doing so." (Emphasis added) If you need copies of either Jim's letter or Sandy's memo, please let me know. Extension Request: We request that vested rights as they relate to the Oblock Townhomes development plan be extended in perpetuity. Basis for the Extension Request: Perpetual vesting of this development would amount to a reflection of the perpetual nature of the TDR's themselves. Further, the four Accessory Dwelling Units not required to be included in the Project by the Aspen Land Use Code, are exempt from growth management. In other words, the right to develop both the free market and employee unit components of this Project do not expire or lapse upon the expiration of the three year vested rights period. No purpose would be served to place the developer of the Project at risk of having to once again obtain City approval to develop these unique rights. By their nature, the TDR's can and will be developed, if not in the Project, elsewhere in the City and, regardless of future City employee housing and density requirements. Further, there are several beneficial elements of the Project which also support this request. These are, to name a few: HOLLAND & HART ATTORNEYS AT LAW Ms. Leslie Lamont January 7, 1993 Page 4 1. As already mentioned, the four restricted employee accessory dwelling units voluntarily added to the Project by the developer; 2. The accessory dwelling units are to be up to 850 square feet in size, substantially larger than the City's minimum size requirement of 300 square feet; 3. Neighborhood compatibility - the Project is consistent with the character of existing land use in the surrounding area and will have no adverse effect on the acreage future developed. The immediate site area consists of mixed residential development, including numerous multi-family condominium structures, several relatively new duplexes and a few older single-family residences. With the exception of the Project, the area is essentially fully developed. 4. Sidewalks will be installed along the street frontages on Durant and Cooper, where sidewalks do not currently exist. 5. The Project exceeds the open space requirements of a project this size. Authorization Letter: Attached as Exhibit 4. Certification of Ownership: Attached as Exhibit 5. Please let me know if you have any questions and when this request will be heard by City Council. Thank you. Very ~ruly yours, li cle 1 1/ Charles T. Brandt for HOLLAND & HART CTB/bb CC: Howard Bass Harris Cahn Michael Lipkin Sunny Vann EXHIRIT 2 . -=. 7 I 4. ./ 4 1 .h 0326990 10/OF]/90 14:37 Ret *145.00 Be 631 PG 504 . 5.lvia Devis, ritkin Enty ClerÂ·tÂ·, Doc *.00 SUBDIVISION AGREEMENT IQB QRLQCILIQÂ»liQUSES THIS AGREEMENT is made and entered into as of the E day of d' 07,- ~r 4. 1990, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation and c home nile city (hereinafter referred to as 'City'), and HOWARD BASS and HARRIS A. CAHN (collectively mmetimes referred to as 'Bass-Cahn Properties" and hereunafter referred z to u 'OwnerÂ»), with reference to the following: , r i \ i. I./ A 5 . EECUALS 1 '.4, 1 , .1 WHEREAS, Owner has submitted to the City for approval, execution and A.I ti; i recordation a Final Subdivision Plat (hereinafter referred to u the 'Plat') concerning the construction of fourteen (14) fully Ielf-contained dwelling units (comprising nine 3-bedroom and 4 66-: r'. 1 one 2-bedroom free market units and four studio accessory dwelling units) on real property owned by Owner more fully described u bein: (hereinafter referred to u the "Property'): i Lots D, E, F, 0, H, 1, and N, O, P, Q, R and S, Block 112 9 CITY AND TOWNSITE OF ASPEN Prr]UN COUNTY, COLORADO The foregoing described proiect i: to be known u the Oblock Townhouses and will be hereinafter referred to as the 'Project'; t. WHEREAS, on February 6,1990, the Planning and Zoning Comminion of the l City of Aspen grantd the conditional use application for four (4) accessory dwelling units for the Project and recommended that the Aspen City Council grant But)division approval for the Project, and on April 9,1990, the Aspen City Council adopted its Ordinance No. 14 (Series of ~lt .-; .7 1 1 741 t -. IIC-'liti- , - 4. I . 2 A . t:*jp:--7 - . + ' =Imm.*,ap' VE*N,r 4326990 to/08/90 14137 R.c â€¢145.00 BK *31 PG 505 EU]via Davis, Pitkin Cnty Clerk, Doc *.00 1990), a copy of which is hereto annexed u Exhibit "A" ("Ordinance 140), by which it granted subdivision approval for the Project and conferred upon the Project a vested right for the 3-year n.:*4 period next succeeding the effective date of the ordinance in accordance with and pursuant to the terms of Section 6-207 of the Land Use Regulations of the City of Aspen; f.%2 WHEREAS, the Aspen City Council i, willing to approve, execute and accept ~ the Plat for recordation on the condition that Owner 4rees to all matters contained In this Uff:.. Agreement; ......4 7 /4 4-{ 1 . t..4 WHEREAS, the City destres to impole certain conditions and requirements in connection with its approval, execution and recordation )f the Plat u art necessary to protect, i' Ki promote and enhance the public welfare; WHEREAS, Owner i, willing to acknowledge, accept, abide by and falthfully '4 perform all of the conditions and requirements imposed by the CitÂ¥; WHEREAS, pursuant to Section 7-1005 of the Land Use Regulations of the City of Aspen, the City i; entitled to assurances thal the matten hereinafter agreed to will be falthfully performed by Owner and his successor and auigns; and 6 . WHEREAS, Owner is willing to provide such assurances to the City. . 4 E ~~62â‚¬Ar . I I f. + - 4 , 00 36Â¢ â€¢ 1; . . -1-' 6 /' ' P I . 4326.991 tri/"EL'90 14:-7 Rec *145.00 BE 631 PG 504 E-,31vkv DaÂ·lic., rl U 1 n rir-1,19 Cler I , Doc ',00 8/WiE/,ditii NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for '4,6-0, recordation by the City, it is mutually agreed u follows: L.funlinictituLkh:dulm i The City and Owner acknowledfe that exact construction :chedules cannot be ti t 1 determined or agreed to at this time. It is, however, anticipated the construction of the Project will be:in no later than three (3) years from the vesting of the Owner': property rights in the t. 1 Project or by April 9, 1993. Thereafter, construction shall proceed â€¢pace in accordance with 2...0 the provisions of the Uniform Building Code, 1979 edition, as adopted and amended by the City f and codified in Article V, Section 7.140, et seq., of the Municipal Code of the City of Aspen, Colondo. At the time of application for a building permit for any portion of the Project, including the installation of Public Improvements, Owner shall provide the City Engineering Department with a precile construction khedule for that particular phaz of construction, to the ~ reasonable satisfaction of the Engineering Department and Chief Building Official. L-COOâ€¢Cuction of Public Improvements Prior to and u a condition to the issuance of a Certificate of Occupancy for any of the dwelling units comprising the Project: 1. SldeÂ¥111,1. Owner shall install, to then applicable City specifications, approximately 650 linear feet of concrete sidewalks In the public rights-of-way adjacent to the -3- - trqi",6 ... . F , Â¥Mr + 2 .... Â¢ I. 6 .. A. el ' .:.,4 -- ---./.9//1/98.~ri.11. jry/#:,7/4,544#Mialzr .ifirl#W 41726990 10/08/90 14:37 R.c *145.00 RK 631 PG 507 Silv,e Davit, Pitkin Cnty Cleri , Doc â€¢.00 Dunnt Avenue, Cooper Avenue Md West End Street fruntages of the Project, The sidewalks shall conform to the guideline, set forth in any Pedestrian Walkway And Bikeway Plan currently in the process of being adopted, unlcu no such plan hu been adopted by the time Owner undertakes to instal! the sidewalks, in which event the,idewalks shall be installed in Accordance Ar A. with the landscape plan, a copy of which is hereto annexed u Exhibit 'B' (the 'Land,cape Plan/). 2. Curb and Gutter. Owner shall install, to then applicable City specifications, approximately 650 linear feet of curb and gutter along Durant Avenue, Cooper Avenue and West End Street in the proximity of the Project. -I.- S 3. Additional Improvements. Owner shall implement, to the reasonable , utitfaction of the City Engineer, the remaining improvements to be incorporated in and about the Project listed u items 3-11, inclusive, in the letter dated Au;ust 6, 1990, from Schmueser Gordon Meyer, Inc. ('SGM Letter"), a copy of which is hereto annexed as Exhibit 'CL 4, Flnancial Ammurances. Owner agrees to Decure the performance of the i i construction and installation of the foregoing described public improvements and to gui.ranty one hundrrd percent (100%1 of the estimated cost of such improvements, which estimated cost, u i f approved by the City Engineer, is agreed to be $107,871.00, 85 morc particularly nt forth in the SGM Letter. Owner shall guaranty Duch cost in the form of a cash escrow with the City, or a bank or uving: and loan association, or by an .rrevocable jight drift or letter of , 4. t .. - . 6 .. .i . V ... -*.r re . 051 -- I , . 4 . 1 ... .:i:->.fHmM''w....1 . 4 i , 1 7 1.%6N'&fÂ·'90~)"*- *~'. ....4,2.. -4 43 '. 7,7., ~~:,1. ilk' L 21'..."S..me' *1269'70 1,9,/30,9,-1 14:37 R*c *145.00 BE 631 PG 501 04-2 Chlvi., Davis.. Pitlirl CntÂ¥ Clerl, Doc *.CIr, 6,11; f commitment from a financially responsible lender thal fur,di in the amount of such atimated cost are held by il for the account of Owner for the conitruction and installation of the foregoing de,cribed public improvements. This guaranty shall be delivered to the City prior to the issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable E' 1, - lo the City Attorney, and shall :ive the City the right, upon clear and unequivocal default by - 1.. 4Â· Owner, to withdraw funds u necessary and upon demand, partially or fully to complete or pay : for any of the foregoing described public improvements or pay any undisputed outstanding bills for work done thereon by any party, with any excess guaranty unount to be applied first to - 2.63 additional administrative or legal costs associated with any such default before the unused remainder (if any) of such guaranty is released to Owner. As portions of the required m improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Owner of the agreed estimated cost for that portion of the improvements, 13 wt forth in the SGM Letter, . 3 except that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. li .A 0 C._Imimmcal.IM~ckli In the event that any municipal improvement($) of the kind contemplated in ~~ Section 7-100Â¢C.3. of the Lano -je Regulations of the City of Aspen becomes in the sole judgment or discretion of the City nectuary or desirable to the area of the Project, Owner will make no objection to any special assessment or special tax or proceeding therefir on the basis t 1 that the Property is adequately served by existing improvements or on the basis that the Property will not be Berved or benefitted by the improvement(Â© proposed; provideu that any such l -5- 4 - 1* . 1 W. 3.Vit - .. 6. e :3 42% 5 t ' . 4Â¥ -11[ . . . I ..t/ .4 ' .pr~,2 %.' , 6 4. E 1 -0 - f-OrughwdÂ£710(*F gBgpiWN<*ik... ./1/./.2,//&/.1/VZ,/I/-/. - ~. AUM: .St", *tr:6990 4.1/'in'Ch, 14:37 Rec $14-.011 !Â» 631 r G 509 7,1.vi.â€¢ D.â€¢.;. , FÂ·.H ir-i rlitÂ·, CIFâ€¢r:, Dor. 4 . 1-u~ assessment or tax accomplishes an equitable allocation of expenditures among the properties to be scrved by the installation of such improvement(s). Furthermore, Owner agrees to join, upon demand by the City, any improvement di$trict formed for construction of luch improvement(s) including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, f,c., in the area of the Project or to reimburse the City of Aspen directly, upon demand therefor, if the City should choose to con$truct these improv:ments without the formation of such a district; provided that any such reimbursement by Owner to City accomplishes an equitable allocation of the coits of such improvement(s) among the properties benefitted thereby. e: ILS'Unl.jEW//I~/MN"~U~In Prior to issuance of a building permit for any portion of the Project, Owner shall 41 prepare and submit, for the review and reasonable approval of the City Engineering Department, a storm water drainage plan complying with the guidelines set forth in Section 7-1004C.4. f of r the Land Use Regulations of the City of Aspen, which plan shall include p demonitration that the historic drainage pattern in the vicinity of the Project will not be adversely affected thereby 1 4 and that, in accordance with the Clean Water Act, all and any snow melt faci.ities, foundation diains or outside floor drains incorporated into the Project are to be connected to a drywell or ; the storm sewer. Evidence of the acceptance of such plan by the Engineering Department shall be presented to the authority issuing the building permit. ,4 E.-Qumirum-Call:clign The Aspen Con,olidated Sanitation District â€¢'the "District") has, in resionse to the approvals given by the City for the Project, conceived and implemented, at a cost of $67,500.93, . -6- -*e 01 . . P t i. '46 .. 4 .. Â·Â· ... . R.r, Â· 4. -- 1 â€¢tÂ·'r .6 , V .- 1.124*04, 4 .61 , Â· 21=4"ditrs(Jilill#119/. 90â€¢mj/5 ~'bW qh' + .UM"#AJ[44*Pat1.--.11 ft:i N T:-2,09,1 1,,/,-,0 '91, :4:17 k.,r *1451.<.1(.1 141 631 PG 510 t 9,11Â·4,4-Â· thi,v. i., FÂ·ittin Câ€ž*6 fle,-1, Drnâ‚¬ 4.09 a plan for the satisfactory mitigation of the anticipated impacts of the Project upon downstream sewage collection facilitici. Prior to the is,uance of a building permit for any portion . f the Project, Owner shall reimburse the Distnct for the costs of conceiving and implementing such ..4.t plan or shall make suitably secure arrangements, satisfactory to the Diltrict in its reasonable discretion, for the rcimburicment to it on a deferred basis of such costs. Evidence of such reimbursement or arrangement therifor shall be presented to the authonty issuing the building permit. Y._Ptura"JUkNmjk/WjgOR*lkudkL Prior to the issuance of an excavation permit for anticipated excavation beneath existing sewer facilities in conjunction with the tunnel to be installed to link the subgrade parking facilities to be constructed on either :ide of the alley that bilects the Proje.t site, Owner :hall Â· t demonstrate to the reasonable satisfaction of tlie authority issuing such excavation permit that , the plans for the tunnel and parking facilities haÂ·Â·e been reviewed and approved by the District . , to its reasonable â€¢atisfaction and that any conditions 1,12 le by the District to such approval have been effectively incorporated into the plans. * G. Landsuptng Improvement 1 Owner shall install landscaping within the Project consistent with the Landscape â€¢ Plan. The La,,dscape Plan depicts, inter alia, plant material, proposed treatmeit of ground surfaces and other landscape features. Landscaping shall be completed in an orderly, logical sequence consistent with planting seasons, climatological conditions and construction scheduling. Owner agrees to ensure implementation of tlic Landscape Plan and its maintenance for tÂ» 2-year . period next succeeding its installation and to guaranty 123% of the current estimated cost 7 1 , j 2*00. Â¥7 . I :. 4 $ . 6 . . y'.4eh':S:111...64.3 1432'699" 144m/r,0 14: 17 Rpc $145.00 m b31 PO 511 O,11Â·via thn'.f, t:'tip Crity Cleri, Dir 9.1-)'.1 thereof, which estimated cost, as approved by the City Engineer, is agreed to be $49,195.00, as is more particularly iet forth in the detail of landscaping costs hereto annexed :1 Exhibit 'D: Owner shall guaranty such cost in the form of a cash escrow with the City, or a bank or a savings and loan association, or by an irrevocable sight draft or letter of commitment from a financially responsible lender. This guaranty shall be delivered to the City prior to the inuance to Owner of a building permit for any part of the Project, shall be in a form â€¢,ceptable to the 1 City Attorney and shall give the City the right, upon clear and unequivocal default by Owner, to withdraw funds u necessary partially or fully to complete or pay for any land,caping : t. / improvements or for the maintenance thereof or pay any undisputed outstanding bills, with any ; excess guaranty amount to bc applied first to additional administrative or legal costs associated , , with any such default before the unused remainder (if any) of such guaranty is released to C Â· .er. As portions of the landscaping impmvements are completed, the City Engineer shall inspect them, and upon approval and acceptance,shall authorize the release of the agreed . estimated costs for that portion of the improvements, except that ten percent (10%) shall be withheld until all proposed landscaping improvements are completed and approved, and an ~ additiona. twenty-five percent (25%) shall be vithheld, which ahall be retained until the . improvements have been maintained in satisfactory condition for two years. H,_Removal and Relocation of Tires Construction of the Project shall not impair, adversely affect or result in the loss or removal of the six (6) large spruce trees on West End Street and those along Durant Street, which treeS are to remain where currently med and survive construction activities associated with the Project. No trees within the Project site with a caliper larger than 6" shall be removed -8- c - . *Lii.2 3 1 4 %. . 4*r .*./. .4 -9 41 â€¢ l,. . I . â€¢ .774 A â€¢12'640, 10/08/90 14:37 Rec â€¢145.00 RE *31 FG 512 4 91141# DaviÂ·:i, Fut*ln Cntv Cler; I Doc Â¢Â·.00 without a valid tree removal permit hiving first been obtained from the City, In conjunction i with the construction of the gar,Ze ramp for the Project, Owner shall seek the advice of and 1 1,/Â· 0 shall confer with the City Parks Department concerning the relocation of the clump of large 44 evergreen trees that are to be removed and relocated off the Property to a site to be determined IfÂ». .j by the City Parks Department. Owner shall arrange, through a qualified independent third party f acceptable to the City in its reasonable determination, for a cost valuation of the trees, and each of them, to be relocated and, as a condition to obtaining a permit for the removal of the trees, Â·4 - /4 4/ G shall obtain ind furnish a bond or other assurance or lecurity device, the condition of which shall be that if, within the 5-year period next succeeding the relocation of the trees, any tree does not survive such relocation, the value of each Buch tree, determined u above-provided, shall be paid to the City's Park Department for replacement vegetation. P - 4 .3 L.-Acc=gn-nion/"Likdo Owner :hall construct four (4) Accessory Dwelling Units within the Project each consisting of not less than 300 nor mort ihan 850 square feet of net livable area (u defined in ~ the Land Use Regulations of the City of Aspen) and located within or attached to any four of the principal residential dwelling units to be con:tructed within the Project, each of which Accessory Dwelling Units shall meet the City': definition of a Resident Occupied Unit and be rented for periods of six (6) months or longer. The owner(s) of any pi incipal res' lential dwelling unit to or in which any such Accessory Dwelling Unit is attached or located shall have the right to placc a qualified employee(i) of such owner's choosing in the appurtenant Accessory : Dwelling Unit; provided, however, that any or all of such Accessory Dwelling Units shall be 1 entitled to remain vacant and unoccupled should the owner(:) of the principal rei.dential dwelling -9- 2 1 tu- ..0 f. 4 Are. J~- 4 te Â· .. ./#- :4 4 , ipt J. tki?..,t' I . . 4&9666 14/I/*0<le$'fuLN'-51-#9.'. Bk7 21/L~ i/51/////7////5//~~444////~1/// i Silvia Davis, Ditkin Cnty Clerk, Doc *.00 4326990 10/08/90 14:37 Ric 0145.00 Br *31 PG 013 i unit(t) to which luch Acces,ory Dwelling Unit is appurtenant m choole. None of such Accessory Dwelling Units may be partitioned (through condominiumization or otherwiw) from ~ 1.-4 the principal residential dwelling units to or within which such Accessory Dwellin: Units are A44 attached or constructed. Prior to the issuance of a building permit for any portion of the 7.CA> Project, Owner shall record in the Pitkin County, Colorado real property records a deed 4 restriction, Iubstantially in the form hereto annexed u Exhibit 'E' but, in all events, in such /1 1 k form u *hall be reasonably approved by the Aspen/Pitkin Housin: Authority, confirming the 41 2 controlled housing nature of the four Accessory Dwelling Unit: to be incorporated into the 6 14~ Project. 4â€¢Â· I - 2, 4/ '42 Rt.E~:01120LhLQ'llul 1 In the event the City Council determines that Owner is not acting in substantial 1 ;4 compliance with the terms of this Agreement, the City Council may issuc and serve upon Owner a written order specifying the allged non-compliance and requiring Owner to remedy the nme . within such reeonable time u the City Council may determine. Within twenty (20) days of the 1 receipt of such order, OwnÂ®r may Ate with the City Council either a notice adviting the City Council that It il in compliance, or a written petition requesting a hearing to determine any one .:. 3 or both of the following matters: I .1 0) whether the alleged non-compliance exim or did exist, or 9-* ii -10- .. C 9/lill" 4#4*42 .1. 9/,%~ I J 3, 4,2._ - 4 Â·iÂ·,1 â€¢ lit,/ 922 At 12 - ... .-, . I - 0726909 le)/r,8/90 14:77 R.c *145.00 BY *31 re 514 0:lvie D/vie, Pit! in Cnt, Cler; , Doc 4.00 Â·r (ii) whether a variance, extension of time, or amendment to this Agreement should be granted with respect to any such non-compliance which is - J determined to exist. i Upon the receipt of such petition, City Council shall promptly schedule a hearing to consider 13Â¢2~ the matten Â·bet fort., in the notice and in the petition. The hearing shall be convened and 6 1 conducted pursuant to the procodures normally established by the City Council for other ~ - 6 4 hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which hu not been remedied, it may inue such orders u may be appropriate; provided, however, no order terminating any approval granted herein 'hall be illued without a .t. Anding by the City that substantial evidence warrants such action ind affordin; Owner a realonable time to remedy luch non-compliance. A final determination of non-compliance, 7 , which hal not been remedied or for whlch no variance hu bcon granted may, at the option of ~ the City Council, and upon written notice to Owner, terminate any of the approvals contained ~ herein which art reuonably related to the requirement(s) with respect to which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement u it may deem appropriate under the circumstances. In addition to the foreloing, Owner or its succes,on or assigns, may on his or their own initiative pdtion the City Council for a variance, an amendment to this Agreement or an exterrnon of one or mon of the time periods required for performance under construction *chedules or oth-,iss. The City Council may grant such variances or amendment; to this Agreement or extensions of ume u it may deem appropriate under the circumstances. 1 4- I 4 & :9 -11- 1 , .5 1 t 7~WEA' ark. 4 %. Col re . A. 7 Â· -*.-0- ar -214 : ' .4 0326990 10/08/90 14:37 Ric â€¢145.00 BK *31 PG 515 - Silvia Davis, Pitkir. Cnty Clerk, Doc 0.00 E._Mt=Uan=nu.Ronlal" 1 41. 1, Notleeâ€¢. Notices to be given to the parties to this Agreement shall be 1: 'lf.. . I 6Â·25... deemed given if perionally delivered or if deposited in the United States Mail to the parties by . ..â€že-- registered or certified mail at the addresses indicated below, or at such other addresses u may be substituted upon written notice by the parties or their luccesion or usigns: If to City of Aspen: City Manager 1 130 S. Galena Street r .Pj Aspen, CO 81611 Al , 3â€¢ - . 9 I. J. If to Owner: .9 16 ,h P Bal*-Cahn Properties . luf P.O. Box 5078 +It:64-,>, Aspen, CO 81612 With a Copy to: Robert W. Hughes, E,q. O,#, Hughes & Knezevich, P.C. 533 E Hopkins, â„¢rd Floor ;fÂ·,4;; Aspen, CO 81611 0.27< 5 4 g Â· '+ 1 2. Ordinance 14 to Surplve. Any of the terms and conditions to the 4, 1.- 3 : 4111... 'fly,~~*, approval of the Project or obligations on the Owner' s part to be performed as set forth in Ordinance 14 not specifkally addiessed in this Subdivision Agreement shall nonctheless survive the execution, delivery and recordation of this Subdivision Agreement and the performance of Owner': obligations hereunder, shall burden the Project, shall run with the title to the Property and shall be binding upon Owner, Owner's micces,on, grant- and assigns u fully, for all intents and purposes, u though such terms conditions or obliption, were let forth in full r herein. -12- *â€¢ '4 7/ .../& - 0 0 . 1 1 y & C . 4 4 4..2 .... 0 4 ..7 . 4 4- ....:t?M'4*2':","fy{25,Â· U ./ 337n:%, 4 VEp, ,= - 74<-*.-4111*3Â·49942E 4 4 J 1 ..231Â», 4 *326990 10/08/90 14:37 Rec: 0145.00 BK '6Bj PG 51. 1 t Silvia Davis, Pitlin Cnty Clerk, Doc â€¢.00 .. 3, Bindint Clau,e. The provisions hereof shall run with and constitute a 41 ~Â· >A burden upon the title to the Property and shall be binding upon and shall Inure to the benefit of (>1'. I. - 0*4~-li Owner and the City, together with their respective hein, penonal representatives, successon, LiuA.# - t. grantees End usigns. 1.50"rc I ' ' ZJ:.7 4, Applkable Law. This Airecment shall be subject to and construed in :Â·'4; i . *....Â»9, ,/Â»11 -- accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. i:Â·01- *: 'U t 71. k 1,#22 5, 5.-ivenbUMI. If any of the provisions ofthis Airee=nt or any paragraph. , . i s.kf' 4 2 untence, claux, phrue, word or lection of the application thereof in any circumstance i s 246= An.' invalidated, such invalidity shall not affect the validity of the remainder of this Aireement and thevalldity of any such provision, paragraph, sentence. clause, phnic, wo,Aor section under any other circumitances :hall not be affected thereby. . 34 1 ,. 74-- 2 4 #., 6. EM!-_*Ememeâ€¢~ - An~ad-nt. â„¢1 Asre~nent coniains the entire 4 undentanding and aireenunt between the parties hereto with respect to the transaclions contemplated hereby and may be altered or amended from time to time only by writtm instrument executed by each of the parties hereto. ~ 1314.; C -b-- 7. Am:ManÂ©i-apht.~RE~!lcalloll,Lgl:~t Upon --tion of this , :4-2, ... 4/ -r Agreement by all partics hereto, the City agrecs to approve and execute the Anal subdivision exception plat for the project and to accept the urne for recordation in the recording ofnce of rel -16 # â€¢ - #: 8 - 9 4 -44(4 . 141- , ,, dy: 2154 r" 1 ./ 1 4. i./0 . 0326990 10/08/90 14:37 Rwc *145.00 82 431 pO 517 Silvia Davis, Pitkin Cnty Clerk, Doc 0.00 Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For his part, Owner hereby ratifies and confirms each and every representation and public dedication made and Ict forth by Owner on aid plat. 9 I .-fi t +3.4 4 IN WITNESS WHEREOF, the parties have hereunto Det their hands and -11 , m the day and year first abow written. THE CITY OF ASPEN, COLORADO, a /4.a. municipal corporation 4 - i 1:.f n /4,1 Â£ 1 7 2.- BY-j~046, ep.<~~ .: Â· Katmy* Â¥'Koch, City Clerk William L Stirting, Mayor I ...1. .. AP]4pV~p AS TO FORM: OWNERf L 1, F - A.4*0Â· 15â€¢ 44 Edward M. Caswall, /0 31 City Attorney 77.7,--, -......~-,~Â·-,1- Harns A. Cahn STATE OF COLORADO ) i COUNTY OF PrrKIN ) MU ~ The foregoing instrument was acknowledged before mc this #L_ day of UÂ£*,4,4, 1990, by THE CITY OF ASPEN, COLORADO, a municipal corporation, by WILLIAM L. 5nRLING, Mayor, and by KATHRYN S. KOCH, City Clerk. Â£ c. 2WrrNESS my hand and official -1. A 1 w My commission expires: .40Â£.....al-- 6(4.) . ~ 11 ' - 41 . 1 2 Notary Public . 4 . i (Notarial Clauses continued on Page 15, following) ... + 15 4 -14- fo . f A *,Ea 4 i: . ~ 51-W - *.---- -- -Â·'Â· t Â· Fip . I. . Â·~ . ~*9AZ'4"St I-&21$1-Clin/AG. .31.6490 1{,/c,8/90 14:37 Rec 0145.00 8, 631 PG Ble 51]via Davi'-, Fitkin Entv Clrri, Doc *.60 STATE OF COLORADO ) ) 1/. COUNTY OF PITKIN ) r- The foregoing instrument was acknowledged before me this _5 day of .'.4 -0.164,1990, by Howard Bass. 143 WITNESS my hand and official seal. ' ' . -My commission expires: Uu 1,144' 9 6 0Â»41â€¢Uk N ic ....1 'A Â· t STA~EOF COLORADO ) C.(.4 COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ~ day of ~ib~_-, 1990, by Harris A. Cahn. , , i , Â·WITNESS my hand and official scal. 3,1 . ut Â· Â· Â· li, aommission expires: 9,â€ž 1, 114, *AL) k. 6514 ' â‚¬~>., / Lit Â· , Notary~lÂ¥ , U SU*IiÂ¥10*' Al 1%4 4 . J .- 1 73 1 -15- 41 74:19 . 3 Â·Â· - 6 1-349Â£ 2 4,4. *. . 24 Â¥4. 1 . ---.. . 2 -S. 4 .' . ... Â· j:th?L' _ 1-EW. *132694r, 10''-18/90 14: -17 1:ec- 01 15. 00 IRF' 631 IN; 51~ Silvia Daily, r..lt')9 0*V Clf.",&. DOC 4.1 EXHIBIT 'A' ORDINANCE NO. 14 (SERIES OF 1990) AN ORDINANCE 0, THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION AND 1 VESTED RIGHTS FOR LOTS D-I AND N-S, BLOCK 112 *4 â€¢t Â£ WHEREAS, pursuant to Section 3-101 of the Aspen Land Ume Code, a development application requireo subdivision review for i land to be used for condominiums, apartmentâ€¢ or any other multiple-dwilling units; and WHEREAS, pursuant to Sections 8-104 and 7-1004 the i i I ..1 Commission reviewed the râ€¢queâ€¢t for conditional use review for i Lf i accessory dwalling units and subdivision; and f. .. 10 WHEREAS, a duly noticed Public Hearing was hâ€¢ld by t.1, Aspen Planning and Zoning Commission (hereinafter "Commission") on 1 February 6, 1990 to consider the conditional U.. review and Iubdivision riview application, at which timâ€¢ thâ€¢ Commission ~ reviewed the application; and 1 WHEREAS, the Commission considered the reprosentations and commitmints made by the applicant and approved the conditional , usâ€¢ for four accessory dwilling units with conditions; and WHEREAS, the Commission recommind* to city Council subdivision approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or ASPEN, COLORADO: aglign..11 That it does hereby grant subdivision for Lots D-I and N-S, Block 112. 1 1 1 L 1 1 J K :ril r - 4 . Â· . ' r-- I. .: 'Â·' Â·2,47?,1~574;Mat:%., - .. . ";Â·~9~i,br'. ,.. "Â·t'f~ 44'ff /Le ;.6.< . i A. , Â·.:12_1.-- 1-22*1~*62~!2)9446. 2.2-1 --2 .1 #326990 to/00/00 14:37 Rec *145.00 P. 431 PG 520 Ss]VIA Divis, P.ttin CntÂ¥ Clert, DOC 1.01, inglimul t 1 1 That it doos hereby grant subdivision as recomminded by thi 2 Aspen Planning and Zoning Commission, for the Oblock parcel EfEL. located between Cooper and Durant on Wist End, Lots D-I and N-S, , Irk L744 Block 112, with the following condition,: 1,0.f,r 1. Prior to the issuance of a building permit a final plat shall bi filed Bubjoct to review and approval of the Engineering Department. Thi final plat shall include but not limited to: 01 a. The surveyor'a certificate must indicate that all . T 1 .... easementi indicated on Title Policy No. 0-9941-38538, dated 13 1' December 9, 1988, have bion shown on this plat. ...4 b. Easimints for transformâ€¢râ€¢ and utility pidistals subject to review by the Engineering Department. c. An above grade trash service aria. 2. Prior to the ismuance of a building permit a mubdivision agreement shall bi submitted for reviâ€¢w and approval by the Planning Department. The Subdivision Agroâ€¢ment â€¢hall include but not be limited to: a. an agrâ€¢iâ€¢ent to join any future improvâ€¢ments diatricts. b. language binding the applicant to bond for fivi yâ€¢irs thi value of the large overgroons (removed for the garage ramp) for rolocation or replacement purposei. 3. Project approval ihill be conditioned upon receiving an Incroachment liconâ€¢* for the parking garage. If an Incroachment liconie im not granted thin thâ€¢ applicant shall Bubmit new miti plans for staff and P#Z review. IY 2 .. Ay .. 4 . t. .. 4 4.0 191 . 1%,r - te- 11%11 . ~43,6 0 03=6990 10/08/90 14:37 Rec 4145.00 91 431 PG 521 t Cilvia DaviE, PitlÂ·in Cnty Cl/,1, Doc 1.or.i --. i 4. prior to ismuance of a building permit the applicant shall submit a mtorm water drainage plan to be reviewed and approved by I the Enginâ€¢ering Departmont the plan shall include, but not ~~ 0 limited to, dimonitration that the historic drainage pattern will Lj>V not be affected and all snowmelt facilities, foundation draing or 1 . outside floor draini shall be connected to a dry well of th. 2 1 I mtorm Bower, in accordance with the Clean Water Act. i 5. Prior to final approval, a portion of thâ€¢ eximting fincing should be relocated bicauâ€¢â€¢ it iâ€¢ in thâ€¢ public right-of-way and blocks public use of the sidewalk aria. 'â€¢.i. 1 6. Thi City requeits that if any bouldâ€¢rm larger than 36â€¢ are excavatâ€¢d on the mite and are not nâ€¢â€¢ded that they be provided to .1 .... Â¢16 . Â· the City. . 7. Prior to recordation of thi subdiviâ€¢ion agreement and final ' - plat, the applicant shall submit documentation to the Planning Department demonstrating that downstream colliction constraints can be mitigated to thi satiifaction of the Aâ€¢pen Consolidated Sanitation District. The actual cost and financial guarantee . .3 shall be incorporatid into the mubdivision agrooment. 8. Prior to the issuance of an excavation permit, the tunnel and undirground garage design â€¢hall b. approved by thi Ampin Consolidated Sanitation District. 9. The 6 large *pruce trees on Womt End S:reet and those along Durant shall not bi removed. Removal of any trâ€¢â€¢ largâ€¢r than 6~ in caliper â€¢hall require a =ree removal permit. 10. The applicant shall work with the Parks Department to 1 3 1.0 - ./.*, .. r. 0. 0 .9.,x 41'AC 1 ' ~M-* " <U 1 N 1 ./ #I '*I' . . . .-... -Â· Â·Â· 'brtÂ¥ â€¢ .: f " .f I . . i IC' Ivt,W,Hi #LA/lud $ E Q 4. it.Â» 0326990 10/00/90 14:37 Roc â€¢145.00 1, .31 PG 822 Silvia Davis, rittin Enty Clirb, Doc 4.13" relocate the clump of large evergrioni boing removed for thi ' - construction of the garage ramp. The applicant shall also bond for five yearm the cost of the tries (aâ€¢ determined by an ....im â€¢ indâ€¢pâ€¢ndâ€¢nt third party). In the event they do not murvive relocation the money shall be available for the Parka Department to usâ€¢ for replacimint vegetation. 11. The street and sidewalk improvements *hall comply with the 3.4.2 Pide.trian Walkway and Bikeway Plan. In the event the plan is 31/>1 not adopted they â€¢hall develop thâ€¢ street and â€¢idewalk improvemintm am depicted on thi approved planâ€¢. 1+ 12. Prior to the immuance of a building permit the ownir shall it -, *. record copies of deed restrictions for the 4 acceâ€¢â€¢ory dwilling unit* subject to review and approval by the Housing Authority. ~ inglign-11 That is does hereby grant Vested Rights for this subdivision for a period of three (3) years from the effective date hereof in t accordance with the terms and provision of Section 6-207 of the .1 i Aspin Land Usi Code. iIgliQIL-11 That the City Clerk bâ€¢ and hereby im directed, upon tho adoption of thim ordinance, to record a copy of this ordinance in thi office of the Pitkin County Clerk and Recorder. . 829112.11 If any section, mubsection, mentencâ€¢, clau.â€¢, phraâ€¢e or ~ ~ portion of thii ordinance iâ€¢ for any riaion hild invalid or unconstitutional by any court of competent jurisdiction, such 4 I, , r .6 . 4 %1141 0 .r" 1 44,4 t. . :.. 4,2 . 0 7. 1, I .70 6/Milit ~Pbgy... .1." ... *126990 10/08/90 14:37 Rec â€¢145.00 BK 631 PG 523 .C 4 51]via Davis, Pitlin Cnty Clerk, Doc 4.00 provi,ion and such holding shall not affect the validity of the remaining portions thoroof. . 12~1=-il Nothing in thim ordinance shall be canstrued to affect any 'Am ?f right, duty or liability under any ordinance in effect prior to the effective date of thii ordinance, and the mame shall be : 2 - 1 .4 * continued and concluded under such prior ordinancei. Â£ 4 - .. Vi t f. 1- A am.=tlgn_11 .2-â‚¬*i / A public hearing on the Ordinance shall be held on the 9'Â«-' , 1 11 ... 1 day of Â£~~24..Â£.00 1990 at 5:00 P.M. in thi City Council Chamberi, .21*12 6 1 /91 ' Aspen City Hall, Aspen Colorado, fifteen (15) daym prior to which hearing a public notice of the same â€¢hall be published one in a newâ€¢papâ€¢r of general circulation within the City of Aâ€¢pon. INTRODUCED, READ AND ORDERED PUBLISHED ai provided by law, by thi City Council of the City of Aspen on the /.2**~ day of . 0, 1 .-4, J 431/Aut , 1990. 1&.294 William L. Stirlina Mayor ATTEST: 12.11.- rhl-G-L Kathryn f. Kodh, City Clerk FINALLY, adopted, pas,ed and approved this (71k-, day ot I I . . 6*61, , 1990. 12:c >r@4- William L. Sâ‚¬irling, Â¥!ayor =Lo JiLL Kathryn ~4' Koch, City Clerk 5 ./.k - 3,4 4 9-%.2 . Â¥J.d 4.91.: . . . -. i.7/A:/M~:i" ..' .r , ' 1:*- :'6Â¢. i. ~; â€¢ :#-0.1--* "29*,aâ„¢=?r,OFF'A -'Ben a~Â¥-Wl-ME *326990 10/00/170 14:17 kec 0145.00 t# 631 rs 824 EXHIBIT "B" Silvia DavtÂ¥Â·. Pitlin Cnt,Â· Clert. Doc 4.0[h ; k + - 1 94. , .G ... lilli r.-1 1. Ill . 1 1 Hi i i' i ..Ii''' lili . C f 1 iwiN , li i 1 1 1 ,111 t,.. 4 r .1 1 1 '.LS aNalsiVM w i !7 - 4 2 4 . 4'-.A. 0 . ~ 4--9 -*if -7\ 4Â·: , Â·. It/, ., Â· 1/ /0 4 . -2-, AbLA AL ~Ii r. 4 . . (74.1 r- -- -6 fr- -- - * 1 ..I ' 3 - . 9Â·k 4- Â·:d .141. 11 31 4 k 1.%, 1 111111 M ~Â®11|In ~. '' 'll ~ 'I ~ d"a~I' vit-~ - .: 4 Â·4..' Â·4' 44:,1.11 t,lili . p ':111 1 1111111111. 1 *z â€¢ Â£ ./\ .g 11 . 1. lili 40 6 1...1 k0 4 :- , 4 4-' 1%/,//9-/~f-Jr ~~ ' - E 1. 11 . l'Illm I U IllII' ] . .rk 7 E . 54 Â¥ --19 ' 1 - - Â£ ' IÂ· 1[1 Vb'lll[ 1 IiI . '19% lili !1 ... 1,1 , 111111111 -!T: 1 ... 1. i 1 I IMII'ilâ„¢! I 'll 41 1 1 B 111 1 .lili li.:. 1 , -1 11 111, = 1. 6.4.- (1111 ~~11 lili i .111 I r Â· - /44 9 1 1 rÂ·r--r-~~-ITT--~ &3 - 0 11 lili 1 !111 1 1.:. ...111111111111 1 11111,111 1 . ; Â¢* 0 . r. 1"IL#L ; + 21 1 1 . t'4: -1 :' '~tÂ·*dalIf-/1-4.. 111~ . .... Â· d#i i & A imkyrT -1 323, U; E: L- g --- - .... --- --- - , '1 -/ Lr . 1 I.-I 1 43 4 9.. . *74 r 2#A+41.- 2 Vt **vâ€¢ -â€¢ e 1 ....Â·.T- 4. . .1 7. st. :3. 9{7.\37.,it:.;F,rk .1 ..i - 1 At. 10 .Le t~ P.h. , - . , ., 1 ...7 'r'. 4 .., P.O. Box 2158 t . /.câ€ž......O.00. .... â€žC .S# i EXHIBIT "C' Alpâ€¢n, Colorado 81612 W. i (303) 925-6727 , *Â·t. i lii .' I I â€¢r F August 8, 1990 #326990 10/08/90 14:37 R.c .145,00 BK .31 PG 825 14. Â·21:Â·i Silvia Davis, Pitkin Cnty Clerk, Doc 0.00 ..... 1 Mr. Sunny Vann 1-1,6 Vann AB,ociates, Inc. 230 E. Hopkins Aspen, Co. BIBI I ..... FE: Oblock Property Â· :.â€¢G f I .AM gitlmated Comt of Public Imoroverrintâ€¢ r *4 Dear Sunny: . 424.f Thle letter li In follo--up to our dlicusâ€¢lon of July ID, lOgo regarding a 4 7. .. *chodule of coots for public Improverints for the Oblock Property. I ha- Identlfled public l,provivlntâ€¢ purâ€¢uant to Alpin DAniclpal Codo, Dection 7- . I 004C.3.A. and have Included only lierovinint, that wl I I provide an upgrade of 091'ting m.ln utility linoâ€¢ or limrovinint, within the right-of-wly, such as -/. . .Al curb, gutter, Ild-alk and pavâ€¢mint, I hivâ€¢ not Included In thiN cost eltlmatil Â·9~â‚¬.. /. lervlce Ilnes, or coit ellmentâ€¢ Duch â€¢â€¢ dimolltion, on thi billif that thi city r would not undertake d,molltion work In thi evimt thi proloct did not commencI. It'Â· I Â· .42& I would antlclpati that financial guarantees will be roquired purluant to Alpin DA,niclpal Oode, Section 7-1005.D. requiring * guarant- for 100%of the Iti-ted cost of public Improvemento. As you knoN, thi City Engineer will need to Blen Â¥.. & off on both thi I lit of inÂ·trovement, and the eltlmated coit, therool. 52.77.-9. , Public Improvements relevant to the Oblock Parcel Include the following: 1. Sidewalk - 650 In. ft. w 5 ft. *Ide = i 361 *q.yd. 0 025 *q.yd. 0 9,025 . <4 Ba*e courie 361 sq. yd. x .It yd. = 4 40 cubic yes. x 2 ton/cu.yd. = 00.22 .. torts 0 *18/ton 0 1,444 4 Handicap r -p, 2 e,ch 0 0400 0 000 . Subtota: Â·Sid-ilk 111.119 2. Curb and gutter 050 In. ft. 0 013 per In.ft. LI.119 3. Alley paÂ¥/ren t 200 In.ft. * 20 ft. wide â€¢ 444 sq.yd 0 3" dopth â€¢ 37.04 cu.yd. x 2 ton/cu.yd. â€¢ 74.08 ton, 0 *50/ton $ 3,704 1512 Grand Avinue, Sult, 212 â€¢ Glinwood Springs, Colorado 81001 â€¢ (303) 945-1004 ./ . C . r '9% 4 - i . 4.4,32 . /, 49 ' I f 1 . .: r ........119,52. 6 A . V.' ~rii,KD,Â·'4 5. V. h .t. Â· 'Â·)-"'Â¢Vâ€¢,' 4>.* - -i :'0 fl., 1'Â·3111*Ed ",'0"l' 11.J/vt,/ v{, 14; -.<7 Rec 4145.00 Bâ€¢ *31 1-13 5~ ' Sit vi.. Di".Â·: r. Attin Cnty Clert, Doc 1.On Â·c August 3, 1990 i W. Sunny Vann Pa. 2 4,; ... Bale course 444 Iq.yd, x 0" â€¢ 74.07 .#4Â» cu.yd. * 2 ton/cu.yd. : 148.15 ton x *10/ton $ 2,087 Prep subgrade . 1,500 '1.'r ..4 J Dubtotal-Paving Ll.111 4/' 4. Street lighte - Aspon Antique style 0 *ach at *3750 ituill Â· 4-t.'* *41 B, Water lino - as you may recall bâ€¢ied on dllcusolone with JIm fli a Mirkalunle of tho Aspon Water Dopt. on Auouit le, IND, M Indluted 1 4/ that I -uld bi pormitted to top â€¢n INIâ€¢t Ing 14 Inch -In In thi : :. 1.,1 Cooper Avor,ui right-of-Noy with In â€¢ Inch ductlle lino m.in extinolon alon,Weit End Street for poillbll lutur, Interconnect by the Clty of Aspin. This short min **tinâ€¢lon, Â¥Â»Ilch I would n- lotlmiti at approwlmatily 71 fiet in lingth, would ropr**ent a .-: ~ portion of . public water Iyetem Inprovlment all-Ing a future Interconnect :0 Durant Avenul. The â€žtlmated colt of thle mlln . exten. lon I 0 0, tol l o.: 4 75 In. ft. 1" VIP main 0 *35/In.ft. . 2,025 , 0" Tio, I nach / 0275 . 276 . Tie In to existing miln(Lump sum) ; 1,000 . 0" plug, I each / *180 0 150 ~ 7 1 Q.' P gat. valve, 1 ..ch . "75 . 87. 4 Piv,ment ripalr 76 In.ft. x 20 ft. z N 187 DO.yd, x .It yd. â€¢ I'.56 cu. yd. x 2 ton/eu.ye. â€¢ 37 tons 0 *SO/ton . 1,/56 I Subtotal, weter m,In w-Mon a lillo ./ i Electric Extenilon - Al you My recall, In a discuoilon with Don allbort, tho Clty'l Electric Duperintlndent on August 10, 1000, he indicated that thi prolict vould requir, an 0*ton,lon of 3 phail prlm,ry from Original Stroot along thi owllting alley H, further . .6 i Indicated that any exlatlne linil In the aria of thi propoled tunnel . . will riquiri placi-nt In coMult. Elitr ic .yot- 1,4,rove-nt ' lotlmate, ar, as tollo..: , i . .. - A '4 4.. P J 1 1Â¥9 1 ..UÂ· .. I -=e. - B A. : 44 4. 44 :)4:%*11'F.L.Fled-mil.'ll,=19,15 .--fal-*914/9 â€¢326990 10/DEL/90 14:37 nec â€¢145.00 1 631 PO 827 Chivia Davis, Pittin Entv Cler&, Dor 4.00 Augup. 0, 1990 Mr. Any Vann 400 3 1 3 phase primary In conduit 250 In. f t. 0 *40/In.ft. .10,000 45 Rt r Service tran,form,r I each 0 016,000 *15,000 70 In. ft. single phaie In Conduit , e *30/In.ft. 0 2,100 - K A i Oonniction to exllting eyst- (Lum kn) 0 2,000 I K A Subtotal electric Improvenints UL/B 7. Sanltary Sm-r LIM replacemint. The following litlm,te le for r,plac-mt of the ./wir Ilne In tho .0. 01 thâ€¢ tunne I con,truction. Thi Di-r lino roplâ€¢comint I, thi first of leveral Itemo that are riquirld In torms of rolocation, cvor tho tunnel structure and wiuld *,em appropriate for lininctal asourance with 4 4. tho City In thi event tunn,1 con,truction work -re c-Minced, but Â¥ .1 not complited,by 140 deve lopor. You will note thol I have not Includid any #11-tio under the Ir lino cate,ory for off-.lt. 1.prov,mint, such 1, an up,ride of the Ilne In th. alloy -,Ind Croi,rood, Drug. 1 have al,0 all,med that - will not dilturb the AN Â· exlltlne Inholl In tho middle of the alloy Id jacint to thi Oblock I parcel. **or riplacimnt coits ari as fol loâ€¢â€¢: t' DO In. ft. PvC sinltary â€¢04â€¢r / Al *31/In.ft. 0 1,7;0 4 Temporary rerout Ing of laver M floâ€¢i around thi tunnel prolict , 2,Â§00 j 44 . (Pav,mint roplaciment 1, coverid by thi alloy paving Item 3 above) Total Deir line replicenint Ling Phon, lino in conduit 70 In.It. 0 *10/In.ft. LL.Zin 0. 01; lino replacem,nt 70 In.ft. / Ils/In.ft. 0 1,050 .t Tieorary routing around the project Ilt' 0 1,000 * 1 Total for 080 1 Ine LLW t a 1 -F -- . * 3 .4 -L ,..0 t. tr' . ./ I. Â·1-9.Â·~'*t.4 ...rdeft; I 3 -' ' . 4 4.- / 't . w.>. er,Â·,0 1,-1,'wl/90 14: 37 R,c *145.00 1 A31 PG 528 Cllvia DaÂ·,]S, r.itl.r, Cnty Clert, Doc 4.0(-1 ( August 6, 1990 Mr. Sunny Vann Page 4 10. Cable TV In conduit 70 In. ft. 0 *10/In.ft. L_-lig Â» t'la ll. Backfill tunnel owcavation. While not a public Improvimint under 1,â‚¬ r the normal definition, It would â€¢earr, appropriate to consider the po.Ible expens, aisoclated with restoring the tunnel excavation In i thi event the developer biglnâ€¢ â€¢uch work within the public right-of- way but le unable to conÂ©lete it for .0- r.ion. I would i antlcipate that the City would want funding avallable to provide structural bickfill within thi â€¢*câ€¢vâ€¢tlon for thi tunnel and reatore Y -4/ the alloy to Its prior condition. Given the depth of the tunnel 1 Â« itructure, 1 would Vi I the worst C8Be condition a. . $ h' 91 backfill by the City or the CIty'Â§ contractor to ristore the alley, fully ,*cavatid hole for the tunnel structure that Imuld require i tg/& The lotlmoted coot of this work 10 08 follows: 4, t... 4 Plic-â€¢int of 1200 cu.yd of etructural Illl 0 012/cu.yd. .lugg 4.- â€¢fic '4,..9 , : ..d.,1 k p 7/1 2 4 1 t 237 4 4 1 82*P7. Total Istlmite for all public i Improv~mints 4,1/Joi 4 4 1/â‚¬:t<..:. 41 . a "01 U .1 1 -i AB - discuiled In our meeting of July leth, It lo Intlrily posilbli that the ' diveloper will declde to place a higher level of Inprove-nts In the alloy or on the Ild-Dlk, fronting the property. From the standpoint of flnancial D , - ?21 asiurincis ho,-,er, It *eem, appropriate to provide guirantees for the standard 1.-1 of public Inprovilnts riquired or Installed by the CIty itself. You Ily wish to refer tomy littor to you of August 24, 1909 rigardIng special condition, 1 * and options with r,Bpict to public Improviments. 1 4; 1 I hope thl, litter will be ad,quate for cost ostimate purposes for the financial 1 miy provlde additional Intormition or detail regarding these cost oitimat# or a,Burance riqulruints for thi City of Aopen. Please fiel tr- to contact me If ~ dlicuss Imindmonts with you. .* 1 Aispictfully lubmittid, Â· 2,1 10*LE:EM GOFÂ©ON hEYER, IDIC. 1 . p <~4 W. â€¢--, P.E.~ 1 ,/ 0rtnclpal-Aspon Office ~ 9 0-2 r 24 JH/109101 taL AE 6-4 i .V , . *12 . 0 1 - 0326990 10/08/90 14 t 37 Ric .145.00 BK .31 PG 829 Silvia Davii, Pitkin Cnty Clerk, Doc *.00 All [)41,1%/1.p.'.1. EXHIBIT "D" .t .. Julia Mar,hall Linjâ€ž.MA,ihitrl 1 thil f )111" lin â€ž,1,1 , r. .1., .9 . 11,1 /21 1,12, .914 Â·Â·- P p ,6.34#J sull:'24. 4% 1 M.4 '41 '12> 3 OUCK ~ p 94:YÂ©7 . â€¢.1/ lA,â‚¬6CAPE OOSTESTA#TE -16> 4 4 -2, AUGUST 26,1990 **74A 421; . al#.. -*.dillu~ 9 1.7~Â·â‚¬. 1 TPEES tÂ·Crl rit.1 AÂ®In: (5) SIngle m. n 2. callp. 0 0140.00 I â€¢700.00 (5) Multi mim F callp. 0 0175.00 â€¢i *878.00 K .f i Mouâ€¢* Alh: (18) sIngle mom r callper 0 0230.00 z 04,600.00 Whi* Fir: (12) 0 8500 00 - 06,000.00 12' 4 ;1 â€¢ Womorn At- BIrch: (1.) O 0125 00 - 02,200.00 -6 4'.K' '34*ty & ' Spruce: 44) 0 8550 00 la 82,200.00 12' (5) 2- callp- 0 1225.00 0, 81,125.00 '-? Caltion.lood: U ... f TAEE TOTAL: 017,650.00 15.600 square t- 0 39*Jui loci 85.460.00 PEREA'//4/1 50 Squw, 0- 0 66 00/.qul,0 loot 0300.00 3,200 â€¢quar, Net 0 83/5/equ- toi *12,300.00 . 444.: TOPSOL= 235 cubic yardo 0 815 00/culk yard ;3,525.00 *1....4 *9,900.00 :;43 t.... rma TOTAL .40,1,8 00 1 ...r 1-442* 3-- 79 , 12 4 ./. I , 1 42.t 4 'JO. t i#ly'M - .-1. I , ... UU. ./ .'<44,-011*~2~. *326990 tO/00/9{3 14; 37 Rec *145.00 BL 631 PG 530 52 1.18 DavirÂ·. Futh r Coty Clerk, Doc 4.00 EXHIBIT "E" ~8 i ACCESSORY..0~ELLING-11MIniAI QULOEK IQWNHOUSES SUBDIESION 1.1.'' 4 1Â¥30'..1 THIS DEED RESTRICTION *5 made and given u of the day of , 199_, by HOWARD BASS and HARRIS A. CAHN (collectively 'Owners') with reference to the following: WITNESETH: WHEREAS, Owner: are the record owner of the following described real t property situate in Pitkin County, Colorado, to wit (the "Property'): Ints D, E, F, G, H, I and N, O, P, Q, R and S, 6 6. Block 112, . CITY AND TOWNSITE OF ASPEN WHEREAS, Ownen have proposed uhe construction on the Property of fourteen 1 . (14) fully self-contained dwelling units consi,ting of nine 3-bedroom and one 2-bedroom free , ' market units, and four studio Accewory Dwellin: Units. WHEREAS, punuant to the provisions of that certain Subdivision Agreement for S . Oblock Townhomes recorded in Book _ at Pages , er 34, of the Pitkin County, Colorado real property records, Owners are requhed at this time to deed restrict the Accessory Dwelling Units to be constructed within the project in the manner hereinbelow set forth. V. NOW, THEREFORE, in considention of the foreping premises, and for other good and valuable considention, the receipt, sufficiency and adequacy of which hereby re acknowledged, Owners hereby dilare, covenant and agree for themselvet, their successon, grintees and usigns, thal the following shall run with the title to the Property. *hall be a burden thercupon and shall be enforceable by the City of Aspen against anyone now or hereafter ov' lig any manner of record interest in the Property, to wit: .. 1. When constructed, the four Accessory Dwelling Units approved for the Project shall contain not less than 300 nor more than 830 square feet of net livable area [as defined by the Regulations of the Aspen/Pitkin County Housing Authority CHousing Authority")], and each AcceÂ»ory Dwelling Unit shall be attached to or constructed within one of thc remainin; wn free market residential units. 2, While occupancy of the Accessory Dwelling Units, or any of them, shall not be mandatory and there thall be no obligation on the part of the owner($) of any of the Accenory Dwelling Units to rent the unit, if any Accessory Dwelling Unit is rented: (i) the 0*ner of the principal residence within or to which the Accessory Dwelling Unit is constructed 7- or ankhed thall have the right to place a qualified employee(i), u hereinafter defined, of .uch . EL/' ,... 0 B 4. I ./ 4/ 0 ..L' i . I I . $1%VZ T~vi 61 2*Vr.*Lw: :.4 -.~ #31,Â£plESOaCE ~~WI *326990Â· t...,08/90 14:37 I.pc â€¢1 45.00 8, *31 PG 531 I ' 9,4 911Â·/1.1 Dih'.L, r.Â·itt irÂ· C.rit, {l ,Â·0 , Doc 4.rio owner's choosing in the unit, (ii) no tenancy shall be shorter in duration than lix (6) consecutive months. and (iii) the occupant(3) must be a resident of Pitkin County, Colorado, at the time of his or her qualification through the Housing Authority and/or employed in Pitkin County for a f. minimum of thirty (30) hoers per week, nine months of the year, at the time of qualificauon and b *.4 must continue to meet such res:dency, occupancy and profile requirements throughout his or her occupancy of the Accessory Dwelling Unit, The rent that may be charged for any of the . .W-J,1 1 4,4. Accenory Dâ€¢,elling Units may be whatever shall be negotiated between the owner thereof and the occupant(s), without regard to the income level of the occupant(s) or any other rental price restriction of the Housing Authority. 3. None of the Accessory Dwelling Units may be partitioned (through condominiumization or otherwise) from the principal residential dwelling uniu to or within which such Accessory Dwelling Units are attached or constructed. f 4, Neither this deed restriction nor any ofthe covenants contained herein shall - be modified, released or waived in any respect except by written instrument executed by both the Owners, or the Owners' succes,ors, grantees or alligns, and the City of Aspen, Colorado, and duly recorded in the Pitkin County, Colorado real property records. IN WITNESS WHEREOF, Owner has herminto set its hand and â€¢cal as of the 1 . day and year fint above written. OWNER: Howard Bass Harris A. Cahn STATE OF COLORADO ) ) S. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1990, by Howard Bass. WITNESS my hand and official val. My commission expires: (SEAI.) Notary Public (Notarial Clauses continued on Page 3, following) 2 .1 Sart . . I Y./ 42 . 6 1 ~ . V. 1 4 %4 r 0, e. , r. 1. .4 . 40 41"#f . .. - ,a/,C de~:,FN-~,râ€¢UU Â»326990 11-1/tic./90 14:37 Rec *145.1-,r, 1-4, 631 PG 532 Enlvia D.,v. 0, Fitt in Crity C 1 prl, Doc 4.00 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) r.1 The foregoing instrument was acknowledged before me this day of j k; r , 1990, by Harrn A. Kahn. . 2.441 '.4. r WITNESS my hand and official :cal. My commission expires: (SEAL) 1.46 Notary Public ..7 agmts\deed.res U 10 - , f ' 41 04 .JE 3 - .. . 4 â‚¬84' 4 , - 4- 9, 90 i i tri,11 1 HE ,book Z 9 Pge 8 1*. . r. . .i,r" Q.Irl .0 â€¢ , I ~" ,~.rm. - m0 m-fÂ¥ (91 (1('6 1,,i,/fill,jl'(f IBDIVISION I .-* 19 â€¢ â€¢Â·11.2Â·,* , t.-i Â· E, 1, ''0151 - / 11/7 Le : -7 14: .1.-9,7 Â¥ 14'rly ..Â·: 1 Pt-,iâ€¢ rn, 1 A ~0 0417 RE,10"1'LAL CÂ¢Â»â€¢DI-Â·w,e Â· I <UNICT M1OÂ· /79 KEDâ€¢RY ~2t~â€¢ u ari: 1/,r-, :.m... '.... â€¢/T 9, .a I 7--1~ INCÂ·,-+W : I. ... 4... .. 1 EK.In -10/30 1 Le'% O 1 ./ N . *l O. 12 Cl'~ A~,1) . Nâ€¢ 'i I , I-. P 1 ht 11 C *MÂ¥ ello~to rer m .: i _lit :+ I -, ./ 912 .4 .... r IN' â€¢ 1/ I. I (*Â· 50â€¢,â€¢DE 1:, ' I."r ,, 1.2/4 - LAS COOPIP AVE EM ~-11-nlir-go --- - - - tu "17 1.- .-I, 1 1" 1 4/ I CCUrr . w ..... 1 'AQI'OSED_ 91#0 ___ T~ FOREKI S CERT'FI ITY 'U â€¢10â€¢* rt*; / Il"U Il 7111 1 - - - -& 21.7;71grwo,4:1 .7 Mr- PROPOS,0 WALK TYPICâ€¢l .... I MAND -D O.ICI'l .AL m ...1 - r. c, 1 - -bit.ful N 75Â·09'll' / MI ac ; Â· 9 1 .1/ 1 *5*ll,â€¢2*Il ~ir*l *0<7171,1 mi 7 COLOUDO I 1 LEGEND AND NOTES i 38 TICE /0/1/7/ /trIMEZI Crrr:rICATI m Acri, rti// -10 -11 - l F ~_____Â»f -LI-h '. COUFTY Or , ITKIN ) 2 0 8 2.- zkÂ·.4Â·0-, . lim I e'â€¢, #Â· ~, *90. ~ke w VITI-1 I 111Â£ AND OFFIC!11 Illl - Ir CO-1-100 EX,I,18 0 c : P.OPOSED Bulleâ€¢6 - DEFGHIZ Imi ... 1 6 & 1.... S C-TI/!CATI I Z PrTL<ElikeFFh=J= -L_-f--1_3---1_5--4._. 3 1 &75'&,rd .2-1253:Â£-9. 99 1010 R.m. au ...m u",1 - m â€¢U ....- W .Un' 2 I W 00 MIII,UT Vi *11* 1,0 TI, PIRS,1~, I lilll* lill m iÂ·- ** 20Â¢.1 . IN ..0..... 1.U 00 1 ;0.51 un 4#*9./.461./7/f""lial"7=:. 1 1/Illill LOCITION OF Â£*RACE YO,!/All 'lle,El Al DErIZIN, IÂ» f ....1.4 - ...." Uroll :, '0041Â£â€¢T i.'jg'.or -- ALLE Y 8 l OCK 112 1 13 5, 1 pr.m wm on!.7 0, I. CÂ· rmâ€¢ â€¢11' 1200*20 Ctrl Cal/M 'I-/I./1 â€ž. C , ..09 ,1- / 1. 00 .1. -- r - &~~& HMI N N HIM V I'/ 1 iÂ¥ . 1/0- 1 Lu 14#84 4 #L 8 err, mlil- i Alllâ€¢li 8 11â€¢ 11â€¢IL Pur .1, Aâ€žI,vi= m irri -1~all Ini Ir â€¢MOPOSED .U,LOING 1 W /,,.,ALL 8,19 M N O|P 0 ' R S 6 TI -- 1 1 r--1 2 . 6 4 . 6 ; -, 4" 40.-7 3- 1- L.J- i --Ilec- ' AC--11 M FINU PUT U ACCOâ€¢TIP FOR â€¢frORD!- i l Il/Z- / ,â€žI ,! T TITLE CENT!/1/Arl I 'l' .â€¢9 Il~ I M 3252'llit-=i/AUL 20,51 8*5'5 0# RIAâ€¢,4,1 ./ - ~/Immip/AU:.vi...m"'P~/..~a/.TA,/i:.~.=..6.~.~5&~~.~.~I)/.(''.I/~~. r.l CLE~ AWD .*CORDE* b-- Ne et./l' 1 ALL LI-K w/PY nâ‚¬ /4-1,6/1/ -B. -- co p. .â€¢i VICINITY MAP AL~r~eLÂ®* ~-~1~â‚¬T~ ~~:-~~~~:,L" CE-Meant 10*n Tou I I l.e - """"a .rn, ..r /:.ANCIAL LIA,E:M.:~Ti: 34-1 rra 71IlI Ce"ni=D 112"'11 i 6.1 Jin,WATJi *,1 TITLE ,'â€¢r' 1 2 61. Rwh '1 , 52.4 0/ W. =91:; .~1Â¥ - m.!0 1 991.. Alpen ,",51:13'940â€ž,Fln: i:liflferj,er&/9,JM VI- - // - cme//1 0, cm,".,- 1-,-, 0- 1 rl; 1 ..I 3 ./ I ' EXHIBIT 3 4 1â€¢â€¢ 50Â·49' 1 00 00 EXHIBIT 4 December 31, 1992 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Charles T. Brandt of Holland & Hart to represent the Oblock Partnership in the processing of our application for subdivision/conditional use review. Mr. Brandt is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, APPLICANT'S NAME: The O'Block Partnership THE OBLOCK PARTNERSHIP ADDRESS: 400 West Main, Suite 100 i 1 A r-1---\/r Aspen, Colorado 81611 Howard Whss-j TELEPHONE: Bash Cahn Properties (303) 920-1142 /pal 10834. EXHIBIT 5 HOLLAND & HART ATTORNEYS AT LAW DENVER 600 EAST MAIN STREET TELEPHONE (303) 925-3476 DENVER TECH CENTER ASPEN, COLORADO 81611 1953 FACSIMILE (303) 925-9367 COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE JACKSON WASHINGTON, D.C. CHARLES T. BRANDT January 7, 1993 Ms. Leslie Lamont Aspen/Pitkin County Planning Office City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Disclosure of Ownership - Lots D-I and N-S, Block 112, City and Townsite of Aspen Dear Leslie: This letter will certify that I am an attorney licensed to practice in the State of Colorado and the following is a listing of the names of all owners of the referenced property, and all recorded mortgages, judgments, liens, easements, contracts and agreements affecting the parcel: Owner: Bass-Cahn Properties Developer: The O'Block Partnership Mortgages: None Easements, etc. Mineral Reservations appearing in Book 139 at page 216 Very *truly yours, a r./EL- /k - .-- Charles T. Brandt for HOLLAND & HART CTB/pal