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Home My WebLink Aboutcoa.lu.co.729/731 Cemetery Ln.A106-89 ;--- ~ CASE LOAD SUMMARY SHEET City of Aspen DATE RECEIVED: DATE COMPLETE: . 11~9189 )11 '-j /f'r I ' , PARCEL ID AND CASE NO. 2735-122-00-009 106A-89 STAFF MEMBER: l. l PROJECT NAME: 729/731 cemetirv Lane Subdivision Exemotion for Condominiumization Project Address: 729/731 Cemetltrv Lane Legal Address: Metes and Bounds APPLICANT: Asoen One Investment Partners c/o Doualas Weiser Applicant Address: Herron/Wiser Realtv Enterorises REPRESENTATIVE: Representative Address/Phone: 630 E. Hvman Asoen. CO 81611 5-6088 ---------------------------------------------------------------- ---------------------------------------------------------------- PAID: YES NO AMOUNT: $780.00 NO. ~ COPIES RECEIVED: 1 STEP: y/ 2 STEP: 2 TYPE OF APPLICATION: P&Z Meeting Date PUBLIC HEARING: YES NO YES NO YES ~ YES NO Paid: Date: CC Meeting Date )~ VESTED RIGHTS: PUBLIC HEARING: VESTED RIGHTS: planning Director Approval: Insubstantial Amendment or Exemption: ---------------------------------------------------------------- ---------------------------------------------------------------- REFERRALS : ~ city Attorney ~ city Engineer Housing Dir. Aspen Water city Electric Envir. Hlth. Aspen Consolo S.D. DATE REFERRED: /1//f.:,/?9 INITIALS: r/J4 -- --------- ------------------------------------- --- _ HOUSl.ng ~ Other: I"-(~O. G-< . FILE STAWS AND LOCATION: ~ ~ 6 Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other I. / ;,)""'\ "J'C. -; "JI( SUBDIVISION EXEMPTION AGREEMENT FOR CONDOMINIUM UNITS NUMBERS 729 ~ "~/~Como.,.'UM ~ THIS AGREEMENT is made this ~Cj u-s+_, 1990 day of 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 S7-1007 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. :~A. 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. OJ :\I: .... tal .....(A < ... .... 0- !J; II) tJI o ~ ,:;) < -l'> .... "- b1 () '" (J'l "- 'U-o .... .... .... "'.... .... ll' :J .. -l'> n-o ::J ....;0 '< fI) n n .....~ fI) t-.J -; tij ^ . .... () C> o o ttl n ^ ~o- .~ C>(A C> 'U GJ (A 0- ~ 1"""\ .1"*"; 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. Descriotion 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. Acceotance 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 - (()# !-o'. !:.J .....(..1 < .... .... 0- !lJ t-J lO o (ll 0 < .j> .... "- 111 .:) ~ lO "- -o.lJ .... .... IT A~ ,... 0- :J ,. .j> (").lJ :J rt'::O '< llJ n (") .....1Il llJ ,..J -; lij 'A'" .... r~ o o o w n ^ 1IlCl' '01> ~u - -0 G1 '" ~ ''-_........../ , I"'" .,-.,. 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 Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 To City: Aspen City Attorney 130 South Galena Street Aspen, Colorado 81611 1. Bindinq Effect. The provisions of this Agreement shall with a copy to: 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. Severabili tV. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. - 3 - m# "",. (il ....w < ... ~. (to !lI t.J tg t:l ib 0 < .j> ..... "- lJi () . en "- 1J-<l ..... ... (t- -:0:- l-" j...;. 0"- :J .. ... (l-<l :J (t-;:O -< ill n (l ....'" ro t..] , (Jj Au.... .. :5 t:l o to n r:: *0- . .I> 0'" o 1J Gl (,oj 0- 0- regoing instrument was acknowledged before me this ~ '---- " , 199; by William L. Stirling!May~r, S. Koch, c~ty Clerk, of the City of Aspen."./!! . .,; \1.) -.".." '".' ~..\ t.J ,." /, "t:,,;o., , ..[ ~~ i. '/, /. ') ( ~! ,"~- Ii " t"', t'"""\ , ., CITY: ATTEST: THE CITY OF ASPEN, a municipal corporation By ~~4' William L. S rl~ng, May c~ty Clerk Approved as to form: ~WJ '~4No,,\ Edward M. Caswall, city Attorney OWNER: ASPEN ONE INVESTMENT PARTNERS STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN day and The of Kathr Witness my hand and official seal. My commission expires: MyCommlal/On olq)ires 9/27/92 ~41-'~~.-J f Not y Publl.c ,,:.: (/ &h;~. //77 ,....;; .:.- .. ".:\ ' STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN . . . 3 (2.f) The forego~ng ~nstrument was acknowledged before me thl.s day of ~ 'i us.\- , 1990 by Douglas J. Weiser, general partner, of Aspen One Investment Partners. witness my hand and official seal. My commission expires: III il/q3 ~ Notary Public --- - mj"h:aoise613.bg :" ., 4 - OJ# t-'. r:...J ,...w < .... ..... ~ !li t...::. tQ CI !ll Co < "" ..... ..... Ul c. . tQ ..... -0.0 ..... .... rt" ':':"" !-" j..;.0'" :l ., .j:> n.o :l 1i':lJ '< ru n n >-<,.; III l>J -, tQ A" . 0 ,>:) o o Q.i' n .. ,.;0- ..,. Ol.ol r, - -0 GJ l.oI 0- .... ~ .-./ ,,-, r<. CITY: ATTEST: THE CITY OF ASPEN, a municipal corporation By Wi~liam L. Stirling, Mayor Kathryn S. Koch, city Clerk Approved as to form: ~'1Y],~ Edward M. caswall, City Attorney OWNER: ASPEN ONE INVESTMENT PARTNERS 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 f .. . 3M The orego~ng ~nstrument was acknowledged before me th~s day of A-<. 'i ~.\- , 1990 by Douglas J. Weiser, general partner, of Aspen One Investment Partners. witness my hand and official seal. My commission expires: I q g 1"13. ..' ~~'c "_ ~ Notary P?H<;.' - mjb:a0ise613.kAg -:-. - 4 - .. 1"'. .,-" EXHIBIT "A" " A tract of land situated in Lot 12, Section 12, Township 10 . South, Range 85 West of the sixth 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 ti1ereof bears N. 76026' E. 177.70 feet; thence S. 76026' 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. 76026' E. 81.00 feet along the northerly line of said certain tract of land; thence S. 25014' E. 204.22 feet to ti1e point of beginning. Toge!;Jler with that certain Easement recorded September 1, 1988 in Book 572 at Page 384. . . . '. ., ~ . ............ .'>" ....,. ',' ',.' (1)# ,..,. ':'",f 1-'(4 < - ..... 0- !ll t..) In a !l> 0 < ... ..... "- ln 0 ~ U1 "- "1J-tl ,"",. ,..,. rl- A+-'- ..... 0- :;1 ., .. fJ-lJ :::J rl-7.l '< ill n n ....tIl III t.J -, t~ A" . .... ....... C. a o IJ:l iI ^ tIlQ> '". OC4 C. "U Gl t;! al . .,," .i.. #31"'\26.04/05/91 . ~, !"""\ SIlvia Davis Pit;6.~0 Rec $15.00 BK .~-_...~ ' ..1n Cnty CleF'k D . 643 PG 369 ---_~. ,oe. $.00 ---~------------~- 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. 1"""'\ 1"""'\ . 1t331626 04/05/91 16,50 Rec'15. 00 BK b43 PG 370 Silvia Davis, Pitkin Cnty Clerk, Doc '.00 ,-.--.-......-- --- 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 :::t~ ~-4J /DOU9~~iSer Gene 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. ". " ..:,,' :j{ c -.\. ~.--,-,.~ WITNESS my hand and official seal. MY}:::iO~:Z: Notary Public 1/8/J; . ~ /- ~~^I r-',' ~ ..,; '- ~.' . " -::., ,I ..~. \,~-'~'j';:~~,. ..;:: -/" .. -1./\," ,., 111'11" .. ~ "I1l/I'f-"-J.Y' .' ':'> I""': ,-' . EXHIBIT "A" #.331626 04/c S" 1 . J5/91 1.6. "'0 1 Vla Davis Pitk.>.Q Rec $15.00 Bk , In Cnty Cler'k D . 643 PG 371 '., DC:: $.00 A tract of land situated in Lot 12, Section 12, Township 10 . south, Range 85 West of the sixth Principal M2ridian, 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: Begirming at a point on the southerly line of said certain tract of land whence the Southeast corner tl1ereof bears N. 76026' E. 177.70 feet; thence S. 76026' 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; tl1ence N. 76026' E. 81.00 feet along the nortl1er1y line of said certain tract of land; tl1enCe s. 25014' E. 204.22 feet to the point of beginning. Togeltj1er witl1 that certain Easement recorded September 1, 1988 in Book 572 at Page 384. . ".' ,...." ..' - . ::,<?...\..~ : .' , .,., ,,-. 1"""-,. MEMORANDUM TO: Mayor and Council Bill Efting, Acting City Manager Ov~ THRU: FROM: Leslie Lamont and Amy Margerum, Planning Ironwoods, 729/731 Cemetery Lane Subdivision Exemption for Condominiumization, First Reading Ordinance RE: 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 m~n~mum 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 I 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. r-. .1"""\ Please see attached referral comments from Engineering. RECOMMENDATION: condominiumization conditions: staff recommends approval of the of 729/731 Cemetery Lane with the following 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 2 " /""1 ~ MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department ~ 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 amendeCl from time to time. d. Survey certificate needs to have statement that survey balances and closes within one (1) in ten thousand (lq,OOO). 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. jgjironwood cc: Chuck Roth """"'> .-- CLOSE OUT SUMMARY SHEET FOR 729/731 CEMETERY LAND SUBDIVISION EXEMPTION - CONDOMINIUMIZATION The condominiumization Council May 14, 1990. following conditions: 1. Prior to the signature of the final plat - application Ordinance was 30 approved by the was adopted with city the 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 recorded, with the Housing Authority, deed provide six mOnth minimum leases, with not more tenancies per year; and by approved and restrictions to than two shorter 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. ~ ~ MEMORANDUM TO: THRU: Mayor and Council THRU: Carol O'Dowd, City Manager ~ . Amy Margerum, Planning Director ())A- 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 m~n~mum 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 I 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, on second reading, 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 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 2 ,- .~ MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office 729/731 Cemetery Lane Subdivision Exemption for Condominiumization RE: 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 ij~~~~68~O~8~ADdU~Itli 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 quest.ion 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 NOV -9 .. 1""'\ AT.I2\CHMENI' 1 IAND USE APPLICATICN FUllM 1""'\. 1) Project Name Golf Course Duplex, "Ironwoods" 2) Project IDeation 729 and 731 Cemetery Lane Lot 12, Section 12 (see attached copy of legal description) (inlicate street address, lot & block rn1l11h?,.., legal description wheJ:e . . awropriate) 3) Present Zoning R-15 4) rot size 20,340 sq. ft. 5). Applicant.s Name, 1lddress & B10ne II Aspen One Investment Partners, Ltd. c/o Herron/Weise~ Realty Enterprises, 630 East Hyman, Aspen 81611 925-6088 6) Representative's Name, 1lddress & B1one.1I Douglas Weiser 630 E. Hyman, Aspen, 81611 925-6088 Herron/Weiser, 7) Type of Application (please d1eck all t:J;at awly): O:lrdi.ti.onal Use _ Conceptual SPA _ Conceptual Historic Dev. _ Speci ", Review Final SPA _ Final Historic Dev. _ MiIx>r Historic .Dev. 8040 Greenline _ Conceptual roD .'. _ stream M3rgin Final IUD ~ Historic DeIlPlition MJurrt:ain view Plane , SUbdivision . _ Historic Designation x ..........-.-.... ti. _ -.....................u.UJIllZa on _ TextjMap AIIleIDment _ GQS Allotment - GQS Exenptian _ IDl: Split,IIDt Line Adjl.lStnert: 8) Description of Eld.st.in] Uses . (rnmh>r ani type of ex:i.st:in:J stnx:tures; awroxinate sq. ft.; n.miJer of ~; any previoos awrovaIs granted to the prcparty) . Duplex under construction 4 bedrooms each, approx. 3000sf of living space 9) Description of Devel~L.".ut Application 10) Have you attad1ed the followi.n:J? ,/ Response to At:t:ac:hnent 2, M:i.nim.nn Sl1nni,.",ion Contents ---;r I~esponse to At:t:ac:hnent 3, Specific Sl1nni,.",ion Contents -L Response toAttadmlent 4, Review starrlaros for Yoor Application ~ ......." .~tJ &J ~~o li:~~ ~~~ ~g:f;!~ >o~ ~ E-til ~ tlrol~ &1\ ~ ~jg ~~~ Ol!. ~~f;!f >o~.g ,il:E:rol ~~a1 ~rolQ :s Co) w c ex: w u.. (/) Z < g: C ~ i!i fa a:: ~ ~ "'" "'" 599 rASt498 B{JOK ~~--r.;;;-~\'I!; ~~j;.~~. " CERTIFICATE OF AMENDMENT ::!~ c~ ~ : ,___u \I,~ ..,.~,')" .1>..Ij,;\,. OF .-~ 2~ '0"9 "'.~ IJ '." ru i\ l....u. CERTIFICATE OF LIMITED PARTNERSHIP ..,.....',....1"' (;"" 'tn' ~'Hll,no iSif",J c.. :,;r :..~L:;l\iiU E'" R'U~'" n- or'" n fl"i di'lt.N:1 YI \) ~h. OF SLAM DUN1\: DEVELOPMENT, LTD. A Colorado limited partner~hip 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 Partnership: 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: Partnership is Aspen One Investment a Colorado limited partnership. The name of the Partners, Limited, b. The Name and Business Address of the General Partner: The name and business address ot 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 ~ { ,..,....- , I I '/lJJG I 5 1989 1$ h~; l_ ~I -STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) GENERAL PARTNER .....,-~ /~) / ;::c;/ /------, ?/ /<,,~,# ~~,/; "" .6... ,-:o/' ./ ... Dougl.a1j' Weiser' . v The foregoing Certificate of Amendment of Limited Partnership for Slam Dunk Develop~ent, Ltd., was acknowledged before me this Recorded at9', ~ o'clo\'klLM~ IS \ (q 84 fiaception No 31.!d I ri 9 SILVIA DAVIS PITKIN COUNTY RECORDER " f \ II -. .h........_.. H. d.....'"'" __, _. .,- . ,. I / , / I / ! 1"""'\ ,.-, OOIJK 599 lWlE499 fl.. 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. Witness my hand and official seal. My commission expires: 'I I, x.I ,;;c, I" \-' -'\r Notary Public weipa417.cor 2 !.."..".."...."...."........"..,;.w.:,....".............."....II...."..".."_.,,-.tJIl{'''-'''.'''-'''..''.'''-'''-'''.'''. J kwyersptle . / Insurance @rporation / / I I / NATIONAL HEADQUARTERS RICHMOND. VIRGINIA - CASE NUMI3ER PCT-3556 DATE OF POLICY 08/15/89 ~ 9:30 a.m. $ , AMJUNT OF 1. 200.000.00 SCHEDULE A-LOAN POLICY 1. NAME OF INSURED: PITKIN COUNTY BANK AND TRUST COMPANY 3. TEE ESTATE OR INTEREST IN TEE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS ENCUMBERED BY TEE INSURED MORTGAGE IS: IN FEE SIMPLE 4. TEE MORTGAGE. HEREIN REFERRED TO AS TEE INSURED MORTGAGE. AND THE ASSIGNMENTS THEREOF. IF ANY. ARE DESCRIBED AS FOLLOWS: Deed of Trust from: ASPEN ONE INVES'lMENT PARTNERS. LIMITED. A COLORADO LIMITED PAR'l'.NERSHIP . to the Public Trustee of Pitkin County for the use of PITKIN COUNTY BANK AND TRUST COMPANY to secure $1.200.000.00 dated JULY 03. 1989 recorded AUGUST 15. 1989 IN BOOK 599 AT PAGE 500 reception no. 314130 5. TEE LAND. REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Ut. PITKIN COUNTY TITLE. INC. 601 E. HOPKINS AVE. ASPEN. COLORADO 81611 (303) 925-1766 co TEE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH TEE PREPRINTED NUMBER ON TEE COVER SHEET. .1I."_."_.'l_."_.'I__II_."__'I_.'I_."_.I'_.'I__'I_.'I_.'I_."_.'I_.I,_..t_.'I_..r_.'I__II__'f__"_."_.'1_.'I__lr_..,r_.'I_ )rm 100 L.itho in U.S.A. 15-0-101l-0041/2 II ;:::":~':.':'':f:'lrJ'' f...........ll~~I..,IlI,^ ....~;fl...,1 .:. '. .-I"....i .~,. ,1"",le Il.,.,....f..r 11"1....,,, Iii.. "'>lllt" dl'll1lt(' rt'tl('('fl.l{'flll'; 1<: t'lrn"",..."..." ....... ...... ._m I ! I / / / / / ~, ""' EXHIBIT "A" C(Jjf?"1, 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 kUJYers l1t1e Insurance @rporation L TIC 100-000012 " -. ~_. ":''::;:;j" , ... . .. it. fll.~ ~ ," -. . ,",._ ,.. . ./_ I, ~.I"MI., ,to .....r..r ....I..r.. "'Ar"..." ..1...11 I... .....1.."...,.,1...,;<' ..~.,,:.I_,IL . '.n !.........._............._.......,-.~.,_........_........_........_........_...-.",..-...-..,-........-."-."........,,.. / kIDyers1itle . / Insurance @rporation / ! // NATIONAL HEAOQUARTERS RICHMOND. VIRGINIA SCHEDULE B-PART I ~~ CASE NUMBER PCT-3556 DATE OF POLICY 08/15/89 @ 9:30 a.m. 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 lines. shortages in area. encroachments.. and any facts which a correct survey and inspection of the premises would disclose and whic.':l are not shown in the public records. 4. Any lien. or right to a lien. for sel:Vices. 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. EXCEPTIONS NUMBERED ARE HEREBY OMITTED. 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 ir..sures that such matters are subordi- nate to the lien or charge of t..'1e insured mortgage upon said estate or interest: NONE 2.'1__11_."__11_."_.'1_.'1__11_.'1_.1'_.'1_.'1_.'1__Ir__II_.'I_..'_..r_..,_..,_..'__.r_."__II_..r_."__1I!1_..,_..,__II__ll_ ,rm 100 litho in U.S.A. 5-Q..1()(H)()41/2 Ii :':..::':";';.:;i;i;:,i";,:'::,:;::':"ri::i,- i.:': :".~';;; r:~:i~,~ :.' ,",:,:jt .:.. .,.:...,<. ;''':''nfm ""~~f" !I... ..<0...... 'c1...III..- ..,.,I........m.....t m, ;~ nr",,;,I..,II-.. ,:..... -- -. ~-' ..;. ." - ., '...~ t. '. , :~>~~J:"~-_._'-''''-'~ 1;-'';;'-<': ~I' ~ . .:~:,....'::' ~; ;-:~:.. ~~~':"r'i. ..~" -.. ~ol ....... I I ;-., . /":~"n._.. ,-,- / ~" ." ..... .... ........ ,.1-. . '.'" ,:..' ,."..'.,..i.:...." . ,r .~.~.(.~. ~~.::~~ .:, .' :'~~ . "'. '~"~.. , _',_A. ,'ft:.',~",~ i;l....~;;.,....:~:!'~~ . .~~.L -;....,.,.~1W'... . , .~...l"z....~... . .:..____ - ea. 51l. ~388 ItXI!lIllT"C" "/'Iills prc,oerty" '1:-, ~..",.,..., ~ ., ",.7 l/: .; !, ~~~ A tract or land situoted in Lot 11, Seetion 12, Township 10 South, IW1ge asW.st or the Sixth Prinei",,: rJeridIan, being a portion ot , that certain tract ot land described in Ilool< 183 at pege n t In the otfice ot the Pitkin eo...,ty Clerk and Reeorder, cleseribed as rollows: Be~ing at . point on the. 3Outh...ly line or saId ....tAln tract or land whence the Southeast com... thereot be... N.1S"%6'E.. . 111,10 tee~ thence S.16"2&'1I'. 122.30 reel to. the Southwest ~... ot saId cerWn tract or lan<:; thence N.13"34'lI'. 200.00 teet to the Northwest corn... or saI,J certain tract or land; thence. 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