HomeMy WebLinkAboutcoa.lu.ec.1590 Silverking Dr.0052.2010 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0052.2010.ASLU
PARCEL ID NUMBER 2735 0204 1008
PROJECTS ADDRESS 1590 SILVERKING DR
PLANNER SARA ADAMS
CASE DESCRIPTION SUBDIVISION EXCEMPTION
REPRESENTATIVE CHRIS SANDERS
DATE OF FINAL ACTION 10.22.10
CLOSED BY ANGELA SCOREY ON: 12.03.10
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c • permit type aslu Aspen Lana Use D052 .2010.ASLU ..
Address 1590 SILVERH!NG DR Apt •
$_ cty ASPEN State 0 Its 81611
F Permit Information - --
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• Project Status penang I Approved
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• Description SUBDIVISION EXEMPTION Issued
Final
Submitted CHRIS SANDERS 925 6300 Clock Running Days 01 Excites 91150011
Submitted via
Owner
Last name HIRSCH MICHAEL R & MAR' First name 1593 SILVERHWG DR
ASPEN CO 81611
Phone () - Address
Applicant
❑ On 4 applicant? ❑ Contractor is applicant?
Last name HERMAN 8 HOWARD, LLC Fist name 201 N MILL ST
201
Phone (970) 925 -6300 Cust * 28737 Address ASPEN CO 81611
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RECEPTION #: 573823, 09/23/2Q10 at 04:16:14 PM, 1 OF 2, R$16.00
Janice K. Vos Caudill, Pi( .n County, CO
•
Fit EL''Pt
r; - ;;; `'1y r:OUPT
i"" i"23 1.7
DISTRICT COURT, PITKIN COUNTY, COLORADO COLORADO
506 E. Main Street, Suite 300
Aspen, Colorado 81611
(970) 925-7635
PLAINTIFF: INTERIOR WOODWORK INC.
v .
DEFENDANTS: CORNERSTONE ENTERPRISES, TERRY
KINCADE, individually; SILVER KING REALTY PARTNERS,
LLC, COMMUNITY BANKS OF COLORADO — ASPEN;
SHADOW MOUNTAIN PARTNERS, INC., a Colorado
Corporation, CRESCENT ELECTRIC SUPPLY COMPANY and
THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO COURT USE ONLY
Attorneys for Defendant COMMUNITY BANKS OF
COLORADO - ASPEN
Case No.: 10CV153
Curtis B. Sanders, #23551
B. Joseph Krabacher, #10240
SHERMAN & HOWARD L.L.C. Div: Ctrm:
201 North Mill Street, Suite 201
Aspen, Colorado 81611
csanders(shermanhoward.com
ikrabacherCa,shemnanhoward.com
Tel: (970) 925 -6300
Fax: (970)925 -1181
CERTIFICATE OF RELEASE OF LIS PENDENS
The undersigned Clerk of the District Court in and for Pitkin County, Colorado does
hereby certify as follows:
1. Pursuant to the Order of this Court dated September 20, 2010, Silver King Realty
Partners, LLC has delivered to the Court and the Court has received a cash undertaking in the
amount of $264,47064.
1
LITIGATION 2804529.1
RECEPTION #: 573823, 09/23/3g10 at 04:16:14 PM, 2 OF 2,
Janice K. Vos Caudill, Pit'1 County, CO
•
2. Pursuant to the Order of this Court dated September 20, 2010, the Notice of Lis
Pendens recorded in the real property records of the Office of the Pitkin County Clerk and
Recorder on April 21, 2010 at Reception No. 568751 is discharged and released in full.
3. Said Notice of Lis Pendens affects the real property situate in Pitkin County,
Colorado, more particularly described as:
Lot 33, West Aspen Subdivision, according to the Plat thereof recorded September 4,
1968 in Plat Book 3 at Page 308, situate in the County of Pitkin, State of Colorado,
also known by street number as 1590 and 1592 Silverking Drive, Aspen, Colorado
81611.
IN WITNESS WHEREOF, I have hereunto se: kg hand and affixed the seal of this Court
at my office at Aspen, Colorado, this2j day of , 2010.
CLERK OF THE DISTRICT COURT
SEAL By: DI C7)- i /j2JZ
e OF
puty Clerk
r
After recording return to: if A • COLC
Curtis B. Sanders, Esq. / s ' r •
SHERMAN & HOWARD L.L.C. t •• `fi ,
201 North Mill Street, Suite 201 1 1 1 40%. , ,.•'�
Aspen, Colorado $ 1611 r 1 l A N CQ
y
-2-
LITIGATION12804529.1
RECEPTION #: 573822, 09/23/2010 at 04:16:13 PM, 1 OF 2, R $16.00
Janice K. Vos Caudill, Pi, 'n County, CO
;. ref /n
DISTRICT COURT, PITKIN COUNTY, COLORADO COL 0.
506 E. Main Street, Suite 300 0 0
Aspen, Colorado 81611
(970) 925-7635
PLAINTIFF: INTERIOR WOODWORK INC.
v.
DEFENDANTS: CORNERSTONE ENTERPRISES, TERRY
KINCADE, individually; SILVER KING REALTY PARTNERS,
LLC, COMMUNITY BANKS OF COLORADO — ASPEN;
SHADOW MOUNTAIN PARTNERS, INC., a Colorado
Corporation, CRESCENT ELECTRIC SUPPLY COMPANY and
THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO COURT USE ONLY
Attorneys for Defendant COMMUNITY BANKS OF
COLORADO - ASPEN
Case No.: 10CV153
Curtis B. Sanders, #23551
B. Joseph Krabacher, #10240
SHERMAN & HOWARD L.L.C. Div: Ctrm:
201 North Mill Street, Suite 201
Aspen, Colorado 81611
csanders@shermanhoward.com
ikrabacher(asherrmanhoward.com
Tel: (970) 925 -6300
Fax: (970) 925-1181
CERTIFICATE OF RELEASE OF STATEMENT OF MECHANIC'S LIEN
The undersigned Clerk of the District Court in and for Pitkin County, Colorado does
hereby certify as follows:
1. Pursuant to C.R.S. Section 38 -22 -132 and the Order of this Court dated September 20,
2010, Silver King Realty Partners, LLC has delivered to the Court and the Court has received a
cash undertaking in the amount of $264,47064.
2. Pursuant to C.R.S. Section 38 -22 -132 and the Order of this Court dated September
20, 2010, the Statement of Lien recorded in the real property records of the Office of the Pitkin
LITIGATION \2804543
RECEPTION #: 573822, 09/23/ at 04:16:13 PM, 2 OF 2,
Janice K. Vos Caudill, pit( 1 County, CO eTh
T
County Clerk and Recorder on February 22, 2010 at Reception No. 567165 and re- recorded on
March 15, 2010 is discharged and released in full and the herein described real property has been
released from the lien and from any action brought to foreclose such lien.
3. Said Statement of Lien affects the real property situate in Pitkin County, Colorado,
more particularly described as:
Lot 33, West Aspen Subdivision, according to the Plat thereof recorded September 4,
1968 in Plat Book 3 at Page 308, situate in the County of Pitkin, State of Colorado,
also known by street number as 1590 and 1592 Silverking Drive, Aspen, Colorado
81611.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of this Court
at my office at Aspen, Colorado, this day of ,87 , 2010.
CLERK OF THE DISTRICT COURT
SEAL By: . ��; _ /
i ' eputy Clerk 4 • • .M - � * C
: •
After recording return to: 1� N ... •` •
Curtis B. Sanders, Esq. �', CO
SHERMAN & HOWARD L.L.C. _.. .
201 North Mill Street, Suite 201
Aspen, Colorado 81611
2
LITIGATION12804543.1
RECEPTION #: 574147, 10/07/2010 at 10:20:35 AM, 1 OF 2, R $16.00
Janice K. Vos Caudill, Pi( " County, CO �.
Exhibit A to Stipulation to Dismiss Crescent's Fourth Claim for Relief with Prejudice and
Notice to Dismiss Crescent's First, Second, and Third Claims for Reliefwitpout Prejudice
and Motion for the Clerk of Court to Issue Certificate of Release of Lis Pendens
DISTRICT COURT, PITKIN COUNTY, COLORADO
506 E. Main Street, Suite 300
Aspen, Colorado 81611
(970) 925-7635
PLAINTIFF: INTERIOR WOODWORK INC.
v.
DEFENDANTS: CORNERSTONE ENTERPRISES, TERRY
KINCADE, individually; SILVER KING REALTY PARTNERS,
LLC, COMMUNITY BANKS OF COLORADO — ASPEN;
SHADOW MOUNTAIN PARTNERS, INC.. a Colorado
Corporation, CRESCENT ELECTRIC SUPPLY COMPANY and
THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO
?COURT USE ONLY?
Attorneys for Defendant COMMUNITY BANKS OF
COLORADO - ASPEN
Case No.: 10CV 153
Curtis B. Sanders, #23551
13. Joseph Krabacher, #10240
SHERMAN & HOWARD L.L.C. Div: Ctrui:
201 North Mill Street, Suite 201
Aspen, Colorado 81611
csanders@shermanhoward.com
jkrabacher@shernnanho ward.com
Tel: (970) 925 -6300
Fax:(970)925 -1181
CERTIFICATE OF RELEASE OF LIS PENDENS
The undersigned clerk of the District Court in and for Pitkin County, Colorado does
hereby certify as follows:
1. The Notice of Lis Pendens recorded in the real property records of the Office of the
Pitkin County Clerk and Recorder on May 19, 2010 at Reception No. 569528 is discharged and
released in full.
4
LITIGATION12800029,1
RECEPTION #: 574147, 10/07/2010 at 10:20:35 AIN, 2 OF 2,
Janice K. Vos Caudill, Pit, i County, CO
2. Said Notice of Lis Pendens affects the real property situate in Pitkin County,
Colorado, more particularly described as:
Lot 33, West Aspen Subdivision, according to the Plat thereof recorded September 4,
1968 in Plat Book 3 at Page 308, situate in the County of Pitkin, State of Colorado,
also known by street number as 1590 and 1592 Silverking Drive, Aspen, Colorado
81611.
3. Crescent's Fourth Claim for Relief, which affects such property, was dismissed with
prejudice on !'} cf. 24/0 , 2010, by Court Order based upon a Stipulation to Dismiss
Crescent's Fourth Claim for Relief with Prejudice, submitted by attorneys for Crescent Electric
Supply Company pursuant to C.R.C.P. 41.
4. Crescent's First, Second, and Third Claims for Relief, which affect such property,
were dismissed without prejudice on G } , 2010, by Court Order based upon a
Notice to Dismiss Crescent's First, Second, and Third Claims for Relief without prejudice,
submitted by attorneys for Crescent Electric Supply Company. Pursuant to the Order of this
Court, the Notice of Lis Pendens affecting the property described above is hereby discharged and
released.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of this Court
at my office at Aspen, Colorado, this 3y` day of OC.Tn (. , 2010.
CLERK OF THE DISTRICT COURT
SEAL By: _C`�roCT�1c �) ///
e y er il# .;
After recording return to: '^ ;
Curtis B. Sanders, Esq. ; •
SIIERMAN & HOWARD L.L.C.
201 North Mill Street, Suite 201 `I
Aspen, Colorado 81611 i
5
• LITIGATION128000291 •
RECEPTION#: 573979, 09/30/2010 at 04:02:41 PM, 1 OF 2, R $16.00
Janice K. Vos Caudill, Pik in County, CO
(Release of Lien)
Recording Requested by:
Crescent Electric Supply Company
Upon Recording Return To:
Curtis B. Sanders, Esq.
SHERMAN & HOWARD L.L.C.
201 North Mill Street, Suite 201
Aspen, Colorado 81611
RELEASE OF LIEN
KNOW ALL BY THESE PRESENTS, that Crescent Electric Supply Company, the undersigned
lien claimant, filed a Statement of Lien in the Office of the Clerk and Recorder of Pitkin County,
Colorado on March 8, 2010 as Reception No. 567456, which Statement of Lien was partially released by
Crescent Electric Supply Company's subsequent recording of a Partial Release of Lien o May 18, 2010 in
the Office of the Clerk and Recorder of Pitkin County, Colorado as Reception No. 569466 (collectively,
the "Statement of Lien "), for the purpose of claiming a lien upon the real property described in said
Statement of Lien.
The undersigned lien claimant has agreed that the following described property described
in such Statement of Lien is to be released from the claim of such Statement of Lien:
Lot 8, Lot 33, West Aspen Subdivision, according to the Plat thereof recorded September
4, 1968 in Plat Book 3 at Page 308, situate in the County of Pitkin, State of Colorado (the
"Property").
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the undersigned hereby releases the undersigned's claim of lien against said
property, and forever discharges said property from said claim.
Executed this day of 'WA S& - 010.
CRESCENT E ,. CTRIC SUPPLY " • ' 'ANY,
a C , lorado corpora. 'on
•
By: ` r,, of Wt:aatt
Richelle Kaiser, District Credit Ma ager
-5-
Ln 'CATION \2799977.1
RECEPTION #: 573979, 09/30/4L10 at 04:02:41 PM, 2 OF 2,
Janice K. Vos Caudill, Pit' - 1 County, CO oonN
STATE OF ±Arratic )
COUNTY OF AfitheC )
Subscribed and sworn to before me b I�, �l,QQ { Q,/4,Q , District C - .' Manager for
Crescent Electric Supply Company this ay of , 2010.
My commission expires: -Vos /a Witnes Y t, hand and 4 :l s -.. _
SilLir li
` % N.. : T lic 7 ""'"
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I.II'IG A TIOM2799977. I
Sara Adams
From: Sanders, Curtis [csanders @shermanhoward.com]
Sent: Tuesday, October 05, 2010 2:24 PM
To: Sara Adams
Subject: 1590/1592 silverking plat
Sara:
Since I don't have a speaking voice today, I decided to send you an email. Assuming that my voice returns tomorrow, I
will try to reach you in the morning to discuss this email and see how we can get the Condominium Map finalized this
week.
1. Title. Ideally, I would prefer not to change the title of the document to include the words "West Aspen
Subdivision ", since this subdivision is more or less defunct, and I don't want the title of the condominium map to become
too cumbersome. I also note that other recently approved condominiumizations in the vicinity of this property were not
required to include a reference to the "West Aspen Subdivision" in the name of the document (e.g. Condominium Plat for
Silver King Place at 1540 and 1530 Silver King Drive, and the Condominium Map of the Lofts at Silver King at 1560 and
1564 Silver King Drive). Since immediately below the title of the Condominium Map there is a reference to Lot 33, West
Aspen Subdivision, this should provide sufficient confirmation that the Condominium Map is effecting a
condominiumization of Lot 33, West Aspen Subdivision into two condominium units.
2. Government Tie; Basis of Bearings. I will have the surveyor make these two revisions to the draft Condominium Map.
3. Building Tie. I will have the surveyor include a tie to the building.
1( 4. Vicinity Mao. The surveyor had planned to add the vicinity map when he ran a mylar of the condominium map.
5. Title Certificate. The Ownership and Encumbrance Report referenced in the Surveyor's Certificate discloses all of the
matters of record affecting the property. This provides the same information as a title commitment, namely a list of all title
matters affecting the property. However, a title commitment is a commitment to insure over the property in connection
with a sale of property. The property was not under contract to be sold when I prepared the condominiumization
application, which is why I provided an ownership and encumbrance report. Given this information, please let me know if I
really need to reference a current ownership and encumbrance report AND ALSO reference a title insurance commitment.
6. Plat Note. I won't add the plat note regarding the mechanic's liens and the lis pendens since these three of these items
have been resolved, and the last lis pendens will be released in the next few days, before the condominium map is
recorded.
7. Owner's Certificate. I prop se revising the Owner's Certificate to read as follows:
a.aa Gra+jv 4
KNOW ALL MEN BY THESE PRESENTS THAT SILVER KING REALTY PARTNERS, LLC, A LIMITED LIABILITY
COMPANY, BEING THE RECORD OWNER OF CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF PITKIN,
STATE OF COLORADO LEGALLY DESCRIBED AS LOT 33, WEST ASPEN SUBDIVISION, FILING NO. 2 ACCORDING
TO THE PLAT THEREOF RECORDED SEPTEMBER 4, 1968 IN PLAT BOOK 3 AT PAGE 308 DOES HEREBY
DEDICATE SAID REAL PROPERTY WITH ALL IMPROVEMENTS, APPURTENANCES, AND FACILITIES NOW OR
THEREAFTER THEREON TO CONDOMINIUM OWNERSHIP UNDER THE COLORADO COMMON INTEREST
OWNERSHIP ACT, C.R.S. 38- 33.3 -101, ET SEQ. AS THE SAME MAY BE AMENDED FROM TIME TO TIME , AND
HEREBY IMPOSES UPON ALL THE REAL PROPERTY THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS,
EASEMENTS, RESERVATIONS, USES, LIMITATIONS AND OBLIGATIONS DESCRIBED IN THE
CONDOMINIUM DECLARATION OF RED BUTTE TOWNHOMES RECORDED ON THE DAY OF
, 2010 AS RECEPTION NO. IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY, COLORADO , AND DECLARANT HEREBY DEDICATES THE REAL PROPERTY DESCRIBED
THEREIN FOR SUCH PURPOSES.
8. Driveway. The common driveway constitutes a common element. Under the words "COMMON DRIVE" I will add the
words: "(,Common Element) ".
l C�,C
•
1
9. Trench Drain on South Side of Property. I will check with the project's general contractor to see if an encroachment
license was obtained for this trench drain. If not, I can certainly take care of this item, but I would prefer not to have to
address it as a condition to approval of the property's condominiumization.
10. Mechanical and Concrete on North Side of Property. The 10' wide utility easement dedicated on the property's
northern boundary is for "underground utilities" according to the
old West.Aspen Subdivision, Filing No. 2 Plat. The improvements depicted on the Condominium Map in this location are
surface improvements, and therefore, the should be no problem with the construction of these improvements in the
dedicated underground utility easement
-Curt
Curtis B. Sanders
SHERMAN & HOWARD L.L.C.
201 North Mill Street, Suite 201
Aspen, CO 81611
(970) 925 -6300 ph
(970) 925 -1181 fax
csanders dnshermanhoward.com
www.shermanhoward.com
This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential and legally privileged. This
information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not
the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is
strictly prohibited. If you have received this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you.
This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are
not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by
the Internal Revenue Service. For information about this statement, contact Sherman & Howard L.L.C. or visit our website at
htto://www.shermanhoward.com/PrivacyPolicy/Circular230/
From: Sara Adams [ mailto :Sara.Adams @ci.aspen.co.us]
Sent: Monday, October 04, 2010 2:06 PM
To: Sanders, Curtis
Subject: FW: 1590/1592 silverking plat
Hi Curt, attached is the condo plat with Trish's and my comments. Please call me if you have questions. -Sara
Sara Adams. Senior Planner.
City of Aspen.130 South Galena Street.
Aspen CO 81611
tele. 9701429.2778
fax 9701920,5439
www .aspenhistoricpreservation.com
From: Tricia Aragon
Sent: Monday, October 04, 2010 2:03 PM
To: Sara Adams
Subject: RE: 1590/1592 silverking plat
Sorry, it took longer than usual. Here it is. If you want to print out the comments make sure you use the pull down menu
to the right that says comments and markups.
Trish Aragon, P.E.
2
.
Sara Adams
From: Sanders, Curtis [csanders @shermanhoward.com]
Sent: Wednesday, October 13, 2010 3:45 PM
To: Sara Adams; Tricia Aragon
Subject: Revised Red Butte Condominium Map
Attachments: 20101013 Revised Draft Condominium Map.PDF
Sara and Tricia:
For your review and comment, I attach a proposed revised condominium map which is intended to reflect the matters we
discussed last week. Tricia, the encroachment license is complete, but I am still waiting on the insurance certificate. If
you can review the application before I provide the cert, please let me know and I will drop if off today or tomorrow
morning.
-Curt
Curtis B. Sanders
SHERMAN & HOWARD L.L.C.
201 North Mill Street, Suite 201
Aspen, CO 81611
(970) 925 -6300 ph
(970) 925 -1181 fax
csanders(a shermanhoward.com
www.shermanhoward.com
This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential and legally privileged. This
information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not
the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is
strictly prohibited. If you have received this transmission in error, please immediately inform me by 'reply" email and delete the message. Thank you.
This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are
not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by
the Internal Revenue Service. For information about this statement, contact Sherman & Howard L.L.C. or visit our website at
http://www.shermanhoward.com/PrivacyPolicv/Circular230/
1
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VICINITY M
CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM OWNERSHIP: '.
KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED, BEING SOLE OWNER
IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN, COUNTY
OF PITKIN, STATE OF COLORADO, SAID REAL PROPERTY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
LOT 10, BLOCK 2
SNOWBUNNY SUBDIVISION
ACCORDING TO THE SUBDIVISION PLAT
THEREOF AS FILED FOR RECORD ON
MAY, 2, 1957 IN PLAT BOOK 2A AT PAGE
229 UNDER RECEPTION NO. 105066
COUNTY OF PITKIN
STATE OF COLORADO
4 CONTAINING 14,999 SQ. FT OR 0.344 ACRES
Cl , I • i i ; • • THE SAID REAL PROPERTY TO BE LAID OUT,
tit, �/ 'V `/ r V --V CO► ••Id I. UiI • e►• SURVEYED AS UNITS A AND B, 12404.2 SNOWBUNNY
(Q
R � LANE CONDOMINIUMS, A PART OF THE CITY 0
STATE OF COLORADO. i
v THAT SAID OWNERS DO HEREBY SUBMIT SAID REAL PROPERTY TOGETHER WITH
' ALL IMPROVEMENTS. APPURTANCES AND FACILITIES HERETO AND NOW OR
HEREAFTER THEREON TO CONDOMINIUM OWNERSHIP UNDER THE COLORADO
COMMON INTEREST ACT, C.R.S. 38- 33.3 -101 AS THE SAME MAY BE AMENDED FROM
TIME TO TIME AND HEREBY IMPOSES UPON ALL THE REAL PROPERTY THE TERMS,
CONDITIONS, COVENANTS, RESTRICTIONS, EASMENTS RESERVATIONS, USES,
LIMITATIONS AND OBLIGATIONS DESCRIBED IN THE CONDOMINIUM DECLARATION
FOR THE 1240/1242 SNOWBUNNY LANE CONDOMINIUMS AS RECORDED IN THE
REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO ON THE .
DAY ____ , 2010 A.D. UNDER RECEPTION NO.
TOGETHER WITH ANY OTHER AMENDMENTS OR SUPPLEMENTS THERETO, WHICH
DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND
SHALL BE A BURDEN AND BENEFIT TO SAID OWNERS, THEIR SUCCESSORS AND
ASSIGNS, AND ANY PERSON AQUIRING OR OWNING AN INTEREST IN THE REAL
PROPERTY, THEIR GRANTEES, SUCCESSORS, HEIRS, PERSONAL REPRESENTATIVES
EXCUTORS, ADMINISTRATOORS DEVISEES OR ASSIGNS.
EXECUTED THIS ___L _-____ DAY - , 2 010 A.D.
FIDELITY BANK
BY: - -- - - - - - - - - . --- TITLE
�� r0 P t) (c.c. Sb^ ijlioar
•
COUNTY OF 4 504' - -) 1
S.S.
STATE OF _.K. - -
•
THE FOREGOING CERTICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM
0 NERSHIP WAS ACKNOWLEDGED BEF E ME Tit ./. DAY OF
!�y _ 2010 A.D. BY Lr • r _-
A DULY AUTHORIZED REPRESENTATIVE OF FIDELITY BANK.
WITNESS MY HAND AND SEAL: 1 VICKIE SCROGGIN
.4421 NOTARY PUBLIC
STATE OF KANSAS
' ' - - - -- My APPt Exp. Aug. 29, 2012
`� '
NOTARY PUBL
..., rnnAMICCInki FXPIPPS if _)+'1—►ar —_
4
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: September 23, 2010
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0052.2010.ASLU — 1590 Silverking DriveThe planner
assigned to this case is Sara Adams.
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
77k Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429 -2759 if you have any
questions.
Th. ..- You,
I t A A AilliA
II! ifer P ta Deputy Director
City of Asp -, ommunity Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP
Yes Noy Subdivision (creating more than 1 additional lot)
GMQS Allotme is Residential Affordable Housing
Yes No Commercial E.P.F.
0
ATTORNEYS & COUNSELORS AT LAW
JEROME PROFESSIONAL BUILDING
201 NORTH MILL, STREET, SUITE 201
ShermSherm & Howard L.L.C. ASPEN, COLORADO 81611 -1557
an ll Howard TELEPHONE (970)925-6300
FAX 25-1181
OFFICE 70)925 -118
OFFICES IN DENVER • COLORADO SPRINGS • ASPEN. VAIL
STEAMBOAT SPRINGS PHOENIX • RENO LAS VEGAS ST. LOUIS
Curtis B. Sanders
Office Number (970) 925-6300 Ext. 214 RECF1 D
E -mail: csandersna krabacher.com
September 20, 2010 � � c 4 0 ` u, 7
CITY i:F ar tLN
Via Hand Delivery COMMUNITY DEVELOPMENT
Drew Alexander, Staff Planner
City of Aspen Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Re: Application for Condominiumization of Project at 1590 and 1592 Silverking Drive,
Aspen, Colorado; Red Butte Townhomes
Dear Drew:
In connection with the above matter, please find enclosed the following documents
1. City of Aspen "Pre- Application Conference Summary" dated August 13, 2010 (two
copies);
2. "City of Aspen Community Development Department Agreement for Payment of City
of Aspen Development Fees" dated September 20, 2010 (two originals);
3. City of Aspen "Land Use Application" (two originals);
4. Authorization to represent letter dated September 20, 2010 from Silver King Realty
Partners, LLC (two originals);
5. Current Ownership and Encumbrance Report reflecting status of title matters affecting
the subject property (two copies);
6. Vicinity Map depicting the location of the subject property in the City of Aspen (two
copies);
7. Draft copies of the proposed "Condominium Map of Red Butte Townhomes" (two
copies);
8. Draft copies of the proposed "Condominium Declaration of Red Butte Townhomes"
(two copies); and
BUS_RE \3540404.2
0
9. Applicant's check in the amount of $735.00.
Please confirm the completeness of the enclose land use application at your earliest
convenience.
As I explained to you during our pre - application conference, the Condominium Map and
the Condominium Declaration contemplate a condominiumization of the existing property into
two separate units (the "1592 Silver King Drive Unit" and the "1592 Silver King Drive Unit "),
each of which comprises one -half of the existing land and improvements. Each unit will share a
party wall, and the units will share in the cost of maintaining the shared driveway. Otherwise,
there are no other shared items, and no shared expenses.
Please also note that as we have discussed, the attached Ownership and Encumbrance
Report discloses the existence of two mechanic's liens and two notices of lis pendens affecting
the subject property. One of the notices of lis pendens and one of the mechanic's liens in the
amount of $20,936.41 is claimed by Crescent Electric Supply Company. The other notice of lis
pendens and the other mechanic's lien in the amount of $176,313.76 is claimed by Interior
Woodwork Inc.
The Applicant has settled with the Crescent Electric Supply Company, and expects to
have its mechanic's lien released this week, with the notice of lis pendens to be released shortly
thereafter.
The Applicant has not settlement with Interior Woodwork Inc., but with the consent of its
attorneys, has filed a motion with the Court which will provide for the release of its mechanic's
lien and notice of lis pendens by posting a cash bond with the Court. Therefore, upon the
Court's approval of the Applicant's motion, Interior Woodwork Inc.'s mechanic's lien and notice
of lis pendens will also be released from the subject property.
Accordingly, the Applicant requests that the City of Aspen immediately process the
enclosed land use application, but that the City of Aspen condition its final approval of the land
use application upon my providing evidence of the release of Crescent Electric Supply
Company's and Interior Woodwork Inc's notices of lis pendens and mechanic's liens.
If you have any questions, please feel free t give me a call.
cere
Cu ilis ers
Enc.
cc: Christopher J. Berry
Alexander.01
{00285061.DOC A I) 2
BUS_RE \3540404.2
hl
Attorneys Title Insurance Agency of Aspen, LLC
715 West Main Street, Suite 306 Aspen, Colorado 81611
OWNERSHIP & ENCUMBRANCE REPORT
This report is based on a search made of documents affecting the record title to the property described
hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the
information as to record owner is taken from the most recent recorded Vesting Deed, and the information
as to existing encumbrances reflects those documents of record which specifically described the subject
property by legal description or which refer to the owner of the property which are filed by name only and
do not include the legal description of the property. No information is furnished relative to easements,
covenants, conditions and restrictions. This report does include the results of a search under the names of
the property owner(s) in the general index. Liability of Attorneys Title lnsurance Agency of Aspen, LLC
under this Ownership and Encumbrance Report is limited to the fee received.
Effective Date: August 09, 2010
Property Address: 1590 Silver King Drive, Aspen, Colorado 81611
Schedule No: R005324
Parcel No: 273502401008
Taxes: Total taxes for 2009, are owed and due in the amount of: $10,590.86.
Legal Description:
Lot 33, West Aspen Subdivision, Filing No 2, According to the Plat threreof recorded September 4, 1968
in Plat Book 3 at page 308, Pitkin County, Colorado.
Record Owner: Silver King Realty Partners, LLC, a Colorado limited liability company
The following liens were found affecting subject properties:
Construction Deed of Trust from Silver King Realty Partners, LLC, a Colorado limited liability company
to the Public Trustee of Pitkin County for the use or Community Banks of Colorado to secure the Sum of
$9,150,000. dated November 5, 2007, and recorded November 07, 2007, as Reception No. 543890.
Financing Statement frotn Silver King Realty Partners, LLC, debtor, to Community Banks of Colorado,
secured party, recorded November 21, 2007, as Reception No. 544284.
Statement of Lien claimed by Interior Woodwork Inc. in the amount of$176,313.76, recorded February
22, 2010, as Reception No. 567165, and re- recorded March 15, 2010, as Reception No. 567685.
Telephone (970) 925 -7328 A O A Facsimile (970) 925 -7348
ALA‘kAk
Attorneys Title Insurance Agency of Aspen, LLC
715 West Main Street, Suite 305 Aspen, Colorado 81611
Statement of Lien claimed by Crescent Electric Supply Company in the amount of $20,936.41, recorded
March 08, 2010, as Reception No. 567456, and Partial Release of Lien reducing, the lien amount to
$ 19,590.98, dated May 18, 2010, and recorded May 18, 2010, as Reception No. 569466..
Notice of Lis Pendens in Pitkin County, containing the legal description of the property and pertaining to
the lien filed by Interior Woodwork Inc. Notice of Lis Pendens dated April 15, 2010, and recorded April
21, 2010, as Reception No. 568751,
Notice of Lis Pendens in Pitkin County, containing the case number 10 CV 153. the legal description of
the property and pertaining to foreclosure of the lien recorded March 8, 2010, as Reception No. 567456.
Notice . of Lis Pendens dated May 18, 2010, and recorded May 19, 2010, as Reception No, 569528:
Note: Additional document recorded against title:
Response of 1590 Silver King Drive, LLC to Rule 69 Interrogatories, containing the case number 2007
CV 119, dated March 20, 2008, and recorded March 20, 2008, as Reception No 547630.
Atto ys i e [nsu n gencry'bf Aspen, LLC
}7 /U /.4
By: • r orized 011ie r or Agent
Telephone (970) 925 -7328 A a • Facsimile (970) 925 -7348
LAND USE APPLICATION RECEIVED
PROJECT: C/ry P 2 0 201
Name: Red Butte Condominiums Cry,,, OF PEN
Location: 1590 and 1592 Silverking Drive, Aspen, Colorado 81611
Parcel ID # (REQUIRED) 273502401008: Lot 33, West Aspen Subdivision, according to the Plat thereof
recorded September 4, 1968 in Plat Book 3 at Page 308, situate in the County of
Pitkin, State of Colorado
(Indicate street address, lot & block number, legal description where appropriate
APPLICANT:
Name: Silver King Realty Partners, LLC
Address: P.O. Box 10276, Aspen, Colorado 816112
Phone #: (970) 618-8040
REPRESENTATIVE:
Name: Curtis B. Sanders, Sherman & Howard L.L.C.
Address: 201 North Mill Street, Suite 201, Aspen, Colorado 81611
Phone #: (970) 925 -6300
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA — 8040 Greenline, Stream X Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
❑ Residential Design Variance Expansion
❑ Lot Line Adjustment
El Conditional Use CI Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
A new duplex residential structure has been constructed on the Property. The Property is not subject to any existing
land use approvals.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Applicant proposes a condominiumization of the Property into two residential units, with each unit comprised of all
of the land and improvements on each side of a common boundary and party wall.
Have you attached the following? FEES DUE: $735.00
X Pre - Application Conference Summary
X Attachment #1, Signed Fee Agreement
BUS RHU540412.1
N /AResponse to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3 -D Model For large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include
an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D
model.
SILVER KING REALTY PARTNERS, LLC
By: Shadow Mountain Partners, Inc., its Manager
By: if
Christoph @r J. Berry, Pro t
CB 14 (atIih
Date
RECEIVED
SEP 2 0 2010
CITY OF ASI'tN
COMMUNITY DEVELOPMENT
2
BUS_RE\3540412.1
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 429.2739 RECEIVED DATE: 08.13.10
PROJECT: 1590/1592 Silver King Drive
REPRESENTATIVE: Curtis Sanders, (970) 925 -6300 SEP 2 U 2010
OWNER: Silver King Realty Partners, LLC
CITY OF ASPEN
DESCRIPTION: COMMUNITY DEVELOPMENT
The Applicant is pursuing Condominiumization for the duplex property located at 1590/1592 Silver King Drive.
The subject site recently completed construction (2010), and now the owner is prepared to create
condominium ownership for the two dwelling units.
During the Pre -App Conference, a draft condominium plat was discussed. This plat only displayed one floor -
level out of three. However, the representative stated that the same devising wall separates the two dwelling
units on each floor. Utilities were also discussed, and this property has no shared utilities. Staff made the
recommendation to display limited common elements (LCE) and Greater Common Elements (GCE) on the
plat provided with the Land Use Application.
Condominiumization is an administrative review. No public noticing is required. Below is a link to the Land
Use Code and Land Use Application for your convenience.
Land Use Code
http://www.aspenpitkin.com/ Departments / Community- Development/Planninq- and- Zoninq/Title -26- Land -Use-
Code/
Land Use Application
http: / /www.aspenpitkin.com /Portals /O /docs /City /comdev/ Apps %20and %20Fees/landuseappform.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
Review by: - Staff for complete application
- Case planner for determiniation
Public Hearing: Not required
Copies of Application: 2 Copies
Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1 /ea.; Planning
Staff = 2),
Planning Fees: $735 (This includes three hours of staff review time. Additional planning hours over
deposit amount are billed at a rate of $245 /hour)
Total Deposit: $735
BUS RE\3540415.1
.. AF
To apply, submit the following information: C y Z4;
1. Total deposit for review of the application. �j O�q °e018 taco
2. Proof of ownership.
3. Completed Land Use Application Form.
4. A signed fee agreement.
5. A Pre - Application Conference Summary.
6. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the
representative authorized to act on behalf of the applicant.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in
the State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating
the owner's right to apply for the Development Application.
8. An 81/2" by 11" vicinity map locating the parcel within the City of Aspen.
9. A written description of the proposal and an explanation in written, graphic, or model form of how
the proposal complies with the review standards relevant to the development application. Please
include existing conditions as well as proposed. Please provide a written response to all
applicable criteria.
10. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar.
Sheet size shall be 24" x 36" with an unencumbered margin of one and a half inches on the left
hand side of the sheet and a one -half inch margin around the other three sides of the sheet.
11. 2 Copies of the complete application packet and maps.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based
on current zoning, which is subject to change in the future, and upon factual representations that may or
may not be accurate. The summary does not create a legal or vested right.
BUS _ RE\3540415.I
P"^
RECEIVED
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT SEP 2 0 2010
CITY OF ASPEN
Agreement for Payment of City of Aspen Development Application Fees COMMUNITY DEVELOPMENT
CITY OF ASPEN (hereinafter CITY) and Silver King Realty Partners, LLC (hereinafter
APPLICANT) AGREE AS FOLLOWS:
a. APPLICANT has submitted to CITY an application for Condominiumization
pursuant to City of Aspen Land Use Code Section 26.480.090 (hereinafter, THE PROJECT).
b. APPLICANT understands and agrees that the City of Aspen has an adopted fee
structure for Land Use applications and the payment of all processing fees is a condition
precedent to a determination of application completeness.
c. 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.
d. CITY and APPLICANT further agree that it is impracticable for CITY staff to
complete processing or present sufficient information to the Historic Preservation Commission,
Planning and Zoning Commission and/or City Council to enable the Historic Preservation
Commission, Planning and Zoning Commission and/or City Council to make legally required
findings for project consideration, unless current billings are paid in full prior to decision.
e. 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 $735.00 which is for three (3) 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 $245.00 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: tra _a, 'Sus
Chris Bendon �
Community Development Director Date:
Billing Ad ress and Telephone Number:
P.O. Box 10276
Aspen, Colorado 81612
(970) 618-8040
BUS_RE\3540406.1
rw
1
SILVER KING REALTY PARTNERS, LLC
P.O. Box 10276
Aspen, Colorado 81612
Tel. (970) 618 -8040
September 20, 2010
City of Aspen
Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Dear Sir or Madam:
I am writing as President of Shadow Mountain Partners, Inc., which is in turn,
Manager of Silver King Realty Partners, LLC, a Colorado limited liability company, to
authorize Curtis B. Sanders and the law firm of Sherman & Howard L.L.C. to act as the
agent for and representative of Silver King Realty Partners, LLC in all matters related to
and in connection with an application for condominiumization pursuant to Section
26.480.090 of the City of Aspen Municipal Code, with respect to certain real property
owned by Silver King Realty Partners, LLC and described as Lot 33, West Aspen
Subdivision, according to the Plat thereof recorded September 4, 1968 in Plat Book 3 at
Page 308, situate in the County of Pitkin, State of Colorado.
The address and phone number of the company's agent is as follows:
Curtis B. Sanders, Esq.
Sherman & Howard L.L.C.
201 North Mill, Suite 201
Aspen, Colorado 81611
Please contact me if you have any questions.
Thank you.
SILVER KING REALTY PARTNERS,
LLC, a Colorado limited liability company
By: Shadow Mountain Partners, Inc., its
Manager
By: f / \ \ `�
J _
istop er J. Berry, i4'sident
BUS RE \3540405.1
CONDOMINIUM DECLARATION
OF fl
RED BUTTE TOWNHOMES
PREAMBLE
THIS CONDOMINIUM DECLARATION OF RED BUTTE TOWNHOMES
( "Declaration ") is made by SILVER KING REALTY PARTNERS, LLC, a Colorado limited
liability company ( "Declarant ") to be effective as of the day of September, 2010.
WHEREAS, Declarant owns certain real property located in Pitkin County, Colorado,
more legally described on Exhibit A attached hereto (the "Property "); and
WHEREAS, Declarant desires to submit the Property to the provisions of the Colorado
Common Interest Ownership Act, C.R.S. §§ 38- 33.3 -101 et seq., as it may be amended from
time to time ( "Act ").
NOW THEREFORE, Declarant hereby submits the Property together with all easements,
rights, and appurtenances thereto and improvements thereon to the provisions of the Act. In the
event the Act is repealed, the Act as it exists on the date this Declaration is recorded shall remain
applicable.
Declarant hereby declares that all of the Property shall be held, sold and conveyed subject
to the following covenants, conditions, and obligations, all of which are declared and agreed to
be for the protection of the value of the Property, and for the benefit of any persons having any
right, title, or interest in the Property and which shall be deemed to run with the land and shall be
a burden and a benefit to any persons acquiring any interest in the Property, their grantees, heirs,
legal representatives, successors, and assigns.
SECTION ONE: DEFINITIONS
As used in this Declaration, unless the context otherwise requires, the terms hereinafter
set forth shall have the following meanings:
1.1 ACT means the Colorado Common Interest Ownership Act, C.R.S. §§ 38- 33.3 -101, et
seq., as it may be amended from time to time.
1.2 ALLOCATED INTERESTS means the percentage ownership interest in the Common
Elements, the Common Expense Assessment Liability, and the votes in the Association that are
allocated to each of the Units in the Common Interest Community. The formulas used to
establish the Allocated Interests are as follows:
1
BUS_RE\3554903.I
(a) Interest in the Common Elements. Each Unit shall have an undivided fifty
percent (50 %) ownership interest in the Common Elements.
(b) Common Expense Assessment Liability. Each Unit shall be obligated and
responsible to pay fifty percent (50 %) of the Common Expenses (subject to the other terms of
this Declaration).
(c) Votes. Each Unit within the Common Interest Community is entitled to
one (1) vote.
1.3 ASSESSMENT LIEN means the statutory lien provided for in the Act on a Unit for any
Assessment levied against that Unit together with all Costs of Enforcement as herein defined.
All Costs of Enforcement are enforceable as Assessments. If an Assessment is payable in
installments, the full amount of the Assessment is a lien from the time the first installment
becomes due. The recording of this Declaration constitutes record notice and perfection of the
lien. No further recordation or claim of lien for the Assessment is required.
1.4 ASSOCIATION means RED BUTTE TOWNHOMES ASSOCIATION, a Colorado
unincorporated association, its successors and assigns. The Members of the Association shall be
all of the Owners of the Units within the Common Interest Community. The Owners may elect
to incorporate the Association as a Colorado nonprofit corporation at any time. Unless and until
the Association is so incorporated, the Owners acknowledge and agree that the Association will
not have the benefit of certain lien priorities provided for in the Act.
1.5 BOARD OF DIRECTORS or BOARD means the Board of Directors of the Association.
The Board of Directors is the governing body of the Association and shall act on behalf of the
Association. The term Board of Directors as used herein is synonymous with the term Executive
Board as the latter term is used in the Act.
1.6 BUILDING means the duplex residential building (including related structures, such as
the Common Driveway depicted on the Map, walls, patios, sidewalks, retaining walls, stairs and
planters) in the Common Interest Community currently existing and as it may be altered,
modified, repaired or replaced in the future pursuant to this Declaration.
1.7 COMMON DRIVEWAY means the "Common Driveway" depicted on the Map and as
further defined and described in Section 3.2 below.
1.8 COMMON ELEMENTS means (a) the Party Wall; (b) the Common Driveway depicted
on the Map; (c) any utility facilities and drainage improvements that serve or benefit both Units,
(d) any structural or foundation elements in addition to the Party Wall or the Common Driveway
that are necessary for the continued existence, common support, integrity, preservation,
protection, and /or enjoyment of the Building improvements located within both Units; and (e)
any easements or other appurtenances to the Property that benefit both Units.
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1.9 COMMON EXPENSE ASSESSMENT LIABILITY means the liability for Common
Expenses allocated to each Unit that is determined in accordance with that Unit's Allocated
Interests as set forth in Section 1.2(b) hereof.
1.10 COMMON EXPENSES means expenditures made by or liabilities incurred by or on
behalf of the Association, together with allocations to reserves, if any.
1.11 COMMON INTEREST COMMUNITY means all of the Property and the improvements
located thereon and appurtenances thereto.
1.12 COSTS OF ENFORCEMENT means all fees, late charges, interest, expenses, including
receiver's fees, and reasonable attorneys' fees and costs incurred by the Association or an Owner
in connection with the collection of the Assessments or in connection with the enforcement of
the terms, conditions and obligations of the Project Documents.
1.13 DECLARANT means Silver King Realty Partners, LLC, a Colorado limited liability
company, or its successors and assigns as defined in § 38- 33.3- 10302) of the Act. A Person
shall be deemed a "successor and assign" of Declarant only if specifically designated in a duly
recorded instrument as a successor or assign of Declarant under this Declaration, and shall be
deemed a successor and assign of Declarant only as to the particular rights or interests of
Declarant under this Declaration which are specifically designated in the written instrument.
1.14 DECLARATION means this Declaration and the Map, and any supplements and
amendments thereto recorded in the Office of the Clerk and Recorder of Pitkin County,
Colorado.
1.15 GUEST means (a) a guest or invitee of an Owner or tenant; (b) an occupant or tenant of a
Unit within the Common Interest Community, and any members of his or her household, invitee
or cohabitant of any such person; (c) a contract purchaser; or (d) an employee, customer, or
client of an Owner or tenant.
1.16 MANAGING AGENT means any one or more persons employed by the Association who
is engaged to perform any of the duties, powers or functions of the Association.
1.17 MAP means the CONDOMINIUM MAP OF RED BUTTE TOWNHOMES (and any
supplements and amendments thereto) recorded on , 2010 in Plat Book
as Reception No. in the Office of the Clerk and Recorder of Pitkin
County, Colorado.
1.18 MEMBER means each Owner.
1.19 OWNER or UNIT OWNER means the record owner of the fee simple title to either Unit.
1.20 PARTY WALL means the wall located on and along the common boundary line between
the two Units, as depicted on the Map.
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1.21 PERSON means a natural person, a corporation, a partnership, an association, a trust, a
limited liability company, a joint venture, or any other entity recognized as being capable of
owning real property under Colorado law.
1.22 PROJECT DOCUMENTS mean this Declaration, the Map, any rules or regulations
adopted by the Association from time to time, and any bylaws or articles of incorporation for the
Association, if any, as they may be amended and supplemented from time to time.
1.23 PROPERTY is defined in the Recitals of this Declaration.
1.24 SECURITY INTEREST means an interest in real estate or personal property created by
contract that secures payment of an obligation. The term includes a lien created by a deed of
trust, contract for deed, land sales contract or UCC -1.
1.25 UNIT means each of the two condominium units depicted on the Map and described in
this Declaration and all improvements and fixtures contained therein, together with an undivided
50% interest in the Common Elements. The two Units are known as "1590 Silver King Drive
Unit" and "1592 Silver King Drive Unit" as depicted on the Map.
SECTION TWO: NATURE AND INCIDENTS OF THE COMMON INTEREST
COMMUNITY
2.1 The Common Interest Community. The name of the Common Interest Community is
RED BUTTE TOWNHOMES.
2.2 Number of Units. The number of Units in the Common Interest Community is two (2).
No more than two Units may be created within the Common Interest Community.
2.3 Division into Units, Estates of an Owner. The Common Interest Community is hereby
divided into two (2) Units, each consisting of a separate fee simple estate in a particular Unit,
and an appurtenant undivided fee simple interest in the Common Elements. The undivided
interest in the Common Elements appurtenant to a particular Unit is determined in accordance
with that Unit's Allocated Interest as set forth in Section 1.2 hereof. The two Units are the "1590
Silver King Drive Unit" and the "1592 Silver King Drive Unit" as depicted and described on the
Map.
2.4 Title. A Unit may be held and owned by more than one Person as joint tenants or as
tenants in common or in any real property tenancy relationship recognized under the laws of the
State of Colorado.
2.5 Description of a Condominium Unit. Every deed, lease, mortgage, trust deed, will or
other instrument may legally describe a Unit by its identifying address (i.e., either "1590 Silver
King Drive Unit" or "1592 Silver King Drive Unit ") followed by the words "RED BUTTE
TOWNHOMES."
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A sufficient description of a Unit may be as follows:
1590 Silver King Drive Unit, RED BUTTE TOWNHOMES, according to the
CONDOMINIUM MAP OF Red Butte Townhomes, recorded on
, 2010 as Reception No. , and as defined by
the CONDOMINIUM DECLARATION OF RED BUTTE TOWNHOMES,
recorded on , 2010, as Reception No. , both recorded
in the Office of the Clerk and Recorder of Pitkin County, Colorado.
This legal description shall be good and sufficient for all purposes to sell, convey,
transfer, encumber, or otherwise affect not only the Unit, but also the Common Elements
appurtenant to the Unit. The undivided interest in the Common Elements appurtenant to any
Unit shall be deemed conveyed or encumbered with that Unit, even though the legal description
and the instrument conveying or encumbering the Unit may only refer to that Unit.
2.6 Unit Boundaries. The vertical boundaries of the Units are depicted and described on the
Map. The Units share a common boundary, a portion of which includes the centerline of the
Party Wall as depicted on the Map. The vertical boundaries of the Units are comprised of the
common boundary line between the Units (a portion of which includes the centerline of the Party
Wall) is located, and the perimeter lot lines of the Property. The Units do not have any
horizontal boundaries, and each Unit includes all subsurface land and air space within the
vertical boundaries of the Unit (i.e., on its side of the common boundary line) as described above
and as depicted on the Map.
2.7 Inseparability of a Unit. An Owner's undivided interest in the Common Elements shall
not be separated from the Unit to which it is appurtenant and shall be deemed to be conveyed or
encumbered with the Unit even though the interest is not expressly mentioned or described in a
deed or other instrument.
2.8 No Partition. The Common Elements shall remain undivided and no Owner or any other
person shall bring any action for partition or division of the Common Elements. Similarly, no
action shall be brought for the physical partition or subdivision of a Unit between or among the
Owners thereof; provided, however, an action for partition of a Unit shall be permitted by a sale
and the division of the sale proceeds.
2.10 Compliance with the Provisions of the Project Documents. Each Owner shall comply
strictly with, and shall cause each of his, her or its Guests to comply strictly with, all of the
provisions of the Project Documents, as the same may be amended and supplemented from time
to time. Failure to comply with the Project Documents shall be grounds for an action to recover
sums due and for damages or injunctive relief or both, along with costs of suit and reasonable
attorneys' fees, maintainable by the Board or an affected Owner in the name of the Association,
or, in a proper case, directly by any aggrieved Owner.
2.11 Separate Taxation. Each Unit shall be a separate tax parcel and shall be subject to
separate assessment and taxation for all types of taxes and assessments authorized by law,
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including ad valorem levies and special assessments. The Common Elements shall not be
deemed to be a tax parcel. The lien for taxes assessed to any Unit shall be confined to that Unit.
No forfeiture or sale of any Unit for delinquent taxes, assessments or other governmental charges
shall divest or in any way affect the title to the other Unit.
2.12 Expansion or Redevelopment of Improvements on the Units.. At the time of the
recordation of this Declaration, the Property is improved with the Building as permitted by the
City of Aspen Land Use Code (the "Code "). If any additional floor area is available to be
constructed on the Property under the Code, then fifty percent (50 %) of that unused floor area is
hereby allocated to each Unit and neither Unit shall utilize more than its fifty percent (50 %)
share of the unused floor area. Subject to the preceding limitation, the Owners maintain the right
to seek any approvals allowed under the Code to permit additional floor area to be constructed.
An Owner shall not take any actions with the County that will affect the amount of floor area
allocated to the other Unit without the prior written approval of the other Owner.
2.13 Mechanic's Liens Against the Units. Mechanic's liens may only arise or be created
against a Unit in the same manner and under the same conditions as mechanic's liens may arise
or be created upon any other parcel of real property subject to individual ownership. Labor
performed or materials furnished to a particular Unit, with the consent or at the request of the
Owner of that Unit or his or her agent, shall not be the basis for the filing of a mechanic's lien
pursuant to law against the other Unit. Labor performed or materials furnished for the Common
Elements, if duly authorized by the Board of Directors in accordance with this Declaration, shall
be deemed to be performed or furnished with the express consent of all Owners, and shall be the
basis for the filing of a mechanic's lien pursuant to law against both of the Units within the
Common Interest Community.
In the event a mechanic's lien is properly recorded against both Units, the Owners of
each of the separate Units may remove their Unit from the mechanic's lien by payment of 50%
of the amount claimed. Upon payment, discharge or other satisfaction, the Unit shall promptly
be released from the lien. Partial payment, satisfaction or discharge shall not prevent the lienor
from proceeding to enforce his or her rights against any Unit not so released.
SECTION THREE: EASEMENTS
3.1 Easements Generally. The Common Interest Community is subject to all easements as
shown or created on the Map, those of record, those provided in the Act and those set forth in
this Section and other provisions of this Declaration.
3.2 Common Driveway. Each Owner shall have a non - exclusive easement in and over the
portion of the "Common Driveway" depicted on the Map which is located on the other Owner's
Unit for purposes of access to and from the Units to and from Silver King Drive.
3.3 Utility Easements. There is hereby created and granted for the benefit of utility
companies providing utility service to the Common Interest Community, the Owners of the Units
and the Association, easements on, over, in, under, and through the Common Interest
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Community in those areas designated as utility easements on the Map, if any, for those utility
purposes as are set forth on the Map for the installation, replacement, repair, operation and
maintenance of utilities. The utility easements shall include a right of access from the surface.
Any damage to the surface of any utility easement that results as a result of the installation,
replacement, repair, operation and maintenance of utilities shall be repaired at the cost of the
Owner conducting the installation, replacement, repair, operation and maintenance of the
utilities. All utilities, to the extent permitted by the applicable utility provider, shall be located
underground in accordance with applicable laws and shall not interfere with the reasonable use
of the surface of the easement. All utilities serving a Unit shall be located within the public right
of way, a utility easement designated for such utilities on the Map, or within the Unit being
served by the particular utilities. No Owner shall tamper with any utility lines or connections, or
alter them in any way, or undertake any work that would jeopardize or interfere with any utilities
serving the other Unit.
3.4 Owner's Easement for Support and Utilities. Each Owner shall have a non - exclusive
easement in and over the Common Elements within the Common Interest Community, including
the Party Wall, for horizontal and lateral support of the Owner's Unit and the improvements
thereon, and for utility service to the Unit, including but not limited to water, sewer, gas,
electricity, telephone, cable and high speed internet service.
3.5 Easements for Encroachments. If any part of the Common Elements encroaches or shall
hereafter encroach upon a Unit, an easement is hereby established for the existence and
maintenance of the encroachment. The encroachment easement shall be in effect for whatever
period of time the encroachment exists. Encroachments referred to herein include, but are not
limited to, unintentional encroachments caused by error in the original construction of the
Building, by error in the Map, by settling, rising, or shifting of the earth, or by changes in
position caused by repair or reconstruction of the Common Interest Community or any part
thereof or by any other movement of any portion of the improvements located upon the Common
Interest Community. Notwithstanding the foregoing, the Association or any Owner shall not
intentionally cause an encroachment or cause the expansion of any encroachments currently or
hereinafter existing except as may be authorized in writing by the Board of Directors.
3.6 Easements in Units for Repair, Maintenance, and Emergencies. All Owners shall permit
a right of entry to the Board of Directors or any other person authorized by the Board of
Directors, whether the Owner is present or not, for access to and through each Unit as may be
necessary from time to time for the maintenance, repair, or replacement of any of the Common
Elements or for making emergency repairs necessary to prevent damage to the Common
Elements or to another Unit. Access in accordance with this Section 3.6 will be made to a Unit
only on a regular business day during regular business hours, after providing written notice at
least one (1) day in advance to the Owner and occupants of the Unit. In case of emergency,
entry may be made at any time provided that a reasonable effort according to the circumstances
is made to give notice of entry to the Owner and occupants of the Unit. The Association or its
agents is granted the authority to use such reasonable force as is necessary to gain entry into a
Unit in the event of an emergency, if no other means of entry are available in view of the
circumstances. The Association shall bear the full responsibility and expense of all damages
incurred to the Unit and /or Common Elements because of such forcible entry. Notwithstanding
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the foregoing, if any such damage or the cause for need of maintenance or emergency repair is
the result of the carelessness or negligence of any Owner, then such Owner shall be solely
responsible for the costs of repairing such damage. In the event the Owner fails within a
reasonable time upon proper notice to pay the cost of the damages incurred, the Association or
the Owner of the other Unit may pay for the damages and charge the Owner responsible for such
costs.
3.7 Emergency Easements. A nonexclusive easement for ingress and egress is hereby
granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or
persons, now or hereafter servicing the Common Interest Community to enter upon the Common
Interest Community in the performance of their duties.
3.8 Mutual Common Elements Easements.
a. Perpetual Reciprocal Mutual Easements. There is hereby created, granted and
reserved for the use and benefit of the Owners perpetual, non - exclusive reciprocal easements for
the continued existence of the Common Elements, in their present location, and for the use,
enjoyment, maintenance, repair, preservation, restoration and replacement of the Common
Elements when necessary, together with and including a right of reasonable access, ingress and
egress over, upon and across both Units and the improvements thereon for such purposes.
b. No Damage or Alteration by Owners. Unless otherwise approved by both
Owners in writing, both Owners shall be and hereby are prohibited from destroying, damaging,
altering, relocating, repairing or replacing any of the Common Elements in any manner which
directly or indirectly impairs, interferes with or otherwise adversely affects the mutual function
and beneficial purpose thereof.
c. Maintenance of Mutual Easements. The Association shall maintain, repair and
replace the Common Elements as may be reasonably required from time to time, at the joint and
equal expense of the Owners. Either Owner, upon advanced written notice to the other, shall
have the right to cause to be performed such maintenance, repair or replacement work as may be
reasonably required from time to time in connection with the intended use of such Common
Element, and to pay for the same, and to bill the other Owner for fifty percent (50 %) of such
costs, or one hundred percent (100 %) thereof if the other Owner's negligence or intentional act
was the sole reason for such maintenance, repair or replacement work, subject to Section 6.9.
Any such bill not paid by an Owner within thirty (30) days of delivery of the bill shall bear
interest at the rate of eighteen percent (18 %) per annum from the date of mailing of the bill until
paid in full, and the billing Owner shall be entitled to an award of its reasonable attorneys' fees
and costs of collection if such Owner prevails in any such litigation to enforce such payment.
3.9 Recording Data Regarding Easements. Pursuant to § 38- 33.3- 205(1)(m) of the Act, the
recording data for recorded easements and licenses appurtenant to or included in the Common
Interest Community or to which any portion of the Common Interest Community is or may
become subject to are identified on the attached Exhibit B.
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SECTION FOUR: THE ASSOCIATION
4.1 Name. The name of the Association is RED BUTTE TOWNHOMES ASSOCIATION.
4.2 Purposes and Powers. The Association, through its Board of Directors, shall have all the
powers necessary or reasonable to effectuate the purposes, obligations and responsibilities of the
Association as may be set forth in this Declaration.
4.3 Board of Directors: Delegation Authority. The affairs of the Association shall be
managed by a Board of Directors, who may by resolution delegate authority to a Managing
Agent for the Association, provided no such delegation shall relieve the Board of final
responsibility. The Board of Directors shall be composed of two members. The Owner of each
Unit shall have the right to appoint one member of the Board of Directors. Each such member of
the Board of Directors shall serve until the earlier of he or she resigns or a replacement member
is appointed.
4.4 Membership. Members of the Association shall include every record Owner of a Unit
subject to this Declaration. Membership shall be appurtenant to and may not be separated from
ownership of any Unit. Ownership of a Unit shall be the sole qualification for such Membership.
Where more than one Person holds an interest in any Unit, all such Persons shall be Members,
provided however that such Members shall jointly exercise the one (1) vote allocated to such
Owners' Unit. The membership of the Association at all times shall consist exclusively of all
Owners or, following termination of the Common Interest Community, of all former Owners
entitled to distributions of the proceeds under § 38- 33.3 -218 of the Act, or their heirs, personal
representatives, successors or assigns.
4.5 Voting Rights. The vote for a Unit owned by more than one (1) Owner may be exercised
by any one of them unless an objection or protest by any other Owner is made in writing to the
other Unit Owner prior to the completion of the vote, in which case the vote for the Unit shall be
exercised as the Owners of the Unit shall determine between themselves. Should the joint
Owners of a Unit be unable, within a reasonable time (not to exceed 30 days), to agree upon how
they will vote any issue, they shall be passed over and the right for such Unit to vote on the issue
shall be lost.
4.6 No Period of Declarant Control. There is no "Period of Declarant Control" for this
Common Interest Community.
4.7 Budget. To the extent the Owners agree to incur any Common Expenses of the
Association for which the Association will collect Assessments (as defined below), the Board of
Directors shall comply with any applicable requirements for adopting a budget set forth in the
Act.
4.8 Association Agreements. Any agreement for professional management of the Common
Interest Community may not exceed one year. Any such agreement must provide for termination
by either party without cause and without payment of a termination fee or penalty upon thirty
(30) days written notice.
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4.9 Indemnification. Each officer or director of the Association shall be indemnified by the
Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by
or imposed on him or her in any proceeding to which he or she may be a party, or in which he or
she may become involved, by reason of him or her being or having been an officer or director of
the Association, or any settlements thereof, to the full extent permitted by Colorado law.
SECTION FIVE: ASSESSMENTS
5.1 No Assessments Except as Agreed to by the Owners. Each Owner is responsible for
maintaining and repairing and paying all expenses associated with the Owner's Unit (including
all improvements thereon) and an equal share of the costs to maintain the Common Elements.
The Owners may however agree to have the Association contract for and incur Common
Expenses and thereby have the Association adopt a budget and levy and collect assessments
( "Assessments ") for the purpose of funding such Common Expenses. If thereby Assessments are
made on the Units, the Association shall have all the rights to levy and collect Assessments,
including having an Assessment Lien, as set forth in the Act.
5.2 No Offsets. All Assessments shall be payable in the amounts specified in the levy
thereof, and no offsets or reduction thereof shall be permitted for any reason including, without
limitation, any claim that the Association or the Board of Directors is not properly exercising its
duties and powers under this Declaration.
SECTION SIX: RESTRICTIVE COVENANTS AND OBLIGATIONS
6.1 Nuisances and Offensive Activities. There shall be no noxious or offensive activities
conducted on, in, or upon any part of the Property, and no loud noises or noxious odors shall be
permitted to occur anywhere on the Property. Nothing shall be done on the Property that may be
or become an unreasonable annoyance or a nuisance to any other Owner or any Guest of any
Unit. Any Owner shall have the right to enforce the provisions of this Article by bringing suit at
law or in equity, or as otherwise provided by law. No Owner or Guest of any Unit shall permit
or cause anything to be done or kept on the Property which will increase the cost of insurance or
which will result in the cancellation of such insurance. Each Owner shall be accountable to the
other Owner for the uses and behavior of its Guests.
6.2 Structural Integrity. Nothing shall be done to any Unit or Common Elements that will
impair the structural integrity of any improvements on or within the other Unit unless prior
written unanimous authorization is obtained from the Owner(s) of the other Unit.
6.3 No Unsightliness; Trash Storage. No unsightliness or waste shall be permitted on or in
any part of the Property. Without limiting the generality of the foregoing, no Owner shall keep
or store anything on or in any portion of a Unit visible from the exterior of such Unit, including
but not limited to, skis, bicycles or exercise equipment, except for patio, deck and ancillary
outdoor furniture and furnishings; provided, however, that playground and outdoor sports
equipment may be kept on the Property in a neat condition and good repair with the consent of
the Owners (which consent shall not be unreasonably withheld) and under terms and conditions
reasonably agreed to by the Owners. All trash shall be stored by the Owners within the garage of
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r-
s ,
each Owner's respective Unit, or other designated and enclosed trash storage area, except on the
day of pickup.
6.4 Utilities. All water, sewer, gas, electrical, telephone, cable television and other utility
lines, pipes or other infrastructure shall be buried underground and shall not be carried on
overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain
disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner
causing the installation of the utilities no later than the next growing season following such
installation. Each Unit shall be separately metered, serviced, and billed for purposes of utilities.
6.5 Construction/Remodeling of Improvements on Units.
(a) Material Changes. Without the prior written consent of the other Owner, no
Owner shall: (a) make any changes or alterations of any type or kind to the exterior surfaces of
the portion of the Building located on such Owner's Unit, including any doors or windows, or (b)
make any modification or alteration to the appearance, exterior lighting, or color scheme of the
exterior of the portion of the Building located on such Owner's Unit, or (c) make any changes or
alterations of any type or kind to the landscaping of located on such Owner's Unit, in each case
that would be reasonably likely to materially and adversely affect the appearance of the Units
(each a "Material Change "). To the extent an Owner desires to remodel, rebuild or otherwise
reconstruct in any way the portion of the Building located on such Owner's Unit, or any portion
thereof, that would result in a Material Change, no such action may occur until such time as the
Owner desiring such action has submitted to the other Owner written notice of the proposed
Material Change in accordance with the notice provision set forth hereinafter together with
detailed plans with adequate information on the proposed size, materials, colors and other
significant maters related to the Material Change and received the approval of such plans by the
other Owner in writing. To the extent such plans are so submitted and no written response is
received within thirty (30) calendar days after providing the plans to the other Owner, such
proposed Material Change shall be deemed approved by the other Owner. If any Owner
provides written notice of disapproval of the plans so submitted within the 30 -day period, then
the Owner desiring to make the Material Change shall not be permitted to make the Material
Change described in the plans; provided, however, such notice of disapproval shall reference
specific grounds for the disapproval such that the affected Owner may address any concerns and
re- request approval accordingly. In the event that the Owner desiring to make the Material
Change fails to comply with the provisions of this Section 6.5(a), the other Owner shall have all
remedies available at law, in equity, and /or under this Declaration, subject to the mandatory
arbitration provisions of Section 11 hereof.
(b) Non - Material Changes. An Owner may (a) make a change or alteration to the
exterior surfaces of such Owner's Unit, including any doors or windows, or (b) modify or alter
the appearance or color scheme of the exterior of such Owner's Unit without the prior consent of
the other Owner so long as such change or alteration would not be reasonably likely to materially
and adversely affect the appearance of the Units (a "Non- Material Change "). Nevertheless, at
least fifteen (15) calendar days prior to making any Non - Material Change, the Owner proposing
the work shall provide the other Owner with notice of the proposed Non - Material Change in
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accordance with the notice provision set forth hereinafter together with detailed plans with
adequate information on the proposed size, materials, colors and other significant maters related
to the Non - Material Change. If any Owner reasonably believes that the change proposed in the
plans is actually a Material Change, rather than a Non - Material Change, which such Owner
disapproves, then such Owner shall provide written notice ( "Notice of Disagreement ") of such
disapproval to the other Owner within seven (7) calendar days of receipt of the proposed plans in
accordance with the notice provision set forth hereinafter. If a Notice of Disagreement is
received, the Owner desiring to make the Non - Material Change shall not make the Non - Material
Change described in the plans unless and until such time as the arbitration referenced under
Section 6.5(c) below has concluded and the decision of the Independent Architect permits the
Non - Material Change to be executed. In the event that the Owner desiring to make the Non -
Material Change fails to comply with the provisions of this Section 6.5(b), the other Owner shall
have all remedies available at law, in equity, or under this Declaration.
(c) Disagreement over Changes. If the Owners disagree over whether any proposed
change or alteration would be a Material Change or a Non - Material Change, then the
disagreement shall be resolved by binding arbitration pursuant to the following provisions. The
Owners shall agree within seven (7) calendar days of receipt by an Owner of a Notice of
Disagreement on a neutral, independent architect with at least 10 years of experience designing
high -end residences within the Aspen/Pitkin County market and who is willing to act as the
arbitrator between the Owners (the "Independent Architect "). If the parties cannot agree on the
Independent Architect, the parties shall have the Independent Architect appointed by the current
president of the Aspen Board of Realtors. Within ten (10) calendar days after the Independent
Architect has been chosen, the Owners will provide the Independent Architect with a copy of the
plans for the proposed change or alteration and each Owner will provide the Independent
Architect with a written position statement explaining why such Owner believes the proposed
change or alteration is a Material Change or a Non - Material Change. The Owners will instruct
the Independent Architect to make a written decision within ten (10) calendar days thereafter.
The decision of the Independent Architect as to whether the proposed change is a Material
Change or a Non - Material Change shall be final and binding on the Owners. The Owners shall
evenly split the fee charged by the Independent Architect.
(d) General Requirements. Any and all construction or reconstruction undertaken in
connection with the Units shall be subject to and in accordance with all Project Documents, City
of Aspen land use rules and regulations, and any and all other applicable state or local codes,
rules or regulations.
6.6 Maintenance of Units. Each Owner shall, at such Owner's sole cost and expense (subject
to the other terms of this Declaration): (i) insure and keep and maintain in a safe condition and
reasonably good repair the improvements located within such Owner's Unit; (ii) replace any
exterior finishing or other materials removed with materials of a similar type, kind, and quality;
(iii) maintain in a safe condition and in reasonably good repair the interior of such Owner's Unit
visible from the exterior of such Unit, including the fixtures, doors and windows thereof, the
improvements affixed thereto, and that portion of the roof serving such Unit; (iv) maintain in a
reasonably neat and clean condition all the decks, yard, landscaping, porches, roof, balconies and
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r
patio located within such Owner's Unit.
6.7 Fencing. Either Owner may construct a fence along the common boundary separating the
rear yard areas of 1590 Silver King Drive Unit and 1592 Silver King Drive Unit; provided,
however, the materials, height and location of such fencing shall be mutually and reasonably
approved by both Owners prior to the installation thereof. No fencing shall impede the views
enjoyed by either Owner from their respective Units. No chain -link or barb -wire fencing shall be
allowed.
6.8 Pets. No animals, livestock, poultry or pigs of any kind shall be raised, bred or kept on
either of the Units; provided, however, the Owners may keep dogs, cats and other household pets
so long as they are not kept, bred or maintained for any commercial purposes and are not a
nuisance.
6.9 Indemnity. Subject to Section 7.3, each Owner of a Unit will be liable to and will
protect, defend, indemnify and hold harmless the Association and any Owner of the other Unit
from and against any and all damages, claims, demands, liens (including, without limitation,
mechanics' and materialmen's liens and claims), losses, costs and expenses (including, without
limitation, reasonable attorneys' fees, court costs and other expenses of litigation) and liabilities
of any kind or nature whatsoever (collectively referred to as "Claims ") suffered or incurred by,
or threatened or asserted against, the Association or any such other Owner as a result of or in
connection with (a) the willful misconduct, recklessness, negligence or breach of the Act, other
laws or the Project Documents by the indemnifying Owner or its Guests; (b) any repair,
restoration, replacement, alteration or other construction, demolition, installation or removal
work on or about the Common Interest Community contracted for, or performed by, the
indemnifying Owner or its Guests; or (c) the operation, use, ownership or maintenance of the
indemnifying Owner's Unit by the indemnifying Owner or its Guests. Nothing contained in this
Section will be construed to provide for any indemnification which violates applicable laws,
voids any or all of the provisions of this Section or negates, abridges, eliminates or otherwise
reduces any other indemnification or right which the Association or the Owners have by law.
SECTION SEVEN: INSURANCE
7.1 Insurance to be Maintained by Owners. Each Owner shall maintain casualty and property
damage insurance for the full replacement costs of the insurable improvements within its Unit
and such Owner's undivided interest in the Party Wall and any other insurable Common
Elements. Such insurance shall include an inflation guard endorsement and shall be written with
an insurance company licensed to do business in the State of Colorado.
7.2 Insurance to be Maintained by Association. The Association may obtain and maintain
such Liability insurance and other insurance coverage as the Board of Directors, in the exercise of
its reasonable business judgment, deems advisable. To the extent any insurable portions of the
Common Elements are not covered by the property /hazard insurance carried by the Owners, then
the Association shall obtain and maintain property insurance covering those Common Elements,
in amounts and with coverage determined by the Board of Directors.
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7.3 Waiver of Claims. No Owner will make any claim against the Association, its directors,
officers, employees or agents, or any other Owner or its Guests for any property loss or damage
to property, and all such claims are hereby waived, to the extent that the loss, damage, injury or
liability is or would be covered by any property insurance policy that is required under this
Declaration to be maintained by or for the benefit of the waiving Owner (assuming that such
insurance policy is maintained on a 100% replacement cost basis). For purposes of this Section
7.3, the deductible or self insured retention amount under any property insurance policy required
to be, or in fact, maintained by a waiving Owner is deemed to be covered by the policy so that, in
addition to waiving claims for amounts in excess of the deductible or self insured retention (up to
the covered limits, or deemed covered limits, of the policy), the waiving Owner waives all claims
for amounts within the deductible or self insured retention.
SECTION EIGHT: REPAIR AND RECONSTRUCTION UPON DAMAGE OR
DESTRUCTION AND CONDEMNATION
8.1 Duty to Repair and Reconstruct. Any portion of the Common Elements that is damaged
or destroyed that is covered by insurance carried by the Association must be repaired or
reconstructed promptly by the Association, subject to the provisions of § 38- 33.3 -313 of the Act
and this Declaration. The Board of Directors or its agents shall represent the Owners as their
attorney -in -fact in all proceedings, negotiations and agreements with the insurance companies for
the settlement of any insurance claim for any part of the Common Elements covered by
insurance carried by the Association. If the insurance proceeds with respect to the damage or
destruction are insufficient to repair and reconstruct the damage for a claim that is covered by
insurance carried by the Association, the Board of Directors shall levy an Assessment as may be
agreed to by the Owners and shall proceed to make such repairs or perform such reconstruction.
An Owner shall deal directly with the insurance company in all proceedings, negotiations and
agreements for the settlement of any insurance claim for damage to the Owner's Unit covered by
insurance carried by the Owner. To the extent the casualty causes damages to both Units, the
Owners shall cooperate and consult with each other in regard to their claims with their respective
insurance companies. If the insurance proceeds with respect to the damage or destruction are
insufficient to repair and reconstruct the damage for a claim that is covered by insurance carried
by an Owner, that Owner shall be responsible to pay such additional amounts as necessary to
repair and reconstruct the damaged portions of the Unit(s), subject to Section 6.9.
8.2 Plans. The Common Elements shall be repaired and restored in accordance with the
original plans and specifications providing for the construction of the Building and its related
improvements on the Property, or other plans and specifications that have been reasonably
approved by both Owners.
8.3 Condemnation. The Owners shall participate directly in any negotiations, settlements
and /or agreements with condemning authorities for the condemnation of any part of the Units or
the Common Elements. All compensation, damage, or other proceeds therefrom shall be payable
to the Owners and the holders of Security Interests against the Units as their interests may
appear.
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SECTION NINE: BOOKS AND RECORDS
Owners and their mortgagees shall have the right to examine the books and records of the
Association at the office of the Association in accordance with the Act.
SECTION TEN: DEADLOCKS
10.1 Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" made
by a member of the Board to the other member of the Board after a formal vote in which one
member of the Board votes for or against a proposition and the other member votes differently or
refuses to vote, concerning any decision for which a decision by the Board is required (not
merely permitted) pursuant to this Declaration or the Act.
10.2 Breaking a Deadlock. In the event of a Deadlock, the Board shall take another vote on
the proposition. If that vote is not unanimous, then a decision that resolves the Deadlock issue
shall be made by a person (the "Arbitrator ") appointed for that purpose by the members of the
Board, if they can so agree within five (5) business days, or thereafter at the request of either
member of the Board, by the then - current president of the Aspen Board of Realtors. Each
member of the Board shall submit to the Arbitrator a written proposal to resolve the Deadlock
within ten (10) business days after the appointment of the Arbitrator. The Arbitrator shall have
not less than five (5) years' experience in commercial property management, shall not be related
to or under common ownership or control with the owner(s) of either Owner, shall make a
decision in good faith and using reasonable judgment but only by selecting the entire proposal
submitted by one of the Board members, and shall allocate the costs of the proceeding to one
Owner or between them both, as the Arbitrator deems fair and reasonable. If the president of the
Aspen Board of Realtors fails or refuses to make such appointment, or if the person so appointed
fails or refuses to act, then either member of the Board shall have the right to petition the chief
judge of the Pitkin County District Court to appoint such person.
SECTION ELEVEN: DISPUTE RESOLUTION
For all disputes arising from this Declaration which are not the result of a "Deadlock" as
described in Section 10 above, and that could be raised as claims or defenses in a court of law
shall be resolved through mediation and binding arbitration conducted in Aspen, Colorado by the
Denver, Colorado office of the American Arbitration Association in accordance with its Real
Estate Industry Arbitration Rules (including a Mediation Alternative). The foregoing is an
agreement to arbitrate pursuant to the terms of the Colorado Uniform Arbitration Act, C.R.S. §§
13 -22 -201 et seq. and may be enforced as such. The prevailing party in any such arbitration
shall be entitled to receive from the non - prevailing, in addition to any other award or relief
granted, an award equal to all of its reasonable expenses and fees, including attorneys' fees and
costs, incurred in the course of such dispute.
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SECTION TWELVE: DURATION, AMENDMENT AND TERMINATION OF THE
DECLARATION
12.1 Duration. The covenants, conditions, and restrictions of this Declaration shall run with
and bind the land in perpetuity unless this Declaration is terminated in accordance with Section
12.3 below.
12.2 Amendments by Owners. Except for amendments that may be executed by the Board of
Directors pursuant to this Declaration, this Declaration, including the Map, may be amended
only by written agreement of Owners representing one hundred percent (100 %) of the votes in
the Association. An amendment to the Declaration shall be effective only on the recording of the
amendment that has been signed by the requisite Owners, in the Office of the Clerk and Recorder
of Pitkin County, Colorado. Signatures of Owners on the amendment shall be notarized.
12.3 Termination. The Common Interest Community may be terminated only in accordance
with the requirements of the Act. The proceeds from the sale of real estate and any other assets
of the Association shall be held by the Board of Directors as trustee for the Owners and holders
of Security Interests on the Units as their interests may appear in accordance with the Act.
SECTION THIRTEEN: PARTY WALL AGREEMENT
13.1 Creation of Party Wall. The Units share a common wall located substantially along the
property line between the 1590 Silver King Drive Unit and the 1592 Silver King Drive Unit
which separates the Units and constitutes the Party Wall. The rights and obligations of the
Owners with regard to the Party Wall shall be governed by the provisions of this Section
Thirteen.
13.2 Easement for Encroachment. Mutual reciprocal easements are hereby established,
declared and granted for any encroachment of the Party Wall onto either of the 1590 Silver King
Drive Unit or the 1592 Silver King Drive Unit which reciprocal easements shall be governed by
this Declaration. Every deed to a Unit, whether or not expressly so stating, shall be deemed to
convey and be subject to such reciprocal easements.
13.3 Maintenance and Repair. No Owner shall do any act which would cause damage to or
impair the structural integrity of the Party Wall. The cost of reasonable repair to maintain the
structural integrity of the Party Wall shall be shared by the Owners equally. If an Owner fails to
repair or maintain the structural integrity of his /her /its portion of the Party Wall, the other
Owner, may provide such defaulting Owner written notice of the failure and provide such Owner
a reasonable period of time not exceeding 30 days in which to cure such default. If the
defaulting Owner fails to cure the default within such time period the non - defaulting Owner may
undertake such repair and for such purpose may enter upon the Unit of the defaulting Owner
without liability therefor except for damage resulting from the willful misconduct of such Owner
or its authorized representatives.
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13.4 Damage by Fire or Casualty. If the Party Wall or any portion thereof is destroyed or
damaged by fire or other casualty, the Owners shall restore it and they shall contribute equally to
the cost of restoration thereof without prejudice, however, to the right of each Owner to call for a
larger contribution from the other under any rule of law regarding liability for negligent or
willful acts or omissions. The right of any Owner to contribution from any other Owner
hereunder shall run with and be appurtenant to the land and shall pass to such Owner's
successors in title. An Owner who by his or her negligent or willful act causes the Party Wall to
be exposed to the elements shall bear the entire cost of furnishing the necessary protection
against such elements.
13.5 General Rules of Law to Apply. To the extent not inconsistent with the provisions of this
Declaration, the general rules of law regarding party walls and liability for property damage due
to negligence or willful acts or omissions shall apply to the Party Wall and to the interpretation
of this Declaration.
SECTION FOURTEEN: CITY OF ASPEN LAND USE CODE REQUIREMENTS
14.1 The Common Interest Community created is a Condominium as described in the Act.
14.2 The creation of this Common interest community does not constitute a legal subdivision
of land pursuant to the City of Aspen Land Use Code. The separate ownership interests do not
result in the creation of separate, legal lots or parcels under the City of Aspen Land Use Code.
14.3 Any alteration, change, expansion modification of any structure in this Common Interest
Community or timeshares may require the approval of the City of Aspen.
14.4 The partition of any interest in this Common Interest Community or timeshare is
prohibited. By becoming part of this Common Interest Community, any right to maintain legal
partition action is forever waived. In the case where a court may allows a partition action in a
Common Interest Community, the interested party agrees that a partition action constitutes an
evasion of the City of Aspen subdivision regulations and agrees to be bound by all provision of
the City of Aspen Land Use Code relating to subdivision.
SECTION FIFTEEN: GENERAL PROVISIONS
15.1 Successors and Assigns. This Declaration shall be binding on and shall inure to the
benefit of the Association and each Owner, and the heirs, personal representatives, successors
and assigns of each of them.
15.2 Severability. If any part of any provision of this Declaration shall be invalid or
unenforceable under applicable law, the part shall be ineffective to the extent such invalidity or
unenforceability only, without in any way affecting the remaining parts of the provision or the
remaining provisions of this Declaration.
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15.3 No Waiver. No provision contained in this Declaration shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same, irrespective of the number of
violations or breaches that may occur.
15.4 Notice. All notices or demands intended to be served upon an Owner shall be in writing
and sent to the address of record for real property tax assessment notices with respect to the
receiving Owner's Unit, and such notice shall be deemed received (a) within the same business
day when personally delivered, by courier or private service delivery; (b) ten (10) days after
having been deposited in a U.S. Postal Service depository and sent by registered or certified
mail, return receipt requested, with all required postage prepaid, and addressed; or (c) the next
business day after deposit with Federal Express or a similar overnight courier service, with
delivery charges prepaid for delivery on the next business day.
15.5 Conflict. Except where prohibited by the Act, if there is any conflict between the
Project Documents and the Act, the provisions of the Project Documents shall control.
15.6 Captions. The captions and headings in this Declaration are for convenience only and
shall not be considered in construing any provision of this Declaration.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the notarized
date given below.
SILVER KING REALTY PARTNERS, LLC, a
Colorado limited liability company
By: Shadow Mountain Partners, Inc., a Colorado
corporation as Manager
By:
Christopher J. Berry, President
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2010 by Christopher J. Berry, President of Shadow Mountain Partners, Inc., as Manager of Silver
King Realty Partners, LLC, a Colorado limited liability company.
My commission expires:
WITNESS my hand and official seal.
Notary Public
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BUS_RE \3554903.1
1
Lender's Consent
KNOW ALL PERSONS BY THESE PRESENTS that COMMUNITY BANKS OF
COLORADO, being a mortgagee of the herein described real property per the Deed of Trust
recorded November 7, 2007 as Reception No. 543890, of the real estate records of Pitkin
County, Colorado hereby consents to the recording of this Declaration and agrees that in the
event of any foreclosure of Lender's Deed of Trust, this Declaration shall remain in effect and
shall not be affected thereby.
COMMUNITY BANKS OF COLORADO
By:
Its:
STATE OF )
COUNTY OF )
the foregoing mortgagee's certificate was acknowledged before me this day of
, 2010, by as of Community
Banks of Colorado.
My commission expires:
Notary Public
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BUS _ RE\3554903.1
ire
EXHIBIT A
(Legal Description)
Lot 33, West Aspen Subdivision, Filing No. 2, According to the Plat thereof recorded September
4, 1968 in Plat Book 3 at Page 308.
All in Pitkin County, Colorado.
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EXHIBIT B
THE RECORDING DATA FOR RECORDED EASEMENTS, LICENSES
AND OTHER MATTERS WHICH THE COMMON INTEREST
COMMUNITY IS OR MAY BECOME SUBJECT TO:
Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same
be found to penetrate or intersect the subject property as reserved in the United States Patent
recorded February 8, 1955 in Book 180 at Page 334.
Easements, rights of way and other matters as set forth on the Plat of West Aspen Subdivision
recorded Plat Book 3 at Page 308.
Terms, conditions, obligations and provisions as contained in Annexation to the City of Aspen,
Colorado Map recorded June 26, 1970 in Plat Book 4 at Page 119.
Restrictions, which do not contain a forfeiture or reverter clause, (deleting any restrictions
indicating any preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin) as contained in the instrument recorded September 4,
1968 in Book 236 at Page 159.
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BUS _ RE\3554903.1
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c
Sara Adams
From: Kathy Strickland
Sent: Friday, October 22, 2010 11:04 AM
To: Sara Adams
Sara, here you are
10/22/10 West aspen subdivision lot 33 1590 silverking dr. bk94 page 99 574550
Kathleen Strickland
City of Aspen
Chief Deputy City Clerk, CMC
130 S. Galena
Aspen, Colo. 81611
970 - 429 -2687
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