HomeMy WebLinkAboutcoa.lu.ec.601-603 North St-Kandahar Duplex.1984 BOOK 464 mail
256F96
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR KANDAHAR CONDOMINIUMS
LOFT TT„ 3;`:HNEFf
NI KIN CTY.RECORDER WHEREAS, KANDAHAR INVESTMENTS, LTD., a British Virgin
APR 6 'OslaaesIlimited partnership as to an undivided 99% interest and
ARTHUR M. PASTEL as to an undivided 1% interest (hereinafter
"Applicant "), are the owners of a parcel of real property (and
the improvements thereon) situate in the City of Aspen, Pitkin
County, more particularly described as follows:
Fractional Lots 7, 8 and 9, Block 20, Hallam's
Addition, and Fractional Lots G, H and I, Block 20,
City and Townsite of Aspen, County of Pitkin, State of
Colorado
also known as 601 -603 North St., Aspen, Colorado.
WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing the
building on the subject property; and
WHEREAS, the City Council determined at its meeting of
February 13, 1984, that such exception was appropriate and
granted the same, subject, however, to certain conditions;
NOW, THEREFORE, the City Council of Aspen, Colorado,
does determine that the owners' application for exception from
the full subdivision process for the purpose of condominiumiza-
tion of the Kandahar Duplex is proper and hereby grants an
exception from the full subdivision for such condominiumization;
PROVIDED, HOWEVER, that the foregoing exception is
expressly conditioned upon: (1) the Applicant's recording
(contemporaneously herewith) with the Pitkin County Clerk and
Recorder that "Declaration of Covenants, Restrictions and
Conditions for KANDAHAR DUPLEX ", dated February 28, 1984 ,
max 464 242
1984, and (2) the Applicant's strict compliance for itself, its
successors and assigns, with the provisions contained therein and
all other binding conditions of approval or this matter set by
the City Council.
DATED this # day of , 1984
Mayor
APPROVED AS TO FORM:
Paul J. Taddu2ire, City Attorney
I, KATHRYN S. KOCH, do hereby certify that the
foregoing Statement of Exception from the Full Subdivision
Process for the Purposes of Condominiumization of KANDAHAR
CONDOMINIUMS was considered and approved by the Aspen City
Council at its regular meeting held / , 1984, at
which time the Mayor, William L. Stirling, was authorized to
execute the same on behalf of the City of Aspen.
4 Kathryn S och, City Clerk
BEEF,'
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soox 464 wt243
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE KANDAHAR CONDOMINIUMS
Kandahar Investments, Ltd., a British Virgin Island
Corporation as to an undivided 99% interest and Arthur M. Pastel
as to an undivided 1% interest, (hereinafter "Covenantors ") for
themselves individually and for their personal representatives,
successors and assigns, in consideration for the granting of an
exception from the full subdivision process for the purpose of
condominiumization of the following described property, hereby
covenant with the City of Aspen, Pitkin County, Colorado, to
restrict said property, and hereby does restrict said property as
follows:
1. Covenantors represent that they are the record
title owners of the following described property, situate in the
City of Aspen, Pitkin County, Colorado, together with the
improvements located thereon:
Fractional Lots 7, 8 and 9, Block 20, Hallam's
Addition, and Fractional Lots G, H and I, Block
20, City and Townsite of Aspen..
also known as 601 -603 North Street, Aspen, Colorado 81611.
2. The sale of any of the dwelling units located on
the above described property shall be in strict compliance with
the provisions of Section 20- 22(a), Aspen Municipal Code as
follows:
(a) Existing tenants shall be given written notice
when their unit is offered for sale, which notice shall
specify the sale price. Each tenant shall have a
ninety -day nonassignable option to purchase their unit
at this preliminary market value. In addition, each
tenant shall have a ninety -day exclusive nonassignable
right of first refusal to purchase their unit which
shall commence when a bona fide offer is made by a
third person, and accepted by the owner. In the event
that such offer is made while the ninety -day option is
still in effect, the tenant may purchase the unit for
C wthemount of the initial sales price or the amount of
wo
CD r°the ona fide offer, whichever is less.
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3. The dwelling units located on the above - described
property shall and hereby are restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per calendar
year, all described in Section 20- 22(b), Aspen Municipal Code, as
amended.
4. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20 -16 of the
Municipal Code of the City of Aspen, as amended, become, in the
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the above described
property, convenantors will make no objection to any special
assessment or special tax or proceeding therefor on the basis
that the property is adequately served by existing improvements
and /or on the basis that the premises will not be served or
benefited by the improvement or improvements proposed.
Convenantors further agree to join, upon the demand therefor by
the City, any special improvement district, urban renewal
district, or downtown development district formed for
construction of such improvements (including, without limitation,
signage, drainage, underground utilities, paved streets and
alleys, planting, curbs, gutters, sidewalks, street lights,
traffic circulation, trails, recreation facilities, berms open
space lands, public transportation facilities, parking, etc.) in
the area of the above - described property or to reimburse the City
of Aspen directly upon demand therefor if the City should choose
to construct these improvements without the formation of such a
district.
5. The covenants contained herein shall run with the
land and shall be binding on all parties having any right, title
or interest in the above - described property or any part thereof,
and their heirs, representatives, successors and assigns, for a
period of fifty (50) years from the date these covenants are
recorded.
6. None of the covenants contained herein shall be
released or waived in any respect or modified or amended during
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tion 464 P4 E245
the period they are binding without the prior consent of the City
of Aspen reflected by Resolution of the City Council of the City
of Aspen.
IN WITNESS WHEREOF, this declaration has been duly
executed this 28th day of Februay_ , 1984
KANDAHAR INVESTMENTS, LTD., a
British Virgin Island limited
partnership
' % slams
A ur M. Pastel, by is a torney-
in -fact, Andrew V. Hecht
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing document was acknowledged to before me
thi '`"d a".. day of February , 1984, Kandahar
rivestment a British Virgin Island limited partnership by
. its aet% 'ney ==in -fact, Andrew V. Hecht.
• U ` ,v ; % W ,TNESS my hand and official seal.
commission expires: 1 -21 -85
I t
le OF C.O
il ... .k ♦ Ate_ _ _
otary rublic
Addres -: 601 E. Hyman Avenue
Aspen, CO 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing document was acknowledged to before me
th's att th day of February , 1984, Arthur M. Pastel by
�I
his tt 'y-in-fact, Andrew V. Hecht.
•� \ i21 WITNESS my hand and official seal.
Mp commission expires: 1 -21 -85
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Nota ublic I u"�_ _ _
Address': 601 E. Hyman Avenue
Aspen, CO 81611
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CASELOAD SUMMA~Y SHEET
City of Aspen
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No.
Staff:
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PROJECT NAME: . \(~","l~\...,- \;)-.\.{I\c.,c (OJ.O......\""..._\~A~~O'"
APPLICANT: ~1oc-1.~\..",<<.. ""t_.oI&.\\-......J... l.kQ. Phone:
REPRESENTATIVE: b..~"\ \\Q.c..\..A Phone: ~1.). \~"\Io
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TYPE OF APPLICATION:
I.GMP/SUBDIVISION/PUD (4 step)
(Fee)
11. Conceptua 1 Submi s.s i on
2. Preliminary Plat
3. Final Plat
II. SUBDIVISION/PUD (4 step)
($1,840)
($1,120)
($ 560)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
($1,290)
($ 830)
($ 560)
($1,010)
($ 165) ~J't>.tl6
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II I. EXCEPTI ON/EXEMPTI ON/REZONI NG (2 step)
IV. SPECIAL REVIEW (1 step) C,-\,c.........a
~H.. 84ll \ 11
1. Special Review
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2. Use Determination
3. Conditional Use
REFERRALS:
./ Attorney
\I' Engineering Dept.
Date Referred:
1/1'(94
Sanitation District
School District
Mounta i n Be 11
Housing
Water
Rocky Mtn. Nat.Gas
State Hgwy. Dept.
Pa rks
Holy Cross Electric
Fire Chief
City Electric
Fire Marshall/Building Dept.
Other
)( Engineering
Date Routed::;4. Ii Y-) ~It
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FINAL ROUTING:
. ~Attorney
Bun ding
Other
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DISPOSITION:
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
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"Move to approve the Kandahar Subdivision Exception subject to:
1. The preparation of a plat meeting the Final Condominium Plat.
requirements of Section 20-15 to be approved by the City
Engineer prior to recording;
2. Subject to the preparation of a "Statement of Subdivision
Exception" to be approved by t:he City Attorney prior to
recording;
3. Subject to the applicants agreement to join any improvement
districts which may be formed in the area in the future; and
4. Compliance with Section 20-22 requirements" specifica.lly:
a;
That tenants be given written notice 'when their unit is
offered for sale and they will have a 90-day non-assignable
option to purchase. In addition, each tenant shall have
a 90~day exclusive non-assignable right-of-first-refusal
which. shall commence when a bona fide offer is made by a
third person; and
b, All units shall be restricted to six month minimum
leases with no more than two shorter tenancies per
year. "
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MEMORANDUM
TO:
City Council
FROM:
Richard Grice, Planning Office
RE:
Kandahar Duplex Condominiumization
DATE:
February 13, 1984
This is an application for Subdivision Exception pursuant to Section
20-19 of the City code. Exception is requested for the condominiumi-
zation of this duplex located on 9,000 square feet (Lots G, H and I,
Block 20, Original Aspen Townsite) located on the corner of North and
5th Streets.
A Supplemental Affidavit was provided which indicated that the rental
unit is a luxury unit with a monthly rental of $4,000 per month, well
above employee housing guidelines.
The Engineering Department noted a number of problems with the plat
which must be correct prior to recording.
The City Attorney's office has not identified any significant legal
problems but requested approval be subject to a "statement of Excep-
tion" to be approved prior to recording.
We did not submit this application to the Building Department since the
subject duplex is less than two years old and therefore not subject to
the "life, health and safety" requirements.
The Planning Office recommends approval with the following motion:
"Move to approve the Kandahar Subdivision Exception subject to:
1. The preparation of a plat meeting the Final Condominium Plat
requirements of Section 20-15 to be approved by the City
Engineer prior to recording;
2. Subject to the preparation of a "Statement of Subdivision
Exception" to be approved by the City Attorney prior to
recording;
3. Subject to the applicants agreement to join any improvement
districts which may be formed in the area in the future; and
4. Compliance with Section 20-22 requirements, specifically:
a. That tenants be given written notice when their unit is
offered for sale and they will have a gO-day non-assignable
option to purchase. In addition, each tenant shall have
a 90-day exclusive non-assignable right-of-first-refusal
which shall commence when a bona fide offer is made by a
third person; and
b. All units shall be restricted to six month minimum
leases with no more than two shorter tenancies per
year."
./
NUMBER 3
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601
TRACY TiTLE, LTD.
E. lIymal' Ave., Suite 103
Aspel', Co. 81612
(303) 920-1123
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Fee $ 50.00
Ownership and Encumbrance Report
The Company hereby certifies from a search of the Company's property account
(compiles from records contained in the Pitkin County Clerk and Recorder's
office) that the real property described below is vested of record in the name
of:
Kandahar Investment, Ltd., a British. Virgin Island Corporation
\
Description of real property:
Fractional Lots 7, 8 and 9, Block 20, lIallam's Addition, and
Fractional Lots G, II and I, Block 20, City and Townsite of Aspen
County of Pitkin; State of Colorado.
and that there are no mortgages and/or Deeds of Trust recorded against said real
property other than those for which a release appears of record and other than
the following:
)
\
Al though we believe the information set forth herein to be accurate, the Company
neither assumes, nor will it be charged with any financial obligation or liability
whatsoever on account of any statement contain(~ herein, except that should this
report be found to be incorrect, Our 1 i abi ) i ty is rest ricted to the fee paid hereunder.
This is not to be construed as an abstract of title, nor an opinion of title, nor
a guaranty of title, nor a policy of title insurance. If obligation is to be
assumed by the Company, application for tit Ie insurance policy or other title
evidence must be made.
Da ted at Aspen, Colorado, this 25th day of SEPTEMBER
, 19~., at 8:00 A.~I.
TIIACY TITLE, LTD.
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By ./' ,/'/ //. /' "/.'.
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Authorized Signature
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Underwritten by SAFECO TITLE INSURANCE \:l)~t1'ANY
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LAND USE DATA SH~'
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NAME : KANDAHAR INVESTMENTS, LTD.
ADDRESS: 601 East Hyman Avenue, Aspen, Colorado 81611
PHONE: 925-1936
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NAME OF PROJECT: To be determined
TOTAL AREA: Approximately 9,000 sq. ft.
EXISTING USE: MUlti-family; duplex
PROPOSED USE: Multi-family; condominiums
APPROXIMATE SQUARE
FOOTAGE OF EACH: Unit A - 3,590
Unit B - 3,590
PRESENT ZONING OF SITE: R-16
DESCRIPTION OF LAND USE PROPOSAL: Applicant seeks an exception from
subdivision to condominiumize a duplex structure to be constructed
on the corner of 5th and North Streets in Aspen, Colorado. Because
this will be a new structure it will result in no decrease in the
amount of low, moderate or middle income housing available in the
Aspen area.
LEGAL DESCRIPTION: Lots G, H and I, Block 20, City and Townsite of
Aspen, Pitkin County, Colorado
PARKING: Two covered and two uncovered spaces per unit.
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
SUBDIVISION
P.U.D.
EXEMPTION
SPECIAL REVIEW
35-acre +
Subdivision
BUILDING PERMIT
REVIEW
REVIEW PHASE:
PRE-APPLICATION
GENERAL SUBMISSION
DETAILED SUBMISSION
DATE COMPLETED
DATE
DATE
DATE
DATE
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
FINAL PLAT
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RONALD GARFIELD
ANDREW v. HECHT
GARfIElD Be HECHT, PoC.
KATHERINE HENDRICKS
WILLIAM K. GUEST, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
January 10, 1984
Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
RE: KANDAHAR DUPLEX
Dear Commission Members:
This is an application for the condominiumization under
Section 20-22 of the Aspen Municipal Code of the Kandahar Duplex.
In support of such application the undersigned states that all of
the following requirements shall be complied witho
(a) The existing tenant, as there is only one tenant,
shall be given written notice when her unit is offered for sale,
which notice shall specify the sale price. Each tenant, if
others are subsequently installed and unless the required notice
is expressly waived by them, shall have a ninety day
nonassignable option to purchase their unit at this preliminary
market value. In addition, each tenant shall have a ninety day
exclusive nonassignable right of first refusal to purchase their
unit which shall commence when a bona fide offer is made by a
third person, and accepted by the owner 0 In the event that such
offer is made while the ninety day option is still in effect, the
tenant may purchase the unit for the amount of the initial sales
price or the amount of the bona fide offer, whichever is less.
(b) All units shall be restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
year.
The attached affidavit of the owner demonstrates that
the approval will not reduce the supply of low and moderate
housing.
Sincerely,
GARFIELD & HECHT, OP.C.
c:.:.::=:~~~~~
By: Andrew V. Hecht
For Kandahar Investments, Ltd.
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Enclosure
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AFFIDAVIT OF KANDAHAR INVESTMENTS, LTD.
STATE OF COLORADO
COUNTY OF PITKIN
ss.
Kandahar Investments, Ltd., ("Kandahar") after being
first duly sworn upon oath, state and depose as follows:
1. Kandahar is the owner of the improvements located
on Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and
Fractional Lots G, H and I, Block 20, CITY AND TOWNSITE OF ASPEN,
County of Pitkin, State of Colorado.
2. Kandahar submits the following information for you
to rely on in considering its application to convert the above
referenced improvements to condominiums:
a. There is only one tenant and Kandahar has no
intention to displace the tenant currently residing at Kandahar
Duplex as a result of the conversion.
b. No other tenant has ever occupied either unit of
the Kandahar Duplex.
c. It is a luxury unit.
d. If and when Kandahar sells such units, Kandahar
will give the tenants who do not exercise their right of first
refusal at least 180 days after final council approval or
whenever the units are sold, whichever date is later, in which to
locate unless expressly waived by them.
3. Kandahar further states that the property has not
been rented within the current guidelines by low, moderate or
middle incomes.
FURTHER AFFIANT SAYETH NOT.
KANDAHAR INVESTMENTS, LTD.
._~._.,,---'--"-'_.~_." ~ ' ".' ..........-
B".-.-_._.. -.-.--,.a- ~
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Andrew V. Hecht, attorney-in-fact
for Kandahar Investments, Ltd.
..... The foregoing instrument was acknowledged to before me
this'.10thday of January, 1984.
"--::--,,:':/cWITNESS my hand and official seal.
._My commission expires: 1-21-85
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Addresbl: 601 E. Hyman Avenue
Aspen, CO 81611
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RONALD GARFIELD
ANDREW v. HECHT
GARfKlE1D & HlECHT, r.c.
KA TIIER1NE HENDRICKS
WILLIAM K. GUEST, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(303) 925.1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
January 31, 1984
HAND DELIVERED
Planning and Zoning Commission
130 S. Galena St.
Aspen, CO 81611
Re: KANDAHAR DUPLEX
Dear Commission Members:
This is a supplemental application to the application
filed on behalf of applicant dated January 10, 1984. The
applicant also would like to apply for an exception from the
strict application of the provisions of the subdivision chapter
of the Aspen Code ("Code") pursuant to Section 20-19 of the Code.
Further, in support of the application, applicant states that
strict application of the provisions of the subdivision
regulations would be unduly burdensome and deprive the applicant
of the reasonable use of its land.
The exception is necessary for the preservation and
enjoyment of a substantial property right as the Code permits the
use of property as a condominium and the granting of an exception
would not be detrimental to the public welfare or injurious to
other property in the area in which the subject property is
situates as the condominiumization of duplexes is permitted by
the Code in such zones.
Sincerely,
GARFIELD & HECHT, P.C.
B'6 _ -'---"---" ..._-~=---
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Andrew V. Hecht
For Kandahar Investments, Ltd.
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SUPPLEMENTAL AFFIDAVIT OF KANDAHAR INVESTMENTS, LTD.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Kandahar Investments, Ltd. ("Kandahar") after being
first duly sworn upon oath, states and deposes as follows:
I. The monthly rental on the unit is $4,000.00 per
month with the tenant paying for her own utilities.
FURTHER AFFIANT SAYETH NOT.
KANDAHAR INVESTMENTS, LTD.
~
By ~=:' ::::-""----
Andrew V. Hecht, attorney-in-fact
for Kandahar Investments, Ltd.
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The foregoing instrument was acknowledged to before me
day of January, 1984.
-.::.
'.' - 'WITNESS my hand and official seal.
'~:~y commission expires: 1-21-85
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Add;~~Jf, 601 E. Hyman Avenue
Aspen, CO 81611
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GARFiELD & HIECHT
RONALD GARF[ELD
ANDREW V. HECHT
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 8161 I
TELEPHONE
(303) 925-[936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
c:~AIG N. BLOCKW[CK
K. ROuLl:16C GARN
R[CHARD Y. NEILEY, JR.
SPENCER F. SCH[FFER
September 17, 1981
Planning & Zoning Commission
Aspen City Hall
130 South Galena
Aspen, Colorado 81611
Dear Members:
This is an application by Kandahar Investments, Ltd., whose address
is 601 East Hyman Avenue, Aspen, Colorado, pursuant to ~20-19 of the
Municipal Code of the City of Aspen, as amended, for an exception
from the definition of the term "subdivision" for the condominiumiza-
tion of a duplex to be constructed in Aspen, Colorado.
The applicant submits that since this is nearly a subdivision of a
duplex to be constructed, to require proceeding through the entire
subdivision procedure would deprive the applicant of the reasonable
use of its land. Furthermore, the applicant submits that exception
is necessary for the preservation and enjoyment of its substantial
property rights. Finally, since this is merely a subdividing of a
duplex structure which is permitted under the zoning regulations,
there will be absolutely no increase in density as a result of the
granting of this exception and therefore, the granting of the excep-
tion would not be detrimental to the public welfare or injurious to
other property in the area.
Because a new structure is to be located on the applicant's property,
no decrease in the amount of low and moderate income housing would
result from condominiumization of the duplex.
The applicant submits that because this is a new construction on
its property, no detrimental effects would result from condominiumi-
zation. Furthermore, the applicant submits that the requirements of
~20-20 of the Municipal Code of the City of Aspen will be complied
with wherever applicable. Therefore, approval of this application
is respectfully requested.
enc.
your.s,
,
r Investments, Ltd
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130
asp
reet
611
MEMORANDUU
Paul J. Taddunc
City Attorney
Barry~D._ Edwards
XX'~~CRw~
Assistant City Attorney
Peggy Carlson
Administrative Assistant
TO:
Planning Office'@:icardGrice
Barry D. Edwards
,--
January 30, 1984
FROM:
DATE:
RE:
Kandahar Duplex Condominiumization
We have reviewed the January 10, 1984 application of
Andrew V. Hecht for the applicant, received January 16, 1984.
We have the following comments at this time:
1. After telephone communications with Andy Hecht, it
is apparent that he will be filing an additional verified
application under Sec. 20-19. When that application arrives,
we'll offer our comments. It should be a standard exception
process, subject to council approval.
2. We need better information on the actual use and
rental of the duplex. For example, the definition of
"luxury unit" in the attached affidavit requires some addi-
tional information. And, we need to know the rental price for
the unit that has been rented.
3. An inspection for hazards should be arranged under
Sec. 20-22 (e).
4. The applicant should furnish a copy of its title
insurance policy regarding ownership.
If you have any further questions or comments, please
contact us.
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MEMORANDUM
TO: Richard Grice, Planning Office
FROM: Chuck Roth, Engineering Department c:t:
DATE: January 30, 1984
RE: Kandahar Duplex Condominiumization
----------------------~-------~------------------------------
Having reviewed the above application and having made a site
inspection, the Engineering Department has the following
comments:
1. Judging from the number of omissions from the plat and from
the lack of a surveyor's signature, this plat has not been examined by
a registered s rveyor prior to submission to the Planning Office.
The Engineering Department will no longer review plats which have
not been signed and stamped by a surveyor.
2. Items lacking on the plat: water meter locations, ownership
of the yard, designation of trash area, encroachment license for
concrete pads, monumentation of corners, title certificate,
mortgagee's statement, zone district, current City certificate
language and mayor.
3. Parking spaces must be indicated. One space is needed for
each bedroom, totalling four spaces for each side of the duplex.
4. The subdividers must consent to join improvement districts
in accordance with current language from the City Attorney's
Office.
5. The required height for a parking space (7'-0") does not
appear to have been met according to the elevations on sheet 2
of the plat, in the !Jar-age.
6. The legal description (two places) is incorrect and should
be: Fractional Lots G, H and I, Block 20, Original Aspen Town-
site and Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition.
cc: Jay Hammond, Assistant City Engineer
Louis Buettner, City Surveyor
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MEMORANDUM
TO:
City Attorney
City Engineering Department
FROM:
Janet Weinstein, Planning Office
RE:
Kandahar Duplex Condominiumization
DATE:
January 16, 1984
Attached for your review is an application submitted by Andrew
V. Hecht on behalf of Kandahar Investments, Ltd. for the condo-
miumization of the Kandahar Duplex which is located on the north-
west corner of North and Fifth Streets. This case has been
scheduled for review by the Aspen City Council on February 13, 1984.
Please return your referral comments to Richard Grice of the Planning
Office no later than January 30, 1984 in order for Richard to have
adequate time to prepare for its presentation before City Council.
Thank you.
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I. D. No. JO'13.(C
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000787
COMMITMENT FOR TITLE INSURANCE
Issued from the offico of
TRACY TITLE L TO.
601 East Hyman Street
Aspen. Colorado 81611
SAFECO. TITLE INSURANCE COMPANY
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a California corporation: herein called the Company. for a valuable: conSideralion, hereby ccmmits to
issue its policy or pOlicies of title insurance, as identified in Schedule A. in favor of tha:;roposed
Insured named in Schedule A, a.s ownar or mortgagee of the eSlale or inlerest covered hereby in the
described or relerred to in Schp.dule A. upon payment of Ihe premiums and charges therefor; alf
subject to the provisions of Schedule A and B and to the Conditions and Stiputations hereof.
This Commitment shalf be effective Only when the identity 01 the proposed Insured and the amount 01
the policy or pOlicies commitled for have been inserted in Scheduie A hereof by the Company. eimer
at the time 01 the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of suet, policy Or policies of title insurance ace all
liability and obligations hereunder shall cease and terminate six months after tha eh<?':live date.
hereof or when the policy or POlicies committed for shalf issue. whichever first OCcurs, provided :hat
the lailure to issue such policy or pOlicies is not the fault of the Company.
In Witness whereof. SAFECO Title Insurance Company has caused ils corpora Ie name and seal to
be hereunto affixed by its duly authorized officers on the dale shown in Schedule A, but this
commitment is to be valid only when it bears an authorized contersignalure,
Secretary
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Pres.;G~ot
. . . . . . . . . . . . . . . . . . . - - . -.' . . . . . ~ . . . . . . . . . . . .
An AtJ!horiZed Signa!ur~
ALTA COMMITMENT -1966 (COLORADO)
COP,288 (Re". 10,79)
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COMMITMENT FOR TITLE INSURANCe
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SCHEDULE A
1. Effective Date:
tuL~CH 24, 1982 AT 8:00 A.M.
Case NO'm
. _S;::-?2:-1406(C::p~
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2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured:
Premium
Amount S__~~_.~___.._..
B.
AL T A Loan Policy
Proposed Insured:
UTE CITY MORTGAGE
. .&'I!D/OR ASSIGNS
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COMPANY
Amount S95.Q.,O()().00_ $1,549.00
Endorsement 100
C. Endorsement 100.29
Endorsement 101.2
Tax Certificate
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$ 25.00
Amount $ $ 183.45
$i,425.00
$ 5.00'
Total Charges $3,187.45
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
IN FEE SIMPLE
4. Title to the.
vested in:
--~g"---_.._.._~estate or interest in said land is at the effective date hereof
KANDAH,AR INVESTMENT, LTD., A BRITISH VIRGIN ISLAND
CORPORATION
5. The land referred to in this Commitment is described in Schedule C.
Fractional Lots 7, 8 and 9, Bloc~ 20, Hallam's Addition, and Fractional
Lots G, H and I, Bloc~ 20,
CITY AND TOWNSITE OF ASPEN,
County of Pit~in, State of Colorado.
SCHEDULE A
AL T A Commitment. 1966
COP-288A (Rev. 5.81)
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COMMITMENT FOR TITLE INSURANCe
SCHEDULE B - Section 1
REQUIREMENTS
. The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate to
be insured.
Item (b) Proper instruments creating the estate or interest must be executed and duly filed for record, to-wit:
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(d) Release by the Public Trustee of the County of Pitkin of the Deed of
Trust from Michael D. Lange for the use of Ute City }wrtgageConpany
to secure $277,500.00, dated July 25, 1980, recorded July 25, 1980 in
Book 392 at Page 292.
NOTE: Assignment of the above Deed of Trust to p",erican Savings
Association of Kansas; Wichita, Kansas, recorded July 25, 1980 in
Book 392 at Page 296.
(e) Deed of Trust from Kandahar Investment, Ltd., a British Virgin Island
Corporation, to the Public Trustee of the County of Pitkin for the
use of Ute City }wrtgage Company to secure $950,000.00.
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Veri fication of corporation' s legal and current existence issued. by
the proper authority of that country, to include evidence of authori-
ty of the person or persons gigning on behalf of the corporation, and
to contain an English translation if such is necessary.
Good and sufficient survey of the subject property, approved hy Tracy ,
Title, Ltd. /J.rel..r'!....;.-- . " r. . J ~.1 !k,j;, e-..V~W'
/1.,'.].- jOI.)..-. 'no.;> (SSv~ ft"V"u~
NOTE: Items 1, 2. 3, (t;;;;;;-d 5 of Schedule II - Sect ion 2, will be
eliminated from the policy upon satisfaction of Requirements (h) and
(i) .
SCHEDULE B - SECTION I
ALTA COMMITMENT. 1966
COP.288B X (12/78)
Corporate resolution authorizing the borrowing and execution of the
loan documents, uote and Deed of Trust.
Approval by Safeco Title Insurance Company of an Indemnity Agreement
executed by Kandeher Investment, Ltd., a British Virgin Island Cor-
~~i~aa and by Arthur M. Pastel, individually.
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Item (c) Payment of all taxes, charges, assessments, levied and assessed against the subject premises which are
due and payable.
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - Section 2
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed lD the satisfaction of the Company.
1 . Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, and any matters which would be disc~osed by an accurate
survey and inspection of the premises.
3. Easements, or claims of easements, not shown by the public records.
4. Any I,,,n, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the 'public records. .
5.
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are not shown as existing liens by the publiC records.
6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
7. In addition, the Owner's Policy will be subject to the mortgage, jf any, noted under Item (b) of Section 1 of
Schedule B hereof.
Exceptions numbered
are hereby omitted.
SCHEDULE B . SECTION 2
AL T A COMMITMENT. '966
COP-288BB x (12/78)
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