HomeMy WebLinkAboutcoa.lu.co.914 E Cooper Ave.A005-99PN: 2737-182-31024 Case A005-99
Condominiumization of Lot 2, Phillips/
1899
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611'
(970) 920-5090
City of Aspen
Land Use:
1041 Deposit
1042 Flat Fee
1043 HPC _
1046 Zoning and Sign
Referral Fees:
1 163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071 Board of Appeals
1072 Building Permit
1073 Electrical Permit
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit
1078 Reinspection
Other Fees:
1006 Copy
1302 GIS Maps
1481 Housing Cash in Lieu
1383 Open Space Cash in Lieu
1383 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right-of-way
1164 School District Land Ded.
TOTAL '�::t I ' D — i
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NAME:j
ADDRESSTROJECT:
4 I�
PHONE:
CHECK#
CASE/PERMIT#: < Cj # OF COPIES:J�
DATE: / �� INITIAL:
Case-9 f u o z -) q
Representative's Name:
Phone:
Fax:
CASE STATUS SHEET
J (:D C4
Case Assigned To: - -S
Activity:
Date Assigned: % / % 1717
Date Applicant Contacted:) �qq
Date of Site Visit: Y7/�
Date of Determination of Com leteness_
Date of DRC Meeting: Y- C,
P&Z Date(s):_
HPC Date(s):_
Council Date(s):
Date _ ^ �kction/Activity ,
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CASE NAM E:l Co ndominiumization of Lot 2, Phillips/Gordon Lot Split Subdivision PLNR Ghris Benders
PROJ ADDR: 914 L. Cooper Avenue CASE TYPI Condom iniumzation STEPS:1
OWN/APP: MSJ Properties/Step ADR c/o Brook Peterson C(S/Z: Aspen, CO 8161 1 PHN: 925-8166
REP: Brook Peterson ADR: 315 E. Hyman Ave., C/S/Z: Aspen, CO 8161 1 PHN: same
FEES DUE 255 (ff) + 160 (e) FEES RCVD 415 STAT:
REFERRALS
=. BYr �{ DUE:
MTG DATE REV BODY (` �P-H�-NOTICED
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_.___....._ ATE OF FINAL ACTION:
REMARKS1 CITY COUNCIL
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CLOSED:;- / U'
PLAT SUBMITD:
BOAT
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ADMIN:I S]G
•
C:
MEMORANDUM
TO: Engineering Department
FROM: Sarah Oates, Planning Technician
Community Development Department
RE: Lot 2, Phillips/Gordon Lot Split Subdivision Condominiumization
DATE: January 21, 1999
Attached is an application for Lot 2, Phillips/Gordon Lot Spit Subdivision
Condominiumization for your review. I do not think it is necessary that this case be
reviewed by DRC. Please return to me indicating necessary changes.
0
•
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LAW OFFICES OF
BROOKE A. PETERSON KAUFMAN & PETERSON, P.C.
GIDEON I. KAUFMAN• 315 EAST HYMAN AVENUE, SUITE 305
HAL S. DISHLER •• ASPEN, COLORADO 81611
OF COUNSEL.
ERIN L. FERNANDEZ-
ALSO ADMITTED IN MARVLAND
'- ALSO ADMITTED IN TEXAS
'-' ALSO ADMITTED IN FLORIDA VIA HAND DELIVERY
January 13, 1999
Aspen/Pitkin Community Development Dept.
130 South Galena Street
Aspen, Colorado 81611
Re: MSJ Properties, LLC
Ladies and Gentlemen:
TELEPHONE
(970)925-8166
FACSIMILE
(970) 925-1090
Please allow this letter to serve as the formal request for permission to condominiumize the
newly -constructed duplex improvements located on Lot 2, Phillips/Gordon Lot Split Subdivision by
MSJ Properties, LLC (the "Applicant"). The Applicant believes that this Application is in
conformance with Section 26.88.070 of the City of Aspen Municipal Code because the enclosed draft
of the Condominium Plat, reflecting all of the condominiumized units, complies with the requirements
set forth in Section 26.88.070, and because the proposed condominiumization complies with the
requirements of the Colorado Common Interest Ownership Act. The enclosed draft of the
Condominium Plat, when approved and executed, will meet all of the requirements set forth in
Subsection (13)(1)(b).
There is nothing atypical about this proposal for condominiumization as it mirrors the
condominiumization previously done to The Pyrenees Townhomes located on Lot 1, Phillips/Gordon
Lot Split Subdivision and built by the Applicant's sister organization, A.C.B.B. Properties, LLC. The
undersigned believes that we have met all of the requirements set forth in the City of Aspen
Pre -Application Conference Summary, a copy of which is enclosed herewith.
With this Application you will find enclosed the following:
A Deposit of Four Hundred Fifteen Dollars ($415.00) for review of the Application.
2. A signed Agreement for Payment of City of Aspen Development Application Fees.
Proof of Ownership.
4. Letter of Authorization.
Aspen/Pitkin Community Development Dept.
January 13, 1999
Page 2
5. An 81/z x 11 vicinity map locating the parcel within the City of Aspen and the proposed
plat from the registered land surveyor.
6. Pre -Application Conference Summary Sheet.
Two (2) copies of each of the requested documents have been provided.
Should you need any further information, please do not hesitate to contact the office of the
undersigned.
Yours very truly,
KAUFMAN & PETERSON, P.C.
A Professional Corporation
By: -
Broo,ke A. P terson
BAP/ljk
Enclosures
cc: MSJ Properties, LLC
letters4sp-pit com dev msj properties
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and MSJ Properties, LLC, a Colorado limited liability company
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
condominiumization of the subdivision improvements on Lot 2, Phillips/Gordon Lot Split
(hereinafter, THE PROJECT). Subdivision
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Planning applications and the payment of all processing fees is -a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited
through the greater certainty of recovering its full costs to process APPLICANT's application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project approval, unless current billings are
paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of S 415 .00 which is for fee * hours aF Plan..:_g, 3ta ff .:._. - and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the
processing of the application mentioned above, including post approval review. Such periodic payments shall be.
made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be
grounds for suspension of processing.
* and $160.00 for engineering fees,
CITY OF ASPEN
By: C�� "(, C, �,
lie Ann Woods
Community Development Director
APPLIC
rPRORT ES, C, a Colorado
te Li b'li y ompany
By gzn, I K r4cc Q- 31Wr
r ok A. Pe e n, Attorney in Fact
atP- /1 /99 for'Stephen M. Bellotti
Mailing Address:
c/o Brooke A. Peterson, Esq.
Kaufman & Peterson, P.C.
315 E. Hyman Avenue, Suite JUS
Aspen, CO: 81611
• •
LAW OFFICES OF
BROOKE A. PETERSON KAUFMAN & PETERSON, P.C.
GIDEON I. KAUFMAN' 315 EAST HYMAN AVENUE, SUITE 305
HAL S. DISHLER •• ASPEN, COLORADO 81611
OF COUNSEL:
ERIN L. FERNANDEZ-
ALSO ADMITTED IN MARYLAND
ALSO ADMITTED IN TEXAS
ALSO ADMITTED IN FLORIDA VIA HAND DELIVERY
January 13, 1999
Aspen/Pitkin Community Development Dept.
130 South Galena Street
Aspen, Colorado 81611
Re: MSJ Properties, LLC
Ladies and Gentlemen:
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
Please allow this letter to serve as the letter required by Section 26.52.020 of the City of
Aspen Municipal Code regarding ownership of Lot 2, Phillips/Gordon Lot Split Subdivision.
Based upon my review of the records of Pitkin County, Colorado, as an attorney duly licensed
to practice law in the State of Colorado, I hereby certify that MSJ Properties, LLC is the owner of
Lot 2, Phillips/Gordon Lot Split Subdivision. This ownership is subject to the following mortgage,
easements and contracts, none of which, in my opinion, affect MSJ Properties, LLC's ability to apply
for condominiumization of the improvements located thereon:
1. Exceptions and reservations as set forth in the Act authorizing the issuance of the
Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216.
2. Right of way for ditches or canals constructed by the authority of the United States,
as reserved in United States Patent recorded August 29, 1958 in Book 185 at Page 69.
3. Easements, rights of way and all matters as disclosed on Plat of Phillips/Gordon Lot
Split Subdivision, recorded April 20, 1995 in Plat Book 37 at Page 1.
4. Terms, conditions, obligations and all matters as set forth in Statement of Exception
from the Full Subdivision Process recorded April 20, 1995 in Book 779 at Page 126.
5. Terms, conditions, provisions and obligations as set forth in Curb and Gutter
Agreement recorded April 20, 1995 in Book 779 at Page 131.
Aspen/Pitkin Community Development Dept.
January 13, 1999
Page 2
6. Terms, conditions, provisions and obligations as set forth in Accessory Dwelling Unit
Deed Restrictions recorded May 2, 1996 as Reception No. 392317 and recorded March 20, 1997 as
Reception No. 402663.
7. Deed of Trust from A.C.B.B. Properties, LLC, a Colorado limited liability company,
to the Public Trustee of the County of Pitkin for the use of Stephen M. Bellotti recorded February 2,
1996 as Reception No. 389623.
8. Deed of Trust from A.C.B.B. Properties, LLC, a Colorado limited liability company,
to the Public Trustee of the County of Pitkin for the use of Alpine Bank -Aspen Branch recorded
September 29, 1997 as Reception No. 408963.
9. Deed of Trust from MSJ Properties, LLC, a Colorado limited liability company, to
the Public Trustee of the County of Pitkin for the use of A.C.B.B. Properties, LLC, a Colorado
limited liability company, recorded October 1, 1998 as Reception No. 422682.
Should you have any questions, please do not hesitate to contact me.
Yours very truly,
A
BAP/ljk
cc: MSJ Properties, LLC
letters\asp-pit com dev msj properties exceptions
PETERSON, P.C.
VIA HAND DELIVERY
January 13, 1999
Aspen/Pitkin Community Development Dept.
130 South Galena Street
Aspen, Colorado 81611
Re: MSJ Properties, LLC, a Colorado Limited Liability Company
Ladies and Gentlemen:
Please be advised that the Applicant's name is MSJ Properties, LLC, a Colorado Limited
Liability Company (the "Applicant") and its address is c/o Stephen M. Bellotti, Merrill Lynch Credit
Corporation, 250 Vesey Street, 81h Floor, New York, New York 10281. Mr. Bellotti's telephone
number is 212-449-7377. The Applicant can also be reached care of John Davis at 927-9700 or
379-6392.
The Applicant's representatives are John Davis whose address is PO Box 966, Basalt,
Colorado 81621, and whose telephone numbers are listed above, and/or Brooke A. Peterson, Esq.,
Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado 81611; telephone:
970-925-8166.
A copy of the Power of Attorney granting the undersigned the authority to execute this letter
is enclosed.
Please feel free to contact me if you have any questions.
MSJ P ertie LLC--a, Colorado Limited
/ 04 I K' "C
A�Peters&Wtornev in Fact for
�Steplien M. Bellotti, Member/Manager
BAP/ljk
Enclosure
letters\asp-pi[ corn dev msj properties proof
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT I, STEPHEN M. BELLOTTI, whose
address is Merrill Lynch, North Tower, 8`h Floor, 250 Vesey Street, New York, New York 10281, reposing
special trust and confidence in BROOKE A. PETERSON or ERIN L. FERNANDEZ of Kaufman &
Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado, 81611, hereinafter sometimes referred
to as "Attorney -in -Fact", do hereby make, constitute and appoint said Brooke A. Peterson or Erin L.
Fernandez, as my true and lawful Attorney -in -Fact in my name, place and stead, for the following purposes
and on my behalf, from time to time, to do any and all of the following acts, as fully as I might do or could do
if personally present, to wit: To make and execute, in my capacity as a member or manager of MSJ Properties,
LLC, a Colorado Limited Liability Company, or individually, any and all promissory notes, security
instruments, pledge agreements, assignments of promissory notes and/or deeds of trust, financing statements
and loan documents which may be requisite or necessary to evidence any loans to MSJ Properties, LLC, a
Colorado Limited Liability Company, from Merrill Lynch Credit Corporation in the principal amounts of
Nine Hundred Forty -Five Thousand Dollars ($945,000.00) and in the principal amount of Three Hundred
Fifteen Thousand Dollars ($315,000.00) to be secured by the following described real property:
Lot 2, Phillips/Gordon Lot Split Subdivision, according to the Plat thereof recorded April 20,
1995 in Plat Book 37 at Page 1 as Reception No. 380697 of the records of Pitkin County,
Colorado.
And further, to execute, either individually or in my capacity as either a member or manager of
MSJ Properties, LLC, a Colorado Limited Liability Company, any and all documents necessary to complete
the condominiumization of the above referenced real property, including, but not limited to, condominium
maps, plats, declarations and land use applications, said condominiums to be called Independence Gate
Townhomes, a Condominium.
Further, I hereby warrant the said authority granted above and I ratify and confirm all that my
Attorney -in -Fact shall do or cause to be done.
This Power of Attorney shall not be affected by my disability.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 31St day of December, 1998.
STEPfI64 M. BELLOTTI
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN �x )
The foregoing document was acknowledged and sworn to me before me this 31" day of December,
1998 by Stephen M. Bellow.
WITNESS my hand and offs pal sal.
�PRY�P commission expires: 20°
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CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
99251090 P.01
PLANNER: Chris Bendon, 920.5072 DATE: 1-V?
Condominiumization of Lot 2, Phillips/Gordon Lot p it Subdivision
PROJECT: Peterson,
REPRESENTATIVE: Brooke A. Peterson o Kaufman &Peterson, P.C.
OWNER: MSJ Properties,
LLC
TYPE bOF APPLICATION: Subdivision exemption for Condominiumization
DESCRIPTION:
i
Land Use Code Section(s)
26.88470 Condominiumization
26.521 Development Review Procedures
26.52�030 Application and Fees
i
Revieyr by: Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
Public Hearing: No.
Referro Agencies: Engineering,
Planning Fees: Planning Flat Fee $255
Referral Agency Fees: Engineering $160
Total Deposit: $415
To apply, submit the following information:
I
1. Total deposit for review of the application.
2. Signed fee agreement.
3. Proof of ownership.
4. Applicant's name, address and telephone number -in a letter signed by the applicant, which also states the name,
address and telephone number of the representative. Include street address and legal description of the property.
5. Summary letter explaining the request (existing conditions Iand3 proposed uses) and addressing the standards of
the Land Use Code sections listed above.
6. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
7. Old (existing) plat if one exists. (from City Engineering or County Recorder)
8. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080
9. ; Copies of prior approvals (from City Clerk)
10. 2 _Copies of the complete application packet (items 3-9)
Process:
; Planner reviews case for completeness and sends to Engineering and referral agencies. 1-2 weeks later planner
Apply
will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor
makesithose changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with
Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency
with the review criteria and technical considerations. Plat is then be signed by City Engineer. Applicant then can record
the final plat at the County Clerk and Recorder (fee). - - — ---
Ptist-iY' Fax Note 7571
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NOTICE. According to cobredo bw You InuM LOrlerler,ce Any 410 Action NAed
won " debn in "No survey wNten IINee Y«n eRw you Ift dWommir Kch debt .
In no event May .my Action (NUed upon enr do W in NW sunray a oonNl»rN. I
more Men ten yeArs trorn tl,e dAte o1 Nu prtlRptbn shown I,eleorl.
CARL R. CARMICHAEL, P.L.S.
P.O. BOX 1367
CARBONDALE a COLORADO 81623
(303 -963-07ST)
0 5 10 20 30 40 50 FEET
SCALE.' 1 l d '
BASIS OF BEARINGS:
A bearing of N.14°50'49"E along the common line between Lots 1 and 2, Phillips Gordon
Lot Split, a found No. 4 rebar and Red Plastic Cap P.L.S. 25944 and a found No. 5 rebar
and Red Plastic Cap P L.S 24303
CERTIFICATE OF DEDICATION AND OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS that MSJ Properties, L.L.C., a Colorado Limited
Liability Company, being the record owner of certain lands in the City of Aspen, Pitkin
County, Colorado to wit:
Lot 2, PHILLIPS/GORDON LOT SPLIT SUBDIVISION, according to the Plat thereof
recorded April 20, 1995 in Plat Book 37 at Page 1 as Reception No. 380697
Has by this Condominium Plat for The Independence Gate Townhomes, a Condominium,
containing twp sheets, laid out, platted and subdivided the above described lands into
condominium units pursuant to the purposes stated in the Declaration for The
Independence Gate Townhomes a Condominium, and said owners do hereby publish this
Plat under the name and style of CONDOMINIUM PLAT FOR THE INDEPENDENCE GATE
TOWNHOMES a Condominium.
MSJ PROPERTIES, LLC,
A COLORADO LIMITED LIABILITY COMPANY
By
John Davis, Manager
STATE OF COLORADO )
COUNTY OF )ss)
The foregoing Certificate of Dedication and Ownership was acknowledged before
me this day of 19_, by John Davis, as Manager of MSJ,
Properties, LLC, a Colorado Limited Liability Company.
WITNESS my hand and official seal.
My Commission expires
Notary Public
MSJ PROPERTIES, LLC,
A COLORADO LIMITED LIABILITY COMPANY
By
Brooke A Peterson as Attorney In Fact for
STATE OF COLORADO
Stephen M. Bellotti, Manager
)
)ss.
COUNTY OF ON, )
The foregoing Certificate of Dedication and Ownership was acknowledged before
me this day of , 19_, by Brooke A. Peterson as Attorney
In Fact for Stephen M. Bellotti as Manager of MSJ Properties, LLC, a Colorado Limited
Liability Company
WITNESS my hand and official seal.
My Commission expires
Notary Public
TITLE EXAMIN�S_CERTIFICAT
The undersigned, a duly authorized representative of Pitkin County Title, Inc., registered to
do business in Pitkin County, Colorado, hereby certifies that MSJ Properties, L.L.C., a
Colorado Limited Liability Company, listed as owner on this map hold fee simple title to the
real property described hereon free and clear of all liens and encumbrances except for the
liens of the mortgagees named hereon. Although we believe the facts stated on this map
are true, this certificate is not to be construed as an abstract of title, nor an opinion of title,
nor guarantee of title, and it is underzil—d 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.
Date.
Vincent J. Higens, President,
Pitkin County Title, Inc.
601 East Hopkins, Aspen CO 81611
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing Title Examiners Certificate was acknowledged before me this
day of 19_, by Vincent J. Higens as President of Pitkin County
Title, Inc..
WITNESS my hand and official seal.
My Commission expires:
Notary Public
Surv9"d JANUARY 1998
Drafted JANUARY 1998
CONDOMINIUM
PLAT FOR
INDEPENDENCE GATE TOWNHOMES
MORTGAGE HOLDER'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS that Alpine Bank, Aspen, Merrill Lynch Credit
Corporation, and Stephen M. Bellotti, beneficiaries of that certain Deed of Trust recorded
19 , in Book _ at Page _ as Reception No.
in the Pitkin County Records encumbering the lands shown hereon, consents
to and approves this recording of the Condominium Plat of The Independence Gate
Townhomes, a Condominium, containing two sheets as though delivered and recorded prior
to the delivery and recording of said encumbrance, and joins in the dedications made
hereon to the extent of it's interest therein.
ALPINE BANK, ASPEN
By
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing Mortgage Holder's Certificate was acknowledged before me this
day of 19_, by
WITNESS my hand and official seal.
My Commission expires:
Notary Public
MERRILL LYNCH CREDIT CORPORATION
By
STATE OF )
)ss.
COUNTY OF )
The foregoing Mortgage Holder's Certificate was acknowledged before me this
day of 19_, by
WITNESS my hand and official seal.
My Commission expires:
Notary Public
STEPHEN M. BELLOTTI
By
Brooke A Peterson as Attorney In Fact
for Stephen M. Bellotti
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing Mortgage Holder's Certificate was acknowledged before me this
day of 19_, by Brooke A. Peterson as Attorney In Fact
for Stephen M. Bellotti.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
A.C.B.B. PROPERTIES, LLC
A COLORADO LIMITED LIABILITY COMPANY
By
John Davis, Manager
STATE OF COLORADO )
COUNTY OF PITKIN )ss.)
The foregoing Mortgage Holder's Certificate was acknowledged before me this
day of 19_, by John Davis as Manager for A.C.B.B.
Properties, LLC, a Colorado Limited Liability Company.
WITNESS my hand and official seal.
My Commission expires:
Revisions MULTPLE REVISIONS DECEMBER 1998
Notary Public
INDEX OF SHEETS
SHEET ONE
Certificate of Dedication and Ownership
Community Development Director's Certificate
Aspen City Engineer's Certificate
Pitkin County Clerk and Recorder's Certificate
Mortgage Holder's Certificate
Title Examiner's Certificate
North Arrow, Scale and Basis of Bearings
Improvement Survey
Vicinity Map
SHEET TWO
Plan View of West Unit and East Unit 3 Levels
West and South Elevations
Plat Notes
Surveyor's Notes
Surveyor's Certificate
COMMUNITY DEVELOPMENT DIRECTOR'S CERTIFICATE
I, Community Development Director for the
City of Aspen, Colorado, do hereby approve of the Condominium Plat for The
Independence Gate Townhomes, a Condominium, containing two sheets.
By Date:
Community Development Director
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing Community Development Director's Certificate was acknowledged
before me this day of 19_, by
WITNESS my hand and official seal.
My Commission expires:
Public
ASPEN CITY ENGINEER'S CERTIFICATE
I, City Engineer for the City of Aspen,
Colorado, do hereby approve of this Condominium Plat of The Independence Gate
Townhomes, a Condominium, containing two sheets to be recorded in the Office of the
Clerk and Recorder of Pitkin County, Colorado.
Nick Adeh, City Engineer
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing Aspen City Engineer's Certificate was acknowledged before me this
day of , 19_, by
WITNESS my hand and official seal.
My Commission expires:
Notary Public
PITKIN COUNTY CLERK AND RECORDER'S CERTIFICATE
This Condominium Plat for The Independence Gate Townhomes, a Condominium,
containing two sheets is accepted and filed in the Office of the Clerk and Recorder
of Pitkin County, Colorado at o'clock _.M., this day of
,19
Sylvia Davis, Pitkin County Clerk and Recorder
Tito CONDOMINIUM PLAT FOR
INDEPENDENCE GATE TOWNHOMES
By Deputy
Job No 98101
C"WA DAV IS
SHEET I OF 2 0
0
6
0
125.20'
PEAK
CONDOMINIUM PLAT FOR INDEPENDENCE GATE TOWNHOMES
120.45'
PEAK
108.70' - - - ---r
77.
UPPER LEVEL -
-- I - - - -
--- 98.70' - I�
98.2' -- - - -- � AMAIN LEVEL
MAIN_ ---
LEVEL
i t I I I r l-r -,-, r` i ..,
I I
-i LI I IJL
I--..I J_�I
I I
88.2' I ;-�-� I I �- - I 89.2 l
a - -- ---+-- - -� - - -I-- -- --- ---�J• - - - -----I--
LOWER LOWER LEVEL
LEVEL
WEST ELEVATION SOUTH ELEVATION
0.9'
a LOWER LEVEL
s
a
WEST UNIT
R.95
N CH • 10.1' 6
:J-
1-3
, CN=1
CN • 9. 1'
CH. 9.ey•
0.3 DOMN
I.5 � n
CH • 9.3
_o
4.r
3 2 3.2
O b
6.15 ,v
MAIN LEVEL
18.0'
J -
I
CN•a.0
iO I CN•tS1I
1.0 I I`-
C'" 0'
O.I15 I
_
T
0.79'
�J
`I
CM=?.J
n i
115
UECR
I.C.E.
cl
�r
I_ y_0' "I
UPPER LEVEL
123.50'
PEAK
113.35'
PEAK
107.35'
UPPER
LEVEL
97.35' -L
MAIN LEVELI
I
I
I
87.35' I
LOWER LEVEL
PLAT NOTES
1 This Condominium Plat is a part of the Declaration for The Independence Gate
Townhomes, a Condominium (the "Declaration"). The Declaration was recorded on
, 19_, as Reception No.
2. As used herein, "G.0 E." means General Common Element, "L.C.E." means Limited
Common Element, and R.G C E. means Restricted General Common Element All such
terms are defined and further described in the Declaration.
3 The real property described herein shall be benefitted by and subject to the terms and
conditions of
(1) Rights as contained in U S Patents recorded in Book 139 at Page 216 and in Book
185 at Page 69.
(ii) Terms, conditions and obligations as set forth in instrument recorded in Book 779
at Page 126.
(III) Terms and conditions of instrument recorded in Book 779 at Page 131.
(iv) Terms and conditions of instruments recorded as Reception Nos. 392317 and
402663.
(v) Easements and other matters shown on plat for Phillips/Gordon Lot Split
Subdivision recorded in Plat Book 37 at Page 1 as Reception No 380967
4 There are no encroachments or easements across any portion of the real property
except as shown herein.
5. The source of the recorded easements and encroachments shown on this
Condominium Map constitute all easements of record as indicated on title policy .
6. Found survey monuments as shown.
7 Reference in this Condominium Plat Notes or elsewhere in this Condominium Plat to
recorded documents shall refer to documents recorded in the Pitkin County Real Estate
Records.
SURVEYOR'S NOTE
1. LCE denotes'Limited Common Element"
2 GCE denotes "General Common Element"
3. RGCE denotes "Restricted General Common Element" (see Condominium Declaration
for definition of RGCE's
4 CH denotes "Ceiling Height" at the indicated location
5. All areas not labeled as a Condominium Unit or Limited Common Element (LCE) are
General Common Elements (GCE).
6. Elevations shown hereon are based on an assumed elevation of 100.0 feet on top of
the southwest property corner PLS 29544
7. This map is invalid as a legal document and possession or use of this map is
unauthorized by the surveyor unless it bears the original signature and wet stamp of
Carl. R. Carmichael, P L.S. 24303. Documents prepared by the surveyor and without
a signature and wet stamp are to be viewed as preliminary and all information shown
thereon is subject to change.
8.0Denotes found no 5 rebar and red plastic cap PLS 29544
9.0 Denotes set no.4 rehar and red plastic cap PLS 24303
RVEYOR'S CERTIFICAT
I, Carl R Carmichael, do hereby certify that I am a Professional Land Surveyor licensed
under the laws of the State of Colorado; that this Condominium Plat for The Independence
Gate Townhomes, a Condominium, containing Two Sheets is true, correct and complete
as laid out, platted and shown hereon, that this Plat was made by me from an accurate
survey of the lands shown hereon by me or under my direct supervision from June through
October 1998, finished on December 15, and accurately and substantially depicts the
location and horizontal and vertical dimensions of the condominium units, boundary lines,
utilities, improvements, encroachments and easements in evidence or known to me, that
this Plat meets the requirements of a land survey plat as set forth in C.R S. Title 38 Article
51-102 and of a plat as set forth in C.R.S Title 38 Article 33.3-209 (Balances and closes
within a limit of 1 10,000)
Date:
Carl R. Carmichael P L.S. 24303
1 1 1 1
' I I
I i I
I
WEST ELEVATION
EAST UNIT
LOWER LEVEL
122.85'
PEAK
122.85'
PEAK
116.85'
PEAK
98.75'
MAIN LEVEL
I
I
--� 88.05'
LOWER LEVEL
SOUTH ELEVATION
CH. 9 3'
0 y D"N
z.a'
CN•9.4'
A
9.6T.8'
O
CH • 9.4'
30
14.z
cN • s.1' �-'
4.4'
o I vi
/'0,I DOWN
J J „
0'
tcH. 8.1' r CH. 8.1'�
3.0 3.0
"
z
CIt• 13. 4'
f CN•9.2'
/CN•e.I' I CN•R.1'-�
44ti
3.0 J
I
o I vi
1z.a'
19.3
MAIN LEVEL
UPPER LEVEL
123.50'
107. 35'
UPPER LEVEL
NOTICE Acoordlnp to Cobrado law you must con•mnce any "al action bawd
upon arty drl•ct in Me M+nywy what- tMaa yaan agar you 11 M discover wM defect.
In no aranl may any action baw0 upon any d~ in this surywy be commMtced
n th
en tan yaan from the data of tat carti8patiort ono- Nar.
CARL R. CARMICHAEL, P.L.S.
P.O. BOX 1367
CARBONDALE,COLORADO 81623
(303 -963-075T)
Ah
Surveyed JANUARY 1998 Revisions MULTIPLE REVISIONS DECEMBER 1998
Drafted JANUARY 1998
Title CONDOMINIUM PLAT FOR
INDEPENDENCE GATE TOWNHOMES
SHEET 2 OF 2
.lob No 98 10 1
Chem DAVIS
•