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HomeMy WebLinkAboutcoa.lu.sp.960 N 3rd St.A084-01air► 2735-122-39-002 A084-01 Meadows Trustee Townhomes Plat Amendment 1�7 FA J 66bu COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen. Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen FIre Other Fees: 1006 Copy 1165 Remp Fee 1302 GIS Maps 1303 GIS Fee 148'1 Housing Cash in Lieu 1383 Open Space Cash in Lieu 138' Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME:e-oop-i 1 i PHONE: L/ CHECK# CASE/PERMIT#: A # OF COPIES: DATE: .-- INITIAL: CONDOMINIUM PLAT OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, A CONDOMINIUM 262950,_ SITUATED ON LOT 5, THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY COLORADO, 0 T a I I I z cr 0 uU o • w o m - z 0 z is m 0 a x cc a o ¢ g 0 0 T z aI l I"-30' 0 30 60 LEGEND AND NOTES O FOUND SURVEY MONUMENT AS DESCRIBED ♦ SURVEY CONTROL MANHOLE FIRE HYDRANT ❑ UTILITY BOX TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE, INC. CASE NO. PCT-9383C4 DATED: 02/01/95 WATER SYSTEM G.0 GENERAL COMMON ELEMENT L.0 LIMITED COMMON ELEMENT ACCESS TO PROPOSED GARAGES FROM THE WEST ONLY BUILDING TIES TO MAIN STRUCTURES NOT DECKS �y G.C.E. o^ 26295 \ SEWER SEWER LINE G.C.E. G.C.E. ro`' -14�4 UNIT N0. II DESIGNATED AREA OF EXPANSION oti UN/ T / 0 s ej'D't� E UNIT NO. 10 DESIGNATED AREA OF EXPANSION /l /0/ 9 s / 0J. UNIT 9 PATIO BUILDING / B CAR PORT yy /' ORIGIN UNKNOWN U N T SEWER LINE III BUING8 O ROCK WALL ON/ r 8 PAT 10 n U Nl T ) CAR PORT ( w u1 o UNIT 7 BUILDING o 0 ♦ UN! T PATIO 7 UNlr 6 CAR PORT • • n a '^ UNIT 6 c BUILDING • • O z UNIT 6 CAR PORT XFMR UNIT S \ UNIT S \ g BUILDING �0 G.C.E. PATIO CAR PORT \ \ UNIT 5 UNIT 4 ❑ UNIT 4 BUILDING 26295 0 a a / o \ -/ G.C.E.2 L.C.E. tiw UNIT I I K L.C.E. ill u I UNIT 10 IW o L.C.E. UNIT 9 I I W I U F l 26295 L.C.E. I UNIT 8 0. I w II L.C.E. UNIT 7 �— W II 3 h Q • N h L.C.E. 2 ' II IT 6 0 o e z m \G.C.E. u, m Z o \ T L.C.E. �+ UNIT 5 0 � \ c L.C.E. A 1 o UNIT 4 O.C.E. RED CAP a 7! GARAGE AS PRESENTLY DESIGNED EXTENDS INTO EASEMENT DESIGNATED AREA OF EXPANSION PROPOSED LIMITED COMMON ELEMENTS - GARAGES DESIGNATED AREA OF EXPANSION PROPOSED LIMITED COMMON ELEMENTS - GARAGES • PLAT NOTES I. EASEMENTS OF RECORD ARE DEPICTED HEREON. SEE PITKIN COUNTY TITLE IVC. CASE NO. PCT-93I3C4 DATED 02/01/95 FOR OTHER MATTERS PERTAINING TO THIS PROPERTY. 2. THIS CONDOMINIUM HAS VERTIjj�_ BOUNDARIES ONLY. 3. FRONT DECK ON UNIT 2 EXTEN,., UPON WATER EASEMENT 4. ALL UTILITY SERVICES LINES AND CONNECTIONS SHALL BE GENERAL COMMON ELEMENTS 5. THE NORTHERLY PROPERTY LINE OF EACH UNIT IS CONTIGUOUS DESIGNATED AREA OF EXPANSION WITH THE EXISTING NORTHERLY WALL OF THE BUILDING PRESENTLY _ PROPOSED LIMITED COMMON ELEMENTS - GARAGES LOCATED WITHIN EACH SUCH UNIT. PROPOSED GENERAL COMMON ELEMENTS - GARAGE 6. DESIGNATED AREAS OF EXPANSION/UNITS I,10 AND 11 ARE AND STORAGE AREA WITH THE USE OF THE DEFINED IN THE CONDOMINIUM DECLARATION. DEVELOPMENT IN AREA TO BE DETERMINED BY THE ASSOCIATION. THEREOF CONTROLLED BY TPIE DECLARATION. CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL PERSONS BY THESE PRESENTS, THAT THE ASPEN INSTITUTE INC. A COLORADO NONPROFIT CORPORATION BEING THE OWNER OF LOL THE ASPEN MEADOWS SUBDIVISION SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY COLORADO, HAS RY THESE PRESENTS PREPARED AND PLATTED THE SAME INTO UNITS AS SHOWN ON THIS PLAT UNDER, THE NA... AND STYLE OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, A CONDOMINIUM' FOR THE PURPOSES STATED IN THE CONDOMINIUM FOR DECLARATION THE TRUSTEE TOWNHOMES j ASPEN MEACOWS A CONDOMINIUM RECORDED AS REC PTION NO. rld•�3"._ OF THE AECO;ti OF PITKIN COUNTY COLORADO AND THE UNDERSIGNED DOES HEREBY SUB:!: SAID REAL PROPERLY TO THE TERMS, PROVISIONS AND CONDITIONS OF SAID CONDOMINIUM DECLARATION. THE ASPEN INSTITUTE I I THE ASPEN INSTITUTE INC. A COLD DO NONPROFIt OR n-j A COLORADO NON PROFIL CORP. DAVID T. McLA GHLIN, C. 0 CYNTH N. BUNI Ki, SECRET'' STATE OF Colc�rcldO) COUNTY OF ) THE FOREGqING CRTI ICATION WAS ACKNOWLEDGED BEFORE ME THIS rt DAY OF �aY�V 1996 BY DAVID T. McLAUGHLIN C.E.O. OF ASPEN INSTITUTE, INC., A COLORADO NONPROFIT CORPORATION. WITNESS Y"ANN-14 SEAL. .`8MY '-Mti' COMMISSION EXPIRES',°'� U• ...... �•: '' ' / MM I , �'�yaouury 31, 1998 �� OT A R k ° v -�� NOTARY PUBLIC J�����,��UBL\I L STATE OFr�) ,TFOF0003, �S. COUNTY OF�♦cs� i t" THE FORF�QING C�ERTIfIICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF _ 2 1996 BY CYNTHIA N. BUNISKI SECRETARY C THE ASPEN INSTITUT , INC., A COLORADO NONPROFIT.C6RPORATI-ON WITNESS MY HAND AND OFFICIA, SEAL. MY COMMISSION EXPIRES:'3 NOTARY PUBLIC SURVEYOR'S CERTIFICATE 1, JOHN HOWORTH DO HEREBY ERTIFY AS FOLLOWS: THAT I AM A SURVEYORS PROFEStSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS 0 THE STATE OF COLORADO: THAT THIS PLAT IS TRUE, CORRECT AND COMPLETE AS LAID OUT PLATTED AND SHOWN HEREON: THAT THIS PLAT WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY SH HEREON BY ME OR UNDER MY DIRECT SUPERVISION AND CORRECTLY SHOW: THE LOCATION AND DIMENSION OF THE UNITS AS SHOWN HEREON: AND T, THIS PLAT MEETS THE REOUIRLMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CRS 38-51-102 AND OF A PLAT AS SET FORTH IN CRS 38-33.3-209. SURVEY PRECISION IS GREAtF TH/)N 1:10,000. � 1pI�j/ s D ED 1996 �0 I raznIlN,�, g •' 000000U/};G� BY.JO N HOWORTH P . . S . 25947 �g = o0 L5947 CITY ENGINEERS APPRf, y' THIS CONDOMINIUM P WAS ARP,$ �h'��i e ENGINEER OF THE ,r CITY OF SPEN THIS AY OF � �� �j !%uIIIIIIIi1U BY:-?,- Fort CITY ENGI-NEER DIRECTOR OF COMMUNITY DEVELOPMENT APPROVA!. THIS DOMINIUM IfLAT WAS 0 THE DIRECTOR OF COMMUNII DEVE OP T IS AY, OF __ 1996. � �aT�►H (,1.1W I o Jfl DIRE 0 TITLE EXAMINERS CERTIFICATION I VINCENT J. HIGENS, PRESIDENT OF PITKIN COUNTY TITLE, INC., - HEREBY CERTIFY THAT I HAVE CAUSED AN EXAMINATION TO BE MADE ON THE REAL PROPERTY HEREIN DESCRIBED AND, BASED ON THAT EXAMINATION,THE ASPEN INSTITUTE INC. A COLORADO NONPROFIT CORPORATION CONSTITUTES THE FEE SIMPLE 6WNER OF THE REAL PROPF', HEREIN DESCRIBED AND EXCEPF AS NOTED ON THIS PLAT, SAID INTERESTS ARE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES. PITKIN COUNTY TI LE INC., A CO ORADO CORPO TI BY: I CEN J. S,,,PRESIDENT •�':`¢I►,i STATE OF COLORA P(Je f S \�' COUNTY OF P I TK I N \ CAR ,, THE FORE ING CERTIFICATION WAS ACKNOWLEOG B I PATIO PORT - \ ' DESIGNATED AREA OF EXPANSION TYPICAL STRUCTURE r` 40" DAY OF �nupi 1996 BY VINCENT H E SI EN �sj p.�• PROPOSED LIMITED COMMON ELEMENTS - GARAGES DIMENSIONS •/- 0.1' y �,' PITKIN COUNTY T Llrf E, INC., A COLORADO CORPO �T N. O O 26295 UNIT 4 L.C.E. WITNESS MY HAND AND OFFICIAL SEAL. 4, Uy4QP \ 'UNIT I T 3 ; .° 3'� Y Ii I31 IOI(C OF CO _ NIT 3 UNIT 3 MCOMMSSION EXPIRES: `►,�««,: ' O G.C.E. BUILDING \\ L.C.E. \ \ UNIT 2 NOTARY PUBLIC CAR PORT 44.6 CLERK AND RECORDERS CERTIFICATE PATIO \ L.C.E. n n \ UNIT I RED CAP ILLEGIBLE N N THIS CONDOMINIUM PLAT IS ACCEPTED FOR FILING IN THE OFFICE OF o HORIZONLAL CONTROL N N CL D RECORDER OF PITKIN COUNTY, "ORADO THIISS�LO- AY I5.6 21.8 NUMBE J ` �996, IN PLAT BOO T PAG S RECEPTION UN I T 2 �_—�� UN\S 2 BUILDING \ \ G.C.E. n CAR BY \ N \ PATIO ° PORT SILVIA DAVI CLERK AND RECORDER V ICI ti' TY MAP PCA ORT \ o \ PITKIN COUNTY, COLORADO \ \ PATIO p6 I^ \ 7 .0 106 \\ \ • '-W '�N�LFss co ww/n+s� Orrj l`�`. '� 6„�� j� \/�• F\ \t % I � �(�s o° a \ UNIT NO. I z HT SF FORA DESIGNATED AREA OF \ F'9oOP \ EXPANSION ,E- R rvamuto «� T E 26295 0 4 \ �GF ON Late 4� G.C.E. \ �� / ` '` k \ PICNIC. PRINT 2629s r/ r R t �F-A5F-MOZT �0 �5 !,� •�« � eO1.0I' PREPARED BY a` Via.. \ titi ASPEN SURVEY ENGINEERS, 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 NOTICE: ACCOR..ION TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL PHONE/FAX (9701 925-3816 ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIP ,T DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION YASED UPON EARS FROM TH DATECOFITHEHIS CERTIFICATIOT B N�SEHO NDHEERREON. THEE THAN 26295 26295 DATE JOB SURTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SHEET I OF I I/96 2519 EXHIBIT A , 1'-30' 0 30 60 LOT 4 THE ASPEN MEADOWS SUBDIVISION LEGEND AND NOTES 26295 0 FOUND REBAR WITH PLASTIC CAP WITH LS • AS DESCRIBED UTILITY BOX SURVEY CONTROL F FIRE HYDRANT ® MANHOLE o- + FENCE • WATER VALVE G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT ® ELECTRICAL BOX AREA TABLE UNIT 1 6440 SF •/- UNIT 2 4871 SF •/- UNIT 3 4698 SF •/ UNIT 4 4973 SF •/ UNIT 5 5161 SF •/- UN 6 5086 SF •/- UNIT 7 5340 SF •/ UNIT 8 4637 SF •/- UNIT 9 3938 SF •/- UNIT 10 3637 SF •/- a UNIT 11 3507 SF •/- LOT 5, THE ASPEN MEADOWS SUBDIVISION, CITY OF n ASPEN, COLORADO, IS ZONED R/MF-SPA. � 3 a o SEWER EASEMENT A teensy ( 0) foot wide sanitary sewer line a emenI being located ■n Lot 5 of the Aapan Meadows FiG S.P.A. Developme Ian and Final Subdivision Plat, in o subdivision 1.Coto in I,Xie North Half of Section 12 and the South Half of Section 1, lbwnship 10 South Rangge 85 West of the Sixth Principal Mer(idian, County oI Pit6in, State of Colorado, and being ten (Ibi feet on each side of the following described centerline, with sidelinac extending and shortening as necessary to inters with lot lines: • Beginning at a point along the northerly line of said Lot 5, from whence the northerly most corner thereof bears N 68R`,4'00- W. 55.91 feet ■ith all bsariny■ contained herein relative tD said subdivision pprat: Thence S. 12°31.17- W. 61.82 feet: Thence S. 10.59'03' W. 149.98 feet: Thence S. 03*08'52- E. 185.70 feet: Thence S. 33°26'07- E. 152.00 feet to the point of terminus, sl,ecifically excluding from this easement the existing patios located on Units 2 and 3 of the Trustee Townhomes at the Aspen Meadows. LOT 4 THE ASPEN MEADOWS SUBDIVISION VICINTY MAP NOTICE ACCORDING TO COLORADo AS YOU MUST COHME. ANY LEGAL ACTION BASED UPON ANY DEFECT :- THIS PUT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH cFECT. IN NO EVENT MAY ANY ACTIONN RASED UPON ANY DEFECT IN THIS AT BE COENCED MORE THAN TEN YEARS FROM THE DATE OF THE CEI: IFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT W, r STAMIPED WITH THE SEAL OF THE SURVEYOR. N IHST AMENDMENT TO THE CONDOMINIUM PLAT OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, A CONDOMINUM SITUATED ON LOT 5 ASPEN MAEDOWS SUBDIVISION CITY OF ASPEN PITKIN COUNTY COLORADO. a REeAR CONTAINING 2.953 ACRES MORE OR LES� P.O.B. SEWER EASEMENT I / ­4�� B` / 41 N I h/o I N 1 F I / b G.C.E / 1 I I 110I I I I o lo' ' bl IIJ/ UNIT 9 h I I � waDlNe ti PATIO ~� I CARPORT I: /I UNIT 8 /w IILLDINe PATIO 7 CARMIIT 1 UNIT 10 PROPOSED STRUCTURE JROCK WALL I I UNIT 7 I 1 wUI LDINO . I I PATIO 1 P CARPORT 1 G.C.E i IT a 1 J I I I UNIT 6 BUILDING I ce �I I PATIO 1 �AIIPawT umtr i 1 WIi s I UNIT 5 I i 1 I I SUILO INS 1 I 1 1 I I PATIO CARPORT I I I UNIT S IS 111111-17's UN T4 UNIT 4 i SUILDINS I CARPORT \ \ PATIO 26295 \ ro \ \ sZ,\ RRRIT s UNIT euILDiNe \ ✓ • oJ\ . ►At10 \ G.C.E. \TRIG s MANHOLE MAY S IT E \ \ RELOCATED LOT 1 THE ASPEN MEADOWS SUBDIVISION 26295 / 2594 ® 1111 I / 1 I I I I at � I w � la N 0 I I • a ti P 1 I I C, _ w I UI 1 uLI� 26295 u i I / •I � I I I o n 1 w II 1 g I o, LOT 1 `-4 THE ASPEN MEADOWS SUBDIVISION 1 I � I o � L o \ 1 ' O.C.E. Z ` 2594 \ 1 ` 11 0 '1 t 26295 \ 1 t t ` O.C.E. -` ` \ s \ 3 CARPORT UNIT 2 G.C.E. WILDING CARPORT \ \ PATIO 1 a, ■S ,� eS,e `� \\ `\ I ox e6T•1s �31 � O \ O 5ry \ 26295 4,' RED CAP ILLEGIBLE HORIZONTAL CONTROL olto Zs R \ SFR 9 A 'ryT'1�4 26295 �6 6295 In LOT 1 THE ASPEN MEADOWS SUBDIVISION SEWER EASEMENT PLAT NOTES I. EASEMENTS OF RECORD ARE DESCRIBED HEREON, SEE PITKIN COUNTY TITLE, INC. CASE NO. PCT-11146 DATED: 2/3/97 FOR OTHER MATTERS PERTAINING TO THIS PROPERTY. 2. THIS CONDOMINIUM HAS VERTICAL BOUNDARIES ONLY. THE TERM 'VERTICAL BOUNDARIES' IS DEFINED IN THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. SECTION 38-33.3-102(32). 3. FRONT DECK ON UNIT 2 EXTENDS UPON WATER EASEMENT. 4. ALL UTILITY SERVICE LINES AND CONNECTIONS SHALL BE GENERAL COMMON ELEMENTS. 5. THE NORTHERLY PROPERTY LINE OF EACH UNIT IS CONTIGUOUS WITH THE EXISTING NORTHERLY WALL OF THE BUILDING PRESENTLY LOCATED WITHIN EACH SUCH UNIT. 6. DESIGNATED AREAS OF EXPANSION/UNITS 1,10 AND 11 ARE DEFINED IN THE CONDOMINIUM DECLARATION DEVELOPMENT THEREOF IS CONTROLED BY THE DECLARATION AND AMENDMENTS THERETO CITY OF ASPEN RESOULTION NUMBER 75 SERIES OF 1996, AND THE APSEN MEADOWS SPECIALLY PLANNED AREA DEVELOPMENT AND SUBDIVISION AGREEMENT RECEPTION NUMBER 340938. 7.0THE WATER SERVICE LINE AND THE *R PIT CURRENTLY SERVICING UNITS 2-9 SHALL BE RELOCATED ON UNIT 1. 8. IF REOUIRED BY HOLY CROSS ELECTRIC ASSOCIATION L THE ELECTRIC LINE AND EASEMENT THROUGH UNIT 1 SHALL BE RELOCATED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 9. THIS PLAT AND THE FIRST AMEN TO THE CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUST WNHOMES AT -THE -,A P EADOWS RECORDED SIMULTANEOUSLY HEREWIT S RECEPTION NO.7 AMENDS THE TRUSTEE TOWNHOMES AT -THE -ASPEN -MEADOWS A CONDOMINIUM PLAT EC6RDED IN PLAT BOOK 39 AT PAGE 16 AND THE ASPEN MEADOWS SPECIALLY PLANNED AREA DEVELOPMENT AND SUBDIVISION AGREEMENT RECORDED AT BOOK 647 AT PAGE 73i AND THE ASPEN MEADOWS FINAL SUBDIVISION PLAT RECORDED IN PLAT BOOK 26 AT PAGES 5-50, ALL OF THE RECORDS OF THE CLERK AND RECORDER, PITKIN COUNTY, COLORADO. TYPICAL STRUCTURE DIMENSIONS •/- 0.1• 44.6 n RAT 10 ^; CARPORT / CERTIFICATION OF OWNERSHIP KNOW ALL PERSONS BY THESE PRESENTS THAT THE IRUSTEE TOWNHOMES AT THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION INC , A COLORADO NON- PROFIT CORPORATION, ON BEHALF OF THE OWNE♦4S OF UNITS 1 THROUGH 11 OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADOHAS BY THESE PRESENTS AMENDED THE PLAT PURSUANT TO THE AUTH041ZATiON OF THE OWNERS CONTAINED IN THE FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TjPSTEE TOWNHOMES AT THE -ASPEN MEADOWS RECORDED AS RECEPTION N0. �'_� OF THE RECORDS OF PITKIN COUNTY, COLORADO. �- THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CON OMINIUM ASSOCIATION, INC., CO ORADO NON-PROFIT CORD ATI N BY: t BY: A` DAVID T. MCLAUGHL , PRESIDENT SA A, ECRE ARY STATE OF COLORADO I ) as. COUNTY OF PITKIN ) �'T`HE FOREG ING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS -1 DAY OF 1997 BY DAVID T. McLAUGHLIN, tl� PRESIDENT OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS �att CONDOMINIUM ASSOCIATION, INC., A COLORADO NON PROFIT CORP\(iRPvy WITNESS MY HAND AND OFFICIAL SEAL. _NaTARy MY COMMISSION EXPIRES: �o �5'ZADO s-1-0-0-0 NOTARY PUBLIC Off 6RINNN MY COMMISSION EXPIRES: STATE OF COLORADO ) _ OCTOBER15,2000 COUNTY OFPITKIN E FOREG �RTTI (CATION WAS ACKNOWLEDGED BEFORE ME THIS AY OF L 1997 BY JOHN SARPA, SECRETARY OF 1? TRUSTEE TOWNHOMES AT-THE-ASPtN MEADOWS CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: �GnLL0_t 1-7. �C19q NOTARY PUBLIC C7 SURVEYORS CERTIFICATE I JOHN HOWORTH HEREBY CERTIFY THAT IN 2/26/97 SURVEY WAS PERFORMED UNDER MY DSRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY , AND THAT A BUILDING WAS FOUND TO BE LOCATED THEREON, AS SHOWN ON THIS CONDOMINIUM MAP THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES UTILITIES IMPROVEMENTS AND EASEMENTS SHOWN ON COMMITMENT FOR TI L INSURAN6E PREPARED BY STEW. mill E OF ASPEN, INC. ORDER NO. �� DATED: -�f�r% ARE ACCURATEL �C6 ., $1'%NI S MAP AND THE MAP ACCURATELY AN6 SUBSTANTIAL L\`A'fC5,T CAT16N AND HORIZONTAL DIMENSIONS OF THE BUILDING AN rINp9(Al1G�li; .URNN AND THE UNIT DESIGNATIONS THEREOF. THIS SURVEY WAS.. D IN'yICC ANCE WITH COLORADO REVISED STATUES 1973 TITLE 38 S 33.3 9v SURVEY PRECISION IS GREATER THAN 1.16,000. SIGNED. _ H ORTH, P_ = 25947 T I TLE EXAwf'kirmluu"T I F I CAT I ON I, Vincent J: Hi q•nsr President of Pltkin County Title, Inc., do hereby certify tFaI 1 have caused an examination to be made on the real property herein described and based on the examination, the following constitutes the fee simp�e owner(s) of the real property herein described, subject to liens and encumbronces of record: Units , 10 and 11: The Aspen Institu�Inc., a Colorado Non- Prof,t poration: Unit 2: Bell Mountain Partners Limited Partnership, an Illinois Limited Partnership: Unit 4: Presley 0, Reed: Unit 5:Oerrill M. Ford: is Unit 6: Esther B. Ferguson and James L. Ferguson: Unit 7: Jan Jones Sarpa, Mary Sarpa, John Sarpa and Dr. J.R. Sarpa: Unit 8: David T. McLaughlin: Unit 9: Richard 0. Lamm and Harris D. Sherman `pY• PU9 Pltkin County Title Inc. � a Co, rodo Co r or T on • JACKIE By LOTHIAN j Vincent J. gens President �' j a aY• STATE OF COLORA 1 T9T oil, °PO a F County of Pltkin ) _4 Ths foregoln Certification wOs .acknowledged bbfore me Chic' day of 1997 -by Vincent J. Higensr. Press de'"rVt f Itkin County e, nc. a Colorado corporation. Witness my hand and official seal. My commission expires: 410 1919 ary Public CITY ENGINEERS APPROVAL THIS CONDOMINIUM�"AAYI�APR ED BY THE CITYOE ASPEN DEPARTMENT OF THIS CON G N IeD BY / , 199' CITY ENGI E COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS CONDOMINI M MAP WAS APPROVED BY THE COM�1}�N,TY,DEVELgp Eft NT 1997 TOR OF T CITY OF ASPEN COLORADO THIS 1 (DAY OF _Y_I5 �` DI OR CLERK AND RECORDERS CERTIFICATL. THIS CONDOMINIUM MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK( AND REORDER OF Jj1E� COUNTY OF PITKIN, STATE OF COIORADO, At3x3 OCKt M. Ty�S DAY OF L]Qtj9 , AND RECORDED III PLAT BOOK AI PAGE , J AS RECEPTIO N MB CLERK A ECORDER 41Zg>UVQD �C k t0 °v` Ro RADA PREPARED BY ASPEP,i SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PI;ONE/FAX (970) 925-3816 r TE .ROB SHEET 1 OF 1 EXHIBIT B CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADM1N ACTION BOA ACTION DATE CLOSED BY A084-01 2735-122-39002 Meadows Trustee Townhomes Subdivision Plat Amendme Units 2 & 3 Meadows Trustee Townhomes Sarah Oates Subdivision Plat Amendment Trustee Townhomes at the Aspen Meadows Condomi Boyd & Bazil LLP 11 /30/05 D DRISCOLL JOB AVAILABLE - ASPEN COMBINATION INSPECTOR/ PLANS EXAMINER - COMMUNITY DEVELOPMENT DEPARTMENT. Performs inspections of buildings and structures to verify compliance of construction with the International model codes. Minimum Requirements: Requires high school diploma or equivalent. Requires a minimum of four (4) years of previous work experience in a construction related position or three (3) years as a Building Inspector. Must obtain at least three (3) certifications. from ICC (International Code Conference), IAPMO (International Association of Plumbing and Mechanical Officials), or other accepted agency, within six (6) months from date of hire. Requires possession of a valid Colorado Driver's license appropriate for the type of vehicle to be operated. Or an equivalent combination of education and work experience that produces the knowledge, skill, and ability to perform the essential duties/responsibilities of the position. Regular full-time position with complete City of Aspen benefits package. Compensation rate: $44,429 to $61,318. Application and supplemental questionnaire due by 5:00 p.m. October 28, 2005. INSPECTOR DE COMBINACIONES/ EXAMINADOR DE PLANOS — DEPARTAMENTO DE DESARROLLO COMUNITARIO. Realiza inspecciones de edificios y estructuras para verificar la conformidad de la construccion con los codigos modelos internacionales. Requerimientos minimos: Diploma de secundaria o GED. Licencia de conducer valida del Estado de Colorado. 4 anos de experiencia en construccion, o 3 de inspector de edificios. Debe obntener al menos 3 certificaciones de ICC (Conferencia Internacional de Codigos), IAPMO (Asociacion internacional de plomeria y oficiales mecanicos), o otra agencia aceptada, dentro de 6 meses de contratado. 0 cualquier combinacion de educacion y experiencia que provea el conocimiento y experiencia requeridos. Posicion regular de tiempo completo con beneficios de la Ciudad de Aspen. Rango de Salario: $44,429 a $61,318 anualmente. Fecha limite para aplicacion y questionario adicional 5:00 p.m. Octubre 28, 2005. All applicants must submit a completed City of Aspen Application and supplemental questionnaire to Human Resources 130 S. Galena St.,Aspen CO 81611 ; FAX 970-920-5037 or email HRaci.aspen.co.us. Application and supplemental questionnaire may be downloaded from www.aspenDitkin.com or from the m/drive: city/human resources/forms/cityofaspenapplication or by calling the HR Office at 970 920 5241 We believe in, and practice Equal Employment Opportunity. PARCEL ID: I2735-122-39002 ! DATE RCV1_ 8/16/01 ]E # CASE NAMEI Meadows Trustee Townhomes Subdivision Plat Amendment PROJ ADDR: Units 2 & 3 Meadows Trustee Townh CASE TYP: Subdivisii OWN/APP:i Trustee Townhomes ADRI 1000 N. Third St. CIS/Z: REP: Boyd & Bazil LLP ADR: 632 E. Hopkins Ave. C/S/Z: FEES DUE 500 D FEES RCVD: 500 ' REF: MT G DAT 1 NO I CLOSE, PLAT SUBMITD: J LAT CASE NOIA084-01 PLNR: �m ndment STEPS: ,0/81611 PHN: 544-7900 30/81611 PHN 925-7171 STA DATE OF FINAL ACTION •: CITY COUNCIL:f— DRAC: i ADMIN:1 MEMORANDUM TO: Plans were routed to those departments checked -off below: ,........... City Engineer O ........... Zoning Officer O ........... Housing Director O ........... Parks Department O ........... Aspen Fire Marshal O ........... City Water O ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning FROM: Sarah Oates, Zoning Officer Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5441 Fax-920.5439 RE: Meadows Trustee Townhomes Plat Amendment DATE: August 29, 2001 REFERRAL SCHEDULE DRC REVIEW DATE: REFERRALS DUE TO PLANNER: Thank you, Sarah September 5, 2001 September 14, 2001 BOYD & BAZIL, LLP ATTORNEYS AT LAW 632 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 DIANA L. GODWIN DLGODWIN c@ROF.NET August 6, 2001 Mr. Fred Jarman City Planner Aspen/Pitkin Community Development 130 S. Galena Street Aspen, Colorado 81611 TELEPHONE: (970) 925-7171 FACSIMILE: (970) 925-4668 Re: Trustee Townhomes at -the -Aspen Meadows Condominium Association, Inc. Dear Fred: Pursuant to our pre -application conferences on June 7 and June 27, 2001, I am writing on the behalf of Trustee Townhomes at -the -Aspen Meadows Condominium Association, Inc. ("the Association') to apply for an Administrative Plat Amendment under Municipal Code Section 26.480.080A. At your request I have enclosed a check in the amount of $500 and an executed Agreement for Payment of City of Aspen Development Application Fees (I confirmed with your office that the check made payable to "Pitkin County" can be endorsed to the City). Additionally, I will summarize the basis for the amendment below. BACKGROUND The Condominium Plat of the Trustee Townhomes at -the -Aspen Meadows (the "Plat") was approved by Pitkin County in January and February, 1996. A copy of the Plat is attached as Exhibit "A" hereto. Subsequently the Association replaced the existing sewer line to the East of the building envelopes for each unit, designated on the Plat as "Sewer Easement," vacated that easement and designated a new sewer line to the West of each unit in the First Amendment to the Condominium Plat ("First Amended Plat"), attached as Exhibit B hereto. The Association and its owners simultaneously executed and recorded a document entitled First Amendment to Condominium Declaration and Condominium Plat for the Trustee Townhomes at -the -Aspen Meadows (the "Written First Amendment"), attached as Exhibit "C" hereto. In the Written First Amendment, the Association and each owner conveyed to the Aspen Consolidated Sanitation District (the "District") a 20 foot wide easement to construct, maintain, and operate underground sewer lines. The sewer line was built close to the building structures, and caused the existing patio areas for Units 2 and 3 to encroach slightly into the 20 foot easement area. The easement obligates the District to restore any areas disturbed by the District except for structural encroachments. BOYD & BAZIL, LLP PROPOSED AMENDMENT Last year, the owners of Units 2, 4 and 9 requested approval from the architectural committee of the Association to build new decks. The owner of Unit 2 desired to build a deck which would encroach even more substantially into the District's sewer line easement. The Association approved the new deck for Unit 2 subject several conditions, which include that the owner of Unit 2 would (1) Install a new manhole; (2) Take over the maintenance and repair responsibility for the sewer line easement area located on Unit 2 and in the Common Area adjacent to and to the South of Unit 2; (3) Allow the Association or the District to enter into the easement area and make any necessary emergency repairs or maintenance on the sewer line; and (4) Prepare a plat amendment memorializing this arrangement. The approvals for Units 4 and 9 required a plat amendment showing the size and location of the new decks. The decks have now been built and surveyed, and the owner of Unit 2 installed the required manhole. Attached as Exhibit "D" hereto is the proposed Second Amendment to the Condominium Plat of the Trustee Townhomes at -the -Aspen Meadows. The changes to the plat map include: (1) As -built descriptions of the new decks for Units 2, 4, and 9; (2) A delineation of the amended sewer line area and new manhole; (3) The addition or correction of information as to the size of all units and location of improvements; (4) The deletion of an unnecessary plat note (5) The revision of Plat Note 9 (now 8) to reference the document which will contain owner approval for the proposed plat amendment, attached as Exhibit "E" hereto; and (6) The addition of a new Plat Note 9 to reference the proposed Easement and Sewer Line Maintenance Agreement (the "Agreement") which will be entered into with the owner of Unit 2 for maintenance of the sewer line as discussed above. The Agreement is attached as Exhibit "F" hereto. We have been working with the Aspen Consolidated Sanitation District in order to obtain its approval of the vacation of the easement and the assumption of the responsibilities for the vacated portion of the easement by the owner of Unit 2, and have added a signature block to confirm the Sanitation District's approval. REGULATORY BASIS FOR AMENDMENT Municipal Code Section 26.480.080A allows the Community Development Director to approve a insubstantial amendment, consisting of "technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat." The plat amendment requested herein is primarily required due to engineering difficulties encountered by the creation and dedication of a sewer line easement close to units which could not have been anticipated during the Plat or First Amended Plat approval process. Additional changes are required due to the short lifespan of the Association and the fact that the initial plat maps were at least in part created based on proposed structures that were not yet built, and due to development and modification inherent in the growth of a new subdivision. The changes are minor and do not effect any conditions or representations made for approvals. BOYD & BAZIL, LLP CONCLUSION In sum, we feel this application for plat amendment should be treated as an administrative plat amendment and approved by the Community Development Director on a summary basis. Once approved by the City, the Association will endeavor to obtain approval from 100 percent of the owners pursuant to the Colorado Common Interest Ownership Act. Please do not hesitate to contact me should you have any questions or desire any additional information. Sincerely, BOYD & BAZIL, LLP By: Tana . Godwin enc. cc: (All with enclosures) Mr. John Sarpa Karen Mehan, Esq. Mr. Fred Smith Mr. Presley O. Reed Harris Sherman, Esq. The Honorable Richard D. Lamm Robert Tibbals, Esq. F:Oiana Godwin\Meadows\l CityPlatAm. I r.wpd The Trustee Townhomes at the Aspen Meadows Condominium Association, Inc. David T. McLaughlin President Merrill M. Ford Vice President John G. Sarpa Secretary Presley Reed Treasurer June 29, 2001 Mr. Fred Jarman Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 1000 North Third Street Aspen, CO 81611 (970) 544-7900 Fax: (970) 925-4188 Re: Application of Trustee Townhomes at -the -Aspen Meadows Condominium Association for Administrative Plat Amendment Dear Mr. Jarman: The Trustee Townhomes at -the -Aspen Meadows Condominium Association, Inc. authorizes the law office of Boyd & Bazil, LLP to act on its behalf in pursuing an application for an administrative plat amendment. Our representative may be contacted at the following address and telephone number: Diana L. Godwin Boyd & Bazil, LLP 632 E. Izopkins Averuc; Aspen, Colorado 81611 (970) 925-7171 Please contact Diana Godwin or Rhonda Bazil if you require any additional information relating to this application. Sincerely, TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION, INC. By: John Sarpa, P esident JUN-29-01 FRI 11:36 AM SNOWMASS LAND CO FAX NO, 97 0234305 P. 02/02 06/28/2091 la! 44 9 i4666 PAGE 62/03 ASPE-N/PIrKIN Coy"jNITY DEVY-LOPMMNT DEPARTMENT ATrccment for Payment of City of Aspen DevelqRMent AIP.lication pees CITY OF AsrFN(hereinafterCITY) and he Tru�tc� �'� olll�s�-thee„ M�arinws Condominii (heri inafter APPLICANT) AGILE AS FOLLOWS: Association, Inc. I, APPLICANT has submitted to CITY an application for Administrative Plat Amendment (hereinafter, THE PRUJ•)~CT). 2. APPI-ICANT understands and aurccs that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structurc for LanMe applications and tha payment of all processing fees is a condition precedent to a determination of application Completeness. 3. APPLICANT and CITY agree that baeauso of the size; nature or scope of the proposed project, it is not possiblE: at this t'u',:e to ascertain tl^e full extent of the costs involved in processing the application. APPLICANT and CITY f,irther aQjee that it is in the interest of the pantes that APPLICANT make payment of an initial deposit and to rhereaftcr permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT aSrees addition-_-0 costs may accrue following their hearings and'or appreva s. APPLICANT aIrecs he will he benctircd by retainingrearer cash liquidity told will make additional payments upon notification by the CI"IY when they are necessary as costs are incurred. CITY agrees it will Sc benefited through the greater ccminty of recovering its fall costs to process APPLICANT'S application_ 4. CITY and APPLICANT further agrcc that it is impracticable for CITY staff to complete processing nr present suffr,:ienr information to the Plannin- Commission and/or City Council to enable the Planning Comrnl;sign and/or City Council to make legally required findings for project consideration, unless eurrert billings are paid in full prior to dtcisior. 5. 'therefore, APPLICANT agrees that in consideration of the CITY's waiver of ;ts right to collect full fees prior to a dettnnination of application completmcss, APPLICANT shall pay an initial deposit ir the a tlotutt of SI.Q-0..Afl which is for � hours of ComIrrunity Development Staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse t1je CITY for the processing of rbe application mentioned above, including post approval review. Such periodic payraems shall be made within 30 days of the billlna date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processinm, and in no cast will building permits be issued onril all costs as.ociawd with case processing have been paid. CITY OF ASPEN APPLICANT THE TRUSTFE TOWNHOMES AT-Tfi2;-Z4,SPZN 1�IEAD CO 7 Ili] IUY. A55.00YAT TON , 7 NC . $ l Julie Alen Woods n sa.rpa Community Development Director e: N, Jailing Address: 632.East Hopkins Aspen, CO 31611 ..support\forms\agrppy'as.doc 12/?7/49 EXHIBIT LIST A Condominium Plat of the Trustee Townhomes at -the -Aspen Meadows B First Amendment to the Condominium Plat of the Trustee Townhomes at -the - Aspen Meadows C First Amendment to Condominium Declaration and Condominium Plat for the Trustee Townhomes at -the -Aspen Meadows (the written First Amendment) D Second Amendment to the Condominium Plat of the Trustee Townhomes at -the - Aspen Meadows (proposed) E Second Plat Amendment For The Trustee Townhomes At -the -aspen Meadows (written owner approval for the proposed plat amendment) F Easement and Sewer Line Maintenance Agreement (proposed) FADiana GodwinWeadows\2Exhibit. l.wpd SECOND AMENDMENT TO THE CONDOMINIUM PLAT OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN SITUATED ON LOT 5 ASPEN MAEDOWS SUBDIVISION CITY OF ASPEN PITKIN COUNTY COLORADO. ♦ RFB AP CONTAINING 2.953 ACMES MORE OR LESB MEADOWS, A CONDOMINUM CERTIFICATION OF OWNERSHIP N V 1'-30 0 30 60 LOT 4 THE ASPEN MEADOWS SUBDIVISION 26295 LEGEND AND NOTES O FOUND REBAR WITH PLASTIC CAP WITH LS a AS DESCRIBED ❑ UTILITY BOX SURVEY CONTROL TF FIRE HYDRANT ® MANHOLE o- s--� FENCE • WATER VALVE G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT ® ELECTRICAL BOX AREA TABLE UNIT 1 6440 SF •/- UNIT 2 4871 SF •/ UNIT 3 4698 SF •/- UNIT 4 4973 SF •/- UNIT 5 5161 SF •/- UNIT 6 5086 SF •/- UNIT 7 5340 SF •/ UNIT 8 4637 SF •/- UNIT 9 3938 SF •/- UNIT 10 3637 SF •/ UNIT 11 3507 SF •/ LOT 5, THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, COLORADO, IS ZONED R/MF-SPA. LOT 4 THE ASPEN MEADOWS SUBDIVISION AMENDED SEWER EASEMENT TO ASPEN CONSOLIDATED SANITATION DISTRICT A twenty (20) foot ride sanitary sewer line easement being located within Lot 5 of the Aspen Meadows Final S.P A Development Plan Final Subdivision Plat, beingg o bdivision located in the No Half of Section 12, and the. of Section 1, Townshl 0 South, Range 85 West of the Si h Principal Meridian, County of Pitkin, State of Colorado, and being ten (10) feet on each side of the following described centerline, with sidelines extending and shortening as necessary to intersect with at lines: Beginning atint along the northerly fine of�id Lot 5, from Whence the northerly most corner thereof bears N 68-54.00' W. 55.91 feet with all bearings contained herein relative to said subdivisim pplat: Thence S. 12'31'17' W. 61.82 feet: Thence S. 10'59'03' W. 149.98 feet: Thence S. 03'08'52' E. 185.7J feet: Thence S. 33'26'07' E. 92.00 feet to the point of terminus, specifically excluding from this easement the existing patios located on Unit 3 of the Trustee Townhomes at the Aspen Meadows. SEWER EASEMENT FROM UNIT 2 TO TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION, INC. A twenty (20) foot wide sanitary serer line easement being located within Lot 5 of the Aspen MeadorIS Final S.P.A. Development Plan and Final Subdivision Plat, being a subdivision located in the North Half of Section 12 and the South Half of Section 1, Torn;hip 10 South Range 85 West of the Sixth Principal Meridian, County o Pitkin, State of Colorado, and being ten (1 0) feet on each side of the following described centerline: Beginningg at a point whence the most northerlyy corner of said Lot 5, bears N 33'26'07'W 92.00 feet N 03'08 52'W 185.70 feet N 10*59'03'E 149.48 feet, N 12631'17-E 61.82 feet, N 68'B4'00'W 55.91 feet Thence S 33'26'07'E 60.0 feet to the point of terminus. VICINTY MAP NOTICE: ACCORDING TO COLORADO UAW YOU MUST COMMENCE ANY LEOAL ACT ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PUT BE COMMENCED MORE THAN TEN YEARS FROM TIE DATE OF THE CERTIFICATION SHOWN HEREON THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. 262\ \ \ o \ 9' UpNIT 3 \ \ s F� \ AMENDED SEWEI \ AMENDED ARE, LOT 1 THE ASPEN MEADOWS SUBDIVISION LOT 1 THE ASPEN MEADOWS SUBDIJVSION Ij 1 LOT ) THE ASPEN MEADOWS SUBDIVISION RED CAP ILLEGIBLE HORIZONTAL CONTROL 4 C \ Np cpsNTO \ p ll O��'fS�'WS RETAINING WALL VACATED SEVER EASEMENT PLAT NOTES i. EASEMENTS OF RECORD ARE DESCRIBED HEREON, SEE PITKIN COUNTY TITLE, INC. CASE N0. PCT-11146, DATED: 2/3/97 FOR OTHER MATTERS PERTAINING TO THIS PROPERTY. 2. THIS CONDOMINIUM HAS VERTICAL BOUNDARIES ONLY. THE TERM -VERTICAL BOUNDARIES' IS DEFINED IN THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. SECTION 38-33.3-102(32). 3. FRONT DECK ON UNIT 2 EXTENDS UPON WATER EASEMENT. 4 ALL UTILITY SERVICE LINES AND CONNECTIONS SHALL BE GENERAL COMMON ELEMENTS. 5. THE NORTHERLY PROPERTY LINE OF EACH UNIT IS CONTIGUOUS WITH THE EXISTING NORTHERLY WALL OF THE BUILDING PRESENTLY LOCATED WITHIN EACH SUCH UNIT. 6 THE WATER SERVICE LINE AND THE METER PIT CURRENTLY SERVICING UNITS 2-9 SHALL BE RELOCATED ON UNIT 1. 7. IF REQUIRED BY HOLY CROSS ELECTRIC ASSOCIATION THE ELECTRIC LINE A SEMENT THROUGH UNIT 1 SHALL BE#OCATED PRIOR TO ISSUAN A CERTIFICATE OF OCCUPANCY. 8. THIS SECOND AMENDED PLAT AND THE DOCUMENT AUTHORIZING THE SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS RECORDED SIMULTANEOUSLY HEREWITH AS RECEPTION NO. AMENDS THE FIRST AMENDMENT TO THE CONDOMINIUM PLAT OF THE TRUSTEE TOWNHOMES AT -THE - ASPEN MEADOWS, A CONDOMINIUM RECORDED IN PLAT BOOK 42 AT PAGE 27: THE FIRST NDMENT TO THE CONDOMINIUM DECLAR ION AND CONDOMINIUM PLAT FOR T USTEE TOWNHOMES AT -THE ASPEN MF#WS RECORDED AS RECEPTION NO. 40 7: THE TRUSTEE TOWNHOMES AT -THE EN MEADOWS A CONDOMINIUM PLAT RECORDED IN PLAT BOOK 39 AT PAGE 16: HE. ASPEN M6ADOINS SPECIALLY PLANNED AREA DEVELOPMENT AND SUBDIVISION AGREEMENT RECORDED AT BOOK 647 AT PAGE 731: AND THE ASPEN MEADOWS FINAL SUBDIVISION PLAT RECORDED IN PLAT BOOK 28 AT PAGES 5-50, ALL OF THE RECORDS OF THE CLERK AND RECORDER, PITKIN COUNTY, COLORADO. 9. THE AREA LOCATED WITHIN AND ADJACENT TO UNIT 2 DESIGNATED AS AMENDED SEWER LINE EASEMENT AREA IS SUBJECT TO THE EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT RECORDED SIMULTANEOUSLY HEREWITH AS RECEPTION NO. . TYPICAL ORIGINAL STRUCTURE DIMENSIONS •/- 0.1' FOR UNITS 2-9 44.6 n ni e PATIO a CARPORT KNOW ALL PERSONS BY THESE PRESENTS THAT THE TRUSTEE TOWNHOMES AT - THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION INC., A COLORADO NON- PROFIT CORPORATION, ON BEHALF OF THE OWNERS OF UNITS 1 THROUGH 11 OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO 1 HAS BY THESE PRESENTS AMENDED THE PLAT PURSUANT TO THE AUTHORIZATION OF THE OWNERS FOR CONTAINED IN THE SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS RECORDED AS RECEPTION NO. OF THE RECORDS OF THE CLERK AND RECORDED, PITKIN COUNTY, COLORADO. THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM !ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION BY: BY: JOHN SARPA, PRESIDENT AMY MARGERUM, SECRETARY STATE OF COLORADO I ) SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2001 BY JOHN SARPA PRESIDENT OF THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEAD6WS CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION WITNESS MY HAND AND OFFICIAL SEAL, MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO ) COUNTY OF PITKIN l Bs THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2001 BY AMY MARGERUM, SECRETARY OF THE TRUSTEE TOWNHOMES AT-THE-ASPBN MEADOWS CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYORS CERTIFICATE I, JOHN HOWORTH HEREBY CERTIFY THAT IN JULY 2001 A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY AND THAT A BUILDING WAS FOUND TO BE ON THEREON, AS SHOWN ON THIS C04DOMINIUM MAP THE LOCATION AND DIMENSIONS OF THE BOUNDARY LIINES UTLITIES IMPROVEMENTS AND EASEMENTS SHOWN ON COMMITMENT FOR TITLE NSURANEE PREPARED BY PITKIN COUNTY TITLE INC., ORDER NO. , DATED: ARE ACCURATELY SHOWN ON THIS MAB AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCAT16N AND HORIZONTAL DIMENSIONS OF THE BUILDING AND INDIVIDUAL UNITS AND THE UNIT DESIGNATIONS THEREOF. THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH COLORADO REVISED STATUES 1973 TITLE 38, ARTICLES 33.3 AND 51. SURVEY PRECISION IS GREATER THAN 1:10,000. SIGNED: JOHN HOWORTH, C.P.L.S. 25947 TITLE EXAMINERS CERTIFICATION I, Vincent J. Higens, President of Pitkin County Title, Inc., do hereby certify that I have caused an examination to be made on the real property herein described and based on the examination, the following constitutes the fee simple owner(s) of the real property herein described, subject to liens and encumbrances of record: Units 1: Barrytoke and Julie Smooke Unit 2: Bell tain Partners Limited Portnersho an Illinois Limited Partnership Unit 3: Tie Aspen Institute, Inc., a Colorado non-profit corporation Unit 4: Presley 0. Reed and Patricia Reed Unit 5: Merrir. Ford and Robert Taylor 3rd Unit 6: Esther Ferguson and James L. Ferguson Unit 7: Jon Jones Sorpo, Mary Sarpa, John Sorpa and Dr. J.R. Sarpc Unit 8: The Aspen Institute, Inc., a Colorado non-profit corporation Unit 9: Richard D. Lamm and Harris D. Sherman UNIT 10: Kenross Lux, S.A., a Luxembourg coporation UNIT 11: M le High Holding Co. Pitkin Coulty Title, Inc. a Colorado Corporation By. Vincen J. Higens, President State of Colorado ) ) as. County of Pitkin ) The foregoing Certification SO acknoeledgged before me this day of 2001 by Vincent J. Rige0 1 President of Pitkin County Title, Inc. a Colorado corporation. Witness my hang and official seal. My commission expires: Notary Public CITY ENGINEERS APPROVAL THIS CONDOMINIUM MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS _ DAY OF , 2001. CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS CONDOMINIUM MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN COLORADO THIS _ DAY OF 2001. DIRECTOR CLERK AND RECORDERS CERTIFICATE THIS CONDOMINIUM MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO AT _OCLOCK M. THIS DAY OF 2001) AND RECORDED IN PL�tT BOOK Af PAGE AS RECEPTION NUMBER CLERK AND RECORDER ACCEPTANCE OF DEDICATION OF SEWER EASEMENT AND VACATION OF AMENDED SEWERLINE EASEMENT AREA AND VACATED SEWER EASEMENT: BY: THE ASPEN CONSOLIDATED SANITATION DISTRICT A OUAZI- MUNICIPAL CORPORATION OF THE STATE OF COLORADO WITHIN COUNTY OF PITKIN PREPARED BY i ASPEN SURVEY ENGINEERS) INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB SHEET 1 OF 1 8/01 25192M RIBIT D FIRST AMENDMENT TO CONDOMINIUM DECLARATION ."D AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS THIS First Amendment to the Condominium Declaration and Condominium Plat for the Trustee Townhomes at -the -Aspen Meadows (the "First Amendment") is entered into effective as of March 31 , 1997 by and among The Aspen Institute, Inc., a Colorado not - for -profit corporation as the Declarant ("Declarant"), The Trustee Townhomes at -the -Aspen Meadows Condominium Association, Inc. (the "Association") and Bell Mountain Partners Limited Partnership, an Illinois Limited Partnership, The Aspen Institute, Inc., a Colorado non-profit corporation, Presley O. Reed, Merrill M. Ford, James L. and Esther B. Ferguson, John Sarpa and Jan Jones Sarpa, Dr. J.R. Sarpa and Mary Sarpa, David T. McLaughlin, Harris D. Sherman and Richard D. Lamm ("Owners"). RECITALS: A. The Declarant, under that certain Condominium Declaration for THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, dated January 31, 1996, and recorded February 6, 1996 as Reception No. 389723 of the records of Pitkin County, Colorado (the "Declaration") and the Condominium Plat of THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, recorded on February 6, 1996 in Plat Book 39 at Page 16 of the records of Pitkin County, Colorado (the "Plat"), condominiumized the real property (the "Property") described therein; and B. The Owners are all of the owners of the Units on the Property; and C. The Declaration at Paragraph 8.1 and the sale and purchase agreements between the Declarant and the original Unit purchasers obligated Declarant to construct garages for the Units. The garage locations are shown on the Plat as "Designated Area of Expansion - Proposed Limited Common Elements -Garages"; and D. Under the terms and conditions of that certain Designation and Assignment of Special Declarant Right, recorded on February 6, 1996 as Reception No. 389724 of the real property records of Pitkin County, Colorado, Declarant assigned the obligation to construct the garages to the Association; and E. The Owners are desirous of releasing the Association from the obligation to construct the garages and to convert the Proposed Limited Common Elements - Garages to General Common Elements; and F. Declarant is desirous of approving an amendment to its reserved rights pursuant to Section 13.3 of the Declaration; and IIIIIII IIIII IIIIIIIIII IIIIII III IIIIIIII III IIIIIIIIIIIII 403007 04/01/1997 03:42P AMEND DEC 1 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI EXHIBIT C G. The Association has caused to be replaced an existing sewer line, and the Association and the Owners are desirous of amending the Plat in order to show and dedicate and easement for the alignment of the sewer line; and H. As part of the Plat amendment, the Association and the Owners are desirous of relocating the boundaries for Units 1, 10 and 11, modifying the size of Units 1, 10 and 11 and modifying the boundaries of the General Common Elements in order to accommodate such relocations. NOW, THEREFORE, the Owners, Declarant and Association, hereby amend the Declaration and the Plat as follows: Section I Amendments to Declaration 1. The second paragraph of Paragraph 3.2, Owner's Rights in Unit and Responsibility to Maintain Units and Limited Common Elements, is hereby deleted in its entirety and replaced with the following new paragraph: 3.2 (second paragraph) Except as otherwise provided herein, each Owner shall have the responsibility and duty, at its sole expense, to maintain and repair its entire Unit in good, clean, attractive and sanitary condition, order and repair, including without limitation, the interior plumbing, heating, electrical systems, foundation, structural components, retaining walls, roof, exterior doors and windows, landscaping and terraces. Notwithstanding the foregoing, the painting and/or staining of the exterior walls of the Unit shall be the responsibility and duty of the Association as provided hereafter. 2. The second paragraph of Paragraph 4.2, Association Duties of Maintenance and Repair, is hereby deleted in its entirety and replaced with the following new paragraph: 4.2 (second paragraph) The Association shall be responsible for painting and/or staining the exterior of the Units, at least every five (5) years, unless it is unanimously agreed to otherwise by all the Owners. No prior approval of Owners shall be required for such work. 3. The second paragraph of Paragraph 6.1, Assessments - Generally, is hereby deleted in its entirety and replaced with the following new paragraph: 2 111111111111111111 IN 11111111111111111111111111111 IN 403007 04/01/1997 03:42P AMEND DEC 2 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI 6.1 (second paragraph) Provided, however, that while Units 1, 10 and 11 ("Vacant Unit(s)") remain vacant and unimproved, regular or special assessments shall not be due and payable by the Vacant Unit Owner(s). Upon development of the Vacant Units, if the Association has renovated or installed capital improvements benefitting all the Units, including utility infrastructures or the developer of the Vacant Units ("Developer") installs or renovates the utility infrastructure, an assessment equal to the pro-rata share of the actual costs of construction and fees based on each Unit's undivided interest in the Common Elements shall be due and payable to either the Association or Developer as appropriate. Notwithstanding the foregoing, the Owner of the Vacant Units shall pay forty (40) percent of the actual cost of construction of the sewer line as shown on the First Amendment to the Condominium Plat. 4. Paragraph 6.3, Special Assessments - Common Expenses, is deleted in its entirety and replaced with the following new paragraph 6.3: 6.3 A special assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments to provide for the renovation, repair or replacement, to the extent not covered by insurance, or to provide for extraordinary maintenance, if the Board of Directors so determines, to the General Common Elements. Owners shall have the right to ratify any special assessment using the procedures set forth above 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 and except as necessary for emergency repairs, or except as necessary to assess against an Owner the expenses caused by such Owner's misconduct as determined by the Board of Directors. 5. Paragraph 7.2, Additions, Alterations, and Improvements Requiring Board Approval, shall be modified by the addition of the following sentence to the end of the second paragraph: - 3 1111111111111111111111111111111111111111111111111111111 403007 04/01/1997 03:42P AMEND DEC 3 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI 1 Nothing herein shall preclude the assignment of a share of the density, floor area or other land use component from one Owner to another Owner. 6. Paragraph 8.1, Reservation of Rights to Declarant, Subsection (a), is deleted in its entirety and replaced with the following new paragraph 8.1(a): 8.1(a) The right of Declarant, without the obligation to do so, to develop structures on Units 1, 10 and 11, within the "Designated Area of Expansion" shown on the Plat, and as permitted in the Development Approvals. Any amendments to the Development Approvals, as may be modified from time to time, may require the review and approval of the City of Aspen and its Historic Preservation Commission. Upon completion of the construction of the development within Units 1, 10 and 11 in accordance with the Development Approvals, the Declarant or Association (at the expense of the Owners of Units 1, 10 and 11) shall execute and record a Supplemental Plat reflecting the location of the improvements. 7. Paragraph 8.1(b) is hereby deleted in its entirety. 8. Paragraph 13.3 is hereby deleted in its entirety and replaced with the following new paragraph 13.3: 13.3 At any time until the first Condominium Unit is conveyed by Declarant as reflected by a deed recorded in the office of the County Clerk and Recorder of Pitkin County, Colorado, Declarant may revoke this Declaration and the Plat and terminate condominium ownership of the Project by the recording of a written instrument setting forth DeclarantIsintent to so revoke and terminate. Except as otherwise provided herein, any provision contained in this Declaration and the Plat may be amended, or additional provisions may be added to this Declaration and the Plat, or this Declaration and condominium ownership of the Project may be terminated or revoked, by the recording of a written instrument or instruments specifying the amendment or addition or the fact of termination and revocation, executed by the Owners representing sixty-seven percent (671) 4 I IIIIII "III IIIIII IIII IIIIII III IIIIIIII III IIIII IIII IN 403007 04/01/1997 03:42P AMEND DEC 4 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI of the undivided interests in Common Elements. The written instrument may contain an authorization or appointment for the Association to execute amendments to the Plat. Notwithstanding the foregoing, the provision with respect to the Declarant's reservation of rights may not be amended or revoked without the consent of the Declarant, its successors and assigns. Section II Amendments to Plat 1. Ratification. The parties hereby ratify, consent to and approve the First Amended Condominium Plat, which is recorded on /G=gi, 1997 as Recepti,_,n &. oil (the "First Amended Plat"). The Association is hereby appointed to execute the First Amended Plat on behalf of the Owners. 2. Deletion of Limited Common Element. The Limited Common Elements appurtenant to Units 1 through 11 are hereby deleted. The areas formerly designated as "Limited Common Elements" and "Designated Area of Expansion, Proposed Limited Common Elements - Garages" on the Plat are hereby redesignated as General Common Elements, as shown on the First Amended Plat. 1 3. Vacation of Sewer Easement. The sewer line reflected on the Plat as "origin unknown", crossing the General Common Elements, Units 11, 10, 9, 8 and 7 in the northwest area of the Property, is hereby vacated. 4. Conveyance and Dedication of Sewer Line Easement. The Association and each Owner hereby grants and conveys to the Aspen Consolidated Sanitation District (the "District"), a quasi - municipal corporation of the State of Colorado within the County of Pitkin, an exclusive easement, twenty feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines, manholes, and appurtenances thereto, as well as for ingress and egress over and across such easement; together with any and all necessary rights -of -way for reasonable and convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably be necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Pitkin, State of Colorado, to -wit: A twenty (20) foot wide sanitary sewer line easement being located within Lot 5 of the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat, being a 5 111111111111111111 IN IIIIII 111 403007 04/01/1997 03:42P AMEND DEC 5 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI subdivision located in the North Half of Section 12, and the South Half of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, and being ten (10) feet on each side of the following described centerline, with sidelines extending and shortening as necessary to intersect with lot lines: Beginning at a point along the northerly line of said Lot 5, from whence the northerly most corner thereof bears N 6805410011 W. 55.91 feet with all bearings contained herein relative to said subdivision plat; Thence S. 12031'1711 W. 61.82 feet; Thence S. 1005910311 W. 149.98 feet; Thence S. 0300815211 E. 185.70 feet; Thence S. 33026'07" E. 164.29 feet to the point of terminus, specifically excluding from this easement the existing patios located on Units 2 and 3 of the Trustee Townhomes at the Aspen Meadows. located on a certain parcel of land owned by the Owners, situated in the City of Aspen, County of Pitkin, Colorado, described in Book 39 at Page 16 of the records maintained by the Clerk and Recorder of Pitkin County, and more particularly described as: Lot 5, Aspen Meadows Subdivision. Owners warrant that they have the lawful right to grant such an easement, right-of-way, and sewer mains and that the Owners, and any successors and assigns, will, at no time, permit any building or other permanent improvement to be hereafter constructed over said easement, reserving unto the Association and the Owners the right to relocate the District's facilities and appurtenances and to realign the easement at the Association or Owner's own expense, subject to the rules, regulations and specifications of the District. Following the completion of the purpose of any reasonable entry by the District upon said easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of entry thereon, except for trees, shrubs, plants, sidewalks, driveways, parking areas, or structural encroachments, whether temporary or permanent, thereon located or damaged thereby, including, but not by way of limitation, fences, decks, and landscaping structures. Except in the event of an emergency, the District shall notify the Association not less than three days prior to performing any activities that would result in the destruction of landscaping or other improvements in order to provide the Owners with an opportunity to preserve any improvements which interfere with the 11111111111 "I'll III' IIIIII III IIIIIIII III IIIII IIII IN 403007 04/01/1997 03:42P AMEND DEC 6 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI District's easement. The Association and Owners shall have a reasonable time to complete such preservation. 5. Cross Conveyances. The Owners hereby sell and quit claim to the Declarant any portion of the General Common Elements formerly shown on the Plat which are now located within the relocated boundaries of Units 1, 10 or 11, as shown on the First Amended Plat. Declarant hereby sells and quit claims to the Owners all of the General Common Elements shown and designated on the First Amended Plat. SECTION III MISCELLANEOUS PROVISIONS 1. Specially Planned Area Amendments. The Specially Planned Area approvals ("Development Approvals") from the City of Aspen ("City") have been amended pursuant to an application filed by the Declarant and Doug McPherson and approved by the City by Resolution 96-75. The Owners hereby consent to and approve the Development Approvals amendments contained in Resolution 96-75. 2. Definitions. All of the capitalized terms used herein shall have the same meaning as those set forth in the Declaration. 3. Authorization. This First Amendment and the First Amended Plat which it accompanies has been entered into and recorded in the Pitkin County real property records pursuant to Section 13.3 of the Declaration and pursuant to C.R.S. Sections 38- 33.3-208; 38-33.3-217(4) and 38-33.3-312. Except as amended and modified by this First Amendment, the terms, provisions, covenants, conditions and restrictions of the Declaration and the Plat are hereby ratified, confirmed and in full force and effect. To the extent there is any conflict between the terms and conditions of the Declaration or Plat and this First Amendment and First Amended Plat, this First Amendment and First Amended Plat shall control and govern. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day and year first above written. (SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON FOLLOWING PAGES) 7 I IIIIII IIIII IIIIII III' IIIIII III IIIIIIII III IIIIIIIII IIII 007 04/02/1997 03:42P AMEND DEC 7 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI The Aspen Institute, Inc., a Colorado Non -Profit Corporation By /vsv--� Secretary 5�y_nthia/Buniski, wner ck Units 1, 3, 10 and 11 and as Declarant ,a STATE OF t6t6 ) Q%v eec,%ow.os ) s s . County of P±t ) Acknowledged before me by Cynthia Buniski, Secretary of The Aspen Institute, Inc., a Colorado Non -Profit Corporation, as Owner of Units 1, 3, 10 and 11 and as Declarant, this 1An day of March, 1997. Witness my hand and official My commission expires: 3 1 seal. 11111111111 HIM IN IIIIII 111111111111111111111111111 403007 04/01/1997 03:42P AMEND DEC 8 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page Bell Mountain Partners Limited Partnership, an Illinois Limited Partnership By: Bell Highlarr js Corporatic , its general partner s vice presiaenz, Owner of nit 2 STATE OF ILLINOIS ) ss. County of Cook ) 1 Acknowledged before me by James S. Crown, vice president of Bell Highlands Corporation, general partner of Bell Mountain Partners Limited Partnership, as Owner of Unit 2, this day of March, 1997. Witness my hand and official seal. Notary Public :obl AL SEAL" VILLEGAS , State of Illinois Myn Expires 07l23199 I IIIIII IIIII IIIIII IN 111111111111111111111111111111111 403007 04/01/1997 03:42P AMEND DEC 9 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page z A " P// Pr ley 0. Reed Ow er of Unit 4 STATE OF COLORADO ) ) ss. County of Pitkin ) A ,..,!edged before me by Presley 0. Reed, as Owner c" r this 12A-- day of March, 1997. �Iitness my hand and official seal. •' �, , % mmission expires: MY COMMISSION EXPIRES: 2/1/99 3600 TABLE MESA DRIVE BOULDER. CO 10303 I IIIIII IIIII IIIIII IIII IIIIII III IIIIIIII III IIIIII III I'll 401007 04/01/1997 03:42P AMEND DEC C 10 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI :0 E'd S L� JO Mti-1 i33diS NIHW iS3M WdOS:2T Lb: 0-� SdW FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page ' y41A..f1 L �� Merrill M. Ford Owner of Unit 5 and Director of the Association STATE OF COLORADO ) ) ss . County of Pitkin ) Acknowledged before me by Merrill M._-.Ford as Owner of Unit 5 and Director of the Association, this day of March, 1997. Witness my hand and official seal. ", 00 My commission expires: Z Z / c-y 7,, �;•�,rp Notary Publfc I II'III IIIII I'I�'I IIII I'lll� III'llll'll I�I I'II'I I'I I"I 403007 04/01/1997 03:42P AMEND DEC ( 11 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 11 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page l sther B. Ferguson Owner of Unit 6 STATE OF COLORADO ) ) ss . County of Pitkin ) Acknowledged before me by Esther B. Ferguson as Owner of Unit 6, this day of March, 1997. 0. Witness my hand and official seal. My commission expires: �� at 8/� 0 o Notary Public���,.�...+u�'' I IIIIII IIIII 1111111111111111111111111111111111111111111 403007 04/01/1997 03:42P AMEND DEC 12 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 12 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page Jar've FLI Ferguson Ow er of Unit 6 STATE OF COLORADO ) ) ss. County of Pitkin ) Acknowledged before me by James L. Ferguson, as Owner of Unit 6, this (1'21- day of March, 1997. Witness my hand and official seal. My commission expires: Notary Public 11111111111111111 IN 11111111111111111111111111111 IN 403007 04/01/1997 03:42P AMEND DEC 13 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 13 FIRST AMENDMENT TO CONDOMINIUM DECLARATION 1 AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page Jan Jones Sarpa 61 Owner of Unit 7 STATE OF C ©L�R-Kip ss. County of Acknowledged before me by Jan Jones Sarpa, as Owner of Unit 7, this 1(3 day of March, 1997. Joy S. Higens/Notary Public My Commission oxpires 4/22/98 Witness my hand and official seal. 601 -:-as) H',nkins Aspen, Colorado 81611 My commission expires: w� • NOTARY : r �,T.. pUBIIC O �TFOF COLO�P J�� 1' q� % Notary Public 0 - I IIIIII 111111111111111111111111111111111111111111111111 403007 04/01/1997 03:42P AMEND DEC C 14 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 14 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page Mary Sarpa/ Owner of EPt 7 /� r STATE OF �O&e'x'C'L' ) ) ss. County of ))It ) 7q Acknowledged before me by Mary Sarpa, as Owner of Unit 7, this day of March, 1997. Witness my hand and off My commission expires: 111111111111111111 IN 111111111111111111111111111111111 453007 04/01/1997 03:42P AMEND DEC ( 15 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 15 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS rer arp�a./--of Unit " a OF COLORADO County of Pitkin Signature Page Director of the Association ss. Acknowledged before me by John Sarpa, as Owner of Unit 7 and Director of the Association, this 1— day of March, 1997. Witness my hand and official seal. .!o%S. Higerly/r:otary pubj,_ My Commission %pires 4/22/98 My commission expires: 601 East Hopkirs "s - ;, Colorado 81611 Notary) Public N07ARy u, PUBLIC O !F Of COLO�P I IIIIII "III IIIIII III' IIIIII 111 llllllil III IIIIII 111 I'll 403007 04/01/1997 03:42P AMEND DEC C 16 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 16 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page Dr. J.R. Sa a Owner of Unit 7 STATE OF%��`') ss. County of Acknowledged before me by Dr. this ✓ day of March, 1997. Witness my hand and official My commission expires: J- 0 J.R. Sarpa, as Owner of Unit 7, seal.,00 ,$yQ�,`IC otary Public I IIIIII "III IIIIII III' IIIIII III IIIIIIII III IIIIII III IN 403007 04/01/1997 03:42P AMEND DEC ( 17 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 17 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page lk� David T. McLaughl' Owner of Unit 8 a d Director of the Association STATE OF � ) s ) s s . County of �r�:t3tirft ) Acknowledged before me by David T. McLaughlin as Owner of Unit 8 and Director of the Association, this �� day of March, 1997. Witness my hand and official seal. My commission expires 3\�1qa Notary Publ IIIIII IN IIIIII III IIIIIIII III IIIIII III IIII 403007 04/01/1997 03:42P AMEND DEC ( 18 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI W. FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Q Richard D . Lamm Owner o Unit 9 STATE OF COLORADO County of `Pitkin ss. Signature Page Acknowledged before me by Richard D,,Lamm as Owner of Unit 9 and Director of the Association, this day of March, 1997. Witness my hand and official seal. My commission expires: 5 -"N tary Pu lic I IIIIII IIIII IIIIII III' IIIIII III IIIIIIII III IIIIII IIIIIII 403007 04/01/1997 03:42P AMEND DEC ( 19 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 19 FIRST AMENDMENT TO CONDOMINIUM DECLARATION AND CONDOMINIUM PLAT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Signature Page Harr s D. She man Owner of Unit 9 STATE OF COLORADO ) ) ss. County of Pitkin ) , "?,ck4.-owl�dged before me by Harris D. Sherman as Owner of Unit day of March, 1997. v ,�i,:�nZts- my hand and official seal. My, ammission expires: �,, S . ,07,W Notary Pub i 17 I IIIIII "III IIIIII 1111111111111111111111111111111111111 403007 04/01/1997 03:42P AMEND DEC ( 20 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI 20 SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS THIS Plat Amendment for the Trustee Townhomes at -the -Aspen Meadows is entered into effective as of , 2001 by and among Bell Mountain Partners Limited Partnership, an Illinois Limited Partnership, The Aspen Institute, Inc., a Colorado non-profit corporation, Presley O. Reed and Patricia Reed, Merrill M. Ford and Robert Taylord 3`d, James L. Ferguson and Esther B. Ferguson, John Sarpa and Jan Jones Sarpa, Dr. J.R. Sarpa and Mary Sarpa, Harris D. Sherman and Richard D. Lamm, Kenross Lux, S.A., a Luxembourg corporation, Mile High Holding Co., a Colorado corporation and Barry Smooke and Julie Smooke ("Owners"). RECITALS: A. The Owners are all of the owners of the Units described in the Condominium Plat of THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS, recorded on February 6, 1996 in Plat Book 39 at Page 16 (the "Plat") and the First Amendment to the Plat recorded on April 1, 1997 in Plat Book 42 at Page 27 (the "First Amended Plat"). B. The Association and each of the unit owners conveyed a sewer line easement to the Aspen Consolidated Sanitation District on March 31, 1997. The Easement was recorded in the records of the Pitkin County Clerk and Recorder on April 1, 1997 at Reception No. 403007 in the First Amendment to Condominium Declaration and Condominium Plat for the Trustee Townhomes at- the -Aspen Meadows. C. Bell Mountain Partners Limited Partnership ("Bell Mountain") is the owner of Lot 2, Unit 21. In connection with the approval by the Association for improvements by Bell Mountain to Lot 2 which encroach into the easement on Lot 2, Bell Mountain has agreed to assume the maintenance and repair obligations connected with the portion of the sewer line easement located on Lot 2 and in the General Common Elements adjacent to Lot 2, which portion is described on Exhibit A attached hereto and incorporated herein by reference (the "Easement"). D. The Board of Directors approved the transfer of the maintenance and repair obligations for the sewer line in the Easement to Bell Mountain subject to the conditions set forth in an Easement and Sewer Line Maintenance Agreement which shall be recorded in the Records of Pitkin County. E. The Owners are desirous of amending the Plat to vacate the easement from the Sanitation District and to transfer the ownership of the easement to the EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 2 Association, while the maintenance responsibilities are transferred to Bell Mountain and subsequent owners of Lot 2. F. The Association has authorized Unit 21 to install a new manhole on the existing sewer line, and the Association and the Owners are desirous of amending the Plat in order to show the location of the new manhole. G. The Association approved new decks for Units 21, 41 and 91 (Units 2, 4 and 9, respectively, as shown on the Plat) subject to the condition that the owners of Units 21, 41 and 91 prepare, execute and record an amended Plat showing the improvements upon completion of the construction of the decks. NOW, THEREFORE, the Owners hereby amend the Plat as follows: SECTION I AMENDMENT TO PLAT 1. Ratification. The parties hereby ratify, consent to and approve the Second Amendment to the Condominium Plat for the Trustee Townhomes at -the -Aspen Meadows, which is recorded simultaneously herewith on , 2001 as Book No. Page No. (the "Second Amended Plat"). The Association is hereby appointed to execute the Second Amended Plat on behalf of the Owners. SECTION II MISCELLANEOUS PROVISIONS 1. Definitions. All of the capitalized terms used herein shall have the same meaning as those set forth in the Declaration. 2. Authorization. This Second Plat Amendment has been entered into and recorded pursuant to Section 13.3 of the Declaration and C.R.S. Section 38-33.3-217. Except as amended and modified by this Second Plat Amendment, the terms, provisions, covenants, conditions and restrictions of the Declaration, the First Amendment to the Declaration, the Second Amendment to the Declaration, the Plat and the First Amended Plat are hereby ratified, confirmed and in full force and effect. To the extent there is any conflict between the Plat, the First Amended Plat and this Second Amended Plat, this Second Amendment shall control and govern. 3. Real Estate Records. The recording information provided in this Second Plat Amendment refers to documents recorded in the real property records of Pitkin County, EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 3 Colorado. IN WITNESS WHEREOF, the parties have executed this Second Plat Amendment as of the day and year first above written. (SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON FOLLOWING PAGES) Barry Smooke Julie Smooke Owner of Unit 1 Owner of Unit 1 STATE OF COLORADO ) ss. County of Pitkin ) Acknowledged before me by Julie Smooke, as Owner of Unit 1, this December, 2000. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. County of Pitkin ) day of Acknowledged before me by Barry Smooke, as Owner of Unit 1, this day of .2001. Witness my hand and official seal. EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 4 My commission expires: Notary Public BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP, an Illinois Limited Partnership General Partner Owner of Unit 2 STATE OF COLORADO ) ss. County of Pitkin ) Acknowledged before me by , General Partner of Bell Mountain Partners Limited Partnership, and Illinois Limited Partnership as Owner of Unit 2, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS PaSe 5 THE ASPEN INSTITUTE, INC., a Colorado Non -Profit Corporation Amy Margerum, Executive Vice President Owner of Units 3 and 8 STATE OF COLORADO ) ss. County of Pitkin ) Acknowledged before me by Amy Margerum, Executive Vice President of The Aspen Institute, Inc., a Colorado Non -Profit Corporation, as Owner of Units 3 and 8, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 6 Presley O. Reed Patricia Reed Owner of Unit 4 Owner of Unit 4 STATE OF ) ss. County of ) Acknowledged before me by Presley O. Reed, as Owner of Unit 4, this day of .2001. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. County of ) Acknowledged before me by Patricia Reed, as Owner of Unit 4, this day of .2001. Witness my hand and official seal. My commission expires: EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Paee 8 Merrill M. Ford Owner of Unit 5 STATE OF COLORADO ) ss. County of Pitkin ) Robert Taylor 3rd Owner of Unit 5 Acknowledged before me by Merrill M. Ford as Owner of Unit 5, this , 2001. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. County of Pitkin ) day of Acknowledged before me by Robert Taylor 3rd as Owner of Unit 5, this day of .2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 9 Esther B. Ferguson James L. Ferguson Owner of Unit 6 Owner of Unit 6 STATE OF COLORADO ) ) ss. County of Pitkin ) Acknowledged before me by Esther B. Ferguson as Owner of Unit 6, this .2001. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. County of Pitkin ) day of Acknowledged before me by James L. Ferguson as Owner of Unit 6, this day of 2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 10 Jan Jones Sarpa John Sarpa Owner of Unit 7 Owner of Unit 7 STATE OF COLORADO ) ss. County of Pitkin ) Acknowledged before me by Jan Jones Sarpa, as Owner of Unit 7, this .2001. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. County of Pitkin ) day of Acknowledged before me by John Sarpa, as Owner of Unit 7, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Paee 11 Mary Sarpa Dr. J. R. Sarpa Owner of Unit 7 Owner of Unit 7 STATE OF ) ss. County of ) Acknowledged before me by Mary Sarpa, as Owner of Unit 7, this 2001. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ss. County of ) day of Acknowledged before me by Dr. J. R. Sarpa, as Owner of Unit 7, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 12 Richard D. Lamm Owner of Unit 9 STATE OF COLORADO ) ss. County of Pitkin ) Acknowledged before me by Richard D. Lamm as Owner of Unit 9, this day of .2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Paee 13 Harris D. Sherman Owner of Unit 9 STATE OF COLORADO ) ss. County of ) Acknowledged before me by Harris D. Sherman as Owner of Unit 9, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Page 14 KENROSS LUX, S.A. a Luxembourg corporation Luciano Berti, President Owner of Unit 10 STATE OF COLORADO ) ss. County of ) Acknowledged before me by Luciano Berti, as President of Kenross Lux, S.A., a Luxembourg corporation, Owner of Unit 10, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT E SECOND PLAT AMENDMENT FOR THE TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS Pahe 15 MILE HIGH HOLDING CO., a Colorado corporation Jerome R. Strickland, President Owner of Unit 11 STATE OF COLORADO ) ) ss. County of ) Acknowledged before me by Jerome R. Strickland, President, Mile High Holding Co., a Colorado corporation, as Owner of Unit 11, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public F:\Diana Godwin\Meadows\2PIatAm.3.wpd August 3, 2001 (8:25PM) EXHIBIT E EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT This Agreement is made effective as of , 2001, by and between TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation, whose address is 1000 North Third Street, Aspen, CO 81611 (hereinafter "Association"), BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP, an Illinois Limited Partnership (hereinafter "Bell Mountain"), whose address is Unit 0021 Meadows Trustee, Aspen, CO 81611, and THE ASPEN CONSOLIDATED SANITATION DISTRICT (the "District"), a quasi -municipal corporation of the State of Colorado, whose address is 565 North Mill, Aspen, CO 81611. The parties recite and declare as follows: A. The Association and each of the unit owners conveyed a sewer line easement to the Aspen Consolidated Sanitation District on March 31, 1997. The Easement was recorded in the records of the Pitkin County Clerk and Recorder on April 1, 1997 at Reception No. 403007 in the First Amendment to Condominium Declaration and Condominium Plat for the Trustee Townhomes at- the -Aspen Meadows. B. The sewer line is for the benefit of the unit owners. C. Bell Mountain, owner of Unit 21 on Lot 2 of the Association, desires to construct a deck and landscaping which will encroach into the sewer line easement area located on Lot 2. D. In connection with the Association's approval of the deck and its encroachment, Bell Mountain has agreed to assume the maintenance and repair obligations relating to the portion of the sewer line easement located on Unit 21 and in the General Common Elements adjacent to Lot 2 and depicted on Exhibit A which is attached hereto and incorporated herein by reference (the "Easement"). E. In Order for the sewer line to remain for the benefit of the owners and the Association, and for the obligations of maintenance and repair of the Easement to run with Lot 2, the Sanitation District has agreed to the vacation of the Easement and Bell Mountain has agreed to re -convey the Easement (over Lot 2) to the Association and to assume all maintenance and repair obligations connected to the Easement. F. The Board of Directors approved the transfer of the maintenance and repair obligations for the Easement to Unit 21 and the proposed encroachments subject to the following conditions set forth in this Agreement. In consideration of the above recitals and the terms and covenants of this agreement, the parties agree as follows: Page 1 of 6 EXHIBIT F EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP THE ASPEN CONSOLIDATED SANITATION DISTRICT 1. Easement Vacation and Grant. The District hereby vacates the portion of its Easement described in Exhibit A attached hereto and incorporated herein by reference and Bell Mountain hereby grants, transfers and conveys unto the Association a perpetual, non-exclusive easement, twenty feet in width, and a right therein to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines, manholes, and appurtenances thereto, as well as for ingress and egress over and across such easement; together with any and all necessary rights -of -way for reasonable and convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably be necessary for any of the aforesaid purposes over Lot 2 as described in Exhibit A for ingress and egress and for the installation, operation, maintenance, repair, relocation and replacement of the as -built sewer line (the "Easement"). 2. Installation of Manhole. Bell Mountain shall install a manhole in the easement at the location specified in Exhibit A for the District to access the sewer line. Bell Mountain agrees to install the manhole as described in Exhibit A prior to the construction of any encroachments into the sewer line easement and to bear all costs for the installation of the manhole. 3. Maintenance and Repairs. Bell Mountain agrees to, at its sole cost and expense, maintain the sewer line located in the Easement in a good and safe order and repair and to restore or repair any damage to the sewer line and to replace any vegetation disturbed which is necessary to shield the deck from Unit 11 pursuant to the Resolution of the Board of Directors of the Association dated August 9, 2000. 4. Failure to Maintain, Restore, or Repair. In the event Bell Mountain fails to perform the installation, maintenance, restoration or repairs set forth in ¶¶ 2 or 3, or in the event of an emergency requiring immediate maintenance or repairs, the Association or the District may enter onto the property and make such maintenance and repairs, including any excavations and modifications to the encroaching improvements as are required to make necessary repairs. Bell Mountain shall reimburse the Association for and shall hold the Association and the District harmless from the costs associated with any emergency maintenance, or repair as set forth in this paragraph within thirty (30) days after receiving an invoice for such work. 5. Reimbursement of Additional Expenses. Bell Mountain shall reimburse the Association for all expenses related to the negotiation and documentation of this Agreement and the preparation, negotiation and recordation of the plat amendment reflecting the vacation of the easement by the District and the transfer of the Easement to the Association, and any other expenses authorized by § 7.2 of the Condominium Declaration. Expenses include, but are not limited to, reasonable attorneys' fees, application fees if necessary, and recording fees. Interest on any amounts 30 days past due shall accrue at the rate of 18% per annum. Page 2 of 6 EXHIBIT F EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP THE ASPEN CONSOLIDATED SANITATION DISTRICT 6. Collection and Enforcement Remedies. In the event Bell Mountain fails to timely reimburse the Association for any of the expenses set forth in ¶¶ 2, 3 or 4 herein, the Association may utilize any of the collection and enforcement remedies set forth in Section 6.6 of the Condominium Declaration for the Trustee Townhomes At -the -aspen Meadows Condominium, including but not limited to filing an assessment lien against Unit 21 for the amount of such costs, interest, and for reasonable attorney's fees and costs associated with the collection thereof. 7. Notices. Any notice or report required under this agreement shall be sent to the parties at the addresses listed below via first class mail, properly addressed and postage prepaid, unless such addresses change by written notice to each person concerned, in which event the new address given shall be used for the sending of such notice or report: TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION: Rhonda J. Bazil, Esq. Boyd & Bazil, LLP 632 E. Hopkins Avenue Aspen, Colorado 81611 BELL MOUNTAIN: David Bellack, Esq. P.O. Box 1248 Aspen, CO 81612 THE DISTRICT: Aspen Consolidated Sanitation District 565 North Mill Aspen, CO 81611 8. Personal Injury And Property Damage Liability. Any liability of the parties for personal injury to any worker employed to make repairs under this agreement, or to third persons, as well as any liability of the parties for damage to the property of any such worker, or of any third person, as a result of or arising out of repairs and maintenance under this agreement, Page 3 of 6 EXHIBIT F EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP THE ASPEN CONSOLIDATED SANITATION DISTRICT shall be borne by Bell Mountain. 9. Indemnity. Bell Mountain shall indemnify, defend and hold the Association harmless from and against any actual or threatened loss, claim, negligence, cause of action, liability, cost, expense (including attorney's fees and litigation expenses) or damages of any kind or nature associated with or arising from, whether directly or indirectly and whether foreseeable or unforeseeable, the grant, construction, or use of the Easement. 10. No Waiver. The failure of either party to this agreement to insist on the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 11. Paragraph Headings. The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. 12. Entire Agreement. This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement. 13. Modification of Agreement. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 14. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale or transfer of an Owner's unit shall be subject to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon all of the Subject Property. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 15. Governing Law; Venue, Attorneys' Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the Page 4 of 6 EXHIBIT F EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP THE ASPEN CONSOLIDATED SANITATION DISTRICT prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 16. Authorization of Signatures. tures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 17. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP, an Illinois Limited Partnership General Partner STATE OF COLORADO ) ss. County of Pitkin ) Acknowledged before me by , General Partner of Bell Mountain Partners Limited Partnership, and Illinois Limited Partnership as Owner of Unit 2, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 6 EXHIBIT F EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP THE ASPEN CONSOLIDATED SANITATION DISTRICT TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation I0 STATE OF COLORADO ) ss. County of Pitkin ) Title: Acknowledged before me by , Trustee Townhomes At -the -Aspen Meadows Condominium Association, a Colorado nonprofit corporation, this day of , 2001. Witness my hand and official seal. My commission expires: Notary Public THE ASPEN CONSOLIDATED SANITATION DISTRICT, a quasi- municipal corporation of the State of Colorado within the County of Pitkin am STATE OF COLORADO ) ss. County of Pitkin ) Acknowledged before me by _ Sanitation District, this day of Witness my hand and official seal. My commission expires: FADiana Godwin\Meadows\2SewerMaint.2.wpd Title: for the Aspen Consolidated 2001. Notary Public Page 6 of 6 EXHIBIT F