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HomeMy WebLinkAboutcoa.lu.co.918 S Mill St.A145-00 ;~ CASE NUMBER PARCELID# 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 i"""\ A 145-00 2737-182-00045 918 S. Mill St Condominiumization 918 S. Mill St. James Lindt Condominiumization Macapa Corporation Kaufman and Peterson Plat Recorded 6/1/01 J. Lindt ,~ :-- TO: FROM: RE: DATE: COMMENTS: 1""", .-, MEMORANDUM Plans were routed to those departments checked-off below: ~.......... City Engineer 0........... Zoning Officer 0........... Housing Director o ........... Parks Department o ........... Aspen Fire Marshal o ........... City Water 0........... Aspen Consolidated Sanitation District 0........... Building Department 0........... Environmental Health o ........... Electric Department 0........... Holy Cross Electric o ........... City Attorney o ........... Streets Department 0........... Historic Preservation Officer o ........... Pitkin County Planning James Lindt, Planning Technician Community Development Department 130 So, Galena St.; Aspen, CO 81611 Phone-920.5104 Fax-920.5439 918 S. Mill Street Condominiumization Parcel ID #2737-182-00-045 November 29, 2000 Please return comments to me by December 13th. No DRC needed unless Engineering requests it. Thank You, James Lindt .. """,, ,-., ......; BROOKE A. PETERSON GIDEON 1. KAUFMAN* LAW OFFICES OF KAUFMAN & PETERSON, P.C. RECElV~m..YMAN AVENUE, SUITE 305 ""'Alil'EN, COLORADO 81611 FACSIMILE (970) 925.1090 TELEPHONE (970) 925.8166 OF COUNSEl. HAL S. DISHLER** TERRI J. KAFRISSEN !tl.'k' ,,- ,Ul;' , ;,il,,{,,; , . , " November17,2000 ASPEN! f:\; "i<i\l COMM!R~lTY DE1>E:~:::::!~";'.;:ENT Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 * ALSO ADMlnEO IN MARYLAND *"'ALSOADMlrn::OINTEXAS Re: Macapa Corp.. a Colorado corporation Ladies and Gentlemen: Please allow this letter to serve as the formal request for permission to condominiumize the newly-constructed duplex improvements located on a portion of Lots 3, 4 and 5 within the Little Chieflode USMS 3850, Capitol Hill Addition to the City and Townsite of Aspen and a portion of the Big Chief Lode USMS 4327 all situated in the SW 1/4 NW 1/4 of section 18, Township 10 south, Range 84 west of the 6th P.M., Pitkin County, Colorado by Macapa Corp., a Colorado corporation (the "Applicant"). The Applicant believes that this Application is in conformance with Section 26.88.070 of the City of Aspen Municipal Code because the enclosed draft of the Condominium Plat, reflecting both of the condominiumized units, complies with the requirements set forth in Section 26.88.070, and because the proposed condominiumization complies with the requirements of the Colorado Common Interest Ownership Act. The enclosed draft of the Condominium Plat, when approved and executed, will meet all of the requirements set forth in Subsection (B)(1)(b). There is nothing atypical about this proposal for condominiumization as it mirrors the condominiumization previously done to The Pyrenees Townhomes located on Lot 1, Phillips/Gordon Lot Split Subdivision and built by A.C.B.B. Properties, LLC, The undersigned believes that we have met all of the requirements set forth in the City of Aspen Pre-Application Conference Summary, a copy of which is enclosed herewith. With this Application you will find enclosed the following: 1. A Deposit of Four Hundred Thirty Five Dollars ($435,00) for review of the Application. 2. A signed Agreement for Payment of City of Aspen Development Application Fees. 3. Proof of Ownership, 4. Power of Attorney. ,,,,,",, , ' ,-. . 5. Proof of approved ADU, consisting M'signed Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.40.090 ofthe City of Aspen Municipal Code, dated October 7, 1997, and cover letter for same reflecting submission of Deed Restriction to Aspen/Pitkin County Housing Office (entered in title commitment policy in Schedule B Section 2 Exceptions, Exception No.1 0). 6. An SY:. x 11 vicinity map locating the parcel within the City of Aspen and the proposed plat from the registered land surveyor. 7. Pre-Application Conference Summary Sheet. Two (2) copies of each of the requested documents have been provided. Should you need any further information, please do not hesitate to contact the office of the undersigned. Yours very truly, BAP/ljk Enclosures cc: Macapa Corporation /'""""\ r-. , , BROOKE A. PETERSON GIDEON I. KAUFMAN" LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TELEPHONE (970) 925-B166 FACSIMILE (970) 925-1090 OF COUNSEL: HAL DISHLER** TERRI J.KAFRISSEN . ALSO ADMITTED IN MARYLAND - ALSO ADMITTED IN TEXAS VIA HAND DELIVERY November 17, 2000 Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: Macapa Corn.. a Colorado corporation Ladies and Gentlemen: Please allow this letter to serve as the letter required by Section 26.52.020 of the City of Aspen Municipal Code regarding ownership of A parcel of land being portions of lots 3, 4 and 5 within the Little Chief Lode USMS 3850, Capitol Hill Addition to the City and Townsite of Aspen and a portion of the Big Chief Lode USMS 4327 all situated in the SW 1/4 NW 1/4 of section 19, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado described as follows: Beginning at the Northeast comer of Lot 3, Capitol Hill Addition thence N 75009' W 99.18 feet to the easterly right of way of South Mill Street; thence S 14055' 27" W 67.63 feet along the Easterly right of way of South Mill Street to the intersection of the Northerly line of Lot 3 Aspen Mountain Subdivision; thence S 74055' E 99.08 feet along the Northerly line of Lot 3, Aspen Mountain Subdivision; thence N 15000' E 68.03 feet along the line of Lot 3, Aspen Mountain Subdivision and Lot 12 Anthony Acres Subdivision to the point of beginning. Based upon my review of the records of Pitkin County, Colorado, as an attorney du1y licensed to practice law in the State of Colorado, I hereby certifY that Macapa Corp., a Colorado corporation, is the owner of the property described above. This ownership is subject to the following mortgage, easements and contracts, none of which, in my opinion, affect Macapa Corporation's ability to apply for condominiumization of the improvements located thereon: 1. General taxes for 2000 due and payable in 2001. 2. Reservations, exceptions and all matters as set forth in Unites States Patent recorded in Book 175 at Page 177 and in Book 175 at Page 208. 3. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded Ju1y 2, 1986 in Book 513 at Page 968. ,-\ .-" " Aspen/Pitkin Community Development Dept. November 17, 2000 Page 2 4. Terms, conditions, provisions and obligations as set forth in Deed Restriction recorded May 2, 1995 in Book 779 at Page 853 and recorded November 26, 1997 as reception No. 411087. 5. Terms, conditions, provisions, obligations and allmatters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded September 10, 1997 as Reception No. 408263 as Resolution No. 97-21. 6. Easements, rights of way and all matters as disclosed on Survey of subject property recorded May 2, 1997 in Plat Book 42 at Page 68. 7. Deed of Trust from Macapa Corp., a Colorado corporation, to the Public Trustee of the County of Pitkin for the use of Wells Fargo Bank National Association, recorded December 20,1999 as Reception No. 438781. Should you have any questions, please do not hesitate to contact me. Yours very truly, BAP/ljk cc: MSJ Properties, LLC /""" ,~ CORPORATE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT MACAPA CORP., a Colorado Corporation, with its principal place of business at c/o Brooke Peterson, Esq., 315 East Hyman Avenue, Suite 305, Aspen, Colorado 81611, does hereby make, constitute and appoint BROOKE A. PETERSON or TERRI J. KAFRISSEN of Kaufrnan & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado, 81611, hereinafter sometimes referred to as "Attorney- in-Fact", to be its Attorney-in-Fact and agent, for it and in its name, and for its benefit, to have full power and authority to do any and all ofthe following: To execute and enter into any and all contracts and/or agreements for condominimization, construction or land use work upon the following described real property in the County of Pitkin, State of Colorado: See Exhibit A attached hereto and incorporated herein by this reference, including, but not limited to, contracts and agreements regarding improvements thereto, and to open and be a signatory upon bank accounts in the name ofMacapa Corp., a Colorado corporation, with full power of substitution or revocation, hereby ratifYing and confirming all that the Attorney-in-Fact shall lawfully do or cause to be done, by virtue of this Corporate Power of Attorney. To make and execute, in my capacity as president or director of Macapa Corp., a Colorado corporation, or individually, any and all promissory notes, security instruments, pledge agreements, assignments of promissory notes and/or deeds of trust, financing statements and loan documents which may be requisite or necessary to evidence any loans to Macapa Corp., a Colorado corporation. IN WITNESS WHEREOF, Macapa Corp., has caused this Corporate Power of Attorney to be signed by its duly authorized officer and its seal affixed this 1rP' day of NO'k: (hf're( 2000. MACAPA CORP" A COLORADO CORPORATION By: 0, President STATE OF C-At-/'fotNIA ) ) ss. COUNTY OF /..Os AtJ6Ut5 ) The foregoing instrument was acknowledged and sworn to before me this lo.Jh day of Nov-e IT\ bd ,2000 by Paul Marciano as President ofMacapa Corp., a Colorado Corporation. WI1NESS my hand and official seal. My commission expires: /Vlq~. J - - - ~~=:~~i fit '*:':;=ob - ~ - - - ~~~~~~I Notary Public ~ ,~ <0 ," ~ -, ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this.1.. day of 6ci" hi r , 1997, by HORSEHEAD, INC., a Colorado corporation ("Owner"), for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). . WHEREAS, Owner owns that parcel of real property located at 918 South Mill Street, City of Aspen, County of Pitkin, State of Colorado, more specifically described on Exhibit A attached hereto and incorporated herein by this reference, upon which is situate two (2) Free Market Dwelling Units, one containing a one (1) bedroom unit located in one of the units and is approximately six hundred (600) net liveable square feet, hereinafter referred to as an accessory dwelling unit ("Unit"); and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be separately condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident-occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction on non-complying tenants. ,-., , , 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce anyone of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS WHEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: HORSEHEAD, INC., a Colorado Corporation By: Paul Marcian ,President Mailing Address: c/o Guess ?, Inc. 150 South Rodeo Drive, Suite 270 Beverly Hills, California 90212 STf.TE OF CALlFOIDIIA ) ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before m . _ day of 1997, by Paul Marciano as President of Horse he a ., a Colorado Corporation. WITNESS my hand and My commissio Ires: lal seal. agrec:mcnt\clccd-restric-acc-dwelling 2 ,''''..." . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of {J~a//7 ,,A M...r ./1/7 P-<!!' /.- r (J County of ~-/Qc On /)e./r, 0.,.. /' ?' / ~;?;r before me, ~ /c? /1 e /' 'lj ~ J f e( 7,-, b/ "c..., Date :=;::::?L Name and Title of Officer (e.g.. ~Jane Doe, Notary Publicj personally appeared ~d ~ ~ /0 / a ~ Nam&(s) of Signer(s) ~rSOnallY known to me o proved to me on the basis of satisfactory evidence j@~ :,,;,,~ ~DiAN ~'EM.BUSCH ( ;r. . COMM. #1116274 :I 0.' .. NOTAIlY PUSUC. CALIFORNIA "OJ] 1: ~ I.OS ANGELES COUNlY ... ) ...."'" MyComm.l:xpires Nov. 11. 2000 ( ~ ~ ~ - - ~ - ~ ~ - ~ - ~ to be the person,\51' whose nam~ is/~subscribed to the within instrument and acknowledged to me that he/sRMI)E(y executed the same in his/hpf/th~r authorized capacity(iElM;' and that by his/h~/therr signature(s) on the instrument the person(,s), or the entity upon behalf of which the person(gf acted, executed the instrument. WITNESS my hand and official.seal. ~~ ~~,.o=~ OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document -----.. d / / -L ---,... _ /' 't!:C'e,s-S"c>";:J ....w~///~ G//7, T L.A:::"= TItle or Type of Document: ~ <1<:2.cJ ~~A.. ./&.7'0.090 CY- , 0 /9.r;r:""" <..I..... N::',/,"'-<f' aod <: Document Date: r)oh nt:' r 7, /9"T 7 Number of Pages: - Y Signer(s) Other Than Named Above: .<I/A Capacity(ies) Claimed by Signer(s) Signer's Na~e: Au i!J ~/'" /..........:h Signer's Name: o Individual ;Jt Corporate Officer TItle(s):-;r"'J ,tft::',<J- o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT TIiUMBPRINT OF SIGNER o Individual o Corporate Officer litle(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb her. Signer Is Representing: #b/.r<f'At'==< //')<' . , Signer Is Representing: C 1996 Natlonal Notary Association. 8236 Remme( Ave.. P.Q.Box 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: CaJl Toll-Free 1.800-876-6827 ,-. .. EXHIBIT A A parcel of land being portions of Lots 3, 4 and 5 within the Little Chief Lode USMS 3850, Capitol Hill Addition to the City and Townsite of Aspen and a portion of the Big Chief Lode USMS 4327 all situated in the SWl/4 NWl/4 of Section 19, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado described as follows: Beginning at the Northeast corner of Lot 3, Capitol Hill Addition thence N 75009'W 99.18 feet to the Easterly right of way of South Mill Street; thence S 14055'27" W 67.63 feet along the Easterly right of way of South Mill Street to the intersection of the Northerly line of Lot 3 Aspen Mountain subdivision; thence S 74055' E 99.08 feet along the Northerly line of Lot 3, Aspen Mountain Subdivision; thence N 15000' E 68.03 feet along the line of Lot 3, Aspen Mountain Subdivision and Lot 12 Anthony Acres Subdivision to the point of beginning. t I"" t'""'I ASPtN/PITKIN CO~DEVELOPMENTDEPARTMENT A~reement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Macapa Corp., a Colorado corporation (hereinafter APPLICANT) AGREE AS FOLLOWS, l. APPLICANT has submitted to CITY an application for condominimization of 918 SouthMIllS'Ereeti See attached Exhibit A. (hereinafter, THE. PROJECT), 2, APPLICANT undel'S=ds and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee strUCNre for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. , ;, 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 funher agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter pemlit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional cOSts may accrue following rl1cir hearings and/or approvals. APPLICANT ""''-'Tees 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 groater cen.inry of recovering its full costs to process APPLlCANT'S application. 4. CITY and APPLlC.-\':'<T funher agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission andlor City COWlci! to make legally required frndlngs for project consideration, unless ""rrent billings are paid in full prior to decision. 5. Therefore, APPLICAXT agrees thar 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 amountofS435'.00 which is for fee* -,,",,*",ef~"il:'-e.............,,~u..t=~ and if actual recorded COSts exceed ,he initial deposi~ APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for thc processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APF'LICANT further agrees that failure to pay such accl'1Jed 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, *, and $170.00 for engineering fees CITY OF ASPEN d..J__.....lc Julie Ann Woods Community DevelopmentDireclor Attorney in Fact Marci Mailing Address: c/o Brooke A. Peterson, Kaufman & Peterson, PC 315 East Hyman Avenue, Suite 305 Aspen. CO 8161] .. Esq. g:\su ppo rtlfo rmslagrpaYlls.doc 12/27/99 _~.._"""._c_..,,...=<,,,,.~.,,",,,"".~,,,,,,,",.,,...ct,,,'~."." ("'" ~, VIA HAND DELIVERY October 26, 2000 Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: Macapa Corn.. a Colorado como ration Ladies and Gentlemen: Please be advised that the Applicant'.s name is Macapa Corp., a Colorado corporation (the "Applicant") and its address is c/o Paul MaJJano, 9465 Wilshire Blvd, Suite 400, Beverly Hills, CA 90211. Mr. MarfJano's telephone number is 310-246-1146. The Applicant's representative is Paul Marfjano whose address and telephone number are listed above, and/or Brooke A. Peterson, Esq., Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado 81611; telephone: 970-925-8166. A copy of the Power of Attorney granting the undersigned the authority to execute this letter is enclosed. Please feel free to contact me if you have any questions. Macapa Corp., a Colorado corporation By: Enclosure '...- , '-', ~ '. ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this 1 day of 6>cY" h, r ,1997, by HORSEHEAD, INC., a Colorado corporation ("Owner"), for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the AspenlPitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). . WHEREAS, Owner owns that parcel of real property located at 918 South Mill Street, City of Aspen, County of Pitkin, State of Colorado, more specifically described on Exhibit A attached hereto and incorporated herein by this reference, upon which is situate two (2) Free Market Dwelling Units, one containing a one (1) bedroom unit located in one of the units and is approximately six hundred (600) net liveable square feet, hereinafter referred to as an accessory dwelling unit ("Unit"); and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy , of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. The Unit as identified hereinabove shall not be separately condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident-occupied" dwelling units. 2. Owner need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction on non-complying tenants. , ,......, ,-, 4. It is understood and agreed by the Owner that no waiver of a breach of imy term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce anyone of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS WHEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: HORSEHEAD, INC., a Colorado Corporation By: Paul Marcian ,President Mailing Address: c/o Guess ?, Inc. 150 South Rodeo Drive, Suite 270 Beverly Hills, California 90212 ST},TE Of C<\LIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before m day of 1997, by Paul Marciano as President of Horse he a ., a Colorado Corporation. WITNESS my hand and My commissio Ires: ~ent\deed.restric.acc:...<fwcl1ing 2 , r'\ ,-, CAUFORNIA ALL.PURPOSE ACKNOWLEDGMENT r~~~::~?l7;::~~~~~~~~~~~~~~~1 ~ County of "--oJ A'1""""'" /-- r ~ ,.z, I' I~ On r.-"e:m N/ --;; / {?;?;r before me,~ /4'/1 e /'vf. ~ 1 r6' 7u./;/C!''''--. :, ; Date.... Name andTitte of Otficer(e.g.. "Jane DoEt. Notary Public") I . " personally appeared -/dM'.t:J /%/C'/a,.<...<..) Name(s) of Signer(s) i #rsonally known to me o proved to me on the basis of satisfactory evidence 1 ~ -DiANE M. BUsCH ( It ,- . COMM. #1116274 J: 0. ,-. NOTAAYPUSUC' CAlIFORNIA:Dl] J:' LOS ANGELES COUNTY ... J ~ :".:- 'F ~:om~.~:~'21.:O~O ( to be the personM whose nam~ is/~subscribed to the within instrument and acknowledged to me that he/sMItheY executed the same in his/hpf'/th>rlr authorized capacity(iE;S7,' and that by his/h~/the1'r signature(s) on the instrument the personW:- or the entity upon behalf of which the person(s) acted, executed the instrument. [< WITNESS my hand and official.seal. .~~ ~1~AO~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document t:::C'e.rS'o Document Date: d r)t?m /u''''- '7 . .~/'l ~~ / /-..-y V /'7; / --:Oe<:..d <JQ <<./ ~~.<.. ..!&. 7/0. 09'0 o /1~4P'<'" <./;f. ;",-,/,<<-<' 6\04' <:: /9"9 7- Number of Pages: - "7 1< Title or Type of Document: Signer(s) Other Than Named Above: Capacity(ies) Clairned by Signer(s) Signer's Na~e: Au tJ ~/<!o',a J2-< Signer's Name: o Individual j3f Corporate Officer Title(s): -;;:r~,J"" Id~;<..,/- o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other. Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in'Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer Is Representing: H6/.r.-.h..--=< //J~ . . Signer Is Representing: Cl.1996 National Notary AsSocIation. 8236 Remmet Ave., P.O. Box 7184. Canoga Park. CA91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1+800-876-6827 1""'\ ,~ .J EXHIBIT A A pqrcel of land being portions of Lots 3, 4 and 5 within the Little Chief Lode USMS 3850, Capitol Hill Addition to the City and Townsite of Aspen and a portion of the Big Chief Lode USMS 4327 all situated in the SWl/4 NWl/4 of Section 19, Township 10 South, Range 84 West of the 6th P.M., pitkin County, Colorado described as follows: Beginning at the Northeast corner of Lot 3, Capitol Hill Addition thence N 75009'W 99.18 feet to the Easterly right of way of South Mill Street; thence S 14055'27" W 67.63 feet along the Easterly right of way of South Mill Street to the intersection of the Northerly line of Lot 3 Aspen Mountain Subdivision; thence S 74055' E 99.08 feet along the Northerly line of Lot 3, Aspen Mountain Subdivision; thence N l5000' E 68.03 feet along the line of Lot 3, Aspen Mountain Subdivision and Lot 12 Anthony Acres Subdivision to the point of beginning. ~ I'J'F:;:'" -::-.....V/R'f'1l~v'1}(f..~;jYl--J ''-!!:'v '-N!,~~"! I,J- ,~ ~D~f:o ~"ift~~~fIfiiJL~tJ;:;j JW~q !-~ltt{f/€' ~ ~';;~i6~ fJrD7)~~::!;;J~fj2 )CCQon~bp ! !;jrr;;::.l 1 '~I fi' -~U~,![) /J!:j , . '-~> , ~~ !i~4M tC~;!~~:"/Q:J-~~Qr;jl{J:f/J!F;~ ~,W. b' -~,JE:jfj \ ,fl... . Ii~ ..,...l!(~--' ~~'-'.l:i i' ~.,. 'Ii ~ ~._ !!r~~i'~~)~-::~ .f '- ...../ (r.:~ J~ '".....~"'-- "/-" ));,,~. _ / 1 '1 /1 . I fl.::, ~i I, .!W{r"'>> ~ l J 1 €: ,..~.' .. -'I '_", I ", /'!' - -'_~Y['. .j . ;i!~.- ,; "0 1/"lr\J /~'_~)f ~ ~-:~::~J>~'!fiiiJ' -.--/:;. '-l -, - "JlJA,. i~/Hr-..J -. \. . I - . ~ . ~~ !~ . _. ! ' r--... .Jr. ,.' "'! :.' ! -'_. """-c._ ,/ ';e , .; -<<.J ~I . .....', I I . E Dee ~~. 'J .... L. '1/ 0 -. I. b[,fflJ' '/ r;:::!j}['~' ""'. I [ ~ C~ i~D:)fiQ.~~W" " .1:' '. Cit ~;'" . tr w,~~;J!LrP1~/?t~ .". rl~'5S Y Of As r /fr-"" {'r'b~ .....- -.,~rJ' u,l~' It Pel} ;/1 C'(7;/ . ~"\;!! I I} 0 l! /} hI (f d:~~' ';"";~ / '/ ,. \, _";;:"'\ II " , .-- \\ ii'" '\< 0\)) \:0 \' ""y\ {: . \' ~ "\1 \.,;, , ,.. VICINITY MAP REPRODUCED FROM CITY OF ASPEN G.I.S. MAP I INCH . 400 FT. LEGEND & NOTES . FOUND SURVEY MONUMENT NO.5 REBAR WITH CAP AS NOTED S SET SPIKE SURVEY CONTROL PITKIN COUNTY TITLE INC. TITLE COMMITMENT NO. PCT-14800PR DATED SEPT. 29, 2000 WAS USED IN THE PREPARATION OF THIS SURVEY AND ALL EASEMENTS ARE SHOWN HEREON. [] UTILITY PEDESTAL ~ ELECTRICAL TRANSFORMER o WOOD FENCE POSTED ADDRESS IS "0918 S. MILL STREET" "...., ,.-., CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 920.51 04 DATE: ~IP? <So ",-vI( II Subdivision exemption for Condominiumization Condominiumization of existing platted land and house Land Use Code Section(s) 26.480.090 Condominiumization 26.304 Development Review Procedures Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. No. Engineering Planning Flat Fee $265 Engineering $170 $435 Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information: I. Total deposit for review of the application. 2. Proof of ownership. 3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 4. Summary letter explaining the request (existing conditions and proposed uses). 5. An 8 112" by I I" vicinity map locating the parcel within the City of Aspen. 6. Old (existing) plat if one exists. 7. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080 8, Copies of prior approvals (from City Clerk) 9. 2 Copies of the complete application packet (items 2-8) Process: Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 2-3 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Plat is then signed by City Engineer. Applicant records the final plat at the County Clerk and Recorder. Recording Fee: $1 I for first page, $10 thereafter. 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 mayor may not be accurate. The summary does not create a legal or vested right.