HomeMy WebLinkAboutcoa.lu.co.411 S Aspen St Pines Lodge.A057-03
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER! APPLICANT
REPRESENTATIVE
DA TE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A057 -03
2735-13-104005
Pines Lodge Condominiumization
411 S Aspen
James Lindt
Condominiumization
Pines Lodge Development LLC
Leslie Lamont
11/7/03
Condo Plat Recorded
11/07/03
D Driscoll
RETAIN FOR PERMANeNT RECORD
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RETAIN FOR PERIIANENT RECORD
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MEMORANDUM
To:
Leslie Lamont
Date:
-------
James Lindt, Plann~ \.---
September 29,2003
From:
Re: Pines Lodge Condo Map- Community Development Department's
Comments
Please make the following changes to the draft condominium map:
1. Who does the access easement benefit on the basement level entering the LCE for
Unit 101? Please label the beneficiary of said easement on the plat.
2. Change City Engineer's signature block to be the Community Development
Engineer's signature block.
3. There is an unpaved portion of Durant Avenue along the new curb and gutter. As
a condition of recording this condominium plat, the owner must either pave the
unpaved portion by November 1, 2003 or provide the City with a financial
security equal to the cost of paving this area. The financial security can take the-
form of cash or a letter of credit The financial security will be returned after
asphalt pavement is installed and inspected by the City. (Engineering
Comment)
4. Obtain all signatures with the exception of the City Community Development
Director, Community Development Engineer, and Pitkin County Clerk and
Recorder prior to submitting 2 mylar copies to Community Development
Department. Recording fees are $11 for the first page and $10 for each
subsequent page to be recorded and payment by check should be made out to the
Pitkin County Clerk and Recorder.
JohnNiewoehner. 03:00 PM 09/29/2003 , Comments - Pines Lodge Condo Plat
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Page 1 of 1
X-Sender: johnn@comdev
X-Mailer: QUALCOMM WindowsEudora PrQ Version 4.2.2
Date: Mon, 29 Sep 2003 15:00:08 -0600
To: jamesl@ci.aspen.co.us
From: John Niewoehner <johnn@ci.aspen.co.us>
Subject: Comments - Pines Lodge Condo Plat
An additional comment: I
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*** There is an unpaved portion of! Jp.. Avenue along the new curb and gutter. As a condition of
recording this condominium plat, the owner must either pave the unpaved portion by November 1,2003
or provide the City with a financial security equal to the cost of paving this area. The financial security
can take the form of cash or a letter of credit. The financial security will be returned after asphalt
pavement is installed and inspected by the City.
- - John
John Niewoehner
Community Development Engineer
City of Aspen
130 S. Galena St.
Aspen CO 81611
920-5104
www.aspenpitkin.com
Printed for James Lindt <jamesl@ci.aspen.co.us>
09/29/2003
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Aspen Community
Development
Department
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To: Leslie Lamont From: James Lindt
Fax: Cf b3- ~ca&-y; Pages:
Phone: Date: 9/29/03
Re: Pines Lodge Condo Plat Comments CC:
o Urgent
o For Review
o Please Comment 0 Pleas"iteply
o Please Recycle
. Comments:
Hi Leslie,
Here are our condominium plat comments. Please make the requested amendments and submit 2
mylar copies for recording. The mylars should have signatures of everyone except the Community
Development Director, Community Development Engineer, and the Pitkin County Clerk and Recorder.
Please let me know if you have any questions.
Thanks, .
James
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The Pines Lodge Condominiumization
Application
August 2003
Submitted by:
Prepared by:
Mr. Richard A. Eddy
Pines Lodge Development, LLC
162 West Meadow Drive
Vail, Colorado 81657
(970)476-4863
Leslie Lamont, Otak Inc.
36 North 4th Street
Carbondale, CO 81623
(970)963-1971
Mark Beckler, Sopris Engineering
502 Main Street Suite A3
Carbondale, CO 81623
(970)704-0311
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Introduction:
The Pines Lodge located on the northwest comer of Durant Street and Aspen Street has
recently been remodeled. The new residential development contains nine dwelling units
and 15 bedrooms. Now that construction is nearing completion the owner seeks to
condominiumize the building creating nine dwelling units for individual sale.
The legal address and parcel identification number are as follows: 411 South Aspen
Street, Lots R & S in Block 70, City and Townsite of Aspen, Pitkin County Colorado -
Parcel ID 104005.
This application is submitted by Pines Lodge Development, LLC represented by Mr.
Richard A. Eddy, 162 West Meadow Drive, Vail, Colorado 81657 - (970) 476-4863.
The applicant's representatives are Leslie Lamont, Otak Inc. and Douglas Tisdale,
Tisdale & Associates, LLC. Please refer to Exhibit B for authorization of representation.
Project Site:
The property is zoned Lodge/Tourist Residential (L TR). The Pines Lodge site is 6,006
square feet. The floor area, as calculated by the City of Aspen, is 5,967 square feet. The
total square footage of the nine dwelling units is approximately 8,300 square feet. The
building contains six two-bedroom dwelling units and three studio dwelling units.
The previous residential use of the property was non-conforming with respect to parking
as well as other dimensional requirements of the L TR Zone District. The non-
conformities are allowed to be reconstructed as long as the non-conforming status was
not increased and "all new floor area is constructed within the appropriate dimensional
requirements for the L TR Zone District." Please refer to Exhibit F for Community
Development Department correspondence regarding non-conformity issues including
housing mitigation.
Section 26.480.090 Condominiumization:
Pursuant to Section 26.480.090 B.l.b. Condominium Subdivision Plat: the applicant
submits a condominium subdivision plat for review and approval by the City of Aspen,
Director of Community Development.
The plat and this application attempt to address all the issues and concerns that may arise
with the review of the application. However, further questions may arise that this
application does not address. Additional information may be provided in the course of
review of this application.
Pursuant to Section 26.480.090.B.3. Subdivision Agreement: Non-applicable.
Pursuant to Section 26.480.090.B.4. Minimum Lease Deed Restriction: Non-applicable.
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EXHIBITS
A. Pre-Application Conference Summary
B. Authorization to Represent
C. Disclosure of Ownership
D. Vicinity Map
E. Site Plan
F. City of Aspen Correspondence & Zoning Checklist
G. Draft Plat
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EXH I BIT~
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENT A TNE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
James Lindt, 920.5095 DATE: 5/22/03
Pines Lodge Condominiumization
Leslie Lamont
Pines Lodge Development LLC
Subdivision exemption for Condominiumization
Condominiumization of the remodeled Pines Lodge Multi-family Complex.
land Use Code Section(s)
26.480.090 Condominiumization
26.304 Development Review Procedures
Review by:
Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
No.
Engineering
Planning Flat Fee $290
Engineering $185
$475
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
RETAIN FOR PERIIANENT RECORD
1.
2.
3.
Total deposit for review of the application.
Proof of ownership.
Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name,
address and telephone number of the representative. Include street address and legal description of the property.
Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of
the Land Use Code sections listed above.
An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
Old (existing) plat if one exists.
Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080
Copies of prior approvals (from City Clerk)
2 Copies of the complete application packet (items 2-8)
4.
5.
6.
7.
8.
9.
Process:
Apply. Planner reviews case for completeness and sends plat to the Community Development Engineer and other refeITal
agencies. The planner will then contact applicant with the suggestions from Engineering for preparation of the Final Plat.
The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews
plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies
application based on consistency with the review criteria and technical considerations. Plat is then signed by Community
Development Engineer. Applicant records the final plat at the County Clerk and Recorder (Fee is $11 for the first page
and $10 for each subsequent page).
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 mayor may not be accurate. The summary does not create a legal
or vested right.
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EXH I BI-r'\B
TO: James Lindt
Community Development Department
City of Aspen
Re: Pines Lodge Condominiumization
In conjunction with the Pines Lodge Condominiumization land use application, Leslie Lamont and Douglas Tisdale
will act as authorized representatives on behalf of my properties and my interests.
Mr. Douglas M. Tisdale Esq.
Tisdale & Associates LLC
1600 Broadway, Suite 2600
Denver. CO 80202 -4989
303-832-1800
doug@tisdalelaw.com
Leslie Lamont. Senior Planner
Otak Inc.
36 Nth 41h Street
Carbondale, CO
970-963-1971
L~1l~.1.1m.Qnt@Qtak.com _ -.
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EXHIBIT C
AnJericau Lal\d Title ASlSociation Conunitment _ Modified 3nS
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
Order N.umber: 41632
STEW ART TItLE GUARANTY COMPANY, a Texas Corporation, herein called the Company, for
valuable consideration, hereby Commits to issue its polioy 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 pa}ment of the
premiums and cbarges therefore; all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Conunitment shall be effective only when the identity of the proposed Insured and the amount of the
policy Or policies romnritted for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment Or by subsequent endorsement.
The Commitment is preliminary to the issuance of such pohey or policies of title insurance and all
liability and obligations hereunder shall cense and tem1inate six months after the effective. date hereof or
when the policy or policies committed for shalL issue, whichever f'rrst occurs, provided that the failure to
issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be vali4 or binding until it bears an
authorized Countersignature.
IN WITNESS WHEREOf, Stewart Title Guaranty Company has caused its corporate name and ~eal to
be hereunto affixed by its duly authQdzed officers On the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
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Authorized Countersignature
Stewart Title of A.spen, Inc.
620 13l1st Hopkins Avenue
Asp~, CO 8161 I
(970) 925-3577
Order Nllmber: 4 J 632
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1, Effective Date: at 7:30 a.m.
2. Policy or Policies To Be Issued:
Order Number: 41632
( ) ALTA (1992) Owner's Policy
( ) Standard ( ) Extended
Amount:
Premium:
Proposed Insured: To Be Detenltined
( )A1~TA 1992 Loan Policy
( ) Standard ( ) Extended
Amount:
Premium:
3. The estate or interest hi the land described or referred to in this Commitment and covered l1~rein is:
Fee Simple
4. Title tu the estate Or interest in said IlInd is at the effective date hcr-tofvested in:
PINES LODGE DEVELOPMENT, LLC
5. The land referred to in this CODllDitment is described as follows.
Lots R. and S, Block 70
CITY AND TOWNSITE OF ASPEN, AND
Lots 8 and 9, Block 2
EAMES ADDITION TO iHE CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
Statement of Charges
Policy premiums sbown above, and
any charges shown below are due and
payable before a policy can be issued.
ExamiDtr Name:
Reissue Rate
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SCHEDULE B - Section 1
REQUIREMENTS
Order Number: 41632
The following are tbe requirements to be complied with:
nelD (a) Payment to or for the account oCttle grantors or mortgagors of the full consideration for
the estate or ihterest 10 be insllred.
Item (b) Proper- instrubleat{s) creating the estate or Interest to be inS1!red DlQst be executed and
duly filed Jor recOrd, to wit:
1. Release of Deed of Trust dated AprilS, 2002, executed by Pines Lodge Development, LtC to the
Public Trustee of Pitkin County, to secure an indebtedness of $3,837,000.00, in favor of WestS tar
Bank, recorded April 10, 2002 as Reception No. 466120.
NOTE; Disburser's Notice recorded April 10, 2002 as Reception No, 466121 given in connection
with the above Deed of Trust.
2. Tennination Statement for Financing Statement, from Pines Lodge Development, LtC, Debtor(s), to
WestStar B ank, Secured:P arty, filed A prill 9, 2002 as R eccptiofl No.4 66402, giving notice 0 fa
security interest pursuant to the Unifonn Commercial Code.
3. The following is rt!quired with respect to Pines Lodge Development, LLC, a ... Limited Liability
Company~
a. Satisfactory evidence furnished by the Secretary of Stnte in which Articles were filed, confumillg
that said Limited Liability Company is in good standing. (i.e., Certificate of Good Standing, Or copy
of Articles of Organization bearing file stalnp from the Secretary of State.)
b. Copy of the Articles of Organization of said Limited Liability Company.
c. Copy of the Operating Agreement of said Limited Liability Company.
NOTE: If any Managers are themselves partnerships trusts. limited liability companies or
corporations, additional requirements will be necessary,
4. Deed from 'Vested owner, vesting fee Simple title in purchaser(s),
5. Evidence satisfactory to Stewart Title GUar&nly COmpany, furnished by the Office of the Director of
Finance, City of Aspen, that the follOwing taxes have been paid, Or that conveyance is exempt from
said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2)
The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
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6. A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Section 1445 of the
Internal Revenue Code AL'ID
B, Satisfactory evidence of the sellcr(s) Colorado residency (or incorporation) pursuant to Colorado
House Bi1l92-1270.
NOTE: Section 1445 of the Intemal Revenue Code requires withholding of tax ftom sales proceeds
if the transferor (seller) is iI foreign person or entity. Colorado ROllse Bill 92-1270 may require
withholding of tax from sales proceeds if the seller(s) is not a Colon,do resident. Detailed
information and Forms are available from Stewart Title.
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SCHEDULE B - Section 2
EXCEPTIONS
Order Number: 41632
The policy or policies to be issued will contain exceptions to the fonowing Unless th.e same
are disposed of to the satisfaction of the Company:
1. R.ights or claims of panies in possession, 110t shown by the public records.
2. Easements, 01' claims of easements, not shown by the public records.
3. Discrepancies, conflicts ill boundary lines, Shortage in art'd, encroachments, and 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 senrices, labor or material heretofore or herea~r 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 dIe
public records or attaching subsequent to the effective date hereof, but prior to the date the proposed
insllred acquires of record for value the estate Or interest or mortgage thereon Covered by this
commitment
6. Unpatented mining clairns; reservations or exceptions in patents, or an act authorizing the issuance
thereof; Water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any lO'U'edeemed tax sales.
The effect of inclusions in any general or sp~ific water conservancy, iire protection, soil
conservation or other district or inclusion many water service or street improvement area.
8. Exceptions and reservations as set forth in the Act authorizing lhe issuance of the Patent for the City
and ToWlLSite of ASpen recorded March 1, 1897 in Book 139 at Page 216 all Reception No, 60156.
9. R.igbt of the proprietor of 11 vein or Jode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded in Book J 87 at Page 298.
10. Reservations and exceptions set forth in Deed recorded in Book 59 at Page 97.
11. Encroachment of deck outside of wcstcdy bouoo..y line, as shown on ,"rvey by Aspen Survey
El1gineers, Job No. 16329, updated January 12, 1998.
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12. Rights of Ricbard A. Eddy and/or assigns and tenns and conditions as set forth in Contracts To Buy
and Sell Real Estate dated November 6~ 1997, recorded May 22, 1998 as Reception No. 417215, and
recorded September 15, 1998 as Reception No. 421921.
13. Tenns and conditions as set forth in Findings of Fact, Conclusions Qftaw and Order recorded May
30,2000 as Reception No. 443730.
14. Tenus and conditions of Notice of Appeal of Defendants recorded June 27,2000 as Re<:eption No.
444580.
15. Encroachments, possessory rights and aU matters as shown on Site/Improvement Survey of subject
propertyprepnred by Aspen Survey Engineers, Inc. AS lob No. 16329 recorded July 19,2000 in Plat
Book 54 at Page 9 as Reception No. 445209.
NOTE: Colorado Division oflnsurance Regulations 3-$-1, Paragraph C of Article VlIrequires that
"Every title entity sllall be responsible for all matters which appear of record prior to the time of
recording whenever the title entity conducts the Closing and is responsible for recordiDg or filing of
legal documents resulting from the transaction which WBS closed." Provided that Stewart Title of
Aspen, Inc. conducts the closing of the insured transactlQn and is responsible forrccording the legal
documents from the transaction, exception number S will not appear on the Owner's Title Policy
and the Lender's Policy when issu~d.
NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth
in the ALTA 1992 Policy fonn. Copies of the 1992 foml Policy Jacket, setting forth said terms,
conditions and exclusions, will be made available upon request.
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DISCLOSURES
Pursuant to C.R.S. 10-11-122. notice is hereby given that:
A. The subject real property may be located in a Special Taxinlit District;
.
B. A C....ificate of Taxes due listing each tuiQg jurisdiction sball be obtained fonn !he County T ",surer or lhc County
Treasurer's authorized agent;
C. Information r<ga<djng Special Districts .and ~he boundaries of s uch d istri,ls may he 0 btained from t hell 0IU1I 0 f
COl.U1ty Conunissioners, the County Clerk and Recorder, or the COWlty Assessor.
Note: Colorado D;vision of lnstoranee il<:gulations 3-5-1, Paragrapb C of Artie.e vn requires lhat "E""'Y title entity
slan be responsibIe for an matters wbicb appear of record prior ., the time of recording whenever !he title entity
conducts the closing and is responsible for recording or filing of legaJ documents resulting from the transaction
which "-'as clOsed.... Provided that Stewan Title of Aspen, Inc. conducts the closing of the Insured b"ansaction and
is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affumative Mechanic's Lien Pro""on for !he OWner may be avaihble (typically hy deletion of E<Deplion No. .
of Schedule B, Section 2 of the Commitment fonn the Owner's Policy to be issued) upon cOInpliance with the
follOwing conditions:
A. The land described in Schedule A of this commitment must be a single family residence, which includes a
c:olldorninium ()r townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for PUl'poses of construction On the
land described in Schedule A ofthis Comrnibnent within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against tm.filed mechanic's
and materialmen's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertnken on the property to be purchased,
within six months prior to the Date of Commitn1ent, the requirements to obtain Coverage for unrecorded
liens wiH include; disclosure of certain construction infonnation; fmancial infonnation as to the seUer. the
builder and/or the contractor; payment of" the appropriate premium; fully executed Indemnity agreements
satisfactory to the company; and, any additional requirements as may be necessary after an examination of
the aforesaid information by the Company.
No co"=ge will be gi- under any eircumslllnces for labor or .....rial for whJch the inSUred has co.trn"ed for or
agreed to pay.
NOTlllNG IIltREIN CONTAINEn WnL BE DEI<M.ED TO OBLIGATE tIlE COMPANY TO PROVDE ANY
OF TIlE COVERAGES REFERaED TO HEREIN UNLESS THE ABOVE CONDmONS ARE FULLY
SATISFIED.
f'U.. Number: 41632
Slcwnn Ti!l~ of 1\ $p<.'r. , IlIc.
DiscJos\Jl'e1
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PRIVACY POLICY NOTICE
PURPOSEOFTHffiNOTlCE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any fmancial institution) directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it coUects about you and dle categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifies YOLl of the privacy policies and Pra<:tices of Stewart l1tle of Aspeu, IQc..
We may collect nonpublic personal information about you front the following sources:
· fnfonnation we receive from you, such as on applications or other forms.
· lnfonnation about your transactions we secure .from our files, Or from our affiliates or others.
· Infonnation we receive from 8 consumer reporting agency.
· Infonnation that we receive {rom others involved in your transaction, .such as the real estate
agent or lender.
Unless it is Specifically stated otherwise in an amended PriVRCY Pohey Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or fonner
Customers to our affiliates Or to nonaffiliated third parties as pennitted by law.
We also may disclose this infonnation about Ollr customers or fomlcr customen: to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom We have
joint marketing agreements:
· Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
· Non-fmancial Companies SUch as envelope stuffers and other fulfiUmel1t service providefs.
WE DO NOT DISCLOSE ANY NONPUBUC PERSONAL INFORMATION ABOUT YOU WITH
ANYO?\1E FOR ANY PURPOSE THAT IS NOT SPECIFIC ALL Y PE&\1mED BY LAW.
We restrict access to nonpublic personal information about YOlt to tho6e employees who need to know
that infonnation in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpubhc personal
information.
File NURlber: 41632
Scewan Tide (1( A~pcn, Inc.
rriv~ !'oliel" Nutice
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PRIVACY POLICY NOTICE
PURPOSE OF Tms NOnCE
Title V of the Grarnm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly
Or through its affiliates, from sharing nonpubIio personal information about you with a nonaffiliated
third party unless the institution provides you wttI1 a notice of its privacy policies and practices, such
as the type of infonnation that it collects about you and the categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifiea you of the privacy policies and practices of Stewart Tide Guarauty Company.
We tnay collect nonpublic personal information about you from the fallowing sources:
· Information we receive from you, such as on applications or other fanna.
" Information about your transactions wo secure from our files, or from our affiliates or others.
" Information we receive: from a consumer reporting agency.
" Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated othenvise in an amended Privacy Policy Notice, no additional
nonpubIic personal information will be collected about you.
We may disclose any of the above infonnation that we collect aboLlt our customers or fonner
customers to our affiliates Or to nonaffiliated third panies as pennitted by law.
We also may disclose this infonnation about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on Our behalf Or with whom we have
joint marketing agreements:
· Financial service providers such as companies engaged in banlcing, consumer finance,
securities and insurance.
" Non...financial comp31lies such as envelope stuffers and other fulfillment service providers.
WE 00 NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMATION .ABOUT YOU WITH
ANYONE FOR ANY PURPOSE TIlAT IS NOT SPECIFICALLY P:f::lWfITED BY LAW.
We restrict access to Ilonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard YOlll' nonpubHc personal
infonuation.
F'ftcNum"er: 41632
Sro""',t Title Cll'^~JlCl\, me.
PriVMCy Policy NOlice
Page l of I
-ll/Ol 'd'-lL89'ON- - - -
N3dSV 31111 1MVM31S
WdOO:t: EOOl 'O€ 'lnr
r".
RESIDENTIAL DESIGN STANDARDS
ZONING REVIEW CHECI(LIST
SITE DESIGN
Building Orientation:
Build-to- Lines:
Fence:
BUILDING FORM
Secondary Mass:
PARKING, GARAGES & CARPORTS
Access (Le. alley):
Garage width:
Garage location:
Driveway cut:
Entrance width:
Single stall doors?
BUILDING ELEMENTS
Windows:
Door:
Porch:
Principal window:
One story element:
Lightwells:
CONTEXT
Materials:
Inflection:
ADDITIONAL NOTES:
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ZONING CHECKLIST
~Q.i/}-.. ~C() ~ .
Permit# 0-308-~o 0 0
Phone # 9.::L ~ .. "3 2f4<-j
Owner's Name
Contact Person
Address
Legal Description
Zone District ).. 7~
PLANNING APPROVALS:
HPC:
Design Review:
Stream Margin:
GMQS:
Bd of Adjustment:
Certified Survey: ~./ ::;; =i/ ~
RESOLUTION/ORDINA1~CE #: . ') /;; :3 I"'C :"C)
Conditional Use:
8040 Greenline:
View Plane:
Special Review:
ADU Deed Restriction: Reception #
Tree Permit: y.L.'5 - . rtlCf 1 ~
,
cfb/'t,~
-'emolitionlRelocation
o Single-Family 0 Duplex
~ M~lti-Family - # of units
{POO&
TYPE OF WORK:
.. New Construction
LOT SIZE:
~ Remodel/Addition
o Accessory Structure 0 Commercial
o Employee Housing - # ofuriits
LOT AREA:
i SETBACKS:
ront
Side
Rear
Combined Front/Rear
Distance btw buildings
Comer Lot: .52-7
Allowed (Principal/Accessory)
Jo
10
-.......
-...."
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Proposed (Principal! Accessory)
9 '
, . ';'""- ) d-:::5
roposed;::> ~~ ~~_
Allowed: (~CD ~ Proposed: 51'0,+
Stgrade ~'-f. D.' Decks 9~
Existing: n~ ~_ Proposed: h;/ C-R...
Required: c::::l. 5"0/0::: J 50 1 ts1. Proposed: . ,(' (?' D' " d 5 ~/t.-_7
Existing: I -'5 Proposed: 1 5
Allowed: OJ /0.-., Proposed: h / 0.....
,
RequiredbtJ;n- L?J;r-:,;:" ~ sP6-~Proposed: ~
Allowed:
d-.B')
;, HEIGHT (Principal/Accessory):
~ FLOOR AREA:
-Exempt Space (s.[,):
Garage ---..
NET LEASABLE SF:
...oPEN SPACE %:
-:BEDROOMS:
SITE COVERAGE:
ON-SITE PARKING:
FEES:
ADU
--.....
'7006{
f7-r 0;;'\ .
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Park Dedication: ~
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Cash-in-Lieu:
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Ig 07 03 01:41p
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p. 11
R.eport D4te: &712512003 04:11PM
PITKIN COlJNn TRE;\SUIU:R
CERTIFICATE Oli' TAXEs D~
ORDB~ NO: 41632
VENDOR. NO; 203
STEwART TITl..E Of' ASPEN, INe
620 BAST HOPKINS A VB
Pag-el J
CE.R,'l"11: 200329GO
SCliBDULS NO; ROO 1138
^.SSESSED TO:
PINES LODGE DBVELOPMaNT LLC
960 E DURANT A VB #1
273513104005 srrus ADD: 4118 ASPEN S1" ASPEN
CIlARcE TAX_OUNT "'l'EREs't ~ PAID TOT.u.DlIE
TAJ( ','61." ~OO 0.00 ""I~' 0.00
TOTA.LTAXEs ....
--- -- -- --- - - - - - -- --- - -- -- --.--- --.
GR.4,Nl) TOTAL DUE GOOD l'HROUGlI 07125i2003 0.00
OtUGJNAL TAX BILLING FOR .200~ TAX DISTRICT CHlI -1-4,)'8
;\lIthority MiJllel'Y Amount
CITY OF ASPEN 5.442 891.24
FITKlN COUl\iTY 2954 483. n
OPEN SPACE & TRALLS 3.773 6 t 7.90
^SPEN FlRE P.ROTECllON 0.880 144.12
ASPEN SANITATION DIS'tRIcr 0.213 34.88
ASPEN SCHOOL DrSTlucT 8,926 1.% 1.81
COLOnADO MTN COLLEGE 3.997 6S4.59
COLORADoR!VER WA11lRCONS 0.255 41.16
ASPEN VA!LBYFIOSPJTAL 1.500 245.65
ASPEN AMBULA.NeGDISTRrcT 0.209 34.23
PITIClN COUNTY LIBRARy 1.072 J75.56
HUMAN SVe &: alliER GRANTS 0.463 75.83
ASpeN, co 816/ 1
t.ECAL DESC.Il(PTtONI
8lJll,....... ADDmClN BLI<a LOU Il wr,. SUO,CIl'Y ANo T'oWNsrrE OF ASPEN SLlOO Ul't,R
& LOT:s
PARCEL:
TAX YEAR.
2002
ASPEN. CO 8l6ll
Values
RESIDENTIAL
Aetllal
1,789,900
A511essed
163,770
'fOT AL
---..--- ----------
1,789,900
163,710
TAXBS FOR 2002
....-..--- ------..--.
29.684
4,861.34
- - - - - - -- - -'- - - - - - - - - - - - - - - - - - - - - --
>l:E "'a 'l'BJsCEltnPlCATE 10.00 .
ALL TAX LIEN SAu ",",0""", ARESUlUEcr 10 "IANG.E DUll 10 """""'_ OF CUllIU!>n' TA>Es ""THE JJaorol.DEJt
00 10 """"'lJSlNG -llI5mAJNTW......,. FEEs- ~... y """""_ "'" 1l\l!A_ Pfl'Jc. WIll NEED TO D'
CONTAC'llID '1lI0' 10 -'rr""", ^"'"" TIlt FOUo"",,, DA....., 'llllSoNAt. ',",'ERTY AND Mo9lU!_ _ S........... I.
IlllAL PI1o.ER,'Y . SllPT....... I. TAXl.1EN SALU.D-..... AMO""""...,..,... PAl9 Dy CASH OR c.wu... ClIta<
"'EctAL TAX""" DIS-" A"" "'" "0'.",,_ ., SlJCli "1S'ntICTS... Y DE "'" FlU wrr. _ "OAllD 0. COlJNTy
COMMISSIONBRs, maCOONrY CLBJU<, o~ nm COUNT'( ASSBSSOR
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''''''' ""<< .... "" '"''- M """ of _~,;"". -'>, ~ ...,__'..... ...__"
/llobiIe homes, ulllu. specifically ItJClUioned.
l'REASU<<ER, PJ'tKlN COUNTY, , BY
sa6 E. Maw St. _ Ste 201
Aspen, Co BUilt
(970) 9lO-SI70
-- -(l/ll 'r -lLag 'ON- - - _ _ _. _
N3dS~ 311I1 1HVM31S
VidGO:f fOOl 'Of '10r
EXHIBI(S" D
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This mapldraroingllmage is a graphical representation
of the fealures depicted and is nct a leg al
representation. The accura~ may change
dep end ing 0 n III e en larg eme nt 0 r redu ofi on.
Copyright 2003 City of Aspen/Pitkin County
-
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EXHIBIT F\
PLOCK
70
SANITARY IIANHOLE,
(S)
ALLey
G'Ii'''I1:(
DURANT
EXHIB;~ F
February 13, 1998
David Johnston
David Johnston Architects, PC
418 E~t Cooper Avenue
Suit 208 B
Aspen, CO 81611
.
ASPEN' PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
..
Re: The Pines Lodge
Dear Mr. Johnston:
Considering the information provided in our February 10, 1998, meeting, your.proposed
development program appears to be in compliance with Growth Management, Title 20,
the Lodge/Tourist Residential (L TR) Zone District, and the non-conforming structure
sections of the Land Use Code.
According to your representation, the existing structure contains 11 residential units, 2 of
which may not be legal units as defmed in our land use code. Therefore, the structure
legally contains 9 residential units. Based on the lot area of the prop'erty, the existing
structure is non-conforming with the L TR Zone District .due to the number of bedrooms.
There also appears to be a few setback non-conformities. These non-conformities may be
reconstructed as long as there is no increase in the non-conforming status and all new
floor area is constructed within the appropriate dimensional requirements for the L TR
Zone District.
The Planning Department's main concern regarding your development program is the
extent of demolition. As you are aware, this structure is considered resident multi-family
housing. Title 20 requi~es fifty percent of the floor area and number of bedrooms be
reconstructed on-site and deed restricted to affordable housing guidelines following
demolition. Demolition occurs when less than 50% of a residential. structure remains in
place or when a unit within a multi-family building is removed. As discussed in our
meeting, if your intent is to avoid the replacement mitigation related to Title 20, the
. existing number of residential units must be maintained and most of the exterior walls of
the building would need to remain in place. Y our'exact plans for meeting this
requirement must explicitly show how you intend to meet this 50% demolition threshold.
In the altemati ve, you may want to consider a wholesale demolition and new
construction. As you expressed, the existing structure may be structurally deficient. The
number of units and dimensional non-conformities could be maintained as long as a
building permit is issued within one year of demolition. Under this scenario, Title 20
requirement for de.ed restricted replacement housing would have to be met. Meeting
130 SoVTH GAI.ENA STREET. ASPEN, COWRAOO 8]611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed 00 RecyciL>d Pape.
~
these requirements, however, may be more cost effective than the additional costs of
construction with a substandard structure.
I hope this letter accurately summarizes our discussion and clarifies the planning
requirements for redevelopment of the Pines Lodge. Please contact me or my
Department if you have further questions.
~YOr;w
Christopher Bendon, Planner
City of Aspen
~
March 10, 1998
David Johnston
David Johnston Architects, PC
418 East Cooper Avenue
Suit 208 B
Aspen, CO 81611
..
ASPEN . PITKIN
Re: The Pines Lodge
COMMUNITY D..VF.I.OI'I.IENT DEPAlll"MF.NT
Dear Mr. Johnston:
In response to your March 4, 1998, letter in which you request an interpretation of .
Demolition as defined in the land use code with respect to the Pines Lodge and the
requirements of Title 20, I offer the following comments and suggestions:
1: Your develo ment ro osal to demolish th 49% of the existin exterior walls
of the three level buildin~, as depicted in the drawings attached to your letter, avoids the .
.' hOusing replacement requirements of Title 20. .
As you express in yoUr letter, your honest intent is to perform the construction without
breaching the 50% demolition threshold. Your good faith effort to retain more than 50%
of the structure in place should include full understanding of the structural capabilities of
the building, the elements of the building which must be replaced for safety reasons, and
of the construction process. This may require the professional services of a structural
engineer in cooperation with the builder.
If this reconnaissance phase is done correctly, any demolition beyond the 50% threshold
: should be truly unforeseen and, therefore, not engaging the requirements of Title 20.
Demolition beyond this established threshold which could have been reasonably
expected, however, will initiate the ho~ing replacement requirements of Title 20. This
responsibility lies e?tirely with the owner. .
I hope the letter serves to clarify the definition of demOlition and provides an
understanding of the City's land use regulations. Please contact.me or my Department if
you have further questions.
Stan lauson, ASLA, AICP
Community Development Director
City of Aspen
""'"'~"---'-~-'-'---___T~____' ."_._..";.......~~
Very truly .Q..urs,
.' .-.-->-
c_
cc: John Worcester, City Attorney
....-----...-......- -,,- --~-_._._..-.~-_.._-" ----_. ..--..-----*-----. -""'_.----..;.;;.~~
130 SOUlH GAI.ENASTREET . AsI'F.N, COl.oRMlO 81611-1975 . PHONE970.920.5090 . FAX 970.920.5439
PrinlM on R<'C}'ded 1'1"''''
524722
Page: 1 of 5
06/01/2006 09.221
JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 0.00
FIRST AMENDMENT
to the
CONDOMINIUM DECLARATION
For
PINES LODGE, a Condominium,
Recorded November 7, 2003 as Reception No. 490891
Pitkin County, Colorado
THIS FIRST AMENDMENT TO THE CONDOMINIUM DELCARATION FOR PINES
LODGE, A CONDOMINIUM, is made on the date hereinafter set forth by the Declarant.
RECITALS:
A. On November 7, 2003, Declarant, Pines Lodge Development, LLC, a Colorado
limited liability company, recorded that certain Condominium Declaration for Pines Lodge, a
Condominium, at Reception 4490891 in the records of the Office of the Clerk and Recorder,
County of Pitkin, State of Colorado ("Declaration"), and that certain Condominium Exemption
Map for Pines Lodge, a Condominium, at Reception#490892 in the records of the Office of the
Clerk and Recorder, County of Pitkin, State of Colorado, subjecting the real estate described
therein to the terms and conditions set forth in the Declaration and in such map.
B. Declarant desires to amend certain provisions of the Declaration by virtue of this
First Amendment to the Condominium Declaration for Pines Lodlge, a Condominium ("First
Amendment"), and intends, upon the recording of this First Amendment, that to the extent of the
amendments set forth herein, the provisions of previously recorded Declaration and Original
Map, shall be superseded and replaced. In case of a conflict between this First Amendment and
the Declaration, this Amendment shall control. References to the Declaration shall hereafter
refer to the Declaration as amended by this First Amendment. All terms not otherwise defined
herein shall have the same meaning as in the Declaration.
C. In accordance with the Colorado Common Interest Ownership Act, as set forth in
Article 33.3, Title 38, Colorado Revised Statutes, as amended and supplemented from time to
time (the "Act"), including, inter alia, Colo. Rev. Stat. §§38-33.3-205(l)(h), 38-33.3-208(1) and
38-33.3-210(1), and the Declaration, including, inter alia, Sections 3.3 and 16.2 of the
Declaration, Declarant hereby certifies that the Declarant has the authority to amend, and hereby
w
524722
l Page: 2 of 5
06/01,2006 09:221
JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 0.00
amends,the Declaration to add the following Article 20 and Sections 20.1 and 20.2 thereof, the
same to be placed immediately after Section 19.13 (currently the last section of Article 19).
NOW, THEREFORE, the Declaration is hereby amended as set forth in this First
Amendment.
Aritcle 20.
ENACTED AMENDMENTS
20.1 First Amended Map
The Condominium Exemption Map of the Pines Lodge Condominiums (the "Original
Map")that was recorded in the records of Pitkin County, Colorado of Pitkin County, Colorado,
on November 7, 2003, as Reception No. 490892, is hereby replaced for all purposes and in all
respects with the First Amended Condominium Exemption Map of the Pines Lodge
Condominiums (the "First Amended Map") that is recorded contemporaneously herewith and
incorporated herein by this reference.
20.2 Amended Exhibit B
Exhibit B to the Declaration ("Allocation of Ownership Interests and Responsibility for
Common Expense") is hereby replaced for all purposes and in all respects with the Amended
Exhibit B that is attached hereto.
Explanatory Note for Amendments Effectuated by New Sections 20.1 and 20.2
First Amended Map
The Original Map erroneously identifies as General Common Elements portions of the
Condominium that should be designated as Limited Common Elements and Declarant has made
certain additional improvements to the Condominium that the Original Map does not reflect.
These amendments, and the First Amended Map, are created and recorded in order to correct and
address these matters.
The Declaration reserves to Declarant the right"to amend the Map to conform it to the
actual location of any improvements constructed, installed or erected on the Real Estate or to
designate as Limited Common Elements any General Common Elements that were erroneously
identified as General Common Elements on the Map, or to reflect Declarant's exercise of its
development and other Special Declarant Rights expressly reserved in this Declaration."
Declaration, § 3.3. The Declaration also reserves to Declarant the power to record, without the
approval or consent of any Owner, First Mortgagee, or any other person or entity, technical
amendments to this Declaration, the Map, Articles of Incorporation and/or Bylaws of the
Association, at any time prior to the conveyance of the last Unit by Declarant to the first Owner
thereof(other than Declarant) . . . as may otherwise be necessary to clarify the meaning, scope
and application of any provisions of this Declaration." Declaration, § 16.2.
—2—
524722
Page: 3 of 5
JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 6/®1p20.00 09:2 21
The First Amended Map is recorded to comply with the Declaration and the Act and to
ensure that the Map accurately reflects all improvements to the Condominiums and properly
identifies and allocates as Limited Common Elements to particular Units certain areas that the
Original Map erroneously identified as General Common Elements. The First Amended Map
reflects the following changes from the Original Condominium Map:
1. The stairs leading to Unit 301, the landing at the top of these stairs, the landing at the
bottom of these stairs, and the closet on the landing on the bottom of these stairs
(including the landing immediately outside of this closet) have been allocated to Unit
301 as a Limited Common Element. The storage space under these stairs has been
allocated to Unit 301 and Unit 201 together as a Limited Common Element.
2. The Amended Map now depicts a deck of approximately ninety-eight (98) square feet
that was constructed adjacent to Units 301 and 302, and shows that approximately
eleven(11) square feet of this deck has been allocated to Unit 301 as a Limited
Common Element and the remaining deck area of approximately eighty-seven (87)
square feet has been allocated to Unit 302 as a Limited Common Element.
3. The Amended Map now depicts the separate attic spaces that exist above Unit 301
and Unit 302, and shows that Unit 301 and Unit 302 include the attic space that is
above each unit.
4. The patio that was previously allocated as a Limited Common Element to Unit 101
has been divided to reflect the construction of a hot tub on this patio that is a General
Common Element, and to depict a thirty-six inch (36") walkway that provides access
to a ski storage locker, which is a New General Common Element that the Original
Map does not depict. The remaining patio that is adjacent to Unit 101, up to and
including the privacy wall that surrounds the hot tub, remains a Limited Common
Element for Unit 101. The Amended Map depicts the ski storage locker, the walkway
to this locker and the hot tub and the patio area that surrounds the hot tub (the area on
the other side of the privacy wall that delimits the boundary of the patio area that is
allocated as a Limited Common Element to Unit 10 1) as General Common Elements.
This change requires the consent of the owner of Unit 101 because this change
involves the reallocation of a Limited Common Element from Unit 101. Colo. Rev.
Stat. § 38-33.3-208(1). As the owner of Unit 101, Declarant's signature below
acknowledges its consent to this change.
Technical Amendment to Exhibit B of the Declaration
Exhibit B to the Declaration lists the undivided ownership interest in the Common
Elements and the percentage of Common Expenses for which each Unit is responsible. The
Units listed and these percentages remain unchanged. The only change that the replacement
Exhibit B makes to the original Exhibit B is to additionally identify each Unit by its
corresponding street address. Section 16.2 of the Declaration authorizes Declarant to record,
"without the approval or consent of any Owner, First Mortgagee, or any other person or entity,
—3 —
technical amendments to this Declaration . . . to clarify the meaning, scope and application of
any provisions of this Declaration."
NOTICE REGARDING ANY CHALLENGE TO THIS FIRST AMENDMENT.
All challenges to the validity of this First Amendment must be made within one (1) year after the
date of recording of this First Amendment, consistent with Section 217(2) of the Act.
IN WITNESS WHEREOF, the undersigned, being the Declarant, hereby certifies that it
has the full authority and right to make this First Amendment pursuant to the provisions of the
Act.
THIS FIRST AMENDMENT is executed this �30-'27' day of May 2006.
DECLARANT:
Pines Lod LLC
By: Larry A. Dorn, as Attorney-in-Fact for
Richard A. Eddy,
i
STATE OF COLORADO )
ss.
COUNTY OF l�sr.� ) '�y' '®G�L�C'•'�o�
The foregoing Amendment was acknowledg bfa� Q this 3o day of
by Larry A. Dorn, as Attorney-in-Fact forihard A. Eddy,the Manager of
Pines Lodge Development, LLC.
Witness my hand and official seal.
My commission expires:
...w.......... ,•AKMp1 '4FdYY' '!F�+ury a. ... ,
My commission expires December 10,2008 *otarli
524722
Page: 4 of s
JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 06/01/2005 0000 g z2l
—4—
AMENDED
Exhibit B to
Declaration of Condominium of Pines Lodge, a Condominium
Allocation of Ownership Interests and Responsibility for Common Expense
The following table sets forth the undivided ownership interests in the common elements
that are allocated to and appurtenant to each Unit as well as the percentage of common expenses
for which each Unit is responsible. (Voting is governed by Article 5 of the Declaration.)
Unit Unit Size Allocated
Number Street Address (Square Feet) Interests (%)
101 421 S. Aspen St., Aspen, CO 927 12.337
102 419 S. Aspen St., Aspen, CO 927 12.337
103 405 S. Aspen St., Aspen, CO 319 4.245
104 407 S. Aspen St., Aspen, CO 316 4.205
105 409 S. Aspen St., Aspen, CO 313 4.166
201 150 Durant Ave., Aspen, CO 1,021 13.588
202 415 S. Aspen St., Aspen, CO 1,235 16.436
301 152 Durant Ave., Aspen, CO 1,048 13.947
302 417 S. Aspen St., Aspen, CO 1,408 18.738
Total 7,514 99.999
I 524722
Page: 5 of 5
06/01/2006 09:221
JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 D 0.00
— 5 —