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HomeMy WebLinkAboutLanduse Case.CO.130 Pitkin Mesa Dr.A047-03-- 130 and 140 Pitkin Mesa Condo Ainewd �IJ L COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (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 1303 GIS Fee 1481 Hous. Cash in Lieu 1383 Open ce Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. yTOTAL q - NAME: -, t_ ► -i r'' ADDRESS/PROJECT: �f 1�0 }V,yk PHONE:_ 144// CHECK# D, S3Qk ti CASE/PERMIT#: # OF COPIES: DATE: 7/-26/ INITIAL: -7,-> CASE NUMBER A047-03 PARCEL ID # 2735-013-05007 CASE NAME 130 and 140 Pitkin Mesa Condominium ization PRO.IECT ADDRESS 130 & 140 Pitkin Mesa PLANNER James Lindt CASE TYPE Condominiumization OWNER/APPLICANT Roget and Andre Kuhn REPRESENTATIVE DATE OF FINAL ACTION 11/12/03 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Plat Recorded BOA ACTION DATE CLOSED 11/17/03 BY D Driscoll 0 • PARCEL ID: 2735-013-05007 DATE RCVD: 8/26/03 # COPIES:: CASE NO A047-03 CASE NAME: 130 and 140 Pitkin Mesa Condom iniumization PLNR: James Lindt PROJ ADDRA 130 & 140 Pitkin Mesa CASE TYP: Condominiumization STEPS: w, OWN/APP: Roget and Andre Ku ADR 130 Pitkin Mesa Drive CIS/Z: Aspen/CO/81611 PHN: 544-9523 REP: ADR: CIS/Z: PHN: FEES DUE: 475 FEES RCVD: 475 - STAT: F REFERRALS i REF: BY DUE: ........ _. __.......... MTG DATE REV BODY PH NOTICED „a DATE OF FINAL ACTION: REMARKS CITY COUNCIL:: j PZ: CLOSED:- BY: BOA. I DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN: Say � `/1 c1 `Cv\G�� ��'tU1�eU-�s G� UQ MEMORANDUM To: Roget Kuhn From: James Lindt, Planner Date: August 28, 2003 Re: 130 and 140 Pitkin Mesa Drive Condominium Map - Community Development Department's Comments Please make the following changes to the draft condominium map that you submitted for review: / 1. Indicate snow storage location. J 2. Obtain a letter of consent from the Aspen Sanitation District to maintain the deck.,. - on Unit 2 over the ten (10) foot wide sewer easement. 3. What is the spotted area represent to the west of the garage doors? Please indicate in survey legend what it represents. If it is part of the foundation or something other than a gravel walkway, please apply for and obtain an encroachment license from the City Engineering Department and reference the recording information for the encroachment license on the plat. �l d 4. Indicate where the designated parking space is for each of the ADU units. V 5 5. Indicate that Pitkin Mesa Drive is a dedicated Right -of -Way pursuant to City✓ r Council Ordinance No. 6, Series of 1994 in place of the dedicated roadway label. 6. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. Additionally, please submit a recording fee of $11 with the Mylars that is payable to the Pitkin County Clerk and Recorder's Office. 0 0 t s Aspen Consolidated Sanitation District Sy Kelly * Chairman Paul Smith * Treas Michael Kelly * Secy May 30, 2002 Roget Kuhn 140 Pitkin Mesa Drive Aspen, CO 81611 Re: Lot 12, Block 1 Pitkin Mesa Subdivision Dear Roget: John Keleher Frank Loushin Bruce Matherly, Mgr We have reviewed the site improvement survey map that you delivered to our office. The site survey shows a "10 foot sewer easement" located near the middle of the lot. This easement is not being used by Aspen Consolidated Sanitation District to provide sewer service to this lot nor the immediate area. Service is provided to the area by a line that is installed in Pitkin Mesa Drive. We do not foresee any short term need for the easement. The easement may have been granted at the time of subdivision as a potential sewer utility corridor. The easement encroachment being considered as the result of the addition of a deck does not appear to have any effect upon our ability to serve the area. Please call if you have any questions. Sincerely, Bruce Matherly U District Manager cc: John Niewoehner City of Aspen Engineering 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 August 26, 2003 To Whom It May Concern: Roget Kuhn (owner of lot 12, block 1, South side, Pitkin Mesa Subdivision, 0130 Pitkin Mesa Dr. Aspen) and Andre Kuhn (owner of lot 12, block 1, North side, Pitkin Mesa Subdivision, 0140 Pitkin Mesa Dr. Aspen) would like to condominimize (townhomes) their duplex lot. They give their permission by signing below: Roget Kuhn 8/26/03 Andre Kuhn 8/26/03 0 ReC_CV,8j a f PARTY WALL AGREEMENT THIS AGREEMENT is made and entered into by and between Roget D. Kuhn and Andre N. Kuhn to be effective upon proper approval by the parties and the holders of recorded encumbrances, Mortgagee, upon the property and upon approval of City of Aspen, Colorado. l . For -purposes of interpreting and giving effect to this Agreement, the -parties agree as follows: -a. Roget D. Kuhn and Andre N. Kuhn, (hereinafter collectively called "Declarant"), are the owners of the following described real estate, to -wit: Lot 12, Pitkin Mesa Subdivision County of Pitkin, State of Colorado; hereinafter referred to as the "Property". a. A building, hereinafter referred to as the "Duplex" and other improvements appurtenant thereto have been constructed on the Property. a. A Declaration of Restrictions has previously been recorded in records of the Pitkin County Clerk and Recorder at Book 344, Page 741 with respect to the Property and an Amendment to Declaration of Restrictions has previously been recorded in records of the Pitkin County Clerk and Recorder at Book 349, Page 971 with respect to the Property. a. It is the parties desire to subdivide the property into two lots and as part of that to revoke these prior Declaration of Restrictions and replace them entirely with this Party Wall Agreement. a. Roget D. Kuhn and Andre N. Kuhn desire to convey ownership of half of the subdivided Property to each of them with Roget D. Kuhn to receive what was formerly known as Block 1, Lot 12, South Unit, and now to be described as Block 1, Lot 12, Kuhn Duplex, Unit 1, and now also more commonly known as 0130 and 1034 Pitkin Mesa Drive and with Andre N. Kuhn to receive what was formerly known as Block 1, Lot 12, North Unit and now to be described as Block 1, Lot 12, Kuhn Duplex, Unit 2, and now also more commonly known as 1040 and 1044 Pitkin Mesa Drive, Aspen, Colorado, all as is more fully shown on the Plat of the Kuhn Duplex recorded in the Pitkin County Clerk and Recorder's office as reception no. G Q) Pj6) 5 , hereinafter referred to as the "Plat". 2. Definitions. a. "Party_Wall" means the wall which is constructed as a common part of Unit 1 and Unit 2 and which is located upon the division line of the Property and means any common utility lines serving the Duplex. Tto the extent it is not inconsistent with the specific provisions of this Agreement, the general rules of law regarding party walls shall apply thereto. b. "Accessory Dwelling _Unit" means a deed restricted dwelling attached to a Unit which meets the occupancy, dimensional and other requirements of the City of Aspen Municipal Code for Accessory Dwelling Unit. The Accessory Dwelling Unit appurtenant to each Unit is located in the basement area of each unit and is more fully described in the Accessory Dwelling Unit Deed Restriction signed by each Declarant and recorded in the records of the Pitkin County Clerk and Recorder. The use of such Accessory Dwelling Units shall be only as allowed by the Accessory Dwelling Unit Deed Restrictions. C. "Owner" means any person or entity, including Roget D. Kuhn and Andre N. Kuhn, or any combination thereof, owning an individual Unit. The term "Owner" shall not refer to any Mortgagee, as herein defined, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. d. "Mortgage" means any mortgage, deed of trust or other security instrument by which the interest of any Owner is encumbered. e. "Mortgagee" means any person named as mortgagee or beneficiary, including successors and assigns thereof, under any mortgage by which the interest of any Owner is encumbered. f. "Property" means and includes the land, the Duplex, all improvements and structures thereon, and all rights, easements, and appurtenances belonging thereto. g. "Duplex" means the building constructed upon and comprising a part of the Property consisting of Unit 1 and Unit 2 as described on the Plat. h. "Structural Components" of the Duplex include, but are not limited to its foundations, including but not limited to the common foundation for the decks on the main level, columns, girders, beams, supporting walls, floors, and ceilings, exterior walls and surfaces, roofs, balconies, patios, terraces, walkways and stairs or stairways and all plumbing components including but not limited to water supply lines and sewer lines serving the both Units, but not including plumbing or sewer lines or fixtures within a Unit and not including the Limited Common Elements of a Unit unless otherwise specifically noted in these Declarations. i. "Unit" shall mean each individual Unit of the Duplex as shown on the Plat. 3. Use and Occupancy. The use and occupancy of the Property and each of the respective Units, and each Accessory Dwelling Unit, in the Duplex shall only be used by an 9 Owner, or his or her tenants, as an one family private residence as defined by the applicable zoning regulations. 4. Party Wall Agreements. a. Except as hereinafter provided, each Unit shall be furnished, maintained and repaired at the cost and expense of the Owner having the exclusive right of occupancy and use thereof. b. The Owners of each Unit shall have a perpetual and reciprocal easement in and to that part of the adjoining Unit on which the Party Wall is partially located including the concrete deck structure on the main level of the Duplex, including without limitation, mutual support, maintenance, repair and inspection. For the purpose of repairing or maintaining the Parry Wall or any component thereof, the Owners of each of the Units are licensed to enter upon the other Owner's Unit to do work necessary in the exercise of the rights provided herein. d. The Owners of the Units shall have the full right to use the Party Wall to support the Structural Components as required for the support of his or her Unit and for the reconstruction or remodeling of his or her Unit; provided, however, that such use shall not injure the other Owner's Unit and shall not impair the Structural Components to which the other Owner's Unit is entitled. e. No extension or modification of the Party Wall may be made by and Owner, or person acting pursuant to such Owner's consent, unless prior written consent shall have been obtained, in advance, from the other Unit Owner and his or her first Mortgagee which written consent shall be recorded in the records of the Pitkin County Clerk and Recorder's Office. f. The Owner of each Unit shall have the right to break through the Party Wall for the purpose of repairing or restoring sewerage, water or other utilities; however, such Owner shall be obligated to restore the Party Wall and its components to its previous structural condition at such Owner's sole cost and expense. g. The cost of reasonable repair and maintenance of the Party Wall and its components shall be shared equally and jointly by the Owners of Units 1 and 2, provided that the cost of repairs and maintenance of the finished surfaces of the Party Wall located within either Unit shall be the sole expense of that Unit Owner. Notwithstanding the foregoing, the replacement of the deck's concrete structure on the main level shall be shared equally by the Unit Owners. Repairs of the deck surface and replacements of all other components of the deck (other than the concrete foundation) shall be at the sole cost and expense of each Unit Owner. In addition, repair of the roof immediately above each Unit shall be at the sole cost and expense of the Owner of that Unit but the replacement of the entire roof, including but not limited shingles or other roof covering and/or structural components shall be shared equally and jointly by both Unit Owners. • • h. No material alterations, including but not limited to, architectural, aesthetic or structural alterations, including painting of any exterior surfaces of the Duplex, may be made without the prior written consent of both Owners; provided no Owner shall arbitrarily or unreasonably withhold his consent. Notwithstanding the foregoing, the exterior color of each Unit may not be changed except with the prior written consent of both Unit Owners. 5. Insurance. Each Owner shall share keep his or her Unit insured and shall maintain, at his or her sole cost, fire and structural casualty and general liability insurance covering his or her Unit for replacement value of the Unit, and if allowed, each Unit Owner's insurance policy shall included the other Unit Owner as an additional insured as it relates to the Party Wall obligations above. Each Owner shall maintain, at his or her own cost, adequate property insurance for fire and other coverage on such Owner's furnishings and other items of personal property. 6. Destruction. Damage or destruction of the Duplex as a result of fire or other casualty shall be governed by the following provisions: (a) In the event of damage or destruction to all or part of the Duplex due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the Duplex, shall be promptly applied by the Owners to such reconstruction, subject to the rights of Mortgagees and subject to the rights, if any, of mortgage insurers of such Property, which Mortgages and insurers shall be notified, in writing, of such damage or destruction, as soon as practicable but no later than thirty (30) days after the date of such damage or destruction. (b) If the insurance proceeds are insufficient to repair and reconstruct the Duplex, the Owners shall immediately appoint an independent appraiser to determine the percent, by value, of the premises which has been destroyed. If less than eighty percent (80%) of the Duplex has been destroyed, such damage or destruction shall be promptly repaired and reconstructed, with the cost thereof in excess of the insurance proceeds to be borne equally by the Owners. Such Owner's portion of this excess cost shall constitute a lien upon such Owner's interest in the subject Property, enforceable by the other Owner as provided in paragraph 9 below. (c) If the above mentioned appraiser determines that more than eighty percent (80%) of the Duplex has been destroyed, and the Owners have not reached a mutual agreement to reconstruct said duplex within thirty (30) days following the delivery of such appraiser's report, the remaining Duplex subject to the rights of the Mortgagees, shall be sold, and the costs and proceeds of such sale, together with the insurance proceeds, divided equally between the Owners. 7. Taxes, Utilities and Common Costs. (a) Each Owner shall be responsible for timely payments of the general property taxes levied upon each Owner's Unit; provided, however, that until such time as said taxes shall be levied separately upon each Owner's Unit, said taxes shall be shared equally and jointly by the Owners. (b) The Owners shall share equally in all other common costs for services to the Property and/or Duplex as a whole and which are not individually metered or charged to a Unit. 8. Right of First Refusal: The sale of a Unit by any owner shall be subject to the following terms and conditions: (a) In the event that any Owner receives a bonafide offer to purchase his or her or its Unit, such Owner shall give written notice of such proposed sale to their other Owner, which notice shall include a true copy, of said offer, and/or shall state the terms and conditions, purchase .price, and the name of the purchaser. Said notice shall be deemed to be given either when served personally upon the non -selling Owner or when mailed by certified mail to the non - selling Owner at his, her or its last known mailing address, or if unknown the address for the non -selling Owner as listed in the Assessor's records of Pitkin County, Colorado. The non - selling Owner shall have a period of three business days, Monday through Friday inclusive, after the receipt of such notice to exercise this option and ten business days after receipt of such notice to -provide -reasonable proof of his or her ability to close on the purchase of the other Owner's Unit upon the same terms and conditions and for the price as set forth in said Notice. (b) In the event of any default on the part of any Owner under the mortgage which entitles the holder thereof to foreclose same, any sale under such foreclosure, including delivery of a deed in lieu of such foreclosure, shall be made free and clear of the provisions of this paragraph 8 and the .purchaser, or grantee under such deed in lieu of foreclosure of such interest, shall be thereupon and thereafter subject to the provisions of this Declaration. If the purchaser following such foreclosure sale, or grantee under deed given in lieu of such foreclosure, shall be the then -holder -of the Mortgage, -or its nominee, the said holder or nominee may thereafter sell and convey the interest free and clear of the provisions of this paragraph 8, but its grantee shall thereupon and thereafter be subject to all of the provisions hereof. (c) Upon written request of any prospective purchaser or other interested party, the non -selling Owner shall forthwith, or where time is specified, at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing that proper notice was given by the selling Owner and that non -selling Owner did not elect to exercise his right of first refusal to purchase. 9. Right of Reimbursement: (a) Any Party Wall or other expenses which are to be divided between and shared equally and jointly by both the Unit Owners, may be paid in full by either Owner when deemed necessary or convenient to do so. -In such -event, -the -Owner making such payment shall thereupon have an immediate and enforceable right to demand and receive full reimbursement from the other Owner for his, her or its share of the payment so made. The Owner entitled to such reimbursement shall have an enforceable lien upon the other Owner's Unit for the amount of such reimbursement. (b) To evidence such a lien, the Owner shall prepare a written notice of lien setting forth the amount to which he is entitled, the date due, the amount remaining unpaid, the name of the Owner and a description of such Owner's Unit. Such a notice shall be duly acknowledged by such Owner and recorded in the Office of the County Clerk and Recorder of Pitkin County, State of Colorado. Such lien may be enforced by judicial foreclosures by the Owner in the same manner in which mortgages on real property may be foreclosed in Colorado. In any such lien filing or foreclosure, the non-paying Owner shall be required to pay all costs and expenses incurred with respect to such lien or foreclosure proceeding, including the costs and expenses of filing the notice of lien and all reasonable attorney's fees incurred prior to and during any foreclosure proceeding. All such costs and expenses shall be secured by the lien being foreclosed. The Owner making such payments shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner thereof. (c) A release of notice of lien shall be executed by the Owner and recorded in the Pitkin County, Colorado real estate records, upon payment of all sums secured by a lien which has been made the subject of a recorded notice of lien. 10. Enforcement: The covenants, conditions and restrictions set forth in this Agreement constitute a general plan for the maintenance, protection and enhancement of value of the Property and the Units contained thereon, and for the benefit of both Owners. Said covenants, conditions and restrictions are imposed on the entire property for the benefit of the present and future Owners thereof. Said covenants, conditions and restrictions are and shall be covenants running with the land or equitable servitude, as the case may be. The breach of any of the said covenants, conditions or restriction and the continuation thereof may be enjoined, abated or remedied by appropriate legal proceedings by any Owner, or Mortgagee under any Mortgage given for value, all of whom are hereinafter collectively referred to as "enforcing person(s)", Damages at law for any such breach are hereby declared to be inadequate. The result of or condition used by any violation of any of said covenants, conditions or restrictions is and shall be a nuisance, and every remedy in law or equity now or hereafter available against a public or private nuisance may be exercised by any enforcing person. The remedies set forth herein for breach of said covenants, conditions and restrictions shall be cumulative, and none of said remedies shall be exclusive. The failure to enforce any of said covenants, conditions or restrictions shall not constitute a waiver of the right to enforce the same thereafter. In the event litigation shall be commenced to enforce an of said covenants, conditions or restrictions, such enforcing person, if he prevails in such litigation, shall be entitled to have judgment against and recover from any defendant (other than nominal) in such litigation such attorney fees and costs as the court may adjudge reasonable and proper. 11. Amendment or Revocation: This Agreement may be amended or revoked at any time by an instrument in writing, executed by all of the then current Unit Owners, subject, however, to obtaining the prior written approval of all of the holders of any Mortgagees holding a first mortgage or deed of trust of record and covering or affecting an Owner's Unit. 12. Duration: Each provision in this Agreement shall continue and remain in full force and effect for a period of twenty (20) years from the date upon which this Agreement is recorded in the Clerk and Recorder's Office of Pitkin County, Colorado; and, thereafter, they shall be automatically extended for successive periods of ten (10) years each unless this Agreement is amended or revoked by a recorded instrument signed by all Unit Owners and all Mortgagees holding a first mortgage or first deed of trust of record and covering or affecting an -Owner's Unit. 13. Re -Subdivision and Partition Not Permitted: The Property shall not be re - subdivided without the expressed written consent of both Unit Owners, which consent may be withheld in the sole and absolute discretion of either Unit Owner, nor shall the Property be subjected to .judicial or other partition, and no Owner shall institute any action seeking the partition thereof. 14. Mediation: All questions, controversies, disputes, or matters of interpretation arising under or with respect to this Agreement shall, if written notice of controversy is given to the other Unit Owner, be submitted to mediation with a mediator mutually chosen by the Unit Owner. If any such issue is not resolved within thirty (30) days of a request for resolution by one Unit Owner to the other Unit Owner, then either party may seek to enforce or resolve this issue in the Pitkin County District Court which shall have exclusive jurisdiction to resolve any disputes or issues arising from these Declarations. The prevailing parry in any such court action shall be awarded his or her attorney's fees and costs. 15. Severability: In the event any covenant, condition, restriction or provision contained in this Agreement is to be held invalid, void, or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall, nevertheless, be and remain in full force and effect. 16. Captions: The captions and headings used in this Agreement are used for convenience only and not to be used to construe, interpret or limit the terms and conditions of this Agreement. 17. Construction: When necessary for proper construction, the masculine or any word used in this Agreement shall include the feminine or neuter gender and the singular for the plural and vice versa. 18. Governing Law: This Agreement is made and executed under and in all respect governed and construed by the laws of the State of Colorado. IN WITNESS WHEREOF, this Declaration has been duly executed by the parties named above this �2�� day of Se p ter" h ei , 2003. Roget D. Kuhn STATE OF COLORADO ) COUNTY OF PITKIN )SS. Andre N. Kuhn This Party Wall Agreement was acknowledged to before me by Roget D. Kuhn and Andre N. Kuhn this JT-"-' day of Sep-4t.., 61- , 2003. N-\-'! �- Notary Public My Commission Expires: ' a �Z- )OS- • 0 Mortgagee Unit 1 STATE OF YC* ) COUNTY OF )ss. This Party Wall Agreement was the Mortgagee for Unit 1 0A i CYAGQj "Y- TC My Commission Expires: STATE OF COUNTY OF vlit //. /,- wt S + N JAI Ag o4 Mortgagee Unit 2 acknowledged to before me by on this 1O day of N Nre— MV Q„ ' 2003. This Party Wall Agreement was acknowlm Ee�V, by MR '� : , the Mortgagee for Unit 2 on this � day of 2 03. eT" Notary Publi My Commission Expires: �'l emu/ MORGM WL FWIER � *Commission Expires 9/12/2006 130 S. Galena St. Aspen CO 81611 (970)920-5090 (970) 920-5439, fax To: Roget From: James Lindt Fax: 544-9523 Pages: Phone: Date: 9/11 /03 Re: Condo Plat Comments CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: • ` I 1 L= i 1 1 \ SET ALUM. 1 DISK 11 1 STEEL PIN _ IN PAVE. `\ t .17" FOUND N0.4 REBAR I I '� J E ai-- CS 1---R N a . t ,r PART OF \ - ROAD DEDICATION \ Yb Ili � CERT i F I CAT I GN 1'c�t: I 1 1. DAVID W. HCBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. HERESY CERTIFY THAT THIS PUT WAS PREPARED FROM A FIELD SURVEY PERFORMED UNDER IPT SUIIERVISION IN —id"d. ZO01 AND IS, TRUE AND C:91 REGT TO THE REST OF RNDII&EDBE AND BELIEF. THIS CERTIAt CATION Is VOID UNLESS, RET STAMPED ON AN I s ORIGINAL BLUEPRINT. 111114}V,��/(/(VjV"gEii S IONED: THIS DAY OF YL DAVID R. He &IDE RLS I TAAIISWIIM Aosrr n. oeLaAA4 AAa Ym r.n ,v lulls IIPYI'AMf IRCf Ni TIN.' T RlDrNr TINt IiAAA.Yt9 YRO �n Pry RIARRRRmin Suomi . Ill r YWf, —.— INN, Plpl'ra RAM OP TI[ OSTIPNOATm-- IR7LYI. / / A LOT 14 YEL CAI 901s \ NOT DIED !� \ SET N 90.0a'a0•E OR►VEL DR I VOW 0 ELEC. SPLICE a" CURVE DELTA ANOIE iWIUS- ARC TAW* cAIORD .. OIORD aEAR11rR C1 S•21'A2- ARA.II' 7D.CS' SS. 10' 70. 52' YJ�50'OO'!' ci 6•IA',9• Aµ.;l' e0.61' SA. S]' SR.5S, 210112'OR•E, LIME SEA4i NG DISTANCE 1 2d•OI'aD'F !. W' L 2 S 00.25'00'E 6. 57' 202.50 \ _ V Ra•.3 00 E ^\ \ d7.12- \ 1\\ t \ UPPER \\ \ \ \ \ LDG A NASOMY DECK \ \ \ - DUPLF3 \ \ '0150 ADOAESI- \ \ \ \ \ LOT 13 \ \ 1 r � `WOE \ � \ \ • \ �' a 1C110 t\1 \t 1\\ \ SLED 11 9o•oo-OO-■ GRAVEL \\ d1C \ \ \ \ I, \ C C\ 1I I 1 ICI C 1 1 \ICI_.\\C\. C\/ rwlr° sED \�'� \ \F,C C C C \ C C \ 11\C 1 \C 111 1 1C \C\ \C \`C m\\11\ \\ \ 1 \ C \I CCI j1111 C1Ci1 \ 11 \ \ \ \1 \\ C C\ ADDRESS • 140• / ,i1\ 1\ \\\ \ 1\ o\ 1 1 I 1 I I I 1 1 I I I 11 1\ 1 \\ \\ I I11 ml lilli 11C\ IC 1`\1\ \ 1 C11 I1 1 11 IC`T 1\ F \ to uRu\, 1C`C CCL©� 1\/211C1 III1 111C` iCCICI C111111; 1\ CCCC\yip VOW FRAME DUPLEX / \ EASEMENT A\ . \ 1 1111 �1 I1 C 1111C�1111 W-A - 15,242 SO.FT../- \1D.3m ACRES •/• \ I 1Io1CII 11\�\ I \\1C \ \ \ �� \C\111alC1CC1C CIC\� C111 ICI \ C11C \111 ICI\ \11 \ 1 1 C \\ ADDDESS • ISO' I I I C C 11 1111 I C\ 1 1 C\\\\\ \CCCC 1 �{ \\ \ \ C 111 CI II 1111 LING C \#I pl• CCCI 11\ IIIC C\IC\1 \ \1\'1\CC IC\ \- --T- — — — — — — — • ! — — \— — 'C*11 t C L�ITt 1 C� C C C�,1 -C CC C�i� CIC �C C 1 \ \-\ 1 PARRINB ji C\ \ o' IH c 1 _ \\ \ \\ 1\\ 111t1 ltiltt\ t—t'1 SCALE I INCH - 10 Far 0 5 la- 15 - 2D LEGEND -ICI: NOTES 0 j;am SORYE8�IalaRrdlF: RERAR INTII CAP AS MOM • SPNIE 09 P-X ItirL.suavu CONTROL SUBDIVISION PLAT WAS SOLE SOURCEOFHOLEY INFORNAT I ON PITRA% carom TITLE, INg. TITLE COWITNEW PCT-14197C2 DATED 04/22/1999-BAS THE SOURCE OF,:RECORB`1HFORRIATION r -a- WOOD FENCE --N— ■IRE.FENCE . 0 UTILITY SOX .. SAS LS, OF. REMINDS IL SSM 00'f 55O.Oa' Fa= SINE N AP ILLUN-710BF T0. THB "'CORNER hB REBARI LOT 744� 'REST ASPER SUWIYIOION, -FIt INB NO. 2, HORI ZOMM CONTROL is THE S. CORNER -OF SECTION I 1954/Ts RUN BRASS CAP . r '�, ' SLOPE ANALYSIS -0 SO FT SLOPES GREATER THAN aft OP. THE EAST 510E OF THELaT SITE IMPROVEM04T-- SU& Y W I T4 TOPf ftGRAP+4Y- LOT'. t2, BLOCK. I , P•1TKIN ME$A SUBDIVIS-LDN CITY OF AsP5tt, P I TK IN 'COUNTY, . COLORAIM LOT 500 SO. FT. SLOPES GAEATER 'i4M 3oX ON :HE ]EST SIDE OF TIE LOT rREeARm sr - 5,340 SO.FT. TOTAL SLOPES GREATER THAN SOX ASPEN SURM. ENGTNEEAS-. INC . 2lO.S: iAEtiSA`4T�' . ' 4N8L:_C9CO..Stlf1'.. P.IIONE..FAII L001 lin—Mg ' TOP4 AOGED .IAN 29i 1001 lvlal W11i ll, IS01s. .. .. .. .. Sz. _ r ... rl OWN.ER'S CERTIFICATE a SITE N 0 SET ALUM. DISK W/ STEEL PIN IN PAVE. N 5. 6.g� 1 1 3. PART OF o ROAD u 1y DEDICATION N` o� 11 VICINITY MAP S51°54'E 1.2 FROM CORNER I 1 ;1 �Io^ r N TRANSFORMER °vI rn 0 z, PLAT NOTES: I. THE PURPOSE OF THIS PLAT IS TO CONDOMINIUMIZE THE PROPERTY AND THE NEW IMPROVEMENTS THEREON INTO THE KUHN DUPLEX AND HEREBY RECINDS VOIDS AND EXTINGUISHES THE FORMER AGREEMENT AS RECORDED IN BOOK 344 AT PAGE 741 OF THE PITKIN COUNTY RECORDS. 2. TRASH STORAGE WILL BE INSIDE THE GARAGE OF EACH UNIT. 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, CONDOM I N I UM PLAT OF THE KUHN DDUF''LEXI A COLORADO COMMON INTEREST CONDOMINIUM COMMUNITY SITUATED ON: LOT 12, BLOCK I, PITKIN MESA SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO LOT 13 LEGEND & NOTES 0 FOUND SURVEY MONUMENT REBAR WITH ALUM CAP 1595 OR AS NOTED B SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESSES ARE -0130, 0134, 0140 A 0144 PITKIN MESA DRIVE - WOOD FENCE WW WINDOW WELL ❑ UTILITY BOX ® ELECTRIC TRANSFORMER PITKIN COUNTY TITLE, INC. TITLE COMMITMENT PCT-14197C2 DATED 04/22/99 _ WAS THE SOURCE OF RECORD INFORMATION 0 SET CORNER NO. 4 REBAR WITH RED CAP '16129' OR YELLOW CAP -16129 WC' G.C.E. GENERAL COMMON ELEMENT BASIS OF BEARINGS IS S34.00-W 150.00' FROM THE W AP (ALUM 7168) TO THE SW CORNER (06 REBAR) LOT 44, WEST ASPEN SUBDIVISION, FILING NO. 2, HORIZONTAL CONTROL IS THE SW CORNER OF SECTION 1 1954/78 BLM BRASS CAP UNIT DIVISION LINE DIVISION LINES ARE VERTICAL SURFACES ONLY ® WATER VALVE © GAS METER ® ELEC. SERVICE A.D,U. ACCESSORY DWELLING UNIT SEE CITY OF ASPEN LAND USE CODE CURVE DELTA ANGLE RADIUS C 2 8' 14' 19- 484. 1 1 ' LINE BEARING DISTANCE L 2 S 06'25'00'E 6.67' SCALE I INCH - 10 FEET 0 5 10 15 20 ARC CHORD CHORD BEARING 69.61' 69.55' S 10'32'06-E KNOW ALL MEN BY THESE PRESENTS THAT ROGET D. KUHN AND ANDRE N. KUHN AS THE RECORD OWNERS OF LOT 12, BLOCK 1, PITKIN MESA SUBDIVISION CITY OF ASPEN PITKIN COUNTY, HAS BY THESE PRESENTS RE -PLATTED AND CONDOMINIUMIRD THE IMPROVEMENTS THEREON INTO UNITS I AND 2,AND COMMON ELEMENTS, THE KUHN DUPLEX, A COLORADO COMMON INTEREST CONDOMINIUM COMMUNITY PURSUANT TO THE PURPOSES STATED IN THE DECLARATION OF THE KUHN DUPLEX RECORDED , 2003 AS RECEPTION EXECUTED THIS _ DAY OF , 2003. ROGET D. KUHN, OWNER ANDRE N. KUHN, OWNER STATE OF COLORADO I )48 COUNTY OF PITKIN I THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2003 BY ROGET D. KUHN AND ANDRE N. KUHN AS OWNERS. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRE$: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT WELLS FARGO BANK WEST N.A. IS THE MORTGAGEE OF THE HEREIN DESCRIBED REAL PROPERTY AS EVIDENCED BY THAT DEED OF TRUST RECORDED AS RECEPTION NO. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO HEREBY CONSENTS TO THE RECORDING OF THIS PLAT. EXECUTED THIS _ DAY OF , 2003 STATE OF ) COUNTY OF ) THE FOREGOING MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2003, BY AS (TITLE) OF WELLS FARGO BANK WEST N.A., mortgagee. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE INC., A TITLE COMPANY REGULARLY DOING BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY �ERTIFY THAT THE PERSON LISTED AS OWNER ON THIS PLAT HOLDS FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE MOR}GAGEE'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF AND TAGRRDITLE NTTHATNPIITKIINOCOUNTYITITLENOR INC.GUNEAITHER ASSUME$ NTEE OF NORNWILL BE CHARGEDIT IS OOD WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. VINCE HIOENS DATED: 2003, PITKIN COUNTY TITLE, INC. 620 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 2003 BY VINCE HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC >_ SURVEYOR'S CERTIFICATE 1VEYAVID W. `T- WASDPERFORMEDcUNDER 'MYEDIRECTIONIANDTSUPERVISIONEOFETHEIHEREON997 ANDDESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE COMMITMENT PCT-14197CW DATED 04/22/99 2003 ARE ACCURATELY SHOWN ON THIS PLAT AND THAT THE PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION OF THE BUILDINGS 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 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SIGNED THIS _ DAY OF , 2003. SHEET I OF I DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA ST. ASPEN, CO. 81611 COMMUNITY DEVELOPMENT ENGINEER S APPROVAL THIS CONDOMINIUM PLAT OF THE KUHN DUPLEX WAS REVIEWED AND APPROVED FOR RECORDING BY THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN, THIS DAY OF , 2003. JOHN NIEWOEHNER, COMMUNITY DEVELOPMENT ENGINEER COMMUNITY DEVE_OPMENT APPROVAL THIS CONDOMINIUM PLAT OF THE KUHN DUPLEX WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN ON THIS _ DAY OF , 2003. DIRECTOR, JULIE ANN WOODS 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 2003 IN PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER, SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS, 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 E-MAIL davMsoipaninio,com job no. 291338 AUGUST 15, 2003 INC. 0 •