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Home My WebLink AboutLand Use Case.815 Bonita Dr.0018.2011.ASLU0018.2011.ASLU 815 BONITA DR PARCEL 273512209024 SUBDIVISION EXEMPTION d 09" f lu) THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0018.2011.ASLU PARCEL ID NUMBER 2735 12 209 024 PROJECTS ADDRESS 815 BONITA DRIVE Â·PraA Mepardef- PLANNER -r-r-l.01--11~1-ri v ~ CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE HOLLAND AND HART DATE OF FINAL ACTION 601 .11 CLOSED BY ANGELA SCOREY ON: 06.24.11 .g: Pel- 42 2735~122090,5(p Ble Bdit Record NÂ®gate Fgrm Repor; Fgmat Iab WIP ~ i#@* I ,/ 4-8~ji 420 3 0 d.1 iIi 1 , 4 0 j i lump 1 i *Ii 0 lei X2tl@ 33 J ,/i/.2/30 J#9/ & Routing Status JFees JFee SummarY ~U~~ &dbrz Attachments kouting Estory kallation ~ Archling |Custom Fields 15Â® Pemits <Parceb | kt Er @ P,nit type aslu Aspen Larld lIse | Permt # 0018.2011.ASLU - I Address 815 BONITA DR Apt/5uke & . Cly ASPEN State ~ Up 81611 9 â€ž. Permit Information .514 Â°~:Mit.:11 -1 Â·r-*~~91~-,â€¢r Master permit Routhg queue |aslu01 ~ Appued 328/2011 project latlls pendng ~ Approved Descr*n SUBDIVISION EXEMPTION INCLUDES CONDOS 15gued # Ang ~ Submitted HOLLAND & HART, LLC clock ~unning~ Days ~---6~ Expires 3/222012 s Sub,rited Ra Owner Last name REYOCABLE TRUSLUTA First name GARRETT 2315 BROADNAY SAN FRANCISCO CA 94115 . f Phone (415)440-5154 Address j ]4 Il OwnerisapplicarIt? E COnt[8Ctor is Â®p|iCant? Last name HOLLAND & HART First name 600 E MAIN 104 Phone ( 3 - Cust# 27163 Addrez ASPEN CO 81611 Lender ~ Last name Fist name Phore ()- Address Di*sthepemillerde['s addess ,.wa,~..,6,#w*im.......,â€ž, .6*in,.= ,,w:.'.u~,s,,1.u.-i.i.:; * u.*â€ž.,AspenGdd5[selvel] angelis ~1011.JE 4 1 39 - 00 le - 1 4 1:r 2-1 56 1 1-t,uct 22_ * 900299/g 26*. E '9 1' â€¢eloN 110,no~ .O ~ Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, March 29, 2011 3:44 PM To: 'Thomas Todd' Subject: Lot 24, West Aspen Subdivision Hi Tom: The letter authorizing you to represent the Bouton Revocable Trust forthe condominiumization of the Bonita Way residences was not signed by the trust's representative. Can you get us a signed letter for the file at your earliest convenience? Thanks. Kind regards, Jennifer Jer,MILAr Phe/ANE AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 CONDOMINIUM MAP OF: THE RESIDENCES AT BONITA WAY LOT 24 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. ill-- . L. r . 1-1-1/ 4-If ; . 4.4,-Â·.... .Litz DECLARANT'S CERTIFICATE 1 _. ~ Â· ''4 + 1 42 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO KNOW ALL MEN BY THESE PRESENTS, that The Bout" Revocable Trust Under Agreement Dated MaÂ¥ 1, 2003, (hereinafter -Declarant), - ..4 4.---h.6..0, h N..Â»-iltiliÂ·, being the owner of certam real property situated in the Countv of Pitkin. State of Colorado, to wit: SHEET 1 OF 3 Lot 24 West Asper Subdivision, FOIng 1 according to the Final Plat thereof recorded September 5, 1967 in Plat Book 3 at Page 252 as 4 fri C.Il 1- . -40* s I;r.'.'11.2.-f.:406 Recept)01 No 128426 in the Office of the Clerk and Recorder of Pition County. Colorado {the Â·Property"3, . - ./ A///6 ..~ - f--t -r - PURPOSE STATEMENT: 31.4*61Â» -..<v*.p-Q6 Condornimum Dectaration of The Res,denca at Bonita Way, recorded on MAÂ¥' 27 2011 as Reception No 3%%7 (the A Condominumize Lot 24, West Aspen Subcihv,sion, Filing l "Declarition-) .9 . ' .7.-4 - ...1 <:Â©.:...224.--g?~~~~ $ \4 DECLARANTÂ· The Bouton Revocablepurt Under 4reement Dated May 1 2003 BY: Garrett F. Bouton Â»13.692 SHEET INDEX --=A -/-371~.9Â¢92*#rrisjUU As: -FROSTU SHEET 1 - CERTIFICATES, MAP NOTES, SURVEY NOTES AND CONTROL MAP STATE OF CALIFORNIA I SHEET 2 - UNIT AND COMMON ELEMENT LAYOUT . . C..: 7'â‚¬0~~%: AA. k:-: 7% n.?t ),1 SHEET 3 - ELEVATION VIEWS COUNTY OF SAN FRANCISCO! On 74 41 . before me, A#pu hebum# a Notary Pubk, personallÂ¥ appeared Garrett F. Bo/on . F... REBAP / C.P 2 ~Ilatle Trust under Agreement Dated May 1. 2003. A Lor, 1 ' * Orr OF â€žEl~ AIONâ€žENL G. liA HOP*INS * 1,ENT El L~ 0' -179-J.~f; 2 -'t;f...~J<,7=73-f.r. 4 Who proved to fne on the basis of satisfactory evlcience to be the person whose name 15 subscribed to the within instrument and acknowledge to me that he e:ecuted the same / his al,thorized capacitv, and that by his ggnature on the Instrument the pe~on or the entity upon behalf of wh,ch the person acted executed the instrument -1-1 40 - --- 1ET 20 1 certify under PENALTY OF PERJURY under the laws of the State of Cal:fornia that the foregoing paragraph G true and correct TITU CERIFICATE VICINITY MAP /\ The undersigned, a duly-awthorlzed representative of Stewart Title Guarant, Company, a trtie company re'stered to do wrâ„¢ ! 11 DOX//223 / . ..1. - -1 11 1 .. 1 --1 - .1 - 1.1. 1 ..1 11 1 Property, free and dear of d monetary liensand encumbrances e*cept those identified in the Title'Commitment issued / I uwa *1 , . bv Stewart TItle Guaranty Cornpam under Order No 46069-(4, effie- date April 24,2007 My dlmon expires: 5Ar( 10,2011 71 \\\\\790 Although we believe the facts stated on this Map are true. this Certikate 5 rot ukbe construed as //1 abstract of title, 1 um, 8/ Nk nor an opinion oftme. nora bium of title. and n s undemood and ~reed that6/6Â·6#twiee-It,&*rether assumes nor vall beÂ»rged vvith anY f,ranclal obl,lation or hability /41/tioever on anv staternem contained heren. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL Â£0, 23 >Â© r / -122 1- twed<+ VolÂ»Â£ REB..... 3 ~Â»<4 '0/ 22 This Condornin,urn Â¥al of The Residences at Bonita Way was approved by The City of Aspen Department of Community C~P LS. 131- FOUNP AEE- * iN *Jty t Â·lo,L-4 ASPEN CAP LE I. K tklyuVV\32 Coll 0 11 Date:~d'z. 1.. 1/1'.2. Communit, Development Director COURSE Address: 620 E Hopkins CITY ENGINEERS APPROVAL Aspen, Colorado 81611 CONTROL MAP \ This Coodorninlum Map of The Res,dences at Bonita Way, shown hereon. was approved bÂ¥ the Citv Engineer of The Clty of Npen -1. \ this _]L day of 10.* 2011- STATE OF COLORADO) .. *0= \ ---7 COUNTY OF Prâ„¢IN ) C~â„¢a *%. REBAR / AU....,1 C,IP ~~~----Zh. - --' The foregoil, Certificate was subsaibed and sworn to before me this 2 day of JÂ»i<,20.4., by LIENHOLDERS SUBORDINATION NOTES .S /8.50 HfÂ»'ICÂ»~~/ -EST ./ (,h.,1. 8 D/r.â€žs prÂ·uu ./4 of Stewart â„¢e Guayantr C../// '990 arr . A.EN The unders,ned. beil the heide of a hen on the herein described propert, pursuant to a Deed of Trust recorded as Reception No 555135 in the 1) Date of Suriey October 2009, january & luly 2010. (xÂ»,Yll./. â€¢ON-D,TS ' 1 .. 1-1--' - . 1. 1. Â»E.4/ I .0./.u. C.' WItness my hand and ofhaa) seal. and hereby subordinates the lien of said Deed of Trust to the matters set forth herein. 21 Date of Preparation: December 2009 - November 2010 P n Datedthi~diyof_~ 208 1; ..fl 1 3) Baws of Bearing: A beanng of S 37~54'00- W from the Eastery , %=Haâ€žÂ«..+ 1 'mt.11,4/6#*Jn comer of lot 24, monumented bra found rebar and cap LS. #7160 Northern Trust ,%4Â·Â»* and the Southefâ€¢y corner of Lot 24, monumented by a found!rebaf and cap LS #7168 . 1 . C.-1. E..$.0. SURVEYOR'S CERTIFICATE 4) Basis of Survey. The Plat of West Aspen Subdiv;,Iiabhng Nic. 1, Its. . 1. Mark S. aed,leâ€¢, a registered land sur-yor. do heret, certify that I h- prepared this Land Condom,nium Map of recorded September 5, 1967,n Book 3 at page 252 as Reception No. 128426, various documents of record, and the found rnonumenn, 1 % The Residences 't eorifta /1/: that the location and d,mens,ons af each Un,t and that Unit's identity// number the STATEOFCADFORNIA ) )SS- location =13 d,rnens,ons of the Common Element, are accuratelvard correctv shown herein; thmt tke same Es based 53 Sopm Engineenng, L LC (SE) 26,1 on the Stewart Title Guarantv COUNTY OF SAN FRANCISCO) Comparry TRk Commitment Issued under Order No. 46069-C4 on held sur-vs performed under mv superwision on 4 28,2010; th# this Condomn- Map meets the On , Â· befofe me. - ~ a Notary Publ:c, persc*,214, ippeared with an effect,ve date #April 24.2007 and the Plats des,nbed ''' ' '" -r .. '' "~' . 1 1 In Note 4 above for recorded Information regardiN rets of way, of the illformatlon required br CRS Section *33.3 209 of the Colorado Cornmon Interest O/nership Act. Pursuant easements @nd encumbrances in the prepar/bon of tlis Map Thts to CRS Sectioâ€¢ 38-33.3-201(2), 1 furthef certrfÂ¥ that d structural conâ€žonents ofall buildings contamin, or Map does nat constitute a title search by SE. 15.000. Recorded easements, r,hts-,0-wav and restrictions shown hereon ire the same as those set fort' in Section 6.) Bas= ofelevitionÂ· The 1998 Citvof Aspen Drexel Barrel control 2 of khedule B of the Title Commitment issued by Stewart Title GuarantÂ¥ Company under Order No 46069{4, -im Of Northern Tn,st diatum. v,hich is based on an elevation of 7720.88' (NAVI) 1988) an effecbve Ite It Apri~14,2007 on the NGS stabon .5 159- This e5tablished a 'te benchmark Who proved I me o~ the_ b~es 05/*factorrevidence to b, the personÂ¢~ whose narneetÂ®ae subscnbed to_the mtfun in$trument and with an elevation of 7857.5 feet, monumented by the found #5 ' Ij ' rebar & plastic cap LS. /7168 on the Easter& propertv corne, *AWL>- RECEPTION# .804SG. 06/10/2011 I of Lot 24 West Aspen Subd-s,on, as shown on Iheet Mark S Beckle, P.bi ' 28643 .:52-50 AMI 1 OF 3 R $31.00 Janice K 7) Site under construct,/nat time of sur,/v. Ve=Caudill. PitkinCounty,CO I certify under PENALTY OF PEFUURY under the laws of the State of California that the foregoing paragraph is true and correct. MML!!DIES Mn, 41-oll PLATIK 97 P. 16 M-rNESS,nvhaid and officialseal .......U 11 The Residences at Bonita Way B sublect to the easements, rights of way and other matters 29 -th ACCERANCE FOR RECORDING * - C.*.. $et forth on the Plat of West Aspen SubdMS,On, Filng No 1 recorded September 5,1967 as ,Â· SEAL !: * &.../.CI'l SOPRIS ENGINEERING - LLC Recephor w Plat Book 3 at Page 252 of the Pitkin Countv records . ' This Land Condorn,Yum Map of The Res,deeges / Borrt@ Way is accepted for filing In the ofice of the Clerk and Notary Puble I.- E.,â€¢-0.120 lot' Re~;;e~L"*4 CountÂ¥, Colorado. th,s 2-nav of J-u u/. 2011. in Ptat Book 12 at Page lA as Recept,on No , CIVIL CONSULTANTS Mycommiss,on "piresÂ· ' ' 4 + 502 MAIN STREET, SU/TE A3 21 The Residences at Bonita Wa*,~ subject to the Condominium Dedaration of The Res,dences *Bonit@Wayrecordedthts.ZE_dayof trl,/2 .20Â£[as ReceptionNo..4-447 (the 1,0- == . C~~~O L- = I C--~ ./ .#AC,1 0-n ...rf ~FET I I. 1- #. .- .- CARBONDALE COLORADO 81623 .Declarato,17 1*6 4 . 6# (970) 704-0311 90 61 Recod-' 8~~rY ~EÂ»m ~-11 11~ DAI ~ CIN-IC~YICM -10*~ IE*Â¢Â»L -ze Uwaj'" 'â€¢~N-n-C-C Â¢1 1 3.61 CONDOMINIUM MAP OF: 647 f Il THE RESIDENCES AT BONITA WAÂ¥ LOT 24 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 3 GRAPHIC SCALE BONITA DRIVE J , :Dch - 10 . ..... lilli - -- E - 4 Fln: Â·Â· LEGEND - O -â„¢ PEDESTAL ELErymC W.JER S 2,1/I â€¢A-CLE I GIS Aâ‚¬73 m 0 8; 'Im ST, ~ CAP ./ 07~00 8 s.le ./.Now $.noN - ./.5 -0-I- .. eEMI .NDi./B-- O ... POST f LI I (3 0 OR.Ul I TEEPHCIE PEDESTAL 0 1 UNITS 17.162 s. ft UNIT A UNTT A ~r B I 01.256 acre BASEMENT LEVEL WALL- 26.3 EXTER,OR DIMENSION 71.012 sg. ft.=E i 0 253 ocrest (FROM ARCHITECTURAL PLANS) CURVE ~'ABLE LENCE RADrUS TANG~NT CHORD BEARENG DELTA 174.42 2001.77 57.. 174.37 SÂ¢7Â·28'24~ 4Â·59'33~ R e:7 4.g 200177 43.75 87.48 948-12'39/ 2'30'150 88.93 200177 ..47 86.93 S48-42'25-E 2-29'10 -=--% m - ___ . 1 -211 - - I == = 1 $ 1.-K..%* 0; mi - 1 4. \ t D.*I'l I i 1 -SDEN' LEÂ£ LOT 24 $ 22,174 sq. ft. W AL _ - 0.509 acres l c~ PA 7 w - *. + * Urr 23 C<*X' 0 C-â‚¬*4. 57CÂ»E CaL-' 1(n..)42 e 2,4.% f i= 206 -/0.1 W t 3 8 C' TIO MORY 23.I a Â· FoOD FRAME DUPLEX . 4 - \E a I/DRYSTACK STONE 2 1 .0 r n 8, b-.. lOt M i.r , 9 .%. 0 1.7 9 h 1% & I ZI'l'-i.,. 52 .=an ' 63 MAP NOTES .U 70 STORY ./ 31 64 5. 1) The exterior wrtical penrneter wall~,theair spice to a he,ght of WOOD FRAME DUPLEX 50 feet above the elevaion of the fmhed floor on the ma,n *evel of ... aEÂ¥. the rn,1,1 level of a Building. including the Buildif, foundaton. shall I Do-.I a Buildirl and the land to / depth of 20 feet below fin,sh,d floor of 243 'C 4 1 K mark the penmeter boundanes of a Unn a Ihown of, th,5 T Condominium Map and a. further def,ned and described in the - ~==j t. F-PL,42 1 Declaration. DEO' ADOâ‚¬ 265 - 2.3 2) The Units are subject to eagments for the ser,Ice utilltÂ¥ lines and 1 1 \ facilrties serving the Unrb and other easements as prov,ded / the 13.7 - 2,10' $ MINDO' 1~1Â£ Dedamton. 1 ' n.. sycl -no .Â£// ./4 J 3) See Paragraph 3 of the Declaration fora description of the i 0. that dn,dethe Units. obligations and responsibilitles associated with the common wais -- m LACI 1 4) AM areas North and Wat of the common wrwt bound-rare FLAG ly/,E ./no 1 si.' n-"' C~~ La. tip.) ---3 k appurten/m to Unit A; All areas South and East of the corâ„¢non unit B A.~E ~ boundary are appurtenint to Unit B. 92 51 Setbacks&Utilityeasementarefromtherecordplatofthelest Subdivlsion, Filing No. land the buiking permit submittal cfraw~,gs. - 1 1 94.89 71.77 FÂ©-Â® LB- .O 21.35' M a Fleâ€¢ S 44Â·51 Â·00- E 116 24' 6 S 52*06'00~ E F... RE'* .Â® J CAP LE Ble *Â»0-/ FOU'.'.BAA N. J CAP LS /31- SOPRIS ENGINEERING - LLC OVIL CONSULTANTS 502 MAIN STREET, SUITE A3 Â»47 11, Â¥2 1 1 1Â®nCE *-* . [XXO~,EX} LAI * i~ST (X~ -Â·y LE-Â£ CARBONDALE, COLORADO 81623 204 -=' -ry . cc~~,la~ ~DE â„¢,1.1 ~~ (9701 704-0311 w-, -r- 7- -1 * 1,~Â¥Ar... -n: u.... ,=, .-Al E- 9/goi 9 37.54'00- W N 44Â·10'00 E *77 f / U CONDOMINIUM MAP OF: THE RESIDENCES AT BONITA WAY D LOT 24 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY oF ASPEN, COUNTY OF PITIN, STATE OF COLORADO SHEET 3 OF 3 CHIMNEY ELEVATION 7899.30' CHIWNEY ELEVATION 7899.39' PEAK EI.EVATION 7898.32' t-1 n .. PEAK ELEVATION 7898.270 l~=__-P I[fENT= G [[Imimi-AN~- 4~ 4-EBZL----T9212FIF+ - 1.111 FINISHED FLOOR ELEVATION 7868.77 ~\ FINISHED FLOOR ELEVATION 7867 76 NORTH ELEVATION VIEW CHIâ€¢NEY MATION 7899.30 CHIMNEY ELEVATVON 7899.30' 619 M i==1 PEAK ELEVATION 7898.27 r= - PEAK ELEVANON 7898.32 - PEAK BEVATVON 7894 68 -- -DiONE 2 R.=IJ[#.mal:gi J.41*~ P-_, W E N Fil 1 1 1. m 00 1 1 1 J 1 WEST ELEVATiON VIEW . EAST ELEVATION VIEW UNIT A UNIT B CHIMNEY ELEVATION 7899 39' CHIMNEY ELEVATION 7899.30 PEAK ElEVAmON 7898.27 : CHIMMEY ELEÂ¥ 7897.78 PEAK ELEVATION 7898.32 /21!1-f Â«-11 -Â·--L A-u 0 1 PEAK ELEVATION 7894.68' 1===.1/1&\.,f,f]Flthw /:/lib= 1 -61.1 i kdu' 1 hgw--~-t#~--M /'I YELIPH~El 1~-11 - 1 1 I /.7/9/M.1 141 l A 1 1 m 000 ...\. 1-1 1 HORIZONTAL SCALE 1" =tO' .---------------~1_----1-----------J 1 1 1 : NOTES SOUTH ELEVATION VIEW 1) THE ELEVATIONS SHOWN HEREON INDICATE â„¢E HEIGHÂ·T AND LOCATION OF THE IMPROVEMENTS ON â„¢E PROPERTY. TMEY ARE NOT MEANT TO DEUNEATE OR LIMIT THE BOUNDARIES OF â„¢E UNITS WHICH ARE AS SET SOPRIS ENGINEERING - LLC UNIT A STRUCTURE FF TOP OF PlAVOOD = 7867.75 FORTH IN MAP NOTE 1 ON SHEET 2 AND ARE FURTHER DEFINED AND DESCRIBED IN THE DECLARATION UNIT B STRUCTURE FF TOP OF /1Â¥WOOD = 786~.72 OVIL CONSULTANTS BIASED ON 1998 CITY OF ASPEN DREXEL. BARREL CONTROL DATUM 2) PLAN & ELEVATION VIEWS ARE FROM ARCHITECTURAL DRAWINGS UPDATED Wlâ„¢ AS--BUILT DIMENSIONS AND 502 MAIN STREET, SUITE A3 NOâ„¢1 == . =-- Il ....IEÂ»05 -f LES,L ELEVATION INFORMATION. CARBONDALE, COLORADO 81623 bite,-99) -Se -~1 -Â·Â¥ DOECT . ne = . - -W,1 B 3) FF = ANISHED FLOOR ELEVAION AT ENTUNCE (970) 704-0311 REaPTION~..,~:an::'1~2*/Ta:'09'V::: A~ 3 OF 3. Janice K Vo, RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 1 OF 10, R $56.00 Janice K. Vos Caud' Pitkin County, CO CONDOMINIUM DECLARATION FOR RESIDENCES AT BONITA CONDOMINIUMS THIS CONDOMINIUM DECLARATION (the "Declaration") is made this 1 Of/1 day of 31 A e , 2011 by THE BOUTON REVOCABLE TRUST Under Agreement Dated May 1, 2003 (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner o f the RESIDENCES AT BONITA CONDOMINIUMS (the "Property"), as the same is set forth on the Land Condominium Map thereof recorded on -6 ne 1 0 , 2011 in Plat Book 9 9 at Page /A as Reception No. 680 45-6 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Map"); and WHEREAS, the Property is located entirely within the platted boundaries of what was formerly known and described as Lot 24, Filing No. 1, West Aspen Subdivision (the "Subdivision Plat") thereof recorded September 5, 1967 in Plat Book 3 at Page 252 as Reception No. 128426; and WHEREAS, the Property is improved with a two unit duplex residential dwelling and appurtenant land areas, which units are designated as Unit A and Unit B on the Map (Unit A and Unit B shall sometimes be collectively referred to herein as the "Units"); and WHEREAS, Declarant desires by this Declaration to establish the respective rights and obligations of Declarant and Declarant's successors in interest to a Unit or Units (who shall be hereinafter sometimes referred to individually as an "Owner" or collectively as the "Owners") with respect to the use, maintenance, repair, replacement and insuring of the Units, to provide for a reasonable allocation between the Owners of the common costs and expenses associated therewith, and to establish a procedure for billing and paying for such common expenses and for collecting the same (including interest) from a delinquent Owner. NOW, THEREFORE, for the purposes set forth above and herein, Declarant for itsel f and its successors and assigns hereby declares that the Units shall be owned, held, transferred, conveyed, sold, leased, encumbered, used, occupied, improved, altered, maintained and enjoyed subject to the covenants, conditions, easements, restrictions and other matters hereinafter set forth, all of which shall run with the title to the Units and be binding upon and inure to the benefit of the Owners, occupants and other persons having or acquiring from time to time any right, title or interest in or to either Unit or any part thereof, or any improvement thereon, and their respective heirs, personal representatives, successors and assigns. RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 2 OF 10, Janice K. Vos Caudill itkin County, CO 1. Subiect to Condominium Map. This Declaration, and the ownership, use, improvement and enjoyment of the Units, shall at all times be subject to and governed by the restrictions set forth on the Map, as said instrument may be amended from time to time. In the event of any conflict or inconsistency between the terms and provisions of this Declaration and the terms and provisions of the Map, the Map shall govern and control. 2. Decision Making and Dispute Resolution. All decisions, actions and controversies that may arise hereunder shall require unanimous agreement of both Unit Owners. In the event the Unit Owners cannot achieve unanimous agreement, and prior to resorting to litigation as contemplated in Paragraph 8(b) below, the Owners shall select and meet with a mediator in an effort to achieve resolution of the issue in controversy. The mediator shall be a member o f the Pitkin County, Colorado Bar Association with a practice specialty in real estate. If the parties cannot mutually agree on one mediator, then they may each select their own mediator, and those two mediators shall select a third mediator so as to create a three-member panel to hear the issue in controversy. In the event the mediation is unsuccessful, then an arbitrator shall be named by the three-person panel. The Owners, acting with the arbitrator, and in consultation with the three member panel, shall then resolve the dispute in accordance with the rules of the American Arbitration Association. All costs and fees of mediation and arbitration shall be shared equally between the Owners, unless the arbitrator determines that a party has substantially prevailed in the mediation and arbitration process, whereupon the arbitrator can re-apportion the fees and costs in an equitable manner as the Arbiter deems appropriate. All decisions of the arbitrator shall be complete, final and not subject to appeal. 3. Mutual Easements. The Property has been mapped as a land condominium, and as such, the Property does not have mapped common elements; however, the perimeter fence (i f any), the components of common sprinkler irrigation systems (i f any), the common underground utility easements, the common walls that divide the Units, and all other shared structural elements of the Units that are necessary for the continued existence, common support, integrity, preservation, protection, and/or enjoyment of both Units comprising the land condominium, including without limitation any shared roof, footings, floor joists, exterior walls and foundation, all shared utility systems, are considered to exist as mutual perpetual reciprocal easements for the use and benefit of both Units. a. Perpetual Reciprocal Mutual Easements. There is hereby created, granted and reserved for the use and benefit of the respective Unit Owners from time to time perpetual, non-exclusive reciprocal easements for the continued existence of areas and building improvements described above, in their present location, and for the use, enjoyment, maintenance, repair, preservation, restoration and replacement 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. 2 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 3 OF 10, Janice K. Vos Caudill itkin County, CO b. No Damage or Alteration bv Owners. Unless otherwise approved by both Unit Owners in writing, both Unit Owners shall be and hereby are prohibited from destroying, damaging, altering, relocating, repairing or replacing any of the items within the mutual easements 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 Unit Owners shall maintain, repair and replace the building improvements within the mutual easements as may be reasonably required from time to time, at their joint and equal expense. Such maintenance shall include, without limitation, any mutual landscaping area maintenance and upkeep that serves both Units. Each Unit Owner shall be responsible for maintaining the snow removal and general maintenance of each Unit Owner's driveway and walkway to a uniform, consistent and safe level of service, regardless of frequency o f occupancy or use of each Unit. Either Unit Owner shall have the right to cause to be performed such maintenance, repair or replacement work on the mutual easements as may be reasonably required from time to time by the circumstances, and to pay for the same, and to bill the other Unit Owner for fifty percent (50%) of such costs, or one hundred percent (100%) thereof i f the other Unit Owner's negligence or intentional act was the sole reason for such maintenance, repair or replacement work. Any such bill not paid by a Unit 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 Unit Owner shall be entitled to an award of its reasonable attorneys' fees and costs o f collection if such Owner prevails in any such litigation. Finally, the Unit Owner paying for the work shall be entitled to place a lien on the Unit of the Unit Owner failing to pay its share of the cost, for the amount of said defaulting Unit Owner's share of the repair, restoration or maintenance cost, as more specifically provided in Paragraph 7, below. In the event any building improvements within a mutual easement is damaged or destroyed from any cause other than the negligence or intentional act of a Unit Owner, the Unit Owners shall, at their joint and equal expense, repair or rebuild any such building improvements to their original condition as promptly as reasonably possible following the event of damage or destruction. If damage or destruction is caused by the negligence or intentional act of a Unit Owner, that Unit Owner shall promptly repair or rebuild the same at its sole cost. All such work shall be performed in a good and workmanlike manner, by qualified contractors, and in compliance with applicable laws, regulations and codes, and where necessary shall be made in accordance with plans and specifications prepared by a licensed Colorado architect or engineer. 4. Unit Boundaries. Those portions of the Property that are created for the exclusive use of each Unit are depicted on the Map. 3 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 4 OF 10, Janice K. Vos Caudill itkin County, CO a. Unit Boundarv Line. The area located westerly of that boundary line (the "Boundary") depicted and labeled on the Map as "Unit A Boundary" shall be for the exclusive use of the Owner of Unit A. The area located easterly of the Boundary depicted and labeled on the Map as "Unit B Boundary" shall be for the exclusive use of the Owner of Unit B. Unless otherwise set forth herein, no Owner shall be entitled to use such exclusive Unit area of the other Owner, as the same are separated by the Boundary, without the express written consent of the other Owner. Upon mutual agreement between the Owners, trees, shrubs, fencing or other privacy improvements may be installed on the center line of the Boundary, which improvements shall thereafter be considered General Common Elements and subject to equal expense sharing as set forth in Paragraph 2 above, in order to offset and separate each Unit's exclusive use area. The actual location of any landscaping or fencing element or structure installed along the Boundary shall not affect, modify or be deemed to vary the location of the Boundary as delineated on the Map, or the legal effect and consequence of such Boundary as provided herein. b. Maintenance of Building Improvements . In the absence of damage caused by the negligence or intentional act of the other Unit Owner, the repair, restoration or maintenance of any portion of a Unit shall be the sole responsibility of the Owner that such Unit. c. Easements Encumbering Unit Areas. As set forth on the Map, there are certain mutual easements that encumber certain areas of the Units. Such easements include utility easements as shown on the Map. Notwithstanding the foregoing, a valid easement over and under all of the Property areas, including the exclusive Unit use areas set forth above, shall and does exist for the benefit o f the Owners otherwise not entitled to use such area for purposes o f the installation and maintenance o f underground utility and infrastructure systems now or hereafter necessary to serve either or both Units. 5. Restrictions on Use. a. 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 occupant of any Unit. Any Owner shall have the right to enforce the provisions o f this Article by bringing suit at law or in equity, or as otherwise provided by law. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on the Property which wilI 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 tenants or guest. 4 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 5 OF 10, Janice K. Vos Caudill itkin County, CO b. Structural Integrity. Nothing shall be done to any Unit that will impair the structural integrity of any improvements on or within the other Unit unless prior written unanimous authorization is obtained from the other Owner. c. Restriction Upon Occupancy. Except as the Owners might otherwise agree, each Unit shall be used and occupied solely for residential purposes and no trade or business o f any kind may be conducted on, in, or upon any Unit. , Lease or rental of a Unit for lodging or residential purposes shall not be considered a violation of this covenant and is permissible. The maintenance o f a home office shall not be considered a violation of this restriction so long as the nature and conduct of the business complies with applicable local laws. d. 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 unenclosed portion of a Unit except for patio, deck and ancillary outdoor furniture and furnishings. No Owner shall have, erect, affix or place anything on a Unit (except for decorative items within the Owner's Unit), including without limitation satellite dishes, and nothing shall be placed on or in windows or doors of Units which would create an unsightly appearance. No wiring, television antennae, or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized this Declaration. All trash shall be stored by the Owners within the garage of each Owner's respective Unit. e. Leases. No Owner may lease less than that Owner's entire Unit, and all leases shall be in writing. All leases shall provide that the terms of the lease are subject, in all respects, to the provisions o f this Declaration, the laws of the City of Aspen, and any and all other applicable rules and regulations. f. 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 o f 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 Owner shall be responsible for arranging for provision o f utilities to their respective Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their respective Unit. It is anticipated that each Unit shall be separately metered, serviced, and billed for purposes of utilities. g. Animal Restrictions. No animals other than normal household pets shall be kept in or about the Units. No Owner shall at any time keep more than two (2) dogs or two (2) cats on their respective Unit. All dogs must be kenneled while outside and no construction workers or other service providers shall be allowed to bring dogs onto the Property. An Owner shall be absolutely liable to 5 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 6 OF 10, Janice K. Vos Caudill itkin County, CO the other Owner and their families and guests for any unreasonable noise, nuisance or damage to any person or property caused by any animal brought or kept on the Property by such Owner or by members o f his family or his guests. h. Construction/Remodeling of Units. Without the prior written consent o f the other Owner, no Owner shall: (a) make any changes or alterations of any type or kind to the exterior surfaces of the Units, including any doors or windows; (b) modi fy or alter the appearance or color scheme of the exterior of a Unit; or (c) modi fy or alter the surface o f the driveways and walkways as shown on the Map. To the extent an Owner desires to remodel, rebuild or otherwise reconstruct in any way the Owner's Unit or any portion thereof that would result in a change to the exterior of the Unit, no such action may occur until such time as the Owner desiring such action has submitted plans to the other Unit Owner and received the approval of such plans by the other Unit Owner in writing, which approval may not be unreasonably withheld. The plans shall be detailed and include adequate information on the proposed size, materials, colors and other significant matters related to the new construction. To the extent such plans are so submitted and no written response is received within thirty (30) days after providing the plans to the other Owner(s), such plans shall be deemed approved by the other Owner(s). Any and aIl construction or reconstruction undertaken in connection with the Units shall be subject to and in accordance with all applicable Declaration covenants, City of Aspen land use rules and regulations, and any and all other applicable state or local codes, rules or regulations. i. Maintenance of Units. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and the infrastructure located in such Owner's Unit, which serve that Unit exclusively; (ii) replace any finishing or other materials removed with materials of a similar type, kind, and quality; (iii) maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion of the roo f serving such Unit; (iv) maintain in a neat and clean condition all the decks, yard, porches, roof, balconies and patio areas associated with each Unit. j. Fencing. In addition to any perimeter fence, either Owner may construct a fence along the interior boundary separating the respective yard areas of Unit A and Unit B; provided, however, the materials, height and location of such fencing shall be mutually 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. No new or additional fencing shall be installed unless and until the Unit Owners achieve mutually agreement on all matters described herein. 6. Insurance. The Owners shall each obtain, maintain and keep in full force and effect at all times property insurance on the their respective Units for not less than the full insurable replacement cost thereof. Such insurance shall be for broad form 6 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 7 OF 10, Janice K. Vos Caudill itkin County, CO covered causes of loss, including casualty, fire, and extended coverage insurance including, if available at reasonable cost, coverage for vandalism and malicious mischie f and, i f available and if deemed appropriate, coverage for flood, earthquake, and war risk. If the Unit Owners collectively agree to do so, they shall also obtain, maintain and keep in full force and effect at all times comprehensive property hazard insurance on any portion of the Property not otherwise covered by each Unit Owner's separate broad form insurance described above. In addition, the Unit Owners may also obtain, maintain and keep in full force and effect a joint insurance policy or policies that covers or cover claims and liabilities arising in connection with the ownership, existence, use or occupancy of the Units and the improvements thereon, and covering public liability or claims for injury to persons and/or property, and death of any person or persons. Said liability insurance shall have such coverage limits and deductibles as the Unit Owners may determine from time to time. I f the Unit Owners do not agree to carry such liability insurance jointly, each Unit Owner shall obtain and pay for a comprehensive general liability insurance policy on that Unit Owner's Unit and the improvements thereon. The costs of carrying the above-described joint property and liability insurance, (ifjointly purchased) shall be shared equally by the Unit Owners; provided, however, that if the insurance rates are different for each Unit based on the value of improvements located on the respective Units, the Unit Owners shall pay that amount attributable to Owner's Unit based on such values. If a Unit Owner fails to pay its share o f a premium by the due date, the other Unit Owner shall have the right to pay such share and to bill the other Unit Owner therefor. Any such bill not paid by the other Unit Owner within 30 days of mailing the bill shall bear interest at the rate of 18 percent per annum from the date of mailing until paid in full, and the billing Unit Owner shall be entitled to an award of its reasonable attorneys' fees and costs if it files a civil action to collect the delinquent amount and prevails therein. Finally, the Unit Owner paying the premium shall be entitled to have a lien on the Unit of the Unit Owner failing to pay its share thereof, for the amount of said defaulting Unit Owner's share of the premium, as more specifically provided in Paragraph 6 below. Finally, each Owner shall maintain hazard insurance, personal property and liability insurance with respect to its Unit in such reasonable amounts as each Owner may desire from time to time, so as to complement and augment any and all insurance coverage maintained by the Unit Owners in common. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right o f recovery by way o f subrogation against other Owners in connection with any damage covered by any policy. 7. Lien Right. The lien described in Paragraphs 3(c) and 6 above shall be evidenced by a written notice, setting forth the details of the delinquent bill, which is signed and sworn to before a notary public by the Unit Owner claiming the lien, and which is recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. 7 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 8 OF 10, Janice K. Vos Caudill -itkin County, CO Said lien may be foreclosed in the same manner as mortgages are foreclosed under the laws of the State o f Colorado. Any such lien shall be subordinate only to the lien of the holder of a first mortgage or deed of trust and to liens for real estate taxes and other governmental assessments or charges against the Unit. If a Unit Owner initiates foreclosure proceedings in order to enforce lien rights created by this instrument, such Unit Owner shall be entitled to recover in that action all foreclosure costs including, without limitation, reasonable attorneys' fees. 8. General Provisions. a. Duration/Amendment o f Declaration. The term of this Declaration shall be perpetual. This Declaration may only be amended or revoked by mutual written agreement of both Unit Owners, executed, notarized and duly recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. For so long as Northern Trust remains a beneficiary o f the deed of trust currently encumbering the Property, no amendment or revocation of the Declaration shall be effective unless and until Northern Trust approves and consents to the same. b. Enforcement. Each of the covenants, obligations and undertakings in this Declaration to be performed by the respective Unit Owners is intended to and shall be deemed to be for the specific benefit of the other Unit Owner. Each Unit Owner shall have the right to interpret and/or enforce, by any proceeding at law or in equity, any or all o f the covenants, conditions, easements, restrictions, rights, obligations, liens and other provisions set forth in this Declaration. Such enforcement rights shall include without limitation the right to bring an action for any form of injunctive relief available under Colorado law (including specific performance), or an action for damages, or both. For any such action brought by an Owner, the substantially prevailing party shall awarded its reasonable attorneys' fees and costs incurred in connection therewith. c. No Subdivision. The execution and recordation of the Map and this Declaration constitute an exemption from the subdivision requirements of the City o f Aspen Land Use Code and the separate ownership interests in Unit A and Unit B shall not violate the City of Aspen Land Use Code. d. Subiect to City of Aspen Zoning Regulations. Any alteration, change, expansion, modification of any structure on the Property may require the approval of the City of Aspen. e. Partition. The partition of any interest in the Units is prohibited. The Declarant and Declarant's successors and assigns hereby forever waive any right to maintain a legal partition action of the Property or any portions o f the Units. In the case where a court may allow a partition action, the interested party agrees that a partition action constitutes an evasion o f City of Aspen Land Use Code relating to subdivision. 8 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 9 OF 10, Janice K. Vos Caudill itkin County, CO f. Applicability of Colorado Common Interest Ownership Act. Pursuant to Section 38.33.3-116(2) of the Colorado Common Interest Ownership Act, as amended (the "Act"), only Section 38-33.3-105 and Section 38-33.3-107 of the Act shall apply to the Property; no other Section of the Act shall apply. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. DECLARANT: THE BOUTON REVOCABLE TRUST UNDER AGREEMENT Dated May 1,2003 By: /~LA-~-31 (3aft Garrett F. Bouton, Trustee 9 RECEPTION#: 580457, 06/10/2011 at 09:52:59 AM, 10 OF 10, Janice K. Vos Caudill itkin County, CO STATE O~ [liA'lo 9 r ) SS. COUNTY OF \~ A 4-44-Ubc.6 ) 0 . The foregoing instrument was acknowledged before me this 24- day of r.1 #uu\ , 2011 by Garrett F. Bouton, Trustee of THE BOUTON REVOCABLE TRUST..bnder Agreement dated May 1,2003. Witness my hand and official seal. My commission expires: ~Bf 3â‚¬ 24 -2 ~ 0 09 Â» â€žf:f2Th. AARON ARGAND[~A ~~ Commission # 1863539 ,#3 Notary Public - California k~5557~ San Frarcisco County My Comm Expires Sep 30,2013 4789000_4.DOCX 10 'â€¢bANNA1 NNA1 mi Thomas J. Todd ttodd@hollandhart.com HOLLAND&HART ~ March 24,2011 VIA HAND DELIVERY Ms. Jessica Garrow, Planner City of Aspen County Development Department 130 South Galena Aspen, CO 81611 Re: Land Use Application for Condominiumization of Lot 24. West Aspen Subdivision, Filing 1. also known as 815 Bonita Drive. Aspen CO 81611 Dear Jessica: Pursuant to our pre-application conference summary, I enclose the following materials: 1. Check for $735.00 Deposit for Planning Fees. 2. Applicant's name, address, telephone number with authorization letter signed by Applicant. 3. Street address and legal description of the property, along with a letter from the undersigned, a Colorado licensed attorney, listing the name of the owner of the property and all mortgages, judgment, liens, easements, contracts and agreements affecting the property. 4. Completed Land Use Application. 5. Signed Fee Agreement. 6. Copy of Pre-Application Summary. 7. An 8-1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of Ownership (copy of Warranty Deed). Holland&Hart LLP Phone [970] 925-3476 Fax [970] 925-9367 www.hollandhart.com 600 East Main Street Suite 104 Aspen, CO 81611 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington. D.C. 6 HOLLAND&HART Ms. Jessica Garrow, Planner March 24, 2011 Page 2 9. Paper copies of an 8!4" x 11" as well as a full sized draft condominium map. 10. Copy of draft Condominium Declaration. Please contact the undersigned if you have any questions or need additional information Sincerely, Thomas J. T&ld of Holland & Hart LLP Enclosures 5065146_1.DOCX The Bouton Revocable Trust 2375 Broadway San Francisco, CA 94115 City o f Aspen Community Development Department 130 South Galena Aspen, CO 81611 Re: Authorization for Representative to Act on Land Use Application for Condominiumization of Lot 24, West Aspen Subdivision, Filing No. 1 (also known as 815 Bonita Drive, Aspen, CO) To Whom It May Concern: This letter shall serve to confirm that Thomas J. Todd of HoIIand & Hart LLP iS authorized to represent the undersigned in connection with the above-referenced land use application. Sincerely. The Bouton Revocable Trust Under Trust Agreement Dated May 1, 2003 By: Garrett F. Bouton, Trustee 5064740 1.DOCX Thomas J. Todd ttodd@hollandhart.com HOLLAND&HART ~ March 24,2011 Jessica Garrow, Planner City of Aspen Community Development Department 130 South Galena Aspen, CO 81611 Re: Status of Title and Proof of Applicant's Authority to Act for Lot 24, West Aspen Subdivision, Filing No. 1, also known as 815 Bonita Drive, Aspen, CO Dear Jessica: In connection with the pending land use application for the above-referenced property (the "Property") the undersigned, an attorney licensed in Colorado, has examined the title to the Property and as ofthis date, fee simple ownership of the property is vested in: The Bouton Revocable Trust Under Agreement Dated May 1, 2003 The Property is free and clear of all mortgages, judgments, liens, easements, contracts and agreements except for and subject to the following: 1. Deed of Trust for the use and benefit of Northern Trust recorded December 18, 2008 under Reception No. 555135 to secure repayment of a loan in the original principal amount of $8,000,000. 2. Water rights, claims or title to water. 3. Taxes for the year 2011 and subsequent years not yet due and payable. 4. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded September 5, 1967 in Plat Book 3 at Page 252 as Reception No. 128426, and West Aspen Annexation, recorded August 26, 1968 in Plat Book 3 at Page 306 as Reception No. 132019. 6. Terms, conditions and obligations as contained in Ordinance No. 28, by the City Council of the City of Aspen, as set forth in instrument recorded August 28, 1968, in Book 236 at Page 12 as Reception No. 132018. Holland&Hart LLP Phone [970] 925-3476 Fax [970] 925-9367 www.hollandhart.com 600 East Main Street Suite 104 Aspen, CO 81611 Aspen Billings Boise 80ulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. t, HOLLAND&HART. ~ Ms. Jessica Garrow, Planner March 24,2011 Page 2 Also attached to this letter is the Certificate of Trust Establishment and Trustee Authority dated as of May 1, 2003 evidencing Garrett F. Bouton's authority to act on behalf of the Trust in his capacity as Trustee. Please contact the undersigned i f you have any questions. Sincerely, Lil - Thomas J. TocM of Holland & Hart LLP 5065162_1.DOCX 02/03/2005 11:48 FAX 41578' 2 Northern Trust 2002/005 - L Â«'. CERTIFICATE OF TRUST ESTABLISHMENT AND 1 TRUSTEE AUTHORITY On May 1, 2003, GARRETT F. BOUTON and DIANA D. BOUTON (hereinafter referred to as "Grantors") as Grantors and GARRETT F. BOUTON and DIANA D. BOUTON as Trustees executed the Agreement establishing THE BOUTON REVOCABLE TRUST (hereinafter referred to as tile "Trust"), The undersigned Grantors and Trustee desire IO confirm the establishment of the Trust. This Certificate may be relied upon by anyone dealing with the - Grantors and Trustees of the Trust as evidence of the establishment of the Trust and the authority of the Trustees. 1. During the joint lives of Grantors, the Trust is fully revocable and may be - amended by them, and the property of the trust is held solely for their benefit. 1 2. Upon the death of a Grantor, the trust estate divides into a number of trusts for the benefir of the surviving Grantor and Granror' s descendants. The Survivor's Trust is for the sole benefit of the survivor during his or her lifetime and remains fully revocable by the survivor. 3. Pursuant to the provisions of Section 8.16 of the Trust, during Grantors' joint lives each of the original Co-Trustees has the power to bind the trust in any transaction and may be the sole signatory on any documents necessary to accomplish such transactions, unless the property is held by both Grantors "as Co-Trustees acting jointly" in which case any transaction involving such property must be signed by both Co-Trustees, or unless property is held by one Grantor as Trustee, in which case such Grantor will be the sole Trustee for such property. If either Grantor ceases to serve as a Co-Trustee, the other Grantor shall serve as sole Trustee. If both Grantors cease to serve as Trustee, then NANCY GIRARD, followed by KAREN DUMLER, shall serve as successor sole Trustee. 4. Under the provisions of the Trust, Ille Trustee has very broad trust powers, including the power to invest and reinvest tile trust estate in every kind of property, real, personal or mixed, and every kind of investment, the power to buy and sell trust property, the power IO lease trust real property, the power to employ agents and advisors, the power to borrow money, and the power to exercise all the rights of an owner with respect m securities. 5. No person or entity not having actual knowledge to the contrary and dealing with I any Trustee ofthe Trust shall be under any duty to investigate a Trustee's authority to enter into any transaction nor to see to the application of the proceeds of any transaction. 803139 vySF ; H98Z02!.DOC 1 03/2005Â·11:48 FAX 41578: 2 Northern Trust @003/005 .. 6. Reproductions of this executed original certificate shall be deemed to be original counterparts of this CertificaIe of Trust Establishment and Authority when countersigned by the Trustee. 7. As of the date of execution and the date of countersigning, if countersigned, the Trust has not been revoked or amended. The undersigned certify under penalty ofperjury that the foregoing is true and correct Executed this 1 Sl day of May, 2003 at San Francisco, California /4 1 {,71*.-- GARRETT F. BOUTON Grantor and Trustee Countersigned: Date All cme 19 80Â«QÂ·>J DIANA D. BOUTON Grantor and Trustee Countersigned: Date 805139 Â¥2/SF H98202!.DOC: 2. m 02/03/2005 11 :46 FAX 41578 2 Northern Trust 0004/CC5 <-- STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER ) SS. Though statute does not require the . COUNTY OF SAN FRANCISCO ) Notary to MIl in th, data below. doing so may prove invaluabje to persons relying ort the documerIL : On May 1, 2003, before me,Kathleen Merrifleid, a Notary Public personally appeared GARRETT F. BOUTON, O individual O Corporate Officer(s) O personally known to me -or- 0 Partner(s) O Umited 11 proved to me on the basis of satisfactory evidence to be the person whose O General name is subscribed to the within inatrument and acknowledged to me that he Â¤ Attorney-in--Fact executed the same in his authorized capacity, and that by his signature on the 0 Trustee(s) instrument the person or the entity upon behalf of which the person acted. O Guardian/Conservator O Other: y l,@23& Commblon * 1396817 Wtness my hand and official seal. 25251~6 Notary Put,Ic - COlltomia f SIGNER IS REPRESENTING. Name of person(s) or entky(ies) Vihl*/ Mi Corf,n Evpd=j ki, 28 2007 f..er@ - LÂ£v, .- j jO D 1 i Signature of the Notary ~ This certificate must ba attached to the Title or Type of Document: Certificate of Trust Establishment # document descnbed at right: Number of Pagesi 2 Date of Document May 1,2003 8 Signe other than named above: 105139 Â¥2/SF 198202!.DOC 3. 02./03/2005 11:48 FAX 41576- -L2 Northern Trust E]005/005 -. STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER ) SS. Though statute does nor require the COUNTY OF SAN FRANCISCO ) Notary to flu In the data below, doing so rriay prove inviluable to persons relying on the document. On May 1. 2003, before me, Kathleen Merrineld, a Notary Public personally appeared DIANA D. BOUTON, O Individual O Corporate Officer(s) personally known to me -or- O Partne,(s) O Limited Â¤ General -5~ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she Â¤ Attorney-in-Fact executed the same in her authorized capacity, and that by her signature on the O Trustee(s) Instrument the person or the entjty upon behalf of which the person acted, O Guardian/Conservalor O Other.- executed the instrument. IWHLEEN MERIFIELD Witness my hand and official seal. Carr,mt=lon â€¢ 139681 7 SIGNER IS REPRESENTING: Nime of person(s) or entky(ies) Nok,r, Put,ic. Couio,r.0 i Son Florick,co Coinry i Signature of the Notary f_4Â»L L- - 'Al p This cerl?ficate must be attached to the Title or Type of Document Centficate of Trust Establishment document described at right Number of Pages: 2 Date of Doc:ument May 1, 2003 Signer other than named above: Â§05139 v2/SF 4.983021.DOC 4. au - 1.Ii-- ATTACHMENT 2 -LAND USE APPLICATION OJECT: Name: Condominiumization of the Residences at Bonita Way A:,pen, CO CL611 Location: Lot 24, West Aspen Subdivision, Filing No. 1 (aka 815 Bonita Drive,/ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512209024 (aka Account No. R005456) APPLICANT: Name: The Bouton Revocable Trust uta Address: c/o Garret F. Bouton, Trustee 2375 Broadway Phone #: San Francisco, CA 94115 Phone No. 415-440-5754 REPRESENTATIVE: Name: Thnm~g .T. Todd, Esq. Address: Holland & Hart, LLP Phone #: 600 East Main Street Aspen, on 81611 TYPE OF APPLICATION: (please check al] that apply): Phone No. 925-34/6 U GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment L] Final PUD (& PUD Amendment) E Text/Map Amendment U Special Review C Subdivision 03 Conceptual SPA E ESA - 8040 Greenline, Stream LEI Subdivision Exemption (includes 2 Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane LJ Commercial Design Review J Lot Split U Small Lodge Conversion/ Expansion LI Residential Design Variance U Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings. uses, previous approvals, etc.) Existing Duplex constructed in 2008-2009 PROPOSAL: (description ofproposed buildings, uses. modifications. etc.) Condominiumize existing duplex into two (2) units (Unit A = West Side; Unit B = East Side) Have you attached the following? FEES DUE: $ 735.00 Â® Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards E 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 '-"icrosoft Word Format) must be submitted as part of the application. Large scale projects should include an tronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and The Bouton Revocable Trust Under Agreement (hereinafter APPLICANT) AGREE AS FOLLOWS: dated May 1, 2003 1. APPLICANT has submitted to CITY an application for Condominiumization of Duplex on Lot 24, West Aspen Subdivision, Filing No. 1 (hereinafter, THE PROJECT). 2. 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. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project. it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the 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. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing ofthe 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 The Bouton Revocable Trust uta Dated May 1, 2003 By: By: Chris Bendon Garrett F. Bouton, Trustee Community Development Director Date: Billing Address and Telephone Number: c/o Holland & Hart LLP 600 East Main Street, Suite 104 Aspen. CO 81611 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow - 970.429.2780 DATE: 02.04.2011 PROJECT: 815 Bonita Drive, Condo Map Amendment REPRESENTATIVE: Tom Todd, ttodd@.hollandhart.com TYPE OF APPLICATION: Condominiumization. Administrative review. DESCRIPTION: The Applicant would like to file a new condominium map for a duplex in Cemetery Lane. The property was recently redeveloped, so a new condo plat that corresponds to the new building is needed. The devising line must be located on a devising wall and all common access utilities should be marked. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseapp form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and Engineering Staff for compliance - Community Development Director & City Engineer for approval Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time. Additional staff time required is billed at $245/hour Referral Fees: None Total Deposit: $735.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. Provide paper copies for staff review. Once staff has reviewed the proposal and made any necessary corrections, then mylars can be created for recordation. 10. All necessary items found in Land Use Codes Section 26.480.090, Condominiumization. Disclaimer: rhe 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. 1, 0â€¢- 0 1 1 I If . .â€¢ tÂ·.' **'' ...Â·,,~ . '.... 4. '" . :I ...... ...:r,4 .~Â·4. .:-4,;*car i- r 1. Â· i r 4,) E- Â· Â· /' â€¢ ' 44~;~01*â‚¬'7 '~Â·ti'.1474â€¢.f.~~'. A. 7 Â£ .'.2 1 . 0 ;f : 4 1< CÂ·# . *41-**4' -4.,f Â· Â·,Â·2 3 9 2. i .4 . 1 '. 11 1. 1 1, f.. â‚¬ 1 1,1..10" .'' R ...'* 1. 1 1 r 1 1 .... C/3 .i."t.Â· YT I ,.. t 47 ,5 1 .i' F Â·#. ./t '9 :. 1, . 4 % -I ; . , 1, ~... .If 11 ...'.2.1,41.1 16 1 . . 1 . 1 - 64 , Â·- Â· .~_il 1 . . .'''' ';I'Â· 9,.f' ~~Â·''Â·I:' ,;-Â·';Â·f./5.-7~'...â€¢ Â·Â·Â·,Â·-Â·.. ..Â·: :4 91 1--1 06 4 '.1, f , 1 1 K, I 1 . - - 1 b< Â·Â· # 0 01 1 Â·. ..'.ls ~ . Â¥9 . 12..1 0 ' : . 1 ..~ 7.04/ I .. < i , '1 ...'. 1 , 1 ' 0 v ,- 4 7 49 Â·Â·' . 1-.* I it i 4 24 4.0 9 j EL .i/ , , ' '' 1 ' I ' ' . 9, ' . i } 11<,1 10 11&; .87' L ! t, f . - . Â·.3,Â·94â‚¬ :..... --9 2 /64 4. 4 , ~'. =.1 4 ty ... n.ir - 1,4/ .- 1, . *. I J Â·AR. ' u., U,b' 8 -~ '-' 1...8 . . 4 - OJÂ«U,21 6 /1 r/Zed 1 Au.,6Â» 4.53929 q WHEN RECORDED RETURN TO: Name: The Bouton Revocable Trust Under Agreement Dated May 1, 2003 do Garrett F. Bouton Address: 2375 Broadway San Francisco, CA 94115 WARRANTY DEED THIS DEED, made this 25th day o f June, 2007, between George W. Nelson and Barbara Sue Nelson of the said County of Maricopa and State of Arizona, grantor, and The Bouton Revocable Trust Under Agreement Dated May 1, 2003 whose legal address is 2375 Broadway, San Francisco, CA 94115 of the said County of San Francisco and State of California, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lot 24, WEST ASPEN SUBDIVISION, FILING NO. 1, according to the Plat dated September 5, 1967 in Book 3 at Page 252 as Reception No. 128426. County of Pitkin, State of Colorado. also known by street and number as: 815 Bonita Dr., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his File Number: 46069-C3 Stewart Title of Colorado Inc. - Aspen Division Warranty Deed - Photographic Record (Individual) Page 1 of2 heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Glorge 0. Neldon B-arbara Sue Nelson 1/>ZfÂ«/ STATE OF Arizona COUNTY OF Maricopa The foregoing instrument was acknowledged before me this 242 day of June, 2007, by George W. Nelson and Barbara Sue Nelson My commission expires 6~14-/Â¥ 2-0/0 . Witness my hand and official seal. )Â»_J â‚¬1% Notary Publi#! [*IE' Notary Public - Arizona D- June 14,2010 File Number: 46069-C3 Stewart Title of Colorado Inc. - Aspen Division Warranty Deed - Photographic Record (Individual) Page 2 of 2 EXHIBIT 1 EXCEPTIONS 1. Water rights, claims or title to water. 2. Taxes for the year 2007 and subsequent years not yet due and payable. 3. Right o f the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded October 27, 1892 in Book 55 at Page 33 as Reception No. 49768. 4. Easements and restrictions as shown on the Plat of West Aspen Subdivision Filing No. 1, recorded September 5, 1967 in Plat Book 3 at Page 252 as Reception No. 128426, and West Aspen Annexation, recorded August 26, 1968 in Plat Book 3 at Page 306 as Reception No. 132019. 5. Terms, conditions and obligations as contained in Ordinance No. 28, by the City Council of the City of Aspen, as set forth in instrument recorded August 28, 1968, in Book 236, at Page 12 as Reception No. 132018. File Number: 46069-C3 Stewart Title of Colorado inc. - Aspen Division Warranty Deed - Exhibit 1 (Exceptions) Page 1 of 1 LAND CONDOMINIUM MAP OF THE RESIDENCES AT BONITA WAY LOT 24 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. - DECLARANT'S CERTIFICATE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO KNOW AU MEN BY THES[ PRE/Is, thit The Bouton Revooble Trus, Under Agieement Dated May 1, 2003, {hereinafter -De~lafanr}. being the owner 01 certain real property 'tuated in the County of Pilkin, State of Colo,ado, 10 4 SHEET 1 OF 3 . 21 - . f lot 24. West A,pen Subdivision. fiIing 1. mording to the final Pl" thereof recorded September 5. 1967,n PIat Dook 3/ Pa/252 I -*- SITER Reâ‚¬ept,0/ No. 128426 intheoffieof the CIerkind Rioider/Pitki, Coun~.Colorado{the -Property-) 1.- 15 PURPOSE STATEMENT: he,eby certif/s that lb,5 Condominium Mapof The Res,demes / Bonita Way has been prepared pursu@/ to the purposes itated in the Condominium Declaraten/The Re,idencesateonitalâ€¢Y. fecidedon .20_Ja,Receptionio lihe A Condominumize W 24. Weit kper Subdmgon, hling 1 -ledafation') DECLARANT. The Bouton Revocable Trust Under Agreement Dated./1.2003 ..\ Â§19 87 Garrett F.Bouton SHEET INDEX As: - SHEET 1 - CERTIFICATES, MAP NOTES, SURVEY NOTES AND CONTROL MAP ~ STATE OF COLORADO) SHEET 2 -UNIT ANDCOMMON ELEMENT LAYOUT SHEET 3 - EtEVATION VIEWS Â· *D J'Â·2; COUNTY OF MTKIN I The locegoIng Declannes Certikate wai ackrowledged before me this _ day of 20- By GaireÂ« F. Bouton /3: - 01. The Bouton Revocible Truit under Agreement Dated May 1, 2003 MÂ¥ cornnis%ion Mp# I 4 -726 1 Y LOT . A- jf Witness,nYhandandolk,â€¢Iseal I / I a.WO R.* Notan,Pubk v/ \/-27 -- r ITLE CE RTIFICATE V,CINITY MAP LOT 28 \ Lei 25 / \LOT f. DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL /\Â¥\ /\ The undersigned. a duly authonied representative 01 Stewart Trtle Guaiantv Company. a title{ompany regis,ered to do Thi, Condominium Map of The Res/ence; at Bonita Way was app.oved by The City & Aspen Department / Community A / \ <40\/ - 0 \ 1 business in Pitkin County, Colorado. herebyie,til,n that The Bouton Re,Â·ocable ./,t holds lee $,mple title lo Ihe Development thii -day 0/ 20_. LOT 24 irw /,aa K \;/ Property, free and dear & all monetar,1-$ andercumbran-eKEept tho,e,dent.bed in the Title Comm,iment issued UNUT A ,. by Stew#1 Title Guaran' Company under Orde, No. 46069Â·. elective date April 24. 2007 f Com~unitÂ¥ Development Dire{tor ...0.... All Li Although we believe the facts itated on thus Map a ve Iiue. thi, Certificale 16 not to be con;trued 1$ an abitract of title, C.â€¢P L & 7~68 M// 40 noianopinionoftille. nof aguarantyolitle.indithunderitoodandagreed/hatkpris Enginee,ing,LLC neither , assumesnofw,Nbe(haiged-than/finar,datobligationo,liablillwtatioeveronany#ementiontainedher- CITY ENGINEER'S APPROVAL Foll Im.. .. LOT 22 CAP LS 13,60 Thi Condominiwn Mapof The Re;idences al Bonita Way. shown heieon, wa~ approved by the City Eng,r~er of The CRY / A;pen thi&-day' 20_ FIll-/ . 84? A. . 8. ASPEN CAP LS Na . Cou Citying,neef 608." . 92~. Date: â€¢ Addiess 620[Hopkin' Asper,Colorado 81611 CONTROL MAP '~ ~ =&LL' 'ATE OF CO.RADO 1 MAP NOTES )5S. COUNrY OF PITKIN , ex * M(~-S 11 Thelesidence'/Bon/a Way/$/b,ecttolheea.ments.'ight:olwayando,her 1998 Orf C, ASPEN I-::A::.._-~ ... matter set /onhonth/ Platof WeitlpenSubdivision, Filing N/ l ieÂ«ordedlpternbe,5. i CD,mOL wr-ENTS 'teAR a .uu,a- CAP 1967 a& Reâ‚¬rption In Plat Book 3 at Page 252 & ihe Pitkin County iermdi LS .86. The foregoing Certificate was iubscribed and 5-0.8 10 bey/e roe thi' davof 20_, 4 1(0~K.-I ..r EW . ol Stewal Title Guaranty Company '998 OrÂ¥ or Aspol ~ 21 The Resideke, / Bonit/ Way ls,ubject to the Condominiumn Decl/fation of The NOTES cÂ»,r.x....uwt~r~ Wirn// my hand and offical wai. Re$,dences at Bonita Way recorded th,5 -day of 20_ a, Reception No O 68850 (the-De/gration-) 11 Date of WrveY: October 2009, January & Ily 2010 Mycommi,slonexpires 21 Date 01 Preparation: De/embe. 2009 - Novembe, 2010 3) Basisillearing Abealingo[5 37*54'00~Wlrom the E/$te.ly Notafy Pubhc LIENHOLDER'S SUBORDINATION corner of Lot 24.monumentedbya loundiebai andcapl.5 â€¢7168 ind the Southerly comer & Lot 24. monernented by / lound iebai SURVEÂ¥01'SCERTI,IGTE and .apt 5 .7168 The undenigned. being the holder of a lier on the herein dembed pfopenv pursuant to @ Deed of Truit,ecorded / Recep,ion No. in the Ofike of the Cled and Recorde, 01 Pitkin County, Colo,ado her/by wnientsand approves thh Condominium Plai 1. Mark S Be<klel. a iegiste,ed land su/vevor. do hereby certifY that I have prepared this Land Condominium Mapof 4! Bais of Survey. The Plat 01 West Aspen Subdiv,jion. Filing No 1. The Reildence, al Bonita Way: that the Imtion and dimen,lor~ 01 exh Unit and that Unirs identifying numbet the 01 The Re,idences at Bon, la Way and hereby subird,nates the lien of said Deed of Trust to the m/teri set fofth herein recordedSeptembe, 5, 1967,nlook 3/ple 252 asReception loute {-th reference to eitablished datum) / the homontal boundar/$ 01 each Unrt, and the appromate No. 128426, various documents /re(id, and the roundmonument:, Pill rebar& p'ait,t WL.S. /168oathe *MIpmpertycof Dated thi~ _ day of , 20_ 1~shown 1<xâ€¢lion and dirnen;lor,$ of [he Common Element. areaccuiately,nd correaly shown hereon: that the Arne a based on field survey, perfoirned under mv super,nion on July 28,2010; that this Condominium Map meet& the requirementsof alandsumÂ¥*ataiset fonh,/CR5$(te38-51 106: andthatthi,Condorninium/apiontainsall 51 50/ns Eng,neering, LLC (54 feliedon th/Stewalt/,tle /uaranty of the information required by CRS Se,tion 38-33.3-209 01 the Colorado Common Intefe/ Ownenhip It Pu,want Company T// Commitment issued uâ€ždir Order No 46069. to CRS *ion 38 33 3Â·201(2), I lurthercertify thatall~tfuctufalcomponentiof allbulldinpiontainingor w,th an effe<:tive date of Apfil 24.2007. and the Plats de,(ribed comprising anÂ¥unit, de;uited on ~his Map are $ubstanbalâ€¢,completed The control precision Isgrea~e, th,n ~ in 1/ Note 4 above for recorded ink}rmalion regarding Ughis 01 way, mment' and encumbrances in the preparation of thi, Map This 10,000. Rbmdedeasements, râ€¢ght,Â·of way ind re,trictions ihown hereon lie the .me astho. set forth in ~ection Map does not constiâ„¢te a title sea~h by SE. 2 / khedule B ol the Title Commitment i,sued by le-/ Title Guaianty company under Orde, No, 46069 C/. wilh an elective date / 4,!124,2007 6) Bag,of elevation: The]9980/01 IN/Drexe/Baâ€žekontrol COUNTY OF PITKIN } datur , which is ba,ed on an eleval,on 01 7720 88' [NAVD 1988} on the NGS state -5 159 . Thi, estabh,hedasilebenchmark The folegoing in//ment was /kno/edged before me thi diyel , 20- by + withinelevation of 7867.5 leet, monumented t, ihe found / Mark S. 8-kler. P.1 5. â€¢ 28643 of Lot 24. Wei Aspen Subdrv,$10...$ shown on sheet Witne$$ 4 hand ind off,/1 /4 7) ./undercon:tructâ€¢onattimell./.y My commi,sion exp,re,: . ACCEPTANICE fOR RECORDING SOPRIS ENGINEERING - LLC Thus land Condominium /"01 The 4/ence' at Son# Wav h Eepled for filing In the Office 01 the Clerk ind Rewrde, 10, Pithin County. Colorado, thi; - daÂ¥ of . I}__,In Mit Book -al Page - as Reception No Notarv Public CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 5 â€¢= 27==25=--1'--,#:Ar CARBONDAtE, COLORADO 81623 .- #â€¢ST pÂ·WO.Â¢/ SÂ», r,ru. ..0........... (970) 704-0311 Clerk and Reto.der 29277 +~/45:~0 V*VDW-CÂ¢â€¢OC O (22 4 1 NAL 1, Â·m////8 1 1 /12/ " 9,7 % c Â·r' l ..U,w.//id. Â·~ -// . 99/yin .. -a-re 1 1~ ~ ' . 1- M" %.~% 11.-%. % ~U*~-I-252+..yu r- 2 ~ ~-L_/6,i Lâ‚¬ Jw.-. ~~ ~~3-- - .~-~~ . ~ LAND CONDOMINIUM MAP OF. THE RESIDENCES AT BONITA WAY LOT 24 WEST ASPEN 5UBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P. M. il CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 3 GRAPHIC SCALE ( IN ~EET } 1 'ch- 10 R BONITA DRIVE 21'..5% e IÂ£GEND I ...... I ..... ./. Â® g Afl 'A'-11Â£ 0 4.45./. . 1 ..<../... Â·e {xe S kp el, L CAP Li ./68 8 ./. Irâ€¢~â€¢c~i EGE- . DAÂ¥/Eli 0 U.T KIT 0 03 U m /1.'ll- Fâ‚¬Â£â‚¬5'. C2 UNIT B /.162 sq N UNIT A 0 756 "re UNn A URT B /1.012 sq n.* T 25.3 cciest CURVE TABLE I 1 CURVE l UNGâ„¢ < RADIUS I T.G.'I CHOR' 1 BEARING j ...1 0 1 . 1 ]74.42 1 2001.77 mn 174.37 .790'?drE 1 4Â·59 33- 1 - _ - k 1 1 / ..â€¢CTUAL -. ' 1 . /1% S I == 1 =474 LOT 24 ' C 22... sq I As,e,TrcnIAÂ£ PLA,6 D 509 0/" rl_ 101 U caâ€¢,0?rl 1 SD, ./'I- .. - 2,44 1 {/1/) . 1> I' /.I ~ TWO STORY D WOOD FRAME DUPLEX .- fmz~ur :Ld 02. ma | Â» 1â€¢ r MAPNOTES 0 8 4 TWO SIORY U . / 78Â§87. U Thee],teriervert,cal"imete,walls,theairipacetoaheightel 21 1 WOOD FRAME DUPLEX / *, S W/DRYSTACK STONE a Buildin' ind the land toi depth of 20 feel below rinished #loor 01 AND RASEMENT the main level W 'uilding. inctuding Ihe Bullding 'oundation, ;hall 50 leet above the elevabon o f the finished floor on the main level of 136- ~ --y--9 L mark che peNmete< boundaries 04 Unit a~ shown on this Condominium Map and as fu.the~ defined and dwi,bed in the 1 -4==1 1 2212\ Declaiation I j - [â‚¬0( - D ~ fae,lities,emnetheunitsandethemsemen'sasprovidedin~he 2) Th'Unils.e'ubjecttoeasement,~ortheie.keut/ly,ine:and - -Kyâ€¢ liu -4*,1 m / 1 Deâ‚¬laration. *~,Trcrvâ€¢, pue.s LJ 1 4,â€¢Â¢ sM,â‚¬,â€¢no ./0.6 j ~ 3) Seeparagraph 30"heDeclaration /0, adesÂ¢,8/tionof,he 1 zD ~ obligationmdiespon,ibilitiesassociated withthecommonwalls thatdividethe Units 4 Allail. Nolhand Welof thecommonunitboundal .e NÂ® mo $1=7 1 STD. ....' - 3 appurtenintt'Unit'.AllareasSouthand'llthecommonunit CO,EXP KXÂ© ./. 80*41.... L- _ m ii - - boundary are appurtenant to Unit B --------__----- ----------AN:-f 5) Se:backs&Utilityeasemenlarefromtherecordpla,of thewe.t spen Subdrvi ion, filing No. 1, and the budding permit submittil drawings. 94.89' CA~ LS /7168 2135' 71.77 fa,O 4*4, * S 44Â·51 DO E ll. 24' I S 52Â·06 ' E 5OPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREEL SUITE A3 ~Â©Â£*CÂ»â€¢G TO (a.ADO U. - *T CXÂ»M.4 -I ICâ€¢, ACÂ» -Â£D '.:KÂ». AIr. râ‚¬.C . -5 Sk-â€¢tâ€¢ ..I '-r .F CARBONDALE, COLORADO 81623 ~11,I 4, F,S, DISCO.n Sto. C~irt E .2,/.TIll- ... iâ€¢$4:1 -*rui ~ 4,$ SUR,7 ,, CÂ»..11 w- ~-~ -D. (970) 704-0311 W # - r~ r~Irry'v. w &mW;1..MI ~ 7,27~ ,1/,5/e ov,2:' S 37â€¢54'00 W N 44'10'00 E / 1.-....4i~... . L Â· I. ' LAND CONDOMINIUM MAP OF: THE RESIDENCES AT BONITA WAY LOT 24 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSH/P 10 SOUTH, RANGE 85 WEST OF THE 6th P. M, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 3 CHINEY ELEVATION 7899 30' CHIMNEY ELEVATION 7099.39 PEAK ELEVATION 7898.32' UNIT B UNIT A -q PEAK Â£1*vATION 7898 27 9 1 4 4EaEEE~162?~~%Â¥[*f~ 4/3924. LÂ«?iG~-11_-121=========n __lul_1_1*B EHBEHB .4 3 2.= 1 NORTH Et EVATION VIE W CHINEY gly,iliON 7002.30 CH/NEY ELEVATION 7899.30 F==1 PEAK ELNVAnON 7898.27 E--1 PEAK El.EVATION 7898.32 PFAK FI.EVATION 71194 68 446=0 9 zie>' g.*i? ~%2~ .<Â· L./ , 11Â¤ --lu: 9-9 2 1 - I--1 ~ 1 7--1-9. 29'/ 8 =1---, -iMM#d 1 1 r,v. -I. 1 1 ---- r i mi ! [0 1 - 1 1 WE. Ell VANON m W EASTELEVAJIONVIEW UNjT A UNIT B CHINNEY ELEVATION 7899 32' CHINEY ELEVATION 7899 30' PEAK ELEVATION 7898 27' ~T CHIMNEY ELEV. 789778 ' ~ 04 PEAK ELEVATION 7898.32 PEAK ELEVATÂ·ON 7894.68 -.--d___ ~"6er i 1 )4]L. i ~'2]Elt,| ,/21[St j Â»11 1 1 2]EBLWI p=======q I r - --47- 1 1 nl.-4 JIÂ· 1 1 11.1 1 1 17'19 ' r-T-7-1,:,i, lIE] 1. 1 1\1 1 1121 ' ' lili ' LIU 1-1 NONIZINTA L SCA U ,Â·Â· = 10' 1 1 1, | i : 1 L NOTCS sOUTH .LIA'ION V. W 1) THE ELEVATION5 SHOWN HEREON IN[}~CATE THE HEIGHT AND LOCATION Of THE IMPROVEMENT% ON THE PROPERTY THEY ARE NOT MEANT TO D[UNEATE OR LIMIT THE BOUNDARIE5 OF THE UNITS WHiCH ARE AS ~ET SOPRIS ENGINEERING - LLC UNITA STRUCTURE FF TOPOT Pir/000= 7867.76 FORâ„¢ IN MAP NOTE 1 ON 5HEET 2 AND ARE FURTHER DEFINED AND DESCRIBED IN THE DECLARATION UNJT B SYRUCTURE FF TOP. PLYWOOD = 7868,77 CIVIL CONSULTANTS 8.SED'.1998 Orr OF ASPEN DREX. BARREL CONTROL lA'UM 2) PLAN & 'EVATION VIEWS ARE FROM ARCHIECTURA' D. WING' UPDATED WITH . BUIT DIMEN'ON. AND 502 MAIN STREET, SUITE A3 === Z.=r.=ms--n.tr El[VATION INFORMATION CARBONDALE, COLORADO 81623 NTI~ * *' D,5[1Â£~' $uÂ¢>. [e.t . .....â€¢â€¢ .1Â¥ ... (970) 704-03I 1 .- â€¢'O' - tu':1 - TWS $1,~â€¢ Â« /2~,EI,~I .- Iâ€¢- 1â„¢ 31 H = FINISH' D ./OR 'flATION AT ENTRANCE ./* 2,117 .'.. /,7-C- 0 < 4 \ AUÂ¥L CONDOMINIUM DECLARATION FOR RESIDENCES AT BONITA CONDOMINIUMS THIS CONDOMINIUM DECLARATION (the "Declaration") is made this day of , 2011 by THE BOUTON REVOCABLE TRUST Under Agreement Dated May 1, 2003 (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the RESIDENCES AT BONITA CONDOMINIUMS (the "Property"), as the same is set forth on the Land Condominium Map thereof recorded on , 2011 in Plat Book at Page as Reception No. in the Office o f the Clerk and Recorder of Pitkin County, Colorado (the "Map"); and WHEREAS, the Property is located entirely within the platted boundaries of what was formerly known and described as Lot 24, Filing No. 1, West Aspen Subdivision (the "Subdivision Plat") thereof recorded September 5, 1967 in Plat Book 3 at Page 252 as Reception No. 128426; and WHEREAS, the Property is improved with a two unit duplex residential dwelling and appurtenant land areas, which units are designated as Unit A and Unit B on the Map (Unit A and Unit B shall sometimes be collectively referred to herein as the "Units"); and WHEREAS, Declarant desires by this Declaration to establish the respective rights and obligations of Declarant and Declarant's successors in interest to a Unit or Units (who shall be hereinafter sometimes referred to individually as an "Owner" or collectively as the "Owners") with respect to the use, maintenance, repair, replacement and insuring of the Units, to provide for a reasonable allocation between the Owners of the common costs and expenses associated therewith, and to establish a procedure for billing and paying for such common expenses and for collecting the same (including interest) from a delinquent Owner. NOW, THEREFORE, for the purposes set forth above and herein, Declarant for itself and its successors and assigns hereby declares that the Units shall be owned, held, transferred, conveyed, sold, leased, encumbered, used, occupied, improved, altered, maintained and enjoyed subject to the covenants, conditions, easements, restrictions and other matters hereinafter set forth, all of which shall run with the title to the Units and be binding upon and inure to the benefit of the Owners, occupants and other persons having or acquiring from time to time any right, title or interest in or to either Unit or any part thereof, or any improvement thereon, and their respective heirs, personal representatives, successors and assigns. 1. Subiect to Condominium Map. This Declaration, and the ownership, use, improvement and enjoyment of the Units, shall at all times be subject to and governed by the restrictions set forth on the Map, as said instrument may be amended from time to time. In the event of any confiict or inconsistency between the terms and provisions of this Declaration and the terms and provisions of the Map, the Map shall govern and control. 2. Decision Making and Dispute Resolution. All decisions, actions and controversies that may arise hereunder shall require unanimous agreement o f both Unit Owners. In the event the Unit Owners cannot achieve unanimous agreement, and prior to resorting to litigation as contemplated in Paragraph 8(b) below, the Owners shall select and meet with a mediator in an effort to achieve resolution of the issue in controversy. The mediator shall be a member of the Pitkin County, Colorado Bar Association with a practice specialty in real estate. If the parties cannot mutually agree on one mediator, then they may each select their own mediator, and those two mediators shall select a third mediator so as to create a three-member panel to hear the issue in controversy. In the event the mediation is unsuccessful, then an arbitrator shall be named by the three-person panel. The Owners, acting with the arbitrator, and in consultation with the three member panel, shall then resolve the dispute in accordance with the rules of the American Arbitration Association. All costs and fees of mediation and arbitration shall be shared equally between the Owners, unless the arbitrator determines that a party has substantially prevailed in the mediation and arbitration process, whereupon the arbitrator can re-apportion the fees and costs in an equitable manner as the Arbiter deems appropriate. All decisions of the arbitrator shall be complete, final and not subject to appeal. 3. Mutual Easements. The Property has been mapped as a land condominium, and as such, the Property does not have mapped common elements; however, the perimeter fence (if any), the components of common sprinkler irrigation systems (i f any), the common underground utility easements, the common walls that divide the Units, and all other shared structural elements of the Units that are necessary for the continued existence, common support, integrity, preservation, protection, and/or enjoyment o f both Units comprising the land condominium, including without limitation any shared roof, footings, floor joists, exterior walls and foundation, all shared utility systems, are considered to exist as mutual perpetual reciprocal easements for the use and benefit of both Units. a. Perpetual Reciprocal Mutual Easements. There is hereby created, granted and reserved for the use and benefit of the respective Unit Owners from time to time perpetual, non-exclusive reciprocal easements for the continued existence of areas and building improvements described above, in their present location, and for the use, enjoyment, maintenance, repair, preservation, restoration and replacement 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. 2 b. No Damage or Alteration by Owners. Unless otherwise approved by both Unit Owners in writing, both Unit Owners shall be and hereby are prohibited from destroying, damaging, altering, relocating, repairing or replacing any of the items within the mutual easements 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 Unit Owners shall maintain, repair and replace the building improvements within the mutual easements as may be reasonably required from time to time, at their joint and equal expense. Such maintenance shall include, without limitation, any mutual landscaping area maintenance and upkeep that serves both Units. Each Unit Owner shall be responsible for maintaining the snow removal and general maintenance of each Unit Owner's driveway and walkway to a uniform, consistent and safe level of service, regardless of frequency of occupancy or use of each Unit. Either Unit Owner shall have the right to cause to be performed such maintenance, repair or replacement work on the mutual easements as may be reasonably required from time to time by the circumstances, and to pay for the same, and to bill the other Unit Owner for fifty percent (50%) of such costs, or one hundred percent (100%) thereof if the other Unit Owner's negligence or intentional act was the sole reason for such maintenance, repair or replacement work. Any such bill not paid by a Unit Owner within thirty (30) days o f delivery o f the bill shall bear interest at the rate o f eighteen percent (18%) per annum from the date of mailing of the bill until paid in full, and the billing Unit Owner shall be entitled to an award of its reasonable attorneys' fees and costs of collection if such Owner prevails in any such litigation. Finally, the Unit Owner paying for the work shall be entitled to place a lien on the Unit of the Unit Owner failing to pay its share of the cost, for the amount of said defaulting Unit Owner's share of the repair, restoration or maintenance cost, as more specifically provided in Paragraph 7, below. In the event any building improvements within a mutual easement is damaged or destroyed from any cause other than the negligence or intentional act of a Unit Owner, the Unit Owners shall, at their joint and equal expense, repair or rebuild any such building improvements to their original condition as promptly as reasonably possible following the event of damage or destruction. If damage or destruction is caused by the negligence or intentional act of a Unit Owner, that Unit Owner shall promptly repair or rebuild the same at its sole cost. All such work shall be performed in a good and workmanlike manner, by qualified contractors, and in compliance with applicable laws, regulations and codes, and where necessary shall be made in accordance with plans and specifications prepared by a licensed Colorado architect or engineer. 4. Unit Boundaries. Those portions of the Property that are created for the exclusive use of each Unit are depicted on the Map. 3 a. Unit Boundary Line. The area located westerly of that boundary line (the "Boundary") depicted and labeled on the Map as "Unit A Boundary" shall be for the exclusive use of the Owner o f Unit A. The area located easterly of the Boundary depicted and labeled on the Map as "Unit B Boundary" shall be for the exclusive use of the Owner of Unit B. Unless otherwise set forth herein, no Owner shall be entitled to use such exclusive Unit area of the other Owner, as the same are separated by the Boundary, without the express written consent of the other Owner. Upon mutual agreement between the Owners, trees, shrubs, fencing or other privacy improvements may be installed on the center line of the Boundary, which improvements shall thereafter be considered General Common Elements and subject to equal expense sharing as set forth in Paragraph 2 above, in order to offset and separate each Unit's exclusive use area. The actual location of any landscaping or fencing element or structure installed along the Boundary shall not affect, modi fy or be deemed to vary the location of the Boundary as delineated on the Map, or the legal effect and consequence of such Boundary as provided herein. b. Maintenance of Building Improvements . In the absence of damage caused by the negligence or intentional act of the other Unit Owner, the repair, restoration or maintenance of any portion of a Unit shall be the sole responsibility of the Owner that such Unit. c. Easements Encumbering Unit Areas. As set forth on the Map, there are certain mutual easements that encumber certain areas of the Units. Such easements include utility easements as shown on the Map. Notwithstanding the foregoing, a valid easement over and under all of the Property areas, including the exclusive Unit use areas set forth above, shall and does exist for the benefit o f the Owners otherwise not entitled to use such area for purposes of the installation and maintenance of underground utility and infrastructure systems now or hereafter necessary to serve either or both Units. 5. Restrictions on Use. a. 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 occupant 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 occupant 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 tenants or guest. 4 b. Structural Integrity. Nothing shall be done to any Unit that will impair the structural integrity of any improvements on or within the other Unit unless prior written unanimous authorization is obtained from the other Owner. c. Restriction Upon Occupancy. Except as the Owners might otherwise agree, each Unit shall be used and occupied solely for residential purposes and no trade or business of any kind may be conducted on, in, or upon any Unit. Lease or rental o f a Unit for lodging or residential purposes shall not be considered a violation of this covenant and is permissible. The maintenance of a home office shall not be considered a violation of this restriction so long as the nature and conduct of the business complies with applicable local laws. d. 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 unenclosed portion of a Unit except for patio, deck and ancillary outdoor furniture and furnishings. No Owner shall have, erect, affix or place anything on a Unit (except for decorative items within the Owner's Unit), including without limitation satellite dishes, and nothing shall be placed on or in windows or doors of Units which would create an unsightly appearance. No wiring, television antennae, or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized this Declaration. All trash shall be stored by the Owners within the garage of each Owner's respective Unit. e. Leases. No Owner may lease less than that Owner's entire Unit, and all leases shall be in writing. All leases shall provide that the terms of the lease are subject, in all respects, to the provisions of this Declaration, the laws of the City o f Aspen, and any and all other applicable rules and regulations. f. 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 o f 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 o f the utilities no later than the next growing season following such installation. Each Owner shall be responsible for arranging for provision of utilities to their respective Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their respective Unit. It is anticipated that each Unit shall be separately metered, serviced, and billed for purposes of utilities. g. Animal Restrictions. No animals other than normal household pets shall be kept in or about the Units. No Owner shall at any time keep more than two (2) dogs or two (2) cats on their respective Unit. All dogs must be kenneled while outside and no construction workers or other service providers shall be allowed to bring dogs onto the Property. An Owner shall be absolutely liable to 5 the other Owner and their families and guests for any unreasonable noise, nuisance or damage to any person or property caused by any animal brought or kept on the Property by such Owner or by members of his family or his guests. h. Construction/Remodeling of Units. 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 Units, including any doors or windows; (b) modify or alter the appearance or color scheme of the exterior of a Unit; or (c) modify or alter the surface of the driveways and walkways as shown on the Map. To the extent an Owner desires to remodel, rebuild or otherwise reconstruct in any way the Owner's Unit or any portion thereo f that would result in a change to the exterior of the Unit, no such action may occur until such time as the Owner desiring such action has submitted plans to the other Unit Owner and received the approval of such plans by the other Unit Owner in writing, which approval may not be unreasonably withheld. The plans shall be detailed and include adequate information on the proposed size, materials, colors and other significant matters related to the new construction. To the extent such plans are so submitted and no written response is received within thirty (30) days after providing the plans to the other Owner(s), such plans shall be deemed approved by the other Owner(s). Any and all construction or reconstruction undertaken in connection with the Units shall be subject to and in accordance with all applicable Declaration covenants, City of Aspen land use rules and regulations, and any and all other applicable state or local codes, rules or regulations. 1. Maintenance of Units. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and the infrastructure located in such Owner's Unit, which serve that Unit exclusively; (ii) replace any finishing or other materials removed with materials of a similar type, kind, and quality; (iii) maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's 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 neat and clean condition all the decks, yard, porches, roof, balconies and patio areas associated with each Unit. J. Fencing, In addition to any perimeter fence, either Owner may construct a fence along the interior boundary separating the respective yard areas of Unit A and Unit B; provided, however, the materials, height and location of such fencing shall be mutually 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 shalI be allowed. No new or additional fencing shall be installed unless and until the Unit Owners achieve mutually agreement on all matters described herein. 6. Insurance. The Owners shall each obtain, maintain and keep in full force and effect at all times property insurance on the their respective Units for not less than the full insurable replacement cost thereof. Such insurance shall be for broad form 6 covered causes of loss, including casualty, fire, and extended coverage insurance including, if available at reasonable cost, coverage for vandalism and malicious mischief and, if available and if deemed appropriate, coverage for flood, earthquake, and war risk. If the Unit Owners collectively agree to do so, they shall also obtain, maintain and keep in full force and effect at all times comprehensive property hazard insurance on any portion of the Property not otherwise covered by each Unit Owner's separate broad form insurance described above. In addition, the Unit Owners may also obtain, maintain and keep in full force and effect a joint insurance policy or policies that covers or cover claims and liabilities arising in connection with the ownership, existence, use or occupancy of the Units and the improvements thereon, and covering public liability or claims for injury to persons and/or property, and death of any person or persons. Said liability insurance shall have such coverage limits and deductibles as the Unit Owners may determine from time to time. If the Unit Owners do not agree to carry such liability insurance jointly, each Unit Owner shall obtain and pay for a comprehensive general liability insurance policy on that Unit Owner's Unit and the improvements thereon. The costs of carrying the above-described joint property and liability insurance, (ifjointly purchased) shall be shared equally by the Unit Owners; provided, however, that if the insurance rates are different for each Unit based on the value o f improvements located on the respective Units, the Unit Owners shall pay that amount attributable to Owner's Unit based on such values. If a Unit Owner fails to pay its share of a premium by the due date, the other Unit Owner shall have the right to pay such share and to bill the other Unit Owner therefor. Any such bill not paid by the other Unit Owner within 30 days of mailing the bill shall bear interest at the rate of 18 percent per annum from the date of mailing until paid in full, and the billing Unit Owner shall be entitled to an award of its reasonable attorneys' fees and costs if it files a civil action to collect the delinquent amount and prevails therein. Finally, the Unit Owner paying the premium shall be entitled to have a lien on the Unit o f the Unit Owner failing to pay its share thereof, for the amount of said defaulting Unit Owner's share of the premium, as more specifically provided in Paragraph 6 below. Finally, each Owner shall maintain hazard insurance, personal property and liability insurance with respect to its Unit in such reasonable amounts as each Owner may desire from time to time, so as to complement and augment any and all insurance coverage maintained by the Unit Owners in common. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against other Owners in connection with any damage covered by any policy. 7. Lien Right. The lien described in Paragraphs 3(c) and 6 above shall be evidenced by a written notice, setting forth the details of the delinquent bill, which is signed and sworn to before a notary public by the Unit Owner claiming the lien, and which is recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. 7 Said lien may be foreclosed in the same manner as mortgages are foreclosed under the laws of the State of Colorado. Any such lien shall be subordinate only to the lien of the holder of a first mortgage or deed of trust and to liens for real estate taxes and other governmental assessments or charges against the Unit. If a Unit Owner initiates foreclosure proceedings in order to enforce lien rights created by this instrument, such Unit Owner shall be entitled to recover in that action all foreclosure costs including, without limitation, reasonable attorneys' fees. 8. General Provisions. a. Duration/Amendment o f Declaration. The term o f this Declaration shall be perpetual. This Declaration may only be amended by a writing signed by both Unit Owners and duly recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado. b. Enforcement. Each of the covenants, obligations and undertakings in this Declaration to be performed by the respective Unit Owners is intended to and shall be deemed to be for the specific benefit of the other Unit Owner. Each Unit Owner shall have the right to interpret and/or enforce, by any proceeding at law or in equity, any or all of the covenants, conditions, easements, restrictions, rights, obligations, liens and other provisions set forth in this Declaration. Such enforcement rights shall include without limitation the right to bring an action for any form of injunctive relief available under Colorado law (including specific performance), or an action for damages, or both. For any such action brought by an Owner, the substantially prevailing party shall awarded its reasonable attorneys' fees and costs incurred in connection therewith. c. No Subdivision. The execution and recordation of the Map and this Declaration constitute an exemption from the subdivision requirements o f the City of Aspen Land Use Code and the separate ownership interests in Unit A and Unit B shall not violate the City of Aspen Land Use Code. d. Subiect to City of Aspen Zoning Regulations. Any alteration, change, expansion, modification of any structure on the Property may require the approval of the City of Aspen. e. Partition. The partition of any interest in the Units is prohibited. The Declarant and Declarant's successors and assigns hereby forever waive any right to maintain a legal partition action o f the Property or any portions of the Units. In the case where a court may allow a partition action, the interested party agrees that a partition action constitutes an evasion of City o f Aspen Land Use Code relating to subdivision. 8 IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. DECLARANT: THE BOUTON REVOCABLE TRUST UNDER AGREEMENT Dated May 1,2003 By: Garrett F. Bouton, Trustee 9 STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2011 by Garrett F. Bouton, Trustee of THE BOUTON REVOCABLE TRUST Under Agreement dated May 1, 2003. Witness my hand and official seal. My commission expires: Notary Public 4789000 3.DOCX 10 LAND CONDOMINIUM MAP OF: THE RESIDENCES AT BONITA WAY 0121& 1 NA L LOT 24 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. 3 . DECLARANT'S CERTIFICATE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO KNOW ALL MEN BY THESE PRESENTS, that The Bouton Revocable Trust Under Agreement Dated May 1, 2003, (hereinafter "Declarant"), 1,1 I :;01 .'...1 . 4 .':10< ...... '11: ... .....11 1 0>139 j - '40 being the owner of certain real property situated in the County of Pitkin, State of Colorado, to wit: SHEET 1 OF 3 Lot 24, West Aspen Subdivision, Filing 1, according to the Final Plat thereof recorded September 5, 1967 in Plat Book 3 at Page 252 as ''t ~..'.Â·Rect ~Â·Â·, .S I T E.i-L;6-{ r- 3:. Reception No. 128426 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Property"), PURPOSE STATEMENT: 4. w""ri -- u'Â· . Â·Â·Â·f Â·. Â·49*....1~4..il ~ . Â· Â· hereby certifies that this Condominium Map of The Residences at Bonita Way has been prepared pursuant to the purposes stated in the , Condominium Declaration of The Residences at Bonita Way, recorded on , 20- as Reception No. (the A. Condominumize Lot 24, West Aspen Subdivision, Filing 1. "Declaration"). 4 9 DECLARANT: The Bouton Revocable Trust Under Agreement Dated May 1, 2003 By: Garrett F. Bouton SHEET INDEX :lai..'..... C. ; ... 4,%, . r. $ 0/WÂ· CUURSE .. .....t. f As: . .. . 7*4 SHEET 1 - CERTIFICATES, MAP NOTES, SURVEY NOTES AND CONTROL MAP ~ Â·~ :....... ..:'..... \4%44% . 'Â·...;1:-'Â·:t.Â·Â·Â·Â·./.Â·:Â· .:. ...1. Â·r. Â·-Â·. I. STATE OF COLORADO) SHEET 2-UNIT AND COMMON ELEMENT LAYOUT â€ž ) ss. SHEET 3 - ELEVATION VIEWS & 8.:.:...., I. *M. *..LI: ' ,#m Â·Â· ./.1 5 . ... .... The foregoing Declarant's Certificate was acknowledged before me this day of , 20_, By: Garrett F. Bouton As: ! ../.044 4 ' Of: % FOUND REBAR & CAP The Bouton Revocable Trust Under Agreement Dated May 1, 2003 Â·* CITY OF ASPEN MONUMENT: 6TH k HOPKINS, HOPKINS & WEST END ' 0 My commission expires: LOT 11 LOT 26 LOT 19 .. 1. 2 ~ ~ ~ , lÂ·Â·: .,i; . 1% 1 :U 4 .....4 Witness myhandand official seal. OUND REBAR ND 1 1 . I .4 C L. S. 71 LOT 20 Notary Public 40 TITLE CERTIFICATE VICINITY MAP LOT 28 LOT 25 LOT 10 DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL <f> SCALE: 1' = 2000' The undersigned, a duly-authorized representative of Stewart Title Guaranty Company, a title company registered to do This Condominium Map of The Residences at Bonita Way was approved by The City of Aspen Department of Community ~ LOT 21 business in Pitkin County, Colorado, hereby certifies that The Bouton Revocable Trust holds fee simple title to the Development this day of , 20_. LOT 24 FOUND REBAR AND Property, free and clear of all monetary Nens and encumbrances except those identified in the Title Commitment issued UNIT A CAP L.S. 7168 ~$ by Stewart Title Guaranty Company under Order No, 46069-(4, effective date April 24,2007 Community Development Director FOUND REBAR AND Although we believe the facts stated on this Map are true, this Certificate is not to be construed as an abstract of title, CAP L.S. 7168 qlf' nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Sopris Engineering, LLC. neither UNIT B assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. CITY ENGINEER'S APPROVAL LOT 23 FOUND REBAR AND LOT 22 This Condominium Map of The Residences at Bonita Way, shown hereon, was approved by the City Engineer of The City of Aspen CAP L. S. 13166 Q 86 1 this day of , 20_. FOUND REBAR AND 6 94. By: ASPEN CAP L.S. 7168 08. , GOLF , 0, 2 City Engineer COURSE 5.979 Date: 1.Â·49. to Address: 620 E. Hopkins CONTROL MAP ' Aspen, Colorado 81611 SCALE: 1" = 100' STATE OF COLORADO) MAP NOTES ) SS. COUNTY OF PITKIN ) 6TH dc HOPKINS CONTROL BEARING 1) The Residences at Bonita Way is subject to the easements, rights of way and other 1998 CITY OF ASPEN S 75Â°05'58" E matters set forth on the Plat of West Aspen Subdivision, Filing No. lrecorded September 5, CONTROL MONUMENTS REBAR & ALUMINUM CAP 1967 as Reception in Plat Book 3 at Page 252 of the Pitkin County records. L.S. #28650 The foregoing Certificate was subscribed and sworn to before me this day of , 20_, by HOPKINS dc WEST END as of Stewart Title Guaranty Company. 1998 CITY OF ASPEN 2) The Residences at Bonita Way is subject to the Condominium Declaration of The NOTES CONTROL MONUMENTS Residences at Bonita Way recorded this day of , 20_ as Reception No. REBAR dc ALUMINUM CAP Witness my hand and official seal. L.S. #28650 (the "Declaration'). 1) Date of Survey: October 2009, January & July 2010. My commission expires: 2) Date of Preparation: December 2009 - November 2010. 3) Basis of Bearing: A bearing of S 37Â°54'00" W from the Easterly Notary Public LIENHOLDER'S SUBORDINATION corner of Lot 24, monumented by a found rebar and cap L.S. #7168 and the Southerly corner of Lot 24, monumented by a found rebar SURVEYOR'S CERTIFICATE The undersigned, being the holder of a lien on the herein described property pursuant to a Deed of Trust recorded as Reception No. and cap L.S. #7168 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents and approves this Condominium Plat 1, Mark S. Beckler, a registered land surveyor, do hereby certify that I have prepared this Land Condominium Map of 4) Basis of Survey: The Plat of West Aspen Subdivision, Filing No. 1, The Residences at Bonita Way: that the location and dimensions of each Unit and that Unit's identifying number, the of The Residences at Bonita Way and hereby subordinates the lien of said Deed of Trust to the matters set forth herein. recorded September 5, 1967 in Book3 at page 252 as Reception location (with reference to established datum) of the horizontal boundaries of each Unit, and the approximate No. 128426, various documents of record, and the found monuments, Dated this day of , 20_. location and dimensions of the Common Element, are accurately and correctly shown hereon; that the same is based as shown. on field surveys performed under my supervision on July 28, 2010; that this Condominium Map meets the 5) Sopris Engineering, LLC (SE) relied on the Stewart Title Guaranty requirements of a land survey plat as set forth in CRS Section 38-51-106; and that this Condominium Map contains all By: Company Title Commitment issued under Order No. 46069-C4 of tI]e information required by CRS Section 38-33.3-209 of the Colorado Common Interest Ownership Act. Pursuant with an effective date of April 24,2007, and the Plats described to CFS Section 38-33.3-201(2), I further certify that all structural components of all buildings containing or in Note 4 above for recorded information regarding rights of way, comprising any units described on this Map are substantially completed. The control precision is greater than 1 in Its: easements and encumbrances in the preparation of this Map. This 10,0~0. Recorded easement:s, rights-of-way and restrictions shown hereon are the same as those set forth in Section Map does not constitute a title search by SE. 2 of Schedule B of the Title Commitment issued by Stewart Title Guaranty Company under Order No. 46069-C4, with STATE OF COLORADO) an effective date of April 24,2007 ) SS. 6.) Basis of elevation: The 1998 City of Aspen Drexel Barrel contro COUNTY OF PITKIN ) datum, which is based on an elevation of 7720.88' (NAVD 1988) on the NGS station "S-159". This established a site benchmark The foregoing instrument was acknowledged before me this day of ,20- by as with an elevation of 7867.5 feet, monumented by the found #5 Mar'l S. Beckler, P,L.S. # 28643 ~ rebar & plastic cap L.S. #7168 on the Easterly property corner of Lot 24, West Aspen Subdivision, as shown on sheet Witness my hand and official seal. 7) Site under construction at time of survey. My commission expires: . ACC~TANCE FOR RECORDING SOPRIS ENGINEERING - LLC This kand Condominium Map of The Residences at Bonita Way is accepted for filing in the Office of the Clerk and Notary Public Recorder for Pitkin County, Colorado, this day of , 20- in Plat Book at Page as Reception No. CIVIL CONSULTANTS 502 MAIN STREEL SUITE A3 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 Cler'f and Recorder AJS/HMS 29227 11/15/10 \EX\29227-CONDO YFARS FRnU THF nATFF OF CFRnFICATION SHOVN HFRFON LAND CONDOMINIUM MAP OF: THE RESIDENCES AT BONITA WAY LOT 24 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE NW1/4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 3 GRAPHIC SCALE 10 7~ ( IN FEET ) BONITA DRIVE 1 inch = 10 ft. ASPHALT SURFACE 69.0.* . 60.09 e LEGEND El CATV PEDESTAL I ELECTRIC METER Â® SEWER MANHOLE \ 9 GAS METER .. m * CURB STOP O FOUND REBAR AND *f CAP LS. #7168 0 SEWER CLEANOUT 3/ ELEVATION = 7867.5' FOUND REBAR AND 0 - WOOD FENCE r- CAP L.S. #7168 ~ BEARS S3423'07"W 60' 4 LIGHT POST C1 (3 @ DRYWELL @11 m TELEPHONE PEDESTAL UNIT B <ve ~ 11,162 sq. ft . UNIT A ; 0.256 acres 11,012 sq.ft.* UNIT A UNIT B 4 \ 0.253 acrest CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA _~__- -u ~ Cl 174.42 2001.77 87.27 174.37 S47Â°28'24"E 4'59'33" BUILDING SETBACK '11~11,111. 'tilt'11111 â€¢111111!tli .11,;111111, 111]11,11'. .1,111 4 16 0 5 % ~ Z BASEMENT LEVEL 2 4.4 02 .0 wa.0.Â·Â· *zaa..4.y. ... ~ 2 1 FOUNDA MON - PER -7 ~ ~ ACRH/TECTUAL PLANS ~ 4 \ 9 3 & Eld g + . CO CONCRETE 5 &.1 2% do DjmVEWAY 2% 5 + BASEMENT LEVEL \ LOT 24 1: i': ~. FOUNDATION - PER \ 22,174 sq. ft. IM \ -Jl N 0.509 acres Â£ - 0 - sâ€¢*71bi#diA,;83 52:mat *, A ~smÂ» ms,mt 9 6 5 ACRH/TECTUAL PLANS / L.J COVERED PA 0 p '1 9.60 6 0 r- 19 LOT 23 CONCREE - 0 I DRIVEWAY STONE COLUMN Â° 4 06 1 1.4' 1 me # 15.5' . 20.6' WINDOW ~ WELL I *% 16.2' 4- f -8.0 2 -1 r 0. b TWO STORY 9.4' 0.6' WOOD FRAME DUPLEX 00 W/DRYSTACK STONE - 4%88%5*e **23* &*** 5*8*44 N 8.6' 9 15.2' 81 0 0 6 1 4.7' AND BASEMENT 1 LOT 25 Â· COMMON WALL . 1 Â¢ n 21,1, FLOOR ELEV. O MAP NOTES 0 1 -- is (0 9 -0 DOOR JAM .3' 0 5/ 16.1' 1 TWO STORY 8.3' 44.5' 1) The exterior vertical perimeter walls, the air space to a height of d WOOD FRAME DUPLEX ~ 7868.72' 50 feet above the elevation of the finished floor on the main level of W/DRYSTACK STONE FLOOR ELE% -Â¤, O DOOR JAW -un . a Building, and the land to a depth of 20 feet below finished floor of 0 . --f A AND BASEMENT r< 786Z 76' Tj. imifm,-mifir=lium# H.i Â·4+~HH'lle- p the main level of a Building, including the Building foundation, shall 4 15.6' mark the perimeter boundaries of a Unit as shown on this IN A \DO L Condominium Map and as further defined and described in the f 1 7REPLACE i Declaration. LJ L.1 5 \/ FLAG STONE PA 710 / i 1 .6' ymmâ€ž, ,:u"l'.. Ill 11 . MI,4-lill#m'111 Â·It ' COVERED WOOD -1 1 r.-1 .... =,u-.,EF-1 1ND BBQ ~ k DECK ABOVE 0 4 2) The Units are subject to easements for the service utility lines and 0 26.3' $ : ~ facilities serving the Units and other easements as provided in the '<-'lum ....im-11'll-, 5 ..4 23.0' 'Â· Â»INDOW Â»ELL B ... .4 0 BASEMENT LEVEL // Declaration. ACRH/TECTUAL PLANS FOUNDA DON - PER j P FLAG STONE PA770 WINDOW WELL -1 3) See Paragraph 3 of the Declaration for a description of the COVERED WOOD ~ obligations and responsibilities associated with the common walls DECK ABOVE WINDOW ' that divide the Units. WELL 4 F/REPLACE 0 _ 4) All areas North and West of the common unit boundary are %/ Â¢ AND BBQ FLAG STONE PATIO U STONE COLUMN COMMON UNIT appurtenant to Unit A; All areas South and East of the common unit COVERED WOOD ( TYP.) BOUNDARY DECK ABOVE boundary are appurtenant to Unit B. 5) Setbacks & Utility easement are from the record plat of the West BASEMENT LEVEL FOUNDATION - PER BULDNE-Â§EEXEF Aspen Subdivision, Filing No. 1, and the building permit submittal 10Â· ACRH/TECTUAL PLANS drawings. 94.89' 21.35' S 52Â°06'00" E 71.77' FOUND REBAR AND CAP L.S. #7168 S 44Â°51'00" E 116.24' FOUND REBAR AND _J CAP L.S. #7168 FOUND REBAR AND _j CAP LS. /13166 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREEL SUITE A3 NORCE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL -94' ACnON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECL IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 YFARS FROM THF n ATF OF CFRnFICAT1ON SHOWN HFRFON AJS/HMS 29227 11/15/10 EX\29227-CONDO 'W#I BASIS-OF BEAR 6.8' ~MENG..SEBACK- - - BUILDING SETBACK N 44Â°10'00" E - LAND CONDOMINIUM MAP OF: THE RESIDENCES AT BONITA WAY LOT 24-WES-T-ASPEN-SUBDIVISION FILINGI-SI-Â¥UXTED IN-THE NWi/4-SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 3 CHIMNEY ELEVATION 7899.30' Â· _CHIMNEYELEVATION_782229' LINIT B ~ UNIT A PEAK ELEVATION 7898.27' I ++ I ELI f-+ /Â» I - F173-71-T11 Fl ~ ir ~4U Â«:jtz... ~ L:. 17777-Il:. Tri 30' 7898.32' 30' ROL DATUM NOnCE ACnON AFTER 1 BASED 1 AJS/HMS 29227 11/15/10 29227-CONDO r - - illualulluillilillillillugillaillillilillrillinlilli lili IliNililililillillilkwill~~~illullimillilill Ililillilj 'llili~'~Ili~"~I~I~~piv .Iriw~ri" ./ilililili illitillimilljibillillilll:l~~~~l~~ilill Luul 1. 1. .. .. ........ ..M-11 ~ '11.1..'..11.11.11..1.....1.-~ Lnillf~~~~-~~'~~4~'- IGmir:~:i....m..,.- A . 0 :00 0 A . . A e. 40 - .r..lili....Wilimr........ilimirrrrrrialilli:N::::::Irillill .I. *111"..149; h ....all. -ht -- . 1. A . :.. . A . A 0 . A -REE . L___] -11.-11-11....1.1-11-11-1.-1., ..1-11-1.-1.-1.. ..1-11-.-1.-1.. I il 1 1. - -I-- . I m . 0.0 . 0 . I . .O 1. A..... .... ..... A. I . .1 . I. .... A. A ... I I . .. . I ID :. 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