HomeMy WebLinkAboutlanduse case.AM.143 Lone Pine Rd.A17-90Hunter Creek Condos Insub. Plat
Amendment 2737-073-66-? A17-90
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A
ASPEN/PITKIN PLANNING OFFICE
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Aspen, Colorado 81611 / v
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6
RONALD GARFIELD*
ANDREW V. HECHT**
ROBERT E. KENDIG
MICHAEL J. HERRON***
JANE ELLEN HAMILTON
CATHERINE H. McMAHON****
*also admitted to
New York Bar
**also admitted to
District of Columbia Bar
***also admitted to
Florida Bar
....also admitted to
Illinois Bar
HM4D DELIVERY
ATTORNEYS AT LAW TELEPHONE
VICTORIAN SQUARE BUILDING (303) 925-1936
601 EAST HYMAN AVENUE TEL 925-30 R
(303) 25-3008
ASPEN, COLORADO 81611
November 8, 1991
Kim Johnson, Planner
City/County Planning Office
130 South Galena
Aspen, Colorado 81611
Nov-8
RE: Hunter Creek Condominium Insubstantial Plat Amendment
Dear Kim:
In accordance with your August 21, 1990 Memorandum, enclosed
please find the Plat captioned First Amendment to Second Supplement
to the Condominium Map of Hunter Creek Condominiums, Phase I,
Buildings 1, 2, 3 & 4. Signature blocks for the City Engineer and
Planning Director have been added to the Plat. I also enclose
herewith a check in the amount of Forty Dollars and No/100 ($40.00)
to the order of the Pitkin County Clerk and Recorder in payment of
the recording fees for this Plat. Assuming you find this Plat
acceptable, I would appreciate your obtaining signatures on the
part of the Planning Director and City Engineer and causing the
Plat to be recorded. Once recorded I would appreciate your
notifying me of the date, book, page and reception number of
recording. If you prefer I will be happy to record the Plat.
Your assistance in this matter is most appreciated.
Sincer ly,
Rona ar e
RG:lah
, ew
\ron\lt\planner
• Is
DATE RECEIVED: 3/6/90
DATE COMPLETE:
CASELOAD SUMMARY SHEET
City of Aspen
PARCEL ID AND CASE NO.
2737-073-66-? A17-90
STAFF MEMBER -
PROJECT NAME: Hunter Creek Condominiums Insubstantial Amendment
to a Recorded Plat
Project Address: 0143 Lone Pine Road
Legal Address: Aspen, CO 81611
APPLICANT: Hunter Creek Management Inc.
Applicant Address: 0143 Lone Pine Rd., Aspen
REPRESENTATIVE: Jim Reser, Alpine Surveys
Representative Address/Phone: 414 N. Mill Street _
Aspen, CO 81611 5-2688
PAID: YES NO AMOUNT: _$145.00 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP:
2 STEP:
P&Z Meeting Date
PUBLIC HEARING:
YES NO
VESTED RIGHTS:
YES NO
CC Meeting Date
PUBLIC HEARING:
YES NO
VESTED RIGHTS:
YES NO
Planning Director Approval:
Paid:
Insubstantial Amendment or Exemption:
Date:
----------------------------------------------
REFERRALS:
City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Building Inspector
Envir. Hlth.
Roaring Fork
Other
Aspen Consol.
Energy Center
S.D.
DATE REFERRED:
INITIALS:
FINAL ROUTING: DATE ROUTED: �%' INITIAL:
City Atty %. City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
0
•
MEMORANDUM
TO: Diane Moore, Deputy Planning Director
FROM: Kim Johnson, Planner
RE: Hunter Creek Condominium Insubstantial Plat Amendment
DATE: August 21, 1991
SUMMARY: The applicant wishes to amend the condo plat to reflect
the basement unit in Building 1 as Unit B rather than G.C.E.
(General Common Element). This qualifies as an insubstantial plat
amendment pursuant to Section 7-1006 A. of the Land Use Code and
shall be approved by the Planning Director.
FINDINGS: The existing Hunter Creek Condominium Plat shows the
basement unit for Building 100 as G.C.E. (Attachment "A"). This
situation is not consistent with the First Amendment to the Hunter
Creek Condominium Declarations filed with the County Clerk
(page #2 of Attachment "B"). As the plat currently indicates, the
unit would be owned by the Hunter Creek Commons Corp. However, the
First Amendment to the Condominium Declaration for Hunter Creek
Condominiums reserves this unit for the exclusive use and ownership
of Hunter Creek Management, Inc. This proposed change will bring
the plat into agreement with the filed condo documents.
Section 7-1006 A. reads:
"Insubstantial Amendment. An insubstantial amendment to an
approved plat may be authorized by the Planning Director. An
insubstantial amendment shall be limited to technical or
engineering considerations first discovered during actual
development which could not reasonably be anticipated during the
approval process, or any other minor change to a plat which the
Planning Director finds has not effect on the conditions and
representations limiting the approved plat."
REFERRAL COMMENTS: Assistant City Attorney John Worcester suggests
that the changed plat be called "First Amendment to the Second
Supplement to the Condominium Map of Hunter Creek..." for ease of
tracking the numerous Hunter Creek plats. The plat must reference
the specific change in Building 100 from G.C.E. to Unit B.
City Engineer Chuck Roth states that the amended plat must contain
signature blocks for the City Engineer and Director of Planning.
STAFF COMMENTS: This proposal will update the original condo plat
to actual ownership conditions. The basement units are described
in the condo declarations as being "a Condominium not for
residential purposes consisting of all or a portion of the basement
space of a Building." Therefore, no changes are taking place to
numbers of dwelling units on site. No increased impacts to the
neighborhood or public facilities will result from the requested
amendment. The suggested conditions of approval are:
Prior to filing the amended plat at the County Clerk and Recorder's
Office:
1. The revised plat shall be titled "First Amendment to the
Second Supplement to the Condominium Map of Hunter Creek..."
and must reference the specific change in Building 100 from
G.C.E. to Unit B.
2. The revised plat shall contain signature blocks for the City
Engineer and the Planning Director.
RECOMMENDATION: Staff recommends that the Planning Director
approve with conditions the Insubstantial Plat Amendment for the
Hunter Creek Condominiums.
I hereby approve the Insubstantial Plat Amendment for the Hunter
Creek Condominiums with the conditions listed above.
1n
Amy Margerum, Planning Director Date
ATTACHMENTS: "A" - Plat Showing Area of Proposed Amendment
"B" - Condominium Declarations w/ Highlights
jtkvj/hunter.cr.dirmemo
2
5
A1(.1cNMF,Nf b"
A
20S
Recorded at o1clock
ep 504 P=W7
Peception No. R*corder
RECORDING REQUESTED BYt PY
WHEN RECORDED RETURN TOt 4."
Ronald Garfield
Garfield & Hecht, P.C. > cp
601 East Hyman Avenue n U
Aspen, Colorado 81611 T ch)
MC730
FIRST AMENDMENT TO
CONDOMINIUM DECLARATION FOR
HUNTER CREEK CONDOMINIUMS, PHASE I
(BUILDING 4)
THIS FIRST AMENDMENT To CONDOMINIUM DECLARATION FOR
HUNTER CREEK CONDOMINI
S, PHASE I (BUILDING 4) hereinafter
sometimes referred to
8 the "Amendment* is made this 'If Z14
day .7,
Of Z�, 1986, by HUNTER CREEK MANAGEMENT, INC. a
Colorado corporation as successor in interest to SILVERKING
INVESTMENTS LTD.,
8 Colorado limited partnership.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, filverking Investments, Ltd., did on Septemberer
23, 1983 duly execute and cause to be recorded on November 23,
1983 in Book 456 at Page 166 of the records of Pitkin County,s.
Colorado a Condominium Declaration for Hunter Creek Condominiums,
Phase I (Buildings 1, 2. 3 and 4) hereinafter referred to as the
"Declaration*.
a WHEREAS, in accordance with Paragraph 1.6 Submission of
EE22trtX of the Declaration, certain real property, buildings and
improvements
I n,3 -
situated thereon (the "Project") consisting of 84
Condominium units and sometimes referred to as "Phaso I" were
submitted to condominium ownership. a
WHEREAS, in accordance with Paragraph 16.1 Amendment or
Revocation,
the Declaratior, may b!) amended or any of the 77*
provisions revoked,
upen the consent of Owners representing an
aggregate voting interest of at least sixtY-seven percent (67%) 1,
of the General Common Elements and
'eligible Mortgage Holders"
(as that term Is defined in the Declaration) representing at
-i,c
least fifty-one percent (511) of the General Common Elements that
If I are subject to mortgages held by eligible Mortgage Holders.
I
"M eon 504 FAM
WHEREAS, Hunter Creek Management, Inc. an successor in
interest to Silverking Investments, Ltd., (for purposes of this
Amenoment the 'Declarant') in the owner of all the Condominium
Units in the Project.
WHEREAS, InterFirst Bank Fort Worth, N.A., ar national
banking acsociation ("InterFirst') is the holder of a blanket
Deed of Trust covering all the Condominium Units and is the only
eligible Moitgage Holder whose approval is required to this
Amendment.':he consent of InterFirst to this Amendment appears
In a separate Approval of Mortgagee attached hereto.
NOW THEREFORE, Declarant does hereby publish and
declare that the following terms, covenants, condltiuns,
easements, restrictions, uses, limitations and obligations in the
form of amendments to the Declaration shall bt,- deemed to run with
the land, shall be a burden and a benefit to Declarant and
Declarant's heirs, successors and assigns, and to any present or,
future owner of a Condominium Unit in the Project, their
grantees, successors, heirs, executors, administrators, devisees
or assigr.s.
1. The name of the Declaration in amended to read as
follows:
A
CONDOMINIUM DECLARATION
FOR
HUNTER CREEK CONIOMINIUMS, PHASE I
(BUILDING 4)
2. Paragraph 1.1 The Declarant of the Declaration in
deleted and in place thereof the following is provideds
"1.1 The Declarant. HUNTER CREEK MANAGEMENT, INC. with
its successors and assigns is herein called the
"Declarant"."
3. The term 'Project' shall be limited toBuilding 4
which is the real property described in Exhibit "A" and the
buildings and improvements situated hereon, which buildings and
improvements contain eighteen (18) residential Condominium Units
and a separate Rasem-nt Unit. The Exhibit *A* to thisAmendment
supercedes and replaces the Exhibit "A" to the Declaration.
Buildings 1, 2 and 3 are hereby withdrawn from the Project but
may be subsequently added in connection with the expansion of the
4,41,
-2-
46
r
i
T , t,
fro 504 MW969
N.
Project as more fully set forth below. The maxio—, number of
Units that may be created, including any future expansion of the
Project is eighty-four (84) residential Condominium Units
together with any Basement Units. Without exprossly amending any
other provisions of the Declaration relative to the withdrawal of
Buildings 1, 2 and 3 and the parcels of real property on which W'i.:►
VIA0f<
they are situated, the Declaration is hereby amended so that all
references to the term *Project" and all provisions of the
r s.:; h'
Declaration shall be construed to include, at this time, only# •,,
Building 1 and the parcel of real property on which it in r
t�
rituated. The Condominium Map shall be amended to shown, at this
time, that the Project consists only of Building 1. +, �..', a_:•;_ gar
1. Paragraph 1.2 The Real Property cf the Declaration C
is amended by the addition of the following sentence:
"Recording data for easements of record and licenses
appurtenant to, or included in, the condominium
property or to which any portion of the condominium .•r.:,,;„,,,
property is or may become subject is also set forth in
'
said Exhibit "A"."
c
5. Paragraph 2.13 General Common Elements of the
Declaration is amended by the addition of the following sentences ���
rA
"There are no General Common Elements which may be +,+?
conveyed to any person or entity other than Unit
Owners. There are no General Common Elements which may
be allocated subsequently as Limited Common Elements •,yy5�,
,
�A..r
6. Exhibit "B" to the Declaration is deleted and in
the place thereof shall be substituted Exhibit "B" to this
Amendment which sets forth the undivided fee simple interest in ter! R
the Common Elements appurtenant to each of the Units in the
Prcjsct.
d ,`,;
}rt it
7. Paragraph 2.18 Mortgagee of the Declaration is y
di.
amended by the addition at the end thereof of the following
sentences:
"First Mortgage shall mean the holder or ben.ficiary of
a first priority mortgage or deed of trust creating a
. - ,r ..r ... w:,y� .. ,a�iY'+r+P,Y.•'A mar rMAww ."•++Rw A� 4'((
F ei so 504 PAM
r
lien or any Condominium Unit. Junior Mortgagee shall
mean the holder or beneficiary of a mortgage or deed of
trust affecting any Condominium Unit other than a First
i
Mortyagee.•
0. Article II, Additional Definitions of the
Declaration is wended by the addition of the following term:
12.22 Basement Unit means a Condominium not for
residential purposes consisting of all or a portion of
the basement space of a Building.' t t•;; s'
9. The first sentence of Paragraph 7.8 Consent of
•nor■ is del,ted in its entirety and in place thereof the � �.•'`
follwing is provided:
•7.8 Consent of Owners and First Mortgagees. The
Association may not without the prior written approval
of the Owners of at least two-thirds (2/3) of the
Condominium Units And written approval of at least
two-thirds (2/3) of the holders of all First Mortgages
E. ht[w
in the Project having been first duly obtaineds•'
10. ?eragre, 3,2 Membership and Voting of the
-eclaration is amended by deleting the next to last sentence and
inserting in place thereof the followings `'''.'i. r+v
"The Owners of all Units in the Project shall in the{:1�
1,
aggregate be entitled to six and eighteen
one -hundredths percent (6.18t) of the entire votes in':.
the Commons Corporation. Declarant or its successors, R
assigns or affiliates jar, the owners of Buildings 1,
acd 31 shall be entitled to twenty-one and forty-five'
one -hundredths percent (21.A51) of tho entire votes in 1.^
�tK
the Commons Corporation. As and when the Project
expanded the percentage of votes in the Commonsr
Corporation allocated to Owners of Units shall be
increased. upon any expansion of the Project, such +a'
incriswe In tine percentage of such votes in the Commons .e+t
Corporation (and the corresponding decrease in the y +�
percentage of votes allowed to Declarant or its
successors, &,signs or affiliates) shall be set forth
r
Asa. � �`i♦
504
978
y.
Condominium Unit encumbering the new Common Elements '
x�€t� added to the Project as a result of such expansion.
18.4 Declaration Operative on Buildings. Any
additional Buildings added to the Project shall be
subject to all the terms and conditions of this +"
Declaration and of a Supplemental Declaration, and the
.L
Condominium Units therein shall be subject to q,
F• condominium ownership ,,'-th all the inciden'.s pertaining
thereto as specified herein, upon placing the
Suppler.ental Condominium Map and Supplemental
•fi
Condominium Declaration of public record in the Pitkin
County, Colorado real estate records.
w 18.5 Fractional Undivided Interests in Common Elements
�'..
s= and Disposition of Remainder of Common F,ements. The
d
percentages of interest of the re.;pective Condominium3:
J L
Unite in the General Common. Elements shall be :�^1
determined on the basis of the approximate relation n...p=•
fwhich the square footage cf each Condominium Unit beers
Ji to the aggregate square footage of all Condominium
' units in the Fro)ect which have been committed under
.,
=r'I this Decla-ation or an, amendments or supplements
py4, thereto. Thus, the percentage interests of each
Condominium Unit in the Project shill decrease
Froportionately with the commitment of each additional
building. The total of all percentage interests at any
a4; Tjt t
,�`�! point in time, regardless of the number of Condominium
Units then committed under the Declaration, shall equal'"
'tea one hundred percent 110011.
o a
22. A new Article XVIX Reservation re
of Casement SpalYL
is added to the Declaration as follows: K'
ARTICLE XVIX
Fw t
Reservation of Basement Space
'19.1 Reservation o. Sasement Space. Declarant hereby
reserves to itself, its successors and assigns Unit B
M being all the basement space in Building 1, except the
dj boiler room. In any expansion of the Project, t,
-12-
A a
(
ems( 5U4 FAA79
Declarant reserves to itself. its successors and
assigns all or any part of the basement spaces in
Buildings 1, 2 and 3 other than boiler rooms or other
utility areas. Unless otherwise agreed to by
Declarant, Owners of Units do not have any rights to
the use of the basement space for storage or any other
purposes. There in hereby reserved from Unit 9 (and
any other basement spaces in Buildings 1, 2 and 3) for
the benefit of all owners to be exercised by the
Association non-exclusive easement• for the maintenance
and operation of utility lines, meters, wiring,
conduit, pipe and the like together with access thereto
for the purposes of this easement. Maintenance, repair
and replacement of all such utilities shell be at the
expense of the Association.
23. Miscellaneous.
23.1 The provisions of this Amendment shall be in
addition and supplemental to the provisions contained in the
recorded Declaration and shall and does, in all other respects,
ratify the same.
23.2 If any of the provisions of this Amendment or an;
perag*.aph, sentence, clause, phrase or word, or the application
thereof in any circumstance, be invalidated, such invalidity
shall not affect the validity of the remainder of this
instrument, and the application of any such provision, paragraph,
sentence, clause, phrase or word in any other circumstance shall
not be affected thereby.
23.3 The provisions of this Amendment shall be in
addition and supplemental to the Condominium ownership Act of the
State of Colorado as amended and to all other provisions of law.
23.4 That whenever used herein, unless the context
shall oth ise provide, the singular shall include the plural,
and the U�;f any gender shall include a31 genders.
IN W177NESS WHEREOF this FIRST AMENCMENT TO CONDOMINIUM
DECLARATION FOR HUNTER CREEK CON
DOMINIUMS PHASE I (BUILDING 4) is
executed this 5 day of CIr ..�.. , 1986.
-13-
p;ti.
JOHNSON&GIBBS
A Professional Corporation
Al'TORNGFS AND COUNSELORS
Fax: 214F977--9004
Telex: 55 1172
Writer's Direct Dial Number
(214) 977-9552
Mr. James F. Res er
Alpine Surveys
414 N. Mill Street
P.O. Box 1730
Aspen, Colorado 81612
100 Founders Square
900 Jackson Street
Dallas, Texas 75202-4499
214/977-9000
February 28, 1990
Re: Hunter Creek Condominiums
Dear Mr. Res er:
Other Locations:
Austin, Texas
Houston, 'texas
Washington, D.C.
This letter is written on behalf of Hunter Creek Management,
Inc. (t' HCMI tt ) . As you are aware, HCMI has requested that you
prepare a Third Supplement to Condominium Map of Hunter Creek
Condominiums. This letter serves as authorization for the
following three parties to act on behalf of HCMI in connection
with the City of Aspen's approval of the amended map:
1. James F. Res er
Alpine Surveys
414 N. Mill Street
Aspen, Colorado 81612
(303) 925-2688
2. Don Pilkinton
President
Hunter Creek Management, Inc.
0143 Lone Pine Road
Aspen, C-ilorado 81611
(303) 925-1060
3. S. Diane Timmons
Johnson & Gibbs, P. C.
900 Jackson
Dallas, Texas 75202
(214) 977-9552
Mr. James F. Reser
February 28, 1990
Page 2
Please contact the undersigned if additional information is
required.
Very truly yours,
��
S. Diane immons
SDT: km
PROPOSAL FOR AMENDMENT
TO EXISTING CONDOMINIUM MAP
The Second Supplement to Condominium Map of Hunter Creek
Condominiums, Phase I, Buildings 1, 2, 3 and 4 shows the basement
unit of Building 100 to be a "General Common Element". With this
designation, the unit would be owned by the Hunter Creek Commons
Corporation. This is incorrect and inconsistent with other
official documents of record in Pitkin County. The basement unit
of Building 100 is not a General Common Element, but rather is a
marketable unit owned at the present time by Hunter Creek
Management, Inc.
The basement unit of Building 100 was reserved for the
exclusive use and ownership of Hunter Creek Management, Inc. in
the First Amendment to Condominium Declaration for Hunter Creek
Condominiums, Phase I ("First Amendment"), which is filed of
record in Book 504, Page 967 of the Pitkin County Records. The
reservation of the basement unit of Building 100 is evidenced in
the language of Paragraph 22 of the First Amendment, filed at
Pages 978 and 979 of Book 504.
Hunter Creek Management, Inc. has employed Alpine Surveys of
Aspen, Colorado to amend the existing Condominium Map to be
consistent with other documents of record applicable to the
property and to show the basement unit of Building 100 as being
owned by Hunter Creek Management, Inc.
Hunter Creek Condominiums
0143 Lone Pine Road
Aspen, Colorado 81611
Phase I
Building 1 Parcel
Beginning
at a point
whence a 1954 U.S. Brass
Cap originally set
as the
center
quarter
corner of said Section 7
and now marked as
a special
purpose
monument
bears N 79°39'04" E
895.61 feet;
thence
S
45007'00"
E
12.70
feet;
thence
N
441 53'00"
E
2.70
feet;
thence
S
45°07'00"
E
2.70
=eet;
thence
N
44153'00"
E
6.00
feet;
thence
S
45°07'00"
E
23.00
feet;
thence
S
44053100"
W
8.70
feet;
thence
S
45007100"
E
21.50
feet;
thence
S
44053'00"
W
110.00
feet;
thence
N
45007'00"
W
21.50
feet;
thence
S
44153'00"
W
8.70
feet;
thence
N
45107100"
W
28.00
feet;
thence
N
44153100"
E
8.70
feet;
thence
N
45°07'00"
W
15.40
feet;
thence
N
44*53100"
E
110.00
feet to the point
of beginning,
containing 0.175 acre,
more
or less.
1 0 0
LIST OF OWNERS OF HUNTER CREEK CONDOMINIUMS
PHASE I - BUILDING I
AS OF FEBRUARY 1, 1990
Name
Unit
Allen Petit
132
c/o Jill Martin
0143 Lone Pine Road
Aspen, CO 81611
Sheila Babbie
135R
P. 0. Box 11496
Aspen, -0 81612-9549
Christian Christ
134
P. 0. Box 2943
Aspen, CO 81612
Maggie Dorrough
111T
P. 0. Box 2107
Aspen, CO 81612
Oskar Guenther
122
1038 Oakhill Circle
Ashland, OH 44805
Patricia Hill
124
P. 0. Box 8234
Aspen, CO 81612
Rosario & Margaret Ilardo
112
6306 Moss Way
Baltimore, MD 21212
Erna Jackson
111
7 2 7 -17 Tramway Lane N. E.
Albuquerque, NM 87122
Kierjob Associates
131
c/o Robert Kershaw
113 W. Monument St.
Baltimore, MD 21201
William H. Kirwin, Jr.
135
4854 Alberson Court
San Diego, CA 92130
Robert & Irene Lankering
121
611 W. Main
Aspen, CO 81611
Madeleine Larson
113
201 N. Hill St., Suite 101
Aspen, CO 81611
Andrew Larson
133
1509 Hinman Ave., Suite 2E
Evanston, IL 60201
Denise Lock
125
0143 Lone Pine Road, Suite 125
Aspen, CO 81611
Carola Lott
123
0143 Lone Pine Road, Suite 123
Aspen, CO 81611
Steve Lyons
1115
0143 Lone Pine Rd., Suite 111
Aspen, CO 81611
Steve Lyons
111R
P. 0. Box 2756
Aspen, CO 81612
Chris Phillips
135T
0143 Lone Pine Road, Suite 135
Aspen, CO 81611
Myron & Helene Rappaport
114
P. 0. Box 8399
Aspen, CO 81612
Andre Van Schaften
115
514 Half Moon Bay Drive
Croton -On -Hudson, NY 10520
Hunter Creek Commons Corporation All Common Areas
0143 Lone Pine Road
Aspen, CO 81611
Hunter Creek Management, Inc. B-1 (Basement)
0143 Lone Pine Road
Aspen, CO 81611
-2-
Alpine Surveys
414 North Mill Street
Post Office Box 1730
Aspen, Colorado 81612
March 1, 1990
Leslie Lamont
Aspen-Pitkin County Planning Office
130 S. Galena
Aspen, Colorado 81611
Dear Leslie:
I enclose what I believe to be information sufficient
to process the Hunter Creek Condominium Amendment.
If this is not true, please let me know where I went
wrong.
Sincerely
>:'. Reser
JFR/ml
Encls.
cc: S. Diane Timmons
MAR 519W
• CITY OF ASPEN •
1 PRE -APPLICATION( CONFERENCE SUMMARY
PROJECT • `f'� Li Yd ('., () DP:h.
APPLICANT'S REPRESENTATIVE: `1-T; rn �.41SQ Ir
REPRESENTATIVE'S PHONE:
OWNER'S NAME:
lD 1 a : " I. M s1 0 n s
v 1 SUMMARY
1. Type of Application:
2. Describe action/type of development being requested:
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
V V
4. Review is: (P&Z Only) (CC Only) (P&Z then to CC)
5. Public Hearing: (YES) t rN0)}
�y
6. Number of copies of the application to be submitted: GT,jj
7. What fee was applicant requested to submit:V S 4C70
8. Auticipated date of submission:(
9. COMMENTS/UNIQUE CONCERNS: (�
frm.pre_app
AUG 16 '91 10:45 GARFIELD & HECHT. P.C.
P.2/3
RONALD GARFIELD•
ANDREW V_ HECHT—
ROBERT E. KENDIG
MICHAEL J. HERRON•••
JAN£ ELLEN HAMILTON
CATHERINE 1I. McMAHON****
hln ■dmiued io
New York Bar
••ilso.dmiued to
Diwict of C.1"i. B.r
•••1Iso a&4illed to
Mwida Bu
••••.lu. admimA to
{llieolc Bar
HAND DELIVERY
GARFIELD & HECHT, P.G.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 51611
Vince Hi ns, President
Pitkin aunty Title, Inc.
601 . nHopkins Avenue
sp A, CO 81611
August 14, 1991
RE: Hunter Creek Condominiums
Dear Vince:
TELEPHONE
(303) 925.1936
TELECOPIER
(303) 925-3009
This letter regards the mistaken G.C.E. designation given to
the Basement Unit on the Condominium Map for Building 1. The
Basement Unit is Unit B and is definitely not a Common Element. A
copy of the Building 1 map is enclosed. On each of the Condominium
Maps for Buildings 2, 3 and 4 (Plat Book 18 at Page 37 and Plat
Book 19 at Page 14), the Basement Unit was properly designated Unit
B. In the Building 1 Condominium Map, the Basement Unit should
have also been designated Unit B.
Also enclosed you will find the First Amendment,
("Amendment"), to Condominium Declaration for Hunter Creek
Condominiums, Phase I (Building 4) which expressly provided for the
creation of Basement Units (see Page 4, Paragraph 8, new 2.22 and
Exhibit "B"). At Paragraph 22 of the Amendment (Page 12, new 19.1)
there is reserved to the Declarant the Basement Units in Building
1, -as well as Buildings 2, 3 and 4. when Hunter Creek Condominiums
was expanded to include Building 1, the percentage interest of the
Common Elements attributed the Basement Unit B in Building 1 was
reduced to .97%. Please refer to Exhibit "B" of the Second
Supplemental Declaration, a copy of which is also enclosed.
I did represent the Declarant, Hunter Creek Management, Inc.,
and did prepare the Condominium Declarations, amendments and
supplements thereto for Hunter Creek Condominiums. The Condominium
Maps were prepared by Jim Reeser of Alpine Surveys. At that time,
it was definitely the decision and intent of the developer that the
Basement Units would be condominium units and not common elements.
AUG 16 '91 10:46 GARFIELD & HECHT. P.C. P.3i3
GARFIE➢.D & HECHT, P.C.
Vince Higens
August 14, 1991
Page 2
Section 3.4 (at Page 6) of the Condominium Declaration for
Phase I, a copy of which is also enclosed, states, in part, that
"From time to time after the completion of such improvements,
remodeling or alterations, Declarant may file for record one or
more amendments to the map to accurately depict such improvements,
remodeling and alterations" (emphasis added). An amendment to the
map could be recorded to accurately depict Basement Unit B in
Building 1. .Later in this same section, it is provided that
"Declarant further reserves the right to amend or supplement the
map, from time to time, to conform the same according to the actual
location of any improvements or alterations thereto, and to
establish, vacate and relocate access, utility or other easements
or rights -of -way .and for any other purposes as provided herein"
(emphasis added). Because of the G.C.E. label, the map for
Building 1 fails to locate the Basement Unit described in the
Second Supplemental Declaration. Pursuant to the powers reserved
in this Section 3.4, it is clear the Declarant could amend the
Condominium Map to locate or accurately depict the Basement Unit.
A more expeditious solution might be to have Jim Reeser with
the consent of the County Attorney, take the original mylar from
the County Clerk, change the designation of the Building 1 Basement
Unit from G.C.E. to Unit B and just re-record that map.
Once this oversight is corrected in a fashion acceptable to
Pitkin County Title, Inc., Hunter Creek Management, Inc., which is
still the owner of Basement Unit B in Building 1, would request
that you issue a Commitment for an Owners policy of Title Insurance
for an amount to be determined.
Please telephone me after you have had an opportunity to
review this letter and enclosures.
Sincerely
06gWj signed b�
RANAU) GARFIELD
Ronald Garfield
RG:tk /
cc: Mike Clowdus (via facsimile) v
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B.O. C, C. APPROVAL
REFEiZENCE 15 MADE TO PITKIN COUNT`1 GOMMI55(ONEiZ5 fzESoL�TIofJ
NO. 81 III 2FC0KrE.P IN P�K 521 AT PAGE 59CP APPiZOVIt i'21OtZ
fLAT5 FOIK P+IASES T, a 4 LIT OF HUNrF_R GKEEf<, CCNpoMINIUM5
MAKE FULL1 IN SAID TINS SECOND
SUPpLEMENrT 15 APFROVEP 5"1 THE P(TKJN COUNTK f50A{zp OF CCUNTy
COMM THK5___ PA`< OPIR87.
-------- - -----
CJ-IAI KMAN
COI NTY ATTORNEY'S APPROVAL
APf'KWEp AS TO FORM i�,"i -THE COLt\I7I ATTMWE°I OF PITKIN G'JUNT`f,
COLOKADO, -f1--115_-_- t?A% OFMb7.
NOTICE Accordmg to Colorado law you must �.umm—n any legal I',,
cased upon any defect in um s finis srvey wdhyears after you first d6co ""
iuch defect In no event may any action cased upon any defect in mis sorvev
oe commenced more than ten years tvom the date of the r: erfi icat,oh shown
hereon
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Alpine Surveys, Inc.
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
1954 U.S. fWA55 CAP FOKMEX0 MAKf',EP
CENTEK SECTIDN 7, T 105., K.84 W. GTH P
ANP h4M MAK+,EP "? F. M. " Ai-V Ll INC,
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CLERK & RECORDER'S CERTIFICATE
T1415 OUPPL-LMENT -10 THE C0NK70MIr R-" MAP _-F HUNTEK CKE]=i' CONDOMINIUM,
F 1'PA5E I CP7UILPiNG`O 1, 2_ 3 4 4) WP6 ACCEPT'EO Foil FILINC> IN TI--KE OFFICE (7,r THE CLE'Z.K 44
(ZEGCJFK7E,K OF T4-IE C;OUNTi( OF PITYVJM, '!)TA7E� OF COLOKADO, ATYCLDZ*, -_M.,
WA-7 DULK FIL1=D 1N PLAT Pa00K-------
AT 1'AG1=------ ---� R£CEI�TIC�N NO------ ------------
PITt<1N COUNT `1 Ci--Eizte, $ i F_C0K0EI"N------- ---
SurveyedRevisions 2 2 67
Drafted JANUAK&(, te)7, P.K ,
SECOND SUPPLEMENT
TO THE CONDOMINIUM
MAP OF HUNTER CREEK
CONDOMINIUMS, PHASE I,
BUILDINGS L 29 3 S 4
P2EPA}ZED FOR WF_ PURP05E5 OF SUPPLEMENTING THE ORIG(N^L- PLAT, KE.COPPEP IN PLAT
BOOK 9 AT PA&E 8Z PITK)N COUNTY KErC-0RD5 4 SUP'PLEMENTRL MAP, RECAIZDED IN PLAT
13C 0K 19 AT PAGE. 14 N-TKIN COUNT"( RECOZ05, TO SHOW THE EXPAN510N Of TWE PROJECT TO
INCL.UPE 13UILi7IN6 1. IN ALL an-iEi , 9ESPEC1-5 THE ORIGINAL PLAT 5WALL 1ZEMAiN iN FULL
FORCE AND EFFECT.
OWNER'S CERTIFICATE
IN ACCC)$ZUANCF_ WJTH 1{-1E CONDOMINIUM j?ELLA1zA_rI0N fOK HU1JTfX CONDOMINIUMS
f HA-E r, A-�> /IMEHOED, KF,-O PEO IN F_. C'' KK 45Co A-T P-f�GE I6P69 AWD
i\MENt7MEKIT'D INEfZETO RECC)ED IN P504 AT PA4,1= 9W BOOK 508 AT t'AGE 3l
f� 511 AT FAG-_ 573 4 �<520AT fX&F-,86; f-{UNTi:R UXEEtK_ NI�ANAGEMF_Or,SIKGi✓�Olz IN
INTEKF_-2T TO 51LVE1,KifNG, INVESTMEMS, L-TV.) HEKEi!1 CE-RTIFII✓5 IT F? -111E OYYNEI-OF ALL
-HE L-AN05 A1,11D IMPIKOVE. MEW'"> PEDICATF� TO TH I5 CONi30MINIUM KEGI ME ANID HEF'E:"
coNSEI.ITg TO -lHlE KZ:C0KPA-i")DW OF T►-415 5U1'I'LEME ITAL MAP. CON' E-eNT TO 1_,41l�
DUPPL i=. M E NTAL MAP 1`5`1 TI-IE. HOL 171= K, CIF THE tl�L. AW KET AFF E(_-T I UCH ALL
OF i-(UNTM CKtEl<, VK,45F, L AfPEAJ�n IN A SEPAizAT-E7 APPie01�AL
OF MOKTC.AC-EE, TIL-III 5U1 PLEMF_NTFL. MAP MEETn -TH- OWNI —_) KE.QUIKZ-'MUCK"/'fjTD
THE K e5IC�NATION Oi= UNITS ANP PAAL-DING ^W 15 FOLL1I CO1_15I__rTi`rTr WI -CI -I 7I_E
AfOIZEMEffCfONEJ CONGbMINIUM t�ClA1CATIOi�I FOi- HUNTEK CK CON IOJMiNiUMS
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SURVEYOR'S CERTIFICATE
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TO THE f011,1T OF 5EGINNIN�; CONTA1,r, 0205 ACKEl 2- MME Ord LEss.
AMC A 71-11ZEE ST)R11 MA50"941, C,C;NCKETF_ AND W000 PAUfLUIN& WAS F-OUNP -TV f3E 1-OCATEt?
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THE LOCATION AND DJKIEN510i ri OF 7LIE P_O(,*-4DAIZo( L)NES, 13UIL(0(NC-45, IMPIZOVEMEkrT3, EASEMENTS
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DEPICTS TWF_ LOC," FTION AND-rj4F_ 1-IORIZONTAL ANP VEKTICAL MEASL7RF_N1E.I,,175 OF 71-(E (3UILDINC,,
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Client H.G. W.
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L.G.E, = LIMITEP CAMMOki ELEMENT; ALL I'ATIOt7 /kHP 15ALCON[f-5 f E
LIMIT-)_.D COMMON ELEMENTS FDK ^VL)0ININ6 UNITS
G.C.E. &F-HERAL COMMON ELEMENT ALL 5TAIK5 AND HALLWA45 ARE
OF•Nf-RAL COMMON ELEMENTS.
(-rqn INPICATE-D SAME P.A rA AS °T111'ICALI ON SIMILAP\ FFATURE-�'.
ALL 01MEN510N5 AFZE. IN FEET � TEf-ZFH-C) OF FEET.
5EF. OKIGJ mil- PLAT" FOR CUL NG hE.161 [ice FLOCK t KOCf ELEYATI0t ls.
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VCTiCE A-,,O�" ,o Color Arlo is yuu m„ , ,r.,n , n, .alai " i,,.
SUCK deleCt In np Bve�l mdY any aCl�On baee0 upon anY �1FIFct n 1�5 Survey
'JP COm menCt'0 more than len YPals iron, If,v r1alN of ter . ✓rt �tiCnliori .h,�wr.
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Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
aurveyeo r-)tc. -5& S.w. Revisions I 2.8 V
Drafted JNi4 • ' 57 P..R .
Title SECOND SUPPLEMENT Job No 78- 87
TO T HIlE (COYTDOMIIYTII�T11V1I I\Yl AP Client u. C. M /
V I C'AL
O F BUILDINGS 19 2,3 & 4
HUNTER CREEK CONIC➢GMI YTIIUMS SHEET 2 OF 2