HomeMy WebLinkAboutLand Use Case.900 W North St.0042.2008.ASLU~._
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECT ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0042.2008.ASLU
2735-12-2-13-001
900 W NORTH ST
JENNIFER PHELAN
SUBDIVISION EXEMPT
JENN HALL
11/12/2008
CLOSED BY Angela Scorey
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File EdR gemrd yays3ate Fgm Reports Format Iab tie4
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mi TYPa ~as/a JASpen LanO Use PermR f ~0092.2008.ASlU
Addres 900 W NORTH ST J AptfSUite
City ASPEN 4ete CO . Zq Blfill J
Nestor PormT~J Rou[In9 Qeeua aslu07 Applied f30f2008 J
Pro(ect J $taN6 pending Approved ~J
Description CONDOMINIUMRATION aF E%ISTING STRL1CTLpE AT 900f910 W. NORTH STREET Tswed ~J
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Subniited TENN HALL-9709041091 Cork RunrYnq Daysr ~ Expires 0912512009 J
__.
Owner __... _ _.
Last Name MEADOWS NORTH, LLC J Frst Name ~ 675 MEADOWS RD
Phare (WO)925-5050 ASPEN CO elan
r Ovaer Is Appkant7
ADdicant
Last None MEADOWS NO0.TH, LLC ~ F# Name ~ 675 MEADOWS RD
Phae (9]0)925-5050 Curti 28404 ~I ASPEN C061611
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Lander __..
Last Norte ~J Fret Name
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PROJECT:
ATTACHMENT2-LAND USEAPPLICATION
Name: ~~aG~t~uJ~ /Ucm~~r ("OYZ,~f~rrunl~ufnitCc~b/1
Location: JOC ~-/~O Ce%-a T' iL%~~e;th ~JTi`Cti~-- /Ps~r1./a-flaC~c~~/
'cafe street address lot a@ block number le descri tion where o
Parcel ID # (REQUIRED) 735 I a a, /3a E~ /
APPLICANT:
Name: l~~~~niT> ~, f~0i'tI'1 ~, LL- ~~
Address: `-]? ~ ~~P G~~L~ GcJ Cki tf 1 V~P t ~~~F-Y1 ~ C C')~~,' ~ (9 ~
Phone#: Cj-7U ~- cj } S -- SD 50
REPRESENTATIVE:
Name: Y ~ ' (A ( ~ ~ ~'
Address: ~ ~' ~ ~C t C: ~ ~ ~~
Phan #: ~ , i -- Cry - U«
TYPE OFAPPL[CATION: (please check all that apply):
^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use
^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ Text/Map Amendment
^ Special Review ^ Subdivision ^ Conceptual SPA
^ ESA - 8040 Greenline, Stream
~ Subdivision Exemption (includes ^ Final SPA (& SPA
Margin, Hallam Lake Bhrff, condominiumi~on) Amendment)
Mountain View Plane
^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/
Expansion
^ Residential Design Variance ^ Lot Line Adjustment ^ Odrer:
Conditional Use
Have you attached the following? FEES llUE: 5 ' I ~ 7 Wi`t'
^Pre-Application Conference Summary
^ Attachment #1, Signed Fee Agreement
^ Response to Attachment #3, Dimensional Requirements Fam
^ Response to Attachment #4, Submittal Requirements- Inch~ding Written Responses to Review Standards
^ 3-D Model far large project
All phu>S that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written tent
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic ~D model. Your pre-application wafereoce summary wiR indicate it' you moat arbmit a 3D model.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429-2759 DATE: 9/26/08
PROJECT: 900/910 W. North Street
APPLICANT: Sallie Golden
REPRESENTATIVE: Jennifer Hall
TYPE OF APPLICATION: Condominiumization
DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure.
Condominiumi7ation review (which is a form of subdivision) is required in order to create a
condominium form of ownership
Land Use Code Section(s)
26.304 Common Developmertt Review Procedures
26.480.090 Condominiumizatlon
Review by: -Staff for complete application
- Community Development Director for condominiumization
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of stafftime (addifional stafftime required is billed at $235 per hour)
Referral Fees: None
Total Deposit: $735.011
Total Number of Application Copies:
Subdivision and associated reviews: 2 Copies
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre-application Conference Sununary.
7. An 8 1/2" x I 1"vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Proposed condominium plat.
10. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
11.A11 other materials required pursuant to the specific submittal requirements.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current inning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
.~oreement for Payment opf~City of Aacea Devekoment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and ! ~l Q0. CtL7 :, Nf?YL{~{'l , L i~ ~'_
(hereinafter APPLICANT) AGREE AS FOLLOWS:
!1 1. APPLICANT has submitted to CT)'Y an application foF -
lY)rY~nt"YIIYI II,I VYL17~."~1 DYl C eiCi;S~]~n~ ~ ructu~~. ctfi" ~.
(hereinafter, THE PROJECT)
0 L(l, Naz-1h ~treFt
2. APPLICANT understands and agrees that the City of Aspen has an adopted fce structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of fhe costs irnolved in processing the application.
APPLICANT and CITY furflter agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to iheteafter pewit additional costs to be billed to APPLICANT m a monthly basis.
APPLICANT agrees additional coat may accrue following their beatings and/or approvals. APPLICANT agrees be
will be benefited by retaining greater cash liquidity and will make additional payments upon ratification by the
CITY when they are necessary as costs are incurred. CTTY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT finther agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historin Preservation Commission, Planning and Zorring
Commission a~/or City Council to enable the Historic Preservation Commission, Flaming and Zoning
Commission and/or City Council to make legally required findings for project consideration, udess current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in considemtion of the CTTY's waiver of its right to collect
full fees prior to a dektmination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ r135 . ~ O which is for _~_ hours of Commumity Development staff time, and if actual
recorded costs execed the initial deposit, APPLICANT shall pay additional mmtlrly billings to CTTY to reimburse
the CITY for the processing of the application mentioned above, including post approval review a< a rate of $235.00
P~ Flamer hour over the initial deposit. Such periodic payments shell be made within 30 days of the billing date.
APPLICANT further agrees tluat failure to pay such accrued costs shall be grounds for suspension of processing, and
in m case will buildnrg permits be issued until all costs associated with case processing have been paid.
C1TY OF ASPEN
~~
Chris Bandon
Community Development Director
APPLICANT
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Billing Address and Tekphoae Number.
,yl it ~ r3 I (u l 1 _
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covenant and agree to pay to the Association Common Expense assessments as the same are
levied from time to time. Such assessments shall include late charges, attorney fees and costs
of collection charged by the Association. All Common Expense assessments shall be the
personal obligation of the Owner at the time when the assessment becomes due. No Owner
shall convey its Unit unless and until all sums due the Association and not assumed by the
transferee are currently paid. The Common Expense assessments shall be a continuing lien
upon Unit Against which each such assessment is made and is subject to the Association's right
to foreclose as provided by the Act. Acceleration of any installment of the annual Common
Expense assessment shall be in the Association's sole discretion on a case by case basis.
Section 5.3 Apportionment of Common Expense. Common Expenses shall be assessed
against the Units equally on a fifty-fifty (50/50) basis, regardless of any expansion of a Unit
which may be provided for herein.
Section 5.4 AssessmenUCommencement of Common Expense Assessments. The
Common Expense assessments shall be levied by the Association based upon the Executive
Board's advance determination of the cost of any item of Maintenance or the amount of an
Insurance premium from time to time.
Section 5.5 Effect of Non-Pavment of Assessments. Any assessment provided for in
this Declaration, or any installment thereof, which is not fully paid within fifteen days after the
due date thereof shall bear interest at the rate of twenty-one percent (21%) per annum. Further,
following ten (10) days' notice in writing given to the Owner, the Association may bring an action
at law or in equity, or both, against any Owner personally obligated to pay such overdue
assessment, or installments thereof, may accelerate the due date for payments of all
installments remaining for the budget year, and may also proceed to foreclose its lien against
such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the
foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount
due, including interest and costs. An action at law or in equity by the Association against an
Owner to recover a money judgment for unpaid assessments or installments thereof, may be
commenced and pursued by the Association without foreclosing, or in any way waiving, the
Association's lien therefor. For the purposes of collecting upon an unpaid assessment the
provisions of Article 3 above need not apply, and the non-delinquent Owner, acting alone, shall
have the right in the name of the Association and on its behalf or, as may be necessary, in the
name of such non-delinquent owner, to do and pursue all things that the Association is
authorized to do under this Declaration in the case of a delinquent assessment, and reference is
made to the provisions of Section 9.4 below.
ARTICLE 6
MAINTENANCE AND INSURANCE
Section 6.1 Maintenance
(a) Association's Responsibility. The Association shall be responsible for the
maintenance, replacement, and repair to assure the proper functioning and first class quality
(collectively, the "Maintenance") of all those portions of the Common Interest Community whose
Maintenance has not been assigned to an Owner by the remaining provisions of this Section
6.1. The Association's maintenance responsibility shall specifically include the maintenance of
the Common Wall, portions of the Utilities, and portions of the Drainage Structures as set forth
in this Article 6.
{00192361.000 / 31-6-
(b) Owner's Responsibility. For purposes of maintenance repair, alteration and
remodeling, an Owner shall have the right and the obligation to maintain, repair, alter and
remodel: (i) such Owner's Unit; (ii) any and all new additions to a Unit hereafter made by the
Owner thereof. Notwithstanding the foregoing, without the prior written consent of both Owners,
which consent shall not be unreasonably withheld, no Owner shall: (i) modify the Common Wall;
the Utilities, or the Drainage Structures.
(i) Maintenance of Utilities. For any Utilities located within a Unit and
which serve both Units, the Owner of the Unit in which such Utilities are located shall also be
the Owner of the Utilities located within such Owner's Unit, provided however, that for any
portion of such Utilities which serve both Units, the other Unit Owner served by the Utilities have
a right to use such facilities for their intended purposes, and the Association shall have the duty
to repair, maintain and replace such Utilities from time to time.
(ii) Maintenance of Drainage Structures. Additionally, for any Drainage i~
Structures located within a Unit and which serve both Units, the Owner of the Unit in which such
Drainage Structures are located shall also be the Owner of the Drainage Structures located
within such Owner's Unit, provided however, that for any portion of such Drainage Structures
which serve both Units, the other Unit Owner served by the Drainage Structures have a right to
use such facilities for their intended purposes, and the Association shall have the duty to repair,
maintain and replace such Drainage Structures from time to time.
Each Owner shall, at such Owner's sole cost and expense:
(i) keep and maintain in good order and repair the equipment and those
Utilities and Drainage Structures located in such Owner's Unit, which serve that Unit exclusively;
(ii) maintain in good order and repair any finishing or other materials on
the improvements in that Owner's Unit;
(iii) maintain in a neat and clean condition, the decks, yard, landscaping,
fences, walls, sidewalks, porches, roof, balconies or patio areas located on such Owner's Unit.
Section 6.2 Insurance.
(a) Association's Insurance. The Association may maintain from time to time
property insurance on the Common Wall, or portions of the Utilities or Drainage Structures
serving both Units for not less than the full insurable replacement cost thereof as the Executive
Board may establish from time to time. Each such insurance policy shall be written with an
insurance company licensed to do the business of insurance in the State of Colorado and shall
have a rating of "A" or better as shown in the published rating of AM Best Company.
(b) Owner's Insurance. Each Owner shall maintain such property and liability
insurance with respect to its Unit as such Owner may establish from time to time. Each Owner
shall use its best efforts to cause each insurance policy obtained by it to provide that the
insurance company waives all right of recovery by way of subrogation against the other Owner
and the Association in connection with any damage covered by any policy.
(c) Waivers. Subject to obtaining the wavier of subrogration endorsement
required by the Acf, the Owners release each other and the Association, and their respective
{00192361.DOC / 3}-7-
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authorized representatives, from any claims for damage to any person or to the Units that are
caused by or result from risks insured against under any insurance policies carried by the
Owners or the Association and in force at the time of any such damage.
(d) Obligation to Repair or Replace. In the event of a casualty with respect to the
Common Wall, or portions of the Utilities or Drainage Structures serving both Units, the
Association shall replace the Common Wall, or portions of the Utilities or Drainage Structures
serving both Units as necessary to restore them to their condition before the casualty event. A:
provided by the Act, the proceeds of the insurance earned by the Association shall be used for
such purpose and the Association shall be the trustee to receive the insurance awards and
cause the repair or replacement to be accomplished. If the cost of repair or replacement
exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as
determined by the Executive Board shall be a Common Expense assessed against the Owners
as set forth in Section 5.3 above, provided, however, that the Executive Board shall reallocate
such assessment between 900 West North Street and 910 West North Street Member Groups
to the extent that the restoration benefits do not benefit both Units substantially proportionately
to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the
misconduct of an Owner, the amount needed to effect the restoration after use of the
Association's and such Owner's insurance proceeds shall be assessed exclusively against such
Owner's Unit.
Section 6.4 Restoration Upon Condemnation.
(a) Total Taking. In the event of a taking of the total Real Estate by eminent
domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit,
after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After
acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the
Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the
Owners shall vacate the Units as a result of such taking.
(b) Partial Taking. In the event of a partial taking of the Real Estate by eminent
domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be
entitled to receive the award of such taking and after acceptance of the award of the taking by
the Owner and its mortgagees and lienholders, shall be divested of all interest in the Unit or
portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof
as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if
necessary, the Declaration shall be amended to reflect such taking.
ARTICLE 7
RESTRICTIONS ON USE
Section 7.1 Use and Eniovment of Unit. Subject to the limitations herein contained, each
Owner shall have the sole use and enjoyment of all areas marked on the Map as being part of,
or appurtenant to, such Unit. Furthermore, each Owner shall have the sole responsibility to
maintain each Unit (and the portions of the Utilities and Drainage Structures which do not serve
both Units), at such Unit owner's cost, and in a first class condition.
Section 7.2 Use of Common Wall, Utilities, and Drainage Structures. Subject to the
limitations herein contained, both Owners shall have the nonexclusive right to use and enjoy the
Common Wall, the portions of the Utilities which serve both Units, and the portions of the
{00192361.DOC / 31-8-
,~._
September 29, 2008
Jennifer Phelan
Deputy Director
Community Development
City of Aspen
130 South Galena, 3`" Floor
Aspen, Colorado 81661
Re: Letter of Authorization for 900/910 West North Street
Dear Jennifer-
This letter wnfirms that Jennifer Hall, Esq. is authorized to act on behalf of Meadows North, LLC with
respect to its application for condominiumization of its property located at 900/910 West North Street.
Jennifefs contact information is as follows:
Post Office Box 11711
Aspen, Colorado 81611
(970)404-1091
The contact information for Meadows North, LLC is as follows:
Sallie Golden, Member
Meadows North, LLC
721 Meadowood Drive
Aspen, Colorado 81611
(970)925-5050
Sincerely,
~~x~, ~~~
Sallie Golden, Member
Meadows North, LLC
iUDT fiw~i~ Gl~6l~
ATTACHMENT 3 ~
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may
within the high water mark, easements, and steep slopes. l
definition of Lot Area in the Municipal Code.) ,
Commercial net leasable:
Number of residential traits:
Number of bedrooms:
Existing: Proposed.•
Existing: Proposed.•
Existing: Proposed!
Proposed % of demolition (Historic properties
DIMENSIONS:
refer to the
Floor Area: Existing: Allow le: Proposed:
Ptinapal bldg. height: Existing.• All able: Proposed:
Access. bldg. height: Existing: llowable: Proposed:
Qrt-Site parking: Existing: Required: Proposed.'
Site coverage: Existing: Required: Proposed.•
DPI Space: Existing: Required.' Proposed:
Front Setback: Existin Required.• Proposed:
Rear Setback: Exis ' g.• Required.• Proposed.•
Combined F/R: Ex' ling: Required.• Proposed:
Side Setback: fisting: Required.• Proposed:
Side Selbac ~ Existing: Required.• Proposed.•
Combined Si Existing: Required.' Proposed.'
Distance B een Existing Required: Proposed.•
or encroachments:
requested:
~~~ D ~ ~~~'/1'~i ~ 4~~
ATTACHMENT?
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
Couuty of Pitlcin )
I,
being or representing an Applicant to the Ciiy of Aspen, C
certify that I have complied with the public notice require)
(E) of the Aspen Land Use Cade in the following manner:
name, please print)
ereby personally
Section 26.304.060
Publication ofnodce: By the publication in the 1 notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the pubhc hearing. A copy of the licadon is attached hereto.
Posting of notice: By posting of notice, w 'ch form was obtained from the
Community Development Department, 'ch was made of suitable,
waterproof materials, which was not 1 than twenty-Iwo (22) inches wide
andtwenty-six (26) inches high, and 'dt was composed of letters not
less than one inch in height. Said lice was posted at least fifteen (IS) days
prior to the public hearing and w co~inuously visible from the _ day of
. 200 and including the date and time of dte public
hearing. A photograph oft posted notice (sign) is attached hereto.
Mailing of notice. By th mailing of a notice obtained from the Community
Development Dep t, which contains the infomration described in Section
26.304.060(Ex2) of a Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, otice was hand delivered or mailed by first class postage
prepaid U.S. mail all owners of property within three hundred (300) feet of the
property subj o the development application. The names and addresses of
properly own shall be those on the current tax records of Pitlun County as they
appeared no ore than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
...
~-~c.~ A~~~ / ~c~2~~
Rezoning or text amendment. Whenever the official zoning district map is '
any way to be changed or amended incidental to or as part of a general re 'ion
of this Title, or whatever the text of this Title is to be amended, whether uch
revision be made by repeal of this Title and enactment of a new land
regulation, or otherwise, the requirena~t of an accurate survey map other
sufficiant legal description oF, and the notice to and listing of and
addresses of owners of real property in the area of the proposed ge shall
be waived. However, the proposed zoning map shall be avail a for public
inspection in the plarnwrg agency during all business howl f fifteen (IS) days
prior to the public hearing on such amendments.
The foregoing "Affidavit of Notice" was
of , 200 by _
me ties _ day
MY HAND AND OFFICIAL SEAL
commission expires:
Notary Public
ATTACfIMENTS:
COPYOF THE PUBL/C,AT70N
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OIrTHE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
i
Project Description
900 and 910 West North Street
Meadows North, LLC proposes to convert the form of ownership for the duplex residential structure
located at 900 and 910 West North Street to a condominium form of ownership.
Meadows North has complied with the provisions of the City of Aspen Land Use code 26.304 by
attending apre-application conference and submitting an application and fees that meet the
requirements of section 26.304. Inducted with the application is a plat of the property that complies
with the provisions of section 26.480.090.
d~
Issned By ATTORNEYS
Attorneys Title Insurance Agrncy of Aspen, LLC TITLE GUARANTY
"~"'~"`m" FUND INC.
715 W. Main Street, Suite 30-0. Agten Colorado R I(1 I ~
t{Nm+)
0)925-iG25
Irrreno~r
Ire o or o n•er:r rgnni=nliorr /nr it r ncurua[r
COMMITMENT FOR TITLE INSURANCE
ATTORNEYS TITLE GUARANTY FUND. INC., a Colorado corporation, herein callyd the Company, fiir a valuable
consideration, hereby commits to issue its policy or policies of tide insurance, as identified in Schedule A, in favor of the
proposed insured named in Schedule .4, as owner or mortgagee of the estate or interest covered hereby in the land described
or referred to in Schedule A, upon payment of the premittms and charges therefor, all subject to the pmvisions of Schedules
A acrd B and to the Conditions and Stipulations hcrrnf.
This Commitment shall be etfecticc only when the idemity of the proposed insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the titrre of the issuatce of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and letminate six (IS) months after the effective date hereof and when Me policy or policies committed
for shall issue whichever first occurs, provided that the failure to issue such policy or policies is not the fauh of the Company.
This Commitment shall not be valid or binding until coumersigtted by a validating officer or authorized signatory.
IN WITNESS IIEREOF, the Company has cattle its corporate [tame and seal to be hereunto affixed by its duly autlrnrized
officers, effective as of the date shown in Schedule A as "Effective Date".
ATTORNEYS TITLE GUARANTY FUKD, INC'.
~~-~~
CHRISTOP[IER J. CONDIE
PRESIDENT
CONDITIONS AND STIPtiLATIONS
The teen mortgage, when used herein, shall include deed of tmsY, trust deed. nr other security instrument
?. 1f the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other minter
affecting [he estate or imerest or mortgage thereon covered by This Commimtent other than those shown in Schedule B
hereof, and shall fail [o disclose such knowledge to the Company in writing, the Company shall be relieved from liuhility for
any loss or damage resulting from any act of reliance hereon to the euent Ute Company is prejudiced by failure to so Jisclosc
such knowledge. If the proposed lnsured shall disclose such knrnvledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect lien, encumbrance, adverse claim or other Knauer, the Company at its option
may amend Schedule B of this Commimtent aceordingly, but such amendment shall not relieve the Company from liability
previously incurted pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company wider this Conmtitment shall be only to the named proposes Insured and such purcies included
under the definition of Insured in the fomt of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (bl to eliminate exceptions shown in
Schedule D, or tcl to acquire or aeate the estate or interest or mortgage thereon covered by this Cwnmitment. In nu eveN
shall such liability exceed the anwunt stated in Schedule A for the policy or policies committed I'or anJ such liability is
subject to the insurin¢ provisions, and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or
policies committed for in tacor of the proposed lnsured which are hereby incorporated by inference and arc nurJc a pan of
this Commitment except as expressly modified herein.
4. Any claim of toss or damage, whether or not based on neglieence, and which arises out of the status of title to the estate
or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the
pmvisions and conditions and stipulations of this Commimtent.
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company far the
purpose of defrauding or attempting to defraud the Company. Penalties may include impriwnment, fines, dcniol of insutancc.
and civil damages. Any insurance compatry or again of an insurance company who knowingly provides false, incontple[e. or
misleading facts or information to the policyholder or claimant for the purpose of defrauding or attempting to defraud the
policyholder or claimant with regard to a settlement or aavard payable from insurance proceeds shall be reporceJ to the
Colorado Division of Insurance within the Department of Regulatory Agencies.
Amcrknn Lary Tick Aswciatiun f'ommii ~nt
COMMITMENT NO. PC200809000390 File No. PC08002650REV1
SCHEDULE A
Attorneys
"title Guaranty
Fund,lnc.
1. Effective Datc: 8/13/2008
2. Policy or Policies to be issued: Premium
A. ALTA Owner's Policy. Amount $9,000,000.00 $13,960.O!)
Proposed Insured: Luke David, LLC, a Colorado Limited Liability Company
Certificate of Taxes Due $10.00
Endorscmcros: $400
Additional Charges: $(1.00
Total $13,970,00
The cstatc or interest in the land described or referred to in this Commitment and covcrcd hcrcin is vested in
Meadows North. LLC, a Colorado Limited Liability Company
4. The cstatc or intcrcst in the land described or rcfermd to in this Commitment and covered hcrcin is a Pcc
Simple
5. The land referred ro in this Commihnent is situate in the county of PITKIN, State of Colorado and is
described as follows:
See Schedule C auachcd hereto.
For infornlational putposcs only, the property address is: 900 Wcst Nonh Strcct, Aspen, Colorado 8161 I
Gary A. Wright
Aut orizcd Officer or Agent
2622
Member Number
FOR INFORMATION OR SERVICES 1N CONNECTION WITH TIIIS COMMITMENT', CONTACT:
Gary A. 1Vright, 715 W. Main Street, Suite 304, Aspen Colorado 81611, Phmtc: (970) 925-5625, Eax: (970)
925-7348
1'1115 CU]t\11TNfxT IS ISCrED SCW [CT T(I 111C SLYI E\IF:.\T OF Tf.R~IS,
CnSgT10SS ASD STIPQA'r10x5 ATTACIIrD
American Land Title Association Commitment
COMMITMENT NO. PC200809000390 FILE No. PC08002650REV I
SCIIF.DULE B -Section 1 - Rcyuircments
The following are the requirements [o he complied with:
Attorneys
Tiflc Guaranty
pond, Inc.
ar. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
b. Pay us the premiums fees and charges for the policy.
c. Documents satisfactory to us creating the interest in the land and%or the mortgage to be insured must be
signed, delivered and recorded.
d. You must tell us in writing the name of anyone not referred to in this C'ommitmcnt who will get an interest
in the land or who will make a loan on the land. We may then make additional rcquircrnents or
exceptions.
c. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which arc
due and payable.
f. A Certification of Taxes due listing each taxingjurisdiction shall be obtained from the County Treasurer or
an authorized agent (pursuant to Scnatc Bill 92-t43, CRS 10-I I-122).
g. Receipt by the Company of [he appropriate affidavit as ro new construction and indemnifying the
Company against any unfilcd matcrialmcn's or mechanic's liens.
h. Certificate of good standing from the Colorado Secretary of State for Meadows North, LLC, a Colorado
Limited Liability Company.
i. CcrtiScatc of good standing from the Colorado Secretary of State for Lukc David, LLC, a Colorado
Limited Liability Company.
j. Record a Statement of Authority to provide prima facie evidcncc of cxistcnec of Meadows North, LLC, a
Colorado Limited Liability Company, an entity capable of holding property, and the name of the person
authorized to cxecutc inswmcnts affecting title to real property as authorized by C.R.S. fi38-30-172.
k. Record a Statement of Authority to provide prima facie evidcncc of cxistcnec of Lukc David, I_LC', a
Colorado Limited Liability Company, an entity capable of holding property, and the name of the person
authorized to cxecutc instruments affecting title to real property as authorized by C.R.S. §38-30-I72.
I. Warranty Dced from Meadows North, LLC, a Colorado Limited Liability Company to Lukc David, LLC',
a Colorado Limited Liability Company conveying Subject Property must be suflicicnr to convey Ute I'ec
simple estate or interest in the land described or referred to herein, to the proposed insurcti, Schedule A.
item 2A. NOTE: C.R.S. y~'38-35-109(2) required that a notation of the purchaser's Icgal address, (not
necessarily the same as [he property address) be included on the face of the Decd to be recorded.
m. An ALTA~'ACSM Land Survey sufficient in content and form and ccrtiticd to the Company must fk
furnished to the Company. Exception will be taken to adverse matters tlischased thereby.
n. Release of the Dccd of Tnst from Meadows Nonh, LLC, a Colomdo Limited Liability Company m the
Public Trustcc of Pitkin County for the benefit of Colorado Business Bank to sccurc an indebtedness in
the principal sum of $2,625,000.00, and any other amounts and/obligations sccurcd thcrcby, dated
November 30.2005 and recorded on December 5, 2005 as Reception No. 518058.
o. Release of the Constmction Dced of Trust from Mcatiow~s North, LLC, a Colorado Limited Liability
Company to the Public Trustee of Pitkin County for the bcnctit of Colorado Business Bonk to sccurc an
indebtedness in the principal sum of $4,624,000.00, and any outer amounts antVobligatiorn sccurcd
thcrcby, dated September 01, 2006 and recorded on Octohcr 02, 2006 as Reception No. 529291.
p. Release of the Construction Dccd of Trust from Meadows North, LLC, a Colomdo Limited Liability
Company to the Public "trustee of Pitkin County For the benefit of Colorado Business Bank to scetue an
indebtedness in dtc principal sum of $2.200.000.00, and any other amounts antL'obligations sccurcd
thcrcby, dated April 3, 2008 and recorded on April 22, 2008 as Reception No. >48516.
q. This Commitment is subject m review and approval by Attomcys Title Guaranty Fund. Inc.
Note: If the sales price of the subjeM property exceeds $100,000.00, the seller shall be rcyuircd to comply with
American Land Title Assuciation Commitment
COMbUTMENT NO. PC200809000390 PILE No. PC08002GSORIiV 1
SCHEDULE B - Section I -Requirements
the disclosure or withholding provisions of C.R.S. §39-22.604.5 (non-resident withholding).
Attorncps
Title Guaranty
Fund, Inc.
Note: Effective Scplembcr 1, 1997, C.R.S. §30-10-406 requires that all ducumcnts received for recording or
filing in the clerk and recorder's office shall contain a top margin of at least one inch and a Icfl, right and bottom
margin of at Icast one-half inch. The clerk and recorder may refuse to record or file any document that does not
conform.
Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and rcainicr fitr
recordation must be accompanied by a Real Property Transfer Declaration. This Dcclamtion must be completed
and signed by the grantor (seller) or grantee (buyer).
American Land Title Association Commitment
COMMITMENT NO. PC200809000390 FILE No. PC08002650RGV I
Attorneys
'1'itlc Guaranty
Fund, Inc.
SCHEDULE B -Section 2 -Exceptions
Schedule B of the policy or policies to be issued will contain cxccptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easemenLS, not shown by the public records.
3. Discrepancies, conflicts in Iwundary lines, shortage in area, cncroachmcnts, and any facts which a corccct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien. for services, Tabor or material heretofore or hereafter famished, imposed by law
and not shown by the public rcrnrds.
5. Any claim, which arises out of the transaction vesting in the Insured cstatc or interest insured by the policy
to be issued hereunder, by reason of the operation of federal bankntptcy, sl•.nc insolvency or similar
creditor's rights laws.
6. Defects, liens, cncumbranccs, adverse claims or other matters, if any, created, lirst appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires for vnluc of record the cstatc or interest or mortgage thereon covered by this Commitment.
7. Taxes for the curccnt year, including all taxes now or heretofore assessed, due, or payahlc.
NOTE: Upon wtnpliancc with undcnvriting requirements, cxccptions numbered will be omitted from the Loan
Policy to be issued hereunder.
8. Tams, conditions, provisions, agrcetncnts and obligations specified under the Agreement by and bctwccn
David Mcnschcr and Lclya J. Mcnschcr and Winticld "I'. Dutbin recorded on October 14, 1975 in Book
304 at Page 120 as Reception No. 178452.
9. Terms, conditions, provisions, agreements and obligations specified under the A6mement by and bctwccn
Rosa W. Durbin and Winfield T. Durbin and David Mcnschcr and Lclya J. Mcnschcr rccorcicd on October
14, 1975 in Book 304 at Page 129 as Reception No. 178453.
10. Terms. conditions, provisions, agreements and obligations specified under the Agrccmcm by and bctwccn
David Mcnschcr and Lclya J. Mcnschcr and ~4'inficld T. Durbin rmordcd on October 14, 1975 Bnuk 304
at Pagc 143 as Reception No. 178461.
11. Terms, conditions, provisions, agrccmrnts and obligations specified under the Resolution by and txtwccn
Nonh Meadows, LLC, a Colorado limited liability company and Paul Turner and Molly Brooke recorded
on December Ol, 2005 as Reception No. 518002.
12.Tcrms, conditions, provisions, agreements and obligations specified ands the Agrccntent w Conlirm
Common Boundary Location by and between Meadows North, LLC. a Colorado limited liahlity company
and Paul 'J'umcr recorded on July 27, 2006 as Reception No. 52G940.
13. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit, and Vault
Agrmmrnt by and bctwccn Meadows North, LLC, a Colorado limited liability company and holy Cross
Energy recorded on January 09, 2008 as Reception Nu. 545718.
14. The following conditions and stipulations, as contained in the patent recorded Decxmber U3, 1892 in Book
55 al Pagc 35 as Reception No. SOI93 : First That the grant hereby made is restricted in its exterior limits
to the boundaries of the said mining premises and to any veins or lodes of quartz or other rock in place,
bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, which may have been
discovered within the said limits, and which were not known to exist an the 19th day ol'Octobcr. 1890.
Second: That should any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, Icad,
tin, copper or other valuable deposits, be claimed or known to exist within the shove described premises at
said last-named date, the same is expressly excepted and excluded from these presents. Third: That the
premises hereby conveyed may be entered by the proprietor of any vein or lode of yuaru or other rock in
place, bearing gold, silver, cinnabar, Icad, tin, copper or other vahtablc deposits, fur tltc purposes of
extracting attd removing lhC ore from such vein, lode or deposit, should the same, or any pats thereof, bet
found to prnevate, intersect, pass through or dip into the mining grourul or premises h~7iby granted.
American Land Title Association Commitment
COMMITMENT NO. PC200R09000390 FILE No. PC08002650REV I
SCHEDULE B -Section 2 - F.xccptions
Attorncvs
Title Guaranty
Fund, loc.
Pmtrh: That the premises hereby conveyed shall be held subject to any vested and accruMl water rights lix
mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs usctl in
connection with such water rights as may be recognized and acknowledged by the Itxal laws, customs and
decisions of courts. Fifth: That in the absence of necessary legislation by Congress, the Legislahtrc of
Colorado may provide rules for working the mining claim or premises hereby grunted. involving
cascmrnts, drainage and other necessary means to the complete development thcrcol:
The Owner's policy to be issued hereunder will contain, in addition to the items set frnth in Schedule B -Section
2, the following items: (I) the mortgage, if' any, required under Schedule B -Section I, Item (c); (2) unpatented
mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof water rights,
claims or title to water, (3) any and all unpaid taxes, assessments and unredeemed tax salts.
Note: Colotndo Division of Insurance Regulation 3-5-I, Section 7, Paragraph E, 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 settlement service that is in conjunction with it's issuance of an owners policy of title
insurance) and is responsible for recording or filing of legal documents resulting from the transaction which was
closed".
Note: Exception 4 of Schedule B, Section 2 of this Commitment may be deleted from the policy(s) to be issued
hereunder 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 may have been furnished by mechanics or matcrialmcn fur purposes of conslnrcuon
nn the hmd described in Schedule A of this Commitment within the past 13 months.
C. ATGF must receive the appropriate affidavit(s) indemnifying ATGF against mechanic ti and malcriahncri s
liens not filed.
D. Any deviations from conditions A through C about is subject to such additional requirements or
information us ATGF may deem necessary, or, at its option, ATGF may refuse to delete the exception.
Note: The following disclosures are hereby made pursuant to §C.R.S. 10-I I -122
i. The subject property may be located in a special taxing district
ii. A Ccrtiticatc of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer ol'thc
county treasurer's authorized agent
iii. Information regarding special districts and the boundaries of such districts may be obtained Gom the board
of county commissioners. the county clerk and recorder or the county assessor.
Note: If there is recorded evidence that one or more mineral estates has been severed, Icasctl or otltcrwisc
conveyed from the surface estate of the subject property described in Schedule A of this Committncnl, and Ihcrc
is a substamial likelihood that a third party holds some or all of the ownership interest in ail, gas or other mincmis
or geothermal energy in the subject property. Such mineral estate may include the right to enter anti use the
surface of the subject property without the surface owner's permission.
SCHEDULE C
File N: PC080026-SOREV 1
Policy Numhcr: PC200809000390
Lots A, B, C and D, and that portion of Lots E and F lying Westerly of the Westerly lint of the property described
in instrument recorded December 3. 1958. in Rook IR6 at Pagc 115, as corrected by inslmmcnt rrv:ordcd January
29, 1976 in Book 308 at Page 229, all in Block I, City and Townsitc of Aspen.
LESS AND GXCEPT THE FOLLOWING PARCELS:
Any portion lying within Lot 2, Janss Subdivision as shown on the Map thereof in Plal Book 3 at Pagc 398.
Thal Par[ of Block I, City and Townsitc of Aspen, described as follows:
Beginning at a point at what has been describtd as line 6-7 of Aspen Townsitc, whence a 1954 Rmss Cap
putporting to locate Comer No. 6 of said Aspen Townsitc bears North
738'00" Eas[ 22.00 feet;
thcncc North 07°38'00" East 19.17 feet along said lint 6-7 ro a point on the Southerly line of the Janss
Subdivision;
thence South 65°21'00" East 35.43 feet along said Southerly line;
thence South 83°04'14" Nest 35.00 feet to the Point of Beginning;
That part of Block 1. City and Townsitc ofAspen, described as follows:
Beginning at a point on what has lien described as lint 6-7 of Aspett Townsitc whence a 1954 Bross Cup
purporting to locate Comer No. 6 of said Aspen Townsitc bears North
07°38'00" East 2.83 feel;
thence South 07°38'00" West 91.71 feet to the poim on the South line ot'said Block I;
thcncc North 75°9'1 I" Wcst 5.84 feet along said Block lint;
thcncc North 07°38'00" East 92.R 1 feet to the South line of the Janss Subdivision ns platted:
thence South 65°21'00" East 6.06 feet to the Point of Beginning.
All in Pi[kin County, Colorado.
ATTORNEYS
TITLE
GUARANTY
FUND, INC.
Committed to Protecting Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with ecrrtin inlomration.
We understand that you may be concerned about what we will do with such information -particularly any
personal or financial information. You have a right [o know how we will utilize the personal infitmration you
provide to us. Therefore, ATGF has adopted this Privacy Policy to govern the use and handling ofyour personal
information.
Applicability
This Privacy Policy govcros our use of the information that you provide to us. It does nut govcm IM: manner in
which we may use information we have obtained from any other source, such as information obtained fmm a
public record or from another person or entity.
Types of Information
Depending upon which of our services you arc utilizing, [he types of nonpublic pcrscmal information that we may
collect include:
• Information we receive from you on applications, forms and in other communications [o us, whether in
writing, in person, by telephone or any other means;
• Information about your transactions with us, our agents, or others; and
• Information we receive from a consumer-reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benclit of any
nonaffiliated party. Therefore, we will not rdcasc your information to nonaffiliated parties except. (I) as
necessary for us to provide the product or service you have requested mf us: or (2) as permincd by law. We may,
however, store such information indefinitely, including the period af)cr which any customer relationship has
ceased Such inl'onnation may be used for any internal purpose, such as quality control ct)orts or customer
analysis. We may also provide all of the types of nonpublic petwnal information listed above to one or more nl'
our agents or affiliated companies. Such affilintcd companies include Attorneys Title Insumncc Fund, Inc..
ATGF's reinsurcr and parent company.
Former Customers
f vcn if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
W c will use our hest efforts to ensure that no unauthorircd panics have access to any o1 your information. «'c
restrict access to nonpublic personal information about you to those individuals and entities that need to know that
infonnetion to provide products or services to you. We will use our bqt efforts to train and oversee our
employees and agents to ensure that your information will be handled responsibly and in aceonluncc with this
Privacy Policy. We currently maintain physical, dcctronic, and procedural safeguards that comply with federal
regulations to guard ,your nonpublic personal information.
-^a
Issued
Attorneys Title Insurance Agency of Aspen, LLC
\lember'a Same)
715 W. `vlain Street, Suite 341. Aspen Colorado 8161 I
1 nmres+l
ATTORNEYS
TITLE GUARANTY
FUND, INC.
,~.
m
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: 10/1/08, 2008
Dear City of Aspen Land Use Review Applicant,
_,,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0042 2008 ASLU (900/910 W North Street-Condominium
lat .The planner assigned to this case is Drew Alexander.
^ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1.
2.
3.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review heazings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
If there aze not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
You,
VYvV
ennifer he an, Deputy Director
City of n, Community Development Department
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