HomeMy WebLinkAboutcoa.lu.co.211 Midland Ave.A66-91PROMONTORY CONDO. -AMEND. To CONDO DEC
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of
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113-63250-134 GMP/CONCEPTUAL
00125
00123
00115
County
00113
00125
00123
00113
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
REFERRAL FEES:
-63340-205
-63340-190
-63340-163
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63450-146
REFERRAL FEES:
-63340-205
-63340-190
-63360-143
PLANNING OFFICE SALES
00113-63080-122
-63090-123
-63140-124
-69000-145
GMP/FINAL
SUB/CONCEPTUAL
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/ �1
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING c t O —
SUBTOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMP. PLAN
COPY FEES
OTHER
SUBTOTAL
tz TOTAL _C', -'
Name: Lw r o1c �� ,� /so. Phone:
Address: Project:
Check # `i` --�o Date: 1 cello I Cl I
Copies received: #of Hours:
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street H.31—
I7;,-�S-OC
Aspen, Colorado 81611 c2 /
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 - 63721 - 47331 GMP/CONCEPTUAL
- 63722 - 47332
- 63723 - 47333
- 63724 - 47341
- 63725 - 47342
- 63726 47343
- 63727 47350
- 63728 - 47360
REFERRAL FEES:
00125 -63730 - 47380
00123 -63730 - 47380
00115 -63730 -47380
County
00113 -63711
- 47431
- 63712
- 47432
- 63713
- 47433
- 63714
- 47441
- 63715
- 47442
- 63716
- 47443
- 63717
- 47450
- 63718
- 47460
GMP/PRELIMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUB -TOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63730
- 47480
ENVIRONMENTAL HEALTH
00123
- 63730
- 47480
HOUSING
00113
- 63731
- 47480
ENVIRONMENTAL COORD.
00113
- 63732
- 47480
ENGINEERING
SUB -TOTAL
PLANNING OFFICE SALES
00113
- 63061
- 09000
COUNTY CODE
- 63062
- 09000
COMP. PLAN
- 63066
- 09000
COPY FEES
- 63069
- 09000
OTHER
Name:
Address:
Check #
Additional Billing:
SUB -TOTAL
TOTAL
Phone:
Project:
Date 7 _--
# of Hours: T
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 11 26 91 PARCEL ID AND CASE NO.
DATE COMPLETE: / ��! 2737-181-07-010/11 A66-91
STAFF MEMBER• LL
PROJECT NAME: Promontory Condominium Amend. To Condo. Declar.
Project Address: Units 1 and 2 Promontory Condominiums
Legal Address•
APPLICANT: Theresa Hubbert Schiff
Applicant Address:
REPRESENTATIVE: Brooke Peterson
Representative Address/Phone: 315 East Hyman Avenue
Aspen, CO 81611 925-8166_
PAID:(YES) NO AMOUNT: $203 NO. OF COPIES RECEIVED 2/2
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
71inDirector�
��t
Paid:
bstantiaor Exemption: Date:
REFERRALS:
City Attorney Mtn Bell School District
Z City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork Other
Aspen Con.S.D. Energy Center
DATE REFERRED: //��� / INITIALS:
FINAL ROUTING: DATE ROUTED:�C)T , INITIAL:
City Atty
Housing
City Engineer
Other•
FILE STATUS AND LOCATION:
Zoning Env. Health
November 10, 1993
Mr. Brooke Peterson
315 East Hyman Avenue,
Aspen, Colorado 81611
Re: Lakeview Townhome Condominiums Plat
Dear Brooke:
THE CITY OF ASPEN
OFFICE OF THE CITY ENGINEER
The above referenced plat is lacking information required by state and local statute. This
was identified in memos of October 30, 1990, and January 8, 1992, copies of which is
attached for your information.
The concerns and needs are as follows:
1. Width of adjacent right-of-way and any variation in width across the frontage of the
property;
2. A statement whether or not the 5' reservation for widening of Park Avenue as shown
on the plat of Promontory Subdivision, filed at Plat Book 2A, Page 240, is reflected on
the condominium plat;
3. A reference on the condominium plat that it amends the Promontory Subdivision plat
at Plat Book 2A, Page 240, and the Promontory Condominium plat at Book 8, Page 50;
4. Items 4 through 11 on the attached memo of January 8, 1992 which have not been
responded to yet as of this writing, and items 3 through 5 on the attached memo of
October 30, 1990;
5. Asper discussions with applicant, trash area needed to be formalized, by easement and
encroachment license if legitimized in front of adjacent property, to which applicant
responded that trash areas would be indicated and utilized on the property, in the garages,
plat note number 3 notwithstanding, therefor necessitating revision on face of drawing to
delete trash storage indications in public right-of-way;
6. All surface improvements in adjacent right-of-way, including but not limited to edge
of pavement, curb and gutter, approximate location of future 5' wide sidewalk, driveway,
licensed encroaching driveway and landscaping with note for license book and page (the
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 - PHONE 303.920.5088 FAx 303.920.5197
PnMWa_'YC dP1P.'
mail boxes were determined not to be encroachments and were not included in the
encroachment agreement, therefore that note needs revision);
7. Plat certificates (please refer to attached);
8. Indication of zone district, basis of bearings, date of survey, performance in accordance
with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time,
and closure of survey to within 1:10,000;
9. A written description of the area including total acreage to nearest 0.001 acre;
10. Monumentation of all property corners;
11. Are the GCE's and LCE's correct? Normally someone's yard would be an LCE.
12. The air conditioner, swimming pool, and hot tub future locations should be removed
from the plat because the setbacks appear to be incorrect, and any building permits issued
in the future would be issued under setback requirements in place at the time of issuance.
13. Identify and label adjacent subdivided lots.
14. The blanks for two easements have not been filled in.
15. Provide index of sheets on cover sheet.
16. Gas meter is indicated; water and electric meter locations must also be indicated.
Brooke, this plat is substantially incomplete. Information provided by this office four years
ago and two years ago has not even been included in the current submission.
If you have any questions, please call me at 920-5088.
Sincerely,
&6COL
Chuck Roth, P.E.
City Engineer
cc: Bob Gish, Public Works Director
Leslie Lamont, Planning Office
L93.101
r�
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer (��
Date: January 8, 1992
Re: Promontory Condominium Plat Amendment
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. Some of the following comments were provided for the Schiff
Conditional Use Review application. A copy of that memo is
attached.
2. This parcel may have been approved in 1979 for
condominiumization. There is a plat on file at the County Clerk's
office and in the city engineering department, but it does not
appear to be a bona fide plat with proper signatures, such as
approval by city council. Since condominium approvals do not
expire if a plat is not recorded, the incomplete previous plat may
not matter.
3. The applicant has applied for an encroachment license for the
extra driveway. It is scheduled for the council agenda of February
10. The current application should be approved conditional upon
the successful resolution of the encroachments issue.
(Transformers are not generally permitted in the right-of-way, but
given the easement which is being conveyed and the small amount of
space in question, the engineering department would not interpret
it as an encroachment.)
4. The plat is missing too many elements to enumerate each item.
The applicant is referred to the municipal code for plat content
requirements. I see that the surveyor who prepared the plat
appears to be a first time for city plats. He should call
engineering so that we can discuss details.
5. It is not clear from the plat that the proper number and size
of parking spaces has been provided. It appears that one parking
space in one garage may not be usable due to the location of a
wall.
6. The plat must show the width of the adjacent right-of-way, the
edge of pavement, curb and gutter, and the driveways with a
notation for the we driveway for the encroachment license to be
obtained with book and page numbers.
7. The trash area is not adjacent to the property, therefore it
is technically not an encroachment of the applicant's.
Nonetheless, trash facilities may not be in the public right-of-
way and must be provided for on the applicant's property and so
indicated on the final plat.
8. The "mutual consent" note implies that the yards are in fact
LCE's (limited common elements) to Unit A or B.
9. Some book and page blanks have not been filled in on the plat.
One triangle at the northeast corner of the property has been
labelled, but the other two triangle functions are unclear.
10. The plat shows future hot tub areas. This is not a detail
that is approved by plat approval. It is not an engineering
function to approve future hot tub locations. Perhaps they should
be removed from the plat.
11. The surveyor's certificate must indicate that all easements
of record as indicated in title policy dated have been shown.
A copy of the title policy must be provided to the engineering
department.
12. The application makes no reference to having met the storm
runoff requirements of the municipal code.
13. Given the continuous problems of unapproved work and
development in public rights -of -way, we would advise the applicant
as follows:
The applicant shall consult city engineering (920-5080)
for design considerations of development within public
rights -of -way and shall obtain permits for any work or
development within public rights -of -way from city streets
department (920-5130).
14. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way using language currently
available from the city attorney's office.
cc: Bob Gish, Public Works Director
cr/M92.15
•
IuT2luto] 0A ki,101Nz1
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer 61e
Date: January 15, 1992
Re: Promontory Condominium Plat Amendment
Please accept this addendum to our January 8 memo.
1. Section 19-98 requires construction of sidewalk "for all new
construction in certain districts." Therefore, construction of
sidewalk should be required prior to plat approvals. If timing is
a problem, the applicant should be required to post a bond for
construction of sidewalk in the spring.
2. Since the plat does not identify the width of the adjacent
right-of-way, I cannot determine if this is a concern to the city.
If the ROW is 50' wide, we would recommend requesting that the
applicant dedicate 5' of public ROW. This detail should have been
a condition of approval when condominiumization was approved in the
1701s, therefore we are only suggesting it as request at this time.
cc: Bob Gish, Public Works Director
cr/M92.19
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C7
MEMORANDUM
TO: City Engineer
FROM: Leslie Lamont, Planning Office
RE: Promontory Condominium Amendment
DATE: November 29, 1991
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Attached for your review and comments is an application from
Theresa Schiff requesting approval of an amendment to the Promotory
Condominium Declaration.
Please return your comments to me as soon as possible, but no later
than December 13th. Thanks
LAW OFFICES
BROOKE A. PETERSON
A PROFESSIONAL CORPORATION
315 EAST HYMAN AVENUE �� 1
ASPEN. COLORADO 81611
(303) 925-8166
TELEFAX: (303) 925-1090
HAND DELIVERED
December 5, 1991
City of Aspen
Pitkin County Planning Office
Attn: Leslie Lamont
130 S. Galena
Aspen, CO 81611
Re: Amendment to Condominium Declaration for the Promontory
Condominiums
Dear Leslie,
Pursuant to the letter I received from Debbie Skehan, I am
enclosing a copy of the Deed vesting title in Units 1 and 2, The
Promontory Condominiums, as well as a letter from Ms. Schiff
allowing me to represent her in this matter.
I am also enclosing two (2) new copies of the proposed
Condominium Plat.
Should you need further information, please do not hesitate to
contact me. Thank you for your assistance.
Very truly yours,
BROO':fA ibnal,1jSP. C.
A P ofessi na J Corp ration
n
Enc.
Recorded at
Reception No.
— O—L
o'clock _ ill., —
---
WARRANTY DEED
TIIIS DrrD, Made this -1)d; y o f Au g u s t
19 88 , between PAUL MARK KLINGEMAN and PAMELA K.
KLINGEMAN
of the • Contlyof Pitkin and State of
Colorado, grantor, and TIIERESA M . IIUBBERT SCIIIFF
whose legal rtol,h—m i, 6416 Ventnor Avenue, Ventnor City, NJ 08406
New Jersey
of the Coonty of tuul Stine of-f"mmirr; rrawee:
WITNESSE:111,'1'h:n the motor lio and in consider;nion (if the Stull of TEN DOLLARS ( $ 10 . 0 0) and other
good and valuable consideration-+►�>t1-�r+t4
the receipt and sufficiency of which is hereby acknowlcdged, ha, grmtcll, h:ogained, sold and conveyed, and by these present, does Brant, bargain, ,ell,
convey and confirm, unto the grantee, his heirs told assigns forever, all the real properly iogelher with improvements, if any, sittaate, lying and Irving in file
Counly of Pitkin and Sime of Colorado described as follows:
CONDOMINIUM. UNITS 1 and 2, PROMON`CORY CONDOMINIU11S,
according to the Map thereof recorded in Plat Book 8,
at Page 50, and as further defined and described in
the Condominium Declaration for Promontory Condominiums
recorded November 1, 1979 in Book 378 at Page 562,
as kntrwn by street and number ;u: 265 and 267 Midland Avenue, Aspen, Colorado 81611
TOGS 111ER with all and singular file hercdilamcnts alnl apnurlentnces Ihctrto belonging, or in :olywise appertaining, and the reversion and
reversions, remainder and remainders, n•nls, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor, eilher in law or equity, (if, in and to the above barp;aincd premises, with the hcreditanlcnls and appurlena aces.
TO HAVE AND TO 1101.1) the said premises above bargained end described, with the appurtenances, unto the grantee, his heirs end assigns
forever. And the grantor, fitrhimsclf, his heirs, and personal re lire Nenta Iive%, d1es covenant, grant, h:ogain, and :ogrcc to:uul wish the grange, his heiro and
assigns, that at the tine of the cnscaling and delivery of these presents, he is well seiic(lul'the ptrntises alowe conve)rd, has g000l, sure, perfect, absolute
and indefeasible esl:dc of inherit:utcc, in line, ill Ice simple, end has good right, full power and lawful anthurily w great, h;orgain, sell and convey the same
in manner and lorm as ;i1lowsaid, and that the same are free and clear from all limner and other grants, harg;ains, sales, liens, taxes, asscssneols,
n a
encumbrances and restrictions of whenever kind or nantre soever, except and su j beet to: See Exhibit A
attached hereto and incorporated herein by this reference.
The grantor shall and will WARRANT AND FOREVER DEFEND fllc above -bargained premises in the quiet and peaceable possession of the rraoee,
his heirs and assigns, against all told every person or persons lawfully claiming the whofe or any part thereof. The singular numhershall include the plural,
Ih ur I Ih i afar, and the use of any gender shall be applicable In all genders.
t wr RC WIIRIt1"OP. dlReranlo.Oexecued this deed on the dine set forth above.
PA L A111 (L�GI'A f�
PAME A IC . LING MAN� f
STATE: OI' COI-ORADO l
cminlynr Pitkin
Is -
The foregoing instninlent was acknowledged before ne this `11 " r t day of August Io 88,
by PAUL MARK KLINGEMAN and PT1IELA IC . KLINGEMAN.
My commission expires la) Witness n1y hand told official seat.
t
Joy S. HIGem/Notary Public ) I
My Commission oop4I2?/gt'• Nowy Nbli,f
R()1 East Hopkins
Aspen, Colorrrio Fitii' 11)
I
'If in t)rnvcr, insert "City and ".
No. 932A. Rev. 7-114. WARRAFn'Y DEED (Fur Pbningraphic Record
IlrulfoidPuhtiahing.Sx23W.6111Ave.. Lakewood, COa021.f—f101)213-6400 11.86 If�ll)
E X H I D I T "All i
To the Warranty Deed between PAUL MARK KLINGEMAN and PAMELA K.
KLINGEMAN, Seller, and TIIERESA M. ITUBBERT SCHIFF, Purchaser, for i
Units 1 and 2, Promontory Condominiums, Aspen, Colorado 81611
(EXCEPT AND SUBJECT TO:)
1. General taxes for 1988 due and payable 1989.
2. Reservations and exceptions as contained in Patent
recorded in Book 175 at Page 246.
3. Right of Way as described in Book 183 at Page 38.
4. Terms, conditions, obligations and provisions of
Subdivision Restrictions as set forth in instrument recorded in
Book 183 at Page 38.
5. Terms, conditions, obligations and provisions of
I'Condominium Declaration as set forth in instrument recorded in
I Book 378 at Page 562.
6. Easements, rights of way and other matters as shown and
contain in Condominium Map recorded in Plat Book 8 at Page 50.
it 7. Terms, conditions, obligations and provisions of Statement
Exemption from the Definition of Subdivision as et forth in
lof
s
instrument recorded in Book 378 at Page 177.
TALL DOCUMENTS ARE RECORDED IN THE RECORDS OF PITKIN COUNTY
6
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HAND DELIVERED
December 4, 1991
City of Aspen
Pitkin County Planning Office
Attn: Leslie Lamont
130 S. Galena
Aspen, CO 81611
Dear Leslie,
The undersigned, being the owne
Condominiums, hereby consents to th
Peterson, Esq. with respect to the
Declaration and Condominium Plat for
reflect the reconstruction of the
applications in connection therewith
of Aspen.
r of Units 1 and 2, Promontory
e representation by Brooke A.
amendments to the Condominium
the Promontory Condominiums to
structure, and the land use
presently pending in the City
Yours very truly,
Theresa M. Hubbert (Schiff)
•
0
HAND DELIVERED
November 26, 1991
LAW OFFICES
BROOKE A. PETERSON
A PROFESSIONAL CORPORATION
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
(303) 925-8166
TELEFAX: (303) 925-1090
City of Aspen
Pitkin County Planning Office
Attn: Leslie Lamont
130 S. Galena
Aspen, CO 81611
'26
Oil
Re: Amendment to Condominium Declaration for Promontory Condo-
miniums
Dear Leslie,
Pursuant to our pre -application conference, please allow this
letter to serve as application on behalf of Theresa M. Hubbert
Schiff, the owner of Units 1 and 2, Promontory Condominiums for
permission to amend the Condominium Declaration and the Condominium
Plat for the Promontory Condominiums to reflect the reconstruction
of the structure in accordance with the drawings as shown on the
enclosed plat, and the amendment of the declaration to accomplish
among other matters, the change of the name of the condominium
project from "Promontory Condominiums" to the "Lake View Townhome
Condominiums."
In accordance with our discussions, I am enclosing herewith
two (2) copies of the revised Condominium Plat for the Promontory
Condominiums, to be known in the future as the Lake View Townhome
Condominiums, two (2) copies of the Amendment to the Condominium
Declaration to the Lake View Townhome Condominiums, and the
application fee in the amount of Two Hundred Three and no/100
Dollars ($203.00) for this process. I have also enclosed a copy of
the original Condominium Declaration for Promontory Condominiums
and the original Statement of Exemption from Subdivision for your
reference.
It is my understanding from our conversations that this matter
will be processed as an "insubstantial change" and reviewed within
the Planning Office itself. I would appreciate it if you would
review this documentation, and advise me if there is anything
further that you need at this time prior to the review.
•
Page Two
Should you have any questions, please feel free to contact me.
Very truly yours,
By:
cc: Theresa M. Hubbert
Gideon Kaufman, Esq.
ETER ON, P.C.
fessi a Co oration
A.
•
AMENDMENT TO CONDOMINIUM DECLARATION
FOR PROMONTORY CONDOMINIUMS, (A CONDOMINIUM) TO BE KNOWN
HEREAFTER AS LAKE VIEW TOWNHOME CONDOMINIUMS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Theresa M. Hubbert Schiff is the owner of Units A and
B of the Promontory Condominiums, which condominiums were created
pursuant to a Condominium Declaration recorded in Book 378 at Page
562 et. sea. of the records of Pitkin County, Colorado, and
WHEREAS, pursuant to Paragraph 16 thereof, Theresa M. Hubbert
Schiff, hereinafter referred to as "Declarant" is desirous of
amending said Condominium Declaration in its entirety to read from
and after the date hereof as follows, and
WHEREAS, Declarant desires to preserve the condominium project
on said property under the Condominium Ownership Act of the State
of Colorado and to establish thereby a plan for ownership and fee
simple of the real property of estates consisting of the area or
space contained in each of the units as hereinafter defined, and
the ownership by one or more the individual or separate owners
thereof as tenants in common of all the remaining real property
hereinafter referred to as the "common elements",
NOW THEREFORE, Declarant does hereby publish and declare that
the following terms, covenants, conditions, easements, uses,
restrictions, limitations and obligations shall deem to run with
the land, shall be a burden upon and a benefit to the Declarant,
Declarant's heirs, personal representatives, successors and assigns
and any persons acquiring owning interest in the real property
encumbered hereby and the improvements thereon, their grantees,
lessees, successors, heirs, personal representatives,
administrators, devisees or assigns, it being the intent of the
Declarant from and after the date hereof the provisions hereof
1
•
shall govern the condominiums located on Lot 5, Promontory
Subdivision, City of Aspen, County of Pitkin, State Colorado.
I. AMENDMENT TO CONDOMINIUM DECLARATION.
Pursuant to Paragraph 16, from and after the date hereof, the
Condominium Declaration for Promontory Condominiums recorded in
Book 378 at Page 562, et. seq. , shall be amended to read in its
entirety as follows hereafter. Upon the execution hereof the
Condominium Declaration recorded in Book 378 at Page 562, et. sea. ,
shall be of no further force and effect.
II. DEFINITIONS.
2.1 Act. "Act" means the Colorado Condominium Ownership Act,
Article 33 of Title 38, 1973 Colorado Revised Statutes, as amended.
2.2 Building. "Buildings" mean the building now and any
building hereafter constructed on the Real Property.
2.3 Common Elements. "Common Elements" means all of the
Project, except the portions thereof which constitute Units, and
also means all parts of the Building or any facilities and fixtures
which may be within a Unit which are or may be necessary or
convenient to the support, existence, use, occupancy, operation,
maintenance, repair, or safety of the Building or any part thereof
or any other Unit therein, including but not limited to the
foundations, columns, girders, beams, supports, main walls, roofs
and crawl spaces contained in each of the building improvements
which are the subject of this Declaration, and the "party wall"
dividing Units A and B as shown on the Condominium Map; the
installations in the Building consisting of the equipment and
materials making up the central services such as tanks, pumps,
motors, fans, compressors, ducts, power, sewer, light, gas, hot and
cold water, heating, ventilating and air conditioning and, in
general, all apparatus and installations existing for common use.
2
The Common Elements shall be owned as tenants in common by the
Owners of the separate Units, each Owner having an undivided
interest in such Common Elements as hereinafter provided.
2.4 Common Expenses. "Common Expenses" means and includes:
A. 1. Expenses of administration, operation and management,
repair, or replacement of the Common Elements of the Project, and
of any property which the Owners are obligated to care for by
virtue of the terms of any other agreement;
B. 2. Expenses declared Common Expenses by the provisions of
this Declaration.
C. All sums lawfully assessed against the Common Elements of
the Project by the Owners or Managing Agent
D. Expenses agreed upon as Common Expenses by the Owners; and
E. Expenses as are levied by the Managing Agent.
2.5 Condominium Unit. "Condominium Unit" means a Unit
together with the undivided interest in the Common Elements
appurtenant to that Unit. The undivided interest in Common
Elements appurtenant to each Unit is described in the Section of
this Declaration entitled Undivided Interests in Common Elements
(expressed as a percentage of the entire ownership interest in the
Common Elements) as set forth in Exhibit A attached hereto.
2.6 Declarant. "Declarant" means Theresa M. Hubbert Schiff.
2.7 Declaration. "Declaration" shall mean this Condominium
Declaration, together with any supplements or amendments thereto
that have been recorded in the office of the Clerk and Recorder of
Pitkin County, Colorado.
3
2.8
(a) (1) General Common Elements. "General Common Elements"
means all Common Elements except Limited Common Elements.
(b) (2) Restricted General Common Elements. "Restricted
General Common Elements" means those portions of the General Common
Elements as designated, located or shown on the Condominium Map by
legend, symbol or word, whose use shall be limited to the uses as
shown and designated on the Condominium Map.
2.9 Limited Common Elements. "Limited Common Elements" mean
those parts of the Common Elements that are either limited to and
reserved for the exclusive use of an Owner of a Condominium Unit,
which Limited Common Elements are deemed to be an inseparable
appurtenance to such Condominium Unit and shall include, but shall
not be limited to, pipes, ducts, electrical wiring, conduits,
flues, and built-in fireplaces (if any) located entirely within a
Unit and serving only such Unit, the air conditioning and hearing
systems serving exclusively any Unit, such portions of the
perimeter walls, floors and ceilings, doors, windows and all
associate fixtures and structures intended to be physically located
within the Unit, as may lie outside the Unit boundaries.
Additionally, Limited Common Elements shall mean and include any
balcony, porch, storage room, patio, or parking area that is
accessible from, associated with, and/or which adjoins a Unit, as
may be designated, located, or shown on the Condominium Map be
legend, symbol, or word, and shall, without further reference
thereto, be used in connection with such Unit to the exclusion of
the use thereof by the other Owners of Condominium Units except by
invitation.
2.10 Map. "Map" means the Condominium Map for Lake View
Townhome Condominiums (formerly known as the Promontory
Condominiums(, filed or to be filed in the records in the office of
the Clerk and Recorder of Pitkin County, Colorado ("Pitkin County
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Records") and shall include any supplements and amendments thereto.
2.11 Mortgage and First Mortgage. A "Mortgage" shall mean a
mortgage or a deed of trust or similar security interest
encumbering a Condominium Unit. A "First Mortgage" means a
Mortgage in a position of first priority on the Condominium Units
and amendments thereto.
2.12 Mortgagee and First Mortgagee. "Mortgagee" means any
person or persons or entity or entities who is a mortgagee under a
mortgage or a beneficiary under a deed of trust or similar security
interest instrument encumbering a Condominium Unit. "First
Mortgagee" shall mean a Mortgagee whose Mortgage is in a position
of first priority on the Condominium Unit it encumbers.
2.13 Owner. "Owner" means the person or persons or entity or
entities, including Declarant, who own fee simple title to a
Condominium Unit. The term Owner shall not include the owner or
owners of any lesser estate or interest and shall not include a
Mortgagee or other person or entity that holds an interest merely
as security for the performance of an obligation.
2.14 Mutual Consent Usage Division Line. "Mutual Consent
Usage Division Line" shall be that imaginary line which is shown
and designated as such on the Condominium Map.
2.15 Project. "Project" means the Real Property, the
Building, and all other improvements on the Real Property, and all
rights, easements and appurtenances belonging thereto.
2.16 Real Property. "Real Property" means the real property
located in the City of Aspen, Pitkin County, Colorado described as
follows:
Lot 5, Promontory Subdivision
together with all rights and interests appurtenant thereto.
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1 0 0
2.17 Related Party. "Related Party" means any guest,
invitee, tenant, customer, agent, or employee of an Owner, any
member of the family of an owner or other person who uses the Unite
of an Owner, and any person or entity not an Owner, who has
acquired any title or interest in a Condominium Unit by, through,
or under an Owner, including a lessee, licensee, or mortgagee and
any guest, invitee, subtenant, customer, agent, or employee of such
a person or entity.
2.18 Unit. "Unit" means an individual air space which is
contained within the windows, doors, and finished perimeter walls,
floors (or lowermost floors, if it is an individual air space Unit
containing more than one level) and ceilings (or the uppermost
ceilings, if it is an individual air space Unit containing more
than one level) of each Unit as shown on the Condominium Map to be
filed for record, together with all fixtures and improvements
therein contained, but not including any of the Common Elements, if
any, located within the Unit. The term "finished perimeter walls,
floors, and ceilings," as used herein, shall not include any paint,
carpeting, wallpaper, paneling, or other wall, floor, or ceiling
decorator treatment. Each Condominium Unit is designated on
Exhibit A attached hereto.
III. DECLARATION AND EFFECT THEREOF.
3.1 Declaration. Declarant for itself, her successors and
assigns, as Owner of the Project, hereby declares that the Project
shall at all times be owned and held in condominium ownership under
the Condominium Ownership Act of the State of Colorado and shall at
all times be owned, held, used, and occupied subject to the
provisions of this Declaration.
3.2 Division into Condominium Units. The Project is hereby
divided into two (2) Condominium Units, each consisting of a
separate fee simple estate in a particular Unit and an appurtenant
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undivided fee simple interest in the Common Elements.
3.3 Undivided Interests in Common Elements. The undivided
interest in Common Elements appurtenant to a particular Unit shall
be Fifty Percent (50%). Each Owner shall own his appurtenant
undivided interest in Common Elements as a tenant in common with
all other Owners.
3.4 Description of a Unit. Any instrument affecting a
Condominium Unit may legally describe it by the identifying
Condominium Unit number shown on the Map covering the Condominium
Unit. This identifying number for a Condominium Unit in the
Project is the letter on the Map identifying the Condominium Unit.
A legal description of a Condominium Unit in the Project may be in
the following form:
Condominium Unit , Lake View Townhome
Condominiums, Pitkin County, Colorado, according
to the recorded Condominium Map thereof,
and any conveyance or other instrument affecting title to a
Condominium Unit or any part thereof describing the Condominium
Unit in the Project in substantially the foregoing form or
otherwise describing the Condominium Unit shall be deemed to
include and describe the entire Condominium Unit including the
appurtenant undivided interest in Common Elements and all of the
rights, easements, obligations, limitations, encumbrances,
covenants, conditions, and restrictions benefiting or burdening the
Condominium Unit under the terms of this Declaration.
Any reference to Lake View Townhome Condominiums in any
description shall mean Lake View Townhome Condominiums according to
the Map covering the Project and this Declaration, all as filed and
recorded in the office of the Clerk and Recorder of Pitkin County,
Colorado.
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3.5 Duration of Condominium Ownership. The condominium
ownership of the Project created under this Declaration shall
continue until this Declaration is terminated or revoked as
hereinafter provided.
3.6 Inseparability of Condominium Unit. The interest of an
Owner in a Unit and the appurtenant undivided interest in Common
Elements which constitute a Condominium Unit shall be inseparable
for the period of condominium ownership hereinabove described.
3.7 Partition of Common Elements not Permitted. The Common
Elements shall be owned in common by all Owners of Condominium
Units, and no Owner may bring any action for partition thereof.
Except as set forth herein, no Owner shall partition or subdivide
any Condominium Unit so as to encumber or convey an interest in
less than an entire Condominium Unit with the prior written consent
of the Declarant as defined in this Declaration. In addition, no
subdivision may taken place without full compliance with the
applicable City of Aspen land use regulations as amended from time
to time. "Subdivision" as used herein shall be deemed to include
the division of a Condominium Unit into time-share or interval
estates. This Section is not intended, however, to prohibit joint
or common ownership of a Condominium Unit by two or more persons or
entities.
3.8 Ad valorem Taxation. All taxes, assessments, and other
charges of the State of Colorado or of any political subdivision or
of any special improvement district or of any other taxing or
assessing authority shall be assessed against and collected on each
Condominium Unit separately and not on the Building or Project as
a whole and each Condominium Unit shall be carried on the tax books
as a separate and distinct parcel. For the purpose of valuation
for assessment, the valuation of the Common Elements shall be
apportioned among the Units in proportion to the fractional
undivided interests in Common Elements appurtenant to and part of
the Condominium Units. The Declarant shall deliver to the County
Assessor of Pitkin County, Colorado, a written notice as required
by the Condominium Ownership Act of Colorado, setting forth
descriptions of the Condominium Units and shall furnish all
necessary information with respect to such apportionment of
valuation of Common Elements for assessment. The lien for taxes
assessed to any Condominium Unit shall be confined to that
Condominium Unit. No forfeiture or sale of any Condominium Unit
for delinquent taxes, assessments, or other governmental charges
shall divest or in any way affect the title to any other
Condominium Unit.
3.9 Mechanic's Liens. No labor performed or materials
furnished for use in connection with any Condominium Unit with the
consent or at the request of the Owner thereof or his agent,
contractor, or subcontractor shall create any right to file a
statement of mechanic's lien against the Condominium Unit of any
other Owner not expressly consenting to or requesting the same or
against any interest in the Common Elements except the undivided
interest therein appurtenant to the Condominium Unit of the Owner
for whom such labor shall have been performed and such materials
shall have been furnished. Each Owner shall indemnify and hold
harmless each of the other Owners from and against liability or
loss arising from the claim of any lien against the Condominium
Unit, or any part thereof, of any other Owner for labor performed
or for materials furnished, in work on the first Owner's
Condominium Unit.
IV. VARIOUS RIGHTS AND EASEMENTS.
4.1 Owner's Rights in General Common Elements. Subject to
the other provisions of the Declaration, each Owner, and any
Related Party of such Owner, shall have a nonexclusive right to use
and enjoy the General Common Elements, provided there is no
hindrance or encroachment upon the rights of use and enjoyment of
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other Owners as provided hereunder.
4.2 Owner's Rights in Limited Common Elements. Subject to
the other provisions of the Declaration, each Owner, and any
Related Party of such Owner, shall have an exclusive right to use
and enjoy the Limited Common Elements appurtenant to the
Condominium Unit owned by such Owner.
4.3 Owner's Rights in Unit. Subject to the other provisions
of this Declaration, each Owner shall have full and complete
dominion and ownership of the Unit which is part of the Condominium
Unit owned by such Owner and shall have the exclusive right to use
and enjoy the same.
Each Owner shall have the right (subject, however, to the
provisions of Section 5.2), to paint, repaint, tile, wax, paper,
and otherwise refinish and decorate the interior surfaces of the
walls, ceilings, floors, and doors, excluding exterior doors, which
are the boundaries of his Unit and the walls, ceilings, floors, and
doors within the boundaries of his Unit.
4.4 Managing Agent's Rights. The Managing Agent has the
irrevocable right to have access to each Unit from time to time
during reasonable hours as may be necessary for the inspection,
maintenance, repair or replacement of any of the General Common
Elements thereon or accessible therefrom or for making emergency
repairs therein necessary to prevent damage to the General Common
Elements or to another Unit or Units.
Damage to the interior of any part of a Unit resulting from
maintenance, repair, emergency repair or replacement of any of the
General Common Elements or as a result of emergency repairs within
a Unit at the instance of the Managing Agent shall be a Common
Expense of all of the Owners of Units having an interest in such
General Common Elements; provided, however, that if such damage is
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the result of the negligence of a Unit Owner, then such Unit Owner
shall be responsible for all of such damage.
4.5 Owners' Easements for Access Support and Utilities.
Each Owner shall have a non-exclusive easement for access between
the Unit which is part of the Condominium Unit of such Owner and
public roads and streets, the entrances, exits, halls, stairs,
landings, fire escapes, land, walks, and exterior access and other
easements which may be part of the General Common Elements. Each
Owner shall have a non-exclusive easement in and over Common
Elements, including Common Elements within the Unit of another
Owner, for horizontal and lateral support of his Unit which is part
of his Condominium Unit and for utility service to that Unit,
including water, sewer, gas, electricity, telephone, and television
service.
4.6 Easements for Encroachments. If any part of the Common
Elements encroaches or shall hereafter encroach upon a Unit, an
easement for such encroachment and for the maintenance of the same
shall and does exist. If any part of a Unit encroaches or shall
hereafter encroach upon the Common Element, or upon another Unit,
the Owner of that Unit shall and does have an easement for such
encroachment and for the maintenance of the same. Such
encroachments shall not be considered to be encumbrances either on
the Common Elements or a Unit. Encroachments referred to herein
include, but are not limited to, encroachments caused by error in
the original construction of the Buildings, by error in the Map, by
settling, rising or shifting of the earth, or by changes in
position caused by repair or reconstruction of the Project or any
part thereof. Encroachments herein referred to shall not include
intentional encroachments.
4.7 Easements in Unit for Repair Maintenance, and
Emergencies. Some of the Common Elements are or may be located
within a Unit or may be conveniently accessible only through a
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Unit. Each Owner and the Managing Agent shall have an easement for
access to each Unit and to all Common Elements from time to time
during such reasonable hours as may be necessary for the
maintenance, repair, or replacement of any Unit or the Common
Elements located therein or accessible therefrom.
4.8 Easements Deemed Appurtenant. The easements and rights
herein created for an Owner shall be appurtenant to the Condominium
Unit of that Owner and all conveyances of and other instruments
affecting title to a Condominium Unit shall be deemed to grant and
reserve the easements and rights as are provided for herein, even
though no specific reference to such easements appears in any such
conveyance.
V. ADMINISTRATION OF PROJECT.
5.1 Administration and Management. Each Owner shall manage
his own Unit and share management of the General Common Elements
co -equally with the other Owners, unless the Owners of both Units
agree upon the appointment of a Managing Agent to administer both
units and the Common Elements. Notices of Appointment of the
Managing Agent by the Owners of Units hereunder shall be placed of
record by the Managing Agent insofar as required by law or
practice. Until she no longer owns any interest in the Project,
Theresa M. Hubbert Schiff shall be the Managing Agent thereof.
5.2 Owners' Maintenance Responsibility. For purposes of
maintenance, repair, alteration and remodeling, an Owner shall be
deemed to own the exterior surfaces of such Owners' Unit the
limited common elements assigned thereto, and windows, doors,
interior nonsupporting walls, the materials (such as but not
limited to plaster, gypsum dry walls, paneling, wallpaper, brick,
stone, paint, wall and floor tile, and finished surfaces of the
perimeter walls), ceilings and floors within the Unit and the Unit
doors and windows; provided, however, that in exercising such
12
responsibility or any right ranted under this paragraph no repair,
alteration, remodeling or maintenance thereof shall modify the
appearance or color scheme of the exterior improvements as they may
exist from time to time by agreement of both of the Owners nor of
any landscaping on the property, without the written consent of
both of the Owners. The Owner shall not be deemed to own any
utilities running through his Unit which serve more than one Unit
except as a tenant in common with the other Owners. Such right to
repair, alter and remodel shall carry the obligation to replace any
finishing materials removed with similar or other types or kinds of
finishing materials of equal or better quality, and to maintain the
exclusive use area in neat and clean condition.
An Owner shall maintain and keep the interior., together with
exterior surfaces and other non -interior areas for which he is
responsible as provided above, of his own Unit and the Limited
Common Elements appurtenant thereto in good taste and repair,
including the fixtures thereof. All fixtures and equipment
installed with the Unit commencing at a point where the utility
lines, pipes, wires, conduits or systems (which for brevity are
hereafter referred to as "utilities") enter the Unit shall be
maintained and kept in repair by the Owner thereof.
In the event that the Owners do not agree on any repair,
alteration, remodeling or maintenance of the exterior improvements
or any landscaping on the Property, the decision of the Managing
Agent if one has been appointed, shall be binding on the Owners.
If no Managing Agent has been appointed, and the Owners do not
agree on any decision, each of the Owners shall appoint
a licensed real estate broker or a licensed contractor to represent
it, and those two in turn shall appoint a third licensed broker or
contractor, and the majority decision of those three (3) people
("the Arbitration Panel") shall be binding on the Owners as if made
by the Owners' mutual agreement. Thereafter, the implementation of
any such decision and the ability to levy assessments therefore as
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provided for herein shall be as if said decision was made by both
Owners. The disagreement of any Owner with any decision made
hereunder shall not limit or void his responsibility for his
prorata cost thereof.
5.3 Assessment for Common Expenses. All Owners shall be
obligated to pay the assessments imposed by the Declaration by the
Owners, Managing Agent or the Arbitration Panel to meet the Common
Expenses which shall be necessary to keep the Project in good and
attractive condition. Except for insurance premiums, the
Assessments for the estimated Common Expenses, including all
insurance shall be due in advance on the first day of each month or
other time period established by the Managing Agent. The Managing
Agent or other Owner incurring the cost shall prepare and deliver
or mail to each Owner an itemized statement showing the various
estimated or actual expenses for which the assessments are made.
Assessments for reasonable actual Common Expenses may be made
by the Managing Agent, or an Owner incurring the same, or the
Arbitration Panel, among other things, for the following: expenses
of management; the cost of performing landscaping and maintenance
obligations for any properties adjacent to the Property the
responsibility for which has been assumed by license agreement or
otherwise by the Unit Owners, and any taxes and special
assessments, until separately assessed; fire insurance with
extended coverage and vandalism and malicious mischief insurance
with endorsements attached issued in the amount of the maximum
replacement value of both of the Units; casualty and other
insurance premiums; landscaping and care of General Common
Elements; utilities; repairs and renovations; garbage collections;
wages, water charges; legal and accounting fees; management fees;
expenses and liabilities incurred by the Managing Agent, other
Owner, or Arbitration Panel, under or by reason of this
Declaration; the payment of any deficit remaining from a previous
period; the creation of a reasonable contingency or other reserve
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or surplus fund as well as other costs and expenses relating to the
appurtenant Common Elements. The omission or failure of the
Managing Agent to fix the assessment for any month or other period
of time shall not be deemed a waiver, modification or release of
the subject Owners from their obligation to pay.
5.4 Insurance. One policy of public liability insurance,
covering all of the Common Elements shall be purchased and
maintained in effect at all times by the Owners of all of the
Condominium Units, in an amount deemed appropriate by such Owners,
with total coverage not less than and not less than
Dollars per occurrence. The cost thereof shall be
shared in accordance with such Owners' respective undivided
percentage interests in the Common Elements. In addition, the
Owners or Managing Agent shall purchase and maintain in effect at
all times fire, casualty, and extended coverage insurance on the
Condominium Units as hereinabove discussed in Paragraph 5.3.
Insurance coverage on the furnishings, additions and improvements
incorporated into a Unit and all items of personal property
belonging to an Owner, and casualty and public liability insurance
coverage within each undivided Unit, shall be the sole
responsibility of the Owner thereof.
5.5 Owners' Personal Obligation for Payment of Assessments.
The amount of the Common Expenses assessed against or incurred on
account of both of the Units shall be the personal and individual
debts of the Owners thereof. suit to recover a money judgment for
unpaid Common Expenses shall be maintainable by the Managing Agent,
or any aggrieved Owner without foreclosure or waiving the lien
securing the same. No Owner may exempt himself from liability for
his contribution towards the Common Expenses by Waiver of the use
or enjoyment of any of the Common Element or by abandonment of his
Unit.
5.6 Lien For Non -Payment Of Common Expenses. All sums due or
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unpaid for the share of Common Expenses chargeable to any of the
Units, including interest thereon at eighteen percent (18%) per
annum, shall constitute a lien on such Unit superior (prior) to all
other liens and encumbrances except:
(a) Tax and special assessment liens on the Unit in
favor of any assessing entity; and
(b) All sums unpaid on a first mortgage or first
deed of trust of record, including all unpaid obligatory sums as
may be provided by such encumbrance, including additional advances,
refinance or extension of these obligations made thereon prior to
the arising of such a lien.
To evidence such lien the Managing Agent or aggrieved Owner
may, but shall not be required to, prepare a written notice setting
forth in the amount of such unpaid indebtedness, the name of the
defaulting Owner of the Condominium Unit and a description of the
Condominium Unit. Such a notice shall be signed by the Managing
Agent or the aggrieved Owner, as appropriate, and may be recorded
in the office of the Clerk and Recorder of the County of Pitkin,
State of Colorado. Such lien for the Common Expenses shall attach
from the date of the failure of payment of the debt, and may be
enforced by foreclosure on the defaulting Owner's Condominium Unit
by the Managing Agent on behalf of the aggrieved Owner or the
aggrieved Owner in like manner as a mortgage or deed of trust on
real property upon recording of a notice of claim thereof. In any
such foreclosure the defaulting Owner shall be required to pay the
costs and expense of such proceedings, the costs and expenses for
filing the notice or claim of lien and all reasonable attorney's
fees. The foreclosing party shall have the power to bid on the
Condominium Unit at foreclosure sale and to acquire and hold,
lease, mortgage and convey the same.
The amount of the Common Expenses chargeable against the
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Condominium Units and the costs and expenses, including attorney's
fees, of collecting the same shall also be a debt of the Owner
thereof at the time the same is due. Suit to recover a money
judgment for unpaid Common Expenses shall be maintainable without
foreclosing or waiving the lien securing same.
Any encumbrancer holding a lien on the Condominium Units may
pay any unpaid Common Expenses payable with respect to such Unit,
and upon such payment such encumbrancer shall have a lien on such
Unit of the amounts paid of the same priority as the lien of his
encumbrance.
5.7 Liability for Common Expense Upon Transfer of Condominium
Unit. Upon payment of a reasonable fee not to exceed Fifty Dollars
($50.00), and upon the written request of any Owner or any
Mortgagee or prospective Mortgagee of either of the Units, the
Managing Agent or the Owner of the other Unit shall issue a written
statement setting forth the amount of the unpaid Common Expenses,
if any, with respect to the subject Unit, the amount of the current
assessment and the date such assessment becomes due, credit for
advance payments or for prepaid items, including but not limited to
insurance premiums, which shall be conclusive upon the issuer of
such statement in favor of all persons who rely thereon in good
faith. Unless such request for a statement of indebtedness is
complied with within (10) days, all unpaid Common Expenses which
become due prior to the date of making such request shall be
subordinate to the lien of the person requesting such statement.
The grantee of a Unit shall be jointly and severally liable
with the grantor for all unpaid assessments against the latter for
his proportionate share of the Common Expenses up to the time of
the grant or conveyance, without prejudice to the grantee's right
to recover from the grantor the amounts paid by the grantee
therefor; provided, however, that upon payment of a reasonable fee
not to exceed twenty-five dollars ($25.00) and upon written
17
request, any perspective grantee shall be entitled to a statement
from the Managing Agent or Owner of the other Unit, setting forth
the amount of the unpaid assessments, if any, with respect to the
subject Unit, the amount of the current quarterly assessment and
the date that such assessment becomes due, credit for advance
payments or for prepaid items, including but not limited to
insurance premiums, which shall be conclusive upon the issuer of
such statement. Unless such request for a statement of
indebtedness shall be complied with within ten (10) days of such
request, then such grantee shall not be liable for, nor shall the
Unit conveyed by subject to a lien for, any unpaid assessments
against the subject Unit.
5.8 Mortgaging A Condominium Unit. Any Owner shall have the
right from time to time to mortgage or encumber his interest by
deed of trust, mortgage or other security instrument. A first
mortgage shall be one which has first and paramount priority under
applicable law. The Owner of a Condominium Unit may create junior
mortgages on the following conditions: (1) Any such junior mort-
gages shall always be subordinate to all of the terms, conditions,
covenants, restrictions, uses, limitations, obligations, lien for
common expenses, and other obligations created by this Declaration;
(2) The Mortgagee under any junior mortgage shall release, for the
purpose of restoration of any improvements upon the mortgaged
premises, all of his right, title and interest in and to the
proceeds under all insurance policies upon said premises which
insurance policies were effected and placed upon the mortgaged
premises by the Managing Agent or other Owners. Such release shall
be furnished forthwith by a junior mortgagee upon written request
of the Managing Agent or Owners of the other Unit.
VI. ATTORNEY IN FACT.
6.1 Attorney in case of destruction repair, obsolescence or
condemnation. This Declaration hereby makes mandatory the
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irrevocable appointment of an Attorney -in -Fact to deal with
Condominium Units upon their destruction, repair, obsolescence, or
condemnation.
Title to both of such Condominium Units is declared and
expressly made subject to the terms and conditions hereof, and
acceptance by any grantee of a deed from the Declarant or from any
Owner shall constitute appointment of the Attorney -in -Fact herein
provided. All of the Unit Owners irrevocably constitute and
appoint the Managing Agent, from time to time appointed pursuant to
this Declaration, their true and lawful attorney in their name,
place and stead for the purpose of dealing with the property upon
its destruction, repair or obsolescence as is hereafter provided.
If there is no Managing Agent, then the Owners shall jointly
perform the functions of the Attorney -in -Fact as described herein.
The Attorney -in -Fact shall have full and complete authorization,
right and power to make, execute and deliver any contract, deed or
any other instrument with respect to the interest of a Condominium
Unit Owner which are necessary or appropriate to the exercise of
the powers herein granted. Repair and reconstruction of the
improvements as used in the succeeding subparagraphs means
restoring the improvements to substantially the same condition in
which they existed prior to the damage, with each Unit and the
General Common Elements and Limited Common appurtenant thereto
having the same vertical and horizontal boundaries as before. The
proceeds of any insurance collected shall be available to the
Attorney -in -Fact for the purpose of repair, restoration or
replacement unless the Owners of the Condominium Units and all
first mortgagees thereof agree not to rebuild in accordance with
the provisions set forth hereinafter.
6.2 In the event of damage or destruction due to fire or other
casualty, the insurance proceeds, if sufficient to reconstruct the
improvements, the damage or destruction shall be promptly repaired
and reconstructed by the Attorney -in -Fact, using the proceeds of
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insurance and the proceeds of an assessment to be made against both
of the Unit Owners and their Condominium Units. These deficiency
assessments shall be a Common Expense and made pro rata according
to each Owner's fractional interest in the Common Elements, and
shall be due and payable within thirty days after written notice
thereof. The Attorney -in -Fact shall have the authority to cause
the repair or restoration of the improvements using all of the
insurance proceeds for such purpose notwithstanding the failure of
an Owner to pay the assessment. The assessment provided herein
shall be a debt of each Owner and a lien on his Condominium Unit
and may be enforce and collected as is provided in Paragraph 5.6.
In addition thereto, the Attorney -in -Fact shall have the absolute
right and power to sell the Condominium Unit of any Owner refusing
or failing to pay the deficiency assessment within the time
provided, and if not so paid, the Attorney -in -Fact shall cause to
be recorded a notice that the Condominium Unit of the delinquent
Owner shall be sold by the Attorney -in -Fact. The proceeds derived
from such a sale of a Condominium Unit shall be used and disbursed
by the Attorney -in -Fact, in the following order:
(1) For payment of the balance of the lien of any first
mortgage;
(2) For payment of taxes and special assessment liens in
favor of any assessing entity;
(3) For payment of unpaid Common Expenses;
( 4 ) For payment of junior liens and encumbrances in the order
of and to the extent of their priority; and
(5) The balance remaining, if any, shall be paid to the
Condominium Unit Owner.
6.3 An Owner of one of the Units may give notice to the other
20
Unit Owner that the Units are obsolete and that the same should be
renewed or reconstructed. If both Owners agree, then the expense
thereof shall be payable by both of the Owners as Common Expenses;
provided, however, that any Owner not in agreement to such renewal
or construction may give written notice to the Attorney -in -Fact
that such Unit shall be purchased by the Attorney -in -Fact on behalf
of the other Owner for the fair market value thereof. If such
Owner and the Attorney -in -Fact can agree on the fair market value
thereof, then such sale shall be consummated within thirty days
thereafter. If the parties are unable to agree, the date when
either party notifies the other that he or it is unable to agree
with the other shall be the "commencing date" from which all
periods of time mentioned herein shall be measured. Within ten
days following the commencing date, each party shall nominate in
writing, and give notice of such nomination to the other party, an
appraiser who shall be a realtor and be qualified to make
appraisals of condominiums and similar property in Pitkin County,
Colorado. If either party fails to make such a nomination, the
appraiser nominated shall, within five days after default by the
other party, appoint and associate with him another similarly
qualified appraiser. If the two appraisers designated by the
parties, or selected pursuant hereto in the event of default of one
party, are thereafter unable to agree on the fair market value of
the Unit within thirty (30) days, they shall appoint another
similarly qualified appraiser to be arbitrator between them. The
decision of the appraisers as to the fair market value shall be
final and binding. The expenses and fees of such appraisers shall
be borne equally by the Attorney -in -Fact and the Owner. The sale
shall be consummated within fifteen (15) days thereafter, and the
Attorney -in -Fact shall disburse such proceeds as is provided in
subparagraph (b)(1) through (5) of this Paragraph.
6.4 Owners of both Units may agree that the Units are
obsolete and that the same should be sold. Such agreement must
have the unanimous approval of every first Mortgagee. In such
21
instance, the Attorney -in -Fact shall forthwith record a notice
setting forth such fact or facts, and upon the recording of such
notice by the Attorney -in -Fact, both of the units shall be sold by
the Attorney -in -Fact for both of the Owners, subject to all of the
provisions contained in this Declaration and the Map. The sales
proceeds shall be apportioned among the affected Owners on the
basis of each Owner's fractional interest in the Common Elements,
and such apportioned proceeds shall be paid into separate accounts
representing each such Condominium Unit. Each such account shall
be in the name of the Attorney -in -Fact, and shall be further
identified by the number of the Unit and the name of the Owner.
From each separate account, the Attorney -in -Fact shall use and
disburse the total amount of such accounts, without contribution
from one account to another, for the same purposes and in the same
order as provided in subparagraph (b)(1) through (5) of this
Paragraph.
6.5 This Declaration hereby makes mandatory the irrevocable
appointment of an Attorney -in -Fact to deal with the Project in the
event of its complete or partial condemnation. Title to all of the
Condominium Units is declared and expressly made subject to the
terms and conditions hereof, and acceptance by any grantee of a
deed from the Declarant(s) or form any Owner shall constitute
appointment of the Attorney -in -Fact herein provided. The Managing
Agent is hereby appointed the true and lawful attorney to act in
the name, place and stead of the Owners for the purpose of dealing
with the Project upon its condemnation as is hereinafter provided.
If there is no Managing Agent appointed than the Owners shall
jointly perform the functions of the Attorney -in -Fact as described
herein. The Attorney -in -Fact shall have full and complete
authorization, right and power to make, execute and deliver any
contract, deed or other instrument with respect to the interest of
a Condominium Unit Owner which are necessary or appropriate to the
exercise of the powers herein granted.
22
(a) Consequences of Condemnation. If at any time or times
during the continuance of the Condominium Ownership pursuant to
this Declaration, all or any part of the Project shall be taken or
condemned by any public authority or sold or otherwise disposed of
in lieu of or in avoidance thereof, the following provisions shall
apply.
(1) Proceeds. All compensation, damages, or other
proceeds therefrom, the sum of which is hereinafter called the
"Condemnation Award," shall be payable to the Attorney -in -Fact.
(2) Complete Taking. In the event that the entire
Project is taken or condemned, or sold or otherwise disposed of in
lieu of or in avoidance thereof, the Condominium Ownership pursuant
thereto shall terminate. The Condemnation Award shall be
apportioned among the Owners on the basis of each Owner's
fractional interest in the Real Property Common Elements, provided
that if a standard different from the value of the property as a
whole is employed to measure the Condemnation Aware in the
negotiation, judicial decree, or otherwise, then in determining
such shares the same standard shall be employed to the extent it is
relevant and applicable.
On the basis of the principles set forth in the last preceding
subparagraph, the Attorney -in -Fact shall as soon as practicable
determine the share of the Condemnation award to which each Owner
is entitled. Such shares shall be paid into separate accounts and
disbursed in accordance with Paragraph 6.2 above.
(3) Partial Taking. In the event that less than the
entire Project is taken or condemned, or sold or otherwise disposed
of in lieu of or in avoidance thereof, the Condominium Ownership
hereunder shall not terminate. Each Owner shall be entitled to a
share of the Condominium Award to be determined in the following
23
manner: As soon as practicable, the Attorney -in -Fact shall,
reasonably and in good faith, allocate the Condemnation Award
between compensation, damages or other proceeds, and shall
apportion the amounts so allocated among the Owners, as follows:
(a) the total amount allocated to taking of or injury to the
General Common Elements, (b) the total amount allocated to
severance damages shall be apportioned to those Condominium Units
which were not taken or condemned, (c) the respective amounts
allocated to the taking of or injury to a particular Unit and/or
improvements an Owner had made within his own Unit shall be
apportioned to the particular Unit involved, and (d) the total
amount allocated to consequential damages and any other takings of
injuries shall be apportioned as the Attorney -in -Fact determines to
be equitable in the circumstances. if an allocation of the
Condemnation Award is already established in negotiation, judicial
decree or otherwise, then in allocating the Condemnation Award the
Attorney -in -Fact shall employ such allocation to the extent it is
relevant and applicable. Distribution of apportioned proceeds
shall be disbursed as soon as practicable in the same manner
provided in Paragraph 6.2 above.
(4) Reorganization. In the event a partial taking
results in the taking of a complete Unit, the Owner thereof
automatically shall cease to be an Owner under this Declaration.
(5) Reconstruction and Repair. Any reconstruction and
repair necessitated by condemnation shall be governed by the
procedures specified in Paragraph 6.2 hereof, in which case such
Paragraph shall be construed to apply to both Condominium Units.
VII. RESTRICTIONS UPON PROJECT.
7.1 Use and Occupancy. Each Condominium Unit shall be used and
occupied solely for, except as the Owners might otherwise agree,
adult residential purposes only, and except as provided in this
24
Paragraph, no trade or business of any kind may be carried on
therein. Lease or rental of a Condominium Unit for lodging or
residential purposes shall not be considered to be a violation of
this covenant.
7.2 Restrictions on Use of Interior Walls. Because of the
requirements of the Municipal Code of the City of Aspen, anything
contained in this Declaration to the contrary notwithstanding, no
holes will be made in, nor will any speakers of any kind be
installed in the common party wall dividing Units A and B.
7.3 Restrictions on Use of Window Wells. Anything contained in
this Declaration to the contrary notwithstanding, the General
Common Elements on the basement level of Units A and B shall be
used for fire escape only. These areas shall not be used in any
other fashion.
7.4 Performance of Restrictive Covenants and License Agreement:
The Owners of the Property shall be bound by, and shall perform the
obligations imposed upon the Owner of Lot 5, Promontory Subdivision
by those documents entitled Restrictive Covenants recorded in Book
at Page in Book at Page , the Easement and
Restrictive Covenants recorded in Book at Page , in the
License Agreement recorded in Book at Page of the records
of Pitkin County, Colorado.
7.5 Mutual Consent Usage Division Line: Those portions of the
General Common Elements north of the line marked Mutual Consent
Usage Division Line on the Condominium Map shall be for the
exclusive use of the Onwer of Unit B and those portions of the
General Common Elements south of the line marked Mutual Consent
Usage Division Line shall be for the exclusive use of the Onwer of
Unit A. No Owner shall be entitled to use the exclusive areas set
aside for the other Onwer in this paragraph without the express
written consent of the other Owner, anything in this document or
25
shown on the Condominium Map to the contrary notwithstanding.
7.6 Maintenance Requirements. The Owners of the Units, shall,
unless both agree, cause the exterior improvements of the Property
to be painted at least every five (5) years in order to maintain
the first class quality appearance thereof. Furthermore, the
Owners shall as much as is practical employ the same maintenance
personnel for the Units and the General Common Elements.
7.7 Parking Restriction. As much as is possible, all vehicles
shall be parked in the garages. No boats, campers, or recreational
vehicles of any type shall be parked for in excess of any three (3)
hour period, at any place upon the Property.
7.8 Declarant's Rights. For so long as she owns either of the
Units, the Declarant shall have the absolute and unqualified right
to construct a swimming pool in the area designated for the same on
the Condominium Map, without the approval of the other Unit Owner,
anything contained herein to the contrary notwithstanding. In the
event that the Declarant constructs the same, and if she is willing
to allow the use of the same by the other Unit Owner she shall be
reimbursed for one-half of the cost of construction and maintenance
thereof prior to any usage thereof by other Unit Owner.
7.9 Noise Levels. Every Owner or any Related Party shall keep all
noise at a level so as not to disturb the other Owner and any
Related Party to that Owner.
7.10 Common Elements Restrictions. No Owner, no Related Party of
an Owner, and no tenant of the Association or other occupant of
Common Elements shall obstruct, damage, or commit waste to any of
the Common Elements. No Owner and no Related Party of an Owner,
shall change, alter or repair, or store anything in or on any of
the Common Elements without the prior written consent of the Owners
or the Managing Agent.
26
7.11 No Imperiling of Insurance. No Owner, no Related Party of an
Owner, and no occupant of Common Elements shall do anything or
cause anything to be kept in or on the Project which might result
in an increase in the insurance premiums of insurance obtained for
the Project or which might cause cancellation of such insurance.
7.12 No Violation of Law. No Owner, no Related Party of an Owner,
and no occupant of Common Elements shall do anything or keep
anything in or on the Project which would be in violation of any
statute, rule, ordinance, regulation, permit, or other validly
imposed requirement of any governmental body.
7.13 Maintenance of Units and Limited Common Elements. Each Unit
and all other improvements, fixtures and furniture and equipment
therein and any Limited Common Elements appurtenant to a
Condominium Unit shall be kept and maintained by the Owner, in a
clean, safe, attractive, and sightly condition and in good repair.
No structural alterations within any Unit or with respect to any
Limited Common Elements shall be made and no electrical, plumbing,
or similar work within any Unit shall be done without the prior
written consent of the Owners as the Managing Agent.
7.14 Owner Caused Damage. If, due to the act or neglect of an
Owner or a Related Party of an Owner, loss or damage shall be
caused to any person or property, including the Project or any Unit
therein, such Owner shall be liable and responsible for the same
except to the extent that such damage or loss is covered by
insurance obtained by the Owners and the carrier of the insurance
has waived its rights of subrogation against such Owner. The
amount of such loss or damage may be collected by the other Owner
form such Owner as a special assessment against such Owner, by
legal proceedings or otherwise, and such amount shall be secured by
a lien on the Condominium Unit of such Owner as provided elsewhere
in this Declaration for assessments or other charges.
27
7.15 No Impairment of Structural Integrity. Nothing shall be
done, without the written consent of both Owners in, on, or to any
Unit or the Common Elements, or any portion thereof, which might
impair the structural integrity of the Building or which would
structurally change the Building.
7.16 Animal Restrictions. No animals other than normal household
pets shall be kept in the Units. An Owner shall be absolutely
liable to the other Owner and their families and guests for any
unreasonable noise 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. Furthermore, each Owner shall
clean up after his pets in all respects.
VIII. RESERVATION TO ENLARGE AND SUPPLEMENT CONDOMINIUM PROJECT.
8.1 Right to Construct Additional Units. The Declarant, for
herself, shall have and hereby specifically reserves the right to
construct additional units from time to time on any real property
adjacent to the Real Property, and to subject such additional units
to the terms and provisions of this Declaration.
8.2 Supplemental Declaration and Map. For any additional
construction by the Declarant pursuant to the provisions of this
Article, the Declarant shall cause a Supplemental Declaration and
Supplemental Map or Maps of such additional units to be prepared
and filed in the records of the office of the Clerk and Recorder of
the County of Pitkin, Colorado, prior to the conveyance of the
first condominium unit on any additional real property. Declarant
may not file any Supplemental Declarations or Supplemental Maps
except as provided for in this Article VIII. Such Supplemental
Declarations shall not vary any of the terms of this Declaration
except as specifically provided in this Article VIII.
8.3 Change in Ownership of General Common Elements. Upon the
Declarant's construction of additional units and their inclusion
KV
under this Condominium Declaration and the filing of the
Supplemental Declaration(s) and Map(s) thereof, the undivided
interest in the general common elements (including all general
common elements located on the Map(s) and all general common
elements located in the additional units shall automatically be
reduced to a fraction, the numerator of which shall be one and the
denominator of which shall be equal to the aggregate number of all
condominium units then subject to this Declaration, and the
undivided interest in the general common elements appurtenant to
each condominium unit described in and annexed by such Supplemental
Condominium Map and such Supplement to this Declaration shall be
computed in the same manner. Such reduction of undivided interest
in the general common elements appurtenant to a condominium unit
shall be reflected and set forth in the Supplemental Declaration.
An owner's interest in the limited common elements shall not be
affected by construction of new units.
8.4 Liability For Common Expenses. Notwithstanding any inclusion
of additional units under this Declaration, each owner (regardless
of whether such owner is the owner of a condominium unit shown on
the Map or is the owner of a new condominium unit, shall remain
fully liable with respect to his obligation for the payment of the
common expenses under this Declaration, including the expenses for
such new general and limited common elements, costs, and fees, if
any. The recording of a Supplemental Declaration or Map shall not
alter the amount of the common expenses assessed to a unit prior to
such recording.
8.5 Rights of Future Owners. No rights of any character of any
unit owner in future units shall attach until a Supplemental
Declaration is filed of record annexing the units constructed in
such area to the condominium hereby created. Upon the recording of
such Supplemental Declaration, the units constructed in the area
shall be deemed to be governed in all respects by the provisions of
this Declaration, as supplemented and amended by the supplement.
29
8.6 Power of Attorney to Declarant. A power coupled with an
interest is hereby granted to Declarant as attorney -in -fact to
shift percentages of the common elements and/or limited common
elements in accordance with the Supplemental Declarations recorded
pursuant hereto and to perform all acts and execute all documents
necessary to subject additional real property and additional units
to the terms of this Condominium Declaration and Condominium Map,
and any Supplement to either of said documents, without the consent
of any other Unit Owner, and each deed of a unit and common and/or
limited common elements in the Lake View Townhome Condominiums
shall be deemed a grant of such power to said attorney -in -fact.
IX. MISCELLANEOUS.
9.1 Duration of Declaration. Each provision contained in this
Declaration which is subject to the laws or rules sometimes
referred to as the rule against perpetuities or the rule
prohibiting unreasonable restraints on alienation shall continue
and remain in full force and effect for the period of twenty-one
(21) years following the death of the last survivor of the
presently constituted City Council of the Town of Aspen, and the
now living children of such persons or until the Declaration is
terminated as hereinafter provided, whichever first occurs;
provided that within such perpetuities period or successors
perpetuities periods as herein provided, any provision herein so
subject may be extended for successive perpetuities periods by the
recording by the Board of Directors of an amendment to this
Declaration to that effect. All other provisions contained in this
Declaration shall continue and remain in full force and effect
until condominium ownership of the Project and this Declaration is
terminated or revoked as hereinafter provided.
9.2 Revocation or Amendment to Declaration. This Declaration
shall not be revoked nor shall any of the provisions herein be
:9H
amended unless the Owners of both Units, and all of the holders of
any recorded first mortgage or deed of trust covering or affecting
any or all Condominium Units consent and agree to such revocation
or amendment by instrument(s) which shall be duly recorded.
9.3 Effect of Provisions of Declaration. Each provision of this
Declaration, and an agreement, promise, covenant and undertaking to
comply with each provision of this Declaration, and any necessary
exception or reservation or grant of title, estate, right or
interest to effectuate any provision of this Declaration: (a)
shall be deemed incorporated in each deed or other instrument by
which any right, title or interest in the Project or in any
Condominium Unit is granted, devised or conveyed, whether or not
set forth or referred to in such deed or other instrument; (b)
shall, by virtue of acceptance of any right, title or interest in
the Project or in any Condominium Unit by an Owner, be deemed
accepted, ratified, adopted and declared as personal covenant of
such Owner, and as a personal covenant shall be binding on such
Owner and such Owner's heirs, personal representatives, successors,
and assigns, and as a personal covenant of an Owner, shall be
deemed a personal covenant, with and for the benefit of the
Association but not to, with or for the benefit of any other Owner;
(c) shall be deemed a covenant by Declarant, for herself, its
successors and assigns, and also an equitable servitude, running,
in each case, as a burden with and upon the title to the Project
and each Condominium Units, and as a real covenant and also as an
equitable servitude, shall be deemed a covenant and servitude for
the benefit of the Project and each Condominium Unit; and (d)
shall be deemed a covenant, obligation, and restriction secured by
a lien in favor of the Association, burdening and encumbering the
title to the Project and each Condominium Unit in favor of the
Association.
9.4 Enforcement and Remedies. Each provision of this Declaration
with respect to an Owner or the Condominium Unit of an Owner shall
31
be enforceable by the Association by a proceeding for a prohibitive
or mandatory injunction or by a suit or action to recover damages,
or, in the discretion of the Association, for so long as any Owner
fails to comply with any such provisions, by denial of all voting
rights of such Owner and exclusion of such Owner and Related
Parties of such Owner from use of any Common Elements. If court
proceedings are instituted in connection with the rights of
enforcement and remedies provided in this Declaration, the
prevailing party shall be entitled to recover its costs and
expenses in connection therewith, including reasonable attorneys'
fees.
9.5 Protection of First Mortgagee. No violation or breach of, or
failure to comply with, any provision of this Declaration and no
action to enforce any such provision shall affect, defeat, render
invalid, or impair the lien of any First Mortgage on any
Condominium Unit taken in good faith and for value and perfected by
recording in the office of the County Clerk and Recorder of Pitkin
County, Colorado, prior to the time of recording in such office of
an instrument describing the Condominium Unit and listing the name
or names of the Owner or Owners of fee simple title to the
Condominium Unit and giving notice of such violation, breach, or
failure to comply. In addition, such violation, breach, or failure
to comply and no action to enforce affect, defeat, render invalid,
or impair the title or interest of the First Mortgage or the title
or interest acquired by any purchaser upon foreclosure of any such
First Mortgage, or result in any liability, personal or otherwise,
of any such First Mortgagee or purchaser. Any such purchaser on
foreclosure shall, however, take subject to this Declaration,
except only that violations or breaches of, or failures to comply
with, any provisions of this Declaration which occurred prior to
the vesting of fee simple title in such purchaser shall not be
deemed breaches or violations hereof or failures to comply herewith
with respect to such purchaser, his heirs, personal
representatives, successors, or assigns.
32
9.6 Name. The name of the condominium created hereby is "Lake
View Townhome Condominiums."
9.7 Mailing of Notices. Each Owner shall register his mailing
address with the other Owners and Managing Agent and all notices on
demands intended to be served upon any Owner shall be sent by
either registered or certified mail, postage prepaid, addressed in
the name of the Owner at such registered mailing address. All
notices or demands to be served on Mortgagees pursuant hereto shall
be sent by either registered or certified mail, postage prepaid,
addressed in the name of the Mortgagee at such address as the
Mortgagee may have furnished to the Owners in writing. Unless the
Mortgagee so furnishes such address, the Mortgagee shall be
entitled to receive none of the notices provided for in this
Declaration. Any notice referred to in this Section shall be
deemed given when deposited in the United States mail in the form
provided for in this Section.
9.8 Severability. Invalidity or unenforceability of any provision
of this Declaration in whole or in part shall not affect the
validity or enforceability of any other provision or any valid and
enforceable part of a provision of this Declaration.
9.9 Singular and Plural. Whenever used herein, unless the
context shall otherwise provide, the singular number shall include
gender shall include all genders.
9.10 Captions. The captions and headings in this instrument are
for convenience only and shall not be considered in construing any
provisions of this Declaration.
9.11 Successors and Assigns. This Declaration shall be binding
upon and shall inure to the benefit of the Association, and each
Owner and the heirs, personal representatives, successors, and
assigns of each.
33
f
•
IN WITNESS WHEREOF, Declarant has executed this Declaration
the day and year first above written.
Theresa M. Hubbert Schiff
STATE OF
ss.
COUNTY OF )
The foregoing inst1991nbywas
Theresaacknowledged
Hubbertfore me Schiff,this
day of
Witness my hand and official seal.
My Commission Expires:
Signature of Adjacent Property Owner
The undersigned as Owner of the real property described in
Paragraph 7.5 above by his signature hereon agrees to be bound by
the terms and conditions thereof.
Neil J. Bennett
STATE OF
ss.
COUNTY OF )
The foregoing was acknowledged before me this day of
1991 by Neil J. Bennett.
Witness my hand and official seal.
My Commission Expires:
34
Or
Recorded at 1:10PM October 26. 1979 Loretta Banner Recorder
i..
STATEMENT OF EXEMPTION FROM THE
DE N ON OF D VI IO.
Reception nO.
219059
wm378 - maI77
WHE-2EAS, the applicant, PAUL KLINGEMAN, is the
'f the following described real property situate in
City cf Aspen, County of Pitkin, State of Colorado:
Lot 5, Promontory
Subdivision
i
WHEREAS, there is presently constructed upon the
property above -described a duplex consisting of a four bed-
r'lom, two bath unit and a one bedroom, one bath unit; and,
S WHEREAS, the applicant has requested anooxemption
from the definition of a etibdtvision for the purposes of
subdividing the existing duplex through condominiumization;
and,
WHEREAS, the Aspen Planning and Zoning Commission
at its meeting held August 24, 1976, determined that an exemp-
tion from the definition of a subdivision was appropriate
in the circumstances and recommended that the same be granted;
#fix
and,
WHEREAS, the City Council of Aspen, Colorado, at
its meeting held October 9, 1979, and upon the recommenda-
tion of the Planning and Zoning Commission aforesaid, deter-
mined that the application of PAUL KLINGEMAN met the
requirements of the Municipal Code of the City of Aspen, and
that, accordingly the subdivision of the existing duplex
through condominiumization is not within the intent and pur-
.ase of Chi..,:er 20 of the Municipal Code of the City of
Aspen;
NOW, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision through
the condominiumization of the duplex sitl)At2 upun Lot 5,
r..
Tlr^r-ontory 5UbdiVision, Pitkin County, Colorado, is not
,! 1'it r ,;,t;�r7 �� � � r 1 i. {j ' �, ; S �1� �� r �� ! �!b (v .•, :� A
V /.��' �. t"f rJ. �?gv /�i r',''r�.'ds �36k�}r,ti1
pYt". � � � a/mr�; lita ,.�! E4• � ,
, 1:' 1 J I .d }Y.,a i `'. S, i� �� 4� � { 4t• f t 1 f '; ,
• ` iy A � 4 '°'*� i.f i i }�,1, 3; tiK! � j w� �}'�„ � ?� p ,y�yy� ! . M ,f .
tf !: l4 t i; "..A 4 a • "!. i�hA' } J78 1.
within the intent and purpose of Chapter 20 of the Municipal i `l
Code of the City of Aspen and does, ther6fore, grant an
K. .
exemption frost the definition -of .a subdivisiou for the pur-
poses aforesaidt ,
DED PRWI, HON*VEA, that the ant of
r ,Sir the foregoing
exemption shall be subject to.and oonditioAedIup",ciompli-
ance with the provisions of the'Municipal.Code'of the 'City
Of Aspen, as said Code read on August 24, 1976,.except that t�
hall uired,to
Applicant • not be rpq 'pay s,: pa�c � drdiohtiofi ice.
t
DATED
V.. •t ' „�'.r. r' . t '3'-�` �, v"� �
I, KATHRYN 8.1 XOCH, do hisreby%cirtify> tbati the
t
foregoing Statement of Exemption from the Definitich'of: a":
Subdivision was considered and approved by the :Aspen City.''
• r ' ;s
Council at its regular meeting held October 9,.1979,,.at
which time the Mayor was authorised to execute{tbe saue,on a
behalf of the City of Aspen. y,
•Y .. (ir ZaCAj 1.
t:,
rr pro x�.�
CONDOMINIUM MAP
L A KE V/EW T '? WNHOME CONDOMINI UA45
f>� j
A RESUBD/V/S/ON OF UNITS 18 2, PRO%UIONTORY CONDOMINIUMS
PROMONTORY SUBDIVISION) CITY OF ASPEN, P/TKiN COUNTY COL OR,400 PROPERTY DESCRIPTION
SCALE: .Arc}NE (LOT 5 P
a
A RESUBDIVISION OF UNITS 7 AND 2,-PROMONTORY CONDOMINIUMS LOT 5
6j •
PROMONTORY SrIBDIV:SION), CITY { rASFF,n:, T``TKIN COUNTY: COLT I)RADC:•.
s l o MQ
ws�Or `A
a y
WBAtvieW ` SURVEYOR CERTIFICATE
as o® Dr
r G rk Fork Or C I, JAMES W. SEXTON, A REGISTERED LAND SURVEYOR IN % STATE. CP
COLORADO, DO HEREBY STATE TIM,- A FIELD !UIVLY WAS IIRFORMED UNDER
Crysts/Leko Rd MY SUPERVISION AND THAT THIS MAPSUBSTANTIALL`I U1 L r F T`-'Ii..
\\ LOCATION AND HURI'LGN7,'AI, AND. VERTICAL MEASUREMENTSMEASUREMENTSOFOFTHE
�\ Ft�UMp
\ o BUILDINGS, THE UNITS, THE UNIT DESIGNATIONS, THIL [%1MVd€j,)NS l;; THE
UNITS, GARAGES, PAR[CTNG AND S°I'ORAGI'. LOCATIONS, TE t•I•+ A . * Jd F
THE FINISHED FLOORS AND CEILINGS OF THE UNITS DE' I'.I ;I+ E r+E !
FURTHER STATE THIS MAP WAS PREPARED l+I SiiE\`D$UAf,MWRAh1114F4•, S/T�,43._,
82 COMPLETION OF THE IMPR`)VEXENTS SilowN rp ;r,r.;;'?T,hC./•f.
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I ' 2j APPROXIMA TE L OCA T/ON R.o. w. EASEMENT SET P 8 C rrarQ
AIR CONDITIONING UNIT BOOK186, -AGE LS/6842 aRk„+tit, ww'
STATE OF COLORADO )
VICINITY AMP ' I i\ ) Ss
PERM.?rE4'G.C1."R G. C. E, SETPaC / \ COUNTY OF )
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FUTURE SWIMMING POOL / _ / k \ THE FOREGOING CERTIFICATE: WAS ACI'NOWLEDG.GD BEFORE ME THIS
rfl. DAY OF , 19 , BY ,LAMES W. EX'I'Gt1, PPOf LS [CiNiar,
ow/
— _1 LO��T6 / N/e 4200LAND SURVEYOR.
rt
gP UN)I A Lae EAG r is FOUND
GE' RETA/NlNG WALL WITNESS MY HAND AND OFFICIAL SEAL.
L•
G.C.E• W 15,WC MY COMMISSION EXPIRES:
N O
O`I'PUB EC)T�OCSFy/ U M NARY T . Z
CONCRETE DRIVEWAY \ O
�ONOO*A- e/v/s/ \ L.C.£ UNIT B
O G.Ct. OWNER Ct:lt'L'tI'Ii:AI'E: a _
�AT/OI SET P 8 C
�OPEN UNIT LS16842 THE UNDERSIGNED, ASEjWNk t OF 'flll Ft?Oi'F!t'PY AS SIit7Wv AND 1>X5f.tt7.E3Ei:
QO HEREON, DOES HEREBY SIATF THAT 'IHP4 `CAkl /,i' l_vKE VIEW 11tltrgH4JMF:
LANDSCAPE MAINTENANCE AREA, '- ,
AGREEMENT RECITED IN
BOOK _AT PAGE
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FOUND
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BENCH MARK ? es
ELEV. = 7958,8
LEGEND
GENERAL COMMON ELEMENT (or) G.C.C-.
L•CE LIMITED COMMON ELEMENT
EXPOSED BEAMS
OPEN TO BELOW
MAILBOXES ARE SUB✓fCT Tp THE ENCROACHMENT t%ONDOMINIUMS, A ii);v'1)OM .[iv [t"PI MAP H \S ' Pr+c PARED
R.R. TIE —�J �5� J� AGREEMENT RECORDED IN BOOK THE PURPOSES STALED IN Jill,PNE 1
t C�tiDt+lt I! !'%': q] [OIti EFOR{,.dt i''
RETA/N/NGWALL j G(:' (�I PACE OF THE VIEW TOWNHOME CONDOMINIUMS, hEt l
4ti(tt + !+ ti i.onjF
�J P/TK/N COUNTY CLERK AND REORDERS &C.E. \�' MAlL80X PI_
AT PAGE OF 1•HF C1,F10 i I I'h1N' t'Zti;NTl
COLORADO, AS ;SUPPLE:MENTE 11 AND AM[ „l i I.
UNIT A
ICJ
A M. Nf H E'ra,I
&V/"- Q _ STATE OF COLORADO )
y 6 / ) SS.
aka 1h O COUNTY OF )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME Tlll_.
�rA"'
DAY OF , 19 , BY THERESA M,. HU3Bf3RT
cUNCRFTF pRlV£WAY
A I / L.C.E UNIT A
uvn, rT ,..` 00 \O WITNESS MY HAND AND OFFICIAL SEAL.
� c� MY COMMISSION EXPIRES:
O R
NC:TARY I•t i3LTC
G. C.E.
RETA/N/NG WALL
APPROXIMATE LOCATION,.. G,C.E, NOTES
L.IR C.E.ONDIT/ON/NG UN1T N�'S°p6OO lV]
°' ' 1. ALL DECKS, GARAGES, STORAGE AREAS, PORCHES AND FIREPLACES ARE
5.00 FOOT WIDE LIMITED COMMON ELEMENTS APPURTENANT TO THE UNIT IDENTIFIED
/QTILITYEASEMENT WITH THE SAME NUMBER.
h. GAS METER FOR
TRANSFORMER / 20/ 2. ALL DIMENSIONS ARE WITHIN PLUS OR MINUS .10 FT. TOLERANCE_
211
r EXTERIOR FINISHED SURFACE
WINDOW OR DOOR
IG.CE.J (GC�l
/NDIVlD✓AL OWNERSHIP
INTERIOR DIMENSIONS TO HERE
ALL INTERIOR DIMENSIONS TAKEN FROiv1
F'INISHF.D SURFACE TO FINISHED SURFACE
TYP/CAL EXTER/OR WINDOW_8 DOOR_
DIAGRAM
SCALE NONE
/SOP" 215 ?. A "GARAGE" MAY ONLY BE USED FOR STORAGE OF OPERABLE; MOTOR
VEfiICLES AND ACTIVITIES INCIDENTAL TO THAT STORArF Amr)
0
4RR
_1 TRASH FOR
201
ELECTRIC SWITCH 211
( STAT/ON 215
_ CABLE T.V.
-TELEPHONE
UNDERGROUND PET RESTRAINT SYSTEM
ONVISIBLE FENCING)
EASEMENT RECITED IN BOOK AT PAGE
;c o 20 3v
SCALE- /" = /O'
ANCILLARY STORAGE.
4. LAUNDRY ROOM IS PLUMBED FOR AN ADDITIONAL BATH.
5. BENCHMARK. TOP OF SOUTHWEST REEAn (NO C?1i ).
ELEVATION: 7958.50.
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST CC!t ' l TA,Ny LEG,`1I
ACTION BASED UPON ANY DEFECT IN THIS Sc tid1;Y WITHIN L IFEF { 5 j
AFTER YOU FIRST DISCOILR SUCH DEFECT, IN NO EVENIT Y, j' vit, AC_
13ASED UPON ANY DEFECT IN THIS SURVt?Y BE COM!MENC-Ell IVIOP.11: '.ilA Tl,;,'
(10) YEARS FROM THE Da3TF Of "Hr F t : )'1 - Ic;h.' Iti ?I t:7FF.
RE:C-ORDEIR CERTIFICATE
STATE OF COLORADO 1
) SS.
COUNTY OF PITKIN
I HEREBY CERTIFY THAT THIS INSTRUMENT WAs FILED FOR RZ-ORp
OFFICE AT 0 CLOCK M. ON THE DAY CA
19 AND DULY RECORDED -A PLAT BOOK A T 1
?'ITKIN COUNTY CLERE; 3�+
BY
rr
0.6
L/
FIRS T' L E VEL (BA SEMEN F)
SCALE: 31W" ; /'-0-
CONDOMINIUM MAP
LAKEVIEW TOWNHOME CONDOMINIUMS
A RESUBD! VISION OF UNITS 18 2, PROMON TOR Y CONDOMINIUMS
(L 0 T 5 PROMON TOR Y SUBDI VISION) Cl T Y OF A SPEN, Pl TKIN CO UN T Y, COL ORA D 0
SHEET 2OF3
0..6
\ i
brY
UN/ T A
L.C.F.
m
O.4
14v 34 6F
I -
- 0.8,
UNI T B
u v
z.; .
a
a
0.4'
6.E �..__------- '4.9
i
ENTR Y Lx
L-
BW WINDOW &AY WINDOW
z�
A
SECOND LEVEL (MAIN)
SCALE. 3/IC'- /-0"
a
N
RF ✓15 C'; BY
CONDOMINIUM MAP
LAKEVIEW TOWNHOME rONUOMINIUMS
FOR
7 4IERt A Al- i"fL;HBER T
C.K F, t NO !`;HEFT 2
HMS v 89046.032 3
UNIT A
OPEN rO
BELOW V
L. C.C.
0.6,
CONDOMINIUM MAP
LAKEVIEW TOWNHOME CONDOMINIUMS
A RESUBDIV/SIGN OF UNITS 18 2, PROMONTOR Y CONDOMINIUMS
(L 0 T 5 PROMON TOR Y SUBDI VISION) Cl T Y OF A SPEN, Pl TK/N C0UN T Y, COL Ofc
SHEET 3 OF 3
UN/ r B
OPCN r0
BELOW
/4.71 I
[-LEV.. = 7954.04
e�
UNIT A
L.C.E
\� d
S
in
UNIT B
L. C.E.
400(\
252' 251
❑ o
14.9' — 3� \6.6 6.0 34 14.9 \\�%
w/r A UN/r B
OPEN r0 BELOW OPEN r0 BCLOW/_.—
Boy W/Ivow C. F. L.C.C. BAY WINDOW
� A
THIRD LEVEL (UPPER)
SCALF: 3//6" = /' O"
SEC TION D
SCALE? 3/I6" _ /' 0"
UNI T A
ELEy = �9L
SECTION B
SC4_F.- ; '16.. _ / C..
TYPICAL UNI r A /B
ELEV = 7954,C
SECTION A
SCALE: 3//6" = /'-O"
TYPICAL L Aff r A /B
SECTION C
UNIT B
V. = 7954,04
CONDOMINIUM MAP
LAKEV'EW TOWN4CME CCNi 0Ml,*flJM,.`
FOR
HMS
3
89046. 03,1 3