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HomeMy WebLinkAboutLand Use Case.EC.905 E Hopkins Ave.0075.2015.ASLUU.S. SURVEY FOOT VICINITY MAP YEL CAP 20151 LEGEND & NOTES CITY OF ASPEN GPS MONUMENT N0. 5 LAE MOUNTAHN HOUS OT SP HT CITY OF ASPEN GPS MONUMENT NO. 4 SITUATED ON: LOTS A,B,C AND D, BLOCK 32, EAST ASPEN ADDITION. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO CONTAINING: 12,000 SQ. FT. THE PURPOSE OF THIS PLAT IS TO ESTABLISH A LOT SPLIT OF THE 12,000 SQ .e A F 2, FT. LOT INTO TWO 6,000 SQ. FT. LOTS. A O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED A SPIKE OR P -K NAIL SURVEY CONTROL 9 CITY OF ASPEN GPS MONUMENT ® ELECTRIC TRANSFORMER ❑ UTILITY BOX CONIFER TREE CALIPER SIZE AS NOTED POSTED ADDRESS IS '905 EAST HOPKINS AVENUE' TITLE INFORMATION FURNISHED BY: STEWART TITLE COMPANY FILE NO.: 01330-54670 EFFECTIVE DATE: FEBRUARY 03, 2015 SITE UNDER CONSTRUCTION AT TIME OF LOT SPLIT 06/2015 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. A CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL PEOPLE BY THESE PRESENTS THAT 905 EAST HOPKINS, LLC BEING OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: LOTS A, B, C AND D, BLOCK 32,EAST ASPEN ADDITION CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO AND THAT SAID OWNERS HAVE BY THESE PRESENTS LAID OUT, PLATTED, AND SUBDIVIDED THE SAME INTO LOTS AND BLOCKS AS SHOWN HEREON AND DESIGNATE THE SAME AS MOUNTAIN HOUSE LOT SPLIT, A SUBDIVISION IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF REQUIRED IMPROVEMENTS: AND DO HEREBY DEDICATE AND SET APART ALL OF THE PUBLIC ROADS AND OTHER PUBLIC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER: AND DO HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE CREATED AS EASEMENTS ON THE ACCOMPANYING PLAT TO THE PUBLIC FOREVER AS EASEMENTS FOR THE PURPOSES SHOWN HEREIN, UNLESS OTHERWISE EXPRESSLY PROVIDED THEREON: AND DO HEREBY GRANT THE RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED. EXECUTED THIS DAY OF A.D. 2015 BY: MARK FRIEDLAND, MANAGER STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D. 2015 BY MARK FRIEDLAND, MANAGER. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, JOHN M. HOWORTH, HEREBY CERTIFY THAT A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, BUILDING ENVELOPES, UTILITIES, IMPROVEMENTS AND EASEMENTS AS SHOWN ON THE TITLE COMMITMENT ARE NOTED HEREON AND ARE ACCURATELY SHOWN ON THIS PLAT AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH C.R.S. 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SURVEY CONTROL PRECISION LESS THAN 1/15,000. SIGNED THIS DAY OF , 2015 JOHN M. HOWORTH, PLS 25947 CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN THIS DAY OF , 2015. COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S REVIEW THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF , 2015. CITY ENGINEER TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE WHICH IS REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERTIFY THAT THE OWNERS OF LOTS A, B, C AND D, BLOCK 32, EAST ASPEN ADDITION, CITY OF ASPEN HOLD FEE SIMPLE TITLE TO THE PROPERTY. THE LAND IS FREE AND CLEAR OF LIENS, TAXES AND ENCUMBRANCES EXCEPT FOR THE MATTERS OF RECORD. ALTHOUGH WE BELIEVE THE FACTS STATED 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 NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER. :l's TITLE: ASPEN CITY COUNCIL APPROVAL THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS APPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THE DAY OF , 2014, BY ORDINANCE N0. SERIES OF 201_, RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY IN BOOK — AND PAGE AS RECEPTION NO. STEVEN SKADRON MAYOR DATE ATTEST: CITY CLERK CLERK & RECORDER CERTIFICATE THIS MOUNTAIN HOUSE LOT SPLIT PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY ON THE DAY OF 2015, AND IS RECORDED IN BOOK ON PAGE , AS RECEPTION NO. CLERK & RECORDER SHEET i OF 1 PREPARED BY � ASPEN SURVEY ENGINEERS, 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWW.ASPENSURVEYENGINEERS.COM DATE 07/15 JOB 13055D INC. y s� S \O � SITUATED ON: LOTS A,B,C AND D, BLOCK 32, EAST ASPEN ADDITION. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO CONTAINING: 12,000 SQ. FT. THE PURPOSE OF THIS PLAT IS TO ESTABLISH A LOT SPLIT OF THE 12,000 SQ .e A F 2, FT. LOT INTO TWO 6,000 SQ. FT. LOTS. A O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED A SPIKE OR P -K NAIL SURVEY CONTROL 9 CITY OF ASPEN GPS MONUMENT ® ELECTRIC TRANSFORMER ❑ UTILITY BOX CONIFER TREE CALIPER SIZE AS NOTED POSTED ADDRESS IS '905 EAST HOPKINS AVENUE' TITLE INFORMATION FURNISHED BY: STEWART TITLE COMPANY FILE NO.: 01330-54670 EFFECTIVE DATE: FEBRUARY 03, 2015 SITE UNDER CONSTRUCTION AT TIME OF LOT SPLIT 06/2015 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. A CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL PEOPLE BY THESE PRESENTS THAT 905 EAST HOPKINS, LLC BEING OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: LOTS A, B, C AND D, BLOCK 32,EAST ASPEN ADDITION CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO AND THAT SAID OWNERS HAVE BY THESE PRESENTS LAID OUT, PLATTED, AND SUBDIVIDED THE SAME INTO LOTS AND BLOCKS AS SHOWN HEREON AND DESIGNATE THE SAME AS MOUNTAIN HOUSE LOT SPLIT, A SUBDIVISION IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF REQUIRED IMPROVEMENTS: AND DO HEREBY DEDICATE AND SET APART ALL OF THE PUBLIC ROADS AND OTHER PUBLIC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER: AND DO HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE CREATED AS EASEMENTS ON THE ACCOMPANYING PLAT TO THE PUBLIC FOREVER AS EASEMENTS FOR THE PURPOSES SHOWN HEREIN, UNLESS OTHERWISE EXPRESSLY PROVIDED THEREON: AND DO HEREBY GRANT THE RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED. EXECUTED THIS DAY OF A.D. 2015 BY: MARK FRIEDLAND, MANAGER STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D. 2015 BY MARK FRIEDLAND, MANAGER. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, JOHN M. HOWORTH, HEREBY CERTIFY THAT A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, BUILDING ENVELOPES, UTILITIES, IMPROVEMENTS AND EASEMENTS AS SHOWN ON THE TITLE COMMITMENT ARE NOTED HEREON AND ARE ACCURATELY SHOWN ON THIS PLAT AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH C.R.S. 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SURVEY CONTROL PRECISION LESS THAN 1/15,000. SIGNED THIS DAY OF , 2015 JOHN M. HOWORTH, PLS 25947 CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN THIS DAY OF , 2015. COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S REVIEW THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF , 2015. CITY ENGINEER TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE WHICH IS REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERTIFY THAT THE OWNERS OF LOTS A, B, C AND D, BLOCK 32, EAST ASPEN ADDITION, CITY OF ASPEN HOLD FEE SIMPLE TITLE TO THE PROPERTY. THE LAND IS FREE AND CLEAR OF LIENS, TAXES AND ENCUMBRANCES EXCEPT FOR THE MATTERS OF RECORD. ALTHOUGH WE BELIEVE THE FACTS STATED 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 NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER. :l's TITLE: ASPEN CITY COUNCIL APPROVAL THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS APPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THE DAY OF , 2014, BY ORDINANCE N0. SERIES OF 201_, RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY IN BOOK — AND PAGE AS RECEPTION NO. STEVEN SKADRON MAYOR DATE ATTEST: CITY CLERK CLERK & RECORDER CERTIFICATE THIS MOUNTAIN HOUSE LOT SPLIT PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY ON THE DAY OF 2015, AND IS RECORDED IN BOOK ON PAGE , AS RECEPTION NO. CLERK & RECORDER SHEET i OF 1 PREPARED BY � ASPEN SURVEY ENGINEERS, 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWW.ASPENSURVEYENGINEERS.COM DATE 07/15 JOB 13055D INC. C:\General CADD 12\Gxd\13055D.gxd -- 07/01/2015 -- 01:29 PM -- Scale 1 : 120.000000 Mountain House Lot Split 905 East Hopkins Avenue PROPERTY OWNER: 905 East Hopkins, LLC c/o Aspen Starwood LLC 0133 Prospector Road, Suite 4102B Aspen, CO 81611 (970) 920-1280 PROPERTY: Lots A, B, C and D, Block 32, East Aspen Addition, City of Aspen, State of Colorado. Parcel ID No. 273718206002 REPRESENTATIVE: Richard Y. Neiley, Jr. Neiley Law Firm, LLC 215 South Monarch, Suite 105 Aspen, CO 81611 6800 Highway 82, Suite 1 Glenwood Springs, CO 81601 (970) 928-9393 aspenlaw(c,neile_ylaw. com PROJECT: Name: Mountain House Lot Split Location: 905 East Hopkins Avenue, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718206002 APPLICANT: Name: 905 East Hopkins, LLC Address: c/o Aspen Starwood LLC, 0133 Prospector Road, Suite 41026, Aspen, Colorado 81611 Phone #: (970) 920-1280 REPRESENTATIVE: Name: Richard Y. Neiley, Jr. Address: 6800 Highway 82, Suite 1, Glenwood Springs, Colorado 81601 Phone #: (970) 928-9393 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Lot Split Approved - Vacant Land "ROPOSAL: (description of proposed buildings, uses, modifications, etc) Approve Lot Split Plat ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: Ha a you attached the following? FEES DUE: $ 1,250.00 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-1) model. APPLICATION FOR APPROVAL OF LOT SPLIT PLAT Applicant, 905 East Hopkins, LLC, the owner of Lots A, B, C and D, Block 32, East Aspen Addition and Townsite of Aspen, Pitkin County, Colorado, seeks approval of a Lot Split Plat, pursuant to Sections 26.304, 26.490 and Title 29 Engineering Design Standards, of the City of Aspen Municipal Code. The property is located at 905 East Hopkins Avenue, Aspen, Colorado. Proof of ownership is appended hereto as Attachment No. 1, comprised of the Warranty Deed by which the Applicant took title to the property and Applicant's attorney's Certificate of Ownership. The City of Aspen approved a lot split for the property located at 905 East Hopkins Avenue, Aspen, Colorado, by Ordinance No. 10, Series of 2014, recorded in the real estate records of Pitkin County on May 20, 2015, at Reception No. 610464, a copy of which is appended hereto as Attachment No. 2. In accordance with Ordinance No. 10, Series of 2014, the Applicant has prepared the "Mountain House Lot Split" plat, copies of which are appended hereto, 11" x 17" and 24" x 36", appended hereto as Attachment No. 3. The executed mylar of the Mountain House Lot Split Plat was previously submitted to the Community Development Department. An electronic pdf version is also submitted with the digital copy of this Application. A letter authorizing the Neiley Law Firm, LLC to represent the Owner in connection with this Application is appended hereto as Attachment No. 4. The City of Aspen Pre -Application Conference Summary dated July 23, 2015 is appended as Attachment No. 5. The City's Homeowner Association Compliance Policy is appended as Attachment No. 6. Also submitted herewith is the City's executed Fee Agreement and a check in the amount of $1,250.00. The Applicant respectfully requests that the City review and approve this Application and the Plat submitted herewith, and record the mylar in the records of the Pitkin County Clerk and Recorder. Page 1 of 1 ATTACHMENT NO. 1 Proof of Ownership CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owner of Lots A, B, C and D, Block 32, EAST ASPEN ADDITION and Townsite of Aspen, PITKIN COUNTY, COLORADO, is 905 EAST HOPKINS, LLC, c/o Aspen Starwood LLC, 0133 Prospector Road, Suite 4102B, Aspen, Colorado 81611. A copy of the Special Warranty Deed vesting title in 905 East Hopkins, LLC, recorded at Reception No. 619002, is attached hereto. 2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subject real property or that could conflict with the approvals requested for the property. 3. The address of the property is 905 East Hopkins Avenue, Aspen, Colorado 81611. 4. There are no mineral reservations and there are no third parties who own any mineral interests in the subject real property. 5. There is legal access to the subject real prop y via East Hopkins Avenue, a public right of way. RICHARD Y. NEILEY, JR. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Certificate of Ownership was acknowledged and signed before me this, 2k -day of August, 2015, by RICHARD Y. NEIL,EY, JR. WITNESS my hand and official seal. My commission expires:`�C7f CONNIE A. WOOD NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19944009825 M 0ftMh391an 9xpir6F June 24, 2018 C)a�� - Notary Public RECEPTION#: 619002, 04/14/2015 at 01:43:28 PM, 1 OF 2, R $16.00 DF $1010.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED State Doc Fee: $1,010.00 THIS DEED Is dated the 14th day of April, 2015, and is made between (whether one, or more than one), Marmax Haytel, LLC, a Delaware Limited Liability Company the "Grantor" of the County of Pitkin and State of Colorado and 905 East Hopkins LLC (whether one, or more than one), the "Grantee", whose legal address is c/o Aspen Stanwood LLC, 0133 Prospector Road, Suite 41026, Aspen, CO 81611 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Ten Million One Hundred Thousand Dollars and No Cents ( $10,100,000,00 ) the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: Lots A, B, C and D, Block 32, EASTASPEN ADDITION to the City and Townsite of Aspen. County of Pitkin, State of Colorado also known by street address as; 905 East Hopkins Avenue, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to; See Exhibit "A" attached hereto and made a part hereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. MARMAX HAYTEL, LL9 A DELAWARE LIMITED LIABILITY COMPANY aj Michael H. Brown, Ma a er State of Colorado County of Pitkin The foregoing instrument was acknowledged before me this 14th day of April, 2015 by Michael H. Brown as Manager of MARMAX HAYTEL, LLC, a Delaware Limited Liability Company. VUitne s'my hand an ,,official seal. Public My commission expires: CiT'y ter V EH 6r,AA-T'!1a:1} ReF, OA ►rte. %`j ,1el�; �: Stewart Title File Number: 01330-54670 Page 1 of 2 Special Warranty Deed STCO EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2015, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, Sol] conservation or other district or inclusion in any water service or street improvement area. 3. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 29, 1958 in Book 185 at Page 69 as Reception No. 106874, 4. Ordinance No. 3 (Series of 1989) by the Aspen City Council rezoning Lots A, B and West 1/2 of Lot C, as set forth in instrument recorded January 10, 1989 in Book 611 at Page 599 as Reception No. 318969 5, Ordinance of the City Council of the City of Aspen, Colorado, to Rezone Specific Properties from Lodge Preservation to Underlying Zoning with a Lodge Preservation Overlay Ordinance No. 2, Series of 1997 as set forth in instrument recorded September 3, 1997 as Reception No. 407979, 6, Ordinance recorded May 20, 2014 as Reception No 610464. 7. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated February 2015 by Aspen Survey Engineers, Inc.: Fenceline along Southerly boundary and Southeast corner not located on property lines. 8. Any and all leases and tenancies Stewart Title He Number: 01330-54670 Special Warranty Deed STCO Page 2 of 2 ATTACHMENT NO.2 Ordinance No. 10, Series of 2014 RECEPTION#: 610464, 05/20!2014 at 10:29:06 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE ORDINANCE NO. 10 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT SPLIT FOR THE PROPERTY LOCATED AT 905 E. HOPKINS AVENUE, LEGALLY DESCRIBED AS LOTS A, B, C, AND D, BLOCK 32, EAST ASPEN ADDITION, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2737-182-06-002. WHEREAS, the Community Development Department received an application from Marmax Haytel LLC, represented by Stan Clauson Associates, Inc., requesting approval of a Lot Split for the property located at 905 E. Hopkins Ave, legally described as Lots A, B, C, and D, Block 32, East Aspen Addition, City and Townsite of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the property is currently zoned Residential Multi -Family (RMF) with a Lodge Preservation (LP) Overlay; and, WHEREAS, pursuant to Section 26.480.060.A, Lot Split, The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application with condition; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on May 12, 2014, the City Council approved Ordinance No. 10, Series of 2014, by a four to zero (4 — 0) vote, approving a Lot Split for the property located at 905 E. Hopkins Ave; and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Ordinance No. 10, Series of 2014 Page 1 of 3 Section 1: Lot Split Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Split for the property located at 905 E. Hopkins subject to the following conditions. Section 2: Subdivision Plat . The Applicant shall submit a Lot Split Plat in accordance with Section 26.490.080 to be recorded in the Pitkin County Clerk and Recorder's Office. The Lot Split Plat shall contain the information and be in the format required by Title 29 — Engineering Design Standards, Plats. Recordation of this subdivision plat does not constitute vesting in the Land Use Code at time of approval. Future development on the two newly created lots shall be subject to the Land Use Code and all other applicable regulations effective at the time of submission for such development. Section 3: Demolition The Mountain House Lodge that currently exists on the property shall be demolished prior to recordation of the Lot Split Plat, but in no case later than two (2) years after approval of this Ordinance. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existing Litigation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearin A public hearing on this ordinance shall be held on the 12th day of May, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 10, Series of 2014 Page 2 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 70' day of April, 2014. Attest: r L da Manning, City Cler FINALLY, adopted, passed and approved this n day of Cs , 2014. Attest: a Manning, City Clerk Approved as to form: ames R. True, City Attorney Ordinance No. 10, Series of 2014 Page 3 of 3 F.11 0 KITS vs I 1T4L199 rd MOM Mountain House Lot Split Plat 0 1111 20151 F U.S. SURVEY FOOT VICINITY MAP MOUN T A H N HOUSE L 00 T I, CITY OF ASPEN GPS SITUATED ON: MONUENT H0. 1 LOTS B,C AND D, BLOCK 32 \ EAST CITTEEFAABPEN N. COUNTY OF PITKIN STATE OF COLORADO \ CONTAINING: 12,000 W. FT. THE PURPOSE OF THIS PLAT 15 TO ESTABLISH A LOT SPLIT OF THE 12,000 50, FT. LOT INTO TWO 6,000 50. FT, LOTS. y IC�OTTY OFTAN ASPEN ll�- ; AZ®�xI1N R S P L R T CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL PEOPLE BY THESE PRESENTS THAT 905 EAST HOPKINS LLC COLORABO DESCETBEUEASIFaLEODs ALL THAT PEAL PROPERTY SITUATED IN PITKIN COUNTY, LOTS n B, C AND D. BLOCK 32,EAST ASPEN ADDITION CITY Of ASPEN COUNTY OF PITKIN STATE OF COLORADO AND THAT SAID OWIER5 HAVE BY THESE PRESENTS LAID OUT, PLATTED. AND SUBDIVIDED THE SNE INTO LOTS AND BLOCKS AS SHOWN HEREON AND DESIGNATE THE SNE AS MOUNTAIN HOUSE LOT SPLIT SUBDIVISION IN THE CITY OF ASPEN PITKIN COUNTY COLORADO AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR Tiff CONPLETIOH OF AEpu IS IMPROVEMENTS: MM1 DO HEREBY DEDICATE NDTHETACCOMHTPMTINBFPLAT TOBTHE ROADS SE OFATHE PUBLIC FOPEVEHPRAND DOTHEREBYP DEDICATE THOSE PDRTI ONS OF SAID REAL PROPERTY WIN. ME CREATED AS EASEMENTS ON THE ACC"ANTING PLAT TO THE PUBLIC FOREVER AS EASEMENTS FOR THE PURPOSES SHOWN HEREIN, UNLESS OTHERWISE EXPRESSLY PROVIDED THEREON: AND DO HEREBY GRANT THE RIGHT Tp INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASE2ENTS ME ESTABLISHED. EXECUTED THIS DAY OF A.D. 2015 BY: HARK FRIEDLAND, MANAGER STATE OF COLORADO i 55 COUNTY OF PITKIN 1 THE FOREGOING CERTIFICATE OF DEDICATION MD OWNERSHIP W ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. 2015 BY MARK FRI EOIMD. MANAGER. MY COFnI5510N EXPIRES: WITNESS MY HMD AND OFFICIAL SEAL. MIMI PUBLIC SURVEYOR'S CERTIFICATE I, JOHN M. HOW ATH, HEREBY CERTIFY THAT A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SVPERVI SIGH OF THE HEREOH DESCRIBED PROPERTY. TIE LOCATION AND DIMENSIONS OF INE BOUNDARY LINES BUILDING ENVELOPES, UTILITIES, IMPROVEIENTS MD EASEIENTS AS SHOWN ON THE TITLE CgHIYMENT ME NOTED HEREON MD ME ACCURATELY ,MOWN ON THIS PLAT MD THAT THE SURVEY WAS GONE INCONTHODAN ECW17N CLESC.T 1973AN 1 TITLE 38, ARTICLE 51 AS MENDED FROM TTI£ TO TItE. 'URSIGNED THIS —DAY OF , 3015 JOHN M, HOWORTH, PLS 3591) CITY OP ASPFN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL ""'LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED AND APPROVED BY THE CoWWi TY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN THIS DAY OF , 2015. —UNITY DEVELOFMENT DIPECTOR CITY ENGINEER'S REVIEW THIS LOT SPLIT PLAT OF MOUNTAIN HOUSE WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN IN 15 — DAY OF _, 2015, CITY ENGINEER T 1 TLE CERTIFICATE 110E UNDERSIGNED. DULY AUTHORIZED REPRESENTATIVE OF STEWMT TITLE WHICH IS REGISTERED TO DO BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT THE OW11ER5 OF LOT, A BL _[ MD D BLOCK 33, EAST ASPEN n6DITI0N, CITY of ASPEN HOLO FEE SIMPLE TITLE i'0 1� PROPERTY. THE LARD IS FREE MD CLEAR OF LIENS, TAXES MD ENCLMERANCES EXCEPT FOR THE MATTERS OF RECORD. ALTHOUGH WE BELIEVE THE FACTS STATED ME TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS M ABSTRACT OF TITLE NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, MD IT IS UNDERSTOOD MD AGREED THAT STEWMT TILE NEITHER ASSUES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITYWHATEVER, BY: TITLE: ASPEN CITY COUNCIL APPROVAL IRIS LOT SPLIT PLAT OF MOIMTAIN H9USE WAS APPROVED BY THE CITY OF ASPEN CITY COUNCIL ON THE DAY OF 2011, BY ORDINANCE M SERIES OF 201_, PECOPDED IN TME OFFICE OF THE CLERK L RECORDER OF PITKIN COUNTY IN BOOK _AND PAGE _ AS PECEPTI ON NO. STEVEN SKADRON MAYOR DATE ATTEST: CITY Cl. CLERK ✓p RECORDER CERTIFICATE THIS MOUNTAIN HOUSE LOT SPLIT PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLEPK A RECORDER OF PITKIN COUNTY ON THE _ DAY OF _ 2015, MD 5 RECORDED IN BOOK _ ON PAGE —, AS RECEPTION NO. LEGEND SD NOTES .R a0, CO. ® CLERK d RECORDER O FOUND SURVEY HONUTENT RESAR WITH CM AS NOTED A Z E Tj SPIKE OR P -K NAIL SURVEY CONTROL Y A 9 CITY OF ASPEN GPS HONUMENT 12 Z O O H 2591> E ELECTRIC IS SF(HUEfl $L1j W 32 X20.00. ❑ UTILITY BOK CONIFER TREE CALIPER 512E Al NOTED A ~8 ,q s p �� 50.00• Is �Dt ATV` POSTED ADDRESS IS '905 EAST HOPXINS AVENUE' "G 7,010, . T�p. TITLE INFORMATION FURNI5HED BY: 12p'PO' W10 d O 5W' STEwART TITLE COMPANY EI R ❑ FILE NO.: 01330-546)0 PAVED d �i" 'MUS.5X EFFECTIVE DATE: FEBRUARY 03, 2015 SITE UNDER CONSTRUCTION AT TIRE OF LOT SPLIT 06/2015 PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 W .ASPENSURVEYENGINEERS.COM DATE JOB SHEET I OF 1 07/15 13055D ATTACHMENT NO.4 Authorization to Represent 905 EAST HOP NS LLC c/o Aspen Starwood LLC 0133 Prospector Road, Suite 4102B Aspen, CO 51611 July 28, 2015 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 RE: 905 East Hopkins, City of Aspen, State of Colorado — Parcel ID No. 273718206002 Dear Sir/Madam: Please accept this letter as authorization for Richard Y, Neiley, Jr. and the Neiley Law Firm, LLC to represent 905 East Hopkins LLC in connection with a Land Use Application for lot split approval for the above -referenced property. 905 EAST HOPKINS LLC. � a ark Friedland, Manager d—c(ZC) ^ Iz's-o ATTACHMENT NO.5 City of Aspen Pre -Application Conference Summary CITY OF PRE -APPLICATION CONFERENCE PLANNER: Justin Barker, 429.2797 DATE: 7/23/15 PROJECT: 905 E. Hopkins Lot Split REPRESENTATIVE: Neiley Law REQUEST: Development Documents DESCRIPTION: The Applicant received Subdivision approval (City Council Ordinance #10, Series of 2014 for a Lot Split of the property located at 905 E. Hopkins Avenue. The conditions of approval in Resolution #10 require submission of a Lot Split Plat. The project currently has a deadline of May 12, 2016 to submit this document (two years from the date of approval of Ordinance #10). A Lot Split Plat is reviewed administratively. No public hearings are required. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.490 Approval Documents http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Title-26-Land-Use-Code/ Other Municipal Code Sections(s): Title 29 Engineering Design Standards Review by: Staff for completeness and approval of documents Planning Fees: Planning Deposit: Recordation Documents Review - $975 for 3 hours of staff time. Referrals: Engineering (per hour): $275 Total Deposit: $1,250 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: ❑ 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. ❑ 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. ASLU Development Documents 450 E. Durant St. 2737-182-21-851 ❑ HOA Compliance form (Attached) ❑ Copy of the draft plat on an 11x17. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application, including the draft plat, provided in PDF file format. 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. K Aomeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance 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 b the property owner or Attorney representing the property owner. Name: Property Owner ("I"): Email: Phone No.: Address of Property: (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. Evidence of approval is attached. understand this policy and I 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 document is a public document. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: date: date: ATTACHMENT NO.6 City of Aspen Homeowner Association Compliance Policy Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 905 East Hopkins Avenue Aspen, Colorado 81611 I, the property owner, 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 building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. I 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 document is a public document. Owner signature: date: 905 East Hopkins, LLC Owner printed name: or, Attorney signature: date: 8/3/15 Attorney printed name: Richard Y. Neiley, Jr. November, 2014 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090