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Home My WebLink Aboutcoa.lu.ex.1280 Ute Ave.A1-92BENEDICT BUILDING S/D EXEMPTION 2737-181-32-020 Al-92 .' F 'A ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ z,-1�• CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER O�S4a SUBTOTAL TOTAL J Name: mow -. lnc7 F. 4 Phone: Address: _ Project nrbl��in QrJ— Check # Date: Copies received: )I #of Hours: ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ 4 01 O CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING 1 = GCS SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL / Name: V (A k ►1 Phone: Address: Project: V-iP w\oQU c "-- pT_ Check # Date: ta- Copies received:: --- #of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 1/2/92 PARCEL ID AND CASE NO. DATE COMPLETE:. ,[�/ 3 2737-181-32-020 Al-91_ STAFF MEMBER:— KJ 7 PROJECT NAME: Benedict Building Subdivision Exemption 0 ` 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 PAID:(YES) NO AMOUNT: $912 NO. OF COPIES RECEIVED 3/3 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P&Z Meeting Date CC Meeting Date PUBLIC HEARING: ,5e,o, / /OL 3 / 9 ,-?, VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CYE NO / YES NO Paid: Date: REF RRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir Hlth. Roaring Fork Other • AspenCon.S.D. Energy Center DATE REFERRED: % 3 �/ INITIALS: FINAL ROUTING: DATE ROUTED: - NITIAL• City Atty _X City Engineer Zoning Env. Health Housing other: FILE STATUS AND LOCATION: VJ i3i��3�� T ow.�tiv 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 1 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• 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 occupancy" pursuant to Housing Authority guidelines. 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 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. • 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 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: 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: Q A public hearing on the Ordinance shall be held on the day of 1992 at 5:00 P.M. in the City Council Chambers, • 0 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, by the City Council of the City of Aspen on the /0 day of 1992. t� John dennett, Mayor ATTEST: Kathryn Rcch, City Clerk FINALLY, adopted, passed and approved this (� day of 1992. ATTEST: Kathryn Koch, City Clerk 1 John Bennett, Mayor 0 0 arc MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager 1 THRU: Diane Moore, City Planning Directo FROM: Kim Johnson, Planning DATE: March 9, 1992 RE: Benedict Building Subdivision Exemption for Condominiumization, Vested Rights - Second Reading Ordinance 13, Series 1992 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 Is 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 units 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. Although 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 within the river and for a 5' distance measured horizontally along the riverbank. 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 2 benedict.ccmemo ��l o W4 o • 5CALL- 0-2a G' 56 OF MAXIM - FO I "LIM, l.M—Y Tt -r PtW! N'CCR — SLPER, Y, GYLMWV luDOFAYf SfORv EULORYC NAAS 1 T1C EOIrCR LIES ne LOGAMM ♦tO Olt FAStFLv1S, Rr 5-01 FICROV ,t-vi S ar c 6TNMQ Tr I ORDM t . SURKV. •Qity Council Exhibit � H Approved • 19 _ By Ordinance MEMORANDUM To: Kim Johnson, Planning Office From: Rob Thomson, Project Engineer Si 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: 1. 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. rt/caseload92.003 • VANN ASSOCIATES, INC. Planning Consultants December 31, 1991 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 JAN 21992 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 -Application 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 Ms. Kim Johnson December 31, 1991 Page 2 the approval of the Callahan Subdivision, and the recordation of the subdivision'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'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 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. 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 7-1007.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 imposes 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. 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 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 VANN AASOCIATES, INC. Sunny Vanrf,/AICP SV:cwv Attachments cc: Fredric A. Benedict Arthur C. Daily, Esq. • 0 EXHIBIT 1 CITY OF ASPEN PRE -APPLICATION CONFERENCESUMMARY .Y � I11 i ni 1 %1 -1 / / _V. H11 I .14I" & 0 PROJECT: APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: - 9 OWNER'S NAME • SUMMARY 1. Type of Application: n Ft � 2. Describe action/type of development being requested: r (Pc-\rv� n,,N c n . .' ._ n P rs JO Ori . j a p ll A.C_Q, 1 Sri t S� 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Accent Comm is V - 4. Review is: (P&Z Only) (CC Only (P&Z then to CC) 5. Public Hearing: YES) (0) _ (j 6. Number of copies of the application to be submitted. O 7. What fee was applicant requested to submit: 8. Anticipated date of submission:di 9. COMMENTS/UNIQUE PONCERNS:� } frm.pre_app American Land Title Association Commitment - Mo*10/73 EXHIBIT 2 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas 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 of the 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 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 valid or 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 of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." uhalrman oT� Countersigned by: A STE`1'ART TITLE GUARANTY COMPANY dpiuiu ui N�\ 1908 ;.off. )<l17i iflt i�f (llll [f[7[ ! President 165 serial No. C-1601- 261809 SCHEDULE A ORDER NUMBER: 00018715C2 1. EFFECTIVE DATE: December 02, 1991 AT 8:00 A.M. 2. POLICY OR POLICIES TO BE ISSUED: A. ALTA OWNER'S POLICY PROPOSED INSURED: TO BE DETERMINED B. ALTA LOAN POLICY PROPOSED INSURED: C. ALTA LOAN POLICY PROPOSED INSURED: D. TO BE DETERMINED AMOUNT OF INSURANCE $ TBD $ TBD 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: Lot 16, CALLAHAN SUBDIVISION, according to the recorded Plat thereof. County of Pitkin, State of Colorado OWNERS: TBD MORTGAGEE: TBD TAX CERT. $ 10.00 AUT ORIZED SIGNAT E i STEWART TITLE OF ASPEN, INC. 602 E. HYMAN ASPEN, COLORADO 81611 303 925-3577 FAX 303Sff5EjWART TITEE GUARANTY COMPANY 99C 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 Guaranty company, rurnishea by the orrice or the uireccor or rinance, city or Aspen that the rollowing taxes nave been paid, or that conveyance is exempt rrom saia taxes: (1) The "Wheeler Real Estate Transfer Tax' pursuant urainance No. 20 (Series of 1979) and (z) 1'ne "Housing tceal Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 3. Deed from Fredric A. Benedict and Fabienne benedict, vesting tee 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. STENVART TITLE GUARANTY COMPANY 99C 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, pass through, or dip into the mining ground or premisVm7WI�►RT TITLE Continued on next page GUARANTY COMPANY 99C 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 in Plat BooK a at gage / as Reception No. 183889, and as amenaea ny Plat recoraea August -Li, 1977 in Plat Book b at gage 1b as Reception No. 1yb/4b. 12. Terms, conditions, obligations ana restrictions as set rortn in Subdivision and Planned Unit Development Agreement recorded May 19, 1976 in Book 312 at Page 110 as Reception No. iujuyu 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 114 SE 114 in Section 18, Township 10 South, Range 84 West of the 6th Continued on next page STENVART TITLE GUARANTY COMPANY 99 C 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 112 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 114 SE 114 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 r303 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 99C CONTINUATION SHEET SCHEDULE B - SECTION 2 ORDER NUMBER: 00018715C2 terms, conditions and exclusions, will be made available upon request. STEWART TITLE GUARANTY COMPANY 99 C 0 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 Fredric A. Benedict Fabienne Benedict SV:cwv n CITY OFAEN —COUNTY OF PITKIN�, C0&?ADO EXHIBIT 4 ADDRESS GENERAL ^ (Professional Bldg.) OF JOB ) � F C,' L)' +C-_ /N •,;' CONS7PIJCTION , I PERMIT WHEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZEE_$ THE WOkK DESCkIBED BELOW_ 4?6 -2-73 28Q851 t** 1541 CLASS OF WORK: NEW ?� ADDITION r! ALTERATION J REPAIR = MOVE ❑ WRECK Benedict Assoc. IncorR,DDRESS PO 40 "yY 1C-7 HON � � _�+j C1 i i OWNER NAME LICENSE LICENSE NAME (AS LICENSED) Joe Zanin CLASS NUMBER 4096 I < CIC IINSUkANC=' Aspen Bx 1408 As ' p PHONE � % ��- ►— ADDRESS Z 0 SUPERVISOR I v FOR THIS JOB NAME DATE CERTIFIED LEGAL DESCRIPTION LOT NO. BLOCK NO. ADDITION SURVEY Stewart Title ATTACHED) DESIGN A LIC BY 1 BY Benedict Assoc PE Nc AREA (S.F.) HEIGHT rom ing-xa a TOTAL 1V• OCCUPANCY �= AT GRAD- 5760 (FEET) 31' (STORIES 2 UNITS 2 offices GROUP DIV FIN SINGLEr' ATTACHE- �I- TOTAL l�F ! TYPE GARAGno FIRE 6AStMEN &eSJNFIN DOUBLE �' DETACHED LJ1 ROOMS 2 apt. CONSTR. ,{. - ZONC DEPTI.. I : ?. SPACING IPA G NCY ALITHOR!7ED ! C! TE FIRS' I By Z 0 BELOW 1 GRAD: 3 FLOOR 2x12 12 l6' IN BUILDING li REVIEW EXTEP.IOR FOOTING SIZE 1Ox16 to Ox10! a I� CEILING I' j Beams & deck a ZONING n 1 11 - EXTERIOk CCNC.� CON WALL p m Z I I Ij PARK'1.6 .^i Q THICKNESS 8 MAS'Y rl THICK I CAISSON', SLAB �. S GR. BEAMS IJ I' HEALTH I ROOFING �+ is I MATERIAL COR- ten , AEOVE ABOVE ENGINEEPING I 1 MASONRY ABOVE 1_XTERI0a THICKN�$S ISi ILK :NU `LI. _KL' NVALL STUD SIZE ABOVE ABOVE AEOVL II L SPACE 1ST FLR. 2NE -LP =RD FLZ I. REMARKSOffice Bldg. w/ lbed, apt. I new construction i NOTES TO APPLICANT: I FOR INSPECTIONS OR INFORMATION CALL 525 — 713E FOR ALL WORK DONE UNDER. THIS PEP.Mi7 THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOP. I COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OF CITY I ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OF. C!T." ORDINANCES WHICHEVEF. APPLIES. iSEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING. SIGN`:, SWIMMING POOLS AND FENCES. iPERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLE`;S WORK I:, STARTEZ. I REQUIRED INSPECTIONS SMALL BE REQUESTED ONE WORKING DAY IN ADVANCE. ! ALL FINAL INSPECTIONS SM E MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. f THIS BUILDING SHALL -NOT BE OCCUP D UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED.'—': PERMIT SUBJEC — REVOCATION OR USPENSION FOP. VIOLATION OF ANY LAWS GOVERNING SAME. SIGNATURE\ OF APPLICANT: THIS FORM IS PERMIT WHEN DATE PERMIT No WHEN VALIDAT D HERE 3-12_73 71-73 i i I. 'VALUATION 175 000. !; 0-- WORK PLP,N P I TOTAL `EE 301.50 �I rCURLE j `HECK ^ j 15 0.75p lck FEE - I CASE BUILDING DEPARTMENT APPROVAL BY v I DATE LICENSE RECEIPTS CLASS AMOUNT INSPECTOR'S COPY ' - CITY OF ASPEN BUILDING INSPECTIONOARTMENT EXHIBIT CITY HALL, PHONE 925-2020 EXHIBIT I N S P E C T 1 0 N R E C O R D ADDRESS _ 1280 Ute Ave. OWNER Benedict Assoc. GENERAL CONTRACTOR Joe Zanin 5-9-73 BUILDING PERMIT NO. 71-73 DATE ISSUED POST THIS CARD AT OR NEAR FRONT Or BUILDING INSPECTIONS WILL NOT BE MADE UNLESS THIS CARD IS POSTED ON THE SITE DATE OF TYPE OF SUB -CONTRACTOR INSPECTION INSPECTOR'S SIGNATURE INSPECTION (MO.. DAY, YR.I SPREAD FOOTINGS Z p CASSIONS OR OTHER O '' DO NOT POUR CONCRETE UNTIL INSPECTED AND APPROVED 11 GROUNDWORK A Y a v_ ROUGH oc TEMP. SERV. W ,! FINAL • 4 ,l�. �jY` .J.Ci- SEWER J c. WATER u_ ` GROUNDWORK -Z7 =7 ` ROUGH (Stack) /I i) ��VI c i 5\'1(=r i F j t i �. .� FINAL /! GAS PIPING I ' �� / �4 `i✓,'•lam, O ROUGH TEMP. SERV. LU FINAL Q��•�. ;,TIL INiZT.ALL-710NS -AV= __�� !N "AM•ING !NSPEO`.'ON ,TS,n eE MA _ �'VHEN A-_ R - W FRAME 4 Z C W ' ROOFING { Lath or Wallboard � 17 oe C: _ I 6ui'ding Ready for Occupancy �4-74' 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 15 NOT PERMITTED. SEE BACK SIDE FOR COMMENTS AND CORF 0 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, Debbie Skehan, Office Manager F e0S \ �o t �0V \\ RAIL E FENC \ \� J7.77 LOT 16- / \\ 2.000 ACf�ES / GROUND - G ry.j IV . ✓ // \ / / �V DEGR COVERED WOOD WALK A5� \ / / GROUND j GROUND Cr PAR ; � � \ l ru l .6o.K. i i 274 i5.0 NATURAL >ROUND In r5.0 \ / r WYG \ 1 / _ / I-------- ` Nz-TV\/O STOR NT ��\\ 41 .. PLIT--LEVEL FRAME o� j L / �o / g r �UILDI I`ICy� \ 1 \ \\\\ • <w 41 \0. C�RPNEL FIRE WDRANT l .77'(f�,.w ��\ 2705y � � NORTH 2A 2.8 \\\ •, , \ \ WIRE FENCE / -------- — \ — -� - L-/O U - � .8 OR 7 h I I I I I.80.H. of I N I I I 1 1 8 ; W: i I I I I I o I hl I I =>L1 I 15.0 i -0 DE WI I r WOOD srA1lu —r-Z'LO. (A 0 ---��-� k--------------L---- --- M \ I \ SOLrrH 227. 38 AI Q' n I\\\ I \\ i I I Ns Q W S ILL Z O ld 20 4. bo ev /00 5CALE " 1 ° 20' 13A515 OF MAKING,/ FOUND MONUMENT5 A5 5NOWN. I HEREBY CERTIFY THAT TH15 MAP ACCURATELY DEPIGT5 A SURVEY MADE UNDER MY 5UPERVISION ON NOVEMBER 20- , 1991 OF LOT 16 , GALLAHAN 5UbDIVI510N , CITY OF A5PEN, WL-ORADO. THE TWO STORY BUILDING WA5 FOUI'ID TO BE LOCATED EN71FIZLY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF ALL BUILDING5, IMPROVEMENTS EA5EMENT5, R IGHT5-OF-WAY IN EVIDENCE OR KNOWN TO 1-1E AND ENCROACHMENT5 BY OR ON THE5E PREP'115E5 AIRE AGC.UR.ATELY 5HOVVN. 5TEWAF<r• -1111.E. ORDER NO. 00018715 WA5 USED IN PREPARING -TH15 5URVEY. ALPINE 5URVF_Y5, INC. DECENBER—,1111. L.S.'/ NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 SUrveyea 1 I-17 1771 tiwstons IL.ZT y 1 U-r-Al L F-A7CJVICiN 17 Cr i\Iv L-1-, 1" LOT 16 Drafted 12 1. 199/ PER CALLAHAI� 5UBDIN/15ION PLAI CALLAHAN SUBDIVISION %P%M [W -I I —UI Client POWDER HOUSES o ENTERPRISES