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Home My WebLink Aboutcoa.lu.co.918 S Mill St.A145-002737-182-00-045 A14T 00 918 S. Mill St Condominiumization I z��-��z-ck -cv5 �L04 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 8161 t"•" (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 H PC 1046 Zoning and Sign Referral Fees: f L L; 1163 City Engineer 7 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1 165 Remo Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: - ADDRESS/ PROJECT: PRONE: CHECK# CASE/PERMIT#: ! 1' ( # OF COPIES: DATE: INITIAL:�� L— a 16 CASE NUMBER PARCEL ID # 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 A145-00 2737-182-00045 918 S. Mill St Condom iniumization 918 S. Mill St. James Lindt Condom iniumization Macapa Corporation Kaufman and Peterson Plat Recorded 6/1 /01 J. Lindt 0 0 PARCEL ID: 2737-182-00045 DATE RCVD: 11/17700 # COPIES:— CASE NO A14 00 CASE NAME: 918 S. Mill St Condominiumization PLNR: 7 di— PROJ ADDR; 918 S. Mill St, CASE TYP: Condominiumization STEPS:F OWN/APP: Macapa Corporation ADR 9465 Wilshire Blvd. ste C/S/Z: lBeverly Hills/CA/902 PHN: (310)246-1146 REP: Kaufman and Peterson ADR: 315 E Hyman, ste 305 C/S/Z: Aspen/CO/81611 PHN (970)925-8166 FEES DUE: 265 FF 170 E FEES RCVD: 435 STAT: I REFERRALS REF: — BY � DUE: f MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: CITY COUNCIL:F� REMARKS PZ: CLOSED: BY: BOA: �u r DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN:) LAW OFFICES PKAUFMAN & PETERSON, P.C. OPERATING ACCOUNT 315 E HYMAN AVE. 925-8166 ASPEN, CO 81611 PAY TO THE ORDER OF o f �1 0 Alpine Bank 500 Eaet Mopklne, S.Ite 001 Aspen, CO 81611 (970) 920-4800 • Alpine Info -line (970) 945-4433 11'0000 3 5 LO"m L0 2 LO 340 71: 3510 jh DATE 82-340/1021 << \-y 1 1� t � i y�5. C7O O d 0 �.. i� D OLLARS i! MEMORANDUM TO: Plans were routed to those departments checked -off below: V.......... City Engineer O ........... Zoning Officer O ........... Housing Director O ........... Parks Department O ........... Aspen Fire Marshal O ........... City Water O ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning FROM: James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5104 Fax-920.5439 RE: 918 S. Mill Street Condominiumization Parcel ID #2737-182-00-045 DATE: November 29, 2000 COMMENTS: Please return comments to me by December 13th. No DRC needed unless Engineering requests it. Thank You, James Lindt BROOKE A. PETERSON GIDEON I. KAUFMAN* OF COUNSEL: HAL S. DISHLER** TERRI J. KAFRISSEN ALSO ADMITTED IN MARYLAND ALSO ADMITTED IN TEXAS LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE, SUITE 305 ASPEN,COLORADO 81611 ' November 17, 2000 ASPchI comml ,�7 Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: Macapa Corp., a Colorado corporation Ladies and Gentlemen: TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 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 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 18, Township 10 south, Range 84 west of the 6`' 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 (13)(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: 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. ft 5. Proof of approved ADU, consisting of signed Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.40.090 of the 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. 10). 6. An 8'/2 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. BAP/ljk Enclosures cc: Macapa Corporation Yours very truly, KAUFMAN & PETERSON, P.C. 0 LAW OFFICES OF BROOKE A. PETERSON KAUFMAN & PETERSON, P.C. TELEPHONE GIDEON I. KAUFMAN* 315 EAST HYMAN AVENUE, SUITE 305 (970) 925-6166 ASPEN, COLORADO 81611 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 Corp., 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 6`' P.M., Pitkin County, Colorado described as follows: Beginning at the Northeast corner of Lot 3, Capitol Hill Addition thence N 75°09' W 99.18 feet to the easterly right of way of South Mill Street; thence S 14°55' 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 74°55' E 99.08 feet along the Northerly line of Lot 3, Aspen Mountain Subdivision; thence N 15°00' 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 duly 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: 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 July 2, 1986 in Book 513 at Page 968. L� r] 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 BROOKS A. PETERSON or TERRI J. KAFRISSEN of Kaufman & 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 of the 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 of Macapa 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 101?% day of 14ov< tho-e< , 2000. MACAPA CORP., A COLORADO CORPORATION By: Paul Marci no, President STATE OF CA0-ToldiA ) SS. COUNTY OF J.1)s , tJ6,tl S ) The foregoing instrument was acknowledged and sworn to before me this 10* day of NoVc M be ( 12000 by Paul Marciano as President of Macapa Corp., a Colorado Corporation. WITNESS my hand and official seal. My commission expires: MARIA ARUWOA L ELOMINA Corrxnlsslon # 1259396 z NotM Public - Collfaniat L= Angelus County My Coffm bpkes Apr 3. 2004 Notary Public 0 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 Z day of (50.0h.fr , 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: The Unit as identified heremabove 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 any one 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 STATE OF GAJAFOR:TJA ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before m day of _ 1997, by Paul Marciano as President of Horsehea a Colorado Corporation. WITNESS my hand and ial seal. My commissio Tres: ageement\deed-m3tric-acc-dwelling 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ,� �n i 7 . -2. County of 60-r xi7 On (�Gfr� 6e" ? / O�9;r before me, / /ll,-7 e /V /uS� ��.6/1 �— Date Name and Title of Officer (e.g., 'Jane Dog, Notary Public-) personally appeared Name(s) of Signer(s) • DICE M. BU,' COMM. #1116274 = d NOTARY PUBLIC - CALIFORNIA � LOS ANGELES COUNTY My Comm. Expires Nov 11, 2000 ,,-Wersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personX whose namXis/subscribed to the within instrument and acknowledged to me that he/six /thd executed the same in his/ha(/thor authorized capacity(ie,%�' and that by his/hit/thef'r signature(,s'f on the instrument the person(A',or the entity upon behalf of which the person(sf acted, executed the instrument. WITNESS my hand and official seal. /// . 4� Signature of Notary Public 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 ce�rso Title or Type of Document: A-/ 6 Document Date: 61--'7`D 6ci /9 �/ Number of Pages: — y Signer(s) Other Than Named Above: ,4ZZ- Capacity(ie�s) Claimed by Signer(s) Signer's Name:�/ jq�e . g� ❑ Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Top of thumb here Signer Is Representing: Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 1996 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder, Call Toll -Free 1.900-d1&-bd2I 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 SW1/4 NW1/4 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 750091W 99.18 feet to the Easterly right of way of South Mill Street; thence S 14/55127/1 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 15100' E 68.03 feet along the line of Lot 3, Aspen Mountain Subdivision and Lot 12 Anthony Acres Subdivision to the point of beginning. ■ ■ ■ •■■■: ■ ■ ASPENIPITKIN COMMUNITY DEVELOPM3?NT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Macapa Corp. , a Colorado corporation (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for condominimization of 918 South MIll Street, See attached Exhibit A. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a 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 nor 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for projecr 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 rig`tt to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount ofS435 . 00 which is for fee*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. 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. *,and $170.00 for engineering fees (included) n CITY OF ASPEN APPqp�a%'- Macrpy: Julie Ann Woods A.Community Development Director D te g:\support\forms\agrpayas.doc 12/27/99 a�Col�rado corporation tek's Attorney in Fact or Pa 1 Marciano Mailing Address: c/o Brooke A. Peterson, Esq. Kaufman & Peterson, PC 315 East Hyman Avenue, Suite 305 Aspen CO 81611 VIA HAND DELIVERY October 26, 2000 Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: Macapa Corp., a Colorado corporation Ladies and Gentlemen: Please be advised that the Applicant'�s name is Macapa Corp., a Colorado corporation (the "Applicant") and i s address is c/o Paul Mar�f ano, 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 r By: Paul MarNa4o as President 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 _-7t" day of (5c _r, h r , 1997, by HORSEHEAD, NC., 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 NTERGOVERNMENTAL 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 any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. LY WITNESS WHEREOF, Owner has placed its duly authorized signature hereto on the date as described above. OWNER: HORSEHEAD, INC., a Colorado Corporation By: Paul Marcia , President Mailing Address: c/o Guess ?, Inc. 150 South Rodeo Drive, Suite 270 Beverly Hills, California 90212 ) ss. COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before m day of _ 1997, by Paul Marciano as President of Horsehead , a Colorado Corporation. WITNESS my hand and ial seal. My commissio Tres: agrcctnent\decd-restric-acc-dwcllmg 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On (�G/z� 6�i / �9� before me, /J /Qit 2 /� c�S� �� 6/� �— Dates Name and Titfe of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Name(s) of Signer(s) ,�ersonally known to me U proved to me on the basis of satisfactory evidence to be the personX whose nameois/subscribed to the within instrument and acknowledged to me that he/slx;6/they executed the same in his/hp,(/their authorized capacity(ieW and that by his/hit/their signaturec4on the instrument the person(,af, or the entity upon behalf of which the person(s' acted, executed the instrument. DIANE M. BL COMM. #1116274 I WITNESS my hand and official seal. Q NOTARY PUBUC • CALIFORNIA YL LOS ANGELES COUNTY My Comm. Expires Nov 11, 2000 Signature of Notary Public 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 Title or Type of Document: U4 4-/ -76 Document Date: 1'�),!�27D f_7ci �,. /� Number of Pages: -' y Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual /99�Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: Is Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Top of thumb nere 0 1996 National Notary A33ociation • 8236 Rommel Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder. Call foe-rree t -tsw a r o-oo�i EXHIBIT A A parcel of land being portions of Lots 3, 4 and 5 within the Little Chief Lode USMS 3950, Capitol Hill Addition to the City and Tcwnsite of Aspen and a portion of the Big Chief Lode USMS 4327 all situated in the SW1/4 NW1/4 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 750091W 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. 0�1./[711y v[:! f1� - ' ' `'�rcl Vq v - caet ! kA � ''3�f • �� IW ON] c/t 4-p"y of t - f D. I $44 AS 'T � � n �Jlllfoteny V 0 " Oo VICINITY MAP REPRODUCED FROM CITY OF ASPEN G.I.S. MAP I INCH - 400 FT. LEGEND & NOTES FOUND SURVEY MONUMENT NO. S REBAR WITH CAP AS NOTED 9 SET SPIKE SURVEY CONTROL PITKIN COUNTY TITLE INC. TITLE COMMITMENT NO. PCT-14800PR DATED SEPT. 29, 2006 WAS USED IN THE PREPARATION OF THIS SURVEY AND ALL EASEMENTS ARE SHOWN HEREON. ❑ UTILITY PEDESTAL ® ELECTRICAL TRANSFORMER r --e WOOD FENCE POSTED ADDRESS IS '0918 S. MILL STREET- PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION DESCRIPTION: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY James Lindt, 920.5104 Subdivision exemption for Condom iniumization Condominium ization of existing platted land and house Land Use Code Section(s) 26.480.090 Condominiumization 26.304 Development Review Procedures DATE: Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. Public Hearing: No. Referral Agencies: Engineering Planning Fees: Planning Flat Fee $265 Referral Agency Fees: Engineering $170 Total Deposit: $435 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 1/2" 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: $11 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 may or may not be accurate. The summary does not create a legal or vested right. �r L IR r 'w 0' /47' .1 Pn J/ `rr fY CONDOMINIUM MAP 918 MILL STREET TOWNHOMES A COLORADO COMMON INTEREST COMMUNITY OWNER'S & MORTGAGEE'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT MACADA CORP. A COLORADO CORPORATION BEING THE RECORD OWNER OD THE HEREON DESCRIBED REAL PROPERTY SITUATED IN CITY OF ASPEN, PITKIN COUNTY, COLORADO HAVE BY THESE PRESENTS CONDOMINIUMIZED SAID PROPERTY AND THE MPROVEMENTS THEREON INTO UNITS A AND B 918 SOUTH MILL STREET TOWNHOMES AND PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE 918 SOUTH MILL STREET TOWNHOMES RECORDED 1999 AS RECEPTION NO. EXECUTED THIS _ DAY OF , 200_ MACAPA CORP., A COLORADO CORPORATION v iLdMC fc�Qott Q PRESIDENT ATTEST- SECRETARY •o Q.9 77MMNi _ `V STATE OF COLORADO ) C_ / ' COUNTY OF PITKIN fig QQ sr _ `I [-/,l/f r f _ THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 4ai�IY� ] 200_ BY PRESIDENT AND _ SECRETARY OF MACAPA CORP') A COLORADO CORPORATION AS OWNER. ) WITNESS MY HAND AND OFFICIAL SEAL ��e�ir M ` )� ( MY COMMISSION EXPIRES: NOTARY PUBLIC � 0 SSOCAT Cit � 7�W'�r_ A BEEINGNTTHESMORTGAGEEUOF THEOHEREDINRDESCRIBEDTREALOPROPERTYF WELLSFASGEVAROBIDEkEDABYO THATADEEDIOFION, Y 0 0 D %; _ '' TRUST RECORDED AS RECEPTION N0. 438781 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, ! COLORADO HEREBY CONSENTS TO THE RECORDING OF THIS MAP. /t �n 'aspen /% �� [ WELLS FARGO BANK I i L\`� BY: AS TITLE STATE OF COLORADO ) JLjI J/ ) 8 C �Q. COUNTY OF PITKIN ) o THE FOREGOING MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF - r / SET NO. 4 REBAR L Q T _t 200_ BY ) AS (TITLE) OF WELLS FARGO V I C I N I T Y MAP RED CAP LS 16129 �� BANK) NATIONAL ASSOCIATION REPRODUCED FROM C I TY4OF ASPEN G. I . S . MAP 111 ❑ gNTH0/v y gCRES WITNESS I TNESS MS I ONND AND OFFICIAL SEAL C.NOTARY PUBLIC LEGEND & NOTES � 0 E. s • EA • FOUND SURVEY MONUMENT NO. 5 REBAR WITH CAP AS NOTED ELECTRI 8K sN Epp Nr N 75,09 TRANSFORMER 968 9g SET SPIKE SURVEY CONTROL !B- W TITLE CERTIFICATE B ® \ \ G.C•E THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. PITKIN COUNTY TITLE INC. TITLE COMMITMENT N0. PCT 14800PR REGISTERED TO DO BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT DATED SEPT. 29, 2006 WAS USED IN THE PREPARATION OF THIS SURVEY v ORiy `_ SHfD THE PERSONS LISTED AS OWNERS ON THIS PLAT d0 HOLD FEE SIMPLE TITLE TO THE WITHIN AND ALL EASEMENTS ARE SHOWN HEREON. EWAY Is, �� DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT ❑ UTILITY PEDESTAL M O C C. DOWN y ?5 �` O THOSE LISTED ON THE OWNIiR'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT L WALkW DECK OF TITLE NOR AN OPINION OF TITLE, NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD ® AY L C RAGE G.0 AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED ELECTRICAL TRANSFORMER 2 ° u w l.0 E Uly1r'a' - a E. WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT 3 v q / UN�f 6 Sr ONCE ^ �� / ALUM CAP CONTAINED HEREIN. RUCtURE \ -�— WOOD FENCE O ^ 5 M G. DATED: 200_. p �n VINCENT J. HIGENS PRESIDENT WAL)4' `O PITKIN COUNTY T I Tt E INC. OSTEWRESS IS '0918 S. MILL STREET' v C f. ENTRY A I LENRTY 5. YARD AREA 600 E. HOPKINS AVE.' NET A �NC,E ^ 8 35 UN)T a JO 9S, m L.C.E. UNIT B ASPEN, COLORADO 8161I ELEVATION DATUM BASED ON USC&GS �CHMAR& THE SOUTHWEST CORNER i4 " STATE OF COLORADO) OF THE PITKIN COUNTY COURTHOUSE 7,906.8 FT. AND CARRIED BY • J • • y. \ A C Q TRAVERSE TO THIS SITE. om-- J,6. (3. /f N T T 12 COUNTY OF PIKTIN )`s U • ' •/ , q NQN)' THE FOREGOING 11TLE CERTIFICATE WTS ACKNOWLEDGED BEFORE ME TH S G.C.E. 4ENERAL 0MMON ELEMENT ' ro • L.C.E. LIMITED COMMON ELEMENT i // C DAY OF 200_ BY VINC. J. HIGENS RES AS PRESIDENT OF PITKIN COUNTY TITLE, INC. WITNESS MY HAND AND OFFICIAL SEAL - m 2 STORY MASONRY DUPLEX BUILDING o F AiUM CAP MY COMMISSION EXPIRES NOTARY PUBLIC SURVEYOR'S CERTIFICATE I DAVID W. McBRIDE, HEREBY CERTIFY THAT IN MAR. 1997, APR. 1999 6 OCT. 2000 A SURVEY WAS I PERFORMED UNDER MY DIRECTION AND SUPERVISON OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LNES, AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE COMMITMENT PCT-14800 DATED SEPT. 29 2000 ARE ACCURATELY SHOWN ON THIS MAP, AND THAT THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION OF THE BUILDING AND INDIVIDUAL UNITS AND UNIT DESIGNATIONS THEREOF. THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SIGNED THIS _._ DAY OF _ , 200_. DAV V/S OF BEAR/NG c `/ s " c ASPEN SURVEBRENGINEERS612NC. S 9g'OB' ASPEN, GALENA 6ST. SCALE • 11 1 INCH - 10 FEET CITY ENGINEER'S APPROVAL THIS CONDOMINIUM MAP WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF , 200. Y A i N SUB l V 1 S J QN YPLAST ELLOW 76 NICK ADEH, CITY ENGINEER CAP 21C COMMUNITY DEVELOPMENT APPROVAL THIS CONDOMINIUM MAP WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN PLANNING DEPARTMENT ON THIS _ DAY OF , 200_. JULIE ANNE WOODS, DIRECTOR LEGAL DESCRIPTION A PARCEL OF LAND BEING PORTIONS OF LOTS 3 4 AND 5 WITHIN THE LITTLE CHIEF LODE USMS CAPITOL HILL ADDITION TO THE CITY AND SITE CLERK A N D RECORDER'S ACCEPTANCE ORT1 OF ASPEN AND A PORTION OF THE BIG CHIEF LODE USMS 4327 ALL SITUATED SITUATED IN THE SWI/4 NWI/4 OF SECTION IS TOWNSHIP 10 SOUTH y RANGE 84 WEST OF ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, THE 6th P.M., PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: COLORADO AT _ O'CLOCK _.M. ON THIS DAY OF 200_ IN PLAT BOOK AT PAGE AS RECEPTION NUMBER BEGINNING AT THE NORTHEAST CORNER OF LOT 3, CAPITOL HILL ADDITION THENCE N 75'09'W 99.18 FEET TO THE EASTERLY RIGHT OF WAY OF SOUTH MILL STREET- THENCE S 14'55'27'W 67.63 FEET ALONG THE EASTERLY RIGHT OF WAY OF SOUTH MILL STREET TO THE INTERSECTION OF THE NORTHERLY LINE ON OF LOT 3 ASPEN MOUNTAIN SUBDIVISION• THENCE S 74'55'E 99.08 FEETSILVIA I INDEX DAVIS, CLERK AND RECORDER ALONG THE NORTHERLY LINE OF LOT 3 MOUNTAIN SUBDIVISION; THENCE N 15'00' E 68.03 FEET ALONG THE LINE OF LOT 3 ASPEN MOUNTAIN SUBDIVISION AND LOT 12, ANTHONY ACRES SUBDIVISION TO THE POINT OF SHEET 1 SITE PLAN, CERTIFICATES 6 VICINITY MAP BEGINNNG. CONTAINING 6,724 SQUARE FEET 0.1544 ACRES MORE OR LESS SHEET 2 PLAN VIEWS PREPARED BY SHEET 3 ELEVATIONS ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION P.O. BOX 2506 BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU ASPEN, COLO. 81611 FIRSTDISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED PHONE/FAX (970) 925-3816 UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SHEET I OF 3 ,job no. 15140.A OCT. 30, 2000 13.0• N n 1.55' BALCONY L.C.E. n UNIT A 1.55' e d) 0 P' n 17.15' w BALCONY L.C.E. UNIT A UNIT •A• 1,040 sq.ft. airspace O N 4.3 0 BALCONY 7.9' L.C.E. 12.0' a� UNIT B 0.7' PARTY WALL a UNIT •B• 4s' w '^ 1,030 sq.ft. n airspace rn N O O 16.95' _ 12.75' BALCONY L.C.E. UNIT B • SECOND FLOOR PLAN VIEW • DRIVE DOWN -a I]FBASEMENT LEVEL G.C.E. 8.25' ut N N 4.45' 13.35' O ri 7.8' a �n 20.25' 0.3' co;aA.D.U. zr_ 1.05ART' �oz 1 .5' U N I T • B• WALLY ran - SEE 0. 560 sO.FT. a RECEPT.• 8 ¢ w 0.7' AIRSPACE N 411087 w -4 UNIT • A• PARTY N N N J WALL 8 ��25m N n 990 SO FT. ' AIRSPACE' - UNIT 'e• 8.7' S05 SO FT. 8 7' AIRSPACE 9 8 O. of r7 a a ea 8.15' N 13.55' 12.8' �n 8' y N O. 3.2' 'O 8.2' N BALCONY I BALCONY 8.3' 3.3' L.C.E. L.C.E. UNIT A UNIT B WALKWAY L.C.E. UNIT A -- WALKWAY L.C.E. UNIT B / GARDEN LEVEL PLAN VIEW CONDOMINIJM MAP OF 918 MILL STREET TOWNHOMES A COLORADO COMMON INTEREST COMMUNITY SCALE I INCH - 10 FEET 0 5 15 20 LEGEND & NOTES G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT 12.5' - GARAGE 5 ENTRANCE STRUCTURE Y a G.C.E. °D 13.05' - 8.25' 12.8' N m 8.2 �d o � 19.65' a 0.7' 95 PARTY z WALL c w c . - 5.6' � J • UNIT A m m UNIT •B' N I.as• N N 1,060 sq.ft.•/- 1,100 aq.ft.•/- N 0 air apace air space - ao 7 A' in � 10.5' 10.55' 7.8' n rn BALCONY BALCONY BALCONY 0 3.65' `s•3.55 BALCONY ,e L.C.E. L.C.E. a 11.2" L.C.E. L.C.E. II UNIT A UNIT B UNIT B UNIT A FIRST FLOOR PLAN VIEW 13.35' 8.55' 8.0' .' DRIVE UP o G.C.E. G.C.E. MECH EQUIP 18.4' 26.3' 9.35' .L.C.E.UNIT B MECH. ROOM G.C.E. UNIT A ^ N 3.9'1 13.6' a . i. PARKING AREA 7 3 O N UNIT B G.C.E. w G.C.E. ^_ N I50 SOFT N P UNIT A a AIRSPACE n - 150 SOFT 12.8• AIRSPACE '^ 12.5' 8' .8' 15.1' 1 19.0• PARKING AREA G.C.E. N SHEET 2 OF 3 G.C.E. 76.25' BASEMENT LEVEL PLAN VIEW PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET P.O. BOX 2506 ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 job no. 15140.A OCT. 30, 2000 UNIT A RIDGE 8,015.8- %� UNIT A GARAGE ENTRANCE STRUCTURE _ -- — --- -- ---- -- ---� • � GRADE UNIT A G.C.E. MECH. ROOM 1F G.C.E. PARKING AREA WEST ELEVATION CONDOMINIUM MAP OF 918 MILL STREET TO WNHOMES A COLORADO COMMON INTEREST COMMUNITY RIDGE 8,038.3- RIDGE EAVE 8029.25' GRADE �w Z U Z Ur a w • 0 • • is 0 • UPPER LEVEL FLOOR 8,020.0- MAIN LEVEL FLOOR 8,009.9' GARDEN IEVFL FLOOR 7,999.9- GARAGE LEVEL FLOOR 7,989.65- SCALE I INCH - 10 FEET 0 5 ID 15 20 G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT Y J a SOUTH w MILL STREET <n TOP RETAIN WALL it 40 SHEET 3 OF 3 SOUTH ELEVATION GRADE PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET P.O. BOX 2506 ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 job no. 15140.A OCT. 30, 2000