HomeMy WebLinkAboutcoa.lu.co.1560 Silverking Dr.0014.20071560 SIT VERKING DR 0014.2007.ASLU
273502401006 CONDOMINIUMIZATIO1
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Permit Type �asiu --pen Larnj Use
Permit 1i p014 2007.A5LU
Address r1560 SILVI]2KIN5 DR
gpVSuie
_...___ ... .-.
City ASPEN
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State FCd Zip l611
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Permit
Routing Queue aslu07Applied JFW J2001
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{Master
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Prcged j
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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
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j Lender
Last Nan, - j
Fist Name j
Phone
Enter the master peimit number
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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
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Cb—IM-an of the Board
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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 �