HomeMy WebLinkAboutcoa.lu.co.914 E Cooper Ave.A005-99
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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.
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BROOKE A. PETERSON
GIDEON L KAUFMAN"
HAL S. DISHLER **
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
OF COUNSEL:
ERIN L. FERNANDEZ-
. ALSO ADMITTED IN MARYLANO
- ALSO ADMmED IN TEXAS
- ALSO ADMITTEO 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:
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 condominiumiza:tion 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 (B)(l)(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, AC.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:
1. 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.
3. Proof of Ownership.
4. Letter of Authorization.
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Aspen/Pitkin Community Development Dept.
January 13, 1999
Page 2
5. An 8Yz 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 ofthe
undersigned.
Yours very truly,
BAP/ljk
Enclosures
cc: MSJ Properties, LLC
letters\asp-pit com dew msj properties
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
MSJ Properties, LLC, a Colorado'limited liability company
l. APPLICANT has submitted to CITY an application for
condominiumization of the subdivision improvements on Lot 2, Phillips/Gordon Lot Split
(hereinafter, THE PROJECT). Subdivision
" APPLICANT understands and agrees that City of Aspen Ordinance ~o. 49 (Series of 1998)
establishes a fee structure for Planning applications and the payment of all processing fees isa 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.
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4. CITY and APPLICANT further agree that it .is impracticable for CITY staff to complere
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 fmdings 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 $ 415 . 00 which is for fee * lla~rs af PIBfilliflg staff tiale, 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,
By:
, A--J~
C, a Colorado
o~a~ .
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n, Attorney in Fact
tephen M. Bellotti
CITY OF ASPEN
lie Ann Woods
Community Development Director
Mailing Address:
c/o Brooke A. Peterson, Esq.
Kaufman'& Peterson, P.C.
315 E. Hyman Avenue, ~u~te jU~
Aspen, CO., 81611
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BROOKE A. PETERSON
GIDEON I. KAUFMAN'
HAL S. DISHLER "
LAW OFFICES OF
KAUFMAN & PETERSON, P.c.
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
OF COUNSEL:
ERIN L. FERNANDEZ-
. ALSO ADMITTED IN MARYLAND
- ALSO ADMITTEO IN TEXAS
-- ALSO ADMmED 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:
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 dcly 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 Fcll 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.
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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 AC.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 AC.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 AC.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,
BAP/ljk
cc: MSJ Properties, LLC
letters\asp.pit com dev msj properties exceptions
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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 Companv
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, 8th 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.
BAP/ljk
Enclosure
letters\asp-pit com dev msj properties proof
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT I, STEPHEN M. BELLOTTI, whose
address is Merrill Lynch, North Tower, 8th 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 Attomey-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 ofMSJ 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 ($315,000.00) to be secured by the following described real property:
Lot 2, Phillips/Gordon Lot Split Subdivision, according to the Plat thereof recorded April 20,
1995 in Plat Book 37 at Page 1 as Reception No. 380697 of the records of Pitkin County,
Colorado.
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And further, to execute, either individually or in my capacity as either a member or rnanager of
MSJ Properties, LLC, a Colorado Limited Liability Company, any and all documents necessary to complete
the condominiumization of the above referenced real property, including, but not limited to, condominium
maps, plats, declarations and land use applications, said condominiums to be called Independence Gate
Townhomes, a Condominium.
Further, I hereby warrant the said authority granted above and I ratify and confirm all that my
Attorney-in-Fact shall do or cause to be done.
This Power of Attorney shall not be affected by my disability.
IN WITNESS WHEREOF,J have hereunto set my hand and seal this 31" day of December, 1998.
~L IN I?...u-:'-a;;;'
STEP M. BELLOTTI
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN ..,J
The foregoing document was acknowledged and sworn to me before me this 31" day of December,
1998 by Stephen M. Bellotti.
~~/<).
Notary IC
. indop<nd.."
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JAN-05-1999 09:08
FROM ASPEN/PITKIN COM DEU
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLA.N1ffiR:
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PROJECT:
REP$ENTATIVE:
OWNER:
TYPEbF APPLICATION:
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DESCRIPTION:
I
Chris Bendon, 920.5072
Condominiumization of
Brooke A. Peterson of
MSJ Properties, LLC
. Subdivision exemption for Condominiumization
. DATE: 1.5.519
Lot 2, Phillips/Gordon Lot Split
Kaufman & Peterson, P.C.
Subdivision
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Land /Jae Code Section(s)
26.88J070 Condominiumization
26.521 Development Review Procedures
26.521030 Application and Fees
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Revie\j< by:
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Public/Hearing:
Referr;u Agencies:
Planni~g Fees:
Referrjtl Agenoy Fees:
Total J;>eposit:
i
Staff for complete application, referral agencies for technical considerations, Community
Development. Director for final approval.
No.
Engineioring, ,
Planning FIat Fee $255
Engineering $160
$415
To apj3ly, submit the following information:
!
]. : Total deposit for review of the application.
2. : Signed fee agreement.
3_ ! . Proof of ownership. .
4. I Applicant's name, addn:ss and telephone number .in a lett;er signed by the applicant, which also states the name,
I address and telephone number of the representative. Include ~treet address and legal description of the property.
5. ! Summary letter explaining the request (existing conditions'a"nd 'proposed uses) and addressing the standards of
; the Land Use Code sections listed above. ' .
6, ! An 8 112" by I I" 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 sJJrVeyor. Call City Engineer for plat requirements. 920.5080
9. i Copies of prior approvals (from City Clerk)
10. ' 2 Copies of the complete application packet (items 3-9)
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ProceSs:
Applyj Planner reviews case for completeness and sends to Engineering and referral agencies. 1-2 weeks later pJallner
will contaCt applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's sJJrVeyor
makeslthose changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with
Engin~cring suggestions and the Director approves, approves with conditions, or denies application based on consistency
with tl:1e review criteria and technical considerations. Plat is then be signed by City Engineer. Applicant then can record
the f~l plat at the County Clerk and Recorder (fee).
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71171
Phone #
P06t-ir fill( Note
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Co.JOepl.
Phone .
F...
Fax.
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