HomeMy WebLinkAboutLanduse Case.CO.914 Waters Ave.A028-00
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CASE NUMBER
PARCEL In #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A028-00
2737-182-61706
914 Waters Condomiumization
914 Waters Ave.
Chris Bendon
Condominiumization
914 Waters LLC./ C/o of Austin Lawrence Partners LL
Herb Klein
Approved
12/19/00
J. Lindt
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HERBERT S. KLEIN
MILLARD J. ZIMIT'
OF COUNSEL:
JACQUELINE L. GARDNER
*also admitted in New York
PROFESSIONAL CORPORAllON
ATTORNEYS AT LAW
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March 8, 2000
201 NORTH MILL STREET
SUITE 203
ASPEN, COLORADO 8161 1
TEL: (970) 925-8700
FAX: (970) 925-3977
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Via Hand Deliverv
Julie Ann Woods
Aspen Community Development Director
130 S. Galena St.
Aspen, Colorado 81611
Re: Application for Condominiumization of 914 Waters Avenue
Dear Julie Ann:
Please accept this application on behalf of 914 Waters LLC,
the owner of the property located at 914 Waters Avenue (formerly
known as the Northstar Lodge), for the condominiumization of this
property pursuant to Section 26.88.070 of the City of Aspen Land
Use Code. The following information is provided:
1. Identification of the Applicant and Consent to Process
Application. Attached at Exhibit 1 is a Consent and
Authorization to Process Land Use Application executed by
Austin Lawrence Partners, LLC, the manager of 914 Waters
LLC, the owner of the property. This document provides
the legal description and the address and telephone
information of the owner who has authorized this firm to
process the application on its behalf.
2. The street address of the property is 914 Waters Avenue,
Aspen, Colorado. The legal description is Lots M, Nand
0, Block 119.
3. Attached at Exhibit 2 is a recent title insurance
commitment identifying ownership of the property and all
mortgages, easements, etc. affecting the property.
4. An 8~ by ll~ vicinity map is attached at Exhibit 3.
5. An improvement survey is part of the condominium plat. An
original mylar and two prints of the condominium plat are
provided herewith. The site is flat and, therefore, no
topography is indicated. The condominium map meets all
the requirements of State law as well as the City of
aspen Land Use Code.
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Julie Ann Wood
March 8, 2000
Page 2
6. Written description of proposal. The proposal is to
condominiumize the existing 21 residential apartments
currently located on the property. Condominiumization of
this property is permitted by State law and the City of
Aspen Land Use Code. The protective covenants contain a
use restriction which requires the units to be treated as
a lodge under the City of Aspen Land Use Code with a
requirement that the units be available for short-term
residential use for not less than six months each year.
7. Also enclosed is a check from 914 Waters, LLC in the
amount of $450 to cover the filing fees. Two copies of
the application are submitted, one for the Community
Development Office and the other for the Engineering
Department.
Please process this application as quickly as possible and
contact me if you have any questions or need additional
information.
Very truly yours,
KLEIN-ZIMET PROFESSIONAL CORPORATION
By:
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Herbert S. Klein, Esq.
sg\hills\148.1tr
Enclosures
MAR-0B-00 09,05 FROM,
H::UM :KL,FIN-ZIMET PC
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Lawrence ParLners
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CONSENT AND AtlTHOJl:tZATJ:OIf TO PROCHSS LA1Q) valli APPLJ:CATJ;9l11
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The undersigned owner, with respect to its property located at
the LOtS M,N and 0, aloc~ 119, Avpen, COlorado, formerly known as
the North~tar ~oage, hereby authorizes Herbert S. Klein, gsq., its
attorney to process on its behalf an application for
condomlniumization and any permi~e or other applications necessary
tor compliance with all conditions associated therewith, f01 th~
Property, now known as the 91.4 Waters Avenue CondominiulIls.
A . facsimile of this authorization may he treated as an
origin !l.
n tad, March 3, 2000
OWNER,
914 WATERS, I.I.e,
a/Colorado ltmieed liability aampaay
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By,
Nama'
~itle:
Cola
08..l\AB
speno
920-49
P.
ger of AUetin Lawrence Partners, LLC.
d limited liabilit1 company its Manager
#202
Ol~:radO 81611
a,fiee ext. 14
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EXHIBIT
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rE8, 8.2000 10:30AM
S~RT TITLE ASPEN
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NO.051
P.4
COMMITMENT FOR 'ITI'LE INSURANca lSSUED BY
STEW ART TIT L E
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A TI'l\IlS COIpOratiol,1; h~l'e!in called the Company, for
valuable considern!ioa, hereby coll1Dlits to issue its polley or policies of title insurance, as id.entifie<l in
Sche<lule A, in favor of the proposed Insured named in Schedule A, si OWller Or mortgagee of the estate
or interest .covered hereby in the land. descril>ed or referred to in Schedule A, upon' paym.ent of the
premiums and charges therefor; all subject to the provisions of SchedulllS A and B and to t)J,e Conditions
and Stipulations hereof:
This Comlllitm,en.t shall be effective ouly when thl! identity of the proposed Insured al!d the amount of
the poliey or policies COIl1Dlitte4 for have been inserted in Schedule A hereof by the Company, either
at the time of the isSWlllce af this Comllli~ or by 51lbsequ~t endofS",ment.
This COll1Dlitment is preliminary to the issuance af such policy ar pQllcies af title' insu.t:lDc:e and all
liability and obligations hereunder shall cease and ferminale six montb..s a6:er the eff~ve dine he~f
or when the policy or policil!$ committed for shall ij;SUe, whichever fint occurs, provided that the
failure to issue such. policy. or policies is not the fault of the Compll1lY. .
Signed under seal for the Company, but this Colll.ll1j,tinenl shall nat be valid or binding WitiI it bean; an
authori.l:ed Cauntenignature. .
IN WITNESS WHEREOF, Stewart Titlo Guaranty Company has C.ause<! its oorporate name and seal to
be he=to affixed by its duly aU!honzed officers on the clate shown in Schedul$ A.
STEWA,aT TlTLE
O.UARANTY CPl<lrANY
CCluntersi$lnE!d;
Authorii:ed Cauntlrs;gnetLlre - ter D=IBD)'
~TBWA\1.T TITLE OF ASPEN, INC.
Agan ID IQIiOIlA
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EXHIBIT
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. Order No. nOO26868
,EB. 8.2000 10: 30RM
S~RT TITLE RSPEN
SCHEDULE A
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NO.061
P.5
Order Number: 00026868
1. Effectivedate: February 07, 2000 Ole 7:30 A.H.
2. Policy or Policies to be issued;
(a) A.L.T.A. Owner's (seanaard)
Amount of Insurance
$ xeD
Proposed Insured:
TO BE DEXERMINED
(b) A.L. T.A. Mongagee's
$
Proposed Insured:
(c) LeaseJu;ld
$
Proposed /mured:
3. The estate or interest in the land described or refrrred ro in this Commitment and covered herein is
fBe simple
4. ntle to the feB simple
estaie or imerest ill said land is at the effective date hereof vested ill;
914 WATERS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this Commitment is described as follows:
see Attached Legal Descripeion
STA.TEMENT OF CllAlIGES
1h""e charges are due and payable before a
Palicy can be issued.
Owners premium $ TBD
(50% discoune will be applied)
S1EWART TITLE OF ASPEN, INC.
620E. Hapkins, Aspen, Co. 81611
FEB. B.2000 10:31RM
S~RRT TITLE RSPEN
SCHEDULE B
Section 1
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NO.051
P.5
Order Number: 00026868
, REQUlREMEms
The jollowing l11'e the requirements to be complied with.-
Item (a) Payment to Or for the account of tile grantors or mortgagors of the full consideration jor the estate or
werest to be in..ured,
Item (b) Proper instTllment(s) creating the estate or interest to be insured mlJ.St be exectued rmd duly filed jor
record, to wit:
1. Release of Deed of Trust dated september 30, IS63, executed by North Star
Partners, a Colorado Partnership, to tbe Public Trustee of Pitkin County, to
seoure an indebtedness of ~55,OOO.00, in favor of BeechKnol1 Nursing Homes,
Inc., recorded September 30, 1~63 in Book 452 at Page 767 as Reception No.
253590.
NOTE: The above "descrJ.b..d Deed of Trl.1.st may bave been paid oEE i.n conneotion
with the sale of the property in April 1988 to The hotel Jerome Limited
Partnership (Pitkin County Title Order No. '1775)., ho..ever no release appears of
record.
2. Quit Claim Deed, Assignment, Termination, Or other satisEactory evidence oE the
Contract To Buy and Sell Real Estate dated Maroh 2B, 1996 betWgen Hotel Jerome
Assooiates, L.P. sellers, and Roaring Fork Par~ers, L.L.C., purohasers,
recorded November 11, 19S6 as Reception No. 3~8944.
NOTE: Said co"tract: was listed as an Exception On Exhibit A to Ge",'ral warranty
Deed oonveying title to 914 Waters, L.L.C., a Colorado Limited Liability
Company, recorded ~anuary 15, 199B as Recepit:on No. 412594.
3. Re-recording QE the Condominium Deolaration ror ~14 Waters Avenue Condominiums,
originally recorded February 4, 2000 as Reception No. 4401GG, to. include
Exhibits A and B, which were referenced in the body oE said Declaration, by not
attached.
4. Duly approved and recorded Con'dominium lIap for Sl4 Waters Avenu.. Condominiums.
5. Partial Release of Deed or Trl.1.st dated January 12, 1998, exeouted by 914
Waters, LLC, to the Public Trustee of Pitkin county to seoure an indebtedness
oE $1,325,000.00 i.n favor or Pitkin County Bank & Trust, recQrded January 15,
1998 as R..oeption No. 4125~5. .
NOTE: Assignment of Rents recorded January 15, l~~B as Reception No. 412596.
NOTS: Disbl.1.rser's Notice recorded Janl.1.ary 15, 1998 as Reception No. 412597.
NOTE, Loan 1I0dification Agreement recOJ:ded January 20, 1S9~ as Recepti.on No.
4267~1, which, among other matters, increased the prinoipal amount secured by
the above Deed of Trust to $1,900,000.00.
G. Parti.al Termination Statement tor Financing Statement: from 914 Waters, LLC,
debtcr(s), to Pitkin county Bank & Trl.1.st, secured party, tiled November IG,
Continued on next page
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rES. 8.2000 10:31AM
S~RT TITLE ASPEN
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NO.0S1
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Concinuaeion oE Schedule B - Section 1
Order Number: 0002686~
1998 as Reception Nos. 424497 and 424498, giving notice of a security interest
pursuant to ehe UnUorm C01:/ml!>rcial Code.
7. Certificate from the management group e~idencing che fact that all Condominium
expenses have been paid pursuane to paragraph 22.1 of the Condominium
D~clarat.ion .
S. Evidenoe saeisfac'Cory to Ste),art Title Gu..ranty CDmpany, furnished by the
Office of the 13b:ector of Finance, City oe Asp..n, ehat the following taxes have
been paid, or' tha~conveyanc8 is exempt ~rom said ~aX8S~
(1) The .Wh..eler R..al Estate Tran.sfer Tax" pursuant to Ordinance No. 20
(Se-ries of 1979) and (2) The "Housing .I1.eal Estate Transfer !l'ax" pursuant to
Ordinance No. 13 (Series of 1990).
9. The following i~ required with respect to 914 Waters, L.L.C., a Colorado
Limited Liability Company:
11. Satisfactory evidence furnis]lII,ri by the S..creeary of State in which
Articles were filed, confirming that sairi Limieed Liability Company is in good
stanriing. (i...., Certificate Df Good Standing, or capy of Arc~cles De
Organi~ation bearing file stamp from th.. Secretary of Sta~...)
b. Copy of the Articles of Or~an~zation of said Limited Liab~lity Company. I
c. Copy of the Operating Agr..ement 0% Ii1I!1.~d Limitea Liability Company.
10, The zollowing is required with respeot 'Co Austin Lawrenoe Partners, LLC,:
a. Satisfaotory evidence furnished by the Secretary oe State ~n which
Articles were ziled, confirming that said Limited L~ability Company is in gODd
stand~ng. (i.e., Certificat.. oz Goori Standing, or co~y of Areicl..s of
Organization bearing f~le stamp from the Secr..tary of State.) .
b. Copy ot the Articles of O~ganization 0% said Limit..ri Liability Company.
c. Copy of the Operating Agreement of sairi Limited Liability Company.
NOTE: This requirem..nt is neoessary b..cause documents of record disolose that
Ausein Lawrence Partners, LLC is the manager of 914 Waters, L.L.C..
11. Deed ex..ou'Ced by all current Manag..rs of 914 Waters, L.L.C., a Colorado Limited
Liability company, vesting ree title in purchaser(s).
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"FEB. 8.2000
10:31RM
St*'RRT
TI TLE RSPEN
SCHEDULE B
Section 2
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NO.051
P.8
Order Number; 00026858
EXCEP110NS
The policy ur policies to be issued will contain e:t.:ceptioTlS to the following unless the same are disposed of to the
satisjacTion of the Company;
1. Rights or claims of parries in possession. not shown by the public records.
2. Easements. or claims of easemellts. /lot shuwn by the public records.
], Discrepl11lcies, conflicts in boundary lines. shortage in area, enaoachments, and I11lY jacts which a correct
survey and iTlSpection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right "to a lien, jor services. labor or material heretofore or hereafter fUrnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other ="ers, if any. created, first appearing in the public
records or atTaching subsequent to the effective .date hereof, but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exr;eptions in patents, or an act authorizing the issuance thereof;
Water rights claims or title to Wilter.
7. Any an~ all unpai~ taxes and assessments an~ any unredeemed tax seles.
8. Excep~icns andressrvaticns as se~ zorth in the Act aQthorizing the issuance Or
the Patent for the City and Townsite of Aspen reeorded March 1, 1897 in Book
139 at Page 21. as Reception Nc. 60155.
9. Exceptions and mineral reservations as set forth in the Patent to the Aspen
To~nsite recor~ed March 1, 1897 in Book 139 at Page 216 as Reception NO. 60155.
10. Reservations and exceptions as set forth in Deed from The Ci.ty of Aspen
recorded September 12, 188S in Book 59, at Page ~e3 as follows, Th~t no title
shall be hereby be acquired to any mine of gold, Silver, cinnabar or copper or
to any valia mining claim or possession held under exisring laws.
11. Enoroachment of ground floor deck onto Waters Avenue as disclosed In Deed
recorded June 6, 1990 in Book 522 at Page 173.
12. Te~ms, cond~~ions~ obligations and res~rictions as set Eorth in City of Aspen
ordinance NO.2, Series of 1997, to re-zone specific properties ~rom ~odge
Preservation to the underlying zoning with a Lodge Preservation overlay,
recorded September 3, 1~97 as Reception No. 40797~.
13. Easement for utility purposes as set forth in Holy Cross Elec~ic Association
Unaerground Right-Or-Way Easement recorded October 15, 1~~8 as Reception No.
423230. .
14. Terms, cona~tionG, obliga~ions and res~rictions as S8~ zor~h in Trench, Conduit
and Vault Ag~e~ment recorded October 15, 19~8 as Reception NO. ~23231.
15. Term~, conditio~s, obliga~ions and restric~ions as set forth in ~he Condominium
Continued on next page
FEB. 8.2000 10:32AM
S~RT TITLE ASPEN
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NO.061
P.9
Continua~ion or Schedule B - Section 2
order Numbsr: ,00026868
Declaration ror 924 Waeers Avenue Condominiums recorded Fsbruary 4, 2000 as
Reception No. 440266, and re-recorded , 2000 as Reception No.
(See requirement)
l6. Any lien that may ateach upon vesting of title in ~e party to be insured.
NorE: Stewart ~itle of Aspen, and/or Stewart ~itle Guaranty Company neither
assume, nor ~ill be charved with any liability under this Committment until
such time as the name o~ ehe proposed insured and ehe amount of insurance ere
made 1cno"n to the Title company.
NOTE: provided that Stewart Title of Aspen, Inc. records the documents or
conveyance in the proposed transaction the staeus or title will be updated from
~e time or this commitment to the time or said recording. If said update
reveals intervening liens or changes in the status or said title appropria~e
Bc~ian(s) will be taken to disclose or eliminate said change prior to the
recording or said documents. If said update reveals no intervening l~ens or
changes in the status of title, Exoeption No. 5 above will be deleted.
NO~E: POlicies iss~ed hereunder will be subject to
eXClusions set forth in the ALTA 1992 Policy form.
POlLcy jaoket, settin~ forth saia ~erms, conditions
made available upon request.
~he terms, condi~iQns, and
Copies of the 1992 form
and exclusions, will be
FEB. 8.~000 10:3~AM
S~RT TITLE ASPEN
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NO.051
P.10
SCT:lEDULE A
Order Number; 00026868
LEGAL DESCfuPTlON
Con.aominium Unit 'No. _, 91~ WATERS AVENUE CONDOMINIUMS, Pitkin county,
Color~do, according to ana subject to the Condominium Deolaration thereoE
reoordea February 4, 2000 as Reception No. 440266, and the Condominium Map Eor
914 Waters Avenue condominiums, Eilea for record in Pl~t BOOK at page as
Reception NO. - -
NOTE: Said Condominiums are to be subdivided Erom the fOllowing paroel:
Lots M, 11' and 0, Block 119, Ci.ty and Townsite of Aspen,
Pitkin County, Colorado
-FEB. 8.2000 10:32AM
~ART TITLE ASPEN
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NO.061
P.12
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CON1>lTloNS AND STlPULAnoNS .
1. The term m.ortgage, when used herein, shall include deed ofttust. trust deed, or
oth~ security instrument.
2. If the pr~posed Insured has or aCquit'es actual knowledge of any defect, lien,
encumbranl:e, ad\'me claittl or oth~ m.atter affecting the estate or interest or
mortgage thereon covered by this Commitmelit other than those shown in
SObedule B heteuf, and shall full to disclose SllCh knowledge to the Complllly in
writing, the COlnpa1\y shall be Mlieved from liability for any loss or damage
resullink fn.m any act of rc1iam:e heteon to the eJttent the Company is prejudiced
by fuilure to so disolose snOb knowledge. If the proposed Insured shall disclose
such knOWledge to the Company, or if the Company othel'Wise acquires actual
knowledge of a:U.y such defect, lien, anoUmbtlllloe, adverse claim Dr other matter,
the Company at its OPtion may am:e.lId SoheduIe B of this Commitment
acC:Ordingly, but such amendment shall not relieve the Company from. liability
previously incurred PUrSuant to Patligtllph 3 of these ConditioDS and Stipulations,
3. Uability of the CompllllY llnder Ibis Commitment shall be only to the named
proposed In:sured and such parties included under the definition of ItlSured in the _
folIll of policy or policies committed for lUJd only for actua1 loss incurred ill
. Ieliance hereon in undertaking in good fliith (a) to colllply with the requiremenlll
hereof, Or (b) to eliminate eli:ceptions shown in SchedUle B, or (0) to. acquire Ot
ctellte the estate at interest ell mortgage thereoh covered by this Commitment. In
no e'i'etlt shall such liability eJtceed the llmount stated in Schedule A fur the policy
Dr policies committed for and snch liability is subject to the insuring provisions, the
Conditions lIIld Stipulations, and the EXClUSions from Coverage of the fonu of
policy or policies comtnitted for in favor of the .J:iroposed Insured which are I!ereby
- illCOIpClrtted by J.'ei'etell.ce llI1d are made a pact of this Comlllillnent except as
expressly modified herein. .
4, Any action or actions or rights of action that the proposed Insured may have or may
bring against the Colnpaay lfrlsing out of the staros of the title to the estate or
i~l or the Status (lfthe mortgage thereoh oovered by this ColI1.l:i1itment must be
based lil111nd are subject to the provisions of this CODimitment,
S'rEW ART TITLE
GUARANTY COMPANY
All notices required to be givM the Company ahd ab.y 5tatenient ill writiilg required to
be furnished the Company shan be adclmsed to it at P.O. BOll: 2029, HoustoI1, Texas
77252, and ~lltify this c6mlllitmettt b~ its printed COMMITMENT ORDER NUM-
BER whioh appears on the bottom of tlie front of the fitSt page of this collllllitment.
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VICINITY MAP
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