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Home My WebLink Aboutcoa.lu.co.710 E Durant Ave.0083.2016.ASLUL.7J 0083.2016.ASLU 710 E. DURANT CONDOMINIUMIZATION 2737 182 42 079 Al 0 PATH: G/DRIVI' /MASTER FILES/AI)MINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0083.2016.ASLU PARCEL ID NUMBERS 2737 182 92 079 PROJECT ADDRESS 710 E. DURANT PLANNER HILLARY SEMINICK CASE DESCRIPTION CONDOMINIUMIZATION REPRESENTATIVE DAVID MYLER DATE OF FINAL ACTION 02.14.2017 CLOSED BY AVALON GUARINO 02.14.2017 2-737- 162--- YZ--97(� 1* 0063. 001(o_ 13 Permits Eile Edit Record Navigate Form Reports Format Tab Help -A 0 0 0 x z 0 m 0 Main Custom Fields Routing Status Fee Summary Actions Routing History Jump 1 Permit type aslu Aspen Land Use Permit t# 0083.2016.ASLU Address 1710 E DURANT Apt/Suite City JASPEN State CO Zip 81611 Permit Information Master permit Routing queue aslul5 Applied O9101/2016 Project Status pending Approved Description -ONDOMINIUMIZATON APT G & H1 Submitted DAVID MYLER 970.927.0456 Clock Running Days = Submitted via Owner Last name I LEWIS FAMILY TRUST First name JOHN & DEBORAH Phone ( ) • Address Applicant 0 Owner is applicant? Contractor is applicant? Last name LEWIS FAMILY TRUST First name JOHN & DEBORAH Phone ( ) Cust # 30455 Address Email F Lender Last name First name Phone ( ) Address Enter the master permit number Issued Closed/Final Expires 08/27I2017 old5 fserverl karlah � 1 of 1 Atj�j-�-a / CrO&�a5 , J co n.rt c u,MKR6 urt1anw,E..e. am+mwiert[�,nNir[� r mutt NV A.h M.- Nap,,. i t APT G & H, THE DURANT MALL (A CONDOMINIUM) PURPOSE OF THIS MAP IS TO AMEND UNITS G AND HAS SHOWN ON THE CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) RECORDED FEBRUARY 6, 1976 IN PLAT BOOK 4 PAGE 569 AND AS FURTHER DESCRIBED ON THE PLAT AS DURANT MALL WEST BUILDING, SHEET 5 OF 6. N7, y 710 E DURANT AVE RESIDENTIAL UNITS G & H - SHEET 1OF2 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS ----------- --- i l4 � ?-�-- o.�ywp.c�.s.,w..we*q.,m illa.�, v1l �L8, �74L� Ak � 1 r ,..rI,J� C4 4 4-ssjf i COOPER AVE Tif AYi.'F+� r� p BLOCK 106 ALLEY WAY C MA KET Apr tr� g8g�y a` D RANT MALL CQN R181398 SUBJECT PROP DOSJ°^mom ar RTY ^� a ------ ___--- -- o.w.n_- DURANT AVE CONTROL MAP SOPRIS ENGINEERING - LLC DIAL CONSULTANTS W2 AWN STREET, SURE A3 CARBONDALE. COLORADO 81623 (970) 7D1-0311 » sAAnxKSTA1t g Z 0 A VIC. INmMAP p r1r.dAncorvfw AMENDED CONDOMINIUM MAP OF APT G & H, THE DURANT MALL (A CONDOMINIUM) 710 E DURANT AVE RESIDENTIAL UNITS G & H, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET OF THIRD LEVEL DETAIL " meci+ o-cr-r .f " mr�w+ na�o+� LEGEND hi l3 Elroam e Kvwcnec -'I Y K•v. I rvK lex+rr•nTa I 1 I I tmw_ MJTi o-u1 � O]� xa uur N I y ak-oo i sx a •.� TT ^ DURANT MALL WEST BUILDING THIRD LEVEL ron,era.. ecao u R / — v - n a LEGEND <acc) V t J rtrtr K•�.s LR KFHf-117e I sin � 9 xv I DURANT MALL WEST BUILDING THLRD LEVEL ron,em. r>orcv. M z / w I• - 0 APT G & H COMBINED INTO APT G ro �M.n ��Ia,..awK tea, um orr xnr r.mm. nccamEo rw+[ ""'� ;Yx[c�mnx.n. �.Sypa? ui¢c�an SOPRIS ENGINEERING - LLC 5 CIVR CONSULTANTS SR MAIN STREET. SUITE A3 CARBONDALE. COLORADO 81823 (970) 704-0311 a Timm mwrf n u�irxe an�r�rw�i,re <wm .�a�gnwcey RECEPTION#: 634027, 111211201&t 01:16:01 PM, 1 OF 2. R $16.00 Doc Code MEMO Janice K. Vos Caudill. Pitkin County. CO 16042003 MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner -YL- RE: 710 E. Durant, Units G and H Exemption from Resident Multi -Family Replacement Program DATE: June 26, 2003 IiYYLI LA1NT: William Pizzuti LOCATION: 710 E. Durant Avenue (Units G and H of the Durant Mall Condominiums ZONING: Neighborhood Commercial REVIEW PROCEDURE: On behalf of the City's housing designee, the Community Development Director may issue a certificate of exemption from the Resident Multi -family Replacement Program pursuant to Land Use Code Section 26.530.040(B), Certificate of Exemption. BACKGROUND: William Pizzuti ("Applicant"), is requesting a certificate of exemption from the Resident Multi -family Replacement Program for Units G and H, of the Durant Mall Condominiums, The Applicant is requesting the proposed certificate of exemption for the two (2) units with the intention of combining the two (2) units into one unit. Therefore, the Applicant has provided a chain of title that is comprised of all of the property deeds from the two (2) units since their construction in 1976-77 (attached as Exhibit "A"). Additionally, the Applicant has provided signed affidavits (attached as Exhibit "B") from the current and previous owners of the two (2) units that state that they have never rented the units to a full-time, year-round employee within Pitkin County as is defined by the Aspen/Pitkin County Affordable Housing Guidelines. Thus, the Applicant believes that the units should be exempt from the Resident Multi -family Replacement Program pursuant to Land Use Code Section 26.530. STAFF COMMENTS: In'reviewing the proposed request, staff believes that the Applicant has provided sufficient evidence to allow for an exemption from the Resident Multi -family Replacement Program in that the Applicant has provided written, notarized testaments from all of the previous owners in the two (2) units stating that they have not rented to anyone that meets the Aspen/Piticin County Housing Guideline's definition of a full-time employee. Addition Q6 / Aspen/Pitkin County Housing Authority has reviewed the request and concurs that ,R r9 D AUG 1 5 2003 ASPEN BUILDING DEPARTMENT 16042003 are exempt from providing replacement housing. Therefore, staff believes that the Applicant is exempt from the Resident Multi -family Replacement Program pursuant to Land Use Code Section 26.530 and should not be required to provide replacement housing for combining Units G and H, of the Durant Mall Condominiums. RECOMMENDATION: Staff believes that Units G and H, of the Durant Mall Condominiums are exempt from the Resident Multi -family Replacement Program and recommends that the Community Development Director approve the exemption request. APPROVAL: I hereby approve this certificate of exemption from the Resident Multi -family Replacement Program for Units G and H, of the Durant Mall Condominiums pursuant to Land Use Code Section 26.530, with the following conditions: 1. The Applicant shall apply for and obtain a building permit prior to combining the two (2) units into one unit. APPROVED 2. The Applicant shall obtain approval from the Condominium Association prior to applying for a building permit to combine the units. JUL 2 2003 COMMUNITY DEVELJHMBT DIREC1lM CITY OF ASPEN 9-16J date. 7/1/1 J e Ann Woods, Community Development Director ACCEPTANCE: I, as a person being or representing the Applicant, do hereby agree to the conditions of this approval and certify the informati providedapplication is correct to the best of my knowledge. ` (,� date ? 7 c2V03 Owner or thou d Representative ATTACHMENTS: Exhibit A -- Chain of Title Deeds Exhibit B -- Owner Affidavits Exhibit C -- Referral Comments AUG 15 2003 2 ASPEN BUILDING DEPARTMENT A . Ca4--i ti: 534-1 TO: lame,; I FROM; Cindy DATE: July'., JSPEN i-fOUJSLJG OFC MEMORANDUM Con nt=ry Development Dcpartment Housing Office 11+0.151 P.1 16042 003 RE: 710 E. Drat Units G & H, Rcgtr:.st far Exemption froze: Mwti-Fanrily Rcplaccmrnt m i Progra ISS The appticis proposing to combine two unity located within the Durant Mall Condominiums and is r acting en exemption --otn the Mind Far1ilyReplaeeutew Prom. Back-LTq nd: Chapter 26.530, Rcsid : Multi -Family Replacement Program, deals with any dcmoliion of any resident mals-fam:ly ho ing when two or more o Nmerships of land, each of which contains one or more detached residenti or duplex units, is merged or othcrwiae combined into a project for the pt:rpo-scs of detnolitiotz roeonstruction of the grits. The owner must fist obtain a ccrti.ficate of compliance or excnipti a prior to being issued a permit from the Community Development Department. According to Section 26 30.040 of the City of Aspen Land Usc Code, "Any owner, as a condition of receiving a permit from the Community Devulam-rent Department for the pttrpoae of dcmo;ishing or enlar ' ;my multi -family dwelling unit, must first obtain a cettidcate of compliance or a cc-tifitc of exemption from the requiremonts of this Title." The applicant is .equestiug a certificate o exemption. In order to obtain a certificate of exemption, the owner must submit » sWement ccrtif ring that the dwelling unit is excmpt $om the provisions of this Title, the basia upon which ex� to;mid_ and such additional documentation as tray be required by the houxing designed in 1 irder to e6tabt?sh the exemption. If the bousirug designee is satisfied that the dwelling unit is ex pt from the provisions of this Title, a certificate of exemption shall be issued. T nc applicant has pro-vid4d notarized afiidaNitz front previous wid current ow:im as to the status of the two units in qulestio The paperwork shows that the =tits have not been tented to a quamcd c.-nploys e/resident of Pi* County, themfore, an exemption is :n order. C bLI.ND O According to Section 26.530.040(13), the applicant has provided documentation that is sa sfactory to the Housing Office to approve a certificate of exemption to mcr,Pc Units G and H of 4c Durant ? tall Condominiums. �.4 IAi_IG l 5 2003 HSr't:ft �lill 0i,NC,' DEPARTMENT r1 U • MEMORANDITINJ TO: Julie Ann Woods, Community Development Director FROM: Jarnes Lindt, Planner ---fL" 16042003 RE: 710 E. Durant, Units G and H Exemption from Resideni tilulti-Family' Replacement Program DATE: Junc 26, 2003 APPLICAjvr: William Pizzuti LOCATION: 710 E. Durant Avenue (Units Cr and H of Ar Durant PA11 Condorninjums ZONING: Neighborhood Commercial REVIEW PROCEDURE: On behalf of the City's housing designee, the Community Development Director may issue a certificate of exemption from the Resident Multi -family Replacement Program pursuant to Land Use Code Section 26.530.040(B), Certificate of Exemption. BACKGROUND: William Piz zuti ("Applicant"), is requesting a certificate of exemption brom the Resident Multi -family Replacement Program for Units G and H, of the Durant Mali Condominiums. The Applicant is requesting the proposed certificate of exemption for the two (2) units with the intention of combining the two (2) units into one unit. Therefore, the Applicant has provided a chain of title that is comprised of all of the property deeds from the two (2) units since their construction in 1976-77 (attached as Exhibit "A"). Additionally, the Applicant has provided signed affidavits (attached as Exhibit "B") from the current and previous owners of the two (2) units that state that they have never rented the units to a full-time, year-round employee within Pitkin County as is defined by the Aspen/Pitkin County Affordable Housing Guidelines. Thus, the Applicant believes that the units should be exempt from the Resident Multi -family Replacement Program pursuant to Land Use Code Section 26.530, STAFF COMMENTS: Jn -reviewing the proposed request, staff believes that the Applicant has provided suffli ient evidence to allow for an exemption from the Resident Multi -family Replacement Program in that the Applicant has provided written, notarized testaments from all of the previous owners in the two (2) units stating that they have not rented to anyone that meets the AspenlPitkin County Housing Guideline's definition of a full-time employee. Addition Vj�'� rt g% AspenlPitkin County Housing Authority has reviewed the request and concurs that 1ii � u AUG 1 5 2002 ASHU4 BU11 OING DEPAPTI ENT 9 0 16042003 are exempt from providing replacement housing. Therefore, staff bclicves that. the Applicant is exempt from the Resident Multi -family Replacement Program pursuant to Land Use Code Section 26.531) and shniAd not re required to provide replacement housing for combining Units G and H, of the Durant Mall Condominiums. RECOMMENDATION: Staff believes that Units G and H, of the Durant Mall Condominiums are exempt from the Resident Multi -family Rsplaceraent Program and recommends that the Community Development Director approve the exemption request. APPikov AL: I hereby approve this certificate of exemption from the Resident Multi -family Replacement Program for Units G and H, of the Durant Mall Condominiums pursuant to band Use Code Section 26.530, with the following conditions: 1. The Applicant shall apply for and obtain a building permit prior to combining the two (2) units into one unit. APPROVED 2. The Applicant shall obtain approval from the Condominium Association prior to applying for a building permit to combine the units. JUL 2 2003 GOMMUNP DEVEL-Y►RENT D RECI Uh C M OF ASPEN Q-% _ date_ /o3 ] e Arrn Woods, Community Development Director ACCV TANCE: I, as a person being or representing the Applicant, do hereby agree to the conditions of this approval and certify the informati�( provided i is application is correct to the best of my knowledge. f date?/dao3 Owne4onr d Representative 7 ATTACHi1mNTs: Exhibit A -- Chain of Title Deeds Exhibit B — Owner Affidavits Exhibit C — Referral Comments RECENE® AUG 1 5 2003 2 ASNEN BUILDING DEPARTMENT • • 16042003 DURANT MALL CONDOMINIUM ASSOCIA TION 710 E Duraat, ,urea, Colorado 81611 September 10, 2003 Mr. William Piiutri ?10 E. Durant Aspen, Colorado 81611 Dear Bill. The Board ofDirecrors received your preliminary request fur plans to merge units G & Kin the Durant Afall By this letter rite Board would like to enumerate the points (Y' our mutual agreement regarding the construction. 1. There will be no penetration of the roof or sub structure of the flat portion of the nest building of The Durant .1dall roof The sky light planned far the .south side of the pitched roof over existing apartment G must he constricted as proposed by a letter front Marc Cald*ell ofJR Roofing of.Boulder CO. A letter of indemnification from you to the Durant Mall Condominium: Association for aM, costs incurred by the Association for repairs or replaerweni . whether by ne gAgence. or otherwise; must he signed before cmy work is to commence on the roof any where on the west building. You agree to put new appropriate roofing material to protect the space below when you remodel the decks for G & 11 3. Ae board will need to approve in writing the time and place of any ~pork done on the plumbin,; electrical and heating. 4. The board requests that tiny work to be done will not cause disturbance of neighboring ogres or apartments. 11 has been the practice for all work to be complete by 6: 00 pm, mid no! begin before 07.30 am. We feel con_fidera that you understand the necessity far these requirements, hYnal4; we xvll require all contractors, sub -contractors, and ti orknten to provide the appropriate insurance, ulonjg with all linsurance certificates, before the work begins. We know you will do a beaus f d job combining the twb units. Upon signing gfthis letter the board grants preliminary approval before construction beg'i m3 ahn C. CiinrR President, DMCA Date Willi Pi� Date // ��E�,VE0 5EF' l `? 7603 AbPEN BUILDING DFPARTMr,-NT • • Facsimile Transmittal Interwest Realty, Inc. 710 E. Durant Ave. Aspen, CO 81611 970-925-2772 Phone, 970-925-2778 Fax To: Tom Iacono From: Danny Becker Re: Combining of uoits'(.r 8. H CC: Tom, Fax: 520-577-7336 Date: August 19, 2003 .Pages: 2 1 604.200 Bill needs your signature on this before he is able to move forward with combining his units. Please sign and fax back as soon as possible as he is trying to get started in the next couple of days. Thank you, for you immediate response, Danny AUG 9. 1 Z003 HJNtN eUli.[}1!V OEPA17MENT • =-- (s 1 NTERWEST REAM IN 4J 710 East Durant - .Aspen, COS] 611 USA Voice: (970) 925-2772 Ear: 925-2778 August 18, 2003 Re: Combining of units G & H Durant Mall Condominium Homeowners, 16042003 Bill Pizauti owner of units G & H is intending to combine the two units. Please let us know if you have any questions. If you approve please sign below and fax back to 970-925-2778. Thank you. ohn Ginn 0� Date Tom Iacono Date Signature Date Print Name wA.%,w intPrwrstrPaltvrnm RECEIVED AUG 2 1 2003 AVEN BUILDING DEPARTMENT • • ,__� - i -� T�•rD.�F-9ii•.=a 9" Si5 a"+h r J1lL1�til%l KLAL:1 - 1. w 9A !► • r t!�' �. w, •tic: r 1-. -a• .err . r%l It Sir At- Y,:4.c.c.u, :�M .•;:ti'rzs-, _�s:•ni J�;: �.:sYc; ta�uQ 16042003 AUG 2 1 2003 Abftly BUILDING DEp4`•: MENT MI Certificate of Occupancy Aspon/Pitkin Community Development Department This certificate issued pursuant to the requirements of the 1997 edition of 109 section of the Uniform Building Code It certifies that at the date of issuance, the structure as described be:lry was In compliance with the various resolutions and ordinances regulating building construction and use in this jurisdiction. Use Classification: SFR Building Permit: 1604,2003.asrb Legal Description: CONDO: DURANT MALL - AMENDI:O UNIT:G BK:3685 PG;0621 BK.0738 PG:0048 Building Address: 710 E DURANT AVE H ASPEN CO 81611 Owner of Building: WILLIAM .J PIZZUTI Owner Address; 750 HANNA XX BIRMINGHAM MI48009 Group: R-1 Type of Construction: Use Zone: NC PUC Description: , 1,571 SQUARE FEET INCLUDES, THREE LOFTS, ONE FULL BATH, ONE 3/4 BATH, ONE 1i2 BATH AND ONE KITCHEN. , Comments & Restrictions: a� a ,ht(?t Bu?ding fric;�I Date Nose In Oil occupancies, except R, this certificate musl ba posted Ina conspicuous place naar the main etlt on f d f dhn the prem4as for which It la Issued. Any afterabon or u3c O thase de;cr..s prerrimM or Wo 1,on I—= w ut Inc wrprn appnpvA of the Building OMcW &,tall no,;Wc this C.0. And subject I to levocaton- 9 0 THE MYLER LAW FIRM, P.C. DAVID J. MYLER a division of BALCOMB & GREEN, P.C. CHER VINCENT, Paralegal 211 MIDLAND AVENUE SUITE 201 BASALT. COLORADO 81621 December 5, 2016 Hillary Seminick Community Development Department 130 S. Galena Aspen, CO 81611 Re: Durant Mall — Lewis — Units G & H Dear Hillary: TELEPHONE (970)927-0456 FACSIMILE (970)927-0374 EMAILS dmyler@mylerlawpc.com cvincent@mylerlawpc.com r, O < 8 ?Q�6 Enclosed please find a check in the amount of $21.00 for the recording of the above - referenced maps. Thank you in advance for your assistance. Very truly yours, THE MYL LAW FIRM, P.C. By: er ince , Paralegal /cv Enclosure 0 THE MYLER LAW FIRM, P.C. DAVID J. MYLER a division of TELEPHONE (970)927-0456 BALCOMB & GREEN, P.C. FACSIMILE (970)927-0374 CHER VINCENT, Paralegal 211 MIDLAND AVENUE SUITE 201 EMA[Ls dmyler@mylerlawpc.com BASALT, COLORAm 81621 cvincent@mylerlawpc.com RFT, I NNA AUG 192016 August 17, 2016 Jim Pomeroy Via Hand Delivery and Email City of Aspen — Community Development Department 130 S. Galena St. Aspen, CO 81611 Re: Application for Approval of an Amendment to the Condominium Plat for the Durant Mall Condominiums Dear Jim: This letter is intended to serve as an Application for Amendment of the Condominium Plat for Durant Mall Condominiums located in Aspen, Colorado. The purpose of the Amendment is to combine Units G and H, as it is currently configured. In support of this Application, I have attached the following: 1. Pre -Application Conference Summary; 2. Deposit Check in the Amount of $925.00; 3. Current Title Insurance Policy disclosing ownership and other title matters relating to Units G and H; 4. Authorization Letter from the owners of Units G and H; 5. HOA Compliance Letter; 6. Fee Agreement; and 7. Draft Amendment to Condo Map (electronic and paper) If you have any questions, or need any additional information, please do not hesitate to contact me. Otherwise, please notify me when this Application is deemed complete in order that we can establish a time frame for review and approval. 0 41 THE MYLER LAW FIRM, P.C. Durant Mall Condominiums Units G & H August 17, 2016 Page 2 DJM/cv cc: John and Deborah Lewis (via email) Enclosures Very truly yours, THE MYLER FIRM, P By. � David J. Myler 0 • JOHN R LEWIS AND DEBORAH M LEWIS FAMILY TRUST May 19, 2016 City of Aspen Community Development Department Attn: Jim Pomeroy 130 S. Galena Street Aspen, CO 81611 Dear Jim: As the Owner of Units G and H of the Durant Mall Condominiums, I hereby authorize The Myler Law Firm, P.C. to submit and process on our behalf an Application for Amended Condominium Plat affecting Units G and H. The name and relevant contact is as follows: The Myler Law Firm, PC David J. Myler 211 Midland Avenue, Ste 201 Basalt, CO 81621 (970) 927-0456 Thank you for your consideration in this Application. If you have any questions or require any additional information, please do not hesitate to contact me. John R ew and Deborah M Lewis Family Trust, n �� John R. Lewis, Trustee JRL/ cv Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attomey representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Units G & H, Durant Mall Condominiums I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. x❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. „ Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: Jo Lwi,;a d Deborah M. Lewis F ' y date: S O 10h'n'R. Lewis, Trustee date: November, 2014 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 MAY. 23. 2016 4:50PM LEWIS CELLARS N0. 169 P. 1 Agreement to Pay Application Fees An agreement between the city of Aspen ("orty") and 0� ` �" t Property John R and Deborah M Lewis Phone No.: 970_927_0456 owner ("I"): Email: Family Trust Address of Billing c/o The Myler Law Firm, P.C. Property: Address: (Subject of Units G ar H, Durant Mal Address. bills here) 211 Midland Avenue, Ste 201 Basalt, CO 81621 I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and 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 S. flat fee for S. flat fee for S. 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 no -payment. I agree to pay the fallowing initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and 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. $ $ 65 0 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. S $ 2 7 5 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour, John R Lewis and Deborah M Lewis City of Aspen: Property Owner: Family Trust c Jessica Garrow, AICP7 Community Development Director Name: John R. Lewis / City Use: Title: Trustee Fees Due: $_Received $ M M a Z T1 O ri Owner's Policyof Title Insurance — Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200, Winter Park, Florida, 32789 State: CO County: PITKIN Address Reference: 710 E. DURANT, ASPEN, CO 81611 File No.: PCT24723W4 Policy No.: OP-6-CO1045-4968286 Amount of Insurance: $4,100,000.00 Premium: $ 7,115.00 Date of Policy: May 26, 2016 @ 1:06 PM Simultaneous #: Reinsurance #: 1. Name of Insured: JOHN RANSOM LEWIS III AND DEBORAH M. LEWIS, TRUSTEES OF THE LEWIS FAMILY TRUST 2002 DATED JUNE 20, 2002, AND ANY AMENDMENTS THERETO 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: JOHN RANSOM LEWIS III AND DEBORAH M. LEWIS, TRUSTEES OF THE LEWIS FAMILY TRUST 2002 DATED JUNE 20, 2002, AND ANY AMENDMENTS THERETO 4. The Land referred to in this policy is described as follows: See Attached Exhibit "A" Issued By Authorized Signatory t� • EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 RESIDENTIAL CONDOMINIUM UNITS G and H, THE DURANT MALL (A CONDOMINIUM), according to the Condominium Map thereof recorded February 6, 1976 in Plat Book 4 at Page 565 as Reception No. 181398, and as further defined and described in the Condominium Declaration for The Durant Mall (a Condominium) recorded February 6, 1976 in Book 308 at Page 518 as Reception No.181397, Second Amendment thereto recorded June 14, 1984 in Book 467 at Page 876 as Reception No.260236 and Third Amendment thereto recorded December 12, 1995 in Book 803 at Page 52 as Reception No.388538 PARCEL II Parking Level Commercial Unit P-10, THE DURANT MALL (a Condominium) according to the Condominium Map thereof recorded February 6, 1976 in Plat Book 4 at Page 565, as Reception No.181398, and as further defined and described in the Condominium Declaration recorded February 6, 1976 in Book 308 at Page 518 as Reception No.181397, and First Amendment thereto recorded October 21, 1983 in Book 453 at Page 848 as Reception No.260236 and Third Amendment thereto recorded December 26, 1995 in Book 803 at Page 52. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT24723W4 May 26, 2016 @ 1:06 PM OP-6-CO1045-4968286 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records. 6. Taxes or assessments which are not now payable or 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; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2016 and subsequent years only, a lien not yet due and payable. 9. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 569 and in Book 59 at Page 220 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 10. Any sub -surface rights or minerals as set forth in Deeds recorded in Book 98 at Page 490, Book 105 at page 70 Book 105 at Page 129 and Book 106 at Page 482 11. Terms, conditions and provisions as set forth in Resolution No. 4 (Series of 1975), Exemption from the Definition of Subdivision, recorded April 9, 1975 in Book 297 at Page 764 and in Statement of Exemption From The Full Subdivision Process recorded June 14, 1984 in Book 467 at Page 874. 12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded in Plat Book 4 at Page 565, Plat Book 15 at Page 48 , Plat Book 16 at Page 10 and March 20, 1990 in Plat Book 24 at Page 6 and Fourth Supplemental Condominium Map of The Durant Mall recorded October 17, 2013 in Plat Book 104 at Page 77 and Amendment thereto recorded July 29, 2015 in Plat Book 112 at Page 9. 13. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Durant Mall recorded February 6, 1976 in Book 308 at Page 518, First Amendment thereto recorded October 21, 1983 in Book 453 at Page 848, Second Amendment thereto recorded June 14, 1984 in Book 467 at Page 876 and Third Amendment thereto recorded December 26, 1995 in Book 803 at Page 52 and Fourth Amendment thereto recorded October 17, 2013 as Reception No. 604797, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 14. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of Durant Mall recorded February 23, 1976 in Book 309 at Page 15 • 0 15. Terms, conditions, provisions and obligations of Agreement between Bayard Y. Hovdesven, Guy F. Grover and The Durant Mall Condominium Association recorded March 10, 1978 in Book 344 at Page 598. (Continued) • 0 POLICY NO. OP-6-CO1045-4968286 CASE NO. PCT24723W4 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 16. Terms, conditions, provisions and obligations as set forth in Declaration of Covenants, Restrictions and Conditions for Unit R, also known as Apartments A-H, Inclusive of The Durant Mall recorded June 14, 1984 in Book 467 at Page 871. 17. Terms, conditions, provisions, obligations and all matters as set forth in the By -Laws of Durant Mall Condominium Association recorded April 27, 1987 in Book 534 at Page 592 and First Amendment thereto recorded May 16, 2007 as Reception No. 537894. 18. Terms, conditions, provisions and obligations as set forth in Assignment of Declarant Rights recorded November 21, 2013 as Reception No. 605714 19. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen Planning and Zoning Commission recorded July 29, 2015 as Reception No. 621944 as Resolution No. 14-2015. 20. Terms, conditions, provisions and obligations as set forth in Maintenance Covenant recorded November 2, 2015 as Reception No. 624546 21. Easements, rights of way and all matters as disclosed on Improvement & Topographic Survey Plat of subject property recorded December 12, 2013 in Plat Book 105 at Page 35. 22. INTENTIONALLY DELETED. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). • 11 Obligatory Insurance Fraud Statement: We are obligated by Colorado Law (CRS 10-1-128) to provide the following statement: 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 or 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 policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder 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. • • Jennifer Phelan From: Jennifer Phelan Sent: Wednesday, August 24, 2016 9:14 AM To: 'David Myler' Subject: Durant Mall Condos - G&H Hi David: I hope all is well with you. We received your application to amend the condominium plat to show two units as one, combined unit. The pre-app. that was written noted that proof that the condo units were combined legally needed to be provided but I did not see any documentation to that effect with the application. We will need that information. Secondly, I wanted to follow —up on the South Point condo application. Sara Nadolny is out on maternity leave and it looks like she sent you a round of comments. Just want to make sure that the plat is currently in your hands ... as far as edits. Let me know if we need to chat. Best regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 7 www.aspencommunityvoice.com The (:its of, kspe i ,%ant% oul. Eiyedbac k! We are amending the Land Use Code to further incorporate the Aspen Area. Community Plan (AACP). To do this. we need your feedback on what you think these revisions might mean for the future. It's your Aspen, have your say'. 1 • 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jim Pomeroy 970-429-2745 DATE: May 6, 2016 PROJECT: Durant Mall, Amended Condo Plat AUG 19 2016 REPRESENTATIVE: David Mylar, Attorney REQUEST: Condom iniumization 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 and subsequent amendments have occurred. Two units that were originally platted individually have been legally combined according to the applicant's representative. The purpose of the plat is to memorialize this combining. Proof of the legality of this combining will be required with the application. The applicant will need to meet all of the requirements of Section 26.480.050 (A), Condom iniumization, to complete the project. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a pp%20form.pdf Land Use Code: http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050 (A) Condominium ization 26.575.020 Calculations and Measurements Review by: Staff for complete application and approval Referral Agencies Public Hearing: No Planning Fees: Planning Deposit —Condominium plats ($650.00 for 2 hours) Referral Fees: Engineering (per hour) - $275.00 Total Deposit: $925.00(additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ASLU Condominiumization 710 E. Durant ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property (Draft Plat). ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. 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. 2 • • 0 0 0 0 1* AMENDED CONDOMINIUM MAP OF: APT G & H, THE DURANT MALL (A CONDOMINIUM) 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 IN PLAT BOOK 4 AT PAGE 565 AS RECEPTION NO. 181398 710 E DURANT AVE RESIDENTIAL UNITS G & H SHEET 1 OF 2 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS CERTIFICATE OF DEDICATION AND OWNERSHIP: KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, JOHN RANSOM LEWIS III AND DEBORAH M. LEWIS AS TRUSTEES OF THE LEWIS FAMILY TRUST DATED JUNE 20, 2002 AS TO UNITS G AND H, THE DURANT MALL (A CONDOMINIUM), BEING THE OWNER OF THAT REAL PROPERTY DESCRIBED AS FOLLOWS: PARCEL 1 RESIDENTIAL CONDOMINIUM UNITS G and H, THE DURANT MALL (A CONDOMINIUM), according to the Condominium Map thereof recorded February 6, 1976 in Plat Book 4 at Page 565 as Reception No. 181398, and as further defined and described in the Condominium Declaration for The Durant Mall (a Condominium) recorded February 6, 1976 in Book 308 at Page 518 as Reception No.181397, Second Amendment thereto recorded June 14, 1984 in Book 467 at Page 876 as Reception No.260236 and Third Amendment thereto recorded December 12, 1995 in Book 803 at Page 52 as Reception No.388538. COUNTY OF PITKIN, STATE OF COLORADO HAS BY THESE PRESENTS JOINED CONDOMINIUM UNITS G AND H, ALL AS SHOWN AND NOTED ON THIS AMENDED CONDOMINIUM MAP OF APT G AND H, THE DURANT MALL (A CONDOMINIUM) AND MADE PURSUANT TO AND FOR THE PURPOSES STATED IN THE DECLARATION. EXECUTED THIS DAY OF 2016. RESIDENTIAL CONDOMINIUM UNITS G AND H, THE DURANT MALL, (A RESIDENTIAL CONDOMINIUM UNITS G AND H, THE DURANT MALL, (A CONDOMINIUM) CONDOMINIUM) OWNER: THE LEWIS FAMILY TRUST DATED JUNE 20, 2002 OWNER: THE LEWIS FAMILY TRUST DATED JUNE 20, 2002 BY: BY: JOHN RANSOM LEWIS III AS TRUSTEE DEBORAH M. LEWIS AS TRUSTEE STATE OF COLORADO) STATE OF COLORADO) ) SS ) SS COUNTY OF PITKIN ) COUNTY OF PITKIN ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2016, BY BEFORE ME THIS DAY OF 2016, BY JOHN RANSOM LEWIS III AS TRUSTEE OF THE LEWIS FAMILY TRUST DEBORAH M. LEWIS AS TRUSTEE OF THE LEWIS FAMILY TRUST DATED JUNE 20, 2002. DATED JUNE 20, 2002. WITNESS MY HAND AND OFFICIAL SEAL WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: -- - S 7 'PER-REC #1 __J 398 _-...... O �� D RANT ALL CONDOS o=tip �.'� R 81398 �� o °�� SUBJEC PROP RTY . 4 Z ��o4 QQ' �O QQ FOU D PK SHINER LS #1 598 14.94' 15.06' — N 75°09'11" W (165.06' PER REC 181398) — I n 00 � a N � O LL < o � OI 00 0 - I z 4 H �I V n, O / I 30.W 30.00' 30.00' 30.00' 30.00' 30.00' 0.00' 30.00' UNITTIE ' N75°09'11"W 269.99' (BASIS OF BEARING) SET PK SHINER LS #28 57T° A55T E BASIS OF ELEVATION 7940.34 4q0°24'S „w 115 • 2.97' (TIE) - ----- I -- ---- - - - --_ (75.00'RIGHTOFWAY) - -- - -- - - - -- I ---- l I DURANT AVE GPS-2 DURANT AND GALENA J I I TITLE CERTIFICATE THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THAT THE ENTITIES/PERSONS LISTED AS OWNERS OF RESIDENTIAL CONDOMINIUM UNITS G AND H 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 PITKIN COUNTY TITLE, UNDER CASE NO. PCT24723W4, EFFECTIVE DATE APRIL 27, 2016. 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 2016. ADDRESS: 601 E. HOPKINS ASPEN, CO 81611 STATE OF COLORADO) )SS COUNTY OF 1 THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF _, 2016, BY AS TITLE OFFICER OF PITKIN COUNTY TITLE. WITNESS MY HAND AND OFFICIAL SEAL CONTROL MAP DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL THE APPLICATION FOR CONDOMINIUM IZATION 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 , 2016. 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 AMENDED CONDOMINIUM MAP OF APT G & H, THE DURANT MALL (A CONDOMINIUM), SHOWN HEREON, WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF , 2016. CITY ENGINEER SOPRIS ENGINEERING - LLC SURVEYOR'S CERTIFICATE VICINITY MAP SHEETINDEX 1) CERTIFICATES, NOTES, CONTROL, EXTERIOR BOUNDARY, AND VICINITY MAPS 2) RAMPS AND PARKING GARAGE DETAIL GRAPHIC SCALE 30 0 15 30 60 120 LEGEND - CITY OF ASPEN STREET MONUMENT ( IN FEET) Op FOUND PROPERTY CORNER 1 inch = 30 ft. Q SET PROPERTY CORNER GENERALNOTES 1) DATE OF SURVEY: APRIL 2013. 2) DATE OF PREPARATION: JUNE & AUGUST 2016. 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, FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF THE DURANT MALL (A CONDOMINIUM) REC #604796, AMENDED CONDOMINIUM MAP OF UNITS P-25 & P-26, THE DURANT MALL (A CONDOMINIUM) REC #621946, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN. 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 "GIPS-1". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7939.83 FEET ON THE SE CORNER OF THE SUBJECT GPS-1 DURANT AND WESTEND PROPERTY (SE CORNER LOT Q OF BLOCK 106), CITY AND TOWNSITE OF ASPEN. NAVD 88 ELEV 7945.54 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 TITLE COMMITMENT BY PITKIN COUNTY TITLE, UNDER CASE NO. PCT24723W4, EFFECTIVE DATE OF APRIL 27, 2016. 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. I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS AMENDED CONDOMINIUM MAP OF APT G & H, 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 SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN APRIL 2013; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS CONDOMINIUM MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 OF THE COLORADO REVISED STATUTES, AND (ii) 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 TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. RECORDED EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE PROPERTY INFORMATION BINDER PREPARED BY PITKIN COUNTY TITLE, CASE NO. PTC24723W4, EFFECTIVE DATE APRIL 27, 2016. MARK S. BECKLER, P.L.S. #28643 DATED 2016. �v AUG 222016 �g CITY OFf w ;rL _ Ciowiiv,my CLERK AND RECORDER'S ACCEPTANCE THIS AMENDED CONDOMINIUM MAP OF APT G & H, 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 2016, IN PLAT BOOK , AT PAGES , RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER NOTARY PUBLIC CIVIL CONSULTANTS NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL 502 MAIN STREET, SUITE A3 DRAF�T ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 sb 12178.02 2016-08-09 M:\3200dwgs\12178\12178_CONDO_amend Apt H and G.dwg YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. Is 0 0 0 40 _0 1* AMENDED CONDOMINIUM MAP OF: APT G & H, THE DURANT MALL (A CONDOMINIUM) 710 E DURANT AVE RESIDENTIAL UNITS G & H, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 THIRD LEVEL DETAIL L.C.E. LIMITED CCMMGW ! 1-EMENT eC.E. GENEXfV- COMMON (<Lt-MENT C.k CEILING HF-IC- 7 LEGEND DURANT MALL WEST BUILDING THIRD LEVEL =ORM13Z.LY - RBIDEHTAL UNIT P- 5CAL.-; I° = 10' PER RECORD 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. L.C.E- LIM(TEtD CCMMGfJ l=LEME.NT GC.E. off- Pf�L_ COMMON CLEmr:w C.". CEILING HE:r----H7 LEGEND DURANT MALL WEST BUILDING THIRD LEVEL I=0RMFWLY - RF�iDtf KU,- - UNIT R.- / 5CAL.I 1" = 10' APT G & H COMBINED INTO APT G PER THIS MAP SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 MARK S. BECKLER. P.L.S. #28643 ""`"-CRAFT sb 12178.02 2016-08-09 M:\3200dwgs\12178\12178_CONDO_amend Apt H and G.dwg