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Home My WebLink AboutLand Use Case.1286 Snowbunny Ln.0018.2009.ASLU. 1286 + #W-SNOWBUNNY LANE 0018.2009,ASLU SUBDIVISION EXEMPTION 2735-01-3-11-003 ---UitÂ»lj --0 1/\Â·Poa 3]9 e A THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0018.2009.AHPC PARCEL ID NUMBER 2735 01 3 11 003 PROJECTS ADDRESS 1286 + 1290 SNOWBUNNY LANE PLANNER PÂ¥Â«UL> Alâ‚¬14"'CleAr CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE GRAIG M. MELVILLE DATE OF FINAL ACTION 3.23.09 CLOSED BY Angela Scorey on 04/30/2009 ~C *%4WA 01.. 4/ Enpl 9 046 47Â«<Â£1 0412h<-S Pam,Q,+ 2-730 ol- 3-l 1-003 2er #** 002Â·2009. 4sLU ~~1'1Etri~fi3 . Al r - ' ;+ i' + lilli Elle Edit Record Navigate F,rm Reporis Format Iab Help i. 1*9' '/ .1* riE GLI L.h d- 14 4 j Oil A <0 01@ â‚¬-11!]~d . il ~7026 J 9*4 ~Main~ Yaluation |Custom Fields lactions |Fees |Parcels |Fee Summarx |Sub Permits |Attachments |Routing Status | Routing 1 h Permit Type ~aslu _~Aspen Land Use Permit # ~0018.2009.ASLU Address ~1286 + 1290 5NOWBUNNY LN -L| Apt/Suite ~ City ~A5PEN State ~CO -:| Zip |81611 .=1 Permit Information -7 Â· Master Permit ~ i,~ Routing Queue ~aslu07 Applied ~03%13/2009 LI Pro]ect g~ Status |pending Approved | Description SUBDIVISION EXEMPTION (INCLUDES CONDOMINIUMIZATION) Issued | Final 1 11 5ubmitted |CRAIG W.MELVILLE Clock |Running Days ~0- Expires |03$08/2010 -3 f-- ~ Last Name ~MELVILLE â‚¬ First Name ~RALPH P 333 E DURANT AVE ASPEN CO 81611 Phone |(970) 925-7797 ~ 17 Owner Is Applicant? ~1 APLastName |MELVILLE -~ First Name ~RALPH P 333 E DURANT AVE | ASPEN CO 81611 Phone ~ Cust#|21196 4 ft'f Lender -- MA,1 ,~4, Last Name ~ gl First Name I Â»1 4 Phone ~ YOF 1 1 AspenGold{b] -1 1 Record: 1 of 1 Ck* l 038 Ad $ 735 - 03 2629[ G C (6 +F- 22azek ~ xoqloo11 f sdno,El qe4 Â£ c.ugpivist:Â·, 4 84Â® k 7- A Ar PAGE Wa 1- er F, 6 DO O K A SNOWEVNNY V hx: CiTY Â®F ASF"b COUNT*oF fen. Wj 57+1'E OF Got-ORAPâ‚¬) ATTACHMENT 2 -LAND USE APPLICATION I I PROJECT: (3 KA!6 W. ME:inLLE -i- IE KENA Ml, LEE -MEL'v(LL-,12 f Name: 1~2. A 4 121-4 K FAE L \311 1-LE- f NAN<AN *-t F' ! 62 l- V i L. L g Location: i 996 + 1 ~-cig F~#r#,rl'*14Â¥ 2,Â«Et A<Â©El M (. D R)61} (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) b k k A I*/3 V A 1-735 14-3- 1 1-003 =C04 4-70 APPLICANT: Name: 31,7 2 '/A. e'-21 1 Ya rÂ· H S Address: 2009 jti,/ Phone #: - : Li ki REPRESENTATIVE: 'ObIMUNITY nAVE! OPMEkp Name: SAME Address: Phone #: TYPE OF APPLICATION: (please check all that apply): El GMQS Exemption C] Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) El Text/Map Amendment U Special Review J Subdivision U Conceptual SPA D ESA -8040 Greenline, Stream ~* Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane D Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: Â£ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Ft 15Â· 47 , -17 *f' k '-7 , A , '1 , j ~~ PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) //l Have you attached the following? FEES DUE: $ 756-- U Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: E1~pr Lot Size: Lot Area: ( for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing. Proposed: Number of residential units: Existing: 2 Proposed: Number of bedrooms: Existing: 1 Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback. Existing: jo ' Required: Proposed: Rear Setback: Existing: / 2 ' Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: f.2 ', 6 Required: Proposed: Side Setback: Existing: /4, y ' Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Andrea Hingley, 429-2797 DATE: 7/31/08 PROJECT: 1290 Snowbunny La REPRESENTATIVE: Eric Gross Tel: 970-963-6363 DESCRIPTION The applicant would like to condominiumize the existing duplex located at the above referenced location which is located in the R-15 district. Subdivision is not possible. Parking and limited common elements will need to be clearly identified. RECEIVED Land Use Code Section(s) 26.480.090 Condominiumization MAR 1 2 2009 http://www.aspenpitkin.com/depts/38/citvcode.cfm 611 Y Ur ASPEN COMMUNITY DEVELOPMEN-i Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director for final determination - Note, a public hearing is not required for this proposal unless the Community Development Director determines the request does not meet the review standards. Planning Fees: $735 Deposit for 3 hours of Staff time Total Deposit: $735 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. Signed fee agreement. 5. Completed Dimensional Requirements Form. 6. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 11. Copies of prior approvals. 12. Additional application material as required for each specific review. (See application packet and land use code) 13. 3 Copies of the complete application packet and maps. ; Referral Agencies = 1/ea.; Planning Staff = 1 Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. THE CITY oF ASPEN Land Use Application Determination of Completeness Date: March 18.2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 00018.2009.ASLU, 1286/1290 Snowbunny Lane. , Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. Disclosure of ownership. A current certificate from a title insurance company, or attorney licensed to practice in the state of Colorado, that lists the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply (Section 26.304.030 B.3) Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all o f the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. O Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, -)0 AA lic .AgiZATTrit,,~ 4 jvrvv -7 \, 1 2 Jennifer Phetan>Deputy Director City o f Aspen, Community Development Department C:\Documents and Settings\jenni fep\My Documents\all documents 11.30.07\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc !0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARâ„¢ENT Agreement for Payment of City of Aspen Development Application Fees RECEIV,1 CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: :Pi:Â·, 20[q li , 1 Ul- ASPE 1. APPLICANT has submitted to CITY an application for COMMUNITY DEVELOPN (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 of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees 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 information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICA-NT shall pay an initial deposit in the amount of $ 73.f71vhich is for 3 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 per:iodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT 8 -0. By: By: 25~~ /003 /,t-_ht,'6*Â·ak' Chris Bendon Community Development Director Date: Billing Address and Telephone Number: Required THE CITY oF ASPEN ASPEN COMMUNITY DEVELOPMENT 2008 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FLAT FEE Major 12 2,940.00 Minor 6 1,470.00 Staff Approvals 3 735.00 Flat Fee 590.00 Planning Department Hourly Rate 235.00 Board of Adjustment 265.00 Appeals of adverse board and administration 3 735.00 Historic Designation 0.00 Exempt HPC 0.00 Certificate of No Negative Effect 245.00 Minor Development Certificate of Appropriateness 3 705.00 Significant HPC <1000 sq. ft. 6 1,410.00 Significant HPC >1000 sq. ft. 12 2,820.00 Demolition, Partial Demolition, Relocation 2,820.00 Insubstantial Amendment to an approved Certificate of Appropriateness 0.00 Substantial Amendment to an approved Certificate of Appropriateness 675.00 HPC Appeals 3 705.00 Development Order Recordation Fee 45.00 Land Use Code Interpretations 50.00 Appeals of Land Use Code Interpretations 3 735.00 Referral Fees - Environmental Health Major 410.00 Referral Fees - Housing Major 410.00 Minor 212.00 Referral Fees - City Engineer Major 410.00 Minor 212.00 Referral Fees - Parks Major 410.00 Minor 212.00 RECEIVED CONDOMINIUM DECLARATION OF MAR 1 2 2009 MELVILLE CONDOMINIUMS 011 Y Ut- ASPEN COMMUNITY DEVELOPMEN] i THIS DECLARATION is made on the date set forth below by Ralph P. Melville, Marian / H. Melville, Craig W. Melville and Teresa M. Lee-Melville ("Declarants"). 1 / I E Z'- 2 '~B ' ~-0 ~' f 'l, '4 '. . RECITALS: A. Declarants are the owners, as tenants in common as to an undivided 25% each, of certain real estate in Pitkin County, Colorado, which is more particularly described as City and Townsite of Aspen (the Real Estate); and B. Declarants desire to create a Condominium Common Interest Ownership Community on the Real Estate, the name of which is Melville Condominiums, in which portions of the Real Estate will be designated for separate ownership; and C. Declarants have recorded a Condominium Map in Plat Book _ at Page of the Pitkin County records. ARTICLE 1 SUBMISSION; DEFINED TERMS Section 1.01. Submission of Real Estate. (a) Declarants hereby declare that all of the Real Estate shall be held or sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the Real Estate and be binding upon all parties having any right, title or interest in the Real Estate and their assigns and shall inure to the benefit of each Owner thereof. Additionally, Declarants hereby submits the real estate to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33.3-101, et. seq., Colorado Revised Statutes, as it may be amended from to time (the "Act", also referred to as CCIOA). In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable. Section 1.02. Defined Terms. Each capitalized term not otherwise defined in this Declaration or in the Condominium Map shall have the meaning specified or used in the Act. -1- RECEIVED ARTICLE 2 NAMES; DESCRIPTION OF REAL ESTATE MAR 1 2 2009 CCIOA CONDOMINIUM. 61 1 9 Ur Aol-'EN COMMUNITY DEVELOPMENJ Section 2.01. Names (a) Condominium. The name of the Condominium is the Melville Condominiums (the "Condominium"). This Common Interest Community is a Condominium regime. 01) Association. There shall be no homeowners association. Section 2.02. Real Estate. The Condominium is located in Pitkin County, State of Colorado, on Real Estate described above. ARTICLE 3 UPTS Section 3.01. Number of Units. The number of Units in the Condominium is two (2). The Declarants reserve no rights to create additional Units. Section 3.02. Identification of Units. The identification name or number of each Unit is shown on the Condominium Map. The Units are named Unit 1286 and Unit 1290. Section 3.03. Unit Boundaries/Maintenance and Re])air. The boundaries of each Unit are located as shown on the Condominium Map and are more particularly described as the exterior walls, floors and roofs of each Unit. The wall between the units shall be a Common Element. Each owner shall be solely responsible for all repairs and maintenance related to his/her Unit and there are no shared expenses between the Unit Owners except as related to the Driveway Area as set forth in Article 5, below. Section 3.04. Subdivision of Units. A Unit shall not be further subdivided. Section 3.05. Mechanics Lien. No labor performed or materials furnished for use in connection with any Unit with the consent or at the request of the Unit Owner thereof or his agent, contractor, or subcontractor shall create any right to file a statement of mechanic's lien against the Unit of any other Unit Owner not expressly consenting to or requesting the same or against any interest in the common elements except the undivided interest therein appurtenant to the Unit of the Unit Owner for whom such labor shall have been performed and such materials shall have been furnished. Each Unit Owner shall indemnify and hold harmless the other Unit Owner from and against liability or loss arising from the claim of any lien against the unit, or any part thereof, or any other Unit Owner for labor performed or for materials furnished in work on the first owner's unit. Any Unit Owner shall have the right to enforce such indemnity by -2- collecting from the owner of the Unit on which the labor was performed and materials furnished the amount necessary to discharge any such lien, including all costs incidental thereto, including attorneys' fees. ARTICLE 4 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS Section 4.01. Common Elements. (a) The "Common Elements" means all portions of the Condominium other than the Units. They shall be owned jointly by the Unit owners according to the respective . percentages of their pro ram share of Limited Common Elements appurtenant to their Units. (b) Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of all Limited Common Elements appurtenant to his/her Unit. Without limiting the generality of the foregoing, said obligations shall include keeping the Limited Common Elements in good, clean, attractive and sanitary condition, order and repair; removing snow or any other materials from the common elements to permit access to the Condominiums and any Unit; keeping the Coinmon Elements attractive and desirable and making necessary or desirable alterations, additions, bettennents or improvements to or on the common elements, and paying utility charges which are applicable to each Unit even if such charge is made by a shared meter or invoice. (c) If damage is inflicted, or a strong likelihood exists that it will be inflicted, any the common elements or any Unit, the Unit Owner responsible for the damage, or expense to avoid damage, is liable for the cost of prompt repair. Section 4.02. Limited Common Elements. (a) A "Limited Common Element" means a portion of the Common Elements, designated in this Declaration, or on the Condominium Map, or by the Act, for the exclusive use of one but not both Units. (b) The following portion of the building, in addition to the portions described in Section 38-33.3-202(1)(b) and (d) ofthe Act, are designated as Limited Common Elements: (i) the lawn, driveway and parking areas as shown on the Condominium map; (ii) any chute, flue, duet, wire, conduit, pipe, cable, bearing wall, bearing column or any other fixture lying partially within and partially outside the designated boundaries of a Unit, or any portion thereof; -3- (iii) shutters, awnings, window boxes, doorsteps, stoops, porches, roof overhangs, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single Unit but located outside the unit's boundaries; (iv) balconies, ratios or decks; (v) doors leading from Units to balconies, and their related frames, sills and hardware. Section 4.03. Allocation of Specified Common Element. The only Common Element for use by both of the Unit Owners shall be the Driveway Area labeled Common Element on the Condominium Map. Otherwise, each Unit Owner shall have the exclusive use of that portion of the Common Elements adjacent to the respective Units, depicted as L.C.E. on the Condominium Map. ARTICLE 5 MAINTENANCE, REPAIR AND REPLACEMENT Section 5.01. Unit. Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of his/her Unit. Without limiting the generality of the foregoing, said obligations shall include but not be limited to keeping the Unit in good, clean, attractive and sanitary condition, order and repair, including all interior and exterior surfaces, roofs, and all pipes, utility lines, etc. which are located within the walls, ceilings and floors of each Unit. Section 5.02. Limited Common Elements. Because each of the Units have been designated a specific yard area surrounding the Unit as a Limited Common Element, and because these areas are somewhat different with regard to landscaping and size, the square footage of driveway and sidewalk areas and snow removal requirements, the cost for work associated with each of the Unit'sOyard areas shall be allocated to each Unit accordingly. With regard to installation of new landscaping or fencing on the Limited Common Elements, written consent must first be obtained from the other Unit Owner, which consent shall not be unreasonably withheld so long as the planned landscaping an(For fencing does not unreasonably negatively impact the other Unit Owner, but costs for such new installation shall be borne solely by the Unit Owner requesting the same. Section 5.03. Roof and Party Wall. A portion of the roof at the rear of Unit 1290 overhangs into the airspace ofUnit 1286. The Unit 1290 owner shall have the right to access and maintenance of this roof area. Each owner agrees to allow the other to access that potion of the other Unit for the purposes of maintaining any portion of the wall between the units or the Owner's roof. -4- ARTICLE 6 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY Section 6.01. No Noxious, Offensive, Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Condominium nor shall anything be done or placed on or in part of the Condominium nor shall anything be done or placed on or in part of the Condominium which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No activity shall be conducted on any part ofthe Condominium and no improvements shall be made or constructed on any part of the Condominium which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Condominium which is unreasonably loud or annoying. No odor shall be emitted on any part of the Condominium which is noxious or offensive to others. No light shall be emitted from any part ofthe Condominium which is unreasonably bright or causes unreasonable glare. Section 6.02. No Unsightliness. No unsightliness shall be permitted on or in any part of the Condominium. Without limiting the generality of the foregoing, nothing shall be kept or stored on or in any of the common elements, nothing shall be hung or placed on any of the common elements, and nothing shall be placed on or in windows or doors of units which would or might create an unsightly appearance. Section 6.03. Mainte~nance of Units and Common Elements. Each Unit exterior and the common elements and limited common elements shall be maintained in a clean, safe, attractive and sightly condition and in good repair. No major alterations to the exterior of a Unit or with respect to any common elements shall be made without the prior written consent of both Unit Owners. Section 6.04. Owner Caused Damage. If, due to the act or neglect of a Unit Owner, loss or damage shall be caused to any person or property, including the Condominium or any Unit therein, such Unit Owner shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Unit Owner. Section 6.05. No Impairment of Structural Integrity. Nothing shall be done, without the written consent ofthe other Unit Owner, in, on or to, any Unit or the common elements, or any portion thereof, which might impair the structural integrity of the Condominium. -5- Section 6.06. No Violation of Rules. No Unit Owner shall violate the provisions of this Declaration. In the event any Unit Owner is required to seek enforcement through legal proceedings, all attorneys' fees, costs and expenses shall be paid by the defaulting Owner. Section 6.07. Responsibilities of Owners. Whenever this Declaration or any rule or regulation ofthe Association prohibits any action of, or assigns responsibility to, any Unit Owner and any provision of the Declaration or rule or regulation is violated by a tenant, licensee or guest of any Unit Owner (or anyone occupying the premises with his consent), the Unit Owner shall be responsible for any such violation to the same extent as if the Unit Owner had committed the same (except to the extent that such liability is prohibited by law). Section 6.08. Restrictions of Alienation. A Unit may not be conveyed pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes. ARTICLE 7 INSURANCE Section 7.01. Insurance Requirements Generallv. Commencing upon purchase of a Unit, each Unit Owner shall obtain and maintain in full force and effect at all times certain property, liability and other insurance as hereinafter provided. All such insurance shall be obtained, from responsible companies duly authorized to do insurance business in the State of Colorado. All such insurance, to the extent possible and applicable, shall name the other Unit Owner as an additional insured. Section 7.02. Property Insurance. (a) Each Unit Owner shall obtain and maintain property insurance insuring the entirety of his/her Unit and its appurtenant L.C.E.s against loss or damage by fire and such other hazards as are covered under standard extended coverage policies, vandalism and malicious mischief. (b) The total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. Such insurance must include the exterior Units as well as the finished interior surfaces of the walls, floors, and ceilings of the Units. The insurance shall include improvements and betterments installed by Unit Owners. Section 7.03. General Liability Insurance. Each Unit Owner shall obtain and maintain general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management ofthe common elements in the amount of $1,000,000.00 for each occurrence including bodily injury and/or property damage, insuring the Unit Owner and his/her respective employees, agents, and all persons acting as agents. The other Unit Owner shall be -6- included as an additional insured, but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements. The insurance shall cover claims of one or more insured parties against other insured parties. Section 7.04. Insurance bv Owners. Each Unit Owner shall be responsible for obtaining insurance he or she deems desirable for his or her Unit, including insurance covering furnishings and personal property belonging to that Unit Owner and covering personal liability of that Unit Owner. Section 7.05. Destruction or Damage to Propertv. (a) Any portion of the Condominium for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Unit Owner unless the Condominium is terminated, or repair or replacement would be illegal under any state or local statute or ordinance governing health or safety, or one hundred percent (100%) of the Unit Owners vote not to rebuild, or prior to the conveyance of any such Unit to a person other than Declarants, the holder of a deed of trust or mortgage on the damaged portion of the Condominium rightfully demands all or a substantial part ofthe insurance proceeds. (b) The cost of repair or replacement in excess of insurance proceeds and reserves is an expense to be borne solely by the Unit Owner affect, i.e., the Unit Owner of the Unit or its appurtenant L.C.E.s. ARTICLE 8 MISCELLANEOUS Section 8.01. Amendment of Declaration. This Declaration may be amended pursuant to Section 38-33.3-217 of CCIOA. Amendment to the Declaration or to the Condominium Map shall be prepared, executed, recorded, and certified by 100% of the Unit Owners. All expenses associated with preparing and recording an amendment to the Declaration or to the Condominium Map shall be shared equally by the Unit Owners. Every amendment to the Declaration must be recorded in Pitkin County and is effective only upon recordation. No action to challenge the validity of an amendment properly adopted by the Unit Owners pursuant to this section may be brought more than one year after the amendment is recorded. Section 8.02. Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal representatives, successors and assigns. Section 8.03. Severabilitv. Invalidity or unenforceability of any provisions of this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. -7- U Section 8.04. Captions. The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. Section 8.05. No Waiver. Failure to enforce any provisions of this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed this day of '2009. DECLARANTS: .:7 Ralph P. Melville -1 t 4,<07 Teresa M. Lee-Melville Craig W. Melville 4 rf ' Marian H. Melville #. STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing was subscribed and sworn to before me this day of ,2009, by Teresa M. Lee-Melville, Craig W. Melville, Marian H. Melville, and Ralph P. Melville Witness my hand and official seal. My commission expires: Notary Public Melville\condo.dec -8- CITY OF AsPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CrrY or ASPEN' Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit ofNotice All applications are reviewed based on the criteria established in Title 26 ofthe Aspen Municipal Code. Title 26 ofthe Aspen Municipal Code is available at the City Clerk's Office on the second floor ofCity Hall and on the internet at www.aspenpitkin.com, City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review ofthese materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions ofthe Code as they apply to your type ofdevelopment, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections ofthe Aspen Land Use Regulations. ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 48 (Series o f 2006), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual' staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. ATTACHMENT 4- MATRIX OF LAND USE APPLICATION REQUIREMENTS For application requirements, refer to the numbers in the in second column. These numbers correspond to the key on page 9. For multiple reviews, do not duplicate information. All application materials must be complete and submitted in collated packets. All drawings must include an accurate graphic scale Type of Review App. Submission Requirements Process Type (See Process Number of Required Submittal (See key on page 9.) Description in Att.5) Packets 8040 GREENLINE REVIEW 1-7, 8-10,35 P& Z 10 8040 GREENLINE EXEMPTION 1-7,8-10,35 ADMINISTRATIVE REVIEW 2 STREAM MARGIN REVIEW 1-7,8,10,11,12,35 P & Z OR ADMINISTRATIVE (Based 2 for 0 Admin., 10 for P &Z on Location) STREAM MARGIN EXEMPTION 1-7,8,10,11,12,35 ADMINISTRATIVE REVIEW 2 HALLAM LAKE BLUFF REVIEW 1-7, 13, 14,35 P& Z 10 MOUNTAIN VIEW PLANE 1-7, 15,16,35 P & Z 10 CONDITIONAL USE 1-7, 9, 17 P & Z 10 SPECIAL REVIEW* 1-7, Additional Submission Reg. depend P& Z 10 on nature of the Special Review Request. SUBDIVISION 1-7,18,19,20,21,35 P & Z, AND CITY COUNCIL 20 EXEMPT SUBDIVISION 1-7,18,19,20,21,35 CITY COUNCIL 10 LOT LINE ADJUSTMENT 1-7,22 ADMINISTRATIVE REVIEW 2 LOT SPLIT 1-7, 22 CITY COUNCIL 10 CODE AMENDMENT 1-4,7,23 P & Z, AND CITY COUNCIL 20 WIRELESS TELECOM. 1-7,16,24,25,26,27,35 ADMIN. OR P&Z 2 for Admin., 10 for P&Z SATELITE DISH OVER 24" IN 1-7 ADMIN. OR P&Z 2 for Admin., 10 for P&Z DIAMETER RES. DESIGN STANDARDS 1-7,9,28,29,30 P & ZOR DRAC 10 VARIANCE GMQS EXEMPTION* 1-7, Additional Submission Reg. depend ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P on nature of the Exemption Request. (BASED ON EXEMPTION TYPE) & Z and CC CONDOMINIUMIZATION 1,31 ADMINISTRATIVE 2 PUD 1-7,32,33,35 CONCEPTUAL - P & Z, AND CC 20 for P&Z and CC (Submit FINAL -P& Z, AND CC Separately for Final PUD Review) LODGE PRESERVATION PUD 1-7,35 P & Z, AND CC 20 PUD AMENDMENT 1-7 ADMIN., OR P & Z, AND/OR CC 2 for Admin., 10 for P & Z, 20 for P (BASED ON AMENDMENT TYPE) & Z and CC SPECIALLY PLANNED AREA 1-7,35 CONCEPTUAL -P&Z, AND CC 20 for P&Z and CC (Submit (SPA) FINAL- P & Z, AND CC Separately for Final SPA) AMENDMENT TO SPA 1-7 ADMIN., OR P&Z AND CC 2 for Admin., 20 for P&Z and CC (BASED ON SIGNIFICANCE OF AMENDMENT) TEMPORARY USE 1-7 ADMIN. OR CC (BASED ON 2 for Admin., 10 for City Council DURATION TIME) ACCESSORY DWELLING UNIT 1-7,9 ADMIN OR P &Z(BASED ON IF 2 for Administrative Review THE PROPOSAL MEETS REVIEW STANDARDS) REZONING 1-7 P & Z AND CC 20 DIMENSIONAL REQUIREMENTS 1-7,34 BOARD OF ADJUSTMENT 9 VARIANCE * Consult with a Planner about submittal requirements. * * A pre-application conference with a Planner should be conducted prior to submitting any land use application. Please call 920-5090 to schedule a pre-application conference. ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. Land Use Application with 12. Accurate elevations (in relation to system in the area of the proposed Applicant's name, address and telephone mean sea level) of the lowest floor, subdivision. The contents of the plat shall number, contained within a letter signed including basement, of all new or be of sufficient detail to determine by the applicant stating the name, address, substantially improved structures. a whether the proposed subdivision will and telephone number of the verification and recordation of the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. of the applicant which any structure is constructed; a Subdivision GIS Data. demonstration that all new construction or 2. The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation, collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to be features. constructed or improved; a demonstration 3. A disclosure of ownership of the that the structure will have the lowest 22. A subdivision plat which meets the parcel on which development is proposed floor, including basement, elevated to at terms of this chapter, and conforms to the to occur, consisting of a current certificate least two (2) feet above the base flood requirements of this tjtle indicating that no from a title insurance company, or elevation, all as certified by a registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado, listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments, liens, easements, contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty (50) percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the parcel. for the Development Application. All vegetative screening shall be 23. The precise wording of any maintained in perpetuity and shall be proposed amendment. 4. An 8 1/2" x 11" vicinity map locating replaced with the same or comparable the subject parcel within the City of material should it die. 24. Site Plan or plans drawn to a scale of Aspen. one (1") inch equals ten (10') feet or one 1 4. Site sections drawn by a registered (1") inch equals twenty (20') feet, 5. A site improvement survey including architect, landscape architect, or including before and "after" photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas, support structures, transmission registered land surveyor, licensed in the top of slope, and pertinent elevations buildings and/or other accessory uses, State of Colorado. (This requirement, or above sea level. access, parking, fences, signs, lighting, any part thereof, may be waived by the landscaped areas and all adjacent land Community Development Department if 15. Proposed elevations of the uses within one-hundred fifty (150') feet. the proJect is determined not to warrant a development, including any rooftop Such plans and drawings should survey document ) equipment and how it will be screened. demonstrate compliance with the Review Standards of this Section, 6. A site plan depicting the proposed 16. Proposed elevations ofthe layout and the project's physical development, including any rooftop 25 FAA and FCC Coordination. relationship to the land and it'S equipment and how it will be screened. Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan of the site showing (FAA) and the Federal Communications 7. A written description of the existing and proposed features which are Commission (FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision, all 8 Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours, with five-foot to the applicant, commonly known locate on an existing wireless intervals for grades over ten (10) percent landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/ interference 9. Proposed elevations of the development properties are located. analysis and capacity analysis and a brief statement as to other reasons for 10. A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots, blocks and structures in the proposed subdivision. The plat shall 28. Neighborhood block plan at 11. A Plan with the 100-year floodplain be drawn at a scale of one (1) equals one 1"=50' (available from City Engineering line and the high water line. hundred (100) feet or larger. Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one (1) sheet, an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest ofthe city and the street Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story (only one intensity of each above grade fixture, living level). Estimate the site illumination as measured in foot candles and include minimum, 29 Roof Plan. maximum, and average illumination. Additionally, provide comparable 30. Photographic panorama. Show examples already in the community that elevations ofall buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33 An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings, 34. A written description of the variance being requested. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose ofthe completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and wililist any conditions which should apply ifthe application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks5 parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting ofthe property, and mailing to surrounding landowners. Following is a summary ofthe notice requirements, including identification ofwho is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proofto the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time ofthe public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part ofa general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal ofthis Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing ofnames and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL RECEPTION#: 558192,04/23/2009 9 10:10:21 AM, 1 OF 8, R $41.00 Doc Code CONDu DECLAR Janice K. Vos Caudill, Pitkin County, CO CONDOMINIUM DECLARATION OF MELVILLE CONDOMINIUMS THIS DECLARATION is made on the date set forth below by Craig W. Melville, Teresa M. Lee-Melville, Ralph P. Melville, and Marian H. Melville, ("Declarants"). RECITALS: A. Declarants are the owners, as tenants in common as to an undivi(led 25% each, of certain real estate in Pitkin County, Colorado, which is more particularly described as Lot 5, Block 2, Snowbunny Subdivision according to the plat thereof, recorded May 2, 1957 in plat book 2A at page 229 also known as 1286 and 1290 Snowbunny Lane, City and Townsite of Aspen (the Real Estate); and B. Declarants desire to create a Condominium Common Interest Ownership Community on the Real Estate, the name of which is Melville Condominiums, in which portions of the Real Estate will be designated for separate ownership; and C. Declarants have recorded a Condominium Map in Plat Book * at Page 92 of the Pitkin County records. ARTICLE 1 SUBMISSION: DEFINED TERMS Section 1.01. Submission of Real Estate. (a) Declarants hereby declare that all of the Real Estate shall be held or sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the Real Estate and be binding upon all parties having any right, title or interest in the Real Estate and their assigns and shall inure to the benefit of each Owner thereoÂ£ Additionally, Declarants hereby submits the real estate to the pmvisions ofthe Colorado Common Interest Ownership Act, Sections 38-33.3-101, et. seq.,Colorado Revised Stattltes, as it may be amended from to time (the "Act", also referred to as CCIOA). In the event the Act is repealed, the Act, on the effective date ofthis Declaration, shall remain applicable. Section 1.02. Defined Terms. Each capitalized term not otherwise defined in this Declaration or in the Condominium Map shall have the meaning specified or used in the Act -1- ARTICLE 2 NAMES; DESCRIPTION OF REAL ESTATE CCIOA CONDOMINIUM. Section 2.01. Names (a) Condominium. The name ofthe Condominium is the Melville Condominiums (the "Condominium"). This Common Interest Community is a Condominium regime. (b) Association. There shall be no homeowners association. Section 2.02. Real Estate. The Condon]inium is located in Pitkin County, State of Colorado, on Real Estate described above. ARTICLE 3 UNITS Section 3.01. Number of Units. The number of Units in the Condominium is two (2). The Declarants reserve no rights to create additional Units. Section 3.02. Identincation of Units. The identification name or number of each Unit is shown.on the Cendominium Map. The Units are named Unit 1286 and Unit 1290. Section 3.03. Unit Boundaries/Maintenance and Repair. The boundaries of each Unit are located as shown on the Condominium Map and are more particularly described as the exterior walls, floors and roofs ofeach Unit. The wall between the units shall bea Common Element Each owner shall be solely responsible for all repairs and maintenance related to his/her Unit and there are no shared expenses between the Unit Owners except as related to the Driveway Area as set forth in Article 5, below. Section 3.04. Subdivision of Units. A Unit shall not be further subdivided. Section 3.05. Mechanics Lien. No labor performed or materials furnished for use in connection with any Unit with the consent or at the request of the Unit Owner thereof or his agent, contractor, or subcontractor shall create any right to file a statement of mechanic's lien against the Unit of any other Unit Owner not expressly consenting to or requesting the same or against any interest in the common elements except the undivided interest therein appurtenant to the Unit ofthe Unit Owner for whom such labor shall have been performed and such materials shall have been furnished. Each Unit Owner shall indemnify and hold harmless the other Unit Owner from and against liability or loss arising from the claim of any lien against the unit, or any part thereof, or any other Unit Owner for labor performed or for materials furnished in wodc on the first owner' s unit Any Unit Owner shall have the right to enforce such indemnity by -2- collecting from the owner ofthe Unit on which the labor was performed and materials furnished the amount necessary to discharge any such liens including all costs incidental thereto, including attorneys' fees. ARTICLE 4 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS Section 4.01. Common Elements. (a) The "Common Elements" means all portions ofthe Condominium other than the Units. They shall be ownedjointly by the Unit owners according to the respective percentages of their pro rata share ofLimited Common Elements appurtenant to their Units. (b) Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of all Limited Common Elements appurtenant to his/her Unit Without limiting the generality of the foregoing, said obligations shall include keeping the Limited Common Elements in good, clean, attractive and sanitary condition, order and repair; removing snow or any other materials from the common elements to permit access to the Condominiums and any Unit; keeping the Common Elements attractive and desirable and making necessary or desirable alterations, additions, betterments or improvements to or on the common elements, and paying utility charges which are applicable to each Unit even if such charge is made by a shared meter or invoice. (c) If damage is inflicted, or a strong likelihood exists that it will be inflicted, upon any of the common elements or any Unit, the Unit Owner responsible for the damage, or expense to avoid damage, is liable for the cost ofprompt repair. Section 4.02. Limited Common Elements. (a) A "Limited Common Element" means a portion ofthe Common Elements, designated in this Declaration, or on the Condominium Map, or by the Act, for the exclusive use of one but not both Units. (b) The following portion ofthe building, in addition to the portions described in Section 38-33.3-202(1)(b) and (d) of the Act, are designated as Limited Common Elements: (i) the lawn, driveway and parking areas as shown on the Condominium map; (ii) any chute, flue, duct wire, conduit, pipe, cable, bearing wall, bearing column or any other fixture lying partially within and partially outside the designated boundaries of a Unit, or any portion thereof; -3- (iii) shutters, awnings, window boxes, doorsteps, stoops, porches, roof overhangs, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single Unit but located outside the unifs boundaries; (iv) balconies, patios or decks; (v) doors leading from Units to balconies, and their related frames, sills and hardware. Section 4.03. Allocation of SD~cified Common Element. The only Common Element for use by both of the Unit Owners shall be the Driveway Area labeled Common Element on the Condominium Map. Otherwise, each Unit Owner shall have the exclusive use ofthat portion of the Common Elements adjacent to the respective Units, depicted as L.C.E. on the Condominium Map. ARTICLE 5 MAINTENANCE. REPAIR AND REPLACEMENT Section 5.01. Unit. Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of his/her Unit. Without limiting the generality of the foregoing: said obligations shall include but not be limited to keeping the Unit in good, clean, attractive and sanitary condition, order and repair, including all interior and exterior surfaces, roofs, and all pipes, utility lines, etc. which are located within the walls, ceilings and floors of each Unit. Section 5.02. Limited Common Elements. Because each ofthe Units have been designated a specific yard area surrounding the Unit as a Limited Common Element and because these areas are somewhat different with regard to landscaping and size, the square footage of driveway and sidewalk areas and snow removal requirements, the cost for work associated with each ofthe Unit's yard areas shall be allocated to each Unit accordingly. With regard to installation of new landscaping or fencing on the Limited Common Elements, written consent must first be obtained from the other Unit Owner, which consent shall not be unreasonably withheld so long as the planned landscaping and/or fencing does not unreasonably negatively impact the other Unit Owner, but costs for such new installation shall be borne solely by the Unit Owner requesting the same. Section 5.03. Roof and Party Wall. A portion oftheroofat the rear ofUnit 1290 overhangs into the airspace ofUnit 1286. The Unit 1290 owner shall have the right to access and maintenance ofthis roof area. Each owner agrees to allow the other to access that potion ofthe other Unit for the purposes of maintaining any portion of the wall between the units or the Owner's rooÂ£ -4- ARTICLE 6 RESTRICTIONS ON USE. ALIENATION AND OCCUPANCY Section 6.01. No Noxious. Offensive. Hazardous or Annoving Activities. No noxious or offensive activity shall be carried on upon any part ofthe Condominium nor shall anything be done or placed on or in part ofthe Condominium nor shall anything be done or placed on or in part of the Condominium which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No activity shall be conducted on any part ofthe Condominium and no improvements shall be made or constructed on any part ofthe Condominium which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part ofthe Condominium which is unreasonably loud or annoying. No odor shall be emitted on any part ofthe Condominium which is noxious or offensive to others. No light shall be emitted from any part ofthe Condominium which is unreasonably bright or causes unreasonable glare. Section 6.02. No Unsightliness. No unsightliness shall be permitted on or in any part of the Condominium. Without limiting the generality ofthe foregoing, nothing shall be kept or stored on or in any of the common elements, nothing shall be hung or placed on any of the common elements, and nothing shall be placed on or in windows or doors of units which would or might create an unsightly appearance. Section 6.03. Maintenance of Units and Common Elements. Each Unit exterior and the common elements and limited common elements shall be maintained in a clean, safe, attractive and sightly condition and in good repair. No major alterations to the exterior of a Unit or with respect to any common elements shall be made without the prior written consent of both Unit Owners. Section 6.04. Owner Caused Damage. If, due to the act or neglect of a Unit Owner, loss or damage shall be caused to any person or property, including the Condominium or any Unit therein, such Unit Owner shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Unit Owner. Section 6.05. No Imnairment of Structural Integrity. Nothing shall be done, without the written consent of the other Unit Owner, in, on or to, any Unit or the common elements, or any portion thereof, which might impair the structural integrity ofthe Condominium. -5- Section 6.06. No Violation of Rules. No Unit Owner shall violate the provisions ofthis Declaration. In the event any Unit Owner is required to seek enforcement through legal proceedings, all attorneys' fees, costs and expenses shall be paid by the defaulting Owner. Section 6.07. Responsibilities of Owners. Whenever this Declaration or any rule or regulation of the Association prohibits any action of, or assigns responsibility to, any Unit Owner and any provision ofthe Declaration or rule or regulation is violated by a tenant, licensee or guest of any Unit Owner (or anyone occupying the premises with his consent), the Unit Owner shall be responsible for any such violation to the same extent as ifthe Unit Owner had committed the same (except to the extent that such liability is prohibited by law). Section 6.08. Restrictions of Alienation. A Unit may not be conveyed pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes. ARTICLE 7 INSURANCE Section 7.01. Insurance Reauirements Generallv. Commencing upon purchase of a Unit, each Unit Owner shall obtain and maintain in full force and effect at all times certain property, liability and other insurance as hereinafter provided. All such insurance shall be obtained, from responsible companies duly authorized to do insurance business in the State of Colorado. All such insurance, to the extent possible and applicable, shall name the other Unit Owner as an additional insured. Section 7.02. Propertv Insurance. (a) Each Unit Owner shall obtain and maintain property insurance insuring the entirety of his/her Unit and its appurtenant L.C.E.s against loss or damage by fire and such other hazards as are covered under standard extended coverage policies, vandalism and malicious mischieÂ£ (b) The total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. Such insurance must include the exterior Units as well as the finished interior surfaces ofthe walls, floors, and ceilings of the Units. The insurance shall include improvements and betterments installed by Unit Owners. Section 7.03. General Liability Insurance. Each Unit Owner shall obtain and maintain general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management ofthe common elements in the amount of$1,000,000.00 for each occurrence including bodily injuty and/or property damage, insuring the Unit Owner and his/her respective employees, agents, and all persons acting as agents. The olher Unit Owner shall be -6- included as an additional insured, but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements. The insurance shall cover claims ofone or more insured parties against other insured parties. Section 7.04. Insurance bv Owners. Each Unit Owner shall be responsible for obtaining insurance he or she deems desirable for his or her Unit, including insurance covering furnishings and personal property belonging to that Unit Owner and covering personal liability of that Unit Owner. Section 7.05. Destruction or Damage to Pronertv. (a) Any portion of the Condominium for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Unit Owner unless the Condominium is terminated, or repair or replacement would be illegal under any state or local statute or ordinance governing health or safety, or one hundred percent (100%) ofthe Unit Owners vote not to rebuild, or prior to the conveyance of any such Unit to a person other than Declarants, the holder of a deed oflrust or mortgage on the damaged portion ofthe Condominium rightfully demands all or a substantial part ofthe insurance proceeds. (b) The cost ofrepair or replacement in excess of insurance proceeds and reserves is an expense to be borne solely by the Unit Owner affect, i.e.. the Unit Owner of the Unit or its appurtenant L.C.E.s. ARTICLES MISCELLANEOUS Section 8.01. Amendment of Declaration. This Declaration may be amended pursuant to Section 38-33.3-217 of CCIOA. Amendment to the Declaration or to the Condominium Map shall be prepared, executed,recorded,and certified by 100% of the Unit Owners. All expenses associated with preparing and recording an amendment to the Declaration or to the Condominium Map shall be shared equally by the Unit Owners. Every amendment to the Declaration must be recorded in Pitkin County and is effective only upon recordation. No action to challenge the validity of an amendment properly adopted by the Unit Owners pursuant to this section may be brought more than one year after the amendment is recorded. Section 8.02. Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit ofthe Unit Owners, each Unit Owner and their heirs, personal representatives, successors and assigns. Section 8.03. Severabilitv. Invalidity or unenforceability ofany provisions ofthis Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. -7- Section 8.04. Captions. The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions ofthis Declaration. Section 8.05. No Waiver. Failure to enforce any provisions ofthis Declaration shall not operate as a waiver of any such provision or of any other provision ofthis Declaration. IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed this 2 0 dayof APRIL ,2009. DECLARANT Craig W. Melville 1.-~buÂ«~32.-Â£_c Teresa M. Lee-Melville 4-UAL{79r,1-14 Ral~h D. Melville o j EL L CA- ~~ A./1 C *.Yv ki . Marian H. Melville STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing was subscribed and sworn to before me thi= 2 0 day of *gu. ,2009, by Craig W. Melville, Teresa M. Lee-Melville, Ralph P. Melville and Marian H. Melville. Witness my hand and official seal. My commission expires: 'll .--Â·.,Jr lr/" _ FA.-SCOTT NORRIS N6~y Public NOTARY PUBLIC ~y-TATE OF COLORADO ~ Mekllebo~ag##ommission Expires 11/06/2010 -8- Document of Recordation: April 24,2009 Condominium Plat 1286 and 1290 Snowbunny Lane Book 90, Page 92 Plat reception number: 558192 Declaration reception number: 558192 IC , ' Stewart Title of Colorado, Inc. rstewart: Aspen Division ,~ 620 East Hopkins Avenue -title of colorado Aspen, Colorado 81611 , 9, Phone: 970-925-3577 C k. Fax: 970-925-1384 -,24 Date: September 29,2008 â‚¬44 1 Order Number: 20943 bel-Yok'Wh Buyer: To Be Determined 4% Seller: Ralph P. Melville and Marian H. Melville <4 Property Address: 1290 Snowbunny Lane, Aspen, CO 81611 Please direct all Escrow inquiries to: Please direct all Title inquiries to: Linda Wilhams Phone: 970-766-0234 Email Address: 1william3 @ stewart.com SELLER: BUYER/BORROWER: Ralph P. Melville To Be Determined Marian H. Melville 1286 Snowbunny Lane Aspen, Colorado 81611 LISTING BROKER: SELLING BROKER: None None LENDER: To Be Determined OTHER CONTACTS: Whitsitt and Gross, PC Attn: Eric Gross 320 Main Street Suite 200 Carbondale. Colorado 81623 Phone: (970) 963-6363 Fax: (970) 963-6667 We Appreciate Your Business And Look Forward to Serving You in the Future. JI ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by ---stewart , title guaranty company Stewart Title Guaranty Company, a Texas Corporation C'Company"), for a valuable consideration, 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 in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: .. 43.WAdU - b Lt:vvell-I u L ) 77, -0 L_-- title guaranty company 1 , Senior Chairman of the Board X*rized Countersignamre *44)3 1.69â‚¬41-~ Stewart Title of Colorado, Inc. f*....,0.,04'..Â« tai 5 -*- GE- 2 Aspen Division *21908 82 ~Chairman of the Board 620 East Hopkins Avenue \(Fica , Aspen, Colorado 81611 944/WOL Phone: 970-925-3577 President Fax: 970-925-1384 Order Number: 20943 ALTA Commitment (6/17/06) 31 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 4, 2008, at 7:30 A.M. Order Number: 20943 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (Standard) $TBD Proposed Insured: TO BE DETERMINED (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: CRAIG W. MELVILLE, TERESA M. LEE-MELVILLE, RALPH P. MELVILLE and MARIAN H. MELVILLE 5. The land referred to in this Commitment is described as follows: Lot 5, Block 2, SNOWBUNNY SUBDIVISION, according to the Plat thereof recorded May 2, 1957 in Plat Book 2A at Page 229. COUNTY OF PITKIN, STATE OF COLORADO. Purported Address: Statement of Charges: 1290 Snowbunny Lane These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: ITLE COMMITMENT FEE: $175.00 Order Number: 20943 p Steâ€žval-t ALTA Commitment (6/17/06) - Schedule A L--- title guaranty company Page l of l COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 1 REQUIREMENTS Order Number: 20943 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NONE: IT IS UNDERSTOOD THAT THE COMMITMENT IF FOR INFORMATIONAL PURPOSES, NO POLICY WILL BE ISSUED UNDER IT Order Number: 20943 pstrevâ€žart ALTA Commitment (6/17/06) - Schedule B 1 Page 1 of 1 L-- title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 2 EXCEPTIONS Order Number: 20943 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and 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 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises, as reserved in United States Patent recorded June 16, 1894 in Book 55 at Page 45. 11. Easements for utilities or other purposes as shown on the Plat of Snowbunny Subdivision recorded as Document No. 105066 and easements for utilities as reserved in Paragraph No. 6 of instrument recorded May 2, 1957 in Book 181 at Page 255 as Reception No. 105074, and Assignment of Powers and Duties under Paragraph 5 thereof recorded October 13, 1965 in Book 216 at Page 96 as Reception No. 127079. Order Number: 20943 r stewad ALTA Commitment (6/17/06) - Schedule B 2 Page 1 of 2 1--- title guaranty company 12. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin as contained in instrument recorded in Book 181 at Page 255 of the records for Pitkin County, Colorado. 13. Declaration of Trust recorded August 8,1958 in Book 184 at Page 435. 14. Accessory Dwelling Unit Deed Restriction, Pursuant to Section 26.40.090 of the City of Aspen Municipal Code as set forth in instrument recorded July 1, 1999 as Reception No. 432898. 15. Sidewalk, Curb and Gutter Improvement Agreement as set forth in instrument recorded August 2, 1999 as Reception No. 433973. Order Number: 20943 r stevioa, t ALTA Commitment (6/17/06) - Schedule B 2 Page 2 of 2 L- title guaranty company DISCLOSURES Order Number: 20943 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or 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 recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) CE) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender' s Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder an(For the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial 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 owner' s permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BEDEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 20943 Disclosures Stewart Title Guaranty Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company . We may collect nonpublic personal information about you from the following sources: â€¢ Information we receive from you, such as on applications or other forms. â€¢ Information about your transactions we secure from our files, or from our affiliates or others. â€¢ Information we receive from a consumer reporting agency. â€¢ Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: â€¢ Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. â€¢ Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERNITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Stewart Title of Colorado, Inc. DISCLOSURE The title company, Stewart Title of Colorado, Inc. - Aspen Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that tile parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. J] 11& CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired 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, 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 paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured 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 insuring 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. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http:Uwww.alta.org. E-stewart r title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. 21 rIT . 0 . . . 0 . . COMMON )I NTERE ST COMMUNITY PLAT OF THE MELV )I LLE CONDOMI N~UMS A o SITUATED ON LOT 5. BLOCK 2. SNOWBUNNY SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED MAY 2. 1957 IN PLAT BOOK 2A AT PAGE 229. CITY OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO. 1--10 CONTAINING: 0.344 ACRES ./- (15.000 SO. FT. ./-) 0.485 ACRES +/- 0 10 20 RECEIVED RECEIVED THE PURPOSE OF THIS PLAT IS TO CONDOMINIUMIZE THE PROPERTY MAR 1 2 2009 AND IMPROVEMENTS THEREON INTO THE MELVILLE CONDOMINIUMS MAR 1 2 2009 01 i r or ASPEN CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING COMMUNITY DEVELOPMENT Cl 0'26'04- 120.00 0.91 0.91 N 83'47 58-W li, , ur Abl-'EN COMMUNITY DEVELOPMENT LOT 5 OWNER'S CERTIFICATE WEST MEADOW SUBD ASEI JOB NO. 11078 KNOW ALL PERSONS BY THESE PRESENTS THAT CRAIG W. MELVILLE. TERESA M. LEE-MELVILLE. RALPH P. SECTION YELLOW. 9184 LOT 6 MELVILLE AND MARIAN H. MELVILLE BEING THE RECORD OWNER OF CERTAIN LANDS IN PITKIN COUNTY, CORNER COLORADO. DESCRIBED AS FOLLOWS: 211 WEST MEADOW SUBD LOT 5. BLOCK 2. SNOWBUNNY SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED MAY 2. 953.07 1957 IN PLAT BOOK 2* AT PAGE 229. '22'38-W T\E ASEI JOB NO. 36270 El-73 5 75 70.22 YELLOW. 20151 STATE OF COLORADO. RECORD . 1 CITY OF ASPEN. CALC. 125 COUNTY OF PITKIN. T.B.M. 7837.24 CONTAINING: 0.344 ACRES +/- T.10 S.. R.85 W --- STEEL PIN 54.78 AS RECEPTION NUMBER IN THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY 6th. P.M --- DOES HEREBY CERTIFY THAT THIS PLAT HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE PLATTED IO ~ UTILITY EASEMENT - ~ CONDOM INIUM DECLARAT ION OF MELV I LLE CONDOM INI UMS RECORDED THE - DAY OF 2009 OF PI TK IN. STATE OF COLORADO . -- 5 LOT~ 5 -- --- - _0312> . CRAIG W. MELVILLE. OWNER RALPH P. MELVILLE. OWNER V ICINI TY MAP ~2.2 ~ --7 TERESA M. LEE-MELVILLE, OWNER MARIAN H. MELVILLE. OWNER 1 - -400' 19 a STATE OF COLORADO ) 1 L.1 h'ltâ‚¬\' , <di,, Â© 5 1-2*#still ~ uÂ»09'e#Pect I L.C.E. , 8. UNIT 1290 3.9 1 L.C.E. COUNTY OF PITKIN ) 6 k< 4.1 D UNIT 1286 THE FOREGO ING OWNERS CERT IFI CATES WERE ACKNOWLEDGED BEFORE ME THIS- DAY OF 2009 46Â¢/ NOTARY PUBLIC 97%, 2*)' 2: SURVEYORS' CERTIFICATE C 0 n ~~~~~ ~ FOUND TO BE LOCATED THEREON. AS SHOWN ON THIS COMMON INTEREST COMMUNITY MAP. THE LOCATION AND m d 0 m 4 1. JOHN M. HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED DURING NOVEMBER. 2008 UNDER MY DIRECTION. AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE BUILDINGS SHOWN HEREON WERE g 14.6 DIMENSIONS OF THE UNITS ARE ACCURATELY SHOWN ON THIS MAP. AND THE MAP ACCURATELY AND : 11 SUBSTANTIALLY DEPICTS THE LOCATION AND DIMENSIONS OF THE BUILDINGS AND UNITS THEREOF. ALL SURVEY TE RELATED EASEMENTS ON THE PROPERTY AS LISTED IN STEWART TITLE OF COLORADO. COMMITMENT FOR TITLE < THAN 1: 10.000. 35 8 ~ INSURANCE. NO. 20943. DATED: SEPTEMBER 4. 2008. ARE SHOWN HEREON. SURVEY PRECISION GREATER S I GNED: STAIRS 3Â£ LOT 4 9 8.2 0 JOHN HOWORTH, .P.L.S. 25947 [73-7-./. 17.1 - Â· STAIRS UJ 1 9 N . T!.LE CERT IFICATE 0 F 1 -Â·-! ~ 4.5 Th : to THE UNDERS I GNED A DULY AUTHOR I ZED REPRESENTAT I VE OF STEWART T I TLE OF COLORADO. REGULARLY DO I NG 0 . 2 1,16 g BUSINESS IN PITKIN COUNTY. COLORADO. DOES HEREBY CERTIFY THAT THE OWNER AS LISTED ON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE WITHIN REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES 2 211 EXCEPT THOSE LISTED ON THE OWNERS CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT UNIT 1290 BIZ 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 TITLE OF COLORADO. NEITHER -lu ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY 3/0 STATEMENT CONTAINED HEREIN 01% STEWART TITLE OF COLORADO 620 E. HOPKINS AVENUE Z'LU UNIT 1286 ASPEN. COLORADO 81611 31 0 14.8 26.2 0 SIGNED: LOT 6 BY: .TITLE: B STATE OF COLORADO ) 8 20. i - Z ASE I JOB NO. 10047 COUNTY OF PITKIN ) 22.3 - THE FOREGO INGTI TLE CERT IFI CATE WAS ACKNOWLEDGED BEFORE ME THIS- DAY OF 2009. BY AS OF STEWART TITLE OF COLORADO. WALK 0 2nd FLOOR 2 ~ NOTARY PUBL I C 14.5 ASPEN CITY ENGINEER'S APPROVAL LEGEND AND NOTES m â€ž THIS PLAT OF THE MELVILLE CONDOMINIUMS WAS APPROVED BY THE CITY ENGINEER OF ASPEN. COLORADO 0 . 14.3 4 L.C.E. PORCH SIGNED THIS - DAY OF 2009. O FOUND SURVEY MONUMENT AS DESCRIBED UNIT I 290 1 ASPEN CITY ENGINEER PAVED O SET SET RE-BAR WITH RED CAP PLS 25947 WATER COURSE DRIVE 4 SURVEY CONTROL COMMUNITY DEVELOPMENT DIRECTOR APPROVAL 19 -/10 <z -Ar-ciA -WATER COURSE- Â· Â· - G O o FENCE + THIS PLAT OF THE MELVILLE CONDOMINIUMS WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITYOF ASPEN. COLORADO S IGNED THIS- DAY OF 2009. Â¤ UTILITY BOX / L.C.E. . UNIT 1286 + COMMUNITY DEVELOPMENT DIRECTOR ADDRESS: 1286 AND 1 290. SNOWBUNNY LANE 44 L'?T i290 ~- tÂ»,tr ille //1// LIGHT 00 CLERK AND RECORDERS ACCEPTANCE 12 /\ 1/\ i UNIT 1286 CALLS IN { ) FROM SUBDIVISION PLAT TITLE INFORMATION FURNISHED BY: AL. DISK 9184 ~ 2009 AND RECORDED IN PLAT BOOK - AT PAGE - AS RECEPTION NUMBER THIS PLAT OF THE MELVILLE CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN. STATE OF COLORADO. AT -O'CLOCK. _.M. THIS - DAY OF HELD POSITION , STEWART TITLE OF COLORADO. ASPEN DIVISION N 84'01*W 124.09 ORDER NO. 29043 DATED: SEPT. 4. 2008 CLERK AND RECORDER 61.05 PARKING GRAVEL doNe-01â„¢1CD-2-105- 14.5 SLANTED TEXT DENOTES BUILDING TIE - NO.5. RE-BAR UNIT DIVISION LINE AT RIGHT ANGLES TO PROPERTY EDGE OF PAVEMENT ELEVATIONS BASED ON CITY GPS MONUMENT S-159. EL-7720.88. 1988 NGVD MANHOLE FIRE HYDRANT CUT UTILITY POLE ~ THIS PROPERTY IS SITUATED IN ZONE 'X- (AREAS SNOWBUNNY LANE DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A.. FOR PITKIN COUNTY, COLORADO. COMMUNITY- PANEL NUMBER 08097C0204 C. EFFECTIVE DATE: JUNE 4. 1987 50' R.O.W. THIS PROPERTY LIES OUTSIDE THE SURFACE DRAINAGE MASTER PLAN FOR THE CITY OF ASPEN DATED NOVEMBER 2001. ELEVATION BASED ON CITY GPS MONUMENT S-159. EL - 7715.337. 1929 NGVD PREPARED BY L.C.E. LIMITED COMMON ELEMENT 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 SHEET 1 OF 1 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 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE DATE JOB CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE 01/09 38273 0 0 0 0 0 0 0 0 120 ASI .021 m 4.2 8 60 . . . 0 . . . . COMMON 1INTEREST COMMUNITY PLAT OF THE MELV )I LLE CONDOM JI N )I UMS SITUATED ON LOT 5. BLOCK 2. SNOWBUNNY SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED MAY 2. 1957 IN PLAT BOOK 2A AT PAGE 229. CITY OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO. 1.-10 CONTAINING: 0.344 ACRES ./- (15.000 SQ. FT. ./-) RECEIVED 0.485 ACRES +/- 1 0 20 COMMUNITY DEVELOPMENT THE PURPOSE OF THIS PLAT IS TO CONDOMINIUMIZE THE PROPERTY MAR 1 2 2009 01, i ur AoPEN AND IMPROVEMENTS THEREON INTO THE MELVILLE CONDOMINIUMS CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING C I 0'26'04 120.00 0.91 0.91 N 83'47-58-W LOT 5 OWNER'S CERTIFICATE WEST MEADOW SUBD ASEI JOB NO. 11078 KNOW ALL PERSONS BY THESE PRESENTS THAT CRAIG W. MELVILLE. TERESA M. LEE-MELVILLE, RALPH P. SECTION YELLOW. 9184 LOT 6 MELVILLE AND MARIAN H. MELVILLE BEING THE RECORD OWNER OF CERTAIN LANDS IN PITKIN COUNTY, CORNER COLORADO. DESCRIBED AS FOLLOWS: 211 WEST MEADOW SUBD LOT 5. BLOCK 2. SNOWBUNNY SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED MAY 2. 953.07 r-1-73 s 75-22.-58-* 1\E ASEI JOB NO. 36270 1957 IN PLAT BOOK 2* AT PAGE 229. RECORD 4' /'E I25 YELLOW. 20151 STATE OF COLORADO. CITY OF ASPEN. CALC . 70.22 T.B.M. 7837.24 COUNTY OF PITKIN. T.10 S.. R.85 W -- Â· CONTA INING: 0.344 ACRES +/- 54.78 AS RECEPTION NUMBER IN THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY 6th. P.M. --* *-- PLATTED 10'~ UTIL)TY EASEMENT STEEL PIN DOES HEREBY CERTIFY THAT THIS PLAT HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION OF MELVILLE CONDOMINIUMS RECORDED THE - DAY OF 2009 -0 - ~ OF P I TKIN. STATE OF COLORADO. â‚¬ LOT,f-5 - --- - POND- . CRAIG W. MELVILLE. OWNER RALPH P. MELVILLE, OWNER VICINITY MAP 12 2 -- TERESA M LEE-MELVILLE. OWNER MARIAN H. MELVILLE. OWNER 1 - -400 4 . 4Â». 11 5-, :... -â€¢44.-- ,~ ~' ~ STATE OF COLORADO ) ) s. UNITE 1 290 L.C.E. i COUNTY OF PITKIN ) 4. 1 UNIT 1286 THE FOREGOING OWNERS CERTIFICATES WERE ACKNOWLEDGED BEFORE ME THIS - DAY OF 2009 (0 0 4,4 gd g o, 0 ..24 ) 19 L.P # NOTARY PUBLIC -â€ž.,94 --0 3.1 Lf-/it? 0 1~,*) : 8 SURVEYORS ' CERTIFICATE 3-?TT ~) ---~1 / DIRECTION. AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE BUILDINGS SHOWN HEREON WERE R 9 z 1 5-canc'A r.- , U.r 15 ;4.6 -~ ~SITE ' . JOHN M. HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED DURING NOVEMBER. 2008 UNDER MY ~ FOUND TO BE LOCATED THEREON. AS SHOWN ON THIS COMMON INTEREST COMMUNITY MAP. THE LOCATION AND DIMENSIONS OF THE UNITS ARE ACCURATELY SHOWN ON THIS MAP. AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND DIMENSIONS OF THE BUILDINGS AND UNITS THEREOF. ALL SURVEY ~65 '4< tb q~- 6#A-2.3.L.-t . RELATED EASEMENTS ON THE PROPERTY AS L I STED IN STEWART T I TLE OF COLORADO. COMM I TMENT FOR T I TLE 2, C~' ~~6 * 1 0 35 8 ~ INSURANCE.NO. 20943. DATED: SEPTEMBER 4. 2008. ARE SHOWN HEREON. SURVEY PRECISION GREATER THAN 1:10.000. 33 - 4Â¢Â° Â£~0~46 n STAIRS LOT 4 ' SIGNED: 0, U 9-"111' 4 4, , ~ 171 JOHN HOWORTH, .P.L.S. 25947 9 8.2 0 1 .4 STATRS THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE OF COLORADO. REGULARLY DOING %* v LU TITLE CERTIFICATE 04 b .,b <D ,â€¢11 -MB~ --r' ~~--'---"=r w Â¥ 1-J 1 '4-5 /2)lilli - 21,2 9. 8 51. BUSINESS IN PITKIN COUNTY. COLORADO. DOES HEREBY CERTIFY THAT THE OWNER AS LISTED ON THIS PLAT DOES -11>- HOLD FEE SIMPLE TITLE TO THE WITHIN REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES V. 9 9.4 4 <i 1 z ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE . NOR AN OPINION OF TITLE EXCEPT THOSE LISTED ON THE OWNERS CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT A. A f .1 i - UNIT 1290 51= -la- NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE OF COLORADO. NEITHER 01 ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY / STATEMENT CONTAINED HEREIN 01% STEWART TITLE OF COLORADO 620 E. HOPKINS AVENUE 2/E UNIT 1 2 8 6 ASPEN, COLORADO 8I6ll D: 0 14.8 SIGNED: 26.2 i f LOT 6 BY: .TITLE: 1 STATE OF COLORADO ) 8 20. I g 0 ASE I JOB NO. 10047 COUNTY OF PITKIN ) 22.3 ~ ~ i THE FOREGO INGTI TLE CERT IFI CATE WAS ACKNOWLEDGED BEFORE ME THIS- DAY OF 2009. BY Â¥ AS OF STEWART TITLE OF COLORADO. WALK O , 2â€¢d FLOOR 2 ' NOTARY PUBL 1 C 14.5 ASPEN CITY ENGINEER'S APPROVAL LEGEND AND NOTES : 0 . 14.3 4 L.C.E. PORCH THIS PLAT OF THE MELVILLE CONDOMINIUMS WAS APPROVED BY THE CITY ENGINEER OF ASPEN. COLORADO SIGNED THIS - DAY OF 2009. O FOUND SURVEY MONUMENT AS DESCRIBED UNIT 1290 , ASPENCITY ENGINEER O SET SET RE-BAR WITH RED CAP PLS 25947 WATER COURSE PAVED DRIVE -~ COMMUNITY DEVELOPMENT DI RECTOR APPROVAL 4 SURVEY CONTROL WATER COURSE- Â· - 8 0 e UTILITY BOX L.C.E. r Â·t 4 THIS FLAT OF THE MELV I LLE CONDOM INI UMS WAS APPROVED BY THE COMMUN ITY DEVELOPMENT DIRECTOR 30' OF THE CITY oF ASPEN. COLORADO SIGNED THIS - DAY OF 2009. 0 r 2 42Â®.. h/ 1 2/ UNITI 286 + COMMUNI TY DEVELOPMENT DI RECTOR ADDRESS: 1286 AND 1290. SNOWBUNNY LANE 0 O LIGHT 00 CLERK AND RECORDERS ACCEPTANCE CALLS IN ( ) FROM SUBDIVISION PLAT THIS PLAT OF THE MELVILLE CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND TITLE INFORMATION FURNISHED BY: AL. DISK 9184 RECORDER OF THE COUNTY OF PITKIN. STATE OF COLORADO.AT -O' CLOCK. _.M.THIS- DAY OF HELD POSITION 2009 AND RECORDED IN PLAT BOOK - AT PAGE - AS RECEPT I ON NUMBER STEWART TITLE OF COLORADO. ASPEN DIVISION ORDER NO. 29043 DATED: SEPT. 4. 2008 CLERK AND RECORDER N 84'01'W 124.09 6/.05 GRAVEL ZONE DISTRICT: R-15 PARKING 14.5 SLANTED TEXT DENOTES BUILDING TIE - NO.5. RE-BAR UNIT DIVISION LINE AT RIGHT ANGLES TO PROPERTY EDGE OF PAVEMENT ELEVATIONS BASED ON CITY GPS MONUMENT S-159. EL-7720.88. 1988 NGVD MANHOLE FIRE HYDRANT CUT UTILITY POLE ~ THIS PROPERTY IS SITUATED IN ZONE -X- (AREAS SNOWBUNNY LANE DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A.. FOR PITKIN COUNTY. COLORADO. COMMUNITY- PANEL NUMBER 08097C0204 C. EFFECTIVE DATE: JUNE 4. 1987 50' R.O.W. THIS PROPERTY LIES OUTSIDE THE SURFACE DRAINAGE MASTER PLAN FOR THE CITY OF ASPEN DATED NOVEMBER 2001. ELEVATION BASED ON CITY GPS MONUMENT S-159. EL - 7715.337. 1929 NGVD PREPARED BY L.C.E. LIMITED COMMON ELEMENT 0 ASPEN SURVEY ENGINEERS. INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT I ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 1 OF 1 SHEET PHONE/FAX (970) 925-3816 BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE JOB DATE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE : 3827~3 SURVEYOR . e . e . e . . 01/09 120 ' BAS L m'OS -- Wd /0 / -- 600*92/10 -- Px/â‚¬Â£28â‚¬X/*O\/ P//O feÂ·--91 3 021 Al 42