HomeMy WebLinkAboutcoa.lu.co.728 E Hopkins Ave.A019-02
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A019-02
2737-073-33004
7.28 E. Hookins Condominiumization
728 E. Hookins Ave.
James Lindt
Condominiumization
Buzz Dookins
3/21/02
Plat Recorded
3/25/02
J. Lindt
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MEMORANDUM
To: Buzz Dopkin, Dopkin Development
From: James Lindt, Planner ..:sL.-
Date: March 4, 2002
Re: 728 E. Hopkins Condominium Map- Community Development
Department's Comments
1. Indicate Zone District.
2. Include Plat Note that states that the pavement is snowmelted or
indicate area for snow storage.
3. All ofthe City Engineer's Comments must be reflected on the final set
oftwo mylar plats in addition to the Community Development
Department's comments.
4. Obtain all signatures with the exception of the City Community
Development Director, City Engineer, and Pitkin County Clerk and
Recorder prior to submitting mylars to Community Development
Department.
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To: Files
From: John Niewoehner, ComDev Engineer
Date: March 1, 2002
RE: Comments on Hopkins Roan Condominium Map
After review of the blue lines by Richard Goulding and myself, we developed the
following list of comments. Thereafter, I telephoned David McBride of Aspen
Survey and informed him of the comments.
. Sheet 1 - What does it mean by the language "see paragraph 11.7
and 11.9 of Article II of the Declaration of Access Easements...."
David's response: These refer to the condominium documents allowing
the utility companies access to their meters.
. Sheet 2 - Aspen Survey needs to fill in the missing paragraph number
that references the above mentioned declaration of access easements.
David's response: He will fill in the missing paragraph number.
. Snow storage should be shown on alley side (north side) of building.
David's response: He will designate an area for snow storage.
. Ql:lilElil'1!j setbacks ar-e FRissiAS fro!.. tl,e I"ap. uL-
Da'.'fg'g .V'-egpon9~' HI; lv.iH adrl fhAm as a olaf notA
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Johnn>D:/JohnN/A019-02
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MEMORANDUM
TO:
Plans ~e routed to those departments checked-off below:
)t5L......... Com Dev Engineer
o ........... Zoning Officer
o ........... Housing Director
o ........... Parks Department
o ........... Aspen Fire Marshal
0........... City Water
o ........... Aspen Consolidated Sanitation District
0........... Building Department
o ........... Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
o ........... City Attorney
o ........... Streets Department
o ........... Historic Preservation Officer
o ........... Pitkin County Planning
FROM:
James Lindt, Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
RE:
728 E. Hopkins Condominiumization
Parcel ID #2737-073-33-004
DATE:
March 1,2002.
COMMENTS:
Please review and return comments to me by March 8th.
Thank You,
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130 S. Galena Sl.
AspenC081611
(970) 920-5090
(970) 920-5439, fax
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Aspen/Pitkin
Community
Development
Department
Fax
To: Buzz Dopkin From: James Lindt
Fax: 920-2712 Pages:
Phone: Date: 3/4/02
Re: Condominium Map Comments CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
Hi Buzz,
Please have the attached corrections made to the Condo Map and then have two mylar copies made.
Please get all of the signatures completed on the mylars with the exception of the City Engineer, City
Community Development Director, and the Pitkin County Clerk and Recorder and submit the mylars to
myself. There is a $10 per page recording fee, so please make a check out to the Pitkin County Clerk
and Recorder for $30 and turn it in with the two mylar copies of the map.
Thanks,
James
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11.3 Emergency Easement. A gencral easemcnt is hereby granted to all police, sheriff, fire
protection, ambulance and all other similar omergency agencies or persons to enter upon any portion
of the Project in the proper performance of their dutie~.
11.4 Utilities, There i" hercby created a blanket easement upon, across and through the
Common Elements for the in~tal1ation, replacemcnt, repair anJ maintenance of utilities, including
but not limited to water, ~ewer, ga~, te1ephonc, electricity, computer, cable, and mastcr television
antenna or cable or satcllite television ~ystems, if any. By virtue of this blanket easement, it shall he
expressly permissible to erect and maintain the facilities, equipment and appurtenances on the
Common Elements necessary to repair, and maintain water and sewer pipes, gas, elel,.1ric, telephone,
electricity, computer and television wires, cables, circuits, conduits and meters. If any utility or
quasi-utility company furnishing a service covered by the general casement created herein requests
a specific casement by separate recordable document, Declarant reserVe" and is hereby given the
right and authority to grant such ea~ement upon, across, over or under any part or all of the Common
Elements without conflicting wilh the terms hereof, provided, however, that such right and authority
~hall l..'ease and terminate upon the earlier of ten (10) years after recordation of this Declaratior.. in
the records of the County of Pitkin, Colorado, or conveyance by Declarant of thc last Condominium
Unit to the First Owner thereof (other than Declaranl), at which lime said reserved right shall
thereafterperrnanently vest in Ihe Associatiun, The easement provided for in this Section 11.4 shall
in no way affect, avoid, extinguish or modify any other recorded easernent(s) On the Common
Elements.
11.5 Maintenllnce Easement. An easement is hcreby grantcd 10 the Association, it~ officers,
directMs, agents, employees and assigns upon, across, over, in and under the Common Element~,
and a right to make such use of the Common Elements as may he necessary or appropriate t(l
perform the maintenance and repair dUlies and functions wt.ich it Is obligated or permitted to
perform pursuant to this Declaration, including the right to construct and maintain on the COmmon
Elements maintenance and storage facilities for use by the Association.
11.6 Drainllge Easement. An casement is herehy granted to the Association, it" officers.
agents, employees, successors and assigns to enter upon, across, over, in and under any portion of
the Real Property for thc purpose of changing, correcting or otherwise modifying the grade or
drainage channel~ of the Real Property to improvc the drainage ofwaler on the Rcal Property.
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( 11.7 Easements of Access for Repllir, Maintenllnee and Emergencles. Some of the
Common EleQilenls are or may be located within a Unit(~) or may be conveniently accessible only
through a Unit(s). The Owners of Nher Unil(~) and thc Assol,.~ation shall have the irrcvocable right,
to be exercised by the A~~ociation as their agent, to have access to each Unit and to aU Common
Elements from time to time during such reasonable hours as may bc necessary for the maintenance,
repair, removal or replacement of any of Ihe Common Elements or ally ulility Jines or pipes which
are not Common Elements, h.cated thcrein or accessible therefrom, or formaking emergency repairs
therein nece"sary to prevent damage to the Common Element~ or to any Unit. Subject to the
provision~ of Section 6.2 hereof, damage 10 the intcrior of any part of a Unit resulting from the
maintenance, repair, emergency repair, removal or replacement of any of the Common Elements or
as a result uf emergcncy repairs within any Unit at the in~tance of the As~uciation shall be an
expensc of the Owners apportioned in accordance with Section 7.3. Damage to the interior part. of
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Mar-04-02 11:24A Buzz Dopkin
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P.02
any Unit resulting from the installation, movement, repair, emergency rl'Pair, removal or
replacement of any utility lines or pipes not servicing more than one (1) Condominium Unit shall
be the expense of the Owner whose unit such utility lines and pipes serve and such expense may be
reimbursed through an individual Purpose Assessment. Non-emergency repair!! shall be made only
during regular business hours on business days after twenty four (24) hours notice to the occupants
of the Unit wherein such repairs are to be made, except where the occupants have no objections to
earlier entry. for repair!!. In emergendes the occupallts of the affected Unit shall be warned of
impending entry as early as is reasonably p\)ssible.
11.8 Construction Utility Eltsement. Each Owner shall have an easement in, upon, under
and aCrOSS the Common Elcments for the construction and instRllation of any duct work, additional
plumbing or other additional services or utilities in the Common Elements in connection with thc
improvement or alteration of any Condominium Unit, subject to approval by the Association
following review by the Association or its agents of final construction plans for the proposed
improvement or alteration, with all such documents andlor plans being prl)vided by the Owner
proposing iJ'!lprovement Of alteration at such Owner's sole cost and expense.
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/ 11.9 D~clarant's Rights Incident to Completion of the Project. Declarant, for itself and
it~ s\.ccessors and assigns, hereby retains a right and easement of ingress and egress over, in, upon,
under and across the Common Elements and the right to store materials thereon and to make such
other uses thereof as may be reasonably necessary or incidental for the purpose of the completion
or improvement of the Project, the performance of Declarant's obligations hereunder, Lhe salc ofthe
Unitb and the exercise of Declarant's special rights under Section 12.2 and Article 17 hereof,
provided, however, that nO such rights shall he exercised hy Declarant in such a way as to
unreasonably interfere with the occupancy, use, enjoyment or acceSs by any Owner, such Owner's
family members, guests or invitees, to or of such Owner's C.ondominium Unit Of the Common
Element.. The rights of Declarant under this section shall terminate upon conveyance by Declarant
of the last Condominium UnitLo an Owner other than Declarant or Len (10) years after the recording
of this Declaration, whichever occurs first.
11.10 Easemenu Deemed ~reated. All conveyances or Units hereafter made, whether by
Declarant or otherwise, shall be construed to grant and reserve the easements contained in this
Article 11, even though no &pecitio reference to such easements or to this Article 11 appears in the
instrument for such conveyance.
ARTICLE 12
RESTRIt."TIVE COVENANTS
12.1 Residential Use. Subject to the provisions of Section 12.2 hereof, Units shall he used
for residential pUrp(lses only, including uses which are customarily incident thereto, and shall not
be used at any timc for business, commercial or professional purposes; pf\lvided, however, thatlhe
Own~rmay use such Owner's Unit for a professional or home occupation, so long as the applicable
governmental rules, regulations and nrdinances permit such use and there is no external evidence
thereof. Furthermore, the Deed Restricted Uoits shall be subject at all times to the rules and
restrictions or the Aspcn/Pitkin County Hou~ing Authority ("APCHA") contained the AspenIPilkin
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