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Home My WebLink Aboutcoa.lu.co.520 W Smuggler St.A063-972735-124-04-005 A63-97 Plenk Condonminiumization ciI G Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MRO 11 Use Tax 10000-67100-383 Park Dedication 15000-63050480 AH Commercial 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: l.><il 13-63830-039 County Code -69000-145 Copy Fees - --- - — Other — Name: %P% _ Address: _ Phone/. 00 Total�� Date: 4 9Z Check: Y,91 Project: Case No: No. of Copies 0 -9 0 • MEMORANDUM TO: Stan Clauson, Community Development Director THRU: Julie Ann Woods, Deputy Director *" APPRo V JED FROM: Christopher Bendon, Planner MAR C1998 RE: Plenk Condo miniumization (;OWUNITYDEVE� 518 and 520 West Smuggler Street NT D�HEt;IUk CITYOFggpEPEN 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 permitted use in the R-6 zone district, and there are no other land use issues involved. The Community Development Director may approve subdivision exemptions pursuant to Section 26.88.070. I am recommending approval of this condominiumization with no conditions. Approved: date: auson, munity Development Director 0 Lawyers . A Professional Corporatinri TIMOTHY McFLYNN March 18, 1998 MARTHA C. PICKE17 Chris Bendon JEANNE C. DOREMUS Aspen Community Development TIMOTHY E. WHITSITT 130 South Galena Street lap, 2 3 199a Aspen, Colorado 81611 AyNtN I''1 E``i.oPME oommutAv DEN KARIN L. GUSTAFSON • Re: Plenk Condominium . also admitted in California Dear Chris, Enclosed are two checks for the Plenk Condominium Plat. The first is to Community Development for $1 10.00 for the engineering fee and the second is the recording fee of $21.00 as we discussed in our phone conversation yesterday. Thanks with all of your help on this matter. Sincerely, Aspen McFLYNN PICKETT & WHITSITT, P.C. THE SMITH-ELISHA HOUSE 320 WEST MAIN STREET By: ASPEN CO 81611 Eric J. Gross let 970 925 2211 fax 970 925 2442 hendon/letter/plenk/ej g email mpdwisgrof.net . Snowmass Village ANDERSON RANCH 5131 OWL CREEK ROAD POST OFFICE BOX 6157 SNOWMASS VILLAGE CO 81615 tel 970 923 2211 fax 970 923 0760 email mpdwsnowtVrof.net TIMOTHY McFLYNN MARTHA C. PICKETT JEANNE C. DOREMUS TIMOTHY E. WHITSITT KARIN L. GUSTAFSON • also admitted in California Lawyers . A Professional CorPnnlhnv August 20, 1997 Chris Bendon Aspen/Pitkin County Community Development Department 130 S. Galena Aspen, CO 81611 Re: Plenk Condominium Dear Chris: You may recall that some time ago we spoke about my client, Dr. and Mrs. Henry Plenk who own a duplex on Smuggler, and wish to condominiumize the two units. For that purpose, I am enclosing a simple application, a Consent form from the owners, a check for the fees, proof of ownership, a copy of the Declaration and,a'('ef "C� Taylar of the Condominium Map,execute&by-the-owners. -4- 1 • A,prn Please call me if you have any further questions or need additional No THE SMITH-ELISHA He x I ,i information. Otherwise, I look forward to hearing from you as soon as possible regarding your review. I 320 WEST MAIN STREET ASPEN CO 81611 Iel 970 925 2211 fax 970 925 2442 email mpdwCarof.net . Snowmass Village ANDERSON RANCH 5131 OWL CREEK ROAD POST OFFICE BOX 6157 SNOWMASS VILLAGE CO 81615 te) 970 923 2211 fax 970 923 0760 email mpdwsnowCarof.net McFLYNN PICKETT DOREMUS & WHITSITT, P.C. Sincerely, By: ha 1*� Marth C. Pickett Enclosures cc: Dr. and Mrs. Henry Plenk • 0 APPLICATION FOR APPROVAL OF A SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION OF AN EXISTING DUPLEX APPLICANTS: Dr. Henry Plenk and Agnes M. Plenk, as to an undivided 501/6 interest each 865 Monument Park Circle Salt Lake City, UT 84108 REPRESENTATIVE: Marty Pickett McFlynn Pickett Doremus & Whitsitt PROPERTY: Lots N, O 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 $245.00 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, MCFLYNN PICKETT DOREMUS & WHITSITT, P.C. By: I ", " arth C. Pickett i • CONDOMINIUM DECLARATION OF PLENK CONDOMINIUM THIS DECLARATION is made on the date set forth below by Henry P. Plenk, aka Henry P. Plenk, M.D. and Agnes M. Plenk ("Declarants"). RECITALS: A. Declarants are the owners, as tenants in common as to an undivided 50% each, of certain real estate in Pitkin County, Colorado, which is more particularly described as Lots N, O and P, Block 26, City and Townsite of Aspen (the "Real Estate"); and B. Declarants 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. 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 Boundaries/Maintenance and Reaair. 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 his/her 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 indemnify 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 -2- 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 "Common Elements" means all portions of the Condominium other than the Units. They shall be owned jointly by the Unit owners according to the respective percentages of their prorata share of Limited Common 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 Common Elements appurtenant to his/her Unit. Without limiting the generality of the foregoing, said obligations shall include keeping the Limited Common Elements in good, clean, attractive and sanitary condition, order and repair; removing snow or any other materials from the common 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 common 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 common 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 Common Element" means a portion of the Common 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 Common 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, -3- (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; (v) doors leading from Units to balconies, and their related frames, sills and hardware. 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 of his/her 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, ceiings 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. Garage. In the event both Owners agree that the garage requires maintenance or repairs, expenses will be shared equally. -4- i 0 ARTICLE 6 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY Section 6.01. Rules and Regulations. 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 Annoying 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 Unsightliness. 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 Damage. 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 -5- • 0 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 Impairment of Structural Integrity. 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 of Rules. 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. Responsibilities 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 Requirements Generally. Commencing upon purchase of a 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, shall name the other Unit Owner as an additional insured. Section 7.02. Property Insurance. (a) Each Unit Owner shall obtain and maintain property insurance insuring the entirety of his/her 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 of land, excavations, foundations, and other items normally excluded from property policies. Such insurance must include the exterior Units as well no 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 of $1,000,000.00 for each occurrence including bodily injury and/or property damage, insuring the Unit Owner and his/her 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 by 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 Damage to Property. (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.e., 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 of CCIOA. 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. -7- 9 • Section 8.02. Successors and Assigns. 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. Severability. 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. Captions. 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 WITNES,�S WHEREOF, the Declarants have caused this Declaration to be executed this ±4f('�\ day of 1997. STATE OF COLORADO �*j COUNTY OF PITKIN DECLARANTS: 14-t utA-', P Pt Henry P. Plenk, aka Henry P. Plenk, M.D. Agnes M. Plenk The foregoing was subscribed and sworn to before me this � y of 1997, by Henry P. Plenk aka Henry P. Plenk, M.D. and Agnes M. Plenk. Witness my hand and official seal. My commi;.�;ion expires: 2.2 Not ublic -8- NOV 05 '96 01:55PM MCFLYNN & PICKETT P.i • • The undersigned, Henry P. Plenk and Agnes M. Plenk, being the sole owners of the property described as Lots N, O 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 McFlynn Pickett Doremus & Whitsitt, P.C., an application for condominiumization of the existing duplex on the subject property. Executed this 1 5 4- day of October, 1996. OWNERS: Henry P. Plenk Agnes �. Plenk *akVAwww.W NCV-05-1996 12:58 303 925 2442 P.01 • • TRANSMITTAL MEMORANDUM To: Thru: Chris Bendon, Project Planner From: Ross C. Soderstrom, Project Engineer Date: September 16, 1997 Re: Plenk Condominium Plat Physical Address: 518 & 520 W. Smuggler Street, Aspen, CO 81611 Parcel No.: N/A No. of Sheets in Plat/Map: These are the items remaining to be completed: Make corrections indicated on plat / map Set & flag survey monuments for field verification. Have representative / surveyor call myself (920-5087) to schedule field verification after setting & flagging monuments. Include complete descriptions of all monuments found or set Provide basis of bearings, per State Board of Registration Policy Complete / correct legal description of parcel(s), easements, etc. including acreage to 1/1,000 Ac for entire development and each lot, parcel, outlot, tract, etc. Provide 100 Yr. Flood Plain delineation; flood study information and date; datum and reference benchmark identification and elevation Complete / correct legend and symbols Include attached notes to plat / map Revise certificates / signature blocks as indicated Depict easements with dimensions and recording information Complete right-of-way information: dimensions Other: ('.cyACTE DE5c:RIR".D4 /J7r 6CHe,1f1t1rXe_0 Z*711,W 81�4-TF Re -submit (_) complete copies of plat / map for confirmation before submitting record copies for recording Re -submit (_) copies of sheets of plat / map for confirmation before submitting record copies for recording 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 (1) complete copy of the plat / map (second copy remains in files of City Engineering Dept.). 8 1/2" x 11": 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 M4097.DOC .J I LWr11". I 11 I Lt HJr tl 1 NO. 669 P. 2 •STEWART TITLE OF ASPEN INIO OWNERSHIP AND ENCUMBRANCE REPORT Order No.: 00023109 PRUARED FOR: MARTY PraxsTT STEWART THU, OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that title to: Lots N, o andP, Block 26, CITY AND TOWNSITE OF ASPEN situated in the County of Pitkin, State of Colorado, appears to be vested it: the name of: Agnes K. Plenk, a one-half (112) undivided Interest as a tenenat in common and Henry P. Plenk as to a one-half (112) unidvided interest an a tenant in common and not as joint tenants with right of survivorship .and that the above described property appears to be subject to the following liens: 1. NONE 1 i EXCEPT any and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of 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) years. (2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. i (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 of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart T►tle of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated: December 30, 1996 at 7:30 A.M. , at Aspen, Colorado STEWARTTIME OFASPEN, INC. ley: Authorize Sig Pre JAN-15-1997 13:40 970 925 1384 98% P.02 PLENK CONDOMINIUMS OWNERS CERTIFICATE 0 C.E. L.C.E. 1'-10' 10 20 V I `l. I N I .Il ll CITY MONUMENT FOUND SURVEY MONUMENT AS DESCRIBED UTILITY BOX FENCE SET SPIKE SURVEY CONTROL POSTED ADDRESS: 518 AND 520 WEST SMUGGLER ST. BEARINGS BASED ON CITY MONUMENTS FOUND FOR THE SOUTHWEST CORNER OF BLOCK 26 AND THE SOUTHWEST CORNER OF BLOCK 23, N 75'09'11'W. SET REBAR WITH CAP 25947 GAS METER ELEVATIONS BASED ON THE 1974 COOPER AERIAL SURVEY WATER LINE IS LOCATED IN SMUGGLER STREET SEWER, PHONE, ELECTRIC, GAS, AND CATV ARE LOCATED IN ALLEY COMMON ELEMENT LIMITED COMMON ELEMENT ZONE DRISTICT: R-6 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BCOMMENCEASED 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 PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEA._ OF THE SURVEYOR. SAf C 77 65 ' J R.0 . T.B.M. 7894.0 w. T SITUATED ON LOTS N,O AND P, BLOCK 26 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO. CONTAINING 9,007 SO. FT. +/- (0.207 ACRES) INDEX SHEET 1 SITE PLAN, CERTIFICATES SHEET 2 PLAN VIEWS, ELEVATION KNOW ALL PERSONS BY THESE PRESENTS THAT AGNES M. PLENK AND HENRY P. PLENK, AS TENANTES IN COMMON AS TO AN UNDIVIDED 50 PERCENT INTEREST EACH BEING THE RECORD OWNERS OF CERTAIN LANDS IN THE CITY OF ASPEN PITKIN COUNTY COLORADO AS DESCRIBED HEREON DO HEREBY CERTIFY THAT THIS CONDOAINIUM MAP OF PLENK CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOMINIUM DATED THE DAY OF 1997 AS RECEPTION NUMBER _ OF THE RECORDS OF THE CLERK AND RECORDER OF TIDE COUNTY OF PITKIN, STATE OF COLORADO. AGNES COMMONMASPTONK AS A AI� UNDIVIDED NT IN HENRY 50% INTEREST TENANTPINPCENK OMMbNAAS/TOHAMERY UNDPVIDE6NK MD AS A 56% INTEREST STATE OF COLORADO ) 1 as COUNTY OF PITKIN ) THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _DAY OF 19971 BY AGNES M. PLENK AND HENRY P. PLENK. NOTARY PUBLIC SURVEYORS CERTIFICATE I JOHN HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED SEPTEMBER 26 1�96 UNDER MY DIRECTION AND SU"ERVISI0 OF THE HEREON DESCRIBED PROPERTYf, AND THAT A BUILDING WAS FOUND TO BE LOCATED THEREON, AS SHOWN ON THIS CONDOMINIUM MAP THE LOCATION AND DIMENSIONS OF THE BOJNDARY LINES UTILITIES IMPROVEMENTS AND EASEMENTS SHOWN ON COMMITMENT FOR TITLE INSURANCEIPREPARED BY STEWART TITLE OF ASPEN INC. ORDER NO. DATED ARE ACCURATELY SHOWN ON THIS MAO ANDJTHE MAP ACCURATELY 'AND SUBSTANTIALLY DEPICTS THE LOCATION 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 1c161000. SIGNED: JOHN HOWOR'HI C.P L S 25947 TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE OF ASPEN INC. REGULARLY DO;NG BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERT4Y THAT HE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD SIMPLE TITLE TO THE WITHIN REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON TIE OWNERS CERTIFICATE ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLA' ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE AND IT IS UNDERSTOOD AND A134ED THAT STEWART TITLE OF ASPEN INC. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION ORILIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN . STEWART TITLE OF ASPEN, INC. 620 E. HOPKINS ASPEN, COLORADO 61611 SIGNED: BY: STATE OF COLORADO ) as COUNTY OF PITKIN ) THE FOREGOING TITLE CERTIFI:ATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF TITLE( INC.. 1997) BY REPRESENTATIVE OF STEWART NOTARY PUBLIC CITY ENGINEERS APPROVAL THIS CONDOMINIUM MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS ._ DAY OF —1 1997. CITY ENGINEER • COMMUNITY DEVEL*ENT DIRECTOR APPROVAL• THIS CONDOMINIUM MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPE/ COLORADO THIS _ DAY OF 1997. OF THE MUNICIPAL ASPEN. PURSUANT TO CODE OF THE CITY OF • DIRECTOR • 0 CLERK AND RECORDERS CERTIFICATE THIS CONDOMINIUM MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITTKIN STATE OF COLORADO AT �OCLOCK M. THIS _ DAY OF 199971IAND RECORDED AS REECEPTION NUMBED 1 CLERK AND RECORDER SHEET 1 OF 2 PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 8/97 26247