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HomeMy WebLinkAboutcoa.lu.gm.809 S Aspen St.0058.2009THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0058.2009.ASLU 273513124020 809 S. ASPEN STREET DREW ALEXANDER EXTEN. GMOS ROBERT SINCLAIR 10.20.09 CLOSED BY Angela Scorey on 10/20/2009 s .~ 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-I-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 •• ,.~., w-- ~ . 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 ~-nlxr 2. ?1~v~ Date A^PpR~~ED D~1UNIlyD ~ ?Q09 GTY~Dq~HTDIRfCTpR Page 2of 3 ~..b ~,~: DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafrer "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 afrer the third anniversazy 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 Villaee 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 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 ]2, 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 ^12`" day of October, 2009, by the City of Aspen Community Development Director. / I n 1, _ Chris Bendon, Community Development Director ~.; 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 County of Pitkin ... . _, ~ ~ ~ 5~ ss. I, ~'VI~~GI ~-+C~V ~ (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 216.30/6.010 (E) of the Aspen Land Use Code in the following manner: 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. c~aP'Y*~-chi-. ~__ L--.~7 Sig Q The foregoing "Affidavit of Notice" was acknowledged before me this ~3 day of ~~~~r , 2008, by C WITNESS MY HAND AND OFFICIAL SEAL My commission expires: (~ f I ~ ,b~~ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION i LAURA G~ ~ ~AEYER ~~, Commission F.xpi~es 081108010 s/ Ciry of gspen ^ublishetl in The As en Lmes Weekly on October 11.2009. ~012)119~ .~ Z73S15 • l • 2~F . 020 0058.2UO~l • A41-~1 1 .~ Permit Type aslu -Aspen Land Use Permd t 0088.2009.ASLU Address 809 5 ASPEN ST J AptJSuite 5 City ASPEN Rate CO - Zip 81611 _ Permit Information _.. ...:. _: Master Permit~J Rd#ing Queue aslu07 Applied 09J22r2009 Protect J Status Pending ADWOVed ~J Description TKA -MULTI FAMILY REPLACEMENT EXEMPTION -SHADOW MOUNTAIN Issued ~J TOWNHOUSE, UNIT 58u6 GMQS Final ~ J SuGnitted ROBERT SINCLAIR ARCHITECHURE, Cbck Running Days r 0 Exp'ves 09J17J2010 J 'Owner... _ _.. _.._ _.. _ _... .... _ Lest Name KLINDWORTH TODD J Fist Name r 509 S ASPEN Phone ~ ASPEN CO 81fi11 Owner Is AppBcant? oadK~,t Last Name KLINDWORTH TODD J First Name ~ 809 S ASPEN Phone r Oust X 8672 J 5 ASPEN CO 81611 __. _.. -Lender _.._ _ __ __.. ___- __.__. ._. Las[ Name ~J First Name ~ ', Phone C(.L~ 323'7 ~ ~n~-1, ~sa0-Qv cf,~ i2er~.p~ 264Go ~~1Zlo~ s C i i II ~~~ ~~ ~ ~~~~"~ ~ ~~ ~: ~ RE~E-VED SEP ~ ~ ?009 r C11'y ~ ~Ut p~Jr""~CIII September 15, 2009 "~"~! r Ms. Jessica Garrow, Long Range Planner City of Aspen Community Development i° 130 S. Galena Aspen CO 81611 "' RE: TKA -Multi Family Replacement Exemption Shadow Mountain Townhouse, units 5 &r 6 c 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 &t #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. M Under Code Section 26.470.070 Minor Planning and Zoning Commission ' Applications. .. Chapter 5. Demolition or redevelopment of multi-family housing. a ~. 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. r Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. 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-standingplanninggoals of the community. Achievement of thesegoals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and y n~l'1n i`~1I ~~~UAII NI~~ ~~~RA R. ni ui G. SWtL11R Nn unicnuri, Ini • P: ~i iii rig i Ii,~~ 811+• 7101 Dwc ~~i A~i, Sn W-i • Agri n, ~ ci.~K+oo 81611 • ~'. 97U.925.i269 • 1.9709255#78 i VA AA AA R L> 1 Ic ~. 11 I I L l 1 U li I C J Al r o .. 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 Ciry and the Aspen/Pithin 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 Ciry 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 housingshortfall from occurring. ' The combining, demolition or redevelopment of multi family housing shall be approved, approved with ,. conditions or denied by the Planning and honing Commission based on compliance with the following requirements (seedefinitionofdemalition.) Demolition To raze, disassemble, tear down or destroy lorry percent (40%) 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 '0 from 1988 were inadvertently omitted. In 2008 Council voted to'Yeadopt" 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. a ,,. 8. Exemptions. The Community Development Director shall exempt from theprocedures 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 compliancewith any otherprovisions of this Title (Ord. No.22-2008,1): c) 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 occupanry 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 ~ includingzoning,growtk management, and building codes (Ord. No. 22-2008,1) + + p ~. 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. Whffe 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 Khndworth, current owner unit #5, that this unit has been used exclusively as tourist accommodations or by non- workingresidents 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 l0 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- workingresidents 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 ~ #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. s a i n,vi~ n~uw ~o~~i n~~, is ~~~ Vl AA AA H t, i A R ~ III I P, 111 li I ~ J A 1 ~+ EXHIBIT F ' Letter of affirmation from Margaret Seelbach Mizen and Michael R. 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. a I have also included our records and deed research for your information. Please see: ~ EXHIBIT G ' Ownership History and Deed Records Condominium Unit #5 Shadow Mountain Village Condominium Apartments. EXHIBIT H r Ownership History and Deed Records Condominium Unit #6 Shadow Mountain Village Condominium Apartments. r 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, ~ Robert G. Sinclair, AIA ,~ Robert G. Sinclair Architecture, Inc. encl. Land Use Application package s Exhibits A - F -letters supporting ownership and rental history Exhibits G &t H -Ownership History Units #5 and #6 '~ Site plan with vicinity map, NTS cc: Todd Klindworth with encl. r 1 A>rn Aiu ~~wnii N~~~ l: an VA AA N0.(.> AI(i 11I I Pi I llH I i JN ,,,,,, a..r TODD KLINDWORTH 809 S. ASPEN ST ' SHADOW MOUNTAIN 5 & 6 ASPEN, CO 81611 TEL. 970-925-6862 w ' April 9, 2008 City of Aspen Community Development 130 S Galena Street Aspen, CO 81611 Via: Hand delivery Re: TKA - Klindworth Residence 809 S. Aspen St. Units 5 &e 6 Aspen Colorado ' To 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, desia , permitting and administrative issues pertaining to my property located at 809 S. Aspen St. Units 5 Est 6. r All correspondence and/or inquiries, etc. should be directed to the RGSA office at the address listed below. w :i Y 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,/ / /~l- ; ~-G-~ _ Todd Klindworth W CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT r ,, GENERAL LAND USE APPLICATION PACKET a THE Clrr OF ASPEN a 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 Form 2. Land Use Application Form r 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 intemet at www.aspenpitkin.com ,City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold apre-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. .. s i ..,, ., ATTACHMENTI 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 ' 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. 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 ]and use applications is listed on the next page. ,r•. :, .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of City of Asnen Develoa ment Ao ati on F e es olic CITY OF ASPEN (hereinafter CITY) and ~~ ~N~~ G/G ~• ~ y ~ ~ j I->~~GI°'1 ~• ~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: ~~ (hereinafter, THE 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 [he 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 aze 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 APPLICANT Chris Bendon Community Development Director ,Date: ~/f~l~ y T Billing Addres~~d T`~~ j~= Numrber: . v • o v+I wi7 1~ .-. ,. .~ ATTACHMENT 2-LAND USE APPLICATION ~ PROJECT: a A Name: ,~iYV +-'f~tf Location: ~ • ~~~ q (Indicate street address, lot & block number, le al descri tion where a ro riate) Pazcel ID # (RE UIRED) 1PPT7CANT: Name: ~V'~/`{~1/-' Q Address: ~ ~ n~~1 t ~i Phone #: Name: i"wDr1`[ D • A~ ~ Address: ~. V ~ ~~Xy'~` Phone #: ~~0 9 %'~'' TvPx, nr APPT J('ATT()N: (please check all that annlvl: GMQS Exemption ^ GMQS Allotment ^ Special Review ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Commercial Design Review ^ Residential Design Variance ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Lot Split ^ Lot Line Adjustment ^ Temporary Use ^ Text/Map Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion [~]'" Other: W1ULT1-PM1 }Wf EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ~G7lIk~Icf~l fNJC1~i 4 ~G U-tl~f 17~'6dNtW1 OL11~lJV01?I,*~-d (.w}0~1~ FL~MW141~ ~+ SAM~11~ ,Ia,OA~ UN 6 Q~ 'ROPOSAL• (description of proposed buildings uses modifications etc.) zd'h/V~ I~t~iNG W1~1v1./Nuo I~(~H'kE Wb7Ya ~1P'E1~'tlbi.,r Uzi o7V [aye you attached the followinf;? FEES DUE: $ „ QPre-Application Conference Summary 3`~ /97o7Yf [v]~ ttachment #1, Signed Fee Agreement '' [~~esponse to Attachment #3, Dimensional Requirements Form []"Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 'A~~~'^ 3-D Model for large project s 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 ,. r Project: Applicant: Location: Zone District: Lot Size: LOIIKJO Lot Area: GONdO (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: I/~f1" Proposed: NO G/'//}~JYjGf Number of residential units: Existing: Proposed: Number of bedrooms: Existing.• Proposed: r Proposed % of demolition (Historic properties only): N~~ ~° 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-conformit ies or encroachments : /~///~ Variations requested: ,Qc~ ~ ~~~ 2 ~ . ,~i i~~'Ir " "~I w(~`J 1 " .. r Nb ~kN6e ~Qt1l ~ ~~m ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM r w r a 7 r ++ r r N ~ ~~ w° ~ ~ ~ ~ ~ S~. •ij o ~ T Z x ~ cw r+ U G ~ w O G 9 d c j o ~¢o w d' o .b U 0 p U ~ ~ b J ai ~-y aF~ Q ^ a. d y F o ~ U N ^ O A w goy ~~ LL N ~ O .~ '~_ N X ~ ~ /y Y F a ~ a O C N c ~ U ~ 7 C F ^ cC w=a ~ o ~ 2 o a `~ `~ ~' ~ Qy ,~, ... ~~~ U U ~a N •°_'v~ ~ a o c .U O ~ -+ 'd .Q y 7 ~~~ o ~ p w L m L 3 U Y O w i E ~ N N N ~ G ~ a d3 ~ ~ ma ~ 'O L O a L Fy L ~ L U ~ L O F F ~ U~ 7 ^'~ O O O C W S U ~ ~ ~ c ti e cU R L N4°. 0 9 E E U E °a ~' L y L Q 'O Q 9 Q .~ O Q ~ ~~ i v E~ O `o Lo 0 oN L ~°a ~ C. z C. 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LL 7 U ~ x U iF # Vf r w i t i lam' -~uw n+~T r W/A - ~ ~!~ "'~`~I 1'~'t ~9"v//~r''~~~ ~/~ ATTACK 1. Land Use Application with P 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 curent 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, confracts and agreements affecting the parcel, and demonstrating the owner's right to apply fofthe Development Application. '4. An 8 12" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the curent 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 warant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's F/ A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant [o the development application. 8. Plan with Existing and proposed grades at two-foot contours, with five-foot intervals for grades over ten (10) percent. ~/~ 9. Proposed elevations of the development ~/ ~ 10. A description of proposed {~ construction techniques to be used. N~ 11 A Plao with the 100-year floodplain n / line and [he high water line. r 4-CONT'D- k2. Accurate elevations (in relahon to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is consWCied; a demonstration that all new consWction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be consWCted or improved; a demonstration that the sWCtbre will have the lowest floor, including basement, elevated to at least Iwo (2) feet above the base flood elevatioq all as certified by a registered professional engineer or architect. ~' landscape plan that includes native vegetative screening of no less than fifty (60) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable ma~te/riayshould it die. 1C Sit'e~tions drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevatons above/swea~~level. /Poposed elevations of the - development, including any rooftop egwp /n/t~and how it will be screened. . Proposed elevations of the development, including any rooftop eryriy~ery and how it will be screened. 17. A sketch plan of the site showing existing and proposed features which are rel~ t,[o the review. 1 One (]) inch equ]) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent pAro/p~i}es are located. N Arplat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a stele of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street AL KEY system in the area of the proposed subdivision. The contents of the plaz shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. S/u~bVd/iyision GlS Data. 27. /~aodscape plan showing location, size, and type of proposed landscape fe~ y.~ A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 6.470. The precise wording of any prop~~,ammdment. 24. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (l") inch equals twenty (20') feet, including before end "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one-hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standgr~ of this Section. 25. AA~ nd FCC Coordinafian. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Co/~~"~ ion (FCC). 2b. Structural Integrity Report from a professional engineer licensed in the State o ~'glorado. 27.7. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success //n``~~o success. 28 ~~Neighborhood black plan at 1"=50' (available from City Engineering Deparmtent) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) r w r 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. I~ Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that demonstrate technique, specification, and/ / /*, elevations of all buildings on both sides of or light level if they exist. NAP the block, including present condition of the subject property. Label photos and mount on a presentation board ~ 31. A condominium subdivision '~ ~ / /'f, exemption plat drawn with permanent ink (y ~ ~S on reproducible arylar. Sheet size shall be 'r twenTy-four (24) inches by tltirty-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 aone-half (1/2) inch margin around the other tlvee (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 ~~ N 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 pazking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan ~~~ generally indicating the use, massing, scale, and orientahon of the proposed dings. b uil / ' / 34. Awritten descripton of the variance • being requested. w r r ,,.,, ,, - ATTACHMENT5 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. v2! 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 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 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 1 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 ,, 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 Staffls 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. w . / 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. 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). y. 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). w 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 s 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. .. M w N +y M s a r t t~. /~' ~ ATTACHMENT7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE y ADDRESS OF PROPERTY: ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ° ) ss. County of Pitkin ) 200 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: 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 Fifreen (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) r s ,~ .e ,. ,.. .~ r a,~, .~ J 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 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 _ day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF TI3E OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ' - ~, EXHIBIT A ., .. Todd Klindworth w PO Box 25318 St. Croix, Us Virgin Island Moblle 1-303-981-3063, office 1-340-778-5626 email: cableguy@compuser~a.rem ,w nY Past Owner ofShadov/ Mountain Condo ^~ Todd Klindworth Shadov/ Mountain #5 2004-current ~~t^-~/ "" Dear My name is Tedd Klindv/orth. Rey e~rife Heather, son Hudson (3) aid daughter Mackenzie (17 months) are the current ov/ner of your condo in Aspen. 4Ve have also bought the unit next door. P.s our family has grown we have found the need for a little more space. We love the location of Shadov/ Mountain and are atternptingco remove the wall between the two condos. For this v/e need your assistance. I know the condo has been out of your thoughts for a long tune, 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 o~.vners 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 Pitl<ir~ County and rr~ust reside in the unit a minimum of nine (9) months out of the year. Ifself-employed, the worker must provide a verification ofthe work " tlone in Pitkin County. Employer (Pitkin County Emploverl -A business v/hose business address is located within Aspen or Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who work in `^ 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 hotiv ' much I appreciate you taking the time to help us. !f 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 ii was never rented long term to an Aspen employee. ;~-'/ ~ f iJs / j~ ~ „- r a r a 3 04 09 12:28p PATRICK ,~ODSAID 8316553389 p.1 EXHIBIT B Todd Klindworth PO Box 25318 St. Croix, US Vrgin island ~~ Mobile k303-481-3053, office 1-340.778-5626 email: cableguy@compusarve.com a "w .. PastUwnerof5hadow Mountain Condo p r (t~' r ; r Cc ~-r s~~~' vttii N. ~ 5 .. (c~g~(- ~.Gn`i ti Dear r My name is Todd Klindworth. My wife Heather, son Hudson (3~ and daughter MacKenzie (17 months) are the current owner ofyour rondo in Aspen. We have also bought the unit next door. Ps ourfamily 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 tondo 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 butthere is hope for ourendeavor, it requires assistante 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. -~ Emplayee(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. Ifself-employed, the worker must provide a verification ofthe work ,~ done in Pitkin County. .~ Emplpyer (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 verifythat they work in Pitkin County a • i' ,.'~ ~ ti: ,. .. r ti Aug 0~ 09 12:30p PATRICK A PODSAID 8316553389 EXHIBIT v minimum of 1,500 hours per calendaryearfor individuals, businesses orinstitutional 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 1 appreciate you taking the time to help us. Ifyou ever need a plate in Aspen, please tail me at 303-981-3053. • W y A Regards, Todd Klindworth I acknowledge that while I owned Shadow Mountain Unit ti was never rented long term to an Aspen employee. %-LS-'71a`~.L L1-Ci,.`Z .~[..;!slGt ~zayt Tart' ~~2 Lt-N ~ ~l CLy~ y C~LSL.. ._ n _~~~ / ~/fJ~ J~ /~ ~r/~~~ 7'f-zj=rcl; ~~Satc~/ ~~.ciN~.2 ~ j~;t-Zcc~~I- ~"'^ EXHIBIT C r Todd Klindworth PO Ba:c 25318 St. Croix, US Virgin Island ,, Mobile 1-303-981-3053, affice 1-3a0-778-5626 email: cableguy@compuserve.com r ,. ~ Past Owner of Shadow Mountain Cando Tedd Klindworth r Shadow Mountain.'+o 1998-current z=''~"y` Dear My name is Todd Klindworth. PAy wife Heather, son Hudson (3) and daughter Mackenzie (17 months) are 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 b2br/een the two condos. For this wz 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 iniportance 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 tv~+o condos. If we can verify thai the condo was never rented to ' a qualif led employee of an Aspen employer we can cornbine the tv,+o condos. If you never recited your condo long term, then this is very easy. Below folloves the specific definition from the Aspen code v/hich defines an employee and employer in this matter. Employee/Qualified Resident/Buyer - A person ~a+ho is employed for an employer as defined below on a basis of a minimum of 1,500 hours v.+orked per calendar year in Pitkin County, which averages 35 hours a week, 11 months a year, physically ~a+orking in Pitkin County and roust reside in the unit a minimum of nine (9) months out of the year. Ifself-employed, the worker must provide a verification of the v/ork done in Pitkin County. Emplayar (Pitkin County Emplaverl -A business v,+hose business address is located within Aspen or - Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who v,+ork in ,..~ o; EXHIBI~I 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 verii;~ that they work in Pitkin County a minimum of 1,500 fours per calendaryearforindividuals, businesses or institutional operations located in Pit'rin County. If you could confirm to me you never rented your condo long term to an Aspen employee as defined above, please simply acknov/ledge this by signing this letter below my name. I cannot tell you ho~:v a much I appreciate you taking the lime to help us. If you ever need a place in Aspen, please call meat 303-981-3053. Regards, .~ Todd Klindv/o~ih I acknov/ledge that ~t/hile I owned Shadow Mountain Unit # 6 it was never rented long term to an Aspen employee. // ~~ / , SG~2 Lt G~Lac- Y^"/GLrt I'Ly ~1 ~C.t~ ~WG9~Y I I%Sf~ C.:~>"/=~.T /~~~~~J d .. r r~ ti... James Ellis Owner of Shadow Mountain Condo #7 1985-current Owner EXHIBIT D ~ To Whom 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 p„~aperty has generally been the most exclusive and expensive property in town, not exactly cond'ucivE to employee housing. Employee/Qualified Resident/Buyer - A perso~i 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 J week, 11 months a year, physically workin~in Pitkin County and must reside in the unit a minimum of nine (9) months out of the year. Ifself-employed, the worker must provide a verification of the work w 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. a ^ r -r r r r James Ellis y ~~~ ...~J. PROP E[T i lE 5 `.,/ EXHIBIT E O F A S P E N 8/17/09 To whom it may concern; A I was asked to verir~ the use and/ or rental 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 becarne the General Manager of Coates, Reid and Waldron Property Management and we became the mauagement company for Shadow Mountain Village Association and condominiu~-ns. 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 i 985. 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 seine was true for unit #6. They never rented it short teen or long tem 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 yeaz in Pitkin county, which averages 35 hoars 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 u=hose business address is located within Aspen or Pitkin County, whose business employs employees within Pitkin county and whose faxes are paid in Pitkin county. Let me know if you need anything else Sin ~ Michael~Spalding GL~ iJ General Manager REAL ESTATE PROPERTY MANAGEMENT VACATION RENTALS SINCE 1974 730 East Durant Aspen, CO 81611 970 920 2000 tax 970 920 2020 800 633 0336 Reservations@FriasProperties.com FriasProperties.com r a r ait ,_ MARGARET S, MIZEN 809 S. ASPEN STREET #15 ASPEN, CO 81615 M.MIZEN@M1ZEN.COM AUGUST 19, 2009 TO WHOM IT MAY CONCERN EXHIBIT E MY PARENTS WERE ORIGINAL OWNERS OF UNIT #15 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 y 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 W INSTITUTIONAL OPERATIONS LOCATED IN PITKIN COUNTY. w REGARDS, /1'1LL-yQl'ef J~ee/6ac~7 /1'IiZen M i ~ h a P MARGARET SEELBACH MIZEN - R. Mizen .. Digitally signed by Michael R. Mizen DN: cn=Michael R. Mizen, o=Mizen and Associates, Inc., ou, ema i I=m.mizen@m izen.com, ~=US Date: 2009.08.2021:15:48 -05'00' ,•. ~~ TKA Ownership History IYX .~ 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!1511971 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 Morin Verne 1/11/1989 Geor e & Christine Burns 8/13!1975 John & Jud INeinert 3/25/1971 H.T. & Ahna M. Stucker No Record _ __ r --I-~ n~_ U~t-i~ i r r __ Ton of Paee Assessor Database Search Options ~ Treasurer Database Search Options .. Pitkin Countv Home Paee __ - 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 Linable to warrant any of the information herein contained. ~ _ - - Copyright ©2008 Good Tums Software. All Rights Reserved. ' Database & Web Design by-Good T-urns-Seftviare: - - -- -- http://www.pitkinassessor.org/assessor/sales.asp?AccountNumber=R005190 Sales ..~, ;~ Page l of I Pitkin County Assessor Sales Detail Information Assessor/Treasurer Pronertv Search ~ Assessor Subset Oueiy ~ Assessor Jzuco ~.... __- Clerk & Recorder Receution Search Parcel Detail ~ Vahte Detail ~ Sales Detail ~ Residential/Conunercial Improvement Detail Land Detail ~ Photoaraohs ~,~ Account Nmvber !/ Reception Number 503959 Boolc Pa a j Sale Date 10/27/2004. Sale Price ~ 825,000 Deed T e YP WD Doc Fee $82.50 Grantor Name Grantee Name PODSAID PATRICK -,, KLINDWORTH J TODD & HEATHER Reception Book .Number ~ Pa a ~ ale Date 1 / Sale Price ~ Deed T e YP Doc Fee 481 825 2/22/19 ~ 185,000 0 Grantor Name Grantee Name 8/25/2008 ~. CITY OF ASPEN HRETT PAID DAT& REP If-g ~f ~' • WARRANTY DEED THIS DEED, made this 26th day of October, 2004, behveen Patrick Podsaid of the said County of Dade and State of Florida, grantor, and J. Todd Klindtoorth and Reuther Klindworth, joint _ tenants whose legal address is PO Box 25318. S( Croix, VI 00824 of the Virgut Islands, grantee: N0. 6~1H'7 E CITY OF ASPEN WRETT PAID DATE REP NZ:1, Il~g-d`~" ~ O: IIIIq)VIII IIII~I~I~I~IIII~~IIIIIII~II IIN~iIIII 5a a9eo9 ia:ala SILVlq DgV15 plTKni COUNTY CO - R 16.00 D 62.50 WHEN RECORDED RETURN TO: Name: Brandt & Feigenbaum Address: 132 Midland Avenue, #14 Basatt, CO 81621 WITNESS, that the grantor, for and in consideration of the sum of Ten dollazs and other good and valuable consideration, the receipt and suiliciency of which is hereby ackno~dledged, 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 in ~ joint tenancy, al] the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as Collows: Condominium Unit 5, SHADOW MOUNTAIN VILLAGE CONDOMINNM APARTMENTS, according to the Condomhtium Map thereof, recorded July 12, 1965 itt Plat Book 3 at Page 33 and as fitriher defined and described in the Condominium Declaration for Shadow Mountain Village Apartments recorded July l2, 1965 in Book 214 at Page 28 as Reception No. 121163. COUNTY OF P1TK1N, STA`fE OF COLORADO also known by street and number as: 809 S Aspen St. S, Aspen, CO 81 GI 1 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 gantor, for himself, his _- --- File NumLer: ~d3131 __ - ~503~59 _ wa`rtanlylDced ~loun Tcnanu (Individua[I TRRNSFER DECLRRRiIDN RECEI4ED 11/08/2004 Page I of 2 ~. ,. (~IIN~I~II~I~IIINN~INII~IIII~IEII~~III~~I 50e 959 ie:,ts SILVIR D{iV I9 P7TKIN COUNTY CO a 18.50 D x2.50 heirs, and personal representatives, does covenant, grant, bazgain, and agree to and with the .. grantee, his haws 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 &ee and clear from all former and other gants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature socver, except ~ See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-6azgained 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 singulaz, 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. ~~t~ Patrick Podsaid STATE OF Florida COUNTY OF Dade The foregoing instrument was acknowledged before me this ~_ day of O~-, wcy , by Patrick Podsaid My wmtnission expires l ~~. Witness my hand and official seal. .c No aryPublic: . dULItL(GYIaDNA tstwtrtasax~DDtamo ~E7~IRlst Wig, Pee Number: X3131 r Steu7tl 75Qe of Aryen, lnc. wamnry Deed -Joint TrnenU Qndivtdoal) q h{e 2 ot2 .. A ~, . IIII~II~IIIIIlI~NIiI~BBllf~llilllllllp 5a390a9;e.,1a SILViq DRVIi P7 TKIN COtMTY CO R 16.00 D 32.30 EXHIBIT 1 EXCEPTIONS 1. Water rights, claims or title to water. r 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 hie 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 11, 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 reoorded July 26, 1965 in Book 214 at Page 178 as Reception No. 121279. 6. Tema, 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 Declazation recorded July 30, 1979 in Book 373 at Page 343 as Reception No. 216699, w 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, ~. r File Number: 43131 Steam 7"i3o of Aryrn, Inc. ~ Pt6a 1 of I i _, ,_ ~ _ ~ 4??1 Pne~~Z .., . ~.una I:. :.: .. II. ,. r'Ir r. O ` rn9~ L~) a i ~ '~ -; ti L. - '-_ ~ N ^' n February 22nd .:.. °_: < IS I ~ . J ~' .~ °i I:r 85. n~n.•. ,. DA11F.1. VF.SCO ~ r.:- .~ ~ .._ 3.p , '1 .• •_O 0'L .......( Dade ~ a m .. 1, OA _ 1'1_ ~ (V w:, ~-\ .I IL•~ m m Florida ~^ ~ PATRICK PODSATD 111 / ^.7D1 S. Bayshore Drive ..:- FL 33133 ld r ,; .1 r Coconut Grove, :fr/;rtft////I!/f,l!'!d Isl Ir.r, ~.^ " 1l~f! vddAf!/ 1; ..: 1 r ! I nh n; r ttijl!! ble considers/ l u '1 ! i ua r 111 It UI'f1t:>aa 11.'I1'.u tl„<md L•r I).l and ether good and va ..nl y:: lh•. 1111 lpt S (S 10.00) b : b : ...f . un. .me ,t y - m ~ d 4u 1 t. TEN AND NO/ 100 DOLLAR 'lllll::rr'11.:r:J l:, ll,r 'll -111 tJI'i ll I "1 t l . I 114 l,..,l:\r\ .'1.:•111-'rl u 11:• I;IJ 1' t W r .III III ' IIrIIUN 'r:, r.I r,LL:•T4'.rilt••J.. hls bru> +nd . ~:t4'nr r ' h r ,•:•r :r 4 .II{r.Sr•J 51rIJa r. r,I{P.' id P::rq' ur IL'..'rand 9, , y ~:e:rry :uvl ru nftr ul, nn V' a ,,u.l. atn;lu..lpttl¢;,1„1l~ru,¢in th•• .•~ILr ,, , Pltkln :,un Starr. ,.{I,,L.::.a...lr,.,,,1: USI'I SL'ktBER 5. together with an appur Elements, ' I 1 ; ,:,n•'d ART"fEC the General Cormaon ISTING OF AP A COND02fiNIlI1'1 UNIT CONS twenty first Snterest in and to accordin8 to the Map thereof eenart undivided one- r SNADOI: Y.OUNTAIN VILLAG NTAIN VILLAGE CONDO"tINI021 AnART>fENTS, real property O n t 1 U Sf1AMIM M a 2R of the Pag at e 21+ filed for record and the ordedninmBook w L c CONDOk1LNID".1 APARTMEtiTE, Colorado records of Pitkin County, ~+ gt„ Aspen, CO 811111 A.. en R09 S. `p . 1... u.in• ti),:utY`°i.v uPPr" ,h 6 ,., ,.•>=l rerl :unl nulu L:.r uvap.;rn,l :q.pnrV n;rnrr•. tb:•rrl.. l0 4 F•"~ ;mrl :dl ihr hur 'rr 1l:k: fllYll ,1'ilh nil and *n:pulnr thr hrv^ run.fu-t p;l rt. ru lu•r ill l:Iw m'rquU y. nf. r.rr:•'n.. n~n:a:P,l,.l :, u:l rrmawdr: •.: r ~.: ' r y . . n...aPl r„ l:.in in¢. Ill:d the r..,rrsim: :mrl r: l•~n;uln.. r I'i4'hL Of lr. ltllv:'rar, claim ui:A :lrluand w h:rf -.:rc.•r' f u IruNnrv•p. nnln thr• Said ll ••1:'•r` l l " , 'I't ^ : r. r •+In rlirr.l~h ll. rlrl'111111~1•I{. ItlV hl'Ir~. 1i111111d lnllll':Ihr•\'1'h::l'I'::IIIr'rll:l'r'tr~r.r'..ttlf •rlln"I. i`111'r11rY11 I~Ir4'i•II • I ,. 1 1 I I t II _ i . .. r .\r I l br 'I .. 41 -l 1•~ 1 ,n(tbr ~r,r nd PUr 1'1111\\P \111 T1I IIrn Utl n l It 1 vl P.u 1,' u 1 m 1 ,ull'IC n1111 ~tl'1 IC:1111I 1 rIP.,.., I'Lau ::11141 mr n.rnl.4 .h 1 11••11 >..ind nrlhr lrrrlnlnv rrr \ .•(I h:: I'rT-r It . unJ u+ b:M1:n:. 1" lr 'l i J , . . l r ,. ~:.:ubn'~. nnll :wbnin l l wl ul ! Im t rrm"~(lhr rn-r:111ri4' :•rr'1 {.:1.:LIr.r,lud~o{mhrl n:Utrr.ln l:l,e. to frr slnlp 'r :111J 11:1'111 J~ 1 ' r• „ : . II it hvn . anJ n1'1} tf1~n.:11„1'Im,.;,n,l 111, 1,':•\'1'11.:1"'f 4""'I. ~III't'. 1•r~ -.~n ::11'1 .":1,1'\' fllr ~nrllr' :11 r11:111111 ainr. >:de., lirm, Ivrcos. rnnl, Lat c:uP. L arx ilhr"'r 1111 n•11n L1.r ¢111,1=, LO e:Cy 4uod I'i}hl, roll ponrr aaJ I:pdnl anllt.n'Jy 41 r rl1•nr rr•'rr::dl n.... 1 . the lien for real P P n,.r nm eser- PT r.~ EXCE years sad mineral r Ilf1•rr•sa;n.:anl uml lho .nlnr. :u,. Lraurv rd u'h:alvrr kirl,l rn n:a,: r:.... , 1986 and ubsc9uent i18JECT 70 rSRht 1 F S I,.:r..iiwuis and anru nl due and payable in therefrom as Book ll 1985 i n 7 e I , n taxes for in or lode to extract and remove F.!s oYe va[iohs contaied in deed recorded 298, Condit Sons Page at S ; Eook 1/ of the proprietor of a ve vice as recorded in 8nok 211 at Page 1 + ited States Paten[ recorded fn ON RE1'ERSE) U n I ` ONTI1RUED reserved in f Contract for Eater Ser (SUBJECTIONS C r t1 11.111 instrument and Obligations o tained in ~ , .. 1•p• p ..r. m Ill lhrp•ur. and Restrictions as con nlln .ar.l ^t^rluun lbr whl,ll .. >I u1 ,h ll ' * G "„ p1•ar I, m•6•.rLJi:. 1I:nvlva: • nod llu' ;:L„crd La rcur'""1 u,r, I: nl; t: \'tat Pt:F 1:111. 'rh1' -u:ClJ ur uu ml:l.l. .hu nil :,ml 1.1.1 ., ,,,. n:n l" 'nin+t 117 Alp d 1 M 1 ~ " , ;. l~ rot utll\r:\1: ht~ir>nnd :niianr nL .{Ir-: lent -haR: rud,.r.1,;11, 1„ Il. al.lr!'lullprl, uPP l t Lr due :avl p~ur Gr>t :nfy 1,{ lh1 ~:1...,(wn) A l 6 { `~ 1 p ,.vrJ 1 Ihv •:ii, 1Jur 11d vu11 •• n Ithr lu--l Pant L:l. le~lrw0„.rl ln. l.:. ' rlmb.l hr Plum). Ulr Floral lln~-v1c 1 • 5 { I„1, m > 11\1'1'f1F.~~\\16:Ir1ioY. t1•r..:u.1 ~ . " :Ilnr\:•~\1'111 rIL - ' > - c Dan!el Vesco attorney-ir-fact der!ck F. Peirce, ~I~t:.~Ll ,~ N t re ~ ~ ~• 2 2 ~ ' i~K31.1 S ____ - -. _ .~1 ._____.._ _-_. ______- r.• ~. 1.--. I,a______, ..__ ___. __._ .... _. ,~- +T.tTPntroI~IRTI ._ -,: 4 ~~ ,,,, ..( Pitkin and for Daniel t'e=co attorney-in-fact ' yBi .t.. Fred?rick F. Peirce as I. r.~l ~:~~-~'~ ~'- . 1 o u r... t.. :.,... r -' !' ~ ~, (..., r 1 y ~.is . ,:: ! 1 ~' 1 i i r i ~~r s> - . 1 ~4~ .v ~. dim... .. -. _~ crest 481 paef82t~ SUBJP.CT10Rn CO.~`TINUI:D: recorded !n nook 214 at Page 29 and cHe Articles of Incorporation for Sl:adnw Mountain Village Condominium Associaclon recorded in Hook 214 at Paga l18, all as recorded fn [Ae real property records of Pitkin County, Colorado (("\,V}~. i ,' 1 i ~ ~~;~€' i ~A! W W A j= .f=-.~,j ~ ~ '~_ ~'.-= _ -_ ~ i--~ ~ I~'J 1 !i ~_ ~ .' ~. .e ~~ . ,a . a w M w ..., .-_ ;'.J3'i i, ...ulrr. Itrn IAn.u \;. 1 I I l Int. ~I1>il' ~' .L I'1'u IC!)et:U, 11:nle this <. '~~`i I~l:'83 .1•rtx•~"tl DEAN 1. CAN t:rl'I'01 :Ind UO\A1.D 1.. SIIFRI DAN ry . :¢_ ~ r,,.,nlyr•r Grand ;1ASE Oufftif8KlN1 fff _. ' ::: ~. , jUf1 . ,YC t'..bn:..i.., ofthe (u st I'.:u+d P:1SIIiL Vh:SCO ~ , ., - I ..~ FF~- ~ .__.......:. -~ - -. ;~~ F~ .. a II ,;I a ~~'~ ~~..L~,,,. L~KaI a,LR,••~i, c/o Allred Ciffo, 616 Atlaut is Shor}lorida i~ p Nall:;ndale, and ~unr..frxvyalu,fth•>'•^wl part: t'.,mn} f Broaard '. XXWR' 1,;,,,}~r.`fthe first part.hn':unl in r•msnl•~rati'•n of tin.•u,u of XI1CiY)'X31b. H11?h~>l. UI Tl at ^, •.II and other good and valuable consi deralion •• ; 'f EN IN)1.hAR5 ($10.00) .,. end r. Ju- r.rrll,t wbrrrYd ,:• hereby l' 1 n. tiu• s,i.l p a 51~~ Ihr firvl earl ui I:and paid Iq' ILc .aid party f thv 1' j '~I : { Ida:idr.•nv,•ceJ.:u,JL}'Ihese l.r,.•rnls dm'nil rile P~lhxi'nK II i; andr.crd and a•'kn.~.a,.lp.d, h:,s Kr:. r.trd, i.m K:•'""d•"' p:z . 'i .,.II, ronceg and rm,pr m, unto Iln• •ai,l p:aty of the •.'^ud pnr6 hiz h,•irs :md assi G•rerer. j - „r ,•fl:mJ. sew np., l}iliK nu.11•:dng'u the ill l ~I~dr..rryi„d tut or parr anJ 5t at. ~,f f.~lr•r:ul.:, tr.wit: I. j ii ~l r„nnlyaf Pitkin a CmamoP ! 'l } ~'~ app~+rtcnantUundtvi ded onertwenOty ti rst`]interest inland to thee0efieralt a j ~~ Elements, SHADOI+' *fUL'N'fAlN ViL1.AGE CONDO:diN1UTi APABTNF.NTS, according to the Il }fap Chereof filed for recora and the Condumtnium Detl ara[ion for SHADOW I I~ ~~' B10UN1'AIN Vi1.i.AGE f,0\UONSN LU?1 APART?•fENTS. recorded {n Book 214 a[ Page 28. I II Colorado 81611 ,Ln4no:rn az:+trret ood out: a,,•r 805 S. As Pen Strtet, As Pen, I• 'fO(;F:TIIEH trilh nIl :md siugnlnr tlx• hen ditrum.ntc and el•pn rtenynrr., therein h,. +,pnR. or in anywise upper- lnininK• and the n•evrsi,.n and rrrrr. ion=. naunaiq,.r and trm.,,ndrrz. r~~e5z• issue! and profrtz the ran F. and all the I (the fi rzt pert. rilhrr in late er egvit}'. uf. •xtalr, righl,title.ind•mcl, rluiln and A.:nnn,i r.hnts„ever „f rF,e cuid pnrtx" yyn~l~nthe syya ' Iin:mJtotha.ahm.-L:,rgnine,l prrrni.,.!. pith lhr herrrntameutz„n,l nidutrtrnavaes tlrem5a1P2E LrrPi l!. TU 11:1\EA\]1TU IIU1.11lhrs:'id rn'emi•rz abate. Lart•ainv,l:'ndde.rribyJ. xith the nppur o-nan r.. r,: p;. CY the first part, g%X E'>`'~herrt. iiartr of the is rood Pnrt, iris heirs :md`acsM1 nc fin veer, And the r.'id ells n esv.bb•rs, and adininisll;:tnrs.d•;{-)lrnr moot. Krnnt. harKain. and aKrve to and tall Fh P~YI~~ ,dx ri dlhrlmmi ~`z T pe ' his heirs and n=signz,6r.P:d lLr t'njp.rr'nl...olut,'fwtind.,f.a'.i11. '.fLAr`e(lint„mil an.'e, v, l;. w, in foo zin,yle, and hurt , ved, ns 4d K„ad, cure. {^' sell nod nmvey th'• rann• in mum,rr :mJ fo,m az i''. ahoev eunrr. gaoA right. full pntrrr and Ina ful uW hnrity In Krnnl, La rgain. afun•said, aud~that the saw, ore free and r1ea: frvm all former end other Krantz. fine K:'ins. sale=. hens, u:arz. zsmrnls and rnramhrnnrrzuhah:LLreer Rind or nature srn^'a•y ~ ' .a eneral [axes far 1961, Pa)'able 1n 1984, and, miticrnt reservTo risht EXCEPT g as coma enoedle(n cof as vein aril de asl reservedgtn2the L'n{[edBSl ales Patent of the p P Conditions and obi igal ions of Contract for ' recorded in Book 175 at Page 298; Watet` Service as recorded In Aook 211 at Page 158; Rc•st rictfons as containe on[. on rcvnrie) in instntment recorded in Book 214 a[ Page 2B and fr;he Artli•fl esf is a nd r rt. his , Jde ,rt tl f cfo0• 1 I ,iuK^t t~ I 1} ,. h~i , t I i~' and the nbpt rd I :vgnin, d prerlnce> in Ihv gnu.t ar i r' P ,.q i II ' hrirsnml a=sir1rt~z a¢ainst ail and et, r)prrs„n „r p. I. r I ,li fhr said part ytn~ILe Lest p:vl :hnii nod ¢ill l1".11: P.A ST ASp }nP. t:1'!:R Uk! h\p TLo -:n}uh. I ineludo thi•plurnl,lhv plurnllfie sinKnl:u.:u.d the us,.nfan}K'mder zhall l.r :qqd„,Ll.~o, :.!I g•-ndcrs. Is lsrrsess lcut:aeOP. m'• r:'''d par#~sn hr fn,r r:,rt r,:k4., :, n„Sk~~#;'i, han,r~,nd >,.ari hr d:,> and } ear rr=t ,I :d,neu teritu•n• ~ 1Pt:A1.1 I i UE PAN FA'. U1 . I ~I \A1.D L. S rF.R fifAA 'F , IS t:A1.1 STA'I'F; npful (In.U n, (•,,,,,,ty ..f Pitkin The GrceydrK incu'u u+rnl ..u• m kn,..rtrdped Lrh,r,.:ne this '~, la 83,h}. DEAN I. VAN t:A1'ON. II ,I'v of II ~I 1V .\l'anr.. n;y hood:, r:d ,4G: I:d.i•al. III ~~ . ~..,.~, r aa.. .r a r w .-, tir, r ',. 4 i .•. eoaH 44~ t, ~:18~5 ($UBJ kCT iONF CON'1'lNU6D) of lncorpornt(on for BhndoweDf178cainal 11 asgrecordedi inuthesrecordsoof recorded in Book 214 ac Peg Pitkin Councy~ Colorado. STATi:• OF COLORADO ~ ss. COUNTY Ofi _Pitkin ____ ) The foregoing !ns crument was acknowledged befe:e me this 15th day 1987. by DONA1.- L. $HF.RIDAN. of _ Juno __,_~~ July 18, 1983 My commission expires: tlitness my hand and offtcial s~• _ Notary P . ~., ~ My addt~ O1 E. Hopkins Aspen, CO 81611 • ,'' . ~\~ i ~,I _ G Y .1 j N ~/ O ! I I I IIII(~I ii Q~ v _ i I I~ °' ~ I I 0 ~_ ~'~I ~. u a r .w '` i'.i ::: I i 1 1 1 ~t { Racrption NP_._.. __... _-__. ..-.. . _.... T~sle thfa ~7 _" rt~l. :r ~Ilyt' ti ~1. !.etar..~ -. , o6c-rt H. Harris and Jr .. :. t:-r't:s l d~`sscl 1 a,~ trife ~ ti1iV 3' ... _~ f u:: 1•:i iak;SULa ('wauy d ~ 1"i'.nBl:7r1 r. .: SiDte of a~~. of the lira park .m,i ileati I. t::n ti.acr as Uorald LLrt Sheridan, an ur,divir••~d ~~half inte:c-.' ~s ~~ t re Fiel~utepircuano~,rnd S~ata °t }`i _ c°t3 1 o! lke ptrnd ;tr rl: w,]r!fESdH'; tt, T.::at th. w*i P+'t1E5of lLe firs; poi5. fnr snd in ro,uidrntinn of the tom ot- Tf.!1 311(1 _______.._____. ______. -::OLLA1:3 -l0 t1s add 1'w't ley c! tis ftnl Par: In hand Paid M uid Dazt .Les of tho aoeoDd part, tl:c reraipL she.^af u ~r+t7 ~t7{.w.il and .tknoxl ,dgal, h}te ~raritM, Larsafne.l, .old Dad eonr.'Y.~t, .°d 6r thex Prtaenla do Yrp,t~ yrpFti, swl, aroveei >t°d ~rtr, onto the s:ld pelt ie5 of the second part, theiSeiro and aastRna tor- cser, ill tke fonmraq; de!.nbM lot a petrel of land. aitate, IYi118 and l+_in6 In tte Cenetl cf Fitk'n anJ SuSe of Coiondo. la aril: ~~ ,~ ColrloainiLmlllnit consisting of Apt.rtraent Unit Ntmher ` 5 toget!rr t:7th an appurtenant tmdirided one-twenty if first intr:rest in and to the ~enerat cuimon elements, ~ if alaJc•.• )fotlrtatn Villag: Condominium Apartments, according I! ;n Ute Pip thereof filed for record and the CondaniniLmm i t<,claiatian £or Shadol: 11r:-:stain Village Condaninitm ;;.;,;•tclena recordrl in noel'.14, Page 23 through 41, ,. , ~~ tlxelty o[ Pit'.:in, State of Colorado. r w f~ ~~~ i~ ~' i I .' ?0('6rH66 x ':t ai::nd singular lhr ~-:-diumenta and uppurtenancea (hereto hrlonRinL. ~r in aay.rian I! ,~~ appwiahtai, and l..! rcrenian and ((rent . rrm..inder and nmsinden, renU, isnrca and Dmfits lhemol, and W '~ the ntaL(y rtgf,f,. ti4h, tutaeat, rliua and a r and ahalvtwr of th< wW P°r11C3 of the finl natl. elthsr in dw ~ rt gD(is, nf, In .nd 1 • the shore bargained ,.emisss, pith the herrdilamenb and appurtenaneep. ~~ ]b HAVE AND TO 80L0 We acid pt t°^ abere lxryuined and d<:criMt with Lhu apPPrt^nsaees, onto the ~' :I r ii Pui it-S °f IF.'tgeood part. t~ItClt Ytn m.d vaig,u forttror. And the. said Paet iC5 nt the Tn: pD.L i for :hA+ set rCS,thCllridn, eaxubn, u,d a4miolsttaton, do covenant, R-a°t• h>rPl°• and aRt+ b aM ~~i i r;ih the :>N pmt `c. o! the sr••oad wrt,thclThrin and assiRna, that at the lirca c! the eneeeling and dalivtry r( Out,e preat°d, tltt`)• arc wen srirtd of the premises shore run(ry'ed, as of Fond, sure. yctiect, alxolua and l i,tMdeatdhk ea We of inhetilatKe, lq lax, in fee simple, and ha\'C pond tight, full Power and lawful authuritr i ~ ~„ praal, 6a:t~ln, sell and ennreY iLe uru< m mxncrr snd form n nlomatd, and that tlm tame see !m snd @Irar '~ barpiaa, .wiea, lima tart.. aseaemrnlc and er.;uinl.nmeny n[ whateror kind or I !rota as Gn•+r sad rh-r Rranb, ~' 1~ ratunwara. , r>:eept the toll:.'ing: + i i. ie...~s for the !•ou: Id71 ald ;uitst~aeat year> and special assessraenU or charges not c.rtitie.i to tit: :,.`':+r• tre:u'urer s otiice. C iart(1Ct :i> .'1:1CO)•ed 5y i)eed 1'dCi2'•I@il SfpiH:.OCr 1, :;l t` ' f ' - . . a ,i'Ik +;. - rr.. ri; . a ,a_,~ _ .. 1595. .. .,.,.. :>. nt recoraad august ?o, 'F41, in =look :75, ... tae I:al:~~i `s;.es 1 i ' . _ ,.. ::c. .:... ..~ car..: :'.f>~': + 's ~ l0[~3t 1011 L4c>. Li ~ r. tt? -"1xITe:7L3, :1'1i L10:~ C ,y , Li l- , r : ~ ~ pna'aiom, utc ln.:u ~ .lu i ttictil to yro~ ~•_o ~> rr. t .. p .ent vi -r0ney ~ tow .. r ' ~ . i o ~t ~ k~lant;on ;n Ct. er.:;L ci :rimlL, :.l .:, tz.._..,.a m th1 a+atnn Co,: , / i 1 " o. .. .a. ;.` 1u11uO~i11: iY.: :\, :1itr:dltti :D:..' L1t0 FV-L3tiS tGt' Sha:;.C ~x:PIIt:. ;..t \llt.u?,8 F - " x<'+'IO :ta all ' 1 :: P i r,; , . . . . . t'O1t.:0:~:: L:: Bi: ~i50L1:1:: Jn, :3 O7 J3'~wJ i.Ot ~:OI':itLJll, P.O: .Ot' 11l'Ui1L. ll?: ih iii: rCL :O t1:e Ijl"J11~ ir.lStc':? G': 7:. C~C.I: )' Ul 1`31>.i:, :iiaLC 1 > ~ 'US1 G, C: :U.ii Cl +. •.. c ... , I 1 eci..:ct Liar .(sots-. L.3 n: .1 ~1 .\t: ,:. . us-1: f 1't i - . ' :` __ . , . .;c o .: t ur:.ca o o I iC 1101 . ` ~ JliiCc, O CJ,. its .c,d rcorJ~ to - 001 r r'.lge 3 - s' ,>~ rc.. ..Ilui:+ S:.tiol:, _ . - ; ~1•~n'~ ' r , , , _ ;900 r. is ..ILc1: ,ea,r.iw L_~.er.~ocr 29, u^ d a ' o 1 . . .,. y s~par I n,'•. ;:.: ~.; a.l ,...:3:p::rt ;t.;.Wao :iL! :agree T,o pa;- : of :.:>: parties c. r::e re h f ai i35 " .• i . , x c _J, P:,g; 6a>:. . aee:d:n~ ..; ;ta ter'LS. ' r 9 v xr + 1i , ~ ` , ~ { 21t~17 •, 1 1 .:. 'l l ~ ~tL t A ii41. RtY` ~ i •. GLTJt,: 1 r. VaoR lxuy J f .. . , _. h1T Cu .._ ._._.-___ 1tLr __ ._ .__.. - __. _ _.. ~ I . ., r BeCmdei ai.__ 3732 o<lttk. P Y J1me 22a 19?1 _ ,. ~¢~ ~,~},d~~ Rscaptton Ho_ __._1"'6.164 PnSSY P Hikl:clt FiC101(~t~~i ta6+~17a7}`k . _...... ............._ ..,....... ...__..Rrcor ter. w r r a i:HtS Ih:>;:n, ffiWa rhs, ~`> °'-" dar of ,}:me , IA 7.1 s«a_aa 'tobert E. tia rri.s .uri ,i,a» >f.:ran•i s, 1'aLSSm.d a}xi r,•i f•, JUI'I ~... .._J.. _,"_,~~~ ._ th< :i tti Dlinnes~ta 1 tio:rnt} aC rlth°~lil a~+l S+aY OC C%7h~"iib. •~. r`tr (i::a!I.xrt, and :~ '~~ i' Jrxv\ i. 6'an Eaton .v;.! Onn.tl r L. 4ier_da.t, ar ur:divi:tnl ~ - ~ ; t ~! ene 'ralf intexrst e3d! as U•n3nts in CrxrTl!Ltn +.t 4s Cn'.:ntp .t tlelmepin .n t cute of .{: n,.F: ,.{a ' -.7 viFa't lk.mped Plr.: -}; %'+I"5.a4SCtl'. Thal the said Dxr, ppa: tsv fir [ na rq for and in ronaid.~; uion n( C•.::;m; ..( 'i pp ~;r),I Xl~lOt) \$x0.00)__.__._____.. ________. _-__.:_-..___._________ __________.. !?OLLARS li -~ 1Ts utd paat165 0[ L.e that part in hand wid 0; uid P>T1 ICS of Na sc«nd part. the recei Vl weertni la tageh~ tvDteaxd and ackwaletzed, th'e granted, lvgained, sold and emlvcycJ, anJ by lhex pr<unta d: ~ranQ ~. sett, <omay and to~rrn, unb the aaA: >art 1f.J of lha stt•pnd Part, thr'.11f<ie. and >aaig•a f.,r- talr, a!t eha Cellaariars de.m..Sa12L< t tar«I of land, xilunb. !ping and le hr}- :x the '- Ceaetr d Pitk.in and Sla4 of Colnrar.d. to a~iL A Corjcminil~+l snit crns istirg of Ape ranert Ur i.t S)unixn• - 5 toget}zr with an appurtenant tmdi\-ided one-twenh~ first in6e7est itl and to the gc,leral ronmal clce:clits, .. .'. ~.~ ti 1 t : ~l ar - - :. .. ... aed th<•bor<Wraam<d• n.o•'ia 'h~. ..m. ,i P•~m<..L,r \, a. e.i.,n ..f W.. .. .1 p:ut iv> f :1,. .,, un 1,.... ChCI!' h<in and vx.Cn >y ~: :.: ad and .o-q p<nea:,r {.~.ra.,na I::xd:al}'rl..i::,i.:r ..r 4: -Ixr~r tlv '..1..!.• or any wtl il.mcof, lF.e aiJ Wn -.f U:c Yi rt' Tut ahx:. au.l w;!I R':11: C.U:T A`:I. I ~:Lt;c taI bhtl:S b. l:7 W17HF.S314'liF.f+FO-. thv ~uid p>rt:e. .a tlv'.inipm !1a 11 }u~n~~;•,r.. ,..r :I;:~II'h:::.f- •a1 .'tai a'J }. .1's: ,x.r rrian: yy,ttrr 99 ~ ' f ' '. l.y F: V.t 1 ~ ' '• l ' '!lit )c'frrla !C't P. a. 1!:.11'i,< ' SCA7F. UF'?Tl.!N7~1Lr11. ! ` 1 Fa n~ . the (oreevLia it .. r'.:r:vn: ... ...,. .. r•i •. .., ne• ;in. .. .ia} al ~..~et~ •' .~ 1.. tv :; .Lr !:,. 2tt .,.. •ul.i. :n: Y:: ri =. ,r. I:d ,'d ):i 11; 5'I ~~. C.: .'„_ ~.r 1 !II rum r.:aa::n rxpir • .. '.'~ 'A' a InY •fg jfand of{Xi.ljhf. f^ .. `. (~ ,~~~ .`, ~`` f. r•,r.i:8 ryf'frrsrt: ••,k,~1PC,,.r,,ttuy`, 3RF.i: ~ - ;.o U: n' iL~,; ;i, ,e T:D1'))A;~oW K'a .~l71Ci I. 9:uq ....•. /. Mai I 'w. 4._._ ____ _ ___ _ _ ..._ I~ ~_ .. _.. ___ _ _ :. Y .M .. .. r r w y M -~, ~~ 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 Morin Verne 1/11/1989 Geor'e & Christine Burns 8/13!1975 John & Jud WeinerE 3/25/1971 H.T. & Anna M. Stucker No Record ~~ 1`~" ~Yll y ~. s a r ~. .. r r -.,, Sales ~ % '~ Page I of 1 Pitkin County Assessor Sales Detail Information Assessor/Treasurer Property Search I Assessor Subset Oue~y ~ Assessc _ Clerk & Recoidei• Reception Search Parcel Detail I Value Detail I Sales Detail I ResidentiallCon5n5ercial Improvement Detail Laud Detail I Photoeraohs Account Number 1 R004625 U ~'L4~ ~~ ___ ___ _ _ _ -i_. Reception gook Pa a Sale Date Sale Price Deed T • e Doc Fee Number g S P 42]982 9/16/1998 385,500 0 $38.55 Grantor-Name Grantee Name GLASER STEFANIE SOKOL KLINEWORTH J TODD Receptiou gook Page Sale Date Sale Price Deed Type Doc Fee Number .618 159 4/12/1990 268,500 WD Grantor Name ~.~~-_, Grantee Name Reception Book Page Sale Date S~hle Pace Deed Type Doc Fee Number WD IlGrantor Name ~ ~{(Grantee Name II Top of Paee Assessor Database Search Options ~ Treasurer Database Search Options Pitkin County Home Pale The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the information herein contained. ___________,_ _ - - Copyright ©2008 Good Turns Software. All Rights Reserved. Database & \'Jeb Design by Good Turns Software. http://www.pitkinassessor.org/assessor/sales.asp?AccotmtNumbet=R004625 8/25/2008 W r w r r w 0- (~ O Z I" ~~ ~~~~ ~~~ _~ ~- f~ ^Iq (~ ,~ r 6' p ,finn 2 1" ~a J y$~~ ~ C=W t~ C 1- `r" O C~ WARRANTY DEED THIS DEED, made thin 1G day of SEPTEFiBER 199tl, betwaen aTEfAN]E HOKOL G[.A9Ee OF THB COIRiTY OP ~ Nu-+htalp STATE OP Ny GRANTOR, AND J. TODD KLI NJFOATH GRANTEE whose legal address is P. O. BOX 25318 ST. CROI%, VI 00824 COUNTY OF STATE OF NITNESSETN, That for and in consideration of the sum of ten dollars an8 other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and convoyed, and by chess presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County Of pITKIN, State of COLORADO, described as follows: CO1H10tdI NI U:1 UNIT 6, SRADOw P:OUNTAIN V7 LLAGE COI7DONINI N4 APAR7T16NTS, according to Che Condominium Ifap thereof recorded July !2, 1965 in Plat Hook 3 at Page 3J and as Eucthec defined and dese rlhed in the Condominium Declaration for Shadow F7ountain Village Apartments recorded July 32, 1965 in Hook 214 at Page 28. 111111 VIII 111111111111 III IIII1111111111111111IIII IIII ~~NS ~« ~e L ~ ~zlsez eaiuy3ase 12t0xP NLl ORVis slwl 7r 3 of 2 R 1f .D0 D 38.55 N 0.00 PITKtN C00NTY CO TOGBTHeR with all and singular the hereditamente and appurtenances thereto helonging, or in anywise appectaining, and the reversion and reversions, remainders, rents, issues and profits CheseoE, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in Saw or equity, of, in and to the above bargained premises, with the hereditaments and eppurtenancee. 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, [hat at the time of the ensealing delivery of the presents, he is well eeized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in Cee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same do manner and form as aforesaid, and Chat the name are Eree and clear from all former and other grants, bargains, sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A^ attached hereto and incorporated herein by reference. The grantor shall and will wARIUNT ANO FOREVER DSFHND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every parson or peksons lawfully claiming the whole or any part thereof. dThe singular number shall include [he plural, the pl ral the singular, a t the use of gender shall be applicable to all 9ert I /1 ~~ p ~ /' STEF E SOKOL GERBER STATE OP C' I ~ f 4 rl G1 COUNTY OF 1'1'~~~-in 1 ss, ~ _ _ _ _ __......___.._. ___she_fo[.e4419 instrument was acknowledged before me this ~.C day of dq,~ 19 tits , by STEFAN IE SOKOL GLASER ~ ~ n. HIGp E. C a NITNE$8 my hand and official seal 'ro:~ Notary Pu~ is i NptaRY # my commission expirer. , •. Jo/SFipalaRblryPUNc 1 ouHt1G ® IAy iE Oi ~t01 kp.n,caoraio else ~~'•~ -w • --L ~~ ~ " EXHIBIT "A" M 1. Taxes for the year 1998 not yet due or pays e. +• 2 Right of the proprletor of a vein or lode to extract or remove hie ore ~ . therefrom, should the same be found to penetrate or intersect the ved in United States Patent recorded „a premises hereby granted as reser in Hook 175 at Page 298. 3. Mineral reservations ae contained in Deed recorded in Book 115 at Page 279. ,r 4 rdedf insHOOkand th e f n i reco in trumen as contained in Village Mountai 3hadow 211 at Page 158. °1 5 conditions, provisions, obligations, easements, restrictions Terms . , and assessments as set forth Sn the Condominium Declaration for Shadow Mountain Village recorded July Y2, 1965 in Book 214 at Page deleting therefrom any restrictions indicating preference, 28 , limitation or discrimination based on rata, color, religion, sex, '" handicap, familial status or national origin. 6. Terms, conditions, provisions, obligations and all matters as set f Shadow Mountain Village ti on o forth in the Articles of Incorpora Condominium Association recorded in Book 214 at Page 178. IiI~N IIIII111111IIIIIIIII IIIIINIIIIINIIIIII IIII IIII 4zuez eeiteitue tz~ezr xo oavts snot z >r z R tt.ee o ae.ee x e.ee nr+ctx couxtr eo .. Y r r .n --- \ ~ sA nl r i 9 .. t.4 ~~,:,~ fi1 ~ ~~~:159 ~ __ 1pAiH1q DEED m m S ~~ •~ j ~ ,p T ` rti THIS DEED, made this /. -~ C '~ ~0 P. VERVE end JO MOAING VBRNS G a r a S N E m r nto nd TEFA I EOROL GLASER~ y i~ whose legal addL099 ie GU E 7,th S a Q . t rret, ,\pt, !U8, \ev 5'u rk. VY i0i!6 i Grantee, o w a;~ WITNESSETH, that the Grantor for and in conaideretion of the ~ u~ ti sum of Ten Dollars ($10.00) and th o er good end valuable r consideration, the receipt and sufficiency of whi h ~ a .Hi c Ss hereby s ranted, bargained, sold and conveyed m O thesewlreee and b t d ° , y n e oe n ~ the Grantee, her helcea and asai e~ fo e ~ l i y g rev r al the real property .Y together with imorovemente, if any, situate, lying and bein Count in th f Pi h> g y o e .tkin and State of Colorado described ae follows r----~~ CONDOHINIUH UNIT 6, SHAODH HOUHTAIN VILLAGE CONDOMINSUM ~ ~' APARTMENTS, ACCORDING TO THE 1 ' ~ .q C01700HINIllM HAP THEREOF RECORDED JULY r ` 32, 1965 N IN PLP-T BOOR 3 AT PAGE 33; AND AS FURTHER ~ _ DEFINED At7D DESCRIEED IN THE CONDOHINIUH ~~ v ~i ~ DECLARATION P OA SIUSDOW HOUNTAIt7 VILLAGE '/~(, x r APARTMENTS RECORDED JULY 12, 1965 IN BOOR 21~ ' + . - ~ a q - AT PAGE 2E. ~-~ I ~ ~ ~ i i_ .__,,,, I ay a as known by arrest and number as: E09 South Aspen Street, Aapen r4 ~~' Colorado. ~ Y 0 i _i_ wJ theretObeTanging or in an wl r ni u , y na apperta i ng and tha revereion H(n and revereiona, remainder and remainders 4 ` rent i , s, sauea and profits thereof, and ell the estate, right, title, tntereat, claim and `~T demand whetaoev f t , er o he Grantor, either in law or equity, of, in and to the above bargained re i e . p m a a, with the hereditamenta end appurtenances. TO HAVE AND TO HOLD the acid premises above bargained and described with the a •,`~ , ppurtanancee, unto the Grantee, her heirs end assigns forever. And the Grantor fa th , r emselves, their heirs, and personal repreaentativea, does covenant, grant, bergein and to end with th - !~' , agree e Grantee, hez heirs end asaigna, that at the time of the ensealing and delivery of th r `) ese preaente, they are well seized of the premiaea above conveyed, has good sur r , e, perfect, ebaolute and indefeasible eatste of inheritance in law i f _ n , , n ee aLsple~ and has good right, full power and lawful authority to r sell t `\~ o ~ g an , bargain, and convey the acme in manner end form ea afoxeeaid, and that the same era free a d l O '~ ` n c ear from all former and other grants, bargains, seise, liens, taxes assess t ~Zg , men s, encumbrances and restrictions of whatever kind or nature N su soever, except: ~ 1. 1990 taxes due and payable on or after January 1, 1991. ~ . ~~ ~ 2. Mineral reservations as contained in Deed recorded in Book 115 et Pege 279, ~ '1l1 ~ ; 4 ~0 , 3. Reservations and exceptions as contained fn the Untted Stntes Patent recorded in Book 175 t ~ ~,'~~ '` ~ s W ` a Page 289 as follows: ss s;; ` S ~' ~ r ~ Right of the proprietor of a vein or lode tw extract and . ' ~ ~ remove his ore therefrom, should the same be found to ~t ,~ ~. ' J penetrate or intersect the premises hereby granted. ; ~; ~( i ' 9. Conditions and obligations of contract for water service between the City of Aspen and Shad ~ ow Mountain Village es contained in instrument recorded in Book 211 at P ~ age 158. -~- ~-~ '---'-'-~-~-~---- 5. Restric~~ns_which~-do -not-contain a- o::ei~ or ~----- --Yeve~ awe, but omittin rest i r g r ctions, Sf any, based nn race, color, religion or national origin as contained to insti: went recorded in Book 214 at Page 28 and Articl ., es of Incorporation to 11 1 .. ~w ~a +s w w -'""^ .w ,.mA 6L~ ,.1160 Shadow Hountain Village Condominium recorded in Book 214 at Page 173r and Anendmenta thereto. The Grantor shall and wtll WARRART AHD FOREVER DEFEND the above-bargained precise. in the quiet and penceaLie 7»aseasion of the Grnntee, her hairs artfl assigns, ngainat ail and every person lawfully clsininq the whole or any part thereof. The singular number shall include tha plnral, the plural the singular, and the use of any gender shall be applicable to all genders. IN WIT27E53 WRYAEOF, the Grantor has executed this deed on the dote set forth abova. 0 A ~ R andgqP. Very 1 ~A R7'VIA71 ~~PI)~/ Jo Horinq Vdrne STAIR OF COIARADO ) I:OUHTY OP PITEIH I ea. i stay ofhApril Q19901by Ri herd P.aVern.lendeJc~tSOrinq Vexne.~. ' Witness my hnnd and official seal. Ny conmiaa ion axpirea: ' ~. Rotary Publi ~ ` JULIE E. GNAY30N liofaty N~3a9d15~wYat Mn ~wnE~anY.hdv E~a.t E a r r Y r2~verwd404.re 2 '.'.. ~` R~ ~i ~~~C4: {{S••y] ~. :~~ . ~',t~i ti w i w y r ae r w -- - -._v.--~ . w _ - _ _--__ . _..__ _.. - --- z ° -. ~; , ~~ ,..~~ , Z i ' -n ii'. •~ . h) 4.1 0 1~ ) i r"."C: fX ~, Recorded at ;•5 ,'~_o'cleck~M_~<',' T Reception No _ ~ v % . w ~ SILVIA UAVIS PITKIN W GNB~ flECORUER ' : ecra 5y3 WARRANTY Df.£.n ,i THIB DEED, made this // day of January, 1989, between GEORGE ¢UR77S AND CHRISTIJJE BURNS, of the county of Pinellas, State of Qt Florida, Grantors, and RICHARD P. VERJIE AND JO MORING VERVE, as Joint Tenants, whose legal address is 300 East 56th Street, New ~, York, New York 10022, County of tiew Yotk, State of New York, ~ Grantees: ~ 1lITNESe¢TH, 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 f ' recorded July 12, 1465 in Plat Hook 3 at Page 33; and as I further defined and described in the Condominium Declarnt- co ij ion for Shadow Mountain Village Apartments recorded July _ ~' 12, 1965 in Book 214 at Page 28, COUNTY OF PITIffH, STATE OF COLORADO. ~` ~ ToOETH¢R with all and singular the hereditaments and appurten- ~i+nces thereto belonging, or in anywise appertaining, and the ~~~keversian and reversions, remainder and remainders, rents, issues ~~~~and profits thereoi'y and all the estate, right, title, interest, claim and d, .nand whatsoever of the Grantors, either ih law or equity, of, in and t., the above bargained premises, with the hereditaments and appurtenances. TO HAVE AHD 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, targain 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 Nell 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 end :orm 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. Ge;Jeral 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 inciusi on in any water service or street improvement area, or other special taxing district. 1 r L~ Y~- ~i~: , 411a t~, ; .a •e p1 n .16 .. u ar ,a +AI a w Y h F "' 3. Mineral reservations as contained in Deed recorded in Book 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 to instrument recorded fn Book 211 at Page Ise. 6. Restri ctior.> as containe3 in instrument recorded in Book 214 ~~ `', at Page 20, in Articles of Incorporation For Shadow Mountain Village Condominium recorded in Book 214 at Paqe 170, and in Anandments thereto. . ALL DOCUMF•NTS RECORDED IN PITMIN COUNTY, COLORADO and the above bargained premises in the quiet and peaceable possession of the Grantees, the survivor of them, their assigns ~ and the heirs and assigns oP such survivor, against all end ever person or persons laerfully claiming or to clam the wY.ole or any part thereof, the Grantors shall and will MARRANT RND FOREVER DEFiND. The singular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all ttt genders. ~ 2N MITNE57 FREREOF, the Grantors t.ave execULQd this deed on the date set forth above. ~I , GEORGE BURNS CHRISTINE BC'it:., STATE OF FLORIDA ) ~ _' ss. COUNTY OF PINELLAS j ~~ , The toregoing document was acknowledged and sworn to before me ~ ~ ~ this ~~rJG day of January, 1959, by GEORGE BURRS AHD CHRISTINE Z BURNS. M commission ex ires• H~'"r~eno mi, ai n.,;e, :, i„o. . ~ Witness my hand and ~ `~'• ~ ' official anal. ~y /~ `c,' //GQ~fi~ `i. - ~ ~.... - Notary IYiic4 s 1 a 2 ',7.z:~,, . ~ 1. i_~ -. ~{ q'S .. r``• ' ~ 7 • t II x,t • j ar I, lo. ~ he nl 4 I f. ~I s ! r .~ rf i w ~. --, ~ " Recorded at_.... 12:12 o'cloei:.. _. . ry. P Au dust 26s _......\[ ................................ ._ 1975 ,. . . . -~ .L~ rvs a ~ Ir~35 . .... . . . ........... ... _ l•.iq-: ~ Receplior. Se ... r ........................_5........ ...._.dul.ie._]lane................. ......................Recorder. .rv F _--~ ~-_ __- ~- _- THt9 DEEDS Made this ~~{~ day of r\ugus[ I RECORDER'S STA3 t8 75.beew Bev .l0ii\ L+=ISEFT rmd aClil' IJEI\EFT STAtE G'r.'~Ei:,;i~5'f i RUG 2 G PAw I of LLe Cavntp at end Slate of ` t_+r:: I '~~~ of Lhc fiat Par[, and ~-r- -•~--'------- Insconsrn ~ -~ I'~~tG2 '.~nSS and CNPISTI Sc EIiXS I 3 :-~~ra rd Terrace, Lesi nc ton, },a>sachu=et CS 02173 ! Cf'Lhi~ fltmiY:cf a~Satcul.'L`ei'dtldfi of the second Dar:: j WI7SESSE7D, that 4.e said pert its of the first Wert, far and in coneidere!ion of the sum ox 7cn ,;rd Daft00______________________________________________________ DOLLARS, ~-: to the said part ies of the first Put in hand paid bT the sefd potties of tha eecand pert, tfie receipt whereof b Ii hereby rovfeascd and acknceledged, ha "~ grafted, bargained, no:d and conveyed, and by these prxsenfs do I Brant. Largain, sell, ccnseT and confirm unto the said Parties of the eecand part, their heirs vnd assigns forever, not in tenantT in rcmnton Lv[ in jdnt tenancc, al: the 7c11cwinY described lrt or pnreel of laud, situate, Iy1nY and Leing iv Lhe County of Pitkin and State of Colorado, to nit; ,..:e3,:»,; aiu-.:1, art^: n: C-:ie F, SHP.i)OFi ?10i:ST.`,L\ l'T LL:1G- CO\i?04I9I1':'I ~~. .,...r.-..[`a5, .;-c oruiug ro :ha ,;:ao thereof tiled [or recm~d and ndor'~ini'In Gec.lar:[iau ritar.-ot recorded in P,eok 214 at page 2S, Si Rtl?C; _.. [hc erg=, con:i ilio,. ,.,... ot•]igatioas of said .., .. c, c:..ti t.e -i~c1_t rari;a. 70C ETli't'.R uia: a7i sr,3 sirs-uia: the hzreletsr::nts n: ! sppuztcnsncee. f?x-zeerta beLn~-iv& cr it anp~s^:=_e sp;+ravung. the tore rsiun s=.d revrrxi..r. s, rema`:nitr std rmn.L.d::a. r.::-. issue and -ra: its theri:ofi and ea the ra:nu, riYhi, CY.iq inh-,,4 deem enJ d~•!rand xxihee6- :-~' ti:c asid Pan iC V of the fk. . q/ pcY, either in Intr or Iquity. uf, to end :c ,ovc Le:gni::rd i'-rmnises, o-ith tl':e i.o: edits:ncnts n.^.d s-PUrfem[ICee, , TO i;.1C F. AAD T0130L[t P.r vtid po: mf±es uk~ee :;; r~a`cr~ std dearri'rd. with il,e oppurl euar:ces, ur,!o fhe said par:iea of tc seec r:d ¢aa. d.etr L, is a a::d n•rp:.s f.:;, :.-. _r. i :xe said pert i es M the fir=t uar:, far ihce. : 3.+. ezerc:.r a•d ai::- ,=.I. +era ~t .Im4 la.,=in a^.d n r.e t , ''~~ C I d :. i:6 ;' parLm I -,r s.. ...{ , r..: ~.r I,e: s ,. s, le ti. ., ' to cn:es:Ilrg r.•d d=h, r Lt x V'o?~ n.:, I :I , v.,; ae..... ' tke 1' ...-, s n:. .. ,,, os gv .,. Bur. rte.t, absolute a:d LI ' - ::.fcu:bla .:..! r' e, s. !aa ' ..,, l.:pl: ed 5s cr s ,}: :u 1 f'[r :a;d Ir .1 yu;!r: r':9 ' War, har- ga...,.,v.d - _. _....•end: n s. ..it~.erL.~.nrre s.c i.ee .old a,.n, .-.. r'sl'r,rm..r •.. .. re ..._.. ,.. ii.:s .. .~. .. r. .. .,. ol... .,. r 1x:J r:, nhn•.,r. ... ... . ., I" , 4':It .Ii t' I'c=v r•:aiOC.v. :1TiF aOCI cnlld iri Oll~ ::`I ~ i I I Lion. ana nbL pntiou. of . ~ ~ I ~, `, n:. .•. 4tl ltx (:nndnmintn~ .\saor i.,t ion r ..r .. ~ ~ F..s .,rd f ,s , ,he ~. t s 1 . c -. ...:on cf ttc asJ Pxsin+a of the ..and Port. U:.ir b.e., a - a s'-: q'> :._t na m:,'. ...rr} , .. .,., ..' ~sri r:i; dsien: ;.r ..:...ira :ho whsle m eny pna d erro'. ..: _... .L-. a tr~e first }ar[ r:sa a::.i af!11\".4??I:a ST ASII PP?:A l'F:R F::BI:~O. L, .,, YE95 a!: S'St F.ItF d:r sa`2 p::rt i.- .: 4e floor pert La':, Fsannlo neShoir hind' rl•Id >. a- ;!,e - u,d y'+s: f!rrt xL-ve uril;c:: i.: ,.,e tt rr , _. I _..-.. _..._.__....._..._._ SEAL _ r.!r lcvirte f! FL4 t C I:Y %OZY!ES•DA i I .. .__...._..._...._... _ ....................._._[SEAL] ne. .._..___ -__ __ .---''-... 7. -°- "" ZY-ri- y- o~::e~t nvs a.}n 7 ~, Jlef.re me flu day of August ~ 1 Ly• .,..:1 .III It.., .'rf Vr am:IClanr. :;vpL as .. , s . lJ ~l. W(tnesr my hand and o[ffcid seal. r 1,.. - .i:, -~= ~ Yec-gidea at zes5 ~'FI..-~ni-1, -t97r--- .lt--~- - - r - - . "' i'^ra. Iec~ptioa No. 145881 -Peggy Tfilcl Lch, A¢cordef ' _a '; ~ t,r :~~+ aoaiZ~5 PACi~1tJtJ ,, ~. ~ ~ THIS DEED, Made t:'is twenty-fifth cay of March in the y_ar of our Lora ~tt~iesan^_ Wins hun['red s:v.nty-one tehveen H• T. STOCKER and wife, ANNA w - S_TUC.kER, of the County of Tarrant, and State of Texas, of the first par:, and WEINERT and wife, JUDY WEINERT, of the County of y.?i: ," 'State o(Ylisconstn of the second part: z ~+ r ' -yyi'fNESSETH, 7"hat the said parties of the first part, for and in constd- - '`'ot the sum oP'fEN F.ND NO/i(>D ($lO.lb) DOLLARS, and other good and val- . 4 '* o~6-°tsidarat[on~ to the said parties of the first part in hand paid by the said 1. d' Hi>• ~ecorid part, the receipt whereof [s hereby confessed grid acknowledged, '~' , gtenLad, t/argained, sold and conveyed, and by these presents do grant, bargain, Y, convey and confirm unto the said parties of the second part, their heirs and as- - 't`ornver, not in tenanry in common but in joint tenancy, alt the following descriG- 1 ~~liX or parcel of land, situate, lying and being in the County of Pitktn, and State of „~ _ 'o['tdo, to-wit: t,: - A Condominium Untt consisting of P.partment Unit Number 6, j, - tofltther with an appurtenant undivided one-twenty first inter "[9-. "--"T :F ast In and to the general common elements, Shadow Mounta[n ,)jj~~ " ~~ ' - -Vtllafle Condominium Apartments, according to the Map thereof ,3-~O Mad for record and the Condominium Deelaratlon for Shadow S -" -~ ~~" ~ ~ ~` .., Mouttatn Village Condominium Apartments, recorded in Book - ~ 214, pages 28 through A t . Grantees accept and agree to be bound by the terms, conditions ., - i9fN~ provisions contained in that certain Condominium Declara- _ - t[on Fcr Stadov+ Mountain Vittace Condominlum Apartments ` referred to hereinnbove and the By-Laws for Shadow Mountain ~`--_ - Village Cmdominium Association, a Colorado Corporation, not i ' fqr profit. Grantees e~pre_ s'.y a; ree to cam Grt the provisions eonteincd in Paragraph 27 of the recorded Condominium Declara- lion referred to hereinabovc. TOGETHER with ail and sinvlar th::• hereditaments and appurtenances there- . '- Unto Ixlong(ng, or in and^.visc aprc•r:aining, and [he rove rston and rzversions, r•emain- --dbr and ranwindcrs, rcn;s, issue>. and profit: thereof; and alt the estate, right, title, - i- interest, claim and demand wik>t;\.^z \cr o' tr:~ said pc. rtias of [he first part, either in livi or equity, uf, in and to tnr above tar; nir.:'d premi e , r+ith the hereditarnents and apfrrrtenances. "' ~ -. TO L-iAVE ANU 70 1!CLU tt~~~ :rid; ro niise;; aL`ovc baryaincd and daacri:`ed, I with the ap;>urecnanci c., unto th,` :?.id f:ir. ,. .. G` t?-.e scond pnr:, Cheir heirs and as- s[gn<. fortivrr• And thc• _ aid f:v-t i. ± .: :!'.-^tr=: {art `For Chernsel ve,, ,.oir heirs, G%CCUIOro, an 1 dn1lr51 G: r _!.?r= , d0 C J\~i a ~ it, j :. , h r7lln ^,;ld 2 ~ r; C •:J 3.1d \YLLh the ia[d pars icy c~ :hc sa'CC~^.d p'. th.=ir h: ir:: =n~ _._ . __ - rr+.... ;., th; iim~ or e::~~-'.l •,ny and deliviry ` thes.o pri. ~n;: tlr,y ... ..ell :: ir.'d o` ~ p rc n-.iF.-. ... c\~~:r cc^.v-.yd, as d good, _,.rr, pc. ... a!• o:•... ::,y indc `, _. ._.. ->._..._ ~, inh_r...'i, vi I :v, in foe sim.~ei , r.e.. -:, ri ..!r , .._ e.... .=...:...-. '. ,.,..:.,. to . ' - Sral and : ~,~~. ~ i!~., :.nm, in n•.:u~.n:r an! icrrn t. ; rc_.-.i:i, s.i~;! tt:]t the =...::c ar'`friP _. -and elearfror, ait Torn „ ,v ui ,<Iwr .-. ..,, .. ... , -r.- lie^.s, _<`- .=g,. -_ meals and Inc.. o'.b r;:+:. ,.: c.!.:.f: •.. r 4ir,.1 it r..=.•:ur_--, -_:'vt r, exa;': -_.- r.a ;=c{~;. .. -ail and t \ , \ , - •. ..i .r ~r ~-. r__:_. . ' r ''- _... -' the red, h .~! , ~ r' .:' r..: C:-_1 (... ~ .~...~~ .. .. .. ^.SZ'..: A'`;D i~Ci2: \_t-F. + ~ DGF F NU. j IN \'sl i idf _... .,i Iii .`F :i~._ ... cS -. U•~ r~.. h - . .. .. FT. •. ll'C 1':3 e'..z ::0 ,: stl llu lr hln.'.: .. \. ....._ :I:. .1i," '.'~: - ...'rlr.. 3COt ,'•\'. ri..f.l• \. TH. l .~S a.: l.i :` ,. r a a a ~~, ~. , , BOOK ~Ja7 YA~t~J l '. -STATE OF TEXAS § ~. COUNTY OF TARR.4NT § I ,. The foregoing instrument was acknovAedged before me this _~ ~ ~ day oP ~ ~ i 1971, by H. T. STOCKER and wife. ANNA M. STLCKER. My commissim expires June t, X971 , Witness my hand and official seal. i ,1 < ~~ _ Notary Publii- R ! pg4e~~~ 11918 OJ ~N]dSV ~~3~~ s~~g~~#~ 9~35S11NI1.133TIlS N7dSV HlI"1OS 608 ~g~~~ ~~~~~~~~~ ~IIOIldnOI~I3?I30I~I3QIS3ZI31dnI?Id 1 . g b ZpS £ 5 I. i ~ o ~ ~ ~ t OVAL NIY1N110W N3d5V L. <~~ ~~ p p