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Home My WebLink AboutLand Use Case.100 N 8th St.0049.2011.ASLUr i 0049.2011.ASLU 100 N lITH ST 2735 12 3 10 01 INSUBSTANTIAL PUD AMENDMENT r eDA 'p D - 4)6/ Ep A ///Ufaft . \ 01 1 U .. THE CITY OF AspEN City of Aspen Community Development Department CASE NUMBER 0049.2011.ASLU PARCEL ID NUMBERS 2735 12 310 01 PROJECTS ADDRESS 100 N EIGHTH ST PLANNER SARA ADAMS CASE DESCRIPTIO INSUBSTANTIAL PUD AMENDMENT REPRESENTATIVE VILLA OF ASPEN TOWN HOMES DATE OF FINAL ACTION 09.2.11. CLOSED BY ANGELA SCOREY ON: 2.10.12 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: /6~1 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) Â£ A-v..4 Scerâ‚¬ (name, please print) being or represedting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: t~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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this /1 day of Sef F , 201{' by An-744 S J) : i *â€ž WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE 01 0 -, / DEVELOPMENT APPROVAL ...,/ l 0 4 Notice is hereby given to the general Dublie of the L., ./.. approval of a site-specific Aevdlopment plan, and A Â· J.,4,...1 . .1 . My Rommission expires: ~~~/ 5 ~ 20 /5- the creation of a vested Pilpery right pursuant to the Land Use Code of the City of Aspen and Title pÂ·/â€¢ 6 7- 24, Article 68, Colorado Revised Statutes, pertain- K i LOTI-.)A, : 4 14- A , ing to the following described property: Parcel ID #2735-123-13-028, 2735-123-13-014, 1 *IduL 2735-123-13-002, 2735-123-13-012, and 2735-123-13-801, Legally described as Units 5,6, '4~42*......'6*dtary ~blic 7,9 and the General Common Element of the Villa of Aspen Townhouses Condominium, located at th> ob r n\- -rlf 100 North Eighth Street, City of Aspen, Pitkin County, Colorado. The approval grants an insub- stantial amendment to the Villa of Aspen Town- houses PUD. The request approves enclosing decks and adding new decks. The changes are depicted in the land use application on file with the ATTACHMENTS: City of Aspen. For further information contact Sa- ra Adams at the City of Aspen Community Devel- COPY OF THE PUBLICATION opment Dept., 130 S, Galena St. Aspen, Colorado. (970) 429-2778. City of Aspen Published in the Aspen Times Weekly on Septem ber 18,2011.[7006836] .. DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, MailinE Address and telephone number: Hans Pfennings, Aspen Colorado 1.1.C (Unit 5), Brent Reed (Unit 6), Monica Dahling New (Unit 7), Joy Eidson (Unit 9), The Villa of Aspen rownhouses Homeowner's Association c/o Neil Siegel, 100 N. Eighth Street, Aspen, CO 81611. Legal Description and Street Address of Subiect Property: Units 5,6, 7,9 and the General Common Element of the Villa of Aspen Townhouses Condominium, 100 N. Eighth Street. Aspen, Colorado. Written Description of the Site Specific Plan and/or Attachment Describing Plan: An Insubstantial Amendment to the Villa of Aspen Townhouses Planned Unit Development regarding deck enclosures and new decks. Land Use Approval Received and Dates: Administrative approval granted September 1,2011. Effective Date of Development Order: September 18,2011. (Same as date of publication of notice of approval.) Expiration Date of Development Order: September 18, 2014. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Iss~tlis 1 St day of September 2011, by the City of Aspen Community Development Director. 4Â«,9914Â«-1 Jennifer Phelat( ) Community Development Deputy Director City of Aspen .. NOTICE OF APPROVAL For an Insubstantial PUD Amendment to The Villa of Aspen Townhouses, 100 N. 8t]1 Street APPLICANT: Hans Pfennings, Aspen Colorado LLC (Unit 5) 273512313028 Brent Reed (Unit 6) 273512313014 Monica Dahling New (Unit 7) 273512313002 Joy Eidson (Unit 9) 273512313012 The Villa ofAspen Homeowner's Association REPRESENTATIVE: Neil Siegel, President of Villa of Aspen Townhouses SUBJECT & SITE OF AMENDMENT: Villa of Aspen Townhouses, 100 N. 8th Street, 3rd Insubstantial PUD amendment SUMMARY: The applicant has requested an Insubstantial PUD amendment to the Villa of Aspen Townhouses to memorialize improvements to decks since the Second PUD amendment. In 1989. the first PUD amendment for the property was approved (May 2,1989, Book 4, Page 296). It allows for the existing deck to the enclosed and a new deck to be built with the condition that the new deck is not larger than the footprint of the existing deck. Only specific units were identified on the first Pt-JD amendment for the changes. In 1997. the second PUD amendment for the property was approved (September 22,1997, Book 43, Page 65). The second PUD amendment illustrated the enclosed decks and added decks that had occurred since the first amendment in 1989. It also approved units that were not identified in the first amendment to have deck enclosures and new decks and documented the units that actually acted upon the approved changes. In 2008. an Insubstantial PUD amendment was granted by the Community Development Department approving the enclosure of decks and addition of new decks to Units #8, 10,24,25, and 34. Four Units, #5,6. 7. and 9. were not identified on either the first or second amendments, or the 2008 Insubstantial PUD amendment for the changes described above. Over the past ten years, these units have received building permits for the deck changes and have already completed the work. The third PUD amendment seeks to memorialize all of the deck enclosures and new deck construction including the four units that were not included in the previous two PUD amendments. STAFF EVALUATION: Staff supports the proposed changes to the Villa of Aspen Townhouses PUD. The changes (enclosing decks and constructing new decks that are equal to or less than the footprint of the existing deck) are consistent with the intent of the first and second PUD amendments. Staff finds that the criteria for granting an insubstantial amendment are met, as described in Exhibit A. RECEPTION#: 582454, 09/02/2011 at 10:39:12 AM, 1 OF 3, R $21.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO .. DECISION: The Community Development Director finds the Insubstantial Amendment application to be consistent with the intent of the PUD, and thereby APPROVES, the amendment to allow for decks on certain units, # 5,6,7 and 9, and memorializes the changes on the plat since the Second PUD Amendment was recorded with the following conditions: 1. The size of the new deck may not exceed the size of the deck area enclosed 2. The Parks department should review all plans, as the original approval requires any landscape material destroyed during construction be replaced with comparable or better materials. APPROVED BY: 1 1/ - .1-Ennifer RÂ®lan ~ Date i ' Community Development Deputy Director APPLICANT: /- 1 ; ( 4, 11 p,,. - er t ) 7 13 ~1,9 10} Neil Siegel Villa of Aspen Townhouse Association President Attachments: Exhibit A: Review Criteria .. EXHIBIT A Section 26.445.100 Amendment of PUD development order A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use of the site, it will remain residential. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. The four decks (units 5,6,7, and 9) specified in this approval equal approximately (79 + 70 +89 + 68) =306 square feet of site coverage. A total of 33,455 square feet of site coverage exists (aka 19.3%), not including units 5, 6 ,7, and 9. A grand total of 19.52% of site coverage is proposed including units 5,6,7 and 9. Staff finds this criterion to be met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is very minimal change to open space for the site. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. There is no change in the parking/loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Not applicable. 8. An increase by greater than one percent (1%) in the approved residential density of the development. There is no increase in residential density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The change is consistent with the approved use and does not require a dimensional variation. .. August 23, 2011 Sara Adams Senior PIanner City of Aspen Community Development Department 131 S. Galena Aspen CO 81611 Re: Villa of Aspen Insubstantial PUD Application Permit Number 0049.2011.ASLU Dear Sara: The Villa of Aspen Townhouse Association, located at 100 N. 8th Street, Aspen CO 81611 together with the owners of units 5,6,7, and 9 hereby authorizes the City of aspen to prepare for approval an insubstantial amendment of the complex PUD in a mannerconsistent with the 2008 insubstantial amendment. The purpose is to have the PUD reflect improvements to units 5,6,7 and 9 has depicted in the Third Amendment to the Plat. The representative authorized to act on behalf of the Association is: Neil B. Siegel President, Villa of Aspen Townhouse Association 100 N. 8th Street # 8 Aspen CO 81611 970 544 -5443 Each of the owners of units 5,6,7 and 9 was specifically contacted and each has authorized this action. Copies of those consents are attached. Respectively submitted, Neil B. Siegel 1 .. August 22, 2011 RECEIVED Sara Adams AUG 2 2 2011 Senior Planner CITY OF ASPEN City of Aspen COMMUNITY DEVELOPMENT Community Development Department 131 S. Galena Aspen CO 81611 Re: Villa of Aspen Insubstantial PUD Application Permit Number 0049.2011.ASLU Dear Sara: The Villa of Aspen Townhouse Association, located at 100 N. 8~h Street, Aspen CO 81611 together with the owners of units 5,6,7, and 9 hereby authorizes the City of Aspen to prepare for approval an insubstantial amendment of the complex's PUD in a manner consistent with the 2008 insubstantial amendment. The purpose is to have the PUD reflect improvements to units 5,6,7 and 9 has depicted in the Third Amendment to the Plat. The representative authorized to act on behalf of the Association is: Neil B. Siegel President, Villa of Aspen Townhouse Association 100 N. 8th Street # 8 Aspen CO 81611 970 544 -5443 The owners of units 5,6,7 and 9 were specifically contacted and each has authorized this action. The owners (representatives) are: #5 Hans Pfennings # 6 Brent Reed #7 Monica Dahling New #9 Joy Eidson Copies of those consents are attached. Respectively submitted, Neil B. Siegel 1 Gmail - Re: Approval for insubstantial Amendment, yes Page 1 of 2 .. Crl i i Neil Siegel <neilbsiegel@gmail.com> d Re: Approval for insubstantial Amendment, yes Mon, Aug 22, 2011 at 7:27 telem2.sintmaarten.net <pfenningshans@sintmaarten.net> AM To: Neil Siegel <neilbsiegel@gmail.com> Neil, Understood. Very insubstantial. Approved. Regards, Hans Pfennings # 5 ----- Original Message ---- From: ivell Sie<jet To: Pfenninas Hans ; Reed Brent ; Eidson. Jov : New. Monica ; Neil Siegel Sent: Thursday, August 18, 2011 7:04 PM Subject: Re: Approval for insubstantial Amendment Dear Owners: We are in the final phase of the plat amendment for the complex and it has been approved and ready for final sign off and recording. The additions to your units are all included. At the time the construction was done for your improvements there was no formal approval for amending the Villas planned Urban Development (PUD) and this administrative action is now being taken. It is a formallity and the city is doing this now for us at no cost. See the note below. I need you to reply to this message ASAP simply indicating that you authorize the action. I am doing so also on behalf of the association. Please reply immediately. thanks - Neil -------- Fo,warded message From: Sara Adams <Sara.Adams@ci.aspen..co.us> Date: Thu, Aug 18, 2011 at 3:08 PM Subject: one more thing To: Neil Siegel <neilbsieqel@qmail.com> Hi Neil, I need to write up an insubstantial PUD amendment (similar to the approval granted in 2008) that includes units 5,6,7 and 9 since they were left out of the previous amendments. There is no additional charge for this review since you already have an application submitted. I just need your authorization from the owners of units 5,6,7 and 9 and you, on behalf of the HOA, to proceed with the approval. One letter signed by all of the owners and yourself is fine. https://mail.google.com/mail/?ui==2&ik=0ff31125cd&view=pt&search=inbox&msg=131ec... 8/21/2011 Gmail - Approval for insubstantial Amendment Page 1 of 1 .. GL, i i Neil Siegel <neilbsiegel@gmail.com> Approval for insubstantial Amendment Brent Reed <aspencpa@comcast.net> Fri, Aug 19, 2011 at 9:26 AM To: Neil Siegel <neilbsiegel@gmail.com> Neil, I authorize the action. Thank you, Brent Hampton Reed Certified Public Accountant BHR-CPA. INC. POB 4201 Aspen, CO 81612 533 E Hopkins Ave Ste D Aspen. CO 81611 970-920-3818 office 970-309-4614 cell 1-866-422-8816 fax (toll freej From: Neil Siegel [mailto: O (u W C 4w, 9,1 u l l . Uu I I, Sent: Thursday, August 18, 2011 5:04 PM To: Pfennings, Hans: Reed. Brent Eidson. Joy- New. Monica: Neil Siegel Subject: Re. Approval for insubstantial Arriendment Dear Owners: https://mail.google.com/mail/?ui=2&ik=0ff31125cd&view=pt&search=inbox&msg=13 le2... 8/19/2011 Gmail - Approval for insubstantial Amendment Page 1 of 1 .. Cr.1 i i Neil Siegel <neilbsiegel@gmail.com> #_0 L 1 11 Approval for insubstantial Amendment monica new <aspenvacation@gmail.com> Fri, Aug 19, 2011 at 10:13 PM To: Neil Siegel <neilbsiegel@gmail.com> Ok for the PUD. vote no on the HD cable. Monica Dahling MSPT, MFTI Cell,970) 404-4921 Fax LAAA) /17â‚¬ 1091 '....V' , ./.I.. [Quoted text hidden] https.//mail.google.com/mail/?ui=2&ik=0ff31125cd&view==pt&search=inbox&msg=131e5... 8/20/2011 Gmail - Approval for insubstantial Amendment Page 1 of 1 .. rz,v, it Neil Siegel <neilbsiegel@gmail.com> Approval for insubstantial Amendment Jeidson <jeidson@brightok.net> Thu, Aug 18, 2011 at 6:00 PM To: Neil Siegel <neilbsiegel@gmail.com> We authorize the action you are doing on behalf of the association. Wayne and Joy Eidson Villa #9 Sent from my iPhone [Quoted text hid:lenj https://mail.google.com/mail/?ui=2&ik=0ff31125cd&view=pt&search==inbox&msg=131 df... 8/18/2011 ~iNFIR 01{[4 Sara Adams From: Neil Siegel [neilbsiegel@gmail.com] Sent: Saturday, July 23, 2011 3:03 PM To: Sara Adams Subject: Villas of Aspen plat amendment Hi Sara - after our conversion on Friday I reviewed the proposed plat amendment and compared it to the 1997 plat insubstantial amendment. The conclusion offered during our discussion, that the inclusion of the window wells was a drafting error. is correct. They should all be removed from the draft. Here are the reasons: [1] As drawn, the wells are hatched to be included as limited common elements for the units. That is wrong. More properly, they lie on the common area outside the foundation wall o f a unit and are thus a part o f the common elements as per the condominium declaration. As such, they are not associated with any unit as a limited common element. By comparision note the new decks which are limited common elements as per the declaration and properly included. [2-] Window wells have been present since the original construction and never shown on any plat. Those wells shown on the proposed plat were in existance prior to 1997. The 1997 plat is correct in not depicting any window wells. [3] While the 1997 plat does not show window wells it does have some "small boxes" like the second floor of #12 and 14 or the first floor of# 3 and 30. They are window boxes in the window frames and not wells and that may have thrown the surveyor off when preparing the new plat. In summary - that was a good catch by you and the draft plat needs amendment to remove the wells. best - Neil Email secured by Check Point 1 RECEPTION#: 552801, 09/11/2008 at 03:21:34 PM, 1 OF 6, R $32,00 . " Janice K. Vos Caudil'Iitkin County, CO NOTICE OF APPROVAL For an Insubstantial PUD Amendment to The Villa of Aspen Townhouses, 100 N. Sth St. APPLICANT: Neil B. & Elizabeth N. Siegel (Ehit 8) 273512313034 Susie Gardner (Unit 10) 273512313021 Patricia Overton (Unit 24) 273512313015 John Paris (Unit 25) 273512313017 Sharon McBay (Unit 34) 273512313009 REPRESENTATIVE: John Wheeler SUBJECT & SITE OF AMENDMENT: Villa of Aspen Townhouses, 100 N. Sth St. SUMMARY: The applicant has requested an Insubstantial PUD Amendment to The Villa of Aspen Townhouses to add decks/balconies to several units. In 1989, the first PUD amendment for the property was approved (May 2,1989, Book 4 page 296), It allows for a new deck to be bui]t; however, the new deck "may not exceed deck area enclosed." A new deck footprint was not included for all units. The purpose of this amendment is to allow certain units that were not provided a new deck footprint in the first PUD Amendment the ability to build a deck/balcony now, so that al] units shall have the same deck expansion allowance. A second PUD Amendment was recorded that showed the enclosed decks and balconies at the time of recording, but essentially appears to be a condominium plat. STAFF EVALUATION: Staff supports the proposed change to the Villa of Aspen Townhomes PUD. The changes (adding decks/balconies to certain units) are consistent with the'original intent of the first PUD Amendment which allows decks/balconies to be added. Additionally staff would like to provide some clarity on whether a deck or balcony can be constructed once the original deck or balcony is enclosed. The applicants may build new decks or balconies so long as the new does not exceed the size of the deck area enclosed. DECISION: The Community Development Director finds the Insubstantial PUD Amendment application to be consistent with the intent of the PUD, and thereby APPROVES the amendment to allow for decks on certain units with the following conditions: 1. The size of the new deck may not exceed the size of the deck area enclosed. 2, The Parks department should review all plans, as the original approval requires any landscape material destroyed during construction be replaced with comparable or better materials. APPROVED SEP n 9 2008 APPROVED BY: COMMUNITY DEVELOPMENT 01RECT0R di42- CITY OF ASPEN 9:Â« 02) Chris Bendon Date RECEPTION#: 552801, 09/:~008 at 03:21:34 PM, 2 OF 6, Janice K. Vos Caudill, 1/in County, CO ~ Community Development Director i APPLICANT: Attachments Exhibit A: Review Criteria Exhibit B: Application Exhibit C: FAR calculations RECEPTION#: 552801, 09/11/2008 at 03:21:34 PM, 3 OF 6, â€¢ Janice K. Vos Caudill, ~kin County, CO ~ A, PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1, A change in the use or character ofthe development. There is no change in the use of the site, it will remain residential. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. The amount of additional site coverage is approximately .52%, as described in the attached exhibit C, which includes slope reduction. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public fucilities. Trip generation will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is minimal change to the open space. There is approximately a .33% (.52% including slope reduction) decrease in the open space for the site. 5, A reduction by greater than one percent (1%) of the off-street parking and loading space. There is no change in the parking/loading space utilized by the use. 6, A reduction in required pavement widths or rights-of-way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. N/A 8. An increase by greater than one percent (1%) in the approved residential density of the development. No change to the residential aspect of the PUD Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional Â· requirements. RECEPTION#: 552801, 09411/2008 at 03:21:34 PM, 4 OF 6, Janice K Vos Caudill ~tkin County, CO ~ RECTI' 7-D JOM El (. WMCCIN â€¢ AIA , U . tj /l'lld W AR(MITICTUPt & PIAnnino CITY Of ASPEN Memorandum: COMMUNITY DEVELOPMENT To: Jenifer Phelan - Deputy Director - Community Development Director City of Aspen 130 S. Galena Street Aspen CO 81611 From: John Wheeler - Wheeler Architecture and Planning 48 Katydid Lane Snowmass CO 81654 970-927-9765 Date: 7/18/08 Re: Villa of Aspen Townhouses: Insubstantial PUD amendment Please see attached supporting documents for the purpose of processing an insubstantial amendment to the Villa of Aspen townhouses PUD. We have enclosed a reconciliation sheet to assist in this review, The information is taken from field documentation by the architect and is deemed accurate. There are 5 units included with this application, Unit 8,25 and 34 have been submitted for permit and are pending plan check completion subjed to this action. The only question for these units is the planning department approval for the new proposed decks. Unit 10 and 24 have received home owner approval to construct new decks as outlined and will submit for permit at a later date, The first PUD amendment in 1989 did not clearly outline these proposed decks. The second amendment does indicate some new decks not shown on the first amendment but only included those decks that were built by 1997. We have included half size copies of these amendments to assist with this review. Please let us know what additional information you require to facilitate this review. The Villas of Aspen have been undergoing an extensive renovation and restoration project over the past two years. The base permit for this project is 23.2007 ARGR. The survey included in this package is stamped and signed in that permit package. The work has been started to file a third amended plat at the completion of the current work. Hopefully this will provide the necessary information to allow the current pending building permits to proceed to issuance, Thank you for your attention to this matter. 48 KATIE)ID i ANE SNOWMASS COLORADO 81654 PHONE 970 927 9/65 FAX 970 927,778 RECEPTION#: 552801, 09/11/2008 at 03:21:34 PM, 5 OF 6, . Janice K, Vos Caudill, *at.tkin County, CO ~ AREA CALCULATIONS WHEELER ARCHITECTURE Villas of Aspen open space (August 4,2008) 2 bedroom area = 534 + 140 + 80 = 754 SF 3 bedroomarea=614 + 140+80=834 SF Building Area SF Decks SF (proposed) Building A 3176 501 2-2br & 2-3br Building B 2422 309 2-3br & 1-2br Building C 3176 178 (199) 2-3br & 2-2br Building D 2502 455 3-3br Building E 3176 442 2-3br & 2-2br Building F 1668 308 2-3br Building G 2502 368 3-3br Building H 2342 --- (258) 1-3br & 2-2br Building J 4010 646 (119) 3-3br & 2-2br Building K 4010 734 3-3br & 2-2br Total 28,984 3941 (576) Mail/Trash/Storage 260 Total 29,244 RECEPTION#: 552801, 09/11/2008 at 03:21:34 PM, 6 OF 6, Janice K. Vos Caudill,~kin County, CO ~ ~' â€¢ Site area = 3.97 acres x 43,560 = 172,933 SF Total coverage existing 33,185 or 19.19% Total coverage proposed = 33,761 or 19.52% Site coverage increase = .33% increase which is less than 3% 1----Ii-------------~------r~ of the Villas of Aspen Townhouses Third Amendment to the Plat 14*19 t////A liu> 91 1 0 7 F 7 IE* a ---Â·--7 Condominium) H FF Se*n 0 Fi/1* Setion Owners Certificate and Dedication 4 1//Ni /1 '94 E*21 1 Section n- kÂ®*-EAMIfÂ»+ S Section 111! , Section 11 , 11 U 1 11 1 1 11 1 1 IL " 11 -11 1[-1~ II L Know allmen by these presents that the undersigned, being the President or Vice-President (as indicated below) of the Villa L - u~1 3- I f Unit 3 of Aspen Townhouses, Inc., a Colorado not-for-profit Corporation, pursuant to the power of attorney executed by each of the owners of record of the Condominium Units shown on this plat, which owners and the power of attorney with respect to each such 5* , owner is referred to in reception no. of the records of Pitkin County, Colorado, hereby certifies that this Third Amendment to the Plat of the Villa of Aspen Townhouses (a Condominium) has been prepared pursuant to the purposes stated in the Condominium Declaration for said Condominiums, and specifically, this Amended Plat shall be deemed the "Supplement to the 6 2~7 ~12 the original Plat Map of the Villa of Aspen Townhouses (a Condominium) recorded in Book 4, Pages 296 to 302, of the records of Condominium Map" referred to in the First Amendment to the Condominium Declaration for the Villa of Aspen Townhouses Association, Inc., recorded in Book 592 at Page 39 of the records of Pitkin County, Colorado,and does hereby modify and amend lilliÂ· ) ilill, 4 Second Floor 24~. Second Floor Second Floor 2 Second Floor Pitkin County, Colorado, only to the extent of the changes and modifications of the unit boundaries and limited common elements Second Floor 1 1 * 3 1 Il- lj~~it 4 -_IL E subordinated the lien of their deed of trust or mortgages as applicable, hereto as evidenced by the consent thereof referred. and general common elements, all as shown hereon. The consent of all lenders who hold liens on the affected condominium units 1- - Ydnit 2 -Ir as shown hereon have agreed to this Third Amendment to the Plat of the Villa of Aspen Townhouses (a Condominium) and have 6.0 if Unit 1 )1 T J Unit 2 P M i Unit 3 -11 FÂ¥AM Itort thic naw nf 9nl i hâ€ž 94 president of the Villa of Aspen (EL / I .-,f / 'I Deck Un as Fff ~- -TJ || Dll. dewed and approved by the viewed aRd-approJL.ed-by the N F ivnhouses (a Condominium)>r Deck 0/ tly shown hereon. This Plat ements, alteration of general ions provided to me by the I other respects the Original Un oted for filing in the Office of , 2011, and was duly I other respects the Original ted by enclosing the original ly new or expanded decks, Deck 9 - --- ,&11 vidhibl pplaf 11 7.1 426 scale - y' to 15 20 30 110 1"=131 -61/6.1 [Il~I!2INEmE~ 2 ~1Window Well , First Floor '.A According to Colorado Law, you must commence any legal action baeed upon any defect In thls survey within three years alter you lirst discover such defect. In no e,entÂ·mai any action based upon any defect in this survey be commenced more First Floor First Floor . , First Floor First Floor than ten years from the date of the certillcation shown hereon. . PO Box 1730 AlplneSurveys, Inc. Unit 10 IL ~ Unit 13 -11 1 E Unit 14 11 ~ Aspen, Colorado 81612 A-- Unit 16 _ U nit 1 1 2 ele# nj I<+ 6/ mu\An#,Al F#t/44 Unit 12Â« Unit 13' Unit 14 Unit 15 . 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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPENChereinafterCITY)ant J//44 05 ~spEN -73ww/4005*r ~455-oc. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1, APPLICANT has submitted to CITY an application for =Ingâ€¢6=81.4-2 Puc> A Imignet,M.0.4- (hereinafter, THE PROJECT). 2 APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT' S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration. unless current billings are paid in full prior to decision. 5 Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: /~1.- 7/G6--z--- Chris Bendon p fda-4- Community Development Director Date: -7/ 1 1 10,4 Billing Address and Telephone Number: /00 N 8+A s.tr,-2 +- .Ar.,>g/n C.<> 2/ 6 4 3-70 skÂ·/-5Â¥93 ATTACHMENT 2 -LAND USE APPUCATION PROJECT: Name: 1,1114 04- AspEr' 1.616.6"v Assoc . oil -/ Location: /00 N O Th DY reel- (Indicate street address, lot & block number legal description where appropriate) Parcel ID # (REQUIRED) APPLUIANT: Name: 7//64 ~ Aspigal --76wd AowÂ«- Assoc-. Address: /0 0 0 80* s.1 ru 4- Asp- co 8/6.11 Phone #: 3-10 994 5993 REPRESENTATIVE: Name: ,/gl- -'Â¥ 166/7- Address: /Do W 8-fk Street # % Aspen Ce FIGH Phone #: 9 -7 0 5 -79 5 991 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption O Conceptual PUD c , AutÂ©.,62 0 Temporary Use GMQS Allotment Ef Final PUD (& PUD Amendment) O Text/Map Amendment Special Review O Subdivision Â£ Conceptual SPA ESA - 8040 Greenline. Stream O Subdivision Exemption (includes O Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review O Lot Split O Small Lodge Conversion/ Expansion Residential Design Variance O Lot Line Adjustment O Other: Conditional Use EXISTING CONDITIONS: (description ofexisting buildings. uses, previous approvals. etc.) /1-lut-ti-f-'-, Al :~role-A-~-i 6,49Â·tructÂ·c-4 IA /9-YL. pUD< /0,~r *(9-~DN'~la p /il- 11, 1 ,Â£:la?-cU#,Â·45 #n 1789 2Â°4 13 97 . Ins.64, An.2 AAMJ. ih zek,8 -6>reold,IJâ€¢-7, A rlÂ£45 PROPOSAL: (descnptlon of proposed buildings. uses. modificallons. etc.) ,Now,z - 01,J,4,nf pl,â€ž4-- -le refkct- cHA'sÂ·hrT go.-p (,4 cork c.A J.iÂ·25 sÂ·,noe. Ast- /nru Grf,n-61.2 PA+ 04,nu,Ad/Â»1.4 f- /A 1-99-7 Haye you attached the following? FEES DiIE: S [2' Pre-Application Conference Summary [2' Attachment #1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form El Response to Attachment #4. Submittal Requirements- Including Written Responses to Review Standards 0 3-D Model for large Project All plans that are larger than 8.5" X ll" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. m El m 0000 .. July 7, 2011 City of Aspen Community Development Department 131 S. Galena Aspen CO 81611 Re: Villa of Aspen Insubstantial PUD Application - description of the proposal Dear Sirs: The Villa of Aspen Townhouse Association, located at 100 N. 8~h Street, Aspen CO 81611 submits this application for a Third Amendment to the Plat of the Villa of Aspen Townhouses. The purpose of this application is to update the plat to represent remodels that have already been completed with approved building permits since the prior Second Amendment to the plate was filed in 1997. No new construction is involved. Briefly, the buildings in the complex have been expanded over the years since the original PUD ( EX. E). A Second Amendment to the Plat was completed in 1997, containing all additions to buildings as of that date (EX. F). An Insubstantial Amendment was approved in 2008 allowing the addition of decks on certain units. The purpose here is to add to the plat additions made since 1997, including those authorized in 2008. Consistent with direction set forth in the Conference Summary (EX. A), the proposed " Third Amendment to the Plat of the Villa of Aspen Townhouses", ( EX. G), follows the format of the Second Amendment to the Plat ( EX. F). It incorporates all of the changes previously set forth in the Second Amendment and then adds all of the changes made to units from 1997 to the present. The plat notes clearly indicate the changes. Those notes also set forth a dear explanation that the sole purpose of this amendment is to update the plat so that it accurately represents that status of the complex. If needed, these notes can be amended to reference that the changes noted in the Second Amendment are incorporated and only new elements are depicted by the shading and hatching. Since there is no physical development at all of the development associated with this application, the updated plat amendment conforms to all review standards of Section 26.445.100 of the land use code and thus qualifies as an insubstantial amendment. Respectively submitted, t~Â»- -7 95ru., Neil B. Siegel 100 N. 8th street Aspen, CO - Google Maps Page 1 of 1 .. Gougle maps Address 100 N 8th St Notes Vicinity Map Aspen, CO 81611 7 j. 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CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie. 970.429.2758 DATE: 1/18/2011 PROJECT: Villa of Aspen, 100 N. 8~ Street REPRESENTATIVE: Neil Siegel, Villa Homeowner TYPE OF APPLICATION: Insubstantial PUD Amendment DESCRIPTION: The Villa of Aspen is a multi-family property constructed in 1972. Since the original PUD approval, two Insubstantial plat amendments have been filed (in 1989 and 1997) to depict minor additions and improvements constructed over the years. Another Insubstantial Amendment was approved by the Community Development Director in 2008, allowing for decks to be added at Units 81 25, 34, 10 and 24. This was not accompanied by a new plat. The HOA is interested in an update to represent remodels that have been completed with approved building permits. This will be titled the Third Amendment to the Plat of the Villa of Aspen Townhouses and can be modeled on the Second Amendment, induding dear plat notes stating the sole purpose of the amendment. A draft plat will be reviewed by Community Development and Engineering for content and format. Please refer to the Land Use Application form for submittal requirements for an Insubstantial PUD Amendment (see pages 7 and 8). Land Use Application Form: i ittp./iwww.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°/020andÂ°/020Fees/landuseappform.pdf For reference, please refer to the Land Use Code for a summary of the development actions that would boost an amendment from Insubstantial to Substantial. (See Section 26.445.100.A.) Land Use Code: ilit n /i'\,Aâ€žA/\A, Act-,Annitkin rnm/r,AnmrtmAnte/(Rnrnmi inity-11,:1~~c~lrinmAnt/PIAnninn-Anrl-70,nine-i/Titla.08-1 Anfi. Use-Code/ Land Use Code Section(s) 26.445.100.A Insubstantial PUD Amendment Review by: Community Development Staff for complete application Public Hearing: Not required Planning Fees: $735 for Community Development Administrative Review. This includes three (3) hours of staff review time. Additional time over three (3) hours will be billed at $245 per hour. Referral Fees: $212, Engineering, Minor Review Total Deposit: $947 rl : 811 6% .. . Total Number of Application Copies: 2 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information General Requirements: 1-4 Total Deposit for review of application. 1-71 Pre-application Conference Summary. 2,3 Applicant's name, address and telephone number, contained within a letter signed by the appticant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. [71 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 1-71 Completed Land Use application and signed fee agreement. 01 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. '-4 2 copies of the complete application packet and maps. Insubstantial PUD Amendment: [0 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application [~ A copy of the approved PUD 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. .. Jennifer Phelan From: Jennifer Phelan Sent: Wednesday, July 13, 2011 11:07 AM To: 'neilbsiegel@gmail.com' Subject: Insubstantial PUD Application Hi Neil: I've reviewed the application for the Villas of Aspen and need a more detailed letter of consent with regard to applying for the approval. What the city needs is a letter stating that as president of the HOA, you have the authority to apply on behalf of the HOA for the land use approval. Please submit this at your earliest convenience so we can deem the application complete. Kind regards, Jennifer Jer,wziAr Ph,eax,Fl; AIC P Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 .. July 13, 2011 City of Aspen Community Development Department 131 S. Galena Aspen CO 81611 Re: Villa of Aspen Insubstantial PUD Application Permit Number 0049.2011.ASLU Dear Sirs: The Villa of Aspen Townhouse Association, located at 100 N. 8~h Street, Aspen CO 81611 submits this application for an insubstantial PUD Amendment. The purpose is to update the plat to reflect the current state of the complex. No construction of any type is contemplated. The representative authorized to act on behalf of the applicant is: Neil B. Siegel President, Villa of Aspen Townhouse Association 100 N. 8th Street # 8 Aspen CO 81611 970 544 -5443 The authority of the President to act for the Association is expressly found in Section 18.1 of the Condominium Declaration which was added via the Second Amendment to the Condominium Declaration. The Amendment was filed and recorded on December 4,2008, reception number 554750. Section 5 to the amendment added provisions calling for amendment of the condominium map. Section 18.1 states specifically: " The President of the Association shall be authorized to execute such an amendment to the Condominium Map without further action by the Board of Directors, Owners or Mortgagees. " The pertinent pages are attached. This application is filed pursuant to that authority. The attached exhibits forming the complete application are: A. Pre-application Conference Summary 1 .. B. Vicinity map C. Land use application D. Certificate of Ownership E. Original Approved PUD. F. Second Amendment to the Plat G. Written description of the proposal including proposed Third Amendment to the Plat of the Villa of Aspen Townhouses Respectively submitted, 45Â» 9 51--peu Neil B. Siegel 2 .. the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this Article. All such insurance of the Unit shall waive the insurance company's right of subrogation against the Association, other Owners and the servants, agents, guests of any ofthem if such insurance can be obtained in the normal course of business without additional premium charge for the waiver of rights of subrogation. Section 12.6 Owner's Own Insurance is deleted and replaced in its entirety with the following: Section 12.6 Insurance Policies and Procedures. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submission of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess a negligent Owner or Owners causing such loss all deductibles paid by the Association. 4. Casualty Damage or Destruction The first paragraph of Section 13.3 General Authority of Association is deleted and replaced in its entirety with the following paragraph: Section 13.3 General Authoritv of Association. As attorney in fact. the Association shall have full and complete authorization, right and power to make, execute and deliver any contract, deed, or other instrument with respect to the interest of a Condominium Unit Owner which may be necessary or appropriate to exercise the powers herein granted. For purposes of this entire Article XIII only, the term "Project" shall be limited to only those portions of the Proj ect the Association is responsible for insuring pursuant to Section 12.1(a) hereof For purposes o f this entire Article XIII only, the phrase "repair and reconstruction" of the improvements means restoring the Proj ect to substantially the same condition in which it existed prior to damage, with each Unit and the Common Elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair and reconstruction unless the Owners and all first Mortgagees unanimously agree not to rebuild in accordance with the provisions set forth hereinafter. 5. Amending the Condominium Map A Section 18.1 is added as follows Section 18.1 Amendment of Condominium Map In the event the Association takes an action under the Declaration. as amended, requiring the filing of an amendment to the Condominium Map, and does so with the requisite consent of Owners and Mortgagees, the Association shall, without the necessity of any further consent of Owners or Mortgagees, execute and file an amendment to the Condominium Map necessary to document the act taken in the Pitkin County records. Such an amendment to the Condominium Map may restate previous amendments to the Condominium Map in addition to depicting present and/or approved changes to the configuration of the Common Elements, Units or any other aspect of the Project allowed 3 .. under the Declaration. The President of the Association shall be authorized to execute such an amendment to lhe Condominium Map without further action by the Board of Directors, Owners or Mortgagees. The amendment shall contain a sufficient survey description of all Common Elements and the air space of each Unit affected by the change so as to locate the same accurately and properly and otherwise substantially conform to lhe requirements contained in this Declaration. The costs of preparing and recording the amended condominium map and any other documents necessary to memorialize the approved action shall be paid by the party or parties requesting the action. If the action is initiated by the Association. said costs shall be borne by the Association. A Section 18.2 is added as follows: Section 18.2 Approval and Creation of Outdoor Decks. An amendment to the Plat of the Villa of Aspen Townhouses is hereby aulhorized, which shall: (a) restate the outdoor decks depicted on the Second Amendment to the Plat of the Villa of Aspen Townhouses recorded September 22, 1997 at Book 43 and Page 65 of the Pitkin County, Colorado records; (b) depict the location of outdoor decks approved by lhe Association, whether or not said approved decks have been constructed: and (c) indicate that general common elements have been converted to limited common elements and the unit number to which said limited common elements are appurtenant. Said plat map shall be prepared and recorded by the Association in accordance with Section 18.1 of the Declaration. Owners are authorized to construct the outdoor decks as depicted thereon. 6. General The provisions of 1his instrument shall be in addition and supplemental to the provisions contained in the Declaration, except to the extent this Second Amendment expressly changes the provisions thereof. In all other respects, the Declaration shall remain unchanged. 6.1 If any of the provisions of this instrument or any paragraph, sentence. clause, phrase or word, or the application thereof in any circumstance, is invalidated, such invalidity shall not affect the validity of the remainder of this instrument, and the application of any such provision, paragraph, sentence, clause, phrase, or word in any other circumstances shall not be affected thereby. 6.2 The provisions of this instrument shall be in addition and supplemental to any applicable provisions of the Colorado Common Interest Ownership Act and all other provisions of Colorado law. 6.3 Whenever used herein, unless the context shall otherwise provide. the singular shall include the plural, and the use of any gender shall include all genders. Capitalized terms used herein, but not otherwise defined herein, shall have the respective meanings ascribed to them in the Declaration. 6.4 This Second Amendment may be executed in counterparts. Each counterpart shall for all purposes be deemed an original, and all, together. shall constitute one and the same 4 .. July 7, 2011 City of Aspen Community Development Department 131 S. Galena Aspen CO 81611 Re: Villa of Aspen Insubstantial PUD Application Dear Sirs: The Villa of Aspen Townhouse Association, located at 100 N. 8~h Street, Aspen CO 81611 submits this application for an insubstantial PUD Amendment. The purpose is to update the plat to reflect the current state of the complex. No construction of any type is contemplated. The representative authorized to act on behalf of the applicant is: Neil B. Siegel President, Villa of Aspen Townhouse Association 100 N. 8~h Street # 8 Aspen CO 81611 970 544 -5443 The attached exhibits forming the complete application are: A. Pre-application Conference Summary B. Vicinity map C. Land use application D. Certificate of Ownership E. Original Approved PUD. F. Second Amendment to the Plat G. Written description of the proposal induding proposed Third Amendment to the Plat of the Villa of Aspen Townhouses RFr F." "-,~ Respectively submitted, 1 JUL O7 2oll 1~6-* fignÂ«- Cl Neil B. Siegel COMMUNITY OtvELOPMENT .. CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that the following are the owners in fee simple of the following described property : UNIT 1 - JONATHAN GIBANS UNIT 2 - MY BUNGALOW, LLC, A HAWAII LIMITED LIABILITY COMPANY UNIT 3 - ASPEN SQUARE CONDOMINIUM ASSOCIATION INC. UNIT 4 - GARY M. SHERMAN UNIT 5- ASPEN, COLORADO LLC, A COLORADO LIMITED LIABILITY COMPANY UNIT 6 -BRENT H. REED UNIT 7 - MONICA DAHLING NEW UNIT 8 - ELIZABETH N. SIEGEL AND NEIL B. SIEGEL UNIT 9 - JOY EIDSON AS TRUSTEE FOR THE JOY EIDSON REVOCABLE TRUST, AS TO A 1/2 UNDIVIDED INTEREST AND ARVIN WAYNE EIDSON AS TRUSTEE FOR THE ARVIN WAYNE EIDSON REVOCABLE TRUST, AS TO A 1/2 UNDIVIDED INTEREST UNIT 10 - PINION PROPERTIES, LLC UNIT 11 - MICHAEL A. LEVINE UNIT 12 - MARK S. ROTHMAN AND SANDRA C. ROTHMAN UNIT 13 - MICHAEL A. NAIDOFF AND STEPHANIE W. NAIDOFF UNIT 14 - DOUGLAS OTTEN AND GLENDA OTTEN UNIT 15- CHRISTOPHER H. SMITH AND DEBORAH SMITH UNIT 16- DEE R. MATTHEWS UNIT 17 - BRUNT FAMILY LIMITED PARTNERSHIP UNIT 18 - WHITE OAK ASSOCIATES, A TEXAS PARTNERSHIP UNIT 19 - SUZANNE E. ATKINSON UNIT 20 - MIA C. VALLEY e . UNIT 21 - MARTIN BUDD AND AVIVA BUDD UNIT 22 - JUDY D. ANDREWS UNIT 23 - BARBARA S. FELDMAND AND CHESTER FELDMAN UNIT 24 - PATRICIA J. OVERTON UNIT 25 - BARBARA PITCHFORD UNIT 26 - MARTHA AARONS REVOCABLE TRUST DATED MAY 22,2008 UNIT 27 - JAMES R. HARPER UNIT 28 - THE DONNA M. HARPER REVOCABLE TRUST UNIT 29 - JOHN SHURMAN AND CAROLYN SHURMAN UNIT 30 - SHERLYNNE GUEST BRUFF UNIT 31 - SUSAN M. MORRISON REVOCABLE TRUST DATED 9/26/90, SUSAN M. MORRIDON, TRUSTEE UNIT 32 - ALBERT L. BROWN, JR. ASPEN QUALIFIED PERSONAL RESIDENCE TRUST, AN OHIO PERSONAL RESIDENCE TRUST, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST AND MARIAN H BROWN ASPEN QUALIFIED PERSONAL RESIDENCE TRUST, AN OHIO PERSONAL RESIDENCE TRUST, AT TO AN UNDIVIDED ONE-HALF (1/2) INTEREST UNIT 33 - RICHARD GREENBERG AND EILEEN GREENBERG UNIT 34 - WILBUR MCBAY AND SHARON MCBAY UNIT 35 - LIVE OAK ASSOCIATES, A TEXAS PARTNERSHIP UNIT 36 - S&G INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY CONDOMINIUM UNITS 1,2,3,4,5,6,7,8,9, 10, 11, 12, 13, 14, 15, 16,17, 18, 19,20,21,22,23, 24,25,26,27,28,29,30,31,32,33,34,35 AND 36, VILLA OF ASPEN TOWNHOUSES, as shown on the Condominium Map for Villa of Aspen Townhouses appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado in Plat Book 4 at Page 296 and 1st P.U.D. Amendment Plat recorded May 9, 1989 in Plat Book 22 at Page 52 and Second Amendment thereto recorded September 22, 1997 in Plat Book 43 at Page 65, and as defined and described in the Condominium Declaration for Villa of Aspen Townhouses, appearing in such records recorded October 24, 1972 in Book 268 at Page 81, First Amendment thereto recorded May 9, 1989 in Book 592 at Page 39 and Second Amendment thereto recorded December 4,2008 as Reception No. 554750. COUNTY OF PITKIN, STATE OF COLORADO .. ENCUMBRANCES: UNIT 1 Deed of Trust from: JONATHAN GIBANS To the Public Trustee of the County of PITKIN For the use of : ING BANK, FSB Original Amount : $910,000.00 Dated : MARCH 23, 2011 Recorded : MARCH 28, 2011 Reception No. : 578706 UNIT 2 - NONE UNIT 3 Deed of Trust from : ASPEN SQUARE CONDOMINIUM ASSOCIATION INC. To the Public Trustee of the County of PITKIN For the use of : U.S. BANK N.A. Original Amount : $811,000.00 Dated : APRIL 18, 2007 Recorded : MAY 7,2007 Reception No. : 537430 UNIT 4 Deed of Trust from GARY M. SHERMAN To the Public Trustee of the County of PITKIN For the use of : LEHMAN BROTHERS BANK, FSB Original Amount : $637,000.00 Dated : MARCH 14, 2005 Recorded : MARCH 15, 2005 Reception No. : 507935 Deed of Trust from: GARY M. SHERMAN To the Public Trustee of the County of PITKIN For the use of : CITIBANK Original Amount : $843,000.00 Dated APRIL 3,2007 Recorded : APRIL 3,2007 Reception No. : 536116 UNIT 5 - NONE .. UNIT 6 Deed of Trust from: BRENT H. REED To the Public Trustee of the County of PITKIN For the use of : COUNTRYWIDE BANK Original Amount : $417,000.00 Dated : JANUARY 26,2009 Recorded : JANUARY 30,2009 Reception No. : 556103 Deed of Trust from: BRENT H. REED To the Public Trustee of the County of PITKIN For the use of ALPINE BANKASPEN Original Amount : $800,000.00 Dated : AUGUST 3,2009 Recorded : AUGUST 5,2009 Reception No. - 561685 UNIT 7 Deed of Trust from: MONICA DAHLING NEW To the Public Trustee of the County of PITKIN For the use of : AEGIS WHOLESALE CORPORATION Original Amount : $945,000.00 Dated : MAY 22,2006 Recorded MAY 22,2006 Reception No. : 524394 Deed of Trust from MONICA NEW To the Public Trustee of the County of PITKIN For the use of : FISERV ISS AND CO. FBO MICHAEL NEW IRA Original Amount : $60,000.00 Dated : OCTOBER 19, 2006 Recorded : 12/21/2006 Reception No. . 532591 Deed of Trust from: MONICA NEW To the Public Trustee of the County of PITKIN For the use of : FISERV ISS AND CO. FBO JONATHAN NEW IRA Original Amount : $60,000.00 Dated : OCTOBER 19, 2006 Recorded : 12/21/2006 Reception No. : 532592 Deed of Trust from: MONICA NEW To the Public Trustee of the County of PITKIN For the use of : MICHAEL NEWAND JONATHAN NEW Original Amount : $450,000.00 Dated : OCTOBER 19, 2006 Recorded : 12/21/2006 Reception No. : 532593 .. Deed of Trust from: MONICA NEW To the Public Trustee of the County of PITKIN For the use of : JONATHAN NEW Original Amount . $288,413.37 Dated : OCTOBER 19, 2006 Recorded : 12/21/2006 Reception No. : 532594 Deed of Trust from: MONICA NEW To the Public Trustee of the County of PITKIN For the use of : MICHAEL NEW Original Amount : $288,413.37 Dated : OCTOBER 19, 2006 Recorded . 12/21/2006 Reception No. : 532595 UNIT 8 Deed of Trust from: NEIL B. SIEGEL AND ELIZABETH N. SIEGEL To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO BANK, N.A. Original Amount : $363,000.00 Dated : MARCH 17, 2009 Recorded : MARCH 23,2009 Reception No. : 557415 UNIT 9 Deed of Trust from: JOY EIDSON AS TRUSTEE FOR THE JOY EIDSON REVOCABLE TRUST, AS TO A 1/2 UNDIVIDED INTEREST AND ARVIN WAYNE EIDSON AS TRUSTEE FOR THE ARVIN WAYNE EIDSEN REVOCABLE TRUST, AS TO A 1/2 UNDIVIDED INTEREST To the Public Trustee of the County of PITKIN For the use of COMMUNITY BANK OF COLORADO Original Amount : $240,000.00 Dated : SEPTEMBER 4 2007 Recorded : SEPTEMBER 26, 2007 Reception No. : 542478 UNIT 10 - NONE UNIT 11 - NONE UNIT 12 Deed of Trust from: MARK S. ROTHMAN AND SANDRA C. ROTHMAN To the Public Trustee of the County of PITKIN For the use of : ING BANK, FSB Original Amount : $975,000.00 Dated : SEPTEMBER 4,2009 Recorded : SEPTEMBER 11, 2009 Reception No. : 562671 .. UNIT 13 - NONE UNIT 14 Deed of Trust from DOUGLAS OTTEN AND GLENDA OTTEN To the Public Trustee of the County of PITKIN For the use of : WILLOW BEND MORTGAGE COMPANY Original Amount : $729,750.00 Dated : JANUARY 12, 2010 Recorded : JANUARY 14, 2010 Reception No. : 566200 UNIT 15- NONE UNIT 16 Deed of Trust from: DEE R. MATTHEWS To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO HOME MORTGAGE, INC. Original Amount . $422,000.00 Dated : AUGUST 1, 2003 Recorded : AUGUST 5,2003 Reception No. : 486453 Deed of Trust from: DEE R. MATTHEWS To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO BANK, N.A. Original Amount : $100,000.00 Dated : JULY 29,2003 Recorded : AUGUST 25,2003 Reception No. : 487413 UNIT 17 Deed of Trust from: THOMAS BRUNT AND KRISTINE BRUNT To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO BANK, N.A. Original Amount : $1,000,000.00 Dated : SEPTEMBER 29,2005 Recorded : NOVEMBER 23,2005 Reception No. : 517784 UNIT 18 Mortgage from WHITE OAK ASSOCIATES, A TEXAS GENERAL PARTNERSHIP For the use of : BANK OF TEXAS Original Amount : $1,200,000.00 Dated : NOVEMBER 30,2009 Recorded : NOVEMBER 30,2009 Reception No. : 564849 .. UNIT 19 Deed of Trust from: SUZANNE E. ATKINSON To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO BANK, NA Original Amount : $454,000.00 Dated : DECEMBER 11, 2009 Recorded : DECEMBER 16, 2009 Reception No. : 565344 U N IT 20 Deed of Trust from: MIA C. VALLEY To the Public Trustee of the County of PITKIN For the use of : COUNTRYWIDE HOME LOANS, INC. Original Amount : $873,600.00 Dated OCTOBER 7, 2005 Recorded : OCTOBER 7,2005 Reception No. : 515901 Deed of Trust from: MIA C. VALLEY To the Public Trustee of the County of PITKIN For the use of : COUNTRYWIDE BANK, FSB Original Amount : $200,000.00 Dated : OCTOBER 25,2007 Recorded : NOVEMBER 1, 2007 Reception No. : 543727 UNIT 21 - NONE UNIT 22 - NONE UNIT 23 Deed of Trust from: CHESTER FELDMAN AND BARBARA S. FELDMAN To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO BANK, N.A. Original Amount : $1,100,000.00 Dated : JULY 30,2009 Recorded : AUGUST 4,2009 Reception No. : 561643 UNIT 24 - NONE .. U N IT 25 Deed of Trust from: BARBARA PITCHFORD To the Public Trustee of the County of PITKIN For the use of LAURIE FROST MICHAELS Original Amount : $1,168,232.66 Dated : AUGUST 5, 2010 Recorded : AUGUST 6, 2010 Reception No. : 572426 UNIT 26 - NONE UNIT 27 Deed of Trust from: JAMES R. HARPER To the Public Trustee of the County of PITKIN For the use of : SUNTRUST MORTGAGE, INC. Original Amount : $609,000.00 Dated Recorded : APRIL 10, 2006 Reception No. : 522781 Deed of Trust from : JAMES R. HARPER To the Public Trustee of the County of PITKIN For the use of : DONNA HARPER Original Amount : $2,953,000.00 Dated : OCTOBER 15, 2007 Recorded : MARCH 26,2008 Reception No. : 547793 Deed of Trust from: JAMES R. HARPER To the Public Trustee of the County of PITKIN For the use of : BRUCE H. AND JOANNE BOKOR Original Amount : $50,000.00 Dated : JUNE 16, 2008 Recorded : JULY 7,2008 Reception No. : 550780 LIS PENDENS NAMING VILLAS OF ASPEN TOWNHOUSES ASSOCIATION, INC., PLANTIFF RECORDED SEPTEMBER 5,2008 AS RECEPTION NO. 552640 Judgement in favor of DONNA M. HARPER against JAMES R. HARPER in the amount of $2,697,980.00 recorded April 20, 2010 as Reception No. 568688 in Case No. 9CA013648 in the CIRCUIT Court of PINELLAS County, State of FLORIDA. .. U N IT 28 Deed of Trust from: DONNA M. HARPER To the Public Trustee of the County of PITKIN For the use of : BANK OF AMERICA, N.A. Original Amount : $143,000.00 Dated : DECEMBER 27,2007 Recorded : DECEMBER 28,2007 Reception No. : 545330 AND RE-RECORDED JANUARY 8,2008 AS RECEPTION NO. 545668 U N IT 29 Deed of Trust from : JOHN SHURMAN AND CAROLYN SHURMAN To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO BANK, N.A. Original Amount : $347,000.00 Dated : JULY 10, 2009 Recorded : JULY 17, 2009 Reception No. : 560920 Deed of Trust from: JOHN SHURMAN AND CAROLYN SHURMAN To the Public Trustee of the County of PITKIN For the use of : VECTRA BANK COLORADO Original Amount : $75,000.00 Dated : AUGUST 29,2005 Recorded : OCTOBER 18, 2005 Reception No. : 516380 UNIT 30 Deed of Trust from : SHERLYNNE GUEST BRUFF AND HAROLD H. BRUFF To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK ASPEN Original Amount : $250,000.00 Dated : FEBRUARY 21, 2008 Recorded : FEBRUARY 28,2008 Reception No. : 546858 UNIT 31 - NONE UNIT 32 - NONE UNIT 33 - NONE UNIT 34 - NONE U N IT 35 Deed of Trust from : WILLIAM COATS AND NENCY R. MANDERSON To the Public Trustee of the County of PITKIN For the use of : COMPASS BANK Original Amount $488,500.00 Dated : APRIL 17, 2009 Recorded : AP RI L 21, 2009 Reception No. : 558135 UNIT 36 Deed of Trust from: S&G INVESTMENTS, LLC To the Public Trustee of the County of PITKIN For the use of : GIBRALTAR BANK, FSB Original Amount : $868,000.00 Dated : OCTOBER 24,2005 Recorded . OCTOBER 28,2005 Reception No. : 516812 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY 1 3-/T~/AM,+J"/7 authorized signature CERTIFIED TO APRIL 20, 2011 at 8:00 A.M. Job No. PCT23185