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HomeMy WebLinkAboutLand Use Case.1230 Mountain View Dr.0074.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0074. 2010.ASLU PARCEL ID NUMBER 2735 013 00 014 PROJECTS ADDRESS 1230 & 1232 MOUNTAIN VIEW DR PLANNER JENNIFER PHELAN CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE CHRIS SANDERS DATE OF FINAL ACTION 12.18.10 CLOSED BY ANGELA SCOREY ON: 04.07.11 C ATTORNEYS & COUNSELORS AT LAW JEROME PROFESSIONAL BUILDING p & Howard L.L.C. 201 NORTH MILL STREET, SUITE 201 man Sher D Howard ASPEN, COLORADO 81611 -1557 1� 111 TELEPHONE. (970) 925-6300 FAX OFFICES OFFICES I DENVER S COLORADO SPRINGS • ASPEN VAR. STEAMBOAT SPRINGS • PHOENIX• RENO • LAS VEGAS ST. LOUIS city °k 22 Curtis 13. Sanders Qf, e0/do Office Number (970) 925 -6300 Ext. 214 ry 0 ' E -mail: csanders(a,krabacher.com �` c QO4N November 22, 2010 FNj Via Hand Delivery Jennifer Phelan, Staff Planner City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: Application for Condominiumization of Project at 1230 and 1232 Mountain View Drive, Aspen, Colorado; Mountain View Drive Condominiums Dear Jennifer: In connection with the above matter, please find enclosed the following documents: 1. City of Aspen "Pre- Application Conference Summary" dated September 22, 2010 (two copies); 2. "City of Aspen Community Development Department Agreement for Payment of City of Aspen Development Fees" dated November 21, 2010 (two copies); 3. City of Aspen "Land Use Application" (two copies); 4. Authorization to represent letter dated November 21, 2010 from SREI Cottage Mountain View LLC (two copies); 5. Current Certificate and Disclosure of Ownership reflecting status of title matters affecting the subject property (two copies); 6. Vicinity Map depicting the location of the subject property in the City of Aspen (two copies); 7. Draft copies of the proposed "Condominium Map of Mountain View Drive Condominiums" (two copies); 8. Draft copies of the proposed "Condominium Declaration of Mountain View Drive Condominiums" (two copies); and BUS_RE\3713696.I c 9. Applicant's check in the amount of $735.00. As you will see, Condominium Map and the Condominium Declaration contemplate a condominiumization of the existing property into two separate units (the "Unit A" and the "Unit B "), each of which comprises one -half of the existing land and improvements. Each unit will share a party wall, and the units will share in the cost of maintaining the shared driveway. Otherwise, there are no other shared items, and no shared expenses. Please note that although at the time of the pre - application conference the subject property was owned by Chase Aubrey, LLC, the property is now owned by a project lender SREI Cottage Mountain View LLC, and therefore it is now listed as the applicant. Please confirm the completeness of the enclose land use application at your earliest convenience. If you have any questions, please feel free to give me a call. Ski t j/� n anders Enc. cc: Mark C. Foster Phelan.01 2 BUS_RE\3713696.I Certificate and Disclosure of Ownership I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for SREI Cottage Mountain View, LLC, as Applicant, hereby certify that SREI Cottage Mountain View LLC is the record owner of the real property described as follows (the "Property "): PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One - Quarter interest in and to a tract of land in the southwest quarter of Section I, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter comer between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. All in Pitkin County, Colorado BUS RE \3713707.1 I hereby further certify that as of the date hereof, the Property is subject to the following encumbrances of record: Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved ha United States Patent dated July 27, 1889, and recorded August 17, 1889, in Book 55 at Page 5, as Reception No. 031787. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between George Bargsten and Clare H. Bargsten and Richard Wright and Esther Wright, dated March 11, 1954, and recorded March 16, 1954, in Book 180 at Page 237, as Reception No. 100896. Terms, conditions, provisions, agreements and obligations specified under the Deed dated August 20, 1954, and recorded August 12, 1955, in Book 172 at Page 378, as Reception No. 102772. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by and between Richard Wright and Ester Wright and the Aspen Metropolitan Sanitation District dated May 29, 1970, and recorded June 17, 1970, in Book 249 at Page 4, as Reception No, 140964. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric Association, Inc. Underground Right -of -Way Easement by and between George E. Shaw and Teena F. Shaw and Holy Cross Electric Association, Inc., dated August 31, 1993, and recorded September 02, 1993, in Book 723 at Page 134, as Reception No. 360720. Together with the following: Deed of Trust recorded October 5, 2007 as Reception No. 542813, of the real estate records of Pitkin County, Colorado in favor of SREI Cottage Investments, LLC; and Deed of Trust recorded January 30, 2008 as Reception No. 546196 and that certain Deed of Trust recorded February 11, 2009 as Reception No. 556367, both in favor of Albers Family Limited Partnership, L.P. �) Dated: November, 2010 t ' ers, • s ey Reg. No. 23551 BUS_RE13713707.1 Certificate and Disclosure of Ownership I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for SREI Cottage Mountain View, LLC, as Applicant, hereby certify that SREI Cottage Mountain View LLC is the record owner of the real property described as follows (the "Property "): PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section comer between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One - Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. All in Pitkin County, Colorado BUS _ RE\3713707.1 r '4✓ I hereby further certify that as of the date hereof, the Property is subject to the following encumbrances of record: Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent dated July 27, 1889, and recorded August 17, 1889, in Book 55 at Page 5, as Reception No. 031787. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between George Bargsten and Clare H. Bargsten and Richard Wright and Esther Wright, dated March 11, 1954, and recorded March 16, 1954, in Book 180 at Page 237, as Reception No. 100896. Terms, conditions, provisions, agreements and obligations specified under the Deed dated August 20, 1954, and recorded August 12, 1955, in Book 172 at Page 378, as Reception No. 102772. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by and between Richard Wright and Ester Wright and the Aspen Metropolitan Sanitation District dated May 29, 1970, and recorded June 17, 1970, in Book 249 at Page 4, as Reception No. 140964. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric Association, Inc. Underground Right -of -Way Easement by and between George E. Shaw and Teena F. Shaw and Holy Cross Electric Association, Inc., dated August 31, 1993, and recorded September 02, 1993, in Book 723 at Page 134, as Reception No. 360720. Together with the following: Deed of Trust recorded October 5, 2007 as Reception No. 542813, of the real estate records of Pitkin County, Colorado in favor of SREI Cottage Investments, LLC; and Deed of Trust recorded January 30, 2008 as Reception No. 546196 and that certain Deed of Trust recorded February 11, 2009 as Reception No. 556367, both in favor of Albers Family Limited Partnership, L.P. Dated: Novembe2.2010 - Curtis B ers, Attorney Reg. No. 23551 BUS_RE\3713707.1 L LAND USE APPLICATION RECEIVED ED PROJECT: NnV 2 2 2010 _ Name: Mountain View Drive Condominiums CITY OF ASPEN Location: 1230 and 1232 Mountain View Drive, Aspen, CoIoradcalKIININi6lEEh6PMfiJNo referred to as 1210 Mountain View Drive, Aspen, Colorado 816111 Parcel ID # (REQUIRED) 273501300014; Legal description of property set forth on Exhibit A attached hereto. APPLICANT: Name: SREI Cottage Mountain View LLC Address: 123 Madison Street, Suite 103, Denver, Colorado 80206 Phone #: (303) 321 -7997 REPRESENTATIVE: Name: Curtis B. Sanders, Sherman & Howard L.L.C. Address: 201 North Mill Street, Suite 201. Aspen, Colorado 81611 Phone #: (970) 925 -6300 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream X Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ ❑ Residential Design Variance Expansion ❑ Lot Line Adjustment ❑ Conditional Use ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) A new duplex residential structure has been constructed on the Property. The Property is not subject to any existing land use approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes a condominiumization of the Property into two residential units, with each unit comprised of all of the land and improvements on each side of a common boundary and party wall. Have you attached the following? FEES DUE: $735.00 X Pre - Application Conference Summary X Attachment #1, Signed Fee Agreement N /AResponse to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- including Written Responses to Review Standards ❑ 3 -D Model for large project Alb plans that are larger than X 11" must be folded. A disk with an uric copy of all written text (Microsoft Word Format) must Se submitted as part of the application. Large scale projects should include r an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. + SREI COTTAGE MOUNTAIN VIEW LLC By: / if a ark C. oster, Manager / / ' /° Date I 1 2 fll TO 0251, „OCo, 1 Exhibit A to Land Use Applica A • (legal description of property) PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL 13: An undivided One- Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of tnte beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' West 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. Together with and including a perpetual right of access to and from the subject property and Mountain View Drive, over, across and along the roadway described under Parcel C above. All in Pitkin County, Colorado. 3 ANC Rr11711KR7 1 LAND USE APPLICATION P"(OJECT: Name: Mountain View Drive Condominiums Location: 1230 and 1232 Mountain View Drive, Aspen, Colorado 81611 (sometimes also referred to as 1210 Mountain View Drive, Aspen, Colorado 81611) Parcel ID # (REQUIRED) 273501300014; Legal description of property set forth on Exhibit A attached hereto. APPLICANT: SREI Cottage Mountain View LLC Name: 123 Madison Street, Suite 103, Denver Colorado 80206 Address: Phone #: (303) 321-7997 REPRESENTATIVE: Curtis B. Sanders, Sherman & Howard L.L.C. Name: 201 North Mill Street, Suite 201, Aspen, Colorado 81611 Address: Phone #: (970) 925-6300 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream X Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design. Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) A new duplex residential structure has been constructed on the Property. The Property is not subject to any existing land use approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes a condominiumization of the Property into two residential units, with each unit comprised of all of the land and improvements on each side of a common boundary and party wall. Have you attached the following? FEES DUE: $735.00 X Pre- Application Conference Summary X Attachment #1, Signed Fee Agreement N /AResponse to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3 -D Model for large project BUS_RE\3713687.1 All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) mus* "e submitted as part of the application. - ;e scale projects should include an electronic 3 -D model. Your r application conference summary will ....irate if you must submit a 3 -D model. SREI COTTAGE MOUNTAIN VIEW LLC By: ark C. oster, Manager //' z Z - W1 Date 2 BUS_RE13713687.I Exhibit A to Land Use Application (legal description of property" PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One- Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter comer between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Comer of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' West 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. Together with and including a perpetual right of access to and from the subject property and Mountain View Drive, over, across and along the roadway described under Parcel C above. All in Pitkin County, Colorado. 3 BUS RE13713687.1 • SREI 0., ETAGE MOUNTAIN vs„ie,W LLC 123 Madison Street, Suite 103 Denver, CO 80206 Tel. (303) 321 -7997 November 21, 2010 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 SREI Cottage Mountain View LLC to authorize Curtis B. Sanders and the law firm of Sherman & Howard L.L.C. to act as the agent for and representative of Chase Aubrey, 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 SREI Cottage Mountain View LLC and legally described on Exhibit "A" attached hereto and made a part hereof. 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. SREI COTTAGE MOUNTAIN VIEW LLC, a Colora .limited liability company By: 4-dell Mark C. osier, Manager Exhibit A (Legal Description) PARCEL A: A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One - Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Corner of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. All in Pitkin County, Colorado. BUS REL3713695.1 SREI COTTAGE MOUNTAIN VIEW LLC • 123 Madison Street, Suite 103 Denver, CO 80206 Tel (303) 321 -7997 November 21, 2010 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 SREI Cottage Mountain View LLC to authorize Curtis B. Sanders and the law firm of Sherman & Howard L.L.C. to act as the agent for and representative of Chase Aubrey, 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 SREI Cottage Mountain View LLC and legally described on Exhibit "A" attached hereto and made a part hereof. 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. SREI COTTAGE MOUNTAIN VIEW LLC, a Colora_do.limited liability company By: d - Mark C. oster, Manager BUS_RE\3713695.1 • Exhibit A (Legal Description) PARCEL A: ° »4< A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey, bears South 14 degrees 20" West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 306 feet to a point of true beginning; Thence North 85 degrees 15' West 167 feet; Thence North 6 degrees 30' East 100 feet; Thence South 89 degrees 30' East 152 feet; Thence South 6 degrees 30' West 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 84 feet to the point of true beginning. PARCEL B: An undivided One - Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows: Beginning at a point whence the quarter comer between Sections 11 and 12, said Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet; Thence South 85 degrees 15' East 1085 feet; Thence North 6 degrees 30' East 390 feet to a point of true beginning; Thence North 89 degrees 30' West 15 feet; Thence North 6 degrees 30' East 28 feet; Thence South 89 degrees 30' East 15 feet; Thence South 6 degrees 30' West 28 feet to the point of true beginning. PARCEL C: A right of ingress and egress over and across a tract of land described as follows: Beginning at the Northeast Comer of Parcel B Above, Thence North 6 degrees 30' East 12 feet; Thence North 89 degrees 30' West 179 feet; Thence South 6 degrees 30' East 320 feet; Thence South 85 degrees 15' East 12 feet; Thence North 6 degrees 30' East 308 feet; Thence South 89 degrees 30' East 167 feet to the point of true beginning. All in Pitkin County, Colorado. BUS_RE\3713695.1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Jot4ment of City of Aspen Development Aoblication Fees CITY OF ASPEN (hereinafter CITY) and SREI Cottage Mountain View LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: a. APPLICANT has submitted to CITY an application for Condominiumization pursuant to City of Aspen Land Use Code Section 26.480.090 (hereinafter, THE PROJECT). b. APPLICANT understands and agrees that the City of 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. c. 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 of recovering its full costs to process APPLICANT'S application. d. 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. e. 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 $735.00 which is for three (3) 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 APPLICANTS W4 4 C.c (74/7° /v!«t+4.' 74 Lit By: By: Jirt./G4it - Chris Bendon Community Development Director Date: /1 ZZ - 2 Billing Address and Telephone Number: c/o Mark C. Foster, 123 Madison Street, Suite 103 Denver, Colorado 80206 (303) 321-7997 BUS_RE\3713686.1 CITY OF ASPr'COMMUNITY DEVELOPMEN )EPARTMENT Agreement for Payment of City of Aspen Development Application' Fees CITY OF ASPEN (hereinafter CITY) and SREI Cottage Mountain View LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: a. APPLICANT has submitted to CITY an application for Condominiumization pursuant to City of Aspen Land Use Code Section 26.480.090 (hereinafter, THE PROJECT). b. APPLICANT understands and agrees that the City of 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. c. 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 invorved 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 of recovering its full costs to process APPLICANT'S application. d. 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. e. 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 $735.00 which is for three (3) 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 APPLICAN R c /. & AI � 4 By: By: 'd1t 4 t :- 4 Chris Bendon / Community Development Director Date: 1/ Z Z - 7.0/0 Billing Address and Telephone Number: c/o Mark C. Foster, 123 Madison Street, Suite 103 Denver, Colorado 80206 (303) 321-7997 BUS_RE13713686.1 CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429 -2759 DATE: 9.22.10 PROJECT: 1210 Mountainview Drive, Condominiumization REPRESENTATIVE: David Hailey OWNER: Chase Aubry LLC DESCRIPTION: The Applicant is pursuing Condominiumization for the property located at 1210 Mountainview Drive, The subject site is a recently completed duplex and now the owner is prepared to create a condominium ownership for the two existing dwelling units. Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 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 $245 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: 2 paper copies of the draft plat 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 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. (only pages 3 and 4 of the link below) 5. http: / /www.aspenpitkin.com /Portals /O /docs /City /Comdev/ Apps% 20and %20Fees /landuseappform.pdf 6. Pre - application Conference Summary. 7. Letter authorizing owner representation. 8. Proposed condominium plat. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above). 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. CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429 -2759 DATE: 9.22.10 PROJECT: 1210 Mountainview Drive, Condominiumization REPRESENTATIVE: David Hailey OWNER: Chase Aubry LLC DESCRIPTION: The Applicant is pursuing Condominiumization for the property located at 1210 Mountainview Drive. The subject site is a recently completed duplex and now the owner is prepared to create a condominium ownership for the two existing dwelling units. Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 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 $245 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: 2 paper copies of the draft plat 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 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. (only pages 3 and 4 of the link below) 5. http: / /www.aspenpitkin.com /Portals /0 /docs /City /Comdev/ Apps% 20and %20Fees /landuseappform.pdf 6. Pre - application Conference Summary. 7. Letter authorizing owner representation. 8. Proposed condominium plat. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above). 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. eiso. 007 10(0 • As I- (A • „ , 6 gat &Sold tialata Firm Rarla Fermat Iab Onn 4 4 ) 1 a y Oft* °I 9 $ ctir 4 attirtiStataa lFe.t IFeStaaaarAt trai inlanxts •lattatharta IRattaitStY IPS° latat4 laataaFaala Meta* 4 . &u 7 'Aspen Land Use 11742310 ASLU 230 AND 123Q MOUNTAN VIEW DR MIN111.11I 1 =II l r" 1 /2E010 c 4 , • -11 r.." c.1 • TPA; 2 • ---- 'wn 1.0081 • • •110N FOR CONDOMINUAZATION 5113DIVISION DIEMPTION Si I I mot* ICHNS B SANDERS 925 6300 G punning b Ill/202011 Stilted via I I ` Omer Lest none 1 AOUNTA1N VEW CONDOS I I nit Alfe Ph= ) • Address kiicant 0 Owner is mica& Collector ts mime? 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