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HomeMy WebLinkAboutcoa.lu.su.Aspen Highlands deck.A06902 r~ ~ CASE NUMBER A069-02 PARCEL ID # 2735-143-14001 CASE NAME Amendment to Block E, Highlands Village Subdivision PROJECT ADDRESS Block E, Aspen Highlands Village PLANNE~ James Lindt CASE TYPE Subdivision Amendment OWNER/APPLICANT Hines Highlands Limited Partnership REPRESENTATIVE DATE OF FINAL ACTION 7/9/03 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY No Action Needed 7/9/03 J. Lindt r0 n J p~ ~orf;; ~eV"M~V\~{-.; o~ ~. No O-dioV) oV' 'Pb.+-OVVl~;<,1~~ if' 01/-1.. {"r''<e-d ~<€CA U-,50 If~ hi Q v..&; CC7V~'W\~ 6[/c>\J~ decJ-(s !--o -&li\cr!CJociA /l/\ +-0 CcnMVt{OV( (){ V~C\ ~ uL 7-/8/{;;-7 "'" "" Jun130-2003 11 :29am From-WEAR TR~'~UEGER & PERKINS t"""\l 9704787118 T-832 P,001/003 F-355 r\ t"""\ Wear, Travers, Krueger & Perkins A 'P1LO.F&SSlON,N. (:( )1U'O!tA'll()N AlTORNEYS Ar I.AW 'l'1}Ji Gl.ti.l'J. LYON :8L'WUt\lG,SUJ'11!.200 1000 S. F1tONTA\:E I(Ot'iD WI~T VAll. COLORADO 01657 J~R.WJWl RJCIII\RD D. 'UtA VJ:i1ts CtJtOL 0./\ VJ!:i ~UEmm GR.L.(;OltYW.llb:R.KJNS 'l'l!U.PJtONn: (?7rJ) 47~-7('% F....("',sTMTT.P: (970) 4i(;..711ls F..M....fT~ WC\l.m'IIV@~v,oom KUlb.'Tl:.N L CANADA I<IUS'J"l s. rr.mn.AltO,cclm:l\d ANN 1::. HUTC1'11$ON, cQllnll\:\ T~LECOPLER TRANSMITTAL TO: TELECOPY #: v ;';~v-543; ~ A /\" , ~lg!oL1 " Ai 0 rIa. 1- ~>Ld b it? CoV>LIAQ.IAt=S 14"'3' TL +/~/05 page telecopy (including this cover page). If you do not receive all any difficulties with this transmission, please call our office at (970) hank you. -- OPERATOR: . James Lindt DATE: FROM: CONFIRM #: Weare sending you a of the pages, Or enco 476-7646 immediately. Additiorull Comments .****...***.~...*.*.*..*..... THIS MP.SSAOli IS INTgNDED '~ CONTAIN INFORMATION THA LAW. If Ih,"" J'COider or lhi~ message r~jpll:na:J YOQ 1r'Q lll;fe\1y l'\Qd1led received lhi~ cammunication in e :lddrt~ ~ia lhe u,S, Pom! Service, ............................t..~.................................*...........*..****** ,e eel. ,'7Ef USg OF THE 1NDIVlIlUAL OR ENTITY TO WHICH IT IS ADDRJ;SSliD AND MAY IS PRJVll..0F.t>. CONFIDF.NTIAJ. AND .xaMPT FROM DISCLOSURE UNDER APPUCABLE nOl the in.tended recipient Ct the empl<Jyee or agioID'l responsible tot delivering the mesit\ge 10 lh.a intended tmy.4ill~enPTu;t.t1onl dllr."tTlb~Qon Ill' c,)l'ytns: ot ttill; ~mmlRlic:adOT\ 1$ stl'ic~ly p'l'Ql1f1)1ted. If~havc . please notify \.IS immediataly by ~Iephoni! (collect). and return thi! original :rtI.es:~gillO UIO al1ht: above n.k)'ou. Jun-~0-2003 11 :29am Fr.m-WEAR~E~~UEGER & PERKINS 9704757118 (""\, I~ T-m P,002/003 F-355 which driveways are 10 ated and as s[lccifically designated on the Plat. No Owner shall hinder nor permit his guest to der reasonable access by any other Owner and his guest to the Units. Section 8.2 rded Easemcnts. The Pwpcrty shall be subject to all easements as shoWll 011 any record plat affecting the Propcny and to any olher easelllents and licenses of record or of use as ofth date of recordation of Ihis Declaration, which easements and licenses of record are set forth on the attached .E!'.b.iliil..D. Tn addition, the Property is subject to those easctJlents set forth in t s Article 8. Section 8.3 's . I " t Co Marketin . Declarant, for itself and its successors d specific assigns. hcreby retains a right and easement of ingress and egress over. in, upon, nder, and acr,)ss Ihe Property and the right to store materials on the Property and to make ch other use 0 r the Propclty as may bc reasonable necessary or incident to the complete cons tion and sale of Ihe Project, including. but not limited to, construction trailers, temporary co ction offices, sales offices, and directional and marketing signs; provided, however, Ih no such rights shall be exercised by Declarant in such a way as to unreasonably interfere ith the occupancy, use, enjoyment, or access by any OWller, or family members, guests, lellan ,or invitccs or' 'illY Owner. Declarant, for itself and its successors and specific assigns, her retains a right 10 maint<lin any Unit or Units as sales offices, management offices, cA,] ,e~!don0es so long (,S Declarant. or any Successor Declarant, continues 10 own, leas , or conuol :\ Unit. The use by Declarant of any Unit as a model residence, ollice, or ot r use shalllltll affect U,e linit's designation on the Map as a separate Unit. Section 8.4 8.4.1 8.4.2 casement for the main. in the future, OD the Un ch Unit is subjecl 10 a blanket easement for support and a blanket ance of me structures or improvements presently situated, or to be built 8.4.3 ere' is hereby created a blltnket easement upon, across, over, in and tinder the Property f~. ~~ benefit of the Units and the stl1lCturcs and improvements situated thereon. inCluding tbeany walis, for ingress and egress, installation, replacine, repalrlngand maintaining a common re safety sy~klll. if ,my, and all utilities, including, but not limited to, water. sewer. gas, tel one, cable television and electricity. Said blanket easement includes HhrdlllUJf'DlIPllOwmwmes\dlfdam n 8id 15 ~l~~~4I!IM!~l~1'1'!~!!IIUJlIIW'!lsijl"l 1" 0' 411 R ZZll.ee D e.1III It e.ee PZ'Il(ZN COUMTY CO '- Jun-~0-200S 11 :29.m From-WEAR *~UEGER & PERKINS 9704767118 T-m p, DOS/DOS ,F-m 00 future utility services t preselltly available 10 the Unit~ which may reasonably be required in the future. By virtue of tlus easemenl, it shall ht: expressly pennlssible for the companies providing utilities to t and n1l1inta;1I the nccessary equipment on any of the Units and to affix and maintain electrical dial' lelcphollc wire., cireLlilS and conduits on. above, across and under the roofs and exterior ails of the improvements, all in a manner customary for such companies in the area surroundin 'he Property, slIb}ecl to approval by the Association as to locations. By virtue of this easemen it shall also b" expressly permissibly for Declaranlto affix, erect and/or maintain equipment, .")^)C,~bhg, circuits and conduits within any Unit and facilities and appurtenances within y "sprinkler room" of a Ullit related to a common fire safety system, if any. servicing such U 't and other U"il(S) Served by sllch system. and an easement for thc installation, operation, aintenance, I'Cpl:lcemCn[ and repair of such system is hereby granted to Declarant and the Asso ation 8.4.4 Units serving more t Owners of Units Sery across those portions 0 driveway and as are reasonable access by an a Units Dlay hav~ cOlllmon ~ecess roads and/or d!iveways upon certain one Unit, and thcre is grantod hereby a non-exclusive easement to !be y any such f\,,,d or drivew.\y for ingress and egress purposes over and Common Men and such Units which are used as a common road or on the Pbl, No Owner shall hinder nor pennit his guest to hinder ; other Owner '''<I his guest 10 the Units and parking areas. 8.4.5 T declarant under the Masler Declaration and the officers, agents, employees and indepen ent contractms of th~ Ma!ikr Association shall have a nonexclusive easement to enter upon C ,Properly for the purpOse of performing or satisJying their respective obligations as sat faIth i the Master De,~laralion and other Master Association DocumCllts. Section 8.5 R erva Qt. ~'xpal'sion. Declarant hereby reserves to itself and the ASsociation and/or for ers in all flltllN phases of [he Project an easement and right-of-way over, upon and aCfOSS Property fOl' ",mSlrUe(;on, utilities, drainage, irrigation, and ingress to and egress from the Ex ansion l'ropeny, and other properties abutting and contiguous to the Property and the EJ(l'~" ^)'~ l'ro;,erty. llnd fur use of the Common Ares as may be reasonably necessary or incident to e construction "f improvements on the Units or other improvements on the Property Or the Exp ion Property; "rovilled, however, that no Such rights shall be exercised by Declarant in a WIly hich unreasllllilhly interferes with the occupancy, \IS~, enjoyment, or aecess to the Project by e Owners. The local ion of these easements and rights-oC-way may be made certain by Deel t or the Association by instruments recorded in the Office oCthe Clerk and Recorder, Pitkin Co !y, Colorado. I aint..\ cc HllSe\1~, An easement is hereby reserved to the Associ:llion, and any member of the Executive :Board or the ir respective (lfficers, a!lenls, employees, and assigns, upon, across, perty and a ri:\lll to make such use oCthe Property as may be necessary merllency "'pairs, (0 perl:;'rm the duties and functions which the r pennitted to perfOTnl pursuant to the Association Documents, or to icle Sand Anic!. G above, illcluding the right to enter upon any Unit Section 8.6 Declarant, and granted Managing Agent, and over, in, and under the or appropriate to make ASSOCiation is obligated exercise its rights under Hlitt::Jlm41'C(11f ltn4lnlloma"'~ln",'I(tn 16 tl"I~41IUI~llWIU~IIIIUBUW~~ IIl,1 l' of 415 R 22!." D.... N '.11 PITKIN COUNTY CO '...iC.,--,,~'.- ~ 'Hr~:----'" '"M"'. ~./ "U4'''''' T-6IZ P,OOZ/OOI F-IS! ~rj J which driveways are 10 ated llI1d lIS sp~cifical1y designated on the Plat No Owner shall hinder nor permit his guest to er reasonable access by any other Owner llI1d his guest to the Units. Section 8.2 rded EasclllclllS. The Property shall be subject to all easement. as shown QIl any record plat affecting the Propcrty 3nd to any other easetl1el1ls and licenses of reCord or ofuse as ofth date of recordation of Ihis Declaration, which easements and licenses of record are set forth on the attached bhibit O. Tn addition, the Property is subject to those easements set forth in t s Article 8. Section 8.3 C' a 's i h s I Olden! to Co s e n Marketin . Declarant, for itself and ils successors d specifIc assigns. hereby retains a right and easement of ingress and egress over, in, upon, nder, and ae'\lSS the J>ropcnyand the right to store materials on the Property and to make s h other use 0 r tile PropcI1y liS may be reasonable necessary or incident to the complete cons tion and sale of the Project, including, but not limited to, construction !railers, tcnnporary co truction offiees. sales offices, and directional and madceting signs; provided, however, th no such rights shall be exercised by Declarant in such a way as to unreasonably interfere ith the occup,mcy. use, ~'I1joyment, or access by any Owner, or family members, guests, tenan or invi\ces or' ally Owner. Declarant, for ilself and its successors and specific assigns, her retains a right 10 maintain any Unit or Units as sales offices, management offjc~, c ',,', "~s;del1ces so long (IS Declarant, or any Successor Declarant, continues to own, leas , or control :t Unit The use by Declarant of any Unit as a model residence, office, or ot ruse shalllllll affect Ule lJnit's designation on the Map as a separate Unit. Section 8.4 8.4. I ch Unit shal J be subject to all easement for encroachments created by construction, settling d overhang, previously existing or as designed and constructed by Declarant or asa result of any addition or improvement pursuant to this Declaration including, without limitation, any tips'and decks encroaching into the Common Area. A valid easement for such encroachmen and for the mtdmcnance of same, so long as they exist, shall and does exist. In the event improvement is pnrtial1y or totally destroyed, and then rebuilt. the Owners agree that min cQcroaclunent, of purls orUle adjacent Unit dlle to constmction shall be pemitted and that a v id easement for said encroachment and the maintenance thereof shall exist so long as the imp vements shall sr3l\d. 8.4.2 casement for the maim in the future, on the Un ch Unit is subject to a blanket easement for support and a blanket' ance of the Slructures or improvements presently situated, or to be built 8.4.3 ere' is hereby creared a blllnket easement upon, across, over, in and tinder the Property f"~, 1.". benefit of the Units and the structures and improvements situated thereon, including !be arty' 'IV alis. for ingress and egress, installation, replacing, repairing and maintaining a common Ire safety syslcm.if any. ano all utilities, including, but not limited to, water, sewer, gas, tel one, cable television and electricity. Said blanket easement includes Hme~1mtJ1'OOn IDWMO'11leSldl!l:/.t'D n 8m 15 11111lI1I1lI1I1II1111I1111111I/111II11I IIII1BII III IIII 439494 DI/12/ZlIe 11'11. COVENANT DAVIS SJLVI I' of 45 R 225.11 D e.1I It .... 'ITKJH COUNTY CO M_._....~___._.... 1"""\ ~ . r1 ~J MEMORANDUM TO: Plans were routed to those departments checked-off below: o umU.U. City Engineer o .uuuuu Zoning Officer o .mUU'U Housing o uuumu Parks Department o uuuu.u Aspen Fire Marshal o um.mU City Water o uuuum Aspen Consolidated Sanitation District o .muu.U Building Department o .mmm. Environmental Health o uUU'UU Electric Department o .uuuuu Holy Cross Electric o mmUU. City Attorney o u.uuuu Streets Department o ummm Historic Preservation Officer o uumuu Pitkin County Planning X ........ Community Development Engineer TO: DRC Representatives FROM: James Lindt, Planner Community Development Department 130 S. Galena St; Aspen, CO 81611 Phone-9205095 Fax-9205439 RE: Plat amendment for Block E, Aspen Highlands Subdivision DATE: August 21, 2002 Please return comments by August 23'd. r~ r'""l , , MEMORANDUM To: Matt Stokes, Hines Highlands Limited Partnership From: James Lindt, Planner Date: August 27,2002 Re: Block E, Aspen Highlands Village Subdivision Amendment Plat- Community Development Department's Comments Please make the following changes to the Block E, Aspen Highlands Subdivision Amendment Plat prior to submittal: 1. Please show both the existing and proposed property lines. 2. Please provide signed letters of consent from every property owner within Block E, of the Aspen Highlands Village SubdivisionIPUD at the time of submittal for signatures. 3. Correct the Aspen Sanitation District's issue about the width of the sewer easement on a separate document. Please provide a recorded copy of said document at the time of submittal for signature. Please remove Plat Note No. 13 regarding the sewer easement 4. Please provide a letter of consent from the Utility Agencies that are benefited by the utility easement that the deck of Unit 10 encroaches within. 5. If there is a description of the common area in the covenants or related documents, such documents must be amended to reflect the proposed change. 6. All of the Community Development Engineer's Comments must be reflected on the final set of two mylar plats in addition to the Community Development Department's comments. 7. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. r-, ( ! r-"'\ ,. .; MEMORANDUM To: Matt Stokes, Hines Highlands Limited Partnership From: James Lindt, Planner Date: August 27,2002 Re: Block E, Aspen Highlands Village Lot Line Adjustment Plat- Community Development Department's Comments Please make the following changes to the Block E, Aspen Highlands Subdivision Amendment Plat prior to submittal: L Please amend the title ofthe Plat to read as follows: "Lot Line Adjustment Plat of Block E, Aspen Highlands Village PUD". 2. Please add the following plat note: "Approval ofthis Lot Line Adjustment will not affect the development rights, allowable FAR, or permitted density on any of the lots involved in said Lot Line Adjustment" . 3. Please change all signature blocks to say "Lot Line Adjustment Plat" rather than "First Amended Plat" . 4. Please show both the existing and proposed property lines. 5. Please provide signed letters of consent from every property owner within Block E, of the Aspen Highlands Village Subdivision/PUD at the time of submittal for signatures. 6. Correct the Aspen Sanitation District's issue about the width of the sewer easement on a separate document. Please provide a recorded copy of said document at the time of submittal for signature. Please remove Plat Note No. 13 regarding the sewer easement. 7. Please provide a letter of consent from the Utility Agencies that are benefited by the utility easement that the deck of Unit 10 encroaches within. 8. If there is a description ofthe common area in the covenants or related documents, such documents must be amended to reflect the proposed change. 9. Please show existing and proposed lot lines on the plat. 10. All ofthe Community Development Engineer's Comments must be reflected on the final set oftwo mylar plats in addition to the Community Development Department's comments. r-, { 1 o 1 L Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department