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HomeMy WebLinkAboutlanduse case.AP.1333 Snowbunny Ln.A023-99 ,-, CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY - , A023-99 2735-122-19001 1333 Snowbunny Lane Insubstantial Amendment 1333 Snowbunny Lane Sarah Oates Insubstantial Amendment Peter Looram HOiland & HartlTom Todd , No Action tak 4/21/00 J. Lindt -,- '-', '- fq(~Vi ~. ,.-, R''"''''~i'''E" "',1, .,- " ' ~"",,,;";"'ti HOLLAND & HARTLLP ATTORNEYS AT LAW JUN 2 2 1999 DENVER. ASPEN BOULDER. COLORADO SPRINGS DENVER TECH CENTER BilliNGS. BOISE CHEYENNE' JACKSON HOLE SALT LAKE CITY 600 EAST MAIN STREET ASPEN, COLORADO 81611-1953 h~;F"EN J PITKiN Y""~"'lUI\IITY rlEVELOPMENT TELEPHONE l",7u) 9::!S-341o: FACSIMILE (970) 925-9367 THOMAS]. TODD ttodd@hollandhart.com June 21, 1999 Ms, Sarah Oates City of Aspen Department of Community Development Aspen, Colorado 81611 Re: Our Client: Peter A Looram--Amendment to Solar Plex Condominiums (aka Lot 15. Block 1. Snowbunnv Subdivision. with a street address of 1333 Snowbunnv Lane in Aspen) Dear Sarah: Enclosed is a revised draft of the amended condominium map which contains revisions previously suggested by the City Engineer. I have also included a memorandum from Jim Breasted of Alpine Surveys, Inc, commenting on the latest revisions to the survey, Also enclosed is a copy of the Commitment for Title Insurance we had ordered on Unit B to reflect the current ownership, The current owner of Unit B is B & L Partnership, a Colorado general partnership, Peter A Looram is the managing partner authorized to sign all documents on behalf of the partnership, Please call if you have any questions, If all is in order, please let me know and I will circulate the mylars for signature, ty,~ Thomas add of Holland & Hart LLP TJT:sm Enclosures cc: Peter A Looram /""') ~. PITKIN C 0 U N T Y TIT L E, INC. THANK YOU FOR YOUR ORDER Please find enclosed a commitment or commitments to issue Title Insurance. Please review the enclosed and if you have any questions please do not hesitate to call us at the number listed below. TO: HOLLAND & HART ATTENTION: TOM TODD DATE: May 26, 1999 OUR CASE NO.: PCTl4233 SELLER: B & L PARTNERSHIP BUYER/BORROWER: PROFORMA LENDER: LEGAL: UNIT B, SOLAR PLEX COPIES TO: 1. 2. 3. 4. 5. SCHEDULE B'S DELIVERED TO: COMMENTS: THANK YOU!!! 601 E. HOPKINS ASPEN, COLORADO 81611-1967 970-925-1766 I 970-925-6527 FAX FNT r: .,.-., COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 05/06/99 at 08:30 A.M. 2. Policy or Policies to be issued: Case No. PCT14233 (a) ALTA Owner's Policy-Form 1992 Amount$ TBD PremiumS 141.00 Rate: STANDARD Proposed Insured: PROFORMA (b) ALTA Loan Policy-Form 1992 Amount $ PremiumS Rate: Proposed Insured: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: B & L PARTNERSHIP 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. ~, ^ EXHIBIT A UNIT B, THE SOLAR PLEX (A CONDOMINIUM) , according to the Condominium Map, appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado in Plat Book 6 at Page 129 and as defined and described in the Condominium Declaration for The Solar Plex (A Condominium) appearing in such records in Book 352 at Page 601. ' FNT .-- "'-i SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. FNT 1""', .-..\ SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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 records. 3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable: and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 7, 1888 in Book 55 at Page 2. 8. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Snowbunny Subdivision recorded May 2, 1957 in Book 181 at Page 255 and Assignment of Powers and duties recorded October 13, 1965 in Book 216 at Page 96, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 9. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 2, 1957 in Plat Book 2A at Page 229 and Plat of The Solar Plex Condominiums recorded August 9, 1978 in Plat Book 6 at Page 129. 10. Terms, conditions, provisions, Obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for The Solar Plex recorded August 9, 1978 in Book 352 at Page 601 and the First Amendment thereto recorded in Book 357 at Page 879 and Agreement Establishing Boundaries for Condominium Enlargements recorded October 28, 1998 as Reception No. 423840, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 11. Terms, conditions, provisions and obligations as set forth in Agreement recorded September 26, 1978 in Book 355 at Page 454. ( Continued) 'NT r'\ ,-. 12. Terms, conditions, provisions and obligations as set forth in License Agreement recorded February 16, 1999 as Reception No. 427795. 13. Any loss or damage resulting from the fact that the Real Estate Transfer Tax was not paid or exempted on the Deed recorded February 10, 1987 in Book 529 at Page 402. FNT 1"""\ /~ ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89~2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached.' Schedule B-Section 2 Commitment No. PCT14233 1""'\ ..-., Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 MEMORANDUM AND TRANSMtTTAL DATE: June 1, 1999 TO: Thomas J. Todd Holland and Hart, LLC FROM: Jim Breasted RE: PETER A. LOORAM (Job No. 98--12) We have reviewed the notes by the City of Aspen Engineering Department only three of which appear to apply to the plat amendment, namely: - Date of Survey - Index - Easement Statement - Reference to CRS 73-38-51 All the other notes apply to the original subdivision of the property which was as Solar Plex Condominiums according to the map thereof of record. The amendment is a survey of Unit B only and we as surveyors are certifying only to the location and the dimensions of the addition to Unit B. Accordingly, we have made the required changes to the plat, two copies of which please find attached along with a copy of the notes of the City Engineering Department. ;I U I Y t.NGINEER ~, PATE~ _____________________ __ ____ ,~ NJ "7 ~ :v'I::. ':) CLERK AND RECORDER1S CERTIFICATE , ;/ Tl-JI':J FIR':)T AMENDED CONCOMINIW1 MAP WA5 PILED R::::R ~E:.COf'<:D INTHE.OFFICe: Of THE: PITKIN COL)j-,ny CLERJ<. AND f'ECOf'DE~ AL---n__O'aO::::K --__M. ONT1-!E________DAY OF------___________,1'19'9 AND I:) -R!':"CORDEO AT RECEPTlCN 1---K), _____________________. AT --- -------- - --------- ---------------- ---. -- PITKIN CC:lJt---JlY CLE:.~J< AND RECORDER :JF --l - \[lC/rJITy MA-f - Sfl-o...J 1)(C.j'>lEWlI\y's.) P-N4:l~ S fA4'-s ) I KP~Vf"K~s ~t0:, ?tz:OP~i ~ 12> 4=- R.,e,~ ( - 'Zz,.JE p(s. fT2-{cr - PkT!';. ex==- .s:UR..'-lr=Y - (rJbE-K STh~'?;JT t1Au... ~ASfH1=i-m' Of f{::CtJp.:.p p..,s o/-J TITwr.: fOI-Ley Ncl, - ) PPiT60 (2- kz,~tt:S"J kff: oS'f/oLAlJ t+v"-KF~~. If L-cE (5 ~ GeE-Is t #J!/((AU'=O r~.<hrl+eJ c:...L()SE VJIT{fo.~ l :10 Co<> , NAMf":S kD:]3'~WG :SUfbPt\jP'J~8 r'. ~rs~(e,J6 UCs kf:I;;-A lD Cl tOO I ~ 6Ue..V-e;.y .cTA-~Mf-:-,<J( tl;::,e CRS' 73 - 38 -Sf r" 5HEE:.T I OF 2 :JI AtvlE:NOEP CONr::tJtvllt'-../IUM " OF .:JOLAR FLEX CONmMINIUM:::J 15/ BLO:.K I, 61--OvVBUNNY 301V'1510N J A::>f'E.N I COLO~r::t::J. Job No 9e>-12 Client L~ \~. .-' HOLLAND & HARTLLP ATTORNEYS AT LAW DENVER. ASPEN BOULDER' COLORADO SPRINGS DENVER TECH CENTER BILLINGS' BOISE CHEYENNE' JACKSON HOLE SALT LAKE CITY 600 EAST MAIN STREET ASPEN, COLORADO 81611-1953 TELEPHONE (970) 925-3476 FACSIMILE (970) 925-9367 THOMAS]. TODD ttodd@hollandhart.com February 23, 1999 fi.,.;,.~ Ms. Sara Thomas City of Aspen Department of Community Development 130 South Galena Aspen, Colorado 81611 fEE ? . lW9 ! ~'.i\.'" :<,: ,~.' COMMUNrr{ DSV'[~:;~,h~j~ir.:NT Re: Our Client: Peter A Looram-Amendment to Solar Plex Condominiums (aka Lot 15. Block L Snowbunny Subdivision. 1333 Snowbunny Lane. Aspen. Colorado 81611 Dear Sara: Enclosed is a draft of the First Amended Condominium Map of Solar Plex Condominiums which shows the horizontal and vertical dimensions of the addition to Unit B constructed by Peter Looram pursuant to his earlier approvals, Please look this draft map over and let me know if there are any changes the City may wish to make, If all is in order, I will commence circulating the mylars for signature. I look forward to hearing from you. Sincerely, --'7~ V--'~ u. ", Thomas J. Todd of Holland & Hart LLP TJT:sm Enclosure cc: Peter A Looram - ..... ,......., HOLLAND & HARTLLP ATTORNEYS AT LAW DENVER. ASPEN BOULDER. COLORADO SPRINGS DENVER TECH CENTER BILLINGS' BOISE CHEYENNE' JACKSON HOLE SALT LAKE CITY 600 EAST MAIN STREET ASPEN, COLORADO 81611.1953 TELEPHONE (970) 925-3476 FACSIMILE (970) 925-9367 THOMAS]. TODD ttodd@hollandhart.com February 4, 1999 :e,c\:.\",t:.V 'f\ \qqq ~t.'O ~ \ l'i\"'\~'i'W-€.\'I"\ P.S'i'€.1'IO€>J€.1.: .~\}l'\\~ dJW-'" Ms. Sara Thomas City of Aspen Department of Community Development 130 South Galena Aspen, Colorado 81611 Re: Our Client: Peter A. Looram--Amendment to Solar Plex Condominiums (aka Lot 15. Block L Snowbunny Subdivision. with a street address of 1333 Snowbunny Lane in Asoen) Dear Sara: Thank you for confirming that we can drop the signature lines for the City of Aspen Planning and Zoning Commission and City Council from the Amended Condominium Map, I will add the City Engineer's signature line, then have the map printed for your and Chuck Roth's further review. With respect to the minimum lease deed restrictions, I reviewed the original Condominium Declaration for the Solar Plex, along with a copy of the first amendment thereto. This was a duplex condominium approved without a minimum lease restriction, Based on the foregoing, I do not believe that the imposition of a minimum lease deed restriction is appropriate for this condominium map amendment. Please review the enclosures and let me know ifmy interpretation of the land use regulations varies with yours. TJT:sm Enclosures cc: Peter A. Looram , Sincerely, L '/r _1.., ..~"I ThomaH Todd of Holland & Hart LLP ../0 .. , I' , ("". lit/iI/Sir r I,/~ ,J.{J / bO/ ,~ , , , I I i I I I I , i i I CONDOIHNIU/'-l DECLARATION FOR 'l'BE SOLI\R PLEX (A Condominium) KNOh'ALL MEN BY THESE PRESENTS i I , I I Hl/EHEAS, IN'l'EH\'IES'J' ASSOCIATES, a Colorado 1 imi ted partnership, hereafter cilllen the "Declarant," is the owner of the following described real property situate in the County of Pitkin, State of Colorado: LOT 15, IN BLOCK 1, SNOI'1BUNNY SUBDIVISION, PI'l'KIN COUNTY, COLORADO, according to the recorded plat thereof \'IJIEEEAS, Deel ilrimt desi res te, establ ish a condominium project under the Condominium Ownership Act of the State of Colorado; and HHEREAS, Declarant has constructed a building and other improvements appurtenant thereto on the above-described property which shall consist of tlvoseparately designated rqsidential condominium apartment Units; and HHEREl',S, Declarant does hereby establish a plan for the ownership in fee simple of real property estates consisting of the arca or space contained in each of the Condominium Units in the building improvement, and the co-ownership by the individual and separate owners thereof, as tenants in COIlUnon, ! of all of the remaining real property hereinafter defined and I referred to as the Common Elements; I I I I I I , I I I I i I i I I II NO\'I 'l'lIEREFOHE, Declarant does hereby publish and declare that ,the fOllowing terms, covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be ~ burden and a benefit to Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, the following definitions shall apply: ! i II Ii II Ii ri I I I (a) "Apartment" or "Unit" means an individual air space which is contained within the unfinished interior surfaces of the perimeter walls, floors, ceilings, windows and doors of the Dwelling Units in the building as shown on the Map and any amended Map to he filed for record, together with all fixtures and improvements tLerCln contained but not incluc1ing any of the structural components of the building, if any, within a unit, and including thc: 9ari1SC' area as constructecl, if Clny. (b) "Condominium Unit" means an apartment together wi th tllC! und i v ided interest in the General and Limited Common Elements appurtenunt to such apartment. " 'I", . ~ (c) "Own0)," liIeans a person, firm, corporation, partnership, association or other legal eritity, or any combination thereof, owning one or more Condo- minium units; the term "Owner" shall not refer to any Mortgagee, as ~erein defined, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (d) "Mortgage" means any mor~gage, deed of trust, or other security instrument by which a Condominium Unit or any part thereof is encumbered. (e) "Mortgagee" means any person named as the Mortgagee or beneficiary under any mortgage which encumbers the interest of any Ol-mer" (f) "Corrunon Elements" means: (I) ~'he real property upon which the building is located. (2) The foundation, columns, girders, beams, supports, main walls, roofs, crawlspaces, exterior building surfaces and any "party wall" as shown on the Map. (3) The installations consisting of the equipment and materials making up the central services such as tanks, pumps, motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating and air conditicning and, in general, all apparatus and installations existing for common use; (4) Such partly or entirely enclosed air spaces as are provided for community or conunon use; (5) All other parts of the property necessary or convenient to its existence, maintenance and safety or normally in conunon use. (g) "General Conunon Elements" means those parts of the Common Elements which are not designated as "Limited Conunon Elements." (h) "Limit0d Conunon Elements" means those parts of the Common Elements reserved for the exclusive use of the O\lI1ers of less than all of t,he Condominium Units in the building. The surface and airspace above the portions of the ground designated "Exclusive Use Area" for the respective Units are Lind teLl Conunon Elements. (i) "Entire 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. (j) "Conunon Expenses" means and includes: (ll All sums lawfully assessed against the Generi11 Common Elements; '. i Ii I: (2) E~renses of administri1tion and management, maintenance.., l:('l'air or replacement of the General ComrnoJ'l Flc'men t.s; '.;,'-- i r 'I I I I I""""-- ,-" (3) Expenses declared common expenses by the Unit Owners. (k) "I-lap" means the Condominium Map referred to in paragraph 2 beLow. (1) "Building" means the building improvement comprising a part of the property. (m) The ti tJ e "Managing Agent" shall refer to the person, firm or entity which mayor shall be selected and appointed by the Owners of the Condominium Units in accordance with the provisions of Section 14 of this Declaration. 2. COND011INIUM HAP. Declarant shall cause to be filed for record a Nap. The I:iap shall depict and show at least the following: The legal description of the land and a survey thereof; the building and the location of the Units within the building; the perimeter boundary of each Unit; the Unit numbers or other designation. The Map shall contain the certificate of a registered Colorado land surveyor certifying that the Map substantially depicts the layout, measurements and location of the Building, the Units, the Unit designations, the dimensions of such Units and that the Map was prepared subsequent to substantial completion of the improvements depicted. In interpreting the Condominium Map the existing physical bounuaries of each Unit as constructed shall be conclusively pJ;'esumed to be its boundaries. 3. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS. The real property is hereby divided into two (2) ~eparate fee simple estates, each such estate consisting of the separately designated units and the undivided interest in and to the general common elements appurtenant to each unit as is set forth on the attached Exhibit A, which by this reference is made a part hereof. Each such unit shall be identified on the Map by number and building symbol as shown on Exhibit A. 4. LHlITED COHI>10N ELEMENTS. 1\ portion of the General Corronon Elements is set aside and reserved for the exclusive use of the Owners of each Unit respectively, such areas being the Limited Common Elements. The Limited Common Elements reserved for the exclusive use of the individual Owners shall be identified on the Map, and shall, without further reference, be the Limited Co~non Elements associated and used with the Apartment Uni t to which eelch such el ement is a ssigned on the Hap. All Limited Corronon Elements shall be used in connection with the particular Apartment Unit to which it is assigned on the Map, to the exclusion of 'llle use thereof by the OI'lIler (s) of other Unit except by invitation. All of the owners of condominium I units in this condominium project shall have a non-exclusive right in common \,!j th all of the other OImers to use of side- I I waiks, pathways, ro~ds and streets located within the entire I I I condominium project, if any. No reference thereto. whether I I I Ii ,I I' I! Ii I' J! !: , I' , ",......... ",......... .: I such limited common elements are exclusive or non-exclusive, need be made in any deed, instrument of conveyance, or other instrument, and reference is made to the provision of paragraph 6 of this Declarat~on. 5. INSEPAIUlBIl,I'l'Y OF A UNIT. EachUni t and the undivided interesEl:n-t:he-General Cornmon Elements and the Limited Common Elements, if any, appurtenant thereto shall be inseparable and non-partitionable and may be conveyed, leased, encumbered, devised or inherited only as a, Condominium Unit. . 6. METHOD OF DESCRIPTION. Every contract for the sale of a condc;,iil'ilTllj'n-i:iill'l-hamrevery other instrument affecting title to a condominium unit may describe that condominium unit by the unit number and building designation shown on the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in the following fashion: Condominium Unit~, THE SOLAR PLEX (a Condominium) accord~ng to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book ~, at page ~. Such description will be construed to describe the unit, together with the appurtenant undivided interest in the common elements, and to incorporate all the rights incident to ownership of a condominium unit and all the limitations on such ownership as described in this Declaration. 7. SEPARATE ASSESSMENT AND Tl,XNrION-NOTICE TO ASSESSOR. Declarant shall give written notice to the Assessor of Pitkin County, Colorado, of the creation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessments and taxation. In the event that for a period of time any taxes or assessments are not separately assessed to each unit owner, but are assessed on the property as a ,whole, then each unit owner shall pay his proportionate share thereof in accordance with his percentage ownership of the general common elements. 8. TITLE. A Condominium Unit may be he'ld and owned by more than one perso;1 as joint tenants, as 'tenants in common, by any legal entity, or in any real property tenancy relationship recognized under the laws of Colorado. 9. NONPAJ{TITIONAIlILITY OF GENERAL CmU,JON ELEMEI<TS. The General CoiiiffiOri- Elements shall be O\-Incd in common by aIr-of the Olvners of the Apartment Units and shall remain undivided, and no Owner shall bring any action for partition or division of the General Common Elements. Nothing contained herein Shall be construed as a lilnitation of the right of equitable partition of a Condominium Unit between the Owners thereof, but such partition shall not affect any other Condominium Unit. I 10. USE OF llNI'J'S; GENERAL AND LU1I1'ED COH!,lON ELENENTS. " Each Ol-mer shaII---Ecc-n-titleZf to exclusive ci~me-rship and pcisses- Ii sion of hi S Apartment. Each Olmer may use the General and I Limited Common El""nents in accordance with the, purpose for I which they are intend0cl, without hindering or encroaching upon I the Im,;ful ric)!Jto; of Lhe other Olvner (s) . i Ii I , I " - I .1 /""', ,..-.." 11. USE AND OCCUPANCY. Each Condominium Unrt shall be used and occupied solely for residential purposes only, and except as provided in this paragraph, no trade or business of any kind may be carried on therein. Subject to applicable governmental land use regulations, lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. 12. ~~~~~~~TS FOR ENCROACHMENTS. If any portion of the General Conunon ElaIne,n ts now or hereafter encroaches upon an Apartment, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of an Apartment now'or hereafter encroaches upon the General Common Elements or upon the adjoining Apartment, a valid easement 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 encumbrances either on the General Common Elements or the Apartments. 1'he foregoing shall apply, as well, in the event of the partial or total destruction of the building, either of the units or other improvements comprising all or a part of the general common elements and the subsequent rebuilding or reconstruction thereof: 13. 'l'ERHIIJNl'l('lJ OF NECHhNIC' S I,IEN RIGHTS AND INDEMNIFICATIOf~-:--No-Tab6r performed or m-ateri'als furnished and incorporated in an Apartment with the consent or at the request of the Owner thereof or his agent or his contractor or subcontractor shall be the basis for filing of a lien against the Apartment of any other Owner not expressly consenting to or requesting the same, or agains-t the General Common Elements owned by such other Owners. Each Olmer shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the hpartment of any other Owner or against the General Common Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the Owner's Apartment at such Owner's request. Notwithstanding the foregoing, any mortga~ee of a condominum unit who shall become an owner of a condominium unit by deed in lieu of foreclosure shall not be under any obligation to indemnify and hold harmless ,any other owner against liability for claims arising prior to the date such mortgagee becomes an owner. 14. AD!HNISTRATION AND W\NAGE/1ENT. Each Owner shall manage his own Unit and share management of the general common element co-equally with the other OIiner, unless the O~mers of both Units agree upon the appointment of a Managing Agent to administer both units and the common elements. Notices of Appointment of the Nanagi ng Agent by Ule Owners of Units hereunder shall be placed of record by the Manager insofar as required by law or practice. 15. HESERVATION FOR ACCESS-MAIIlTENANCE, HEPAI" AND EMERGENCIES. 1~0 Owners shall have the irrevocable right ~o have access to each hpo'lrtment or the Limited Common Elements appurtenant theJ;eto from time to time during reasonable hOUJ;s as may be necessary for the inspection, maintenance, renair or replacement of any of the General Common Elements th~reon OJ; accessible therefrom or for making emergency renairs therein necessary to prevent damage to the General or' Limited Common ~lemcnts or to another Apartment. " , I; - ~~l .- II i I r 1 .1, 1 I I I I I , I r I I I , I r , r I I 1 I )1 I I i I ; i II I r I 1 I I I " I I I i II /I Ii ! I " " " II I: , If I; .. I. ;i " ,,-.. ~ Damage to the interior of any part of a Unit resulting from ~in'enanee, repoir, emergeney rep'ir 0' repI,eemen. of 'ny of 'he General CO~on Elemen." or '" . re"olt tif e,"ergency repairs within another Unit of an Owner at the instance of 'no'her Owner "1,," be , CO~on Expen"e of '11 of <he Owner", prOVided, hO\~ever, that if such damage is the result of the negligence of a Unit Owner, then sUch Unit Owner shall be responsible for all of such damage. 16. Oh'lJERS' NlIINTENlINCE RESPONSIBILITY. For purposes of maintenilnce, rePaJ:r-~-':;IT(;r<ltion ann rClliodefIIlg, an Owner shall be deemed to Ov/f) the exterior surfaces of Such Owners' Unit 'ho limited common o1emo"," '""igned 'he,e.o, 'nd window", doors, interior nonsupporting walls, the materials (SUch as but not limited to Pl<lster,qYPSUm dry walls, paneling, wallpaper, briCk, ~tone, paint, Wall and flOor tile, and flooring, but not inclUding the SUbflooring making up the fini"hed "O'f'ce" of 'he perime'e, 0"'"', eeiling" 'nd flOor" .i'.in 'he Uni. 'nd "e Uni. dOor" 'nd .indow", prOVided, hooever, "0' in e.erci"ing "oc. re.POn"ibili.y ~ 'ny righ. g"n'ed onde, "i" P"'gr,p. no rep'i" "'er"ion, remodeling or m'in'enance thereof shall modify the appearance or Color Scheme of the eX.erior imp,ovenenh a" 'hey may exi". from time '0 time by agreement of both of the Owners, without the 'written consent of bO'h of the Ownoro. Tho Owne, ""11 no. be deemed '0 000 any utilities rUnning through his Unit vlhich serve more than one Unit except as a tenant in common with the other Owners. SUch right to repair, alter and remodel shall carry the Obligation to replace any finiShing materials remOVed with similar or other types or kinds of finiShing materials of equal Or better quality, and to maintain the eXclUsiVe USe area in neat and clean condition. An Owner shall maintain and keep the interior, together oi<h exterior .otiaeo" and o'her non-in.erior ere., for which he i, Ie"pon"ible a" P'ovided 'boVoin 'hi" por'9,"Ph 16 0' his OWn Unit and the Limited Common Elements apPurtenant thereto in gOod taste and repair, inClUding the fixtures "e'eof. All fix.u re, eod eqo i pmeo. in'.a 11 ed wi th the Uo it eommeOCing a. , pOio. w'e'e "e Utili.y linee, pipee, Wire", conduit" or "yotem" (ohie. for brevity ere he,..fte, 'e'erred to '" 'Otilitie.., en'er 'he UniL "'e11 b. main..ined ,"d kep. in repair by th, O,m er "ereof, proVided, hoveve" e.eJ, Ovne, "'011 be reep~'ible, "hi, .'pen.e, oithou. limi.a'ion, for ..~ m.in 'enon ee, rapait and repleeemen. of .11 por ti ono ,"d componen" of 'he oolor I, eo tino con ,ti .u ting . limited eommon el emen. 'ppo,- tenant to that Owner's Unit regardless of where situate. 17. COlH'I,1MJCE 1i'1TH PROVISIONS OF DECLARATION. Each ----- Olmer shall Comply strictly wi th the prOViSions of this Declaration as the same may be laWfUlly amended from time to time. Failure so to Comply shall be grounds for an action to recover sums due and for damages or injunctive relief or both, m.in.ainoble by .ho Hanaging Agen. by an aggrieved OWner, or assessable as thouqh Common Expenses. 18. RBVOCNfIm, OR lIHENDMENT TO DECLlITVlTION. This ~------- - ---~ Deel.r"ion "011 00' b. revok.d Oor """ any o. ... P,oVi.ioo. 'eroio be ameo' ed un ,,,,, . I, e oWoer 0 0' bO'h Un i.., aud ," 0 f the hOlders of any recorded first mortgage or deed of trust COvering or affectinq 'll1Y or all Condominium tlnits consent and agree to ~uch re\'Oca t j on or alilenclrnen t by ,instrument (s) which sha 1 1 be du ly recorded. 19. M;ST:!:,S!'lEli'i' )'())> CO~lMON r:XPF:N~;EE;. 1111 O\':ners shall h. obli g. tv" ",. f;,ii' -Un' "'" <. .",.i,I ;,'j mp''''',i'b, U"" noel a,. ti 00 by the Oh'1Ic'1"'; Or 1'1"!1;1<1 i nq ;;(Icn t to ltIeet the COHII!l()., L ;-:j 'f ; ; ':,,' I-lhich shall be, necc~:""l:"1 0 b,( I' i hc, fil-crject: ,in (10:':/ ";,,, attract,ive c(J1iditjon_ Lx:',,;_! i,'r ,ill';U!-'ll'Cl.' !)J'C'!iUU1:"" L;" .' ~ '-". '-", assessments shall be made pro rata according to each Owner's fractional interest in and to the General CODUnon Elements. Assessments for insurance premiums shall be based upon that proportion of tile t,otal premi ums that the i nSUTance carried on a Condominium Unit bears to total coverage. Assessments for the estimated Co~non Expenses, including insurance, shall be due mont,llly in advance on the first day of each month. The Nana<]ing Agent or other Owner incurring the cost shall prepare and deliver or mail to ei'lch Owner an itemized monthly statement shOl-1ing the various estimated or actual expenses for which the assessments are made. Contribution for monthly assessments shall be prorated if the o\'lDership of a Condominium unit commences on a day other than the first day of a month. Assessments for the reasonable actual C0flU110n expenses may be made, by the Managing Agent, or Owner incurring the same, among other things, for the following: expenses of management; taxes and special assessments, until separately assessed; fire ins\lri1nce with extended coverage and vandalism and malicious mischief insurance with endorsements attached issued in the amount of the maximum replacement value of all of the Condominium Units; casualty and public liability and other insurance premiums; landscaping and care of grounds which are general cmrunon elements (the intention being that landscaped areas \,hich a limited common clement shall be the responsibility of the unit owner to which that area is appurtenant, the same shall always be maintained in the fashion provided in paragraph 16 hereof with respect to unit interiors; common lighting and heating; repairs and renovations; garbage coll(;:cti.ons; wages, water charges, lC~ja1 and accounting fees; management fees; expenses and liabilities incurred by the l-lanaging Agent or other Owner under or by reason of this Declaration; the pilyment of any deficit remaining from a previous period; the creation of a reasonable contingency or Other reserve or surplus fund as well as other costs and expenses relatinq to the General Conunon Elements. The omission or failure of the Owners or Nanaging Agent to fix the assessment for any month shall not be deemed a waiver, modification or a release of the Owners from their obligation, to pay. No improvements shall be made to the COffi~On elements witho;.lt the consent of both of the Owners. 20. IHSURl\NCE. The Hanaging Agent or Oh"l1erS shall obtain and maintain at all times insurance of the type and kind provided hereinabove, and including for such other risks, of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to other Apartment or Condominium Buildings, fixtures, equipment and personal property similar in construction, design and use, issued by responsible insurance companies authorized to ao business in the State of Colorado, and as shall be satisfactory to all holders of first mortgage and first trust deeds encumbering the units. The insurance shall be carried in blanket policy fOem naming the Owners as the insureds, which policy or policies shall identify the interest of each Condominium Unit Owner (OvlDcr's name, unit number, the appurtenant undi\-ided interest in the General Common Elements), and which shi"ll provide for a standard, noncontributory }lortgagee clause in favor of cad, first Hortgagee, and shall further provide tha tit Ci1TlnOt: ),':" cancelled by oi ther tlw :i nsured or the insurance conlpallY until after ten di1y~-.1 prior t-:ritten notice to each first Mortgagee. 7~e Mi1naging hgent or Owners, upon reDuEst of any first Mortgagee, shall furnish a certified co:;'y of such blard:et policy and the sei'2rate certificate id,mt:ifyillC) tlln il!Lcrcst of the mortgagor. Ii " " " '_ -1__ , 1: " ". , ~ i I , "I I i All policies of insurance shall provide that the I insurnnce th<=rt'under shall be invalidate,} or suspended only in respect to the interest of any particular Owner guilty of a breach of warranty, act, omission, negligence or noncompliance ",ith any provision of such pOlicy, including non-payment of the insurance premium applicable to tbat Owner's interest, or who permits or fnils to prevent the happening of any event, ",bethel" occurring before or after a loss, which under t:he provi~;ions of such pOlicy would otherwis'e invalidate or suspend the entire policy, but the insurance under any such policy, as to the interests of all other insured Owners not guilty of any such act or omission, shall ',not be invalidated or suspended and f;hal] rmnain in full force and effect. Unless the O,,,ners oLhend f;e ilCJr0e, determination of min:imum replace- ment value of atl Condominium Units for insurance purposes shall be made annually by one or more written insurance appraisals, copies of "'hich shall be furnished forthwith to each Mortgagee of a Condominium Unit. In addition, each Owner shall be notified of sueh appraisals. .-." ~ Insurance coverage on the furnishings, additions and improvements incorporated into a Unit and all items of personal property belonCJing to an Owner and casualty and public liability insurance coverage within each individual Unit shall be the responsibility o~ the Owner thereof. 21. mil'JEHS' I'EnSON1,IJ OBLIGATION FOn PAYt-lEm' OF ASSESSMENTS. The amouiitO'1: the Common Expenses ci'ssessed against or incurred on account of each Condominium Unit shall be the personnl and individual debt of the Owner thereof. Suit to recover a money judgment for unpaid conmon expenses shilll be m:,int<,-inilb]e vy the Hanil<]ihg Agent, or ilny aggrieved Owner without foreclosure or waiving the lien securing same. No Ov:ner may exempt himself from liability for his contribution tm";ilrds the' ConuOIon Expe,nses by \'Iiliver of t:he, use or enjoyment of any of tlw Common 1':] ements or by abandonment of his Unit. 22. LIEN FOn NONPI\.YHENT OF' COI-lI'10N EXPEliSES" All sums due but unpaid-for the share of Common Expenses....chargeable to any Condominium Unit, including interest thereon at eight percent per annum, shall constitute a lien on such unit superior (prior) to all other liens and encumbrances except: I I I I I I I I I I I To evidence such lien the aggrieved Owner or Managing Agent may, but shall not be required to, prepare a written ,: notice set t in9 for L h th0 ilmount of such unpa id indebtedness, I the name of the defaulting Owner of the Condominium Unit and i a description of the Condominium Unit. Such a notice shall be i signed by the aggr iaved (Mner or the Nanag ing Agent, as Ii appropr ia te, and may be recorded in the off ice of the Clerk , and Hecorc1er of the County of Pitkin, State of Colorado. I I Such lien for the, Common Expenses shall attach from the date of thc' failun' of payment' of the debt, and may be enforced by fOJ:cc}osure on the defaultinq Oh"ne}' '5 Condominium Unit by the ageJl'iev,'" (Mne r or the Hanag i nq l\qent_ ill like (a) Uni, t in and 'l'a>: and special assessment liens on favor of any governmental assessing the entity; (b) All sums unpaid on a first mortgage or first deed of trust of record, including all unpaid oblig~tory sums as may be provided by such encum- brance, including additional advilnces, refinance or extension of these obligations made thereon prior to tbe ilrising of such a lien. " " I' i: - F- ~ ,-., manner as a mortgage or deca or trust on rc~l property upon recording of u notice or claim thereof. In any such fore- closure the defaulting Owner shall be required to piy the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney's fee" incurred in enforcement of the lien claim. 'l'he defaulting O\vner shall also be rC(juired to pay to the foreclosing party a reasonable rental for the Condominium Unit during the period of foreclosure, and the foreclosing party shall be'entitled to a receiver to collect the same. The foreclosing party shall have the pm~r to bid in the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey same. The ilI110unt of the Comnlon Expenses chargeable against each Condomin,i urn Uni t and the costs anel expense~;, including attorneys' fees, of collecting the same shall also be a debt of the Olvner thereof at the time the same is due. Suit to recover a money judgment for unpaid Cormnon Expenses shall be maintainable without foreclosing or waiving the lien securing same. Any mortgagee holding a lien on a Condominium Unit may pay any unpaid ComInon Expense payable wi th respect to such Uni t, and u!x,n such payment such mort~lagee sha 11 have a lien on such Unit for the amounts paid of the same priority as the lien of his encumbrance. 23. LIABILI'fY Fon COI1l'ION EXPE1JSE UPO!'! TRhNSFER OF CONDOHINIUM ul,I;r:--Upon raYlnent of a Hlasorii:lbfcfee notto-- exceed ten dollars and upon the written request of any Owner or of any Mortgagee or prospective Mortgagee of a Condominium Unit, the Managing AgCllt or the Owner of the other Unit shall issue e written statement of facts known to him, expressly or constructively, setting forth the amount of the, unpaid Common Expenses, if any, with respect to the subject Unit, the amount of the current monthly assessment and the date such assessment be'comes due, credi t for advance pi1yments or for prepaid items, including but noL limit(:cl to insurance preliliulIlE;, which !;hi.tll be conclusive upon the issuer of such statement in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness is furni shed \d thin ten days, all unpaid Cormnon Expenses which become due prior t,o the date of mak.illc! such reque!3t shall be subordinate to the lien of the mortga'Jee requesting such statement. , i I; Ii I' The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid aSSc'[;z;ments against the latter for his proportionate share of tlw Cormnon Expenses up to the tin~ of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided however, that upon payment of a reasonable fee not to exceed ten dollars, and upon written, request, any prospective grantee shall be entitled to a statemerit from the Managing Agent or Owner of the other Unit of facts known to him, expressly or constructively, ~etting forth ,the amount of the unpaid assessments, if any, with respect to the subject Unit, the amount of the current monthly ass',SslIIcnL and the date thClt such assessment becomes due, cretl it f ()l~ iJclVilnCGd pc:.lymcn ts or for prepa id i. tems, includinCj buL not J.imiteC:: to insurance p,emiums, \-:hich shall be concl{lsiv(~ upon theissncr of stlch statements. Unless such requ(:~;L j or " statement of indebtc,ine!;c; ['halJ be complied \-:ith \-:ithin L('" CLI)''' of such rC'qucst, tLen such grantee shall not be :ii"bl,.. for, nor shall the, Unit conveyed be subject to a li0n for, any unpaid a~sessments against the ~uLjcct Unit. H ;.J _ (I~. ""'"'" ,.......... 24. l~OR'l'Gl\GJNG A COND01UlJIUN UNIT-PRIORITY. Any Owner shall have-t:1'lC-:-i:igh't-----rrclm time to tfiile t,o mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority- under applicable law. 'l'he Owner 10f a Condrnniniwn Unit may create junior mortgages on the following conditions: (1) any such junior mortgages shall I always be subordinate to all of the terms, conditions, I covenants, restrictions, uses, limitations, obligations, lien for common expenses, and other obligations created by this Declaration; (2) t,he 1-1ortgiJgcc-, under any junior mortgage shall release, for the pu~pose of restoration of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said pn,mise~; which insurance policies viere effected and placed upon the mortgaged premises by the Managing Agent or other Owner. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Hanaging Agent or the OWlwr or either of them. 25. HI GilT OF FIRS'l' REFUSlIL BY (l~mERS. In the event any Owner of a--rondom{iil-;1ril-unit-,-other than-the Declarant, shall wish to sell or lease the same for a term longer than one (1) year, and shall have received a bona fide offer therefor from a prospccti~e purchaser or tenant, excluding ari offer from the Owner, the selling or leasing Owner shall give written notice thereof to the"'remaining Olmers together with a copy of such offer and the terms thereof. The remaining I Owners, individually or collectively, shall have the right I. to purchase or lease the subject Unit upon the same terms and conditions as set forth in the offer therefor, provided written notice of SUCII election to purchase or lease is I given to the selling or leasing Owner, or hie; agent, together I with a matching down payment or deposit during the twenty (20) day period inunediately following the receipt of the notice of t he of f cr to purchase or lease,. The right of first refusal herein provided shall not apply to leases or subleases having a term of less than one year and one day. I In the event any Owner shall att~mpt to sell or lease I his Condominium Unit without affording to the other Owners the right of first refusal herein provided, such sale or lease I shall be voidable and may be voided by a certificiJte of I noncompliance of the 11anaging Agent or aqgrieved Owner duly recorded in the recording office where the Declaration is recorded. !lo\'icvc,r, in the event the ~lanaginCj Agent or aggrieved , Qlmer have not rccordeu such a certificate of noncompliance I within one year from the date of recording in the case of a deed delivered in violation of this paragraph and within one year J;rom the,date of possession under a lease executed in I violation of this paragraph, such a conveyance shall be I conclusively deemed to hav~ been made in compliance with this I paragraph and no lonqer vOldable. ~~e subleasing or subrenting of an apartment shall be, subject to the' same limitations as are aFplicable to the leasing or rE'ntinr; thereof. 'l'ne liability of the Ov!ller under lh2se covenant~; ,;ho.ll continue, notldth~;tilnc1inq the fact that he may have leBsed or rented said interest ~s provided herein. In no c~sc shall the right of first refusal reserved ! herein affc,ct Ul':' riqJlt of an O,-mer to sllbj'.,ct hig CondominiuCl ; Unit to a trll~;t deed, 1l\0rt'.liJCjQ or other !;Qeuri.ty instrument. i Ii If , ji " I I, '. ....1 (I ~ ~ The right of first refusal, as provided herein, shall extend and run for th0 life of John C. Ginn, of Aspen, COlorado, iand his now living descendants and survivor of them, plus itwenty-one years. . I 26. EXEr'lPTION Fl~()1-l HIGHT OF FIRST HL:FUSAL. In the 'event of <my defa'ulT-ollthe part of any-O,:mcr"iinc1er any first mortgage which (~ntitl(~s the holcler thereof to foreclose silme, any sale under such foreClosure, including delivery of a deed to the first mortgagee in lieu of such foreClosure, shall be made free and clear of the provisions of paragraph 25, and the purchaser, or grantee under such deed in lieu of foreclosure, of such Condomin.ium Unit shall be thereupon and thereafter subject to the provisions of this Declaration. If the purchaser following such foreclosure sale, or grantee under deed given in lieu of such foreclosure, shall be the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter solI and convey the Condominium Unit free and clear of the provisions of paragraph 25, but its grantee shall there- upon and thereafter be subject to all of the provisions thereof. ~'he fOllowinq transfers are also exempt from the provisions of paragraph 25: (0) 'l'ransfer by operation of law of a deceased joint tenant's interest to the surviving joint tenant (s); (b) Transfer of a deceased's interest to a devisee or devisees by will or his heirs at law under intestacy laws; (c) Transfer of an Owner's interest by treasurer's deed pursuant to a sale for delinquent taxes; (dl Transfe~ of all or any part of e partner's interest as a result of withdrawal, death or other- wise, to the remaining partners carrying on the partnership business and/or bona fide transfers to a person or persons becoming partners; a transfer of all or part of a partner's or partners' interests between one or more partners and/or to persons becoming partners; (e) Transfer of a corporation's interest to the persons formerly owning the stock of the corporation as a result of a dissolution. ^ transfer to the resulting entity following a corporate merger or consolidation; provided, however, that at least fifty percent of the stock of the resulting entity is owned by the stockholders of the corporation formerly owning the Condominium Unit; (f) Tranfer by gift. :21. CEJ{TIFICl',TE OF COHPLIANCE RIGHT OF FIRS~' RF:F'USl\L. Upon writ ten rCCllwSt ot any prospecti ve tr~ll1~;fe-rce--;-purcTi;isei;- tenant or an existing or prospective mortgagee of any Condo- Iminium Unit, the I'lanaging Agent or OIYncr of the other Unit Ishall forthwith, or where time is specified, at the end of the /time, issue a writt?n and acknowledged certificate in recordable form, eVldcnclng:' I I ! ! I I: I: --1 J -- j: , , I \ , , I I \ I ,.-" ,.-" ,1 ' (a) l-lith respect to a proposed lease or sale under paragraph 2:, that proper notice was given by the sel1in<) or l{:asing Owner and that the remaining Owners did not elect to exercise their option to purchase or lease; . (b) with respect to a deed to a first Mortgagee or its nominee in lieu of foreclosure, and a deed from such first Mortgagee or its nominee, pursuant to paragraph 26, that the deeds were in fact given in lieu of foreclosure and were not subject to the provisions of paragraph 25; (c) \-lith l:espoct to any contempl ated transfer which is not in fact a sale or lease, that the transfer \-Jill not be subject to the provisi0l1S of paragraph 25. Such a certificate shall be conclusive evidence of the facts contained therein. 28. !:.EI~~l.!'10}!_ PHQ!'..~~R1,! FOR C~l:l:~~(2.l'~ USE. The Managing Agent or any (Mrwr IllilY, \-Ji teh the consent of both Ovmers, acquire and hold for tho use and benfit of all the Condominium Owners, real, tangible and intangible personal property and may dispose of the same by sale or otherwise, and the beneficial interest in any such property shall be owned by the Condominium O\Vners in the same proportion as their respective interests in the General Common Elc:mEmts and shall not be transferable except with a transfer to the transferee ownership of the transferor's beneficial interest in such property without any reference thereto. Each O\-Jner may use such property in accordance with the purpose for \vhich it is intended, without hindering or encroaching upon the lawful rights of the other Owners. The transfer of title to a Condominium Unit under foreclosure shall entitle the purchaser to the beneficial inter~st in such personal property associated with the foreclosed condo- mini urn Uni t. 29. Hi\ILING OF NOTICES. Each O\mer shall register hi s mai 1 ing addi:-ess--\n th the other Owner or Hanag ing Agent and all notices of demands intended to be served upon any Owner shall be sent by either registered or certified mall, postage prepaid, adclressed in the name of the (Mner at such registered m,ailing address. All notices or demands ,intended to be served upon the Owners or the Managing Agent shall be given by registered or certified mail, postage prepaid, to the registered I address thereof. All notices or demands to be served on Hortgagees pursuant hereto shall be sent by either -'registered I' or certified mail, postage prepaid, addressed in the name of the Hortgagee at such address as the Hortgagee may have I furnished to the O\Vners or Managing Agent in \vr i ting.- Unless I the Mortgagee so furnishes such address, the Mortgagee shall I be entitled to receive none of the notices provided for in i this Declarat,ion. Any notice referred to in this Section shall ; be deemed given \'Ihcn deposited in the United States mail in I the form provided for in this Section. i I I I II , 30. PElUO[) OF CONDm-lINIUl.l millEESHIP. The separate condominiurn (,sla't~,~;-c-r-eated by the Dcclar-i1'tlon and the Hap shall cont.i nuc' \l1l1:il this Declarati0J1 is revo}:ed in the manner and as is provided in paragraph 18 of this Declaration. I , I , I i Ii I' r i: I, I, - :I .~ - 'I ,~, f'\ 31. GCNEHAL. (a) If any of the provisions of this Declaration or any I'ara(lraph, f:lentence, clause, phrase or word or the. application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration. (b) The provisiclfls of this Declaration shall be in addition and supplemental to the Condominium Ol-mership Act of the State of Colorado and to all other provisions of law. (c) \-:licnC'ver used herein, unless the context shall othcn-llse provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. (d) Wherever herein written responses or statC'ments shall be required to be made by an Oloner, failure by such O\vner to so make and deliver the same shall give rise to the right of the other owner to threaten to apply and/or to apply to a court of competent jurisdiction to order the same, and in the event of such threat or application, tJw party t,hreatening to and/or applying for such order shall be entitled to recover his costs, including reasonable attorneys' fees in processing and prosecuting such application or threatening to so do. IN l\'I'l'NESS \'IIlEHEOF, Declarant has duly e>:ecuted this Declaration this day of , 1978. INTEIU'iEST ASSOCIATES, a limited partnership ATTEST: By: INTERWEST REALTY, INC., a Colorado corporation and the general partner thereof Assistant Secretary President (Corporate Seal) I STATE OF COLORADO I COUNTY OF PITKIN I' The foregoing instrument was acknowledged before me I this _ day of , 1978, by I .~ a~ prpsidcnt, and 'l as!~~~~5tl~~ of INTERWES~ HEALTY, INC., a I Colorado cOrj)c>rati'on and general partner of It,'l'EEI'IEST ASSOCIA'l'ES, la Colorado limited partnership, for and as the act of that , ilimited partnership. I ~s. \.;I'J'In::~;~~ Eli hand anclofficial s€:al. ! i I i I: I' .. Ny com:il:i ~~;~iun p;.:pire~;: I! I I I , ('\ I I i Ii UNB' NO. A B I Ii Ii Ii i I ! " i, i' I: I I I' " , ,. ,-., EXIIIDrf "1<" 'I'O cormoruNHJ!.\ DECIJ\RA'l'ION THE SOLJ\H PLJ:~X (a Condominium) UNDIVIDED INTEHES'I' IN ],ND '1'0 THE GENEHl\L COHrlON ELn'BN'rS I I I I I I I I I . I 50% 50% ~"',' I I I I , , i. ( i:t t ' t t, r ! ;:-t , t ;: " l t f r r t, ~, J" " ! !; r . :0,,' ~ " I ~ " ,-, .~ ...-.~~t-_._- '. ~~- .,A..............-.--"...---.-- --- _. ___.. .'w RC"('('l~dt'd 1: V' ""1 ~~O\ II'. l (: . .... 1'1'11,1': tot,>. : ''','1111 ,l ..... ~ i ," . t I it I'"~ 'llId! J.i I "'ll'3~ 7 '~t81W "1.1,., r IES'; f\MU':DHU.T T(l CONDOlnNll'M DEC!"",llITION rnR "IIf. SOLAR P Lf.> U, (C.)THiomini Uft) nus rJ R!;T lIMf.NDMI.Nl' to th. CondOMinium Declaration fer "he Solar Plex (h~relnnfter somel i",e,' referred ',0 a. the .Condominium Complex") made this _2,~_ day of "'~'.1~~___' 19i8, by all of the fee simple c"m~r. of a:l of the condominium unit. within said Condominium Comrl"., and all of the holders of first deeds of tru.t or mortgages encumbering the same., ;, I WI EREl,S, there has previously been recorded in Book 352 : at Page 601 of the records ,of Pitkin County, Colorado, c~e ! ::::::::i:: ::c:::a::::l:::t;::.~~l::d~lex (hereinafter sometimes Ii r " tion may be amended upoc the con.ent and agreement thereto by tho ,I I,,: owners of both units, and all of the holder. of any recorded first mortgage or deed of trust covering or affecting th~ units. " , WHEREAS, pursuant to paragraph 18 thereof, the Oeclara- NOW TIIEREfORE, the und,-rsigned, being all the record owner. of the Condominium Complex, and all of the hold.r. of any recorded first mortgage or deed of tru.t covering or affecting the condominium unit., do hereb}' publi.... and declare that the following terms, condition. and provi.ion. .holl be in addition to those set forth in the Condominium Declaration for The S-:>lar Pl"x record~d in Dook 352 at ~Dqe 601 of the records of Pitkin County, Colorado, 8hall, if and to the extent inCm\tlifltent therewith, be dee~ed controlling and ehall be deemed to run with the land, shall Ix> a bur,len and a benefit to all condominium U!litE within 'fIll. S"'.lar Plcx and t-.h.~ owners t~(>n~;of, th~ir heirs, ~ , 1 it ~ ~ .. t. 1';". ~. .~ ~: ;, i:' r~i ;1;- ,~ I 4 l' J; !: i \ I ,) " ') q ~ 1; n .~~ ~ I. I 11 " I ,I M 'i'; # ~ I . I , 'i "' fI-' " ."; ~.. . '." ~! '.' ." , :~',.~ ~ :-'~ ',t- }~~.. .r.,.'."'" ." ~"~~' "-..,, ,-., , L --:-, 3~ 7 "0: 800 SU('C'I.,!;':nt::. 'l!i.l a!;~ I:"J!';, dod a:'\~' pf>ff'(~. Cl ('r,t~t.'t' It'."quiring Or OW:'Lln "n ,lllti.'lt':;t In th,' !f",ll pr(ll,pr.'J ir\: r(:':f'mr>nlfi. thr-ir grantt.'c~;. '~.,"('f'l:i;.;,-,!C:t p,'rsonal rf'pr,..,.?nthtl'Jf'F-. d"\'iBP~f>, tlp.l,.1J ('It .J~~lqn~': 1. The o...,'Oers of Unlts ^ and B of tlu- Condol':'\iniurn Complex shall, at any time, have the right to er.close their carports, ShOWfl on the Condoniniurr Mill' 8S Limited Common Elements appurt.enant to thr.-ir respective unita, for th~ Furposc of making them garages, PROVIDED, H:.WEVER, that each llaraQe aa constr..cted shall be identi~a1 to the ~ther and shall be r.onatructed wi~h meterials and with t~,,, quality of wcrkmanship comparable to that of the remaining portions of the Condominium Complex. '2.. 'l'tH' O.....fi(.r. '"If tJni tR ^ awl n of the Condominium Complex shnll nt ntlytimf', hlH'f' thC" riqht to construct patio., in the area t;ho....n for thIS purpose f the Condo~inium Map; PIlOVIDED, IIOWr.VF.R, that ..act p,1tio shall be constructed of materisls aestheticall, compatible with the remaining ponion" o! the Cc>n1omini um Complex. Each owner "hall maintain and keep I' the patio of his OWl, unit, including the fixtures thereof, in Ii , I , I l. " I, I; " I , 900d taste and repair. 3. All expenses incurred in connection with the exterior surfac". of the condominium units for reasons other than aeathetic, visual or superficial maintenance purpose. Shall be deemed Common Expenses--it being the intent here,f that exp ,ses reiateel to ttle exterior aurface of either unit of a structural or remedial nature shall be ahared equally by the unit owners. IN WITNESS W"ERLOr, the underaignp.d have executecJ t'lis instrument the day and year first above written. , ' INTERWEST ASSOCIATES. .. Limited Partner"hip, Owner Unit A By: INTERWEST REALTY, INC., a Colorado corporation and the General Partner thereof. ) I ~ ,/ / I'~JI"-" 1/," ~ 1/ fil l . - .: / " ' I ~resident f ATTeST. i i: By'r01/1q?7/~h, " Secrf'ta;y r I, I I , By (Cor~or"t,f ~al) ../ . ...'. ," :'. ';" ,-. {, t" . ~ c !. , ;.- .\{_I . .' . I /""" ,~ ...... -. T 7 _ ... frj.1 (~...,'~fII'It ' " r ..:,~...::-~: :~~/:.: . !. ./ ~"~O/(". I, " " .... .... ~. ~ Tt.e forego~n~/ nnrwnent vee ackr 0..1..<5g.." b<li-;:t~'.g;iJ. "'\ '\ :: .LJ2.. e!ay of ~...kt.. , 1978, by tlANCY LYtIHlt ,~y~, .. 'i-I Jt ;: '~. "",_"1Il 1 ,1 WITNE&S my hane! ane! officia: .eal. '. "';>..~:::....~. ", I: My CCIM\iuion expire., t;.....l- ~, ,~,;.. """I:)'t f, ~ . . . ., . f ' ~ /' r '1 L' ""'''-' --" , A.~ry"~ ic . . ~ ;"i' ........-- ....-. ._'.,...._-......~.--~,.._.;: ',.- , ~)I 357 ','.1: B8J Nan,:; "t,Y~n~Br}:~r;t;~\t~'e~ 'tlftlt. Il . !~' kif.. ~1'. ~ '<r'~ ':. l'i~t;~; ~;;:;:.i...l-'. ~._:~..'f'~' '.;>:/;; , ,.",.,'- ~", ~:l;' ~::::{t 't, IlQ'I~O/~ . .) '~ ..' OJ' '," I ~ . I' ,0. COUNTY or PITKIN 88. , ., , ':;, .,..'d'., ";;:.' .f.,. -....~~.;."f ~ \. .,'(0., /1'" 'l'h.. foreg01,' ng , inl'trument. val aCk"2lWle<5g, ee! b:r~'il'W'.~, this E':?:' a~y d _~~&o&. , 1978, by _~_jl~_!..<. 42...1i"...~i.Il,~~."r . ae presI1cnt.. and &a:... Q'*'!jl as-s.;cretary or-- U1TERWEST I\EAL!'Y. n,,- , 'a Co ol'aao corporation ane! '1eneral partner i of INTERWLST ASSOCI^TES, a Colorado limit.ed partnership, for ane! 1; as the act of that limited partnet'ship, STATE OF COLORADO WITNESS my h"nd llnd off ieial seal. My COl11l1\i as I 011 e",pires I ~. 'l- "", I~'.L ~~ '. i 7., / ';'-~ -'-- otary Pub ~' STATE or COLORADO ) ) ) 8S. COUNTY OF PITUN thh CONSENT OF FIRST TRUST DEED AND -filwT iiiRTGAGE 1I0LDtRS The undersiqnee! hereby repre.snt that they are the holders of firlt trust e!eed" or ~rt9aqe. affectinq condominium unit. in TilE SOLAR fLEX and th"t they, and each of them, consent iand agree to th.. First Amene!ment. to the Condominium Declaration , '(l"'~: t"..i;~.r,.: ,'f..Ilo ~17J.\ 1,"'1/,' f'jf..' ~ .";!'~~ ~~:' ~. ~' \\~~ for THE BOLAR PLEX above adoptee!. J ., 'i'~~'~ , . 'Ii' 'f;':l~ :k~~ ..~ , ;"t" l(,'\,'+~:. ; f;f'i~ , " " ":"~ . ',.'.).. " t .~. ~:"Lj '::~. "':": ';~~ . :'~ :ti " \ " I j I I , ! \ I i I , I ! 1 t . ~; ~ ~ ~ , ~ , l' I"., . fII?f~., ~ ,~' ~ (';' f:,,~ I!C'" .~.,,~': ".,"', .,. ~;' l'~_'.' tel ~~" ",~ .", .:.' .;,f;. ';"""'1- ".' '~. ~t~ ;: i:' '.'. ~':~ ~P.'; ~; ~... m~,: ~ ~~; ,.~r... f','/(' ~r1:t'. II.' fo- . ~/ t~\, ~~~: ~... f.'!' :'f;'" ~{~ i';~' , it" ;;~~t\ ':'~~ ~.. "T7"0' ."....:I...._:I"I~""'. .. ';~i !':k'i ,,:;'11; ,i~J4l l.OI::at 1""'\ ~ ~~ ~'- ~."-""-"'."-'~'''''''-'-II''''"""".",,,, ... ~JI 35 7 .~. ~ 88J ,f,'t . =*-= ~~.. ,J. , Ilanr,y Lfriii. Br}'ant, <iY'iier uriJ.i.Il- "0 00 t;,; Q/-. # "',>. STATE OF COLOAADC' ) ''> ,'a/" ,..,1 COUNTY OF PITHN : 88. :? ~ "~...." ~ _ ........~" 'J..; ...... 'i''J /'1' _ 'rho foreqo_lnq ,1n"trwnent was aCkTJ:~qed be'td;,'i4'W ".:. this 1~"7a.:.y e,f ~-I.... . 1978. by ",-_v...1i4~~..':." as PresI1cnt. and -.~;~,$.~ - Aa-secretary 0 ' , INTERWEST REAL!'V. nw' . 'a Co 01 a 0 eorporation and qeneral partner I of INTERWLST ASSOCl~TES. a Colorado limit.ed partnership, for and I' as the aet of that limited partne.-ship. WITNESS my h~nd and official seal. My Commission ey.pires. ~. '-L- .I', I~'.L. ~2, '7/. ~";;( p~bi~~'>J- ..'- J STATE OF COLORADO " . '. ''''~ .8. " 7' 'i);' . COUNTY OF PITlnN ......:,.";:. .....'::,,; ..' I)"~O,('" .' " .... .... .> Tl:e foregoing I! nstrlllllent was ackr oWled'1"d ~';:t~',g;ij. \..\ thia .&!!l day of ~~k-L , 1978, by lfJINCY LYNll\lI ,ft~~ w...'f,.. 1 '''I. ..,^.. I WITNE&S my hand and official s..l. . \.,,-"'.....'~,"{../. . ... ......... "b My Commission expire., t;,-..l- ...t>, ,'fz. ~ ':"H.I: . . ..... ~. ~ ary 'i-~;iC' / . 11-.1" 6 ""~- , - J. . CONSENT or FIRST TRUST DEED AND -fIRST MORTGAGE 1l0LD!RS The un~ersi'1ned hereby repre.ent that they are the holder8 of first trust deedft or .ort'laqe. affecting eondominium unit. in TilE SOLAR fLEX and th~t they, end each of them. consent 'and agree to the First Amendment to the Condominium DeClaration ; , TNE SOLAR PLEX above adopted. \ !: l.ii d "I' ". d ! , -~ . I i~111 l;. '~ ' _ H::~ . , ' '.~ : . . . ~ \;':" _/,',~-~ \~f"'('dl,' .' -'Ii ' ' ~;1- . ',,;~:rj ~t.j , .,' ~., { ;'i .' ~ 1 , 1- j , . ; I I I l ~, ~ " , -;e , , . ~ j' '-:-- ,,< .' .'lI.:' ,'; ,~,."",:"" .. <', .f f, t f: t, ' ~,., r'" ~" ~; ~,; ~":".. ~._- DhTL .:; ,~.- f~Eil1\11 r' t . I " , lr'~.:& I ,- ~ ~ ,..- ...- , 'fl. ..::.357 ',~:BB2 tI !'M!:_..2f_.!19..!'!_<i!'_~E! FIRST NhTOllAL BANK IN ASPEN 1I0LDE;' or f'IJIST 1l0RTGAGE Q,iU:ONooi-jiNi ui-! lfrii'T'---'-- A By . :/ ,../ L/,",.?J'''I1 " ',ii', ....~-I" , >'.1.:.".1' .I FIRST WESTERN MORTGAGE CORPORATION 8 8y STATE OF COLORhDO I: ,COUNTY OF FIT/ON , 8S. , The foregoin?, ip8trument was aCknowl,edged before me this -Li1b. ':lay or ~fl1zJ.i.i...' 1978, by ~ -Aur,,4Ili .. , President '1,- ot FIRST NATIONAL l'liiHR III ASrEll. ....":....,.,,.,. .J>"" I ~;. ... ..'~ t. \ ',~ ':.~,(..."'" ) ~. ,'.~ . . . -,'"J.. I ~::.' t"~r '; '- ~ '....... . r.\:;.\ l'8\~f'...:'.. ~~ ", , ' ..' <(""'1 ..,...... '-=-:.' OJ!" ~{ .... +. ".... ....,'" h '"~"'.,','.,,:',' \l,. ..., ~,'.:: f;, > , "t::'o , , ff . ( ~' ~:,. ". ~ " ,... '. ~ ~, ~ (, ;, ~.. r,' WITNESS my hand and offical .eal. JIIy COII1Illhaion expires. ~r p'I,I'llSr (]l'N._, Af tShctlt~/ frotiirt'PubIic STATE 01" TEXAS COUNTY OI"TARRANT 88. The foregoing instrument was acknowledged befOre me thi. ~ day of September , 1978, by Georq8 Ogle a. of FIRST WESTEftN MORTGAGt CORPORATION. WIn{ESS my hand and official ..al. My Commission expire.. r.bruary 18, 1979 :;Y"I' ;~.\ .' ". . " ..... .'".' :'" " :'! ~. -_. . ~ <Y. .. '." ..~ s.; . .. . .... ',.'";. ~ :J. :'t.: , ''; . . ',",' :. ~ ~.'" " /k'. / '"'/ .. II'(;~ I~". '. NOTA pu 1 c :-- J', . \ " 'I: !: I I > ~ ~. HOllAND & HARTLLP ATTORNEYS AT LAW DENVER. ASPEN BOULDER. COLORADO SPRINGS DENVER TECH CENTER BILLINGS. BOISE CHEYENNE. JACKSON HOLE SALT LAKE CITY 600 EAST MAIN STREET ASPEN, COLORADO 81611-1953 TELEPHONE (970) 925-3476 FACSIMilE (970) 925-9367 February 2, 1999 THOMAS]. TODD ttodd@hollandhart,com Ms. Sara Thomas City of Aspen Department of Community Development Aspen, Colorado 81611 FEa 0 .3 1999 Chuck Roth PE, Project Engineer City of Aspen Office ofthe City Engineer Aspen, Colorado 81611 Re: Our Client: Peter A. Looram--Arnendrnent to Solar Plex Condominiums (aka Lot 15. Block 1. Snowbunny Subdivision. with a street address of 1333 Snowbunny Lane in Asoen) Dear Sara and Chuck: Transmitted with this letter is the proposed text for the amended condominium map for Solar Plex Condominiums, As you may recall, the amendment to the condominium map is necessary in order to reflect the addition to Unit B, owned by my client, Peter Looram, As I was reviewing the City of Aspen Land Use Code for the technical requirements for this amended condominium map, I considered the applicability of Section 26.88.060 (copy enclosed), which addresses insubstantial amendments to subdivision development orders, Given the relative modesty of this proposal, would it be possible to simply have the Community Planning Director sign off on the amended condominium map without the requirement of Planning and Zoning Commission and City Council approval? Please let me know if this is possible, If it is, we will modifY the proposed text of the amended condominium map to reflect this change, t:e~ ~ Thomas J. Todd of Holland & Hart LLP TJT: sm Enclosures cc: Peter A. Looram (w/encls.) -- FROM '. '~ '. ," .', ,-" . ;.,. .'-'..... " , '.".' :"""" . -- ALP I NE SURVEYS Jr' ,Q:, ~ , " II .;{ .$ ~~ "" '~ ~,. _." , ~:: ",' '" ",<" . ..... ,..,'~" ~,',~ ''':\:: ",. . ~ ~,-:: -"~- ..' " J' .~p On " 0 ,S:~'b I I I Q .L/~ '::;r.:>'., . I ..l.:2:lOdl:W:> I '" I .. (j I .0-07 , I I I I b I oS I 0 I ..0/.-' "', ..I~. ,..:'::'1.< r\, PHONE NO. : 9709252688 -l-oCO ,be;;; o~ S I ::,/ " I I a~O:)d~ ..... V J,.INn ';)':>'"t L'l,IOd-,,{V') ,o'O'Z' ~ Yl.lt.n '-:':>",. ~ W~1:! o .0'01 :l: .: v <> '., I I '.. I ....... .~... "-... I "--'-.., I .......- ", ~ JAN. 27 1999 02:46PM P2 I- z: LJ L "-' ..J lJ ~:z:19 ~ 0 < ~ I- 0:>: Z - 0 :> ~ V lI: D OJ !- ~ .J ~ ....;... ,~- -" /- Ii-! , l.- - ~ po', , ,;,/'v' --...".- --":". -.......--........... Or ..... -....................... "-.:.:, , .<';>''''''. -' ..-: "'." " ,< ..... -",;," . ".:"i:;' :.~:. :~ ~ ">: -- r-' I- z: LI t: Ll ..J ~ Ul rt 7: < < 0 0 :r: ~ :r: f 0 ;Z; u :> '" Co ,., Ul !-' :r: :::; '" "-.,, 26.88.050 "......,. be recorded to accomplish a condominiumization in the City of Aspen. (Ord. No. 22-1995, ~ 19; Ord. No. 54-1995, ~ 2: Code 1971, ~ 7-1005) 26.88.060 Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent /' subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which couId not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Planning Director finds has no effect on the conditions and representations limiting the approved plat. - B. Other Amendment Any other amendment shall be approved by the city council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat C. Plat vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by the city council if good cause is demonstrated. (Ord. No. 22-1995, ~ 20: Code 1971, ~ 7-1006) 26.88.070 Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision exemption plat reflecting all condominiumized units, orthat portion of the development to be cOndominiumized, shall be submitted to the planning director for review and approval as a SUbdivision exemption pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed pursuant to the procedures and standards in this section and Common Procedures, Chapter 26.52. 1. Contents of Application. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Procedures, Section 26.52.030. b. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1-112) inches onthe left hand side of the sheet and a one-half (112) inch margin around the other three (3) sides of the sheet It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (1 (0) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (-"1'...5196) 644--2 ~ ,~ ~ AMENDED CONDOMINIUM MAP FOR SOLAR PLEX CONDOMINIUMS OWNERS' CERTIFICATE We, Peter Looram and Denison Levy, as all the owners of the Solar Plex Condominiums, as such condominiums are defined and described in the Condominium Declaration for the Solar Plex Condominiums recorded in Book 352 at Page 601 and in the Condominium Map recorded in Plat Book 6 at Page 129 of the records of the Pitkin County Clerk and Recorder, Colorado, hereby dedicate and publish this Amended Map of the Solar Plex Condominiums, Peter A. Looram Denison Levy STATE OF COLORADO ) COUNTY OF PITKIN ) ss, The foregoing certificate was acknowledged before me this _ day of , 1999, by Peter A. Looram and Denison Levy. My commission expires Witness my hand and official seal. Notary Public 1 ,-", r-, TITLE STATEMENT The undersigned, a fully authorized representative of a corporate title insurer registered to do business in Pitkin County, Colorado, does hereby certify, pursuant to Section 26.88,070 of the Aspen Municipal Code, that the persons listed as owners on this amended condominium map do hold fee simple title to the property described herein, free and clear of all liens and encumbrances except those of record, and that there are no new dedications to the public for the public rights of way, areas or facilities shown hereon, Although we believe the facts stated are true, this certificate is not to be construed as Abstract of Title, nor an Opinion of Title, nor a Guaranty of Title, and it is understood and agreed that (Title Company), neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained hereon, Name and Title (Title Company) Address STATE OF COLORADO ) COUNTY OF PITKIN ) ss. This Title Statement hereon was acknowledged before me this _ day of , 1999, by as on behalf of (Title Company). My commission expires Witness my hand and official seaL Notary Public 2 ,..-., ;->\ PLANNI AND ZONING COMMISSION APPROVAL The Planning approved this Amen 1999, nd Zoning Commission for the City of Aspen, Colorado, ed Condominium Map at its meeting of Planning and Zoning hairman Date CLERK AND RECORDER'S CERTIFICATE This Amended Condominium Map was filed for record in the office of the Pitkin County Clerk and Recorder at o'clock _M" on the day of , 1999, and is recorded at Reception No, Pitkin County Clerk and Recorder ASPEN CITY COUNCIL APPROVAL This amended ondominium map was approved by the City of Aspen City Council on the y of , 1999, Signed this day of , 1999, Witness my hand and seal: Mayor City Clerk Notary Public 3 ~, Cv r. ---1( e;.0b QJJI tJ Ei/ PbANNIN&-DIRECTOR APPROVAL The Planning Director for the City of Aspen, Colorado, does hereby approve this Amended Condominium Map, Planning Director Date SURVEYOR'S CERTIFICATE I, James Reser, hereby certify that on , 1999, a survey was performed under my supervision of Unit B of the Solar Plex Condominiums, and this Amended Condominium Map has been prepared pursuant to such survey, Registered Land Surveyor 1.8, No, ASPEN:0025983,Ol 4 r-. ~ MEMORANDUM TO: Engineering Department FROM: Sarah Oates Community Development Department RE: Solar Plex Insubstantial Amendment DATE: January 21,1999 Attached is an application for an Insubstantial Amendment for Solar Plex Condominiums for your review. I do not think it is necessary that this case be reviewed by DRC. Please return to me by March 12, 1999 indicating necessary changes. -