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HomeMy WebLinkAboutlanduse case.AP.1370 Mountain View Dr.A31-903i- oc) '/ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ / _ a U CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING U �� SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL U Name: ( Phone: Address: ` - Project: C r , J ws i a unc�0 Check # r ?� Date: ; , / Additional billing: *of Mom: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 5 5 90 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-013-23-00 A31-90 STAFF MEMBER: PROJECT NAME: Meadow Terrace Condominiums Insubstantial Plat Amendment Project Address: 1370 Mountain View Drive Legal Address: Lot 1, Block 1, West Meadow Subdivision Unit 2 APPLICANT: David & PeQgi Amory Applicant Address: 1370 Mountain View Drive, Aspen, CO REPRESENTATIVE: Same Representative Address/Phone: 925-4308 PAID: YES NO AMOUNT: $203.00 NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION: P&Z Meeting Date CC Meeting Date 1 STEP: 2 STEP: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO ep Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: _ City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: `' �-� '� INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty -X- City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Amy Margerum, Planning Director FROM: Kim Johnson, Planning Office RE: Meadow Terrace Condominium Insubstantial Plat Amendment DATE: July 2, 1990 SUMMARY: Planning Staff recommends approval of this insubstantial plat amendment. APPLICANT: David and Peggi Amory PROPOSAL: The applicant wishes to amend the 1977 plat to reflect the current conditions of unit #2 in the duplex structure located at 1370 Mountain View Dr. BACKGROUND: The original condo plat for this duplex was filed in 1977. In 1988, the Amorys expanded their 2 bedroom 1 bath unit of 800 s.f. to 3 bedrooms, 2 baths with 2,390 s.f. The expansion occurred within the expansion area allowed on the 1977 plat. REFERRALS: Engineering: Chuck Roth has forwarded the following comments: 1. A Title Certificate must be added to the plat. 2. The maximum allowable driveway width is 18 feet. Change the parking configuration and curb cut to be within this limit. STAFF COMMENTS: This proposal will update the original condo plat to current conditions. Expansion has taken place within original "designated area of expansion". No increased impacts to public facilities are calculated. As per the interpretation of Staff Attorney Fred Gannett in April 1990, Planning Staff feels that this project meets the criteria for insubstantial amendment as per Section 7-1006 A. which reads: "Insubstantial Amendment. An insubstantial amendment to an approved plat may be authorized by the Planning Director. An insubstantial amendment shall be limited to 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 Planning Director finds has not effect on the conditions and representations limiting the approved plat." The same covenants apply as per the original condominiumization. Conditions of approval are: Prior to filing the amended plat at the County Clerk and Recorder's Office: 1. A Title Certificate must be added to the plat. 2. The maximum allowable driveway width is 18 feet. Change the parking configuration and curb cut to be within this limit. RECOMMENDATION: Staff recommends that the Planning Director approve with conditions the Insubstantial Plat Amendment for the Meadow Terrace Condominiums (First Amendment). I hereby approve the above Insubstantial Plat Amendment for the Meadow Terrace Condominiums. Chi L � Amy I#argeru Planning Director Dat ATTACHMENTS: "A" - Original Condo plat, 1977 "B" - Proposed plat, First Amendment 1990 jtkvj/meadow.dirmem 00 0 Attachment "A" so OE A � d ~ O 2 D ry p \ p c Z 1 \ Z � a N • Otachment "B" Y o�rq I S 76 ` G i\ n C• I I st Avem M ?W- IN& Atan-bom • • TO Kim Johnson MESSAGE DISPLAY From: Chuck Roth Postmark: Jul 02,90 3:31 PM Subject: Reply to a reply: Plats Reply text: From Chuck Roth: Marolt - yes, one sheet. Amory - maximum allowable driveway width = 18 feet. His parking arrangement resulted in driveway width = 42.51. He will have to redesign his parking. Preceding message: From Kim Johnson: Please give me more details on the Amory solution. I didn't know we had mylars for Marolt. I'll keep my eyes out for them. Was it one sheet? From Chuck Roth: Dave Amory called (Meadow Terrace Condo) - I think that we have the parking problem worked out. Marolt Housing - Have you see the mylar of the plat? I still have your blueprints, but when I got back from vacation, the mylar was missing. "23-6r-0;� INSUBSTANTIAL AMENDMENT TO APPROVED SUBDIVISION Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a.pre-application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code.- If you have questions which are not answered by the materials in this package, we suggest that you contact the staff meml4er assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover VAN 1 5 to AT'D%aI-F27r 1 IAM USE APPLICATION FURM • 1) Project dame Sr 2) Project Location Al 7' d/ Ft✓ N (T 9 L_ 0 —r- / , 5 r c.a sv R DI !/t 5 / o.y (indicate suet address, lot & block rnmiber, legal description where appropri . -':e) 3) Present Zoning /C ` /� �� 4) Lot Size - b 0 + J 5) Applicant's Name, Address & Phone 7~ ��G /, f}/►'t Dim Y / 2 70 /y! 7.` k4-AdJ .-25R 6) Representative's Name, Address & Phone AMC AS A e C(J4e::f N 7) Type cf Application (please check all that apply): Cor-ditional Use Spacial Review 8040 Greenline Final SPA Stream Margin Final PLO Mountain View Plane Subdivision(��� Cor-dominiim,ization Text/Map Amendment Conceptual. Historic Dev- Final Historic Dev- Minor Historic Dr---v- Historic Demolition Historic Designation CMQS Allotment rot. Split/ -ort Line cM:�S motion Adjustment 8) Description of Existing i ng Uses (number and type of existing stzvct�; approximate sq- ft- ; niumber of bedrooms; any previous approvals granted to the property) - 9) Description of Development Application f� 10) have you attached the following? Resp e to Attachment 2, Minimrm Submission Oontents Response to AttaCment 3, Specific Submission Oontents Response to Attachment 4, Review Standards for Your Application ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications ATTACHMENT 3 Specific Submission Contents: Insubstantial Amendment or Exemption Approval By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. 3. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. at3.insubstantial Attachment 6 General Summary of Consent Agenda/Staff Approval Application Process 1. Application Types: The following are the Development Applications which are processed as staff level approvals: * Exempt Historic Development * Exempt ESA Development * GMQS Exemption for remodeling or reconstruction, minor development to a historic landmark, development of a single family or duplex dwelling or minor expansion of a commercial or office use. * Minor Amendments to approved Conditional Use, Special Review, SPA, PUD, Subdivision or GMQS. 2. Development Review Procedure Summary: The zero step staff approval application process is shown in the attached figures and can be described as follows. Stage one: Attend pre -application conference. The purpose of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. Stage Two: Submit development application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. ,The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. ri Subdivision Exception for Condominiumization Checklist I City of Aspen Engineering Department Project Name Address Owner Agent/Attorney/Representative Address Reviewed By Phone Date Prior to Council approval, the applicant shall submit a condomi- nium map including the following information: Survey Information Date of survey (within 12 months of application) Legal description Surveyor's certificate, signature, and seal Scale, north arrow, bearings, and dimensions — Description of survey monuments found and set Basis of bearings qi 4-c D1 - Structure to be condominiumized Accessory structures Lot lines Adjacent streets, alleys Sidewalks Curb & Gutter On -site parking Existing utility sources and meter locations Easements, fences, and encroachments Common areas (trash, parking, open space, etc.) Adjacent lots and subdivisions Zone district Irrigation and drainage improvements Disclosure of ownership Index sheet - -2- • Schematic Floor Plans and Cross Sections Individual units Common elements (mechanical rooms, utility areas, entryways,etc.) Elevations of floors and ceilings Limited elements for each unit (storage, etc.) Other elements as required in Colorado Revised Statutes Following Council approval, the following information shall be added to permit recording of the final plat. Recording Information Certificate showing approval by the City Engineer Certificate showing approval by the Planning Commission Certificate showing approval of the plat and acceptance of dedications and easements (if any) by the City Council with signature by the Mayor Attestation by the City Clerk Certificate of filing for the Pitkin County Clerk and Recorder Final Review by Date The ppp J1CC,c0 C.%fGC rP'l(5et,�tt�E cry i� j11 c ,i/,itce, r r<<�� �� i 1 ! 33? r` U -523 rk Ali (�) n.r•ans any n.urdeed n' tru:*, or Oil ,, s, •,'i'� �: ,ir, L by �..;rih a lend. : ii:iu^r 7nit or any ;,aet t'irrcut is encww.,ered. (f) "Mortgagee" moans any person named as the mortgagee or beneficiary under any niorig-ge which the interest of any o..ncr is encu+:►-,red. (g) ",c:�_n Ele:+-ants" means: (1) The real property upon which the building is located. (2) The foundation, colimns, girders, . —se supports, r,in ::ails and roof as shnwn on the Map. (3) Such partly or entirely enclosed air spaces rs are provided for cor:.iiunity or con.non use. (4) Ali other parts of tl.e property necessary or convenient to its existence, maintenance and safety or normally in com�mn use. (h) "General Common Elements" means those parts of the Common Elements which are not designated as "Limited Common Elements." (i) "Limited Corr.•non Elements" means those parts of the Common Elements reserved for the exclusive use of toe Jwners of less than all of the Condominium Units in the building. (j) "Ertire Premises." "Premises." "Project" or "Property" means and includes the land, the building, all improvements and structures thereon, and all rights, easements and appurtenances belonging thereto. (k) "Comou r. Expenses" means and includes: 0) All sums lawfully assessed against the Cor-41. Elements. (2) Expenses of administration and management maintenance. repair or replacement of the Common Elements. (3) Expenses declared coiienon expenses by the unit owners. 11) "Map" means the Condominium Map referred to in paragraph 2 below. _ (m) "Building" means the building iriprovement comprising a part of the property. (n) The title "Managing Agent" shall refer to the person, firo ur entity which shall be selected and appointed by the owner! of the condominium units in accordance with the provisions of Section 15 of this Declaration. (o) "Expansinn" r—cans Lhe Ueclarant, his successors in interest, assigns. or heirs reserve the right to expand the existing two units of the condominium project and, when con- structed, said expansion shall be an integral part of the condominium project. Such expansion is described and provided tar in article 10. • S%X332 P.1:: 525 7. ern -E '`"` '!T 7-AATiP%-•,OTICE TO ASSESSiR. OrCldrant „r or ; rt�,in County , t,- lorado, of t'.i c1 i, iri,. C": "—ni sp Ot. this property, ,is is provided by l" a.i, se fr. t un;t ..:,1 the interests ap,,urtenant t1loreto shall be deer,ed a ,Lparate pjr-Lel and subject to separate assess•nents and taxation. 3. TrT. r a .. i:. 1 • y be held end owed by mores th.n rr CO,unit rrl in cc:.„i,, u, in any real prU,.•r t)' tt : r.�y , ��?'.iJ:•'.';lp roi:69nri_ed under the laws of Colorado. 9. '' ;TI': ;T'rCF GENERAL C)M1,10', ELEMENTS. The Connon Elements t,.. 1- it. C,;._ ; :on by al l or the -)wners cf the condominiu„ units ar,d shill ram••;ik. ,,,Jivid,.d, and no owner shall bring any action for partition or aivisic,n of the Ccucmon Elements. By the acceptance Of his deed or r•! r ;r " conveyance or assignment, each owner speciiicall'v vr;;.e; r,rs ngnt to institute and/or maintain, rirtition action or ar; oU cr-:.Tico designed to cause a division of tha --wnon EIeri-cnts and eaz'l a.„•c.r specifically agrees not to institute any action therefur. Further, each owner agrees that this Section 9 may be pleaded as a bar to the i.aintc-n,:ncc of such action. A violation of this provision shall entitle tip,:.,•..,.. �tiJn to perso•ially collect, jointly and severally, from Eh-e parties viol tin; the same, the actual attorney's fees. costs and other d -.3;e tlic Association ircu,s in connection therewith. 10. tuPA':S;OtI OF PROJECT. (a) R_c•srrvatior of Right to Ez and. Declarant, his Nuccessors to ni-trrest, assigns or heirs reserve the right to expand this ccr,J:;,i iLm project within designated expansion bou,)daries as reflect;J in the Condominium map. Any additional building none pursuant to this article shall be architecturally compatible with the existing Structure. All construction shall be performed in a qualityand wor'kran-like manner and shall comply with appropriate city building soecifi:ations. (b) Su_lemental Condom,niu,n Hap. Such expansion may Lit:er.con.Pl-fished ;,y filing for records by Declarant, his successors in interest, assio_rs or heirs in the r t..in County, Colorado, real ! estate rccurds no later then ten vear� from the date of h1� 7 7 — declaration a supp e�entan con or3�rriniu:n map which accurately net e~Tects the expansion. The expansion may be accomplished in stages by filing successive supplemental condominium maps. ' (c) E mansion of Definitions. In the event of such expansion, the def n t ohs usr in this declaration automatically shall oe expanded to encompass and refer to the condo;niniun project as so expanded. The recordation in the Pitkin County, Colorado, real estate records of a supplemental condominium map incident to ar,y expansion shall operate automatically to grant, transfer and convey to the uwne-s of condominiur, units in the project as it existed before such expansion undivided interests in the new common elements added to the project as a result of such expansion. (d) Decla-atiorr Operative on New BuilCings. Any such expansion sha P be subject to a T —the-terns and conditions of this (leclaration aid of such supplemental Declaration or Declarations and shall be subject to condominium ownership with all the incidents pertaining t'rereto as specified herein, upon placing the supplemental condominium reap and supplemental condorinium declaration of public record in the Pitkir, Cour.ty, Colorado real estate recordz. (e) Added Expenses. The Declarant, his successors in interest, i'sstgns or e•rs shall be individually responsible for additional maintenance and additional expenses incurred by expi,-,;:.n of existing units. e�1eY 332 rut 520" (`! i — nt•. In tn.- e•v,nt Of csoansion th, ^ir, int,•rr,t, u,;i , or hears shall .`�►•�ule I, �,,�u;,.,ts as n.iynt be re•luired. shill t 1.e,1U'I 'f `:;T ;E'.:�'•L ;,!�D LIMITED CO"'"_Y ELc_1ENT_S. Each owner t,:a t,. i .I,,:t. rsr:ia and possession of his apartment. ' '.,n Eli _::ts in accordance with the id. ►ritlrout hindering or encroachiry upon 12. VE �`'• ' %' :�'�. Each condo-iinium unit shall be used and oeee::lied solely 't:r i,�::_&�ial ?uro;ues, and except as provided in this paraSfa.-h. ac tr,,co or tus;ness of any kind may be carried on therein. Lease or rcnt'1 ^` cond,):,ifr for lod in al _�--- L�m unit y g or residential sF,,l`_�,convenant — purposes 13. EASF`*F%TS FCR ENCROACr•.'MFNTS. If any portion of the Common Elements now or h;r_c j;tar encroacnes upon anot..,^ apartlaent unit as a result of the spitting or settling of the building, - is a result of repair due to dz:aj,, destruction or condemnation, a valid easement for the encl'OJLhZ.Mt ,,;a r.r the rr.air,tenance of same, So long as it stands, shall anJ &-s exist. :n z:Iy portion of an apartment unit now or hereafter encroaches upon the Common Elements or upon an ad;oining apartment unit or us,:ts a; a result of the shifting or settling of the building, 3r as a result of repair due to dL;rage, destruction or condemnation, a valid eas(,;.ent for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. For title or other purposes, such encroachment and easements shall not be considered or determined to be encui.,brances either on the Curzon Elements or the apartment units. 14. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No labor perfomed or materials- furnished and incorporate Fan apartment unit with the consent or at the request of the owner thereof or his ager,t or nis contractor or subcontractor shall be the basis for filing of a ;ien against the apartment unit of any owner not Expressly consenting to or renuesting the same, or against the Common Elements owned by such other owners. Each otiner shall indemnify and hold harmless each of the other owner; from and against all liahilit.y arising f,-om the claim of any Mien against the apartment unit or any other owner or against the Comn&on Elements for construction performed or for labor, materials, services, or other ,,rodeetS incorporated in or otherwise attributable to the owner's .,Part -.ant unit at such owner's request. That notwithstanding the foregoing, any mortgagee of a condominium unit who shall become the owner of such condominium unit pursuant to a lawful foreclosure sale or the taking of a deed in lieu of foreclosure shall not be ender any obligation to indemnify and hold harmless any other owner against liability for claims arising prior to the date such mortgagee becomes an owner. IF. ADMINISTRATICY AND MAN%GEMENT; MANAGING AGENT. The adrrrini- stratio• and manayement of this condomintum property snail be guverned by the Articles of Incorporation and ay -Laws of the Association. An owner of a condominlum unit, .won becoming an owner, shall be a inEmber of the Association and shall re'ain a member for Che pertcd of his ownership. The Association shall be initially gcverned by a Bcard of Manegers is is pruvided in the By -Laws of the Association. The Association may delegate by written agreefrent any of its duties, pcwars and functions to any person or fire to art as Managing Agent at an agreed eompensatien. No further delegstion. however, shall be valid for a period of longer than three (.') yearx from: the date of enlerim,g into the ag'ecQent, and any agreerne•,t entered into Ly tr►e Association must be cancellable at its opt'..& upon ninety (90) days' written notice by tt* Association to the of..er party or parties, The Association shall be granted all of the rower_ necessary to govern, manage, '..ntain, administer am r'e9ulate this condminiuw D'oject and perform all of the duties required of it. Notmithstarding the abrve. unless On& • AMENDMENT TO CONDOMINIL: DECLARATION FOR MEADOW TERRACE CONDOMINIUMS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, STEIN THOR JACOBSON, Declarant, by Condominium Declaration for Meadow Terrance Condominiums, recorded on July 29, 1977, in Book 332 at Page 522, in the office of the Clerk and Recorder for Pitkin County, Colorado, established a condominium under the Condominium Ownership Act of the State of Colorado upon the following described real property situated in the City of Aspen, County of Pitkin, State of Colorado: Lot 1, Block 1, West Meadow Subdivision, according to the Plat thereof recorded in Ditch Book 2A at Page 245 of the real property records of Pitkin County, Colorado. WHEREAS, Article XIX of said Condominium Declaration provides that this declaration can be amended if the owners of all units and all holders of any recorded mortgages or deeds of trust covering or affecting any of the condominium units consent and agree to such amendment by instrument which shall be duly recbrded. NOW, THEREFORE, all owners and holders of deeds of trust hereby consent and agree to amend the Condominium Declaration for the Meadow Terrace Condominiums as follows: Paragraph 10. Expansion of the Project. Subsection (b) Supplemental Condominium Map. is modified in its entirety, and shall read as follows: "Such expansion may be accomplished by filing for record by Declarant, his successors in interest, assigns or heirs, in the Pitkin County, Colorado, real estate records no later than twenty (20) years from the date of this Declaration, Supplemental Condominium Map or Maps which accurately reflect any expansions which take place in the designated area of expansion. The expansions may be accomplished in stages by filing successive Supplemental Condominium Maps." In all other respects, the Condominium Declaration for Meadow Terrace Condominiums shall remain the same. IN WITNESS WHEREOF, all owners and holders of deeds of trust have duly executed this Amendment to Condominium Declaration this day of July, 1987. ASPEN SAVINGS & LOAN ASSOCIATION Holder of Deed of Trust affecting Unit , Meadow Terrace Condominiums ASPEN SAVINGS & LOAN ASSOCIATION Holder of Deed of Trust affecting Unit .Z , Meadow Terrace Condominiums d By �"t . Robert A. Slade, Vice -President ert . Slade, Vice -President (ADDITIONAL SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON PAGE 2) - 1 - extent u1 THIS VoEo I ; FOR STATISTICAL 1 Policy Number 4 Policy Amount 7 Effective Date PURPOSES ONLY r,i D IS NOT A PART 2 Propert 5 Premium 8 Survey Amendment OF THE POLICY. 3 Count 6 Rate Rule 9 Additional Chains_ s s 85 1 L2_L3 - -- 4 - 5 - -- -- _--.6 - - - 7 ---- 8 9 Layers Title Insurance (grporation Schedule A OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER THE POLICY NUMBER SHOWN PCT-764-85 JANUARY 15, 1986 $100,000.00 ON THIS SCHEDULE MUST 85-00-492735 AGREE WITH THE PREPRINTED @ 4 : 18 P.M. NUMBER ON THE COVER SHEET 1. Name of Insured: DAVID S. AMORY and MARGARET McCARTHY AMORY 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: DAVID S. AMORY and MARGARET McCARTHY AMORY 4. The land referred to in this policy is described as follows: CONDOMINIUM UNIT 2, MEADOW TERRACE CONDOMINIUMS, according to the Condominium Map thereof recorded in Plat Book 6 at Page 8-9, and as defined and described in the Condominium Declaration for Meadow Terrace Condominiums recorded in Book 332 at Page 522. COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC. Pol, 85 (Rev.12/79) Form No. 035-t085-0000/2 Authorized officer or Agent This Policy is invalid unless the cover sheet and Schedule B are attached ORIGINAL ASPEN, COLORADO. Issued at (Location) ALTA Owner's Policy Form B 1970 (Rev. 10-17-70) Copyright 1969 .v}��rs , Itle Insurance (ration(rationj 0 OWNER'S POLICY CASE NUMBER DATE OF POLICY THE POLICY NU448ER SHOWN ON THIS SCHEDULE POLICY NUMBER MUST AGREE WITH THE PREPRINTED NUMBER PCT-764-85 JANUARY 15, 1986 ON THE COVER SHEET 85-00-492735 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for 1986 not yet due or payable. 7. Building and restrictive covenants attaching to and running with the title as imposed by instrument recorded in Book 185 at Page 211 and amendments thereto recorded in Book 191 at Page 197 and in Book 187 at Page 183. 8. Easements for utilities.as may be shown on the plat of said Subdivision (West Meadow Subdivision) 9. Reservations contained in the United States patent as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws, and decisions of courts and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law." 10. Encroachment as disclosed on the Condominium Map recorded in Plat Book 6 at Pages 8-9. 11. Any loss cr damage caused by the fact that the Condominium Declaration makes it possible to reduce the percentage of ownership in the Common Elements appurtenant to a Condominium Unit. 12. Deed of Trust from : James M. Frazier to the Public Trustee of the County of Pitkin for the use of Aspen Savings and Loan Association to secure $60,400.00 dated September 21, 1977 recorded September 22, 1977 in Book 335 at Page 322. reception no. 197572 13. Terms, conditions, provisions and obligations as contained in the Condominium Declaration for Meadow Terrace Condominiums, recorded in Book 332 at Page 522 and First Amendment thereto recorded in Book 335 at Page 318. Policy 85 Rocky Mt. (Rev. 2-79) Litho in U.S.A. Form No. 035-0-085-0502/1 ALTA Owner's Policy -Form B 1970 (Rev. 10-17-70) Copyright 1969 ORIGINAL w FIRST AMENDMENT OF THE CONDOMINIUM MAP OF THE MEADOW TERRACE CONDOMINIUMS OWNER'S CERTIFICATE r HY17lzA O e-Z--43G. v✓AuL LEGEN D 0 G-o R �EE F_ 1_ � ✓� �� SPAc-�_ bt/E.K-1L A r�1 ts� • WooD l-6­JC­E- I►_lE- ;4 VA eTA-t_ F 6-k] C 1.1 w1 e- - Alli---E0+ of F�1P4�5tor�I �ov.Jb4�`f t !sl l J ATE-17 4 0 f d oF�- EaC P�4 rJ s a r.1 U-L�.E� cA J-J��A � Go�Motil E.t_F MF-�1-r" c,. G . � yt►�rTF v Gor'tMo�J ���n�,.l-r of ?ovVG.�, Pot�� L N C� F! �-1 tiI vl N I F,1s1�1'r CEO E 4q E�o N 4 p VICINITY MAP NOTES S�J�-✓ram( >345c-o oral -r+�� GorJpor^��JIJM N14P of r•'l�l�o�,c/ TE-��.h« GorJpo►�11w�IJM� t�t-QT P.�a-�_ (o� pY{�1�8 E 1 E�/A rtor�l�j �i4 p c>" MA",j Et 6-✓4TIe>f J tz-E.G-e-D FK-C%1� Iz�Cz k--- (o ) VA Cm E- S . LJo•te�-: AGLOR.+71nj&t To Got.o¢-Apo LAvj YCIJ Mir A-J`( L -rnAL- AGTio,..I st)! YeAV-s AP-rez- YoJ .F�,Z-yr �i dr s�Jua vEr 7. uJ ao EWE-JT, MAY AiIY Po->cn LJpot-J Afl,f oEr-ez4- I tiJ TN tt, t ij "f-( *r- Cc>�E.O c - p rloQ G -TUAO -retJ Y(:-a>=-17 a rLoM - 46- PATe-_ or- -r► e- o� k:NOW ALL MEN BY THESE PRESENTS T.!AT MP�Tc?I3LE �.R�vS! ._DE_Luca Ally-/EL_MMo �F 4A11f_.... t?_s3Rf=.Nr�II_ R BEING THE OWNERS OF UNIT 1 AND r­>A'y..LL?MQFRY„-_---__---...__AND.._ M.P� S�.A%x- _._.M .C-As __AM01�Y BEING THE OWNERS OF UNIT 2. MEADOW TERRACE CONDOMINIUMS DO HEREBY AMEND THE ORIGINAL CONDOMINIUM MAP OF THE MEADOW TERRACE CONDOMINIUMS RECORDED IN PLAT BOOM•. _._._.._-AT PAGE PITKIN COUNTY RECORDS AS SHOWN HEREON: SUBJECT TO THE ORIGINAL DECLARATION OF THE MEADOW TERRACE CONDOMINIUMS RECORDED IN BOOK _ AT PAGE PITKIN COUNTY RECORDS AND THE FIRST AMENDMENT TO THE DECLARATION OF THE MEADOW TERRACE CONDOMINIUMS RECORDED IN BOOK Date , owner unit 1 ------------------ ------------------------------- Date , owner unit c --------------------------- -------------------------------- Date , owner unit 2 STATE OF COLORADO) )ss COUNTY OF PITKIN ) THE FOREGOING OWNERS DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF OCTOBER, 1987 BY _ _.-___--- AS OWNER. OF UNIT 1. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSIONS EXPIRES: ------------------------ ---..- - Notary Public STATE OF ) )ss COUNTY OF ) THE FOREGOING OWNERS DEDICATION WAS ACKNOWLEDGED BEFORE ME THISDAY OF, 1987 BY THE OWNERS OF UNIT 2. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: Notary Public SURVEYOR'S CERTIFICATE 1. DAVID W. Mc BRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO• HEREBY CERTIFY THAT IN OCTOBER. 1987 A SURVEY WAS MADE BY ME OF THE MEADOW TERRACE CONDOMINIUMS, CITY OF ASPEN COLORADO AND FOUND THEREON AN EXISTING DUPLEX AS SHOWN ON THIS PLAT. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES. BUILDING, AND IMPROVEMENTS• IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY SHOWN ON THIS MAP. AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL MEASUREMENTS OF THE BUILDING. THE CONDOMINIUM UNITS THEREIN. THE UNIT DESIGNATION THEREOF. THE DIMENSIONS OF SAID UNITS, AND THE ELEVATIONS OF THE FINISHED FLOORS AND CEILINGS. David W.McBride RLS 16129 STATE OF COLORADO) )ss COUNTY OF PITKIN ) THE FOREGOING SURVEYORS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .1987 BY DAVID W. McBRIDE. WITNESS MY HAND & OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC ENGINEER'S APPROVAL THIS PLAT OF THE FIRST AMENDMENT TO THE. CONDOMINIUM MAP OF THE MEADOW TERRACE CONDOMINIUMS. CITY OF ASPEN, WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS DAY UF.... _..... -.. _._.... - 1987 GITY ENGINEER CITY APPROVAL & ACCEPTANCE -THIS PLAT OF THE FIRST AMENDMENT TO THE CONDOMINIUM MAP OF THE MEADOW TERRACE CONDOMINIUMS, CITY OF ASPEN, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS ORDINANCE THIS DAY OF ...................1987. _ ATTEST - MAYOR CITY CLERK PLANNING 8k ZONING APPROVAL THIS PLAT OF THE FIRST AMENDMENT TO THE CONDOMINIUM MAP OF THE MEADOW TERRACE CONDOMINIUMS. CITY OF ASPEN. WAS APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS__.__ -__DAY OF .1987 CHAIRMAN RECORDERS CERTIFICATE THIS PLAT OF THE FIRST AMENDMENT TO THE CONDOMINIUM MAP OF THE o O MEADOW TERRACE CONDOMINIUMS. CITY OF ASPEN. PI'1M:IN COUNTY, COLORADO IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN. STATE OF COLORADO, AT OF ,198IN DO PLAT BOOK---.-,--- AT PAGE-,-, ------ AS RECEPTION m CLERk-. $< -RECORDER-- INDEX Vic-, J 1 0 5 10 15 20 S+J -T l 1 �iC� 1 1F1G4TE 1 i ( MAP, �IfE- ! JL-) . SCALE I°= 10' ASPEN SURVEY ENGINEERS, 210 S. Galena St. P0. Box 2506 Aspen, Colorado 81611 SHEET I OF 2 13031 925-J816 A WEST ELEVATION 1 '�-T4'`J,- I UNIT I UNIT I 1,$07J'-; -7,-7tig- �s SEE SOUTH ELEVATION N UNIT 2 S45�ME--JT � Q Q ORIGINA L FI L ING LOWER LEVEL UNIT 2 momm TOTAL AREA U 1AA,irk t £✓�V 1,2� 54 Fi. LvvA/e-2- I-EVE-� UNIT I UNIT 2 (967t SQ. FT) 2,390-t SQ. FT. o. ro MAIN LEVEL UPPER LEVEL ASPEN SURVEY ENGINEERS. INC. 210 S. Galena St, P.O. Box 2505 Aspen, Colorado 81611 (3031 9253816 SHEET 2 OF 2