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HomeMy WebLinkAboutcoa.lu.co.825 Cemetery lane A010-98 MEMORANDUM TO: Stan Clauson, Community Development Director THRU: Julie Ann Woods, Deputy Director FEB 2 8 1998 FROM: Mitch Haas, Planner Ak\ Nicit i), :q0Ckl _ RE: Trans Aeternitates Condominium, Insubstantial Plat Amendment DATE: February 26, 1998 On behalf of the Trans Aeternitates Condominium owners, Mr. Benton G. Smith has applied for an insubstantial plat amendment for the Trans Aeternitates Condominiums, which consist of a duplex located at 825 Cemetery Lane. In 1994/5, the applicant applied for and was granted a building permit (permit #4- 519) to make various improvements on the subject property. The construction commenced and was completed pursuant to said permit in 1995. Due to the changes that were made, the plat currently on file with the City is inaccurate. This amendment is being requested in order to reflect the changes that were approved and constructed. The applicant is now in the process of selling one or both of the units on the property and wants to make sure the legal record accurately reflects the actual property. The application was referred to the Engineering Department, who examined the proposed plat and found it to be acceptable as submitted. The application is consistent with an insubstantial amendment to a subdivision order, pursuant to Section 26.88.060, and there are no other land use issues involved. Staff recommends that the Community Development Director approve this insubstantial amendment with the condition that the applicant submit two (2) signed mylars and a recording fee to the City Engineering Department. APPROVED: Stan CI. uson, Community Development Director To: The City of Aspen Community Development/Planning Dept. From: Betsy Black/Benton G. Smith & Jennifer M. Smith Owners of Units 1 & 2, Trans Aeternitates Condominium Attached for your approval are 2 original mylars, stamped and signed by a Registered Land Surveyor, of the amended Condominium Map for the Trans Aeternitates Condominium, which is a duplex located at 825 Cemetery Lane in Aspen. Also /���Lis attached is the original plat and the permits for a remodel of Unit '4_ 2, which took place in 1994/95 and enlarged the footprint on the original plat. Also attached is the Agreement for Payment of City of Aspen Development Application Fees, and a copy of the Title Insurance certifying ownership of the property. If you have any questions, please call me at either 920 -9100, or 948 -9100. Th.1 Benton Smith ASPEN/PTTKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Cleariy) CITY OF ASPEN (hereinafter CITY) and so wit) & i T (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for AP p(�VAI of -4te 1 y Ia 1&NDM To TQAIJS AG( catirrial% CO NPO. PLI T (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a 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. APPLIC ANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additionai costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by re.nininc greater cash liquidity and will make ndditionai payments upon notification by the C;T`_. when they are necessary as costs are incurred. CIT: agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANTS application. 4. CITY and APPLICANT further agree that it is impracticable for CIT: staff to compiete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, uniess 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 c ompleteness, APPLICANT shall pay an initial deposit in the amount of 5 which is for hours of Planning 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, inch ding post approval review. 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. CITY OF ASPEN APPLICANT Signature: _ Stan auso Date: e...-11,6_ / 9 / 99g Community Development Director Printed Name: eLaurosi Sming City of Aspen Mailing Address: 3 (S-- E. / tip) P /� • • c • ATF'ACHMENTt City of Aspen Development Application Fee Policy The City of Aspen, purs to Ordinance 4, f 19 Series of has established a fee � structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check inctndinv the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the AspeniPitidn Community Development Department Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for StafApprovals which normally take a minimai and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning. when more extensive staff review is required. is Hours are likely to vary substantially from one application to another. Actual staff time spent will be :hated against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Car:ent billings must be paid within 30 days or processing of he application will be suspended. If an applicant has previously failed to pay application fees as required. no new • . or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until ail costs associated with case processing have been paid. Alter the final action on the project any remaining balance from the deposit will be refunded to the applicant Applications which require a deposit must include an Aaeement `or Pay;, ent of fe vex Application Feez. The Agreement establishes the applicant as being must be signed b payment of all associated with purr stng application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for lath use applications is available at the Community Development Department • • C Commitment for Title Insurance Fidelity National 7ftle Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." FidelityNationa / TitlelnsuranceCCcmpeny BY P 0oy / �P T SEAL President (M / I ATTEST I / t "'1 V` ISd15k(17 W1Sa Countersigned Secretary e �. Authorized FORM 27 -83-66 (9/94) ALTA COMMITMENT - 1966 Valid Only if Schedule A and B are Attached The confliom of this commitment require that the premium and themes be paid prior to the issuance ot the dd. pogty(s). Therefore, no polky(s) will be Sued until tie charges have been uemhted to the Issuing agent. FNT -' COMMITMENT H A INSURANCE 1. Effective Date: 12/23/97 at 08:30 A.M. Case No. PCT12515C2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 1,278,000.00 Premium$ 1,388.00 Proposed Insured: Rate:RE -ISSUE RATE PHILLIP A. KENDALL (b) ALTA Loan Policy -Form 1992 Amount$ 600,000.00 Premium$ 70.00 Proposed Insured: Rate:COMPANION NORWEST MORTGAGE, INC., ITS SUCCESSORS AND /OR ASSIGNS 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: BENTON G. SMITH and JENNIFER M. SMITH 4. The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: UNIT 2, TRANS AETERNITATES CONDOMINIUM, according to the Map thereof filed for record June 18, 1981 in Plat Book 11 at Page 67 and as defined and described in the Condominium Declaration recorded June 18, 1981 in Book 410 at Page 139. PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970 - 925 -1766 Provisions and Schedules 970 - 925 -6527 FAX A and B are attached. AUTHORIZED AGENT FNT ' SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Release by the Public Trustee of the, Deed of Trust from : BENTON G. SMITH and JENNIFER M. SMITH to the Public Trustee of the County of PITKIN for the use of : AMERICA'S WHOLESALE LENDER original amount : $300,000.00 dated : December 17, 1997 recorded : December 22, 1997 reception no. : 411821 2. Deed from : BENTON G. SMITH and JENNIFER M. SMITH To : PHILLIP A. KENDALL 3. Deed of Trust from : PHILLIP A. KENDALL to the Public Trustee of the County of PITKIN for the use of : THE LENDER TO BE INSURED HEREUNDER to secure : $600,000.00 4. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of TRANS AETERNITATES CONDOMINIUM ASSOCIATION certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 5. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) FNT SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded August 17, 1889 in Book 55 at Page 5. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 8, 1981 in Plat Book 11 at Page 67. 9. Easement and right of way as set forth in instrument recorded in Book 235 at Page 564. 10. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Exemption Agreement recorded June 18, 1981 in Book 410 at Page 136. 11. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Trans Aeternitates Condominiums recorded June 18, 1981 in Book 410 at Page 139, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 12. All matters as set forth in Shared Sewer Service Line Agreement recorded October 26, 1990 in Book 632 at Page 779. This commitment is invalid unless Schedule B- Section 2 the Insuring Provisions and Schedules Commitment No. PCT12515C2 A and B are attached. FNT ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B- Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89 -2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage ". Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122); (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 form the County treasurer of the County Treasurer's Authorized Agent; (c) 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: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B- Section 2 the Insuring Provisions and Schedules Commitment No. PCT12515C2 A and B are attached.