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HomeMy WebLinkAboutpitkin.planning.273707219001DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) y„~.. J J I III VIII 111111 VIII 111111 IIII IIIIU III IIII IIII IIIIO 0 9 ©80 0003:431 ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR APPROVING THE 470 RED MOUNTAIN 1 & 2, LLCS' DETACHED CARETAKER DWELLING UNIT (0470 RED MOUNTAIN ROAD) Determination No.~-2005 RECITALS 1. 470 Red Mountain 1, LLC and 470 Red Mountain 2, LLC (collectively, "Applicant") have applied to the Community Development Director of Pitkin County, Colorado, to legalize an existing bandit detached Caretaker Dwelling Unit ("CDU") built by a previous owner above a garage on the property. 2. The Applicant's property is located at 0470 Red Mountain Road and is in the Urban Growth Boundary. The Applicant's property was previously the subject of a lot line adjustment.. See Book 27, Page 42. It is the Sadeghi Parcel, as defined and described on the Final Plat of the Sadeghi-West Lot Line Adjustment Plat recorded in Plat Book 27 at Page 42, Pitkin County, Colorado. It is zoned R-30. It contains 37,342 sq. ft., according to the Pitkin County Assessor's records. 3. The CDU proposed by Applicant will be limited to no more than 1,000 net livable square feet of floor area. Applicant will deed restrict the detached CDU pursuant (' to Subsection 3-150-130. 4. Applicant has provided an Affidavit of Mailing to confirm compliance with the Land Use Code's notice requirements for Special Review of a detached CDU. No objections to the CDU were received by Community Development within the time period allowed under the Land Use Code: 5. The application was referred to the Housing Office which recommended approval under specified conditions contained in this Determination. 6. The Director finds that the Applicant's detached CDU complies with applicable standards of the Land Use Code found at Subsections 3-150-130 and 3-210-020. THE DIRECTOR DOES HEREBY APPROVE the Applicant's request for a detached CDU, subject to the following conditions: 1. The detached'CDU shall not exceed 1,000 net livable square feet of floor area. 2. The kitchen for the CDU shall contain at least atwo-burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be provided for each bedroom in the CDU. 3. The deed restriction for the CDU shall be obtained by Applicant and recorded (i) within thirty (30) days after the date of this Determination, or (ii) prior to J r' ~ INIIII VIIIIilII VIII~IIIIIII ~I\OI III IIII~II 0 908 0? 03:431 - SILVIP DRVIS PITKIN COUNTY CO R 0.00 D 0.00 submission of any future building permit application for the lot, whichever occurs first. 4. Applicant shall adhere to all material representations made in the application. 5. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED: ~~~~ ~ ~~~ Ci~F~ouben Community Development Director Date: ~ 31 a~, 2005 P080-05 PID#273707219001 . . ~~10.d~,:r- • KLEIN, COTE & EDWARDS, P.C. ATTORNEYS AT LAW HBRBFRT S. RI.EIN hek(~kctlaw.m 201 NORTH MRL 57REET, ST& 203 I+WCB R.COTE,FC 4c~kcel=w.oet ASPQd,COI.ORAD081611 JOSEPH R. IOJWARDS, HL II.C jeaQk«lawnm TO,HPHONE: (970) 925.8700 MADHU B. IOtiSHNAMORTI mHc(t~kcehw.nel FACSB.BLE: (970)9254977 • bo dm9led'o Cdibmh April 1, 2005 Ms. Rose Ann Sullivan Pitkin County Community Development Department 130 South Galena St. Aspen, CO 81611 Re: 0470 Red Mountain Road, Aspen, CO ("Property") -Caretaker Dwelling Unit - PID #2737-072-19-001 Deaz Rose Ann: Please consider this letter an application for the conversion of existing floor area into a Caretaker Dwelling Unit for the Property. The applicants are 470 Red Mountain 1, LLC and 470 Red Mountain 2, LLC, the owners of the Property ("Owner'. Pursuant to the Pre-Application Conference Summary, which is attached as Exhibit PREAPP-1, a Certificate of Ownership is attached as Exhibit OWN-1, a consent to process this application from the Owner=is attached as Exhibit CPA-1, a list of adjacent property owners is attached as Exhibit AOL-1, a title commitment evidencing all mineral reservations, mortgages, judgments, mechanics liens, easements, contracts and agreements, if any, is attached as Exhibit TC-1, and the executed Fee Agreement is attached as Exhibit FEE-1. This applicant!: is seeking approval for a Caretaker Dwelling Unit ("CDU") constructed over the garage by the previous owner without a permit. The Plat Map and an Improvement Survey showing the Property, and both showing the Building Envelope, are attached at Exhibit A. A vicinity map is attached at Exhibit B. The Floor and Elevation Plans for the CDU, as built are attached at Exhibit C. The legal description of the Property is Sadeghi Pazcel, as Defined and Described on Final Plat of the Sadeghi-West Lot Line Adjustment Plat Recorded in Plat Book 27 at Page 42. The street address for the Property is 0470 Red Mountain Road, Aspen, Colorado 81611. The Property consists of a residence and a detached gazage and is allowed a CDU. There is an approved Building Envelope located on the Property for the detached garage structure, and the proposed CDU is located within that envelope, above the gazage. A draft of a proposed deed restriction is attached hereto at Exhibit CDU-1. a0:i~103 Ms. Rose Ann Sullivan Pitkin County Community Development Department April 1, 2005 Page 2 The Property requires more active management than it has been receiving and the owners wish to provide housing on-site for a cazetaker that is needed. We believe it is in the public's interest to allow this on-site housing to be created and occupied as proposed. This CDU cannot be sepazately sold nor converted to a free market unit. These provisions as well as other restrictions provided for in the Land Use Code pertaining to CDUs are incorporated into the proposed deed restriction at Exhibit CDU-l. Criteria of LUC §3-150-130 Caretaker Dwelling Units B. The Community Development Director, pursuant to the procedures of Section 4-40, may permit Caretaker Dwelling Units up to seven hundred (700) net livable square feet on any size lot in the R-30, AFR-10, RS-20, RS-30 and RS-160 zones, unless there is a timely objection pursuant to Subsection 5-80-010(J) in which the Boazd may approve or deny. All such units may be attached to, or within, the principal dwelling; within a properly approved outbuilding, or detached. (Note: The net livable square footage for Caretaker I l Dwelling Units was increased from 700 to 1,000 by Ordinance No. 037-2004, adopted I` July 24, 2004). Response: The floor azea to be converted to CDU is only 796 square feet. The caretaker unit is located above a properly approved detached gazage. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. Response: No new floor azea is being added, only existing floor space is being converted to the CDU. 2. There shall be provided one off-street parking space for each bedroom within the principal dwelling and one-off street pazking space for each bedroom in the caretaker unit. Response: There is a two caz gazage and two off-street pazking spaces for the four bedrooms in the principal dwelling in the area mazked Concrete Driveway on the Improvement Survey at Exhibit A. The CDU is a studio unit; however, there is also one off-street pazking for the CDU in the area mazked Concrete Driveway on the Irprovement Survey at Exhibit A. ~O.~UO4 Ms. Rose Ann Sullivan Pitkin County Community Development Department April 1, 2005 Page 3 3. The applicant shall by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from the original pazcel regazdless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may from time to time be established by said authority; be rented for terms not less than six (6) months if rented. The caretaker dwelling may be occupied by members of the immediate family even though they may not qualify as employees of the community. "Immediate Family" shall mean a person related by blood or marriage who is a first cousin (or closer relative) and his or her children. Response: The proposed deed restriction is set forth in Exhibit CDU-1. 4. The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. Response: The Applicant agrees to this requirement. Criteria of LUC §3-210-020 General Standards and Criteria A. The special review use shall consider the applicable County Master Plan. Response: Providing additional housing for employees of Pitkin County within or close to the Urban Growth Boundary is a primary goal of the applicable County Master Plan. The CDU would promote this objective. L~ B. The special review use shall not conflict with any applicable sections of the 'tkin County Land Use Code, including the County Land Use Policies in Articl Response: The Pitkin County Land Use esses a desire to see more CDUs constructed within or ' tance, in the repealed and re- enacted Code S do 9-110-0 ,the Code provides additional incentive for the construc s by allowing and exempting one CDU from Growth Management on any lot or parcel. aa..ioo~ Ms. Rose Ann Sullivan Pitkin County Community Development Department April 1, 2005 Page 4 C. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The Property is located in a residential zone district. Since the CDU would be used as a residence, it would be consistent with the intent of the zone district. D. The special review use shall be compatible with the chazacter of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the pazcel proposed for development. Response: The residential use proposed for the CDU would be compatible with the residential chazacter of and uses in the immediate vicinity. E. The location, size, design and operating chazacteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehiculaz circulation, traffic generation, pazking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The CDU will create no adverse visual impact because it is housed in a structure already approved by the County and in place. The impacts on the remaining concerns will also be minimal as it is only a studio CDU which will limit the number of persons that can be housed there. F. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: There aze adequate public facilities and services to serve the CDU because there are already adequate public facilities and services serving the Property on which the CDU is located. G. An application for a special review use must demonstrate to the Boazd of County Commissioners that the proposed development will not: Materially endanger the public health, safety or welfaze; and oa coos Ms. Rose Ann Sullivan Pitkin County Community Development Department April 1, 2005 Page 5 2. Substantially injure the value of adjoining or abutting property. Response: The use of the CDU will not materially endanger the public, health, safety or welfaze because it will be used as a residence. The value of the adjoining or abutting property will not be substantially injwed because the CDU will not alter the visual impact of the structure that is already there. In fact having a caretaker living on the Property will help protect the Property, which would benefit the adjoining or abutting property rather than injure it. EI{IIIBIT LIST: 1. Pre-Application Conference Summary Sheet 2. Certification of ownership 3. Consent to process application 4. Adjacent Owners List 5. Title Commitment 6. Executed Fee Agreement 7. Plat Map and Improvement Survey for the Property, both showing the Building Envelope 8. Vicinity Map 9. Floor and Elevation Plans for the CDU, as built 10. Proposed deed restriction Exhibit PREAPP-1 Exhibit OWN-1 Exhibit CPA-1 Exhibit AOL-1 Exhibit TC-1 Exhibit FEE-1 Exhibit A Exhibit B Exhibit C Exhibit CDU-1 I would greatly appreciate yow processing of this application as soon as possible. Very truly yows, KLEIN, COT$ WARDS, P.C. By: rbert S. Klein N:iBlock~LT Rose Ann Sullivm re cdu app fwpd c~a' 1a~~ FEB 22,2005 09:92A . 3108990375 ~ page 2 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Rose Ann SuRvan PHONE: (970) 920-5482 E-MAIL• rg~p~cO.oitlcin.co.us LOCATION: 0470 Red Mountain Road APPLICANTlO1NNER: 470 Red Mountain 2 LLC C/o Wendy 8 Chuck Block 0470 Red Mountain Road Aspen, CO REPRESENTATNE: TBD DATE: 2/22/05 ZONE: R-30 PARCEL ID #l: 2737-072-19-001 (prev. 2737-072-00-018) E-IAAIL: Q~~s.dacktrenv net FAX: (970) 925587 PHONE: (970) 9253583 Type of Application; Special Review for a Caretaker Dwelling Urrt ("CDU`). Description of ProjectlDevslopment Applicant is proposing to legalize a second dwelling unit built over the garage- Under' ltw Prior owner, the unit was CO'd as an office and was not approved as a dwel8ng unit Subsequent to CO, a ~Brtirb was added to the unit Applicant is beerg red-tagged for the Zoning violation. Building envelopes wpYe previousy established for the properly in oonneaion with a 1041 Hazard Review. See Book 41, Page 74. Pitkin County Land Uss Coda: - Subset. 3-150-130; Caretaker Dwelling Units. - Sutrsec. 3-210-020: General Standards and Criteria (Speaal Revieuv). Rwiew By: Community Development Director. Public Hearing? ~. However, the applicant shall mail notice (by certified malt) to all adjacent property owners regarding the Spedal Review application for a CDU.. The fo-m of the notice shall be obtained from the Community Development Department The applicant shall obtain the names and addresses of the adjacent property owners from the latest records of the Pitlcin Courtly Assessor. A Property owner receiving the public notice shall have 30 days from the date the notice was postmarked tD object to the approval of the CDU. Any objections shall be made by sending a letter certified mail (post-marked no later than 15 days from the date the notice was Postrnarked) to the Community Development Director. Any objections to the CDU development application will resuk in a Board of County Commissioners public hearing. Staff VYIII Refef Application Ta County Housing Office. FEE: 1810 (make check payable to "Pi&in County Treasurer"). The Fee indudes a 61,290 non-reWndabk Planning fee based on 3 hours of staff time; if staff revrew time exceeds 3.6 hours, the appNCant WIII be charged for time in excess of 3 hours at a rate of x215 pw hour. The fee also indudes a :320 referral fee for the Courtly Housing Ofiica. The referral fee for the County Housing Office and Planning fee for the CDU Spedal Review have been doubled due to the enforcement action. Toapply, submk the Fee specified above and 2 coQ_ of each of the following documents, unless ofhenwlse noted: 1. Letter of request, addressing the provisions of the Pitlcin County Land Use Code identified above and demonstrating that applk~rtt has met aA of the substantive review aiterla; 2. Consent from an authorized representative of the owner of the properly for any representative to process the aPP~tion (1 copy); _. _. .. Received Time Feb.22. 11:32AM -~ -- ---- -- ~Q ~.~s FEB 22,2005 09:92A • 3108990375 ~ page 3 3. Disdosrxe and proof of ownership compying with the requirements of Subsection 5-50-020(D) of the. Pitkin CourNy Land use Code (7 copy); 4. Street address and parcel description, induding legal description, and an 8-1/2"x 11" vicinity map locating the subjed property wiMfin Pitkin County; 5. Site plan locatrg the CDU on the properly within a previousy-approved building envelope; B. Floor and elevation plans for the CDU, as txiillt 7. F~aaculed Pitlrin County Community Devebpment Agreement for Payment of Land Use Application Fees fans (~ ~PY)~ 8. list of all atyaoent property owners and mineral estate owners (1 copy); and 9. This Pre-Application Conference Summary Sheet NOTES= PLEASE SUBMIT ONE UN60UND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMITTWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). PARCEL ID MUST APPEAR ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - The Pitkin County Land Use Code is available on-line at wwW.asnenaitkin.COm. This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided In this Summary Sheet is based on current zoning standards and the staffs interpiatetia-s based upon representations of the applicant. Additional information maybe required upon a complete review of the application and site visit(s). Received Time Feb.22•-11:32AM ~Qj009 E3C-IIBIT OWN-1 IQ.EIN, COTE & EDWARDS, P.C. 201 N. Mill St., #203 Aspen, CO 81611 970-925-8700 970-925-3977 fax Herbert S. I{leia Lance R CotB Joseph E. Edwards, III Madhu B. Krishnamurti Mazch 29, 2005 Pitkin County Community Development Department 130 S. Galena St. Aspen, CO 81611 Re: 0470 Red Mountain Road ("Property") -Special Review for a Caretaker Dwelling Unit - PID #2737-072-19-001- CertiScation of Ownership and Legal Description of Parcels To whom it may concern, With respect to the Property involved in the above application or whose consent could be necessary for approval of a Cazetaker Dwelling Unit above the garage on the Property, this letter is provided to certify the following Property legal description and ownership pursuant to the recorded plat and deeds for the Property: Legal Description: Sadeghi Parcel, as Defined and Described on Final Plat of the Sadeghi- West Lot Line Adjustment Plat Recorded in Plat Book 27 at Page 42, Pitkin County, Colorado. Ownership: 470 Red Mountain 1, LLC (by Warranty Deed recorded 11/13/2003 as Reception No. 491144) and 470 Red Mountain 2, LLC (by Quit Claim Deed recorded 3/3/04 as Reception No. 495156). Thank you for your cooperation. Very truly yours, KLEIN, COTE & EDWARDS, P.C. By: erbert S. Klein exh own-i.wpd ~0 ;010 r] EXHIBIT CPA-1 CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION Sadeghi Pazcel, as DeSned and Described on Final Plat of the Sadeghi-West Lot Line Adjustment Plat Recorded in Plat Book 27 at Page 42, Pitkin County, Colorado (the "Property") 470 Red Mountain 1, LLC and 470 Red Mountain 2, LLC, as the owners of the Property, hereby authorize their attorneys, being any and all of the attorneys in the law fum of Klein, Cote & Edwazds, P.C. (telephone: 970-925-8700; address: 201 N. Mill St., Ste. 203, Aspen, Colorado 81611), to process an application for a caretaker dwelling unit on the Property and to obtain all necessary land use approvals related to the foregoing. Dated: Mazch ~~ , 2005. Owners: 470 Red Mountain 1, LLC f~as Tmst~e of the 1985 Tmst, Sole Member ~t. 8th Floor Philadelphia, Pennsylvania 19102 (215)731-9450 470 Red Mountain 2, LLC By: ,. E e B ,Sole Member 820 Rittenhouse Squaze #302 Philadelphia, Pennsylvania 19103 (215)732-6264 CPA•f.wpd 7 li '1 ~ 1.I ADJACENT OWNER'S LIST GEORGE ROBERT A PO BOX 26 ASPEN, CO 81612 WEST ROBERT S PO BOX 1553 ASPEN, CO 81612 ~t}~o12 STURM MELANIE L THOMAS YVONNE REAL ESTATE PTNRS P 0 BOX 410 C/O VIVIANE THOMAS TRIMBLE ASPEN, CO 81612 52 B PATTON AVE PRINCETON, NJ 08540 WILLOUGHBY PONDS TRUST 110 N WACKER DR STE 330 CHICAGO, IL 60606 EXHIBIT AOL-1 ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PTTKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-pcti@sopris.net TJ Davis-tjd~sopris.net Priscilla Prohl-priscilla~sopris.net Joy Higens-joy~sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY FiAelity Natianal 1Ytlc Llxarance (:amlwmy Ilyll Wn Kmiuui AVrnue,$WeiW 6dm. CAVSfil4li253 ~~O:j013 Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Comparry CONIMITMENT FOR TITLE INSURANCE FIDELITYNATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy orpolicies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6)'months after the effective date hereof or when the policy orpolicies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized oj~cer or agent. IN WITNESS WHEREOF, Fidelity National Title Insurance Comparry has caused its corporate name and seal to be hereunto a,~`ued and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Countersigned: Authorized SignaWre FORM 27-083-66 (10/03) ALTA COMMITMENT - 1966 ~4 1Q~.~t CONDITIONS AND STIPULATIONS I. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Inswed has or acquves actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to pazagraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Inswed and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the inswing provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the Proposed Inswed may have or may bring against the Company azising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and aze subject to the provisions of this Commitment. ~0 -0~5 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 18, 2005 at 8:00 AM Case No. PCT18466PR0 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposedlnsured: Rate: (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposedlnsured: Rate: (c) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured: Rate: Tax Certificate: $ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: 470 RED MOUNTAIN 1, LLC, A DELAWARE LIMITED LIABLITY COMPANY AND 470 RED MOUNTAIN 2, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: SADEGHI PARCEL, AS DEFINED AND DESCRIBED ON FINAL PLAT OF THE SADEGHI-WEST LOT LINE ADJUSTMENT PLAT RECORDED IN PLAT BOOK 27 AT PAGE 42. Frrl~.r C07JN7Y TITLE, Eac. 601 E. HOPIaNS, ASPEN, CO.81611 9749257766 Phone/970-425-6527 Fax 877-2173158 Toll Free E-MAIL pcti®sopris.net Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. l~~ )~i~i SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. ~0'~017 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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, conflicts in boundary lines, shortage in area, encroachments, 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in United States Patent recorded June 28, 1905 in Book 136 at Page 323 as follows: "That the premises hereby conveyed by be entered by the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, for the purpose of extracting and removing the ore from such vein or lode, should the same or any part thereof be found to penetrate, intersect, pass through, or dip into the mining ground or premises, and a right of way thereon for ditches or canals constructed by the authority of the United States". 8. Ingress and egress for Red Mountain Road as constructed and in place. 9. Easement for Salvation Ditch as shown on Plat recorded in Plat Book 27 at Page 42. 10. Easements, rights of way and all matters as disclosed on Plat of subject property rewrded January 30, 1997 in Plat Book 41 at Page 74. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of Adjustment recorded April 9, 1997 as Reception No. 403273 as Resolution No. 97-02. 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of Adjustment recorded January 7, 1999 as Reception No. 426312 as Resolution No. 98-18. oa~~~s ADDTTIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, Gaims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or matertalmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Matertalmen's Liens executed by the persons indicated in the attached copy of said affidavit must be famished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Retarder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 07-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise wnveyed from the surface estate and that there is a substan8al likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT18466PR0 A and B are attached. ~a`l~i~ Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. ~a~~~o Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our intemet web sites; • From the public records maintained by govemmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized aceess or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services tp you or for other legitimate business purposes. Our iPolicies and Practices Regarding the Sharing of Your Personal Information We may shaze your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perforn marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you director give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you [he right to request corection, amendmentor deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee [o cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Bazbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and 470 Red Mountain 1. LLC and 470 Red Mountain 2. LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for special review for a caretaker dwelline unit (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 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. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of Iand use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1 610 which is based on 3 hours of staff time,* and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. 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. (* However, $320 of the $1,610 is a referral fee for the County Housing Office per the Pitkin County Pre-Application Conference Summary.) SIGNATURES ON NEXT PAGE Oajt322 Signature page for Pitldn County Community Development Department Agreement For Payment of Land Use Application Fees: PITHIN COUNTY Cindy Houben Community Development Director APPLICANT 470 Red Mountain 1, LLC 13y: Date ~ 30 ~ oS of the Date Trust, Sole Member 1521 I~t Street, 8'" Floor Philadelphia, Pennsylvania 19102 470 Red Mountain 2, LLC s e ock, Sole Member ~ 1820 Rittenhouse Square #302 Philadelphia, Pennsylvania 19103 ~(~C7 rOJ Date ~(1;;~23 VICINITY MAP EXHIBIT B J0;r~3~<t Start: End: 201 N MIII St 470 Red Mountain Rd Aspen, CO Aspen, CO 81611-1557 US 81611 US -- ~C~~ ,h. ~......i 1...... ____....;. .......:.......1 _._....._. ~....'CCJ .._.......... ~...... ~ . °' '.. • •'' _ ..• _ - - .';. • ,' 5*.~n ... is is ._ ,.._. _ - - _ _ _ - f .T• •rF ~~ ~~ .`'' K. .. !!.Y (a~ :. _ '.,. ;~• - - :%+a' i :S: - ~ ~ .~ _ , .. -.:f . ... 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RTKIN OJUNTY Trt LE, 110.- COMMITMENT W. 6413 W/5 - USED-IN THE PREPPR/SIgJ GF THIS SURJEI' ..~ ,r~ Q }~ C 66e ~° `~ ' `F t ~4-i~~J li~ 3 y.- ,a- A 1'. y' STJN~.uMN ~ ~I Q 1'.Y O SioNE 0 O' `. R'XII~p R~4 r w L.S. 70151 B" COM1C REUINING vALt u - ~ < CRAVE( ORryg AND . PARKING ~- \ 1 r~~~ Np i ~ ' iMb ~ C ~~p~ary F I `I \~ a d ~ 9 ~TGy'15'E Go71Y ;. \~, ,' Sa 4 - Sl1oE6Nl.. n .'.< PARLGL ~ b I~C'15'E waT'. O.'N7 K, ~ ~ ~ ..a ,: a ~ 3 7F'M'Q6' C 2959' ~. t aM'P3'6n•w+fT.t7' .Q "' ~ z 8 35•AY d".E Ay .'A A5'AO' W' N~.6-6Or I .16 5 . .S n I' • rP' _ .l _ y ~..r, ~~~~. J~ x .> i E i L o N °,. u 1 r-L 1, ~~ i wb. ' ~ 5A51 LF OFMING R31.NP idSNUMEMS A9 °.AfJYVIJ . ,y 4 - ~~ SURVEYOR'S C~RTIFIGAT~~ +% ' 1 ' ` ~ i ~ '~ ~ I HEREC/I GERiIFY TI'LAT THIS MAP rlLURATEIY LEPILTS A ' 51MVEY MACE UNDER MY SUPERVI510N EN xIUNE 2'i,19'12 _ ' ,'. _ CP 791C S'~MI PM4E,t CFTM E, BsOC~SNI - v1E57 1fN }.INE ., 1. } ',T gpJvSTMENG m1dN fdMTY;. LOIf~Rl~W ~E TN9 .4R3R5~.. ., ~.x. FRAME H2U% WP6 iDLND Y3 CC W"ATEQ ENTIRELY - r W4TYMN THE CFj:.NCahRY L1NE5 6R THE CE5CRIE¢7 x., Aa. C PFDt'ERfY TFIl~EICN NND pIMEN6KJN9 CF ALL /` EJUIL171NG5, NTS p~y~ R191if5-EF•y~T. y a~ ~ ,'r" -'~ IN eVtPENO: QC aVDrih9 tSME AND~I-P'IEN7M 5~'P' ~r.~~: CR GM THtSE PREMISES NYE ALLUIGtTELY SHE. s?~ ~. - ?~ 's Xj I .. ~ z / ~1,> ni (~l •~ . .ALPINE 9F,RVE75, MK ~'-~+~=-~--^ a - J JL1JE TI, !'192 L. ~*i L 5 ~-~ra'r~~. r ~~ ~ RECfFVED ~ ~~ 8 ~. JUN.t01996 +'~7 ~4~'k IN6 N 5 gy'p' STQ'E OJMIERCa W $IQIE) saaen,x y+~6 s~`MC OJR. li. EA:Mv1J PIAGER zwxunrvnveowexr 3 ~+~" - V 5 M.5 i9M9 - ~ ,. d ~ y;,~ , fYlwMlub,15 a LKi h'tlwr ~ iRM WFKr+EMENT.~,117VEY '. pica. c w'IR ER . S10EGHk t~ItCE6 aP 916 t 3Y ymRgNl-WLYf. 4Yf UN[ AWU37MEN7~ ^. :$ IMPROVEMENT SURVEY 1RCEL OF THE SADIGHI-WEST LOT LINE ADJUSTMENT COUNTY OF PITKIN, STATE OF COLORADO GAT 1 LEGEND LDCA APPF ASPEP = fWIAJ ,EHAR AND CAP ((51015)) ~ =SET ~1p AAb CM (P<5 JSSAS) ® = sraa caNMN ~ _~ = POYFR RIXE O = ELECTRIC METERS ^ = E(ECIMG 1NAM4 GWN~ = CCN[REIE MEY: . ®= MIXU a"CK NOTES 1) BASIS OF BEARING IS NIB'I C59'E BETNEEN THE SWTNEAST CORNER SAID PARCEL, A FWNO REPAR k CAP (LS 20131) AND THE 'X' df THE STONE CORNER FOR BROWN PUCER U.S.M.S 1500 AS SNOWN HEREON. 1J NO TILE INFORMATON WAS USED FOR 1HE PPEPARATIXJ ~ THIS SURV£T. . - -- }) UNLESS OTHERWISE SREGFlED. ALL UTUTY EASEMENTS, AS HELL AB AlL PUBLIC ANO PRIVATE RIGHTS OF WAY ARE DEDICATED TO THE PERPETUAL USE OF ALL UTILITY COIAPANIES FOR 1HE PURPOSE 6 iNSTALLINC, CONSiRUCTNG. REPLACING, REPAIRING AND MAINTAINING UNDERGRWND UTLITES AND DRAINAGE FACIUTES, INCLUDING BUT NOT LIMITED TO WATER, ELECTRIC. GAS, TELEPHONE ANO TELENSION LINES, TOGETiER ' WTH T1E RIGHT OF INGRESS AND EGRESS FOP SUCH INSTAILATW, CONSIRUCTW, REPLACEMENT, REPAIR qN0 MAINTENANCE AS WELL AS 1HE RIGHT TO 1HIM INTERFERING TREES AND BRUSH. IN NO EVENT SHALL TIE UTILITY CWPANIES E%ERCISE TIE RIGHTS HEREIN GRANTED AS 50 TO INTERFERE W1H THE USE OF WE RIGHT OP WAY FOR ROADWAY PURPOSES E%LEPT TO THE E%TENT REASONABLY NECESSARY TO ENJOY THE GRANT HEREBY MADE. ~O:i"~3U NOTICE An-ameB b CMmtlP bw W e mN ~moe my MW stlmhuedopw~gb6MmAJamTp MlMeglbyem A3rJ*~MGMOOVaweb MwA inmwaee6' W Avtim >®6vmmeraaa.6m6oeePRUe.Pm. s .EMUxrs SURVEYOR'S CERTIFICATE I, STEVEN A. YELTON, HEREBY CERTFY THAT THIS MAP ACCURATELY DEPICTS AN IMPROVEMENT SURVEY PERFORMED UNDER MY SUPERN9pl'W 10/29/03 OF THE ABOVE DESCRIBED PARCEL K LAND FCq NASSER SADECHI. THE LOCATON PND DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHT-OF-WAY IN ENDENCE OR KNOWN TO ME ANO ENCROACHMENTS BY 4R CPI THESE PREMIEES ARE ACCURATELY SHOWN. ~~~~~ ~~aaess ~ STEVEII A. YELTON PLS. / 33645 DALE: ~p/Z~O3 DAn: Lo/z9/w IMPROVEMENT SURVEY REY®ON: 11CP®AARCPA.~l98 BAD LWPBTIAYI GR®Ael. BJO[ _ PAe6_ ROCKY MOUNLAIN SURVEYING pe. mX TRW Rm: rn Elam T+BOIR aRP_aAAe cvA. eIe-mee r~r or ~ . rua: oaefi LEGAL OESCRIPTIBN OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR A CARETAKER DWELLING UNIT APPROVED PURSUANT TO SECTION 3-1 SO-130 OF THE PITKIN COUNTY LAND USE CODE THIS AGREEMENT is made and entered into by and between 470 Red' Mountain 1, LLC, whose address is 1521 Locust Street, 8'" Floor, Philadelphia, Pennsylvania 19102, and 470 Red Mountain 2, LLC, whose address is 1820 Rittenhouse Squaze, #302, Philadelphia, Pennsylvania 19103, the Owners (hereinafter referred to as "Owner's of real property in Pitkin County, Colorado, andtheAspen/PitkinCountyHousingAuthority,amuiti jurisdictional housing authorityestablished pursuant to the THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded on January 8, 2003 at Reception No. 477066 of the records of the Pitkin County Clerk and Recorder's Office (the "Authority"). WITNESSETH WHEREAS, Owner owns real property more specifically described as the Sadeghi Parcel, as Defined and Described on Final Plat of the Sadeghi-West Lot Line Adjustment Plat Recorded in Plat Book 27 at Page 42, Pitkin County, Colorado (hereinafter referred to as "Real Property"), which Real Property contains a studio caetaker unit located above a detached garage built in an approved building envelope. The studio contains approximately 796 net livable square feet (the "Caretaker Unit"). For purposes of this Agreement, the Cazetaker Unit, Ure Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property"; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Cazetaker Unit to employees and their families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis or to members of the immediate family of the Owner. NOW, THEREFORE, inconsideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the Cazetaker Unit described above shall not be sold or otherwise conveyed or separated from the Property regazdless of the ultimate form of ownership of the Cazetaker Unit. The Caretaker Unit shall remain as a sepazate dwelling unit so as to be capable of being occupied sepazately from the principal residence. 2. The use and occupancy of the Caretaker Unit shall henceforth be limited to occupancy by no more than two (2) adults, and related children, who qualify as employees of the community under such guidelines as may from time to time be established by the Housing Authority, or by members of the immediate family of the Owner even though they may not . qualify as employees of the community. "Immediate family" shall mean a person related by blood or marriage that is a Fust cousin (or closer relative) and his or her children. Owner shall have the right to lease the Caretaker Unit to a "qualified employee" of his own selection. Such ~O r:~3~ ~ s individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee. 3. Owner shallnot be required to rent the Cazetaker Unit, however, when rented, written verification of employment of employee(s) proposed to reside in the Cazetaker Unit shall be completed and filed with the Authority by the Owner prior to occupancy thereof, and such verification must be acceptable to the Authority. 4. Lease agreements executed for occupancy of the Cazetaker Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of the employee(s) for the Cazetaker Unit. 5. This Agreement may be removed by the Owner upon the approval of the Community Development Director of Pitkin County, subject to the requirement that the Cazetaker Unit is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a "Dwelling Unit" as defined in the Pitkin County Land Use Code and must meet otherwise applicable code requirements. 6. Unless modified as stated above, this Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Board of County Commissioners of the County of Pitkin, Colorado, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction ofnon-qualified tenants. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year written next to their respective signatures. The effective date of this instrument shall be the latest of such dates. SIGNATURES ON NEXT PAGE 30 a~J32 Signature page -Owner: Occupancy Deed Restriction and Agreement for a Caretaker Dwelling Unit ' OWNER: 470 Re a , ~130~ o~ By: e e I o an, as Trustee of the Date Ch Blo 1985 Trust, Sole Member 1521 Locust Street, 8'" Floor Philadelphia, Pennsylvania 19102 STATE OF PHILADELPHIA ) ss. COUNTY OF7~~~LE~'`~ The foregoing Agreement was acknowledged and signed before me as of the~~ day of , 2005, by Jeffrey F. Brotman, as Trustee of the Chazles X Block 1985 Trust, Sole Member of 470 Red Mountain 1, LLC. WITNESS my hand and official seal. My commission ex fires: OC~~-~--`--`-~ NOTARIAL SERI. , , Donna D'p~m~lxops~lioa.~ Notary Pultuc ~ p~ Ex ePs-nl a Count 5 Notary Public ~~~ 200 470 Red Mountaiu 2, LLC By: Euge oc ember Ri ouse Square #302 Philadelphia, Pennsylvania 19103 STATE OF PHILADELPHIA ) ss. COUNTY OF _ 3 3e~ ` o ~' Date The foregoing Agreement was acknowledged and signed before me as of the ~ day o, 2005, by Eugene Block, Sol 2 LLC. 1 I SFei WITNESS my hand and official seal `Cmomr My commission expires: ~ Notary Public flfl:~~33 Signature page -Housing Authority: Occupancy Deed Restriction and Agreement for a Caretaker Dwelling-Unit ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITICIN COUNTY HOUSING AUTHORTfY By. Date: _, 2005 Chairperson Mailing Address: Executive Duector, Aspen/Pitkin County Housing Authority 530 East Main Street, Lower Level, Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITICIN ) The foregoing instrument was acknowledged before me this day of , 2005, by ,Chairperson, Aspen/Pitkin County Housing Authority. WITNESS MY hand and official seal. My Commission expires: Notary Public m~awa.macwva ~. i'• MEMORANDUM TO: Rose Ann Sullivan, Community Development Department FROM: Cindy Christensen, Housing Office DATE: May 2, 2005 RE: 470 RED MTN REVIEW FOR DETACHED CARETAKER DWELLING UNIT Pazcel ID No. 2737-072-19-001; PO80-OS ISSUE: The applicant is requesting approval for an existing unit located above a detached garage to be restricted as a caretaker dwelling unit. BACKGROUND: AccordiSection 9 110.041 o the Pitkin County Land Use Code, a Cretaker Dwelling Unit in SS 0 zone istrict is wed up to 1,000 square feet as long as the following conditions aze met: ,/l ~?j~ a. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or pazcel of land. b. There shall be provided one off-street pazking space for each bedroom within the principal dwelling and one off-street pazking space for each bedroom in the cazetaker unit. c. The applicant shall, by deed restriction or other permanent commitment n,nning with the land, guarantee that the cazetaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from the original parcel regazdless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established by said authority; be rented for terms not less than six months if rented. The caretaker dwelling unit may be occupied by members of the immediate family (as defined in Section 8-1), even though they may not qualify as employees of the community. d. The cazetaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Duector, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. The provisions of this regulation aze for the purpose of providing a voluntary unit (or units) on a legally created property in the County. Any unit granted under this provision of the. Code shall not be used for mitigation of employee housing requirements as established elsewhere in this Code. 1- ~01~35 RECOMMENDATION: conditions: Staff recommends approval of this request under the following 1. The unit is under 1000 square feet 2. Conditions a through d stated above aze met. 3. The kitchen contains at least atwo-burner stove with oven, standazd sink, and at least a 6- cubic foot refrigerator plus freezer. 4. The deed restriction shall be recorded upon approval. !)~ ~n36 _.. F®tBERi S. KI.EIN [ANCE R. COTR, PC' IOSEPH E. IDWARDS, EI, LLC MADHU B. KRISHNAMURTI • Jw Wmd[edm CaaComia KLEIN, COTE & EDWARDS, P.C. ATTORNEYS AT LAW hvk®kWew.ael 201 NORTH MR.L STREET, S7E.203 Irc®kcelaw.oet ASPEN, COIARADO 81611 je<(~kcelaw.at TIDEPHONE: (970) 925.8700 mbk(r~kcelaw.aet Apri126, 20(]5 FACSRv1EE: (970)925-3977 Rose Ann Sullivan Pitkin County Com Development Dept 130 S. Galena St. Aspen, CO 81611 Re: 470 Red Mountain 2 LLC (Block) Special Review for a Cazetaker Dwelling U nit (PID 2737-072-19-001; Case P080-OS) Deaz Rose Ann: Enclosed please find the Affidavit of Mailing of Notices in the above-referenced case, with a copy of the certified mail receipts and a list of owners. Please call if you have any questions. Very truly yours, blocldlaWliven Itr KLEIN, CO'T$ & EDWARDS, P.C. By: ~ ~t~~1 Kristy Mur y Office Manager oa ~~3~ • ~ v • • County of Pitkin } AFFIDAVIT OF MAILING } ss. PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 5-80-010 J I, Kristy Murray ,being or representing an Applicant to the Pitkin County Community Development Department, personally certify that I have complied with the CDU public notice requirements pursuant to Section 5-80-010 J of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by certified U.S. Mail to all owners of property adjacent to the subject property, as indicated on the attached list, on the 26 day of ~ipri 1 , 200 5. The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the mailing. Please attach copies of the certified mail receipts. Charles Block Applicant's name Signature Signed before me this 26 day ofAPrii 2000by Kristy Murray WITNESS MY HAND AND OFFIC SEAL My commission expires:LD Nota Pu lic Notary Public's Signature U} .. ~ ~, .-. 0o.~~3s i. ~• ~ ADJACENT OWNERS LIST CARETAKER DWELLING UNIT LOCATED AT 0470 RED MOUNTAIN ROAD George Robert A PO Box 26 Aspen, CO 81612 West Robert S PO Box 1553 Aspen, CO 81612 Sturm Melanie L PO Box 410 Aspen, CO 81612 Willoughby Ponds Trust 110 N Wacker Dr, Ste. 330 Chicago,lL 60606 Thomas Yvonne Real Estate Partners c/o Viviane Thomas Trimble 52 B Patton Ave Princeton, NJ 08540 block~2adjacent owners list ~~~.a~39 ~, • . . a ~ ASPEH, CO 81 612 [~- Postage $ 0" ~' Certifietl fee uT Return Receipt Fea T (Endorsement Requiretl) ° O ResMCled Delivery Fee O (Entlorsemant Required) ° N s WEST ROBERT S ° PO BOX 1553 ~ a ASPEN, CO 81612 ° -c ° M1 i~ i~ ~ ~'~ ASREH. CD 81612 0.37 111: `rfcpi~., l~ Postage $ ©••~- ~,. O- 2 ~ Po ~ ~\ S cemfiea Fee 2 ~ ltl 1,'j j, v.~}~ re ~ Return Receipt Fee 1~'~ T (Endorsement Required) / / ~ ° ResVictatl Delivery Fee O ~ j~ ~ (Endorsement Required) ~•~ ~S/ p Total P - - ____ Q 4.42 a ut sane ro - --- ----- ° -- GEORGE ROBERT A - -° -- rv Po`'e PO BOX 26 ° D'ty s` ASPEN,. CO 81612 r .T N L7 .Z ~~irg V 6 Rere N lV ~~ N .JJ ,;. ~ . `° CHl'CR6Qa IL °60606 ~ ,• ~ ~ N Postage $ 0.37 LR11T I ~- A5PEp, CO 81612 S ~ Certified Fee 2.30 .~ oaGnark a~7 oM1- Rostaga $ 0.37 1NTT Return Receipt Fee 1.75 ~ Here ~~ I 1 T DerMfetl Fee 2.30 ~~ 61 fT1 (EMOrsameM Required) ~ Q Poshnark ° - Return Receipt Fee V ° ~~e ~etl Oe1N~ I ~ Cle ~ OT (EMOreement gequiretl) 1.75 ~~ ° O-.t ° Restricted Delivery Fae h (~ ° - 4.42 04 N3 lgd o (Entlorsemant Required) Sl Tol ~ ~ ant WII.LOUGHBY PONDS TRUST ° ~ 4.42 ~ Jf ° 110 N WACKER DR STE 330 ~ STURM, MELANIE L s'r~ CHICGO, IL 60606 -----------" o se PO BOX 410 ru wn 'sip ASPEN, CO 81612 -------------- ° -Sdy,' ------------ ru w ° r- o cb N mow- - - __ - - _ m 4 r, vim- I PRiui~rT~rr~ i.~» pM1.. Postage $ 0.37 ~~ s A 0 yT Derrdied Fee 2.30 • d~ T Return Reeelpt Faa ,..- -~ ° (EndPrs~,rrem RegPired) 1.75 m l ~ ° Restricted Delivery Faa `y06~ ° fEntloreement Required) e / .°a 1liomas Yvonne Real hs~tate ~ ' / o c% Viviane Thomas Trimble ti 52 B Patton Ave ------------ ° Princeton, NJ 08540 M1 --_ • PUBLIC NOTICE RE: 470 Red Mountain 1, LLC and 470 Red Mountain 2, LLC Special Review for a Caretaker Dwelling Unit (Case P080-05) NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will consider an application submitted by 470 Red Mountain 1, LLC (1521 Locust Street, 8m Floor, Philadelphia, PA 19102) and 470 Red Mountain 2, LLC (1820 Rittenhouse Square #302, Philadelphia, PA 19103) requesting approval of a Caretaker Dwelling Unit. The property is located at 0470 Red Mountain Road and is legally described as the Sadeghi Parcel, as defined and described on the Sadeghi-West Lot Line Adjustment Plat recorded at Book 27, Page 42, Pitkin County, Colorado. The State Parcel Identification Number for this property is 2737-072-19-001. For further information contact Rose Ann Sullivan at the Pitkin County Community Development Department, (970) 920-5482. s/Cindy Houben Pitkin County Community Development Director 130 South Galena St., 3'" Floor Aspen, CO 81611 A property owner receiving the public notice shall have thirty (30) days from the date the notice was postmarked to object to the approval of the unit. Any objections shall be made by sending a letter (postmarked no later than fifteen (15) days from the date the notice was postmarked) to the Community Development Director. Any objections to the developmentapplication will result in a Board of County Commissioners public hearing.. ~Q l~{t~ I -~- 4- ZS -DS - ~ . klecn (~ PITHIN COUN~COMMUNITY DEVELOPMENT D~ARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 Apri125, 2005 Mr. Herbert Klein Klein, Cote 8c Edwazds, P.C. 201 North Mill Street Suite 203 Aspen, CO 81611 Re: 470 Red Mountain 2 LLC (Block) Special Review for a Caretaker Dwelling Unit (PID 2737-072-19-001; Case P080-OS) Deaz Mr. Klein: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in chazge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing as proof of compliance with the Code. This must be submitted prior to any approvals being granted. If you have questions, please call Rose Ann Sullivan, the planner assigned to your case, at 920-5482. Sincerely, Janis Taylor Administrative Assistant Encl: ~cfftdavit EB~Notice ~4.:v~r2 ! ~ PITI{IN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM TO: Housing FROM: Rose Ann Sullivan, Community Development Department RE: 470 Red Mountain 2 LLC (Block) Special Review for a Caretaker Dwelling Uuit (PID 2737-072-19-001; Case PO80-OS) DATE: Apri125, 2005 Attached for your review and comments are materials for an application submitted by Wendy and Chuck Block. The Pitkin County Community Development Director will review the application. Please return your comments to me by May 13, 2005. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 3a ,~ ;3 19190 COQ'UINITY DEVELOPMENT DEPARTM3' 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee O _ 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUCOI County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal 158 BFD Fire Marshal t� Other Fees: ` l,o 155 Use Tax 165 Copy PZ005 Master Plan Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu IS GIS Requirements 81202 Road Impact Fee B1203 School Impact Fee TOTAL NAME: / , / ,a ADDRESS /PROJECT: PHONE: ./ - 0 CHECK# J /= CASE /PERMIT #: - -� # OF COPIES: DATE: INITIAL: •