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HomeMy WebLinkAboutcoa.lu.co.728 W Bleeker St.A50-90KELLNER DUPLEX CONDOMINIUMIZITION 2735-124- A50-90 Ci x r� ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street / Aspen, Colorado 81611 (303) 920-5090 J LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ Zz k2C) Z�j CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING/1�pSJ SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113-63080-122 -63090-123 -63140-124 -69000-145 Name: Address CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER SUBTOTAL TOTAL h ,� Check # Date: 4 Additional billing: #ofHours: /_ CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 8 16 90 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-124 50-90 TAFF MEMBER: PROJECT NAME: Condominiumization Project Address: 728-730 W. Bleeker, Aspen Legal Address: S G / ti ca Sv Gt«• P Sc� i v"� s« •, APPLICANT: Matthew Kellner Applicant Address: REPRESENTATIVE: Gideon Kaufman Representative Address/Phone: 315 E. Hyman, Suite 305 Aspen, CO 81611 925-8166 PAID: YES NO AMOUNT: $870.00NO�;X COPIES RECEIVED: 16 TYPE OF APPLICATION. 1 STEP._2 STEP: P&Z Meeting'Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date L-V�F/�o PUBLIC HEARIN .'�YESNO rl� VESTED RIGHTS: YES NO Cl'� Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: VE _ey Mtn. Bell School District �ity Engineer Parks Dept. Rocky Mtn Nat Gas 1 r. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S-.D. DATE REFERRED: Energy Center ' �/ 6 INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: EXHIBIT "1" Unit Sq. Ft. of Percentage Interest in General Living Area Common Elements and Percentage Interest in Voting Rights, Based Upon Square Footage of Living Area East 3,987 50% West 3,987 50% Iy101V,ce) �►��7ilul TO: Mayor and City Council , THRU: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Director FROM: Kim Johnson, Planner DATE: November 7, 1990 RE: Kellner Subdivision Exemption for Condominiumization of a Duplex, Second Reading of Ordinance 67 Series 1990. ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant seeks condominiumization of a duplex nearing completion at 728-730 W. Bleeker St, Lot 5 Victoria Square Subdivision. Pursuant to Section 7-1007 of the Land Use Code, condominium conversion of an existing development shall be reviewed and approved by the City Council as a subdivision exemption. First Reading was approved ..;y a 4-0 vote on Oct. 8. Since First Reading, the Engineering Department has met with Gerd Zoeller regarding landscaping on the Seventh St. frontage of the Victoria Square PUD. The berm along the street was removed during construction which is a change from the approved landscaping plan. Planning and Engineering staffs recommend a new condition be added stating that a revised landscape plan for the Seventh St. frontage be approved by the Planning Office prior to the filing of this condo plat. APPLICANT: Matthew Kellner, represented by Gideon Kaufman LOCATION: 728-730 W. Bleeker St.,, Lot 5 Victoria Square Subdivision. ZONING: R-6 PUD APPLICANT'S REQUEST: Subdivision Exemption to condominiumize an existing duplex. (See Attachment "A" plat) REFERRAL COMMENTS: Engineering: Chuck Roth forwarded comments (Attachment "B"), the highlights being: - The Plat must reflect accurate property markers. - The Plat must show the division of the structure into two units, and must indicate limited and common elements. - Parking spaces, dumpster area and utility meter locations must be shown. Trash and utility meters must not be on City right- of-way. - Landscaping or other work in the right-of-way requires a permit from the City Streets Department. - Encroachments show on the plat might be setback violations. - Pedestrian Easement shown on plat will require a legal description. - The tree at the s.w. corner of the property (Bleeker at Seventh) must be pruned up to seven feet above grade for vehicle and pedestrian clearance. - An Excavation Permit must be verified for the recent alley paving project - The parcel's development must conform to the City's drainage requirements as per Section 24-7.1007.C.4.f. Driveway drains may be required. - The applicant shall agree to join any future improvement district. (This has already been included in the PUD Agreement, K.J.) STAFF COMMENTS: Condominiumization requires 6 month minimum leases and payment of an affordable housing impact fee or the provision of employee housing. The nearly completed duplex has 3 bedrooms in each unit according to the building permit. The applicant agrees to pay the affordable housing impact fee for both sides at the time the condo plat is filed. In addition to the Subdivision Exemption, all land use applications "placing burden upon or limiting the use of private property" be enacted in ordinance form. The applicant has addressed the requirements of Section 7-1007 for comdominiumization, those being: l: written notice to tenants of condominiumization, giving tenants first right of refusal to purchase their unit. response: There are no tenants currently on the property. 2: R-6 restriction of rentals to 6 month minimum leases, with no more than 2 shorter tenancies per year. response: Restrictive covenants will be included in the deeds to the units restricting rentals to 6 months. The condominium declarations will also provide that 6 month minimum lease restrictions apply. 3: Acknowledgement of the Affordable Housing Impact requirements: response: The applicant agrees to pay the housing impact fee for both units, calculated to be $16,100.00 ($8,050 for each 3 bedroom unit.) 4: Required inspection by the Building Department: response: The new unit must pass final inspection before it can be occupied. RECOMMENDATION: The Planning Office recommends Second Reading of Ordinance 67 and the approval of the Kellner Condominiumization with the following conditions as amended: 1. Landscaping or other work in the right-of-way requires a permit from the City Streets Department. 2. Rental of either unit shall be restricted to 6 month minimum leases, with no more than 2 shorter tenancies per year. This shall be a filed amendment to the Condominium Declarations. 3. Prior to the Planning Director signing the final plat for condominiumization the applicants shall pay the affordable housing fee to the Planning Office for processing to the City Finance Department. The fee shall be $16,100.00 ($8,050 per unit.) Prior to recording the plat with the Pitkin County Clerk and Recorder: 4. A revised Victoria Square landscaping plan reflecting treatment of the Seventh St. frontage shall be submitted and approved by the Planning Office. 5. The Vicinity Map on the Plat shall be corrected to show the L-3 zoned area as LP. 6. The parcel's development must conform to the City's drainage requirements as per Section 24-7.1007.C.4.f. Driveway drains may be required. The applicant needs to submit an engineering report and calculations which confirm that the historic runoff will be maintained. 7. Parking spaces, dumpster area and utility meter locations must be shown on the plat. 8. The applicant must verify receipt of an Excavation Permit for the recent alley paving project. 9. The Pedestrian Easement on the plat requires a legal description, suitable to the Engineering Department and the City Attorney. 10. A notes section on the plat must contain a Subdivision Exemption Agreement describing the terms of this exemption. 11. The applicant needs to submit for the Engineering Department's approval two copies of a final plat. Technical elements discussed in the Engineering referral comments must be addressed. PROPOSED MOTION: I move to approve with conditions the Kellner Duplex Condominiumization and have Second Reading of Ordinance 67 Series of 1990. 3 • • CITY MANAGER COMMENTS: Attachment "A" - Proposed Kellner Condominium Plat "B" - Engineering Referral Comments jtkvj/Kellner.ccmemo L L E Y B L O C I1• 1 7 Attachment "A" S 75" 09' 1 1 'E Cu U Z U I- El 2Ei 0 DRIVEWAY UTILITY EIJCROACHE3 BOXES _ OtpG. ENVC.LOP�. L 0 T-- -------46=9 - --- Y P.U.D. BUILDING ENVELOPE W ! 3 : ! 3 0 9.000 +/- SQ. FT. o 30! 0 o !Z I r , ; , !W U Z � _ 2.65' 2.65 I n GAS 9 SEWER � N I!GAS a 1 I 1 m M 2 STORY WOOD FRAME m ,! I 1.01 DUPLEX WITH CONC. BSMNT. rn ; 1 ° v 2.s' 2.4s rn PEDESTRIAN 1 2.5' 2.5 EASEMENT r ! ! � r I1 3. 5' 3. 5 1 ! 1 ! ' 7 1 I t 5 '-. ' N � . 30 ' - � ' ! ! 1 1) N N I 20.8' 1 i 1 15.2' K' 15.2' DECK _ AF30 E II DECK ARO _ I 1 I , BSMT WINDOW WELL BSMT WINDOW WELL --------- 10' `-------- 2376 N 75" 09' 1 1 90.00 W. Bleeker r • • Attachment "B" MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer Date: September 26, 1990 Re: Kellner Duplex Subdivision Condominiumization Exemption for Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. The survey monument which was set for the northeast corner of the property is a witness corner and is unclear on the plat. The monument must be indicated as a witness corner and the distance indicated to the actual corner. 2. Condominium plats do not have recording deadlines following approvals. The current plat either needs to indicate that an amendment will be filed after construction is complete, or else the plat should be held until that time. If the condominiumization is only two dimensional, then footprint information only is need, and not ceiling heights and other three dimensional information. General and limited common elements have not been indicated on this plat. The plat as submitted does not reflect conditions at the site as they are this date because construction is in progress. This is not necessarily a problem but is only indicated for your information. 3. The trash dumpster area and the utility meters must be indicated on the plat and must be on the applicant's property and not in the right-of-way. Parking spaces have not been indicated, therefore it is not possible to determine if the correct number and size have been provided. 4. Any landscaping and other work in the public right-of-way adjacent to the property will require a permit from the City Streets Department. The applicant is requested to confer with the city engineering department in conjunction with design of work within the public right-of-way. Other developments in the Victorian Square Subdivision appear to have installed improvements in the public right-of-way which would not have been permitted because they obstruct pedestrian use. 5. The planning office's attention is called to the encroachments of the building outside of the PUD permitted building envelope. One encroachment is labeled. Window wells, basement window wells, and perhaps the roof on the north side also encroach, unless these were permitted. It is not clear if any of these violate setback requirements. 6. The planning office should confirm that the correct zoning designation is indicated on the plat. 7. One of the "Approvals" is by the planning director. Is this correct for this plat? 8. The pedestrian easement will require a legal description. 9. The tree at the southwest corner of the property, at the corner of Bleeker and Seventh, must be pruned up so that the lowest hanging portion of any branch is seven feet above grade in order to provide site distance for vehicles and head room for pedestrians. 10. The portion of the right-of-way between the curb on Seventh Street and the sidewalk is unmaintained and is full of weeds which appears to be a violation of Section 13-97(c) of the municipal code. 11. The alley appears to be recently paved. I am unable at this moment to confirm if the work was done with an excavation permit. Kim, could you please check with Carolyn or Harold at the city shop (extension 5131) about this for me? If the work was in fact done without a permit, a condition of approval for this application should be that the applicant obtain a permit for the work done within the public right-of-way in the alley and perform any remedial work required. 12. Any development of the parcel must conform to the subdivision design standards for storm runoff per Section 24- 7.1007.C.4.f. The driveway drains into the alley and may need to be retrofitted with crosspans draining to drywells on the applicant's property. The applicant shall agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements in the public right-of-way using language currently available from the city attorney's office. cc: Bob Gish, Public Works Director CR/cr/memo_90.163 • • GIDEON I. KAUFMAN LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE. SUITE 305 ASPEN, COLORADO 81611 August 16, 1990 Ms. Kim Johnson, Planner Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 HAND -DELIVERED TELEPHONE AREA CODE 303 925-8166 1AX 925.1000 Re: Application for Subdivision Exemption: Condominiumization of 728-30 West Bleeker, Aspen, Colorado Dear Kim: We are counsel to Mr. Matthew Kellner ("Applicant"). On behalf of Applicant, we are applying for a subdivision exemption, pursuant to §7-1003.A.4. of the Land Use Regulations of the City of Aspen (the "Code"). Enclosed is Applicant's check in the amount of $870.00 for the application fee, together with fourteen (14) sets of the following documents: 1. Letter, dated July 18, 1990, from Matthew Kellner, authorizing the Law Offices of Gideon I. Kaufman, P.C. to act on his behalf. 2. Pre -Application Conference Summary, dated June 15, 1990. 3. Land Use Application form. 4. Certificate of Ownership, dated July 13, 1990, from Pitkin County Title, Inc. 5. P.U.D. and Subdivision Improvements Agreement, dated July 2, 1987, between C.M. Clark and the City of Aspen, for the Victoria Square Subdivision. 6. 8%Z" x 1111 vicinity map. 7. Letter, dated August 16, 1990, from the Law Offices of Gideon I. Kaufman, P.C., concerning certain items required for submission. 8. Proposed Condominium Map of The Kellner Duplex, a Condominium. Plans and Specifications for Improvements have been provided to the Building Department, a building permit has been issued and construction has commenced. Please contact the Building Department • for the Plans and Specifications. Please let me know if any further items are needed to complete this application. Thank you very much. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Profess •ona Corporation By GK/bw Giabon Kaufman Enclosures cc: Matthew Kellner • • GIDEON I. KAUFMAN LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 August 16, 1990 Ms. Kim Johnson, Planner Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 TELEPHONE AREA CODE 303 925-8166 FMO IND HAND -DELIVERED Re: Application for Subdivision Exemption/Condominiumization of 728-30 West Bleeker, Aspen, Colorado Dear Kim: In connection with the Application of which this letter is a part, the following are responses to certain requirements of the Application: 1. Evidence that the Proposed Condominium Units Shall Be Restricted to Six (6) Month Minimum Leases, With No More than Two (2) Shorter Tenancies Per Year. Please see Section 12 of the Condominium Declaration annexed hereto. This requirement is contained in such Declaration. 2 Affordable Housing Impact Fee. The Affordable Housing Impact Fee will be paid at the time of the recording of the Condominium Map. 3. Agreement by Applicant to Join a Special Improvement District. The Kellner Duplex, a Condominium, is located on Lot 5, Victoria Square Subdivision. Section II.M ("Improvement District") of the Victoria Square P.U.D. and Subdivision Improvement Agreement (the 11P.U.D Agreement") provides that the owner of land within the Victoria Square Subdivision will join such an improvement district when so requested by the City Council. Further, Section X.I.A of the P.U.D. Agreement provides that the terms of the P.U.D. Agreement "shall be binding upon and inure to the benefit of the owner and City and their respective successors and assigns". A copy of the P.U.D. Agreement for Victoria Square Subdivision is provided herewith. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C. a Professional Corporation B Y Wh Gi eon Kaufman GK/bw Enclosures cc: Matthew Kellner tew Kellner u L KNw ei o• y. . . ti+ STUAMT-BRADLEY PRODUCTIONS, INC. VIA FACSIMILE TRANSMISSION -------------------------- July 18, 1990 Law Offices of Gideon I. Kautman, P.C. A Protessional Corporation 315 East Nvman Ave. STE 305 Asnen, CO 81511 Attn: Neil Karbank Dear Neil, ThLs lettt�:lr authorizes you and the Law Otfice of Gideon 1. Kaufman to act aS my representatives in connection with the condominiumizatlon of 728-30 W- Bleeke.r., Aspen, CO. Sincerely yours, Matthew B. Kellner President Mg:K : t) IM (0 Oak Park Blvd., Second Floor rasant Hill, CA 94523 15)932-2156 k;eurge l.ellucr -Ago. m CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PROJECT: APPLICANT'S REPRE+NTATIVE: 2 i REPRESENTATIVE'S �PHONE: OWNER'S NAME: SUMMARY 1. Type of Application: ta), ` 2. Describe action/type of development being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments !✓ (- ( o 4. Review is: (P&Z Only) CC Only)% (P&Z then to CC) 5. Public Hearing: (YES) NO) 6. Number of copies of the applica ion to be submitted: 7. What fee was applicant requested to submit: %o % O 70 8. Anticipated date of submission: ++qq / VI I/P� VAI-dcey'"�"� 9. COMMENTS/UNIQUE CONCERNS: trm.pre_app L11.J1kULaLA41 A- sp D USE 115MCATION FOM • 1) Project Name THE KELLNER DUPLEX, A CONDOMINIUM Lot 5, 2) Project Location 728 30 West Bleeker Street; Victoria Square Subdivision ( indicate street address, lot & block mmtber, legal description where appropriate) 3) present Zoning R- 6 4) jot Size 9,000 sq. ft. 5) Applicant's Name, Address & Phone # Matthew Kellner, P.O. Box 3465, Walnut Creek CA 94598 415 932-2156 6) Representative's Name, Address & Phone # Law offices of Gideon I.. Kaufman, P.C., 315 East Ii man Suite 305 Aspen, CO 81611 925-6166 7) Type of Application (please deck all that apply): Qonoegbual. SPA Conceptual Historic Dev. --Conditional Use Special Review Final SPA Final historic Dev. 8040 Greenline Conceptual PUD Minor historic Dev. Final pUp Historic Demolition Stream Margin (� view Plane Subdivision "' MMountainMountain��iii` Historic Designation Condc mi _n i umizatiorie Z / P AmendmentCZ'8.25 Allotment GMQS Emmiption lot Split/Lot Line Adjustment 8) Description of Existing Uses (fix and type of existingtares; granted ted to the appmate sq. ft. ; nmDber of bedrooms; any previouss Ply) . One (1) two-story duplex (side by side) residential a±X-UCtnrP of 4,500 sq ft above grade; three (3) bedrooms each. The property is part of the Victoria Square Subdivision PUD• Building Permit #994 gra-ited on April 12, 1990. 9) Description of Development Application Subdivision exem tion/condominiumization 10) Have you attached the following? Submissioai Contents to Attadnnent 2, Niin— Response to Attacbment 3, Specific Submission Contents Response to Attacbment 4, Review Standards for Your Applications • PITKIN COUNTY TITLE, Inc. S Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX Christina M. Davis Vice President MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY FOR THE SOLE USE OF: PLEASE DIRECT CORRESPONDENCE TO: PITKIN COUNTY TITLE, INC. WHEELER SQUARE LAW OFFICES ATTN: DENISE L. LANGE 601 E. HOPKINS AVE. ATTN: NEIL CARBANK ASPEN, COLORADO 81611 (303) 925-1766 FAX (303) 925-6527 DESCRIPTION: LOT 5, VICTORIA SQUARE SUBDIVISION, according to the Plat thereof recorded in Plat Book 19 at Page 87. COUNTY OF PITKIN, STATE OF COLORADO GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP: Matthew B. Kellner TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED: Deed of Trust .......................Book 621 at Page 329 Assignment of Rents and Leases...... Book 621 at Page 338 Disburser's Notice..................Book 621 at Page 340 Financing Statement.................Book 621 at Page 341 LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED: NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE , OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES. DATE: July 13, 1990 @ 8:00 A.M. PITKIN COUNTY TITLE, INC. By: � I H ElbNrlN rSIFEE I NM 5 SEVCNTH Sr { N SEVEN TII SIREE 5 41lCt 1I yr ►, vxT/I sr ltE l-I tirvit fitHtf yj - L -1� d 5 Foulml-S 1+.FuURT11 STREET -- $ 111IND f.rREEf - N il11NU STREET SECCJNDf UrN (/1 N SECOND STREET - 0 _ An _ rn _ - -•1 /5 FIRSTfT rIRST STREET €_ - - - WRMIlCH . Sr, N. GARMISCH si11CC f s_ - !} yy2Q2 mR IA / / / / / rr�1({ II � 1 �� • • _ - - Ifs 1177 � / ! • tL � S AlPen STREET ASPEN p ST'RE-Ef ; t I 1 ( "4 S MONARCH STREET -- H MONMCH tiREET 4T N. MILL SfCET MILLSrAEFT ; - - Ep ``� +�h� "1• 6 GALP.NA Sr n ^ H GALE � a 1 , S. HUNTER ST i L S SPRING STREET •• 1( 1( ~ i ORIOINAL Sf / .4 : •., •� 1 q WESr END GTRe6r FIF C, J SCALE I INCH = 10 FT. 0 s 10 15 20 CONDOMINIUM MAP OF THE KELLNIR DUPLEX, A CONDOMINIUM AN EXISTING DUPLEX LOCATED ON LOT 5, VICTORIA SQUARE SUBDIVISION / P.U.D., CITY OF ASPEN PITKIN COUNTY, COLORAD( ALLEY L 0 T 5 �- - 9,000 +/- SQ. FT. o I v I L it 2.65' GAS 9 SEWER I v, M I , m 1.0' 1 M 01 z. s' PEDESTRIAN EASEMENT I� I 1 A 30 ' I I� I ' 2.s7ro WEST S75'08'46"E 269.96'� v ROUNDHEAD BASIS BRCS. CONTROL MONUMENT BLOCK 17 ' I I 'E DRIVEWAY EAICROAGHi�S 6LDCe. E.NV�,LOP� I [) MR ELECTRIC 20' I ❑ EASEMENI L 5- UTILITY BOXES P.U.D. BUILDING ENVELOPE J I w 3 , 0 0 , v zl f 3I i I rn r 2. 5' 3.5' Un 0 N 0 15. 2' r^ L _ DECK _ ABOYF — BSMT WINDOW WELL t � lul V- ,V io W. d r► xARANC1.5 M C i4 JZ�sPAi iDE --- ii — i— WALLAM' to -MF uo E r--=-----• w. (4[EEKER MAIN 5rOK4! ET VICINITY MAP 7/4ACEO P/SoM OL,o ANNEXA'T/ON MAr SCALE /•'=soo' 2.65 IGAS 8 3EWER M I 2 STORY WOOD FRAME m DUPLEX WITH CONC. BSMNT. 1 0 1 L 0 T 6 M � 3 1 � 2.4 I o 0o ' LEGAL DESCRIPTION i LOT 5, VICTORIA SQUARE SUBDIVISION, P.U.D., CITY OF ASPEN, PITKIN rn COUNTY, COLORADO 2.5 i I - r` 1 I 3.5 LEGEND & NOTES 5 CALLS SHOWN ARE RECORD FROM SUBD. PLAT o SURVEY ORIENTED WITH FOUND SUBD. CONTROL i i co MONUMENTS IN THE CENTERLINE OF BLEEKER ST. 20.8' i THIS SURVEY WAS PREPARED WITH LAWYER'S TITLE M 15 2' i INSURANCE COMMITMENT NUMBER PCT- DATED DECK AROVE -"� — IJ • FOUND SURVEY MONUMENT NO. 5 REBAR W/ CAP 2376 BSMT WINDOW WELL 0 SET SURVEY MONUMNET NO. 5 REBAR W/ CAP 16129 10' `--------� ADDRESSES 728 B 730 WEST BLEEKER STREET I I 'W G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT 1:ln,111►1101'iv (74.78' WIDE) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. STREET PREPARED BY ASPEN SURVEY ENG I NEER 1 S I NG I 210 S. GALENA ST P.O. BOX 2506 ASPEN. COLORADO 81612 (303) 925-36 16 DAT E 08- 1 4- 90 JOB NO. 13276 OWNE WS & MORTGAGEE'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT MATHEW KELLNER , BEING THE RECORD OWNER AND PITKIN COUNTY BANK BEING THE MORTGAGEE OF CERTAIN LANDS IN THE r_ITY OF ASPEN, PITKIN COUNTY, COLORADO AS DESCRIBED HEREON. DOES HEREBY CERTIFY THAT THIS CONDOMINIUM MAP OF THE KELLNER DUPLEX, A CONDOMINIUM. HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOMINIUM DATED THIS DAY OF '191 AND RECORDED IN BOOK AT PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO. OWNER: DATED MATHEW KELLNER MORTGAGEE:_ AS (TITLE) PITKIN COUNTY BANK STATE OF COLORADO) )ss COUNTY OF PITKIN ) THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 1990 BY MATHEW KELLENR. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO) )ss COUNTY OF PITKIN ) THE FOREGOING MORTGAGEE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1 1990 BY AS (TITLE) OF PITKIN COUNTY BANK, WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, DAVID W. McBRIDE, HEREBY CERTIFY THAT IN AUGUST, 1990, A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY, CITY OF ASPEN, PITKIN COUNTY, COLORADO, AND THAT A TWO STORY WOOD DUPLEX WITH BASEMENT WAS FOUND TO BE LOCATED THEREON AS SHOWN ON THIS MAP. THE LOCATION AND DIMIENSIONS OF THE BOUNDARY LINES, UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE TITLE COMMITMENT NOTED HEREON ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND HORIZONTAL DIMENSIONS OF THE BUILDING AND INDIVIDUAL UNITS AND THE UNIT DESIGNATIONS THEREOF. THIS SURVEY WAS PREFORMED IN ACCORDANCE WITH COLORADO REVISED STATUTES 1973, TITLE 38, ARTICLE 51. SURVEY PRECISION GREATER THAN 1:10,000. ASPEN SUURVEY ENGINEERS. INC. .1990 DAVID W. McBRIDE RLS 16129 TITTLE CERTIFICATE THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE OWNER'S AND MORTGAGEE'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED -ON THIS PLAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE. INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. DATED VINCE HIGENS 602 E. HYMAN AVE. ASPEN, COLORADO 81611 STATE,OF COLORADO) )ss COUNTY OF PITKIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 1990 BY VINCE HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE, INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC APPROVALS THIS MAP 'WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS DAY OF 1990. CITY ENGINEER THIS MAP WAS APPROVED BY THE PLANNING DIRECTOR OF THE CITY OF ASPEN COLORADO SIGNED THIS DAY OF '1990. PLANNING DIRECTOR THIS MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF AS151"14 THIS DAY OF 1990. SIGNED THIS DAY OF 1989. ATTEST: MAYOR CITY CLERK RECORDING CERTIFICATE: THIS MAP WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT O'CLOCK, _ M. THIS DAY OF 1990, AND RECORDED IN PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER