HomeMy WebLinkAboutLanduse Case.CO.113 Neale Ave.A86-97
~
APII:l,.......!::(.::l '=':;1 ld4; l:::jf---rl U..H.I')<.<<\;:.-loO,o", . ",~., .........,.
~!I ,,~r:ax
11
) ! 1"\,JOh>,
'I ~L
I j ! MEMORA
I II. 1'-. qz,D-'5'Oc..2..
Ju~e An'; 1"oods, Commllnity De F.,.. F..'
cJistopH Bend01l, PWtn~ , ~. J ..JI'
) I I ·
~rroD. t~rkPbc:e COlldomiailJllliudoll 0 ~
:~~~r:- . era- ~
1 I. :, ~
John Kelly of O~~,I<n' "'i~ ~ Gardell$~arcz. P.C., tepres~ ~e~SIlWl ~~es, .
owner, has aPlllied [fbr a Ju lV1Slon exemption fQJ'the condommlumlmtioll of a djJplel<: residen~
lOl:atea at 113 ~el!.f A v..h,e. I .
1 have referred thiSiap~.~l~ 1<) the City Enllinee~ and the applicant has respcn<lold 10 u... .
suggested mOdiflO*rO~~ he draft plat. There exists a landscaping light ill the city ea,se:meot
and on the dver sid/: of ~e development. This is on improvement 1hat was !1llt c:llIlsidered. duriog
th.. original StremJllMa4gjnlReview and tbesub...qocnt StrAm Margin~rnptianiand bas 110 -' A _
approval m:.m t!Ie ~ity.. ~ applic:ant 1m agreed that the City ILls \'he right to req~est the light be ~ I
removed by the IlIll F OWJI~Frlat. such time as fonnall y requested by the City and thal!this plat does ~
not represent aPFCli"'al Of!l e lmprovemel1L I
, I
There are .no, otheo- propOlje impl'll\'elI1ems to the sitol, il is ape:mitted use ill the R, I S Zone . ,
:tt~:~::::t::lint ~::: ::e~:::::diViMn exemptions p~.m to Seetiou
26.88.070. {am re~amm1';fcling approval Qt'this eondominiumi.llatlon, eonti,ng@t ~on final .
recordation, and re4.ol\l1it('* of the Il.pplicaut's aec.eptaoee, below. .
'. Al'PIl.OVEJ:I, ooo4eot uHI'I final reco,da:t!on oithe plllt;
. i II . .
! 1 i
I , \ d.1lte:
I ~ j Julie Ann Woods,.collllt1unitYDevelo~D1zeotor
1.1 ;
A<<;C>>::rTANCE' . : i " i
I, as a Jl" be;;ag Ot representing Ille applieallt, do hereby agree that theJtand.eape light
J""ated in ~e Ci1r of' Aspen Eas$1Xlenl, depillted 011 tbis plat and o:les<:ribe~ in Book 296,
page .307, '("iU be:d.moved in a tim:ely fashion attlle SClleQOsl (>fthe llllld OWl'letul'(>lI the
formal reqVest'by ~e City of Aspen and that the recordiDg of this plat lIOe~ nQt ~~ellt
approval ~tbe i'i'iov"",ell.t. . I,
I ~ I .
I : I I
I I i date I
II Jolm Kelly, Omes LUne:zevich & GanJ.ens!;.tSTt:l, p.C.
! I R.epregentilll! Weigman En~rises. OWllO\l'.
! i !
, I
I
TO:
'fROM'
aE:
DATE:
.
TOri'll.. 1".81
"
"
APR 21 '99 04:18PM O,H.K&G
I"'.
P.1
,-,
OATES, KNEZEVICH & GAlUlENSWARTZ
PF\OFI!SSIONA~ CORPORATION
THIRD FLOOR, ASPEN PLAZA BUJI.OING
533 EAST HOPKINS AVENUE
ASPeN, COLORADO 81611
(970) 920-1700 Telephone
(i70) 920-1121 Te!e1ax
FACSIMILE
T RAN S M IT TAL
........
~
I<
, ~.~.,
fax#:
re:
date:
p~ges:
note:
messllge:
((~
4~
,5' including cover sheet
If you have trouble receiving this fax, please call as soon as possible .1.
"
(JOO
to:
from:
~
_.
./
='-.~. a.~~ ,
,
...-'
-J.k~
,
I Officchollts.are 9:00 4.rn, 12:00 p,m. and 1:00 p,m to 5:00p.m. or, please leave a message ingener.1
delivery on our voice mail sl'stem '
= MESSAGE MAY CONtAIN II'!FORMAnoN THAT III PRlVlLWIW. CONPIOSNl'11J.. AND BXBMPl' FROl>Il>IlICLOStlRJ;; ONDER APPLlCAllLll
U WAND IlIlm'ENDBD ON!.. Y FOR 'l:HI1. tlSBOFTlllillIDMDUAL OR emm TOWlllCll rr IS AD'DllBSSllD, Il' YOU ARE NOTtIlE \NrENDIID
R1lcJPu;m, BMPt.oYl!ll OR A01lN7llE5PON3IllL1l FOlll>.EUYEJlINGnllS 'mANSMlSSION'IO 1'1<6 AlX>RESSEB. YOU AJI.E 1IllllDY NOTll'lBIl
i!lA TAN\' t>18SEMlNATIOl'/. CIS'l'll.lJltlTJON OR. COPYll'IG OF TllIS COMM1Jl'llC'T10N IS =Yl'ROIllBITBD, 'IF YOU !lAVE llECSl'lJlD
THIS COMMUNlCA'l'lON IN llRIlOll. PLEIISENOtll'YUlI1MMl!OIAn;LY llY T2l.lll'l'lO>m.AM1>llErl.lRNTIlllOIUllINAl. MIlSSAGE 'lO US AT
TIm A.BCVS~SS VIA THll.Us. POSTALSElLVlCE. TII!<.N1t YOU.
C:\Du1'lroRMSlO1=FlCE\BllJnl: FlI~ CQvet.wp:t
II
APR 21 '99 04:18PM Q,H,K&G
.1"""\
P.2
~-."
AGREEMENT REGARDING LANDSCAPING LIGHT
, THIS AGREEMENT is made and entered into this day of April. 1999, by and
between WEISMAN FAMILY LIMITED PARTNERSHIP, a Minnesota Limited Partnership
("Weisman") and THE CITY OF ASPENDEPARTMBNT OF COMMUNITY DEVELOPMENT
(the "City").
, RECITALS
A. Weisman has applied for a Condominiumizalion of a duplex residence listed at 113 Neale
Avenue, Aspen, Colorado.
, B. There exillfS a Landscaping Light located in the City of Aspen Easement which was not
considered nor a part of the prior Slream Margin Exemption, and is not approved by the
<;;ity.
C. Weisman and the City hltve made an agreement regarding the existence of such
Landscaping Light.
NOW, TBEJmFORE, in consideration of the mutllal promises and covenants contained
herein, the adequacy and sufficiency of which are hereby adcnowledgCld, the parties hereto agree
as follows:
1. Weisman and the City agree that the Landscaping Light may remain in place in the City
of Aspen Basement (88 recorded in :Book 296 at Page 307 of the records of Pitkin County,
Colorado), and as shown on the Condominium Map for the Herron Park Place
Condominium, until such time 88. the City, in its sole discretion, determines that it should
be removed. Nothing herein shall be interpreted as approval by the City of such
Landllcaping Light.
2: Weisman agrees that it shall, upon thirty (30) days written notice by the City, remove the
Landscaping Light aNi restore the area around the lighl to its prior condition. The
foregoicg notwithstaNiing, it is agreed that any such removal shall be done in the warm
weather months (April - September). In the event Weisman does not remove the
Landscaping Light as required hereunder, the City shall hlWe the right to do so at
Weisman's expense, including any and all cosfll and reasonable attorneys' fees incurred
therein.
H~~ cl '~~ U4'1~~M Q,H,K&G
1"""\
P.3
.~
IN WITNESS WHEREOF, the parties hereto have execuled this Agreement on the day
and year first written above. .
STATE OF COLORADO }
as.
COUNTY OF PITKIN
WEISMAN FAMILY LOOTED PARTNERSHIP, a
Minlle80ta Limited Partnership
By:
John T. Kelly, its Attorney
THE CITY OF AsPEN DEPARTMENT OF COMMUNITY
DEVELOPMENT
By:
Julie Ann Wood<!, Director
The foregoing instrument waa acknowledged before me on the day of April,
1999. by John T. Kelly, as attorney for the WEISMANFAMILY LlM1TBIl P ARTNBRSHIP, a Minnesota
Limited Partnership.
. WITNESS MY HAND AND OFFICIAL SEAL.
My commi.ssionex.pires:
[S~all
Notary Public
. Page 2
Al"l< <::1 ''S'" "'4: 1:;1"11 Q,H,I<:'<G
,. .,,-...,
STATE OF COLORADO}
88,
COUNTY OF PITKIN
1"""\
P.4
. The foregoing instrument was a.clmowledged before me on the day of April,
1999, by Julie Ann Woods, as Director of THE CITY OF AsPEN DEPARTMENT OF COMMUNITY
DEVELOPMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
My colimrission expires:
[Seal]
Notary Public
Page 3
1"....\
!~l
Chuck Roth, 02:17 PM 4/16/99 , Herron Park place Condo Plat
X-Sender: chuckr@comdev
Date: Fri, 16 Apr 1999 14:17:58 -0600
To: joyceo@ci.aspen.co.us
From: Chuck Roth <chuckr@ci.aspen.co.us>
Subject: Herron Park Place Condo Plat
Cc: kathys@ci.aspen.co.us
I got your voice mail message. I took the mylars to Kathy for
recording. I
did not remember that it was you who has the agreement about the
light. She
will need $21 recording fee from John Kelly for the mylars and
recording
fees for the agreement too.
Printed for Joyce Ohlson <ci.aspen.co.us>
1
..J
"
..J
..J
..J
MAR-03-1997 18:39 FROM ASPEN/PITKIN COM DEU
..
~.
r ~;.. '.
TO
~
99201121 P.02
'"S.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLAJ."lNER: Julie AJ1n Woods
DATE~~ /
PROJECT: 113 NeakAve.
REPRESENTATIVE: Rich Orman
OWNER: Family Trust
PhoneIFa.x: 920-1700
TYPE OF APPLICATION: Condominiumization
DESCR1PTION OF PROJECTIDEVELOP!vffi.'-!T: Existing duplex with an ADU. Intend to create two condominiums,
with the ADU attached to one of the units. Will need to see both the condominium plat and the Declaration of covenants.
Requested 3 copies of plans and 1 copy of Declaration.
Land Use Code Section
Section 26.88.070 Condominiumization
Review by: Community Development Director
Public Hearing: No
Referral Agencies: Engineering, Parks, Attorney
Planning Deposit: $245
Referral Agency Fees: $110 (Engineering)
TOTAL DEPOSIT: $ 355.00 (additional hours are billed at a rate of$180/hour)
To apply, submit the following informatioll (items checked):
"
..J
..J
Proof of ownership
Signed fee agreement
Applicant's name, address and telephone number in a letter signed by the applicant, which also stlLtes the name,
address and telephone number of the representative. Include street address and legal description of the property.
Total deposit for review of the application
1 copies of the complete application packet and maps. (see above--3 plats, 1 declaration)
Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of
the Land Use Code sections listed above.
An 8 1/2" b 11" vicinity map locating the parcel willrin the Cit s n.
Site improvement survey, mc u mg a easements, parking (Condominium plat)
Site plan, including landscaping
Floor plans and elevations
List of adjacent property owners within 300'.
Site photos
Copies of prior approvals
'-'"
',~
~-
,-,,-
, ~
.
ATTACHMENT 1
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 43 (Series of 1996), 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 including the deposit for Planning
and referral agency fees must be submitted with each land use application, made payable to the
Aspen/Pitkin Corrnnunity Development Department. Applications will not be accepted for
processing without the required application fee.
A flat fee is collected by Planning for Staff Approvals which normally take a minimal 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, as hours are likely
to vary substantially from one application to another. Actual staff time spent will be charged
against the deposit. After the deposit has been expended, the applicant will be billed monthly based
on actual staffhours. Current billings must be paid within 30 days or processing of the 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 all costs associated with case processing have been paid.
After 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 Agreement for PaYment of DeveloJ,1ment
ApJ,1lication Fees. The Agreement establishes the applicant as being responsible for payment of all
costs associated with processing the 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 land use applications is available at the Community Development
Department.
"!,-- .",
.Ifl'I"'." 1 ~ ~,
r .--, ~~
CERTIFICATE OF OWNERSHJ..'
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that WEISMAN FAMILY LIMITED PARTNERSHIP, A
MINNESOTA LIMITED PARTNERSHIP is the owner in fee simple of the following
described property:
AS SET FORTH IN GENERAL WARRANTY DEED RECORDED DECEMBER 1, 1995 IN BOOK 801 AT
PAGE 237 ATTACHED HERETO.
COUNTY OF PITKIN, STATE OF COLORADO.
ENCUMBRANCES: DEED OF TRUST FROM: WEISMAN FAMILY LIMITED PARTNERSHIP, A
MINNESOTA LIMITED PARTNERSHIP
TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN
FOR THE USE OF WILLIAM E. WEISMAN
TO SECURE 2,500,000.00
DATED JUNE 30, 1995
RECORDED JANUARY 1, 1996
RECEPTION NO. 388761
Subject to easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITK
ignature
BY:
CERTIFIED TO. FEBRUARY 14, 1997 @ 8:30 A.M.
'.
"
r"...-,
".
."".
r",1")
1 GENERAL WARRANTY DEED
/:0
& ~~ Best Vendors Co., a Minnesota corporation. as a contribution to capital in exchange for
~ ~ Q. partnership interests, hereby transfers and conveys to Weisman Family Limited Partnership, a
~ a: ~ Minnesota limited partnership, whose address is c/o Weisman Enterprises, Inc., 2626 W. Lake
?= ~ ~ Street, Minneapolis, MN 554l6, real property in the County of Pitkin, State of Colorado, to wit:
o! ~~ A tract of land in Section 7, Township 10 South, Range 84 West of the 6th Principal
Q .l. Meridian being a part of the East Aspen Addition Townsite more particularly described
as follows:
Beginning at a point being 353.76 feet South 08041'20" East from Corner 26, East Aspen
Townsite, a 1954 Bureau of Land Management Brass Cap, and. 416.60 feet North
l7054'30" West from the South Quarter Corner of Section 7, Township 10 South, Range
84 West of 6th Principal Meridian (1954 Brass Cap) on the Westerly line of property
described in Book 199 at Page 359, of the Pitkin County Records; thence North 530l4'
West l52.29 feet; thence South 55037' west 105.42 feet to the East boundary of Herron
Park; thence along the Easterly boundary of Herron Park on the following three (3)
r6 courses: South 62020' East 101.07 feet; thence South 13037'30" Wesl 128.28 feet; thence
t6 South 44027' East 24.23 feet to the Northwesterly right of way line of Neal Avenue;
~ 0' thence North 400l4'45" East 205.82 feet along the Northwesterly right of way line of
i5 i ~ Neal Avenue to the Point of Beginning;
~ with all appurtenances and. warrants title to the same SUBJECT TO AND EXCEPTING: General
. ~ ~es for the year 1995 not yet due or payable; right of way for ditches or canals constructed by
~ to; ~the authority of the United States as reserved in Patent recorded in Book 185 at Page 69; easement
~ a: Vi and right of way for recreational as set forth in Deed recorded February l8, 1975 in Book 296
l-f ~ ~ at Page 307; terms, conditions, provisions and. obligations as set forth in Sidewalk:, Curb and
tl ><: ~.$kJutter Improvemenl Agreement recorded May 19, 1994 in Book 750 at Page 960; terms,
lliI P .:::.conditions, provisions and obligations as set forth in Accessory Dwelling Deed Restriction
recorded May 23, 1994 in Book 75l al Page 257; and terms, conditions, provisions and
obligations as set forth in Temporary Easement Agreement recorded June 5, 1995 in Book 782
at Page 661.
Dated as of June 30, 1995
<
BEST VENDORS CO., a Minnesota
corporation
~
By ,
R rt S. Soskin
Its Chief Operating Officer
387857 B'--801
SILVIA Df:.WI,,,,
P-237 1?/01/95 02:49P PG 1 OF 2
- . PIT~iN ~OUNTY CLERK & RECORDER
REC
11.0(11
DOC
!\IC
~, 10..~
,,-... ,-.
,-"t""'\
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
~ foregoing General Warranty Deed was acknowledged before me this ~IK day of
'(ttt.~,fl"" ,1995, by Robert S. Soskin, the Chief Operating Officer of Best Vendors Co.,
'~os:;:~~OO_fOf~~_
lftNoTARYPUBL'C-~~~~~NJ Notary Public
~ ANOKA COUNTY A
...u .~Carnm......."." 31 2llOO
.._--.-.~^.... -;..."........-j.. ~...
40364\2\warranty
3E\UJ57
8'-.901 P....;2,:~13
.1.,::'/121)./95 @2:;t9P PG ;2
OF 2
2
-;
..-...
r-
LAW OFFICES OF
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
LEONARD M. OATES
RICHARD A. KNEZEVICH
TED O. GARDENSWARTZ
TELEPHONE (970) 920-1700
FACSIMILE (970) 920-1121
e.mailohkg@rof.net
November 25, 1997
DAVID B. KELLY
RECEIVED
JOHN THOMAS KELLY
~O'J 2 S \997
Ms. Julie Ann Woods . . N
. Ii'.I
Department of Communit% ~\!mil3lQ\lMENT
130 S. Galena St. CO UN
Aspen, CO 81611
OF COUNSEL:
Re: CondominiumiZDiion of Existing Duplex Herron Park Place Condominiums
Dear Ms. Woods,
Enclosed herewith please find the following:
1. Pre-application Conference Summary
2. Proof of Ownership
3. Letter signed by Applicant (w/name, address, phone #, name of representative
w/address, phone # and property description)
4. Recorded Accessory Dwelling Unit Restriction
5. Signed Fee Agreement
6. Condominium Declaration (3 copies)
7. Applicant's check for $355.00
8. Condominium Map (3 copies)
As you are aware from the Pre-application process, this is an application on behalf of our
client, the Weisman Family Limited Partnership, for the condominiumization of an existing duplex
located at 113 Neale Street, Aspen, Colorado, 8l6ll. I believe that the above-referenced disclo-
sures address all of the requirements of Sections 26.88.070 and 26.52.030 of the Code. Please feel
free to contact me with any questions or comments you may have.
Thank you for your kind cooperation in this matter.
Very truly yours,
OATES. KNEZEVICH & GARDENSWARTZ. p.e.
By: ~(l~@
Richard A. Knezevich .
RAK/elh
Enclosures
W:\JTK\Weisman\woods 102711r.wpd
.- ,#
..,),
~,.,
-,'-:,;,
t"'""\
~
November 6, 1997
City of Aspen
Department of Community Development
130 South Galena
Aspen, CO 81611
Attn: Julie Ann Woods
RE: Condominiumization of Existing Duplex with ADU at 113 Neal Street, Aspen
Ladies & Gentlemen:
The undersigned hereby authorizes the law firm of Oates, Knezevich & Gardenswartz,
P.C., 533 East Hopkins Ave., 300 Floor, Aspen, Colorado, 81611 (Ph (970) 920-1700; Fax (970)
920-1121) to represent the undersigned in the application for condominiumization of an existing
duplex located at 113 NeaeStreet; Aspen, Colorado, 81611, and more fully described on Exhibit
"A" attached hereto.
Very Truly Yours,
WEISMAN FAMILY LIMITED PARTNERSHIP
A Minnesota L' ited Partnership
By:
William E. Weisman, General Partner
c/o Weisman Enterprises
2626 West Lake Street
Minneapolis, MN 55416
(612)928-1111
RAK/elh
Allschment
W:IJTK\Weisman\eity 1027ltr.wpd
~.:;" ~ ""'....
r'\
~
.
EXHIBIT A
A tract of land in Section 7, Township 10 South, Range 84 West of the 6th Principal
Meridian being a part of the East Aspen Addition Townsite more particularly described
as follows:
Beginning at a point being 353.76 feet South 08041'20" East from Comer 26, East Aspen
Townsite, a 1954 Bureau of Land Management Brass Cap, and 416.60 feet North
17054'30" West from the South Quarter Comer of Section 7, Township 10 South, Range
84 West of 6th Principal Meridian (1954 Brass Cap) on the Westerly line of property
described in Book 199 at Page 359, of the Pitkin County Records; thence North 53014'
West 152.29 feet; thence South 55037' west 105.42 feet to the East boundary of Herron
Park; thence along the Easterly boundary of Herron Park on the following three (3)
courses: South 62020' East 101.07 feet; thence South 13037'30" West 128.28 feet; thence
South 44027' East 24.23 feet to the Northwesterly right of way line of Neal Avenue;
thence North 40014'45" East 205.82 feet along the Northwesterly right of way line of Neal
Avenue to the Point of Beginning;
COUNTY OF PITKIN,
STATE OF COLORADO.
\\Raks\data\CUENTS\Weisman, WilIiam\Exhibit A legal description,wpd
~
I '
"~'...
,.~. ~
,-"'~",'"
r: '\.. '",,"
", .,. ."
J,::;
~
;".;
;
370329 8-751 P,.257 OS/23/94 111 05~ I~G .1 OF 4
SILvIA DAVIS PITKIN COUNT V ClE~ t. RECORDER
q
REC
20.00
DOC
...
ACCESSORY DWELLING UNIT Dllb aBSTRICTION
l'UUUNl'.r TO SBCTION 5-510 01' TJr.B
ASPEN CITY .LAN\) USEd,CODR,
AND aBSOLUTION NO. 94-2
','
THIS ACCESSORY DWBLI.ING UNIT DBBD~ aBl!TR,ICTION is made and
entered in::;o this :)..2 f4- day of tnfA.~ ~. , 1994, by Jeffrey
Shoaf and Margaret Paul ("Coventor" ,fo,r ;itself, lts successors and
assigns, for the benefit of the City of Asp,ell, Colorado, a
municipal corporation, and the Aspen/Pitkin County Housing
Authority, a multi-jurisdictional hous{Jlg authodty established
pursuant to the NfENDED AND RESTATED INrERGOVE~~TAL AGREEMENT
recorded in Book 605 at Page 751 of t~e records of the pitkin
C01Jnty Clerk and IIecorder's Office ("Aut.hority").
:~
r
k1
1fKBaBA8, Cov/~ntor owns that parcel ot: real property located at
11:'\ Neal Avenue, in the City of Aspen, County of Pitkin, Colorado,
more specifically described as Exhibit "A" attached to and
incorporated' herein upon which is si~uate 1\ duplex, with an
attached studio a~c~ssory dwelling unit On one of the duplex units,
ancl shall be approximately 3'0 net livei\ble square feet ("Unit") I
and ' . h
~;
,
WHEaBAS, Coventor agrees to acc~pt and impose certain
condi ticns on its use and occupancy of, the unit as an ar.cessory
dwelling unit under the Aspen Municipal~fode.
NOW, THEaBPORE, in consideration.o~the mutual pl:'omises and
obligations ccmtained where, the Coven~or hereby covenants and
agrees as follows: ,.
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing
"resident-occu;>ied" dwelling units.
~""
,,..
<.?' .
..
.
l
.
;.
;.i!
2. Coventorneed nClt..rent the Urlit.l however, when rented, only
qualified residents, as defined in the Housing Guidelines,
shall reside therein and all rental terms shall be fore a
period of not less than six (6) consecutive months. Coventor
shall maintain the right to select the qualified resident of
its own choo!~ing when renting the Unit. An executed copy of
all le,ases f/:lr the Unit shall be submitted to the Authority
within ten (10) days of the approval of a qualified resident.
3. The covenants and limitations of this deed restriction shall
run with and be binding on the land for the benefit of the
City of Aspnn and the Authority, either of whom may enforce
the provisiuns .thereof thro'.lgh any proceedings at law or 1n
equity, including eviction of nnn-complying tenants.
.;v.,.:
,:~
t
I
I
I
I
,
','. ~'\IJ
,...,.. 'Cl ~
-wM)'
~
~ ~~'-~~~. .'
"..-
',<" (1\
4. It is understood and agreed by the Coventor that no waiver of
a breach of. any term or condt,tion as contained in this deed
restriction shall be construed to be a waiver of any breach of
the same or other ten or condition, nor shall failure to
enforce anyone of the ':ens or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
IN WITNESS HBREOF, Coventor has p~ced its dUlghorized
signature hereto on the date as described above'M ) I
COVE (S) : 1M a W
V'\:"
By:
Jef rey
~ailing Address:
P.O. Box 3123
Aspen, CO 81612
STATE OF COLORADO
)
)
ss.
COUNTY OF PITKIN
The
day of
Maraaret
370329
official seal.
-;l,Z:J. ?U
Oa e
7
foregoing instrum~7f.
meA'" , 19 '1' ,
~-,'I
WITNESS MY hand and
My Comrlission expires:
It-
was acknowledged before me this k1
by JeffrevShoaf for himself and for
, ...... .'
, . 'f
.1 .;." ~
'". ~ ," . " "':,.
.J ~ '" ~\GT4 .-:.'~.
...... . ___ "1 " . .1\._ .\'
~.,:,"~',I(' ~~.. :...~;-
t.l .,.:....,. II C'/ .'
~:. ". ,..",;,
X.J" ........ ~) .,'
_"";'ll\.~'(\r..,
~....#<. .# ,\
~..........,....,
9-751 P-258 OS/23/94 11105A PG 2
OF 4
.
t~
,
...
"
I'
!
l'
I
t
(.'~
f'
i,
!
2 ~
.
~
,
.
r
.
r'\
.--"
.
Ii
.1';,
.,
, "
:',
ACCltPTUCI BY THI HOUIIKG AUTHORITY
)
,,:
The foregoing agreement and its terms
Aspen/Pitkin County Housing Authority.
THE AS~EN/PITKIN COUNTY
HOUSING AUT ORITY
By:
are accepted by the
'~
,.
:', .1
.
Mailing Address:
530 East Main Street, suite 001
Aspen, CO 8161.1
STATE OF COLORADO
ss.
My Commisaion expires:
\wcrk\dr\shOllf.odu
t:
"J
"1
'\1 -"0,
~"( Ii';'f ....
.. '\'. . '~I', ""~
, " .
. .' .. ~
. . 1\0"',':"
: i", ~..,'.-
ll..,t~ ~. '-1'~ ,.,:..
. .......,
. . C' c
\\~, '. Illfe ... t.
. ": ~., .. .'. ...:
". ..,~ '." " "",0,..-
'f- . ,-",,,
',l'Cl.~,'" ,\,..'
.........,.."t...
'.
OF 4
371)329
B-751 p'-259 OS/23/94 11105A FG 3
.
,
':
3
~
'j
..
:~.~
'.!
.1"'"\
'... ........ "
~~.~.,
'~";~ai'~~
". ~
, &wyers1itle
Insurance @p'oration
.... ."
I
\
. .t t;
.
':\
"
,
..
NATIONAL HEADQUARTERS
RICKIAC.HD, VI~GIKIA
EXHIBIT "A"
LP.GAt DEsc~rPTION
h Tract 0: r,anc1 ~n Section 7, ~ownshrp 10 South, l\<lngc 8~ He::'.;
6th Pr.1nc.1pal Meric11an 1:Ie1ng a par'\: of the EAC'\: Aspen Atidi'l:!:':>
mere part1cularly describec1 liS tollo~s:
of the .
~own.1 te 1
"
Deginning at <l point being 353.76fec1: South Oe...l'20" E...:;'': :::0J!i Corner (~
2G, East Aspen TOh-ndte, a 191)4 Burei:lu of Lanci Kanagcl:lent S:;':lSS Cap, '.
ll.!'l1 416.60 feet Horth l7.5"30" West froll'. the South Qu~:'te;- Corn~r of
Section 7, To....nship 10 South, Range 64 West of the 6th P:~;;.:~=,al
Meridian (1954 31'8$$ Cap) on the Westerly line of propert~. d..scribc::d in
aook 19~' at POlge 3!19, of the P1tl:1n County Recorclo;
thenc& North !l3.14' Wost 152.59 f~ct;
thence South !l5.37' West 105,42 feet to the ~Q$t bo~,ciary of Scrron
Park; .
thence along the Easterly boundary ct. Herron Park on the fcllo~l;ln!7.
three (3) courses:
South 62"20' E<lst lOl.07tcet;
th,mce South 13.37'30" West 128.28 feet;
thenee South ".27' East 24.23 feet to the liorthwcste::-ly r.l.!j~it of way
line o~ Neal Avenue:
thence North 40'14"~" Eo:;t 205.82 '~cct ;::~ong the. North..'c::terly right
of way line of Neal.Aven~e to the Point of Bcginnin~.
370329
8-751 P-260 OS/23/94 11:05A .PG 4
OF 4
.'
COUNTY OF PItKIN,
STATE OF COLORADO
"
,',,,',
)
-,
,
.,
~
,
~~
~'
;
G.0.tht-ft:-
'.
.' .
.....
.~'. ..
.....
'.. "-'.' .~.. .... .,"":'..i:;.....:.."'....;.,~.:..::if.:':,;-rl'>~~.~..,..:.1.:'.1;:..;,,~t1:a':"':.:,..~\'-:~..i:.-::1~~.1:..\'. ...... ... ~'...,~.I_....H...,..I__
TCtTA:.. F'.t'4
r--.
~
~
.'
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(please Print Clearly)
WEISMAN FAMILY LIMITED PARTNERSHIP, a
CITY OF ASPEN (hereinafter CITY) and / Minnesota limited partnership
(hereinafter APPLICAN1) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for condominiumization
of an existing duplex (hereinafter, THE PROJEC1).
2. APPLICANT Wlderstands 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. A..PPLICANT 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 to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. 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.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City COWlcil to make legally required fmdings for project
approval, 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 amoWlt of$ 355 which is for 2 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, including
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.
s~
Community Development Director
City of Aspen
APPLICANT: WEISMAN FAMILY LIMITED PARTNERSHIP,
. ~m".' ,,"m.,,",
SIgnature: B ~
Date: . William E. Weisman, General Partner
Printed Name:
Mailing Address: c/o Weisman Enterprises
2626 West Lake Street
Minneapolis, MN 55416
,.....,.
I)
CONDOMINIUM DECLARATION
OF
HERRON PARK PLACE CONDOMINIUMS
Name of the Common Interest Community: Herron Park Place Condominiums
Name of the Association: Herron Park Place Condominium Association
Persons executing the Declaration: William E. Weisman, as General Partner of Weisman Family
Limited Partnership, a Minnesota Limited Partnership
Legal Description of Property: A tract of land in Section 7, Township 10 South, Range 84 West of
the Sixth Principal Meridian being a part of the East Aspen Addition Townsight more particularly
described as beginning at a point being 353.76 feet South 08041'20" East from Corner 26, East Aspen
Townsite, a 1954 Bureau of Land Management Brass Cap, and 416.60 feet North [7054'30" West
from the South Quarter Corner of /Section 7, Towhship lO South, Range 84 West of the 6th Principal
Meridian (1954 Brass Cap) on the Westerly line of property described in Book 199 at Page 359, of
the Pitkin County Records; thence North 53014' West 152.59 feet; thence South 55037' west 105.42
feet to the East boundary of Herron Park; thence along the Easterly boundary of Herron Park on the
following three (3) courses: South 62020' East 101.07 feet; thence South 13037'30" West 128.28 feet;
thence South 44047' East 24.23 feet to the Northwesterly right of way line of Neal Avenue; thence
North 400l4'45" East 205.82 feet along the Northwesterly right of way line of Neal Avenue to the
Point of Beginning.
C:\Data\CUENTS\Weisman, William\condomil1ium declaration.wpd
1""""-.
("'"'\
CONDOMINIUM DECLARATION
OF
HERRON PARK PLACE CONDOMINIUMS
THIS DECLARATION is made as of , 1997, by William E.
Weisman, General Partner of Weisman Family Limited Partnership, a Minnesota limited partnership
(the "Declarant").
RECITALS
A. Declarant is the owner of the following described real property in the City of
Aspen. County of Pitkin, State of Colorado (herein. the "Real Property" or "Common Interest
Community"): A tract of land in Section 7, Township 10 South. Range 84 West of the Sixth Principal
Meridian being a part of the East Aspen Addition Townsight more particularly described as beginn ing
at a point being 353.76 feet South 08041 '20" East from Corner 26, East Aspen Townsite, a 1954
Bureau of Land Management Brass Cap, and 416.60 feet North 17054'30" West from the South
Quarter Corner of /Section 7, Towhship 10 South, Range 84 West of the 6th Principal Meridian (1954
Brass Cap) on the Westerly line of property described in Book 199 at Page 359, of the Pitkin County
Records; thence North 53014' West 152.59 feet; thence South 55037' west 105.42 feet to the East
boundary of Herron Park; thence along the Easterly boundary of Herron Park on the following three
(3) courses: South 62020' East 101.07 feet; thence South 13037'30" West 128.28 feet; thence South
44047' East 24.23 feet to the Northwesterly right of way line of Neal Avenue; thence North 40014'45"
East 205.82 feet along the Northwesterly right of way line of Neal Avenue to the Point of Beginning.
B. Declarant wishes to create a Condominiwn Common Interest Community in
which portions of the Real Property are designated for separate ownership and the remainder of which
is designated for common ownership solely by the owners of the separate ownership portions.
THEREFORE, Declarant states as follows:
ARTICLE 1
SUBMISSION; DEFINED TERMS
Section 1.1. Submission of Real Property. Declarant hereby declares that all of the
Real Property is hereby made subject to the following easements, restrictions, covenants and
conditions which shall run with the Real Property and be bindi ng on all parties having any right, title
or interest in the Real Property or any part thereof, their heirs, legal representatives, successors and
assigns. and shall inure to the benefit of each owner thereof. Declarant hereby submits the Real
Property to the provisions of the Colorado Common Interest Ownership Act, C.R.S. ~ 38-33.3-101,
et seq., as amended from time to time (the "Act"). In the event the Act is repealed, the Act as existing
immediately prior to its repeal shall remain applicable.
-1-
I""""-
I""""J
Section 1.2. Defined Terms. Each capitalized term not otherwise defmed in this
Declaration or on the Plat of the Herron Park Place Condominiums of record (the "Plat") and used
herein or on the Plat shall have the meanings specified or used in the Act.
ARTICLE 2
NAMES; DESCRIPTION OF REAL PROPERTY
Section 2.1. Names.
(a) Common Interest Community. The name of the Common Interest
Community shall be Herron Park Place Condominiums.
(b) The name of the Association is the Herron Park Place Condominiums
Association, an unincorporated association.
ARTICLE 3
THE ASSOCIATION
Section 3.1. Authority. The business affairs of the Condominium shall be managed
by the Association.
Section 3.2. Member Groups. The Association shall have two (2) member groups,
the River Unit Member Group which is attached to River Unit and the Park Unit Member Group
which is attached to the Park Unit. Membership in the Association shall be automatic on the part of
any individual(s) or entity(ies) acquiring an ownership interest in a U nit and shall automatically cease
when such individual(s) or entity(ies) no longer have an ownership interest therein.
Section 3.3. Powers. The Association shall have all of the powers, authority, duties,
rights and benefits permitted to an unincorporated association pursuant to the Act. Except as otherwise
provided in this Declaration, when approval of the members of the Association is required, the
Association may only act upon the unanimous consent of its River Unit Member Group and its Park
Unit Member Group, and neither Member Group acting alone shall have the power to act for or bind
the Association.
Section 3.4. Executive Board. Except as otherwise provided in this Declaration or as
required by the Act, the Association shall act through its Executive Board. The Executive Board will
consist of two (2) directors. The River Unit Member Group and the Park Unit Member Group shall
each appoint one (1) director. Except as otherwise provided in this Declaration, the Executive Board
may only act by unanimous decision, subject to the terms set forth in Section 3.7 below.
Section 3.5. Notice to Owners. Any notice to an Owner of matters affecting the
Condominium by the Association or by another Owner shall be sufficiently given if such notice is in
writing and is delivered personally, by courier or private service delivery or by regular first-class
postage prepaid mail delivery. All notices so given shall be considered recei ved on the third business
day after deposit in the mails regular first-class postage prepaid, at the address of record for real
C:\Data\CLlENTS\Weisman, William\condominium declaration.wpd
-2-
1""'.
.~
property tax assessment notices with respect to that Owner's Unit or two business days after delivery
to a courier or private service delivery. Any notice personally delivered shall be deemed received on
the date of such delivery.
Section 3.6. Waiver of Lien Priority Rights. Declarant and each Owner understands
and intends, by use of an unincorporated association, that the Association will not have the benefit of
lien priorities provided in the Act for incorporated associations.
Section 3.7. Deadlock.
(a) Definition. "Deadlock" shall mean a written statement that there is a
"Deadlock" made by a member of the Executive Board to the other member of the Executive Board
after a formal vote in which one member of the Executive Board votes for or against a proposition and
the other member votes differently or refuses to vote, concerning any matter presented to the Executive
Board.
(b) Breaking a Deadlock. In the event of a Deadlock, the Executive Board
shall take another vote on the proposition. If that vote is not unanimous, then a decision that resolves
the Deadlock issue shall be made by the owner of the River Unit.
ARTICLE 4
UNITS
Section 4.1. Number of Units. The number of Units in the Common Interest
Community is two (2).
Section 4.2. Identification of Units. The identifying name of each Unit is shown on
the Plat.
Section 4.3. Unit Boundaries. The boundaries of each Unit are located as shown on
the Plat.
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS
Section 5.1. Common EJlPenses. The only Common Expenses of the Association are
for (a) Maintenance, as defined in Section 6.1 below, and (b) Insurance, as defined in Section 6.2
below.
Section 5.2. Creation of Association Lien and Personal Obligation to Pay Common
El\Pense Assessments. Each Owner, by acceptance of a deed to its Unit, shall be deemed to covenant
and agree to pay to the Association annual Common Expense assessments. Such assessments shall also
include late charges, attorney fees and costs of collection charged by the Association. All Common
Expense assessments shall be the personal obligation of the Owner at the time when the assessment
becomes due. No Unit Owner shall convey its Unit unless and until all sums due the Association and
C:\Data\CUENTS\Weisman, William\condominium declaration.wpd
-3-
~
~
not assumed by the transferee are currently paid. The Common Expense assessments shall be a
continuing lien upon the Unit against which each such assessment is made and is subject to the
Association's right to foreclose as provided by the Act. Acceleration of an y installment of the annual
Common Expense assessment shall be in the Association's sole discretion on a case by case basis.
Section 5.3. Ap.portionrnent of Common Expenses. Common Expenses shall be
assessed against the Units equally.
Section 5.4. Annual Assessment/Commencement of Common Expense Assessments.
The Common Expense Assessments shall be based upon the Association's advance budget of the cash
requirements needed by it to provide Insurance and Maintenance during such assessment year.
Section 5.5. Special Assessments. A special assessment is any assessment that is not
levied pursuant to an approved budget. The Association may levy one or more special assessments
only to provide, with respect to the General Common Elements, for liability claims or for repair or
replacement, to the extent not covered by Insurance, or to provide for extraordinary Maintenance, if
the Executive Board so determines.
Section 5.6. Effect of Non-Payment of Assessments. Any assessment provided for
in this Declaration. or any installment thereof, which is not fully paid within fifteen days after the due
date thereof shall bear interest at the rate of twenty-one percent (21 %) per annum. Further, following
ten (10) days' notice in writing given to the Owner. the Association may bring an action at law or in
equity, or both. against any Owner personally obligated to pay such overdue assessment, or may
accelerate the due date for payments of all installments remaining for the budget year, and may also
proceed to foreclose its lien against such Owner's Unit. The Owner shall have the right, until the date
of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the
amount due, including interest and costs. An action at law or in equity by the Association against an
Owner to recover a money judgment for unpaid assessments or installments thereof, may be
commenced and pursued by the Association without foreclosing, or in any way waiving, the
Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions
of Article 3 above need not apply and the non-delinquent Owner, acting alone, shall have the right in
the name of the Association and on its behalf or, as may be necessary, in the name of such non-
delinquent owner, to do and pursue all things that the Association is authorized to do under this
Declaration in the case of a delinquent assessment.
ARTICLE 6
MAINTENANCE AND INSURANCE
Section 6.1. Maintenance.
(a) Association's Responsibility. The Association shall be responsible for the
maintenance and repair (including removal of snow, leaves and debris, "Maintenance") of all those
portions of the Common Interest Community whose maintenance and repair has not been assigned to
the Owners by the remaining provisions of this Section 6.1. Additionally, the Association shall, unless
all members agree otherwise, cause the exterior improvements on the Real Property to be painted at
C:\Data\CLIENTS\Weisman, William\condominium declaration. wpd
-4-
r-
!'""'\.
least every five (5) years to assure the first class quality appearance thereof and shall, to the extent
practicable, employ the same maintenance personnel for the Units and the General Common Elements.
(b) Owner's Re&ponsibility. For purposes of maintenance, repair, alteration
and remodeling, an Owner shall be deemed to own, and shall have the right and the obligation to
maintain, repair, alter and remodel the interior non-supporting walls, the materials making up the
finished surfaces of the perimeter walls, ceilings and floors within the Unit, as well as the doors and
windows of the Unit, and the Limited Common Elements reserved for the exclusive use of the Owner
of the Unit. Notwithstanding the foregoing, without the prior written consent of all Owners, no
Owner shall (a) make any changes or alterations of any type or kind to the exterior surfaces of any
doors or windows, (b) modify or alter the appearance or color scheme of the exterior improvements
as they may exist from time to time by agreement of the Owners, or (c) modify or alter any
landscaping now or hereafter installed within the Common Interest Community. An owner shall not
be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Utilities")
running through such Owner's Unit but which serve both Units, except in common with all Owners.
Each Owner shall, at such Owner's sole cost and expense:
I. keep and maintain in good order and repair the equipment and those Utilities located in suc h
Owner's Unit, which serve that Unit exclusively;
ii. replace any finishing or other materials removed with materials of similar type, kind and
quality ;
iiL maintain in a clean, safe and attractive condition and in good repair the interior of such
Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto.
and that portion of the roof serving such Unit;
iv. maintain in a neat and clean condition, free and clear of snow, ice and water accumulation
all the decks, yard, porches, balconies or patio areas, which have elsewhere in this Declaration been
reserved to and for the exclusive use of such Owner, including the Limited Common Elements that
have been so reserved.
Section 6.2. Insurance.
(a) Association's Insurance. The Association shall maintain property
insurance on the General Common Elements for not less than the full insurable replacement cost
thereof and commercial general liability insurance in such minimum amounts as the Executive Board
may establish from time to time, as provided by C.R.S. ~ 38-33.3-313 of the Act, the provisions of
which are incorporated herein by this reference. Each such insurance policy shall be written with an
insurance company licensed to do business in the State of Colorado and shall have a rating of "A" or
better as shown in the published rating of AM Best Company.
(b) Owners' Insurance. Each Owner shall maintain such property and
liability insurance with respect to its Unit as such Owner may establish from time to time. Each
Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the
insurance company waives all right of recovery by way of subrogation against other Owners and the
Association in connection with any damage covered by any policy.
C:\Data\CUENTS\Weisrnan, William\condominium declaral:ion.wpd
-5-
,I""",
i"""'I
(c) Waivers. Subject to obtaining the waiver of subrogation endorsement
required by the Act, the Owners release each other and the Association, and their respective authorize d
representatives, from any claims for damage to any person or to the Units that are caused by or result
from risks insured against under any insurance policies carried by the Owners or the Association and
in force at the time of any such damage.
(d) Obli~ation to Repair or R~lace. In the event of a casualty with respect
to the General Common Elements, the Association shall repair or replace the improvements as
necessary to restore them to their condition before the casualty event. As provided by the Act, the
proceeds of the insurance carried by the Association shall be used for such purpose and the Association
shall be the trustee to receive the insurance awards and cause the repair or replacement to be
accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the
amount necessary to effect such restoration as determined by the Executive Board shall be a Common
Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the
Executive Board shall reallocate such assessment between the River Unit and Park Unit Member
Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately
to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the
misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and
such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit.
Section 6.4 Restoration Upon Condemnation.
(a) Total Takin~. In the event of a taking of the total Real Property by
eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's
Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After
acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the
Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners
shall vacate the Units as a result of such taking.
(b) Partial Takin~. In the event of a partial taking of the Real Property by
eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall
be entitled to receive the a ward of such taking and after acceptance of the award of the taking by the
Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested
of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit
or portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed
and, if necessary, the Declaration shall be amended to reflect such taking. If the taking includes all
or a portion of the General Common Elements then, unless the Owners decide not to rebuild, the
remaining General Common Elements shall be restored by the Association using the condemnation
proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount
necessary to effect such restoration as determined by the Executive Board shall be a Common Expens e
assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive
Board shall reallocate such assessment between the River Unit and Park Unit Member Groups to the
extent that the restoration benefits do not benefit both Units substantially proportionately to their
allocated interests.
C:\Data\CUENTS\Weisman, William\condominium declaration. wpd
-6-
,-.,
,-.,
ARTICLE 7
RESTRICTIONS ON USE
Section 7.1. No Chan~e of Exterior. No Owner shall make any changes to the exterior
of the buildings comprising the Condominium Units or any exterior Conunon Element without the
prior written consent of the other Owner.
Section 7.2. Nuisances and Negli~ence: Environmental Conditions. There shall be
no noxious or offensive activities carried on, in or upon any Unit or Conunon Element, and no loud
noises or noxious odors shall be permitted anywhere in the Conunon Interest Conununity. Nothing
shall be done in the Conunon Interest Conununity which may be or become an wrreasonable annoyance
or a nuisance to any other Owner or any occupant of any Unit. The Executive Board shall have the
right to determine if any activity, noise or odor constitutes a nuisance or annoyance; provided,
however, that nothing shall prevent any Owner from enforcing the provisions of this Article by
bringing suit or otherwise. No Owner or occupant of any Unit shall permit or cause anything to be
done or kept on the Condominium which will increase the rate of Insurance or which will result in the
cancellation of such Insurance. Each Owner shall be accountable to the Association and the other
owner for the uses and behavior of its tenants or guests.
Section 7.3. Structural Integrity. Nothing shall be done to any Unit or the Conunon
Elements that will impair the structural integrity of any improvements on the other Unit or the
Conunon Elements unless prior written unanimous authorization is obtained from the Executive Board
or from the other Owner, as appropriate.
Section 7.4. Restriction Upon Occupancy. Each Condominium Unit shall be used and
occupied solely for, except as the Owners might otherwise agree, residential purposes only, and except
as provided in this section, no trade or business of any kind may be carried on therein. No lease or
rental of a Condominium Unit shall be permitted, except for one rental per calendar year by each
Owner, which lease or rental shall be for a period of not less than three (3) months.
Section 7.4. No Unsi~tliness. No unsightliness or waste shall be permitted on or in
any part of the Conunon Interest Conununity. Without limiting the generality of the foregoing, no
Owner shall keep or store anything on or in any of the General Conunon Elements. No Owner shall
have, erect, affix or place anything on any of the General Conunon Elements (except for decorative
items within the Owner's Unit), and nothing shall be placed on or in windows or doors of Units which
would or might create an unsightly appearance. All trash shall be collected in areas de signated by the
Association. No wiring, television antennae or satellite dish, or other items may be installed which
protrude through windows, walls or roof areas, except as expressly authorized by the Association or
this Declaration.
Section 7.5. No Violation of Rules. No Owner and no Owner's tenants, guests or
invitees shall violate the rules and regulations adopted from time to time by the Association, whether
relating to the use of Units, the use of General or Limited Conunon Elements, or otherwise.
C:\Daca\CUENTS\Weisman, William\condominium declual:ion.wpd
-7-
("""\
~
Section 7.6. Owner Caused Damaies. If, due to the act or neglect of an Owner or
such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property,
including the Conunon Interest Conununity or any Unit thereon, such Owner shall be liable or
responsible for the same, except to the extent that such damage or loss is covered by insurance
obtained by the Association, and the carrier of the insurance has waived rights of subrogation against
such Owner. The amount of such loss or damage may be collected by the Association from such
Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount
(including reasonable attorneys' fees) shall be secured by a lien on the Condominium Unit of such
owner, as provided herein above, for assessments or other charges.
Section 7.7. Parking of Vehicles. Parking of any and all vehicles on the Conunon
Interest Conununity shall be only on the areas designated for parking and subject to the rules and
regulations of the Association. The Association shall have no responsibility for damage done to
automobiles parked on the Conunon Interest Conununity.
Section 7.8. Restrictions on Parkini and Storaie. No part of the Conunon Interest
Conununity, including the driveways or parking areas, unless specifically designated by the
Association therefor, shall be used as a parking, storage, display or acconunodation area for any type
of trailer, camping trailer, boat trailer, hauling trailer, running gear, boat or accessories thereto, truck
or recreational vehicle for in excess of three (3) hours, except as a temporary expedience for loading,
delivery, emergency, etc., provided this restriction shall not restrict trucks or other conunercial
vehicles which are necessary for the construction or maintenance of the Conunon Interest Conununity .
Repairing of vehicles on the premises, outside of either Unit, shall not be permitted.
Section 7.9. Leases. No Owner may lease less than that Owner's entire Condominium
Unit, and all leases shall be in writing. All leases shall provide that the terms of the lease ar e subject,
in all respects, to the provisions of this Declaration, and to the provisions of any rules and regulations ,
decisions or resolutions of the Association or the Executive Board.
Section 7.10. Animal Restrictions. No animals other than normal household pets shall
be kept in the Units. An Owner shall be absolutely liable to the other Owner and their families and
guests for any unreasonable noise or damage to any person or property caused by any animal brought
or kept on the Property by such Owner or by members of his family or his guests.
Section 7.11. Enforcement. The Association, any member of the Executive Board and
any Owner shall have the right to enforce this Declaration and the rules and regulations of the
Association and the right to collect costs and expenses (including without limitation attorneys' fees)
incurred in any enforcement action.
ARTICLE 8
EASEMENTS AND LICENSES
Section 8.1. Recordini Data. All easements and licenses to which the Condominium
is presently subject are recited in Exhibit A. In addition, the Condominium may be subject to other
easements or licenses granted by the Declarant pursuant to this Declaration or on the Plat.
C:\Data\CUENTS\Weisrnan, William\condominium declaration.wpd
-8-
f"",.
~
Section 8.2. Common Elements Easement. Each Unit Owner has a right and easement
of enjoyment in and to the Common Elements, which shall be appurtenant to and shall pass with the
title to every Unit subject to the provisions contained herein. Every Owner shall have a non-exclusive
easement over, under and across the Common Elements. In the event of future construction within
a Unit, each Unit Owner shall also have the right, after giving written notice to the members of the
Executive Board, to overdig into the Common Elements and temporarily brace any excavation or
existing foundations within a Unit. After such temporary use, the constructing Unit Owner shall, at
its sole expense, restore and repair the Common Elements to the condition existing prior to such
construction work. By undertaking work within the Common Elements, the constructing Unit Owner
agrees to defend, indemnify and hold harmless the other Unit and the other Unit Owners from and
against all claims arising out of or relating to such construction, including without limitation for injury
to persons or property and for mechanics' and materialmen's liens.
Section 8.3. Easements for Improvements. Maintenance and Utilities. Reciprocal
Easements (among all Units and Common Elements) are hereby declared to exist over and under the
Real Property and all areas thereof for the existing electric, telephone, water, gas, and sanitary and
storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes,
cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walkways, and
landscaping, and for the repair, replacement and maintenance of the same, as needed to service the
Real Property and/or the individual Units. Each Owner has the right, at its sole expense and after
giving written notice for at least one (1) business day to the other Owner, to relocate such lines and
facilities within its Unit; provided, however, that such relocation shall be accomplished without
interrupting the need of the other Owner for the use of such lines or facilities (including the providing
of temporary service, if necessary), except as such other Owner specifically permits.
Section 8.4. Encroachment Easements. Each Owner has an easement over the
adjoining Unit(s) for the purpose of accommodating any encroachment due to engineering errors,
errors in original construction, reconstruction, repair, settlement or shifting or movement of the
building, or any other similar cause. There shall be valid easements for the maintenance of such
encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altere d
in any way by such encroachment, settlement or shifting; provided, however, that in no event shall
a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners. In
the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the
same manner as originally constructed, the Owners agree that minor encroachments over the abutting
Unit shall be permitted and that there shall be valid easements for the maintenance of such
encroachments so long as they shall exist.
ARTICLE 9
RIGHT OF FIRST REFUSAL
Section 9.1. Notice. In the event any Owner of a Condominium Unit shall wish to
sell the same, and shall have received a bona fide offer from another person, the selling Owner shall
give written notice thereof to the other Owner(s), together with a copy of such offer and the terms
thereof.
C:\Data\CLIENTS\Weisman, WilIiam\condominium declaration.wpd
-9-
1"""\
~
Section 9.2. Ri~ht to Purchase. The other Owner(s) shall have the right to purchase
the subject Condominium Unit upon the same terms and conditions as set forth in the offer therefor,
provided that written notice of such election to purchase, together with a matching down payment or
deposit, is given to the selling Owner, or his agent, during the fourteen (14) day period immediately
following the giving of the notice of the offer to purchase.
Section 9.3. Failure to Close. Closing of the purchase transaction pursuant to the
exercise of a right of first refusal as provided in this paragraph shall be in accordance with the terms
of the offer upon which the exercise is based. If the non-selling Owner does not exercise his right of
first refusal, or having exercised his right fails to close upon the purchase transaction, the selling
Owner may sell his Condominium Unit to the person and upon the terms and conditions as set forth
in the offer at any time within sixty (60) days after the closing date originally set forth in the offer.
Section 9.4. Right to Avoid Non-Complyin~ Transfer. In the event any Owner shall
attempt to sell his Condominium Unit without affording to the other Owner(s) the right of first refusal
herein provided, such sale or lease shall be voidable, and may be voided by a certificate of non-
compliance duly recorded in the office of the Clerk and Recorder of Pitkin County, Colorado by the
other Owner. However, in the event the other Owner has not recorded such a certificate of non-
compliance within one (1) year from the date of recording of a deed delivered in violation of this
paragraph, such conveyance shall be conclusively deemed to have been made in compliance with this
paragraph and no longer voidable.
The failure or refusal of the other Owner to exercise th e right to so purchase shall not
constitute or be deemed to be a waiver of such right to purchase or lease when an Owner receives any
subsequent bona fide offer from a prospective purchaser or tenant.
Section 9.5. Exempt Transfers. In the event of any default on the part of an Owner
under any first mortgage which entitles the holder thereof to foreclose the same, any sale under such
foreclosure, including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be
made free and clear of the provisions of this paragraph, and the purchaser or grantee under such deed
in lieu of foreclosure of such Condominium Unit shall be thereupon and thereafter subject to the
provisions of this Declaration and the Bylaws. If the purchaser in lieu of such foreclosure shall be th e
then holder of the first mortgage, or its nominee, the holder or nominee may thereafter sell and convey
the Condominium Unit free and clear of the provisions of this paragraph, but its grantee shall
thereupon and thereafter be subject to all of the provisions thereof.
The following transfers of a Condominium Unit are also exempt from the provisions
of this paragraph:
(1) The transfer by operation of law of a deceased joint tenant's
interest to the surviving joint tenant(s);
(2) The transfer of a deceased's interest to a devisee or devisees by
will or his heirs at law under intestacy laws;
(3)
to a sale for delinquent taxes;
The transfer of an Owner's interest by treasurer's deed pursuant
C:\Data\CLlENTS\Weisman, William\condominium declaration.wpd
-10-
,r'\
,1"""\
,
(4) The transfer of all or any part of a partner's interest as a result
of withdrawal, death or otherwise, to the remaining partners carrying on the partnership
business, and/or to a partner's or partners' interests between one or more partners, and/or to
persons becoming partners. For purposes of this Declaration, the term "partnership" shall
include limited liability companies and any other entities treated as partnerships for federal t ax
purposes; and
(5) The transfer of a corporation's interest to the persons formerly
owning the stock of the corporation as a result of a dissolution. A transfer to the resulting
entity following a corporate merger or consolidation; provided, however, that at least fifty
percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium Unit.
If the Owner of a Condominium Unit can establish to the satisfaction of the Managing
Agent or the Executive Board that a proposed transfer is not a sale, then such a transfer shall not be
subject to the provisions of this paragraph.
Section 9.6. Certificate of Compliance. Upon written request of any prospective
transferee or purchaser from an existing mortgagee of any Condominium Unit, the Managing Agent
or the Executive Board of the Association shall forthwith, or where time is specified, at the en d of the
time, issue a written and acknowledged certificate in recordable form, evidencing:
(1) With respect to a proposed sale under this paragraph that proper
notice was given by the selling Owner, and that the other owner did not elect to exercise this
option to purchase;
(2) With respect to a deed to a first mortgagee or its nominee in lieu
of foreclosure, and a deed from such first mortgagee or its nominee pursuant to this paragraph,
that the deeds were in given in lieu of foreclosure, and were not subject to the provisions of
this paragraph; and
(3) With respect to any contemplated transfer which is not in fact
a sale, that the transfer will not be subject to the provisions of this paragraph.
Such a certificate shall be conclusive evidence of the facts contained therein.
ARTICLE 10
MISCELLANEOUS
Section 10.1. When Consent or Authorization Not Necessary. Notwithstanding
anything in this Declaration to the contrary, whenever the consent or authorization of the Association
or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or
authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or
authorization has obtained the consent or authorization of the remaining Owners of the Common
Interest Community.
C:\Data\CLIENTS\Weisman, William\condominium declaration.wpd
-11-
.~
1"""'\
Section 10.2. Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify
and hold the other Owner ("Other Owner") blameless and harmless of, from and against any loss,
claim, demand or obligation (including costs of defense and attorneys' fees) of whatsoever nature
occasioned by or in any manner resulting or emanating from any work done at the behest of the
Indemnifying Owner on such owner's Unit or labor, services or materials furnished to such Owner or
such Owner's Unit and will maintain the Other Owner's Unit, entirely lien free through payment or
suitable substitution bond and, upon the failure of the Indemnifying Owner to so do, the Other Owner
shall have the right to do that which it, in its discretion, determines to be necessary to effect the release
and discharge of the lien from such Other Owner's Unit and the applicable Common Elements. The
costs and expenses incurred in so doing, together with interest at the per annum rate of 21 % shall be
repaid by the Indemnifying Owner upon demand. Until repaid, such obligation shall be secured by
a lien against the Unit of the Indemnifying Owner, notice of which may be give n by the Other Owner
in the applicable real property records, and which may be foreclosed as in the case of a mortgage. In
any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable
attorneys' fees.
Section 10.3. Additional Ri~ts of Enforcement. Each of the covenants, obligations
and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept,
discharged or performed is intended to and shall be deemed to be for the specific benefit of the other
Unit Owner. In the event of the failure or inability of the Association to enforce any provisi on of this
Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have
the right in the name of the Association and on its behalf or, as the case may be necessary or advisable,
in the name of such remaining Owner and on his, her or its behalf to commence, maintain and obtain
judgment under an action for damages, for specific performance, or for both, as appropriate, and in
connection with any proceedings against a delinquent or defaulting Owner, the remaining Owner sh all
be entitled to his, her or its costs and reasonable attorneys fees as a part of any judgment entered for
such Owner, and whether or not the relief obtained, including any damages, is less than what was
sought.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed
this _ day of , 1997.
WEISMAN FAMILY LIMITED PARTNERSHIP, a
Minnesota Limited Partnership
By:
William E. Weisman, its General Partner
C:\Data\CLIENTS\Weisman, William\condominium declaration.wpd
-12-
, ~
;--.
.~
CONSENT OF MORTGAGEE
The undersigned holder of a mortgage, deed of trust or other lien (collectively
"Security Interest") recorded in Book _ at Page _ of the Pitkin County Colorado real
property records against and encumbering the Real Property herein above described hereby consents
to the within and foregoing Condominium Declaration and agrees that its Security Interest i s and shall
be subject to the terms conditions and provisions thereof as fully, for all intents and purposes, as
though such Declaration had been placed of record prior to the recordation of its Security Interest.
MORTGAGEE:
STATE OF
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 1997, by WILLIAM E. WEISMAN, as General Partner of the WEISMAN
FAMILY LIMITED PARTNERSHIP, a Minnesota Limited Partnership.
WITNESS my hand and official seaL
My commission expires:
(SEAL)
Notary Public
STATE OF
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 1997, by as of
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
C:\Data\CLIENTS\ Weisman, William\ccndominium declaration.wpd
-13-
.-.. r--.
I Ross Soderstrom, 04:19 .A.lvf 11(12/97, Re: Heron Park Condos
X-Sender: ross@comdev
Date: Thu, 11 Dec 1997 04:19:55 -0700
To: rebeccas@ci.aspen.co.us, johnw@ci.aspen.co.us, nicka@ci.aspen.co.us,
chrisb@ci.aspen.co.us, sarat@ci.aspen.co.us, stephenk@ci.aspen.co.us
From: Ross Soderstrom <ross@ci.aspen.co.us>
Subject: Re: Heron Park Condos
Cc: juliew@ci.aspen.co.us, virginit@ci.aspen.co.us
Becca, John, Nick, Chris, Sara, Stephen:
I checked a little further into the approvals and plans for this property.
In a quick review Larry D. did not find a permit for the hot tub (no
plumbing permit nor change order) and the hot tub was not shown on the
original plan set. The foot of the stairway on the riverside of the
building was shown on the original plans with a relatively small
encroachment at the bottom corner, which appears to have been built more or
less per the plans.
From the condo plat I thought the stairs and deck were probably elevated
and wooden but after a site visit yesterday I will correct myself that the
stairs are concrete and cantilevered from the side of the building and the
deck and hot tub are at grade with the hot tub sunken into the ground. (The
stairs lead to the second floor and the deck with hot tub are below.)
The shed on the southwesterly side (Herron Park side) of the property which
is in the sideyard setback was existing prior to the building permit. It
appears to have been repaired/re-built, but is in the same location (and
made of the same exterior timbers) as the original shed.
I am asking Stephan K to hold the e.o. until we clarify the permitting and
encroachment of the deck and hot tub into the. rear setback and the riverside
easement.
Susan: Dillingham, real estate with Lauri B. Aspen, called me this afternoon
to inquire of the status of the e.o. and I explained the uncertainty
regarding the construction of the deck and hot tub. She is the listing
agent for the property although does not expect to be the owner's
representative with regards to the deck and hot tub.
>At 10:48 AM 12/12/97 -0700, you wrote:
>>John, Nick & Chris,
>>
>>Ross has made us aware of an encroachement into our easement just North of
>>Herron Park. This easement links to an extension of Herron Park just down
>>river from the developed park and is of concern to us because the hot tub
>>and stairs are already constructed. At one of our recent meetings with City
!Printed for Christopher Bendon <chrisb@ci.aspen.co.us>
1]
,r'\ ,.-,
I Ross Soderstrom, 04:19 A"i.11/12/97, Re: Heron Park Condos.
>>Council they were very concerned by this continual encroachment by
>>developers into the City's easements. Any suggestions on how we should
>>approach this? It might be beneficial to do a site visit to look at the
>>situation. Please let myself or Jeff know when you all might be able to get
>>together to discuss this. Thanks.
>>
>>Becca
Ross S.
IPrinted for Christopher Bendon <chrisb@ci.aspen.co.us>
21
"j
~
~.
January 27, 1998
Mr. Charles Bra)ldt, Esq.
Charles T. Brandt & Associates, P.C.
Colorado National Bank Building
420 E. Main Street, Suite 204
Aspen, CO 8161l
.......
, .
. .
THE CITY OF ASPEN
Subject:
. Completion of Sidewalk, Curb and Gutter at 113 Neale Avenue
Dear Mr. Brandt:
In response to the inquiry from your office about the acceptance of the sidewalk, curb and gutter for 113
Neale Avenue, I found that the driveway curb cut was not constructed in accordance with the plans for
this property nor to City standards. The architectural plans (Sheet AI) submitted for the building permit
(4-l19) correctly show that the maximum curb cut width for the driveway was to be 18 ft which is in
accordance with City of Aspen standards. However, the constructed curb cut measures approximately 31
ft in width which is not acceptable and does not satisfy the conditions of the Sidewalk, Curb and Gutter
Improvement Agreement encumbering the property.
According to the plat (dated 01/06/96) submitted for the condominiumization application, the sidewalk
does not extend the full length of the property on the Neale Avenue frontage (approximately l5 ft short
of the southerly comer of the property frontage). The plat also depicts manhole lids for an electric vault
, and a sanitary sewer manhole both of which lie in or very close to theprobable route of the sidewalk in
front of the property. Due to the snow stockpiled at this comer and covering the sidewalk I could not
verify where the existing sidewalk ends with respect to the property comer nor the location and condition
of the sanitary sewer manhole lid. I also noticed a loop of sheathed cabling (perhaps telephone or cable
TV) at the northerly end of the sidewalk which extends into the walking path and creates a tripping
hazard. The property owner will need to contact the appropriate utility company to correct this condition
which presumably resulted from providing or upgrading.utility services related to this property.
<
To satisfy the conditions of the Agreement, the sidewalk, curb and gutter at the ends of the driveway
curb cut will need to be removed and replaced so as to make a driveway curb cut of 18 ft maximum
width. Since this is in the public right-of-way and is not an emergency repair, this work may not be
initiated until after April l, 1998 when permits for work in public rights-of-way will begin to be issued
for the 1998 construction season. Local contractors who perform this type of work are familiar with the
city's standards for sidewalks, curbs and gutters, and with the right-of-way permit conditions and
LQ298.DOC
130 SoUTH GALENA STREET. AsPEN, COLORAOO1S1)?.fi ~ PHONE 970.920.5000 . FAX 970.920.5197
Printed on Re<:yded paper
.~._. -~" .
-1"'..
Letter: CompletioI1 OfSll.._.....alk, Curb and Gutter at 113 Neale Avenue
.~
pr;ocedures. VerifYing the location and condition of the two. manhole lids may more easily be completed
after the Spnng snowmelt and in conjunction with replacing the curb, gutter and sidewalk.
Truly Yours,
'J2c~
Ross C. Soderstrom
Project Engineer
cc:' Nick Adeh, City Engineer
Stephan Kanipe, Chief Building Official
Tom Bracewell, ACSD
Jack Reid, Streets Superintendent
John Krueger, Trails Coordinator
........chris Bendon, Project Planner
Sara Thomas, City Zoning Officer
File, Building Permits
, -
2 OF 2
L0298.DOC
"
...
"
.,-..."
,-...,
, 1
May 4, 1998
William Weisman
113 Neal Street
Aspen, CO 81611
.
,
Glenn R.appaport, Architect
PO Box 276
Aspen, CO 81612
ASPEN . p]TIaN
COMMUNITY DEVELOP~ENT DEPARTMENT
Re: Weisman Residence
Dear Sirs:
I am in receipt of your land use application for a Stream Margin Exemption. I am not
accepting this application because it does not address the applicable land use reviews nor is it
complete.
The development proposed must gain Stream Margin and Special Review approval from the
Planning and Zoning Commission and is not eligible for an exemption. I made this clear
during a pre-application conference with John Kelly last October. It was my impression at
the meeting that John understood th.e nature of the land use reviews required for this
development.
All complete lllJ'!d use applications include a current site improvement surVey, proof of
ownership, and ability of any third party to represent the owner. In addition, specific reviews
may also require submittal of a landscape plan, site topography, a site section, copies of prior
approvals, and land use fees.
I am including a copy of the October pre"applicationconference summary and a land u~e
application packet for your consideration. Included in this packet is a description of the
necessary contents for a complete application. I am available to review any of these
requirements.
I'look forward to reviewing a complete application for the correct land use reviews.
,
~~~
Christopher Bendon, Planner
City of Aspen
att.
130 SoUTIi GALEt'JA STREET . AspEJ.'IJ, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Printed on Recyded Paper
'-\
l~
.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
<
PLANNER:
Chris Bendon, 920.5072
DATE: 10.16.97
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Herron Park Place Condo Stream Margin Review & Special Review
John Kelly
1 step -- Steam Margin and Special Review
Stream IT\lll'gin review for development closer to RF, Special Review for essential
development within 15 foot setback to remove existing structure.
Land Use Code Section(s)
26.68.040 Stream Margin Review
26.64.040(0) Special Review for Encroachment in 15' Setback
Review by:
Public Hearing:
. Referral Agencie.s:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Staff, Development review committee (referral agencies), Planning and Zoning Commission
No.
Engineering, Parks, Building
Planning Deposit Minor ($1080)
Engineering, Minor ($110);
$1,190 (additional hours are billed at a rate of$180Ihour)
To apply, submitthe following information:
I. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. 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.
5. Total deposit for review of the application
6. 15 Copies of the complete application packet and maps.
HPC = l2; PZ = 10; GMC = PZ+S; CC = 7; Referral Agencies = Ilea.; Planning Staff = 2
7. An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current (within one year) status,
including all easements and vacated rights of way, of the parcel certified by a registered land surveyor,licensed
in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development
Department if the project is determined not to warrant a survey document.) .
9, Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed. .
11. Copies of prior approvals.
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 mayor may not be accurate. The summary does not create a
legal or vested right.
~ r>..
Ross Soderstrom, 01:00 AM 3/2/99 - Re: Herron Park Place Condos
X-Sender: ross@comdev
Date: Tue, 02 Mar 1999 01:00:29 -0700
To: Chris Bendon <chrisb@ci.aspen.co.us>
From: Ross Soderstrom <ross@ci.aspen.co.us>
Subject: Re: Herron Park Place Condos
Cc: johnk@ci.aspen.co.us, nicka@ci.aspen.co.us,
rebeccas@ci.aspen.co.us,
sarat@ci.aspen.co.us, stephenk@ci.aspen.co.us
If this is 113 Neale Ave, I reviewed this about a year ago, but it was
not
completed nor approved due to an encroachment of their hot tub,
(encroaching
top of river bank, built w/o a building permit, and built in an
easement
granted to the city w/o city approval) in a city easement. Last I
knew they
had not removed the encroaching hot tub, so no condo plat. I reminded
John
Krueger of this incomplete plat and the encroachment violation last
week.
When the encroachment is either approved by the city or removed by the
property owners it may be finalized.
At 09:58 AM 3/1/99 -0700, you wrote:
>Folks: I just received mylars for Herron Park Place Condos for final
>signatuies. I don't remember this coming through as a draft, atleast
not
>through our department. It may have been reviewed by you guys
without fees
>from us. It was reviewed as a Stream margin about six months ago,
but that
>review did not include condo'ing.
>
>Did anyone review this condo map?
>
>
>Cheers,
>
>Chris Bendon
>City Planning
>
>
>
Printed for Chris Bendon <chrisb@ci.aspen.co.us>
1
l......
r-..
,I Ross Soderstrom, 09:50 AM 3/26/99 , Re: Heron Park Condos night Ii I
X-Sender: ross@comdev
Date: Fri, 26 Mar 1999 09:50:59 -0700
To: "John D. Krueger" <krueger@sopris.net>, rebeccas@ci.aspen.co.us,
nicka@ci.aspen.co.us, juIiew@ci.aspen.co.us,
stephenk@ci.aspen.co.us
From: Ross Soderstrom <ross@ci.aspen.co.us>
Subject: Re: Heron Park Condos night light
Cc: janicev@ci.aspen.co.us, chrisb@ci.aspen.co.us,
sarat@ci.aspen.co.us
John & Becca:
1'mpassing your comments on to Nick, Julie, and Stephen. Sara Oats
of Corn
Dev picked up the mylars from us last Friday (3/19/99). Since 1 was
not
involved in the corrective action of removing the hot tub nor any
stream
margin review, 1 don't know what the intensions / understandings were
for
the light, or if it had even been addressed.
At 08:40 PM 3/25/99 -0700, you wrote:
>Becca,
>Yes, 1 think that they should remove the light for both reasons. 1.
It is
>not allowed per lighting standards and 1 think stream margin regs and
2. it
>should not be in the easement.
>johnk
>-----Original Message-----
>From:'Rebecca Schickling <rebeccas@ci.aspen.co.us>
>To: John Krueger <johnk@ci.aspen.co.us>
>Date: Thursday, March 25, 1999 3:08 PM
>Subject: Re: Heron Park Condos night light
>
>
>>1 don't think this is allowed by lighting standards for the City not
to
>>mention the fact that it is still in the easement. Do you want them
to
>>remove?
>>
>>Becca
>>
Printed for Chris Bendon <chrisb@ci.aspen.co.us>
1
~
--..
>>
>>
>>At 01:51 PM 3/25/99 -0700, you wrote:
>>>Becca,
>>>Are we are right with this?
>>>johnk
>>>\
>>>>X-Sender: ross@comdev
>>>>Date: Fri, 05 Mar 1999 10:51:54 -0700
>>>>To: chrisb@ci.aspen.co.us, rebeccas@ci.aspen.co,us,
sarat@ci.aspen.co.us,
>>>> johnk@ci.aspen.co.us
>>>>From: Ross Soderstrom <ross@ci.aspen.co.us>
>>>>Subject: Heron Park Condos night light
>>>>Cc: stephenk@ci.aspen.co.us, nicka@ci.aspen.co.us,
edwards@ci.aspen.co.us
>>>>
>>>>I reviewed the revised condo plat and made a field inspection to
verify
>that
>>>>the hot tub, deck and back steps to the condo had been removed
from the
>>>>park access easement. These corrections appear to have been
completed.
>>>>(113 Neale Ave, next to Heron Park, along the river)
>>>>
>>>>While visiting the site, I also noticed a night light controlled
by a
>motion
>>>>sensor mounted on a 4" x4" post approx. 5 ft tall, in the access
easement
>>>>located near the wooden gate. The shroud for the light is
partially
>>>>directed toward the river although the fixture does not presently
have a
>>>>light bulb in it. Was this an approved installation or an
oversite that
>it
>>>>was not removed with the other encroachments? The light was shown
on the
>>>>earlier version of the plat (3/20/98) as well as the latest
version of
>the
>>>>plat (1/11/99).
>>>>
Printed for Chris Bendon <chrisb@ci.aspen.co.us>
2
~
,~
>>>>Apart from this detail, the plat is overwise complete and
awaitting
>>>>signatures of Julie Ann and Nick. Once we have an answer, the
plat
>should
>>>>be routed for signatures.
>>>>
>>>>
>>>>Thank you.
>>>>
>>>>
>>>>
>>>>
>>>>Ross S.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>
>>>
>>>
>>Rebecca Schickling
>>Assistant Parks Director
>>City of Aspen
>>
>>
>
>
>
Ross S.
Printed for Chris Bendon <chrisb@ci.aspen.co.us>
3