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HomeMy WebLinkAboutcoa.lu.co.729/731 Cemetery Ln.A106-89p,NANClhr 30 �29/731 Cegtjr Lane,Subdivision xemption- on ominiumization 2735-122-00-009 106A-89 r C( ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street 4 Aspen, Colorado 81611 A " (303) 920-5090 16 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL Name- .�� 'SPY? CJn Q %1 VPS� Phone: Address: i ✓r ft ' �� �� Project: Check # Date: Additional billing: #of Hours. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 1149489 DATE COMPLETE: PARCEL ID AND CASE NO. 2735-122-00-009 106A-89 STAFF MEMBER- PROJECT NAME: 729/731 Cemetgry Lane Subdivision Exemption for Condominiumization Project Address: 729/731 Cemetofry Lane Legal Address: Metes and Bounds APPLICANT: Aspen One Investment Partners c/o Douglas Weiser Applicant Address: Herron/Wiser Realty Enterprises REPRESENTATIVE: Representative Address/Phone:_ 630 E. Hyman Aspen, CO 81611 5-6088 ------------------------- PAID: YES NO AMOUNT: $780.00 NO. O COPIES RECEIVED: 2 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO / CC Meeting Date I ( PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City 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: //// 6 /6I INITIALS: 0&,111r FINAL ROUTING: City Atty Housing FILE STATUS AND DATE ROUTED -S ,3 I O INITIAL: ('r City E ineer Zoning Env. Health Other: LOCATION: �� SUBDIVISION EXEMPTION AGREEMENT FOR CONDOMINIUM UNITS NUMBERS_729 AND 731, THE IRONWOODS, A CONDOMINIUM THIS AGREEMENT is made this lj day of �"ttiCC� t(5-�- , 1990 between ASPEN ONE INVESTMENT PARTNERS, a Colorado limited partnership, (the "Owner"), and the CITY OF ASPEN, a municipal corporation, (the "City"). RECITALS A. Owner owns that certain real property, (the "Property"), located in the City of Aspen, County of Pitkin, legally described on Exhibit "A" attached hereto. B. On June 14, 1990, the City Council of the City of Aspen granted approval pursuant to §7-1007 of the Municipal Code of the City of Aspen, the ("Code"), to condominiumize the Property into two (2) condominiums known as the Ironwoods Condominiums, Unit 729 and Unit 731. C. The approval of such condominiumization by the City was conditioned upon the Owner complying with certain requirements, including the entering into the execution of a Subdivision Exemption Agreement for the Property. D. The Owner has submitted to the City for approval, execution and recordation a plat for the Property, (the "Plat"), and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the provisions of the Code and other applicable rules and regulations. 0 0 E. The City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owner and the Owner's successors and assigns. F. The Owner is willing to enter into such agreement with the City and to provide assurances to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Description of the Condominium. The Condominium which the City Council approved consists of two (2) units which shall be know as Unit 729 and Unit 731, the Ironwoods Condominiums. 2. Acceptance of Plat. Prior to the signature of the City on the plat, the following must be accomplished: a. The plat shall be reviewed and approved by the Engineering Department; b. A certified engineer must determine that historic runoff shall be maintained; C. The condominium units described in paragraph 1 above shall be subject to a recorded deed restriction for the benefit of the City and as approved by the Aspen/Pitkin County Housing Authority and which shall require any lease for the subject condominiums to be for a term of not less than six (6) months, except two (2) - 2 - LO r• Q, Q1 1'�J d cn v < Ln Ln n -o r• r• n ,o rt 7? M n n ro r••3 I cn o M n w 0• LA 0 shorter lease terms shall be permitted per unit per year; and d. An affordable housing impact fee shall be paid in the amount of sixteen thousand one hundred ($16,100.00) dollars to the Aspen/Pitkin County Housing Authority with a receipt given to the Finance Director and Planning Office. 3. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing: To Owner: Aspen One Investment Partners c/o Douglas J. Weiser Herron/Weiser Realty Enterprises 601 East Hyman Avenue Aspen, Colorado 81611 To City: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 With a copy to: Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 1. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 2. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 3. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ' - 3 - to # r• !1J �- (A < to d 0 < r• \ Ln in \ r• r-+ rr n -0 rt T ro n n r {p r0 tJ I Ln d a n GI C 1] ATTEST: CITY: r Kathryn S Koch, City Clerk Approved as to form: THE CITY OF ASPEN, a municipal corporation By /`V'e' o William L. St rling, May - C-- -- - -- vv� 4/43" � Edward M. Caswall, City Attorney ASPEN ONE INVESTMENT PARTNERS By ougl J. eiser, general partner STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The Qregoing instrument was acknowledged before me this day of , 199� by William L. Stirling, Mayor, and Kathryh S. Koch, City Clerk, of the City of Aspen. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) #AyC ivrj ion expires 9/27rJ2. Not y Public The foregoing instrument was acknowledged before me this j 29 day of At.( ck Usk , 1990 by Douglas J. Weiser, general partner, of Aspen One Investment Partners. Witness my hand and official seal. My commission expires: Notary Public mjh: soisc613 kag - 4 - < H. p� 0j t� cn 0 ti 0 < r• � in 0 to ,0 rr n `0 rt M n n r {p tD r••) -5 Ln 0 W 0 0 ATTEST: CITY: Kathryn S. Koch, City Clerk Approved as to form: THE CITY OF ASPEN, a municipal corporation By William L. Stirling, Mayor { - yyl Edward M. Caswall, City Attorney OWNER: ASPEN ONE INVESTMENT PARTNERS By ougla/s J. Weiser, general partner STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1990 by William L. Stirling, Mayor, and Kathryn S. Koch, City Clerk, of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) , +) The foregoing instrument was acknowledged before me this day of 1990 by Douglas J. Weiser, general partner, of Aspen One' Investment Partners. Witness my hand and official seal. My commission expires: Notary Pubic mjh:aoise613.kag - 4 - EXIiIBIT "A" CO r• Q. 2 r•a CR v < •A r• \ 0 'n ,a rt - 77 t r• Q. -p rt n n A tract of land situated in Lot 12, Section 12, Township 10 r� South, Range 85 West of t-he Sixth Principal Meridian, being cn a portion of that certain tract of land described in Book 183 at Page 271 in the office of the Pitkin County Clerk and o Recorder, described as follows: Beginning at a point- on the n T southerly line of said certain tract of land whence the Southeast *Cl% corner thereof bears N. 76°2G' E. 177.70 feet; thence S. 76*26' W. ^, W 122.30 feet to the Southwest corner of said certain tract of land; thence N. 13034' W. 200.00 feet to the Northwest corner of said ei certain tract of land; thence N. 76°26' E. 81.00 feet along the northerly line of said certain tract of land; thence S. 25°14' E. W 204.22 feet to the point of begii-ming. Togegier with that certain Easement recorded September 1, 1988 in Book 572 at Page 384. e�W �. i��.�j�- 43316^6 04/0 /91 16:50 Rec. 15.0C) 13K: 643 PG 370 Silvia Davis-,, Pi t I.::i n Cnty Cl er•I<: , Doc DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR IRONWOODS, A CONDOMINIUM Aspen One Investment Partners, Ltd. ("Covenator"), for it, its successors, and assigns, in consideration of the granting of a Subdivision Exemption for the condominiumization of the following described property, hereby covenant with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby do restrict such property, as follows: 1. Covenantor is the owner of the following described property (the "Property") together with the improvements situated thereon in the City of Aspen, County of Pitkin, State of Colorado: As per Exhibit "A" attached hereto, Hereafter, Unit 729 and Unit 731 Ironwoods, A condominium, City of Aspen, Pitkin County, Colorado, as shown on the Condominium Map recorded in Plat Book at Page as Reception No. , and subject to the terms, conditions and obligations of the Condominium Declaration for Ironwoods, A Condominium recorded in Book at Page as Reception No. 2. The existing two units comprising Ironwoods, A Condominium shall be and are hereby restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per; calendar year, pursuant to Section 7-1008 (A) (1) (b) (1) of the Aspen Municipal Code, as amended. 3. The covenants contained herein may be changed modified or amended by the recording of a written instrument signed by the record owners of the Property and Mayor of the City of Aspen pursuant to a vote taken by the City Council. 4. The covenants contained herein shall run with the land and shall be binding upon all parties having any right, title or interest in the Property or any part thereof and their heirs, representatives, successors and assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 5. The covenants contained herein shall not be released or waived in any respect during the period they are binding without the prior written consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 0 U ' covenants, restrictions and conditions, the prevailing party shall be entitled to recover its fees and costs incurred thereby, including its reasonable attorneys' fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this 5th day of April, 1991. Aspen One Investment Partners Limited, A Colorado Limited Partnershi by: Douglas .� Weiser General Partner The foregoing Declaration was acknowledged before me this 5th day of April, 1991 by Douglas Weiser as general partner for Aspen One Investment Partners, Ltd. WITNESS my hand and official seal. My commission expires: Notary Public #3 526 C)4/1 05/91 1.6: 5C; Rec $1.5. (ji; 643 PG 369 Silvia Davis, Pitk:in Cnty Clerl::, Dt;c: 11 EXHIBIT "A" #:3:31626 c_i4/05/41 Silvia Davis, 16: 50 Re c �15. riri PitF:64.3 .in Cnty Clerk., Doc $.0 FC, 3?1 cJ rJ A tract of land situated in Lot 12, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, being portion of that certain tract of land described in Book 183 at Page 271 in the office of the Pilkin County Clerk and Recorder, described as follows: Beginning at a point on the southerly line of said certain tract of land whence the Southeast corner thereof bears N. 7602G' E. 177.70 feet; thence S. 76°26' W. 122.30 feet to the Southwest corner of said certain tract of land; thence N. 13034' W. 200.00 feet to the Northwest corner of said certain tract of land; thence N. 7G°26' E. 81.00 feet along the northerly line of said certain tract of land; thence S. 25°14' E. 204.22 feet to the point of begirming. Toget)ier with that certain Easement recorded September 1, 1988 in Book 572 at Page 384. Y 4-t) • • MEMORANDUM TO: Mayor and Council N/ THRU: Bill Efting, Acting City Manager �1V FROM: Leslie Lamont and Amy Margerum, Planning RE: Ironwoods, 729/731 Cemetery Lane Subdivision Exemption for condominiumization, First Reading Ordinance DATE: April 9, 1990 SUMMARY: The Planning staff recommends approval, on first reading, of Ordinance approving the subdivision exemption for condominiumization of Ironwoods, 729/731 Cemetery Lane, Lot 12, a duplex. COUNCIL GOALS: The condominiumization of Ironwoods complies with Goals 14 and 15. PROBLEM DISCUSSION: Pursuant to Section 7-1007 condominiumization is exempt from subdivision and shall be reviewed by the Council. The applicant proposes to condominiumize a newly constructed duplex. Section 7-1008 A of the Land Use Code requires the following for the condominiumization of a residential building: a. Existing tenants must be notified that the units are for sale. There are no existing tenants as this is a newly constructed building. b. Minimum lease period restricted to six month minimum leases, with no more than two shorter tenancies per year. According to the application, Ironwoods, 729/731 Cemetery Lane will be restricted by agreement between the applicant and the City of Aspen to six month minimum lease, with no more than two shorter tenancies per year. This agreement will be duly recorded in the real estate records of Pitkin County to ensure compliance with the lease restriction and evidences the applicant's compliance with the minimum lease requirements of the Code as required by Section 7-1008 (B)(2)(c)(2). c. Affordable Housing Impact Fee. The applicant shall pay an impact fee of $8,050.00 per unit for a total of $16,100.00 as required for three -bedroom or larger dwelling units. d. Inspection of the proposed condominium by the Building Department. Throughout the construction process the building has been inspected by the Building Department. The project will be subject to a final inspection pursuant to the issuance of a Certificate of Occupancy. • • Please see attached referral comments from Engineering. RECOMMENDATION: Staff recommends approval of the condominiumization of 729/731 Cemetery Lane with the following conditions: 1. Prior to signature of the final plat - a. the plat shall be reviewed and approved by the Engineering Department; b. a registered .engineer must determine that historic runoff shall be maintained; C. 729/731 Cemetery Lane shall be restricted by an approved and recorded, with the Housing Authority, deed restriction to provide six month minimum leases, with no shorter tenancies per year; d. an affordable housing impact fee shall be paid in the amount of $16,100.00 to the Housing Authority with a receipt given to the Finance Director and Planning Office. PROPOSED MOTION: I move to read Ordinance No. , Series of 1990. I move to adopt Ordinance No. on first reading with conditions as outlined in the Planning Departments memo. CITY MANAGER COMMENTS: Attachments: Ordinance No. Engineering Referral Comments ceme.cc • 0 lu1:4uce)IINIzIbig) ul TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department --P2 DATE: April 3, 1990 RE: Ironwoods Condominiumization Having reviewed the above application and made a site visit, the Engineering Depatment has the following comments: 1. The above plat is deficient in the following areas: a. Needs certificates showing approval by City Engineer, Planning Director, and City Council with signature by the Mayor and attestation by City Clerk. b. Needs to show monuments that have been set. c. Survey certificate needs to have statement that the survey was performed in accordance with the Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time. d. Survey certificate needs to have statement that survey balances and closes within one (1) in ten thousand (10,000). 2. A registered engineer must determine that historic runoff shall be maintained. Although a drainage report has been submitted, calculations which confirm that the historic runoff would be maintained were not included. jg/ironwood cc: Chuck Roth 0 0 CLOSE OUT SUMMARY SHEET FOR 729/731 CEMETERY LAND SUBDIVISION EXEMPTION - CONDOMINIUMIZATION The condominiumization application was approved by the City Council May 14, 1990. Ordinance 30 was adopted with the following conditions: 1. Prior to the signature of the final plat - a. the plat shall be reviewed and approved by the Engineering Department; b. a certified engineer must determine that historic runoff shall be maintained; C. 729/731 Cemetery Lane shall be restricted by approved and recorded, with the Housing Authority, deed restrictions to provide six month minimum leases, with not more than two shorter tenancies per year; and d. an affordable housing impact fee shall be paid in the amount of $16,100.00 to the Housing Authority with a receipt given to the Finance Director and Planning Office. TO: Mayor and Council THRU: Carol O'Dowd, City Manager / / THRU: Amy Margerum, Planning Director FROM: Leslie Lamont, Planner RE: Ironwoods, 729/731 Cemetery Lane Subdivision Exemption for Condominiumization, Second Reading Ordinance 30 DATE: May 14, 1990 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant has requested a subdivision exemption for condominiumization of Ironwoods, 729/731 Cemetery Lane, Lot 12, a duplex. Staff recommends approval of Ordinance 30 (Series of 1990) on second reading. COUNCIL GOALS: The condominiumization of Ironwoods complies with Goals 14 and 15. PREVIOUS COUNCIL ACTION: At the April 23, 1990 meeting Council adopted Ordinance 30 granting subdivision exemption for the condominiumization of 729/731 Cemetery Lane, Lot 12. PROBLEM DISCUSSION: Pursuant to Section 7-1007 condominiumization is exempt from subdivision and shall be reviewed by the Council. The applicant proposes to condominiumize a newly constructed duplex. Section 7-1008 A of the Land Use Code requires the following for the condominiumization of a residential building: a. Existing tenants must be notified that the units are for sale. There are no existing tenants as this is a newly constructed building. b. Minimum lease period restricted to six month minimum leases, with no more than two shorter tenancies per year. According to the application, Ironwoods, 729/731 Cemetery Lane will be restricted by agreement between the applicant and the City of Aspen to six month minimum lease, with not more than two shorter tenancies per year. This agreement will be duly recorded in the real estate records of Pitkin County to ensure compliance with the lease restriction and evidences the applicant's compliance with the minimum lease requirements of the Code as required by Section 7-1008 (B) (2) (c) (2) . c. Affordable Housing Impact Fee. The applicant shall pay an impact fee of $8,050.00 per unit for a total of $16,100.00 as required for three -bedroom or larger dwelling units. 0 40 d. Inspection of the proposed condominium by the Building Department. Throughout the construction process the building has been inspected by the Building Department. The project will be subject to a final inspection pursuant to the issuance of a Certificate of Occupancy. Please see attached referral comments from Engineering. RECOMMENDATION: Staff recommends approval, on second reading, of the condom iniumization of 729/731 Cemetery Lane with the following conditions: 1. Prior to signature of the final plat - a. the plat shall be reviewed and approved by t:ie Engineering Department; b. a registered engineer must determine that historic runoff shall be maintained; C. 729/731 Cemetery Lane shall be restricted by an approved and recorded, with the Housing Authority, deed restriction to provide six month minimum leases, with not more than two shorter tenancies per year; d. an affordable housing impact fee shall be paid in the amount of $16,100.00 to the Housing Authority with a receipt given to the Finance Director and Planning Office. PROPOSED MOTION: "Move to adopt Ordinance No. 30, Series of 1990, on Second Reading. "Move to approve Ordinance No. 30, Series of 1990, on second reading. CITY MANAGER COMMENTS: Attachments: Ordinance No. 30 Engineering Referral Comments ceme.cc FY MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office RE: 729/731 Cemetery Lane Subdivision Exemption for Condominiumization DATE: November 16, 1989 Attached for your review and comments is an application from Doug Weiser for Condominiumization of 729/731 Cemetery Lane. Please review this application and return your comments no later than December 4, 1989. Thank you. ASPEN ONE INVESTMENT PARTNERS, LIMITED August 18, 1989 City of Aspen 130 South Galena Aspen, Colorado 81611 To Whom It May Concern: This application for condominiumization is made by Aspen One Investment Partners, A Colorado Limited Partnership, located c/o Herron/Weiser at 630 East Hyman, Suite 1, Aspen, Colorado 81611. As the General Partner for the Partnership, I am the authorized agent, located at the above address. Please note that although title to the property in question was taken in the name of Slam Dunk Development, that partnership subsequently changed its name to Aspen One Investment Partners. Because this project is currently under construction, no condominium documents currently exist. When such documents are prepared, they will contain language to the effect that in the event that either of the units are rented, they shall be restricted to six month minimum leases. Thank you for your consideration. Cordially, Douglas Weiser General Partner, Aspen One Investment Partners a - 9 a • ATIAQll4U" 1 • LAND USE APPLICATION MUM 1) project Name Golf Course Duplex , "Ironwoods" 2) Project Location 729 and 731 CemcLery Lane Lot 12, Section 12 (see attached copy of legal description) (indicate suet address, lot & block nmiber, legal description where appropriate) 3) Present Zing R -1 5 4) Lot Size 20,340 s q. f t. 5) Applicant's Name, Address & Phone # Aspen One Investment Partners, Ltd. c/o Herron/Weiser Realty Enterprises, 630 East Hyman, Aspen 81611 925-6088 6) Representative's Name, Address & phone # D o u g l a s W e i s e r Herron/Weiser, 630 E. Hyman, Aspen, 81611 925-6088 7) lype of Application (please aiec3- all that apply)- Conditional. Use Conc:eptual SPA Conceptual Historic Dev. Special Review Final SPA Final historic Dev. 8040 Greenline Conceptual IUD Minor Historic Dev. Stream Margin Final FUD Historic Demolition Nkxmtain View Plane Subdivision Historic Designation X Condominiumi 7ation Text/Map Amendment CKY S Allotment Lot Split/Lot Line GM�S motion Adjustment 8) Description of Existing Uses (r=i --r and type of existing ems; approximate sq. ft. ; r m ter of bedrooms; any previous approvals granted to the Party) Duplex under construction 4 bedrooms each, approx. 3000sf of living space 9) Description of Development Application 10) Have you attached the following? Response to Attachment 2, Minimum Submission Cmtents k Rye to Attachment 3, Specific Submission Contents d use to Attachment 4, Review Standards for Your Application M�z � z Ha w AI N E W�z a 44 0 134 O x� �WA c.� w 0 CC w LL- 0 w w t.") w ono 599 PAsE498 .- y�3.41;y� CERTIFICATE OF AMENDMENT OF r Z0 '2 rii u CERTIFICATE OF LIMITED PARTNERSHIP i ATE OF HPARTS`47 STg- SLAM DUNK DEVELOPMENT, LTD. A Colorado limited partnership THIS CERTIFICATE OF AMENDMENT of Limited Partnership of SLAM DUNK DEVELOPMENT, LTD., a Colorado limited partnership, hereinafter the "Partnership," is executed in conformity with Colorado Revised Statute 7-62-202. 1. Name of Partnershin: The name of the Partnership is Slam Dunk Development, Ltd. 2. The Date of Filing of the Original Certificate: The date of filing of the original certificate was March 16, 1989. 3. The Amendment to the Certificate of Limited Partnership is as follows: a. Name of Partnership: The name of the Partnership is aspen One Investment Partners, Limited, a Colorado limited partnership. b. The Name and Business Address of the General Partner: The name and business address of the General Partner is: Douglas Weiser 450 South Galena Street Suite 201 Aspen, Colorado 81611 IN WITNESS WHEREOF, the General Partner has executed this Certificate of Amendment of Limited Partnership. i AUG 15100 T STATE OF COLORADO ) COUNTY OF PITKIN SS. GENERAL PARTNER Dougl,&s Weiser The foregoing Certificate of Amendment of Limited Partnership for Slam Dunk Development, Ltd., was acknowledged before me this Recorded at� o'cloe.k M 2 fiecepbon No � I L 1 SILVIA DAVIS PITKIN COUNTY RECORDER I_ day of April, 1989 by Douglas Weiser, and affirms under penalty of perjury that the facts stated herein are true to the best of his knowledge and belief. i' Witness my hand and official seal. My commission expires: ! � '\K: j ' weipa417.cor Notary Public 2 r 7Laqij) ers itle _ y Insurance C ration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE A -LOAN POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURAW- PCT-3556 08/15/89 z 9:30 a.m. S 1,200,000.00 00-051867 1. NAME OF INSURED: PITKIN COUNTY BANK AND TRUST COMPANY 2. THE ESTATE OR INTEREST R.EFE`'�.TED TO IERE'T_N IS AT DATE OF POLICY VESTED IN : ASPEN ONE INVEST'.'IT PARTNERS. LIMITED. A COLORADO LIMITED PARTNERSHIP. 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS ENCUMBERED BY THE INSURED MORTGAGE IS: IN FEE SIMPLE 4. THE MORTGAGE. HEREIN R—'PvE'RRED TO AS TIE INSURED MORTGAGE. AND THE ASSIGDII=S THEREOF, IF ANY. ARE DESCRIBED AS FOLLOWS: Deed of Trust from: ASPEN ONE INVES7,1ENT PARTNERS. LIMITED, A COLORADO LIMITED PARTNERSHIP. to the Public Trustee of Pitkin County for the use of PT_TKIN COUNTY SANK AND TRUST COMPANY to secure 81,200,000.00 dated JULY 03. 1989 recorded AUGUST 15. 1989 IN BOOK 599 AT PAGE 500 reception no. 314130 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PLEASE REFER TO EXHHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF PITKIN COUNTY TITLE. INC. L�41 9- 601 E. HOPKINS AVE. COUN ORI AGENT ASPEN. COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SC:�.rr',= MUST AGREE WITH = PREPRINTED NUMBER ON THE COVER SHEET. LTI(' Lfl(' 1:11(' CfIC Lfl('. IJII: U'I(' IJIC IJIt: ITIC ITIC I:fl(: ITIC I:fIC ITIC I:fll' IJIC ITIC ITIC I:fIC 1_fIG ITIC I:fl(: I:fIC I:fI(' 1.1'I('. LI'I(' L11(' 1.11(' Llll' LTII' 00 Litho in U.S.A. 15-0-100-0041/2 EXHIBIT "A" C(D A tract of Land situated in Lot 12, Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian, being a portion of that certain tract of Land described in Book 183 at Page 271 in the Office of the Pitkin County Clerk and Recorder, described as follows: Beginning at a point on the Southerly line of said certain tract of Land whence the Southeast corner thereof bears North 76*26' East 177.70 feet; thence South 76*26' West 122.30 feet to the Southwest corner of said certain tract of Land; thence North 13*34' West 200.00 feet to the Northwest corner of said certain tract of Land; thence North 76*26' East 81.00 feet along the Northerly line of said certain tract of Land; thence South 25`14' East 204.22 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO Lawyers Title Insurance Orporadon LTiC 100.000012 L4aiwers 1tle y Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B-PART I CASE NUMBER DATE OF POLICY P O ER PCT-3556 08/15/89 Cal 9:30 a.m. 67 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements. or claims of easements. not shown by the public records. 3. Discrepancies. conflicts in boundary li.^.es, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown in the public records. 4. Any lien. or right to a lien, for services, labor. or material heretofore or here- after furnished. imposed by law and not shown by the public records. 5. Taxes for the year 1989 not yet due or payable. 6. Reservations and exceptions as contained in United States Patent recorded June 16. 1894 in Book 55 at Page 45 as follows: "Right of the proprietor of a vein or lode to extract and remove his ore therefrom. should the same be found to penetrate or intersect the premises hereby granted. 7. Terms, conditions and obligations of Easement Agreement as set forth in instrument recorded September 1. 1988 in Book 572 at Page 384. EXCEPTI'IONS NUMBERED ARE HEREBY OMITTF_.D. SCHEDULE B-PART II In addition to the matters set forth in Part I of this Schedule. the title to the estate or interest in the land described or referred to in Schedule A is subiect to the following matters, if any shown, but the Company insures that such :ratters are subordi- nate to the lien or charge of the insured mortgage upon said estate or interest: NONE t_!IC LTIC I:II(' I:IIf. LTIC ISIf. I_TIf. ITI(' I.fl(: LTIC LTIC I:fIC 1_!IC 1.lIC I1'IC I_!IC LTIC LTIC I:fIC 1_!IC I_IlG I.ITC 1:1'IC LTIC L!I(' Lfil' LTIC I.11(' I:II(' l.11('. LTI(' orm t( Litho in U.S.A. 35-0-100-0041/2 eooK 57?g l Fztrmrr" ` 'Mills Prc,>erty' A tract of land situated in Lot 12. Section 12, Township 10 South, Range 85 West of the Sixth Principe: Meridian, being a portion of that certain tract of land described in Book 183 at Page 211 in the office of the Pitkin County Clerk and Recorder, descr►bed as follows: Beginning at a point on the southerly line of said certain tract of land whence the Southeast corner thereof bears N.76'26'6. lTT.70 feet; thence S.76'26'W. 122.30 feet to the Southwest corner of said certain tract of larn:; thence N.13034'W. 200.00 feet to the Northwest corner of saiJ certain tract of land; thence N.76926'E. 81.00 feet along the northerly line of said certain tract of land; thence S.25' 141E. 204-22 feet to the point of beginning. 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