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HomeMy WebLinkAboutLanduse Case.CO.936 E Hopkins Ave.A58-972737-182-01-002 A58-97 Rapids Condominiumization Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: o 0 00113-63850-041 Deposit-_ -63860-043 HPC _ -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MRO 1 I Use Tax _ 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial _ 15000-63065482 AH Residential County Land Use Application Fees: 00113-6380 O33 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 001 15-63)340-163 City Engineer 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk,.- 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other ---- --- ----- Total X0 0 Name: S.f1 Date: _Check: y� Address: Project: Case No: Phone: No. of Copies �� • PARCEL ID #: 2737 182 01 002 DATE RCVD: 8/1/97 STA CASE NAMI miniumization PROJ ADD 936 East Hopkins AVe. Condominiumiza REPEIGary A Wright REFERRALS.. ielo ment 201 North Mill STreet, IC/S/Z' As en 81611 201 N Mill St. Suite 10 C/S2 Aspen 81611 3 DUE:!2454110 345 FEES RCVD,245+110-345 REF, B TG DATE REV BODY (''P'H'� NOTICED 1 925-5625 • October 21, 1997 Mr. Gary Wright Stuart Development 201 North Mill Street, Suite 106 Aspen, CO 81611 THE CITY OF ASPEN Subject: The Rapids Condominium Plat Amendment and Sanitary Sewer Easement Dear Mr. Wright: In reviewing the condominium plat for The Rapids, I noticed that there is no information on the plat regarding the sanitary sewer easement which has been reported to exist across the subject property and generally lying between the two sewer manholes to either side of the property. The two (2) attached sheets provided by the Aspen Consolidated Sanitary District provide recording citations and a map of the District's sewer mains and the easements. Please have your surveyor review these citations to verify the existence of the easement and then add the easement location and dimensions plus the recording information for the easement to the plats before returning them to our office. The two (2) mylar copies (two sheets each) of the plat are enclosed with this letter for corrections. If by chance none of the listed documents provide an easement for the sanitary sewer, please contact Tom Bracewell, ACSD, to verify the particulars for formulating a dedicated easement to replace the prescriptive easement for the existing sewer mains. I understand that the title report for this property did not include any citations for the sanitary sewer, however the Sanitation District has requested, and the City concurs, that the plat not be recorded until either the (existing) easement information is included on the plat or a new easement is formalized. Please copy myself and Chris Bendon with any correspondence concerning the dedication of any newly described easements. In the event that the plat needs to be re -drawn to include the above information, please correct the square footage area of the vacated alley parcel to reflect the full alley width and also correct the value of the total acreage for the three combined parcels to 0.187 Ac Please contact me at 920-5087 if you have any questions. Truly Yours, Ross C. Soderstrom Project Engineer Attachments Enclosures cc: Tom Bracewell, Superintendent, ACSD Nick Adeh, City Engineer c,4Ehris Bendon, Project Planner Sidney Lincicome, PLS, Lines in Space ss� ham+ 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611 - PHONE 970.920.5000 - FAx 970.920.5197 L2597.DOC Printed on Recycled paper SENT BY:Xerox Telecopier 7020 ;10-14-97 ; 14:59 • A. C. S. D. ASPEN CONSOLIDATED SANITATION DISTRICT 565 NORTH KILL STREET ASPmN, CO 81611 FAX COVER SHEET TELE. (970) 925-3601 FAX (970) 925-2537 Please deliver the following page(s) to: Name; 005S SoD g,�' �TrZ�wL Fax Number: - From : —TE wL :Z:2 A C c W i i- L-- Date Transmitted %a 1 Y 5 ? Time: 3; -ez You should should receive a pages of copy including this cover sheet. If you -do not receive the correct number of pages please let us know. Thank you. Sit Ll B 3 ✓ GAL ✓ 2--d Z � 4� i S. 0. S2 \ IN 180 C)c Eli � Julie Ann Woods,12:22 PM W10/97, Easeemnt at The Rapids Toflftom X-Sender: juliew@comdev Date: Tue,14 Oct 199712:22:26 -0600 To: chrisb@ci.aspen.co.us From: Julie Ann Woods <juliew@ci.aspen.co.us> Subject: Easeemnt at The Rapids Townhome Condo Chris -- FYI. JA. >X-Sender: ross@comdev >Date: Mon,13 Oct 1997 21:27:35 -0600 >To: acsdoffc@rof.net >From: Ross Soderstrom <ross@ci.aspen.co.us> >Subject: Easeemnt at The Rapids Townhome Condo >Cc: nicka@ci.aspen.co.us, juliew@ci.aspen.co.us >Tom: >We have a condo plat for the Rapids Townhome Condos which is about ready for >recording. I asked the surveyor to verify if there were an existing >easement for the sanitary sewer, he said there was not. This is located at >about 960 E. Hopkins, a new duplex condominium, with the entries several >feet below street level. >In the city resolution, a portion of the alley north of lot R, Block 26, for >the full width of the alley was vacated without reservations for utilities. >The property owner appears to already hold title of the property north of >Lot Q, both the full alley width and Lot G. >Before this plat is recorded do you need to secure an easement for the >sanitary sewer main? If appears that the sewer crosses from the former >alley R-O-W to Lot F, north of the alley, all in Block 26. The plat is on >my drawing table in my office if you wish to review it. >Pls tell me whether you need to secure an easement for this property before >the plat is recorded. >Also transmitted by FAX 10 >Ross S. > > 110 a� � > N� Printed for Christopher Bendon <chrisb@ci.aspen.co.us> 1 Julie Ann Woods, 08:21 AMI10/97, The Rapids Condo Plat MW X-Sender: juliew@comdev Date: Wed,15 Oct 1997 08:21:46 -0600 To: chrisb@ci.aspen.co.us From: Julie Ann Woods <juliew@ci.aspen.co.us> Subject: The Rapids Condo Plat >Chris -- FYI. JA. X-Sender: ross@comdev >Date: Tue,14 Oct 1997 08:13:55 -0600 >To: nicka@ci.aspen.co.us, juliew@ci.aspen.co.us >From: Ross Soderstrom <ross@ci.aspen.co.us> >Subject: The Rapids Condo Plat >I left a message for Tom Bracewell, ACSD, that this condo plat did not show >an easement for the sanitary sewer and the title report did not indicate >that an easement exists (per the surveyor). Tom responded that he was quite >sure that an easement does exists and asked that we hold the plat until the >existance is verified and the easement shown on the plat. He gave me 11 >book & page citations for the Pitco Recorder's records - presumedly at least >one of these is the easement concerning this property. I will pass a copy >of the recording citations to the surveyor that he confirm the existance (or >lack thereof) of the easement and add it to the plat. The property owner, >mortgagee and the title company have already signed the mylar plats (2 >copies) so if there is a change for the easement I think we will need to >either have them re -execute a new plat or, somehow inform each party and >include their endorsement on the plat showing the easement. The owner was >in Pennsylvania when he endorsed the plat and I know they want to move this >along. >Ross S. Printed for Christopher Bendon <chrisb@ci.aspen.co.us> TRANSMITTAL MEMORANDUM To: Gary A. Wright, Stuart Development L—,Phru: Chris Bendon, Project Planner From: Ross C. Soderstrom, Project Engineer Date: August 28, 1997 Re: Condominium Map Review: The Rapids Townhomes, A Condominium Physical Address: 518 & 520 West Smuggler Street, City of Aspen, CO Parcel No.: N/A These are the items remaining to be completed: Make corrections indicated on plat / map e/ Set & flag survey monuments for field verification. Have representative / surveyor call myself (920-5087) to schedule field verification after setting & flagging monuments. ,/ Include complete descriptions of all monuments found or set Provide basis of bearings, per State Board Rules Complete / correct legal description of parcel(s), easements, etc. including acreage to 1/1,000 Ac for entire development and each lot, parcel, outlot, tract, etc. Provide 100 Yr. Flood Plain delineation; flood study information and date; datum and reference benchmark identification and elevation Complete / correct legend and symbols Include attached notes to plat / map Revise certificates / signature blocks as indicated Depict easements with dimensions and recording information Complete right-of-way information: dimensions Other: Re -submit mo (_Z_J complete copies of plat / map for confirmation before submitting record copies for recording Re -submit (__) copies of sheets for confirmation before submitting record copies for recording of plat / map Submit two (2) complete final record copies on mylar or velum for recording. Include check payable to Pitkin County Clerk & Recorder for the recording fees for one (1) complete copy of the plat / map (second copy remains in files of City Engineering Dept.). 8 1/2" x 11": agreements, etc. first page - $6.00, additional - pages $5.00 larger than 8" x 14" - plats: first sheet - $11.00, additional sheets - $10.00 larger than 8" x 14" - surveys: first & additional sheets - $20.00 each Other: verify with Pitkin County Clerk & Recorder for fee schedule PMTRANS.DOC Ross Soderstrom, 09:13 AM IM/97 , Re: Rapids Condo Plat X-Sender: ross@comdev Date: Fri, 29 Aug 1997 09:13:32 -0600 To: Christopher Bendon <chrisb@ci.aspen.co.us> From: Ross Soderstrom <ross@ci.aspen.co.us> Subject: Re: Rapids Condo Plat Chris: Nick & I made a site visit yesterday to resolve the concern about the step and handrail encroachment into the public right-of-way. Nick decided that this particular case was not significant enough to warrant an encroachment license although we derived wording for a note to be added to the map regarding such conditions. Will forward marked -up map later today. At 10:26 AM 8/28/97 -0600, you wrote: >Howdy. >I got a call this morning about the Rapids Condo Plat. They are wondering >where it is in the process and when they can expect to move forward with it. >Cheers, >Chris Bendon, City Planning Ross S. Printed for Christopher Bendon <chrisb@ci.aspen.co.us> 1. 0 XP7-iFa -a1- oaa THE RAPIDS, (a condominium) 936 East Hopkins Avenue Condominium Plat Map Approval Application THIS APPLICATION IS FOR THE APPROVAL OF A CONDOMINIUM PLAT MAP FOR TWO CONDOMINIUM UNITS WITH ATTACHED ACCESSORY DWELLING UNITS PREVIOUSLY APPROVED FOR THE REAL PROPERTY LOCATED AT 936 EAST HOPKINS AVENUE. 1 August 1997 Submitted to: Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Applicant and Owner Applicant's Representative CONSULTANTS: Stuart Development of Aspen, LLC 201 North Mill Street, Suite 106 Aspen, Colorado 81611 Gary A. Wright, Esq. Wright & Adger, LLP 201 North Mill Street, Suite 106 Aspen, Colorado 81611 Telephone: 970-925 -5625 Facsimile: 970-925-5663 COLORADO LICENSED SURVEYORS Lines in Space Sydney Lincicome (L. S. 14111) P.O. Box 121 Carbondale, Colorado 81654 LEGAL AND LAND USE APPROVALS: Gary A. Wright Wright & Adger Law Partnership, LLP 201 North Mill Street, Suite 106 Aspen, Colorado 81611 H:\RE\TWHITE\CONDO.APP Page 1 of 6 THE RAPIDS, (a condominium) 936 East Hopkins Avenue Condominium Plat Map Approval Application 1. INTRODUCTION: The property located at 936 East Hopkins Avenue was owned by Florence Hose for many years. It was recently purchased by Ralph Braden and Jay Kuhn, who sought and obtained permission to condominiumize this former duplex. In 1996 the applicant, Stewart Development of Aspen, LLC, purchased the property and the approval for condominiumization. Construction was commenced in the fall of 1996 and is now sufficiently complete to have the Condominium Plat Map prepared. This application is the request for the approval of the Condominium Plat Map which is provided together with this application. 2. RESPONSES TO SPECIFIC CODE SECTIONS: The following repeats the code sections identified in the Pre -Application Conference Summary and provides responses in italics. 26.52.030 Application and fees. A. General. A development application shall be submitted in the form, and shall include the information and materials specified for that application in this section, and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is required. The development application shall be accompanied by a fee, as is established from time to time by the city council, to defray the cost of processing the application. B. Application. All development applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Response: The applicant is Stuart Development of Aspen, LLC, the owner of the now substantially completed two condominiums and two accessory dwelling units located at 936 East Hopkins. The applicants address is 201 North Mill Street, Suite 106, Aspen, Colorado 81611. The applicant's representative is Gary A. Wright, at the same address. Telephone contact may be made at 925-5625 and facsimile correspondence may be sent to 925-5663. An A fidavit of Consent authorizing the representative to act on behalf of the applicant is provided with this application as Exhibit 1. 2. The street address and legal description of the parcel on which development is proposed to occur. H:\R%\TWHITH\CONDO.APP Page 2 of 6 THE RAPIDS, (a condominium) 936 East Hopkins Avenue Condominium Plat Map Approval Application Response: The street address is 936 East Hopkins Avenue. The legal description is attached to this Application as Exhibit 2. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Response: The record legal owner of the real property which is being condominiumized is Stuart Development of Aspen, LLC. An attorney's opinion of title is attached as Exhibit 3. 4. An 8 ``V? x I I" vicinity map locating the subject parcel within the City of Aspen. Response: A vicinity map is attached to this Application as Exhibit 4. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document). Response: The proposed Condominium Plat Map is provided with this Application as Exhibit 6 6. 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. Response: The condominiumization of this real property to become two condominium units each with an attached accessory dwelling unit has been previously approved. This Application is solely for the approval of the Condominium Plat Map. C. Consolidation of applicators. If applicant has requested the consolidation of development applications, the director shall waive any overlapping application submission requirements in the consolidated development application. Response: Not applicable to this Application. D. Copyrighted materials. The City of Aspen will not accept for development application or recordation purposes any materials to which copyright applications have been made unless the H:\RE\TWHITE\CONDO.APP Page 3 of 6 THE RAPIDS, (a condominium) 936 East Hopkins Avenue Condominium Plat Map Approval Application applicant shall waive all claims and indemnify the city. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part of a development application may be utilized by the city in any manner deemed necessary, including, but not limited to, recording at the Pitkin County Clerk and Recorder, to preserve representations made during the development review process. Response: Not applicable to this Application. 26.88.070 Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision exemption plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Planning Director for review and approval as a subdivision exemption pursuant to the terms and provisions of this section. Response: Condominiumization has been previously approved. This Application is for approval of the Condominium Plat Map. B. Procedure. A development application for a condominiumization shall be reviewed pursuant to the procedures and standards in this section and Common Procedures, Chapter 26.52. Response: This Application complies with the requirements of Procedure setforth in Chapter 26.52. 1. Contents of Application. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Procedures, Section 26.52.030. b. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1-1 /2) inches on the left hand side of the sheet and a one-half (1/2 ) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, H:\RH\TWHITR\CONDO.APP Page 4 of 6 THE RAPIDS, (a condominium) 936 East Hopkins Avenue Condominium Plat Map Approval Application are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the land surveyor explaining how bearings, if used, were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article, 51, as amended from time to time. (6) A certificate by a corporate title insurer, that the person or persons dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. (7) Certificate showing approval of the final plat by the City Engineer and Planning Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records of the land surveyor in accordance with Colorado Revised States 1973, Title 38, Article 53, as amended from time to time. Response: The Condominium Plat Map and this Application comply with the requirements of Contents of Application set forth above. 2. Record of the approved condominium subdivision exemption plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Planning Director. Failure on the part of the applicant to record the plot within one hundred eighty (180) days following approval by the Planning Director shall render the plat invalid and a new application and approval will be required. H:\RE\TWHITE\CONDO.APP Page 5 of 6 • • THE RAPIDS, (a condominium) 936 East Hopkins Avenue Condominium Plat Map Approval Application Response: The Plat will be recorded within the applicable time limits after approval. 3. Subdivision Exemption Agreement. A Subdivision Exemption Agreement needs to be prepared or entered into between the applicant and the city pursuant to a condominium or condominiumization approval unless the Planning Director determines such an agreement is necessary. Response: Condominiumization has been previously approved. This Application is only for approval of the Condominium Plat Map. 4. Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the City Council as a condition of condominiumization approval prior to July 1, 1992, shall only be modified or removed with consent of the City Council. Response: Not applicable to this Application. 3. LIST OF EXHIBITS: Exhibit 1 - Affidavit of Consent Exhibit 2 - Legal Description Exhibit 3 - Attorney's Opinion of Title Exhibit 4 - Vicinity Map Exhibit 5 - Agreement for Payment Exhibit 6- proposed Condominium Plat Map Date: I AL'LU "t 19, Applicant: Stuart Development of Aspen, LLC Wright & Adger, LLP by: A(L� G A. Wright 201 North Mill Street, Suite 106 Aspen, Colorado 81611 H:\RE\TWHITE\CONDO.APP Page 6 of 6 AUG.-01'97(FRI) 10:00 HOMER ASSOCIATES TEL:610 277 5710 JUL 31 '97 01:07PM WRIGH-OADGER • P•3 P. 004 AFFIDAVIT OF CONSENT Given this 3 day of July 1997 by Thomas F. White as the authorized manag®r o stuart Development of Aspen, LLC, a Colorado Limited Liability Company in good standing. This affidavit constitutes written consent of Stuart Development, LLC an the landowner of the real property located at 936 East Hopkins Avenue, Aspen, Pitkin County, Colorado; to be repre$ented during the City of Aspen Condominiumization Process by its attorney, Gary A. Wright of Wright &Adger, LLP. FURTHER THE AFFIANT SAYETH NOT, Stuart Development of Aspen, LLC a Colorado "mited ijability Company manger State of Penn lvania ) aa, County of ) The foregoing Affidavit of Consent was subscribed and sworn to before me this J day of July 1997, by Thomas F. White a member and the manager o Stuart Development of Aspen, LLC, a Colorado Limited Liability Company Witnesa my hand and official seal. My commission expires: ��\aon�cne.tl� TAF0 A RLEY. JR.. NuMarN Ru c p �e 9 �('U�lae E • • EXHIBIT 2 - LEGAL DESCRIPTION OF 936 EAST HOPKINS AVENUE PARCELI: LOTS Q AND R. BLOCK 26, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN TOGETHER WITH RIGHT OF INGRESS AND EGRESS AS SET FORTH IN AGREEMENT AND GRANT OF EASEMENTS RECORDED JUNE 25, 1996 AS RECEPTION NO. 394073, AND ASSIGNMENT THEREOF RECORDED SEPTEMBER 12, 1996 AS RECEPTION NO. 396990. PARCEL 2: A PARCEL OF LAND SITUATED IN LOT G AND THE ALLEY OF BLOCK 26, EAST ASPEN ADDITIONAL TOWNSITE, CITY OF ASPEN, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE NORTHWEST CORNER OF LOT Q, OF SAID BLOCK 26, WHICH IS ALSO A POINT ON THE SOUTHERLY BOUNDARY OF THE ALLEY OF SAID BLOCK 26; THENCE N 14050'49" E 21.01 FEET ACROSS SAID ALLEY TO THE SOUTHWEST CORNER OF LOT G OF SAID BLOCK 26; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT G N 14050'49" E 29.60 FEET, MORE OR LESS, TO THE 9-10 LINE OF THE EAST ASPEN ADDITIONAL TOWNSITE BOUNDARY; THENCE ALONG SAID 9-10 LINE S 74012'00" E 30.00 FEET, MORE OR LESS, TO The NORTHEAST CORNER OF SAID LOT G; THENCE DEPARTING SAID 9-10 LINE S 14050'49" W 29.11 FEET, MORE OR LESS, ALONG THE EASTERLY BOUNDARY LINE OF LOT G. TO THE SOUTHEAST CORNER OF SAID LOT G; THENCE ACROSS SAID ALLEY S 14"50'49" W 21.01 FEET TO THE NORTHEAST CORNER OF SAID LOT Q; THENCE ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT Q, N 75-09'11" W 30.00 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE SOUTHERLY''/2 OF THE VACATED ALLEY LYING NORTHERLY OF AND ADJACENT TO LOT R, BLOCK 26, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN. H:\RE\TWHrrE\RAPlDS.LEG 11 GARY A. WRIGHT, P.C. ALLEN H. ADGER, P.C.' WRIGHT & ADGER LAW PARTNERSHIP, LLP 201 NORTH MILL STREET. SUITE 106 ASPEN. COLORADO 81611 ASPEN TELEPHONE: 970-925-5625 BASALT TELEPHONE: 970-927-9090 FACSIMILE: 97 0-9 2 5-56 6 3 OF COUNSEL: PHILIP J. O'CONNELL" BRUCE B. MCLARTY ALSO ADMITTED TO 31 July 1997 TEXAS AND LOUISIANA BAR ALSO ADMITTED TO FLORIDA BAR Aspen Community Development Office 130 South Galena Street Aspen, Colorado 81611 Re: Proof of Ownership Stuart Development of Aspen, LLC Condominium Plat Map Approval To Whom it May Concern: I am writing this letter in behalf of my client, Stuart Development of Aspen, LLC. This letter is given to satisfy the Proof of Ownership requirement of my client's application for approval of a Condominium Plat Map. . Based on my review of the records contained in the Pitkin County Clerk and Recorder's Office as well as a Title Insurance Policy given by Pitkin County Title Company, PCT-I 1074C6, it is my opinion that title to the property, described in Exhibit 2 to the Application for approval of the Condominium Plat Map is vested in Stuart Development of Aspen, LLC. Sincerely, WRIGHT & ADGER, LLP B G- y A. Wright GAWcmd H:\RH\TWHITB\title-op.aty VICINITY MAP SCALE: 1" = 400' TE E.A.A.T LINE of F�ol[I sl �tIL�;W Nl o� sl �tl Ll rl All-. PIINS WLAJ I Ait�CiDlClF 01 MI AI tl C; 0OIC; Zni�Yl Nl of ri of nDl Z S;L. ■� �renl7l w tl L; Yi Ni of rl oitl [� � �tI LI ■1 Nl of n. olt d HYMAN AVE � AVENUE � v Z 'At U <i0 [li !Olwl l' Alt, cDI[IF' O;NII AI [I c{oics'o�wll IAA, tI C : OI[IFI j J CI I, W NI OiFI OI tI SI tI L; YI N101 FI O�tI lI �1tl INI Oj •I Oi tl 7) U INI Li YI COCPER STREET i •1 CI CjD1['F'Ol wl �� I'AI CAI CI DILII IOI NI II, iAl ti C101[1F1 �'Aj CCI DItIFIO�w�I� I .CCORO'NG 10 COI.ORADO LAB YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY R: THIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANT DEFECT '.N THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHORN HEREON • 9 0 CERTIFICATION OF DEDICATION AND OWNERSHIP VICINITY MAP SCALE: 1" • 400' � Wo�O NONNI • O�O..N 0� 01 �OCOOC 00 � 0 ,Yi�O� - 000000000 .. OCCC0000 �000OCOO �f��OC0000 ZONE DISTRICT • R-MF BEARING STATEMENT THE RAPIDS TOWNHOMES *` REARING FORK R I [VER BASIS OF BEARING IS BETWEEN FOUND REBARS d CAPS L.S. 20151 AT THE SE LOT K BLOCK 25 AND THE SW LOT S. BLOCK 26. EAST ASPEN ADDITIONAL TOWNSITE. CITY OF ASPEN. STATE OF COLORADO. N 75'09'II' W 135.32' LEGEND & NOTES C E . COMMON ELEMENT L C E LIMITED COMMON ELEMENT THE IMPROVEMENTS ON THE REAL PROPERTY DESCRIBED HEREON DO NOT LIE WITHIN THE LIMITS OF A 100 YEAR FLOOD HAZARD BOUNDARY �ELECTRIC •' 7�7� SEWER MANHOLE MANHOLE ♦ TRAVERSE POINT (SET SPIKE) © TELEPHONE PEDESTAL G SET REBAR Q CAP L.S. 14111 © CA TV PEDESTAL CONCRETE 0 WATER VALVE G GAS METER SLANTED /NfOR//AT/ON /S rPON Tf/£ /9S9 OFFICIAL /64P OF THE C/7Y Of ASPEN THE IMPROVEMENTS ON THE REAL PROPERTY DESCRIBED HEREON DO NOT LIE WITHIN THE LIMITS OF A 100 YEAR FLOOD HAZARD BOUNDARY INDEX SHEET I VICINITY MAP. CERTIFICATES. SITE SURVEY SHEET 2 CONDOMINIUM PLAN AND ELEVATION VIEWS COMMUNITY DEVELOPMENT DIRECTOR THIS CONDOMINIUM MAP FOR THE RAPIDS TOWNHOMESWAS APPROVED BY THE PLANNING DIRECTOR THIS - - - - - - - DAY OF - - - - - - - - - - - - - - - 199_. - - - - - - - - - - - - - - - - - - - - - - - COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER APPROVAL THIS CONDOMINIUM MAP FOR THE RAPIDS TOWNHOMES' WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS --___ DAY OF ----- ---- - - - - -. 199_. ---------------------------- CITY ENGINEER SURVEYORS CERTIFICATION 1, SYDNEY LINCICOME. DO HEREBY CERTIFY AS FOLLOWS: THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO: THAT THIS MAP IS TRUE. CORRECT AND COMPLETE AS LAID OUT PLATTED AND SHOWN HEREON: THAT THIS MAP WAS MADE BY ME FROM AN ACCURATE SURVEY ON NOV. 5 TH.1996. OF THE REAL PROPERTY SHOWN HEREON BY ME OR UNDER MY DIRECT SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSION OF THE UNITS AND COMMON ELEMENTS AS THE SAME ARE STAKED UPON THE GROUND: AND THAT THIS MAP MEETS THE REQUIREMENTS OF LAND SURVEY PLAT AS SET FORTH IN CRS 38-51-102 AND OF A COMMON INTEREST COMMUNITY MAP AS SET FORTH IN CRS 38-33.3-209. SURVEY PRECISION IS GREATER THAN 1:10.000. DATED ------------------. 199-. BY:---------------------- SYDNEY LINCICOME, P.L.S. 14111 LINES IN SPACE LAND SURVEYS E.A.A T. LINE 9-10 (THEORETICAL POSITION) S 74°12 00'E 30.00 -/- APPROXIMATE E pF T. LOT F w � o LOT G o LOT H LOT I Q Z Z PARCEL 2 1,511 SQ.FT.+/- o � ALLEY n N EL O CKCh � 6 v 0 o PARCEL 3 TRASH PAD Un C E 0 31 5 S Q. F T.+/- o z S 7'09 // -£ Jo. 00 Z 5 30. 00 _ _ S 75'09 ' / /C 60,00 ♦ �1 .• .' .• •. 21.i 20.6' • TWO STORY TWO UNIT A FRAME CO DOMINIUM C. E, WITH DRIVE OUT BASEMENT WEST 7 6 EAST 5 0 0 UNIT UNIT LOT G OF LOT LOT S a - WINDOW WELL PARCEL 1 4, 6, 000 ELE jSF f/- N.3 7.6' TR1C METERS J J 4 6 W a Z i a WI 1 DOW WELL } a I 1s n 15 9 z �- Cn C F C. E. w z a -1 s O - LL J LL C E. N 75'09 // 60.00' �- ASPHALT HO PK 11V g A TEE. 75.00. I/OE BASIS OFIBEARING r FOUND REBAR A CAP L.S. 14111 -/ KNOW ALL PERSONS BY THESE PRESENTS, THAT STUART DEVELOPMENT OF ASPEN L L.0 BEING THE OWNER OF ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN. PITKIN COUNTY, COLORADO. DESCRIBED AS FOLLOWS PARCEL I: LOTS 0 Q R. BLOCK 26. EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN. TOGETHER WITH RIGHT OF INGRESS AND EGRESS AS SET FORTH IN AGREEMENT AND GRANT OF EASEMENTS RECORDED JUNE 25. 1996 AS RECEPTION NO. 394073. PARCEL 2: A PARCEL OF LAND SITUATED IN LOT G AND THE ALLEY OF BLOCK 26. EAST ASPEN ADDITIONAL TOWNSITE. CITY OF ASPEN. STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE NORTHWEST CORNER OF LOT 0. OF SAID BLOCK 26. WHICH IS ALSO A POINT ON THE SOUTHERLY BOUNDARY OF THE ALLEY OF SAID BLOCK 26: THENCE N 14'50 49' E 21.01 FEET ACROSS SAID ALLEY TO THE SOUTHWEST CORNER OF LOT G OF SAID BLOCK 26: THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT G N 14'50'49' E 29.60 FEET. MORE OR LESS. TO THE 9-10 LINE OF THE EAST ASPEN ADDITIONAL TOWNSITE BOUNDARY: THENCE ALONG SAID 9-10 LINE S 74'12'00- E 30.00 FEET. MORE OR LESS. TO THE NORTHEAST CORNER OF SAID LOT G: THENCE DEPARTING SAID 9-10 LINE S 14'50'49' W 29.11 FEET. MORE OR LESS. ALONG THE EASTERLY BOUNDARY LINE OF LOT G. TO THE SOUTHEAST CORNER OF SAID LOT G: THENCE ACROSS SAID ALLEY S 14*50*49' W 21.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 0: THENCE ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 0, N 75'09'11- W 30.00 FEET TO THE POINT OF BEGINNING. PARCEL 3 THE SOUTHERLY 1/2 OF THE VACATED ALLEY LYING NORTHERLY OF AND ADJACENT TO LOT R. BLOCK 26. EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO. HAS BY THESE PRESENTS LAID OUT. PLATTED AND SUBDIVIDED THE SAME INTO UNITS AND COMMON ELEMENTS AS SHOWN ON THIS MAP UNDER THE NAME AND STYLE OF ' THE RAPIDS TOWNHOMES '. ------------------------------- THOMAS F. WHITE STATE OF COLORADO ) )SS. COUNTY OF PITKIN I THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS ____- DAY OF _____________ 199-. BY -------------------------- WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGE HOLDER'S CERTIFICATION KNOW ALL MEN BY THESE PRESENTS THAT - -- -- -- ------ --------- - - - - -. BEING THE BENEFICIARY OF CERTAIN DEEDS OF TRUST RECORDED IN BOOK ___ AT PAGE _ - OF THE RECORDS OF PITKIN COUNTY. COLORADO ENCUMBERING THE REAL PROPERTY SHOWN HEREON CONSENTS TO AND APPROVES THE RECORDING OF THIS CONDOMINIUM MAP FOR THE RAPIDS TOWNHOMES AS THOUGH SAID MAP WAS DELIVERED AND RECORDED PRIOR TO THE DELIVERY AND RECORDING OF SAID ENCUMBRANCES. DATED -- ---- ---------- - - - - -. 199_ - - - - - - - - - - - - - - - - - - - - - - - - BY: ------------------------ TITLE ------------------ STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS - -__ DAY OF ---------------. 199_. BY - - - - - - - - - - - - - - - - - - - - - - - - - - - - (NAME) - - - - - - - - - - - - - - - - - - - - - - - - - (TITLE) OF --------------- WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE EXAMINERS CERTIFICATION I VINCENT J. HIGENS. PRESIDENT OF PITKIN COUNTY TITLE INC. DO HEREBY CERTIFY THAT I HAVE CAUSED AN EXAMINATION TO BE MADE ON THE REAL PROPERTY HEREIN DESCRIBED AND BASED ON THAT EXAMINATION CASE NO. PCT10695. DATED 02/25-96 CONSTITUTES OF RECORD THE FEE SIMPLE OWNER OF THE REAL PROPERTY HEREIN DESCRIBED AND. EXCEPT AS NOTED ON THIS MAP, SAID INTEREST IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES. DATED ______________ -199_ PITKIN COUNTY TITLE INC.. A COLORADO CORPORATION BY:------------------------------ VINCENT J. HIGENS. PRESIDENT CLERK AND RECORDER'S CERTIFICATION THIS CONDOMINIUM MAP FOR 'THE RAPIDS TOWNHOMES' IS ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO. THIS _--__ DAY OF --- --- ---- -- - - - - -. 199_. IN PLAT BOOK _____ A PAGES -_--_- THROUGH _--_-__. RECEPTION N0.--------------. ------------------------------------- SILVIA DAVIS. CLERK AND RECORDER PITKIN COUNTY. COLORADO. 0 5 b 5 20 SCALE: 1"=10' SHEET/ OF THE RAPIDS TOWNHOMES BOCK 26. EAST ASPEN ADDITION, CITY OF ASPEN PITKIN COUNTY, CO. 6 E. HOPKINSAVE. ASPEN, BYLINES IN Sf'Q CE S YDNEY L 1NCICOIUE (L.S 14 111) BOX 21 CARBONDALE. COLO 303-963-3852 DA TE: 7-14-1997 SCALE r • b' JOB W: 95085 • 0 r-I Adkk