HomeMy WebLinkAboutcoa.lu.co.520 W Smuggler St.A063-97
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MEMORANDUM
TO:
Stan Clauson, Community Development Director
THRU:
Julie Ann Woods, Deputy Director
APPROVED
MAR 1 (; 1998
<;OMMUNlTY DE\! '. I
CITY ~~A;:TDIRa;rok
FROM:
Christopher Bendon, Planner
RE:
Plenk Condominiumization
518 and 520 West Smuggler Street
DATE:
March 5, 1998
Martha Picket, representing Henry and Agnus Plenk, owners, has applied for a
subdivision exemption for the condominiumization of the existing duplex at 518 and 520
West Smuggler Street, City of Aspen, I have referred this application to the City
Engineer and the applicant has responded to the suggested modifications to the draft plat.
There are no' other proposed improvements to the site, it is a penniried use in the R-6
zone district, and there are no other land use issues involved, TheCommunity
Development Director may approve subdivision exemptions pursuant to Section
26,88,070, I am recommending approval of this condominiumization with no conditions,
Approved:
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. uson, munity Development Director
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March 18, 1998
Chris Bendon
Aspen Community Development
lJO South Galena Street
Aspen, Colorado 81611
RECEIVED
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Re: PlenkCol\dominium
Dear Chris,
Enclosed are lwo checks for the Plenk Condominium Plat The lira is to Commltnity
Dcvelopment forSllO,OO for the engineering feeal\d the second is the recording fee
ofS2],OO as we discussed in our phone oonversation yesterday Thanks with all of
your help on this matter,
SillCerely,
McFLYNN PICKETT & WHITSITT, Pc.
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AuguIt20,1997
Chri. Bendon
AspenIPitJdn County Community Development Department
130 S. Galeoa
Aspen, CO 81611
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P1eDkCondomiulum
DearChril:
You mayreca1llhat some timeqoWClpOke.oout mydient, Dr. and Mn.
Henry Plcnk who own. duplex on Smuggler, and wish t(l eondominiumize the two
units. FOfthatpurpose.Jamcncloq.simpleappIication,.ConIentformfTomthe~
owners, I check for the fees, proofofownenhip, a copy of the Declaration and....C.e,''e{
~ortheColldominiumMap..-.:ge\l"'dll~t1....e'.v'_. "+
Please call me if you have any further queati0n5 or need additional
information. Otherwise, I look forward to heating from you U 110OI1 u powble
ugardill8 your review.
McfL YNN PICKETT DOREMUS &
WHITSITT, p.e.
Sincerely,
By:
EnclolUret
cc: Dr. andMnl. HenryPlenk
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APPLICATION FOR APPROVAL OF A SUBDIVISION EXEMPTION
FOR CONOOMINIUMlZATION OF AN EXISTING DUPLEX
APPLICANTS:
Dr. Henry Plenk and Agnes M. Plenk, as to an undivided 50"10
interest each
865 Monument Park Circle
Salt Lake City, UT 84108
REPRESENTATIVE:
Marty Pickett
McFlynn Pickett Doremus & Whitsitt
PROPERTY:
Lots N, 0 and P, Block 26
City and Townsite of Aspen
520 W, Smuggler
REQUEST:
The Applicants seek approval of a subdivision exemption by the
Planning Director for condominiumization of an existing duplex,
pursuant to Code Section 26.88,070,
SURVEY/MAP:
A mylar and copy of the Condominium Map are provided with this
application.
FEES:
A check in the amount of$245,OO is enclosed,
VICINITY MAP:
A vicinity map indicating the location of the property is located on
the Condominium Map..
PROOF OF
OWNERSHIP:
A copy of a current Owners and Encumbrance Report is enclosed,
Respectfully Submitted,
MCFL YNN PICKETT DOREMUS &
WlflTSITT, P.C.
BY1~
C, Pickett
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CONDOMINIUM DECLARATION OF
PLENK CONDOMINIUM
TInS DECLARATION is made on the date set forth below by Henry p, Plenk, aka Henry
p, Plenk, M,D, and Agnes M. Plenk ("Declarants"),
RECIT ALS:
A. Declarants are the owners, as tenants in common as to an undivided 50"10 each, of
certain real estate in Pitkin County, Colorado, which is more particularly described as Lots N, 0
and P, Block 26, City and Townsite of Aspen (the "Real Estate"); and
B. DecIarants desire to create a Condominium Common Interest Ownership
Community on the Real Estate, the name of which is Plenk Condominium, in which portions of
the Real Estate will be designated for separate ownership; and
C. Declarants have recorded a Condominium Map in Plat Book _ at Page _ of the
Pitkin County records,
ARTICLE 1
SUBMISSION: DEFINED TERMS
Section 1.01. Submission of Real Estate. (a) Declarants hereby declare that all of the
Real Estate shall be held or sold, and conveyed subject to the following easements, restrictions,
covenants, and conditions which are for the purpose of protecting the value and desirability of:
and which shall run with the Real Estate and be binding upon all parties having any right, title or
interest in the Real Estate and their assigns and shall inure to the benefit of each Owner thereof.
Additionally, Declarants hereby submits the real estate to the provisions of the Colorado Common
Interest Ownership Act, Sections 38-33,3-101, et. seq" Colorado Revised Statutes, as it may be
amended from to time (the "Act", also referred to as CCIOA), In the event the Act is repealed,
the Act, on the effective date of this Declaration, shall remain applicable,
Section 1.02. Defined Terms. Each capitalized term not otherwise defined in this
Declaration or in the Condominium Map shall have the meaning specified or used in the Act,
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ARTICLE 2
NAMES: DESCRIPTION OF REAL ESTATE
CCIOA CONDOMINIUM,
Section 2.01. Names
(a) Condominium. The name of the Condominium is the Plenk Condominium
(the "Condominium"), This Common Interest Community is a Condominium regime,
(b) Association. There shall be no homeowners' association,
Section 2.02. Real Estate. The Condominium is located in Pitkin County, State of
Colorado,. on Real Estate described above,
ARTICLE 3
UNITS
Section 3.01. Number of Units. The number of Units in the Condominium is two (2),
The Declarants reserve no rights to create additional Units,
Section 3.02. Identification of Units. The identification name or number of each Unit is
shown on the Condominium Map,
Section 3.03. Unit BoundarieslMaintenance and Renair. The boundaries of each Unit
are located as shown on the Condominium Map and are more particularly described as the
exterior walls, floors and roofs of each Unit, Each owner shall be solely responsible for all repairs
and maintenance related to hislher Unit and there are no shared expenses between the Unit
Owners except as related to the garage as set forth in Articles 4 and 5, below,
Section 3.04. Subdivision of Units. A Unit shall not be further subdivided,
Section 3.05. Mechanics Lien. No labor performed or materials furnished for use in
connection with any Unit with the consent or at the request of the Unit Owner thereof or his
agent, contractor, or subcontractor shall create any right to file a statement of mechanic's lien
against the Unit of any other Unit Owner not expressly consenting to or requesting the same or
against any interest in the common elements except the undivided interest therein appurtenant to
the Unit of the Unit Owner for whom such labor shall have been performed and such materials
shall have been furnished. Each Unit Owner shall indemnity and hold harmless the other Unit
Owner from and against liability or loss arising from the claim of any lien against the unit, or any
part thereof: or any other Unit Owner for labor performed or for materials furnished in work on
the first owner's unit. Any Unit Owner shall have the right to enforce such indemnity by
collecting from the owner of the Unit on which the labor was performed and materials furnished
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the amount necessary to discharge any such lien, including all costs incidental thereto, including
attorneys' fees,
ARTICLE 4
COMMON ELEMENTS AND LIMITED COMMON ELEMENTS
Section 4.01. Common Elements.
(a) The "Conunon Elements" means all portions of the Condominium other
than the Units, They sha11 be owned jointly by the Unit owners according to the respective
percentages of their prorata share of Limited Conunon Elements appurtenant to their Units,
(b) Each Unit owner shall be obligated to and shall provide for the care,
operation, management, maintenance, improvement, repair and replacement of all Limited
Conunon Elements appurtenant to hislher Unit, Without limiting the generality of the foregoing,
said obligations shall include keeping the Limited Conunon Elements in good, clean, attractive
and sanitary condition, order and repair; removing snow or any other materials from the conunon
elements to permit access to the Condominiums and any Unit; keeping the Common Elements
attractive and desirable and making necessary or desirable alterations, additions, betterments or
improvements to or on the conunon elements, and paying utility charges which are applicable to
each Unit even if such charge is made by a shared meter or invoice.
( c) If damage is inflicted, or a strong likelihood exists that it will be inflicted,
any the conunon elements or any Unit, the Unit Owner responsible for the damage, or expense to
avoid damage, is liable for the cost of prompt repair,
Section 4.02. Limited Common Elements.
(a) A "Limited Conunon Element" means a portion of the Conunon Elements,
designated in this Declaration, or on the Condominium Map, or by the Act, for the exclusive use
of one but not both Units,
(b) The following portion of the building, in addition to the portions described
in Section 38-33.3-202(1)(b) and (d) of the Act, are designated as Limited Conunon Elements:
(i) the lawn, driveway and parking areas as shown on the
Condominium map;
(ii) any chute, flue, duct, wire, conduit, bearing wall, bearing
column or any other fixture lying partially within and partially outside the designated boundaries
of a Unit, or any portion thereof;
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(iii) shutters, awnings, window boxes, doorsteps, stoops, porches,
balconies, and patios and all exterior doors and windows or other fixtures designed to serve a
single Unit but located outside the unit's boundaries;
(iv) balconies, patios or decks;
sills and hardware,
(v) doors leading from Units to balconies, and their related frames,
Section 4.03. Allocation of Specified Common Element. The only Common Element
for use by both of the Unit Owners shall be the Garage and the adjacent area between the Garage
and the alley, located on the NE portion of The Condominium, labeled Common Element on the
Condominium Map, Each Unit shall have the right to use one-half of the Garage for storage
purposes and the Owners shall from time to time determine and mutually agree upon which areas
shall be reserved for which Units, Otherwise, each Unit Owner shall have the exclusive use of that
portion of the Common Elements adjacent to the respective Units, depicted as L.C.E, on the
Condominium Map.
ARTICLE 5
MAINTENANCE. REPAIR AND REPLACEMENT
Section 5.01. Unit. Each Unit owner shall be obligated to and shall provide for
the care, operation, management, maintenance, improvement, repair and replacement ofhislher
Unit. Without limiting the generality of the foregoing, said obligations shall include but not be
limited to keeping the Unit in good, clean, attractive and sanitary condition, order and repair,
including all interior and exterior surfaces, roofs, and all pipes, utility lines, etc, which are located
within the walls, ceilngs and floors of each Unit.
Section 5.02. Limited Common Elements. Because each of the Units have been
designated a specific yard area surrounding the Unit as a Limited Common Element, and because
these areas are somewhat different with regard to landscaping and size, the square footage of
driveway and sidewalk areas and snow removal requirements because of different snowmelting
areas, the cost for work associated with each of the Units' yard areas shall be allocated to each
Unit accordingly, With regard to installation of new landscaping or fencing on the Limited
Common Elements, written consent must first be obtained from the other Unit Owner, which
consent shall not be unreasonably withheld so long as the planned landscaping and/or fencing does
not unreasonably negatively impact the other Unit Owner, but costs for such new installation shall
be borne solely by the Unit Owner requesting the same,
Section 5.03. Garal!e. In the event both Owners agree that the garage requires
maintenance or repairs, expenses will be shared equally,
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ARTICLE 6
RESTRICTIONS ON USE. ALIENATION AND OCCUPANCY
Section 6.01. Rules and Relmlations. The Units shall be subject to the following
restrictions:
(a) Pets: Each Unit shall be allowed two (2) domestic pets.
(b) Outside Storage: There shall be no outside storage (except in the common
garage/storage shed) of toys, sports or gardening equipment for a period of time exceeding 24
hours,
Section 6.02. No Noxious. Offensive. Hazardous or AnnoviDl!! Activities. No noxious
or offensive activity shall be carried on upon any part of the Condominium nor shall anything be
done or placed on or in part of the Condominium nor shall anything be done or placed on or in
part of the Condominium which is or may become a nuisance or cause embarrassment,
disturbance or annoyance to others, No activity shall be conducted on any part of the
Condominium and no improvements shall be made or constructed on any part of the
Condominium which are or might be unsafe or hazardous to any person or property, No sound
shall be emitted on any part of the Condominium which is unreasonably loud or annoying, No
odor shall be emitted on any part of the Condominium which is noxious or offensive to others,
No light shall be emitted from any part of the Condominium which is unreasonably bright or
causes unreasonable glare,
Section 6.03. No Unsil!!htliness. No unsightliness shall be permitted on or in any part of
the Condominium. Without limiting the generality of the foregoing, nothing shall be kept or
stored on or in any of the common elements, nothing shall be hung or placed on any of the
common elements, and nothing shall be placed on or in windows or doors of units which would or
might create an unsightly appearance,
Section 6.04. Antennas or Satellite Dishes. No radio, television or other type of
antenna or a satellite dish shall, without the written consent of the Association, be installed or
maintained on or near the Condominium,
Section 6.05. Maintenance of Units and Common Elements. Each Unit exterior and
the common elements and limited common elements shall be maintained in a clean, safe, attractive
and sightly condition and in good repair, No major alterations to the exterior of a Unit or with
respect to any common elements shall be made without the prior written consent of both Unit
Owners,
Section 6.06. Owner Caused Damal!!e. If, due to the act or neglect of a Unit Owner,
loss or damage shall be caused to any person or property, including the Condominium or any Unit
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therein, such Unit Owner shall be liable and responsible for the same except to the extent that
such damage or loss is covered by insurance obtained by the Unit Owner,
Section 6.07. No Imnairment of Structural Intel!:ritv. Nothing shall be done, without
the written consent of the other Unit Owner, in, on or to, any Unit or the common elements, or
any portion thereof, which might impair the structural integrity of the Condominium,
Section 6.08. No Violation ofRnles. No Unit Owner shall violate the provisions of this
Declaration. In the event any Unit Owner is required to seek enforcement through legal
proceedings, all attorneys' fees, costs and expenses shall be paid by the defaulting Owner,
Section 6.09. Resnonsibilities of Owners. Whenever this Declaration or any rule or
regulation of the Association prohibits any action of, or assigns responsibility to, any Unit Owner
and any provision of the Declaration or rule or regulation is violated by a tenant, licensee or guest
of any Unit Owner (or anyone occupying the premises with his consent), the Unit Owner shall be
responsible for any such violation to the same extent as if the Unit Owner had committed the
same (except to the extent that such liability is prohibited by law).
Section 6.10. Restrictions of Alienation. A Unit may not be conveyed pursuant to a
time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes,
ARTICLE 7
INSURANCE
Section 7.01. Insurance Reouirements Generallv. Commencing upon purchase ofa
Unit, each Unit Owner shall obtain and maintain in full force and effect at all times certain
property, liability and other insurance as hereinafter provided, All such insurance shall be
obtained, from responsible companies duly authorized to do insurance business in the State of
Colorado, All such insurance, to the extent possible and applicable, shaI1 name the other Unit
Owner as an additional insured,
Section 7.02. Pronertv Insurance.
(a) Each Unit Owner shall obtain and maintain property insurance insuring the
entirety of hislher Unit and its appurtenant L,C,E, 's as well as the common element
garage/storage shed, against loss or damage by fire and such other hazards as are covered under
standard extended coverage policies, vandalism and malicious mischief.
(b) The total amount of insurance must be not less than the full insurable
replacement cost of the insured property less applicable deductibles at the time the insurance is
purchased and at each renewal date, exclusive ofland, excavations, foundations, and other items
normally excluded from property policies, Such insurance must include the exterior Units as well
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as the finished interior surfaces of the walls, floors, and ceilings of the Units. The insurance shall
include improvements and betterments installed by Unit Owners,
Section 7.03. General Liability Insurance. Each Unit Owner shall obtain and maintain
general liability insurance against claims and liabilities arising in connection with the ownership,
existence, use, or management of the common elements in the amount ofSl,OOO,OOO,oo for each
occurrence including bodily injury and/or property damage, insuring the Unit Owner and hislher
respective employees, agents, and all persons acting as agents, The other Unit Owner shall be
included as an additional insured, but only for claims and liabilities arising in connection with the
ownership, existence, use, or management of the common elements, The insurance shall cover
claims of one or more insured parties against other insured parties,
Section 7.04. Insurance bv Owners. Each Unit Owner shall be responsible for
obtaining insurance he or she deems desirable for his or her Unit, including insurance covering
furnishings and personal property belonging to that Unit Owner and covering personal liability of
that Unit Owner,
Section 7.05. Destruction or Damal!e to ProDertv.
(a) Any portion of the Condominium for which insurance is required under this
section which is damaged or destroyed must be repaired or replaced promptly by the Unit Owner
unless the Condominium is terminated, or repair or replacement would be illegal under any state
or local statute or ordinance governing health or safety, or one hundred percent (100%) of the
Unit Owners vote not to rebuild, or prior to the conveyance of any such Unit to a person other
than Declarants, the holder of a deed of trust or mortgage on the damaged portion of the
Condominium rightfully demands all or a substantial part of the insurance proceeds,
(b) The cost of repair or replacement in excess of insurance proceeds and
reserves is an expense to be borne soley by the Unit Owner affect, i&, the Unit Owner of the Unit
or its appurtenant L,C,E.'s.
ARTICLE 8
MISCELLANEOUS
Section 8.01. Amendment of Declaration. This Declaration may be amended pursuant
to Section 38-33.3-217 ofCCIOA Amendment to the Declaration or to the Condominium Map
shall be prepared, executed, recorded, and certified by 100% of the Unit Owners, All expenses
associated with preparing and recording an amendment to the Declaration or to the Condominium
Map shall be shared equally by the Unit Owners, Every amendment to the Declaration must be
recorded in Pitkin County and is effective only upon recordation, No action to challenge the
validity of an amendment properly adopted by the Unit Owners pursuant to this section may be
brought more than one year after the amendment is recorded,
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Section 8.02. Successors and Assims. This Declaration shall be binding upon and shall
inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal
representatives, successors and assigns,
Section 8.03. Severabilitv. Invalidity or unenforceability of any provisions of this
Declaration in whole or in part shall not affect the validity or enforceability of any other provision
or any valid and enforceable part of a provision of this Declaration,
Section 8.04. Cantions. The captions and headings in this instrument are for
convenience only and shall not be considered in construing any provisions of this Declaration,
Section 8.05. No Waiver. Failure to enforce any provisions of this Declaration shall not
operate as a waiver of any such provision or of any other provision of this Declaration.
IN WITNE~WHEREOF, the Declarants have caused this Declaration to be executed
this~dayof fS'u.:d.-. 1997.
DECLARANTS:
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Henry p, Plenk,' aka He!ID' P. Plenk, M,D,
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Agie-s M, Plenk
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing was subscribed and sworn to before me this ~y of0'rfAr
1997, by HemyP, Plenk aka Henry p, Plenk, M.D, and Agnes M, Plenk.
Witness my hand and official seal.
M:fc_ola.nngsionexpires: ~ ~2//'7'77'
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NOV 05 '96 01:55PM MCFLYNN & PICKETT
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CONSENT TO IAJIlD USE APPLlCAnON
The UI1dersigned, Henry P. Plenk and Agnes M Plenk, being the sole owners of the property
described as Lots N, 0 and P in Block 26 of the City and Townsite of Aspen, located at 518/520
Smuggler, hereby consent to the submission to the City of Aspen, by McP1ynn Piclcett Doremus &
Whitsitt, P.C., an applicationfbr condominiumization of the existing duplex on the subject property,
Executed this a. 2';,.t.. day of October, 1996.
OWNERS:
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Henry P. Picnic
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pICIlk-.Jlr
NOU-05-1996 12:58
303 925 2442
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,;;,)'1 L.WrU'\ I III LI:- H:>t-'t..I'i
NO,669
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STEWART TITLE OF ASPEN, IN<;,
OWNERSHIP AND ENCUMBRANCE REPORT
Qrder No,: 000231.09
,
PREPARED FOR; MARrY pIClCB'J"l'
,
,
~71iWART177LE OF ASPEN, INC.
HEREBY CER'I1FIES from a search u[the books in this ofice that title to:
Lots N, 0 andP, Bloc1c 26,
CI!1'Y AND TOWNSITE OF ASPEN
situated in the Counry u[ Pitkin, State of Colorado. appears to be vested in the name of:
Agnes M. P1.enk, a one-balE (1/2) und.ivided .interest asa tenenat
.I.n common and Hen.ry P. plenk as to a one-halE (1./2) unidv.ided .I.nterest ~s a
. ten8.%lt .1..11 eOllllllon 8.%Id not as jo:J.n.t tenants ".tt:.h r.l.gbt oE survivorship
land that the above described property appears to be subject to the following liens:
'1. HONEI
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!
i EXCEPT any O1UI all taxes and assessments.
EXCE'J.'T all easements, rights of way, restrictions and reservations o/record.
!
This report does not reflect any of the following matters:
(1) Bankruptcies which. from date of adjudication of the most recent bankruptcies. antedate the report by more than
fourteen (14) yeors.
(2) Suits and judgments which. from date of entry. antedate the report by more than seven (7) years or Willi the
governing statue o/limitations has expired, whichever is the longer period.
(3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years.
Although we believe the facts stated are true, this letter is not to be construed as an abstract u[title. nor an opinion
of title, nor a guoranty of title, and it is understood and agreed that Stewart TItle a/Aspen. Inc" neither assumes,
/lor will be charged with any financial obligaJion or liability whatever on any statement contained herein.
Dated:
December 30, 1996 at 7:30 A.M.
, at Aspen. Colorado
STEWART TIlLE OF ASPEN, INC.
" By~u~
JAN~15-1997 13:40
970 925 1384
98%
P.02
To:
1bru:
From:
Date:
Re:
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TRANSMITTAL MEMORANDUM
~Chris Bendon, Project Planner
Ross C. Soderstrom, Project Engineer &5
September 16, 1997
Plenk Condominium Plat
Physical Address:
Parcel No.:
518 & 520 W. Smuggler Street, Aspen, CO 81611
NIA
No, of Sheets in PlatlMap:
2
These are the items remaining to be completed:
~ Make corrections indicated on plat I map
)('; Set & flag survey monuments for field verification, Have representative I surveyor call myself (920-5087)
to schedule field verification after setting & flagging monuments.
M4097.DOC
Include complete descriptions of all monuments found or set
Provide basis of bearings, per State Board of Registration Policy
$.
Complete I correct legal description ofparcel(s), easements, etc, including acreage to 111,000 Ac for entire
development and each lot, parcel, outlot, tract, etc.
Provide 100 Y r. Flood Plain delineation; flood study information and date; datum and reference benchmark
identification and elevation
Complete I correct legend and symbols
-P- Include attached notes to plat I map
Revise certificates I signature blocks as indicated
D~pict easements with dimensions and recording information
Complete right-of-way information: dimensions
.JL Other: C-tnuIJl t::1E fJ!::"St.~21 PnM I'J7:: i!lt:HClfJWI-J€Itt, mil/Nif a t:J;f:n:;
Re-submit LJ complete copies of plat I map for confirmation before
submitting record copies for recording
Re-submit LJ copies of sheets
for confinnation before submitting record copies for recording
of plat I map
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Submit two (2) complete final record copies on mylar or velum for recording. Include check payable to
Pitkin County Clerk & Recorder for the recording fees for one (I) complete copy of the plat I
map (second copy remains in files of City Engineering Dept.),
8 1/2" x II": agreements, etc. first page - . $6.00, additional - pages $5.00
larger than 8" x 14" - plats: first sheet- $11.00, additional sheets - $10.00
larger than 8" x 14" - surveys: first & additional sheets - $20,00 each
Other: verify with Pitkin County Clerk & Recorder for recording fee schedule