The URL can be used to link to this page

Home My WebLink AboutApplication_310 S. SpringLEE C WILLIAMS 3163 CRAIG A WILLIAMS ^ 35-2572/1130 5677 CEDAR CREEK I a I g HOUSTON, TX 77056 DATE oa vfga� AllegianceBank 1 P.o. eo:a�anwamn,lz �i+rasa .� L �/ / A j PF: ReYBa 200 .vmw.alle an�ebenkAm 1� YYY ,/ 1:1130257231: 1002024543u' 3163 LAND USE APPLICATION Project Name and Address: Bell Mountain Qualified Residences Condominium 310, 312, 314, 316 and 318 South Spring Street Aspen, CO 81611 2737-182-27-010 and 2737-182-27-011 Name: Craig and Lee Williams Address: 700 East Cooper Avenue, Aspen, CO 81611 Phone #: See below email: See below HtYKt!) IIVAIIVt: Name: Diana Ettlinger Address: Sherman & Howard L.L.C.. Aspen CO 81611 Phone#: 970.300.0120 email: dettlinger@shermanhoward.com Description: Existing and Proposed Conditions Pursuant to Municipal Code Section 26.480.050A, Applicant is seeking approval for an administrative plat amendment review. The Bell Mountain Qualified Residences are comprised of five (5) deed -restricted affordable housing units ("EDUs") located within two condominium units, A & B, all located within a reserved area within the Bell Mountain Residences Condominium. Applicant proposes to eliminate one of the three EDUs within Unit A from the Bell Mountiain Qualified Residences Condominium Plat. By separate application, Applicant, with approval of Bell Mountain Residences Condominium Association, will seek to amend the Bell Mountain Residences Condominium Plat to add the EDU by creation of a new Unit lA within the Bell Mountain Residences Condominium. Applicant intends to enter into a deed restriction acceptable to APCHA to be recorded against the newly created unit. Review: Administrative Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units_ Essential Public Facility square footage Have you included the following? FEES DUE: $ 1625 ® Pre -Application Conference Summary QX Signed Fee Agreement XD HOA Compliance form ® All items listed in checklist on PreApplication Conference Summary (November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Bell Mountain Qualified Residences Condominium Applicant: Craig and Lee Williams Zone District: Gross Lot Area: Net Lot Area: "Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential Multi-familV Residential Existing Allowed Proposed 1) Floor Area (square feet) 1) Number of Units 2) Maximum Height 2) Parcel Density (see 26.710.090.C.10) 3) Front Setback 3) FAR (Floor Area Ratio) 4) Rear Setback 4) Floor Area (square feet) 5) Side Setbacks 4) Maximum Height 6) Combined Side Setbacks 5) Front Setback 7) %Site Coverage 6) Rear Setback 8) Minimum distance between buildings 7) Side Setbacks Proposed % of demolition Proposed % of demolition Commercial Proposed Use(s) Existing Allowed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non -conformities or encroachments: Variations requested: Lodge Additional Use(s) Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed %of demolition Existing Allowed Proposed Existing Allowed Proposed November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 NO lip CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY DATE: August 2; 2oi8 PLANNER: Ben Anderson, 4292765 PROJECT NAME AND ADDRESS: Bell Mountain Residences/Qualified Residences PARCEL ID* 27.37-182-27-801; 066, 007, 008, 009, 010, 011, 015 REPRESENTATIVE: Diana Godwin Ettlinger, Sherman Howard DESCRIPTION: Bell Mountain Residences (Plat Book 54, Page 64) and Bell Mountain Qualified Residences (Plat Book 54, Page 60) are two separate condominiums that are located in the same structure: The Bell Mountain Residences are comprised of five (5) free-market residences. The Bell Mountain Qualified Residences are comprised of five (5) deed -restricted affordable housing units. The proposal is to redraw both Condominium Plats related to this property. Currently both plats depict the affordable housing in two units, A & B. Unit A contains three apartments (Units 1A, 2A and 3A - 31o, 312, 314 S. Spring St.). Unit B contains two apartments (4A and 5A 316 and 318 S. Spring St.) The detail of these units is depicted in the Condo Plat for the Qualified Units.. Apartment Unit 1A, being an undivided portion of Condominium Unit A, is not legally transferrable. The owner of (free market) Unit l owns an interest in the Bell Mountain Qualified Residences Condominium Association, LLC, (the "QR HOA") which is the equivalent of ownership of EDU 1A. The Owner of Unit 1 wishes, with the consent of the QR HOA and the Bell Mountain Residences Condominium Association ("Free Market HOA"), to create a legally transferrable Unit 1A separate from the other units in Unit of the QR HOA by relocating and creating Unit 1A in the Free Market HOA vis-a-vis the requested plat amendments. The proposed change would move Unit 1A from the Qualified Residences (AH) Condo Plat to the Residences (free-market) Condo Plat. This change would not in any way alter the nature of the deed restriction for the affordable housing units, but would simply depict the separate ownership of Unit 1A from the other 4 AH units. The eventual amended condo plats will require additional notes to give clarity to the ownership arrangement, ensure continued acknowledgement of the deed restricted status of the qualified units, and continue the continued cross referencing between the two condo plats. It is encouraged that the applicant include proposed language for the plat notes in the Draft plats. Additionally, a condition of recordation of the amended condo maps will be the completion of any necessary changes to the deed restrictions for the qualified units resulting from the changes to the condo plats. Lastly, in support of APCHA's efforts towards compliance of units with APCHA Guidelines, recordation of the amended condo plats will not occur until APCHA confirms that the units are in compliance. Because of the complex ownership structure in this development, and because the development is depicted on two separate plats, the condo plat amendments oil/require two, separate applications to 130 south Galena Street Aspen, C0816114915I P: 970.920.5000 IF; 970.920.5197 1 cityofaspen.com ensure that appropriate connections and authorizations can be made with regard to ownership. In short, an application should be submitted for Bell Mountain Residences, and a second and separate application for the changes to Bell Mountain Qualified Residences. Also, as a response to the somewhat unusual nature of this property, APCHA will be a referral agency on this review, in addition to the typically required Engineering Department referral. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.480.o5oA Administrative Subdivisions, Condominiumization For your convenience - links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: • Staff for Complete Application • Community Development Director and City Engineer REQUIRED LAND USE REVIEW(S): • Review of Proposed Condominium Map PUBLIC HEARING: No PLANNING FEES: For each application: $65o deposit for 2 hours of staff time (Additional/fewer hours billed/refunded at $325 per hour) Referral Engineering - $325 per Hour (t hour deposit - additional hours will be billed at $325/hr.) APCHA - flat fee of $650 (on Qualified Residences only) Bell Mountain Residences - Total: $975 Bell Mountain Qualified Residences -Total $1625 APPLICATION CHECKLIST -These items should first be submitted in a paper copy. ❑ Completed Land Use Application and signed Fee Agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached to Application) ❑ A Draft Condominium Plat for review Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Once the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 digital PDF copy of the complete application. ❑ Total deposit for review of the application. 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. Fri •`-'S v3 E € r: Please type or print in all caps Address of Property: 310, 312, 314, 316 and 318 South Spring Street Aspen, CO 81611 Property Owner Name: Bell Mountain Qualified Representative Name (if different from Property owner) Diana Ettlinger Residences Condominium Association, LLC Billing Name and Address - Send Bills to: Diana Ettlinger, Sherman & Howard L.L.C., 730 E. Durant Ave., Ste. 200, Aspen, CO $16l 1 Contact info for billing: e-mail: dettlinger@shermanhoward.com Phone: 970 925.6300 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable, $. flat fee for $, flat fee for $. flat fee for flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment, I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 325 deposit far 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $650 APCHA Referral Review Fee City of Aspen: Jessica Garrow, AICP Community Development Director Signature: C::�/ /P/'A PRINT Name: Lee -Williams City Use: Title: 0w1"Jul Fees Due: $ Received $ Case # -NbVember Z017 City of Aspen J 13U G21ei1ti,,St. f (V/U} 920--W9PU� Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Comoliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney ree esentfnct the property owner. Property Name: Bell Mountain Qualified Residences Condominium Association, LLC Owner ("I"): Email: ttodd@hollandhart com Phone No.: +1 (970) 429-6842 Address of 310, 312, 314, 316 and 318 South Spring Street Property: Aspen. CO 81611 (subject of application) I certify as follows_ (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ® This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and 1 understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this do ent is a publi dl oc(u�ment_ 1 Owner signature: `jJ�� "" date: A Owner printed name_ U� V.4� �� 3z�o or, Attorney signature: date: Attorney printed name: Thomas Todd Bell Mountain Qualified Residences Condominium Association, LLC 320 South Spring Street Aspen, CO 91611 February 22, 2019 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Dear Sir or Madam; I am writing as Manager of Bell Mountain Qualified Residences Condominium Association, LLC to authorize Craig A. Williams and Lee C. Williams to submit an application for condomirliumization and a plat amendment pursuant to Section 26.480.050 of the City of Aspen Municipal Code, with respect to certain real property owned by Bell Mountain Qualified Residences Condominium Association, LLC and described as the Bell Mountain Qualified Residences Condominiums according to the Plat thereof filed for record in Plat Book 54 at Page 60 of the records of Pitkin County Colorado. Please contact me if you have any questions. Thank you. 3475417.2 Bell Mountain Qualified Residences Condominium Association, LLC 1 mes ticrio, Manager Craig A. Williams Lee C. Williams 5577 Cedar Creek Houston, TX 77056 Tel. (713) 683.8444 November 20, 2018 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Dear Sir or Madam: We are writing to authorize B. Joseph Krabacher, Diana Ettlinger and the law firm of Sherman & Howard L.L.C. to act as our agent and representative in all matters related to and in connection with an application for condominiumization pursuant to Section 26.480.050 of the City of Aspen Municipal Code, with respect to certain real property owned by Bell Mountain Qualified Residences Condominium Association; LLC and described as the Bell Mountain Qualified Residences according to the Plat thereof filed for record in Plat Book 54 at Page 60 of the records of Pitkin County, Colorado and with respect to certain real property owned by Bell Mountain Residences Condominium Association and described as the Bell Mountain Residences according to the Plat thereof filed for record in Plat Book 54 at Page 52 of the records of Pitkin County, Colorado. . The address and phone number of the companys agent is as follows: - B.Joseph Krabacher,Esq. Diana Ettlinger; Esq. Sherman & Howard; L.L.C. 730 East Durant Ave., Suite 200 Aspen, Colorado 81611 970.925.6300 Please contact us if you have any questions.. Thank you. "699495.1 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Stewart Title Company Issuing Office: 620 E Hopkins Ave, Aspen, CO 81611 ALTAe Universal ID: Loan ID Number: Commitment Number: 273185 Issuing Office File Number. 273185 Property Address: 700 East Cooper Avenue, Unit A & B, Aspen, CO 81611 Revision Number: C2 1. Commitment Date: August 17, 2018 at 8:o0AM 2. Policy to be issued: Proposed Policy Amount (a) ALTA Owner's Standard Proposed Insured: To Be Determined (b) ALTA Loan Standard Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. Title to the said estate or interest in the Landis at the Commitment Date vested in: Beff Mountain Qualified Residences Condominium Association, LLC 5, The Land is described as follows: See Exhibit'A" Attached Hereto This page is only a part of a 2016 ALTA° Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy,, the Commitment Conditions; Schedule A; Schedule B, Pad I - Requirements, and Schedule B, Part It - Exceptlons; and a countersignature by the Company oats issaing agent that may be in electronic form. Copyright 2006-2016 American Land Title Associatlom All rights reserved. eMexrcnN The use of this Fann (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing LAN➢ TITLE as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .ssmc�Anoa File No.: 273185 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 5 ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 273185 Condominium Units A and B. BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS according to the Condominium Map recorded September 27, 2000 in Plat Book 54 at Page BO as Reception No. 447427 and the Condominium Declaration for Bell Mountain Qualified Residences Condominiums recorded October 19, 2000 as Reception No. 448077. County of Pitkin, State of Colorado This page Is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Poltcy" the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Pad If - Erceptions; and a countersignature by the Company or its issuing agent that maybe in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. 11IM1111111111111 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing ArrcnrcAR as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND TIM File No.: 273185 d SOCUTIOM ALTA Commitment For T'Ne Inswance 8-1-16 Page 2 of 6 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART it ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 273185 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 5. 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. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8, Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. Terms and Provisions set forth in Deeds recorded in Book 106 at Page 482, in Book 125 at Page 1, in Book 131 at Page 81, in Book 475 at Page 676. 10. Reservations and Exceptions as set forth in the Deed from the City of Aspen of recorded in Book 59 at Page 78. in Book 59 at Page 117, in Book 59 at Page 186, in Book 59 at Page 237, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver , cinnabar or copper or to anyvalid mining claim or possession held under existing laws. 11. Ordinance No. 37, Series of 1993 recorded July 15, 1993 as Reception No. 358875. This page is only a part of a 2016 ALTA° Commitment for Title Insurance, This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment conditions: Schedule A; Schedule 8, Part I - Requirements; and Schedule a, Part 11- Exceptlons and a countersignature by the Company or its issuing agent that maybe in electronic form. Copyright 2006.2016 American land Title Association. Ail rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing AM£AICAN as of the date of use, All other uses are prohibited. Reprinted under license from the American Land Title Association. [ D Tins File No.: 273185 nssocunov ALTA Commitment For Tole Insurance 8-1-16 Page 4 of 5 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 12. Ordinance No. 15, Series of 1995 recorded May 31, 1995 as Retention No, 381799. 13. Ordinance No. 2, Series of 1997 recorded September 3, 1997 as Reception No. 407979. 14. Resolution No. 98-3 recorded March 11, 1998 as Reception No. 414434. 15. PUD and Subdivision Agreement for Bell Mountain Townhomes recorded October 23, 1998 as Reception No. 423639. 16. All matters shown on the Plat of Bell Mountain Subdivision & PUD recorded October 23, 1998 in Book 47 at Page 32 as Reception No. 423640. 17. All matters shown on the Map of Bell Mountain Residences Condominiums recorded September 27, 2000 in Book 54 at Page 52 as Reception No. 447425. 18, Notice of Correction of Condominium Map recorded January 19, 2001 as Reception No. 450699. 19. Notice of Withdrawal of Area reserved for Qualified Residences recorded September 27, 2000 as Reception No. 447426. 20. All matters shown on the Condominium Map of Bell Mountain Qualified Residences Condominiums recorded September 27, 2000 in Book 54 at Page 60 as Reception No, 447427. 2C Easement Agreement recorded September 27, 2000 as Reception No. 447428. 22. Condominium Declaration for Bell Mountain Qualfed Residences recorded October 19, 2000 as Reception No. 448077. 23. Notice recorded January 5, 2001 as Reception No. 450304. 24. Deed Restriction and Agreement recorded December 28, 2000 as Reception No. 450010. 25, Notice of Right of First Offer Agreement recorded March 5, 2001 as Reception No. 452076. 26. Development Rights reserved in Deed recorded May 30, 2002 as Reception No. 468091. 27. Assignment of Membership interest recorded December 19, 2002 as Reception No. 476273, 28. Assignment of Parking and Storage Spaces recorded March 31, 2003 as Reception No. 480785, This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice,- the Commitment to Issue Policy, the Commitment Conditions; Schedule A Schedule 8, Part i - Requirements,, and Schedule B, Part tt - Exceptions,' and a countersignature by the Company ortts issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is reshioted to ALTA licensees and ALTA members in good standing AMERICAN as ofthe date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, uxa Trnc File No: 273185 usocurwry ALTA Commitment For Title Insurance 8-1-16 Page 5 of 5 T C T FOUND 3.5" ALUMINUM CAP GPS CONTROL "GPS-4" AT THE APPROXIMATE INTERSECTION OF WEST END STREET AND HOPKINS AVENUE FOUND 3.5" ALUMINUM CAP GPS CONTROL "GPS-1" AT THE APPROXIMATE INTERSECTION OF WEST END STREET AND DURANT AVENUE S 3 8 ° 5 4 ' 2 8 " E 5 5 8 . 6 7 ' N 60°02'14" E636.61' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM ACCORDING TO THE CONDOMINIUM MAP RECORDED SEPTEMBER 27, 2000 IN PLAT BOOK 54 AT PAGE 60 AS RECEPTION NO. 447427 COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 3 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF: SURVEYOR'S CERTIFICATE I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN AUGUST 2010; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS CONDOMINIUM MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 OF THE COLORADO REVISED STATUTES, AND (ii) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. RECORDED EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY STEWART TITLE COMPANY ORDER NO. 273185, EFFECTIVE DATE AUGUST 17, 2018. ___________________________________________ MARK S. BECKLER, P.L.S. #28643 DATED __________________, 20___. CITY ENGINEER REVIEW THIS FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS, SHOWN HEREON, WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN. THIS____ DAY OF _____________________, 20___. ____________________________ CITY ENGINEER COMMUNITY DEVELOPMENT DEPARTMENT THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS _____DAY OF ___________, 20___. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. _________________________________ JESSICA GARROW, AICP, COMMUNITY DEVELOPMENT DIRECTOR CLERK AND RECORDER'S ACCEPTANCE THIS FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT _________ O'CLOCK ____.M., THIS _______ DAY OF ________________, 20___, IN PLAT BOOK ______, AT PAGES ___________, RECEPTION NO. ______________. ________________________________________ PITKIN COUNTY CLERK AND RECORDER TITLE COMPANY CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE GUARANTEE COMPANY, A TITLE INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO UNDER THE TITLE INSURANCE CODE OF COLORADO, DOES HEREBY CERTIFY THAT TITLE TO THE FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS SHOWN ON THIS MAP, IS VESTED IN THE BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION, LLC, A COLORADO LIMITED LIABILITY COMPANY, AND IS FREE AND CLEAR OF ALL LIENS, TAXES AND ENCUMBRANCES EXCEPT AS FOLLOWS: _________________________________________________ _________________________________________________ CERTIFIED THIS __________ DAY OF ____________________________, A.D. 20___. STEWART TITLE. BY: ___________________________ CHUCK DORN 60 S 8th St, Unit 101 CARBONDALE, CO 81623 STATE OF COLORADO ) ) SS. COUNTY OF ________ ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF ____________, 20___, BY _______________ AS ___________________________________ OF STEWART TITLE GUARANTEE COMPANY, A TEXAS CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: ____________________________ __________________________ NOTARY PUBLIC SHEET INDEX 1)EXTERIOR BOUNDARY, CERTIFICATES, NOTES, CONTROL, AND VICINITY MAPS 2)GARDEN LEVEL PLAN VIEW 3)NORTH, EAST & WEST ELEVATION VIEWS CERTIFICATE OF OWNERSHIP KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING THE OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED REAL PROPERTY: UNITS A AND B AND ALL COMMON ELEMENTS, BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP RECORDED SEPTEMBER 27, 2000 IN PLAT BOOK 54 AT PAGE 60 AS RECEPTION NO. 447427 AND THE CONDOMINIUM DECLARATION FOR BELL MOUNTAIN RESIDENCES CONDOMINIUMS RECORDED OCTOBER 19, 2000 AS RECEPTION NO. 448077 AND THE FIRST AMENDMENT TO DECLARATION AND MAP FOR BELL MOUNTAIN QUALIFIED RESIDENCES RECORDED AT RECEPTION NO. _________________ (THE “CONDOMINIUM DECLARATION”). COUNTY OF PITKIN, STATE OF COLORADO. HEREBY CERTIFIES THAT THIS FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION. EXECUTED THIS _______ DAY OF __________, 20___. OWNER: BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION, LLC, A COLORADO LIMITED LIABILITY COMPANY BY: _________________________________________ JAMES VALERIO, MANAGER STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF ___________, 20___, BY JAMES VALERIO, MANAGER OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION, LLC, A COLORADO LIMITED LIABILITY COMPANY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: ______________________________________ ________________________________ NOTARY PUBLIC NOTES 1)DATE OF SURVEY: AUGUST, 2018. 2)DATE OF PREPARATION: SEPTEMBER, 2018. 3)BASIS OF BEARING: S 75°09'11" W BETWEEN THE SOUTHEAST CORNER OF LOT 1, A FOUND #8 REBAR AND THE SOUTHWEST CORNER OF LOT 1, A FOUND REBAR AND CAP, L.S. #2376, WHICH IS CONSISTENT WITH THE RECORDED PLAT OF THE BELL MOUNTAIN SUBDIVISION & P.U.D.. 4)BASIS OF SURVEY: NOTICE OF CORRECTION OF CLERICAL TYPOGRAPHICAL AND TECHNICAL ERROR IN CONDOMINIUM MAP RECEPTION #450699, THE CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS RECEPTION #447427, THE CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN RESIDENCES CONDOMINIUMS RECEPTION #447425, THE RECORDED PLAT OF BELL MOUNTAIN SUBDIVISION & P.U.D. RECEPTION #423640, CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN RESIDENCES CONDOMINIUMS RECEPTION #447425, CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES RECEPTION #447428, NOTICE OF CORRECTION OF CLERICAL, TYPOGRAPHICAL AND TECHNICAL ERROR IN CONDOMINIUM MAP RECEPTION #450699, FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN RESIDENCES RECEPTION #_____________,THE FOUND SUBDIVISION MONUMENTS, AS SHOWN AND VARIOUS DOCUMENTS OF RECORD. 5)BASIS OF ELEVATION: THE 2009 CITY OF ASPEN - GPS CONTROL MONUMENTATION PREPARED BY MARCIN ENGINEERING LLC WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S 159" WHICH ESTABLISHED A PROJECT BENCHMARK OF 7930.96 ON THE SOUTHWEST CORNER OF LOT 1, AS SHOWN. 6)THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY STEWART TITLE COMPANY, WITH AN EFFECTIVE DATE OF AUGUST 17, 2018, ORDER NO. 273185. PURPOSE STATEMENT THE PURPOSE OF THIS MAP AMENDMENT IS TO RECONFIGURE THE BOUNDARIES OF UNIT A, WHICH WILL RESULT IN THE REMOVAL OF A PORTION OF UNIT A (CONSISTING OF ONE EMPLOYEE DWELLING UNIT) AND RELATED EASEMENT AREAS FROM THE BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM. THE BELL MOUNTAIN RESIDENCES CONDOMINIUM MAP IS BEING AMENDED CONTEMPORANEOUSLY HEREWITH TO ADD THE REMOVED EMPLOYEE DWELLING UNIT AS “UNIT 1A” OF THE BELL MOUNTAIN RESIDENCES CONDOMINIUM. 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 040 40 80 40 16020 BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS 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 CERTIFICATION SHOWN HEREON. 2/19/2019 - 18145 - G:\2018\18145\SURVEY\Survey DWGs\Survey Plots and Exhibits\18145 1ST AMEND QUAL RES CONDO-01.dwg MAP NOTES 1)THE BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS ARE SUBJECT TO ALL MATTERS SHOWN ON THE FINAL PLAT OF BELL MOUNTAIN SUBDIVISION & P.U.D. RECORDED OCTOBER 23, 1998 IN PLAT BOOK 47 AT PAGES 32-42, AND THE CONDOMINIUM EXEMPTION MAP OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS RECORDED SEPTEMBER 27, 2000 AT RECEPTION No. 447427 EXCEPT AS AMENDED HEREIN. 2)THE BELL MOUNTAIN RESIDENCES CONDOMINIUMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THAT CERTAIN EASEMENT AGREEMENT DATED SEPTEMBER 27, 2000 RECORDED UNDER RECEPTION No. 447428, AS AMENDED IN THE FIRST AMENDED EASEMENT AGREEMENT RECORDED ______________, 2019 UNDER RECEPTION No. __________________WHICH PROVIDES FOR ACCESS AND UTILITY EASEMENTS FOR THE BENEFIT OF BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION. 3)SHEET 4 OF THE BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS CONDOMINIUM EXEMPTION MAP RECORDED SEPTEMBER 27, 2000 IN PLAT BOOK 54 AT PAGES 60-64 REMAIN IN EFFECT AND ARE NOT HEREBY AMENDED. 4)THIS PLAT AMENDMENT IS MADE PURSUANT TO THE FIRST AMENDMENT TO DECLARATION AND MAP FOR BELL MOUNTAIN QUALIFIED RESIDENCES RECORDED _________________ AT RECEPTION No. ___________________. 5)SEE FIRST AMENDED EASEMENT AGREEMENT BETWEEN BELL MOUNTAIN RESIDENCES CONDOMINIUM ASSOCIATION AND BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION, LLC RECORDED ______________ AT RECEPTION No. ______________________. 6)ALL UNITS ARE SUBJECT TO THE OCCUPANCY AND DEED RESTRICTIONS AND AGREEMENT FOR EMPLOYEE DWELLING UNITS RECORDED ____________, 2019 AS RECEPTION NO. _________________. EASEMENT LIGHT WELL ENTRYWAY UNIT A ENTRYWAY UNIT A LIGHT WELL EASEMENT PRIVATE ACCESS EASEMENT'PRIVATE ACCESS EASEMENT' PRIVATE ACCESS EASEMENT VACATED NOTE: REFER TO ORIGINAL PLAT BOOK 54 PAGE 61 OF THE PITKIN COUNTY RECORDS FOR ACCESS EASEMENT DIMENSIONS EASEMENT LIGHT WELL EASEMENT LIGHT WELL ELEV = 7932.30' ELEV = 7923.35' BOTTOM TRUSS TOP CONCRETE GARDEN LEVEL 1,333 sq.ft. SOUTHWEST CORNER BELL MOUNTAIN SUBDIVISION & PUD, FOUND #8 REBAR BEARS: S 33°49'17" W 88.81' SOUTHWEST CORNER BELL MOUNTAIN SUBDIVISION & PUD, FOUND #8 REBAR BEARS: S 60°58'49" W 121.30' 19.68' 5 . 9 0 ' 12.31' 2 2 . 6 5 ' 1 4 . 6 4 ' 21.84' 1 2 . 3 2 ' 11.07' 2.76' 1 . 5 3 ' 11.05' 3 . 5 3 ' 1 7 . 2 6 ' 28.15' 4 . 9 7 ' 16.21' 2 3 . 1 8 ' 3 . 5 0 ' 35.02' 1 7 . 2 5 ' 5 . 0 1 ' 15.97' 2 3 . 2 0 ' 2.70' 10.85' 1.12' 0.85' 0.20' 0.74' 1.05' 1.05' 1.00' 1.06' 1.50' LIGHT WELL EASEMENT VACATEDED BY THIS MAP LIGHT WELL EASEMENT VACATED BY THIS MAP ENTRYWAY UNIT 1A PRIVATE ACCESS EASEMENT VACATEDED BY THIS MAP AREA REMOVED FROM UNIT A BY THIS MAP BELL MOUNTAIN RESIDENCES CONDOMINIUMS QUALIFIED RESIDENCES AMENDED UNIT A QUALIFIED RESIDENCE UNIT B BELL MOUNTAIN RESIDENCES CONDOMINIUMS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM ACCORDING TO THE CONDOMINIUM MAP RECORDED SEPTEMBER 27, 2000 IN PLAT BOOK 54 AT PAGE 60 AS RECEPTION NO. 447427 COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 GARDEN LEVEL PLAN VIEW FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF: 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 06 6 12 6 243 BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS 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 CERTIFICATION SHOWN HEREON. 2/19/2019 - 18145 - G:\2018\18145\SURVEY\Survey DWGs\Survey Plots and Exhibits\18145 1ST AMEND QUAL RES CONDO-02.dwg KEY MAP TO GARDEN LEVEL FLOOR PLAN SCALE: 1' = 20" CLOSET SECTION DETAIL CEILING ELEVATION IN GARDEN LEVEL PLAN VIEW INTERIOR WALL BEARING (TYP.) N 75°10'25" W EAST-WEST INTERIOR WALL BEARING (TYP.) N 14°49'35" E NORTH-SOUTH INFORMATION AS-BUILT DIMENSIONS AND ELEVATION SUBMITTAL DRAWINGS UPDATED WITH PLAN VIEWS ARE FROM ARCHITECTURAL GENERAL NOTES: OF STUD WALL FACE OF STUD WALL TO FACE INTERIOR DIMENSIONS ARE FROM BUILDING TIES AND DIMENSIONS FOR REFERENCE SHEET 2 FOR EXTERIOR LOCATING EXTERIOR UNIT LCE'S SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM ACCORDING TO THE CONDOMINIUM MAP RECORDED SEPTEMBER 27, 2000 IN PLAT BOOK 54 AT PAGE 60 AS RECEPTION NO. 447427 COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 3 NORTH, EAST & WEST ELEVATION VIEWS FIRST AMENDMENT TO CONDOMINIUM EXEMPTION MAP OF: BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUMS 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 CERTIFICATION SHOWN HEREON. 2/19/2019 - 18145 - G:\2018\18145\SURVEY\Survey DWGs\Survey Plots and Exhibits\18145 1ST AMEND QUAL RES CONDO-03.dwg