HomeMy WebLinkAboutLanduse Case.CO.914 Waters Ave.A028-002737-182-61-706 A028-00
914 Waters Ave. Condominiumization
Jobb
COMMUNITY DEVEWPMEPIT DEPARTMENT
130 South Galena Stream.
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
/
2(� a
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
I'
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
NAME
ADDR
PHONE:/U�LZ�I G.
CHECK# ( � i
Z57—
CASE/PERMIT#: A 6 / - # OF �OPIES: v�
DATE: �' i �� INITIAL:
PARCEL ID: 2737-182-61706 DATE RCVD: 3/9/00 # COPIES: F- CASE NO A028-00
CASE NAME: 914 Waters Condomiumization PLNR:
PROJ ADDR: 1914 Waters Ave. CASE TYP: Condominiumization STEPS:
�-
OWN/APP: 914 Waters LLC./ C/ ADR 408 AABC #202 C/S/Z: Aspen/CO/8161 1 PHN: 920-4988
REP: Herb Klein ADR: 1201 N Mill St., Ste 20 C/S1Z: Aspen!CO/8161 1 PHN: 925-8700
FEES DUE: 265 D 170 E FEES RCVD: 450 STAT: F
REFERRA
REF:+ BY�� DUE:.
MTG DATE REV BODY PH NOTICED
F- F- DATE OF FINAL ACTION:
CITY COUNCIL:-
REMARKS ;yt �j� j PZ:
BOA:
CLOSED: BY: �, , DRAC:
PLAT SUBMITD: PLAT (BK,PG): �_j7 5� ADMIN:) 47
�I
ro
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A028-00
2737-182-61706
914 Waters Condom iumization
914 Waters Ave.
Chris Bendon
Condom iniumization
914 Waters LLC./ C/o of Austin Lawrence Partners LL
Herb Klein
Approved
12/19/00
J. Lindt
•
•
HERBERT S. KLEIN
MILLARD J. ZIMET'
OF COUNSEL:
JACQUELINE L. GARDNER
.also admitted in New York
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
March 8, 2000
Via Hand Delivery
Julie Ann Woods
Aspen Community Development Director
130 S. Galena St.
Aspen, Colorado 81611
201 NORTH MILL STREET
SUITE 203
ASPEN, COLORADO 81611
TEL: (970) 925-8700
FAX: (970) 925-3977
1 'ZS'00
Re: Application for Condominiumization of 914 Waters Avenue
Dear Julie Ann:
Please accept this application on behalf of 914 Waters LLC,
the owner of the property located at 914 Waters Avenue (formerly
known as the Northstar Lodge), for the condominiumization of this
property pursuant to Section 26.88.070 of the City of Aspen Land
Use Code. The following information is provided:
1. Identification of the Applicant and Consent to Process
Application. Attached at Exhibit 1 is a Consent and
Authorization to Process Land Use Application executed by
Austin Lawrence Partners, LLC, the manager of 914 Waters
LLC, the owner of the property. This document provides
the legal description and the address and telephone
information of the owner who has authorized this firm to
process the application on its behalf.
2. The street address of the property is 914 Waters Avenue,
Aspen, Colorado. The legal description is Lots M, N and
O, Block 119.
3. Attached at Exhibit 2 is a recent title insurance
commitment identifying ownership of the property and all
mortgages, easements, etc. affecting the property.
4. An 8% by 11;� vicinity map is attached at Exhibit 3.
5. An improvement survey is part of the condominium plat. An
original mylar and two prints of the condominium plat are
provided herewith. The site is flat and, therefore, no
topography is indicated. The condominium map meets all
the requirements of State law as well as the City of
aspen Land Use Code.
Julie Ann Wood
March 8, 2000
Page 2
6. Written description of proposal. The proposal is to
condominiumize the existing 21 residential apartments
currently located on the property. Condominiumization of
this property is permitted by State law and the City of
Aspen Land Use Code. The protective covenants contain a
use restriction which requires the units to be treated as
a lodge under the City of Aspen Land Use Code with a
requirement that the units be available for short-term
residential use for not less than six months each year.
7. Also enclosed is a check from 914 Waters, LLC in the
amount of $450 to cover the filing fees. Two copies of
the application are submitted, one for the Community
Development Office and the other for the Engineering
Department.
Please
contact me
information.
sg\hi11s\148.1tr
Enclosures
process this application as quickly as possible and
if you have any questions or need additional
Very truly yours,
KLEIN-ZIMET PROFESSIONAL CORPORATION
By \ ` -
Herbert S. Klein, Esq.
1
M/aR-0G-00 09:05 FROM: Au' irl Lawrr-nc(- Partric-ra 11) E[70 12OE17-11 PAGF 2
FrxtiM :Kl.f fnf-ztMFl Pr_
'qeo `_ii'.5 F17M ^40..d•4
QKfizNT_.4$QAI2iATZ0� 'l'Q��$�,5.-.
1
1 The undersigned owner, witb reepect to its property located at
Lila LoLn M,N and O, Block 119, Aspen, Colorado, formorly known as
the Northatar Lodge, hereby authoriz"n Herbert S. Klein, Esq., il.s
attorney to prrocnss on its behalf an application for
r✓ondom�nitttnizativn and any permits or other applIcations necessary
for compliance with all conditions asevetated therewith, foi. the
property. now knowu as the 914 Waters Avenue Condominiume.
A facsimile of this authorization may be treated an an
origin '1.
b Lod: March 3, 2000
i
OWNFR:�
I
9 4 WATRNS, W&C,
a Colorado limited liability acNFRUY
Byt J
Nameep- la
itlr of Austin Lawrence Partners, LL+C,
Comited liabiliity company ito Manager
OE1 l�epedo 81.611920-ce ext. 14
I
R
Mille\cpw.�l�
� � 1
i
EXHIBIT
I 1
1 m
rE8. 8.2000 10:30AM S#RT TITLE ASPEN � NO.061
American I nd Tide A9eoeiation Commitment - ModiB:.d 3/78
COMMITMENT FOR TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
P.4
STEWART T1TI:E GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest coveted hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof:
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations heraunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an
authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A,
STEWART TITLE
ChaiPmen of the BoAr�
Countersigned;
� r
Authorized Countersigneture - ttcrDclany
STEWART TITLE OF ASPEN, INC.
Ag=n ID #0601 t A
OUARANY'Y COWANY
- W"Id)
President
30
Pwl
EXHIBIT
ci
2
m
Order No. 00026566
'FEB. 0.2000 1A:30RM SART TITLE ASPEN
SCHEDULE A
I& N0.761 F.5
Order Numher: 0002686E
1. Effective date.' February 07, 2000 at 7.30 A.M.
2. Policy or Policies to be issued:
(a) A.L. T.A. Owner's (standard)
Proposed Insured:
TO BE DETERMINED
(b) A.L. T.A. Mortgagee's
Proposed Insured:
(c) Leasehold
Proposed Insured.
Amount of Insurance
S TBD
S
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple
4. 7itle to the fee simple estate or interest in said land is at the effective date hereof vested in:
914 WATERS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this Commitment is described as follows:
see Attached Legal Description
STATEMENT OF CHARGES
These charges are due and payable before a
Policy can be issued
Owners Premium $ TBD
(50% discount will be applied)
STE,WART TITLE OF ASPEN, INC.
620 E. Hopkins, Aspen, Co. 8)611
Authnri- ou i ersignature - Pe Delany
FEB. B. 2000 10: 31AN S*RT TITLE ASPEN • NO. �D61 P. 6
SCHEDULE B
Section I
Order Number: 00026868
REQUIREMEN7S
The following are the requirements to be complied with;
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured,
Item (b) Proper instruments) creating the estate or interest to be insured must be ejeetued and duly filed for
record, to wit:
1. Release of Deed of Trust dated September 30, 1963, executed by North Star
Partners, a Colorado Partnership, to the Public Trustee of Pitkin county, to
secure an indebtedness of $55,000.0o, in favor of BeechKnoll Nursing Homes,
Inc., recorded September 30, 1583 in book 452 at Page 787 as Reception No.
253590.
NOTE: The above described Deed of Trust may have been paid off zn connection
with the sale of the property in April 1988 to The Hotel Jerome Limited
Partnership (Pitkin County Title Order No. 1775)-, however no release appears of
record.
2. Quit Claim Deed, Assignment, Termination, or other satisfactory evidence of the
Contract To Buy and Sell Real Estate dated March 28, 1996 between Hotel Jerome
Associates, L-P. sellers, and Roaring Fork Partners, L.L.C., purchasers,
recorded November 11, 1996 as Reception No. 298944.
NOTE: Said contract was listed as an Exception on Exhibit A to General warranty
Deed conveying title to 914 waters, L.L.C., a Colorado Limited Liability
Company, recorded January 15, 1998 as Reception No. 412594.
3. Re-recording of the Condominium Declaration for 914 waters Avenue condominiums,
originally recorded February 4, 2000 as Reception No. 440166, to. include
Exhibits A and B, which were referenced in the body of said Declaration, by not
attached.
4. Duly approved and recorded Condominium Map for 914 waters Avenue Condominiums.
S. Partial Release of Deed of Trust dated January 12, 1998, executed by 914
Waters, LLC, to the Public Trustee of Pitkin county to secure an indebtedness
of $1,325,000.00 in favor of Pitkin county Bank & Trust, recorded January 15,
1998 as Reception No. 422595.
NOTE: Assignment of Rents recorded January 15, 1998 as Reception No. 412596.
NOTE: Disburser's Notice recorded January 15, 1999 as Reception No. 412597.
NOTE: Loan Modification Agreement recorded January 20, 1999 as Reception No.
426791, which, among other matters, increased the principal amount secured by
the above Deed of Trust to $1,900,000.00,
6. Partial Termination Statement for Financing Statement from 914 waters, LLC,
debtor(s), to Pitkin County Bank S Trust, secured party, filed November 16,
Continued on next page
-1-
FEB. 9.2000 10:31AN S�ART TITLE ASPEN • NO.GJ61 P.7
Continuation of Schedule B - Section I
Order Number: 00026668
1998 as Reception Nos. 424497 and 424498, giving notice of a security interest
pursuant to the Uniform Commercial code.
7. Certificate from the management group evidencing the fact that all Condominium
expenses have been paid pursuant to paragraph 22.1 of the Condominium
Declaration.
S. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the
Office of the Director of Finance, city of Aspen, that the following taxes have
been paid, or that conveyance is exempt from said taxes:
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20
(series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to
Ordinance No. 13 (Series of I990).
9. The following is required with respect to 914 Waters, L.L.C., a Colorado
Limited Liability Company:
a. Satisfactory evidence furnished by the Secretary of State in which
Articles were filed, confirming that said Limited Liability Company is in good
standing. (i.e., Certificate of Good Standing, or copy of Articles of
Organization bearing file stamp from the Secretary of state.)
b. Copy of the Articles of organization of said Limited Liability Company.)
C. Copy of the operating Agreement of said Limited Liability Company.
10. The following is required with respect to Austin Lawrence Partners, LLC,:
a. Satisfactory evidence furnished by the Secretary of state in which
Articles were filed, confirming that said Limited Liability Company is in good
standing. (i.e., Certificate of Good Standing, or copy of Articles of
Organization bearing file stamp from the Secretary of State.)
b. copy of the Articles of Organization of said Limited Liability Company.
C. Copy of the Operating Agreement of said Limited Liability Company.
NOTE: This requirement is neceszary because documents of record disclose that
Austin Lawrence Partners, LLC is the manager of 914 Waters, L.L.C..
11. Deed executed by all current Managers of 914 Waters, L.L.C., a Colorado Limited
Liability company, vesting fee title in purchaser(s).
-2-
FEB. 8.2000 10:31AM S ART TITLE ASPEN N0.061 P.8
O SCHTsDUI_l; B I*
Section 2
Order Number; 00026968
EXCEP77ONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parries in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and anv facts which a correct
survey and inspection of the premises would disclose and which are not show7t by the public records.
4. Any lien, or right -to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. Exceptions and reservations as set forth in the Act authorizing the issuance of
the Patent for the City and Townsite of Aspen recorded March 1r 1897 in Book
139 at Page 216 as Reception No. 60156.
9. Exceptions and mineral reservations as set forth in the Patent to the Aspen
Tcwnsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156.
10. Reservations and exceptions as set forth in Deed from The City of Aspen
recorded September 12, 188E in Book 59. at Page 483 as follows: That no title
shall be hereby be acquired to any mine of gold, silver, cinnabar or copper or
to any valid mining claim or possession held under existing laws.
11. Encroachment of ground floor deck onto waters Avenue as disclosed in Deed
recorded June 6, 1990 in Book 622 at Page 173.
12. Terms, conditions, obligations and restrictions as set forth in City of Aspen
ordinance No. Zr Series cf 1997, to re -zone specific properties from Lodge
Preservation to the underlying zoning with a Lodge Preservation overlay,
recorded September 3, 1997 as Reception No. 407979.
13. Easement for utility purposes as set forth in Holy Cross Electric Association
Underground Right -of -Way Easement recorded October 15, 1998 as Reception No.
423230.
14. Terms, conditions, obligations and restrictions as set .forth in Trench, Conduit
and Vault Agreement recorded October 13, 1998 as Reception No. 423231.
15. Terms, conditions, obligations and restrictions as set forth in the Condominium
Continued on next page
FEB. 9.E000 10:32AN S�RT TITLE ASFEN � N0.OS1 F.S
Continuation of Schedule B - Section l
Order Number: .00026868
Declaration for 914 Waters Avenue Condominiums recorded February 4, 2000 as
Reception No. 440166, and re -recorded 2000 as Reception No.
(See requirement)
16. Any lien that may attach upon vesting of title in the party to be insured.
NOTE: Stewart Title of Aspen, and/or Stewart Title Guaranty Company neither
assume, nor will be charged with any liability under this Committment until
such time as the name of the proposed insured and the amount of insurance are
made known to the Title company.
NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of
conveyance in the proposed transaction the status of title will be updated from
the time of this commitment to the time of said recording. If said update
reveals intervening liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change prior to the
recording of said documents. If said update reveals no intervening liens or
changes in the status of title, Exception No. 5 above will be deleted.
NOTE: Policies issued hereunder will be subject to the terms, conditions, and
exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form
Policy Jacket, setting forth said terms, conditions and exclusions, will be
made available upon request.
FEB. 9.2000 10:32AM S�FT TITLE ASPEN • N0.n61 P.1F_I
SCHEDULE A
Order Number,' 00026868
LEGAL DESOUP770N
Condominium Unit No. _, 914 WATERS AVENUE CONDOMINIUMS, Pitkin County,
Colorado, according to and subject to the Condominium Declaration thereof
recorded February 4, 2000 as Reception No. 440266, and the Condominium Map for
914 Waters Avenue Condominiums, filed for record in Plat Book _ at Page as
Reception No.
NOTE_ said Condominiums are to be subdivided from the following parcel:
Lots M, N and o, Block 119, City and Townsite of Aspen,
Pitkin County, Colorado
FEB. R. EG_ 00 10: SEAM SART TITLE ASPEN • N0. 061 P. lc
0
CONDITIONS AND STIPULATIONS
I. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose
such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of atly such defect, lien, eucNmbrance, adverse claun or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations,
Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (e) to. acquire or
creSte the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions, the
Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may
bring against the Company arising Out of the status of the title to the estate or
inteiest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provifiions of this Commitment,
5`T WART TITLL
GUARANTY COMPANY
All notices required to be given the Company and atry statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this c6riimitment by its printed COMMITMENT ORDER NUM-
BER which appears on the bottom of thte front of the first page of this commitment.
RED
MOUNTAIN
ASPEN
ASPEN
MOUNTAIN
SUBJECT
PROPERTY
VICINITY MAP
,wm
#82
E-S q V
EXHIBIT
FE.
IN
4
0
0
Cu
0
c
f
M �
a
0
I
CD
rn
i
3
0
0
m
i
C1)
m
CD
0
ii
Y
CD
OLn
LEGEND
G.C.E. = GENERAL COMMON ELEMENT
L.C.E. = LIMITED COMMON ELEMENT
• = PROPERTY CORNERS
= PROPERTY LINE
EXTERIOR WALL G.C.E. WINDOW OR DOOR
h�
`FACE OF DRYWALL INDIVIDUAL OWNERSHIP
NOTE:
INTERIOR DIMENSIONS ARE FROM FACE OF DRYWALL TO FACE OF
DRYWALL. OWNERSHIP AT EXTERIOR WINDOWS AND DOORS IS AS
SHOWN ON THIS DIAGRAM. WINDOW AND DOOR FRAMES ARE
GENERAL COMMON ELEMENT.
TYPICAL EXTERIOR WINDOW AND DOOR DETAIL
NOTES:
1. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS
AND EASEMENTS OF RECORD OR IN PLACE.
2. THIS SURVEY IS BASED ON THE RECORDED PLAT OF ASPEN
AND CORNERS FOUND IN PLACE.
3. ALL DIMENSIONS WITHIN 0.1' TOLERANCE PLUS OR MINUS.
4. THE BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S 75'09'11" E
BETWEEN THE SOUTHWEST CORNER OF LOT M (A REBAR AND CAP LS#9184 FOUND
IN PLACE) AND THE SOUTHEST CORNER OF LOT 0 (A REBAR AND CAP LS#20151
FOUND IN PLACE).
5. ALL AREAS OUTSIDE OF BUILDING FOOTPRINT ARE GENERAL COMMON
ELEMENTS (G.C.E.), UNLESS OTHERWISE NOTED.
6. DATE OF SURVEY WAS JUNE 16. 1999.
L.C.E. STORAGE AREA CHART
UNIT #
ASSIGNED STORAGE AREA
1
E
2
N
3
A
4
C
5
F
6
0
7
B
8
1
9
D
10
G
11
P
12
L
13
M
14
T
15
Q
16
H
17
V
18
J
19
U
20
S
21
R
ARFFD
K
ARFFD = AREA RESERVED FOR FUTURE
DEVELOPMENT
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS CONDOMINIUM PLAT OF 914 WATERS CONDOMINIUMS WAS APPROVED BY
THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY
OF 20 .
COMMUNITY DEVELOPMENT DIRECTOR
CITY ENGINEER'S APPROVAL
THIS CONDOMINIUM PLAT OF 914 WATERS CONDOMINIUMS WAS APPROVED BY
THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF
20_ .
CITY ENGINEER
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MDRE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
CONDOMINIUM PLAT OF
914 WATERS CONDOMINIUMS
LOTS M, N AND 0 IN BLOCK 119, SITUATED IN THE CITY AND TOWNSITE OF
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO
REBAR AND CAP
LS #9184 (FND)
WATERS STREET
R.O. W./75.00'
1
1 / / I
ROAD SIGN
BOLLARDS
REBAR AND CAP
LS #20151 (FND) \
N
CONCRETE
WALKWAY
EDGE OF PAVEMENT
CERTIFICAT
THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF LAND TITLE
GUARANTEE COMPANY OF ASPEN, REGISTERED TO DO BUSINESS IN PITKIN
COUNTY, COLORADO, DOES HEREBY CERTIFY THAT THE PERSON/PERSONS
LISTED AS OWNER ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND
ENCUMBRANCES EXCEPT THOSE LISTED IN THE OWNERS AND MORTGAGEE'S
CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE, THIS
CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AS
OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND
AGREED THAT LAND TITLE GUARANTEE COMPANY OF ASPEN NEITHER
ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR
LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN.
SIGNED
NAME AND TITLE
TEL. PED.
ALLEY
R.O.W. 20.00'
ROOF OVERHANG
BOLLARDS \
#5 REBAR
FOUND
\ GRAVEL ALLEY
�— RETAINING WALL
(TYP. )
SEWER MANHOLE
TO LIFT STATION
p� ELECTRIC
METERS
�— ADJACENT
BUILDING
WINDOW WELL
(TYP.)
REBAR AND CAP
LS #20151 (FND)
P.O.B.
RVEYOR'S CERTIFICAT
ASPEN
'Q0,9
RED
ui MOUNTAIN
U
Z
g ASPEN
0' a`
HIGH
SCHO
i
ASPEN
MOUNTAIN C 0
Y #82
W
SUBJECT rEps Av
Li PROPERTY
U
VICINITY MAP
TY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE CITY AND TOWNSITE OF ASPEN,
COI-nRADO, BEING LOTS M, N AND 0 IN BLOCK 119, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 0, A REBAR AND CAP MARKED
L'S #20151 IN PLACE, THE POINT OF BEGINNING, THENCE N 75'09'11" W
A' O^.3 THE NORTHERLY SIDE OF WATERS AVENUE (75.00' R.O.W.) 90.00 FEET
TD ,: REBAR AND CAP MARKED LS #9184 IN PLACE; THENCE N 14'50'49" E
1,00.00 FEET TO A REBAR AND CAP MARKED LS #20151 IN PLACE; THENCE
S 7`'09'11" E ALONG THE SOUTHERLY SIDE OF AN ALLEY (20.00, R.O.W.)
90.^0 FEET TO A REBAR IN PLACE; THENCE S 14'50'49' W 100.00 FEET TO
THE CORNER, THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO
IN W -NESS HEREOF, THE SAID OWNER, LDTS M, N AND 0 IN BLOCK 11'9, IN THE
Cl A.NO TOWNSITE OF ASPEN, COLORADO, HAS CAUSED HIS/HER NAML
HE?k I'•ta 0 TO BE SUBSCR I BED THIS , DAY OF 20__
OWN, 2:
9•t WATERS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY
BY AUSTIN LAWRENCE PARTNERS, L.L.C.,
ITS MANAGER
BY :
GREGORY HILLS, MANAGER
STAFL OF COLORADO )
) SS.
COUNTY OF PITKIN )
UBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF
200'. BY GREGORY HILLS, AS MANAGER OF AUSTIN LAWRENCE PARTNERS, L.L.C.,
THE MANAGER OF 914 WATERS, L.L.C., A COLORADO LIMITED LIABILITY COMPANY.
WITNESS MY HAND AND OFFICIAL SEAL
GRAPHIC SCALE MY COMMISSION EXPIRES:
10 0 5 10 20 40
NOTARY PUBLIC
( IN FEET ) r
1 inch = 10 ft.
CONSENT OF MORTGAGE HOLDER
fHE 1NDERSIGNED, AS MORTGAGEE UNDER THE PROVISIONS OF THE CERTAIN DEED OF TRUST
DAT ) JANUARY 15, 1998 AND RECORDED IN THE RECORDS OF THE CLERK AND RECORDER
OF ITKIN COUNTY AS RECEPTION NO. 412595. HEREBY CONSENTS TO THE RECORDING
OF HIS PLAT AS HEREON DRAWN AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF
TR', TO THE MATTER SET FORTH ON THIS PLAT.
VE< to BANK COLORADO, N.A.
BY
ICE PRESIDENT
ST,- E OF COLORADO
ss
COUNTY OF PITKIN
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF
2000 BY
I, FRANK W. HARRINGTON, A REGISTERED PROFESSIONAL LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY STATE THAT THIS CONDOMINIUM MAP
WAS MADE UNDER MY SUPERVISION AND IT ACCURATELY REPRESENTS THE
DIVISION OF THE AIR SPACE OF THE BUILDING WITHIN LOTS M, N AND 0 IN
BLOCK 119, IN THE CITY AND TOWNSITE OF ASPEN, COLORADO. THIS MAP FULLY
AND ACCURATELY DEPICTS THE LAYOUT, MEASUREMENTS AND LOCATIONS OF
ALL OF THE BUILDINGS, CONDOMINIUM UNITS, THE COMMON ELEMENTS, THE
DIMENSIONS OF THE CONDOMINIUM UNITS AND THE ELEVATIONS OF THE
FLOORS AND CEILINGS, WITHIN SUCH LOTS M, N AND 0, BLOCK 119. THIS
CONDOMINIUM PLAT COMPLIES WITH THE REQUIREMENTS OF C.R.S. 36-33.3-209.
FRANK W. HARRINGTON
PROFESSIONAL LAND SURVEYOR
P.L.S. #19598
AS OF VECTRA BANK COLORADO, N.A.
M, COMMISSION EXPIRES:
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT IS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO. AT O'CLOCK .M.,
ON THE DAY OF 20_ , AS RECEPTION NO.
CLERK AND RECORDER
BY: --
DEPUTY
r
m
O
O
In
_
O
N
O
Cn
3
In
w
M
\
O
M
�
rn
W
W
Y
Q
J
p
U
0
CV
N
F0
�w U ^
z D J 4QJ
o� J
zQ QQ
ou, Co
U X
Cf)� U
�� 3 O
QU
a
00 rn W � 0-
a� Q
PROJECT NO.
99705.01
SHEET 1
OF 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT:
SECTION 26.04.100 DEFINITION FOR LODGE;
SECTION 26.28.210 LODGE PRESERVATION ZONE DISTRICT;
SECTION 26.28.320 CREATION OF A LODGE OVERLAY ZONE DISTRICT;
SECTION 26.52.010 COMMON DEVELOPMENT PROCEDURES;
SECTION 26.100.040 ANNUAL RESIDENTIAL AND TOURIST ACCOMMODATIONS
DEVELOPMENT ALLOTMENTS;
SECTION 26.102.010 ANNUAL COMMERCIAL AND OFFICE DEVELOPMENT
ALLOTMENTS; AND
SECTION 26.100.050 GROWTH MANAGEMENT EXEMPTIONS.
ORDINANCE 29, SERIES OF 1996
WHEREAS, Section 26.92.020 of the Municipal Code provides that amendments to
Chapter 26 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for
approval by the Planning Director and then by the Planning and Zoning Commission at public
hearing, and then approved, approved with conditions, or disapproved by the City Council at public
1f
hearing; and
WHEREAS, the Planning Office has determined that the Lodge Preservation (LP) Zone
District of the land use regulations are no longer in the best interests of the City of Aspen or the
lodging community, and
WHEREAS, the Planning Office recommends that certain sections of the Code be
amended to allow lodge owners the ability to convert to other uses or expand lodges through the
use of the exemption process and allocations provided for in the amendments to the Quota System
(GMQS); and
1
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments
and did conduct public hearings thereon on July 16, 1996 and July 30, 1996; and
WHEREAS, upon review and consideration of the text amendments, agency and public
comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal
Code, to wit, Division 92 (Text Amendments), the Planning and Zoning Commission has
recommended approval of the text amendments recommended by the Planning Director pursuant to
procedure as authorized by Section 26.92.030 of the Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered the text amendments
under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered those recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public hearing; and
WHEREAS, the City Council finds that the text amendments meet or exceed all applicable
development standards and is consistent with the goals and elements of the Aspen Area
Community Plan; specifically policy #12 in the Commercial/Retail Action Plan which reads as
follows: " Revise the Lodge Preservation Zone District to allow a range of mitigation and allow
for minor expansion with less mitigation required in order to maintain the small lodge inventory in
the community. "; and
WHEREAS, the City Council fords that this Ordinance furthers and is necessary for public
health, safety, and welfare; and
WHEREAS, the City Council finds that the proposed text amendments will allow the
expansion and conversion of existing lodge uses, will promote compatibility of zone districts and
land uses with existing land uses and neighborhood characteristics, and will be consistent with the
public welfare and the purposes and intent of Chapter 24 of the Municipal Code.
p P� P
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City
Council finds as follows in regard to the text amendments:
1. The proposed text amendments as set forth in the Plan are not in conflict with the provisions
of Chapter 26 of the Municipal Code or the Aspen Area Community Plan.
2. The proposed text amendments will promote the public interest and character of the City of
Aspen.
Section 2: Section 26.04.100 of Chapter 26 of the Aspen Municipal Code is amended to add a
definition of "Lodge", which text shall read as follows:
Lodge means a building previously zoned Lodge Preservation (LP) containing three (3)
or more individual rooms for the purpose of providing lodging facilities on a short or
long-term basis, for compensation, with or without meals, and which has common
facilities for reservation and cleaning services, and on -site management and reception.
A lodge may include kitchens within individual rental units.
Section 3: Section 26.28.210 of Chapter 24 of the Aspen Municipal Code which established the
Lodge Preservation (LP) Zone District is hereby repealed in it's entirety.
Section 4: Section 26.28 of -the Aspen Municipal Code, is hereby amended to add a Lodge
Preservation Overlay Zone District which text shall read as follows:
26.28.320 Lodge Preservation Overlay Zone District
A. Purpose: The purpose of the Lodge Preservation (LP) Overlay Zone District is to
provide for and protect small lodge uses in areas historically used for lodge accommodations,
to permit expansion of these lodges when such expansions are compatible with neighboring
C�
3
properties, and provide an incentive for upgrading existing lodges on -site or onto adjacent
properties.
B. Permitted Uses. The following uses are permitted as of right in the LP Overlay Zone
District.
1. Lodge Units;
2. Boarding House;
3. Dormitory;
4. Accessory use facilities intended for guests of permitted lodge units, boarding house or
dormitory, which are commonly, found in association and are for guests only,
including office, lounge, kitchen, dining room, laundry and recreational
facilities;
5. Affordable housing for employees of the lodge;
6. Accessory buildings and uses.
7. Condominiumization, with the requirement that the lodge must maintain management
facilities and make the unit available for short-term rentals through ACRA for 50% of a calendar
year.
C. Conditional Uses. The following uses are permitted in the LP Overlay Zone District,
subject to the standards and procedures established in Chapter 26.60.
1. Restaurant included within a lodge operation serving guests and others;
2. Timesharing;
!` 3. Affordable Housing.
D. Dimensional Requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the LP Overlay Zone District.
1. Minimum lot size (square feet): No Requirement
2. Minimum lot area per dwelling unit (square feet): No Requirement
3. Minimum lot width (feet): No Requirement
4. Minimum front yard (feet): 10
5. Minimum side yard (feet): 5
6. Minimum rear yard (feet): 10
7. Maximum height (feet): 25
8. Minimum distance between principal and accessory buildings (feet): 10
9, Percent Open Space required for building site: 35 (Can be varied by special review
pursuant to Section 26.64)
10. External Floor Area Ratio: Established by special review pursuant to Section 26.64, not
to exceed 1:1.
11. Internal Floor Area Ratio:
Lodge Rental Space: Maximum of.75:1, which can be increased to 1:1 internal
FAR of lodge rental space provided that 33.3% of the additional floor
51
area is approved for residential use restricted to affordable housing for
employees of the lodge.
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the LP overlay zone district, subject to the provisions of
Chapter 26.32.
1. Lodge Use: 0.7 spaces/bedroom, of which 0.2 spaces per bedroom can be provided via a
payment in lieu pursuant to Chapter 26.64.
2. All other uses: 4 spaces/1000 square feet of net leasable area.
Section 5: Section 26.100.040 of the Aspen Municipal Code, Annual Development Allotments, is
hereby amended which text shall be inserted into the existing allocation table and shall read as
follows:
Allotments
Development Types 1996 1997 1998
Tourist Accommodations, Lodge Expansion Associated 11
Free Market Residential, Lodge Conversion Associated. 14 7 7
* The number of allotments for lodge expansion for 1997 and 1998 allocations shall be determined
by the Community Development Director using the following formula.
A = B- (C*D)
A = Small Lodge Expansion Pool Available Annually for 1997 and 1998
B = Number of Lodge Units Converted through the LP Change-In_Use for the Previous Year
C = Free Market Units Allocated through the LP Change In Use for the Previous Year
D = Impact Conversion Factor of 2.5 Lodge Units per Free Market Unit
Section 6: Section 26.102.030 of Chapter 26 of the Aspen Municipal Code, Commercial and
Office Development Annual Development Allotments, is amended to include a new section, which
text shall read as follows:
5
A. 5. 4, 000 square feet a year of net leasable commercial and office space for properties previously
zoned Lodge Preservation (LP), and compliance with Section 26.100.050 "Change in
Use/Expansion of Lodges ".
Section 7: Section 26.100.050 of Chapter 26 of the Aspen Municipal Code, Growth Management
Exemptions is hereby amended to add an additional exemption, which text shall read as follows:
C. Exemption by City of Aspen Planning and Zoning Commission.
1. General.
a. Timing of Exemption Request. No development shall be considered for an exemption by
the Community Development Director until a complete application has been submitted pursuant
to Section 26.52.070.
2. Planning and Zoning Commission exemptions that are deducted from the annual
allotment pool or from the metro area development ceilings. The following exemptions shall be
deducted from the respective annual development allotment established pursuant to Section
26.100.040 or from the metro area development ceilings established pursuant to Section
26.100.030.
a. Change in Use/Lodge Expansion. A change in use of any existing structure
previously zoned LP to either commercial/office or residential use, or the expansion of an
existing lodge previously zoned LP shall be exempt from growth management competition
and scoring procedures, provided that the following conditions are met:
1) The Planning and Zoning Commission determines in a public hearing that
employee housing or cash -in -lieu will be provided to mitigate for additional employees
generated by the change in use or expansion. This shall include an analysis and credit
for existing employee housing and the incremental impact between the existing use and
the proposed conversion;
2) The Planning and Zoning Commission determines in a public hearing that
sufficient parking spaces will be provided for the change in use or expansion or cash -in -
lieu will be used;
3) The Planning and Zoning Commission determines in a public hearing that the
change in use or expansion is compatible with the character of the existing
neighborhood;
4) The Planning and Zoning Commission determines in a public hearing that
adequate public facilities exist or will be provided for the change in its of the existing
neighborhood;
6
5) No zone change is required.
6) The proposal is consistent with the Aspen Area Community Plan
The proposed conversion or expansion will be deducted from the appropriate GMQS Lodge
Conversion or Expansion Pool, pursuant to Section 26.100.040.
Process for Allocations
An annual lottery held during a regularly scheduled Commission meeting shall be established
for lodges requesting conversion or expansion. Each lodge can apply for inclusion in the lottery.
Each lodge selected in the pool shall be allowed to go through the change in use process.
Separate lotteries shall be held for free market conversion, expansion or commercial/office use.
The total number of lodges allowed to be selected in the lottery shall be based on the potential
buildout available for the selected lodge.
For example, each lodge has a potential buildout based on underlying zoning that determines the
number offree market homes possible on each property, as well as the allowed square footage of
commercial or office space. As the lottery progresses, a running total ofpotential buildout of
units or commerciaUoffice square footage as determined by underlying zoning, shall be kept.
Once the total allowable GMQS allocations for lodge expansion or conversion is reached or
exceeded by the last selected lodge, one additional lodge applying for change'in use shall be
selected and the lottery shall end.
If the total number of free market units or non-residential square footage allowable under
underlying zoning are not awarded through the annual change in use process, the last selected
lodge can apply for the change in use process for these remaining allocations. Multi year
allocations can be awarded if the Commission approves a change in use application for the
units that exceed the annual quota, and the following years allocations shall be adjusted
accordingly. Any allocations left following all change in use applications shall be returned to
the pool for future allocation.
Potential lodge expansion units for 1996 shall be 11 lodge units. Subsequent years lodge
allocations shall be determined by the conversion formula and the number offree market
conversion units approved by the Planning and Zoning Commission during the previous year, as
described in Section 26.100.040. This shall be determined by the Community Development
Director.
In order to prevent speculation or residential quota banking, a lodge awarded residential
allocations would be required to apply for a land use application for a change in use within nine
(9) months of the lottery date, followed by the securing of an active building permit and an
7
abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use
application is submitted within nine (9) months from the date of the lottery, no quota received
will revert to the next lottery winner. If no building permit is issued within eighteen (18) months,
the units awarded would be added to the next GMQS pool, and the lodge can not compete in the
lottery for five (5) years, or some other period of time suitable to the Planning and Zoning
Commission.
The deadline established above for building permits and land use submittals are not required for
commercial allocations until all necessary quotas for a project are secured, whereupon a lodge
awarded the full allocation necessary for its project would be required to submit a land use
application for a change in use within nine (9) months of the lottery date on which all necessary
quotas were obtained, followed by the securing of an active building permit, and an
abandonment of the lodge use within eighteen (18) months of the lottery date on which all
necessary quotas were obtained. Ifno land use application is submitted within nine (9) months,
or no building permit is issued within eighteen (18) months of the lottery date on which all
necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and
the lodge could not compete in the lottery for five (5) years, or some other period of time suitable
to the Planning and Zoning Commission.
An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the
Planning and Zoning Commission based on a good faith effort on the part of the applicant to fle
an application or obtain a building permit.
A mixed use residential and commercial development, where permitted by underlying zoning,
would require the residential component of the project to be developed within the time limits
imposed on residential development, as outlined above, even if it requires the phasing of the
development project.
The schedule for application for the change in use or lodge expansion lottery for 1996 are as
follows:
November 15, 1996 - Conversion of previously zoned LP properties to Free Ndarket Units
November 15, 1996 - Conversion ofpreviously zoned LP properties to Non -Residential Uses
November 15, 1996 -Expansion of Lodges previously zoned LP.
For 1997 and 1998, the schedule for application for change -in -use shall be established by the
Community Development Director.
C
Section 9: An application packet shall be developed by the Community Development Director
by October 1, 1996, and shall be provided to each applicant at a pre -application conference
consistent with Section 26.52.020.
Section 10: This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances repealed
or amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 11: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 12: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy
of this ordinance in the office of the Pitkin County Clerk and Recorder.
Section 13: A public hearing on the Ordinance was held on the 26th day of August, 1996 at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the L_ day of
a�9� 1996.
.John Bennett, Mayor
11
9
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 2(p day of
ju- -1",��996.
John fiennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
A&L File Location: C:\HOMEIDAVEM\CASES\ORDINANC\LODGE29.DOC
•
10
111111111111111111111111111111111111111111111111111 IIN
440166 02/04/2000 04:19P COVENANT
10 of 99 R 296.00 D 0.00 N 0.00 PITKIN COUNTY CO
2.8.4 Other expenditures made, liabilities incurred, or
expenses agreed upon as Common Expenses by the Board.
2.9 Condominium Laws mean the Colorado Common Interest
Ownership Act, Title 38, Article 33.3, Colorado Revised Statutes,
1992, as amended, and the City of Aspen Land Use Code, Sections
26.88.070 and 26.28.320.
2.10 Condominium Map or "Map"means that part of a declaration
that depicts all or any portion of a common interest community in
three dimensions, prepared in accordance with the Act, executed by
Declarant, and filed for record in the office of the Clerk and
Recorder of Pitkin County, Colorado. The Condominium Map may be
filed for record in parts or sections and may be supplemented or
amended as provided herein.
2.11 Condominium Property means the Land and all Improvements
and future Improvements, if any, and all appurtenant rights thereto
created by this Declaration.
2.12 Condominium Unit means an individual air space Unit as
defined in Section 2.27 and designated as a Condominium Unit on the
Condominium Map, together with the undivided interest in the Common
Elements appurtenant to said Unit (expressed as a percentage of the
entire ownership interest in the Common Elements), and any Limited
Common Elements designated and reserved for such Unit. The Project
may contain the following types of Condominium Units:
(a) Lodge Condominium Unit which means the condominium
dwelling units created pursuant to this Declaration and used and
occupied subject to the terms hereof. For not less than six(6)
months each year, the Lodge Units shall be available for short term
residential use; provided however that the Board may approve
changes to this use limitation at such time as such changes are
permitted by the laws of the City of Aspen.
(b) Parking Unit which means a parking space on the Land
which is shown as a Parking Unit on the Map and which is not a
common element or limited common element and used and occupied
subject to the terms hereof. The horizontal boundary of a Parking
Unit shall extend fifteen (15) feet in the air above the surface
elevation of the land area designated for the Parking Unit.
2.13 Declarant means 914 Waters, LLC, a Colorado Limited
Liability Company, its successors and assigns.
2.14 Declaration or Condominium Declaration means this
Declaration of Grants, Covenants and Restrictions Establishing a
Plan for Condominium Ownership of 914 Waters Avenue Condominiums,
a Condominium Common Interest Community, and any and all duly
executed amendments, supplements, or additions of this Declaration,
recorded in the office of the Clerk and Recorder of Pitkin County,
3