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HomeMy WebLinkAboutLanduse Case.CO.917 E Hyman Ave.A074-972737-182-31-043 A074-97 /4) Kentco Limited Partnership Subd. Exemptioi pursuant to Condominiumization �1 C' 11 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MR011 Use Tax 10000.67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065-482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing 00125-63340.205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 WildliteOfficer Sales: 00113-63830-039 County Code -69000-145 Copy Fees -- - -- - ---— Other ..- 1 _ r♦ _ S L • 1 - � - Phone: Totallz� f-,-CLC- — Date:? Checl�_ Project: ')'U_fl Case No: No. of Copies PARCEL ID: 2737 182 31-043 DATE RCVD: 09/29/97 # COPIES: CASE NAME: Kentco Limited Partnership Subdivision Exemption pursuant to Condomi CASE NO A074 97 R Mitch. Haas�— PROJ ADDR: 91 7 East Hyman Ave CASE TYP Subdivision Exemption pursuant to O Kentco Limited Part ADF12200 W. 138th St. C/S/Z' Blue Island, IL 6040 REP. Charles T. Brandt, Esq ADR: 420 E. Main St Suite C/S/Z: Aspen, Colorado 81 FEES DUE: 355 FEES RCVD: 355 REFERRALS REF:— BY MTG DATE REV BODY (—PH� NOTICED I I � 1 ! REMARKS S 708-239-821 925-5196 DATE OF FINAL ACTION:+ 10/20/97 BOCC\CC:F— CLOSED: I 1 1, 12 97 BY: I MH BOA: HRG OFF: PLAT SUBMITD: PLAT (BK,PG): ADMINICom Dev Director MEMORANDUM TO: Stan Clauson, Community Development Director THRU: Julie Ann Woods, Deputy Director, �9 FROM: Mitch Haas, Planner RE: Ute Number 4 Townhomes, Condominiumization DATE: October 20, 1997 On behalf of the Ute No. 4 Townhomes, the Kentco Limited Partnership, has applied for a subdivision exemption to condominiumize the Ute No. 4 Townhomes, which are located at 917 East Hyman Avenue. This condom iniumization is being requested because the applicant is now in the process of selling one or both of the units (duplex) on the property and wants the elements of the sale to be clearly defined. The application was referred to the Engineering Department, who examined the proposed plat and found it to be acceptable as revised. The application is consistent with the condominium conversion exemption from the City's subdivision regulations, pursuant to Section 26.88.030(A)(3) and 26.88.070 and there are no other land use issues involved. Staff recommends that the Community Development Director approve this condom iniumization with no conditions. 4 APPROVED: npP�C� Stan Clauson, Community Devnt Directs �• MEMORANDUM To: Mitch Haas, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer Date: October 8, 1997 Re: The Ute No. 4 Townhomes Subdivision Exemption for Condominiumization I have reviewed the above referenced application, and I have the following comments: 1. Missing plat content requirements M97.140 a. The lot designations are not acceptable. The plat is not a lot split, and the limited common area yard elements are not shown. b. The designation "Ute No. 4 Rock" is incorrect. The rock contains a registered survey monument which must be correctly labeled. c. Are there overlapping ownership spaces vertically? Are there general common elements such as mechanical spaces? The submitted condominium map is very incomplete. The property must be fully monumented and parking spaces, including ADU, shown and dimensioned. State the total acreage of the lot to nearest 0.001 acre. The lot to the east is not fully described. d. The plat must make reference to a recent title policy or letter for easement information. e. Show utility sources, services, and meters. Show drainage improvements. f. Show rock wall in public right-of-way. A sidewalk was required to be constructed prior to certificate of occupancy but is not shown on the plat. 1 09/25/97 10:20 'U708 239 8329 RICHARD A KENT 14002/002 SEP-24-97 15.57 FROM.CHARLI9. RRANDT & ASSOC ID.97OS2640 PAGE 2/2 Kentco Limited Partnership 2200 W. 138"' Street Blue Island, IL 60406 Phone: (708) 239-8212 Fax: (708) 239-8329 September 24, 1997 Amy Guthrie, City Planner Community Development 130 S_ Galena Street Aspen, CO 81611 Rim Subdivision Exemption pursuant to Condom111iumaz it -ion Dc2r Ms. Guthrie: This letter serves as an application for a Subdivision Exemptioa pursuant to Condominiurlli rion under Section 26.88.070 of the Ciry of Aspen Land Use Code. The development is the two detached tow114101nes on Lot 1, Kentco Lot Split, according to the Plat recorded in Plat Book 33 at page 82, also knourn as 917 East Hyman Avenue. According to the construction contraaor, the final inspection for the certificate of occupancy for one of the townhomes will occur on Thursday, September 25. The other townhome is close to its finished form. The Applicant's name is Kentco Umited Partnership, an Illinois limited partnership, the address is 2200 W. 138`� Street Blue Island, EL 60406, and the phone number is (708) 239-8212_ Kentco Limited Partnership's representative is Charles T_ Brandt, Esq. whose address and phone number is 420 East Main Street, Suite 204, Aspen, phone #925-5196. I appreciate your prompt attention to this matter. If you have any questions Please contact Chuck Brandt. Yours very truly, Richard Kenr, as Chairman and CEO of Kentco Capital Corporation, General Partner of Kentco Limited Partnership • • CHARLES T. BRANDT & ASSOCIATES, P.C. ATTORNEYS AT LAW 420 East Main Street, Suite 204 Aspen, Colorado 81611 Phone: 970-925-5196 Fax: 970-925-4559 September 25, 1997 Amy Guthrie, City Planner Community Development 130 S. Galena Street Aspen, CO 81611 Re: Subdivision Exemption Application pursuant to Condominiumization - The Ute No. 4 Townhomes Dear Ms. Guthrie: Enclosed is a deposit of $355 for review of the application and two copies each of the following: 1. Proof of Ownership in the form of a Certificate of Ownership from Stewart Title of Aspen, Inc. 2. An explanatory letter signed by the applicant with the applicant's and the representative's name, address and telephone number. 3. An 8-1/2" by 11" vicinity map locating the parcel. 4. The Kentco Lot Split Plat approved by the Cityin 1994. 5. The proposed plat prepared by Aspen Survey Engineers showing the detached duplex. 6. Copies of approvals for Ordinance No. 43, the Sund Lot Split ( later known as the Kentco Lot Split), Ordinance No. 44, designation of Historic Landmark, and an Accessory Dwelling Unit Deed Restriction. 7. Lastly, I have included a copy of the Declaration of Covenants and Restrictions for the Ute No. 4 Townhomes for your information. If you have any questions or need further information please call our office. Sincerel , Jeanne S. White For Charles T. Brandt & Associates /jsw cc: Richard Kent C:\Data\Kentco\1-guthrie2.doc SEP.24.1997 2:22PN STEWART TITLE ASPEN NO.729 P.2 STEyVART T#OF Bj&a REPORT Is OWNERSHIP AND Order No.: 00024128 PP"ARF.D FOR: 0619200 ,STEWART TTII,E OF ASPEN, INC- I3EREBy eF-R77FIES from a search Or the books in this office that title to.' Lot 1, JRIPTCO LOT SPLIT, according to the Plat thereof =eaorded Fr�rnary 7, 1994 in Plat Boot[ 33 at Page 92 as Reaept1cm No. 366654. COtrttTlr OF PITIW, 87ATE o8 COLORADO. situated in the County of Piddn, State of Colorado, appears to be vested in the name of J=TTCo LINXTED PAgTXMZ8$IP, AN TLLZNDIS LIMITED PAMWERSXrP and that the above described property appears to be subject to the following liens: 1. NONZ EX(=any and all razes and assessments. EXC.EpT all easements, rights of way, restrictions and reservations of record This report does not reflect any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits and judgments which, from mate of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Urnpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the fads stated are true, this letter 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 Stewart 7 de of Aspen. Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. at Aspen, Colorado TWIN LAKES \\J Z Q I • bCSKi�_ (� � • AAA I E ASPEN MOUNTAIN Key/Legend • • ••. �r 1 1 1 Hn�h School IF Airport IG31 ..... • .• • : • • • FqG i F $ I I 1 Middle School IFII + Bus Stations • �F • SFr ,� 9<y I 1 I Elementary School IFII Traffic Lights LAK RD• Ep y< • Fp0� • �OiB4•• Fir ,� ' I Z—' Lihiary IC2I ©HuspdallEll 4 Tennis Cuur11031 SUMMI ST Qo lFp• • • • +ty • p0P I I ST S ARK T Hit[ STa V Post Office IC21 6.416 o q Aspen Malll Walkways IC121 �e �� E 3 • • • • • • • �\ PG I I = H I NIA IL E 1 Si I ! Parks Ski Lill Lines P� P a • ii• I I ST JUAN T ! Rodeo Grounds IN31 • • • • Bike Trails 6~^ G� AT R AVE T Aw ST DEAN ST Golf Courses s DURAN AVE Cl F 9 in w r . A Q' ~ WHI OPER ELE8-- HOUSE QP E COOPER AVE Aataaaa _ a r- �, w N Z ' HYMAN ¢n+ ` H ASPEN ICE 6Afl0ENE o PU LOCATION MAP E H g �' in IN 2 ■ N ELER ISITOR CITY 1 ORMATI CENTE LL QUEEN HALL MAIN I ST N N V T COUNT = ST C URTHO E = w a W BLE ER Si ~ S 9 •• a = _ z •♦ bF� AL AM ST I W HAL M T > COLORADO STAB C � N • BAY S CAB• 0 • • •%IqA/ Fti� � _ 1 F [ • • • W FRAN I ST HEELER - N ! ES AVE P P • IT • • W SMUGG R ST TALLAR USEUM Z HLUKE ASPEN • • • • y AR 0 R S = ARTO ASPEN CH MIEN '9a MUSEUM • Hy/bls W NORTH _ 7� CO NH p CT 51 RESORT ASSN. A INFORMATION CTR. • Q '�O .� fly • �Q N T fyr PEA S y Cr `y y uQ o e n q�y S E .• j GU-E m r •PIN • _ • COMMUNITY CENTER • P • i CpSt�E • • • •• 9} •• ■ ASPEN ^ • sZ INSTITUTE Y • ` y to a FLUSH RD =• W N ' G� A • R. • �' '� ��� • apt• oQ to Q 1 ��G y�iy BENNETT 8/0, MAGNIFI o plc Z P BE CH [H qN SON �0 PD • • RED NOUN 9p u DR W H HERRON HOIEO D�c}iNj • PEA m / • by WHI NIGHTHAWK DR GHTgp • CNADWIC OR • �O • • • rTAI R RED'S R • SABI 9 ZG6676 B-798 P-104 10/�1/9S aB:k�A PG 1 OF s REC DOC SILVIA DOVIS PITKIN COUNTY CLERK & RECORDER 16.00 ORDINANCE NO- �� (series of 1995) 1�N OADIDtXWCE OF TIrE ASPZN CITY COUNCIL DESICPXXTING 935 E. SYMADt AVE2/iTE, LOT 1 OF THE 6UND LOT SPLIT, BLOCZ 35, CITY AND TOWNSITE Os AaPEN, AS "B", ElaTORIC LANDXARX PURSUANT TO SECTION 24-7-703 Gil 779E XrXICIPAL CODE. WITEREIUe, the City of Aspan's Coy=unity Development Department has filed an application for Historic Landmark Designation of 935 E. Hyman Avenue, Lot 1 of the Sund Lot Split, Block 35, East Aspen Addition, pursuant to Section 24-7-704 of the Municipal Code; and WHEREAS, Rentco Capital Corporation, owner of 935 E. Hyman Avenue, Lot 1 of the Sund Lot split, Block 35, East Aspen Addition, Is not in support the Landmark Designation, however, owner consent is rot required by the Municipal Code fir landmark designation; and WHEREAS, the Historic Preservation Commission recommended Historic Designation 7-0 for the subject properties at a duly noticed public hearing on August 25, 1993; and WHEREAS, the Aspen Planning and Zoning Commission recommended Historic Designation 4-1 for the subject properties at a duly noticed public hearing on September 7, 1993; and WHERRIL6, pursuant to Section 24-7-702, the City Council has found that the subject property is historically significant and Gnat the preservation of the property is necessary to enhance and prBsarve the character of the East End neighborhood and the Aspen community; and 1 NO ..y .. ... .... � .. �.. d. �.N I.. ... .. .��. Irv.. ,.i v ?06676 B-798 G-105 10/33 /9 06:45A PG Z OF .3 WRZ rAS, City Council Wishes 'Co affirm those recommendations as rendered by the Historic Praservazion Commission and Planning and Zoning Commission and complete the Landmark Designation process; and rREREA6, the property owner shall receive a $2,000 landmark designation grant, for which the property is eligible, and may Seek other incentives available for historic landmarks. NOW TEBREpORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or ;I -SPEW, COLORADO: £ Aft ion i That tha property at= 935 E. Hyman Avenue, Lot 1 of the Sund Lot Split, Block 35, East Aspen Addition ba granted "H," Historic Landmark Designation. Section 2 That the Zoning District Map be amended to reflect the rezoning Described in Section 1 and the Planning Director shall be authorized and directed to amend said map to reflect. said rezoning. Z-actipn 3 That' the Co=unity Development Director shall be directed to notify the City Clerk of such designation, who shall record among the real estate records of the Pitkin County Cleric and Recorder's Office a certified copy of this Ordinance. Cection t That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall ba deemad a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 2 :366,576 B-798 P-186 :0/31/95 08;45A F'G 3 OF �f �ctlo�s That a public hearing on the Ordinance shall be held on the 25th day of September, 1995, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, RrxD AND ORDERED PUSLISRED as provided law by the City Council of the City of Aspen on the 38 day of , 1995. John S. Bennett, Mayor ATTEST Kathryn S. K h, Ci=y clerk )P124ALLY adopted, passed and approved this aCs day of 3.TTFfBT Kathryn Koch, City Clerk 3 --r John S_ Bennett, Mayor tau;•ysl,„.{ L!. 3605i 1. 8 r /9 1.0:24 sec $25.0C.) 722 PG 578 �t / . 1 311Vi:a vi�, F'it�A'I Cnty C1er"k:, Dac ORDINANCE N0.43 (S`.:RIES OF 1993) API ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE SUND LOT SPLIT (LOTS D,E,F AND G, BLOCK 35, EAST ASPEN ADDITION) WHEREAS, Section 24-7-1003.A.2 of the Aspen Municipal Code provides for City Council approval for lot splits as Subdivision Exemptions and Section 24-6-207 allows vested rights for a period of three years; and i+TiIEREAS, the Applicant, Mei:ropolis Investment Incorporated, submitted an application for a lot split to the Planning Office; and WH�'REAS, the City Engineering office has provided referral comments on the proposed lot split; and WHEREAS, the Historic Preservation Committee of the City of Aspen has recommended that the western portion of the subject property be considered for historic landmark designation because of a large boulder which has been identified as an historic survey marker for early mining claims in Aspen; and WHEREAS, the lot split .approval as requested by the applicant shall not foreclose or limit any future action regarding the parr:el's designation as an historic landmark; and WHEREAS, the Planning Office reviewed the proposed lot split pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code and the comments received from Engineering and recommends approval of the Subdivision Exemption for a lot split with conditions; and WHEREAS, the Aspen City Council having considered the Planning office's recommendations and section 24-7-1003.A.2 of the Aspen 1 4n r. •5� �-%: 08/ 31 /9Z 10: 24 Pec $25. 00 91;. PG 577 + JI 1.vi 1 :1,2v.L°�� Pitkin r.nty Clerk, Doc 7.r.)O Municipal Code does wish to grant the Subdivision Exemption for she Sund lot split. NOW, THEREFORE, BE IT OrDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOPADO: Section 1: That it does hereby grant Subdivision Exemption approval for a lot split pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code subject to the following conditions: 1) If the BLM survey monument on the boulder is to be relocate , it must be done so by a registered surveyor in accordance with applicable state statutes. 2) To help preserve character of the streetscape, the old roc:L wall must remain where it currently exists in the public right -of' --way. 3) The encroaching wood and wire fences in the Hyman Street right-of-way must be removed or receive an encroachment license prior to development on the lots. 4) A sidewalk ir: the E. Hyman Ave. right-of-way must be constructed at the time of development of the parcels. 5) The parcels shall meet storm run-off requirements of Sec. 24- 7-1004.C.4.f. at the time of development. 6) If the boulder or part of the boulder is mo-1,ed, an ^xcavation permit is required. 7) Any work in the public right-of-way including landscaping shall c'jtain permits from the City Streets Department. �) All material representations made by .the applicant in the application and during public meetings with the City Council shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. 9) The new Subdivision Plat and Subdivision Exemption Agreement must be recorded with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so will render the subdivision exemption approvals invalid. Section 2: Pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council does hereby grant the applicant vested rights 2 �✓• .... .. _ . .�. _rlr.:.`i! '. J�, yl! ! li . `s •'y r w Fi.�tir. I s 0(,)c ^c 000 722 PG 580 Si:. �, a D�:v:'_ , F•i t::!i Canty Clerk:, Doc �.!-!'� for the Sung Lot Split as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture orecord vested property rights. Failure to timely and properly all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided In Ordinance shall exempt the site specific develoi_ient plan from subsequent reviews and or «ppi-ovals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested pYopert e u at onslwhich preclude the application of ordinances or g are general in nature and are applicable to all property subject to land use regulateion by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical odes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Sectior__3: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the c Article ion o68a vested property right pursuant to T't_e 24, Colorado Revised Statutes, pertaining to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. section 4: A public hearing on the Ordinance shall be held on the day ofC"L�%; 1993 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior 3 110:24 Rec $25 *22 PG 5131 1 v i a Davi s , Ri tl.:in Cnty C1 erJ:: Doc $- to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the city Council of the City of Aspen on the day of (21 1993. .......... John Bennett, Mayor Rathryn Koch, city Clerk FINALLY, adopted, passed and approved this day of 1993. John Bennett, Mayor ryn -x0cn, city Clerk 4 • council E=hibit� Approved _ 1—�L�` ' By ordinance i 22 FG e 7 Si viz. Davis, P'.t_kin Cnty Cler4 , Do' :F; _ �i� �- v it ; AVE .L. J. CA' — - s7e*o3'1 1•e •1110 co ' _i I, ��,: (\AI wl ILA1. fA/ L■ J.JOJ IV i - MCI w.11 I n�rg"tea alsf W ,d�p�ox►t�n� J.I I i a HE STD/ff I O MOUSE 11 I I I I 1 11 •I a rli. .DMC. VALI 0 5HE'I OR� I � I E ------ �� Lf [.JCJ N N 75. 09.1( W 120.00 Ff A L LEY - 33 LOCK - 35 E 4000c 1 , SILVIA DAVIS t:/ 16 / 1996 P I TK I N COUN'rY 10:43A PG 1 OF 31 CLERK X RECORDER • REC 16.00 ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE DOC hio-r THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered into this g) day of October, 1996, by Richard Kent ("Ownee') for itself, its successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation, and the Aspen/Pitkin County Housing Authority, a mufti -jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTER- GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WHEREAS, Owner owns that parcel of real property located at 935 East Hyman, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 1, Kentco Lot Split, Block 35, East Aspen Township, upon which is situate a duplex which each shall contain a studio, 1�00 net livable square foot accessory dwelling unit ("Units"); and WHEREAS, Owner agrees to accept and impose certain conditions on its use and occupancy of the Units as accessory dwelling units under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Owner hereby covenants and agrees as follows: 1. The Units, as identified hereinabove, shall not be condominiumized and, if rented, shall be rented only in accordance with the guidelines as adopted and as may be amended from time to time by the Authority governing "resident -occupied" dwelling units. 2. Owner need not rent the Units; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting the Units. An executed copy of all leases for the Units shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non -complying tenants. 40VJ1 lc:/1b/1'3`3b 10 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Owner has placed its duty authorized signature hereto on the date as described above. OWNER: l Richard Kent Mailing Address: 935 East Hyman Aspen, CO 81611 STATE OF ss. COUNTY The foregoing instrument was acknowledged before me thisa day of October, 1996, by Richard Kent. WITNESS MY hand and official seal. r! Oaryirloa.�Iw My Commission expires: Date '• `' OF "D Notary Public 2 40002'1 06/1996 10: 43A PG 3 OF 30 ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY .z By: - � tz E izabeth Krizmanich, Chairperson Mailing Address: 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of November 1996, by Elizabeth Krizmanich. WITNESS MY hand and official seal. My Commission expires: ��-'Oj Date VVV- o r Notary Public d�I�g Ankent.adu s •• •,.• l�lEOFG 3 1�/ 1'-10 0 10 20 LEGEND AND NOTES O FOUND SURVEY MONUMENT AS DESCRIBED Z� SURVEY CONTROL p SET SET NO.4 REBAR WITH CAP L S. 25947 BEARINGS BASED ON CITY MONUMENTS FOR THE NORTHEAST CORNER OF BLOCK 35 E.A.T. AND THE NORTHWEST CORNER OF BLOCK 111, {ASPEN TOWNSITE: N 75"09'11'W BUILDINGS UNDER CONSTRUCTION 10/97 LOTS A AND B ARE SUBJECT TO THE ENCROACHMENTS FOR ANY IMPROVEMENTS, AS DEFINED BY THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE LITE NO. 4 TOWNHOMES, INCLUDING BUT NOT LIMITED TO FOOTINGS EAVES, DRAINS, OUTWARD OPENING WINDOWS AND DOORS BALCONIES OR ANY OTHER EXTERIOR FEATURE CONSTRUCTED TO OVERHANG OR EXTEND OVER EITHER OF LOTS A AND B. U.S.L.M. UTE NO.4 TERMS, CONDITIONS( OBLIGATIONS AND RESTRICTIONS AS SET FORTH IN CITY OF ASPEN ORDINANCE NO. 44 (SERIES OF 1965) DESIGNATING PROPERTY AS AN HISTORIC LANDMARK; RECORDED OCTOBER 31, 1995 IN BOOK 798 AT PAGE 104 AS RECEPTION NO. 386876. LOTS A AND B ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.40.090 OF THE CITY OF ASPEN MUNICIPAL CODE RECORDED ON DECEMBER 16 1996 AS RECEPTION NO. 400021 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. IN ADDITION TO ALL OF THE OTHER TERMS AND CONDITIONS CONTAINED IN THE ACCESSORY DWELLING UNIT DEED RESTRICTION, THE ACCESSORY DWELLING UNITS MAY NOT BE CONDOMINIUMIZED TITLE INFORMATION FURNISHED BY: STEWART TITLE OF ASPEN, INC. ORDER NO. 0023702-C2 DATED: APRIL 22, 1997 ALL PERTINENT INFORMATION IN THE ABOVE TITLE COMMITMENT IS SHOWN HEREON ® GAS NETER m ELECTRIC METER ® EXISTING OR PROPOSED DRY WELL UNABLE TO SET ANGLE POINTS ON BOUNDARY LINE BETWEEN LOTS A AND B, THE WALLS BEST REPRESENT THE BOUNDARY LINE. CHATEAU BLANC CON VICINITY MAP N.T S. TOWNHOUSE PLAT OF THE UTE NO. 4 TOWNHOMES SITUATED ON LOT 1, KENTCO LOT SPLIT, RECORDED AS RECEPTION NO 366655, IN PLAT BOOK 33 AT PAGE 82, ON FEBRUARY 7, 1994 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY COLORADO, AS APPROVED BY ORDINANCE NO' 43L THE SUND LOT SPLIT RECORDED AS RECEPTION NO. 360555 IN BOOK 722 AT PAGE 778 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY COLORADO. CONTAINING 6,000 SO. FT. •/- (0.138 ACRES) ♦4 REBAR r ADU PARKING SPACE Y!°i Si 41 8 . 5 X 18 Le St 'Win Ad p°w Aspen SnuLJ1°" 1IN A4lsi�5° Q VA..Si SITE 3r_74'4f4r` n NOTICES ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT STAMPED WITH THE SEAL OF THE RECEIVED OCT 2 U 1997 ASPEN / t'I I KIN COMMUNITY DEVELOPMENT G� jNRYDEVEL­,;_, 2 94 REBARS t'-'4ST 8o RowAVpAi CONC. WALK 3rONE WALL 20 °e 7 . LOT A 3067 SQ. FT. I U.S-L.M. UTE NO. 4 l SEE NOTE / CONC. ` WALK a. Jz PORCH d / I 2,5 METERS AND HATER METER -� / DECK COAL DR / VE SET :POR:CH;-- 'Y' O. W Pd %1[ O PvT lE Y r O � o _ - r tE IL®T B 2933 SQ. FGRAVEL DRIVE / i 1 BL 0 Ck 20 3 5 Row T SET S 2 WATER VALVES SET ROOF OVERHANG TYPICAL STONE FACIA 2 GAS METERS AND REMOTE WATER METER LOT 2 KENTCO LOT SPLIT ADU PARKING SPACE 8.5 X 18' CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL PERSONS BY THESE PRESENTS THAT KENTCO LIMITED PARTNERSHIP AN ILL INo' S LIMITED PARTNERSHIP, BEING THE OWNER OF ALL THE REAL PROPERTY SITUATED IN THE CITY OF ASPEN; PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LOT 1 KENTCO LOT SPLIT, RECORDED AS RECEPTION NO 366655 IN PLAT BOOK 33 AT COGORAD6,OASFEBRUARY APPROVED76Yl994 OF ORDINANCEEREAL NO. 43ESTHEESUNDORDS O� LLOT SPLRECORDED PITKIN IT, COUNTY AS RECEPTION NO. 360555 IN BOOK 722 AT PAGE 678 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY COLORADO. HAVE BY THESE PRESENTS LAID OUT PLATTED AND SUBDIVIDED THE SAME INTO THE LOTS AS SHOWN ON THIS PLAT UNDE4 THE NAME AND STYLE OF THE UTE N0. 4 TOWNHOMES SUBJECT TO TERMS CONDITIONS RESTRICTIONS AND PROVISIONS OF THE DECLARATRECORDEDION OF THE COVENANTS 1997 ASDRECEPTIONIONS N0.T0 THE LITE N0. 4 OFTHE TOWNHOMES REAL ESTATE RECORDS OF PITKIN COUNTY COLORADO. KENTCO LIMITED PARTNERSHIP AN ILLINOIS LIMITED PARTNER 5H{P BY RICHARD KENT, AS CHAIRMAN AND C.E.O. OF KENTCO CAPITAL CORPORATION A DELAWARE CORPORATION, GENERAL PARTNER 6F KENTCO LIMITED PARTNERSHIP STATE OF 1 I SS. COUNTY OF 1 THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1997 BY RICHARD KENT AS CHAIRMAN AND C.E.O. OF KENTCO CAPITAL CORPORATION A DELAWAAE CORPORATION; GENERAL PARTNER OF KENTCO LIMITED PARTNERSHIP. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC CITY ENGINEERS APPROVAL THIS PLAT OF THE UTE NO. 4 TOWNHOMES WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS AY OF 1997. CITY ENGINEER COMMUNITY DEVELOPMENT APPROVAL THIS PLAT OF THE UTE NO 4 TOWNHOMES WAS APPROVED BY THE CITY PLANNING DIRECTOR OF THE CITY OF ASPEN THIS Ay OF 1997. DIRECTOR SURVEYORS CERTIFICATION ?QOt1'w JOHN HOWORTH, DO HEREBY CERTIFY AS FOLLOWS: THAT I AM A CITY MONUMENT PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF NORTHEAST CORNER COLORADO: THAT THIS PLAT IS TRUE; CORRECT AND COMPLETE AS LAID OUT; BLOCK 35 PLATTED AND SHOWN HEREON: THAT THIS PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY SHOWN HEREON BY ME OR UNDER MY DIRECT SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSION OF THE LOTS AND TRACTS OF THE UTE NO. 4 TOWNHOMES AS THE SAME ARE STAKED UPON THE GROUND: AND THAT THIS PLAT MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRS 38-51-102 AND OF A PLAT AS SET FORTH IN CRS 38-33.3-209. SURVEY PRECISION IS GREATER THAN 1:10)000. UTILITIES, EASEMENTS SHOWN ON THE COMMITMITMENT ARE SHOWN. DATED OCTOBER 16, 1997. BY: JOHN HOWORTH P.L.S 25947 TITLE EXAMINER S CERTIFICATION THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE OF ASPEN INC. REGULARLY DOING BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERTI�Y THAT THE PERSON LISTED AS OWNER ON THIS PLAT DOES HOLD �EE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN FREE AND CLEAR OF ALL LIENS, 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 GUARANTEE, OF TITLE AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE OF ASPEN; INC. NEITHER ASSUME NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN . STEWART TITLE OF ASPEN, INC. 620 E. HOPKINS ASPEN, COLORADO 81611 SIGNED: BY: -- STATE OF COLORADO ) I ss COUNTY OF PITKIN THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 1997EL BY REPRESENTATIVE OF STEWART TITLEOF ASPEN, INC.. NOTARY PUBLIC CLERK AND RECORDERS CERTIFICATE THIS PLAT OF THE LITE NO. 4 TOWNHOMES IS ACCEPTED FOR FILING IN THE THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS —DAY OF 1997, IN PLAT BOOK __ AT PAGE AS RECEPTION NUMBER SILVIA DAVIS, CLERK AND RECORDER PITKIN COUNTY, COLORADO SHEET I OF I PREPARED BY ASPEN SURVEY ENGINEERS/ INC 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB