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HomeMy WebLinkAboutcoa.lu.co.1560 Silverking Dr.0014.20071560 SIT VERKING DR 0014.2007.ASLU 273502401006 CONDOMINIUMIZATIO1 # 0 File Edit Record Lavigate Form Repots Format Tab Help Jump 1 y o Main Custom Fields Fees Actions Parcel- Ro&$ing Status Fee Summary Routing History Attachments - Permit Type �asiu --pen Larnj Use Permit 1i p014 2007.A5LU Address r1560 SILVI]2KIN5 DR gpVSuie _...___ ... .-. City ASPEN ..... State FCd Zip l611 � j J r Permit Information _.,. cn I Permit Routing Queue aslu07Applied JFW J2001 �. {Master Q Prcged j �j Status ip-&Q Approved Description iiSUBDMSION EXEMPTION - CONDOMIUMIZATION Issued E Final ` Subiimitted GREGORY S GORDON 925.1336 Clodt RMVV Days r 0 Evies 31D3/M ................. Owner _.__.... Last Name jSILVEPKM LLC Fust Name 1%0 SILVERKING DR --e_1ASPEN Phone (970)948.5597 CO 81611.1049 Owner is App6cmit? u pPbcant Last Name 5, &*-RKM LLC J Fist Name! 1560 SILVERKING DR _......_ ASPEN CO GIS11.1049 Phone .(970) 945W559, i Cust tt i jM12 j Lender Last Nan, - j Fist Name j Phone Enter the master peimit number r.spenGokAbj F;r_inJ I ;r ' 1 ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 BY HAND Sara Adams Preservation Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com February 23, 2007 AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1939 Gregory S. Gordon Aspen Office ggordonCa,garfieldhecht.com RE: Application for Subdivision/Condominiumization of 1560 Silverking Drive, Aspen, Colorado 81611 (the "Property"). Dear Sara: Silver King, LLC, a Colorado limited liability company ("Applicant"), respectfully submits this letter as part of its subdivision application seeking permission to condominiumize the above referenced Property. The following information is required by Aspen Land Use Code sections 26.304.030 B., and 26.480.090: • Name of Applicant: Silver King, LLC, a Colorado limited liability company; • Applicant's address: c/o Garfield & Hecht, P.C., attn: Gregory S. Gordon, 601 Hyman Avenue, Aspen, Colorado 81611; • Applicant's telephone number: (970) 925-1936; • Name address and telephone number of representative authorized to act on behalf of Applicant: Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 81611, tel.: (970) 925-1936, fax: (970) 920-4433; • Street address of property: 1560 Silverking Drive, Aspen, Colorado 81611; • Legal description of property: Lot 35, West Aspen Subdivision, Filing No. 2 according to the plat thereof recorded in Plat Book 3 at Page 308, City of Aspen, County of Pitkin, State of Colorado; :—r • Parcel identification number of Property: 273502401006. FEB 9 3 2007 r,,, Lfi EtWONG DEFA,RTMENT ® Printed on recycled paper GARFIELD & HECHT, P.C. Sara Adams February 23, 2007 Page 2 Applicant respectfully seeks approval to subdivide the Property into two (2) condominium units and create the Lofts at Silverking Condominiums subdivision. A condominium plat and current title commitment from Stewart Title Guaranty Company showing Applicant as owner of the Property are enclosed. Thank you in advance for your consideration. Please contact me once you have had a chance to review the enclosed materials. Very truly yours, V Gregory S. Gordon Enclosures Cc: Briston Peterson (via e-mail) Craig Morris (via e-mail) Chris LaCroix can Land Title Association Commitment — 1982 TITLE INSURANCE COMMITMENT BY st ewart. ----title guaranty company Order Number: 45746 We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and 11 of SCHEDULE B. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Stewart. - - tme guaranty company n r,�x 00.1 Cb—IM-an of the Board 4 z N'• 1 9 0 8 ps . Countersigned: Authorized Countersignature Stewart Title of Colorado Inc. - Aspen Division 620 East Hopkins Avenue Aspen, CO 81611 (970)925-3577 Order Number: 45746 Page 1 of Cwnmitmem — 3 W/O Disclosure t�2'66l dRp i • C� 1. DEFINITIONS CONDITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that five constructive notice of matters affecting your title — according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B — Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B — Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B — Section I. or Eliminate with our written consent any Exceptions shown in Schedule B — Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment Order Number: 45746 Page 2 of 2 Commitment — 235 W/O Disclosure • 0 COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: January 9, 2007 at 7:30 a.m. 1. Policy or Policies To Be Issued: ( ) ALTA (1992) Owner's Policy Amount: ( ) Standard ( ) Extended Premium: 2. Order Number: 45746 (X) ALTA 1992 Loan Policy Amount: $4,090,000.00 (X) Standard ( ) Extended Premium: $3,249.00 Proposed Insured: Wells Fargo Bank, N.A., its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Silver King LLC, 5. The land referred to in this Commitment is described as follows. A Part of: Lot 35, WEST ASPEN SUBDIVISION, FILING NO.2, according to the Plat thereof recorded September 4, 1968 in Plat Book 3 at Page 308 as Reception No. 132135. NOTE: THE LEGAL DESCRIPTION WILL BE AMENDED ACCORDINGLY. UPON FILING OF THE RESUBDIVISION PLAT AND DECLARATION COUNTY OF PITKIN, STATE OF COLORADO. Statement of Charges: Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Reissue Rate Tax Certificate $ 20.00 Form 100 $ 50.00 Form 8.1 $ 50.00 Form 110.5 $ 970.00 Form 110.7 $30.00 • Title Examiner: Chuck Dorn E-mail: Chuck Dom Escrow Officer: Laura Urban E-mail: Laura Urban 11 SCHEDULE B — Section 1 REQUIREMENTS Order Number: 45746 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: Release of Deed of Trust Dated: May 27, 2005, Executed by: Silver King LLC, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $5,910,000.00, in favor of: Wells Fargo Bank, National Association, Recorded: May 27, 2005 as Reception No.: 510642. NOTE: Disburser's Notice recorded May 27, 2005 as Reception No. 510641, given in connection with the above Deed of Trust. NOTE: Modification of above deed of trust increasing the amount to $6,612,961.00, and changing its terms, recorded November 21, 2006 as Reception No. 531372. 2. Duly executed Indemnity Agreement by Briston Peterson indemnifying Stewart Title of Aspen, Inc. against any and all loss or damage due to rights and claims of parties established by virtue of construction of improvements located on the subject property. (Form available from Stewart Title). 3. Duly executed affidavit by the chief executive officer or general partner of * stating that: 1. They are the general contractor for all improvements constructed on the subject property. 2. All construction has been completed. 3. They have been paid in full. 4. All subcontractors and/or any parties which provided lienable services or materials for said construction project have been paid. 5. A complete list of names, addresses and phone numbers of all subcontractors/suppliers are attached to the Affidavit. 0 4. Indemnity and Affidavit as to Debts. Liens and Leases, duly executed by the borrower and approved by Stewart Title of Aspen. Inc. 5. Resubdivision Plat and any Declaration coverying it. NOTE: PLEASE PRESENT THESE TO STEWART TITLE PRIOR TO RECORDING 6. Deed from Silver King LLC, vesting fee simple title in Briston Peterson Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. Deed of Trust from Briston Peterson to the Public Trustee for the use of the proposed lender to secure loan. • Order Number: 45746 SCHEDULE B — Section 2 EXCEPTIONS The policy or policies to be issued -Rill contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded October 27, 1892 in Book 55 at Page 33 as Reception No. 49768. 9. Easements and restrictions as shown on the Plat of West Aspen Subdivision Filing No. 2, recorded September 4, 1968 in Plat Book 3 at Page 308 as Reception No. 132135. 10. Terms, conditions, reservations and restrictions as set forth in Accessory Dwelling Unit Deed Restriction recorded August 18. 2000 as Reception No. 446238. 11. Terms, conditions, obligations and provisions of Affordable Housing Impact Fee Deferral Agreements as set forth in instruments recorded May 6, 2005 as Reception No. 509799, and recorded May 6, 2005 as Reception No. 509800. • • 12. Underground Right -of -Way Easement granted unto Holy Cross Energy, a Colorado corporation as set forth in instrument recorded December 12, 2005 as Reception No. 518312. 13. Terms, conditions, obligations, provisions and easements of Trench, Conduit, and Vault Agreement between Silver King, LLC and Holy Cross Energy, a Colorado corporation as set forth in instrument recorded December 12, 2005 as Reception No. 518313. 14. All matters shown on the Resubdivision Plat to be recorded 15. Declaration covering subject property to be recorded. NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. • • DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a Special Taxing District; B. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent; C. Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VE requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado Inc. - Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. The Company must receive payment of the appropriate premium E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File Number: 45746 Stewart Title of Colorado Inc. - Aspen Division Disclosures Paee I of I • 0 PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado Inc. - .Aspen Division and Stewart Title Guaranty Company We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. He Number: 45746 Stewart Title of Colorado Inc. - Aspen Division Privacy Policy Notice Page I of I 0 • APl'1.iC:ANI : Name. Local ion: Purcel !D 9 (R OVIR LAND USE APPLICATION Silver King, LLC, a Colorado limited liability company 1560 Silverking Drive, Aspen, CO 81611 (indicate sheet address, lot & block number, legal deseription where appropriate) 273502401006 ------------ REPRESEN IAfIVF: Narrtc: Gregory S. Gordon, Garfield & Hecht, P.C. Address: 601 East Hyman Ave., Aspen, CO Phone It: 925-1936 PROJEC. I: Narrtc: The Lofts at Silverking Address: legal description attached as Exhibit "A" i'hone #: (970) 925-1936 l`vl'F; OF APPLICA I ION: (please check all that apply): F� .....-......... ....... -- - — ('oodilional Use ❑ — --- (bnceptual PUD ❑ Conceptual I listoric Devl [=j Special Review ❑ I, final PUD (& PUD Amendment) ❑ Final 1-listodc Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Ilistoric Dcvt. U (,MQS Aliottnent F Mimi SPA (& SPA Amendment) EI Histotic i•k;molition ❑ (3MQS f,xemption ❑�(/ Subdivision ❑ historic Designation [, I,SA - 8040 0-eenitne, .Stieam SUbdivislOn F.xemptlon (inchides U Sinai] Lodge COnveisioid Margin, Hallam Lake BIuIT, condoniiriiumization) Fxpansion Mountain View Plane [ Lot Split [] -1 c iporary Use ❑ Amendment Exis PING (`ONDI I IONS: (de.%EjLi i )n of existing buildints, usey,�xevious approvals, etc..) Property is improved with a two unit duplex residential dwelling and appurtenant land areas. PROPOSAL: (description of proposed buildings, uses, modi lications, ctc. Condomiumization. Have you attached the. bellowing? FEES DIE : $ . ❑ Pre -Application Ccuifctcnce Summaty Attachment Ill, Signed Fee Agreement ❑_ Response to Attachment 113, Dimensional Requit�:menls Fotm (J Response to Attachment t14, Suhmittal Requitemews- Including Written Responses to Review Standards RETAIN FOR PERli MW MCM • LA CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavmenr. of Citv of Ashen Development Application Fecs CTIYOT-ASl'1sN(herci„afterCt"fY)an(ISilver King, LLC, a Colorado limited liability company (hercinal'tor APPT TCAN 1) AGI:1;L AS FOLLOWS: T. APPLICANT has submitted to CITY an application for _The Lofts at Silverking ___.._.. (hereinafter, 111E PROJE.C:1) 2. APPI ICAN I understands and ag t". that City of Aspen Ordinance No 57 (Series of 2(XX)) establishes a fee stnncturc for land TTsc applications and the payment of all processing; fees is a condition precedent to a determination of application completeness 3 APPLICANT and CITY agree tltat because of the size, nature or scope of the. proposed project, it is not pcusible at this time to ascertain the full extent of the costs involved in processing the application APPLICAN1' and C1IY further agree that it is in the interest of the parties that APPLICAN T make payment of an initial deposit and to thereafter permit additional costs to be billed ro APPT.TCANT on a monthly basis APPi.IC:ANI agrees additional costs may accrue following their hearings and/or apl,tnvals APPLIC'.A.tN1 agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the C'll Y when they are necessary as costs are incurred C'1 f Y agrees it will be benefited through the greater certamLy of recovering its fitll costs to process APl'LIC:AN'f :S application. 1 CITY and APPTICANT further agree that it is impracticable for CiTY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project: consideration, unless current billings are paid in full prior to decision. 5 Therefore, APPT.tCANr agrees that in consideration of the CIIY's waiver of its right. to collect full frees prior to a determination of application completeness, APPT TCAN 1 shall pay an initial drlxsit. in the amount of $L'V5 which is for hours 01 C ommunit.y Development staff time, and if actual recorded costs exceed the initial deposit, APT111CANI shall pay additional monthly billings to (11 Y to reimburse. die. CTTY for the processing of the application mentioned above, including post approval review at a rate of $235 00 per planner hour over the initial deposit. Such periodic payments shall be made within:10 days of the billing date. APPLICANT farther agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building peonies be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPT.TCAN1' Gregory S. Gordon Date: February .28,--200 — Billing Address and Telephone Number: Required c/o Garfield & Hecht, P.C. 601 East Hyman Avnue Aspen, Colorado 81611 925-1936 C:\Documeims and Scrtsings\johannahr\Dcsktop\?007 Land Use fces.doc RETAIN FAR PERMANENT REC01tD EXHIBIT "A" Legal Description Lot 35, West Aspen Subdivision, Filing No. 2 according to the plat thereof recorded in Plat Book 3 at Page 308, City of Aspen, County of Pitkin, State of Colorado To Date: Project: / Jeffrey A Tuttle P.L.S. �14,tF,`t Lr-7,> T Tuttle Surveying Services 226 Heather Lane C� Glenwood Springs, Co. 81601 Ph. (970) 928-9708 D � /0 Z-/O Fx. (970) 947-9007 Email jeffgtss-us.com wztS -, Thank You, Sincerely Jeffrey A. Tuttle P.L.S. S i �