HomeMy WebLinkAboutcoa.lu.ex.1280 Ute Ave.A1-92
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 1/2/92
DATE COMPLETE: / / /3/ 'J q
PARCEL ID AND CASE NO.
2737-181-32-020 A~-~
S~AFF MEMBER: KJ
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PROJECT NAME: Benedict Buildinq Subdivision Exemption
project Address: 1280 ute Avenue. Aspen. CO 81611
Legal Address: Lot 16. Callahan Subdivision
APPLICANT: Fritz Benedict
Applicant Address: 1280 ute Avenue. Aspen. CO 81611
REPRESENTATIVE: Sunny Vann. Vann Associates
Representative Address/Phone: 230 East Hopkins Avenue
Aspen. CO 81611 925-6958
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PAID: (YES) NO AMOUNT: $912
NO. OF COPIES RECEIVED 3/3
TYPE OF APPLICATION:
1 STEP:
x
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
VESTED RIGHTS:
CC Meeting Date 2//0
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PUBLIC HEARING:
YES NO /l
-"rJDO..O.'
@--No Ff
YES NO
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
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R~rLS ,
City Attorney Mtn Bell
y-y City Engineer Parks Dept.
lJYfl ~ Housing Dir. Holy Cross
~ Aspen Water Fire Marshall
. 0 City Electric Building Inspector
Envir.Hlth. Roaring Fork
Aspen Con. S.D. Energy Center
DATE REFERRED: / 113.1 9 ~ INITIALS: j);f-
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city Atty ~ city Engineer ___Zoning ___Env. Health
~ Housing other:
FILE STATUS AND LOCATION: ~~ ~/7~
n..~ r (11Q'b)
()Irr op) .11:7 '7)QII11/
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
Other
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ORDINANCE NO. 13
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR CONDOMINIUMIZATION AND VESTED RIGHTS FOR THE BENEDICT
BUILDING, LOT 16 OF THE CALLAHAN SUBDIVISION, ASPEN COLORADO
WHEREAS, pursuant to section 24-7-1007 of the Municipal code,
condominiumization of an existing structure may be granted a
subdivision exemption by the city Council; and
WHEREAS, pursuant to section 24-6-207 of the Municipal Code,
the City Council may grant vested rights status for a period of
three years upon adoption of a site specific development plan; and
WHEREAS, Fredric and Fabienne Benedict have submitted an
application for condominiumization and vested rights for the
Benedict Building located at 1280 ute Ave.; and
\
WHEREAS,
the Engineering Department has reviewed the
application and made referral comments; and
WHEREAS, the Planning Office, having reviewed the application
pursuant to section 24-7-1007 and 24-6-207 and the referral
comments from the Engineering Department, recommends approval of
the condominiumization and vested rights for a period of three
years with conditions; and
WHEREAS, the Aspen City Council having considered the Planning
Office's recommendations for condominiumization and vested rights
does wish to grant the requested subdivision exemption and vested
rights for the Benedict Building.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
)
OF ASPEN, COLORADO:
Section 1:
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That is does hereby grant a subdivision exemption for
condominiumization of the Benedict Building located at 1280 ute
Avenue.
section 2:
The conditions of approval for this subdivision exemption are:
1. The applicant shall submit a plat in compliance with Municipal
Code section 24-7-1004.D.2.a.
The plat shall be reviewed and
approved by the Engineering Department prior to filing with the
Pitkin County Clerk and Recorder.
2. Prior to Planning's signature of the condominium plat, the
applicant shall deed restrict the one residential unit to "resident
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occupancy" pursuant to Housing Authority guidelines. Proof of the
filed deed restriction must be forwarded to the Planning Office.
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3.
The residential unit shall be leased for no less than 6 month
periods, with two shorter tenancies allowed per year.
4. A Subdivision Exemption Agreement shall be submitted and filed
concurrently with the Condominium Plat.
5. A fisherman's easement is requested for the lot area within
the river and for a 5' distance measured horizontally along the
riverbank.
Section 3:
Pursuant to Section 24-6-207 of the Municipal Code, City
Council does hereby grant the applicant vested rights for the
Benedict Building condominiumization as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
)
years from the date of final adoption specified below.
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However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the city of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 4:
The City Clerk shall cause notice of this Ordinance to be
published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
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hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
section 5:
That the city Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
section 6:
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If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 7:
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement of any action or proceeding now
pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 8:
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A public hearing on the Ordinance
day of ~
shall be held on the
1992 at 5:00 P.M. in the City Council Chambers,
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Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as
provided by law,
~
10 day of
by
the City Council of the City of Aspen on the
~(j.~ ,1992.
2::: t?r ".yt/
nnett, Mayor
John
Clerk
FI~LY, adopted,
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passed and approved this
9~ day of
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FROM:
MEMORANDUM
Mayor and Council ~
Amy Margerum, City Manager l~ @
Diane Moore, City Planning Directo
Kim Johnson, Planning
TO:
THRU:
THRU:
DATE:
March 9, 1992
RE:
Benedict Building
Condominiumization,
Ordinance 13, Series
Subdivision
Vested Rights
1992
Exemption for
Second Reading
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SUMMARY: The Planning staff recommends approval of Ordinance 13
on Second reading, approving subdivision exemption for
condominiumization and vested rights for the Benedict commercial
building. First reading occurred on February 10, 1992.
COUNCIL GOALS: The condominiumization of the Benedict building is
consistent with Council's goal #14 to develop a consistent and fair
government so that citizens know what to expect from elected
officials.
SITE INFORMATION: The 1280 ute Ave. site (Lot 16 Callahan
Subdivision) is 2 acres. Zoning includes R-15 Residential where
the building is located and RR Rural Residential on the southern
portion of the lot annexed into the City of Aspen in 1975. Please
see Exhibit "A" for site plan showing improvements and easements
on the parcel.
Referral Comments: Referral comments from the Engineering
Department are attached as Exhibit "B". The applicant must submit
a plat in compliance with section 24-7-1004 D.2.a for
Engineering's signature. A fisherman's easement in the Roaring
Fork River is requested (but not required by code). Also
identified were structural encroachments into the utility easement
along the western property line. This may effect future building
additions.
STAFF DISCUSSION: The existing building houses 6-8
professional/office tenants and one 1-bedroom free market
apartment. Pursuant to section 7-1007 condominiumization is exempt
from subdivision and shall be reviewed by City Council. Because
this proposal is not a condominiumization of residential or lodge
uni ts there are no review standards. However, because of the
existence of the one residential unit, the applicant has offered
to deed restrict the unit to "resident occupancy" according to
requirements of residential condominiumization. The dwelling unit
is currently vacant. If any future owner of the dwelling wishes
to lift the deed restriction, compliance with applicable affordable
housing payments and first rights to purchase will be required.
The apartment must be restricted to 6 month minimum leases because
of R-15 zone district requirements.
In addition, the Benedict's offer to dedicate a fisherman's
easement in response to staff's request for such an easement.
The applicant has also requested vested rights for the proposed
condominium approval pursuant to section 24-6-207 of the Municipal
Code. This provides vested status for a site development plan for
a period of three years upon approval by ordinance. Al though
condominium plats are not typically vested (filing of the
appropriate documents "locks in" the development rights) staff
believes that vesting will cause no harm to the City or public.
RECOMMENDATION: Staff recommends approval of condominiumization
and vested rights for the Benedict commercial building with the
following conditions:
1. The applicant shall submit a plat in compliance with Municipal
Code section 24-7-1004.D.2.a. The plat shall be reviewed and
approved by the Engineering Department prior to filing with the
pitkin County Clerk and Recorder.
2. Prior to Planning's signature of the condominium plat, the
applicant shall deed restrict the one residential unit to "resident
occupancy". Proof of the filed deed restriction must be forwarded
to the Planning Office.
3. The residential unit shall be leased for no less than 6 month
periods, with two shorter tenancies allowed per year.
4. A Subdivision Exemption Agreement shall be submitted and filed
concurrently with the Condominium Plat.
5. A fisherman's easement is requested for the lot area
ri ver and for a 5' distance measured horizontally
riverbank.
within the
along the
PROPOSED MOTION: I move to have second reading of Ordinance 13,
Series of 1992 for condominiumization and vested rights for the
Benedict Building.
CITY MANAGER COMMENTS:
Ordinance 13, Series 1992
Exhibits:
"A" Site Plan
"B" Engineering Referral Comments
benedict.ccmemo
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. ,,Cit;y:.c:01illcil,
ApprOV8d ,
By Ordinance
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Exhibit ":8 "
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~ty Council
ApprOved
By Ordinance
MEMORANDUM
fEB - 3 IS92
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer Rs(
Date: February 3, 1992
Re: Benedict Building Subdivision Exemption Application
(Revision to January 28, 1992 memo)
Having reviewed the above application, the engineering Department
has the following comments:
l. The applicant's final condominium map must comply with the
requirements outlined in code section 7-1004.D.2.a.
2. The applicant is requested to grant a fisherman's easement
for the river and for a width of five feet along the bank
adjacent to the property.
3. There could be a potential problem for future utilities
because of the structure encroaching the utility easement on the
west side of the property.
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VANN ASSOCIATES, INC.
Planning Consultants
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December 31, 1991
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena street
Aspen, Colorado 81611
Re: Benedict Building Subdivision Exemption Application
Dear Kim:
Please consider this letter an application for subdivision
exemption approval to condominiumize the Benedict office
building which is located at 1280 ute Avenue in the City of
Aspen (see Exhibit 1, Pre-Appl ication Conference summary,
attached hereto). Vested property rights status is requested
for the subdivision exemption approved pursuant to this
application.
The application is submitted pursuant to sections 7-1003 .A. 3.
and 7-1007.A. of the Land Use Regulations by Fredric A. and
Fabienne Benedict and the Benedict Land and Cattle Company,
the owners of the property (see Exhibit 2, Title Commitment).
permission for Vann Associates, Inc. to represent the
Applicants is attached as Exhibit 3.
Background
A building permit was issued for the Benedict building on
March 12, 1973 (see Exhibit 4, Building Permit No. 71-73).
construction apparently commenced later that spring, and the
building was completed and ready for occupancy, with the
exception of the south wing, in April of 1974 (see Exhibit 5,
Inspection Record). The building permit indicates that the
building was to be used for office purposes, and that a one
(1) bedroom dwelling unit was to be included in the struc-
ture.
As the accompanying improvement survey illustrates, the
property on which the Benedict building is located is legally
described as Lot 16 of the Callahan Subdivision. It should
be noted, however, that Lot 16 was created in connection with
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6958
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Ms. Kim Johnson
December 31, 1991
Page 2
the approval of the Callahan Subdivision, and the recordation
of the sUbdivision I s final plat on May 19, 1976. At the time
the original building permit was issued, the southern portion
of the lot was located in the county. This area was annexed
to the city pursuant to City council Ordinance No. 64 on
october 27, 1975, as the Callahan Annexation.
While the property's early zoning history is difficult to
trace, the new zoning map adopted by the city on April 28,
1975, depicts the portion of the property on which the
building was constructed as being zoned R-15, Residential,
mandatory Planned unit Development. An amended zoning map
adopted on March 23, 1976, depicts the portion of the
property annexed pursuant to the Callahan Annexation as being
zoned RR, Rural Residential, mandatory PUD.
It should also be noted that various building permits issued
subsequent to April 28, 1975, for leasehold improvements to
the Benedict building's south wing refer to the building as
a non-conforming use. However, as the various permits did
not involve expanding the size of the building, the proposed
tenant improvements were found to be in compliance with the
city's non-conforming use regulations. The Callahan Subdivi-
sion and PUD Agreement also acknowledged that Lot 16 was to
accommodate an "existing office building for such uses as
have heretofore been approved by the city."
project site
Lot 16 contains approximately eighty-seven thousand one
hundred and twenty (87,120) square feet of land area. The
property I s 1976 R-15, Residential, and RR, Rural Residential,
mandatory PUD, zoning classifications remain unchanged.
Existing man-made improvements to the property include a two
(2) story frame building with a partial basement and an
improved parking area. With the exception of a one (1)
bedroom, free market apartment, the building is devoted C ~(7
entirely to professional and business office use. Three (3) ~,
small brick outbuildings are used for storage purposes.
As the survey and title commitment indicate, the property is
encumbered by a variety of utility easements. In addition,
a fourteen (14) foot trail easement traverses the rear of the
property parallel to the Roaring Fork River. An asphalt
pedestrian and bicycle trail has been constructed within the
trail easement. The survey also depicts a twenty-four (24)
foot access and utility easement which was conveyed to the
city by the Applicants, and which provides access to the
property from Ute Avenue.
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Ms. Kim Johnson
December 31, 1991
Page 3
proposed Development
The Applicants propose to condominiumize the existing
building, and to sell and/or lease the condominium spaces for
business and professional office use. The existing one
bedroom apartment will be retained as a free market dwelling
unit. No expansion of the building is anticipated at this
time. It is possible, however, that portions of the build-
ing's interior may be remodeled by individual tenants and/or
owners. Appropriate permits for such activities will be
obtained by these individuals as may be required.
Review Requirements
Pursuant to section 7-l007.A. of the Regulations, the
condominiumization of an existing commercial building is
subject only to the receipt of subdivision exemption approval
from the city Council and the recordation of a condominium
map and declaration which meets the requirements of the
city's Engineering Department. The Applicants will submit a
condominium map and declaration for review and execution by
the Engineering Department following the receipt of subdivi-
sion exemption approval. The map and declaration will be
recorded with the pitkin county Clerk and Recorder's office
prior to the conveyance of any individual condominiumized
spaces.
As you know, the condominiumization of residential units
~mposes certain additional review requirements. Pursuant to
section 7-1007 .A.1., existing tenants must be given an option
to purchase their units upon notification by the owner that
they will be offered for sale. In addition, condominiumized
residential units located in the R-15 zone district are
subject to a six (6) month minimum lease restriction, and the
payment of an Affordable Housing Impact Fee or the restric-
tion of the unit to the city's so-called "Resident occupancy"
guidelines. An inspection of the unit for compliance with
basic fire, health and safety standards is also required.
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To satisfy these requirements, the Applicants will execute
and record a subdivision exemption agreement, in connection
with their condominium map and declaration, which imposes a
six month minimum lease restriction on the one bedroom
apartment. The Applicants will either pay the appropriate
affordable housing impact fee or deed restrict the unit to
resident occupancy. A decision as to which approach to
follow, however, has not been made at this time.
In order to preserve the land use approval which may be
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Ms. Kim Johnson
December 31, 1991
Page 4
obtained as a result of this application, the Applicants
hereby request vested property rights status pursuant to the
provisions of section 6-207 of the Land Use Regulations. It
is understood by the Applicants that, to establish such
status, final approval of the proposed development must be
granted by City Council ordinance. It is also the Appli-
cants' understanding that no specific submission require-
ments, or review criteria other than a public hearing, are
required to confer such status.
Should you have any questions, or require additional informa-
tion, please do not hesitate to call.
Very truly yours
sunny Van , AICP
SV:cwv
Attachments
cc: Fredric A. Benedict
Arthur C. Daily, Esq.
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EXHIBIT 1
PROJECT:
APPLICANT'S REPRESENTATIVE: ;7;t:s ~ LlI \)~
REPRESENTATIVE'S PHONE: ~ - 1'--~
OWNER'S NAME: t\ ~-t-<: \h~....{l..:.A
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
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SUMMARY
Type of Application: C2 fu--.-.Qm .
1.
2. Describe action/type of development being requested:
0~'\J>'j) ~~f)'1 Q?~~.dL wAle..
3. Areas is which Applicant has been requested to respond, types
of reports requested: .
Policy Area/
Referral Aqent
@!r
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8.
Anticipated date
(P&Z then to CC)
4.
Review is: (P&Z
5.
public Hearing:
YES) (NO) _ 0
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Number of copies of the application to be submitted.-
What fee was applicant requested to SUbmit:~
6.
7.
9.
frm.pre_app
American Land Title As~ciation Commitment. Moc 10/73
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EXHIBIT 2
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
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STEWART TITLE GUARANTY COMPA~, A Texas Cprporation, herein called the Company, for
valuable consideration, hereby commits to~e its polie:yor policies of title insurance, as identified in
Schedule A, in favor of the proposed Insur '. , . med' ' , . ule A, as owner or mortgagee of the estate
or interest covered hereby in tlla la ' in'" hedule A, upon payment of the
premiums and charges therefor; all"Sub' hies A and B and to the Conditions
and Stipulations hereof. "
This Commitment shall be effecti
of the policy or policies commit
either at the time of the issuance of
proposed I nsured and the amou nt
chedule A hereof by the Company,
uent endorsement.
This Commitment is preliminary to,
liability and obligations hereunder ..
or when the policy or policies com
failure to issue such policy or polici
valid or binding until countersigned b
or policies of title insurance and all
months after the effective date hereof
chever first occurs, provided that the
,mpany. This Commitment shall not be
or! agent.
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'iCommitment to be signed and sealed, to
, , '. ',' iJrragent of the Company, all in accordance
oftl1eLClate shown in Schedule A as "Effective Date."
IN WITNESS WHEREOF, the Com
become valid when countersigned by
with its By-Laws. This Commitment is e
ST
TTITLE
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Stlnt'fir)' ,'I COII!H/(l
Ser;.1 No. C-1601.
261809
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SCHEDULE A
ORDER NUMBER: 00018715C2
1. EFFECTIVE DATE: December 02, 1991 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ TBD
PROPOSED INSURED: TO BE DETERMINED
B. ALTA LOAN POLICY $ TBD
PROPOSED INSURED: TO BE DETERMINED
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
FREDRIC A. BENEDICT, FABIENNE BENEDICT AND BENEDICT LAND AND
CATTLE COMPANY
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
I Lot 16, CALLAHAN SUBDIVISION, according to the recorded plat
thereof.
County of Pitkin, State of colorado
OWNERS:
MORTGAGEE:
TAX CERT.
TBD
TBD
10.00
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$
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AUTJfORIZED~ IGNAT E
STEWART TITLE OF
ASPEN, INC.
602 E. HYMAN
ASPEN, COLORADO 81611
303 925-3577
FAX 303!!iYf5EMl4RT TITLE
GUARANTY COMPANY
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SCHEDULE B - SECTION 1
ORDER NUMBER: 00018715C2
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 of Deed of Trust dated April 12, 1974, executed by
Fredric A. Benedict, Fabienne Benedict and Benedict Land and
cattle Company, a Colorado Corporation, to the Public Trustee of
Pitkin County, to secure an indebtedness of $275,000.00, in
favor of First Colorado Corporation, a colorado Corporation,
recorded April 15, 1974 in Book 286 at Page 93.
2. Evidence satisfactory to Stewart Title Guarancy company,
rurn1.snea Dy cne ULL1.Ce or r:ne U1.reccor or r'1.nance, L"1.cy or
Aspen cnac cne rOllOW1.ng r:axes nave Deen pa1.d, or cnac
conveyance is exempc rrom sa1.a caxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuanc ura1.nance
No. 20 (Series of 1979) and ILl l'ne "Hous1.ng Heal r;scar:e
Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990).
3. Deed from Fredric A. Benedict and FaD1.enne ~enea1.cr:, vesr:1.ng ree
simple title in purchaser{s).
4. Deed from Benedict Land and Cattle Company, vesting fee simple
title in purchaser{s).
5. Deed of Trust from the Borrower to the Public Trustee for the
use of the proposed lender to secure the loan.
STEWART TITLE
GUARANTY COMPANY
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SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 00018715C2
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.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER.
7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX
SALES.
8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER
CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER
DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT
AREA.
9. Reservations and exceptions as set forth in Patent recorded June
17, 1949 in Book 175 at Page 246 as Reception No. 96480 which
recites the following: First: That the grant hereby made is
restricted in its exterior limits to the boundaries of the said
mining premises and to any veins or lodes of quartz or other
rock in place bearing gold, silver, cinnabar, lead, tin, copper
or other valuable deposits, which may have been discovered
within said limits subsequent to and which were not known to
exist on the twenty-third day of March A.D. one thousand eight
hundred and eight-five. Second: That should any vein or lode
or other rock in place bearing gold, silver, cinnabar, lead,
tin, copper or other valuable deposits be claimed or known to
exist within the above described premises at said late-named
date, the same is expressly excepted and excluded from these
presents. Third: That the premises hereby conveyed may be
entered by the proprietor of any vein or lode of quartz or other
rock in place bearing gold, silver, cinnarbar, lead, tin,
copper or other valuable deposits, for the purpose of extracting
and removing his ore from such vein or lode, should the same,
or any part thereof, be found to penetrate, intersect,~.~~ss
through, or dip into the mining ground or premisS~~RT TITLE
Continued on next page GUARANTY COMPANY
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CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
granted. Fourth: That the premises hereby conveyed shall be
held subject to any vested and accrued water rights for mining,
agricultural, manufacturing, or other purposes, and rights to
ditches and reservoirs, used in connection with such water
rights as may be recognized and acknowledged by local laws,
customs and descisions of courts. Fifth: That in the
Legislation by Congress, the legislation of colorado may provide
rules for working the mining claim or premises granted
involving easements, drainage and other necessary means to
complete development thereof.
10. Reservation of Utility Easements by Benedict Land and Cattle
company et. al., as set forth in Deed recorded May 19, 1976 in
Book 312 at Page 177 as Reception No. 183913.
11. Easements and restrictions as shown on Plats of Callahan
Subdivision recorded May 19, 1976 ~n ~lat ~ooK ~ at page I as
Reception No. 183889, and as amenaea Dy Plat recoraea August 11,
1977 in Plat Book 0 at page 10 as Hecept~on NO. 1Y0140.
12. Terms, conditions, obl~gat~ons ana restr~ct~ons as set Iortn ~n
Subdivision and Planned Unit Development Agreement recorded May
19, 1976 in Book 312 at Page 110 as Recept~on NO. lUjUYU ana as
modified by Notice recorded April 29, 1977 in Book 328 at Page
79 as Reception No. 194018.
13. Easements as set forth in Reciprocal Easement Grant recorded May
19, 1976 in Book 312 at Page 196 as Reception No. 183919.
14. Reservations and restrictions, in regard to roads within
Callahan subdivision, as set forth in Easement Grant recorded
August 17, 1977 in Book 333 at Page 727 as Reception No. 196750.
15. Terms, conditions, covenants and restrictions as set forth in
Protective Covenants recorded October 17, 1984 in Book 475 at
Page 236 as Reception No. 263351, and Amendment thereto recorded
November 16, 1988 in Book 578 at Page 731 as Reception No.
306054.
16. Easement and right of way for fire access, utility service,
maintenance, and repair as granted to The City of Aspen by
Fredric A. Benedict, Fabienne Benedict and Benedict Land and
cattle Company in the instrument recorded May 19, 1976 in Book
312 at Page 154 as Reception No. 183907, affecting the following
described property: A strip of land situated in the NW 1/4 SE
1/4 in Section 18, Township 10 South, Range 84 West of the 6th
Continued on next page
STEWART TITLE
GUARANTY COMPANY
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CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
P.M.
17. Easement and right of way to construct, repair and maintain a
sewer line as granted to Benedict Land and Cattle Company,
Fredric A. Benedict and Fabienne Benedict by The City of Aspen
in the instrument recorded May 19, 1976 in Book 312 at Page 158
as Reception No. 183910, affecting the following described
property: A parcel of land situated in the East 1/2 of Section
18, Township 10 South, Range 84 West of the 6th P.M.
18. Easement and right of way for access as granted to Robert S.
Goldsamt by Fredric A. Benedict, Fabienne Benedict and Benedict
Land and Cattle Company in the instrument recorded May 19, 1976
in Book 312 at Page 200 as Reception No. 183920, affecting the
following described property: Parcel of land situated in the NW
1/4 SE 1/4 of Section 18, Township 10 South, Range 84 West of
the 6th P.M.
19. Easement and right of way for a recreational trail as granted to
The Board of County Commissioners of Pitkin County by Fredric
A. Benedict, Fabienne Benedict and Benedict Land and Cattle
Company in the instrument recorded September 25, 1975 in Book
1303 at Page 452 as Reception No. 178013.
20. Any lien that may attach upon vesting of title in the party
to be insured.
NOTE: Stewart Title of Aspen, and/or Stewart Title Guaranty
Company neither assume, nor will be charged with any liability
under this Committment until such time as the name of the
proposed insured and the amount of insurance are made known
to the Title Company.
NOTE: Provided that Stewart Title of Aspen, Inc. records the
documents of conveyance in the proposed transaction the status
of title will be updated from the time of this commitment to the
time of said recording. If said update reveals no intervening
liens or other changes in the status of said title Exception No.
5 herein will be deleted; if said update reveals intervening
liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change
prior to the recording of said documents.
NOTE: policies issued hereunder will be subject to the terms,
conditions, and exclusions set forth in the ALTA 1990 Policy
form. Copies of the 1990 form Policy Jacket, setting forth said
continued on next page
STEWART TITLE
GUARANTY COMPANY
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CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 00018715C2
terms, conditions and exclusions, will be made available upon
request.
STEWART TITLE
GUARANTY COMPANY
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EXHIBIT 3
December 19, 1991
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena street
Aspen, Colorado 81611
Re: permission to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Sunny Vann of
Vann Associates, Inc. to represent us in the processing of
our application for condominiumization approval for the so-
called Benedict building which is located at 1280 ute Avenue
in the City of Aspen. Mr. Vann is hereby authorized to act
for us with respect to all matters reasonably pertaining to
the aforementioned application.
Should you have any questions, or if we can be of any
further assistance, please do not hesitate to call.
Sincerely,
POWDERHOUSE ENTERPRISES
a Joint Venture
':/'~a ~-, D12.J~
Fredric A. Benedict
%~~~ ~~(,g~of (dt. -Ii', 199j
Fabienne Benedict
SV:cwv
ADDRESS
OF JOB
)Zc()
,
li+c A .~::,.,.,
(Professional Bldg.)
\ GENERAL
CONSTRUCTION
PERMIT
EXHIBIT 4
\1
t.VHINI,., IN)I'~C1ION D~!-'^...l MHiT
Ix1 CITY OF( 'EN - COUNTY OF PITKIN[J, CO~ADO
.........1
CLASS OF WORK;
. OWNER
NAME
WHEN !lIGNED AND VAl..IDATlD I:lY eUIL,.DING INSPECTION DEPARTMENT THIS PERMIT ^UTHORIZ~5 THE wOJ.l1( DESCRIBED BELOW
A?R -2-73 28085' ***151j:
REPAIR CJ MOVE 0 WRECK c-.
I'lEW EK ADDITION::J
ALTERATION CJ
..,
o NAME (AS LICENSED)
~I
Joe Zanin
PO 40
LICENSE
CLASS
"J.Y 1 0-7~HONf 13:j~5_~MC1.5{
LICENSE
NUMBER
4096
Benedict Assoc. Incorp.,DDRESS
IINSU~AN(~ '
I
a: ADDRESS Bx 1408 Aspen PHONE 5''1/2- I
... - !
Z
0 SUPERVISOR
u FOR THIS JOB NAME D!',TE CERTIFIED:
I
I
LEGAL
DESCRIPTION LOT MO. BLOCK NO. "DDITlON :
SURVEY Stewart Title ATTACH.D D! DESIGN A Lie ,
BY IBY Benedict Assoc . PE "'1(' ,
"RE... (5.'.) ",IOHT :rrom . ill~ng.;;aae I TOT..., 1 l.~V. .L OCCUFANCY :
5760 31' I STORIES 2 r= --, ,
It. T GRADr (FEET) UHIn 2 offices GROUP DIV. --
I 16_ -r2 I II.'
BAS-MFN'" <IN ~I GARAG~O SINGLf o ATTAC.HE!:' or TOTA.L ! TYPf ~. N 3
an t . \ CONST'l. I -
J:: ... IJle5.;NFIN DOUBLE :::J DEl ACHED OJ ROOMS 2 .;li- ZONl
! DEPT... I ~,~ : 5PAC!NG {~;'lj ALJTHORiZED !
BELOW I", FIRST AGENCY Dt.. 7E !
3 ' 2x12 12 BY
z GRADE FL:lOP.
8UIl.DING ,
0 !
(XTEP.!O~ It;; 1 nV1Ew :
I- FOOTING 10 16 to1,Ox (fiLING , i
<( SIZE X 10i Beams & deck \I ZONING ,
Q "",' !i
Z EXTERIOR CDNC.::(j I I !i I
::> ~DN WALL 8"' I Roor PAR~:~NG
0 THICKNES:; MAS'Y n
... I THIC.I':. 'I CAISSONS U I ROOFING
:,LA6 L.J Ii. G~.BfAMS I MATERI"L
I i MA50NR Y ABOVE
I=.XTERIOP THlCKNfSS 1ST i'LR
~ ALL STuD SIZE ABovE
! z,. SPACE 1ST FLR.
COR_ten
PUGUC HfAL.1'H
AEOVE
2ND FLj.:":
ABOVE
)fH' FlR
ENGINEERING
iREMARKSOffice Bldg. wi Ibed. apt.
new const:ruct:~on
..SOV:.
2ND ~lR
AEO\':':
3RD FLl:
.
,
I
I
I NOTES TO APPLICANT;
I FOR INSPECTIONS OR INFORMATION CALL '~5 - 73.Je
Ii FOR ALL WORK DONE UNDER THIS PEP.Mi7 iHE PEIi.M1T'iH AC':EPTS FUL:.. RESPONSIBILITY FOP.
COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OP. CITY
i ZONING ORDINANCE, AND ALl.. OTHER COUNTY RESOLUTIONS OR C!T"!' ORDINANCES WHICHEVH
! APPLIE~
I: SEPARATE PERMITS MuST BE OBTAINED FOR ELECTRICAL, PlUMBING AND HEATING. SIGN~,
SWIMMING POOLS AND fENCES.
PERMIT EXPIRES 60 DAYS FRO..... DATE ISSUED UNLESS WORK IS STARTE:.
I REQUIRED INSPECTIONS SHALL BE REQUESTED ON! WORKING DAY IN ADYANCE.
I ALL FINAL INSPECTIONS SH ""ADE OM ALL ITEMS OF WORK BEfORE OCCUPANCY IS PERMI":"TED.
~HIS BUILDING SHALl:~OT BE OCCUP D UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. [J
PERMIT SUBJEC .. ~EVOCATlON OR USPENSION FOR VIOLATION OF ANY ~AWS GOVERNING SAME.
SIGNATUR
OF \ .
APPl.ICANT: '
NLY
DATE
PERMIT NO.
I, VA:"'Uf-TION
I OF WORK $ 175,000.
1'\; PLAN I - TOTAL.. FEE
-II -"" T P ~,'-/
"r,~L'-' . 301.50
I! DCU~LE
! FEE L 150.75plck
I BUILDING OEFARTMEN,
I
t HvjV\9'J .): 'S -q - 73
......Ov..., IY ~( ....TE
LICENSE tt RECEIPTS CLASS AMOUNT
) _12_73
71- 73
'....Ic::::,-TnD'c: rnDV
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CITY OF ASPEN BUILDING INSPECTION ARTMENT
CITY HALL, PHONE 925.2020
EXHIBIT 5
INSPECTION RECORD
ADDRESS
OWNER
GENERAL CONTRACTOR
BUILDING PERMIT NO.
1280
Ute Ave.
Benedict Assoc.
Joe Zanin
71-7,
DATE ISSUED
S-Cl-7,
- I DATE OF I
TYPE OF
INSPECTION SUB.CONTRACTOR INSPECTION INSPECTOR'S SIGNATURE
(MO DAY, YRI
I SPREAD FOOTINGS 3,/~'<-o:CL-~,~ &. ", Z . 7 ;>, ~,'
.0: ,'t 1
0 Z
z Q CASSIONS OR OTHER
::>
0 ...
~ DO NOT POUR CONCRETE UNTIL INSPECTED AND APPROVED
~ GROUNDWORK C ~.n'" , \ .- .\ " ~ ~,\ \-"\o,~" '-
.0:
;! ROUGH . "
'"
...
u TEMP SERVo 0' "
w
~ 4- -tf. '74- .(~
.... FINAL " "
I SEWER ~.;,-\.,c.:\.'-.: ,\<\\:,';'. ,.He, < ',1\ h.
, I
WATER "
"
~ GROUNDWORK ,. I
c:
:;: ROUGH ~_i ~ I 'SYI'.'-\- ""\ P 1 d~.~ .. _ 77-/ -'- ? -
::> )......4 ........,,;
~ (Slack)._.' I ..[") ,-.k \ (' I ".. -'
Co. I '-=--S,-" '\)..... ~'''' -~~ ~ \-\ +6 . ) 4- Cf-'? f;- l.
FINAL [ I'lb.: I
\ , . , , ._;~-7C., r. C-./
GAS PIPING ,. ' , I -:;::. . ;
,~ , , ,
ROUGH t. r- ~ U4e 1 I .~ " 7" I ( 'iC,----(
" ~\I\(."" ."V\,..... , -I" , / / -'..., - '-. -
z I In" , <-- J , - ,
... TEMP. SERVo " ., .. I
<
w -a-7'-r-1.
FINAL I " .. cr-
'" -=;:,~,MIN'::- l!'\:SPE'::....~O~ _r B~ ",';A,:)~ WH::~, F__ K,:)U.:::,..... L,Tl~....,.-~' i".;STA~~~,il0"-JS .......t..v:: t::='" : ~....;SDEC-:-::: .....~: ,
- I',~
C FRAME " Lc:-,'"I'''''-' (, ,'\;~"2;,....., ":"l , ",-L}"'?....TI\ 7q. ...;. :-\ }1 ..
w -Jc<::,: C,(,.,~i ':-~r:-
~
< i I
w Ii cc
u ROOFING r< J
'" u r \ V",c-
~ Lath or Wallboard :~""- 0, ~~\\
..
g
c:
~
::>
'"
FINAL - Building Ready for Occupancy ~r74- .
POST THIS CARD AT OR NEAR FRONT Or BUILDING
INSPECTIONS WILL NOT BE N,ADE UNLESS THIS CARD IS POSTED ON THE SITE
C;;r' 02 ....JJ~ : - Scru-zil LU ~7 z:e ~ ~-c..A od 0. /
~' cf)c.c~. ~
THIS CARD MUST BE COMPLETELY FILLED OUT WITH NAMES OF CONTRACTORS AND ALL INSPECTIONS SIGNED BY I
BEFORE CERTIFICATE OF OCCUPANCY CAN BE ISSUED OCCUPANCY OF THIS BUilDING PRIOR TO FINAL INSPE(
ISSUANCE OF CERTIFICATE OF OCCUPANCY IS NOT PERMITTED.
SEE BACK SIDE FOR COMMENTS AND CORR
'"'"
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
January 13, 1992
Sunny Vann
Vann Associates
230 East Hopkins Avenue
Aspen, CO 81611
Re: Benedict Building Condominiumization and Vested Rights
Dear Sunny,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete. City fees increased effective 1/2/92. Please submit
an additional $132.00 for this application ($42.00 - Planning;
$90.00 - Engineering Referral).
We have scheduled this application for review by the Aspen City
Council on Monday, February, 10, 1992 at a meeting to begin at 5:00
P.M. Should this date be inconvenient for you, please contact me
within 3 working days of the date of this letter. After that the
agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting date, we will
call to inform you that a copy of the memo pertaining to the
application is available at the Planning Office.
This application is scheduled for the Development Review Committee
agenda on January 23, 1992 at 3 p.m. in the city Council Chambers.
If you have any questions, please call Kim Johnson the planner
assigned to your case.
Sincerely,
,
f)~
Debbie Skehan,
Office Manager