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HomeMy WebLinkAboutcoa.lu.su.Gordon.1979 ^ i~ MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Gordon Subdivisinn - Final Plat DATE: November 5, 1979 This is the final plat review for the Gordon Subdivision. This subdivision consists of splitting a 3.086 acre tract of land into two pieces, Lot 1 would consist of 0.694 acres and Lot 2, 2.392 acres. The oroperty is located in the R-15 zone district and both parcels created would be of conforming size. At the present time, the property contains one single family residence and several out buildings. This application is exempt from the Growth Management Quota System. Section 24-10.2(d) allows for an exemption from the allotment procedures for the construction of one single family residence on a lot subdivided after the effective date of the article where the following conditi onsare met: 1. liThe tract of land which was subdivided had a pre-existing dwelling, and 2. No more than bm lots were created by the subdivision." The City Attorney, Ron Stock, has reviewed the final plat and the subdivision agreement for the Gordon Subdivision and has found the documents to be acceptable. In your packets you should find a copy of a memorandum addressed to the Planning Office from City Engineer, Dan McArthur, in which he makes the recommendation for approval. of this final plat subject to the owner/applicant correcting three conditions prior to the final plat being recorded. At this time the Planning Office recommends youri)aoproval subject to three conditions found in the City Engineer's memorandum of October 19, 1979. !",...." ~ MEMORANDUM TO: Richard Grice, Planning Office I' Eng ineer () FROM: Daniel A. McArthur, City RE: Gordon Subdivision - Final Plat DATE: October 18, 1979 After having reviewed the final subdivision plat of the above sub- division and having made a site inspection, the Engineering Depart- ment recommends the following: 1) The owner/applicant change the general utility easement from 20 feet to 30 feet on the final subdivision plat before being recorded. 2) The owner/applicant shall have Eldora Engineering Company add the following to the water line extension drawing: 1) Show all thurst blocks as required at all fittings. 2) Add the following notes at the bottom of the page: Note 1 - All operations of existing water utility valves, hydrants, etc., shall be by the City of Aspen Water De- partment personnel only. Note 2 ... Scheduling of connections to existing systems shall be coordinated and approved by City of Aspen Water Department. 3) The owner/applicant shall have Eldora Engineering Company make the following changes to the technical specifications to the Gordon Subdivision: A) Under section 2, Waterline Installation, in the fifth line, change 16" to 24". The Engineering Department recommends approval for the above sub- division subject to the owner/applicant correcting the above condi- tions under items 1,2 and 3, prior to the final plat being recorded. j,~ ~ t MEMORANDUM AUG 14 1979 ASPEN / PITKIN CO. PLANNING OFFICE TO: FRC>>f : Dave Ellis, City Engineer RichardGrice,P1annihg Office RE: Gordon Subdivision -Final Plat DATE: August 14, 1979 Attached please find final plat for the Gordon Subdivision. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, November 6, 1979. Therefore, may I please have your written comments by Monday, October 2.9, 1979. Thank 'you. .. I""'" ,~ FITZHUGH SCOTT III ATTORNEY AT LAW 117 SOUTH SPRING STREET POST OFFICE BOX 1815 ASPEN. COLORADO 81611 TEL.EPHONE (303) 92.5-12.16 August 2, 1979 Mr. Richard Grice Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Re: Gordon Subdivision Dear Richard: Enclosed is a copy of a proposed draft of a subdivision agreement for the Gordon Subdivision Final Plat proceeding~ With regards to the blank spaces concerning the estimated cost of the water installation project and initiation and/or completion date of the construction project, I am trying to ascertain what Architect Wells or Sheldon have decided with regards to the project. I recollect that we were talking about having Johnny Hyrup be the contractor, but at the moment don't know whether or not he has reviewed the plans and specifications or discussed the commencement of this part of the project, cost, etc. It seemed to me that the only items which needed treatment in the agreement had to do with the water line installation. The other conditions, such as easements, trail easements, bridge crossings and park dedication fees are covered on the final plat and/or by way of a promissory note. ' As we discussed, you are going to verify that John Young is satisfied with the legal description of the trail easement and bridge crossing in connection with the stakes thereof on the ground and then discuss with me setting up a date with City Council for a hearing on the Final Plat ~. i"'-", Richard Grice August 2, 1979 Page 2 of the Gordon Subdivision. I will wait to hear from you on these items next week. Thanks for your help and best regards. Yours very truly, C\~ Fitzh~;h ~co!t III FS/jeo enc. cc: Dave Ellis, City Engineer (with enclosure) Sheldon Gordon 1'*\ .~ ~ ",,!: r .' C' ~]""..r'rFf,',',," "'Y~, ' , ,1 I' ,~ ,~t' ':!' .~ ...... ,.}.. ~"~.:'; - " I 130 so aSllCn ~D I J: ~"". n ~- ," ~ C, E'\ "'I' t., t roO Llo ~ a <i._c,",' Ai", ti>j.::) ..... ~ l. c. 81611 ",--- 0c t . {: {if ~ f~ ;:;"'? /'" t,-I. ~ July 18, 1979 Mr. Fitzhugh Scott III P.O. Box 1815 Aspen, Colorado 81611 Re: Gordon Subdivision Agreement Dear Tam: As you requested, I am enclosing some sample documents from' earlier subdivision projects. The copied material covers primarily the recitals and the monetary guarantee for .the construction of water improvements. Depending on how the matter of trail and utility ease- ments is handled on the final plat, we may want to include some reference to granting of as-built easements in the agreement.. As is noted on the copies, some date certain needs to be established for completion of the water utility' improvements, and I would sug- gestthis fall and no later than June of next year, depending upon when the subdivision is finally approved. Typically, the longer these matters are protracted the more difficult they become for both the City and the developer. For clarity I would suggest that the sections dealing with approval of plans and inspection ~ervices be separated into two separate sections. The primary objective in terms of inspection is to receive assurances that the design engi- neer is in fact performing supervision during construction. In addi- tion to this, the City would be doing spot inspections. Finally, I would like to include the paragraph as follows: CITY ACCEPTANCE OF WATER IMPROVEMENTS: Before the City shall finally accept any water utility improvements, the subdivider shall convey all necessary easements for new facilities constructed and shall submit as-built surveys and plans to the City Engineer. All improvements shall be conveyed to the City by bill of sale subject to a one-year warranty against defects or failure. 7.'0 . '-';"~'...~'f_~p'. ",><,' ., "T':""t- . ::1 4 .~- ~''''~''~..' '..~k' _,'. .....' ~ ~;,r' ......"4:',~+-,?,.; r-- , i I --ii~"--" .. ~. i~ \~ 1 T'-' i ~ .1. ;$ , .. :r. .~. " --- ", ; /""', ,~ . Page Two He: Gordon Subdivision Agreement July 18, 1979 I feel this provides a good basis for preparing the first draft, and the only other items which may be included would be non-engi- neering items such as cash and/or land dedication, housing and/or density covenants, or other plann~ngconsiderations. Very.. truly yours, ~UtJ Dave Ellis City Engineer jk cc: Richard Grice T"'- " ...:.,.,......-. .., ~ J , 1', .f'J ' l,...........----... .. ;{ j r-"'- ':\- ! -~ 1 "1"-: f ~ I i t '(, .>'. ( ....-,....,-...-,....- .....~~ ,'-. " . '-'~.."",-.~.."'.,... ,', ... -." . '" .,. .#'~ ".. ~it:". ~ . i"" ' 1""'\ }) t. 3 ,-2.-01 {) {IO- ra- .......-.:=:-~ ~~..c C c..,...j... .''-. ~ ~L- J/'~~ 4PR::o ('~ 1P. . CiTy 1976 j ~J:I,'1GINtl:"R. ~ ~1:, r~()d ~COI o~S,,\/ -~~ SUBDIVISION AND PLANNED UNIT -----BVELOPMENT AGREEMENT CALLAHAN SUBDIVISION 4- - ....... made this day of' , 1976, by and between THE CITY OF ASPEN, COLORADO (hereinaf,ter ", sometimes called "City"), and BENEDICT LAND & CATTLE COMPANY, FREDRIC BENEDICT and FABIENNE BENED;ICT (hereinafter sometimes collectively called II the owner"), and ROBERT S. GOLDSAl1T or the assignee of Goldsamt (hereinaf~er sometimes called "the subdivider"). W'I T N E SSE T H : 'WHEREAS, the subdivider with t.Jle consent and approval of the owner has submitted to the City for approval, execution, and recordation", the final plat and development plan of a tract of land situated in the east one-half of Section 18, T. lOS, Range ~4 west of the Sixth Principal Meridian, Aspen, Colorado, designated as Callahan Subdivision (lithe platU); and WHEREAS, said Plat encompasses land located within an area , ~. <t-!' in the City zOl1E'd RR andR-15; and WHEREAS, the City has fully considered such Plat, the pro- posed development and the improvement of the land therein, and . . the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development and improve- ment of land included in the Plat; and WHEREAS, the'C~ty is willing to approve, execute, and acc~pt for recordation that Plat upon agreement of the owner and the subdivider to the matters hereinafter described, and subject to all the requirements, terms;, and cond,itibns of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations as are applicable-; and . WHEREAS, the City 'has imposed'conditions and requirements .. . in connection with its approval,' execution and acceptance for' - .. . . -. . ,,; r"'" ,~ recordation of the Plat, and that such matters are necessary to protect, promot'e, and enhance the public welfare i and WHEREAS, under the authority of Section 20-l6(c) of the ~1unicipal Code of the City, the City is entitled to assurance . that the matters hereinafter agreed to will be faithfully perf9rmed by the subdivider. , ; NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for.recordation by the City, it is . agreed as follows: Fee simple title to ~",~"""""_.=""'---"'_. -.............~ here~~ter set forth ---- Pi &i Plat and. Develop- '--_.~-,..-.-----~"- ... 1. All references A. 13 and 13-A will ~. to ,. .......... -- grant on the Plat. .'\'" . ., """"'" in fee. simple title " trolled <by , ~,a,:n:o:ther, cor,po,.,r,ation con-", con~l with the Holding . -2- Corporation d""',its or their 'assignCcs"r<~ such corpor- ation shall grant an irrevocable' n~~excluSive license to the owners of the CO!\dOmin~and homesites for // th~'ir~. The owner Shayhetain anon-eXC1USive// cost-free~ement on c~stal Lake Road for access,. ingress. and ~s~nd from Lots 11, 12 an!'l""~2~A. ownerShip of th~<{)tsi,S being retained o,/,,{he 0, w,ner. J. Ea7.rnts for tility improvem/ts and rig~,ts 'of way shal be granted to the PUbli~tilities as Plat. If J ' , 'Maintenance of theprop'rty and structures ~n- l-/ed" within the Plat shall ~(th responsibility of / the fee, sim2e title provided, however, whe ./ II' ' any ease ',ent is granJ7d with respect to or improve nt, the/cost of maintenance ;: , ' by allgrante s/6f such easements. Lake as sbownon the Plat. The Holding ,. L. I n::::~: :::v:::1:: ::~:::::nce of of not lower water level in Corporation.or a ~Olled~y or unde~ comm~n control with the Holding C,rporat~'Qn orJ.ts or the~r assJ.gnees, shall make provision fosupp1ying ~ater .tocrysta1 Lake in order to insure its use for recreational activity. 2. Subject to theconditi6ns contained in this paragraph, the subdivider s)1~ll provide for the estimated costs for construc- . ~VJ(l.l~r '04/L~~Il4tP~V4?-~;~"-+$'" 4~$ . S"C'lte~~/;!<l~ S-k.f/~ t 1. orr 0 f ~1.-Glemmon=:r-mp-l:'6 ."." len-f;-~--wh~3:-el~-4'fl el-uae-e-G-n-st-r-uc-~~-efl-lG.f... -fi<-e.>R~( Pkct o~).*, '.,' ,6owG..:~.,'5'ct.G)d(Vi'(iG\A.,vty\.c{ +M- :5,.)4fPRkw,'~~( , roads."..-u-t.J..4t.i..f.'.,.S,.,-dr..a-J.:.Rage-1fF1:P:r-ev-eme-n~S-.,-l-anElsc-a-p-:1.~ov-in'9 ~hw..{V\.Cl~ ~'ir~~{. ~[aA\..~., ... ',' Q' . ,yO pav, ng~-eqU-i.-t..ad....by-subcil-i.:vJ..de.r...,---4-the~fea1:i-onal <n"- . t.J:ail),. as-descr-ibed in t.he aqreemeni.:-be-f.:weeh' Pltkii! Cuunty and-Bened-iG-t.-s--a-na-irHg at ion-d-i:-t=:eh-eros-si"f):(jS:--t--ll:r-eugh.. ..-th.e-sub4i-v4-si~.aS--ShG~n-t-fl.e--P-l-a-e-an4--supP-1-emen~ ~~bo-ine-l'Ucl.~h:a'H-be--~:t.-r--eet.-l-ig.hti.ng . -4- .....' ....,;. ,~._..'....,... .. ',. .-....".......--.'.... .... ........~.... .,......._-~...-..........:-............... . ....~_.... -~;. :1'" ...r '...". '.. .....;,.... ........."..~ :.;IT :i; i-J'. ", ,~ ,r'\, ~ I ~ ~.~> · ' , ',' '- IJ ~ f." ~.f_L_:Lc;-iQ.n.t..._to~.,i.lJ..undnate-SUhdiJJks;i.O.n-.ro':otds~-.and-t:ra-f4:J.c---s4.-qns-to ~~ '- ~ '\) C0mp-l'y-w-i4:.-h-G.i-t-y--r~l:a'l::-:L-e-rr3"0'he installation of those improve- ,t '~~'-f..: ments sh;;tll commence in the spring of the year in which construction .J~ . . \.l "",' . 1:3 ron Lots 13, 13A orIS is to commence hereunder, or any homesites ......._~ ;S :s ~ are sold, whichever event occurs sooner, and shall be constructed ~ ~ with due diligence ther~after until comPleted~ In order to secure the performance of the construction and installation of the ,~mprovements h.erein agreed to by the subdivider and t~~ ,::t1 City, and to guarantee one hundred (7PO%) per~cent o~ the .rurrent ~' f vu;..{ v..C\ l 'N."f e It'ff-l y\, -e..e.f"'\ ~'f "f llA> r1~~ w:" J' #. estimated cost of the improvements/lagreed 'by the -City Engineer to t "t be ~,.e~1JO , the subdivide~ shall guarantee tI:rough a . 'j ~~onventional lender, or by ,sight dr~ft or letter of commitment) ~ ~ from a financially responsible lender (irrevocable until the ~J ..~ ~ IJ ~. ....:::: -.l ~ ..J &~ construction is completed) that funds of the estimated costs of I .; , construction are held by it for the account of the subdivider for, the construction and installation of improvements hereinabove described. In the event, however, that any portion of the irnprove- ments have not been installed according to the conditions contai~ed ;. herein, then, and in ,that event, the City may have such remaining work and improvements completed by such means and in such manner, by contract wh:h or without public letting, or otherwise, as it may deem advisable, . and the lender agrees to reimburse the City out of the funds held by it for the account of the ',subdivider for the City's costs incurred in completing said work and improve- ments; provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, less those amounts previously paid and approved by the City/by reason of default of the subdivider .. in the performa.nce of the terms, conditions, and covenants con-, tained in this paragraph 2. However, t:he City waives no right, to claim full compliance with the improvements required in ex- cess of the estimated costs. From time to time as work to be perf<?r~edand improvements to be constructed herein progress, ., t:.hesubdivider may request tn.e: t t~e ~1k.~L City Engineer ." . ~ .inspect such wo:t:':lc and improvements as are completed and may submit to City the costs of stJch completed work and improvements. -5- ",...." ,~ ~ When the City Engineer is satisfied that such work and improve- ments as are required by the subdivider to, be completed in fact, have been completed in accordan~e with the t~rms hereof, the City Engineer will submit to the lender itsstatementtha...t it. has"no objection to the release by the Guarantor of so much of the above-specified funds as is'necessary to pay the costs of, work performed and improvements installed pursuant to th~ . terms of this Agreement, except that ten'(IO%) percent o~ the estimated cost shall be withheld by the lender until all pro- pos~d improvements are completed and approved by the City Engi~eer. I '~ubdi vidershall prepare'-" ,and be responsible for the ~ \;.- preparation of engineering plans" specifications, and construction ~~~~~ drawings for all improvements included in Paragraph 2 above. These ~~. ~ plans and specifications shall be submitted to the City Engineer , 'by the Subdivider. <~~s,~ .e,~ r;0>- ~~ - () ~,j;;nfIJ all necessary engineering and/or surveying services in con- , , q 1/((1 skat" S4V~l{.k' " ,jU!lctiO,? with t.h, e constfuc~ion pf S~,i.d~~~:;.p:ements}\ _The Ci1:Y, , . ~~ Qh. bV'R-t,\'lU-r {t')'l.fiY 1= w/VVI.~R.~'(- O'fC--t.'A-rbv.e..~,"" $.:$ ~'-1.C~ ~d- -s t.~ ~'-1'V1!'-e.4o', , (J Engineer~ ~t shall be notified/\p;cior t.o th~ commencement tM-C\,~ {hG-V'; kef, , , ' IOttCty'(,' , , Oof construction.ee--t~ tIle ~~"n'~~~~~~'R~~:n~. and shall be approved prior to the commencement" of any construction . H::'Iu.:",,\~ +k Subdivider shall also be responsible for ~~~ ~ , ~. ,"'- '3. Site Data bulation (see Exhibit "A" attached herE~to by is reference.) / line the RiV~ Ditch rubb/.tzed material '1::0 and 9 . If U . divider finds that: '. and incorporated 4. for the full 8 and e rubberized materia.l is not fer b~e, feasible alternative be used, provided the su divider shall e best efforts enter the area of . .. qr recreational facilities 5. The rees, for himself and his authorize any vehicular traffic and assigns, that -'6- ,,~ '. ,.' ~ " /' '--.- ("', ~ THOMAS WELLS & ASSOCIATES ARCHITECTS I ')1 :, I ! lX 1\'_1" ,\' ,I'! 'i )l<(d);; !-',ll .11 i If" ~ .- J;'~:> / HI/ June 22, 1979 Mr. Sheldon Gordon Phillip Lyon, Gordon & Co. 1801 Century Park East Suite 1400 Los Angeles, California 90067 Re: Aspen Subdivision Bridge Location Dear Sheldon: I am enclosing the survey I asked Jim Reser to prepare indicating all existing site features and dwelling locations, together with the trail as staked out by Dave Ellis, Richard Grice, Jolm Young, and myself. Initially the location seemed alright on the ground, but when placed on a map to see if it was the best location for all three house sites concerned, it became very clear that it was not. I am sure you would like to avoid a disagreement with the City, but Dave Ellis' term "mutually agreeable location" is obviously yet to be agreed upon. .. Please let me know your reaction and I will arrange another meeting with the parties concerned. Very truly yours, ~ Thomas O. Wells Enclosure cc: Jolm Young (encl.) Richard Grice (encl.) 1"". MEMORANDUM TO: RICHARD GRICE, PLANNING OFFICE FROM: DATE: RE: BOB JACOBS, FI RE MARSHAL <S 9' March 20, 1979 Gordon Subdivision Preliminary Plat ,..-..., The proposed addition of a fire hydrant noted on the revised preliminary plat will substantially increase fire protection potential for th~s subdivision, but the revised plat still lacks specific fire lanes and emergency access easements re- quested in original memo from this office of February 12, 1979. jk ,~, /.-...., MEMORANDUM TO: Dave Ell is, City Engi neer John Young, Trails Director Fritz Benedict, PCPA Trai ls Committee FROM: Richard Grice, Planning Office RE: Gordon Subdivision, Final Plat DATE: March 6, 1979 Attached is the Final Plat for the Gordon Subdivision. May I please have your corrnnents or approval no later than Tuesday, March 20, 1979 so that I may present this Final Plat to the Aspen City Council at their regularly scheduled meeting on Monday, March 26, 1979. If you cannot meet this deadline, please contact me imnediately at 925-2020,ext. 223. Thank you. i/t"" '_,' -"" 1"", I"""'" FITZHUGH SCOTT III ATTORNEY AT L.AW 117 SOUTH SPRING STREET POST OFFICE BOX 1815 ASPEN. COL.ORADO 81611 TELEPHONE (303) 925.1216 March 2, 1979 Mr. Richard Grice Aspen/Pitkin Planning Office (hand delivered) Re: Gordon Subdivision Dear Richard: Enclosed is my check for $6.00 for Final Plat fee together with 4 prints of Final Plat of Gordon Subdivision. Would you please consider setting the matter for City Council meeting on Monday, March 26, 1979? I'll be in touch. Let me know if you have any suggestions or requests. Yours very tr~ly, ~ . Fit'h~cott III FS/jeo enc. P.S. Would you let me know what your thoughts and/or procedures are on Subdivision Agreement? (' f""'. 1""\ MEMORANDUM TO: Aspen Planning and Zoning Corrmission FROM: Planning Office, Richard Grice RE: Gordon Subdivision - Preliminary Plat DATE: February 15, 1979 This is a public hearing to review the preliminary plat submission for the Gordon Subdivision. This subdivision received conceptual approval from the Aspen City Council on January 8, 1979. Council approved the conceptual stage subject to the resolution of the fOllowing problems prior to preliminary plat review: 1. Trail easement to be dedicated to the satisfaction of John Young, Tra i 1 s Oi re.ctor and the Ci ty Eng i neer, and 2. The shed which is located on the property line is to be removed, and 3. Park dedication fee will be required prior to the issuance of additional building permits, and 4. Satisfaction of the concerns expressed by City Engineering. The preliminary application was referred to ten local reviewing agencies. We have received no negative comments severe enough to result in the denial of this subdivision. Referrals of significant relevance are summarized as follows: 1. Mountain Bell has reviewed the submission and found the utility easements to be satisfactory as shown. However, they did request specific phraseology to be used in the dedication of easements within the subdivision. This phraseology suggested in a letter to the Planning Office dated February 2, 1979, should be used on the final plat. 2. Bob Jacobs, Fire Marshall, requests that a fire hydrant be installed near the east property line of the Gordon Subdivision in the area of the division line between Lots 17 and 18 of the Riverside Subdivision. This request is made pursuant to Section 20-17(e), Utilities, (3), of the Aspen Municipal Code. In addition, Bob requests access easements be widened to 20' in width in accordance with Section 20-17(b), Easements, (6), of the Aspen Municipal Code. Bob's memo to the Planning Office of February 12, 1979 is attached for your review. 3. The attached meroorandum from Dave Ellis, City Engineer, notes that there are some items missing from the preliminary plat which are required by the Aspen Municipal Code. The Engineering Department's feelings are that it would be more efficient in the long run if the public hearing scheduled for February 20, 1979 be tabled to a date certai n toa 11 ow the Engineeri ng Department and the applicant time to clarify and resolve the itemized concerns. In the event the Planning and Zoning Commission wishes to proceed with the Public Hearing as scheduled, Engineering recommends that any approval be conditioned upon the resolution of items listed in their memorandum to the Planning Office of February 12, 1979. This memo is attached for your review. 4. John Young has reviewed the plat and finds the trail and bridge easement adequate as shown. He has requested the opportunity to review the final plat in the spring when a more careful site inspection will be possible. . The Planning Office suggests that you simply condition your preliminary plat approval upon the satisfaction of the concerns expressed by Bob Jacobs, Dave Ellis and Mountain Bell. "" r"-"" M E M 0 RAN DUM TO: RICHARD GRICE PLANNING OFFICE FROM: BOB JACOBS FIRE MARSHAL (b~ DATE: February 12, 1979 RE: Gordon Subdivision Preliminary Plat After careful study of the preliminary plat prepared by Alpine Surveys and a visual inspection of the proposed subdivision, I would encourage the owners and subdividers to install a fire hy- drant near the east property line in the area of the division line between Lots 17 and 18 of the Riverside Subdivision. The Aspen Municipal Code, Section 20-l7(e), Utilities,(3), statesthat fire hydrants shall be spaced no farther apart than five hundred feet in single-family and duplex residential areas. I believe the intent of this section is to limit the distance for fire-emergency water hose lays to no more than two hundred fifty feet. Lot #1 should be adequately served by fire hydrant number 242, located approximately one hundred seventy five feet north of Lot 1 near the access easement. The nearest fire hydrant to Lot 2 is located some four hundred plus feet from the southeast access easement and could be a problem in time of emergency. AMC, Section 20-l7(b) Easements. (6) HF1re lanes and emergency access easements twenty (20) feet in width shall be provided where required by the ci tyfire marshal, '.' applys to this location and this mini- mum width or more must be. maintained clear of snow or obstructions for emergency access at all times. Additional recommendations may be necessary when exact locations, size, and type construction of proposed building is received by this office. cc: Dave Ellis '" '.. ~. ~ M E M 0 RAN DUM TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS ~ CITY ENGINEER .(.....-- DATE: February 12, 1979 RE: Gordon Subdivision - Preliminary Review After our initial review of this preliminary plat the engineering department finds that there are still several items which we would like to look at in greater detail before proceeding to the final ~tage. The primary concerns are in regard to the relative location of existing and proposed utility easements as well as the location of the common boundary between the Gordon and the Riverside Subdi- visions. There are also numerous other specific deficiencies which should be corrected prior to the preliminary plat approval. For these reasons, it is the engineering department's feelings that it would be most efficient in the long run if the public hearing sched- uled for February 20 were tabled to a date certain to allow the engineering department and the applicant to clarify and resolve those concerns which are listed below. The following are items which are of concern to us at this time: 1) The common boundary between Riverside and Gordon Sub- divisions does not appear to be the same legal description, although we feel it is the intent for them to coincide. 2) The drawn boundary description includes an extra call from the point of beginning to the true point of begin- ning which is not included in the written description. There is also an interior lot dimension missing on Lot 2. 3) The easement serving Lot 1 should be indicated as both an access and utility easement, and the fifteen foot dimension should be indicated. 4) The sewer easement in the southeasterly corner of Lot 2 should be identified by Book and Page, and a clarification of the location is needed since it is not the, same as the legal description. 5) There is a discrepancy between the legal description and the plat location of the sewer easement described in Book 249 at page 596. / lit '1 .. ,1""""\ r\ Page Two Re: Gordon Subidivsion - Preliminary Review February 12, 1979 6) It will be necessary to show the locations of the existing utilities relative to the platted lots and easements. This should include, in addition to water and sewer, gas, electric, telephone and cable TV, if any. 7) The ditch which passes through Lots 1 and 2 should be identified as the Riverside Ditch and a centerline descrip- tion should be provided on the plat in a fashion similar to the Callahan Subdivision. 8) A water and general utility easement will be required to connect all the way from the northerly access and utility easement to the southerly access and utility easement in the Callahan Subdivision. The exact location of the water line and general utility easement will depend somewhat on the existing sewer location. The greater easement require- ment will be for water, and this will require twenty feet from the centerline of the existing sewer. 9) As shown, it would appear that the trail easement is prob- ably not useable due to both proximity to the edge of the river and the steep embankment. This is rather difficult to fully ascertain at this time due to the weather condi- tions; however, it seems prudent to show the approximate trail alignment further east. In the past the st,andard permanent trail easement width has been fifteen feet, and we feel that this is more reasonable than twelve feet because of the cut and fill which would be required ona thirty percent cross slope. We also note that there is a possible conflict in the noted restrictions for the trail and bridge ~ i.e., some notes indicate for pedestrian and bicycle use only and others indicate for non-motorized use. Since the engineering department was not actively involved in the earlier discussions on this trail alignment, we would like to have some verification from the County Trails Coordinator so that we can assure that the proper alignment and wording is on the final plat. Should the Planning and Zoning Commission wish to proceed with the public hearing as scheduled, we would recommend that any approval be conditioned upon the resolution of the above items. jk cc: Tam Scott ../ ....""'; '~'i_'!? .1""""'\ ,~ @ Mountain Bell J. C. Kilmer , SR/WA Right-of-Way Agent PO, Box 2688 Grand Junction, Colorado 81501 Phone (303) 243-8011 February 2, 1979 Richard Grice Planning Office 130 South Galena Aspen, CO 81611 Re: Gordon Subdivision Preliminary Plat Dear Mr. Grice, We have reviewed the preliminary plat of Gordon Subdivision and found the Utility Easements to be satisfactory as shown. May we suggest the following phraseology be used in the dedication of easements within said subdivision. "And hereby dedicate to the public all the streets, avenues and roads as shown on the accompanying plat, forever, and dedicate to the UTILITIES those portions of real property which are labeled as utility easements on the accompanying plat, as easements for the installation and mainte- nance of utilities and drainage facilities, including, but not limited to, electric lines, gas lines, telephone lines; together with the right to trim interfering trees and brush; together with the perpetual right of ingress and egress for installation, maintenance and replacement of such lines; said easements and rights shall be utilized in a reasonable and prudent manner." We believe all preliminary, as well as final plats, should show the dedi- cation or reference to the particular "Protective Covenants" which will run with the property. Also, all "Private Roads" should be dedicated to the utilities for the installation, maintenance and operation of gas, lights, power and telephone lines. No easements should be dedicated to the property owner, cities or counties exclusively; all easements should be dedicated to the utility companies. ~, i~ ~. @ Richard Grice February 2, 1979 Page 2 We appreciate the opportunity of being able to review this plat. Very truly yours, ~".,-~. ,'//:'. ' ',' ~ ,./ /" J.C. Kilmer, SR/WA Right-of-Way Agent cc: Sheldon Gordon Jack & Jan Van Horn Thomas Wells & Associates Alpine Surveys Pitkin County Commissioner Bill McDaniel, Mountain Bell Nick Marquez, Mountain Bell JCK/jlh ~ i~ MEMORANDUM TO: DaveEllis~ City Engineer Jim Markalunas~ Water Department Jim Holland, Parks Department Bob Jacobs~ Fire Marshall t-5'togie Maddalone~ Electric Department Rocky Mountain Natural Gas Mountain Bell School District RE-l HolY Cross Electric Asspciation HeikoKuhne ~ Aspen Metropolitan Sanitation Di stri ct FROM: Richard Grice~ Planning Office RE: Gordon Subdivision Preliminary Plat DATE: January 25~ 1979 The attached preliminary plat has been submitted for your review of the Gordon Subdivision. This item is tentatively scheduled for review by the City Planning and Zoning Commission at their regular meeting on February20~ 1979. In order to make this date~ we will need your written comments returned to the Planning Office no:'.later than Febr ary 13~ 1979. ,1"""\ ,~ MEMORANDUM TO: Dave Elli s, Ci ty Engi neer Jim Markalunas, Water Department Jim Holland, Parks Department Bob Jacobs, Fire Marshall S!QgieMaddalone, Electric Department vRockY Mountain Natural Gas Mountain Bell School District RE-l Holy Cross Electric Asspciation Heiko Kuhne, Aspen~1etropolitan Sanitation District FROM: Richard Grice, Planning Office RE: Gordon Subdivision Preliminary Plat DATE: January 25,1979 The attached preliminary plat has been submitted for your review of the Gordon Subdivision. This item is tentatively scheduled for review by the City Planning and Zoning Commission at their regular meeting on February 20, 1979. In order to make this date, we will need your written conments returned to the Planning Office no:later than February 13, 1979. Thank you very much. c)~~.~~~"~'~ t2-r-e?(' , \ I"'" I~ MEMORANDUM TO: Dave Ellis, City Engineer Jim Markalunas, Water Department Jim Holland, Parks Department Bob Jacobs, Fire Marshall Stogie,Maddalone, Electric Department Rocky Mountain Natural Gas Mountain Bell School District RE-l Holy Cross 'Electric Asspciatfon ~i ko Kuhne, Aspen Metropol i tan Sanitati on Di stri ct FROM: Richard Grice, Planning Office RE: Gordon Subdivision Preliminary Plat DATE: January 25, 1979 'The attached preliminary plat has been submitted for your review of the Gordon Subdivision. This item is tentatively scheduled for review by the City Planning and Zoning Commission at their regular meeting on February 20, 1979. In order to make this date, we will need your written cOlTments returned to the Pl anning Office no '.1 <iter than February 13, 1979. Thank you very much. fHF/te- j../ I t- '- I'J/~ pJ PPtRO/3 Le '7 /.t-/ S.f'l:1.-V i c:." __ Co -rH I S S' v ~ l:;) I ....., S ~ fJ II.- ~~ AHJ D /f~ ~ ... .. --... i ~ pLv ~. FEE SCHEDULE (C i ty) Name of Project: Address: Applicant's Name: ~ilH!~f~ '!UK. CS-Ld"I"t- Phone: <=tZ~-- t~.G:, i Applicant's Address: '""BO't: l<llt";, ~sP'N Amount of Payment: 't'-l- l Date:-4' 9j:J. q C/..<<k M..-. 8'+:1. Gb t< Do N Su e,t>' v ~ ~ I o"-.} FOR ZONES.WHICH ARE R-15, R-30, R-40~ RR and CONSERV1HION, the Subdivision Fee Formula is as follows: Conceptual $100 + $5.00/dwelling unit Qreliminary ~ $22.00/dwelling unit "(Fina!-) $3.00/dwelling unit FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows: A ' ' ?A,O tP1fflJ,/rr " ..~ -I- t,. t;Y!J L"'" ,.:;. - Conceptual Preliminary Final $10Q + $60.00/acre of land $280.00/acre of land $35.00/acre of land EXEMPTION FROM THE DEFINITION OF SUBDIVISION fEE: $50.00 REZONING APPLICATION FEE: $125.00 (once a year) CONDITIONAL USE: $20.00 II 1"""\ ,~ ~. !f MEMORANDUM TO: Aspen Ci ty Counci 1 FROM: Planning Office, Richard Grice RE: Gordon Subdivision-Conceptual DATE: December 14, 1978 The attached application requests conceptual approval for the lot-split subdivision to be called the Gordon Subdivision." The proposed subdivision will consist of two single family lots, one of which is to be 0.691 acres and the other 2.392 acres in size. At the present time, the property contains one single family residence and several out buildings. This application is exempt from the Growth Management Quota System. Section 24-10.2, subsection d allows for an exemption from the allotment procedures for the construction of one single family residence on a lot subdivided after the effective date of the article where the following conditions are met: 1. The tract of land which was subdivided had a pre-existing dwelling, and 2. No more than two lots were created by the subdivision. The property is zoned R-15 P.U.D. The Planning and Zoning Commission granted an exemption from mandatory P.U.D. feeling that the proposed development meets the objectives of Planned Unit Development and therefore, compliance with the article would not be necessary. Each of the two lots proposed will be of at least standard size, no common area is proposed and no further P.U.D. purposes as stated in Section 24-8.1 would be served by requiring the full procedure for the two lot subdivision where one house is already built. Jim Markalunas of the Water Department has commented that as long as the 611 water line on Riverside Avenue and the 811 water line of the Callahan Subdivision are looped as shown on the plat, Jim has no problem with this proposal.' Heiko Kuhn has commented that Aspen Metro and Sanitation has the line capacity and plant capacity to serve this subdivision, however, they may lack gravity flow on lot 2 and the owners may have to install a pumping system. -,.,,",;;,;"-:^-~_.' -. John Young has reviewed the plat with regard to trails alignment and comments that there should be an additional trail easement crossing the property in an east to west fashion. John requests that future submissions reflect this additional trail and that language appear on future plats as follows: liDo hereby agree to grant to the City of Aspen for public trail purposes as built trail easements closely approximating the location of the twenty (20) foot trail easements as shown and noted hereon. The as built trail easement shall be twenty (20) feet wide, being ten (10) feet on each side of the center line of the final improvement. This grant of trail easement shall be for non-motorized uses only, except for motorized construction and maintenance vehicles. Final exact placement of the trail shall be determined by the Pitkin County Trails Di rector. II Dave Ellis has reviewed this application and initially noted several engineering concerns. The applicant has satisfactorily responded to those comments made by Engineering at the P and Z review. The Engineering Department will not have any additional comments until the preliminary plat phase. !l!E' ~ ..~ .. # ~ The Council will recall several different development proposals having been presented in the past for this parcel of land. All.of the previous proposals have had one common problem which has been inadequate access for the proposed density. After having reviewed this current proposal, the Engineering Department and the Planning Department feel that the two single family lots is in keeping with the level of access which can be provided. . We recommend you approve this conceptual subdivision subject to the conditions suggested by the Planning and Zoning Commission. The Planning and Zoning Commission reviewed this application at their regular meeting on December 5,1978. At that time, they recommended you approve the Gordon Subdivision conceptually subject to the resolution of the following conditions: 10 Trail easements to be dedicated to the sati sfaction of John Young and City Engineer prior to preliminary plat submission, and 2. The shed which is located on the property line is to be removed, and 3. The park dedication fee will be required prior to issuance of additional building permits, and 4. Satisfaction of the concerns expressed by City Engineering (note: applicant has satisfactorily responded to those concerns). ~.... C"':'"" . -."- --:.... .... -.. .~.:.~.. . '>'-, - ~ ~ MEMO RAN DUM ... ~ TO: Aspen Planning and Zoning Commission F,ROM: Planning Office, Richard Grice RE: Gordon Subdivision - Conceptual DATE: November 29, 1978 The attached application requests conceptual approval for the lot - split subdivision to be called the Gordon Subdivision. The proposed subdivision will consist of two single family lots one of which is to be 0.691 acres and the other 2.392 acres in size. At the present time, the property contains one single family residence and several out buildings. This application is exempt from theGrQwthr~anagement Quota System. Section 24 - 10.2 (D) allows for an exemption from the allotment procedures for the construction of one single family residence on a lot subdivided after the effective date of the article where the following conditions are met: 1. The tract of land which was subdivided had a pre-existing dwelling, and 2. No more than two lots were created by the subdivision. This property is zoned R-15 PUD. We would recommend an exemption from PUD since both lots proposed would be of at lea.st standard size, no common area is pro- posed, and no further PUB purposes as stated in 24 - 8.1 would be served by requiring the full procedure for a two lot subdivision where one house is already built. The commission will recall several different development proposals havi'og been presented in the past for this parcel of land. All of the previous proposals have had one common problem which has been inadequate access for the proposed density. After having reviewed this current proposal, the engineering depart- mentand the planning department feel that two single family lots is in keeping with the level of access which can be provided. Dave Ellis has noted several engineering concerns. "In reviewing the title committment on the property, we discovered that copies of several documents and exi bi ts referring to easements and access were not submi tted. These include Book ~ :;!g::q~6 Book 350, Page 450; ,BOOk 351 , Page 146; and the exibit to Boo - _Q_ __Q_ __9 In addition, we need a clarification of the exibit with Book 316, Page 961. At the time of prelimary plat revie\'i, we \'Iill need to have the scope and use of the prescriptive easement through the Kasel ic property qualified. From rev; ews of earlier proposal s, we would anticipate that there are no significant problems with any of these easements, and the engineering department recommends conceptual approvalat'thistime." The planning office r.ecommends conceptual approval of the Gordon Subdivision subject to the resolution of specific engineering concerns tn the preliminary plat phase. A park dedication fee will be required prior to the issuanCe of any building permit. rh+ ,-\,. \, tA~Jr)\O~+~ -\e. ''"3'O~N yo~~, ~ C \.\. Y "V \ ..+$ \A '0,", i s.s.~ ~ bt.d.t.d ttCt~ed. -+osttf; -t~c~..i i C\~,t a~i~"..t. P' '~R. ."'.,+O,'~At'ilh\.N4_) ~ C>~ P~fUL{y \l,J...N... .-\e · JL "4 I ~lt P- M Cbl--l e.t. It N-S .~....~Y\kb ., . ~CAlL~ ~~1lo>v. W-Qo W \ l \ ~ ~~ 6-'411J~r(' (j(' -te Glt, r ~ -..:.:. ~ 1"""'\ M E MaR AND U M TO: RICHARD GRICE PLANNING DAVE ELLIS ~~ CITY ENGINEER~l-- FROM: DATE: November 28, 1978 RE: Gordon Subdivision - Conceptual Review Over a period of years several different development proposals have been presented for this parcel of land, All of the previous proposals have had one common problem which has been inadequate access for the proposed density. After reviewing this current proposal, the engineering department feels that the two single-fam- ily lots is in keep~rig with the level of access which can be pro- vided. In reviewing the title commitment on the property, we discovered that copies of several documents and exhibits referring to easements and access were not submitted. These include Book 249, Page 596; Book 350, Page 450: Book 351, Page 146; and the exhibit to Book 309, Page 165. In addition, we need a clarification of the exhibit with Book 316, Page 961. At the time of preliminary plat review, we will need to have the scope and use of the pre- scriptive easement through the Kastelic property qualified. From reviews of earlier proposals, we would anticipate that there are no significant problems with any of these easements, and the engi- neering department recommends conceptual approval at this time. jk I~ ~ M E M 0 RAN 0 U M The attached application requests conceptual approval for a lot split on 1 and \1hich you have each previ ously reviewed for the si x unit Van Horn Subdivision under Gro\'/th Management. The impacts are obviously less than in the previous proposal. The item is tentatively scheduled for P&Zreview on December 5. Written comments should be returned to the Planning Office no later than Tuesday, November 28, 1978. Sb~~'TL G ~-~ ~~_h I ~ CMI..J..,j )./';tS ~(J.J.4).' ~ ~ ~ l>>~ L }Ja r~ UJ ,v-t &J eM- vJ) ~. ~~ ~~ #~d ( II 1/ ;- ~ tOtJ..f, (/A/fre. c.dA/::PcI) - ...'" ,... ' -~ --. / II r;'). , . I .. ~ J>' 1/ o . J0 tlRe...O~j) p', C!; fJ ' ,. I (}IJ 141)) N -, I"". i~ M E M 0 RAN DUM TO: Da ve Ell is, Engi neeri ng Department Jim Markelunas, Water Department Heiko Kuhn, Aspen Metro & Sanitation FROM: Richard Grice, Planning Office RE: Gordon/Van Horn Subqivision - Conceptual Lot Split DATE: November 10, 1978 The attached application requests conceptual approval for a lot split on land which you have each previously reviewed for the six unit Van Horn Subdivision under Growth Management. The impacts are obviously less than in the previous proposal. The item is tentatively scheduled for P&Z review on December 5. Written comments should be returned to the Planning Office no later than Tuesday, November 28, 1978. f- I C/+4'p.~ tC: ii.... i c:...1'~ I J.,./e- /-Ift ~~~ ..,.. Ii ,c L/ ;:""e C /t Pit- c: ~ r- 7 A- tf'- I) r t::../f- -7" tit- eItC~T'7 TIJ .s ~ /C.. '-'e TN, S s V~ 0/....., St'~_ , -r /f I!:: y /'7/+- y .l-A (..../~ dl Jl..A v t ,-1 P ~ 0:3 ..- 0;- '-01 IT A -"-I:) 1'rle o""'",I-G:."'-...J HA ~ 11 A-,.....e '(.J I ,..,...... 1".11 L.... jJt... ~, v "1' "''' _ &" oS YS 1'-@;C7" ~ /:1- /1175 l) /1 ~~'Z. . -*00'0 "! i~ ~ FITZHUGH SCOTT III ATTORNEY AT LAW 117 SOUTH SPRING STREET POST OFFICE BOX 1815 ASPEN. COLORADO 81611 TELEPHONE (303) 925-1216 November 9, 1978 Mr. Richard Grice Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Gordon Subdivision Dear Richard: As discussed, I am transmitting 10 copies of the Conceptual Presentation, Conceptual Plat and attendant materials (see list of enclosures) in the above matter, together with filing fee in the amount of $110.00 payable to the City of Aspen via my law office check No. 850 dated 11/9/78. I understand that you have set this matter for a first hearing date with Aspen P & Z at its regular meeting on Tuesday, December 5, 1978 at 5:00 P.M. or later. Please let me know if you need anything else from us at this time. Yours very truly, ~cott III FS/jeo enc. cc: Sheldon Gordon Albert Kern, Esq. Enclosures: 10 copies of: Conceptual Presentation Conceptual Plat Ginsberg-Gordon deed; Decree in Quiet Title Action; Agreement (re Goldsamt road easement); Stipulation (re "Kastilic road easement); Easements (reciprocal road and utility easements) Page 1 - Stewart Title Title Insurance Commitment ~ \ ~ Alpine Surveys PosfOffice Box 1730 Aspen, Colorado 81611 303 925 2688 November 9, 1978 Property Own.ers Adjacent to Gordon Subdivision Elizabeth Marie Jones P. O. Box P Aspen, Colorado 81611 Norma J. McLain P. O. Box 832 Aspen, Colorado 81611 Ben C. Deane 500 Newport Center Drive Newport Beach, California 92660 Andrew V. Hecht, Trustee 601 E. Hyman Suite 201 Aspen, Colorado 81611 Marvin M & Laura D. Durrenberger Box 1072 Aspen, Colorado 81611 Edna Tranier 1202 DWestlake Blvd. Westlake Village, Califoln'lia 91360 Ericka Grob (Now Mrs. Robert Murray) 21 Flint St. Salem, Massachusetts 01970 StephenA. & Phyllis S. Smi1ack P. O. Box 702 BaSalt, Colorado 81621 Patricia Maddalone P. O. Box 40 Aspen, Colorado 81611 T~ustee for Marie Fabienne Benedict Trust , .G 1"\ ~ CONCEPTUAL PRESENTATION TO CITY OF ASPEN PLANNING COMMISSION FOR THE GORDON SUBDIVISION This presentation is made pursuant to the Aspen Subdivision Regulations (Chapter 20) for and on behalf of Sheldon Gordon and Jack E. Van Horn, Jr. and Jane E. Van Horn (applicants/subdividers) for the Gordon Subdivision. The name of the proposed subdivision is the GORDON SUBDIVISION. The names, addresses and telephone numbers of the applicants/subdividers are as follows: Sheldon Gordon 1801 Century Park East Los Angeles, California 90067 213-277-8101 Jack E. Van Horn, Jr. and Jane E. Van Horn P. O. Box 1585 Aspen, Colorado 81611 303-925-1585 or 1172 Aparrel Mart 2300 Stemnons Freeway Dallas, Texas 75207 Gordon and the Van Horns each own an undivided 50% interest in and to the real property, which is the subject of this presentation. Gordon and the Van Horns have entered into their Purchase and Sale Agreement, dated September 8, 1978, which provides for the purchase by Gordon ~~ " ~., i""""' -2- ,~ ~ -3- '" It ,~ ,~, (b) The plat shows proposed pedestrian bike trail as shown on City Trail System map. (c) The plat shows standard flood plain line. There are no other natural hazard areas, geolo- gical or soil stability or any other matters referred to in the Aspen Subdivision Regulations, which are known to applicants/subdividers or which pertain hereto. Applicants/subdividers state that to the best of their information and belief this proposed subdivision plan is reasonable and in full conformity with the design require- ments of the Aspen Subdivision Regulations, will have no adverse effects upon surrounding or adjacent areas and in all other respects complies with the intents and purposes of the Aspen Subdivision Regulations. Respectfully submitted, ~o~~ ~ Attorney for Sheldon M. P. O. Box 1815 Aspen, Colorado 81611 (303) 925-1216 Gordon AID r for Van Horns P. O. Box 389 Aspen, Colorado 81611 (303) 925-7411 -4- .. ~ 1"""", I~ VERIFICATION OF OWNER AS TO GORDON SUBDIVISION CONCEPTUAL PRESENTATION The undersigned states under oath that he has read the subject Conceptual Presentation for the Gordon Subdivision, has reviewed the accompanying Alpine Survey subdivision maps or plats, knows the contents thereof and that the same are true and correct to the best of his information and belief. ,. .f I STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) The fo~~going inst;uwent was/~?knowledged before IDe this 7~ day of '7~~ , 1978 by Sheldon M. Gordon. Witness my hand and official seal. My Commission expires: 1JtCUV. 17, /9'0 . ~t1 W~ Notary Public OFFICIAL SEAL ANN B. WINKLER ~ NOTARY PUBLIC" CALIFORNIA LOS ANGELES COUN'N My comm. expires M!\R 17. 1!~80 1"\ J . \...-( ~, [ .. "",".'.y--,,,-::.~---~--.,..''''''''''''''''~~'~'' SCHEDULE A Order Number: 8024 Commitment Number: CC79642 1. Effective date: May 31, 1978 at 8:00 A.M. 2, Policy or Policies to be issued: Amount of Insurance Premium A. ALTA Owner's Policy Proposed Insured: $158,016.53 $256.87 SHELDON M. GORDON B. ALTA Loan Policy Proposed Insured: $ c. sTax Certificate $5.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: JACK E. VAN HORN, JR. and JANE E. VAN HORN, as to an undivided one-half interest; and RUEBEN M. GINSBERG, Trustee, as to an.. undivided one-half interest. (see Exception No. 14) 4. The land ,referred to in this commitment is described as follows: An undivided one-half interest in and to: A parcel of land being part of RIVERSIDE PLACER MS 3905 AM andT~~ct B Aspen Townsite Addition, Section 18 Township 10 South, Range 84 West of the Sixth Principal Meridian described as follows: Connnencing at the center West. cOrner of Lot 14, Block 1 RIVERSIDE SUBDIVISION Book 2A, page 179, being 154.48 feet South 33033' East from corner 8 of Riverside Placer MS 3905 AM (Corner 8/3905AM) (A 1954 Bureau of Land Management Brass Cap) thence North 87042' West 8.77 feet to a point whence Corner 9 of the Riverside Placer MS 3905 AM (a sandstone rock corner in place) bears South 04001' West 1096.45 feet and the true point of beginning; thence South 21041' East 131.20 feet; thence South 08030' West 115.30 feet; thence South 39037' West 21.85 feet; thence South 41011' East 152.60 feet; thence West 194.52 feet to line 8-9 Riverside Placer MS 3905 AM, thence South 458 feet along line 8-9 Riverside Placer to the center of the Roaring Fork River; thence Norther1ycalong the center of the Roaring Fork River being the approximate centerline courses as follows: North 36035' West 135 feet: North 01040' East 156 feet, North 23015" West 222 feet, North 15035' East 204 feet, North 19048' West 177.44 feet to a point on the North line of property described. in Deed recorded April 23, 1974 in Book 286 at page 406; thence along said North line South 89035' East 177.02 feet and South 87042' East 76.60 feet to the True Point of Beginning, Coun~y of Pitkin, State of Colorado. Page 2 STEWART TITLE GUARANTY COMPANY 406002 '!t.t A ~;."'\",,:. !"", .~ MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Gordon Subdivision-Conceptual DATE: January 4, 1978 The attached application which was tabled at your December 18, 1978 meeting requests conceptual approval for the lot-split subdivision to be called the Gordon Subdivision. The proposed subdivision will consist of two single family lots, one of which is to be 0.691 acres and the other 2.392 acres in size. At the present time, the property contains one single family residence and several out buildings. This application is exempt from the Growth Management Quota System. Section 24-10.2, subsection d allows for an exemption from the allotment procedures for the construction of one single family residence on a lot subdivided after the effective date of the article where the following conditions are met: 1. The tract of land which was subdivided had a pre-existing dwelling, and 2. Not more than two lots were created by the subdivision. The property is zoned R-15 P.U.D.. The Planning and Zoning Commission gnanted an exemption from mandatory P.U.D. feeling that the proposed develop- ment meets the objectives of Planned Unit Development and therefore compliance with the article would not be necessary. Each of the two lots proposed will be of at least standard size, no common area is proposed and no further P.U.D. purposes as stated in Section 24-8.1 would be served by requiring the full procedure for the two lot subdivision where one house is already built. Jim Markalunas of the Water Department has commented that as long as the 611 water line on Riverside Avenue and the 811 water line of the Callahan Subdivision are looped as shown on the plat, Jim has no problem with this proposa 1 . Heiko Kuhn has commented that Aspen Metro and Sanitation has the line capacity and plant capacity to serve this subdivision, however, they may lack gravity flow on lot 2 and the owners may have to install a pumping system. A meeting was held today, wflich was attended by John Young, Mick Mahoney, Jim Holland, Jolene Vrchota, and myself, in which we reviewed the need for a trai 1 s easement through this property. The Master Pl an ca 11 s for a trail to cross the property in an east to west fashion. The plat itself shows a trail running along the river north to south. Due to the fact that the City owns the riverfront property immediately on the other side of the river from this tract, we came to the conclusion that the only logical addition to the trails system that this property can offer would be the crossing from east to west. The staff as well as the applicantJs attorney felt that a location for the easement through the property did exist which would be compatible with the future location of a residence as well as with the needs of the trail system. I have attempted to illustrate the loca- tion of this approximate easement on the map which is included in your packet. John Young will be present at this meeting on Monday to answer any questions you may have. We do expect that it will be necessary to approve this conceptual subdivision with a trail easement dedication which is somewhat ambiguous but which would be generally acceptable to the owners of the property. Dave Ellis has reviewed this application and initially noted several engineering concerns. The applicant has satisfactorily responded to those comments made by Engineering at the P and Z review. The Engineering Depart- ment will not have any additional comments until the preliminary plat phase. ~'-~'i .....-, r"'. .~ ..... The Council will recall several different development proposals having been presented in the past for this parcel of land. All of the previous proposals have had one common problem which has been inadequate access for the proposed density. After having reviewed this current proposal, the Engineering Department and the Planning Department feel that the two single family lots is in keeping with the level of access which can be provided. We recommend you approve this conceptual subdivision subject to the conditions suggested by the Planning and Zoning Commission. The Planning and Zoning Commission reviewed this application at their regular meeting on December 5, 1978. At that time, they recommended you approve the Gordon Subdivision conceptually subject to the resolution of the following conditions: 1. Trail easements to be dedicated to the satisfaction of John Young,and City Engineer prior to preliminary plat submission, and 2. The shed which is located on the property line is to be removed, and 3. The park dedication feewii1 be required prior to issuance of additional building permits, and 4. Satisfaction of the concerns expressed by City Engineering (note: applicant has satisfactorily responded to those concerns). ./ .~ . ,1"'"'\ t"""'\ \ \ \ \ ' ------~ \ \ 1- \ ~ \ ; ........., \ ' ""', fJ "'" '\ "'" "'" "'" \ ""'~ \ \ \ \ " I 'i""J~ I ; I I ,I I I I "\~\'.~~ -7 , I I I ~ II __'___ _'.-J LOTI2 DeANE: LOT II Mc.LAIN LOT 10 .JONE:~ '-.. '-...., ""', LOT 14 DUR.RE:N5E:.R.GE:R LOT )0 TR.ANICR. :z o ~ > o l.'O ~ ~ ull ~ . ~ 1\, CeNT'ERLlHE.. IZ' wiDE ~E\v'ER e:A.~o 1J (e>COK. 2.4"1, PA6e:. .5"1&>) _ ,3/ LOT 17 ~ g I GROf> ~ ~/ ~ 1 ------ / / / / / / / LOT 1'1 SNlILOCK a o .0 If) r\ 't / weST \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ CALLAHAN 5UBDIVJ510N ~ 8 '~ I '. I \ g: i \\\ ';;-e I "~\~~ : / \ · 'f_./ > 'Cl' ..\',: ~ ~'\~ll o : , \Y ' "I ~ \~"I , ~ \ <:l . \ c. "\ -\ '\ ,.c..\ .I '\0/ '~JK": tJ~ . . ~\. .,~ '\ ~'j ~t~ .? -----------\ II. " ~, .~="c Of \ ~~ ..: 1~.;.=:rO,.J "",0005 ~;!I~~ \\ Or': 1\ ~ \ r)! ,,:- , I " ACC.C.S5 MJO St.wCR E,A,5f BOO;.<.-,jl<.r PAGoE:- (:tl..i I' Of'; f'rn:JN CCVNTY Rt".c" ~ ' ~,L OT '7 I~ . f \ ~ I-iECHT ~,. "1 \ \ \ ~ LOT [) HECHT LOT <i HE:CHT " PROPERlY - un:: CEME:TERY ~ P,ll,RV... i/.,.,. 8 ,...., t"""\ ~..~~ .... 12 Q"Dvl: DrCCftToNwOOD5 NOO'02'ob"\.I 3 73' ! )T11 A1N LOT J4 \ OURRE:Nf>E:RGE:1<: ~ ~L-___-..-_~__ ' o~. 1..\ \ LOT ]k, TRAN1CR .........., LOT'J7 GR.OB z o !5 > Q. In ::::> If) IJ '0 .lQ l..J > cL' IT 10 E:~ ~~~..........._-- ------- / / / / / / / LOT 19 SMIL.OCK - LOT eL \-.lE:CHT " \ _.. J , \ 'r18' \ \ A<:ct:S~ ANOSCWClt EASEl Boo)<.-,3I1., PAt;.E:cq.... ,O";I"ITKJN COuN.TY Fl:.ltco .,.--LOT-7....,.- I-IE:CI-lT LOT 'Cf 1-lE:C1-IT . CALLAHAN 5UBD1VISION r.J .Y-un: ,CE:.ME:TE:R.Y ~PA!<J<. '8 ~ <..ROve;: 0,,- rTON'W'OOO'5 ---------\ \ \ \ \ \ (~ l.J z '0 IV (. ;1: \ \ - ~. :~ ,~ CONClEJ . eGO} TWO UNlfJI " 'ZONING MAP t N . . - -.J ,-., .' SCALE:. :,., -400 '0[.51 ,..-li' .*'" ,.' it. -,~ ~ 'i '\. ~ ~ ~ ~ ~ " :' 1-\ I~ Recorded 3: 45 PM June 26 1978 Recept i on # 2052(t~ Ju 1 i e Hane Recorder 9OOl3S0",_ ~< ../... / " AGREEMENT n. THIS AGREEMEN'r made and entered into this ;27 -- day of 4/). J u. >f, 1977, by and between JACK E. VAN HORN, JR. and JANE E. VAN HORN, hereinafter referred to as "Van Horns", JIll .' and SHELDON GORDON, hereinafter referred to as "Gordon". WHEREAS, Gordon is entering into a Receipt and Option Contract for the purchase of an undivided one-half interest in unimproved real property with Rueben M. Ginsberg, Trustee, and Van Horns presently own the other undivided one-half interest in said property, which property is described and set forth on the attached Exhibit A, AND, WHEREAS, the parties hereto desire to set forth their general understanding as to the ultimate division or development of said property. NOW, THEREFORE, in consideration of the premises and mutual covenants herein set forth, it is agreed as follows: 1. In the event Gordon becomes the owner of an undivided one-half interest of said property, the parties hereto agree to mutually cooperate in the subdivision or division of said property on an equal basis. 2. In the event the parties are unable to obtain subdivision approval or subdivisiofr exemption in accordance with their eventual agreement upon division of the property, Gordon shall have the right to obtain the first building permit from the City of Aspen on said property for a residence located on his portion of the property that shall be mutually agreed upon. 3. Prior to subdivision or subdivision exemption, the parties shall cooperate in obtaining and paying for public liability insurance covering said property. , 'f ., '"'? r--. ~ WCl350 M451 4. The total size of the subject real property is approximately 135,000 square feet. The parties contemplate that any subdivision or division of the property shall be such that Van Horns shall be the owners of the old Vedic house presently located on the property, including all that portion of the property situated to the north of the red divider line having a bearing of S 860 0' E as drawn on Survey Engineer's, Inc. Topographic Survey of the Van Horn property (Job #23l9A); further it is contemplated that Gordon shall be the owner of that portion of the property situated to the south of said divider line. These foregoing references are meant to indicate the parties' preliminary concepts for subdivision or division of the property. Said Topographic Survey is intended by these references, whether attached or not, to be a part of this agreement. It is also anticipated that after final subdivision or division plans are ~ agreed upon and finally prepared, Gordon's portion !::I';xceed ~ Van Horns' by approximately 30,000 square feet and that, con- sequently, Gordon will purchase such additional square feet ~ from the Van Horns at the rate of $2.50 per square foot as is ~' necessar~M.!':::m~~ 'ti!!!'~ ~~~f~!(L:I~-~~~~"!;~~~ M, " P~~~cLLy. Anything to the contrary notwithstanding, it is contemplated that Van Horns shall own as much property as is necessary to meet City of Aspen requirements for two buildable lots~ in the contemplated subdivision up to a total of 65,000 square fee~t 5. It is agreed that, in the event of the parties' failure~~ h' . f 1 f h .. ~~. to ac leve a satlS actory en argement 0 t e prescrlptlve ~'ft.' ..t.e ( ... Kastelic easement and/or if required for city subdivision a~prov '~ then Van Horns shall receive a vehicular easement for ingress and egress to their'eventual property line from the Aspen Club easement recorded in Book 316 at Page 902 in the records for Pitkin County, Colorado, across property to be eventually owned by Gordon and along a reasonable and practical route to be agreed upon by the parties; further, it is agreed that Gordon shall -2- ~' 'II..... .... "...., .1"""\ -350 '''Gl452 receive an easement for pedestrian and bicycle right-of-way across that portion of property eventually to be owned by Van Horns, if possible, in connection with the proposed rectifications of the Kastelic easement. THIS AGREEMENT shall inure to and for the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. cJa~1 t.1 d" $fiC /'J CK E. VAN HORN, JR. ( {/ c:\ ') \~! .. , .c.... /,: 'I ] , y", ' . J. ..... - (. " I ~~~:~~~" /~. ~ SHELDON" GORDON -3- .. Re~~cd 10:44 A.M. July 11,1978 i~ Rect::ptionlf ta Banner Recorder 9QOt: 351 Pltt1 ~ 205595 between Van Horns EXHIBIT "A" to Agreement/dated August 27, 1977, Reception #205243 (Book 350, Page 450) and Sheldon M. Gordon ~~;. A parcel of land being part of RIVERSIDE P~OER~,MS 3905 AM a~d Tract B Aspen Townsite Addition, Section 18 Township 10 ,J'1.;'l: lSOuth, Range 84 West of the Sixth Principal ~1eridian described as follows: Commencing at the center West corner of Lot 14, Block 1 RIVERSIDE SUBDIVISION, Book 2A, page 179, being 154.48 feet South 33033' East from corner 8 of Riverside Placer MS 3905 AM (Corner 8/3905AM) (A 1954 Bureau of Land Management Brass Cap) Thence North 87042' West 8.77 feet to a point whence Corner 9 of the Riverside Placer MS 3905 AM (a sandstone rock corner in place) bears South 04001' West 1096.45 feet and the true point of beginning; thence South 21041' East 131.20 feet; thence South 08030' West 115.30 feet; thence South 39037' West 21.85 feet; thence South 41011' East 152.60 feet; thence West 194.52 feet to line 8-9 Riverside Placer MS 3905 AM, thence South 458 feet along line 8-9 Riverside Placer to the center of the Roaring Fork River; thence Northerly along the center of the Roaring Fork River being the approximate centerline courses as follows: North 36035' West 135 feet: North 01040' East 156 feet, North 23015" West 222 feet, North 15035' East 204 feet, North 19048' West 177.44 Feet to a point on the North line of property described in Deed recorded April 23, 1974 in Book 286 at Page 406; thence along said North line South 89035' East 177.02 feet and South 87042' East 76.60 feet to the True Point of Beginning. Together with an undivided one-half (1/2) interest in and to the RIVERSIDE DITCH No. 206, Priority No. 287 water rights and/or any other ditch and water rights which are appurtenant to the subject land, without warranty. :f f"", 3~3 / S-2~ ,~ AGREEMENT WHEREAS, ROBERT S. GOLDSAMT entered into a Grant of Easement, dated September 20, 1976, and recorded in Book 316 at Page 961 of the records of Pitkin County, Colorado; and WHEREAS, Grantees agreed in Paragraph 2 of said Grant of Easement to construct no more than a twenty-two (22) foot wide strip of paving; and WHEREAS, said Paragraph 2 prohibited paving of solid asphalt; NOW, THEREFORE, for good and valuable considerations, it is recognized and agreed that the Grantees of said easement may pave said road easement with asphalt and such paving has I I been approved by the Grantor of said easement. It is further agreed that Paragraph 7 of said easement requiring construction of the twenty-two (22) foot wide strip of paving by September 1, 1978 has been met and fulfilled. All other provisions contained in said easement shall remain in full force and effect. ROBERT S. GOLDSAMT " '-'-"'~:;':;"'L<% /'e/ ...- -- . <tI!'-:'",..;:;:: B~~._ <~-z/;;;i /' Andrew V. ~echt, Esq. As Attorney-in-Fact for Robert Goldsamt JACK E. VAN HORN, JANE E. VAN HORN, SHELDON M. GORDON, ASSIGNEES \ , \