HomeMy WebLinkAboutcoa.lu.gm.AjaxCondoExempt.107AspenMountain Road.A21-90Ajax Conisminium GMgS Exemption
2737-132-17-609 A21-91
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/
J �J
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
Name: /1✓ r/IS11 i/w
Address: /f'0J 1J OS
Check #
SUBTOTAL
TOTAL
Phone
Project: f A
Date:
Additional billing: #of Hours:
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3 29 90
DATE COMPLETE:
PARCEL ID AND CASE NO.
a �-7-i�S-G%-4:, 21-90
STAFF MEMBER:
PROJECT NAME: Ajax Condominium GMQS Exemption
Project Address: 107 Aspen Mountain Road
Legal Address:
APPLICANT: Ajax Condominium Association
Applicant Address:
REPRESENTATIVE: Jeremy Bernstein
Representative Address/Phone: 315 East Hyman Avenue, Ste. 305
Aspen. CO 81611 5-8166
PAID: YES NO AMOUNT: $55. NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP:
P&Z Meeting Date
CC Meeting Date
2 STEP:
PUBLIC HEARING: YES
VESTED RIGHTS: YES
PUBLIC HEARING: YES
VESTED RIGHTS: YES
Planning Director Approval:
Insubstantial Amendment or Exemption:
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
DATE REFERRED:
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
INITIALS:
NO
NO
NO
NO
Paid:
Date:
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
FINAL ROUTING: DATE ROUTED: INITIAL: '
City Atty City Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION: V(
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Planner
RE: Ajax Condominium GMQS Exemption for the Reconstruction
of a Residential Unit
DATE: May 30, 1990
SUMMARY: The applicant requests a GMQS Exemption to demolish a
portion of Unit 3 (438 square feet) and replace the same amount
of square footage that was removed.
Section 8-104 A.1.(a) of the Land Use Code enables the Planning
Director to review a reconstruction of an existing building if no
additional units are created.
FINDINGS: The retaining wall to the north of Ajax Condominiums
is failing. A repair program requires the demolition of the
existing retaining wall and its replacement. A demolition permit
has been issued after review by the Zoning, Engineering, and
Building Departments. In order to effectively carry out the
replacement, a closet and portions of the bedroom, stairwell and
storage closet of Unit 3 must be removed for a total of 438
square feet.
The applicant will not increase the amount of square footage that
is removed for the wall's repair. No new bedrooms may be added
unless another parking space is added. According to the plat,
there are 6 parking spaces for 9 units.
The Engineering Department has the following referral comments:
1. This project has been reviewed previously by the Engineering
Department. Since the road is not a dedicated right-of-way, an
encroachment license is not required. It is not clear to me from
the application if the soil nails or any other facilities or
aspects of the construction will encroach onto any neighboring
properties. The applicant is advised to determine whether an
easement is needed from adjacent property owners.
2. It is my understanding that the application represents that
Aspen Mountain Road will be kept open during the construction and
that emergency access will also be maintained. The wording
however does not appear to be perfectly clear, therefore we must
be clear that the road will remain open.
RECOMMENDATION: Staff recommends approval of the GMQS Exemption
with the following conditions:
0
L'
1. Prior to the issuance of a building permit, a Certificate of
Zoning Compliance shall be issued by the Zoning Officer.
2. The square footage reconstructed for Unit 3 shall not exceed
that which is demolished.
3. No new bedrooms shall be added unless an additional parking
space is provided.
4. Aspen Mountain Road shall remain open during the
reconstruction of Unit 3.
I hereby approve the GMQS
Exemption for reconstruction
of a residential unit pursuant
to Section 8-104 A.1.(a) of
the Aspen Land Use Code.
(u 1/1�—" /-
Amy Marg rum, Planning
Director
2
0 •
MEMORANDUM
TO: Engineering
FROM: Leslie Lamont, Planner
RE: Ajax Condominium - GMQS Exemption: Replace a Portion
of Building Due to Reconstruction of Aspen Mt. Road
DATE: May 11, 1990
I have enclosed a site plan and description of the proposal for
your review. The applicants must reconstruct the retaining wall
along Aspen Mountain Road. In order to get the "bobcat" in
between the building and the road, it is necessary to demolish a
portion of a unit and then rebuild it within the exact footprint
of what was demolished.
I would like your comments. This is a GMQS Exemption with
Planning Director sign -off, therefore no real deadline. Let's,
however try and complete this by next Thursday, if that is
reasonable for you. Please let me know. Thanks, as always for
your help.
MEMORANDUM
To: Leslie Lamont, Planning Office MAY 15 "
From: Chuck Roth, City Engineer
Date: May 15, 1990
Re: Ajax Condominium - GMQS Exemption
Having reviewed the above referenced application, the engineering
department has the following comments:
1. This project has been reviewed previously by the engineering
department. Since the road is not a dedicated right-of-way, an
encroachment license is not required. It is not clear to me from
the application if the soil nails or any other facilities or
aspects of the construction will encroach onto any neighboring
properties. The applicant is advised to determine whether an
easement is needed from adjacent property owners.
2. It is my understanding that the application represents that
Aspen Mountain Road will be kept open during the construction and
that emergency access will also be maintained. The wording
however does not appear to be perfectly clear, therefore we must
be clear that the road will remain open.
cc: Bob Gish, Public Works Director
memo_90.84
9 JEREMY M. BERNSTEI10
ATTORNEY AT LAW
WHEELER SQUARE LAW OFFICES
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
303-925-8166 FAX: 925-1090
April 18, 1990
Ms. Leslie LaMont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Ajax Condominiums/Unit 3 Reconstruction
Dear Leslie:
At our on -site meeting, you requested additional information
concerning the Aspen Mountain Road Easement and its relocation
pursuant to the plans for reconstruction of the Ajax Condominium
Association back wall. I am enclosing a copy of the Judgment
issued by the Pitkin County District Court in Aspen Skiing
Corporation v. Billings, Civil Action No. 3480. The Pitkin County
District Court held that Aspen Mountain Road is "a public way in
easement.... and that the general public have the right to freely
and openly use said road and pass and repassed thereon...." The
District Court located the Aspen Mountain Road along a centerline
described in the enclosed Judgment.
The public way recognized by the Pitkin County District Court
appears to overlap a ten foot (101) wide easement reserved in a
deed recorded at Book 199, Page 353.
Aspen Mountain Road is not a dedicated road but is rather
recognized as a public way. I have obtained or will obtain the
consent of the owners of real property located adjacent to Aspen
Mountain Road to relocate a portion of Aspen Mountain Road on a
perpetual easement to the north of Aspen Mountain Road's current
location as further depicted on the plans prepared by Pattillo &
Associates. The City of Aspen has granted a building permit which
includes the construction of a sixty foot (601) retaining wall for
the relocation of Aspen Mountain Road on the newly acquired
perpetual easement. I have spoken to Mr. Ferguson, counsel for
the Aspen Skiing Corporation, and I expect to receive either a
consent or an approval from the Aspen Skiing Corporation to the
relocation of Aspen Mountain Road onto the new easement. Pitkin
County has approved the relocation of Aspen Mountain Road. The
Aspen Alps, Building 800, has committed to grant Ajax Condominiums
an easement for the reconstruction of the side portion of the
retaining wall. In connection with granting this easement, the
Aspen Alps is aware of the relocation of Aspen Mountain Road. It
9 f
JEREMY M. BERNSTEIN
Leslie LaMont
April 18, 1990
Page -2-
is my understanding that the Aspen Alps has no objection to the
relocation of Aspen Mountain Road. The Aspen Alps has made its
approval conditioned upon Ajax Condominiums commitment to maintain
Aspen Mountain Road during the construction phase and in such a
manner as to insure that emergency vehicles have access to the 800
Building.
I will be providing you with an updated Improvement Survey by
the end of this week.
It is my understanding that this information and the
Improvement Survey, along with the fully executed Authorization
from Ruth Spencer, the owner of Unit 3, will enable the Planning
Office to grant Ajax Condominiums a GMQS exemption and to approve
the reconstruction of Unit 3, Ajax Condominiums.
If you need additional information, please contact me at your
earliest convenience.
Sincerely,
erem M. Bernstein
JMB/mms
cc: Dr. John Lossing
Tom Peckham
Jim Gianulias
lot
IN THE DISTRICT COU,IT IN AND 1:3.1
COU14TY OF hIT011 MiD
STATE OF COLORADO
Civil Action No. 3400
ASPEN SKIING M-. POUT1OII, )
a Colorado corporation, )
Plaintiff, )
va . ' ) JUuGLL:JT
)
DEAN DILLIUCS, )
Defendant. )
t19
THIS VATIM-1 coding on for hc:arit g thia �j/ J day
of flay, 1066, upon, tho aitioa of plaintiff anJ aUiJavit
of one of his attorneys, and tha C:.art haVIL;; cu:.::I:.; J
the sane and having foucJ tLal tha dafo,,lzut is iu &e-
fuult and that; plaintiff iw entitled to a
dacree as follows:
1. That the ro"d acrom) d3fczJ;.uZ'ry lzj,:d lu a 1,,-Ll+c
way and easement End that the general v,.ablic i,aa the
right to frgoly and openly use said road auti F_::, zrJ
ropacs thereon;
2. That the defendant, his succezz, )r s and
be permanently enjoined and m5traired fro;a oL.�Aructit_;;
or interfering with the u3e of said rc_J Ly p%riatiff
and the general public and frci d:;c:yin ur y;eventlu3
plaintiff and the general public froS the u::e tLaraof,
i
3. Costs in the amount of $i22.02; I,
1T 1S TllEIMORE 0:2DIM, UU ��3IIe.Z;I:D AIiJ G ,.::i.D that
default be entorod against J..A,'^Jznt Baati Dillig:-3 L;;d
I 1
I
P
c aoJa ?Ia r;,l l(Iwo t -
I
1
and that the road acros., defendant's land, the center
_
line of which is more particularly described as follows,:
y
Lo[inning at a point on the south-
vesterly line of Lot 15, Ute addition
to the City of Aspen from whence corner
S
nuL1jr 1 of said City of Aspen bears S.
39*5:,'34" B. a distance of 830.50 feet;
thence N. 39*38' E. a distance of
34.60 feet;
thei:ze 11. 11049' E. a distance of
63.04 feat;
Biases 11. 20`40' L. a distance of
24.03 f0Z.Z, Lore or less to the north-
i
enutcrly line of said Lot 15 where &aid
1;
road intersects with Ute Avenue, City
i
of Aspen,
is a public way uad caaesent and that tlie C:.L:°t furtEtar
ecafirc:a and decreeu that the plaintiff L-,;J the "ciivral
public have the bight to freely act' oy;�? iAy LLa °;.: I l ro:.d
and pass nnJ repass tt._reon;
I? I13 fU?ae i�-1 OJ*:> jZiD, ti.at tL3
E
cessera and uQci;.o:,, Que i;L;. ::::: t1j e:tjoic:J L._:l rcati"Ai�:J
i
from obstructing or interferlL- With the ore of uaid rGad
bj plaintiff and ttie gunaral public az.d troy d: nyir of
preventing plaintiff 3ild the gr: Lral public frog the ure f
thereof.
IT IS F RTIM ORB III, tint plaintiff recover itu
co3tu in tLe ac:.ount c$ ;'�-I.L,2, t[.a i;"a to L::ar interc::t
at the legal rates until• �,_,id, r �
Vay, 1£:,li. 1
Coll Ili OPEN COUNT this �i/� day of 1
h
k 11i�u-je
^
-°2-
�r
" oascrILav no Pull�.uu: f
• CITY OF ASPEN •
PRE —APPLICATION CONFERENCE SUMMARY
r
PROJECT • I GLA�S
APPLICANT'S REPRESENTAT
REPRESENTATIVE'S PHONE:
OWNER'S NAME: A, , C' x C0 h C�� . �—) (C),�D 7,4 ," n a
SUMMARY
1. Type of Application:) ,' - ,
2. /�
D,escribe action/type of develo�pment being re uested:_
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
4. Revl is: (P& 'Only) (CC Only) (P&Z then to CC)
5. Public Hearing: (YES) (NO)
6. Number of copies of the application to be sub itted:
7. What fee was applicant requested to submit:
8. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS:
frm.pre_app
• JEREMY M. BERNSTEI19
ATTORNEY AT LAW
WHEELER SQUARE LAW OFFICES
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
303-925-8166 FAX: 925-1090
WA 29 1�1
March 29, 1990
Leslie LaMont
Aspen/Pitkin County Planning Dept.
130 South Galena Street
Aspen, CO 81611
RE: Aiax Condominium GMOS Exemption Application
Dear Ms. LaMont:
Enclosed please find Ajax Condominiums' Application package
for GMQS exemption for the reconstruction of the affected portions
of Unit 3, Ajax Condominiums. Also please find enclosed our check
in the amount of $55.00 to process this application.
Please contact me at your earliest convenience if you have any
questions or comments concerning this application or if you need
any additional information.
Sincerely,
erem ernstein
JMB/mms
enc
cc: Dr. John Lossing
Tom Peckham
Jim Gianulias
• Az rAa>MQrr 1 .
IMD USE APPLIUMON FY7M
1) Project Name Ajax Condominium Association, Unit 3 Peron-.t-m,r`tinn
2) project Iocation 107 Aspen Mountain Road, ! Qgal dooription see
Exhibit "B"
(indicate street address, lot & block Y mber, legal description where
appropriate)
3) Present Zoning LTR
4) Wt Size
.294 acres
5) Applicant's; Nama, Address & P11one # Ajax C orxinm i n i „m n R serA;;tian, eTe jera«y M.
6) Representative's Name, Address & Phone #
7) 1,ype of Application (please check all that apply):
Conditional Use omxnA ial SPA Conceptual. Iii.storic Dev.
Special Review Final SPA Final Iii.storic Dev.
8040 Greenline QonoepWal IUD Minor Iistoric Dev.
Stream Margin Final FUD historic Demolition
Mcrmtain View Plane Subdivision historic Designation
Qondominiumiration Te3t p Agent X GtCG Allotment
Lot Split,/Lot Lime P ' Fmmption
Adjustment
8) Description of F cistirxg Uses (comber and type, of existing stn :.
approximate sq. f-t. ; number of bedrocros: any previous approvals granted to the
property)-
9 Unit condominium complex
9) Description of Development Applications
Reconstruction of a portion of Unit 3 which must be demlished for retaining
wall repair
10) Ilave you attached the following?
X Response to Attachment 2, M i n i mmn SuLmission contents
X Response to Attachment 3, Specific Sukxaissicn Contents
Respo to Attadhment 4, Review Standards for Your Application
0 •
RESPONSE TO ATTACHMENT TO PARAGRAPH 1.
1. Ajax Condominium Association, 107 Aspen Mountain Road,
Aspen, Colorado, Attention: Jeremy M. Bernstein, Esq., telephone
number 925-8166. Attached hereto as Exhibit "A" is a letter dated
March 22, 1990 from Dr. John Lossing confirming that Jeremy M.
Bernstein and Neil Karbank are authorized representatives of Ajax
Condominium Association and are empowered to act on Ajax
Condominium Association's behalf. Attached to Dr. Lossing's letter
are the Minutes of the Special Ajax Condominium Association
Meeting, March 27, 1989 reflecting the election of Dr. John Lossing
as a director and as president of the Ajax Condominium Association.
2. The street address of Ajax Condominiums is 107 Aspen
Mountain Road. A copy of the legal description is attached hereto
as Exhibit "B."
3. A portion of Ajax Condominiums affected by this
application is Unit 3 which is owned by Ruth Spencer. A copy of
a title commitment issued by Pitkin County Title is attached hereto
as Exhibit "C" which discloses the ownership of Unit 3. A copy of
a letter from the owner of Unit 3 authorizing the Ajax Condominium
Association to file this Application is attached hereto as Exhibit
"C-1."
4. Attached is Exhibit "D" is an 8 1/2 x 11" vicinity map
locating Ajax Condominiums within the City of Aspen.
5. The retaining wall to the north of Ajax Condominiums is
failing. Pattillo & Associates has developed a repair program
which requires demolition of the existing retaining wall and its
replacement through a procedure known as soil nailing. In order
to complete the soil nailing repair, the closet, a portion of the
bedroom, a portion of the stairwell and a portion of the storage
closet of Unit 3 of the Ajax Condominiums must be demolished. This
application requests approval by the Planning Department of an
exemption from GMQS review for the reconstruction of the affected
parts of Unit 3, Ajax Condominiums. The plans for reconstruction
prepared by Charles Cunniffe & Associates/architects is attached
hereto as Exhibit "E."
RESPONSE TO ATTACHMENT NO. 3
1. Ajax Condominiums request exemption from GMQS for the
reconstruction of Unit 3 of Ajax Condominiums which must be
demolished in connection with the repair of a failing retaining
wall. (See paragraph 5, Response to Attachment No. 2) Ajax
Condominiums will reconstruct the affected portions of Unit 3 in
such a manner as not to increase FAR and in such a manner as to
bring the affected portions of Unit 3 up to the requirements of the
Uniform Building Code or any other requirement set by the Building
Department.
2. Ajax Condominiums attaches as Exhibit "E" the plans
prepared by Charles Cunniffe & Associates/architects to its
Application.
Ajax Condominiums also attaches as Exhibit "F" Sheets 1 and
2 of 2 of the Amended Plat of Ajax Condominiums recorded at Plat
Book 7, Pages 61 and 62.
3. Not applicable
4. None.
JOHN HAROLD ILOSSING, M.D.
NEUROLOGY
3,301 NEW MEXICO AVENUE. N.W.
WASHINGTON. D.C. 20018
4202) 900-7805
March 22, 1990
City of Aspen
Planning Department
130 South Galena St.
Aspen Colorado 81611
RE: Ajax Condominium Reconstruction Application
To W'-CM it may ccnccrn:
1 � J
ELF.CTROENCEPHALOGRAPHY
ELECTROMYOGRAPHY
This will confirm that Jeremy Bernstein and Neil Karbank are
authorized representatives of the Ajax Condominium Association
and are empowered to act on the Ajax Condominium Association's
Behalf.
I inclose a copy of the Association Minutes which memorialized my
election to the office of President of the Association.
Sincerely yours,
John H. ssing M.D.
EXHIBIT
41
. ..la�..aa .h ....�.. .. �L':i ✓'vA ItA—& a1yL .i.D�.+t il4 _ �:.I��CA.�....y...y. I+J.M�..
EXHIBIT A
TO
CONDOMINIUM DECLARATION FOR AJAX CONDOMINIUMS
A tract of land being a part of the M i Y Lode Claim U.S.M.S.
No. 3921, Amended in Section 18, Township 19 South, Range 84
Hest of the Sixth Principal Meridian, said tract is more
fully described as followsc
Beginning at Corner No. 4 of the M L Y Lode whence Corner
No. 1 of the Aspen Townsite bears South 39056'34" East
941.27 feett
thence South 39056'34" East 110.77 feet along Line 4-3 of
M i Y Lode to the centerline of a road up Aspen Mountain;
thence South 68000' Nest 39.00 feet along centerline of road;
thence North 73006' Nest 44.47 feet along centerline of road;
thence! North 50018' Nest 79.60 feet along centerline of road;
thence North 70041'"West 72.33 feet along centerline of road
to the Northeast line of Lot 32, Section 18, Township 10
South, Ranye 84 'Acst of the Sixth Principal Meridian;
`-hence Worth 16015' East 61.81 feet along the Northeast
line of Lot 32 to the intersection of Line 5-4 of M t Y
Lode)
thence South 68022' last 128.88 feet to Corner No. 4 of
M 4 Y Lode, the point of beginninq,
County of Pitkin, State of Colorado.
EXHIBIT
E ��
COMMONWE�TH
LAND TITLE INSURANCE C ANY
A Fe6aixe Gran kWdi gs Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 03/26/90 @ 8:00 A.M.
Case No. PCT-4556
2. Policy or policies to be issued:
(a)ALTA Owner's Policy -Form B-1970 Amount $ 150,000.00
(Rev. 10-17 -70 & 10-17-84) or 10/21/87 Premium $ 593.00
PROPOSED INSURED: DAVID SPENCER
(b)ALTA Loan Policy, Amount $
(REV. 10-21-87 ) Premium $
PROPOSED INSURED:
(c)Alta Loan Construction Policy, 1975 Amount $
(Rev. 10-17-84) Premium $
PROPOSED INSURED:
Tax Cert. $ 10.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
MARGARET R. SPENCER
4. The land referred to in this Commitment is described as follows:
CONDOMINIUM UNIT 3, AJAX CONDOMINIUMS, formerly described as MANOR
HOiJSE CONDOMINIUMS, as shown on the Plat threof recordec: in Plat Book 7
at Page 20, and as shown on the Map of AJAX CONDOMINIUMS, formerly
described as Manor House Condominiums, recorded in Plat Book 7 at Page
61 and as more fully described in the Condominium Declaration thereof
recorded November 6, 1978 in Book 357 at Page 660. COUNTY OF PITKIN,
STATE OF COLORADO
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
303-925-1766 Provisions and Schedules
Fax 303-925-6527 A and B are attached.
Authorized officer or agent
x EXH�BtT
z
i
COMMONWETH
LAND TITLE INSURANCE C MPANY
A Rph,uxe G aip F"dnn+s Computy
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM ( b ) Proper instrument(s ) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
2.
3.
3.
4.
Deed from : Margaret R. Spencer
To : David Spencer
Certificate of Nonforeign Status of Individual Transferor signed
by Margaret R. Spencer.
Release by the Public Trustee of;
Deed of Trust from : Sue S. Young
To the Public Trustee of the County of Pitkin
For the use of : Maco S. Stewart
To secure : $19,000.00
Dated : February 15, 1979
Recorded : March 5, 1979 in Book 364 at Page 367
Reception No. : 212427
Re -recorded : March 12, 1979 in Book 364 at Page 678
Reception No. : 21202
Release by the Public Trustee of;
Deed of Trust from : Sue S. Young
To the Public Trustee of the County of Pitkin
For the use of : Colonial Savings and Loan Association
To secure : $80,000.00
Dated : January 8, 1979
Recorded : February 20, 1979 in Book 363 at Page 549
Reception No. : 212006
NOTE: Modification Agreement given in connection with the above
Deed of Trust by instrument recorded in Book 449 at Page
848.
Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and
Ordinance No. 13 (Series of 1990) has been paid or exempted.
S. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor, as required by H.B. 1288, Notice to
County Assessor, has been complied with and that no fees or
penalties exist or are currently due.
This commitment is invalid unless Schedule B-Section 1 PG.2
the Insuring Provisions and Schedules Commitment No.PCT-4556
A and B are attached,
�.
COM MON W H
LAND TITLE INSURANCE COMPANY
A kehaixe GiaiV F"dmgs Company
SCHEDULE B-SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company.
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
S. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
Proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district.
7. Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted, and Right of Way for ditches and canals
constructed by the authority of the United States, as reserved in
the United States Patent recorded January 20, 1898 in Book 136 at
Page 173.
8. All minerals and mineral rights underlying said above described
property as reserved and excepted by Spar Consolidated Mines Company
in instrument recorded in Book 188 at Page 598.
9. Restrictions which do not contain a forfeiture or reverter clause,
but omitting restrictions if any based on race, color, religion or
national origin as contained in instrument recorded November 6, 1978
in Book 357 at Page 660.
10. Easements as reserved in instrument recorded October 9, 1962 in
Book 199 at Page 353, said Easement being 10 feet in width, the
centerline of which is coincident with the Southerly boundary lines
of subject property.
11. Easements and Rights of Way as shown on the recorded Map of Manor
House Condominiums recorded in Plat Book 7 at Page 20, and as shown
on the Map of Ajax Condominiums recorded in Plat Book 7 at Page 61.
continued
W COMMONWEfH
LAND TITLE INSURANCE COMPANY
A Reliaixe Gi xip Holdings Company
12. Terms, conditions and obligations as set forth in instrument
recorded December 12, 1978 in Book 341 at Page 952.
13. Terms, conditions, restrictions and obligation s contained in
Supplemental Agreement recorded October 8, 1981 in Book 415 at Page
602.
This commitment is invalid unless Schedule B-Section 2 PG.2
the Insuring Provisions and Schedules Commitment No.PCT-4556
A and B are attached.
COMMONWEATH
LAND TITLE INSURANCE COMPANY
A Rehaixe Gimp FlNdmgs Company
SCHEDULE B-SECTION 2
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights, claims or
title to water.
NOTE: If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT-4556
A and B are attached.
•
•
Commitment For Title Insurance
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, 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 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: /
G By -
Secretary President
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
American Land Title Association Commitment 1966
Cover Page
Form 1004-8
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RUTH SPENCER
March 23, 1990
Ajax Condominium Association, Inc.
Re: Authorization for Demolition and Reconstruction of
Bedroom, Stairwell, Closet and Storage Area Annexed
to Unit 3, Ajax Condominium (the "Unit"), Aspen,
Colorado
Ladies and Gentlemen:
In connection with the repair of the retaining wall
immediately to the south of the Ajax Condominium, you have
requested my authorization to demolish and rebuild, a portion
of the bedroom, stairwell, closet and storage area on the
second floor of my Unit 3 as an adjunct to repairing the wall.
The portion of my Unit 3 which will be affected is depicted as
the highlighted area on Exhibit "A" attached hereto and
incorporated herein by this reference.
I hereby authorize you to demolish and rebuild the portion
of the bedro , stairwell, closet and storage area as depicted
on Exhibit."A". It is agreed and understood that you will use
due care to prevent damage to the interior of the Unit in
connection with the demolition and reconstruction of the
portion of the bedroom, stairwell, closet and storage area as
depicted on Exhibit "A". You shall indemnify and hold me
harmless from any damage that might occur thereto. In
addition, you shall reimburse me for losses of income from
rentals due to the demolition and reconstruction of the portion
of the bedroom, stairwell, closet and storage area as depicted
on Exhibit "A".
You are authorized to proceed with the demolition and
reconstruction of the portion of the bedroom, stairwell, closet
and storage area as depicted on Exhibit "A" in such a manner
that the reconstructed portion of the bedroom, stairwell,
closet and storage area as depicted on Exhibit "A" will contain
the same square footage and safety access required by local
law. I agree to cooperate with you in connection with the
securing of all permits required to perform the work, and I
hereby appoint you as my attorney -in -fact for the purpose of
securing all necessary permits and approvals from all
governmental entities in connection with the work described
above.
L EXHI 1
4 6�!- /
,W
Ajax Condominium Association
March 23, 1990
Page 2
In the event of any dispute arising hereunder, the
prevailing party shall be entitled to an award of reasonable
attorneys' fees and costs in connection with the enforcement of
any term of condition of this authorization.
Please acknowledge your agreement to the foregoing by
executing and delivering to the undersigned a copy of this
letter.
Very truly yours,
Ruth Spencer
ACCEPTED AND AGREED to this day of , 1990.
AJAX CONDOMINIUM ASSOCIATION, INC.
15
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AMENDED K
A✓,4X WNDOMPIUMS
S LEE T 2 OF 2 (VRWRLY: MANOR I*WSE
-' 00NDOM/NIMSI
FIRST FLOOR PLAN
9 E 1 _ -
7"77771
i
o�
KENNETH L. GLENN, LICENSED LAND SURVEYOR, DO HEREBY CERI.FY THAT
SUBSESQUENT TO ORIGINAL FILING OF THE PLAT OF THE MANOR HOUSE CCftDO-
MINIUN IN PLAT BOOK 7, PAGE 20 THAT IT WAS DISCOVERED THAT CDMDOMHINIUM
UNIT NUMBERS WERE OMITTED FROM 1st i 2nd FLOOR PLAN VIEWS, FOUND ON
SHEET 2 OF PLAT, AND THAT SUCH UNIT NUMBERS HAVE BEEN CORRECTLY AND
ACCURATELY ADDED TO THIS AMENDED PLAT; THAT FURTHER, SUBSEQUENT TO THE
ORIGINAL FILING OF THE PLAT OF THE MANOR HOUSE COMONINIUM THE OWNERS
THEREOF CHANGED THE NAME THEREOF TO THE AJAX CONDOMINIUM BY RMECORDING
THE CONDOMINIUM DECLARATION IN BOOR 357, PAG7' 660 AND THAT SUCH NAME
CHANGE HAS BEEN MADE ON THIS AMENDED PLAT.
KENNETH L.
LAND SURVEYOR NUMBER 137 I2770 F=
STATE OF CO.ORADO
ss
COUNTY Op PITFIN ) `"•..'' C(RYP„ "
THE FOREGOING INLTPUMV,— KAS ACKNOWLEDGED BEFORE ME THIS - Nd DAY OF
fC BY 7MKTH L. GL$NN. WITNESS My HAND SEAL THIS
D" oP ��� � 197g_. !� COhYISSION EXPZREfi
Nc lAl i jr,,. w
er
NOTAWAPUSLIrc a�an NlYposp
w. <t, Wo
S CJ ON A -A
LEGEND
PINNNING i ZONING AMENDMENT ;-PPEOVAL.
THIS AIDED FII&:L PTAT OF THE AJAX CONDOMINIUMM (FORMERLY NAMED THE
MANOR ND"SE CONDOMINIUM), CORRECTS THE OMISSI09 OF THE CONDOMINIUM
UNIT NUMBERS FROM TB_r 1st i 2nd FLOOR PLAN VIEWS, AND WAS APPROVED
BY THE CITY OF ASPEN ?LANNING AND ZONING COPMISSION, IN ACCORDANCE
PITH SECTION 20-21 (b) MUNICIPAL CODE OF THE CITY OF ASPEN ON FEE_
RUARY 13, 1979.
l
GD
—'
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EXHIBIT
6
m
PINNNING i ZONING AMENDMENT ;-PPEOVAL.
THIS AIDED FII&:L PTAT OF THE AJAX CONDOMINIUMM (FORMERLY NAMED THE
MANOR ND"SE CONDOMINIUM), CORRECTS THE OMISSI09 OF THE CONDOMINIUM
UNIT NUMBERS FROM TB_r 1st i 2nd FLOOR PLAN VIEWS, AND WAS APPROVED
BY THE CITY OF ASPEN ?LANNING AND ZONING COPMISSION, IN ACCORDANCE
PITH SECTION 20-21 (b) MUNICIPAL CODE OF THE CITY OF ASPEN ON FEE_
RUARY 13, 1979.
l
GD
—'
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EXHIBIT
6
m
12' WIDE ASPEN MOLINTA N
RAID E ASEMENT t
WMIDIES WITH EXISTING
IMPROVED ROAD
(O WtOE EASEMENT
Som 99, Pokm 3w
f
i ' a
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r
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/ t
/ GAS METERS
P ^ `
RETAINING
WALL
� l
�A
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F
I"F4
4, 0
RFT<;pm,C- WALL
9XISTWG 2 STORY
CtIZ" Uy
5
\-tECTr, Ir
METERS
as
LEGEf�
-' S --►- SANITARY SEWER LINE
—W— WA1, 7 LINE
— — G — -- GAS LINE
-- - --- TELEPHONE LINE
° SET REBAR 9 CAP
• FOLND REBAR 8 CAP
VICINITY MAP I"= 4wl
w AMENDED OF • or OF
SUBDIVISION FLAT AND CONDO INIUirlf MAP
tI WftA L.*V I/ViV%Il� (FORMERLY: MANOR hCX/S£
GONDUN�I/N/UMSJ
.SffEET / OF 2
OY11 ER/SY/ aVIDER AIRVEYCR DESUNER
WHAU TESCHNER GR45ERY A%WWES /MC' UWNCWN
MACO S7Z _'v4RT SWE 207, V/LCALIE aAZA EX/STING STRICTURE
BOX /2M GLENWOOD SFRwGS, CtXORAOO
ASPEN, COLDRADO TELEP/7 NE 945- 8576
TELDI)` 5p-5--1589
47r
THIS FINAL PLAT OF THE MANOR i HOUSE COgNIMUMS WAS APPROVED EY THE
CITY ENGINEER, CITY OF ASPEN, T:iIS �DAY OF42&Ag , i97e
I
THIS FINAL PLAT
_pF THE MANOR HO+SSE CONDOMINIMUMS WAS APPROVED BY THE
CITY OF APSE- PLANNING AND ZONING COM41SION THIS
MCf ffAjj - 197�. $F_,040P.DAY OF
THIS FI�,U PLAT OF THE MANOR HOUSE CONDOMINIMUMS WAS APPROVED BY THE
CITT OF ASPEN PARKS DEPARTMENT THIS DAY OF 197�
1
�P /it C9"lY G'f#�+VOE .tif'f'Rf��� � I�G•EPi'
THIS FINAL PLAT OF THE MANOR HOUSE CONDOMINIUMS IS HEREBY APPROVED ✓
AND THE GRANT OF PUBLIC EASEMENT ACCEPTED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, STATE OF COLORADO THIS
197 THE SAME HAVING BEEN SUBMITTED DAYYOF
DIVISION REGULATIONS OF THE CITY OF ASPEN. AMD APPEUNDER THE SUB-
MAYOR
ATTEST: j
CITY Vr
I HEREBY C1._rtTIFY THAT THIS CONDOMINIUMM FLAT OF TH
MINIMUMS Wks ACCEPTED FOR FILING N MY OFFICE AT OR HOUSE Co
ON THIS �ppy OF O'CLOCK M.
IN PLAT BOOR AT PAGE 19� ' AND WAS DULY F LED
THE CONDOMZNL DECLARATION IS ECORDED INEBOOK
ER
PZTRIN COUNTY RR AND RECORDER
a?:4WPAP ow POW
A.e& 7 &r.X at tc"ier�Gl�G� �
THE BASIS OF BEARINGS FOR THIS SURVEY IS
N. 38^00'00' E. THE BEARING OF THE LINE
BETWEE,, CORNER 3, MS 42PI AND CORNER 2,
IMS 4ZL1.
U.S.G_S. BENCHMARK ASPEN. COLORADO, PITKIN
COUNTY COURTHOUSE AT S.W. CORNER IN
SOUTH FACE, BRASS TABLET STAMPED
"7909 1909" (U.S.C. 6 I.S. ELEVATION)
7906.302.
F
LSAT;
STEWART TITLE' GUARANTY COMPAZ.Y, A _EXAS CORPORATIOK QUALIFIED TO DO
BUSIiiESS IN THE STATE OF COLORADC BY AND THROUGH STEW;-RT TITLE OF ASPEN,
INC., ITS AUTHORIZED AGE.JT, EEING A LICENSED COLORADO CORPORATE TITLE
INSURER, CERTIFIES THAT MACO STEW,." AND MICHAEL TESCHNER ARE THE FEE
SIMPLE OWNERS OF THE DEDICATED PROPERTY DESCRIBED IN PROPERTY DESCRIPTION
HEREIN, FREE AND CLEAR OF ALL LIENS AND EKCUMBEKANCES,
STEWART TITLE GUARANTY COMpANy
BY STBWART TITLe OF ASPEN 'IKC_
ITS AUTHORIZED AGENT ,
ROH YkW, AN ,;tR
AUTHOR C(j(7TERS IGNATORY
I
1, KENNETH L. GLENN, LICENSED SURVEYOR, DO HEREBY CERTIFY THAT THIS PLAT
OF THE MANOR HOUSE CONDOMINIMUMS, A NINE (9) UNIT COFFDSNIINIMUM COMPLEX
SITUATED ON A TRACT OF LAND BEING A PART OF CIE M 6 y LOSE CLAIM U.S.M.S.
40. 3921, AMENDED,-Th-SECTION 19, TOWNSHIP 10 *OUTH, ROE 84 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, SAID TRACT IS MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 4 OF THE ii 6 Y LODE WHENCE CORKER NC. 1 OF In
ASPEN TOWNSITE BEARS S. 39'56'34" E. 941.27 FEET; THENCE S. 34.56'3411 E.,
110.77 FEET ALONG _•INE 4-3 OF' M 6 y LODE TO THE CENTERLINE r A ROAD
UP ASPEN MOUNTAIN; T2FNCE S. 68.00' W_, 39.00 FEET ALONG C$.TERI,INE OF
ROAD; THENCE N. 73'06' W., 44.47 FEET ALONG CLINE OF ROAD; THErtC E
N. 50'18' W., 79.60 FEET ALONG CENTERLINE OF ROAD; THENCE N. 78'41, W.,
72.33 FEET ALONG CENTERLINE OF ROAD TO THE NORTHEAST LINE OF LOT 32,
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PFLIFFCIPAL
MERIDIAN; THENCE N. 16'15' E., 61.81 FEET ALOW THE *01.'TSEAST LINE OF
LOT 32 TO THE INTERSECTION OF LINE 5-4 OF M 6 Y LOBE; rHENCE S. 68.22`
128.88 FEET TO CORNER NO. 4 OF M 6 Y LODE, TyE POINT OF BEGINNING,
OF PITKIN, STATE OF COLORADO, AND CONTAINING .:94 ACRES, MORE OR LES,75'.`
WAS PREPARED UNDER MY SUPE.IVISTON AND THAT THE OUTSIDE BOUNDARIES,
ROADS, LM.F*ROVEMENTS, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY
SHOWA HEREON, THAT THE SAME ARE BASED ON FIELD SUY'VEYS, AND THAT THE
PLATTED LOTS AND ROADS CONFORM TO THOSE STAKED ON THE GROUND, AND THAT ,.
ALL EASEMENTS, ENCROACHMENTS, RIGHT-OF-WAY, FMKZS, UTILITIES SHOWN OF
RECORD AS AFFECTING THE SUBJECT PROPERTY, IN L'IFISTENCE THEREOFT OR KNOWN
TO ME ARE SHOWN HEREON AND THAT SUCH SURVEY WJIS PERFORMED IN ACCORD ANC
WITH C.R.S. 1973, TITLE 38, ARTICLE 51. IN WITNESS NVEREOP, I HAVE SET '
MY HAND AND SEAL THIS
7 _DAY OF due 19'I I
1
GINGERY i; c.SOCFATES, I3C. _J� i "E'l ;P
L. a,EYfli, I,C
LAND SURVEYOR NUMBER 12770"s
SrAurOF cowswo
Err vF 4cY7W
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
OF �_��„� 197 a By KENNETH L. GLENN.
T � pb;
'--
WITNESS My-
THIS—� pAy (
NH�D �
s+-tL---• 197_ MY COMMISSION
PT_RES�-� _ -f R!
-
S
i
KNOW ALL ME- BY THESE IRESENTS; THAT MACO STEWART AND MICISAEL TESCHNOR
BEING CO -OWNERS OF A TRACT OF LAID BEING A PART OF THE M 6 Y LODE CLAIM
U.S-M-S. NUMBER 3921, AMENDLD,IN SECTION 18, TOWNSHIP 10 SOUTH, RANGE
84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
CiTLORADO, DO HEREBY PLAT ?.ND SLBDIVIDE THE SAME TtiTn NINE (9) CONDO -
if MINIMUM UNITS AS SHOWN HEREON AND TO BE KNOWN HEREAFTER AS TFFE HAMM
HOUSE CONDONligiUMS, AND DdNE'REDT GRANT TO ?VP
UTILITY PURPOSES THOSE POFffIONS OF THE ASPEN MOUNTAIN ROAD EASEMENT
LYINi; WITHIN THE -ABOVE PROPERTY AS SHO$ri HEREON.
roIL�ry��-,y�ytan���y;�
MACO OWPTE
CHlL.L HNR OWNER
W'
F
90
IZEGON 5T �UGTE� 12Gial7 � RE
{2UGTU1��- �Nl�'IZai �712A 11JGI`�
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p(zAWING 15 P,ASEO OH TI+e InVlPRO\/E,^AE.r1T'
-6wFwE`I' MAP fpR4rawzr? Pr, A Pmw SU(ZYCY
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