The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.pu.Patterson 580 Cemetery Ln.A37-90j � C c ��ppatterson Insubstantial Amendment L-A---,to an Approved PUD A37-90 2735-122-06-008 �i U 'A ASPEN/PITKIN PLANNING OFFICE,,_,, . 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ Q d CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING O O d SUBTOTAL o 3. o County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL AV— A 6 r Name: i� Phone: Address: / :z n-11-8 C- Project: &ffso Check # 3 Y Date: S / d Additional billing: #of Hours: 0 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6/8/90 DATE COMPLETE: PARCEL ID AND CASE NO. 2735-122-06-0 8 A37-90 STAFF MEMBER: PROJECT NAME: Patterson Insubstantial Amendment to an Approved PUD Project Address: 580 Cemetery Lane Legal Address: Lot 2, Castle Creek Subdivision APPLICANT: Mark Patterson Applicant Address: 580 Cemetery Lane, Aspen, CO 5-7975 REPRESENTATIVE: Don Huff Representative Address/Phone: 117 AABC Aspen, CO 81611 0-4539 PAID: YES NO AMOUNT: $113 Due NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney vl'-/ City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Con.S.D. DATE REFERRED: FINAL ROUTING: Mtn. Bell Parks Dept. Holy Cross Fire Marshal Building Inspector Roaring Fork Energy Center INITIALS: 1,10 DATE City Atty City Eng Housing Other:_ FILE STATUS AND LOCATION: Qia School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other INITIAL: Env. Health CLOSING MEMO TO FILE PATTERSON INSUBSTANTIAL PUD Date: June 28, 1990 From: Kim Johnson, Planner On June 28, 1990, Planning Director Amy Margerum approved this proposal under Section 7-908 C. of the Land Use Code (revision date August 1989.) There was no PUD plan in existence for this duplex development prior to this action. The proposal includes a 924 s.f. expansion to one half of the duplex. With this approval and subsequent filing of a PUD Designation, site plan and building elevations, a Final PUD Plan will be in effect. The conditions of approval are: 1. A Notice of PUD Designation, site plan and building elevations shall be filed with the Pitkin County Clerk and Recorder within 180 days of approval. 2. The filed PUD Designation and Final Plan shall include a statement that the owner agrees to join any future improvement districts for the purpose of constructing improvements in the public right-of-way. Language of the agreement shall be in a form acceptable by the City Attorney's office. 3. Any revisions to the recorded development plan shall be processed through the Planning Office. jtkvj/patterson.close C 0 TO: FROM: IW, IDiucol :i: k,IDili W, Bill Drueding Kim Johnson, Planning Office RE: Patterson PUD Insubstantial Amendment - Creating a Final Development Plan DATE: June 25, 1990 ----------------------------------------------------------------- ----------------------------------------------------------------- Summary: Planning Staff recommends approval for the Patterson expansion of a duplex and the establishment of a Final Development Plan for 580 Cemetery Lane. Location: Lot 2, Castle Creek Subdivision Background: The Patterson lot is zoned R-30, within a PUD overlay. Existing on -site is a duplex of approximately 1,782 s.f. One unit is 3 bedrooms within 1,482 s.f. The other unit is a studio apartment of 300 s.f. There is no Final Development Plan adopted for this site. The proposal calls for expansion of the smaller unit. See Attachment "A". Proposal: Approximately 924 s.f. of addition is proposed and will bring the total floor area to roughly 2,382 s.f. Included in the expansion is a dining area and single car garage. A master bedroom and bath will replace the studio sleeping arrangement. The lot area is 61,000 s.f. with an allowable FAR for a duplex of 7,350 s.f. Although the lot borders Castle Creek, a Stream Margin Review is not required because the area of construction is not within 100' of the high water mark or the 100 year flood plain. Referral Comments: Engineering: Having reviewed the above referenced application, the Engineering department has the following comments: 1. The parking spaces are not identified and itemized, but there is sufficient space on site for the parking needs. 2. Storm water runoff was not addressed in the application. Compliance with Section 24-7-1004C.4.f is required. Since there is some element of grandfathered conditions at this site, it is suggested that the existing conditions be exempted from storm water considerations. However any increases in storm water runoff which would result from the proposed development must comply with Section 24-7-1004C.4.f. This would apply if any drainage water drains off of the property site. If all drainage is contained on site, the requirement is met. • 0 3. It appears that this land use application might better be titled Patterson Insubstantial PUD. It is my understanding that there is no PUD approval which this application can amend. If the applicant is being exempted by insubstantiality from full PUD review, it might not be inappropriate to exempt the applicant from platting requirements and provide documentation of approvals via a recorded agreement. If the existing house were demolished and a new house constructed, it might be appropriate to require the full PUD process. 4. If an insubstantial PUD agreement is executed, it should contain the statement that the applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way using language currently available from the city attorney's office. (Attachment "B") Staff Comments: Planning Director Amy Margerum and Staff discussed how proposals such as this fall within the bounds of Section 7-908 C. of the Land Use Regulations: Absence of approved Final Development Plan. This section reads: "In the absence of an approved Final Development Plan for a site designated Planned Unit Development (PUD), an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposal is an insubstantial or other amendment." The Staff feels that the revised proposal is consistent with the residential character of the site and the neighborhood based on site inspection. An objective of the Planning Office is to insure the character of the PUD area and provide consistency of process. A memo has recently been added to the Planning Policy Notebook reflecting this approval policy. A Director's approval of the current proposal and recordation of the plan and Notice of PUD Designation with the County Clerk will establish a Final Development Plan and will be the basis for evaluating future proposals. Recommendation: Staff recommends Planning Director approval of the Patterson Development Plan with the following conditions: 1. A Notice of PUD Designation, site plan and building elevations shall be filed with the Pitkin County Clerk and Recorder within 180 days of approval. 2. The filed PUD Designation and Final Plan shall include a statement that the owner agrees to join any future improvement districts for the purpose of constructing improvements in the E public right-of-way. Language of the agreement shall be in a form acceptable by the City Attorney's office. 3. Any revisions to the recorded development plan shall be processed through the Planning Office. I hereby approve with conditions the PUD Final Development Plan for the Patterson Duplex Expansion. 4 AiWy-MArgerum, lAnning Di ector e / Attachment "A" - site plan "B" - Engineering Referral jtkvj/patterson.dirmem 3 tachment "A" ol /\o p ell jffiabr� 34 \*V L A N E c E M F T F R Y • 0achment "B" MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C Date: June 27, 1990 Re: Patterson Insubstantial PUD Amendment Having reviewed the above referenced application, the engineering department has the following comments: 1. The parking spaces are not identified and itemized, but there is sufficient space on site for the parking needs. 2. Storm water runoff was not addressed in the application. Compliance with Section 24-7-1004C.4.f is required. Since there is some element of grandfathered conditions at this site, it is suggested that the existing conditions be exempted from storm water considerations. However any increases in storm water runoff which would result from the proposed development must comply with Section 24-7-1004C.4.f. This would apply if any drainage water drains off of the property site. If all drainage is contained on site, the requirement is met. 3. It appears that this land use application might better be titled Patterson Insubstantial PUD. It is my understanding that there is no PUD approval which this application can amend. If the applicant is being exempted by insubstantiality from full PUD review, it might not be inappropriate to exempt the applicant from platting requirements and provide documentation of approvals via a recorded agreement. If the existing house were demolished and a new house constructed, it might be appropriate to require the full PUD process. 4. If an insubstantial PUD agreement is executed, it should contain the statement that the applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way using language currently available from the city attorney's office. cc: Bob Gish, Public Works Director CR/cr/memo_90.111 • 0 MEMORANDUM TO: City Engineer FROM: Kim Johnson, Planning Office RE: Patterson Insubstantial Amendment to an Approved PUD DATE: June 21, 1990 Attached for your review and comments is an application from Mark Patterson requesting approval for an Insubstantial Amendment to an Approved PUD in order to remodel and expand and existing residence. Please return your comments as soon as possible because this is a Planning Director sign -off. Thank you. • • don huff & associates architects • planners June 7, 1990 Kim Johnson Planner Aspen/Pitkin Planning Office 130 S. Galena St. Aspen, CO 81611 Dear Kim, As per our conversation today, submitted is a written statement describing the proposed remodel of the Patterson Residence, located at 580 Cemetery Lane City of Aspen. This response is a submission requirement for an Insubstantial Amendment, Attachment 3, Item # 1. It is the intention of the owner to remodel and enlarge the existing studio apartment, located at the western most portion of the structure. This addition will include a ground level addition of 2' to the south, and 8' to the west, also included is a 6'2" x 9'2" dining area on the west side. Also proposed is a new (1) car garage located to the north. The finished floor height @ the garage will be 2' below finish floor of the existing apt. and house. (refer to site plan, sheet A•1) It is also planned for the addition of a master suite, located on top of the new garage. This area will contain a master bedroom, bath and closet areas. The total sq. footage of the remodeled Living Unit # 2 shall be 1,224 s.f. (refer to floor plans, sheet A•2 & A�3) Architectually this addition matches the style established by the existing structure. (refer to elevations, sheet A•6). This proposed remodel fits well into the neighborhood, and is consistent, both, withcurrent zoning regulations and with the Aspen/Pitkin Regional Com- prehensive Plan. If I can be of further assistance please call, (920-4539) / � 107 Ij G Sincerely, Don Huff f0A ) 81611 • (303) 925-8836 / (303) 920-1966 ALTA Owner's Policy — Form B - Amenrclucl 10 1 7.70 001 F3 ' _ POLICY OF TITLE INSURANCE ISSUED BY '1` l�WAI]' TIri`LE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumhrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned: Authorized Countersigns re c-4TEN1'A1ZT TITLE GUARANTY COMPANY \a3 �00.P0g4A�[8 Chairman of the Board irruriund President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: {, 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulatinq the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public { records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company • prior to the date such insured claimant became an insured hereunder: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Policy Serlal No. 0 3 r 7 5 1 Q, — -- • CONDITIONS AND STIPULATION* 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, dis- tributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and frorn the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CON- VEYANCE OF TITLE The coverege of ties policy shall continue m force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and vnthout undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of its estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy or, (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost tc institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or pros- ecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. (continued and concluded on last page of this policy) CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or 00 the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accord- ance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter, 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Com- pany. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would he payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at its main office, P. 0. Box 2029, Houston, Texas 77001. 14. The premium specified in Schedule A is the entire charge for acceptance of risk. It includes charges for title search and examination if same is customary or required to be shown in the state in which the policy is issued. Valid Only If Schedules A and B are Attached. STEWART TITLE GUARANTY COMPANY . ALTA OWNER'S POLICY — Amfgd 10/17/70 CqS/ddw SCHEDULE A r� Order No.: 10939 Date of Policy: JUNE 10, 1982 AT 2: 15 Phl Policy No.: 0 357510 Amount of Insurance: $ 265,000.00 1. Name of Insured: SEE EXHIBIT A. 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: LEONARD S. PATTERSON and FLORENCE E. PATTERSON as to an undivided 85% interest as tenants in common; MARK WILLIAM PATTERSON as to an undivided 7 1/2% interest as tenant in common; and DANIEL EDWARD PATTERSON and SUSAN RANDALL PATTERSON as to an undivided 7 1/2% interest as tenants in common. 4. The land referred to in this policy is described as follows: All of Lot 2 in the Castle Creek Subdivision as shown on the plat recorded in the office of the County Clerk and Recorder for Pitkin County as Document No. 102142, Ditch Book 2A, at Page 177; subject to Restrictions of record. County of Pitkin, State of Colorado AUTHORIZED COUNTERSIGNATURE Page STI,:♦**'.1iz r 'rITLI-: CODE 0012 GUARANTY COMPANY O �!)V--s 10 EXHIBIT A LEONARD S. PATTERSON AND FLORENCE E. PATTERSON as to an undivided 85% interest as tenants in common; MARK WILLIAM PATTERSON as to an undivided 7 1/2% interest as tenant in common; and DANIEL EDWARD PATTERSON & SUSAN RANDALL PATTERSON as to an undivided 7 1/2% interest as tenants in common. fr--=�iofY1�;...:�2.i.YC:�s(,�Y�I!$JM3Syi9i:S.iiatW4.14s�13LiY9l�a'9allCl:'rii:.�L:..:. x:V:aT:R= =-- iln_�:.�afiapOC )T!C!ol��Oeb_�.. .. _' •L,..r:.. ALTA OWNER'S POLICY —Modified 10/73 • • SCHEDULE B ORDER NO. 10939 Policy No.: 0 357510 This policy does not insure against loss, or damage by reason of the following: 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, and 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. Any and all unpaid taxes and assessments. 6. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect subject property, as reserved in United States patent of record. 8. Any and all water and ditch rights and all agreements regarding the same. 9. Terms, conditions and obligations as set forth in water agreements recorded in Book 180 at Page 401, in Book 186 at page 34, and in Book 186 at Page 465, and in Book 246 at Page 395. 10. Terms, conditions and obligations as set forth in agreement providing for restrictions for the Castle Creek Subdivision recorded August 22, 1955 in Book 180 at Page 399. 11. Right of way for the uninterrupted flow of Castle Creek River. 12. Deed of Trust dated June 1, 1974 executed by Martha H. Grewal to the Public Trustee of Pitkin County, to secure an indebtedness of $64,500.0 in favor of J. C. Gossard and Esther L. Gossard, recorded June 3, 1974 in Book 287 at Page 788. 13. All sums assessed but unpaid, for the share of common expenses chargeable to said unit. STEWART TITLE Page GUARANTY COMPANY 1613 t h b r v 2 \k N: 1 U 4 L b 9. b o ti 1RC 9 6 \ k 1 g 5 9 \0 6 i Q 6. rN� 6 T I C W q � pF WPC Mw^ 1 a 5 al N� FoPµ� row \a \b 8 k,' \k 3 a \G 8 \G\\ O L7 P^ECCC �j 4. \a Ib PEo e o 15 I� LE SMA ERV 1 19 y9 yr ♦ 9 9 9 `\0t 0 1 6 F6 j LING i \0o a 5 1 s q A- G\y 5J N 5 o S 3 y I �9y JW W' tWD STREET r fW. Ir1LL1rm1 rI1�I�InIiIiIA�ITITIu1I�ITITI�IT�I+ I[ N M LLl1u�-��F N w. FR LL ' W Z Z z W. KA"AM STRC o <e c '�✓ �� ITj�I`I'I I I I� s R 'I VJ o 1 ,,e� ♦ f � glop / \ .. 4.' Sapp \ Y; • ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 Don Huff 117 AABC Aspen, CO 81611 Re: Mark Patterson Residence Dear Don, The Planning Office has received and reviewed the above captioned application. We are sending a copy of it to the City Engineer for his comments. Kim Johnson neglected to discuss the application fee with you. The Planning Office fee is $113.00 and the referral fee for the City Engineer is $90.00 for a total of $203.00. Please submit a check in this amount made payable to the City of Aspen. If you have any questions, please call Kim Johnson. Sincerely, Debbie Skehan Administrative Assistant A=C ltgWr 1 • IAND USE APPLICATION FORM 1) Proj ect Name 2) Project location (indicate street address, lot & block mtmber-, legal description where appropri. � ':e) 3) Present Zoning �� 4) Lot Size (p�- 5) Applicant's Name, Address & Phone /V1AV'k 6) Representative's Name, Address & Phone U 7) Type of Application (please check all that apply): Conditional Use CM-Ice�l SPA Conceptual Itist-oric Dev. Special Review Final SPA Final Historic D--V- 8040 Online CorxDq al PUD Minor Iistoi-i.c D(--v. Stream Margin Final PUD iiist,oric Demolition Mountain view Plane Subdivision Historic Designation Condom i n i t im i za tion Text/Map Amendment C QS Allotment Lot Spl it/Iot LiiY? CK2S Exemption Adjustment 8) Description of Existing nrm Uses (ramb--r and type of existing i r g stares; approximate sq_ ft. ; ranDber of bed=cros; any previous approvals granted to the property) - �� L to ma 60 k+ IoJ� ��C(5 lV�.l �-Ic� l�/►C�1 V1y►�t� c�►�ar"�.�aEvl� �`2 S 1` 9) 10) have you attached the following? _ Response to Attactmyent 2, M-inimm Submission contents Response to Attachment 3, Specific Submission Contests Response to Attacm>rrct 4, Review Standards for Your Tq)plication STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF THE CONDOMINIUMIZATION OF AN EXISTING STRUCTURE ON LOT 2, CASTLE CREEK SUBDIVISION, CITY AND TOWNSITE OF ASPEN WHEREAS, MARK _PATTERSON and DANIEL PATTERSON (hereinafter referred to as the "Applicant"), are the owners of a parcel of real property located in the City of Aspen, Pitkin County, Colorado, described as Lot 2, CASTLE CREEK SUBIVISION, City and Townsite of Aspen; and WHEREAS, Applicant requested an exemption from the full subdivision process pursuant to §24-7-1007 of the Municipal Code of the City of Aspen for condominiumization of an existing structure at the above -described location; and WHEREAS, the Aspen City Council determined at its meeting of July 13, 1992, that such exemption was appropriate and granted the same, subject, however, to certain conditions; and WHEREAS, a subdivision exemption agreement shall be required as set forth in §24-7-1005 of the Municipal Code of the City of Aspen. NOW, THEREFORE, MARK PATTERSON and DANIEL PATTERSON and the CITY OF ASPEN, agree as follows: 1. Prior to the issuance of any building permits, a site drainage plan (prepared by a registered engineer) which meets the requirements of §24-7-1004 C.4.f. must be submitted to and approved by the Engineering Department. 2. Hay bales or other techniques shall be employed during construction in order to prevent erosion of the hillside, and a debris fence shall be installed during construction to prevent damage to existing vegetation outside of the work area. 3. The Final PUD Plan and condomininium plat shall indicate a 4' x 4' utility pedestal easement. No utility pedestals shall be installed in the public right-of-way. 4. Prior to signing of the final plat, or prior to final inspection of the construction, Applicant shall construct an unobstructed sidewalk area as approved by the City Engineer, and shall sign a sidewalk, curb and gutter construction agreement. 5. Prior to the Planning Director signing the final plat for condominiumization, Applicant shall file a deed restriction to Resident Occupancy for the new unit, which must be approved by the Housing Office, and recorded with the Pitkin County Clerk and Recorder. A copy of the recorded deed restriction must be - 1 - 366729 B-741 P-237 02/08/94 03:53P P6 1 OF 4 REC DOC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 20.00 • • forwarded to the Planning Office. In lieu of filing a deed restriction, Applicant shall pay an affordable housing fee to the City Finance Department, and shall forward a copy of the payment receipt to the Planning Office. 6. The Applicant shall provide a deed restriction stating that the condominium units shall be deed restricted to six (6) month minimum leases, with no more than two (2) shorter tenancies per year. The deed restriction shall be in the form and language contained in Exhibit "A" attached hereto and made a part hereof. APPRO DATED this 3lSfiday ofSa►��ar , 1994. APPLIC MA TERS & d Z 4'�ee�� DA IEL PATTERSON VED AS TO FORM: CITY OF ASPEN, a Colorado municipal corporation By _ P-.1 Cit Attorne John B nnett, Mayor I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exemption from the Full Subdivision Process for the Purpose of the Condominiumization of an Existing Structure on Lot 2, CASTLE CREEK SUBDIVISION, City and Townsite of Aspen, was considered and approved by the Aspen City Council at its regular meeting held on l;ib 8 , 1994, at which time the Mayor, John Bennett, was authorized to execute the same on behalf of the City of Aspen. " "'"• - Kathryn . Koch, City Clerk O ) F?iTKIN ) ss . c�re�joing instrument was acknowledged before me this �IfJ day. oc� t'G�P , 1994, by MARK PATTERSON and DANIEL PATTERSON. °WETNESS my hand and offici 1 seal. My commission expires:`1 131� q� ' Notary Public (NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 3) - 2 - 366729 8-741 P-238 02/08/94 03:53P P6 2 OF 4 • • STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Th foregoing instrument was acknowledged before me this Y day of 1994, by John Bennett, as Mayor, and Kathryn S. Koch, as City Cl rk, on behalf of the CITY OF ASPEN, a Colorado municipal corporation. WITNESS my hand and official seal. My commission expires: My Commission expires 9/27/96O+i Ir W • th 366729 9-741 P-239 02/08/94 03:53P P6 3 OF 4 C:\CLIENTS\PATTERSO\SUBEk:EMP.AGR - 3 - EXHIBIT "A" Leases on each Condominium Unit shall be restricted to terms of not less than six (6) months; provided, however, that each Condominium Unit may be leased for terms of less than six (6) months not more than two (2) times per year, as required by the City of Aspen. 366729 B-741 P-240 02/08/94 03:53P P6 4 OF 4 • • 9s,� f�� Fy 9s,� s sr ��FyoG�yro� s Bf�fq�Fy9s l �, 66.' ?9 3 D c (- 366538 9-740 93 02/04/74 09:21A P6 1 OF 2 REC DOC SILVIA DAVIS PITKIN COUNTY CLERK k RECORDER 10.00 SIDEWALK, CURB & GUTTER AND IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ASPEN ANDPAPT'V�,e- 0 vy CQIJn6✓ht,VtUM WHEREAS, DfTA 1 E L E M► ev- W • are owners of the real property located at (street address and legal description of • property) 6-80 C602`207 r `l 4-4,61,15 /3- 6� Gd 0016,1f LaT' 2 C{}S7L4 CMC�9, EV13DlQAjt,4Aspen, Colorado, (hereinafter "Owners"); and WHEREAS, owner has recently completed new construction and desire to obtain a certificate of occupancy; and 0 WHEREAS, owner's property is within a zone district or other area as designated on the City of Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future construction pursuant to Section 19-100 of the Municipal Code; and WHEREAS, at this time, the City Engineer deems the construction of curb, gutter and sidewalk on public right-of-way adjacent to owner's property within three (3) years unfeasible due to existing improvements or conditions. NOW, THEREFORE, the parties agree as follows: 1. Owner agrees to construct curb, gutter and sidewalk along 'the frontage of owner's property (approximately 1 4-6 feet) at such time as the City of Aspen deems construction necessary and feasible. It is acknowledged by all parties that the present requirement is for two (2) foot gutter, six (6) inch vertical curb, and five (5) foot wide concrete sidewalk. 0 9 366538 B-740 P-794 02/04/94 09:21A PG 2 OF 2 -2- 2. In the alternative, at the City's option, the City may construct the above improvements and owner shall reimburse the City for all costs of such construction. Reimbursement shall be made to the City within ninety (90) days after receipt of invoice. 3. This agreement shall be binding and shall insure to the benefit of the heirs, e assigns, and successors in title of the parties hereto. Entered into this i(" 'day of f,4�,'8 - ,, r,-19�. State of Colorado) County of Pitkin ) The foregoing instrument was acknowledged before,me this ;�j day ofiE� , 199-�, by "'%Witness my hand and official seal. My commission expires: �( My Commission expires Notary Public 12/23/1997 ��''J��•% V '•�,,��°address: CITY OF ASPEN, COLORADO, A Municipal Corporation By: (Mayor) (Date) Attest: (City Clerk) KM91165 ALI �b0/Z CONDOMINIUM DECLARATION OF PATTERSON CONDOMINIUM Name of Common Interest Community: Name of the Association: Persons Executing this Declaration: Legal Description of Property: PATTERSON CONDOMINIUM PATTERSON CONDOMINIUM ASSOCIATION, INC. MARK PATTERSON and DANIEL PATTERSON LOT 2, CASTLE CREEK SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN CONDOMINIUM DECLARATION OF PATTERSON CONDOMINIUM THIS DECLARATION is made as of January 31 , 1994, by MARK PATTERSON and DANIEL PATTERSON (collectively the "Declarant"). RECITALS: A. Declarant is the owner of the following described real estate in the City of Aspen, County of Pitkin, State of Colorado (herein, the "Real Estate" or "Common Interest Community"): Lot 2, CASTLE CREEK SUBDIVISION, City and Townsite of Aspen. B. Declarant wishes to create a Condominium Common Interest Community in which portions of the Real Estate are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. THEREFORE, Declarant states as follows: ARTICLE I SUBMISSION; DEFINED TERMS 1.1 submission of Real Estate. Declarant hereby declares that all of the Real Estate is hereby made subject to the following easements, restrictions, covenants and conditions which shall run with the Real Estate and be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. Declarant hereby submits the Real Estate to the provisions of the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, et seq., as amended from time to time (the "Act"). In the event the Act is repealed, the Act as existing immediately prior to its repeal shall remain applicable. 1.2 Defined Terms. Each capitalized term not other- wise defined in this Declaration or on the Plat of the Patterson Condominium of record (the "Plat") and used herein or on the Plat shall have the meanings specified or used in the Act. ARTICLE 2 MAMFC 2.1 Names. (a) Common Interest Community. The name of the Common Interest Community is the Patterson Condominium. - 1 - (b) Association. The name of the Association is the Patterson Condominium Association, Inc., a non-profit corporation. ARTICLE 3 THE ASSOCIATION 3.1 Authority. The business affairs of the Condominium shall be managed by the Association. 3.2 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to a non-profit corporation pursuant to the Act, and the Non -Profit Corporation Act of the State of Colorado. Except as otherwise provided in this Declaration, when approval of the members of the Association is required, the Association may only act upon the unanimous consent of its Unit I Member Group and its Unit 2 Member Group, and neither Member Group acting alone shall have the power to act for or bind the Association. 3.3 Member Groups. The Association shall have two (2) member groups, the Unit I Member Group which is attached to Unit I and the Unit 2 Member Group which is attached to Unit 2. Membership in the Association shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. 3.4 Executive Board. Except as otherwise provided in this Declaration or as required by the Act, the Association shall act through its Executive Board. The Executive Board will consist of three (3) directors. The Unit 1 Member Group and the Unit 2 Member Group shall each appoint one director. The appointed directors shall thereupon appoint the third director. 3.5 Notice to owners. Any notice to an Owner of matters affecting the Patterson Condominium by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery or the third business day after deposit in the mails regular first-class postage prepaid, at the address of record for real property tax assessment notices with respect to that Owner's Unit. ARTICLE 4 UNITS 4.1 Number of Units. The number of Units in the Common Interest Community is two (2). 4.2 Identification of Units. The identification number of each Unit is shown on the Plat. - 2 - 4.3 Unit Boundaries. The boundaries of each Unit are located as shown on the Plat. 4.4 Affordable Dwelling Unit. There is an Affordable Dwelling Unit in Unit One which shall always be deemed part of and included in Unit One. The Owner of Unit One shall have complete control and responsibility for the Affordable Dwelling Unit, subject to any and all restrictions or limitations imposed by any ordinance and/or agreement with the City of Aspen or its Housing Authority governing the use and occupancy of this Affordable Dwelling Unit. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS 5.1 Common Expenses. The only Common Expenses of the Association are for (a) Maintenance, as defined in Section 6.1 below, and (b) Insurance, as defined in Section 6.2 below. 5.2 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Each Owner, by acceptance of a deed to its Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall also include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Unit Owner shall convey its Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense assessments shall be a continuing lien upon the Unit against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. 5.3 Apportionment of Common Expenses. Common Expenses shall be assessed against the Units as set forth on Exhibit "1" attached hereto. 5.4 Annual Assessment/Commencement of Common Expense Assessments. The Common Expense Assessments shall be based upon the Association's advance budget of the cash requirements needed by it to provide Insurance and Maintenance during such assessment year. 5.5 Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments only to provide, with respect to the General Common Elements, for liability claims or for repair or replacement, to the extent not covered by Insurance, or to provide for extraordinary - 3 - Maintenance, if the Executive Board so determines. No special assessment or capital improvement to the Real Estate in excess of $10,000.00 shall be approved without unanimous consent of all Unit Owners. 5.6 Effect of Non -Payment of Assessments. Any assessment provided for in this Declaration, or any installment thereof, which is not fully paid within fifteen (15) days after the due date thereof shall bear interest at the rate of twenty- one percent (21 %) per annum. Further, following ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessment, or installments thereof, may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above need not apply and the non -delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non -delinquent owner, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment, and reference is made to the provisions of Section 10.3, below. ARTICLE 6 MAINTENANCE AND INSURANCE 6.1 Maintenance. (a) Association's Responsibility. The Association shall be responsible for the maintenance and repair (including removal of snow and trash, maintenance and repair of driveways and easements, and the General Common Elements as identified on the Plat) of all those portions of the Common Interest Community whose maintenance and repair has not been assigned to the Owners by the remaining provisions of this Section 6.1. (b) Owner's Responsibility. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own, and shall have the right and the obligation to maintain, repair, alter and remodel the interior non -supporting walls and the materials making up the finished surfaces of the perimeter walls, ceilings and floors within the Unit, as well as the doors and windows of the Unit, any and all new additions to a - 4 - Unit hereafter made by the Owner thereof, including any new fence or other structure enclosing a patio, balcony, yard or deck area, and the Limited Common Elements reserved for the exclusive use of the Owner of the Unit. Notwithstanding the foregoing, without the prior written consent of all Owners, no Owner shall: (a) make any changes or alterations of any type or kind to the exterior surfaces of any doors or windows to that Owner's Unit or to any General Common Element (including, but not limited to the exterior portions of that Owner's Unit); (b) enclose a patio, balcony, yard or deck area; (c) modify or alter the appearance or color scheme of the exterior improvements as they may exist from time to time by agreement of the Owners; or, (d) modify or alter any landscaping now or hereafter installed within the Common Interest Community. An owner shall not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Utilities") running through such Owner's Unit, but which serve both Units, except in common with all Owners. Each Owner shall, at such Owner's sole cost and expense: (1) keep and maintain in good order and repair the equipment and those Utilities located in such Owner's Unit, which serve that Unit exclusively; (2) replace any finishing or other materials removed with materials of similar type, kind and quality; (3) maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion of the roof serving such Unit; (4) maintain in a neat and clean condition, free and clear of snow, ice and water accumulation all the decks, yard, porches, roof, balconies or patio areas, which have elsewhere in this Declaration been reserved to and for the exclusive use of such Owner, including the Limited Common Elements that have been so reserved. 6.2 Insurance. (a) Association's Insurance. The Association shall maintain property insurance on the General Common Elements for not less than the full insurable replacement cost thereof and commercial general liability insurance in such minimum amounts as the Executive Board may establish from time to time, as provided by C.R.S. § 38-33.3-313 of the Act, the provisions of which are incorporated herein by this reference. Each such insurance policy shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have - 5 - a rating of "A" or better as shown in the published rating of AM Best Company. (b) Owners' Insurance. Each Owner shall maintain such property and liability insurance with respect to its Unit as such Owner may establish from time to time. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against other Owners and the Association in connection with any damage covered by any policy. (c) Waivers. Subject to obtaining the waiver of subrogation endorsement required by the Act, the Owners release each other and the Association, and their respective authorized representatives, from any claims for damage to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. (d) Obligation to Repair or Replace. In the event of a casualty with respect to the General Common Elements, the Association shall repair or replace the improvements as necessary to restore them to their condition before the casualty event. As provided by the Act, the proceeds of the insurance carried by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration.as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the Unit I and Unit 2 Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. 6.4 Restoration Upon Condemnation. (a) Total Taking. In the event of a taking of the total Real Estate by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. - 6 - (b) Partial Taking. In the event of a partial taking of the Real Estate by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking, and after acceptance of the award of the taking by the Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. If the taking includes all or a portion of the General Common Elements then, unless the Owners decide not to rebuild, the remaining General Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the Unit I and Unit 2 Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. ARTICLE 7 RESTRICTIONS ON USE 7.1 Nuisances and Negligence; Environmental Conditions. There shall be no noxious or offensive activities carried on, in or upon any Unit or Common Element, and no loud noises or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be done in the Common Interest Community which may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Unit. The Executive Board shall have the right to determine if any activity, noise or odor constitutes a nuisance or annoyance; provided, however, that nothing shall prevent any Owner from enforcing the provisions of this Article by bringing suit or otherwise. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on the Condominium which will increase the rate of Insurance or which will result in the cancellation of such Insurance. Each Owner shall be accountable to the Association and the other owner for the uses and behavior of its tenants or guests. 7.2 Structural Integrity. Nothing shall be done to any Unit or the Common Elements that will impair the structural integrity of any improvements on the other Unit or the Common Elements unless prior written unanimous authorization is obtained from the Executive Board or from the other Owner, as appropriate. - 7 - 7.3 Restriction Upon Occupancy. Each Condominium Unit shall be used and occupied solely for, except as the Owners might otherwise agree, residential purposes only, and except as provided in this section, no trade or business of any kind may be carried on therein. Lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. In no event shall more than ten (10) people be in occupancy in either Unit at any one time. 7.4 No Unsightliness. No unsightliness or waste shall be permitted on or in any part of the Common Interest Community. Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the General Common Elements. No Owner shall have, erect, affix or place anything on any of the General Common Elements (except for decorative items within the Owner's Unit), and nothing, shall be placed on or in windows or doors of Units which would or might create an unsightly appearance. All trash shall be collected in areas designated by the Association. No wiring, television antennae, or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized by the Association or this Declaration. 7.5 No Violation of Rules. No Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of Units, the use of General or Limited Common Elements, or otherwise. 7.6 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property, including the Common Interest Community or any Unit thereon, such Owner shall be liable or responsible for the same, except to the extent that such damage or loss is covered by insurance obtained by the Association, and the carrier of the insurance has waived rights of subrogation against such Owner. The amount of such loss or damage may be collected by the Association from such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including, reasonable attorneys' fees) shall be secured by a lien on the Condominium Unit of such owner, as provided hereinabove, for assessments or other charges. 7.7 Parking of Vehicles. Parking of any and all vehicles on the Common Interest Community shall be only on the areas designated for parking, and subject to the rules and regulations of the Association. The Association shall have no responsibility for damage done to automobiles parked on the Common Interest Community. 7.8 Restrictions on Parking and Storage. No part of the Common Interest Community, including the public streets and - 8 - driveways or parking areas, unless specifically designated by the Association therefor, shall be used as a parking, storage display or accommodation area for an type of trailer, camping trailer, boat trailer, hauling trailer, running gear, boat or accessories thereto, truck or recreational vehicle for in excess of three (3) hours, except as a temporary expedience for loading, delivery, emergency, etc.; provided that this restriction shall not restrict trucks or other commercial vehicles which are necessary for the construction or maintenance of the Common Interest Community. Repairing of vehicles on the premises, outside of either Unit, shall not be permitted. 7.9 Leases. Except as allowed with respect to the Affordable Dwelling Unit in Unit One, no Owner may lease less than that Owner's entire Condominium Unit, and all leases shall be in writing. No lease shall be for more than a period of six (6) months, and no more than two (2) six-month leases shall be allowed in any two (2) years. All leases shall provide that the terms of the lease are subject, in all respects., to the provisions of this Declaration, and to the provisions of any rules and regulations, decisions or resolutions of the Association or the Executive Board. 7.10 Animal Restrictions. No animals other than normal household pets shall be kept in the Units. An Owner shall be absolutely liable to the other Owner and their families and guests for any unreasonable noise or damage to any person or property caused by any animal brought or kept on the Property by such Owner, or by members of his family or his guests. 7.11 Enforcement. The Association, any member of the Executive Board and any Owner shall have the right to enforce this Declaration and the rules and regulations of the Association and the right to collect costs and expenses (including, without limitation attorneys' fees) incurred in any enforcement action. ARTICLE 8 EASEMENTS AND LICENSES 8.1 Recording Data. All easements and licenses to which the Condominium is presently subject are identified on the Plat. In addition, the Condominium may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration or on any revised Plat. 8.2 General Common Elements Easement. Each Unit Owner has a right and easement of enjoyment in and to the General Common Elements, which shall be appurtenant to and shall pass with the title to every Unit subject to the provisions contained herein. Every Owner shall have a non-exclusive easement over, under and across the General Common Elements. In the event of future construction within a Unit, each Unit Owner shall also - 9 - have the right, after giving written notice to the members of the Executive Board, to overdig into the General Common Elements and temporarily brace any excavation or existing foundations within a Unit. After such temporary, use, the constructing Unit Owner shall, at its sole expense, restore and repair the General Common Elements to the condition existing prior to such construction work. By undertaking work within the General Common Elements, the constructing Unit Owner agrees to defend, indemnify and hold harmless the other Unit and the other Unit Owners from and against all claims arising out of or relating to such construction, including without limitation for injury to persons or property and for mechanics' and materialmen's liens. 8.3 Easements for Improvements, Maintenance and Utilities. Reciprocal Easements (among all Units and Limited and General Common Elements) are hereby declared to exist over and under the Real Estate and all areas thereof for the existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating, and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walkways, and landscaping and for the repair, replacement and maintenance of the same, as needed to service the Real Estate and/or the individual Units. Each Owner has the right, at its sole expense and after giving written notice for at least one (1) business day to the other Owner, to relocate such lines and facilities within its Unit; provided, however, that such relocation shall be accomplished without interrupting the need of the other Owner for the use of such lines or facilities (including the providing of temporary service, if necessary), except as such other Owner specifically permits. 8.4 Encroachment Easements. Each Owner has an easement over the adjoining Unit(s) for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. - 10 - • • ARTICLE 9 RIGHT OF FIRST REFUSAL 9.1 Notice. In the event any Owner of a Condominium Unit shall wish to sell the same, and shall have received a bonafide offer from another person, the selling Owner shall give written notice thereof to the other Owner(s), together with a copy of such offer and the terms thereof. 9.2 Right to Purchase. The other Owner(s) shall have the right to purchase the subject Condominium Unit upon the same terms and conditions as set forth in the offer therefor, provided that written notice of such election to purchase, together with a matching down payment or deposit, is given to the selling Owner, or his agent, during the twelve (12) day period immediately following the giving of the notice of the offer to purchase. 9.3 Failure to Close. Closing of the purchase transaction pursuant to the exercise of a right of first refusal as provided in this paragraph shall be in accordance with the terms of the offer upon which the exercise is based, but in no event shall it take place sooner than sixty (60) days following the receipt by the selling Owner of the notice of election to purchase. If the non -selling Owner does not exercise his right of first refusal, or having exercised his right fails to close upon the purchase transaction, the selling Owner may sell his Condominium Unit to the person and upon the terms and conditions as set forth in the offer at any time within sixty (60) days after the closing date originally set forth in the offer. 9.4 Right to Avoid Non -Complying Transfer. In the event any Owner shall attempt to sell his Condominium Unit without affording to the other Owner(s) the right of first refusal herein provided, such sale or lease shall be avoidable, and may be avoided by a certificate of non-compliance duly recorded in the office of the Clerk and Recorder of Pitkin County, Colorado by the other Owner. However, in the event the other Owner has not recorded such certificate of non-compliance within one (1) year from the date of recording of a deed delivered in violation of this paragraph, such a conveyance shall be conclusively deemed to have been made in compliance with this paragraph and no longer avoidable. The failure or refusal of the other Owner to exercise the right to so purchase shall not constitute or be deemed to be a waiver of such right to purchase or lease when an Owner receives any subsequent bonafide offer from a prospective purchaser or tenant. 9.5 Exempt Transfers. In the event of any default on the part of an Owner under any first mortgage which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of this paragraph, and the purchaser or grantee under such deed in lieu of foreclosure of such Condominium Unit shall be thereupon and thereafter subject to the provisions of this Declaration and the Bylaws. If the purchaser in lieu of such foreclosure shall be the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter sell and convey the Condominium Unit free and clear of the provisions of this paragraph, but its grantee shall thereupon and thereafter be subject to all of the provisions thereof. The following transfers of a Condominium Unit are also exempt from the provisions of this paragraph: (1) The transfer by operation of law, of a deceased joint tenant's interest to the surviving joint tenant(s); (2) The transfer of a deceased's interest to a devisee or devisees by will or to his heirs at law under intestacy laws; (3) The transfer of an Owner's interest, in whole or in part, to a blood relative; (4) The transfer of an Owner's interest by treasurer's deed pursuant to a sale for delinquent taxes; (5) The transfer of all or any part of a partner's interest as a result of withdrawal, death or otherwise, to the remaining, partners carrying on the partnership business, and/or of a partner's or partners' interests between one or more partners, and/or to persons becoming partners; and (6) The transfer of a corporation's interest to the persons formerly owning the stock of the corporation as a result of a dissolution. A transfer to the resulting entity following a corporate merger or consolidation; provided, however, that at least fifty percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation formerly owning the Condominium Unit. If the Owner of a Condominium Unit can establish to the satisfaction of the Board of Directors that a proposed transfer is not a sale, then such a transfer shall not be subject to the provisions of this paragraph. 9.6 Certificate of Compliance. Upon written request of any prospective transferee, purchaser, or an existing or prospective mortgagee of any Condominium Unit, the Board of - 12 - • Directors of the Association shall forthwith, or where time is specified, at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing: (a) With respect to a proposed sale under this paragraph that proper notice was given by the selling Owner, and that the other Owner(s) did not elect to exercise this option to purchase; (b) With respect to a deed to a first mortgagee or its nominee in lieu of foreclosure, and a deed from such first mortgagee or its nominee, pursuant to this paragraph, that the deeds were in given in lieu Of foreclosure, and were not subject to the provisions of this paragraph; and (c) With respect to any contemplated transfer which is not in fact a sale, that the transfer will not be subject to the provisions of this paragraph. Such a certificate shall be conclusive evidence of the facts contained therein. ARTICLE 10 MISCELLANEOUS 10.1 When Consent or Authorization Not Necessary. Notwithstanding anything in this Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization has obtained the consent or authorization of the remaining Owners of the Common Interest Community. 10.2 Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify and hold the other Owner ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and attorneys' fees) of whatsoever nature occasioned by or in any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner's Unit or labor, services or materials furnished to such Owner or such Owner's Unit and will maintain the Other Owner's Unit, entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its discretion, determines to be necessary to effect the release and discharge of the lien from such Other Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21% shall be repaid by the Indemnifying Owner upon demand. Until repaid, the obligation so to do shall - 13 - be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other Owner in the applicable real property records, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees. 10.3 Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept, discharged or performed is intended to and shall be deemed to be for the specific benefit of the other Unit Owner to the end that, in the event of the failure or inability of the Association to enforce any provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining, Owner and on his, her or its behalf to commence, maintain and obtain judgment under an action for damages, for specific performance, or for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting Owner the remaining Owner shall be entitled to his, her or its costs and reasonable attorneys fees as a part of any judgment entered for such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. 10.4 Expansion Potential. Any remaining build -out potential for the Real Estate under the City of Aspen Land Use Code ("Code"), whether in terms of permitted Floor Area Ratio or otherwise, shall be deemed assigned to the two Units equally, such that: (a) in connection with the expansion of any Unit, no expansion shall exceed in size one-half the allowable square footage expansion potential for the entire Real Estate calculable under the provisions of the Code then in effect, and (b) if, subsequent to the expansion of one of the Units (the "First to Expand Unit"), the Code is amended so as to reduce the build -out potential for the Real Estate, the then remaining build -out potential shall belong and be assigned exclusively to the other Unit up to the square footage consumed in the expansion of the First to Expand Unit, and any remaining build -out potential shall belong and be assigned to the two Units equally. IN WITNESS WHEREOF, the Declar nt has caused this Declara i be-eeuted this �f , day of Ta n�koj 1994. MARL R ON DANIEL PATTERSON =CM STATE OF COLORADO ) ) ss. QWNTY ;OF PITKIN ) e foregoing instrument was acknowledged before me this day ,off a r 1994, by MARK PATTERSON and DANIEL PATTERSON. 'l Witnoss my hand and official seal. -I�Y commission expires: ��,� Notary Public C:\CLIENTS\PATTERSO\CONDO.DEC - 15 - • r� u EXHIBIT "1" Unit Sq. Ft. of Percentage Interest in General Living Area Common Elements and Percentage Interest in Voting Rights, Based Upon Square Footage of Living Area Unit One 15,352 50 % Unit Two 15,660 50 % - 16 - �Ev1 DBce @ L.Fuet_ STORY "r FgNcG - G E N E R A L N O T E S LEGAL Lot No. 2, Cam tle Creek Subdivision ADDRESS 580 Cemetery Lane, Aspen, Colorado OWNER Leonard k nAmkby Patterson Z014ING R - 30 " FRONT YARD : 25'-0" SIDE YARD 10'-0" REAR YARD : 15'-0" MAX. HGT. 25'-0" F.A.R. For lot size over 50,000 sf : 7,020 sf of floor area, plus 3 sf of floor area for each addi tional 100 sf of lot area. PARKING 1 Space / Bedroom ZONING Duplex, FLOOR AREA Living Unit No. 1 = 1,482.25 sf x 11. " No. 2 = 1,223.70 sf x I Garage @ Nb. 2 = 567.00 sf xo Basement @ No. 1 = 1,298.50 sf Y o I � 1 DESIGN LOADS 1. ROOF SNOW LOAD 75 P.S.F. (BASIC) FLOOR LIVE LOAD a 40 P.S.F. MISCELLANEOUS 1. THE CONTRACTOR SHALL COORDINATE THE LOCATION OF OPENINGS, DRAINS, INSERTS, DEPRESSIONS, ETC., WITH ARCHITECTURAL, MECHANICAL AND ELECTRICAL DRAWINGS. 2. THE CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS SHOWN ON STRUCTURAL 9RAWINGS WITH THOSE SHOWN ON ARCHITECTURAL AND EXISTING FIELD CONDITIONS. 3. :HE CONTRACTOR SHALL NOTIFY TBE ARCHITECT OF ANY DISCREPANCIES BETWEEN ARCHITECTURAL AND STRUCTURAL DRAWINGS AND RECEIVE WRITTEN CLARIFICATION BEFORE PROCEEDING WITH WORK. FOUNDATION DESIGN 1. DESIGN OF INDIVIDUAL AND CONTINUOUS FOOTINGS IS BASED ON AN ALLOWABLE MAXIMUM BEARING CAPACITY OF 3*0 P.S.F. DECEMBER 22, 19B8.) 2. DESIGN OF RETAINING WALLS IS BASED ON AN EQUIVALENT FLUID PRESSURE OF 40 P.C.F. 3. FOOTINGS SHALL BEAR UPON UNDI:<CLJRBED SOIL OR CONCRETE FILL, BELOW FROST DEPTH. 4. -CALL FOR SOILS ENGINEER'S INSPECTION PRIOR TO FORMING FOOTINGS. EXCAVATIONS, FOUNDATION BEARING STRATA, RETAINING WALL BACKFILL, AND COMPACTED FILL SHALL BE OBSERVED BY THE SOILS ENGINEER. 5. FOUNDATIONS SHALL BE THE EXACT SIZE AND SPACING SHOWN ON THE DRAWINGS. 6. EXCESS EXCAVATION UNDER NEAT LINE OF FOOTINGS SHALL BE BACKFILLED WITH A MINIMUM OF 3,000 P.S.I. CONCRETE. 7. BACKFILL TO BE PLACED AGAINST BOTH SIDES OF WALLS SIMULTANEOUSLY UNTIL THEIR RESPECTIVE FINISH GRADE ELEVATIONS HAS BEEN REACHED. 8. DO NOT BACKFILL AGAINST BASEMENT WALLS UNTIL BASEMENT SLAB AND UPPER SUPPORTING FLOORS ARE IN PLACE OR ADEQUATE BRACING IS PROVIDED. 9. CALL FOR SOILS ENGINEERS'S INSPECTION AND REPORT UPON FOUNDATION EXCAVATION. SUBMIT COPY TO ENGINEER. REINFORCED CONCRETE _. CONCRETE DESIGN, M.ATERTALc AND TWORKMaNSHIP SHALL .CONFORM TO (ACI 318-77) "BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE". 2. STRUCTURAL CONCRETE SHALL HAVE A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 3,000 P.S.I., FOR FOUNDATIONS AND 4,000 P.S.I. FOR RETAINING WALLS, AND SHALL BE PROPORTIONED UTIL:ZI,yG TYPE I CEMENT. 3. CONCRETE SLABS SHALL HAVE FIBER MESH MIXED AT 1 1/2 LB. PER CU. YARD. WOOD 1• ALL WOOD FRAMING, CONSTRUCTION AND .MATERIALS, SHALL CONFORM TO THE "NATIONAL DESIGN SPECIFICATION FOR STRESS GRADE LUMBER AND ITS FASTENINGS", LATEST EDITION, AND TO THE "UNIFORM FUILDING CODE", LATEST EDITION. 2. LUMBER FRAMING MEMBERS SPALL CONFORM TO THE FOLLOWING GRADES AND SPECIES UNLESS NOTED OTHERWISE ON PLAN - JOIST, RAFTERS 6 2 x 6 STUDSDOUG-FIR- NO. 2 GRADE OR BETTER 2 x 4 MUG -FIR- STD. GRADE OR BETTER BLOCKING, RAILERS 6 LEDCFRS.., DOUG-FIR- NO. 2 GRADE OR BETTER 8 x 10 POSTS OR BEAMS DOUG-FIR- NO. 1 GRADE OR BETTER STRUCTURAL LOGS SHALL BE .... - ENGLEMANN SPRUCE NO. 1 GRADE OR BETTER 3. CONTRACTOR SHALL PROVIDE FRAMING CLIPS, HANGERS, AND FRAMING ANCHORS NECESSARY TO ZRECT A RIGID FRAl"WORK OF SUFFICIENT STRENGTH TO RESIST DESIGN `.'ERTICAL AND LATERAL FORCES REQUIRED BY THE UNIFORM BUILDING CODE, LATEST EDITION. 4. ALL WALLS SHALL BE FRAMED SOLID AT BEAM AND COLUMN BEARING WITH BOTH TOP AND BOTTOM OF BEAM OR COLUMN ANCHORED SECURELY. 5. ROOF S®41THING SHALL BE 314"C- D STRUCTURAL I OR II WITH EXTERIOR CLUE. NAIL WITH 8D AT 6" O.C. AT PANEL EDGES, AND 30- O.C. INTERMEDIATE MEMBERS. PANEL INDEX 48/24. 6. GLUE LAMINATED MEMBERS SHALL RAVR STRESS VALUES OF COMBINATION SYMBOL, 24F-V4, DOUG-FIR, OR 24F-V8 FOR CANTILEVERED MEMBERS. ALL MEMBERS SHALL HAVE STANDARD (2,000 RADIUS)CAMBER UNLESS NOTED. 7. TJI/35 JOIST 6 MICRO -LAMS ARE BRAND NAMES OF TRUS JOIST CORPORATION OF BOISE, IDAHO AND SHALL BE INSTALLED ACCORDING TO TRUS JOISTS CORPORATION'S STANDARDS AND SPECIFICATIONS. 8. MICRO -LAMS SHALL RAVE FIBER BENDING STRESS OF 2,800 P.S.I. AND SHEAR STRESS OF 285 P.S.I. 9. BUILT-UP POSTS AND BEAMS SHALL BE GLUED AND NAILED WITH MINIMUM OF 2/16D AT 16" O.C. FOR LUMBER UP TO 2 s 6, 3-16D at 16" O.C. FOR LUMBER UP TO 2 x 10 AND 4-16D @ 16" O.C. FOR 2 x12 OR EQUIVALENT MICRO -LAM. 10. ALL BEAMS AND READERS SHALL P RAE A SINGLE 2 X TRIMMER PROVIDING SUPPORT AT EACH END UNLESS NOTED OTHERWISEE ON PLAN. 11. MINIMUM NAILING SHALL CONFORM TO TABLE 25-Q, 1988, UNIFORM BUILDING CODE, UNLESS GREATER NAILING IS NOTED ON DRAWINGS. 12. PREMANUFACTURED FRAMING CONNECTIONS SHALL BE BY SIMPSON CO. OR APPROVED EQUAL, OR 3/16" BENT PLATES OR ANGLES WITH 5/8" M.B. AT 3" O.C. APPROVED BY 13. PROVIDE FOR CONTINUOUS POSTS FEtOM CONCENTRATED BEAM LOADS TO FOUNDATIONS, INCLUDING SOLID BLOCKING AT FLOOR PLANES. 14. THE ALLOWABLE LOADS AND INSTALLATION OF TIMBER CONNECTORS SPALL BE AS SET FORTH IN U.B.C. STANDARD NO.25-i7. 15. NOTCHING OR CUTTING OF ANY STRUTCTDRAL MEMBER IS PROHIBITED UNLESS SPECIFICALLY DETAILED ON THE STRUCTURAL PLANS. PLYWOOD 1. PLYWOOD SHALL BE APA GRADED PAWELS COMPLYING WITH PS 1/ANSI A199.1 FOR THE TYPE OF APPLICATIONS INDICATED_ Cl) �o 0 c� G a) r N a-000 a)ao C pv y O ch O •O C Lo N V NN 3 C C:r O y-0 V OC)0, .� w -C o J p Iv 7 Q-O. O G O o Q C M C o. O �° w L IU 8 W U Z W a 0 W ^W J O ` Z O O � V U e w LW 1 p co Q n� I Y , / W 2 DATE REV 05/�1/90 v0� N O • �► 0 % Ty 9r�t3EeRM, � Esc. L. I%VIW® ❑ _ ❑ _E?E4 RM . r:;� err, WALL ex, vV^L , 7E 7 Cco c) CO 4) 0 70 OO y O �o� J} Cc) CO i� r, cv C o- N � � 0 0- o - 0, o G) i ovo a Ll m V t W U Z W W J � p A � cv Z d O C o � � W � d U U c H F- o a N a Q ao a. LO uj H DATE ".L REV I O 0 —A i ST76-ICF-cTloi� --- �'-oil If L Ifs P W/J.t. 44'I qc Nk.L PEW 2,, RWV oEcL clJ 2- �7'I 4 �Ecl�ll�e 1 M , E D 2 .o oAN -- -- ./�.R I es --------- 12 _.CUT Erb. 7•rll y J,, LEDGER SiwxfrL) -- T.I I ei�' KiT Ef2u4 Woa. - - I�Ew Imo' -u neop. .Joi5r> G !� p o E Tbp of 6t'\a e�T�.II_ S�CTIoIJ - 1 I'1= r oil TWO FLOOR PLAN I'O1I GoMp 12ooFlpe 0hj 1 RIotD I��d�,� �� I-,$�_- bPCKll.�j (GEAR?] �M� K 10Aktfk)P DXRa, w/3' L y /-� FvSU� To vbTch{ e4C, - ✓�K Il n t� `� • - I lI TICo-IJ I/q --- /v- - U�5 To AVA r;rl - I' -- WIiLJI'. wau, fan,1-4 _— # --- - CA* DL vtD _ w 0 �o a) co co N 0 -0 co all 0 0 o� y c d O Nco� E o .V c o V O c4 o �� U N � N H � c C O 00-0 0 0, H c �o " N ' C o00 O Q c c) ��v C fl. a a O U' t W 0 Z W 0 � c') m o W J 'C L L 0 _ Z o O a� /cl) W AD ~ a o CO L N a a W i -DATE_ F1 E V , _5/�719p JOB -7- N O �= z i e I I Ash iTioN IsT 9" nJCT PLF, SOUTH ELEVATION EAST ELEVATION �o co o r E> d n a0 C ° 0 � Q O o� N C � N V C CC O CD " Lc) •O CV 0 U NN 7 N m C 0 cid U vm o a o ar-- c aF� v� N C) o p c-4 i C 0 CD a �c� a O U w O z w o c� Z d o O � w F- F- C CL a Q co a Lo w 2 F— 1 DATE 7M NE V Z 5/A✓V JOB N O NORTH ELEVATION • 0 WEST ELEVATION