HomeMy WebLinkAboutcoa.lu.co.328 Park Ave.A104-012737-181-00-045 A104-01
328 Park Ave. Condominiumization
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 8161 1
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1 163 City Engineer
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
t
Other Fees:
1006
Copy
i 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
1 164
School District Land Ded.
TOTAL
i
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK#
CASE/PERMIT#:
DATE:
# OF COPIES:
INITIAL:
CASE NUMBER
A104-01
PARCEL ID #
2737-181-00045
CASE NAME
328 Park Ave. Condominium ization
PROJECT ADDRESS
328 Park Ave.
PLANNER
James Lindt
CASE TYPE
Condom iniumization
OWNER/APPLICANT
328 Park Ave. LLC.
REPRESENTATIVE
Micheal Feigenbaum
DATE OF FINAL ACTION
12/10/01
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
Plat Recorded
BOA ACTION
DATE CLOSED
12/11 /01
BY
J. Lindt
PARCEL ID: 2737-181-00045 10/31/0T S:[----IF7 CASE NO A104-01
CASE NAME: 328 Park Ave. Condominwmization PLNR:' James Lindt
PROJ ADDR: 328 Park Ave. CASE TYP: Condominiumization STEPS:
OWN/APP: 328 Park Ave. LLC. ADR CIS2:
REP: Micheal Feigenbaum ADR: 420 E. Main St , ste 20 C/S/Z: Aspen/CO/81611 925-5196
FEES DUE: 280 FF 180E FEES RCVD: 460
REFERRALS
REFF BY DUE:
MTG DATE REV BODY �'-P"H� NOTICED'
1
----� DATE OF FINAL ACTIONN
:
CITY COUNCIL:
REMARKS'lop
PZ:
CLOSED: 1 ) ^ ( BY: BOA:
L r .V"
PLAT SUBMITD: PLAT DRAC.
T(BK,PG): (r��� ���i - �; ADMINI ._ -�1�
i� zj
MEMORANDUM
To: James Lindt, Community Development
From: Richard Goulding, Project Engineer
Date: November 5, 2001
Re: Park Ave Condominiumization
I fhT Ae as is dose not represent a accurate survey as Northern most building
under construction falls outside the property line
A vicinity map of scale 1:400 is required
Describe all monuments stating whether found or set, where is the monuments
on the North line
What dose the shaded area to the East and West of the property represent
i Show names of all abutting streets and properties
Show basis of bearing on Plat G
Show both trash and snow storage areas on the Plat
The follow certificates need to be signed before the engineering department will
sign
Owners Cert.
Mortgagee's Cert
Surveyor's Cert.
Com Dev Approval
Title Cert.
9) Submit another paper Plat for final review before printing mylars
MEMORANDUM
To: James Lindt, Community Development
From: Richard Goulding, Project Engineer
Date: November 15, 2001
Re: Park Ave Condom iniumization
11/1) The follow certificates need to be signed before the engineering department will
sign
Owners Cert.
Mortgagee's Cert l-
Surveyor's Cert. - �`� }- 5 ! bvV q_d + sha�kp
Com Dev Approval
"Title Cert.
I
Tie the basis of bearing into a city or USGS monument
�3) Show arrows to shaded areas to indicate that area is ROW
4) The North monument symbols differ from both the legends and other symbols
0
0
MEMORANDUM
To: Michael Feigenbaum
Paul Nicolleti
From: James Lindt, City of Aspen Planning Technician
Date: November 5, 2001
Re: 328 Park Ave. Condominium Map- Community Development
Department's Comments
e�/Describe parcel directly under the Plat Title.
S�( Change date on Community Development Director's signature block
g Y P g
3./to 2001.
Encroachment on the north side of property must be removed. It was
not annroved_o���Prmit site elan. ,
4. Include a plat note that states that when construction is completed, a
revised condominium la nd recorded.
Label enera Common Ee`nts and Limited Common Elements on
`the Condo Pla
6. -Afrot e City Engineer's Comments must be reflected on the final set
of two mylar plats in addition to the Community Development
Department's comments.
7. Obtain all signatures with the exception of the City Community
Development Director, City Engineer, and Pitkin County Clerk and
Recorder prior to submitting mylars to Community Development
Department.
MEMORANDUM
TO: Plans �e routed to those departments checked -off below:
�! .......... 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: 328 Park Ave. Condominiumization
Parcel ID #2737-181-00-045
DATE: October 31, 2001
COMMENTS: Please return comments to me by November 9th.
Thank You,
James Lindt
•
•
130 S. Galena St.
Aspen CO 81611
(970)920-5090
(970) 920-5439, fax
To: Mick ae, I Feie*„b rom: I V C4W le-S J-41,
Fax: Z 5 " 5 Pages:
Phone: Date: I 7 61
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Aspen CO 81611
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130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
To:
Paul Nicoletti
From:
James Lindt
Fax:
(760) 564-5758
Pages:
3 (including cover)
Phone:
Date:
11 /8/01
Re:
328 Park Avenue Condo Plat Comments
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Hi Paul,
Please find attached the Community Development Department and City Engineer's comments. Please
have your surveyor make the requested amendments. The City Engineering Department is asking that
you re -submit a corrected paper copy of the plat for review prior to submitting mylar copies because of
the issue with accuracy of the survey. If you have any questions, please contact me at 920-5104.
Thanks,
James Lindt
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
a MV
To:
Michael Feigenbaum
From:
James Lindt
Fax:
925-4559
Pages:
Phone:
Date:
11 /15/01
Re:
328 Condo Plat Comments
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Hi Michael,
Please have the surveyor make the changes to the plat requested by the City Engineer on the attached
memo and have changes #4 and 5 made from my comments to you that are attached. You are ready
for mylars as soon as the requested changes are made.
Thanks,
James Lindt
•
CHARLES T. BRANDT (1939-2001)
GARRET S. BRANDT
MICHAEL FEIGENBAUM
PETER P. DELANY, LEGAL ASSISTANT
CHARLES T. BRANDT & ASSOCIATES, P.C.
ATTORNEYS AT LAW
US BANK BUILDING
420 EAST MAIN STREET, SUITE 204
ASPEN, COLORADO 81611
TELEPHONE: (970) 925-5196
FAX: (970)925-4559
E-MAIL: cbrandj@rof. net
October 31, 2001
By Hand Delivery
Mr. James Lindt
Community Development Department
130 South Galena, 3rd Floor
Aspen, CO 81611
BASALT OFFICE:
132 MIDLAND AVENUE, SUITE 4
BASALT, COLORADo 81621
TELEPHONE: (970) 925-5196
FAx: (970) 925-4559
MICHAEL FEIGENBAUM
E-MAIL: mbf(@rof.net
Re: Application for Subdivision Exemption for Condominiumization
328 Park Avenue, Aspen, Colorado
Dear James:
Please review this application for the following:
Subdivision Exemption
for Condominiumization,
328 Park Avenue
( r%rla Cartinn
26.480.090
26.304.030
In connection with your review, I have enclosed a check in the amount of $460 for the
Planning and Referral Agency fees.
Background
328 Park Avenue, LLC, a Colorado limited liability company, the applicant hereunder, owns
the property located at 328 Park Avenue, Aspen, Colorado, legally known as
A tract of land in the Northeast one -quarter of Section 18, Township 10 South,
Range 84 West of the 6`h P.M., being part of the Mascotte Lode U.S.M.S. No. 5867.
Said tract is more fully described as follows:
Beginning at a point on the South end line of said Mascotte Lode, whence corner
One of the Mascotte bears N 89°46' W 156.90 feet;
thence S 89°46' E 138.76 feet along the South end line of said Mascotte Lode;
thence N 04°54' W 110.44 feet;
thence N 89°46' W 132.39 feet to the Easterly right of way of Park Avenue'
thence Southerly along the Easterly right of way line of Park Avenue S 03°05' E
75.23 feet;
thence S 01°36' W 34.90 feet to the point of beginning.
And as more particularly shown on the Vicinity Map attached hereto as Exhibit A and the
Condominium Plat prepared by Hired Gun Surveying Ltd. attached hereto as Exhibit B. The
applicant submits this application in order to divide the property into two (2) condominium units, as
more fully depicted on the Condominium Plat.
As evidence of ownership of the subject property, a title policy issued by Pitkin County Title,
Inc. is attached hereto as Exhibit C. Also, the applicant's letter confirming that I am its representative
for purposes of this Application is attached hereto as Exhibit D. Copies of prior approvals for the
subject property are attached hereto as Exhibit E. Lastly, I note that there is no existing plat of
record for this property (Item 6 on the Pre -Application Conference Summary, attached hereto as
Exhibit F).
Criteria for Approval
The applicant has satisfied the criteria for the Subdivision Exemption for
Condominiumization described in Section 26.480.090 of the Land Use Code, and the development
review procedures described in Section 26.304 of the Code. Under Section 26.480.090, the applicant
has, pursuant to this Application, submitted for the Planning and Engineering Department's review, a
Condominium Subdivision Plat consistent with the requirements described in Subsection (B)(1)(b)
thereunder. Under Section 26.304, the applicant has satisfied Section 26.304.020 (Pre -application
conference) and hereby has submitted the information and materials described in Section 26.304.30
(B). Lastly, the applicant has satisfied Section 26.304.040 as it owns in fee 100% of the subject
property.
Please call me with any questions you have relating to this application or any of the
information or materials submitted herewith. Thank you for your time and assistance in the prompt
completion of this matter.
Enclosures
cc: Paul Nicoletti
Sincerely,
CHARLES T. BRANDT & ASSOCIATES, P.C.
T
By c, v��
Michael Feigen m
2
DEED OF RIGHT-OF-WAY
328 PARK AVENUE LLC, a Colorado limited liability company ("Grantor"), does hereby grant and
convey to THE CITY OF ASPEN, COLORADO ("Grantee"), for the sum of Ten Dollars ($10.00), and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, a right-of-way for the
purposes of widening, using, constructing, maintaining, repairing and replacing the public streets and appurtenant
sidewalks, known as Park Avenue and Midland Avenue, over, through and across the following described land,
situated in the County of Pitkin, State of Colorado, to wit:
See "Right of Way Area All and "Right of Way Area B" described and depicted oil
Exhibit A attached hereto and made a part hereof.
Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment and use of
the rights herein granted, including but not limited to the free and full right of ingress and egress over and across
said lands.
Grantor hereby warrants and agrees to defend the title to the above -described property.
This Deed covers all of the agreements between the parties and no representations or statements, verbal or
written, have been made modifying, adding to, or changing the terms hereof. This Deed shall insure to the benefit of
and be binding upon the parties, their successors and assigns.
IN WITNESS WHEREOF, Grantor has executed this Deed this � ( day of July, 2001.
328 PARK AVENUE LLC, a
Co o li ted liability company
By, -��
Paul J. Nieoletti, III, Manager
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN 1
The foregoing Deed of Right -of -Way was acknowledged before me on July I, 2001, by Paul J. Ni
Manager of 328 Park Avenue LLC, a Colorado limited liability comppy. A , /I
My corW61iSsiW.&VjV,, °tary Public
My Commission expke
6o1 East Hopkins
Aspen, CO 81611
The City of Aspen
By
P 4 . 1.
,ATTEST: - 1-
the foregoing Deed of Right-of-W
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HIRED GUN SURVEYING, Ltd.
Exhibit A
LEGAL DESCRIPTION
A TRACT OF LAND IN THE NORTHEAST ONE -QUARTER OF SECTION 18,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M., BEING PART
OF THE MASCOTTE LODE U.S.M.S. NO. 5867. SAID TRACT IS MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH END LINE OF SAID MASCOTTE LODE,
WHENCE CORNER ONE OF THE MASCOTTE BEARS N89°46'W 156.90 FEET;
THENCE S89°4WE 138.76 FEET ALONG THE SOUTH END LINE OF SAID
MASCOTTE LODE
THENCE N04:54'1�V 110.44 FEET;
THENCE N8946'W 132.39 FEET TO THE EASTERLY RIGHT OF WAY OF
PARK AVENUE,
THENCE SOUTSIERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF PARK
AVENUE S03005'E 75.23 FEET;
THENCE 501°36'W 34.90 FEET TO THE POINT OF BEGINNING.
R.O. W. Area A
The point of Beginning being the North West property corner of the Paul Nicholetti
Property, being further described above,
THENCE N89046'00"W FOR 13.02 FEET;
THENCE S03005'00"E FOR 75.01 FEET,
THENCE SO 036'00"W FOR 35.13 FEET;
THENCE N89046'00"W FOR 13.00 FEET;
THENCE N01036'00"E FOR 34.90 FEET, -
THENCE N.3005'00"W FOR 75.23 FEET, -
To the point of beginning containing 1431.73 sq. ft. (+/-)
R.O. W. Area B
The point of beginning being the North East property comer of the Paul Nicholetti
Property, being further described above,
THENCE SO4°54'00"E FOR 110.44 FEET;
THENCE N89046'00"W FOR 8.03 FEET,
THENCE N04054'00"W FOR 110.44 FEET;
THENCE S89°46'00"E FOR 8.03 FEET;
To the point of beginning containing 883.52 sq. ft.
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Q0 S. GALENA
ASPEN, CO 81611
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EXHIBIT B
CONDOMINIUM EXEMPTION PLAT
[Attached separately to submittal.]
EXHIBIT :C •
Owner's Policy of Title Insurance
Fidelity National Title Insurance Company
A Stock Company
Policy Number 1312- 198178
OV'`NER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXC4USIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDOJ E B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL
TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date
of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
I. Title to the estate o�! interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of �he title;
4. Lack of a right of a�cess to and from the land.
The Company will also pa� the costs, attorneys' fees and expenses incurred in defense of the title, as
insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, IDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A.
Fidelity National Title Insurance Company
Piac4n County Tian, Inc. .•ie y.
601 E. Hopldn. Avenue a+� DO .1 BY s 77
$r�l FiooT :SEAL T �� A. . Color.do 81611 0
97-925-1766 Phone ,� �+• President
97-925-6527 F.x ATTEST
Secretary
Countersigned:
Authorized Signature
(Please 'print name below)
FORM 1312
Reprinted (02/00) ALTA Owner's Policy (10-17-92)
OEXCLUSIONSFROM COVERAGE •
following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
rases which arise by reason of:
(a) Any law, ordinance or ict-
governmental regulation (including but not limited to building and ( zoning he character, ordinances,
dimensions gorl lorcationeofrany
ing, regulating, prohibiting or relating to (i) the occupancy, use, separation
enjoyment of the land;
improvement now or hereafter erected on the land; (envrconmental protection,hor the effect ip or a change
anyeviioation of these ela s, ordinances or
parcel of which the land is or was a part; or (iv)
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which s adverse occurred claims prior
to or Date of Policy her matters; which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances,
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the in thelic
date thetDate insuredf claimantbeut eame anown oinsuredinsured
uo erclaimant
this policy;
notdisclosed in writing
to the Company by
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insure y
this policy b reason of the operation of federal
Any claim which arises out of the transaction vesting in the Insured the estate or interest by this policy, y
bankruptcy, state insolvency, or similar creditors, rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
fenses the Company would have had against the named insured, those who
cceed to the interest of the named insured by operation of law as distinguished
)m purchase including, but not limited to, heirs, distributees, devisees, survivors,
rsonal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowl-
Ige or notice which may be imputed to an insured by reason of the public records
defined in this policy or any other records which impart constructive notice of
,atters affecting the land.
(d) "land": the land described or referred to in Schedule A, and improve -
tents affixed thereto which by law constitute real property. The term "land" does
of include any property beyond the lines of the area described or referred to in
chedule A, nor any right, title, interest, estate or easement in abutting streets,
)ads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or
mit the extent to which a right of access to and from the land is insured by this
olicy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instru-
ment.
(f) "public records": records established under state statutes at Date o
'olicy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section
(a)(iv) of the Exclusions From Coverage, "public records" shall also include
:nvironmental protection liens filed in the records of the clerk of the United States
listrict court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
.he title to the land, not excluded or excepted from coverage, which would entitle
r purchaser of the estate or interest described in Schedule A or the insured mortgage
:o be released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
the
land, or holds an indebtedness secured by a purchase money mortgage g Y
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or convey-
ance of the estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an
insured hereunder of any claim of title or interest which is adverse to the title to the
estate or interest, as insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the estate or
interest, as insured, is rejected as unmarketable. If prompt notice shall not be given
to the Company, then as to the insured all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced by the failure
and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject a the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation
in which any third party asserts a claim adverse to the title or interest as insured,
but only as to those stated causes of action alleging a defect, lien or encumbrance
or other matter insured against by this policy. The Company shall have the right
to select counsel of its choice (subject to the right of the insured to object for
reasonable cause) to represent the insured as to those stated causes of action and
shall not be liable for and will not pay the fees of any other counsel. The Company
will not pay any fees, costs or expenses incurred by the insured in the defense of
those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action under the term of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive anrapr vision f t is
policy. If the Company shall exercise its rights under this paragraph,
so
diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the Company to pros-
ecute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the action
0 •
SCHEDULE A -OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT15577C2 December 8, 2000 @ 4:03 PM $1,800,000.00 1312-198178
1. NAME OF INSURED:
328 PARK AVENUE, LLC, A COLORADO LIMITED LIABILITY COMPANY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
328 PARK AVENUE, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
A tract of land in the Northeast one -quarter of Section 18, Township 10 South, Range 84 West of the 6th
P.M., being part of the Mascotte Lode U.S.M.S. No. 5867. Said tract is more fully described as follows:
Beginning at a point on the South end line of said Mascotte Lode, whence corner One of the Mascotte
bears N 89°46' W 156.90 feet;
thence S 89°46' E 138.76 feet along the South end line of said Mascotte Lode;
thence N 04°54' W 110.44 feet;
thence N 89°46' W 132.39 feet to the Easterly right of way of Park Avenue;
thence Southerly along the Easterly right of way line of Park Avenue S 03°05' E 75.23 feet;
thence S 01 °36' W 34.90 feet to the point of beginning.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925-1766/(970)-925-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET.
•
•
SCHEDULE B-OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT15577C2 December 8, 2000 @ 4:03 PM 1312-198178
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING.-
1 . Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 2000 not yet due or payable.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patent recorded May 20, 1949 in Book 175 at Page
170.
Deed of Trust from
:328 PARK AVENUE, LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee
of the County of PITKIN
For the use of
: WILLIAM HENRY LANE
Original Amount
: $1,080,000.00
Dated
: December 8, 2000
Recorded
: December 8, 2000
Reception No.
.449532
9. Deed of Trust from : 328 PARK AVENUE, LLC
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK WEST, NATIONAL ASSOCIATION
Original Amount : $520,000.00
Dated : December 6, 2000
Recorded : December 8, 2000
Reception No. .449533
EXCEPTIONS NUMBERED 1, 2, 3 AND 4 ARE HEREBY OMITTED.
or proceeding, and all appeals therein, and permit�fl6 Company to use, at its
option, the name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or effecting settlement,
and (ii) in any other lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest, as insured. If
the Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
within 90 days after the insured claimant shall ascertain the facts giving rise to the
loss or damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this policy which
constitutes the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or
damage, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litiga-
tion, with regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether bear-
ing a date before or after Date of Policy, which reasonably pertain to the loss or
damage. Further, if requested by any authorized representative of the Company,
the insured claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information
designated as confidential by the insured claimant provided to the Company pursu-
ant to this Section shall not be disclosed to others unless, in the reasonable judg-
ment of the Company, it is necessary in the administration of the claim. Failure of
the insured claimant to submit for examination under oath, produce other reason-
ably requested information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall terminate any
liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE, SETTLE CLAIMS; TERMINA-
TION OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of
an insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Company
up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs b(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred boinsured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date
of Policy is less than 80 percent of the value of the insured estate or interest or if
subsequent to the Date of Policy an improvement is erected on the land which
increases the value of the insured estate or interest by at least 20 percent over the
Amount of Insurance stated in Schedule A, then this Policy is subject to the
following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured estate
or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears to the sum of the
Amount of Insurance stated in Schedule A and the amount expended for the
improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount
of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a pro rata basis as if the amount
of insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole, exclusive of any improvements made subse-
quent to Date of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketabi}ity of title, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdic-
tion, and disposition of all appeals therefrom, adverse to the title, as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro canto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring a
mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed, or taken subject, or which is hereafter executed by an insured and
which is a charge or lien on the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this policy to the
insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulation• loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue, compromise or settle in the
name of the insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that
act shall not void this policy, but the Company, in that event, shall be required to
pay only that part of any losses insured against by this policy which shall exceed
the amount, if any, lost to the Company by reason of the impairment by the
insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non -Insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights by
reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri-
can Arbitration Association. Arbitrable matters may include, but are not limited
to, any controversy or claim between the Company and the insured arising out of
or relating to this policy, any service of the Company in connection with its
issuance or the breach of a policy provision or other obligation. All arbitrable
matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at
the option of either the Company or the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when
agreed to by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon
the parties. The award may include attorneys' fees only if the laws of the state in
which the land is located permit a court to award attorneys' fees to a prevailing
party. Judgment upon the award rendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed as
a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at 17911 Von Karman Avenue, Suite 300
Irvine, CA 92614-6253
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•
EXHIBIT D
•
October 31, 2001
Mr. James Lindt
Community Development Department
130 South Galena, 3rd Floor
Aspen, Colorado 81611
Re: 328 Park Avenue -- Application for Subdivision Exemption
Dear Mr. Lindt:
Concerning the enclosed application (Subdivision Exemption for Condominiumization) for 328 Park Avenue, LLC,
relating to the property located at 328 Park Avenue, Aspen, Colorado, the undersigned hereby authorizes the law firm
of Charles T. Brandt & Associates, P.C. and their attorneys, to represent the applicant and act on its behalf in this
matter.
Sincerely,
32
8 P AVENUE, LLC
7Nicoletti, Manager
APPLICANT'S NAME ADDRESS AND TELEPHONE NUMBER:
328 Park Avenue, LLC
614-B East Cooper Street
Aspen, CO 81611
970-948-
AGENT'S ADDRESS AND TELEPHONE NUMBER:
Michael Feigenbaum
Charles T. Brandt & Associates
132 Midland Avenue, Suite 4
Basalt, CO 81621
970-925-5196
PROPERTY'S ADDRESS AND LEGAL DESCRIPTION:
328 Park Avenue
Aspen, CO 81611
A tract of land in the Northeast one -quarter of Section 18, Township 10 South, Range 84 West of the 6`h P.M., being
part of the Mascotte Lode U.S.M.S. No. 5867. Said tract is more fully described as follows:
Beginning at a point on the South end line of said Mascotte Lode, whence comer One of the Mascotte bears N
89046' W 156.90 feet;
thence S 89°46' E 138.76 feet along the South end line of said Mascotte Lode;
thence N 04°54' W 110.44 feet;
thence N 89046' W 132.39 feet to the Easterly right of way of Park Avenue'
thence Southerly along the Easterly right of way line of Park Avenue S 03°05' E 75.23 feet;
thence S 0196' W 34.90 feet to the point of beginning.
EXHIBIT E
PRIOR APPROVALS
[Attached hereto.]
OCT-31-2001 WED 11:21 AM 6 EXHIBIT F FAX NO. P. 01
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: James Lindt, 920.5104 DATE. I0.31.01
PROJECT: 328 Park Ave.
REPRESENTATIVE: Micheal Feigenbaum
OWNER: 328 Park Avenue LLC.
TYPE, OF APPLICATION: Subdivision exemption for Condominiumization
DESCRIPTION: Condom iniumization of existing platted land and house
Land Use Code Section(s)
26.480.090 Condom iniumization
26.304 Development Review Procedures
Review by: Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
Public Hearing: No.
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Engineering
Planning Flat Foe $280
Engineering $180
$460
To apply, submit the following information:
1. 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 tlac property.
4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the
Land Use Code sections listed above.
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 F.nbineering for preparation of the Final Plat. The applicant's surveyor
makes those changes and brings in 2 reproducible inylar 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($10 Recording Fee per page.)
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 vestal right.
•
MORTGAGEE'S CONSENT AND SUBORDINATION
6
WILLIH19 LHIVL HIVU WLLLJ tAKUU BANK HEREBY CONSENTS TO THE FILING OF THE
WITHIN CONDOMINIUM MAP AND SUBORDINATES ITS LIEN THERETO.
WELLS FARGO BANK
BYi
TITLE:
STATE OF COLORADO
COUNTY OF PITKIN
WILLIAM LANE
CONDOMINIUM MAP OF THE SHADY LANE CONDOMINIUMS
STATE OF COLORADO
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF COUNTY OF PITKIN
--------------, 001 BY: ------------ AS ______________OF WELLS FARGO BANK THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF
WITNESS MY HAND AND OFFICIAL SEAL 2001 BY WILLIAM LANE
MY COMMISSION EXPIRES_____________________
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC -- MY COMMISSION EXPIRES
-------------------------
STATE ❑F NOTARY PUBLIC
COUNTY OF
STATE OF --------------------
COUNTY OF
TITLE CERTIFICATE
THE UNDERSIGNED, AGENT, OF PITKIN COUNTY TITLE , INC. DOES HEREBY CERTIFY
THE ENTITY LISTED AS OWNER ON THIS COMDDMINIUM MAP DUES HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY SUBJECT ONLY TO A DEED OF TRUST FOR THE USE AND BENEFIT OF
FILED FOR RECORD AS RECEPTION NO. --------- OF THE RECORDS OF
PITKIN COUNTY, COL0RAD0.
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS CONDOMINIUM MAP ARE TRUE, THIS
CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN
OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND
AGREED THAT STEWART TITLE OF ASPEN, INC., NEITHER ASSUMES NOR WILL BE
CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY
STATEMENT CONTAINED HEREIN.
PITKIN COUNTY TITLE, INC.
601 EAST HOPKINS
ASPEN, CO 81611
SIGNED
BY;
------------
STATE OF COLORADO
COUNTY OF PITKIN
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF --------- 2001 BY VINCENT J. HIGENS, AS PRESIDENT OF PITKIN COUNTY TITLE.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES
------------- - ----------------
NOTARY PUBLIC
tMMMUNITY I)r VELOPMENT DIRECTOR APPROVAL
THIS CONDOMINIUM MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR OF THE CITY
OF ASPEN, COLORADO SIGNED THIS _____ DAY OF ----------- 2001.
COMMUNITY D�VELCIPMENT DEPARTMENT DIRECTOR
CITY ENGINEE� APPROVAL
THIS CONDOMINIUM MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING
THIS ___ DAY OF 2001.
CITY ENGINES ---------------
LEGAL DESCRIPTION
A TRACT OF LAND IN THE NORTHEAST ONE -QUARTER OF SECTION
18, TOWNSHIP 10 SOUTH RANGE 84 WEST OF THE 6TH P.M.,
BEING PART OF THE MASCOTTE LODE U.S.M.S. NO. 5867. SAID
TRACT IS MORE FULLY DESCRIBED AS FOLLOWS:
LOT A.
BEGINNING AT A POINT ON THE SOUTH END LINE OF SAID
MASCOTTE LODE, WHENCE CORNER ONE OF THE MASCOTTE
BEARS N89o46'W 1.56.90 FEET;
THENCE S89°46'E 138,76 FEET ALONG THE SOUTH END LINE OF
SAID MASOCTTE LODE;
THENCE N04°54'W 110.44 FEET;
THENCE S89°46'W 111.34 FEFr;
THENCE S03°05'E 7S.01 FEET;
THENCE N89-46-W 18.37 FEET;
THENCE S00°14'E 16.50 FEET;
THENCE N89146'E 7,10 FEET;
THENCE SOO-14-E 2.01 FEET;
THENCE S89o46'E 12.46 FEET;
THENCE N00°1.4'E 9.17 FEET;
THENCE S89o14"E 18,33 FEET;
THENCE S89o46'E 35.52 FEET;
THENCE S89o46'E 60.96 FEET TO THE POINT OF BEGINNING.
SAID LOT CONTAINS .240 ACt OR 10,489 SQ.FT. .
LOT B
BEGINNING AT A POINT ON THE SOUTH END LINE OF SAID
MASCOTTE LODE, WHENCE CORNER ONE OF THE MASCOTTE
BEARS N89046'W 156.90 FEET;
THENCE S89o46'E 56.76 FEET ALONG THE SOUTH END LINE OF
SAID MASCOTTE LODE;
THENCE N01.36-E 35.13 FEET;
THENCE Nn3o05'W 9.76 FEET;
THENCE N89o46'W 18.37 FEET;
THENCE S00o14'E 16.50 FEET;
THENCE N89o46'E 7.10 FEET;
THENCE S00°14'E 2.01 FEET;
THENCE S89" 46'E 12.46 rEET;
THENCE NOOo14'E 9.17 FEET;
THENCE S89o46'E 18.33 FEET;
THENCE S000141 35.52 FEET 10 THE PO1NI OF BEGINNING.
SAID LOT CONTAINS .050 ACt OR 2,001 SQ.FT.t.
CLERK AND RECORDER'S ACCEPTANCE
THIS IMPROVEMENT SURVEY PLAT WAS ACCEPTED FOR FILING
IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF
PITKIN, STATE QF CQLQRADQI AT_0'CL0CK,__M, THIS DAY OF
IN PLAT BOOK AT PAGE AS RECEPTION NUMBER
CLERK & RECCRDER
NOTICE: According to Colorado law you must commence any legal action based upon
any defect in this survey within three years after you first discover such defect.
In no event may any action based upon any defect in this survey be commenced more
than ten years from the date of the certification shown hereon.
FOUND: NO.5 REBAR 13 , 0 218'
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BOOK __ PAGE ____ ✓ /
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FOUND: NO.5 REBAR
& YPC LS 21707
13.0037'
\VICINITY MAP
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ILOMETi;R
BUILDING ENVELOPE
MIDLAND AVENUE
50.0' WIDE DEDICATION B6 P139
.060 ACf
N89:16 1 0 1.W2,665 SO.FT.f
S89'46'00"E
171.34
BASIS OF BEARING (140.16 FIELD)
BUILDING ENVELOPE
N$9 46'00"yy
6
RIVERSIDE ADDITION TO THE CITY OF ASPEN
BASIS OF BEARING = A CALCULATED BEARING OF S59-5006"E BETWEEN
A FOUND NO 5 REBAR AND ALU CAP LS 7168
AT THE S.W. PROP. CORNER AND A FOUND
NO S REBAR AND RPC LS 16129 FOUND AT
THE S.E. PROP. CORNER AND SHOWN HEREON.
0
DD 8.0322' FOVPC N0 5 REBARR
T
H
/ n 20
i
/ OWNERS CERTIFICATE
V KNOW ALL PERSONS BY THESE PRESENTS THAT 328 PARK AVENUE, LLC IS RECORD OWNER OF CERTAIN LANDS
IN THE CITY OF ASPEN, PITKIN CO. KNOWN A9 DO HEREBY CERTIFY
THAT THIS CONDOMINIUM MAP HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION
/ FOP SAID CONDOMINIUM. DATED THIS ----- DAY OF ______ 2001 AND RECORDED AS RECEPTION NO
GF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO
3 328 PARK AVENUE, LLC
BY
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I AREA B
883.52 SQ.FT.
BOOK __ PAGE
I � I
FOUND: & PC LS91
NOTE: THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION
OR USE OF THIS MAP IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT
BEARS THE ORIGINAL SIGNATURE AND WET STAMP OF CARL R. CARMICHAEL
PLC. WUMNI119 QR[•AARrb MY THE SURVEYOR AND WITHOUT A SIGNATURE AND
WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION
SHOWN THEREON IS SUBJECT TO CHANGE.
HIRED GUN SURVEYING LTD.
P.O. BOX 9
SNOWMASS, COLORADO 81654
(970)923-2794
PAUL NICOLETTI
SIATE Of COLORADO
COUNTY I3F PITKIN
THE FOREGl11NG INSTRUMENT WAS ALKNOWL.EDGEI? BE{EIRE 14L THIS DAY OF
______________, 2001 B'IPAUL NICOLETTI___________
WITNESS MY HAND AND OFFICIAL ;EAL
MY COMMISSION EXPIRES__________
----- --------------
NOTARY PU$LiC
STATE OF COLORADO •
COUNTY OF PITKIN
Legend
- indicates set noryument, #5 rebar and Red Plastic Cap
indicates found monument as described.
INDICATES FOUND MONUMENT AS DESCRIBED
pd
WATER VALVE
O
TELEPHONE RISER
O
CABLE RISER
`T)�
POWER POLE
GCE - GENERAL COMMON ELEMENT
LCE - LIMITED COMMON ELEMENT
WW= WINDOW WELL, LCE PER ATTACHED UNIT
DECKS AND PATIOS, LCE PER ATTACHED UNIT
Q BOULDER RETAINING WALL
SURVEYOR'S CERTIFICATE
SURVEYORS CERTIFICATE
kEL tiER-BY CERTTFYTHAT ON NOVEMBER 2D01 A SURVEY WAS'PERFORMED UNDER MY
:OLORADO AND THAT RESIDEHEREON NTIAL DESCRIBED PROPERTY
WERE FOUND TO BE
N AS SHOVkN ON THIS CONDOMINIUM MAP. THE LOCATION AND DIMENSIONS OF THE
UTILITIES IMPROVEMENTS AND EASEMENTS SHOWN ON THE TITLE POLICY
ISSUEd BY PITKIN COUNTY TITLE INC. ))
M-MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION,
HE BUILDINGS AND INDIVIDUAL UNITS AND THE UNIT
1EREOF. THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH
ED STATUTES 1973 TITLE ARTICLE 51 AS )NTROL SURVEY CL65 S TOgGREATER THAN 1: AMENDED0,000.FROM
SIGNED_
CARL CARMICHAEL P.L.S. 24203
DATE SURVEYED: 10/23/01
DATE DRAFTED: 10/29/01
REVISED: 11/5/01
DATA FILE NAME: 0102107
DRAWN BY: T. YOCUM
I&
MORTGAGEE'S CONSENT AND SUBORDINATION
0
6 •
•6
0
0
0
WILLIAM LANE AND WELLS FARGO BANK HEREBY CONSENTS TO THE FILING OF THE
WITHIN CONDOMINIUM MAP AND SUBORDINATES ITS LIEN THERETO.
WELLS FARGO BANK
BY;
TITLE
STATE OF COLORADO
COUNTY OF PITKIN
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
______________1 2001 BY: ------------ AS _ ______OF WELLS FARGO BAW
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES______________________
----------L------------------
NOTARY PUBLIC
STATE OF ____________________
COUNTY OF _________________-_
TITLE CERTIFICATE
THE UNDERSIGNED, AGENT, OF PITKIN COUNTY TITLE , INC. DOES HEREBY CERTIFY
WILLIAM LANE
STATE OF COLORADO
COUNTY OF PITKIN
CONDOMINIUM MAP OF THE SHADY LANE CONDOMINIUMS
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
______________1 2001 BY WILLIAM LANE
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES_____________________
-----------------------------
NOTARY PUBLIC
STATE OF
COUNTY OF ------------------
THE ENTITY LISTED AS OWNER ON THIS COMDOMINIUM MAP DOES HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY SUBJECT ONLY TO A DEED OF TRUST FOR THE USE AND BENEFIT OF
_______________ FILED FOR RECORD AS RECEPTION NO. _________ OF THE RECORDS OF
PITKIN COUNTY, COLORADO.
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS CONDOMINIUM MAP ARE TRUE, THIS
CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN
OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND
AGREED THAT STEWART TITLE OF ASPEN, INC., NEITHER ASSUMES NOR WILL BE
CHARGED WITH ANY FINANCIAL ❑BLIGATION OR LIABILITY WHATSOEVER ON ANY
STATEMENT CONTAINED HEREIN.
PITKIN COUNTY TITLE, INC.
601 EAST HOPKINS
ASPEN, CO 81611
SIGNED________
BY:
STATE OF COLORADO
COUNTY OF PITKIN
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF --------- 2000 BY VINCENT J. HIGENS, AS PRESIDENT OF PITKIN COUNTY TITLE.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES ___________________
fdOTARY PUBLIC
-----------------
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
THIS CONDOMINIUM MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR OF THE CITY
OF ASPEN, COLORADO SIGNED THIS _____ DAY OF ----------- 2000.
COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR
R.O.W.
CITY ENGINEER'S APPROVAL AREA A
THIS CONDOMINIUM MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING
THIS ___ DAY OF ------------- 2001,
------------------ 1431.73 SQ.FT
CITY ENNEEGIP.
LEGAL DESCRIPTION
A TRACT OF LAND IN THE NORTHEAST ONE -QUARTER OF SECTION
18, TOWNSHIP 10 SOUTH RANGE 84 WEST OF THE 6TH P.M.,
BEING PART OF THE MASCOTTE LODE U.S.M.S. NO. 5867. SAID
TRACT 15 MORE FULLY DESCRIBED AS FOLLOWS:
LOT A
BEGINNING AT A POINT ON THE SOUTH END LINE OF SAID
MASCOTTE LODE, WHENCE CORNER ONE OF THE MASCOTTE
BEARS N89°46'W 156,90 FEET;
THENCE S89°46'E 138.76 FEET ALONG THE SOUTH END LINE OF
SAID MASOCTTE LODE;
THENCE N04°54'W 110.44 FEET;
THENCE S89°46'W 111.34 FEET;
THENCE S03005'E 75.01 FEET;
THENCE N89°46'W 18.37 FEET;
THENCE S00°14'E 16.50 FEET;
THENCE N89°46'E 7.10 FEET;
THENCE S00°14'E 2.01 FEET;
THENCE 589°46'E 12.46 FEET;
THENCE N00014'E 9.17 FEET;
THENCE S89°14'E 18.33 FEET;
THENCE S89°46'E 35,52 FEET;
THENCE S89°46'E.60.96 FEET TO THE POINT OF BEGINNING.
SAID LOT CONTAINS .240 ACf OR 10,489 SQ.FT.f,
LOT B
BEGINNING AT A POINT ON THE SOUTH END LINE OF SAID
MASCOTTE LODE, WHENCE CORNER ONE OF THE MASCOTTE
BEARS N89°46'W 156.90 FEET;
THENCE S89°46'E 56.76 FEET ALONG THE SOUTH END LINE OF
SAID MASCOTTE LODE;
THENCE NO1136'E 35.13 FEET;
THENCE NO3°05'W 9.76 FEET;
THENCE N89146'W 18.37 FEET;
THENCE S00°14'E 16.50 FEET;
THENCE N89°46'E 7.10 FEET;
THENCE S00014'E 2.01 FEET;
THENCE S89°46'E 12.46 FEET;
THENCE N00°14'E 9.17 FEET;
THENCE S89046'E 18.33 FEET;
THENCE SOO°14'E 35.52 FEET TO THE POINT OF BEGINNING.
SAID LOT CONTAINS .050 AC+ OR 2,001 SQ.FT.t.
CLERK AND RECORDER'S ACCEPTANCE
THIS IMPROVEMENT SURVEY PLAT WAS ACCEPTED FOR FILING
IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF
PITKIN, STATE OF COLORADO, AT O'CLOCK, M. THIS DAY OF
IN PLAT BOOK AT PAGE____ AS RECEPTION NUMBER _-____
CL1=RK6� - ----
NOTICE: According to Colorado law you must commence any legal action based upon
any defect in this survey within three years after you first discover such defect.
In no event may any action based upon any defect in this survey be commenced more
than ten years from the date of the certification shown hereon.
13,0218'
9175
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)9175 / /
13,0037'
UNDER
CONST
N89'46'00"W
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4600"W 'z.oT z I
M_L�_�89 46 00"E _!
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.060 ACt
�'46�' Q 2,665 SO.FT.t
N89
56.76 ^W
i YP,
8.0322'
/ 2
N89'46'00"W
60
BASIS OF BEARING = A CALCULATED BEARING OF S5905006"E BETWEEN
A FOUND NO 5 REBAR AND ALU CAP LS 7168
AT THE S.W. PROP. CORNER AND A FOUND
NO 5 REBAR AND RPC LS 16129 FOUND AT
THE S.E. PROP. CORNER AND SHOWN HEREON.
NOTE: THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION
OR USE OF THIS MAP IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT
BEARS THE ORIGINAL SIGNATURE AND WET STAMP OF CARL R. CARMICHAEL
PLS. DOCUMENTS PREPARED BY THE SURVEYOR AND WITHOUT A SIGNATURE AND
WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION
SHOWN THEREON IS SUBJECT TO CHANGE.
HIRED GUN SURVEYING LTD.
P.O. BOX 9
SNOWMASS, COLORADO 81654
(970)923-2794
OWNERS CERTIFICATE
KNOW ALL PERSONS BY THESE PRESENTS THAT 328 PARK AVENUE, LLC IS RECORD OWNER OF CERTAIN LANDS
IN THE CITY OF ASPEN, PITKIN CO. KNOWN ASS _ _ _ _ _ _ D❑ HEREBY CERTIFY
THAT THIS CONDOMINIUM MAP HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION
FOR SAID CONDOMINIUM DATED THIS _____DAY OF 2001 AND RECORDED AS RECEPTION NO. -------
OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN. STATE OF COLORADO.
328 PARK AVENUE, LLC
BY PAUL NICOLETTI
STATE OF COLORADO
COUNTY OF PITKIN
THE FOREGOING INSTRUME
BNTPAUL NICOLETTI WAS ACKNOWLEDGED BEFORE ME THIS -----DAY -OF
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES______________________
NOTARY PUBLIC
----------------
STATE OF COLORADO
COUNTY OF PITKIN
Legend
QQ - indicates found Monument os described.
INDICATES FOUND MONUMENT AS DESCRIIBED
TER
VE
R, 0, W. O TELEPHONERISERRISERAREA D
POWER POLE
883.52 SO.FT.
GCE - GENERAL COMMON ELEMENT
LCE - LIMITED COMMON ELEMENT
WW= WINDOW WELL, LCE PER ATTACHED UNIT
DECKS AND PATIOS, LCE PER ATTACHED UNIT
C7 BOULDER RETAINING WALL
SURVEYOR'S CERTIFICATE
SURVEYORS CERTIFICATE
I CARL CARMICHAEL HEREBY CERTIFY THAT ON NOVEMBER 2000 A SURVEY WAS PERFORMED UNDER MY
bIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY
LOCATED T ER(COUNTYONOAOSISHDOVVN ON THIS CONDOMINIUM MAP INTHE LOCATION FOUND
DND DIBMENSIONS OF THE
BOUNDARY LINES, UTILITIES IMPROVEMENTS AND EASEMENTS SHOWN ON THE TITLE POLICY
NO. ISSUE6 BY PITKIN COUNTY TITLE INC. ))
THE CQNM`MTNTWMAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION,
DIMENSIONS OF THE BUILDINGS AND INDIVIDUAL UNITS AND THE UNIT
DESIGNATIONS THEREOF. THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH
TIME TO TIMADO E. REVISED STATUTES
SURVEY CLdSES 73 TO8GREATER THAN 1: AS AMENDED
0,0 0. FROM
SIGNED .__.__ _
CARL CARMICHAEL P.L.S. 242Y3 10/31/01
DATE SURVEYED: 10/23/01
DATE DRAFTED: 10/29/01
REVISED:
DATA FILE NAME: 0102107
DRAWN BY: T. YOCUM
410 lob 040
90
•0
6