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HomeMy WebLinkAboutcoa.lu.gm.809 S Aspen St.0058.2009M It THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS Z!W_\ON1►1:111:t CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0058.2009.ASLU 273513124020 809 S. ASPEN STREET DREW ALEXANDER EXTEN. GMQS ROBERT SINCLAIR il1V481111' CLOSED BY Angela Scorey on 10/20/2009 NOTICE OF APPROVAL For a Growth Management Quota System Exemption From Demolition or. Redevelopment of Multi -Family Housing, Unit 5 and 6, Shadow Mountain Village Condominium Apartments, Commonly Known as 809 South Aspen Street Parcel ID No. 2735-13-1-24-003 and 2735-13-1-24-020 APPLICANT: Todd Klindworth REPRESENTATIVE: Robert Sinclair, Robert G. Sinclair Architecture SUBJECT & SITE OF EXEMPTION: Growth Management Quota System (GMQS) Exemption for Shadow Mountain Village Condominium Apartments, commonly known as 809 South Aspen Street, involving the combining of units 5 and 6. SUMMARY: The Applicant has requested a GMQS exemption to combine two residential multi -family units at Shadow Mountain Village. Typically, this scope of work would trigger a GMQS Review under Section 26.470.070 (5), Demolition or redevelopment of multi -family housing. Because a dwelling unit is being eliminated and the units could have housed local workers, certain mitigation is required. Section 26.470.070 (5), Demolition or redevelopment of multi -family housing, includes the provision that the combining, demolition, conversion, or redevelopment of multi- family housing shall be approved, approved with condition or denied by the Planning and Zoning Commission and that the development must provide mitigation in the form of affordable housing unless the subject dwelling units qualify for an exemption from the GMQS review. This GMQS section contains a list of exemptions from the affordable housing mitigation provision. The Applicant is pursuing the following exemption for the combining of units 5 and 6: 26.470.070(5)(8)(c), Exemptions: "The demolition, combining, conversion, replacement, or redevelopment of Multi - Family Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall apply including zoning, growth management, and building codes. " Page 1 of 3 The Applicant has submitted a number of affidavits stating that neither Unit 5 nor 6 have been used for anything other than tourist accommodations. These include letters from former owners, letters from neighbors and property managers, and deeds for both units. STAFF EVALUATION: Staff believes the affidavits provide a basis to approve the GMQS exemption for the proposal at Shadow Mountain Village. Staff finds that the Applicant has provided sufficient proof to justify the exemption from Multi -Family Replacement. It would be appropriate for the Applicant to combine Unit 5 and 6 without having to provide mitigation for affordable housing. This approval does not negate the requirement to obtain building permit and the Applicant shall do so prior to any commencement of work on the property. DECISION: The Community Development Director finds the GMQS Multi -Family Replacement Exemption for the combining of two units (Unit 5 and 6) at Shadow Mountain Village to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the exemption as specified below. The approved exemption to 809 S. Aspen St., Units 5 and 6, allows for the combining of units without the incorporation of Multi -Family Replacement affordable housing mitigation. APPROVED BY: C Bendon Community Development Director -1 , APPROV ED n%T CAAUN/TyoTEN1 T0pCIOFAfH09 RECTOR Page 2of 3 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Todd Klindworth, PO Box 25318, St. Croix, VI 00824 Property Owner's Name, Mailing Address Subdivision: Shadow Mountain Village Condominium Apartments, Units 5 & 6 Legal Description and Street Address of Subject Property The Applicant proposes to combine units 5 and 6 into one unit Written Description of the Site Specific Plan and/or Attachment Describing Plan Growth Management Quota System Exemption from Demolition or Redevelopment of Multi - Family Housing, 10/1/09 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 11, 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) October 12, 2012 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 121h day of October, 2009, by the City of Aspen Community Development Director. /� � 1, _ Chris Bcndon, Community Development Director u AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ss. County of Pitkin 1, AIe tcl s=-UA (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: f Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. The foregoing "Affidavit of Notice" was acknowledged before me this 1-3 day of 2001, by C PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes. pertaining to the following legally described property: Subdivision; Shadow Mountain Village Condominium Apartments, Units: 5 & 6, and commonly known as 809 S. Aspen St. (Shadow Mountain Townhouses) by order of the City of Aspen Community Development Department on September 30, 2009. The Applicant received approval for a Growth Management Quota System Exemption from Demolition or Redevelopment of Multi -Family Housing relating to the proposed combination of two residential units at the Shadow Mountain Townhouses. For further information contact Drew Alexander, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429.2739. s/ City of Aspen Published in The Aspen Times Weekly on October 11, 2009. (4127119] 1 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: NO ( O I Notary Public ATTACHMENTS: COPY OF THE PUBLICATION t PRY pU LAURA `s• MEYER �F My Commission Fxplres 0811012010 0 2T 24 020 0 0056.2009 • A-*-'t-LI File Edit Record (Navigate Form Reports Format Tab Help I 0 `x► ►/ Jo Jump 1 .'� 0© Main Valuation Custom Fields Actions Feed Parcels Fee Summary Sub Permits Attachments Routing Status Routing ► c� Permit Type laslu Aspen Land Use Permit # F0058.2009.A5LU H Address 8 99 5 ASPEN ST AptjSuite 15 Q City ASPEN State CO �j Zip 18 611 v Permit Information Master Permit J Routing Queue aslu07 Applied 09122/2009 Pro)ectl Status (pending Approved J Description fTKA - MULTI FAMILY REPLACEMENT EXEMPTION - SHADOW MOUNTAIN Issued TOWNHOUSE, UNIT 5&6 GMQS — Final Submitted 'ROBERT SINCLAIR ARCHITECHURE, Clock Running Days ( 0 Expires 09j17j2010 J Owner Last Name KLINDWORTH TODD J First Name 809 5 ASPEN Phone 5 ASPEN CO 81611 Owner Is Applicant? -Applicant Last Name KLINDWORTH TODD J First Name 809 5 ASPEN Phone—i Cust 128672 J ASPEN CO 81611 tender Last Name First Name Phone CIC.� 323"7 CGS V 2-64-G0 AspenGold(b) — 04 -L-4aq k$i - Record: 1 of 1 IHL `- �P _7b, A R \ I I I I I I: RECEIVc! SEP ? ti ?OOg CITY Ur ~JrtN September 15, 2009 owUNm'ftR Ms. Jessica Garrow, Long Range Planner ' City of Aspen Community Development 130 S. Galena Aspen CO 81611 ' RE: TKA - Multi Family Replacement Exemption Shadow Mountain Townhouse, units 5 & 6 Dear Jessica: Per our discussion and in consideration of the City of Aspen Land Use Code section 26.470.070, please accept this application for Multi -Family Replacement Program Exemption. Shadow Mountain Townhomes, Units #5 & #6 have been owned by my client Todd Klindworth for a period of 5 and 11 years respectively. These are very small two bedroom units subject to the City's Multi -Family Replacement program. With a growing family and a desire to spend more time here, he would like to remove the demising wall between the units to provide one contiguous unit. Under Code Section 26.470.070 Minor Planning and Zoning Commission Applications. ' Chapter 5. Demolition or redevelopment of multi -family housing. The City's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment and because of the physical constraints of the upper Roaring Fork Valley, there is a constant pressure for ' the redevelopment of dwellings currently providing resident housing for tourist and second -home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen workforce. Given the extremely high cost of and demand for market -rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision for dispersed housing opportunities in Aspen have ' been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and A,nN MILK M11, [ NL\\ )ORK ' RORIRT G. SIN( I AIR ARt HIM IURI, INC. • 1'0ti1 01111I B,1\ 8114 • 710 [. DLIR1NI A\1, Sn W'4 • A,,PFN, ( OLORV),' 81611 • V. 970.925.4269 • f. 970.925.5478 W W W.RG,AR( III I I C I UR 1 i 1'%1 sometimes dangerous commute on State Highway 82, reduce air pollution effects from commuting and prevent exclusion of working residents from the City's neighborhoods. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority have provided affordable housing both within and adjacent to the City limits. The private sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations and the steady increase in the size of the workforce to assure the continued viability of Aspen are businesses and the City's tourist -base economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition or conversion of existing multi family housing in order to minimize the displacement of working residents, to ensure the private sector maintains its role in the provision of resident housing and to prevent a housing shortfall from occurring. The combining, demolition or redevelopment of multi family housing shall be approved, approved with ' conditions or denied by the Planning and Zoning Commission based on compliance with the following requirements (see definition of demolition) ' Demolition. To raze, disassemble, tear down or destroy forty percent (4001o) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof above finished grade and associated assembly components necessary for the structural integrity of such wall and roof area. For the method of determining demolition, see Section 26.575.020E, Measurement of demolition. The removal of a dwelling unit in a multi- family or mixed -use building or its conversion to nonresidential use shall also constitute ' demolition. ' During the recent code revisions the original exemptions provided under Ordinance 47 from 1988 were inadvertently omitted. In 2008 Council voted to "readopt" the previously ' applicable exemptions. As a result, and to comply with the Multi -Family Replacement Programs, we are applying for an exemption under the following subsection. 8. Exemptions. The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi -Family Housing Units. An exemption from these replacement requirements shall not exempt a ' development from compliance with any other provisions of this Title (Ord. No. 22-2008,1): c) The demolition, combining, conversion, replacement, or redevelopment of Multi -Family 1 Housing Units which have been used exclusively as tourist accommodations or by non -working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes (Ord. No. 22-2008,1) A,NN mimAuk[ I Ni" loikk W N V%.R(.5, 4R( 11111 ( I URI -.( 0M Every effort has been made to seek out the individual owners of units #5 and #6, including original deed research, public records searches and Private Investigation. While locating and getting responses from all original and subsequent owners has proven impossible, we have been able to account for the past 25 years directly and the life of the property more generally. Please find the attached letters of support from current and prior owners, neighbors, the longtime property manager and original owners and long time Board members in the building dating from their construction in 1964. EXHIBIT A Letter of affirmation from Todd Klindworth, current owner unit #5, that this unit has been used exclusively as tourist accommodations or by non- working residents during his ownership of this unit for the past 6 years. EXHIBIT B Letter of affirmation from Patrick and Linda Podsaid, former owner unit #5, that this unit has been used exclusively as tourist accommodations or by non -working residents during his ownership of this unit for the previous 10 years. EXHIBIT C Letter of affirmation from Todd Klindworth, current owner unit #6, that this unit has been used exclusively as tourist accommodations or by non- working residents during his ownership of this unit for the past 13 years. EXHIBIT D Letter of affirmation from James Ellis, current owner unit #7, that the neighboring units #5 &r #6 have been used exclusively as tourist accommodations or by non -working residents during his ownership of his unit for the past 23 years. Further he states that no other units in the entire complex have ever housed a working resident. EXHIBIT E Letter of affirmation from Michael Spaulding, General Manager of Coates Reid and Waldron Property Management, stating that both units #5 and #6 have been used exclusively as tourist accommodations or by non- working residents during his management of Shadow Mountain Village Association for the past 25 years. A\ 14N NLu('uNu NIk( IoiaK V% A% VA . R (. � A R v 11 11 1 ( I U R I.( 0 AI 0 0 EXHIBIT F Letter of affirmation from Margaret Seelbach Mizen and Michael R. Mizen, current owners unit #15, that this unit has been used exclusively as tourist accommodations or by non -working residents during his ownership of this unit for the past 6 years. You will see that they all confirm the requirement that no "local" workers have ever been renters of these units, thereby allowing their combination under code section exemption. I have also included our records and deed research for your information. Please see: EXHIBIT G 1 Ownership History and Deed Records Condominium Unit #5 Shadow Mountain Village Condominium Apartments. ' EXHIBIT H Ownership History and Deed Records Condominium Unit #6 Shadow Mountain Village Condominium Apartments. I understand that this exemption does not require Planning and Zoning approval and can be effected administratively. Please acknowledge that this is the case. I have also included the required agreement to pay and other necessary documents, fees and deposits. Please contact me directly with any further questions, comments, or requirements. We ' are eager to process this application promptly and will cooperate as quickly and fully as possible. You can always reach my cell 970 948 4269 or email rob@rgsarchitecture.com. Sincerely, :lair, AIA :lair Architecture, Inc. encl. Land Use Application package Exhibits A - F - letters supporting ownership and rental history Exhibits G & H -Ownership History Units #5 and #6 Site plan with vicinity map, NTS cc: Todd Klindworth with encl. A:I'[N MnNwKII Ni" Y,'Rk N lb W Rc,>9Ri III I I t 111K I .� 11%A TODD KLINDWORTH 809 S. ASPEN ST SHADOW MOUNTAIN 5 & 6 ASPEN, CO 81611 TEL. 970-925-6862 April 9, 2008 City of Aspen Community Development 130 S Galena Street Aspen, CO 81611 Via: Hand delivery Re: TKA - Khndworth Residence 809 S. Aspen St. Units 5 &t 6 Aspen Colorado jTo Whom It May Concern: This letter will serve as authorization for Robert G Sinclair, Robert G. Sinclair Architecture, Inc. and/or its employees to act on my behalf on all planning, design, permitting and administrative issues pertaining to my property located at 809 S. Aspen St. Units 5 &r 6. All correspondence and/or inquiries, etc. should be directed to, the RGSA office at the address listed below. Robert G. Sinclair RGS Architecture PO Box 8114 Aspen CO 81612 970 925 4269 In addition, I am on the HOA Board for Shadow Mountain Townhomes and as all changes only affect the interior of the units the Board does not have a role in the approval process. Thank you for extending every professional courtesy in these matters. Regards, Todd Klindworth ' CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ' GENERAL LAND USE APPLICATION PACKET ' THE CITY OF ASPEN ' Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Fonn ' 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process ' 6. Public Hearing Notice Requirements 7. Affidavit of Notice ' All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk, ' Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre -application conference with a Planner in ' the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to ' determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the ' detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. 0 ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 52 (Series of 2007), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff 1 hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. ' If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. 1 Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of ' all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. 0 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of City of Aspen Development Application Fees �,� y�, CITY OF ASPEN (hereinafter CITY) and � mNwam G/O MW Cr 6* `� . 441 ► (hereinafter APPLICANT) AGREE AS FOLLOWS: d14� adP C 1�1Th�mi e to I appliLoil r 1 _' (hereinafter, THE PROJECT). {I�� �l•�� �/ I vl (' `y(J�`' 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee 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 the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. . 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning ' Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT Date: ZL Billing Address Telephone Nurr�ber: A. OW�, .v. 1 • i ' ATTACHMENT 2 —LAND USE APPLICATION PROJECT: APPLICANT: REPRESENTATIVE: 1 YPE OF APPLICATION: (please check all that apply): ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion FLer Other: M VL n- F* } L41 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES Din: $ [ Pre -Application Conference Summary a`f /w'i'0 * Rl ttachment #1, Signed Fee Agreement [ sponse to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards *Fj 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an ' electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 0 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 7 i (0 Applicant: TPVO 14" 0 'j & �r�► � Location: Zone District: Lot Size: LAVVO Lot Area: GOIu00 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: *VIA Proposed: NO 4`'i~,orO Number of residential units: Existing:Proposed: Number of bedrooms: Existing: Proposed. - ::::--- Proposed % of demolition (Historic properties only): /V// DIMENSIONS: Floor Area: Existing: Allowable: Proposed:_ Principal bldg. height: Existing: Allowable: Proposed:_ Access. bldg. height: Existing: Allowable: Proposed:_ On -Site parking: Existing: Required: Proposed:_ % Site coverage: Existing: Required: Proposed.-_ % Open Space: Existing: Required: Proposed.-_ Front Setback: Existing: Required. Proposed: Rear Setback: Existing: Required: Proposed:_ Combined F/R: Existing: Required: Proposed.•_ Side Setback: Existing: Required: Proposed:_ Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed:_ Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: /i///� NO atk�v6e ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements See key on page 9. Process Type (See Process Description in Att.S) Number of Required Submittal Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P & Z 10 8040 GREENLINE EXEMPTION 1-7 8-10, 35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7, 8, 10, 11, 12,35 P & Z OR ADMINISTRATIVE (Based on Location 2 for 0 Admin., 10 for P &Z STREAM MARGIN EXEMPTION 1-7, 8, 10, 11, 12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7, 13, 14,35 P & Z 10 MOUNTAIN VIEW PLANE 1-7, 15, 16, 35 P & Z 10 CONDITIONAL USE 1-7 9,17 P & Z 10 SPECIAL REVIEW* 1-7, Additional Submission Req. depend on nature of the Special Review Request. P & Z 10 SUBDMSION 1-7, 18,19, 20, 21, 35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7118 19, 20, 21, 35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7 22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7, 22 CITY COUNCIL 10 CODE AMENDMENT 1-4, 7, 23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7, 16, 24, 25, 26, 27, 35 ADMIN. OR P & Z 2 for Admin., 10 for P & Z SATELITE DISH OVER 24" IN DIAMETER 1-7 ADMIN. OR P & Z 2 for Admin., 10 for P & Z RES. DESIGN STANDARDS VARIANCE 1-7, 9, 28, 29, 30 P & Z OR DRAC 10 GMQS EXEMPTION* 1-7, Additional Submission Req. depend on nature of the Exemption Request. 62M_1 j., OR P & Z, AND/OR CC BASED ON EXEMPTION TYPE 2 for Admin., 10 for P & Z, 20 for P & Z and CC CONDOMINIUM17ATION 1,31 ADMP-11STRATIVE 2 PUD 1-7, 32, 33, 35 CONCEPTUAL -P & Z, AND CC FINAL -P & Z, AND CC 20 for P & Z and CC (Submit Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7 35 P & Z, AND CC 20 L_J 0 PUD AMENDMENT 1-7 ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P (BASED ON AMENDMENT TYPE & Z and CC SPECIALLY PLANNED AREA 1-7, 35 CONCEPTUAL —P & Z, AND CC 20 for P & Z and CC (Submit SPA FINAL- P & Z, AND CC Separately for Final SPA) AMENDMENT TO SPA 1-7 ADmim, OR P & Z AND CC 2 for Admin., 20 for P & Z and CC (BASED ON SIGNIFICANCE OF AMENDMENT TEMPORARY USE 1-7 ADmim OR CC (BASED ON 2 for Admin., 10 for City Council DURATION TIME ACCESSORY DWELLING UNIT 1-7, 9 ADMIN OR P &Z(BASED ON IF 2 for Administrative Review THE PROPOSAL MEETS REVIEW STANDARDS REzoNING 1_7 P & Z AND CC 20 DIMENSIONAL REQUIREMENTS 1-7, 34 BOARD OF ADJUSTMENT 9 VARIANCE * Consult with a Planner about submittal requirements. **A pre -application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre -application conference. CJ L� .Ii I NVV n ATTAC h 1. Land Use Application with 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. �2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership 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 fofthe Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. A written description of the //``�� proposal and a written explanation of AW v�v r1- how a proposed development complies with the review standards relevant to the development application. 8. Plan with Existing and proposed �IA grades at two -foot contours, with five-foot /� intervals for grades over ten (10) percent. //r "x 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year floodplain line and the high water line. VENT 4-CONT'D- SUBMITTAL KEY �2. Accurate elevations (in relation to system in the area of the proposed mean sea level) of the lowest floor, subdivision. The contents of the plat shall including basement, of all new or be of sufficient detail to determine substantially improved structures; a whether the proposed subdivision will verification and recordation of the actual meet the design standards pursuant to elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. which any structure is constructed; a Su `vision GIS Data. demonstration that all new construction or / substantial improvements will be 2 andscape plan showing location, anchored to prevent flotation, collapse or size, and type of proposed landscape lateral movement of any structure to be fea ey.� constructed or improved; a demonstration that the structure will have the lowest A subdivision plat which meets the floor, including basement, elevated to at terms of this chapter, and conforms to the least two (2) feet above the base flood requirements of this title indicating that no elevation, all as certified by a registered further subdivision may be granted for professional engineer or architect. these lots nor will additional units be built without receipt of applicable approvals . A landscape plan that includes pursuant to this chapter and growth native vegetative screening of no less than management allocation pursuant to fifty (50) percent of the development as Chapter 6.470. viewed from the rear (slope) of the parcel. All vegetative screening shall be The precise wording of any maintained in perpetuity and shall be propoyp aamendment replaced with the same or comparable fZ * material, should it die. 24. Site Plan or plans drawn to a scale of �// one (1'l inch equals ten (10') feet or one 1 Site sections drawn by a registered (1") inch equals twenty (20') feet architect, landscape architect, or including before and "after" photographs engineer shall be submitted showing all (simulations) specifying the location of existing and proposed site elements, the antennas, support structures, transmission top of slope, and pertinent elevations buildings and/or other accessory uses, above sea level. access, parking, fences, signs, lighting, 5. � landscaped areas and all adjacent land Pr" oposed elevations of the uses within one -hundred fifty (150') feet. development, including any rooftop Such plans and drawings should nt and how it will be screened. AStan ;V6PIrofosed demonstrate compliance with the Review gfthisSection. elevations of the 4 development, including any rooftop 25. AA and FCC Coordination. eq}iip�per� and how it will be screened. Statements regarding the regulations of It//A. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications existing and proposed features which are COW' (FCC). relevantto the review. ��► 2 Structural Integrity Report from a 1 One l) inch equals four hundred professional engineer licensed in the (400) feet scale city map showing the rado. State omience location of the proposed subdivision, all adjacent lands owned by or under option 27. Evthat an effort was made to to the applicant, commonly known locate on an existing wireless landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/interference prope ies are located. analysis and capacity analysis and a / brief statement as to other reasons for 4 plat which reflects the layout of successl no success. the lots, blocks and structures in the proposed subdivision. The plat shall 28.� Neighborhood block plan at be drawn at a scale of one (1) equals one 1"=50' (available from City Engineering hundred (100) feet or larger. Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one (1) sheet, an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street 0 0 f11k P/r'0' . i/A_ Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. 1 1 ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. VZ Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have 1 submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide 1 the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the I Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. • 0 1 ,✓/A ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS ' Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. 1 Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to ' obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). ' Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. !,oev 481 PAG,,8?6 OBJECTIONS CONTINul:v: recorded in Book 214 at Page 28 and the Articles of Incorporation for Shadow Mountain Village Condominium Association recorded In Book 214 at Page 178, all as recorded in the real property records of Pitkin County, Colorado lta„•tArd ❑1 �r iJJ4 Ii�lJi•�!' , 1�•, „I ,L• f. pti.11 Net 1,.14 Jtill( I ill. F:F:u, �ladelbit c . LJUt% Ij n I•cUarr•n DEAN I . VAN EATON Ind UONAI.p 1.. S11FK I hAN 1 t.83 ^„ ' .w= iTATE'�+7GMIi iEE �IiSRfi •4 9 ! V.-Illy-If Grand 1=+ C, .. a It esco rG: t,.1••I „t;..ertlu.ril.,,.:;i ..Ind DANIFL r_ `• Q 1 []antic Shores Blvd., ' !wale•>e►.•u:el:e,l,n,•aiF C/o Alfred Ciffo, hlh A plorida i; I: Hall,ndale, d:t„l�:la.•ri:xJ ('ountyBrowarr.3:1`v:,fll.•.r•,,,I,.! etc X) riH' q.fthc firm { .Irt. f,•r:m,l in , .;It on of tile• -um ad Xfi(1K1''1I�6• 1 NI'I1F:�sf:'I IL tthe-ui'll.Ir'• &OOd and valuable consideration fEN DOLLARS ($10.00) and other t 1 K ha: ain, said p:u �e� the fire] {,art W L:;nd poid by tilt• s:rld p:rrly If Lho strand part. tilt n�rotpl u�hrrruf 1F tr'rr' >' nfo,srvl :rod arkn„ale•dFed, Oar Fr I,.trd, 1.rr C:,iuod. sr,ld and I mv- 01. "»d Ily thex• pnor•n{F r ut•r rant. Y -,JI, runcey and cnnhrm, unto tilt -:Iid party of the F,• Ild ptert, his hairs tend asFtgr:F fun•rer, all the followin4 f of Lmd, stntute.l) 1w and Lain} ill the •Irscrihedlot arpnrral :uv1 �t ate „f ('ed,.r:u1u, u,•w•iL• I't',,,nttyuf Pitkin together with an ::I A CONDOMINIUM UNIT CONSISTING OF APARTMENT UNIT NUMBER 5, Cof!unon i to the appurtenant undivided one -twenty first interest in and to the Genera Elements, SHPD01+' *SUL'N'fAIN VILLAGE CO%1)fl?fINiL}1 APART!1F.NTS, according :tap this iNeVll,LAf,Etlf•ONUO.tiNll,?t APfor recora ART•TFNTS,drerordmdDtnlBook i214on f at Pagor e028. As en Street, Aspen, Colorado 81611 :,IFul;noa.•nxFFtrectnndnuu;bar 809 S. P 'FO(;ETIIFR with f" m tuid �gular. he mher +�r:Inlertand'rantLutularx.rrlre5st i..u(. en't pKufits thervok and allthe stlllite., and t . ortutr, right. title. interrsL claim will i1• �t'�"t'1 "►leer„l'a'a'r of Ilea r:,id paI tyP'f tilt first part. aithrr in hlaa'r,r equip)', uf, ,• in :rod lathe :drag.. bar) :,inod pn•mi.,•s, as ith lha lie-r,•dltxutr•,tts and oppurtenanres. ItNe", es -I's. I, Cl the first Earl. 0 1(xx Aa�Cha+rF. T(lothe:A\hT111111nudpt'rnidprrrni..,:,teat'char►:,inadnn'I'1r� cringd.%,11hthaappurlan ores, neat e� t ll. s:lid part}' of the second part, i'.iF beirF and us.iK°?tort`-ver. And 1.hrrain. olnd agrt•e lte aand with the : aid Party otthe t�•'r•,tnli part, ei:ecuU'rs, and admini<trntorsol•KXruveunnt. K T sy.K �l reizad •,f till' premises e his heirs and n> riI nF, stra ;it lisp U 'Ie of the ensealin¢ :red drlicr•r?' of those presen y lI".I t'lrntl•yed, nF r+f gaud. Fart•. prrfarl, uhs'lul:• nad itulada+roihlr• o,t+tte e,f intta•rilan,r to law. in ft•a simple, and h +7t i a r{,,ill. full power and I:roful tu+thority its grant. l,teri::tin, sell send ronea•y the coon in manner and fnm as auod rnid, afull pot tilt• sou„ ore free xnd cleat fr,mt all farmer and „thr•r Rrxnu, },nr4ains. saleF, bons, luxes. I assysamrnlr,Indenc•nmbr:tracesofaaitateeorkindurnalun•Fol'a•eg end mineral YCSf_•rvations EXCEPT general taxes for -corded payable in at p ' and SUBJECT Tn right as contained in Deed recorded in Book Ias re et Page 279; of the proprietor of a vein or lodConditi nsvanded tobligationsn the doftContractefor recorded in Book 175 at Page 298; :• Water trument recordedded In in Book ook 214L11 at at Pageage 28 and;thesArticless(cont. onireverse) in inslises in {,•• and t e 1 tovi bargaillf instralltan+d aa� ry p �q•se1nlur pert i•'n`Ilawfull. 1-1: itnilti; utf ltLrlanl'lhrra h',1ty �•`'r and e. rl u�l Ilrtrcaf. i'i bell, g I the said part of rile first part ha11 and will fl'.1I:1 AXT AXIr Ff1Y.E\'F:R Ili:}'F:XIr. TLe nders" t •••.,l;rr hall I: ill Include theplurnl.thePlurnitilt•sinKular{ �ftlr,d the,efertfxrtV, �..:VW PRATi'th:nAtndt`,•al1hedayandcc:Irfirst IN \1'ITNESS t\'IIERFOF. the raid part 1,% ul,uve written. I eFA I I VAN FA'.� *� I)/E� �1 RA1.D L. c iF.R'(r IMF:AI.I STA'I'}:IIFC(II.tlltADO Its.County of Pitk in The frreFollnpr insu•unn•nf wa> to know]. d+,•d 1.1•f'.a ate this ,:, 53.1,y DEAN I. VAN EATON. hand ;.,!If ,.fflrt:tl seal. a I it \1> r�•nr.ni>>n;nrapitos 1, .1. I tad,. eoau 447 (SUBJF.CTiONS CONTINUED) of incorporation for Shadow Mountain Village Condominium Association recorded in Book 214 at P-60 178 , all as record,-d in the records of Pltkln County, Colorado. STATE OF COLORADO ) ) ss. COUNTY OF _pitkin -- ) The foreiofng '_nstrument was acknowledged befn.e me this 15th day of 1983. by DO`AI.D L. SHERIDAN. My commission expires: July 18, 1983 Witness my hand and official seal. (' Notary Public My add��ss 01 £. Hopkins Aspen, Co 81611 . i •• . s i 1 1���FI�7tJWWAMtr1::<rWIN lGt7az+ uas>vt.ss. - it Recorded Mt..... _... ._._...o'•lntTr.......td.. ._..... ti fi:6f: B!w! ?. 1•lir:i! ' .` Raception No_.�.. _...__ .. .._ �191� 1%SgD, Lucie tYJs I t!a) {` totem i--Ax-rt I . Harris and `' r: wd wife of tht: b'i iulE;5:rta a l (3e+tut7 tf 4%.nel:in r.: r State of 0;4tiiritl. of the f`.r t hart..sd I Deml I. i:tn F: t. r L. Uorald L. Si�ridait, mi urt!ivit�'�1 am half inte:': > "t:_ll !lu to -mitts ir, CQ'1!lo"end ¢uts Cr,'ndy of tielulepin of QUQ@Wo tl+e nccnd :I-rt: 1iIrMESS 1, t:+at ilia said p.:tiesof the fin.; pail. for and in co„sldcralion of the sum of Ten 3rbe :,krJlilo (a0.i.'o;------------------------ - --- --- is e bt.AIs to t>«t itid fart iCF of tie But part in hand paid by said part .Les of the socoed part, the rece pl vrht:^of herebycecdetae'i vW aeknotrtedge,� bXe granted, ba:sainai, jolt? cad coni,eye sad by the.. presents do Fk,, convey attd confirtr, auto the said part ley of the second prat, thel%its and asstgtta for- (t race, ill the following de.,oribed apt at pastel of lend, sit -.ate, lying and being in tke � Ce�xnty of ritlCll trd State or Colorado, to wit: A CondoMillitan Unit consisting of Apc-rba;nt Unit Number toget:lel- 7,,Ith an appurtenant undivided one -twenty first interest in and to the general. common elements, JiaJv•' �Iourtaln Village Condominium Apartments, according en tLc M—ap thereof filed for record and the Condominium 11-claration for Shadow }k.;ntain Village Condominium .,;ai-tnients recorded in boa?: -14, Pange 23 through 41, (,;*bLty of pit!.:'ln, state of Colorado. f� ! TOGETHER a :t a1: and singular the . -:-ditatnenta and appurtenances thereto belonging. or in aayr.rise ayperiFtaing, and t..+ reversion and tevarriae+�- rem-fisder and remainders, rents, issues and profits then:uf, and all [� the e&tat •, r[gbt, tith , tutereat, cliim sand dt rund whatsoevrr of the said part leS of the first part, either In taw `` •,r putts, of, !n and t , the aboce bargained p.etas:s, with the bereditamenLs and appurtenances. t+ TO HAVA AND TO HOLD the naid pta-,nivs above hargained and described with the appurt^peaces, unto tbs :j y •0 prat :CS of ti,, >�eond part, thei t• h-irs at.d assigns forever. And the, said parties at the fiat part, i for :het-t sal les,t1111eirs, executors, a!td administrators. do covenant, g ant. bargain, and agree to and ritit tbe:sW pa+t 'es at the ec.-ond oart,theillteirs and asslgtu. that at the time of the enrealirg and delivery . f those presents. ihCy are well suited of the premises above conveyed, as of fraud. sure, perfect, absolute and [rArfrasible estate of inhetitante, in law. in fee simple, and ha i'e good tight, full power and lawful authority ,mat, 64;Fa[n, sell an concep Me same in m::nrcr and form as aforesaid, and that tiro &acre are free and clear 11 from s11 ft rr •.,r end r!I,-r grant&. bargains, aAtee, liens, tau:, o".essments and encuinl.rnnees of whatever kind or 1 nature pe.*vcr. , t'XCept tht_ ful lcr.:ity;: 1. 'ia..es for the vea., 101 anal soostc:ient years and special :assessrlents or charges not C.;tif:eai to th,:` treat_:ur.r s office. t t. yeti by i)eed rPa t _pied September 1 ny :i:. ..ila`T:: ]'!y_.i-. �,j.aeai.h the iuriico at _o:la'� e IS93. Ii v.� _.i, it.lL;d -ail. t�: .. .... cay::t.:inej. ,:� Cale Unito\ a'lt:s .°::i_nt recorded :Xilgust 6, �.:'4 In Book i.f$, �.:►':.3::7:., 1a'.:l'Iitlui?_, :',!st?:1'. ...':S. ls•:. •...iSJ::s, contrition::.-s— us, at�l':t''r.:1tS, @asCIGGIltS, aii: a lvIL•. .L:ai v.::V"' i TC\' : S10r15 , 1(1C IUai11.;; ,.:.L ;tor i n ared- to proV i £ «OILS ft:_ L'.14 pa--mcnt of money :al 10. Ile' 111 tale evcCnt of dot'-.117IL, a.1 J:1C::-.. in that :(-.ctain COI:•�l1',:.:11 ::� :k'C1arStlon for `i77..L)w biO,::7t:1iI. :i:ag,` CUl:. Lh-.lniu:i :IC,. the by-L3ws fcx Slla•:ct: �$X%"1tSill ail!-b26 `gsoci:i.jor., :t to1or:uuo Oo ­,,oratioll, no- :O: )rofit. i'UO.' ic. Zratstol` oL l:.e Cc.-j;itT a)1 Plta.3:, irate :nsura-co.- -:cr 7t`cOai. irt: J13ia:e Ofil7C l erra :i:.: v�J3'.C3 Ji r.LaL:I iia\', ., :t,E'UL ri::�' 5 t o•° a: in i.ao}a 23L.., rage 3SI :i id ..s' n,:ti ,o C.,r.1t.:Llnity Maio['::.: -..",e 1113':'. c•? �� ^�:}' by separate a::iteal ..t'Itl 1S, 1%S.., ;ezorde,! Lecei,.1.?er 29, 7,966, '.r. B3,1, 2?ti, }',.1;. J.i'J, i�:lich reel t�•, +::.?L i/artic.b c.,, tea' .�tc5n:pz:1't i•1.iti,1110 :ll,l ::yYee ',O r2, acccrtling its terms. �) '!f. ;•ff i'YC11:'1.��1'`'.rrPrG:.r.t •1. 1 C1'rJtl: a:, t iklb .lf?7t My C6�= 3 fir. ..;' , 1,'i1:A �'. +lL • `r • 131PI. a=% tt� ... ATTACHMENT 7 ' AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ' ADDRESS OF PROPERTY: , Aspen, CO ' SCHEDULED PUBLIC HEARING DATE: , 200_ I STATE OF COLORADO ) ) ss. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally ' certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 1 Publication of notice: By the publication in the legal 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 public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more 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) Rezoning or text amendment. Whenever the official zoning district map is in ' any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use 1 regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public ' inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this of , 200_, by day WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE P UBL I CA TION PHOTOGRAPH OF THE POSTED NOTICE (SIG19 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL LXHIB i 1 A Todd Klindworth ' PO Box 25318 St. Croix, US Virgin Island ' Mobile 1-303-981-3053, office 1-340-778-5626 email: cableguy@compuserve.com IPast Owner of Shadow Mountain Condo ' Todd Klindworth Shadow Mountain #5 ' 2004-current I Dear My name is Todd Klindworth. My wife Heather, son Hudson (3) and daughter MacKenzie (17 months) ' are the current owner of your condo in Aspen. We have also bought the unit next door. As our family has grown we have found the need for a little more space. We love the location of Shadow Mountain and are attempting to remove the wall between the two condos. For this we need your assistance. I know the condo has been out of your thoughts for a long time, but if I could trouble you this is of major importance to us and I apologize for the intrusion. The current code in Aspen makes this a bit difficult but there is hope for our endeavor, it requires assistance of all previous owners of our two condos. If we can verify that the condo was never rented to a qualified employee of an Aspen employer we can combine the two condos. If you never rented your condo long term, then this is very easy. Below follows the specific definition from the Aspen code which defines an employee and employer in this matter. Employee/Qualified Resident/Buyer - A person who is employed for an employer as defined below on a basis of a minimum of 1,500 hours worked per calendar year in Pitkin County, which averages 35 hours a week, 11 months a year, physically working in Pitkin County and must reside in the unit a minimum of nine (9) months out of the year. If self-employed, the worker must provide a verification of the work done in Pitkin County. Emplover (Pitkin County Employer) —A business whose business address is located within Aspen or Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who work in ' 0 0 EXHIBIT A Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. If an employer is not physically based in Pitkin County, an employee must be able to verify that they work in Pitkin County a minimum of 1,500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County. If you could confirm to me you never rented your condo long term to an Aspen employee as defined above, please simply acknowledge this by signing this letter below my name. I can not tell you how much I appreciate you taking the time to help us. If you ever need a place in Aspen, please call me at 303-981-3053. Regards, Todd Klindworth I acknowledge that while I owned Shadow Mountain Unit +'# 5 it was never rented long term to an Aspen employee. r S�„G:c lG:n� 62IL-iAi/2v��„ � � %G�C'd=-�<- �' Uj; '�'.Ll / � d�✓✓:2-(/' /' " t v F 9 04 09 12:28p PATRICK WDSAID 8316689 Todd Klindworth PO Sax 25318 St. Croix, US Vrgin island Mobile 1-303-981-3053, office 1-340-778-5626 email: cableguy@compuser.,e.com Past owner of Shadow MountnaIn Condon /t ctc—cicr�:L� sL vLA i 5 Dear 3 My name is Todd Klindworth. My wife Heather, son Hudson (3) and daughter MacKenzie (17 months) are the current owner of your condo in Aspen. We have also bought the unit next door. As our family has grown we have found the need for a little more space. We ioye the location of Shadow Mountain and are attempting to remove the wall between the two condos. For this we need your assistance. I know the condo has been out of your thoughts for a long time, but if I could trouble you this is of major Importance to us and I apologize for the intrusion. The current code In Aspen makes this a bit difficult but there is hope for our endeavor, it requires assistance of all previous owners of our two condos. If we can verify that the condo was never rented to a qualified employee of an Aspen employer we can combine the two condos. If you never rented your condo long term, then this is very easy. Below follows the specific definition from the Aspen code which defines an employee and employer in this matter. Employee/Qualified Resident/Buyer -A person who is employed for an employer as defined below on a basis of a minimum of 1,500 hours worked per calendar year in Pitkin County, which averages 35 hours a week,11 months a year, physically working in Pitkin County and must reside in the unit a minimum of nine (9) months out of the year. If self-employed, the worker must provide a verification of the work done In Pitkin County. Employer (Pitkin County Employer) —A business whose business address is located within Aspen or Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who work in Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. if an employer is not physically based in Pitkin County, an employee must be able to verify that they work in Pitkin County a EXHIBIT B Aug 04 09 12:30p PATRICK PODSAID 8316553389 EXHIBIT B minimum of 1,500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County. If you could confirm to me you never rented your condo long term to an Aspen employee as defined above, please simply acknowledge this by signing this letter below my name. I can not tell you how much I appreciate you taking the time to help us. If you ever need a place in Aspen, please call me at 303-981-3053. Regards, Todd Klindworth I acknowledge that while I owned Shadow Mountain Unit ti was never rented long term to an Aspen employee, f �t`'�'��.� � l EXHIBIT C Todd Ifiiri+ciu/orth PO Box 25318 St. Croix, US Virgin Island Mobile 1-303-981-3053, office 1-340-778-5626 email: cableguy@compuserve.com IPast Owner of Shadow Mountain Condo Todd Klindworth Shadow Mountain #6 1998-current '9 ` O I Dear 1 My name is Todd Klindworth. My wife Heather, son Hudson (3) and daughter MacKenzie (17 months) Iare the current owners of your condo in Aspen. We have also bought the unit next door. As our family has grown we have found the need for a little more space. We love the location of Shadow Mountain and are attempting to remove the wall between the two condos. For this we need your assistance. I know the condo has been out of your thoughts for a long time, but if I could trouble you this is of major importance to us and I apologize for the intrusion. The current code in Aspen makes this a bit difficult but there is hope for our endeavor, it requires assistance of all previous owners of our two condos. If we can verify that the condo was never rented to a qualified employee of an Aspen employer we can combine the two condos. If you never rented your condo long term, then this is very easy. Below follows the specific definition from the Aspen code which defines an employee and employer in this matter. Employee/Qualified Resident/Buyer - A person who is employed for an employer as defined below on a basis of a minimum of 1,500 hours worked per calendar year in Pitkin County, which averages 35 hours a week, 11 months a year, physically working in Pitkin County and must reside in the unit a minimum of nine (9) months out of the year. If self-employed, the worker must provide a verification of the work done in Pitkin County. Employer (Pitkin County Employer) — A business whose business address is located within Aspen or Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who work in 0 0 EXHIBIT C Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. If an employer is not physically based in Pitkin County, an employee must be able to verify that they work in Pitkin County a minimum of 1,500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County. If you could confirm to me you never rented your condo long term to an Aspen employee as defined above, please simply acknowledge this by signing this letter below my name. I cannot tell you hour much I appreciate you taking the time to help us. If you ever need a place in Aspen, please call me at 303-981-3053. Regards, Todd Klindwoith I acknowledge that while I owned Shadow Mountain Unit # 6 it was never rented long term to an Aspen employee. �� J 0 0 EXHIBIT D James Ellis Owner of Shadow Mountain Condo #7 ' 1985-current Owner To Whorn It May Concern ' I have owned and lived in my condo at Shadow Mountain for the last 23 years. I have also been active on the Board for 17 of those years. No unit at Shadow Mountain has ever been rented as employee ' housing as the description below defines. Our property has generally been the most exclusive and expensive property in town, not exactly conducivO to employee housing. Employee/Qualified Resident/Buyer - A persoi who is employed for an employer as defined below on a basis of a minimum of 1,500 hours worked per calendar year in Pitkin County, which averages 35 hours a week, 11 months a year, physically working in Pitkin County and must reside in the unit a minimum of nine (9) months out of the year. If self-employed, the worker must provide a verification of the work done in Pitkin County. Employer (Pitkin County Employer) —A business whose business address is located within Aspen or Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who work in Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. If an employer is not physically based in Pitkin County, an employee must be able to verify that they work in Pitkin County a minimum of 1,500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County. James Ellis 1 P R O P E R T 1 E s O F A S P E N 40 EXHIBIT E 8/17/09 To whom it may concern; I was asked to verify the use and/ oriental of Shadow Mountain Village units 5 and 6 ' based on my experience with the management of the Homeowners Association and individual condominiums. My experience with management of those condominium and HOA dates back to August, 1984 when I became the General Manager of Coates, Reid and Waldron Property Management and we became the management company for Shadow Mountain Village Association and condominiums. The Shadow Mountain was always a complex for short term (nightly) rentals to ski vacationers in the ski season and ' to nightly / weekly vacationers in the summer. A few owners used their condos for vacation homes and did not rent short term such as unit #5 which was used as a vacation condominium by the former owner and then it was sold to Pat Podsaid of Florida in 1985. ' He and his family used it for a vacation condo after they bought it and never rented it to local employees after they bought it either. The same was true for unit#6. They never rented it short term or long term to employees. I can confirm, that in my 25. years of ' management involvement with the Shadow Mountain Village units 5 and 6 have never been rented to a employees. The complex itself was designed and built and used as a vacation property. ' I am basing my statements on these definitions: Employee/ Qualified resident/ buyer- a person who is employed for an employer as defined below on a basis of a minimum of 1500 hours worked per calendar year in Pitkin ' county, which averages 35 hours a week, 11 months a year, physically working in Pitkin county and must reside in the unit a minimum of.9 months of the year. ' Employer (Pitkin County employer) -A business whose business address is located within Aspen or Pitkin County, whose business employs employees within Pitkin county and whose taxes are paid in Pitkin county. Let me know if you need anything else Sincerely, l Michael Spalding General Manager REAL ESTATE PROPERTY MANAGEMENT VACATION RENTALS SINCE 1974 730 East Durant Aspen, CO 81611 970 920 2000 fax 970 920 2020 800 633 0336 Reservations@FriasProperties.com FriasProperties.com MARGARET S, MIZEN EXHIBIT I~ 809 S. ASPEN STREET #15 ASPEN, CO 81615 M.MIZEN@MIZEN.COM AUGUST 19, 2009 TO WHOM IT MAY CONCERN MY PARENTS WERE ORIGINAL OWNERS OF UNIT #IS WHEN BUILT IN 1964. OUR UNIT REMAINS IN THE FAMILY WITH MY LATE FATHER, MY HUSBAND, AND MYSELF HAVING SERVED ON THE BOARD OF MANAGERS DURING THIS TIME. USING THE DESCRIPTION BELOW NO UNIT AT SHADOW MOUNTAIN HAS EVER BEEN RENTED AS EMPLOYEE HOUSING. EMPLOYEE/QUALIFIED RESIDENT/BUYER - A PERSON WHO IS EMPLOYED FOR AN EMPLOYER AS DEFINED BELOW ON A BASIS OF A MINIMUM OF 1,500 HOURS WORKED PER CALENDAR YEAR IN PITKIN COUNTY, WHICH AVERAGES 35 HOURS A WEEK, 1 1 MONTHS A YEAR, PHYSICALLY WORKING IN PITKIN COUNTY AND MUST RESIDE IN THE UNIT A MINIMUM OF NINE (9) MONTHS OUT OF THE YEAR. IF SELF- EMPLOYED, THE WORKER MUST PROVIDE A VERIFICATION OF THE WORK DONE IN PITKIN COUNTY. EMPLOYER (PITKIN COUNTY EMPLOYER) - A BUSINESS WHOSE BUSINESS ADDRESS IS LOCATED WITHIN ASPEN OR PITKIN COUNTY, WHOSE BUSINESS EMPLOYS EMPLOYEES (AS DEFINED HEREIN) WITHIN PITKIN COUNTY, WHO WORK IN PITKIN COUNTY, AND WHOSE BUSINESS ' TAXES ARE PAID IN ASPEN OR PITKIN COUNTY. IF AN EMPLOYER IS NOT PHYSICALLY BASED IN PITKIN COUNTY, AN EMPLOYEE MUST BE ABLE TO VERIFY THAT THEY WORK 1N PITKIN COUNTY A MINIMUM OF 1,500 ' HOURS PER CALENDAR YEAR FOR INDIVIDUALS, BUSINESSES OR INSTITUTIONAL OPERATIONS LOCATED IN PITKIN COUNTY. REGARDS, Michael Digitally signed by Michael R. NlQ/-�cQl-e ee QC% /vl%Zen Mizen DN: cn=Michael R. Mizen, ' MARGARET SEELBACH MIZEN o=Mizen and Associates, Inc., ou, R • Mizen email=m.mizen@mizen.com, c=US Date: 2009.08.20 21:15:48 -05 00 0 0 TKA Ownership History Unit 5 Owner Purchase Date J. Todd & Heather Klindworth 10/26/2004 Patrick Podsaid 2/22/1985 Daniel Vesco 6/15/1983 Dean I. Van Eaton & Donald L. Sheridan 6/15/1971 Robert E. Harris & Joan M. Harris No Record Unit 6 J. Todd Klindworth 9/16/1998 Stefanie Sokol Glaser 4/12/1990 Richard P. Verne & Jo Moring Verne 1/11/1989 George & Christine Burns 8/13/1975 John & Judy Weinert 3/25/1971 H.T. & Anna M. Stucker No Record Sales i • Page 1 of 1 Pitkin County Assessor Sales Detail Information Assessor/Treasurer-Property Search I Assessor Subset Query I Assessor 3a ua Clerk & Recorder Reception Search Parcel Detail I Value Detail Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Account Number .\� R005190 f Reception Book Page I[=Salete Sale Price Deed Type Doc Fee Number ll 1 503959 10/27/2004 825,000 WD $82.50 Grantor Name Grantee Name PODSAID PATRICK =JKLINDWORTH J TODD & HEATHER Reception Book Page I )'ale Date' Sale Price Deed Type Doc Fee Number 481 825 2/22/19 185,000 W Grantor Name Grantee Name Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the information herein contained. Copyright © 2008 Good Turns Software. All Rights Reserved. Database& Web Design by- Good -Turns -Software - - http://wNvw.pitkinassessor.org/assessor•/sales.asp?AccotintNuniber=R005190 8/25/2008 ' CiTY OF ASPEN CITY OF ASPEN MRETT PAID WRE17 PAID DATE REP NO. DATE REP NO. 11-g 0-F &~ 6-..lt" IZ 11-9-e'� V' o: I11111111111 I I 5ge:©3959 1111 IN 11/08120©a le:4IA SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 82.50 ' WHEN RECORDED RETURN TO: p)� �.� $2-'5O Name: Brandt & Feigenbaum ��ii ' Address: 132 Midland Avenue, 44 Basalt, CO 81621 ' 'WARRANTY DEED ' THIS DEED, made this 26th day of October, 2004, between Patrick Podsaid of the said County of Dade and State of Florida, grantor, and J. Todd Klindworth and Heather Klindworth, joint tenants whose legal address is PO Box 25318. St Croix, VI 00824 of the Virgil Islands, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has ' granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but ill joint tenancy, all the real property, together with improvements, if any, situate, lying and being in 1 the said County of Pitkin and State of Colorado described as follows: Condominium Unit 5, SHADOW MOUNTAIN VILLAGE CONDOMINIUM APARTMENTS, ' according to the Condominium Map thereof, recorded July 12, 1965 in Plat Book 3 at Page 33 and as further defined and described in the Condominium Declaration for Shadow Mountain Village Apartments recorded July 12, 1965 in Book 214 at Page 28 as Reception No. 121163. COUNTY OF PITKIN, STATE OF COLORADO also known by street and number as: 809 S Aspen St. 5, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his FileNuuli-6 . a3131ste5YJ�7�59 `rmlytDced — Warmly loan Truants (individual) TRANSFER DECLARATION RECEIVED 11/08/2004 Page I of 2 503 92 of 59 31111I11 IN 1111111 2004 I0 .4 IA SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 82.50 ' heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, ' encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular ' number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Patrick Podsaid STATE OF Florida COUNTY OF Dade The foregoing instrument was acknowledged before me this day of O , to(A , by Patrick Podsaid . My commission expires l % Witness my hand and official seal. Notary Public: i W OONUIS M / DD 12M tiudNTMuN.IryN 0folA.dl.r11a7 Fite Number. 43131 Stewart Title of Aspen, Inc, Warranty D;ed — Joint Tenants (individual) Pap 2 of 2 503959 1111J11111�1 Page: 3 of 3 lJ1ll�lllll�! S JlllllJllllJll1! +l I 1LVIA DAVIT P !J!lJ1la. tliea ' ITKIIi COUNTY CO R IO.EO p 004 10;41A 62.50 EXHIBIT 1 ' EXCEPTIONS 1. Water rights, claims or title to water. 2. Taxes for the year 2004 and subsequent years not yet due and payable. 3. Right of proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded August 26, 1949 in Book 175 at Page 145. ' 4. Terms, conditions and obligations of contract for water service between the City of Aspen and Shadow Mountain Village as set forth in instrument recorded January H, 1963 in Book ' 211 at Page 158 as Reception No. 119704. 5. Terms, conditions and obligations of Certificate of Incorporation of Shadow Mountain Village Condominium Association recorded July 26, 1965 in Book 214 at Page 178 as Reception No. 121279. 6. Terms, conditions and obligations of Condominium Declaration for Shadow Mountain Village as set forth in instrument recorded July 12, 1965 in Book 214 at Page 28 as Reception No. 121163. NOTE: Notice of House Rules pursuant to Condominium Declaration recorded July 30, 1979 in Book 373 at Page 343 as Reception No. 216699, ' 7. Easements, rights of way and other matters as shown and contained on Plat of Shadow Mountain Village Condominium recorded July 12, 1965 in Plat Book 3 at Page 33, File Number: 43131 Sku-art Tille ofAspat, Inc. Ps6e I of I 4831 1 Fll,l\(; STANIP .2 �,�� b 1 ,-i1ry rn .t Februa F-13 rn rtjp 12nd ills _ 0. .0 DANIEL VFSCO W T. u's Dade 1-3 P I 1;0 C, U LLs:i C; M Florida crt PATRICK PODSAID 2701 S. BayshOrO Drive 33133 ...... FL Coconut Groves ..I t b". 1 - , t1'lIAAf/J lion I.. I'D good valuable considera/ Wl '�A*11.1'1�; �jlld I,:- . k Y.,f ($10.00) and cther and III, vil'.11-lif is 110,10-Y TEN AND NO/ DOLLARS 1) 1-r 11- dilllPa• ,.-v ;,;.r, and "Sivillall I It part. ills fill', fI,,. I-Illf-l.1,I. wit'I• land. eit"St". jyjllaw 1 1:11.".4 Pitkin kin 5 together with an aPPur- UNIT ,-LIMBER CONSISTING OF APARTMENT Common Elements, to the General IT A CONDOMINIP"' UN y first interest in and -twenty to the Map thereof one . according tenart undivided klINIUM AJDARTMENTS, YOUNTAIN VILLAGE SHADOW MOUNTAIN VILLAGE CONDOI Declaration for SHADOW operty the real Pr filed for record and the Condominium 28 Of in Book 214 at Page KL TS, recorded CONDOMINIUM APARTMENTS, ColoradoAsVen, records Of Pitkin County, gog S. A, -pen St CO 81611 1 ' 1-:Ind a till 1-- ri still] Jill Ill .1-oifIfFl, will all Ittill :111.1 rel"Wt.ill 1.,w q-4-quity. 'if. x- fit -I hrri 10111111.1. It 1, 1,,. 141.1ma U•tmnceg• unto the xall Ili& I'l!"I MV galt 10111-1f. his heir in Mid W the nhnee . first In-, f"l' lol,l) till. �110 pw'l V .4 'S'DTo I Al;,l ..f I I,(. � . ,,,n(i part. To ilov A. 1; Ili,. $;11.1 lmrty "all.1 %kit rire,l of the -niisys V 4 Ih,ll nll)i,.. und has Jjj%V. I' hixIli lit livits itnd t ".I f"I.111 a, S ... ... ".v till- 1,141114. manner "f vrant. hal gam. 'uns livils. tax"s. ;111(1 fullropeTtY lien for real � IIIV .­.%Z.,uEXCFPT the reser- aifiwv,mill- Mill "ll"t n . ..... in 1986, an bsequent Years Sod mineral SUBJECT To right for 1985- due �nd payable Book 115 at Page 279, and recorded in BO ore therefrom as ations contail.led in deed tract and remove v Of a vein or lode to ex at Page 298. Conditions 115158, f the proprietor States Patent recorded in Book recorded in Book 211 at Page lareserved in United Water Service as Contract for ONS CONTINUED ON REVERSE) nd Obligations of as contain.d in instrument (SUBJECTI ...... 1) part. Ills Restrictions .:it I. and ill I h., 1. 1 G % J.-A".." I. I)EFFNIP. Till, �Mllilho mintill.l. -hpll Will tht, :11 voi 1'. ;,jii,l 1,11 ;. 1-1 "1111 Sl.1sij!lls;lW ANII 1wil Ill., %vill WAR the raid Ill% 1-1): t1i awl 0- ill. 31111, parl I,;.- Lrlrnntn.rt I- glj'lTN F alm% �Vlith FA 1.1 Daniel VC-sco a,�,tf.l attorney-ir.-iQf FrederiA F-Peirce, attorn M? 2 to 1 ' t L _ __�— _�_ _____ -1 I ...... pitkin 'Fe�ruql�V 22nd �%w •i. .... lit for DanielVe`c0 attc.rney-in-fact Frederick F. Peirce Is ` Y fl, - Ji I Lid 11.1 1 I _.i I , - I jime 22, 1971 . ............ ... . ............................. Ritelption 14-6164 Peggy E. Miklich BOOK255 at 3 ..... ....... . ... .. ................. ................ ............. .... . THIS I RFD, Mae* this, Jay Of 'Ime .19 7.1 b-ctm­ Robert E. Harris mA Joan �J. uarris, hw%band and Id fe jwi "Nil nnesorg Ccuutl r.[ !Lrulepiu and sla'r or 06363M.f it first pact, and DPA1 i i . Van Eaton, .-u-,J Donal : L. qper-&a, ar undivirted F in %:( "muil C'A,- Mlf interest each tonarit:3 .t- CaLiTitT C-f fj�nnepia and State of Tri-P.- --ra W. That the said tne fir t ram for nzm in ctvtskl. iatEon of 0- --til Tor, ji-rd N31101) is.10.00)-- - -- - - - - - - - - -- - -- - -- - - '- -,.- - - : -------------------------- !)OLIARS ii It-- tte said wt ies of tare Tit%t part in hand paid by Laid part ies of the second part, the receipt Vry-.e ,)L, I lxxe67 carfened and aayowipezed, bye granted, barjlm;ned, sold and C011yeYeil, mid by iltesr prestrits &T2ut, bargaht, sell, couTty and confirm, unto the tak cart kS of the second part. the i it-it.l and f,,r- evir. all the following de.uriSedIL4 it parcel of land, situate, lying anti h0q: :it the C"Uty of PitEn and State of Colorat-w, to wit: 111 A Cor0cqu 'nium trait consisting of Apartment Unit Nunher 5 togetl-meer id Ili all appurtenant tuidivitled one-ttiellty first interest in and to the general carrion eicvciits, --j and the above balSmArkej -are.+-,- ift 1h.. -_;cz .,I rA.mre.,6.v J%­.aVi,i.m..f the qi.W part it-., f !I., see. Jul 1-1. the i r btirS and ILI:$-AA il:124 b. Ud and rlr,fy P"r,' I .,r 1-rF.,nis luwf:.Jly h,itj,it,v t.. .-J,q the or any part tl,ejectf. thl aid JAI-L -:. --f the fffs- put shu;, ami w0l 1.11 WITNFt:- WIiFJ1E6-. 0.. ::Lie psrLIC, ..-t 0 eirtit part halt an Aj (.SFA 1. 1 M; I r i s ,;'rArF OF MMIKA I- Tne fettguisil, ir-,r—urm. •I Jay :tf by R, e, t I. :,.1, !111,; ;if: ex ! ' '.. ". I - > ►1 "e 'U ';t PAL;, 0 u. ry IL 1 .3 f. MIAL .'afj ty Co=.- 0 • TKA Ownership History Unit 5 Owner Purchase Date J. Todd & Heather Klindworth 10/26/2004 Patrick Podsaid 2/22/1985 Daniel Vesco 6/15/1983 Dean I. Van Eaton & Donald L. Sheridan 6/15/1971 Robert E. Harris & Joan M. Harris No Record Unit 6 J. Todd Klindworth 9/16/1993 Stefanie Sokol Glaser 4/12/1990 Richard P. Verne & Jo Moring Verne 1/11/1989 George & Christine Burns 8/13/1975 John & Judy Weinert 3/25/1971 H.T. & Anna M. Stucker No Record Sales Page 1 of 1 Pitkin County Assessor Sales Detail Information 1 Assessor/Treasurer Property_ Search I Assessor Subset Query_ I Assessc Clerk & Recorder Reception Search Parcel Detail I Value Detail Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs 1 Account Nuniber t R004625 Reception Book I ' Number L 421982 Grantor Name GLASER STEFANIE SOKOL Reception Book ' Number I 618 ' Grantor Name Reception Book Page Sale Date Stile Price Deed Type Doc Fee Number 583 Grantor Name Page Sale Date Sale Price Deed Type Doc Fee 9/16/1998 385,500 jj WD $38.55 Grantee Name KLINEWORTH J TODD Page Sale Date11 Sale Price ILDeed Type Doc Fee 159 4/12/1990 268,500 WD Grantee Name 956 l 1/12/1989 11 / 168,500 IL WD Grantee Name V Top of Paee Assessor Database Search Options I Treasurer Database Search Options ' Pitkin County Home Page 1 The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the information ' herein contained_ Copyright © 2008 Good Turns Software. All Rights Reserved. ' Database & Web Design by Good Turns Software. littp:Hwww.pitkinassessor.org/assessor/sales.asp?AccotintNumbet=R004625 8/25/2008 0 WARRANTY DEED THIS DEED, made thin 16 day of SEPTEMBER 1993, between STEFANIE SOKOL GLASER OF THE COUNTY OF ' N'WLIuzrf. STATE OF MY GRANTOR, AND J. TODD KLINDKORTH GRANTEE � whose legal address is : P. O. BOX 25310 _ ST. CROIX, VI 00824 (?i O r COUNTY OF STATE OF Z �� WITNESSETIi, That for and in consideration of the sum of ten dollars p and other good and valuable consideration, the receipt and sufficiency of a pp, which is hereby acknowledged, the grantor has granted, bargained, sold and Iy conveyed, and by these presents does grant, bargain, sell and convey and ¢¢ confirm unto the grantee, his heirs and assigns forever, all the real [t W property together with improvements, if any, situate and lying and being in art— the County of PITKIN, State of COLORADO, described as follows: O C0I4DO:-JINIU4 UNIT 6, SHADOW MOUNTAIN VILLAGE, CONDOIAINIUI•i APART14ENTS, according to the Condominium I•Jap thereof recorded July 12, 1965 in Plat Book 3 at Page 33 and as further defined and described in the Condominium Declaration for Shadow mountain Village Apartments recorded July 12, 1965 in Book 214 at Page 28. 11111111111111111 HIM 111111111IN 1111111111111111IIII IIII Cb Cb 421982 09/18/1925 MOP WO DAVIS sILVI 4 yC'Y15 d'fC VQ04 1 of 2 R 11.00 0 38.55 N 0.00 PITKIN COUNTY CO TOO MIR with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and Ureversions, remainders, rents, issues and profits thereof, and all the a estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, Of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, p assessments, encumbrances and restrictions of whatever kind or nature Z Z soever, except those matters as set forth on Exhibit "A" attached hereto Tp and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs = Ii0 and assigns, against all and every person or persons lawfully claiming the V w whole or any part thereof. The singular number shall include the plural, F' the pl ral the singular, a the use of gender shall be applicable to all gen I tiL STEFrN E SOKOL GLASER STATE OF C I c- r ct r.) c. J COUNTY OFSs. The__foreg4B9_instrument was acknowledged before me this C day of 19 cJ c by STEFAI4IE SOKOL GLASER D WIT17ES9 my hand and official seal my commission expires:7otary Pu' is �JoyS."goro,Tbl6(ypwMo � Ac9�n.Cdsrado 81611 0 • EXHIBIT "A" 1. Taxes for the year 1998 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 175 at Page 298. 3. Mineral reservations as contained in Deed recorded in Book 115 at Page 279. 4. Conditions of Contract for Water Service between The City of Aspen and Shadow Mountain Village as contained in instrument recorded in Book 211 at Page 158. 5. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Shadow Mountain Village recorded July 12, 1965 in Book 214 at Page 28, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 6. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Shadow Mountain Village Condominium Association recorded in Book 214 at Page 178. 111111111111111111111111111111111111111 O1111111111IN 421982 0!/ia/1f9! t2162F NO DAVIS SILVI 2 of 2 R 11.00 0 35.55 N 0.00 lITKIN COUNTY CO • 0 r - RRA M*P DEED `a C Lo THIS DEED, made this /�. day of April, 1990, between RICHARD Q�' in P. VERNE and JO MORING VE94 Grantor, and STEFA14TE SOKOL GLASER, _� whose legal address is ou e. 74th Strrrl, ,�pj. ua• ���, .•„rk `�. (;28 2 i , Grantee: p'p;11 HITNESSETH, that the Grantor for and in consideration of the Wa,t- sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby EE4 ;� acknowledged, has granted, bargained, ul these presents does grant, bargain, sellsold and convsyed, and by , convey and confirm, unto n = the Grantee, her heirs and assigns forever, all the real property t together with improvements, if any, situate, lying and being in they County of Pi.tkin and State of Colorado described as followsr---- CONDOMINIUM UNIT 6, SHADOW MOUNTAIN VILLAGE CONDOMINIUM APARTMENTS, ACCORDING TO THE .� CONDOMINIUM MAP THEREOF RECORDED JULY 12, 1965 N IN PUT BOOK 3 AT PAGE 33; AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM C.) I(, DECLARATION FOR SHADOW MOUNTAIN VILLAGE 7N 2 NPAGEN2B,TS RECORDED DULY 12, 1965 IN BOOK 214 W as known by street and number as: 809 South Aspen Street Aspen A. 0 Colorado. , p l __.. 0 0 TOGETHER with all and singular hereditaments and appurtenances L' u Wt� thereto belonging, or in any wise appertaining, and the reversion H _ and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. described HAVEwit AND TO a HOLD the said premises above bargained and esaigns forever. And the Grantor, forto the themselves,etheir heirsher , and and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, her heirs and assigns, that at the time of the ensealing and delivery of of the premises above coeyed the has Be p es n sure, they are well seized and indefeasible estate of inheritance, in law, inefee csimple,land has good right, full power and lawful authority to grant, bargain, +.o sell and convey the same in manner and form as aforesaid, and that r the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: w 1. 1990 taxes due and rt payable on or after January 1, 1991. v"i 2. Mineral reservations as contained in Deed recorded in a Book 115 at Page 279. H 3. Reservations and exceptions as contained in the United y States Patent recorded in Book 175 at Page 289 as follows: CC 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. 4. Conditions and obligations of contract for water service between the City of Aspen and Shadow Mountain Village as contained in instrument recorded in Book 211 at Page 158. 5. Restrict won cls__which - do not ---contain a. for�Aiture or reverter ause, but omitting restrictions, if any, baeed nn race color, religion or national origin as contained in instrrace, recorded in Book 214 at Page 2B and Articles of Incorporation to^ a ► 111yX KS FiGE160 Shadow Mountain Village Condominium recorded in Book 214 at page 178, and Amendments thereto. The Grantor shall and will WARRANT AND FOREVEP, DEFEND the above -bargained premises in the quiet and peaceai•ls possession of the Grantee, her heirs and assigns, against all and every person lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. R$, and P. Ver J Jo Morinq Verne STATE OF COLORADO COUNTY OF PITRIN The foregoing instrument was acknowledged before me this i 'lay of April, 1990, by Richard P. Verne and Jo Morinq Verne. Witness my hand and official seal. My commission expires:` r2sverwd404.re i cs Notary 2 JULIE E. GRAYSON !Cowry rwie. Stale of Now York No. 31.4938945 G""sd In Naw Yc:k County C KM19$ ion Eqw" Jury 25, 1!L G+ Recorded at % iZ.o'clocklE M__4/�/': • RBCepUm NO _ :3 r' .! i 94/ SILVIA DAVIS PITKIN COUNT'; RECORDER 5 83 WARRANTY DEED THIS DEED, made this // day of January, 1989, between GEORGE BURNS AND CHRISTINE BURNS, of the County of Pinellas, State of Florida, Grantors, and RICHARD P. VERNE AND JO MORING VERNE, as Joint Tenants, whose legal address is 300 East 56th Street, New York, New York 10022, County of New York, State of flew York, Grantees: AITHERSETH, That the Grantors, for and in consideration of the SUM of Ten Dollars ($10.00) and other good and valuable consider- ation, the receipt and sufficiency of which is hereby acknowledg- ed, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property together with improvements, if any, situate, lying and being in the County of Pitki.n, State of Colorado, described as follows: Condominium Unit 6, SHADOW MOUNTAIN VILLAGE CONDOMINIUM APARTMENTS, according to the Condominium Map thereof Iy� recorded July 12, 1965 in Plat Book 3 at Page 33; and as (J) further defined and described in the Condominium Declarat- 00 1. ion for Shadow Mountain Village Apartments recorded July 12, 1965 in Book 214 at Page 28, COUNTY OF PITKIN, STATE OF rt COLORADO. �+ TOGETHER with all and singular the hereditaments and appurten- hnces thereto belonging, or in anywise appertaining, and the .:!keversion and reversions, remainder and remainders, rents, issues and profits t'hereoi; and all the estate, right, title, interest, claim and d.uand whatsoever of the Grantors, either in law or equity, of, in and tv the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, their heirs and assigns forever. And the Grantors, for themselves, their heirs and personal representatives, do covenant, grant, i•argain and agree to and with the Grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, nave good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful author- ity to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assess- ments, encumbrances and restrictions of whatever kind or nature soever, except the following: 1. General taxes for 1989 due and payable in 1990. 2. The effect of inclusion of subject property in any general or specific water conservancy, fire protection, soil conservat- ion or other district or inclusion in any water service or street improvement area, or other special taxing district. 1 m t 1 V.i A 5,7.3 F:ic:95 1 3. Mineral reservations as contained in Deed recorded in Hook 115 at Page 279. 4. Reservations and exceptions as contained in Patent recorded in Book 175 at Page 289. 5. Conditions and obligations as contained in instrument recorded in Book 211 at Page 159. 6. Restri.ctiona as contained in instrument recorded in Book 214 at Page 28, in Articles of Incorporation for Shadow Mountain Village Condominium recorded in Book 214 at Page 178, and in Amendments thereto. ALL DOCUMENTS RECORDED IN PITKIN COUNTY, COLORADO and the above bargained prenises in the quiet and peaceable Possession of the Grantees, the survivor of then, their assigns and the heirs and assigns of such survivor, against all and ever person or persons lawfully claiming or to claim the whole or any part thereof, the Grantors shall and will WARRANT AND FOREVER DEFEND. Tho bingular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. IN AITNE83 VREREOF, the Grantors Lave executed this deed on the date set forth above. GEORGE BURNS cHRIgTiNg` E '-zt STATE OF FLORIDA ) COUNTY OF PINELLAS ) ss• The foregoing document was acknowledged and sworn to before me this / ZO day of January, 1989, by GEORGE BURNS AND CHRISTItiE BURNS. My commission eX ires • Ha!ry h,hAe, 5�,�„� qq; „1 L,,,s Witness my hand and c� `'�"'' `' +'"� •1 Official seal. �/ZQ tom! � �yslfa r�-�. •" . s.0 �ary//yu is . C) 2 t k) en to, he nl 12t12 P August 26, 1975 f Recordedat-....... o clock......-...X................'..................................................... - T ,.,r,y.��...- _ Lei". r.10 Recepp............1 I Wa"5 ..Jv1ie...liane................ tion \a ............................ ..... ............ ......... Recorder. T ' �+k I RECORDRR'.4 STAb l 13rS DEED, Madc this 1 � day of August T9 75 , betate❑ JOHN W7EINEPT and JUDY WEI\ERT STATI WYI MARY i AUG 2 G PAiu of the County of and State of SCOntSin a first part, and a�r4..-r •--•-• i ct'i:G= RiR\S and CHRISTI\E BC:`S I 3 I -,rand Terrace, LesingLon, Mossachusetts 02173 i at'im t!0Q31 t t &""txILMd+Oalatxd'ui of the second part: WIT\ESSETII, that the said part 106 of the first part, for and in consideration of the sum of Ten and nr.1100------------------------------------------------------ DOLLARS, i Ito the said part ies of the first part in hand paid by the said parties of the second pert, the receipt whereof is hereby confassed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the Second part, their heirs and assigns forever, not In tenancy in common but in joint tenancy, al: the following described lot or parcel of land, situate, lying and being is the County of Pi tkin and State of Colorado, to wlt: 3orniniu-c .Dart-:za: Unit n, SHADOW MOUNTAIN l'ILLACE CONDONINIIIN according ro rho nap thereof filed for record and aJor.,ini=trt Ileclara tin❑ there -of recorded in Book 214 at page 28, Sl'BAKCI to the tern.: , cunciititns and obligattons of said G. ;l:�. i:•T,ita L,T.-`c•i:1'11.3CIOn. T OGET13FR w',.h a)! and sir:guiar the hereditsmunts a: T sppurtena:ecee tbei'eurto behngirg, or in anFwlse a„trtainir.g, the reversion slid rev,•r---iot.s, remain 1,>r sr,d remind.-rs, re: t<. issue; and profits thereof; and all the ' estate, right, tile, irn-:tst. slain: sad drtrand whatsoever of the esid parr, LCs of the firs( port, either in law or equity, of, to and to tl.e t,'- •e I.srgainri pretrises, with the !xreditaments and appurtenwicee. TO HAVE A\D TO ITOLD the said prcmt+es ub,ve t, a!'c i and descril ed, with the appurtenances, unto the said parties of tht second part. their Mies and n:--agr* f.--ovt-.AT. '4 :}e said part Ies of the first par:, for t'hein set v,•- irheirs, exvrnt. m. and ado:i:.ictrs:. ;_ .? . -,,mart. grant. Lat;^in and neree to and ni:h : aa:d yarti- f 1!:c sc. :t.1 }art. 0 .•:r heir: end ss.i ._ ._..; a; :..t` Cr of the cn;cr:ling and deliecr}• i•1 these p•ca' rr's t :., ,t , ael: reirrd cf t!.e }-re:::i<s Al. c. ,�. ;.t „a;. aure, p�•r{err, alsolute a!td indefeasible retau rf r..!.cri:as: e, it: law. in fee >iu•. h% n::d ha r, • - r ,:.:�.: ;1;, toll I;.w+-r and latvfnl an(h;-ril}' to ;:ran:. har- ,a r. ,.cl. ►•.d :.vr}• :! r rn:re vl :rs:a'tr rend rer, s' :.sit t.:. i ti:ai the rk!ra arc free and clone fronn all f, tn:or u..; • ti .r pro•:s. 1.spa:r.<. raT.w li,ns 1as•-- -r.. :. _� a., r.!:•un:T�c: c.r ,-! -I- aievor Find nr nature et•et:•r. r.=trV.11.1rns, t ruts rend condition:; .,i tat! Conditions sulk] thli:,a[lons of nt::i t'tlln t• Ct nett+mininm':ltaot-1 Iton at.1 :!.e tt•,rr �•►v�aitir� pre:oiaes i!, the qu:ct s:;.,i }ea;raile l:ose.•asidn of the acid pnt•tiea Of the ar,•nnd part. their Lr.rr ►` ! ►.< r".: aga.:.st all ar.,! .•v,.ry }.,_. .. , : } rrs.a.. ;'atrluliy c!ain,in; c•r t„ a-'nim the nhvlo or any putt a_crrn.•. tl•• :� a ( tJ.e first }ari sS,&N aa.l will \CAi:L•A\T AND FOI:Ti1'RR 1.1a•'E\1). IX a it \FSS ,"HER};ttp the ratd part i-: tf the first part La':. h: rennla netthoIr hands ,uid a. a: the day aad year first at. eve %rit:e:1 :b-red 'ra:.-: at.! h.hve:e.1 in ••.e t••.->:,•t•:...��f � �.-. i................ .........._:........»..:_................ .................... _(SE.A.L] ... tu.I t' h't•Ta� r! t r : ..................... . _.._....._. _...[SEAL , : A 11: 1,1- cUT,CtTA%Da r . 1] ea. ii atru:ueat wvs ■c};n„wJcdt.•d before me this day of August rt ❑rnl .!u.i, nt rt bly cc6,:Int,aior• csy,rra 1 + ?/•. Witness my hard and official seal. - ' �C,j trotarr P¢Lifs ' 4 :Y`r .•,' d iE�:59 :--luni-1;-197r lec6p i' - lio. 145881 Peggy Mlich, Rrcorder BOOK�JS rAGE000 THIS DEED, Made this tw=nty-fifth day of March in the year of our Lora e tt`-oc _- nine hun-',_d seventy -One etween H. T. STUCKER and wife, ANNA STUC KER, of the Ccunty of Tarrant, and State of Texas, of the first par_, and WEINEQT and wife, JUDY WEINERT, of the County of . Y State of Wisconsin of the second part: WITNESSETH, That the said parties of the first part, for and in consid- . of the sum or TEN AND NO/100 ($10.00) DOLLARS, and other good and val- consideration, to the said parties of the first part in hand paid by the said �d of ttw second part, the receipt whereof is hereby confessed and acknowledged, Qror► ed, bargained, sold and con\,eyed, and by these presents do grant, bargain, 1, convey and confirm unto the said parties of the second part, their heirs and as - forever, not in tenancy in common but in joint tenancy, all the following describ- lot or parcel of land, situate, lying and being in the County of Pitkin, and State of orado, to -wit: A Condominium Unit consisting of Apartment Unit Number 6, j together with an appurtenant undivided one -twenty first inter- �`- Sast in and to the general common elements, Shadow Mountain ,JUN -Village Condominium Apartments, according to the Map thereof nled for record and the Condominium Declaration for Shadow S ----- --" Mountain Village Condominium Apartments, recorded in Book ' 214, pages 28 through 41 Grantees accept and agree to be bound by the terms, conditions and provisions contained in that certain Condominium Declara- tion For Shadow Mountain Village Condominium Apartments referred to hereinabove and the By -Laws for Shadow Mountain Village Condominium Association, a Colorado Corporation, not for profit. Grantees evpre=s'.;; a, ree to carry c�,t the provisions contained In Paragraph 27 of the recorded Condominium Declara- t(on referred to hercinabove. i TOGETHER with all and sin;ular thy hereditaments and appurtenances there - unto belonging, or in anyvisc appertaining, and the reversion and reversions, remain- i der and remaindcrs, rt•nts, issues and prarit; th,:rcof; and all the estate, right, title, t irnterest, claim and den-kand vrha"itecevcr of tl„ paid ,:arrtie, of the first part, either in law or cquity, of, in anti to the z+t»ve tar: =ir.ci Frcmi=i: , with the hereditarnents and appurtenances. TO 1-AVE AND 10 1 iOt.I) :+'ti ci+id rretniat- above bar;;aincd and describe �, With the aur:�rrance;., unto tho _ ,,-,id F• r`;ii s of the second part, their heirs end as- E signs forc-%-%•r% And via aid `:lrtia c :r :!-i• rlr::37 : Fl-trt, for` kf�� tYt3. �y�: , tr'.;'ir heirs, r executor_,, nn � =dmini: i t-mor: , doC J\•Crl •rt, ::r"r:, hratn . ':d n,,n—cc :J a'ld with the I said Parties \ter the _i'cr :d F >r the it h., it-.. =nd : _ = 1:.. ,Z; 01 1 • ; . - ' i:.,^• . t1 c tin , of e::,el,rly and dell\•cry C ltrC�i' pri.•�r1:7, thiy zlri ::i11=ii.^ia of , v rin%i;ic a! \':. conveyed, ' as O: good, .l.r=C, jli•rrCi t, at- `,�::; arl� indi=c'-8:'. -•.c ice:.:." v Ir1}li: r...-,)� •Y1 _ la:i, in fee s irh� l i , ;. h.:.\ i C) J :r t• .t. v, .11 -.•l! X0I Lnd rom.., \; t14• :vainly in tr'llVlir an? fol`r71 .-.!'i ri id, =nc! that the '3 Z! '.0 arc,cfri'i and clear- ftl-,ru all t'orrl:: ar•rti t :f:rr Jr`: , r =+t r llc r�� r :a<":, 358a = ments and lrrt'`. rl'.t•r,:li ..`r tr'., r kin.i .' for 1970 Mu all and C'\h'r`\ 1• c-n or, I•C/' �rl t' 'r�.tr ^i?i: tr` __ _-1 -.i• :Fz 1 ._..___ ____-.-_...�.. tlrcrcof, tlrt' ...?d ll:r:ic .r t?1, fir_. l ..�- .�! :t•l;^..i!: ..:L�`^ ��. �. �lr arc-r,-t^ — �:v M-T F ND. IN W1 i iQi.ti- \.i ,i I,�i C`F;+d r ;,! h r _ tl`% fir`zi: Fir`: lYc h:r`i'.:'rto set thrit` h;1n �: �' "r ,:�.;;!_ :I:r• �j.i�r :.•lam :r fir. a to%o tLr"1::• •r. 1 � E BOOKt-DJ FAi, 0 37 STATE OF TEXAS § COUNTY OF TARRANT § The foregoing instrument %vas acknowledged before me this day of ..' 1971, by H. T". STUCKER and wife, ANNA M. STICK ER . My commission expires June 1, 1971. Witness my hand and official seal. _ 1�• Notary Public 13 Y DZTNGON SIRFET PAAKMFDK TRADESN" EO ROBDLT G SNCUR AR.CHrfECRRE m PO BOX 88f A�EV,CCLORADO816R 97"25i269 r 97O925-5478 F TKA l—FCR- PFR.rT DATE 4AW RE mal KALE: 06'=ra SrTE-PULN & conSTKUCrK)N MANAGa04'r ar A.2.0