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HomeMy WebLinkAboutcoa.lu.co.914 E Cooper Ave.A005-99 ,-,. .,....." ,-, .,....." '- MEMORANDUM TO: Engineering Department FROM: Sarah Oates, Planning Technician Community Development Department RE: Lot 2, Phillips/Gordon Lot Split Subdivision Condominiumization DATE: January 21,1999 Attached is an application for Lot 2, Phillips/Gordon Lot Spit Subdivision Condominiumization for your review. I do not think it is necessary that this case be reviewed by DRC. Please return to me indicating necessary changes. ~. .-, /"".. BROOKE A. PETERSON GIDEON L KAUFMAN" HAL S. DISHLER ** LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 OF COUNSEL: ERIN L. FERNANDEZ- . ALSO ADMITTED IN MARYLANO - ALSO ADMmED IN TEXAS - ALSO ADMITTEO IN FLORIDA VIA HAND DELIVERY January 13, 1999 Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: MSJ Properties. LLC Ladies and Gentlemen: Please allow this letter to serve as the formal request for permission to condominiumize the newly-constructed duplex improvements located on Lot 2, Phillips/Gordon Lot Split Subdivision by MSJ Properties, LLC (the "Applicant"). The Applicant believes that this Application is in conformance with Section 26.88.070 of the City of Aspen Municipal Code because the enclosed draft of the Condominium Plat, reflecting all of the condominiumized units, complies with the requirements set forth in Section 26.88.070, and because the proposed condominiumiza:tion complies with the requirements of the Colorado Common Interest Ownership Act. The enclosed draft of the Condominium Plat, when approved and executed, will meet all of the requirements set forth in Subsection (B)(l)(b). There is nothing atypical about this proposal for condominiumization as it mirrors the condominiumization previously done to The Pyrenees Townhomes located on Lot 1, Phillips/Gordon Lot Split Subdivision and built by the Applicant's sister organization, AC.B.B. Properties, LLC. The undersigned believes that we have met all of the requirements set forth in the City of Aspen Pre-Application Conference Summary, a copy of which is enclosed herewith. With this Application you will find enclosed the following: 1. A Deposit of Four Hundred Fifteen Dollars ($415.00) for review of the Application. 2. A signed Agreement for Payment of City of Aspen Development Application Fees. 3. Proof of Ownership. 4. Letter of Authorization. ,'-' ~ Aspen/Pitkin Community Development Dept. January 13, 1999 Page 2 5. An 8Yz x 11 vicinity map locating the parcel within the City of Aspen and the proposed plat from the registered land surveyor. 6. Pre-Application Conference Summary Sheet. Two (2) copies of each of the requested documents have been provided. Should you need any further information, please do not hesitate to contact the office ofthe undersigned. Yours very truly, BAP/ljk Enclosures cc: MSJ Properties, LLC letters\asp-pit com dew msj properties ~ .,-, ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: MSJ Properties, LLC, a Colorado'limited liability company l. APPLICANT has submitted to CITY an application for condominiumization of the subdivision improvements on Lot 2, Phillips/Gordon Lot Split (hereinafter, THE PROJECT). Subdivision " APPLICANT understands and agrees that City of Aspen Ordinance ~o. 49 (Series of 1998) establishes a fee structure for Planning applications and the payment of all processing fees isa condition precedent to a determination of application completeness. . 3. APPLICANT and CITY agree that because of the. size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT 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 complere processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required 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 amount of $ 415 . 00 which is for fee * lla~rs af PIBfilliflg staff tiale, 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. * and $160.00 for engineering fees, By: , A--J~ C, a Colorado o~a~ . ..,~ k~~~ n, Attorney in Fact tephen M. Bellotti CITY OF ASPEN lie Ann Woods Community Development Director Mailing Address: c/o Brooke A. Peterson, Esq. Kaufman'& Peterson, P.C. 315 E. Hyman Avenue, ~u~te jU~ Aspen, CO., 81611 r--. /"".. BROOKE A. PETERSON GIDEON I. KAUFMAN' HAL S. DISHLER " LAW OFFICES OF KAUFMAN & PETERSON, P.c. 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 OF COUNSEL: ERIN L. FERNANDEZ- . ALSO ADMITTED IN MARYLAND - ALSO ADMITTEO IN TEXAS -- ALSO ADMmED IN FLORIDA VIA HAND DELIVERY January 13, 1999 Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: MSJ Properties. LLC Ladies and Gentlemen: Please allow this letter to serve as the letter required by Section 26.52.020 of the City of Aspen Municipal Code regarding ownership of Lot 2, Phillips/Gordon Lot Split Subdivision. Based upon my review of the records of Pitkin County, Colorado, as an attorney dcly licensed to practice law in the State of Colorado, I hereby certifY that MSJ Properties, LLC is the owner of Lot 2, Phillips/Gordon Lot Split Subdivision. This ownership is subject to the following mortgage, easements and contracts, none of which, in my opinion, affect MSJ Properties, LLC's ability to apply for condominiumization of the improvements located thereon: 1. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216. 2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 29, 1958 in Book 185 at Page 69. 3. Easements, rights of way and all matters as disclosed on Plat of Phillips/Gordon Lot Split Subdivision, recorded April 20, 1995 in Plat Book 37 at Page 1. 4. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Fcll Subdivision Process recorded April 20, 1995 in Book 779 at Page 126. 5. Terms, conditions, provisions and obligations as set forth in Curb and Gutter Agreement recorded April 20, 1995 in Book 779 at Page 131. ,-, .~ Aspen/Pitkin Community Development Dept. January 13, 1999 Page 2 6. Terms, conditions, provisions and obligations as set forth in Accessory Dwelling Unit Deed Restrictions recorded May 2,1996 as Reception No. 392317 and recorded March 20, 1997 as Reception No. 402663. 7. Deed of Trust from AC.B.B. Properties, LLC, a Colorado limited liability company, to the Public Trustee of the County of Pitkin for the use of Stephen M. Bellotti recorded February 2, 1996 as Reception No. 389623. 8. Deed of Trust from AC.B.B. Properties, LLC, a Colorado limited liability company, to the Public Trustee of the County of Pitkin for the use of Alpine Bank-Aspen Branch recorded September 29, 1997 as Reception No. 408963. 9. Deed of Trust from MSJ Properties, LLC, a Colorado limited liability company, to the Public Trustee of the County of Pitkin for the use of AC.B.B. Properties, LLC, a Colorado limited liability company, recorded October 1, 1998 as Reception No. 422682. Should you have any questions, please do not hesitate to contact me. Yours very truly, BAP/ljk cc: MSJ Properties, LLC letters\asp.pit com dev msj properties exceptions ,-, /"".. VIA HAND DELIVERY January 13, 1999 Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Re: MSJ Properties. LLC, a Colorado Limited Liability Companv Ladies and Gentlemen: Please be advised that the Applicant's name is MSJ Properties, LLC, a Colorado Limited Liability Company (the "Applicant") and its address is c/o Stephen M. Bellotti, Merrill Lynch Credit Corporation, 250 Vesey Street, 8th Floor, New York, New York 10281. Mr. Bellotti's telephone number is 212-449-7377. The Applicant can also be reached care of John Davis at 927-9700 or 379-6392. The Applicant's representatives are John Davis whose address is PO Box 966, Basalt, Colorado 81621, and whose telephone numbers are listed above, and/or Brooke A. Peterson, Esq., Kaufman & Peterson, P.c., 315 East Hyman Avenue, Suite 305, Aspen, Colorado 81611; telephone: 970-925-8166. A copy of the Power of Attorney granting the undersigned the authority to execute this letter is enclosed. Please feel free to contact me if you have any questions. BAP/ljk Enclosure letters\asp-pit com dev msj properties proof r-"\. .~ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT I, STEPHEN M. BELLOTTI, whose address is Merrill Lynch, North Tower, 8th Floor, 250 Vesey Street, New York, New York 10281, reposing special trust and confidence in BROOKE A. PETERSON or ERIN L. FERNANDEZ of Kaufman & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, Colorado, 81611, hereinafter sometimes referred to as "Attorney-in-Fact", do hereby make, constitute and appoint said Brooke A. Peterson or Erin L. Fernandez, as my true and lawful Attomey-in-Fact in my name, place and stead, for the following purposes and on my behalf, from time to time, to do any and all of the following acts, as fully as I might do or could do if personally present, to wit: To make and execute, in my capacity as a member or manager ofMSJ Properties, LLC, a Colorado Limited Liability Company, or individually, any and all promissory notes, security instruments, pledge agreements, assignments of promissory notes and/or deeds of trust, financing statements and loan documents which may be requisite or necessary to evidence any loans to MSJ Properties, LLC, a Colorado Limited Liability Company, from Merrill Lynch Credit Corporation in the principal amounts of Nine Hundred Forty-Five Thousand Dollars ($945,000.00) and in the principal amount of Three Hundred Fifteen Thousand Dollars ($315,000.00) to be secured by the following described real property: Lot 2, Phillips/Gordon Lot Split Subdivision, according to the Plat thereof recorded April 20, 1995 in Plat Book 37 at Page 1 as Reception No. 380697 of the records of Pitkin County, Colorado. , , .' And further, to execute, either individually or in my capacity as either a member or rnanager of MSJ Properties, LLC, a Colorado Limited Liability Company, any and all documents necessary to complete the condominiumization of the above referenced real property, including, but not limited to, condominium maps, plats, declarations and land use applications, said condominiums to be called Independence Gate Townhomes, a Condominium. Further, I hereby warrant the said authority granted above and I ratify and confirm all that my Attorney-in-Fact shall do or cause to be done. This Power of Attorney shall not be affected by my disability. IN WITNESS WHEREOF,J have hereunto set my hand and seal this 31" day of December, 1998. ~L IN I?...u-:'-a;;;' STEP M. BELLOTTI STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ..,J The foregoing document was acknowledged and sworn to me before me this 31" day of December, 1998 by Stephen M. Bellotti. ~~/<). Notary IC . indop<nd.." !!} I ~ r! I / f / -\ f "\( I I / I 0 ! ~ f & I I I ~ I "'" / CJ ~ C). 0- f ~ c::r I CJ ~ ~ / \J ~. I ~ >- / r- / - z I - <..> - > '" 0) ~ ~ z : <( .. ~ i :r . w ~/' ft' .I/~~ II 1""'\ ..;...---:; ~ fo- " " 0 fo. ~ L .... 0 0 z u :> . ... e . I- .. ~ - ft Z . " 0 ~ L ... 0 ,0 z u a . ... e . .., \ WEST . :~ 7-J I ,-, ~ z ... a ... ... . " c .. .. ~ i ;;; 0 z z . . g~ ~ zttl ~ ~ ft . e ~ .. . ft e 0 ... ... . ... ~ o u , I - ft ~~ Z " ~ / 0 0 i ~ .... .,... ~ L ~ . ...: w 0...........:/ ~ ... 0 . - 0 z'''' a: 0 z .. . :.: u " .. u / l- lL " > . 0 . - . .. 0 . .. .. V w- e U e .j .,/ " . . ~ 0." .~n.'_~/ I 0 'e l , V , l . . 0 , w CJ....'..~i'. - .. - ft - .r-' ft - . ~. . . 0 " . " .. " 0 /'0 0 . 7 ., . > . ...........LA ~ L .' O. 1( ~ - ~~ . " ... ... 0 '. . .~ 0 Z . '0 0 Z ~ I~ u 3----r. i u :> , -< - ~~ . ... . .. i ~A r: ' . I . e. . o z IIJ ..J < o (/) ..~ 'or ft ~~1 I " z J e ~~ I JAN-05-1999 09:08 FROM ASPEN/PITKIN COM DEU r-, TO 99251090 P.01 ,-, ; !, ! CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLA.N1ffiR: , PROJECT: REP$ENTATIVE: OWNER: TYPEbF APPLICATION: , DESCRIPTION: I Chris Bendon, 920.5072 Condominiumization of Brooke A. Peterson of MSJ Properties, LLC . Subdivision exemption for Condominiumization . DATE: 1.5.519 Lot 2, Phillips/Gordon Lot Split Kaufman & Peterson, P.C. Subdivision ,. , i: Land /Jae Code Section(s) 26.88J070 Condominiumization 26.521 Development Review Procedures 26.521030 Application and Fees I I i Revie\j< by: / , , Public/Hearing: Referr;u Agencies: Planni~g Fees: Referrjtl Agenoy Fees: Total J;>eposit: i Staff for complete application, referral agencies for technical considerations, Community Development. Director for final approval. No. Engineioring, , Planning FIat Fee $255 Engineering $160 $415 To apj3ly, submit the following information: ! ]. : Total deposit for review of the application. 2. : Signed fee agreement. 3_ ! . Proof of ownership. . 4. I Applicant's name, addn:ss and telephone number .in a lett;er signed by the applicant, which also states the name, I address and telephone number of the representative. Include ~treet address and legal description of the property. 5. ! Summary letter explaining the request (existing conditions'a"nd 'proposed uses) and addressing the standards of ; the Land Use Code sections listed above. ' . 6, ! An 8 112" by I I" vicinity map locating the parcel within the City of Aspen_ 7. ' Old (existing) plat if one exists. (from City Engineering or County Recorder) 8. : Proposed plat from a registered land sJJrVeyor. Call City Engineer for plat requirements. 920.5080 9. i Copies of prior approvals (from City Clerk) 10. ' 2 Copies of the complete application packet (items 3-9) i. ~ ProceSs: Applyj Planner reviews case for completeness and sends to Engineering and referral agencies. 1-2 weeks later pJallner will contaCt applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's sJJrVeyor makeslthose changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engin~cring suggestions and the Director approves, approves with conditions, or denies application based on consistency with tl:1e review criteria and technical considerations. Plat is then be signed by City Engineer. Applicant then can record the f~l plat at the County Clerk and Recorder (fee). , 71171 Phone # P06t-ir fill( Note oare Co.JOepl. Phone . F... Fax. TOTAL P.01