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HomeMy WebLinkAboutLand Use Case.501 W Hopkins Ave.0031.2008.ASLU1 Gtb 6/1 . , 0 + S E 11,1/1/. 7 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0031.2008.ASLU PARCEL ID NUMBER 2735 12 4 66 001 PROJECTS ADDRESS 501 W. HOPKINS PLANNER ANDERA HINKLELY CASE DESCRIPTION SUBDIVISION AAP REPRESENTATIVE OATES DATE OF FINAL ACTION 6/27/08 CLOSED BY Angela Scorey on 05/19/2009 90*cal \D 2-786 -\2-4- 66-001 F.esm19* 003(·200'5·Ast-u ..Jit:-.- .-:-a .10 Eile Edit Record Naviga* Fgm Reporis Format Iab Help 12 g Q.1, _.1 d . N 4 A O t. 4 016 1 -2 4 6 -1 2 , E~ Ifil K,AJ~. 9 & 4 ~ain~ Yaluation 1 Custom Fields 1 Actions 1 Feel 1 Parcels 1Fee SummarY j 5ub Eermits |Attachments ~ Rolting Status |Routing 1 I Permit Type |aslu _|Aspen Land Use Permit # ~0031.2008.ASLU Address ~501 W HOPKIN5 AVE g| Apt/Suite | City ~ASPEN state EE -v Zip ~81611 g~ Permit Informatjon ~ Master Permit | g| Routing Queue ~aslu07 Applied |06/19/2008 21 Project | .@ Status ~pending Approved 1 1.1 Description ~ BOOMERANG LOT 5PLIT - SUBDIVISION APPROVAL FOR A PLANNED COMMUNITY Issued | 1.2| FOR THE PROJECT & CONDOMINIUMIZATION OF THE AH UNITS Final 1 -121 Submitted ~OATES, KNEZEVICH, GARDENSWARTZ clock ~GEJ- Days F~-6 Expires ~06/14$2009 11 Owner -- Last Name |HOPKINS LLC .g~ First Name ~ 306 5 HUNTER 5T . - 0L CI~r Is Appkant? - ASPEN CO 81611 4= Last 1\lame ~HOPKINS LLC ~ First Name ~ 306 5 HUNTER ST ~ L phone ~ Cust # |28241 ASPEN CO 81611 1- E - -~i - 0 2 tender ----- - - - - 1¥tb Last Name ~| .g~ First Name ~ ~ 20* Phone } 92·2% AspenGold[b] Edit ~ 1 Record: 1 of 1 a.24 at *-* -735-(3.0 At G I (9~02' Ck * 2-7 Soo 2-edQ-f Ir *- 23 4 C <g' ~ *o~lool~ ~ sdneig qell A LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL CORFORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 E HOPKINS AVENUE ASPEN. COLORADO. 81611 LEONARD M OATES TELEPHONE,9701 320-1700 RICHARD A KNEZEVICH FACSIMILE, 970) 920- 1121 FED D GARCENSWARTZ DAL,D B KELLY MARIA MORROW OF COUNSEL slroook,!aw com JOHN T KELLY STEPHEN R CONNOR ANNE MARIE MCPHEE cSTACY FEINBEAG 'WENDY FOSTVEDT July 7.2008 Jennifer Phelan. Deputy Director HAND DELIVERY City of Aspen Community Development Department 130 S. Galena St. A.hpen. CO 81611 Re: 501 W. Hopkins LLC Application for Planned Community Plat and Condominium Map Dear Jen: Enclosed please find copies of the revised condominium map for 521 and 523 W. Hopkins and planned community plat for Lot 2. Boomerang Lot Split for your review. 1 have al>o enclosed as an example the plat for the 234 West Hallan/302 North Second Conimon Interest Community which was approved by the Community Development Department in 2000. There are numerous others which we have submitted and which have been approved which are similar. This plat has a similar configuration to the Lot 2, Boomerang Subdivision Lot Split Planned Community Plat in that there are no '-Limited Common Elements" designated as part of the individual units. C.R.S. 38-33.3-1()3 defines both "condominilim' and -planned community" ownership interest, in land. By virtue of the C.R.S. 38-33.3-103(5). "common elenients" for a condominium are defined as -'all portions of the condominium or cooperative other than the linit" whereas. for a planned community, -common eleniene;~' are defined as -any real estate within a planned community ouned or lea>,ed by the association. other than the unit." Iii a planned community. if there is [10 real estate owned or lea,ed by the association then there are no conimon elementi. With respect to the configuration the Lot 2. Boonierang Subdivision Planned Community. tlie only common elements are the parking spaces for the affordable hou>,ing unitx located on Unit C. which have been properl> dexiunated as such on the plat. RECEIVED "11 0 7 2008 CITY OF ASPEN COMMUNITY DEVELOPMEN1 Additionally. under C.R.S. 38-33.3. the de0ignation of Unitx A. B and C as part of a planned conununity and the two units in Unit C as a condominium are appropriate when applying the definitions of -plat'- and iii:ip" a. defined in the +talitte. A 'inap" iN -part of a declaration that depicts all or any portion of a common intere,t community iii //u-ce dimensions." Since Unit C N an over/under configuration consisting of Unit 1 (521 W. Hopkins) on the ground floor and Unit 2 (523 W. Hopkins) on the hecond floor. a Condominium map ih the most appropriate vehicle to divide ownership of the property. On the other hand. a -plat" is a latid 0urvey plit that "depicts all or any portion of a common intere~ communit> iii two dimeusion.5." This is the case with the proposed planned Commullity plat for Lot 1 Boomerang Lot Split as the ownerhip interet of N divided in t\& O dimensions and not three. The Colorado Revised Statues clearly permit a planned community under Colorado law and the City of ,lopen has approved similar configurations as part of the condominiumization approval process. Ple'lse let me know if the revised plat and map are .atisfactory and feel free to contact me with any que>,tions. Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. By 11 Sarah M. Oates S MO RECEIVED lili 0 7 2008 CITY OF ASPEN COMMUNITY DEVELOPMEN1 Cloc r. WI PLAT FOR 234 WEST HALL.AM/302 NORTH SECOND COMMON INTEREST COMMUNITY CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO ~ 0\ 8\ Z LU ~UX g Lu 2 :$ S :' .1.M -'.".. g . a. o I -- - -- - -- - -- I. ·Sl I. i el <66 V , <22 LL O 184 .V - 0 0/ -4 I. : - ... 1 1- UJ = >- 2 0= 41 3 14 0 3 , , 0 1-1 - 2. 2 --' UNIT 302 -73 61 4-22 ·· •* 3 : , 1 ~ '4,2,1~11),1 .t 'SW. ~ 1 T . i.7 . 1. H ..t .4,G' BNY*- •ts£NL·, 4•:,K:11,6 'll€-p'4 5 V .9 4, -u . UNIT 234 5 2,%€:4. 0 . . . N - 4 -·x --1 7 4 |f€[1,@I))(ftlt< 4,® t .4 ..1 ' 4 --4... 1, 1 ' 2 Ce·-O I. . 1/ 7 -:·?·./ ' 9 V"f ... _ ¥ .Nff,«'' 5 f'll .. iT .i X.... I ./.04*„2 .1 . 7 C ./. 9 1. -- - -%· 4·1 . I / 1.,fu -' 1. 4=8x r L E-·- 2 5,4 -L· I v...r. 2 ··· 0 -titri. I . R L ·. , Clf RK AND RECONDER S ACCEPTANCE 1 . HIRED GUN SURVEYING, LTD. ¢ 1 IT M?bmfi ,·,» ATTACHMENT 2-LAND USE APPLICATION APPLICANT: RECEIVED Name: 501 W. Hopkins, LLC AUN 1 9 2008 Location: Lot 2, Boomerang Lot Split [501 W. Hopkins Ave.] - r,SPEN C Indicate street address. lot & block number, legal description where apprdpriate) . 7 )NlkiljNI i ; f)[~VITI o~MENT Parcel ID # (REQUIRED) 2735-124-66002 REPRESENTATIVE: Name: Leonard Oates, Oates, Knezevich, Gardenswartz & Kelly, P.C. Address: 533 E. Hopkins Ave., Aspen, CO 81611 Phone #: (970) 920-1700/ email: 1mo@okqlaw.com PROJECT: Name: Lot 2, Boomerang Lot Split Planned Community & 521-523 W. Hopkins AH Condominiums Address: 501 W. Hopkins Avenue Phone #: c/o OKGK; (970) 920-1700 TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review E Final PUD (& PUD Amendment) ~ Final Historic Development Design Review Appeal E Conceptual SPA U Minor Historic Devt. GMQS Allotment 3 Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption 2 Subdivision U Historic Designation ESA - 8040 Greenline. Stream E Subdivision Exemption (includes gl Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split 01 Temporary Use U Other: U Lot Line Adjustment U Text/Map Amendment EVISTING CONDITIONS: (description of existing buildings, uses. previous approvals. etc.) Two new free market residences and two new AH residences PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Subdivision approval for a planned community for the project and condominiumization of the AH units Have you attached the following? FEES DUE: $ 947 ~1 Pre-Application Conference Summary U Attachment #1. Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form El Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. mmonom CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT RECEIVED Agreement for Payment of City of Aspen Development Application Fees JUN 1 9 2008 CITY OF ASPEN (hereinafter CITY) and 501 W. Hopkins, LLC CITY OF ASPEN (hereinafter APPLICANT) AGREE AS FOLLOWS: COMMUNITY DEVELOPMENT 1. APPLICANT has submitted to CITY an application for Lot 2, Boomerang Lot Split Planned Community & 521-523 W. Hopkins AH Condominiums (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: - Chris Bendon Community Development Director Date: Billing Address and Telephone Number: Required C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc 1 .A~* OFFI,JECE OF DATES. KNEZEVICH. GARDENSWARTZ & KELLY, P.C. PROFESSIL,MAL "r,-,PORA'FION THIRD FLOOR. ASE: i. N PI ··9. i ;U:1 8 ENG 633 E. H'Opkikis AVENUE ASPEl, COLOPADO 81 fil l 1·©NAN,) M OV-ES r ELEPHONE I/0: 020-1-30 RICHARD A KNEZEVICH FACS.F...:LE :970, 920- 1.21 1 0 0 r- -MDENS'v'·LAG TZ DA,··DE, %~ELLY .'· · -'· .iAOW· OF CO, INSEL 950 4 <41!a--.4.009 :OHN T KELLY STEPHEN G CONNOF RECEIVED 45 ANNE MARIE Me=HEE :STACY FE: INBEAG JUN 1 9 2008 June 17,2008 CITY OF ASPEN COMMUNITY DEVELOPMENT Jen Phelan, Deputy Director City of Aspen Community Development 130 S. Galena Street Aspen, CO 81611 Re: Lot 2, Boomerang Lot Split Planned Community Plat and 521-523 W. Hopkins Condominium Map Dear Jen: Enclosed please find a draft plat for the Lot 2, Boomerang Lot Split Planned Coinmunity and the accompanying draft condominium map for 521-523 W. Hopkins Condominiums, the affordable housing component of the Planned Community. The application also includes the land use cover sheet. required fee. tee agreement, representation letter and proof of ownership. The Cite of Aspen Planning Staff reviewed a copy of the plai in late May and staff's comments are reflected in the draft plat enclosed. Should you have any questions with respect to this application please feel free to contact me at smo@okelaw.com or (970) 920-1700. Thanks for your help. Very Truly Yours, OATES, KNEZEVICH, GARDENS'VARTZ & KELLY, P.C. 67 C__ .-- By ---- Sarah M. Oates, Summer Associate SMO June 2,2008 City of Aspen Community Development Department 130 S. Galena St. Aspen, CO 81611 RE: Lot 2. Boomerang Lot Split Planned Community and 523 W. Hopkins Affordable Housing Condominiums Association To Whom It May Concern: I hereby authorize Leonard Oates of Oates, Knezevich, Gardenswartz, and Kelly, P.C. to act as my designated and authorized representative with respect to the land use application being submitted to your office for property located at 501 E. Hopkins Avenue owned by 501 W. Hopkins, LLC. Leonard Oates is authorized to submit an application for approval of a common interest planned community for Lot 2, Boomerang Lot Split Planned Community and condominiumization of 521-532 W. Hopkins Affordable housing. He is also authorized to represent 501 W. Hopkins, LLC in meetings with City of Aspen staff, the Planning and Zoning Commission and City Council. Should you have any need to contact me during the course of your review, please do so through Leonard Oates whose address and telephone number is included in the application. - . f John Provine 501 W. Hopkins, LLC Member RECEIVED JUN 1 9 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT America.. _and Title Association Owner's Policy CIO-17-92) - Coloicuu Issued By Attorneys Attorneys Title Insurance Agency of Aspen, LLC (Member's Name) 715 West Main Street, Suite 305 Title Guaranty (Address) Aspen, Colorado 81611 Fund, Inc. (970) 925-7328 (Telephone) The Colorado Lawyers' Organization for Title Insurance .CEIVED OWNER'S N 1 9 2008 POLICY OFTITLE INSURANCE Cil Y- OF ASPEN COMHL,NiTY DEVELOPMENT SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CON [AINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Attorneys Title Guaranty Fund, Inc., a Colorado corpo ration, herein called the Company, insures, as Date of Policy shown in Schedule A, against loss or damage, not exceed- ing the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Scnedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; ' 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expense incurred in defense of the title, as insured. but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this Policy to be signed and sealed, to be valid wlien Schedule A is countersigned by an authorized officer or agent of the Company all in accordance with its By-[ aws ATTEST: .=2~ CU.,.4 BY: <7 le./.-""1 ATTORNEYS TITLE GUARANTY FUND, INC. Ck= dr LUzm & :/7\4/4, . R<SEAL]it C 9 1. $ 0 9. o \ iii, /407 't '••I'.+E Judith A. Hart, Assistant Secretary Christopher J. Condie, President 4,4„»0'. This p°J,%*Must~*ntr'-¥ h~ule-~nd B and be duly validated by this signature: / 1M 44« Authcrized Officer or Agent OP 581332 --- RECEIVED JUN 1 9 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT OWNER'S POLICY SCHEDULE A Order No: PC07002542 Policy No.: 01~581332 Issued with Policy No. MIN 109231 Amount of Insurance: S9,250,000.00 Premium: $7,178.75 Date of Policy: October 31,2007,3:22pm 1, Name of Insured: 501 W. Hopkins, LLC, a Colorado limited liability company 2. Tlie estate or interest in the land which is covered by this policy is: Fee Simple 3, Title to the estate or interest in the land is vested iii: 501 W. Hopkins, LLC, a Colorado limited liability company 4. The land referred to in this policy is described as follows: Lots 1 and 2 Boomerang Lot Split Subdivision Exemption Plat accordng to the Plat thereof recorded June 16,2006 in Plat Book 79 at Page 70 as Reception No. 525370, Pitkin County, Color;ido. Attorneys Title insurance Agency of Aspen, LLC By,44 4% Ap(horized Officer or Agent \ ~lember Number 2622 Attorneys Title Guaranty Fund, inc. This policy is invalid uilless tile cover sheet, l'age I Schedule A and Schedule B are attached. .- RECEIVED OWNER'S POLICY SCHEDULE B JUN 1 9 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT Date ofPolicy: October 31.2007 Policy No. OP581332 Order No: I'C07002542 '1 his policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties iii possession not shown by the public records. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts iii boundary lines, shortage in area, eneroachments and any fucts which a correct survey and inspection of the premises would disclose and which are not shown by tile public records. 4. Any lien, or right to a lien, for services, labor or inaterial heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes for the year 2007 and subsequent years. Taxes not yet due or payable. 6. Deed of Trust dated October 30, 2007 from 501 W Hopkins, LLC, a Colorado Limited Liability Company to the Public Trustee of Pitkin Coutity for the use of Alpine Bank, A Colorado Banking Company to secure tile sum of $7,400,000.00 recorded October 3 1, 2007 as Reception No. 543705. 7. Terms, conditions, obligations and provisions as contained in Deeds recorded June 28,1886 in Book 41 at Page 18, July 26,1888 in Book 59 at Page 476, July 26,1888 in Book 59 at Page 586. and April 4,1892 in Book 79 at Page 43. 8. [erms, conditions, obligations and provisions ascontained iii Deed Restriction recorded September 7, 1999 as Reception No. 435272. 9. Terms, conditions, obligations and provisions as contained iii Easement recorded April 18,2003 ;ts Reception No. 481651. 10. Any rights, casements, interests or claims which ini,y exist by reason of or reflected by tile following facts shown on the survey dated July 10,1998, by Aspen Survey Engineers recorded in Plat Book 51 at Page 28. 11. Any rights, easenients, interests or claims which may exist by reason of or reflected by tile following facts shown on the survey dated December 18,2000, by Aspen Survey Engineers recorded in Plat Book 65 at Page 45. 12, Easements, rights of way and other matters as set forth on the Plat of Boomerang P.U.D., Block 32, City of Aspen, Colorado recorded Plat Book 65 at Page 37. 13. Terms, conditions, obligations and provisions as contained in PUD Agreement for tile Boollierang Lodge Extension Project recorded May 14,2003 as Reception No. 482688. Attorneys Title Guaranty Fund, Inc. Pagel Policy No.: 01~581332 14. Terms, conditions, obligations and provisions as contained iii Ordillance No. 6, Series of 2006 recorded June 16,2005 as Reception No. 525368. 15. Terms, conditions, obligations and provisions as contained in Subdivision Exemption Agreement for Boonierang Lot Split recorded June 16,2006 as Reception No. 525369. 16. Easements, rights of way and other matters as set forth on the Plat o f Boomerang Lot Split Subdivision Exemption Plat recorded Plat Book 79 at Page 70. RECEIVED JUN 19 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT Attorneys Title Guaranty Fund, Ine. Pay ENDORSEMENT Attached to Policy No. OP581332 Issued by ATTORNEYS TITLE GUARANTY FUND, INC. COLORADO FORM 130 Provided there is situated on the land described under Schedule A of the Policy a single family residence, the Policy is hereby amended as follows: Notwithstanding anything therein to the contrary, the Policy insures against loss or damage by reason of the following 1. Any unfilled lien for labor or materjal furnished for improvements on the land (except for any such lien arisjng out of construction contract for or assumed by the Insured), provided construction of all improvements are completed at Date of Policy. 2. Rights or claims of parties in possession of the principal dwelling. 3. The enforced removal of the principal dwelling on account of: (a) any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as an exception in Schedule B or onto any unrecorded subsurface easement, (b) any violation of building setback lines or covenants, conditions or restrictions referred to in Schedule B of the Policy, (c) any violation of any zoning ordinance jf the land is used only for a single family residence. The term "principal dwelling" means any single family residential structure on the land whether detached or not. If the principal dwelling is a condominium unit it refers to the space within the boundaries of the unit. Additional improvements and areas such as outbuildings, detached garages, fences, driveways, retaining walls, plants and common areas are not included within this definition. The term "zoning ordinance" does not include building codes, occupancy regulations and subdivision laws. This endorsement is made a part of said policy and is subject to all the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it nejther modifies any of the terms and provisions of this Policy and any prior Endorsements, nor does it extend the effective Date of Policy and any prior Endorsements, nor does it increase the face amount thereof. ATTORNEYS TITLE GUARANTY FUND, INC. Dated October 31, 2007 Byf- MAL L~ RECEIVED JUN 1 9 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 305 ASPEN, COLORADO 81611 Noveinber 29,2007 501 W. Hopkins. LLC a Colorado limited liability company 0/0.john Provine PO Box 8769 Aspen. CO 81612 RE: 501 West Hopkins Avenue Aspen, CO Dear Sir: We are pleased to deliver the Owner's Title Insurance Policy issued on 501 West Hopkins Avenue. This policy is a valuable document and should be kept in a secure place. 11 protects the insured from a variety of title risks. The policy can even protect the insured after they no longer have an interest in the property. We have review-ed the policy for completeness and accuracy. However, you should also review the policy and ensure that all the information is correct. Contact us in the event that any el-ror or omission is found so that we can correct the policy. F hank you very much for giving Attorneys Title insurance Agency of Aspen, LLC'. tile opportunity to be of service. I look forward to working with you in the future. Sincerely, Attorneys Title Insurance Agency of Aspen, LLC /-3 i & f J hAW ldzj -1/ J~Aes P. McI)onald TELEPHONE (970) 925-7328 AAA FACSIMILE (970) 925-7348 PLANNED COMMUNITY DECLARATION FOR LOT 2, BOOMERANG LOT SPLIT NAME OF THE PLANNED COMMUNITY LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY NAME OF THE ASSOCIATION LOT 2, BOOMERANG LOT SPLIT OWNERS ASSOCIATION OWNERSHIP ENTITY EXECUTING THE DECLARATION 501 W. HOPKINS, LLC DESCRIPTION OF PROJECT Lot 2, according to the Boomerang Lot Split Exemption Plat recorded June 16, 2006, in Plat Book 79 at Page 70 as Reception No. 525370 of the records of Pitkin County, Colorado 1 PLANNED COMMUNITY DECLARATION FOR LOT 2, BOOMERANG LOT SPLIT THIS DECLARATION is made as of , 2008, by 501 W. HOPKINS, LLC, a Colorado limited liability company, (the "Declarant"). RECITALS A. Declarant is the owner ofthe following described real property in the City of Aspen, County of Pitkin, State of Colorado (herein, the "Real Property" or "Planned Community"): Lot 2, Boomerang Lot Split Exemption Plat, according to the Plat thereof filed for record in Plat Book 79 at Page 70, as Reception No. 525370 ofthe records ofPitkin County, Colorado, together with all ofthe common elements thereof ("Lot 2") B. Declarant wishes to re-subdivide Lot 2 to create and confirm a Planned Community consisting of three (3) units ("Units") in which portions of the Real Property are designated for separate ownership, two of which (Units A and B) may each be improved with a single family residence thereon (the "Single Family Units") the third (33 (Unit C) to be further subdivided into two (2) deed restricted affordable housing units ("Units 1 and 2") under the name and style of 521- 523 W. Hopkins Affordable Housing Condominiums; and, the remainder of which Lot 2 is designated for common ownership solely by the Owners of the separate ownership portions. The Units shall be shown on a two-dimensional Plat to be recorded in the real property records of Pitkin County, Colorado ("Plat") THEREFORE, Declarant states as follows: ARTICLE 1 DEFINED TERMS 1.1 Submission of Real Property. Declarant hereby declares that all of Lot 2 and improvements are hereby made subject to the following easements, restrictions, covenants and conditions which shall run with Lot 2 and be binding on all parties having any right, title or interest in Lot 2 or any part thereof, their heirs, legal representatives, successors, grantees and assigns, and shall inure to the benefit of each Owner thereof. Declarant expressly does not submit the Real Property to the provisions of the Colorado Common Interest Ownership Act, C.R.S. ' 38-33.3-101, et seq., as amended from time to time (the "Act"), as the development of the Real Property is exempt therefrom by election of the Declarant, all as permitted by the Act. Such exemption notwithstanding, mandatory provisions of the Act requied by 38-33.3-116.3, Colorado Revised Statutes and the application of the Act to specific provisions hereof shall apply. 1.2 Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Plat and used herein or on the Plat shall have the meanings specified or used in the Act, notwithstanding that the Act does not govern the Planned Community. 2 ARTICLE 2 NAMES; DESCRIPTION OF REAL PROPERTY 2.1 Names. a. Planned Community. The name of the Planned Community shall be Lot 2, Boomerang Lot Split Planned Community (the "Community"). b. Association. The name of the Association is Lot 2, 501 W. Hopkins Planned Community Association, a non-profit Colorado corporation. ARTICLE 3 THE ASSOCIATION 3.1 Authority. The affairs ofthe Community shall be managed by the Association which shall govern the Common Elements of the Common Interest Community. 3.2 Member Groups. The Association shall have three (3) member groups, the Unit A Member Group which is attached to Unit A, the Unit B Member Group which is attached to Unit B and the Unit C Member group which is attached to the Affordable Housing Condominium Parcel. Membership in a group shall be automatic on the part ofany individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. All the members of a Member Group shall constitute an Owner. 3.3 Powers. The Association shall have all ofthe powers, authority, duties, rights and benefits permitted to a corporation pursuant to the Act. Except as otherwise provided in this Declaration, when approval of the members ofthe Association is required, the Association may only act upon the unanimous consent ofits Unit A Member Group and its Unit B Member Group, and neither member group acting alone shall have the power to act for or bind the Association. The Unit C shall have no vote in the affairs of the Association, but no action of the Unit A and Unit B Members Group shall deprive the Unit C and the Unit C Member Group of the right to use the Common Elements. 3.4 Limitation on Powers. The Association shall not have the right to adversely affect the right ofthe Unit C Owners to access and use the parking spaces designated on the Plat for the use ofthe Unit C Owners. 3.5 Executive Board. Except as otherwise provided in this Declaration, the Association shall act through its Executive Board. The Executive Board will consist of two (2) Executive Board Members. The Unit A Member Group and the Unit B Member Group shall each appoint one (1) Executive Board Member. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.7 below. The Unit C shall have no representation on the Executive Board. 3.6 Notice to Owners. Any notice to an Owner of matters affecting the Community by the Association or by another Owner shall be sufficiently given if such notice is in writing and is 3 delivered personally, by courier or private service delivery or by regular first-class postage prepaid mail delivery. All notices so given shall be considered received on the third business day after deposit in the mail regular first-class postage prepaid, at the address of record for real property tax assessment notices with respect to that Owner's Unit or two (2) business days after delivery to a courier or private service delivery. Any notice personally delivered by an owner to the other owner shall be deemed received on the date of such delivery. 3.7 Waiver of Lien Priority Rights. Declarant and each Owner understands and intends, by use of an unincorporated association, and because the Association is not governed by the Act, that the Association will not have the benefit of lien priorities provided in the Act for incorporated associations. 3.8 Deadlock. a. Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" made by a member ofthe Executive Board to the other member ofthe Executive Board after a formal vote in which one member ofthe Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning any matter presented to the Executive Board over which the Board shall have jurisdiction. b. Breaking a Deadlock. In the event of a Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then any matter in Deadlock, shall be settled by binding arbitration administered by the American Arbitration Association in Pitkin County, Colorado, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. ARTICLE 4 UNITS 4.1 Number of Units. The number of Units in the Community is three (3), Unit A, Unit B and Unit C. 4.2 Definition of Units. The identifying name ofeach Unit is shown on the Plat. Each ofUnits A and B shall include an undivided 50% fee simple interest in and to the Common Elements as described in this Declaration and on the Plat, and Unit C an undivided 0% therein. However, the Unit C owners shall have a non-exclusive permanent easement over the Common Element access driveway and an exclusive easement for use of the parking spaces shown on the Plat for vehicular parking. Any reference to a Unit in this Declaration or the Plat shall automatically include that Unit' s undivided interest in the Common Elements, and all interest in the Common Elements shall be deemed inseparable from the respective Units. 4.3 Unit Boundaries. The boundaries of each Unit 6-19(1<el-~ljou on the Plat. The Cornmunity has only vertical boundaries and does not ~e horizontal boundari¥s. The Units include land and structural building improvements no* or hereafter existing/rhe foregoing notwithstanding, the Unit C has been or will be subjectedb-a£ondominium··06claration creating horizontal and vertical boundaries for the two (2) condominium units thereon~ i A - ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS 5.1 Common Expenses. The only Common Expenses ofthe Association are for (a) maintenance, repair, replacement and utility service to and for General Common Elements as shown on the Plat and defined in Section 6.2 ofArticle 6 consisting ofthe driveway, the snowmelt systems servicing the driveway and the parking for Unit C, and (b) Insurance on the General Common Elements, as defined in Section 6.3 of Article 6 below. 5.2 Creation ofAssociation Lien and Personal Obligation to Pay Common Expense Assessment& Each Owner, by acceptance of a deed to a Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall also include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation ofthe Owner at the time when the assessment becomes due. No Unit Owner shall convey a Unit (including a condominium unit in 521-523 W. Hopkins Affordable Housing Condominiums) unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense assessments shall be a continuing lien upon the Unit against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. 5.3 Apportionment of Common Expenses. Common Expenses, if any, shall be assessed against the Units A and B equally. Unit C shall have no responsibility therefor. 5.4 Annual Assessment/Commencement of Common Expense Assessments. The Common Expense Assessments, if any, shall be based upon the Executive Board's advance budget ofthe cash requirements needed by it to provide Insurance and Maintenance during such assessment year. 5.5 Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Executive Board may levy one or more special assessments only to provide, with respect to the Common Elements, for liability claims or for repair or replacement, to the extent not covered by Insurance, or to provide for extraordinary maintenance, if the Executive Board so determines. 5.6 Effect ofNon-Payment of Assessments. Any assessment provided for in this Declaration, or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall bear interest at the rate oftwelve percent (12%) per annum. Further, following ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessment, or may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner's Unit. The Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien 5 therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above need not apply and the non-delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalfor, as may be necessary, in the name of such non-delinquent Owner, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment. ARTICLE 6 MAINTENANCE AND INSURANCE 6.1 Maintenance. a. Association's Responsibility. The Association shall be responsible for the operation, maintenance, repair and replacement of all those portions of the Community whose maintenance and repair has not been assigned to the Owners by the remaining provisions of this Section 6.1, specifically, the vehicular access, including, without limitation; grading and paving the snowmelt for the access drives and parking area is divided into two (2) systems, the boilers for which are located in each ofUnit A and Unit B. Each of Units A and B shall be obligated to maintain its snowmelt boiler on its Unit in good working order, to operate the same at all times necessary so as to keep the access drives and Unit C parking free of snow and ice, and to pay the utility charges therefor. b. Owner's Responsibility. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own, and shall have the right and the obligation to maintain, repair, and the right to alter and remodel all property and improvements constituting such Owner's Unit together with any Limited Common Elements appurtenant thereto. An Owner shall not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Utilities") running through such Owner's Unit but which serve other Units, except in common with the other benefitting Owners. Each Owner shall, at such Owner's sole cost and expense: i. keep and maintain in good order and repair and replace the equipment and those Utilities located in or on such Owner's Unit, which serve that Unit exclusively; ii. keep in good order and repair and replace any exterior finishing or other materials removed with high quality materials and workmanship; iii. maintain in a clean, safe and attractive condition and in good repair the exterior and interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and the roof and structural components serving such Unit; iv. maintain in a neat and clean condition, free and clear of snow, ice and water accumulation all the decks, yard, porches, balconies or patio areas, which have elsewhere in this Declaration been reserved to and for the exclusive use of such Owner, including the Limited Common Elements that have been so reserved. 6.2 Common Elements. Responsibility for the maintenance, repair and replacement of Common 6 Elements shall be a Common Expense. No Owner shall do or permit anything to be done to the area constituting the Common Elements, which will affect the integrity thereof. 6.3 Insurance. a. Association's Insurance. The Association shall maintain property insurance on the Common Elements for not less than the full insurable replacement cost thereof and commercial general liability insurance in such minimum amounts as the Executive Board may establish from time to time, as provided by C.R.S. ' 38-33.3-313 of the Act, the provisions of which are incorporated herein by this reference. Each such insurance policy shall be written with an insurance company licensed to do business in the State of Colorado and shall have a rating of "A" or better as shown in the published rating of AM Best Company. b. Owners' Insurance. Each Owner shall maintain at all times such property and liability insurance with respect to such Owner' s Unit as the Association may establish from time to time. Such policy shall provide that the Association be named as an additional insured and shall further provide that each Owner be provided with at least thirty (30) days written notice of the cancellation of the other Owner's policy. Each Owner shall use best efforts to cause each insurance policy obtained by that Owner, provide that the insurance company waives all right of recovery by way of subrogation against other Owners and the Association in connection with any damage covered by any policy. c. Waivers. The Owners release each other and the Association, and their respective authorized representatives, from any claims for damage to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. d. Obligation to Repair or Replace. In the event of a casualty with respect to the Common Elements, the Association shall repair or replace the improvements as necessary to restore them to their condition before the casualty event. As provided by the Act, the proceeds ofthe insurance carried by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost ofrepair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the Unit Member Groups to the extent that the restoration benefits do not benefit the Units substantially proportionately to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. 6.4 Restoration Upon Condemnation. a. Total Taking. In the event ofa taking of all ofthe Real Property by eminent domain, 7 each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. b. Partial Taking. In the event of a partial taking of the Real Property by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking and after acceptance ofthe award ofthe taking by the Owner and the Owner's mortgagees and lienholders, the Owner, the Owner's mortgagee and lienholders shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. Ifthe taking includes all or a portion of the Common Elements then, unless the Owners decide not to rebuild, the remaining Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the Member Groups to the extent that the restoration benefits do not benefit both Units A and B substantially proportionately to their allocated interests. ARTICLE 7 RESTRICTIONS ON USE 7.1 Nuisances and Negligence; Environmental Conditions. There shall be no noxious or offensive activities carried on, in or upon any Unit or the Common Elements, and no loud noises or noxious odors shall be permitted anywhere in the Planned Community. Nothing shall be done in the Planned Community which may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Unit. The Executive Board shall have the right to determine if any activity, noise or odor constitutes a nuisance or annoyance; provided, however, that nothing shall prevent any Owner from enforcing the provisions of this Article directly by bringing suit or otherwise. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on the Unit which will increase the rate of insurance or which will result in the cancellation of such insurance. Each Owner shall be accountable to the Association and the other Owner for the uses and behavior of its tenants or guests. 7.2 Structural Integrity. Nothing shall be done to any Unit or the Common Elements that will impair the structural integrity of any improvements on the other Units or the Common Elements unless prior written unanimous authorization is obtained from the Executive Board or from the other Owner, as appropriate. 7.3 Restriction Upon Occupancy. Each Unit shall be used and occupied solely for, except as the Owners might otherwise agree, residential purposes only, and except as provided in this section, no trade or business of any kind may be carried on therein, except any home occupation which may be 8 permitted by the City of Aspen Land Use Code. 7.4 No Unsightliness. No unsightliness or waste shall be permitted on or in any part of the Planned Community. All trash shall be collected in areas designated by the Association. No wiring, television antennae or satellite dish (except 18" DSS dishes), or other items may be installed which protrude through windows, walls or roofareas, except as expressly authorized by the Association or this Declaration. 7.5 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property, including the Planned Community or any Unit thereon, such Owner shall be liable or responsible for the same, except to the extent that such damage or loss is covered by insurance obtained by the Association, and the carrier of the insurance has waived rights of subrogation against such Owner. The amount of such loss or damage may be collected by the Association from such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including reasonable attorneys' fees) shall be secured by a lien on the Unit of such Owner, as provided hereinabove, for assessments or other charges. 7.6 Leases. No Owner may lease less than that Owner's entire Unit, and all leases shall be in writing. All leases shall provide that the terms of the lease are subject, in all respects, to the provisions ofthis Declaration. 7.7 Enforcement. The Association, any member of the Executive Board and any Owner shall have the right to enforce this Declaration and the right to collect costs and expenses (including without limitation attorneys' fees) incurred in any enforcement action in which such Owner prevails. ARTICLE 8 EASEMENTS AND LICENSES 8.1 Recording Data. All easements, licenses and title exceptions to which the Common Interest Community are presently subject are recited in Exhibit A. In addition, the Common Interest Community may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration or on the Plat. 8.2 Common Elements and Easement. Each Unit Owner has a right and easement ofenjoyment in and to the Common Elements, which shall be appurtenant to and shall pass with the title to every Unit subject to the provisions contained herein. Every Owner shall have a non-exclusive easement over, under and across the Common Elements. In the event of future construction within a Unit, each Unit Owner shall also have the right, after giving written notice to the members of the Executive Board, to overdig into the Common Elements and adjoining Unit to the minimum extent necessary and temporarily brace any excavation or existing foundations within a Unit. After such temporary use, the constructing Unit Owner shall, at such owner' s sole expense, restore and repair the Common Elements or adjoining unit to the condition existing prior to such construction work. By undertaking work within the Common Elements or adjoining unit, the constructing Unit Owner agrees to defend, indemnify and hold harmless the other Unit and the other Unit Owners from and against all claims arising out of or relating to such construction, including without limitation for 9 injury to persons or property and for mechanics' and materialmen's liens. 8.3 Easements for Improvements, Maintenance and Utilities. Reciprocal Easements (among the Units and Common Elements) are hereby declared to exist over and under the Real Property and all areas thereofnot occupied by building improvements for the existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walkways, and landscaping, and for the repair, replacement and maintenance ofthe same, as needed to service the Real Property and/or the individual Units. Each Owner has the right, at such Owner's sole expense and after giving written notice for at leastfifteen (15) business day to the other Owner, to relocate such lines and facilities within such Owner's Unit; provided, however, that such relocation shall be accomplished without interrupting the need ofthe other Owner for the use of such lines or facilities (including the providing oftemporary service, if necessary),except as such other Owner specifically permits. All disturbances shall be promptly repaired by the Owner relocating utility lines to their original condition at the expense of such owner. 8.4 Encroachment Easements. Each Owner has an easement over the adjoining Unit for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement ofthe building, or any other similar cause. There shall be valid easements for the maintenance of such encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by such encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance ofsuch encroachments so long as they shall exist. 8.5 Easement for Maintenance of Units. Reciprocal easements (among both the Units and the Common Elements) are hereby declared to exist on each side ofthe common boundary line between the Units on areas not occupied by buildings to the extent reasonably necessary for the maintenance of the building exteriors facing said common boundary. Precautions shall be taken to ensure no damage to the Unit ofthe other shall be caused by the exercise ofan Owner ofsuch Owner=s rights; however, any damage which shall be caused shall be indemnified under Section 9.2 hereof. Except in the event of an emergency, or routine items of maintenance such as window washing, such easement for maintenance shall be exercised only on ten (10) days advance written notice to the other Owner. ARTICLE 9 MISCELLANEOUS 9.1 When Consent or Authorization Not Necessary. Notwithstanding anything in this Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization has obtained the consent or authorization of the remaining Owner of the Common 10 Interest Community. 9.2 Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify and hold the other Owner ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs ofdefense and attorneys' fees) ofwhatsoever nature occasioned by or in any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner's Unit or labor, services or materials furnished to such Owner or such Owner's Unit and will maintain the Other Owners' Unit, entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner to so do, the Other Owners shall have the right to do that which they, in their discretion, determines to be necessary to effect the release and discharge of the lien from such Other Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21% shall be repaid by the Indemnifying Owner upon demand. Until repaid, such obligation shall be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other Ownes in the applicable real property records, and which may be foreclosed as in the case ofa mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees. 9.3 Additional Rights of Enforcement. Each ofthe covenants, obligations and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept, discharged or performed is intended to and shall be deemed to be for the specific benefit of the other Unit Owners. In the event ofthe failure or inability ofthe Association to enforce any provision ofthis Declaration against a delinquent or defaulting Owner, the remaining Owners, acting alone, shall have the right in the name of the Association and on such Owner' s behalf or, as the case may be necessary or advisable, in the name of such remaining Owners and on such remaining Owners' behalf to commence, maintain and obtainjudgment under an action for damages, for specific performance, or for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting Owner, the remaining Owners shall be entitled to such remaining Owner's costs and reasonable attorneys fees as a part of any judgment entered for such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. 9.4 No Declarant Reserved Development Rights. There are no development rights reserved to the Declarant. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this day of ,2008. 501 W. HOPKINS, LLC By Narne Title STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) 11 The foregoing instrument was acknowledged before me this day of , 2008 by as of 501 W. HOPKINS, LLC. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seall Notary Public CONSENT OF MORTGAGEE The undersigned holder of a mortgage, deeds of trust or other lien (collectively "Security Interest") recorded , as Reception No. and ofthe County Colorado real property records against and encumbering the Real Property herein above described hereby consents to the within and foregoing Planned Community Declaration and agrees that the lien of its deed oftrust is and shall be subject to the terms conditions and provisions thereof as fully, for all intents and purposes, as though such Declarat ion had been placed of record prior to the recordation of its deed oftrust. ALPINE BANK By: , its Name Title STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of 2008, by as of Alpine Bank. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: [Seal] Notary Public 12 CONDOMINIUM DECLARATION FOR 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS Name of the Condominium 521-523 W. Hopkins Affordable Housing Community: Condominiums Name of the Association: 521-523 W. Hopkins Affordable Housing Condominiums Association Entity executing this Declaration: 501 W. Hopkins, LLC, a Colorado limited liability company 1 521 - 523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS TABLE OF CONTENTS ARTICLE I 1 General Purposes, Submission, Defined Terms 1 Section 1.1 General Purpoq~ 1 Section 1.2 Submission of Real Estate 1 Section 1.3 Defined Term€ 2 ARTICLE II 2 Names, Recording Data, Certain Descriptions, and Development Rights ................... - Section 2.1 Name of Common Interest Community 2 Section 2.2 Type of Common Interest Community 2 Section 2.3 Name of Association 2 Section 2.4 County in which Common Interest Community is Situated Section 2.5 Recording Data 2 Section 2.6 Special Declarant Rights 2 ARTICLE III 2 Units/Common Elementg 2 Section 3.1 Number of Units 2 Section 3.2 Identification of Unitg 2 Section 3.3 Description of Unitq 2 Section 3.4 Unit Boundarieg 3 Section 3.5 Common Elements and Limited Common Elements Section 3.6 No Partition of Units from Condominium 3 Section 3.7 Separate Assessment 3 Section 3.8 No Mechanic's Liens. 4 Section 3.9 Subdivision of Units and Relocation of Boundaries Between Units Section 3.10 Parking Spacri 4 ARTICLE IV 4 The Association, Declarant Control, Indemnification, Notice Section 4.1 Purposes 4 Section 4.2 Specific Powers 5 Section 4.3 Membership Qualifications. 5 Section 4.4 Executive Board 5 Section 4.5 Declarant Control 6 Section 4.6 Indemnification 6 Section 4.7 Notice to Ownerf 7 ARTICLE V 7 Easements and Licenses 7 Section 5.1 Unit Owners' Easement£ 7 Section 5.2 Easement or Encroachments 7 ARTICLE VI 7 Allocated Interests 7 Section 6.1 Allocated Intere~tg 7 Section 6.2 Determination of Allocated Interests 7 i ARTICLE VII 8 Covenant for Common Expense Assessment€ 8 Section 7.1 Obligation to Pay Common Expense Assessments Section 7.2 Apportionment of Common Expense 8 Section 7.3 Purpose of Assessments 9 Section 7.4 Adoption of Budget 9 Section 7.5 Annual Assessment/Commencement of Common Expense Section 7.6 Effect of Non-Payment of Assessment< 9 Section 7.7 Special Assessments 10 Section 7.8 The Association's Lien 10 Section 7.9 Statement of Unpaid Assessment< 11 Section 7.10 Working Fund 11 ARTICLE VIII 11 Use and Other Restrictions 11 Section 8.1 Use of Units 11 Section 8.2 Ownership of Units 11 Section 8.3 Maintenance of Units 12 Section 8.4 Restrictions on Animals and Petg 12 Section 8.5 Zoning, Nuisances, Hazards 12 Section 8.6 Compliance with Insurance Requirement< 12 Section 8.7 Restriction on Signs and Advertising Devirpg 12 Section 8.8 Restrictions on Floor Loads. 12 Section 8.9 Leasing of Units 12 Section 8.10 No Rights of First Refusal.. 13 Section 8.11 No Restrictions on Mortgaging of a Unit 13 Section 8.12 No Time Share< 13 Section 8.13 Rules and Regulationg 13 ARTICLE IX 13 Design Review 13 Section 9.1 Required Approvals 13 Section 9.2 Periods of Restricted Construction 13 Section 9.3 Variancef 14 Section 9.4 Waiver€ 14 Section 9.5 Liability 14 Section 9.6 Records 14 Section 9.7 Enforcement 14 ARTICLE X 14 Insurance 14 Section 10.1 Insurance Carried 14 Section 10.2 Property Insurance on the Units and Common Elements ......-....15 Section 10.3 Liability Insurance 16 Section 10.4 Fidelity Insuranrp 16 Section 10.5 Worker's Compensation and Employer's Liability Insurance ....../-// 16 Section 10.6 Officers' and Directors' Personal Liability Insurance -.„„---„.....16 Section 10.7 Other Insurance 16 Section 10.8 Insurance Premiums 16 ii Section 10.9 Managing Agent Insurance 16 Section 10.10 Waiver of Claims Against Association 16 Section 10.11 Annual Insurance Review 17 Section 10.12 Adjustments by the Association 17 Section 10.13 Duty to Repair 17 ARTICLE X1 17 Special Rights of Holders of First Lien Security Interests 17 Section 11.1 General Provisiong 17 ARTICLE XII 17 Enforcement 17 Section 12.1 Enforcement 18 ARTICLE XIII 18 Amendments 18 Section 13.1 Amendment to Declaration or Map 18 ARTICLE XIV 18 Restoration and Termination 18 Section 14.1 Restoration 18 Section 14.2 Termination 18 ARTICLE XV 18 Condemnation 18 Section 15.1 Appointment of Association as Attorney-In-Fact .-..---.--...„„„. 19 Section 15.2 Entire Taking 19 Section 15.3 Partial Taking. 19 ARTICLE XVI 19 Miscellaneous 19 Section 16.1 Severability 19 Section 16.2 Term of Declaration.. 20 Section 16.3 Singular Includes the Plural 20 Section 16.4 Captiong 20 Section 16.5 Colorado Law. 20 Section 16.6 Disclaimer 20 Section 16.7 Limited Liability 20 Section 16.8 Conflicts with Act, Articles, Bylaws or Rules of Association ------„.20 Section 16.9 Covenants Running with the Land. 20 Section 16.10 Matters of Record 20 iii CONDOMINIUM DECLARATION FOR THE 521- 523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS This CONDOMINIUM DECLARATION ("Declaration") is made this day of , 2008 by 501 W. HOPKINS, LLC, a Colorado limited liability companies ("Declarant"), whose address is 617 W. Main St., Aspen, CO 81611. ARTICLE I General Purposes, Submission, Defined Terms Section 1.1 General Purposes. Declarant is the owner of certain improved, real estate known as the "521-523 W. Hopkins Affordable Housing Condominiums" located in the City of Aspen, County of Pitkin, Colorado on the property more particularly described as Unit 3, Lot 2, Boomerang Lot Split Planned Community Plat according to the Plat thereof filed for record June 16,2006 in Plat Book 79 at Page 70 of the records of Pitkin County, Colorado, as re-subdivided by the Planned Community Plat for Lots 2, Boomerang Lot Split filed for record , 2008 in Plat Book at Page _ of those records. Declarant desires to create a condominium under the name "521-523 W. LIopkins Affordable Housing Condominiums," pursuant to which a portion of the Real Estate will be designated for separate deed restricted ownership and use of a residential nature with the right for home occupations (as limited thereby in the City of Aspen Land Use Code) ("Project"). Section 1.2 Submission of Real Estate. Declarant hereby submits and subjects Unit 3 of Lot 2, Boomerang Lot Split Planned Community (the "Real Estate") together with all easements, rights-of-way and appurtenances thereto and the building and improvements ereeted thereon (collectively, the "Real Estate") to this Declaration. The provisions of the Colorado Common Interest Ownership Act, Section §38.33.3-101 2 seq., of the Colorado Revised Statutes (the "Act") shall not apply at the express direction of the Declarant, except those provisions required by the Act to apply to exempt common interest communities and except where this Declaration provides that the Act shall apply. Declarant hereby declares that all of the Real Estate shall be held, leased, mortgaged, sold and conveyed subject to the following terms, easements, reservations, restrictions, covenants, and conditions. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Real Estate; that this Declaration shall run with the Real Estate and shall be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, devisees, legal representatives, successors and assigns and shall inure to the benefit of each and every Owner. Section 1.3 Remainder of Lot 2, Boomerang Lot Split. 521-523 W. Hopkins Affordable Housing Condominiums shall be a part of a larger planned community constituting all of Lot 2, Boomerang Lot Split ("Lot 2") called Lot 2, W. Hopkins Planned Community upon which Lot 2 shall be constructed, in addition to the 521-523 W. Hopkins Affordable Housing Condominiums, two (2) free market single family residences, subject to the Lot 2, Boomerang Planned Community Declaration (the "Planned Community Declaration") recorded , 2008 as Reception No. of the records of Pitkin County, Colorado and the Planned Community Plat therefor which is filed for record in Plat Book at Page of those records. The Real Estate shall be subject to the Planned Community Dec]Jaration. 521-523 W. 1 Hopkins Affordable Housing Condominiums are described and shown as Unit C under the Planned Community Declaration and Plat. Section 1.4 Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Condominium Map of the 521-523 W. Hopkins Affordable Housing Condominiums (the "Map" or the "Condominium Map") shall have the meanings specified or used in the Act. ARTICLE II Names, Recording Data, Certain Descriptions, and Development Rights Section 2.1 Name of Proiect. The name of the Condominium is the "521-523 W. Hopkins Affordable Housing Condominiums" and is referred to herein as the "Project." Section 2.2 Type of Planned Community. The Project is a condominium. Section 2.3 Name of Association. The name of the Association is the "521-523 W. Hopkins Affordable Housing Condominium Association" a Colorado non-profit corporation *le "Association"). Section 2.4 County in which Proiect Planned Community is Situated. The Project is located entirely within the County of Pitkin, State of Colorado. Section 2.5 Recording Data. The recording data for all recorded easements and licenses appurtenant to or included in the Project is set forth in Exhibit "A." In addition, the Common Interest Community may be subject to the easements or licenses granted or reserved pursuant to this Declaration. Section 2.6 Special Declarant Rights. The Declarant hereby reserves only the Special Declarant Rights enumerated in Section §38-33.3-103 (29) of the Act, including, but not limited to the right to develop and sell the remainder of Lot 2, Boomerang Split Planned Community not within the Condominium Parcel, i.e. Units A and B thereof as a planned community with two (2) free market single family dwelling thereon. ARTICLE III Units/Common Elements Section 3.1 Number of Units. The number of Units in the Project is two (2) consisting of two (2) deed restricted Affordable Housing Units, being Units 1 (the lower Unit) and 2 (the upper Unit), (both being "Units"). The Condominium Map reflects the location of the two (2) Units. Section 3.2 Identification of Units. The identification number of each Unit is shown on the Condominium Map. Section 3.3 Description of Units. Every contract for sale, deed, lease, security interest and every other legal document or instrument shall legally describe a Unit as follows: Unit , 521-523 W. Hopkins Affordable Housing Condominiums, a Condominium Common Interest Community according to the Condominium Map thereof recorded in Plat Book at Page and the Condominium Declaration for 521-523 W.7Hopkins Afiordable Housing Condominiums recorded at Reception No. all 2 of the real estate records of Pitkin County, Colorado. Section 3.4 Unit Boundaries. The boundaries of each Unit are shown on the Condominium Map. Unless otherwise shown on the Condominium Map, as required by the Act or as set forth below, Unit boundaries consist of unfinished walls, floors and ceilings. (a) All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of each Unit; (b) Any 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, are Limited Common Elements allocated exclusively to that Unit; and (c) All built-in air handling, ventilation and heating systems including chutes, flutes, ducts, wire, conduit and all other mechanical systems of the 521-523 W. Hopkins Affordable Housing Condominiums wherever situated that serve only one Unit are Limited Common Elements allocated solely to that Unit and any portions thereof that serve more than one Unit or the Common Elements are Common Elements. (d) Any spaces or improvements outside the boundaries of any Unit that do not serve any particular Unit shall be Common Elements. (e) Any structural elements, bearing walls or columns wherever situated to the unfinished surfaces thereof shall be Common Elements. Section 3.5 Common Elements and Limited Common Elements. Portions of the Real Estate shown on the Condominium Map are either Common Elements or Limited Common Elements. The Association shall be responsible for the maintenance, repair and replacement of all Common Elements. Unless provided otherwise in this Declaration, the Association shall also be responsible for the maintenance, repair and replacement of all Limited Common Elements. Section 3.6 No Partition of Units from Condominium. No Owner may assert any right of partition with respect to such Owner' s Unit. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Unit desiring to separate it from the Condominium. This Section 3.6 shall not, however, limit or restrict the right of the Owners of a Unit to bring a partition action pursuant to Section 3 of 8-28-101 et seq., of the Colorado Revised Statutes requesting the sale of the Unit and the division of the proceeds among each Owners; provided that no physical division of the Unit shall be permitted as a part of such action and no such action shall affect any other Unit. Section 3.7 Separate Assessment. Declarant shall give written notice to the Assessor of Pitkin County, Colorado requesting that the Units be separately assessed and taxed and that the total value of the Common Elements be assessed and taxed proportionately in accordance with the Allocated Interest of such Unit in the Common Elements. After this Declaration has been recorded in the real estate records of Pitkin County, Colorado, Declarant shall deliver a copy of this Declaration as recorded to the Assessor of Pitkin County, Colorado. Section 3.8 No Mechanic's Liens. (a) If any Owner shall cause or permit any material to be furnished to such Owner's Unit or any labor or services to be performed therein, no Owner of any 3 other Unit shall be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor, services or materials to such Owner's Unit. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Elements or any Unit other than that of such Owner with any mechanic's or materialmen's lien or other lien or encumbrance whatsoever. Notice is hereby given that the right and power to charge any lien or encumbrance of any kind against the Common Elements or against any Owner or any Owner's Unit for work done or materials furnished to any other Owner's Unit is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialman' s lien or other lien or order for the payment of money shall be filed against any of the Common Elements or against any other Owner' s Unit or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such),the Owner whose or which act or omission forms the basis for such lien or order shall, at such Owner's own cost and expense, cause such lien or order to be canceled or bonded over in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within twenty (20) days after the filing thereof, and further such Owner shall indemnify and save harmless all such parties affected from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney fees resulting therefrom. Section 3.9 Subdivision of Units and Relocation of Boundaries Between Units. There is hereby reserved to Owners of Units the right in accordance with the Act, but subject to the land use regulations of the City of Aspen Colorado, to subdivide a Unit into two or more Units or to relocate the boundaries between adjoining Units. Section 3.10 Parking Spaces. The two (2) off-street outside Parking Spaces shown on the Plat of the Lot 2, Boomerang Lot Split Planned Community shall be a Limited Common Elements appurtenant to the Units (even though not located on the Real Estate) with the right to the use thereof provided by easement in the Lot 2 Boomerang Lot Split Planned Community Declarations, and the use thereof restricted to one (1) for each of the Units as designated on such Plat. ARTICLE IV The Association, Declarant Control, Indemnification, Notice Section 4.1 Purposes. The Association, through its Executive Board, shall perform the functions and manage and administer the Common Interest Community as provided in this Declaration so as to further the interests of the members of the Association. The Association shall be governed by its Articles of Incorporation and Bylaws, as amended from time to time. The Executive Board may, by written resolution, delegate authority to a manager or managing agent for the Association, provided no such delegation shall relieve the Executive Board of final responsibility. Section 4.2 Specific Powers. The Association shall have all the powers, authority and duties as necessary and proper to manage the business and affairs of the Common Interest Community. The Association shall have all of the powers, authority and duties permitted or set forth in the Act. The Association shall have the power to assign its right to future income, including the right to receive Common Expense assessments, but only upon the affirmative vote of the Unit Owners of Units to which at least sixty-six and two- thirds percent (66 2/3 %) of the votes in the Association are allocated at a meeting called for such purpose. 4 Section 4.3 Membership Qualifications. Each individual, corporation, partnership, limited liability company, joint venture, trust or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a Unit. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a Unit. Ownership of a Unit shall be the sole qualification for such membership. Membership shall terminate automatically without any Association action whenever any Owner ceases to own any Unit. No Owner may pledge or otherwise hypothecate its membership in the Association and no such pledge or hypothecation shall be effective or binding on the Association. Where more than one person or legal entity holds an interest in any Unit, all such persons or legal entities shall be members and the voting of such membership shall be in accordance with the Act. Section 4.4 Executive Board. The affairs of the Association shall be governed by an Executive Board consisting of two (2) members only; one of whom shall be elected by each of the Unit. All controversies, claims or disputes between the Executive Board members which cannot be resolved through negotiations between the Executive Board members, shall be submitted to an Advisor or an Advisory Panel, as appropriate, in accordance with the procedure set forth in subpara5raph (a) below. If the Executive Board members or any of them do not wish to abide by the recommendation of the Advisor or Advisory Panel, the matter or matters in dispute shall be submitted to binding arbitration in accordance with subparagraph (b) below. (a) Advisory Panel. The process shall be commenced by an Executive Board member giving to the other Executive Board member written notice that a matter or matters in dispute (as briefly described in the notice) are to be submitted to an Advisor or Advisory Panel. If the Executive Board members unanimously agree on the identity of an Advisor, who is willing to act as such, within 10 days of the giving of such written notice, then the issue(s) shall be submitted to the Advisor. If the Executive Board members do not unanimously agree on the identity of an Advisor, then the Advisory Panel shall consist of three (3) persons. Each Board member shall appoint one (1) member of the Advisory Panel, and the two (2) members so appointed shall appoint the third (3 rd) member. Each Advisor or member of an Advisory Panel must be a person with expertise and experience regarding the matter(s) in dispute. No Advisor or member of an Advisory Panel shall be an employee, agent or affiliate of any Executive Board member. Each Advisor or member of an Advisory Panel shall, prior to hearing any discussion regarding the disputed issue(s), agree in a form satisfactory to the Executive Board members to keep all information learned as a result of rendering advice to the Executive Board members absolutely confidential. The issue(s) in dispute shall be informally presented to the Advisor or the Advisory Panel, as the case may be, no later than 10 business days following appointment of the Advisory Panel. Within five business days after the conclusion of such presentation, the Advisor or Advisory Panel hearing the issue(s) shall render a recommendation to the Executive Board members. In the event of a disagreement amongst the members of an Advisory Panel as to the proper recommendation, the vote of two out of three or other majority of members o f such Panel shall prevail. The recommendation of the Advisor or Advisory Panel shall not be binding upon the Executive Board members. An Advisor or member of an Advisory Panel may be paid such amounts and provided such technical or other professional assistance as the Executive Board members deem appropriate. The Executive Board members each shall pay their respective pro rata share ot all such costs. (b) Arbitration. If the Executive Board members or any of them do not wish to abide by the recommendation of the Advisor or Advisory Panel, the matter or matters in dispute shall be submitted to binding arbitration before a panel of three arbitrators in Aspen, Colorado, according to the rules and practices of the American Arbitration Association from time to time in force, except that the Executive Board members shall be entitled to the full scope of and procedures for discovery, as defined by 5 the Colorado Rules of Civil Procedure. The arbitrators shall have the full powers and functions of a federal district court judge with respect to such discovery to the extent permitted by law. In addition, the Executive Board members may apply to any court or courts of competent jurisdiction in the aid of and in enforcement of such rights of discovery. This submission and agreement to arbitrate shall be specifically enforceable. Arbitration may proceed in the absence of any Executive Board member if notice of the proceedings has been given to such Executive Board member. The Executive Board members agree to abide by all awards rendered in such proceedings. Such awards shall be final and binding on all Executive Board members to the extent and in the manner provided by the Colorado Rules of Civil Procedure. All awards may be filed with the clerk of any state or federal court having jurisdiction over the Executive Board members or their property as a basis of declaratory or other judgment and of the issuance of execution. No Executive Board member shall be considered in default hereunder during the pendency of arbitration proceedings relating such default. The Costs incurred by the Executive Board members in connection with any arbitration proceedings shall be borne by the members as determined by the arbitrators. Section 4.5 Declarant's Control. The Declarant shall have the reserved power, pursuant to the Act, to appoint and remove officers and members of the Executive Board. This power of Declarant (the "period of Declarant' s Control") terminates upon the sale and conveyance of the last of the Units. At such time as the first of the Units shall be sold and conveyed the Owner of that Unit shall be entitled to appoint one (1) member of the Executive Board. At the time the last of the Units shall be sold and conveyed, that Unit Owner shall appoint the other member of the Executive Board. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the period of Declarant' s Control, but, in that event, the Declarant may require, for the duration of the period of Declarant's Control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. Section 4.6 Indemnification. To the fullest extent permitted by law, each officer and Executive Board member of the Association shall be and is hereby indemnified by the Unit Owners and the Association against all expenses and liabilities including attorney's fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer or Executive Board member of the Association, or any settlements thereof, whether or not they are an officer or Executive Board member of the Association at the time such expenses are incurred; except in such cases wherein such officer or Executive Board member is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. Section 4.7 Notice to Owners. Notice to an Owner of matters affecting the Common Interest Community by the Executive Board or another Unit Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner' s Unit. ARTICLE V Easements and Licenses Section 5.1 Unit Owners' Easements. Each Unit Owner shall have a right of 6 enjoyment and easement for access to such Unit Owner's Unit and to the parking area on Units A and B of Lot 2, Boomerang Lot Split Planned Community through or over the access drive as shown on the Plat thereof and such easement shall be appurtenant to and shall pass with the title to every Unit, subj ect to the following provisions: (a) The right of the Association to promulgate and publish reasonable rules and regulations which each Unit Owner and their guests shall strictly comply with. (b) The right of the Association to suspend the voting rights and rights to use the Common Elements by any Unit Owner for any period during which any assessment against such Owner' s Unit remains unpaid; and, for a period not to exceed sixty (60) days for any Infraction of its rules and regulations. (c) The right of the Association to grant easements, leases, licenses and concessions through or over the Common Elements. (d) The right of the Association to convey or subject a Common Element to a security interest in accordance with and to the extent permitted by the Act. (e) The right of the Association to close or limit the use of the Common Elements while maintaining, repairing or replacing such Common Elements. (f) Any Unit Owner may delegate such Owner's right of enjoyment to the Common Elements and facilities to the members of their family, their tenants or guests who reside or rent at such Owner' s Unit. Section 5.2 Easement or Encroachments. To the extent that any Unit or Common Element encroaches on any other Unit or Common Element, a valid easement for the encroachment exists. ARTICLE VI Allocated Interests Section 6.1 Allocated Interests. The Common Expense liability, percentage ownership interest of each Unit Owner in the Common Elements and votes in the Association allocated Unit are equal. Section 6.2 Determination of Allocated Interests. The interests allocated to each Unit have been calculated as follows: (a) By allocating the interests based on the approximate same square footage ofthe Units (within 50 square feet). (b) The percentage of ownership interest of each Unit Owner in the Common Elements is based upon the approximate same square footage (within 50 square feet) of each Unit. The percentage of ownership of 50% of each Unit is that Unit's allocated interest ("Allocated Interest" or "Allocated Interests" as to both of the Units). (c) The number of votes in the Association is such that each Unit has that percentage of the total votes equal to its Allocated Interest. ARTICLE VII Covenant for Common Expense Assessments 7 Section 7.1 Obligation to Pay Common Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association Common Expense assessments imposed by the Association against said Unit. Such assessments, including fees, charges, late charges, attorney's fees, fines and interest charged by the Association shall also be the personal obligation of the Unit Owner of such Unit at the time when the assessment or other charges become due. Where there are multiple Owners of a Unit, the obligation to pay assessments shall be joint and several. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. No Unit Owner may become exempt from liability for payment of the Common Expense assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Common Expense assessments are made. All assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Section 7.2 Apportionment of Common Expenses. Except as provided in this Section 7.2 or elsewhere in this Declaration, Common Expense assessments shall be assessed against the Units in accordance with their respective Allocated Interests which is based on the relative square footage of each of the units. (a) Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed against the Unit to which that Limited Common Element is assigned; (b) Any Common Expense or portion thereof benefiting only one (1) of the Units shall be assessed exclusively against the Unit benefited; (c) Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner may be assessed against that Unit only; (d) The cost of insurance shall be assigned in proportion to risk. Any insurance premium increase attributable to a particular Unit by virtue of activities in or construction of the Unit shall be assessed against that Unit; (e) If a Common Expense is caused by the misconduct of a Unit Owner, the Association may assess that expense exclusively against that Unit Owner and their Unit; (f) Fees, charges, taxes, impositions, late charges, fines, collection costs and interest charged against a Unit Owner pursuant to Section 7.5 below or elsewhere in the Declaration shall be collectable as Common Expense assessments; Section 7.3 Purpose of Assessments. The assessments levied by the Association through its Executive Board shall be used exclusively for the purposes of promoting the health, safety, and welfare of the members of the Association. Such purposes shall include, but shall not be limited to the following: (a) the improvement, maintenance, repair, upkeep and reconstruction of the Common Elements; or (b) for the painting, landscape care and snow removal and any other maintenance obligations which may be deemed desirable for the common benefit of the Unit Owners; or (c) for the maintenance of property values; or (d) for payment of expenses which may be incurred by virtue of agreement with or requirement of any governmental authority; or (e) to hire a manager to perform all of the tasks of the Association which are legally delegable to a 8 manager. The assessments may also be used to provide insurance of various types and in such amounts deemed appropriate by the Executive Board. Also, a portion of the assessments may be used to provide a reserve fund for the replacement, repair, and maintenance of Common Elements which must be replaced or refurbished on a periodic basis. Section 7.4 Adoption of Budget. Within thirty (30) days after adoption of any proposed budget for the Project, the Executive Board shall mail, by ordinary first-class mail or otherwise deliver, a summary of the budget to both the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting, the affirmative vote of the Unit Owners to which sixty- six and two-thirds percent (66 2/3%) or more of the votes in the Association are allocated reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the last periodic budget as ratified by the Unit Owners will be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board. Section 7.5 Annual Assessment/Commencement of Common Expense. Common Expense assessments may be made on an annual basis against both Units and shall be based upon the Association's budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Executive Board. Common Expense assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner other than the Declarant occurs. The omission or failure of the Executive Board to levy assessments for any period shall not be deemed a waiver, modification or a release of the Unit Owners from their obligation to pay assessments for such period. Section 7.6 Effect of Non-Payment of Assessments. Any assessments, changes or fees provided for in this Declaration, or any monthly or other installments thereof, which is not fully paid within ten (10) days after the due date thereof, as established by the Executive Board, shall bear interest at the rate of eighteen percent (18%) per annum from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within sixty (60) days of the due date thereof shall cause the total amount of such Unit Owner' s Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Executive Board. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Unit Owner' s Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued to the Association without foreclosing, or in any way waiving, the Association' s lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent assessments, charges or fees, or monthly or other installments thereof, which are not fully paid when due. Section 7.7 Special Assessments. In addition to the annual or regular Common Expense assessments, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant to the provisions of the Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a budget adopted by the Association. No special assessment may be levied by the Association 9 unless such special assessment has been approved by the Executive Board and by the maj ority vote o f the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. Section 7.8 The Association's Lien. The Association shall have from the date of recording of this instrument a lien against each Unit to secure payment to the Association of all assessments with respect to such Unit, interest thereon and all costs and expenses of collecting such assessments and charges including reasonable attorney's fees. The Association's lien shall be prior and superior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded prior to the recordation of this instrument; (b) the security interest of a first lien or with respect to such Unit except to the extent specified in the Act; (c) liens for real estate taxes and other governmental charges against such Unit; and (d) mechanic's and materialman' s liens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of lien. Nevertheless, the Association may record in the real estate records of Pitkin County, Colorado, a notice of lien which shall be executed by an officer or Executive Board Member of the Association and which shall contain substantially the following information: (i) the legal description of the Unit against which the lien is claimed; (ii) the name of the defaulting Owner of such Unit as indicated by the Association' s records; (iii) the total unpaid amount together with interest thereon and costs of collection as of the date of such notice; (iv) a statement that the notice of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such Unit in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. No failure or omission of the Association to file any notice of lien shall affect the validity, priority or enforceability of such lien. The Association' s lien may be foreclosed upon in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. In any such foreclosure, the Owner of the Unit subject to such foreclosure shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees. The Association shall be entitled to purchase the Unit at any foreclosure sale, and to hold, lease, mortgage or convey the same. In any such foreclosure action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure to the extent of the unpaid assessments and charges. Section 7.9 Statement of Unpaid Assessments. The Association shall furnish to an Owner of a Unit or such Unit Owner's designee or to a holder of a security interest or its designee, upon written request, delivered personally or by certified mall, first-class postage prepaid, return receipt requested to the Association' s registered agent, a written statement setting forth the amount of the unpaid assessments, if any, with respect to such Unit. Such statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding upon the Association, the Executive Board and every Unit Owner. If no statement is furnished to the requesting party delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the Unit for unpaid assessments which were due as of the date of the request. Section 7.10 Working Fund. The Association or Declarant may require each initial Unit Owner (other than Declarant) to make a non-refundable payment to the Association in an amount equal to twenty-five percent (25%) of the annual Common Expense assessment against that Unit in effect at the initial closing thereof, which sum shall be held, without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the initial sale by Declarant of each Unit, as aforesaid, and shall be maintained for the use and benefit of the Association. Such payment shall not relieve a Unit Owner from making 10 regular payments of assessments as the same become due. Upon the transfer of an Owner's Unit, such Owner shall be entitled to a credit from transferee of the Unit for any unused portion of the aforesaid working fund. This account may be updated annually as of December 31 st, and notice shall be given to all Unit Owners whose individual account does not equal twenty-five percent (25%) of the current annual assessment. Payment of any shortage shall be due with the next regular assessment payment, following written notice. ARTICLE VIII Use and Other Restrictions Section 8.1 Use of Units. No Unit within the Project shall be occupied for living or sleeping purposes by more persons than the Unit was designed to safely accommodate. Units shall be used and occupied primarily for a residence and secondarily for a home office if the home office complies with the following criteria: (i) no goods or merchandise may be produced, stored, displayed or sold as a part of the business conducted at the home office; (ii) only one other person not a resident in the Unit may be employed or associated with the business conducted at the home office; (iii) no separate entrance to the home office shall be permitted; (iv) no signs identifying the home office shall be permitted; and (v) such use complies with the land use regulation of the City of Aspen Colorado. Section 8.2 Ownership of Units. Units 1 and 2 shall be owned, sold, conveyed, leased and occupied under the rules, regulations, requirements and guidelines of APCHA and the provisions of the Subdivision Exemption Agreement for Boomerang Lot Split recorded as Reception No. 525369 of the Records of Pitkin County, Colorado ("SIA"). Pursuant to the SIA and the Master Deed Restriction for the Proj ect recorded as Reception No. of those records. Section 8.3 Maintenance of Units. Each Unit at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, machinery, lumber or other building materials shall be permitted to remain exposed in any Unit so that the same are visible from any neighboring Unit or any street. Section 8.4 Restrictions on Animals and Pets. No more than two (2) pets (either dogs or cats or any combination thereof) shall be allowed in each of the Free Market Units; provided, however, dogs shall not be allowed to bark so as to constitute a nuisance to other Owners; may not be tied up, kept or allowed unattended on decks or any other Common Elements and shall be subject to such further rules as the Association may from time to time promulgate. No other animals shall be raised, bred, kept or regularly brought to the Project (including, without limitations, any birds, fish or other household pets) except for those animals (if any) permitted under the provisions of the rules of the Association and except for animals which are trained to and are in fact assisting persons with disabilities. Renters of the Units shall be prohibited from having any pets. Section 8.5 Zoning, Nuisances, Hazards. No Unit within the Project shall be used for any purpose other than as allowed by the local zoning codes. No nuisance shall be permitted within the Project, nor any use, activity or practice which is a source of unreasonable annoyance or embarrassment to, or which unreasonably offends or disturbs, any Unit Owner or which may unreasonably interfere with the peaceful enj oyment or possession of the proper use of a Unit or Common Element, or any portion of the Project by Unit Owners. Further, no unsafe, hazardous, offensive, or unlawful use shall be permitted within the Project or any portion thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Project or a portion thereof shall be observed. 11 Section 8.6 Compliance with Insurance Requirements. Except as may be approved in writing by the Executive Board, nothing shall be done or kept on the Project which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. Section 8.7 Restriction on Signs and Advertising Devices. No signs (which term shall include posters, billboards and advertising devices) of any kind shall be erected or maintained anywhere within the Project except such sign or signs as may be approved in writing by the Executive Board. Section 8.8 Restrictions on Floor Loads. No Owner of a Unit may place a load on any floor which exceeds the floor load for which the floor was designed to support. No Owners of a Unit shall install, operate or maintain any item of heavy equipment or make any other installation, except in a manner designed to achieve a proper distribution of weight. Section 8.9 Leasing of Units. Any Unit Owner shall have the right to lease such Owner's Unit subject to the limitations imposed by the APCHA upon such terms and conditions as such Unit Owner may deem advisable, subject to the following: (a) Every lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, the Bylaws of the Association and the Articles of Incorporation and the rules and regulations of the Association and shall state that the failure of the tenant or renter or guest to comply with the terms of the Declaration or Bylaws of the Association, Articles of Incorporation or the rules and regulations of the Association shall constitute a default of such lease or rental agreement and such default may be remedied by the Association which remedy may include eviction. Notwithstanding the foregoing requirements, short term rentals (i.e., not to exceed fourteen (14) days) need not be in writing but shall nevertheless remain subject to the terms of the Declaration, the Bylaws of the Association and the Articles of Incorporation and rules and regulations of the Association. Section 8.10 No Rights of First Refusal. The rights of a Unit Owner to lease, sell, transfer or otherwise convey its Unit shall not be subject to any right of first refusal or similar restriction and such Unit may be sold free of any such restrictions. Section 8.11 No Restrictions on Mortgaging of a Unit. There are no restrictions on the right of the Unit Owners to mortgage or otherwise encumber their Units. There is no requirement for the use of a specific lending institution or particular type of lender. Section 8.12 No Time Shares. No Unit shall be submitted to or conveyed pursuant to a timesharing or interval ownership arrangement. Section 8.13 Rules and Regulations. Consistent with and in furtherance of the intent, purposes and provisions of this Declaration governing the Project rules and regulations may be adopted, amended, or repealed from time to time by the Executive Board. All rules adopted by the Association shall be reasonable and uniformly applied, and in accordance with any APCHA requirements. The Executive Board may also establish and enforce penalties and fines for the infraction thereof which fines shall be collectable as assessments in the manner provided in Article VII above. ARTICLE IX Design Review 12 Section 9.1 Required Approvals. No structural improvements to the interior of a Unit or any structure or any attachment to the exterior of the buildings or to other existing structure, shall be constructed, erected, placed or installed within the Project, including but not limited to, a change in painting and/or staining of exterior siding, unless complete plans and specifications thereto (said plans and specifications to show design, materials, color, location, as well as such other information as may be required) shall have been first submitted to and approved in writing by the Executive Board. The approval or consent of the Executive Board on matters properly coming before it shall not be unreasonably withheld or delayed, and actions taken shall not be arbitrary or capricious and decisions shall be conclusive and binding on all interested parties. Upon its review of any plans, specifications or submittals, the Executive Board may require that the applicant(s) reimburse the Association for actual expense incurred by jt in its review and approval process. The Executive Board shall not refuse to permit any Unit Owner to make reasonable modifications to such Owner's Unit or to any Limited Common Element which the Unit Owner has the right to use, if such modifications are necessary under the Americans with Disabilities Act. Section 9.2 Periods of Restricted Construction. No major remodeling, renovations or other substantial construction work may commence, occur or be carried out in the Units during the period beginning December 1 and ending April 1 or between July 1 and Labor Day of each year unless the written consent of the Owners of the other Units (i.e., the Units that are not the subject of such remodeling, construction or renovations) is first obtained. Nothing herein shall prevent any emergency or other repairs or routine maintenance or cleaning being made or performed at any time. Section 9.3 Variances. The Executive Board may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Declaration. Such variances or adjustments shall be granted only when the granting thereof shall not be materially detrimental or inj urious to the other Units or Common Elements nor deviate substantially from the general intent and purpose of this Declaration. Section 9.4 Waivers. The approval or consent of the Executive Board to any application for design approval shall not be deemed to constitute a waiver of any right to deny approval or consent as to any application on other matters subsequently or additionally submitted for approval or consent. Section 9.5 Liability. Neither the Association nor the Executive Board nor any members thereof, nor any representative of any committee designated to act on its behalf, shall be liable for damages to any person submitting requests for approval for any failure to approve or disapprove any matter within its jurisdiction under this Declaration. Section 9.6 Records. The Executive Board shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto, such records shall be open and available for Inspection by any interested party during normal business hours. Section 9.7 Enforcement. Enforcement of the provisions of this Article IX, may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association and any interested Unit Owner shall have the right, but not the obligation, to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Article, the Association shall be entitled to recover its costs and reasonable attorney's fees incurred pursuant thereto, as well as any and all other sums awarded by the Court. Failure of the Association or any Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 13 L ARTICLE X Insurance Section 10.1 Insurance Carried. The Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth herein and as set forth in the Act, which insurance coverage shall be provided by financially responsible and able insurance companies duly authorized to do business in the State of Colorado. Commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, the Association shall maintain, to the extent reasonably available, policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of a Unit Owner and shall provide that such policies may not, unless otherwise provided by statute, be canceled or not renewed without at least thirty (30) days prior written notice to all of the Unit Owners, holders of first lien security interests and the Association. (b) If requested, duplicate originals of all policies and renewals thereof or certificates or memoranda of insurance, together with proof of payments of premiums, shall be delivered to any Unit Owner or holder of a first lien security interests. (c) All liability insurance shall be carried in blanket form covering Declarant, the Association, the Executive Board, the managing agent, if any, and their respective employees, agents and all persons acting as agents. (d) Prior to obtaining any policy of property insurance or renewal thereof, pursuant to the provisions hereof, the Executive Board may obtain an appraisal from a duly qualified real estate or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Units and the Common Elements, without deduction for depreciation and shall review any increases in the cost of living, and/or consider other factors for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. The total amount of property insurance must not be less than full insurable replacement cost (at the time of purchase of insurance and at each renewal date) less applicable deductions exclusive of land, excavations, foundations and other items normally excluded. (e) Unit Owners may carry and are advised to carry other insurance for their benefit and at their expense, provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such additional insurance carried by Unit Owners and provided, further, that the policies of insurance carried by the Association shall be primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered by policies of the Association. In this regard, Declarant discloses that the Association's insurance coverage, as specified hereunder and under the Act, does not obviate the need for Unit Owners to obtain insurance for their own benefit. (f) All policies of insurance obtained by the Association shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Unit Owner guilty of a breach of warranty, act, omission, negljgence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Unit Owner' s interest, or who permit or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under any such policy, as to the interests of all other insured Unit Owners not 14 guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Section 10.2 Property Insurance on the Units and Common Elements. The Association shall obtain adequate property insurance covering loss, damage or destruction by fire or other casualty to the Units, to the Common Elements and the other property of the Association. The insurance obtained by the Association is not required to include improvements and betterments installed by Unit Owners. If coverage purchased by the Association includes improvements and betterments installed by Unit Owners, the cost thereof shall be assessed to each Unit in proportion to risk. All policies shall contain a standard non-contributory mortgage clause in favor of each holder of first lien security interests, and their successors and assigns, which shall provide that the loss, if any thereunder, shall be payable to the Association for the use and benefit of such holders of first lien security interests, and their successors and assigns, as their interests may appear of record in the records of the office of the Clerk and Recorder of the County of Pitkin, Colorado. Section 10.3 Liability Insurance. The Association shall obtain adequate comprehensive policy of public liability insurance against claims and liabilities arising in connection with the ownership, existence, use and management of the Common Elements, in such limits as the Executive Board may from time to time determine, but not in any event less than One Million Dollars ($1,000,000.00) per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. All liability insurance shall name the Association as the insured. Section 10.4 Fidelity Insurance. The Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, Executive Board members, trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The clause "officers, Executive Board members, trustees and employees" shall not include any officer, Executive Board member, agent or employee of any independent, professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in control of the Association, its officers, Executive Board members, trustees and employees. Section 10.5 Worker's Compensation and Employer' s Liability Insurance. The Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 10.6 Officers' and Directors' Personal Liability Insurance. The Association may obtain officers' and Executive Board members' personal liability insurance to protect the officers and Executive Board members from personal liability in relation to their duties and responsibilities in acting as officers and Executive Board members on behalf of the Association. Neither the term "officers" nor the term "Executive Board member" shall include any officer, Executive Board member, agent or employee of any independent professional manager or managing agent heretofore or hereafter employed by the Association. Section 10.7 Other Insurance. The Association may obtain endorsements to policies or additional insurance against such other risks, of similar or dissimilar nature, as it shall deem appropriate with respect to the Association responsibilities and duties. Section 10.8 Insurance Premiums. Except as assessed in proportion to risk as permitted under the terms of this Declaration, insurance premiums for the above provided 15 insurance shall be a Common Expense to be included as a part of the annual Common Expense assessments levied by the Association. Section 10.9 Managing Agent Insurance. The manager or managing agent, engaged by the Executive Board, if any, shall be insured to the same extent as the Association, as herein provided, and as provided in the Act, for the benefit of the Association, and shall maintain and submit evidence of such coverage to the Association. Section 10.10 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Unit Owners, the Association and the Unit Owners hereby waive and release all claims against one another, the Executive Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by said person. Section 10.11 Annual Insurance Review. The Executive Board shall review the insurance carried by and on behalf of the Association at least annually for the purpose of determining the amount of insurance required. Section 10.12 Adiustments by the Association. Any loss covered by an insurance policy described above shall be adjusted with the Association, and the insurance proceeds for that loss shall be payable to the Association, and not to any holder of a first lien security interests. The Association shall hold any insurance proceeds in trust for the Association, Unit Owners and holders of first lien security interests as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association, Unit Owners and holders of first lien security interests are not entitled to receive payment of any portion of the proceed unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. Section 10.13 Duty to Repair. Any portion of the Common Interest Community for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association, except as provided in the Act. ARTICLE X1 Special Rights of Holders of First Lien Securitv Interests Section 11.1 General Provisions. The provisions of this Article are for the benefit of all beneficiaries or holders of first lien security interests recorded within the Common Interest Community. To the extent applicable, necessary or proper, the provisions of this Article XI apply to both this Declaration and to the Articles and Bylaws of the Association. A holder or beneficiary of a first lien security interest who has delivered a written request to the Association containing its name, address and the legal description and the address o f the Unit upon which its holds a security interest, shall be entitled to: (a) receive timely written notice from the Association of any default by a mortgagor of a Unit in the performance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the rules and regulations, which default is not cured within sixty (60) days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c) receive a copy of financial statements of the Association; (d) receive written notice of all meetings of the Executive Board or Members of the Association; (e) designate a representative to attend any such meetings; and (f) receive written notice of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. ARTICLE XII 16 Enforcement Section 12.1 Enforcement. The Association or a Unit Owner or Unit Owners of any of the Units may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of this Declaration by proceedings at law or in equity against any person or persons, either to recover damages tor such violation, including reasonable attorney' s fees incurred in enforcing these covenants, or to restrain such violation or attempted violation. Failure of the Association or of any Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE XIII Amendments Section 13.1 Amendment to Declaration or Map. Except in the case of amendments that may be executed by Declarant or the Association as allowed by the Act or as provided below, this Declaration, including the Map, may be amended only by the vote or agreement of Owners of Units owning sixty-seven percent (67%) of the Allocated Interests. Every amendment to the Declaration must be: (i) recorded in the real estate records of Pitkin County, Colorado and is effective only upon recordation; (ii) indexed in the grantee's index in the name of the Common Interest Community and the Association and in the grantor' s index in the name of each person executing the Amendment. Except to the extent expressly permitted or required by the Act, no amendment may create or increase the number of Units, or change the boundaries of any Unit or the Allocated Interests of a Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit Owners. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the President of the Association. All expenses associated with preparing and recording an Amendment to the Declaration shall be the sole responsibility of the Association, except as may otherwise be provided in the Act. ARTICLE XIV Restoration and Termination Section 14.1 Restoration. If at any time all Owners and all holders of first lien security interests shall agree that the Project has become obsolete and shall approve a plan for its renovation or restoration, the Association shall promptly cause such renovation or restoration to be made according to such plan. All Owners shall be bound by the terms of such plan and the costs of the work shall be a Common Expense. Section 14.2 Termination. If at any time an agreement to terminate the Project is obtained from sixty-six and two-thirds percent (66 2/3%) of the Allocated Interests of the Owners and all holders of first lien security interests in accordance with the provisions of the Act, the Association shall promptly undertake the actions required of the Association under the provisions of the Act. Upon completion of such actions by the Association, this Declaration shall automatically terminate without any further action. ARTICLE XV Condemnation 17 Section 15.1 Appointment of Association as Attorney-In-Fact. Each Owner, on such Owner's behalf and on behalf of such Owner's heirs, devisees, legal representatives, successors and assigns, does irrevocably constitute and appoint the Association with full power of substitution, as such Owner' s true and lawful attorney in-fact such Owner' s name, place and stead to deal with such Owner's Interest in such Owner's Unit upon condemnation of such Owner' s Unit with full power, right and authorization to execute, acknowledge and deliver any contract, deed or other document affecting the interest of such Owner, and to take any other action which the Association may consider necessary or advisable to give effect to the provisions of this Section 15.1. If requested to do so by the Association, each Owner shall execute and deliver a written instrument confirming such appointment. The action of the Association in settling any condemnation claim shall be final and binding on all Owners. Section 15.2 Entire Taking. If the entire Project is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, or if any part of the Project is taken and the part remaining may not practically or lawfully be used for any purpose permitted by this Declaration, the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking and shall sell the part of the Real Estate remaining after the taking, if any, free and clear of the provisions of this Declaration which shall automatically terminate upon the recording of a notice by the Association setting forth all of such facts without any further action. The award and the proceeds of such sale, if any, shall be distributed by the Association in the manner provided in the Act. Section 15.3 Partial Taking. If a taking occurs other than a taking specified in Section 15.2 hereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Project not so taken to be restored as nearly as possible to its condition prior to the taking, and shall prepare, execute and record an amendment to the Declaration which confirms any reallocation of the Allocated Interests made pursuant to the provisions of the Act. The costs of such restoration shall be a Common Expense payable by the Owners in accordance with respective Allocated Interests after any reallocation referred to in the preceding sentence. The award paid to the Association as a result of any such taking shall be disbursed by the Association as follows: (a) If a Unit is taken, the portion of such award attributable to such Unit shall be disbursed to the Owner of such Unit or the lienholder(s) with respect to such Unit, as their interests may appear; and (b) Any portion of such award not disbursed pursuant to the provisions of Section 15.3(a) hereof shall be disbursed to the Owner of each Unit or the lienholder(s) with respect to such Unit, as their interests may appear, in accordance with the reallocation of such Allocated Interests as referred to in Section 15.3 above. ARTICLE XVI Miscellaneous Section 16.1 Severability. Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 16.2 Term of Declaration. This Declaration shall continue and remain in full force and effect in perpetuity as the same may be amended from time to time in accordance with the provisions of Article XIII, unless this Declaration be terminated in 18 accordance with the Act. Section 16.3 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 16.4 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 16.5 Colorado Law. The interpretation, enforcement and any other matters relative to this Declaration shall be construed and determined in accordance with the laws of the State of Colorado. Section 16.6 Disclaimer. Unless otherwise provided by the Act, no representations or warranties of any kind, express or implied, have been given or made by Declarant, or its agents or employees, in connection with this Common Interest Community, or any portion thereof, or any improvement thereon, its physical condition, zoning, compliance with applicable laws, fitness or intended use or operation, cost of maintenance or taxes except as expressly set forth in this Declaration. Section 16.7 Limited Liability. A Executive Board Member or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts and except for acts specified in §7-24- 111 of the Colorado Revised Statutes. Unless otherwise required by the Act, Declarant and any agent or employee of Declarant shall not be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. Section 16.8 Conflicts with Act. Articles, Bylaws or Rules of Association. In the event of any conflict or inconsistency between provisions of this Declaration the mandatory provisions of the Act shall govern and as between the Articles, Bylaws or Rules and Regulations of the Association, the provision of this Declaration shall govern and control, and then the Articles, Bylaws and Rules and Regulations in that order. Section 16.9 Covenants Running with the Land. Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each Unit for the benefit of all the Real Estate. Section 16.10 Matters of Record. Matters of Record affecting the Real Estate are set forth on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the Declarant has signed this Declaration this day of ,2008. DECLARANT: 501 W. HOPKINS, LLC, a Colorado limited liability company By: Name Title 19 STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing Condominium Declaration for the 521-523 W. Hopkins Affordable Housing Condominiums was acknowledged before me on this day of ,2008, by as for 501 W. Hopkins, LLC. WITNESS my hand and official seal My commission expires: Notary Public 20 EXHIBIT A Matters of Record 21 Jennifer Phelan From: Jennifer Phelan Sent: Thursday, June 26, 2008 12:37 PM To: 'Sarah Oates' Subject: want to meet on plat tomorrow? Sarah: I have some comments that I want to go over on the Boomerang lot. I'm available anytime before noon tomorrow. Are you available? Jen,ru®r Pheta*, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 0 . . . . . . . SURVEYORS NOTES: 1. LCE DENOTES "LIMITED COMMON ELEMENT" 2. GCE DENOTES "GENERAL COMMON ELEMENT". -OT 2 BOOMERA\G -0-- T CONSENT OF MORTGAGE HOLDER: CERTIFICATE OF DEDICATION AND OWNERSHIP: THE UNDERSIGNED, AS MORTGAGEE UNDER THE PROVISIONS OF THE CERTAIN DEED OF TRUST KNOW ALL MEN BY THESE PRESENTS THAT 501 W. HOPKINS, LLC, A COLORADO LIMITED 3. ALL AREAS NOT LABELED AS A UNIT OR LIMITED ~ LIABILITY COMPANY AS BEING THE RECORD OWNER OF CERTAIN LANDS IN DATED OCTOBER 30, 2007 AND RECORDED IN THE RECORDS OF THE CLERK AND RECORDER COMMON ELEMENTS ARE GENERAL COMMON ELEMENTS. FA 4. BENCHMARK: OF THIS PLAT AS HEREON DRAWN AND HEREBY SUBORDINATES THE LIEN OF SAID DEED 4/1 UNITY PLAT OF TRUST TO THE MATTERS SET FORTH ON THIS PLAT. ALL OF LOT 2, AS SAID LOT 2 IS SHOWN ON THAT CERTAIN PLAT ENTITLED THE CITY OF ASPEN, IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: OF PITKIN COUNTY AS RECEPTION NO. 543705, HEREBY CONSENTS TO THE RECORDING TOP OF ENCASED 2.5" ALUM. DISC "GPS-7" NEAR THE CENTER OF INTERSECTION OF WEST HOPKINS AVENUE PNDSOT~OTHS S~XHTHWNSTREETEOEI~VA-NONSE= 7929~"ETEVT (PERBUETTONAE~U,M~LS |~~ ·'-3 SURVEY DATED NOVEMBER 28, 1999 FILED IN CITY ENGINEERS OFFICE) F THAT CERTATN LOT 2 ASh@HOWN ON THAT PLAT ENTITLED "BOOMERANG "BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION PLAT" AS FILED JUNE 16, 2006 LOT SPLIT SUBDIVISION EXEMPTION PLAT" AS FILED JUNE 16, 2006 IN PLAT BOOK 79 AT ALPINE BANK BY: IN PLAT BOOK 79 AT PAGE 70 AS RECEPTION NUMBER 525370 AT THE 5. BASIS OF BEARINGS: THE BEARING S 75'09'11" E BETWEEN FOUND MONUMENTS ON THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, STATE OF COLORADO NORTHERLY LINE OF LOT 2 ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST HOPKINS AVENUE PAGE 70, PITKIN COUNTY CLERK AND RECORDER'S OFFICE AS SAID LOT 2 IS SHOWN ON PLAT FILED IN PLAT BOOK 79 AT PAGE 70, PITKIN COUNTY RECORDS reitvvt,00,2-L WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. PURPOSE STATEMENT: To48-0119549*Ii#C LOT 2 TO CREATE AND CONFIRM A PLANNIED COMMUNITY NAME TITLE HAS BY THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT, SHEET ONE 6. ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC COMMITMENT ORDER NO. PC07002542 CONSISTING OF THREE (3) UNITS WITH COMMON ELEMENTS AND LIMITED COMMON ELEMENTS. OF ONE, LAID OUT, i . T...... . -'- '-' '-'~411~~ THE SAME ABOVE DESCRIBED LANDS DATED OCTOBER 31, 2007, WAS USED IN PREPARING THIS SURVEY PLAT. NOTARY PUBLIC CERTIFICATE: AS SHOWN HEREON, SUBJECT TO THE PLANNED COMMUNITY DECLARATION FOR LOT 2, BOOMERANG 7. THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS MAP k. STATE OF COLORADO ) LOT SPLITRECORDED , 2008, AS RECEPTION NO. ___---_-- AND SAID OWNER DOES IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT BEARS THE ORIGINAL SIGNATURE AND 0 ) SS HEREBY PUBLISH THIS PLANNED COMMUNITY PLAT UNDER THE NAME AND STYLE OF "LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" WET STAMP OF ROBERT C. HUTTON P.L. S. 24312. DOCUMENTS PREPARED BY THE SURVEYOR COUNTY OF PITKIN ) AND WITHOUT A SIGNATURE AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL % 501 W. HOPKINS, LLC INFORMATION SHOWN THEREON IS SUBJECT TO CHANGE. k RECEIVED THE FOREGOING CONSENT OF MORTGAGE HOLDER CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF _-----_- 2008 BY 8. MEASUREMENT OF DIMENSIONS AND TOLERANCES: ALL EXTERIOR DIMENSIONS SHOWN AND ELEVATIONS NOTED ARE MEASURED TO THE UNFINISHED EXTERIOR SURFACES OF THE WALLS. LL AS OF ALPINE BANK. BY: THE LOCATION OF THE PERIMETER WALLS OF EACH UNIT, AS SHOWN HEREON, ARE SUBJECT TO A HORIZONTAL TOLERANCE OF (PLUS OR MINUS) TWO INCHES. i/ ]UN 19 20 WITNESS MY HAND AND OFFICIAL SEAL. IN INTERPRETING DEEDS AND PLANS, THE EXISTING PHYSICAL BOUNDARIES OF THE UNIT OR OF A UNIT NAME TI TLE COMMUNITY DEVELOPMENT RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE BOUNDARIES, RATHER THAN T-HE METES AND j CITY OF ASPEN MY COMMISSION EXPIRES: 0 BOUNDS EXPRESSED IN THE DEED OR PLAT WILL CONSTITUTE THE UNIT BOUNDARY LINES TO BE CONVEYED, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR VARIANCE 32.62' BETWEEN BOUNDARIES SHOWN ON THE PLAT OR IN THE DEED AND THOSE OF THE BUILDING. NOTARY PUBLIC 9. THIS PLANNED COMMUNTITY PLAT ALSO MEETS THE REQUIREMENTS OF A MAP FOR THE PURPOSES OF THE COLORADO COMMON INTEREST OWNERSHIP ACT [CRS 38-33.3-103 (22.5)] WA-2-Af?~EPDO?'Bola'AJ'CPOT'SSOTOEUND~AVi#op[EXCIARJUfFREHI~1 kifdOSKN~E~TOPNA~A.TOCERTAINI FND. 5/8" REBAR W/ RED PLASTIC CAP LS #24303 MES T TITLE CERTIFICATE: NOTARY PUBLIC CERTIFICATE: 2~Ip UNI~S BEIN4DULY AP~OVED EMLCITY OF %PEN P816NNING AND ZONINACOMMISS~N RESLUTI~ NUUER (HELD FOR BASIS OF BEARING) TBM ELEV. = 7921.09' ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC.,(ORDER NO. PC07002542) DOES HEREBY CERTIFY STATE OF COLORADO ) 3-2~6 A~THE ~©IERANG0QT SPL~SUBDIVI#~ EXEIJ~ON AG~~MENT R~pRDE[~3 REd~TION52~f9. S 14'51' W 0.2' FOUND TO RECORD LOCATION THAT THE ENITY LISTED AS OWNER ON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE REAL HOPKINS A 3 SS COUNTY OF PITKIN J 11. THE GROSS AREA OF LOT 2 (BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION PLAT - (PER PLAT BOOK 79 (75' 1~ / TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR OF ALL MONETARY LIENS, TAXES, AND ENCUMBRANCES, THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED PROPERTY HEREON, THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT AT PAGE 70 = 12,237 * SQUARE FEET (0.2809 ACRES) ry/DE R \ w)- VENUE EXCEPT THE LIEN OF THE DEED OF TRUSTS SHOWN ON THE CONSENT OF MORTGAGEE HOLDER ABOVE 12. ALL ANGLES SHOWN HEREON ARE 90' UNLESS NOTED OTHERWISE OR INDICATED OTHERWISE BY BEARING LABEL. BEFORE ME THIS DAY OF JANUARY, 2008 BY AS THIS DAY OF -__---__ 2008. 13. ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. ~ 4' - OF 501 W. HOPKINS, LLC. BOOK 79 45.14' - ~0~ ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC A-·1* pl,4 46·s V\4 -4¥Mal b I WITNESS MY HAND AND OFFICIAL SEAL. 10.6' /- 992«tort Il 04 (BASIS NAME TITLE 15' BY: MY COMMISSION EXPIRES: e 10.33' LOT M & - ~ 10.6' S 75~ BEARIN. 4, \ LITTLE AJAX SUB. P,U,Ill 15.2' 2 41 13.50' - - 10, SE-784(* /r•-=- 48.78' U9211. 68) NOTARY PUBLIC £f'Dv,v.94*\Ale\0 rh/1-ZIpt .DIA)k.x·£4\-if DE 0/9 &5 (PER PLAT BOOK 73 AT PAGE 4)1 6 1 h. f rpLAT m. K 2 7 E 165.00• ACCESS EASEMENTS FOR UNITS A, B, AND C PARKING 02/ 10.33' lf"fi'OK 79 AT PAGE 70) 4/ 4 4, c FND. ENCASED 2.5" ALUMINIUM DISC "GPS-7" MONUMENT NEAR THE A -- 5 - --- 16.0' CENTER OF INTERSECTION OF W. HOPKINS AVE. AND S. 6-TH ST. O - ELEVATION = 7929.88' CITY OF ASPEN DATUM 0 £ m 38.42' -- E fll) A UNIT C \\6 (521-523 W. HOPKINS AVE) 0 & AREA = 2616 SQ.FT.* b 3.71 2 9.- - 10.6' 1 1 - 2 4 2 FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 CD 55.08' h 05 *.r- e.224.*4% ~ 2-STORY WOOD FRAME ADU/CH ~ V~ ' 1 (4 2 4 0 N 89'42' E 0.4' FOUND TO RECORD LOCATICN ~ 5.88' --- DIMENSIONS SHOWN TO OUTSIDE n ; 4 33' Lca b FACE CONCRETE FOUNDATION 4 -- 5, L ~o UNIT B S. 88' Co b \ A \ FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 -0 k (509 W. HOPKINS AVE) 05 - A 4.33' AREA = 3662 SQ.FT.* ~00 27.6 (HELD FOR POSITION) TBM ELEV. = 7921.98' ./ 4 A ¥' 4 2.16· i ~~ ~~ ~--~*f~~4-44«j / r-%:719. 00 2 42 44 \ .2 0.20 1 -1 8004 4 1 la / 0 0) 2 4' St 2-STORY WOOD FRAME HOUSE W/ BASEN.ENT .642. /(3-7-~-27. \ 2 o. 21 - / (9 LOT 2 ' / CITY OF ASPEN ENGINEER'S APPROVAL: 42' #i/ DIMENSIONS SHOWN TO OUTSIDE .../ WiSTTL)Ki-1 1 I «»--f-41\ \ 6.1' FACE CONCRETE FOUNDATION BOOM ANG LOT LI T THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT WAS \ 4 4.33' *2.4 4 6 REVIEWED AND APPROVED BY THE CITY OF ASPEN b k UNIT A ~ SEBACK (PER I 9 \r ENGINEER THIS DAY OF , 2008. .:0 60 .90, th *44 8.29' O 20/ CO (V 4/ - (505 W. HOPKINS AVE) 15' 4)' 10.00' 9 A PAGE 70) 4 .9, jo /4/ O) d O AREA = 4614 SQ.FT.=1 / AGE 70) 6 - Fe- AT p r-LAT BY: · b ~ ~ CITY OF ASPEN ENGINEER 1~~ N. 8.29' le--=1 1 11~ Ltl- 11.-1 ;42223ttz-9 L 1144=..d_ Illi~ ~491.~ ELLL ~.-77:~l I /7-9\-7\-t-j i~f>7340-8£,~ D ~ 'lA N. 10.13, 0/0 2-STORY WOOD FRAME RESIDENCE .92 / / /\ THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT WAS REVIEWED ~ ~ S 75-09'11" E 20,0' ~ 4,1 )24 1 COMMUNITY DEVELOPMENT DIRECTOR APPROVAL: 4 * DIMENSIONS SHOWN TO OUTSIDE -~U--4/ ~ FACE CONCRETE FOUNDATION LITTLE ~XSE/3, P,u,12*~. \ ih \ 24.67' k 30 / C £ d, /1-6 & AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENT DIRECTOR, 4----M 07»442 (PER PLAT BOOK 73 AT PAGE 4~*98 - . 6« 1 9, 2 9 4*ir k.-\ 9 00 CITY OF ASPEN THIS DAY OF , 2008. -* - 11.38' -----*44*J//*4~./P~ 104~~I~ ~ - ~ BY: 00 jo 8 * L. C.E. UNIT C * : ~ -+kE 1 5%?190, 69449 \ VEHICULAR PARKING SPACES 0 0 LOT 1 -FOR LOT 2 DRAINAGE 2 COMMUNITY DEVELOPMENT DIRECTOR »FACE ONLY) - l BOOMERANG LOT SPLIT DRYWELLS BELOW GRADE 2 « ™\Q~*35·440Pi~~~T (PER 79 PLATS 70) 9\ VAL- -7 PITKIN COUNTY CLERK AND RECORDERS CERTIFICATE: 4- /// 446=; 4% 10.00' 20.0, FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 9.13' THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT 93% S 2778' W 0.3' FOUND TO RECORD LOCATION S 75~)9'~ ~3 4 . 1--- VI Cl N I TY M AP (SCALE: 1" = 400') E- B L 9 -4) 4 r IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF FND. 5/8" REBAR W/ NO CAP 83 -5 6 102-- - 00 PITKIN COUNTY, COLORADO AT O'CLOCK - M. THIS DAY N 53-46' W 0.1' FOUND TO RECORD LOCATION ,-0 12.64' SETBACk (REii I~~76./.4 - --71:164 l oF , 2008 IN PLAT 4 LEGEND .,0 11.92' - - --- b BOOK AT PAGE AT RECEPTION NO. 27-_ - 4 16.0' ~179AT PAGE 70) ® - SANITARY SEWER CLEANOUT ir) SE73*3/f -8~~~-3.t 42 1©62- 1 -4- PITKIN COUNTY CLERK AND RECORDER W.V. - WATER VALVE S 75,09'11. EC - EDGE CONCRETE EP - EDGE OF ASPHALT PAVEMENT LOT D NAME TITLE GRD. - GROUND E 60.00'48 08' 15.00' -T & E- - TELEPHONE & ELECTRICAL LINE SURVEYOR'S CERTIFICATE: -G- - GAS UNE -W - WATER LINE I, ROBERT C. HUTTON, DO HEREBY CERTIFY THAT I All A ~ fD S 75'09'174 2 LOT 2, BOOMERANG LOT SPLIT CL - CENTER LINE PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE g -G&W- - GAS & WATER LINE STATE OF COLORADO: THAT THIS "LOT 2, BOOMERANG LOT SPLIT LOT E F PLANNED COMMUNITY PLAT TYP - TYPICAL PLANNED COMMUNITY PLAT" CONSISTING OF ONE SHEET IS * O - REBAR WITH RED CAP MONUMENT TRUE, CORRECT AND COMPLETE AS LAID OUT, PLATTED AS SHOWN BLOCK 32 ~ 2 LOT F A ~ OF THAT CERTAIN LOT 2 AS SHOWN ON THAT PLAT ENTITLED (PER 79 PLATS 70) UNLESS OTHERWISE NOTED HEREON: THAT THIS PLAT WAS MADE BY ME FROM AN ACCURATE "BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION PLAT" AS FILED JUNE 16, 2006 @ REMOTE WATER METER -2 SURVEY OF THE LANDS SHOWN HEREON BY ME OR UNDER MY IN PLAT BOOK 79 AT PAGE 70, PITKIN COUNTY CLERK AND RECORDER'S OFFICE ii DIRECT SUPERVISION IN MAY OF 2008 AND ACCURATELY ASSESSOR'S PARCEL 2735-124-66003 G.C.E, GENERAL COMMON ELEMENTS : AND SUBSTANTIALY DEPICTS THE LOCATION AND ~ L, C,E. LI MI TED COMMON ELEMENT 4 VERTICAL DIMENSIONS OF THE UNITS, BOUNDARY LINES, (505,509,521-523 W. HOPKINS AVENUE) FND STEEL SPIKE OR P-K NAIL SURVEY CONTROL UTILITIES, IMPROVEMENTS, ENCROACHMENTS AND EASEMENTS le- CHAIN LINK FENCE IN EVIDENCE OR KNOWN TO ME: THAT THIS PLAT MEETS CITY OF ASPEN PITKIN COUNTY COLORADO THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTHIN UTILITY NOTES: C.R.S. TITLE 38 ARTICLE 51-105, AS AMENDED AND OF A PLAT AS SCALE: 1" = 10' DATE: JUNE, 2008 SET FORTH IN C.R.S. TITLE 38 ARTICLE 33.3-209. SURVEY PRECISION ~I#=*~~ 1. The utilities existing on the surface and shown on this drawing have GRAPHIC SCALE OF PARCEL BOUNDARY IS GREATER THAN 1:10,000. been located by field survey. All underground utilities shown on this 444 2/eZE -4*3, to 40 drawing are from records of the various utility companies and the surveyor does not assume responsibility for their completeness, indicated location, ROBERT C. HUTTON r i or size. Record utility location should be confirmed.t,ya.*Magili t.hp :itilitv . DATED: . PROFESSIONAL LAND SURVEYOR BY: ROBERT C. HUTTON, PLS #24312 6 r " . (C ' 09 725 CEMETERY LANE ( IN FEET ) 1-'MMe utility service lines ore common---EME,BFU~~U, units. Access to maintain, -- .t.& 1 inch = 10 ft. 1 replace, and repair said utility services across the designated LCE will be necesssary, ilk. #:Ma ASPEN, COLORADO 81611 ~ as pursuant to the purposes stated in the Planned Community Declaration above mentioned. ~ (970) 544-9952 SHEET 1 OF JOB# 179· 0 . 0 . 0 . 0 . 0 0 0 - RECENED i' 1% F -7 2008 -OT 2 BOOVERA\G -OT SPLIT THE UNDERSIGNED, AS MORTGAGEE UNDER THE PROVISIONS OF THE CERTAIN DEED OF TRUST KNOW ALL MEN BY THESE PRESENTS THAT 501 W. HOPKINS, LLC, A COLORADO LIMITED CITY OP ASPEN CONSENT OF MORTGAGE HOLDER: COMMUNITY DEVELOPMENT CERTIFICATE OF DEDICATION AND OWNERSHIP: 3. ALL AREAS NOT LABELED AS A UNIT OR LIMITED LIABILITY COMPANY AS BEING THE RECORD OWNER OF CERTAIN LANDS IN DATED OCTOBER 30, 2007 AND RECORDED IN THE RECORDS OF THE CLERK AND RECORDER COMMON ELEMENTS ARE GENERAL COMMON ELEMENTS. THE CITY OF ASPEN, IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: 4. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON THE "CITY OF ASPEN DATUM" OF THIS PLAT AS HEREON DRAWN AND HEREBY SUBORDINATES THE LIEN OF SAID DEED TOP OF ENCASED 2.5" ALUM. DISC "GPS-7" NEAR THE CENTER OF INTERSECTION OF WEST PLANNED COMMUNITY PLAT OF TRUST TO THE MATTERS SET FORTH ON THIS PLAT. ALL OF LOT 2, AS SAID LOT 2 IS SHOWN ON THAT CERTAIN PLAT ENTITLED OF PITKIN COUNTY AS RECEPTION NO. 543705, HEREBY CONSENTS TO THE RECORDING HOPKINS AVENUE AND SOUTH SIXTH STREET ELEVATION = 7929.88 FEET (PER BUETTNER, PLS "BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION PLAT" AS FILED JUNE 16, 2006 SURVEY DATED NOVEMBER 28, 1999 FILED IN CITY ENGINEERS OFFICE) A PLANNED COMMUNITY OF THAT CERTAIN LOT 2 AS SHOWN ON THAT PLAT ENTITLED "BOOMERANG 5. BASIS OF BEARINGS: THE BEARING S 75'09'11" E BETWEEN FOUND MONUMENTS ON THE LOT SPLIT SUBDIVISION EXEMPTION PLAT" AS FILED JUNE 16, 2006 IN PLAT BOOK 79 AT ALPINE BANK BY: IN PLAT BOOK 79 AT PAGE 70 AS RECEPTION NUMBER 525370 AT THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, STATE OF COLORADO NORTHERLY LINE OF LOT 2 ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST HOPKINS AVENUE PAGE 70, PITKIN COUNTY CLERK AND RECORDER'S OFFICE AS SAID LOT 2 IS SHOWN ON PLAT FILED IN PLAT BOOK 79 AT PAGE 70. PITKIN COUNTY RECORDS WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. PURPOSE STATEMENT: TO CREATE AND CONFIRM A PLANNED COMMUNITY CONSISTING NAME TI TLE HAS BY THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT, SHEET ONE 6. ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC COMMITMENT ORDER NO. PC07002542 OF THREE (3) UNITS WITH COMMON ELEMENTS AND LIMITED COMMON ELEMENTS ON LOT 2.. OF ONE, LAID OUT, ELAILED.--ANC-SIJa@·P¢1060· THE SAME ABOVE DESCRIBED LANDS DATED OCTOBER 31,2007, WAS USED IN PREPARING THIS SURVEY PLAT. ~: NOTARY PUBLIC CERTIFICATE: AS SHOWN HEREON, SUBJECT TO THE PLANNED COMMUNITY DECLARATION FOR LOT 2, BOOMERANG 7. THIS PLAT IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS PLAT STATE OF COLORADO ) LOT SPLIT RECORDED , 2008, AS RECEPTION NO. AND SAID OWNER DOES k. HEREBY PUBLISH THIS PLANNED COMMUNITY PLAT UNDER THE NAME AND STYLE OF "LOT 2, d ) SS IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT BEARS THE ORIGINAL SIGNATURE AND (~ ~ COUNTY OF PITKIN ) BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT". WET STAMP OF ROBERT C. HUTTON P.L.S. 24312. DOCUMENTS PREPARED BY THE SURVEYOR AND WITHOUT A SIGNATURE AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL .~- Z THE FOREGOING CONSENT OF MORTGAGE HOLDER CERTIFICATE WAS INFORMATION SHOWN THEREON IS SUBJECT TO CHANGE. k 501 W. HOPKINS, LLC ACKNOWLEDGED BEFORE ME THIS DAY OF 2008 BY 4 8. MEASUREMENT OF DIMENSIONS AND TOLERANCES: ALL EXTERIOR DIMENSIONS SHOWN AND ELEVATIONS NOTED ARE MEASURED TO THE UNFINISHED EXTERIOR SURFACES OF THE WALLS. LL AS OF ALPINE BANK. B Y: THE LOCATION OF THE PERIMETER WALLS OF EACH UNIT, AS SHOWN HEREON, ARE SUBJECT TO A HORIZONTAL TOLERANCE OF (PLUS OR MINUS) TWO INCHES. 6 WITNESS MY HAND AND OFFICIAL SEAL. IN INTERPRETING DEEDS AND PLANS, THE EXISTING PHYSICAL BOUNDARIES OF THE UNIT OR OF A UNIT .~2) NAME TI TLE RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE BOUNDARIES, RATHER THAN THE METES AND MY COMMISSION EXPIRES: 0 BOUNDS EXPRESSED IN THE DEED OR PLAT WILL CONSTITUTE THE UNIT BOUNDARY LINES TO BE CONVEYED, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR VARIANCE BETWEEN BOUNDARIES SHOWN ON THE PLAT OR IN THE DEED AND THOSE OF THE BUILDING. NOTARY PUBLIC 9. THIS PLANNED COMMUNTITY PLAT ALSO MEETS THE REQUIREMENTS OF A MAP FOR THE PURPOSES OF THE COLORADO COMMON INTEREST OWNERSHIP ACT [CRS 38-33.3-103 (22.5)] 4ATREENE?~&2%cl~&'iNGPLU-1- ISSPI~t- *04IEONTH#xEMN~TTIONOU:InpArT p'di id& '%3& t(fit.CERTAIN FND. 5/8" REBAR W/ RED PLASTIC CAP LS #24303 1*EST ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC.,(ORDER NO. PC07002542) DOES HEREBY CERTIFY STATE OF COLORADO ) TITLE CERTIFICATE: NOTARY PUBLIC CERTIFICATE: (HELD FOR BASIS OF BEARING) TBM ELEV. = 7921.09' 11. THE GROSS AREA OF LOT 2 (BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION PLAT - (PER PLAT BOOK 79 AT PAGE 70 = 12,237 £ SQUARE FEET (0.2809 ACRES) COUNTY OF PITKIN J S 14'51' W 0.2' FOUND TO RECORD LOCATION THAT THE ENITY LISTED AS OWNER ON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE REAL , SS HOPKINS A 12. ALL ANGLES SHOWN HEREON ARE 90' UNLESS NOTED OTHERWISE OR INDICATED OTHERWISE BY BEARING LABEL. TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR OF ALL MONETARY LIENS, TAXES, AND ENCUMBRANCES, THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED (75' * PROPERTY HEREON, THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT 13. ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. "/DE R \ 20. VENUE EXCEPT THE LIEN OF THE DEED OF TRUSTS SHOWN ON THE CONSENT OF MORTGAGEE HOLDER ABOVE 14. THIS PLAT DOES NOT AMEND OR RESTATE THE PLAT ENTITLED "BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION PLAT" ~ 40 - OF 501 W. HOPKINS, LLC. BEFORE ME THIS DAY OF JANUARY, 2008 BY AS THIS DAY OF ________ 2008. FILED IN PLAT BOOK 79 AT PAGE 70, BUT ONLY SHOWS THE PLANNED COMMUNITY OWNERSHIP OF UNITS A, B, AND C 4' 1 45.14' '' ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC WITHIN LOT 2 THEREOF. 1· WITNESS MY HAND AND OFFICIAL SEAL. 10.5, BY: MY COMMISSION EXPIRES: 10.33' LOT lA j ~ b 13.50· 10.6' (BASIS OF -- NAME TI TLE LITTLE AJAX SUB. P,U,D, l 15.2' S 75.- atARINe. NOTARY PUBLIC (PER PLAT BOOK 73 AT PAGE 4~ 6 1 K 2.7, 48.78' 09'11" E~65.00' 10.33' ACCESS EASEMENTS FOR UNITS A, B, AND C PARKING FND. ENCASED 2.5" ALUMINIUM DISC "GPS-7" MONUMENT NEAR THE CENTER OF INTERSECTION OF W. HOPKINS AVE. AND S. 6TH ST. 1 0 9 16.0' ELEVATION = 7929.88' CITY OF ASPEN DATUM 38.42' 55.08' UNIT C k - 0 AREA = 2616 SQ.FT.* b 3.71 01 l - & 2. (521-523 W. HOPKINS AVE) 0; 2 4 - A r - 10.6' n. Ar 0 0 - 4 FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 06 0 9 W N 89'42' E 0.4' FOUND TO RECORD LOCATION 6219>448 ~ 2-STORY WOOD FRAME ADU/CH M k 5.88, 36,14 \L DIMENSIONS SHOWN TO OUTSIDE .4.33, . FACE CONCRETE FOUNDATION UNIT B 7 5.88' A. 32.52. FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 -\ k (509 W. HOPKINS Ay) 1 - 4,33' AREA = 3662 SQ.FT,t 49 27.6' (HELD FOR POSITION) TBM ELEV. = 7921.98' & , l .* 0.2 0.63, 2.16' -4, 0.-1-LU l I 1 1 1.0 'it ---~ ~ 4Lt T-KISIJ--fh=« U--Lj . r. 23.84' 2-STORY WOOD FRAME HOUSE W/ BASEENT LOT 2 'Fig . - CITY OF ASPEN ENGINEER'S APPROVAL: 2 DIMENSIONS SHOWN TO OUTSIDE =-U# i l 1 j IFi~r-~-__ j --------...__1 - . . 9, 4% X 00 0.2' -IJ / m i ' t®Ell i o--rn ~ frff--t-- - -------4461 6.1' AN G LOT S LI T FACE CONCRETE FOUNDATION BOO THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT WAS BEW // ---4---44.- L-U_L_CE / 1 1 1 1 4042 -3 .... .4,33' 1 REVIEWED AND APPROVED BY THE CITY OF ASPEN »b 4 6 6 2 UNIT A ENGINEER THIS ------__ DAY OF , 2008. 7 40 J'-14> El*24 N CILD ~ 5-» - 4 4 00, \ 6.29, 4-49 6 M 9e (505 W. HOPKINS AVE) r·~UIL~_W-HALLAMST K Pe. CD 90 6 AREA = 4614 SQ.FT.* BY: 6 3 * Ui 00 lo ' I <14%~ ,S~ ~ ~ ~ CITY OF ASPEN ENGINEER A. I *3-22~Tifft-7-flwamud-&,irl-~-------4£44df A) k y & 4 N 10.13 S 7509'11 ri 4.67' k S 75 09'11" 10.00' E 60.00' 15.00' N 8.29' 0 * (O 4 * 4 0 & \ 112494 1 , ¥ O * 20 COMMUNITY DEVELOPMENT DIRECTOR APPROVAL: b 2-STORY WOOD FRAME RESIDENCE j 1 -n 7 ---- --·--- wl ~~-L-1 1 11EI-Lj / / 1 T-1-7-r=f=:*._-ir.~:= 182 THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT WAS REVIEWED LOT IA 4.49 DIMENSIONS SHOWN TO OUTSIDE ¥ 40 6& AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENT DIRECTOR, LITTLE AJAX SUB, P,U D \G '4 - - FACE CONCRETE FOUNDATION 2 (PER PLAT BOOK 73 AT PAGE E 20.0' 0-0 CITY OF ASPEN THIS ___---_- DAY OF , 2008. 9, 6 0 00.10 - 111 38' qi i~) 0 - i - ~~~---~20EKINSAVIL~~~ i later---- .80, VEHICULAR PARKING SPACES 0 0 LOT 1 L. C.E. UNIT C BY: (SURFACE ONLY) COMMUNITY DEVELOPMENT DIRECTOR BOOMERANG LOT SPLIT 4 FOR LOT 2 DRAINAGE - (PER 79 PLATS 70) -- 20.0, UL PITKIN COUNTY CLERK AND RECORDERS CERTIFICATE: FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 6 10' 2 913' THIS LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT S 2718' W 0.3' FOUND TO RECORD LOCATION S a~21. E bi~ 6·40' -* - is ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF VI Cl N I TY M AP (SCALE: 1" = 400') 3 5 6 FND. 5/8" REBAR W/ NO CAP 2 2 9 PITKIN COUNTY, COLORADO AT O'CLOCK M. THIS DAY * 0 14.16, BOOK AT PAGE N 53'46' W 0.1' FOUND TO RECORD LOCATION 12.64' 9-96' o OF , 2008 IN PLAT LEGEND .6 11.92' S AT RECEPTION NO. ® CO 16.0, - SANITARY SEWER CLEANOUT PITKIN COUNTY CLERK AND RECORDER w.v. - WATER VALVE , 48 08, EC - EDGE CONCRETE - ' EP - EDGE OF ASPHALT PAVEMENT p LOT D NAME TI TLE GRD. - GROUND -T & E- - TELEPHONE & ELECTRICAL LINE SURVEYOR'S CERTIFICATE: -G- - GAS LINE . 42 04'S 75~09'11. LOT 2, BOOMERANG LOT SPLIT -W- - WATER LINE 1, ROBERT C. HUTTON, DO HEREBY CERTIFY THAT I AM A Q E CL - CENTER LINE PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE ~ -G&W- - GAS & WATER LINE STATE OF COLORADO: THAT THIS "LOT 2, BOOMERANG LOT SPLIT LOT E 10 0 TYP - TYPICAL PLANNED COMMUNITY PLAT" CONSISTING OF ONE SHEET IS ~ ~ .... PLANNED COMMUNITY PLAT O - REBAR WITH RED CAP MONUMENT TRUE, CORRECT AND COMPLETE AS LAID OUT, PLATTED AS SHOWN BLOCK 32 ~ 2 LOT F A CREATION OF A PLANNED COMMUNITY OF THAT CERTAIN LOT 2 AS SHOWN ON THAT PLAT (PER 79 PLATS 70) UNLESS OTHERWISE NOTED HEREON: THAT THIS PLAT WAS MADE BY ME FROM AN ACCURATE ENTITLED "BOOMERANG LOT SPLIT SUBDIVISION EXEMPTON PLAT" AS FILED JUNE 16, 2006 @ REMOTE WATER METER ~53 SURVEY OF THE LANDS SHOWN HEREON BY ME OR UNDER MY IN PLAT BOOK 79 AT PAGE 70, PITKIN COUNTY CLERK AND RECORDER'S OFFICE G.C.E. GENERAL COMMON ELEMENTS ~i DIRECT SUPERVISION IN MAY OF 2008 AND ACCURATELY ASSESSOR'S PARCEL 2735-124-66003 u AND SUBSTANTIALY DEPICTS THE LOCATION AND L. C. E, ' LIMITED COMMON ELEMENT VERTICAL DIMENSIONS OF THE UNITS, BOUNDARY LINES, (505,509,521-523 W. HOPKINS AVENUE) FND STEEL SPI KE OR P-K NAI L SURVEY CONTROL UTILITIES, IMPROVEMENTS, ENCROACHMENTS AND EASEMENTS CHAIN LINK FENCE IN EVIDENCE OR KNOWN TO ME: THAT THIS PLAT MEETS CITY OF ASPEN PITKIN COUNTY COLORADO UTILITY NOTES: ..r ........... THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN ,=%24. C.R.S. TITLE 38 ARTICLE 51-105, AS AMENDED AND OF A PLAT AS SCALE: 1" = 10' DATE: JULY, 2008 1. The utilities existing on the surface and shown on this drawing have SET FORTH IN C.R.S. TITLE 38 ARTICLE 33.3-209. SURVEY P.@ECISION 0%P c*fA OF PARCEL BOUNDARY IS GREATER THAN 1:10,000. GRAPHIC SCALE been located by field survey. All underground utilities shown on this 0*~ O 5 10 20 40 drawing are from records of the various utility companies and the surveyor does not assume responsibility for their completeness, indicated location, DATED -11/4~ BY ~ (14* ~~ 24312 01 _ ~ ROBERT C. HUTTON :Jtz or size. Record utility location should be confirmed by exposing the utility. DiAr ~s' PROFESSIONAL LAND SURVEYOR ( IN FEET ) 2. The utility service lines are common and serve all units, Access to maintain, i-I ~OBERT C. HUTTON, PLS #24312 725 CEMETERY LANE 1 inch = 10 ft replace, and repair said utility services across the designated LCE will be necesssary, ASPEN, COLORADO 81611 as pursuant to the purposes stated in the Planned Community Declaration above mentioned. (970) 544-9952 SHEET 1 OF 1 JOB# 179-07 a . '948 ED.U*THST.. ..... RECEIVED CONDOVI \ UVI MAP OF 521-523 W. HOPKINS CITY OF ASPEN KNOW ALL- MEN BY THESE PRESENTS THAT 501 W. HOPKINS, LLC, A COLORADO LIMITED LIABILITY lili 07 2008 CERTIFICATE OF DEDICATION AND OWNERSHIP: SURVEYORS NOTES: THE CITY OF ASPEN, IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: 1. LCE DENOTES "LIMITED COMMON ELEMENT". 2. GCE DENOTES "GENERAL COMMON ELEMENT". AFFORDABLE HOUSING CONDOMINIUMS COMMUNITY DEVELOPMENI COMPANY AS TO UNITS 1 AND 2, UNIT C BEING THE RECORD OWNER OF CERTAIN LANDS IN ALL OF UNIT C, AS SAID UNIT C IS SHOWN ON THAT, CERTAIN PLAT ENTITLED 3. ALL AREAS NOT LABELED AS A UNIT OR LIMITED BEING A CONDOMINIUM COMMON INTEREST COMMUNITY "LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED _ _____ __, 2008 COMMON ELEMENTS ARE GENERAL COMMON ELEMENTS. IN PLAT BOOK _-- AT PAGE ___ AS RECEPTION NUMBER AT THE OF UNIT C AS SHOWN ON THAT CERTAIN PLAT ENTTLED "LOT 2, CONSENT OF MORTGAGE HOLDER: OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, STATE OF COLORADO 4. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON THE "CITY OF ASPEN DATUM" BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED IN PLAT THE UNDERSIGNED, AS MORTGAGEE UNDER THE PROVISIONS OF THE CERTAIN DEED OF TRUST TOP OF ENCASED 2.5" ALUM. DISC "GPS-7" NEAR THE CENTER OF INTERSECTION OF WEST HOPKINS AVENUE AND SOUTH SIXTH STREET ELEVATION = 7929.88 FEET (PER BUETTNER, PLS BOOK _ AT PAGE ---, PITKIN COUNTY CLERK AND RECORDER'S OFFICE DATED OCTOBER 30, 2007 AND RECORDED IN THE RECORDS OF THE CLERK AND RECORDER HAS BY THIS CONDOMINIUM MAP OF 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS, SURVEY DATED NOVEMBER 28, 1999 FILED IN CITY ENGINEERS OFFICE) SHEETS ONE TO TWO, LAID OUT, PLATTED, AND SUBDIVIDED THE SAME ABOVE PURPOSE STATEMENT: To CREATE A CONDOMINIUM OF TWO UNITS OF PITKIN COUNTY AS RECEPTION NO, 543705, HEREBY CONSENTS TO THE RECORDING 5. BASIS OF BEARINGS: THE BEARING S 75=09'11" E BETWEEN FOUND MONUMENTS ON THE DESCRIBED LANDS INTO UNITS 1 AND 2 OF UNIT C AS SHOWN HEREON, SUBJECT TO OF THIS MAP AS HEREON DRAWN AND HEREBY SUBORDINATES THE LIEN OF SAID DEED THE CONDOMINIUM DECLARATION FOR 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS NORTHERLY LINE OF LOT 2 ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST HOPKINS AVENUE AS SAID LOT 2 IS SHOWN ON PLAT FILED IN PLAT BOOK 79 AT PAGE 70, PITKIN COUNTY RECORDS OF TRUST TO THE MATTER SET FORTH ON THIS MAP. RECORDED , 2008, AS RECEPTION NO. -_----__ AND SAID OWNER DOES WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. HEREBY PUBLISH THIS CONDOMINIUM MAP UNDER THE NAME AND STYLE OF "CONDOMINIUM MAP OF 6. ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC COMMITMENT ORDER NO. PC07002542 ALPINE BANK BY: 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS" DATED OCTOBER 31, 2007, WAS USED IN PREPARING THIS SURVEY PLAT. 7. THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS MAP 501 W. HOPKINS, LLC S 7909'11 " IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT BEARS THE ORIGINAL SIGNATURE AND Al NAME TITLE WET STAMP OF ROBERT C. HUTTON P.L. S. 24312. DOCUMENTS PREPARED BY THE SURVEYOR CO NOTARY PUBLIC CERTIFICATE: BY: 55.08' AND WITHOUT A SIGNATURE AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION SHOWN THEREON IS SUBJECT TO CHANGE. ·13 STATE OF COLORADO ) 4 ) ss NAME TI TLE 8. MEASUREMENT OF DIMENSIONS AND TOLERANCES: ALL INTERIOR DIMENSIONS SHOWN AND 4- COUNTY OF PITKIN ) ELEVATIONS NOTED ARE MEASURED TO THE UNFINISHED INTERIOR SURFACES OF THE WALLS, FLOORS. < AND CEILINGS. FLOOR AND CEILING ELEVATIONS SHOWN HEREON ARE SUBJECT TO A VERTICAL THE FOREGOING CONSENT OF MORTGAGE HOLDER CERTIFICATE WAS TOLERANCE OF (PLUS OR MINUS) ONE INCH. THE LOCATION OF THE PERIMETER WALLS OF EACH UNIT, .12 ACKNOWLEDGED BEFORE ME THIS DAY OF 2008 BY AS SHOWN HEREON, ARE SUBJECT TO A HORIZONTAL TOLERANCE OF (PLUS OR MINUS) TWO INCHES. k IN INTERPRETING DEEDS AND PLANS, THE EXISTING PHYSICAL BOUNDARIES OF THE UNIT OR OF A UNIT (j AS OF ALPINE BANK. RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE BOUNDARIES, RATHER THAN THE METES AND O BOUNDS EXPRESSED IN THE DEED OR MAP WILL CONSTITUTE THE UNIT BOUNDARY LINES TO BE CONVEYED, ~ WITNESS MY HAND AND OFFICIAL SEAL. ' NOTARY PUBLIC CERTIFICATE: REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR VARIANCE BETWEEN BOUNDARIES SHOWN ON THE MAP OR IN THE DEED AND THOSE OF THE BUILDING. STATE OF COLORADO ) COLORADO COMMON INTEREST OWNERSHIP ACT [CRS 38-33.3-103 (22.5)] (HELD FOR BASIS OF BEARING) T8M ELEV. = 7921.09' 10. THE POURPOS|EN|OF T~ MAPOI~TEDDE]NEATEI~~ coNDE-N~M 'LITBOUND/PR~ES\,0THINUNIT C AS NOTED ON THAT FND. 5/8" REBAR W/ RED PLASTIC CAP LS #24303 M/EST HOPKINS MY COMMISSION EXPIRES: ) SS ' COUNTY OF PITKIN ) S 14-51' W 0.2' FOUND TO RECORD LOCATION THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED CERTAIN PLAT ENTITLED "LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" FILED IN PLAT BOOK __ AT PAGE NOTARY PUBLIC SAID UNITS BEING DULY APPROVED BY CITY OF ASPEN PLANNING AND ZONING COMMISSION RESOLUTION NUMBER BEFORE ME THIS DAY OF JANUARY, 2008 BY __-_.________ AS 3-2006 AND THE BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION AGREEMENT RECORDED AS RECEPTION #525369. OF 501 W. HOPKINS, LLC. (BASIS OF BEARINGS) TITLE CERTIFICATE: 11. UNITS A AND B ARE SHOWN HEREON BECAUSE PARKING FOR THE CONDOMINIUM UNITS WITHIN UNIT C LIE BETWEEN E *DE- R \ *7 ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC.,(ORDER NO. PC07002542) DOES HEREBY CERTIFY UNITS A AND B, AND THE SAME ARE ACCESSED BY A G. C.E. BETWEEN UNITS A AND B. 1 4, 4. ~ 45.14' 12. THAT THE ENTITY LISTED AS OWNER ON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE REAL WITNESS MY HAND AND OFFICIAL SEAL. PROPERTY HEREON, THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS MAP AND AT PAGE ___) = 2,616 £ SQUARE FEET. THAT TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR OF ALL MONETARY LIENS, TAXES, AND MY COMMISSION EXPIRES: 14. 12 ~EN'm~ CFEELTOTAN~ 22. SPLIT PLANNED COMMUNITY PLAT - PER PLAT BOOK --- G CE MORTGAGEE HOLDER ABOVE THIS DAY OF _ , 2008. 10.6' 13. ALL ANGLES SHOWN HEREON ARE 90' UNLESS NOTED OTHERWISE OR INDICATED OTHERWISE BY BEARING LABEL. ENCUMBRANCES, EXCEPT THE LIEN OF THE DEED OF TRUSTS SHOWN ON THE CONSENT OF 11 15. THIS MAP DOES NOT AMEND OR RESTATE THE PLAT ENTITLED "BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION PLAT" 10.6' ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC NOTARY PUBLIC , FILED IN PLAT BOOK 79 AT PAGE 70, BUT ONLY SHOWS THE CONDOMINIUM COMMON INTEREST COMMUNITY OWNERSHIP OF l ~ 15,2 2 13.50' UNIT C WITHIN LOT 2 THEREOF. LOT lA 48.78' LITTLE AJAX SUB, P.U.D, » b I 10.33' 2 7' 165.00' <PER PLAT BOOK 73 AT PAGE 4) 0 N ~ NAME TI TLE FND. ENCASED 2.5" ALUMINIUM DISC "GPS-7" MONUMENT NEAR THE , 3 % 41 ACCESS EASEMENT FOR UNITS A, B, AND C PARKING CENTER OF INTERSECTION OF W, HOPKINS AVE. AND S. 6TH ST. O 16.0' (AS PER PLAT BOOK _-- AT PAGE __) ELEVATION = 7929.88' CITY OF ASPEN DATUM 38.42' SHEET INDEX: Mi h UNIT C 4J SHEET ONE = CONDOMINIUM MAP WITH CERTIFICATIONS AND APPROVALS PA -- SHEET TWO = INDIVIDUAL UNIT "AIR SPACE" DIMENSIONS AND ELEVA-NONS (521-523 HOPKINS AVE) O -r b 4 AREA = 2616 SQ.FT.:1: 3 71 0 7 4, 10.6, yLl: r 3™ 39. & 4 5 . F. FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 b & 5 (69 2 ~0 N 89'42' E 0.4' FOUND TO RECORD LOCATION %*>94 2-STORY WOOD FRAME ADU/CH 5 0 ;,0 5.88' * 49"V FACE CONCRETE FOUNDATION 4 5.88· 2 2 ~32,62, DIMENSIONS SHOWN TO OUTSIDE 4.33' CO A. UNIT B FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 (509 W. HOPKINS AVE) r 4.33' (HELD FOR POSITION) TBM ELEV. = 7921.98' ~ AREA = 3662 SQ.FT.zE ~4 27.6' 5 i I ~U--1.Ll , 0.2' 0.63' 2.16' 1/~28-9 -19-0~~--;£~*- ~ 4 94\ 0 e 29 42 40 2-STORY WOOD FRAME HOUSE W/ BASEMENT 2384' ¥ 4 0 CITY OF ASPEN ENGINEER'S APPROVAL: 4.-,22»i, (44977<7- 4 - DIMENSIONS SHOWN TO OUTSIDE LOT 2 THIS CONDOMINIUM MAP OF 521-523 W HOPKINS AFFORDABLE HOUSING CONDOMINIUMS 0 0.2' - WAS REVIEWED AND APPROVED BY THE CITY OF ASPEN G.CE 6.1' FACE CONCRETE FOUNDATION B O ERANG LOT S LI , ~p-~40 j· ~T~--h.. 4.33' ENGINEER THIS DAY OF , 2008. 2 1 r-·A LL /./7 t 4 6 6 UNIT A (505 W. HOPKINS AVE) BY: $ b--1-- #; r= 4 4---£7 0'/ --- 8.29' 2 2 2 4 Ld- UO \2 + 0-920 98 AREA = 4614 SQ.FT.zE CITY OF ASPEN ENGINEER 8 29, (O 0 4/ O 8 & r h & COMMUNITY DEVELOPMENT DIRECTOR APPROVAL: * cd 10.13' 9995>j jrl) 2-STORY WOOD FRAME RESIDENCE ." Co THIS CONDOMINIUM MAP OF 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS 14, R 0) - LOT lA 6 DIMENSIONS SHOWN TO OUTSIDE 2 0 - (PER PLAT BOOK 73 AT PAGE 4~~2 *j -- * 00 , 372 & WAS REVIEWED AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENIT LITTLE AJAX SUB, P.U.D FACE CONCRETE FOUNDATION 2 6 0 DIRECTOR, CITY OF ASPEN THIS DAY OF , 2008. 9.* n4.67 j UNIT 1 LCE / 20.0,- - 2 '.0/ ---1---LI-----~*~~ J 6 / UNIT 2 LCE - u 11.38' BY: & 2 U-h/41.-1 t.»F 10- L.C.E. UNIT C 0 COMMUNITY DEVELOPMENT DIRECTOR 48.08' VEHICULAR PAAKING SPACES .VO' LOT 1 DRYWELLS BELOW GRADE 2 (SURFACE'ONLY) - BOOMERANG LOT SPLIT ~ FOR LOT #DRAINAGE 2 (PER 79 PLATS 70) PITKIN COUNTY CLERK AND RECORDER'S CERTIFICATE: THIS CONDOMINIUM MAP OF 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS VI Cl N I TY M AP (SCALE: 1" = 400') FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 * 10.4 IS ACCEPTED FOR FILING IN THE OFF\CE OF THE CLERK AND RECORDER OF S 27'18' W 0.3' FOUND TO RECORD LOCATION k 9.13' PITKIN COUNTY, COLORADO AT O'CLOCK M. THIS DAY s 75~09~1:0~ ~ ~ ' b OF , 2008 IN PLAT 0 14.16' LEGEND FND. 5/8" REBAR W/ NO CAP 2 & N o v BOOK AT PAGE AT RECEPTION NO. N 5346' W 0.1' FOUND TO RECORD LOCATION 4 - 10) 12.64' 9.96' 2 - SANITARY SEWER CLEANOUT 60.00' 0 11.92' c~ PITKIN COUNTY CLERK AND RECORDER W.V. - WATER VALVE 16.0' EC - EDGE CONCRETE NAME TI TLE EP - EDGE OF ASPHALT PAVEMENT . S 7St)9 071 ~ E GRD. - GROUND -T & E- - TELEPHONE & ELECTRICAL LINE SURVEYOR'S CERTIFICATE: LOT D CONDOMINIUM MAP OF -G - GAS LINE b 1400, -W- - WATER LINE 1, ROBERT C. HUTTON, DO HEREBY CERTIFY THAT IAMA HOUSING COIN DOMINIUMS CL - CENTER LINE PROFESSIONAL LAND SURVEYOR LICENSED UNDER 1-1-E LAWS OF THE ,~C s 75'09'11" E 521-523 W. HOPKINS AFFORDABLE -G&W- - GAS & WATER LINE STATE OF COLORADO: THAT THIS "CONDOMINIUM MAP OF 521-523 ~ TYP - TYPICAL W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS" CONSISTING OF TWO 10 O - REBAR WITH RED CAP MONUMENT SHEETS, IS TRUE, CORRECT AND COMPLETE AS LAID OUT, PLATTED AS SHOWN LOT E 3 BEING A CONDOMINIUM COMMON INTEREST COMMUNITY (PER 79 PLATS 70) UNLESS OTHERWISE NOTED SHOWN HEREON: THAT THIS MAP WAS MADE BY ME FROM AN ACCURATE ~ BLOCK 32 ~2 LOT F OF UNIT C AS SHOWN ON THAT CERTAIN PLAT ENTITLED "LOT 2, @ REMOTE WATER METER ~ SURVEY OF THE LANDS SHOWN HEREON BY ME OR UNDER MY BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED IN PLAT G.C.E. GENERAL COMMON ELEMENTS DIRECT SUPERVISION IN MAY OF 2008 AND ACCURATELY AND SUBSTANTIALY DEPICTS THE LOCATION AND HORIZONTAL AND BOOK __ AT PAGE ---. PITKIN COUNTY CLERK AND RECORDER'S OFFICE L. C, E, LIMITED COMMON ELEMENT VERTICAL DIMENSIONS OF THE UNITS, BOUNDARY LINES, (521-523 W. HOPKINS AVENUE) FND STEEL SPI KE OR P-K NAI L SURVEY CONTROL M UTILITIES, IMPROVEMENTS, ENCROACHMENTS AND EASEMENTS CHAIN LINK FENCE IN EVIDENCE OR KNOWN TO ME: THAT THIS MAP NEETS COLORADO CITY OF ASPEN PITKIN COUNTY UTILITY NOTES: THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. TITLE 38 ARTICLE 51-105, AS AMENDED AND OF A PLAT AS 1. The utilities existing on the surface and shown on this drawing have SET FORTH IN C.R.S. TITLE 38 ARTICLE 33.3-209. SURVEY PRECISION -//IHI~b- SCALE: 1" = 10' DATE: JULY, 2008 GRAPHIC SCALE been located by field survey. All underground utilities shown on this ' OF PARCEL BOUNDARY IS GREATER THAN 1:10,000. /Et5.2* 10 0 5 10 20 40 drawing are from records of the various utility companies and the surveyor - i does not assume responsibility for their completeness, indicated location, ROBERT C. HUTTON ~ or size. Record utility location should be confirmed by exposing the utility. DATED: 7/03/08 BY ( IN FEET ) 2. The utility service lines are common and serve both units. Access to maintain, 1 ROBERT C. HUTT N, PLS #24312 E f 24312 1 x~ PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE 1 inch = 10 ft. replace. and repair said utility services across the designated LCE will be necesssary, al /2, ASPEN, COLORADO 81611 as pursuant to the purposes stated in the Condominium Declaration above mentioned. (970) 544-9952 SHEET ONE OF TWO JOB# 179-07 0 0 56 .. 0. .. .. CO\DOVIINIUM MAP OF 52 -523 HOPKINS COMPANY AS TO UNITS 1 AND 2, UNIT C BEING THE RECORD OWNER OF CERTAIN LANDS IN / CERTIFICATE OF DEDICATION AND OWNERSHIP: V¥* , KNOW ALL MEN BY THESE PRESENTS THAT 501 W. HOPKINS, LLC, A COLORADO LIMITED LIABILITY SURVEYORS NOTES: THE CITY OF ASPEN, IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: 1. LCE DENOTES "LIMITED COMMON ELEMENT". AFFORDABLE HOUSING CONDOMINIUMS ALL OF UNIT C, AS SAID UNIT C IS SHOWN ON THAT CERTAIN PLAT ENTITLED 2. GCE DENOTES "GENERAL COMMON ELEMENT". "LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED ______ __, 2008 3. ALL AREAS NOT LABELED AS A UNIT OR LIMITED BEING A CONDOMINIUM COMMON INTEREST COMMUNITY IN PLAT BOOK --- AT PAGE __- AS RECEPTION NUMBER _______ AT THE COMMON ELEMENTS ARE GENERAL COMMON ELEMENTS. OF UNIT C AS SHOWN ON THAT CERTAIN PLAT ENTTLED "LOT 2, CONSENT OF MORTGAGE HOLDER: OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE, STATE OF COLORADO 4. BENCHMARK: ELEVATIONS SHOWN HEREON ARE BASED ON THE "CITY OF ASPEN DATUM" 1 BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED IN PLAT THE UNDERSIGNED, AS MORTGAGEE UNDER THE PROVISIONS OF THE CERTAIN DEED OF TRUST TOP OF ENCASED 2.5" ALUM. DISC "GPS-7" NEAR THE CENTER OF INTERSECTION OF WEST HOPKINS AVENUE AND SOUTH SIXTH STREET ELEVATION = 7929.88 FEET (PER BUETTNER, PLS BOOK __ AT PAGE -, PITKIN COUNTY CLERK AND RECORDER'S OFFICE DATED OCTOBER 30, 2007 AND RECORDED IN THE RECORDS OF THE CLERK AND RECORDER HAS BY THIS CONDOMINIUM MAP OF 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS, SURVEY DATED NOVEMBER 28, 1999 FILED IN CITY ENGINEERS OFFICE) OF PITKIN COUNTY AS RECEPTION NO. 543705, HEREBY CONSENTS TO THE RECORDING SHEETS ONE TO TWO, LAID OUT, PLATTED, AND SUBDIVIDED THE SAME ABOVE PURPOSE STATEMENT: To CREATE A CONDOMINIUM OF TWO UNITS, PURSUANT TO WHICH A DESCRIBED LANDS INTO UNITS 1 AND 2 OF UNIT C AS SHOWN HEREON, SUBJECT TO 5. BASIS OF BEARINGS: THE BEARING S 75'09'11" E BETWEEN FOUND MONUMENTS ON THE OF THIS MAP AS HEREON DRAWN AND HEREBY SUBORDINATES THE LIEN OF SAID DEED THE CONDOMINIUM DECLARATION FOR 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS PORTION OF THE REAL ESTATE WILL BE DESIGNATED FOR SEPARATE DEED RESTRICTED OWNERSHIP AND NORTHERLY LINE OF LOT 2 ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WEST HOPKINS AVENUE OF TRUST TO THE MATTER SET FORTH ON THIS MAP. AS SAID LOT 2 IS SHOWN ON PLAT FILED IN PLAT BOOK 79 AT PAGE 70, PITKIN COUNTY RECORDS USE OF A RESIDENTIAL NATURE WITH THE RIGHT FOR HOME OCCUPATIONS (AS LIMITED THEREBY). RECORDED _---_--_-, 2008, AS RECEPTION NO. _________ AND SAID OWNER DOES WAS TAKEN AS THE BASIS OF BEARINGS SHOWN HEREON. HEREBY PUBLISH THIS CONDOMINIUM MAP UNDER THE NAME AND STYLE OF "CONDOMINIUM MAP OF ALPINE BANK BY: 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS". 6. ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC COMMITMENT ORDER NO. PC07002542 DATED OCTOBER 31, 2007, WAS USED IN PREPARING THIS SURVEY PLAT. 501 W. HOPKINS, LLC 7. THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION OR USE OF THIS MAP . NAME TI TLE IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT BEARS THE ORIGINAL SIGNATURE AND r.- WET STAMP OF ROBERT C. HUTTON P.L.S. 24312. DOCUMENTS PREPARED BY THE SURVEYOR RECEIVED NOTARY PUBLIC CERTIFICATE: BY: AND WITHOUT A SIGNATURE AND WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL STATE OF COLORADO ) INFORMATION SHOWN THEREON IS SUBJECT TO CHANGE. 12 JUN 19 2008 ) ss NAME TI TLE k 8. MEASUREMENT OF DIMENSIONS AND TOLERANCES: ALL INTERIOR DIMENSIONS SHOWN AND 4 CITY OF ASPEN COUNTY OF PITKIN ) ELEVATIONS NOTED ARE MEASURED TO THE UNFINISHED INTERIOR SURFACES OF THE WALLS, FLOORS. 4 COMMUNITY DEVELOPMENT THE FOREGOING CONSENT OF MORTGAGE HOLDER CERTIFICATE WAS AND CEILINGS. FLOOR AND CEILING ELEVATIONS SHOWN HEREON ARE SUBJECT TO A VERTICAL TOLERANCE OF (PLUS OR MINUS) ONE INCH. THE LOCATION OF THE PERIMETER WALLS OF EACH UNIT, 3( ACKNOWLEDGED BEFORE ME THIS DAY OF 2008 BY AS SHOWN HEREON, ARE SUBJECT TO A HORIZONTAL TOLERANCE OF (PLUS OR MINUS) TWO INCHES. k IN INTERPRETING DEEDS AND PLANS, THE EXISTING PHYSICAL BOUNDARIES OF THE UNIT OR OF A UNIT j AS OF ALPINE BANK. RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE BOUNDARIES, RATHER THAN THE METES AND O BOUNDS EXPRESSED IN THE DEED OR MAP WILL CONSTITUTE THE UNIT BOUNDARY LINES TO BE CONVEYED, WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC CERTIFICATE: REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR VARIANCE BETWEEN BOUNDARIES SHOWN ON THE MAP OR IN THE DEED AND THOSE OF THE BUILDING. STATE OF COLORADO ) FND. 5/8" REBAR W/ RED PLASTIC CAP LS #24303 1*EST HOPKINS A 9. THIS CONDOMINIUM MAP ALSO MEETS THE REQUIREMENTS OF A MAP FOR THE PURPOSES OF THE . COUNTY OF PITKIN MY COMMISSION EXPIRES: ) SS COLORADO COMMON INTEREST OWNERSHIP ACT [CRS 38-33.3-103 (22.5)] (HELD FOR BASIS OF BEARING) TBM ELEV. = 7921.09' S 14'51' W 0.2' FOUND TO RECORD LOCATION THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED 10. THE PURPOSE OF THIS MAP IS TO DELINEATE THE CONDOMINIUM UNIT BOUNDARIES WITHIN UNIT C AS NOTED ON THAT CERTAIN PLAT ENTITLED "LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" FILED IN PLAT BOOK _ AT PAGE _--. (BASIS OF SAID UNITS BEING DULY APPROVED BY CITY OF ASPEN PLANNING AND ZONJNG COMMISSION RESOLUTION NUMBER (75' W NOTARY PUBLIC BEFORE ME THIS DAY OF JANUARY, 2008 BY _ __-________ AS 3-2006 AND THE BOOMERANG LOT SPLIT SUBDIVISION EXEMPTION AGREEMENT RECORDED AS RECEPTION #525369. S 75.09475/Nes) OF 501 W. HOPKINS, LLC. ''/DE R\49 1 VENUE- TITLE CERTIFICATE: 11. UNITS A AND B ARE SHOWN HEREON BECAUSE PARKING FOR THE CONDOMINIUM UNITS WITHIN UNIT C LIE BETWEEN E ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC.,(ORDER NO. PC07002542) DOES HEREBY CERTIFY UNITS A AND B, AND THE SAME ARE ACCESSED BY A G.C.E. BETWEEN UNITS A AND B. ~ 4' 4' ~ 45.14' THAT TITLE TO SUCH LANDS IS VESTED FREE AND CLEAR OF ALL MONETARY LIENS, TAXES, AND MY COMMISSION EXPIRES: THAT THE ENTITY LISTED AS OWNER ON THIS PLAT DOES HOLD FEE SIMPLE TITLE TO THE REAL WITNESS MY HAND AND OFFICIAL SEAL. 12. THE GROSS AREA OF UNIT C (LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT - PER PLAT BOOK _--- PROPERTY HEREON, THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS MAP AND AT PAGE ___) = 2,616 i SQUARE FEET. 10.6' 13. ALL ANGLES SHOWN HEREON ARE 90' UNLESS NOTED OTHERWISE OR INDICATED OTHERWISE BY BEARING LABEL. 15, ENCUMBRANCES, EXCEPT THE LIEN OF THE DEED OF TRUSTS SHOWN ON THE CONSENT OF MORTGAGEE HOLDER ABOVE THIS - DAY OF , 2008. 14. ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. 10.33' 10.6' LOT lA NOTARY PUBLIC ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC SHEET INDEX: LITTLE AJAX SUB. Pil.D, l 15.2' 13.50' - 55.08' BOOK 79 10' 48.78' SHEET ONE = CONDOMINIUM MAP WITH CERTIFICATIONS AND APPROVALS (PER PLAT BOOK 73 AT PAGE 44 6 A. 2 7 BY: 165.00' SHEET TWO = INDIVIDUAL UNIT "AIR SPACE" DIMENSIONS AND ELEVATIONS 10.33' SETBACK (PER PLAT BOOK 79 AT PAGE 70) 16.0' -\- NAME TI TLE FND. ENCASED 2.5" ALUMINIUM DISC "GPS-7" MONUMENT NEAR THE 3 * --- ACCESS EASEMENT FOR UNITS A, B, AND C PARKING CENTER OF INTERSECTION OF W. HOPKINS AVE. AND S. 6TH ST. --- (AS PER PLAT BOOK ___ AT PAGE ___) ELEVATION = 7929.88' CITY OF ASPEN DATUM - u ~0 / ~ ~ UNIT C 38.42' .-/ & e (521-523 W, HOPKINS AVE) . b W . AREA = 2616 SQ.FT.t 0 3 71 0 - 1 3{v 0 1- b 4 0 2 · 6- FND. 5/8" REBAR W/ RED PLASTIC CAP LS #25947 m cti € Co 5.88' (9 F N 89'42' E 0.4' FOUND TO RECORD LOCATION 624&.44% 0 2-STORY WOOD FRAME ADU/CH 4 CD 4 3 0 DIMENSIONS SHOWN TO OUTSIDE 4.33' 49« 2 s, ~ b FACE CONCRETE FOUNDATION 2 UNIT B 5 88' FND. 5/8" REBAR W/ RED PLASTIC CAP LS :25947 N~ * (509 W. HOPKINS AVE) . 32,62~ - - Q) 6 . 4.33 1 AREA = 3662 SQ.FT.=t .§? 27.6 , (HELD FOR POSITION) TBM ELEV. = 7921.98' <* ~ < 0 63' i.464 // 1- * 0.2 2 :19%94· 4--44 %14*XN a. ~ bo % CITY OF ASPEN ENGINEER'S APPROVAL: b \\ 29,42 ' SETBACK (PER PLAT EEK WIT PAGE 70) 4, 2-STORY WOOD FRAME HOUSE W/ BASEMENT . 0 0.2, C DIMENSIONS SHOWN TO OUTSIDE LOT 2 THIS CONDOMINUM MAP OF 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS 4 G.C.E /0/ (24? /0 . \ FACE CONCRETE FOUNDATION B O ERANG LOT S LI WAS REVIEWED AND APPROVED BY THE CITY OF ASPEN 5.1' 4 ENGINEER THIS _--___-- DAY OF , 2008. 4.33' 11.92 60.00' w S 75 09'11 171*-u »~- 4% 8.29, £0 2 2 UNIT A -44zi >46 972/«--2··4/i O <0 41 N k (505 W. HOPKINS AVE) ~SETBACK (PER %4 T 15' BY: 10 O * We *V ' 0 6. AREA = 4614 SQ,FT,* CITY OF ASPEN ENGINEER 04.09. \ @°44 f . l AT PAGE 70) 74X w 8.29. Ld uf . 24 0 £ 1 -- CD Ch 4 2 2 COMMUNITY DEVELOPMENT DIRECTOR APPROVAL: 41 N 10.13' 14 2 1 \ 424*4 4., 2 2 CD 2-STORY WOOD FRAME RESIDENCE .¥ 00 THIS CONDOMINIUM MAP OF 521-523 W, HOPKINS AFFORDABLE HOUSING CONDOMINIUMS LOT 1,4 a dy 4 0 DIMENSIONS SHOWN TO OUTSIDE * 0-) k WAS REVIEWED AND APPROVED BY THE CITY OF ASPEN, COMMUNITY DEVELOPMENT 3 735%771& & - 1 LITTLE AJAX SUB, P.U.D.~B '68' >6 1 54 67' R UNIT 1 LCE' 4 1 6 2 0 FACE CONCRETE FOUNDATION 2 DIRECTOR, CITY OF ASPEN THIS ---____ DAY OF , 2008. 127 -X.\,1/ L/ / /»Nk..40 4) b f \---l ,//7:~64..t (PER PLA T BOOK 73 AT PAGE 4~9 6\ ~ E 2-6:or- "'~ to 0* 9 -- *« / UNIT 2 LCE -- A O 4-1 J SIT 1Ck i N.- 11,38, 0 2 BY: - L.C.E. U IT C COMMUNITY DEVELOPMENT DIRECTOR 490, 4 t> ~ VEHICULAR P*KING SPACES 0 LOT 1 1 ?h<J\·. C.<N , Chm¥ ek\ (SURFACE ONLY) b BOOMERANG LOT SPLIT DRYWELLS 8ELOW GRADE ,.: (PER 79 PLATS 70) PITKIN COUNTY CLERK AND RECORDER'S CERTIFICATE: ~FOR LOT 2,/DRAINAGE - h »42:Of «2 91 - E- 1 1619 THIS CONDOMINIUM MAP OF 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS M /,/ »4.4 V/ 10.0. IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF FND. 5,/8" REBAR W/ RED PLASTIC CAP LS #25947 * 9.13' VI Cl N I TY M AP (SCALE: 1 " = 400') S 27'18' W 0.3' FOUND TO RECORD LOCATION 6-40· 0, ~ PITKIN COUNTY, COLORADO AT 0'CLOCK M. THIS DAY 844 S 75.09'11" E,~~ ~- ic> - 9 14,16, ~ BOOK AT PAGE AT RECEPTION NO. b OF , 2008 IN PLAT FND. 5/8" REBAR W/ NO CAP LEGEND 82 -NO V *-- 9.96, ~ N 53'46' W 0.1' FOUND TO RECORD LOCATION 0 · -12,64' 0 , F- -% PITKIN COUNTY CLERK AND RECORDER f.v. 1 ZNNAR3ER CLEANOUT h .ACK ($28 1> NAME TI TLE 5' SE-t- - --4 16.0' EC - EDGE CONCRETE f.14 T R> EP - EDGE OF ASPHALT PAVEMENT S 75.09'11. E GRD. - GROUND /9 4 r> 0 400, 521-523 W. HOPKINS AFFORDABLE -T & E- - TELEPHONE & ELECTRICAL LINE SURVEYOR'S CERTIFICATE: LOT D MAGE....56~ d CONDOMINIUM MAP OF -G- - GAS LINE b -W - WATER LINE 1, ROBERT C. HUTTON, DO HEREBY CERTIFY THAT I AM A 4,5 CL - CENTER LINE PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE & 4 E -G&W- - GAS & WATER LINE STATE OF COLORADO: THAT THIS "CONDOMINIUM MAP OF 521-523 / HOUSING CONDOMINIUMS 0 TYP - TYPICAL W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS" CONSISTING OF TWO JO LOT E * BEING A CONDOMINIUM COMMON INTEREST COMMUNITY O - REBAR WITH RED CAP MONUMENT SHEETS, IS TRUE, CORRECT AND COMPLETE AS LAID OUT, PLATTED AS SHOWN - (PER 79 PLATS 70) UNLESS OTHERWISE NOTED SHOWN HEREON: THAT TWS MAP WAS MADE BY ME FROM AN ACCURATE l BLOCK 32 ~ ~ LOT F OF UNIT C AS SHOWN ON THAT CERTAIN PLAT ENTITLED "LOT 2, @ REMOTE kATER METER 2 SURVEY OF THE LANDS SHOWN HEREON BY ME OR UNDER MY BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED IN PLAT 1 DIRECT SUPERVISION IN MAY OF 2008 AND ACCURATELY AND G.C.E. GENERAL COMMON ELEMENTS SUBSTANTIALY DEPICTS THE LOCATION AND HORIZONTAL AND BOOK __ AT PAGE-_. PITKIN COUNTY CLERK AND RECORDER'S OFFICE L. C.E. LIMITED COMMON ELEMENT S VERTICAL DIMENSIONS OF THE UNITS, BOUNDARY LINES, ~ (521-523 W, HOPKINS AVENUE) 8 FND STEEL SPI KE OR P-K NAI L SURVEY CONTROL UTILITIES, IMPROVEMENTS, ENCROACHMENTS AND EASEMENTS CHAIN LINK FENCE IN EVIDENCE OR KNOWN TO ME: THAT THIS MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN CITY OF ASPEN PITKIN COUNTY COLORADO UTILITY NOTES: C.R.S. TITLE 38 ARTICLE 51-105, AS AMENDED AND OF A PLAT AS SET FORTH IN C,R.S. TITLE 38 ARTICLE 33.3-209. SURVEY PRECISION 1. The utilities existing on the surface and shown on this drawing have SCALE: 1" = 10' DATE: JUNE, 2008 GRAPHIC SCALE been located by field survey. All underground utilities shown on this 9 9 OF PARCEL BOUNDARY IS GREATER THAN 1:10,000. 8 1 40 drawing are from records of the various utility companies and the surveyor ~v ~ 24312 ~~ ~ ROBERT C. HUTTON does not assume responsibility for their completeness, indicated location, . .12 or size. Record utility location should be confirmed by exposing the utility. DATED: ~ BY: 2~2 PROFESSIONAL LAND SURVEYOR »20 ' ROBERT C. HUTTON, PLS #24312 ( IN FEET ) 2. The utility service lines are comrnon and serve both units. Access to maintain, ,&2•.........546, 725 CEMETERY LANE 1 inch = 10 ft, replace, and repair said utility services across the designated LCE will be necesssary, ./1/5/ ASPEN, COLORADO 81611 as pursuant to the purposes stated in the Condominium Declaration above mentioned. (970) 544-9952 SHEET ONE OF TWO JOB# 179-07 ........ AGE 70) ........ CONDOMINIUM MAP OF 521-523 W. HOPKINS AFFORDABLE HOUSING CONDOMINIUMS BEING A CONDOMINIUM COMMON INTEREST COMMUNITY OF UNIT C AS SHOWN ON THAT CERTAIN PLAT ENTITLED "LOT 2, BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED IN PLAT BOOK __ AT PAGE --, PITKIN COUNTY CLERK AND RECORDER'S OFFICE 10.5' POINT "A" No gy t. 12,9. A 00 POINT "A" 10.5' A. 2.7, 17.9' 1 5»-1 £,~· 1-LEVEL WOOD FRAME 3,9'it = 7925.3' CE = 7932,5' (TYP) DIMENSIONS SHOWN TO INSIDE FACE INTERIOR DRYWALL ' (2ND FLOOR) k - CE = 7931.0' h 2 1-LEVEL WOOD FRAME # ao DIMENSIONS SHOWN TO INSIDE FACE INTERIOR DRYWALL ¥ (1ST FLOOR) 4/ 0.60 CE = 7932.5'(TYP) Ci CIO. 26' <0' 0 26' 23.2, u 0.6, 0.5' WALL THICKNESS (TYPICAL) 6.2' e e I Lu 0 27 UNIT 1 , (521 W. HOPKINS AVE) 0.5' WALL THICKNESS (TYPICAL) 64 AREA = 762 SQ.FT.=E UNIT 2 (523 W. HOPKINS AVE) AREA = 800 SQ. FT.=E 7949.5' TOP ROOF PEAKA / \ 7948.0' TOP ROOF PEAK f«-11 7942.0' TOP EAVE 7941.0' TOP EAVE/' ~ NOTES: 2.8 1. BEARING WALLS (IF ANY) WITHIN THE UNITS SHOWN HEREON ARE CONSIDERED GENERAL COMMON ELEMENTS. 8.01 11~FF U-N I T 2 8.01 7933.8' ~ 9.0 · UNIT 1 PATIO CONDOMINIUM MAP OF ¥ FF = 7923.6' POINT"A" F 521-523 W. HOPKINS AFFORDABLE LEGEND HOUSING CONDOMINIUMS FRONT (NORTH) ELEVATION FF - FINISHED FLOOR ELEVATION BEING A CONDOMINIUM COMMON INTEREST COMMUNITY CE - CEILING ELEVATION OF UNIT C AS SHOWN ON THAT CERTAIN PLAT ENnTLED "LOT 2, G.C.E. - GENERAL COMMON ELEMENT TYP - TYPICAL BOOMERANG LOT SPLIT PLANNED COMMUNITY PLAT" AS FILED IN PLAT BOOK __ AT PAGE -__. PITKIN COUNTY CLERK AND RECORDER'S OFFICE (521-523 W. HOPKINS AVENUE) GRAPHIC SCALE 8 0 4 8 16 32 CITY OF ASPEN PITKIN COUNTY COLORADO SCALE: 1" = 8' DATE: JUNE, 2008 ( IN FEET ) 1 inch = 8 ft. ROBERT C. HUTTON PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE ASPEN, COLORADO 81611 (970) 544-9952 SHEET TWO OF TWO JOB# 179-07 ........ '8.L (cl,~)~~ L+6£ = 30 22.1' •t'L G.C.E.