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HomeMy WebLinkAboutcoa.lu.co.Lot 50 Maroon Creek Club.A043-98 r--. .-, . I IIIIft L~I 1II1'~1i IILIJlI~~ ",J I -. 111'1I111 TAIIII" V 1 II! ~_ PARCEL 10:1, /:10 'I:'::; ')i,:),>:) , DATE RCYD: I" . 7 fill It COPIES:P-- CASE NOI:':::;;.9F. : CA~i:: NA~,U.:j':t"r~:~)', :~:u::k Cil.l.;! ::~ =::~: ':-:.I..~: :'i; ~:., -'::1 C:"':'I::::....I".: ":-; PLNn:t~:-'lII~: n:',I';I.,","'1 PROJ ADOR:I~.~i.~'::':: ~ '::~,:':,k c~.;; L::", ~:: C^SE T,,(P:f'~'.l:::,:""';' ::"I>:':',''''I:.I~:'' ~::. C,.'l~:;: ". STE:PS:f OWN'APP' I ''''., ~" .. (' ;",..- I.: ADRI"" ," _ ..,;... " ,. .... ." "" ,,', .. .. ~., l. REP. '~r..I'Ic..:d r... ':")"l:'~~' L!:'/j. . A~R: ~::::~ i" !..::::~(!'i~: ~.'S'Z:I.:.i'::";" "/"' LI,::.(I",:: C,S'2:J':"!:::',:I' "" F~~S RCVOf:;::.o ? '. '.~ i i PIINT" '-'" :...1.',-1.'.,,, PHN H7:' . /:~~ , , ,FEES DUE:I:!;.:,', REFERR~LSI STAT: r REF,~ BYI DUe:1 Mfa DATE REV BODY 'PH NOTICED F~t llATE O~ FINAL ACTION:)" ;'1, ,,= . "" ''''':r ' BOA: : llRAC: , AD~1IN~r:,,:.."T:" ' REMAR,KSI CL?SED:lf> . ~ ,,, PLA r SUSMITD: I By.}r"II': Ll,,,...~.. . '., '~""" PLAI lIiK,PGI:1 '"",""" 1""'\ '... ;.v MEMORANDUM TO: Stan Clauson, Community Development Director APPROVED FROM: Christopher Bendon, Planner RE: JUN I t 1998 Maroon Creek Club Lot 50 Condominiumization Plat EVELOPt,litlTOlRECTOR "Clubside at Maroon Creek" COWAUNlTV~1'I0FASPEN DATE: June 25, 1998 1..1-'65 . 0,,"':>- o 'to ")Z) Lenny Oates, representing RL Development, Inc., has applied for a subdivision exemption for the Condominiumization of Lot 50 ofthe Maroon Creek Club Subdivision, commonly known as "Clubside at Maroon Creek." Currently the project is developed as 6 units in duplex configuration. The Subdivision and Planned Unit Development approval allow for two additional units to be built. The additional units will require a revised condominiumization plat prior to sale to describe the property. I have referred this application to the Development Review Committee and the applicant has responded to the suggested modifications to the draft plat. The land use is a permitted use in the R-MFA PUD Zone District as approved in Pitkin County prior to annexation. The Community Development Director may approve subdivision exemptions pursuant to Section 26.88.070. I am recommending approval of this condominiumization plat ,contingent upon final recordation and a subsequent replatting if the remaining two units are constructed. Approved, contingent upon final recordation of the plat and subsequent replatting if the remaining two residential units are constructed: - d e' '). (' 9~ ,,,,,",, ~ LAW OFFICES OF OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION 4 -t.i>- 1(8 THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81811 LEONARD M. OATES RlCHARD A. KNEZEVICH TED D. GARDENSWARTZ TELEPHONE (970) 920-1700 FACSIMILE (970) 920-1121 e-mailohkg@r6f.net DAVID B. KELLY June3,1998 OF COUNSEL: JOHN THOMAS KELLY Chris Bendon Staff Planner City of Aspen /Community Development Department 130 South Galena Street Aspen, CO 81611 HAND DELIVERED Re: Application for Resubdivision of Lot 50, Maroon Creek Club Subdivision into Six (6) Townhome Units, Plus Two (2) to be Constructed at a Later Time,jor a Total of Eight (8) Townhouse Units as Clubside At Maroon Creek Dear Chris: This letter is submitted as the Application ofRL Development, Inc. for approval by administrative review by the Director of the City's Community Development Department of the resubdivision of Lot 50, Maroon Creek Club, into six (6) separate lots improved with townhouses. In a subsequent phase there will be two (2) additional lots with townhomes. Attached hereto are the materials required pursuant to the City of Aspen Pre-Application Conference Summary which you sent to me on June 2,1998. The request is for the approval of the resubdivision of Lot 50, Maroon Creek Club Subdivision into individual lots with six (6) completed townhomes thereon with accompanying common area. Two townhomes will be constructed at a later date for a total of eight (8) in the project. The materials required by the Pre-Application Conference Summary comply with all of the submittal requirements for this request. In the approvals by the Board of Pitkin County Commissioners of the Maroon Creek Club Subdivision, the construction of these units is contemplated and the resubdivision thereof into individual townhome lots. All land use issues which need to be addressed were addressed and dealt with as a part of the originals approvals by the Board of Pitkin County Commissioners. As you are aware, the Maroon Creek Club project was subsequently annexed into the City of Aspen with the County approvals remaining in place. r r", OATES, KNEZEVICH & GARDENSWARTZ, p.e. ~ I Chris Bendon Staff Planner City of Aspen /Community Development Department June 3,1998 Page 2 The requested materials contained in the Pre-Application Conference are supplemented with a copy of the Declaration, Articles ofIncorporation and By-Laws relating to Clubside at Maroon Creek. A list of the materials submitted is attached hereto as Exhibit "A". Enclosed is a check in the amount of$355.00 in payment for the application fee. If you should be in need of any further information or materials in connection with this matter, please feel free to vive me a call. The surveyor for the Project is Steve Ehlers of Schmueser Gordon Meyer. His phone number is (970)945-1004. You or the City's Engineering Department may feel free to communicate directly with Mr. Ehlers. Either Mr. Ehlers, myself, or both of us would be more than happy to meet you or other staff members at your convenience. Thank you for your consideration. Very truly yours, OATES, KNEZEVICH & GARnENSWARTZ, P.c. By ~CD4 Leonard M. Oates LMO/amc Enclosures C:\data\Clients\ClubsideILtrBendon6-3.98.wpd ("'"\ OATES, KNEZEVICH & GARDENSWARTZ, P.C. r""!'\ EXHIBIT "A" APPLICATION FOR RESUBDIVISION OF LOT 50, MAROON CREEK CLUB SUBDIVISION 1. Check in the amount of $355.00. 2. Signed Fee Agreement. 3. Representative Authorization Statement. 4. City of Aspen Vicinity Map showing subject property. 5. Maroon Creek Club Subdivision Plat. 6. Resolution of the Board of County Commissioners of Pitkin County, Colorado granting approvals for Maroon Creek. 7. City of Aspen Pre-Application Conference Summary. 8. Title Insurance Policy for Lot 50, Maroon Creek Club Subdivision. 9. Proposed Plat for Clubside At Maroon Creek. Three sets of Items 2 through 9 are submitted herewith. I"", .-; " ASPENJPlTKIN COMMUNITY DEVELOPMENT DEPARTMENT Ap_endor :Paymentof~ ofAspen:D~elopment.Application.Fees (please PrintCIearly) , CITY OF ASPEN" (hereinafter CITY) and RL DEVELOPMENTS. INC. {hereil:la:l:1: APPU<:"'\J.'\fT) AGREE AS FOLLOWS: . . . . . . , l:APPUCANTbas submitted to CITY an a;lPlication for Resu,bdivision of Lot 50. Maroon Creek Club Subdivision into six (6) Townhomepf2r firstj>hase and two (2) to be "omp1 ,,1'''0 1 ~j'p1" (heremaner, THE PROJECT). 2. APPUc.'\J.'l'! uncierstaDds and agrees that City of Aspen. Ordinance No. 43 (Series of 1996) establishes a fee StnJ,CtUIe for land use a;lPucations and the paymem of all processing fees is a' condition precedent to a dete,.".,;n~rion of 3.pplic:Ition completeness. 3. ..:\PPUc.'\J.'IT and CITY agree that because oithe size. = or scope aime proposed projeC".., it is not possible :lI this time to ascertain the full extem of me costS involved in processing the aonlicanon. APPLIC.~'IT and CITY furtherw:ee that it is in the interest oithe :::a.'"ti.es to allow ..:\PPUCA...'iT to make paYment of an initial de'Josi~ und to there<>..rter uelmit addirio~ coS"..s to be .. " . - .... . billed to APPUc..lu'IT on a :nomhlv basis. A.P?LIC.~'IT :J.l!rees he will be bene::ited bv :era;n;nO' . - . ..... ~... gte"..ter cush liquidity and will make addirionai payments upon n.otincation Oy the Cl1 Y when they are necessary llS coStS :lIe inC1JJ..~d. err{ ~ees it will be bene::ite:i tbrol1~;' the greater certainty of recovering its full coSts to process ,.UlPLIC.~'ITS application. . 4. CITY and APPLfC.~'l'T further = that it is imoracticable for. CITY srmIto cornDlete . ....... .. . . processing or present su:i'fi.ciem information to the Planning Commission and/or City Council to enabie the Planning Commission and/or City Cound to make legally required finti;n~s for project approval, unless current billin~:lIe paid in full prior to decision. . 5. There:fore. _-\.PPLIC.~'iT ~ that in conside."ation of the CITY's ,,<river or its cicilt to -' . - , collect full fees prior to a determina:Iion of application completeness, APPLIC.~"jT shall pay un ,initial deposit in the am01lllt of S wbich is for hours of Planning staff time, and if , actual recorded costs exceed the initial deposit, ~UlPLICA..I.'ITshalIpay additionai 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. APPLICAJ.'IT further agrees that faUure to pay such accrucl costs shall be grounds for suspension of processing. CITY OF ASPEN s~ APPLIC.~'IT RL, DEVELOPMENTS. INC. .s_~(2)i; . Leonard M., 0 tes. Vice President Community Development Di:rector City of Aspen June 3, 1998 jMailing Address: c/o: o"atp.H. Kn"p-7.P-,rie.h & Gardenswart 533 East Hopkins Avenue ' ,Aspen. CO 8161l 1"'"\ ,1"'"\ RLDEVELOPMENTS, IN"./. c/o: Oates, Knezevich & Gardenswartz, P.C. 533 East Hopkins Avenue Aspen, Colorado 81611 (970)920-1700 June 3, 1998 REPRESENTATIVE AUTHORIZATION STATEMENT Stan Clauson Planning Director City of Aspen /Community DevelopmeJ:lt Department 130 South Galena Street Aspen, CO 81611 Re: Applicationfor Resubdivision of Lot 50, Maroon Creek Club Subdivision into Six (6) Townhome Units, Plus Two (2) to be Constructed at a Later Time,for a Total of Eight (8) Townhouse Units as Clubside At Maroon Creek Dear Stan: RL Developments, Inc., a Delaware corporation whose address is C/O: Oates, Knezevich & Gardenswartz, P.C., 533 East Hopkins Avenue, Aspen, Colorado 81611, and whose telephone number is (970)920-1700 hereby advises that its representative for purposes of the resubdivision of the above lot is Leonard M. Oates at the same address and the same telephone number as the corporation. Mr. Oates is a Vice President of the applicant. The street address and legal description of the property is 10 Clubside Drive, Aspen, Colorado 81611, and the legal description of the property to be subdivided is Lot 50, Maroon Creek Club Subdivision. - i1~ 1(1r( , Very truly yours, RL DEVELOPMENTS, INC. By Leonard M. Oates, LMO/amc C:ldatalClientsIClubsltle\Reprosentative Authorization Statemenlwpd JUN-02-1998 08:50 FROM ASPEN/PITKIN COM DEU f"""1 TO 99201121 P.01 I ,""", CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER.: Clms Bendon, 920.5072 DA.TE; 6.2.98 paoJECT: REPRESENTATIVE: OWNER; . TYPE OF APPUCATION; DESCRIPTION: CLUBSIDE AT MAROON CREEK LEONARD M. OATES Land Use Code Sectlon(s) 26.88.070 Condominlumization 2&.62 Development Review Procedures 26.62.030 Application and Fees Subdivision exemption for Condominiumization ResubdivideLot 50, Maroon Creek Club sale of Townhomes. Six (6) Townhomes with two (2) more to be built later. Subdivision to permit are in present phase, \ Review by: Staff for complete application, referral agencies for technieal considerations, Community Development Dlreetor for final approval. No. Engineering, Planning Flat Fee $245 Engineering $11 0 5355 Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information: L Total deposit for review of the application 2. Signed fee agl'!l\lment 3. Proof of ownership 4. Applicant's name, address and, telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative,. Include street address and legal description of the property. S. SIl11Ul1lliY letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code seetions listed above. 6. An 8 112" by 11" vicinity map locatill8 the parcel within the City of Aspen. 7. Old (existing) plat if one ex.ists. (from City Engineering or County Recorder) 8. Proposed plat from It registered land surveyor. Call City Engineer for plat requirements. 920.5080 9. Copies ofpnor approvals (from City Clerk) 10. ,2 Copies of the complete application packet (items 3-9) Process: A.pply.Planner reviews case for ~mplcteness and sends to Engineering and referral agencies. 1-2 weel<:S later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions lUId the Director approves, approves with con,dilions. or denies application based on consistency with the review criteria and technical considerations. Plat is then'!... o:_"ol .... f':+'. "ft_:~__ . AnI..,,,,,, .J._,,,.ft ."M,.ol the tinal plat at the County Clerk and Recorder (fee). '. . , , , Co. Phone' Phon. * Fad Fad TOTAL P.01 q i .~.,;:: ,'" ....\.. ;'"~ "Ii ~"..: . ~1.:. ).'" .~;,i. . t. 1. . . .:t..... 1 ~J:'- \ ' -. fli~ . . . '11 . '11 . hd 1111 h, III ,. I'll ..11 f , i'J J , '. .jf ~. . '~ :00 :. 1000 :r . ~2000 ;!l 3000 (""\ ~)~ "'"""\ olOOO I MIll! II. '" . .:, ~." . . : ''\- " . _I :it " .' . .-;.r... . ,"iII ~. .00 "" ". .J , ~~ QUI O~ z~ '2 Q~ m. . m' " ~" c: ()O . . E~ CP ;" . ; , .; ~"'.".':' .ft: . :~~ i ~ ~ ,', , -' ~.t i "" ~ .... '-:: .~! . " (, ,'j .1 , " .~11I~ ...., ; .t"". ~ Owner's Policy of Title Insurance Fidelity National TItle Insurance Company A Stock Company Policy Number 13 12 - 111259 OWNER'S POLICY OF TITLE INSURANCE SUBJECT 10 THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of' 1. ntle to the estate or interest described in Schedule A being vested other than as stated herein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketabilily of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the tille, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDEliTY NATIONAL TITLE INSURANCE COMPANY has caused Ihis policy 10 be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company BY ~/ff ( President ATTEST ~'~~~~=K~_~~ Countersigned: ALTA Owner's Policy (10-17-92) FNTIC Form No. 1312 (6/93) . 1""\ ,~ FNT SCHEDULE A-OWNER'S POLICY CASE NUMBER PCT~0760C4 DATE OF POLICY 06/0~/98 @ 08:30 A.M. AMOUNT OF INSURANCE $ 4,000,000.00 POLICY NUMBER ~3~2-~~~259 L NAME OF INSURED: RL DEVELOPMENTS INC., A COLORADO CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: RL DEVELOPMENTS INC., A COLORADO CORPORATION 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOT 50, MAROON CREEK CLUB, as shown on the Final Subdivision Plat & PUD for Maroon Creek Club, recorded November 15, 1993 in Plat Book 33 at Page 4. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. . t . ) ,,,....., "'"'" SCHEDULE B-OWNERS CASE NUMBER PCT10760C4 DATE OF POLICY 06/01/98 @ 08:30 A.M. POLICY NUMBER 1312-111259 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 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 I conflicts in boundary lines; shortage in area, enchroachments, 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. Water rights, claims or title to water. 6. Taxes for the year 1998 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded March 15, 1992 in Book 55 at Page 21, August 26, 1911 in Book 55 at Page 189, August 26, 1911 in Book 55 at Page 191, September 13, 1934 in Book 162 at Page 400, June 16, 1944 in Book 167 at Page 562 and May 20, 1953 in Book 180 at Page 155. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 15, 1993 in Plat Book 33 at Page 4 and Amended Sheet 2 recorded March 31, 1994 in plat Book 34 at Page 23 and Assignment of Plat to Maroon Creek Limited Liability Company recorded February 17, 1994 in Book 742 at Page 117 and 121. 9. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Protective Covenants for Maroon Creek Club recorded December 2, 1993 in Book 733 at Page 598 and First Amendment thereto recorded February 17, 1994 in Book 742 at Page 83, Second Amendment thereto recorded June 8, 1994 in Book 752 at Page 754 and Amended and Restated Third Amendment thereto recorded July 26, 1994 in Book 756 at Page 597 and Assignment and Designation of Successor Declarant for Maroon Creek Club. 10. Terms, conditions, provisions, obligations and all matters as set forth in subdivision Improvements Agreement recorded November 12, 1993 in Book 730 at Page 606. 11. Terms, conditions, provisions, obligations and all matters as set forth in Final Plat Resolution of the Board of County Commissioners recorded August 13, 1993 in Book 721 at Page 245 as Resolution No. 93-104. (Continued) . . t""', i"""'\ POLICY NO. CASE NO. 1312-111259 PCTI0760C4 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 12. Avigation Easement granted to pitkin County recorded November 12, 1993 in Book 730 at Page 690. 13. Terms, conditions, provisions and obligations as set forth in Deed Restriction for Maroon Creek Club Townhomes recorded November 12, 1993 in Book 730 at Page 717. 14. Terms, conditions, provisions and obligations of Water Service Agreement between The City of Aspen and Pearce Equities Group II, Limited Liability Company, a Utah Limited Liability Company, recorded November 15, 1993 in Book 730 at Page 797, Assignment and Assumption of Water Lease Agreement recorded November 15, 1993 in Book 730 at Page 865, Assignment and Assumption Agreement recorded January 7, 1994 in Book 737 at Page 899 and Amended Assignment and Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of Adjustment recorded February 7, 1996 as Reception No. 389788 as Resolution No. 95-34. 16. Terms, conditions, provisions and obligations as set forth in Water Service and Infrastructure Agreement recorded June 30, 1997 as Reception No. 405830. 17. Deed of Trust from: RL DEVELOPMENTS INC., A COLORADO CORPORATION To the Public Trustee of the County of pitkin For the use of ALPINE BANK-ASPEN BRANCH Original Amount $4,000,000.00 Dated May 20, 1997 Recorded June 25, 1997 Reception No.' 405715 EXCEPTIONS NUMBERED 1, 2, 3 AND 4 ARE HEREBY OMITTED.