HomeMy WebLinkAboutLand Use Case.38996 Hwy 82.A013-014&d\)Nel) rfm�
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 816 111—
(970) 920-5090
City of Aspen
Land Use:
1041 Deposit
1042 Flat Fee
1043 HPC
1046 Zoning and Sign
Referral Fees:
1 163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
1079
Aspen Fire
Other Fees:
1006
Copy
1165
Remp Fee
1302
GIS Maps
1303
GIS Fee
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1 164
School District Land Ded.
TOTAL
NAME:
ADDRESS/PROJECT:•
1314ONE:
CHECK#
CASE/PERMIT#: # OF COPIES:
DATE: I / INITIAL:
•
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A013-01
2735-112-01018
Pomegranate Garages Condominiumization
38996 Hiahwav 82
Nick Lelack/James Lindt
Condominiumization
Pomegranate Home Owners Association C/o Soalding
Joseph Edwards
3/5/02
Plat Recorded
3/5/02
J. Lindt
PARCEL ID: 2735-112-01018 DATE RCVD: 17307# COPIES:r- CASE NO A013-01
CASE NAME: Pomegranate Garages Condominiumization PLNR: Nick Lelack/James Li
PROJ ADDR: 38996 Highway 82 CASE TYP: Condom iniumization STEPSF
OW'N/APP:j Pomegranate Home ADR 600 E. Main St. CIS/Z: Aspen/CO/81611 PHN:
REP: Joseph Edwards ADR: 502 Main St., ste 201 C/S/Z: Carbondale/CO/816 PHN: 963-3900
FEES DUE: 280 FF 180 E FEES RCVD: 460 STAT: r
REFERRALS
REFF BYI DUE:I
MTG DATE REV BODY PH NOTICED
f 1 DATE OF FINAL ACTION: 3/5/02
CITY COUNCIL
REMARKS PZ:
BOA:
CLOSED: 3/5/02 BY: J. Lindt /1
DRAC:fir l rJ
PLAT SUBMITD: ��_ PLAT (BK,PG): (050/4 j !?. ADMIN Plat Recorded
• LAW OFFICES •
HILL, EDWARDS, EDWARDS & KINNEY, L.L.C.
CENTENNIAL PLAZA BUILDING
502 MAIN STREET, SUITE 201
CARBONDALE, COLORADO 81623
THOMAS C. HILL
JOSEPH E. EDWARDS, JR., P.C.
JOSEPH E. EDWARDS, III
TOM KINNEY
February 13, 2002
VIA HAND DELIVERY
James Lindt
Aspen/Pitkin County
Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Pomegranate Condominiums
Dear James:
TELEPHONE
(970) 963-3900
FACSIMILE
(970) 963-3131
Pursuant to our conversation, enclosed is a check in the amount of $20.00 for recording fees and two
original mylars of the Pomegranate Garage Condominium Map. I would appreciate it if you would
have the map executed by the Community Development Director and recorded. There are two copies
of the final and fully -executed Plat enclosed.
With this letter, I am sending a Memorandum dated February 26, 2001 from Richard Goulding,
Project Engineer, to Nick Lelack, Planner, concerning the Pomegranate Condominiums. We
submitted, on behalf of Pomegranate, a request to condominiumize the garage units at the
Pomegranate Condominiums. Nick informed me that as soon as we could satisfy the conditions of
the enclosed Memorandum, the Plat would be signed and recorded.
The issues outlined in the enclosed Memorandum are addressed as follows:
The topographic features have been added to the map, including the topography of all the
berms and along the easement.
2. Snow storage has been identified on the property and, pursuant to the notes, comprises an
area of approximately 25% of the driveway and parking surface areas.
3. An index of the maps has been added in the lower left corner of page 1.
4. The Surveyor's Certificate has been completed.
James Lindt •
February 13, 2002
Page 2
5. The Owners' Certificate has been signed and notarized.
6. The word "Condominiumization" has been added to the title.
7. The alleyway between the garage and the condominiums shall be kept clear at all times and
a note to this effect is in the Legend and Notes to the map.
8. A permanent barrier has been erected in the space where the old emergency access was off
Highway 82. A berm and landscaping has been constructed in this area and the plastic
orange fencing has been removed.
I would appreciate it if you would let me know when the Map is recorded so that I may obtain a fully
signed and recorded copy for our records. Please contact me if you have any questions.
Sincerely,
WARDS, EDWARDS & KINNEY, L.L.C.
Joseph 1). Edwards, III
,rrrrciosures
cc: Michael L. Spalding
G APOMEGRAN! 1 I i ndt.0 1. wpd
MEMORANDUM
To: Nick Lelack, Planner
From: Richard Goulding, Project Engineer
Date: February 26, 2001
Re: Pomegranate Condominiums
1) All topographic features are to be shown. This refers to the burms between the
property and highway 82 and along the easement at the east end of the property
2) Snow storage area's be shown on property
3) An index of maps needs to be printed on the first page if the plat contains more than
one sheet
4) The Surveyor's certificate needs to be completed showing that the survey is
compliant with the Colorado Revised Status 1973 Title 38 Article 51.
Surveyors address, phone no also need to be shown
5) Owners Cert. and the Community Development Director Cert. need to be signed and
completed
6) State the purpose of the plat on the title, the fact that it is a condom iniumization
7) The alleyway between the garages and existing condos is kept clear at all times, so
as to allow access for the fire department. Indicate this on the Plat.
8) The Emergency Access from highway 82 in the center of the parking lot marked L4
on the plat needs to have a permanent barrier in place. The existing plastic orange
fence is not sufficient. A acceptable solution would be the removing of the asphalt
surface and the replacement of it with a burm similar to what is on either side of it
JAN-24-2001 WED 11:09 AM FAX NO. P. 02
0 0
PLANNER:
PROJECT:
REPRESENTATIVE. -
OWNER:
TYPE OF APPLICATION
DESCRIPTION:
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072
Pontogranante Condo Plat
Jodi Edwards
DATE: 1.24.01
Potitogranante HOA
Subdivision exemption for Condominitimization
Condominiumization of existinggarages owned in common to allow individual ownership.
Land Use Code Section(s)
26.480.090 Condominiumization
26.304 Development Review Procedures
Review by: Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
Public Hearing: No.
Referral Agencies: Engineering
Planning Fees: Planning Flat Fee $280
Referral Agency Fees: Engineering $180
Total Deposh: $460
To apply, submit the following information:
1 . 'total deposit for review of the application.
2. Proof of ownership.
3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name,
address and telephone number of the representative. Include street address and legal description of the property.
4. Summary letter explaining the request (existing conditions and proposed uses).
5. An 8 1 /2" by I I" vicinity map locating* the parcel within the City of Aspen.
G. Old (existing) plat if one exists.
7. Proposed plat from a rcgistercd land surveyor. Call City Engineer for plat requirements. 920,5080
8. Copies of'prior approvals (from City Clerk)
9. 2 _Copies of the complete application packet (items 2-8)
Note: Show new access easement from MCC.
Process:
Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 2-3 weeks later planner
will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor
makes those changes and brings in 2 reproducible t:iylar copies to the planner. Planner reviews plat for consistency with
Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency
with the review criteria and technical considerations. flat is then signed by City Engineer. Applicant records the final
plat at the County Clerk. and Recorder. Recording Fee: $1 1 for first page, $10 thereafter.
Msclaimcr:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current 7.oning, which is
subject to ehanhe in the future, and upon factual representations that may or may not be accurate. The stunmary does not create a
legal or vested right.
RECEIVED TIME JAN.24. 10:?�AM
LAW OFFICES
HILL, EDWARDS, EDWARDS & ADKISON, L.L.C.
CENTENNIAL PLAZA BUILDING
502 MAIN STREET, SUITE 201
CARBONDALE, COLORADO 81623
THOMAS C. HILL
JOSEPH E. EDWARDS, JR., P.C.
JOSEPH E. EDWARDS, III
THOMAS L. ADKISON
January 25, 2001
Chris Bendon
Aspen/Pitkin County
Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Condom iniumization of Existing Garages for Pomegranate Condominiums
Dear Chris:
TELEPHONE
(970)963-3900
FACSIMILE
(970)963-3131
Please consider this letter our Application for Subdivision Exemption for Condominiumization of
the existing garages at the Pomegranate Condominiums. Enclosed are a copy of the Pre -Application
Conference Summary and the following information required for the application.
1. A check from our office in the amount of $460.00 as the deposit for review of the
application.
2. Proof of ownership. As an attorney licensed in the State of Colorado, I certify that
the owner of the property on which the garages are located is the Pomegranate Condominium
Association, a Colorado non-profit corporation. For your reference, enclosed is a copy of a Special
Warranty Deed recorded as Reception No. 427519 in the Pitkin County Records.
3. The applicant's name is the Pomegranate Condominium Association, a Colorado
non-profit corporation, whose address is c/o Spalding Properties, 600 E. Main Street, Aspen,
Colorado, 81611. I am an authorized representative of that corporate entity and any correspondence
with regard to this application may be sent to me. The legal description of this property is included
on the Special Warranty Deed which is enclosed. Please note that the portion of the property
"excepted" from the Special Warranty Deed is the portion of the Pomegranate property which is
located in Pitkin County and is owned by the owners of the individual condominium units of the
Pomegranate Condominiums.
4. The existing conditions are that the garages are constructed and in place. The
proposed use is to continue using the garages as garages solely for owners of units of Pomegranate
Condominiums. The purpose of condominiumizing the units is to allow the free transferability of
those units among the unit owners so that one owner may purchase a garage unit from another unit
owner. This would not be feasible if the garages were simply limited common elements associated
Chris Bendon
January 25, 2001
Page 2
with a particular unit as is usually the case. There is already recorded a Declaration of Covenants,
Conditions and Restrictions which prohibits transfer of the garage units to anyone other than an
owner of a condominium unit.
5. There is a vicinity map included on the draft condominium plat. I have enclosed a
photocopy of that vicinity map in an 8'/2 x 11 form.
6. Enclosed is a copy of the existing First Amended Plat of the Pomegranate
Condominiums recorded at Book 48, Page 56, of the Pitkin County Records which shows the
approved garage area.
7. Enclosed are two copies of a proposed Pomegranate Condominiums Garage
Condominium Survey Plat which conforms with the requirements of Sec. 38-33.3-209, Colorado
Revised Statutes.
8. To the best of my knowledge, there are no prior approvals from the City associated
with condominiumization of these garages.
9. Enclosed are two copies of each of the above items.
10. Enclosed is a copy of the Easement Agreement whereby the Maroon Creek Club
granted the twenty -foot emergency access easement which allows fire trucks to
access the drive on the south side of the garages between the garages and the
condominium building.
I would appreciate it if you would let me know if there is any additional information or if any
changes are necessary to the plat so that we may finalize this as soon as possible.
Please contact me if you have any questions.
Sincerely,
HILL, EDWARDS, EDWARDS & ADKISON, L.L.C.
&2 / �
Josep . Edwards, III
c: chael Spalding
Enclosures
pomegranate\ 1 bend.03
• 0
ORDINANCE NO.38
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
PARK -PLANNED UNIT DEVELOPMENT (P-PUD) TO RESIDENTIAL MULTI -FAMILY
(RMF) AND CONCEPTUAL AND FINAL APPROVAL OF A SPECIALLY PLANNED
AREA (SPA) FOR A PARCEL OF LAND AT 39100 HIGHWAY 82, OWNED BY THE
POMEGRANATE CONDOMINIUM HOMEOWNERS ASSOCIATION, CITY OF ASPEN,
COLORADO
WHEREAS, The Pomegranate Condominium Homeowners Association (Applicant)
submitted an application (development proposal) to the Planning Office to rezone from Park -
Planned Unit Development (P-PUD) to Residential Multi -Family (RMF) and to approve a
Conceptual and Final Specially Planned Area (SPA) for a 1.92 tract of land, generally described as
the land between the Pomegranate Condominiums and State Highway 82, located at 39100
Highway 82 and more accurately described in Exhibit A; and,
WHEREAS, the Planning Department reviewed the development proposal in accordance
with all applicable procedures and review criteria set forth in Sections 26.28, 26.52, 26.56, 26.80
and 26.92 of the Municipal Code; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing on October
7, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the development
proposal in accordance with all applicable procedures and recommended to City Council approval
of the Amendment to the Official Zone District Map and Conceptual and Final approval for a
Specially Planned Area (SPA); and,
WHEREAS, the Planning and Zoning Commission Resolution No. 97-26 is attached to
this City Council Ordinance as Exhibit B; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28,
26.52, 26.56, 26.80, and 26.92, of the Municipal Code, considered those recommendations as made
by the Planning Director and the Planning and Zoning Commission, and has taken and considered
public comment at a public hearing on December 8, 1997; and,
Ordinance No.38, Series 1997
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WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council strongly encourages the owners of the Pomegranate
Condominiums to consider annexing into the City of Aspen; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section I
That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as
described in Exhibit A from Park -Planned Unit Development (P-PUD) to Residential Multi -Family
- Specially Planned Area (RMF-SPA).
The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to
reflect the amendment as set forth in Section 1 above.
Section 3•
Pursuant to Sections 26.28, 26.52, 26.80, and 26.92, and subject to those conditions of approval as
specified hereinafter, the City Council hereby grants approval for an amendment to the Official
Zone District Map and Conceptual and Final Specially Planned Area, with the following
conditions:
1. Prior to issuance of a certificate of occupancy for the garages, the applicant shall complete and
record an SPA agreement with the City in accordance with the requirements of the City Attorney
and a final plat that meets the requirements of the City Engineer.
2. The SPA Agreement and the Final Plat shall contain the following language:
Ordinance No. 32, Series 1997
Page 2
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Dimensional Requirements are as Follows:
Minimum Percent open space:
Minimum distance between buildings:
Maximum height:
Minimum front yard:
Minimum rear yard:
Minimum side yards:
Minimum lot width:
Minimum lot area:
Trash access area:
Internal floor area:
Number of off-street parking spaces:
35 percent.
10 feet.
28 feet for residential structure,
10 feet for garage structure.
100 feet, measured from Highway 82
Right-of-way.
10 feet.
10 feet each.
375 feet.
As represented on final plat.
Minimum 10' wide, unobstructed.
Existing.
Minimum 1 per bedroom or 2 per
residential unit.
Uses:
Uses on the portion of the parcel within City jurisdiction shall be limited to those permitted
in the Residential Multi -Family Zone District as specified in the Aspen Municipal Code, as
amended. Uses within the front yard, the area within 100 feet of the Highway 82 right-of-
way, shall be limited to those represented on this final plat. Density on this parcel,
regardless of jurisdiction, shall be 18 residential units unless otherwise approved pursuant to
all applicable Sections of the jurisdiction's Land Use regulations, as amended.
Amendments:
Any amendment of this SPA shall be considered pursuant to all applicable Sections of the
Municipal Code, as amended, including Section 26.80.040, as amended. In addition to the
qualifying requirements for an insubstantial amendment found in Section 26.80.040(E)(1) of
the Aspen Municipal Code, the following shall be considered: An increase by greater than
one (1) percent in the overall coverage of structures on the land shall not be considered an
insubstantial amendment. A reduction by greater than one (1) percent of the approved open
space shall not be considered an insubstantial amendment. An increase by greater than one
(1) percent in the approved residential density of the development shall not be considered an
insubstantial amendment. An increase in residential floor area greater than one (1) percent
shall not be considered an insubstantial amendment. An increase in garage floor area greater
than one (1) percent shall not be considered an insubstantial amendment. Any garage floor
area converted to any other use shall not be considered an insubstantial amendment. Any
structure(s) proposed within one -hundred (100) feet of the Highway 82 right-of-way shall
not be considered an insubstantial amendment.
3. All material representations made by the applicant in the application and during public meetings
shall be adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
Ordinance No. 32, Series 1997
Page 3
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Section 4:
All material representations and commitments made by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by other specific conditions.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6•
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8•
A public hearing on the Ordinance shall be held on the 8th day of December, 1997 at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation within
the City of Aspen.
Ordinance No. 32, Series 1997
Page 4
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 1 Oth day of November, 1997.
Approved as to form: Approved as to content:
b
City Attorney
Kathryn S. koch, City Clerk
l�
John Bennett, Mayor
i5^
FINALLY, adopted, passed and approved this ath day of December, 1997.
Approved as to•form:
City Attorney
�at�r • A
c
Approved tjo content:
Johd Ben Ott, ayor
Kathryn $. ch, City Clerk
0( 0 ft'P
Attachmr,uts: Exhibit A -- Legal description of property
Exhibit B -- Planning and Zoning Resolution No. 97-26
Ordinance No. 32, Series 1997
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SPECIAL WARRANTY DEED DF �G).OD
Maroon Creek Limited Liability Company ("Grantor"), for Ten Dollars and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
bargains, sells and conveys to the Pomegranate Condominium Association, whose address is c/o
Coates Reid & Waldron, 720 East Hyman Avenue, Aspen, CO 81611 the following real property
in Pitkin County Colorado:
A tract of land situated in Lot 4 of Section 11, Township 10 South, Range 85 West
of the 6th Principal Meridian, also being within the Maroon Creek Club
F� Subdivision, Pitkin County, Colorado, being more particularly described as
follows:
U
Z�) Beginning at a point from which the NW corner of said section bears S 29 ° 17' 00"
w
W 9.71 feet and N 64014'44" W 2353.33 feet; thence N 48124' 11 " W 64.96 feet;
2
(ng thence N 11056'54" W 149.77 feet; thence N 30106'33" E 195.92 feet to the
< 0 U& southerly right-of-way line of State Highway 82, also being the boundary of
0 U Maroon Creek Club Subdivision; thence S 60148'00" E 375.70 feet along said
, n. `'� subdivision boundary; thence leaving said right of way S 18009'00" W 176.89 feet
,a W � �'�� along the easterly boundary of Maroon Creek Club Subdivision; thence S
0 ` 18009'00" W 30.96 feet; thence N 89141'21" W 259.10 feet; thence N 48°24'11"
W 30.50 feet to the point of beginning, containing 2.541 acres more or less;
Excepting therefrom the following described land:
A tract of land located in Lot 4 of Section 11, Township 10 South, Range 85 West
of the 6th Principal Meridian, Pitkin County, Colorado, being more particularly
W -2 described as follows:
a g
co
.19
o , Beginning at a point from which the NW corner of said section boars N 64014'44"
4 � I, W 2353.33 feet; thence N 29 17 00 E 86.80 feet; thence N 60 43 00 W 60.57
"''' feet; thence N 29017'00" E 72.28 feet; S 60°43'00" E 311.07 feet; thence S
18009'00" W 19.30 feet; thence N 89035'00" W 290.30 feet to the point of
u_ beginning, containing 0.6192 acres more or less;
together with all its appurtenances and warrants the title against all persons claiming under
Grantor, subject to taxes for 1997 and thereafter, and subject to those items set forth on Exhibit A
attached hereto and incorporated herein by this reference, all of the records of the Pitkin County
Clerk and Recorder's Office.
Dated: September 3 1997 MAROON CREEK LIMITED LIABILITY COMPANY
By:
.Lames T. Pearce,/Ji . , Manager
a"
ccx
CEO
111111111111111111 IN 11111111111111111111111111111111111 IN
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!9
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me September 3, 1997, by James
T. k axe r �, as Manager of Maroon Creek Limited Liability Company.
y hand and official seal.
--iU p00 I
Q-y ssion e;xpires 3 '
Notary Public
pomegran\2swd.03
111111111111111111 IN 111111111111111111111111111111111
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EXHIBIT A
Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted as reserved in United
States Patent recorded August 11, 1980 in Book 55 at Page 173.
2. Ditches and ditch rights, springs, wells and rights to water appurtenant to subject
property, if any, as reserved in Deed recorded November 3, 1969 in Book 244 at Page
307 and in correction Deed recorded March 18, 1970 in Book 247 at Page 417.
3. Terms, conditions and obligations of Covenants and Agreement, as it affects subject
property, as set forth in Deed recorded November 3, 1969 in Book 244 at Page 307 and
the correction Deed recorded March 18, 1970 in Book 247 at Page 417.
4. Perpetual, non-exclusive easement 60 feet in width as reserved in Deed recorded March
18, 1970 in Book .247 at Page 417.
5. Terms, conditions and obligations of Agreement between the City of Aspen and Number
One Main Corporation, recorded in Book 218 at Page 392 and Contract for Water Service
between said parties recorded in Book 218 at Page 531.
6. Terms, obligations, conditions, provisions, restrictions, and reservations of Condominium
Declaration recorded in Book 248 at Page 494 and Articles of Incorporation recorded in
Book 248 at Page 531.
7. Terms, conditions, provisions, obligations, reservations and restrictions as contained in
Resolution No. 79-41, recorded May 10, 1979 in Book 368 at Page 424.
Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the
Board of Adjustment recorded October 25, 1995 in Book 797 at Page 789 as Resolution
No. 95-16A.
9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the
Board of County Commissioners recorded November 9, 1995 in Book 799 at page 160 as
Resolution No. 95-200.
10. Terms, conditions, provisions and obligations as set forth in Master Agreement recorded
September 20, 1996 as Reception No. 397240.
11. All water and water rights, ditch and ditch rights, well and well rights appurtenant to and
historically used on or in connection with or located on or under the Subject Property, all
of which are hereby reserved by Maroon Creek Limited Liability Company.
M:\kferrazo\oksflmazoon\docs\exhibit.a 1111111
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12. Terms, condition:3, provisions, obligations and all matters as set forth in the Declaration
of Covenants recorded r199�, as Reception No. `f z 7 S/ 7
13. All matters of record on the date of recording of this Deed, except monetary
encumbrances.
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4 of 4 R 21.00 D 0.02' N 0.00 PITKINCOUNTYVCO
M:\kferraro\oksf\maroon\docs\exhibit a
EASEMENT AGREEMENT
This EASEMENT AGREEMENT is made this 2-Ftday of DC65mA-& 2000 between
POMEGRANATE CONDOMINIUMASSOCIATION,INC., a Colorado nonprofit corporation (the
"Association"), and the individual members thereof (the "Members"), and MAROON CREEK
LIMITED LIABILITY COMPANY, a Colorado limited liability company ("Owner").
RECITALS
A. Owner is the owner of the property known as the Maroon Creek Club ("MCC"), as
a portion of which is described in that plat recorded as Amended Maroon Creek Club Parcel "B"
record eu I I; riot Bccic T8 t PaRPs 54-55 as Reception No. 427489 of the real estate records of Pitkin
b
County, Colorado ("MCC; Property").
B. The Association is the corporation to which reference is made in the Condominium
Declaration for Pomegranate East Apartments (the "Declaration") recorded in Book 248 at Page 494
of the real estate records of Pitkin County, Colorado. The Association governs the administration
of and the Association and Members collectively own all lands and improvements submitted to the
Declaration as shown on the First Amended Plat of Pomegranate Condominiums recorded in Plat
Book 48 at Page 56 as Reception No. 427490 (the "Association Lands"). Association Lands are
contiguous to the MCC Property.
C. The parties have agreed to an easement for the benefit of the Association and
Members across MCC Property. The limited purpose of this Easement Agreement is to grant the
Association an emergency -only easement for Emergency Vehicles (defined below) for ingress and
egress on and across an existing road on MCC Property that is adjacent Association Lands.
AGREEMENT
For ten dollars and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged and confessed, the parties agree as follows:
l . Grant of Easement. Owner hereby quit claims to the Association a permanent and
nonexclusive easement limited to use only by emergency vehicles over and across the lands
described on Exhibit A attached hereto and made a part hereof (the "Easement Area"). The
Easement Area shall not be used by the Association for any purpose except: (i) to provide ingress
and egress to Association lands for Emergency Vehicles along the existing road from State Highway
82, and (ii) for maintenance and repair of the Easement Area, as described below. The Association
shall be responsible for and shall pay the costs for all maintenance and repair of the Easement Area,
including snow plowing. Owner agrees not to block the Easement Area or otherwise prevent
emergency access along the Easement Area. For purposes of this Easement Agreement, the term
Emergency Vehicles means fire trucks and ambulances that are too large to serve the Pomegranate
Condominiums utilizing the driveway serving and entirely within Association Lands.
111111111111111111111111111111111111111111111111111111
450299 01/05/2001 12:45P EASEMENT DAVIS SILVI
1 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
2. Termination. If the Association or any person authorized by the Association uses the
Easement Area for any purpose not specifically authorized by this Easement Agreement and fails
to cease such use after 10 days' written notice, then, in addition to Owner's other rights and
remedies, Owner shall have the right to terminate the easement herein granted by delivering written
notice of termination to the Association, such termination to be effective immediately.
Notwithstanding the preceding sentence, Owner shall have the right to immediately terminate the
easement herein granted, and the Association shall not be entitled to any cure period, upon the
second occurrence of any use of the Easement Area for any purpose not specifically authorized by
this Easement Agreement. Notice of termination by Owner pursuant to this paragraph shall be
conclusive and final and the Association hereby agrees that it shall not dispute or contest any notice
of termination sent by Owner in good faith.
3. indem,lif catio... The Association agree_, to protect, indemnify and hold harmless
Owner from and against any loss, damage or claims, including reasonable attorneys' fees and costs,
arising out of. (i) the use of the Easement Area by the Association or emergency service providers,
which indemnity shall include, but not be limited to, injury or loss to persons or property; (ii) any
mechanic lien claims for unpaid labor, services or materials affecting any of the Easement Area; and
(iii) breach of this Easement Agreement. The Association shall obtain, at its expense, and keep in
full force and effect, with a reputable insurer, general public liability insurance for the Easement
Area with a limit of not less than $1,000,000.00; and all said policies shall name Owner (or any
subsequent owners of the land burdened hereby) as an additional insured and the Association shall
provide Owner (or any subsequent owners of the land burdened hereby) with proof of such
insurance. Owner shall have the right to request the Association to review and increase the limits
of insurance coverage hereunder based on prevailing limits then carried by like or similar risks.
Such insurance shall provide that it may not be cancelled or modified to Owner's detriment without
Owner's consent.
4. Reservation of Ri hg_ts by Owner. Owner reserves the right to use and enjoy the
Easement Area and the land beneath and the air space above for all purposes which do not
unreasonably interfere with the use thereof by the Association pursuant to this Agreement. The
Association shall have no right to grant any sub -easements or other rights to any other parties for any
purpose whatsoever.
5. Notices. Any notice, demand, or document which either party is required or may
desire to give, deliver or make to the other party shall be in writing and may be personally delivered
or given by facsimile transmission or given by United States certified mail, return receipt requested,
addressed as follows:
To Owner: Maroon Creek Limited Liability Company
c/o Andrew V. Hecht
Garfield & Hecht, P.C.
601 East Hyman Ave.
Aspen, Colorado 81611
111111111111111111111111111111111111111111111111111111111111
450299 01/05/2001 12:45P EASEMENT DAVIS SJLVI
2 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
•
•
To the Association: Pomef
c/o Mi
1039 E
P. O. E
Aspen,
Any notice, demand or document so given, deli
to have been received on the earlier of the date
same is deposited in the United States mail a�
postage prepaid.
6. Miscelianeous.
6.1 Notice of Default Rijzh�
event of any default under the provisions of thi;
the exercise of any right or remedy, give the I
default together with right for a period of ten d
If an alleged default by its nature is not capable
alleged to be in default shall, provided such pa
an additional twenty days to cure said default.
any extension thereof (which right to cure peri,
aggregate thirty days), the non -defaulting party
or remedy allowed by this Agreement or others
6.2 Remedies. Either party s;
name for any legal or equitable relief due to
Agreement. If any court proceedings are institut
remedies provided in this Agreement, the preva.
costs and expenses, including reasonable attorn,
6.3 No Waiver. The failure o
of any provisions of this Agreement or to exercis
notice or to institute any action, shall not be a wa
provision.
6.4 Amendments in Writin .
rights hereunder be waived, except by an instrui
duly recorded in the real estate records of Pitkin
6.5 Colorado Law. The
to this Agreement shall be construed and
Colorado.
late Condominium Association, Inc.
iel L. Spalding
Properties
t Cooper Avenue, #43
.49
)lorado 81612
-red or made by United States mail shall be deemed
tctually received or the third business day after the
certified mail, addressed as above provided, with
to Cure. Except as provided in paragraph 2, in the
Agreement, the non -defaulting party shall, prior to
xty alleged to be in default written notice of such
ys after receipt of such notice to cure said default.
of being cured within the time provided, the party
`y is proceeding with all due diligence, have up to
°a default is not cured within the time provided or
3 shall not under any circumstances exceed in the
hall then and thereafter be free to pursue any right
ise by law.
1 have the right and power to bring suit in its own
ck of compliance with any provisions of this
in connection with the rights of enforcement and
Lg party shall be entitled to reimbursement of its
;' fees, in connection therewith.
either party to insist upon the strict performance
any right or option available to it, or to serve any
ier or a relinquishment for the future of any such
its Agreement may not be amended, nor may any
!nt in writing executed by the parties hereto and
ounty, Colorado.
)n, enforcement or any other matters relative
in accordance with the laws of the State of
11111111111111111 Hill 1111111111111111111111111 H
50299 01/05/2001 12:45P EASEMENT DAVIS SILVI
of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
•
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6.6 Run With the Land.
benefits and burdens created thereby, shall:
11 the provisions of this Agreement, including the
with the land.
6.7 Correction Documents. in the event any clerical or other errors are found in
this Agreement or any legal descriptions or otf. er exhibits hereto, or in the event any exhibit shall
be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the errone us document, description, exhibit or to provide any
missing exhibit.
6.8 Binding Effect. All provisions of this Agreement inure to the benefit of and
are binding upon the parties hereto, their heirs, Isuccessors, assigns and personal representatives.
6.9 No Dedication. 1`dotliii g in this Agreernpnt shall ever constitute or be
construed as a dedication of any interest herein o the public or give any member of the public any
right whatsoever.
IN WITNESS WHEREOF, the parties lave signed this Easement Agreement the day and
year first written above.
MAROOT CREEK LIMITED LIABILITY COMPANY, a
Colorado limited liability comma
POMEG NATE CONDOMINIUMASSOCIATION,INC.,
a Colorado nonprofit corporation, and THE INDIVIDUAL
MEMaERS THEREOF
An P. Hedrich as President of the Pomegranate
'Co dominium Association, Inc., as Owner of
Pomegranate Condominium Units 13 & 15, and as
att ey-in-fact for the owners of Pomegranate
Co dominium Unit Numbers 1, 1 B, 2, 3, 4, 5, 6, 7, 8,
9,1 ,11,12,14,16&17
11111111111111111111111111111111111111111111111111111111
i0299 01/05/2001 12:45P EASEMENT DAVIS SILVI
of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
0
STATE OFF! /� )
ss.
COUNTY OF
The foregoing Easement Agreement w
by Jon P. Hedrich, as President of the Pomegr
Pomegranate Condominium Units 13 & 15, ar
Condominium Unit Numbers 1, 1 B, 2, 3, 4, 5,
Witness my hand and offici
My : omrn ssic.r1 cxp res:
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
acknowledged before me on /0/// , 2000,
late Condominium Association, Inc., as Owner of
as attorney -in -fact for the owners of Pomegranate
7, 8, 9, 10, 11, 12, 14, 16 & 17
ry;QTh,R`+ PUbt: 0 1
ES:92/10/01
my ("C)NI ISSi
Subscribed, sworn to and acknowl
jT . , as Manager of Ma
limited liability company.
Witness my hand. -and official seal.
My commission expires
My Commission Expi..
10/21 /2002
pomegran\2easemen.02
F�
Notary Public
d before me 1�C-PC-' M000, by
Creek Limited Liability Company, a Colorado
Notary Public
11111111111111111111111111111111111111111111111111111111111111
450299 01/05/2001 12:45P EASEMENT DAVIS SILVI
5 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT A
EASEMENT AREA
A 20' access easement lying 10 feet on each side of the following described centerline adjacent to
the Pomegranate Condominiums situated in Section 11, Township 10 South, Range 85 West, of the
61 P.M., County of Pitkin, State of Colorado, said easement being more particularly described as
follows:
Beginning at a point on the easterly line of the Pomegranate Condominiums as shown on the
amended Parcel B of the Maroon Creek Subdivision and PUD recorded at Plat Book 48 at Page 54
from which the Northeast corner of said Pomegranate Condominiums bears N 18°09'00" E a distance
of 128.05 feet and whence the NW corner of Section 11 bears S 68'27'11" E 2613.73 feet with all
bearings being relative to a bearing of N 00°33'02" W between the W 1/4 corner of Section 11 and
the SW 1/4 of said Section 11; thence S 71°51'00" E a distance of 22.15 feet; thence N 22°48'18" E
a distance of 122.19 feet more or less to the Southerly right-of-way of Colorado State Highway No.
82 whence the NE corner of said Pomegranate Condominiums bears N 60°48'00" W a distance of
32.67 feet more or less.
pomegran\21egaleasement.0I
1111111111111111111111111111111111111111111111 fill 450299 01/05/2001 12:45P EASEMENT DAVIS SILVI 6 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO
a
Easement
BK.448 PG.975
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O Set Ma. 5 r•viar and PktedC Cap LS 201J3.
thaws of bsonryr bawd on found monuments as shown.
Eaewrrswos wo buv.rd on the bft PaNcy no. 0,90154 issuwd by
Land 77bb owarcntwr D~ ,lon, lft 1995 of B.•Ln AM..
ZT McaMbd osm-- swat for the ANsrncte Me Path dad
wad' its fik 7JIR of Pq, $44 Swbbn 7, and the nq*AoOrr
af-A (Pi 0") ow Mcw~ n Abt G>" Boom ?, loge
40 am aw not /carted of 1A* Rood;)
Aspwrs COX Engineers Cwrtif1Cot*
Nick Ad►-`r, CRY £ngolOwr for the City of Aspen, Colorvolo. do hereby approve of this Plot to be
in th r of the CAwnt and Recardw of Pitkin County, Colorado_
hick • / £nginewr Late: fit=
Awwv C4 Cowsck7 Apo
of tfle 'Iyr i? Aa� , COAorudo, aloprowd this Plot contanin
Mew" of55�C 9 Silset(s) Ovrirq its
�y Aft
13 Kathryn K,! Aspen 00, Clem
ulohrr 4 "IAa1gr of Aspwn
Corrwr owwk want D wtor'a CarO&Vto
L StanCAP-04
dear C- utaly Dowiloponswnt Direct- for tho Otv of Aspen, Coloro*6 do hwroby
car.,•
Carrrw.er�r Qsrekpvrrerrt D eefor
Sur►vyar's Cwr6)r'CVte
/, SteP&W L EhWX ab hereby cerb)y Mot / am a Pro142* noo Land Surreyar licensed u dun
Me AM of d+e Rote of Cabrvdq t/wt dw Pratt is O truce correct and carnAMote AHENQED PLAT
as krd out A/M04 derieatwd and shows hsreom that such avrtewbd Pot was n1Odr by me
horn an occwvte surrey of sad PrgP&- ' 4f mat and ttndor my ar,per►ision and
stow the ktcoton and deeewnerarre of the boAinday and eoswrw * of said condommmorm as the
wens are staAwd 4v&wt the 41rv+tnd w camptla V Wsth appfw,ob& rVgKdVhW a governing the
subd►islon a✓ knd / furMW COPWy dot Mis pkd satistswe negtw*T wars of Section
38-M-T-204% CAI, wNd OVA SWOM JrV--51-104 CAS, as oma dpA and
717,b -VLW the dwvc **m(s) , I, - r to w6vo /: /QA7ia r id•�
OV VrAC= WAVW 4- / harm are rMW IMwsd and saw o/
v a 1991R n �� , nc"•�r`1l t
SAW*W L:
First
Amended Plat of Po-r.riegranaty0ot
('formerly known as Pomegranate .vast Apartments),
City of Aspen and Pitkin Crun tur Colorado
C 40
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C� j C�416 SW41 211r 259.10'
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Corr trod,`
A 12' cMOr :pr» South of tM approved 9a� `S'd p ZIP.
structurw and to the Abrth of the tarn area shah be OTC ¢
momtained year round for Are ingress & egress. Such �� B .0� I
dear zone shop not be, obstructed rn any ray wefts t? �
Pkr76179S or improveveynts�
Boars Of Ba1MAV -The record bearing bot*~ the vast 114 I g
and the narH/vwt cornsr of SoCtion I r, 10S:. R.63M.. 6th P,AL, ( g
rs M01732'10'W as show on The final Pot o✓ Maroon Creak
Club SubaWiwio & P.V.D. Book JJ Page /0 Pitksiq County, Co.
6bMV of County Commissiansrs /1aP ow
Me PufPawe of this wytyArnarlot ld Plot* to Board a/ Coup ly �nPlyw'M tM "dance,sat Jbrth err PYYkin Count"dance, 771is Plot of P0070pronoto COndorniniuvnx is hereby approved
Nay 95-19 and R0100A M ftb 95-200. this day of _2lL11►&tom I 199d, subject to
tAir tomes and COMWioew of P17kin County &VA"oe No. 95-19,-r
p
The zoning for the part,,, of flies arpV rrthir rise racmrdad rn Boak 90?, of Pogo 494, and R1rwoAfhan No 95-200,r
L is AW SPS4 rscufMwd in Book 7" Of AUVO 160. both as anwia rd by rrwmorandurn
or the � in C� of Air �anC* Na ,V (Sunni of 97) and in db*od Seplember /R 19% nocwrdd as R hart Ma
**Cm* P%xk» Anne A9tmerrwnt for the Pbrneyrgrwte asd °Cep
Asaaabhot Lan* doted Dscwnibar 4 1997 M
POOMPM nsie Cory en*hkaw Asw ciahre rr�+M A me � so,
1
AYy qIo+tiRAuAarrrl4rs! Zdw
oenb Board of Cowrbr Casior�s 3iF
rr►gr doer teat 9 Oty riper h aartirw awy AI
nary-Aaonlforrrniy IameiaMMtw ar 1`Oti/7r a/ %I�YVrwlw/W tear t�arow Ole AAAV q -
ar lhtgow a to-osab uqt
A Var►abor"MWlr tnyr ar No 91 101 a* w psJre A"M No oanMhwal of ter
now go
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and Porking C
City of Aspen
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KnaW ae men by these Presents that the POMOVrpnafe ConoWnn,um Assoc"ofian, /m and ON
un/7 0*"&'% ore try O-OW- of the real PrquMtf, tocoted in A7ki07 County, COAoroob. described
of tattoo,-•
A hart of fond situated in Ca.ernment Lot 4 of Section 11• 7owr shp to South, pvnge 85 West
of the 6th PnY,c pa/ AArndion, Atkin County, Cotoraoio. beirq moor Port,cuiony aescnbea as fonorl
9e9i1nnrg dt a Point from Which the NW com9'
er of said section bears S 11700" W -47r feet
and IV 64.14'44' W 135J-3J feet: thence N 48'?4'11' W 64 96 feet. thence N ' 1'56 54, W
149.77 teeL' thence N-VO6'iJ' £ r95.92 lest to the south" right-of-eoy 1,ne of State
H9nway Q? also b+irq thebovnobry of AAaroon Crest Club Subdivison; thence S 6048QO" E
J7510 toot a" sold subdinbon ooundory, thence leaving .said ngnt-of-eoy S r6'J900, A•
176.89 feet a" the eostery boundary of Maroon Creek Club Subdivision; thence S +6'09 PO" W
JO.96 feet,- thence N 69'4121' W 259.10 lo*t.' thence N 4B•24'1I' W 30.50 feet to the Pant
Of beyinnin9, containing 2.541 acres more or Tess.
Notes:
I. 7his Plot amends CONDOANNIUM "4P OF POMCGRMN7£ £AS7 APAR7NfNrS
BUILDING A recorded in Plat Book 4 at Page 105, PIMA County Records.
?. fie property ,s subject to all restnct ons and con0'tans shown hereon.
J the Property is subject to the Condominium Decloroban for Pamegronote East
Apartments recorded in Boot 246 at Pogo 49 and SuppNmentol Condorn,nium Declaration
of Pomogronote Condomin,u!rs Iorm-erY" known as Pome9MAO& fast Apartments)
recorded as Reception No.
4. fie Portion of thePprop" 'be City
of Aspen and outside o/ the nn mo!ked
bn9.nal Property Line' is subject to rot:'bit C' to Amended and ,9 toted Vaster
Agreement Oecloroton of Covenants recorded as Reception No._�ZS/7_____
Jon P flednch, as Pres,CMt, Pome9ronote Condominium
Association, Inc., as owner of Units 13 and 15, and as
attorney -in -foci /Of the or»ers of record of Units 1,
lB, ?. J. I, 5 6, 7, A A 10. 11, 12,, 14, 16 and /7
Parnegronate G�ondominiums.
Notory Public Certircote
State of Colorado )
County of Pitkin
fie /}yegoing ,nstrLrrM fr t os c_knowfed9ed before
t4-�b—h �y of — -L � , 1"A by Jon P Hednch as owner of Units IJ and 15. as
Ott -MD. -in -tort for the owners of Units 1, 18, ?, J. 4, 5, 6 7, 6, 9, 10. 11. 12 04, 16
L=Pornegranoto Condominiums, and as President of the PooWmnot, Condominium
ion, live.
Witness my hand and ofrcrol soot'
my Commission expire;. -_- `IL�%i • � __
Notary Public
ro the extent the Plot omandt or modifies the Ab( for the
ARafaan CMwt dub P.U,D, mcoruW in Abt Boo. JJ at Rbge A
as a&wf~, this plot ,s appfp.ed
Notary Pubic Certificate: Q
State of cobnxb ) r^Afzfz&-'&K C Y. I-i K6 O u O'F&I ,. +Lj
County of Prtkin sa l,.;t ab"1 lrho to�
i t C ay O t_ t 1�a i I�i. t�
h—�-'- k^oeMrd9ed be/anr ms _ rn,s
L meted day
r / 99Q 0Jansee T, fi�rR Jr., Mtp�r of Maroon Cn►M .
Ciabary Company,
i/rtrNere my Mond one olAcaV sea;
A& corrwrw—i n engabeR ',' SrO 4)Q71 f
�teb4.an
AWwy PLfOfb
for AbCaXSV s y.
ConelMrrrtwry for Aft AV ova Off
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»Wet 010110-�."� - "a "` 2aa Porn erA�na to Corgi d�minl ums Amended Pia t a +�se
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•
SCALE. • I "- 30'
GRAPHIC SCALE
30 0 15 70 00 120
( IN REEF )
I inch = 30 &
VICINITY TY MAP
Not to Scale
Legend and Notes:
•
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City of Aspen ic �S>
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Easement (b
BK. 448 PG.975
A(� s6"�
•
•
\ boo-- Bj)/ .h o \ splialt G• C.�
\ Found 1 rebor &cop
\41
40.49'
4� 0 �ss�� �`6' /
Stapleton Ditch
Z '� 2;r ge Z'nvelop Q Q, r (Pipeline)
(Recorded Plot
Ditch Book 2,
Ss�s{gg\0�' Page 40)
elp Ss ,0 /
EMERGENCY
ACCESS
Ao ��P�� Sz?�R' E �• \ \ h�l / l / EASEMENT PER YEASEMENT
�o9r0� / 3j G�' \ \ // //// AGREEMENT RECORDED AS
>g G' \ �O / /// RECEPTION NO.
/^o
v
v 01�1cy / zo `f p0
o�/�i��J T�oBjr���Fenfo>ho, / I s�rsroo9 �/l
S 3
S 70 S 1 �9 \ ^V I� —te/ BURIED TELEPHONE LINE
���, BURIED G45 LINE
651�.. �Tr �(-3E FENCE LINE
��.,O'J I I ® ROCK WALL
�v I I tv CABLE TELEVISION LINE
O — e — ELECTRICAL LINE
'•J II w WATER LINE
SANITARY SEWER LINE
Point of Beginning I ss I I ohp OVERHEAD U77LITY LINE
I�
I � � EXIST. CULVERTS
Maroon Creek Club Subdivision daP.U.D. S89°41 '21 'E 259.10' i! DECIDUOUS 7RE£
Golf Course Parcel 'Zp „ VVV'� EVERGREEN TREE
QBRUSH LINE
o indicates found monument as described.
O Set No. 5 rebor and plastic cop L.S. 20133.
- Easements are based on the title policy no. 080154 issued by
Land Title Guarantee Dated Jan. 19, 1995 at 8:00 A.M.
(The recorded agreement for the Alternate Bike Path and
Trail in Bk. 736, at Pg. 640, Section 7, and the Stapleton
Ditch (Pipeline) as recorded in Plot Ditch Book 2, Page
40 was also not listed in Title Policy.)
G.C.E. - General Common Element
- Asphalt
- Concrete
LINE TABLE
LINE
BEARING
LENGTH
L1
S27"10'05"W
34.00
L2
S6249 55'E
18.00
L3
S27`10'05"W
16.00
L 4
S62 49 55 E
20.00
L5
S27.10 05"W
16.00
L6
S62 49 55'E
18.00
L 7
S27.10 05 "W
34.00
Notes,.
A 12' clear zone South of the approved garage
structures and to the North of the lawn area shall be
maintained year round for fire ingress & egress. Such
clew% zone shall not be obstructed in any way with
plantings or improvements.
Basis of Bearing - The record bearing between the west 114
and the northwest corner of Section 11 T.IOS., R.85W., 6th P.M.,
is N00'32'10'1N as shown on The Final Plat of Maroon Creek
Club Subdivision & P.U.D. Book 33 Page 10 Pitkin County, Co.
The zoning for the portion of this parcel within the City is RMF-SPA
as described in City of Aspen Ordinance No. 38 (Series of 97) and in
that certain Specially Planned Area Agreement for the Pomegranate and
Associated Lands dated December 8, 1997 between the City of Aspen and
the Pomegranate Condominium Association recorded in the Pitkin County
records as Reception No. 427521.
Aspen City Engineers Certificate
1, Nick Adeh, City Engineer for the City of Aspen, Colorado, do hereby approve of this Plot to be
recorded in the office of the Clerk and Recorder of Pitkin County, Colorado.
--- ----------- ------- Date. -----------------
Nick Adeh, City Engineer
0
0
0
SIGN
GAS VALVE
CURB STOP
POWER POLE
LIGHT POLE
WATER VALVE
nRE HYDRANT
TELEPHONE RISER
CABLE RISER
SEWER MANHOLE
STORM DRAIN INLET
ELEC7RIC TRANSFORMER
ANCHOR BOLT
DRAINAGE MANHOLE
Community Development Directors Certificate
lJ1U14!-4Hne tAJoods Community Developement Director for the City of Aspen, Colorado, do hereby
approve of this Plat.
Community Development Director
Surveyor's Certificate
1, Stephen L. Ehlers, do hereby certify that I am a Professional Land Surveyor licensed under
the law of the State of Colorado, that this plot is a true, correct and complete
POMEGRANATE CONDOMINIUMS GARAGE CONDOMINIUM SURVEY PLAT
as laid out, platted, dedicated and shown hereon, that such amended plat was made by me
from an accurate survey of said property by me, and under my supervision and correctly
shows the location and dimensions of the boundary and easements of said condominiums as the
some are staked upon the ground in compliance with applicable regulations governing the
subdivision of land. I further certify that this plot satisfies requirements of Section
38-33.3-209, C.R.S. and Section 38-51-105, GR.S, as amended, and the description closes
to within 1:10,000. I further certify that this plat substantially depicts the location and the horizontal
vertical measurements of the Garage Units, the parking areas, the paved surfaces and access way,
the Garage Unit designations, the dimensions of the Garage Units and that such Garage and Parking Map
was prepared subsequent to substantial completion of the Garage Units, parking areas and access ways.
IN WITNESS WHEREOF l have set my hand and seal this ------------ day of
----------------• 2001.
.vot:ce: = sIIRY�YORs SCffffb�'.SER CORDON ffZFER INC.
According to Colorado law, you must commence L'NGINL'L'RS'
any legal action based upon any defect in >18 #r 61la Street, Suite 200 pp����yyyy y�y� //�yyy yyy
this survey withrn three years after you Po d l e -r 67 n 67 e C®n /y ®m i � 'y m s
first discover such defect. Jn no event may Glenwood S rZra S, Colorado 8>6O1 C®C/ Q Q (_( u
any legal action based upon any defect in
th2's survey be commenced more than ten years .SCII�II�',S�'R �--- �970J 945->004! �F�tX. j 945-59't8
from the date of the cerh1watian shown _-- Aspen, Colorado (1970j 925-6727
hereon GORI001V 1Ll=R
Stephen L. Ehlers L.S. J20133
•
•
Know all men by these presents that the Pomegranate Condominium Association, Inc. and all
unit owners, ore the owners of the real property located in Pitkin County, Colorado, described
as follows:
A tract of land situated in Government Lot 4 of Section 11, Township 10 South, Range 85 West
of the 6th Principal Meridian, Pitkin County, Colorado, being more particularly described as follows:
Beginning at a point from which the NW corner of said section bears N64.1642" W 2383.27 feet;
thence N 4824'11" W 95.46 feet; thence N 115654" W 149.77 feet; thence
N 30.06 JJ" E 195.92 feet to the southerly right—of—way line of State Highway 82,
also being the boundary of Maroon Creek Club Subdivision; thence S 60.48 00" E
375.70 feet along said subdivision boundary; thence leaving said right—of—way S 18.09 00" W
207.85 feet along the easterly boundary of Maroon Creek Club Subdivision; thence N 8941 21 " W
259.10 feet to the point of beginning, containing 2.541 acres more or less.
Notes:
1. This Plot amends CONDOMINIUM MAP OF POMEGRANATE EAST APARTMENTS
BUILDING A recorded in Plat Book 4 at Page 105 and First Amended Plat of
Pomegranate Condominiums (former/y known as Pomegranate East Apartments)
recorded in Book 48 at Page 56 as Reception No. 427490 in the records of
the Pitkin County Clerk and Recorder.
2. The property is subject to all restrictions and conditions shown hereon.
J. The property is subject to the Condominium/ Declaration for Pomegranate East
Apartments recorded in Book 248 at Page 49 and Supplemental Condominium Dec/oration
of Pomegranate Condominiums (formerly known as Pomegranate East Apartments)
recorded as Reception No. 427520.
4. The portion of the property in the City of Aspen is subject to Exhibit C" to Amended and
Restated Master Agreement Declaration of Covenants recorded as Reception No. 427517.
Sy: ------
Jon P. Hedrich, as President, Pomegranate Condominium Association, Inc., as owner of
Units 13 and 15, and as attorney —In —fact for the owners of record of Units 1, 18, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16 and 17 Pomegranate Condominiums and as
attorney —in —fact for Norwest Mortgage, Inc., for liens against Units 11, 16 and 17, for
Notions Bonk, N.A., for a lien against Unit 9 and for American National Bank and Trust
Company of Chicago for a lien against Unit 12.
State of Colorado )
) SS.
County of Pitkin )
The foregoing instrument was acknowledged before me ---- — ---- this
____ day day of __________, 2001, by don P Hedrich as owner of Units 13 and 15, as
attorney -in -fact for the owners of Units 1, 1B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16,
and 17, Pomegranate Condominiums, as President of the Pomegranate Condominium
Association, Inc., and as attorney -in -fact for Norwest Mortgage, Inc., Nations Bank, N.A. and
American Notional Bank and Trust Company of Chicago.
Witness my hand and official seal,
My commission expires: _____________________________
Notary Public
Acceptance for Recording:
This Pomegranate Condominiums Garage Condominium Plat is accepted
for filing in the office of the Clerk and Recorder of Pitkin
County, Colorado, this _--- day of -------- 2001, in Plat
Book _____— at Page —----- and Reception No. -------
Clerk and Recorder
Job No. 95113A
Ga rag e Drawn by.- fT
Date
6Nov.2000
C07Za0MZnZUM Play Appr. by: SE
File: pom gara OF
F•�
u
0
SCALE: 1 "— 10'
GRAPHIC SCALE
10 0 5 10 20 40
( IN FEET )
1 inch = 10 ft.
Buz ldzrz q See to 0n
Con cre to
G.C.E. — General Common Element
A'°ficB' SCf ff1,T '.SCR CORI OYV ffWrz'R INC.
According to Colorado law, you must commence
any legal action based upon any defect in 118 611i Street .SuZle .ZOO
this survey within three years after you
first dz'scover such defect. /n no event may Glenwood Springs, Colorado 81601
any legal action based upon any defect in
from survey
d to commenced
f the rtdih more than years Srffffu SCR _- (-970J 946--1004( (FAA j 945—<5948
shoum
hereon. CORDON 111-'YzR 4saen, Colorado (-9l'OJ 9Z5-6�2�
\\\ MGV
N.
Pomegranate g
✓ob No. 95113�1
Garage Drawn by: rF
/]� Dote: 6Nov2000
Co rL dom 27L 2 u m 1!'1 ap Appr. by. sz
_ OF