HomeMy WebLinkAboutcoa.lu.ec.Red Onion Condominiumization
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CASELOAD SUMMARY SHEET
City of Aspen
PROJECT NAME:: ,Ku; tJ~ - ,xj:u~
APPLICANT: fu ()IUAJ~..&~--<1
'REPRESENTATIVE: b-lJ7MuP?r1. e7~
TYPE OF APPLICATION:
1. GMP/SUBDIVISION/PUD (4 step)
($1,840)
($1,120)
($ 560 )
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2. Use Determin~tion
3. Conditional Use
REFERRALS:
,/ Attorney
~Engineering Dept.
Housing
Water
City Electric
Date Referred:
Sanitation District
Mounta in Be 11
Pa rks
Holy Cross Electric
, Fire Marshall/Building Dept.
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School District
Rocky Mtn. Nat.G,
State Hgwy. Dept.
Fire Chief
Other
Date Routed:
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FINAL ROUTING:
~~torney
~ding
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~ngineering
Other
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DISPOSITION:
CITY P&Z REVIEW:
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CITY COUNCIL REVIEW:
Ordinance No.
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Beog 461 PAGE192
COVENANT OF RED ONION INVESTORS
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The following is intended to be a binding, continuing
covenant on the part, of RED ONION INVESTORS, a joint venture,
enforceable by the City of Aspen and upon which the hereinafter
building permit of RED ONION INVESTORS, the Certificate of
Occupancy anticipated to result therefrom, and subsequent
condominium approval is and shall continue to be conditioned.
CHARLES B. ISRAEL, managing joint venturer of RED ONION IN-
VESTORS, being first duly sworn upon his oath, avers and cer-
tifies as follows:
GENERAL RECITALS
1. RED ONION INVESTORS is the owner of all of the Red
Onion Condominiums situate on Lots N, 0 and P, Block 89, City
and Townsite of Aspen, pitkin County, Colorado, and therefore
the owner of those said lots,
2. RED ONION INVESTORS has applied for a building
permit to construct 2,565 square feet of commercial space
situate above Condominium Unit #4, Red Onion Condominiums.
3. RED ONION INVESTORS has requested that its
building permit include 255 square feet of garden area which is
not intended to be a commercial use but rather is mechanical
space in the form of a passive collector and biomass which it
has requested the City of Aspen Board of Adjustment to consider
to be not to be within the floor area ratio calculations for
purposes-of its building permit application for said 2,565
square feet of commercial space.
COVENANTS
1. In consideration of the granting of a variance by
the permit requested by RED ONION INVESTORS including the 2,565
square feet of commercial area and in addition thereto the
approximately 255 square feet of glassed-in garden area, RED
ONION INVESTORS covenants that the 255 square foot garden area
shall not be utilized as commercial space but rather that its
purpose shall be limited to a solar collector and biomass area,
mechanical in nature.
2. That the covenant herein made shall be a covenant
running with the land above described having a term of the
greater of fifty (50) years or the lives of all of the joint
venturers of RED ONION INVESTORS and their now living children
plus twenty-one years (21).
3. That the provisions of this covenant shall be
contained in an amendment to the Condominium Declaration for
Redl
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BOOK 461 PAGE193
Onion Condominiums which will be presented to the land use
authorities of the City of Aspen for approval upon completion of
the improvements contemplated under the solicited building
permit, but no later than May 1, 19841 in addition, RED ONION
INVESTORS will insert appropriate plat language on the Condo-
minium Plat for Red Onion Condominiums reflecting the existence
of the foregoing covenant.
4. In the event of any violation of the said,cove-
nant, the City of Aspen shall be entitled to enjoin the further
use by RED ONION INVESTORS and its grantees of the said garden
area in addition to any other remedies which may be available to
it by 1aw1 and in the event of any litigation arising hereunder,
if the City of Aspen shall prevail therein, it shall be entitled
to its reasonable attorneys' fees in enforcing the covenant
herein recited.
5. This Covenant shall be binding upon RED ONION
INVESTORS, its successors, grantees and assigns in and to Red
Onion Condominiums and each and all of the condominium units
therein.
Dated:
l-/ z,
STATE OF COLORADO
COUNTY OF PITKIN
The foregoi
this, -<,Q/1 day of
Managing Joint Venturer of RE
ss.
, 1984.
RED ONION INVESTORS,
a joint venture,
By
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Charles B. Israel
Managing Joint Venturer
instrument was acknowledged before me
, 1984, by CHARLES B. ISRAEL, as
ONION INVESTORS, a joint venture.
WITNESS my hand and official seal.
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MEMORANDUM
TO:
Aspen City Council
FROM,:
Colette Penne, Planning Office
RE:
Recondominiumization of the Red Onion
DATE:,
February 13, 1984
This building has been condominiumized previously through the sub-
divis~on exception process into four units. This application proposes
to divide the newly-constructed addition into four additional units
and to adjust the lines between the original units to accurately show
the as-built boundaries. These minor adjustments were made in the
building remodel to accommodate space needs of the current tenants,
who are Special Occasions, the Red Onion Restaurant and Stefan Kaelin's
Sport Shop.
The basic issue to be addressed in this one-step process is to assure
that the platting is accurate and conforms to all Code requirements.
The Engineering Department's comments (attached) list five revisions
to the plat which will be required prior to recordation. Engineering
also requests that the utility meters and pedestals that presently
protrude into the alley be moved into the new trash and utility area.
The applicant has indicated that he is willing to escrow the necessary
funds to assure that this work will be completed.
PLANNING OFFICE RECOMMENDATION AND COUNCIL ACTION
The Planning Office recommends that Council make the following motion:
"I move approval of a subdivision exception for the purpose of
re-condominiumization of the Red Onion Condominiums into eight
units with the following conditions:
1. Prior to recordation of the Red Onion plat, the following
modifications should be made:
a. Retitle as an Amended Condominium Map;
b. Provide surveyor's signature and seal1
c. Have owner sign the plat;
d. Provide title certificate1 and
e. Add an index to sheet one.
2. Funds must be escrowed to assure the relocation of the
utility meters and pedestals with the City Engineer prior to
the City signing off on the plat.
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LAW OFFICE.S
OATES, HUGHES 8: K-NEZEVICH
Pl=l'OF'ESSIONAl,.. CORPORATION.
THIRD ':l,..OOR, ASPl!:N Pl,..AZA aYll..OING
,.
533 EAS.T HOPKINS AVENUE:
l,..EONARO M. OATl!:S
ROeERT w. HUGl-Il!:S
RICHARD A.KNEZEVICH
DEBORAH.QUINN
ASPEN, COLQRAOO BI61l
February 6, 1984
AREA C;OOE 303
TEI..EPKONE 9~O-1700
TELECOPIER 920-1121
Barry D. Edwards
Assistant City Attorney
600 East Hopkins
Aspen, Colorado 81611
RE: Covenant regarding garden area - Red Onion Offices
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Dear Barry:
Pursuant to our telephone conversation in January, I
enclose herewith the executed Covenant of Red Onion Investors
executed by Charles B. Israel as the Managing Joint Venturer
establishing the restrictions upon the use of the biomass or
garden area within the Red Onion offices recently completed. I
am also enclosing our check in the amount of $6.00 for recorda-
tion of this document by the appropriate city agency.
BY~.~
Leonard M. Oates
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Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
LMO:lam
Enclosures
LM06.10
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RECEIVEDFEB
7 1984
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OATES, HUGHES & KNEZEVICH, P.C.
ATTORNEYS AT LAW
Third Floor, Aspen Plaza Building
533 East Hopkins Avenue 920-1700
Aspen, Colorado 81611
N'! 7048
PAY
the sum of (i) dorso octs
FIRST NATIONAL BANK
Aspen, Colorado
82-164/1021
1180
TO
2/6/84
ImAMOUNT
6.00
DATE
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THE
ORDER
Pitkin County Clerk & Recorder
OF
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VO$' JIodrv _.In hnl< _
OATES, HUGHES, KNEZEVICH, P.C.
Recording fee for Covenant of Red Onion Investors
l. eos, G/L. Acct. 5\1)). p Emp. No. D&l>1t Amnt. CredJt ADult. Cost G/LMct. Sub. P EDlp. No. Debit Amat. ' er_ AmDt.
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MEMORANDUM
Paul J. Taddunc
City Attorney
Barry D. Edwards
x;:,rey$X~x
Assistant City Attorney
Peggy Carlson
Ad ministrative Assistant
FROM:
Planning Office, Colette Penne
Barry D. Edwar,;.sf!!iJt-.
January 30, 1984
TO:
DATE:
RE:
Red Onion Condominiums-Special Review
We have reviewed the correspondence from Lennie Oates
dated January 5, 1984, received January 9, 1984, together
with the proposed revised plat for Red Onion Condominiums
(four pages) .
We have only two comments:
1. This new condominiumization should go through the
exception process under Sec. 20-19, since it is, in effect,
a new condominium. The usual verified application, etc.,
appears to be the appropriate procedure.
2. The exception application should demonstrate com~
pliance with the GMP submission as approved, including any
employee housing requirements. I assume that the condominium
documentation previously presented on the original condominiumi-
zation will not be substantially changed. However, if it is,
we would like an opportunity to review it.
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MEMORANDUM
TO:
qglettePenn~,PlanningOffice
Jay Hammond, City Engineering ~
FROM:
DATE:
January 26, 1984
RE:
Red Onion Recondominiumization
Having reviewed the above application, and made a site
inspection, the City Engineering Department has the following
comments:
1. It has been our desire for some time now to have the
various utility meters and pedestals that protrude into
the alley on the north side of the structure moved into the
new trash and utility area that was constructed during the
renovation of the building. Pursuant to my conversation with
Lenny Oates today, and in view of the fact that current weather
precludes doing the work now, we recommend the applicants be
required to escrow funds, based on estimates by contractors
qualified to vaocate the various facilities, to be released
by the City Engineer following completion of the work in the
Spring.
2. Prior to recordation of the Red Onion plat, the following
modifications should be made:
a. Retitle as an Amended Condominium Map
b. Surveyor's signature and seal
c. Owner's signature
d. Title certificate
e. Add an index to sheet one
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PLANNING OfFICE
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MEMORANDUM
TO: ~ Attorney
~ty Engineering Department
FROM:
Janet Weinstein, Planning Office
RE:
Red Onion Condominiu~s - Special Review
DATE:
January 9, 1984
Attached yell will please find an application submitted by Red
Onion Investors requesting approval of the recondominiumization
of the Red Onion Condominiums. Please review this material
and submit your referral comments to the Planning Office no later
than January 30, 1984 in order that Colette Penne has adequate
time to prepare for its presentation before City Council on
February 13, 1984.
Thank you.
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LAW OF'F'ICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
LEONARD M. OATES
ROBERT W. HUGHES
RICHARO A. KNEZEVICH
OE:SORAH QUINN
5~3 EAST HOPKINS AVENUE
ASPEN, COLORADO S1611
January 5, 1984
AREA CODE 303
TELEPHONE 920-1700
TELECDPIER 92:0-1121
City of Aspen Planning
Aspen City Hall
130 South Galena
Aspen, Colorado 81611
Department
Hand Delivery
ATTENTION: COLLETTE PENNE
RE: RED ONION CONDOMINIUMS
Dear Collette:
I enclosed hereby five copies of a proposed condominium
plat for Red Onion Condominiums. For your information, if you
are not already aware, this project was previously
condominiumized into four condominium units pursuant to exemption
granted from the City of Aspen. The purpose of this submittal is
twofold. First, in the substantial remodeling that we have done
of the previously existing structure, certain adjustments to the
lines of Units One, Two, and Three were made to accommodate
Special Occasions, the Red Onion Restaurant, and Stefan Kaelins'
Sport Shop. Secondly, pursuant to Growth Management approval,
new construction occurred that has recently been completed
creating four new units (Units Five through Eight, inclusive)
above Unit Four occupied by Stefan Kaelins' Sport Shop. Our
request is for a one-step approval of the recondominiumization
allowing the readjustment of the first four unit lines and the
submittal of the new construction to the condominium regime.
In addition, I enclose herewith Red Onion Investor's
check in the amount of $460.00 in payment of the processing fee
together with a Title Insurance Commitment reflecting ownership
of the project in Red Onion Investors. It is proposed that the
prior Condominium Declaration with respect to this project be
revoked, and upon revocation, therefore, the property ownership
of the lots upon which it is situate, i.e. Lots N, 0 & P, in
Block Eighty-Nine (89), City and Townsite of Aspen, together with
all improvements thereon, will be vested in Red Onion Investors
Joint Venture.
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OATES, HUGHES 8< KNEZEVICH, P. G.
City of Aspen Planning Department
December 27, 1983
Page 2
If you should be in need of additional information to
process this Application, please feel free to contact me and I
will be more than happy to provide the same.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
By ~~o..~
Leonard M. Oates
LMO:lam
Enclosures
LM01.46
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Am~rican Land Title Association Commitment nfied 10/73
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
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STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY A Texas n, herein called the Company, for
valuable consideration, hereby commits to'issue its policy or po ici of title insurance, as identified in
Schedu Ie A, in favor of the proposed I nsurednarn~din.sc/"l.edule, wner or mortgagee ofthe estate
or interest covered hereby in the land d~ciibe~:oi::f,efEwred to in Sc ule A, upon payment of the
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premiums and chargesth~refor;allsubjec;:(tQi:hep~ovisions<ifSc;:hedules A dB and to the Conditions
and Stipulations hereof, .' ,'" , '
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This Commitment shall be effective only''Whe'ri the' (, : y of the proposed Insured and the amount
of the policy or pOlicies committed for have been i, 'rt ,in Schedule A hereof by the Company,
either at the time of the issuance of thisComhi!tment or'};;,' ;:bsequent endorsement.
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This Commitment is preliminary tO~l1~issuance of suth:pEiIii; or policies of title insurance and all
liability and obligations hereunder shilil;J::,ejjwand termlri!\te'six months after the effective date hereof
or when the policy or policies comrjJ!" ' r shall iSS!J~>wbichever first occurs, provided that the
failure to issue such policy or policies''!$': ,,"~ fc<ji-!it,:oti/:le C,ompany, This Commitment shall not be
valid or binding until countersigned bv:il,i:(i'iu ',',' ri. .Offiqeroragent,
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IN WITNESS WHEREOF, the comp~riy,'han;au , CJ ~liis Commitment to be signed and sealed, to
become valid when countersi d by ah"authOrizedofficer oragent of the Company, all in accordance
with its By-Laws. This Commi ent is eff&:tiite asofthe date shown in Schedule A as "Effective Date,"
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Chairman of the Board
elAawI/1t'~
~'l'~'\~ARTTITLE
'A.~'A:OTY COH'PA:SY
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President
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Se,;al No. cc 142 394
165
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SCHEDULE A
Order Number: 12105
Commitment Number:
1. Effective date:
Deeembel" 29, 1983 at 8:00 A.M.
2: Policy or Policies to be issued:
A. AlT A Owner's POlicy
Proposed Insured:
'!'m>
$
Amount of Insurance
'fBD
Premium
'!:'BD
6. ALTA Loan Policy
proposed Insured:
$
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$
3. The eslate orihlerest 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:
Red Onion Investors
4. The land referred to in this commitment is described as follows:
QmdomlnlU11l Units 1 to _.RED ONI~ OOl'lOOMIlnmfS, ac~ol"ding, to the
COndom1l11U11l Map the_ot, _cot'ded Ma~ 2. 19~2 in Plat BOok U at Page
15 as Reception Nth 231169. and as hnner. defIned and descl"1bedfn the
CondomInfUlll Dee lara tlQJ1. t(}rRed Onion <:Ond~,om, l1uma. reeol"ded Mat"eh 2,
1981 In Bc:>>k 404 at Page9l;l1 as ReeepUonNo. 231112.
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Page 2
STEWART TITLE
GUARANTY COMPANY
1652 (20MA-83)
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SCHEDULE B - Section 1
Order Number: 12105
Commitment Number:
Requirements
The following are the requirements to be complied with:
Item (a) Payment to or for the account.ofthe grantors or mortgagors of the full,consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating theestate or interest to,be insured must beexecuted and duly filed for record,
to-wit;
1. lW1denee sat1s.faetory 1;f) Stewart '1'1tle Guaranty Company,
.famished by the Oi"f'ieeof theflirector 01" Pinanee> City or
Aspen, that the real esf;ate tl'ansfecr tax purs'IUlnt 1;0 GUy
Ordinance Ne. 20 (8el"ies of' 1919)> has been paid or that
eenveyance is exempt f'rom said tax.
2. Cert11"ieate .from the management group evidencing the f'act that
all Condolll1n1Ul11 expenses have been paid p,ursuant to Paragraph
No. 10.8 ot the Condom1n1Ul11 Declaration.
3. Record ClU"Nmt Joint Ventu1"e Mf1dav1t tor Red onion
InvestoI'8,a .;Joint venture, disclosing the names ot all .;Joint
'ventureI'8.
NOTE: Joo1nt Venture M ridavlt .fOl" Red on~1 on In. vestQl"S '
l"ecorded Ma1"eh 2, 19tH in Book 405 atPag 04 s Reeeption No.
231192 discloses the following Joint Ventur
Albert B.Gl1e, klIIan ~
Elaine 1l. MoDade 0 '
Robert R. ooe.n
James R. McDade
Leonard M.Qates
Rooky Mountain & Jfd Ii!.. Co.. a Co1orado corporation.
4. D1sposit1cm of ens> plU'sllaat to Colorado Rule of Civil
Proeedure 105 { ,urt detel'llllnation,d1sela1lller, r1ns1
judgement or Cel."toate of Dismissal issued by the Clerk or
the Court, in Civil Action No. (none given) in the Dtstn.ct
Court of' Pitkin County entitled Hunte!" Construction
Corporation, a CcllOl"adoClorporaat1on> plalntlrr> vs. Red Onlon
Investora, a Colol'adO Joint Venture, de1'endents. Notice of
Lis Pendens :reoorded .April 26, 1982 in Book 425 at Page 619a8
Reeep1:!on No. 21f 1851
5. Release or Pfeehanies' Lien, evldeneed by Statement of' Hunte:&'"
Coll3truet10n Corporation, in the amOU)!lt: of' $69.101.11,
l'eeol'ded .April 12, 1982 1n Book 4'21f at Page 943 as Reeept1ol'!
No. 240540.
1653 (20M-4-831
Page 3
STEWART TITLE
GUARANTY COMPANY
COpy FOR ISSUING OFFICE
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SCHEDULE B - Section 2
ExcePtions
Order Number: 12105
Comm itriient Number:
The policy or pOlicies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the pubri?:~;~cords..
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the publiC
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment. '
6. Any and all unpaId taxes and assessments.
1. The effect of inclusion In any general or specific water
conservancy. fire protection. soil conservation or other
dIstrict or Inclusion in any water service or a reat
improvement area.
8. All area and mineral and mineral beaJ01.ng :r>ock an so much of
that portion of said lot: beneath i urface as be
necessary for mining purpo8es wIth right to ener within
said prem18e8 with underground world. and to mine. extract
and remove the saId o.re8 nd m1nerals therein contained. l!l.S
deacr1bed in Instrument eorded June 6. 1891 in Boo.k 93 at
Page 161 (as to the East feet 0.1" Lot 0 at'ld the West 9 and
two-thirds f'e of Lo.t P).
9.
An easementfo party wall
Lot N a$ eviden ed in Deed
114 at Page 445.
'ttg the Westerly l1neof said
recorded August 22. 1~56 in BoOk
10. TeI'llls. cottd:1tions and restpict:1ons as contained in Covenants
recorded lIIa!"ch 2. 1'81 in 'Book llM at 'Page 939 as Reception
No. 231171.
11. Restrictions and easements as shown on plat recorded March 2,
1981 in Book 404 at Page 941 as Reception No. 231112.
12. Terms. conditions and l'estrlctlonsas disclosed by Notice of
Historie Des:1gnatlon recorded January 1:3. 1915 in Book 295 at
Page 515 as Reception No. 112512.
13. '1'ems, conditions. obligaticna and restr-ictions asset forth
inCYondominium J!)eel&ration fo!" Red Onion Gondominiums
recorded Hareh 2. lS81 in Book 4nlt at Page 941 asR'ecept.1o;a
No. 231112.
Exceptions numbered
are hereby omitted.
Page 4
STEWART TITLE
GUARANTY COMPANY
1654 . (25M 3-83)
.
,-,
CONTINUATION SHEET
SCHEDULE B-Section 2
Order Number;
12105
~
~,
Commitment Number;
14. Terms, conditions and obligations as set forth in Lease dated
August 14, 19B1, Short Form Lea,se and Opt:1on recorded August
17, 1981 in Book !l12 at Page 582 as Recept10n No. 234901.
15. Security interest under the Unifol'lll Commercial Code affecting
the subject property, notice of which Is given by Financing
Statement from Kaelin Enterprises, Ine. dha Stefan KaeUns and
KaelIn Corporation, Inc. dba Stel"an, Kaelitls, d,ebtors, to First
National Bank In 4spen, seeut"ed pal"ty, f'lled .TI11y 2, 1982 as
MUng No. 06959, :recol'ded July 2, 1982 in Book 428 at Page
812 as Reception No. 242441.
Page _
0055 150M 6$3)
S'I'EWART TITLE
CUARANTY COMPANY