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Home My WebLink Aboutcoa.lu.co.710 E Durant.Durant Mall.0048.20130048.2013.ASLU 710 E DURANT F. A No. ET2-150c UPC 2MO smead.com m Made in USA SH PROGRAM RCQIMt(MNA6i WWWlFjlVMf!tA C THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0048.2013.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS 710 E DURANT PLANNER SARA NADOLNY CASE DESCRIPTION CONDOM INIUMIZATION REPRESENTATIVE DAVID MYLER DATE OF FINAL ACTION 10/10/2013 CLOSED BY DJAMA MARTIN ON: 02/07/2014 O ff' Zol ^ AS LAA File Edit Record Navigate Form Reports Format Tab Help •°jump Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation Arch jEng Custom Fields Sub Fern t Permit type Aspen land Use Permit t 0048.2013.ASLU ` Address 110 E QURWdT ApVSuite City ASPEN State CO lip 81611 Permit Information I � Master permit Routing queue aslu07 Applied 0?103 2013 XProject I Status 1pending Approved fo ' y Description APPLICATION FOR SUBDNISION EXEMPTION Issued ClosedjFinal Q Submitted JDAVID MYLER 927 04- H Clock Running Days I �I Expires 06.2a'201 Owner Last name RAl'JT PALL COl1DOh�11hllUlai First name !MARC STILL 710 DURANT ASPEN CO 81621 Phone (970) 927-O4h6 Address €' Applicant Owner is applicant? Contractor is applicant? 3 Last name MYLER First name DAVID 211 MIDLAND NE 201 Phone i 970192Q 1018 Cult = !26693 kddrass AA.SAI T CO 81621 Lender Last name First name _., As enGoldS server an elas 1 of 1 CY-.- �31 �k =ff va 7 71311 �e,, . Zo 0 RECEIVED JUL 0 3 �013 ATTACHMENT 2 —LAND USE APPLICATION CITY OF A.gDp,, ` ""' `'` DURANT MALL, PARKING (; l — • • Name: Durant Mall Dondominilm► Assn, Ltd. Location: 710 E. Durant, Aspen CO Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) \PPLICANT: Name: Block 106 Associates, Combo Ventures, LL:.., Dale & Gabriella Dillingham Address: c/o The Myler Law Firm, 211 Midland Avenue, Ste 201 Basalt, CO 81621 Phone #: 970-927-0456 REPRESENTATIVE: W Name: David J. M ler Address: 211 Midland Avenue Ste 201 Basalt Colorado 81621 Phone #: 970-927-0456 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ® Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condom iniumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use E\ISTING CONDI"DONS: (description of existing buildings, uses, previous approvals, etc.) Parking Garaqe for Durant Mall PROPOSAL: (description of proposed buildings, uses, modifications, etc Have you attached the following? FEES DUE:: $/ ® Pre -Application Conference Summary (� r U0 Attachment # 1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF: THE DURANT MALL (A CONDOMINIUM) 710 E DURANT AVE #P16, #P17, #P18, & #P19, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE FOUR UNITS IN THE PARKING GARAGE AS SHOWN ON THE CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) RECORDED FEBRUARY 6, 1976 1N PLAT BOOK 4 AT PAGE SM AS RECEPTION NO. 181398 SHEET 1 OF 2 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS »..m. »..» . .n. .�...�... — — COOPER AVE — C TY MAR KET SITE r .onv.�o.anem, emvn.0 �....,-o, o m..rvau --- y mrenr., worcru..wv ALUE WAY m�m>ta p DURANT MALL C NDOS ti Q ...�.. ..� Z�F R181398 Iep 2 ,...a,...,.,,,,...�........- .....m....m....��,..,.,...,,..» °m.�. vas E �� SUBJECT PROP ERTY a -..o...o� • ®..b. � -- ,,,mwoaw� o.0 ,nsuvawwa.rq _ / ,o�d...ow.o.,°,:.; " .m,.,..,,.-,..�.,nn..o.v�.oaM ,»,.,.�..,��....m.,x �...»�v..»...�„».a,..,u �u� ,.pfCa »AMm'R w�u vsoew.-u.uo rq�A4 I R�..w,oe�a,e,[n..,vm°cmiecar�M,+mvm.m. arn.muwucmv° DURANTAVE i SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81823 (970) 700.-0311 m •aeuvcwweurn c.-aomcorarrzwow ¢.cH.c°o,ra.rti n.rsa.m smcrA« us,un cwraun«aa�n+,oe�� .rvomra ca+aaawn.,an APµ Mt,wµ Pµ rPA urt K,renT M�¢1 urtrs+�rwa Pa.al��Pn 6MM1C SGLL[ rfrTl 1M•IR FOURTH SUPPLEMENTAL CONDOMNUA IMP Of THE DURANT MALL (A CONDOMINIUM) 710 E DURANT AVE #P16, #P17, #P18, & #P19, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE FOUR UNITS IN THE PARKING GARAGE AS SHOWN ON THE CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) RECORDED FEBRUARY 6, 19761N PLAT BOOK 4 AT PAGE 585 AS RECEPTION NO. 181398 SHEET 2 OF 2 RAMP AND PARKING GARAGE DETAIL " uNrt UNIT .. 0 P-19 UNIT m ' m-22 UNIT y}}y nnR TTTTTT111111 v:¢ UNIT I �� t '• na 1 --- ONIT P-17 UNIT P-116 RAMPS AND ACCESS CORRIDORS ARE GOE'S FOR PARKING UNITS AND FOR ACCESS TO ELEVATOR, MECHANICAL ROOM, ELECTRICAL ROOM AND TRASH ROOM. MECHANICAL, —. ELECTRICAL& ELEVATOR qua - I UNIT ( e-27 liI n roa onm�. I P-30 UNR j .. n•nns. I UNIT I ,rn w.� I .0 I 1 ,n-n .. ,m ron.ronm °,r UNIT UNR P-28 nPi-25 UNIT j t _P-an .. _ ,.s... YSr i ,} xca UNIT s li a —c- cz-F` I I � I 1LC lI Ivi: F". _�3` E9 —lAr-f_4 ;5.--. I I'1 ,.l:Jl:i'D aE ll'' .l Li!..'AL !L3.24-LE16I .e A:!'t, GARAGE LEVEL PLAN VIEW S_ OPRIS ENGINEERING - LLC CML CONSULTANTS 502 MAIN STREET, SUITE A3 wr.o i CARBONDALE COLORADO 81823 (870) 7M-0311 s rrn enaam r. E THE MYLER LAW FIRM, P.C. A Colorado Professional Corporation TELEPHONE AVID J. MYLER (970) 927-0456 21 1 MIDLAND AVENUE FACS -0 iu ADMITTED IN CO (970) 927-0374374 SurrE 201 BASALT, COLORADO 81621 dm ler m Ierla �1 S Y C� Y wPe.com cvincent@myleriawpc.com CHER VINCENT,PARALEGAL July 1, 2013 Jennifer Phelan, AICP RECEIVED Deputy Planning Director J U L 0 3 2013 Community Development Department City of Aspen CITY OF ASPEN 130 South Galena COMMUNITY DEVELOPMENT Aspen, CO 81611 Re: Durant Mall Parking Dear Jennifer, On behalf of the owners of Condominium Units PSI 6-19 of Durant Mall (A Condominium) and with consent of the Durant Mall Homeowners Association, Ltd., I am submitting this letter and the attachments as an application for an amendment to the Condominium Map for Durant Mall (A Condominium). This application is filed pursuant to Sections 26.304 and 26.480.090(B), Condominiumization. The amendment affects only Units PS16-19 located at 710 E. Durant Avenue in Aspen. These Units consist of parking spaces located on the lower level of the Durant Mall Condominium Building. The requested amendment will have the effect of dividing Units PSI 6- 19, each of which contain several individual parking spaces, into fifteen separate parking spaces along with the creation of common areas consisting of drive isles. In support of this application, I have attached the following: 1. Pre -Application Conference Summary; 2. Land Use Application; 3. Deposit in the amount of $915.00; 4. Letter of Authorization and Consent from the owners of Units PS 16-19 and the Association; 5. Title Report; 6. Agreement to Pay Application Fees; 7. Draft of Amendment No. 1 to the Condominium Map for Durant Mall (A Condominium) (two paper copies attached. Electronic version sent by separate e-mail); Durant Mall Parking • July 1, 2013 Page 2 8. Draft of an Amendment to the Condominium Declaration for Durant Mall (A Condominium) which adjusts the percentage interests in the general common elements for the Condominiumized Parking Spaces and removes provisions from the Declaration which allow commercial use of certain Parking Units. If you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, THE MYLER FIRM, P.C. By: (11 David J. Myler DJM/cv Enclosures cc: Marc Still (via e-mail) Mark Beckler (via e-mail) • CJ CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY m.t,g�2c'(3-k>UJ PLANNER: Jennifer Phelan 970-429-2759 DATE: 9/13/12 PROJECT: Durant Mall, Amended Condo Plat REPRESENTATIVE: David Mylar, Attorney TYPE OF APPLICATION: Condominiumization DESCRIPTION: The Applicant proposes to amend the condo plat for the Durant Mall Condominiums, The original condo plat was recorded under Book 4, Page 565 with the Pitkin County Clerk and Recorder's office. The plat, which was not signed by the city, shows individual parking spaces as units as well as multiple parking spaces as units. The Applicant would like to individualize each parking space into a unit. The applicant will need to meet all of the requirements of Section 26.480.090 (B), Condom iniumization, to complete the project. Additionally, staff is concerned that the parking may have been required to serve the building when it was originally developed and creating parking units rather than Limited Common Elements will enable purchase of the parking by users not associated with the building. This issue should be discussed with staff and resolved prior to submission of a land use application. Below is a link to the Land Use application Form for your convenience: hftr),Hwww.asDenr)itkin.com/Portals/O/docs/City/Comdev_/Apps%2Oand%2OFees/2011 %2Oland%20use %20app%20form.pdf RECEIVE[ Land Use Code Section(s) 26.304 Common Development Review Procedures JUL U 3 2013 26.480.090 Condominiumization CITY OF ASPEN Below is a link the Land Use Code for your convenience: COMMUNITY DEVELOPMENT httD://www.ast)eni)itkin.com/Departments/Community-Development/Planning-and- Zoning/Title-26-Land-Use-Code/ Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $630.00 Deposit for 2 hours of staff time. Review time for City Attorney and other referral departments also applies and is billed at same hourly rate. Additional Planning staff time required is billed at $315/hour Referral Fees: $265/hour for Engineering Review deposit Total Deposit: $895:60 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) tq f 5- -0T Total Number of Application Copies: Two (2) 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. 5. Signed fee agreement. 6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All necessary items found in Land Use Codes Section 26.480.090, Condom iniumization. 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. • 0 FOURTH AMENDMENT TO CONDOMINIUM DECLARATION FOR DURANT MALL (A CONDOMINIUM) RECITALS: A. Pursuant to Section 32, the Condominium Declaration for Durant Mall (a Condominium) ("Durant Mall") as modified by C.R.S. 38-33.3-217 (1)(a)(I), said Declaration may be amended by a vote of sixty-seven percent (67%) of the Owners with the consent of one hundred percent (100%) of the first mortgagees. B. The Owners of Commercial Units PSI 6-19, with the consent of the Durant Mall Condominium Association, Ltd., filed an Amendment to the Condominium Map for Durant Mall (Reception No. ) which re-condominiumizes Commercial Units PSI 6-19 as Parking Units 16-30. C. At a duly noticed special meeting of the Owners of Units with Durant Mall held on , 2013, the Owners of more than sixty-seven percent (67%) of the undivided interests in the general common elements appurtenant to Units in the Durant Mall voted in favor of the Amendments to the Condominium Declaration described below. D. Notice of the proposed Amendments was provided to all first mortgagees by mail and publication in accordance with C.R.S. 38-33.3-217 (b)(I). No mortgagee objections were received within the time allowed for such objections by C.R.S. 38-33.3-217(b)(II) and thus, by operation of law, all mortgagees are d9emed to have consented to the following Amendments. NOW THEREFORE, BE IT RESOLVED, that the Condominium Declaration for Durant Mall (a Condominium) is amended as follows: 1) Section 3(c) and 3(e) of the Condominium Declaration are hereby deleted in their entirety and shall hereafter be of no further force or effect. 2) Exhibit A to the Condominium Declaration, which describes the undivided interests in General Common Elements appurtenant to Parking Units in the Durant Mall, is amended to read as follows: Unit No. Percentage Interest Unit No. Percentage Interest P-1 0.333 P-16.. 0.333 P-2 0.333 P-17 0.333 P-3 0.333 P-18 0.333 P-4 0.333 P-19 0.333 P-5 0.333 P-20 0.333 P-6 0.333 P-21 0.334 P-7 0.333 P-22 0.334 P-8 0.333 P-23 0.334 P-9 0.333 P-24 0.334 P-10 0.333 P-25 0.334 P-11 0.333 P-26 0.334 P-12 0.333 P-27 0.334 P-13 0.333 P-28 0.334 P-14 0.333 P-29 0.334 P-15 0.333 P-30 0.334 Durant Mall Condominium Association, Ltd. By: its Secretary • Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 02-26-2013 Our Order Number: ABB62005073 Property Address: 710 E DURANT AVE # P16, #P17, # P18, #P19 ASPEN CO 81611 MYLER LAW FIRM PC 211 MIDLAND AVE #201 BASALT, CO 81621 Attn: DAVE MYLER Phone: 970-927-0456 Fax: 970-927-0374 Entail: dmyler@niylerlawpc.com Sent Via EMail If you have any inquiries or require further assistance, please contact Commercial Title Dew. Phone: 303-850-4130 Fax: Form DELZVERY.LP 0 • Form PIB/ORT PROPERTY INFORMATION BINDER I LTG Policy No. LTAQ62005073 Our Order No. ABB62005073 Liability: $50,000.00 Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES MYLER LAW FIRM PC herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of February 15, 2013 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: SEE ATTACHED 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company Ll • Our Order No. ABB62005073 Title to the estate or interest covered by this policy at the date hereof is vested in: BLOCK 106 ASSOCIATES, A COLORADO LIMITED PARTNERSHIP AS TO PARCEL A AND COMBO VENTURE, L.L.C., A TEXAS LIMITED LIABILITY COMPANY A/K/A COMBO VENTURE LLC A TEXAS LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 60 PERCENT INTEREST AND DALE DILLINGHAM AND GABRIELLA MICHELINI AS TO AN UNDIVIDED FORTY PERCENT INTEREST AS TO PARCEL B 0 • Form PIB/ORT I LTG Policy No. LTAQ62005073 Our Order No. ABB62005073 3. The land referred to in this Binder is situated in the State of Colorado, County of PITKIN described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: DEED OF TRUST DATED JULY 19, 2005 FROM BLOCK 106 ASSOCIATES, A COLORADO LIMITED PARTNERSHIP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TIMBERLINE BANK TO SECURE THE SUM OF $1,300,000,00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JULY 20, 2005, UNDER RECEPTION NO. 512586. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED JULY 20, 2005, UNDER RECEPTION NO. 512587. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 06, 1886, IN BOOK 29 AT PAGE 254. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 1887, IN BOOK 30 AT PAGE 205. "THAT NO TITLE SHALL BE HEREBY AQUIRED TO ANY MINE OF GOLD, SILVER, Land Title Guarantee Company Representing Old Republic National Title Insurance Company L • Form PIB/ORT 4. The following documents affect the land: (continued) LTG Policy No. LTAQ62005073 Our Order No. ABB62005073 CINNABAR, OR COPPER, OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS; AND PROVIDED FURTHER, THAT THIS DEED IS HEREBY MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES, SO FAR AS SAME IS APPICABLE THERETO" AS SET OUT IN DEED'S RECORDED DECEMBER 28, 1887 IN BOOK 59 AT PAGE 220; MARCH 28, 1888 IN BOOK 59 AT PAGE 405; JULY 6, 1888 IN BOOK 59 AT PAGE 455; AND JULY 9, 1889 IN BOOK 59 AT PAGE 569. 5. ALL ORE AND MINERALS BENEATH THE SURFACE TOGETHER WITH THE RIGHT TO REMOVE SAME AS SET OUT IN INSTRUMENTS RECORDED MAY 21, 1891 IN BOOK 93 AT PAGE 86; JULY 15, 1891 IN BOOK 105 AT PAGE 39; AUGUST 6, 1891 IN BOOK 105 AT PAGE 70; SEPTEMBER 9,1891 IN BOOK 105 AT PAGE 129; JUNE 10, 1891 IN BOOK 98 AT PAGE 490; DECEMBER 30, 1892 IN BOOK 106 AT PAGE 482; OCTOBER 15, 1892 IN BOOK 125 AT PAGE PAGE 1; JUNE 21, 1928 IN BOOK 158 AT PAGE 363, CONDOMINIUM DECLARATION, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 06, 1976, IN BOOK 308 AT PAGE 518 AND AS AMENDED IN FIRST AMENDMENT RECORDED OCTOBER 21, 1983, IN BOOK 453 AT PAGE 848 AND SECOND AMENDMENT RECORDED JUNE 14, 1984, IN BOOK 467 AT PAGE 876. RIGHT OF FIRST REFUSAL ACCORDING TO PARAGRAPH 24 OF CONDOMINIUM DECLARATION RECORDED IN BOOK 308 AT PAGE 518. 7. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 4, SERIES OF 1975 RECORDED APRIL 09, 1975 IN BOOK 297 AT PAGE 764. 8. TERMS, CONDITIONS AND PROVISIONS OF ARTICLES OF INCORPORATION RECORDED FEBRUARY 23, 1976 IN BOOK 309 AT PAGE 15. 9. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AGREEMENT RECORDED MARCH 10, 1978, IN BOOK 344 AT PAGE 598. 10. TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED APRIL 27, 1987 IN BOOK 534 AT PAGE 592 AND FIRST AMENDMENT RECORDED MAY 16, 2007 UNDER RECEPTION NO. 537894. 0 • LTG Policy No. LTAQ62005073 Form PIB/ORT Our Order No. ABB62005073 4. The following documents affect the land: (continued) 11. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ANY OTHER MATTERS AS SHOWN ON THE PLATS RECORDED FEBRUARY 6, 1976 IN PLAT BOOK 4 AT PAGE 565 AND AMENDMENTS RECORDED OCTOBER 21, 1983 IN PLAT BOOK 15 AT PAGE 48, AND RECORDED JUNE 14, 1984 IN PLAT BOOK 16 AT PAGE 10, AND RECORDED MARCH 20, 1998 IN PLAT BOOK 24 AT PAGE 6. 12. GRANT OF EASEMENT AS SET FORTH IN INSTRUMENT RECORDED NOVEMBER 21. 1995 UNDER RECEPTION NO. 387581. 13. TERMS, CONDITIONS AND PROVISIONS OF CO -TENANCY AGREEMENT RECORDED NOVEMBER 21, 1995 AT RECEPTION NO. 387583. 14. EXISTING LEASES AND TENANCIES. NOTE: ABOVE AFFECT PARCEL A 15. DEED OF TRUST DATED DECEMBER 21, 2007 FROM COMBO VENTURE, L.L.C. TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXAS CAPITAL BANK TO SECURE THE SUM OF $2,500,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED MAY 29, 2008, UNDER RECEPTION NO. 549724. SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST RECORDED OCTOBER 08, 2009 UNDER RECEPTION NO. 563509. SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST RECORDED MAY 29. 2008 UNDER RECEPTION NO. 549726. MODIFICATION AGREEMENT IN CONNECTION WITH SAID MORTGAGE RECORDED NOVEMBER 10, 2010 UNDER RECEPTION NO. 574991. 16. DEED OF TRUST DATED SEPTEMBER 12, 2002 FROM COMBO VENTURE, L.L.C. TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXAS CAPITAL BANK TO SECURE THE SUM OF $1,300,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER. THE TERMS THEREOF, RECORDED SEPTEMBER 12, 2002, UNDER RECEPTION NO. 472250. 17. FINANCING STATEMENT WITH TEXAS CAPITAL BANK, THE SECURED PARTY, RECORDED 0 • L"TG Policy No. LTAQ62005073 I Form PIB/ORT Our Order No. ABB62005073 4. The following documents affect the land: (continued) SEPTEMBER 13, 2002, UNDER RECEPTION NO. 472268 AND AMENDMENT AND AMENDMENT RECORDED MARCH 23, 2007 UNDER RECEPTION NO. 535719 RECORDED MARCH 22, 2012 UNDER RECEPTION NO. 587636. MODIFICATION AGREEMENT IN CONNECTION WITH SAID MORTGAGE RECORDED MAY 29, 2008 UNDER RECEPTION NO. 549725. 18. DEED OF TRUST DATED AUGUST 17, 2000 FROM COMBO VENTURE, L.L.C. TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF PRIME PETROLEUM PROFIT SHARING TRUST TO SECURE THE SUM OF $1,500,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED AUGUST 18, 2000, UNDER RECEPTION NO. 446228. MEMORANDUM OF PROFITS INTEREST AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 18, 2000, UNDER RECEPTION NO. 446229 AND MODIFICATION RECORDED SEPTEMBER 12, 2002 UNDER RECEPTION NO. 472247. 19. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 06, 1886, IN BOOK 29 AT PAGE 254. 20. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 1887, IN BOOK 30 AT PAGE 205. 21. "THAT NO TITLE SHALL BE HEREBY AQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR, OR COPPER, OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS; AND PROVIDED FURTHER, THAT THIS DEED IS HEREBY MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES, SO FAR AS SAME IS APPICABLE THERETO" AS SET OUT IN DEED'S RECORDED DECEMBER 28, 1887 IN BOOK 59 AT PAGE 220; MARCH 28, 1888 IN BOOK 59 AT PAGE 405; JULY 6, 1888 IN BOOK 59 AT PAGE 455; AND JULY 9, 1889 IN BOOK 59 AT PAGE 569. 22. ALL ORE AND MINERALS BENEATH THE SURFACE TOGETHER WITH THE RIGHT TO REMOVE SAME AS SET OUT IN INSTRUMENTS RECORDED MAY 21, 1891 IN BOOK 93 AT PAGE 86; JULY 15, 1891 IN BOOK 105 AT PAGE 39; AUGUST 6, 1891 IN BOOK 105 AT PAGE 70; SEPTEMBER 9, 1891 IN BOOK 105 AT PAGE 129; JUNE 10, 1891 IN BOOK 98 AT PAGE 490; DECEMBER 30, 1892 IN BOOK 106 AT PAGE 482; OCTOBER 15, 1892 IN BOOK 125 AT PAGE PAGE 1; JUNE 21, 1928 IN BOOK 158 AT PAGE 363. LTG Policy No. LTAQ62005073 Form PIB/ORT Our Order No. ABB62005073 4. The following documents affect the land: (continued) 23. CONDOMINIUM DECLARATION, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 06, 1976, IN BOOK 308 AT PAGE 518 AND AS AMENDED IN FIRST AMENDMENT RECORDED OCTOBER 21, 1983, IN BOOK 453 AT PAGE 848 AND SECOND AMENDMENT RECORDED JUNE 14, 1984, IN BOOK 467 AT PAGE 876. RIGHT OF FIRST REFUSAL ACCORDING TO PARAGRAPH 24 OF CONDOMINIUM DECLARATION RECORDED IN BOOK 308 AT PAGE 518. 24. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 4, SERIES OF 1975 RECORDED APRIL 09, 1975 IN BOOK 297 AT PAGE 764. 25. TERMS, CONDITIONS AND PROVISIONS OF ARTICLES OF INCORPORATION RECORDED FEBRUARY 23, 1976 IN BOOK 309 AT PAGE 15. 26. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AGREEMENT RECORDED MARCH 10, 1978, IN BOOK 344 AT PAGE 598. 27. TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED APRIL 27, 1987 IN BOOK 534 AT PAGE 592 AND FIRST AMENDMENT RECORDED MAY 16, 2007 UNDER RECEPTION NO. 537894. 28. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ANY OTHER MATTERS AS SHOWN ON THE PLATS RECORDED FEBRUARY 6, 1976 IN PLAT BOOK 4 AT PAGE 555 AND AMENDMENTS RECORDED OCTOBER 21, 1983 IN PLAT BOOK 15 AT PAGE 48, AND RECORDED JUNE 14, 1984 IN PLAT BOOK 16 AT PAGE 10, AND RECORDED MARCI 120, 1998 IN PLAT BOOK 24 AT PAGE 6. 29. GRANT OF EASEMENT AS SET FORTH IN INSTRUMENT RECORDED NOVEMBER 21, 1995 UNDER RECEPTION NO. 387581, 30. TERMS, CONDITIONS AND PROVISIONS OF CO -TENANCY AGREEMENT RECORDED NOVEMBER 21, 1995 AT RECEPTION NO. 387583. Our Order No. ABB62005073 LEGAL DESCRIPTION PARCEL A: I.TG Policy No. 1,TAQ62005073 PARKING LEVEL COMMERCIAL UNITS PS-16, PS-17 AND PS-19 THE DURANT MALL, (A CONDOMINIUM), ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 6, 1976, IN PLAT BOOK 4, PAGE 565, AS AMENDED BY AMENDED CONDOMINIUM MAP RECORDED OCTOBER 21, 1983, IN PLAT BOOK 15, PAGE 48 AND BY SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JUNE 14, 1984 IN PLAT BOOK 16, PAGE 10 AND PLAT RECORDED MARCH 20, 1990 IN PLAT BOOK 24 AT PAGE 6, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT MALL, (A CONDOMINIUM), RECORDED FEBRUARY 6, 1976 IN BOOK 308, PAGE 518, AS AMENDED BY FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED OCTOBER 21, 1983 IN BOOK 453, PAGE 848 AND BY SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JUNE 14, 1984 IN BOOK 467, PAGE 876 AND THIRD AMENDMENT RECORDED DECEMBER 26, 1995 IN BOOK 803 AT PAGE 52 AS RECEPTION NO. 388538. COUNTY OF PITKIN, STATE OF COLORADO PARCEL B: PARKING LEVEL COMMERCIAL UNIT PS-18, THE DURANT MALL, (A CONDOMINIUM), ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 6, 1976, IN PLAT BOOK 4, PAGE 565, AS AMENDED BY AMENDED CONDOMINIUM MAP RECORDED OCTOBER 21, 1983, IN PLAT BOOK 15, PAGE 48 AND BY SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JUNE 14, 1984 IN PLAT BOOK 16, PAGE 10 AND PLAT RECORDED MARCH 20, 1990 IN PLAT BOOK 24 AT PAGE 6, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT MALL, (A CONDOMINIUM), RECORDED FEBRUARY 6, 1976 IN BOOK 308, PAGE 518, AS AMENDED BY FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED OCTOBER 21, 1983 IN BOOK 453, PAGE 848 AND BY SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JUNE 14, 1984 IN BOOK 467, PAGE 876 AND THIRD AMENDMENT RECORDED DECEMBER 26, 1995 IN BOOK 803 AT PAGE 52 AS RECEPTION NO. 388538. COUNTY OF PITKIN, STATE OF COLORADO 0 • Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description'. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any o!her act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. Copyright 2006-2011 American land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. PIURT Cover Page 1 of 2 0 • 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement i'n writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed and made a part of this policy. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 533 E HOPKINS #102 ASPEN, CO 81611 303-850-4130 Atrized Sign�ture PIB.ORT Cover Page 2 of 2 ,,11111, ,'•, ,*IrcF�ti Mark Bilbrey * : n President ;% * * * a,�o�, Oro -- • - ANd .• •• " " ' Rande Yeager Secretary • DURANT MALL • March 19, 2013 Jennifer Phelan, Deputy Planning Director Community Development Department City of Aspen 130 South Galena Aspen, CO 81611 OWNER AUTHORIZATION Block 106 Associates, LLLP, as the owner of Commercial Units PS-16, PS-17, and PS-19 of the Durant Mall Condominiums ("Durant Mall") and Combo Ventures, LLC, Dale Dillingham and Gabriella Dillingham, as the owners of Commercial Unit PS-18 of Durant Mall hereby authorize and direct The Myler Law Firm and Sopris Engineering to file and process an application with the City of Aspen to re-condominiumize said Commercial Units into fifteen separate parking space condominium units and related general common elements. ' Block 106 By: V ". Lar aw, orized Date: 2 Combo Ventures, LLC its Date: Dale Dillingham Dater 0I Gabriella Dillingham Date: 3 DURANT MALL March 19, 2013 Jennifer Phelan, Deputy Planning Director Community Development Department City of Aspen 130 South Galena Aspen, CO 81611 OWNER AUTHORIZATION Block 106 Associates, LLLP, as the owner of Commercial Units PS-16, PS-17, and PS-19 of the Durant Mall Condominiums ("Durant Mall") and Combo Ventures, LLC, Dale Dillingham and Gabriella Dillingham, as the owners of Commercial Unit PS-18 of Durant Mall hereby authorize and direct The Myler Law Firm and Sopris Engineering to file and process an application with the City of Aspen to re-condominiumize said Commercial Units into fifteen separate parking space condominium units and related general common elements. Block 106 Associates By: Larry Yaw, authorized representative Date: Combo Ventures, LLC its -- Date: 4&-,eh 7 Dale Dillingham Date: Gabriella Dillingham Date: 0 ASSOCIATION CONSENT The Durant Mall Condominium Association, Ltd., hereby consents to the re - condom iniumization of Commercial Units PS-16, PS-17, PS-18 and PS-19, Durant Mall into fifteen separate parking space condominium units together with related general common elements. The Durant Mall Condominium Association, Ltd. By: .-)146�� Marc/ ill, President Date: $I �3 /17 io%- 2o13 4S t-U RECEWED IIn n 19nn Agreement to Pay Application Fees Anagreement between the City of Aspen ("City") and - -- Property Durant Mall Coixlo Assn. , Ltd Phone No.: 970-927-0456 Owner ("I"): Email: dmyler@mylerlawpc.com Address of Billing Property: 710 E. Durant Address: SAME Aspen CO 81611 (subject of hsp(send bills here) application)_ — I understand that the City has adopted, via Ordinance No , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. flat fee for $ — flat fee for flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650.01) deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Prope �wner: Dur t Mall Condo Assn., Ltd Chris Bendon Marc Still Community Development Director Name: President Title - City Use: Fees DUe: $ Received: November, 2011 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 • • THE CITY of ASPEN Land Use Application Determination of Completeness Date: July 9, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0048.2013.ASLU — 710 E. Durant. The planner assigned to this case is Sara Nadolny. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, ennif P elan, Deputy Director City o spen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No—X— Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No��, Commercial E.P.F. FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF: THE DURANT MALL A CONDOMINIUM) 710 E DURANT AVE #P16, #P17, #P18, & #P19, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO ✓PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE FOUR UNITS IN THE PARKING GARAGE AS SHOWN -ON THE CONDOMINIUM NIAP-OF-THE DURANT MAL"A CONDOMINIUM) RECORD€-D--F-EBRUARY&,-t976-IN-PLK713 TOK 4 AT --PAGE 565-AS- RECEPTION NO. 181398 ' -- CERTIFICATE OF DEDICATION AND OWNERSHIP: ieSHEET 1 OF 2 +OLF OOURSF KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, DURANT MALL CONDOMINIUM ASSOCIATION, LTD AS TO THE GENERAL COMMON ELEMENTS OF THE DURANT MALL, (A CONDOMINIUM), BLOCK 106 ASSOCIATES, A COLORADO LIMITED PARTNERSHIP AS TO PARCEL A AND COMBO VENTURE, L.L.C., A TEXAS CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS LIMITED LIABILITY COMPANY A/K/A COMBO VENTURE LLC A TEXAS LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 60 PERCENT INTEREST AND DALE DILLINGHAM AND GABRIELLA MICHELINI AS TO AN UNDIVIDED FORTY PERCENT INTEREST AS TO PARCEL B, BEING THE OWNERS OF THAT REAL PROPERTY - - - -_ - _- - - I-- - - - o_ -1 - - DESCRIBED AS FOLLOWS: - �- -- I- f - - -- -- L �S PARCEL A: •` PARKING LEVEL COMMERCIAL UNITS PS-16, PS-17 AND PS-19 THE DURANT MALL, (A CONDOMINIUM), ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 6, 1976, IN PLAT BOOK 4, PAGE 565, AS AMENDED BY AMEVDED CONDOMINIUM MAP RECORDED OCTOBER 21, 1983, IN PLAT BOOK 15, PAGE 48 AND BY SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JUNE 14, 1 M4 1N PLAT BOOK 16, PAGE 10 AND PLAT RECORDED MARCH 20, 1990 IN PLAT BOOK 24 AT PAGE 6, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT MALL, (A CONDOMINIUM), RECORDED FEBRUARY 6, 1976 IN BOOK 308, PAGE 518, AS AMENDED BY FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED OCTOBER 21, 1983 IN BOOK 453, PAGE 848 AND BY SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JUNE 14, 1984 IN BOOK 467, PAGE 876 AND THIRD AMENDMENT RECORDED DECEMBER 26, 1995 IN BOOK 803 AT PAGE 52 AS RECEPTION NO. 388538. COUNTY OF PITKIN, STATE OF COLORADO PARCEL B: PARKING LEVEL COMMERCIAL UNIT PS-18, THE DURANT MALL, (A CONDOMINIUM), ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 6, 1976, IN PLAT BOOK 4, PAGE 565, AS AMENDED BY AMENDED CONDOMINIUM MAP RECORDED OCTOBER 21, 1983, IN PLAT BOOK 15, PAGE 48 AND BY SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JUNE 14, 1984 IN PLAT BOOK 16, PAGE 10 AND PLAT RECORDED MARCH 20, 1990 IN PLAT BOOK 24 AT PAGE 6, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT MALL, (A CONDOMINIUM), RECORDED FEBRUARY 6, 1976 IN BOOK 308, PAGE 518, AS AMENDED BY FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED OCTOBER 21, 1983 IN BOOK 453, PAGE 848 AND BY SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JUNE 14, 1984 IN BOOK 467, PAGE 876 AND THIRD AMENDMENT RECORDED DECEMBER 26, 1995 IN BOOK 803 AT PAGE 52 AS RECEPTION NO. 388538. COUNTY OF PITKIN, STATE OF COLORADO HAS BY THESE PRESENTS DIVIDED, LAID OUT, PLATTED AND CREATED PARKING CONDOMINIUM UNITS, TOGETHER WITH APPURTENANT COMMON ELEMENTS AND OWNERS HAVE ALSO MADE CERTAIN CORRECTIONS AND RECONFIGURATIONS OF PARKING SPACES, STORAGE UNITS AND COMMON ELEMENTS, ALL AS SHOWN AND NOTED ON THIS FOURTH SUPPLEMENT CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) AND MADE PURSUANT TO AND FOR THE PURPOSES STATED IN THE DECLARATION; AND DECLARANT HEREBY SUBMITS SUCH PARKING AND STORAGE UNITS AND COMMON ELEMENTS TO CONDOMINIUM OWNERSHIP PURSUANT TO THE ACT AND THE DECLARATION. EXECUTED THIS DAY OF _2013. GENERAL COMMON ELEMENTS OF THE DURANT MALL, (A CONDOMINIUM) 40 PERCENT INTEREST OWNER: DALE DILLINGHAM AND GABRIELLA MICHELINI OWNER: DURANT MALL CONDOMINIUM ASSOCIATION, LTD BY: BY: DALE DILLINGHAM MARC STILL STATE OF ) AS: PRESIDENT )Ss COUNTY OF ) STATE OF COLORADO) )Ss THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE COUNTY OF PITKIN ) ME THIS DAY OF 2013, BY DALE DILLINGHAM. THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2013, BY MARC STILL AS WITNESS MY HAND AND OFFICIAL SEAL PRESIDENT OF DURANT MALL CONDOMINIUM ASSOCIATION, LTD. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: PARCEL A OWNER: BLOCK 106 ASSOCIATES, A COLORADO LIMITED PARTNERSHIP BY: AS: STATE OF COLORADO) )SS COUNTY OF PITKIN ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2013, BY AS OF BLOCK 106 ASSOCIATES, A COLORADO LIMITED PARTNERSHIP. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: PARCEL B 60 PERCENT INTEREST OWNER: COMBO VENTURE, L.L.C., A TEXAS LIMITED LIABILITY COMPANY A/K/A COMBO VENTURE LLC A TEXAS LIMITED LIABILITY COMPANY BY: AS: STATE OF ) )SS COUNTY OF ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2013, BY AS OF COMBO VENTURE, L.L.C., A TEXAS LIMITED LIABILITY COMPANY. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: BY: GABRIELLA MICHELINI STATE OF ) )SS COUNTY OF ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2013, BY GABRIELLA MICHELINI. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: I J GPS-2 DURANT AND GALENA r, m v ti °a z LSET BRASS CAP LS #28643 ALLEY WAY ✓ VICINITY MAP SCALE: 1" = 2000' SHEETINDEX 1) CERTIFICATES, NOTES, CONTROL,EXTERIOR BOUNDARY, AND VICINITY MAPS 2) RAMPS AND PARKING GARAGE DETAIL LEGEND - CITY OF ASPEN STREET MONUMENT QQ FOUND PROPERTY CORNER SET BRASS CAP LS #28643 ^ 0 - SET PROPERTY CORNER co FOUND REB & P I EGIBLE S 7 C #1 398 D JRANT MALL CONDOS R 81398 a °wry a SUBJECTPROPERTY TY a a�I Q QO �v Z 4T SET B 1ASS CAP LS #2864 14.94' 15.06' N 75°09'11" W (165.06'PER REC 181398) I 1 I SET BRASS CAP LS #28643 30.00' I S- 7.49'Sj1E �� j75 45 I I i I I I V.GRAPHIC SCALE 30 0 15 30 60 120 - (IN FEET) 1 inch = 30 ft. GENERAL NOTES FOU D REBAR AND CAP ILLEGIBLE 1) DATE OF SURVEY: APRIL 2013. I 2) DATE OF PREPARATION: APRIL 2013. n I 3) BASIS OF BEARING: A BEARING OF N75°09'11 "W BETWEEN THE SE CORNER OF BLOCK 106, CITY AND TOWNSITE OF ASPEN AND THE SW CORNER OF SAID BLOCK. 00 „i N J 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15, 1959, CITY OF ASPEN GPS CONTROL o LL OI Q MONUMENTATION MAP PREPARED BY MARGIN ENGINEERING LLC, DATED DECEMBER 2, 2009, CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) v REC #181398, DURANT MALL AMENDED SHEET 5 OF THE CONDOMINIUM PLAT OF THE DURANT MALL (A CONDOMINIUM) REC #254134, DURANT MALL 00 0 = Z SECOND SUPPLEMENTAL CONDOMINIUM MAP REC #260233, THIRD SUPPLEMENTAL CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) REC c #321046, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN. N Ln � m I 5) BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARCIN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7945.54' (NAVD 1988) ON THE CENTERLINE OF SOUTH WEST END STREET AND EAST DURANT AVENUE "GF5-1 ". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7939.83 FEET ON O THE SE CORNER OF THE SUBJECT PROPERTY (SE CORNER LOT Q OF BLOCH 106), CITY AND TOWNSITE OF ASPEN. 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE PROPERTY INFORMATION BINDER PREPARED BY LAND TITLE GUARANTEE COMPANY, UNDER ORDER NO. ABB62005073, DATED AS OF FEBRUARY I 15, 2013. 7) THE LINEAR UNIT USED IN THE PREPARATION OF THIS MAP IS THE U S SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE 0' 30.00' 30.00' 30.00' 30.00' 30.DO' I UNIT TIE 0.00 30.00 FOUND REB RAND CAP ALPINE ILLEGIBLE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. N75"09'11"W 269.99' (BASIS OF BEARING) FOUND #5 REBAR BASIS OF ELEVATION 7939.83 N70= 6) ALL RECEPTION NUMBERS REFERENCED HEREON ARE FOR DOCUMENTS RECORDED IN THE PITKIN COUNTY, COLORADO CLERK AND RECORDER'S 442 97'� �E OFFICE. GPS-1 DURANT AND WESTEND - I /_ NAVD 88 ELEV 7945.54 -JIB_- -- - - - (75.00'RIGHT-OF-WAY) - - V DURANT AVE LIENHOLDER'S SUBORDINATION - PARCEL A THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO. 5125B6 AND 512587 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS FOURTH SUPPLEMENT CONDOMINIUM MAP OF DURANT MALL (A CONDOMINIUM) AND HEREBY SUBORDINATES THE LIEN OF SAID DEEDS OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS _ DAY OF , 2013. TIMBERLINE BANK BY: ITS: STATE OF ) ) SS. COUNTY OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2013, BY AS OF TIMBERLINE BANK. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC LIENHOLDER'S SUBORDINATION - PARCEL B THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO. 549724, AND ITS CONNECTED SUBORDINATION AGREEMENTS RECORDED AS RECEPTION NOS. 5635097 AND 549726 AND AS WAS MODIFIED IN THAT DOCUMENT RECORDED AS RECEPTION NO. 574991 AND PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO.472250 AND ITS CONNECTED FINANCING STATEMENT AND AMENDMENTS THERETO RECORDED AS RECEPTION NOS. 472268, 535719 AND 587636 ALL OF THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS FOURTH SUPPLEMENT CONDOMINIUM MAP OF DURANT MALL (A CONDOMINIUM) AND HEREBY SUBORDINATES THE LIEN OF SAID DEEDS OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS _ DAY OF , 2013. TEXAS CAPITAL BANK BY: ITS: STATE OF ) )Ss. COUNTY OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2013, BY AS OF TEXAS CAPITAL BANK. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC T --- I I - CONTROL MAP LIENHOLDER'S SUBORDINATION - PARCEL B THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO. 446228 AND ITS CONNECTED MEMORANDUM OF PROFITS INTEREST AGREEMENT RECORDED AS RECEPTION NO.446229 AND AS WAS MODIFIED IN THAT DOCUMENT RECORDED AS RECEPTION NO.472247 ALL IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS FOURTH SUPPLEMENT CONDOMINIUM MAP OF DURANT MALL (A CONDOMINIUM) AND HEREBY SUBORDINATES THE LIEN OF SAID DEEDS OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS _ DAY OF , 2013. PRIME PETROLEUM PROFIT SHARING TRUST BY: ITS: STATE OF ) ) SS. COUNTY OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF , 2013, BY AS OF PRIME PETROLEUM PROFIT SHARING TRUST. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 / DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF _2013. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. COMMUNITY DEVELOPMENT DIRECTOR /CITY ENGINEER REVIEW THIS FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM), SHOWN HEREON, WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF 2013. CITY ENGINEER TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THAT THE ENTITIESIPERSONS LISTED AS OWNERS OF PARCEL A AND PARCEL B ON THIS CONDOMINIUM MAP DO HOLD FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE PROPERTY INFORMATION BINDER ISSUED BY LAND TITLE GUARANTEE COMPANY, UNDER ORDER NO. ABB62005073, DATED AS OF FEBRUARY 15, 2013. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT LAND TITLE GUARANTEE COMPANY, NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY: DATE oniz ADDRESS: 533 HOPKINS #102 ASPEN, CO 81611 STATE OF COLORADO) )SS COUNTY OF 1 THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2013, BY AS TITLE OFFICER OF LAND TITLE GUARANTEE COMPANY, INC WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC SURVEYOR'S CERTIFICATE I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM); THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON THAT -THE -SA F ARE BASED ON FIELD SURVEYS PERFORMED DER MY SUPERVISION NIAPRIL 2013; THAT THIS CONDOMINIUM MAP V11 MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106: THAT THIS CONDOMINIUM MAP (1) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 OF THE COLORADO REVISED STATUTES, AND (I!) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TA BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN-1 IN. 15,009JRECORDED EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE PROPERTY INFORMATION BINDER PREPARED BY LAND TITLE GUARANTEE COMPANY, UNDER ORDER NO. ABB62005073, DATED AS OF FEBRUARY 15, 2013. MARK S. BECKLER, P.L.S. #28643 DATED ,2013. CLERK AND RECORDER'S ACCEPTANCE THIS FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK _.M., THIS DAY OF , 2013, IN PLAT BOOK , AT PAGES , RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER sb 12178 2013-04-30 1278_CONDO.DWG FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF: THE DURANT MALL (A CONDOMINIUM) 710 E DURANT AVE #P16, #P17, #P18, & #P19, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE FOUR UNITS IN THE PARKING GARAGE AS SHOWt!_ N THE ONDOMINIUM MAP OF THE DURANT MALL'�° -- CONDOMINIUM) RECORDED-FEBRUARY B;1976 IN PLAT BOOK 4ATIPAGE 565 AS -RE- C-EPTIONNO: 184-398- SHEET 2 OF 2 RAMP AND PARKING GARAGE DETAIL GENERALNOTES 1) DATE OF SURVEY: APRIL 2013. 2) DATE OF PREPARATION: APRIL 2013. 3) BASIS OF BEARING: A BEARING OF N75-09-11"W BETWEEN THE SE CORNER OF BLOCK 106, CITY AND TOWNSITE OF ASPEN AND THE SW CORNER OF SAID BLOCK. 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15, 1959, CITY OF ASPEN GPS CONTROL MONUMENTATION MAP PREPARED BY MARCIN ENGINEERING LLC, DATED DECEMBER 2, 2009, CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) REC #181398, DURANT MALL AMENDED SHEET 5 OF THE CONDOMINIUM PLAT OF THE DURANT MALL (A CONDOMINIUM) REC #254134, DURANT MALL SECOND SUPPLEMENTAL CONDOMINIUM MAP REC #260233, THIRD SUPPLEMENTAL CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) REC #321046, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN. 5) BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARGIN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7911.98' (NAVD 1988) ON THE NGS STATION "Q-159". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7937.58 FEET ON THE NE CORNER LOT S OF BLOCK 106, CITY AND TOWNSITE OF ASPEN. 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE PROPERTY INFORMATION BINDER PREPARED BY LAND TITLE GUARANTEE COMPANY, UNDER ORDER NO. ABB62005073, DATED AS OF FEBRUARY 15, 2013. 7) THE LINEAR UNIT USED IN THE PREPARATION OF THIS MAP IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 8) ALL RECEPTION NUMBERS REFERENCED HEREON ARE FOR DOCUMENTS RECORDED IN THE PITKIN COUNTY, COLORADO CLERK AND RECORDER'S OFFICE. LEGEND GCE -GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEME CF - SLO D CONCRET OOR CE - CEILING POINT) SE-C'WNG, STRUCTURAL ELEMENT ME - CEILING, MECHANICAL ELEMENT INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14°57'49"E NORTH -SOUTH -EXTERIOR WALL BEARING (TYP.) S75°02'11"E EAST -WEST- EXTERIOR WALL BEARING (TYP.) N14°57'49"E NORTH -SOUTH -INTERIOR WALL BEARING (TYP.) S75°02'11 "E EAST -WEST -INTERIOR WALL BEARING (TYP.) CONY RSION OF SPACES UNIT P -16 => P-16, PAT P-18, P-19, & P-20 UNIT PS-17 => P-21, P-22 & GCE UNIT PS-18 => P-23, P-24, P-25, P-26, & P-27 UNIT PS-19 => P-28, P-29, P-30, & GCE UNIT TIE BEARS 546°40'15"E 165.11' TO SE PROPERTY CORNER UNIT TIE BEARS S49053'21"E 160.50' TO SE PROPERTY CORNER UNIT TIE BEARS S55°36'04"E 154.07' TO SE PROPERTY CORNER �ILi I f �. E-U1JNt I TICN ?N[:> 54PTH EASEMENT NOTE 1) THE CONDOMINIUM MAP OF THE DURANT MALL PLATTED ACCESS EASEMENTS FOR THE ELEVATORS AND MECHANICAL RUNS ACROSS PORTIONS OF UNITS PS-17 AND PS-19. THIS SUPPLEMENT RECONFIGURES PORTIONS OF SAID UNITS WHERE SAID ACCESS EASEMENTS WERE LOCATED INTO GENERAL COMMON ELEMENTS. THIS MAP VACATES SAID ACCESS EASEMENTS WHERE GCE ARE MAPPED AND RECONFIGURES SAID EASEMENT ON CURRENTLY MAPPED UNIT P-28. GRAPHIC SCALE 8 0 4 8 16 32 ( IN FEET) 1 inch = 8 ft. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. FF=7929.46 CE=7939.83 UNIT 10.2' P-20 208 SQ.FT. •-- ----.-20.5'll UNIT P-19 17 208 SQ.FT. e T`7:18.3 -� ,UNlT 8.5' P-18 172 SQ.FT. UNIT s:s P-17 k 172 SQ iT. - UNIT 8.5' 20.3' P-16 JCEFF-7929.29 172 SQ.FT. -7939.83 FF=7929.42 CE=7939.83 2.0'x1.0' 44.4'- Il L)NF 1 45.8' FF=7929.43 FF=7929.41 FF=7929.53 CE=7939.83 CE=7939.83 / CE=7939.83 ME=7936.47 SE=7936.62 / SE=7936.69 - 24.0' I- 20.7' 11.5' UNIT UNIT TIE BEARS P-22 S37036'07"E 127.06' I 237 SQ.FT. TO SE PROPERTY CORNER I 22.9' UNIT 1 11.5' 2P SQ.FT. I GCE _ I 1122 SQ.FT. ! FF=7929.10 CE=7939.83 2.0'x1.0' SE=7936.61 SEE EASEMENT I I 1 NOTE HEREON tO GME HANICAL, TRICAL & ELEVATOR C. Imo•-. FF=7929.19 CE=7939.83 SE=7936.61 ;RAMPS AND ACCESS CORRIDORS ARE GCE'S FOR PARKING UNITS AND FOR ACCESS TO ELEVATOR, MECHANICAL ROOM, ELECTRICAL ROOM AND TRASH ROOM. 2n r,,7, 18.0' UNIT 10.2' P-27 185 SQ.FT. # UNIT P-26 10.2' 185 SQ.FT. UNIT P-25 8.4' 153 SQ.FT. UNIT 23. P-24 8.4' " 153 SQ.FT. --TP15_ UNIT P-23 8.4' 153 SQ.FT. I FF=7929.36 FF=7929.43 CE-7939.83 CE=7939.83 23.8'-it UNIT UNIT TIE BEARS �0.9' UNIT 11.4' Sll°27'04"E 86.27' P-30 UNIT TIE BEARS TO SE PROPERTY CORNER 219 SQ.FT. - S23026'141'E 100.11' I 2.0'x1.O' TO SE PROPERTY CORNER- FF=7929.36 CE=7939.83 45.7' 5E=7936.65 j UNIT UNIT TIE BEARS I P-29 9.7 S14°39'10"E 77.66' I "' SQ.FT. 2.0'x1.O' TO SE PROPERTY CORNER -- -_. - 43.V _ _ GCE I UNIT 1088 SQ.FT. UNIT TIE DEARS ACCESS EASEMENT I P-28 - 531°09'43"E 86.26' 3.15' TO MECHANICAL I 187 SQ.FT. 918' TO SE PROPERTY CORNER (5.40'x3.15') FF=7929.43 CE=7939.83 5.40' 1. f- 13.80' UNITTIE BEARS SEE EASEMENT j 535`29'1 "E80.65'NOTE HEREON E HANICAL, TOA&OR�PIEIYLY GONER o ELE TRICAL &- ELE�ATgR 1:�.I 2.3'x1.3'� ��- FF=A29.27 FF=7929.14 CE=7939.83 CE=7939.83 SE=7936.68 ME=7936.42 1 I I t I ( I I f i i U`fi-f P2 1,1UNT .P t U"A17 E'4 ! :Jt { - P I L1N(T 1PC ! UI`,tj7 :tom i ! I I ; ! r t t. I ; � I { f i 11 iT P8 t t `� I p I L t t i t }_UNIT i 2 :1 JI�IIT F' I.� J-41 , ?I I ! I l ! I I I f I ! f I ! �- - - - - CONDOMINIUM UNIT BOUNDARIES WHERE NO WALL IS IN PLACE; AIRS"ELIMITS 9NLY - • - - • • - • • - ACCESS EASEMENT GARAGE LEVEL PLAN VIEW SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 lu UNIT TIE FOUND #5 REBAR SE PROPERTY CORNER MARK S. BECKLER, P.L.S. #28643 DATED 2013. sb 12178 2013-04-30 1278 CONDO.DWG