HomeMy WebLinkAboutcoa.lu.pu.Patterson 580 Cemetery Ln.A37-90 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 6/8/90 PARCEL ID AND CASE NO.
DATE COMPLETE: :7;1 ( Z ,. 2735-122-06-008 A37-90
STAFF MEMBER: '
PROJECT NAME: Patterson Insubstantial Amendment to an Approved
PUD
Project Address: 580 Cemetery Lane
Legal Address: Lot 2, Castle Creek Subdivision
APPLICANT: Mark Patterson
Applicant Address: 580 Cemetery Lane, Aspen, CO 5-7975
REPRESENTATIVE: Don Huff
Representative Address/Phone: 117 AABC
Aspen, CO 81611 0-4539
PAID: YES NO AMOUNT: $113 Due NO. OF COPIES RECEIVED: 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
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
'City Attorney Mtn. Bell School District
V- City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshal State Hwy Dept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other
Aspen Con.S.D. Energy Center
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DATE REFERRED: ✓/ / lG 1(`
INITIALS:
FINAL ROUTING: DATE ROUT, : . . L ' L INITIAL:
City Atty City Enginee )(' tZo in• Env. Health
Housing Other: __
FILE STATUS AND LOCATION:
CLOSING MEMO TO FILE
PATTERSON INSUBSTANTIAL PUD
Date: June 28, 1990
From: Kim Johnson, Planner
On June 28, 1990, Planning Director Amy Margerum approved this
proposal under Section 7-908 C. of the Land Use Code (revision
date August 1989. ) There was no PUD plan in existence for this
duplex development prior to this action. The proposal includes a
924 s. f. expansion to one half of the duplex. With this approval
and subsequent filing of a PUD Designation, site plan and
building elevations, a Final PUD Plan will be in effect. The
conditions of approval are:
1. A Notice of PUD Designation, site plan and building
elevations shall be filed with the Pitkin County Clerk and
Recorder within 180 days of approval.
2 . The filed PUD Designation and Final Plan shall include a
statement that the owner agrees to join any future improvement
districts for the purpose of constructing improvements in the
public right-of-way. Language of the agreement shall be in a
form acceptable by the City Attorney's office.
3 . Any revisions to the recorded development plan shall be
processed through the Planning Office.
jtkvj/patterson.close
MEMORANDUM
TO: Bill Drueding
FROM: Kim Johnson, Planning Office
RE: Patterson PUD Insubstantial Amendment - Creating a
Final Development Plan
DATE: June 25, 1990
Summary: Planning Staff recommends approval for the Patterson
expansion of a duplex and the establishment of a Final
Development Plan for 580 Cemetery Lane.
Location: Lot 2, Castle Creek Subdivision
Background: The Patterson lot is zoned R-30, within a PUD
overlay. Existing on-site is a duplex of approximately 1,782
s. f. One unit is 3 bedrooms within 1, 482 s. f. The other unit is
a studio apartment of 300 s. f. There is no Final Development
Plan adopted for this site. The proposal calls for expansion of
the smaller unit. See Attachment "A" .
Proposal: Approximately 924 s. f. of addition is proposed and
will bring the total floor area to roughly 2 , 382 s. f. Included
in the expansion is a dining area and single car garage. A
master bedroom and bath will replace the studio sleeping
arrangement.
The lot area is 61, 000 s. f. with an allowable FAR for a duplex
of 7, 350 s. f. Although the lot borders Castle Creek, a Stream
Margin Review is not required because the area of construction is
not within 100 ' of the high water mark or the 100 year flood
plain.
Referral Comments:
Engineering: Having reviewed the above referenced application,
the Engineering department has the following comments:
1. The parking spaces are not identified and itemized, but there
is sufficient space on site for the parking needs.
2 . Storm water runoff was not addressed in the application.
Compliance with Section 24-7-1004C.4. f is required. Since there
is some element of grandfathered conditions at this site, it is
suggested that the existing conditions be exempted from storm
water considerations. However any increases in storm water
runoff which would result from the proposed development must
comply with Section 24-7-1004C.4. f. This would apply if any
drainage water drains off of the property site. If all drainage
is contained on site, the requirement is met.
3 . It appears that this land use application might better be
titled Patterson Insubstantial PUD. It is my understanding that
there is no PUD approval which this application can amend. If
the applicant is being exempted by insubstantiality from full PUD
review, it might not be inappropriate to exempt the applicant
from platting requirements and provide documentation of approvals
via a recorded agreement. If the existing house were demolished
and a new house constructed, it might be appropriate to require
the full PUD process.
4 . If an insubstantial PUD agreement is executed, it should
contain the statement that the applicant shall agree to join any
future improvement districts 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.
(Attachment "B")
Staff Comments:
Planning Director Amy Margerum and Staff discussed how proposals
such as this fall within the bounds of Section 7-908 C. of the
Land Use Regulations: Absence of approved Final Development Plan.
This section reads: "In the absence of an approved Final
Development Plan for a site designated Planned Unit Development
(PUD) , an accurate improvements survey of existing conditions may
be substituted to permit evaluation of whether the proposal is an
insubstantial or other amendment. "
The Staff feels that the revised proposal is consistent with the
residential character of the site and the neighborhood based on
site inspection. An objective of the Planning Office is to
insure the character of the PUD area and provide consistency of
process. A memo has recently been added to the Planning Policy
Notebook reflecting this approval policy. A Director's approval
of the current proposal and recordation of the plan and Notice of
PUD Designation with the County Clerk will establish a Final
Development Plan and will be the basis for evaluating future
proposals.
Recommendation:
Staff recommends Planning Director approval of the Patterson
Development Plan with the following conditions:
1. A Notice of PUD Designation, site plan and building
elevations shall be filed with the Pitkin County Clerk and
Recorder within 180 days of approval.
2 . The filed PUD Designation and Final Plan shall include a
statement that the owner agrees to join any future improvement
districts for the purpose of constructing improvements in the
2
public right-of-way. Language of the agreement shall be in a
form acceptable by the City Attorney's office.
3 . Any revisions to the recorded development plan shall be
processed through the Planning Office.
I hereby approve with conditions the PUD Final Development
Plan for the Patterson Duplex Expansion.Alr (771A .z.._Agerum, anning_Dilector e
Attachment "A" - site plan
"B" - Engineering Referral
jtkvj/patterson.dirmem
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C E M E T E R Y
_achment "B"
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer ( `�
Date: June 27, 1990
Re: Patterson Insubstantial PUD Amendment
Having reviewed the above referenced application, the engineering
department has the following comments:
1. The parking spaces are not identified and itemized, but there
is sufficient space on site for the parking needs.
2 . Storm water runoff was not addressed in the application.
Compliance with Section 24-7-1004C.4 . f is required. Since there
is some element of grandfathered conditions at this site, it is
suggested that the existing conditions be exempted from storm
water considerations. However any increases in storm water
runoff which would result from the proposed development must
comply with Section 24-7-1004C.4. f. This would apply if any
drainage water drains off of the property site. If all drainage
is contained on site, the requirement is met.
3 . It appears that this land use application might better be
titled Patterson Insubstantial PUD. It is my understanding that
there is no PUD approval which this application can amend. If
the applicant is being exempted by insubstantiality from full PUD
review, it might not be inappropriate to exempt the applicant
from platting requirements and provide documentation of approvals
via a recorded agreement. If the existing house were demolished
and a new house constructed, it might be appropriate to require
the full PUD process.
4 . If an insubstantial PUD agreement is executed, it should
contain the statement that the applicant shall agree to join any
future improvement districts 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/cr/;`memo_90. 11l\
MEMORANDUM
TO: City Engineer
FROM: Kim Johnson, Planning Office
RE: Patterson Insubstantial Amendment to an Approved PUD
DATE: June 21, 1990
Attached for your review and comments is an application from Mark
Patterson requesting approval for an Insubstantial Amendment to
an Approved PUD in order to remodel and expand and existing
residence.
Please return your comments as soon as possible because this is a
Planning Director sign-off. Thank you.
don huff & associates
architects • planners
June 7, 1990
Kim Johnson
Planner
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
Dear Kim,
As per our conversation today, submitted is a written statement describing
the proposed remodel of the Patterson Residence, located at 580 Cemetery Lane
City of Aspen. This response is a submission requirement for an Insubstantial
Amendment, Attachment 3, Item # 1.
It is the intention of the owner to remodel and enlarge the existing studio
apartment, located at the western most portion of the structure. This addition
will include a ground level addition of 2' to the south, and 8' to the west, also
included is a 6'2" x 9'2" dining area on the west side. Also proposed is a new
(1) car garage located to the north. The finished floor height @ the garage will
be 2' below finish floor of the existing apt. and house. (refer to site plan,
sheet A,1)
It is also planned for the addition of a master suite, located on top of
the new garage. This area will contain a master bedroom, bath and closet areas.
The total sq. footage of the remodeled Living Unit # 2 shall be 1,224 s.f. (refer
to floor plans, sheet A. 2 & A3)
Architectually this addition matches the style established by the existing
structure. (refer to elevations, sheet A-6) .
This proposed remodel fits well into the neighborhood, and is consistent,
both, withcurrent zoning regulations and with the Aspen/Pitkin Regional Com-
prehensive Plan.
If I can be of further assistance please call, (920-4539)
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Sincerely, 70 7
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POLICY OF TITLE INSURANCE ISSUED BY
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
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A %1;. THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY (t' `0
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4'11) Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' N1- ,,,�
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reason of:
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1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
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2. Any defect in or lien or encumbrance on such title;
1:(V: 3. Lack of a right of access to and from the land;or ��.� ��
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
(f' 1) duly authorized officers as of Date of Policy shown in Schedule A.
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CD EXCLUSIONS FROM COVERAGE �l' .3
( , The following matters are expressly excluded from the coverage of this policy: (P` 1)1
i',4, 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
$.. prohibiting the occupancy,use or enioyniPnt of the land,or regulating the character,dimensions or location of any improvement now or f A ,
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w >I hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect (1 o•)
�a�4, of any violation of any such law,ordinance or governmental regulation. r a4e
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2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public o�m,
t al) records at Date of Policy. , .•
('¢,,' 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed or agreed to by the insured claimant, (b) not "y',;))-
r '1) known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date �'A
a such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company (aY'.f
prior to the date such insured claimant became an insured hereunder, lc) resulting in no loss or damage to the insured claimant; Id)
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', ; attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured re ;,
claimant had paid value for the estate or interest insured by this policy.
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CONDITIONS AND STIPULATION:
1. DEFINITION OF TERMS or interest as insured, and which might cause loss or damage
The following terms when used in this policy mean: for which the Company may be liable by virtue of this
la) "insured the insured named in Schedule A, and, policy or, (iii) if title to the estate or interest, as insured, is
rejected as uninarketable. If such prompt notice shall not
subject to any rights or defenses the Company may have be given to the Company, then as to such insured all
against the named insured, those who succeed to the liability of the Company shall cease and terminate in regard
interest of such insured by operation of law as distinguished to the matter or matters for which such prompt notice is
from purchase including, but not limited to, heirs, dis- required; provided, however, that failure to notify shall in
tributees, devisees, survivors, personal representatives, next no case prejudice the rights of any such insured under this
of kin, or corporate or fiduciary successors. policy unless the Company shall be prejudiced by such
(b) "insured claimant": an insured claiming loss or failure and then only to the extent of such prejudice.
damage hereunder. (c) The Company shall have the right at its own cost tc
(c) "knowledge": actual knowledge, not constructive institute and without undue delay prosecute any action or
knowledge or notice which may be imputed to an insured proceeding or to do any other act which in its opinion may
by reason of any public records. be necessary or desirable to establish the title to the estate
(d) "land": the land described, specifically or by or interest as insured, and the Company may take any
reference in Schedule A, and improvements affixed thereto appropriate action under the terms of this policy, whether
which by law constitute reel property, provided, however, or not it shall he liable thereunder, and shall not thereby
the term "land" does not include any proper ry beyond the concede liability or waive any provision of this policy.
lines of the area specifically described or referred to in (d) Whenever the Company shall have brought any
Schedule A, nor any right, title, interest, estate or easement action or interposed a defense as required or permitted by
in abutting streets, roads, avenues, alleys, lanes, ways or the provisions of this policy, the Company may pursue any
waterways, but nothing herein shall modify or limit the such litigation to final determination by a court of
extent to which a right of access to and from the land is competent jurisdiction and expressly reserves the right, in
insured by this policy. its sole discretion, to appeal from any adverse judgment or
(e) "mortgage": mortgage, deed of trust, trust deed, or order.
other security instrument. (e) In all cases where this policy permits or requires
(f) "public records": those records which by law the Company to prosecute or provide for the defense of
impart constructive notice of matters relating to said land. any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
2. CONTINUATION OF INSURANCE AFTER CON- defense in such action or proceeding, and all appeals
VEYANCE OF TITLE therein, and permit the Company to use, at its option, the
The coverage of this policy shall continue in force as of name of such insured for such purpose. Whenever requested
Date of Policy in favor of an insured so lung such insercc) by the Company, such insured shall give the Company all
retains an estate or interest in the land, or holds an reasonable aid in any such action or proceeding, in effecting
indebtedness secured by a purchase money mortgage given settlement, securing evidence, obtaining witnesses, or pros-
by a purchaser from such insured, or so long as such insured ecuting or defending such action or proceeding, and the
shall have liability by reason of covenants of warranty made Company shall reimburse such insured for any expense so
by such insured in any transfer or conveyance of such incurred,
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such 4. NOTICE OF LOSS — LIMITATION OF ACTION
insured of either said estate or interest or the indebtedness In addition to the notices required under paragraph
secured by a purchase money mortgage given to such 3(b) of these Conditions and Stipulations, a statement in
insured. writing of any loss or damage for which it is claimed the
3. DEFENSE AND PROSECUTION OF ACTIONS — Company is liable under this policy shall be furnished to
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED the Company within 90 days after such loss or damage shall
CLAIMANT have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
(a) The Company, at its own cost ,nnd cilthout undue have been furnished. Failure to furnish such statement of
delay, shall provide for the defense of an insured in all loss or damage shall terminate any liability of the Company
litigation consisting of actions or proceedings commenced under this policy as to such loss or damage.
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its 5. OPTIONS TO PAY OR OTHERWISE SETTLE •
estate or interest in said land, to the extent that such CLAIMS
litigation is founded upon an alleged defect, lien,
The Comp.-my shall have the option to pay or otherwise
encumbrance, or other matter insured against by this
settle for or in the rranie of an insured claimant any claim
policy. insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' tees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
of title or interest which is adverse to the title to the estate claimant and authorized by the Company.
(continued and concluded on last page of this policy)
•
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS if the amount of insurance under this policy was divided
(a) The liability of the Company under this policy pro rata as to the value on Date of Policy of each separate
shall in no case exceed the least of: parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
(i) the actual loss of the insured claimant; or otherwise been agreed upon as to each such parcel by the
(ii) the amount of insurance stated in Schedule A. Company and the insured at the time of the issuance of this
(b) The Company will pay, in addition to any loss policy and shown by an express statement herein or by an
insured against by this policy, all costs imposed upon an endorsement attached hereto.
insured in litigation carried on by the Company for such 11. SUBROGATION UPON PAYMENT OR SETTLE-
insured, and all costs, attorneys' fees and expenses in MENT
litigation carried on by such insured with the written Whenever the Company shall have settled a claim under
authorization of the Company. this policy, all right of subrogation shall vest in the
(c) When liability has been definitely fixed in accord Company unaffected by any act of the insured claimant.
ante with the conditions of this policy, the loss or damage The Company shall be subrogated to and be entitled to all
shall be payable within 30 days thereafter. rights and remedies which such insured claimant would
7. LIMITATION OF LIABILITY have had against any person or property in respect to such
No claim shall arise or he maintainable under this claim had this policy not been issued, and if requested by
policy (a) if the Company, after having received notice of the Company, such insured claimant shall transfer to the
an alleged defect, lien or encumbrance insured against Company all rights and remedies against any person or
hereunder, by litigation or otherwise, removes such defect, property necessary in order to perfect such right of
lien or encumbrance or establishes the title, as insured, `'abrogation and shall permit the Company to use the name
within a reasonable time after receipt of such notice; (b) in of such insured claimant in any transaction or litigation
the event of litigation until there has been a final involving such rights or remedies. If the payment does not
determination by a court of competent jurisdiction, and cover the loss of such insured claimant, the Company shall
disposition of all appeals therefrom, adverse to the title, as he subrogated to such rights and remedies in the proportion
insured, as provided in paragraph 3 hereof; or (c) for which said payment bears to the amount of said loss. If loss
liability voluntarily assumed by an insured in settling any should result from any act of such insured claimant, such
claim or suit without prior written consent of the Corn- act shall not void this policy, but the Company, in that
event, shall he required to pay only that part of any losses
pang. insured against hereunder which shall exceed the amount, if
8. REDUCTION OF LIABILITY any, lost to the Company by reason of the impairment of
All payments under this policy, except payments made the right of subrogation.
for costs, attorneys' fees and expenses, shall reduce the 12. LIABILITY LIMITED TO THIS POLICY
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of This instrument together with all endorsements and
such payment unless the policy be lost or destroyed, in other instruments, if any, attached hereto by the Company
which case proof of such loss or destruction shall be is the entire policy and contract between the insured and
furnished to the satisfaction of the Company. the Company.
9. LIABILITY NONCUMULATIVE Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
It is expressly understood that the amount of insurance the estate or interest covered hereby or any action asserting
under this policy shall he reduced by any amount the such claim, shall be restricted to the provisions and
Company may pay under any policy insuring either (a) a conditions and stipulations of this policy.
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or No amendment of or endorsement to this policy can be
(b) a mortgage hereafter executed by an insured which is a made except by writing endorsed hereon or attached hereto
charge or lien on the estate or interest described or referred signed by either the President, a Vice President, the
to in Schedule A, and the amount so paid shall be deemed a Secretary, an Assistant Secretary, or validating officer or
payment under this policy, The Company shall have the authorized signatory of the Company.
option to apply to the payment of any such mortgages any 13. NOTICES, WHERE SENT
amount that otherwise would he payable hereunder to the All notices required to be given the Company and any
insured owner of the estate or interest covered by this statement in writing required to be furnished the Company
policy and the amount so paid shall be deemed a payment shall be addressed to it at its main office, P. O. Box 2029,
under this policy to said insured owner. Houston, Texas 77001.
10. APPORTIONMENT 14. The premium specified in Schedule A is the entire
If the land described in Schedule A consists of two or charge for acceptance of risk. It includes charges for
more parcels which are not used as a single site, and a loss is title search and examination if same is customary or
established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is
the loss shall be computed and settled on a pro rata basis as issued.
Valid Only If Schedules A and B are Attached. S r,[ E%VA 12 TITLE
GUARANTY COMPANY
ALTA OWNER'S POLICY—Am' 'ed 10/17/70
CCtS/ddw SCHEDULE A
Order No.: 10939 Policy No.: 0 357510
Date of Policy: JUNE 10, 1982 AT 2: 15 PM Amount of Insurance: $ 265,000.00
1. Name of Insured:
SEE EXHIBIT A.
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
LEONARD S. PATTERSON and FLORENCE E. PATTERSON as to an undivided 85% interest as
tenants in common; MARK WILLIAM PATTERSON as to an undivided 7 1/2%
interest as tenant in common; and DANIEL EDWARD PATTERSON and SUSAN
RANDALL PATTERSON as to an undivided 7 1/2% interest as tenants in common.
4. The land referred to in this policy is described as follows:
All of Lot 2 in the Castle Creek Subdivision as shown on the plat recorded
in the office of the County Clerk and Recorder for Pitkin County as
Document No. 102142, Ditch Book 2A, at Page 177; subject to Restrictions
of record.
County of Pitkin, State of Colorado
/
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AUTHORIZED COUNTERSIGNATURE
Page2 '4"FE \V'A1UF 'I`I'I`LIE
CODE 0012 GUARANTY COMPANY
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EXHIBIT A
LEONARD S. PATTERSON AND FLORENCE E. PATTERSON as to an undivided 85% interest as
tenants in common; MARK WILLIAM PATTERSON as to an undivided 7 1/2% interest as tenant in
common; and DANIEL EDWARD PATTERSON & SUSAN RANDALL PATTERSON as to an undivided
7 1/2% interest as tenants in common.
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ALTA OWNER'S POLICY—Modified 10/73
SCHEDULE B
ORDER NO. 10939 Policy No.: 0 357510
This policy does not insure against loss,or damage by reason of the following:
1. Rights or claims of parties 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 any facts which a
correct survey and inspection of the premises would disclose and which are not shown 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. Any and all unpaid taxes and assessments.
6. The effect of inclusion in any general or specific water conservancy,
fire protection, soil conservation or other district or inclusion in any
water service or street improvement area.
7. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect subject
property, as reserved in United States patent of record.
8. Any and all water and ditch rights and all agreements regarding the same.
9. Terms, conditions and obligations as set forth in water agreements recorded
in Book 180 at Page 401 , in Book 186 at page 34, and in Book 186 at
Page 465, and in Book 246 at Page 395.
10. Terms, conditions and obligations as set forth in agreement providing
for restrictions for the Castle Creek Subdivision recorded August 22,
1955 in Book 180 at Page 399.
11. Right of way for the uninterrupted flow of Castle Creek River.
12. Deed of Trust dated June 1 , 1974 executed by Martha H. Grewal to the
Public Trustee of Pitkin County, to secure an indebtedness of $64,500.0
in favor of J. C. Gossard and Esther L. Gossard , recorded June 3,
1974 in Book 287 at Page 788.
13. All sums assessed but unpaid , for the share of common expenses chargeable to
said unit.
STEWART TITLE
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
•
(303) 920-5090
Don Huff
117 AABC
Aspen, CO 81611
Re: Mark Patterson Residence
Dear Don,
The Planning Office has received and reviewed the above captioned
application. We are sending a copy of it to the City Engineer
for his comments.
Kim Johnson neglected to discuss the application fee with you.
The Planning Office fee is $113 . 00 and the referral fee for the
City Engineer is $90. 00 for a total of $203 . 00. Please submit a
check in this amount made payable to the City of Aspen.
If you have any questions, please call Kim Johnson.
Sincerely,
Debbie Skehan
Administrative Assistant
jy
ATTACHMENT 1 A37 0
IAND USE APPLICATION FO
t'
1) Project Name Q-t c/1 {2e-,tA n I
2) Project Location raj ) G��,� e,� ( . )
L.„o-± `2 C_�s��� �'�r� (oa t J t S toil
(indicate street address, lot & block number, legal description where
appropri.:::e)
3) Prevent Zoning C pa ;) 4) .lot Size 6,S)3 1 ±
5) Applicant's Name, Address & Phone # /v a ir F-
LIA , Cn , G -7c
6) Representative's Name, Address & Phone # /ep Ill
7) Type of Application (please Bieck all that apply) :
Conditional Use Conceptual SPA Conceptual Historic Dev.
Special Review Final SPA Final Historic Dev-
8040 Online Conceptual POD Minor Historic Dc.�v.
Stream Margin Final PUD Historic Demolition
Mb uitain View Plane Subdivision Historic Designation
Condomi n i i nni Tat ion lxtiMapAmendment _ CAS Allotment
Lot Spilt/art Line Cis
Exemption t
Adjustment
Adjus
8) Description of misting Uses (r rber and type of existing
bedrooms; structures;
approximate sq. ft.; rumber of �Y Pi approvals granted
to the
proParY) -
V5-6 emu?le. • L go t do"k+ I = I' �4F32 s- T W 141')
(t_ex( t r„,,,te L to tv9 (AL1(f = C �) �j�C t to ai par±meArf-
nc rO J 1
9) Description of Development Application
(IA sub -1-cktn ted AMeVak2,v* AffrouaCi PLIED pio
10) Have you attached the following?
x Response to Attachment 2, Minimum Submission omits
Response to Attachment 3, Specific Submission Contents
Response to Attachnent 4, Review Standards for Your Application
STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS FOR
THE PURPOSE OF THE CONDOMINIUMIZATION OF AN EXISTING STRUCTURE
ON LOT 2, CASTLE CREEK SUBDIVISION, CITY AND TOWNSITE OF ASPEN
WHEREAS, MARK PATTERSON and DANIEL PATTERSON (hereinafter
referred to as the "Applicant") , are the owners of a parcel of
real property located in the City of Aspen, Pitkin County,
Colorado, described as Lot 2 , CASTLE CREEK SUBIVISION, City and
Townsite of Aspen; and
WHEREAS, Applicant requested an exemption from the full
subdivision process pursuant to §24-7-1007 of the Municipal Code
of the City of Aspen for condominiumization of an existing
structure at the above-described location; and
WHEREAS, the Aspen City Council determined at its meeting of
July 13 , 1992 , that such exemption was appropriate and granted
the same, subject, however, to certain conditions ; and
WHEREAS , a subdivision exemption agreement shall be required
as set forth in §24-7-1005 of the Municipal Code of the City of
Aspen.
NOW, THEREFORE, MARK PATTERSON and DANIEL PATTERSON and the
CITY OF ASPEN, agree as follows:
1. Prior to the issuance of any building permits, a site
drainage plan (prepared by a registered engineer) which meets the
requirements of §24-7-1004 C. 4 . f. must be submitted to and
approved by the Engineering Department.
2 . Hay bales or other techniques shall be employed during
construction in order to prevent erosion of the hillside, and a
debris fence shall be installed during construction to prevent
damage to existing vegetation outside of the work area.
3 . The Final PUD Plan and condomininium plat shall
indicate a 4 ' x 4 ' utility pedestal easement. No utility
pedestals shall be installed in the public right-of-way.
4 . Prior to signing of the final plat, or prior to final
inspection of the construction, Applicant shall construct an
unobstructed sidewalk area as approved by the City Engineer, and
shall sign a sidewalk, curb and gutter construction agreement.
5 . Prior to the Planning Director signing the final plat
for condominiumization, Applicant shall file a deed restriction
to Resident Occupancy for the new unit, which must be approved by
the Housing Office, and recorded with the Pitkin County Clerk and
Recorder. A copy of the recorded deed restriction must be
- 1 -36029 3c6729 8-741 P-237 02108/94 03:53P PG 1 OF 4 EC DOC
SILVIA DAMS PITKNN COUNTY CLERK & RECORDER 20.00
forwarded to the Planning Office. In lieu of filing a deed
restriction, Applicant shall pay an affordable housing fee to the
City Finance Department, and shall forward a copy of the payment
receipt to the Planning Office.
6 . The Applicant shall provide a deed restriction stating
that the condominium units shall be deed restricted to six (6)
month minimum leases, with no more than two (2) shorter tenancies
per year. The deed restriction shall be in the form and language
contained in Exhibit "A" attached hereto and made a part hereof.
DATED this :3151 day of Sct r c Y , 1994 .
APPLIC• ° ' . /
dti .
MA' ' •"TERS g,
4DA IEL PATTERSON
APPROVED AS TO FORM: CITY OF ASPEN, a Colorado
municipal corporation
,... _;� / lit/z"'r -It c, By `I'�A��
1/`'" , City Attorney John B nnett, Mayor
I , Kathryn S . Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for the
Purpose of the Condominiumization of an Existing Structure on Lot
2 , CASTLE CREEK SUBDIVISION, City and Townsite of Aspen, was
considered and approved by the Aspen City Council at its regular
meeting held on 8 , 1994 , at which time the Mayor, John
Bennett, was authorized to execute the same on behalf of the City
of Aspen.
!!��`'"ors: Kathryn 0. . Koch, City Clerk
ST4 _UFni O'LORADO )
. ) ss.
MU 'TA}.FI'TKIN )
, A1f�klcirec oing instrument was acknowledged before me this - 13-1—day, o crt&o '! , 1994 , by MARK PATTERSON and DANIEL PATTERSON.
rip.. r`
WITNESS my hand and offici l seal .
My commission expires:1131 q� /
• � I
Notary Public
(NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 3)
- 2 -
366729 B-741 P-238 02/08/94 03:53P PG 2 OF 4
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this Y
day of 1994 , by John Bennett, as Mayor, and Kathryn S.
Koch, as City Cl rk, on behalf of the CITY OF ASPEN, a Colorado
municipal corporation.
WITNESS my hand and official seal . .,-4\11 40�
My commission expires: My Commission expires 9/27/96 ; �
•
''-71/e'e 2 ) `
N ary Publ i « y
366729 B-741 P-239 02/08/94 03:.3P P6 3 OF 4
C:A,CLIENTS\PATTERSO\SUBE2:EMP.AGR
- 3 -
EXHIBIT "A"
Leases on each
Condominium Unit shall be restricted to terms of not less
than six (6) months; provided, however, that each Condominium
Unit may be leased for terms of less than six (6) months not
more than two (2) times per year, as required by the City of
Aspen.
366729 B-741 P-240 02/08/94 03:53P PG 4 OF 4
366538 6-740 r-?93 02/04/94 09:21A P6 1 OF 2 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 10.00
SIDEWALK, CURB & GUTTER AND IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND P A-T'T . --Sc) J C0 ki Q 6 i'y►t N n U 121
WHEREAS, DIN.NIEC, E- - M14ieK. W • pit -J'a-tg.,25a r�
are owners of the real property located at (street address and legal description of
•
property) 580 ( ? r1 G4iv /9-5c r° cd g/601
) eAsTLe C.ek St/BDwisito4 Aspen, Colorado, (hereinafter "Owners"); and
WHEREAS, owner has recently completed new construction and desire to obtain.
a certificate of occupancy; and
WHEREAS, owner's property is within a zone district or other area as designated
on the City of Aspen adopted sidewalk, curb and gutter plan requiring construction of
curb, gutter and sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof,
an agreement for future construction pursuant to Section 19-100 of the Municipal Code;
and
WHEREAS, at this time, the City Engineer deems the construction of curb, gutter
and sidewalk on public right-of-way adjacent to owner's property within three (3) years
unfeasible due to existing improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb, gutter and sidewalk along The frontage of
owner's property (approximately 14-6 feet) at such time as the City of Aspen
deems construction necessary and feasible. It is acknowledged by all parties that the
present requirement is for two (2) foot gutter, six (6) inch vertical curb, and five (5) foot
wide concrete sidewalk.
366538 8-740 P-794 02/04/94 09:21A PG 2 OF 2
-2-
2. In the alternative, at the City's option, the City may construct the above
improvements and owner shall reimburse the City for all costs of such construction.
Reimbursement shall be made to the City within ninety (90) days after receipt of invoice.
3. This agreement shall be binding and shall insure to the benefit of the heirs,
a
assigns, and successors in title of the parties hereto.
Entered into this ic r '"'day of c/65 - , 19 94.
///A •
State of Colorado) t
)
County of Pitkin )
The foregoing instrument was acknowledged befo - me this �""'"` day of f ,
19C1 by ///,
4
c „'L N, %Witness my hand and official seal. My commission expires:
/-\''4 r" ...i YI f�G,2�/
-� _ My Commission expires
v h gay, :. Notary Public 12/23/1997
�� .......p . Address: /% 6 i &(Jiro t �0I''
/.. 47V J ,... `// //
...'.rrrrrnHr���..� ,/1,41 2 C u /6 ` (
CITY OF ASPEN, COLORADO, A Municipal Corporation
By: (Mayor) (Date)
Attest: (City Clerk) KM92165
d ,/ )
CONDOMINIUM DECLARATION
OF
PATTERSON CONDOMINIUM
Name of Common Interest Community: PATTERSON CONDOMINIUM
Name of the Association: PATTERSON CONDOMINIUM
ASSOCIATION, INC.
Persons Executing this Declaration: MARK PATTERSON and
DANIEL PATTERSON
Legal Description of Property: LOT 2 , CASTLE CREEK
SUBDIVISION, CITY AND
TOWNSITE OF ASPEN,
COUNTY OF PITKIN
CONDOMINIUM DECLARATION
OF
PATTERSON CONDOMINIUM
THIS DECLARATION is made as of January 31 , 1994 , by MARK
PATTERSON and DANIEL PATTERSON (collectively the "Declarant") .
RECITALS:
A. Declarant is the owner of the following described real
estate in the City of Aspen, County of Pitkin, State of Colorado
(herein, the "Real Estate" or "Common Interest Community" ) : Lot
2 , CASTLE CREEK SUBDIVISION, City and Townsite of Aspen.
B. Declarant wishes to create a Condominium Common Interest
Community in which portions of the Real Estate are designated for
separate ownership, and the remainder of which is designated for
common ownership solely by the owners of the separate ownership
portions.
THEREFORE, Declarant states as follows:
ARTICLE I
SUBMISSION; DEFINED TERMS
1. 1 Submission of Real Estate. Declarant hereby
declares that all of the Real Estate is hereby made subject to
the following easements, restrictions, covenants and conditions
which shall run with the Real Estate and be binding on all
parties having any right, title or interest in the Real Estate or
any part thereof, their heirs, legal representatives , successors
and assigns, and shall inure to the benefit of each owner
thereof. Declarant hereby submits the Real Estate to the
provisions of the Colorado Common Interest Ownership Act, C.R. S .
38-33 . 3-101, et seq. , as amended from time to time (the "Act") .
In the event the Act is repealed, the Act as existing immediately
prior to its repeal shall remain applicable.
1. 2 Defined Terms. Each capitalized term not other-
wise defined in this Declaration or on the Plat of the Patterson
Condominium of record (the "Plat") and used herein or on the Plat
shall have the meanings specified or used in the Act.
ARTICLE 2
NAMES
2 . 1 Names .
(a) Common Interest Community. The name of the Common
Interest Community is the Patterson Condominium.
- 1 -
(b) Association. The name of the Association is the
Patterson Condominium Association, Inc. , a non-profit
corporation.
ARTICLE 3
THE ASSOCIATION
3 . 1 Authority. The business affairs of the
Condominium shall be managed by the Association.
3 .2 Powers. The Association shall have all of the
powers, authority, duties, rights and benefits permitted to a
non-profit corporation pursuant to the Act, and the Non-Profit
Corporation Act of the State of Colorado. Except as otherwise
provided in this Declaration, when approval of the members of the
Association is required, the Association may only act upon the
unanimous consent of its Unit I Member Group and its Unit 2
Member Group, and neither Member Group acting alone shall have
the power to act for or bind the Association.
3 . 3 Member Groups. The Association shall have two (2)
member groups, the Unit I Member Group which is attached to Unit
I and the Unit 2 Member Group which is attached to Unit 2 .
Membership in the Association shall be automatic on the part of
any individual (s) or entity (ies) acquiring an ownership interest
in a Unit and shall automatically cease when such individual (s)
or entity(ies) no longer have an ownership interest therein.
3 . 4 Executive Board. Except as otherwise provided in
this Declaration or as required by the Act, the Association shall
act through its Executive Board. The Executive Board will
consist of three (3) directors. The Unit 1 Member Group and the
Unit 2 Member Group shall each appoint one director. The
appointed directors shall thereupon appoint the third director.
3 . 5 Notice to Owners. Any notice to an Owner of
matters affecting the Patterson Condominium by the Association or
by another Owner shall be sufficiently given if such notice is in
writing and is delivered personally, by courier or private
service delivery or the third business day after deposit in the
mails regular first-class postage prepaid, at the address of
record for real property tax assessment notices with respect to
that Owner ' s Unit.
ARTICLE 4
UNITS
4 . 1 Number of Units. The number of Units in the Common
Interest Community is two (2) .
4 . 2 Identification of Units. The identification number
of each Unit is shown on the Plat.
- 2 -
4 . 3 Unit Boundaries. The boundaries of each Unit are
located as shown on the Plat.
4 . 4 Affordable Dwelling Unit. There is an Affordable
Dwelling Unit in Unit One which shall always be deemed part of and
included in Unit One. The Owner of Unit One shall have complete
control and responsibility for the Affordable Dwelling Unit,
subject to any and all restrictions or limitations imposed by any
ordinance and/or agreement with the City of Aspen or its Housing
Authority governing the use and occupancy of this Affordable
Dwelling Unit.
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS
5. 1 Common Expenses. The only Common Expenses of the
Association are for (a) Maintenance, as defined in Section 6 . 1
below, and (b) Insurance, as defined in Section 6 . 2 below.
5.2 Creation of Association Lien and Personal
Obligation to Pay Common Expense Assessments. Each Owner, by
acceptance of a deed to its Unit, shall be deemed to covenant and
agree to pay to the Association annual Common Expense
assessments. Such assessments shall also include late charges,
attorney fees and costs of collection charged by the Association.
All Common Expense assessments shall be the personal obligation
of the Owner at the time when the assessment becomes due. No
Unit Owner shall convey its Unit unless and until all sums due
the Association and not assumed by the transferee are currently
•
paid. The Common Expense assessments shall be a continuing lien
upon the Unit against which each such assessment is made and is
subject to the Association 's right to foreclose as provided by
the Act. Acceleration of any installment of the annual Common
Expense assessment shall be in the Association ' s sole discretion
on a case by case basis .
5. 3 Apportionment of Common Expenses. Common Expenses
shall be assessed against the Units as set forth on Exhibit "1"
attached hereto.
5 . 4 Annual Assessment/Commencement of Common Expense
Assessments. The Common Expense Assessments shall be based upon
the Association ' s advance budget of the cash requirements needed
by it to provide Insurance and Maintenance during such assessment
year.
5 . 5 Special Assessments. A special assessment is any
assessment that is not levied pursuant to an approved budget.
The Association may levy one or more special assessments only to
provide, with respect to the General Common Elements, for
liability claims or for repair or replacement, to the extent not
covered by Insurance, or to provide for extraordinary
- 3 -
Maintenance, if the Executive Board so determines . No special
assessment or capital improvement to the Real Estate in excess of
$10, 000. 00 shall be approved without unanimous consent of all
Unit Owners.
5. 6 Effect of Non-Payment of Assessments. Any
assessment provided for in this Declaration, or any installment
thereof, which is not fully paid within fifteen ( 15) days after
the due date thereof shall bear interest at the rate of twenty-
one percent (21 %) per annum. Further, following ten (10) days '
notice in writing given to the Owner, the Association may bring
an action at law or in equity, or both, against any Owner
personally obligated to pay such overdue assessment, or
installments thereof, may accelerate the due date for payments of
all installments remaining for the budget year, and may also
proceed to foreclose its lien against such Owner ' s Unit, provided
that the Owner shall have the right, until the date of sale in
the foreclosure proceeding, to cure the delinquency upon payment
to the Association of the amount due, including interest and
costs. An action at law or in equity by the Association against
an Owner to recover a money judgment for unpaid assessments or
installments thereof, may be commenced and pursued by the
Association without foreclosing, or in any way waiving, the
Association ' s lien therefor. For the purposes of collecting upon
an unpaid assessment the provisions of Article 3 above need not
apply and the non-delinquent Owner, acting alone, shall have the
right in the name of the Association and on its behalf or, as may
be necessary, in the name of such non-delinquent owner, to do and
pursue all things that the Association is authorized to do under
this Declaration in the case of a delinquent assessment, and
reference is made to the provisions of Section 10 . 3 , below.
ARTICLE 6
MAINTENANCE AND INSURANCE
6. 1 Maintenance.
(a) Association' s Responsibility. The Association
shall be responsible for the maintenance and repair ( including
removal of snow and trash, maintenance and repair of driveways
and easements, and the General Common Elements as identified on
the Plat) of all those portions of the Common Interest Community
whose maintenance and repair has not been assigned to the Owners
by the remaining provisions of this Section 6 . 1 .
(b) Owner' s Responsibility. For purposes of
maintenance, repair, alteration and remodeling, an Owner shall be
deemed to own, and shall have the right and the obligation to
maintain, repair, alter and remodel the interior non-supporting
walls and the materials making up the finished surfaces of the
perimeter walls , ceilings and floors within the Unit, as well as
the doors and windows of the Unit, any and all new additions to a
- 4 -
Unit hereafter made by the Owner thereof, including any new fence
or other structure enclosing a patio, balcony, yard or deck area,
and the Limited Common Elements reserved for the exclusive use of
the Owner of the Unit. Notwithstanding the foregoing, without
the prior written consent of all Owners, no Owner shall : (a) make
any changes or alterations of any type or kind to the exterior
surfaces of any doors or windows to that Owner' s Unit or to any
General Common Element (including, but not limited to the
exterior portions of that Owner' s Unit) ; (b) enclose a patio,
balcony, yard or deck area ; (c) modify or alter the appearance or
color scheme of the exterior improvements as they may exist from
time to time by agreement of the Owners; or, (d) modify or alter
any landscaping now or hereafter installed within the Common
Interest Community. An owner shall not be deemed to own lines,
pipes, wires, conduits or other systems (collectively herein
"Utilities") running through such Owner' s Unit, but which serve
both Units, except in common with all Owners . Each Owner shall ,
at such Owner ' s sole cost and expense:
( 1) keep and maintain in good order and repair
the equipment and those Utilities located in such Owner' s Unit,
which serve that Unit exclusively;
(2) replace any finishing or other materials
removed with materials of similar type, kind and quality;
(3) maintain in a clean, safe and attractive
condition and in good repair the interior of such Owner ' s Unit,
including the fixtures, doors and windows thereof, the
improvements affixed thereto, and that portion of the roof
serving such Unit ;
(4) maintain in a neat and clean condition, free
and clear of snow, ice and water accumulation all the decks,
yard, porches, roof, balconies or patio areas, which have
elsewhere in this Declaration been reserved to and for the
exclusive use of such Owner, including the Limited Common
Elements that have been so reserved.
6.2 Insurance.
(a) Association' s Insurance. The Association shall
maintain property insurance on the General Common Elements for
not less than the full insurable replacement cost thereof and
commercial general liability insurance in such minimum amounts as
the Executive Board may establish from time to time, as provided
by C.R.S . § 38-33 . 3-313 of the Act, the provisions of which are
incorporated herein by this reference. Each such insurance
policy shall be written with an insurance company licensed to do
the business of insurance in the State of Colorado and shall have
- 5 -
a rating of "A" or better as shown in the published rating of AM
Best Company.
(b) Owners' Insurance. Each Owner shall maintain such
property and liability insurance with respect to its Unit as such
Owner may establish from time to time. Each Owner shall use its
best efforts to cause each insurance policy obtained by it to
provide that the insurance company waives all right of recovery
by way of subrogation against other Owners and the Association in
connection with any damage covered by any policy.
(c) Waivers. Subject to obtaining the waiver of
subrogation endorsement required by the Act, the Owners release
each other and the Association, and their respective authorized
representatives, from any claims for damage to any person or to
the Units that are caused by or result from risks insured against
under any insurance policies carried by the Owners or the
Association and in force at the time of any such damage.
(d) Obligation to Repair or Replace. In the event of
a casualty with respect to the General Common Elements, the
Association shall repair or replace the improvements as necessary
to restore them to their condition before the casualty event. As
provided by the Act, the proceeds of the insurance carried by the
Association shall be used for such purpose and the Association
shall be the trustee to receive the insurance awards and cause
the repair or replacement to be accomplished. If the cost of
repair or replacement exceeds the amount of insurance proceeds,
the amount necessary to effect such restoration as determined by
the Executive Board shall be a Common Expense assessed against
the Owners as set forth in Section 5. 3 above; provided, however,
that the Executive Board shall reallocate such assessment between
the Unit I and Unit 2 Member Groups to the extent that the
restoration benefits do not benefit both Units substantially
proportionately to their allocated interests. Notwithstanding
the foregoing, if the casualty was caused by the misconduct of an
Owner, the amount needed to effect the restoration after use of
the Association ' s and such Owner' s insurance proceeds shall be
assessed exclusively against such Owner ' s Unit .
6. 4 Restoration Upon Condemnation.
(a) Total Taking. In the event of a taking of the
total Real Estate by eminent domain, each Owner shall be entitled
to receive the award of such taking for that Owner' s Unit, after
all mortgages and liens on the Unit have been satisfied or
otherwise discharged. After acceptance of the award of the
taking by the Owners and their mortgagees and lienholders, the
Owners, their mortgagees and lienholders shall be divested of all
interest in the Units and the Owners shall vacate the Units as a
result of such taking.
- 6 -
(b) Partial Taking. In the event of a partial taking
of the Real Estate by eminent domain, the Owner of any affected
Unit or its mortgagees or lienholders, as applicable, shall be
entitled to receive the award of such taking, and after
acceptance of the award of the taking by the Owner and its
mortgagees and lienholders, the Owner, its mortgagee and
lienholders shall be divested of all interest in the Unit or
portion of the Unit, as applicable, and such Owner shall vacate
the Unit or said portion thereof as a result of such taking. The
remaining portion of the Unit shall be resurveyed and, if
necessary, the Declaration shall be amended to reflect such
taking. If the taking includes all or a portion of the General
Common Elements then, unless the Owners decide not to rebuild,
the remaining General Common Elements shall be restored by the
Association using the condemnation proceeds. If the cost of
restoration exceeds the amount of condemnation proceeds, the
amount necessary to effect such restoration as determined by the
Executive Board shall be a Common Expense assessed against the
Owners as set forth in Section 5 . 3 above; provided, however, that
the Executive Board shall reallocate such assessment between the
Unit I and Unit 2 Member Groups to the extent that the
restoration benefits do not benefit both Units substantially
proportionately to their allocated interests.
ARTICLE 7
RESTRICTIONS ON USE
7 . 1 Nuisances and Negligence; Environmental
Conditions. There shall be no noxious or offensive activities
carried on, in or upon any Unit or Common Element, and no loud
noises or noxious odors shall be permitted anywhere in the
Common Interest Community. Nothing shall be done in the Common
Interest Community which may be or become an unreasonable
annoyance or a nuisance to any other Owner or any occupant of any
Unit. The Executive Board shall have the right to determine if
any activity, noise or odor constitutes a nuisance or annoyance;
provided, however, that nothing shall prevent any Owner from
enforcing the provisions of this Article by bringing suit or
otherwise. No Owner or occupant of any Unit shall permit or
cause anything to be done or kept on the Condominium which will
increase the rate of Insurance or which will result in the
cancellation of such Insurance. Each Owner shall be accountable
to the Association and the other owner for the uses and behavior
of its tenants or guests.
7 .2 Structural Integrity. Nothing shall be done to
any Unit or the Common Elements that will impair the structural
integrity of any improvements on the other Unit or the Common
Elements unless prior written unanimous authorization is obtained
from the Executive Board or from the other Owner, as appropriate.
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7 .3 Restriction Upon Occupancy. Each Condominium Unit
shall be used and occupied solely for, except as the Owners might
otherwise agree, residential purposes only, and except as
provided in this section, no trade or business of any kind may be
carried on therein. Lease or rental of a Condominium Unit for
lodging or residential purposes shall not be considered to be a
violation of this covenant. In no event shall more than ten (10)
people be in occupancy in either Unit at any one time.
7 . 4 No Unsightliness. No unsightliness or waste shall
be permitted on or in any part of the Common Interest Community.
Without limiting the generality of the foregoing, no Owner shall
keep or store anything on or in any of the General Common
Elements. No Owner shall have, erect, affix or place anything on
any of the General Common Elements (except for decorative items
within the Owner ' s Unit) , and nothing, shall be placed on or in
windows or doors of Units which would or might create an
unsightly appearance. All trash shall be collected in areas
designated by the Association. No wiring, television antennae,
or other items may be installed which protrude through windows,
walls or roof areas, except as expressly authorized by the
Association or this Declaration.
7 . 5 No Violation of Rules. No Owner and no Owner' s
tenants, guests or invitees shall violate the rules and
regulations adopted from time to time by the Association, whether
relating to the use of Units, the use of General or Limited
Common Elements, or otherwise.
7 . 6 Owner Caused Damages. If, due to the act or
neglect of an Owner or such Owner ' s tenants, guests or invitees,
loss or damage shall be caused to any person or property,
including the Common Interest Community or any Unit thereon, such
Owner shall be liable or responsible for the same, except to the
extent that such damage or loss is covered by insurance obtained
by the Association, and the carrier of the insurance has waived
rights of subrogation against such Owner. The amount of such
loss or damage may be collected by the Association from such
Owner as an assessment against such Owner by legal proceedings or
otherwise, and such amount (including, reasonable attorneys '
fees) shall be secured by a lien on the Condominium Unit of such
owner, as provided hereinabove, for assessments or other charges.
7 .7 Parking of Vehicles. Parking of any and all
vehicles on the Common Interest Community shall be only on the
areas designated for parking, and subject to the rules and
regulations of the Association. The Association shall have no
responsibility for damage done to automobiles parked on the
Common Interest Community.
7 .8 Restrictions on Parking and Storage. No part of
the Common Interest Community, including the public streets and
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driveways or parking areas, unless specifically designated by the
Association therefor, shall be used as a parking, storage display
or accommodation area for an type of trailer, camping trailer,
boat trailer, hauling trailer, running gear, boat or accessories
thereto, truck or recreational vehicle for in excess of three (3)
hours, except as a temporary expedience for loading, delivery,
emergency, etc. ; provided that this restriction shall not
restrict trucks or other commercial vehicles which are necessary
for the construction or maintenance of the Common Interest
Community. Repairing of vehicles on the premises , outside of
either Unit, shall not be permitted.
7 . 9 Leases. Except as allowed with respect to the
Affordable Dwelling Unit in Unit One, no Owner may lease less
than that Owner ' s entire Condominium Unit, and all leases shall
be in writing. No lease shall be for more than a period of six
(6) months , and no more than two (2) six-month leases shall be
allowed in any two (2) years . All leases shall provide that the
terms of the lease are subject, in all respects, to the
provisions of this Declaration, and to the provisions of any
rules and regulations, decisions or resolutions of the
Association or the Executive Board.
7 . 10 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.
7 . 11 Enforcement. The Association, any member of the
Executive Board and any Owner shall have the right to enforce
this Declaration and the rules and regulations of the Association
and the right to collect costs and expenses (including, without
limitation attorneys ' fees) incurred in any enforcement action.
ARTICLE 8
EASEMENTS AND LICENSES
8. 1 Recording Data. All easements and licenses to which
the Condominium is presently subject are identified on the Plat. In
addition, the Condominium may be subject to other easements or
licenses granted by the Declarant pursuant to this Declaration or
on any revised Plat.
8 . 2 General Common Elements Easement. Each Unit Owner
has a right and easement of enjoyment in and to the General
Common Elements, which shall be appurtenant to and shall pass
with the title to every Unit subject to the provisions contained
herein. Every Owner shall have a non-exclusive easement over,
under and across the General Common Elements. In the event of
future construction within a Unit, each Unit Owner shall also
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have the right, after giving written notice to the members of the
Executive Board, to overdig into the General Common Elements and
temporarily brace any excavation or existing foundations within a
Unit. After such temporary, use, the constructing Unit Owner
shall , at its sole expense, restore and repair the General Common
Elements to the condition existing prior to such construction
work. By undertaking work within the General Common Elements,
the constructing Unit Owner agrees to defend, indemnify and hold
harmless the other Unit and the other Unit Owners from and
against all claims arising out of or relating to such
construction, including without limitation for injury to persons
or property and for mechanics ' and materialmen' s liens.
8 . 3 Easements for Improvements, Maintenance and
Utilities. Reciprocal Easements (among all Units and Limited and
General Common Elements) are hereby declared to exist over and
under the Real Estate and all areas thereof for the existing
electric, telephone, water, gas, and sanitary and storm sewer
lines and facilities, exhaust, heating, and air conditioning
facilities, plumbing vent pipes, cable or master television
antenna lines, drainage facilities, garbage chutes, stairs,
walkways, and landscaping and for the repair, replacement and
maintenance of the same, as needed to service the Real Estate
and/or the individual Units . Each Owner has the right, at its
sole expense and after giving written notice for at least one ( 1)
business day to the other Owner, to relocate such lines and
facilities within its Unit; provided, however, that such
relocation shall be accomplished without interrupting the need of
the other Owner for the use of such lines or facilities
( including the providing of temporary service, if necessary) ,
except as such other Owner specifically permits.
8. 4 Encroachment Easements. Each Owner has an
easement over the adjoining Unit (s) for the purpose of
accommodating any encroachment due to engineering errors, errors
in original construction, reconstruction, repair, settlement or
shifting or movement of the building or any other similar cause.
There shall be valid easements for the maintenance of said
encroachments so long as they shall exist, and the rights and
obligations of Owners shall not be altered in any way by said
encroachment, settlement or shifting; provided, however, that in
no event shall a valid easement for encroachment occur due to the
willful misconduct of an Owner or Owners. In the event a
structure is partially or totally destroyed, and then repaired or
rebuilt in substantially the same manner as originally
constructed, the Owners agree that minor encroachments over the
abutting Unit shall be permitted and that there shall be valid
easements for the maintenance of said encroachments so long as
they shall exist.
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ARTICLE 9
RIGHT OF FIRST REFUSAL
9 . 1 Notice. In the event any Owner of a Condominium
Unit shall wish to sell the same, and shall have received a
bonafide offer from another person, the selling Owner shall give
written notice thereof to the other Owner(s) , together with a copy
of such offer and the terms thereof.
9.2 Right to Purchase. The other Owner(s) shall have
the right to purchase the subject Condominium Unit upon the same
terms and conditions as set forth in the offer therefor, provided
that written notice of such election to purchase, together with a
matching down payment or deposit, is given to the selling Owner, or
his agent, during the twelve (12) day period immediately following
the giving of the notice of the offer to purchase.
9 . 3 Failure to Close. Closing of the purchase
transaction pursuant to the exercise of a right of first refusal
as provided in this paragraph shall be in accordance with the
terms of the offer upon which the exercise is based, but in no
event shall it take place sooner than sixty (60) days following
the receipt by the selling Owner of the notice of election to
purchase. If the non-selling Owner does not exercise his right
of first refusal , or having exercised his right fails to close
upon the purchase transaction, the selling Owner may sell his
Condominium Unit to the person and upon the terms and conditions
as set forth in the offer at any time within sixty (60) days
after the closing date originally set forth in the offer.
9 . 4 Right to Avoid Non-Complying Transfer. In the
event any Owner shall attempt to sell his Condominium Unit
without affording to the other Owner(s) the right of first
refusal herein provided, such sale or lease shall be avoidable,
and may be avoided by a certificate of non-compliance duly
recorded in the office of the Clerk and Recorder of Pitkin
County, Colorado by the other Owner. However, in the event the
other Owner has not recorded such certificate of non-compliance
within one ( 1) year from the date of recording of a deed
delivered in violation of this paragraph, such a conveyance shall
be conclusively deemed to have been made in compliance with this
paragraph and no longer avoidable.
The failure or refusal of the other Owner to exercise the
right to so purchase shall not constitute or be deemed to be a
waiver of such right to purchase or lease when an Owner receives
any subsequent bonafide offer from a prospective purchaser or
tenant.
9 . 5 Exempt Transfers. In the event of any default on
the part of an Owner under any first mortgage which entitles the
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holder thereof to foreclose the same, any sale under such
foreclosure, including delivery of a deed to the first mortgagee
in lieu of such foreclosure, shall be made free and clear of the
provisions of this paragraph, and the purchaser or grantee under
such deed in lieu of foreclosure of such Condominium Unit shall
be thereupon and thereafter subject to the provisions of this
Declaration and the Bylaws. If the purchaser in lieu of such
foreclosure shall be the then holder of the first mortgage, or
its nominee, the said holder or nominee may thereafter sell and
convey the Condominium Unit free and clear of the provisions of
this paragraph, but its grantee shall thereupon and thereafter be
subject to all of the provisions thereof.
The following transfers of a Condominium Unit are also
exempt from the provisions of this paragraph:
( 1) The transfer by operation of law, of a
deceased joint tenant ' s interest to the surviving joint
tenant (s) ;
(2 ) The transfer of a deceased ' s interest to a
devisee or devisees by will or to his heirs at law under
intestacy laws ;
(3) The transfer of an Owner ' s interest, in whole
or in part, to a blood relative ;
(4) The transfer of an Owner ' s interest by
treasurer ' s deed pursuant to a sale for delinquent taxes ;
(5) The transfer of all or any part of a
partner' s interest as a result of withdrawal , death or otherwise,
to the remaining, partners carrying on the partnership business,
and/or of a partner ' s or partners ' interests between one or more
partners, and/or to persons becoming partners ; and
(6) The transfer of a corporation ' s interest to
the persons formerly owning the stock of the corporation as a
result of a dissolution. A transfer to the resulting entity
following a corporate merger or consolidation; provided, however,
that at least fifty percent (50) of the stock of the resulting
entity is owned by the stockholders of the corporation formerly
owning the Condominium Unit.
If the Owner of a Condominium Unit can establish to the
satisfaction of the Board of Directors that a proposed transfer
is not a sale, then such a transfer shall not be subject to the
provisions of this paragraph.
9 . 6 Certificate of Compliance. Upon written request
of any prospective transferee, purchaser, or an existing or
prospective mortgagee of any Condominium Unit, the Board of
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Directors of the Association shall forthwith, or where time is
specified, at the end of the time, issue a written and
acknowledged certificate in recordable form, evidencing:
(a) With respect to a proposed sale under this
paragraph that proper notice was given by the selling Owner, and
that the other Owner(s) did not elect to exercise this option to
purchase;
(b) With respect to a deed to a first mortgagee or its
nominee in lieu of foreclosure, and a deed from such first
mortgagee or its nominee, pursuant to this paragraph, that the
deeds were in given in lieu Of foreclosure, and were not subject
to the provisions of this paragraph; and
(c) With respect to any contemplated transfer which is
not in fact a sale, that the transfer will not be subject to the
provisions of this paragraph.
Such a certificate shall be conclusive evidence of the facts
contained therein.
ARTICLE 10
MISCELLANEOUS
10 . 1 When Consent or Authorization Not Necessary.
Notwithstanding anything in this Declaration to the contrary,
whenever the consent or authorization of the Association or
Executive Board shall be required under the provisions hereof, it
shall suffice, and the consent or authorization of the
Association shall thereby be deemed given, if the Owner seeking
such consent or authorization has obtained the consent or
authorization of the remaining Owners of the Common Interest
Community.
10 .2 Indemnity. Each Owner ("Indemnifying Owner" )
agrees to indemnify and hold the other Owner ("Other Owner" )
blameless and harmless of, from and against any loss, claim,
demand or obligation (including costs of defense and attorneys '
fees) of whatsoever nature occasioned by or in any manner
resulting or emanating from any work done at the behest of the
Indemnifying Owner on such Owner ' s Unit or labor, services or
materials furnished to such Owner or such Owner ' s Unit and will
maintain the Other Owner ' s Unit, entirely lien free through
payment or suitable substitution bond and, upon the failure of
the Indemnifying Owner so to do, the Other Owner shall have the
right to do that which it, in its discretion, determines to be
necessary to effect the release and discharge of the lien from
such Other Owner' s Unit and the applicable Common Elements . The
costs and expenses incurred in so doing, together with interest
at the per annum rate of 21% shall be repaid by the Indemnifying
Owner upon demand. Until repaid, the obligation so to do shall
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be secured by a lien against the Unit of the Indemnifying Owner,
notice of which may be given by the Other Owner in the applicable
real property records, and which may be foreclosed as in the case
of a mortgage. In any such foreclosure proceedings , the Other
Owner shall be entitled to recover its costs and reasonable
attorneys ' fees.
10 . 3 Additional Rights of Enforcement. Each of the
covenants, obligations and undertakings in this Declaration
contained on the part of the respective Unit Owners to be kept,
discharged or performed is intended to and shall be deemed to be
for the specific benefit of the other Unit Owner to the end that,
in the event of the failure or inability of the Association to
enforce any provision of this Declaration against a delinquent or
defaulting Owner, the remaining Owner, acting alone, shall have
the right in the name of the Association and on its behalf or, as
the case may be necessary or advisable, in the name of such
remaining, Owner and on his, her or its behalf to commence,
maintain and obtain judgment under an action for damages, for
specific performance, or for both, as appropriate, and in
connection with any proceedings against a delinquent or
defaulting Owner the remaining Owner shall be entitled to his,
her or its costs and reasonable attorneys fees as a part of any
judgment entered for such Owner, and whether or not the relief
obtained, including any damages, is less than what was sought.
10 . 4 Expansion Potential . Any remaining build-out
potential for the Real Estate under the City of Aspen Land Use
Code ( "Code") , whether in terms of permitted Floor Area Ratio or
otherwise, shall be deemed assigned to the two Units equally,
such that:
(a) in connection with the expansion of any Unit, no
expansion shall exceed in size one-half the allowable square
footage expansion potential for the entire Real Estate calculable
under the provisions of the Code then in effect, and
(b) if, subsequent to the expansion of one of the
Units (the "First to Expand Unit") , the Code is amended so as to
reduce the build-out potential for the Real Estate, the then
remaining build-out potential shall belong and be assigned
exclusively to the other Unit up to the square footage consumed
in the expansion of the First to Expand Unit, and any remaining
build-out potential shall belong and be assigned to the two Units
equally.
IN WITNESS WHEREOF, the Declar nt has caused this
Declarati,p. to be - -ecuted this 31-31- day of J a rear 1994 .
16-
MAR A R ON DANIEL PATTERSON
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STATE OF COLORADO
ss.
cDt7NTY OF PITKIN
, --)Tire foregoing instrument was acknowledged before me this 31,.\
day_.olfa,nLA_cory , 1994 , by MARK PATTERSON and DANIEL PATTERSON.
,- 143iness my hand and official seal .
nLp` commission expires: 7 +3 LP .
13'2-4 ' i
Notary Public
C:ACLIENTS\PATTERSO\CONDO.DEC
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EXHIBIT "1"
Unit Sq. Ft. of Percentage Interest in General
Living Area Common Elements and Percentage
Interest in Voting Rights, Based
Upon Square Footage of Living Area
Unit One 15, 352 50 %
Unit Two 15, 660 50 %
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