HomeMy WebLinkAboutpitkin.planning.273512106005DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
File Locatlon: ,Box 170
CASELOAD SUMMP.RY SHEET
PITKIN COUNTY
DATE RECEIVED:
DATE COMPLETE:
STAFF MEMBER:
10/25/94
TM
PROJECT NAM
Project Add
APPLICANT:
Applicant Address:
CASE # P130-94
PARCEL ID# 2735-121-06-005
REPRESENTATIVE: Chuck Brandt - Holland ana Hart
Representative Address/Phone: 600 E. Main
Aspen CO 81611 925-3476
FEES: PLANNING $ 215 # APPS RECEIVED 5
ENGINEER $ # PLATS RECEIVED
HOUSING $ 60
ENV. HEALTH $
TOTAL $ 275
TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: ,_
DRC MEETING DATE
P&Z MEETING DATE PUBLIC HEARING: YES NO
BOCC MEETING DATE PUBLIC HEARING: YES NO
HEARING OFFICER MEETING DATE:
REFERRALS:
14 Attorney
-Aspen Consol S.D.
School District
Engineer -Rocky Mtn Nat Gas USFS (Carbondale)
Housing -,Holy Cross USFS (Aspen)
Aspen Water -Aspen Fire Div. of Wildlife
Envir.Hlth. Basalt Fire BLM
Zoning -
-Carbondale Fire Snowmass Village
Land Mgmt. -Div. Water Res. Risk Manager
Airport Mgr. -State Forest Ser. Caucus
Sheriff CO Geo.Survey Homeowners
city P & z _
CDOT Open Space Board
Building Dept -Clean Air Board other:
s
t
i
-Brush Ck Metro D _ Other:
/
n
'
' DATE DUE: ~~ ~
DATE REFERRED: ~~ ~ INITIALS:
RESOLUTION #:
PLAT OR SITE PLAN RECORDED AT BOOK
DATE:
PAGE(S)
FINAL ROUTING: DATE ROUTED:
County Attorney -County Engineer
Housing _Envir. Health
Open Space Bd.
Other•
FILED:
INITIAL:
Zoning
Applicant
Revised OS/lb/ye
REC DOC
?,7687'8 B-768 F'-49?~,"'ic/O'~/94 11 : 19R FG i OF ~ @. a@
SILVIR DAVIS F'ITKIN COUNTY CLERK 8 RECORDER
MEMORANDUM
TO: Suzanne Konchan, County Community Development Director
FROM: Suzanne Wolff, Planning Office
gE; Dubofsky Minor Amendment to a Development Permit
DATE: November 16, 1994
APPLICANT: Robert & Betsy Dubofsky
APPLICANT'S REPRESENTATIVE: Chuck Brandt
LOCATION: Lot 5, Cheek Subdivision; Willoughby Way
ZONING/LOT SIZE: R-30; 73,299 square feet
ACCESS: Access is provided from Willoughby Way via a private
access easement on Lot 4, Cheek Subdivision.
REQUEST: The Applicants request approval of a minor amendment to
a development permit to amend a condition of Board of County
Commissioners Resolution No. 82-72, which granted Final Plat-PUD
and Special Review approval for the Cheek Subdivision. The
Applicants propose to buy-down a three-bedroom condominium unit in
Aspen for resale to a qualified resident family under the Category
1 guidelines, instead of building a three-bedroom employee unit on-
site.
BACKGROUND: Resolution No. 82-72 stated that each of the four new
lots must be developed with a duplex to include one unrestricted
and one low income restricted unit. Two of the restricted units
are to be two-bedroom units and two are to be three-bedroom units.
Two-bedroom units have already been constructed on Lots 2 and 3,
therefore, Lot 5 is required to provide a three-bedroom restricted
unit.
Resolution No. 91-14 modified the requirement to provide an on-
site three-bedroom employee housing unit to allow the owner of Lot
5 to provide a two-bedroom unit on-site and to pay the cash-in-
lieu fee for the equivalent of one low-income employee unit. This
option was never exercised, and the property has since been sold.
STAFF COMMENTS:
Section 3-1908 of the Land Use Code allows approval of a minor
amendment to a development permit that is intended to change an
element or condition of a development permit.
1
376872 P-768 F'-49r+"' 12/02/94 11 : i9A F'6 ~ OF`"f
The applicant states that their ability to provide a quality
employee unit on-site is limited because the buildable area on the
property is severely constrained. The building envelope was
established by the subdivision/PUD approval and is located in the
only area on the property with slopes less than 30%. Locating the
employee unit off-site will lessen the on-site impacts and the
impacts on adjacent properties. The proposed amendment will not
change the original GMQS scoring of the Cheek Subdivision because
a three bedroom employee unit will still be provided.
The Housing Office recommends approval of the request, but requests
final approval of the buy-down unit offered by the applicant. The
Subdivision Agreement requires that the employee unit be
constructed either prior to or simultaneously with the construction
of the free market unit, and that a certificate of occupancy shall
not be issued for the free market unit until one is issued for the
employee unit. Therefore, the employee unit should be deed
restricted as a Category 1 unit before approval of a building
permit for the free-market unit. If building permit approval for
the free-market residence is necessary before a deed restriction
can be recorded for the employee unit (e.g., should the rental unit
be bound by a rental lease, the term of which might extend beyond
the anticipated date of construction of the free-market unit), the
applicant shall enter into a contractual agreement with the Housing
Office guaranteeing the deed restriction of the unit after the
contractual obligation of the lease is concluded.
RECOMMENDATION AND CONDITIONS OF APPROVAL:
Pursuant to Section 3-1908 of the Land Use Code the Planning
Director may approve a minor amendment to a development permit.
Staff recommends approval of the proposed amendment to Resolution
No. 82-72, based on compliance with the requirements of Section 3-
1908. This memo, when signed by the Community Development
Director, will serve as a reference document authorizing approval
of said application. This approval is subject to the following
conditions:
1. The Housing Office shall have final approval of the three-
bedroom buy-down unit offered by the applicant. The unit
shall be deed restricted as a Category 1 unit before approval
of a building permit for the free-market unit. Should
building permit approval for the free market residence be
necessary before a deed restriction can be recorded, the
applicant shall enter into a contractual agreement with the
Housing Office guaranteeing the deed restriction of the unit
after the contractual obligation of the lease is concluded.
2. This memorandum of approval shall be recorded in the Office
of the Clerk and Recorder of Pitkin County, prior to issuance
of a building permit for the free market residence on Lot 5.
2
,,7E87~ 8-7E8 F'-~ i~/0~/94 11:19R F'G .~ bf 4
Prior to recordation of the deed restriction, the three-
bedroom employee unit shall be inspected by the Building
Inspector and shall be required to comply with the life/safety
requirements of the Uniform Building Code.
All material representations made by the applicant in the
application shall be adhered to and considered conditions of
approval, unless amended by other conditions. By signing this
document, the applicant accepts responsibility for compliance
with the conditions of approval listed herein.
~Q Ol~V~
Suza a Koncha ,
Coun Plannin Director
l I ~ 2~ ~
Date
Attachments•
1. Housing Office
2. Application
3. Final Plat and
Memo
Topographic Survey
Applicant or Representative
Date
NOV 14 '94 03~31PM ASPEN HOUSING OFC
376878 P-768 G-496~1c/0c/94 11:i9R F'G 4 OF 4
p~$I~QRADIAIID6
Tpa Suzanne Wolff, i'lanning Office
FROM: Cindy Christensen, Housing Office
DA,'TB:a NOvertber 14, 1994
gg; Dubofsky Minor Amendment to a Development Permit
Parcel ID No. 2735-121-06-005
P.1
xssVBa The applicant is requesting approval to buy-down a three-
bedroom unit located in Aspen to Category 1 instead of building a
three-bedroom, Category 1, unit on site.
saarg(.ygOIIND: The Cheek Subdivision was granted final approval by
the Board of County Commissioners {BOCCI by Resolution Na. 82-72,
on ~'une 28, 1982. Each of the four lots were to be developed with
a duplex to include one unrestricted and one low income restricted
employee unit. Two of the restricted employee units were tv be two
bedrooms, and the remaining two employee restricted provided etwo
be three bedrooms. Two of the lots have already p
bedroom units, therefore, this applicant would need to provide a
three bedroom, low income (Category 1) unit.
RBCODQ~6SDiflATION: Staff recommends approval of this request but
requests final approval of the buy-down unit offered by the
applicant. staff also will require this unit to be deed restricted
as a category 1 unit before building permit approval. Should
building permit approval be necessary before a dead restriction can
be recorded {e•g-. should the unit be bound by a rental lease),•the
applicant has the option to enter into a contractual agreement with
the Housing Offioe guaranteeing the deed restriction of the unit
after the contractual obligation of the lease is concluded.
\refecral\dubot.bd
PITRIN COUNTY
PRE-APgPLICATION CONFERENCE SUMMARY
DATE • ~L-~~y ~ ~! 9¢ PLANNER: TGLIYI
..
PROJECT:
APPLICANT'S REPRESENTATIVE:
REPRESENTATIV
OWNER'S NAME:
SUMMARY
3. Areas in whlcn ap]
of reports requested:
types
6. The applicant needs to post a sign for each public hearing
pursuant to Section 6-3.4 of the Code. (YES)
7. Did you tell~ ~appG,plicant to submit list of ADJ CENT PROPERTY
OWNERS? (YES) yivv) Disclosure of Ownership: YE ) (NO)
8. Number of copies of the application to be submitted:~_
9. What deposit was appliLc~a~n~~t~requested to submit: ~ Z~ ~ _
1 ~ ~i4~f~, ~lS~ hi~ o~ ~/V~~st Ga1Y~~/~~/~
JUof~ ~ b ~ lO e'-~ ~ 7~ a JlT ~~~ ric~wJ
~p 1^O~JYI G ~! /O ~S, ~O /a
b~ pr~v d kiln.
1. Type of Application:
Policy Area/
Referral Aaent Comments
Ac~mr:~ ~vi~-
4. Review is before: (P6Z Only) (BOCC Only) (P&Z ~ BOCC)
5. Public Hearinq: (Yes) ~ At: (P&Z) (BOCC) (BOTH PSZ & BOCC)
-~ _
.. , ~.
PITKIlV COUNTY _
LAND USE APPLICATION.FORM
Robert Dubofsky and Betsy Dubofsky
OWNER'S NAME
ADDRESS 5 Harbor Way, Kings Point, Neva York 11024
PHONE 516-327-2760
Chuck Brandt
REPRESENTATIVE'S NAME
ADDRESS Holland & Hart, 600 E. Dlain Street, Asoen, Colorado 81611
PHONE 303-925-3476
PROJECT NAME Lot 5, Cheek Subdivision _
PROJECT LOCATION Unassigned address -- Willoughby Way, Lot 5, Cheek
(Street Address and Legal Description) Subdivision, Pitkin County ~
PARCEL ID NUMBER'2735 - 121 - 06 - 005
1.797 Acres PRESENT ZONING R-30
LOT SZZE
EXISTING USES Vacant Land
PROPOSED USES Sin F
(Include appropriate square footage)
DESCRIPTION OF THE PROPOSAL• Off-site mitigation of housing requirement -
see attached Addendum to Land Use A lication Form
niduded otherwaseDappficationew'i~ll be deemed ncompiete All bl eN ne ImaDls s h Id be foldsedeet
To be Completed by the Planning Office:
Type of Application: General Submission
EDU (701-1`x00 sq. ft.) .-
_ Caretaker Dwelling Unit
(700 sq. fL or less)
_ Other Dwelling Unit
(R{ or R-15 Zone District)
1041 Env. Hazard Review
Subd::~-lion Review
Rezc`'`:=
Gthe_ ~-
Scenic Overlay
Special Review
Subdivision Exemption
GMQS Exemption
Planned Unit Devele~ment
~. ~.
ADDENDUM TO LAND USE APPLICATION
This Addendum addresses and sets forth the Application
Contents required by Section 5-502, including the required
Standards Report setting forth the applicable substantive review
standards as contained in Section 3-1908 of the Pitkin Count Land
Use Code.
APPLICANT'S BACKGROUND INFORMATION. See letter signed by
the Applicants attached as Exhibit 1.
PARCEL DESCRIPTION. Lot 5, Cheek Subdivision, according to
the Plat thereof filed November 4, 1982, in Plat Book 4 at page
8, Pitkin County Clerk and Recorder (the "Property").
No address has been assigned to this parcel. The Property
is located on Willoughby Way, Pitkin County, Co. An 8 1/2" x 11"
vicinity map locating the Property within Pitkin County is
attached as Exhibit 2.
DISCLOSURE AND PROOF OF OWNERSHIP. Accompanying this
Application as Exhibit 3 is a copy of the Owner's Title insurance
policy showing Robert and Betsy Dubofsky as the owners and
setting forth in Schedule B all mortgages, liens, easements, etc.
affecting the Property.
LEGAL ACCESS. Access to Lot 5 is from Willoughby Way, a
County Road, over the Private Access Easement on Lot 4, Cheek
Subdivision, as shown on the Subdivision Plat.
BTANDARDS REPORT. The following is submitted in
satisfaction of the Standards to be addressed as set forth in
Section 3-1908 Minor Amendments to a Development Permit.
Background. The Cheek Subdivision was granted final
approval by the Board of County Commissioners by Resolution s2-72
on June 28, 1982. A copy of the Resolution accompanies this
Application as Exhibit 4. The five lot Cheek subdivision
contained four new lots and one lot for the existing house and
guest house. Each of the four new lots are to be developed with
a duplex to include one unrestricted and one low income
restricted employee unit. Two of the restricted employee units
are to be two-bedroom units containing between 700 and 800 square
feet each, and the remaining two employee restricted units are to
be thee-bedroom units of a least 1000 square feet each. It is my
understanding that Lots 2 and 3 have been improved with two-
bedroom employee restricted units. Therefore Lots 1 and 5 are
required to build the two three-bedroom employee restricted
units.
.,.., `tl-
In 1991 Resolution 91-14 was adopted by the Board of County
Commissioners approving the Cheek Subdivision Lot 5 Insubstantial
Change to a Recorded Plat and Amendment to Resolution Nos. 82-72,
a copy of which is attached as Exhibit 5. This Resolution
permits the "buy-down" of one of the three bedrooms by payment to
the Housing Authority.
Rectuest. The Applicants seek to further amend Resolution
No. 82-72 to allow the Applicants the option of purchasing a
three bedroom condominium unit, satisfactory to the Aspen/Pitkin
County Housing Authority, for the purpose of resale to a
qualified resident family under. the Category 1 guidelines. The
obligation to provide a three bedroom employee unit of Lot 5,
Cheek Subdivision, should they decide not to provide the
restricted employee unit, would be released.
The arguments supporting this request are:
1. Because of the 15~ and above grades and the size of the
building envelope on Lot 5, the buildable area is extremely
constrained. As a result, the Applicants cannot construct a
duplex accommodating a three-bedroom employee unit in a fashion
which provides either the employee or the Applicant with an
appropriate level of privacy.
2. A 1000 square foot employee unit is an excessive impact
on the Property and the Applicant. Because of the Constraints of
the Property, there will be no yard area for use by the occupants
of the employee unit.
3. Given the constraints of the buildable area on the
Property, the shared driveway and the parking area configuration,
there is little, if any, room for parking of the employee cars on
the Property.
4. The Property is quite removed from public transportation
and amenities enjoyed by employee residents in the Aspen
Community.
5. A three bedroom unit located in Aspen and owned by a
qualifying low income family is a valuable resource for the
community.
6. Ownership of a three-bedroom price restricted unit is
preferable to a rental unit occupied by the qualifying family.
7. The Applicants propose to proceed immediately to
purchase an acceptable unit, deed restrict it and sell it through
the Housing Authority as quickly as possible. This will place
ownership in the hands of a qualifying family very quickly.
Since construction of the residence on the Property is not
scheduled to start until this Sprinq, occupancy of the employee
2
latex than the
commence for at least a year
unit would be available-
unit would not e the use of the
substitute ownership Chang
does not it will remain
osed amend~~e Property as
This prop ment on density.
proposed devebu with less osed
tial, gection 3-1908 D• The prop
residen as required under
Further, does not: of the
or activity of the approved use
amendment visual appearance and
Change the basic character
occurs including will be smaller in
1• activity osed residence unit,
employee
land of which the _ the prop
method of operation to accommodate the
scale by not having the surrounding
site impacts in of units decreasestYaffic
Increase off- edestrian
2. roposad substitutioauto and p
ne1ghborhood the p additional
acts cause by rural road.
off-site imp Way a narrow, welfare.
on Willoughby ublic health, safety or
the p _ substitute housing
3. EndangeY gtandard
Land Use Code rental housing.
4. Violate anbetter than restricted arking or
which is need for on-site p
is offered e the rovidin~ to
increas eperation-bY p
5, Substantially e hotelimP cts are reduced for
or affect affordabl that the
ee unit the on-si improved in than rental.
utilities, employ eperation is rather
substitute a housingln employee ownership two (Z)
5 and afforuri t will be more than
substitute area of the use by than three (3)
floor on site by morewill be less
6. Increase the open spaeTOposed dwelling o erty is
percent or decrease area of the p on the Pr p
percent - The floor unit and open space
without the employee
increased.
3
14158.2
~.~ .~..
EXHIBIT 1
ROBERT L. DUBOFSKY
5 HARBOR WAY
KINGS POINT, NEW YORK 11024
October 24, 1994
Mr. Tim Malloy
Pitkin County Planning Office
130 South Galena Street
Aspen, CO 81611
Re: Dubofsky Change to a Condition of Approval
Dear Mr. Malloy:
This letter will confirm that my wife, Betsy Dubofsky, and I are the owners of Lot 5, Cheek
Subdivision, Pitkin County, Colorado.
We have authorized our local attorney, Chuck Brandt of the law firm of Holland & Hart,
whose address is 600 East Main Street, Aspen, Colorado 81611, Telephone Number: 925-
3476, to represent us in preparing and filing an appropriate land use application,. We seek
to amend the Cheek Subdivision documents to allow us, should we choose to do so, to
acquire a "free market" unit, deed restrict the unit for employee housing and sell the unit to
a qualified family in satisfaction of our present obligation to construct a 1,000 square foot
employee rental unit on our property.
~3Zery y yours,
~.~ ~
ert L. o sky
sk - -
C.BrandUAmendmenl Chnek SubdivisiaMe24.94
O
l`((( ~ ~c-~- - , ~
'~ EXHIBIT 2..~'
~~ ~~.'~~
" ~/.
\ /q'i
=,_t_ ~ ~~ ~ goo ~ - „',
~~ ~~' ._ ~~ ;tom o ~~ ~l ~ ~~,~~~i ~'•1 ~,o~~
~' d ~ i ~ r/
• ~"
~ /~' / ~/~ ~ ice" ~I i '- /~\`~.
~ ~ ~ ~~°`
~~..~ ~ I / /~ ~/~1 I~fl ~ ~ ~ i /~i '"' '/~ -~~ 1
° ~ ~ i ~ ~p "'fir I1. v
/ // L
r
i
/~ ~ ~f~ /
~j~ %~ \ \ 1~~'~`~ / ~'(°~~'~~ j ~/~~ fir- ~~, ~,- ~~ ~-' / , ,
J/~ J
~~ 1 / ~ ~ i/ , r' ~ ~ ~~ .=
~ ( ~`-
i ~~ ~ ~~
~1~; ~ i-v~ /~ ~ ~- / ~, ~ A~ '
~ ~ ~ ~ ~ ~' ~ ~; X009-„ , ~" ~~ ~/ // / ~ ~ ~ ~ ~ ~ ~ id
~~ II /~, .., r j/~
\\// J
_l °A
f~~C ~~°N~ ~ac~~ ~ ~~ ~ ~ ~~~ ~
f VIII ~ ~ ~o~ l ~ A O~~.L~ ~~~ ~,
w.
m ~e~~ ,~
~ \ ~ v ~~ F-
Farm No. tA02.92 ^, ___;__~ t
ho~n~sz5 EXHIBIT 3 .`~~,~ r
AL7A Owner's Polity
~.,L3-.,
POLICY OF TITLE INSURANCE
ST A~1 E N~
~ C9
ro
z
~~~ LLL
ISSUED BY
First American Title Insurance Company
SUBJECTTO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
_ ~,~ ; asst ~
q! k ~n R~4+x ~
First American Title Insurance Company ,- ~ ~ , ,;, ~'- ,
~/,///J .~ f ~,
,
BS' ~~ ~/ 1 PRESIDENT x ~ ~ ~~
< i
3 8 3 3 3 7 ATTEST O/ ~/ ~~ `~ SECRETARY L ^'`
J ~'R _ „ ` = 't 173
Q+IIgIt' S POLICY
gHFIITrF A
OTdPx NO. 403713 -0 rr~c„rarr,a Artots~t $ 1,475,000.00
Fblicy No. J 383337 Premium Ati~uZt S 2,007.50
Date of :~licy: Septaober 30, 1994 at 4:06 P.M.
1. Name of Insia'ed:
F3~BERT DUBOFSKY airl BETSY DUBOFSKY
2. The estate or interest in the land wdii.di is aoaes'ed by the policy is:
FEE SIMPLE
3. Title to the estate or interest in the la¢yd is vested in:
~'P DUBOFSKY atrl BETSY DUBOFSKY, in joint Y
4. 2'he land re>=eiied to in this policy is located in the State of
Colorado, County of Pitkin and is described as follows:
Lot 5,
CFffiC SUBDIVISION,
ate,-,,,j; ~, to the Plat thereof filed Nov~anber 4, 1982, in Plat Hoo}c 14 at Page 8.
This Folicy is invalid unless the owes sheet arri ~r-rwr3„i e B are attached.
ALTA Owner's Policy (10-17-92)
FIRST AMERICAN TITLE ZfS[JRAt~ COMPANY
~~nF B Order Ido. 403713 -O
Policy No. J 383337
PART I
Rhi.s policy does not ; n4 rra a fairest loss OY' daomage (and 'the Oo¢g3ny will not pay
ousts, attorneys' fees or expec~ses) c~iCh arise by reason by:
1. Taxes or assessnPnts which are not shown as existing liens by the records of
ant, taxing authority that levies taxes or assesscpnts on real property or by
the public reoonis.
2. Any facts, rights, interests, or claims which are not stncan by 'the Public ra-~xrls
but which could be asoextained by an inspection of. said land or by making i~,iry
of persons in possession thereof.
3, Faa~,ants, or claims of easanents, or ear~es which are cot shown by the
Public record.
4. D; a-*p-p~•Y,; es, oazfliats in boturJarl' lic~es, shortages in area, erxaroacYxnerits, of
any other facts which a earxec.'t survey would disclose, and which are not shown by
public records.
5. Any lien, or right to a lien, for services, labor or material theretofore
or hereafter furnished, imposed by law aryl not strewn by the Public re~d•
6. Unpatented mining claims; resesvaticns or exceptions in patents ar in Acts
aut2nrizing the issuance thereof% water rights, claims or title to water.
7. Right of the PLrfprietor of a Vein or Inde to extract and remove his ore ttrrefran,
should the same be found to penetrate or intersec.'t the P''1Pf"' ~G why granted, as
reserved in United States Patent recorded May 3, 1892, in Hook 55 at Page 24.
8. Right of way for ditches or canals mnstYVCted by the authority of the_United
States, as reserved in United States patent rem-r3ed May 3, 1892, in Hock 55 at Page
24.
9. Public right of way easanent as stern on the Plat of said subdivision, said easarent
~'ia; M 30' wide along each side of a oenter'line.
10. Utility easa~pnt as Shaun on the Plat of said 4,x~;vision and as reserved in
Fasarnnt Vacation Agreanent between Paul CY~anin aryl Holy Cross ElectYic agar; aticn,
Inc, r,ecor~3 O'-taber 29, 1991, in Bode 660 at Page 387.
11. Ccaxiitions as set forth in Resolution 81-125 recorded December 17, 1981, in Bode 418
at Page 768 arxl Pesclutien 82-72 recorded July 21, 1982, in Hods 429 at Page 600.
12. Covenants arri conditions as set forth in Subdivision Agreement reaarcied Novanber 4,
1982, in Hods 435 at Fage 172.
(Contirwed)
ALTA Starr3ard Policy, Wester-'n RecJicel -Form No• 1402-C (Rev. 9/87)
FIRST AMERICAN TZTI.E IIISURANC~ OCf7PAt9Y
~ZONS (oontim~ed) Oxdes No. 4A3713 -0
Policy No.J 383337
13. Restrictions, which do not a.ntain a forfeiture or reverter clause, as
eta; ~3 in ir~stnunent recoi3e3 Decanter 20, 1982, in Book 437 at Page
543.
14. ~; ~; *~ drive ~ ~ ~~'~ as shoran on survey by Aspen Survey
c ~,;,,r~,-G, ice, dated Januazy 31, 1991.
15. Resolution No. 91-14, Resolution of the Hoard o£ County Crnmissia~ers of
Pitkin County, Colorado approving the C7~ee3c Subdivision Lot 5 Insubstantial
Charxge to a Recorded Plat arYi Atresrhnent to Resolutirn No. 82-72.
16. Easa[pnt aryl right of way to anstn~ct, reoa~vc't, repair', char~e•
enl aria, ne-phase, opes-ate axed maintain an iar]PS~Yxmd t-ra*~~,; pion ~
distribution line, as granted by Paul R. Chanin to Holy Crass Electric
acar;aticn, Znc. by instnyrent recorded Decorates 9, 1991, in Book 663 at
Page 940, said easanent being ten feet in width.
17. Deed of Trust from Betsy Dubofsky and Robert Dubofsky tra the Public Trustee
of Pitkin County for the use of Ra;lrnar3 Savings Hank, F.S.B., to secure
5900,000.00, dated Sep~nbP-r 26, 1994, arxi receded SeP-r 30, 1994, in
Book 763 at Page 37.
FIRST Ah~2ZCAN TITLE II5(h~fK~ OC4'1PANY
EXCLUSIONS FROM COVERAGE
-~,
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any govemmentai police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a nonce of a detect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Po.,cy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Detects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or '
(b) of such recordation to impart notice to a purchaserCONDITIONSdANDt STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses the Company would nave
had against the named insured, those who succeed to the
interest of the named insured by operation df law as
distinguished from purchase including, nut not limited to,
heirs, disidbutees, devisees, survivors, personal representa-
tives, next of kin, or coryorate or fiduciary successors.
(b) "insured claimanT': an insured claiming loss or
damage.
(c) "knowledge" or "known": actual knowledge, not
constructive knowledge or notice which may be imputed to
an insured by reason of the public records as defined in this
Dolicy or any other records which impart constructive notice
of matters affecting the land.
(d) "land": the land described or referred to in
Schedule (A), and improvements attoced thereto which bylaw
oonsbtute real property. The term "land" does not include any
oroperry beyond the lines of the area descdbed or referred
:o in Schedule (A), nor any dghL title, interest, estate or
easement in abutting sVeets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modify or limit
me extem to which a dght of access to and from the land is
insured by this Dolicy.
(e) "mortgage": mortgage, deed of trust, trust deed,
dr other security instrument. '
(f) `public records": records established under state
statutes at Oate of Policy for the purpose of imparting
:onshuctive notice of matters relating to real property to
curchasers for value and without knowledge. With respect to
section i(a)(iv) of the Exclusions kom Coverage, "public
~ecords"shall also incude environmental protection liens filed
n the records of the clerk of the United States district court
br the distract in which the land is located.
(g) "unmarketabiliry of the title": an alleged or
>_oparem matter affecting the tble to the land, not excluded or
axceDted from coverage, which would entitle a purchaser of
ne estate or interest described in Schedule A to be released
'rom the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in torte as
of Date of Policy in favor of an insured only so long as the
asuretl retains an estate or interest in the land. or holds an
by this Dolicy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating
the amount of the loss or damage. h the Company is
prejudiced by the failure of the insured claimant to prodde the
required proof of lass or damage, the Companys obligations
to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
proof of lass or damage.
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall produce
for examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a
date before or aher Date of Policy, which reasonably pertain
to the loss or damage. Further, it requested Dy any authorized
representative of the Company, the insured claimant shall
grant Rs permission, in writing, for any authorized rep-
resentative or the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and mem-
oranda in the custody or control of a third parry, which
reasonably pertain to the lass or damage. All information
designated as confidential Dy the insured claimant provided
to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the adminisVation of the claim.
Failure of the insured claimant to submd for examination
under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary informa-
tion from third parties as required in this paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance.
To pay or tender payment of the amount of insurance
under this policy together wiM any costs, attorneys' fees and
expenses incurred by the insured claimant, which were
authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to
pay.
Upon the exercise by the Company at this option, all
liability and obligations to the insured under this policy, other
for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation D~~
the Company or with the Companys consent, the Compam
shall have no liabilhy for loss or damage until there has hee~.
a final determination by a court of competent jurisdiction.
and disposition of all appeals therefrom, adverse to the title
as insured.
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntadly assumed by N~
insured in settling any claim or suit without the prior wdtteii
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY.
All payments underthis policy, except payments matlt
for costs, attorneys' fees and expenses, shall reduce th
amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that me Amount of In-
suranceunderthis policy shall be reduced by any amount the
Company may pay under any policy insudng a mortgage tc
which exception is taken in Schedule B or to which thr~
insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge c
lien on the estate or interest described or referred to ii
Schedule A, and the amount so paid shall be deemed
payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing thr
policy for endorsement of the payment unless the policy ha~.
been lost or destroyed, in which case proof of loss c
destruction shall be famished to the satisfaction of the
Company.
(b) When liability andthe extent of loss or damage ha
been definitely fixed in accordance with these Conditions am
SDpulations, the loss or damage shall be payable within 3'.
days thereafter.
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
(a) The Companys Rlghl of Subrogation.
Whenever the Company shall have settled and paid
claim under this policy, all dght of subrogation shall vest ii
Mo r'mm~+m. umNnnlnA F.. emr aril nl IM1O inenrod nbim>m
,. _ _ .. nab lbls p04Cy not Oeen issuee. d reQue540 by the GOmpem
„o^e u, :r.- s cL ,r~ a, , ~ ~> ~~ ~ ~ ' ~ ~-' "" b To Pa or Otherwise Settle WM Parties Diherthan Ne insured claimant shall Vansfer to m~Company_ II ripn6e
stxe or interest This Dolicy shall not conbnue in torte in O Y
~~`he Insured or With the Insures Claimam. '°end remedies against any person or property necessary it
avor of arty Wrchasertrom the insured of enher (i) an estate
or interest in the Wnd, or n an indebtedness secured by a ~ (i) to pay or otherwise settle with other parties forV,urder to perfect Mis right of subrogation. The insures
() or in the name of an insured claimant any claim insured claimam shall permft the Company to sue, compromise a
ourohase money mortgage given to the insured. y y
against antler this Dolicy, together with an costs, attorne s' settle inthe name of the insured claiman[and to usetne name
fees and expenses incurred by the insured claimant which of the insured claimant in any transaction or litigation
3. NOTICE OF CLAIM TO BE GIVEN BY were authorized by the Company up to the time bt payment involving these rights or remedies.
INSURED CLAIMANT. and which the Company is obligated to pay; or
~ (ii) to pay or otherwise settle with the insured - It a payment on account of a claim does not fully cove.
the loss of the insured claimant, the Company shall De
The insured shaft notify the Company promptly in
writing (i) incase of any litigation as set forth in Section 4(a) claimant the loss or damage provided for under this policy,
attorneys' tees and expenses
osts
h
i subrogatetl to these rights and remedies in the proportioi
which the Companys payment bears to the whole amoun
below, (ii) In case knowledge shall came to an insured any c
,
together w
t
incurred by the insured claimant which were authorized by the o1 the loss.
hereunder of any claim of title or interest which is adverse to
the title to the estate or interest, as insured, and which might Company up to the time of payment and which the Company It loss should resuR from any act of the insure<
that act shall not void this Dolicy
as stated above
claimant
cause loss or damage for which the Company may be liable is obligated to Day.
Upon the exercise by the Company of either of the ,
,
but the Company, in that event, shall be required to pay oM~
by virtue of this policy, or (iii) it Btle to the estate or interest,
h
ll options provided for in paragraphs (b)(i) or (ii), the Com- that Dart of any losses insured against by this policy whin
a
as insured, is rejected as unmarketable. Ii prompt notice s
ili pony's obligations to the insured antler this policy for the shall exceed the amount, if any, lost to the Company b,
ty
not be given to the Company, then as to the insured all liab other than the payments required to
claimed loss or damage reason of the impairment by the insured claimant of the
of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, ,
be made, shall terminate, including any liability or obligation
prosecute or continue any litigation.
to Oetend Companys right of subrogation.
(b) The Companys Rights Against non-Insura~
however, that failure to notify the Company shall in no case , Obligors
prejudice the rights of any insured under this policy unless
shall be prejudiced by the failure and then only
an
m
th
C
7. DETERMINATION, EXTENT OF LIABILITY .
The Companys right of subrogation against nor.
ith
ll i
l
d
y
p
e
o
to the extent of the preludme. RND COINSURANCE. e, w
ou.
nc
u
insured obligors shall exist and sha
IimitaDon iherightsoftheinsuredtoindemnibes,guaranties.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request bythe insured and subjectto
the options contained in Section 6 of these Condttions and
Stipulations, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those
stated causes of action alleging a detect, lien or en-
cumbrance orother matter insured against by this policy. The
Company shall have the right to select counsel of its choice
(subject to the fight of the insured to object for reasonable
cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs
or expenses incurred by the insured in the defense of those
causes of action which allege matters not insured against by
this policy.
(b) The Company shall have the right, at its own cost,
to Institute and prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the
insured. The Company may take any appropriate action under
the terms of this policy, whether or not tt shall be liable
hereunder, and shall not thereby concede liability or waive
any provision of this policy. If the Company shall exercise tts
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted by the
provisions of this Dolicy, the Company may pursue any
litigation to final determination by a court of competent
jurisdicgon and expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires
me Company to prosecute or provide for the defense of any
action or proceeding, the insured shall secure to the
Comparry the dgM [o so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this
purpose. Whenever requested by the Company, the insured,
at me Companys expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any
oNer lawful act which in the opinion of the Company maybe
necessary or desirable to establish the title to the estate or
interest as insured. If the Company is prejudiced by the failure
of Ne insured to furnish the required cooperation, the
Companys obligations to the insured under the Dolicy shall
terminate, including any liahifiry or obligation to defend,
prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
5. PRODF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Condtions and StiDUlations have been
provided the Company, a proof of loss or damage signed and
sworn to by the insured claimant shall be furnished to the
Company within 9D days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the detect in, or lien
or encumbrance on the title, orother matter insured against
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by,reason
of matters insured against by this policy and only to the extent
herein described.
(a) The liability of the Company under this policy shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
or
(ii) the difference between the value of the insured
estate or interest as insured and the value of the insured estate
or interest subject [o Ne detect, lien or encumbrance insured
against by this policy.
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of
the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or it
subsequent to the Date of Policy an improvement is erected
on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy is sublect to
the following:
(i) where no subsequent improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rata in the proportion [hat the Amount of Insurance
at Date of Policy bears to the total value of the insured estate
or interest at Date of Policy; or (ii) where a subsequent
improvement has been made, as to any partial loss, the
Company shall only pay the loss pro rata in the proportionthat
120 percent of the Amount of Insurance stated in Schedule
A bears to the sum of the Amount bt Insurance stated in
Schedule A and the amount expended for the improvemem.
The provisions of this paragraph shall not apply tb
costs, attorneys' fees and expenses for which the Company
is liable antler this policy, and shall only apply to that portion
of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of
these Conditions and Stipulations.
8. APPORTIONMENT.
other policies of insurance or bonds, notwithstanding am
terms or conditions contained in those instruments whin
provide for subrogation fights by reason o1 this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Com
pony or the insured may demand arbiVation pursuant to the
Title Insurance Amibalion Rules of the American Arbitratio~~
Association. Arbitrable matters may include,. but are nr
limited to, any controversy or claim betweenthe Compan.
and the insured arising out of br relating to this policy, am
service of the Company in connection with hs issuance o.
the breach of a policy provision or other obligation. A~~
arbit2ble matters when the Amount of Insurance I:
$1,000,000 or less shall be arbiVateO at the option of eilhe
the Company or the insured. All arbibable matters when th
Amount of Insuance is in excess of $1,000,OOO shall b.
arbitrated only when agreed to by both the Company and th
insured. Arbitration pursuant to this policy and under the
Rules in effect on the date the demand for arbitration is maol~
or, at the option of the insured, the Rules in effect at Date o.
Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in whic~•
the land is located permit a court to award attorneys' fees t[
a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having juristlictia~
thereof.
The law of the situs df the land shall apply to a
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from th
Company upon request.
15. LIABILTY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
If me land described in Schedule (A)(C) consists of two
or more parcels which are not used as a single site, and a lass
is established affecting one or more of the parcels but not all,
the loss shall be computed and settled on a pro rata basis as
if the Amount of Insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made sub-
sequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance et this
policy and shown by an express statement or by an
endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removesthe
alleged defect, lien or encumbrance, or cures the lack of a
right of access to or from the land, or cures the claim of
unmarketabiliry of Bde, all as insured, in a reasonably diligent
manner by any method, including litigation and the comple-
tion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable
(a) This policy together with all endorsements, if an,
attached hereto by the Company is the entire Dolicy am.
contract between the insured and the Company. In interpret
trig any provision of this policy, mis policy shall be consbuer:
as a whole.
(b) Any claim of loss or damage, whether or ni
based on negligence, and which arises out of Ne status
the title to the estate or interest covered hereby or by an
action asserting such claim, shall be restricted tothis polic
(c) No amendment of or endorsement to this polic
can be made except by a writing endorsed hereon or attache.
hereto signed Dy either the President, a Vice President, tt
Secretary, an Assistant Secretary, or validating officer
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held inval
or unenforceable under applicable law, the policy shall L
deemed not to include that provision and all other provision
shall remain in Lull force and effect.
17. NOTICES, WHEHE SENT.
All notices required to be given the Company and ar
statement in wdting required to be furnished the Compar
shall include the number of this policy and shall be addressr
to the Company at 114 East Fitth Street, Santa Ana, Californ
92701, or to the office which issued this oolicv.
_... _.~.
~£
EXHIBIT 4
..,;:-
,.. '
+~IbOU
RESOLUTION OF THE BOARD OF COUNTY C0~414I SSIOiIERS
OF PITf:IN COUNTY, COLORADCi,
GRANTING FINAL PLAT-PUD AND SFFCIAL P.EVIEW APPROVAL
TO THE CHEEK SUBDIVISIOW
Resolution No. 82 - ~?
WHEREAS, John H. Cheek, Jr. (hereinafter referred to as "applicant") is
the owner of record of 10.7 acres of real property more specifically described
on the attached Exhibit "A", and
WHEREAS, the applicant has, applied for subdivision-PUD approval for a five
lot subdivision and for special review approval for a duplex use on. four of
the five lots (each duplex will contain one restricted unit and one unrestricted
unit), and
WHEREAS, a public hee.ring was held before the Board of County Commissioners
on November 23, 19P,1 a: which time evidence and testimony were presented with
respect to this ~a pplication.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Cemnissione rs of
Pitkin County, Colorado, that final plat-PUD and special review approval are
hereby granted for the five lrt subdivision containing four new lots and one
lot for the existing house and guest house. The four new lots will each be
developer with a duplex to include one unrestricted and one low income restricted
unit. Two of the restricted units shall be two-bedroom units containing between
700 and 800 square feet each and the remaining two restricted units will be
three-bedroom units of at least 1000 square feet each. This approval is
subject t, the execu tion r.nd recording of the subdivision agreement which is
attached hereto and labeled Exhibit "B".
Approved by the Board of County Corrunissioners of Pitkin County, Colorado,
at their regular meeting on June 28, 1962.
BOARD OF COUNTY MMISSIONERS OF PIT KIN
~. COUNTY, COLO
i
. ;~ii r~f
`~.... .. .. i 6y: ,~
" `'~ u Helen a eru f, hai rwoman
o J' ~
- ~ ~
L`. ~ .G' ~ ~~ v
o.•ATT~ = 53 " to
~,'
v
Deputy County Clerk ~' ~ ~ M
o, ,_
__ _
~~ J' T
C~ \~
APPROVED AS TO FORM: rv p
i
an ra to a ounty ttorney
~ .+t' ..
FX~II„I =^ - 4~J ' ' GOl .
h,~t ,~ ~.'..
' A Lrae[ df. land sl.tua[o-l In rbc North 'S oC the NurLhc~ua 'z uC SeeCloo 12, anJ fi'
6 Chc Snu CL I<. of. Uw Sn u[h•:a ..^.t ': nf. Set Cim, 1, nll fn '11x+w;h Lp 10 South, I;., nl•, r. 9r
{. Nest n( Chr. Six llr l'.tL, l'it Y. t.u Counlf, Colo r. do, bcLUS muru fully dcncr recd us
folluus:
~ i n1nt on tha SouChu~cscrr].y rii•,ht oC ~;ay of [hr. Salta .on Uitch t:hu¢c
P
Bcr,'lnnl,~r: +~
Cosner t:o. 21 oC the Bsoun Placer, U.S.1;.D. Na. ISU47 beats:
N 87°16' W 417.2 0 Luok;
Thence 5 GG°58' t; 21D.G0 feet; ~ ~'
Thence S 50°33' F. 3]G. 00 Ece t;
Tlrenec S GS°39' F, 190.90 feet; -
Thenec South 219.77 feet;
Thencn 17 GG°00' ff 60.00 Ecct;
Thence N G9°13' lJ 242.00 feet;
Thence N B1"30'. W 150.00 feet;
Thence Ii 8h°39` tJ 120.00 Eeec;
'Thence t7 72°7.2' a 117.00 feet;
Thence N SG°25' lJ 1^,2.00 feet;
Thence N 50°00' lJ lCD .00 feet;
Thence ti 58°00' LJ L90.00 feet;
Thence H 39°OL' U 136.03 feet;
Thence N 43°12' 4;.207.96 Fert;
Thence N 35°52'
°
' H 149.28 Eec r,
59 Ecct to the South line of Tract N0. 1, Ruby Option;
00
Thence N 64
4°CO' E 230.
94 tee[ to Cosner No. 21 of said Brown Placer;
E 441
Thence S 5
Thence S 87°1 S' .
F. .217.20 Eect [o the Point of Beyi.nnin2,
~Coun[y of Pitkin, State of Colorado. ~ '
_~_ #. k~
t i
_..._._.
EXHIB?T 6
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this
day of 1982, by and between John H.
Cheek, Jr., (hercinaf to referred to as "the Owner") and
Pitkin County, Colorado, (hereinafter referred to as "the
County").
W_I_T_N_E_S_S_E_T_FI_
WHEREAS, the Owner has submitted to the County for
subdivision approval, .execution and recording a final plat
of the Cheek Subdivision consisting of five (5) lots
~
I situated on certain real property in Pitkin County,
j Colorado, more particularly described on Exhibit "1"
II attached hereto and incorporated herein by thls reference,
and
~^ ~ WHEREAS, the County has fully considered the final plat
y and is willing to grant approval of and execute the plat
Owner's agreement to the conditions contained herein,
upon
virtue of the subdivision regulations of
ed b
i
y
r
all as requ
Pitkin County, Colorado, and
WHEREAS, the Owner is willing to accept these
conditions and to enter into this agreement with th_ County
to provide for the same;
NOW, THEREFORE, in consideration of the mutual
covenants herein contained, the parties hereto stipulate and
agree as follows:
1. At such time as houses are constructed on the
lots in the subdivision, Owner agrees to construct a ditch
along the upper (north) side of Willoughby Wey and install
"
12" culverts under the three (3) driveways anti one (1) 12
culvert across the County road and to pay the costs of
repairing the pavement on the County road as a result of
such installa t. ions; all such installations shall be approved
by the County Engineer, whose approval shall not be
unreasonably withheld.
e, .
E
i
~,
:.~ .~_
i
t
,i
~I
~~.
_.~. _ ..
~'
-_- .. I
2. A11 free market (unrestricted) dwelling units
in the subdivision shall contain not more than one (1)
fireplace per dwelling unit and the employee (restricted)
units shall not have any fireplaces except for eff i.c ient
woodburninS stoves.
3. A final certificate of occupancy shall not 6e
issued for a completed house in the subdivision anti: such
time as the driveway leading to the house has been paved.
4. All new buildings constructed in the
subdivision shall exceed Pitkin County's presdnt "energy
conservation and thermal insulation standards" by at least
twenty percent (20E). Any person seeking a building permit
for construction in the subdivision shall submit an energy
conservation report with his building permit application.
~; I
f
5. The Owner shall comply with th~~.
recommehdations o£ Nicholas Lampiris, Ph.D., Cnn ;c lting
Geologist, pertaining to the Salvation Ditch in his report
of June ], 1981.
6. A11 of the low income restricted housing ::hall
::e constructed either prior to or simultaneously with the
construction of the unrestricted housing on each lot. In
the event any lots are sold by the Owner, any free market
(unrestricted) unit constructed o:. ouch lot may not be
lawfully occupied and a certificate of oo-~.upancy shall not
be issued therefore ant it a certificate of occupancy is
issued for the associated low income (restricted) housing
unit.
7. Any lot owner in the subdivision shall be
entitled to use the tennis courts in the subdivision located
on Lot 4, provided the lot owner has first reimbursr_d Owner
(John H. Cheek, Jr.) for the lot owner's proportionate share
of the cost of constructing the courts and thereafter the
lot owner pays Owner for the lot owner's proportionate share
of the cost of maintaining the tennis courts. A lot's
proportionate share shall be equal to one over the total.
number of lots using the tennis courts. The use of the
courts shall be governed by rules and regulations
promulgated by the Owner who shall supply current copies of
the .rules and regulations to the: lot. owners on a regular
basis at least annual.l.y.
e
~~
{ ~.
~a
~~
'y
- 2 -
~K
,.-
.:M.,e.»..._____ ,
_... - .:
,.
e~,(~K42J .,,:604 ~ : .
8. No lot in the subdivision may be further
subdivided so as to treat:. any more lots or any lots of
smaller area than arc indicated on the Plat of the
subdivision.
i
t
9. In the event a lot is conveyed as vacant land
the Purchase: of such let, at the time the lot is developed,
shall be obligated to construct ,+.ithez a two-bedroom or
three-bedroom employee unit concurrent with any other
development on the lot. At such time as either two (2)
two-bedroom employee units or two (2) three-bedroom employee
units have been developed in the subdivision, then the
remaining lots must be accordingly developed so there will
be a total of two (2) bno-bedroom employee units and two (2)
three-bedroom employee units in the subdivision. In
computing the rental _or sales price of. any employee units
per square foot, the maximum square footage to be used in
such computat~~on shall be eight hundred (BO0) square feet
for the two-bedroom units and one thousand seventy-five
(1,075) square feet for the three-bedroom units. A
developer may construct larger units but shall not cha rge
for the additional square .footage.
10. On execution of this agreement by all parties
hereto and receipt by tie County of appropriate recording
fees, the County agrees to approve and execute t'.ie final
plat andto authorize the recording of the same in the real
property records of Pi t}:in County, Colorado.
TILE BOARD OF COUNTY COMMIBSICNEP.S
OF PITKIN COUNTY, COLORADO
By_ Chairman
ATTEST
By County Clerk
APPROVEC AS TO FORM:
ey_
Sandra Stuller,
County Attorney
i
- 3 -
JOi1N H. CHEEK, JR.
ex ..
~~ a
r~
F
€~
r
~::"_~
.T .
x~ul42J ~. 60
~~ STATE OF COLORADO 1
55.
COUNTY OF PI'fKIN 1
(1 Acknowledged, subscribed and sworn to before me this
, 1982, by
Say of
__
d the Chairman and Secretary,
an
respectively, of the ^oard of County Commission:-cs of Pitkin
County, Colurado.
Witness my hand and official seal.
- My commission expires:
My address is:
Notary Publ l-'c
~- STATE OF ~
ss.
COUNTY OF ~
Acknowledged, subscribed and sworn to before mP this
day of 1582, by JOHN H. CHEEK,
JR.
~
'.b Witness my hand and official seal.
,
-_ My commission expires:
^,~ My address is: _
{
`
~ -Notary Public
,,
.,
A
@~
[
S
r
0
~<
~~ tyI
I
i
~I
t?
k.
t 4 s ~
-.r.
/:,; n?7. t`.n;.' :~E?C. 9t.C1i~ 9!C 641 ":i 266
~i33OO64 '
,. ., .~., ,. r',
EXHIBIT S
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLARADO, APPROVING THE CNEER SUBDIVISION
IAT 5 INSUBSTANTIAL CHANGE TO A RECORDED PLAT AND
AMENDMENT TO RESOLUTION NO. 82-72
Resolution No. 91-f~
WHEREAS, Robert Gillman (hereinafter "Applicant") has
requested that the Board of County Commissioners of Pitkin
County, Colorado (hereinafter "Board") permit the applicant to
modify their Growth Management Quota System (GMQS) commitment to
provide an on-site 3-bedroom low income employee housing +init to
an on-site 2-bedroom low income employee housing unit and pay the
cash-in-lieu equivalent of one low income bedroom; and
WHEREAS, the Board heard this request at their regularly
scheduled public meeting on February 26, 1991 at which time
evidence and testimony was presented with respect to this
application; and
WHEREAS, the Board finds that the Applicant's proposal to
eliminate one low income bedroom and provide the cash-in-lieu
equivalent payment does not change the original GMQS scoring of
the Cheek project; and
WHEREAS, as a result of this proposal, the revised Lot 5
development consists of a free market residence and a two bedroom
low income employee unit of between 700 and 800 square feet.
NOW, THEREFORE, DE IT RESOLVED by the Board that it does
hereby amend the Cheek Subdivision Final Plat and Special Review
approval subject to the following conditions:
`-
•...... ~i*L'?II.7h~~+1Q'Ti.2~l'VCYt~'~,S'~~S~4fi"k:"T.
ry-?-'p,-~ribq ;. '1/',-pox .. ._. .. F2~ m.. it0 B!" 641
~' ~. - ~.. "tic ~RI'~~.. ;?n r- T•
Resolution No. 91-~
.:M'
V . ~ ~Y„~'.p_
f'•G 287
int
1. The cash-in-lieu payment for the equivalent of one low
income bedroom shall be determined by the Aspen/Pitkin
County Housing Authority at the time of issuance of a
buildinq permit, and paid by the applicant, prior to
the issuance of a building permit for Lot 1.
2. The applicant shall amend the Subdivision Improvements
Agreement to reflect this amendment prior to issuance
of a building permit.
3. All conditions of Resolution No. 82-72 shall remain,
unless amended by this resolution.
APPROVED by the Board at its regular meeting on February 26,
1991.
ATTEST:
'} ~
i
BOARD OF COUNTY
OF COUNTY COMML
1
By
wayn Ethridge, airman
J anette Jones,(
Deputy CountgiClerk
APPROVED AS /TO FORM:
-~~ ` ~ 4 .
Tim it i , 'l.
County A rney
AS TO CONTENT:
~~
Pl
reso.bocc.se.gillman
~,. .
HOLLAND & HART
ATTORNEYS AT LAW
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
JACKSON
WASHINGTON, D.C.
600 EAST MAIN STREET
ASPEN, COLORADO 8161 I-1953
October 27, 1994
TE LEPHONE (303)925-3476
FACSIMILE (303) 925-9367
CHARLES T. BRANDY
HAND DELIVERED
Mr. Tim Malloy
Aspen/Pitkin Planning office
130 South Galena Street
Aspen, Colorado 81611
Re: Dubofsky Application to Allow Off-Site Mitigation
of Housing Requirement
Dear Tim:
Accompanying this letter is the additional filing fee check
in the amount of $60.00 and five (5) copies of the Cheek
Subdivision Plat you requested. I am also providing you with
five (5) copies of the topographic survey of Lot 5 which shows
the steepness of the lot which restricts the buildable area as I
explained in the Application.
If you need anything else, please give me a call.
Very truly yours,
~~~
Charles T. Brandt
for HOLLAND & HART
CTB/pal
Enclosure
cc: Mr. Robert Dubofsky (via fax)
HOLLAND & HART
ATTORNEYS AT LAW
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
JACKSON
WASHINGTON, D. C.
600 EAST MAIN STREET
ASPEN, COLORADO 81611-1953
October 25, 1994
TELEPHONE (303) 925-3476
FACSIMILE (303) 925-9367
CHARLES T. BRANDY
HAND DELIVERED
Mr. Tim Malloy
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Dubofsky Application to Allow Off-site Mitigation of Housing Requirement
Dear Tim:
Accompanying this letter are the following items relating to the referenced
Application:
1. Pre-Application Conference Summary;
2. Five copies of the completed Land Use Application;
3. Check in the amount of $215.00 to cover the Application fee;
4. Agreement for Payment of Pitkin County Application Fee.
Please let me know immediately if there is any additional information you need in connection
with this Application.
For your information, the off-site unit has yet to be purchased by Mr. and
Mrs. Dubofsky. Two Aspen real estate brokers are working on finding a suitable unit and
are in constant touch with Housing Director Dave Tolan. One particular unit is under
serious consideration at this time, but I do not believe it has been placed under contract.
V ly yours,
L4
arles T. Brandt
fot HOLLAND & HART
CTB/pal
Enclosure
cc: Mr. Robert Dubofsky (via fax)
Dave Tolan
ASPEN/PITKIN
COMMUMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO: County Attorney
Housing
FROM: Suzanne Wolff, Planning Office
RE; Dubofsky Minor Amendment to a Development Permit
Parcel ID N2735-121-06-005
DATE: November 1, 1994
Attached for your review and comments is an application submitted by Robert and
Betsy Dubofsky.
Please return your comments to me no later than November 14.
Thank you.
t
ASPEN/PITKIN PLANNING OFFICE
Pitkin County (hereinafter COUNTY) and Robert and Betsy Dubofsky
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1, APPLICANT has submitted to COUNTY an application for
Amendment to Conditions of approval for Lot 5, Cheek Subdivision to
allow off-site mitigation of the housin re uirement.
(hereinafter, THE PROJECT).
2, APPLICANT understands and agrees that Board of County
Commissioners Resolution No. 91ic~ationsd (O d ding onsult nt coss)1 asepartf of
structure for Planning Office app
theS PPa condition precedent to a dePROJ aCoT anod aPP lca ion comple enessssing
fe
3. APPLICANT and COUNTY agree that because of the size, nature or
scope of the proposed project, it is imcationlu onain tiation of fcase p ocessinge
costs involved in processing the app P.
APPermitA a ment of anrin tialudeposrt and to permit additionalrcostsf t be Udled
top P y
oreatericash liq idity and wPl make addgional paymenteupon not fi anon by the
g
Co benefit d through the greater ce taintyaof recoveringCO ~Ni c grto P ocess
be
APPLICANT'S application.
4. COUNTY a lete PPocessng orlphesentrsuffhc entlinfopmationtlo the
COUNTY staff to comp P
Planning Commission and/or Board of County Commissioners to enable t e
Planning Commission and/or Booval~unlessncurrent billings are paid n full prior
required findings for project app
to decision.
s9
OCT 21 '94 13 26 HOLLRND 4RRT RSPEN
P.Si9
5. Therefore, APPLICANT "agrees that in .consideration of the
COUNTY's waiver of its right to collect full fees prior ta. a determination of
application completeness, APPLICANT' shall pay an initial deposit in the amount
of $ 21s. oo which is for hours of Planning Office time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional
monthly billings to COUNTY to reimburse the COUNTY for the processing of
the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of
processing.
PTl'KIN COUNTY
$~:
S e Konc
County Planning Director
APPLICANT
- ___ _
,~
Mail' Ad res - s Harbor Way
Date October 20^ 1994
Kings Point, NY 11024
z
_ ASPEN/P ~I ~p~~MN~tOFFICE
Aspen, Cobrado 61611
(303) 920-5060
LAND USE APPLICATION FEES
cm:
-63250-134
-63270-136
X3280-137
-63300-139
-s331o-1ao
X3320.141
113330-150
-63432-157
-63432-157
-MR011
HISTORIC PRESERVATION:
133335-151
113336-152
-63337-153
-63338-154
-63339-155
COUNTY:
-s31so-12s
-63170-127
-63180-128
-63190-129
-63200-130
113210-131
-&3220.132
-53230-133
-s32aa1as
1;33aso-1as
-63235-148
REFERRAL FEES:
-63360-143
00118 X3340-163
00123 -63340.190
00125 X3340-205
PLANNING OFFICE SALES:
-63080-122
-69000-145
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
All-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sgn Permd
Use Tax for Sign Permits
Exemption
Minor
Major Devel.
Sgn'rf. Devel.
Demolition
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Fnal
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering -County
Engineering -City
Housing
Environmental Health
County Code
Olher(Copy Fses)
Name: ~O~V ~~
- / Wa. h.
Address ~ E~ N
7a~~-~is> o0 6
Check fl: ~~-
o s q9y- 6U 4v _ .
TOTAL
~-
Z_~-
-_~-
l/ Phone: L
Project: ~ / s
~//02
!~ /~i No of Copes: /
f~F~~^~ ASPEN/PITKIN PLANINNG OFFl~E ".~~
t3o south oeMnrr Sreet
Aspen, C2obrado 81811 n
LAND USE APPLICATION FEES ~(~3S /~~ ~ U 6 ~ S ~~~0 "`
CITY:
-63250-134 GMP/Conceptual
-63270-136 GMP/Final
-63280-137 SUB/Conceptual
-63300-139 SUB/Final
-63310-140 All-2 Step Applications
-63320.141 All 1 Step Applications
-63330-150 Staff Approval
-63432-157 Zoning Plan Check
-63432-157 Sign Permd
-MR011 Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151 Exemption
-63336-152 Minor
-63337-153 Major Devel.
-63338-154 Sign'rf. Devel.
-63339-155 Demolitbn
COUNTY:
-63160-126 GMP/General
-63170-127 GMP/Detailed
-63180-128 GMP/Final
-63190-129 SUB/General
-63200-130 SUB/Detailed
-63210-131 SUB/Final
-63220-132 All 2 Step Applications
-63230-133 All 1 Step Applications
-63240-149 Staff Approval Z ~ S -
-63450-146 Board O7 Adjustment
-63235-148 Zoning Plan Check
REFERRAL FEES:
-63360-143 Engineering -County
00115 -63340-163 Engineering -City
00123 -63340-190 Housing
00125 -63340-205 EnvironmentalHeaRh
PLANNING OFFICE SALES:
-63080-122 County Code
-69000-145 Olher(Copy Fees)
/ TOTAL _ Z~
Name: ~0~4 ~~-t~,D~$/L~, Phone: .J
Address: ~ ~ t~ E i/0. Project: 1 ~ b'I c I '
llir ~ ~,,,,L /~/ iro2 ~yuJ f ~~.th~~
Check •: ~ Date: ~ ~i 7 ~ ~ No of Copes: /