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HomeMy WebLinkAboutcoa.lu.co.150 N 8th St.0090.2015.ASLU (2)SECTION A -A „0 SECTION B - B u_i CAM I& - II - V SECTIONS SCALE 1/4" =1'-0" NOTICE: According to Colorado law you must commence any legial action based upon any defect In this �rveeyy within three years afb�er you first discover such deinact. In no event may any action based upon any defect In this survey be commmiced more than ten years from the date of the certification shown hereon. SECTION C - C HIRED GUN SURVEYING LTD. P.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923-2794 SECTION D - D Sam IV -11-0 ATTIC SPACE SHALL BEA LCE OF THE UNIT THAT IS DIRECTLY BELOW AND ADJACENT TO SUCH SPACE SHEET 6OF6 DATA FILE NAME:1309135 DRAWN BY: Tom Yocum NOTICE: Aoo"na to Colorado law you must commence an le l action based upon any defect In this su within three years after vou first such defect. In no event may any actio, based upon arty defect m Ods survey be commenced more than ten years from the date of the certification shown hereon. HIRED GUN SURVEYING LTD. P.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923-2794 ATTIC SPACE SHALL BEA LCE OF THE UNIT THAT IS DIRECTLY BELOW AND ADJACENT TO SUCH SPACE LCE LIMITED COMMON ELEMENT GCE GENERAL COMMON ELEMENT UNIT 831 718.7 sq ft THESE MEASUREMENTS WERE DERIVED BY MEASURING FROM THE EXTERIOR OF THE EXTERIOR WALLS AND FROM THE CENTERLINE OF THE INTERIOR DEMISING WALLS OF EACH UNIT, TOTAL SQUARE FOOTAGE OF UNITS, X50 835.56 SQ FT � UNIT 831 566.6 sq ft 150 2692.70 sq ft /� UNIT 831 1764.1 sq ft 150 888.5 sq ft � UNIT 831 718.7 sq R total 4416.7 sq ft IIT 829 452.0 sq ft total 452.0 sq ft total 3049.4 sq ft SHEET 5 OF 6 DATA FILE NAME:1309135 DRAWN BY: Tom Yocum SECOND FLOOR LEVEL SCALE 1/4" =1'-0" NOTICE: According to Colorado Iaw you must comm ce a legal act based upon any defect in this sure within three years after first discover such defect. In no event may anythedate of the aartiHcatlonaction sod ny def% wnlnry� be commenced more than ben years fr+orn HIRED GUN SURVEYING LTD. P.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923-2794 LCE LIMITED COMMON ELEMENT GCE GENERAL COMMON ELEMENT ll�WA71]o UNIT 150 UNIT 831 888.5 sq ft 1764.1 sq ft AREA OF VOID BETWEEN FLOOR LEVELS THESE MEASUREMENTS WERE DERIVED BY MEASURING FROM THE EXTERIOR OF THE EXTERIOR WALLS AND FROM THE CENTERLINE OF THE INTERIOR DEMISING WALLS OF EACH UNIT. SHEET 4OF6 DATA FILE NAME: 1309135 DRAWN BY: Tom Yocum NOTICE: According to Colorado law you must commence an legal action based upon any defect In dit survey witMn three years after first discover such defect In no event may any action based upon any in this survey be commenced more than ten years from the date of b4bfidt!66 shown hereon. HIRED GUN SURVEYING LTD. P.O. BOX 9 DATE SURVEYED: 6-20-2014 DATE DRAFTED: 6-23-2014 SHEET 3 OF 6 SNOWMASS, COLORADO 81654 (970)923-2794 REVISED: DATA FILE NAME:1309135 DRAWN BY: Tom Yocum BASEMENT AND CRAWL SPACE UNIT 150 I L _ j FOUNDATION SUPPORT II UNIT 831 LCE — I L---� THESE MEASUREMENTS WERE DERIVED BY MEASURING FROM THE EXTERIOR OF THE EXTERIOR WALLS AND FROM THE CENTER LINE OF THE INTERIOR DEMISING WALLS OF EACH UNIT. I UNIT 150 835.56 SQ FT I GCE -UNIT 150 GARAGE 5LA13 ABOVE SEE FIRST FLOOR LEVEL 5HEET 3 / UNIT 831 i UNIT 829 iL -------------------------- -------- Ei -------------- I— — — — — — — — — — — — — — — — — — — -- -- — — — -----� I --------------- I I � i I ( I E ANI IWW I I I I - I I ---------� I - F---------- 1 I I I I I I I I LCE UNIT 150 EMENT—_-------J —� CRAWL5PACE— — — — — — — r I I I I I I WW I I I I I 5KYUGHT L ---------------- II------------------ -- L---------- �i --------------� BASEMENT FLOOR LEVEL SCALE 1/4" =1'-0" NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years aPoer first discover such defect. In no event may any action based upon any d in this survey be commenced more than tan years from the date of tfie = shown hereon. HIRED GUN SURVEYING LTD. P.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923-2794 DATE SURVEYED: 6-20-2014 SHEET 2 OF 6 DATE DRAFTED: 6-23-2014 DATA FILE NAME:1309135 REVISED: 8-5-2015 DRAWN BY: Tom Yocum BASIS OF BEARING = A BEARING OF S 75009'110E BETWEEN A FOUND NO 5 REBAR AND CONDOMINIUM MAP ALU. CAP FOUND AT THE NW PROPERTY CORNER AND A FOUND NO 5 REBAR AND ALU. CAP FOUND AT THE NE PROPERTY CORNER AND SHOWN HEREON. FOR SHADOW MOUNTAIN VIEW TOWNHOMES CONDOMINUMS 0 / R T H / ❑ 5 10 20 1 — 10 _ S,So EDGE OF 'SIS Ofi 8'FgR Jim Lce 90.0 �0 0 WXMVALVE / O \ / / 0• �� LCE UNIT 3 � r ' / Q , CQ,NC. , WALK: rr CO L. 'RuU 3 e 1 / ; I /L + / V�`'/ AQZy ` Op AA CLERK AND RECORDER'S ACCEPTANCE THIS CONDOMINIUM MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES HAS BEE13 ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PI I N, STATE OF COLORADO, AT O'CLOCOC, M. THIS DAY OF IN PLAT BOOK AT PAW, _ AS RECEPTION NUMBER CLERK & RECORDER NOTICE: According to Colorado law you must commence anyy legal action based upon aThr defect in this surveywithin t�rree years after you first dl�o w such defect. In no event many acon based upon arty defect in tfhis surveil be aornrttenxed move Own torr years fin the date of** CO URCation shown hereon. j.01ST RREFI D OSE: THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE THE REAL ERTY LOCATED AT LOTS A, B, AND C, BLOCK 12, AND TOWNSITE OF ASPEN LEGAL DESCRIPTION: 831-833 W. SLEEKER SUBDMSION, LOTS AB, AND C BLOCK 12, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 14, 2013 IN PLAT BOOK 104 AT PAGE I", TTY AND TOWNSITE OF ASPEN. TITLE COMPANY CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., REGULARLY DOING BUSINESS IN PITKIN COUNTY, COLORADO HEREBY CERTIFIES THAT THE PERSONS LISTED AS OWNERS ON THIS CONDOMINIUM MAP HOLD FEE SIMPLE TITLE TO THE PROPERTY DESCRIBED HEREIN ME AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED IN THE JOINER CERTIFICATE ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS CONDOMINIUM MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE AND IT IS UNDERSTOOD AND AGREED THAT PnWN COUNTY TITLE COMPANY, NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABUTY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY: DATE: PLAT NOTES: 1. This Plat Is a part of the Declaration for Shadow Mountain View Townhomes Condonininums (tire "Declaration") The Declaration was recorded on . as Reception No. 2. There are no encroachments across any portion of these lands except as shown hereon. Exception notes: InfbrTna#m furnished by Pitkin County Tltie Company rase No. 23635w, Dated August 4, 2015 was used In the p tion of this survey. xception no. 1- 7 are not able to be displayed graphically and are not shown on this plat Exception no 8 Book reception no/ 448997 describes a license agreement for a fence at the north easterly corner of the property. Exception no 9 reception no. 58M3 describes the affordable housing resolution unit agreement. Exception no 10 describes the or44nnce approval of the affordable/triplex agreement. Exception no 11 reception no. 5996411s the subdivision agreement. Exception no. 12 Is the plat shown on book 104 at page 11describing easements and R.O.W.'s Easement no 13 describes the deed restriction agreement. JOINDER CERTIFICATE THE UNDERSIGNED LIEN HOLDER HEREBY APPROVES THE RECORDING OF THIS CONDOMINIUM MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES AND SUBORDINATES ITS LIEN RECORDED IN THE PITKIN COUNTY RECORDS AT RECEPTION NUMBER TO THIS PLAT AND THE CONDOMINIUM DECLARATION REFERRED TO ABOVE NAME OF BATIK BY: NAME TITLE )SS. COUNTY OF PITKIN ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED NOWL EDGED BEFORE ME THIS DAY OF 201_ WITNESS MY HAND AND OFFICIAL. SEAL NOTARY PUBLIC SITE VICINITY MAP (nts) HIRED GUN SURVEYING LTD. P.O. BOX 9 SNOWMASS, COLORADO 81654 (970)923-2794 OWNERS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, HERBERT S. KLEIN AND MARSHA L KLEIN, BEING THE OWNERS IN FIE: SIMPLE OF LOTS A, B AND C, BLOCK 12, CITY AND TOWNSITE OF ASPEN, MM COUNTY, COLORADO, HAS BY THESE PRESENTS CONDOMINIUMIZED SAID REAL PROPERTY AND IMPROVEMENTS INTO THREE (3) RESIDENTIAL UNITS KNOWN AS SHADOW MOUNTAIN VIEW TOWNHOMES AS SHOWN AND NOTED HEREON, INCLUDING CERTAIN APPURTENANT COMMA ELEMENTS, PURSUANT TO AND FOR THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SHADOW MOUNTAIN VIEW TOWNHOMES (THE "'DECLARATION" RECORDED 20L AT RECEPTION NO. IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. EXECUTED THIS DAY OF . 20:L. OWNER: HERBERT S. KLEIN MARSHA L KLEIN WHOSE ADDRESS IS 831 W. SLEEKER STREET, ASPEN, COLORADO 81611 )Ss. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 2015, BY HERBERT S. KLEIN AND MARSHA L KLEIN MY COMMISSION EXPIRES: NOTARY PUBLIC JOINDER CERTIFICATE THE UNDERSIGNED LIEN HOLDER HEREBY APPROVES THE RECORDING OF THIS CONDOMINIWN MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES AND SUBORDINATES ITS LIEN RECORDED IN THE PITKIN COUNTY RECORDS AT RECEPTION NUMBER TO THIS PLAT AND THE CONDOMINIUM DECLARATION REFERRED TO ABOVE NAME OF BANK BY: STATE OF COLORADO ) )SS. COUNTY OF PITION ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF 201_ WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC CITY OF ASPEN ENGINEER'S REVIEW THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARMENT SURVEY REQUIREMENTS THIS DAY OF . 201& BY: TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEER CITY OF ASPEN COMMUNITY THE APPLICATION FOR CONDOMINIUMIZATRWSET-F( IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED \'\ AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PR94WM OF THE CITY OF ASPEN LAND USE CODE BY THE UTY OF ASPEN COMMUNITY DEVELOPMENT DIRE E DAY OF 2015. 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 BY: CHRIS BENDON - COMMUNITY DEVELOPMENT DIRECTOR SURVEYOR'S CERTIFICATE 1, STEPHEN A. YELTON, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT 1 HAVE PREPARED THIS PLAT MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES, THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEY PERMED UNDER MY SUPERVISION; THAT THIS MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.RS.38-51-106, AND THAT ALL STRUCTURAL COMPONENTS OF THE BUILDING CONTAINING ANY UNITS CREATED BY THIS CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO RE ITS BOUNDARIES AND THIS CONDOMINIUM MAP CONTAINS ALL THE INFORMATION REQUIRED BY C.RS.36-33.3-209 OF THE COLORAD COMMON INTEREST OWNERSHIP ACT. THIS CONDOMINIUM MAP IS SUBJECT TO RESERVAT RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE, INC., DATED:AUGUST 46 2015 (CASE NO. PCT2363SW3. THE PROPERTY HAS A LINEAR ERROR OF CLOSURE THAT IS LESS THAN 1:15,000. DATE SURVEYED: 6-20-2014 DATE DRAFTED: 6-23-2014 7-5-2015 'REVISED: 8-21-2015 SHEET 1 OF 6 DATA FILE NAME: 1309135 DRAWN BY: Tom Yocum K C KLEIN COTE EDWARDS CITRON LLC EIC ATTORNEYS HERBERT S. KLEIN* hsk@kceclaw.com LANCE R. COTS, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@kceclaw.com KENNETH E. CITRON"' kcitron@kceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com 'also admitted in Hawaii ..also admitted in California '*'also admitted in New York and Massachusetts October 7, 2015 VIA HAND DELIVERY Sara Nadolny Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kceclaw.com RE: Application for Condominiumization of property located at 150 N. 8t1 St. and 831-829 W. Bleeker St., Aspen, Colorado; Lots A, B and C, Block 12, City and Townsite of Aspen (the "Property"). Parcel ID: 2735-123-08-002. Dear Sara, This letter and the accompanying documents are an application for approval of the condominiumization of the above described Property, owned by Herbert S. Klein and Marsha L. Klein. Attached herewith are one copy of the following documents and forms: 1. Completed Land Use Application and signed fee agreement along with a check for $925.00 for the planning office and engineering department processing fees. 2. Pre -application Conference Summary. 3. Letter from owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative. 4. Title Certification Letter from the undersigned. 5. HOA Compliance form. 6. Draft Condominium Plat with vicinity map on Sheet 1 locating the parcel within the City of Aspen. Brief Description of the Project: This application seeks approval to condominiumize the Property into three residential condominium units located in one building, referred to as Unit 150, Unit 831 and Unit 829. Unit 829 is a deed restricted EDU. The other two units are free market residential units. Sara Nadolny Oct. 7, 2015 Page 2 of 3 Written Responses To All Review Criteria. Responses to the review criteria are set forth below along with the review standards contained in Sec. 26.480.050 of the City Land Use Code, which is shown in italic font and states in pertinent part as follows: 26.480.050. Administrative subdivisions. The following types of subdivision shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030 — Procedures for Review, and the standards and limitations of each type ofsubdivision, described below: A. Condondnitrmization. A subdivision to establish, amend, or vacate separate oivnership interests of a single property in a Condominium or Connnon Ownership Interest Community form of ownership shall be approved, approved lvith conditions, or denied by the Community Development Director. Condontinhunization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and shall not operate as an abatement of other applicable regulations affecting the property. The Director shall review the condominhanization platpursuant to Section 26.480.030, Procedures for Review, and according to the following standards: The requested condominiumization complies with this criteria. It will not effect a division of the parcel into multiple lots, nor is it an aggregation of the parcel with other lands, nor is it a change in use of the property, nor does it operate as an abatement of other applicable regulations affecting the property. B. 1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29 — Engineering Design Standards, Plats. 2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement need be prepared or entered into behveen the applicant and the City unless the Community Development Director determines such an agreement is necessary. RESPONSE: The Plat is in the style and format as prescribed in Title 29 — Engineering Design Standards, Plats. Once approved, the Plat will be recorded as required. After you have reviewed this application and determined it is complete, I will provide additional copies of the documents that you may request. Sara Nadolny Oct. 7, 2015 Page 3 of 3 Thank you very much for your consideration of this application. Please let me know if you have any questions or comments. Very truly yours, KLEIN COTE EDWARD CITRON LLc i By: Herbert S. Klein ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Shadow Mountain View Townhomes Condominiums Location: 150 N.8th St.; 831-829 W. Bleeker St. Lots A,B,C Block 12 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID#(REQUIRED) 27ss-t2s-nu_nn2 Name: Herbert Klein Address: 101 S. DIill St. #200,: Aspen, CO. 81611 Phone 4: 970-925-8700 REPRESENTATIVE: Name: Same as Owner Address: Phone #: TYPE OF APPLICATION: check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: EXISTING CONDITIONS: (description of sidential Building Containing Three Dwelling Units 'ROPOSAL: Condominiumization to create three cinitS. 'ave you attached the following? FEES DUE: 8 2 1 . op 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 dl plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text dicrosoft Word Format) must be submitted as part of the application. Large scale projects should include an ectronic 3-1) model. Your pre -application conference summary will indicate if you must submit a 3-D model. Agreement to Pay Application Fees 'G1MEGreW1-1LaIla :Z:lVZO a"i1 Property Herbert Klein and Marsha Klein Phone No.: 970-925-8700 Owner ("I"): Email: hsk@kceclaw.com Address of 'ov rv. oui OL., 001-0cy vv. oieeKer Billing 1 U 5. MITI St. #2UU Property: St. Address: Aspen, Co. 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the 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. 0 Select Dept 0 Select Dept $, flat fee for $_ flat fee for _ $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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 non-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 an 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. $ 60� S— , �6 deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ © 77S ' deposit for -O / hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour City of Aspen: Chris Bendon Community Development Director Property Owner: e_ er erKlein City Use: 0 Title: Fees .�_ January 2015 City of Aspen 1130 S. Galena St. 1 (970) 920-5090 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: October 5, 2015 PROJECT: 831 — 833 W. Bleeker St. REPRESENTATIVE: Herb Klein, 970.925.8700 REQUEST: Condominiumization DESCRIPTION: The owner of 831, 832 & 833 W. Bleeker is interested in condom iniumizing this three -unit development. The property is located in the Residential Multi Family (RMF) zone district and is part of the West Bleeker Subdivision. Condominiumization is a form of Administrative Subdivision. A condo plat must be approved by the City's Engineering and Planning Departments and recorded with the Pitkin County Clerk and Recorder in accordance with Sec. 26.480.050 of the Land Use Code. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http:/Iwww.aspenpitkin. com/Portals/0/d ocs/C ity/C omdev/Apps%20and %20Fees/2013%201 a nd %20use%20a pp%20form.pdf Land Use Code: http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title 26 Land Use Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050.A Condominiumization Review by: Staff for complete application Engineering Dept. Public Hearing: None Planning Fees: $650 for two (2) hours of Staff review time Referral Fees: $275 for one (1) hour of Engineering Staff review time Total Deposit: $925 (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: ❑ 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 ASLU Subdivision 831-833 W. Bleeker St. 273512308002 1 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. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 mylars will be required after the plat has been deemed complete and ready for recording. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. This will enable Staff to send the materials for Engineering review without requiring an additional hard copy. 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. V K C KLEIN COTE EDWARDS CITRON LLC EIC ATTORNEYS HERBERT S. KLEIN' hsk@kceclaw.com LANCE R. COTE, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@kceclaw.com KENNETH E. CITRON"' kcitron(Dkceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com .also admitted in Hawaii "also admitted in California "'also admitted in New York and Massachusetts October 7, 2015 Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kceclaw.com Re: Application for Condominiumization of property located at at 150 N. 8t' St. and 831-829 W. Bleeker St., Aspen, Colorado; Lots A, B and C, Block 12, City and Townsite of Aspen (the "Property"). Parcel ID: 2735-123-08-002 (the "Property"). Dear Planner, This letter will confirm that Herb Klein and the other attorneys at Klein Cote Edwards Citron, LLC are authorized to represent Herbert Klein and Marsha Klein, the owners of the above described Property with respect to the condominiumization of the Property and all land use matters related thereto. Mr. Klein's address and contact information is: 101 S. Mill St. #200 Aspen, Co. 81611 970-925-8700 Email: hsk@kceclaw.com If you have any questions, please feel free to contact me at the above. By: Herbot S. Klein By: Marsh ,Jei HERBERT S. I{LEIN, ESQ. 201 N. MILL ST. #203 ASPEN, CO. 81611 970-925-8700 email: hsk@kcelaw.net October 7, 2015 VIA HAND DELIVERY Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 Re: Application for Condominiumization - 150 N. 01 St.; 831-829 W. Bleeker St. Dear Planner, This letter provides the undersigned attorney's certification of title and also the consent of the undersigned, as owner of the subject property, to designate a representative. I. Title Certification. The undersigned attorney hereby certifies as follows: The legal description of the property that is the subject of this application is Lots A, B, C, Block 12, City and Townsite of Aspen. The street address is 831 and 833 W, Bleeker Street Aspen, Co., 81611. The Parcel ID number is; 273512308002. Title to the property is in the names of Herbert S. Klein and Marsha L. Klein, whose address is 831 W. Bleeker St., Aspen, Co. 81611. Phone: 970-925-8700. The property is subject to a first deed of trust in favor of PHH Mortgage Company and a second deed of trust in favor of Wells Fargo National Bank. There are no holders of mineral rights and there are no easements for the benefit of third parties. If you have any questions, please feel free to contact me at the address above. Very truly yours,> Herbert S. Kler Homeowner 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 by the property owner or Attorney representing the property owner. Property Name: Herbert Klein Owner ("I'T Email: lisk@kceclaw.com Phone No.: 970-925-8700 Address of 150 N. 8th St.;831-829 11. Bleeker Property: Aspen, CO 81611 (subject of application) I certify as follows: (pick one) ❑X 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 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: Owner printed name: Herbert Klein or, Attorney signature: Attorney printed name: date: N O R T H A BEARING OF S 75009'11"E BETWEEN A FOUND NO 5 REBAR AND ALU. CAP FOUND AT THE NW PROPERTY CORNER AND A FOUND NO 5 REBAR AND ALU. CAP FOUND AT THE NE PROPERTY CORNER AND SHOWN HEREON. i CONDOMINIUM MAP FOR SHADOW MOUNTAIN VIEW - -' - ­TQWNHOMES CONDOMINUMS B�SK�ROWF� ��\\ EDGE OF PAV oo ED EM M-- 1n F Rn OF RI-„ _ ENCUMI 1j* GM Ey � ED � GE pF P \ � VEMENT PURPOSE: THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE THE REAL PROPERTY LOCATED AT LOTS A, B, AND C, BLOCK 12, CITY AND TOWNSITE OF ASPEN LEGAL DESCRIPTION: 831-833 W. BLEEKER SUBDIVISION, LOTS AB, AND C BLOCK 12, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 14, 2013 IN PLAT BOOK 104 AT PAGE 11. CITY AND TOWNSITE OF ASPEN. TITLE COMPANY CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., REGULARLY DOING BUSINESS IN PITKIN COUNTY, COLORADO HEREBY CERTIFIES THAT THE PERSONS LISTED AS OWNERS ON THIS CONDOMINIUM MAP HOLD FEE SIMPLE TITLE TO THE PROPERTY DESCRIBED HEREIN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED IN THE JOINER CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS CONDOMINIUM MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE COMPANY, NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABLITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. OWNERS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, HERBERT S. KLEIN AND MARSHA L KLEIN, BEING THE OWNERS IN FEE SIMPLE OF LOTS A, B AND C, BLOCK 12, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, HAS BY THESE PRESENTS CONDOMINIUMIZED SAID REAL PROPERTY AND IMPROVEMENTS INTO THREE (3) RESIDENTIAL UNITS KNOWN AS SHADOW MOUNTAIN VIEW TOWNHOMES AS SHOWN AND NOTED HEREON, INCLUDING CERTAIN APPURTENANT COMMON ELEMENTS, PURSUANT TO AND FOR THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SHADOW MOUNTAIN VIEW TOWNHOMES (THE "DECLARATION-) RECORDED 201_ AT RECEPTION NO. IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. EXECUTED THIS DAY OF . 2%._. OWNER: HERBERT S. KLEIN MARSHA L KLEIN WHOSE ADDRESS IS 831 W. SLEEKER STREET, ASPEN, COLORADO 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 2015, BY HERBERT S. KLEIN AND MARSHA L KLEIN P'WE� qK �ITjY SU% A � EASE ESR D �eeo �S�En�' O 4�ONS O FROI y GA P07-HEAND RU I.C��N EE NG 1ilso NAME TITLE STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF 201_ WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SITE VICINITY MAP (nts) CITY OF ASPEN ENGINEER'S REVIEW THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARMENT SURVEY REQUIREMENTS THIS DAY OF . 2015. BY: TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEER CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP 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 2015. 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 BY: CHRIS BENDON - COMMUNITY DEVELOPMENT DIRECTOR SURVEYOR'S CERTIFICATE I, STEPHEN A. YELTON, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES, THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEY PERFORMED UNDER MY SUPERVISION; THAT THIS MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S.38-51-106, AND THAT ALL STRUCTURAL COMPONENTS OF THE BUILDING CONTAINING ANY UNITS CREATED BY THIS 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 AND THIS CONDOMINIUM MAP CONTAINS ALL THE INFORMATION REQUIRED BY C.R.S.38-33.3-209 OF THE COLORAD COMMON INTEREST OWNERSHIP ACT. THIS CONDOMINIUM MAP IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE, INC., DATEMAUGUST 4,201S (CASE NO. PCT23635W3. THE PROPERTY HAS A LINEAR ERROR OF CLOSURE THAT IS LESS THAN 1:15,000. 1 irt.�t�.nn 1 SHEET 1 OF 6 BY: WITNESS MY HAND AND OFFICIAL SEAL DATE: MY COMMISSION EXPIRES: PLAT NOTES: NOTARY PUBLIC 1. This Plat is a part of the Declaration for Shadow Mountain View Townhomes Condonininums (the "Declaration") The Declaration was recorded on , as Reception No. 2. There are no encroachments across any portion of these lands except as shown hereon. JOINDER CERTIFICATE Exception notes: THE UNDERSIGNED LIEN HOLDER HEREBY APPROVES THE RECORDING OF THIS CONDOMINIUM MAP OF Information furnished by Pitkin County Title Company case No. 23635w, Dated August 4, 2015 was used in SHADOW MOUNTAIN VIEW TOWNHOMES AND SUBORDINATES ITS LIEN RECORDED IN THE PITKIN COUNTY the preperation of this survey. RECORDS AT RECEPTION NUMBER TO THIS PLAT AND THE CONDOMINIUM a DECLARATION REFERRED TO ABOVE. W Exception no. 1- 7 are not able to be displayed graphically and are not shown on this plat NAME OF BANK W a° Exception no 8 Book reception no/ 448997 describes a license agreement for a fence at the north easterly �u o corner of the property. BY: Exception no 9 reception no. 588893 describes the affordable housing resolution unit agreement. kk)X Exception no 10 describes the ordanance approval of the affordable/triplex agreement. � �k Exception no 11 reception no. 599641is the subdivision agreement. Exception no. 12 is the plat shown on book 104 at page 11describing easements and R.O.W.'s NAME TITLE o u Easement no 13 describes the deed restriction agreement. q `30 STATE OF COLORADO ) Z Q ) SS. 1.11 ~ JOINDER CERTIFICATE COUNTY OF PITKIN ) THE UNDERSIGNED LIEN HOLDER HEREBY APPROVES THE RECORDING OF THIS CONDOMINIUM MAP OF SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF SHADOW MOUNTAIN VIEW TOWNHOMES AND SUBORDINATES ITS LIEN RECORDED IN THE PITKIN COUNTY 201_. RECORDS AT RECEPTION NUMBER TO THIS PLAT AND THE CONDOMINIUM WITNESS MY HAND AND OFFICIAL SEAL Cr b DECLARATION REFERRED TO ABOVE. MY COMMISSION EXPIRES: NAME OF BANK BY: NOTARY PUBLIC P'WE� qK �ITjY SU% A � EASE ESR D �eeo �S�En�' O 4�ONS O FROI y GA P07-HEAND RU I.C��N EE NG 1ilso NAME TITLE STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF 201_ WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SITE VICINITY MAP (nts) CITY OF ASPEN ENGINEER'S REVIEW THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARMENT SURVEY REQUIREMENTS THIS DAY OF . 2015. BY: TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEER CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP 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 2015. 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 BY: CHRIS BENDON - COMMUNITY DEVELOPMENT DIRECTOR SURVEYOR'S CERTIFICATE I, STEPHEN A. YELTON, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES, THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEY PERFORMED UNDER MY SUPERVISION; THAT THIS MAP OF SHADOW MOUNTAIN VIEW TOWNHOMES MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S.38-51-106, AND THAT ALL STRUCTURAL COMPONENTS OF THE BUILDING CONTAINING ANY UNITS CREATED BY THIS 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 AND THIS CONDOMINIUM MAP CONTAINS ALL THE INFORMATION REQUIRED BY C.R.S.38-33.3-209 OF THE COLORAD COMMON INTEREST OWNERSHIP ACT. THIS CONDOMINIUM MAP IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE, INC., DATEMAUGUST 4,201S (CASE NO. PCT23635W3. THE PROPERTY HAS A LINEAR ERROR OF CLOSURE THAT IS LESS THAN 1:15,000. 1 irt.�t�.nn 1 SHEET 1 OF 6 JEKSJEMJE�NT ANDI CMWt SPAC Fmow- UNIT 150 I I _ J FOUNDATION SUPPORT UNIT 831 LCE - �' I L---� THESE MEASUREMENTS WERE DERIVED BY MEASURING FROM THE EXTERIOR OF THE EXTERIOR WALLS AND FROM THE CENTER LINE OF THE INTERIOR DEMISING WALLS OF EACH UNIT. GCE -UNIT 150 UNIT 150 835.56 SQ FT I GARAGE 5LAB ABOVE SEE FIRST FLOOR LEVEL SHEET 3 / UNIT 831 UNIT 829 ❑ I — — — — — — — — — — — — — ------------------------------------ ------------ - --- I I Iww I E ANI L I I I I I - I I ----------- I - �- I ---------- Iww I � I I I I I I I LCE UNIT 150 EMENT __-_-------J CRAWL SPACE - - --- I I ww I I I I I I � I / / I 5KYLIGHT L---------------- i I— — --- — — — — — — — — — BASEMENT FLOOR LEVEL SCALE 1/4" =1'-0" DATE SURVEYED: 6-20-2014 DATE DRAFTED: 6-23-2014 REVISED: 8-5-2015 SHEET 2OF6 DATA FILE NAME:1309135 DRAWN BY: Tom Yocum -,&-: -�, I lop 4� I, -iu 44 4 -' , SHEET 3 OF 6 SECOND FLOOR LEVEL PPOA�OZ4141 z LCE 0"M0cWM0* 900T - GCE :wr,j El � 888.5 sq ft 1764.1 sq ft AREA OF VOID BETWEEN FLOOR LEVELS THESE MEASUREMENTS WERE DERIVED BY MEASURING FROM THE EXTERIOR OF THE EXTERIOR WALLS AND FROM THE CENTERLINE OF THE INTERIOR DEMISING WALLS OF EACH UNIT. SHEET4OF6 5ECTION A -A SC&M. IN -V - v' 5ECTION 5 - 5 I ane: 10-r-0, SECTIONS SCALE 1/4" =1'-0" SECTION C - C IC ne: IM - V- a' 5ECTION D - D BOND 10 -r -a ATTIC SPACE SHALL BEA LCE OF THE UNIT THAT IS DIRECTLY BELOW AND ADJACENT TO SUCH SPACE SHEET 6 OF 6 DATA FILE NAME:130913S DRAWN BY: Tom Yocum ATTIC SPACE SHALL BEA LCE OF THE UNIT THAT IS DIRECTLY BELOW AND ADJACENT TO SUCH SPACE LCE LIMITED COMMON ELEMENT GCE GENERAL COMMON ELEMENT UNIT 831 71$•7 sq ft THESE MEASUREMENTS WERE DERIVED BY MEASURING FROM THE EXTERIOR OF THE EXTERIOR WALLS AND FROM THE CENTERLINE OF THE INTERIOR DEMISING WALLS OF EACH UNIT, TOTAL SQUARE FOOTAGE OF UNITS, 150 835.56 SQ FT ,UNIT 831 150 2692.0 sq ft /�' UNIT 831 150 $$$.5 S4 ft � UNIT 831 total 4416.7 sq ft 829 452.0 sq ft total 452.0 sq ft 566.6 sq ft 1764.1 sq ft 718.7 sq ft total 3 049.4 sq ft