Loading...
HomeMy WebLinkAboutcoa.lu.co.400 w hopkins 0074.2009400 W. HOPKOINS AVE 0074.2009.ASLU 2735 12 4 50 012 AMENDMENT TO CONDO MAP v7o V JC I Y" THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0074. 2009 .ASLU 2735 124 50 012 400 W. HOPKINS AVE JENNIFER PHELAN CONDO MAP AMENDMENT ALAN RICHMAN 312.17.10 CLOSED BY ANGELA SCOREY ON: 04.07.11 "44610 Fax 3613 ,44# o, (o&u da 91612 ?V&wz/;7ax (970)920-1125 anuclyca�c�. Ket November 3, 2009 RECEIVED NOV 03 2009 Mr. Drew Alexander, Planner GI i Y OF ASPEN City of Aspen Community Development Department ;OMMUNITY DEVELOWT 130 South Galena Street Aspen, Colorado 81611 RE: SECOND AMENDMENT TO CONDOMINIUM MAP FOR SCOTT BUILDING Dear Drew, This is an application to amend the condominium map for the Scott Building, located at 400 West Hopkins Avenue (the corner of South Third Street and Hopkins Avenue). The property was originally described as Lots K through S, Block 38, City and Townsite of Aspen. The property was subdivided by the Aspen City Council in June, 1977 as the Scott Building Subdivision, which created eight (8) condominium units. The Final Plat and Condominium Map of the Scott Building Subdivision is recorded in Plat Book 6 at Page 13 of the Pitkin County Records. The first amended plat is recorded in Plat Book 14 at Page 34. The property is zoned R/MF (Residential/Multi-Family). This application is being submitted by Russell Scott III, Attorney -in -Fact for Ms. Mary Hugh Scott (hereinafter, "the applicant"), the owner of the property. Proof of the ownership of the property is provided by Exhibit #1, the commitment for title insurance. Authorization for Alan Richman Planning Services and Sarah Oates to represent the property owner for this application is provided by Exhibit #2. You provided us a Pre -Application Conference Summary (see Exhibit #3) which states that the following review procedures are required to condominiumize this property: Condom iniumization, pursuant to Section 26.480.090. The pre -application form and the referenced Code section list the required contents of an application for condominiumization. In response to these requirements, the applicant is hereby submitting the attached second amendment to the final plat and condominium map illustrating the proposed amendments to the condominium units. The plat conforms to the requirements of Sec. 26.480.090 B.1 of the Land Use Code. The certificate of conveyance on the plat lists the amendments that are being made to the condominium map, which can be summarized as follows: Mr. Drew Alexander November 3, 2009 Page Two 1. Units 6 and 7 are being combined into a single unit, to be known as Unit 6/7. 2. The actual locations of the walls comprising former limited common elements appurtenant to Units 5, 6, 7 and 8 are shown. These areas are to become a part of Unit 6/7. 3. The designations of the areas designated as "spa" and "study" have been modified such that they are being made a part of Unit 8. 4. The areas designated as "common space" is being confirmed to be a general common element. With respect to the first item listed above, I attach as Exhibit #4 a copy of a letter I wrote to Chris Bendon, the City of Aspen Community Development Director, dated August 6, 2009. That letter demonstrates that Units 6 and 7 have historically been occupied as a single dwelling unit. At no time were these units rented or leased and at no time were they occupied as separate dwelling units. Therefore, Chris confirmed that the provisions of Sec. 26.470.070.5 of the Code, Demolition or Redevelopment of Multi -Family Housing will not be triggered by the combination of these two units. Chris went on to recommend that an amended condominium map be filed to re -assemble the two units into one unit. This plat is being submitted to comply with that recommendation. I believe the above represents the materials required for the Community Development Department and the City Engineer to process this request. Please let me know if there is anything else you will need. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP EXHIBITS EXHIBIT #1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 15, 2009, at 7:30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: KEVIN KIRVIDA (b) A.L,T.A. Loan Order Number: 914826 Amount of Insurance $1,637,500.00 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: MARY HUGH SCOTT 5. The land referred to in this Commitment is described as follows: Condominium Units 6 and 7 SCOTT BUILDING SUBDIVISION, A CONDOMINIUM According to the Map thereof recorded in Plat Book 6 at Page 4 and in Plat Book 6 at Page 13 and First Amended Plat recorded in Plat Book 14 at Page 34 and as defined and described in the Condominium Declaration recorded July 7, 1972 in Book 331 at page 510 as Reception No. 195691 COUNTY OF PITKIN, STATE OF COLORADO Purported Address: 400 West Hopkins 6&7 Aspen, Colorado 81611 Statement of Charges: These charges are due and payable before a Policy can be issued: Standard Rate 2006 Owner's Policy: Owner's Extended Coverage: Tax Certificate: $3316.00 $150.00 $20.00 Order Number. 914820 ALTA Commitment (6/17/06) — Schedule A �SteWGY t Title Officer: Linda Williams title guaranty company Paget oft COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 914826 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. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 11. Reservations and exceptions contained in the Deeds recorded in Book 106 at Page 221 and 222 as follows: The full free and perpetual right to dig, work, search for mine and remove all ore and mineral bearing rock and earth underneath subject property, as to Lots Q and S, Block 38, City of Aspen. 12. Terms, conditions, obligations and restrictions as set forth in letter from the City of Aspen Order Number: 914820 ALTA Commitment (6/17/06)— Schedulc B 2 Pagc I of 2 [stewart title guaranty company recorded September 14, 1976 in Book 316 at Page 593 as Reception No. 186381. 13. Terms, conditions and restrictions as set forth in Deed recorded August 22 1962 in Book 198 at Page 598 as Reception No. 113897, and in Amended Covenant recorded February 22, 1972 in Book 261 at Page 507 as Reception No. 150093, and in Approval recorded March 9, 1972 in Book 261 at Page 866 as Reception No.150383, 14. Condominium Declaration for Scott Building Condominiums recorded July 7, 1977 in Book 331 at Page 510 as Reception No. 195691. 15. All matters as shown and depicted on the Plat for Scott Building Condominiums recorded in Plat recorded in Plat Book 6 at Page 4 August 8, 1977 in Plat Book 6 at Page 13 as Reception No. 196457 and Amended Plat recorded February 4, 1983 in Plat Book 14 at Page 34 as Reception No, 248710. 16. Any and all leases and tenancies. Order Number: 914826E_§tee /� /� Al_TA Commilmcnt (G/17/OG) - Schedule D 2 V V Page 2 of 2 title guaranty company EXHIBIT #2 RUSSELL SCOTT III & COMPANY, LLC E�l August 31,2009 Mr. Drew Alexander, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: AMENDMENT TO CONDOMINIUM MAP FOR SCOTT BUILDING Dear Mr. Alexander, We hereby authorize Alan Richman Planning Services and Sarah Oates to act as our designated representatives with respect to the land use application being submitted to your office for an amendment to the condominium map for the Scott Building, located at 400 West Hopkins Avenue. Mr. Richman and Ms. Oates are authorized to submit an application for condominium ization. They are also authorized to represent us in meetings with staff and the applicable decision -making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. In addition please carbon copy all correspondence to these respective emails Rusty(a-),rs3co.com and Gwen a.rs3co.com. Thanks. Sincerely, / a Russell Scott III Attorney -In -Fact for Ms. Mary Hugh Scott 303 783 1231 o 303808 2715c 5420 So. Quebec Street, Suite 200 • Greenwood Village, CO 80111 • 303-783-1231 • Fax: 303-783-1211 EXHIBIT #3 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429-2739 DATE: 08/28/09 PROJECT: 400 W. Hopkins Avenue APPLICANT: Mary Hugh Scott REPRESENTATIVE: Sarah Oates, 970-920-1700 TYPE OF APPLICATION: Amendment to Condominium Map, Condominiumization DESCRIPTION: The prospective Applicant would like to combine two existing condos in the property located at 400 W. Hopkins Avenue. This pre-app summary is specifically for the condominium map amendment required by the combination of units along with a proposal to remove an LCE that is currently shared by Units 5, 6, and 7. The LCE would become part of the ownership for the combined units. This type of review is administrative and no public hearing is required. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Staff for complete application - Community Development Director for Condominiumization Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: = Total Deposit for review of application. a Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. = 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. Proof of ownership. 0 Completed Land Use Application. 0 Signed fee agreement. Pre -application Conference Summary. 0 An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. Proposed condominium plat. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 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. �CaCi �ic�icscacc EXHIBIT #4 w Fax 3613 ,4jAe.a, eolaca a'a 81612 August 6, 2009 (970)920-1125 a4ze4oca.0t@ . Kr Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: SCOTT BUILDING CONDOMINIUM UNITS 6 & 7 Dear Chris, Thank you for agreeing to meet with me to discuss units 6 & 7 of the Scott Building Condominiums. I represent Mary Hugh Scott and her two sons, who are the owners of the subject units. The family recently entered into a contract to sell units 6 & 7 to an individual who intends to substantially remodel the two units and to occupy them a single dwelling unit. My clients are seeking a determination of whether the purchaser's proposed remodel will trigger the provisions of Section 26.470.070.5 of the Land Use Code, Demolition or Redevelopment of Multi -Family Housing, and require the provision of affordable housing. Following is some background information to help you to make this determination. 1. The Scott Building is located at 400 West Hopkins (corner of West Hopkins and Third Street). 2. The Scott Building Subdivision was approved by the City Council in June, 1977. The subdivision split the existing building into eight (8) condominium units. A subdivision agreement documenting the subdivision approval is recorded in Book 333 at Page 118 of the Pitkin County Records. 3. The original occupants of Unit 6 (a two bedroom unit) were Rusty and Joe Scott, Ms. Scott's sons. Unit 7 (a studio unit that does not contain a kitchen) was used as a guest bedroom for the family at this time. 4. In July, 1982 the Scott family sold units 4, 6, 7 and 8 to the Robert Franks Trust. Mr. Franks occupied units 4 & 8 (the top floor) as a single dwelling while his sisters occupied units 6 & 7 (the middle floor) as a single dwelling. The property was occupied by them as a vacation home/second home. My clients have informed me that neither Mr. Franks nor his sisters worked in Aspen or would qualify as "working residents" of Aspen. Mr. Chris Bendon August 6, 2009 Page Two 5. In August, 1992 and April, 1993 Ms. Scott re -purchased units 4 & 8 and units 6 & 7, respectively. Ms. Scott initiated an extensive remodel of units 4 & 8. In 1994, Ms. Kerstin Wynn moved into units 6 & 7. Ms. Wynn receives a salary to be a "companion" to Ms. Scott. She has no specific job duties other than to travel abroad with Ms. Scott. So, in summary, condominium units 6 & 7 have historically been occupied as a single dwelling unit. The units provided bedrooms for the Scott brothers and guests of the family, then were occupied by the Franks sisters, and are currently occupied by Ms. Wynn. At no time were these units ever rented or leased and at no time were they occupied as separate dwelling units. Considering this information, I would ask you to confirm that the proposed remodel of the condominium units as a single dwelling will not trigger the provisions of Sec. 26.470.070.5 of the Land Use Code, Demolition or Redevelopment of Multi -Family Housing. Therefore, no affordable housing will be required as a condition of said remodel. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP 1 confirm that because you have demonstrated that Scott Building Condominium Units # 6 and #7 have historically been occupied as a single dwelling unit and were not rented or leased to working residents of Aspen, the proposed remodel of the condominium units as a single dwelling will not trigger the provisions of Sec. 26.470.070.5 of the Land Use Code, Demolition or Redevelopment of Multi -Family Housing. Therefore, no affordable housing will be required as a condition of said remodel. / yw Chris Bendon Yay- file at, awevw a Community Development Director &4v1 vPm;ntur pled 7b %assc. b4e HV, Get► /5 �n� arse C411f . _ekik, CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Russell Scott III Attorney -In -Fact for Ms. Mary Hugh Scott (hereinafter APPLICANT) AGREE AS FOLLOWS: RECEIVED 1. APPLICANT has submitted to CITY an application for NOV 0 3 2009 Condominium Map Amendment for Scott Building (hereinafter, THE PROJECT). 1r• m0fa ;LN WMTY DENYLOPKNT 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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, APPLICANT shall pay an initial deposit in the amount of $735 which 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 periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT By. �-- Date: 0 Billing Address and Telephone Number: 5420 S. Quebec Street, Suite 200 Greenwood Village, CO 80111 303-783-1231 :or or i?Cvacz 1D 2-735--(2--Lt 50-D(2 00'? (f • 2009 • 74,S L-" J L J_qJ Main Valuation I Custom Fields 1 Actions I Fees Parcels Fee Summary Sub Permits Attachments Routing Status I Routing 1 i Permit Type aslu — Aspen Land Use Permit 0074,2009,ASLU Address 1400 W HOPKINS AVE ] Apt(Suite 16&7 g City JA5PEN State CO Zip 61611 J X Permit Information _ Master Permit Routing Queue Jaslu07 Project Status pending Description AMENDMENT TO CONDOMINUIMN MAP Submitted ALAN RICHMAN Owner Ic Last Name SCOTT MARY HUGH 9 21 Phone Wo Owner Is Applicant? Clock Running Days Applied 11110312009 Approved I Issued F-J Final F Expires 1012912010 J J First Name 38 SUNSET DR CHERRY HILLS CO 80110 TU Applicant — Last Name SCOTT MARY HUGH J First Name 38 SUNSET DR Phone Cust 128706 J CHERRY HILLS CO 80110 Lender PP Last Name J First Name or 'i Phone --- CV C'�V4 /0 ( Z'111 �( SCALE 1'- 10' 0 10 20 VICINITY Y MAP SET LOT 1 LEGEND AND NOTES SECOND AMENDED IF I.NAIL d�YJL PLAT AND CONDOMINIUM A P OF THE E SCOTT BUILDING SUBDIVISION o £ PARK I NG I I II w a L.C.E. 6/7 L.C.E. 6/7 L.C.E. 8/7I L.C.E. 4 L.C.E. 5 I L.C.E. 5 IL.C.E. 5 O p 2 3 4 5 Lu ET S 75'09'II'E 60.01' 10' WIDE ACCESS AN O UNDERGROUND ELECTRIC ND COMMUNICATION EASE MEN ELECTRIC AND COMMUNICATION EASEMENT G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT FOUND YELLOW 12707 BASIS OF BEARINGS ARE FOUND CITY MONUMENTS ON THE NORTHWEST CORNER AND NORTHEAST CORNER OF BLOCK 38. BEARING BEING S 75'09'11' E. TITLE INFORMATION FURNISHED BY: STEWART TITLE. ASPEN DIVISION ORDER NUMBER: 914826 DATE: JULY 15. 2009 (1) ALLOCATED INTEREST OF UNIT 6/7 IN THE GENERAL COMMON ELEMENT IS 12.959%. (2) ALLOCATED INTEREST IN UNIT 8 REMAINS UNCHANGED. (3) THE AREA SHOWN AS COMMON SPACE IS CONFIRMED AS A GENERAL COMMON ELEMENT. (4) THIS SECOND AMENDED FINAL PLAT AND CONDOMINIUM MAP OF SCOTT BUILDING SUBDIVISION AMENDED THE FINAL PLAT AND CONDOMINIUM MAP OF THE SCOTT BUILDING SUBDIVISION AND FIRST AMENDED FINAL PLAT AND CONDOMINIUM MAP OF THE SCOTT BUILDING SUBDIVISION ONLY IN RESPECT OF MATTERS RELATIVE TO UNIT 6/7 AND UNIT 8 AS PROVIDED IN THE CONDOMINIUM ASSOCIATION CERTIFICATE AND CONVEYANCE HEREIN CONTAINED. b SET RE -BAR WITH CAP 25947 FOUND RE -BAR AND CAP WOOD FENCE LINE METAL FENCE LINE NOTI ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTT BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFT YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BAS UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEAR FROM THE DATE OF THE CERTIFICATION SHOWN HEREON, THE CERT FICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SU R. COMMON SPACE G.C.E. 0o 0 0 4801 Sc- V � SCOTT BUILDING SUBDIVISION ACCORDING TO THE MAP THEREOF RECORDED IN PLAT BOOK 6 AT PAGE 4 AND RERECORDED IN PLAT BOOK 6 AT PAGE 13 AND FIRST AMENDED PLAT RECORDED IN PLAT BOOK 14 AT PAGE 34 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED JULY 7. 1972 IN BOOK 331 AT PAGE 510 AS RECEPTION NO. 195691. COUNTY OF PITKIN. STATE OF COLORADO ALLEY BLOCK 38 R.O.W. 21.01' PAYED S 75'09'II'E 180.04 PA KING CONC DRIVEI I. I L.C.E. 8 L.C.E. 11 L.C.E. 11 L.C.E. I I L.C.E. 3 I L.C.E. 21 L.C.E. 21 8 9 1101 III 12I13I14I� c� 31.1 0 I I COW. WALK GA AGE I I L.C.E. UNIT 8 w CIA0 o m h o 11 J < Co 0 o m 2 1/2 STORY WOOD AND MASONRY BUILDING J > r n •� z °D i r 0 0 2 WINDOW WELL SET/ N 75'09'II-W 180.04 WEST HOPKINS R.O.W. 75.00' PLANTER o...............: N 1.8 0 0 zO s 0 J m ml O CONC AVENUE 18.3 ,a - g.7 BALCONY PATIO LOT 2 ''; . 203 SF 120.03' CONC FOUND •X' IN CONCRETE SET Y 3 z z 0 U 0 z CERTIFICATE AND CONVEYANCE THIS SECOND AMENDED FINAL PLAT AND CONDOMINIUM MAP OF THE SCOTT BUILDING SUBDIVISION (ORIGINALLY FILED FOR RECORD IN PLAT BOOK 6 AT PAGE 4. RE RECORDED AT PLAT BOOK 6 AT PAGE 13. AND THE FIRST AMENDED PLAT IN PLAT BOOK 14 AT PAGE 34 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO) IS MADE FOR THE PURPOSE OF SHOWING THE ACTUAL LOCATION OF THE WALLS COMPRISING THE AREA PREVIOUSLY DESIGNATED AS LIMITED COMMON ELEMENT. NOW A PART OF UNIT 6/7 APPROVING THE COMBINATION OF THE SAME INTO A SINGLE UNT. UNIT 6/7. MODIFYING THE DESIGNATION OF THE WALL BETWEEN UNIT 6/7 SO THAT IT IS NO LONGER GENERAL COMMON ELEMENT, MODIFYING THE DESIGNATION OF CERTAIN AREAS DESIGNATED AS LIMITED COMMON ELEMENT FOR UNIT 8. NOW A PART OF UNIT 8 AND CONFIRMING CERTAIN COMMON SPACE TO BE A GENERAL COMMON ELEMENT. BY THIS CERTIFICATE. THE SCOTT BUILDING CORPORATION. PURSUANT TO THE AUTHORITY GRANTED BY THE VOTE OF THE OWNERS OF AT LEAST SIXTY SEVEN PERCENT IN THE INTEREST IN THE COMMON ELEMENTS AND THE UNANIMOUS VOTE OF THE INTEREST IN THE AFFECTED APPURTENANT LIMITED COMMON ELEMENTS AT A SPECIAL MEETING OF SCOTT BUILDING CONDOMINIUMS CORPORATION HELD ON NOVEMBER 6. 2009. PURUUANT TO THE DECLARATION AND 38-33.3.217(B)(III OF THE COLORADO COMMON INTEREST COMMUNITY ACT THIS AMENDMENT IS APPROVED OR DEEMED APPROVED BY ONE HUNDRED PRECENT OF THE MORTGAGEES. AND AS PERMITTED BY 38-33.3-312 OF THE COLORADO COMMON INTEREST COMMUNITY ACT. HEREBY OUIT CLAIMS AND CONVEYS THE AREAS SHOWN HEREON TO THE PRESENT FEE SIMPLE OWNER OF SAID UNIT 6 / 7 TO BE PART THEREOF. THE AREAS SHOWN HEREON AS SPA AND STUDY WHICH WERE FORMERLY LIMITED COMMON ELEMENTS APPURTENANT TO UNIT 8. HENCEFORTH TO BE PART OF UNIT 8. AND CONFIRMS THAT THE COMMON SPACE SHOWN HEREON IS A GENERAL COMMON ELEMENT. SCOTT BUILDING CONDOMINIUMS CORPORATION MARY HUGH SCOTT. PRESIDENT BY RUSSELL SCOTT II, as her attorney in fact STATE OF COLORADO I I cc COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE AND CONVEYANCE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2009. BY MARY HUGH SCOTT. PRESIDENT BY RUSSELL SCOTT II, as her attorney in fact WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC SURVEYORS CERTIFICATE THE UNDERSIGNED. A LICENSED COLORADO LAND SURVEYOR. HEREBY CERTIFIES THAT THIS SECOND AMENDED FINAL PLAT AND CONDOMINIUM rON'Ibb� MAP OF THE SCOTT BUILDING SUBDIVISION WAS PREPARED BY ME BASED THIS A SURVEY PERFORMED OF EXISTING CONDITIONS. AMENDMENT CORRECTLY SHOWS THE LOCATION OF THE COMMON SPACE GENERAL ) COMMON ELEMENTS. AREAS TO BE COMBINED FROM UNIT 6 AND 7 INTO UN T 6 / 7. AREAS ADDED THERETO FROM LIMITED COMMON ELEMENTS APPURTENANT TO UNITS 5. 6. 7 & 8. AND AREAS ADDED AS A PART OF UNI FORMERLY LIMITED COMMON ELEMENTS APPURENANT TO 'UNIT 8. ASPEN SURVEY ENGINEERS. !NC. JOHN HOWORTH. PLS 25947 TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF STEWART 'ITLE ASPEN DIVISION. REGULARLY DOING BUSINESS IN PITKIN COUNT'. COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THISAMENDED PLAT AND CONDOMINIUM MAP DO HOLD FEE TSECOND SIMPLE TLE TO HE AFFECTED REAL PROPERTY. UNITS 5. 6. 7 d 8. FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES OF RECORD. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS SECOND AMENDED PLAT AND CONDOMINIUM MAP ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE ASPEN DIVISION. NETHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGA'ION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN STEWART TITLE ASPEN DIVISION 620 E. HOPKINS AVE. ASPEN. CO 8611 ac for ate -art gibe STATE OF COLORADO ) cc COUNTY OF PITKIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2009. AS FOR STEWART TITLE ASPEN DIVISION NOTARY PUBLIC THIS SECOND AMENDMENT TO SCOTT BUILDING SUBDIVISION FINAL PLAT AND CONDOMINIUM MAP IS HEREBY ADMINISTRATIVELY APPROVED BY THE UNDERSIGNED DIRECTOR OF THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT PURSUANT TO 26.480.090 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT BY: CHRIS BENDON. DIRECTOR CITY OF ASPEN ENGINEER'S APPROVAL THIS MAP IS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN. COLORADO. SIGNED THIS _ DAY OF 2009. TRICLA ARAGON. CITY ENGINEER CLERK AND RECORDER'S CERTIFICATE THIS MAP IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO THIS DAY OF . 2009, IN PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER PITKIN COUNTY. COLORADO NS6. qq . /6S J J> SECTION CORNER 12 7 13 18 PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN. COLORADO 81611 PHONE/FAX (970) 925-3816 S H E E T 1 0 1L' 2 DATE JOB II/09 39239A A N D SECOND AMENDED FINAL PLAT CERTIFICATE AND CONVEYANCE TH I S SECOND AMENDED FINAL PLAT AND CONDOM I UM MAP OF THE OTT NGINALLY ' ® ® MAP ® THE BULDING SUBDIVISION (ORIGINALLY FILED FOR RECORD IN PLAT BOOK 6 AT JSJ/ A Y1L �L A 11 0./ d Y11 �i ll 11 ll 1G PAGE 4. RE -RECORDED AT PLAT BOOK 6 AT PAGE 13. AND THE FIRST AMENDED PLAT IN PLAT BOOK 14 AT PAGE 34 OF THE REAL ESTATE RECORDS ® ® 1� 4 BUILDING SUBDIVHS PITKIN COUNTY. COLORADO)IS MADE FOR THE PURPOSE OF SHOWING TH THE ACTUAL LOCATION OF THEHEWALLS COMPRISING THE AREA PREVIOUSLY DESIGNATED AS LIMITED COMMON ELEMENT. NOW A PART OF UNIT 6/7. APPROVNG THE COMBINATION OF THE SAME INTO A SINGLE UNIT, UNIT 6/7. MODIFYING THE DESIGNATION OF THE WALL BETWEEN UNIT 6/7 SO THAT IT IS NO LONGER GENERAL COMMON ELEMENT. MODIFYING THE DESIGNATION OF CERTAIN AREAS DESIGNATED AS LIMITED COMMON ELEMENT FOR UNIT 8. SCOTT BUILDING SUBDIVISION NOW A PART OF UNIT 8 AND CONFIRMING CERTAIN COMMON SPACE TO BE A ACCORDING TO THE MAP THEREOF RECORDED IN PLAT BOOK 6 AT PAGE 4 AND GENERAL COMMON ELEMENT. BY THIS CERTIFICATE. THE SCOTT BUILDING RERECORDED IN PLAT BOOK 6 AT PAGE 13 AND FIRST AMENDED PLAT RECORDED IN PLAT BOOK CORPORATION. PURSUANT TO THE AUTHORITY GRANTED BY THE VOTE OF 14 AT PAGE 34 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM THE OWNERS OF AT LEAST SIXTY SEVEN PERCENT IN THE INTEREST IN THE SCALE 1'- 10' DECLARATION RECORDED JULY 7. 1972 IN BOOK 331 AT PAGE 510 AS COMMON ELEMENTS AND THE UNANIMOUS VOTE OF THE INTEREST IN THE RECEPTION NO. 195691, AFFECTED APPURTENANT LIMITED COMMON ELEMENTS AT A SPECIAL MEETING OF SCOTT BUILDING CONDOMINIUMS CORPORATION HELD ON COUNTY OF PITKIN. STATE OF COLORADO NOVEMBER 6. 2009, PURUSANT TO THE DECLARATION AND 38-33.3.217(8)(11) OF THE COLORA60 COMMON INTEREST COMMUNITY ACT THIS AMENDMENT IS 0 10 20 APPROVED OR DEEMED APPROVED BY ONE HUNDRED PRECENT OF THE MORTGAGEES. AND AS PERMITTED BY 38-33.3-312 OF THE COLORADO COMMON INTEREST COMMUNITY ACT. HEREBY QUIT CLAIMS AND CONVEYS THE AREAS SHOWN HEREON TO THE PRESENT FEE SIMPLE OWNER OF SAID UNIT 6 / 7 TO BE PART THEREOF. THE AREAS SHOWN HEREON AS SPA AND STUDY WHICH WERE FORMERLY LIMITED COMMON ELEMENTS APPURTENANT TO UNIT 8. HENCEFORTH TO BE PART OF UNIT 8. AND CONFIRMS THAT THE COMMON SPACE SHOWN HEREON IS A GENERAL COMMON ELEMENT. SCOTT BUILDING CONDOMINIUMS CORPORATION MARY HUGH SCOTT. PRESIDENT BY RUSSELL SCOTT 11. as her attorney in fact STATE OF COLORADO ) ) is COUNTY OF PITKIN ) jf j L ® jjj 8 L Rj LOCK THE FOREGOING CERTIFICATE AND CONVEYANCE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2009• BY MARY HUGH fly ]j3 . SCOTT. PRESIDENT BY RUSSELL SCOTT I. as her attorney in fact R.O.W. 21.01' PAVED WITNESS MY NAND AND OFFICIAL SEAL. VICINITY M A � MY COMMISSION EXPIRES NOTARY PUBLIC d�u S 75'09 11"E 180.04 SET SET P ARK I G PAK I NG SURVEYOR'S CERTIFICATE Lu THE UNDERSIGNED. A LICENSED COLORADO LAND SURVEYOR. HEREBY > < L.C.E. 6/7 L.C.E. 6/7 L.C.E. 6/7 L.C.E. 4 L.C.E. CONC. DRIVE 5 L.C.E. 5 I.C.E. 5 L.C.E. 8 L.C.E. I L.C.E. L.C.E. L.C.E. w 3 L.C.E. 2 L.C.E. 2 CERTIFIES THAT THIS SECOND AMENDED FINAL PLAT AND CONDOMINIUM o u MAP OF THE SCOTT BUILDING SUBDIVISION WAS PREPARED BY ME BASED ON o U. w A SURVEY PERFORMED OF EXISTING CONDITIONS. THIS AMENDMENT 0 0 J 8 9 10 I I 0 12 13 14 CORRECTLY SHOWS THE LOCATION OF THE COMMON SPACE GENERAL COMMON ELEMENTS. AREAS TO BE COMBINED FROM UNIT 6 AND 7 INTO UNIT �w 6 / 7. AREAS ADDED THERETO FROM LIMITED COMMON ELEMENTS 31.1 5.0 APPURTENANT TO UNITS S. 6. 7 6 8, AND AREAS ADDED AS A PART OF UNIT 8. �% 3 4 FORMERLY LIMITED COMMON ELEMENTS APPURENANT TO UNIT 8. L ASPEN SURVEY ENGINEERS. INC. SET caNc. wALK SET S 75°09'I1'E 60.01' 6. 7 10.2 6.6 21.1 � JOHN HOWORTH. PLS 25947 GA AGE L.C.E. UNIT 8 TITLE CERT I F I CATS 0' WIDE ACCESS AN o UNDERGROUND ELECTRIC COMMUNICATION EASEMEN ND Lu ^ m THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF STEWART R 1=4 TITLE ASPEN DIVISION. REGULARLY DOING BUSINESS IN PITKIN COUNTY. COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS L > zo ON THIS SECOND AMENDED PLAT AND CONDOMINIUM MAP DO HOLD FEE 10' X 10' SIMPLE TITLE TO THE AFFECTED REAL PROPERTY. UNITS 5. 6. 7 & 8. FREE AND ELECTRIC AND COMMUNICATION u CLEAR OF ALL LIENS AND ENCUMBRANCES OF RECORD. ALTHOUGH WE EASEMENT < BELIEVE THE FACTS STATED ON THIS SECOND AMENDED PLAT AND a 0 m CONDOMINIUM MAP ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED ; 0 014 AS AN ABSTRACT OF TITLE NOR GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE ASPEN DIVISION. 2 1/2 STORY WC, -,LAND MASONRY BUILDING NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL cc OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED J � HEREIN. _ ^ nLu 0 m ; STEWART TITLE ASPEN DIVISION z � 3 620 E. HOPKINS AVE. 0 0 ASPEN. CO 81611 0 0 z - 3 .0 0 M : SIGNED as for Stewart Title m 0 gg 4.6 8.0 18.3 m m 8.2 w 3 STATE OF COLORADO ) ) d - 9.7 - p � is COUNTY OF PITKIN ) w � a1 COMMON SPACE .0; BALCONY THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS u 71 G C E v . 0 o m DAY OF 2009. AS _. FOR 0 o STEWART TITLE ASPEN DIVISION N 0 4801 SF N CONIC o er m - v m PLANTER - PATIO n NOTARY PUBLIC erg'+ LOT I Z n - - . . .......- xEiAINING WALL n N THIS SECOND AMENDMENT TO SCOTT BUILDING SUBDIVISION FINAL PLAT AND CONDOMINIUM MAP IS HEREBY ADMINISTRATIVELY APPROVED BY THE - UNDERSIGNED DIRECTOR OF THE CITY OF ASPEN COMMUNITY L O T 2 DEVELOPMENT DEPARTMENT PURSUANT TO 26.480.090 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN. 178- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 13.203SF > > BY: 000 0 CHRIS BENDON. DIRECTOR o ? m CITY OF ASPEN ENGINEER'S APPROVAL a0.1• 3 THIS MAP IS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN. 0 Z COLORADO. SIGNED THIS DAY OF 2009. 0 0 _ M 0.p 6.3 u TRICIA ARAGON. CITY ENGINEER WIH OW WELL CLERK AND RECORDER'S CERTIFICATE LEGEND AND NOTES BACDNY A CONC THIS MAP IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO THIS DAY OF . 2009. IN PLAT BOOK AT PAGE AS RECEPTION NUMBER 60.01' 120.03' G.C.E. GENERAL COMMON ELEMENT we FOUND YELLOW 12707 SET N 75°09'11"W 180.04 CLERK AND RECORDER L.C.E. LIMITED COMMON ELEMENT PITKIN COUNTY. COLORADO BASIS OF BEARINGS ARE FOUND CITY MONUMENTS ON THE NORTHWEST FOUND 'X" IN CONCRETE CORNER AND NORTHEAST CORNER.OF BLOCK 38. BEARING BEING S 75°09'11' E. TITLE INFORMATION FURNISHED BY: WEST H ® P K I N S AVENUE NS6°44 STEWART TITLE. ASPEN DIVISION R.O.W. 75.00' ORDER NUMBER: 914826 DATE: JULY 15. 2009 /6S 3 (1) ALLOCATED INTEREST OF UNIT 6/7 IN THE GENERAL COMMON ELEMENT IS 12.959%. (2) ALLOCATED INTEREST IN UNIT 8 REMAINS UNCHANGED. (3) THE AREA SHOWN AS COMMON SPACE IS CONFIRMED AS A GENERAL COMMON ELEMENT. (4) THIS SECOND AMENDED FINAL PLAT AND CONDOMINIUM MAP OF SCOTT BUILDING SUBDIVISION AMENDED THE FINAL PLAT AND CONDOMINIUM MAP OF THE SCOTT BUILDING SECTION CORNER SUBDIVISION AND FIRST AMENDED FINAL PLAT AND CONDOMINIUM MAP OF THE SCOTT BUILDING SUBDIVISION ONLY IN RESPECT OF MATTERS RELATIVE TO UNIT 6/7 AND 12 7 UNIT 8 AS PROVIDED IN THE CONDOMINIUM ASSOCIATION CERTIFICATE AND 13 l8 CONVEYANCE HEREIN CONTAINED. PREPARED BY d SET RE -BAR WITH CAP 25947 FOUND RE -BAR AND CAP ASPEN SURVEY ENGINEERS I NC . 1� i- WOOD FENCE LINE 210 SOUTH GALENA STREET � METAL FENCE LINE ASPEN. COLORADO 81611 NOT! ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTT BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS PHONE/FAX (970) 925-3816 AFT E YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASE UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN DATE JOB YEAR FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE �° ]j 7� -H ¶ F CERT rICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE S E E 1l II/09 39239A SURV OR.