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HomeMy WebLinkAboutLanduse Case.AP.1195 E Cooper Ave.A035-87pR. Loop Conpos 2�3f-IF1-3���z ;, In ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street 7 Aspen, Colorado 81611 (303) 925-2020 �S LAND USE APPLICATION FEES City 00113 -63721 - 47331 - 63722 - 47332 - 63723 - 47333 - 63724 - 47341 - 63725 - 47342 - 63726 - 47343 - 63727 - 47350 - 63728 - 47360 REFERRAL FEES. 00125 63730 47380 00123 63730 47380 00115 -63730 47380 County 00113 -63711 47431 - 63712 - 47432 - 63713 - 47433 - 63714 - 47441 - 63715 - 47442 - 63716 - 47443 - 63717 - 47450 - 63718 - 47460 REFERRAL FEES: 00125 -63730 -47480 00123 -63730 - 47480 00113 -63731 -47480 00113 -63732 -47480 PLANNING OFFICE SALES GMPiCONCEPTUAL GMP/PRELIMINARY GMP/FINAL SUB/CONCEPTUAL SUB/PRELIMINARY SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUB -TOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS: CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENVIRONMENTAL COORD ENGINEERING 00113 63061 - 09000 COUNTY CODE 63062 -09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000 OTHER Name. �ni��(9/ 1 11 Address: ' 13 Na7 Check # a_ Additional Billing: SUB -TOTAL SUB -TOTAL TOTAL Phone: Pro, t: i0 Date: # of Hours: 0 MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager le't� FROM: Steve Burstein, Planning Office l RE: Smuggler Loop Condominiums Plat Amendment DATE: October 6, 1987 LOCATION: 1195 E. Cooper (Highway 82), Lots 4,5, and 6 and part of Lots 7 and 8, Block 8, Riverside Addition, City of Aspen (see vicinity map attached). ZONING: R-6 APPLICANT'S REQUEST: Kent Stephens, owner of Units A and B of Smuggler Loop Condominiums, requests a plat amendment to rectify the plat for a garage/weight room structure placed on the property. BACKGROUND: On March 13, 1978 City Council approved a subdivision exemption for splitting the property with two duplex residences into two parcels and condomiumizing both duplexes. Conditions of approval were the six month minimum lease restrictions on each unit and the right of first refusal for existing tenants. PROBLEM DISCUSSION: A. REFERRAL COMMENTS: 1. Engineering Department: Chuck Roth addressed the fol- lowing concerns in a memorandum of October 6, 1987: a. The plat must be prepared in accordance with the requirements of Section 20-15 of the Municipal Code, including a number of additional items listed in his memorandum. b. An ownership and encumbrance report must be submit- ted in order to demonstrate that all the easements of record have been platted. c. The applicant must agree to participate in any improvement districts. 2. City Attorney: Paul Taddune noted that the application should be signed by the owner and not his attorney. B. PLANNING OFFICE COMMENTS: The new structure has already been constructed. The primary concern at the condominium plat amendment stage is to ensure the adequacy of the plat according to the standards of our subdivision regulations. The Planning Office notes that the new parking configuration showing one space per bedroom for the duplex should be added to the list of platting requirements in Engineering Department's memorandum. Staff also believes that because the weight room appears to have potential to become a dwelling unit, a note should be placed on the plat stating that the structure is for accessory use only. This would help clarify for any future owners what uses are allowed in this structure. We have identified no other concerns involved in this request. The Engineering Department has recommended that an agreement to join any improvement district formed affecting this property be required. This is a standard condition of approval for any subdivision activity. RECOMMENDED MOTION: "Move to grant approval of the requested subdivison exception for the purpose of amending the Smuggler Loop Condominiums Plat subject to the following conditions: 1. A plat shall be prepared in accordance with the requirements of Section 20-15 of the Municipal Code, containing all of the items listed in the October 6, 1987 Engineering Department memorandum including: certificates, signature blocks for all owners of the property, improvements, vicinity map, parking areas with numbered spaces, designation of General Common Element Areas and Limited Common Element Areas, all easements of records, current street names, and adjacent subdivisions. 2. A note shall be placed on the amended plat stating that the garage/weight room shall be used only for accessory uses and not a dwelling unit. 3. The applicant shall agree, in a form acceptable to the City Attorney, to join any improvement district formed that affects this property. This agreement shall be completed prior to signing of the Amended Plat. CITY MANAGER'S COMMENTS: sb.slc E To: From: MEMORANDUM Steve Burstein, Planning Office Chuck Roth, Assistant City Engineer 0--P, Date: October 6, 1987 Re: Smuggler Loop Condos Plat Amendment Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. A plat must be prepared in accordance with the requirements of Sec. 20-15. The plat which was submitted lacks many of the requirements: certificates, improvements, vicinity map, fences, parking areas, boundary pins found or set, and so on. The ownership of the garage is not clear, nor are the sections, elevations, floor plans of the garage clear. The street name "Chipeta" is not used. The mailing address is Highway 82. Adjacent subdivisions are not indicated. Please show the boulders adjacent to Highway 82. 2. An ownership and encumbrance report must be submitted in order to demonstrate that all the easements of record have been platted. 3. The applicant must agree to participate in any improvement districts as per current language available from the City ATtorney's office. cc: Jay Hammond, City Engineer CR/cr/caseload.15 0 LAW OFFICES OF Douglas P. Allen COURTHOUSE PLAZA BUILDING 530 EAST MAIN STREET. FIRST FLOOR ASPEN, COLORADO 8161 1 (303) 925-8800 DOUGLAS P. ALLEN DAVID B. HERRINGTON, P.C. September 22, 1987 Mr. Alan Richman, Director Aspen Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Application for technical plat ammendment, Smuggler Loop Condominiums Dear Alan: r, D R u 173- ' c. i� 5812� �i Pursuant to our phone conversation of earlier this morning, I enclose my check in the amount of $350.00 in exchange for the previous check in the amount of $624.00. As Mr. Stephens is presently out of town I will furnish you, within a week and prior to the City Council meeting, a letter from him authorizing me to submit this application which he has requested that I do submit on his behalf. It is my understanding that the hearing before City Council is scheduled for October 12, 1987. Enclosed is a copy of title commitment from Lawyers Title reflecting title in Kent Stephens as to Unit B, (the unit to be sold). I have also researched the title to Unit A and find it to also be in Kent Stephens. ery truly yours glas Allen DPA/cc Enclosures TELECOPIER #(303) 93�M 925-9398 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9 �� 8 PARCEL ID AND CASE NO. DATE COMPLETE: 2 ��- STAFF MEMBER: S PROJECT NAMEY,� Project Address: APPLICANT: Applicant REPRESENTATIVE: Representative TYPE OF APPLICATION: PAID: ES NO AMOUNT:` 1 STEP APPLICATION: P&9 MEETING DATE: 0 &k V z LL �j Qy DATE REFERRED: %-U! 2 STEP APPLICATION: CC MEETING DATE: DATE REFERRED: PUBLIC HEAIR�ING: YES NO INITIALS: PUBLIC HEARING: YES NO INITIALS: REFERRALS: ------------------------------ `-"� City Attorney Mtn. Bell School District \- City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief B1dg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D_ Other FINAL ROUTING: City Atty Other: DATE ROUTED: `/ City Engineer FILE STATUS AND LOCATION: ILW�-- IN Bldg. Dept. r. 0 CASE DISPOSITION SMUGGLER LOOK CONDOMINIUMS PLAT AMENDMENT On October 12, 1987 City Council granted approval of the request- ed subdivison exception for the purpose of amending the Smuggler Loop Condominiums Plat subject to the following conditions: 1. A plat shall be prepared in accordance with the requirements of Section 20-15 of the Municipal Code, containing all of the items listed in the October 6, 1987 Engineering Department memorandum including: certificates, signature blocks for all owners of the property, improvements, vicinity map, parking areas with numbered spaces, designation of General Common Element Areas and Limited Common Element Areas, all easements of records, current street names, and adjacent subdivisions. 2. A note shall be placed on the amended plat stating that the garage/weight room shall be used only for accessory uses and not a dwelling unit. 3. The applicant shall agree, in a form acceptable to the City Attorney, to join any improvement district formed that affects this property. This agreement shall be completed prior to signing of the Amended Plat. sb.slc2 si M LAW OFFICES OF D(D uglas P. Allen COURTHOUSE PLAZA BUILDING 530 EAST MAIN STREET, FIRST FLOOR ASPEN. COLORADO 81611 (303) 925-8800 DOUGLAS P. ALLEN DAVID B. HERRINGTON. P.C. September 17, 1987 Mayor William Stirling and Aspen City Council City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Application for technical plat amendment, Smuggler Loop Condominiums To Whom It May Concern: I' � I g 1987 This application is submitted pursuant to the Subdivision Exception process, Code Section 20-19(c) of the City Code. Mr. Kent Stephens, the owner of both Units A and B, Smuggler Loop Condominiums, obtained a building permit for the construction of a covered walkway and of an accessory structure, i.e. the garage with weight room above. Construction was completed earlier this year and a Certificate of Occupancy was obtained from the Building Department. As he owned both units it was of no consequence at that time to amend the plat. Since that time, Mr. Stephens decided to sell Unit B of the condominium. That unit is presently under contract to a local employee who is presently living in the unit and desires to close the purchase as soon as possible. In order to properly convey to the prospective purchaser the right to use one space of the two -car garage it is necessary for a plat amendment to be filed reflecting the agreed upon division of the garage space. This application is merely to formalize that desire and to properly designate the newly -constructed covered walkway as a common element for the use of both condominium owners and their guests. TELECOPIER #(303) >$:3-as 925-9398 Ob Mayor William Stirling and Aspen City Council Re: Application for technical plat amendment, Smuggler Loop Condominiums September 17, 1987 Page Two ---------------------------------------------- Thus formal request is made that City Council grant exception for this application from the standards and requirements of the subdivision process and grant approval for this amendment as the full subdivision process would be redundant, serve no public purpose and be unnecessary in relation to the land use policies of the City of Aspen under these facts and circumstances. I think it would also be appropriate for you to find that this amendment substantially complies with the design standards of the subdivision chapter of the City Code. Thank you for your consideration. Very truly yours, i Douglas P Allen DPA/pkm cc: Kent Stephens LAW OFFICES OF JU ougllas P. Allen COURTHOUSE PLAZA BUILDING 530 EAST MAIN STREET, FIRST FLOOR ASPEN, COLORADO 81611 (303) 925-8800 DOUGLAS P. ALLEN DAVID B. HERRINGTON. P.C. September 17, 1987 Mr. Steve Burstein Aspen Pitkin Planning Office 130 S. Galena Aspen, CO 81611 Re: Application for technical plat amendment, Smuggler Loop Condominiums Dear Steve: In connection with the above application I enclose the following: 1. Check in the amount of $624.00 representing the $544.00 application fee and $80.00 referral fee to the Engineering Department. 2. Five copies of letter of application. 3. Five copies of Amended Plat. This application, of course, is submitted under Subdivision Exception, Section 20-19(c) of the City Code, as the full subdivision process would be redundant, serve no public purpose and be unnecessary in relation to the land use policies of the City of Aspen under the facts of this application. This amendment does not affect anything in connection with the land use policies. The ownership of both condominium units is presently in one owner. Thus there has been no necessity in the past to amend the condominium map, but one of the units is presently under contract TELECOPIER #(303) 9959 925-9398 • Mr. Steve Burstein Re: Application for tecnical plat amendment, Smuggler Loop Condominiums September 4, 1987 Page Two --------------------------------------------- for sale scheduled to close at the end of this month. I would thus appreciate your prompt attention to this application so that it may be placed on the consent calendar of City Council as soon as possible. Thank you. Verb -truly yours, Douglas P Allen DPA/pkm Enclosures cc: Kent Stephens • Ilalr• I„ •�.:,• livpom-d 5 Whday COMMITMENT: al�.i S,•N,, 6Chaige 8 tndo,sr.infnt chi'tie 11 Cuunly Cndr 14 Cnm,n,>mnn li.•l•. n!nn 9 Total 14"w"I a 12 P,nIH•,ly typn r-1 -- 4 5 6 7 10 12 14 0 - - 0 -- -- 0 --- - - --- — N 11 13 fN-.... M,. ..,_ ...._...... M k-u-Tyers Title Insurance Corporation National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 Effective Date July 14, 1987 at 8:00 A.t1. 2 Policy or policies to be issued. (a) ® ALTA Owner's Policy --Form B-1970(Rev. 10-17-70 & Rev. 10-17-84) O ALTA Residential Title Insurance Policy-1979 Proposed insured: SANDER COHEN (b) ALTA Loan Policy, 1970 (Rev. 10-17-70 & Rev. 10-17-84) Proposed insured: LENT STEPHENS (c► Proposed insured Case No PCP-954-87 Amount $ 258.000.00_-PRQ1lU - 443.75 Amount $ _103 , (M. ()O PRII III II %� 50.00 Amount $—_ TAX CERTIFICATE 3 Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: LENT STEPHENS d The land referred to in this Commitment is described as follows: CONEKIII)`iIU 1 UNIT B, %UGGLER LOOP CMX1,aNIUM, according to the map thereof recorded in Plat Book 6 at Page 113, and as defined and described in the Condominiun Declaration thereof for Struggler Loop Condaniniun recorded in Book 348 at Page 779. CO(JNW OF PITKIN, STATE OF CO ff" o ,ier gnPd at--�5Pe- - lorado Authorized Officer or Agent Form No 91-88 !SCH A) 035-1 088- 0001 4 u;llGcrl.-1 $ 5.00 PNWn County Tide, Inc. SW F. Hopkins Aspen. Colorado 81611 Commitment No.T�95�+-87__ Schedule A —Page 1 This commitment is invalid unless the Insuring Provisions and Sched ules A and B are attached. • Lawyers Title jnsurt`-tnce Crpomtion Nritional Headquarters Richmond, Virginia SCHEDULE B—Section 1 Requirements The following are the requirements to be complied with. Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured Item (b) Proper instruments) creating the estate or interest to be insured must be executed and duly filed for record, to -wit (1) Release by the Public Trustee of the County of Pitkin of: Deed of Trust f ran PENT STEPHENS for the use of ARNOLD L. BARON and 1`M A. BARON to secure $110,000.00 dated September 10, 1986 recorded September 17, 1986 in Book 519 at Page 132 reception no. 281567 (2) Deed from to (3) Deed of trust from : SANDER COHEN to the Public Trustee of the County of Pitkin for the use of : KENr STEPHENS to secure : $108,000.00 (4) Certificate from the Condominium Association evidencing the fact that all fees and expenses currently due and payable have been paid in full and are not delinquent. (5) Certificate of Nonforeign Status, signed by LENT STEPHENS (6) Evidence satisfactory to the Cornpay that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) has been paid or exempted. This commitment is invalid unless thin Insurmq Provisions and Sched- ules A and B are attached. Form No 91.88 (B 1) 035 1-088 W01 4 Schedule B-Section 1-Page 1 -Commitment No._ PC'T 954-87 — tw P i hu*rs itlnsuranceTitle I Corpration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B—Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the some are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Reservations and exceptions as contained in United States Patent recorded June 17, 1949 in Book 175 at Page 246 as follows: the premises me be entered by the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, for the purpose of extracting and removing the ore from such vein or lode, should the sane, or any part thereof, be found to penetrate, intersect, pass through or dip into the mining ground or premises. 8. Mineral rights as reserved in Deed from A.R. Wagner, as it affects subject property recorded in Book 119 at Page 350. 9. Terms, conditions, restrictions, and obligations as set forth in Certificate of Exemption recorded May 31, 1978 in Book 348 at Page 774. 10. Terms, conditions and obligations and reservations fo Condominium Declaration for the Smuggler Loop Condominiums recorded May 31, 1978 in Book 348 at Page 779. II. EasaT)ent for utilities as granted in instnatlent recorded May 31, 1978 in Book 348 at Page 805. Exceptions numbered NM are hereby omitted. The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B—Section 1, Item (b). (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. i3� Any and all unpaid taxes, assessments and unredeemed tax sales. Schedule B—Section 2—Page 1—No. Form 91 88 B2 Rocky Mt 035 1-088-0504 Lau*rs Title Insurance Corleration National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS 1 . The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Lawyers Title Ins u a C9r"alion President Attest: Secretary. • 0 LAW OFFICES OF Douglas P. Allen COURTHOUSE PLAZA BUILDING 530 EAST MAIN STREET, FIRST FLOOR ASPEN, COLORADO 81611 (303) 925-8800 DOUGLAS P. ALLEN DAVID B. HERRINGTON. P.C. October 12, 1987 Mr. Steve Burstein Aspen Pitkin Planning Office 130 South Galena Aspen, CO 81611 Re: Smuggler Loop Condominiums Dear Steve: Enclosed is the owner's consent requested by Alan Richman in connection with the above matter, acknowledging that the application was submitted with the authority of the owner. di lly, �l Douglas Allen DPA/p m Enclosure TELECOPIER #(303) 939a 925-9398 LAW �III OFFIj��IC��ES AlFjI'I Douglas JL . Allllen COURTHOUSE PLAZA BUILDING 530 EAST MAIN STREET. FIRST FLOOR ASPEN, COLORADO 81611 (303) 925-8800 DOUGLAS P. ALLEN DAVID B. HERRINGTON, P.C. September 23, 1987 Mr. Alan Richman, Director Aspen Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Application for technical plat ammendment, Smuggler Loop Condominiums Dear Alan: By countersignature on this letter my client, Kent Stephens, the owner of units A and B Smuggler Loop Condominiums, confirms his request that I submit the application for subdivision exception relative to the plat ammendment for his newly constructed garage. ;:rdi,ily, 1 ouglas Allen AGREED: Kent I Ste DPA/Cc TELECOPIER #(303) 2200 925-9398 -p 1 -w - I-II✓MORANDUM OF OWNI✓RSFITP ACCOMMOIDATTON-NCB LTAF3=LTTY _I.'c�t- t_IZa so1c� use P1�a�;� c1:i•rc�ct corresponds:ice o f DAVE HARRINGTON, t o : MICHAEL G. VEITCH ATTORNEY AT LAW PITKIN COUNTY TITLE, INC. ASPEN, COLORADO 81611 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 D E S C R T P T T O N: CONDOMINIUM UNIT A, SMUGGLER LOOP CONDOMINIUM, according to the Map thereof recorded in Plat Book 6 at Page 113, and according to the Condominium Declaration thereof for Smuggler Loop Condominiums recorded in Book 348 at Page 779. COUNTY OF PITKIN, STATE OF COLORADO Graiztea iri the last instrument transferrirng ownership: KENT STEPHENS appareritl.y 'I'rtist dPads and mortgages apparently unreleased: DEED OF TRUST .........................BOOK 455 AT PAGE 717. ASSIGNMENT OF RENTS AND LEASES........ BOOK 455 AT PAGE 720. EXTENSION AGREEMENT ...................BOOK 522 AT PAGE 554. Liens and j -Li dginents ( agairist last graritea a p p a r a ra t 1 y urir a 1 e a s e d: NONE 'Cli.is inforinatiori is for your solo use and I�cMeF-- and is urriished as an accommodation _ 'UIzc info L ins t ion has bean takan Srorn our t 2-ac t i_iidices w=itlzout re_t trance to, or c�xaminat:ioii o:i= intrLiinc�nts whiciZ purport to �-1ffc�c-t the vC--a1 property_ The i1-1:for11-1-1atio1-1 is nc3 tlicr fuaranteed nor ce-rtifiacl, and is not an Alps tract of Title , Opinion of Title , nor a r a n t y o f T i t IL e, a n d o u r 1 i a b i 1 i t y i s itad to the amourz-t caf the fees . Date : OCTOBER 01 , 1987 , at 8 : 00 A _ M . 1Z 0 CITY OF ASPEN 130 south galena street off 1987 aspen, colora 1611 ` 303-925-� MEMORANDUM DATE: September 30, 1987 TO: Steve Burstein, Planning Office FROM: City Attorney RE: Smuggler Loop Condos Plat Amendment We have no comments on this application except to note that the application should be signed by the owner, not his attorney. PJT/mc There were no comments. SUBDIVISION EXEMPTION - C. M. C* • Ms. Smith, planning office, told Council this is an application for subdivision and exemption from PUD. The subdivision exemption will separate lots 1 2 exemption of 7 and 8 from lots 4, 5, 6, and parts of 7 and 8. This is located on�the right and parts side of the Highway 82 going east out of town. There is also a request to condominind each duplex on parcel A and B. Uml[V .. M When this was first brought to engineering, they had a number of concerns. Engineering asked the applicant to prepare maps, and this has resolved most of the concerns. The engineering department asked that the road and utility easements be shown, and the dedi- cation language on the plat showing Council acceptance be added. There has been some informathis housingtin direc or,ttein for, reviewminotermssofglowpand;moderatesbeen incomerhousind to Mark Danielson, told Council the P & Z recommended favorable and additionally found thegconMs- Smumizatic.r. met the provisions of Ordinance #53, 1977. P & Z did condition this upon six month minimum lease restriction and 90 day first right of refusal. Mark Danielson told Council that one unit has not been utilized as housing for four year s and he agrees that it should not be considered part of the PMH market. The rear parcel A is low and moderate income housing, and the option shows that it will be retainedfor a reasonable length of time. The front part of parcel A is currently being rented for $750 per month; there are four bedrooms and four* separate individuals renting it at $187 each. This rent is low income housing. However, a family paying $750 per month is above the guidelines that have been made up for the middle income bracket. Danielson said the City has to take into account the number of dependents in a family and wage earners and how much each person in the family pays per unit. John La Salle, representing C. M. Clark, told Council that Clark contracted prior to August 15, and the application for this exemption occurred on November 29. Ordinance #53 was not passed and effective until December 12. La Salle said his client had been - cooperating voluntarily with this ordinance. La Salle said he did not think it was appropriate to put guidelines on someone who got involved before the ordinance was adopted. Ms. Smith recommended approval with six month lease restriction, 90 day right of first refusal, the utilities be located or} the plat and that the plat show a new title heading including the City's acceptance. Councilman Behrendt moved to approve the subdivision exemption as outlined by Ms. Smith; seconded by Councilman Parry. All in favor, with the exception of Councilman Wishart. Motion carried. Councilman Isaac stated the Council ought to agree to set up guidelines for low and moderate income housing when not discussing an application. Councilman Parry moved to exempt this from the full PUD procedures because the purposes of PUD have been met; seconded by Councilman Van Ness. All in favor, with the exception of Councilman Wishart. Motion carried. Councilman Behrendt moved to send good luck to the Bantams, a junior hockey teaming playing in the finals in Denver; seconded by Councilman Wishart. All in favor, motion carried. CI ��-0vi+Gl WESTERN SLOPE COMMUNICATIONS � l�AO 14 l Herman Edel, representing this group with David Sontag, Mike Strang, and Mike Conviser, told Council the purpose is to try and secure a television station out of Glenwood`�'� to cover Eagle, Pitkin and Garfield counties. This is a long process and they have been working on it for 2h years. Edel said they are proceeding to the FCC with a petition. r "J Sontag told Council this has no connection with Twentieth Century Fox. Sontag said the FCC said that broadcasting is in the public interest. It is very difficult to get new allocations for television in the U.S. Sontag said they are asking Council for a resolution to recommend to the FCC, saying essentially that the Council feels a televisiom station for the three -county area would be in the public interest. This resolution does not recommend WSC. Sontag said this will be a commercial station and will have an active programming concept. Councilman Behrendt moved to direct City Attorney Nuttall to draft a resolution asking for an allocation for the tri-county area for a television channel, and to be read at th" next meeting; seconded by Councilman Parry. Councilman Wishart pointed out that some of the things mentioned in Sontag's proposal are already covered by the advertising cards, channels 11 and 13, and Grassroots. Councilman Wishart stated that Grassroots is in the process of moving to Carbondale and Possibly Basalt. What WSC is promising is networks plus better coverage of local news - Councilman Wishart said he would rather see it done through PBS than commercially- Edel said that the station they are talking about will reach areas that are not covered by cable right 11ow. Sontag said he felt this would give Grassroots another access. WSC plans to broadcast over the air, which does not require a cable. WSC will be doing local programming, and will make available time on their station to people like Grass- roots. Ms.. Harper asked how many hours they would devote to local programming and 11ow many commercial. Sontag said there are certain guidelines required by the FCC. Edvl Pointed out there is no advantage to his station to be showing the game program as another station at the same t5mp'_ .'.rJ � " au as 4120 P.X. Nlq U1 ipv sftue Mass. seesrtsr lrsytioa New .VT �.. � rye: �► _. � I�ls�EaE.. C.._21.�is._l4fsrismws ei e�r�-fry - •- '--- =y-r'� property located within the City of Aspen, County of pitkia, which location is more particularly described ass All of Lots 1, 2, 3, 4, S, 6, 7 and 8, Block S. RM WIDE ADD 00 in and to the City and Townsite of Aspen, Colorado loaczibwi by nieces and bounds as followns Beginning at the Northwest corner of said Lot 1 whence the witness corner to Corner 15 of Tract 41, East Aspen Addition bears South 86045' lest 210.38 feeti thence South 14050'49' West 130.0 feet along the westerly line of Lots 1, 7 and 8 to the Southwest corner of Lot 8J thence South 75009111" East 93.25 feet along the so,itherly line of Lot S to the Southeast corner of Lot 0 thence around a curve to the left with a radius of 794.02 feet, the chord of which curve bears North 49026' 8*'. East 143.60 feet along the Easterlyy line of Lots 8, 7 and 61 thence North Oa14' East 32.84 feet along the Easterly side of Lot 6 to the Northeast corner of Lot of thence North 75009111" weft 166.48 filet along the Northerly line of Lots 6, 5, 4, 3, 2 and 1 to the point of beginning. WHEREAS, two duplex residences presently are located on said property; and WHEREAS, C. M. CLARK has applied to the City of Aspen pursuant to the provisions of Section 2n-19(b) and Section 28-8.13 of the Municipal Code of the City of Aspen to exempt said property from the definition of the term "subdivision" and from the requirements of mandatory FUD review, respectively, so that said real property may be divieed into two separately saleable parcels, to wits Parcel A: A parcel of land being all of Lots 4, 5 and 6 and part of Lots 7 aiid 8; Block 8, Riverside Addition tc Aspen, Colorado. said parcel is more fully described as follows3 Beginning at the Northwesterly corner of Lot 41 thence 8 75009'11" E 91.48 feet along the Northerly line of Lots 4, 5 and 61 thence s 0014' W along the Masterly line of Lot 61 thence 143.79 feet along a curve to the right havinS a radius of 794.00 feet (the chord of which bears S 49026' w 143.60 feet) along the rasterly line of Lots 6, 7 and 8; thence N 75°09 11" W 18.25 feet along the Southerly line cf Lot 8 to a point of intersection with the westerly line of Lot 4 as projected ,�. � ` . ='r5R' _ '.'G .j��.:.{yli�7�' _ .�. :-«�,;w.-�y#'��.►vlyi i�::,,:.�'sr{!ii�+I�a,^.icYt+.'O�f`�.'� Vt sown • , Yllfi�r'�V the point of b6 i 69. • ;� Paroel Bs A parcel of-landbeing 7r12--at` Late -2, Tand 3 and part of Lot 7 and 8; Block 8; Riverside Addition to Aspen, Colorado. Said parcel is more fully described as follows; Beginning at t',e Northwe0terlZ corner of said Lot 1; thence S 75009111 E 75.00 feet along the North rl� line of Lots 1, ►' 2 and 3; thence S 14050 49, W, 150.00 feet along the Easterly line of said Lot 3 projected to the South line of Lot 8; thence N 750091110 W 75.00 feet along the Southerly line of Lot 8; the N 140 SG' .:'. 49• E 150.00 feet along the Westerly lino of Lots 8, 7 and 1 to the point of begin- ning. and, so the duplwme which are located on each of said separate parcels may be condonsiniumised into a total of foul- separately saleable condominium units in accordance with the condominium maps attached hereto and by this reference incorporated herein; and WHEREAS, the Aspen Planning and Zoning Commission, !?': at its meeting held February 28, 1978, recommanded that an exemption from the definition of "subdivision' and, an examp- ticn from the requirements of mandatory PUD review is appropriate under these circumstances, and recormanded that the sane be granted (subject to certain conditions); and 1i:EREAS, the Aspen City Couici 1, at its Poeting on March 13, 1978, did consider the requested exemptions and did at roe that the issuance of said exemptions wau appropriate, did grant the same subject to certain conditions. THEREFORE, NOTICE IS HEREBY GIVEN that the City Council of Aspen, Colorado, does hereby determine that the proposed division of the real property owned by C. N. CLAM into two separately saleable parcels and the concurrent condo- minivacisation of the two duplexes located on said two parcels into four separately saleable condominium units is not within the intents and purposes of lhe subdivision ordinance of Chapter 20 of the Aspen Xmicipal Code and also that the proposed divi- sion meets the objectives of planned unit development and therefore grants an exemption from the definition of subdivi- sion in accordance with Section 20-19(b) of the Municipal Code of the City of Aspen and grants an exemption from the necessity of complying with the requirements of planned unit development Y in accordance with Section 28-8.13 of the Municipal Code of the r,* City of Aspen, for the purpose of creating two separately t; saleable parcels as described above and the concurrent condo- mi niusisation of the duplexes ait-uated on said parcels into four separately saleable condominium units and has granted C. M. CLARK, his transferees, successors and assigns the right to convey said parcels and units separately, if desired; PROVIOLD, '10"EVER, that the foregoing exemption is L conditioned upon the following; 2. j'% P�y' y� �.. �'i-ia tiS'.,. � „ . fin'• �;5 y�ia5t� ::,,,,�5�.. � .,.. coat' oss e l s� 1' oPtiiM t0 ri+ aM Sr unit at this PtrA�': vasftet value. in addition, each teapot be 0 -M i%� tiasi riot of iirpt rWAz to �ranah their ct Which shall commence Whq a baaa fiul de offer is piadt by a %Mrd pereoa, pad accepted by the owner. In the went that such offer is s,ade while the $0-6ey optic* is still in effect, the tenant may parch* the unit for the amount of the initial essales price or the amount of the bona fide offer, whicheer is less. (b) All units shall be restricted to six (6) month ninissm leases with no more than two (1) s,,orter tenancies per you. The conditions hereby imposed shall be doomed coven- ants running with the land add burden tie same, and be binding upon the app`icant, his heirs, assigns tnd successors in interest. Dated 1� Le oGanua��, pia f 1, Kathryn S. Hester, City Clark of the City...gl•, Aspen, Colorado, do hereby certify that the foregq&_41 Lion from the definition of subdivision was grantlsd'3.Y� . Aspen City Council at its regular meeting held daryh }>'►,;1�.78. Xathryn Hau er STAT! OF CO,OINDO ) County of litkin ) ss• forego in� was acknowledged before me this y da of lf7p, by Stacy Standley, III and ]Cathryn S.Baute , r City Clark, respectively, of the City of Aspen, colorgoo. wtfNM mW hand and official seal. my comis*ion wMiress �.; c:::�;. j ; PA note 3. u .* • I A < k ;� �M9' to . 1� Ni�a , r •l.' � - �: dt 44 1 r,y4... .:.' r:'{��...:..nn• N4C L . , , tOT ♦ ! NOT .5 10 T • OF MM�rr i 20 ,limo. Mq 31, an J" ass• a�K=0e aka VAS CO DGMQMIUq 08CLR1 TIGN ATA KNOW ALL NEW BY THESE PRESENTSt wMREAS, C. M. CLAM, herel-na—Fter called' Dioluan-E"O -- -- - k'►%: is the owner of the following described real property situated in the City of Aspen, County of Pitkin, State of Colorado, to-wi t t A parcel of land being all of Lots 1, 5 and an 6 and part of Lots 7 d tt Block 8, River- side Addition to Aspen, Colorado. Said parcel is wore fully described as follows: Beginning at the Northwesterly corner of Lot F' 0 thence S 75009'11" E 91.68 feet along the Northerly line of Lots 4, S and 61 thence S 0011' W along the Easterly line of Lot 61 thence 143.79 feet along a curve to the right having a radius of 794.00 feet (the chord of which bears S 49026' W 143.60 feet) along the Easterly7 line of Lots 6, 7 and 8t thence N 75009111" W 18.25 feet along the Southerly • line of Lot 8 to a point of intersection with > the Westerly line of Lot 4 as projected ' Southerly# thence N 14050149" E 150.00 feet h along said projected line to the point of beginning. Y. MNEREAS, the above described property is presently developed with the following iafrovements, to -wit: A two story fraas duplex house (the 'Duplex ), containing two, two bedroom, two bath apartmsntai and N'NEREAS, Declarant desires to create a condominium project on said property under the Condominium ownership Act .of the State of Colorado, and to establish thereby a plan for the ownership in fee simple of real property estates consisting of the area or space contained in each of the "Units" as here- inafter defined, and the ownership by one or more of the in.i- -; vidual and separate owners thereof, as tenants in common, of all of the remaininI real property hereinafter defined and referred to as the Common Elesrnts•. MOW, TBEREron, Declarant does hereby publish and declare that the followUW terms, covenants, conditions, ease- ments, usas, restrictions, liaitations and obligations shall be deemed to run with the land, shall be a burden upon and a tr, benefit to Declarant, Declarant'• heirs, personal representa- '-V tires, successors and assigns and any persons acquiring or owning interest in the real prpperty and improvements, their �tantee�, .1e9608, successors, heirs, executors, administrators, 44. devisees or "signs. Unless the context shall WWressly ,�. provide otherw se ilowing definitions shall apply' (a) • s" some the individual air space contained : within the ntes or surfaces of the perimeter walls, floors, t osilials, wLnows, doors and built-in fireplaces, if any, of each of the apartments located in tbs Duplex situated on the coal property described above, together with all fixtures and ?�+ improvements therein oontabwd, but not including any of the w348 w780 structural.00mpononts of h building, if any, within a Unit contained thtrein, whieb4 is art shown on the Condominium Nap and identified thereoll y the letters "A" and 'a". (b) "Condominium Unit" means a Unit together with the iindivided interests in e ommon dements appurtenant to such Unit. ---- -- - - (c) "Owner" means the person or persons or entity or entities, inc Tu�fng Declarant, who own foe simple title to a Condominium Unit. The term Owner shall not includes the owner or owners of any lesser estite or interest. (d) "Morttta e_" means any mortgase,, deed of trust, or other security instrument by which a Condominium Unit or any part thereof is encumbered. (a) "Mortgagee. means any person or entity named as the mortgagee or beneficiary under any mortgage which en- cumbers the interest of any Owner. (f) 'Condominium Ma means the Condominium Map for Smuggler Loop Condom n ums filed or to be filed in the records in the office of the Clark and Recorder of Pitkin County, Colorado. (g) "Common Elements" means: (1) all of the Real Property; (ii) the foundations, colum,:s, girders, beams, supports, main walls, roofs and crawlspaces contained in each of the building improvements which are the subject of this Declaration, and the "party wall" dividing Units A and E as shown on the Condominium Map; (iii) the installations in such buildings consisting of the equipment and materials making up the central services such as tanks, pumps, motors, fans, com- pressors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating and air conditioning and, in general, all apparatus and installations existing for corn- n use; and (iv) all other parts of the Duplex Unit and of the above described real property necessary or convenient to its exis- tence, maintenance and safety or normally in common use. (h) "General Common Elements" means all Common !laments except Limited ommon Elements, as hereinafter defined. (i) 'Limited Cossnon Elements' means any portion of the Comon Elements designated herein for the exclusive use of the Owner or Owners of a Condominium Unit or Units. The tortions of Lots 5 and 6 designated on the Con- dominium Nap, L.C.E. Unit A" are hereby designated for the exclusive use of the Owner or Owners of Unit A. The oortions of Lots 1, 7 and 8, designated on the Condominium Nap, "L.C.E. Unit as are hereby designated for the exclusive use of the Owner or owners of Unit a. (j) 'Foal Pro e t " means A parcel of land being all of Lota 1, 5 and 6 and part of Lots 7 and 8; block 8, Riverside Addttion to Aspen, Colorado. Said parcel is more fully de- scribed as follows beginning at the Northwesterly corner of Lot 0 thence 8 75009*11" E 91.18 feet along the Northerly line of Lots 4, S and 6; thence S 0014' N along the Easterly line of Lot 6; thence 143.79 feet along a curve to the right having a radius of 796.00 feet (the chord of which bears 8 49026 M 143.60 feet) along the Easterly line of Lots 6, 7 and It thence N 75009'11' M 18.2S feet along the Southerly line of Lot S to a point of intersection with the Westerlyy line of Lot 4 as pro ected Southerly; thence N 140S01190 s 1SO.00 feet along said projected line to the point of beginning. 2. -r w348 w781 (k) "A o a ' selais, the Real Property and all buildings and of r mprovel is now or'hereafter located on the Real Property, and all rights, easements and appurtenances a' belonging thereto. (1) "Ma naging Agent" means the person or entity which shall be selected and tOpOifft6d by the Owners of the Condominium Units pursuant to the provisions of Paragraph 12 of this Declaration. 2. DIVISION INTO CONDOMINIUM UNITS. The Project "�. is herebydivided into Condominium units, each consisting of a separate fee simple estate in a particular Unit and the following described appurtenant undivided fee simple interests in the Common Elementes (a) Real Property Common Elementa: Unit A 50l Unit B S01 (b) Duplex Common Elements: Unit A 50% Unit B 50% Each owner shall own his appurtenant undivided interests in ., the Common Elements as a tenant in common with the Owner or Owners also owning an interest in su^.h Common Elements. 3. INSEPARABILITY OF A UNIT. Each Unit and the un- divided interests in the Common fi ements appurtenant thereto Mall be inseparable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium unit. 4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgage, trust doe will, or other instrument may legally describe a Condominium Unit by its identifying Unit letter, followed by the words "Smuggler Loop Condominium" with further reference to the recorded Declaration and Map. Every such description shall be deemed good and sufficient for all purposes to sell, con;ruy, transfer, encumber or otherwise affect not only the Unit- but also the General Common Elements and the Limited Common Elements appurtenant thereto. Each such description shall be construed to include the right to the use of the Limited Common Elements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the amm. S. SEPARATE ASSEBSMENT AND TAX1►TIOII - NOTICE TO AssEs Dec &rants a g ve wr tten not oe to the assessor of Pitkin County, Colorado, of the creation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and taxa- tion. 6. TITLE. A Condominium Unit may be held and owned by more than one person as joint tenants or as tenants in common, or in any real property tenancy relationship recognised under the laws of Colorado. )• NOMPARTITIONABILITY OF s. The Common Elements — *Van be Owned in oa■mlon by the Owners as hereinafter provided, and there shall be no judicial or other partition of the Cmr n Elements or any part thereof, nor shall any Owner bring any action seeking partition thereof. 7. S' D rowne LI D ON ELEMENTS. Each Owner she en .ex0 us e rs p and posses- sion of his Unit. Each Owner py use the General and Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the law- ful rights of the other owners. 9. USE AND OCCUPANCY. Each Condominium Unit shall be used and occupied or res ential purposes only, and except as provided in this Paragraph, no trade or business of any kind may be carried on therein. Lease or rental of a Condo- minium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. 10. EASEMENTS FOR E2oCROACNMENTS. If any portion of the Common Elements now or Brea ter encroaches upon a Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of a Unit now or hereafter encroaches upon the Common Elements or upon an adjoining Unit, a valid easement for the encroachment and for the maintenance of ram,,, so long as it stands, shall and does exist. For title or other purposes, such encroachment and easements shall not be considered or determined to be encumbrances either on Common Elements or the Units. -.....vc.. wU .aovr perrormea or materials furnished incorporated in a Unit with the consent or at the request of the Owner thereof or his agent or his contractor or subcon- tractor shall be the basis for the filing of a lien against the Unit of any other owner not expressly consenting to or requesting the same, or against the interests in the Common 3140eants awned by such other Owners. Each owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Quit of any other Owner or against the Commn Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the Owner's Unit at suuh Owner's request. 12. Ap1I11IST1U1TI0M AND NNfAGENENT. Each owner shall manage his own t, unless the Owners of Units A and 8 agree upon the appointment of a Managing Agent to administer both such Units. Notices of Appointment of the Managing Agent by the Owners of Units A and e hereunder shall be placed of record the Manager insofar as required by law or practice. Until awned by the Owners of Units A and 1, the initial Managing Agent of such Units shall be C. M. CLAAfc. 13. 1100 FORa -e rlZPAZ ev• rs sc e right o aw aooess to each Unit from, time to time during reason- able hours as may be necessary for the inspection, maintenance, repair or replacement of any of the General Common Elements thereon Or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the General or Limited Common Elef•ntS Or to another Unit or Units. Damage to the interior of any part of a Unit resulting from maintenance, repair, emergency repair or replacement of any of the General Common Elements or as a result of emergency repairs within a Unit at the instance of another Unit owner shall be a Common sXpense of all of the owners of Units having an interest in snob General Common slsmentst provided, however, w348 w. 83 *, tl that Jtasltah ��So! the negligence of a Unit ObIW#- tinetn �Utn�t •,be responsible for all of .4 - such damage. 14. OWNERS' MAIWTEWANCE RESPONSIBILITY. For purposes of maintenance, re^~ aRIA y *hall be deemed to own �and to befires a r an Owner_ ponsialble for the exterior surfaces of such Owner's Unit and the Limited Common Elements assigned thereto, and the windows, doors, interi,)r nonsupporting walls, materials, ceilings and floors withir. the Unit. An Owner shall not be deemed tj own any utilities running through '. his Unit which serve more than one Unit except as a tenant in common with the adjoining Unit Owner. Such obligation and/or ,L right to repair, alter and remodel shall carry the obligation to replace any finishing materials removed with similar or other types or kinds of finishing materials of equal or better quality, and to maintain the Limited Common Elements in a neat and clean condition. Any material alteration, remodeling or �• refinishing of Units A or B shall require the prior mutual consent and approval of the Owners of both of said Units. An Owner shall maintain and keep the interior of his ar own Unit and the Limited Common Elements appurtenant thereto in good taste and repair, including the fixtures thereof. All �'- fixtures •rd equipment installed within the Unit commencing at a point wSore the utility lines, pipes, wires, conduits or systens (which for brevity are hereafter referred to as 'utilities') antLr the Unit shall be maintained and kept in repair by the Ownea thereof. 1S. COMPLIANC7 WITH PROVISIONS OF DECLARATION. Each Owner shall oo—spTStrictly with the provis one —ToF —this Declaration as the same may be lawfully amended from time to time. Tailure so to comply si,all be grounds for an action to recover suss due and for dam..ies or injunctive relief or both, maintainable by the Managim, Agent (where appropriate) or by an aggrieved Amer or owners. 16. ! IkTION OR AMENDMENT TG DECLARATION. This Declaration aha not a revoked nor sMaL any provi- sions herein be amended unless the Owners of both Units, and all of the holders of any recorded Mortgage or deed of trust covering or affecting any or all Condominium Units consent and agree to such revocation or amendment by instruments) which shall be duly recorded. 17.sf/f1M1R' TOIL UNITS A AND B COMMON EXPENSES. wn The Owners"of s e obligated to pay the assees=Mts ilWossrl by the Managing Agent to 66et the Common Zxpenses incurred in connection with such Units. Except for Liaited Casson slemsnta liability insurance premiums, the ""assents shall be made pro rata according to each Owner's fractional interest in and to the Duplex Ccsaon Elements. Assessments for the estimated Common lxpenses, including all insurance except the aforesaid liability, shall be due quarterly in advance on the first days of January, April, July and October. The Managing Agent or other owner incurring the oust shall prepare and deliver or mail to each Owner an itesdsed statassent showing the various estimated or actual expenses for which the asseesments are made. Contribution for quarterly assessments shall be prorated if the ownership of a Condominium unit cosssences on a day other than the first day of a oalendar quarter. Assessments for reasonable actual Cossaon Expenses S. „M ha Ivs -„ Maly. be made, the tw or an Owner incurring the sass, among o r thift” following+ Expenses of managements taxes and sped t 'asNassents, until separately assessedr fire insurance with extended coverage and vandalism and malicious mischief insurance with andor-tements attached issued in the amount of the maximum replacement value of Units A and Br casualty and -other tmsr lsndsespin7-- - - - and care of General Common Elemental common electrical, water, gas _ and *ever charges unless and until any or all of the above a -a separately matereds repairs and renovations garbage colloc- tionss wages legal and accounting feast management fees expenses and liabilities incurred by the Managing Agent or other Owner under or by reason of this Deelarationi the payment of any deficit remaining from a previous periods the creation of a reasonable contingency or other reserve or surplus fund ` as well as other costs and expenses relating to the appurten- ant Common Elements. The omission or failure of the Managing Agent to fix the assessment for any Quarter shall not be deemed a waiver, modification or a release of the subject Owners from their obligation to pay. lt. INSURANCE. One policy of public liability insur- anoe covering aTT o the General Common Elements shall be purchased and maintained in affect at all times by the Owners of all of the Condominium Units, in an amount deemed appropriate by such Owners, and the cost thereof shall be shared in accor- dance with such Owners' respective undivided interests in the Mal Property Common Elements. Fire, casualty and extended coverage insurance, on the other hand, shall be the sole respon- sibility of the Owners of Units A and 8 (or the Managing Agent as above provided) with respect to Units A and B. Insurance coverage on the furnishings, additions and improvements incor- porated into a Unit and all items of personal property belonging to an Owner, and casualty and public liability insurance cover- age within aach undivided Unit and those Limited Common Elements reserved for the exclusive use of a particular Unit Amer shall be the sole responsibility of the Owner thereof. 19. Owns' Pr.RBSAL OBLIGATION FOR PAYMENT OF S e� unt off omenon Expenses assessed against or iaourr" on account of Condominium Units A or 8 shall be the personal and individual debt of the Owner thereof. Suit to recover a Money judgment for unpaid Common Expenses shall be maintainable by the Managing Agent, or any aggrieved Owner without.foreclosure or waiving the lien securing same. No Owner may exempt himself from liability for his contribution towards the Common Expenses by Waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit. 70. �On IrhoItElIr Ot COMMON IX—PUSES. A11 sums duo or unpaid or the snare or casmon expenses chargeable to Condominium Units A or i, including intere.et thereon at eight percent per annum, shall constitute a lion on such Unit superior (prior) to all other liens and encumbrances excepts (a) Tax and special assessment lions on the Unit in favor of any assessing entityl and (b) All sass unpaid an a first mortgage or first deed of trust of record, including all unpaid obligatory sums as say, be provided by such encumbrance, including additional advances, refinance or extension of these obligations made thereon prior to the arising of such a lien. To eviderce such lien the a44sL~ Amer or Managing i. M =W w785 Agent nay, but shall to, prepare a written notice setting lur�t; ft Ot Such unpaid indebtedness, the name of the defaulting Of the Condominium Unit and a description of the Condominium Unit. Such a notice shall be signed by the aggrieved Owner or the Managing Agent, as appropriate, and may be recorded in the office of the Clark and Recorder of the County or-Pftkin, State of Colorado. Ruch lien for the Common 9xpenses shall attach from the date of the failure of payment of the debt, and may be enforced by foreclosure on the defaulting Owner's Condominium Unit by the aggrieved Owner or the Managing Agent in like manner ai a mortgage or dead of trust on real property upon recording of a notice of claim thereof. In any such foreclosure the de- faulting owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' foes. The defaulting owner shall also be required to pay to the foreclosing party a reasonable rental for the Condominium Unit during the period of foreclosure, and the foreclosing party shall be entitled to a receiver to collect the same. The foreclosing party shall have the power to bid in the Condominium Unit at foreclosure sale and to acquire and hold, lease, moit- gage and convey the same. The amount of the Cannon Expenses chargea`ile against Condominium Units A or B and the costs and expenses, including attorneys', fees, of collecting the same s,iall also be a debt of the Owner thereof at the time the same is due. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same. Any encumbrancer holding a lien on Condominium Units A o: R may pay any unpaid Commo:. Expense payable with respect to such Unit, and upon such payment such encumbrancer shall have a lien on such Unit for the amounts paid of the same priority as thu lien of his encumbrance. 21. IdulkITY FOR COICION EXPE'l UPON TRANSFER OF rTXI UN Upon payment o a rwasona a se not to • tan o ors and upon the written request of any Owner or any Mortgage* or prospective Mortgagee of Condominium Units A or fl, the Managing Agent or the Owner of the other Duplex Unit shall issue a written statement setting forth the amount Of tM unpaid Cosmron expenses, if any, with respect to the subject Unit, the amount of the current Quarterly assessment and the date such assessment becomes due, credit for advance paynents or for prepaid items, including but not limited to in- suramce premiums, which shall be conclusive upon the issuer of such statement in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebted - Ross is oosplied with within tan days, all unpaid Common sxpa►sas which become due prior to the date of making such re- quest shall be subordinate to the lion of the person requesting such statamant. The grantee of a Unit shall be jointly and sererally liable with the grantor for all unpaid assessment• against the latter for his proportionate share of the Common Expenses up to the time of the grant or OonV rance, without prejudice to the grantee`s right to recover from the grantor the amounts Paid by the grantee therefore provided, however, that upon pay - meat of a reasonable fee not to exceed ten dollars, and upon written requ•at, ar4r prospective grantee shall oo entitled to 7. k W30 MR 1�Y a statement from the. 1440t or owner of the other Duplex Malt, setts " otiNltat of the unpaid "Bass - Monts, if any, with reepe�to the evbject Unit, the amount Of the current quarterly assesament and the date that such assessment becomes due, credit for advance payments or for prepaid item, including but not limited tg_l�nsu#;nc4Lp.ISp1M@,`____ which shall be oo,.ctusivi u�►on He Heuer of such statement. Unless such request !or a statement of indebtedness shall be �.. complied with within ten days of such request, than such grantee shall not be liable for, nor shall the Unit conveyed be nubject to a lien for, any unpaid assesaMen;@ against the .. •. subject Unit. 22. 11DRTCAOINO A CL�pDOMINIUM UNIT - PRIORITY. Any Owner shall haw e r t k.?. g rom time tot to mortgage or encumber his interest by deed of trust, mortgage or other security Instrument. A first mortgage shall be one which has first and �. r... paramount priority under applicable law. The Owner of a Condominium Unit may create K' junior mortgages on the following conditions, (1) Any such junior mortgages shall ' always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for ccson expenses, and other obligations created by this Deolarationt (2) The Mortgagee under any junior mortgage • shall release, for the purpose of restoration of any i Meats upon the mortgage improve - Monts ge premises, all of his right, title and interest in and to the proceeds under all insurance policies r; w;. upon said premises which insurance policies were affected and p mood aPQ4 the mortgaged premises by the Managing Agent or other Owners. Such release shall be furnished forthwith by a junior wortgagew upon written request of the Managing Agent or Owners of the other Unit. 23. ATTOr=Y-IN-rarr Tv -saw n.... is=.evaaoaa APPotntmeat of an Attorney -in -Tact to deal with COadOmiairr Unite A and a upon their destruction, T • olusoleeoesoe. repair or :. Title to both of such Condominium Units is declared mad eapressly nude subject to the torus and conditions hereof, ` _ mad acceptance by mar gran Gee of a dead from the Declarant or from may Owner shall constitute appointment of the Attorney - la -:mot herein 1providod. All of the Unit A and 8 owners ir- reMooably 00MMI tote and appoint the Managing Agent, from *" ,. time av bN pursuant to this Declaration, their true mad attorney in their name, place and stead for the Purpose of dealing with the property -upon its destruction, re- ppair or obsolescence as is hereafter provided. said Attorn may- in-rsat shall have full and Poor to woks, aaeoute and deliver anooatract, do" oor anyd other lnstrumsat with respect to the interest of a Condominium Unit umser which are 0600seary or a to the exercise rrand ;{ ' of the Powers beraln Brasted. Repair sae eoonstruction of reconstruction the improvements as reed in e the sruceediag subparagraphs'. Dom" r""Z'af the ion is rhumb �ovemuste to substantially the same thOY axitted to s 4, prior the damage, with mood thin d ma the General and blasted Cosimon slsments appurter ant thereto baring the same Vertical and horisostal ` boundaries as before. The proceeds of any insurance collected shall be available to the AtOWner-in-Teat for the purpose of repair, restoration or rsplaoemant unless the Oweare of Usits A and s end all first mortgagees thereon agree not to rebuild in aooeledance with the Provisions set forth hereinafter. �i {r so0o348 w787 (a) ZA CAe 41� * or descrutice due to fire or othez Qua*her . prooeeds, it sufficient to reconstruct the isprov ~ ta, ill be applied by the Attorneys-ir.-Tact to such reconstruction, and the improvements sha11 be promptly repaired and reconstructed. The, Attorney - in -Tact shall have full authority, right and power, as Attorney - in -Fact, to cause the repair-and-"Drorition of the Improvements. (b) If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Attorney -in -Fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the Unit A and B Owners and their Condominium Units. such da:tciency assessments shall be a Common Expense and made pro r&,.j ac- cording to each Owner's fractional interest in the, "plax Common Eleaents, and shall be due and payable within thirty days after written notice thereof. The Attorney-4n-Fact shall have the authority to caura the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt of each Owner and a lien on his Condominium Unit and may be enforced and collected as is provided in Paragraph 20. In addition thereto, the Attorney -in -Tact shall have the absolute right and power to sell the Condominium Unit of any Owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Attorney -in -Fact shall cause to be recorded a notice that the Condominium Unit of the delinquent Owner shall be sold by the Attorney -in -tact. The proceeds derived from the sale of such Condominium Unit shall be used and disbursed by the Attorney -in -Tact, in the following orders (1) For payment of the balance of the lien of any first mortgage; (2) For payment of taxes and special ansessment liens in favor of any assessing entityi (1) For payment of unpaid Common Expensesr (4) For payment of Junior liens and encu,•h- moss in the order of and to the extent of their priority; and (3) The balance reesining, It any, shall be paid to the Condominium Unit Owner. (c) The Owner of one of such Units may give notice to the other Unit Owners that Units A and B are obsolete and that the sane should be renewed or reconstructed. If both Owners agree, then the expense thereof shall be payable by both of the Owners as Comecon axpenges, provided, however, that any Owner not in agroomnt to such renewal or construction may give written notice tr the Attorney -in -Tact that such Unit shall be purchased by the Attorney -in -Tact for the fair market value thereof. If such Omer and the Attorney -in -Tact can agree on the fair market value thereof, then such sale shall be eonsuamated within thirty days thereafter. If the parties are unable to agree, the date when either party notifies the other that he or it is unable to a with the other shall be the 'eomeencing date* from which s11 periods of time mentioned herein shall be measured. Within ten days following the ryy': J`a "wWwncing data, each M ;AWL nominate in writing, and notice f give of Bach now *W the other party, an appraiser who shall be s duly quall-tied appraiser or a realtor and be qualified to Ake appraiiala of condominium and similar prop- erty in Pitkin County, Colorado. If either party fails to -, make such a nomination, the appraiser nominated shall, within five days after default by the• other appoint party, and as- sociate with hire another similarly Qualified appraiser. If the two appraisers designated by the parties, or selected pursuant hereto in the event of the default of one party, are unable to agree, they shall appoint another similarly qualified appraiser to be arbitratcr between them. The decision of the appraisers as to the fail market value shall be final and binding. The expenses and fees of such appraisers shall be borne equally by the Attorney -in -Fact and the Owner. The sale shall be consummated within fifteen days thereafter, and the Attorney -in -tact shall disburse such proceeds as is provided in subparagraph (b)(1) through (5) of this paragraph. vY ,� (d) Owners of both Units may agree that Units A and B are obsolete and that the same should be sold. Such agreement must have the unanimous apprvval of every Mortgagee. In such instance, the Attorney -in -Fact shall forthwith record a notice setting forth such fact or facts, }i and upon the re- cording of such notice by the Attorney -in --act, Condominium (� Units A and B shall be sold by the Attorney —in -Fact for both �.,. of the Owners, subject to all of the provisions contained in this Declaration and the liip- The sales proceeds shall be apportioned among the affect+d Owners on the basis of each Owner's fractional interest in the Duplex Common Elements, and .,. ,. such apportioned proceeds shall be paid into separate accounts representing each such Condominium Unit. Each such account shall be in the name Attorney . of the -in -Fact, and shall be further identified by the letter of the Unit end the nam• of the Owner. From each separate account, the Attorney -in -Fact shall use and disburse the r tot -al amount of such accounts, J- without contribution from one account to another, for the =. same purposes a..d in the same order as provided in subparagraph (b)(1) through (5) of this paragraph. "." 21. FJW-IN-FACT IN CASE OF CONDEMNATION. This Declaration herw7Y memos mandatory the irrevoc�e appoint - `yr Mont of an Attorney -in -pact to deal with the Project in the event of its complete or partial condemnation. Title to all of the Condominium Units is declared and expressly dude 'k sub- Jett to the terms and conditions hereof, and acceptance by any t` " grantee of a deed from the Declarant or from any Owner shall constitute appointment of the Attosnoy-in-Pact herein provided. Declarant hereby appoints C. M. CIARK his true and lawful attorney in his now, place and stead for the purpose of dealing with the Project upon its condemnation as is here- inafter provided. Said Attorney -in -Pact may be changed at any :tme i,y the Owners having a majority of the percentage interests in the Real Property Common Elements, suct. change only to be effective upon the recording of a notice designating. the now Attorney-is-laet under *his Pa_agraph 24 in the Pitkin County, Colorado, realAttorney-in- Fact shall have fall real records. Said complete authorization, right and per = make, execute and deliver any contract, deed or other instrument with respect to the interest of a Condominium Unit Owner which are necessary or appropriate to the exorcist I)f the powers herein granted. (a) P7A#1pq% noes of CondeaosatiM. If at any tine 10. :AM ma789 or times duringq the Oft q; the Condominiums Ownership t MA pursuant to this Deelasa or any part of the Prejact ' shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of Or in avoidance thereof, the following provisions shall apply. ..:.ter eds,---A}l-oompensstion; damages or other proceeds therefrom, the sum of which is here- inafter called the 'Condemnation Award,' shall be payable to the Attorney -in -Fact. (2) COMPleta Taking. In the event that the vw' entire Pro sot s t �:an or condemned, or sold or ?" otherwise disposed of in lieu of or in avoidance thereof, the Condominium Ownership pursuant thereto shall terminate. The Condemnation Award shall be apportioned among the Owners on the basis of each Owner's fractional interest in the Real Property . Coasson Ele ants, provided that if a standard dif- ferent fres the value of the property as a whole is employe3 to measure the Condemnation Award in ) " the negotiation, judicial decree, or otherwise, than in determining such shares the same standard shall be employed to the extant it is relevant and applicable. On the basis of the principal set forth in " the last preceding subparagraph, the Attorney -in - Fact shall as soon as practicable determine the ' share of the Condemnation Award to which each owner is entitled. Such shares shall be paid into separate accounts and disbursed as soon as practi- cable in the same manner provided in Paragraph 23(d). (3) Partial Taking. In the event that less than the ent re ro eat is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condominium ownership here- under shall not terminate. Each owner shall be entitled to a share of the Condemnation Award to be determined in the following manner: As soon as practicable the Attorney -in -Tact shall, reasonably ,r.. and in gooc faith, allocate the Condemnation Award between compensation, damages or other proceeds, and shall apportion the amounts so allocated among the Owners, as follows (a) the total amount allocated to taking of or injury to the General Coaston dements, (b) the total amount allocated to _ severance damey�• shall be apportioned to those Coodominlua Unitas which were not taken or condemned, (a) the respective amounts allocated to the taking of or injury to a particular Unit and/or improve- ments an Owner had made within his own Unit shall be apportioned to the particular Unit involved, and (d) the total amount allocated to consequential Ki dam"on and any other takings of injuries shall ' be apportioned as the Attorney -in -Fact determines to be equitable in the circumstances. If an alloca- tion of the Condemnation Award is already established in negotiation, judicial decree or othervise, then in allocating the Condemnation Award the Attorney- ia-fact shall employ ouch allocation to the extent it is relwant and applicable. Distribution of •. 11. z� J •.....••3 8 • A • 9r x.: t be disbursed as soon �tao 1 -Manner provided in Para- graph 23(d). hr. F " '. (6) Boor anisatio . In the event a partial taking results in the taking of a cospleteUnit, Y th-t Owner thereof autom ttvatty-shall-ce m to be — - - - : an Owner under this Declaration. i (S) iwoonstruction and Mte ir. Any recon- stri-ition an repair necess tata a y condemnation shall be governed by the procedures specified in Paragraph 23 hereof, in which ease such par&gyraph l�q •.' shall be construed to apply to both Condominium+ Units. 25. 941LING % LtOTICES. Each Owner shall register his nailing ad room w t�otFier Owner and all notices or dscaands intended to be served upon any Owner shall be sent by either registered or certified mail, postage prepaid, ad- dressed in the name of the Owner at such registered mailing address. All notices or demands intended to be served upon the Owners shall be given by registered or certified mail, postage prepaid, to the registered address thereof. All notices or demands to be served on Mortgagees pursuant hereto shall be sent by either registered or certified mail, postage g prepaid, addressed in the name of the Mortgages at such ad - dross as the Mortgages may have furnished to the Owners in writing. Unless the Mortgagee so furnishes such address, the {_. Mortgagee shall be entitled to receive none of the notices pprovided for in this Declaration. Any notice referred to in this Section shall be doomed given when deposited in the United States wail in the form provided for In this Section. 26. PERIOD Or CONDOMINIUM OWNERSHIP. This separate oondominium osFales create y this c aration and the Condominium Map shall containue until this Declaration is revoked in the manner and as is provided in Paragraph 16 of this Declaration or until terminated in the manner and as is provided in Paragraph 21 of this Declaration. _ 27. $MiN L1 7 (a) If mar of the provisions of this Declara- tion or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration. (b) The provisions of this Decl&ration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (a) Whenever used herein, unless the context Mall otherwise provide, the singular nusiber shall include the plural, the plural the singular, and - the use of any gender shall inclu%k all genders. '4 12. ..f --rF ark STATZ OF COLORRM Comty of PitkLn The foregoing i rtssent was acknowledged before m this &Q C day o 1978, by the Declarant, C. M. CL)W.- WITNUS my hrAd and official seal. My comission expireas FdWAIW Ik M ............ C t ........... 17 .. . .......... 7 Mprl: W 7 467 MW LC& UWT 0— PLAN it "At i-4 rr V An wupwv\ , n v♦m. mcomm T= w�- rfllillir �Rww4lvKfC[. uaaa m R.Gff♦ wp--: "C" —c. M" & v. .. .rem .:., u D..mavl mu, M", oo rftvqm\s -.wl. —m "a drIPMU. WJft w tom, AM I ftuuft" &OW GwIwo-.wK)-b I I ftuuft" &OW GwIwo-.wK)-b I I w P%GW PLCK)Q "am MGM ................... LOWT a :%ovs 0 • Ili • I._ 6hl TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE: Smuggler Loop Condos Plat Amendment DATE: September 24, 1987 Attached for your review and comments is an application submitted by Doug Allen on behalf of his client, Kent Stephens requesting a Condominiumization Plat Amendment to rectify the plat for alterations made to the duplex structure at 450 Riverside Avenue (southeast corner of the Highway 82 and Riverside Ave. inter- section). A building permit was previously obtained for the construction of a covered walkway and of a garage with weight room above; and construction is now completed. Please review this material and send :in your comments no later than October 2, 1987 in order for this office to have adequate time to prepare for its presentation before City Council. Thank you. 1 ASPE)PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, CO 81611 (303) ��9//25-2020 G Date: Dear This is to �Anform you preliminary review of,t that your application ] 0 (Ila � 4twd, We& that the Planning Office has completed its captioned application. we have determined NOT complete. Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ A. Your appl icati n, is om 1:ete and we ha e scheduled it for review by the on we will call you if we nee any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next available agenda. If you have any questions, please call the planner assigned to your case. Sincerely, ITRIN PLANNING OFFICE RE: Dear is 0 ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, 00 81611 (303) 925-2020 Date: This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS NOT complete. Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postace (one copy) Additional copies of entire application ✓ Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ 350 A. Your application is complete and we have scheduled it for review by the on We will call you if we need any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee.. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next available agenda. If you have any questions, please call the planner assigned to your case. Sincerely, ASPEN/PITRIN PLANNING OFFICE li i r 0 _: r 0 5 10 20 SCALE 1°p 10' to N75°09'II"W 18.25 CHIPETA AVE. S 75009' 11" E 91. 48' SITE PLAN L.C.E - LIMITED COMMON ELEMENT GC.E.- GENERAL COMMON ELEMENT -- Go Q�P I O v O r-r- SMUGGLER LOOP CONDOMINIUMS AMENDED PLAT AUXILIARY BUILDING FLOOR PLANS 9 SECTIO(NS I"= 5' �o x g o 6.41' i 0 \ �d -4 0 O — 6�. i i N a' X X Q to � O1 i \\ 6.42' \ :0 x v O UNIT A CEILING ELEVATIONS AT 0 : 7971.83 AT X > 7977.73` SECOND FLOOR CEILING ELEVATIONS u r--s H - 21.96,_ -� FIRST FLUOR 7977.73 _ 7971.83 --I 7962.59 j SECOND FLUUK H UNIT A UNIT 8 UNIT A OWNER'S CERTIFICATE OF OWNERSHIP AND DEDICATION Kent Stephens, being the owner of all of Condominium Unit A and Condominium Unit B, Smuggler Loop Condominium, does hereby amend that plat recorded in Plat Book 6 at Page 113 of the Map Records of Pitkin County, Colorado, as shown hereon. Signed 1.1987. Kent Stephens STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of _ — 1987 by Kent Stephens. WITNESS my hand and official seal. My commission expires: Notary Public MORTGAGEE'S CERTIFICATE We, Arnold L. Baron and Mary A. Baron, being the beneficiaries of the Deed of Trust recorded in Book 519 at Page 132 in the Office of the Clerk and Recorder of Pitkin County, Colorado, affecting the property described herein, hereby consent to and approve the filing of this amended plat for Smuggler Loop Condominium. Signed _ 1987. Arnold J. Baron Mary A. Baron STATE OF ----------- --- ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of _ 1987 by Arnold J. Baron and Mary A. Baron. WITNESS my hand and official seal. My commission expires: Notary Public SURVEYORS CERTIFICATE I, Harold W. Johnson a registered surveyor in the State of Colorado, do hereby certify that on the 31st day of July, 1987 a survey was made by me of the Smuggler Loop Condominiums and an auxiliary building was found to be located as shown on this amended plat of the Smuggler Loop Condominiums. To the best of my knowledge and belief, the amended plat accurately depicts the location and elevations of the auxiliary buildinq. Harold W. nson L. S. 9 A STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The fcreaoina surveyor's certificate was acknowledge before me this day of , 1987, by Harold w, Johnson, a registered land surveyor in the State of Colorado. witness my hand and efficial seal this -_ day of 1987. My commission expires: Notary Public My address is: CLERK AND RFCORDF.R'S ACCEPTANCF Accepted for filina in the office of the Clerk an: Recorder .of the County of Pitkin, State of Colorado, at o'clock .m., this day of 1987, in Plat Book at Page Clerk and Recorder 0 SECTION G -G 79 54.43' SECTION H-H SHEET 1 OF 2 ---- ------- -- ----- F7E [77T SECTION — — — — — — — — — — Ij UNIT A 0 'o D dl - 5-45, I- cr - --------- -- -- L)t,,)iT 13 c -4 A-J Ft rZ 5T F-UDOCR C.[-.- LIM;TED CCOMMC)t,� 5E:CoNo FLOOR '-LE VAT ON F-------- 13 UNLi7-'55 C-T"EP-\Nj-5C- N(DTF-cD CD - � 0'7F4 i 0,x, . c p 1 0 LOFT LOFT UNITS A b, 5 59CONO FL(')OQ UNITS l6k 6 P5 FIRST FLC)c-3R CRAWL SPACE 5GG-TI0N5 B-B & c-c - SECTIONS D-D 8 Q--E 2 OF c Z - I I f RASE-1 S T OI�gL�E G.0 . E . LOT 4 TOTAL_ AREA 6,b-73±S.F. FIRST AMENDMENT TO THE CONDOMINIUM MAP OF SMUGGLER COL-0 No, 8z R = 1407 LOT � li N . Oo' 14 ' E . l0 .-74 ' \ � O LdT 5 �' \ PARKIN, - (TYP-� AUXILIARY � � BUILDING � � L.C.E UN IT A \ UN IT A v v' UN IT B _OT ro c� �M n LOT -1 -� O T VICINITY MAP I"= 400I11' E tiJFM�NS AIEti E 9�4C 3 4 C --- _q '. xv ITTT /0 I r s `9E�� i o .- .1 PRELIMINARY LEGEND � Np'rE5 L.C.E, LIMITED COMMON tL_EMENT G.C. E, GEN EFZA L C or.� IM O t�l ELEt nE1�1 T O PR.OF? coRNEZR Lt S RE-F3oR w/C.op L.S. Ir.=>IZC=t To BE SET SURZ/E ; 0R PF_ 7F_D WITH F=OUiJi� Mot-4 U M N Tj {� WGOO FENCE LINE AUXILIARY BUIDI NG SCALE I"zS' l9 L.C.E UNIT B 0 O L.C.E UNIT A zz .o FIRST FLOOR NE. ELEV. SECOND FLOOR NW. ELEV. PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 925-3816 JOB NO. 16290 FIRST AMENDMENT TO THE CONDOMINIUM MAP OF SMUGGLER ESE p� No, 8 Z E�vl 1 LEGEND i� NOTES L.C.E, LIMITED COMMON ELEMENT O 10 20 G .0 . E, C- JJ ERA L c G�rv�l�/I O t�l ELEMETJ T Lt S RE-ana,R w / jqp� � O PROP CoR)�l ER �`D L= q6 �Z, L.S. I�IZ�t TO BE SET f 1�.45F-I S 1 OF-?, 4 G.G. E , LOT 4 OT 7 PRELIMINARY N, Oe 14' E 10.774 C SURvE1 OFZIENTED 4ITN FOUND r kN N 71�j -tom WaOp FENCE LINE AUXILIARY BUIDING SCALE I"=S' L.C.E UNIT B LC.0 UNIT A FIRST FLOOR NE. ELEV. SECOND FLOOR NW. ELEV. PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 925-3816 JOB NO. IA290