HomeMy WebLinkAboutcoa.lu.gm.AjaxCondoExempt.107AspenMountain Road.A21-90
CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: i?:t~;O
DATE COMPLETE: _ jq 0
I
PARCEL ID AND CASE NO.
.[)f?J 7 -/ ~d-0'7-ct?r21-90
STAFF MEMBER: J....,
PROJECT NAME: A;ax Condominium GMOS Exemption
Project Address: 107 Aspen Mountain Road
Legal Address:
APPLICANT: A;ax Condominium Association
Applicant Address:
REPRESENTATIVE: Jeremv Bernstein
Representative Address/Phone: 315 East Hvman Avenue. Ste. 305
Aspen. CO 81611 5-8166
PAID: YES NO AMOUNT: $55.
NO. OF COPIES RECEIVED:
1
TYPE OF APPLICATION:
1 STEP:
2 STEP:
YES NO
YES NO
YES NO
YES NO /
Paid:
Date:
P&Z Meeting Date
PUBLIC HEARING:
VESTED RIGHTS:
CC Meeting Date
PUBLIC HEARING:
VESTED RIGHTS:
~
Planning Director Approval:
Insubstantial Amendment or Exemption:
REFERRALS:
City Attorney
city Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marsha11
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
DATE REFERRED:
INITIALS:
FINAL ROUTING:
DATE ROUTED:
INITIAL: (I~
city Atty ____ city Engineer Zoning
Housing ____ other:, "I ' . ^
FILE STATUS AND LOCATION:( Y,(~O e~J-.,
Env. Health
--,
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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
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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
~owever does not appear to be perfectly clear, therefore we must
le clear that the road will remain open.
~COMMENDATION: Staff recommends approval of the GMQS Exemption
w.th the following conditions:
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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.
(i{,I /{,~/
AmyO Marg rum,
Director
Planning
2
'~,.....-
MEMORANDUM
FROM:
Engineering
Leslie Lamont, Planner
TO:
RE:
Ajax Condominium - GMQS Exemption: Replace a Portion
of Building Due to Reconstruction of Aspen Mt. Road
DATE:
May 11, 1990
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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
Planning Director sign-off, therefore no
however try and complete this by next
reasonable for you. Please let me know.
your help.
a GMQS Exemption with
real deadl ine. Let 's,
Thursday, if that is
Thanks, as always for
MEMORANDUM
To:
Leslie Lamont, Planning Office
M.\Y I 5 9l)
From: Chuck Roth, City Engineer C~
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. I /1 ~.
,-") (0. /J(:r} e-.,l ~
V /
cc: Bob Gish, Public Works Director
memo 90.84
. ..
JEREMY M. BERNSTEIJ"I;-'
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
APRiO!
Ms. Leslie LaMont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Aiax 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 Skiinq
Corporation v. Billinqs, 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 (IO') 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 (60') 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
,....
,--
..
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,
~~~
tferem M. Bernstein
JMB/mms
cc: Dr. John Lossing
Tom Peckham
Jim Gianulias
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IN TilE DISTRICT COUl1'r 11/ AIJD l\:l:1 .;i;';
COmITY OF I'l'i'iml AlID
STATE OF COLOP.ADO
Civil Action No. 3460
ASPEN SKIIIlG CO;JPOilATIOll, )
a Colorado corporation, )
)
Plaintiff. )
I. I' )
va. ) JIf"Glli::1T
)
DEAIl BILLIIlGS, )
)
Defendant. )
TIIIS IlATTEl cocinll on lor ilearillg th10
? '2' no
Iv.J dllY
of Uai. 1966, UpOh tho cation 01 plaiotill and atl1j~v1t
of one 01 hi.. attorney... ani UHl C;;a.-t bavill:;, 0>1;0;;;1..;;;)
the same and having founll tlint tile deford..ut in in cII,,-
luult and that plaintill is entitlod to a J~~~at .r.J
I.
docree as toll~a:
I. Th.t the ro~d acrean d3fc~unt'~ l~~d io a v~tlic
'Nay and eaaement and that tbe l;cncral'v..Llic b:liJ tll"
right to Ir9,oly and openly use said road and pa~3 ~~
.
rapaGG thereoD;
2. That the, defend:lot) his &Uccc:.;:;;:;ru an:! a..r.;Lil;;~':',
be permanently enjoined and ...",tralned f1'o", ot..tructiL':;
or interferinG with the uue 01 said re~J Ly pl:ltotil1
and the general pubhc and trc;:J do"yin;: or p,'cvcntiu~
plaintifl and tho general public fr6M' tilo U3e ttur~ol.
3, Coats in the acount 01 $22.82;
IT 18 TUmlI);'OnS OllDEillill,iillJUi>GlID J:.liii) ll~.lr',il that
defaul t be entol"Od aClliD!1t ~",~onll:lnt n~:lll Oi11ir.;;;] "..d
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and that the road a'croBB defendant '5 land, the e(;ote}"
line of which Is more particulal'ly dCLicribcd afi fol1oViB:
/J
Doainning at a point on the south-
westerly line of Lot 15, Ute addition
to the City of Aapen from "hence curner
nUllbnr 1 of said City of Aspen bears S.
3905;;'34" IL a distance of 830.50 feet;
thence N. 39038' E. a distance of
34.60 feet;
[
thc~ce U. 11049' E. a diatance of
63.11-1 i""t;
tllcnco \I. 20040' f.. a dl"tanc" of,
24.00 fe~~, Lore or leas to the norlh-
eautcrly line of said Lot 15 ilh~re &~ld
ro~d lot"r8ccts with Ute ~veDu", City
of Azplln,
is a public \iI~y llnd e~se"Jent and that the C"IUt lm.tllor
~(l~fircs and decrees that the plaintiff ;md tllo celleral
public bave tho !iUbt to freely and o~~uly UG2 G~iu ro~d
aod paDS aoJ rep~sa t~~reon;
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IT IS FIO'iDu' O;u;:i:lIID, H.3t tlw <l;;lfcc:J"ut, Idu 01,;<'-
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ceSGora and 1I89i,"0:#, al'o I'~..=c~;:;tl:v eOljoicod ";,;1 k'oaU'pl:t:;;3
frQQ obDtruztin~ or iDterferiL. illtb the u~c of uuid road
b] plaintiff and the g~ncral f~bllc an~ fro~ dcuyin~ or
preventing plaintiff and tile "",wl"al p..Ll1c fro.. tbe \We
thereof.
IT is F\JTITUI:R Oilm!filID, that plaintiff recoller 1\0
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c03ta 10 the w;ount 6l f;3J..L.2, tt..2b~;:;;2 to b.;?~r lota:rcot
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t?g;e~'-/Llt-;o~YJ;~':":;-.i
~~lotrict Jud~e
the leG"l rate untU'iO'-'lid. i-::tIJ
OOlJ (lJ OPEU COlmT this Z3 day
of t.b.y, It33..
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uuscr~~na as tollcvo:
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT:~O-f< C:OVl}ls.
APP",,'A"" S REPRESENTAT,", ~X;-:' ~ ?-,ovr ~d:e" b. _
REPRESENTATIVE'S PHONE: -:; - _~ { ~
OWNER'S NAME: A~('to-/j, CAlY\ (Qjj, N~C'\\ ,,\ flJ_? <:J
....,..-"
1.
SUMMARY
Type of APPlication:\Y'\":SOk'J ,/rr c"V'\~-+~'-"~+'.oY\. crf- \ "\r~
/
Describe action/type of development being re
2.
~
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Aqent
.
Comments
~~
4.~ jSs~~p~n:Y) (CC Only) (P&Z then to CC)
5. Public Hearing: (YES) ~ ')
6. Number of copies of the application to be SU~b ~tted: ~
. ~<
7. What fee was applicant requested to subm1t: .J
8. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS:
frm.pre_app
C JEREMY M. BERNSTEI9
ATTOANEY AT LAW
WHEELER SQUARE LAW OFFICES
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
303-925-6166
FAX: 925-1090
MM291~
March 29, 1990
Leslie LaMont
Aspen/Pitkin County Planning Dept.
130 South Galena street
Aspen, CO 81611
RE: A;ax 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 $55.00 to process this application.
Please contact me at your earliest convenience if you have any
questions or comments concerning this application or if you need
any additional information.
Sincerely,
~arnstein
JMB/mms
enc
cc: Dr. John Lossing
Tom Peckham
Jim Gianulias
c
1\1'malMENf 1
Ll\NO USE APPIJ:Cl\TIOO ~
1) Project Nama Ajax Condominium Association. Unit 1 !<P<Ylnq".nr+i,-,n
2) Project IDeation 107 Aspen ~'buntain !bad. illlp"n. ('olor"r1n - i',-,,,. l~..l QlO'oQription see
Exhibit "B"
(indicate street addresS, lot & block 11UIIber, legal description wheI:e
awrcpriate)
present; zoning
LTR
4) lot size .294 acres
3)
5)
Jlpplicant.s Nama, .l\ddreSS & Fhone II
AjrlY rnnrinm;n;l"." .P!('wsia.:t.iBn
,
0/0 Jeremy M.
Bernstein. F;sq~, 11 ~ V;::lS't I:I:~ 7\H~O, ~uit:e 305, }'~l~, CO 81611
6) Representative's Name, 1\ddresS & Ibone 1/
7) Type of lIWlication (please d1eck all that awly) :
special Review
Final SPA
_ 0:II1Cepblal Historic 0E!v.
Final Historic 0E!v.
eorrlitional Use
_ 0:II1Cepblal SPA
8040 Greenline
_ 0:II1Cepblal roo
Minor Historic 0E!v.
_ stream MaJ:gin
Final roo
llistoric D3D:llition
Mcr.mtain view Plane
.
SUbdivision
-'-- Historic le5ignation
eondaniniumization TextjMa ~----"-""
_ P l~~'~
x ~ Allot:DB1t
_ rot Split,IIDt Line
)\djustnent
, ~. ..>>$ ExeI11?tion
-"
8)
Description of
awroximate sq.
prq:JeI:ty) .
Existing Uses (IJUDiJer and type. of existing structm:es;
ft.; IJImh>r of bedroans; any previoos awrovals granted to the
9 Unit condominium complex
9) Description of Develcpnent lIWlication
Reconstruction of a portion of Unit 3 which must be darolished for retaininq
wall repair
10) Have you attad1ed the foUCMing?
---L RespcJnSe to Attad.~.t 2, Mininum Snhni",,,,ion eart:ents
---L ~lSe to AttadJment 3, Specific Snhni""",ion eart:ents
_ Response to Attactorent 4, Review standards for Your lIWlication
. ~_.-.~,-----..--.....,.------"------~"--
""_._,
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RESPONSE TO ATTACHMENT TO PARAGRAPH 1.
I. 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
ne-l."
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.
-
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JOHN HAROLD LoSSING. M.D.
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NEUROLOGY
3301 NEW MEXICO A VENUE, N.W.
WASHINGTON. D.C. 20016
(202) 966-7805
ELECTROENCEPIIALOORAPHY
ELECTROMYOGRAPHY
March 22, 1990
City of Aspen
Planning Department
130 South Galena st.
Aspen Colorado 81611
RE: Ajax Condominium Reconstruction Application
To Whom it may concern:
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 ~rs,
John H. ssing M.D.
1&ii,
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EXIIIBIT A
TO
CONDOMINIUM DECLARATION rOR AJAX CONDOMIIlIUHS
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A tract of land being a part of the M . Y Lode Claim U.S.M.S.
No. 3921, Amended in Section 18, Township 19 South, Range 84
WftBt of the Sixth Principal Meridian, Baid tract is more
fully described as follows.
Beginning at Corner No. 4 of the N . Y Lode whence Corner
No.1 of the Aspon Townsite boars South 39056'34" East
941. 27 feet,
thence' South 3~oS6'34. East 110.77 feet along Line 4-3 of
H' Y,LOde to the centerlino o~ a road up Aspen Mount~inr
thence South 68000' Nest 39.00 feet along centerline of road;
thence'North73006'Weat 44.47 feet alpng cent~rline of roadr
thenctt North~Oo18','Weat 79.60 feet' along centerline of roadr
, thenCe, North 70~U ,~ West ,72.33 feet along centerline of road .
to,the ~ortheast I1ne of Lot 32, Section 18, Township 10
South, Ran..,e 84 Wcst of the Sbth Principal Meridianr
~ence North 16015' Bast 61.81 feet along the Northe~st
line.of Lot 32 to the intersection of Line 5-4 of M . Y
Lode,
thence South 68022' la.t 128.88 feet to Cor~er No.4 of
M . Y Lode, the point of beginning,
County of Pitkin, State of Colorado.
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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 8-1970
(Rev. 10-17-70 & 10-17-84) or 10/21/87
PROPOSED INSURED: DAVID SPENCER
Amount $ 150,000.00
Premium $ 593.00
(b)ALTA Loan Policy,
(REV. 10-21-87)
PROPOSED INSURED:
Amount $
Premium $
(c)Alta Loan Construction Policy, 1975
(Re\/. 10-17-84)
PROPOSED INSURED:
Amount $
Premium $
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
HOUSE CONDOMINIUMS. as shown on the plat threof recorded in plat Book 7
at Page 20, and as shown on the Map of AJAX CONDOMINIUMS, formerly
de~cribed 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.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
Authorized officer or agent
~fta ~U~
. ~ ~g~r~~~~~EcQr~
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:
1.
Deed from
To
Margaret R. Spencer
David Spencer
2. Certificate of Nonforeign Status of Individual Transferor signed
by Margaret R. Spencer.
3. 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. 212_02
3. 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.
4. 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.
5. 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
the Insuring Provisions and Schedules
A and B are attached.
Schedule g-Section 1 PG.2
Commitment NO.PCT-4556
~ COMMONWLCrH
lAND TITLE INSURANCE COMPANY
A Reh,lllu' Group HoIdinp (OIll1A11l'j
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.
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 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
~ COMMoNwE.CrH
lAND TITLE INSURANCE COMPANY
.. A Reh,lr'IcE' GIOllp Holdings Cornp,lIIV
"
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
the Insuring provisions and schedules
A and B are attached.
Schedule B-Section 2 PG.2
Commitment NO.PCT-4556
.'~ COMMONWEOrH
lAND TITLE INSURANCE COMPANY
A Reoli.lfl(e GIOUP HoIding~ COrnp..lllY
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
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT-4556
c
-.
, ~
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.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
"."r If) Ir:.t ., p;/ ~ ~,
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. 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.
3. 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.
4. 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
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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.
to demolish and rebuild the portion
of the b dro stairwell, closet and storage area as depicted
on Exhibi "A".\ It is agreed and understood that you will use
due care to"f'reyent 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.
".
~
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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.
By
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ASPEN/PITKIN PLANNING OFFICE /J;) / - I ()
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
CUy
00113
00125
00123
00115
County
00113
-63250-134.
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
REFERRAL FEES:
-63340-205
-63340-190
-63340-183
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63450-146
GMP/CONCEPTUAL
GMP/FINAL
SUB/CONCEPTUAL
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS!
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUBTOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SU B/DET AI LE D
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL I-STEP APPLICATIONS!
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205
00123 -63340-190
00113 -63360-143
,
r
PLANNING OFFICE SALES
00113 -63080-122
-63090-123
-63140-124
-69000-145
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMP, PLAN
COPY FEES
OTHER
os-uu
SUBTOTAL
TOTAL 5 'S n (')
Name: 1\/ lfmv J5,rns~,~
Address ,.<,/.;, f Ij ~/I 'I V; .J :5 0 <)'
(I" f 1) " (, ?J (,2
Check # 0< /JI
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Additional billing:
Phone:
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Date: , ~ "J / /'-J
#ofHours: