The URL can be used to link to this page

Home My WebLink AboutLand Use Case.1395 Snowbunny Ln.0066.2007.ASLU.~~. )399 :73 501 31 2003 SUBDIVISION EXEMPT *295 SNOWBUNNY LANE 0066.2007.ASLU A 1 .FL 60A1) 031 2-11 S U 4 1 ' THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0066.2007.ASLU PARCEL ID NUMBER 2735 01 3 12 003 PROJECTS ADDRESS 1395 SNOWBUNNY LANE PLANNER JENNIFER PHELAN CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE MICHAEL HOFFMAN DATE OF FINAL ACTION 11/22/2007 CLOSED BY Angela Scorey on 06/10/2009 ~tt~1 \ D 1735 -O 1 -3 - 11 - 00 3 066 6 Â· 3.003 - -k,UA FE;i Permits .12-3 r, 4 Â·.~~~.'V## DIe Edit Eecord Mavigate FQrm Reports Format Iab Melp 6 49 _3 6 - ~ @ 0& lump 1 2 h â€ž .0 J â‚¬] 20 2 21 0 m 95 Configure the user-Defined fields for this form (Ctrl+U) Main Routing Status Fee Summary Actions Routing History Permit Type |aslu |Aspen Land Use Permit # ~0066.2007.ASLU Address h 395 5NOWBUNNY LN _] Apt/Suite ~ City ~ASPEN State[CO--21 Zip ~81611 =J Permit Information Master Permit | - Routing Queue |aslu07 Applied ~11109/2007 _] Project | _| Status ~pending Approved | Description SUBDIVISION EXEMPTION Issued ~ Final| _d Submitted IMICHAEL HOFFMAN 544 3442 Clock [AGUE Days[--6 Expires |11/03/2008 _j Owner Last Name SCHLIEF _~ First Name IGERALD 5773 WOODWAY DR 800 Phone ~ iHOUSTON TX 77057 9 10wner Is App,can' 3 Applicant Last Name |SCHLIEF -__| First Name [GERALD |5773 WOODWAY DR 1800 Phone ~ Cust # j7992 J IHOUSTON TX 77057 Lender Last Name | .1_] First Name | Phone ~ AspenGold(bl ~ Record: 1 of 1 \0 8 64# 9 -<D \04 1/ SaloN )10'nt] xoqiool sdno i g gel k L F= Blc % s 64 --0 , i: Â·~, ~ .:,0 1. COMMON INTEREST COMMUNITY PLAT OF THE SNOWBUNNY. DUPLEX CONDOMINIUMS S' 7.... IN C{Â»:TA,~~010 2 1[6 S. FY Â·/Â· .+.6 *5svsuKeex' :wa'MAi,;'3*r. lili 0 485 ACRES ./. T H E Pu*PO S E o F T . 1,4ATISTO C - Â® C M 1/1 MIZE T . ' R O P E NTv C.. 0., TA - W:. < 01- C-~ -1- AND IMPAOVE'ENTS TWEREON ,/TO 71â‚¬ SNO!,aulmY DUPLEX ODNDOMIN,UMS 0'nIER 5 CERTIFICATE C , 1/" I. 3~ 12 .1. . . 1...... t;L'<.8 6:72'j.;JAWU13,0.. .C-'- .0 ..'-T n.- -- S. crrY - A-el mN, 06 CZ]-A,~,- O - AC-, â€¢, iE?iNMNE@:44:*:M:Eam itytib 6'21.EN;90 â€¢I lo â€¢,OPEIT ,- VICINITY MAP . 71 4,1,713>17Â¢.-- *4. & ..., â€¢>1114â€¢ lili....1 1, 112 411.. 114 8 =Wl',1. 4 14 1 ,-- 21 3 -L 1 Lk |:4& #"54Yr 2.12:-Ant, ar=&'21 tr,nwi, :*U t,0,1Qi LANWAU#Â·' ~ 1 1,11*f.LIC ~ lek'298%. ' '.l//, GNO-OWNY 1ANI â€žVErous CERTIFICATE 9., Â·' I - i ,~?'614. '41- ...a.-,- :Arâ€¢ ----,---- 1 -8 1 b' 3/ 4 0. 'r , .s UMIT A ~ 9 WAL ; 0 0 UNIT B 1â€¢.40..98'91'r--- ' .IL}71 1'*//1 =:==m,r 1 TLE E./1/1./. 86#A. 4_ z=%. y.., + ~1#ti?ft:541.4.,~,~ -24<-1 iT.10*,T C-Ul- 1011/ IR - IU 2 LD I NG w w .8. 40. l , 1 .6- 1....1 f -- 1* BUILDING I ~ r--6 FUÂ»1- ~TA'â‚¬ CF CoLORADC 1 -'.-6 L. CO-,Â¥ - '1â„¢'. FL._~ ..â€ž 4*1*13 9 '- 1 1 5'. sm .1. c.---- UNIT A eK ASPE' CITY ENGINEER S *PROVÂ« â€¢,-/ i., ..ae .v . ../--â€¢ / I.. 1 ' ...'-1Â· 2 21 UNIT B ..2&=r 9 1 .1 I , COMMUN~ TY DEVE'OPMENT .......l 1 / ~ ?2*&256:/~rup: 31.31.=1112*' -â€ž.-r .1..... lâ€ž...h { LEGEND AND Mol-85 1 /4,1 ' /4 1 \ 2 0 g .,t ~Â© WE.4*DFAS ACCE,TA,Itil - - -=- -N-. *t~"<upj/~111:imi- r.,mlt*,rz,2.*..> / f C ...,r - '" . - ......I-.I 1 mui C~~L' I 1 , * I.Â®I"1 - ./ .=rr. j 1 Z(Â»G ~1~â„¢ Cf , (S /1,11- 1 1. te '~I'.-44, 1 1 11 -1.fl- M HI 4-' 1,11.2. ===3.~.It' 1, j . ' Â· Â·. h - i,Ilt Â· ~ ,.41 + 5 1 Ir . 11 Â·4 , 4 4, . 17 i6i ~ . li f'11 .. 4!.i 11 1 1:! 'Â· IÂ·t r' ,Â·i"â€ž Â·:~,) 1, 4. P' " 1 1 ~1 1 1 1 1 1 ' 1~ ~ 1 ' 1!1 r' 1 1 1 [1 1 1 1 1.1 1 1 ., 1 ~ I 'j 11!l"I" 1""' ~ fi l l 1 1.1,1~*111 1 1 1 1 1 141.l i l i !1~ 1 1))11 111 1 ~ 1 1 1 1 1 1) 1111111 1~1111 ~1 111 1 111~1~-~11 1 1111111 111~111 1 1 11111111 111111111111.1111111~11'll'' l l,ll,l'~1~!~1~I~1 11~1"ti~ ~11 1~1~, , i l~ ~1~1 ,1~I~'~1 1~,j~'~'~1~i~liv:~~~~~~~~~~1~~Â· ~ ~~11 1 1 1~1~~1,1 1 1 1??I~'~1 " '~~'i'' '~ 11~11,111).jIll ~11 l'111~'Ill' 111~1~~1 ~1[Pl~1 1~111 1111 1111,111~1 1 11~1111~1 1 ' 1-~ i ~ DRAWI LAW OFFICE OF E. MICHAEL HOFFMAN, p c 106 SOUTH MILL STREET SurrE 202 ASPEN, COLORADO 81611 FACSIMILE E-MAIL TELEPHONE (970) 920-1019 Mhoffman@emhlaw-aspen.com (970) 544-3442 November 8,2007 Chris Bendon Community Development Director City of Aspen Community Development 130 S. Galena Street Aspen, CO 81611 Re: Application packet from Gerald Schlief for condominiumization of duplex located at 1395/1397 Snowbunny Lane, Aspen, Colorado 81611 Dear Chris: Enclosed please find a Land Use Application packet for condominiumization of 1397 Snowbunny Lane, Aspen, Colorado. The following are the documents included: Two Copies of: 1. Attachment 2, Land Use Application 2. Attachment 3, Dimentional Requirements Form 3. Authorization Letter from Gerald Schlief authorizing E. Michael Hoffman to submit and process the Application for Condominiumization 4. Check in the amount of $705.00 made out to the City of Aspen as deposit 5, Executed letter by Richard Schwartz to City of Aspen Community Development Department Agreement for Payment of City of Aspen Development Application Fees 6. Mortgagee Consent- Does NOT apply as there is no mortgage 7. Condominium Declaration 8. Condominium Subdivision Plat of 1397 Snowbunny Lane. Very truly yours, E. MICHAEL HOFFMAN, P.C E. Michael Hoffulan ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Gerald Schlief Lot 1, Block 1, Snowbunny Subdivision, according to thePlat recorded Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID#(REQUIRED) May 2, 1957 in Plat Book 2A, Page 229, also known as 1395/1397 Snowbunny Lane, Aspen, CO 81611 REPRESENTATIVE: Name: E- MirÂ·hael Hnffman, Egg. Address: 106 S. Mill Street, Ste. 202, Aspen, CO 81611 Phone #: (970) 544-3442 PROJECT: Name: Condominiumization of 1395/1397 Snowbunny Lane Address: 1395/1397 Snowbunny Lane, Adpen, CO 81611 Phone #: (970) 544-3442 TYPE OF APPLICATION: (please check all that apply): Conditional Use E Conceptual PUD U Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal El Conceptual SPA E Minor Historic Devt. GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition U GMQS Exemption ~ Subdivision U Historic Designation Â£ ESA -8040 Greenline, Stream E Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use D Other: U Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Diiplew hililrling ig elirrently constructed on lot. It is of new construction. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) The only approval sought is for condominiumization pursuant to Section 26.480.090 uf LUe Abvell Land Ube Cude. Have you attached the following? FEES DLE: $ U Pre-Application Conference Summary 52 Attachment #1, Signed Fee Agreement Il Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. 0000 m, Oct. ]9. 2007 11.24AM No. 1440 P. 2 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lot 1, Blk 1, Snowbunny Subdiv; 1395/1397 Snowbunny Lane Applicant: Gerald Schlief Location: 1395/1397 .Snowbunny Tiana, Aspen. CO 81611 Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Areamay be reduced for areas within the high water matk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Extrting.'_~ 74~Â· proposed: 14 k Number of residential units: Existing: Proposed: Number of bedrooms; Existing: 10 Proposed: Proposed % of demolition (Historic properties only): 146 DIMENSIONS: Floor Areat Extsting, 51Â£1. Allowable: 5,2.86> Proposed:.1181 Principal bldg. height: Existing: 15 ' ANowable: 2.5 ' Proposed, Access, bldg. height: Existing: 14*r Allowable:- 140. Proposed: 'AN On-Site parking: Existing:-Required: Proposed: % Site coverage: Existing. 25.374Â£equired: Proposed: % Open Space: Existing: 74.7 ZRequired. ProposedÂ· Front Setback: Existing,Â· Required:,. 25 ' Proposed: Rear Setback: histing. Required: /O' Proposed: CorobinedURs Existing: Â· Required: 33' Proposed: - Side Setback: Existing. Required. ID' Proposed. Side Setback: Existing: Required: Id Proposed: Combined Sides: Existing: Required: 120' Proposed: Distance Between Existing e Required: Proposed: Buildings Existlng non-conformities or encroachments: Variations requested: Received Time Oct. 19. 2007 9:40AM No. 1432 Gerald W. Schlief 5773 Woodway Drive, Suite 800 Houston, TX 77057 October 31, 2007 City of Aspen Community Development Department 106 S. Mill Street, Suite 202 Aspen, Colorado 81611 Ladies and Gentlemen: I hereby authorize E. Michael Hoffman, P.C. to submit and process on our behalf an Application for Condominiumization for my property described as Lot 1, Block 1, Snowbunny Subdivision, according to the Plat thereof recorded May 2, 1957 in Plat Book 2A at Page 229, County of Pitkin, State of Colorado ("the Property"), commonly known as 1395/1397 Snowbunny Lane, Aspen, Colorado. The names and relevant contacts are as follows: E. Michael Hoffman, P.C. E. Michael Hoffman 106 South Mill Street, Suite 202 Aspen, Colorado 81611 (970) 544-3442 Thank you for your consideration in this Application. If you have any questions or require any additional information, please do not hesitate to contact me. Very truly yours, AA../11 Gerald W. Schlief CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for PaYment of Citv of Aspen Development ADplication Fees CITY OF ASPEN (hereinafter CITY) and Gerald Schlief (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY anapplication86 condominiumization of the duplex at 1395/1397 Snowbunny Lane, Aspen, 81611 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. 3. APPLICANT and CITY agree that because of the size. nature or scope ofthe 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 additional costs may accrue following their hearings and/or approvals. 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 complete processing or present sufficient infonnation to the Planning Commission and/or City Council to enable the Planning commission and/or City Council to make legally required findings for project considerations unless current billings ara 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 dotormination of application completeness, APPLICANT. shall_pay _an initial deposit_in the amount of $ which is for hours of Community Development staff time, 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 at a rate of $235.00 per planner hour over the initial deposit Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall bc grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: A-4 w. UL> By: Chris Bendon GgiA,LO 4/. SCHLIEU; Community Development Director Date: Way. 7 2007 Bill To Mailing Address and Telephone.Number: C/O E.Michael Hoffman, P.C. 106 S. Mill St., Suite 202 Aspen, CO 81611 (970) 544-3442 CONDOMINIUM DECLARATION OF SNOWBUNNY DUPLEX CONDOMINIUMS THIS CONDOMINIUM DECLARATION (as amended from time to time, this "Declaration") is made this day of , 2007, by AV 10 Properties, LLC, a Texas limited liability company (hereinafter "Declarant"). RECITALS A. Declarant is the owner of the following described real estate in the County of Pitkin, State of Colorado: Lot 1, Block 1, Snowbunny Subdivision, according to the Plat thereof recorded May 2,1957 in Plat Book 2A at Page 229 ("the Property") and also known as Snowbunny Duplex Condominiums, Unit A and Unit B (the "Condominium Units"), according to the Common Interest Community Plat thereof filed for record in Plat Book at Page , as Reception No. of the records of Pitkin County, Colorado (the "Plat"), attached hereto and incorporated herein (herein after the "Real Estate" or "Common Interest Community"). B. The above-described property is presently developed with two adjoining multi-level frame duplex dwellings. C. Declarant wishes to create a Condominium Common Interest Community in which portions of the Real Estate are designated for separate ownership and use by the Owners and the remainder of which is designated for common ownership and use by the Owners. D. The partition of any interest in the Common Elements of this Condominium Common Interest Community is prohibited. By becoming part ofthis Condominium Common Interest Community, any right to maintain a legal partition action with respect to the Common Elements is forever waived. E. The intent of the Declarant is to have the Condominium Units administered as separate single-family homes and properties to the greatest extent possible within the restraints inherent in condominium ownership as set forth in the Colorado Common Interest Ownership Act, C.R.S. Â§Â§ 38-33.3-101, et seq., and other applicable law. THEREFORE, Declarant states as follows: ARTICLE 1 DEFINITIONS Section 1.01 Submission of Real Estate. Declarant hereby declares that all of the Real Estate is hereby made subject to the following easements, restrictions, covenants and conditions, which shall run with the Real Estate and be binding on all parties having any right, title or interest in the Real 1 Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. Declarant hereby submits the Real Estate to the provisions of the Colorado Common Interest Ownership Act, C.R.S. Â§Â§ 38-33.3-101, et seq., as the same may be amended from time to time (hereinafter the "Act"). In the event the Act is repealed, the Act as existing immediately prior to its repeal shall remain applicable. The Condominium established herein shall have no horizontal boundaries. Section 1.02 Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Plat and used herein or on the Plat shall have the meaning for it specified in the Act. Section 1.03 Allocated Interests. "Allocated Interests" shall mean, with respect to each Condominium Unit, one-half of the undivided interests in the Common Elements and in the Common Expenses ofthe Association, which are hereby allocated to such Condominium Unit, and one vote in the affairs ofthe Association. The Allocated Interests appurtenantto each Condominium Unit have been established pro rata based on the total number of Condominium Units in the Condominium. Section 1.04 Common Elements. "Common Elements" means only (i) only the structural Party Wall" dividing Condominium Unit A and Condominium Unit B along the Unit division line shown on the Plat (including any siding or other part of the structure which is located on the same plane as, and contiguous with, the party wall); (ii) that section ofthe roofofthe Condominium Units that is above the party wall, (iii) that section of the foundation of the Condominium Units that is directly beneath the party wall, and (iv) all utility service lines which service both Condominium Units. All ofthe Common Elements are General Common Elements; there are no Limited Common Elements. Section 1.05 Multiple Owners: All Condominium Unit Owners, by virtue oftheir ownership of a fee or undivided fee interest in any Condominium Unit, are members of the Condominium Association. Membership is not intended to include Persons who hold an interest merely as security for the performance of an obligation, but the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one membership per Condominium Unit owned. Section 1.06 Owner. "Owner" means one or more Persons who hold the record title to any Condominium Unit, but excluding in all cases any party holding a Security Interest merely as security for the performance of an obligation. Section 1.07 Party Wall. "Party Wall" means the wall separating the two Condominium Units as shown on the condominium map. Section 1.08 Voting: The Owner or collective Owners of a Condominium Unit shall be entitled to one vote per with the Condominium Unit. When more than one Person holds an ownership interest in any Unit, the vote for such Unit shall be exercised as those Owners determine among themselves, otherwise the Unit's vote shall be suspended if more than one Person seeks to exercise it. Fractional voting by Co-Owners shall not be permitted. 2 ARTICLE 2 NAMES Section 2.01 Common interest Communitv. The name ofthe Common Interest Community is the Snowbunny Duplex Condominiums. Section 2.02 Association. The name of the Association is Snowbunny Duplex Condominium Association, a Colorado unincorporated nonprofit association, pursuant to C.R. S. Â§7-30-101, el seq, ARTICLE 3 THE ASSOCIATION Section 3.01 Authoritv. The business affairs ofthe Common Interest Community shall be managed by the Association. Section 3.02 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated nonprofit association pursuant to the Act and other provisions of Colorado law. Except as otherwise provided in this Declaration, when approval ofthe members ofthe Association is required, the Association may only act upon the unanimous consent of its Condominium Unit A Owner and its Condominium Unit B Owner, and neither Owner acting alone shall have the power to act for or bind the Association. However, in the event of any default by an Owner under this Declaration or under the Act, the non-defaulting Owner shall be authorized to act alone to exercise any remedy provided to the Association hereunder or under the Act. Section 3.03 Ownership Groups. The Association shall have two (2) Ownership groups, the Condominium Unit A Owner, which is attached to Condominium Unit A, and the Condominium Unit B Owner, which is attached to Condominium Unit B. Membership in the Association shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Condominium Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. Section 3.04 Executive Board. Except as otherwise provided in this Declaration or as required by the Act, the Association shall act through its Executive Board. The Executive Board will consist oftwo directors. The Condominium Unit A Owner and the Condominium Unit B Owner shall each appoint one director. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.06 below. Section 3.05 Notice to Owners. Any notice to an Owner ofmatters affecting the Common Interest Community by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery, or on the third business day after deposit in the U.S. mail, regular first class postage prepaid, at the address ofrecord for real property tax assessment notices with respect to that Owner's Condominium Unit or such notice address as otherwise provided in writing by one Owner to the other. 3 Section 3.06 Deadlock. 3.06.01 Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" by a member of the Executive Board to the other member of the Executive Board after a formal vote in which a member ofthe Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning (i) the amount and types of insurance, (ii) the company to provide the insurance or the budget therefor, (iii) the required degree ofmaintenance ofthe Common Elements, (iv) the manner in which maintenance of the Common Elements will be accomplished including, without limitation, the company (ifthere is to be one) to provide or manage the maintenance, (v) the budget for maintenance of the Common Elements, or (vi) any other issue which has real potential to have a material effect on the Association, the Common Elements or on the Condominium Units or either of them. In all other instances, the failure of the Executive Board to agree shall mean that no decision is made. 3.06.02 Breaking a Deadlock. In the event ofa Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then a decision that resolves the issue shall be made by a person (the "Arbitrator") appointed for that purpose by the members of the Executive Board, if they can agree on the selection of an Arbitrator within five (5) business days of the vote. If they cannot agree on the Arbitrator, each member shall select an Arbitrator, and the selected arbitrators shall agree upon a third Arbitrator to resolve the issue. The cost of the Arbitrator shall be shared equally by the parties. Each member of the Executive Board shall submit to the Arbitrator a written proposal to resolve the deadlock within five (5) business days after the appointment of the Arbitrator. The Arbitrator shall have not less than five (5) years' experience in property management, shall not be related to an Owner, shall not be in common ownership or control with the Owner(s) of either the Unit A Owner or the Unit B Owner, and shall not have business or professional relationships with any Owner. The Arbitrator shall select the entire proposal submitted by one of the Executive Board members. 3.06.03 Liability in Contract and Tort: Pursuant to Colorado law, the Association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties and liabilities in contract and tort. A Member is not liable for a breach ofa any contract by the Association contract merely because the person is a member of the Association or is a person authorized to manage the affairs of the Association. A Member is not liable for a tortious act or omission for which the Association is liable merely because the person is a member ofthe Association or is a person authorized to manage the affairs of the Association. A tortious act or omission of a Member or other person for which the Association is liable is not imputed to a person merely because the person is a Member of the Association or is a person authorized to manage the affairs of the Association. ARTICLE 4 CONDOMINIUM UNITS Section 4.01 NumberofCondominium Units. The number ofCondominium Units in the Common 4 Interest Community is two (2). There shall be no more than two (2) Condominium Units in the Condominium. Section 4.02 Identification of Condominium Units. The identification number of each Condominium Unit is as shown on the Plat. Section 4.03 Unit Boundaries. The boundaries of each Condominium Unit are located as shown on the Plat. The Common Interest Community has vertical boundaries which extend to the lot line ofthe Property. The Condominium Units include ailland and improvements on its respective side ofthe Unit division line shown on the Plat in addition to all structural building improvements now or hereafter existing. The boundary of each Condominium Unit begins at the Party Wall along the plane defined by the surface of the studs of the Party Wall. In the event of any shifting in the position ofthe Party Wall, the actual position ofthe Party Wall shall be determinative, except in the case ofthe total destruction ofthe Party Wall, in which case the position ofthe Party Wall as shown on the Plat shall be determinative, until, if ever the Party Wall is rebuilt. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.01 Common Expenses. The only Common Expenses ofthe Association shall be for: (a) maintenance ofthe Common Elements pursuant to Section 6. 01 below; (b) insurance, pursuant to Section 6.02 below; and (c) such other Association expenses as are required or authorized in this Declaration that are not required to be paid by a single Owner. Section 5.02 Personal Obligation to Pav Common Expense Assessments. Each Owner, by signing below or accepting a deed to its Condominium Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments, to the extent there are any. Such assessments shall also include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Condominium Unit Owner shall convey any interest in its Condominium Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. Section 5.03 Apportionment ofCommon Exnenses. Common Expenses shall be assessed against the Units on the basis of their respective Allocated Interests. Section 5.04 Annual Assessment: Commencement of Common Expense Assessments. The Common Expense Assessments shall be based upon the Association' s advance adoption of a budget identifying the cash requirements needed by it to provide insurance and maintenance during such assessment year, such budget to be approved pursuant to the requirements of the Act. Section 5.05 Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association, by unanimous approval of the Executive Board, may levy one or more special assessments, but only with respect to the Common Elements, to pay for claims or for repair or replacement to the extent not covered by insurance, or to provide for 5 extraordinary maintenance. Section 5.06 Effect of Non-Payment of Assessments. Any Assessment provided for in this Declaration or any installment thereof, which is not fully paid within fifteen days after t, written notice that such amount is due, shall bear interest at the rate established in the policies of the Executive Board, which interest rate shall not exceed the maximum interest rate allowed by law (if the Executive Board has not set an interest rate to have effect under this section, the interest rate shall be twenty-one percent (21%) per annum). Further, following ten (10) days' notice in writing given to the defaulting Owner, the Association may bring an action at law or in equity against any Owner obligated to pay such overdue assessment, or any installments thereof. Each Owner appoints the other Owner an irrevocable power of attorney to pursue actions to collect unpaid assessments. An Owner is not entitled to vote on matters relating to collection presented to the Association ifthat Owner has not paid an installment of a duly authorized assessment when due and the vote of the other Owner in such instance shall be deemed unanimous. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.01 Maintenance 6.01.01 Association's Responsibility. The Association shall be responsible for the maintenance, repair and restoration ofthe Common Elements to the extent not maintained by the Owners. The costs so incurred by the Association shall be borne by the Owners in accordance with their Allocated Interests, except as expressly provided otherwise in this Declaration or non-waivable provisions of the Act. 6.01.02 Owner's Responsibilitv. For purposes ofmaintenance, repair, alteration, and remodeling, each Owner owns all the improvements, except the Common Elements, and has the right and the obligation to maintain, repair, alter, restore and remodel, the totality ofthat Owner's Condominium Unit as defined in Section 4.03, above, which includes, without limitation, all ofthe improvements located within the boundaries o fthe Condominium Unit, excluding the Common Elements. Each Owner shall, at such Owner's sole cost and expense: 6.01.02.01 keep and maintain in good order and repair the equipment, improvements and the infrastructure located within the boundaries of such Owner's Condominium Unit; 6.01.02.02 replace any finishing or other materials removed with materials of a similar type, kind, and quality; 6.01.02.03 maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's Condominium Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion of the roof serving such Condominium Unit; 6 6.01.02.04 maintain in neat and clean condition all garage areas, decks, yard, porches, roof, balconies or patio areas, which are located within that Owner's Condominium Unit Section 6.02 Insurance. Damage. Destruction and Obsolescence. 6.02.01 Owner's Insurance. To the greatest extent practicable given the condominium nature ofthe Units and the Association's control over the Common Elements, each Unit Owner shall insure his or her Unit, and his or her corresponding undivided interest in the Common Elements, as a detached single family home. Given that aspiration, each Owner shall maintain property and liability insurance with respectto its Condominium Unit covering all insurable improvements in such amount as will fund the cost of replacing the Unit and associated Common Elements. In the event of any casualty involving the Common Elements, the insurance policies ofthe two Owners shall be each be charged with one half of the cost of to repair or replace, as necessary, the affected Common Elements. Each Owner shall use its best efforts to cause each insurance policy obtained by it to include a waiver of the right of recovery by way of subrogation against the other Owner and the Association in connection with any damage to the Common Elements. To the extent reasonably available, each such policy shall name the Association as an additional insured and shall be non-cancellable without at least 30-days notice to both Owners. Each Owner shall direct its insurance carrier to provide to the other Unit Owner at least annually a copy of the insurance policies on the Unit or a certificate which describes such insurance coverage. Each Owner shall secure adequate general liability insurance, as each such Owner deems necessary, in its sole reasonable discretion. 6.02.02 Association's Insurance. The Association shall maintain all insurance required by the non-waivable provisions ofC.R.S. Â§ 38-33.3-313 ofthe Act. To the extent the insurance not otherwise required by this Section 6.02.02 or ifthe insurance provided by the Owners is inadequate to restore the Common Elements in the event of a casualty, the Association shall maintain property insurance on the Common Elements for not less than the full insurable replacement cost thereof. Each such insurance policy shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have a rating of "A" or better as shown in the published rating of AM Best Company. 6.02.03 Waivers. Subject to obtaining the waiver of subrogation endorsement required by the Act, the Owners release each other and the Association, and their respective authorized representatives, from any claims for damages to any property that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. 6.02.04 Obligation to Repair or Replace. In the event of a casualty with respect to the Common Elements and/or any Unit, the Owners shall repair, replace and/or restore the improvements as necessary to place them to their condition as existed before the casualty event. As provided by the Act, the proceeds ofthe insurance carried by the Association shall 7 be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. lf the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners; provided, however, that the Executive Board shall reallocate such assessment between Condominium Unit A and Condominium Unit B Owners to the extent that the restoration does not benefit both Condominium Units in a manner that is substantially proportionate to their Allocated Interests. Notwithstanding the foregoing, if the casualty was caused by the negligence or misconduct of an Owner, the amount needed to effect the restoration after use ofthe Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner' s Condominium Unit. Section 6.03 Restoration Upon Condemnation. 6.03.01 Total Taking. In the event of a taking of the total Real Estate by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's Condominium Unit, after all mortgages and liens on the Condominium Unit have been satisfied or otherwise discharged. After acceptance of the award ofthe taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Condominium Units and the Owners shall vacate the Condominium Units as a result of such taking. 6.03.02 Partial Taking. In the event of a partial taking ofthe Real Estate by eminent domain, the Owner of any affected Condominium Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking. After acceptance of the award of the taking by the Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested of all interest in the Condominium Unit or portion of the Condominium Unit, as applicable, and such Owner shall vacate the Condominium Unit or said portion thereofas a result of such taking. The remaining portion of the Condominium Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. If the taking includes all or a portion of the Common Elements, then unless the Owners decide not to rebuild, the remaining Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.03 above; provided, however, that the Executive Board shall reallocate such assessment between Condominium Unit A and Condominium Unit B Owners to the extent that the restoration benefits do not benefit both Condominium Condominium Units in a manner that is substantially proportionate to their Allocated Interests. Section 6.04 Obsolescence. I fthe Condominiums are declared obsolete, the provisions of C.R.S. Â§ 38-33.3-218 of the Act shall govern. Section 6.05 Indemnification Bv Owners. Subjectto Section 6.02.03, each Owner shall indemnify 8 the other Owner and the Association and hold each ofthem harmless from suits, actions, damages, liability and expense, loss of life, bodily or personal injury, or property damage arising from, or out of the use or occupancy of, such Owner's Unit or any part thereof, or occasioned wholly or in part by any act or omission of that Owner, its agents, contractors, employees, servants, invitees, licensees, or concessionaires, including the Limited Common Elements appurtenant to such Owner' s Condominium Unit, except in the case of negligence on the part of the other Owner. ARTICLE 7 RESTRICTIONS ON USE Section 7.01 Nuisances and Offensive Activities. There shall be no noxious or offensive activities conducted on, in, or upon any Condominium Unit or Common Element, and no loud noises or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be done in the Common Interest Community that may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant ofany Condominium Unit. Any Owner shall have the right to enforce the provisions of this Article by bringing suit at law or in equity, or as otherwise provided by law. No Owner or occupant of any Condominium Unit shall permit or cause anything to be done or kept on the Condominium which will increase the cost of the Association's or other Owner's insurance, or which will result in the cancellation of such insurance. Each Owner shall be accountable to the Association and the other Owner for the uses and behavior of its tenants or guest. Section 7.02 Limitations on Alterations ofCondominium Units. Without the prior written consent of the other Owner, no Owner shall: (a) make any structural change or alteration to the building exterior of such Owner's Unit, (b) modify or alter the appearance or color scheme of the exterior improvements as they may exist from time to time by agreement of the Owners; or (c) modify or remove any of the fences along the Unit division line between the two Condominium Units, as shown on the Plat. Section 7.03 Structural Integrity. Nothing shall be done to any Condominium Unit or to the Common Elements by an Owner that will impair the structural integrity of any improvements on the other Condominium Unit or the Common Elements unless prior written unanimous authorization is obtained from the other Owner.. Section 7.04 Restriction Upon OccupancY. Except as the Owners might otherwise agree, each Condominium Unit shall be used and occupied solely for residential purposes. And no trade or business of any kind may be conducted on, in, or upon any Condominium Unit or Common Element. Lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered a violation of this covenant and is permissible. Similarly, the maintenance of a home office shall not be considered a violation of this restriction so long as the nature and conduct of the business complies with applicable local laws and any covenants affecting the Property. Section 7.05 No Unsightliness; Trash Storage. No unsightliness or waste shall be permitted on or in any part of the Common Interest Community. . All trash shall be stored in "bear proof' containers erected for that purpose. 9 Section 7.06 No Violation of Rules. No Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations, if any, adopted from time to time by the Association, pursuant to the Act and this Declaration, whether relating to the use of Condominium Units, the use of Common Elements, or otherwise. Section 7.07 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property, including the Common Interest Community or any Condominium Unit thereon, such Owner shall be liable or responsible for the same, except to the extent that such damage or loss is covered by insurance obtained by the Association, and the carrier ofthe insurance has waived rights ofsubrogation against such Owner. . Any increase in the cost of any insurance maintained by the Association referable to such Owner caused damage shall be paid by the Owner causing such damage. Section 7.08 Leases. Allleases of any Condominium Unit shall provide that the terms ofthe lease are subject, in all respects, to the provisions ofthis Declaration, and to the provisions of any rules and regulations, decisions or resolutions of the Association. Section 7.09 Utilities. All water, sewer, gas, electrical, telephone, cable television and other utility lines, pipes or other infrastructure shall be buried underground and shall not be carried on overhead poles or above the surface ofthe ground. Any areas ofnatural vegetation or terrain disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner causing the installation ofthe utilities no later than the next growing season following such installation. Each Owner shall be responsible for arranging for provision of utilities to their respective Condominium Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their respective Condominium Unit. It is anticipated that each Condominium Unit shall be separately metered, serviced, and billed for purposes of utilities. Section 7.10 Animal Restrictions. No animals other than normal household pets shall be kept in or about the Condominium Units. An Owner shall be liable to the other Owner and such Owner's family and guests for any damages caused to any person or property by any animal brought or kept on the Property. Section 7.11 Enforcement. The Association, any member ofthe Executive Board and any Owner shall have the right to enforce this Declaration and the rules and regulations of the Association. In the event of legal action to enforce this Declaration, the prevailing party shall be awarded its reasonable costs and reasonable attorneys' fees, including the costs of collection. Section 7.12 No Violation of Laws. No Owner and no Owner's tenants, guests, or invitees shall violate any applicable federal, state, or local law applicable to the Property. Section 7.13 No Further Subdivision. There shall be no subdivision ofthe Property. Section 7.14 Restriction on Use and Ownership ofUnits. No timesharing, vacation club or similar use of the Property, a Unit, or any part thereof, shall be permitted without the unanimous consent 10 ofthe Owners and compliance with all applicable regulations ofthe City ofAspen. In no event may more than four (4) persons own any interest in any Unit. ARTICLE 8 EASEMENTS AND LICENSES Section 8.01 Easements of Record. The Real Estate is subject to those easements and/or licenses granted by the Declarant pursuant to this Declaration, those shown on the Plat and those listed in Exhibit , attached hereto. Section 8.02 Common Elements Easement. Each Condominium Unit Owner has a rightofuse and easement for enjoyment in and to the Common Elements, for the purpose for which they are designed, which right and easement shall be appurtenant to and shall pass with the title to each Condominium Unit subject to the provisions contained herein. Section 8.03 Easements for Improvements. Maintenance. and Utilities. Reciprocal easements are hereby declared to exist over and under the Property and all areas thereof for the existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, other utilities, drainage facilities, garbage chutes, stairs, walkways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the Property and/or the individual Condominium Units. Each Owner has the right, at its sole expense and after giving written notice for at least one (1) business day to the other Owner, to relocate such lines and facilities within or upon its Condominium Unit; provided, however, that such relocation shall be accomplished without interrupting utility service to the other Owner, unless otherwise permitted by the other Owner. Section 8.04 Encroachment Easements. Each Owner has an easement over the adjoining Condominium Unit for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building, or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the intentional encroachment of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner and in the same location as originally constructed, the Owners agree that minor encroachments over the abutting Condominium Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. ARTICLE 9 MISCELLANEOUS Section 9.01 When Consent or Authorization Not Necessary. Notwithstanding anything in the Declaration to the contrary, whenever the consent or authorization ofthe Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or 11 authorization has obtained in writing the consent or authorization of the other Owner of the Common Interest Community. Section 9.02 Indemnity. To the extent not covered by any insurance policy required by this Declaration and subject to Section 7.07, above, each Owner ("Indemnifying Owner") shall indemnify and hold the other Owner ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and reasonable attorney fees) of whatsoever nature occasioned by or if any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner's Condominium Unit, or labor, services or materials furnished to such Owner or such Owner's Condominium Unit, and will maintain the Other Owner's Condominium Unit, as well as that portion ofthe Common Elements exclusively reserved to such Other Owner entirely lien free through payment or suitable substitution bond and, upon the failure ofthe IndemniGing Owner so to do, the Other Owner shall have the right to do that which it, in its discretion, determines to be necessary to effect the release and discharge of the lien from such Other Owner's Condominium Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21% shall be repaid by the Indemnifying Owner upon demand. Until repaid, the obligation so to do shall be secured by a lien against the Condominium Unit ofthe Indemnifying Owner, notice of which may be given by the Other Owner by a filing in the records ofthe Pitkin County Clerk and Recorder, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorney fees. Section 9.03 Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Declaration to be performed by the respective Condominium Unit Owners is intended to and shall be deemed to be for the specific benefit of the other Condominium Unit Owner. In the event ofthe failure or inability of the Association to enforce any provision ofthis Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining Owner and on his, her or its behalfto commence, maintain and obtain judgment in an action for damages, for specific performance, or for both. In connection with any such proceedings against a delinquent or defaulting Owner, the prevailing party shall be awarded its costs and reasonable attorney fees as a part of any judgment entered in favor of such prevailing party, 12 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day of ,2007. AV 10 PROPERTIES, LLC, a Texas limited liability company Gerald W. Schlief Manager STATE OF ) ) SS. COUNTY OF. ) The foregoing instrument was acknowledged before me this day of ,2007, by Gerald W. Schlief as Manager of AV 10 Properties, LLC, a Texas limited liability company. Witness my hand and official seal. My commission expires: Notary Public MORTGAGEE CONSENT THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF N,A.., BEING THE MORTGAGEE OF THE HEREIN DESCRIBED REAL PROPERTY AS EVIDENCED BY THAT DEED OF TRUST RECORDED AS RECEPTION NO. , ASSIGNMENT OF LEASES AND RENTS RECORDED AS RECEPTION NO. , AND THAT FINANCING STATEMENT RECORDED AS RECEPTION NO. , ALL OF THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS TO THE RECORDING OF THIS CONDOMINIUM DECLARATION, AND AGREES THAT THE DEED OF TRUST DESCRIBED ABOVE SHALL BE AND IS SUBORDINATE, JUNIOR AND INFERIOR TO THIS CONDOMINIUM DECLARATION. ,N.A. By: Name: Title: 13 STATE OF COLORADO ) ) SS. County of Pitkin ) This document was acknowledged before me on (date) by as of , N.A. My commission expires: [Seal] Notary Public 14 COMMON 1 NTERE ST COMMUNITY PLAT OF THE SNOWBUNNY DUPLEX CONDOMI NI UMS SITUATED ON A LOT I BLOCK I SNOWBUNNY SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDEb MAY 2, 4957 IN PLAT BOOK 2A Af PAGE 229 CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. 1--20 CONTAINING 21 116 SQ. FT. +/- 0.485 *CRES +/- 0 20 40 A THE PURPOSE OF THIS PLAT IS TO CONDOMINIUMIZE THE PROPERTY CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING AND IMPROVEMENTS THEREON INTO THE SNOWBUNNY DUPLEX CONDOMINIUMS OWNER'S CERTIFICATE Cl 132'35'00 36.22' 83.81' 66.33 S 29'41'30-W KNOW ALL PERSONS BY THESE PRESENTS THAT AV 10 PROPERTIES LLC A TEXAS LIMITED LIABILITY COMPANY BE ING THE RECORD OWNER OF CERTA IN LANDS IN P 1 TK 114 COUNTY, COLORADO, DESCRIBED AS : LOT I BLOCK I SNOWBUNNY SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED MAY 2 1957 fN PLAT BOOK 2A AT PAGE 229. ' / CITY OF ASPEN , COUNTY OF PIT'( IN ili STATE OF C0LORA60. CONTAINING: 0.485 ACRES â€¢/- DOES HEREBY CERTIFY THAT THIS PLAT HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION OF SNOWBUNNY DUPLEX CONDOMINIUMS RECORDED THE - DAY OF 2007 AS RECEPTION NUMBER IN THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTÂ¥ OF PITKIN, STATE OF COLORADO. AV 10 PROPERTIES LLC VICINITY MAP A TEXAS LIMITED LIABIEITY COMPANY 1--500 GERALD W. SCHLIEF, MANAGER I \,?=1 633 4,Â·,0 y> 45 .....I- STATE OF COLORADO ) COUNTY OF PITKIN ) 1?*1 809\Id, 44443:9 THE FOREGO !NG OWNERS CERT IFI CATE WAS ACKNOWLEDGED BEFORE ME THIS- DAY OF 2007 BY GERALD W. SCHIELF AS MANAGER OF A 10 PROPERT IES, LLC, A TEXAS LIMITED LIABILITY COM#ANY. 44> --0 1cdticl 0,4 9 4gkb- t> dtÂ·114* SNOWBUNNY LANE SURVEYORS' CERTIFICATE EDGE OF PAVEMENT - NOTARY PUBLIC 6. VO (50- R.O.W.) 1 JOHN M. HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED DURING 2007 UNDER MY a (N 8.01 'w 144.54 3 (S 84'01'E 240.00-1 240.06 FIELD YELLOW 9184 hl LJ . P. n..Ph \9 I '4Â« 99 FOUND TO dE LOCATED THEREON . AS SHOWN ON THIS COMMON I NTEREST COMMUN I TY MAP. THE LOCATION AND 68.71 75.83' Df RECTION *.ND SUPERV ISION OF THE HEREON DESCR I BED PROPERTY. THE BUILDINGS SHOWN HEREON WERE SUBSTANTIALLY DEPICTS THE LOCATION AND DIMENSIONS OF TH6 BUILDINGS AND UNITS THEREOF. ALL SURVEY DIMENSIONS OF THE UNITS ARE'ACCURATELY SHOWN ON THIS MAP AND THE MAP ACCURATELY AND BASIS OF BEARINGS SURVEY PRECISION GREATER THAN t:10,060. ' ' RELATED EASEMENTS ON THE PROPERTY AS LISTED IN STEWART TITLE OF COLORADO INC.- ASPEN DIVISION, COMMITMENT '-ESA.* 0 11 DI I 'r 1 0 FOR TITLE INSURANCE ORDER NO. 46174 DATED: JUNE 8 2007 ARE SHOWN HEREON. 47 STONE ~ STORAGE A~YA 4 0~,rIJ~-~6,: 9 0 UNIT 2 COLUMNÂ· 9 SIGNED: L.3Â£;6",0~1~ 0 SPIKE NW CORNER LOT 14 JOHN HOWORTH, .P.L.S. 25947 TITLE CERTIFICATE 5' UTILITY EASEMENT CONTROL FOR JOB 28016 PATio , COVENANTS BK 181 PG 2~\~ 5/8' FORM STAKE -t - / THE UNDERSIGNED A DULY AUTHOR I ZED REPRESENTAT I VE OF STEWART TITLE OF COLORADO INC. REGULARLY DOING i 0 - HELD POSITION TBM 7688.69 - 00 BUSINESS INPITKIN COUNTY COLORADO . DOES HEREBY CERT IFY THAT THE OWNER AS LfSTED 6N TH IS PLAT DOES 6 . HOLD FEE SI MPLE TITLE TO l'HE WITHIN'REAL PROPERTY FREE AND CLEAR OF ALL L I ENS AND ENCUMBRANCES - 0 43: EXCEPT THOSE LISTED ON THE OWNERS CERT I F ICATE. All'HOUGH WE BELIEVE THE FACTS STATED ON TH I S PLAT ifNE_11$4411<21 <fibb<66*ffqt3 F 35.4 . PATIO ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE - NOR A GUARANTEE oF TITLE AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLL oF COLORADO. INC,/ NEITHER PATIo N STATEMENT CONTAINED HEREIN . /7.6 SET ~$< 0 ~' ASSUMES NOR WI LL BE CHARdED WITH ANY FINANCIAL OBLIGATION OR LIAB ILITY WHATSOEVER ON ANY' O 4 14. S . 0 A 2 - >14 : <09>1~~t - 620 E. HOPKINS STREET ' BUILDING 4 PATIO a STEWART TITLE OF COLORAODO INC. 35.0 ASPEN, COLORADd 81611 04 9.8 M 0 16 19 8 SIGNED: 12 '* , 9 8 3~ BY: ,TITLE: PATIO - BUILDING .: STATE OF COLORADO ) ASEI JOB R-16 0 0 5.6 4 PATIO 9 056 0 N 17.6 COUNTY OF PITKIN ) 9 29.4 . THE FOREGO INGTI TLE CERT IF ICATE WAS ACKNOWLEDGED BEFORE ME THIS- DAY OF 2007, BY PATIO G I PATIO 5.5 9 AS OF STEWART T I TLE OF COLORADO, INC. 0 5.6 0 m 17.5 NOTARY PUBLIC 40*th 6 15Â°- UNIT 1 0~ ASPENCITY ENGINEER'S APPROVAL 3- 9* z~ 5/8- STEEL PIN THIS PLAT OF THE SNOWBUNNY DUPLEX CONDOMINIUMS WAS APPROVED BY THE CITY ENGINEER OF ASPEN, COLORADO 00 SIGNED THIS DAY OF , 2007. -0 ~SET 4% s UNIT 2 ASPEN CITY ENGINEER J cal Â¢ R.-4 4-1 $- i COMMUNITY DEVELOPMENT APPROVAL -5 63> 2~ 2 THIS PLAT OF THE SNOWBUNNY DUPLEX CONDOM INI UMS WAS APPROVED BY THE COMMUN ITY DEVELOPMENT DI RECTOR 4 041.. Irit, I OF THE CITY OF ASPEN, COLORADO SIGNED THIS- DAY OF , 2007. 4 <0 LEG END AND NOTE S 5 3, l-~17 1 /4 t. 7 i COMMUNITY DEVELOPMENT DIRECTOR SECTION , O CORNER . 6 4 I CLERK AND RECORDERS ACCEPTANCE FOUND SURVEY MONUMENT AS DESCR I BED ~<02 -Dip' THIS PLAT OF THE SNOWBUNNY DUPLEX CONDOMINIUMS WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND 211 . 134 b/ RECORDER OF THE COUNTY OF PITKIN STATE OF COLORADO AT ___O'CLOCK _.M. THIS - DAY OF O SET SET RE-BAR WITH RED CAP PLS 25947 2007 AND RECORDED IN PLAT BOOK 2_ AT PAGE - AS'RECEPTION NUMBMR 11 1 12 6 SURVEY CONTROL 0 0 o FENCE CLERK AND RECORDER O UTILITY BOX T.10 S. R.85 W 2 4 6th. P.M. 3.13 (N 83'44'25 W 503.43, CALC. RECORD) GRAVEL ADDRESS: 1395 AND 1397, SNOWBUNNY LANE O LIGHT DRIVE CALLS IN C ) FROM SUBDIVISION PLAT - ROAD PAVEMENT ENCROACHES 0.3 TITLE INFORMATION FURNISHED BY: STEWRT TITLKE OF COLORADO, INC. SET 2'WC ORDER NO.46174 DATED: JUNE 8, 2007 ZONE DISTRICT: R-15 14.5 SLANTED TEXT DENOTES BUILDING TIE ----- UNIT DIVISION LINE ELEVATIONS BASED ON CITY GPS MONUMENT S-159, EL-7720.88, 1988 NGVD MANHOLE @ 27 FIRE HYDRANT 0 CUT UTILITY POLE SITE UNDER CONSTRUCTION 9/07 PREPARED BY ASPEN SURVEY ENGINEERS INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ' ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS PHONE/FAX (970) 925-3816 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN DATE JOB ZEMTFIRVIJN IMS,D ,;toTEN{FAHAP:8 =NT=RS::L IPTHE SHEET 1 OF 1 11/07 37135 SURVEYOR. . e .. 0939'18'E 65.65'