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Home My WebLink Aboutcoa.lu.co.820 Bonita Dr.A071-972735-122-09-008 A71-97 Adam Rothberg, Joseph Dunn Subd exemption Con dominiumization I], Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fe 00113-63850-041 DotG,� _ -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MR011 Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065482 AH Residential r County Land Use Application Fees: 00113-63800-033 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 62023-63340-190 00125-63340-205 00113-63815-036 00113-63812-212 Sales: 00113-63830-039 -69000-145 County Engineer City Engineer Housing Environmental Health County Clerk Wildlife Officer County Code Copy Fees Other Name: Date�J2i Check#1� Address _ _ Project: Case No: _ Phone: � - f �y� No -of Copies. • is 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 A071-97 2735-122-09008 Adam Rothberg, Joseph Dunn Subdivision exemption for C 820 Bonita Drive Chris Bendon Subdivision exemption for Condominium izatio Adam Rothberg, Joseph Dunn Owner Withdrawn PARCEL ID:12735-122-09 008 DATE RCVD: 109!12!97 # COPIE, 2 IF CASE NOJA71-97 CASE NAME: Adam Rothberg, Joseph Dunn Subdivision exemption for Condominiumiz PLNR: Chris Bendon PROJ ADDR: 820 Bonita Drive CASE TYPI Subdivision exemption for Condomi OWN/APP: Adam Rothberg, Jo ADR P.O. Box 9075 C/S/Z: Aspen, CO 81612 H 925-1817 REP: Owner ADR: C/S/Z: HN. FEES DUE: 245 F 110-- 355 FEES RCVD 245+110 355 ST11T7 REFERRAL V _Y�0. / REF: —1 • �11 C TG DATE REV BODY PH NO7t. -I DATE OF FINAL ACTION: ------ REMARKS P 1.. `. CLOSE BOA' HRG OFF PLAT SUBMITD: PLAT (BK,PG) ADMIN & /cl kh � — — � V// l4wffe� f 0 • 4 aK ar,�4 C"/ G4rw4'-' �-e�k oki�.,q Ian Div Aiu (VreA Pawl rn+ "4G (Iw� W346 r vjd piv b CO. k�v �as �, l� � WJ N 6 ao, -F�� MEMORANDUM To: Chris Bendon, Planner Thru: Nick Adeh, City Engineer L� From: Chuck Roth, Project Engineer r? �e_ Date: October 3, 1997 Re: Rothberg Condominiumization (King's Court Condominiums) The Development Review Committee has reviewed the above referenced application at their September 17, 1997 meeting, and we have the following comments: 1. Easements - The final plat must reference a recent title commitment or updated Schedule B (within the past 12 months) for current easement information. 2. Irrigation Ditch - The final plat must indicate a ten foot wide easement for the irrigation ditch. The draft plat shows a pond fed by the ditch. Prior to issuance of a building permit, the applicant must contact the City Water Superintendent to determine any necessary procedural steps to legitimize the pond, or the pond will have to be removed. 3. Sidewalk, Curb and Gutter - The site is located in the Cemetery Lane area where there are currently no sidewalk, curb and gutter in place. City Code requires the installation of sidewalk, curb and gutter prior to issuance of a certificate of occupancy for new construction. In this case, the owners will be required to furnish agreements to construct the facilities in the future if the City determines to do so. For the condominium plat, there must be indicated a 5' wide pedestrian usable space five feet from the property line with a buffer space and snow storage area between the pedestrian space and the edge of the pavement. 4. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. Note that separate utility service connections will be required for each half of the condominiumized duplex unless shared service agreements are provided. 1 5. Chief Building Official - He called to our attention that another condominiumized project experienced difficulties meeting fire resistive requirements. This issue must be resolved prior to approval of this application. 6. Fire Marshal - He stated that if the area of the combined building exceeds 5,000 square feet, sprinkling will be required. 7. Accessory Dwelling Unit - It was reported that the property has received an ADU approval. The condominium plat must reflect those approvals, including the ADU parking space on private property. 8. Plat Recordation - The plat should be recorded prior to issuance of a building permit. 9. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. M97.135 PA 0 • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and&= "a (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for SU" Vi -evnN -CYeMP40,V o ,4- dvp4Q4! (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $-3 t which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN Community Development Director City of Aspen APPLICANT Signature: Printed Name: Mailing Address: aox 9Z3Z �s,xN� C6 o"I Z Adam Rothberg P.O. Box 9232 Aspen, CO 81612 Home Phone (970) 925-1817 Review Board Attn. Chris Bendon Dear Review Board, September 11, 1997 For the property located at 820 Bonita Dr. or Lot 19, West Aspen Subdivision, Filing # 1, Adam Rothberg and Joseph Dunn are requesting approval of this proposed condominiumization plat in order to qualify for the financing of the project. The purpose of the condominiumization before the build out is only one of financing. Neither Joe nor I show enough income to finance the project, however, if we are able to get a title for each side of the duplex, we will increase the value of the property and thus become much more eligible for financing because our loan to value ratio will decrease. After discussing this matter with Chris Bendon, we have agreed that we will build the structure to match the plans and plat exactly as shown. It will be our responsibility to amend the plat if there is any deviation from the proposed plat after obtaining certificates of occupancy. If you require any further information than what I have provided, please feel free to contact me at any time. We thank you for your time and consideration. Adam Rothberg P.O. Box 9232 Aspen, CO 81612 925-1817 Joseph Dunn .O. Box 9075 Aspen, CO 81612 927-9585 GENERAL WARRANTY IUD MARGARET C. BIPPUS, whose address is ��41 Czc�6i7. ;3e'qr_W for the consideration of Ten Dollars (S 10.00) and other good an8 valuable consideration, in hand paid, hereby sells and conveys to JOSEPH P . DUNN S ADAM B . ROTHBERG AS TENANTS IN COMMON ,whoseaddress is P.O. BOX 9075 ASPEN CC 81612 the following real property in the County of Pitkin, State of Colorado: LOT 19, WEST ASPEN SUBDIVISION, FILING NO. 1 also known by street and number as: �� - ��✓�� /�sia.-Co • roIC4 r eld Aspen, CO 81611 with all its appurtenances, and warrant, the title to the same, subject to and except for: 1. General taxes for 1996 and thereafter payable in 1997 and thereafter. 2. Building and zoning regulations. 3. Right of the proprietor of a vein or lode to ectract 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 in Boot; 55 at Page 33. 4. Easements, rights of way and all matters as disclosed an Plats of subject property recorded in Plat Book 3 at Page '_'52. `. Easement and right of way for utilities as set forth in instrument recorded lanuary '_' 1, 196E in Book 235 at Page 118. ALL REFERENCES BEING TO T'tiE REAL PROPERTY RECORDS OF PITKIN COUN i'Y, COLORADO. Signet this .29 d2y of July-, 1996. NIARGA T C. BIPPUS [Notary Block to Follow; I STATE OF COUNTY OF ) ss. The foregoing instrument was acknowle cy Margaret C. Bippus. dged before me this day of July, 1996) by Witness my hand and official seal. ANN C BRUM My commission expires:ry sage k'y Cornet. FxMM Jury 7 twg No. CC 380108 muk4! X�lu� brntrr lit.. Notary Apublic jIkUNPP".Rwd AUG-06-97 10=35 FROM=HOLLANDHART ID=9709274765 PAGE 2/4 0 a P� w N ��Lukor�. A g UJWw md� H Lu MEMORANDUM August 5, 1997 TO: Chris Benden, Aspen/Pitkin County Community Development Department (Via Fax to 920-5439) FROM: Arthur C_ Daily, Esq. RE: Rothberg Condominium Application Vm enclosing for your information the first WO pages of an article of several years ago on the Colorado Common Interest Ownership Act. Please note the discussion on Page 2 regarding the legality of laud condominiums under CiOA. cc: Adam Rothberg (w/copy) AUG-06-97 10:35 FROM=HDLLANDHART ID=9709274765 COLORADO COMMON IltirEREST OWNFU SHIP ACT — CR—4-TION, ALTERATION AND TEjLNyjNATIOX Off' =E COMMON INTEREST COM UNEMy Mark E_ Welch, Esq. 9200 Cherry Creek South Drive No_ 42 Deaver, Colorado 80231 =) 745-8507 bqTSODUCTION This presentation will utilize the same shorthand utilized in Rich Lin- gnanti's firs presentation.. Here as there, PAGE 3/4 "'he Colorado Common Interest Ownership Act is known az "CIOA." i ' The Uniform Common Interest Ownership Act is called "UCIOA." r • A Common Interest Community is referred to as a "CIC." Rich -I- nquarati`s presentation focuses on Parts I and 3 of CIOA, this pre- sentation cleats pricey with Part 2: Creation, Alteration and Termination of Common Interest Communities. In the discussion of Part 2, an attempt will be made to point out the differences between life under the law as we know it and life under CIOA. 1- NOTEWORTHY DEFINITIONS a. In Oengral [Section I03I -- As with any comprehensive enactment, an understanding of CIOA, begins with an understanding of its defiJaitions. Defm i- S QMark E. Welch, 1991 RUG-06-97 10:35 FROM=HOLLANDHART ID=9709274765 PAGE 4/4 dons are the passwords for entry into the labyrinth of CIOA. From Rich Lin- quanti's presentation, you should already be familiar with the meaning of some of the definitional building blocks of CIOA like Common Interest Community (or CIC), Condominium, Cooperative and Planned Community. This presentation will point out some noteworthy aspects of some of the defuz dtions as well as aefini- tions that are missing from CIOA. - hQndominixzm [Section 103(9)j -- CIOA ends a controversy among lawyers as to wherlier a parking space may be a condominium unit. C_R..S. 38-33- 103 recuired that a condominium unit be "- - . an enclosed room or rooms... " The CIOA. definition of Condominium does not depend upon the physical component of the real estate but instead depends upon the characteristics of ownersbip requir- ing Portions of the real estate to be designated for separate ownership and the re- mainder for common ownership by the owners of the separate portions. If you want that paiking space (or RV space or marina dock or whatever) to be a condo - mini -um, CIOA lets you do it now. Focusing on the characteristics of ownership paeans that you vnU end up with an -accidental condominium" from time to time, however. For ex- ample, if you created a townhouse project where the lots are owned separately and the common elements are owned by the lot owners and not the association, you've created a condominium under CIOA. If, however, you conveyed the common el- ements to the association, you`ve created a planzied community. While it doesn't seem to matter much on the surface which type of ownership regime you create, CIOA has different rules for different types of regimes. For example, the provi- sions of CIOA excluding from the coverage of CIOA small CICs [Sections 116 and 1191, limited expense CICs [Section 1161 and nonresidential CICs [Section 1211 jJu v CONDOMINIUM PLAT OF �"`''` �' OWNER'S CERTIFICATE Lei ' � b � � �"(= �? KING ,S' COURT CONDOMINIUMS A o KNOW ALL MEN BY THESE PRESENTS THAT JOSEPH P. DUNN 6 ADAM B. ROTHBERG, BEING THE RECORD j OWNERS OF LOT 19, WEST ASPEN SUBDIVISION, FILING NO. I, CITY OF ASPEN, PITKIN COUNTY, COLORADO HAVE BY THESE PRESENTS CONDOMINIUMIZED SAID LOT 19 AND THE IMPROVEMENTS `n'�f 0`, I THEREON INTO UNITS A AND 8 KING'S COURT CONDOMINIUMS AND CERTAIN APPURTENANT COMMON I AL CAP ELEMENTS AS SHOWN AND NOTED HEREON AND PURSUANT TO THE PURPOSES STATED IN THE LOT 19, WEST ASPEN SUBDIVISION, FILING NO. I 7168 SET CONDOMINIUM DECLARATION FOR THE KIN('S COURT CONDOMINIUMS RECORDED ON 1997 IN CONC AT RECEPTION NO. IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, ). �\ I T•! ` ;, Vv ---- CITY OF ASPEN AT F . P COLORADO AND IN ADDITION DO HEREBY DEDICATE ALL EASEMENTS 3S SHOWN HEREON. r 1 , PITKIN COUNTY, COLORADO EXECUTED THIS DAY of , 1997. A COLORADO COMMON INTEREST CONDOMINIUM COMMUNITY L JOSEPH P. DUNN ADAM B. ROTHBERG OOkL "}y 1 jj }r �� / STATE OF COLORADO ) SITE /��I I yQ�GQ COUNTY OF PITKIN ).s 'V, THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1199_ BY JOSEPH P. DUNN & ADAM B. ROTHBERG, AS OWNERS. ire a �P p. SCALE MYTCOMMISSIONNESS MY NEXPIIRESOFFICIAL SEAL O . �y I INCH - 10 FEET NOTARY PUBLIC J / LOT 19 0 S I O I S 20 MORTGAGEE'S CERTIFICATE I B, 380 S CRES' / p. 0.4?l9 ACRES •/ y THIS MAP OF THE KING'S COURT HOMES IS APPROVED FOR RECORDING IN THE OFFICE OF THE CLERK AND ' / \ s4` OFCADDVANTAER FMORTGAGEPIKTIN CCORPY, COLORADO BY AS(TITLE)LOT 12 VICINITY MAP YEL PLA CAP LS 7168 HORZ CNTL BASIS OF BRGS POINT LEGEND & NOTES v';' `� FOUND SURVEY MONUMENT REBAR WITH CAP AS DESCRIBED RECORD SUBDIVISION PLAT WAS USED FOR SURVEY LOCATIONS BASIS OF BEARINGS IS THE WEST COR (7168 YEL CAP) TO AP EAST (AL CAP 7168) N74'43'17'E 171.94 FEET AS SHOWN HEREON PITKIN COUNTY TITLE, INC. COMMITMENT PCT-9837C4 DATED JUNE 17, 1996 WAS USED IN THE PREPARATION OF THIS MAP. QW REMOTE WATER METER READ STA. ❑ UTILITY BOX POSTED ADDRESS "820" C.E. COMMON ELEMENT 9 SET STEEL SPIKE OR P-K NAIL SURVEY CONTROL $ WOOD FENCE E) CHAIN LINK FENCE THIS CONDOMINIUM HAS VERTICAL BOUNDARIES ONLY THE TERM -VERTICAL BOUNDARIES IS DEFINED IN THE COLORADO COMMON INTEREST OWNERSHIP ACT, C R S SECTION 38-33.3-102(32). ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. (TITLE) ADVANTA MORTGAGE CORP. ATTN DEPT. 370 P.O. BOX 50911 SAN DIEGO, CA 92150-9011 STATE OF CALIFORNIA) )c� COUNTY OF ) THE FOREGOING MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF t 199_ BY AS (TITLE) OF ADVANTA MORTGAGE CORP. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. REGISTERED TO Db BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE. 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 GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. DATED:--, 199 VINCENT J. HIGENS PRESIDENT PITKIN COUNTY TITLE, INC. 600 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) )tt COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 199_ BY VINCENT J. HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE, INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE ,AVID W. McBRIDE, HEREBY CERTIFY THAT IN MARCH 6 APRIL 1995 S JUNE 1997, A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY AND THAT A MULTI -LEVEL RESIDENTIAL HOUSE WAS FOUND TO BE LOCATED AS SHOWN ON THIS MAP. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE, INC. TITLE COMMITMENT PCT - 9837C4 DATED JUNE 17 1996 ARE ACCURATELY SHOWN ON THIS MAP, AND THAT THE MAP ACCURATELY AND SUESTANTIALLY DEPICTS THE LOCATION OF THE BUILDING AND INDIVIDUAL UNITS AND UNIT DESIGNATIONS THEREOF. THE CONTROL SURVEY PRECISION IS GREATER THAN 1 10,000 WITH AN ACCURACY TO 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. S I GNED TH I S .__ DAY OF , 199_ DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA ST. ASPEN, CO. 81611 CITY ENGINEER'S APPROVAL THIS CONDOMINIUM PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF , 199_. CITY ENGINEER LoT2\ COMMUNITY DEVELOPMENT APPROVAL THIS CONDOMINIUM PLAT WAS REVIEWED AND APPROVED BY THE PLANNING DIRECTOR OF THE CITY OF ASPEN PLANNING DEPARTMENT ON THIS _ DAY OF , 199_ . DIRECTOR CLERK AND RECORDER'S ACCEPTANCE / ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY COLORADO AT _ O'CLOCK _ .M. ON THIS DAY OF , 199_ IN PLAt / of BOOK AT PAGE AS RECEPTION NUMBER _ Pa CLERK AND RECORDER CHORD BEARING N 46'53'46"W N 45'52'25"W PREPARED BY N 44'15'55'W N 45.17' 17-W ASPEN SURVEY ENGINEERS, I NC . 210 S. GALENA STREET P.O. BOX 2506 ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 SHEET O F REVISED JULY 26, 97 JOB NO 25069 APR. 15, 1995 C Y7 ES T� b a ,� CC- NQ `ITE \/ I (' I NI I T V AAA P YEL PLA CAP LS 7168 HORZ CNTL BASIS OF BRG� POINT �O LEGEND & NOTES FOUND SURVEY MONUMENT REBAR WITH CAP AS DESCRIBED RECORD SUBDIVISION PLAT WAS USED FOR SURVEY LOCATIONS BASIS OF BEARINGS IS THE WEST CDR (7168 YEL CAP) TO AP EAST (AL CAP 7168) N74°43'17'E 171.94 FEET AS SHOWN HEREON PITKIN COUNTY TITLE, INC. COMMITMENT PCT-9837C4 DATED JUNE 17, 996 WAS USED IN THE PREPARATION OF THIS MAP. ® REMOTE WATER METER READ STA. ❑ UTILITY BOX POSTED ADDRESS '820' C.E. COMMON ELEMENT B SET STEEL SPIKE OR P-K NAIL SURVEY CONTROL $ WOOD FENCE ) — CHAIN LINK FENCE THIS CONDOMINIUM HAS VERTICAL BOUNDARIES ONLY. THE TERM 'VERTICAL BOUNDARIES" IS DEFINED IN THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. SECTION 38-33 3-102(32) ACCORDING TO COLORADO LAW YOU MUST COMMERCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. CONDOMINIUM PLAT OF IfINC' ,S' COURT CONDOMINIUMS LOT 19, WEST ASPEN SUBDIVISION, FILING NO. I CITY OF ASPEN PITKIN COUNTY, COLORADO A COLORADO COMMON INTEREST CONDOMINIUM COMMUNITY SET CORNER 4 RB W/RED CAP 16129 SCALE I INCH - 10 FEET OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT JOSEPH P. DUNN d ADAM B. ROTHBERG, BEING THE RECORD OWNERS OF LOT 19, WEST ASPEN SUBDIVISION, FILING NO. I, CITY OF ASPEN, PITKIN COUNTY, COLORADO HAVE BY THESE PRESENTS CONDOMINIUMIZED SAID LOT 19 AND THE IMPROVEMENTS THEREON INTO UNITS A AND B KING'S COURT CONDOMINIUMS AND CERTAIN APPURTENANT COMMON ELEMENTS AS SHOWN AND NOTb HEREON AND PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE KIN6.S COURT CONDOMINIUMS RECORDED ON 1997 AT RECEPTION NO. IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AND IN ADDITION DO HEREBY DEDICATE ALL EASEMENTS AS SHOWN HEREON. EXECUTED THIS _ DAY OF , 1997 JOSEPH P. DUNN ADAM B. ROTHBERG STATE OF COLORADO 1 )M, COUNTY OF PITKIN 1 THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 1 199_ BY JOSEPH P. DUNN 6 ADAM B. ROTHBERG, AS OWNERS. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE THIS MAP OF THE KING'S COURT HOMES IS APPROVED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PIKTIN COUNTY, COLORADO BY AS(TITLE) OF ADVANTA MORTGAGE CORP. (TITLE) ADVANTA MORTGAGE CORP ATTN DEPT. 370 P.O. BOX 50911 SAN DIEGO, CA 92150-9011 STATE OF CALIFORNIA) COUNTY OF 1 THE FOREGOING MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 1 199_ BY AS (TITLE) OF ADVANTA MORTGAGE CORP. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. REGISTERED TO Db BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE OWNtR'S CERTIFICATE. 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 GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. DATED 199_ VINCENT J HIGENS PRESIDENT PITKIN COUNTY TITLE, INC. 600 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,199_ BY VINCENT J. HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE, INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I DAVID W. Mc BRIDE, HEREBY CERTIFY THAT IN MARCH 6 APRIL 1995 S JUNE 1997, A SURVEY WbS PERFORMED UNDER MY IDRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY AND THAT A MULT-LEVEL RESIDENTIAL HOUSE WAS FOUND TO BE LOCATED AS SHOWN ON THIS MAP. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE, INC. TITLE COMMITMENT PCT - 9837C4 DATED JUNE 17 1996 ARE ACCURATELY SHOWN ON THIS MAP, AND THAT THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION OF THE BUILDING AND INDIVIDUAL UNITS AND UNIT DESIGNATIONS THEREOF. THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SIGNED THIS DAY OF , 199_ DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA ST. ASPEN, CO. 81611 CITY ENGINEER'S APPROVAL THIS CONDOMINIUM PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF , 199_. CITY ENGINEER COMMUNITY DEVELOPMENT APPROVAL THIS CONDOMINIUM PLAT WAS REVIEWED AND APPROVED BY THE PLANNING DIRECTOR OF THE CITY OF ASPEN PLANNING DEPARTMENT ON THIS __ DAY OF , 199_ . DIRECTOR CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY COLORADO AT O CLOCK _ .M. ON THIS DAY OF 199_ IN PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER CHORD BEARING N 46'53'46'W N 45'52'25"W PREPARED BY N 44'I5'55"W N 45.17' 17"W ASPEN SURVEY ENGINEERS 210 S. GALENA STREET P.O. BOX 2506 ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 INC. SHEET I OF I JOB NO 25069 REVISED JULY 26, 97 APR. 15, 1995