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Home My WebLink AboutLand Use Case.617 N 4th St.0037.2010.ASLU0037.2010.ASLU 617 N FOURTH ST 6(1 0 414 4/ 2735 121 23 001 SUBDIVISON EXEMPTION XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX C.- ... 1 -'. - 4 I . 4 ' U 7 ' -'I . . ... . 1....... 1' . 4 t . _.- --Â· -uY.~'- -F-/ -I -- I -*74~41';9.- 11-0.,1 - I Lar ~ 3.-1 - 3-3*..~2*-.a# ~:*. .. THE CITY OF AspEN City of Aspen Community Development Department CASE NUMBER 0037.2010.ASLU PARCEL ID NUMBERS 2735121 23 001 PROJECTS ADDRESS 617 N FOURTH ST PLANNER BEN GAGNON CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE DAVIS/ HORN DATE OF FINAL ACTION 09.21.10 CLOSED BY ANGELA SCOREY ON: 12.28.11 .. 27 3 9 12-1 13 001 0 031, 1010. 4% Ul '91 L '50 Elle BIR Record Navigata F,m Repo* Format Tab Belp 1 '4,)(4 ,/44~iRIG-LdedÂ·~IN 4, rjoililumpl :*~iOIG~ i 9 6 -+3~C, @~ Iae 6 3 3 J ./i.._@(9% )9 90 Routing Status | Feet Fee Swnme 14E Â¥tions Attachments Routing History I *ation Arch/Eng ~Custom Fields 5ub Eermits 1 Parcels I Permit type aslu [Aspen Land Use Permt # 0037,2010.ASLU - 6 :I '- Address 617 N FOURTH ST Apt/5ute | ,L- ay ~ASPEN ~tato F-1 20 81611 Permit Information Master permit | Routhg queue |aslu07 Applied 7/9/2010 Project ~ Status ~pending Approved DescriÂ®on SUBDIVISION EXCEMPTION Â· CONDOMINUMIZATION Issued | Final Submitted |DAVIS HORN, INC 925 6587 Clock ~EIZI] Days [-31 Expires 7Mj2011 Submitted via v ~1 Owner Last name ARD PROPERTY DEV, LLC First name HOPE & HOWARD | 1453 FLAT ROCK RD NARBERTH PA 19072 Phone (610) 574-6600 Address Applicant @ Owner is applient? O Contractor is applicant? Last name |HOPEWARD PROPERTY DE' Ftst name HOPE & HOWARD | 1453 FLAT ROCK RD NARBERTH PA 19072 Phone (610) 574-6600 Cust # 28845 Address Lender Last name ~ First name I Phone |C )- ~ Address i-~, ._ _~~,_~---.-4,_---~...*.allAspenGold5[smfumgelas ~IIIklailuâ€ž. - ~k- % /07 3 13'0 - 60 44+ 09 El ~ *moN'Pln~| *'10~I *dr'O'g qell .... .. 0037.2010.ASLU 617 N. Fourth St. Subdivision Exemption First Amended Condo Plat (Rome-Gik) Note to file: The amended plat was reviewed. approved and signed by relevant parties and recorded in the Pitkin County Clerk and Recorder s Office on September 21.2010. at Book 94, Page 59. Reception No. 573686. /1 / V U Ben Gagnon Special Projects Planner City of Aspen Community 0evelopment Dept. .. Davis Horn*- PLANNING & REAL ESTATE CONSULTING July 8.2010 RECEIVED Jennifer Phelan JUL 0 9 2010 Aspen Community Development Department CITY OF ASPEN 130 South Galena Street COMMUNITY DEV&OPMENT Aspen. CO. 81611 RE: Amendment to an Existing Condominium Plat for a Duplex at 617 North Fourth Street- ROME-GIK Condominums Units 1 and 2, Aspen CO. (PID# 2735 121 23 001) Dear Jennifer: Davis Ilorn Incorporated represents Hopeward Property Development LLC (Hope Lefeber and Howard Kessler- hereinafter referred to as the applicant) in this land use application. Hopeward Property Development LLC owns Unit 1 in the two unit duplex condominium known as the ROME-GIK Condominiums at 617 North Fourth Street in the City of Aspen. Unit 2 is owned by Gilbert T. Vanderaa III and Emily Kolbe. Several additions to the two ROME-GIK Condominiums have been made over the years since the units were first condominiumized in 1972. A substantial remodeling of Unit 1 was recently completed. This request is to approve amendments to the recorded condominium plat to reflect the additions made over the years, to further clarify the Limited Common Elements (LCEs) and General Common Elements (GCEs), to document that the maximum allowed floor area for the lot is to be divided equally between the two units and to record these amendments on an updated condominium plat. Please refer to Attachment 1, a vicinity map showing the location of the duplex condominium, Attachment 2, the approved and recorded Condominium Map of the ROME-GIK Condominium from 1972 and Attachment 3, the proposed updated First Amended Condominium Map of the ROME-GIK Condominiums. Please also refer to Attachment 4, the pre-application conference summary for this request. As shown in the summary, two sections of the City of Aspen Land Use Regulations are to be addressed. Section 26.304 Common Development Review Procedures (as applicable) and Section 26.480.090 Condominiumization. Section 26.304 addresses the requirements of a land use application including plat requirements and submission requirements. All of the applicable requirements have been met for this application. The First Amended Condominium Map is found in Attachment 3. This plat meets all the necessary and applicable Code requirements. Section 24.480.090 entitled Condominiumization, includes information on the general purpose of condominiumization and the procedures for obtaining approval. The procedures include the details o f the contents of an application, the plat and recordation requirements. The proposed First Amended Condominium Map of the ROME-GIK Condominiums meets these requirements. If approved, the plat will be recorded within 180 days of approval as required. ALICE DAVIS AICP $ GLENN HORN AICP 215 SOUTH MONARCH ST. â€¢ SUITE 104 â€¢ ASPEN, COLORADO 81611 â€¢ 970/925-6587 Â· FAX: 970/925-5180 adavis@rof.net ghorn@rof.net k , .. Section 26.480.090 also addresses a Subdivision Agreement. This section states: "No subdivision agreement need be prepared or entered into between the applicant and the city pursuant to a condominium or condominiumization approval unless the Community Development Director determines such an agreement is necessary." The applicant does not believe that this small two unit condominium needs a subdivision agreement. The Condominium Declaration for the ROME-GIK Condominiums is found in Attachment 5. This document was approved and recorded in 1977 and has been sufficient for the two unit complex over the years. The Declaration has adequately served the needs of the various owners over the years. The proposed condominium plat amendment will further clarify the General Common Elements (OCIEs) and Limited Common Elements (LCEs) as they have evolved over the life of the condominium and will clarify that the allowed floor area is divided equally between the two units. Hopeward Property Development LLC is refinancing the mortgage on Unit 1 and an updated recorded condominium plat is a requirement o f the loan. As shown in the fee agreement, the applicant and owners of Unit 1, Hopeward Property Development LLC. will pay the land use application fee and any costs incurred for the land use approval. Gilbert T. Vanderaa III and Emily Kolbe. the owners of Unit 2 in the ROME-GIK Condominiums, will not pay any costs associated with this land use application. The following attachments are included with this application: Attachment 1: Vicinity Map; Attachment 2: Condominium Map of ROME-GIK Condominiums from 1972; Attachment 3: Proposed First Amended Condominium Map of ROME GIK Condominiums; Attachment 4: Pre-application Conference Summary: Attachment 5: Condominium Declaration for the ROME-GIK Condominiums from 1977; Attachment 6: Agreement for Payment of Lnad Use Application Fees; Attachment 7: Letter Authorizing Davis Horn Inc to represent the owners in this review; and Attachment 8: Proof of Ownership. Please call if you have any questions or if we have neglected to address any of your concerns. Thank you for your assistance with this application. Sincerely. DAVIS HORN INCORPORATED GLENN HORN AICP Aritack kent 41-1 V id ni.Â¢, fna p RED MOUNTAIN ASPEN, COLORADO DR41. 4 12 40 0 noo f AWN,3 or ATU Al.. I. .ULÂ»CAD I . W <-4 - t-9? 0 4 n." 4. le, 2 -Epexi /44 WAY Im 1 kOIT *XE N * I - â€¢ vT, c-uâ€¢cos -eâ€¢ 1 6'Ty MIC" TIA i $ 190 Acâ€¢â€¢T Crkr 71 - 1* T h/Â»*09 â€¢ U. 11 ,(, a AS,VEâ€¢ AU--RTT, ASPEN INETITUTE 4 4.IÂ·-lt A.0-Â» 06.09 i 1 â€¢ro 11= 7 cz â€¢ ri r $ RED 'UTTE TOR.ar , F K 9-- 1 L 'Rr C...TE" C . HOWESTAKE ,/ 4Â¥f. I -4 SUâ€¢â€¢01 , I 2-7 Lt I,ADâ€¢*A NN , A- a >3 'EPIE ,t .1/*74â‚¬4.- V. 49 AN or h KIN /9 L ,1. 'AU LER St ; N + 9 -4 s 5r, ~ E E.HALL~DA E BL E . . ASPEN ciwiTE,r W OPK IS AW q P E HOP INS ~ 0 0 ,Â¢?LÂ·,~~â‚¬*~ E. HYM N -4 - --- ir W. ER ~ A' 0 -u rr BL r-:.UL!95%~h ' \& 1** 82 ' . Iâ€¢.6 0 Â£. . 4 82 24'7 q9---- 41. ' lE W. ~ 1 --*.. A \ J i n 1 k n 1 er Yl 1-\ --ID rE b DE H \ 0 .n 44 1 H 214%31 9 1 M | MIVA L, . I /8 NK- T 4 (U .1, 1,3 A..7.- - A< \ 4 A- IGI AL . eoot 5 .AGE 62 ce .1.DÂ®MEÂ¥12-29'E M [ E E.Â®mIDÂ®3~BENMEN/5 44(achmend- 2. . 07Â¥9[ ERS â‚¬EmÂ¥.Fle.Â¥E 1 \NE , i.>ALE MA,J 40 mEVER.1 tv-ARS As OWNERS 0/ WEREBY CEÂ·ri/Y TIIAT 741% PLAT 0/ -IHE ROMIE-Ojt CONOOM 1NIUM HAS BEEN PRIPARED J DITE-O 147 " DA>r 05 +Â·30Â«i . 191- , ANO RECOR/ED 1/ BOOK -9&/' AT PIAGE_222 poRSANT 70 TUE pUBPOSES 91*rEp â„¢' 1-UE CONDOM,wUM DECL.06.-nON VOR SAIC> CONDOMIKAL):vÂ·,5 OF -ul- RECOROS OV -TRE CLEAk< ANO RECORDECZ OU -TUE COINTY OF PITA, w . STITE of COLDeÂ©O - 1 ./ 4 4 -6Â¢~/14 , /*/3,1,Â«2 ! DALE NAARS i BLOCk 99 .. . A I t.'Â· ' Â·<' i'trq.0 + F -/ -F DEVERLY 14/RS ---- 350 . f-, STAT L OV COLORA/O 1 2 SS - 1 .5.el ' IkE FOREGOING OWNERS CERTEFLCATE \A/45 ACKNOWLEDGED BE-/ORE ME- 76425 ~ 191 -2. . . DAY OF 1 1 24>:t ik. .90 0... 4.- 12#2%.i......1 6.-ft - ,4 AS O./...8 OF- i i \NENESS M. Waki. A/Q OFC-ICAL. SEAL ~ Â· MY COMMISSION EXPIRE.S G; .- . 1 '~ ' Ne qe ' 1 47*: :* I ./ .p 1 - 3% .I &,07) lit - D.dfA R. PUBL i c 1 28 iT----Ull ; G C.E C , N\T -1, _ 51JmVEÂ¥Â«Bm'S <EN'YllfbYILmalrE -1 T iNG*.4 4 , ' 1 GERARD H PESMAN A COLORADO REGISTRED Pâ‚¬OFEÂ·'5â€¢SlokaaL 6/GINEER 4/0 64/0 SURVEÂ¥[DR , 1 , 21 I i WERIBY Câ‚¬/TI FY AS COLLO,VS 1,4 pae. Â¥ MN 1976Â· 9-1-1. A SURVEY VIAS MADE UNDER MY DIRECTION UNVt I , GO E O*Rl i AND SUPERviliON OC -[WE 30Jrw 5'5 Fr @F TIC NiC*TH US F.1 0~ ~OTS E-20 AD<Cl< 99 WAL-,AMI ADD (SEE E.klibiT AJ 1 HON.2 EN-YARELY MITI,/ TNE 800//ARY LIâ€¢dES Or SAID A.eÂ©VE. DES(.AlaED //OPE/TY AS 9/Ovvk ON-r/,5 PLAT, luE 6 ' 3â‚¬muum 1 an.- 01Â®gu STATE Or COLORADO, Ar,O 0OID TIECEON A ONE- STORY IGAME UOUSE W/W / toll eASEMEÂ»T LOCATED f 1 1 . ~ 1 10 70 ME A. ACCURk/t.LY SWOM,/ Ok IMIS MAP AND TIE- rvIAP ACCURATELY ANC=, SUBSTANTiALLY DEPICTS TIC I 1 41 m LAXAT*ON AND luti. teR.Z.ONTAL 4/0 VWLIT:CAL MEASURNIECTS 0/ luâ‚¬. 2//luctul , TME- CONDOM,WIUM UN 11S 1-KIERI,u ~ . ,Â· Â· -17- 1 1 ~ 4 ANC) CE,LiNGS, AMO -r#,1.7 -1.#95 4,4P VIAS plepiell SUBSWQUE,/7 70 TUE CO{MPLETION O/ Til DEPICTED I.IO TRI UN,1 DES'Ca/AD.(3/5 --ME/EOF TUE /,MENS,Ok.5 Or 54,0 0,1 Ts Â£040 -VIE. ELEvAT,0/5 OF -TWE W.N,SWED WIC>ORS I , ~ -t 5 4 20 DISCI/BED A.lpiker,EME-k.TS CR lwE ABOVE DES='t,~ED REAL PROPEITY i $820 Â·52 â‚¬ 124.07 > i ; pÂ«TED TIÂ·4~S 11 -Ij W , 0 10 1 . 'AhJ JARY ,9-11, D .8. A Â·*-*C i i 6, 1 GECARD I PES.1.. COLO RADO REG\STE.FIO ,421:42-4 .4 . X-60'1/'Â·ME--PE- ME-rls ANG BOUNDS DC 5 3= OF N -19 05 LOTS *W i 5.-/1/ 99 -A-wa./75 ,.Do,T,ok, f..4 1/<,96 pes / . perESSIONAL EMGIVEER AND -ND SUAVENOR 23-\G I&[EGIERHID ENTÂ®UENS I BEGIâ€¢â„¢iNa Wr â€¢4 POINT ON T,Â·E evâ€¢ST L~Nk OC ._0'r .10 4 IVUE-â€žCE 7.#E- SE -'kE;E -07 20 5/All %00-7., 1, 1,8 7r / VOUID 50//EY â€¢,106â€¢k. ~~ I 2 -twl %*2 120' 0/ 9*PI k.Â£94 5--C .2 82&29 52/DQ F_ 96 :6 G FOUND a.M 8'A55 C.Al * 1 I SE'r O. /00:0 2OOkle 'EAD SP+IE 1 \ ' T.INCE. .UCITâ€¢Â·1 STATE OF COLORAOO . 39 n COUNTY OW PITEM 3 A j 1 0 â„¢22:tr ' LOChhON AND MAAE,46\ONS 09 -TUE 500/UARV LIMES, 501 LOINGS AND IMPROVEMENTS , 1/ G.Vt/LNCE 01 ktÂ·40Â¥vu 2 . 9 0 6 CALLS IN C , ca= FROMMELCOED \ ' M...2...1,2907 Ir COONÂ·TY or P,Tr/,4 ; 5 5 SOXIEY CITEki-TED *4(WGUNO MOkIS sour. 59 cr DEA<thiGS SASE.P ok, U-5 ALÂ©kle LidE NEAT 1 6 JANUARY 372 BY GERARD Â·u PESMAL v -26 VOREGOING bORVEYÂ©12 S CEâ‚¬TiC ICATE *AS Al,<440Â¥vt&03Â£0 BEFORE ME TWS 12 It DAY OF,r CE*JU.LtNâ‚¬ 05; Al' R ! S823Â£' Â£ 2601 n , -re T,~2 70.41- 5 U.:ai.â€¢0,#G. LCE LAITED COMNIOW C.INICIT : . \0, t./ G.ENECAL CO...410% â‚¬_lkÂ£.rr ! 1 20 + Ner-NESS MY /A/0 AND /,ri=,cl. SEA_ i ELIYADINS BASED OU /61943 Ow 510,/E j/ M COMMISS#ou EXIjf PONER /06Â£ /6-16.l SM Col OF 59 / GiLLES,li r 0... 2, /919 eR,Câ€¢< 2 Co-C PULÂ·=-Ax Al FE-NC. Con , M \ c.g-,ra,6. .*'R.L. vvELL Â»v' 02 C.C~. i a \ Â«%725- 1 Cp' NOTARY .05/'C 1 i o Z ' 4 1 â€¢FLERâ€¢& Alâ€¢â€¢ ATEEâ‚¬9-UnmER 4 Ratâ‚¬.EEâ€¢'m'llhmis:e 6 ACCEP-'10 FOR -,LIJG W..3,49 OVIâ€¢CE- 9Â£ TWE- CLE.-ek AUGE RECOWDE./'S QF TIE COUbtrv OF P,Tuk, \ STA-TE 02- COUOU/O O'CLOCk 1.-rvt , -n-Ils --2.L__ 04Â·Â¥ OW Â·Â· D 09-1 -2 W PLAT OCOI _.s AT PAGE i [RE. 3 ---) *MON dr 0 :00"0...t,- $ .9 w taP ... 90i0 2 -~,0 CLER.k ANC RECOT<JEW 00.0 ..L M , 9 #Ass CAP E ... 9* 4. ALE'.4 EC~2 (. ....64 4400 > 41 INÂ·- / 0 Â·b 04<g 54 95 L_ - e 'CJ Lin 92 1-1 h CE 24.1 0 9I 1 K4 1 00 9 -1 I V . W 0. , 5 3 . I m I I CV 3 g I g N U : 24 I 94 I C .0 P E , 28.1 g 7 9 43 giN 4,1 L 191 2 9 9 02 -/ ff i Â¢ LL ;1 1*} e 13 M 13 12 W r 25 1 0 j f f--El 6> 28, - e 0 ZÂ¥ C;li 0 I r 0 01 I # O U1 Ul SH > ~ 11 2 4 9.6 W O 4 -1 8 li ---- . --- 04 0 2 . lip 9 1 - ul 01 14 1Â£ O ..B - S g t: 0 - 0 N : I 1 - 0 - 231 Id 0 0 W 0 -1 24 8 248 25 3 6 UNg' 1 G02 * 54 Fr 24 4 I -UNC 1 I ts .â‚¬ 11 - Val/ mulll /LOOR 1,9/EL St, 0991. 1001 1 01 8 1.11 el UN iT . 1 12 LG' i 1,101 , 13 05 1-2 , -tiol 1 10/0 ' .,Ir. 4 D. RE: 2 1.40 1.3.3 9 *A+1 " .- * ..~~.. $ *T ~ 2 0 0 0 4.6-6 3 Alley First Amende d CONDOMINIUM MAP OF THE ROME-GIK CONDOMINIUMS According to the Condominium Map thereof recorded February 4, 1977 in Book 5 at Page 62 and further defined and descrtbed in UN~OLDER CIONSENT Ile#a Fargo aan#4 NA batl the ban,Mcfary of thot ce/tok, Died of ?imt ~confad FÂ»ucry 4 204 a-â€¢~ FND., #5 Rebor Condominium Declaration recorded in 01 Ric*fjon No. 548412, /,1011 Deed / Truit ancumbor, Ur#t 1 0, Dhown harwon. hareby oon-Re to ond qpprowee the #Ung of &5 Map 1/ the February 4, 1977 in Book 324 at Page 420 Dedomtion M c,ccordonc- wilh V,i co-ent# r-,rv,7efor,i; wiwnintg obl/grflons ell,d oon/mone Gppee*g her=n ond tivb and egr~as that thi Am or iakl De,d of Du,t ,hd# be eubordrlote to MA County of Pitkin, City of Aspen, State of Colorado AlÂ® cne thi Ded,c,HÂ©/6 (but no other #Ue maten) acecutl 0% - dqy of 20;a Cartiff:ute of Ownersh*p and Dedlcatjan to Condomhlum Ownershfp HAb Foryo 8Â£nt N.A. I. Know aji men by these presents that the undersigned, being the soje own,f of o# thot red m.... property situated in the (Ity of Aspen, PitkIn County, Colorodo, sold red property being more .. 619 N 4th St. porthAaMy descnbid as foltoe: Unit 1 Rome-Glk Condominium SDWE- ar Accordjng to the Condominjum Map thereof recorded February 4. 1977, In Book 5 at Poge 62 COUNTY OF ;~ss and further defined and described h fne Condominfum Dedcrution recorded 77,8 R,regoN LaW,/Ar Coniant Â»as coMont/le# befon mi al - day of - iND. #5 Rebor GRAPHIC SCALE 2010 6Â·. M ,>f END Forgo acnk, NA February 4,1977, In Book 324 at Page 420. County of Pltkin. State of Colorado; Â¥*TNESS my hand ond of*ki seol. Hy (wirnli/ki elki/. -Zin!!a.pgatt&12& Ihit seld owner has cqused soid real property to be further laid out, surveyed and condominiumhed pursuant to tms Fht Amended Condomhm Map Notary Pub#e os Unit T. Rome-Glk Condommium. Couity of Pitkin, State of Colorodo, %//4 and thet soki owner does hereby reaffirm the dedication of sald property, together wfth d C m FErr ) improvements thereon ond appurtenances themto now or harsafter axisting, to condoml,Lum = 1 inch = 10 ft ownership M ocoordonce with Colorado kaw. and hereby reof#rms the Imposition upon such reol Metroift/es MorÂ·tgo,4 UC bihg the benelkloty / that certol Ded / 77,#It record* Ii,wory 12 2007, property of the terms, cond}tlon' covenonts, restrjctions, 808.nents, reservaNons, uses. 03 Racepeon No. 533299. whe, 014 of 1Nd -cumbers Un;t 2 M N li L.CE Lih/'t 1 tknitations mid obtlgations set forth In the at>ove--referenced Condominium Dedarath (the "[DedorationD, together shown har,en. 5/ely conianti ti Md *pro- thi in,9 of #Wi Mop <wld the with any amendments or suppiemants thereto. which Dadaration does and shcli run with the reel property Dookrotion k ccoomanoe wte} the co-KInts. roservatlen:. acaernents rb#goÂ¢jons and con,imon, appion>g /Â«191 and e,r- and agmae that the #an or Ne Dead of h,st sho# be subor:mlate to this Map end mi DKdgrgÂ¢?on, (buÂ¢ no oth- m mitt-1 i k; :7&35.Z %4:* 31$Zg~2Â¤Zatst~;;0'ki't#14,8/6$ and thak /expxtrw, gny,taeA 64,50 Executed tms - day of 2010. LCE. Unit i N mccessors* he#s. persond representctives. executors, administreÂ¢om devisess or csagns. Exeouted th/8 - day of 20101 LCE Unit 2 80 /4~â€¢vard Pqdy De,e/Aomant LLC -frocmes Morteow; UC 11.90 L11 e R. 1 617 North et F Â£ 13 ' Howird 8. Kdwi Member 774 6% Â£5 W v Â£ CE th# 1 1 Ry STAIE Of )Â»S 30.97 â€ž~0 4 3 Fourth Street 4.60 3 . Unit #2 ~ 4.375 Sq. Ft. +/- Grov.1 Porting Y Hope C. Lefeber Member- COUNI OF ) Areo ZJ 2% STA~ OF ) 2010 14, m Unit # 1 2 * 3 Porting ) 8. Fence Nne LCE Unit 2 ~1 0 2 4 Spaces 77,a *,gohg L**004Â· Cons,ne w= ec,eleâ€¢~idgM befow mi thh _ doy of - COUNTY OF ) 'INESS my load ond Imelof /0.. M. Commt:81Â¢n el~ea: .%Â· 2 3 !he 19-nphg inst,umant /08 QcknoÂ»lecIFed befre m, thl - doy of 2010, by Howard B. Xedar. 0, c hlemb, of HOPEARD PROPERTY Notâ‚¬Ny Pub#b 1 FND., 05 Rebor - _LCEUMit 2 i.EE**UZE..222Â£[- Â£&51Â£La9WD, 7; LL@ a Co/orado thilte Mlly ce/~Wany, and Yellow Plastic Cop Wlenses my hond ond omed -al. LS #29030 My com.*.ion .*#ss! M~!room- Wortgo,~ UC bejng the teninc,cry of that certain Daid of Truat alcerdid Jonuary 11, 2007. 22529 W 126.014-* M R,clptk No. 531304 *loh D-d of hit -cumb- Unk 2 cs Notary Pub#c Diogratton h cocordance *th the co-*,1~ r-en~,tbls, SC,ama,de, obigot#wi end con,mim, *- harion, heal/ consanb to Ind Gpprom m, 1,*19 of Ull Al,0 and thi STATE OFÂ· . appÂ«**19 hâ€¢non IN ther,h, and ogrves that the !1~ of sald Dead / Trust *all bâ€¢ aftÂ©rd#nuta to thka Map end the De'crut;on. (bul no "I tftle math). COUNTY OF j FND, #5 Reoor Executed Uds - do/of 20,a and yellow p'ostk ?he 0brapk, bet,umant ws ocknoÂ»fedlged bafore me thle - day of 2010. by Hopâ€¢ C. Lifuber. as o Membar of HOPEWARD PROPERTY Metroom- Mortgage. Li C cop L.S. #26030 DE'XaPMENT, LLE o Colomdo jknrted jlablilty cornparb 1.5 Witness Corner b R"u my hand ind offi// se/ N-, My comm/s:lon 8*phs: niaÂ· UNE TA9LE STA1E OF )~~ UNE LENGTH BEAMNG 500 N #th St. N 5374'52' W Certificate of Ownership and Dedication to Condominium Ommihip COUNTY OF L2 2.11 N 679'47 E e Know an men by these presents that the undersfgned. being the sole owners of a# thelt real Fi fo,agomg Li#loider Coni- Â¥89 00*no,Wedgid balbri m, #4, - d~y of - L3 8.03 N 83'30'13' W ~ property situated in the City of Aspen, Pitkin County, Colorcdo, sotd real property being more 2014,1. m n, 74 L4 7.27 N 529,0,7. E % particulorty desctibed es bllows Unit 2 Rome-Gk Condomink.m WITNESS my hond and officle seal. )47 Comrn/=lon exp/88. Sheet In,dâ‚¬x L5 3.87 N 8.3*30'13- W k According to the Condominfum Map thereof Â£6 11.18 S 776'37' W ~ recorded February 4, 1977, in Book 5 at Pgge 52 Notary Pub#c Sheet 1- Certificates,Map Notes and Site Plan Â£10 2.65 S 143238- E 0 and further defined ond described In the Condambium Dedoration recorded 9.nmati 2.1269/nint 21.teâ‚¬Â£ 921&112= L11 5.90 S 8.1 30'LY' F % February 4, 1977, m Book 324 at Page 420, Sheet 2- InterÂ£or d:mensions and exterior elevabons Thil CondomI,lum Map wa, appmwd hy th, Community De-,pment Dhotor of the Ofty of Aspm 212 2.40 9 679'47- W County of Pitkin. Stute of Colorodg Ccloradc* /0,ed thIL_-_-doy of , 20!0. L13 12.70 S 8330'tr E R 0 That aoid owner hos caused scici real property to be further kcld out, surve,ed and condominfumized pursuant to this Fht Amanded Condeminium Map L!4 3.81 S 056'0= W cs Unit Z Roma-Glk Condominium, County of Pltkh. State of Colorodo, Communny D-lopment DIactor Â£15 18.97 N 8473- W ond thot mid owner does hemby reoffirm the dedication of scid property. together with oil Vicinity Map 1"=1000' L16 6.40 N 6 29'47* E #npromments thereon and appurtenances Thereto now or heracfter existtng. to condomfnkum 12*//1/Â£,I// ownerihip A accordance with Colorado law. and hereby reoffirrns the impoeltion upon such real property of the terms. condiltion* covenants, restrictions, easements, reserÂ¥otion* usesÂ® 1 the undisigned o duty outhortzed reprasentoeve of PltkIn County Tltle. fnc, do hweby c-ify that ; have *-64*L; 32 - 1. fimitatjans and obi;gations set forth M the above-referenced Condominjum Dediroflon (tbe -Deck,rotton'D. grontees, sulcessors. heirs, persons# representatives, exacutors. administratom, devsees or Doted this "y of 2010. . i R rÂ«' examined the tme to d lands hiram dedicated and shown 07 this Condominlum *4> and , together with any amendments or suppjaments thereto, which thi Dec#crotion thot titie to such Ionds is h the dedtcotor free and dear of c.fl #wls~ to,ss, 94 does und shaH run with the red property and shall be o bwrdm and benent to sold owners,/d and encumbrunces, except as shown hereon. ': cny other person acquiring or owning on #,tereet in the red property and their rempectim ./34./. FWD., #5 Rebor Executed this - day of 2010. R. i -:49 4, ~ -1-:'.4Â·Ati' ..'63 Me Exambar pjast' cop *E and illegible yeficâ€¢ )....LILIdld~. ~~art T Vandâ€¢,aa /# Ry- f. IFFREY ALLEN TUTTLE do hereby certify thot t om o Prof,salonol Landi Sirval,r, - #rest North .fireet Emily E. Koibe beansed under the fail of the State of Worcdo,Â· thit th# Fht Amended Condominkon Map of the Româ€¢-(2 Condomblums *Any or,d occurot#y d*kes thi Â¥nprowments; Meudbg the condomhhim units STAm OF j and thâ€¢ common owners,14> Graia, Md kient/,!. jocatjon, Ta>Â«It. dkmenelon@ cnd boundodes; that such Legend md Notes: coold ~ mop wae prepared offer substant/{0 comp#et/on of h bprovements; and thct such map comp#as w#th and a indieates k/nd mor/ment os described contoini d of the mronmation requhd hy CRS 38-333-209 ind an other itatutes and regulouons 77,0 bigging *wh,#nent wis act,oÂ»00*ed be/b,8 mi th/s - dky of applicatia to mips of condom#Uum common *tereat subdMaton, and that such map was prepared hom - / }Â»dicatee found dialÂ¢ stamped LS 33638 2010, by G#barl 1 *00 m. an actual monumented lend aunpy of the properÂ·ty com, monumants, both found and eet. under my .Ct. Wtness my hand and offlclaf Not. d#ect supervan ond chadÂ¢he that it ia correct to the best of my knowfedge ond benef and that o# - CE indtcotes coning ste,ution or the unit Wy comrnt=kwn e./* dimanitons, both linoar and Ingulcr were determined by an accurate control survey In the field which - C.H. indicates ce#Ag heigflt of the unrt. bdonced ind dosed wff#Un c #rn#t of 7 * 10:000 (Â»Wch comp#as ,?U, Catorcdo Pf-OkSS#Onoj sfind/rds fri i ./)0- kke~h 3,% y.ji Notary Putâ€¢Uc LCE. Mdkates limited common element, SPIZE OF- 1 17,8 mep does not represent a tree search by n,tus SurveR Safyfcas, ma to detem*le oâ€¢narah# or 0 land Swrmy piat ond the current occurocy stindords for ALTA/ACSM Land Title air-le) G. C.E. Indicates generol common element )81 006*mants of record andi o# Intbrmotion shot,n hareon /*Gord#Mo owners,4*. ao=ment.4 Ind other COUNTY OF } encumbron= of record has been token #am the Ckomm;iment-for- TH.1, jnsumnce Jsgued by PRikh â€ž - Becrihgs cre based upon c 1.5 foot Witness corner, c No. 5 mbar 4th c ke#ow pjasec cap 77,0 ~hree;W Ishment I,68 0,4,1/,teÂ®ed be/bre ms th/8 - doy of County 71#e Ing dated *Ame Z 2010 ~s Case No. POT 22851 1% LE No. 29030 and o rebor with c >elow plostt cop (Weelb#e) found along the eosterly 2014 by Emly E Kdbe. b â€¢Uness themot; f hcne set my hand and seaf MA -ii . '11 ...ter -22 lot i#le of Lot 20, ueihg a beeriÂ·,g of 901'22'297 bitwean thi two described monuminta ~ . Â¥11/0/ my h/d /,doM!/101 1,01. - 71}ls suray does not represant o Â¢kle search bythj/ My commjaglon a*hz FL#/A 4 yun,yor to detennlne ovmerahlp or to djecopar Jeflkey Allon Tuttle, L.S. 33638 *osements or other encumbfance of remrd. A# mrÂ¤nnat;on partohhg to own'rah*. ac,sement' or otber Re id &199818'k fet#Â£Qi, encumbronces of record has been faken #om o tftle OLLILAIRm ,Â£&9~29Â£1 Calkili ir,surenco commltment 1=ued by PRkln County Titie, fne. Tb/â€¢ Condcmin#um Wop 5 oceÂ«pted 16r /Ring Jh the Ofte of the ; P.:14.jif~."45.. 0 dated June 2, 2010 os Case Number POT 22859[_ 444 for the aty C/wic ond Raconjer of Fitkin tount,t Cotorudg U,!s 4 of - 7hfs popity la subject to easements, dghts of wgy gnd/ or requhments of Apm. (Cc#crâ‚¬,do, cio h,et,/ 4/mi th;s Coadomjnlum Map 2010, Act ilâ„¢* On Pr,gâ€¢ I j' /41/1 . 1 cs noted cr ihoin In the record@ of the Pltkin County Cterk md Recorder, * Receptior, ne> uds-44 of- 2010. The unit of measurement for this suray k the U. S. Suray FooL B" Clty or Aspen Engbi Cleek ind R,corder - Th, diti of this survvy was Moy, 20!0 r 're C First Amended Condominlum Map of Iceona,w te c22,Â»-02 aw wt: m.....m~~â€¢ TUTTLE SURVEYING SERVICES Units 1 and 2 =w .. =Non 4,04 upen #I .>ct. 727 Blake t-venue 617 N 4th Street 6/11/10 * n--*n ~Are, ~ce cftÂ», r. Drewn 8/ SJ Mr *y~r -4 Met /, ne Â¢t-f muy Dofe: ~ap /* KA- 6~s,d *m 4.*t * Gler,wood Springs, Colorado 81601 th~ -9 *0--0/ - - * .,s (970) 928-9708 (FAX 947-9007) the Rome-Gik Condominiums #0' f" 40" 1 LAY ,â€¢,47Â¥cohen .p.4,14 jeff@tss-us. corn Aspen, Colorado 81611 TUTTLE SURVEYING SERVICES 'Lf!*M Â·fy NOOD6'31 *E 35.00 , Allotchnmt- 3 (corrt,j .. First Amended CONDOMI-NIUM MAP OF THE ROME-GIK CONDOMINIUMS According to the Plat thereof 'recorded Scale 1 "-8' February 4, 1977 in Book 5 at Page 62 and further defined and described in Condominium Declaration recorded in Febructry 4, 1977 in Book 324 at Page 420 5.33 Window Well County of Pitkin, City of Aspen, State of Colorado ' T -LeÂ£ 25.10 - - 0.80' 1130 25.00 25.25 145.58 4.17 Unit 1 qi O 4, Entry Unit 2 ~ 273 CE 11.00 Upper Level Unit 1 Level ZIE~ Â».4. 1.00.3.60 gao n 602 S.F. +/- Upper Level Finish Unit 2 Unit 1 ticS Finish Floor 601 S.F. +/- Floor 7881.07 Lower Level R 0 492 9.F +Â» f JÂ¥ N 10.95 7888.97 0.91_3.40 Finish Floor 342 SE Â« R @ 11.60 535 5.F +/-- ~ e Lower Level l. 0.50 Unit 1 4 7885.33 4 11.60 7876.31 40 345 S.F. +/- Finish Floor Fi Finish Floor Basement 4'i wj- 7880.49 CH. C.H. 10.84 7=0 1 14.80 N \- 9.80 - 7872.15 C.H. FC.H. 16.30 R CE 770 -7 3 Finish Floor 24.20 24.97 ~ 15.95 25.00 # 23.92 14.92 Roof Elevation 7900.27 Peck Devation 7900.27 Finished Ce#Ing 7899.81 Peal< Ele~tion 7900.27 Roof Elevation 790(127 Peak Elevotion /899. /2 Peak Elevation 7899.72 Fintshed Ceiling 7899.81 Ecnies Etevation 7893.98 Upper Levej Finished Floor 7888.97 Upper Level Finish Floor 7885.33 - Unler Level Finished Floor 7888.97 Entry Level Rnish Floor Unu 2 U./t i Upper Level Finish Floor 788533 ' ' Unit 1 . Unit 2 Elevation 7884.69 f. Entry Levi Fmish Fjoor Elevotion 7881.07 Entry Le,1 Finish Floor Elewtion 7881.07 Entry Level Finish Floor Lower Level Finish Floor 7880.49 Efevation 7884.69 Lower Levet Flnish Floor Devotton 7876.31 Lower Leâ€ži Fhah Floor Bevation 7876.31 Lower Level Finished Floor 7880.49 Basement Level Floor Elevation 7872.15 Basement Levef Floor Elevation 787215 South Elevation North Etâ‚¬vation Peak Elevation 7900.27 Peck Elevation 7899.72 Roof Elevction 7900.27 Finished Ceiling 7899.81 Eoves Eievotion 7893.98 Uwer Leve! Firished Floor 788897 Upper Level Finish Floor 7885.33 Unit 1 Unit 2 Entry Levet Antsh Floor Ele~]Non 7881.07 Entry Levej Finlaih Floor Elavotion 7884.69 Lower Level Finish Floor Elevition 7876.31 Basement Level Finished Floor 7880.49 Bosement Level Floor Elevation 7872.15 West Elevation East Elevation .,0"2 **4 I COArG. ~W WW must CotmRÂ®ne/ TUTTLE SURVEYING SERVICES -me First Amended Condominium Map of Units 1 and 2 ~.1 lvet ( or, bus~d 14;an Â£0â„¢ d,/IcÂ¢ t,t 727 Blake Avenue DreÂ»77 4,2 1' tr tus strrw, wd,Pan V,re' y-,rs *Wo,1 . %,t-1 m. Glenwood Springs, Colorado 81601 4yaZ f.cm,n M.,4 -1, *AU s,1 617 N 4th Street Dot. 5/27/10 Â¢!Us swv*, 49 ewAmenced mo- tho- * vers (970) 928-9708 (FAX 947-9007) the Rome-Gik Condominiums .,+zma & dg~. â‚¬/ Â£42 27~10-A.>/ AOp,01 1 OF A. jeff@tss-us.com TUTTLE SURVEYING SERVICES Aspen, Colorado 81611 9.50 8.00 09 92 .1 0 484& 04 4 EAVED JUL 0 9 2010 ATTACHMENT 2 -LAND USE APPLICATION Pitc).lili' 1 : C4%22 SPEN Name: Amur+ne{Â¥-1- f c #ho f c-tric 61\ap -fr ( AfrÂ·~49PUEdÂ·c-d-~ Location: (Arl N . Fiperll, 9-. 14'.Â» n 9 lut 1 (.0 1-151/ 11\(ni c hY j (Indicate street address. lot & block Illimber. legal description where appropriate) Parcel ID # (REQUIRED) 2'135 -13\- 13- c-(- I API,1.1(,\NT: Name: E-lo pounrd Pi.c pgr-{li tx LYclc pinâ‚¬ nt LA$LL Address: IL4 5,3 F|Clf Rl-(4 <20(14 Ah, 1-*-r-11-h PR . 1Â°16-72 - Phone #: 410 574-60,00 REPRESENTATIVE: Name: Dallj Harin Ing 9'1 0 0/1 5- 65 1 '/ Address: 115 5. \7701-Â» rt-1, 1-(- 963~1-k. loll -AcitcÂ¥Â° n. (C Ell-N Phone #: C' 1/3 913 -- 6 5 S 1 TYPE OF APPLICATION: (please check all that apply): 1 GMQS Exemption U Conceptual PUD U Temporary Use E GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment U Special Reviiew U Subdivision U Conceptual SPA U ESA -8040 Greenline. Stream Â® Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane O Commercial Design Review U Lot Split D Small Lodge Conversion/ Expansion C Residential Design Variance U Lot Line Adjustment I~ Other: 5 Conditional Use EXISTING CONDITIONS: (description of existing buildings. uses. previous approvals. etc.) TO-'C Unif- ~Cic:PlÂ¥'fj (Ctldc/)30Â·19(,1/) j /'r 11(4- / m /1 9 010)1 -zid i il 1971 14&\dficns /i,nprol>C,-rtiTt S (110(Â·iÂ¥- 0(x- i-- C k- 4/40-01-5 aolriftl Un/,97-if~ift/ En thi pi-Cpctict Firb-t t\,re\61.6-61 (Joilric ,\,tlit C.-41 0 l'1-91) 63(----(14 1-26-6,4. Cal. PROPOSAL: (description of proposed buildings. uses. modifications. etc.) C ho?Sf 5 toÂ· A. pprel,Â£04 / 1% (C- rÂ·*7 pi (1-1 40 r.( f EL rl f y i .c, Ni 7, (EFY-\ 11-LO [)6 - i Ir)Â¢<C.(,4 (1411-15 4)70tl f i. Â¥'1 -114 (1<-611.-5Â·, Ll i l{ l-â‚¬ Cri l A , 140 1 .d t. Have you attached the following? FiÂ·:16; DIE: S 73% ' t. t Â® Pre-Application Conference Summary N Attachment #1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Subinittal Requirements- Ilicluding Written Responses to Review Standards ~ 3-1) Model for large project At/4 All phins th:,t :,re larger than 8.5" X 11" must be folded. A (lisl< ,%'ith :in electric copy of all ,vritten text (Microsoft Word Format) must be submitted :1% part ofthe :,1,1,lication. 1.irge scale projects shotild include :in electronic 3-1) model Your pre-application conference sii â€ž1,11:try ,vill imlic:itc if you mtist uil,mit :1 3 -1) model. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPA Fi.ENT At:Tri~Â¢ ff,r 19,Â·mcnt ,â€¢ f Cif v f,f A,Der, Drvelerment ApplicM, inn Fer, I TrY Of ASPEN (licreinafter Crl'Y) and Hope Weber 0 ~le rcitullk:r ,\|'1'1.ICAN'I }AGRM: AS FOI [,0 Ws 1.1'1'LIC.UIT |lus .Guliilliti:,1 10 CITY an applic.nion fur CL C)A clor,A & 8 1 LA. Â»1 1- -1 LL T--tc,r-! -- thercin.ilt(.r, ] HE PROJ{rl ). APPI.ICAN'l' contlcestand, and ugricâ€¢; tim[ City ul- Aipun Ordindnce No 57 {Series ni 2(/0(}1 c.,lablibhcs a fel' Structure for l.dind Usc ipplicacions und tip: payment ofall proccising fel.'b K a condilron precedelll 10 .1 ilctcrrnin.nior] of appl,cation conip!eferiess API'l.]CANT und C['1 Y i,gree Thal becalise of the Size. naturc or :cope of the proposed pruiret, h ts mil russ,ble .11 th,% time 10 :,scertam the ful! extent of the costs Involved m procescint (hc application APPLi<~ANT und C]TY furlher .,gree 1hat it iN in Ole interest u f the partics that APPLICANT make paymer,e of al, ini,ial depasi, and to Iher:after permit a[Wilional custf to be bil}cd 10 API'l.]CANT un a month[>' basis Al'P[,ICANT agrces addilional costs may accrue fout,wing thetr hearings and:for approvals, APPLICANT agree:. he wjll bc hunctited by rcutning gre.k,cr cash liquidicy und will make additional r,yments upon nutificadon b> die 1 , 4: rE:r - ' - 14 Â· L 7.Â·f'' â€¢ ,1. 4. CITY und APPLICANT further agree thaf it is impracticable Fer CITY staff [u completc pr.xes:Ling,ir prescnt Sufficlent inform.lilun to tbe P[alining CommismOn and/or Clry Council lo crtabte Lhe Plunning CL,mrmssion and/or City Council to moke [cgally required lindings for project consideration. l#O[ess Clurent billings are paid in fuli poor to decision. 5. Therefore, APPLICANT ugrees that 11, WOrisideration of the CITY'â‚¬ waiver of its righM to COMect full fees prior To iu;~Wnination of Jpplication completcnes-, APPLICANT bhotiI pay an irticial deposit in lt,c urnoull[ efS __I~ which is fof hours of Community Deve[opment staff hme. and if actual recorded costs exceed the initial derosil, APPLICANT shall pay udditiorm! inoitth[y billings zo CITY to rcinibursc the CJTY- for th, processing of Ihc appjlcation mentioned above, mciuding post approval ruview at a role uf S220,00 per planner hour over the ininal deposil. Such periodlC payments shall be made within 30 days el the Ming date APPLICANT iurther agrres that failure to ray such accrucd costs shalt be grounds for suspinflon of processing. ind in no case u-itl building permits be,ssucd until all costs asuciated with caic procc.ing have been paid CITY OF ASPEN APPL;14,euar.1 //DM /14 Dev u.t By. By: 1-1 opi Leaber Chris Sendon 111 1,0 Community Developmrnt Director Date: Bill ru Mailing Address at,d Teleplione Number: 1453 Fle# Rot* 64 14<6â€¢rlk P# 5 9,Ip pon, r{,rms *agrpayas.dor 1901.2 02/01/06 610 59(1 - 00 01 0 0 0 040 chme,2 44 (Cor.Hb ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 9 Project. t-,1 E,l inf - 64[/ Cordo m i nium 5 D A t-15 1 -4- 2_ App\\cant. 1-}(Ji* luct[-01 p'(?l)ir-Ii/ --Pâ‚¬ U<ilogrpn-1 2-LO Local\on: 9 A--7 N . 11- 6,7-I & 1 6(~ 17 44 1.-P4421 1 Lf) %' i (rl ) Zone District: 2 4. Lot Size: El 375 5 + Lot Area: 4 37.5 5-f (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: 10 / A Proposed: /9 ~/1 Number of residential units: Existing. 2- Proposed: GO Chcl n 3â‚¬ Number of bedrooms: Existing: W IA Proposed: A 0 ( Ni 1-13 f Proposed % of demolition (Historic properties only): N )01 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: Â°/0 Open Space: Existing: Required: Proposed: Front Setback: Existing. Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Extsting; Required: Proposed: Side Setback: Existing.~ Required: Proposed: Combined Sides: Existing.~ Required: Proposed: Distance Between Exi.sting Required: Proposed: Buildings Existilly non-Coll joililities or encroachillents: Variations requested: Aj; C - /1 i . Â¢4414,420+ 4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 5/6/10 REPRESENTATIVE: Beb-Wisher De\Ut 5 tic'r n Lnc. TYPE OF APPLICATION: Condominiumization DESCRIPTION: The property owner would like to amend an existing condominium plat for a duplex located with Hallam's Addition. As described by the representative, the duplex has been added to over time; however, the plat has not been amended to reflect the improvements. Land Use Code Section(s) Rep!,~- 26.304 Common Development Review Procedures (as applicable) JUL 0 26.480.090 Condominiumization crBTÂ¥ f. 9 2010 Review by: - Staff for cornplete application 6/V - Community Development Director for condominiumization /" ITY DEV~MENT Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: 2 paper copies of the draft plat To apply, submit the following information: 1. Total Deposit for review of application. 2. 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. 3. 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. 4. Completed Land Use Application. lonly pages 3 and 4 of the link below) 5. http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/AppsÂ°~620and%20Fees/landuseappform.pdf 6. Pre-application Conference Summary. 7. Letter authorizing owner representation. 8. HOA consent to the application. 9. Proposed condominium plat. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above). 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. 444%:-9 Â©32.7.003Â·? Rf~:C'3Â·~i;<'' ~'~'Â·. 0 At\"0*0* 5 3,222,44.: .,fi.:.1-,Â·414 ..I. I CONDOMINIUM DECLARATION KI.*~%Â·,2:.: p'.~Y:Â·~Â·~~~0~.y~Â· 2 FOR crti. <-,e~ . THE ROME-GIl< CONDOMINIUMS Â¥... </-09 KNOW ALL MEN BY THESE PRESENTS: Lit - . WHEREAS, DALE and BEVERLY MARS, hereinafter called the "Declarant," :p#; . Â· is the owner of the following described real property situated in the City .'00'612:' Of Aspen, County of Pitkin, State of Colorado: 5241 : 1 Hal 1 am Addi ti on South 35' o f the North 79' o f Lots 16, 17, 18, 19, 20, Block 99. '.41'fi *1.4 -. A.' 3.'t. WHEREAS, Declarant desires to establish d condominium prvject under the Condominium Ownership Act of the State of Colorado; and t '3 8 1 44. WHEREAS, Declarant has s.jbdivided a duplex and other improvements 1 . , appurtenant thereto on the above-described property which shall consist of two separately designated condominium units; and WHEREAS, Declarant does hereby establish a plan for the ownership in fee simple of real property estates consisting of the area of space contained in each of the apartment uni ts in the btlilding improvement, and the co-ownership by the individual and separate owners thereof, as tenants in common, of all of the remaini ng real property hereinafter defined Brld referred to as the General Common Elements; NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, condi tions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be a burden and benefit to Declarant, Declarant's heirs, personal repre- sentatives, successors, and assigns and any nersons acquiring or owning an interest in the real property and improvements, theirÂ· grantees. successors, heirs, executors, arministrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, the following definitions shall apply: (a) "Apartment," "Apartment Unit," or "Unit" means an individual air space which is contained within the unfinished interior surfaces of the perimeter walls, floors, ceilings, windows and doors and between ceilings and roofs of the Dwelling Units in the building as shown on the Map and any amended Map to be filed for record, together with all fixtures and improvements therein contained but not including any of the structural components of the building, if any, within a unit. (b) 'Association" means the Rome-Gik Condominium Association, Inc., a non-profit corporation organized under the laws of Colorado, which all owners of units shall be members of and which shall be charged with the management and maintenance of the Comdominium Project. (c) "Condominium Unit" means an apartment together with the undivided interest in the Common Elements appurtenant to such apartment. (d) "Cwner" means a person, fi,m, corporation, partner- ship, association or other legal entity, or any combination f thereof, owning one or more condominium units; the term "Owner" shall not refer to any mortgagee, as herein defined, unless such mortgagee has acquired title oursuant to fore- closure or any proceeding in lieu J foreclosure. A. 1 ........ ......./ ....... ......... - ..V. -- .... avy part thereof is enct,~Â¥mdr y /, 3247753)FYJA -*. Â»-*4 * the mortgagee I or beneficiary under any **â‚¬00* Whil~ t!*1~~erest of any owner is encumbered. ./ I Â· Â·Â· 19Â·Â·f~Â·Â· '~0 - .Â· I . , p Â·142,8 ..,... ..r ( g) "common Ellilts' 00-F : 2% b'. ' ant," ( 1) The real property upon tic* the building is e City located. 4 (2) The foundation; colunds, girders, beams, supports, main walls and roof as shown on the Map. (3) Such partly or entirely enclosed air spaces as are provi ded for community or common use. (4) All other parts of the property necessary or convenient to its existence, mal ntenance and safety or nts normally in comnon use. ist (h) "General Common Elements" means those parts of the Common Elements which are not designated as "Limited Comion hip Elements. " ce , and (i) "Limited Comnon Elements" means those parts of the en an ts Comnon Elements reserved for the exclusive use of the Owners and of less than all of the Condomi nium Units in the building. (j) "Entire Premises." "Premises," "Project" or "Property 11 means and includes the land, the building, all improvements uses, and structures thereon, and all rights, easements and all appurtenances belonging thereto. pre- ing (k) "Common Expenses" means and includes: (1) All sums lawfully assessed against tne Common Elements. (2) Expenses of administration and management maintenance, repair or replacement of the Common Elements. (3) Expenses declared common expenses by the unit owners. (1) "Map" means the Condominium Map referred to in paragraph 2 below. (m) "Building" means the building improvement comprising a part of the property. (n) The title "Managing Agent" shall refer to the perion. firm or entity which shall be selected and appointed by thu owners of the condominium units in accordance with the provisions of Section 14 of this Declaration. 2. CONDOMINIUM MAP. Declarant shall cause to be filed for rel_ord a Map. The Map shall depict and show at least the following: the legal ' description of the land and a survey thereof; the building and tho location of the units within the tÂ·uilding, both horizontally and vertically; the perimeter boundary of each unit and the location therein of , iy structural components or supporting elements of the building; thc thick- ness of the common wall(s) between units and the unit numbers of other designation. The Map shall contain the dual certificate of a regi stered engineer certi fying that the Map substantially depicts the layout, measurements and location of the building, the units, the unit designations, the dimensions of such units, the elevations of the surfaces of floors and cei 1 ings as constructed and that the Map was prepared subsequent to substantial completion of the improvements depicted. lt'. 94* â‚¬* ',--Â·'19*Â¥ 74 .,3Â·'Â·1 -iÂ·.W: '~t'~1Â¥w ..i<7f7'.*JÂ·-f.~FM1,~fOFMW~,A~,47.: -~ In intarpreting the condominit,h *104; thlif~*t~i,hysical boundarie of each unl~ censtructed shall ber tonclusivA/*Ew-w*d.to be its boundaries. â€¢ pÂ·As E-6..: 5,;<21'~~93; Â·:21~~-5 '4 -*m.iÂ·'Â·-46.Mi,-;. .. Decl arant reserves the right*Â·'amend th*:'IG#i**6*'~ ttme to time, to conform same to'the actual physical location of th@' constructed improvements and to any changes, modification: or altdrations. f & 2.7,43*414, 3. DIVISION OF PROPERTY INTO CONDOMINIUM UNIÂ¥Â£ The real property and improvements now constructed or to be constructed thereon are hereby divided into the following fee simole estates: Two separate fee simple estates, each such estate consisting of one apartment unit, together with an appurtenant undivided 1/2 interest in and to the Common Elements. The Common Ele,ents shall be held as set forth more fully on attached Exhibit A. Said apartment units are shown on the Map and designated Unit 1 and Unit 2. 4. LIMITED COMMON ELEMENTS. A portion of the Common Elements is set aside and reserved for the exclusive use of the owners of each unit respectively, suc areas being the Limited Common Elements. The Limited Common Elements reserved for the exclusive use of the individual owners consist of the grounds and improvements (other than the units) lying within the "Limited Common Elements" shown on the Map, which shall, without further references be the Limited Common Elements associated and used with the apartment unit to which each such Exclusive Use area is assigned on the Map. All Limited Common Elements shall be used in connection with the particular anartment unit to which it is assigned on the Map. All Limited Common Elements shall be used in connection with the particular apartment unit to which it is assigned on the Map, to the exclusion of the use thereof by the owners of other units exceot by invitation. 5. INSEPARABILITY OF A UNIT. Each unit and the undivided interes in the General Common Elements and the Limited Common Elements, if any, appurtenant thereto shall be inseparable and may be conveyed, leased, encbmbered, devised or inherited only as a condominium unit. 6. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgag , truzt deeds wills or other instrument may legally describe a condominium unit by its identifying unit number, followed by the words ROME-GIK CON[ )MINIU,IS with reference to the recorded Declaration and Map. Every such description shall be deemed good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the un but also the Common Elements appurtenant thereto. Each such descriptior sha-1 be construed to include a non-exclusive easement for ingress and dgrESS throughout the Common Elements together with the right to the usi of the Limited Common Elements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the same. 7. SEPARATE ASSESSMENT AND TAXATION-NOTICE TO ASSESSOR. Decle E shall give written notice to the assessor of Pitkin County, Colorado, the creation of condominium ownership or this property, as is providel law, so that each unit and the interests appurtenant thereto shall be -wed a separate parcel and subject to separate assessments end taxation. 8. TIFLE. A condominium unit may be held and owned by more ~ one person asoint tenants or as tenants in commons or in any real property tenancy relationship recognized under the laws of Colorado. 9. NONPARTITIONABILITY OF GENERAL COMMON ELEMENTS. The Comm Elements shall be owned in common by all of th o owners of the condom ni um units and shall remain undivided, and no owner shill bring any acth for partition or division of the Corrmon Elements. By the acceptance of ~is deed or other instrument of conveyance or assignment, each own.?r specifically waives his right to institute and/or maintain a pirtif on action or any other action designed to cause a division of the Com, on ~10)KS59>ppP~~IM*W,%~ ipâ€¢Â¥.0 12.4ff*3.44 .4,051,&:1442'm!,~il,Xtuy 4**7441.#WQI;/* M I'llum,4,1.154'tes...mviowÂ·Â·il?gENXi ~00, :Â·~94-'E Al#5~ . *.tÂ·Wil'HÂ·''Mat:,1.' SUÂ·Â·Â·= Â·Â· jif }isiV~%7I**:16*~Ailuddle,tÂ« pel~*14/dolledt, 36*,4 00 *#Ne.tally, 4#& 67 *Ill*F. Il,Ililll,Allitilljoi incurs 1â€¢ co-ction tolti.7114 :;i .1414 1 1 Im/1 70. f~0'.740* USE OF UN!154 GENERAL MID LIMITED COMMON ELEMENTS:. Elic* owner 11141?*1. MIJQi,Idl -tltlel to **(111Â§19* ownership and possession of his apartment. 1~32:3:40 Ehdpibler =1 use the timited Co-on Elements in accordance with the /11,00 1,r *hic* the, are intended, without hindering or encroaching upon la~$42" 1 th~. Taliul rights of the other owners. 7 + 11< USE AND OCCUPANCY. Each condomini um unit shall be used and #0433404 occupled solely for residential purposes, and except as provided in this pangraoh, no trade or business of any kind may be carried on therein. SSK Lease or rental of a condomini um unit for lodging or resi denti al purposes 44213 4: shall not be consi dered to be a violation of this covenant. 12. EASEMENTS FOR ENCROACHMENTS. If any portion of the Common 1 E ; Elements now orhereafter encroaches upon another apartment unit as a 41 43" ~ result of the shifting or settling of the building, or as a result of repair due to damage, destructi on or condemnation, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall 1 and does exist. If any portion of an apartment unit now or hereafter encroaches upon the Common Elements or upon an adjoining apartment unit 1 or uni ts as a result of the shifting or settling of the building, or as a 4 p result of repair due to damage, destruction or condemnation, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. For title or other purposes, such encroachment and easements shall not be considered or determined to be encumbrances either on the Common Elemerts or the apartment units. 13. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No labor performed or materials furnished and incorporate in an apartment unit with the consent or at the request of the owner thereof or his agent or his contractor or subcontractor shall be the basis for filing of a lien agai nst the apartment unit of any owner not expressly consenting to or requesting the same, or against the Common Elements owned by such other owners. Each owner shall indemnify and hold harmless each of the other owners from and against all liability arising from the claim of dny X lien against the apartment unit or any other owner or against the Common 7 Elements for construction performed or for labor, materials, services, or w other products incorporated in or otherwise attributable to the owner's apartment unit at such owner's request. That notwithstanding the foregoing, n any mortgagee of a condominium unit who shall become the owner of such P condomini um unit pursuant to a lawful foreclosure sale or the taking of d a deed in lieu of foreclosure shall not be under any obligation to w indemnify and hold harmless any other owner against liability for claims r arising prior to the date such mortgagee becomes an owner. 0 U 14. ADMINISTRATION AND MANAGEMENT; MANAGING AGENT. The admini- w stration and management of this condominium property shall be governed by n the Articles of Incorporation and By-L,ws of the Association. An owner f of a condomini um unit, upon becoming ar owner, shall be a member of the 0- Association and shall remain a member for the period of his ownership. The h Association shall be initially governee by a Board of Managers as is if provided in the By-Laws of the Association. The Association may delegate tr by written agreement any of i ts duties, powers and functions to any person GA or flrm to act as Managing Agent at an agreed compensation. No further 50 delegation, however, shall be valid for a period of longer than three (3) w' years from the date of entering into the agreement, and any agreement 2.' entered into by the Association must be cancellable at its option upon Iv C ninety (90) days' written notice by the Association to the other party ac or Dartles. Bo n 0- act Mal abs to i (- p of a unit or except the Assoc hold) have glvan thelf ,+160*Writteâ€¢ ap*fâ€¢A#k*IllwAbl.,%,BMEF,"11*8M1L. 17. be empoweied or entitllÂ¢ to: - Â·Â· j~t-Â·Â·C-,0%,169Â¥610â‚¬Â·411+43*'*.t#&#s: 4- ,;.Â· - ASSOCIATI . ..--....1~~ ~41'.11- .: ..fitf...4...0.,4;ili*.t,J~~,4*zb rijftl~%;(:'~1-., Declariti (a) by ilct oÂ¥' ojsslon, s~ t~,u:*;~.Imimut~~rp,il J ,2 an d the d the dondodâ€¢1- regi-,1.-.i-F,(+Lifi-fl :,f~*I f i>t-' Djtt<tr' thereto a comply wi (b) partition or subdivide any condomini -unit; due for d all costs (c) by act or omission seek to abandon, partition, shall be subdivide, encumber, sell or transfer the common of the As elements; aggrieved (d) use hazard insurance proceeds for loss or Improve- 18. ments for other than repair, repl acement, or not be re reconstruction of such improvements. owners of or deed c 15. RESERVATION FOR ACCESS-MAINTENANCE, REPAIR AND EMERGENCIES. and agree The Association, through its directors, officers or managing agent, have duly reco the irrevocable right to have access to each apartment unit from time to time during reasonable hours as may be necessary for the inspection, 19. maintenance, ,-pair or replacement of any of the Common Elements therein to pay th or accessible therefrom or f'nr making emergency repai rs therein necessary of Manage to prevent damage to the Common Elements or Limited Common Elements or to ments sha another condomi ni um uni t or uni ts. common el Damage to the interior of any part of a unit resulting from maintenance, In repair, emergency repair or replacement of any of the Common Elements or Declarant as a result of emergency repairs withi n another unit of an owner at the assessmen instance of another owner shall be a common expense of all of the owners; provided, however, that if such damage is the result of the negligence of The a unit owner, then such unit owner shall be responsible for all of such the Boaro damage and for restoration of the damaged improvements to thei r condition is necess prior to the damage. fo r the p with the 16. OWNER'S MAINTENANCE RESPONSIBILITY OF UNIT, BALCONIES, PARKING an d irnpro AND STORAGE AREAS. For purposes of maintenance, repair, alteration, and shall not remodeling, an owner shall be deemed to own the interior non-supporting assessmen walls, the materials (such as, but not limited to, plaster, gypsum dry e,1-ended wall, paneling, wallpaper, paint, wall and floor tile and flooring, but attached not including the sub-flooring) making up the finished surfaces of the the commo perimeter walls, ceilings and floors within the unit, including the unit walls and doors and windows. The owner shall not be deemed to own lines, pipes, C oors an wires, conduits, or systems (which for brevity are herein and hereafter cop-prisin referred to as utilities) running through his unit which serve or.e or more i ns urance other units except as a tenant in common with the other owners. Such heating; utilities shall not be disturbed or relocated by an owner without the incurred written consent and approval of the Board of Managers. Such right to Laws of tl repair, alter, and remodel is coupled with the obligation to replace any from a pn finishing or other materials removed with similar or other types or kinds for the n of materials. An owner shall maintain and keep in repair the interior of which mus his own unit, including the fixtures thereof. All fixtures and equipment as well a< installed within the unit cornmencing at a point where the utilities enter The omiss the unit shall be mai ntained and kept in repair by the owner thereof. An ari> penot owner shall do no act nor any work that will or may impair the structural the ownerl soundness or integrity of the building or impair any easement or hereditament without the written consent of the Board of Managers of the Association, 20. after first proving to the satisfaction of the Board of Managers that such work or act will not impair structural soundness and that such work or act shall be done or performed in a workmanlike manner. Any expense to the mair Board of Managers for investigation under this Paragraph 16, including but Sl.an not limited to the engaging of a structural engineer, shall be for the CornIT account of the owner seeking the consent. The decision of the Board of in C Managers shall not be subject to review and shall be subject only to their bett absolute discretion. An owner shall also keep the balcony area appurtenant of t to his unit in a clean and sanitary condition and free and clear of snow, ice and any accumulation of water. All other maintenance or repairs to any -5- *t #QU A:"/i Limited Cot~ Elements (unless necessi tated by ~ negligence ormisuse < 1 of a unit Clmr, in which case such expense shall*J* charged to unit owner) or except as caused or permitted by the owner shall be at the expense of 41 the Association. llc t 17. COMPLIANCE WITH PROVISIONS OF DECLARATION BY-LAWS OF THE ASSOCIATION. Each owner shall comply strictly with the provisions of this . 11 1, Declaration, the Articles of Incorporation and By-Laws of the Association. 9 and the decisions and resolutions of the Association adopted pursuant , 3 thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums M due for damages, or for injunctive relief or both, and for rei nbursement ref all costs and attorney's fees incurred in connection therewi th, which action shall be mai ntainable by the Managing Agent or Board of Managers in the name of the Association in behalf of the owners or, in a proper case, by an aggrieved owner. 18. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall not be revoked nor shall any of the provisions herein be amended unless the owners of all the uâ€žits, and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all condominium unjts, consent and agree to such revocation or amendment by instrument(s) which shall be a duly recorded. 19. ASSESSMENT FOR COMMON EXPENSES. All owners shall be obligated I to pay the assessments, either estimated or actual, imposed by tle Board y of Managers of the Association to meet the connion expenses. The assess- .0 ments shall be made according to each owner's percentage interesc in the common elements. ,n ance, In the event the ownership of a condominium unit, by grant from the Declarant. commences on a day other than the first of the month the assessment for that month shall be prorated ,, )f The assessments made for common expenses shall be the sum ihich the Board of Managers of the Association shall on a monthly basi , determine m is necessary to be paid Ir all of the condominium unit owners to provide for the payment of all estimated expenses growing out of or connected with the maintenance, repair, operation, replacements, additions alterations, IG and improvements of and to the common elements, which may incluc , but shall not be limited to, expenses of management; taxes and speci 1 assessments until separately assessed; premi ums for fire insuran e with extended coverage and vancalism and malicious mischief with endorsements , attached issued in the amount of the maximum replacement value of all ox the common elements and ccndominium units (including all fixtures; interior , walls and partitions ; deco rated and finished surfaces of perimeter walls, floors and ceilings; doors, windows and other elements or materials comprising a part of the inits); casualty and public liability and other )fe insurance premiums; landscaping and care of grounds; common lightind and heating; sewer charges; legal and accounting fees; expenses and liabilities incurred by the Manager Ac 8nt by recion of this Declaration and the Bv- Laws of the Association; lor any deficit arising or any deficit remainÂ·ing / from a previous peri od; the creation of a reasonable contingency reserve B for the repair, maintenance and replacement of those Common Elements )f which must be replaced periodically, working capital, 2nd sinking funds it as well as other costs and expenses relating to the general common elements. er The omission or failure of the Board of Managers to fix the assessment for An any period shall not be deemed a waiver, modification or a release of 11 the owners from their obligation to pay the same. tament 20. INSURANCE. ich (a) The Board of Managers of the Association shall obtain and the maintain at all times, to the extent obtainable, policies involving Out standard premium rates, established by the Colorado Insurance Commissioner, and written with companies licensed to do business in Colorado and having a Best's Insurance Report rating of AAA or ei r better covering the risks set forth below. The Board of Managers nant of the Association shall not obtain any policy where: (i ) under W, any l 44,Â¥ 4,7,*ne.%*'im'*.7.-rÂ¢ al.Thit or (11) bjithe till:/ i F Y er'11 &68;ter, i â€¢Djit#924*46>*4180* O*00114& 10*5 paâ€¢lintliar' O.'AWge.~ u,., ae'l., 41 70* c'EM' 'Eue.- #.#"Â§â€¢919*,~,5 Ill#l of Directorig pollâ‚¬Yholdiri Or, Ill~IM6**r 474-ap..a 14 11*17 the palic,Ancludes any limittn, claus- Cother tnatff- f 4&:412##Gt6~144;immur=cd condfllons) which could pret*nt martgagies or thâ€¢' **14*k #2*UNPIertgagimi from collecting insurance proceeds. The typ-of ~**~**fft Â·4:1 C..rage*:?*,be Obtained and risks to be cocered are arlollows, 4311: #Ad,KRE-Â¢t~Â·J-1:*ta-'Vit;:.D:N<..3Â·i .1. t *.144/21;%:e-=... 44 ..~* :".~11)-Are insurance with extended coverage and all +96:w Hsk e.dorsements, which endorsements shall include endorsements r '. -2.:f- ..4..0....~ 4.>v:*foft- "'.:~f ' for vandalism; mall cious mischief, boiler explosion and machinery i, * '4,44Â· 44%414'~ with a minimum endorsed amount of $50,000 per accl dent per location. 4 4 ~4211 7. -.% 'A~.1.~.~ Said casualty insurance shall insure the entire condominium project 6, J li4~4.04:4â‚¬f >:'â‚¬5 * and an* property, the nature of which is a conmon element (including â€ž 447 all of the Units, fixtures therein initially installed by the fy < 981*93..4.-75 Declarant but not including furniture, furnishings or other personal supplied by or installed by Unit owners) together with all %r . 1 service equipment contained therein in an amount equal to the full replacement value, without deduction *or depreciation. All polices shall contain a standard non-contributory mortgage clause in favor of each mortgagee of a Condomini um Unit, which shall provi de that the loss, if any, thereunder, shall be payable to THE RME-GIK CONDOMINIUM ASSOCIATION, INC., for the use and benefit of mortgagees as their interest may appear. LU 5>l 9 (2) If the condominium project is located in an area 4 identified by the Secretary of Housing and Urban Development as an area having special flood hazards and the sale of Flood Insurance has been made available under the National Flood Insurance Act of 1968, a "blanket" policy of flocd insurance on the condominium project in an amount which is the lesser of the maximum amount of insurance available under the Act or the aggregage of the unpaid principal balances of the mortgages on the Condominium Units comprising the condominium project. (3) Public liability and property damage insurance in such limits as to the Board of Managers of the Association may from time to time determi ne, but not in an amount less than $200,000 per injury, per person, per occurrence, covering all claims for bodily injury or property damage. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other use of the project. Said policy shall also contain a "severability of interest endorsement." (4) Workmen's Compensatior and employer's liability insurance and all other similar insurance in respect to employees of the Association in the amounts and in the forms now or hereafter reg u i re d by 1 aw, (5) The Association shall purchase, in an amount not less than one hundred fifty percent (150%) of the Association's estimated annual operating expenses and reserves, fidelity coverage against dishonesty of employees, destruction of disappearance of money or securities and forgery. Said policy shall also contain endorsements thereto covering any persons who serve the Association without compensation. (6) The Association may obtain insurance against such other risks, of a similar of dissimilar nature, as it shall deem appropriate with res pect to the project, including plate or other glass insurance and any personal property of the Association located thereon. Â»42*Â«'Â·1~Â·4~44.* l ..0 ~Cit; , ...4 . + ., 9, . â‚¬92*,I,1,2.''ru24'Vi *3:fia;;4.0..~A Mi kif;~~ ff contdi" 4.1.r* of **ro~41* ~t.* 4.E Ilr/~ based on ~mmâ€ž*/4~*Ill#.1*Iq*/~, le Shall 11.41 1.1Â¥ art,ing fl,â€¢ an,P *w*flf*telâ€¢-1.1*J~* *-r and shal~*provt**at such~DoDefelt *Naf~<***~~*Â¤**,r modlfled without at least ten (10~= 44*** ppli wr*tÂ¢-*0***Â¥4*11 of the insurGds, includin, mort,li-IM:' 0*licat,700#*im,m or all policies 0,4,19:/bill/Fli 'll//ribg.F, to@.ther 0/4,/1, PN/:11 1/ifj 'llui//Igi-atift#/4/ Pr-1- , f shall b. ditiverid to all mortgagle, atÂ· liest t**101 days prior 4 00 expiration of the then currit polkies, 11* insurance shall be carried in blanket form naming th* ROME-GIK COM00NOMINIUM ASSOCIATION, INC., as the insured, as attorney-in-fict for all of the Condominium Unit owners, which policy or policies shall identify the interest of each Condominium Unit owner (owner's name and Unit Number designation) and first mortgagee. i (c) Prior to obtaining any policy of fire irsurance or renewal thereof, the Board of Managers of the Association shall obtain an appraisal from a duly qualified real estate or insurance appraiser, which appriaser shall reasonably estimdte the full replacement value of the entire condominium project, without deduction for depreciation, for the purpose of determining the amount of the insurance to be effected pursuant to the provisions of this insurance paragraph. In no event shall the Insurance policy contain a co-insurance clause for less than itinety percent (90%) of the full replacement cost. Determination of maximum repl acement val ue shall be made annually by one or more written appraisals to be furnished by a person knowledgeable of replace- nent cost, and each mortgagee shall be furnished with a copy thereof, within thirty (30) days after receipt of such written appraisals. Such amounts of insurance shall be contemporized annually in accordance with their currently determi ned maximum replacement value. (d) Unit owners may carry other insurance for their benefit and at their expense, provided that all such policies shall contdin waivers of subrogation, and provided further that the liability of the carriers issuing insurance obtained by the Board of Managers shall not be affected or diminished by reason of any such additional insurance carried by the Unit Owner. (e) Insurance coverage on furnishings, including carpet, draperies, oven, range, refri gerator, wallpaper, disposal and other items of personal or other property belonging to an owner and public liability coverage within each Unit shall be the sole and direct responsibility of the Unit owner thereof, and the Board of Managers, the Association and/or the Managing Agent shall have no responsibility therefor. (f) In the event that there shall be any damage or destruction to, or loss to a unit which exceeds $1,000 or any damage or destruction to. or loss to the common elements which exceeds $10,000, then notice of such damage or loss shall be giv .n by the Association to each first mortgagee of saic Condominium Unit within ten (10) days after the occurrence of such event. 21. OWNERS' PERSONAL OBLIGATION FOR PAYMENT OF ASSIGNMENTS. The amount of the common expenses assessed against or incurred on account of each condominium unit shall be the personal and individual debt of the owner thereof. Sult to recover d money judgment for unpaid common expenses shall be maintainable by the Association or the managing agent, or dny aggrieved owner without foreclosure or waiving the lien securing same No owner may exempt himself from liability for his contribution towards the common elements or by abandolment of his unit. d 3.. 17 -.1,0~.92~-'~*Â·~*719;9> ' 22. LI~FOR NONPAYMENT OF COÂ»ION EXPENSEÂ£ *1 Su,* dul butt i l. :, unpaid for thlllhare of Common Expenses chargeable I any *Idani u,# Unit, i ncl uding interest thereon at eight percent per ann-,2 shall constitute a lien for the benefit of the Association on such unit superior (prior) to all other liens and encumbrances except: (a) Tax and special assessment liens on the Unit in , favor of any assessing enti ty; and (b) All sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obliga'tory s ums as may be provi ded by s uch encumbrance, i ncl udi ng addi tional advances, refinance or extension of these obligations made thereon prior to the arising of such a line. To evidence such lien the Association by its offi cers and directors must prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the defaulting Owner of the Condominium Unit and a description of the Condominium Unit. Such a notice shall be signed by the authorized representative of the Association or the Managing Agent, and may be recorded in the office of the Clerk and Recorder of the County of Pitkin, State of Colorado. The Association must notify each first mortgagee of record of its mortgagor's faill,re to pay to the Association any assessments due and owing whi ch failure to pay is not cured within thirty (30) days. Such lien for the Common Expenses shall attach from the date of the failure of payment of the debt, and may be enforced by foreclosure on the defaulting Owner's Condominium Unit by the Associaticn in like manner as a mortgage or deed of trust on real property upon recording of a notice or claim thereof. In any such foreclosure the defaulti ng owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney's fees. The defaulting Owner shall also be required to pay to the Association a reasonable rental for the Condo- minium Unit durinr the period of foreclosure, and the Association shall be entitled to a receiver to collect the same. The Association chall have the power to bid in the Condominium at foreclosure sale and to acquire and hold, lease, mortgage and convey same. The amount of the Common Expenses chargeable against each Condo- minium Unit and the costs and expenses, including attorney's fees, of collecting the same shall also be a debt of the Owner thereof at the time the same is due. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same. Any encumbr ncer holding a lien on a Condominium Unit may pay any unpaid Common Exp-nse payable with respect to such Unit, and upon such payment such encu brancer shall have a lien on such Unit for t.'e amounts paid of the same 'ank as the lien of his encumbrance. 23. LIABILiTY FOR COMMON EXPENSE UPON TRANSFER OF CONDOMINIUM uNIT-Â· Upon payment of a reasonable fee not to exceed ten dollars and upon the written e(west of any Owner of any Mortgagee or prospective Mortgagee of a Coidominium Unit, the Association shall issue a written statement settine forth the amount of the unpaid Common Expenses, if any, with respect to + ,e subject Unit, the amount of the current monthly assessment and th date such assessment becomes due, credit for advance payments or preop d items. including but not limited to insurance premiums, which should be c mclusive upon the issuer of such statement in favor of all persons who r Â·ly thereon in gocd faith. Unless such request for a statement of indr.btedness is complied with within ten days, all unpaid Common Expenses w ii ch become due prior to the date of making such request shall be subordir ate to the lien of the person requesting such statement. he grantee of a condominium unit, except for any first mortgagee who ron'pq into pr; veqsion of a condominium unit pursuant to the remedies provi ded in its Ii,ortgage or deed of trust, or becomes an owner of a condominium unit pursuant to foreclosure of its mortgage or by the taking of a deed in lieu thereof, shall be jointly and severally liable wiuh the | Irl#**4' ***10* M 10* *IR,IM griator the W.==4"Il,1...0.Mt t-' 11 shall 64 eâ€¢tttlld 4 0 ~bilk~~Ul~a~ng 101, 1110 1 # fÂ®@#Im-r Ilt Sitting for* the? *6~**Eme ~~ld . it Ilf 401**' r~plit W the su~h* Urlt. 1***~~ of the =20.....IN' 1Â¥~ an~th~dato Bat **4' ~~*S~~ 6~~0* due **el/bit~:.* adi~#/4 0=-4 0 10+ prepaid i te/1, f//Bit///E/vt not li;1 ted *90 51*040% 1*~IN, pâ€¢-11-. which shall -Â· coleT-1- up- the,1**uer of such *'13Â¥915-4*tatomentl. :.*Als, such mquest fer a statimt-of 1,1*bte*-* shall be 70&31%451*111*wit. Mithf. tai des of such re*uest. thin suci, Ir..tee shall riot ,; 323*6~'1=q n..,~n,29*10, shall the limit conveyed be st*ject to *llen for, any Clf**#pÂ¢*VIMâ€¢fg* a.,1.,Ilt* against the subject Unit. *82*4 *ff Â«4 24.' MORTGAGING A CONDOMINIUM UNIT - PRIORITY. An 0-er shall have (~*173%113;lhe rlght from tim to time to mortgage or encuter hig interest by deed ..<b?Â¥ff#449'.i, Of truit, mortgage or other securl ty instrument. A first mortgage shall - :w / Â·V *451:,jl@TU:iÂ· :0, be one which has first and paramount priority under applicable law. The **ypp"F a,ner of a condominium unit may create junior mortgages, liens, or mi . 2 -Dculbrances on the following condi ti ons: ~4?*...4-JÂ·t;:*il... 3%44*Aht 24.1. That any such junior mortgages shall always be 644Â·11-y; 37~ Â· subordinate to all of the terms, condi tions, covenants, restrictions, uses, limitations, obligations, liens for conmon .... 441 expenses and other obl igations created by this Declaration, the Articles of Incorporation and the By-Laws for the Assocl ation. 494 ?: .,:..0 25.2. That the mortgagee under any junior mortgage shall releases for the purpose of restoration of any improvements upon the mortgaged premises, all of his right, title, and interest in and to the proceeds under all insurance policies carried upon said premises by the Association. Such release shall be furnished forthwi th by a junior mortgagee upon written reg uest of one or more of the membe rs of the Board of Managers of the Association. 25. ASSOCIATION AS ATTORNEY-IN-FACT. This Declaration does hereby make mandatory the irrevocable appointment of an attorney-in-fact to deal with the improvements to the condominium project upon their condemnation, damage, destruction, or obsolescence. Title to any condomini um unit is declared and expressly made subject Lo tho terms and conditions hereof, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or from any owners or grantor shall constitute appointment of the attorney-in-fact herein provided. All of the owners irrevocably constitute and appoint the Association their true and lawful attorney in their name, place, and stead for the purpose of dealing with any improvements within the condo- minium project upon their condemnation or damage, destruction, or obsoles- cense, all as is herei nafter provided. As attorney-in-fact, the Association by its President and Secretary of Assistant Secretary, shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with rns pect to the interest of a condomini um unit owner which are necessary and appropriate to exercise the powers herein granted. Repai r and reconstruction of the improvements as used in the succeeding subparagraphs means restoring the improvements to substantially the same condition in which they existed prior to the damage, with each unit and the general and limited common elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair, restoration, or replacements unless the owners and all first mortgagees agree not to rebuild in accordance with the provlslons set forth hereinafter. 25.1. In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvements, shall be applied by the Association, as attorney- in-fact, to cause the repair and restoration of the improvements. 1 -10- 1, 3.t Â· r '.1 -k'-7*2:.~ -lult '1.:71~11. : 7%;41!. 9 25.21~~ltÂ»f~#FraÂ¢*dij#Ad.'WAN"/64 70 4 4 ./ ..- 3/2 fir, 1 am 1*suflent M Npa4.=,Ad ive~ truet-N,~ 7~09.*ts j :, lift:, 49. sud, d.ag.+ .Â® dut~ueti *>**14 b.. *hâ€¢ly, p)#,ptÂ¥fâ€¢*j#t~ :~.f 4 { 1 4 *.,. and reconstr~Â¢6/ 6011/6*LII*w,Blatil*WA /*61WttaNNIMM/1,1*/9,*CA*. ., . 21/01â‚¬ , t.t A.rj 9/ 4.fng th.-Pmeâ€¢.* WAR,Insue..flfll, ..0/00.... O, ...1.2 1 0 assess=nt If thi 11â€¢surance-proilâ€¢46 ~r*:10â€¢ufficle,*~ 1.,â€¢* , made agdnitall of the o,moil# **r *+Di 40,40*18,44* Il***0.. unless all owner and all first mort,gies of remrd st t#le tl me of mcoltruction ag,-91*t *treconstrÂ®t. 40â€¢d*'aâ€¢*as- ment shall be * com- expense ant 0*de pn, ratiatco~tâ€¢* te each owner's percentage intâ€¢rest in the generil coil* ellments and shall be due and payable withill thirty (3~) d<b after written noti ce thereof. The Association shal T hal full M authority, right and power, as attorney-in-fact. to cause the 1 repair or restoration of the improvements using all of the 1 insurance procees for such purpose notwithstanding the failure of an owner to pay the assessment. The assessment provided for herein shail be a debt of each owner and a lien or, his condomini um unit and may be enforced and collected as ls provlded ln paragraphs 22 and 23. In addition thereto, the Association, as attorney-in- fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such deficiency, within the time provided, and if not so paid, the Association shall cause to be recorded a noti ce that the condominiun unit of the delinquent owner shall be sold by the Association, as atto.ney-in-fact, pursuant to the provis ions of this paragraph. The del inquent owner shall be required to pay the Association the costs and expens es for filing the notices, interest on the amount of the assessment at the rate of eight percent (8%) per annum and all reasonable attorney's fees and costs incident to a sale. The proceeds deri ved from the sale of such condo ninium unit shall be used and disbursed by the Association, as attorney-in-fact, in the fo 11 ow i ng o rde r : 25.2.1. For payment of taxes and special assessments made bi the Association whether or not recorded as liens as of the date of sale and customary expense of sale; 25.2.2. For payment of the balance of the lien of any first mortgage; 25.2.3. For payment of unpaid common expenses (other than spec;al assessment) and all costs, expenses, and fees incurred by the Association; 25.2.4. For payment of junior liens and encumbrances in the order of and to the extent of their priority; and 25.2.5. The balances if any, shall be paid to the uni t owner. 25.3 The owners representing an acgreaate ownership interest of One Hundred Percent (100%) or more of the Common Elements may agree that the Common Elements are obsolete and adopt a plan for thei r renewal and reconstruction, which plan must be unanimously approved by all first mortgagees of record at the time of the adoption of such plant prior to its implementation. If a plan for renewal of reconstruction is adopted, notice of such plan shall be recorded, and the exnense of renewal and reconstruction shall be payable by all of the owners as common expenses; provided, howeveÂ·, that an owner not a party to such a plan for renewal or reconstruction may give written notice to the Association within fifteen ( 15 ) days after the date of adoption of such plan that such unit shall be purchased by the Association for the fair market value thereof. The Association shall then have thi rty days (thereafter) within which to cancel such plan. If such plan is not cancelled, the condominium unit of the requesting owner shall be purchased according to the following procedures. If such owner and the Association can agree on the fair market value thereof, then such sale shall be consummated within thirty . ~ ...r, (30) days thereafter. If the parties are una*W ag*the date wh~~i ther party noti fies the other tha or it is unable 1 .1 . to agre th the other shall be the "commencement date" from which all periods of time mentioned herein shall be measured. Within i ten (10) days following the cornmencement date, pach party shall ~ nominate in writing (and give notice of such nomination to the other party) an appraiser. If either party fails to make such a nomination, the app raiser nomi nated shall, within five (5) days after i default by the other party, appoint and associate with him another I appraiser. If the two designated or selected appraisers are 1 unable to agree, they shall appoint another appraiser to be umpi re between them, if tt ey can agree on such person. If they are unable 1 to agree upon such impi re, each appraiser previously appointed ~ shall nominate two opraisers, and from the names of the four appraisers so nomi ted one shall be drawn by lot by the appraiser appointed by the o ar in the presence of the other appraiser, and the person whose n e was so drawn shall be the umpi re. The nominations from w im the umpire is to be drawn by lot shall be submitted within t n (10) days of the failure of the two appraisers to agree, which, in any event, shall not be letter than twenty (20) days following the appointment of the second appraiser. The decision of the ariraiser's as to the fair market value, or in the case of their dis greement, then the decision of the umpire, shall be final and bind Ig. The expenses and fees of such appraisers shall be borne equally j the Association and the owner. The sale shall be consummated withi 1 fifteen (15) days thereafter, and the Association, as attorney-in-fact, shall disburse the proceeds for the same purposes and in + le same order as is provided in subparagraph 25.2.1 through 2 2.5 of this paragraph, except as modified herein. 25.4 The ners representing an aggregate ownership interest of One Hundred cent (100%) or more of the Common Elements may agree that the ,mon Elements are obsolete and be sold. Any such plan for t sale of the condominium units must be approved by all of the m tgagees of record at the time of the adoption of the plan. such instance, the Association shall forthwith record a notic etting forth such fact or facts, and upon the recordi ng of s notice by tne Association's President and Secretary or / stant Secretary, the entire premises shall be sold by the A: .iation, as attorney-in-fact for all of the owners, free 2 clear of the provisions contained in this Declaration, t e Map and By-Laws. The sales proceeds shall be apportir ned b, :ween the owners on the basis of each owner's percentege ir arest in the general common elements, and such apportirned K oceeds shall be paid into separate accounts, each such acc junt representing one (1) condominium unit and each such account .hal be in the name of the Association and shall be further ider ified by the condominium unit designation and the name of the owner. From each separate account, the Association, as attoriey in-fact, shall use and disburse the total amount (of each) of s -h accounts, without contribution from one account to another, for the same purposes and in the same order as is provided in subpa 'a:graph 25.2.1 through 25.2.5 of this paragraph. 25. if at any time or times during the continuance of the con inium ownership pursuant to this Declaration, all or any pa, )f the property shall be taken or condemned by any public aithority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. (1) Proceeds. All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "Condominium Award," shall be payable to the Association, as attorney-in-fact. (2) Complete Taking. In the event that the entire Project is taken or condemned, or sold or otherwise disposed ot in lieu of or in avoidance thereof, the Condominium Ownership pursuant thereto shall terminate. The Condemnation 19 8.01.~ 4Â·â€¢*r...a e Â·,3Â· ~ [-11(344 PACE 4OG â‚¬09yiff.t . Award shall be apportioned among the Owners on the Bisis of each Owner's fractional interest in the Common Elements, #2-DZ*#Â· ,Â·. provided that if a standard different from the value of the property as a whole is employed to measure the Condemnation Award in the negotiation, judicial decree or otherwise, then in '*:fÂ¥ 1 determi ning such shares the same standard shall be employed to - the extent it is relevant and applicable. f-: On the basis of the principle set forth in the last preceding paragraph, the Attorney-in-Fact shall, as soon as practicable, determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be paid into separate accounts and distributed jointly, as soon as practicable, to the unit owner and its first mortgagee of record at the time of the distribution. (3) Partial Taking. In the event that less than the enti re Project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condominium Ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award to be determined in the following manner: As soon as practi cable, the Attorney-in-Fact shall, reasonably and in good faith, allocate the Condemnation Award between compensation, damages, or other Droceeds, and shall apportion the amounts so allocated among the Owners, as follows: (a) the total amount allocated to taking of or injury to the Common Elements shall be apportioned among the Owners on the basis of each Owner's fractional interest in the Conmon Elements, ch) the total amount allocated to severance damages shall be appo, .i.ned to those Condomini um Units which were not taken or condemned, 6., 27 V.acnprtive amounts allocated to tbe taking of or injury to a particular Unit and/or improvements an Owrer had made within his own Unit shall be apportioned to the particular unit involved. and (d) the total arnount allocated to consequential damages and any other taking, or injuries shall be apportioned as the Attorney-in-Fact determines to be equitable i n the ci rcumstances. If an allocation of the Condemnation Award is already established in negotiation, judicial decree, or otherwise, then in allocating the Condemnation Award, the Attorney-in-Fact shall employ such allocation to the extent it is relevant and applicable. Distribution of apportioned proceeds shall be disbursed as shown as practicable in the same manner provided in subparagraph 25.2.1 through 25.2.5 of this paragraph. (4) Reorganization. In the event a partial taking results in the taking of a complete lJnit, the Owner thereof automatically shall cease to be an Owner under this Declaration. (5) Reconstruction and Repair. Any reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in subparagraph 25.2 of this paragraph. 26. PERSONAL PROPERTY FOR COMMON USE, The Managing Aoent or any Owner may, with the consent of all Owners, acquire and hold for the use and benefit of all the Condominium Owners, real, tangible and iritannible personal property and may dispose of the same by sale or otherwise witt' the approval of all first mortgage holders of record at the time of hal, . and the beneficial interest in any such property qhall be owned by the Condominium Owners in the same proportion ds their respective interes in the Common Elements and shall not be trans ferable except with a transfer to the transferee ownership of the transferorts beneficial interes; in such property without any reference thereto. Each Owner may Nie ouch property in accordance with the purpose for which it is intended, without transfer of title to a Condominium Unit under foreciosere shall entitle the purchaser to the beneficial interest in such pe rsonal property associated with the foreclosed Condominium Unit. 213 I ./ ./. 9 ::I I: . I.|~ ~~r,.,.%'ll--Â·... - 1~.'ll ./.) .1,1 46* PAGE 4tk) . 1 . -1 4 . 27. MAILING OF NOTICES. Each Owner shall 'register his mallt*gÂ· address with the other Owners or Managi rig Agent and all notices of demands intended to be served upon any Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices or demands intended to be served upon the Owners or the Managing Agent shall be given by registered or certified mail, postage prepaid, to the reglstered address thereof. All noti ces or demands to be served on Mortgagees pursuant hereto shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the Mortgagee may have furnished to the Owners or Managing Agent in writing. Unless the Mortgagee so furnishes such address, the Mortgagee shall be entitled to receive none of the noti ces provided for in this Decl aration. Any notice referred to in this Section shall be deemed given when deposited in the United States mail in the form provided for in this Section. 28. PERIOD OF CONDOMINIUM OWNERSHIP. The separate condominiur estates created by the Declaration and the Map shall continue until this Declaration is revoked in the manner and as provided in Paragraph 18 of this Declaration or until terminated and in the manner as is provided in subparagraphs 25.4 and 25.5 of this Declaration. 29. GENERAL. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any ci rcumsiances be invalidated, such invalidity shall not affect the validity of the remai nder of this Declaration. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Owneeship Act of the State of Colorado and to all other provisions c f 1 aw. (c) Wkenever used herein, unless the context shall otherwise proÂ·.ide, the singular number shall incluoe the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, Declarant has duly executed thir Declaration this 6/ day of &*48,97, 1977. FeBRâ€¢.Ay DJLVI,~*#. ~~ S A, /7 ' y l Q,L43 Date ~ '3 0-4.fL~--/1 1 Â£/,U4--- Beverly Mars &. STAT E OF COLORADO 55. County of Pittin the foregoini, iristrument Wds acknowledged before me this ~-7- flay ,) f iA,Tui,~, 19/ , by Dal, and Beverly Mars. Wit.ness Hy h,jnd and off ici,il ger,1. My commission expires: SId.Il, 1920 2 4*1 4â€¢.t Â«- UL..,4 U.k1 NOO ry71 iNTi c 0 . . 324 PACE 431 34 EXHIBIT A TO CONDOMINIUM DECLARATION ROME-GIK CONDOMINIUM UNIT NUMBER % OWNERSHIP OF COMMON ELEMENT 1 50% 2 50% 100% i .. Hopeward Property Development LLC C/O Howard B. Kessler and Hope C. Lefeber and Gilbert T. Vanderaa III and Emily Kolbe 617 North Fourth Street Units 1 and 2 Rome-Gik Condominiums July 1,2010 Dear Jennifer: As the owners of Units 1 and 2 in the Rome-Gik Condominiums at 617 North Fourth Street in Aspen, this letter authorizes Davis Horn Incorporated, Glenn Horn and Alice Davis, to act on our behalf and represent us in the land use review process for this property. We are requesting approval to amend our condominium plat to reflect additions to the condominium made over the years. This is a two unit condominium and the four of us represent the entire ownership within the condominium. There is no homeowners association. Davis Horn Inc is located at 215 South Monarch Street, Suite 104 in Aspen, CO, 81611 and can be reached at 970 925-6587. Please call if you need anything further. Sincerely, ba V Q Howard Kessler Gilbert T. Vanderaa III 6.2 2 224_ Hope C. Lefeber Emily Kolbe .. Glenn Horn From: Glenn Horn [ghorn@rof.net] Sent: Tuesday, July 20, 2010 3:12 PM To: 'Jennifer Phelan' Subject: Rome Gik Condominium Plat Authorization Letter Jennifer: Attached for the Rome Gik Condominium Plat file is an authorization letter signed by Gil Vanderaa and Emily Kolbe. This is the missing letter. I will send a hard copy. Glenn Davis Horn Incorporated Glenn Horn AICP 970-925-6587 1 â€¢ O 441â€¢chet 9 ALTA Commitment For Title Insurance i -4 Lawyers Title ~46~ - INSURANCE CORPORATION AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3mFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: TJ Davis - (tjd@sopris.net) Tom Twitchell - (tomt@sopris.net) Joy Higens - (joy@sopris.net) Brandi Jepson - (brandi@sopris.net) - Closing & Title Assistance Issued By i P; Lawyers Title ~ w INSURANCE CORPORA1MON Home Office: 5600 Cox Road Glen Allen, Va. 23060 B 1004-268 .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 2,2010 at 8:00 AM Case No. PCT22859L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate PROFORMA (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: HOPEWARD PROPERTY DEVELOPMENT LLC, AS TO PARCEL 1, GILBERT T. VANDERRA, 111 AND EMILY E. KOLBE, AS TO PARCEL 2 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: Â»3677-..:1..1A..V.1-7 / U i".VZ .. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 UNIT 1, ROME-GIK CONDOMINIUM, according to the Plat recorded February 4, 1977 in Plat Book 5 at Page 62 and further defined and described in Condominium Declaration recorded February 4, 1977 in Book 324 at Page 420. PARCEL 2 UNIT 2, ROME-GIK CONDOMINIUM, according to the Plat recorded February 4,1977 in Plat Book 5 at Page 62 and further defined and described in Condominium Declaration recorded February 4, 1977 in Book 324 at Page 420. .. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. .. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 8, 1888 in Book 55 at Page 2. 8. Terms, conditions, provisions and obligations as set forth in Statement of Exemption recorded February 4, 1977 in Book 324 at Page 419. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for ROME-GIK recorded February 4, 1977 in Book 324 at Page 420, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded February 4, 1977 in Plat Book 5 at Page 62. 11. Easements, rights of way and all matters as disclosed on Survey of subject property recorded February 20,2002 in Plat Book 59 at Page 89. 12. Deed of Trust from HOPEWARD PROPERTY DEVELOPMENT LLC To the Public Trustee of the County of PITKIN For the use of : WELLS FARGO BANK Original Amount : $2,551,250.00 Dated February 7,2008 Recorded February 8,2008 Reception No. :546412 Note: The above Deed of Trust affects Parcel 1. (Continued) .. SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 13. DEED OF TRUST FROM : GILBERT T. VANDERAA Ill AND EMILY E. KOLBE TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN FOR THE USE OF : METROCITIES MORTGAGE, LLC TO SECURE : $1,000,000.00 DATED . January 11, 2007 RECORDED : January 12, 2007 RECEPTION NO. : 533299 Note: The above Deed of Trust affects Parcel 2. 14. DEED OF T R U ST F R O M : G I L B E RT T . VA N D E RAA 111 A N D EMILY E. KOLBE TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN FOR THE USE OF : METROCITIES MORTGAGE, LLC TO SECURE : $350,000.00 DATED : January 11, 2007 RECORDED : January 12, 2007 RECEPTION NO. : 533300 Note: The above Deed of Trust affects Parcel 2. .. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likeljhood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE.The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. . 1 V .. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021009062 REFERENCE:PCT22859L/PROFOMA .. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Â· Information we receive from you, such as your name, address, telephone number, or social security number; Â· Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. .. Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: â€¢ Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; â€¢ Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; â€¢ Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and â€¢ Information we receive from consumer or other reporting agencies and publicly recorded documents. 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We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 -.. Effective Date: 5/1/2008 -Disclosure *Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. 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However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the-purpose_gf.handling future coverage claims. For your protection, all requests made_ur_Â®Chis section must be in writing and must include-your notarized signature to establish your identity Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 ... . A tlev First Amended CONDOMINIUM MAP OF THE ROME-GIK CONDOMINIUMS t According to the Condominium Map thereof recorded February 4, 1977 in Book 5 at Page 62 and further defined and described in UDNHOLDER CONSENT s- FND., #5 Rebor Condominium Declaration recorded in as Reception No. 54â‚¬412. which Deed of Trust encumbers Unlt 1 as Wans Fargo Bank. N.A. being the bene#clary of that certahn Dead of Trust recorded February 8,2008, February 4, 1977 in Book 324 at Page 420 Dedarotton in accordance with the covenants, reservutions, easements, ob#gotions and conditions shown hereon. hereby consents to and approves the f#ing of this Map and the countv Of Pitkin, City of Aspen, State of Colorado Map and the Deckration, (but no other title matters). oppecring hereon and therem and agrees that the #en of sold Deed of Trust sho# be subord/nate to this Executed thls day of , 2010. Certiflcate of Ownership and Dedkation to Condominium Ownership B/9 A' 424 Â£52 ~ Wells Fargo Bank, NA B, Know a# men by these presents that the undersigned, being the sole owner of c# that rea/ Noma property situated in the City of Aspen, Pitkin County. Colorado. said real property being more WifeÂ· particulorly described as follows: Unit 1 Rome-Glk Condominium STATE OF ) According to the Condominium Map thereof recorded February 4, 1977. in Book 5 at Page 62 COUNTY OF ~S and further defined and described In The foregobig Le/nhoider Consent was acknowledged before me this - doy of the Condominium Declaration recorded FND., #5 Rebar GRAPHIC SCALE February 4.1977. in Book 324 at Page 420. of WW/s Fargo Bank. ALA. 2010, by .R and Yellow Plastic Cap County of Pitkin. State of Colorado; HUNESS my hand and offic/0/ sed My Comm/ssion expires: 8 -LE #29030 1~ 40 That said owner has caused soid real property to be further laid out, surveyed and condominiumized pursuant to this First Amended Condominium Map as Unit 1. Rome-Glk Condominium, County of Pitkin. State of Colorado, Notary Public and that said owner does hereby reoffirrn the dedication of said property, together with oll ( IN FEET ) improvements thereon and appurtenances thereto now or hereafter existing, to condominjum 1 inch = 10 ft ownership in accordance with Colorado low, and hereby reoffirms the imposition upon such real Metrocities Mortgage, UC bs#ig the benenclary of that certchi Deed of Trust recorded January 1% 2007, 66#ZY/Quilaa/ZAUL 98225'29"E Y 4.~1' with any amendments or supplements thereto. which Declaration does and sha# run with the real property Declarotion in accordance with the covenonts. res,votions. eosements, ob#gations end conditions property of the terms, conditions, covenants. restrictions, easements, reservations, uses, as Reception Nc. 533299, wh/ch Dead of Trust encumbers Unit 2 as E. Unit 1 E Un/" Executed this doy of , 2010. 126.07 #mitations and obligations set forth in the above-referenced Condominium Dec/aration (the tec/crationÂ»1 together shown hereon, hereby consents to and approves the ming of this Map and the Deck ~ ,#_ ~17.-48--4.-"-~ - A-~Â¥-,4,- and sha# be o burden and benefit to said owner, and any appear/ng hereon and therein and agrees that the #en of aa/d Deed of bit shon be subordinate to thts 54.50 L. C 77#a: ~ ~ other pemon ocqu#ing or owning an interest in the real pmperth and thek respective grantees, Map and the Dedarat/on, (but no other tme matters). , 2 ...f.Ji ; . successom, heirs. personal representatives. executors. administrators. devisees or assigns. Erecuted thts day of 2010. LCE Unit 2 11.90 , . By: Hopeward Property Development, LLC Metrodtles Mortgage, LLC , 44 4 si Bye 4 617 NO+th 03 $~ Howard B. Kessler. Member By: Name: 30.97' ~ 45 11,90 . 7. LCE 2%7 1 z 0 Â°1 Fourth FLitreet 4.60 COUNTY OF ) Hftnoss my hand and omdo/ 122Â£MOLGQ&62 By STATE oF ) / 41, 'A 253' 3 3 ,4,2 ~ L Unit # 2 0% 1 4,375 Sq. Ft +/- STATE OF ) Gravel Parking Y Hope C. Lefeber, Member Area Re foregoing Le#,hoMer Consent was acknowledged before me thts - doy of 4$... 0. , , LJ 105 ./ .; I . 3 Parking ) as. Fence line Concrete 9 - 2 Unit # 1 2010. by - of LCE. 6,7/t 2 211 1 ~ ~,~ _& 2 4 Spaces COUNTY OF ) MINESS my hand and omcial seal. My Commiasion e*Ires: _S 81'47'21* E #2.23 2010, by Howard 8. *assar, as o Member of HCEÂ»ARD PROPERTY Notary Public 21 e 8 h FND.. #5 Rebar The foregoing Mstrument was ocknowiedged before me th/s _- day of V 48 DEVELOPMENT, LLC, a Colorado limited liobility company. and Yellow Plastic Cap walk LS. #29030 LCE Unit 2 N 8622'57* E 0 My commission **ires: Metroc/ties Mortgage, UC behig the benefidary of that certain Deed of Truat recorded January 11, 2007. as Reception No. 533300, which Deed of Trust encumbers Un# 2 as rx Notary Public Deckrotion M accordance w/th the covenant* reservattons. easements, ob#gotions and condmons shown hereon. hereby consants to and approves the fling of thts Map and the STA,E oF ) appag her,on and therein and ogrees thot the #en of sald Deed of Th,st sha# be subor*ate to thls ) as. Map and the Dedoration. (but no other #Ue matters). COUNTY OF ) Executed this doyof , 2010. FND., #5 Reoar and yellow plastic 11}0 197*go#:9 hstrument was acknowledged before me this -day of cap LS. #29030 DEVELOPMENT. LLC, o Colorado limited liat#Ity company. , 2010, by Hope C. Lefeber. as o Member of HOPEWARD PROPERTY Metroaties Mortgag4 UC F ' 1.5 Witness Corner 0% I. Witnes my hand and omcial seal. %. LINE TABLE Myct,nm**me* Nome:, 77#kr UNE LENGTH BEARING STATE OF ) 1 500 N 4th St. j ps Ll 69.10 N 83'24'57 W Certificate of Ownership ond Dedication to Condomintum Ownership COUNrf OF L2 2.11 N 629'47* E ~ Know c# men by these presents that the undersigned. being the sole owners of a# that red 7he foregobng Leinho/der Consent woa acknowledged before me thle - doy of ,:-<bli L3 8.03 N 83'30'13* W k Â¢Â¢ property situated h the City of Aspen, Pitkin County, Colorado, scid real property being more 2010. by Of L4 7.27 N 629'47Â» E ~ particularly described as fonows Unit 2 Rome--Gik Condominium WITNESS my hand and offictal seal. My Commission expires: Sheet Index L5 3.87 N 8350'130' W 40 According to the Condomink,m Map thereof L6 11.18 S 716'37* W recorded February 4, 1977, in Book 5 at Page 62 Notary Public 4 and *,rther defined and described M Sheet 1 - Certificates,Map Notes and Site Plan L10 2.65 S 1432'58" E 00 the Condominium Dedcration recorded Gammund,INGZkWAgmmt 122=tnck- CAdlm:ak Sheet 2- Intertor dimensiona and e=terior elevations l.11 5.90 S 8320'13" E 0 February 4,1977. in Book 324 at Page 420, 11,/s Condominjum Map was approved by the Community Davelopment Director of the City of Aspen, L12 2.40 S 629'47" W County of Pitkin, State of Colorado; Colorado. signed thfs=__ day of , 2010. L13 12.70 S 83'30'13" E condominiumized pursuant to this First Amended Condominium Map Pr That said owner has caused said real property to be further laid out, surveyed and L14 3.81 S 056'0" W as Unit 2, Rome-Gik Condominium, County of Pitkin, State of Colorado, Community Development Director L15 18.97 N 8473* W and that scid owner does hereby reaffirm the dedication of sald property together with all Vicinity Map 1 "=1000' .16 6.40 14 629'47Â» E b ownership in accordance with Colorado law, and hereby reafflrms the imposition upon such real ~ improvements thereon and appurtenances thereto now or hereafter existing. to condominium .Zmk.2#Meati 9 ' property of the terms, conditions, covenonts, restrictions, easements, reservations, uses, 4 , the undersigned, o duly authorized representative 2.7**94- : 45 ...:4 ... 39~- f- Â·,- ~~ ~ d.. 1/ f sewÂ©. S~94 limitations ond obligations set forth in the above-referenced Condominium Dectaration (the "Dedoration*), of Pitkin County 77#e, /ne, do hereby certify thot / have .' ; 3%421.- 14 ,?--. ' together with any amendments or supplements thereto, which the Declaration grantees, successors, heirs, personal representatives, executors, administrators. devisees or Dated tms day of , 2010. examined the title to a# /ands herein dedicated and shown on this Condomintum Map and ... el and encumbrances. except cs shown hereon. does and shall run with the real property and shall be a burden and benent to soid owners, and that titte to such lands is in the ded/cator free and dear of 0/1 #ens, taxes, any other person acquiring or owning an interest in the real property and their respective ~ ; Â© 4,12.' 14/ 4402.L -v 4~~~; ~~~~~~~~~~~:~~~~f.,.4.>.~ ~~~AAy .4~>A j~j' FND.. #5 Rebar Executed this day of , 2010. 53.90:A f / assigns. By . 6* 5'Â·Â·~/ Al; T#.. 5~ , 47Â·Â·. S, /~,~LMS*â‚¬45Â·Â· M :4 Â·i' 'Â·~ .0,/ -Â·*~ 19* 1 ; ~ 77#e Examiner ..' ' ./ and illegible yellow BY n le , 4 9,0 : 92 1 . plastic cap .../ 4=.-r~ Â· r Rome-Glk Condominiums Altly and accurately depicts the Improvements. induding the condomintum units G#bert L Vonderaa Ill 6-AsÂ¥*1 - Â·Â·.' .* . f., . .5 - : â€¢ r.te. '33% 141 1, JEFFREY ALLEN TUTTLE, do hereby cer#19 thot I am a Professional Land Surveer ..Â· $ tty ~.. #censed under the laws of the State of Colorodo; that this Fht Amended Condominjum Map of the ' /''./ f t. . West North Emily E Kdbe Stfeet STAnr OF ) and the common ownership areas, and Mentmes location. layout dknensions and boundares; that such Legend and Notes: map was prepared ofter substant/0/ completion of the improvements; and that such map complies with and - S indicates found monument as described Â·.:44 -2Â·-Â·- P.2 92Â¥4; tÂ· 0. COUNTY OF ) contains Wl of the Information required by CRS 38-33.3-209 and d other statutes and regulotions The foregoing instrument was ocknowiedged before me this - day of applicable to maps of condominium common interest subdivision, and that such map was prepared hm - Â® indicates found disk stamped LS. 33638 2010, by Gilbert T. Vanderao Ill. an actual monumented lond suney of the property corner monuments. both found mid set under my Â»Hnels my hand and offfcm; seal. t~ ~ 3--'Â·:.9. <44:~3<4<: b..i~ ' /1 ..7f?Â¢*em ....fir.4:~.~i':3.->t - C.E. indicates ce#ing elevotion of the unit. My ccmmlasion expires: direct supervision and checking; that it is correct to the best of my knowledge and be#ef and that ct# dhnensions, both #near and angular were determined by an accurate control survey in the #eld which .' I - C.H. indicates ce#ing height of the unit batonced and dosed within c limit of 1 in 10.000 (which comp#es with Colorodo Professiond standards for 1 %0 1 2 Notary Public LC.E. /nd/cates limited common Wement. STATE OF ) Li land survey plat and the current accuracy standards for ALTA/ACSM Land TItle Surveys) .... G. C.E. Indicates generd common element ) SS. easements of record and a# information shown hereon regarding ownership, easements, and other This map does not represent o title search by Tuttle Surveying Servlces. inc to determine ownership or dup / ' 0 4 3 /, Irâ‚¬:gY . 4,~. ~. 4 Adi-~'4.ee COUNTY OF ) encumbrances of record has been taken hm the Commitment for Utle Insurance issued by Pitkin ./... - Bearings are based upon c 1.5 foot witness corner, o No. 5 rebar with o .yellow plastic cop The foregoing instrument was acknowledged before me this ___ day of County TItle /nc. dated June 2, 2010 as Case No. PCT 228596 6% . 1/, f/A#/1. ' A. . LE No. 29030 and a rebar with c yellow plastic cap 0#egible) found along the easterfy . 2010. by Emily E. Kolbe. lot #ne of Lot 20, using a bearing of 30122'29"E between the two described monuments. . in witness thereof, 1 have set my hand and sed this . I.Â· . 4 2 N ~ ~ Â»7tnew my hood and omcld seo/. - This survey does not represent a title seorch by this My commission exphs: 2. :<Â· 3.4 2.-41 surveyor to determine ownership or to discover :. I . .. 3. Jeffrey Allen Tuttle La 33638 easements or other encumbrances of mcord. All information pertaining to ownership. eosements or other ... ..9.0 Â· encumbrances of record has been token tom o title Click gn,i ElmÂ£2k Certincate '1- 11:-:11:-':flt l-:6.-7-1- -1 - 1 -~-fi- - ~~:{i~~:~- A-90 4-ra insurance commitment issued by Pitkin County Utle, /no. dated June 2, 2010 as Case Number PCT 22859L . Engineer for the City C/ark and Recorder of PR#dn County. Colorado. this day of This Condomintum Map is accepted for ming h the Ofnce of the I F ::/U : M.' '.,2 - This property Is subject to easements, rights of way and/ or requirements of Aspen, Colorado, do hereby approve thfs Condom/nium Map , 2010, Plot Bna , on Poon ond Reception no as noted or shown in the records of the Pitkin County Clerk and Recorder. this day of , 2010. - The unit of measurement for this survey is the U.S. Survey Foot. By: City of Aspen Engineer Clerk and Recorder - The date of this survey was Moy. 2010 Notice: u ACCOTding to Colorado tew, you must commace TUTTLE SURVEYING SERVICES Tee any legal action based epon any derect in 727 Blake Avenue First Alrnended Condo'nriniu'm, Map of Drown by: 6Ws survey wUMn three yea,= 9/YM you 617 N 4th Street fint dâ‚¬sÂ©over suck defect. In no event may Glenwood Springs, Colorado 81601 emy Zeyal action based leon any deect in this survey be commiwed mon than ten yea,s (970) 928-9708 (FAX 947-9007) the Rome-Gik Condominiums - from the date of the Ger#vYcation shown OF 2 6/11/10 jeff@tss-us. com ~ TUTTLE SURVEYING SERVICES Aspen, Colorado 81611 0 - As p Â£ a.g =:r.At N007)6'31*E 35. 8.05 - - ... First Amen,ded CONDOMINIUM MAP oF THE ROME-GIK CONDOMINIUMS According to the Plat thereof recorded Scale 1 "-8' Februarv 4, 1977 in Book 5 at Page 62 and further defined and described in Condominium Declaration recorded in February 4, 1977 in Book 324 at Page 420 County of Pitkin, City of Aspen, State of Colorado 5.33 Window Well f--LC.E. 031 25.10 11.30 - -*- 0.80' 0.50' --I- -- 1 25.00 25.25 05.58 4.17 Unit 1 3 0 Unit 2 r R Entry -6 11.00 Upper Level Level 2 73 AC Unit 1 602 S.F. +/- Upper Level Finish Unit 2 1.06~-'460 ji)- g Unit 1 00 00 0 F Finish Floor 601 S.F. +/- Floor 7881.07 Lower Level 44Â·92 10.95 7888.97 0.95__0.40 Finish Floor 342 S.F. +/- R @ 11.60 535 S.F +/- ~ 00 Lower Level N -0.50 Unit 1 R |4 7885.33 ki 11.60 7876.31 Finish Floor Finish Floor f Basement E 7880.49 C.H. 04 345 S.F. +/_ 0 0 4, CH. 10.84 ~ 0 9 05 1 r- 5%0 ~CH. 16.30 0 CE. 7.70 -~7 cs finish Floor - 7872.15 24.20 ~ 1 24.97 ~ 15.95 Â¥ 23.92 14.92 K ~ 9.80 25.00 Roof Elevation 7900.27 , Peak Elevation 7900.27 Finished Ceiling 7899.81 Peak Elevation 7900.27 Roof Elevation 7900.27 Peak Elevation 7899.72 Peak Elevation 7899.72 Finished Ceiling 7899.81 Eaves Eievat/on 7893.98 Upper Level Finished Floor 7888.97 unit 1 Upper Level Finish Floor 7885.33 Ugger Level Finished Floor 7888.97 Unit 2 Â· ~ Unit 1 . Upper Level Finish Floor 7885.33 Entry Level Finish Floor Unit 2 Elevation 7884.69 Entry Level Finish Floor Elevation 7881.07 Entry Level Finish Floor Elevation 7881.07 Entry Level Finish Floor Lower Level Finish Floor 7880.49 Elevation 7884.69 Lower Level Finish Floor Elevation 7876.31 Lower Leve/ Finish Floor Elevation 7876.31 Lower Level Finished Floor 7880.49 Basement Level Floor Elevation 7872.15 Basement Level Floor Bevation 7872.15 South Elevation North Elevation Peak Elevation 7900.27 Roof Elevation 7900.27 Peak Elevation 7899.72 . Finished Ceiling 7899.81 Eoves Elevation 7893.98 Upper Level Finish Floor 7885.33 Upoer Level Finished Floor 7888.97 " Unit 1 ~ Unit 2 Entry Level Finish Floor Elevation 7881.07 # Â·-e" Entry Level Finish Floor Elevation 7884.69 Lower Level Finish Floor Elevation 7876.31 Basement Level Finished Floor 7880.49 Basement Level Floor Elevation 7872.15 West Elevation East Elevation # Notice.Â· Acii,iing to Cotwado law, you must commence TUTTLE SURVEYING SERVICES r any Jigat action based upgn 60*y defect m this survey tuith*. thyee yews qfter you 727 Blake Avenue tr 9.'Ble First A~nended Conciominium Map of Units 1 and 2 Drawn by. SJ first discover such defect In no euent mcru any legal achon based â€žpon any ddect in Glenwood Springs, Colorado 81601 617 N 4th Street Date: 5/27/10 ,~orm the *te of the certiticution shown (970) 928-9708 (FAX 947-9007) this suruey be commeâ€žeed mon than ten years the Rome-Gik Condominiums jeff@tss-us. corn TUTTLE SURVEYING SERVICES Aspen, Colorado 81611 . 0 8.00 11.50 - â‚¬10 ~AR&Â®3@Ell@JÂ¥@ M AP OF ~0-BE 5:%Â©I .40,4 -p - = 4121[0Â£ e,@~%[EbÂ®,BEâ„¢22.J9'E . 0.% E. S .ENVIVEâ‚¬.Â¥= WE , DALE MAAS AND 8,EVER-Y MARS As OWNERS 0Â¥- W E REBY CERTify *Tual- T+S PLAT OF 1-HE ROME- 6}K CONDOM 1 1%,A U NA HAS BEEN PREPARED 1 DATED 7,4 E -3 PORsANT TO TME,PURPOSES 5-rAN-Ep IN TUE CONOOM,N,UÂ», DECLARAT#ON Vol2 SAID COKIDOM,knUMS 4,8 4,4'4, DAN OW- 74-0 Â·0 Â·..fii.Â· 81 7 , ANO RECORPED â„¢1 BOOk AT PAGE- 5 4*26 .' + OV TUE RECORDS Or -ruiE. CLEAR ANO RECOQUE.12 OV TUE COUNTY OF PllkiN, STATE OF COLORADO J 4 2:Â· - ~4~,We-/0,---4.Â· 1-4.Â» 1,Â·: #'-4.-4* 4. 4 -..Â·- -Â·-61.23.9, DALE MARS #*. S 2% -------- /1 .5.18.4.**'â€žiÂ¢444 4-44!7 ' BEVERLY MAES BLeâ‚¬i, 99 4 35.0 0 2 4 1 , STA-r E. OV COLORA0O 3 3 S.S COUNTY OW PlTktht ) '345.0 1 ... " ~ .1 Â¥ 44* 1 1.9 1 ,, THE FOREGOING OWNE-25 CERTIFICATE \NAS ACKNONVLEDGED BE.VORE. ME TLÂ·us 9 - DAY OF le , 1 .: AS OWNERS OF' it , i. I / 4 4Â« Mi 419' 6 - ~ V 6, - 0 5 . Â·,ip -4, Â·* , r: i Â· e.3 It ./ 1% **Â· 0 4 *~ 1 . /" / WITNESS MY WAND AkilD OFF-1CAL SEAL 1 â€¢23 Wry' COM M i SStON EXPIRES:986 39 *4%90 4. ./51 1 W 01 / bif<jey PUBL~ C 0////*4#*lil. 4/li-' : ---- 2 i .J\ i < Ne!&0 82' vv )24.0, ) 1 7 1 G.C-E. ------4 q-I.--*.*- -6 -' 1 1\\ 1 $21*VEÂ¥*NE'% CE-&2Â¥EWREAÂ¥2 25-55 1 1 -C i \\1 - G.C.E. 1 lu 1, GERARD 34. PESMAN, A COLORAOO 25-GISTERED PROFESSIONAL EklehiNEER ANO LAUD SURVE.YOR , 41 4 UNVE * Z 04 4.~~~ . i WEREGY e.te-rt PY AS FOLLaNS : IN DEC. 4 JAN 97G- 877 , A SURVEY WAS MADE UNDER MY GRECTiON ./ 0 0.4 4 1 A,40 SUPE.UVRMON OW 142 5*xyr,4 59 FTE OF TwE torrw -79' 1=T. ov LOTS (6- 20 SLOCk 99 WALLAMS 400, (SEE EXHIBer 'K ) lieÂ¥ 1 60.5 ' ENTIRELY *1TLUN TRE BOOKIDARY LINES OF SAID ABOVE DESCRISED PROPEETY AS SWOWM OU -rubS PLAT, Â»AE j STATE OF COLOTEADO, ANO 9-OVAID TUE.2.EON A ONE. STORY WRAME WOUSE WITW A Cell BASE-MEUT LOCATED 1 i .-- i-m,r--0 1, f5(3:FOJZD Iii 0 051 - 13Â®gu LOCArthON AND DiMEkle\ONS OF TWE BOUNDARY LiNES , 50*LOINGS 4,40 iMPROVE,MENTS, 14 EviDENCE DiE KNOWN 0 / -.'Â· -; i 1 j ' j L.e. 1/ ~ ,+ 1 0 i:.:71.1,/1 â€¢2 1 ..t 0.4 1 0 1 1 Â·. 44*L--1 'f, *14 1 TO ME ACZE ACCURÂ».7 E.LY SUC\NN ON -NIS MAP AND Â»AE- MAP ACCURA-TELY ANC) SUBSTO.*11#ALLY DEFACTS TUE. V . 10 1 LACÂ«nON AND TUE WORiZONTAL AND VE,triCAL MEASUKZMECTS Or TUE eoi LO-G, TUE. CONDOMINiUM UN ITS TUAECZED.1, 19 L 1 14 ITT7777 f 'TME. UN\T DE'EAGNACT\Obis -FUE-REOF, TWE DUVENSIONS Or SAID l.>14 /TS, AND TUE ELE.VornOWS OF TUE Wiu,SWED FLOODES I. /4 . I ./-'.-.i""-I'- . . jf,##,~7Â»7-0--___ 1 U ./f/ff//2 - h #. 7-7-m.---- 0 AND CPUNGS, ANO l'Warr TW\S MAP *AS PREPARED SUBSEQUEÂ»T TO TUE COMPLE-BOW OV -rUE DEPICTED &,40 - t ' - ''~ '' O:(SCE, 8,5.0 1Â¥,1PROVEMENTS OF Â»4Â£ ABOVE OESCRIDED REAL PROPERTY 1 1, Â· A...un" . . 1 - Â· ' 0 1, 0 10 D.Â«rED -ruis '9.-9 DAY Ow JANUARY 1971 "....41.1 kn.'n.; U'M"11 1.-0.: C Seeo 3;.E. ~0-~ ,#.2.': 2 1- . ./ .Vitâ‚¬ f *UÂ©l > , 9-riÂ©00,104Â·02"L. 124.crl ) 1 l' EXI #BiT " A- ' 1 I ..9 1 METES 4,40 DOUNDS OY: S 36' OF N 79' a LOTS leÂ·* , 30 Â·~3 --Â· i / GEQARD W. PESMAN COLORADO REGISTUEED ''' BLOCK 99 ViALLAMS AOBTWN. (tkj OK. \96 Per 6/5 3 PevESS\OUAL E..WGMEER Aug LAND SURVEÂ¢OR 2379 1 2.03 1 1 , ...If BEGIUMING. AT A PO<NT ON TUE EAST Li.12 OF- LOT 10 ILEGERI UD Â¢ NKEUE@:5 *UENCE TUE SE COINESE LOT 20 BEARS 90079 6 \78 rr. tx 6 :Wt SE COZ . OF e#,+4 AkE.144 5Â£Â£ il SE.429 52004 E- 96:GS / PDQUO SO{b/EN woN. i STATE OP COLORADO 2 1~ FOUND GL. M. 8*55 CAP. Turuct. ASC>tkTA 39. rr. i S.S. COUNTY OF PtrkÂ»1 3 + SET OE EN+30 eX;kkO WEAD SPIKE Â·Â· N.ZO?,t# 124'.01 Cr. ; t. CALLS /4 C 3 822Â£ FROM EECO120 i \ .. %cdru 35. :T. ; DAY OF TUE FORESSING Sl>R>tEXOQ'S CERTHVCATE WAS ACKNOWLEDGED BEFORE ME Tuts ,2.I, 2. SURVEY Olt<ENTED 'Nf VOUND MO, 19. i i, 58Â£.51' E 124"01 VT. ; To TRE PC>iNT OF Eâ€¢E.31*.*MING, \G 34.AVARY \912. BY GERARO W. PESMAW . 3 BEA,Ct,dekS BASED Oks Ki-9 AU>ke Ude NEÂ« 1 ./ \G CEâ€¢rt.KUNE 05; 49 9-r. .i & L.C.i. LlodiÂ¥00 COMMON CLEME*T 1 'A WiTNESS MY Walib AND OVACAL SEAL + MY COMMISSION EXPIRES * Ge.â‚¬. GENEWAL COMMÂ©w ELE.VE.NT i JULY 2,19-19 w E.L.EMATIONS -Â»ASED Ow 7819.41 ON SPitE W j %7 POWER. POLE AT- 17*& SNK COR. OF '59 Â¢ all.LESÂ¥22Â£ r r #04<741 El Bittek k ce,-ic. ecluâ€¢ AT VENCE COKE). M CONVOZM RAiker. vVE,LE- */ XEC.OfED - ~ \ 140-TARY Pee LIC 3. \ j t i 31 6 - exi Fi oi â‚¬E,EN Â§4 Allip mmeÂ®*922 4 8â‚¬â‚¬ EVN' Lal#Ittli V \IR ..i , \8 ACCEPTED FOR Frilitd<R, 114 .Â»412 OFFLCE. gE TWE- CLE.21< j*t* RE-:COROE-re'S QF Twa Ca.*iTY OF VITkiki i .4- STATE ge COLORBDO, AT 5 2. i O' CLOOk _-_ M. , -CLUS 431 9 I ..~ f' DAY 0~ 4, /2- Ar PAGE G g - i } \Â¥4 PLAT SOOk a -4 2 1 2 A .4 , I- 4 1 , 00' I a /j REF. 1 9 -A ~ 7 MON. j *2 4. I .up % 1 C LE.Uk AND RECORDEQ 0 500â€¢JO *5 RE:Â·900 1 Â»/ t,fre L. S. 9610 Â· >:...i-**pdaÂ·M~~ '~15Â»*4 2 :- e Â· I .â€¢rit ' 21 -4-# 47-2... ..i 4..ofÂ· COUWD B. L.M. f, SKASs c.Ap . SEC 42 . 0 4 1 40'18 ) C SOOT#-1 35.00 3 _ 5.4 a1 -0 4 0 0 1- 1 - ao 1.9 24.1 1- 1. - 0 P d) - 1 e.l 0 97 1444 k ta..4 1 16 0 h 8 0 2 #f + 9, 5 5 7 V 24. 1 25.1 0 2 N 21 #1 0 Z 0 fit b 04 3 41 2 &1 B Ef> 11 2 13 : 49 29.1 23.1 k- ..... U f 8 0 41, 0 N J S.SS S _ 0 0 4 9.49 li 7.8 W -- 0 06 7.6 d z 9.49 0 o d - 4 -1 4 5. â‚¬ S Z C 2 - 0 8 9 0% N tD L 231 25.1 . LE vuEL NO, . 24.4 LOWER FLOOR LEVE UPPER FLOOR LEVEL '9'Asel, 0,â„¢71,7 Olhs U UD/DS Out T % 1 52.-7 UNIT-* 2 .Mmrs.=