HomeMy WebLinkAbout828-895FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF:
RESIDENCES AT THE LITTLE NEI L
CERTIFICATE OF DECLARANT
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
(HEREAFTER, THE "DECLARANT"), BEING THE DECLARANT OF THE RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM EXEMPTION MAP THEREOF
RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 26, 2008 IN PLAT BOOK 89 AT PAGE 32 AS RECEPTION NO.
554606 (THE "CONDOMINIUM MAP") AND AS DEFINED AND DESCRIBED IN THE DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN
THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 26, 2008 AS RECEPTION NO. 554607 AND DEFINITIVE FIRST AMENDMENT TO
DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON
MARCH 29, 2010 AS RECEPTION NO. 568015 AND RE-RECORDED MARCH 29, 2010 AS RECEPTION NO. 568018 AND SECOND AMENDMENT THERETO RECORDED IN THE
OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON JULY 30, 2013 AS RECEPTION NO. 601963 (COLLECTIVELY, THE "DECLARATION")
THE PURPOSE OF THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP IS TO CONVERT OR RE -DESIGNATE UNIT C-2
RESIDENCES AT THE LITTLE NELL (as shown on sheet 5 of 15 thereof), according to the Condominium Exemption Map thereof recorded
November 26, 2008 in Plat Book 89 at Page 32 as Reception No. 554606 in the Office of the Clerk and Recorder of Pitkin County, Colorado into a
general common element (GCE).
SITUATED IN A PORTION OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
HAS BY THESE PRESENTS CONVERTED OR RE -DESIGNATED COMMERCIAL UNIT C-2, RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM MAP SHEET 1 OF 2
THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION, INTO GENERAL COMMON ELEMENT (GCE), AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO CERTIFICATES, NOTES, VICINITY AND CONTROL MAP
AND FOR THE PURPOSES SET FORTH IN THE THIRD; AMENDMENT TO DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECUR ED IN THE
OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON THE DAY OF /mow • 2016, AS RECEPTION N0.
(THE "THIRD AMENDMENT").
DECLARANT: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
6
BY: SPEN L D ND, C, COLO 0 LIMITED LIABILITY COMPANY, MANAGING MEMBER
BY:
0 E A. TERSON, A HORIZE SI NA ORY
STATE OF COLORADO)
) SS.
COUNTY OF PITKIN )
THE FOREGOING CERTIFICATE WAS SUBSCRIBED AND SWORN TO BEFORE ME THIS 17- DAY OFIaCr 2016, BY BROOKE A. PETERSON, AS AUTHORIZED
SIGNATORY OF ASPEN' -AND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGING MEMBER OF THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A
DELAWARE LIMITED LIABILITY COMPANY,
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: (gyp -Mt- Zp1 S
��LC! 1
OTARY PUBLIC
CERTIFICATE OF OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, THE RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFI'
CORPORATION, BEING THE OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO, TO WIT:
UNIT C-2, RESIDENCES AT THE LITTLE NELL, ACCORDING TO THE CONDOMINIUM MAP THEREOF AND AS DEFINED AND DESCRIBED IN THE DECLARATION
HAS AND BY THESE PRESENTS ACKNOWLEDGES AND ACCEPTS THE FOREGOING CONVERSION OR RE -DESIGNATION OF UNIT C-2, RESIDENCES AT THE LITTLE NELL.
RESIDENCES AT THE L-ITTbE NIL CONDOMINIUM ASSOCIATION, INC. A COLORADO NON-PROFIT CORPORATION
BY: 1%
NOAH. SHORE, P
BY:
BO HO SON, SE
SURVEY NOTES
1) DATE OF SURVEY: APRIL 2004 AND AUGUST -NOVEMBER 2008.
UPDATED JULY 2L'6.
2) DATE OF PREPARATION: JULY -AUGUST 2016.
3) BASIS OF BEARING: A BIF ARING OF N 75°09'11" W BETWEEN THE FOUND PK NAIL AND SHINERS L.S. #28643 MONUMENTING THE NORTHERLY BOUNDARY LINE OF NORTH OF
NELL CONDOMINIUMS, AS SHOWN ON SHEET 1 OF 2.
4) BASIS OF SURVEY: THE CONDOMINIUM EXEMPTION PLAT OF THE RESIDENCES AT THE LITTLE NELL, THE RECORDED PLATS OF RESIDENCES AT LITTLE NELL
SUBDIVISION/PUD, THE FIRST AMENDED PLAT OF LITTLE NELL SUBDIVISION, THE FIRST AMENDED PLAT OF TIPPLE WOODS SUBDIVISION, VARIOUS DOCUMENTS OF
RECORD, AND THE FOUND SURVEY MONUMENTS AS SHOWN.
5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARRELL CONTOUR DATUM WHICH IS BASED ON AN ELEVATION OF 7720.88 (NAVD 1988) ON THE NGS STATION "S
159". THIS ESTABLISHED A SITE BENCHMARK ELEVATION OF 7937.75 ON THE BRASS DISK, LS #28643, MONUMENTING THE POSITION OF ASPEN TOWNSITE CORNER NO. 9,
AS SHOWN HEREON.
6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC ("SE") TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL
INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE RECORDS SE RELIED UPON THE ITEMS LISTED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED
BY PITKIN COUNTY TITLE, INC. UNDER CASE NO. PCT24808W, EFFECTIVE DATE JULY 22, 2016.
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC., REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY
CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THE RESIDENCES AT THE LITTLE NELL CONDOMINIUM ASSOCIATION, INC., A COLORADO
NON-PROFIT CORPORATION DOES HOLD FEE SIMPLE TITLE TO UNIT C-2, RESIDENCES AT THE LITTLE NELL, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT
THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC. UNDER CASE No. PCT24808W, EFFECTIVE DATE JULY 22, 2016.
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE 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 PITKIN COUNTY TITLE, INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL
OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN.
BY:_ DATE
E EXAMINER
ADDRESS:
STATE OF COLORADO)
) SS
COUNTY OF PITKIN )
THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS a DAY OF f j?)jtIMjUAI 2016, BY61%f(SkM.huAS TITLE EXAMINER OF PITKIN COUNTY
TITLE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
=7STATEOF
S°
NOTARY a�I3?
UAL?', IFNOTAR PUBLIC 9440 of r ; a „
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
2009 CITY OF ASPEN (MARCIN) STREET
MONUMENT GPS -2 AT THE INTERSECTION
OF GALENA STREET AND DURANT
AVENUE
FOUND PK SHINER FOUND PK &
L.S. #29030 -SHINER L.S. ,f28643
FOUND PK SHINER
L.S. #15710
VACATED DEAN AVE.
74.0'
BASIS OF BEARING
SHEET INDEX
1) CERTIFICATIONS, DEDICATIONS & NOTES
5) BUILDING, FIRST FLOOR PLANS
2009 CITY OF ASPEN (MARCIN) STREET
MONUMENT GPS -5 AT THE INTERSECTION
OF GALENA STREET AND HOPKINS AVENUE
FOUND PK &
DURANT A VENUE SHINER L.S. #28643
FOUND REBAR &
1 N 75109'11" W CAP L.S. #20151
m
� NORTH OF NELL
0 CONDOMINIUMS
15.69' BUILDING R9,, REC. #553446
ACCESS ENC'0ACHMEN F`
INTO DEAN AVENUE CORNER 9, ASPEN TOWNSITE
RIGHT-OF-WAY PER �6� DESTROYED DURING CONSTRUCT)
ENCROACHMENT LICENSE �.9- RESET BRASS DISK L.S. #28643
RECORDED AS
RECEPTION 151010
510205
DEAN AVENUE �'' (TIE) N 34'10'20" W
FOUND REBAR 50.0' 30.28'
& CAP --- ---- -
I---- ----
L.S. #28643 - - o
S 5 09'11 "E 210.97'
FOUND
SS DISK
O
F UIdD R
EB1 .
#28643 014602611
0
O
o
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FOUND �K MAIt,",& SHIIV1� L$,#2id643
3
RECEPTION
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vi
AMENDED AMENDED
PLAT OF PLAT OF
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FALIND $RAS$ DISK
3
75'09'11 " W
;,
LS X28$43 ' F911MD BRASS D1SJC
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31.46'
SUBDIVISION SUBDIVISION
RECEPTION RECEPTION
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N
S74'30'00"E 82.,
ND REBAR &
REG�'PTI41V NO4z��
L. S. #20151
CAP L.S. #16129
66"'
60.0'
W
1:.53 Peres
HICoND01@ PG 85
o
FOUND BI�A$S gISK
BK 7
o
!L21643
/ V BUILDING
FOUND REBAR &
CAP L.S. #9184
NA STREET
SOUTH NDojjIN® pG 20
B
PLAT FOUND REBAR &
CAP L.S. 124303
FOUND REBAR &
CAP L.S. #15710 F
� A
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C�0U
gq6� O3 G
PLATBK
TIPPLE v
O
WOODS
'IIBDIVISION
RECEPTION
FOUND 2 REBAR &
No. 5102 4
W
CAPS L.S. #20151
Q)
O
FIRST FIRST
AMENDED AMENDED
PLAT OF PLAT OF
L
TIPPLE TIPPLE
z
;,
WOODS WOODS
SUBDIVISION SUBDIVISION
RECEPTION RECEPTION
No. 510204 i Aro. 510204
S74'30'00"E 82.,
ND REBAR &
FOUND REBAR &
L. S. #20151
CAP L.S. #16129
HILL
10
HICoND01@ PG 85
BK 7
PLAT
h
�q
FOUND 5' WC
REBAR & CAP
L. S. #28643
FOUND
FOUND REBAR & REBAR &
CAP L.S. #20151 20151 L. 5
FOUND REBAR &
CAP L.S. #20151
S14 50'49"W
26.47'
N75*09'11 "W
4.10'
LOT 2
FIRST AMENDED PLAT OF
LITTLE NELL SUBDIVISION
RECEPTION NO. 510202
'75'09'11 "E
18.33'
I
00
U)
N
Z
i
,It
0
:n
FOUND REBAR &
CAP L.S. ^LEGIBLE
LOT 3
FIRST AMENDED PLAT OF
LITTLE NELL
SUBDIVISION
RECEPTION NO. 510202
FOUND REBAR & CAP
LS #28643
FOUND REBAR &
CAP L.S. #20151
UTILITY ENCROACHMENT INTO DEAN
AVENUE RIGHT-OF-WAY PER
ENCROACHMENT LICENSE RECORDED AS
RECEPTION # 510206
LOT 1
FIRST AMENDED PLAT
OF LITTLE NELL
SUBDIVISION
RECEPTION NO. 510202
FOUND REBAR & J
CAP L.S. #20151
FOUND REBAR
& CAP L.S.
#ILLEGIBLE
FOUND REBAR &
CAP L.S. #20151
FOUND REBAR &
CAP L.S. #20151
GRAPHIC SCALE
50 0 25 50 100
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
( IN FEET)
1 inch = 50 ft.
RESTATED MAP NOTES v1v11v1 I I rv111►1-
SCALE: 1" = 2000'
1) RESIDENCES AT THE LITTLE NELL IS SUBJECT TO:
(a) THE PROVISIONS OF ASPEN CITY ORDINANCE NO. 30 (SERIES OF 2004).
(b) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE DEVELOPMENT ORDER OF THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
RECORDED JANUARY 12, 2005 AS RECEPTION NO. 505925.
(c) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN THE REVOCABLE ENCROACHMENT LICENSES RECORDED MAY 17, 2005 AS RECEPTION NOS.
510205 AND 510206.
2) RESIDENCES AT THE LITTLE NELL IS SUBJECT TO THE CONDOMINIUM EXEMPTION MAP OF THE RESIDENCES AT THE LITTLE NELL RECORDED ON NOVEMBER 26, 2008 IN
A 54606 THE "CONDOMINIUM MAP" AS WELL AS THAT CERTAIN SUBDIVISION/PUD AGREEMENT RECORDED MAY 17
PLAT BOOK 89 AT PAGE 32 AS RECEPTION N0.510209 S5 ( ) ,
2005 AS RECEPTION NO. 510210, MEMORANDUM OF INSUBSTANTIAL CHANGE RECORDED DECEMBER 22, 2005 AS RECEPTION NO. 518768 AND THE NOTICE OF APPROVAL
RECORDED SEPTEMBER 8, 2008 AS RECEPTION NO. 552703.
3) THE DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED ON NOVEMBER 26, 2008 AS RECEPTION NO. 554607 AND DEFINITIVE FIRST
AMENDMENT TO DECLARATION OF CONDOMINIUM FOR RESIDENCES AT THE LITTLE NELL RECORDED ON MARCH 29, 2010 AS RECEPTION NO. 568015 AND RE-RECORDED
MARCH 29, 2010 AS RECEPTION NO. 568018 AND SECOND AMENDMENT THERETO RECORDED ON JULY 30, 2013 AS RECEPTION NO. 601963 (COLLECTIVELY, THE
DECLARATION").
4) THE AMENDMENT TO SUBDIVISION/PUD AGREEMENT FOR THE RESIDENCES AT LITTLE NELL SUBDIVISION/PUD ENTERED AS OF JULY 17, 2013 AND RECORDED ON JULY 30,
2013 AT RECEPTION NO. 60192.
5) THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES AT THE LITTLE NELL IS BEING EXECUTED AND RECORDED IN ACCORDANCE WITH THE COLORADO
COMMON INTEREST OWNERSHIP ACT, SECTION 38-33.3-101 ET. SEQ. OF THE COLORADO REVISED STATUTES.
6) ALL REFERENCES TO RECEPTION NUMBERS SHOWN HEREIN ARE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO.
7) DECLARANT RESERVED TO ITSELF AND ITS SUCCESSORS AND ASSIGNS CERTAIN RIGHTS SET FORTH IN SECTIONS 3.5, 3.6, and 13 OF THE DECLARATION, AS AUTHORIZED
BY SECTION 38-33.3-210 OF THE COLORADO REVISED STATUTES.
CITY ENGINEER REVIEW
THIS MAP WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS.
THIS '� DAY OF 12016.
CI Y ENGINEER
DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL
THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN
LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS 3 DAY OF '�4NCMP 2016 TO THE EXTENT THAT
ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUM OR ANY OTHER
PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES SUCH OTHER DEVELOPMENT
ORDERS OR APPLICABLE LAWS SHALL CONTROL.
14� A
CO MUNITY D VE OPMENT DIRECTOR
SURVEYOR'S CERTIFICATE
I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES
AT THE LITTLE NELL; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE LOCATION (WITH
REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS,
AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY
SUPERVISION IN AUGUST - OCTOBER 2008 AND JULY, 2016; THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT
AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION
38-33.3.209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP (i) CONTAINS ALL OF THE INFORMATION
200 REQUIRED BY SECTION 38-33.3-209 OF THE ACT, AND (ii) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE
CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP, THE EXISTING PHYSICAL BOUNDARIES OF
EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. RECORDED
EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY
TITLE, INC UNDER CASE No, PCT 4 08W, EFFECTIVE DATE JULY 22, 2016.
MARK S. MCKLER-i-Rat.428643 = `.
DATED- ,2016
CLERK AND RECORDER'S ACCEPTANCE
THIS FIRST AMENDED CONDOMINIUM EXEMPTION MAP OF RESIDENCES AT THE LITTLE NELL IS ACCEPTED FOR FILING IN THE qFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO AT O'CLOCK M., THIS /Q DAY OF .01_ JW , 2016, IN PLAT BOOK AT PAGES , RECEPTION NO.
PITKIN COCMTY CLERWkND REIFORDER
sb 16116 2016-10-05 M:13600dwgs1161161Condo116116-condo 1stAmend.dwg