Loading...
HomeMy WebLinkAboutcoa.lu.co.Collins Block.A10-94Collins Block Condominiumization A10-94 2737-073-39-001 CI ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES CITY: -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 -63330-150 Staff Approval J J -63432-157 Zoning Plan Check -63432-157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signrf. Devel. -63339-155 Demolition COUNTY: -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 -63240-149 Staff Approval -53450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115 -63340-163 Engineering - City 00123 -63340-190 Housing 00125 -63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL /A or) Name: !J«.[ 1-/- ✓� Phone: Address: _ �� 11—,/ /ice= Project:,s��j�" n, Check #: Deb: No of Capin: ; CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 02 08 94 PARCEL ID AND CASE NO. DATE COMPLETE:< 2737-073-39-001 A10-94 STAFF MEMBER:— LL PROJECT NAME: Collin,$' Block Condominiumization Project Address: Legal Address: APPLICANT: Harley Baldwin Applicant Address: REPRESENTATIVE: Garfield and Hecht - Micky Herron Representative Address/Phone: 601 E. Hyman 925-1936 Aspen, CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 215 # APPS RECEIVED 1 ENGINEER $ 96 # PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ 311 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P&Z Meeting Dat PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date --------------------------------------------------------------- REFERRALS: City Attorney Parks Dept. School District 1� City Engineer Bldg Inspector Rocky Mtn NatGas 6e..4,L / Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board `r'S\U1 City Electric Hlth Mtn. Bell ACSD Open Other Space Board Envir . . Zoning Energy Center Other DATE REFERRED: FINAL ROUTING: City Atty Housing INITIALS: DUE: DATE ROUTED: 4 7� INITIAL:� City Engineer Zoning nv, ealt Open Space Other• FILE STATUS AND LOCATION: • • RONALD GARFIELD* ANDREW V. HECHT** MICHAEL J. HERRON* * * DAVID L. LENYO KRISTI S. FERRARO**** PATRICK D. MCALLISTER***** • also admitted to New York Bar •• also admitted to District of Columbia Bar ••• also admitted to Florida Bar •••• also admitted to Pennsylvania Bar ••"• also admitted to Pennsylvania Bar and New Jersey Bar Via Hand Delivery GL lollllll IELD & llllE `V 11ll ll y P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 Ms. Leslie Lamont Aspen City Hall Community Planning Department 130 S. Galena Aspen, Colorado 81611 November 2, 1994 Re: Collins Block Condominiumization/Harley Baldwin Dear Leslie: Enclosed you will find the following: Of counsel: ROBERT E. KENDIG TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 inv - ? 1994 (a) Original and one copy of a plat which has been signed by Harley, the lien holder, the surveyor and Vince Higens on behalf of Pitkin County Title, Inc. (b) A photocopy of recorded Amendment to Deed Restriction. I would appreciate your processing an application on Harley's behalf for the condominiumization of the Collins Block Condominium. In our earlier conversation, you advised me that the condominiumization fee required for the review of this plat had been previously paid. E • GARFIELD & HECHT, P.G. Ms. Leslie Lamont November 2, 1994 Page 2 I thank you for your cooperation in this regard. Should you have any questions, please contact me. Cordially, Michael J. Herron MJH:rb enclosure c:\mjh\baldwin\collins\lamont.Itr • EXHIBIT "A" Permitted Capital Improvements 1. The term "Permitted Capital Improvement" as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non -decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; C. Improvements for the benefit of seniors and/or handicapped persons; d. Improvements for health and safety protection devices; e. Improvements to add and/or finish permanent/fixed storage space; f. Improvements to finish unfinished space; and/or g. The cost of adding decks and balconies, and any extension thereto. 2. Permitted Capital Improvements as used in this Agreement shall not include the following: a. Landscaping; b. Upgrades of appliances, plumbing and mechanical fixtures, carpets, and other similar items included as part of the original construction of the unit; C. Jacuzzis, saunas, steam showers and other similar items; d. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other similar items; e. Upgrades or addition of decorative items, including lights, window coverings, and other similar items. 3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. 10 368059 B-745 P-51 03/21/94 1o:33A PG 10 OF 10 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY • PROJECT: I 1 \ ��_alo c-, kE , Cl n APPLICANT'S REPRESENTATIVE: M )- clju, d(a��tN REPRESENTATIVE'S PHONE: �_ ) _ OWNER'S NAME: 1. 2. Q Type of Application: Descjibe action/type of development being r sted: 3. Areas is which Applicant -has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. (R`e iew sC P ZY) (CC Only) (P&Z then to CC) 5. Public Hearing: (YES) NO �aP 6. Number of copies of the application to be submitted: •Cc 7. what fee was applicant requested to submit:�Q t 3 8. Anticipated date of submission: S/UNIQUE CONCERNS frm.pre_app RONALD GARFIELD* ANDREW V. HECHT** MICHAEL J. HERRON*** DAVID L. LENYO JO ANNA GODDARD PATRICK D. McALLISTER***` • also admitted to New York Bar •• also admitted to District of Columbia Bar ••• also admitted to Florida Bar ••'• also admitted to Pennsylvania Bar and New Jersey Bar ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 February 8, 1994 Ms. Leslie Lamont Pitkin County Planning Office 506 East Main Aspen, Colorado 81611 Re: Harley Baldwin/Collins Block Building Dear Leslie: TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 Of counsel: ROBERT E. KENDIG Please consider this the application filed on behalf of Harley Baldwin for the condominiumization of the Collins block building. Enclosed with this letter you will find the following documents: A. Consent to representation signed by Harley Baldwin; B. Harley Baldwin's application fee to the City of Aspen's Planning Office in the amount of $300.00; C. Proposed condominium plat; D. Proof of ownership; and E. Copy of replacement Occupancy Deed Restriction and Agreement Affordable Dwelling Units. The original of which has been delivered to Tom Baker at the planning office along with a copy of this letter. It is Harley Baldwin's intention to seek this condominiumization pursuant to the simplified process adopted by the City of Aspen in Ordinance No. 53. 1 0 0 GARNELD & HECHT, P.C. Leslie Lamont Page 2 February 7, 1994 Should you require any additional information please contact me. I thank you in advance for your cooperation in this regard. Very truly yours, GARFIELD & HECHT, P.C. Michael J. Herron MJH/jmg cc: Tom Baker - Via Hand Delivery (with copy of replacement Occupancy Deed Restriction Agreement Affordable Dwelling Units) Chuck Roth - Via Hand Delivery (with proposed condominium plat) c:\mjh\Itr\8104-2.794 TRW COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 12/01/93 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form B-1970 (Rev. 10/90) Proposed Insured: PROFORMA (b) ALTA Loan Policy, (Rev. 10-90) Proposed Insured: Case No. PCT-8357 Amount$ TBD Premium$ Amount$ Premium$ Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: HARLEY BALDWIN 4. The land referred to in this Commitment is described as follows: PARCEL 1 OF THE BALDWIN/SABATINI SUBDIVISION EXEMPTION, as shown on said Plat recorded in Plat Book 25 at Page 99. COUNTY OF PITKIN, STATE OF COLORADO. Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules Fax 303-925-6527 A and B are attached. • TRW SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: �J 0 TRW SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 307 and in Book 79 at Page 32 providing as follows: That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions and obligations of Agreement as set forth in instrument recorded February 18, 1969 in Book 239 at Page 436. 9. Terms, conditions and provisions of Encroachement Agreement recorded in Book 616 at Page 682, Book 642 at Page 336 and Book 642 at Page 341. 10. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded in Book 642 at Page 329. 11. Those terms, conditions, provisions, obligations and all matters as set forth in Declaration of Covenants recorded in Book 642 at Page 332. 12. Terms, conditions, provisions and obligations of occupancy Deed Restriction and Agreement Affordable Dwelling Units recorded August 20, 1991 in Book 654 at Page 539. 13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 25 at Page 99. 14. Terms, conditions, provisions and obligations of Easement Agreement recorded November 18, 1991 in Book 662 at Page 234. (Continued) TRW 15. Deed of Trust from : Harley Baldwin To the Public Trustee of the County of Pitkin For the use of : FBS Credit Services, Inc. To secure : $3,071,000.00 Dated : December 3, 1991 Recorded : December 12, 1991 in Book 664 at Page 352 Reception No. : 339433 Assignment of Rents and Leases given in connection with the above Deed of Trust recorded December 12, 1991 in Book 664 at Page 359. 16. Deed of Trust from : Harley Baldwin To the Public Trustee of the County of Pitkin For the use of : FBS Credit Services, Inc. To secure : $280,000.00 Dated : December 3, 1991 Recorded : December 12, 1991 in Book 664 at Page 362 Reception No. : 339435 17. Deed of Trust from : Harley Baldwin To the Public Trustee of the County of Pitkin For the use of : Garfield & Hecht, P.C. To secure : $100,000.00 Dated : August 22, 1990 Recorded : August 24, 1990 in Book 628 at Page 127 Reception No. : 325605 NOTE: Subordination Agreement given in connection with the above Deed of Trust recorded in Book 635 at Page 490. UCC given in connection with the above Deed of Trust recorded in Book 628 at Page 133. Assignment given in connection with the above Deed of Trust recorded in Book 647 at Page 173. Modification Agreement given in connection with the above Deed of Trust recorded in Book 688 at Page 830. 18. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement from Harley Baldwin, debtor to FBS Credit Services, Inc., secured party, Recorded December 20, 1991 in Book 664 at Page 943 and Assignment thereof to Colorado National Bank recorded September 27, 1993 in Book 725 at Page 136. 19. Short Form Contract and Memorandum of Lease recorded March 2, 1992 in Book 670 at Page 713. 20. Judgement in favor of Michelle Pfeiffer and Spence A. Schiffer against Harley Baldwin in the amount of $34,417.50 recorded July 7, 1992 in Book 682 at Page 753 in Case No. 92-133 in the District Court of Pitkin County, State of Colorado. (Continued) C, TRW 49 21. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement from Stephen C. Kent and Joan L. Benson, debtor to Harley Baldwin, secured party, Recorded September 14, 1992 in Book 688 at Page 602 and assignment thereof to Garfield & Hecht, P.C. recorded March 11, 1993 in Book 705 at Page 841. 22. Mechanics Lien, as evidenced by Statement of Lien, filed by Pitkin Iron Corporation et.al., in the amount of $11,587.68, recorded January 27, 1993 in Book 702 at Page 135 23. Mechanics Lien, as evidenced by Statement of Lien, filed by Harlan Plumbing & Heating, in the amount of $8,106.29, recorded March 3, 1993 in Book 705 at Page 233 24. Lis Pendens affecting the subject property recorded April 30, 1993 in Book 710 at Page 856 under Case No. 93CV94, Div.III, District Court, County of Pitkin, State of Colorado. 25. Mechanics Lien, as evidenced by Statement of Lien, filed by Harmony Energy d/b/a Red Eagle Construction, in the amount of $2,272.97, recorded May 19, 1993 in Book 712 at Page 729 26. Lis Pendens affecting the subject property recorded July 16, 1993 in Book 718 at Page 262 as Case No. 93CV167-1, District Courty, County of Pitkin, State of Colorado. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT-8357 A and B are attached. TRW • • SCHEDULE B-SECTION 1 CONTINUED Exceptions numbered NONE are hereby omitted. The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners' closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT-8357 A and B are attached. *338B2 l: IAoI 1-. ,: Gnr sing• K2 1 'lJ4 Silvlw Dsv1s, F-,�{ln r ��� p{. P9 '"v CIwk, Doc t.On 1 EASE103HR AGREEMEwr Th L Eassmsnt reeeent (•Agreeeent•) is made and effective this ) day of 1991, by and between Harley Baldwin ('Sal wed —in•) whose 'a rasa !s 203 South Galena, Aspen, Colorado ;•1 81611 and Kandycaa, Inc,, a Color-10 corporation (•lrandycom-) who** 4r ` eddress is P.O. Box 1135, Maenota Lakes, CA 93546. ; ���• This Agreement is made with reference to the following facts$ A. Baldwin is the owner of the northerly 80 feet of Lots A, w 8, and C and the southerly 20 fast of Lots D and E (except the westerly 4.3 feet of the southerly 20 fast of Lot D) all in Block 88, City and Townsite of Aspen, as more particularly shows and described as Parcel 1 on the Baldwin/Sabbatini : s Subdivision Exemption Plat recorded in Book 25 at Page 99 of the records of t >, Pitkin County, Colorado. Lots A and 8 are improved with a building known as the Collins Block. Lot C is improved with A building known as the Collins Annex. Portions of the southerly 20 feet of Lets Wand L are improved with a one story storage baildisq (such improvements and the land associated therewith are referred to collectively herein as the "Lane Parcel*). The allay to the south of the Collins Block, the Collins Annex, and the Lane Parcel is referred to herein as the 'Alley., , a. Randycom is the owner of the northerly SO feet of Lots b and E and all of Lot P, Block 08, City and TOM site of Aspen. Lot D is currently improved with a building that will be demolished -Alpine i (the Bank Building*) and replaced by a proposed building (the -409 E. Hopkins building"). C. Baldwin shall grant to Eandycom a perpetual easement for ingress, egress, and access to and from the Allay, which eeeemaat shall be at ground level across that part of the southerly 20 feat of Lot D, Block 88 more particularly described in and as a on Exhibit A attached hereto and designated as the 'Eandycam Easement.- D. taedycom shall grant to Baldwin a perpetual easement for ingres-, egrees, and access to and from the Alley, which weasst sh ., all M gt "- " le7e1 Kr8+o 9 P[ V40n of Lot D. Block 88 mare Particularly deeorlbed is and an shown eve nia ibit a attached Maseto ..,�#r•:; and sesignated N the -Baldwin Basement' and a perpetsm{] Mesmast fo• the installation, maintenance and repair of ua waterline as more particularly described in this Agreement. In consideration of the sotual grants and the matual benefits to the parties hereto, and other valuable coesideratlom, the receipt and sufficiency of which are hereby acknowledged, the parties make the following grants, agreements, covenants, and restrictions . fF 'Wr a� *-IMM2 11/1H/Qt 12:•7^ Rec Sin5.r•n F! 662 1'G 2M Silvia Dav:c, r:tlin :rrt, ^1FrI, Doc •.•�n 1. Grant of Eas nt for the Benefit of the 409 East Bookina Buildina and the Alpine Batik Building. Baldwin hereby grants to Kandycom, its successors and assigns, a perpetual easement for ingress and egress, including without limitation access to and from the Alley, which easement is more particularly described in and as shown on Exhibit A attached hereto (the 'Kandycom Easement') over and across Baldwin's portion of Lot D, Block 88, City and Townsite of Aspen for the benefit of the Alpine Bank Building and the proposed 409 E. Hopkins Building. 2. Grant of EaeemsnL'■ for the @eneilc of crw Ai++.= --30•—. the Collins A^*eex. aa±d the Lane Parcel. Kandycom hereby grants to Baldwin, his heirs and assigns, a perpetual easement for ingress and agrees, including without limitation access to and free the Alley, and a perpetual sasseent for the installation, maintenance# and repair of an underground waterline, which easements are more particularly described in and as shown on Exhibit B attached hereto (the 'Baldwin Easement') over and across Kandycom'm portion of Lot D, Block 89, City and Townsite of Aspen for the benefit of the Collins Block, Collins Annex, and the Lane Parcel. 3. Easements are AoaurtenanL. The parties agree that the foregoing easements are appurtenant to the respective bensfitted premises of the parties hereto as described above. Each of the parties to this Agreement shall retain all rights to continue to use their respective properties which are burdened by the easements granted herein to the full extent not prohibited by the easements granted herein, and the parties shall further retain all rights to the land beneath and the air space above the easements granted herein for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the parties of the rights granted in this Agreement. 4. final Dsseriotiona of Easements. The descriptions of the easements set forth on Exhibits A and B are based on design drawings by Bill Poss and Associates ('Eandycom's Architects") - The parties agree that upon the respective completion of construction of the 409 E. Hopkins Building and the Lane Parcel, a supplemental exhibit shall be recorded in the records of Pitkin County, Colorado referring to this Easement Agreement sad ahowilq the precise location of the Kandycom Easement and the Baldwin Easement as built (the 'As Built Exhibits,). on and after recording �f each respective As Built Exhibit, the specific dimensions .,r the Kandycom Easement and the Baldwin Easement shall be as met forth in each respective As Built Exhibit. Baldwin will be responsible for providing the As Built Exhibit for the Eandyc� Easement at his sole cost and expense, and Kandycom ` responsible 'or providing the As Built Exhibit for the Baldwin Easement at it& sole cost and expense. In the &vent either party fails to provide the As Built Exhibit for his or its respective easement, the o'.her party may provide the Am quilt Exhibit and 2 i (d r :I C � .i, A i t . i t i , *t • , . Ir.+r a�4a''3 a �.t. 1+' . af'ri. tlr r... shall be entitled to immediate reimbursement for the costs and expenses thereof from the other party. S. Use of Easements. The easements granted herein are non-exclusive and may be used by either party, and t-sir respective successors, assigns, tenants, occupants, invitees, and guests. The easements are granted for purposes of ingress and egress and the other specific purposes described herein. 5.1 Use of the Baldwin Er,sement. Baldwin's Use of the Baldwin Easement shall be to provide access to and from the Collins Block, Collins Annex, and the Lane Parcel for pedestrian and emergency access and for providing service (including, but not limited to, deliveries of goods and materials to the restaurants, bars, offices, or retail establishments, and trash disposal and removal) to or from the Collins Block, Collins Annex, and the Lane Parcel including service to and from the Caribou Club and any other restaurants, bars, offices, or retail establishments of the Collins Block or Collins Annex. Baldwin may also Use the Baldwin Easement to install an underground waterline extenr9ing from the existing waterline serving the Collins Annex building to service the building proposed for the Lane Parcel. Baldwin shall pay all costs and expenses associated with the construction, maintenance, and repair of the underground wa urline. In the event that any alterations or modifications to either the Alpine Bank Building or the pproposed 409 Bast Hopkins Building are necessary or advisable in connection with the installation, maintenance, or repair of the underground waterline, Baldwin agrees, at his sole cost and expense to restore the condition of the Alpine Bank Building or the 409 East Hopkins Building to substantially the sage condition as existed prior to installation of the underground waterline. Furthermore, no such installation, maintenance or repair of the waterline shall unreasonably interfere with the use and occupancy of the Alpine Bank Building or the 409 East Hopkins building. 5.2 Use of the Randvcom Easement. Bandycom's use of the Randycom Easement shall be to provide access to and from the Alpine Bank Building or the 409 B. Hopkins Building for pedestrian and emergency access, and to provide service (including, but not limited to, deliveries of goods and materials to the restaurants, bars, offices, and retail establishments, and trash disposal and removal) to or from our of the restaurants, bars, offices, or retail establial to of the Alpine Bank Building or the 409 a. Hopkins Building. 6. Subdivision of Properties. If either Baldwin's or Randycom's ownership is hereafter subdivided by separation of ownership, condominimation, lease, or otherwise, all parties and 3 4 f lam.-J ••V",�.1• �i 1.�•f1L�As�.i�. .117 :�'"'��'.1 VN 0-"S fl2 II Ip/^1 - r. #— n. no Bs 4A2 rfi 237 Silvia Pav1r. Pit, r <:n', -1^' . Duc •. their respective successors and assigns shall snJoy the besefits and be subject to the burdens of the easements hereby created- 7. mo Parkins or St &M . Except as necessitated by virtue of the mutual construction licenses granted les heo Pother» personal covenant and agree that vehicles, bicyc property shall not be perked or located on th#. ems the c_ented hereby. Except as necessitated by parties mutually aquae construction licenses granted herein, the pa other that neither she utilise the easements for storage or any _ use that will temporarily or permanently block, interfere and others hinder the free use and passage thereof by pedestrians g. Maintenance. Baldwin repair hal bedrfhaoll perform routine the Randycom Easement in good maintenance such as cleaning E :d!n� roe, of ob'��odwin at all tines shall keep the Randyeom st toimake ni re that the icoall nductevents the affairs s to us* fairsof his eacheefforts resiew*, restaurant, bar, office, and retail establishment of the Collins Block, Collins Annex and Lane Parcel will be such that it dome not unreasonably interfere with or annoy any owner, tenant, occapent, quest, or invitee of any restaurant, bar, office or r ;al establishment of the Alpine Bal nk Building or the proposed ` Hopkins Building. Except as to the underground waterline which shall be Baldwin•s obligation in ccor fordancekeepinr with Psibs Baldwin hereof, Kandycom shall be responsible Easement in good repair and shall perform routine me.ntenamce, such as cleaning and snow romc"al. Randycom at all tier -a shall keep the Baldwin Easement free of objectionable odors, noise, and debris, end in all events agrees to use its best efforts to make tare that the conduct of the affairs of each restaurant, bar, Office, and retail establishment of the Alpine Bank Building or the proposed 409 East Hopkins Building will be such that it doss not unreasonably interfere with or annoy any owner, tenant, occspast, quest, or im itee of any restaurant, bar, office, or r+tsil establishment of the Collins Block, the Collins Annex, or the Lana Parcel. The granting of the easement rights herein shall not to nee the service area or garbage area permit either party s buildings or parcels. is the associated with the other party' 4s isvitass event Baldwin or his heirs, assigns, tenants, occupants, of tMLtees or quests are responsible for or have caused any ldwin Easement other •%an the uses permitted in this Agresmmnt, Randyeom shall be entitled to give written notice Of to cure default the � o Balddefed rulnd shall provide a 15-day opp' In the event that the default is not cured withieac � d of time, Randycom shall have the right at its option temporarily the Baldwin Easement until such misuse has beset assigns, by Baldwin. In the event Randycam or its successors,or or Cfngnu, tenants, occupants, invites* or qr me are respo have caused any no* of the Randycom Easement ottAr than the ewe permitted in this Agrmemmnt, Baldwin shall be amtitled to give -04 ,_ 1IF 582 Ma " 1 12 f *7 *oc * 1 MS. ry0 Pk 6&2 Pr 23 Szl�e0 DO. *S. 1':S4,n enty =1*.1. D,r t.+..? written notice of default shall lt to Randycom provide a 15-4ftr opportunity to cure the npecifsed default. In the stint that the default is not cured within auch period of time, Baldwin shall have the right at his option to suspend temporarily the Randro m Caaament until such sines* has been cured by Randycom. In the ldwin or Ra the ndycom default the can map be,, shall such have period right aof tMhi nor Its option to perform such car* and to charge the dsfsulting party the actual coat of such cure plus interest at the rate of 11% per annul. 9. OblactionaDU Odors wois Baldwin agrrea to keep the 1undYcos Easesunt and the Collins B1oek, Collins Annex, and the Lane Parcel in a clean, sanitary, and first class condition and to provide regular garbage collection and proper disposal of garbage. In the event Baldwin shall be in breach or default of his obligations, Randycom shall be entitled to givw written notice of default to Baldwin and shall provids a IS - day opportunity to cure the specified default. In the event the default is not cured within such period of time, Randycom shall have to Baldwinright at theactual its option to cost f such perform plus interest at tthehrate of let per annum. Baldwin shall immsdiately reimburse to Randycom any amounts expended by RandYcom to accomplish such cure after Randycom has given written notice of the amount of the expenditure for such cure. Randycom agrees to keep the Baldwin Ranement and the Alpine Bank Building and the proposed 409 Bast Hopkins Building in a clean, sanitary and first class condition and to provide regular garbage collection and proper disposal of garbage. In the event Randycon shall be in breach or default of its obligations, Baldwin shall be entitled to give written notice of default to Randycom and shall provide a 15-day opportunity to cure the specified default - In the event the default is not cared within such period of Liss, Baldwin shall have the right at his option to perform such cure and to charge to Randycom the actual cost of such cure plus interest at the rate of 181 per annum. Randycom shall immediately reimburse Lb Baldwin any amounts expended by Baldwin to accomplish such cure after Baldwin has given written notice of the amount of the expenditure for such cure• with respect to existing leases, the parties agree to uN their best efforts to require tenants and occupants to comply with the provisions of Paragraph • and this Paragraph S. With rsepeot to future lease*, the parties agree to lrrcorporate the p:'o'visiaw� of Paragraph 0 and this Paragraph 9 in any such leave*► notwithstanding the provisions of Paragraph t and this ParagrapB k neither party will the right to *star leasehold presINGS o! the other party to Cure any defaults. r a s t•, 0 1 .��'K s� �t� say l ..• ...a. 833eS& t e :: - r r, . , ,, e� Idti2 ►C3 2� Silvio naves. r'* r. •.. Clrr� Doc t.00 10. Warranties of Title and Authority. The parties each hereby represent and warrant that they each beve good and marketable fee simple title to their respective interests in Lot D. Block 89, City and Townsite of Aspen, subject only to the title exceptious set forth on Exhibit C (,Baldwin Exceptions*) and Exhibit D (•Eandycom Exceptions*). The parties each represent and warrant to the other that they have full power authority to enter into and perform this Agreement and that this Agreement will not constitute, or result in, any breech of the torus or conditions, or constitute a default under any lion, license, lease, instrument, or other agreement to which the respective properties or the parties may be subject. landycom r-rreseuta and warrants that Lt. has no lender holding deed of trust or mortgage on the property and improvements offRaadycon. Baldwin acknowledges and agrees Lhat Central Bank of Ampea, B.A. has a lien pursuant to an existing deed of trust ascumberiag the properties and improvements of Baldwin described hereunder. The fora of Subordination of Lienholder set forth on Exhibit ! attached hereto will be requested to be executed by Central Bank of Aspen N.A. within thirty days after execution of this Agreement. In the event Baldwin is unsuccessful in obtaining thu execution of the Subordination of Lienbolder fora within thirty days of execution of this Agreement, the Baldwin Easement granted hereunder shall be suspended temporarily until Baldwin obtains the execution and recording of the Subordination of Lienholder fora. 11. Posed Construction on Lots D. ! and P. lindycon intends to demolish the Alpine Bank Building and construct the 409 E. Bopkins Building. Baldwin intends to demolish the building on the Lane Parcel and construct a new building thereon for residential employee housing purposes. 11.1 Construction of Lane Parcel Prior To 409 ! ins Beildina. In the event Baldwin demolishes the existing building on the Lane Parcel and builds the employes �oasisq prior to the Lien landycom demolishes the Alplee Beef[ Building, Baldwin agrees to bulls' the foundation well for the proposed building on the Lane Parcel to a depth of approximately 14 feet (to match the foundation depth of the existing Collins Annex) along the common property line of the Easdycon parcel and the Lane Parcel. Baldwin will be responsible for all design of the foundation wall for the proposed building on the Lane Parcel subject to the right of Landycom and Eandycom's Architects to approve in writing, in ad-ance, the design of the foundation wall. acknowledges that time is of the museum to Baldwin securing required approvals by Eandycom'■ Architects and thus agrees that it will use its best efforts to compel landycom'• Architects to respond promptly to all requests for approvals" by Baldwin. Eandycom shell be responsible for hiring me engineer and paying for the costs sseoeiated with the engimsering of the foundation wall to a depth of approximately e CP . .•r 1 I KZSBSQ� 11/19%4t 12:1--7 Rec $1n:',-.ri 9K M2 09 2" S11via Dav1 ., 91tt In cnty f lowt Doc e.00 14 feet. Randycom's engineer shall work with Baldwin'e Architects 'o design the foundation wall for the proposed building on the Lane Parcel. Baldwin agrees to construct the foundation wall and Randycow agrees upon request to psi immediately directly to the architect, engineer, or contractor, as the case slay be, the incremental direct costs, including but not limited to, sails engineering fees, engineering fees, architectural fees, excavation costs, concrete pouring costa, and :11 other construction costs, for that portion of the fouw�oation wall that is built deeper the* the foundation wall would otherwise have been required to be built for the proposed building on the Lane Parcel. Failure of Randycom to slake any such pa•,ments in a timely scanner steal' entitle Baldwin to suspend temporarily the Randycon Rasem % and, without limiting Baldwin from pursuing any other right or remedy at law or otherwise, Baldwin my suspend ally obligations he may have under the terms of this Agreement until Randycom's payments are current. In the event of any dispute as to which coats constitute direct costs for purposes of payment by Randycom, Randycom's Architects shall determine wh_ch costs are included in such direct costs, which determination shall be final and binding on the parties. In the event Baldwin elects to construct the proposed building on the Lane Parcel prior to the ties Randycom demolishes the Alpine Bank Building, Baldwin shall have a license to temporarily enter upon the parcel owned by Randycom for purposes of excavation, demolition, and construction of the proposed building on the Lane Parcel provided any entry on the Randycom parcel shall be limited to the extent reasonably necessary to accomplish such purposes and shall not interfere with the continued use and occupation of the Randycom parcel or the Alpine Bank Building. Baldwin agrees, at his sole cost and expense, to return the Randycom parcel immediately to substantially the sans conditions existing prior to the excavation, demolition, and construction of the proposed building on the Lane Parcel, including back filling an reasonably necessary following completion of construction of the foundation wall described above. In the event Baldwin constructs the proposed building on the Lane Parcel prior to the time Randycon demoliabse the Alpine Bank Building, Baldwin agrees to keep the Randycom Rasement snobstruct.nd, with the exception of temporary closures due to construction -related safety concerns, and to keep the Randycom Resonant in the existing location of the Randyeom Usement or in a temporary location that complies with all. land use, sominr, and building codes, rules and regulatioas, and agrees to Lelid the fire walls for the Raedycom Rasament first, substantially in the location and with the dimensions specified on Rxhibit A attached hereto. Prinz to any work on the Lane Parcel which slight adversely impact the Alpine Bank Building it the Proposed 409 Rest Hopkins Building, Randycom's Architects mast be consulted and must approve in their reasonable discratiom 7 0 33B387 !1/1B/g1 :_. Rac e1o3.� •B2 PB >N1 13!Ivi• Davis, f',`-ii ,CW r,c.-t, Doc e.00 any proposed work. Baldwin agrees to indemnify and hold Kandy, ae harmless from any damages to the Alpine Bank Building or the proposed 409 East Hopkins Building caused by Baldwin, his agents and representatives. Baldwin shall provide builder's risk insurance, and supply to Eandyc m pa thereof, naming Eandycom as an additional insured prior to construction or renovation of any of the improvements on the Lane Parcel. The amount of the builder's risk insurance will be equal to the replacement cost of wry improvements located on the Randyeom Parcel. 11.2 Construction of 409 East Hopkins Building prior to Lana fA=21. Baldwin acknowledges and agrees that in the event K&ndycom demolishes the Alpine Bank Building and cossencw excavation of the Aandycom parcel that Eardycom may aompand temporarily the Baldwin Easement during the period of such excavation and construction of the proposed 409 East Bbpkins Building. Once demolition, excavation, or construction of the proposed 409 East Hopkins Building is commenced which necessitates a temporary suspension of the Baldwin Easement, Eandycom will proceed with all reasonable diligence to complete construction and reinstst* the Baldwin Easement. Upon completion of the proposed 409 East Hopkins Building and issuance of the permanent certificate of occupancy as described above, the temporary suspension of the Baldwin Easement shall case*. 11.3 Kandvcom Easement and Lane Parcel. The Kandycom Eassment granted hereunder by Baldwin currently passoa through the westerly and of the one story building located on the Lana Parcel. Baldwin will either demolish that building or so much thereof as my be necessary to allow for the free and safe passage of pwd*strians and others across the Eandycom Easement, or alternatively Baldwin will construct a hallway through said building over and across the Eandycom Easement and install doors at the north and south ends of such hallway that will remain open at all tines. Any such demolition or construction by Baldwin will be accomplished in a fashion so that the function and use of the Alpine Bank Building es a habitable commercial building will not be adversely affected. 11.4 Access to to Colli���. Until demolition of the Alain Bank Building, at Baldwin's option, he may demolish a portion of the exposed brick wall at the vat and of the landing at the rear of the Alpine Bank Building (which wall currently blocks access to Collins Annex) in order to provide temporary access between or among the Allay, the Lane Parcel, ,the Collins Annex, and Collins Block. Prior to any Sock demolition, Baldwin shall submit to Iandycgm and to tanr�yeem s Architects complete plan and engineering reports for suck demolition and construction, which proposed demolition shall be subject to the prior written approval of Eandycom and B N�. J4 l ll--IL IWO, Ni'•u592 11 / 19/91 1<<^1 Rec $10* . ' @1 '`L2 Fr; 242 �:l�i• D+��ls• F'tk,r C"tY rlrrl . Kandycom's Architects. Baldwin say remove the wrought iron gate at the stairs leading to the landing at the back of the Alpine Bank Building, and deliver such demolition or construction by that vin will be aft ate to A s sole cost and expense and will be accomplished in a fashion so that the function and use of the Alpine Bank Building as habitable commercial building will not be adversely affected• ll.S s or Stairs• upon demolition and reconstruction of all of the buildings on Lot D of Block 89, the final grads of the Baldwin Basement will be aofathe grade and approximatroximately 0"0 ely two inches below the grade 1 feet above the currentgrade rade of the hallway located in CollinslAnnex. Baldwin shell construct a ramp or create_ stairs within the Collins om u�nt shallconstruct order to allow for Or create stairs on the iandyc or the grade changes. The design and construction writtenfa any romp of stairs shall be subject to the prior Kandycom. 11.6Qran �nnstructlon Licensers. Kandycom intends to construct the 409im E. Hopkins t below nq grade round the entire having a depth approximately 14 peens Building. Baldwin represents perimeter of the 409 R. Bop of 14 feet that he has an existing foundation having a depth below grade on the easterly wall of Collins Annex. The parties acknowledge that the foundation of the Brand Building also owned by Baldwin located on Lot E o Block 08, licked and Townsite of Aspen (,Brand Building'), a granite s foundation only 2 feet in depth and that protection t �ionfor that by foundation and the Brand Building foundation for tom Qrior to khans BBuuilding t To aura it to protection, for the 409 L. Hopkins om and its agents, architects, Baldwin grants to i<andyc engineers, surveyors, contractors and subcontractors,otimeof license limited in duration to the Period construction of the 409 R. Hopkins Buildings (i) to enter upon the interior and exterior premises, and in, on or under the land associated with the Brand Building, Lane Parcel, or Collins Annex in order to document the current condition of the Brand Building, Lane parcel, or Collins Annex and their (ii) to take such h photographs, measurements and videos as landycon dames appropriate, of current conditions; (III) to identify any existing cracks or other problems with the current structures or foundational and (iv) to attach In a manner that does not in any way damage the ncaas damns, survey bench marks for the measurement of any shifts* Parcel p expansion of cracks to the Brand Building, L Without Collins Annex, or their respec will have limiting the generality of the foregoing, land including without without grand the Building,s to all aspects of the Ian" and buildLK8 the Baldwin inLam - 1 1 .w .; . :y- I S 11 F1' it/'8.91 t_f07 Pec 11 5.pn P+ M2 PS 245 ^3-! ' Davt t' Pit1 rn Cnt, r lt°r-6, r'u 1 rill reasonably acceptable to Iandycom, general public liability inauranco for the Baldwin Easement of not less than $2,000,000 and shall name Randycom ss an additional insured thereunder. Randycom agrees to protect, indemnify and bold harmless Baldwin from and against any lose, damage or claim, including reasonable attorneys fees, or mechanic's liens, arising out of the use of the i<andycom Casement `ry Randycom, its successors, assigns, tenants, occupants, guests, and invitees which indemnity includes, but ;sue: limited to injury or loss to persons or property. Eandyc g It shall obtain at its expense and keep in full force and effect with an insurer reasonably acceptable to Baldwin, general public liability insurance for the Randycom Easement of not less than $2,000,000 and shall name Baldwin as an additional insured thereunder. Each party shall provide to the other party proof of insurance in the fort of a current insurance binder or certificate in the amounts specified above and naming thelother party s an additional insured. The $2,000,000 of genpublic ty insurance shall be a minimum hereunder, a^A the amount of the insurance shall increase effective January 1, 1996, to the amount of coverage provided for similar commercial projects in the Aspen, Ca.orado area. In the event of any dispute as to the amount of increase of any insurance, the Stapleton Insurance Agency shall determine what is reasonable and necessary, which determination shall be final and binding on the parties. Each party shall provide such proof of insurance each year during the term of this Agreement, and if such proof has not been previously provided, each party agrees to provide the proof immediately upon written request for such proof. If no proof of insurance is provided after written notice has been given, the non -defaulting party shall have the right to purchase such insurance and pay the cost of any premium thereon, which shall be deemed a debt and obligation immediately due and payable by the uninsured party to the non -defaulting party together with interest at the rate of lot per annul. Bach part? shall insure that the other party is entitled to receive all notices of cancellation, non -renewal, or other notices that world affect the insurance or other rights of such party Under the insurance policies described herein. Any insurance provided hereunder shall contain mutual waiver of subrogation clauses.) Failure to provide proof of insurance shall constitute a material breach and default hereunder, and if any party fails to provide, such insurance or proof of such insurance, the other party NOT suspend temporarily the easement rights granted heremader mail such insurance or proof of insurance has been provided, in additiosf to any other rights or remedies hereunder. 14. Riaht of First MaotLati4g• In the eve. ealdwim determines to rent Space No. 4 in the Collins Annez (after expiration of any existing lease), Baldwin agrees to DOW imts with Randycom for the long tee leave or rental of that sppeeoos bsfossl Baldwin negotiates with any third party with respect thsx1Wto. 12 i c s , f RIF WRI 1.k11 MW%W-•.1 V-5."O 1W F_ DOC 'a -no 15. Collins JLn=m W&U. in the event that the 0011 b"D. weM the existing Alpine Bank building and the Collins Annet b" bat been completely installed by Baldwin, upon the damolLU00 of the Alpine bank Building, Baldwin agrees to Put is all nscOffacy Mlls' drywall, studs. sheathing, and other elemMts required by the uniform Building Code for A free-standing well at his Dole coat and expense. 4-- with T—WW_ each of the parties hereto 16. - —lie_ with all 101M, rules, and regulations of my agrees to seek governmental or regulatory body laving jurisdiction over Its respecti r jmproves�t* ve ' " *� ip,]L Cod, and" respective party or his or of including without limitation, the City Aspen naftic: the uniform Building Code. 17. All provisions Of this Agreement, including the benefits and burdens, run with the land and are binding upon and inn" to the benefit Of the hairs - assigns, successors, and perOrmsl representatives of the parties hereto. tq Is. Attorneys' lees' In the event any &"-Lou Or is brought by any party for the enforcement or the at enforcement of any Of the provisions of this Agreebeet, the prevailing party In such action or proceeding shall be entitled to recover its or his reasonable attorneys' fees, in addition to say other relief to which it or he may be entitled. 19. go waiver, ammdownt or modification Of this Agreement shall be valid unless in inciting and duly executed by the party charged therewith. 1 20. WilaRus-z". Thp law applicable to this Agrssm t and its interpretation whP.11 be that Of the State of Colorado -land any litigation arising out Of or concerning this Agreement shalW commenced and maintained In Pitkin County.- coloredoo sod the parties hereby submit to the personal jurisdiction of Cbl' rsde is connection thers"tb. 1 21. 101iM. Any and all notices required or FOrmitt4d to bG given under the tax" Of this Agreement shall be *ff*ct"v*l (I) an the date of actual receipt if sent by united States NsIlt certified sail, return receipt request. posts" prepaid, address" as follows, or (ji) On the data of delivery, If delivered personally to the parties. 13 RST FLOOR 54.1 N N_ 1.9 e N u� o COMMERCIAL UNIT 7 n G n h 9.7 0 56.6 0 19.7 < C.E. LOWER LEVEL. I"-10' 0 10 20 ACCESS EASEMENT 6.6 2 .0 w�c �Fa �zu TRASH AND �cF PARKING PARKING 1 W o STORAGE AREA C.E. UNIT A UNIT B 32.0 24.9 n � n � 4.2 3.6 0.7 3.9 u N e 7.5 H 3 z I.5 0 J z Z o e W • _o v RESIDENTIAL RESIDENTIAL N W UNIT A e UNIT B wI.5 y' J 1.3 0 Fr4. 7.5 0 32.0 26.6 SECOND FLOOR H RD FL.00R PARAPET - 134.0 FLOOR - 122.9 FLOOR - 113.6 FLOOR - 104.5 RESIDENTIAL RESIDENTIAL UNIT C UNIT D RESIDENTIAL RESIDENTIAL UNIT C Who UNIT D �OF �W w TRASH AND e� PARKING PARKING STORAGE AREA ci C.E. UNIT A UNIT B NORTH ELEVATION SECOND FLOOR 2.9 5.6 C 14.0 14.42.9 0 0 0 �C.E ROOF ACCESS n n n n RESIDENTIAL RESIDENTIAL - UNIT C UNIT D 22.7 23.1 THIRD FLOOR PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (303) 925-3816 DATE JOB SHEET 2 OF 3 2/94 19022 PARAPET = 132.1 FLOOR = 122.8 RESIDENTIAL UNIT A FLOOR = 113.9 COMMERCIAL UNIT I FLOOR = 100 Ole b.4 COMMERCIAL UNIT 2 RESIDENTIAL UNIT A RESIDENTIAL UNIT A COMMERCIAL UNIT 7 COMMERCIAL UNIT 3 RESIDENTIAL UNIT A COMMERCIAL UNIT 4 PARAPET = 132. 1 FLOOR = 122.8 FLOOR = 113.9 NORTH ELEVATION FLOOR = 100 f LOOR = 8 8.4 WEST ELEVATION PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (303) 925-3816 SCALE I"= 4' DATE JOB SHEET 3 OF 3 1/94 19022 0 r r CONDOMINIUM MAP FOR COLLINS BLOCK CONDOMINIUMS) A COMMON INTEREST COMMUNITY (SITUATED ON PARCEL I OF THE BALDWIN/SABBATINNI SUBDIVISION EXEMPTION) 1"-20' 0 20 40 LEGEND CHISLED "X' O SURVEY MONUMENT PREVIOUSLY FOUND OR SET '25947" # STREE LIGHT jg WATER VALVE BEARINGS BASED ON THE NORTHEAST CORNER BLOCK 88 (ALUM. DISK 16129) AND THE WC TO THE NORTH CORNER f1., OF BLOCK 81 (PK IN PAVEMENT) N 68°57'43-W 346.71'.�� ZONE DISTRICT: COMMERICAL CORE, HISTORIC o " Ix- 40 ^3 u v > Do L i h O 0 • VICINITY MAP -ORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL =D UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS =1RST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN THE DATE OF THE CERTIFICATION SHOWN HEREON. THE ION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE ENCROACHMENT AGREEMENT BK 616, PG 02 ENCROACHMENT AGREEMENT BK 642, PG 341 P/� R CEO / J�r� p�IN � V�NU OVERHANG COLUMN TYP. N REMOTE WATER METER SJ.o //�W 90. C.E. 2/1- . aREaP� R CEO 0'/g6/ SQ •F 2sTORyaARES C.E. i I' W.C. �/ l TALC OM CROP 1 J ti• S 7g 09�I�E P� R CE 95. B6 . 2 v� Ley .r 20. Dp3Lo. R O W c K GAS AND ELECTRIC METERS PHONE AND T.V. CONNECTIONS MAP NOTES I' W.C. o o IO at a t o a z / SEE DETAIL A ACCESS EASEMENT BK 662, PG 234 o ��PARCEL I c Ess 66 2FPGE ENT 1 ?3� 2 � � M F �V C ' a 3 S T �ry� ORV BUI P�RCE�DI I s ,S,Q \9Il-E DETAIL A SCALE I'-10' - W, ui /3 STL PRY a�'�D) CEO NG ' O e .ro '� P V ` 5¢\. Sg _ 2 CLEANOUT I. THIS MAP IS A PART OF: THE DECLARATION FOR THE COLLINS BLOCK CONDOMINIUMS (THE "DECLARATION') RECORDED 1994 IN BOOK __AT PAGE_. 2. THE DECLARATION DOES NOT RESERVE ANY DEVELOPMENT RIGHTS. ALL OF THE REAL PROPERTY SHOWN HEREON IS NOT SUBJECT TO DEVELOPMENT RIGHTS. 3. AS USED HEREON 'C.E.' MEANS 'COMMON ELEMENTS" AND 'L.C.E.' MEANS 'LIMITED COMMON ELEMENTS-. BOTH SUCH TERMS ARE DEFINED AND FURTHER DESCRIBED IN THE DECLARATION. 4. THE OWNERSHIP OF PARKING UNITS A AND B MAY NOT BE SEPARATED FROM TH IP OF ANY ONE OR MORE OF COMMERCIAL UNITS I THROUGH - BE 9 THE NERSH I P OF EITHER ERI ONE OF u♦?K,I NG UNIT lA� lA,1�)� oe t BE COUPLE WITH IFFERENT COMMERCIAL UNITS �^(f'„�,.n/ 1 5. THE REAL PROPERTY DESCRIBED HEREIN SHALL BE BENEFITTED BY AND SUBJECT TO THE TERMS AND CONDITIONS OF: (i) BALDWIN/SABBATINI SUBDIVISION EXEMPTION PLAT RECORDED IN BOOK 25 AT PAGE 99: (ii) STATEMENT OF SUBDIVISION EXEMPTION FOR COLLINS BLOCK RECORDED IN BOOK 649 AT PAGE 329: (iii) DECLARATION OF COVENANTS' RESTRICTIONS AND CONDITIONS FOR COLLINS BLOCK RECORDED IN BOOK 643 AT PAGE 332: AND (iv) OCCUPANCY DEED RESTRICTION AND AGREEMENT AFFORDABLE DWELLING UNIT RECORDED IN BOOK 654 AT PAGE 539. 6. THERE ARE NO ENCROACHMENTS OR EASEMENTS ACROSS ANY PORTION OF THE REAL PROPERTY EXCEPT AS SHOWN HEREON. 7. THE SOURCE OF THE RECORDED EASEMENTS AND ENCROACHMENTS SHOWN ON THIS MAP IS COMMITMENT FOR TITLE INSURANCE CASE NO. PCT 8357 DATED: M O M3, AT 69:30 A.M. ISSUED PY PITON COUNTY TITLE, k _ 8. FOUND SURVEY MONUMENTS AS SHOWN 9. REFERENCES IN THESE MAP NOTES OR ELSEWHERE IN THIS MAP TO RECORDED DOCUMENTS SHALL REFER TO DOCUMENTS RECORDED IN THE PITKIN COUNTY REAL ESTATE RECORDS. ENCROACHMENT AGREEMENT BK 642, PG 336 CERTIFICATION OF DEDICATION AkD OWNERSHIP KNOW ALL PERSONS BY THESE PRESE T HARLEY BALDWIN, BEING THE OWNER OF ALL THAT REAL PROPERTY SI TED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: PARCEL I OF THE BALDWIN/SABATINI SUBDIVISION EXEMPTION AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 25 AT GAGE 99: HAS BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO UNITS AND COMMON ELEMENTS AS SHOWN ON THIS MAP UNDER THE NAME AND STYLE OF -COLLINS BLOCK CONDOMINIUMS'. HARLEY BALDWIN STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1994 BY HARLEY BALDWIN. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGE 4DER'S CERTIFICATION KN MEN BY THESE PRESENTS THAT FBS CREDIT SERVICES INC. BEING THE BENEFICIARY OF CERTAIN DEEDS OF TRUST RECORDED IN B60K 664 AT PAGE 352 AND BOOK 664 AT PAGE 362 OF THE RECORDS OF PITKIN COUNTY COLORADO ENCUMBERING THE REAL PROPERTY SHOWN HEREON CONSENTS TO AID APPROVES THE RECORDING OF THIS CONDOMINIUM MAP FOR COLLINS BLOCK CONDOMINIUMS AS THOUGH SAID MAP WAS DELIVERED AND RECORDED PRIOR TO THE DELIVERY AND RECORDING OF SAID ENCUMBRANCES. DATED , 1994 FBS CREDIT SERVICES, INC. BY: TITLE: STATE OF COLORADO) ) )ss. COUNTY OF ) THE FOREGOING CEFT I F I CAT I ON WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1994 BY (NAME) (TITLE) OF FBS CREDIT SERVICES, INC. WITNESS MY HAND MD OFFICIAL SEAL, MY COMMISSION EXPIRES: NOTARY PUBLIC CITY ENGINEER APP OVAL I��11M MAP FOR COLLINS BLOCK CONDOMINIUMS WAS APPROVED BY THE C ENGINEER OF THE CITY OF ASPEN THIS DAY OF , 1994. CITY ENGINEER PLANNING DIRECTOR APPRO L OR COLLINS BLOCK CONDOMINIUMS WAS APPROVED BY a CdL4jC(`-' THE PLANNING DIRECTOR THIS DAY OF , I994. Gv GIT � Ca Job ct �- yI 13 �v 6 INDEX SHEET DESCRIPTION I SITE PLAN MAP LANGUAGE 2 PLAN VIEWS ELEVATIONS 3 ELEVATONS' PLANNING DIRECTOR URVEYORS CERTI (CATION I N H0W6RTH DO HEREBY CERTIFY AS FOLLOWS: THAT I AM A PF�OFESSIONAL LAID SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO: THAT THIS MAP IS TRUE CORRECT AND COMPLETE AS LAID OUT PLATTED AND SHOWN HEREON: THAT THIS AP WAS MADE BY ME FROM AN ACCURATE SURVEY DURING LF THE REAL PROPERTY SHOWN HEREON BY ME OR UNDER MY DIRECT UP RVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSION OF THE UNITS AND COMMON ELEMENTS AS THE SAME ARE STAKED UPON THE GROUND: AND THAT THIS MAP MEETS THE REQUIREMENTS OF LAND SURVEY PLAT AS SET FORTH IN CRS 38-51-102 AND OF A COMMON INTEREST COMMUNITY MAP AS SET FORTH IN CRS 38-33.3-209. SURVEY PRECISION IS GREATER THAN I:10,000. DATED , 1994 BY: JOHN HOWORTH, P.L.S. 25947 ITLE EXAMI 3 CERTIFICATION J. HICENS PRESIDENT OF PITKIN COUNTY TITLE INC. DO HEREBY CERTIFY THAT I HAVE CAUSED AN EXAMINATION TO BE DE ON THE REAL PROPERTY HEREIN DESCRIBED AND BASED ON THAT EXAMINATION, HARLEY BALDWIN COINSTITUTES OF RECORD THE FEE SIMPLE OWNER OF THE REAL PROPERTY HERREIN DESCRIBED AND, EXCEPT AS NOTED ON THIS MAP, SAID INTEREST IS IFREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES. DATED , 1994 PITKIN COUNTY TITTLE INC., A COLORADO CORPOR.IATION BY: VINCENT J. HIG9ENS, PRESIDENT QCLERK AND RECORDC�ERIIFICATION TH UM MAP .FOR COLLINS BLOCK CONDOMINIUMS IS ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS DAY OF 1994 IN PLAT BOOK AT PAGES ' THROUGH --, RECEPTION NO.' SILVIA DAVIS CLERK AND RECORDER PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (303) 925-3816 DATE JOB p ENTRY DOOR (TYPICAL) n 9.7 0.2 12.2 6.9 32.0 24.9 W o .i f 2.10 n H U e f 0.4 0.3 N f COMMERCIAL .3 ' UNIT 7 2.0 COMMERCIAL COMMERCIAL UNIT 5 UNIT 12 COMMERCIAL „ N e N UNIT 1 5.1 ,e 5.3 o e ^ - PARAPET - 134.0 0.3 f _� 9.4 9.0 0 ^ 9. 0 9.3 46.6 9.9 COMMERCIAL 4.2 3.6 0.7 3 el,l COM RC�AL UNIT 11 3.9 Oi UNIT 6 e FLOOR - 122.9 n • _ N e ^4 5 COMMERCIAL - 2.1 - N UNIT 2 r - 1. .I.a s < 7.5 3.10 a 3.s i 9 0 10 20 ~ 3 FLOOR - 113.6 COMERC I AL 74.9 1' o f UNIT 10 J ' RE819BR1 a I5.6 5•i 9.0 e o p 23.2 ~ w UNIT A _ ^ - = N r; q 0 20.3 c r ,e RES I DENT I AL UN I T B. ' W o e c j RESIDENTIAL a RESIDENTIAL FLOOR - 104.5 e 4 1 6 7 UNIT A e UNIT B i 0 e UNIT 7 I. w 6.9 v COMMERCIAL 3 W 1.5 ti N NORTH U 0 J O UNIT O e e J 1.3 H ELEVATION 4 a f COMMERCIAL r o r Y UN I T 7 C4 i z C O U U ^ 10.7 4.3 .6 2.0 a 25.7 N of 5.3 a 7.1 5 1 COMMERCIAL .6 50.0 0 ol. L.C.E. UNITS 1-12 0.8 FF4* 7.5 0.3 I.I .0 N - ! ^ COMMERCIAL N p a UN I T 4 0. a u 9.7 ACCE33 E SEMEW 3.i COMMERCIAL f ui UN I T 8 °! e ^ 3.7 • 0 7 0 f C.E. 24.4 --. 32.0 29.4 • 11.6 1.2 e 9.0 o H O.S v�p .7 H o 9.1 o v-a o Jaq RESIDENTIAL a < s RESIDENTIAL UNIT C "+ r' UNIT D e n 0.4e 2.4 FIRST FLOOR SECOND FLOOR 30 -1. �, SECOND FLOOR 28.5 54.1 2 C.E. 1.9 1.5 14.0 14.4 . 3.8 e f ' o c `V 13.8 10.2 rl: � ft C.E. 0 H f 10.9 n N f 0 COMMERC I AL f UNIT 7 C.E. 4.3 3.5 f n * N 0. RESIDENTIAL RESIDENTIAL RESIDENTIAL 0 L.C.E. UNIT A UNIT A e o UNIT B o - 1.3 O O '� N e- 11.4 �' 12.2 n J m < H F ^ RESIDENTIAL RESIDENTIAL w RESIDENTIAL L.C.E. UNIT A L.C.E. UNIT A c L.C.E. UNIT B -w 4.7 W V D: 56.6 C.E. J 0 19.7 THIRD FLOOR LOWER LEVEL 16.6 2 .0 V�i � TRASH AND JZU oe PARK I N(i PARK I W(i W � STORAGE AREA - � C.E. ►�.+ UNIT A UNIT B RESIDENTIAL RESIDENTIAL UNIT C UNIT D RESIDENTIAL RESIDENTIAL UN I T C ,,;�o UN I T D -a ��u 1L U TRASH AND STORAGE AREA C.E. � PARKING PARKING UNIT A UNIT B PARAPET = 132.1 FLOOR= 122.8 FLOOR = 1 13.9 FLOOR = 100 (LOCK = -8.4 - kiwan RESIDENTIAL UNIT A RESIDENTIAL RESIDENTIAL UNIT A UNIT A RESIDENTIAL UNIT A COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL UNIT I UNIT 2 UNIT 3 UNIT 4 COMMERCIAL UNIT 7 PARAPET = 132. 1 - FLOOR = 122.8 FLOOR = 113.9 NORTH ELEVATION FLOOR = 100 ILCOR= 88.4 WEST EILEVATION PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (303) 925-3816 SCALE I"= 4' DATE JOB SHEET 3 OF 3 1/94 19022 rP �(:) (J)" -Y