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HomeMy WebLinkAboutcoa.lu.su.FoxCrossing Lot 3A Centennial.0021.2009THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0021.2009.ASLU 2735-07-247-703 LOT 3A CENTENNIAL SUB FOX CROSSING DREW ALEXANDER LOT LINE ADJUTMENT SUZANNEFOSTER 8.27.2009 CLOSED BY Angela Scorey on 08/27/2009 ~„ '. ~ ~~5 273'107 !f 247-~o3=t-237 v7 3 9SOOZ P,esvw~~r ~~'~(-~ ~ EI16 Fait j3ecard ~igate Fpfm Reports Format Tab Help ®u-~'~~~ ~i;~dl' aJ J 'v G0~'~~~ Q~ - ~ ~ ~ h ®~,L~- `# ~t~ ~...... 1 "'~ I Ye4letion ~ Custom Fplds ~ fictions ~ Fee£ ~ Parcel ~ Fee 5ummarY ~ Sub Qumits ~ Attadmsnts ~ RoIltnfl Status ~ Routing Permit Type aslu + Aspen Land Use Permit # 0021.20D9.ASLU Address LOT 3A CENTENNIAL SUB FOX CROSSING J Apt~Suite CRy ASPEN State CO r 21p 81611 J ermitInformation -. .... ..._.- -... .; Master Permit I ~ Routing Queue aslu07 App~ed 03~19~2009 J Project J Status pending Approved I -J Description LOT LINE ADJUSTMENT -INTERSECTION OF SPRUCE ST AND RACE ST ASPEN Issued r-J Final ~-_J Submitted KIM KEILIN Clock Running pays Expires 03~14~2010 J '; -owner - - - - - Last Name CENTENNIAL ASPEN ~ First Name 100 LUKE SHORT CT ASPEN CO 81611 Phone (970)925-1876 r' r Owner Is Applicant? _ _. ___ --. _.. -- -Appicant _._.-- -_ _ --. __ -___ ___- _______-. __.. _. Last Name CENTENNIAL ASPEN J First Name 100 LUKE SHORT CT ASPEN CO 81611 Phone ~ Cust # 21475 ?~ ender - - _ _ - --_ Last Name ~~ ~ First Name Phone ~- -- ~----_-- __. _.._. -_ - _._. _~---- .....-- -r .. -..__ ~_~- ~# t ~~ l 6 ~~-yv~rrw~ ~73~ ~ec~~~ ~ z53 t ~ "`<'~ 5~a~o~ ~~ ~-~. T~~ ~ts ~ `~o-b ~- ~~ ~..,k~rl,., `s v ~ 3~ SI~~. ,, . Page 1 of 1 Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970)429-2707 I IIIIII VIII VIII VIII VIII IIII IIII Print Date: Pitkin County Transaction #: 17068 5/27/2009 10:33:32 Receipt #: 200903145 AM Cashier Date: 5/27/2009 10:33:29 AM (LDEAN) W W W.11M11f~1Vaff.vlb Customer Information Transaction Information Payment Summary DateReceived: 05/27/2009 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Over the Q Code:Counter Total Fees $52.00 ATTN CITY CLERK Over the Total Payments $52.00 Return Code:Counter Trans Type: RECORDING Agent Ref Num: 1 Payments $52.00 P = CHECK 1533 2 Recorded Items ~ BK/PG: 0/0 Reception:559366 Date: S/27/2009 R ~ (APPROVAL) APPROVAL ANY 10:33:26AM TYPE From: To: Recording @ $6 for lpg and $5 for 2 or more pgs 6 $31.00 $1 Surchagge BKPG: 91/19 Reception: 559367 Date: S/27/2009 R ~ .(PLAT) PLAT 10:33:27AM From: To: Plat Recording @ $10 per page $1 Surcharge 2 $21.00 Search Items Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 5/27/2009 ~ '"'1 ~, ,: OTTENJOHNSON ROBINSON NEFF+RAGONETTI~ April 1, 2009 J. BART JOHNSON 970 544 4638 BART@OTTENJOHNSON.COM VIA IIAND DELIVERY Jennifer Phelan City of Aspen Community Development 130 S. Galena Aspen, CO 81611 Re: Case No. 0021.2009.ASLU, Centennial/Fox Crossing Lot Line Adjustment Dear Jennifer: Per your request, please find enclosed a letter providing proof of Kim Keilin's authority. Our co-applicant is working on the other item you requested. If there is anything else you need, please don't hesitate to contact me. Sincerely, ~~' ~ ~~ J. Bart Johnson for the Firm JBJ/wle Enclosure 890823.1 cc: Sam Brown 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 87677 P 970 544 4637 F 970 544 4632 W OTTENIOHNSON.COM DENVER ASPEN STEAMBOAT SPRINGS n~ CENTE•..~IAL t1SPENII LIMITED PARTI ~SHII' Aspen Community Development Deparhnent Attn: Jennifer Phelan 130 Galena Street Aspen Colorado 8161 I March 31, ?009 Ms. Phelan.: I am writing concerning the land use application materials that Bart Johnson of Otten, Johnson, Robinson, Neff + Ragonetti, P.C. recently submitted to your office on behalf of Centennial-Aspen II Limited Partnership. Kim. Keilin of my office signed some of the required materials on behalf of Centennial-Aspen II Limited Partnership. Please be advised that Ms. Keilin was authorized by me to si~m documents on behalf of the partnership because I was unavailable at the tip. I am the President of World Class Housing, Inc., which is the General Partner ofCentennial-Aspen, a Colorado limited partnership, which in ttun is the General Partner of Centernial-Aspen II Limited Partnership. Please consider this my ratification of all the application materials submitted to your office. Sincerely, RECEI~(ED `? ' 2009 -~ Ge ~ r Ur r~~rEN COMMUNITY DEVELOPMENT R89RJU3 r ,~~ ~ ~ r THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 25, 2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0021 2009 ASLU Centennial/ Fox Crossing Lot Line Adiustment. f~, Your Land Use Application is incomplete: `~zlP F~,,.,A that the annliratinn needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. The consent of both unit owners of condominiumized Lot 1 (Fox Crossing Subdivision) ~ needs to be included as part of the land use application. / 2. Please provide proof that Kim Keilen is an authorized representative of Centennial- Aspen. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ^ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T You, Y ~ ennifer el ,Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifepUvty Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc ..._._..._:..w _.. ~~_ ._ _. _ _._, I IIIIIIVIII IIIIII VIII VIII VIII IIIIII III VIII IIII IIII 0069 0/42Q8009:05F ORDINANCE N0. 50 (SERIES OF 2004) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THREE GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS, VACATION OF A PORTION OF RACE STREET, AND A FOURTEEN LOT SUBDIVISION TO BE KNOWN AS THE FOX CROSSING SUBDIVISION ON .LAND LOCATED BETWEEN GONE PINE ROAD AND RACE ALLEY BETWEEN WALNUT STREET AND RACE STREET, 557 RACE ALLEY AND VICINITY, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: Griffith Lot #1- 2737.073.91.001 Griffith Lot #2 - 2737.073.91.002 Railroad Parcel - 2737.073.00.020 North Cabin plus Historic House - 2737.073.00.021 & 2737.073.00.022 South Cabin plus New House - 2737.073.00.023 & 2737.073.00.024 Vacated Walnut Street - 2737.073.00.026 Bennis Property - 273707300045 Garage Parcel - 2737.073.03.030 WHEREAS, the Community Development Department received an application from Walnut Properties, LLC, represented by Stan Clauson and Associates, requesting approval of a Subdivision, including Lot Split approvals and Lot Line Adjustment approvals, Growth Management Quota System (GMQS) Exemptions, and amendments to the City of Aspen Land Use Code for a fourteen lot subdivision, one lot proposed as a park and thirteen lots for development, situated between Lone Pine Road and Race Alley and between Walnut Street and Race Street, as depicted in attachment A; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, City Parks, Building Department, Fire District, and the Water Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the application and recommended approval with a series of conditions; and, WHEREAS, pursuant to Section 26.470 (Growth Management Quota System Exemptions) and Section 26.480 (Subdivision) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, the Planning and Zoning Commission found that the development review standards for Growth Management Quota System (GMQS) Exemptions, Ordinance No. 50, Series of 2004. Page 1 51148 I IIIIII VIII III~II IIII~rIIIII I~III II~III III I~II~ III IIII 09 6920 D 000009 06r Subdivision approval, have been met, as long as certain conditions, as listed hereinafter, are implemented; and, WHEREAS, during a regular meeting on October l2, 2004, and continued to November 2, 2004, and continued to November 16, 2004, and continued to November 30, 2004, and continued to December 7, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended City Council approve the Growth Management Quota System (GMQS) Exemptions, Subdivision, (and associated amendments to the Land Use Code) by a five to zero (5-0) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Traffic Safety Advisory Committee and has taken and considered public comment at a public heazing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standazds of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Subdivision Aaaroval The Fox Crossing Subdivision shall consist of the following lots: Fox Crossing Lot #] Fox Crossing Lot #2 Fox Crossing Lot #3 Fox Crossing L,ot #4 Fox Crossing Lot #5 Fox Crossing Lot #6 Fox Crossing Lot #7 Fox Crossing Lot #8 Fox Crossing Lot #9 Fox Crossing Lot #10 Fox Crossing Pazk Parcel Lot size = 10,331 sf I,ot size = 7,510 sf L.ot size = 6,01 Osf Lot size = 6,0]0 sf Lot size = 6,016 sf l,ot size = 6,068 sf Lot size = 6,007 sf Lot size = 6,749 sf Lot size = 6,945 sf Lot size = 11,631sf Lot size = 9,044 sf Ordinance No. 50, Series of 2004. Page 2 It I` 511408 (IIIIII IIIIIIIIIII VIIIIIIIIVIIIIIIIIIIIIVIIIIIIIIill06 6920D 0 0009:05f7 ~,,.. `r+. Fox Crossing Lot #11 (a.k.a. Griffith #1) Lot size = 9,849 sf Fox Crossing Lot #12 (a.k.a. Griffith #2) Lot size = 7,500 sf Fox Crossing Lot #13 (a.k.a. Griffith #3) Lot size = 15,065 sf These lot sizes may vary slightly and the final subdivision plat shall prevail upon discrepancy. The lot designation shall be changed for the final plat to designate "Griffith" Lots 1, 2, and 3 as "Fox Crossing" Lot 11, 12, and 13, respectively. The allowable Floor Area 1'or each parcel shall be pursuant to the R6 Zone District regulations, the Lot Area of area granted by the Historic Preservation arce shal have no development right use. a open Fox Crossing Lots #5, #6, and the Park Parcel shall be designated Historic Landmazk properties and subject to development review regulations of Section 26.415 of the City of Aspen Land Use Code. Fox Crossing Lots #l, #2, #10, #l 1, #12, and #l3 may receive up to two City of Aspen Historic TDR floor azea bonuses per residence, pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004. Fox Crossing Lots #5 and #6 are Historic Landmark properties and shall not be eligible for receiving TDRs. All other parcels shall be limited to one Historic TDR floor azea bonus per residence. The maximum number of Historic TDRs which may be landed within the Fox Crossing Subdivision shall be limited to the total number of non-historic residences within the subdivision. Six (6) of [he Lots shall be required to provide one additional parking space than otherwise required pursuant to the City's Land Use Code (minimum plus one spaces). These lots shall be specified in the Subdivision Improvement Agreement. All other lots shall be required to meet the minimum parking requirement. Section 2• Preservation of Hunter Vallev Wav Parcel Pursuant [o [he procedures for exempting development from the scoring and competition procedures of the Growth Management Quota System, Section 26.470.070 of the City of Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004, City Council hereby grants three (3) development rights to be landed within the Fox Crossing Subdivision in exchange for the preservation of the Ilunter Valley Way parcel, as described in the Fox Crossing Subdivision application; with the following conditions: 1. Clear title to the Hunter Valley Way property shall be facilitated by the applicant and reviewed by the City Attorney. 2. Title to the Hunter Valley Way property shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. 3. Prior to conveyance the Hunter Valley Way property shall be legally encumbered in a form acceptable to the City of Aspen that sterilizes the parcel and precludes Ordinance No. 50, Series of 2004. Page 3 I IIIIII VIII III II VIII VIII VIII II III III VIII IIII IIII00 9 0O OS0 9 05R development, other than that associated with the maintenance of open space and trails and the development of new trails, from occumng on the property in perpetuity. 4. There shall be conveyed an open space easement on the parcel to the Aspen Valley Land Trust or similar third party acceptable to the City of Aspen. 5. The three (3) additional residential units within the Fox Crossing Subdivision shat] be required to provide affordable housing mitigation, pursuant to the requirements of Section 26.470.070.6. 6. The Hunter Valley Way parcel shall be sterilized to prevent development upon the parcel and as a result of the parcel, other than that specified herein. If Pitkin County issues transferable development rights for the sterilization of this parcel, the City of Aspen development rights issued pursuant to this Ordinance shall be considered null and void. Section 3: Growth Manaeement Exemptions Required for Affordable Housin Replacement of existing residential units requires an exemption from Growth Management, pursuant to Section 26.470.070.6, unless the lot on which the residence is proposed is a Historic Landmark (Lots 5 and 6). The parcels granted an exemption from growth management by virtue of preserving the Hun[er Valley Way open space parcel shall also be required to obtain this additional exemption. The following proposed lots shall require affordable housing mitigation, pursuant to section 26.470.070.8: Fox Crossing Lots 1, 2, 3, 4, 7, 8, 9, 10, 12, and 13. No lots within the Fox Crossing Subdivision shaft be permitted to provide affordable housing mitigation in t e orm of ~A ., Tl...,.ll:-... I i..i~.. Fox Crossing Lot till shall not be required to provide affordable housing mitigation, pursuant to former approvals which created the lot. Proposed Lots 7 and 10 contain existing residences and the current floor azea shall be applied as a credit towards the mitigation requirement. The mitigation credit for the existing residences on Lots 7 and 10 may be reallocated to other lots within the Fox Crossing subdivisions pursuant to a letter of understanding with the City of Aspen Zoning Officer to be completed prior to the demolition of the residence on Lot 7 or 10. Section 4: Impact Fees Park Impact Fees shall be assessed based upon the following schedule: Studio residential units $1,520 per unit one-bedroom units $2,120 per unit two-bedroom units $2,725 per unit three-bedroom or larger unit $3,634 per unit In recognition of capital improvements to the City's park and recreation system constructed by the applicant, the City Parks and Recreation Department may reduce this fee commensurate with the costs of those improvements. Ordinance No. 50. Series of 2004. Page 4 . ,, VIII III I II III III I IIIII ]IIIII IIIII IIIII I II ]III a 9 0408 03.051 SILVIR DRVIS PITKIN COUNTY GO R 81.00 D 0.00 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $3,621,777 per acre from recent transactions and information from the Pitkin County Assessor. One-third of this value divided by the proposed 1 l new units results in a $109,750 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and acash-in-lieu payment shall be accepted. School Land Dedication Fees are not required for replacement dwellings and shall not be assessed to development on the following lots: Fox Crossing Lots 5, 6, 7, and 10. Development of each of the remaining lots of the Fox Crossing Subdivision shall require payment of School Land Dedication Fees according to the following schedule, payable at building permit issuance: House size 1/3 land Land Per unit Fee value per Dedication unit per acre standard acres One bedroom $109,750 .0012 $132 Two Bedroom $109,750 .0095 $1 043 Three $109,750 .0162 $1,778 Bedroom Four Bedroom $109,750 .0248 $2,722 Five or more $]09,750 .0284 $3,117 Bedrooms Amendments to the project shall include an adjustment to this fee according to the above calculation methodology. Section 5: Water Deaartment Standards The applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standazds of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: Sanitation District Standards The applicant shall comply with the following Aspen Consolidated Sanitation District rules and regulations. 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are an file at the District office at the time of construction. All clear water connections are prohibited, i.e. ground water, (roof, foundation, perimeter, patio drains),including entrances to underground parking garages. Ordinance No. 50, Series of 2004. Page 5 .. ~... . , ,, ,' 511408 IIIIIIIIIIIIIIIIII VIII VIII VIIIIIIIIIIIIIIIIIIIIIIIII 006920 D20000 9.05a 3. On-site drainage plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 4. On-site sanitary sewer utility plans require approval by ACSD. 5. Glycol snowmelt and heating systems must have containment provisions and must preclude dischazge to the public sanitary sewer system. 6. Plans for interceptors, sepazators and containment facilities require submittal by the applicant and approval prior to building permit. When new service lines are required for existing development the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 8. Generally one tap is allowed for each building. Shared service line agreements maybe required where more than one unit is served by a single service line. 9. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 10. All ACSD total connection fees must be paid prior to the issuance of a building permit. 1 I. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 7: Public Park and Trail The developer of the Fox Crossing Subdivision shall provide the City of Aspen Parks Department with a monetary contribution of $100,000 for improvements to Aley Park (located at the southwest comer of Spmce Street and Williams Way). This shall he payable upon filing of the Subdivision Improvement Agreement. The Pazks Department shall be authorized to use these funds for improvements to Aley Park and improvements to park or trail facilities in the general vicinity of the Project. The Fox Crossing Park Parcel shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. A public access easement shall be provided across the entirety of the Pedestrian Trail connecting the park to Race Street. The form and content of the easement shall be acceptable to the City Parks Department and the City Attorney and shall be referenced in both the Subdivision Agreement and the Subdivision Plat. Prior to filing of the Subdivision Improvement Agreement, there shall be an agreement specifying ownership, design, use, boundazies, and maintenance responsibilities for the park and trail Ordinance No. 50, Series of 2004. Page 6 --- IIIIIIIVIIIVIIIIIIIIIIIIIIIIIVIIIIIIIIIII 69Z 4~8 09 05R { IIIIIIIIIIIyI4 pITKIN COUNTY 00 R 81.00 0 0.00 reviewed and approved by City Council. Maintenance of the trail shall be a[ the cost of the homeowners association. This agreement shall be then appended to the Subdivision Improvement Agreement for filling. The Subdivision Improvement Agreement shall specify a construction detail for the proposed trail including the proposed 6-foot width and concrete surface. The Subdivision Improvement Agreement shall specify the number, location, and detail of wayfinding signage to be implemented. The applicant shall work with the City Parks Department to determine a mutually agreeable signage plan. Section 8: Construction Management Plan Prior to issuance of a building permit and prior to commencement of any site/utility work, the applicant shall submit a construction management plan for approval by the Community Development Engineer. The plan shall include the following: I. The primary construction access point shall be along Lone Pine Road. Race Street, Race Alley, Spruce Street, and Walnut Street shall not be used for contractor parking. The City requires a contractor parking area be designated along Lone Pine Road and nn-site. 2. A lot, or several lots, shall be used as a construction staging area. The CMP should specify the particular lot(s) and shall specify at which point a staging area is no longer required. 3. Contractor contact information shall be provided to surrounding property owners. In the case of Hunter Creek Condominiums, contact information may be provided to the condominium association president rather than each individual owner. The intent of this requirement is for the contractor to address neighborhood concerns about construction without involving the City. Section 9: Access Infrastructure Permit: Prior to the construction any improvements, a licensed Contractor must obtain a City Access-Infrastructure (A-I) permit. One Contractor will be responsible for completing all infrastructure associated with the project. As part of the A-] Permit, [he Contractor will he required to submit a Construction Management Plan. Section 10: Hazardous Soils: This area is partially within the Smuggler superfund site, which means additional permits and institutional controls may be required for any work done on the site. (See requirements outlined in the City Code.) City Environmental Health Department - 920.5039. Section 11: Streets Race Alley/Race Street shall be designated as one-way with the direction of travel being northbound. Race Alley shall continue to be signed for no parking on either side of the street. Race Street shall be developed with a 34-foot curb-to-curb dimension and parking along both sides of the street. Asix-foot-wide sidewalk/trail shall be provided adjacent to _ the northern section of Race Street on Fox Crossing Lot #I, connecting the park trail to Ordinance No. 50, Series of 2004. Page 7 iIIIIIIVIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIII0069 0 $08009 05P Spruce Street. Sidewalk connections and parking within the rights-of--way shall be ~" provided as described in the addendum application materials from Stan Clawson +.. Associates dated Febmary 16, 2005. Spruce Street shall be improved with a pedestrian sidewalk on at least one side of the street, and preferably both sides, between Race Street and Park Circle. The design of this right-of--way shall be undertaken by the City of Aspen and the costs of implementing a sidewalk along one side of Spruce Street shall be bourn by the Applicant and added to the subdivision improvements agreement and secured through a letter or credit, or other acceptable means, due at the time of issuance of a building permit for the first building to be used for implementation of a sidewalk or other enhancements to Spruce Street. Three (3) public parking spaces shall be developed by the Applicant at the northern-most portion of the Walnut Street public right-of--way adjacent to the Fox Crossing Park Parcel. Walnut Street (the public right-of--way portion) shall maintain atwenty-one foot wide clearance with no parking. In the alternative, parking may be permitted if the 21-foot wide clearance is maintained and the approval of the Fire Marshall is gained. The extension of Walnut Street to its connection with Lone Pine Road shall be developed within a 20-foot wide access easement with 16 feet of paved surface and a 2-foot stabilized shoulder on both sides. ~ Bollards, or other physical hindrances within the rights-of--way, shall not be implemented. ~. Section 12: Subdivision and Vacation Plat Within ] 80 days afrer final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision and Vacation Plat which shall comply with current requirements of the City Community Development Engineer and shall include: I. The final property boundaries, disposition of ]ands, the partial vacation of Race Street, the dedication of a portion of land to accommodate a taming radius between Race Alley and Race Street, and utility and surface easements. Utility easements not administered by the City of Aspen shall require approval by the particular utility provider. 2. A building envelope on Fox Crossing Lot #3 restricting development along the northwest portion of the lot. 3. Reference to the public easement across the Park Parcel and Pedestrian Trail. 4. A phasing plan describing the sequence of development phases and the improvements £or each phase. The City encourages the applicant to perform any overlot grading and utility main work in the first phase. 5. Design specifications and profiles for improvements to the public rights-of--way including geometries and fuming radii. Ordinance No. 50, Series of 2004. Page 8 ., IIIIIIIVIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIVIIIIIIIIIIIO 6/ 0DO80 9 05f ,,. 6. A landscape plan showing location, amount, and species of landscape .~, improvements. An irrigation plan for the park parcel shall be included with a signature line for the City Parks Department. 7. A utility plan meeting the standazds of the City Engineer and City utility agencies. Utility mains not administered by the City of Aspen shall require approval by the particular utility provider. Fire hydrant(s) locations shall be identified. 8. A grading/drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. if a ground recharge systems are required, a soil percolation report will be required to correctly size the facility. A 2-yeaz storm frequency should be used in designing any drainage improvements. Off-site improvements shall be done in coordination with the City Engineer. 9. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and pazcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. Section 13: Subdivision At=_reement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Agreement binding this property to this ~ development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. The agreement shall state the ownership and maintenance responsibilities of the common azeas of the project, including common driveways and drainage improvements. 2. The Public Facilities Guarantee shall also include the costs of implementing a sidewalk along one side of Spruce Street and shall be used for improvements to Spruce Street as determined appropriate by the City of Aspen. 3. A public access easement and ownership, use, boundary, maintenance agreement for the Park Pazcel and Pedestrian Trail, and construction detail as specified in Section 7. 4. A Construction Management Plan, as specified in Section 8. 5. In order to secure the construction, installation, and performance of the of public improvements and facilities, including drainage improvements and landscape improvements for each phase, the required performance guarantees shall include and secure the estimated costs of all phases of the development. Section 14: Fire Department Requirements Sprinkler and fire alarms are required throughout all of the newly constructed residential ,,, buildings. The person that designs the sprinkler and alarm systems is required to meet Ordinance No. 50, Series of 2004. Page 9 51148 IIIIIIIVIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIII006920D 0000 9 95f• with the Fire Mazshall before starting design. It needs to be confirmed that adequate water '~ volume and pressure exists for the sprinklers. Section 15: Building Permit Requirements The building permit application shall include/depict: I . A signed copy of the final Ordinance granting land use approval. Fox Crossing Lots 5, 6, and the Park Parcel shall require Final Approval from the Historic Preservation Commission. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. For Fox Crossing Lots 5, 6, and the Park Parcel, this letter shall also confirm an understanding of the Final HPC approvals 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal/mitigation plan for any trees to be affected by the specific phase. 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of--way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division will also be necessary due to the property being in excess of 1 acre. 7. A study performed by a Colorado licensed asbestos inspector detailing the presence of asbestos. The State of Colorado must be notified and the report must be complete prior to issuance of a building permit. Contact the City of Aspen Environmental IIealth Department for state contact information. 8. if the disturbance azea of a particular phase of development is over one acre, the Contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Permit (for dust control). 9. A construction site management and parking plan meeting the specifications of the City Building Department Prior to issuance of a building permit: All tap fees, impacts fees, and building permit fees shall be paid for the particulaz phase. Ordinance No. 50, Series of 2004. Page 10 ..... .~~ 511408 InIII VIII IIIIII VIII VIII VIII IIIIII III IIIIII (IIIIII 09 6920 a20000 9605i' 2. The location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Fire Mazshall. The Fire Department requests that sprinklers be installed in each proposed house regardless of floor area. Section 16: Fences Property boundary fences of Fox Crossing Lot 5 and Lot 6 which border the Fox Crossing Park parcel shall be developed no higher than 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 -Development Involving Historic Landmark Sites and Structures. All fences within the Project shall he designed to be "wildlife-friendly" as specified in the Pitkin County Land Use Code. (Contact Pitkin County Planning Department for these specifications.) Section 17: Vested Riihts The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundazies of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall he suhstantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Fox Crossing Subdivision Lots I, 2, 3, 4, 5, 6, 7, 8, 9, 10, ] 1, 12, 13, and the Fox Crossing Pazk Parcel. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 19: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. 50, Series of 2004. Page 11 I IIIIII VIII IIIIII INII VIII III YIIIIII III IIIIII III III 9 069/2PO O80 9605E Section 20: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 21• That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 22: A public hearing on the Ordinance was held on the 24th day of January, 2005, at 5:00 in the City Counci] Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 23• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by ]aw, by the City Council of the City of Aspen on the 13th day of December, 2004. Attest: Kathryn S. I h, City Clerk FINALLY, adopted, passed and approved this 14'h day of March, 2005. Attest: Kathryn S. K y City Clerk el li rud, Mayor Approved as to form: ~l~ L~~~ :.dotin Worcester, City Attorney Attachment A -Existing Property Map Attachmcnt B -Proposed Subdivision Boundary Map Bendon C:\home\Current Plnnning\CASES\Fox Crossing\Onlinunce50-subdivision.doc Ordinance No 50, Series of 2004. Page 12 ~ 9 7 ' . ; ~i f:s. . ~ ' fy 5 $ 1 P' , ya64 ip;i~ti 5li:~! PiS9_. 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I _ag a I Jw> a • ~ I I ~ o ~D+Nm I 3 II + f ~niv 3~vn 1 ~-- 1 ~_--~ I ~'I ~ ~ I 3 I 1 „.~ ' ~ _ 'S ~ ~~ _ ~ ° a_ I ,___ ~ a• I ~.o p E_ rj ~~L ~°~-- I o_ I S # o, e ~ ~F°u f ~ co I ~y ~ ~ o ~ , 'ov°o i see I ~ ~ one ~ ~_ L~ I E ~m m o,w / ~ 133tl15 1nN'1tlM gnn E I ~f C I S E - - ,.n _. ~,,~ 3 v. e vw„+ ~ \~ r o~ ~ .s ~_yMry a n Y r w ~i i II ,J ~ i~ _ ~ e I ~ a e o ~E a. 3e •<o Seu s`o~> ~ ~_ /,~ ,gy II m3 EoNE y~NE ~~cl~~b~}-~ ~~it~+~- 1~. Sa~~ a ~~ ~`on°m V9 f m d ~NO T ~ N ~ P ~ Lfl a '~ m 0 ~~ ~ rc -o - U f Z O U ~~ ti .~. a ~S ~~ N ~' I III I III I IIIIII I II VIII III IIIIII I I II III it III 692 ~08r09605R SI LVIR DRVIS Pi rKIN CDVNr~ co R 81.00 D 0.00 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of asite-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 (3) -yeaz vested property right. The vested property right shall expire on the day afrer the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Walnut Property, LLC, Walnut Property II, LLC, Walnut Property [II, LCC. C/O Camilla Auger, 709 North Spruce Street, Aspen, CO 81611. 970.544.0475. Leaal Description and Street Address of Subiect Property: Fox Crossing Subdivision, located wdhm the Ctty of Aspen, Pitkin County, Colorado. Located in the vicinity of Lone Pine Road, Race Alley, Race Street, and Walnut Street. Street Addresses to be determined. Written Description of the Site Specific Plan and/or Attachment Describint: Plan: The City Council approved development of a multi-umt restdenhal subdrvlsion more precisely described in Ordinance No. 50, Series of 2004, and depicted on a final Subdivision plat to be filed with the Pitkin County Clerk and Recorder. Land Use Approval Received and Dates: City Council Ordinance No. 50, Series of 2004, attached, approved March 14, 2005. Effective Date of Development Order: May 8, 2005 (Same as date of publication of notice of approval.) Expiration Date of Development Order: May 8, 2008. (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.) ~. lssued this 26`x' day of April, 2005, by the City of Aspen Community Development Director. 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WK e~ Y ~~ ^~ ~y3 :tl s i~ i .' ~ i s ~'~+ ' ,_,~~ 1, , ^ #e~# ~8~ .q p€~t~~ ~n ~ ~ y ~ M~'7°{': ~ \ ~ ~tEa~~33~33~~{ Cie a gg~ §§ 3-fie ` .~ s ''~u:~~~ ~ ~~5 ~, ~~'~ f a, a CB~~ < ~'s y °egy y~ ~ " s' .c ~X~q C t~ 8 s~+~ > : ~ a jy ^~dY ~ ~ ~ ~ ~~~~R yy 9_ ~ ~ y ~ ,~ Ai 8tl9y r.3t y i ~i: 3a i $: .i: 5 B: i -e in.. ~. ^Lysi;n .e ~Rn~~== k .kogys s,~n ~ ;~ yo ~ ~o ~I i s ~ r ~ ~ C I rp r.~ ~~~~ae4~ ~ v~~ ~ ~~ ~ X19 E `~' 3 ~6A€Y _YV' ee"'zy +~~b~ 7'.~CA W ~~+r ~~~~~ ?;:~~ -~ _,°Fs a _i~oe -:o_ .ons o:a ;~ .~ 5a~~ y 60~ =. s F . y~ i \ ~_~~ I ~ X t. . ~ °o '\ _J. \~ :--~ ~ P,~, ~~ ~ `4 ~i. z z r ~~ B a e 2 ~~ ~:. yy~FFE i~ ~. 9~~ $ ~~~ [ff~ I< '! +i' e 1~ ~liil . RECEPTIONH: 548154, 09/08/2110.8 at 11:07:21 AM, 1 OF 10, R,~.,$51.00 Janice K. Vos Caudill, P>;,, in County, CO CONDOMINIUM DECLARATION OF FOX CROSSING LOT 1 CONDOMINIUMS THIS DECLARATION is made by Fox Crossing Partners, LLC, a Colorado limited liability company (the "Declarant"). RECITALS A. Declarant is the owner of the real estate in Pitkin County, Colorado legally described as: Lot 1, Fox Crossing Subdivision, according to the Plat thereof recorded June 20, 2005 in Plat Book 74 at Page 17 as Reception No. 511410 in the offices of the Clerk and Recorder of Pitkin County, Colorado (the "Real Estate"). B. Declarant wishes to create a Condominium Common Interest Community (the "Common Interest Community") in which portions of the Real Estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. THEREFORE, Declarant states as follows: ARTICLE I SUBMISSION; DEFINED TERMS Section 1.1. Submission of Real Estate. Declarant hereby declares that all of the Real Estate is hereby made subject to the following easements, restrictions, covenants and conditions which shall run with the Real Estate and be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. The Real Estate shall be subject to the provisions of [he Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-1O1, et seq., as amended from time to time ("CCIOA"). Section 1.2. Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Condominium Map (the "Map") of the Fox Crossing Lot I Condominiums recorded April 8, 2008 in BookB!1 at Pagee?1, as Reception No. 5 y8/SS of the records of Pitkin County, Colorado (the "Records") and used herein or on the Map shall have the meanings specified or used in CCIOA. (a~ "General Common Elements" means only those areas identified on the Map as being General Common Elements for the use and enjoyment of both Unit A and Unit B or as otherwise provided in Section 1.2(g) below, including the easements, if any, shown on the Map that service both Unit A and Unit B. (b) "Master Association" means the Fox Crossing Aspen Homeowners Association, created by the Master Association Documents. (c) "Master Association Documents" means [he Master Declaration and the articles of incorporation and bylaws of the Master Association, and any procedures, rules and regulations, and policies adopted under such documents by the Master Association. RECEPTION#: 548159, 09/08/29~n8 at 11:07:21 AM, 2 OF 10, Janice K. Vos Caudill, Pitk,_ County, CO j (d) "Master Declaration" means that certain Master Declaration of Protective Covenants for Fox Crossing Subdivision recorded in [he offices of the Clerk and Recorder of Pitkin County, Colorado on January 2, 2008 as Reception No. 545394 and rerecorded January 3, 2008 as Reception No. 545472, as it may be amended and/or supplemented from time to time. (e) "Unit A" shall mean the real property identified as "Unit A" on the Map. (f) "Unit B" shall mean the real property identified as "Unit B" on the Map. (g) If any chute, flue, duct, wire, conduit, bearing wall, beazing column, other fixture or utility, including without limitation any sewer, cable TV, water or other utility lines or utility equipment, lies partially within and partially outside the designated boundary of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the General Common Elements. Section 1.3. Master Declaration. The Real Property is subject to the Master Declaration. ARTICLE 2 NAMES; DESCRIPTION OF REAL ESTATE Section 2. I .Names. (a) Common Interest Communiri. The name of the Common Interest Community is the Fox Crossing Lot t Condominiums (the "Condominium"). (b) Association. The name of the homeowners association for the Common Interest Community is the Fox Crossing Lot I Condominiums Owners Association, a Colorado nonprofit unincorporated association (the "Association"). ARTICLE 3 THE ASSOCIATION Section 3. 1. Authori .The Association shall manage the business affairs of the Condominium. Section 3.2. Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated nonprofit association pursuant to [he Colorado Unincorporated Nonprofit Association Act, C.R.S. Section 7.30-] Ol et seq. (the "Association Act"). Except as otherwise provided in this Declaration, when approval of the members of the Association is required, [he Association may only act upon the unanimous consent of its Unit A Member and its Unit B Member, and neither Member acting alone shall have the power to act for or bind the Association. Section 3.3. Members. The Association shall have two (2) members, the Unit A Member, which is the owner of Unit A, and the Unit B Member, which is the owner of Unit B. Membership in the Association shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically pass from any individual(s) or entity(ies) no longer holding an ownership interest therein. Section 3.4. Executive Board. Except as otherwise provided in this Declaration or as RECEPTION#: 548154, 09/08/208 at 11:07:21 AM, 3 OF 10, ,_ Janice K. Vos Caudill, Pit.., County, CO ~~) required by the mandatory provisions of CCIOA or [he Association Act, the Association shall act through its Executive Board. The Executive Board will consist of two directors, and the directors shall appoint the officers of the Association. The Unit A Member and the Unit B Member shall each appoint one director. Except as otherwise provided in this Declazation, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.6 below. Directors and officers of the Association may be, but need not be, owners of Units. The Executive Board may, from time to time, promulgate Bylaws and Rules and Regulations for the Common Interest Community. Section 3.5. Notice to Owners. Any notice to an owner of matters affecting the Common Interest Community by the Association or by another owner shall be sufficiently given if such notice is in writing and is: (i) delivered personally, by courier or private service delivery; (ii) deposited in [he mails regular first-class postage prepaid, at the address of record for real property tax assessment notices with respect to that owners Unit, which notice shall be effective three days after mailing; or (iii) delivered by telefax transmission to the fax number on file with the Association. Each Owner shall have a continuing obligation to register the Owner's current address, telephone and fax numbers with the Association. Section 3.ti. Deadlock. (a) Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" made by a member of the Executive Board to the other member of the Executive Board after a formal vote in which one member of the Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning (i) the amount of Insurance, (ii) the insurance company to provide the Insurance or the budget therefor, (iii) the required degree of Maintenance, or the use of, any General Common Elements, (iv) the manner in which Maintenance will be accomplished, including without ]imitation the maintenance company (if there is to be one) to provide or manage the Maintenance, (v) the budget for Maintenance, (vi) any other decision where the members of the Executive Board are unable to reach a unanimous decision; or (vii) any right to vote or to exercise any other rights relating to the Real Property. Notwithstanding the foregoing, however, a "Deadlock" shall not 6e deemed to apply to any optional capital improvement that is in excess of two thousand dollars ($2,000.00), it being the intent of the Declarant that no owner shall be obligated or forced to expend monies in excess of such sum unless such expenditure is necessary in order to maintain the Common Interest Community in a high quality condition. (b) Breakinga Deadlock. In the event of a Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then the Executive Board shall ask the Master Association's Executive Board to resolve the issue, and the decision of the Master Association's Executive Board shall be final and binding on the Members; provided, however, that if one of the Members is also a member of the Master Association's Executive Board, such Member shall not be entitled to participate as a member of the Master Association's Executive Board in connection with resolving any Deadlock. Section 3.6. Cooperation with Master Association. The Association may contract or cooperate with the Master Association as convenient or necessary to provide services and privileges and to fairly allocate costs among the parties utilizing such services and privileges which may be administered by the Association or such other organizations, for the benefit of Owners and their family members, guests, tenants, and invitees. The costs associated with such efforts by the Association (to the extent not chargeable to other organizations) shall be a Common Expense. Section 3.7. Issuance of Rules and Regulations. The Executive Board may make and RECEPTION#: 548159, 09/08/2408 at 11:07:21 AM, 9 OF 10, Janice K. Vos Caudill, Pit.. .r County, CO amend reasonable rules and regulations governing the use of the Common Area, which rules and regulations shall be consistent with any applicable requirements of the Master Association Documents and shall be substantially consistent with the rights and duties established in this Declaration. The Executive Board shall provide thirty (30) days' written notice prior to the adoption or amendment of any rules and regulations and provide for a reasonable opportunity for Owners to comment at a meeting of the Executive Board on the proposed adoption or amendment of any rules and regulations. ARTICLE 4 UNITS Section 4.1. Number of Units. The number of Units in the Common Interest Community is two (2), namely Unit A and Unit B, Section 4.2. Use and Enjoyment. Each Unit shall have the sole use and enjoyment of all azeas marked on the Map as being part of, or appurtenant to, such Unit. Furthermore, each Unit owner shall have the sole responsibility to maintain each Unit, at such.Unit owner's cost, and in a first class condition. Section 4.3. Boundaries. The boundaries of each Uni[, and [he boundaries of all General Common Elements, are as shown on the Map and as defined by this Declaration. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.1. Common Ex~tenses. The only Common Expenses of the Association are for (a) Maintenance, as defined in Article 6 below; (b) Insurance, as defined in Article 6 below; and (c) those arising under the Master Association Documents, as described in Section 5.? below. Section 5.2. Creation of Association Lien and Personal Obligation to Pav Common Expense Assessments. Each person or entity owning any interest in a Uni[ (other than a bona fide mortgagee), by acceptance of any conveyance of such interest in the Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall also include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the owner(s) at the time when the assessment becomes due. No Unit owner(s) shall convey any such interest in [he Unit unless and until all sums due the Association and not assumed by the transferee aze currently paid. All Common Expense assessments shall be a continuing lien upon the Unit and is subject to the Association's right to foreclose as provided by CC(OA. Notice of such lien may be given by filing in the records of Pitkin County, Colorado by any owner in the name of [he Association. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case-by-case basis. Section 5.3. Apportionment of Common Expenses. Common Expenses shall be assessed against the Units on the basis of fifty percent (50%) to Unit A and fifty percent (50%) to Unit B (the "Common Expense Allocation"). The Common Expense Allocation may only be changed upon the unanimous written consent of all owners of Units A and Unit B. Section 5.4. Annual AssessmenUCommencement of Common Expense Assessments. The Common Expense assessments shall be based upon the Association's advance budget of the cash requirements needed by it to provide Insurance and Maintenance during such assessment year. RECEPTIONtY: 548159, 04/OB/2F-'~8 at 11:07:21 AM, 5 OF 10, ,. Janice K. Vos Caudill, Pitk.. County, CO ., Section 5.5. Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments only to provide, with respect to the Genera! Common Elements, for liability claims or for unexpected repair or replacement, [o the extent not covered by Insurance, or to provide for extraordinary Maintenance, if the Executive Board so determines. Section 5.6. Effect of Non-Payment of Assessments. Any assessment provided for in this Declaration, or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall bear interest at the rate of twenty-one percent (21 %) per annum. Further, following ten (10) days' notice in writing given to the non-paying owner(s), the Association may bring an action at law or in equity, or both, against any non-paying owner(s) to pay such overdue assessment, or installments [hereof, and may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such owner's Unit, provided that the owner(s) shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including attorney's fees, interest and casts. An action at law or in equity by the Association against any owner(s) to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above need not apply and the non-delinquent owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non- delinquent owner, to do and pursue all things that [he Association is authorized to do under this Declaration in the case of a delinquent assessment, in addition to any rights of the non-delinquent owner under the provisions of Section 9.3 hereof. Section 5.7. Master Association. Pursuant to the Master Association Documents, the Association is empowered and authorized, and upon the request of the Master Association shall be required, to levy and collect from Owners of Units within the Association the assessments owing to the Master Association as part of the Association's own assessment procedures and to promptly remit such assessments collected by the Association to the Master Association. In the event that such assessments collected and remitted to the Master Association by the Association are less than the entirety of the assessments owed by the Owners as a result of the failure of any of such Owners to pay such assessments to the Association, the Association is required to provide a written statement of such delinquent Owners to the Master Association concurrently with submission of the assessments to the Master Association. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1. Maintenance. (a) Association's Responsibiliri. The Association shall be responsible for the maintenance and repair of all those areas on the Map marked "General Common Elements", to the extent not maintained and repaired by the Master Association (collectively "Maintenance"). (b) Owner's Responsibility. Except as provided in Section 1.2(g) with respect to General Common Elements or as provided in the Master Association Documents, for purposes of maintenance, repair, alteration and remodeling, an owner shall be deemed to own, and shall have the right and the obligation to maintain, repair, alter and remodel the foundation, columns, girders, beams, supports, perimeter and supporting walls, chimneys, chimney chases, roofs, interior non supporting walls, the materials making up the finished surfaces of the perimeter walls, ceilings and floors within such owner's Unit, utility systems, utility easements providing utility service to such owner's unit, but not both of the Units, utility service lines and connections, as well as the doors RECEPTION#: 598154, 04/OB/2t~ at 11:07:21 AM, 6 OF 10, Janice K. Vos Caudill, Pitk:. County, CO ~ and windows of the Unit, any and all new additions to the Unit hereafter made by the owner thereof, including any new fence or other structure enclosing a patio, balcony, yard or deck area, and all other portions of the exterior and interior of the building improvements within the Common Interest Community constituting a part of such Unit. Notwithstanding the foregoing, without the prior written consent of owners of both the Units, no owner shall modify or alter any landscaping now or hereafter installed within the General Common Elements. An owner shall not be deemed to own lines, pipes, wires, conduits, snow melt equipment or snowmelt boiler, or other systems (collectively herein "Infrastructure") running through or outside such owner's Unit but which serve both Units, except in common with all owners. The costs of maintaining in good order and repair the Infrastructure, if any, which does not serve either Unit exclusively, shall be borne by the Owners in accordance with the Common Expense Allocation. Each owner shall, at such owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and that portion of the Infrastructure located in such owner's Unit, which serve that Unit exclusively; (ii) maintain in a clean, safe and attractive condition and in good repair the exterior and interior of such owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion of the roof serving such Unit; and (iii) maintain in a neat and clean condition all the decks, yard, porches, roof, balconies or patio areas, which have elsewhere in this Declaration been reserved to and for the exclusive use of such owner. Section 6.2. Insurance. (a) Insurance. Each Unit owner shalt maintain, unless otherwise agreed by all of the Unit owners, as an expense of each respective Unit owner, property insurance for each Unit, General Common Elements, and adequate insurance to cover each owner's fifty percent (50%) undivided interest in the General Common Elements, in a policy amount that is not less than the full insurable replacement cost thereof and commercial general liability insurance in such minimum amounts as the Executive Board may establish from time to time, as provided by C.R.S. § 38-33.3-313 of CCIOA, the provisions of which Section are incorporated herein by this reference. Each such insurance policy shall list the Association as an additional named insured and shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have a rating of "A" or better as shown in the published rating of AM Best Company. If the above insurance is not available, in whole or in part, the Association shall maintain the portion of the insurance that is or was not available to the individual Unit owners. (b) Owners' Insurance. During the period of construction of the Units, each Unit owner will maintain, and will provide proof thereof to the other Unit owner, builder's risk insurance in a policy amount that is not less than the full insurable replacement cost of the construction and commercial general liability insurance a minimum amount of $1,000,000 per occurrence and $3,000,000 aggregate. Each Unit owner shall maintain such additional personal property and liability insurance with respect to its Unit (and the contents thereof) as such owner may establish from time to time. The owners will endeavor to use the same insurance company as the Association uses for its insurance under Section 6.2(a) hereof. (c) Waiver. Subject to obtaining the waiver of subrogation endorsement required by CCIOA (if available), the owners release each other and the Association, and their respective authorized representatives, from any claims for damage to any person or to the Units or Common Elements that are caused by or result from risks insured against under any insurance policies carried by the owners or the Association and in force at the time of any such damage. RECEPTION#: 548154, 04/08/?fiA6 at 11:07:21 AM, 7 OF 10, ,-'•~ Janice K. Vos Caudill, Pit},,. County, CO (d) Obligation to Repair or Reolace. In the event of a casualty with respect to the General Common Elements, the Association shall repair or replace the improvements as necessary to restore them to their condition before the casualty event. As provided by CCIOA, the proceeds of any insurance carried by or for the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the Unit A and Unit B Members to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. Section 6.4 Restoration Uoon Condemnation. (a) Total Takine. In the event of a taking of the total Real Estate by eminent domain, each owner shall be entitled to receive the award of such taking for that owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the owners and their mortgagees and lienholders, the owners, their mortgagees and lienholders shall be divested of all interest in the Units and the owners shall vacate the Units as a result of such taking. (b) Partial Takine. In the event of a partial taking of the Real Estate by eminent domain, the owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking and after acceptance of the award of the taking by the owner and its mortgagees and lienholders, the owner, its mortgagee and lienholders shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the Unit shall be re-surveyed and, if necessary, the Declaration and/or the Map shall be amended to reflect such taking. If the taking includes all or a portion of the General Common Elements then, unless the owners decide not to rebuild, the remaining General Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the Unit A and Unit B Members to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. ARTICLE 7 RESTRICTIONS ON USE [Intentionally Omitted -Restrictions on Use are Contained in Master Declaration] ARTICLE 8 EASEMENTS Section 8 1. General Common Elements Easement. Each Unit owner has a right and easement of enjoyment in and to the General Common Elements, which shall be appurtenant to and shall pass with the title to every Unit, subject [o the provisions contained herein. Every owner shall have a non- exclusive easement over, under and across the General Common Elements. RECEPTION#: 548154, 09/08/2W~1.8 at 11:07:21 AM, 8 OF 10, Janice K. Vos Caudill, Pitt, County, CO Section 8.2. Easements for Improvements, Maintenance and Utilities. Reciprocal Easements (among all Units and all Common Elements) are hereby declared to exist over and under the Real Estate and all areas thereof for [he existing and future electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, snowmel[ boiler and snowmelt equipment, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walkways, and landscaping, and for the repair, replacement and maintenance of the same, es needed to service the Real Estate and/or the individual Units. Each owner has the right, at such owner's sole expense and after giving written notice for at least ten (10) business days to the other owner, to relocate such lines and facilities within such owner's Unit; provided, however, that such relocation shall be accomplished without interrupting the need of the other owner for the use of such lines or facilities (including the providing of temporary service, if necessary), except as such other owner specifically permits. Section 8.3. Encroachment Easements. Each owner has an easement over the adjoining Unit for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building, or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an owner or owners. Tn the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. Section 8.4. Master Association Easement. The declarant under the Master Declaration and the officers, agents, employees and independent contractors of the Master Association shall have a nonexclusive easement to enter upon the Property for the purpose of performing or satisfying their respective obligations as set forth in the Master Declaration and other Master Association Documents. ARTICLE 9 MISCELLANEOUS Section 9.1. When Consent or Authorization Not Necessarv. Notwithstanding anything in this Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if an owner seeking such consent or authorization has obtained the consent or authorization of the other owner in the Common Interest Community. Section 9.2. Indemniri. Each owner ("Indemnifying Owner") agrees to indemnify and hold [he other owner ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and attorneys' fees) of whatsoever nature, which are not covered by Insurance as provided herein, occasioned by or in any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such owner's Unit or labor, services or materials furnished to such Owner or such Owner's Unit. The Indemnifying Owner will maintain the Other Owner's Unit and all General Common Elements entirely lien free through payment or suitable substitution bond; upon the failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its discretion, determines [o be necessary to effect the release and discharge of the lien from such Other Owner's Unit and the General Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21 % shall be repaid by the Indemnifying Owner upon RECEPTION#: 548159, 04/08/7408 at 11:07:21 AM, 9 OF 10, ~....~, Janice K. Vos Caudill, Pit .t County, CO demand to the Other Owner. Until repaid, the obligation so to do shall be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other Owner in the records of Pitkin County, Colorado, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees. Section 9.3. Additional R~hts of Enforcement. Each of [he covenants, obligations and undertakings in this Declaration contained on the part of the respective Unit owners to be kept, discharged or performed is intended to and shall be deemed to be for the specific benefit of the other Unit owner to the end that, in the event of the failure or inability of the Association to enforce any provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining owner and on his, her or its behalf to commence, maintain and obtain judgment under an action for damages, for specific performance, or for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting owner the remaining owner shall be entitled to his, her or its costs and reasonable attomeys fees as a part of any judgment entered for such owner, and whether or not the relief obtained, including any damages, is less than what was sought. Section 9.4. Master Association Matters. Each Owner, by accepting a deed to a Unit, recognizes that (a) the Real Property is subject to the Master Association Documents and (b) such Owner is subject to any rules and regulations of the Master Association. Each Owner, by accepting a deed to a Unit, acknowledges that he has received a copy of the Master Declaration and the articles of incorporation and bylaws of the Master Association. Each Owner agrees to perform all of hic obligations pursuant to the Master Association Documents as they may from time to time exist, including, but not limited to, the obligation to pay annual, special, and default assessments as required under the Master Association Documents. Section 9.5. Enforcement of Master Association Documents. The Association shall have the power, subject to the primary power of the executive board of the Master Association, to enforce the covenants and restrictions contained in the Master Association Documents, but only as said covenants and restrictions relate to the Real Property, and to collect regular, special and default assessments on behalf of the Master Association. Section 9.6. Suoolement to Master Association Documents. This Declaration is intended to supplement the Master Association Documents as [hey apply to the Real Property. In addition to all of the obligations that are conferred or imposed upon the Association pursuant to this Declaration and the articles and bylaws of the Association, the Association shall be subject to all of the obligations imposed upon it pursuant to the Master Association Documents. The Association shall also be subject to all superior rights and powers that have been conferred upon the Master Association pursuant to the Master Association Documents. The Association shall take no action in derogation of the rights of, or contrary to the interests of, the Master Association. Section 9.7 Unit Exteriors and General Common Elements. No exterior or structural addition to or change or alteration to any Unit or the General Common Elements (including the construction of any additional skylight, window, awning, or door) shall be made until the plans and specifications showing the nature, kind, shape, height, color, materials, and location of the same shall have been submitted to and approved in writing in accordance with the procedures contained in the Master Declaration and any applicable zoning and other laws, rules, and regulations. Section 9.10. Conflict of Provisions. In case of any conflict between this Declaration and the Master Association Documents, the Master Association Documents shall govern and control. In case of any conflict between this Declaration and the articles or the bylaws of the Association, this RECEPTION#: 548154, 09/OB/2~3 at 11:07:21 AM, 10 OF 10, , Janice K. Vos Caudill, Pitk. County, CO Declaration shall control. In case of any conflict between the articles and the bylaws of the Association, the articles shall control. Section 9.1 I. Amendment. Neither this Declaration nor the Map shall be revoked or amended unless the Owners of all Units consent and agree to such revocation or amendment by instrument(s) that shall be duly recorded. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the 81h day of April 2008. DECLARANT: FOX CROSSING PARTNERS, LLC a Colorado limited liability company By: Alpine Ca ' I tners, LLC, its manager By: Harris A. Cahn, Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN) The foregoing was acknowledged before me this 8`" day of April, 2008 by Harris A. Cahn, manager of Alpine Capital Partners, LLC, manager of Fox Crossing Partners, LLC. Witness my hand and official seal. My Commission expires: otary Public 10 My Commission Fapires 0817/!2008 RECEPTIONN: 598370, 09/16~„~r08 at 02:12:56 PM, 1 OF 1, R ,,j.00 DF $0.00 Janice K. Voa Caudill, Pitkin County, CO STATEMENT OF AUTHORITY (38-30-172, C.R.S.) t. This Statement of Authority relates to an entity named S65 Rncc SVCet LLC, a Florida Limited Liability Company lord is executed on behalf of the entity pursuant to the provisions of Section 38-30.172 C.R.S, 2. The type of entity is a: Limited Liability Company 3. The mailing address for the entity is: 67 Bal Day Drive Bal1{arbottr, Florida 331 S4 4. The entity is fornted under the taws of: Florida 5. The name of the peron(s) authorized to execute instmntcnts conveying, encumbering, or otherwise affecting title to real properly on behalf of the amity is: Howard J, Berlin and Gina l., Berlin, Managers 6. The authority of the foregoing person(s) to bind the entity is ,Not limited OR ~ Limited as follows: 7. Other matters concerning the manner in which the entity deals with imerest in real property: ,rte Dated this ._~•~_- day of ~, ___ Howard J. B tin, Manager ~_~ Gina L. 6e in, Manage STATF. OF Florida ) ) CS. couNTYOr• ,I~rzd~ _ ) The foregoing inslnuuenl was acknowledged before me ~._U„~vr.~k _I ~ mt 2~~~ _ _ by Howard J. Berlin and Gina L. Berlin, Managers of 56S Race Street LLC, a Florida Limited Liability Company HAND AND OFFICIAL SEAL. Maury puNO.6 W r a rionda Oder Num6~ Stawan Titla OTTENJOHNSON ROBINSON NEFF+RAGONETTI>~ April 23, 2009 VIA HAND DELIVERY Jennifer Phelan City of Aspen Community Development 130 S. Galena Aspen, CO 81611 ~ RECEIVED ,~Z2 2009 i.,. ~ ~ north ^OMMUNITY DEVELOPMENT J. BART JOHNSON 970 644 4638 BART(QOTTENJOHNSON.COM Re: Case No. 0021.2009.ASLU, CentenniaUFox Crossing Lot Line Adjustment Dear Jennifer: Per your request, please find enclosed an authorization/consent letter signed on behalf of Howard J. Berlin as the Manager of 565 Race Street, LLC -the owner of Unit A of the Fox Crossing Lot 1 Condominiums. If there is Sincerely, J. Bart John for the Firm JBJ/wle Enclosure 8968]8.1 cc: Sam Brown Wendell Porterfield need, please don't hesitate to contact me. 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 P 970 544 4637 F 970 544 4632 W OTTENI0HNS0 N.COM DENVER ASPEN STEAMBOAT SPRINGS ~-~ ~..~ ~.:~ CENTENNIALrASPEN IILIMITED PARTNERSHIP Aspen Community Development Department 130 Galena Street, Aspen, Colorado 81611 March 30, 2009 To Whom It May Concern: 565 Race Street, LLC. A Florida Limited Liability Company does hereby authorize Wendell B. Porterfield, Jr., of Otto, Porterfield & Ayres, LLC, to submit and process a land use application on their behalf for the purpose of making a lot line adjustment between Centennial Subdivision and the Fox Crossing Subdivision. 565 Race Street, LLC. By: its Manager ~gGt»~,J~ ~~~ OTTENJOHNSON ROBINSON NEFF+RAGONETTI~ March 19, 2009 VIA HAND DELIVERY Drew Alexander City of Aspen -Planning Technician Community Development Department 130 S. Galena Aspen, CO 81611 ~.~. ..~.~ c ~~i ~IC1 ~ ~:, 9,".. ~ E~~. ~;,, ; , ' '~rENt J. BART JOHNSON 970 544 4638 BART~OTTENJOHNSON.COM Re: Land Use Application for Centennial Subdivision/Fox Crossing Subdivision Lot Line Adjustment Dear Drew: Enclosed is the above-described Land Use Application. Also enclosed is a check in the amount of $735.00 for the application fee. If you need anything further, please let me know. Sincerely, for the Firm JBJ/wle Enclosures ssoas. i 420 EAST MAIN STREET SUITE 270 ASPEN COlORA00 81671 P 970 544 4637 F 970 544 4632 W OTTENIOHNSON.COM DENVER ASPEN STEAMBOAT SPRINGS R .n d LOT LINE ADNSTMENT CONCERNING CENTENNIAL SUBDIVISION AND FOX CROSSING SUBDIVISION LAND USE APPLICATION PACKAGE TABLE OF CONTENTS 1. Completed Land Use Application Appendix A -Applicant and Representative Information Appendix B -Legal Descriptions of affected property 2. Signed Ageement for Payment of Application Fees 3. Pre-Application Conference Summary 4. Authority Letter from Robert and Varda Jablin 5. Authority Letter from Centennial-Aspen II Limited Partnership 6. Title Insurance Commitment for Lot 3A, Centennial Subdivision 7. Title Insurance Commitment for Unit B, Fox Crossing Lot 1 Condominiums 8. Vicinity Map 9. Written Description of Proposal and How it Complies with the Review Standards 10. Draft Lot Line Adjustment Subdivision Plat 890013.1 r, ~ s ~../ Completed Land Use Application 890019.1 ,,^ ~..r ATTACHMENT 2-LAND USE APPLICATION Pun.icrT~ E~; ~. ~I~~a ~i ~ , ,t Name: LoT LINE ADS~srENT PLR" OF LoT 3A cENTENNt p ~ eT l Fox ~ Location: E(.r w~J aF SP0.NCE 5'r ND ASP rJ Indicate street address, lot & block number, le al descri lion where a ro riate ParceIID# RE UIRED d} }o} ~}p rd43 0439Sood See a • '~ Le e cr' .. APPLICANT: Name: See APOenctl7c A for /}PPtican~s' rn4'orMa.{-I>~ Address: Phone #: REPRESENTATTVE: Name: See APPendiri A ter Rcrres~w~a'Fivt ir\{orti\~~dvn Address: Phone #: Il'PE OF APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ TexUMap Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumi7ation) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance [~ Lot Line Adjustment ^ Other: ^ Conditional Use EXISTTNG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) T1,e area ar?Fected 6~ ~is PrnPos<dt lot' liV.a wdi~..sf}v.~e.~~- fs Sr...oroved WII'1. a r~riVG ~.d a..a 4wd S~rLG'{" i+n OruVGMG..FS In1 ~~-t1L~ dH ~ }oK (/r~o Stinw a(~/elOP ti! ?ROPOSAL: (description of proposed buildings, uses, modifications, etc phis IO ron d.s a.Q L,ii L {'~r a._ ~o~ ~ir~~ w.d ~~w ~w.e..,,F To Go /rG r~ !~ SNi/Veyirq Grror ~Y~ai rP,r r,,,~Fe cQ 'fin 0.Yl OVCW ~R,o LG'{"W eG.h ~ Crr SSl~a£ r~~P hh~k~ lave you attaach the following? FEES DUE: $ 3 S L/J Pre-Application Conference Summary Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds ^ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ,.•. l~. APPENDIX A TO LAND USE APPLICATION ADDIICARt ).: Centennial-Aspen II Limited Partnership Attn: Sam Brown 2320 Pomona Avenue Martinez, CA 94553 Ph: (970) 925-1576 Represented by: Bart Johnson Otten Johnson, Robinson, Neff & Ragonetti, P.C. 420 E. Main St., Suite 210 Aspen, CO 81611 (970)544-4638 ADDIIC811t 2: Robert and Vazda Jablin 7894 Dunvagen Ct. Boca Raton, FL 33496 Ph: (561) 451-9321 Represented by: Wendell Porterfield Otto, Porterfield & Ayers, LLC. PO Box 3149 Vail, CO 81658-3149 (970)949-5380 N%9N25.1 APPENDD{ B TO LAND USE APPLICATION (Legal Descriptions) --, Lot 3A, Centennial Subdivision, according to the Third Amended Plat thereof recorded May 25, 2004 in Plat Book 69 at Page 18 as Reception No. 497963; and Unit B, Fox Crossing Lot 1 Condominiums, according to the Condominium Map thereof recorded Apri18, 2008 in Plat Book 87 at Page 21 as Reception No. 548155 and as described in the Condominium Declazation for Fox Crossing Lot 1 Condominiums recorded April 8, 2008 as Reception No. 548154. 889889.1 ~.~ Signed Agreement for Payment of Application Fees 690019.1 .. CITY OF ASPIN COMMUNITY DEVELOPMENT DEPARTMENT A~eement for Payment of City of Aspen Development Application Fees CITY OF ASPEN(hereinafrerCITY)and L2r~~@rn a1-A~~an ~ L~r,~3-ea lar~/~csh~d (hereinafrer APPLICANT) AGREE AS FOLLOWS: 9,~`" ,`~ <`"" .r..,s aJ~ k~ ~y 1. APPLICANT has submitted to CITY an application for ~: ,, ` ! ct.. Lot L e Ad~.r `Eyhe-'~ J ZTL'~ (hereinafrer, THE PROJECT). (%~ r,. _ ~'J 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a 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 tha[ because of the size, nature or scope of [he proposed project, it is not possible at this time to ascertain [he full eaten[ 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 thereafrer permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following [heir hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as cosu 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 Planning Commission and/or City Council to enable the Planning Commission and/or Ciry Council to make legally required findings for project consideration, unless current billings aze 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, APYLICAN'1' shall pay an initial deposit in the amount of $ '' 3~L which is for ~.~ hours of Community Development staff time, and if acrual 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 $235.00 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 By: sy: ChrisBendon Ki+n Keiiin~ d...ihorizp,~ CPte~~}Ht;ve Community Development Director Date: `M A 2 c a 1'~-~ i e~ Billing Address and Telephone Number: Required a3ao ~o.., AJr.vtic /~~};rc2 GA q~t55i ~l~v-9.~s-fs~-6 ,. Pre-Application Conference Summary 890019.1 :, CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429-2739 DATE: 03/12/09 PROJECT: Fox Crossing Lot Line Adjustment REPRESENTATIVE: Bart Johnson (Centennial-Aspen), Wendell Porterfield (Fox Crossing Subdivision) OWNER: Centennial-Aspen II LP, Robert and Varda Jablin (owner of Fox Crossing Unit B) TYPE OF APPLICATION: Lot Line Adjustment DESCRIPTION: The owner(s) has requested a lot line adjustment on the property existing within the Fox Crossing subdivision. Fox Crossing, along with the adjacent property owner and contiguous lot, Centennial- Aspen Apartments, have the issue of property boundaries overlapping one another. The two parties have agreed upon the following: Centennial-Aspen Apartments will dedicate one portion of the land on the existing Lot 3A, Centennial Subdivision PUD to the public right-of-way, and the remaining portion will became part of ownership for Lot 1 Condominiums, Units A and 8 (specifically the portion existing on Unit B) which is part of the Fox Crossing subdivision. This shall create a simplified boundary for both parties by removing the issue of overlapping properties. Pursuant to Section 26.480.030(A)(1)(d) of the Land Use Code, may it be known that this lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Staff has determined, under purview of the City of Aspen Land Use Code that this application shall be an Administrative Review. Below is a link to the Land Use application Form for your convenience. http~/lwww aspenpitkin com/pdfs/depts/41/landuseappform pdf Land Use Code Section(s) 26.480.030(A)(1) Lot Line Adjustment 26.480.040(A) Procedures for review Follow link below to view the City of Aspen Land Use Code http~//www aspenpitkin com/depts/38/citvcode.cfm Review by: Community Development Staff for complete application Public Hearing: Not required. Planning Fees: $735 for three (3) hours of Staff review Total Deposit: $735.00 Total Number of Application Copies: 2 Copies HPC = 12; PZ = 10; GMC = PZ + 5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2 ~.., To apply, submit the following information: ~ Total Deposit for review of application. Q Completed Land Use application and signed fee agreement. ~ Pre-application Conference Summary. D A disclosure of ownership, street address and legal description of the parcel on which development/adjustment is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. This must include statements from all parties involved in the Lot Line Adjustment. O An 8 1/2" x 11"vicinity map locating the subject parcels within the City of Aspen. ~ A written description of the proposal and a written explanation of how it complies with the review standards relevant to the development application § Subdivision; Lot Line Adjustment O A draft 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 26.470. D 2 copies of the complete application packet and maps. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ~, Authority Letter from Robert and Varda Jablin 690019) ., , ... ., CI;NTI;NNTAL-ASI'1!;N ?I I.IMITI3A rARTNT~RSIIIP Aspen Conmuutity Aevelopment 1)apartment 130 (ialcnn SU•ect, Aspen, Colorado $1G11 March 17, 2009 To Whom 1t May Concorn: Robert 7ablht and~arda 7nblin authorize Wendell li. l'orterfiold, 7r., of Ouo, Porterfield & Ayres, LLC, to submit and process a tend use appltcption ou their behalf for the ptu'pose of making a lot ltue adjustment hetweon Centennial Snbdivistou and the Nox . Crossing Subdivision. ., t..~ Authority Letter from Centennial-Aspen II Limited Partnership 890019.1 ~J CENTENNIAL ASPENII LIMITED PARTNERSHIP Aspen Community Development Department 130 Galena Street Aspen Colorado 81611 March 17, 2009 To Whom It May Concern: Centennial-Aspen II Limited Partnership authorizes Bart Johnson of Otten, Johnson, Robinson, Neff+ Ragonetti, P.C. to submit and process a land use application on its behalf for the purpose of making a lot line adjustment between the Centennial Subdivision and the Fox Crossing Subdivision. Centennial-Aspen II Limited Partnership, a Colorado limited partnership By: Centennial-Aspen, a Colorado limited partnership, its General Partner By: World Class Housing, Inc., a Delawaze c rporation, its G,~neral Partner By: eilin, Authorized Representative 689840.2 .~ .. Title Insurance Commitment for Lot 3A, Centennial Subdivision A90019.1 r"~ V.J ,~,.. b..,rj COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 20, 2009 at 8:00 AM Case No. PCT16290PR02 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposedlnsured: PROFORMA Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-(6/17/06) Proposed Insured: (c) ALTA Loan Policy-(6/17/06) Proposedlnsured: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred tc in this Commitment is at the effective date hereof vested in: CENTENNIAL-ASPEN II LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP 4. The land refereed to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3A, CENTENNIAL SUBDIVISION, according to the Third Amended Plat thereof recorded May 25, 2004 in Plat Book 69 at Page 18 as Reception No. 497963. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970.9261766 Phone/970.925~527 Fax 877-217-3158 Toll Free Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: {y, i .. I SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. ~. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for construction and maintenance of pipes, mains, ditches, flumes, dams and reservoirs as granted to David R.C. Brown by instrument recorded March 18, 1885 in Book 24 at Page 59. (Specific location not defined in instrument) 8. Right of way for water pipes and mains, and for electric transmission pole line as granted to James A. Devereux by instrument recorded January 20, 1887 in Book 29 at Page 582. (Specific location not defined in instrument) 9. Terms, conditions and obligations as contained in Agreement between Cowenhoven Mining Transportation and Drainage Tunnel Company and:(a). The Bushwacker Mining Company, recorded December 6, 1890 in Book 80 at Page 422. (b). The Della S. Mining Company, recorded February 2, 1891 in Book 80 at Page 580. (c). The Arkansaw Consolidated Mining Company, recorded April 20, 1891 in Book 92 at Page 66 . (d). The Pontiac Mining Company, recorded March 29, 1892 in Book 114 at Page 1. 10. Reservations, exceptions, mining rights, mineral rights as contained in United States Patents recorded July 19, 1893 in Book 39 at Page 123; October 26, 1895 in Book 136 at Page 49; September 10, 1897 in Book 136 at Page 149; December 14, 1900 in Book 39 at Page 136; December 24, 1902 in Book 55 at Page 116; May 20, 1949 in Book 175 at Page 168; May 20, 1949 in Book 175 at Page 171; August 29, 1958 in Book 185 at Page 6 9. 11. Terms, conditions, provisions and obligations as set forth in Easement Agreement between Della S. Consolidated Mines Company, James Markalunas, Ramona Markalunas and Donald T. Randall, recorded May 18, 1964 in Book 207 at Page 109. 12. Terms, conditions, provisions and obligations as set forth in Grant of Easement and Agreement between Top of Aspen, Inc., Mitchell Development Corporation of the Southwest and Cecil Lewitz, recorded October 23, 1978 in Book 356 at Page 952. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement between Top of Aspen, Inc., and Trico International, Inc., recorded January 9, 1979 in Book 361 at Page 306. (Continued) -~ 4 ~ SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) •...,n+ 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolutions of the The Board of County Commissioners recorded March 22, 1983 in Book 442 at Page 320 as Resolution No. 83-20; February 3, 1984 in Book 460 at Page 414 as Resolution No. 84-5; February 13, 1984 in Book 460 at Page 857 as Resolution No. 84-11; February 22, 1984 in Book 461 at Page 437 as Resolution No. 84-10; April 26, 1984 in Book 465 at Page 348 as Resolution No. 84-32; April 1, 1985 in Bcok 483 at Page 692 as Resolution No. 85-27; 15. Terms, conditions, provisions and obligations as set forth in Subordination of Mineral Rights, recorded November 11, 1983 in Book 455 at Page 199. 16. Terms, conditions, provisions and obligations as set forth in Improvements Agreement recorded February 13, 1984 in Book 460 at Page 862. 17. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 17 at Page 3 0 . 18. Terms, conditions, provisions and obligations as set forth in Ackowledgment of Use of Easement recorded October 3, 1984 in Book 474 at Page 470. 19. Easements as shown on the survey by Alpine Surveys, dated August 13, 1984, and updated December 6, 1996 as Job No. 82-146-6, and further updated October 5, 2001, by James Reser, registered Land Surveyor, No. 9184. 20. Those covenants, conditions, terms, obligations, licenses, easements and restrictions which are a burden to subject property as described in the Condominium Declaraton for Centennial Condominiums recorded October 3, 1984 in Book 474 at Page 479, and amendments thereto recorded January 25, 1985 in Book 480 at Page 510 and March 7, 1985 in Book 482 at Page 455. 21. Terms, conditions, provisions and obligations as set forth in Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants recorded December 16, 1996 as Reception No. 400032. 22. Easements as granted to Holy Cross Electric Association, Inc., recorded February 2, 1985 in Book 481 at Page 205 and February 8, 1985 in Book 481 at Page 216 and March 3, 1986 in Book 506 at Page 506. 23. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded April 25, 1985 in Book 485 at Page 159. 24. Terms, conditions, provisions and obligations as set forth in Grant of Access Easement and Agreement recorded May 13, 1985 in Book 486 at Page 38. 25. Terms, conditions, provisions and obligations as set forth in Permanent Easement recorded January 13, 1986 in Book 503 at Page 253. 26. Terms, conditions, provisions and obligations as set forth in Partial Release of Easement recorded February 12, 1986 in Book 505 at Page 225. (Continued) .-_, .~ ~, SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 27. Terms, conditions, provisions and obligations as set forth in Amended Agreement for Access and Utility Easements recorded April 2, 1986 in Book 508 at Page 312. 28. Terms, conditions, provisions and obligations as set forth in Parking Agreement, Lease, and Easement recorded Apri14, 1986 in Book 508 at Page 380, and the effect of any failure to comply with the terms of said lease. 29. Terms, conditions, provisions and obligations as set forth in Bill of Sale and Grant of Easement recorded August 26, 1987 in Book 544 at Page 558. 30. Terms, conditions, provisions and obligations as set forth in Licence To Use Property recorded August 28, 1989 in Book 600 at Page 406. 31. Terms, conditions, provisions and obligations as set forth in Abstract of Extended Lease with Automatic Laundry Company, recorded September 2, 1994 in Book 760 at Page 431 . 32. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded June 27, 1994 in Book 754 at Page 204 as Resolution No. 94-99. 33. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded November 27, 2002 as Reception No. 475365. 34. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance Na. 56, Series of 2003 by Aspen City Council recorded December 16, 2003 as Reception No. 492420. 35. Terms, conditions, provisions and obligations as set forth in Agreement recorded May 25, 2004 as Reception No. 497962. 36. Deed of Trust from: CENTENNIAL-ASPEN II LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP To the Public Trustee of the County of PITKIN For the use of U.S. BANK NATIONAL ASSOCIATION Original Amount :$10,401,644.00 Dated :October 11, 2001 Recorded :October 11, 2001 Reception No. :459687 Modification Agreement changing various terms of the Deed of Trust above was recorded October 26, 2001 as Reception No. 460122. Modification Agreement changing various terms of the Deed of Trust above was recorded November 10, 2006 as Reception No. 530957. ,~ . ..r Title Insurance Commitment for Unit B, Fox Crossing Lot 1 Condominiums 890019.1 .-.,~ ..~ .~ ALTA Commitment (6/17/06) Stewart Title Guazanty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and chazges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. ALTA Commitment Form DMMITMENT FOR TITLE INSURANCE Issued by ~~~~ title guaranty company IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: . ~~ . tIZLd (AUnN51gOBW1E ~'YY~ title guaranty company %~ ~~~.. Senior Chairman oft a Boats Chairmen of the Boartl Stewart Title of Colorado, Inc. Aspen Division 620 East Hopkins Avenue Aapen, Colorado 81611 Phone: 970-925-3577 Fax:970-925-1384 Order Number: 905429 Presitlent ALTA Commitment (6/19/06) .-, p . .,.. ,.~ COMMTI'MENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 5, 2009, at 7:30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Order Number: 905429 Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: ROBERT C. JABLIN and VARDA JABLIN 5. The land referred to in this Commitment is described as follows: Unit B, FOX CROSSING LOT I CONDOMINIUMS, according to the Condominium Map thereof recorded April 8, 2008 in Plat Book 87 at Page 21 and as defined and described in the Condominium Declaration for Fox Crossing Lot 1 Condominiums recorded Apd18, 2008 as Reception No. 548154 COUNTY OF PITKIN, STATE OF COLORADO Statement of Chazges: These charges are due and payable before a Policy can be issued: Order Number: 905}?9 V V V - -w ALTA Commitment (6/17/06) - Schedule A ~ title guaranty oompeny Page I of I ,~-. p. J ~ . COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 1 REQUIREMENTS Order Number: 905429 The following are the requirements to be complied with: Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NONE, THIS COMMITMENT IS PREPARED FOR INFORMATIONAL PURPOSES ONLY Order Number. 905J29 ~Q'TC~A/~"~ ALTA Commitment (6/17/06) - Schedule B 1 vrtitle~~gu// ~eran~ty~ company Page 1 of I ~~, . ~.. COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 2 EXCEPTIONS Order Number: 905429 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter Furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement azea. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116 as Reception No. 67875. 11. Terms, conditions, obligations and provisions of Ordinance No. 57 (Series of 1988) An Ordinance Annexing Territory to the City of Aspen as Referred to and Described in that Petition for Annexation of Territory to the City of Aspen Certified by the City Clerk on July 28, 1986, Commonly known as the ""Williams Addition"" as set forth in instrument recorded January 6, 1989 in Book 585 at Page 330 as Reception No. 308587 and as shown on Plat recorded February 6, 1989 in Plat Book 22 at Page 15 as Reception No. 308586. Order Number: 905429 ~~ ALTA Commitment (6/17/06)-Schedule B 2 Page I of 4 Utle guaranty company ,.,, ~. 4./ t .r' 12. Underground Right of Way Easement, fifteen (15) feet in width, granted unto Holy Cross Energy as set forth in instrument recorded August 17, 1999 as Reception No. 434513. 13. Right of Way for Lone Pine Road and Gibson Avenue. 14. Terms, conditions, obligations and provisions of An Ordinance of the City Council of the City of Aspen, Colorado, Vacating Portions of the Walnut Avenue Right-of-Way Containing 1,050 Square Feet all within the City of Aspen, Pitkin County, Colorado, Ordinance No. 19 (Series of 1993) as set forth in instrument recorded May 3, 1993 in Book 710 at Page 990 as Reception No. 356442 and re-recorded November 7, 1995 in Book 798 at Page 938 as Reception No. 387120. 15. Easements, rights of way and other matters as shown and contained on Plat of Griffith Property, LLC, Lot Split Subdivision Exemption and Condominium Plat recorded January 28, 2003 in Plat Book 64 at Page 23 as Reception No. 477899. 16. Underground right of way Easement granted unto Holy Cross Energy, a Colorado corporation as set forth in instrument recorded November 7, 2002 as Reception No. 474475. 17. Terms, conditions, obligations and provisions of An Ordinance of the City of Aspen City Council Approving a Subdivision Exemption Lot Split for Lots 1 and 2 of the Property to be known and Dedicated as the Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado, Ordinance No. 37 (Series of 2002) as set forth in instrument recorded December 5, 2002 as Reception No. 475668. 18. Terms, conditions, obligations, provisions and easements of Trench, Conduit, and Vault Agreement between Griffith Property, LLC and Holy Cross Energy, a Colorado corporation as set forth in instrument recorded December 6, 2002 as Reception No. 475736. 19. Terms, conditions, obligations, provisions and easements of Easement Agreement by and between The Griffith Property, LLC, a Colorado limited liability company and Walnut Property, LLC, a Colorado limited liability company as set forth in instrument recorded November 13, 2003 as Reception No. 491104. 20. Any and all ores or minerals which may be had, mined or found within [he surface boundaries of said granted premises so far as the same may or can be worked without interfering with the surface of said premises, as reserved in Deed recorded November 9, 1901 in Book 142 at Page 496 as Reception No. 66468. 21. Terms, conditions, obligations, provisions and easements of City of Aspen Ordinance No. 52 (Series of 1988) as set forth in instrument recorded February 6, 1989 in Book 585 at Page 330 as Reception No. 308587; and on the Annexation Plat recorded in Plat Book 22 at Page 15 as Reception No. 308586. 22. Terms, conditions, obligations and provisions of City of Aspen, Water Service Agreement between Ordu Number. 905429 ~~ ALTA Commitment (6/17/06) - Schedule H 2 Page 2 of 4 title guaranty company r-. .~ .. the City of Aspen and Clourie Bennis as set forth in instrument recorded September 17, 1996 as Reception No. 397127. 23. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Commission (HPC) Approving an Application for Major Development (Final) for the Property Located at 555 and 557 Walnut Street, Which aze Described as Lots 2-5, Block 3, Williams's Addition to the City and Townsite of Aspen, Colorado, Resolution No. 15, Series of 2005 as set forth in instrument recorded May 26, 2005 as Reception No. 510584. 24. Easements, rights of way and other matters as shown and contained on Plat of Fox Crossing Subdivision recorded June 20, 20005 in Plat Book 74 at Page 17 as Reception No. 511410. 25. Terms, conditions, obligations and provisions of Subdivision Agreement for Fox Crossing Subdivision as set forth in instrument recorded June 20, 2005 as Reception No. 511411. 26. Terms, conditions, obligations and provisions of Agreement by and between Walnut Property, LLC and the City of Aspen as set forth in instrument recorded June 20, 2005 as Reception No. 511425. 27. Terms, conditions, obligations and provisions of Ordinance No. 50 (Series of 2004) An Ordinance of the City of Aspen City Council, Approving Three Growth Management Quota System Exemptions, Vacation of a Portion of Race Street, and a Fourteen Lot Subdivisions to be Known as the Fox Crossing Subdivision on Land Located between Lone Pine Road and Race Alley between Walnut Street and Race Street, 557 Race Alley and Vicinity, City of Aspen, Pitkin County, Colorado as set forth in instrument recorded June 20, 2005 as Reception No. 51140. 28. Terms, conditions, obligations, provisions and easements of Revocable Encroachment License as set forth in instrument recorded June 20, 2005 as Reception No. 511409. 29. Terms, conditions, obligations and provisions of Deed Restrictions by Fox Crossing Partners, LLC, a Colorado limited liability company for the benefit of the City of Aspen, Colorado as set forth in instruments recorded December 22, 2005 as Reception No.'s 518771, 518772, 518773, and recorded February 2, 2006 as Reception No.'s 520463, 520464, 520465, 520466, 520467 and 520468. 30. Declazation of Utility Easements by Fox Crossing Partners LLC recorded September 26, 2007 as Reception No. 542422. 31. Master Declaration Of Protective Covenants For Fox Crossing Subdivision recorded January 2, 2008 as Reception No. 545394 and also recorded January 3, 2008 as Reception No. 545472. 32. Condominium Declazation of Fox Crossing Lot 1 Condominiums recorded Condominiums recorded Apri18, 2008 as Reception No. 548154 33. All matters shown on the Condominium Map of Fox Crossing Lot 1 Condominiums Ordu Number: 9054?9 ~~ ALTA Commitment (6/17/06) - Schedule H 2 Page 3 of 4 title guaranty company ~-. r, s recorded April 8, 2008 in Plat Book 87 at Page 21. Order Number: 905429 ~~OAA/~ ALTA Commitment (6/17/06) - Schedule B 2 VV ~~V ~I ~ Page 4 of 4 title guaranty company .~, ~~ .. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR Federal and applicable state law and regulations give consumers the tight [o limit some but no[ all sharing. Federal and applicable state law regulations also require us to tell you how we collec4 share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affdiates (the Stewart Title Companies), pursuant [o Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and shaze depend on the product or service that you have sough[ through us. This information can include social security numbers and driver s license number. All financial companies, such as [he Stewart Title Companies, need to shaze customers' personal information [o ran their everyday business-to process transactions and maintain customer accounts. In the section below, we list [he reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit [his sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes- to process your Vansactions and maintain your account. This may include running [he business and managing customer ; yes No ', accounts, such as processing transactions, mailing, and auditing services, and ''~, responding to court orders and legal investigations. '~. ~ ~'I For our marketing purposes- to offer our products and services to you. ~ Yes No t- For joint marketing with other financial companies ~ No We don'[ share ~' For our atfdiates' everyday business purposes- information about your ~ ~ transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our Yes ~ No l affeliates may include companies with a Stewart name; financial companies, such I '. as Stewart Title Company ' A '. For our affiliates' everyday business purposes- information about your li No We don'[ shaze ~~ creditworthiness. For our affdiates to market to you Yes No '~, For nonaffiliates to market to you. Nonaffiliates are companies not related by ~ No We don't share '~, common ownership or control. They can be financial and nonfinancial companies. We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third party insurance company, we will disclose your personal information [o [hat nonaffiliate. [We do not conuol their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file, and buildin safe arils. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal inrormation? request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affihates or other co anies. What sharing can I limit? Although federal and state law give you the right m limit sharing (e.g., op[ out) al certain instances, we do no[ shaze our rsonal information m [hose instances. Contact US ~ If you have any questions about this pnvacy notice please contact us at Stewan Tnle Guaranty Company 1950 Pos[ Oak Blvd., Privacy Officer, Houston Texas 77056 Order Number: 90?J29 .~, .., DISCLOSURES Order Number: 905429 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; ,~., ar B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from [he county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appeaz of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from [he transaction which was closed." Provided [ha[ Stewart Title of Colorado, Inc. conducts [he closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be asingle-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of constmetion on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying [he Company against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been cons[rnction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Dale of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain constmetion information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which [he insured has contracted for or agreed [o pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WH.L BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 905J2Y Disclosures r~ ._.. ... Stewart Title of Colorado, Inc. DISCLOSURE The title company, Stewart Title of Colorado. Inc. -Aspen Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received aze either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) aze available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other chazges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. ., ... CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which aze hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. S. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www. alta.org. stewart title guaranty company All notices required to be given [he Company and any statement in writing required to be famished the Company shall be addressed to i[ at P.O. Box 2029, Houston, Texas 77252. ~~ ~~ Vicinity Map 890019.1 .,-. ~, ~.~. ~~a~ E%HIBIT MAP OF: LOT 3A, CENTENNIAL/LOT 1, FOX CROSSING SITUATED IN SECTION ,TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 ~ ~k ° rs ~i i~ ~~~ ~ ~ t. A ~'I !~ ~ t ~~ - '~"; ' ~~ 1 ;~a ~~, ~ 11a. r SOPRIS ENGINEERING - LLC ,,~~ {~ CIVIL CONSULTANTS ,#, 502 MAIN STREET, SUITE A3 CARBONDALE, COLORAD081623 (970) 704-0311 290W OL10I2009 2624T262EI.01~16147AOJUSTMENT. ~~ ., -~,. Written Description of Proposal 890019.1 r°1 '4 ./ C Written Description of Proposal and How it Complies with Review Standards Written Description of Proposal. This application is for a lot line adjustment pursuant to § 26.480.030 of the City of Aspen Land Use Code. The two lots at issue are Lot 3A of the Centennial Subdivision and Lot 1 of the Fox Crossing Subdivision. Lot 1 of the Fox Crossing Subdivision has been condominiumized into two land units known as the Fox Crossing Lot 1 Condominiums. The portion of Lot 1 affected by the proposed lot line adjustment (274 square feet) is within the designated boundaries of Unit B of these condominiums. Neither Unit A nor any common azea is affected by the proposed lot line adjustment. The proposed lot line adjustment will also result in a dedication of 950 squaze feet of land to the City of Aspen as part of the Race Street right-of--way. This dedication will remove any question as to whether this 950 squaze feet is public right-of- way or part of Lot 3A of the Centennial Subdivision. The total effect of the lot line adjustment will be to remove 1,224 squaze feet of land azea from Lot 3A of the Centennial Subdivision and move the most western boundary of Lot 3A to the east by approximately 28 feet. 2. Review Standazd Compliance. Pursuant to § 26.480.030.A.1 of the City of Aspen Land Use Code, the following italicized conditions must be satisfied for approval of a lot line adjustment. (a) The affected lots must be contiguous. RESPONSE: As shown on the draft Lot Line Adjustment plat included with this application, the affected lots aze contiguous. (b) It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. RESPONSE: This lot line adjustment is being proposed for the purpose of correcting a surveying error that has resulted in an overlap of 1,224 squaze feet with respect to the Fox Crossing Subdivision and Lot 3A of the Centennial Subdivision. The Centennial Subdivision was approved by Pitkin County in the eazly 1980s. The Centennial Subdivision was subsequently annexed into the City of Aspen in 1989 Eursuant to an annexation map recorded in the Pitkin County real estate records at Reception No. 311180. The property at issue in this application is Lot 3A of the Centennial Subdivision according to the Third Amended Plat of Centennial Subdivision approved by the City in 2004 and recorded at Reception No. 497963 Dating back to the original Centennial Subdivision plat approved in the early 1980s, the azea affected by this proposed lot line adjustment has always been shown of record as being part of Lot 3 (and now part of Lot 3A) of the Centennial Subdivision. 890040.1 ~ -- ~ s .s The Fox Crossing Subdivision was approved by the City in 2005. The eastern boundary of the Fox Crossing Subdivision plat overlaps the previously approved Centennial Subdivision plat by 1,224 feet. This overlap is shown on the proposed Lot Line Adjustment plat included with this application. This overlap apparently resulted from the surveyor for the Fox Crossing Subdivision not noticing that the affected land azea had already been platted as part of Lot 3A of the Centennial Subdivision. (c) All landowners whose lot lines are being adjusted shall provide written consent to the application. RESPONSE: The owners of the affected private lands aze co-applicants for this application. A portion of the affected land will be dedicated to the City of Aspen pursuant to the proposed lot line adjustment plat for the purpose of confirming the Race Street right-of--way, which is shown as "Pazcel B" on the proposed plat. (d) The corrected plat will meet the standards of this Chapter and conform to the requirements of this Title, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. RESPONSE: The applicable Zone District requirements aze being satisfied. Lot 3A of the Centennial Subdivision is within the R/MFA Zone District, which provides for a minimum lot size of 6,000 squaze feet. After the proposed lot line adjustment, Lot 3A will still be over 10 acres in size. The relocation of the most western boundary of Lot 3A will not affect any setbacks because none of the existing apartment buildings on Lot 3A aze neaz the affected boundary. Finally, the existing apartment units on Lot 3A aze significantly below the density permitted on Lot 3A under the R/MFA Zone District regulations, and this will not change with the minor reduction in the size of Lot 3A. The previously approved dimensions of Lot 1 of the Fox Crossing Subdivision aze merely being confirmed and validated by this lot line adjustment. No change in Lot 1 is occurring. Thus, all dimensional and other requirements will remain satisfied. Once approved, the lot line adjustment plat will be recorded within 180 days. (e) It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line avoao. i 2 4 r ~• ~ adjustment and the recognition that no additional FAR will be allowed with the adjustment. RESPONSE: Sheet 1 of the proposed plat includes a "Development Restriction Note" confirming that the plat shall not create the opportunity for any increase in FAR or permitted density. No new lots aze being proposed pursuant to this proposed lot line adjustment. Lot 3A of the Centennial Subdivision is being reduced in size by 1,224 square feet, meaning no additional FAR or density will result for Lot 3A. With respect to Lot 1 of the Fox Crossing Subdivision, the originally platted dimensions of this lot aze merely being confirmed through this lot line adjustment. 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Permit # '~ ~ ~`#. ~, Phone # ,~i1,`_' s~; . ~~ Wig.` x ? Q Demolition/Relocation Commercial Multi-Family - # of um/ ~ Employee House. - # of units LOT SIZE: 3'Z h~^ LOT AREA: Special Review PUD TYPE OF WORK ~_., ~a' ~ w~onstruction RemodeUAddition Single-Family uplex Accessory Structure SETBACKS Allowed Princi aUAcc) Pro osed (Princi al/Acc) Front Reaz ~. ~ ~,` j, Combined FrontlReaz ' Side 1 ,r Combined Side 9~ i'' ~"~t ; w .'~ ". ;' Distance btw buildings y Comer Lot it- r ~ ~!~" n, ~~- ~~ "~- ~ ' HEIGHT (PrincipaUAccessory): Allowed: c-1 Proposed: 2`! FLOOR AREA: Allowed: `~-~ Yro osed: ~7 t-e> /` .Exempt Space (s.£ Z Tpf~CS `~f~uo~{ y „~ ,!V `~;S Gazage 4~q ~_~~ Subgrade ~~Decks ce"~'~'~',' (~ ~ , ~ ~ 1 ~~~~ ~ f NET LEASEAB~ SF Ex sting: Proposed: ~ ~,,,,1 ~ OPEN SPACE % Required: Proposed: ~r. , BEDROOMS Existing:- Proposed: l~ ~ SITE COVERAGE Allowed: a ' Proposed: ? Q~d'J~ F ON-SITE PARKING Required: '~ Proposed: Z -`'~ ~~ FEES: School: P~ Par1c Dedication~~~Cash-in-lieu: Pluinulg fees paid: __ y x-'33 _._ ~1-~~'~ f ASPEN *PITKIN COMMA '°'rY DEVELOPMENT DEPARTM~F '~ERMIT APPLICATION PITKIN COUNT`r'O CITY OF ASPEN 130 South Galena 970 / 920-5526 970 / 920-5090 w ~~• `~~~ ~~~~ Aspen, CO 81611 970 / 920-5532 Inspection Line 970 / 920-5448 Inspection Line ~B PERMIT NO. General ApQlicant to complete numbered spaces only ~. P`ermit JOB ADDRESS Rn / D 1. pgb qc ~ x LEGAL LOT NO. 2 BLOCK o^SEE ATTACHED SHEETI T~TOR SU~IO - ~ . DESC. ~L~~ ~ 1J 1ZI DI_ OWNER MAIL ADDRESS ZIP PHONE FD , 3. ASP>;t1 ~Ttzr 1= U-G O A'~l; 81b11 ~ • ao ~ FN OWNER'S AUTHORIZED AGENT MML ADDRESS PHONE LICENSE NO ~ °l2r` -3 ~ 4 M~"~ ~ i• D G . i ~lki'd~li t11f A•C~cN-I S o ~. F-~t.r.- CONTRACTOR MAIL ADDRESS PHONE LICENSE NO ` MS ~ 89~ 3~ 5• J ~UtLb S 21r-r ~. o to `I2o•1°II RF PHONE LICENSE NO ARCHITECT OR ENGINEER OF RECORD MAIL ADDRESS ~~ 11 6. 6 ~ r~t~ttJ 2F/'tJ O G' o ~ I Z . O ENERGY CODE FEE USE TAX CENSUS CODE G1S. FEE O ~C~~ OF WORK 7~ $.NEW ^ ADDITION ^ ALTERATION ^ REPAIR ^ O O (t ~~ 001 b ~~,(~ ~ a USE OF BUILDING SINGLE FAMILY ^MLILTI-FAMILY 8• ^ COMMERCIAURESIDENTIAL ^ COMMERCIAL ^ OTHER PLPN CHECK FEE ~~~', ~~ PERMR FEE `J~~ ~,~ ZONING FEE ~ a "r6 . ~S (~ ~ n VALUATION OF WORK 9 E%ISTING 5a. FOOTAGE E F GE IS PERMR 10 Type of Construction Occupancy Group ?O~ LM Mee m r . $ ~ ~ . I/t ~ v 11. Is there food service in this building ^ VES ~N ~~, Size of Builtlirg (rasl Square Ft) Np. of Stones ~ Ow. Loatl = 2 ( 62FS C 2 ` m NO 12. Is LPG used? ^ vas ~ oVEXi• OF BEDROOMS NO Use Zone Fi uiretli Yes ^No ri klers Re S . n q re p 13. Parcel ID# call 920-5160 Q73~ - 013 - 200 ~DO~D ~ _ Harm System Recui,ed! ^ves ^uo ~( 77 p 14. Description of Work N~~ Gjlr`+e'I(~ at'~ll t, No.MOwelling Units OFFSTREET PARKING SPACES 7 F ' 2 " ~ ' Co~rered ~ Wcoveretl F1 ~ tp G I.II'1 ot2l S A ~ C SPECIAL APPROVALS REQUIRED AUTHORIZED 6Y DATE L A t7PC°i SING . H.P.C. PARK OEDICATION~Z" -+'1 -' ~ENMRO...MEAETH'SC C~:~,> [ PREGUBM L APPLILAnON ACCEPTED PLANS E f G/D~ ~ APPROVED FOR ISSUANCE f1~GNEERING •, D e 9Y ~~ ) ~/ / eM`q~A`= eY~ RKS J l ~ _ 2~0~ ~ Q6 NANRALRESOURCES try OA V PATE DATE MTE n E MARSHAL ~ ~~ V NOTICE R TPP Y VENTILATING HEATING PLUMBING SEPARATE PERMDS ARE REQUIRED FOR ELECTRICAL '~ - , , , PEN CONSOL SAN. DIST. 6 G OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS -~~' C. E\'i~ 1 » ~ r ~ ~~y. NOT COMMENCED WITHIN 12 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FORAPERIOD OF 180 DAYS AT ANV TIME AFTER WORK ISCOMMENCED. PAYMENT OF PITKIN COUNTY USE TAX V C I HEREBY CERTIFY THAT I HAVE READ ANO E%AMINED THIS APPLICATION AND KNOW THE ^ MOMHLY OR QUARTERLY RETURNS WILL BE SUBMITTED. SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF TAWS AND ORDINANCES GOV- ERNING THIS TYPE OF WORK WILL BE COMPETE-D WITH WHETHER SPECIFIED HEREIN OR ^ DEPOSIT METHOD .S%OF 25%OF THE PERMIT VALUATION PAID NOT. THE GRANTING OF A PERMR DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST OR CANCEL THE PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING CON- BE FILED WITH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF STRUCTION OR THE PERFOR CE OF CONSTRUCTION. IT IS MV RESPONSIBILITY TO WORK AND/OR ISSUANCEOF THECERTIFICATE OFOCCUPANCY. REVIEW THE ROVE P 5 AND V COMMENTS THAT ARE CONTAINED THEREON AND SEE AT E U D/O PROJECT IS BUILT IN COMPLIANCE WITH ALL ^ EXEMPT: EXEMPT ORGANIZATION APPU DE ^ RESALE: STATE 8 PITKIN COUNTRY RESALE N0. i - THE DEPOSIT METHOD WILL BE ASSUMED UNLESS OTHERWISE NOTED. SIGN RSpF O OR lD L/© /~ tl ~ 1 !, w t~P ~ ANYONE WHO USES AND/OR CONSUMES BUILDING MATFAIALS AND FIXRIRES IN i ~i/~' V W b PITKIN COUNTY IS SUBJECT TO THE.5%USE TAX. PRINr NNAME PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE GONTPAGTOR'S PROPERTY WHEN USE TAX IS NOT PAID SIGNATURE OF OWNER IIF OWNER BUILOEPI (OATEI THIS FORM IS A PERMIT ONLY WHEN VALIDATED Energy Code Fee Plan Check Fee Zoning Fee ,~. 5~~-~S I a~1 ~s ~n WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE GIS Fee Permit Fee Use Tax Deposit Fee Otlter Fees 5S/~ ~ ~~~~~~ _ 7 O RECEPTION#: 55936b, OSJ27/2001~ 10:33:26 AM, 1 OF 6, R $31.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For Lot Line Adjustment; Lot 1 Fox Crossing Subdivision and Lot 3A Centennial Subdivision, commonly known as 565 and 569 Race Street and 100 Luke Short Court. Parcel ID No. 2737-07-3-95-800 (Fox Crossing Lot 1) and 2737-07-4-27-703 (Centennial Subdivision Lot 3A) APPLICANT: Centennial-Aspen II Limited Partnership REPRESENTATIVE: Bart Johnson SUBJECT & SITE OF AMENDMENT: Lot Line Adjustment cottecting a survey error that wrongly established the boundary lines for the Fox Crossing Subdivision, Lot 1, commonly known as 565 and 569 Race Street. SUMMARY: The Applicant has requested approval for a Lot Line Adjustment. When the Fox Crossing Subdivision was approved in 2004, under Ordinance No. 50 series of 2004, the resulting plat of the subdivision was incorrectly drawn and a boundary overlap was created. This surveying error extended the boundary line into Centennial Aspen Lot 3A and created an incorrect azea the size of 1,224 squaze feet (see Exhibit B). The Applicant, Centennial-Aspen II Limited Partnership, requests to dedicate a portion of Centennial Subdivision Lot 3A to the public right-of--way and incorporate a portion into Lot 1 of Fox Crossing Subdivision. The larger portion, 950 sgaure feet, will be dedicated as public right-of--way along Race Street, and the smaller portion, 274 square feet, would become part of Fox Crossing Subdivision Lot 1. This lot has been condominiumized under two separate ownerships and the 274 square foot azea is included within the area shown as Unit B, or 569 Race Street. The actual lot size of Lot 1 at the time of approval was 9,073 sq. ft. rather than the 9,347 sq. ft. that was recorded under the Fox Crossing Subdivision (due to the surveying error). An important element of lot line adjustments is that they do not allow the transferred land to increase the allowed floor area or density on the receiving lot, in this case Lot 1 of Fox Crossing (see Table 1 and 2 below). Page 1 of 4 ,~, Tahla 1 • I nt 1 of Fnx Crnssin[? Suhdivision IAs Recorded) Lot Size on INCORRECT Plat 9,347 sq. ft. Allowable Floor Area in the R-6 Zone District for this lot size: 4,100 sq. fr. Two TDRs extinguished on site: 500 sq. fr. Total Allowable Floor Area: 4,600 sq. ft. Tahle 7~ I of 7 fAs Corrected. After Lot Line Adjustment) Lot Size* 9,073 sq. fr. Allowable Floor Area in the 4,084 sq. fr. R-6 Zone District for this lot size: Two TDRs extinguished on site: 500 sq. fr. Total Allowable Floor Area: 4,584 sq. fr. Difference in Allowable Floor 16 sq fr Area: *Note: Due to the original surveying error, Lot 1 as approved is actually 9,073 sq. ft. Floor area is based upon the actual lot size and the land transfer of 274 sq. ft. through the boundary line adjustment cannot be calculated towards Lot 1's floor area or density. Fox Crossing Lot 1 developed to its maximum allowable floor based on the surveying error. So, as shown in Tables 1 and 2, the existing development on Lot 1 is exceeding the allowable FAR by 16 square feet. As such, the dwellings on Lot 1 are considered nonconforming structures as outlined in Chapter 26.312, Nonconformities of the Land Use Code. This FAR inconsistency shall be noted on the plat. STAFF EVALUATION: Staff supports the proposed Lot Line Adjustment which includes properties at the Fox Crossing Subdivision and Centennial Subdivision, and feels that the dedication and grant of a portion of Centennial Aspen Lot 3A properly corrects the surveying error. 950 square feet shall be dedicated to the public right-of--way along Race Street and 274 shall be granted to Fox Crossing Lot 1 Condominiums with the recorded plat stating that there shall be no affect on development rights, including FAR and density, on either parcel. Page 2 of 4 .-, ~~; DECISION: The Community Development Director finds the request for a Lot Line Adjustment to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the application as specified below. The approved application request for Centennial Subdivision and Fox Crossing Subdivision, allows for a Lot Line Adjustment - through a 1,224 square foot dedication and grant from Centennial Subdivision Lot 3A - correcting a surveying error. APPROVED BY: i ,i Chris endon Community Development Director Date Attachments: Exhibit A -Review Criteria Exhibit B -Site Plan Exhibit C -Application Page 3 of 4 1y,/ i, Exhibit A Review Criteria, 26.480.030: 1.) It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels When the Fox Crossing Subdivision plat was created there was a surveying error that created an overlap of boundaries between to contiguous lots (Fox Crossing Lot I and Centennial Subdivision Lot 3A) 2.) All landowners whose lot lines are being adjusted shall provide written consent to the application All landowners have provided written consent regarding the lot line adjustment. This includes Centennial-Aspen II Limited Partnership and the owners of Fox Crossing Lot 1 Condominiums. 3.) The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin county Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days,following the approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording The corrected plat meets the standards of this chapter and conforms to the requirements of this title. The lot size of Fox Crossing Subdivision Lot 1 (9,347 sq. ft.) will not change being that the current size is the area that was recorded at the time of the surveying error. The dedication will have no impact. 4.) It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. It has been noted on the new plat that this lot line adjustment will not affect development rights, FAR, or permitted density of the affected lots. For any future redevelopment, the Units on Fox Crossing Lot 1 Condominiums shall meet the adjusted and corrected plat calculations. Page 4 of 4 a X ~1~ Z VJI O/~// LL U X O u_ r q Q u£ Q a j oa a 3 Z i O rc`^ z ~+J a~ i 1 N Q m ~~ o~ L u a z 0 ~3 a ~~ $ z~ ~ ~ w ~a 1=-O uG o LL O ~ ~ u rp°` N J Z b w ~ m 3w N2 O ~ ~ ww~l j Q c QKK y o =2~ ~a~ a~~ = Z Z O ~ U OZ~ Via. 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