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MINOR CONDO AMENDMENT
AND UTILITY EASEMENT VACATION
PARCELS 273718232017,18,19,20,
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0061.20048.ASLU
PARCEL ID NUMBERS 273718232017,18,19,20
PROJECTS ADDRESS 1012 E. COOPER AVE
PLANNER JEN PHELAN
CASE DESCRIPTION MINOR CONDO AMENDMENT
REPRESENTATIVE GARFILED & HETCHT
DATE OF FINAL ACTION 12.22.11
CLOSED BY ANGELA SCOREY ON: 12.22.11
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Permit Information
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Description
MINOR CONDO AMENDMENT AND UTILITY EASEMENT VACATION
Issued F
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Submitted IGARFIELD & HECHT 925-1936
Clock Ru� Days 1 0
Expires 1270412009
Owner
Last Name INEDLIN MARNY B -I
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ADMINISTRATIVE APPROVAL OF COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR
CLERK AND RECORDERS ACCEPTANCE
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NOTE TO FILE:
1/25/2011
After reviewing the application, I found the initial pre -application was incomplete. Upon
revising and updating the pre -application (enclosed), the applicant has not taken any
action on this case.
Ben Gagnon
Special Projects Planner
Community Development Dept.
City of Aspen
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Ben Gagnon, 429-2755 DATE: 11.02.2009
PROJECT: 1012 E. Cooper Street
REPRESENTATIVE: Mike Hoffman / Nicole @ Garfield & Hecht
Tel: 544.3442 and 947.1936
DESCRIPTION
The Applicant would like to remodel/expand one or more of the existing condominium units located at 1012 E.
Cooper Street. As part of the remodel/expansion(s), applicant wishes to amend the condo plat for vacation of a
utility easement. As part of a similar application process in 2008 that was never completed, the applicant filed
letters from all relevant utilities stating that the easement was no longer necessary, as the utilities were at some
point installed and located on a different part of the property. As part of any future amended plat and easement
vacation, the applicant will be required to establish a new easement for the area where utilities now exist.
However, there are other complications with regard to amending this condo plat, related mostly to the
delineation of a seven (7) space parking area as part of the final condo plat approved by City Council in 1978. It
appears that this parking area was either never fully utilized as a delineated parking area or at some point in
time the parking area was reduced approximately in half via the installation of a fence. (There is no building
permit record for the fence, aside from the "replacement" of a chained link fence with a wooden fence in
October 1991.) During a site visit in October 2009, staff observed that some portion of the parked cars
appeared to be located in the alley right of way. A mobile Dumpster also appeared to be at least partially
located in the alley right of way.
The building permit record sheds some light on what has transpired at this site over the years. The City issued
a building permit in 1998 for a 1,503 s.f. expansion of Unit #1 while apparently relying on the submission into
the building permit record of a 1996 draft condo plat amendment with empty signature blocks, and which was
never recorded with the Pitkin County Clerk and Recorder's Office, This 1996 draft condo plat showed only the
parking area as it had been limited by the fence, and did not reflect the much larger parking area as delineated
in the 1978 final condo plat. Further it appears that a building permit issued in 2002 and building permits issued
in later years relied on the submission into the record of a 1978 draft condo plat with empty signature blocks,
which did not include the parking area that was delineated in the 1978 final condo plat, as approved by City
Council and signed by the Mayor and Clerk's Office. Various building permits since 1998 allowed for structures
to be built in the parking area established in 1978, including a portion of one of the condominiums, a concrete
patio and a concrete walkway.
The size of the parking spaces that exist today, which are bordered by the fence and other improvements to
the south, are substantially lower than the 8.5'X18' required in Section 26.515.020(A). In order to gain
administrative approval for an amended condo plat, at least five (5) parking spaces would need to be shown
according to the current calculations in Section 26.515.030, each reflecting the required dimensions for a
parking space of 8.5'X18'.
Applicant has requested information on other approaches that might authorize the existing parking area. One
alternative approach would be to apply to the Board of Adjustments (BOA), requesting a variance from the
dimensional requirements of an off-street parking space for this property, pursuant to Section 26.314.030(A).
Another alternate approach would be to apply to the Planning and Zoning Commission, requesting a Special
Review of Off -Street Parking Requirements pursuant to Section 26,430.030, with Special Review standards
listed at Section 26.515.040(A).
If either the BOA or the P&Z effectively authorizes a parking area that is smaller than required by the 1978 final
condo plat, the applicant may apply for a condo map amendment reflecting that decision. The Community
Development Department Director may approve a condo plat amendment administratively, in this case
reflecting the dimensions of the parking area, vacating the current utility easement and establishing a new utility
easement, pursuant to Section 26.480.090.B.
As long as no demolition occurs, the remodeling or expansions of existing multi -family developments are
exempt from Growth Management Mitigation. See Section 26.104.100 for the definition of demolition. Impact
fees may still apply for building permits depending on the extent of the remodel/expansions.
The property is zoned Residential Multi -Family (R/MF) and contains approximately 6,621 square feet and 5
residential units. Under the current zone district requirements, the allowable floor area ratio is 1.25:1 or
8,276.25 square feet. If the remodeling affects floor area, the applicant is not permitted to exceed the
maximum floor area allowed. All other Land Use Code requirements must be adhered to and will be reviewed
when the application is submitted.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090.E Condominium Plat Amendment
26.314.030.A Authorized variances
26.430.030 Special review
26.470.040 Growth Management Quota System - Exempt Development
httD://www.asr)ent)itkin.com/depts/38/citycode.cfm
Review by: - Staff for complete application
- Referral agencies for either BOA or P&Z review, if pursued
- Community Development Director for condo plat amendment
Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are
billed at a rate of $245/hour) plus $212 for Minor Engineering Department referral.
Total Deposit: $947
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership. The contract of Purchase and Sale will be adequate proof of right to apply.
3. Completed Land Use Application Form.
4. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the representative
authorized to act on behalf of the applicant.
5. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for
the Development Application.
6. An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
7. A site plan of the subject units and the proposed floor plan if it is available. This site plan should
include calculations of floor area of each unit.
8. A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development application.
Please include existing conditions as well as proposed. Please provide a written response to all applicable
criteria.
9. An amended paper copy of the proposed plat that should include the information listed for
Condominiumization under Code Section 26.480.090 (B).
10. Additional application material as required for each specific review. (See application packet and
land use code)
11. 2 Copies of the complete application packet and maps.
12. 4 Copies of the paper plat.
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.
/5eN 6-o ) q cAr-
1012 E. Cooper Street Building Permit File Summary
7/7/87
Building permit issued for 34 s.f. addition and remodel, for unit #5.
8/24/87
Building permit issued "converting 94 sq. ft. from GCE to space in Unit#5.
Staff note under "other" — "must amend condo plat!"
10/10/91
Building permit issued to replace existing fence. Includes stamped boundary survey that
does not show parking area from 1978 condo map. (Sydney Lincicome)
8/11/98
Building permit issued for 1,503 s.f. addition Unit #1.
Amended declaration established s.f, expansions for each unit, authorizes Joe Nedlin
(unit# 1) to obtain amended condo map to rearrange limited and general common
elements. Floor plans and elevations filed, references amended final plat by Aspen
Survey Engineers dated 11/96. Amended condo plat (all signature blocks empty) filed
with building permit application showing parking area where fence is located — this plat
was never recorded with county, presumably never approved by Council.
5/22/02
Building Permit issued for Joe Nedlin for deck addition on 3`d level south side.
Written notes: "applic. Ok'd w/ S.O. (Sarah Oates) re: condo map."
Condominium map of Cooper Ave Victorian Condos recvd by ComDev on 5/13/02;
Owner's Certificate is dated Feb. 2, 1978, but no signature/date for "Clerk & Recorder's
Acceptance." Condo map shows Lots M, N and O, but does not show "Parking Area."
Same condo map (blown up version) recvd by ComDev on 5/20/02.
Actual Condo map (provided in 2008 application) shows the Owner's Certificate is
signed on Feb. 2 — identical signature as condo map recvd by ComDev on 5/13/02, but
this one is signed on 3/3/78 by Clerk & Recorder. This condo map shows the "parking
area" and delineates seven parking spaces.
Minutes of P&Z and Council meetings in September and December 1977, along with staff
memos, show that seven parking spaces were a condition of approval. Since this was a
Final Plat approval, there was no ordinance or resolution passed, just approved
conditions and Council signing of the final plat in February 1978.
5/3/04
Building permit issued (0021.2004.ARBU) w/SO check, Letter of Completion signed
12/3/04 for new elevator, remodeling, bathroom addition, roofdeck addition.
Permit application checklist, provision of final plat etc box not checked. Floor plans
provided.
6/15/04
Building permit issued for 597 s.f. addition to Unit #2, including concrete walk and patio,
signed by Sara Oates. Certificate of Occupancy signed 3/24/05.
Building permit application checklist recvd 3/22/04;
'Wa" for traffic and parking management plan
"red line" through box for copy of approvals including final plats (red marker appears to
be staff review) Perhaps SO determined final plat not needed because (unsigned,
inaccurate) plat already in permit file.
"HOA approval letter" recvd by ComDev on 4/05/04, showing floor plans, signed by
Joseph, Marny and Richard Nedlin.
6/17/04
Building permit approved to relocate existing wood fence to property line, add two 3'
sections to complete. Zoning approved by Sara Oates. Includes photo of existing fence
halfway back from property line. (??)
8/8/05
Building permit issued for Unit #2, living room addition of 30 s.f., remodel of guest
bathroom and bedroom. Certificate of Occupancy signed 3/6/06
Floor plans show Unit 42 addition as now "existing."
1/31/06
Building permit (0013.2006.ARBU) issued 1/31/06, Letter of Completion issued 1/30/07
for internal remodel Unit #1.
8/25/08
Building Permit (0115.2008.ARGR) issued for Unit #5, adding 73 s.f. — "small addition
by capturing unused space adjacent to unit." Certificate of Occupancy signed 3/24/09
Improvement Survey recvd 7/7/08 showing "gravel parking" area with a line presumably
showing existing fence.
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April 11, 2000
Curtis Sanders ASPEN PITKIN
Krabacher Law Offices ices _ _ CommuN Y DEVELOPMENT DEPARTMENT
201-N. Mill St., Suite 201
Aspen, CO 81611
Dear Mr. Sanders,
I am writing to portray to you the City of Aspen Community Development
Department's position regarding the amendment to the Cooper Avenue Victorian
Condominium Plat that was submitted to us on .February' 4, 2000. We will not
approve the condominium plat amendment until one of two actions occur.- We will
approve the Condominium Plat Amendment if you either obtain an encroachment
license from the City of Aspen Engineering Department to maintain the fence in the
platted parking spaces or move/remove the fence. Unless extenuating circumstances
exist, the City Engineering Department is not likely to grant an encroachment license
for the public to park in the alley. The other option is to move/remove the fence so
that the platted parking spaces meet the City of Aspen Land Use Code requirements
for the size of platted parking spaces. The >equired size for a platted parking space
is outlined in section 26.515.020• of the City of Aspen Land Use Code and states that
each off-street parking space shall consist of an open area measuring eight and one-
half feet wide by eighteen feet long. A- fence permit was granted but not for that
section of fence and not for a fence'that was constructed in the platted parking
spaces. -The fence permit application shows nothing in the platted parking spaces at,
the northern portion.of the .property. Any reconstruction of a fence also requires a
building permit. If you have any questions please give me a call at 920-5104.
Sincerely,
James Lindt
City of Aspen Planning Technician
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439
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Regular Meeting Aspen CJ r - Council December 12., 1977.
felt till, CJty Il,s to'cicterminc to spond money to do-:ona,'hinq about this. Thn options
are (1) ban all cars from the core area, (2) clean up after each storm, maybe tl,Js is
1 shoveJlJnq problem, (3) not put cinders on thc4 street except Main strt.ct, dial (4) use
melt -away that does not, hurt the pavement. This CiLy cannot let this ge any lollger.. The
City has got to make a good impression. F.veryornr• on Council agreed this is a problem.
G. Councilwoman Johnston said she did not think the City was ChrisLmas-y enough. At
night, one cannot see the banners that are hung under the lights. Thic-may be an
onginecring thin,, perhaps: all. that is needed is Something that reflects. Cou„cJl.woman
Johnston said she felt the City needed to do a little Gat more. Mahoney told Council
that the City had evergrccn garlands for the front- of City-hal.l, and the City will put
sparkle. lights up in Paepcke Park. Last• year the lights got too vandalized in the mall.
7. Councilman van Ness commented he was gland that liquor licenses were not restricted.
LIQUOR LICENSE RENEWALS
Tom Dunlop, Sanitarian, recommended condJ.tiona,j approval on Berkely/Aspen, liomo Plate,
Hotel Jerome, Shaft, Mother Lodge, Paragon, and Plum Tree Inn. Councilman Behrendt poinLca
out that the Council was attempting to attach conditions of use change to approval of
transfers of liquor,lJcnnses and asked of the renewals, could be conditioned so. City
Attorney Nuttall said she would be uncomforable with this legally, although it is not
imPOSsible. Mayor Standley said the Council Should ask. Dunlop, when he is going around
doing inspections, to give Council a list of existing uses and then these can be cheCJ;ell .
Councilman Wishart moved to approve the renewals for 'Little Nell's Wienerstube, Uncle
Willy's, Guido's, Pablo's, Copper Kdttl.e, Eagle's Carl's Pharmacy, Pi.nocchio's, Gold on
Barrel, Goldcn Ilorm, Johnson's Temptations, Andre',s, and Captailt's Anchorage without
condition; seconded by Councilwoman Johnston. Councilman Hershey eliminated himself
from voting on Johnson's as they are a client. All in favor, motion carried.
Councilman Parry moved to approve the renewals for Derkely/Aspen, Homc Plate, ❑otel
Jerome, Mother Lodge, Paragon, Plum Tree Inn, conditioned upon approval of satisfactorily
completing the health inspection; seconded by Councilman Van Ness. All in favor, motion
carried.
REQUEST TO EXPAND PREMISES '-Andre's
Mayor Standley pointed out to the Council that this has been extended for at least one
year.
Councilman Parry moved to approve the 18-E for Andre's;seconded by Councilman Hershey.
All in favor, motion carried.
SCULPTURE AT JEROME GALLERY
City Attorney Nuttall told Council she would write a letter of encroachment with the
three standard requests, for indemnification, insurance, and remove at the City's
request.
Councilman Behrendt moved to approve putting sculpture on the Mill street side of the
Hotel Jerome with the standard three conditions; seconded by Councilman Parry. All in
favor, motion carried.
APPOINTMENTS TO BOARDS AND COMMISSIONS - HPC and Board of Appeals
Council asked Ms. Nuttall what the status of the building permit by Gaard Moses i:as.
Ms. Nuttall answered that. this is not resolved at this point. Ms. Nuttall said she
anticipated the City will have to file a law suit; the City and Moses will be adversaries
Mayor Standley opened the floor to nominations.
Councilman Hershey moved to nominate Susan Hoban to the Board of Appeals and Examiners;
seconded by Councilman Behrendt. All in favor, motion carried.
Councilwoman Johnston moved to appoint Jon Seigle to the I1PC as a full member; seconded
by Councilman Wishart. All in favor, motion carried.
5 Councilman Parry moved to appoint Gaard Moses to the HPC; Seconded by Councilman Hershey.
Councilwoman Johnston stated that if there is
someone who is tinder investigation for an
illegal thing in the City, she believes that.the City has the obligation to keep
the
Boards at the best caliber that can be found. It is not fair to the citizens to have
f•
someone on a Board who is not following the City's code. Councilman Wishart said the
Point is well taken, but. that is presuming Moses is The
guilty. Council can remove
Moses if he is found guilty. All in favor, with the exception of Councilmembers Johnston j. and Behrendt. Motion carried.
FINAL SUBDIVISION APPROVAL - Cooper Avenue
«�
Ms. Smith, planning office, told Council this is the final plat for the Cooper Avenue
apartments, located on East Cooper near the Roaring Fork river on the north side of the
street. This is an existing Victorian building with 4 two -bedroom
and one studio units.
�i The P d 'L approved the preliminary plat and attached several conditions, most of which
'
were technical engineering matters. The engin^oring department rovicwed Lilo survey and
i these have been tak,:n cars: of with the, excopt.ion of the condition of B parking spaces
)
located in the rear of the building. Ms. Smith pointed out that it is not possiblo to
got this. City Engineer Ellis recommends that this be
t
dropped to 7, feeling that the
(' extra pa;king space would encroach in'tho side yard or alley,
.r
nc;ular.-Meetinr; _ Aspen City council .
— -- - -- _ December 12, 1977
:r. Smith told Council that the subdivision inlprovemenL agreo* nt looked fine with the
rception of a reyucst Lo insert joining a special improvcmont.'districC, esl,r_•ciall.y for
(rcetr>>, curb, and yut:tors. l'hn.planning of[ice is roquestin{ the 90 day right of first
el'u.^,al. be incorpornLed as Should the condition of si.>; month minimum lease. Ms. Smith nformod the Council ghat the subdivision agrecment.did include .1 provision that the uturo owners will agree to .join any district established for rindergrounding o[ utilities.
s Smith pointed out that with respect to condominitill, izaLion policy, which is up f.or ublic hearing later,'this application will comply as three out. of the five existing
enants have agreed to purchase the unity..-
ayor Standley asked about the purchase price. Gideon Kaufman, representing the schiffs,
old Council he provided the price to show, that this complied with condominium.ization
ol]cy. There are, only three units being offered for sale; all Lhrc(j are b6ing purchased
or $60,000 plus•10 per cent: of the price of condominiumi.zaLion. The Schiffs will retain
ne unit to live in themselves. The other is a small studio.
ouncil.man Behrendt moved to approve the final subdivision subject to the two conditions
equested by the planning department and the compliance with the condominium.izaLion policy,
ight of first refusal and six month lease minimum; seconded by Councilman Wishart, All
it favor, motion carried..
RANSFF,R Or LIQUOR LICENSE - Aspen Inn Club
ar.ry Edwards, representing Daniel Wardwell, told Council that he and the City ClerY, had
aen over the tapes of the January 10, February 14 and 28 Council meetings with regards
:1 this transfer. At the ,7anuary 10 meeting it was moved to approve the renewal and the
34-A transferring the stock to Wardwell. Then City Attorney Stuller asked that it be
locked out that the 404-A was appropriate. At this point, the 404-A got shelved and
,,thing happened.
Duncilman Parry moved to approve the stock transfer of the Aspen Inn Club to Daniel
irdwell; seconded by Councilnan Van Ness.
iyor Standley asked if the kitchen had been taken care of. Edwards answered that before
rc inn Club opens, prior to January 18 when the license expires, they will install a
itchen to become operative and to include the approval from Dotson and Tom Dunlop.
11 in favor, motion carried.
JP LEASE
-t Daily, representing the Pub, told Council their lease expires April 30, 1978, and the
ib would like to have an extension. The Pub, as a business, has to plan ahead at least
re season. City Manager Mahoney told Council he had discussed this, and until the City
tows what the leheel.er Opera (louse is going to do, the staff would recommend a six month
ease with six rtonth renewal option. Daily pointed out that the Pub would .like to extend
re lease as long as possible. The City is not certain when they will, accomplish the
imodelling. The Pub would like a minimum year's extension. The Swales lease on the
)stairs does not expire until 19B1. Finance Director Butterbaugh told Council the Pub
is paying $625 per month. This was reviewed last year and is competitive for basement.
)ace.
droney stated the City would like to maintain all their options. Mayor Standley said
ie policy decision was to have all tine leases expire at the same time and then have them
r a month to month basis. Mayor Standley said something may happen as early as January
179. Councilman Wishart said he had no problem with a year extension, that nothing will
,ppen in the next year. Councilman Wishart pointed out that the Pub needed this security
businessmen. Mayor, Standley said the City needed to have total planning flexibility
yen they need it. The Council should let. the Pub lease through December 31, 1978 with e. City option to renew assuming the City doesn't have anything going. The Pub will have
or 6 months lead time to know what the City is planning to do.
uncilman Ilershey moved to renew the Pub's lease to the first of the year 1979.with an
tion to renew period not to exceed six months, option to be of the City; seconded by
uncilman Behrendt.
uncilman Van Ness said he felt some sort of notice is required in the lease. Councilman
rshey suggested a 60 day notice. Councilman Van Ness pointed out that this space cannot
compared with other commercial spaces in town because of the condition it is in.
1 in favor, motion carried. qq
7INANCE 453, SERIFS OF 1977.- Condominiumization Policy
/or Standley opened the public hearing. Gideon Kaufman told Council he had spent many
nths going over this whole idea and had some suggestions. Kaufman stated this would
ve tenants an opportunity not contemplated in the contract; when their tenancy is up,
ay should no longer have the right of first refusal. Planner Kane said he would leave
:r ordinance the way it is. Kaufman asked then to add to Sec. 20-22(a) "non -assignable"
':ion to purchase. Council agreed with this. Kaufman brought up (c)(3) tenants are
)vi.ded at least•. 180 days to locate other housing. Mayor Standley answered this was in
ordinance so that people won't be out of housing in the middle of the season. 11
,.fwan pointed out (b) that all units arc restricted to six month minimum leases. The
-ention for this was for low and moderate income housing. -.Kaufman said some very
>ensive dup.lvnes are gcarexl to short term rental:;, and he would like provisions to get f
rund this clause, if po:;siblc. llayor Standley said his attitudo the more units that call
L]
GARFIELD & HECHT, P.C.
ASPEN OFFICE
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE (970) 925-1936
FACSIMILE (970) 920-4433
GLENWOOD SPRINGS OFFICE
THE DENVER CENTRE
420 SEVENTH STREET, STE. 100
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE (970) 947-1936
FACSIMILE (970) 947-1937
ATTORNEYS AT LAW
Since 1975
Website: www.garfieldhechtcom
December 8, 2008
Errin Evans, Planner
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
AVON OFFICE
AVON TOWN SQUARE, UNIT 104
0070 BENCHMARK ROAD
POST OFFICE Box 5450
AVON, COLORADO 81620
TELEPHONE (970) 949-0707
FACSIMILE (970) 949-1810
BASALT OFFICE
RIVER VIEW PLAzA
100 ELK RUN DR, SUITE 220
BASALT, COLORADO 81621
TELEPHONE: (970) 927-1936
FACSIMILE: (970) 927-1939
Re. Description of Proposal, Cooper Avenue Victorian Condominiums Minor
Condominium Plat Amendment and Utility Easement Vacation
Dear Errin:
This letter and its attachments constitute the application of Cooper Avenue Victorian Condominiums
Association, Inc., for a Minor Condominium Plat Amendment and Utility Easement Vacation. The
Applicant desires to amend the Condominium Map to reflect the redesignations of certain limited
common elements, the 1999 expansion of Unit 1, the pending expansions for Unit 1, and the
vacation of the Utility Easement.
The Cooper Avenue Victorian Condominiums (the "Project") were created in 1978. The only map
of record for the Project was recorded on March 3, 1978, in Plat Book 6, Page 88 and Reception No.
202285.
In 1999, the then -Owner of Unit 1, Mamy Nedlin, expanded Unit 1 to its current dimensions.
Accordingly, the First Amendment to the Declaration was recorded at the same time approving such
expansion. A Second Amendment to the Declaration was recently executed to redesignate certain
General Common Elements as Limited Common Elements ("LCEs") and to approve vacation of an
unused, platted "electric, communication, and utility easement" which exists in the NW corner of the
Property ("Utility Easement"). All utility providers in the area have consented to the elimination of
the utility easement.
In addition, the current Owner of Units 1 and 5, Joe and Marny Nedlin, recently submitted and
received two building permits from the City of Aspen, Nos. 0104.2008 ARGR (affecting Unit 1) and
•
do
Errin Evans, Planner
December 8, 2008
Page 2
0115.2008.ARGR (affecting Unit 5), approving their proposed expansions. Such expansions will
affect the unused Utility Easement for which vacation is requested.
Land Use Code Sections 26.304, 26.480.090.B, and 26.470.040(3) apply to this Application. The
Applicant has complied with each of these sections as follows.
• Section 26.304, Community Development Review Procedures. Applicant complies
via submission of this application packet which contains all of the information
contained in the Pre -Application Conference Summary Sheet, prepared by you, as
well as this Section 26.304.
• Subsection 26.480.090.B, Condominiumization. While subsections 26.480.090.B(3)
and (4) do not apply to this Application, Applicant has complied with Subsection
26.480.090.B(1) with the attached Application and proposed Amended
Condominium Map. Upon review and approval by the City, the Applicant will
promptly record the Amended Condominium Map, as required in 26.480.090.B(2).
• Subsection 26.470.040, Exempt Development. This application is exempt from the
City's growth management system because it consists of an expansion of an existing
multi -family residential development.
Thank you in advance for consideration of the Applicant's application for a Minor Condominium
Plat Amendment and Utility Easement Vacation. Please do not hesitate to call me or my associate,
Christina Sloan, at 970.309.2995, with questions.
Sincerely,
E. Michael Hoffman
cc: James Harris
Cooper Avenue Victorian Condominiums Homeowners Association, Inc.
FROM :NEDLIN
• FAX NO. :2127324150 0 Dec. 08 2009 06:42PM P1
COOPER AVENUE VICTORIAN CONDOM gUMS ASSOCIATION, INC.
c/o Frias Properties Of Aspen, LLC
Attn: Paddy Allen, Property Manager
730 East Durant Avenue
Aspen, Colorado 81611
December 8, 2008
Ervin Evans
Planner, Community Development
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Ms. Evans,
On behalf of the Cooper Avenue Victorian Condominiums Association, luc. (the "Association"),
pieasse accept the enclosed Application for a Minor Condominium Plat Amendment and Utility
Easement vacation. Please note that the legal address for the Association is: c/o Frias Properties
Of Aspen, LLC, 730 East Durant Avenue, Aspen, CO 81611, United States. You may contact
me, as President of the Association, with questions at: (970) 544-6713.
The Association's representative in this matter is our attorney, Michael Hof man, Esq., Garfield
& Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at 970.544.3442.
Sincerely,
Joe Medlin
President
; EE VICTORIAN CONDOMT TIUMS ASSOCIATION, INC.
0
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Errin Evans, 429-2745 DATE: 9.04.2008
PROJECT: 1012 E. Cooper Street
REPRESENTATIVE: James Hams and Christine Sloan
Tel: 945.0400 and 309.2995
DESCRIPTION
The Applicant would like to remodel some of the existing condominium units located at 1012 E. Cooper
Street. The applicant is only required to amend the condominium plat if they intend to change ownership of
any of the units. Since the applicant wishes to amend the plat for a vacation of utility easement, it is efficient
to make the condominium amendments at the same time. There is a utility easement on the property that
appears to remain unused for various utilities. The applicant will be required to demonstrate that all the
appropriate utility agencies give permission to the applicant to vacate the easement.
As long as no demolition occurs, the remodeling or expansions of existing multi -family developments are
exempt from Growth Management Mitigation. See Section 26.104.100 for the definition of demolition. Impact
fees may still apply for Building Permits depending on the extent of the remodels.
The property is zoned Residential Multi -Family (R/MF) and according to the information provided by James
Hams, contains approximately 6,621 square feet and 5 residential units. Under the current zone district
requirements, the allowable floor area ratio is 1.25:1 or 8276.25 square feet. If the remodeling affects floor
area, the applicant is not permitted to exceed the maximum floor area allowed. All other Land Use Code
requirements must be adhered to and will be reviewed when the application is submitted.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090.13 Condominium Plat Amendment
26.470.040 Growth Management Quota System — Exempt Development
http://www.aspenpitkin.com/depts/38/citycode.cfm
Review by: - Staff for complete application
- Referral agencies for technical considerations
- Community Development Director for final determination on Amendment
Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are
billed at a rate of $235/hour) plus $212 for Minor Engineering Department referral.
Total Deposit: $947
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership. The contract of Purchase and Sale will be adequate proof of right to apply.
3. Completed Land Use Application Form.
4. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the representative
authorized to act on behalf of the applicant.
0 •
5. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owners right to apply
for the Development Application.
6. An 8112" by 11" vicinity map locating the parcel within the City of Aspen.
7. A site plan of the subject units and the proposed floor plan if it is available. This site plan should
include calculations of floor area of each unit.
8. A written description of the proposal and an explanation in written, graphic, or model form of how
the proposed development complies with the review standards relevant to the development application.
Please include existing conditions as well as proposed. Please provide a written response to all applicable
criteria.
9. An amended paper copy of the proposed plat that should include the information listed for
Condominiumization under Code Section 26.480.090 (B).
10. Additional application material as required for each specific review. (See application packet and
land use code)
11. 2 Copies of the complete application packet and maps.
12. 4 Copies of the paper plat.
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.
Source,Gas
May 29, 2008
Mike Hoffman, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
RE: 1012 Cooper Avenue Plat - Final Plat The Cooper Avenue Victorian Condominiums
located in the Easterly 20 feet of Lot M, Lot N and the Westerly 20 feet of Lot O, Block
34, East Aspen Townsite, Pitkin County, Colorado
Dear Mr. Hoffman:
This letter shall serve as confirmation that we have no natural gas distribution pipelines in the existing
utility easements located on the above -mentioned property, 1012 Cooper Avenue Plat - Final Plat The
Cooper Avenue Victorian Condominiums located in the Easterly 20 feet of Lot M, Lot N and the
Westerly 20 feet of Lot O, Block 34, East Aspen Townsite, Pitkin County, Colorado. Further we have
on objection to the requested easement vacation.
Should you need any further assistance in this matter please contact me in Denver at 303-243-3578.
So as Distri n L
Timo A at
Se ent, Land & Right -of -Way
0 0
@omcast
July 14, 2008
Mike Hoffman, Esq.
Garfield & Hecht, P.C.
601 E. Hyman Ave.
Aspen, Co 81611
RE: Grant to Vacate Easement.
Dear Mr. Hoffman:
Comcast Cable Communications, Inc.
This letter serves as confirmation that no Comcast facilities exist in the 9.0' x 9.0' and
9.0' x 22.0' easement located on the Northwest corner of the Cooper Avenue Victorian
Condominiums. In the event any Comcast facilities are found during excavation
Comcast shall retain full legal rights under the original agreement.
Please contact me with any questions or concerns at 970-205-5432
Si�1GW
Michael Jo son
Sr. Construction Professional
Comcast Corporation
•
--41s
Qwest.
Spirit of Service'"
Office (970) 350-2922 Digital Pager (970) 350-1121 Facsimile (970) 350-2883 12680 Weld County Road 58, Greeley, CO 80634
May 28, 2008
Mike Hoffman, Esq.
Garfield & Hecht, P.C.
601 E. Hyman Ave.
Aspen, CO 81611
RE: Grant to vacate easement.
Dear Mike:
Reference is made for Qwest Corporation (F.K.A. US WEST Communications) to allow for the
vacation of the 9.0' x 9.0' and the 9.0' x 22.0' electric, connumication & utility easements
located at the Northwest comer of the Cooper Aveneue Victorian Condominiums.
Qwest has no conflict with the vacation of the above mentioned easments.
In the event any Qwest facilities is found in that portion of the encroachment or vacation then
Qwest Corporation hereby excludes from this agreement any part, portion or parcel of said right-
of-way which contains any facilities or cable as of the date of the document or as may be found
in the future to have been present on or before the date here on. In the event, Qwest Corporation,
it's successors or agents retain full legal rights as granted in the original agreement.
Additionally, resposibility for determination of said facilities prior to construction or excavation
remains the sole responsibility of the property owner of record or his agenet at that time.
Please feel free to call me if you have any questions.
Sincerely,
Don Somer
R/W Manager
Qwest Corporation
• 0
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE APPLICATION PACKET
Tne Gr) (1T Asm N
........._ ........ _ .
Attached is an Application for review of Development that requires Land Use Review pursuant to
the City of Aspen Land Use Code. Included in this package are the following attachments:
I . Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Land Use Application Form
3. Dimensional Requirements Form
4. Matrix of Land Use Application Requirements/Submittal Requirements Key
General Summary of Your Application Process
Public Hearing Notice Requirements
7. Affidavit of Notice
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal
Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second
floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk,
Municipal Code, and search Title 26.
We strongly encourage all applicants to hold a pre -application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed, submitting one copy of the development application to the Case Planner to
determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
ATTACHMENT 1
CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY
The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structure for
the processing of land use applications. A flat fee or deposit is collected for land use
applications based on the type of application submitted. Referral fees for other City departments
reviewing the application will also be collected when necessary. One check including the
deposit for Planning and referral agency fees must be submitted with each land use application,
made payable to the Aspen/Pitkin Community Development Department. Applications will not
be accepted for processing without the required application fee.
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is
required, as hours are likely to vary substantially from one application to another. Actual staff
time spent will be charged against the deposit. Several different staff members may charge their
time spent on the case in addition to the case planner. Staff time is logged to the case and staff
can provide a summary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Payment of Development
Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The current complete fee schedule for land use applications is listed on the next page.
ASPEN COMMUNITY DEVELOPMENT
2007 LAND USE APPLICATION FEES
CATEGORY HOURS DEPOSIT
FLAT FEE
Major
12
2,820.00
Minor
6
1,410.00
Staff Approvals
3
705.00
Flat Fee
560.00
Board of Adjustment
265.00
Appeals of adverse board and administration
3
705.00
Historic Designation
0•00
Exempt HPC
0•00
Certificate of No Negative Effect
235.00
Minor Development
Certificate of Appropriateness
3
705.00
Significant HPC <1000 sq. ft.
6
1,4100.00
Significant HPC >1000 sq. ft.
12
2,820.00
Demolition, Partial Demolition, Relocation
2,820.00
Insubstantial Amendment to an approved
Certificate of Appropriateness
0.00
Substantial Amendment to an approved
Certificate of Appropriateness
675.00
HPC Appeals
3
705.00
Development Order Recordation Fee
40.00
Land Use Code Interpretations
50.00
Appeals of Land Use Code Interpretations
3
705.00
Referral Fees - Environmental Health
Major
391.00
Referral Fees - Housing
Major
391.00
Minor
204.00
Referral Fees - City Engineer
Major
391.00
Minor
204.00
Hourly Rate 235.00
•
0
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF ASPEN (homing CITY) Ind The Cooper Avenue Victirian Cottdotainlium Association, INC.
(beret m*wr APPLICANT) AGREE AS FOLLOWS:
I . APPLICANT has submitted to fTTY = application for
Minor CondaninUrm 3jac4tt4 nn
(hereinafter. THE PPWECI-
2. APPLICANT understands and agroes that City of Aspon Ordinance No. 57 (Series of 2000)
astablishes a tee strtxtare for Land Use applications and the payment of al! proccssitrg fees is Is canditioa prucadntrt
to a detaminaion of application completems.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed prgect; it
is not possible at this time to ascertain the full cadent of the costs involved in praoessinS the application.
APPLICANT and CITY t6rcttu r agree that it is in the inlcrest of the peMes that APPLICANT males paymatt of an
&&U deposit and to th►emfter permit additional casts to be billed to APPLICANT cc a monft bas4-
APPLICANT agrees addibmW costa may acc= Wow their hearings and/or apptovahs. APPLICANT agraos he
will be benefited by retaining greater cash liquidity and wilt make additional payments upon notification by the
CITY when they are necessary as wets we incuiied. CH Y agrees it will be benefited d r000 the greate cmuh ty
of reoovcring its tall costs to process APPLCCNN S application,
4. CITY and APPLICANT farther agree tW it is impracticable for CITY staff to Mete
processing or present suffieknt infornwtion to the Planning Cammissioa � City it too enable the Planning
Commis6o,s and/or City Council to male legally MgUiltd fmdiaga for prgject vonsidetatioa, unless cuffed billings
arc paid in f WI prim to decision.
S. The tofom APPLICANT agrees thud in cottsiden ion of the CITY's waiver of its right to collect
full fee prior to a deaertnination of application corttpictef1cm, APPLICANT shall pay an initial deposit in the
amount of S which is for hotue of Cormmnnity Deve opmcnt staff dime, atnd if awl
ro=doci casts exceed the initial deposit, APPLICANT shall pay additional mmthly billings to CITY to reimburse
the CITY far the proceaa of the application meationrci abWe:, including post approval View at a rate of $235.00
per planner bout am the initial deposit, Such periodic I,.jymarm shall he nw& within 30 days of the billing dose_
APPLICANT fiuthtr tigress that Where to prry soon ttocrued volts shall be grounds for suspension of processing, and
is no case will building permits be isaaed until all casts associate with cast processing have been paid.
CM OF ASPEN APPLICANT
Br
Chats Besfon
Community DeYdop jet Director
Bin To Mailing Adldreas and Teiep6one Number.
ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Name: The Cooper Avenue Victorian Condominium Association, INC.
Location: 1012 East Cooper Ave. Units 1-5, Cooper Avenue Victorians
(Indicate street address, lot & block number, legal description where appropriate)
Parcel lD#(REQUIRED)273718232017, 2737182018, 2737182019, 2737182020, 273718232802
RFPRF.CF.NTATiVF.:
Name: Garfield & Hecht, P.C.
Address: 601 East Hyman Ave, Aspen CO 81611
Phone #: (970) 925-1936
Pun rG rT•
Name: Minor Condominium Amendment and utility Fac ment Varatinn
Address: 1012 East Cooper Ave, units 1-5, Cooper Avenue Victorians
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA — 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
®
Other: VtilUt� Easement
aca i n
❑
Lot Line Adjustment
�
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.
The Cooper Avenue Victorian Condominiums were built in 1978. In'1999, the First Amen :
to the Declaration was recorded to allow the Owner of Unit 1 to expand her unit(cont)
"ROPOSAL: (description of proposed buildings, uses, modifications etc.
An Amended Condominium Map is now needed to reflect the redesignations of the LCE's an
record the new boundaries of certian expanded units. In addition, the Application see
Have you attached the following? FEES DUE: $
❑ 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 Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
ent
Existing Conditions Continued
Second Amendment to the Declaration was recently executed to redesignate certain
General Common Elements as Limited Common Elements (LCE's). An unused, platted
"electric, communication and utility easement" exists in the NW corner of the property.
Proposal Continued
to vacate the utility easement to allow for future parking and expansion.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Easement Vacation and minor condominium amendment
Applicant: Cooper Avenue Victorians
Location: 1017 East Cooper
Zone District: R/MF .
Lot Size: 6,621 SF
Lot Area: 6,342 SF (279 SF Exempt Easement)
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: N/A Proposed: N/A
Number of residential units: Existing: 5 Proposed.• N/A
Number of bedrooms: Existing: 10 Proposed: N/A
Proposed % of demolition (Historic properties only): N/A
DIMENSIONS: 15t1.5 SF Pemdt #
/U 1U4.2t>(l8.ARGR
Floor Area: Existing:__5 239.95 Allowable: 8,276.25 Proposed: 2242 74 SF Pcrmit #
Principal bldg. height: Existing: 35' Allowable: 32' Proposed: N/A 0115.2008,ARGR
Access. bldg. height: Existing: N/q A11oivable: N/A Proposed: N/A
On -Site parking: Existing: 7 Required: 5 Proposed: N/A
% Site coverage: Existing: N/A Required- N/A Proposed: N/A
% Open Space: Existing: N/A Required: N/A Proposed: N/A
Front Setback: Existing: 10'-6" Required: 5'-0" Proposed: N/A
Rear Setback: Existing: 18'-8" Required: 5'-0" Proposed.• N/A
Combined F/R: Existing: 29'-2" Required: 10'-0" Proposed: N/A
Side Setback: Existing: 7'-3" Required: 5'-0" Proposed: N/A
Side Setback: Existing: 6'-]" Required: 5'-0" Proposed: N/A
Combined Sides: Existing: 13'-4" Rerr-.'red: 10'-0" Proposed., N/A
Distance Between Existing: N/A Required: N/A Proposed: N/A
Buildings
Existing non -conformities or encroachments: Unit #1 stairs encroach west setback 7".
Unit #2 encroaches East setback 2'-9" as a result of property line change with neighbor
Variations requested:
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ATTACHMENT 4-CONT'D- SUBMITTAL KEY
1. Land Use Application with
12. Accurate elevations (in relation to
level) of the lowest floor,
system in the area of the proposed
subdivision. The contents of the plat shall
Applicant's name, address and telephone
number, contained within a letter signed
mean sea
including basement of all new or
ine
ether the ct ro aed rsubdiv d on�Will
P Po
by the applicant stating the name, address,
substantially improved structures; a
and recordation of the actual
meet the design standards pursuant to
and telephone number of the
authorized to act on behalf
verification
elevation in relation to mean sea level to
Land Use Code Section 26.480.060(3).20.
GIS Data.
representative
which any structure is constructed; a
Subdivision
of the applicant
demonstration that all new construction or
21. A landscape plan showing location,
2. The street address and legal
substantial improvements will be
collstructureapser
to prevent flotation,
size,featand type of proposed landscape
description of the parcel on which
development is proposed to occur.
anchored
be
s.
3. A disclosure of ownership of the
constructed or improved; a demonstration
that the structure will have the lowest
22. A subdivision plat which meets the
terms of this chapter, and conforms to the
parcel on which development is proposed
floor, including basement, elevated to at
least two (2) feet above the base flood
requirements of this title indicating that no
to occur, consisting of a current certificate
elevation, all as certified by a registered
furthersubdivision may be granted for
from a title insurance company, or
attorney licensed to practice in the State of
professional engineer or architect.
ese a nor will additional units be built
without receipt of applicable approvals
Colorado, listing the names of all owners
13. A landscape plan that includes
pursuant to this chapter and growth
of the property, and all mortgages,
judgments, liens, easements, contracts and
native vegetative screening of no less than
management allocation pursuant to
Chapter 26.470.
agreements affecting the parcel, and
fifty (50) percent of the development as
from the rear (slope) of the parcel.
demonstrating the owner's right to apply
viewed
All vegetative screening shall be
23 The precise wording of any
for the Development Application.
maintained in perpetuity and shall be
proposed amendment.
4. An 8 1/2" x I I" vicinity map locating
replaced with the same or comparable
24. Site Plan or plans drawn to a scale of
the subject parcel within the City of
material should it die.
one (I") inch equals ten (10') feet or one
Aspen.
14. Site sections drawn by a registered
inch equals twenty 20' feet,
(1 ") q ty' ( )
including before and "after" photographs
5. A site improvement survey including
architect, landscape architect, or
shall be submitted showing all
(simulations) specifying the location of
topography and vegetation showing the
current status of the parcel certified by a
engineer
existing and proposed site elements, the
antennas, support structures, transmission
buildings and/orsort'uses,
d/o otheces,signs
registered land surveyor, licensed in the
top of slope, and pertinent elevations
sea level.
access, lighting,
State of Colorado. (This requirement, or
above
landscaped areas and all adjacent land
any part thereof, may be waived by the
Community Development Department if
15. Proposed elevations of the
uses within one -hundred fifty (150') feet.
Such and drawings should
the project is determined not to warrant a
development, including any rooftop
equipment and how it will be screened.
plans
P
demonstrate compliance with the Review
survey document.)
Standards of this Section.
6. A site plan depicting the proposed
16. Proposed elevations of the
development, including any rooftop
25. FAA and FCC Coordination.
layout and the project's physical
it's
equipment and how it will be screened.
Staregulations of
f egAvaring a
relationship to the land and
thetemenFederalia ion Administration
surroundings.
17. A sketch plan of the site showing
(FAA) and the Federal Communications
7. A written description of the existing and proposed features which are
Commission (FCC).
proposal and a written explanation of
relevant to the review.
26. Structural Integrity Report from a
how a proposed development complies
with the review standards relevant to the One (1) inch equals four hundred
professional engineer licensed in the
P g
State Colorado.
development application.
(4 00) feet scale city map showing the of
location of the proposed subdivision, all
8. Plan with Existing and proposed adjacent lands owned by or under option
locate on an Evidence7. sung wirelet an ss as made to
grades at two -foot contours, with five-foot to the applicant, commonly known
landmarks, and the zone district in which telecommunication services facility
intervals for grades over ten (10) percent.
the proposed subdivision and adjacent site including coverage/ interference
9. Proposed elevations of the development
properties are located.
analysis and capacity analysis and a
brief statement as to other reasons for
10. A description of proposed
19. A plat which reflects the layout of
success or no success.
construction techniques to be used.
the lots, blocks and structures in the
proposed subdivision. The plat shall
28 Neighborhood block plan at
g
11. A Plan with the 100-year floodplain
be drawn at a scale of one (1) equals one 1"=50' (available from City Engineering
hundred (100) feet or larger. Architectural Department) Graphically show the front
line and the high water line.
are not acceptable. Sheet size shall portions of all existing buildings on both
scales
be twenty-four (24) inches by thirty-six sides of the block and their setback from
in feet. Identify parking and
(36) inches. If it is necessary to place the the street
more than a one (1) sheet, an index front entry for each building and locate
plat on
shall be included on the first sheet.
A any accessory dwelling units along the
vicinity map shall also appear on the first
alley. (Continued on next page.)
sheet showing the subdivision as it relates
to the rest of the city and the street
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Indicate whether any portions of the
houses immediately adjacent to the
subject parcel are one story (only one
living level).
29. Roof Plan.
30. Photographic panorama. Show
elevations of all buildings on both sides of
the block, including present condition of
the subject property. Label photos and
mount on a presentation board
31. A condominium subdivision
exemption plat drawn with permanent ink
on reproducible mylar. Sheet size shall be
twenty-four (24) inches by thirty-six (36)
inches with an unencumbered margin of one
and one-half(I 1/2) inches on the left hand
side of the sheet and a one-half (1 /2) inch
margin around the other three (3) sides of
the sheet pursuant to Land Use Code
Section 26.480.090.
32. A description and site plan of the
proposed development including a
statement of the objectives to be achieved
by the PUD and a description of the
proposed land uses, densities, natural
features, traffic and pedestrian circulation,
off-street parking, open space areas,
infrastructure improvements, and site
drainage.
33. An architectural character plan
generally indicating the use, massing,
scale, and orientation ofthe proposed
buildings.
35. Exterior Lighting Plan. Show the
location, height, type and luminous
intensity of each above grade fixture.
Estimate the site illumination as measured
in foot candles and include minimum,
maximum, and average illumination.
Additionally, provide comparable
examples already in the community that
demonstrate technique, specification, and/
or light level if they exist.
34. A written description of the variance
being requested.
ATTACHMENT 5
DEVELOPMENT REVIEW PROCEDURE
1. Attend pre -application conference. During this one-on-one meeting, staff will
determine the review process which applies to your development proposal and will identify
the materials necessary to review your application.
2. Submit Development Application. Based on your pre -application meeting, you
should respond to the application package and submit the requested number of copies of the
complete application and the appropriate processing fee to the Community Development
Department.
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application, and will notify you in writing whether the
application is complete or if additional materials are required. Please be aware that the
purpose of the completeness review is to determine whether or not the information you have
submitted is adequate to review the request, and not whether the information is sufficient to
obtain approval.
4. Staff Review of Development Application. Once your application is determined to
be complete, it will be reviewed by the staff for compliance with the applicable standards of
the Code. During the staff review stage, the application will be referred to other agencies
for comments. The Planner assigned to your case or the agency may contact you if
additional information is needed or if problems are identified. A memo will be written by
the staff member for signature by the Community Development Director. The memo will
explain whether your application complies with the Code and will list any conditions which
should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document,
such as a plat, agreement or deed restriction, will require the applicant to prepare an
amended version of that document for review and approval by staff. Staff will provide
the applicant with the applicable contents for the revised plat, while the City Attorney is
normally in charge of the form for recorded agreements and deed restrictions. We
suggest that you not go to the trouble or expense of preparing these documents until the
staff has determined that your application is eligible for the requested amendment or
exemption.
5. Board Review of Application. If a public hearing is required for the land use action
that you are requesting, then the Planning Staff will schedule a hearing date for the
application upon determination that the Application is complete. The hearing(s) will be
scheduled before the appropriate reviewing board(s). The Applicant will be required to
mail notice (one copy provided by the Community Development Department) to property
owners within 300 feet of the subject property and post notice (sign available at the
Community Development Department) of the public hearing on the site at least fifteen
(15) days prior to the hearing date (please see Attachment 6 for instructions). The
Planning Staff will publish notice of the hearing in the paper for land use requests that
require publication.
The Planning Staff will then formulate a recommendation on the land use request and
draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of
the Planning Staff s memo approximately 5 days prior to the hearing. The public
hearing(s) will take place before the appropriate review boards. Public Hearings include
a presentation by the Planning Staff, a presentation by the Applicant (optional),
consideration of public comment, and the reviewing board's questions and decision.
6. Issuance of Development Order. If the land use review is approved, then the
Planning Staff will issue a Development Order which allows the Applicant to proceed into
Building Permit Application.
7. Receipt of Building Permit. Once you have received a copy of the signed staff
approval, you may proceed to building permit review. During this time, your project will be
examined for its compliance with the Uniform Building Code. It will also be checked for
compliance with applicable provisions of the Land Use Regulations which were not
reviewed in detail during the one step review (this might include a check of floor area ratios,
setbacks, parking, open space and the like). Fees for water, sewer, parks and employee
housing will be collected if due. Any document required to be recorded, such as a plat, deed
restriction or agreement, will need to be reviewed and recorded before a Building Permit is
submitted.
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ATTACHMENT 6
PUBLIC HEARING NOTICING REQUIREMENTS
Three forms of notice are required by the Aspen Land Use Regulations: publication in the
newspaper, posting of the property, and mailing to surrounding landowners.
Following is a summary of the notice requirements, including identification of who is
responsible for completing the notice.
1. Publication - Publication of notice in a paper of general circulation in the City of
Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be
written by the Community Development Department and we will place the notice in the
paper within the appropriate deadline.
2. Posting - Posting of a sign in a conspicuous place on the property is to be done
fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of
the sign from the Community Development Department, to fill it in correctly and to bring
proof to the hearing that posting took place (use attached affidavit).
3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet
of the subject development parcel by the applicant. It is the applicant's responsibility to
obtain a copy of the notice from the Community Development Department, to mail it
according to the following standards, and to bring proof to the hearing that the mailing took
place (use attached affidavit).
Notice to mineral Estate Owner. An Applicant for surface Development shall notify
affected mineral estate owners by at least thirty (30) days prior to the date scheduled for
the initial public hearing on the application for development. The applicant shall certify
that the notice has been provided to the mineral estate owners.
The names and addresses of property owners shall be those on the current tax records of
Pitkin County as they appeared no more than sixty (60) days prior to the date of public
hearing.
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: , 200_
STATE OF COLORADO )
ss.
County of Pitkin )
1, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
E
F,I
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this _ day
of , 200_, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION
FOR THE COOPER AVENUE VICTORIAN CONDOMINIUMS
This Second Amendment to the Condominium Declaration for the Cooper Avenue
Victorian Condominiums ("Second Amendment") is hereby adopted on this day of
2008, by the undersigned Owners and Mortgagees, for the purposes recited herein.
RECITALS
A. The Final Plat for, and the Condominium Map of, the Cooper Avenue Victorian
Condominiums were recorded in the real property records of Pitkin County on March 3,
1978 in Plat Book 6, Page 87 at Reception No. 202284 and Plat Book 6, Page 88 at
Reception No. 202285, respectively; and
B. The Condominium Declaration for the Cooper Avenue Victorian Condominiums (the
"Original Declaration") was recorded on March 3, 1978 in the real property records of
Pitkin County at Reception No. 202283; and
C. The First Amendment to the Original Declaration ("First Amendment") was recorded on
November 5, 1999 in the real property records of Pitkin County at Reception No. 437410
(hereinafter, the Final Plat, Condominium Map, Original Declaration, and First
Amendment shall be referred to as the "Governing Documents"); and
D. The Governing Documents contain certain limitations and designations of General
Common Elements that should be amended to more properly reflect. use and control; and
E. The Governing Documents contain an unused "electric, communication, and utility
easement" in the NW corner of the Property that limits future parking and expansion of
Unit 1; and
F. All of the Owners and the Mortgagees recognize that re -designation of certain General
Common Elements as Limited Common Elements and the vacation of the "electric,
communication, and utility easement" increases the value of each of the Units and
promotes harmony among the Owners; and
G. Simultaneously herewith, the Owners shall cause to be recorded a First Amended
Condominium Map ("Amended Map") for the Cooper Avenue Victorian Condominiums
on , 2008, which shall memorialize the redesignation of certain Limited
Common Elements, as described herein, as well as reflect recent or proposed expansions
to Units 1, 4, and 5 and vacated an unused "electric, communication, and utility
easement" in the NW corner of the Property.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the undersigned Owners and Mortgagees do hereby declare and
acknowledge that the Governing Documents shall be revised, amended, and modified as follows:
1. Second Amendment Controls. The provisions of this Second Amendment shall
supersede and take precedence over any part, or parts, of the Governing Documents which are in
conflict with the terms found herein.
2. Defined Terms. Any terms found in this Second Amendment, but which are not
defined herein, shall have the definition found in the Governing Documents.
3. Recitals Correct. All of the statements of fact set forth above as the Recitals are true
and correct.
4. Incorporation of Amended Map. The Final Plat and Condominium Map are hereby
fully replaced and superseded by the Amended Map, a copy of which is attached hereto as
Exhibit A, which memorializes the redesignation of certain Limited Common Elements, as
described herein; reflects recent or proposed expansions to Units 1, 4, and 5; and vacates an
unused "electric, communication, and utility easement" in the NW corner of the Property. The
Final Plat and Condominium Map shall be of no further force and effect.
5. Addition of Subsections 4(a), (b), and (c). Section 4 of the Original Declaration,
Limited Common Elements, is hereby revised to include the following additional Subsections:
4(a). Patios. Specifically, all outdoor patios, decks, and porches
associated with or appurtenant to an individual Unit shall be a Limited
Common Element to be exclusively used by the Owner of the Unit to
which it is assigned on the First Amended Condominium Map, to be
recorded in the real property records of Pitkin County simultaneously
herewith.
4(b). Elevator. Similarly, the elevator shall be a Limited Common
Element to be exclusively used by the Owner(s) of Units 4 and 5, as
shown on the First Amended Condominium Map, to be recorded in the
real property records of Pitkin County simultaneously herewith.
4(c). Stairways. Stairways or walkways which serve fewer than all of the
units shall be Limited Common Elements to be exclusively used by the
Owners of the Units to which it is assigned on the First Amended
Condominium Map, to be recorded in the real property records of Pitkin
County simultaneously herewith. Specifically, the two-story stairway
located on the North end of the Building shall be a Limited Common
Element to be exclusively used by the Owner(s) of Units 4 and 5, as
shown on the First Amended Condominium Map, to be recorded in the
real property records of Pitkin County simultaneously herewith.
6. No Other Modifications. Except as modified herein, the Governing
Documents remain in full force and effect.
Second Amended Declaration
Cooper Avenue Victorian Condominiums
Page 2 of 5
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7. Counteryarts. This Second Amendment may be executed in counterparts,
and by facsimile signature, each of which shall be deemed an original but all of which
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the undersigned Owners and Mortgagees hereby approve
and adopt the foregoing Second Amendment to the Condominium Declaration for the Cooper
Avenue Victorian Condominiums.
OWNER, Units 1, 4 and 5:
Joseph J. Nedlin
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Acknowledged before me this
Owners of Units 1, 4 and 5.
Witness my hand and official seal.
OWNERS, Unit 2:
Marny B. Nedlin
day of 2008 by Joseph and Marny Nedlin,
Notary Public
My commission expires:
Bukk G. Carleton, III Bukk G. Carleton, III, Trustee,
The Irrevocable Trust under Agreement dated
December 19, 1986, Elizabeth Carleton Righter,
Settlor
STATE OF )
) ss.
COUNTY OF )
Second Amended Declaration
Cooper Avenue Victorian Condominiums
Page 3 of 5
•
Acknowledged before me this day of 2008 by Bukk G. Carleton, III,
individually, and as Trustee for the Irrevocable Trust under Agreement dated December 19,
1986, Elizabeth Carleton Righter, Settlor, Owners of Unit 2.
Witness my hand and official seal.
My commission expires:
OWNERS, Unit 3:
Robert Koffron
STATE OF )
ss.
COUNTY OF )
Acknowledged before me this
Koffron, Owners of Unit 3.
Witness my hand and official seal.
Notary Public
Paulette Koffron
day of 2008 by Robert and Paulette
Notary Public
My commission expires:
Second Amended Declaration
Cooper Avenue Victorian Condominiums
Page 4 of 5
CONSENT OF MORTGAGEES
The undersigned, constituting all of the Mortgagees of the Cooper Avenue Victorian
Condominiums, do hereby consent to, and approve the foregoing Second Amendment to the
Condominium Declaration and the First Amended Condominium Map, to be recorded in the real
property records of Pitkin County simultaneously herewith.
MORTGAGEE, UNIT 1
WELLS FARGO BANK
By:
Title:
STATE OF MARYLAND )
ss.
COUNTY OF )
Acknowledged before me this day of 2008 by , as
, of Wells Fargo Bank.
Witness my hand and official seal.
Notary Public
My commission expires:
MORTGAGEE, UNIT 2
LEDYARD NATIONAL BANK
By:
Title:
STATE OF NEW HAMPSHIRE )
ss.
COUNTY OF )
Acknowledged before me this day of 2008 by , as
, of Ledyard National Bank.
Witness my hand and official seal.
Notary Public
Second Amended Declaration
Cooper Avenue Victorian Condominiums
Page 5 of 5
0 •
My commission expires:
Second Amended Declaration
Cooper Avenue Victorian Condominiums
Page 6 of 5
FIRST MORTGAGEE, UNIT 3
WELLS FARGO HOME MORTGAGE,
INC.
By:
Title:
STATE OF MICHIGAN )
ss.
COUNTY OF )
Acknowledged before me this day of 2008 by , as
, of Wells Fargo Home Mortgage, Inc.
Witness my hand and official seal.
Notary Public
My commission expires:
SECOND MORTGAGEE, UNIT 3
CITIBANK, FEDERAL SAVINGS BANK
By:
Title:
STATE OF VIRGINIA )
ss.
COUNTY OF )
Acknowledged before me this day of 2008 by as
, of Citibank, Federal Savings Bank.
Witness my hand and official seal.
Notary Public
My commission expires:
After recording, return to:
Michael Hoffman, Esq.
Garfield & Hecht, P.C.
601 E. Hyman Avenue
Aspen, CO 81611
Second Amended Declaration
Cooper Avenue Victorian Condominiums
Page 7 of 5
0."" .
Stewart Title of Colorado, Inc.
Aspen Division
S�o c '
ewart V P
620 East Hopkins Avenue
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~title of colorado
Aspen, Colorado 81611
Phone: 970-925-3577
Fax:970-925-1384
Date: April 25, 2008
Order Number: 12786
Buyer: Marny B. Nedlin and Joseph J. Nedlin
Seller:
Property Address: 1012 East Cooper Avenue, Aspen, CO 81611
Tax Schedule Number: R008727-273718232019
Please direct all Escrow inquiries to:
LISTING BROKER:
Michael Hoffman
Attn: Christina Sloan , Esq.
cell 970-309-2995
wk: 970-925-1936
106 South Mill Street
Suite 202
Aspen, Colorado 81611
Phone: (970) 544-3442 Fax: (970) 920-1019
SELLING BROKER:
Please direct all Title inquiries to:
Linda Williams
97 Main Street, Suite W201
Edwards, Colorado 81632
Phone: 970-766-0234 Fax: 970-926-0235
Email Address: lwilliam3@stewart.com
BUYER/BORROWER:
Marny B. Nedlin
Joseph J. Nedlin
1012 E. Cooper Avenue
#1
Aspen, Colorado 81611
We Appreciate Your Business And Look forward to Serving You in the Future.
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
Ej�stewart
title guaranty company
Stewart Title Guaranty 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 charges 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.
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:
A orized Countersipwe
Stewart Title of Colorado, Inc.
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970-925-3577
Fax: 970-925-1384
Order Number: 12786
stewart
title guaranty company
r Senior Chairman of t e Board
Chairman of the Board
t,ZX
ALTA Commitment (6/17/06)
Account name:
Applicant:
Type:
Permit Number
0061.2008.ASLU
0 CITY OF ASPEN •
Permit Receipt
RECEIPT NUMBER 00024917
28484
NEDLIN MARNY B
check #1401
Fee Description
Aspen Land Use App Fees
Date: 12/9/2008
Amount
947.00
Total: 947.00
RECEIVED
DEC 0 0 2008
CITY OF ASPEN
OMMUNITY UVELOPMENI
COOPER AVE. VICORIA
CONDOMINIUM ASSOCIATION
OPERATING ESCRO
CHUCK FRIAS, BROKER
730 EAST DURANT
ASPEN, CO 81611
WELLS FARGO BANK WEST, N.A.
ASPEN
ASPEN, CO 81611
23-7-1020
9/15/2008
1401
City Of Aspen **947.00
DATE AMOUNT
Nine Hundred Forty -Seven and
PAY
TO THE City Of Aspen
ORDER OF 130 South Galena
Aspen, CO 81611
Deposit Re: CAV Planning Fee (--�-':4
11100 140 1110 1: 10 20000 7 61:08 6 7 IS 4 2 7011'
AMENDED CONDOMINIUM PLAT OF
I'•10'
0 0 30
VICINITY MAP
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LEGEND AND NOTES
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DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) M
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P. E.M. A., FOR PITRIM COIRT' COLgAm CORUNITY-
NEL HQABEN oBowm2q C, �A-ECTIVE dX J,.Z a
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CITY 6 ASPEN NDFLq -- MFA AS DEFINED BY THECITY w ASPENHMTEB —HAVE PLAN, PRO.KT Nl1•ER
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T lH[ ]E COOPER
LEGAL OE1a1—ON
COOPER AVEIE VICTONIAN CONOONIMIQq,
ACCORDING TO THE C�Da11 N1- NM THEMES IEml10ED RANCH S
ID)t IN PLAT ROR 6 AT PACE Bi M RECEPTION N. M22", Alp AB
Off INED AND ES VED THE COVODP IQI WC.A11ATION
RECORDED MAgI S B)I IM BOON ]M AT PAOE 15a M RECEPTION MD.
2022. AND AE.W. Mp. TMERETO REWRDEDNDY@QER 5, I— AS
NO. Q)a10.
LESS AND EXCEPTING THEREFROM ALL THAT PORTION K THE DaMON
AVE CONVEYED BY THE FOLLONIMO Offp] REtpl°®: ,NLY 5 20p6 AS
RECEPTION MD 526001: RELOADED —1 5 ]Om M ECHTI6. H0. 5261m
RECORDED BECEI•ES 6, 2005 M RECEPT IN NO. 514212.
CITY OF MPEN
COUNTY OF OLOR N
STATE OFCOLQIIDd.
COXTAI NINE: 6,621 N. Ft. •/- 10.152 ACEt1
• SPIEE )BS).2
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AVENUE V I CTOR I AN CONDOMINIUMS
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COOPER
RECORD UE
OWNER'S CERTIFICATE
DNB ALL PERSONS By TEE "EVENTS MAIINY B. NEDLIN, JOESM J, NEDLIN AND , BE IMO
THE BE OND ORERE W CERTAIN LAND 1. 1.— CONTY, COLgAm, A8 DESCRIBED M:
OOOPES AVEIIE V.aOAIM COMDONINIUR,
/iC .. TO THE CONDq IN1ON NAP NEBW RECQIGED MARCH S, B)B PLAT
BOOK S AT PAVE 86 AS RECEPTION W. 2022n ARM DEFINED AND DESCRIBED IN THE—INIIM DEGANAT ION EmNDEO PARU1 3 (.1BOON SM AT PAGE S
RECEPTION Sa A8
ECHT WM.0»a1)A,D AIfRNEM TNEIIETO RECORDED MDVE6ER 5, 1911
LESS AND EXCEPTING TIE ALL THAT MOTION OF TCOISDN MEA
ON CVEYED THEQI BY TFONHD OEEDS ELORDED: MY 5 }OpS ASRECEPTION NO.
,3—: RECORDED N 5, 2006 AS REIHTION W. 5h. DO: EmROED ECENER B, 2005
AB RECEPTION N0. 51121 }.
CITY E MPEN
COI OF PIWIM
STATE OF CKORApd.
CTNTAI NIW: 6,621 ft.FT. •/- (0. 152 ACRES)
DO EREBY CERTIFY THAT THIS PUT HAS BEEN PREPARED PURSUANT TO THE HIRMES STATED IN THE
Alf TOED DECLAMTION FN COOPER MEWS VICTONIAN CONE-1111-1 RECOMED THE _DAY 6
2001 M RECEPTION NIIQEI IN IE IlEmllpf OF TE LLERR AND IEmRER OF
TE COMTY ON PIT[IN, STATE aF CmDOADO.
eY:
NANNY e. IEDL IN, amwel
BY:
JOSEMI J. NE0.1N, OBNER
STATE 6 COLORADO 1
C6NTY OF PITRIM I
THE FOEODING IRTRUIEIO US ACItxORCIV=^ REPOE E THIS _ DAY OF }m1, BY HARM' B
NEDIIN, OB1ER.
NOTARY UW IC
STATE OF COLN"' 1
COURV OF PITRIM I
THE FOE6DIN6 IRTRUfM Rf A[OINREDED EFDE E THIS _ DAY 6 10.4, BY JOSEIH J.
NEOLIN, OVER.
W IC
STATE 6 CKOMADO 1
1 11
COIMIY' OF PITRIM 1
THE FOE601 M6 INSTRUEMI W ACXMORLEDED EEFOE E THIi _ MY' OF 2-1 BY
, ORER.
W ARY IIK IC
SURVEYORS' CERTIFICATE
I .MOM M. HmORTH ERM CERTIFY THAT A NMIVEY US PERFORMED p 1106 1NY 2005 IRDER IIY
DIRECTION AMD WPENVIEION OF TE NEEON EtQIBED PROPERTY. TE WILCU BNoq NE#EON EE
FaND TO LOCATED TERE", M SIIGN THIS COMIOI INTEEST COINMITY No. THE LOCATION AND
DI NEMBIgf 6 TE ONITE AE ACCIRATFLY DNOq ON THIS IUP AND TE MP ACQINATSLY AND
EUBETANT I ALLY 1' ON TE OUTION AID DIENSION3 OF WILDINGS AND MITE TEREOF. ALL SUNVEY
RELATED EASENiRf ON THE PILIOPERTY A6 LISTED SIT TITLE OF COLOR—, MC CONMINEN —
TITLE INSUNNCF, DROER ND. 12116, DATED: APBIL 2, ]001, ME E1DM HEREON. tIpZEY PRL{IEION GREATER
TINN I: IOI000.
III QIED: DATED:
JQQ MOBORTI, .P. L.E. 251N
TITLE CERTIFICATE
THE U DERS I QEED A DIRY AIRNO412W REPESENTATIVE OF STEBMT TILE OF COLOAADO INC. REGULARLY
... WBIEaf IM PITN IM COLRRY, COLgAm DDEE EERY CERTIFY TNAT TE —6 M LIST® ON THIS
PUT DES NINX FEE EIN'lE TITLE TO THE BI+HIH REAL PROPERTY, FREE AHD CLEAB OF ALL LIEW AMD
ENLIBItM11Q6 EXCEPT THpE LISTED ON THE DINERS LENT IFIGTE. ALTHNNIN E MLIEYE THE FACTS
STATED ON THIS PUT MF TRUE THIS �RTIFIUTE 15 MOT i0 RE CONSTR11F0 AS AN MSTMC! OF TITLE Nq
gINION 6 TITLE NON A GUARANTEE OF TITLE AMD IT IS lapERSTOm AID AOREFS THAT STENMT LITLE OF
�ONAm INC. EI TIER ASSlIES NON RILL E EHAREED V:$N ANY FINANCIAL Ci IGT10N OR LI/JIILI TY
TBOEVEA ON AIV STARE —A.— EE IN .
'IT TITLE OF COL1, INC. - MPEI DIVISION
630 E. MOPN HMS Ll11HT
RIPEN, mLORADE BIG''
31 WED.
STATE 6 CCLORAm I
COUNTY OF PITRIN I II
THE FNEf01NB TITLE CERTIFICATE BM ACNMOIEFD® BEFONE E NIS _ DAY K TOW, BY
AS nc BIT TITLE OF mLalADO, INC.
VOTARY PR -IC
CITY OF ASPEN ENGINEER 5 APPROVAL
THIS PLAT BAt APPROVED BY THE CITY ENOINffR OF THE CITY ai ASPEN, CD.O "Dc. s1ONED THIS DAY OF
ION.
CI Y ENDIIEER
COMMUNITY DEVELOPMENT APPROVAL
TNIf PUT BM APPROVED BY THE COMINIr DEVELOPMENT OIRECTQI W THE CITY OF ASPEN, COLORADO)
SiTH15 _ M OF , 2DO4.
CONRNI .`EL .,m—
CLERK AND RECORDERS ACCEPTANCE
TNIS PUT WAS ACCEPTED F FILING THE OFFICE ON THE CLERK AND RECORDER THE TCDAVTY OF III.
STATE AT
AT ECE,T QNOCR "N. THIS _ DAY K , 200E, AND RHSROED ALAT BOON
AR NE_—
INDEX
fIRET I: SITE PLAN, PLAT LANQE IA
3EET 2: PLAN AND ELEVATION VIER MEMED BY
ASPEN SURVEY ENGINEERS, INC.
210 SONRH GALENA STREET
As—, m wA00 BI61I
PHONE/FAX I9101 B25- 1116
SHEET 1 OF 2 °A/; 72SE
0 ID 20
31ii3L.C.E.
MA f,
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FIRST FLOOR SECOND FLOOR THIRD FLOOR
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SOUTH ELEVATION
ASPEN SURVEY ENGINEERS, INC.
210
SHEET 2 OF 2 DATE OG
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 are 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.
5. 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<
htty: //www. alta. orQ/>.
stewart
title guaranty company
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
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 are either: (a) available for
immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or
(b) are 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 loan, 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
charges 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.
Stewart Title Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on applications or other forms.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and
insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
0 0
Stewart Title of Colorado, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through
its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title of Colorado, Inc.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as on applications or other forms.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
Financial service providers such as companies engaged in banking, consumer finance, securities and
insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
9
DISCLOSURES
Order Number: 12786
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;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is
responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's 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 a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled
mechanic's and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded lines will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
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 WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order Number: 12786
Disclosures
•
13. Any possessory rights or other claims as to the westerly 7 inches of the subject property pursuant to
the Deed recorded September 10, 1959 in Book 188 at Page 510 as Reception No. 108585.
14. Terms, conditions, obligations and restrictions as set forth in the Subdivision Improvement
Agreement for Cooper Avenue Victorian Condominium recorded March 3 1978 in Book 344 at
Page 351 as Reception No. 202282.
15. Condominium Declaration for Cooper Avenue Victorian Condominiums recorded March 3, 1978
in Book 344 at Page 354 as Reception No. 202283 and Amendment No. 1 thereto recorded
November 5, 1999 as Reception No. 437410.
16. All matters as shown on the Condominium Map thereof recorded March 3, 1978 in Plat Book 6 at
Page 88 as Reception No. 202285
17. A Deed of Trust dated December 15, 2006, executed by Joseph J. Nedlin and Marny B. Nedlin, to
the Public Trustee, to secure an indebtedness of $400,000.00 in favor of Wells Fargo Bank, N.A.
recorded December 20, 2006 as Reception No. 532515 encumbers Unit 1 only
Order No.: 12786Stewart
ALTA Commitment (6/17/06) Schedule B 2 �
Page 2 of 2-title guaranty company
•
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 12786
The policy or policies to be insured 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 area.
10. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the
City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No.
60156.
11. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded October 21, 1955 in Book 180 at Page 454.
12. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded August 29, 1958 in Book 185 at Page 69.
Order No.: 12786 stewart
ALTA Commitment (6/17/06) Schedule B 2
Page 1 of 2 title guaranty company
•
•
3
NONE: THIS COMMITMENT IS DONE FOR INFORMATIONAL PURPOSES ONLY, IT IS
UNDERSTOOD THAT NO POLICIES WILL BE ISSUED.
Order Number: 12786
ALTA Commitment (6/17/06) Schedule B l
Page 2 of 2
stewart
-title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 12786
The following are the requirements to be complied with:
1. 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.
Order Number: 12786 stewart
ALTA Commitment (6/17/06) Schedule B I
Page 1 of 2 -title guaranty company
E
•
EXHIBIT "A"
Condominium Unit 1,
COOPER AVENUE VICTORIAN CONDOMINIUMS,
according to the Condominium Map thereof recorded March 3, 1978 in Plat Book 6 at Page 88 as
Reception No. 202285, and as defined and described in the Condominium Declaration recorded
March 3, 1978 in Book 344 at Page 354 as Reception No. 202283 and Amendment No. 1 thereto
recorded November 5, 1999 as Reception No. 437410
LESS AND EXCEPTING THEREFROM All that portion of the Common Area conveyed by the
following Deeds recorded: July 5, 2006 as Reception No. 526098; recorded July 5, 2006 as
Reception No. 526100; recorded December 8, 2005 as Reception No. 518212
COUNTY OF PITKIN, STATE OF COLORADO
Order Number: 12786 �stewart
ALTA Commitment (6/17/06) - Schedule A title guaranty company
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: April 2, 2008 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: 12786
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 Fee Simple estate or interest in said land is at the effective date hereof vested in:
MARNY B. NEDLIN and JOSEPH J. NEDLIN
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Purported Address:
1012 East Cooper Avenue
Aspen, Colorado 81611
STATEMENT OF CHARGES
These charges are due and payable
before a Policy can be issued:
Title Search Fee: $150.00
Order Number: 12786 stewart
ALTA Commitment (6/17/06) — Schedule A �. title guaranty company
Page 1 of 2