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Home My WebLink Aboutcoa.lu.sr.810 W Smuggler.0003.2013 ♦ RE "EIVEC JAN () 7 21014 December 19, 2012 CITY OF ASPEN COMMUNITY DEVELOPMEN's City of Aspen Planning & Zoning Attn: Chris Bendon 130 S. Galena Street Aspen, CO 81611 Re: Notice to Vacate Condominium Plat: Units 1 and 2,Tent Condominiums 810 W. Smuggler, LLC, a Colorado Limited Liability Company, owner of record of Units 1 and 2,Tent Condominiums, Pitkin County, Colorado (810 W. Smuggler Street,Aspen, CO 81611) hereby requests that the City of Aspen vacate the condominium plat for Units 1 and 2, Tent Condominiums, Colorado 81611 as recorded on March 23, 1978, Reception#: 202699. Legal Description: UNITS1 AND 2 TENT CONDOMINIUMS,ACCORDING TO THE CONDOMINIUM PLAT MAP RECORDED MARCH 23, 1978 IN PLAT BOOK 6 AT PAGE 96 AND FURTHER DEFINED AND DESCRIBED IN THE CONDQMINIUM DECLARATION RECORDED MARCH 23, 1978 IN BOOK 345 AT PAGE 142 AND AMENDMENT THERTO RECORDED MARCH 31, 1978 IN BOOK 345 AT PAGE 142 AND AMENDMENT THE�TO RECORDED MARCH 31, 1978 IN BOOK 345 AT PAGE 503. Owner: 810 W. Smuggler, LLC Date By: Daniel Holtz, Manager STATE OF } /�L02G11>7� COUNTY OF ) �`,dfl�j —Z)XZe I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared DANIEL HOLTZ, as the Manager of 810 W. SMUGGLER, LLC,a Colorado Limited Liability Company, who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and wh ' cation. WITNESS my hand and official seal in the County and State last aforesaid, this day of December, 2012. NOTARY PUBLIC-STATE OF FLORIDA Michael, i?emstein Corn.nission#EE077192 Expires: `.',AR.24,2015 BONDED 71MU.ATL'.7i C?.0NDLNG CO.,INC. NOTARY PUBLIC STATE OF o° Name My commission expires: rfa��i Pursuant to Aspen Municipal Code 26.480.090 and the above request to vacate,the plat map for Units 1 and 2, Tent condominiums recorded at plat book 6, page 96, as reception number 202699 with the Pitkin County Recorder is hereby vacated by the City of Aspen. ` j City of Aspen Date By: �t — PCU t December 19, 2012 City of Aspen Planning&Zoning Attn: Chris Bendon 130 S. Galena Street Aspen, CO 81611 Re: Notice to Vacate All Covenants for Tent Condominiums 810 W.Smuggler, LLC, a Colorado Limited Liability Company, owner of record of Units 1 and 2, tent Condominiums, Pitkin County, Colorado, hereby vacates all covenants for Tent Condominiums, as recorded on March 23 1978, in Book 345 at Page 142, Reception #: 202700 and amendment thereto as recorded dh March 31 197 , in Book 345 at Page 503, Reception #: 202887. Owner: 810 W. Smuggler, LLC Date By: Daniel Holtz, Manager STATE OF COUNTY OF }�Gli�'• �'��/�� I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared DANIEL HOLTZ, as the Manager of 810 W. SMUGGLER, LLC, a Colorado Limited Liability Company, who after being duly sworn, acknowledged before me the execution of the foregoing instrument for the purposes therein expressed, and WITNESS my hand and official seal in the County and State last aforesaid,this day of December, 2012. NOTARY PUBLIC•STATE OF FLORIDA Michael Bernstein _Cor.;mission #EE077192 Expires: _JAR.24,2015 BONDED THY U A'LA`:T"' NG CO.,INC. NOTARY PUBLIC STATE OF After recording. return to: TERMINATION OF COMON INTEREST COMMUNITY REGIME THIS TERMINATION OF COMMON INTEREST COMMUNITY REGIME ("Termination") is made as of the day of December 2012, by 810 WEST SMUGGLER STREET, LLC, a Colorado limited liability company ("Owner"). Recitals A. On March 23, 1978, a Plat Map of Tent Condominiums (the "Original Plat") was recorded in Plat Book 6 at Page 96 in the real property records for Pitkin County, Colorado (the "Records"), which Original Plat created, among other things, Units 1 and 2, Tent Condominiums, County of Pitkin, State of Colorado (the "Property"). B. Beginning on or about March 23, 1978 a series of condominium documents were recorded in the Records, establishing a condominium regime on the Property (the "Condominium Regime"). These documents included: (i) Condominium Declaration for Tent Condominiums_(A - Condominium) recorded on March 23, 1978, in Book 345 at Page 142 as reception number 202700, as amended by the Amendment to Condominium Declaration for Tent Condominiums (A Condominium) recorded on March 31, 1978, in Book 345 at Page 503 as Reception No. 202887 (as amended, the "Declaration"); and (ii) Condominium Map of Tent Condominiums recorded on March 23, 1978, in Plat Book 6 at Page 96 (the "Condominium Map"). C. Pursuant to Section 2 of the Declaration (as amended) and as shown on the Condominium Map, the Property (together with the Building (as defined in the Declaration) thereon) was divided into two (2) separate fee simple estates, each consisting of one (1) condominium unit, which units were designated as "Unit 1" and "Unit 2", respectively (collectively, the "Condominium Units"). D. Owner is the current owner of both Condominium Units. Owner owns the Condominium Units free and clear of all liens and financial encumbrances except for a Deed of Trust for the benefit of Gibraltar Private Bank & Trust Company dated May 3, 2007 and recorded May 8, 2007 under reception no. 537466. E. Owner desires to terminate the Condominium Regime and revoke the Declaration in accordance with the terms thereof. Section 16 of the Declaration provides that the Declaration may be revoked by a written agreement (i) executed by the owners of both Condominium Units, as well as any mortgagees under any recorded deeds of trust affecting the Condominium Units, and (ii) duly recorded in the Records. Termination NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner covenants and agrees as follows: 1. Termination and Revocation. The Declaration, the Condominium Map, and the entire Condominium Regime established on the Property are hereby terminated, revoked and vacated in their entireties effective as of the date of this Termination. 2. Owner Representation and Consent. Pursuant to Section 16 of the Declaration, any revocation of the Declaration must be consented and agreed to by the owners of both Condominium Units, as well as the holders of recorded deeds of trust covering or affecting either or both of the Condominium Units, if any. Owner represents that it is the record owner of both Condominium Units and that the Condominium Units are not subject to the any recorded deeds of trust, liens, or other financial encumbrances except that of Gibraltar Private Bank & Trust Company ("Gilbraltar"). By execution hereof: Owner and Gibraltar agree and consent to the terms and provisions of this Termination. 3. City of Aspen Consent. By its execution hereof, the City consents to and approves the terms and provisions of this Termination. 4. Legal Description. Under the Condominium Regime, the Property was legally described as follows: CONDOMINIUM UNITS 1 and 2, TENT CONDOMINIUMS, according to the Condominium Map thereof recorded March 23, 1978 in Plat Book 6 at Page 96, and as defined and described in the Condominium Declaration for Tent Condominiums recorded March 23, 1978 in Book 345 at Page 142 and Amendment To Tent Condominiums recorded March 31, 1978 in Book 345 at Page 503, County of Pitkin, State of Colorado. Upon the recordation of this Termination as contemplated by Section 4 below, the legal description of the Property will revert to its legal description as set forth on the Townsite Map, such that the Property will be legally described as follows: Lots P & Q, Block 8, City and Townsite of Aspen, County of Pitkin, State of Colorado. 5. Recordation. Pursuant to Section 16 of the Declaration, this Termination shall be recorded in the real property records of Pitkin County, Colorado. IN WITNESS WHEREOF, Owner has executed this Termination as of the date first above written. OWNER: 810 W. SMUGGLER, LLC a C�lorado limit liability company By: Name: Daniel Holtz Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this2® day of December, 2012, by Daniel Holtz as Manager of 810 W. SMUGGLER, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public NOTARY PUBLIC-STATE OF FLORIDA N ichae' Bernstein Con ndssion#EE077192 Ex. re s: MAR.24,2015 BONDEDTH,� j:_ ;Tr.B(%:•DLNGCO.,INC. Consented to and approved by: CITY OF ASPEN, COLORADO By: = a V 'ct Name: Chris Bendon Title: Community Development Director STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) JM nuarq The foregoing instrument was acknowledged before me this I day offer, 2-011 2-&+2, by Chris Bendon as Community Development Director of the City of Aspen, Colorado. P Witness my L. NF•.,, '�� eal My commi sictn expires: cS ,pvBO PLO t L OF C® Notary Public Any Commission Expires 09/25/2013 MORTGAGEE CONSENT The undersigned, being the First Mortgagee for the units, hereby consents to this Termination and the recording and effect hereof. GIBRALTAR PRIVATE BANK & TRUST COMPANY cak,0 By: l Name: Its: STATE OF ) ) ss. COUNTY OF ) The foreving instrulncl was acknowledged before me this Z day of k6a14 --_/t, 2012 by Fvr, 602 as O c es2 ol'Cribraltar Bank & Trust Company. Witness my hand and official seal. 77 �. Diary Public t1c C,S. b A _do ANA M AMADOR Notary Public-state of Florida o^e My Comm.Expires May 9,2014 �„', �;� Commission#r DD 989822 Bonded Through National Notary Assn.