HomeMy WebLinkAboutcoa.lu.co.501 E Dean St.0081.2016.ASLU0081.2016.ASLU 501 E DEAN ST
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0081.2016.ASLU
PARCEL ID NUMBERS 2737 182 96 000
PROJECT ADDRESS 501 E DEAN ST
PLANNER HILLARY SEMINICK
CASE DESCRIPTION CONDOMINIUM
REPRESENTATIVE ALISON E. WENTE
DATE OF FINAL ACTION 02.14.2017
CLOSED BY AVALON GUARINO 02.14.2017
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Permit type aslu Aspen Land Use J Permit # 10081.2016.ASLU
Address 1501 DEAN ST Apt/Suite
City ASPEN State CO Zip 81611
Permit Information
Master permit Routing queue aslul5
Project Status pending
Description CONDOMINIUM
Submitted ALISON WENTE 925-3476 Clock Running Days 0
-- -- - --A
Submitted via
Applied 08130l2016
Approved
Issued
Close&Final
Expires 08l2512017
Owner
Last name 4CES OF THE LITTLE NELL First name 501 E DEAN ST
ASPEN Phone (970) 925.9131 Address CO 81611
Applicant
0 Owner is applicant? ❑ Contractor is applicant?
Last name I RESIDENCES OF THE LITT I First name
Phone (970) 925.9131 Cust # 30449 J Address
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Lender
Last name First name
Phone ( ) Address
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FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE NELL
CERTIFICATE OF DECLARANT THE PURPOSE OF THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP IS TO CONVERT OR RE -DESIGNATE UNIT G2
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CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
r SHEET 1 OF 2
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502 MAIN STREET, SUITE A3-�,..
CARBONDALE. COLORADO 81923
(970) 704-0311
FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF.
RESIDENCES AT THE LITTLE NELL
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF
THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO - -" -
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SOPRIS ENGINEERING - LLC GRAPHIC SCALE
CML CONSULTANTS PLAN VIEW FIRST FLOOR
502 MAIN STREET. SUITE A3
CARSONOALE, COLORADO 91U3
(970)704-0311 -
HOLLAND&HART P4
August 22, 2016
VIA HAND DELIVERY
Hillary Seminick
Community Development Planner
Planning + Zoning, City of Aspen
130 S Galena Street, P Floor
Aspen, CO 81611
Alison E. Wente
Phone (970) 429-6880
Fax (970) 315-3524
AEWente@hollandhart.com
77725.0001
RE: Written Proposal for Land Use Application of Residences at The Little Nell Condominium
Association, Inc., a Colorado non-profit corporation ("RLN Condo Association")
Dear Ms. Seminick,
This letter sets forth a written description of the RLN Condo Association's proposal to record the
draft First Amended Condominium Exemption Map of the Residences at the Little Nell,
enclosed with this Land Use Application (the "Proposal").
As depicted and described on the draft First Amended Condominium Exemption Map, the
purpose of the condominium map amendment is to convert or re -designate Unit C-2 within the
Residences at the Little Nell from a commercial unit, as it was previously approved and
condominiumized, to a general common element (GCE) for use by the members of the RLN
Condo Association. The Proposal is consistent with the executed but yet to be recorded Third
Amendment to Declaration of Condominium for Residences at the Little Nell, enclosed with this
letter for your reference.
In simpler terms, the Proposal seeks to relabel a single unit in the condominium project from
commercial to GCE, formally allowing more people to utilize the space. The Proposal does not
seek further subdivision, condominiumization, physical alteration, or development of any kind.
See below snapshot of a portion of the draft First Amended Condominium Exemption Map:
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Holland & Hart uP Attorneys at Law
Phone (970) 925-3476 Fax (970) 925-9367 www.hollandhart.com
600 East Main Street, Suite 104 Aspen, CO 81611-1991
Aspen &Ihngs Base Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C.
HOLLAND&HART A
August 22, 2016
Page 2
The Proposal complies with the review standards set forth in the City of Aspen Pre -Application
Conference Summary and Land Use Application, as well as with prior Residences at The Little
Nell land use approvals, as demonstrated below:
• Review Standards from the Land Use Application:
The Matrix of Land Use Application Requirements for "condominiumization" sets forth
only two requirements: a completed Land Use Application and a description of the
proposal. Both items have been provided.
• Review Standards from the Pre -Application Conference Summary:
The City of Aspen Pre -Application Conference Summary sites to Section 26.480.050 (A)
of the City of Aspen Land Use Code, regarding Administrative Subdivisions for
Condominiumization. This Code Section states as follows:
A subdivision to establish, amend, or vacate separate ownership interests of a single
property in a Condominium or Common Ownership Interest Community form of
ownership shall be approved, approved with conditions, or denied by the Community
Development Director. Condom iniumization 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 condominiumization plat pursuant to Section 26.480.030,
Procedures for Review, and according to the following standards: 1. The Condominium
Plat is in an acceptable style and format as prescribed in Title 29 — Engineering Design
Standards, Plats. 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 between the applicant and the City unless the Community
Development Director determines such an agreement is necessary.
Section 26.480.050 (A)is somewhat inapplicable here in that the Proposal is not a request
for subdivision. Rather, this is a conversion or re -designation of a single unit in an
approved subdivision and condominium project. The Proposal does not seek physical
changes, a division of any parcel into multiple lots, an aggregation of any parcel with
other lands, or a change in use from what the City of Aspen has already approved for the
Residences at The Little Nell.
The draft First Amended Condominium Exemption Map is in the format prescribed in
Title 29 — Engineering Design Standards, Plats. Sopris Engineering used the attached
Engineering Design Standards checklist for Condominium Subdivision Plats found at
Section 2.3.1 in preparation of the draft First Amended Condominium Exemption Map.
HOLLAND&HART A
August 22, 2016
Page 3
• Relevant Land Use Approvals Associated with the Residences at The Little Nell
The City of Aspen Community Development Department approved an Insubstantial PUD
Amendment for Residences at The Little Nell in 2012, permitting Unit C-2 to be used as
general common element (GCE) space, and the space has been used in this manner ever
since. This approval was subsequently memorialized in 2013 by the Aspen City Council
in a recorded Amendment to Subdivision/PUD Agreement (Reception No. 601962).
Enclosed with this letter, please find the subject Amendment to Subdivision/PUD
Agreement and Exhibit D therein, which is the 2012 approval for an Insubstantial PUD
Amendment.
Earlier development approvals for the Residences at Little Nell —including Ordinance
No. 30, Series of 2004 (Reception No. 504168), Subdivision/PUD Agreement for the
Residences at Little Nell Subdivision/PUD (Reception No. 510210), and Development
Order of the City of Aspen Community Development Department (Reception No.
505925)--do not require a particular process for amending the Residences at the Little
Nell condominium map. Similarly, the aforementioned 2012 Insubstantial PUD
Amendment and 2013 Amendment to Subdivision/PUD Agreement do not impose further
conditions or process for amending the condominium map.
Thank you for your consideration in processing the Proposal. Should any questions arise, please
direct them to Tom Todd, Esq., as the undersigned expects to be on maternity leave for the
remainder of 2016. Tom Todd may be reached at (970) 925-3476 or via email at
TTodda,hollandhart.com.
Respectfully,
Alison E. Wente
for Holland & Hart LLP
Enclosures
1. Third Amendment to Declaration of Condominium for Residences at the Little Nell
2. Engineering Design Standards
3. Amendment to Subdivision/PUD Agreement
cc: Susan Spalding, Managing Agent for RLN Condo Association (via email)
Tom Todd, Esq. (via email)
9051072_1
RECEIVE
AUG 2 4 2016
CITY OF ASPEN
RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC.
A COLORADO NONPROFIT CORPORATION
APPLICATION FOR REVIEW OF DEVELOPMENT
FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE NELL
CERTIFICATE OF DECLARANT THE PURPOSE OF THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP IS TO CONVERT OR RE -DESIGNATE UNIT C-2
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED. THE RESIDENCES AT UTTLE NELL DEVELOPMENT LLC A DELAWARE UNITED UABWTY COMPANY RESIDENCES AT THE LITTLE NELL, according to the Condominium Exemption Map thereof recorded November 26, 2008 in Plat Book 89 at Page
KREAFTER. THE MECLARANI SEW. THE DECLARANT OF THE RESIDENCES AT THE LITTLE NELL. ACCORDING TO THE CONDOMINIUM EXEMPTION MAR THEREOF 32 as Reception No. 554606 in the Office of the Clerk and Recorder of Pitkin County, Colorado into a general common element (GCE).
RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY. COLORADO ON NOVEMBER 26, 2008 IN PLAT BOOK 89 AT PAGE 32 AS RECEPTION NO
5560 M*-CONDOMMUMMAP)ARDASDEFINEDANDDESCRIBEDINTHEDECLARATIONOFCONDOMINIUMFORRESIDENCESATTHEUTTLENELLRECORDEDIN SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.
THE OFFICE OF THE CLERK& RECORDER OF PITKIN COUNTY, COORADOONNOVEMBER 26. 2DOBAS RECEPTION 140554607 AND DEFINITIVE FIRST AMENDMENT TO CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN THE OFFICE OF THE CLERK & RECORDER Of PITKIN COUNTY, COLORADO ON
MARCH 29. 2010 AS RECEPTION NO. S68015 AND RERECORDED MARCH 29, 2010 AS RECEPTION NO 568018 AND SECOND AMENDMENT THERETO RECORDED IN THE
OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON JULY 30, 2013ASRECEPTIONNO 801963(COLLECTIVELY, THE VECIARATOn SHEET 1 OF 2
WAS BY THESE PRESENTS CONVERTED OR RE -DESIGNATED COMMERCIAL UNIT C-2 RESIDENCES AT 711E LITTLE NELL. ACCORDING TO THE CONDOMINIUM MAR CERTIFICATES, NOTES, VICINITY AND CONTROL MAP
THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION, INTO GENERAL COMMON ELEMENT (GCE), AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO
AND FOR THE PURPOSES SET FORTH IN THE THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN THE
OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON THE DAY OF 2016. AS RECEPTION NO
(THE -THIRD AMENDMENT-)
DECLARANT THE RESIDENCES AT UTTLE NELL DEVELOPMENT, LLC. A DELAWARE UNITED LIAENUTY COMPANY SHEET INDEX
BY ASPEN LAND FUND, U.C, A COLORADO LIMITED LIABILITY COMPANY. MANAGING MEMBER
1) CERTIFICATIONS, DEDICATIONS 8 NOTES
5) BUILDING. FIRST FLOOR PLANS
By
BROOKE A PETERSON, AUTHORIZED SIGNATORY
STATE OF COLORADO)
) SS.
OOUNTYOFPITKIN )
THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 2016. BY BROO(E A PETERSON. AS AUTHORIZED
SIGNATORY OF ASPEN LAND FUND. LLC. A COLORADO LIMITED UABIUTY COMPANY. MANAGING MEMBER OF THE RESIDENCES AT LITTLE NELL DEVELOPMENT. LLC A
DELAWARE UNITED LIABILITY COMPANY.
WITNESS MY LAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES
CERTIFICATE OF OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED. THE RESIDENCES AT THE UTTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO NOW PROFIT
CORPORATION, , REN O THE OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO. TO WIT
UNIT C-2, RESIDENCES AT THE LITTLE NELL ACCORDING TO THE CONDOMINIUM MAP THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION
RAS AND BY THESE PRESENTS ACKNOWLEDGES AND ACCEPTS THE FOREGOING CONVERSION OR RE -DESIGNATION OF UNIT C-2. RESIDENCES AT THE UTTLE NELL.
RESIDENCES AT THE UTTLE NELL CONOONINIUM ASSOCIATION. INC A COLORADO NON-PROFIT CORPORATION
BY
NOAH SHORE. PRESIDENT
BY
DO HOPSON, SECRETARY
SURVEY NOTES
1) DATE OF SURVEY APRIL 2004 AND AUGUST-NOVEMBER 2008
UPDATED JULY 2016
2) DATE OF PREPARATION. JULY-ALIGUST2019
3) BASIS OF BEARING A BEARING OF N 75.Ml V W BETWEEN THE FOUND PK NAIL AND SHINERS LS. A28843 MONUMENIING THE NORTHERLY BOUNDARY UNE OF NORTH OF
NELL CONDOMINIUMS, AS SHOWN ON SHEET 1 OF 2
4) BASIS OFSURVEY THE CONDOMINIUM EXEMPTION RAT OF THE RESIDENCES AT THE LITTLE NELL THE RECORDED RATS OF RESIDENCES AT LITTLE NELL
SUBDIVISIOLPUD, THE FIRST AMENDED RAT OF UTTLE NELL SUBDIVISION. THE FIRST AMENDED RAT OF TIPPLE WOODS SUBDIVISION. VARIOUS DOCUMENTS OF
RECORD. AND THE FOUND SURVEY MONUMENTS AS SHOWN.
5) BASIS OF ELEVATION- THE 1998 CITY OF ASPEN DREXEL BARRELL CONTOUR DATUM WHICH IS BASED ON AN ELEVATION OF T720.88 (NAVD 19U) ON THE NGS STATION'S
159' THIS ESTABLISHED A SITE BENCHMARK ELEVATION OF 7937 75 ON THE BRASS DISK, LS 08643, MONUMENTING THE POSITION OF ASPEN TOWNSITE CORNER 140. 9,
AS SHOWN HEREON
6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC ('SE-) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL
INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE RECORDS SE REUED UPON THE ITEMS LISTED IN NOTE 4 AND THE TITLE GOMNITIENT PREPARED
BY PITKIN COUNTY TITLE. INC UNDER CASE NO PCT248WW, EFFECTIVE DATE JAY 22. 2016.
TITLE CERTIFICATE
THE UNDERSIGNED. A DULLY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., REGISTERED TO DO BUSINESS IN PITKIN COUNTY. COLORADO, DOS HEREBY
CERTIFY PURSUANT TO SECTION 2015 (R OF THE ASPEN MUNICIPAL CODE. THE RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC, A COLORADO
NONPROFIT CORPORATION DOES HOLD FEE SIMPLE TITLE TO UNIT C-2, RESIDENCES AT THE LITTLE NELL, FREE AND CLEAR OF ALL UENS AND ENCUMBRANCES EXCEPT
THOSE LISTED ON THE TITLE ODMMITMENT ISSUED BY PITKIN COUNTY TITLE. INC. UNDER CASE No. PCT24NOW EFFECTIVE DATE JULY 22. 2016
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS RAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE,
NOR A GUARANTY OF TITLE AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC., NEITHER ASSUMES NOR WILL BE CHARGED WIDTH ANY FINANCIAL
OBLIGATION OR LABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
BY DATE
TTLE EXAMINER
ADDRESS
STATE OF COLORADO)
SS
COUNTYOFRAIN )
THE TITLE CERTFOATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
TITLE, INC
WITNESS MY RAND AND OFFICIAL SEAL
NOTARY PUBIC
NOTILE A-TO-LO-YOJMJ6TOpNIENCEANYIEGLL
ALTIpN BAgOIIPp1ANY WECT w TH55UNEY A4THN TH4aE YEN&
A:TEPYg1FE6T p8CWER SLUM DEFECT WWEVBRWYANVACRON
BASED LPON AVY DEFECT N TN& SIAVEY W CpAEN(£D MORE THNI TRI
YFAR$FROMTIE aROF(FAIIFlG1TpN BIDYIIIIEIEON
2016. BY AS TITLE EXAMINER OF PITKIN COUNTY
2009 CITY OF ASPEN (MARGIN) STREET
MONUMENT LPS-2 AT THE WTERSECTNYN
OF GALENA STREET AND DURANT
AVENUE
FOUND PK SHINER FOIL
L.S. 1290210 L5
M
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h FOUND W43 !
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FOUND PK 9YEN V DEAN AYE
L.S. 115710
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LS PM43 %
2009 CITY OF ASPEN (MARLIN) STREET
MONUMENT CPS-5 AT THE WTERSECTIVV
OF GALENA STREET AND HOPKINS AVENUE
FOUND DURANT AVENUE SHYERS #2.
FOUND ROM &
T.SD9Y1' N f CAP L.S. 90131
FOUND REBAR ! J
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FOUND PK NAIL ! 90ER LS PM43
NORTH OF NZLL
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30.28 REBAR ! CAP
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r CAP L.S. OW51
;E FOLIO PK HAIL ! SHINER LS PM43 575V9'11'E
Z 5.21'
FOND BRASS DISK
75'09'I1" W l9 A2R643 FOLIO BRASS DISK
31.46' LOT I LS I M43
RESIDENCES AT LITTLE NELL
H SUBDIVISION/PUD
RECEPTION NO. 510209
66.737 69. rt. t
MY w 1.532 acres t
Op FOND BRASS BSI(
LS QD843
2
FdJND REBAR ! CAP
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FOUND REBAR !
CAP L.S. 09184
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CAP LS. Q4303
FOLIO REBAR !
CAP L.S. /15710 F
fog 1y 119 376
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CAP LS 920151
RHINO REBAR !
CAP L.S. PD151
S74'50'49"W
26.47'
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N75O9'il"W
FIRST ANrS PLAT
4.10'
OF L17746 NELL
SUBDIVISION
lar P
RWT' ION AO SIOTOY
FIRST "ENDED PLAT OF
LITTLE NTLL SUBDIVISION
PACER/ON NO 510202
FOUND REBAR ! CAP
FOUR PK HAL
! SHNER LS
LS 02M43
N
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YJ 60�0 _q
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REBAR !
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EDNO REBAR
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R CAP LS
FIRST AI(TNOTD PLAT OP 'I.LEOBLE
111T NELL
SUBDIVISION
FOUND FAIR !
RACTPTION AD. 510202
CAP LS 02015E
FOUR REBAR !
CAP LS 120151
1 : Mpew
I
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V.
RESTATED MAP NOTES VICINITY MAP
SCALE. 1'=2000'
1) RESIDENCES AT THE LITTLE NELL IS SUBJECT TO
(a) THE PROVISIONS OF ASPEN CITY ORDINANCE NO 30 (SERIES OF 2004).
(E) TERMS. CONDITIONS, PROVL90NS AND OBLIGATIONS ASSET FORTH IN THE DEVELOPMENT ORDER OF THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
RECORDED JANUARY 12, 2OD5 AS RECEPTION N0. 505825.
(0 TERMS. CONDITIONS. PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE REVOCABLE ENCROACHMENT LICENSES RECORDED MAY 17 2005 AS RECEPTION NOS
510205 AND 510206
2) RESIDENCES AT THE UTTLE NELL IS SUBJECT TO THE CONDOMINIUM EXEMPTION MAP THE RESIDENCES AT THE LITTLE NELL RECORDED ON NOVEMBER 26. 2008IN
RAT BOOK 89 AT PAGE 32 AS RECEPTION NO 510209 AS551806 (THE'CONDOMNIUM MAP) AS WELL AS THAT CERTAIN SUBOVISIONIPUD AGREEMENT RECORDED MAY 1',
2005 AS RECEPTION NO. 510210. MEMORANDUM OF INSUBSTANTIAL CHANCE RECORDED DECEMBER 22, 2005 AS RECEPTION NO 518768 AND THE NOTICE OF APPROVAL
RECORDED SEPTEMBER 8. 2000 AS RECEPTION NO 552703
3) THE DECLARATION OFCONDOMINIUM FOR RESIDENCES AT THE UTTLE NELL RECORDED ON NOVEMBER 26, 2006 AS RECEPTION NO.55007 AND DEFINITIVE FIRST
AMENDMENT TO DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE UTTLE NELL RECORDED ON MARCH 29. 2010 AS RECEPTION NO 568015 AND RERECORDED
MARCH 29. 2010 AS RECEPTION NO 568018 AND SECOND AMENDMENT THERETO RECORDED ON JULY 30 2013 AS RECEPTION NO 601963 (COLLECTIVELY. THE
'DECLARATION-).
Q THE AMENDMENT TO SUBOVISIONPUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISIOWRID ENTERED AS OF JULY 17, 2013 AND RECORDED ON JULY 30
2013 AT RECEPTION NO 60192
5) THIS FIRST AMENDED CONDOMINIW EXEMPTION MAP RESIDENCES AT THE LITRE NELL IS BEING EXECUTED AND RECORDED IN ACCORDANCE NTH THE COLORADO
COMMON INTEREST OWNERSHIP ACT, SECTION 38-33 3101 ET SEC. OF THE COLORADO REVISED STATUTES.
6) ALL REFERENCES TO RECEPTION NUMBERS 94OWN HEREIN ARE RECORDED IN THE (OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO
7) DECLARANT RESERVED TO ITSELF AND ITS SUCCESSORS AND ASSIGNS CERTAIN RIGHTS SET FORTH IN SECTIONS 3.5, 3.6, and 13OF THE DECLARATION, AS AUTHORIZEC
BY SECTION 38-33.3-210 OF THE COLORADO REVISED STATUTES
CITY ENGINEER REVIEW
THIS MAP ARMS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REOUREMENTS.
THIS -DAY OF M16.
CITY ENGINEER
DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL
THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN
LAND USE CODE BY THE CITY OF AWN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 2016 TO THE EXTENT THAT
PLAT OF S (�' In ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFUCT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUM OR ANY OTHER
FOOD o N PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT UNITED TO OTHER APPLICABLE LIVD USE REGULATIONS AND BLIDNG CODES. SUCH OTHER DEVELOPMENT
'UBDIV/SION i�j
RJrTFT/0
FOUND 2 REBAR R
ORDERS OR APPLICABLE LAWS SHALL CONTROL.
N. 510 I W
CAPS L.S. PM51
�$
COMMUNITY DEVELOPMENT DIRECTOR
FIRST FIRST o
ANTNOTO AYTNOTD h
PTIPPLr LAT OF PLAT OF h
SURVEYORS CERTIFICATE
FOODS Z
FOMD RESAR h CAP
SUED/Y/SIC SUBDIVISION
LS Rau
1 MARK S. BECKLER A REGISTERED LAND SURVEYOR DO HEREBY CERTIFY THAT I HAVE PREPARED THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES
R&CTPTM4 R6CdPl/ON
AT THE LITTLE NELL THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNITS IDENTIFYING NUMBER, THE LOCATION (WITH
JO�4 Ab S
REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF UNITED COMMON ELEMENTS,
574'30'00"E 82.38'
AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON. THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY
REBAR !
fOMD RERAR !
SUPERVISION IN AUGUST -OCTOBER 2008 AND JULY. 2016. THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP MEETS THE REQUIREMENTS OF A LAND SURVEY RAl
LS. PM-11
CAP LS P6129
ASSET FORTH INC R.S. SECTION 38-51-106-, THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP CONTAINS ALLOF THE INFORMATION REWIRED BY C R S. SECTION
GRAPHIC SCALE
38.33 3 209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT AND THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAR () CONTAINS ALL OF THE INFORMATION
50 0 25 50 100
210 REQUIRED BY SECTION W33.3.209OF THEACT,AND[) THATALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITSCREATED BY THE
y�NjO BS
CONDOMINIUM MAP ARE SLBSTANTALLY COMPLETED IN INTERPRETING THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP, THE EXISTING PHYSICAL BOUNDARIES OF
IX
EACH UNIT AS CONSTRUCTED SHALL BECONCLUSVELY PRESUMED TO BE ITS BOUNDARIES THE CONTROL PRECISION IS GREATER TRAN 1 IN 15,000 RECORDED
pVT
( IN FEET)
EASEMENTS, RIGHTSOF-WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNT)
TITLE. NC UNDER CASE No PCT24OMW, EFFECTIVE DATE JULY 22, 2016
1 inch = 50 ft
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
MARKS. BECKLER P LS. A2M43
DATED 2016
CLERK AND RECORDER'S ACCEPTANCE
THIS FIRST AMENDED CONDOMMUM EXEMPTION MAP OF RESIDENCES AT THE LITTLE NELL IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO AT O'CLOCK -M-. THIS _ DAY OF 2016, IN RAT BOO( _, AT PAGES RECEPTION N0.
PITKIN COUNTY CLERK AND RECORDER
FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE NELL
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF
THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 2
BUILDING, FIRST FLOOR PLAN
f"I
GENERAL NOTES
PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL ORAWNGS
UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION
INFORMATION
LCE F AND LGE F, H DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
LCE C-1 DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE OR IN THE CASE
OF ELEVATOR 5 AND 7 SHAFTS FROM CONCRETE FACE TO
CONCRETEFACE
UNIT AH41 AND UNIT 1141 DIMENSIONS ARE FROM UNFHS14ED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
UNIT AHN AND UNIT HM ELEVATIONS ARE FROM FINISH
FLOORING TO UNFINISHED DRYWALL CEILING
FORMER UNIT C-2 DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
FORMER UN R C-2 ELEVATIONS ARE FROM FINISH FLOORING TO
BOTTOM OF ACOUSTIC TILE CEILING
UNIT C 3 DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE
UNIT C-3 ELEVATIONS ARE FROM FINISH FLOORING TO BOTTOM
OF CONCRETE CEILING
DICE
IWALKWAY]
UNIT AH3 UTTAH4
W." ]LAµ
mIIFF AIIAR
-GCE[TRAS
-amSAW
-
GCE
AFIRE
---- -
GCE
GCE L7LASE1
jRAV Pj
-
ITAI
_ Gm
GCE ,
wOADMB wall
LCE F. H [ENTRY FO'ERI
XUGGAml
GCE
VESTIBULE] PEATORI
I1Wf AXT
LINRA
1NgA
A
KMW
GCE
A111IR
AI11pR OCE
POCK
LOBBY
STORAGE] GCE
IELEVATM
DOE
(ELEVATOR
LOBBY)
GCE
(ELEVATOR]
GCE
OCE UNIT All-1 A UNIT Al" UNIT A" A UHT AILS UNIT A" LNITAK7— GCE UNIT AH4 GCE )DOCK OFFICE)
)RRDCR) FLANITORI
BUILDING TABLE
T ICE )F.Iq GCE
GCE- GENERAL COMMON ELEMENT GIGOEWCALI piECREATION ROOMJ PAN MECHANICAL
LCE - UNITED COMMON ELEMENT
FF FINISHED FLOOR
GCE GCE
BC - BOTTOM CONCRETE CENNG 13EVATORI ICI
CE- CEILING
AH41 AFFORDABLE HOUSING UNIT
GCE
F41 -FRACTIONAL OWNERSHIP UNIT ISTAIRI
HN -HOTEL UNIT
CN -COMMERCIAL UNIT
P-# -PARKING UNIT GOE
pMECHANICAL CHA!
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING
UTIUTIES. IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY. AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS
DICE
LCE TABLE
LCE F -LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A F (FRACTIONAL)
LCE H- LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A H (HOTEL)
LCE F.H - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A F,H (FRACTIONAL
AM HOTEL)
LCE CN- LCE PARTICULAR TO DESIGNATED COMMERCIAL CONDOMINIUM UNIT
NUMBER
LCE Fs- LCE PARTICULAR TO DESIGNATED FRACTIONAL OWNERSHIP
CONDOMINIUM UNIT NUMBER
N14'5:r E NORTHSOUTH -INTERIOR WALL BEARING (TYP )
S75'OS10'E EAST -WEST- INTERIOR WALL BEARING (TYP )
N1/•53'SPE NORTHaDUTH EXTERIOR WALL BEARING(TYP)
S75'OS/(rE EAST -WEST- EXTERIOR WALL BEARING (TYP )
MAP NOTES
1) ALL AREAS OUTSIDE THE INDIVIDUAL AIRSPACE CONDOMINIUM UNITS ARE GENERAL COMMON
ELEMENTS (GCE) OF RESIDENCES AT THE LITTLE NELL UNLESS IDENTIFIED AS A UNITED COMMON
ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL AIR SPACE
UNITS
MOIICE n(YXlPOING i(I ODLORn00 uW VOUTAISf COMEII�ANv IECly
AC1gxfN5E0MW ANYpR£G NTIAS SUNEY WRHN TIRR vuR.S
AFTER YW FIRSTMSCOYER SWI DEFECT N NO EVEY' W � n4� ,CT�'.
BA®UVxIvII LFRCT LATHS SIFrtY BE COMFEnf-:-. - -. _.
YEMSFRCYTIE RATE CF CFRtIFKALKIN SNDYIN tea,
LCE F,H
ROW ROOM /..
BUSINESS CENTERI
UNIT W102
IRA qA
AIVR
UNIT H 101
MINA
1M+rR
PORFJDM
GCE
UNIT H-100
NA qA GCE
AI110 R
(SfMRI..
OCE
II
GCE GCE
IBA (RETAIL
UNIT G3 ARCADE)
(irga
All DI R
UNIT1+104 UITK,D5 LINT 10015 UITH.107 A
NSgA WK, _.L .iN ql
AIIBR NNIN'T AH1FF AIIBR GCE
ITOILETS1
GCEI'�ryj1
OFADORI GCE
IC FIANITORI LCE Ff \I, I�GO,
DICE CE -
(10LE>`� LCE C-1 (ELEVATOR
LOBBY
GCE
GCE
GCE ISq LOBBY LCE F, H
(FORMALLY UNIT C-2)
GCE LCE F
IVESTIBLILE) PC LODMRSI
GCE
ROLETSI
GCE f&DWK AL)
LCE Cl
SOPRIS ENGINEERING - LLC GRAPHIC SCALE
CIVIL CONSULTANTS PLAN VIEW FIRST FLOOR
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623 HORIZONTAL SCALE I = 10
( I1+ FE''f j
(970) 704-0311 I I'ln = o n
MARK S. BECKLER, P.LS. 42OW
DATED 2016
CORNER B. ASPEN TOANSITE
FND CAP IN BRICK PAVER
LS (/30151 RESET
BENCHYARK/VNIr RE CORNER
ELEVATON — 7937.75
SHADING INDICATES AREA SNOT
AFFECTED RV THIS FIRST AMENCE _
CONDOMINIUM EXEMPTION IMP
' I rtp%SNI044 N,:Su..ys•. in,.,mm e�.ov-m s. ,. a....
THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM
FOR
RESIDENCES AT THE LITTLE NELL
THIS THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM FOR
RESIDENCES AT THE LITTLE NELL (the "Third Amendment") is made and entered into
as of the 3L5ay of P1 51
1 , 2016 by The Residences at Little Nell Development,
LLC, a Delaware limited lia ' ity company ("Declarant").
RECITALS:
WHEREAS, by that certain Amendment to Subdivision/PUD Agreement for The
Residences at Little Nell Subdivision/PUD recorded in the Office of the Clerk & Recorder,
Pitkin County, Colorado on July 30, 2013 at Reception No. 601962, including without limitation
the fourth Amendment thereto approved on April 9, 2012, the City of Aspen Community
Development Director approved use of Commercial Unit C-2 for either net leasable square
footage for all commercial purposes allowed by the underlying Commercial Lodge zone district
or as a general common element for the Project and provided that, under either use, twelve (12)
of the existing Ski Lockers may continue to be used as such in Commercial Unit C-2;
WHEREAS, pursuant to the special warranty deed recorded in the Office of the Pitkin
County Clerk & Recorder on May 2, 2012 at Reception No. 588703, Declarant conveyed to the
Residences at The Little Nell Condominium Association, Inc. Commercial Unit C-2 of the
Proj ect;
WHEREAS, Declarant seeks to exercise its reserved development rights to amend the
Declaration of Condominium for Residences at The Little Nell, recorded in the Office of the
Clerk & Recorder, Pitkin County, Colorado, on November 26, 2008 at Reception No. 554607, as
amended by Definitive First Amendment recorded March 29, 2010 at Reception No. 568015, and
further amended by the Second Amendment to Declaration of Condominium for the Residences
at The Little Nell recorded on July 30, 2013 at Reception No. 601963 (together, the
"Declaration") in order to convert or re -designate Commercial Unit C-2 as a General Common
Element and re -allocate the Allocated Interests set forth in Exhibit A of the Declaration;
WHEREAS, Commercial Unit C-2 is presently designated with the prefix "C" on the
Condominium Map of Residences at The Little Nell recorded in the Office of the Clerk &
Recorder, Pitkin County, Colorado, on November 26, 2008 at Reception No. 554606, and
Declarant seeks to exercise its reserved development rights to amend such Condominium Map in
order to convert or re -designate Commercial Unit C-2 as "GCE";
WHEREAS, the Residences at The Little Nell Condominium Association, Inc., as the
Owner of Commercial Unit C-2, acknowledges and accepts the conversion or re -designation of
Commercial Unit C-2 as a General Common Element, as evidenced by the signatures of the
members of the Executive Board on this Third Amendment;
WHEREAS, Declarant has the authority to amend the Declaration and Condominium
Map pursuant to Declaration Sections 3.5, 3.6 and 13 and Section 38-33.3-210 of the Act.
NOW THEREFORE, BE IT RESOLVED, by the Declarant that from and after
the execution of this Third Amendment and the recording hereof in the Office of the Clerk and
Recorder of Pitkin County, Colorado, the Declaration shall be deemed and hereby is amended as
follows:
1. Exhibit A of the Declaration is amended in its entirety and replaced with Exhibit A
hereof, incorporated and made a part of this Third Amendment by this reference.
2. The first paragraph of Section 3.13(d) of the Declaration is amended, by deleting the
language stricken and adding the language underlined, to read as follows:
With the exception of Commercial Unit C-1, which shall be used and operated at all
times for purposes of a restaurant/bar in accordance with the Restaurant Operating
Standards set forth in Section 3.37 below, and the space previously designated as
Commercial Unit C-2, which shall be used fer either met leasable squam footage for- all
Aspen as a general common element (12 existing Ski Lockers in the space
previously designated as Unit C-2 may continue to be used as such in either case), the
remaining Commercial Unit(s) shall be occupied and used only for such retail purposes
as may be permitted in the applicable City of Aspen zone district, and shall not be
converted to office use.
3. The third, fourth and fifth paragraphs of Section 3.13(e) of the Declaration are
amended by adding the language underlined to read as follows:
City of Aspen approval of the Project was conditioned upon the following allocation of
the seventy (70) Parking Units in the Project, to wit: Thirty-two (32) Parking Units are
allocated to the Fractional Ownership Units; eight (8) Parking Units are allocated to the
Affordable Housing Units; six (6) Parking Units are allocated to the Hotel Units; six (6)
of the Parking Units are allocated to the Tipple Woods Lot Owners (as further described
below); and the remaining eighteen (18) Parking Units are allocated to the Commercial
Units. Initially, said eighteen (18) Parking Units are allocated by Declarant as follows:
Unit C-1 - eight (8) Parking Units; the space previously designated as Unit C-2 - one (1)
Parking Unit; and Unit C-3 - nine (9) Parking Units. Declarant expressly reserves the
right to reallocate Parking Units amongst Commercial Units still owned by Declarant.
Further, the owner of Commercial Unit C-3 shall have the right to reallocate the Parking
Units appurtenant to said Unit C-3 at such time as Unit C-3 is resubdivided pursuant to
Section 3.6 above, in whatever manner said Unit C-3 owners considers appropriate. If
necessary or appropriate, the party making the reallocation of Parking Units as described
above shall have the right to execute and record an amendment to this Declaration setting
forth said reallocation, and no consent or approval of the Executive Board, the
Association, any other Owner, or any other person or entity shall be required in
connection therewith.
4. The First Amendment to the Condominium Map of Residences at The Little Nell
converting or re -designating Commercial Unit C-2 as "GCE" is recorded contemporaneously
with this Third Amendment in the Office of the Clerk and Recorder of Pitkin County, Colorado.
2
5. In all other respects, the Declaration shall remain unmodified and in full force and
effect.
IN WITNESS WHEREOF, Declarant has executed this Third Amendment as of the day
and year first set forth above.
DECLARANT: The Residences at Little Nell Development, LLC,
a Delaware limited liability company
By: AQy:
gkKN
orado limited
liing ember
ut ed Signatory
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Third Amendment was acknowledged before me this3 ( day of
2016, by Ef1}as Authorized Signatory of Aspen Land Fund,
LLC, a Colorado limited liability company, Managing Member of The Residences at Little Nell
Development, LLC, a Delaware limited liability company.
Witness my hand and official seal.
M
ELNOTARY
N LEDINGHAM
TARY PUBLIC
OF COLORADO Notary Public
ID 0 20064022471
N EXPIRES DUNE 09, 20111
Acknowledged and accepted by the Executive Board of The Residences at Little Nell
Condominium Association, Inc.
Residences at Th ' tie Nell Condominium
Association, c., a Col ado non-profit
corporatio
By:
Noah Shore, President
EXHIBIT A
ALLOCATED INTERESTS
Each Owner's percentage of undivided interests in the Common Elements and the
Common Expense liability and votes in the Association allocated to each Unit shall be as
follows:
Unit
Allocated
S uare Foota e
Percentage Interest in
Common Elements
Percentage Share of
Common Expenses
Votes
AH-1
216.5
0.232%
0.232%
0.232%
AH-2
216.5
0.232%
0.232%
0.232%
AH-3
216.5
0.232%
0.232%
0.232%
AH-4
216.5
0.232%
0.232%
0.232%
AH-5
216.5
0.232%
0.232%
0.232%
AH-6
216.5
0.232%
0.232%
0.232%
AH-7
216.5
0.232%
0.232%
0.232%
AH-8
216.5
0.232%
0.232%
0.232%
H-100
565.5
0.606%
0.606%
0.606%
H-101
565.5
0.606%
0.606%
0.606%
H-102
565.5
0.606%
0.606%
0.606%
H-103
565.5
0.606%
0.606%
0.606%
H-104
565.5
0.606%
0.606%
0.606%
H-105
565.5
0.606%
0.606%
0.606%
H-106
565.5
0.606%
0.606%
0.606%
H-107
565.5
0.606%
0.606%
0.606%
F-200
2,635.16
2.825%
2.825%
2.825%
F-203
2,635.16
2.825%
2.825%
2.825%
F-204
2,635.16
2.825%
2.825%
2.825%
F-207
2,635.16
2.825%
2.825%
2.825%
F-208
2,635.16
2.825%
2.825%
2.825%
F-211
2,635.16
2.825%
2.825%
2.825%
F-212
2,635.16
2.825%
2.825%
2.825%
F-300
2,635.16
2.825%
2.825%
2.825%
F-303
2,635.16
2.825%
2.825%
2.825%
F-304
2,635.16
2.825%
2.825%
2.825%
F-307
2,635.16
2.825%
2.825%
2.825%
F-308
2,635.16
2.825%
2.825%
2.825%
F-309
2,635.16
2.825%
2.825%
2.825%
F-312
2,635.16
2.825%
2.825%
2.825%
F-313
2,635.16
2.825%
2.825%
2.825%
F-400
3,545.92
3.801 %
3.801 %
3.80 l %
F-402
2,635.16
2.825%
2.825%
2.825%
F-403
3,545.92
3.801 %
3.801 %
3.801 %
F-406 1
2,635.16
2.825%
2.825%
2.825%
F-407 1
3,545.92 1
3.801 % 1
3.801 % 1
3.801 %
4
F-409
2,635.16
2.825%
2.825%
2.825%
F-410
2,635.16
2.825%
2.825%
2.825%
F-500
3,545.92
3.801 %
3.801 %
3.801 %
F-501
3,545.92
3.801 %
3.801 %
3.801 %
F-502
3.545.92
3.801 %
3.801 %
3.801 %
F-600
3,545.92
3.801 %
3.801 %
3.801 %
C-1
4,464.00
4.786%
4.786%
4.786%
C-3
4,780.00
5.124%
5.124%
5.124%
P-3
41.28
0.044%
0.044%
0.044%
P-4
41.28
0.044%
0.044%
0.044%
P-5
41.28
0.044%
0.044%
0.044%
P-6
41.28
0.044%
0,044%
0.044%
P-7
41.28
0.044%
0.044%
0.044%
P-8
41.28
0.044%
0.044%
0.044%
P-9
41.28
0.044%
0.044%
0.044%
P- l 0
41.28
0.044%
0.044%
0.044%
P-11
41.28
0.044%
0.044%
0.044%
P- 12
41.28
0.044%
0.044%
0.044%
P-13
41.28
0.044%
0.044%
0.044%
P-14
41.28
0.044%
0.044%
0.044%
P-15
41.28
0.044%
0.044%
0.044%
P-16
4128
0.044%
0.044%
0.044%
1'-17
41.28
0.044%
0.044%
0.044%
P-18
41.28
0.044%
0.044%
0.044%
P-19
41.28
0.044%
0.044%
0.044%
P-20
41.28
0.044%
0.044%
0.044%
P-21
41.28
0.044%
0.044%
0.044%
P-22
41.28
0.044%
0,044%
0.044%
P-23
41.28
0.044%
0.044%
0.044%
P-24
4128
0.044%
0.044%
0.044%
P-25
41.28
0.044%
0.044%
0.044%
P-26
41.28
0.044%
0.044%
0.044%
P-27
4128
0.044%
0.044%
0.044%
P-28
4128
0.044%
0.044%
0.044%
P-29
41.28
0.044%
0.044%
0.044%
P-30
41.28
0.044%
0,044%
0.044%
P-31
41.28
0.044%
0.044%
0.044%
P-32
41.28
0.044%
0.044%
0.044%
P-33
41.28
0.044%
0.044%
0.044%
P-34
41.28
0,044%
0.044%
0.044%
P-35
41.28
0.044%
0.044%
0.044%
P-36
4128
0.044%
0.044%
0.044%
P-37
41.28
0.044%
0.044%
0.044%
P-38
41.28
0.044%
0.044%
0.044%
P-39
41.28
0.044%
0.044%
0.044%
P-40
41.28
0.044%
0.044%
0.044%
P-41
41.28
0.044%
0.044%
0.044%
P-42
41.28
0.044%
0.044%
0.044%
P-43
41.28
0.044%
0.044%
0.044%
P-44
41.28
0.044%
0.044%
0.044%
P-45
41.28
0.044%
0.044%
0.044%
P-46
41.28
0.044%
0.044%
0.044%
P-47
41.28
0.044%
0.044%
0.044%
P-48
41.28
0.044%
0.044%
0.044%
P-49
41.28
0.044%
0.044%
0.044%
P-50
41.28
0.044%
0.044%
0.044%
P-51
41.28
0.044%
0.044%
0.044%
P-52
41.28
0.044%
0.044%
0.044%
P-53
41.28
0.044%
0.044%
0.044%
P-54
41.28
0.044%
0.044%
0.044%
P-55
41.28
0.044%
0.044%
0.044%
P-56
41.28
0.044%
0.044%
0.044%
P-57
41.28
0.044%
0.044%
0.044%
P-58
41.28
0.044%
0.044%
0.044%
P-59
41.28
0.044%
0.044%
0.044%
P-60
41.28
0.044%
0.044%
0.044%
P-61
41.28
0.044%
0.044%
0.044%
P-62
41.28
0.044%
0.044%
0.044%
P-63
41.28
0.044%
0.044%
0.044%
P-64
41.28
0.044%
0.044%
0.044%
P-65
41.28
0.044%
0.044%
0.044%
P-66
41.28
0.044%
0.044%
0.044%
P-67
41.28
0.044%
0.044%
0.044%
P-68
41.28
0.044%
0.044%
0.044%
P-69
41.28
0.044%
0.044%
0.044%
P-70
41.28
0.044%
0.044%
0.044%
P-71
41.28
0.044%
0.044%
0.044%
P-72
41.28
0.044%
0.044%o
0.044%
Totals:
93,279
100.000%
100.000%
100.000%
RECEPTION#: 601962, 0 /2013 at
09:39:19 AM,
1 OF 20, R $106.00 Doc Code SUB
AGREE
Janice K. Vos Co ;dill, Pitkin County, CO
AMENDMENT TO SUBDIVISION/PUD AGREEMENT
FOR
THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD
THIS AMENDMENT is made and entered as of the � day of�_ 20li. by
and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter
referred to as "City"), and THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC,
a Delaware limited liability company (hereinafter referred to as "RI -ND"),
WITNESSETH:
WHEREAS, the Subdivision/PUD Agreement for The Residences at Little Nell
Subdivision/PUD was recorded May 17, 2005 at Reception No. 510210 in the Office of the
Clerk and Recorder of Pitkin County, Colorado (the "Subdivision/PUD Agreement"); and
WHEREAS, since the recording of the Subdivision/Pt D Agreement. four (4)
Insubstantial PUD Amendments thereto have been approved by the Community Development
Director, and the parties desire by this Amendment to memorialize all of such Amendments as a
matter of public record.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the parties agree that the mutual execution and recording of this
Amendment shall memorialize the followMng amendments to the Subdivision/PUD Agreement,
to wit:
1. First Amendment. On December 13, 2005 the Community Development
Director approved an Insubstantial PUD Amendment which allowed the two (2) free market
residential units in the RLN Project to be converted to Fractional Ownership Units. A copy of
that approval is attached hereto as Exhibit A and made a part hereof by this reference.
2 Second Amendment. On September 3, 2008, the Community Development
Director approved a second Insubstantial PUD Amendment which approved various revisions to
the architecture of the RLN Project. A copy of that approval is attached hereto as Exhibit B and
made a part hereof by this reference.
3. Third Amendment. On May 29, 2009, the Community Development Director
approved a third Insubstantial PUD Agreement which approved a Master Sign Plan for the RLN
Project. A copy of that approval is attached hereto as Exhibit C and made a part hereof by this
reference.
4. Fourth Amendment. On April 9, 2012, the Community Development Director
approved a fourth Insubstantial PUD Amendment which approved an expansion of the use of
current Commercial Unit C-2 such that Commercial Unit C-2 may be used for either net leasable
square footage for all commercial purposes allowed by the underlying CL, Conunercial Lodge.
zone district of the City of Aspen or as a general common element for the RLN Project. With
either use, twelve (12) of the existing Ski Lockers may continue to be used as such in
Commercial Unit C-2. A copy of that approval is attached hereto as Exhibit D and made a part
hereof by this reference.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
CITY:
Atxe
Kathryn S. K , City Clerk
APPROVED AS TO FORM:
l �Ja-n;esTrue, Esq., City Attorney
RLND:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
City of Aspen, Colorado, a Colorado
The Residences at Little Nell Development, LLC,
a Delaware limited liability company
By: La �d, L, a Colorado limited
liabili y, its Managing Member
0
Signatory
The foregoing instrument was acknowledged before me this 21 day of J , 2013, by
Steve Skadron as Mayor and Kathryn S. Koch as CityClerk of the Ci of Aspen, Co rad tY p o, a
municipal corporation.
Witness my hand and official seal.
Notary Public
MY Commission ExPires OQ�25 13
STATE OF COLORA.DO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _ day of j 0 , 2013, by
Brooke Peterson as Authorized Signatory of Aspen Land Fund, LLC, a Colorado limited liability
company, Managing Member of The Residences at Little Nell Development, LLC, a Delaware
limited liability company.
Witness my hand and official seal.
My commission expires:
�OIPRY =
6298222 2 oG O
pub
OF CO
FUtV-J1.�1
„ . �� . _ • �� W. i, nuL_nivu lim i ti f by y915 IL
Dec. 21. 2005 - 4:41PM Assoc.:VELOfjjiChl F-7
BIT
MIMORANDUM
TO: Chris Benden, Community DeveIoprnem Director
FROM: James Undt, Senior Planner
RE: Ths Residences at Lithe Yell- ImubstantW PUD Aenendz f
DATE: De:=ber 8, 2005
SUMMARY:
` br- Residences at Little Nall, LLC, repr„scnted by Vann Associates, has applied for an
ituLibstaudal amendment to the approved Residmcas at Little Neff SubdiviaionmUD to
amend the approved PUD to allow fpr the two (2) frco-merlcet rr &Dbal touts egpiowed
1 w'ifin the development to be oonvmtad to fim�onal owneah.ip units. Ordinance No. 30,
m 9eaes of 2004, which approved the Residences at LiWe Nell Subdivisio-DTUD cortaimd a
m o m a oonctidcn of approval allo Aug for tho subj=t units to be mctionalizod pursuant m IIn
cD m a
N itsubstartial PUD mmmndment
Q3 N
v N
r OI \
1 n a APPIdC&XT:
m The Rrsidancea at Lialc Neil, LLC, Rcpresentnd by Vann Associates.
Q
ZONING:
L0* with a PUD Overlay.
REvr wPROCWURE.
The Community Development Dircctor may approve, apprwo with conditions, or deny as
~bstzT►6al amendment to an approved PUD pursosut to Land Use Cods section
26.445,100, Planned Un& Deve1aFmejnGs.
0
s u STnFP COMMENTS:
bo =viewing the Applieant's request, Staff believes that the coriversion being propo9ed is
Y aonsisteitt with the approvals gunned in Ordinance No. 3o, Series of 20D3, approving the
Residences at Little Nell Sabdivlslon/PUD. The ordinaaec'approving the origiael pmjoct
contains a section idetmfying thV the Appl-w nt may convczt the two (2) wholly -owned
residential twits m tractional uniu and inches them in the timesherc use plan. p vided that
an i=bstat,3iel PUD Jtneadmcnt is aggrnved for record kcepiing purposes_ Staff fimher
f=le that the propwed cnnvetsiott is concis wi#h die- lodging goals of the community In
that the unjU are more &ely to bo occupied and rented on a shon te= basis if they an
included in the timnsbzm neo p►ea them if Choy arc. ntai Uh:cd as wholly -owned residential
units.
RECOMirtM.tTrt:
Staff believes that this Application meets the review staz.dudo for gr=An an inmbatautial
PUD amendment and rccon meads fhat tha Community DevetoPnWnt Director approve this
insubstantial PUD amendment to allow Tor the two (2) wholly.owaed residential ttziits
I
Receiver -ime Dtc.-3. 10:54PM
DEC-21-2 Re[eivEd ilm! Jan. 3 a 8 07�M �= PRGE:002 R=95%
i u�L✓J l..! I U. '320 9310
Nc. 21. 1005 - 4:4LPM 1t...'Assoc.:YLLNIYI ,I P.3/9
0:104 P. 3
approved in the original PUD to be converted to timeshare lodge
iraeshare use plan_ units and included in :lie
ArrROv,s L.-
I hereby approve triia. kmbstantial amcndme= to t,�e Residemces al Little Well
Subd.ivisicw?UD allowing for the Cwo �2) ,holly-o�vr,od residential ,kits to be convcjto
timeshare lodge rooms and lnclude:d in 68 Residcacss as Little Nell,s timeshare use plaJI,
with tilt &11owina Gondhicn:
I- The Applicant shall record. this document at the Pitldn County Clerk and
Recorder's Oflice within d inp(30) days of approval_
?• The units sub ect to the conocrAoa shall be included in the dMaSh--= uscpIan
pwrsuant tz the terms that wetly applied to the other fractional units in tie
Resideacw at Little Nell Subd2v].Si011/?1JD.
3, The School Lands Brydicarion ; e-s 0= %N= paid to the City of Aspen for the
two (2) fre! market residential units :fubjeet to this application sha not be
refundable.
Cluis Bandon, Cotarnutlity Development Director
ACCu't cc
L as a person being or rePreseating tho appilcan% do hereby agree to the condition of this
approval sod certify the infrorm&ticn providod in this anplieatioa is know ledge. co Zrzt to :hc best of my
Applicant: Residence ittle Ne 1
evelopment
Rv: �
r o e A. F er on, t r'p-in-Fact
aye: ember 21, 2005
A'TT�Ciri►t�tt:5:
F ibit A - Review Crite'l-is and Staff Fmdiags
Fxhibit B - Applicpaion
I 518768
IIB
Page: 2 of 8
JA
II III I l 11 III �I IIIIIIIII
IIIIIII 12,
NICE K VOS C:nJDILL pITKIN Co Z2/2005 01.581
�� CD R 41 . Be D 0.00
2
ReCeiyed Time Dec. 13. 10,59PM
DEC-ZS-2� nc, nnl...•-
Recelved Iime Jan. 3. '` ID: PAGE:003 R JS%
0
WU
EXHIBIT
a
--- -NOTICE OF AP-PROVAU- -- --- .
For an Insubstantial PUD Amendment and an Insubstantial Amendment to an
Environmentally Sensitive Area Development Order to The Residences at Little Nell,
501 E. Dean Street
Parcel No.: 2737-182-93-6034, 2737-182-93-6035, 2737-182-93-6036, 2737-182-93-6037,
2737-182-93-6038, 2737-182-93-6039, 2737-182-93-6040, 2737-182-93-6041, 2737-182-93-
6042, 2737-182-93-6043, 2737-182-93-6044, 2737-182-93-6045, 2737-182-93-6046, 2737-182-
93-6047, 2737-182-93-6048, 2737-182-93-6049, 2737-182-93-6050, 2737-182-93-6051, 2737-
182-93-6052, 2737-182-93-6053, 2737-182-93-6054, 2737-182-93-6055, 2737-182-93-6056,
2737-182-93-6057, 2737-182-93-6058, 2737-182-93-6059, 2737-182-93-6060, 2737-182-93-
6061, 2737-182-93-6062, 2737-182-93-6063, 2737-182-93-6064, 2737-182-93-6065, 2737-182-
93-6066, 2737-182-93-6067, 2737-182-93-6068, 2737-182-93-6069
APPLICANT:
The Residences at Little Nell Development, LLC
REPRESENTATIVE: Sunny Vann (Vann Associates, LLC)
SUBJECT & SITE OF AMENDMENT: The Residences at Little Nell
501 E. Dean Street
The applicant has requested an Insubstantial PUD Amendment to the Residences at Little Nell
for m scellaneous design/structural/architectural changes. The amendments include:
• Revised Rooftop Stairs
The stairs have been narrowed to accommodate the equipment room
enlargement.
O Pool Access Control Gates
- Security fencing has been added for controled access to the pool.
• Egress Easement
An emergency access easement onto Dean Ave. from Aspen Ski Company to
the Residences at Little Nell has been granted.
• Revised Egress and Rear Residences Access Structure
The roof assembly had been changed because of building code requirements.
• Revised Unit B Roof Configuration
- Roof changes were made to accommodate floor plan -changes.
e Revised Main Mechanical Exhaust Shaft Roof Assembly and Finished Roof Elevations
- A 5 ft high screenwall to hide mechanical equipment/vents on the roof has
been added.
• Revised Elevator A Overrun
- Distinguishing between the elevator overrun and stairway on the roof.
• Revised Pool Equipment and Rooftop Restrooms
- The restrooms were enlarged to meet occupancy codes.
Elevator #7 Overrun
- A 10' by 10' addition for elevator overrun has been added.
Affordable Housing Units
- The counter space requirements were adjusted and changes were made to be
able to accommodate for ADA requirements.
Revised Restaurant, Bar and Kitchen
A restaurant prep kitchen and service kitchen have been added and the lobby
area has been extended by approximately 100 sq. ft.
Ordinance No. 30 (Series of 2004) approved the final PUD for the Residences at the Little Nell.
The site is a mixed use, timeshare lodge, primarily zoned Commercial Lodge (CL), with a PUD
overlay, which consists of 26 fractional ownerships, 8 lodge units, 8 affordable housing units and
approximately 8,900 sq. ft. of net leasable area.
STAFF EVALUATIONS:
Staff supports the proposed change to the Residences at Little Nell through an amendment to the
PUD and Development Order related to the Environmentally Sensitive Area (ESA). The changes
proposed are consistent with the approvals granted in Ordinance 30, Series of 2004 approving
the PUD. The changes allow for various small revisions to the project's architecture (stairways),
more detailed design development (roof configuration/assembly, elevator overruns) and
compliance with building code requirements that are minor in nature (pool access, restrooms,
ADA requirements). In addition, the amendment makes note that an emergency egress easement
had been granted to the Residences at the Little Nell from the Aspen Ski Company onto Dean
Avenue.
The proposed changes necessitate an amendment to the Environmentally Sensitive Area
Development_ Order. The proposed changes minimally alter the approval, as the improvements
are generally interior or on the roof of the building. The changes will not affect the nature of the
natural watershed, runoff, drainage, air quality or the grading.
DECISION:
The Community Development Director finds the Insubstantial PUD Amendment and
Insubstantial Amendment to the ESA to be consistent with the standards within Ordinance No.
30, Series 2004, and thereby APPROVES the amendment for the miscellaneous changes.
AP ROVED BY:
Chris Bendon
Community Development Director
Attachments:
Exhibit A: Approved Changes on Plan Set
Exhibit B: Review Criteria
Exhibit C: Application
Gret,�,�M
Date
EXHIBIT
11 C
NOTICE OF APPROVAL
For An Insubstantial Amendment to the Residences at Nell Planned Unit
Development (PUD), Lot 1, The Residences at Little Nell Subdivision/PUD, City of
Aspen Townsite, Pitkin County, Colorado, commonly known as 501 East Dean
Street
Ordinance No. 30, Series of 2004
Parcel ID No. 2737-182-93-6034 through 2737-182-93-6069
APPLICANT: The Residences at Little Nell, LLC
REPRESENTATIVE: . Sunny Vann, Vann Associates, LLC
SUBJECT OF AMENDMENT:
The Residences at Nell Subdivision, Planned Unit
Development (PUD), Lotl, The Residences at Little
Nell Subdivision/PUD, City of Aspen'rownsite,
Pitkin County, Colorado, commonly known as 501
East Dean Street, Ordinance No. 30, Series of 2004
SUMMARY:
On behalf of the Residences at Little Nell, LLC, Sunny Vann of Vann Associates, LLC
has applied for an Insubstantial Amendment to the approved Residences at Little Nell
Subdivision/Planned Unit Development (Ordinance No. 30, Series of 2004) to approve a
Sign Plan.
'IEW PROCEDURE:
Community Development Department may approve, approve with conditions, or
an insubstantial amendment to an approved PUD pursuant to Land Use Code
on 26.445.100, Planned Unit Development (PUD).
AFF EVALUATION:
order to amend a specific provision of the ordinance that approved the PU-D originally,
'UD Amendment must be approved. Staff has reviewed the proposed amendment and
ds that the proposed amendment meets the criteria for an insubstantial amendment
suant to Section 26.445.100, Amendment of a PUD Development Order and Section
,510, Signs of the City of Aspen Land Use Code. Staff recommends approval of the
;posed Master Sign Plan.
Community Development Director finds the Insubstantial Planned Unit
opment Amendment to be consistent with the review criteria (Exhibit C) and
5y, APPROVES the amendment as specified below.
DEVELOPMENT ORDER
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site -specific development plan pursuant to
the provisions of the land use approvals, described herein. "The effective date of this Order shall
also be the initiation date of a three (3) -year vested property right. The vested property right
shall expire on the day after the third anniversary of the effective date of this Order, unless the
change is accomplished or a building permit is approved pursuant to Section 26.304.075, or
unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant
to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full
force and effect, excluding any growth management allotments granted pursuant to Section
26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective
date of this Order.
This Development Order is associated with the property noted below for the site -specific
development plan as described below.
Property Owner's Name, Mailing Address and telephone number:
Residences at Little Nell, 501 E Durant Avenue, Aspen, CO represented by Sunny Vann,
Vann Associates LLC, 230 Fast Hopkins Avenue, Aspen CO 8161, 925-6958
Legal Description and Street Address of Subiect Property:
Lot 1, The Residences at Little Nell Subdivision, City of Aspen, Pitkin County, Colorado,
Residences at Little Nell Planned Unit Development (PUD), commonly known as 501
East Durant Ave, City and Townsite of Aspen, Pitkin County, Colorado
Written Description of the Site Specific Plan and/or Attachment Describing Plan:
An Insubstantial Amendment to The Residences at Little Nell Planned Unit Development
(PUD), commonly known as 501 East Durant Ave, to allow for the approval of a
Master Sign Plan.
Land Use Approval Received and Dates:
Administrative approval granted May 29, 2009.
Effective Date of Development Order:
June 7, 2009. (Same as date of publication of notice of approval.)
Expiration Date of Development Order:
June 7, 2012. (The extension, reinstatement, exemption from expiration and revocation
may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal
Code.)
Issued this 29day of May 2009, by the City of Aspen Community Development Director.
- a4
Chris 13endon
Community Development Director
City of Aspen
The approved amendment to the Residences at Little Nell Subdivision/PUD, allows
for a Master Sign Plan as shown in attachment B.
APPR VED Y:
Chns endon Date
Community Development Director
Attachments:
Exhibit A — Master Sign Plan from Applicant
Exhibit B — Review Criteria/Checklist
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ut logo shapes
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qgnage types.
pidmimit and
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squarc I*oui;jgc,,.
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PROPOSED_ _ EXT_ER_ IOR SIGNAGE LOCATIONS - North Elevation Total atj ggregatepquarefootagerequested: %"" °`"""
7
66.25 sf. Divided onto 6 sf erase & distinct ,
Project Address: 501 E. Dean St. PERM�o
storefront elevations. [ A through F 1 �aP�t�pl@UU"14t�
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Project Address: 501 E. Dean St.
— - — - — - — - — - — -- —
PLAN VIEW
PORTE COCHERE ALCOVE
PLAN VIEW
BUILDING FACADE
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Frontage @ Property Line
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allowed for this Elevation; 21S.f.
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East Elevation at Gondola Plaza
Project Address: 501 F. Dean St.
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Frontage @ Property Line: 394'- '
--- Total aggregate square footage per elevation
W and'B' is: 20 sf each (Balance held in reserve
for potential future use.)
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has (seclt prepare
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Not for
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N
Page5old 02
The Residences at the Little Nell : Master Sign PI in
i SUA3AYAAY'A•1
SPECIAL PROVISIONS
fbaecn &.Iiga Mid
1. Under no circumstances shall a sign regulated by the Aspen Municipal Sign Code be installed without an
4.4 Unr, 1
Burango, r'Ok
approved sign permit' issued by the City of Aspen, Office of Community Development, Code Enforcement Officer.
81303
All signage shall comply with the Aspen Municipal Sign Code and the approved Master Sign Plan for The Residences
at The Little Nell.
� vro.�st
8n41rn[c+mhc UUAf Hrq
2. Businesses must install wall mounted signs only within the sign frames provided along the North elevation.
1015^ h0—Shen
Signage must be approved by the City of Aspen, Office of Community Development and the aggregate
square footage must be consistant with the Master Sign Plan for The Residences at The Little NeIL
copy nSiKEXir
Master Sign Plan
2. Architectural stone on the facade of the building shall not be drilled or altered for the purposes of any signage installation.
Mortar excepted. Signage may be installed only at the locations designated by the approved Master Sign Plan
for The Residences at the Little Nell.
3. Should any existing business owner or tenant annex an adjacent unit and/or expand their place of business,
the signage designated to that new retail space would automatically transfer to that business, provided there are no
multiple/repeated graphic messages displayed.
This proposed
4. All signage on the premises must be in clean and neat condition and must not become dilapidated
1011%tcr Sign flan
( htv; heed plepatc,
or unkempt in any way.
(ur cotnuuuticalnstl
tt,tg,c ).Pe,
5. The use of Fluorescent / Day -glow colors and/or intense primary colored backgrounds shall not be
placcmcnl and
applicable
permitted. Signage must not include the appearance of changing color, brilliant luminescent colors and / or
square fnt,tagres
the garish use of color. All colors shall be used in a harmonious fashion.
NW lilt
i construciiun.
6, Only signage of a high quality appearance & construction shall be installed. No'hornemade' signs may
be displayed on the premisis. Molded plastic letters and Generic looking signage shall not be installed under N
any circumstances.
i Page 6 or a 2
EXHIBIT
MEMORANDUM
TO: Chris Bendon, Community Development Director
FROM: Sara Nadolny, Planner Technician
RE: The Residences at Little Nell — Insubstantial PUD Amendment
DATE: April 9, 2012
SUMMARY: A request for PUD Amendment has been made by a representative of the Residences
at Little Nell, LLC, which includes an expansion of the use of current retail commercial space to be
used as either net leasable commercial or as general common element space. Considerations for the
general common element space include a sitting area, an owner's lounge, or a common meeting
space!
APPLICANT: Residences at Little Nell, LI.C, as represented by Sunny Vann, Vann Associates,
LLC.
LOCATION: Township 10, Section 7, Range 84, commonly known as 501 E. Dean St.
ZONING: Lodge (L) with PUD overlay.
BACKGROUND: The Residences at Little Nell is a mixed use timeshare lodge, and at original time of
approval, contained 24 fractional ownership units, 2 free-market residential units, 8 lodge units,
8,900 sf of net leasable commercial space, and a subgrade parking garage. The Residences at Little
Nell was granted final PUD development plan approval by City Council through Ordinance No. 30,
Series 2004. In October 2005 an insubstantial PUD amendment was approved by the Community
Development Director which allowed the project's two free market residential units to be converted
to fractional ownership units. The final plat is recorded in Book 73, Page 21 in the office of the
Pitkin County Clerk and Recorder, under Reception No. 510210.
REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved by the
Community Development Director, pursuant to Land Use Code Section 26.445.100 Amendment
of PUD development order.
STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "B."
RECOMMENDATION: Staff recommends the Community Development Director approve this
Insubstantial SPA Amendment to allow the Residences at Little Nell to expand the possible uses of
the existing Commercial Unit, C-2, as either continued net leasable commercial space or as a general
common element for the residences. This space is currently being used commercially; however, with
limited success due to its location and perceived inaccessibility to the public. Per the underlying
Lodge zoning district, accessory uses are permitted on this parcel, which is defined as a use that is
subordinate to the principal use of the structure. A general common area (in the form of a meeting
space, a shared sitting room, or owner's lounge) is a secondary use to the primary lodging use, and
Page I of 2
therefore would be a permissible accessory use. Furthermore, a conference facility is also a
permitted use within this zone district, should the general common area space be used as a meeting
space for the building.
The May 2005 Subdivision/PUD agreement states that the retaiUcommercial space is limited to a
maximum of 4,520 sf of net leasable area and is prohibited from being converted to office use. The
proposal does not include any addition or redevelopment of unit C-2, therefore, no further net
leasable is being generated by this proposal.
APPROVAL: I hereby approve this Insubstantial Amendment for the Residences at Little Nell,
r LC, to expand the use of the existing Commercial Unit, C-2, to be used for either commercial
purposes or as a general common element.
C V\
is Bend(. Community Developm t Direct Date
ATTACHMENTS:
Exhibit A. Subject Space, Unit C-2
Exhibit B. Review Criteria and Staff Findings
Exhibit C. Application
Page 2 of 2
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RESIDENCES I AT THE LITTLF. NELL
August 22, 2016
Hillary Seminick
Community Development Planner
Planning + Zoning, City of Aspen
130 S Galena Street, 3rd Floor
Aspen, CO 81611
RE: Consent of Land Owner for Land Use Application
Dear Hillary:
As the landowner of the property that is the subject of this land use application, Residences at The Little
Nell Condominium Association, Inc,, a Colorado non-profit corporation consents to the filing and
processing of the application by and through Holland & Hart, LLP. Should you need any additional
information or authorization, please let us know. Thank you for your consideration.
Respectfully,
Residences at The Little Nell Condominium Association, Inc.,
a Colorado non-profit corporation
By:
Susan Spalding, Asset Manager
cc: Holland & Hart, LLP
501 East Dean Street • Aspen, Colorado $I6, I
Telephone: 970-429-6700 • Fax: 970-429-6770
www.thclirticnell.com
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.
Name: Residences at the Little Nell Condominium Association, Inc., a Colorado non-profit
Property corporation
Owner ("I"): — — —
Email: susan@spaldingmgt.com Phone No.: 970-925-9131
Address of 501 E. Dean Street
Property: Commercial Unit C-2
(subject of Aspen, CO 81611
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.
2/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:
or,
Attorney signature: 2 date:
Attorney printed name:�Isoner,��
ALTA Commitment For Title Insurance
kbki�' VYES'T'COFz
LAND TITLE INSURANCE COMPANY
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3""FLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FAX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS:
Nola Warnecke (nola@sopris.net)
Brandi Wolfe (pctb@sopris.net)
Issued By
WESTCOR
LAND TITLE INSURANCE COMPANY
Home Office:
875 Concourse Parkway South, Suite 200
Maitland, FL 32751
Telephone (407) 629-5842
CLOSING MATTERS:
TJ Davis - (tjd@sopris.net)
Joy Higens - (joy@sopris.net)
WESTCOR
LAND TITLE INSURANCE COMPANY
ALTA Commitment Form (6-17-06)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Westcor Land Title Insurance Company, a California Corporation, ("Company'), for a valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the
land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company.
All liability and obligations under this Commitment shall cease and terminate within six (6) months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws
on the date shown in Schedule A.
Issued By:
Countersigned:
�R". W0+_
Authorized Signature
CO1045**
Pitkin County Title, Inc.
601 E. Hopkins #3
Aspen, CO 81611
WESTCOR LAND TITLE INSURANCE COMPANY
t0�7 By M, Ovv� 0 u't�'11t b3s
wectcor
L-d Tak � resident
Cu.rP,
�ft01993 O Attest:
Secretary
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument.
2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions
and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a
part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have
or may bring against the Company arising out of the status of the title to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of
this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000.00 or
less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review
a copy of the arbitration rules at http://Www.alta.org.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: July 22, 2016 at 8:00 AM
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-(6/17/06)
Proposed Insured:
TO BE DETERMINED
(b) ALTA Loan Policy-(6/17/06)
Proposed Insured:
(c) ALTA Loan Policy-(6/17/06)
Proposed Insured:
Case No. PCT24808W
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO
NONPROFIT CORPORATION
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
EXHIBIT "A"
LEGAL DESCRIPTION
COMMERCIAL UNIT C-2, RESIDENCES AT THE LITTLE NELL, according to the Condominium Exemption Map thereof
recorded November 26, 2008 in Plat Book 89 at Page 32 as Reception No. 554606 and as defined and described in the
Declaration of Condominium for Residences at The Little Nell recorded November 26, 2008 as Reception No. 554607 and
Definitive First Amendment to Declaration of Condominium for Residences at The Little Nell recorded March 29, 2010 as
Reception No. 568015 and re -recorded March 29, 2010 as Reception No. 568018 and Second Amendment thereto
recorded July 30, 2013 as Reception No. 601963 all in the Office of the Clerk and Recorder of Pitkin County, Colorado.
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 or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. 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.
6. Taxes due and payable-, and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as set forth in United States Patent recorded August 26, 1949 in Book 175 at
Page 298.
8. All interest in all oil, gas and other mineral rights, as set forth in instruments recorded January 28, 1957 in
Book 178 at Page_541, Decree recorded May 13, 1968 in Book 184 at Page 7 and Deed recorded March
24, 1960 in Book 190 at Page 204.
9. Terms, conditions, provisions and obligations as set forth in Development Order of the City of Aspen
Community Development Department recorded January 12, 2005 as Reception No. 505925.
10. Terms, conditions, provisions and obligations as set forth in Grant of Water Line Easement recorded May
9, 2005 as Reception No. 509850.
11. Terms, conditions, provisions and obligations as set forth in Waterline Relocation Agreement for The
Residences at Little Nell Subdivision/PUD recorded May 12, 2005 as Reception_ No. 510044.
12. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment Licenses recorded
May 17, 2005 as Reception No. 510205 and 510206.
13. Terms, conditions, provisions and obligations as set forth in Ski Trail Easement Agreement recorded May
17, 2005 as Reception No. 510207.
14. Terms, conditions, provisions and obligations as set forth in The Residences at Little Nell Covenant
Regarding Utility Easements recorded May 17, 2005 as Reception No. 510208.
15. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 17, 2005
in Plat Book 73 at Page 21 as Reception No. 510209.
16. Terms, conditions, provisions and obligations as set forth in Subdivision/PUD Agreement for The
Residences at Little Nell Subdivision/PUD recorded May 17, 2005 as Reception No. 510210 and
Amendment to Subdivision/PUD Agreement for The Residences at Little Nell Subdivision/PUD recorded
July 30, 2013 as Reception No. 601692.
17. Terms, conditions, provisions and obligations as set forth in Improvements and Easements Agreements
recorded May 17, 2005 as Reception No. 510216 and Amendment thereto recorded September 8, 2006
as Reception No. 528410.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
18. Easements, rights of way and all matters as disclosed on Condominium Exemption Map of Residences at The
Little Nell recorded November 26, 2008 in Plat Book 89 at 32 as Reception No. 554606.
19. Terms, conditions, provisions, obligations, easements, reservations, restrictions and assessments as set forth
in the Declaration of Condominium for Residences at The Little Nell recorded November 26, 2008 as
Reception_No. 554607 and Definitive First Amendment to Declaration of Condominium for Residences at The
Little Nell recorded March 29, 2010 as Reception No. 568015 and re -recorded March 29, 2010 as Reception
No. 568018 and Second Amendment thereto recorded July 30, 2013 as Reception No. 601963 deleting
therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin.
20. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment License Application
recorded May 29, 2009 as Reception_No. 559459.
21. Terms, conditions, provisions and obligations as set forth in Grant of Additional Staircase Easement recorded
December 11, 2009 as Reception No. 565219.
22. Terms, conditions, provisions and obligations as set forth in Encroachments Easements Agreement recorded
August 15, 2012 as Reception No. 591360.
ENDORSEMENT SCHEDULE FOR LENDERS POLICY
FILE NO: PCT24808W
BORROWER: TO BE DETERMINED
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced
above:
Form: $
Form: $
Form: $
Form: $
Form: $
Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final
title policy.
The fee for deleting exceptions 1 thru 3 is $50.00.
The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property.
Exception Number 5 will be deleted upon recordation of the documents called for on the Requirement Page.
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon
evidence satisfactory that the Taxes for prior years have been paid in full.
NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and
materialmens liens, executed by the borrower and any additional parties deemed necessary by the
Company. The company hereby reserves the right to make additional requirements as may be deemed
necessary in the event additional facts regarding development, construction or other building or work are
disclosed to the company that may fall within any lien period as defined in the Statues of the State of
Colorado, and may result in additional premiums and/or fees for such coverage and any additional
requirements deemed necessary by the Company.
The Company hereby reserves the right to deny any of the above coverage's at its sole discretion.
ENDORSEMENT SCHEDULE FOR OWNERS POLICY
ATTACHED TO AND BECOMING A PART OF CASE NO: PCT24808W
SELLER
RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO NONPROFIT
CORPORATION
BUYER:
TO BE DETERMINED
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above:
ENDORSEMENTS: For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy.
The fee for deleting exceptions 1 thru 3 is $50.00
A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse
claims, or other matters known by Seller and Buyer.
The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event
information regarding defects, liens, encumbrances, adverse claims, or the like are discovered.
The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property.
Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this
commitment.
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence
satisfactory that the Taxes for the prior year(s) have been paid.
NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens
liens, executed by the seller and any additional parties deemed necessary by the Company. The company
hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts
regarding development, construction or other building or work are disclosed to the company that may fall within any lien
period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such
coverage.
NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by
the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS)
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by
the Company and the costs thereof charged to the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of the Title Policy anticipated by this
Commitment.
Pursuant to House Bill 01-1088 (CRS 10-11-123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
(a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be
insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic
or materialmen's liens shall be deemed void and of no effect.
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
Notice of Privacy Policy
of
Westcor Land Title Insurance Company
Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of
personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will
ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes
to safeguard that information.
Who is Covered
We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this
means that the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic
personal information directly from the customer, from customer -related transactions, or from third parties such as our title
insurance agents, lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform
their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims
administration and accounting.
Information Sharing
Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing
agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the
consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a
joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as
WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share
information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and
has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural
safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com.
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PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021 012 333
REFERENCE:PCT24808W/TO BE DETERMINED
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
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AUG 2 4 2010
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Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Land Use Application Form
3. Dimensional Requirements Form
4. Matrix of Land Use Application Requirements/Submittal Requirements Key
5. General Summary of Your Application Process
6. Public Hearing Notice Requirements
7. Affidavit of Notice
All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet
at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26.
We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community
Development Department so that the requirements for submitting a complete application can be fully
described. Also, depending upon the complexity of the development proposed, submitting one copy of the
development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce
the overall cost of materials and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions which are not answered by the materials in this package, we suggest that you contact the staff member
assigned to your case or consult the applicable sections of the Aspen Use Regulations.
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of
staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be
collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must be pay the sum of
those flat fee. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in
addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the
project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly
billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and
referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will
not be accepted for processing without the required fee.
The Community Development Department shall keep an accurate record of the actual time required for the processing of a
land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The
applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community
Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a
project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an
application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited
fee to the applicant. Fees shall be due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be
reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of
120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice
of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application
for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g.
a contract purchaser) regarding payment of fees is solely between those private parties.
March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050
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Agreement to Pay Application Fees
611-0-gal'341�1
An agreement between the City of Aspen ("City") and
Property
Residences at the Little Nell Condominium
Phone No.:
970-925-9131
Owner ("I" ):
Association, a Colorado nonprofit corporation
Email:
susan@spaldingingi.com
Address of
501 E. Dean St.,
Billing
Property:
Commercial Unit G-2
Address:
PO Box 49
(Subject of
Aspen, CO 81611
(send bills here)
Aspen, CO 81612
application)
I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment
of these fees is a condition precedent to determining application completeness. I understand that as the property owner that
I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for $. flat fee for
$. flat fee for
$. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full,
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ 650.00 deposit for 2 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ 325.00 deposit for 1 hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $275.00 an hour.
City of Aspen: Property Own f:
Jessica Garrow, AICP
Community Development Director Name:
City Use: Title:
Fees Due: $_Received $ S�yY
2016 City of Apen 1130 • 1920 5050
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ATTACHMENT 2 — LAND USE APPLICATION
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Name: Residences at the Little Nell Condominium Association, Inc. AUG 2 4
Location: 501 E. Dean Street, Commercial Unit C-2, Aspen, CO 81611
Parcel ID # (REQUIRED) 273718296080 CITY O�
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AYYLIIAN 1 :
Name: —Residences at the Little Nell Condominium Association, Inc., a Colorado nonprofit corporation
Address: 501 E. Dean Street, Aspen, CO 81611
Phone #: 970-925-9131
REPRESENTIVATIVE:
Name: Alison E. Wente Address: c/o Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO 81611
Phone#:970-925-3476
GMQS Exemption
GMQS Allotment
Special Review
0 ESA — 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
Commercial Design Review
Residential Design Variance
Conditional Use
Conceptual PUD r. _� Temporary Use
Final PUD (& PUD Amendment)
Subdivision
! __1 Conceptual SPA
[� Subdivision Exemption (includes
Condominiumization)
Final SPA (&SPA
Lot Split Amendment)
C] Lot Line Adjustment L1 Small Lodge Conversion/
Expansion
Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Existing space used for commercial use.
PROPOSAL: (Description of proposed buildings, uses, modifications, etc.)
Space proposed for use by common elements.
Ha a you attached the following? FEES DUE: $
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
1 Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards
4;J�-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-D model.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: M / 4
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
(For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water
mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal
Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Existing:
Allowable:
Proposed
Principal bldg. height:
Existing:
Allowable:
Proposed.
Access. Bldg. height:
Existing:
Allowable:
Proposed_
On -Site parking:
Existing:
Required:
Proposed_
% Site coverage:
Existing:
Required:
Proposed_
% Open Space:
Existing:
Required:
Proposed_
Front Setback:
Existing:
Required
Proposed
Rear Setback:
Existing:
Required:
Proposed _
Combined F/F:
Existing:
Required
Proposed _
Side Setback:
Existing:
Required:
Proposed _
Side Setback:
Existing:
Required
Proposed _
Combined Sides:
Existing:
Required
Proposed _
Distance between Bldgs.
Existing:
Required:
Proposed _
Existing:
Required:
Proposed:_
Existing non -conformities or encroachments:
Variations requested:
ATTACHMENT 4 - MATRIX OF LAND USE APPLICATION REQUIREMENTS
For application requirements, refer to the numbers in the second column. These numbers correspond to the key
on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and
submitted in collected packets. All drawings must include an accurate graphic scale
Type of Review
App Submission
Process Type (See Process
Number of Required
Requirements
Description in Att.5)
Submittal Packets
(See key on page 9.)
8040 GREENLINE REVIEW
1-7, 8-10, 35
P & Z
10
8040 GREENLIN EXEMPTION
1-7, 8-10, 35
ADMINISTRATIVE REVIEW
2
STREAM MARGIN REVIEW
1-7, 8, 10, 11, 12, 35
P & Z OR ADMINISTRATIVE
2 FOR 0 ADMIN., 10 FOR
(based on location)
P & Z
STREAM MARGIN
1-7, 8, 10, 11, 12, 35
ADMINISTRATIVE REVIEW
2
EXEMPTION
HALLAM LAKE BLUFF
1-7, 13, 14, 35
P & Z
10
REVIEW
MOUNTAIN VIEW PLANE
1-7, 15, 16, 35
P & Z
10
CONDITIONAL USE
1-7, 9, 17
P & Z
10
SPECIAL REVIEW*
1-7, Additional Submission Req.
P & Z
10
depend on nature of the Special
Review Requested.
SUBDIVISION
1-7, 18, 19, 20, 21, 21, 35
P & Z, AND CITY COUNCIL
20
EXEMPT SUBDIVISION
1-7, 18, 19, 20, 21, 35
CIITY COUNCIL
10
LOT LINE ADJUSTMENT
1-7, 22
ADMINISTRATIVE REVIEW
2
LOT SPLIT
1-7, 22
CITY COUNCIL
10
CODE AMENDMENT
1-4, 7, 23
P & Z, AND CITY COUNCIL
20
WIRELESS TELECOM.
1-7, 16, 24, 25, 26, 27, 35
ADMIN, OR P & Z
2 FOR ADMIN, 10 FOR
P&Z
SATELITE DISH OVER 24" IN
1-7
ADMIN, OR P & Z
2 FOR ADMIN., 10 FOR
DIAMETER
P & Z
RES. DESIGN STANDARDS
1-7, 9, 28, 29, 30
P & Z OR DRAC
10
VARIANCE
GMQS EXEMPTION*
1-7, Additional submission Req.
ADMIN., OR P & Z AND/OR
2 FOR ADMIN., 10 FOR
depend on nature of the Exemption
CC (BASED ON EXEMPTION
P & Z, 20 FOR P & Z AND CC
Request.
TYPE)
CONDOMINIUMIZATION
1,31
ADMINISTRATIVE
2
PUD
1-7, 32, 33, 35
CONCEPTUAL - P & Z, AND
20 FOR P & Z AND CC
CC FINAL - P & Z, AND CC
(Submit Separately for Final
PUD Review)
LODGE PRESERVATION PUD
1-7, 35
P & Z, AND CC
20
ATTACHMENT 4 — MATRIX OF LAND USE APPLICATION REQUIREMENTS
(CONTINUED)
PUD AMENDMENT
1-7
ADMIN., OR P & Z, AND/OR CC
2 FOR Admin., 10
(BASED ON AMENDMENT
for P & Z, 20 FOR P
TYPE)
& Z AND CC
SPECIALLY PLANNED AREA
1-7, 35
CONCEPTUAL — P & Z, AND CC
2 FOR Admin., 20
(SPA)
FINAL — P & Z, AND CC
for P & Z AND CC
AMENDENDMENT TO SPA
1-7
ADMIN. OR CC (BASED ON
2 for Admin., 20 for
DURATION TIME)
P & Z and CC
TEMPORARY USE
1-7
ADMIN OR P & Z (BASED ON
2 for Admin., 10 for
DURATION TIME)
City Council
ACCESSORY DEWELLING
1-7, 9
ADMIN OR P & Z (BASED ON IF
2 for
UNIT
THE PROPOSAL MEETS REVIEW
Administrative
STANDARDS)
Review
REZONING
1-7
P & Z AND CC
20
DIMENSIONAL
1-7, 34
BOARD OF ADJUSTMENT
9
REQUIREMENTS VARIANCE
Consult with a Planner about submittal requirements.
** A pre -application conference with a Planner should be conducted prior to submitting any land use
application. Please call 920-5090 to schedule a pre -application conference.
ATTACHMENT 4 - CONT'D - SUBMITTAL KEY
1. Land Use Application with Applicant's
name, address and telephone number,
contained within a letter signed by the
applicant stating the name, address and
telephone number of the reprehensive
authorized to act on behalf of the applicant.
2. The Street address and legal description
of the parcel on which development is
proposed to occur.
3. A disclosure of ownership of the parcel on
which development is proposed to occur,
consisting of a current certificate from a title
insurance company, 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,
contacts and agreements affecting the parcel,
and demonstrating the owner's right to apply
for the Development Application.
4. An 8 W X 11" vicinity map locating the
subject parcel within the City of Aspen.
5. A site improvement survey including
topography and vegetation showing the
current status of the parcel certified by a
registered land surveyor, licensed in the State
of Colorado. (This requirement, or any part
thereof, may be waived by the Community
Development Department if the project is
determined not to warrant a survey.)
6. A site plan depicting the proposed layout
and the project's physical relationship to the
land and its surroundings.
7. A written description of the proposal and
a written explanation of how a proposed
development complies with the review
standards relevant to the development
application.
8. Plan with Existing and proposed grades at
two -foot contours, with five-foot intervals for
grades over ten (10) percent.
9. Proposed elevations of the development
10. A description of proposed construction
techniques to be used.
11. A Plan with the 100-year floodplain line
and the high water line.
12. Accurate elevations (in relation to mean sea
level) of the lowest floor, including basement, of
all new or substantially improved structures; a
verification and recordation of the actual
elevation in relation to mean sea level to which
any structure is constructed; a demonstration
that all new construction or substantial
improvements will be anchored to prevent
flotation, collapse or lateral movement of any
structure to be constructed or improved, a
demonstration that all new construction or
substantial improvements will be anchored to
prevent floatation, collapse or lateral movement
of any structure to be constructed or improved;
a demonstration that the structure will the
lowest floor, including basement, elevated to at
least two (2) feet above the base flood elevation,
all as certified by a registered professional
engineer or architect.
13. A Landscape plan that includes native
vegetative screening of no less than fifty (50)
percent of the development as views from the
rear (slope) of the parcel. All vegetative
screening shall be maintained in perpetuity and
shall be replaced with the same or comparable
material should it die.
14. Site sections drawn by registered architect,
landscape architect, or engineer shall be
submitted showing all existing and proposed site
elements, the top of slope, and pertinent
elevations above sea level.
15. Proposed elevations of the development,
including any rooftop equipment and how it will
be screened.
16. Proposed elevations of the development
and how it will be screened.
17. A sketch plan of the site showing existing
and proposed features which are relevant to the
review.
18. One (1) inch equals four hundred (400) feet
scale City Map showing the location of the
proposed subdivision, all adjacent lands owned
by or under option to the applicant, commonly
known landmarks, and the zone district in which
the proposed subdivision and adjacent
properties are located.
19. A plat which reflects the layout of the lots,
blocks and structures in the proposed
subdivision. The plat shall be drawn at a scale of
one (1) equals one hundred (100) feet or larger.
Architectural scales are not acceptable. Sheet
size shall be twenty-four (24) inches by thirty-six
(36) inches. If necessary to place the plat on
more than one (1) sheet, an index shall be
included on the first sheet. A vicinity map shall
also appear on the first sheet showing the
Subdivision as it relates to the rest of the city
and the street system in the area of the
proposed subdivision. The contents of the plat
shall be of sufficient detail to determine whether
the proposed subdivision will meet the design
standards pursuant to Land Use Code Section
26.480.060(3).20. Subdivision GIS data.
20. A Landscape plan showing location, size
and type of proposed landscape features.
21. A subdivision plat which meets the terms of
this chapter, and conform to the requirements
of this title indicating that no further subdivision
may be granted for these lots nor will additional
units be built without receipt of applicable
approvals pursuant to this chapter and growth
management allocation pursuant to Chapter
26.470.
22. The precise wording of any proposed
amendment.
23. Site Plan or plans drawn to a scale of one
(1") inch equals ten (10") feet or one (1") inch
equals twenty (20') feet, including before and
"after" photographs (simulations) specifying the
location of antennas, support structures,
transmission buildings and/or other necessary
uses, access, parking, fences, signs, lighting,
landscaped areas ad all adjacent land uses within
on -hundred fifty (150') feet.
Such plans and drawings should demonstrate
compliance with the Review Standards of this
Section.
24. FAA and FCC Coordination. Statements
regarding the regulations of the Federal Aviation
Administration (FAA) and the Federal
Communications Commission (FCC).
25. Structural Integrity Report from a
professional engineer licensed in the State of
Colorado.
26. Evidence that an effort was made to locate
an existing wireless telecommunication services
facility site including coverage/ interference
analysis and capacity analysis and a brief
statement as to other reasons for success or no
success.
28. Neighborhood block plan at 1"=50'
(available from City Engineering Department)
Graphically show the front portions of all
existing buildings on both sides of the block and
their setback from the street in feet. Identify
parking and front entry for each building and
locate any accessory dwelling units along the
alley. Indicate whether any portion of the
houses immediately adjacent to the subject
parcel are one story (only one living level).
(Continued on next page.)
28. Roof Plan.
29. Photographic panorama. Show
elevations of all buildings on both sides of
the block, including present condition of the
subject property. Label photos and mount
on a presentation board.
30. A Condominium subdivision exemption
plat drawn with permanent ink on
reproducible mylar. Sheet size shall be
twenty-four (24 inches by thirty-six (36)
inches with an unencumbered margin of one
and one-half ( 1 Y:) inches on the left hand
side f the sheet and one-half (1/2) inch
margin around the other three (3 ) sides of
the sheet pursuant to Land Use Code Section
26.480.090.
31. A description and site plan of the
proposed development including a
statement of the objectives to be achieved
by the PUD and a description of the
proposed land uses, densities, natural
features, traffic and pedestrian circulation,
of -street parking, open space areas,
infrastructure improvements, and site
drainage.
32. An architectural character plan
generally indicating the use, massing, scale
and orientation of the proposed buildings.
33. A written description of the variance
being requested.
34. Exterior Lighting Plan. Show the location,
height, type and luminous intensity of each above
grade fixture. Estimate the site illumination as
measured in foot candles and include minimum,
maximum, and average illumination.
Additionally, provide comparable examples
already in the community that demonstrate
technique, specification, and/ or light level if they
exist.
ATTACHMENT 5
DEVELOPMENT REVIEW PROCEDURE
1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process
which applies to your development proposal and will identify the materials necessary to review your application.
2. Submit Development Application. Based on your pre -application meeting, you should respond to the
application package and submit the requested number of copies of the complete application and the application
and the appropriate processing fee to the Community Development Department.
3. Determination of Completeness. Within five working days of the date of your submission, staff will review the
application, and will notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4. Staff Review of Development Application. Once your application is determined to be complete, it will be
reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. A memo will be written by the staff
member for signature by the Community Development Director. The memo will explain whether your application
complies with the Code and will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document, such as a plat, agreement or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you
not go to the trouble or expense of preparing these documents until the staff has determined that your
application is eligible for the requested amendment or exemption.
5. Board Review of Application. If a public hearing is required for the land use action that you are requesting,
then the Planning Staff will schedule a hearing date for the application upon determination that the Application is
complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be
required to nail notice (one copy provided by the Community Development Department) to property owners
within 30 feet of the subject property and post notice (sign available at the Community Development Department)
of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for
instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require
publication.
The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days
prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings
include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public
comment, and the reviewing board's questions and decision.
(Continued on next page)
6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a
Development Order which allows the Applicant to proceed into Building Permit Application.
7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to
building permit review. During this time, your project will be examined for its compliance with the Uniform
Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which
were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks,
parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded
before a Building Permit is submitted.
March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050
,I►�il ► �_�:�
PUBLIC HEARING NOTICING REQUIREMENTS
The forms of notice are required by the
Aspen Land Use Regulations: publication in the newspaper, posting of the property, and surrounding landowners.
Following is a summary of the public notice requirements, including identification of who is responsible for
completing the notice.
1. Publication - Publication of notice in a paper of general circulation on the City of Aspen is to be done at
least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development
Department and will place the notice in the paper within the appropriate deadline.
2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to
the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development
Department, to fill it in correctly and bring proof to the hearing that posting took place (use attached affidavit)
3. Mailing — Mailing of notice is to be made to all owners of property within 300 feet of the subject
development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the
Community Development Department, to mail it according to the following standards, and to bring proof to the
hearing that the mailing took place (use the attached affidavit).
Notice to mineral Estate Owner. An applicant for surface Development shall notify affected mineral estate owners
by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for
development. The applicant shall certify that the notice has been provided to the mineral estate owners.
The names and addresses of property owners shall be those in the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of public hearing.
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CODE
SCHEDULED PUBLIC HEARING DATE:
,20
STATE OF COLORADO )
) ss.
County of Pitkin )
I, (name, please print) being
or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with
the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
Paper or paper of general circulation in the City of Aspen at least fifteen (15) days
prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
Materials, which was not less than twenty two (22) inches wide and twenty-six (26)
Inches high, and which was composed of letters not less than one inch in height.
Said notice was posted at least fifteen (15) days prior to the public hearing on the
day of , 20 , to and including the date and
time of the public hearing. A photograph of the posted notice (sign) is attached
hereto:
Mailing of notice. By mailing of a notice obtained from the Community Development
Department, which contains the information described in Section 26.304.060(E) (2) of
The Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice
was hand delivered or mailed by first class postage prepaid U.S mail to all owners of
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A copy
of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized
and attached, was conducted prior to the first public hearing as required in Section
26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary,
including the method of public notification and a copy of any documentation that was
presented to the public is attached hereto.
(Continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,
To affected mineral estate owners by at least thirty (30) days prior to the date scheduled
for the initial public hearing on the application of development.
the names and addresses of mineral estate owners shall be those on the current tax
tax records of Pitkin County. At a minimum, Subdivision, Spas or PUDs that create more
than one lot, new Planned Unit Development, and new Specially Planned Areas, are
subject to this notices requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any way to be
changed or amended incidental to or as part of a general revision of this Title, to whenever
the text of this Title is to be amended, whether such revision be made by repeal of this Title
and enactment of new land use regulation, or otherwise, the requirement of an accurate
survey map or other significant legal description of, and the notice to and listing of names
and addresses of owners of real estate property in the ears of the proposed change shall be
waived. However, the proposed zoning during all business hours for fifteen (15) days prior
to the public hearing on such amendments.
Signature
The foregoing "Affidavit Notice" was acknowledged before me this day
of
20 , by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICES (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED
AS REQIURES BY C.R.S §24-65.5-103.3
RECEIVED
AUG 2 4 2016
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY CITY OF i
LANNER: Hillary Seminick 970-429-2741 DATE: August 2, 2016
PROPERTY: 501 E. Dean St. Residences at Little Nell
REPRESENTATIVE: Allison Wente, aewente@hollandhart.com
REQUEST: Condominium Plat Amendment
DESCRIPTION: The HOA association at Residences of the Little Nell wish to amend the condo plat
recorded at Plat Book 89, Page 32 at Reception No. 55406.
The applicant will need to meet all of the requirements of Section 26.480.050.A, Condom iniumization
to complete the project.
Below are links to the Land Use Application form and Land Use Code for your convenience, along
with a list of the required elements that must appear on a Condominium plat according to the City
Engineering Department.
Land Use App:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/Land%20Use%2OApp]ication
%20Form.pdf
Land Use Code:
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-
Code/
ngineering Department Condominium Plat Survey Checklist
http://www.aspenpitkin.com/Portals/O/docs/businessnav/GradeExcavateROW/Condominium%20PIat%20°/`2
0Survey%20Checklist. pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.050 (A) Condominiumization
Review by: Planning for complete application and approval
Engineering for approval
Public Hearing: No
Planning Fees: Planning Deposit —Condominium plats ($650.00 for 2 hours)
Referral Fees: Engineering (per hour) - $325.00
Total Deposit: $975.00(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 1 complete copy of the following information:
ASLU
Condominiumization
501 E. Dean St.
1
Completed Land Use Application and signed fee agreement.
[ Pre -application Conference Summary (this document).
4/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
evelopment 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.
Q/HOA Compliance form (Attached)
II/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.
G/An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
Qd 2 paper copies of the draft plat, printed at 24"x36".
- nce the copy is deemed complete by staff, the following items will then need to be submitted:
❑ 2 Copies of the complete application packet and, if applicable, associated drawings.
❑ Total deposit for review of the application.
❑ A digital copy of the application provided in pdf file format.
Upon completion of review, the following items will then need to be submitted:
❑ 2 copies of the final plat on 24"x36" Mylar.
❑ Recording fees (to be assessed by the case planner)
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.
2
7Lj
THR CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: August 26, 2016
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for Residences at the Little Nell— Condominium Plat
and have reviewed it for completeness.
Your Land Use Application is complete:
Please submit the following to begin the land use review process.
1) Digital pdf of the entire application.
2) Review deposit of $975.00.
Other submission items may be requested throughout the review process as deemed
necessary by the Community Development Department. Please contact me at 429-2759 if
you have any questions.
Th ou,
)A
VV
ti
ennifer Phel Deputy Planning Director
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No—y—
GMQS Allotments
Yes No_�L
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging __
FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE NELL
CERTIFICATE OF DECLARANT THE PURPOSE OF THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP IS TO CONVERT OR RE -DESIGNATE UNIT C-2
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY RESIDENCES AT THE LITTLE NELL, according to the Condominium Exemption Map thereof recorded November 26, 2008 in Plat Book 89 at Page
(HEREAFTER, THE "DECLARANT"), BEING THE DECLARANT OF THE RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM EXEMPTION MAP THEREOF 32 as Reception No. 554606 in the Office of the Clerk and Recorder of Pitkin County, Colorado into a general common element (GCE).
RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 26, 2008 IN PLAT BOOK 89 AT PAGE 32 AS RECEPTION NO.
554606 (THE "CONDOMINIUM MAP")AND AS DEFINED AND DESCRIBED IN THE DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.
THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 26, 2008 AS RECEPTION NO. 554607 AND DEFINITIVE FIRST AMENDMENT TO
DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
MARCH 29, 2010 AS RECEPTION NO.568015 AND RE -RECORDED MARCH 29, 2010 AS RECEPTION NO, 568018 AND SECOND AMENDMENT THERETO RECORDED IN THE
OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON JULY 30, 2013 AS RECEPTION NO.601963 (COLLECTIVELY, THE "DECLARATION") SHEET 1 OF 2
HAS BY THESE PRESENTS CONVERTED OR RE -DESIGNATED COMMERCIAL UNIT C-2, RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM MAP CERTIFICATES, NOTES, VICINITY AND CONTROL MAP
THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION, INTO GENERAL COMMON ELEMENT (GCE), AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO
AND FOR THE PURPOSES SET FORTH IN THE THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN THE
OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON THE DAY OF 2016, AS RECEPTION NO.
(THE "THIRD AMENDMENT").
DECLARANT: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY SHEET INDEX
BY: ASPEN LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGING MEMBER 1) CERTIFICATIONS, DEDICATIONS &NOTES
5) BUILDING, FIRST FLOOR PLANS
BY
BROOKE A. PETERSON, AUTHORIZED SIGNATORY
STATE OF COLORADO)
) SS.
COUNTY OF PITKIN )
2009 CITY OF ASPEN (MARCIN) STREET
MONUMENT GPS-2 AT THE INTERSECTION
OF GALENA STREET AND DURANT
AVENUE
FOUND PK SHINER FOUND PK &
L.S. 029030 SHINER L.S. 128643
THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS _ DAY OF 2016, BY BROOKE A. PETERSON, AS AUTHORIZED
SIGNATORY OF ASPEN LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGING MEMBER OF THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A
74.0'-
DELAWARE LIMITED LIABILITY COMPANY,
WITNESS MY HAND AND OFFICIAL SEAL.
IN
MY COMMISSION EXPIRES:
NOTARY PUBLIC
CERTIFICATE OF OWNERSHIP
FOUND PK SHINER
L.S. #15710
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, THE RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT
VACATED DEAN AVE
FOUND
BRASS DISK
CORPORATION, BEING THE OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO, TO WIT:
LS #28643
UNIT C-2, RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM MAP THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION
l
O
0
HAS AND BY THESE PRESENTS ACKNOWLEDGES AND ACCEPTS THE FOREGOING CONVERSION OR RE -DESIGNATION OF UNIT C-2, RESIDENCES AT THE LITTLE NELL,
0
RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATIIINC. A COLORADO NON-PROFIT CORPORATION
•
ILL
BY:
NOA•H SHORE, PRESIDENT
BY:
N
75'0911 " W
BO HOPSON, SECRETARY
31.46'
SURVEY NOTES \
60.0'
1) DATE OF SURVEY: APRIL 2004 AND AUGUST-NOVEMBER 2008.
UPDATED JULY 2016.
2) DATE OF PREPARATION: JULY -AUGUST 2016.
3) BASIS OF BEARING: A BEARING OF N 75*09'11" W BETWEEN THE FOUND PK NAIL AND SHINERS L.S. #28643 MONUMENTING THE NORTHERLY BOUNDARY LINE OF NORTH OF
NELL CONDOMINIUMS, AS SHOWN ON SHEET 1 OF 2.
4) BASIS OF SURVEY: THE CONDOMINIUM EXEMPTION PLAT OF THE RESIDENCES AT THE LITTLE NELL, THE RECORDED PLATS OF RESIDENCES AT LITTLE NELL
SUBDIVISION/PUD, THE FIRST AMENDED PLAT OF LITTLE NELL SUBDIVISION, THE FIRST AMENDED PLAT OF TIPPLE WOODS SUBDIVISION, VARIOUS DOCUMENTS OF FOUND REBAR & CAP
RECORD, AND THE FOUND SURVEY MONUMENTS AS SHOWN. LS #28643
5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARRELL CONTOUR DATUM WHICH IS BASED ON AN ELEVATION OF 7720.88 (NAVD 1988) ON THE NGS STATION "S TO'NHOME
15 SHOWN HERE (SHED A SITE BENCHMARK ELEVATION OF 7937.75 ON THE BRASS DISK, LS #28643, MONUMENTING THE POSITION OF ASPEN TOWNSITE CORNER NO. 9, N.�ALENC pLAIOPjDOC ®MS 89
PLAT BK
6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC ("SE") TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL
INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE RECORDS SE RELIED UPON THE ITEMS LISTED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED
BY PITKIN COUNTY TITLE, INC. UNDER CASE NO. PCT24808W, EFFECTIVE DATE JULY 22, 2016. FOUND REBAR &
CAP L.S. #9184
TITLE CERTIFICATE
20
THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY
SOUTH NDOMNN® ILT'VS
CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THE RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO
C BK 9
NON-PROFIT CORPORATION DOES HOLD FEE SIMPLE TITLE TO UNIT C-2, RESIDENCES AT THE LITTLE NELL, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT
PLAT FOUND REBAR &
THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC. UNDER CASE No. PCT24808W, EFFECTIVE DATE JULY 22, 2016.
CAP L.S. 424303 —
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE,
NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL
OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
FOUND REBAR
UAR &
CAP L.S. 115710
BY: DATE
TITLE EXAMINER DUjqANT
THE NU ADDRESS: LAT DO ®� 376
P
STATE OF COLORADO)
) SS
COUNTY OF PITKIN )
THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2016, BY AS TITLE EXAMINER OF PITKIN COUNTY
TITLE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON,
2009 CITY OF ASPEN (MARCIN) STREET
MONUMENT GPS-5 AT THE INTERSECTION
OF GALENA STREET AND HOPKINS AVENUE
FOUND PK &
DURANT AVENUE SHINER L.S. 128643
FOUND REBAR &
BASIS OF BEARING N 75179'11' W �r CAP L.S. #20151
XAN
S�
NORTH OF NELL f� q
R� O
CONDOMINIUMS
9R91'
REC. #553446
4' -
FOUND REBAR & CA �'S> CORNER 9, ASPEN TOWNSITE w `G
RESTATED MAP NOTES VICINITY MAP
SCALE: 1" = 2000'
L.S. #28643 9DESTROYED DURING CONSTRUCTION
RESET BRASS DISK L.S. #28643
1) RESIDENCES AT THE LITTLE NELL IS SUBJECT TO:
rn
"`CCC
(a) THE PROVISIONS OF ASPEN CITY ORDINANCE N0.30 (SERIES OF 2004).
DEAN
AVENUE �+
(TIE) N 34'10'20" W
FOUND 5' WC
FOUND REBAR &
CAP L.S. BAR
30E)
REBAR &CAP
(b) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE DEVELOPMENT ORDER OF THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
50.0'
L.S. #28643
RECORDED JANUARY 12, 2005 AS RECEPTION NO. 505925.
FOUND REBAR &
CAP L.S. #20151
S75'09'11 "E
210.97'
(c) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS ASSET FORTH IN THE REVOCABLE ENCROACHMENT LICENSES RECORDED MAY 17, 2005 AS RECEPTION NOS.
FOUND REBAR
CAP L.S. #20151
&
510205 AND 510206.
FOUND REBAR &
CAP L. j20151
FOUND REBAR &
Q ) RESIDENCES AT THE LITTLE NELL IS SUBJECT TO THE CONDOMINIUM EXEMPTION MAP OF THE RESIDENCES AT THE LITTLE NELL RECORDED ON NOVEMBER 26, 2008 IN
FOUND BRASS BASK LS #28643
CAP 20151
PLAT BOOK 89 AT PAGE 32 AS RECEPTION NO.510209 AS554606 (THE "CONDOMINIUM MAP") AS WELL AS THAT CERTAIN SUBDIVISION/PUD AGREEMENT RECORDED MAY 17
S14'50'49"W
3
2005 AS RECEPTION NO.510210, MEMORANDUM OF INSUBSTANTIAL CHANGE RECORDED DECEMBER 22, 2005 AS RECEPTION NO, 518768 AND THE NOTICE OF APPROVAL
FOUND PK NAIL & SHINER LS #28643
26.4.7'
RECORDED SEPTEMBER 8, 2008 AS RECEPTION NO, 552703.
N75 09'11 "W
FIRST AME PLAT
OF LITTI, ELL
4.10'
SUBDIVISION
3) THE DECLARATION OF COND-1 flNIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED ON NOVEMBER 26, 2008 AS RECEPTION NO.554607 AND DEFINITIVE FIRST
FOUND
PK NAIL &SHINER "E
co LOT 2
RECEPTION N0. 510202
AMENDMENT TO DECLARATION OF CONDO%1INIUM FOR RESIDENCES AT THE LITTLE NELL R DED ON MARCH 29, 2010 AS RECEPTION NO.568015 AND RE -RECORDED
LS #28643 S75*09'11
rn FIRST AMENDED PLAT OF
MARCH 29, 2010 AS RECEPTION NO.568018 AND SECOND AMENDMENT THERETO RECORDE JULY 30, 2013 AS RECEPTION NO.601963 (COLLECTIVELY, THE
5.21'
LITTLE NELL SUBDIVISION
"DECLARATION").
RECEPT NO. 510202
FOUND BRASS DISK
3 S75'09'11 "E W
•
4) THE AMENDMENT TO SUBDIVISION/PUD AGREEMENT
LS #28643 FOUND BRASS DISK
m °�
FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD ENTERED AS OF JULY 17, 2013 AND RECORDED ON JULY 30,
LOT 1 LS #28643
18.33'
—
2013 AT RECEPTION NO.60192.
o FOUND REBAR &
RESIDENCES AT LITTLE NELL
:n CAP L.S. PLLEGIBLE
�_
5) THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES AT THE LITTLE NELL IS BEING EXECUTED AND RECORDED IN ACCORDANCE WITH THE COLORADO
c�
SUBDIVISION/PUD
FOUND REBAR &
COMMON INTEREST OWNERSHIP ACT, SECTION 38-33.3-101 ET, SEQ. OF THE COLORADO REVISED STATUTES.
LO
RECEPTION No. 510209
CAP L.S. #20151
66,737 f
FOUND REBAR
6) ALL REFERENCES TO RECEPTION NUMBERS SHOWN HEREIN ARE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO.
W
1.532 acresores f
LOT 3
& CAP L.S.
o
FOUND BRASS DISK
FIRST AMENDED PLAT of
kVLLEGIBLE
7) DECLARANT RESERVED TO ITSELF AND ITS SUCCESSORS AND ASSIGNS CERTAIN RIGHTS SET FORTH IN SECTIONS 3.5, 3.6, and 13 OF THE DECLARATION, AS AUTHORIZED
LS 128643
LITTLE NELL
BY SECTION 38-33.3-210 OF THE COLORADO REVISED STATUTES.
SUBDIVISION
FOUND REBAR &
RECEPTION NO. 510202
CAP L.S. #20151
CITY ENGINEER REVIEW
2
FOUND REBAR &
CAP L.S. #20151
THIS MAP WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS.
THIS DAY OF , 2016.
FOUND REBAR & CAP
2 FOUND PK NAIL
LS #28643
LO
& SHINER L.S.
N
0. #20151
4
�0
3
FIRST �� O�0
.
FOUND BRASS DISK
AMENDED 56
PLAT OF
0
6
LS #28643
to
TIPPLE
O
WOODS
L0
'UBDIVISION
RECEPTION
FOUND 2 REBAR &
NO
a
CAPS L.S. #20151
RST
o
O
FIRST FIl
AMENDED AMENDED
t,�)
PLAT OF PLAT OF
TIPPLE TIPPLE
Z
WOODS WOODS
SUBDIVISION SUBDIVISION
RECEPTION RECEPTION
NO. 510204 O Tf0.204
S74'30'00"E 82.3
ND REBAR &
FOUND REBAR &
L.S.III 120151
CAP L.S. #16129
HS L
TffE
111GON�OMIN® FG g5
7
Bg
PLAT
CITY ENGINEER
DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL
THIS FIRST AMENDED CONDOMINIUM EXEMPTION 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 DIRECTORTHIS DAY OF 2016 TO THE EXTENT THAT
ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUM 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,
COMMUNITY DEVELOPMENT DIRECTOR
SURVEYOR'S CERTIFICATE
FOUND REBAR & CAP
LS 028643 1 MARKS. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES
AT THE LITTLE NELL; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE LOCATION (WITH
REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS,
8' AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY
SUPERVISION IN AUGUST - OCTOBER 2008 AND JULY, 2016; THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAI
AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION
GRAPHIC SCALE 38-33.3,209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP (I) CONTAINS ALL OF THE INFORMATION
50 0 25 50 100 200 REQUIRED BY SECTION 38-33.3-209 OF THE ACT, AND (!I) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE
CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED, IN INTERPRETING THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP, THE EXISTING PHYSICAL BOUNDARIES OF
EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. RECORDED
EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNT
( IN FEET) _ TITLE, INC. UNDER CASE No. PCT24808W, EFFECTIVE DATE JULY 22, 2016.
1 inch = 50 ft.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
MARK S. BECKLER, P.L.S. #28643
DATED ,2016
CLERK AND RECORDER'S ACCEPTANCE
THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES AT THE (LITTLE NELL IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO AT O'CLOCK .M., THIS DAY 0)F , 2016, IN PLAT BOOK , AT PAGES , RECEPTION NO.
PITKIN COUNTY CLERK AND RECORDER
sb 16116 2016-08-22 M:\3600dwgs\16116\Condo\16116-condo 1st Amend.dwg
FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE N LL
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF L_ J
THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 2 I __
BUILDING FIRST FLOOR PLAN - - -�
NogTH
PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS
UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION
INFORMATION
LCE F AND LCE F, H DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
LCE C-1 DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE OR IN THE CASE
OF ELEVATOR 5 AND 7 SHAFTS FROM CONCRETE FACE TO
CONCRETE FACE
UNIT AH-# AND UNIT H-# DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
UNIT AH-# AND UNIT H-# ELEVATIONS ARE FROM FINISH
FLOORING TO UNFINISHED DRYWALL CEILING
FORMER UNIT C-2 DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
FORMER UNIT C-2 ELEVATIONS ARE FROM FINISH FLOORING TO
BOTTOM OF ACOUSTIC TILE CEILING
UNIT C-3 DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE
UNIT C-3 ELEVATIONS ARE FROM FINISH FLOORING TO BOTTOM
OF CONCRETE CEILING
BUILDI� .
GCE - GENERAL COMMON ELEMENT
LCE - LIMI(OCOMMON ELEMENT
FF - FINISHED FLOOR
BC - BOTTOM CONCRETE CEILING
CE - CEILING
AH-#- AFFORDABLE HOUSING UNIT
F-# -FRACTIONAL OWNERSHIP UNIT
H-# - HOTEL UNIT
C-# - COMMERCIAL UNIT
P-# - PARKING UNIT
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING
UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS.
LCE TABLE
LCE F - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A F (FRACTIONAL)
LCE H - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A H (HOTEL)
LCE F,H - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A F,H (FRACTIONAL
AND HOTEL)
LCE C-#- LCE PARTICULAR TO DESIGNATED COMMERCIAL CONDOMINIUM UNIT
NUMBER
LCE F-# - LCE PARTICULAR TO DESIGNATED FRACTIONAL OWNERSHIP
CONDOMINIUM UNIT NUMBER
N14'53'50"E NORTH -SOUTH - INTERIOR WALL BEARING (TYP.)
S75*06'10"E EAST -WEST - INTERIOR WALL BEARING (TYP.)
N14°53'50"E NORTH -SOUTH - EXTERIOR WALL BEARING (TYP.)
S75'0610"E EAST -WEST - EXTERIOR WALL BEARING (TYP.)
MAP NOTES
[RAMP,
CONTROL]
[MECHANIC
CHASE]
I ® GCE
[STAIR]
GCE
GCE
[PORTE COCHERE]
GCE [LOADING DOCK] LCE F, H [ENTRY FOYER]
- — —
nxy
[WALKWAY] �� [LUGGAGE]
III
---- III
I
GCE
[ENTRY LOBBY] III
I
I�
II
i Ili
I I
III
I { GCE UNIT AH-2 UNIT AH-3 UNITAH 4 UNIT AH-5 UNIT AH-6 UNIT AH-7 A GCE UNIT AH-8 [DOCK OFFICE]
T ITC [CORRIDOR] [CORRIDOR] [JANITOR]
—III
T GCE• GCE ` •
GCE =ROOMI
[MAIN MECHANICAL• [CORRIDOR]
[RECHASE]
[ELECTRICAL] C_
GCE GCE II
' �TAIR] [RETAIL
GCE GCE • UNIT C-3 ARCADE] I,I
[ELEVATOR] [CORRIDOR]
also sq.a. _- I
LCE F,H
[BOARD ROOM
GCE BUSINESS CENTER]
[STAIR]
UNIT H-103 UNIT H-104 UNIT H-105 UNIT H-106 UNIT H-107
650 sqA. 445 sq.ft. 495 sq.ft. 548 sq.fL 524 sq.ft.
7941.89 FF 7941.89 FF 7941.89 FF 7941.89 FF 7941.89 FF GCE
[TOILETS]
GCE
[MECHANICAL CHASE] UNIT H-102
sq
.ft.
q.ft.
7854 FF
' GCE
[CORRIDOR] GCE
[JANITOR]
GCE
[MECHANICAL]
GCE
1) ALL AREAS OUTSIDE THE INDIVIDUAL AIRSPACE CONDOMINIUM UNITS ARE GENERAL COMMON
ELEMENTS (GCE) OF RESIDENCES AT THE LITTLE NELL UNLESS IDENTIFIED AS A LIMITED COMMON
ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL AIR SPACE
UNITS.
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
UNIT AH-1 UNIT AH-2 UNIT AH-3
491 sq.ft. 398 sq.fL 394 sq.ft.
7941.89 FF 7941.89 FF 7941,89 FF
UNIT H-100
564 sq.ft.
7941.89 FF
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
UNITAH-5 UNITAH-6 UNITAH-7
409 sq.ft. 395 sq.fL 397 k1.ft.
7941.89 FF 7941.89 FF 7941.89 FF
GCE
<1
.:--T-
GCE
[VESTIBULE] E
GCE
[STAIR]
GCE
[TOILETS]
GCE [MECHANICAL]
PLAN VIEW FIRST FLOOR
HORIZONTAL SCALE: V =10'
GCE
a,
[DOCK
GCE
VESTIBULE]
[ELEVATOR]E-E
GCE
[DOCK
STORAGE]
GCE
[ELEVATOR]
GCE
[ELEVATOR
LOBBY]
GCE
[ELEVATOR]
L/
- GCE GCE
[TOILETS]
GCE
IrcG w
7941.01 FF
I
(I
I
LCE C-1 GCE
[MECHANICAL] II
' I
LCE C-1
LCE C-1 [ELEVATOR
LOBBY]
R
MARK S. BECKLER, P.L.S. #28643
DATED 2016
CORNER 9, ASPEN TOWNSITE
' - FND CAP IN BRICK PAVER
LS #20151 RESET
LCE C1 "' " ` !, BENCHMARK/UNIT TIE CORNER
ELEVATION = 7937.75
P
I
GRAPHIC SCALE ji [ I SHADING INDICATES AREAS NOT
10 0 5 10 20 40 , / AFFECTED BY THIS FIRST AMENDED
i CONDOMINIUM EXEMPTION MAP
� I
( IN FEET) /
1 inch = 10 ft.
sb 16116 2016-08-22 M:\3600dwgs1161161Condo116116-condolstAmend.dwg
FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE NELL
CERTIFICATE OF DECLARANT THE PURPOSE OF THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP IS TO CONVERT OR RE -DESIGNATE UNIT C-2
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY RESIDENCES AT THE LITTLE NELL, according to the Condominium Exemption Map thereof recorded November26, 2008 in Plat Book 89 at Page
(HEREAFTER, THE "DECLARANT"), BEING THE DECLARANT OF THE RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM EXEMPTION MAP THEREOF 32 as Reception No. 554606 in the Office of the Clerk and Recorder of Pitkin County, Colorado into a general common element (GCE).
RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 26, 2008 IN PLAT BOOK 89 AT PAGE 32 AS RECEPTION NO.
554606(THE 'CONDOMINIUM MAP")AND AS DEFINED AND DESCRIBED IN THE DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.
THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 26, 2008 AS RECEPTION N0.554607 AND DEFINITIVE FIRST AMENDMENT TO CITY O F ASPEN, COUNTY O F PITKIN, STATE O F COLORADO
DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON
OFFICE OF THE CLERK & RECCORDER OF PITKIN COUNTY, COLORADO ON JU Y 30, 2013 AS RECEPTTIION NO$ 01 63 (COLLECTIVELY, THE "DECLARATION") MARCH 29,2010 AS REPTIN NO. 568015 AND RE -RECORDED MARCH 2,2010 AS RECEPTION N. 56801AND SECOND AMENDMENT THERETO RECORDED IN THE SHEET 1 OF 2 � �
HAS BY THESE PRESENTS CONVERTED OR RE -DESIGNATED COMMERCIAL UNIT C-2, RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM MAP CERTIFICATES, NOTES, VICINITY AND CONTROL MAP AUG 2 4 2016
THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION, INTO GENERAL COMMON ELEMENT (GCE), AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO CITY OF ASPEN
AND FOR THE PURPOSES SET FORTH IN THE THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN THE
OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON THE DAY OF 2016, AS RECEPTION NO, C WMTY OEi; �� ' � E
(THE "THIRD AMENDMENT").
DECLARANT: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY SHEET INDEX
BY: ASPEN LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGING MEMBER 1) CERTIFICATIONS, DEDICATIONS &NOTES
5) BUILDING, FIRST FLOOR PLANS
BY
BROOKE A. PETERSON, AUTHORIZED SIGNATORY
STATE OF COLORADO)
)SS,
COUNTY OF PITKIN )
THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS _ DAY OF 2016, BY BROOKE A. PETERSON, AS AUTHORIZED
SIGNATORY OF ASPEN LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGING MEMBER OF THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A
DELAWARE LIMITED LIABILITY COMPANY,
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES
NOTARY PUBLIC
CERTIFICATE OF OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, THE RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT
CORPORATION, BEING THE OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO, TO WIT
UNIT C-2, RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM MAP THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION
HAS AND BY THESE PRESENTS ACKNOWLEDGES AND ACCEPTS THE FOREGOING CONVERSION OR RE -DESIGNATION OF UNIT C-2, RESIDENCES AT THE LITTLE NELL.
RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC. A COLORADO NON-PROFIT CORPORATION
BY:
BY:
NOA0H SHORE, PRESIDENT
BO HOPSON, SECRETARY
0
SURVEY NOTES
1) DATE OF SURVEY: APRIL 2004 AND AUGUST-NOVEMBER 2008.
UPDATED JULY 2016,
2) DATE OF PREPARATION: JULY -AUGUST 2016.
3) BASIS OF BEARING: A BEARING OF N 75*0911" W BETWEEN THE FOUND PK NAIL AND SHINERS L.S. #28643 MONUMENTING THE NORTHERLY BOUNDARY LINE OF NORTH OF
NELL CONDOMINIUMS, AS SHOWN ON SHEET 1 OF 2.
4) BASIS OF SURVEY: THE CONDOMINIUM EXEMPTION PLAT OF THE RESIDENCES AT THE LITTLE NELL, THE RECORDED PLATS OF RESIDENCES AT LITTLE NELL
SUBDIVISION/PUD, THE FIRST AMENDED PLAT OF LITTLE NELL SUBDIVISION, THE FIRST AMENDED PLAT OF TIPPLE WOODS SUBDIVISION, VARIOUS DOCUMENTS OF
RECORD, AND THE FOUND SURVEY MONUMENTS AS SHOWN.
5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARRELL CONTOUR DATUM WHICH IS BASED ON AN ELEVATION OF 7720.88 (NAVD 1988) ON THE NGS STATION "S
159". THIS ESTABLISHED A SITE BENCHMARK ELEVATION OF 7937.75 ON THE BRASS DISK, LS #28643, MONUMENTING THE POSITION OF ASPEN TOWNSITE CORNER NO. 9,
AS SHOWN HEREON.
6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC ("SE") TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL
INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE RECORDS SE RELIED UPON THE ITEMS LISTED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED
BY PITKIN COUNTY TITLE, INC. UNDER CASE NO, PCT24808W, EFFECTIVE DATE JULY 22, 2016.
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY
CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THE RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO
NON-PROFIT CORPORATION DOES HOLD FEE SIMPLE TITLE TO UNIT C-2, RESIDENCES AT THE LITTLE NELL, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT
THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC. UNDER CASE No. PCT24808W, EFFECTIVE DATE JULY 22, 2016.
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE,
NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL
OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
BY: DATE
TITLE EXAMINER
ADDRESS:
STATE OF COLORADO)
)SS
COUNTY OF PITKIN )
THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2016, BY AS TITLE EXAMINER OF PITKIN COUNTY
TITLE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
2009 CITY OF ASPEN (MARGIN) STREET
MONUMENT GPS-2 AT THE INTERSECTION
OF GALENA STREET AND DURANT
AVENUE
FOUND PK SHINER FOUND PK &
L.S. #29030 SHINER L.S. 428643
74.0'
W
W
N
V
FOUND PK SHINER
L.S. #15710
VACATED DEAN AVE.. FOUND
BRASS DISK
LS #28643
75 09'11 " W
31.46'
60.0'
2009 CITY OF ASPEN (MARCIN) STREET
MONUMENT GPS-5 AT THE INTERSECTION
OF GALENA STREET AND HOPKINS AVENUE
FOUND PK &
DURAiVT AVENUE /— SHINER L.S. 128643
�( FOUND REBAR &
BASIS OF BEARING N 75179'11" W �� CAP L.S. #20151
�T N
4 NORTH OF NELL q
A o CONDOMINIUMS h W S9�91 REC. #553446
FOUND REBAR & CA 26 g CORNER 9. ASPEN TOWNSITE h
L.S. #28643 DESTROYED DURING CONSTRUC7ON
9 RESET BRASS DISK L.S. #28643
O
FOUND 5' C
rn
DEAN AVENUE (TIE) N 34'10'20" W L REBAR & C P
50.0' 30.28' L.S. #28643
FOUND REBAR &
r CAP L.S. 120151
S75.09'11"E 210.97'
FOUND REBAR &
CAP L.S. 120151
FOUND BRASS DISK LS #28643 -
FOUND PK NAIL & SHINER LS #28643
FOUND PK NAIL & SHINER
Si5.09'11"E
LS 128643
5.21'
FOUND BRASS DISK
LS ,#28643 FOUND BRASS DISK
LOT 1 LS #28643
RESIDENCES AT LITTLE NELL
c by
SUBDIVISION/PUD
RECEPTION No. 5f0,209
- a
66,737 sq. ft. f
w
1.532 acres f
o
FOUND BRASS DISK
LS #'28643
O
2
FOUND F
CAP L.S.
"\__ FOUND REBAR &
CAP L.S. 120151
'49"W
26.47'6.47
N75.09'11 "W •
a;
4.10'
O
LOT 2
FIRST AMENDED PLAT OF
LITTLE NELL SUBDIVISION
t
RECEPTIO NO. 5fO202
S75.09'11"E
°',It �'
18.33'
o '
FOUND REBAR &
CAP L.S. #ILLEGIBLE J
LOT 3
FIRST AMENDED PLAT O
LITTLE NELL
SUBDIVISION
RECEPTION NO. 5fO202
&
RESTATED MAP NOTES
SCALE: 1" = 2000'
1) RESIDENCES AT THE LITTLE NELL IS SUBJECT TO:
(a) THE PROVISIONS OF ASPEN CITY ORDINANCE NO. 30 (SERIES OF 2004).
(b) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE DEVELOPMENT ORDER OF THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
RECORDED JANUARY 12, 2005 AS RECEPTION NO. 505925.
(c) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE REVOCABLE ENCROACHMENT LICENSES RECORDED MAY 17, 2005 AS RECEPTION NOS,
510205 AND 510206.
C
E AT THE LITTLE NELL RECORDED ON NOVEMBER 26 2008 IN
2) RESIDENCES AT THE LITTLE NELL I.; SUBJECT TO THE CONDOMINIUM EXEMPTION MAP OF THE RESIDENCES ,
PLAT BOOK 89 AT PAGE 32 AS RECEPTION NO.510209 AS554606 (THE "CONDOMINIUM MAP") AS WELL AS THAT CERTAIN SUBDIVISION/PUD AGREEMENT RECORDED MAY 17
2005 AS RECEPTION NO, 510210, MEMORANDUM OF INSUBSTANTIAL CHANGE RECORDED DECEMBER 22, 2005 AS RECEPTION NO. 518768 AND THE NOTICE OF APPROVAL
RECORDED SEPTEMBER 8, 2008 AS RECEPTION NO.552703.
3) THE DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED ON VEMBER 26, 2008 AS RECEPTION NO, 554607 AND DEFINITIVE FIRST
AMENDMENT TO DECLARATION OF i ONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RB DED ON MARCH 29, 2010 AS RECEPTION NO.568015 AND RE -RECORDED
MARCH 29, 2010 AS RECEPTION NO. 568018 AND SECOND AMENDMENT THERETO RECORDED JULY 30, 2013 AS RECEPTION NO.601963 (C CTIVELY, THE
"DECLARATION"). •
4) THE AMENDMENT TO SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD ENTERED AS OF JULY 17, 2013 AND RECORDED ON JULY 30,
2013 AT RECEPTION NO.60192.
5) THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES AT THE LITTLE NELL IS BEING EXECUTED AND RECORDED IN ACCORDANCE WITH THE COLORADO
FOUND REBAR & J COMMON INTEREST OWNERSHIP ACT, SECTION 38-33.3-101 ET. SEQ. OF THE COLORADO REVISED STATUTES,
CAP L.S. #20151
FOUND REBAR 6) ALL REFERENCES TO RECEPTION NUMBERS SHOWN HEREIN ARE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO.
& CAP L.S.
F ,,OLLEGIBLE 7) DECLARANT RESERVED TO ITSELF AND ITS SUCCESSORS AND ASSIGNS CERTAIN RIGHTS SET FORTH IN SECTIONS 3.5, 3.6, and 13 OF THE DECLARATION, AS AUTHORIZED
BY SECTION 38-33.3-210 OF THE COLORADO REVISED STATUTES.
FOUND REBAR &
CAP L.S #20151 CITY ENGINEER REVIEW
FOUND REBAR &
CAP L.S. #20151
LOT f
FIRST AMEND�LAT
OF LITTLE L
SUBDIVIS N
RECEPTION NO. 510202
FOUND REBAR &
CAP L.S. #20151
THIS MAP WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS.
THIS DAY OF , 2016.
FOUND REBAR & CAP
CITY ENGINEER
LS 128643
ti
FOUND REBAR & CAP ,d
FOUND PK NAIL
9`O
LS #28643 LO
E
0-
C14
Tow
#20151 1A4
DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL
pLpCE
Do 2T3 @ pG 89
+SHINER
OT 7y 00
3
am
GALEN��
FIRST
FOUND BRASS DISK, �r
THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN
pL
AMENDED �� 60 0�
5
LS #28643 O
LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 2016 TO THE EXTENT THAT
PLAT OF . lob'
ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUM OR ANY OTHER
TIPPLE
WOODS
Q
O h in
PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT
FOUND REBAR &
SUBDIVISION
ORDERS OR APPLICABLE LAWS SHALL CONTROL.
CAP L.S. 19184
RECEPTION
M FOUND 2 REBAR &
No. 5102 4
W CAPS L.S. 120151
x
2 LOT 3
o
COMMUNITY DEVELOPMENT DIRECTOR
NA STREET
TUh{S
H 20
FIRST FIRST
AMENDED AMENDED
O
M
SOUTOMI ®�
ND
COGAK 9
PLAT OF PLAT OF
TIPPLE TIPPLE
u1
SURVEYOR'S CERTIFICATE
PLAT FOUND REBAR &
WOODS WOODS
z FOUND REBAR & CAP
CAP L.S. #24303
SUBDIVISIONI SUBDIVISION
LS 028643
I MARKS. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES
RECEPTION RECEPTION
AT THE LITTLE NELL; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE LOCATION (WITH
No. 5f0204 0. 5>0204
REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS,
I
S74.30'00"E 82.38'
AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY
FOUND REBAR &
CAP L.S. 115710
FOL NO REBAR &
SUPERVISION IN AUGUST - OCTOBER 2008 AND JULY, 2016; THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAI
CAP L.S. 120151
FOUND REBAR &
CAP L.S. 116129
ASSET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION
GRAPHIC SCALE
38-33.3.209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP (i) CONTAINS ALL OF THE INFORMATION
VT
E HILL
50 0 25 50 100
200 REQUIRED BY SECTION 38-33.3-209 OF THE ACT, AND (ii) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE
MAP, THE EXISTING PHYSICAL BOUNDARIES OF
DU S g76
N®U
HIG ON M N UHS B5
®PG
CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THIS FIRST AMENDED CONDOMINIUM EXEMPTION
�oN�O s
A NBK q
EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000, RECORDED
PK
EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNT`
pLAT
_PLAT
( IN FEET)
TITLE, INC. UNDER CASE No. PCT24808W, EFFECTIVE DATE JULY 22, 2016.
1 inch = 50 ft.
MARKS. BECKLER, P.L.S. #28643
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
DATED ,2016
CLERK AND RECORDER'S ACCEPTANCE
THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES AT THE LITTLE NELL IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO AT O'CLOCK .M., THIS DAY OF 12016, IN PLAT BOOK , AT PAGES , RECEPTION NO.
PITKIN COUNTY CLERK AND RECORDER
sb 16116 2016-08-22 M:13600dwgs1161161Condo116116-condo 1slAmend.dwg
FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE N LL
A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF
THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 2
, B ILDING FIRST FLOOR PLAN----
BUILDING,
__ffi�
,lor
GENERAL NOTES
PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS
UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION
INFORMATION
LCE F AND LCE F, H DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
LCE C-1 DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE OR IN THE CASE
OF ELEVATOR 5 AND 7 SHAFTS FROM CONCRETE FACE TO
CONCRETE FACE
UNIT AH-# AND UNIT H-# DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
UNIT AH-#AND UNIT H-# ELEVATIONS ARE FROM FINISH
FLOORING TO UNFINISHED DRYWALL CEILING
FORMER UNIT C-2 DIMENSIONS ARE FROM UNFINISHED
DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE
FORMER UNIT C-2 ELEVATIONS ARE FROM FINISH FLOORING TO
BOTTOM OF ACOUSTIC TILE CEILING
UNIT C-3 DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE
UNIT C-3 ELEVATIONS ARE FROM FINISH FLOORING TO BOTTOM
OF CONCRETE CEILING
BUILDING TABLE
GCE - GENERAL COMMON ELEMENT •
LCE - LIMITED *ON ELEMENT
FF - FINISHED F*
BC - BOTTOM CONCRETE CEILING
CE - CEILING
AH-#- AFFORDABLE HOUSING UNIT
F-# -FRACTIONAL OWNERSHIP UNIT
H-# -HOTEL UNIT
C-# COMMERCIAL UNIT
P-# - PARKING UNIT
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING
UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS.
LCE TABLE
LCE F - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A F (FRACTIONAL)
LCE H - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A H (HOTEL)
LCE F,H - LCE PARTICULAR TO ALL UNITS DESIGNATED WITH A F,H (FRACTIONAL
AND HOTEL)
LCE C-#- LCE PARTICULAR TO DESIGNATED COMMERCIAL CONDOMINIUM UNIT
NUMBER
LCE F-#- LCE PARTICULAR TO DESIGNATED FRACTIONAL OWNERSHIP
CONDOMINIUM UNIT NUMBER
N14"53'50"E NORTH -SOUTH - INTERIOR WALL BEARING (TYP.)
875"06'10"E EAST -WEST - INTERIOR WALL BEARING (TYP.)
N14°53'50"E NORTH -SOUTH - EXTERIOR WALL BEARING (TYP.)
S75°06'10"E EAST -WEST- EXTERIOR WALL BEARING (TYP,)
M
k,
GCE
[TRASH]
[MECHANICAL
CHASE]
GCE
?AIR]
[DOC ... GC
VESTIBULE] '[ELEVATOR]
GCE
[DOCK
STORAGE] GCE
[ELEVATOR]
GCE
[ELEVATOR
LOBBY]
GCE
[ELEVATOR]'
� _ i GCE
GCE UNIT AH-2 UNIT AH-3 UNIT AH-4 UNIT AH-5 UNIT AH-6 UNIT AH-7 GCE UNIT AH-8 GCE [DOCK OFFICE]
[CORRIDOR] CORRIDOR] [JANITOR]
6i 1IIli
)=_
GCE• • GCE •
•
t LCE [F,H] ' [MAIN MECHANICAL [CORRIDOR] '
GCE [RECREATION ROOM] CHASE]
[ELECTRICAL]
GCE
9AIR]
GCE GCE •
[ELEVATOR] [CORRIDOR]
LCE F,H
[BOARD ROOM n
GCE BUSINESS CENTER]
[STAIR]
UNIT H-103 UNIT H-104 UNIT H-105 UNIT H-106 UNIT H-107
650 sq.R 445 sq.ft. 495 sq.ft. 548 sq.fL 524 sq,ft. GCE
7941.89 FF 7941.89 FF 7941.89 FF 7941.89 FF 7941.89 FF
[TOILETS]
GCE
[MECHANICAL CHASE] UNIT H-102
854 sq.ft. -
7941.89 FF
GCE
[CORRIDOR] GCE
[JANITOR]
GCE
[MECHANICAL]
GCE
[TOILETS)
GCE
UNIT H-101 GCE
444 sq.ft. GCE [SKI LOBBY]; LCE F, H
WE —I 7941.89 FF (FORMALLY UNIT C-2) [SKI CONCIERGE]
�'IIIIIL
I
GCE
[CORRIDOR]
GCE LCE F -
[VESTIBULE] [SKI LOCKERS]
UNIT H-100
564 sq.ft. GCE
MAP NOTES 794t.89FF
[STAIR]
GCE
1) ALL AREAS OUTSIDE THE INDIVIDUAL AIR SPACE CONDOMINIUM UNITS ARE GENERAL COMMON [TOILETSI LCE Cl
ELEMENTS (GCE) OF RESIDENCES AT THE LITTLE NELL UNLESS IDENTIFIED AS A LIMITED COMMON
ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL AIR SPACEaY A -„
UNITS. _
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
GCE
GCE [LOADING DOCK]
[WALKWAY]
UNIT AH-1 UNIT AH-2 UNIT AH-3 UNIT AH4 UNIT AH-5 UNIT AH-6 UNIT AH-7
491 sq.ft. 398 sq.fL 394 sq.ft. 397 sq.fL 409 sq.ft. 396 sq.fL 397 sqA
79489 FF 7941.89 FF 7941,89 FF 794L89 FF 7941.89 FF 7941.89 FF 7941.89 FF
I
I
I
I
SOPRIS ENGINEERING — LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
GCE [MECHANICAL]
J
— __ .. __ __ _[ __m -I
GCE
[PORTE COCHERE]
GRAPHIC SCALE
40
1
i 5 ,o zo
PLAN VIEW FIRST FLOOR
HORIZONTAL SCALE: 1' = 10'
( IN FEET )
1 inch = 10 ft.
[MECHANICAL]
I
I
I
I
I
MARKS. BECKLER, P.L.S. #28643
DATED .2016
CORNER 9, ASPEN TOWNSITE
FND CAP IN BRICK PAVER
LS #20151 RESET
BENCHMARK/UNIT TIE CORNER
ELEVATION = 7937.75
SHADING INDICATES AREAS NOT
AFFECTED BY THIS FIRST AMENDED
iCONDOMINIUM EXEMPTION MAP
sb 16116 2016-08-22 M:13600dwgs116l l61Condo116116-condo 1st Amend.dwg