HomeMy WebLinkAboutcoa.lu.co.420 E Main St Galena Plaza.078.2004CODE INTERPRETATION Case 0078.2004.ASLIL,
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Conditions I Sub Permits j(eluation Public Comment
Main Routing Status I Arch/Eng i Parcels 1 Custom Fjelds I Feeji I Fee Summary I Actions I Routing History I
Permit Type iaslu Aspen Land Use 2004 Permit p O078.20114.ASLU
Address J Apt/Suke
City State F Zip F J
Permit Information
Master Permit J Routing Queue aslu Applied 11/16/2004
Project J Status 1pencling Approved F--J
Description GALENA PLAZA CONDOS CODE INTERPRETATION Issued r --J,�
Find F—
Submitted CHRIS BENDON 920-5072 Clods Ruming Days F 0 Expires 11/11/2005 El
F- Visible on the web? Permit ID 32154
0 wner
Last Name IVANN ASPEN CO 81611 &ASSOCIATES Z First Name 230 E HOPKINS AVE
Phone (970) 925.6958
fv, Owner Is Applicant?
Applicant — --- ---
Last Name J F,*tNwwl 230 E HOPKINS AVE
10'7rn ox coro ASPEN CO 81611 v
Enter the permit description
Record: 2 of 2
i
0
THE CITY OF ASPEN
City of Aspen Community Development Dept.
CASE NUMBER 0078.2004.ASLU
PARCEL ID NUMBER 9999-99-9-99-999
PROJECT ADDRESS 0
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
CHRIS BENDON
GALENA PLAZA CONDOS CODE INTERPRETATION
CHRIS BENDON 920-5072
DATE OF FINAL ACTION 11/24/20
CLOSED BY Denise Driscoll
•
ASPENIPITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
CODE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTION: 27.710.140.D.10
Commercial Core Zone District Floor
Area
EFFECTIVE DATE:
WRITTEN BY:
November 5, 2004
Chris Bendon, Long Range Planner
APPROVED Date: 11 l I fl Q—
yce Allgai r,
Interim Community Development Director
SUMMARY:
Sunny Vann requested an interpretation of the Land Use Code with respect to a
condominiumized parcel = the Galena Plaza Condominiums. The condominium plat
approved by the City contains a plat note addressing how development rights shall be
assigned to each unit of the condominium. The plat note requires the development rights of
each unit be derived from the land area of the particular unit, independent of other units and
development thereon. Therefore, the development rights associated with Unit 2, Galena
Plaza Condominiums, shall be based solely on the land area associated with Unit '2 as
depicted on the condominium plat. Development on Unit 1, which has been further divided
into Units 1 A and 1 B, shall not reduce, or otherwise affect, the development rights of Unit 2.
DISCUSSION: _
I have reviewed your request for a code interpretation regarding Unit #2 of the Galena Plaza
Condominiums dated October 25, 2004. I cannot speak to the condominium declaration
(recorded February 1994). The City did not have a role in the creation or approval of this
document, has no role in enforcing it, and is not inclined to attempt to interpret its meaning.
The condominium plat recorded February 1994 created Units 1 and 2 of the Galena Plaza
Condominiums. Plat Note 5 of the condominium plat states:
"Units 1 and 2 shall be considered as separate parcels of property under the Aspen
Land Use Regulations for purposes of the application of the underlying CC,
Commercial Core, Zone District's dimensional, parking, and affordable housing
requirements."
This note appears to require that the development rights for each unit be derived solely from
the land area of the particular unit and not the entire property. This note also appears to
prevent the development activity on one unit from affecting the development rights of the
remaining unit.
Unit 1 was subsequently divided into Units IA and 1 B. The condominium plat creating
Units lA and 113 (recorded May 1999) only affected the ownership division of Unit 1,
splitting ownership into Units IA and 1B, and did not change the 1994 condominium plat
which originally defined Units 1 and 2.
Based on the plat note 5 of the 1994 condominium plat, the development rights to be
associated with Unit 2 of the Galena Plaza Condominiums are to be derived from the land
area of Unit 2 as if it were a separate parcel of land. Also, based on this plat note,
development of Units I or I shall not affect the development rights of Unit 2.
APPEAL OF DECISION
Pursuant to Section 26.306 of the Land Use Code, an interpretation of the Land Use Code
made by the Director may be appealed to the Aspen City Council pursuant to Section 26.316.
This can be done in conjunction with a land use request before City Council or as a separate
agenda item.
is
November 10, 2004
Sunny Vann
Vann Associates
230 East Hopkins Avenue
Aspen, CO 81611
Thomas Smith
Austin Peirce Smith
600 East Hopkins Avenue
Aspen, CO 81611
Re: Galena Plaza Code Interpretation
Dear Sunny and Thomas:
6
ASPFN / PTTKTN
COMMUNITY DEVELOPMENT DEPARTMENT
The City received a letter from Thomas Smith regarding the interpretation request submitted
by Sunny Vann. Mr. Smith's letter asks that the City delay its interpretation until Mr. Smith
has an opportunity to submit a letter to the City regarding this interpretation. Mr. Smith's
letter contemplates this letter being submitted by November 121n
The City is required to respond to a request for interpretation within 15 days of its receipt.
The deadline for issuing an interpretation on this matter is today, November 10, 2004. In
light of Mr. Smith's request to delay the interpretation, the City will not issue this
interpretation until November 12cn
Sincerely,
Chris Bendon, AICP
Senior Long -Range Planner
City of Aspen
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970,920.5090 • FAX 970.920.5439
Printed on Recycled Paper
NOV. 8.2004 12:40PM AUSTIN PEIRCE SMITH
• 0
NO, 021 P, 2
AUSTIN, PEIRCE & SMITH, P.C.
AtromeyN At Law
600 E. Hopkins Avenue
Suite 205
Aspen, Colorado 81611
Frederick F. Peirce
Thomas Fenton Smith*
Ronald D. Austin
OF COUNSEL
*Also A&dmed in Delaware
November 8, 2004
VIA FACSIMYT. E 920-5439
Mr. Chris Bendon
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re-. Galena Plaza Condominiums Code Interpretation
Dear Chris:
Telephone
(970) 925-2600
Facsimile
(970) 9Z5-47Z0
Email Addresses
fpeirCe@CpS,pC-COm
minirh@aps-pc.com
We represent the Galena Lofts Condominium Association. On Friday, I received a copy
of the October 25, 2004, code interpretation request submitted to you regarding the Galena Plaza
Condominiums by Sunny Vann,
This is to inform you that the Galena Lofts Condominiums owners object to the
interpretation regarding FAR which is contained in that letter. On behalf of the HOA, I shall be
submitting to you later this week, a letter identifying the reasons for our objections to the
interpretation contained in Mr. Vann's letter. I am respectfully requesting that you defer a
decision on this matter until you have received my letter.
Thank you for your cooperation.
FAFiles A-L\Galena Lotte. CaldweIRCnne Hendon LD(Wr 11.08.2004 0=
NOV. 8.2004 12:40PM AUSTIN PEIRCE SMITH NO.021 P. 3
• 0
AUSTIN, PEIRCE & SMIT>E-I, P.C.
Attorneys As Lai•
Chris Ben(jon. Letter
Novembcr 8, 2004
Page 2
Very truly yours,
AUSTIN, PEIRCE & SMITH., P.C.
By
Thomas Fenton Smith
TFS/dh
cc: Galena Lofts HOA
John C. Worcester, Esq.
Sunny Vann
F.Tiles A•L1Galena Lofa. Ce1dwcA\ChA5 Bendan Letter 11,09.2004.dee
•
VANN ASSOCIATES, LLC
Planning Consultants
October 25, 2004
HAND DELIVERED
Mr. Chris Bendon
Community Development Department
130 South Galena Street
Aspen, CO 81611
0Cl
B 96+2
�Mco NON D0�
FpgRT�'FNT
Re: Unit 2, Galena Plaza Condominiums Code Interpretation
Dear Chris:
Please consider this letter a request for an interpretation of Section 26.710.140.D.10,
External Floor Area Ratio, of the Aspen Land Use Regulations (the "Regulations")
as it pertains to the potential expansion or redevelopment of Unit 2 of the Galena
Plaza Condominiums. The request is submitted pursuant to Section 26.306.010 of the
Regulations by Bankers Professional Building Corporation, the owner of condominium
Unit 2.
Background
Pursuant to Ordinance No. 24, Series of 1993, the City Council granted subdivision
exemption approval for the condominiumization of the former Central Bank property
which is located at 420 East Main Street in the City of Aspen. The approval permit-
ted the division of the property, which consisted of approximately the east one-half of
Lot L and all of Lots M, N, O, P, Q, R and S, Block 86, of the Aspen Townsite,
into two condominium units and a one general common element. No division of the
property's existing structures into separate condominium units occurred in connection
with the condominiumization approval. In other words, only the land was condomini-
umized and not the structures.
As the accompanying condominium plat indicates, Unit 1 consisted of approximately
the east nineteen feet of Lot Q and all of Lots R and S. Unit 2 consisted of the east
one-half of Lot L, all of Lots M, N, O and P plus a small portion of Lot Q. The
remainder of Lot Q was designated as a general common element. The approved
condominium plat was recorded in February of 1994 in Plat Book 33 at Page 89 as
Reception No. 367203. Please note that plat note number 5 states that "Units I and 2
shall be considered as separate parcels of property under the Aspen land use regulations
230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310
0
Mr. Chris Bendon
October 25, 2004
Page 2
for purposes of the application of the underlying CC, Commercial Core, zone district's
dimensional, parking and affordable housing requirements ".
A condominium declaration for the Galena Plaza Condominiums was also recorded in
February of 1994. As the attached copy of the declaration indicates, Article 7,
Section 7.3 states that each unit owner has the right "... to create, demolish, alter,
make additions to, enlarge, construct or otherwise deal with improvements existing from
time to time on or within the boundaries of its Unit to the fullest extent permitted under
the land use regulations of the City of Aspen ". This section of the declaration further
states in part that "An owner may not apply to the local government for the right to use
more density, floor area, signage or other land use component than is allocated ... by the
applicable law and regulations to such Owner's Unit as if it were a parcel of real estate
subdivided and completely independent from the other Unit".
The original condominium plat was amended by the owner of Unit 1 with the
approval of the City's Planning Director in May of 1999. Approval by the City
Council apparently was not required due to changes in the land use regulations. As
the accompanying Condominium Subdivision Exemption Plat for the Galena Plaza
Condominiums - Amendment No. 1 indicates, Unit 1 was divided into Unit 1-A and
Unit 1-B. Unit 1-A contained a portion of the original Central Bank building while
Unit 1-13 contained a multi -family residential structure. The amended condominium
plat is recorded in Book 49 at Page 82 as Reception No. 43147. Again, the plat
contains a note (see Plat Note 7) which states that "Units 1-A and 1-B shall be consid-
ered as separate parcels of property under the Aspen Land Use Regulations for purposes
of the application of the underlying CC, Commercial Core, zone district's dimensional,
parking, and affordable housing requirements ".
A supplement to the original condominium declaration was recorded in connection
with the amended condominium plat. The extent of the supplement, however, was
generally limited to the allocation of Unit 1's interest in the general common element
between Units 1-A and 1-13 and the reservation of the two new units' right to further
subdivision (i.e., condominiumize). The original condominium declaration is
otherwise believed to remain in full force and effect.
Subsequent Land Use Approvals
Subsequent to the recordation of the amended condominium plat and supplemental
declaration, approval was apparently obtained for the renovation of the existing multi-
family residential structure located on Unit 1-13 . It is my understanding that the
existing structure was renovated with no loss in existing dwelling units or bedrooms
and with no increase in floor area. Renovation as opposed to redevelopment was
apparently undertaken to avoid triggering the City's Resident Multi -Family Replace-
Mr. Chris Bendon
October 25, 2004
Page 3
ment Program requirements. Approval was apparently also obtained to condominium-
ize the renovated dwelling units and some if not all of the units have since been sold.
While I do not know the floor area of the renovated units, it is my understanding that
the structure's floor area ratio, if calculated based on the lot area of Unit 1-B as
provided for on the recorded condominium plat, is less than that which was permitted
within the CC zone district at the time of renovation. As the CC zone district's prior
2:1 maximum floor area ratio was recently increased to 3:1 pursuant to Ordinance
No. 28a, Series of 2004, the floor area of the renovated residential units would
obviously also be less than the maximum permitted under current regulations.
With respect to Unit 1-A, it is my understanding that approval has been granted for
the development of a mixed use commercial/residential building which may contain
the Aspen Chamber Resort Association's new visitors center. Ordinance No. 4,
Series of 2004, approved a total floor area for the project of 9,598 square feet and a
floor area ratio of 1.92:1 based on Unit 1-A's lot area of approximately 5,005 square
feet. This floor area ratio is less than both the CC zone district's former 2:1 limita-
tion and the new 3:1 limitation imposed by Ordinance No. 4.
Code Interpretation
Based on the language contained in plat note 5 on the original condominium plat, note
7 on the amended plat, Section 7.3 of the original condominium declaration, and the
City's prior approval actions with respect to condominium Unit's 1-A and 1-B, the
owner of Unit 2 requests that the City formally confirm the following as provided for
in Section 26.306.010.C.3. of the Regulations.
1) That in the event of renovation, expansion and/or redevelopment of the
existing structure located on condominium Unit 2, allowable floor area will be
computed based on the Unit's lot area as depicted on the original condominium
plat and the CC zone district's floor area ratio in effect at building permit
application; and
2) That the prior land use approvals granted to Units 1-A and 1-B did not reduce
the allowable floor area permitted on Unit 2 below that which would otherwise
be allowed pursuant to paragraph 1), above. In addition, any future approvals
granted to Units 1-A and 1-B by the City will not reduce the allowable floor
area on Unit 2.
The prior condominiumization approvals effectively subdivided the former Central
Bank property into three separate parcels which are referred to as condominium Units
1-A, 1-B and 2. The condominium plats state that each of the Units is to be treated
Mr. Chris Bendon
October 25, 2004
Page 4
as if they were separate parcels of property for regulatory purposes. The condomin-
ium declaration contains similar language and the approval history of the structures on
Units 1-A and 1-B is consistent with this approach. Clearly, the intent is that the
condominium units be treated the same as subdivided parcels for purposes of deter-
mining their development potential under the dimensional requirements of the CC,
Commercial Core, zone district.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
VA1,1 ASSOCJJATES, LLC
Vann, AICP
p►v : cwv
Enclosures
cc: J. Bart Johnson, Esq.
John Keleher
Page Spracher
c:\oldc\bus\city.ltr\ltr47504.cb I
367202 3-742 P-497 02/22/94 03:40P P6 I OF I8 REC DOC
SILVIA DAVIS PiiKly OUNTY CLERK 6 RECORDER 90.00
CONDOMINIUM DECLARATION
OF
THE GALENA PLAZA CONDOMINIUMS
Name of the Common Interest Community: THE GALENA PLAZA
CONDOMINIUMS
Name of the Association: GALENA PLAZA CONDOMINIUM ASSOCIATION
Person executing the Declaration: CBI PROPERTIES, INC.
Hr.WCA241115 nvi.munM i675 Brnadway, Suite 2600. Dcnvcr, CO 30202
frcl:ui�, St. plcton. Pryor L Pascnc, P.C.
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51:)Z'!i� e-t�5 4i/ti/Q4 -3: 40F PG t)� i?
RECITALS . .
• • • ' ' ' . •
ARTICLE 1
SUBMISSION; DEFINED TERMS . • • • • • • • ,
1
f Real Estate Submission o• • •
Section 1.1. � s� � � �
1
1
Sec'�ion 1.2. Defined Terms . . . . . . . . . .
ARTICLE 2
- NAMES; DESCRIPTION OF REAL ESTATE .
2
2
Section
2.1. Names . • • • • • • • • • ' •
Interest Community• • • •
(a)
Common
(b)
Association . • • • • • • • • • '
L
Section
2.2. Real Estate . . .
ARTICLE 3
THE ASSOCIATION . . . . . . . . • • • • • •
Section
,
Auth°rity
2
2
Section
3.,• Powers . • • • • ' • ' '
2
Section
3.3. Member Groups . . • • • • • • ' ' •
3
Section
3.4. Executive Board . . • • • • • '
. .
3
Section
3.5. Notice to Owners • • • • • ' • ' • •
3
Section
3.6. Waiver of Lien Rights . • • • • • • •
3
Section
3.7. Deadlock . . . . . . . . . . . .
3
(a)
Definition. . . . . . . . . . . . . .
3
(b)
Breakinct .. Deadlock. . . . . . .
/
4
ARTICLE 4
UNITS . • • • • • • • ' ' ' ' . •
Section
4.1. Number of Units . . . . . . . .
Identification of Units . • • • • •
44
Section
4.2.
4
Section
4.3. Unit Boundaries . . . . . . . . .
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS .
4
4
Section
5.1. Common Expenses. • • • • • • ' '
Creation of Association Lien and Personal
Section
5.2.
Obligation to Pay Common Ex ense Assessments5
Section
5.3. Apportionment of Common Expenses•
Annual Assessment/Commencement of Common
Section
5.4.
5
Fxpense Assessments . • • • • • • • '
5
Section
5.5. Special Assessments . • • • • •
6
Section
5.6. Effect o= Non -Payment cf Assessments
ARTICLE 6
MAINTENANCE AND INSURANCE . ,
6
6
Section
6.1. Maintenance . • • • • • • • '
6
Section
6.2. Insurance . . . . . • • • ' ' .
IO (M\CV�11M.11\//4U11':.b 1675 Broadway, Suite 2600, Denver, CO SC_02
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I IF 13
(a) Association's Insurance. . . . . . . . . . . .
(b) Owners' Insurance. ,
(c) Waivers. • ' '
Section 6.3. Obli_ Gatlon.to Repair or RevlacP.
Section 6.4. P.estoration U on Condemnation
(a) Total Taking. • • • • • . . . . . . . •
(b)- Partial Takinci. • • •
ARTICLE 7 DEVELOPMENT RIGHTS . . . • • • . • ' ' ' .
Section 7.1. Development Rights Reserved
(a) Subdivide Units. . . . •
(b) Re-C—ni-inca Unit 2_.
elop
Section 7.2 Termination of Devment Rights.
gh
Section 7.3 Improvements Within a t.iit
PTICLE 8 RESTRICTIONS ON USE • • • • • • • ' • ' .
u
7
7
7
7
7
8
. = a
a
a
9
9
9
10
A.
Section 8.1. Nuisances and Negligence, Environmental 10
Conditions . • • • • • . 10
Structural Section 8.2. Integrity . • • • • ' ' . 10
Section 8.3. Unit 1 Use Restriction 11
Section 8.4. Enforcement . . . • • . • • ' ' '
ARTICLE 9 EASEMENTS AND LICENSES
11
Section 9.1. Recording Data • • . . . . . . 11
Section 9.2. Common Elements Easement,-.
Section 9.3. Easements for Im rovements Maintenance 11
and Utilities. . • • • • ' 12
Section 9.4. Encroachment Easements. . • • • '
u� ",..:,gin nr. rnnen irwii 1675 Broadway. Suite 2600, Denver, CO 50202
lrcland, Stapleton. Pryor L Pa5c0c, P.C.
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Of 5 I �
CONDOMINIUM DECLARATION
OF
THE GALENA PLAZA CONDOMINIUMS
INITIAL
THIS DECLARATION is made as of FES 199A :993,
by CBI Properties, Inc. with an office at 950 Seventeenth Street
Suite 1250, Denver, Colorado, 80202 ("Declarant").
RECITALS
i
A. Declarant is the owner of certain real estate in
the County of Pitkin, State of Colorado, which is more
particularly described on Exhibit A attached as a part hereof,
and
R. Declarant wishes to create a Condominium Common
Interest Community in which portions of the real estate described
'
in Exhibit A are designated for separate ownership and the
remainder of which is designated for common ownership solely by
the owners of the separate ownership portions.
r
THEREFORE, Declarant states as follows:
ARTICLE 1
SUBMISSION; DEFINED TERMS
#_
Section 1.1. Submission of Real Estate. Declarant
hereby declares that all of the real estate described in Exhibit
A is hereby made subject to the following easements,
restrictions, covenants and conditions which shall run with the
real estate and be binding on all parties having any right, title
'
or interest in the real estate or any part thereof, their heirs,
legal representatives, successors and assigns, and shall inure to
the benefit of each owner thereof. Declarant hereby submits the
real estate to the provisions of the Colorado Common Interest
Ownership Act, C.R.S. §§ 38-33.3-101, et seq., as amended from
time to time (the "Act"). In the event the Act is repealed, the
Act as existing immediately prior to its repeal shall remain
applicable.
i
Section 1.2. Defined Terms. Each capitalized term
t
not otherwise defined in this Declaration or on the Plat of The
Galena Plaza Condominiums of record (the "Plat") shall have the
meanings specified or used in the Act.
1
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ARTICLE 2
NAMES; DESCRIPTION OF REAL ESTATE
Section 2.1. Names.
(a) Common Interest Community. The name of the
Common Interest Community is The Galena Plaza Condominiums.
(b) Association. The name of the Association is
Galena Plaza Condominium Association, an unincorpo-ated
association.
Section 2.2. Real Estate. The Common Interest
scribed on
"Real Estate"),
st consists is a Condominiumal sardeiselocated solelylintthe(the
Real ..sta ) ,
County of Pitkin, State of Colorado.
ARTICLE 3
THE ASSOCIATION
Section 3.1. Authority. The business affairs of the
Condominium shall be managed by the Association.
Section 3.2. Powers. The Association shallhave
all
of the powers, authority, ed
duties, rights and benefits p
to an unincorporated association pursuant to the Act. 11hen
of the Association is required, the
approval of the members
upon the unanimous consent of its Unit 1
Association may only act
Member Group and its Unit 2 Member Group, and neither Member
Group acting alone shall have the power to act for or bind the
Association.
Section 3.3. Member Groups. The AssociaWhochll
s1e
have two (2) member groups, the Unit 1 Member Group
attached to Unit 1 and the Unit 2 Member Group which is attached
to Unit 2.If Unit 1 or Unit 2 is further subdivided into other
units as provided in Section 7.1 below, such subdivided units
together shall constitute the be
Theemer rightsrofpthe members or the tof a
Member Group, as the case may
how such members collectively act as a
Group, the rules as to
Group, and the portion of theassignedAllocated to each roftf
the subdivided
(as set forth on Exhibit B) g
units shall be determined in accordance with the terms of the
applicable amendment to this Declaration required by the Act upon
a subdivision of Unit 1 or Unit 2.
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9- P-5u: 0iN/94 07:40 o b !IF 19
Section 3.4. Executive Board. Except as otherwise
provided in this Declaration or as required by the Act, the
Association shall act through its Executive Board. The Executive
Board shall consist of two directors. The Unit 1 Member Group
and the Unit 2 Member Group shall each appoint one director. The
Executive Board may only act by unanimous decision, subject to
the terms set forth in Section 3.7 below.
Section 3.5. Notice to Owners. Any notice to an
Owner of matters affecting The Galena Plaza Condominiums by the
Association or by another Owner shall be sufficiently given if
such notice is in writing and is delivered personally, by courier
or private service delivery or the third business day after
deposit in the mails for registered or certified_ mail, return
receipt requested, at the address of racord for real property :ax
assessment notices with respect to that Owner's Unit.
Section 3.6. Waiver of Lien Rights. Declarant and
each Owner understands and intends, by use of an unincorporated
association, that the Association will not have the benefit of
lien priorities provided in the Act for incorporated
association .
Section 3.7. Deadlock.
(a) Definition. "Deadlock" thall mean a written
statement that there is a "Deadlock" made by'a member of the
Executive Board to the other member of the Executive Board after
a formal vote in which member of the Executive Board votes for or
against a proposition and the other member votes differently or
refuses to vote, concerning (i) the amount of Insurance, (ii) the
company to provide the Insurance or the budget therefor, (iii)
the required degree of Maintenance, (iv) the manner in which
Maintenance will be accomplished, including without limitation
the company to provide or manage the Maintenance, (v) the budget
for Maintenance, or (vi) the re-creation of Unit 2 as provided in
Section 7.1(b) below. In all other instances, the failure of the
Executive Board to agree shall ?nean that no decision is made.
(b) Breaking a Deadlock. In the event of a
Deadlock. the Executive Board shall take another vote on the
proposition. If that vote is not unanimous, then a decision that
resolves the Deadlock issue shall be made by a person (the
"Arbitrator") appointed for that purpose by the members of the
Executive Board, if they can so agree within five (5) business
days, or thereafter at the request of either member of the
Executive Board, by the then -current president of the Aspen Board
of Realtors. Each member of the Executive Board shall submit to
the Arbitrator a written proposal to resolve the Deadlock within
ten (10) business days after the appointment of the Arbitrator.
The Arbitrator shall have not less than five (5) years'
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experience in commercial property management, shall not be
related to or under common ownership or control with the owner(s)
good faith and using reasonable judgment
of either the Unit 1 Member Group or the Unit 2 Member rou ,
shall make a decision in g one of the
but only by selecting the entire proposal submitted by
Executive Board members, and hall allocate the costs
asftthe
proceeding to one Member Group or between them both,as
of the
Arbitrator deems fair and reasonable. If the p
Aspen Board of Realtors fails or ointeduses omke fails orcrefuses to
appointed
so app
appointment, or if the per son
ud e of the Pitkin County District
utive Board shall have the
act, then either member of the Exec
.right to petition the chief
iefjudge
g
Court to appoint such person.
Section 4.1.
the Condominium is two
reserves and is granted
Unit boundaries as set
ARTICLE 4
UNITS
Number of Units. The number of
(2). The Declarant and each Owner
rights to subdivide Units and to
forth in Section 7.2 below.
Section 4.2. Identification of Units.
identification number of each Unit is shown pn the
Exhibit B of this Declaration.
3. Lnit Boundaries. The boundaries of
shown on the Plat, subject to adjustment
7.2 below. This Condominium has only
and does not have horizontal boundaries.
Units in
adjust
Section 4
Unit are located as
provided in Section
vertical boundaries
The
Plat and
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS
each
as
Co��mon Expenses. The only Common
Section 5.1. Maintenanceas defined
Expenses of the Association are fora(a) ,
as defined in Section
in Section 6.1 below, and (b)
6.2 below.
Section 5.2. Creation of Association Lien and
Eacperso�____al Obl�ctatancetofPa deedmto itson eLTnitAsshallebesdeemed hto
owner, by accep
on
covenant and agree to pay to the Association annual incComlude
l
also include late
Expense assessment. such and assess ents may
tion charged by the
charges, attorney
Association. All Common Expense assessments shall be the
m I�,"a1 ./NoO.1 4 1675 Broadway, Suite 2600. Dcmcr. CO 50.0'_'
Ireland. St:Iplctmi. Pryor - Pascne. P.C.
9
personal obli ation of the Owner at the time
Unit the assessment _
becomes due. No Uliit Owner shall convey
and
Expense assessments
until all sums due the Association Theand not assumedCommon Expense as the
transferee are currently P on the Unit against which each such
shall be a continuing lien up
subject to the Association's right o
assessment is made and is
foreclose as provided by the Act. Acceleration of any
-, discretion on a case by case basis. _
installment of the annual Common Expense assessment shall be in
the Association's sole di
Section 5.3. A ortionment Of COT ainst themUnitsol pinsaccordance
Common Expenses shall be assessed ag
with the following allocations:
(a) Common Expense assessments for Maintenance
against the Unit 1
shall be assessed ninety-nine percent (99%) g
and one percent (1%) against the Unit 2 Member
Member Group a execution of this Declaration hereby
Group, each Owner by for itself and its successors and
irrevocably stipulating, portion of such Common
assigns, that such proportion reflects the p
m Expense benefitting each respective Unit;
ts for Insurance
(b) Common Expense assessmen
ercent (50%) against the Ullit 1 Member
shall be assessed fifty Pinst the Unit 2 Member Group.
Group and fifty percent (50% ) aga
Section 5.4. Annual AsSenas essmentseshall bent of mmon
Ex ense Assessments. The Common Expensecash
based upon the Association's advance budget of the Maintenance
it to provide Insurance an
requirements needed by ear. The Association's budget haftezbe
during such assessment y Within thirty (30) days
in adopted by the Executive BveB b first class
ref the budget to all Owners
" such adoption; the Executive Board shall- mail, Y
mail, or otherwise deliver a summarof the Owners to consider
and shall set a date for a meeting 14 nor more
ratification of the budget not less than fourteen ( )
' GO days after mailing or other delivery of the reject
_N than sixty ( ) a majority of the owners
summary• Unless at that meeting quorum is
the budget, the budget is ratif.iea, whether or not a et last
present. T.f the proposed budget is rejected, the . time as the
ratified by the owners must be contiinueednbyltst ecutive
owners ratify a subsequent budget proposed may be co_LlecLcu in such
Board. Common Expense assessmhesExecutive Board.
installments as determined by mA special
Section 5.5, S ecial Assessents• ursuant to an
assessment is any
assessment that is notlevy mo
approved budget. The re special
Association may Y
rovide, with respect to the General Common
claims or for repair or replacement, to
assessments only to P provide for
Element, for liability Insurance, or to p
the extent not covered by
lb;S [3n+:ulw;ty. Suite =G00. Drnver. CO 9020_
Irrlantl. Slaltlrh�n, I'ryur L Pascoe. P.0 .
ti
.Z>
extraordinary Maintenance, if the Executive Board so determines.
Owners shall have the right to ratify any special assessment
using the same procedures set forth above in Section 5.4 as if
the special assessment proposal were an annual budget, except to
the extent a special assessment is necessary or appropriate for
repair or replacement to the extent of an uninsured casualty or
loss by condemnation as provided by the Act (C.R.S. §§ 38-33.3
107 and 313),-except as necessary for emergency repairs, or --
except as necessary to assess against an Owner the expense caused
by such Owner's misconduct as deter. -,tined by the Executive Board.
Section 5.6. Effect of Non -Payment of Assessments.
Any assessment provided for in this Declaration, or any
installment thereof, which is not fully paid within fifteen days
after the due date thereof shall bear a late charge and interest
at the rate (not to exceed twenty-one percent (21%) per annum)
determined from time to time by the Executive Board. Further,
following ten (10) days notice in writing given to the Owner, the
Association may bring an action at law or in equity, or both,
against any Owner personally obligated to pay such overdue
assessment, or installments thereof, may accelerate the due date
for payments of all installments remaining for the budget year,
and may also proceed to foreclose its lien against such Owner's
Unit, provided that the Owner shall have the right, until the
date of sale in the foreclosure proceeding,.to cure the
delinquency upon payment to the Associationjof the amount due,
including inte::�st and costs. An action at;law or in equity by
the Association against an Owner to recover a money judgment for
unpaid assessments or installments thereof, may be commenced and
pursued by the Association without foreclosing, or in any way
waiving, the Associations's lien therefor.
ARTICLE 6
MAINTENANCE AND INSURANCE
Section 6.1. Maintenance. The Association, acting
through the Unit 1 Group Member, shall be responsible for the
maintenance and repair (including removal of snow, leaves and
debris, "Maintenance") of the General Common Elements.
Section 6.2. Insurance.
(a) Association's Insurance. The Association
shall maintain property insurance on the General Common Elements
for not less than the full insurable replacement cost thereof and
commercial general liability insurance in such minimum amounts as
the Executive Board may establish from time to time, as provided
by C.R.S. § 38-33.3-313 of the Act, the provisions of which are
llf fMC1741R5.11177400700
Irelund, Stapleton, Pryor & Pascoe, P.C.
6 1675 amadway, Suitc 2600, Dcnvcr, CO 80201
rm
:a
incorporated herein by this reference. Each such insurance
policy shall be written with an insurance company licensed to do
the business of insurance in the State of Colorado and shall have
a rating of "A" or better as shown in the published rating of AM
Best Company.
(b) Owners' Insurance. Each Owner shall maintain
such property and liability insurance with respect to its Unitas
such Owner may establish from time to time. Each Owner shall use
its best efforts to cause each insurance policy obtained by it to
provide that the insurance company waives all right of recovery
by way of subrogation against other Owners and the Association in
connection with any damage covered by any policy.
(c) Waivers. Subject to obtaining the waiver of
subrogation Endorsement required by the Act, the Owners release
each other and the Association, and their respective authorized
representatives, from any claims for damage to any person or to
the Units that are caused by or result from risks insured against
under any insurance policies carried by the Owners or the
Association and in force at the time of any such damage.
Section 6.3. Obligation to Repair or Replace. In the
event of a casualty with respect to the General Common Elements,
the Association shall repair or replace the -improvements as
necessary to restore them to their condition before the casualty
event. As provided by the Act, the proceeds of the insurance
carried by the Association shall be used for such purpose and the
Association shall be the trustee to receive the insurance awards
and cause the repair or replacement to be accomplished. If the
cost of repair or replacement exceeds the amount of insurance
proceeds, the amount necessary to effect such restoration as
determined by the Executive Board shall be a Common Expense
assessed against the Owners according to their Common Expenses
allocated interest for Maintenance; provided, however, that the
Executive Board shall reallocate such assessment between the Unit
1 and Unit 2 Member Groups to the extent that the restoration
benefits do not benefit both Units substantially proportionately
to their allocated interests. Notwithstanding the foregoing, if
the casualty was caused by the misconduct of an Owner, the amount
needed to effect the restoration after use of the Association's
and such Owner's insurance proceeds shall be assessed exclusively
against such Owner's Unit.
Section 6.4. Restoration Upon Condemnation.
(a) Total Taking. In the event of a taking of the
total Real Estate by eminent domain, each Owner shall be entitled
to receive the award of such taking for that Owner's Unit, after
all mortgages and liens on the Unit have been satisfied or
d After acceptance of the award of the
otherwise discharge .
bC rn1671n1 IS.1 I17749 U7IIU
Ireland. Stapleton. Pryor k Pascoe, P.C.
1675 Broadway, Suite 2600, Denver, CO 5020_
00
taking by the Owners and their mortgagees and lienholders, the
Owners, their mortgagees and lienholders shall be divested of all
interest in the Units and the Owners shall vacate the Units as a
result of such taking.
(b) _ Partial Taking. In the event of a partial taking
of the Real Estate by eminent domain, the Owner of any affected,
Unit or its mortgagees or lienholders, as applicable, shall be
entitled to receive the award of such taking and after acceptance
of the award of the taking by the Owner and its mortgagees and
lienholders, the Owner, its mortgagee and lienholders shall be
divested of all interest in the Unit or portion of the Unit, as
applicable, and such Owner shall vacate the Unit or said portion
thereof as a result of such taking. The remaining portion of the
Unit shall be resurveyed and, if necessary, the Declaration shall
be amended to reflect such taking. If the taking includes all or
a portion of the General Common Elements then, unless the Owners
decide not to rebuild, the remaining General Common Elements
shall be restored by the Association using the condemnation
proceeds. If the cost of restoration exceeds the amount of
condemnation proceeds, the amount necessary to effect such
restoration as determined by the Executive Board shall be a
Common Expense assessed against the Owners according to their
Common Expenses allocated interest for Maintenance; provided,
however, that the Executive Board shall reallocate such
assessment between the Unit 1 and Unit 2 Member Groups to the
extent that the restoration benefits do not benefit both Units
substantially proportionately to their allocated interests.
ARTICLE 7
N
DEVELOPMENT RIGHTS
Section 7.1. Development Rights Reserved. Declarant
hereby reserves to itself (and reserves the right to transfer to
Owners from time to time of Unit 1 and Unit 2 by execution and
recording of an instrument, executed also by such transferee,
that makes specific reference to this Declaration), the
Development Rights described in this Section 7.1. No assurances
are made regarding the boundaries of real. estate subject to the
Development Rights except as expressly provided below, and no
assurances are made regarding the order in which portions of the
real estate may be subject to the exercise of Development Rights.
No Development Rights exercised as to a portion of real estate
must be exercised as to all of the .;ii estate or other portions
thereof, except as expressly provided below.
(a) Subdivide Units. The Declarant shall have
the right to subdivide either or both Unit 1 and Unit 2;
1675 Broadway, suite 2600. Denver, CO 30202
Ireland, Stapleton, Pryor % Pascoe. P.C. 8
I
J
•
•
provided, however, that the Allocated Interests shall remain, as
between the Unit 1 Member Group and the Unit 2 Member Group, the
same as shown as on Exhibit B attached hereto, and provided that
the subdivision procedures of the Act are followed. In the
amendment to this Declaration required by the Act upon a
subdivision, the subdivider shall have the right to provide that
all or designated portions of the subdivided real estate is
subject to further subdivision pursuant to this Section 7.1(a)
(b) Re -Creating Unit 2. The Declarant shall have
the right, at such time as Unit 1 has been so redeveloped as to
eliminate the need of the Unit 1 Member Group for the easements
described below in Section 9.2 as to a portion of the Common
Elements, to re-create Unit 2 by including a!,; part of Unit 2 no
more than 95% of the land area of the Common Elements, title to
which shall vest in the then owner of Unit 2. Declarant shall
have the right, after consultation in good fai`_h with the Owner
of Unit 1, to designate the portion of the Common Elements that
shall vest as part of the title to Unit 2, provided, however,
that in no event shall more than 95% of the real estate currently
defined as Common Elements be added to Unit 2, and in no event
shall the portion of the Common Elements being added to Unit 2
include property that remains minimally necessary and reasonably
adequate for the use or enjoyment of Unit 1, including without
limitation for access and/or utility connections thereto. The
Allocated Interests in the remaining Common;Elements shall
remain, as between the Unit 1 Member Group and the Unit 2 Member
Group, the same as shown on Exhibit B attached hereto. The
procedures for the creation of Units and the exercise of
Development Rights set forth in the Act shall be followed. The
Unit 1 Member Group shall retain the non-exclusive easement set
N forth below in Section 9.2 with respect to such real estate as
remains as Common Elements. The Unit 1 Member Group shall, at
its sole xpense, promptly repair, to the reasonak-le satisfaction
of the O%Iier of Unit 2, all damage to Unit 2 resulting from the
redevelopment of Unit 1. Any repairs to bricked surfaces shall
a be with matching brick.
N
N
7.2 Termination of Development Rights. The rights
n, reserved by Declarant in this Article 7 shall expire ninety-nine
(99) years from the date of recording this Declaration unless
such rights are (a) extended as allowed by law or (b) reinstated
ti or extended by the Executive Board, subject to whatever terms,
conditions and limitations the Executive Board may impose on the
subsequent exercise of the rights reserved by Declarant.
N
7.3 Improvements Within a Unit. Each Owner has the
right, and nothing contained in this Declaration shall restrict
the right, to create, demolish, alter, make additions to,
enlarge, construct or otherwise deal with improvements existing
from time to time on or within the boundaries of its Unit to the
n[ rAX174I n5,1 H 1 MO nifX)
Ireland, Stapleton, Pryor & Pascoe, P.C. 9 1675 Drondway, SUltt 2600, Denver, CO S0202
�T
f
fullest extent permitted under the land use regulations of the
City of Aspen. Such right is not subject to any
obligation approval of the other Unit Owner or the A
obtain the consent or apP t
Executive Board or any committee thereof or created thereby.
1-create
Unit includes whatever imp,n°6wnertmay not apply to the local
signage
y floor area,
government for the right to use more den
or for which there
b the
or other land use
densityebonusaorlother°formda allowance) by
is an exemption,
d re ulations to such Owner's Unitndspenden
applicable law an g comi71etg1y-1
a pa,-Ce o rea es a e su divide
from the other ni
ARTICLE 8 'o
RESTRICTIONS ON USE ►�
Nuisances and Negligence
Section 8.1. Environmental
be no noxious or offensive activities
Conditions. There shall
carried on, in or upon any Unit or Common Element, and no loud
ious odors shall be permitted anywhere in the
shall be done in the Condominium whichmay
noises or nox
Condominium. Nothing ance or a nuisance to any other
be or become an unreasonable annoUnity The Executive Board shall
Owner or any occupant of any
right to determine if any activity,, noise or odor
have the ig ance; provided, however,
constitutes a nuisance or owner from enforcing the provisions of
a nothing shall prevent any
by bringing suit or otherwise. No Owner or occu
this Article pant
T anything to be done or kept on
of any Unit shall permit or cause
rate
chInsurance.
t in
the Condominium whichEach
which will resul
Owner shall be accountable to the enantsaor guests.
other Owner
for the uses and behavior of its tenants or g shall be
Section 8.2• Structural Integrity• Nothingshall
the
Unit or the Common E ements that
atthelother Unit or the
o- done to any of any
structural integrity rior written unanimous authorization is
Common Elements unless p
d or fret the other owner, as
obtained from the Executive Boar
appropriate.
Section 8.3• Unit 3. Use Restrict L011 No retail
however,
banking business may be conducted on Unit 1; m being used for a
revent Unit 1 from beingused
lawful
this restriction shall not i� e or servicing business or for any
mortgage brokerag
s restriction shall no longer
purposes not restricted hereby. Thifor a
bind Unit 1 in the earnt all Of l
cease to beusedt 2 sforlretcontinuous
ail banking
period of one (1) Y
business.
Ilf�01ll:\I.1111•v.1 1\7740 U'lIM1 10 1675 Broadway, Suite 1_600, Denver, CO S010'_
Ireland, Stapleton, Pryor \k Pascoe, P.C.
i
Section 8.4. Enforcement. The Association, any
member of the Executive Board and any Owner shall have the right
to enforce this Declaration and the rules and regulations of the
Association and the right to collect costs and expenses
(including without limitation attorneys' fees) incurred in any
enforcement action.
ARTICLE 9
EASEMENTS AND LICENSES
Section 9.1. Recordincr Data. All easements and
licenses to which the Condominium is presently subject are
recited in Exhibit A. In addition, the Condominium may be
subject to other easements or licenses granted by the Declarant
pursuant to this Declaraticn or on the Plat.
Section 9.2 Common Elements Easement. Each Unit
Owner has a right and easement of enjoyment in and to the Common
Elements, which shall be appurtenant to and shall pass with the
title to every Unit subject to the provisions contained herein.
Every Owner shall have a non-exclusive easement over, under and
across the Common Area to use the existing concrete walk,
stairways, retaining walls, courtyard, landscaping and utility
connections located on the Common Elements.' In the event of
future construction within a Unit, each Unit Owner shall also
have the right, after giving written notice to the members of the
Executive Board, to overdig into the Common Elements and
temporarily brace any excavation or existing foundations within a
Unit. After such temporary use, the constructing Unit Owner
shall, at its sole expense, restore and repair the Common
T Elements to the condition existing prior to such construction
N work. By undertaking work within the Common Elements, the
constructing Unit Owner agrees to defend, indemnify and hold
harmless the other. Unit and the other Unit Owners from and
against all claims arising out of or relating to such
CL construction, including without limitation for injury to persons
or property and for mechanics' and materialmen's liens.
Section 9.3. Easements for Imzirovements, Maintenance
and Utilities. Reciprocal Easements (among all Units and Common
Elements) are hereby declared to exist over and under the Real
Estate and all areas thereof for the existing electric,
telephone, water, gas, and sanitary and storm sewer lines and
facilities, exhaust, heating and air conditioning facilities,
plumbing vent pipes, cable or master television antenna lines,
dr?ir,age facilities, garbage chutes, stairs, walkways, and
landscaping, and for the repair, replacement and maintenance of
the same, as needed to service the Real Estate and/or the
� �^ 071tl 1675 Bmadwav, Suite 2600, Denver, CO S0202
Ireland, Stapleton, Pryor & Pascoe, P.C. I I
M
r�
•
•
at its sole expense
individual Units. Each Owner has the right/
business day
and after giving written notice for at least one (1)
nes and
to th
e other Owner, to relocate susuchlrelocationcshall ebewlthin is
its Unit; provided, however, tint the need of the other Owner for
accomplished without interrup eincluding the providing of
the use of such lines or fac necessary),
as such other Owner
temporary service,
specifically permits. �
Section 9.4 Encroachment Easements.
urEach
ose ofner has.
Units) for the p p errors ft
an easement over the adjoiningerrors,
accommodating any encroachment due to engineering settlement or
reconstruction, other similar cause.
in original construction, or any
shifting or movement of the building,
said
as they shall exist, and the rights said
There shall be valid easements fol.' the maintenance of ht
encroachments as g way by
however, that in
obligations of Owners shall not be altered in
the
encroachment, settlement or shifting; provided,
no event shall a valid easenento�°�wners�acInethe event eaaired o
willful misconduct of an owner
destroyed, and then r p
structure is partially
the same manner as original y E
rebuilt in substantially agree that minor encroachments over the
constructed, the Owners er
Unit shall be permitted and that there shall be valid
abutting
easements for the maintenance of said encr•.oachments so long a i
they shall exist. jNjTIAL
IN WITNESS WHEREOF,
Declaration to be executed by
the Declarant, t"is '' day
ILA
the Declarant has caused this
Daniel W. Yohanne i Ls PreS14Q t of >'
o f
CBI properties, Inc., a Colorado
corpo ati`n
Title: residgnt +
Ireland. Stapl.aon, Pry'ur Sc Pascoe, 12 1675 Broadxay. Suit,:2600. iDcnvcr. Co 30'_'0^_
Vic: '��;i•ti • . -..... -. _.. :.r
STATE OF COLORADO )
SS.
,
CITY AND COUNTY OF�DE�NVER 1944 )
INITIAL
this
The foreg ing instrument was
acknowledged before me
Daniel e Presiden
by
day of -^,c.,W.
he Declarant, CBI Properties,
Inc., aColorado
corpora tion.
of
WITNESS my hand and official
seal.
y
~,
0.
Notary Public
`
t
expires: o
My commission ex p
'ate
�
[SEAL]
4
I
367202 3-742 P-512 02122/94 03:40P Po t6 OF 13
ac.1x,c":n i u9.' pleto , 13
1675 Broadway, Suite 2600. Denver, CO S0^_02
Ireland. 5lapletonPryar �l'•, Pascoe. P.C.
EXHIBIT A
DESCRIPTION OF LAND
Lots .M, IN, 0, P, Q, R and S, and the East 1/2 of Lot L,
Block 86,'
City and-Towr.site of Aspen,
County of Pitkin, State of Colorado
Subject to no recorded easements
367202 B-742 P-513 02l22/94 03:40P P5 17 OF 118
irc (X)c»nim,A w7ao o:m
Ireland. Stapleton. Pryor L Pascoe, P.C.
I
1675 Broadway, Suite 2600, Denver, CO 30202
LA I I, �-t
EXHIBIT B
ALLOCATED INTERESTS
Unit
Percentage
ownership
Percentage
Percentage
Membership
of Common
Share of
Share of
Maintenance
Group 10.
Elements
Insurance
1
1%
50%
99%
2
9 %
50%
1%
TOTAL
100%
100.0%
100%
367202 8-742 P-514 02/22/94 03:40P F"o 18 OF 18
xt oon74,1,6.110740.02M
Ireland, Stapleton, Pryor Xc Pascoe, P.C.
I
1675 Broadway,
SEW ER
RIM7510.5
INV I T988./a
WV2 7892.2
INV3 7888-&
INy I INV
NOtvt N✓-
TO ANOTHER
TOLE
'896, 9
T INV 7857.$
3
3
2
+ 75%.4 ----
1
i
l
C"4COMINIUM PLAT foR
I
THE GALENA PLAZA CONDOMINIUMS
I
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LOCATED FE3JM CITY ELECTRICAL MAPS FE
G 211 NATURAL GA5 LINE LOCATED ONINORTHERLY G G 6 G
31DE Of ALLEY ACCOR OING TO HOLY C40`5e �7
g° HOLETl RY SEWER ����� �II ��� 06
5 MANHOLFS LOCA7Ed PER THIS SURVEY rJ + 7901.20 7901.5--}- 7901. 4�j J^' 11 ^ - 7901.77 ;1
(ALLEY WIDTH 2O.31')
I0
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7
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(RECORDED F.gS�M[7TT7
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7904.E z404.7
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7904.23 7904.32 7904.81
7904. I 7904 I 7904.55
7903.89 7103.91 790347 + t 79 .1r,
CERTIFICATECF DEDICATION 91OWNER51I 5URVEYOR'S CERTIFICATE: TITLE EXAMINER'S CERTIFICATE
N ALL MEN S( THESE PK<=5>=M5 THAT CPI MOPE�.'TIES
IT.RGA COLORAIx0 coRFiDRATIC7N, Y�EING lT-iE OWNER I,,.IAME5 F RE5ER, A REG15TERED LAND 5URVEYOR AND PRE-51DENT I, VINCENT J. HIGEN5, PREid 5iDENT CF PITKIN COUNTY TITLE, l.,
Ij.
CF TF-IE EAST HALF CP LOT L .ANP ALL OF 11OT5 CF ALPINE 5URVEY5, INC., M HEREP)Y CC�TIFY THAT I HAVE M HERE6Y CERTIFY THAT I HAVE CAUSED AN EXAMINATION
M, N, O, P, Q, R, f 5, K �, CI AND TOWN5ITE CF /45PEN, PREPARED THIS CONIX)MINIUM PLAT FCR THE GALENA PLAZA TO LE MADE GN THE REAL PROPERTY HEREIN f-E-50 IBED
CptAJTYOF PITKIN, STATE CF COLORADO, BEING THE REAL PRIDPERTI' XN-mMINIUM5; Ti-iAT THE LOCATION CF THE CUT5IDE 5a)NI,RY05,Pi(15T1% AND, l��D ON THAT EXAMINATION, C61 PROFERTIff5, INC-,
5F-OWN HE Z150N i DEE0 HEREP5Y CERTIFY THAT THI5 CONDOMINIUM STRUCTURES FACILITIES, AND C>THER f ATURE5 ARE f�GGURATELY CON5TlTUTE5 THE FEE 51MPLE OWi`1ER OF THE REAL PROPERTY
PLAT FOR THE GALENA PLAZA CONDOMINIUM5 HA5 AND 0DRRECTLY SHOWN HEREJON; THAT THE --AME AK'E E5A5ED HEREIN Off eCRI?)ED AND ahlD INTEkU- T 15 FREE A,-o CLEAR
TEN PREPARED PUR5UANT TO AND FOR THE PURf'05E5 5TATED GN FIELD 5URVEY5 PEK1=ORMED UNDER MY SUPERV15m ; THAT OF ALL LIENS AND ALTHOUGH I PELIE ✓E THE
IN THE 60NOOMINIUM DECLARATION FOR GALEN THI5 C:)Nr;0MINIUM PLAT MEET5 THE REQVIREMENT5 OF A LAND FACT5 5TATED CN THI5 PLAT ARE TRUE, THI5 CERTIFICATE IS NOT
PLAZA CONOOHINIUM5 RECORDED IN P-;OOK_AT PAGE"�7I OF THE 5URVEY PLAT A5 SET FOKPH IN CR5 36-51-IO2 AND TH15 TO i3E CON5TRUED A5 AN AS5TRACT OF TITLE, NOR AN OPIN ION
REC0i;D5 OF PITKIN COUNTY,COLCIRAE�0 AND THE UNDERSIGNED CoNmMINIUM MAP CONTAINS ALL THE INi=ORMATICN REQUIRED OF TITLE NOR A GUARANTEE GF TITLE. IT 15 UNDER5TCX)DAND
CDE0 Hf-RE6Y SUBMIT SAID REAL PROPERTY TO THE TERMS, i�Y CR5 �-33. 3- 201 OF THE CJLORAi� OJMMON INTEREST /4G9 WILL
THAT PITKIN COUNTY TITLE INC. NEITHER ASSUMES
PROVl5tON5 AND CJNDITIONS CF 5`�D MINUOMINIL)M �LAMIGN. NOR WILL DE CHARGED WITH ANY FINAL CNTAIATION OR
i�TED �t ty / �3l`t`I'� OJVNE%SNIP ACT. c LIA6ILITY Yvl•�AT�EVER GN ANY STATEMENT Gt7NTAINf�D HEREIN.
DATED: / Z a , 1993 L)1TEDI r2i b , rmI PITKINQDUNT( TIT E, Imo.
PfZt PEI E 7, INC , A
GD
CO RFLDRATION ALPINE
coLORA50 ✓EYS, INC., COW-CRATION
bY' INCENT J. A! fW5
BY: RANOW, DAIS CK P>f Di4 W Y IXU NNES/ STATE OF COLORA5.5.
jgssts w PI DEN'( COUNT( OF PITKI N
5TATfE oF. mLORApo 5 5 8 : JA . F RE5ER, PRE51 DENT
CITY ANDCOUNTY`G DENVER) T L.5. `1184 151�-ONGFCERTIF_iCATE- WA5 zACKNSWLE BORE ME
STA E OF LDRACX� ,19`i� D\( VINCIENT J. HIGEN5/
THE FOREGOING CERTIFICATION WA5 AGKNOWLEDGI=D 6EFORE ]] 5.5. PRE'SIDEMOF PITKIN 01'rT TI ,lid., A COLDP�iLLD ccRRDRATION.
ME THI5_ -OAY CF �e 0PfQ-V , 19`�. 6YDANIEL W. YOHANNE5, COUNT`( CF FIT -KIN 7
PRE51 DENT , CF CBI PP.OPERFi E5, INC., A COLORAM 0.7RR ATION. THE EGO NG crRTIEiCATE WA5 ACKNOINLEIX -D PEFORE ME yVME55 MY HAND AND OFFICfAL :S>=AL .
THI5 L3gY OF R u I99 P>Y JAME5 F iZESER,
WITNE55 Mr HAND AND CFFICIAL 5 MYQJMM1551UN pSPl1 5 R �
MY CoHmlf55ION EXPIRI=✓ to 2ESIDErJT aF ALp�IJE 5U EY5 �1J"., A CULL�Z4fX� CCJRR�RATICN- '
WITjvE55 MT HAND AND GMIGIAL .,AL.
MY CoM r115510N EXPIRES .. IT1 19 1
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IN THE DECLARATION FOR THE
3
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GALENA PLAZA CO INIUM5
AT PAGE
8 q
FffCoKDED IN �K
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FUKTrCfZ 5UDPIV13ION 51 L-L 00z;UfK
I
UN�� ALL REQU1517E LAND USE
APPROVALS ARE OBTAINED FROM THE
W
CITY OF /ASPEN.
v
2. UNIT 2 A5 51-OWN Hr!w<N AND UP
.1
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A5 SHOWN HER Ai;E %5JB-T TO
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3• THI5 CDNIDOM I NIUM HA5
• I
VERTICAL 5CUNdWIE5 ONLY
4 PJlSEMf WTS ECORD ARE
DEPICTED HEREON. SEE PITKIN
A &9
ODUNTY TITLE, INC. C'II5E 1 b. FCT-am%
I
FICIR CIPHER MATTER5 PEfZTAiNING
TO THI5
1
5. UNITS 1 t 2 5HALL BE Q7N51PENE-D
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3
UNDER THE ASPEN LAND U5E
REGULATION5 FOR PURF05E5 Ct= THE
APPLICATION CIF THE UNDERLYIjIG
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'11
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CITY COUNCIL APPROVAL:
OtDNmH I NIUM APPROVAL WA5 GRANTED Y CITY Ca-INGIL
GF THE CITY CF A5PEN THE Z* W OF
19`13 A5 ORDINANCE No. 4(- IF\
PATED , 199L IAI
v
CITY CF ASPEN 5T I�I�II�Y .�T°
L �<� IL , - 0
MA OR CITY C m
C i Y DY 1 pINE , KO VAL 5 10 20 30 40 50 FT
THI5 CONDOMINIUM PLAT WA5 AP PRO ITY
fINFER OF THE CITY OF ASPEN OF
I1�� I°I `i pp!� y°• O SALE• 1"- 10
X 1�15 OF f iFAKNG> FOL)ND MONUMENTh A5 5tVWN
PATUM PLANE- U.3.C.4'G.h iN14al MARK, 5WGC*.000RT f-Wbf 79Ctb.50
CLERIK i RECORDER15 CERTIFICATE
PLANNING DIRECTOR , TH15 a)NMHINIUM PLAT FOR THE CAL ENA
TH 15 QUNUGH I N I UM PLAT WA5 APPi D ASPEN PLAzA OIN DO M I N I U M 5 15 ACCEPTED ft0R RED D 1 NG
PLANNING DIRECTOR THlS�AY OF iN THE OFFICE CF THE CLERK f REC F' R OF PITKIN
I�q 3XINTY, CO THI5-ZZ-UAY OF
f99 IN PLAT )'OK AT P/aGE5�TH H ,
� PT!ION Tab
KING RECTOR
51L /
CLERi< iRDE
PITKIN QJUNTY, COLo Am
ALPINE SURVEYS, INC. - 5URVEYED APRIL, MAY 1111 D.M., P5., R•K.
11mm 4mm livQkl acm . p x WAI an wa:.1. , . a� DRAFZQ 7 MAY 1111 IJH E5
on In 3 ;bd�1n G' a��5 POST OFFICE BOX 1730 REVISED 22 JULY- 1`113 �PDATE wry Q/R, 5
in ac eanlR mn Imr nasNu � � YA, dsYr$S UL IMF
er ed ,
AM � ba m,,, fmm $. 9* 4 Im ,;n O,.,,, nSPEN, COLORADO 81611 5 G�TO 193 - QDNGL7
303 925 2688 15 rcr-ioTv°>r
i`t NOVEMDEiZ
24 T-n✓EMFIER I'l;
ReJI310N5
12 - 2 °13
12-7 93
TITLE, (rNMHINIUM MAP
JOB NO 93-51-2
CLIE FIELD �
f3
PLAT NOTES CONDOMINIUM SUBDIVISION' EXEMPTION PLAT FOR
1. DATE OF SURVEY WAS DECEMBER 10, 1998.
THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT AMENDS THE PLAT OF THE GALENA PLAZA CONDOMINIUMS -AMENDMENT NO. 1
THE GALENA PLAZA CONDOMINIUMS RECORDED AT BK 33/PG 89 BY
SUBDIVIDING UNIT 1, THE GALENA PLAZA CONDOMINIUMS INTO UNITS 1-A AND 1-B. (A SUBDIVISION OF UNIT 1 THE GALENA PLAZA CONDOMINIUMS INTO UNITS 1-A and 1-B)
2. BASIS OF BEARING FOR THIS SURVEY IS A BEARING OF S 75" 09'11" E
BETWEEN THE SOUTHWEST CORNER, A REBAR AND CAP LS N0. IN SECTION 7 TOWNSHIP 10 SOUTH RANGE 84 WEST OF THE 6TH P.M.,
PLACE, AND THE SOUTHEAST CORNER, A REBAR AND CAP LS NO. 0. 9184 IN > >
PLACE, OF THE GALENA PLAZA CONDOMINIUMS,
3. THIS SURVEY IS BASED ON THE RECORDED PLAT OF THE GALENA PLAZA q < < E
CONDOMINIUMS AS RECORDED IN PITKIN COUNTY CLERK AND REBAR & CAP
RECORDERS OFFICE AT BOOK 33 PAGE 89 AND CORNERS FOUND IN �� 2 O�
PLACE. ' LS #19598 (SET) �.4Q• �(
4. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, GALENA PLAZA ��' S WISE R6' A. % CONDUIT SEWER ANHOLE
COVENANTS, EASEMENTS, AND RIGHTS -OF -WAY IN PLACE OR OF RECORD \, CONDOMINUMS / / '5•4, » 0' �! SEWER MANHOLE
AS SET FORTH IN SECTION 2 OF SCHEDULE B OF THE TITLE COMMITMENT
ISSUED BY PITKIN COUNTY TITLE, CASE NO. 13858 DATED JANUARY 19, 1999 UNIT 2 ' /�� 11 E TEL. PED RIM ELEV = 7911.4
ALL EASEMENTS OF RECORD AS INDICATED ON SUCH TITLE COMMITMENT �8•
ARE SHOWN HEREON, TV PED REBAR & CAP
5. UNITS 1-A AND 1-B ARE SUBJECT TO FURTHER SUBDIVISION, AS PROVIDED / / /i /' S
IN THE SUPPLEMENT TO THE DECLARATION FOR THE GALENA PLAZA GENERAL COMMON ELEMENT /' - ,� /�/�j/� 78.5 , LS # ILLEGIBLE
CONDOMINIUMS RECORDEDVI dC At=RO i PROVIDED BETWEEN UNIT 1 AND 2) %�/;'/ • �Z j /�/�/ 0 ELECT. S
HOWEVER, NO FURTHER SUBDIVISION SHALL OCCUR UNLESS ALL REQUISITE
i , O: j/ /i/ / /S8 METER
LAND USE APPROVALS ARE OBTAINED FROM THE CITY OF ASPEN. LIMITED COMMON ELEMENT FOR UNIT 1—A ;/• O PARKING /j%jj/��//�,�•7g,i, -GAS
Rs ttcac or. tya• 431031 (BETWEEN UNITS 1--A AND 1—B)
6. THIS CONDOMINIUM HAS VERTICAL BOUNDARIES ONLY (AS DEFINED IN
C.R.S. 38-33-3-103).
7. UNITS 1-A AND 1-B SHALL BE CONSIDERED AS SEPARATE PARCELS OF
PROPERTY UNDER THE ASPEN LAND USE REGULATIONS FOR PURPOSES OF
THE APPLICATON OF THE UNDERLYING CC, COMMERCIAL CORE, ZONE
DISTRICT'S DIMENSIONAL, PARKING, AND AFFORDABLE HOUSING
REQUIREMENTS.
8. CONTROL FOR THIS SURVEY CLOSES BETTER THAN ONE PART IN TEN
THOUSAND. ACREAGE SHOWN TO PLUS OR MINUS .001 ACRES.
9. ALL REFERENCES TO RECORDED DOCUMENTS SHALL REFER TO THE REAL
ESTATE RECORDS OF PITKIN COUNTY, COLORADO.
10. IT SHALL BE THE AFFIRMATIVE OBLIGATION OF THE OWNER(S) OF UNIT
1-A TO MAINTAIN, REPAIR AND REPLACE AT ITS EXPENSE THE RETAINING
WALL LOCATED WITHIN UNIT 1-A IN SUBSTANTIALLY THE SAME CONDITION
AS EXISTING ON THE DATE HEREOF. THE OWNER(S) OF UNIT 1-B HEREBY
GRANT TO THE OWNER(S) OF UNIT 1-A A TEMPORARY LICENSE EXERCISABLE
UPON PRIOR WRITTEN NOTICE TO THE OWNER(S) OF UNIT 1-B TO ENTER
UPON UNIT 1-8 TO THE EXTENT NECESSARY TO PERFORM SUCH MAINTENANCE,
REPAIR AND REPLACEMENT TO SAID RETAINING WALL, UPON COMPLETION
OF SUCH MAINTENANCE, REPAIR AND REPLACEMENT TO SAID RETAINING
WALL, THE OWNER(S) OF UNIT 1-A SHALL RESTORE ANY DISTURBED AREAS,
TO THE FULLEST EXTENT REASONABLY POSSIBLE, TO THE CONDITIONS
EXISTING PRIOR TO SUCH MAINTENANCE, REPAIR AND REPLACEMENT.
IN THE EVENT THAT THE OWNER(S)OF UNIT 1-A FAIL TO MAINTAIN,
REPAIR AND REPLACE (AS THE CASE MAY BE) SAID RETAINING WALL AFTER
NOTICE FROM THE OWNER(S) OF UNIT 1-8 AND A REASONABLE OPPORTUNITY
TO DO SO, AND SUCH FAILURE, IN THE REASONABLE DETERMINATION OF
THE OWNER(S) OF UNIT 1-8, NEGATIVELY IMPACTS UNIT 1-B, THEN THE
OWNER(S) OF UNIT 1-A HEREBY GRANT TO THE OWNERS) OF UNIT 1-8
A TEMPORARY LICENSE TO ENTER UPON UNIT 1-A TO THE EXTENT
NECESSARY TO PERFORM SUCH MAINTENANCE, REPAIR AND/OR REPLACEMENT
TO SAID RETAINING WALL, AND ANY EXPENSES SO INCURRED SHALL
BE PAYABLE BY THE OWNER(S) OF UNIT 1-A.
UPON COMPLETION OF SUCH MAINTENANCE, REPAIR AND
REPLACEMENT TO SAID RETAINING WALL, THE OWNER(S) OF UNIT 1-B
SHALL RESTORE ANY DISTURBED AREAS, TO THE FULLEST EXTENT
REASONABLY POSSIBLE, TO THE CONDITIONS EXISTING PRIOR TO SUCH
MAINTENANCE, REPAIR AND REPLACEMENT. THE FOREGOING LICENSES
PROVIDED FOR UNDER THIS PLAT NOTE SHALL BE ASSIGNABLE BY THE
OWNER(S)M UNIT 1-A AND/OR 1-B (AS THE CA Y BE) TO THEIR
RESPECT SUCCESSORS IN TITLE AND ASSIGNS D SHALL NOT BE
TERMINABLE BY THE RESPECTIVE GRANTORS OF SAID LICENSES.
11, THE OftER(S) OF UNIT 1-A HEREBY GRANT TO THE OWNER(S) OF UNIT 1--B
A PERMANENT EASEMENT FOR LATERAL SUPPORT, BUT ONLY TO THE
EXTENTS H SUPPORT IS PROVIDED AS OF THE DATE HEREOF BY AND
THROUGH RETAINING WALL LOCATED ON UNIT&.
12. THE OWNER(S) OF UNIT 1-A HEREBY GRANT TO THE OWNER(S) OF UNIT 1-B
A PERMANENT LICENSE FOR THOSE VENTS, UTILITY AND CABLE
TELEVISION CONNECTIONS AND OTHER FEATURES EXISTING AS OF THE
DATE HEREOF AS SHOWN ON THIS PLAT ('FEATURES )TH AT ENCROACH
INTO UNIT i-A AS A RESULT OF BEING AFFIXED TO THE OUTSIDE OF THE
WESTERN WALL OF THE BUILDING CURRENTLY LOCATED WITHIN UNIT '
1-8. FURTHER, THE OWNER(S) OF UNIT 1-A HEREBY GRANT TO THE
OWNERS) OF UNIT 1-B A PERMANENT LICENSE EXERCISABLE UPON PRIOR
WRITTEN NOTICE TO THE OWNER(S) OF UNIT 1—A, TO ENTER ONTO UNIT
1-A TO CONSTRUCT, AT SOME TIME IN THE FUTURE, A RADON MITIGATION
VENT ON THE WESTERN WALL OF THE BUILDING CURRENTLY LOCATED
WITHIN UNIT 1-8, AND UPON THE CONSTRUCTION OF SAID VENT IT SHALL
BECOME A PART OF THE "FEATURES' DEFINED HEREINABOVE. FURTHER,
THE OWNER(S) OF UNIT 1-A HEREBY GRANT TO THE OWNER(S) OF UNIT 1-3
A TEMPORARY LICENSE EXERCISABLE UPON PRIOR WRITTEN NOTICE TO
THE OWNER(S) OF UNIT 1-A TO ENTER UPON UNIT 1-A TO THE EXTENT
NECESSARY TO PERFORM SUCH MAINTENANCE, REPAIR AND
REPLACEMENT TO THE FEATURES OR TO THE WESTERN WALL OF THE
BUILDING CURRENTLY LOCATED WITHIN UNIT 1-B. UPON COMPLETION OF
SUCH MAINTENANCE, REPAIR AND REPLACEMENT, THE OWNER(S) OF UNIT
1-B SHALL RESTORE ANY DISTURBED AREAS, TO THE FULLEST EXTENT
REASONABLY POSSIBLE, TO THE CONDITIONS EXISTING PRIOR TO SUCH
MAINTENANCE, REPAIR AND REPLACEMENT. IN THE EVENT OF THE
REMOVAL OF ANY OF THE FEATURES, THIS LICENSE SHALL
AUTOMATICALLY TERMINATE AS TO THE FEATURES REMOVED.
NOTWITHSTANDING THE FOREGOING, HOWEVER, IN THE EVENT THAT THE
OWNER(S) OF UNIT 1-B REPLACE ANY OF THE FEATURES WITH ITEMS OF
SUBSTANTIALLY SIMILAR SIZE DIMENSIONS, THE OWNER(S) OF UNIT 1-A
HEREBY GRANT TO THE OWNER(S) OF UNIT 1-B A PERMANENT LICENSE
FOR SUCH REPLACEMENT FEATURES, WHICH MAY BE INSTALLED BY THE
OWNER(S) OF UNIT 1-B AT LOCATION(S) TO BE REASONABLY SELECTED BY
THE OWNER(S) OF UNIT 1-B SO LONG AS SUCH INSTALLATION AND PLACEMENT
DOES NOT MATERIALLY INTERFERE WITH THE USE AND ENJOYMENT TO BE MADE
OF UNIT 1-A BY THE OWNER(S) THEREOF. THE FOREGOING LICENSES PROVIDED
FOR UNDER THIS PLAT NOTE SHALL BE ASSIGNABLE BY THE OWNER(S) OF
UNIT 1-8 TO ITS SUCCESSORS IN TITLE AND ASSIGNS, AND SHALL NOT BE
TERMINABLE BY THE GRANTOR OF SAID LICENSES.
13. THE OWNER(S) OF UNIT 1-A HEREBY GRANT TO THE OWNER(S) OF UNIT 1-B
A PERMANENT LICENSE EXERCISABLE UPON PRIOR WRITTEN NOTICE TO THE
OWNER(S) OF UNIT 1-A TO ENTER ONTO UNIT 1-A FOR THE PURPOSE OF
PERFORMING PAINTING AND/OR OTHER MAINTENANCE ON THE BUILDING
CURRENTLY LOCATED WITHIN UNIT 1-B, AND, IN CONNECTION THEREWITH, THE
OWNER(S) OF UNIT 1-8 SHALL BE PERMITTED TO CONSTRUCT AND MAINTAIN
TEMPORARY SCAFFOLDING ON UNIT 1-A, BUT ONLY TO THE EXTENT REASONABLY
NECESSARY FOR THE PERFORMANCE OF SUCH PAINTING AND/OR MAINTENANCE.
UPON COMPLETION OF SUCH PAINTING AND/OR OTHER MAINTENANCE, THE OWNER(S)
OF UNIT 1-B SHALL RESTORE ANY DISTURBED AREAS, TO THE FULLEST EXTENT
REASONABLY POSSIBLE, TO THE CONDITIONS EXISTING PRIOR TO SUCH
PAINTING AND/OR MAINTENANCE. THE FOREGOING LICENSE PROVIDED
FOR UNDER THIS PLAT NOTE SHALL BE ASSIGNABLE BY THE OWNER(S) OF
UNIT 1-8 TO ITS SUCCESSORS IN TITLE AND ASSIGNS, AND SHALL NOT BE
TERMINABLE BY THE GRANTOR OF SAID LICENSE.
14. THIS PROPERTY IS LOCATED IN THE COMMERICAL CORE ("CC") ZONE DISTRICT.
15. THE OWNER(S) OF UNIT 1-8 HAVE THE RIGHT TO USE THE DUMPSTER LOCATED
WITHIN UNIT 1-A. THE OWNER(S) OF UNIT 1-A MAY RELOCATE THE DUMPSTER
WITHIN UNIT 1-A.
16. IN THE EVENT THAT THE OWNER(S) OF UNIT 1-A REDEVELOP THE BUILDING
CURRENTLY LOCATED WITHIN UNIT 1-A OR THE OWNER(S) OF UNIT 1-8 REDEVELOP
THE BUILDING CURRENTLY LOCATED WITHIN UNIT 1-8, AND IN CONNECTION WITH
SUCH REDEVELOPMENT THE PARTY PERFORMING THE REDEVELOPMENT MUST ENTER
UPON THE PROPERTY OF THE OTHER PARTY, THE PARTY PERFORMING THE RE-
DEVELOPMENT SHALL REQUEST WRITTEN CONSENT FROM THE OTHER PARTY TO ENTER
UPON THE OTHER PARTY'S PROPERTY TO THE EXTENT REASONABLY NECESSARY FOR
THE PERFORMANCE OF SUCH REDEVELOPMENT. SUCH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD; PROVIDED, HOWEVER, THAT THE PARTY PERFORMING
THE REDEVELOPMENT AGREES TO COMPLY WITH THE REASONABLE REQUESTS OF THE
OTHER PARTY (INCLUDING, BUT NOT LIMITED TO. EXECUTION OF A WRITTEN
AGREEMENT CONTAINING APPROPRIATE INDEMNIFICATION, INSURANCE AND OTHER
REASONABLE AND CUSTOMARY PROVISIONS).
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHDIM HEREON.
TWO STORY BRICK
BLDG W/BASEMENT
GALENA PLAZA
CONDOMINUMS
UNI 2:
O" UNIT 1—A
0- S
DUMPSTER iy
40
4 /
!0,„STORY „CONC BL
BLDG W/BASEMENT
�Epk
UNIT 1—B'
,844 s .ft.t
0.065
5-14
' RAC S 15'04 2 W
Co 7.08�
RETAINING
` WALL
GAS EL :..
° !
PLUG (TYP. S18
00/1
/5.44
/
/
10
/
REBAR & CAP 'V %� ��` %'
e // �� E STORY BRICK, / /
LS 19598 SET � �� �PLAN TER �
z BLDG W/BASEMENT./%%%/
/ /
/ /
,// /
WATER SPIGOT
ON BLDG (TYP.)
°
\` • r. ° •
MAIN b :. `. r a. .. ,
., ° •'.
10
CG� /STREET
MORTGAGE H0 D R' S CERTIFICATE WIDE
R.
0• W
COLORADO NATIONAL BANK ASPEN, BEING THE BENEFICIARY OF THAT DEED
OF TRUST DATED JUNE 14. 1996 AND RECORDED JUNE 24, 1996, AT
RECEPTION NO. 394018 ENCUMBERING UNIT 1, THE GALENA PLAZA
CONDOMINIUMS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
33 AT PAGE 89 HEREBY CONSENTS TO AND APPROVES THE FILING OF THIS
CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA
CONDOMINIUMS -AMENDMENT NO. 1 IN ACCORDANCE WITH THE COVENANTS,
RESERVATONS EASEMENTS, OBLIGATIONS AND CONDITIONS APPEARING HEREON
AND AGREES THAT SAID DEED OF TRUST SHALL BE SUBORDINATE TO THIS
CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA
CONDOMINIUMS -AMENDMENT NOt 1.
EXECUTED THIS DAY OF 1999•
COLORADO NATIONAL NK ASPEN
BY,! /
NAME: LANE MARK
0 STATE OF TITLE: W1j)&j'r
��jj�' SS
COUNTY OF _Vi i to
THE FOREGOING MORTGAGE HOLDER'S CERTIFICATE WAS ACKNOWLEDGE
BEFORE tAE THIS _ t_jj _" DAY OF BY
��—, OF COLORADO NATIONAL ANK ASPEN.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: di/lb%G Z
`NOTARY- /? �.i
PLANNING DIRECTOR APPROVAL
THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA
PLAZA CONDOMINIUMS-AMENDMNET NO. 1 WAS APPROVED BY,
THE CITY F ASPEN PLANNING DIRECTOR
THIS _.f�'1 _ DAY OF leng 1990,
/1 _
'. ° �/ ',�
CURB
N 16'34'32"
2.32'
P.. UNIT 1—B
SIDEWALK
P.O.B. UNIT 1-A
REBAR & CAP
LS #9184 (FIND.)
FIRE HYDRANT
AND VALVE
SURVEYOR'S CERTIFICATE
I, FRANK W. HARRINGTON, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, EMPLOYED BY HIGH COUNTRY ENGINEERING, INC., DO HEREBY
EXEMPTION
V THIS CONDOM
INIUM SUBDIVISION
CERTIFY TH
AT I HAVE PREPARED PLAT FOR THE GALENA PLAZA CONDOMINIUMS -AMENDMENT NO 1• THAT THE
LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES,
FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN
HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY
SUPERVISION; THAT THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR
THE GALENA PLAZA CONDOMINIUMS -AMENDMENT NO. 1, MEETS THE
REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN COLORADO
REVISED STATUTES 1973, TITLE 38, ARTICLE 51, AS AMENDED FROM
TIME -TO -TIME AND CONTAINS ALL THE INFORMATION REWIRED BY C.R.S.
38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSH I P ACT��hpW111llllllllt//,j�
DATED:'&,*Ah,7 , 1999•
HIGH COUMTRY ENG I NEER INGo:*9598
BY:�ry►�lils 1177JJJJOO
FRANK W. HARRINGTON, L
STATE OF %-\ + 1 � )SS lirr,,,,nA1�111A%
COUNTY OF _ ))
THE GO NG SURVEYO 'S CERTIFICATE WAS ACKNOWLEDGED BEFORE
ME THIS �1} DAY OF , 1999, BY FRANK W.
HARRINGTON OF HIGH COUNTR GINEERING, INC. -j P u e
Q
' .......... z/
WITNESS MY HAND AND OFFICIAL SEAL. ,`P,.•'`' •;C�
MY COMMISSION EXPIRES: A/4514ftl Z. 6R R
O
SEWER MANHOLE
RIM ELEV = 7911.68
/ // GRAPHIC SCALE
20 0 10 20 40 M'
( IN FEET )
1 inch = 20 ft
L
TITLE EXAMINER'S CERTIFICATE
1, VINCENT J. HIGENS, AS PRESIDENT OF PITKIN COUNTY TITLE, INC.,
DO HEREBY CERTIFY THAT I HAVE CAUSED AN EXAMINATION TO BE MADE OF
THE PROPERTY DESCRIBED HEREIN, AND BASED ON THAT EXAMINATION
GALENA PLAZA, LLC, A COLORADO LIMITED LIABILITY COMPANY,
CONSTITUTES THE FEE SIMPLE OWNER OF THE PROPERTY SUBJECT TO THE
LIENS AND ENCUMBRANCES NOTED HEREON. ALTHOUGH I BELIEVE THE
FACTS STATED ON THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT ARE
TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF
TITLE, NOR AN OPINION OF TITLE NOR A GUARANTEE OFTITLE. IT IS
UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC., NEITHER
ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR
LIABILITY WHATSOEVER
ON ANY STATEMENT CONTAINED HEREIN.
DATED THIS _1.L DAY OF 1999.
PITKIN COUNTY TITLE, INC.
BY:
VINCEN J. HIG NS R SIDENT
STATE OF r,6199406
)SS
COUNTY OF .�•$,jS.jl' )
THE FOREGOING TITLE EXAMINER'S CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS IS _ DAY OF _1p0 a 11999 BY VINCENT J.
HIGENS, PRESIDENT OF PITKIN COUNTY TITL INC.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMM I SS 1 ON EXPIRES: PUOT7F 0 Charlotte D, I aVftary, Public
UtP•• " !! MY COMM48sion expires 6/23/2002
y� 601 East HopWns
1 Atpan, Oobrado 81611
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MOUNTAIN
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U MOUNTA I N SU JECT
i PROPERTY
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VICINITY MAP
f SCALE: i" = 2000'
PROPERTY DESCRIPTION
UNIT 1-A
A PARCEL OF LAND BEING A PORTION OF UNIT 1, THE GALENA PLAZA
CONDOMINIUMS AS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 33 AT
PAGE E19 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, CITY OF
ASPEN, COUNTY OF PITKIN, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID UNIT 1, A REBAR AND CAP
L.S./9184 FOUND IN PLACE, THE POINT OF BEGINNING; THENCE
N 75'09'11" W ALONG THE SOUTHERLY BOUNDARY OF SAID UNIT 1-A A
DISTANCE OF 78.50 FEET TO THE SOUTHWEST CORNER OF SAID UNIT 1;
THENCE: N 14'50'49" E ALONG THE WESTERLY BOUNDARY OF SAID UNIT 1
A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID UNIT 1;
THENCE: S 75'09'11" E ALONG THE NORTHERLY BOUNDARY OF SAID UNIT
1 A DISTANCE OF 18.71 THENCE LEAVING SAID NORTHERLY BOUNDARY
S 15'04'52" W A DISTANCE OF 37.54 FEET: THENCE S 75'06'45" E
A DISTANCE OF 0.25 FEET; THENCE S 15'04'52" W A DISTANCE OF
7.08 FEET; THENCE S 73'12.11" E A DISTANCE OF 35.14 FEET;
THENCE: N 16'34'32" E A DISTANCE OF 2.32 FEET; THENCE
S 73'25'28" E A DISTANCE OF 0.90 FEET; THENCE S 16'34'32" W A
DISTANCE OF 2.32 FEET; THENCE S 73.12'11" E A DISTANCE OF 5.44
FEET; THENCE S 13'58'45" W A DISTANCE OF 6.75 FEET; THENCE
S 75'4:3'16" E A DISTANCE OF 18.17 FEET TO A POINT ON THE
EASTERLY BOUNDARY OF SAID UNIT 1; THENCE S 14'50'49" W ALONG
THE EASTERLY BOUNDARY OF SAID UNIT 1 A DISTANCE OF 47.40 FEET TO
THE POINT OF BEGINNING; SAID PARCEL CONTAINING 5,005 SQ. FT. MORE
OR LESS.
PROPERTY DESCRIPTION
UNIT 1-B
A PARCEL OF LAND BEING A PORTION OF UNIT 1, THE GALENA PLAZA
CONDOMINIUMS AS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 33 AT
PAGE 89 OF THE PITKIN COUNTY CLERK AND RECOWR'S OFFICE, CITY OF
ASPEN, COUNTY OF PITKIN, STATE OF COLORADO G MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THEE SOUTHEAST CORNER OF SAID UNIT
1 A REBAR AND CAP
L.S.#9184 FOUN00 IN PLACE; THENCE N 14'50'49" E ALONG THE
EASTERLY BOUNDARY OF SAID UNIT 1 A DISTANCE,.4LF 47.40 FEET TO THE
POINT OF BEGINNING; THENCE LEAVING SAID EAY BOUNDARY
N 75'43'16" W A DISTANCE OF 18.17 FEET; TH N 13 58'45" E
A DISTANCE OF 6.75 FEET; THENCE N 73'12'11" W A DISTANCE OF
5.44 FEET; THENCE N 16'34'32" E A DISTANCE OF 2.32 FEET; THENCE
N 73'25'28" W A DISTANCE OF 0.90 FEET; THENCE S 16'34'32" W A
DISTANCE OF 2.32 FEET; THENCE N 73'12 '11 W A DISTANCE OF 35.14
FEET; THENCE N 15'04'52" E A DISTANCE OF 7.08 FEET; THENCE
N 75'06'45" W AA DISTANCE OF 0.25 FEET; THENCE N 15'04'52" E A
DISTANCE OF 37,.54 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF
N
SAID UNIT 1 THiENCE S 75'09'11" E ALONG
THE NORT
HERLY BOUNDARY
OF Sk D UNIT 1 A DISTANCE OF 59.79 FEET TO THE NORTHEAST CORNER
OF SAOD UNIT 1„ A REBAR AND CAP L.S. #9184 FOUND IN PLACE; THENCE
S 14'50'49" W AALONG THE EASTERLY BOUNDARY OF SAID UNIT 1 A
DISTANCE OF 52..60 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONTAINING 2,8444 SO. FT. MORE OR LESS.
(;FRTIFI.ATE OF DEDICATION AND OWNERSHIP
KNOW ALL MEN B)Y THESE PRESENTS, THAT GALENA PLAZA, LLC, A
COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNER OF UNITS
1-A AND 1-8, THE GALENA PLAZA CONDOMINIUMS, BEING THE REAL
PROPERTY SHOWN HEREON DOES HEREBY CERTIFY THAT THIS CONDOMINIUM
SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA CONDOMINIUMS -
AMENDMENT NO.1, HAS BEEN PREPARED PURSUANT TO AND FOR THE
PURPOSE STATED IN THE SUPPLEMENT TO THE C NDOMINIUM DECLARATION
FOR THE GALENA PLAZA CONDOMINIUMS DATED 2 -I3 1 1999 RECORDED AS 9GCtf-h'0"
H•J-� *f-P*@E AND THE UNDERSIGNED DOES HEREBY NO. 431031
SUBMIT SAID REAL PROPERTY TO THE TERMS, PROVISIONS AND CONDITIONS
OF THE CONDOMINIUM DECLARATION FOR THE GALENA
PLAZA CONDOMIN UMS DATED FEBRUARY 14, 1994 RECORDED IN BOOK 742
AT PAGE 497 AS RECEPTION NO. 367202 AND SAID SUPPLEMENT.
DATED: !&- vs - , 1999.
GALENAQ PLAZA, LLC
BY:^"�
NAME: MANAGER L9wE %%
STATE OF GvN�l�C�d
SS
COUNTY OF Yi"��'1�
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS �1tr pG
ACKNOWLEDGED BEFORE ME THIS 10" DAY OF NAh i 1999
—6.aWlg, , I%16;He"R- , MANAGER OF GALENA PLAZA, LLC.
WITNESS MY HAND AND OFFICIAL SEAL. �AN
MY COMMISSION EXPIRES:1dIy1 j'VTn D Q�jl A A- 'IA /_
CITY ENGINEER APPROVAL
THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA
PP A ON I I-AMCNDMENTGNO I F WAS
TAPPROVED
HE CITY OFASPENBY, THIS DAY OF 1999.
CITY ENGINEER
CLERK AND RECORDER'S CERTIFICATE
THIS CONDOMINIUM SUBDIVISION EXEMPTION PLAT FOR THE GALENA PLAZA
CONDOMINIUMS -AMENDMENT NO. 1, IS ACCEPTED FOR RECORDING IN THE
OFFICE THE CLERK ANU RECORDER OF PITKIN COUNTY, COLORADO.
THIS / I DAY OF _Aida 1999 , I N PLAT BOOK
AT PAGE AT RECEPTION N��-�G�
BY: Gam.-—�---
NAME:
CLERK & RECORDER
PITKIN COUNTY, COLORADO
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