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HomeMy WebLinkAboutLanduse Case.CO.520 E Hyman Ave.A56-88 :-.. ~, CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 9/30/88 DATE COMPLETE: PARCEL ID AND CASE NO. 2737-182-15-005 56A-88 STAFF MEMBER: c.,,,,~ Condominiumization PROJECT NAME: Pitkin Center Buildina Project Address: 520 East Hvman Legal Address: Lots 2 & 3. pitkin Center Subdivision APPLICANT: Grea Kavne Applicant Address: 315 S. Galena REPRESENTATIVE: Same Representative Address/Phone: 5-1730 PAID: YES NO AMOUNT: $760.00 TYPE OF APPLICATION: 1 STEP: ><.. 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO YES NO YES @ ~.... YES @ paid: Date: VESTED RIGHTS: CC Meeting Date {\Q\} ,,-\ PUBLIC HEARING: VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: REFERRALS : X City Attorney 'i-. city Engineer Housing Dir. Aspen Water City Electric Envir. Hltb. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Roaring Fork Roaring Fork Energy Center School District :Rocky Mm Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Building Inspector Other DATE REFERRED: loJIII~ INITIAIS: N FINAL ROUTING: DATE ROUTED: INITIAL: _ City Atty _ City Engineer _ Zoning _ Housing Other: Env. Health FILE STATUS AND LOCATION: #347~'08/12/92 14:45 Rec $10.0~K Silvia Davis, Pitkin Cnty Clerk, Doc 685 PG 959 $.00 Recorded at Reception No. o'clock .m. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO': Douglas P. Allen, Esq. 600 East Hopkins, suite 302 Aspen, Colorado 81611 SUBDIVISION EXEMPTION AGREEMENT FOR PITKIN CENTER CONDOMINIUMS WHEREAS, pitkin Center Ltd. ("Applicant") is the owner of a parcel of real property in the City of. Aspen, Pitkin county, Colorado, described as follows: Lots 2 and 3, Pitkin Center Subdivision (a lot split) as shown on the Plat thereof recorded February 22, 1983, in Plat Book 14 at Page 36, County of Pitkin, State of Colorado and WHEREAS, the foregoing real property contains one three-story building; and WHEREAS, Applicant requested a condominiumization of the existing property to be known as Pitki.n Center subdivision exemption for building on the subject Condominiums; and WHEREAS, Units E....1, E-2, E-3, and E-4 are restricted to employee use pursuant to the terms of Occupancy And Rental Resale Deed Restriction And Agreement recorded in Book 553 at Page 249 in the office of the Clerk and Recorder of Pitkin County, Colorado, Units B-1, B-2, 1-A, 1-B, 1-C, P-1, P-2, 2-A, and 2-B are used for commercial business purposes and Units 3-A and 3-B are used for free market residential purposes; WHEREAS, Applicant has paid $6,025.00 for the affordable housing fee in 1989; and WHEREAS, the City Council determined at its regular meeting held on November 14, 1988, that such exemption was appropriate and granted the same, subject, however, to certain conditions as set forth below. NOW, THEREFORE, Pitkin Center Ltd. and the City of Aspen agree as follows: (1) Applicant shall record with the Pitkin County Clerk & Recorder contemporaneously herewith, that certain "Condominium .1"""\ r""', #34, ,3 08/12/92 14:45 Rec $10. }BK 685 PG 960 .~i~vi.~Da,:,~s'.f"~tkin Cnty Cl:",-~,_Doc: $.00 Declaration" for Pitkin Center Condominiums dated July 1992, attached hereto, , (2) Applicant shall comply with the restrictions as contained in the Condominium Declaration; (3) At the time of initial marketing of individual employee units, Applicant shall provide all existing tenants in the units an unassignable option to purchase their uni tat the offering price. Notice of said offering price as verified by the Aspen/Pitkin County Housing Authority, or its successors shall be given in writing to each tenant and each tenant shall have ninety days in which to purchase their unit at said price, with a copy of said notice addressed to the housing authority. This option shall not apply in the event employee units are offered either for sale as a group or together with commercial space in the building; (4) The Applicant shall join any future improvement district which may be formed for the area in which the property is located; (5) This Agreement shall bind the successors and assigns of the respective parties hereto. Dated this ~l?V day of July, 1992. PITKIN CENTER, LTD.. "tl...,J,~./ , / .."'~ .,' '. .:rohn~ 5{7~ Bennett, Mayor // . "f:Jf"\ r'}':..,..., ~~,~ Edward M. Caswall, City Attorney I, Kathryn S. Koch, do certify that the foregoing statement of Subdivision Exemption for condominiumization of Pitkin Center Condominiums was considered and approved by the Aspen City Council at its regular meeting held November 14, 1988, at which time the Mayor was authorized to execute the same on behalf of the city of Aspen. Ml\269.07312 ~ -2- .1""""\. ............ EXHIBIT A (Attached to Condominium Declaration for Pitkin Center Condominiums) Schedule of Unit Owner's percentage of ownership interest ("Allocated Interest") in the Pitkin Center Condominiums is as follows: Unit Numbers Percenta~e Ownership Interest BI B2 PI P2 IA lB IC 2A 2B 3A 3B EI E2 E3 E4 7.82 8.54 2.73 2.68 7.62 7.24 6.25 5.17 17.98 9.77 12.48 2.93 2.93 2.93 ....b.23. 100.00 TOTAL -29- J__, r"'- 'to MEMORANDUM TO: Aspen City Council FROM: y, -I). 7- Robert S. Anderson, Jr., City Manager (U t:.--- cindy Houben, Planning Office 0-{ Consent Agenda-Pitkin Center Building/ Condominiumization THRU: RE: DATE: November 14, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY: The Planning Office recommends approval of the condominiumization of the Pitkin Center as a consent agenda item, with conditions of approval as listed below in the recommended motion section. REQUEST: To condominiumize the Pitkin Center Building. APPLICANTS: Pitkin Center, LTD LOCATION: 520 East Hyman: Lots 2 and 3, Pitkin Center Subdivision. ZONING: CC, Commercial Core DESCRIPTION OF condominiumize the building includes the Office, residential penthouse) . THE PROPOSAL: The applicants wish to existing pitkin Center structure. The following mixed uses: Commercial (retail), (4 employee units and 1 free market REFERRAL COMMENTS: Engineering: In a Engineering Department, not have any concerns Pitkin Center. memorandum she notes regarding from Elyse Elliott of the that the Engineering Dept. does the condominiumization of the The Planning Office and Engineering Dept. would like to supplement this memorandum with some additional standard items. The applicant should be willing to join in any improvement districts formed for the area and the applicants shall submit a Plat which meets all plating requirements for condominiumization. This plat should be submitted to the Engineering Dept. for review and then recorded with the Clerk and Recorder. STAFF COMMENTS: Section 7-1008 of the Land Use Code provides the standards for f""""'. .,-, condominiumization. Platting requirements are the only requirement for the condominiumization of commercial space. There are standards, however, for the condominiumization of residential space in the Pitkin Center. The applicant has addressed these standards as follows: a. Purchase Rights of Existing Tenants: The applicants have committed that at the time of initial marketing, they will provide all existing tenants with a 90 day, non assignable option to purchase their unit at the preliminary market value. b. Minimum Lease Allowed: In discussions with the applicants, it has been decided that they will no longer request a waiver from the j:; month V minimum lease. restrictions for the free market penthouse unit. "-'I'ne- apiil'Tc:"<3.nts agree that the 4 employee units will continue to be restricted by the Housing Authority guidelines. c. Affordable Housing Impact Fee: The applicants agree to pay the affordable housing impact fee for the 2 bedroom, free market penthouse. This $6,025 is to be paid at the time the applicants file a condominium plat. There is no affordable housing impact fee required for the 4 deed restricted employee units. RECOMMENDATION: The Planning Office recommends approval with the conditions as outlined in the recommended motion. RECOMMENDED MOTION: "I move to approve the condominiumization of the pitkin Center Building with the following conditions of approval: \ 1. The applicants shall submit a plat to the Engineering Department which meets all code requirements for a Condominium Plat. This plat shall be recorded in the Clerk and Recorder's office. 2. The applicants shall agree to join any future improvements district which may be formed for the area in which the Pitkin Center is located. 3. The applicants shall pay $6,025.00 for the Affordable Housing Fee at the time of recordation of the Condominium Plat. II - (' ",."l I'l' . 2 ayy y! .' -'}- ../ ,-. r-., CITY MANAGER COMMENTS: ch.pitcenter 3 ~ AT.l'AC1IMml' 1. ~ lAND USE APPLICATIOO FClIlM 1.) 2) Project Name Pitkin C..nr..r B11i1 ni ng' connomi ni 11mi "rlH on Pronect I.oca....on ~ 2 0 ~ t- H J .~ 2__ r.n~ ymnn~ ~Rppn Lots 2 and 3, Pitkin Center Subdivision. Pitkin Countv, Colorado (iIrlicate street address, lot & b10ck IUlJJber, lega1 description where ' . apprq:>riate) ., . ~ . 3) Present Zor1.iIq CC 4) lot Size 6.000 Sq_ Ft. 5) 4Plicant's Name, l\ddress & :R1one it Greq Kavne, 315 South Galena Aspen. CO 81611 (303) 925-1730 6) Repl:esentative's Name, 1\ddress &:R1one it Greg Kayne. 315 SOl1rh ~rl1..nrl Aspen, CO 81611 (303) 925-1730 7) Type of Aw1ication (p1ease dleck all tl,Jat apply): COn:litialal Use _ Carxlepb.la1 SPA _ COocepblal. Historic Dev. _ Sp<>r!i;> 1 Review Final SPA Final Historic Dev. 8040 Gr:eenl.ine _ Carxlepb.la1 roD Final roo Minor Historic Dev. " _ stream MiRgin Historic Dem:>1ition M:Juntain view Plane . SUbdivision ' _ Historic Designation . ~tion _ lot Split:jIot Line 1\dju"Lu.:..t _ Text/MaP .Amerx3ment --- 66x-, _ Go:; Allotment _ Go:; ExelIpti.on 8) Description of Exist.i1XJ Uses (rwmlv>r am type of exi.stinq st:ruc:tm:es; approximate sq. ft.; )"0........... of l-:h.<A.W:>; any previ.oc&s approvals granted to the prcparty) . 1 Structure, 12,000 So.Ft., mix of Commercial. Office. Residential and Emplovee Housinq. Granted GMP allocation in ]986 9) Description of Devel.~.t Awl-ication Condominiumization of existing hui1ning (12 f' ;I/L_P~) ? 1.0) Have yaI attadJed the followin:J? ~ Response to Att:a.1....,.tL 2, Mi.ninJJm Sn!-mi=i.cn O::.nt:ents ~ Response to Att:ad1ment 3, Specific Sn!-mi=ion O::.nt:ents ~ :'" '{'ollse to At:t:ad1ment 4, Review st:aImrds far Your Awlication .' . ........... r-- '"" Greg Kllyne Seplernber27,1966 Cindy Houben CHy of Aspen Planning Department 130 Soulh Glllenll Aspen, CO 81611 DeorCindy, ASllconlrllct PurchllseroflhePitklnCenlerBuilding, I will be represenlinglhepllrtnershipinthecondominiurniZlltlonoflhebuildi"g. Addressing Attllchm1!nt 2, Pllrographs 1-5. PllrogrllPh 1: The individuels Involved In the partnership tlfe: JllmesVlllerio 100 Drokeslllndlng Road, Suite 245 Greenbrlle, (It. 94904 (415) 461-8600 H. M.loud 700 North Woodward Birmingham, HI 46011 (313) 646-6100 Dllvldllvlngslon 1003 Porchment Drive South Eost Gfllnd Rapids, NI 49506 (616) 942-4222 GregKllyne 315 South Gllleno Aspen, CO 61611 925-1730 (1) "" .~ ,..... r-. PGnlgraph 2: The legll1 description is, lots 2 & 3, Pitkin Center Subdivision, P1tkin County,ColOr8do. The subject property is locoted 0\520 Ellst Hymeln, Aspen, Colorado. Paragraph 3: EnclosedisllcopyoflheTltlelnsurllnceCommltmenlandoletterfrt'lm lhecurrenlownersoulhorizingourllPplicotlon1orcondornlnlumizlllton. Pllnlgnlph4: Enclosed 18 II B 1/2" X 11" viCinity map with the subject property locllted wlthin the City of Aspen. PllrGQrtlph 5: Enclosedllrsllll11pproprilltellndpertinanlitemsrequestedonAtlllchments 3 Ilnd 4, of the CondominlumiZlltlon opplicotion pockllge. IpenJonllllyw11lbehllndlingthlsmlltlerllndlll1cOrr8sPOndenceshouldbe directed to me. Sincerely. ./57Kr- Gregl(lIyne (2) 0::- . r-- '"' Greg Koyne September 21. 1966 (lndyHouben City of Aspen Planning Depllrtmenl 130SouthGIllenll Aspen, CO 61611 RE: PitkIn Center Building CondominlumlZCltion DellrClndy, Addressing AttllChment -3, Pllrllgrllphs 1-2. Pllrllgrllph 1: Improvemenl survey enclosed. Pllrogn:lph2: Secllonll: At t1me of ioWal morketlng, we wl11 provIde oil existIng resldentl1l1 tenants with II ninety-dOy. nOnllssignable option to purchose their unit 01 the preliminary mlln::et volue. In IlddiUon, lit the time of recording the Condominium Plot, we will record II ninety doy exclusive right of first refuslll,fortheexlstingresldentilll tenllnts 10 purchl!lse lhier unit in the event thllt obonll fide offer to purchose Is Ilccepled by lhe owners. 5ectionb: Regllnling the four employee housing units, we w11l fully comply with the minimum six month leose requirement. Regonling the top floor two residenhlil units, we beHeve thot those units llre eKempt from the minimum 51K month lellse restriction becl!luse we comply with 1!I111tems on Attl!lchment 4, PM"l!Igrtlph l-b-2, (0) through (d). Plellse see the following: (1) ~ . r- 1'"'\ Addressing Attochment 4, Pllrogroph 1 ~b-2: Section II: Host otherresidentilll units in the downtown llr811 lire either, notrentlll restrtctedorful1ydeedrestrictedemployeehous1ng, The fallowing is 0 summllry of the housing in the immedillte neighbartlOOd: IWII. IndependenceSQuore Aspenhof Aspenblock AspenSQullre ChlltelluAspen 700 E.Hymon PltklnCenter CilyPlllZO LOCATlQf1 1.5 blocks South 1 block South .5 block SW 1.5 blocks SW 1 block South 3 blocks Eost on sUe .5 block North .OF UNITS .ug 33 Hotel 6 Shortllong tenn 6 Long/short-tenn ollowed 105 Condo/Hotel 22 Short-tenn 6 Second tlOme/no RJ/. 4 Emp.Housing 4 Emp.Housing Section~ The current owners of the building, hove been using the resident111lunitonllPllrt-timebllslsllndrenlingtheunilduringpellk short-lennrentlll periods. Seclion c. The building is in the Commen:tlll Core, 1/2 block from the Hymlln Ayenue Hllll, 2.5 bloctcs from Ruby Pllf1< ond 3 blocks from the bose of Aspen HountClin. Section d. The Aspen Arell Comprehensive PIlln des1gnetes the Centrol Arell ,0 011 ow the primcry use of Illnd for tourist commercilllllCtiyity thlltlsessentillltothecommunlty'seconomicectivity: Addressing Attllchment 3, Sect10nc: We feel thllt the condom1niumizlltion will not hllye llny impllct on llffOrdllblehousing,becllusethefreemllrketresidentiolunitsorecurrently used by the owners ond ore not port of the loclll houslngmOrket. Sincerely, ~7 ,.e,,~ Greg Koyne (2) ,-,. /'""'\ ~, " pl=. .1i;;.a "lQ~ i'1;~ I-it-- . !:g;. === =~! = .~. = ~ m ~ <;:=;" e! n;::'= ';&1 ~ s=.- CD; Ie__ ...! ~~ r I ~ ier =- " ~ ... ,. \ .:"".':" . I 1 \ ~ , .\ (, I , . --- --- -~4-.._.'_.--"-"1IIIIIII.._-"-- ~ :;':.-::. )I ~ - @!Dyers 'Ptle Insurance @rPoration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA 7 . , ~ --..---. ..-.-..- ?,!, COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective date: 01/25/88 AT 8:00 A.M. 2. Policy or policies to be issued: (a)ALTA owner's Policy-Form B-1910 (Rev. 10-11-70 & 10-11-84) or 10/21/87 PROPOSED INSURED: JAMBS VALERIO AND H.M. (b)ALTA Loan Policy, (REV. 10-17-70 & 10-11-84) or 10/21/87 PROPOSED INSURED: TO BE DBTERMINED (c)Alta Loan Construction Policy, 1975 (Rev. 10-17-84) PROPOSED INSURED: Case No. PCT-1812 C3 Amount $ 2,700,000.00 Premium $ 1,747.25 LOUD Amount $ 2,160,000.00 Premium $ TBD Amount $ Premium $ Tax Cert. $ 5.00 3. Title to the FEB SIMPLE estate or interest in the land described or referred to in this Commitment is at the effect1ve date hereof vested 1n: PITKIN CBNTER JOINT VENTURE, A JOINT VENTURB 4. The land referred to 1n th1s Commitment 1s descr1bed as, follows: LOTS 2 AND 3, PITKIN CENTER SUBDIVISION (A LOT SPLIT), as shown on the Plat thereof, recorded February 22, 1983 1n Plat Book 14 at Page 36. COUNTY OF PITKIN, STATB OF COLORADO. Countersigned at: PITKIN COUNTY TITLB, INC. 601 E. HOPKINS ASPEN, CO. 81611 303-925-1766 or agent Schedule A-PG.1 Th1s Comm1tment 1s 1nva11d unless the Insur1ng Provisions and Schedules A and B are attached. , '10rm 100 Lhho In U.S.A. "~lCJO.CCl4112 ...- -_..I_..'_..I_..'_.._..I_~.'_.._..I_..I_.._..'_..'_..'_IIII!.._..._...__.._..._..,......._...__.I_..,...._.._.......I_ -____.-- --, ,-----_.__..--___.,_.I__._.,.~. --- .---- ~ .- l1wyerslide Insurance @rporation .,~, NATIONAL HEADQUARTERS RICHMOND, VIRGINIA 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: 1. Release by the Public Deed of Trust from To the Public Trustee Por the use of To Secure Dated Recorded Reception No. 2. Release by the Public Deed of Trust from To the Public Trustee Por the use of To secure Dated Recorded Reception 3. Deed from To Trustee of; :PITKIN CENTER JOINT VENTURE. A TEXAS JOINT VENTURE of the County of Pitkin :ASPEN SAVINGS AND LOAN ASSOCIATION : $115.000.00 :DECEMBER 10. 1987 :DECEMBER 11. 1987 IN BOOK 552 AT PAGE 804 :295693 Trustee of the. : PITKIN CENTER JOINT VENTURE. A TEXAS JOINT VENTURE of the County of Pitkin ASPEN SAVINGS AND LOAN ASSOCIATION $1.725.000.00 DECEMBER 10. 1987 DECEMBER 11. 1987 IN BOOK 552 AT PAGE 771 295691 :PITKIN CENTER JOINT VENTURE. A JOINT VENTURE :JAMES VALERIO AND H.M. LOUD NOTE: If the proposed insured hereunder is other than james Valerio and H.M. Loud. Pitkin County Title. Inc.. 'lIIUst be notified and additional requirements and/or exceptions may be added. 4. Certificate of Nonforeign Status of Transferor signed by an .Officer of PITKIN CENTER JOINT VENTURE. 5. Evidence Satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) has been paid or exempted. 6. Deed of Trust from : james Valerio and H.M. Loud to the Public Trustee of the County of Pitkin for the use of : Parties to be determined to secure : S2.160,OOO.00 NOTE: The Company hereby reserves the right to make additional requirements and/or exceptions as deemed necessary upon naming proposed insured as lender. " of a This commitment is invalid unless Schedule B-Section 1 PG.1 the Insuring Provisions and Schedules Commitment No. PCT-1812 C3 - . "_.-_ ._" w....:t.. . ... -...--. .. ~_~= ._:: I . -..'-.--..1_..'_..1-_.'-..'-_.1_..'_..1_."__.'--.--.'__._..~..I_..I_..'__'(_.._ Form 100 litho in U.S.A. J35-0-10ll-004112 -- ---- --J T-.-'-..' .------.----} ~..---._-.--.--..----.-"IIl'..,--.- ~wyers Jtle Insurance @rporation " NATIONAL HEADQUARTERS RICHMONO, VIRGINIA 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. encroachments. and 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. S. 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 assessments. charge or lien imposed for water or sewer service. or for any other special taxing district. 7. Reservations and exceptions as contained in Deeds from The City Of Aspen. recorded in Book 59 at Page 56. in Book 59 at Page 157. and in Book 157 at Page 212 as follows: "Provided. 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. Easements and Rights of Way as shown on the Plat of Pitkin Center Subdivision (A Lot Split). recorded February 22. 1983 in Plat Book 14 at Page 36. 9. Building Encroachment as shown on the Plat of Pitkin Center Subdivision (A Lot Split). recorded February 22. 1983 in Plat Book 14 at Page 36. 10. Terms. conditions. obligations and provisions of Statement of Exception from the Full Subdivision Process. recorded February 22. 1983 in Book 440 at Page 863. , 11. Terms. conditions. obligations and provisions of Occupancy arid Rental Resale Deed Restriction and Agreement as set forth in instrument recorded December 17. 1987 in Book 553 at Page 249. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Section 2 PG.l Commitment No.PCT-1812 C3 __'_"_.__..'_.1'_..__._..'_..'_..'_..'_..1_..1_..'_..__'__"_..'_.._..'__._..'_..'_..'_..'_.11_..'_..'__.'__.'_..'_ ;:orm 100 Litho in U.S.A. jJs,.o..1Q0..004112 "r - ~ , - -- ~wyersltle Inswance @Poratlon ~, '" " NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B-SECTION 2 CONTINUED __UIa'II Exceptions numbered . NONE are hereby omitted. The awner's Policy to be issued, it any, shall contain the tollowing items in addition to the ones set torth above: (1) The Deed ot Trust, it any, required under Schedule B-Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereot; water rights, claims or title to water. > This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Section 2 Commitment No.PCT-1812 C3 orm 100 litho in U.S.A. ~lllO-OO4112 ~.I__'_...__.r__._..__'_..I_."__.I_ .r__.,_.I_..I....._..._..I_..,~..I_...__.,__..__.._.. _..____._..._.._ . .... kwye181tle Insurance @pOration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA ,~. ,'. j' COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof, This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time ofthe issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such pOlicy or policies is not the fault of the Company. This Commitment shall not be validor binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent ofthe Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust. trust deed, or other security instrument, 2, If the proposed Insured has or acquires aCWell knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shaH fail todisclose such knowledge tothe Company in writing. the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced byfailure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect lien, encumbrance. adverse claim or other matter, the Company at its option may amend Schedule B of this Commitmentaccordingty, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations, 3, Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy ,or poliCies committed for and only for actual loss incurred in reliance hereon in undertaking iogood faith (a)to comply with the requirements hereof. or(b) toeliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment, In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4, Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ';"'"'''',;';''' ~ lltle Insurm,ce <9rporaUon 07 Me'. _ rd ~(f"\/' -() PreSident ...., ./(W 9~ ~!!E., "'<".'.;., 1""'"'\ .~ ISPEI PlePEBTllS Aug. 23, 1988 Mr. Greg Kayne Ute City Brokers Aspen, CO 81611 HAND DELIVERED Dear Greg: This is a statement of our consent that your clients, Messers. Valerio and Loud, be able to pursue condominiumization of the Pitkin Center Building at 520 E. Hyman. We have mutually agreed upon a contract whereby they will purchase the building from us, and they have our permission to do everything necessary to condominiumize the property during this "contract" period except the filing of the Condominium Map. Sincerely, q-c '-111'\.f . { '^"'- v Vi \. G"........A..,c,....- {Jim Mart:in Pitkin Center Joint Venture (303j925-8310 . 215 S, Monarch . P.O. Box 10502 . Aspen, Colorado 81611 I"""'- ^' MEMORANDUM To: Cindy Houben, Planner A(7 Elyse Elliott, Engineer ~ October 28, 1988 From: Date: Re: Pitkin Center Building Condominiumization =====~==================================================== After reviewing the above application and making a site inspection, the Engineering Department has no problems with the condominiumization of this building. r" .~ " , MEMORANDUM TO: City Attorney city Engineer FROM: Cindy Houben, Planner Pitkin Center Building Condominiumization Parcel 10 # 2737-182-15-005 RE: DATE: October 11, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application from Greg Kayne for Condominiumization approval for the Pitkin Center Building which is located at 520 East Hyman Avenue. Please review this material and return your comments no later than November 4, 1988 so that r have time to prepare a memo for the City Council. Thank you. ,.....'\ r'>\ ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81611 (303) 925-2020 October 11, 1988 Greg Kayne 315 S. Galena street Aspen, CO 81611 RE: Pitkin Center Building Condominiumization Dear Greg, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS complete. We have scheduled your application for review by the city Council on November 14, 1988. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any other questions, please call Cindy Houben, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant