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Home My WebLink AboutLand Use Case.719 E Hopkins Ave.0081.2009.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0081.2009.ASLU 2737-18-2-11-003 719 E HOPKINS AVE DREW ALEXANDER SUBDIVISION EXEMPTION INCLUDES CONDO CURTIS B. SANDERS, LLC 12/29/2009 CLOSED BY NICK THOMPSON on 12/29/2009 0081 2009 ASLU 719 E. HOPKINS AVE 2737182 11003 SUBDIVISION EXEMPTION 10*NUED 045 1 10 >Â© to f joi - Condominium Map of 719 East Hopkins Aventte Toeunhomâ‚¬ Condominiums *wl Lot E and Lot g Block 10% City of Aspen, State of Colorado, also as shown on Sub division Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 ed Page 76 .. The purpose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townho,ne Condo?ninilons (f07'lnerly Subdivision Plat of 719 East Hopkins Avenue,). 7/ . Certificate of Ownership and Dedication to Condominium Ownership Know d men by these presents that the undersigned, being soje owners, mortgagees, or lien holders of all that real property situated in the City of Aspen, Pitkin County, Colorado, said real property being more particularly described as follows: She el Index Surveyor's Certificate Lots E and F, Block 104, 0/so known as - 1, JEFFREY ALLEN TUTTLE, do hereby certify that I am a Registered Land Surveyor, Subdivision Plot of 719 East Hopkins Avenue licensed under the laws of the State of Colorado, that this Condominium Map of recorded October 31. 2006 in Plat Book 81 at Page 76 Sheet 1- Câ‚¬Ttificates aud Map Notes 719 East ;;cpkins Avenue Townhome Condominiums fully and accurately depicts the improvements, City of Aspen, County of Pitkin, State of Colorado. including the condominium units and the common ownership areas, and identifies location, Sheet 2- Site Plan and Survey Notes layout, dimension and boundaries; that such map was prepared subsequent to That said owner has caused the said real property to be laid out, condominiumized, and surveyed as substantial completion of the improvements; and that such map complies with and 719 East Hopkins Avenue Townhome Condominiums, a part of Pitkin County, Colorado. Sheet 3- Upper Level Floor Plan contains all of the information required by C.R.S.38-33.3-209 and all other statutes and regulations applicable to maps of condominium common interest subdivision, and that That said owner does hereby dedicate said real property together with all improvements, such map was prepared from an actual monumented land survey of the property corner Sheet 4- Entry Level Floor Plan monuments, both found and set, under my direct supervision and checking that it is appurtenances, and facilities hereto and now or hereafter thereon, to condominium ownership under the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, Et. Seq., as the correct to the best of my knowledge and belief and that all dimensions, both linear and angular same may be amended from time to time. and hereby imposes upon all the red property Sheet 5- Garowe 201, 202 Floor Plan were determined by an accurate control survey in the field which balanced and closed within o the terms, conditions, covenants, restrictions, easement reservations, uses, limitations, and limit of 1 in 10,000. Â· obligations described in the CCIOA Condominium Declaration for 719 East Hopkins Avenue Townhome Condominiums recorded in the real property records of Pitkin County, Colorado on Sheet 6- Garden Level Floor Plan This map does not represent o title search by Tuttle Surveying Services, Inc. to determine ownership or easements of record. All information shown hereon regarding ownership, 2009, as Reception No. (the Declaration), together with any other amendments or supplements thereto, which Sheet 7- Lower Level Floor Plan easements, and other encumbrances of record has been taken from the Dedcration shall be deemed to run with the reel property and shell be a Commitment for Title Insurance issued by Land Title Guarantee Company burden and c benefit to said owner, its successors, assigns, and any person acquiring or dated as Order No. owning an interest in the real property, their grantees, successors, heirs, personal Sheet 8- Basement Level Floor Plan in witness thereof, 1 have set my hand and seal this day of , 2009. representatives, executors, administrators, devisees, or assigns. Executed thiâ€¢ day of . 2009. Sheet 9- Elevation Views (North Elevation; West Elevation) By 719 East Hopkins Avenue, LLC (a Coloracp limited liablity company) Sheet 10- Elevation Vielus (South Elevation; East Elevation) Jeffrey Allen Tuttle, L.S.33638 By. John R. Louderback, Manager STATE OF COLORADO ) . COUNTY OF Pm<IN ass The foregoing dedication was acknowledged before me this day of , 2009 by John R. Louderback, Manager of , 719 East Hopkins Avenue, LLC. a Colorado limited Ucbmty company : City_Qf_Aspen Er]*ae[-1 Clertificate ,/"~ My Commission expires I. , Engineer for the City Witness my hand and seal of Aspen, Colorodo. do hereby approve this Condominium Map this doy of . 2009. Notary Public Rv City of Aspen Engineer Unit Area -Table (Square Feet) Community Dave/ooment Dkectork Certilicate < Unit 201 202 101 102 103 This Condominium Map was approved by the Community Development Director of the City of Aspen, Upper 1,527 1,527 - - - Colorodo, signed this day of , 2009. En try 1,189 1,189 - - - r Community Development Director Garage 468 466 --- UENHOLDER CONSENT Garden - - 429 878 457 .ZZtlLÂ¢Â¢Cti&Â¢t2- Community Banks of Colorado being the beneficiary of that certain Deed of Trust dated May 15, 2007 and recorded May 16, 2007 as Reception 537933, which Deed of Trust encumbers the real Lower 630 630 - - - 1, , the undersigned, c dulrouthorized representative J of Land Title Guarantee Company, do hereby certify that I have property shown hereon, hereby consents to and approves the filing of this Map and the Declaration in accordance with the covenants. reservations, easements, obligations and conditions Bsmnt. 1,208 1,229 --- examined the title to all lands herein dedicated and shown on this Condominium Map and appearing hereon and therein and agrees that said Deed of Trust shall be subordinate to this that title to such lands is in the dedicator free and clear of all liens, taxes. Map and the Dedcration. Total 5,022 5,043 429 878 457 and encumbrances, except as shown hereon. Executed this day of , 2009. Dated this day of , 2009. By. By STATE OF ) Title Examiner )SS COUNTY OF ) The foregoing Lienholder Consent was acknowledged before me this - day of 2009, by ~ Cli[k gni Re=[der's Certificate WITNESS my hand and official seal. My Commission expires: This Condominium Map is accepted for filing in the Office of the Clerk and Recorder of Pitkin County, Colorado, this day of Notary Public . 2009, Plat Book , on Page , and Reception no. Clerk ond Recorder Notice: Units 101,102, 103, 201, and 202 According to Colorado law, you must commence TUTTLE SURVEYING SERVICES Drawn by.Â· 1/2 any legal actâ‚¬on based upon any defed in 727 Blake Avenue this survey within three years qfter you Condominium Map of AS Arst d.cover such defect. In no event may Glenwood Springs, Colorado 81601 any Zegat actâ‚¬on based upon any defect m 719 East Hopkins Avenue Date: 11/18/2009 this suruey be commenced more than ten years (970) 928-9708 (FAX 947-9007) / OF Uj prom the date of the cerhficatton shown TUTTLE SURVEYING SERVICES 719 East Hopkins A'venue Townhome Condominiums Aspen, Colorado 81611 jeff@tss-us. com .... 39 ,G#f# jel> P tan iim Aci rNIN /12 /1 /74 /1 q #-7 ri m A T.-. 4-..-, .--, LLE 40 ed. istic cap L.S. #33638. gn a #5 rebar with a yellow iorthwest corner of Lot E and a #29030 found at the 5 merits and restrictions shown and/ or iunty Clerk and Recorder. modification of any structure in this the approval of the City of Aspen. 1 tions listed in the Title Commitment .~ community, while valid under Colorado law common areas shown hereon, does not tant to the City of Aspen Land Use Code. in were taken from the Subdivision Plat of Plat Book 81 at Page 76. Notice: According to Colorado low, you must Â¢ommgboe TUTTLE SURVEYING SERVICES Condo'rninium Map of Units 101, 102, 103, 201, and 202 any legat aceâ‚¬on based upon any defect M 727 Blake Avenue Drawn by: AS this survey wain three years after you A.st discover such defect In no event may Glenwood Springs, Colorado 81601 719 East Hopkins Avenue Date: 11/18/2009 any leycd action based upon any defect in 1. thls survey be commenced more than ten years (970) 928-9708 (FAX 947-9007) 719 East Hopkins Avenue Townho'rnâ‚¬ Condolniniurns prom the date of the cert(fication shown TUTTLE SURVEYING SERVICES jeff@tss-us. com Aspen, Colorado 81611 .... /,F.7.4*18// / ab . / d. 7 / f / 9 /~ ... I .. . 2 0 . . 2 ... . . . d 00 .: .. . .... . .. I - 8 -, - 1 0. ' ... I , ... I. . 0 I . .. -- J ' . I 0 . 0 0 . ... 1 6 P . . P 4 --- I . --- - .. , ''A' .. 1.- 1 I. ./ I I .. '' 4 .... 4 I. I . 1, 0 .-... 2 ./-. 1 0 . .. ..2 ... . -1-2 ..2 â€¢ 47 - .. 1 I , " . 11 , 0 0 ,,, . -2 193 ; - C .. 4 - I. ~ , , , , 0., . , 1 .- I - 0 Â£ . I A. ... , ' 'A " D - - . ... . .-I . 0. . I .. ... .. . . i I . . .. . - .. . 1, 1.Vill.7 i i. 0 . .. i 9%5.1 1, .. .......... Â· i ': 4 9 t 12 I . 1- I =. . I =Il . . I .4 uu n A .1 . 49, 1, ... . C = 070 09 . U . F I 1 .. Condominium Map of 719 East Hopkins Avenue Townhome Condominiu'rns Subdivision Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 at Page 76 Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on The puypose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townhome Condominiums (forme,rly Subdivision Plat of 719 East Hopkins Avenue). 15.40' C.H. 8.60' \P< 4 66.52' 1~ 40 !1 11 'i G i It li li i il 1 C.H. 16.70' (Ridge) - ~91 Load bearing structural elâ‚¬lnents nlay 4 - "" ~ ~ - . i ~ 6â‚¬ contained within individual units. Unit 201 4 Unit 201 # These elenents are not indicated on these 1440 111 11 - - - 358 S.F. (Deck) p 1,527 S.F. drawings a'nd should be verified by a qualified structural engineer prior to the re'mo'ual or (not including Deck) 2.90' atteration of any interior w alls. i ~ 16.70' , *'~ 1i/ peak \ 1 04 Stairwell U 11 !1 : 41 1 0 ~ ~~>~ ~j~ ~ Upper Levet Floor P tan 15.40' 63.62' 9 --- -- 1 ' 15.40' 1-:1 63.62' Il , ' 33 A '5 Be edi 1/ - i -u $ 1 1 11 1 \1 1 3 Stairwell 1 11 16.70' ~ peak Unit 202 1,527 S.F. 1, 2.90' - 1 1 (not including Deck) Unit 202 0 358 S. F. (Deck) W A Ill , \1 C.H. 16.70' (Ridge) 0 l 1 1 1 1 15.40' C.H. 8.60' 0 ' 66.52' r Drawn by: JT TUTTLE SURVEYING SERVICES Units 101, 102, 103, 201, and 202 ' 727 Blake Avenue Condominium Map of 3 - Glenwood Springs, Colorado 81601 T:\2007\logo,bmp 719 East Hopkins Avenue Date: 11/17/09 (970) 928-9708 (FAX 947-9007) Aspen, Colorado 81611 jo'v 10 719 East Hopkins Avenue Townhome Condominiums ~ jeff@tss-us. com .... tl_-C .EL <LZ*EL 15.92' Condominium Map of 719 East Hopkins Avenue Townhome Condominiums Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on 4% r Subdivision Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 Ott Page 76 The purpose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townhome Condominiums Oormerly Subdivision Plat of 719 East Hopkins Avenue). 0 5.70' to< 24.55' 4 041 91 46 1 111 1 1 1 1 06\14 . .1 ~~ Unit 201 2 : , 11 11 11 1 0 - Entrance , 1 23.42' %4 3.33' 0 ACE. Load bearing structural elentents nlay F.F. 7916.31 - i i /li 1': i be contained within individual units. [r i ... v These ele?nents are not indicated on these Unit 201 drawings and should be verified by a qualified 1 01 - structural engineer prior to the râ‚¬7710'U at 07' A+I -Ir 1,189 S.F. %. 9. 1. ' A Â¢ 11 0 eq alteration of any interior walls. (entire Floor 2.90' - 1 i.11 not including garage) V 1 111 L - -i N LI Stairwell 1 Stairwell 58.69' - Entry L â‚¬12 FIFlo or P ta/rt 1 Stairwell - A 33 919 - St 0112, 1/ A -1 Â£/L Stairwell '1 EN 1 1 0 4 D- Unit 202 i# 1 ii t. 1,189 S.F. 1#r 1 * 2.90' ji 1 (entire Floor Â· c not including garage) k- T 10.06' -i.; _-1 3.33' F. F. 7916.31 L. C. E. 1,11 23.42' Entrance i . ~ 11 11 11 91 i' O Unit 202 . Â·Â·. 1 1 . 66 6 4 46 1 1 L 1 1 1 5. 71 ' * ~>~ 24.56' --1 1 B r TUTTLE SURVEYING SERVICES Units 101, 102, 103, 201, and 202 ' 727 Blake Avenue Condominium Map of Drawn by: J T Glenwood Springs, Colorado 81601 T:\2007\logo,bmp 719 East Hopkins Avenue Date: 11/17/09 (970) 928-9708 (FAX 947-9007) /o'v 10 719 East Hopkins Avenue Townhome Condontiniunts Aspen, Colorado 81611 - ~jeff@tss-us. corn ~ ~ . .. - ,691 1 :69 LL 5.08' 3 99'g 10.38' Condominium Map of 719 East Hopkins Avenue Toumhome Condominiums Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on %1 \r> Subdivision Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 at Page 76 The puypose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townhome Condomâ‚¬niums (formerly Subdivision Plat of 719 East Hopkins Avenue). 114 62/ , 91 k d 1 1 1 7.85' 4 01 -40. 00 05 3.33' Garage Unit 201 Load bearing structural elentents ?nay 468 S. F. Pl be contained within individual units. 4 (garage) NJ 0 J These elements are not indicated on these (0 drawings and should be verified by a qualified F. F. 7919.83 structural engineer prior to the rerloval or , alteration of any interior walls. 20.73' Garage 201, 202 20.73' an ik" = 4 ' A " 1 -U Garage Unit 202 468 S.F. (garage) i F. F. 7919.83 3.33, 9 17.85' 1 1 100 ~4 6.21' ' - TUTTLE SURVEYING SERVICES - Units 101, 102, 103, 201, and 202 Drawn by: JT 727 Blake Avenue 719 East Hopkins Avenue Date: 11/17/09 Condominium Map of 5 Glenwood Springs, Colorado 81601 T:\2007\logo,bmp (970) 928-9708 (FAX 947-9007) 719 East Hopkins Avenue Townholne Condominiums Aspen, ColoTado 81611 /of 10 ~ jeff@tss-us. com .... Buluado af)[unf , Buluedo @50105 **'13 - - ,69 Z 1 1 i . i. A Condominium Map of 719 East Hopkins A'venue Townhome Condominiums 41 \fo Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on Subdivision Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 at Page 76 The pu7'pose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townhome Condominiums (formerly Subdivision Plat of 719 East Hopkins Avenue). 29.88' Aj~ F 0. 4.04' 1 1 C.H. i,IL: il ' i ' 1 !! El 8.30' Load bearing structural elelnents 7nay 11.92' : 4.26' 4 :i il 411 be contained within individual units. 1!Iii i ~-4 ~~'~ These elelnents are not indicated on these F.F. 6 0 4 ~ drawings and should be verified by a qualified li \4 1 1 AJ 41 1 , .T Structural engineer prior to the removal or 7903.58 i \ alteration of any interior walls. 5.17' 3.44' CAI 5.17' Unit 102 1 6.18' 878 S.F. G.CE A 9.1 Courden Level F an Cmech. ch 5.32' room) ~ 8.18' 01 4 L_-1 1 a - Scale \/4 --U 6. CE N 1\] Unit 103 r . 1\) 457 S.F. ' 7.30' 4 15.22' - CH 0.) ----- - --- 8.4 0 ---- _ _ _- C.H. 0 19.63' 8.30' 9 G.C.E. (rnech. 90 room ) C.H. Ok O 8.30' 'J r - 0 k t En 2 Un it 101 i: 11:EE 11.76' 1 0 429 S.F. 0.2 " il > 4.38' Ecil 1 ; 011 - - 22.79' 011 . 1 i r TUTTLE SURVEYING SERVICES Units 101, 102, 103, 201, and 202 Condominium Map of 6 727 Blake Avenue Drawn by: JT - Glenwood Springs, Colorado 81601 T:\2007\logo,bmp 719 East Hopkins Avenue Date: 11/17/09 5====- (970) 928-9708 (FAX 947-9007) /E 1% 719 East Hopkins Avenue Townhorrie Condominiums Aspen, Colorado 81611 ~ jeff@tss-us. com .... '28.9 12Â£.99 10.07' 3.83 Condominium Map of 719 East Hopkins Avenue Townhome Condominiums FA 6 Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on %1 \r> Subdivision Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 ott Page 76 The purpose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townhome Condominiums (formerly Subdivision Plat of 719 East Hopkins Avenue). 009 (91 1 L 9 9 1*% 11.94 4 7.17' 4 6 9.52' \4 1 004 e 11 4 0 f-2- 0 9 7---- 0.28' Load bearing structural elen~ents 171ay 11 1 be contained within individual units. h Unit 201 Stairwell These ele?nents are not indicated on these 630 S.F. b i drawings and should be verified by a qualified F.F. 7909.28 n sfructural engineer prior to the relnoval or alteration of any interior walls. I - 41 Fl ! !; 1' L... h.4 Lower Levet Floor Plan 28.91' A '5 28.91' S c ale 1/4=, -u i! 1 - -...1111:- li li >4 ~ 01 . 4 F.F. 7909.28___ _bi; Unit 202 630 S. F. 1 stairwell -- 0.28' r 1 Ad 9.52' -qu 54 1-: 0 17, ~ , G -th, | 10 1%~ e Â£9 1 4 11.94' ,%J ,%7 i' 94' 1 1 E- ... r TUTTLE SURVEYING SERVICES Drawn by: J T ~ Units 101,102, 103, 201, and 202 727 Blake Avenue Condon'linfurn Map of Glenwood Springs, Colorado 81601 T:\2007\logo,bmp 719 East Hopkins Avenue Date: 11/17/09 (970) 928-9708 (FAX 947-9007) /4 10 719 East Hopkins Avenue Tolunholne Condonliniu?ns Aspen, Colorado 81611 ~ jeff@tss-us. com .... SL.OZ T,EL'OZ Condominium Map of 7 719 1Fast -,9rEt;27/f' 2)26' Ave72 2,te -~ 07261(6777'Zinitty/06' Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on Subdivision Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 at Page 76 The plÂ«Pose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 Eotat Hopkins Avenue Townhome Condominiums Oormerly Subdivision Plat of 719 East Hopkins Avenue). G , 4 L_- 1 >1 9409 - 7.75' d 29.50' Ubl | | l ; 1 .# h 4.46' 00 N N 11 11 4;1 :1 1 r Load bearing structural elâ‚¬?nents ?nay 11 I ~ - .~. ##. # be contained within individual units. 18.58' These e le'ments oure not indicated on these C. H. 9.95' 4 drawings and should be verified by a qualified 41 strue turod engineer prior to the Tâ‚¬17101) Cd or 1 ' 1 11 1 alteration of any interior walls. It , , 1 1 1 11! - Unit 201 ~ Â° ~1 3.44' 1,208 S. E 'it 11 (1 111 -- i 1 5.13' CH. 9.60' J Â£ C. H. 9.90' LN KN C.H. 9.70' 4 Sta/>1*ell 0 18.46' . G.C.E. - Basâ‚¬Tnent Level 8.37' 7 , \ ~ 24.90' . 4 1 0- 8.37' 2 ' 48.48' F to or P tafrt Stairwell vi' 1 11 il 2 CH. 9.70' XI ~ * S C Ottâ‚¬ 1/4 C.H.9.90' 11 NO --- -V .4 . CH 9.60' iii 1 11 141 i 11 Un it 202 4 3.44 1 1,229 S.F. ii {% I~ i F.I. ? -3 - C. H. 9.95' 18.53' -, Off--.-, to< 40 0 0 1; 2 1 .1 00 1 11 -.4 4.46' 11 :1 0 ~ 1 1 7.75' - 2 29.50' 9 4 1 107 - 46 1 ler ai:.. r TUTTLE SURVEYING SERVICES Units 101, 102, 103, 201, and 202 727 Blake Avenue Condominium Map of Drawn by: J T aT 719 East Hopkins Avenue Glenwood Springs, Colorado 81601 T:\2007\logo,bmp Date:11/17/09 (970) 928-9708 (FAX 947-9007) j< _10 719 East Hopkins Avenue Townhome Condorniniunts Aspen, ColoTado 81611 *~~-ua com. . . . ,*6 ZE ,*6'ZE 13.33 Condominium Map of %1%43 719 East Hopkins Avenue Toumhomâ‚¬ Condominiums Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on Subdivision Plat of 719 East Hopkins Avenue, recorded in Plolt Book 81 at Page 76 The purpose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townhome Condominiums (formerly Subdivision Plat of 719 East Hopkina Avenue). 7953.74 - 7953.74 - n 141141/IFIVI 0 = --. 7934.50 - 7934.50 i -11 i 1 7924.00 - 7924.00 - - - - ELECTIIâ€¢CAL METER6 9 1 li-1 1 "-1 - - 79/4.04 - ---- --~--- --- 7914.04 - ------- --- I Eld<<001 1 C 'In' 3 213 1 Dull 1291 I j 1 -2Â«14 1 U- 7901.13 -- -Â«-=-=-=-- trÂ»21=42= - 7901. 13 - c~2~ _-------- - ~~ North E tev ation Ke st E tev ation TUTTLE SURVEYING SERVICES - Drawn by: JT - Condominium Map of Units 101,102, 103, 201, and 202 727 Blake Avenue Glenwood Springs, Colorado 81601 ~ T:\2007\logo,bmp 719 East Hopkins Avenue Date: 11/17/09 (970) 928-9708 (FAX 947-9007) OF 1 0 ,-2 719 East Hopkins Avenue Townholnâ‚¬ Condominiums Aspen, Colorcido 81611 0 0 0 0 Condominium Map of 719 East Hopkins Avenue Townhome Condominiums %1* Lot E and Lot F, Block 104, City of Aspen, State of Colorado, also as shown on Subdivision Plat of 719 East Hopkins Avenue, recorded in Plat Book 81 at Page 76 The purpose of this map is to show the condominiumized ownership of Units 101, 102, 103, 201 and 202 719 East Hopkins Avenue Townhome Condonziniunza (formerly Subdivision Plat of 719 East Hopkins Avenue). 7954.11 7953.74 -- 1 0 - 7953.50 7934.50 - - 7934.50 --- - 7924.00 11 - 7919.50 - - 19.50 0.00 4_31 --- ------- -- 79/4.04 R 11 11 1 lilli 11[23 1 931 I 7906.96 - ..........ill ----------------------- 7906.96 - J- _ _ ~I- It_ L- - ~ 21- 122 ~01-222172721Â»22 ~L\2 ~ nt - 7901.13 S outh E te v ation E ast E te v Â«tion TUTTLE SURVEYING SERVICES - Units 101, 102, 103, 201, and 202 - CondonWnium Map of 10 Drawn by: JT 727 Blake Avenue 719 East Hopkins Avenue Date:11/17/09 Glenwood Springs, Colorado 81601 1_t3-3219Â°,b'3_-1 (970) 928-9708 (FAX 947-9007) OF 10 719 East Hopkins Avenue Townhorne Condonliniurns Aspen, Colorado 81611 0 0 0 0 Drew Alexander From: Kathy Strickland Sent: Friday, December 18, 2009 4:12 PM To: Drew Alexander Subject: 719 E. Hopkins 719 E. Hopkinstownhome condominiums plat book 92 page 83 565451 Kathleen Strickland City of Aspen Chief Deputy City Clerk, CMC 130 S. Galena Aspen, Colo. 81611 970-429-2687 1 2 73 7 - w - 2-l\-003 035-1 Â· 'Al_U |~PkrJJJ~~~ ..........1,~ %,2.1 ..11 , Elle Edit Record Navigate FQrm Reporm Format Iab Help i @ 2 0< I ./ 4 141 ,i Q.1 , El <25 d -~11 14 1 0 w O 21 Ok lump 1 C 7**i OlÂ®~~ iÂ£1â‚¬1 /O U &1 J â€¢*i' 93 /(90 JL d i g -~Main~ Maluation I Custom Fields | actions | Fee: 1Parcels | Fee Summarx | Sub Bermits | Attachments ~ Routing Status | Routing *E) ~ Permit Type |aslu -3Aspen Land Use Permit # |0081.2009.ASLU Address |719 E HOPKINS AVE _| Apt/Suite | City |ASPEN State |CO -~ Zip |81611 -] Permit Information * Master Permit | _| Routing Queue ~astu07 Applied FYIG/2069---~ ... 1 1 Project | Status ~pending Approved 1 23 Issued | ~1 f Description SUBDIVISION EXEMPTION INCLUDES CONDO 1 Final 1 11 m . Submitted |CURTIS B. SANDERS, LLC Clock |Running Days E -i Expires |11/14/2010 _| .~ Last Name |EODORE E & KATHERINE S _| First Name | |719 E HOPKINS AVE ASPEN CO 81611 Phone ~ J E- Owner Is Applicant? Mt + i Applicant ~, ~ Last Name |719 EAST HOPKINS AVENUE L~ First Name |JOHN LOUDERBACK ASPEN CO 81612 Phone ~626) 705-4138 Cust # ~26619 -~ ~ PO BOX 11600 ~ Lender 4 Last Name | Â£.~ First Name | Phone ~ r |'Permit lenders full address 1 AspenGold(bl ~1 - Record: 1 ol % * 11 32 & -4/U- A 139' A Ck Â¢Â«Up K 26<70 1 494 AA / 1-~ : il'LA 109 I woqfdoll[;- 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 13.2009 Dear City of Aspen I and Use Review Applicant. We have received your land use application and reviewed it ior completeness. The case number and name assigned to this properly is 0078.2009.ASLU -Lot 1 MeGarvey Subdivision.The planner assigned to this case is Drew Alexander. O Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. T~ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 3439-2 --- Drew Alexander, Planner TeZhnician City of Aspen. Community Development 1)epartment C.\Documents and Settings\drewa\Local Settings\Temporary Internet Files\Content.Oullook\2GVZ08WD\Completeness Letter Land Use.doc 6 2 j P -lu '-ld Als' â€¢ 0. 1 *-Â£=00,-v ......O Subdivision Plat of 719 East Hopkins Avenue A Parcel of Land situated in Lot E and Lot F, Block 104 East Hopki,bs Ave,cue 4 :Art-~~~4-0-Va,Ab'*.g "902 2,9 City ouacl Townsite Of Aspen County of Pitkin, State of Colorado CERIFICA.. 0-4//9- -r .... -d lili : 1(NOW ,LL MEN aÂ¥ 7,1Â¤E PRESENTS lHAT OIN LOUDERBACK AN[} ;nooÂ· .CQUaiNE . lout,ENDAOÂ¢ .,â€¢G 1}E e.. OF CE'TAIN LANDS IN nâ‚¬ N750911"W arr AND KowNSITE OF 'SPE. Mneâ€ž Cou,rr, cao,9*00, 0,9,matD AS LOT E A,0 Lor F. .OCK 10~ Cirr AND **. OF ASPER COLORAD,1 .F I *'*ir----~~~44233 - 1=;$,1 ,2.=--$:=*d:43*4 *Il'. .â„¢,4 COUNry. CCLORADO DO HENEBY PLAT 1}05 MEAL PROPERTY UMJER ~aun<d .Â¢ 04. .outh-t.,4 cor-- beta o~ th, ,ubÂ»cÂ¢ p-,1 nâ‚¬ NAME 'NE} SnLE OF nIE ne EAST "091'0 A~â‚¬MUE Suall':9* CTY _ u-, 0 ..... 41â‚¬50'49Â¥ .t'll I. 1- ....n'll OF ASPE'i ///4 COUNry. CUORA)(1 01-- '0.0 -- \3=.26 0 - thie prop,/ty * mbj,et te th, n,imints or,/ -t/lion, *on end/ w .0 ./LL all, 4..Aet.â€¢ OF 201* not. H. -4, of U- Pitkin County aer d .-rd- 6.- -_ ,aceÂ· 7 - 770 th, ati# M - -/07 Ar 64, pavo,~ d~too'%,d ae~â€¢om oâ€¢,d /=d,c,p#,0 bi/,0,- l 44 -'\ .u,~4 + j... 6 /10 - *Ilti# h,r~en 9 locald off W #w /ze,/ty -d â€¢1Â¢h~ th* od,xmt C~ty 0/ IA Lw/~le~ 7 _ *,0-,r-/ ./. bl t../,/1 of I r~ght of *cy f Il ---0-Â»,4 .00 ' _ A. /4/40/ by//Â»10 BbeNA, a,plt/ hime'l /' Ir 'h'b,motl./ /4//0.8. /// m, /0/. '1*MV{luu. rL (arit<kct, f not con,#tut, 9 *ti B~c#k d,/pm- *prod. Thi f- locit,09 of thâ€¢ prop-d J./*,Im#. ./.'-Ill i bultd#ng footpe,1 Fe ,ubj-Â¢Â¢ 0,1,~0 te the en-AlÂ©â€ža( * fn-fâ€¢ of th* mi~d-u- 1 Proposed Building \ -1 zon. oistric. fooO int \. 1 - 'h' pu,po- of U,4 Wat ite m-nor-, th, u lan STATE OF CAUFORIA / F i COUNTY OF LOS ....ES . 2006, te =-tn,ct e I- (50 W. mull-forn'y r,Wdlnt. 6 ....'F ./-wont to - de'hition e. Subl'lion . ./ Ity r. Or rog. U. 11)0% 6 "1. t.4.HAU i NMAn' R.,tw l- U- Co,1/ I d~v,kmm,nt of mult/Â«rtÂ·,4 r~,ki,ntal unitâ€¢ 01.. *-rt n-!I <-1 ... If I. ardk-) (Lot Dj *h, -,bdihi-3 -rd *pre# ..../........ ~ba.1~~hgsL.k*&gKLz31.-:~g~ki,.Al~~~~._ 1 ...d' ---/ ... * m. Cor 0,0-110 m. -1, 1-irir..niliair, 1 4 - Pil~,Al-1 te the -d / th~ Cny of Alp-1, th~ Subdh4W~ mot d,pket, ~np~,m-t, whkA or, fecot,â‚¬f ou~We of th* / p"/"tyÂ» beun-1-. on' Â¥,hich APH-,"nt' 0/1 not /"t of ESSEE,mirs*TOJESEE,r F_- ~ . 2006. Such Imp~-n# or, .N~ h,r-f, Ar Â»~1~matk-1 A- 11. 94.-A Pulp....... ./ -h *Â¥~t>-Â¥-t~ ....t -1Â©t. I. I.t 1 11 of on, ..... ..Im,nt ~,prohol ./ct . th. â€¢â„¢EIS m, I. ./*..ed Ce,t. â€¢14~0,11 IMP-rt' r. ij. L~-1 4 S,whv' j ..r - MM-WÂ« 51.1,~S .... ./. ...... ............ ... n. HOLDEN OF A (/.0 J / 4 4 l..... F , R ~ 0,ED OF 11~,SF ~ECOM]ED AUGUST 28, 2005 AS RECO'â„¢CN NO. 5,Â«1,1. :% rzor 67 Pfâ„¢f,4 COUNT. COLORADO N, TNE Iâ‚¬NEIN DESCRIBED PROPEITÂ¥ DOES ~ j HEREBY CONSE"' TO AND A-/0,/ OF n........ OF Â»11/ Suall.2/N .11Â£ CEMT.7,4. 2 ~ PLAT AND nâ‚¬ MATIERS .....4 HEREIN AND HENEal SuaORD,fAIa SAC 0//OF ./.r 70 Â»/ I............ â„¢E UNDE=* A # ullemZED RE-ESENrA,1. OF InE Cal,PAN' a ' a.Â¢,ED NS _LL Â£M, J ~f *12~ 1.~ OF .Xn 36*..9. li.***A~:1:&.%*te-4/Â·s 1 : E. FUR *E VEN OF â‚¬ WOR?~m H,WED HENE* ALâ„¢OUGH . Sanâ‚¬ IHE FAC,S S}14.. int,5 I,Smu,ENT A,E m< â„¢IS ..RFICAYE ' I NOT TO I CONSâ„¢UED ; AN ABSTRACT OF nnE NOR AN OPINION OF | 1 ~ I lili N=mul..... 4.4 AND ..UNDERS...AND AGREED ..F U-- "Â£ COMPANY OF nâ‚¬ R~.KIEI .,Â«1 1â‚¬â„¢ER AS"NES El li I CHARÂ«D ~11#1 ANy F~VANCLAL Cal/GA, W . U-ury WIATSOE,ER ON ANY STATDIon 1001 - CONT-"D P.IN STATE OF OF 200* , ...1 -En- 04/ ..2.3 \41/f 0 "7589'7/Y W - ./52#2-rls:MUL 17'â€¢ Vâ€¢-N hâ€¢tu~,nâ€¢,t â€¢00 -*-0 /1/, m* th- 16_ de.r of 2. d_. 200' Vicinity Map 1"= 1 00' Alley 56? CDÂ· .00' i ago' : 6/ 4/0.-I... 0, . ** .....da #*/ -/#O,~ ii.Â· Â·4~g.- 9,4.44 - N' --"Â·~1 T, f x i .....Ind ..... - 9 idillik"i , s... 014,"W ) 1 My i-~i.1- =4. 05/ R / 3010 -el-~ .% cou.. 2Â£*an__ 3 - - -1 arY DIGNEDPS AFF.Vil 1 7,05 ..... ....... .0 ................. ........ /Â»-1 4-1-ret ~- W. APPROVED " TE 'TY DIGINEER OF â„¢E 'TY OF ASIEN. NS ..19_.DAY / OF __2~0~~._.._._ 200/ 5 .54' BM,$ ~p*'r..7 2 Â£ 4~~fÂ¥" nt, CD'r'V . 6%~ ~00~~ kyl 6 m a... I.'/01@I,L -~- m, P-,d and omc,w * e/U-'qL-.N- rh ''\ At ,1 1 ii -' /le . 2 ' 0 M 7,0 EAST HOP..'lA'ENUE ./OWS., H.. A,Â°RO.0 - 9,1Â£ lTv COUNaL OF .1 - n, orr or As,Â¥7, I. 07Â£-a~'CE 44 20 F.5 . 22,)i A.90.7=7 av .0'â‚¬ U .1000 *Â£) . : Llc ~ 11 I RECORDED CN .Uy 12, 2008 AS RECEPTION Na 5222.'. PIr- COUNTY. COLOA,na ?MS SU00,ISION MAT , Bâ‚¬ 7,9 Â£4ST *7NS Aâ‚¬N 5 SUND,W,ON -S REWEMED AND AFIRCE F â„¢E grÂ¢ COUNCI OF TI*50-1. ....n ............7019/ROm. Orf . A.9,24+ 09 OF =-1~ 0,J 20, 1.006 --'07:f...:&':9<2'....'049.-r:id'fi 554**8* ArrnT: pE arf OF APEN 0,04) tel d!Â«14 . 4 51,520 .3'Mdr-'..: #Wr- 200. ~Â£kl--01/7/97- Ii- bff 44104 '1 -P+Â·4f-jhk A 0,04â€¢'\16'Â¥ 7, 6 h. /1 ce 0- 2 11, :!r- Â® 1111 530482 I P.p 1 ., | I./3,/2./ .. 9Â·Â·r.2Â¥* .0 471243 \,i - Ske,~>O,5 CE),nACA. =RK ..........T,NCE 4 .EFF,1/7 AUEN 1UTIL A NEGISTENED LANO SU,fÂ¥'[M. HERED' CER'Fr â„¢AT IN AUGUS', m. A SUR~Y OF I. HE.. DESC-ED PROPER'r WAS Pâ‚¬NFORk{ED UFâ‚¬ER THIS Wegh,NON PLAT OF ,â‚¬ 719 EAST HOPK,6 A~NUE 1,00,= . ACCEPTED FOR PLAT ACCURA*jK,N~1â€¢S,ANIALLÂ¥ DEPICTS S,ID SURITY. â„¢f ER./ , CLOSURE ~~~~~T 2001( N~ _22.L_ p, _,~ ~ WY SUPE-SION *ID ..# ACCOBDANCE Â¥01â„¢ COLORAOO RE~ID SEA;UTES FUâ€¢77 . Tâ‚¬ GUICE Of ./ CLERK AND NE... OF ...... I ... SEAYE of. !97* /nE 34 AR/GLE St AS /*O*D ,â€ž01 nlâ‚¬ 70 7,Â£ A/,0 1HAr 11,5 Sueen,EON 5 LESS 1MAN M!10Â©G. 'â€žFOADED ..50,EN. RID,7.-OF-NtÂ¥ AND r:Â£2, 1 (411, . 41't:0 -1(~f.jft# I 11.01:6.0~'.'.11''.~14+~ . ..i.~r~ .&/.' t,V Â·) -9.~OMP-*1Â¥ OF nâ‚¬ ROCIOE~ INC AS ORDEN Na 070~634- Ca m.ty o.* 8 8.bar- de- ' GRAPHIC SCALE REETMICT,011,~Â£ .ISE.5ET ,ORâ„¢ IN 5[enON 2 OF SCHEDULÂ£ 8 eF â„¢E nluE d ' . 4NK DATE 1-h-Â» a *~~2*zpo~:y., 2 TEti,3~3~EYING SERVICES 92Â® 4 â€¢,wood Swings, Colorado 81 601 ..1 Subdivision Plat of 719 East Hopkins Avenue 719 Must Hopkins Avenut a 1/ D '9 928-9708 (FAX 947-9007) Aspen, Colorudo 81611 TUTTLE SURVEYING $â‚¬RWCES : I je'fots'-us, com 6 %) P Ju Â»119:&,N & 0 1.17 / PFâ€¢Â¥-- 4-*.he .....,0 Subdivision Plat of 719 East Hopkins Avenue East Hopkins Avenue 04 G '1 +17/ -%-1 6.---'------Â¥ ....- City and Townsz-te of Aspen A Parcel of Land situated in Lot E and Lot F, Block 104 :> 4,1 / -- ~~e---- 1 14 - . .--r-ZE:1ffiL...f/w& County of Pakin, State of Colorado COT.M. Of /*eg- L- -4 Net- KNOW ALL 1.04 ~r â„¢E2 FÂ«EUN. nur Jo,IN LOUDEROACK * - O ........ *I--1 - .-.. JAC~*CL~E 11 .OUOERBACK BE,Â«; n,[ 0-ENS OF Cle,TAN uvIDS I 71â‚¬ N75139'11~W em. f--7--9133-46.411* - 8-*~.. .. ba-d - I r,6, ./. ./ L 1 /2/330 .coÂ· m:&=1:4~1Â»=U==S===4 lair A-rld ot Â»- northe-tvt, com- -d o r-, -14 uip (m,11*1~) ... COUNFY. COLORADO DO HEME,Â¥ PUT THS REAL PROP{1977 Lacil ~,ind et thi * a,t-4 com- both of th, ,ub.1-1 p*Â©al Â»â‚¬ NA, AND Sn'LE OF w M EAST MOP.AS Aâ‚¬Mli, suecne", cry .. uâ€¢h~ â€¢ Aâ€¢-0 ~ A'/430'â€¢0T b,~-- 6'10 t~o ~,0*,~ m*,um-U OF ASPâ‚¬,4 Iâ„¢Â», COUNFf. CEI~AO,1 '-2Â·Â·Â·21~LZZ.j~-h~Z! '1'â€¢ - Fh' pfop-ty / ./*t to thi -~mInt. Ind r./.ct... 'holl ./d/ g DAe ~S _.iL- DAY . (,c A e &- 4 OF 20* ' .... I th, r,0-d* 0...... Counil ......KI'l. i 1 Pw.o' 2 -- - ~ * ~ -- - A, N- **of f,4, 0,~D, Ab, 64, p,p,-d Â£bioch, ae,-a'* ond *â‚¬,4 bu/~- 1 ~lâ€ž.4.LAâ€ž, A -. ,-,0 - dâ€¢pic// h--â€¢ I klet-d off o# t. prup-4 -d ... thi od,c-t City of *dâ€¢, L-/..W ,/Inlt Â¥Ath th, ty / A*w' Alpen right of 7 g" -'Â©h knpro-r-t' -c,11 " the d, of o right o~ 4 ' /00' - rh. propo-d bultiM, Mootpr*lt *plt,d h,r-1 I Nr /~motk,rul p,~po.*. ow,4 end *0. 4&*tri Ill, larbrrbark 5 nod /mitftiti o ili ,p,ctlk d,v/*m-t *0,09/ Fhe */ jocitton of 14* prop/i/ . 1 1"Wht 4 leÂ»ct 01 to th~ dknin,lon/ r.gwhm-ti of thi milid-u- 1 Proposed, Building , '21#.....t ~ Footpnnt i ~. i - I. purpo- . thi pÂ¢of I . maÂ·no,1,4- U. -.-*. s.rE , C#,uf,NA 1. 43 CCUNTÂ¢ Of L. A"/'A \ 9, 20% M "nitruct 0 11- {5) Inlt muRI-1",1, r~~d-,IM I bul'.4, A--on, to U- de,Wtor of ..dMI/on In V- C., . O(,r#Fit. 8, Zvlt .~..w. m- Al ", H, 1,#1.,M , Ni),An-, A,-r. ./.d U./ C,x~, . ....wm/nt . 'll'-farn'. r~1-tll uf,- 0,- I- /In. <â€¢I m#. a' 64. 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TO ......S ........I â„¢E UNDel*NEIX A OUÂ¥ .â„¢0.2. REFRiSENTAn. OF 11,LE cowp,Ny 1 .1 1 1. 1 OF â„¢E MOCKE. INC HER. *y Cra.. NUT nâ‚¬ ~AS,KS) LISIED AS 1 1 1 0.,11/ 1//5 -UL._ 04Â¥ 0/ Or &/oc/ OF *. 011"/** . Â»a ./7/1. I..JLD.*~ ./ ."LE In;E ...... ESTATt 0/,/AIBED HEREW 9EE Wb CLEAR OF AU UENS ANO DCÂ»leRANCC .Cm/ EXCEPT ........ â‚¬ ......IED HER./ ALâ„¢OUGH 'E EN nâ‚¬ FACIS SrUL W M Ns'Re,ENT A.RE /'4 â„¢ts cal,/10/ 21 1 flrlyvÂ» ASSOaA~ON J ./0, 70 8/ COYSm,JED ; AN ABSâ„¢ACT OF n,LE NOR AN OPINiON OF A I - nnE CO,PANY OF nâ‚¬ Râ‚¬Xâ€¢â‚¬S, ,+. NE?THER AS5UWES NOR WLL . CHARGa gmfiA MU Hm CUARAWIE / ME AND 'T / tWDENSTOO' AND A//// THAT l' Â¢ ne. 8 % MANCAL Ca"' /4 N U,1,8Un 111,ABGB M ANT 5747'Id/, CONLUNED HU... SFA' OF Â£~-42 .Hs _>12~2- aer ~Â· 322 444 Â» -3 A " ~ m'â‚¬4151' 7994 ' , COUNTY OF +Vis. 1 er '>t-\ 1.01 9-h j N Rrâ€¢go#N: hâ€¢,9,1,-1 â€¢- -neâ€¢,0/god /2/â€ž m, 64~ U *4 of ~ Â·~'_. 2000 Vicinity Map 1"-6 00' A ttey 64*Â· .00Â· 100' 4 8 1 61 _AU..:.-.Ad 0 w.f-7 â€¢f -eâ€¢ 0-4 Ce'-~G0* Ato*.Iâ€ž0-'An 9,4/JJ u.'W 1 1 .tâ€¢- Iny h-,6 -d 01-1,1 * 4.73" 1 + ./501%.Fi#*2 :.rt- - 4044 , wy e.â€¢,n,~.- .4.- 05/Â·2â‚¬1 9â€¢10 . 1 5./ OF 94./..0 ) arY Â£7*NEEN' AP/ROWL - iNIS SUSDAISKÂ», PLAr Or nâ‚¬ 7,9 CAST HOP*INS A# . 11WS,04 m,S -FWâ‚¬D AND cou.. 14160 ) - *OF _Â£~baE-__-__ .04 U- jer,mh, h,6,-011# Â»Â·- ,~90â€¢~--d I *1 0- 1*#Â· *. cm....I -C-, W & Rgot,~ * O/ D, ~'1 0,U..1 Orr COUNCE ./.OVAL Â»tn... m, h-d and ImeW * A# *4-t- /7.~': 1 ;1 li '... ~ ./,Â·Â· '.._.' 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I.-ED PROFâ‚¬RTY WAS PERF~1,110 UNDEN AUNG I IHE ./.I {F /~E CLENK I. =DUR OF /*5 COUNTY I ........ My SUPER. 10,4 *ID D,e.f, N ACCORDANCE m =ORADO Ar.,13ZO STA.TES mi Bllf 34 AM,laâ‚¬.5*. AS AWENQI AMOM 1!WE 10 MAE. ANO n. r Ns SUBC,ws,ON OF n/7/Ree .,. 2006 /PLAT /00/11/ .._.lL- p - Nâ€¢/ _-Ill.- 1411 9,4 PLAT Aâ‚¬n*WIXÂ¥,1'AB,7WINImy DEPIC,S SA,D Subry. IHE EMOR OF CLOSURE AND *e-m -lahal.6__ A--11 ,Vit<41 ,- g GRAPHIC SCALE 244*10455= :-ize, ----:: *NILE CGNMIDENT ISÂ»*D 'Y 1,1Uttf-ANY . nE '00,"* â€¢IC As CRDEN * 0,0,83.-cl 41Â£4:1 3442 22 , : o i '~ ,..Â·f .~/ : 2,14 'Â£:.iU;* .Fr 1..... I 2 'TTLE SURVEYING SERVICES -ee AmippirE" i t.=tz; 00/0-0/60, 11-t,:r,~27=21:,-- B }) 928-9708 (FAX 941-9007) Subdivision Plat of 719 East Hopkins Avenue 22%2021,3frue z:~ %4 , TUTTLE SURVEVING SERVICES 1 / of 1 ' jm'/0Â¢'I-us.corn , 1 SUBDIVISION AGREEMENT FOR THE 719 EAST HOPKINS AVENUE SUBDIVISION THIS SUBDIVISION AGREEMENT is made and entered into this 3 / day of October 2006, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as the "City") and 719 EAST HOPKINS AVENUE, LLC, a Colorado limited liability company (hereinafter referred to sometimes as the'Applicant" and sometimes as 719 East Hopkins AvenueD. WITNESSETH: WHEREAS, with the consent and approval of John Louderback and Jacqueline M. Louderback, as the owners of Lot E and Lot F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado (the "Property"), 719 East Hopkins Avenue submitted to the City a request for Subdivision approval of a multi-family building consisting of two free-market residential units and three deed-restricted affordable housing units, situated within the City of Aspen, Colorado (collectively, the "Application"), which Application requested the approval, execution and recordation of a Final Subdivision Plat of the Property (the "Final Plat'); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 20 (Series of 2006) and the impact of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, safety, and general welfare of its citizens; and WHEREAS, 719 East Hopkins Avenue is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the Final Plat and WHEREAS, under the authority of Sections 26.480.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that the required public facilities are installed, and 719 East Hopkins Avenue is prepared to provide such guarantees as hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, the City and 719 East Hopkins Avenue have executed and recorded the Final Plat in Plat Book Y I at Page 74 , Reception No. 284 92 in the office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Subdivision Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: RECEIVED 111*1111 -11 lilli 1111111111111111111111111111111 lili 10/31/2006 03:57; ASPEN 530483 OCT 2 4 2008 Page: 1 of 11 JAN:CE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 BUILDING DEPARTMEN1 1â‚¬*7 ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this Subdivision Agreement, along with the Final Plat, is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of the Property and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It is the intent of the parties that this Subdivision Agreement and the Final Plat shall supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property, including and without limitation, those matters identified in Article V below (collectively, the "Prior Approvals and Instruments"). ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 20 (Series of 2006), the Aspen City Council granted Subdivision approval for the development of a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the Property located at 719 East Hopkins Avenue, Lots E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado (collectively, the "Project"). This Subdivision Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 20 (Series of 2006). In the event of any inconsistencies between the provisions of Ordinance No. 20 (Series of 2006) and the provisions of this Subdivision Agreement and the Final Plat, the provisions of this Subdivision Agreement and the Final Plat shall control. 2.2 Dimensional Requirements. Ordinance No. 20 (Series of 2006) established and approved the development of a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the Property. The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards in effect at the time the building permit is issued applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. 2.3 Design Variances. The City of Aspen Community Development Director approved the Applicanfs request, with conditions, for variances from the City of Aspen Residential Design Standards for Main Entry Porch requirements and Light Well requirements (collectively, the "Design Variances'D which approval is set forth in the Development Order of the City of Aspen Community Development Department dated August 20,2006. The Project shall comply with the terms and conditions of the Design Variances, and compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. 2.4 Affordable Housing. The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines in effect at the time the building permit is issued. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium map and prior to the issuance of a Certificate of Occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become 2 RECEIVED ilri--1111 -Imillifill 1111 ill iii lili ll11 10/31/2006 03 :571 ASPEN 530483 OCT 2 4 2006 Page: 2 of 11 JAN.CE K VCS CAUDILL P.TKIN COLNTY CO R 56.00 D 0.00 Rilll nikia ngDADÂ·nararr 1 1 1 , 11111111 111111--1111-,1111111111'llili 530483 Page: 3 of 11 ownership units. JANICE K VOS CAUDILL P.'IKIN COL,EY CO R 56.00 D 0.00 10/31/2006 03:571 If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of one percent undivided interest in the deed-restricted affordable housing units on Property to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units, or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the aforementioned Affordable Housing Guidelines continuously for a period of more than one (1) year. ARTICLE 111 APPROVALS AND EXEMPTIONS 3.1 Sidewalk, Curb, and Gutter. Prior to issuance of a certificate of occupancy for any of the units within the development, the Applicant shall have installed a detached sidewalk meeting the City Engineer's design requirements and ADA requirements along the entire lot frontage abutting Hopkins Avenue. Additionally, prior to issuance of a Certificate of Occupancy for any of the units within the development, the Applicant shall repair the curb and gutter adjacent to the Property deemed to be in disrepair by the City Engineer. 3.2 Trash/Utility Service Area. The trash enclosure, located to the rear of the Property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. 3.3 Impact Fees. Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication in conjunction with any residential development in the subdivision. Prior to building permit issuance on any residential development within the subdivision, the Applicant shall pay the school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedule in effect at the time of building permit submission, as set forth in Land Use Code Section 26.630.030, School Lands Dedication: Dedication Schedule. The Applicant will pay all impact fees in effect at the time of building permit submittal. 3.4 Water Department Standards. 719 East Hopkins Avenue shall comply with the City of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title 8 of the City's Municipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Department in effect at the time the building permit is issued. Each of the units within the building shall have individual water meters. 3.5 Sanitation District Standards. The Applicant shall comply with the rules and regulations of the Aspen Consolidated Sanitation District ("ACSD") in effect at the time the building permit is issued with respect to the Project: (a) Sanitation service is contingent upon 719 East Hopkins Avenue's compliance with ACSD rules, regulations, and specifications at the time of construction; (b) All clear water connections are prohibited, i.e., ground water (roof, foundation, 3 RECEIVED OCT 2 4 2008 ASPEN BUILDING DEPARTMENT 1,1 530483 - 1111111111-11-1 lili 1-1 lillill 10/31/2006 03:57F Page: 4 of 11 JAICCE K VOS C. LCILL PITHIN CIJA-Y O R 56.00 D 0.00 perimeter, and patio drains), including entrances to underground parking garages Of any); (c) On-site sanitary sewer utility plans require approval by ACSDI (d) Below grade development may require installation of a pumping system; (e) When a new service line is requked for existing development, the old service line must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements in effect at the time the building permit is issued; 0 Generally, one (1) tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line; (g) Permanent improvements are prohibited in areas covered by sewer easements or rights of ways to the lot line of each development; (h) All ACSD total connection fees must be paid prior to the issuance of a building permit; (i) Landscaping plans will require approval by ACSD where soft and hard landscaping impact public right-of-way or easements to be dedicated to the district. 3.6 Electrical Department Requirements. The Applicant shall have an electrical connection load summary conducted by a licensed electrician to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow City Utility Department personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the Final Plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium map. 3.7 Landscaping. The Applicant will provide a landscaping buffer area (referred to as a "minimum tree planting area" in Ordinance No. 20 (Series of 2006)) to be installed along the Hopkins Avenue frontage that is reasonably acceptable to the City Engineer and the Community Development Director. The landscaping buffer area shall be as dictated by the grading and improvements of adjacent properties. 3.8 Construction Management Plan. The Applicant will provide a construction management plan pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. 3.9 Subdivision Plat. The Final Plat shall be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado within 180 days after the Aspen City Council's final approval of Ordinance No. 20 (Series of 2006). The Final Plat shall comply with the requirements of the Public Works Director in effect at the time of recordation and include the following: 4 RECEIVED I 26 / 1.Â·. ) ASrti,i BUILDING DEPARTMFAr 11111111--1111111 lill i li li I ll 11111111 10/31/2006 03:57Â£ 530483 Page: 5 of 11 JAN.CE K VOS CAUCILL P.']KIN COW-Y CO R 56.00 D 0.00 (a) The final Property boundaries and utility and surface easements. (b) A new detached sidewalk and minimum landscaping buffer area to be installed along the Hopkins Avenue frontage that is reasonably acceptable to the City Engineer and the Community Development Director. The landscaping buffer area shall be as dictated by the grading and improvements of adjacent properties. 3.10 Subdivision Agreement. This Subdivision Agreement shall be recorded within 180 days after the City's grant of final approval of the Project (Ordinance No. 20, Series 2006). 3.11 Fire Department Requirements. The Applicant shall install a fire sprinkler system and alarm system in the building that meets the requirements of the Fire Marshal in effect at the time of building permit submission. 3.12 Building Permit Requirements. Any building permit application for the Project shall include and/or depict the following information: (a) A signed copy of Resolution No. 13 (Series of 2006) and Ordinance No. 20 (Series of 2006) granting final land use approval. (b) The conditions of approval of Ordinance No. 20 (Series of 2006) shall be printed on the cover page of the building permit set, (c) A completed tap permit for sewer service from ACSD. (d) A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency shall be used in designing any drainage improvements. (e) An excavation-stabilization plan, Construction Management Plan, and drainage and soils reports pursuant to the Building Department's requirements in effect at the time of building permit submission. The Construction Management Plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. (f) A fugitive dust control plan to be reviewed and approved by the City Engineering Department. (g) A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. (h) Accessibility and ADA requirements shall be as stipulated in the City of Aspen Building Code requirements in effect at the time of building permit submission. 2- 5 NG'k but 64 /00@ AdetA BUILDING DEPARTMENT lilli lili lilli 1111-11 1111111111 10/31/2006 03:571~ 530483 Page: 6 of 11 JANICE K VOS C UCILL P.TKIN JOLN-Y CO R 56.00 0 0.00 3.13 Vested Rights. The development approvals granted by the City pursuant to Ordinance No. 20 (Series of 2006) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. Article IV Prior Approvals and Instruments There are no recorded prior approvals for this Subdivision. Article V Subdivision Improvements Prior to the issuance of any Certificate of Occupancy with respect to the Project, 719 East Hopkins Avenue shall accomplish the following subdivision improvements (collectively, the "Subdivision Improvements"), all as further depicted and described on the Final Plat: (1) insta]Iation of a new detached sidewalk meeting the City Engineer's design requirements and ADA requirements along the entire lot frontage abutting Hopkins Avenue, at an estimated cost of $2,956; (2) repair the curb and gutter adjacent to the Property along Hopkins Avenue deemed to be in disrepair by the City Engineer, at an estimated cost of $1,485; (3) installation of a minimum landscaping buffer area to be installed along the Hopkins Avenue frontage that is reasonably acceptable to the City Engineer and the Community Development Director, with a landscaping buffer area that is dictated by the grading and improvements of adjacent properties, at an estimated cost of $1,957; To ensure construction and installation of the Subdivision Improvements (1) through (3) described immediately above, 719 East Hopkins Avenue shall provide to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of $6,398. Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access permit with respect to the Project, shall be in a form reasonably acceptable to the City Attorney, and shall give the City the unconditional rightl upon default hereof by 719 East Hopkins Avenue, subject to the provisions of Article VI below, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in Subdivision Improvements already constructed before the unused remainder, if any, of such letter of credit or bond is released to 719 East Hopkins Avenue. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of 719 East Hopkins Avenue shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem, and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the Subdivision Improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, authorize a reduction in the 6 -/9 oCT 2 4 2 Ork !.1 ASPEN BUILDING DEPARTMENJ outstanding amount of the letter of credit or bond equal to an agreed-upon estimated cost for the completed portion of the Subdivision Improvements; provided, however that ten percent (10%) of the estimated costs shall be withheld until all of the Subdivision Improvements are completed and approved by the City of Aspen Public Works Director. It is the express understanding of the parties that compliance with the procedures set forth in Article VI, below, pertaining to the procedure for default and amendment to this Subdivision Agreement shall be required with respect to the enforcement and implementation of the financial assurances and guarantees to be provided by 719 East Hopkins Avenue, as set forth above. Article VI Non-Compliance and Request for Amendments or Extensions In the event the City determines that 719 East Hopkins Avenue is not acting in substantial compliance with the terms of this Subdivision Agreement or the Final Plat, the City shall notify 719 East Hopkins Avenue in writing specifying the alleged non-compliance and asking that 719 East Hopkins Avenue remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than thirty (30) days. If the City determines that 719 East Hopkins Avenue has not complied within such time, the City may issue and serve upon 719 East Hopkins Avenue a written order specifying the alleged non-compliance and requiring 719 East Hopkins Avenue to remedy the same within thirty (30) days. Within twenty GO) days of the receipt of such order, 719 East Hopkins Avenue may file with the City Engineering Department either a notice advising the City that the Project is in compliance, or a written request to determine one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist; or (b) Whether a variance, extension of time or amendment to the Final Plat or this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the notice of noncompliance. The meeting of the parties shall be convened and conducted pursuant to the procedures established by the City. If the City determines that a non-compliance exists, which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or Certificate(s) of Occupancy, as applicable; provided however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to the Final Plat or to this Subdivision Agreement as it deems appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if 719 East Hopkins Avenue demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of 719 East Hopkins Avenue, despite good faith efforts on its part to perform in a timely manner. RECEIVE- 7 0 C T Q 4 2 006 m I 530483 ASPEN Page: 7 of 11 BUILDING DEPARTMENT 10/31/2006 03:57; BANICE K US C,..DI-_ PITKIN CO.NTY C) R 56.00 D 0.00 Â· 1 l ill i-Ill lil li 111111111111 lilli 111 10/31/2006 03:51 530483 Page: 8 of 11 JAN.CE K VOS CHUDILL P.TKIN COUR-Y CO R 56.00 D 0,00 Article VII General Provisions 7.1 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefit of 719 East Hopkins Avenue and the City and their respective successors and assigns. 7.2 Governing Law. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 Integration. This Subdivision Agreement and the Final Plat contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. 719 East Hopkins Avenue and its successors and assigns may on its own initiative petition the City Coundl for an amendment to the Final Plat or this Subdivision Agreement or for an extension of one or more of the time periods required for the performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendment or extension of tjme shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Headings. Numerical and title headings contained in this Subdivision Agreement are for convenience only and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Acceptance and Recordation of Final Plat. Upon execution of this Subdivision Agreement by both parties hereto, the City agrees to approve and execute the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, promptly upon payment of the recordation fees by 719 East Hopkins Avenue. 7.7 Notice. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if delivered by facsimile, if hand delivered, or if delivered to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns- The City: City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado 81611 719 East Hopkins Avenue: 719 East Hopkins Avenue, LLC do John R. Louderback, Managing Member PO Box 11600 Aspen, CO 81612 RECEIVED , 8 UL i 1 4 29!tb tle i '4. BUILDING n#2407'<lE"F 91 \11 111 litil--1--1111 1- 111 1 - 'llilli 10/31/2006 03:57; 530483 Page: 9 of 11 JAA.CE K VOS CAUDILL P-TKIN COUN-Y CO R 56.00 D 0.00 With a copy to: Curtis Sanders, Esq. Krabacher & Sanders, PC 201 North Mill Street Aspen, CO 81611 Facsimile: (970) 925-6300 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN COLORADO, a Colorado municipal corporation /Adv=l* By: c )#ic#JI&;~~~ -~ Helen KTanderud,'~yor --;~y Attes; 1*iÂ«~-14-_ kathryn S.~th, CitÂ¢'Clerk APPROVED AS TO FORM: Â£3Â§*9#5 719 EAST HOPKINS AVENUE: 719 EAST HOPKINS AVENUE, LLC, a Colorado limited liability company C ll v< 9-Â· 9.a jlerl,â€žle By John R. Aouderback, as(~ Managing Member PROPERTY OWNERS: 0-04 ut<'<2 (6Â£L-|3 6-cli John Louderback ~ ide i ko-L - M , Cs 34Â®k Jacq#eline~. Louderback RECEIVED oCT 2 2006 9 Asrbh BUILDING DEARTUF#'Â· --U -,1--7 - -- - 10/31/2006 03:57; 530483 Page: 10 of 11 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 5T The foregoing instrument was acknowledged before me this,5 f liay of 0 Of; 2006 by Helen Klanderud as Mayor of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal, 415R.~.fb My commission expires: / 3 -6/- 600 9 ,Â¥.26.. ..:â‚¬,1 . scm/4,3 01*f - // 1 f' LYNDEE R. i ; DEAN J Njtary Pli626 9.. 0. .â€¢to OP COLd?.r STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thishf -Gy of /17, 2006 by Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a municipal corporalion- Witness my hand and official seal, 0 ..4% My commission expires: /2 -0/r 207 7 f < >4 \R 944 Kle 9\ veq/1/ 41 j f/ 14*661 *ubic L*86&*@ Or State of California ) County of Los Angeles ) On 60-DbÂ« 1|i 1 !96 before me, Al-AN 1-1. UE}AAM iND rhAW %\Bit L , personally appeared John R. Louderback, as Managing Member of 719 East Hopkins Avenue, LLC, a Colorado limited liability company, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person* whose name(s) is/aR@. subscribed to the within instrument and acknowledged to me that he/sl@eAhey executed the same in his/hettheir authorized capacity(ies), and that by his/hemheir signaturefs) on the instrument the person(*), or the entity upon behalf of which the personÂ® acteds executed the instrument. WITNESS my hand and official seal. 1 ALAN It UEHARA D Signature X 11- 1-;L 25~122 noommer-c,um' 5 COMM.#1480011 . LOS Al,Ga-ES COLAVTY (Seal) RECEIVED 10 Mor n a. 1 14 2006 ASPtN BUILDING DEPARTMENT State of California ) County of Los Angeles ) On 0( I ORm 1 1,1{)\) L before me, A-UN U- UE#AM ; NDTAT\>-1 PUBit c personally appeared John Louderback, individually, and Jacqueline M. Louderback, individually, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iefare subscribed to the within instrument and acknowledged to me that ke;she/they executed the same in Alather/their authorized capacity(ies), and that by *sher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. COMM.#1480011 it 1 ,â‚¬Â§0*4~ ALAN H. UEHARA P tornriptietr. CNFOEF# E Signature L h 1-1 LCS AIKELES COUNff (Seal) 530483 111111111111 11111111111'll 111111111111 -11 111111111 lili 10/31/2006 03:51 Page: 11 of 11 JANICE K VOS C UDILL PITKIN COU& TY CO R 56.00 0 0.00 RECEIVED 11 UL! 2 4 2006 ASPEN BUILDING DEPARTMENT ATTORNEYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING 2(11 NORTH MILL STREET, SUITE 2()1 Sherman & Howard L.L.C. ASPEN. COLORADO 81611-1557 TELEPHONE: (970) 925-6300 FAX: (97()) 925-1181 OFFICES INÂ· DENVER Â· COLORADO SPRINGS Â· ASPENÂ· VAIL STEAMBOAT SPRINGS Â· PHOENIX Â· RENO Â· LAS VEGAS Â· ST. LOUIS Curtis B. Sanders Office Number (970) 925-6300 Ext. 214 E-mail: csanders@krabacher.com November 18, 2009 Via Hand Delivery Drew Alexander, Staff Planner City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Application for Condominiumization of Project at 719 East Hopkins Avenue, Aspen, Colorado; 719 East Hopkins Avenue Townhome Condominiums Dear Drew: In connection with the above matter, please find enclosed the following documents 1. City of Aspen "Pre-Application Conference Summary" dated November 17,2009 (two copies); 2. "City of Aspen Community Development Department Agreement for Payment of City of Aspen Development Fees" dated November 17, 2009 (one copy; one original); 3. City of Aspen "Land Use Application" (2 copies); 4. Authorization to represent letter dated November 17, 2009 from 719 East Hopkins Avenue, LLC (one copy; one original); 5. City of Aspen Ordinance No. 20 (Series of 2006) recorded July 12, 2006 as Reception No. 526320, Pitkin County, Colorado (two copies); 6. "Subdivision Agreement for the 719 East Hopkins Avenue Subdivision" recorded October 31, 2006 as Reception No. 530483, Pitkin County, Colorado (two copies); 7. "Subdivision Plat of 719 East Hopkins Avenue" recorded October 31,2007 in Plat Book 81, Page 76, Reception No. 530482, Pitkin County, Colorado (two copies); 8. Current title insurance commitment retlecting status of title matters affecting the subject parcel (two copies); {00285061.DOC\1) 9. Vicinity Map depicting the location of the subject parcel in the City of Aspen (two copies); 10. Draft copies of the proposed "Condominium Map of 719 East Hopkins Avenue Townhome Condominiums" (two copies); and 10. Applicant's check in the amount of $735.00. Please confirm the completeness of the enclose land use application at your earliest convenience. As I explained to you during our pre-application conference, I have been in contact with Cindy Christensen of the Aspen Pitkin County Housing Authority regarding the form of the master deed restriction which will be applicable to the project, as well as the form of protective covenants which will govern the use, ownership and occupancy of the project. I forwarded proposed final versions of these documents to Cindy Christensen and APCHA attorney Tom Smith last week. As I also explained, it is the Applicant's intention to simultaneously record the Condominium Map of 719 East Hopkins Avenue Townhome Condominiums, the CCIOA Condominium Declaration for 719 East Hopkins Avenue Townhome Condominiums, and the APCHA Master Deed Restriction for 719 East Hopkins Avenue Townhome Condominiums in the Pitkin County real estate records, and that the City of Aspen' s approval of the enclosed Application is contingent of the simultaneous recording of all of these documents. ~ SincerelyÂ©-h / Lurtis-M:Sanaers Enc. Ce: 719 East Hopkins Avenue, LLC Cindy Christensen (w/0 enc.) Thomas Smith, Es. (w/0 enc.) 3774.01\Alexander.01 {()0285061.DOC\1} 2 719 East Hopkins Avenue, LLC P.O. Box 11600 Aspen, Colorado 81612 Tel. (626) 705-4138 November 17, 2009 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Dear Sir or Madam: I am writing as Manager of 719 East Hopkins Avenue, LLC, a Colorado limited liability company, to authorize Curtis B. Sanders and the law firm of Sherman & Howard, L.L.C. to act as the agent for and representative of 719 East Hopkins Avenue, LLC in all matters related to and in connection with an application for condominiumization pursuant to Section 26.480.090 of the City of Aspen Municipal Code, with respect to certain real property owned by 719 East Hopkins Avenue, LLC and described as 719 East Hopkins Avenue Subdivision according to the Plat thereof filed for record in Plat Book 81 at Page 76 of the records of Pitkin County, Colorado. The address and phone number of the company's agent is as follows: Curtis B. Sanders, Esq. Sherman & Howard, L.L.C. 201 North Mill, Suite 201 Aspen, Colorado 81611 Please contact me if you have any questions. Thank you. 719 EAST HOPKINS AVENUE, LLC a Colorado limited liability company By: 4*4144 John R. Lou~rback, Manager {00025123.DOC/1} CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AHreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 719 East Hopkins Avenue. LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for rondominiumization pursuant to Section 26.480.090, Aspen Municipal Code (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City o f Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty ofrecovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735Â·" which is for 6.0 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT 719 EAST HOPKINS AVENUE, LLC, a Colorado limited liability company By: By: 61&4v.1,1"1 Chris Bendon John R. LodJerback, Manager Community Development Director Date: , I j fl ~ 2 .he, 9 Billing Address and Telephone Number: p/n Curtis Sanders, Sherman & Howard, L.LÂ·.C. ?01 Nnrt-h Mi 11 R trept, 9114 fe 201 Asper, 00 81611 (970) 979-6300 ATTACHMENT 2 -LAND USE APPLICATION ROJECT: lame: 719 East Hopkins Avenue Townhome Condominiums 719 East Hopkins Avenue, Aspen, CO 81611 .ocation: (Indicate street address, lot & block number, legal description where appropriate) arcel ID # (REQUIRED) 2737-182-110033 PPLICANT: lame 719 East Hopkins Avenue, LLC P.O. Box 11600, Aspen, CO 81612 .ddress: hone #: (626) 705-4138 EPRESENTATIVE: rame: Curtis B. Sanders, Sherman & Howard, L.L.C. 201 N. Mill St., Suite 201, Aspen, CO 81611 .ddress: hone #: (970) 925-6300 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD E Temporary Use GMQS Allotment U Final PLD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream ~~ Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane gl Commercial Design Review 2 Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance E Lot Line Adjustment D Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) A new residential structure has been constructed on the property. The property is subject to existing Subdivision Agreement, Subdivision Plat, and ordinance 20 Series of 2006. *OPOSAU (description of proposed buildings. uses, modifications, etc.) Applicant proposes Condominiumization of existing building into two free market residential units and three affordable housing residential units ive you attached the following? FEES DUE: $ 735.00 X Pre-Application Conference Summary XAttachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Subminal Requirements- Including Written Responses to Review Standards 3-D Model for large project I plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy ofall written text icrosoft Word Format) must be submitted as part o f the application. Large scale projects should include an ctronic 3-D model. Your pre-application conference summary will indicate ifyou must submit a 3-D model. 0000 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 11-18-2009 Our Order Number: QTF62000323.2 Property Address: 719 EAST HOPKINS AVENUE ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Aspen Title "QT" Unit Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925 6243 EMail: kbeereboom@ltgc.com COMMUNITY BANKS OF COLORADO LAND TITLE GUARANTEE COMPANY 210 N MILL ST 533 E HOPKINS #102 ASPEN, CO 81611 ASPEN, CO 81611 Attn: ADAM FORTIER Attn: Kate Staskauskas Phone: 970-544-8282 Phone: 970-925-1678 Fax: 970-544-5988 Fax: 970-925-6243 Copies: 1 Copies: 1 EMail: afortier@cobnks.com EMail: kstaskauskas@ltgc,com Linked Commitment Delivery JONES & KELLER, PC KRABACHER & SANDERS PC 4600 S ULSTER ST 201 N MILL #201 SUITE 880 ASPEN, CO 81601 DENVER, CO. 80237 Attn: CURTIS B SANDERS Attn: KRISTEN OTERO Phone: 970-925-6300 EMail: kotero@joneskeller.com Fax: 970-925-1181 EMail: csanders@krabacher.com Land Title Guarantee Company Date: 11-18 2009 Land Title Our Order Number: QTF62000323.2 GUARANTEE C()MI'ANY Property Address: 719 EAST HOPKINS AVENUE ASPEN, CO 81611 Owner: 719 EAST HOPKINS AVENUE, LLC, A COLORADO LIMITED LIABILITY COMPANY Need a map or directions for vour upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Loan Policy 10-17-92 $0.00 Endorsement 110.5 (Lender) $3,438.00 Endorsement 107.3 (Lender) $1,644.00 TOTAL $5,082.00 Ferin CONTACT. L (8/2003) THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. QTF62000323.2 Schedule A Cust. Ref.: Property Address: 719 EAST HOPKINS AVENUE ASPEN, CO 81611 1. Effective Date: November 02,2009 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Loan Policy 10-17-92 $11,750,000.00 Proposed Insured: COMMUNITY BANKS OF COLORADO , ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 719 EAST HOPKINS AVENUE, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: 719 EAST HOPKINS AVENUE SUBDIVISION, ACCORDING TO THE PLAT RECORDED OCTOBER 31, 2006 IN PLAT BOOK 81 AT PAGE 76. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT SCHEDULE B-1 (Requirements) Our Order No. QTF62000323.2 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. RECORD MODIFICATION OF DEED OF TRUST RECORDED MAY 15, 2007 UNDER RECEPTION NO. 537933. 2. PAYMENT OF ALL FEES. ALTA COMMITMENT SCHEDULE B-2 (Exceptions) Our Order No. QTF62000323.2 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 and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED NOVEMBER 07, 1888 IN BOOK 59 AT PAGE 500, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON PLAT OF SUBJECT PROPERTY RECORDED OCTOBER 13, 2006 IN PLAT BOOK 81 AT PAGE 76. 11. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION AGREEMENT RECORDED OCTOBER 31, 2006 AT RECEPTION NO. 530483. 12. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 06-20 RECORDED JULY 12, 2006 AT RECEPTION NO. 526320. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 06-13 RECORDED DECEMBER 28, 2006 AT RECEPTION NO. 532711. 14. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED NOVEMBER 17, 2006 ALTA COMMITMENT SCHEDULE B-2 (Exceptions) Our Order No. QTF62000323.2 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: AT RECEPTION NO. 531210. 15. DEED OF TRUST DATED MAY 15, 2007, FROM 719 EAST HOPKINS AVENUE, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF COMMUNITY BANKS OF COLORADO TO SECURE THE SUM OF $11,750,000.00 RECORDED MAY 16, 2007, UNDER RECEPTION NO. 537933. DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 16, 2007, UNDER RECEPTION NO. 537934. 16. FINANCING STATEMENT WITH COMMUNITY BANKS OF COLORADO , THE SECURED PARTY, RECORDED MAY 16, 2007, UNDER RECEPTION NO. 537935. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner' s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT /0 1010 P I 9, 4 6 . r. 6 0 hv MU, 1,Â£/ 4, 2 EN 50 9-7 01 -RK 526320 21. J U L. 1 2, 2905 3 V :40 Air lillill kihi illjll illitillilitilinlit In lillifill illi 07/12/2006 08.57 Page: 1 of 5 JANICE K VO; CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 ORDINANCE NO. 20 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL FOR 719 EAST HOPKINS AVENUE MUTI-FAMILY BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins Avenue, LLC; John R. Louderback, Member; represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and condominiumization to construct a multi-family building consisting of Mo free-market residential units and three deed- restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, the subject property is zoned MU (Mixed-Use); and WHEREAS, upon review of the application, and the applicable code standards: the Community Development Department recommended approval, with conditions, o f the proposed subdivision and associated land use requests; and, WHEREAS, duang a duly noticed public hearing on March 7,2006, the Planning and Zoning Commission approved Resolution No. 13, Series of 2006, by a four to zero (4-0) vote, approving with conditions, a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free-market residential Floor Ared and recommended City Council approve with conditions subdivision and condominiumization to constuct amulti-family building consisting of two (2) ftee-market residential units and three (3) deed-restricted affordable housing units located on the subject property; and, WHEREAS, the Aspen City Council has reviewed and considered the application agording to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation ofthe Communde Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Cound finds the application meeting or exceeding all applicable standards ofthe land use code of the City of Aspen Municipal Code and that the approval, of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance fhrthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No. 20, Page 1 of 6 Series of 2006 JUL. 12.2006 10:46AM , ;3 COvNTY CLF~<C 52632w 3Â·4 '010 r A Page: 2 of E //. 4 'L j f. i 07/12/2006 08:57 JANICE K v06 CAUDILL PITKIN COUNTY 00 R 31,00 D 0.00 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section l: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, Subdivision review in order to constnict a multi-family building consisting of two (2) ftee-market residential units and three (3) deed-restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Sub division plat shall include a design for a detached sidewalk and minimum tree planting area, including trees, to be installed along the Hopkins Avenue ftoniage that is acceptable to the City Engineer and the Commidity Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. The final Condoniinium Plat may be approved and signed by the Community Development Director upon substantial completion ofconstruction. Section 3: Building Moratorium The provisions Of Ordinance 19, Series of 2006, shall apply to this approval. The Community Development Department shall be prohibited from issuing a building pennit for this project until such time as the provisions of Ordinance 19 are no longer in effect. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b, The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan. inclucEng an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground techarge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to tile Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construotion tratic and parking plan for review and approval by the City Engineer and Streets Department Supezintendent, The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. Ordinance No. 20, Page 2 of 6 Series of2006 MU. 42, m F.j,IN CottzY CLERKS ,Â§4 lots : 1 Â£ A fUgitive dust control plan to be reviewed and approved by the City Engineering Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. h. Accessibility and ADA requirements shall meet the building code requiremenrs. Section 5: Dimensional Requirements The redevelopment of the building >as presented complies with the dimensional requirements of the Mixed-Use (M[J) Zone District, The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements #411 be verified by the City of Aspen Zoning Officer at the time of building permitreview. Section 6: Trash/Utilily Senice Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. . Section 7: Sidewalks. Curb, and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall repar any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any ofthe units within the development, Section 8: Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time, of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 -units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, , undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to *'for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. 526320 Page: 3 of 6 Ordinance No. 20, 1- 111'll -*.111 1 lilill- - - 1 -11 lill 1-1 07/ 12/2006 08: 57 JANICE K Wa :JAUD-LL P:TKi. COLA-Y CO R 31.00 D 0.00 Page 3 of 6 Series of2006 NO. 1929 2 4 HU 19.2006 10:46AM PliA!Â§ COLVTY CLEQKS :V=0 - Section_9: Fire Mitigation The Applicant shall install a fire sprinkler system and alann system that meets the requirements ofthe Fire Marshal. Section 10: Water Department Reauirements The Applicant shall comply with the City of Aspen Water System Standards; with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by Ge City of Aspen Water Department Each of the units within the building shall have individual water meters. Section 11: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and ~ regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-ite utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 12: Electrical Department Requirements ~ The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to dete~mine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transfonner for maintenance purposes, if a supplemental transformer is installed If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easemenI on the condominium plat Section 13: Exterior Lifrhting Ali exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: School Lands Dedication and Impact Fees Pursuant to Land Use Code Section 26.630, School tandy dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance, The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building pennit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site: . The Applicant will pay all impact fees in effect at the time ofbuilding permit submittal. 526320 OrdinanceNo. 20, page: 4 of 6 Series of2006 07/12/2006 08'57 Page 4 of 6 JANICE K Lit -3 . Ida PITU Â·COLETY CÂ¢ R 31.00 D 0.00 21.niN COUNTY CLERKS NO, 1929 P. 5 i: 1 16 .,Af 16.,AAM cvL. 52. 21;vt luâ€¢,UAL Section 15: Vested Riellk The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agteements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific d4elopment plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order asset forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of *the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, penaining to fne following described property: Lots E and P, Block 104, City and Town site of Aspen. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances Or the City of Aspen provided that such reviews and approvals are not inconsistent with Â·. ~- this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin , to nm until the date of publication ofthe notice of final.developmeotapprovalas,Igg%]Ed __ - ..â€ž:=-: under Section 26.304.070(A). Thirigfiti ofreferendum shall be limited as set forth iii-tlic Colorado Constitution and the Aspen Home Rule Charter. Section 16: All material representations and conunitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission: or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as 1.f fully set forth herein, unless amended by other specific conditions. 526320 Page: 5 Of 6 Page 5 of 6 Ordinance No. 20, i Illizilltil Ililli lili Ull lillui ll'lll Ill Ill'llill illi 07/12/2006 08:57 Series of 2006 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 D 0*00 PI,~1% COUNTY CLERKS NO 1929 P. 6 Section 17: This Ordinance shall not affect any existing liti jition and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinanseS. Mection 18: If any section, subsection: sentence, clause, phrasej or portion of this Ordinance is for any reason hold invalid or unconstitutional in a coutt of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining poztions thereof Section 19: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office ofthe Pitkin County Clerk and Recorder. Mection 20: A public hearing on the Ordinance shall be held on the 22 day of May, 2006, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the.same shall be published in a newspaper of general circulation. within the City ofAspen. Section 21: This Ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe CityofAspenonthe 8*' dayofbiay, 2006. , ~ Attest: C El it / fga,4*n ,2-4,2, 1 \ 1 -1- I-- ->u&4&' 12- . I - /Ph<- r# Kathry]0 Â§*och;tity Clerk ' - Hhed*alin KladifernÂ©Mayor FINALLY, adopted, pass&1 and approved this 12th day Of June, 2006. Â·, t i /1Â»fa ,{ tÂ« / P jU_--> . \3 -.A 14/Â¢-â‚¬ - Kathrjou S. I~ch, City Clerk Helen Kalin Kla*dE***Mayor Approved as to form: 7, //\.1 j nNI1561 "~ 526320 droblfW6Â¥6ester, City Attorney ~ Page: 6 of 8 lillim mill W 1-11 1- -H--Imil 07/12/2006 08:57 JANNE K VOS CAUDILL P.TK:N COUNTY Co R 31,00 O 0.00 Ordinance No. 20, Page 6 of 6 Series of2006 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, (970) 429-2739 DATE: 11/16/09 PROJECT: 719 E. Hopkins Ave., Condominium Subdivision OWNER: 719 East Hopkins Avenue, LLC ' REPRESENTATIVE: Curtis Sanders, (970) 925-6300 TYPE OF APPLICATION: Condominiumization DESCRIPTION: The Applicant would like b condominiumize the existing structure, located at 719 E. Hopkins Ave. The property consists of two (2) free-market residential units, and three (3) affordable housing units. Staff has detailed that all certificates of occupancy must be provided for the affordable housing units before the free-market units can be occupied. No Historic Designation. Condominiumization review (which is a form of subdivision) is required in order to create a condominium form of ownership Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Staff for complete application - Community Development Director for condominiumization Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. / 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the 4 name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a / current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. / 5. Signed fee agreement. 4 6. Pre-application Conference Summary. i/' 7. An 8 1/2" x 11" vicinity~map locating the subject parcel within the City of Aspen. 4 8. Proof of ownership. ' 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11, All other materials required pursuant to the specific submittal requirements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Vicinity Ma,p 1"=1000' 'Tood Duck 0111"pie St .,â‚¬ LA \40' le v " /7 4 4 "" 4 ---_' i t,Â«:~ ju=~~(-<(i~;4=Â£6~ 4 spruce stiA 1.1 :1 Smu for 7.-0 8 4- 4 *4 ..rd Pupeys,~ 71 vivT& 11 *14 93 anck , 4â€ž 41.~5 04â‚¬) 1-1 \11 4- 4 S - H lam 1 Contot 46/ St . - r,;['1' m mo b_614.3%-v~ub_1404_.~Â£ Co, -9 4-4 ~ icl .0 4 . A,f Aft,5, Ut,~.453 \ 408471 0 5 ' N i i /10,4 r.~AIP c/,00 '~ -9 W tor 64 I \4, .K 4 1. b P Ppe 1 mly 91 ,.$'% 4 tr- 7\ i* d l#u ''Â· <I /4~77 - *-24 4 wk, m , -*-3*3940434< 0 4 2 5 -- m Cir 2 2 4 ---,- , 4 *4 4 -- ., f i --2 6 - -- 4Â»y=t~rJfUÂ¥422 > A.2,..27.., '/404 44 ;:ref- 9 4 -3 0 's Â°47.E, & I.'IJ.44 f :Â· _ 44, 6 f 11- alat.- 7. ,(fob -L. 4. /br 0 U urs t Av 4. dil~ . 6#8*;, 5 8 r . 7. r J U N.' e~7:.,9 -, '' *i~ ..4 ~ 1 1.Z / 4 04"Imf: . 4 21 % * : 4 Si 5E p P a: NÂ·*fi eNA ~zr--/<.2 4: '4.1 *41 -PX 1 1 9 k i *2tu: 4 fl P; A ~- i- *f> W ...: 4if 92 1.33 N i . i. ':914 9 , 1 2. 1 L= 4= -- Notice.Â· Accoi-ding to Colorado Zaw, you must commence TUTTLE SURVEYING SERVIC any Zegat action based upon any defect in 727 Blake Avenue this survey within three years after you first discover such defect. In no event may Glenwood Springs, Colorado 81601 any legal action based upon any defect in thâ‚¬s survey be commenced more than ten years (970) 928-9708 (FAX 947-9007) from the date of the certâ‚¬.Acation shown jeff@tss-us. com