HomeMy WebLinkAboutcoa.lu.su.Aspen Highlands deck.A06902
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CASE NUMBER A069-02
PARCEL ID # 2735-143-14001
CASE NAME Amendment to Block E, Highlands Village Subdivision
PROJECT ADDRESS Block E, Aspen Highlands Village
PLANNE~ James Lindt
CASE TYPE Subdivision Amendment
OWNER/APPLICANT Hines Highlands Limited Partnership
REPRESENTATIVE
DATE OF FINAL ACTION 7/9/03
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
No Action Needed
7/9/03
J. Lindt
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Jun130-2003 11 :29am
From-WEAR TR~'~UEGER & PERKINS
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9704787118 T-832 P,001/003 F-355
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Wear, Travers, Krueger & Perkins
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page telecopy (including this cover page). If you do not receive all
any difficulties with this transmission, please call our office at (970)
hank you.
--
OPERATOR:
. James Lindt
DATE:
FROM:
CONFIRM #:
Weare sending you a
of the pages, Or enco
476-7646 immediately.
Additiorull Comments
.****...***.~...*.*.*..*.....
THIS MP.SSAOli IS INTgNDED '~
CONTAIN INFORMATION THA
LAW. If Ih,"" J'COider or lhi~ message
r~jpll:na:J YOQ 1r'Q lll;fe\1y l'\Qd1led
received lhi~ cammunication in e
:lddrt~ ~ia lhe u,S, Pom! Service,
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,e eel. ,'7Ef USg OF THE 1NDIVlIlUAL OR ENTITY TO WHICH IT IS ADDRJ;SSliD AND MAY
IS PRJVll..0F.t>. CONFIDF.NTIAJ. AND .xaMPT FROM DISCLOSURE UNDER APPUCABLE
nOl the in.tended recipient Ct the empl<Jyee or agioID'l responsible tot delivering the mesit\ge 10 lh.a intended
tmy.4ill~enPTu;t.t1onl dllr."tTlb~Qon Ill' c,)l'ytns: ot ttill; ~mmlRlic:adOT\ 1$ stl'ic~ly p'l'Ql1f1)1ted. If~havc
. please notify \.IS immediataly by ~Iephoni! (collect). and return thi! original :rtI.es:~gillO UIO al1ht: above
n.k)'ou.
Jun-~0-2003 11 :29am
Fr.m-WEAR~E~~UEGER & PERKINS
9704757118
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P,002/003
F-355
which driveways are 10 ated and as s[lccifically designated on the Plat. No Owner shall hinder
nor permit his guest to der reasonable access by any other Owner and his guest to the Units.
Section 8.2 rded Easemcnts. The Pwpcrty shall be subject to all easements as
shoWll 011 any record plat affecting the Propcny and to any olher easelllents and licenses of
record or of use as ofth date of recordation of Ihis Declaration, which easements and licenses of
record are set forth on the attached .E!'.b.iliil..D. Tn addition, the Property is subject to those
easctJlents set forth in t s Article 8.
Section 8.3 's . I " t Co Marketin . Declarant, for
itself and its successors d specific assigns. hcreby retains a right and easement of ingress and
egress over. in, upon, nder, and acr,)ss Ihe Property and the right to store materials on the
Property and to make ch other use 0 r the Propclty as may bc reasonable necessary or incident
to the complete cons tion and sale of Ihe Project, including. but not limited to, construction
trailers, temporary co ction offices, sales offices, and directional and marketing signs;
provided, however, Ih no such rights shall be exercised by Declarant in such a way as to
unreasonably interfere ith the occupancy, use, enjoyment, or access by any OWller, or family
members, guests, lellan ,or invitccs or' 'illY Owner. Declarant, for itself and its successors and
specific assigns, her retains a right 10 maint<lin any Unit or Units as sales offices,
management offices, cA,] ,e~!don0es so long (,S Declarant. or any Successor Declarant,
continues 10 own, leas , or conuol :\ Unit. The use by Declarant of any Unit as a model
residence, ollice, or ot r use shalllltll affect U,e linit's designation on the Map as a separate
Unit.
Section 8.4
8.4.1
8.4.2
casement for the main.
in the future, OD the Un
ch Unit is subjecl 10 a blanket easement for support and a blanket
ance of me structures or improvements presently situated, or to be built
8.4.3 ere' is hereby created a blltnket easement upon, across, over, in and
tinder the Property f~. ~~ benefit of the Units and the stl1lCturcs and improvements situated
thereon. inCluding tbeany walis, for ingress and egress, installation, replacine, repalrlngand
maintaining a common re safety sy~klll. if ,my, and all utilities, including, but not limited to,
water. sewer. gas, tel one, cable television and electricity. Said blanket easement includes
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1" 0' 411 R ZZll.ee D e.1III It e.ee PZ'Il(ZN COUMTY CO
'- Jun-~0-200S 11 :29.m From-WEAR *~UEGER & PERKINS
9704767118 T-m p, DOS/DOS ,F-m
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future utility services t preselltly available 10 the Unit~ which may reasonably be required in
the future. By virtue of tlus easemenl, it shall ht: expressly pennlssible for the companies
providing utilities to t and n1l1inta;1I the nccessary equipment on any of the Units and to affix
and maintain electrical dial' lelcphollc wire., cireLlilS and conduits on. above, across and under
the roofs and exterior ails of the improvements, all in a manner customary for such companies
in the area surroundin 'he Property, slIb}ecl to approval by the Association as to locations. By
virtue of this easemen it shall also b" expressly permissibly for Declaranlto affix, erect and/or
maintain equipment, .")^)C,~bhg, circuits and conduits within any Unit and facilities and
appurtenances within y "sprinkler room" of a Ullit related to a common fire safety system, if
any. servicing such U 't and other U"il(S) Served by sllch system. and an easement for thc
installation, operation, aintenance, I'Cpl:lcemCn[ and repair of such system is hereby granted to
Declarant and the Asso ation
8.4.4
Units serving more t
Owners of Units Sery
across those portions 0
driveway and as are
reasonable access by an
a Units Dlay hav~ cOlllmon ~ecess roads and/or d!iveways upon certain
one Unit, and thcre is grantod hereby a non-exclusive easement to !be
y any such f\,,,d or drivew.\y for ingress and egress purposes over and
Common Men and such Units which are used as a common road or
on the Pbl, No Owner shall hinder nor pennit his guest to hinder
; other Owner '''<I his guest 10 the Units and parking areas.
8.4.5 T declarant under the Masler Declaration and the officers, agents,
employees and indepen ent contractms of th~ Ma!ikr Association shall have a nonexclusive
easement to enter upon C ,Properly for the purpOse of performing or satisJying their respective
obligations as sat faIth i the Master De,~laralion and other Master Association DocumCllts.
Section 8.5 R erva Qt. ~'xpal'sion. Declarant hereby reserves to itself and the
ASsociation and/or for ers in all flltllN phases of [he Project an easement and right-of-way
over, upon and aCfOSS Property fOl' ",mSlrUe(;on, utilities, drainage, irrigation, and ingress to
and egress from the Ex ansion l'ropeny, and other properties abutting and contiguous to the
Property and the EJ(l'~" ^)'~ l'ro;,erty. llnd fur use of the Common Ares as may be reasonably
necessary or incident to e construction "f improvements on the Units or other improvements on
the Property Or the Exp ion Property; "rovilled, however, that no Such rights shall be exercised
by Declarant in a WIly hich unreasllllilhly interferes with the occupancy, \IS~, enjoyment, or
aecess to the Project by e Owners. The local ion of these easements and rights-oC-way may be
made certain by Deel t or the Association by instruments recorded in the Office oCthe Clerk
and Recorder, Pitkin Co !y, Colorado.
I aint..\ cc HllSe\1~, An easement is hereby reserved to
the Associ:llion, and any member of the Executive :Board or the
ir respective (lfficers, a!lenls, employees, and assigns, upon, across,
perty and a ri:\lll to make such use oCthe Property as may be necessary
merllency "'pairs, (0 perl:;'rm the duties and functions which the
r pennitted to perfOTnl pursuant to the Association Documents, or to
icle Sand Anic!. G above, illcluding the right to enter upon any Unit
Section 8.6
Declarant, and granted
Managing Agent, and
over, in, and under the
or appropriate to make
ASSOCiation is obligated
exercise its rights under
Hlitt::Jlm41'C(11f ltn4lnlloma"'~ln",'I(tn
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l' of 415 R 22!." D.... N '.11 PITKIN COUNTY CO
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which driveways are 10 ated llI1d lIS sp~cifical1y designated on the Plat No Owner shall hinder
nor permit his guest to er reasonable access by any other Owner llI1d his guest to the Units.
Section 8.2 rded EasclllclllS. The Property shall be subject to all easement. as
shown QIl any record plat affecting the Propcrty 3nd to any other easetl1el1ls and licenses of
reCord or ofuse as ofth date of recordation of Ihis Declaration, which easements and licenses of
record are set forth on the attached bhibit O. Tn addition, the Property is subject to those
easements set forth in t s Article 8.
Section 8.3 C' a 's i h s I Olden! to Co s e n Marketin . Declarant, for
itself and ils successors d specifIc assigns. hereby retains a right and easement of ingress and
egress over, in, upon, nder, and ae'\lSS the J>ropcnyand the right to store materials on the
Property and to make s h other use 0 r tile PropcI1y liS may be reasonable necessary or incident
to the complete cons tion and sale of the Project, including, but not limited to, construction
!railers, tcnnporary co truction offiees. sales offices, and directional and madceting signs;
provided, however, th no such rights shall be exercised by Declarant in such a way as to
unreasonably interfere ith the occup,mcy. use, ~'I1joyment, or access by any Owner, or family
members, guests, tenan or invi\ces or' ally Owner. Declarant, for ilself and its successors and
specific assigns, her retains a right 10 maintain any Unit or Units as sales offices,
management offjc~, c ',,', "~s;del1ces so long (IS Declarant, or any Successor Declarant,
continues to own, leas , or control :t Unit The use by Declarant of any Unit as a model
residence, office, or ot ruse shalllllll affect Ule lJnit's designation on the Map as a separate
Unit.
Section 8.4
8.4. I ch Unit shal J be subject to all easement for encroachments created by
construction, settling d overhang, previously existing or as designed and constructed by
Declarant or asa result of any addition or improvement pursuant to this Declaration including,
without limitation, any tips'and decks encroaching into the Common Area. A valid easement
for such encroachmen and for the mtdmcnance of same, so long as they exist, shall and does
exist. In the event improvement is pnrtial1y or totally destroyed, and then rebuilt. the
Owners agree that min cQcroaclunent, of purls orUle adjacent Unit dlle to constmction shall be
pemitted and that a v id easement for said encroachment and the maintenance thereof shall
exist so long as the imp vements shall sr3l\d.
8.4.2
casement for the maim
in the future, on the Un
ch Unit is subject to a blanket easement for support and a blanket'
ance of the Slructures or improvements presently situated, or to be built
8.4.3 ere' is hereby creared a blllnket easement upon, across, over, in and
tinder the Property f"~, 1.". benefit of the Units and the structures and improvements situated
thereon, including !be arty' 'IV alis. for ingress and egress, installation, replacing, repairing and
maintaining a common Ire safety syslcm.if any. ano all utilities, including, but not limited to,
water, sewer, gas, tel one, cable television and electricity. Said blanket easement includes
Hme~1mtJ1'OOn IDWMO'11leSldl!l:/.t'D n 8m
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11111lI1I1lI1I1II1111I1111111I/111II11I IIII1BII III IIII
439494 DI/12/ZlIe 11'11. COVENANT DAVIS SJLVI
I' of 45 R 225.11 D e.1I It .... 'ITKJH COUNTY CO
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MEMORANDUM
TO:
Plans were routed to those departments checked-off below:
o umU.U. City Engineer
o .uuuuu Zoning Officer
o .mUU'U Housing
o uuumu Parks Department
o uuuu.u Aspen Fire Marshal
o um.mU City Water
o uuuum Aspen Consolidated Sanitation District
o .muu.U Building Department
o .mmm. Environmental Health
o uUU'UU Electric Department
o .uuuuu Holy Cross Electric
o mmUU. City Attorney
o u.uuuu Streets Department
o ummm Historic Preservation Officer
o uumuu Pitkin County Planning
X ........ Community Development Engineer
TO:
DRC Representatives
FROM:
James Lindt, Planner
Community Development Department
130 S. Galena St; Aspen, CO 81611
Phone-9205095 Fax-9205439
RE:
Plat amendment for Block E, Aspen Highlands Subdivision
DATE:
August 21, 2002
Please return comments by August 23'd.
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MEMORANDUM
To:
Matt Stokes, Hines Highlands Limited Partnership
From:
James Lindt, Planner
Date:
August 27,2002
Re: Block E, Aspen Highlands Village Subdivision Amendment
Plat- Community Development Department's Comments
Please make the following changes to the Block E, Aspen Highlands
Subdivision Amendment Plat prior to submittal:
1. Please show both the existing and proposed property lines.
2. Please provide signed letters of consent from every property owner
within Block E, of the Aspen Highlands Village SubdivisionIPUD at
the time of submittal for signatures.
3. Correct the Aspen Sanitation District's issue about the width of the
sewer easement on a separate document. Please provide a recorded
copy of said document at the time of submittal for signature. Please
remove Plat Note No. 13 regarding the sewer easement
4. Please provide a letter of consent from the Utility Agencies that are
benefited by the utility easement that the deck of Unit 10 encroaches
within.
5. If there is a description of the common area in the covenants or related
documents, such documents must be amended to reflect the proposed
change.
6. All of the Community Development 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, Community Development Engineer, and
Pitkin County Clerk and Recorder prior to submitting mylars to
Community Development Department.
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MEMORANDUM
To:
Matt Stokes, Hines Highlands Limited Partnership
From:
James Lindt, Planner
Date:
August 27,2002
Re: Block E, Aspen Highlands Village Lot Line Adjustment Plat-
Community Development Department's Comments
Please make the following changes to the Block E, Aspen Highlands
Subdivision Amendment Plat prior to submittal:
L Please amend the title ofthe Plat to read as follows: "Lot Line
Adjustment Plat of Block E, Aspen Highlands Village PUD".
2. Please add the following plat note: "Approval ofthis Lot Line
Adjustment will not affect the development rights, allowable FAR, or
permitted density on any of the lots involved in said Lot Line
Adjustment" .
3. Please change all signature blocks to say "Lot Line Adjustment Plat"
rather than "First Amended Plat" .
4. Please show both the existing and proposed property lines.
5. Please provide signed letters of consent from every property owner
within Block E, of the Aspen Highlands Village Subdivision/PUD at
the time of submittal for signatures.
6. Correct the Aspen Sanitation District's issue about the width of the
sewer easement on a separate document. Please provide a recorded
copy of said document at the time of submittal for signature. Please
remove Plat Note No. 13 regarding the sewer easement.
7. Please provide a letter of consent from the Utility Agencies that are
benefited by the utility easement that the deck of Unit 10 encroaches
within.
8. If there is a description ofthe common area in the covenants or related
documents, such documents must be amended to reflect the proposed
change.
9. Please show existing and proposed lot lines on the plat.
10. All ofthe Community Development Engineer's Comments must be
reflected on the final set oftwo mylar plats in addition to the
Community Development Department's comments.
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1 L Obtain all signatures with the exception of the City Community
Development Director, Community Development Engineer, and
Pitkin County Clerk and Recorder prior to submitting mylars to
Community Development Department