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Home My WebLink AboutLand Use Case.202 Lone Pine Rd.0027.2013.ASLU0027.2013.ASLU 202 LONE PINE ROAD 2737 007 3 84 001 PUD AMENDMENT /54 - (h> i k C,; le External Media Located Here M-004146.10 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0017.2013.ASLU PARCEL ID NUMBERS 2737 07 3 84 001 PROJECTS ADDRESS 202 LONE PINE RD PLANNER JUSTIN BARKER CASE DESCRIPTION PUD AND AMENDMENT REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 6.5.13 CLOSED BY ANGELA SCOREY ON: 7/1/13 27 31 - 07 -3- 94 -00 1 00 27.20(3 Â·015 LUI ... IjÂ· Permits 4.1 4 + , t, izz .20; *4> â€¢1 file Edit Record Navigate Fgnn: Repofts Format Iab Help ~ ~: F., i ' U E 4 6 1> 23 6,~ F + 2 2 .-.} E: 3 4 *Jumpl 17-: 0 - i 3 41 1. /3-4 2-1,3 2 1. 1 Routing Status Fees : Fee Summary ~~| Actions Attachments Routing History Yaluation 'Arch/Eng Custom Fields Sub fermits Parcels ~ ~ 1 Permit type laslu Aspen Land Use Permit # I0027 2013.ASLU Address 202 LONE PINE RD Apt/Suite 11 City |ASPEN State E~~1 Zip ]81611 p, Permit Information 1 Master permit Routing queue ~3slu07 Appliec 04/23/2013 1 Projed Status Pending Approved - Description APPLICATION FOR PUD AMENDMENT Iged dosed/Final Ii il . 1 Submitted ~ROBER MEHALL 923 8946 | dock |~I@6-I Des ~ 0~ Expires ~04/18.2014 ~ i - Own:er ~ Last name CASAASPEN MANAGEME[ First name Phone C) - Address i Applicant Â® Owner is applicant? Il Contradoris applicant? ~ Last name CASAASPEN MANAGEMB FIrst nEme i Â· Phone IC 1 - |Cust Â¢ |29491 | Addrpqq ~ . Lender ' Last name Firg name 1 i Phone K ) - Address ' : \ t AspenGold5 (server' angelas ~ 106 - Â·i 44-yA~j + cD-1- 1-Rd- 5* 2<55- 2â‚¬Ue k-* 335-57 #06 1360 -do Â¢ Px I n ,32> , seioN >Pine)11 mqlooin--s-d D qgll I 14/- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) 4 -49 w& 51-cÂ»--/1--1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: '~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signatlfre The foregoing "Affidavit ofNotice" was acknowledged before me this & f day OU Curd_ , 2012, by +19 +L Ske--,-3 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL My commission expires: 388Â· 1 i k Notice is hereby given to the general public of the approval of a site specific development plan, and kuuÂ®~ 84 941- the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following legally described property: Unit 1, Mocklin Condominiums. according to the Con- Notary Public dominium Map recorded August 24, 1998 in Plat Book 46 at page 5 and as defined and described in the Declaration recorded August 24, 1998 as Re- ception No. 421013, commonly known as 202 Lone Pine, Condominium Unit #1, by order of the City of Aspen Community Development Department on June 5, 2013. The Applicant received approval to ATTACHMENTS: amend the PUD to convert a garage bay to livable space and to finish the basement in Unit #1 and Residential Design Standard Variance for a light- COPY OF THE PUBLICATION well. For further information contact Justin Barker, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2797. s/City of Aspen Publish in The Aspen Times Weekly on June 13, 2013.[9263966] . -/' . 1 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Casa Aspen Management, LLC, 109 North Post Oak Lane #431. Houston, TX 77024 Property Owner's Name, Mailing Address Unit 1, Mocklin Condominiums, according to the Condominium Map recorded August 24, 1998 in Plat Book 46 at page 5 and as defined and described in the Declaration recorded August 24,1998 as Reception No. 421013; commonly known as 202 Lone Pine, Condominium Unit # 1 Legal Description and Street Address of Subject Property Insubstantial PUD Amendment to convert a garage bay to livable space and to finish the basement in Unit #1 and Residential Design Standard Variance to allow six (6) inches of veneer on a lightwell to extend beyond the front-most wall o f the structure. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Department for an Insubstantial PUD Amendment and Residential Design Standard Amendment; application received on 4/22/2013; approval granted on 6/5/2013 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 13. 2013 Effective Date of Development Order (Same as date of publication of notice ofapproval.) June 14,2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued tbis Sth day of June, 2013, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director RECEPTION#: e.0198, 06/07/2013 at 10:28:01 AM, 1 OF 4, R $26.uu Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO Coolls NOTICE OF APPROVAL FOR AN INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT AND RESIDENTIAL DESIGN STANDARD AMENDMENT TO 202 LONE PINE ROAD, MOCKLIN SUBDIVISION, LOT 7 Parcel ID: 2737-07-3-84-999 APPLICANT: John Dimcan, Casa Aspen Management, LLC, 109 North Post Oak Lane #431, Houston, TX 77024. REPRESENTATIVE: Bob Mehall, Robert Meliall/ARCHITECT, Inc. P.O. Box 5506, Snowmass Village, SUBJECT & SITE OF APPROVAL: 202 Lone Pine Road, Unit #1, Mocklin Subdivision, Lot 7 SUMMARY: The applicant has requested an Insubstantial PUD Amendment to convert a garage bay to livable space and to finish the basement in Unit #1. Unit #1 is the only free-market unit in an 8-unit building, the remaining units being deed-restricted affordable housing. Ordinance #35, Series of 1995 approved the subdivision and requires Lot 7 to maintain 15 parking spaces on site, a maximum FAR of 0,40: 1, and approximately 60% of the site as open space. This FAR translates to a total floor area of 12,081 square feet allowed. The open space required is -19,929 square feet. In addition, the applicant requires a Residential Design Standard Variance for a portion of a lightwell that extends beyond the front-most wall of' the structure. STAFF EVALUATION: The proposal ineets the review criteria for an Insubstantial PUD Amendment (Exhibit A) and the changes proposed are consistent with the approvals granted in Ordinance #35, Series of 1995. The maximum FAR will not be exceeded and the open space will not be reduced significantly. There currently exists a deficit of parking spaces on-site from what is required. The applicant must bring the on-site parking into compliance with Ordinance #35, Series of 1995, requiring 15 spaces. A new window well is being added to the south side of the building as a part of the proposal. The Resiclential Design Guidelines require all lightwells on a street-facing favadc(s) to be completely recessed behind the front-most wall of the building. The - proposed lightwell itself is recessed, however the veneer extends beyond the front-most Page lot' 5 wall by six (6) inches. Staff finds this difference to be minimal and grants a variance from the guideline to accommodate six (6) inches of veneer. DECISION: Staff finds that the Insubstantial PUD Amendment application provided by the Applicant, John Duncan, Casa Aspen Management, LLC (represented by Bob Mehall, Robert Mehall/ARCHITECT, Inc.) meets the applicable criteria and thereby APPROVES the request with the following condition: 1. 15 parking spaces will be provided and striped to comply with Ordinance #35, Series of 1995. 2. A variance is granted from Residential Design Standard 26.410.040.D.4, Lightwells to accommodate for six (6) inches of veneer. APPROVED BY: 0 411KE 24,Â£ 5- &94 Chrislient min Date Community Development Director Attachments: Exhibit A - Insubstantial PUD Amendment Review Criteria (not recorded) Exhibit B - Residential Design Standard Variance Review Criteria (not recorded) Exhibit C - Approved plans (recorded) Page 2of 5 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS: 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding: The character of the PUD shall be retained and not negatively altered by this proposal. Most of the changes will be interior renovation. Staff .finds this criterion met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. Sta# Finding: The proposal does not increase coverage of structures by more than three percent. Staff.finds this criterion met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Not applicable. 4. A reduction by greater than three percent (3Â°4,) of the approved open space. Staff Finding: The amount of approved open space will not be reduced by greater than three percent. Stafffinds this criterion met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. Staff Finding: The proposal replaces one parking space with livable area, but includes adding additional spaces on site to comply with a requirement of Ordinance #35, Series of 1995. Stafffinds this criterion met. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding: No pavement width or easements are being affected by this proposal. Stalifinds this criterion met. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. Not applicable. Page 3of 5 8. An increase by greater than one percent (1%) in the approved residential density of the development. Not applicable. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding: The lot and its intended use remain consistent with the original approvals. This proposal does not require a special variation from the approved uses or dimensional requirements. Sta#.finds this criterion met. Page 4of 5 EXHIBIT B REVIEW CRITERIA & STAFF FINDINGS: 26.410.020.D Residential Design Standards Procedures for review - Variances. 1. Administrative variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the residential design standards shall demonstrate, and the Community Development Director shall find that the variances, i f granted, would: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine i f the exception is warranted; or Staff Finding: The applicant is lining the lightwell with veneer to match the existing veneer of the building. Staff finds that this design solution results in the most cohesive and consistent design. Stafffinds this criterion met. b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: No site specifc constraint exists on this lot. Staff finds this criterion is not met. Page 5of 5 6 26,4. C FOOF SCHEP[LE WINFOW 5(HEIF[LE ... L. ,=.=1- '24. 4,â€¢ I.,c. lyâ€ž ..... ... Window Loc,eon/com I 7 61 UnitS,z,-wxt, SCI'l' Notls 4.und'loor | | 100A IComman Ar,a,3 - 001 3.Â·0. 7-0Â· 1 14- - 0&04 Passage 1 ..Rated'Cloler Eg,ess'Muued kle-erÂ·'Safety .....0...~,Â·, lili 1008 pomm= A- 03 -Col 3Â·-0Â· l. 1.4 Paq' W.od .VÂ»d h....e 1 Hour 'Cla-r B P-.0.- 103 .(2) . we & operalon .lA *-C. Ge./-101 2* t.: =: m E- In,ulatedv.,/Â®pl,ea~Â·00Â¤~Â¥n Cl-2 PE* Foyer- 108 I 2 ~C-ne,1 Y robert mehall 102â€¢, Il Car .c,ge - 102 W 84- 21/2. 7-- In.1-difid,Â·00'. 01-2 knlry Foyer- 108 1 2 /* hÂ· x 3Â·0' . Safety GlasA,kilied ..or 108/A ARCHITECT '03A Sdroom-~03 3'-0' r. 1 W P~n' Wood Wood Enty 1 ./. R..d E korn. I 1 7./.* |fE x 5- N E...Safely Glass 1 1031â€¢ ~ludfoom - 103 31/ 17.-[r 13/4' 280Â£.._â€žMN._ -01*Im_ --__ I I I I re,1 011:ce ~I~ '306 104A Prnoe - 1~ 1/4 Pan' Wood<Gl,ss V,lod .rn/SI,drng S,10/ IICI. â€¢11'.6, 10SA ~undr,- 105 2-10Â· #'-41 13/4Â· Pan/ Vao<10 ass *xed ~ockel col or ' J o 8]613 W hadfoom#1 - 106 N '4 1.. P.nel Wood 2%f ~07* ~albrorn~ *1 - 107 2â‚¬' kl , â€¢r p.nal wood n.â€¢cy 97' 923 Ng,6 ....marchÂ·bl......... 109* rer-109 3-1Â· rIF 21/2" Pan* Wo-Gles: nty open./Wely Glas r, 4 Â¥ r Ll U 'I >0 O !~ ~~ I O - Â·I , '' '' ' .H lÂ· i .1 Â·1 ' -40 el ' L '1 V . ./4 1 - :4 2 9 3.I'44 0 -, = I . 1 ; 9% 1 1 't 4 El, I ..6- I ~.4J t. . A L t. N f f ' 4 11 ' 4 , 2., . . K. v 1 't T O 4 A 1/Â· F. 0. , 1 + r e. 111 ' 112. Ur 2.1 = 1 U. 1 4. , 1 . 1- 1 1 -f[ N t 1 0. 0..' 1/ .11?Lv i.z I V .i_g, I '4Â· I # . 03 , e4 , m. . e.4. I 'li e r" 1 bl v 4 E 4 ;. 1 ...,2 I. - ~~~~ :~Lf#ija ~: --- --- ~it 11 )/2---'-uÂ·-Â·-iN ~ 1- O in Wi:' e ' 1 + 1 . ' . ~ ~~e . , i r t' + 1 CASA r I i ' -1- I ..I------ - --474 I I , LA\ 1-- L=f ASPEN \21 4 4 - M 1, Â·Â· reÂ«--FTV.-,0--V-Â»V .1 :- ,-18*' "-=+1 - - -1. -! - 202 Lene PIM Rood, #1 ~ ~ .~ Aspen, Colorado ch ./ Â£ .0.t F 2 6 1 H 112/3-1-1 =R3-1 . Â· 01745 1,Â· 1 ' 1,1 5'k , Â·'I 44 . F + fr V 0,1. N 1 1 11 1 ' ' t OINF FLOOF PLAN ' '-r' UL -i uN U A2.2 = El. - 1 4 4 4 5 1,1.Â» a 1 1 1 , lili robert mehall ~ ARalITECT tr < 1 /Â»4443 . gâ€¢'0 923 8'1Â·16 1 pokl oflicc h,#06 11 4 --1 . ( .1 or ' Jii 81614 U.lilill '11 'gÂ¢ /2 L L - -- _ _ 1:- 14- 51 3 1 , 1 L rl 31 NI - 2 INIT #1 1 1 2 -4 4-4 . -/ __ 11' , - 111 0,1' 1_Ililli 11 1 11 1 11 11 11 - 1 11 lili 111~1 -- - - Li 711 'fj c * 4 el All _ .- -3 7~ I .'It': ' 4 1- 14=J 1,1 4 1 r 1. .-I Â·1. k NI' 5-7 - INIT #6 1 11 = i e- / '4193 #E & 6 4 .NIT #1 T , s 0, , N < 4 '44 y.Â·~j, 4 F t. Â·t â‚¬ ... i A '. 1 1 1 L 11 Â£ I ~ lfÂ»/ 0 U r .1 -1 1 29 F ! 1 P., r A :4 -1 .Â· CASA 4 11,11. ' ASPEN I 6, 63 , I ------- --=r .i,n [Frl , 3 11(4 P,Â·i. %=r ' 202 tone M.. Rood, 01 Â£ 11 1 , -/ J .-- U :6193-- ' UJLLf '.k'' 1 - ,' 1 9 Aspen, Colorado '..' ir 1 #-a:1 1 H r , LEA 0 1 ' n.. E I - 79?'\\ . .i -117/1/ 17 '11 1 ,- -2=14 Â¥ p H V. N I A4.1 lamilie Justin Barker From: Robert Mehall <bob@rmarchitect.net> Sent: Tuesday, May 28, 2013 6:11 PM To: Justin Barker Subject: Re: 202 Lone Pine PUD Amendment - part lof 2 Attachments: Duncan PUD A 4.1 28may13.pdf; Duncan PUD A 3.1 28may13.pdf; Duncan PUD A 2.2 28may13.pdf Justin, As requested, please find the 5 attached PDF files (Site Plan, 2- Floor Plans, Elevations and Sections) which show the revised, smaller window well. I have clouded and noted this revision in the "Issued" column in the title block. Please review and let me know if you need anything else. Thanks. Bob note the attachments created a large file, so I will break up into two emails. Robert Mehall/ARCHITECT, Inc. Post Office Box 5506 Showmass Village, CO 81615 t/f: 970.923.8946 On 5/28/2013 9:27 AM, Justin Barker wrote: Bob, The first thing we will need is an updated drawing that shows the smaller window well to add to the case file before we can approve anything. You can just send these to me as PDFs for now, 1'11 confirm if we need full size drawings forthis. As far as the variance process is concerned, I will pull together a pre-app that will cover what you will need to submit for a variance application and send that to you either today or tomorrow. Thanks, Justin Barker, LEED Green Associate, CNU-A Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2797 www.aspenpitkin.com 1 ~ ASSOCIATE GREEN 1 - Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient. please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained In this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning which is subject to change in the future. and upon factual representations that may or may not be accurate The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance From: Robert Mehall [mailto:bob@rmarchitect.netl Sent: Thursday, May 23, 2013 9:52 AM To: Justin Barker Subject: Re: 202 Lone Pine PUD Amendment Justin, My clients have decided to submit for building permit with the smaller window well now and begin the process to ask for a variance to get the larger, desired window well that we originally planned. It is my understanding that the only two issues you brought up to approve our administrative PUD Amendment were the parking and window well. With these two revisions, 1 have two questions foryou; 1. What documentation do I need from you to submit with the building permit application? 2. How do we begin the variance process to get the larger window well? Thanks, Bob Robert Mehall/ARCHITECT, Inc. Post Office Box 5506 Snowmass Village, CO 81615 t/f: 970.923.8946 On 5/9/2013 4:38 PM, Justin Barker wrote: Hi Bob, So I have spent more time reviewing the submittal for 202 Lone Pine. As I suspected, the lightwell will be an issue. According to Section 26.410.040.D.4 of the Land Use Code, "All areaways, lightwells and/or stairwells on the street - facing fagade(s) of a building shall be entirely recessed behind the front-most wall of the building." The lightwell you have proposed extends beyond the front-most wall of the building facing Miner's Trail Road. There are two options here: 1. Redesign the lightwell to bring it into compliance by entirely recessing it behind the front-most wall 2 2. Eliminate the lightwell entirely (it is not necessary as a form of egress since the space is not a bedroom) Everything else looks like it will be good. I should mention that although it is not required, it might be a good idea to update and record a new condo plat for the property for the owner's benefit. Let me know if you have any questions or concerns regarding any of this. Thanks, Justin Barker, LEED Green Associate, CNU-A Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2797 www.aspenpitkin.com 9 . LEED GREEN 1,31 g t ASSOCIATE i' 1 Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law- If you are not the intended recipient, please reply to the sender that you have received the message jn error and then delete it Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning. which is subject to change in the future, and upon factual representations that may or may not be accurate The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 3 lili -.- i Â· robert Inchall i A Rell]TEC T â€¢â‚¬UNTIA CBECI~ CONDOMIN1UM. poiL ./fii. M '.6 - ./1/HJ. 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Colorodo -: I r. -- --- 1 1 Pll /1 " .1 - i 'L -144 /0 3 - 1 I' ~~ It 1 /? :Fl 4% 44 2-4 " (3 04 A2.1 ' robert mehall ARCH/TEC7 7Â». -' S.!09'221 - t _ ' ' L__}Ground FL 3 -1-- 1 ' RÂ°01'1%â€ž11/&~L_ ./. . ..Met---Ill -3/I-__Ill' -Ell//// /... WIn# location Room. au-â€¢4 Op/'llion Unit Siz, ..h Sca- NO- 20.1.â„¢3"Ar..loot ..c r. 11/4- 7/ *._ *I IIF-I . 4-i.t-<lo.er 428*-Il.*-Safe~ 0-See -- ILi I I P...1 Woud Wood .- 1 -i RM,4.-r . ./.'c- - 103 I , 6- N) b ~ze & ~gq _ _ _ . rillilll '01&2fige@/.11-_.~Â£5 -"r -- 3,â‚¬ 4,2 -W28-i- 1L- -.-16- - &1-ed wj,ppl- u t,M C 1 -2 Enwy Foâ„¢ - 108 1 2 |Ca--1 ,/.4/Â· Â¥ *#.g/-102 . r , al f!89,!_ _ 'WOM/Gle,S 4 __ _~rh- ~Sul~ted *Npelled wood Dim 01 2 kntr,Fol--108 1 2 kled . Salet'v Gl~-ulled ,â€¢r Coo, 108'A Mud.orm- M ./ ./ ,1 ~4 -od Wood EntrÂ¥ , MO., 4.- E 4...m . i ' blue,mt ~6'./ . 'gre=/S...1.0 Mud~n-103 - 4,4. T~ '3" - WeÂ»J - r."49. 1- -- 1 11 N-104 I. "4- CEL-.Z~- a 9 . 'd. tly. 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Â·1 L k. -- --11 A I , 1 t~y i; 16 i b t. 9 A2.2 Le-*-244'41-14 71 rober, Inehalll ARCHITECT 90 (77 r 1 - 31< 1--1 1 p0 .lrii. hn. 06 - r, 1.1 - .. - J. $$.-:.~...:,&.4.Â·Â·Â·Â· " Â·Â·.Â· 1 -Â·,Â·-: Â·~-Â· Â·~ ~' Â· ~-~- Â·. I 1, ----:.-* - .. -4 - . 1 -' 1 4'az -At 1 - . ... . 1 - f.--1111:I. ..; 17 . I . i 71 1 1 11: ; 11 !1111 1 Ili,; 0 L..... .. 111 "*14. m~~~ EE . **fl 'V M I 11 114:0.=Ell- - , -T / Â· - - - ==-97 -1,-:1 - 1 Li - - -----3 -12Â«-itt -~â€¢ ~1~Ii[1~1~1Ij~'jII *]-~Il~ '~f~1-- ILÂ«. 1 Â¤~ 1 11 â‚¬- fl Â¥4 --* . 1--,1-411-= --17 - --t--i-Â·Â·-13-==-~-=1~2220~3(C~~~- "722=-=-2-tEZEEZIZEJOIC -~-1'-0 ,-t"....4;'J"2,,,1'=3'(E,3~28*AW~t:I ".'-Â·~'33Tt -' 1. LL-,"Il ' ll' .t I. .' +2.,.----==Â·=dejÂ·iiÂ·Â·.Â·-=.41-'â€¢-p=Â«1.-r= r.r.Â·Â·3-1----. filÂ· 11 1.-- e '.111. --I-I-- ---I.-. -I. 1 -~â€ž1 -'1 1 --1 1 ~ ~ 1 1....:.....Un--2.U----3 ~ --I-__-11' I.,1 . up W p.:pz....i.... L- - -. -----1.-7*.- --- -~T~~- un 22~. .~-. ~~~2 TZ----I'<-4.:,~ r- " f Mt Â£ ty ,-47 â‚¬9 1 4 .- ..-_ C~~ "~~-]-il-1-[ I i Â£ 2-- 1--3 rvit.r $ 4, - / CASA ASPEN Ng gl,Â¥4, Â¢ =mr- t 207 Lan, P ne ./. F Aspen. Colorado .. . 1 !4. L t,'" ILÂ·i JM._f._ 2 4 E..---i. ,)'- -- - --c --t=i Â¥ r. -._ TRL>CÂ»-7/- - 1 .4 7..f.13,14 2.-9 2.2<~3-'ir.2'ir-9-Er25221 3-7~~-fI- '---~ agEM.. -E!2011. 1 1-$27,1 .1.~f, A3.1 -W -17 robert mehall ARCHITECT 111 1 Nt I I M .2. /.- -- ---- -R /4 %7 Â·,4fl 0. 11 0 121- U -1 Ile ~- 1-- 7 7- -1 r 1 \11 11 . '-h 1,1. .:. .c. X I Jill 6Â»|_|111,|||Ill||11|~Ill Il Il Ill ~~ ~||?ll~r'11||| ~'~||1|||||1|||||| 111' Il Il ||| I+4++4~Â·+Ie-il-4-4- t+fri+I-I-I~h- /7Â¥ 91~ A-Wu- i~~ #-IM -- - p +Ept 1~ -~~ --~r .~ ~ -~ .Jit --14-1- -L /11 - - Il - '- /4 -I- Irk 1-1 ~7_ __- ' ....- -~----~â€ž~â€ž=~,-----~*2 --*it4/'//5,~#w --- ..iNA.1...1/1 '.Irlr .... ... - 1-7 3 H <' ~ r~~~~ ....=..rb-= Â·.Â·22 ''~ ~ ~ ~ in' i~ , ' j, 1 1 4- \ r . ...... .= . .aâ€ž,tâ€ž,1, ' ... 7-7- Â·Â·------ -- -- ~ZI--Ir '..9/ l...... 1 + r 'irÂ·*I' in.!.riâ€¢,- < 28 14: _LI_-3. 51.4 4.- 3 wr Â·Â·Â·1 1~I) 44> 1/ 1.1 1 21-_ - -_**2~___2 .1- - I | Â·E 3-1/ L ..110/ i. . Â»29 ~~~ ~~ L~~~711.1 F / 1 33 1 - - -- CASA / .1.1 .... ., i:.1 i .1 .41, / ASPEN 4*Â·'4:,CA!160. NEÂ» 202 .ni P# Rood. #1 ~ Â«--I: ~---- ---21~6._.. JI,4 ilifi'lii" "_0 - I~__ Aspen. Coiorodo '-/ * I. L.J ' U,-,1,>Â·-:7â„¢17-4 - 1 -- I :11 1 .9 . 7 - := W .r.,m . $ ' , ' Â·Â·' I.T.. "- '/ ---Â·r--Â¥- - Â· ---- _ _~_ __. - 1 IKE * LI U--71- 2.43 1 i . >.9 . 1 ./.no~- 1 .__ 1 -+ 1 1/ 01 1 EL LJ-U_ - .J.1 -3zn L __ 71-~---L~~f~ A 4.1 - I''It .(;I 'Â·I '' ./'â€¢ '' 22 4 ~rober, meball Altâ‚¬111'IECT Justin Barker From: Robert Mehall <bob@rmarchitect.net> Sent: Tuesday, May 07, 2013 3:33 PM TO: Justin Barker Subject: Re: 202 Lone Pine PUD amendment Attachments: Duncan site-parking plan 07may13.pdf Justin, Attached, please find a PDF file (8 1/2 x 11) with a partial site plan showing the proposed parking arrangement for 202 Lone Pine Road to get the 15 spaces required. We will park 3 cars inside the revised garage and a 4th car in the southwest corner of the concrete driveway. This way we maintain the existing four parking spaces related to Unit #1 on the LCE (Limited Common Element) that belongs to Unit #1 on the south side of the building. The remaining 11 spaces will be located in the GCE (General Common Element) lot to the east of the building. Currently the site plan & survey 7 space on the west side of this lot, but looking at the city's requirements (26.515.020) I seethata standard off-street parking space needs to be 8 1/2' wide by 18' long. Using this width, we can get 8 spaces where there Are currently 7 spaces. Also the resident currently parallel park along the east (street side) of the lot. I am showing 3 - 4 21' long parallel spaces here. Please review and let me know if this layout will work. Also, are there any issues other than the parking that are of concern to you approving our amended PUD? Thanks, Bob Mehall Robert Mehall/ARCHITECT, Inc. Post Office Box 5506 Snowmass Village, CO 81615 t/f: 970.923.8946 On 5/7/2013 11:17 AM, Justin Barker wrote: Hi Bob, I have been looking over your application for a PUD amendment for 202 Lone Pine in the Mocklin Subdivision. Ordinance No. 35, Series of 1995 states that 15 parking spaces were approved under special review from the Planning and Zoning Commission. This numbercannot be reduced, and currently there aren't even 15 spaces (It looks like there are only 11 total designated spots, 7 on the side and 4 in the garage). Parking in front of the garage does not count toward that number for a multi- family building. 1 In order forthis application to tie reviewed administratively, then the numner of designated parking spaces roust be brought back into conformance. Otherwise this project will have to be reviewed by a board if you would like that number of spaces to be reduced below 15. If you have any questions about this please feel free to contact me. Justin Barker, LEED Green Associate, CNU-A Planner Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2797 www.aspenpitkin.com jLEED IGREENI 1 - I .4 1 ASSOCIATE 1 Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future. and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 2 - - 1. 1 f 1 1 fl 1 1 i L _rE 07/-047/13Â£ 4,4'f-/1 VACE # 9 \ MOCKLIN CONDOMINIUM BUILDING GCE 5FACE #13 2 STORY WOOD FRAME - STUCCO CONSTRUCTION 9/\dE #6 1 GARAGE FINISHED FLOOR UNIT# 1 = 7910.0-SITE/100'-0" - ARCH IiI UNIT # 1 1 8 5FACE # 7 9*LE #3 yACE # 2 6PACE * 1 L_J 5FACE # 8 '40 0 5FACE #14 21'-0" x 9'-0" 1 l- 2 2 5 6.//Vi f 4 5FACE # 9 GCE 4 6't791q 4, 919 #10 \ h /1,/ I 61Â°ACE #19 %14.04 A,. ' N EFACE #11 U 6 -tr ///1 k.\ Liff. 3 -< LCE\U hiT 1 ' GCE h . Â·'4,Â·Â·,t #94, 4 ._ -~ V 1 r; P~J-r- 5FACE #12 94â‚¬</ .\~ G ,455)4 j \16 Â· j Â£-113 45 7 4-. :r-> GCE 'i '4744 lfÂ·k... 52 -t> f? c< OFACE #4 -21 112. J r .j U Â©13 Â·Â·-P -* 42, 1. * --4 U.h-'...,-% 49 41' P -1 7 - Â¢ 4% 7\51 friv- i 1 V â‚¬ u.fArM" :.-4 7.-Â¢ .1/1 //Â«/1 74 24> Â»~ 26 r \\\\\ F /,20 2 4 0 / 'I#. **Lit I uM~ , /0<IJ~ji -. n Â£110-t.1-n \ ,$Â«u j ye C r 9 491/ 1 , 9 A 9/ \ / 4/./ f \ 9-AC i f\\1 :ij c ) 61\ \J north 202 LONE FINE ROAP 07 MAY 13 - . I THE CITY OF AspEN Land Use Application Determination of Completeness Date: April 29,2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0027.2013.ASLU -202 Lone Pine Road, PUD Amendment. The planner assigned to this case is Justin Barker. J Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~]*i~ Your Land Use Application is complete: r If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, e---Y 4-~4(Â»fth--UÂ« htefinifer Pti~lah, Deputy Director City o f Aspen, Community Development Department - For Office Use Onlv Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes- No-~_ Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes - No-7K-- Commercial E.P.F. Â·Â·A 002:7Â· 20 ks - As RECEIVED APR 2 2 2013 ATTACHMENT 2 -LAND USE APPLICATION CITY OF ASPEN PROJECT: Name: &64 *<76% - 24 gATEÂ·\ COMMUNITY DEVELOPMENT [Â»c :~Li on: 1%-LV-84 20Â«1 - O VI~ft-* Ap" Akwiliâ€¢ W o (Indicate street address, lot & block number, legal description 4here appropriate) Parcel ID it (RF.QUIRKD) 0277~277 Â· 6-775 Â· 16+ Â· O c> 1 Arm.1(~ANT: Name: (10 A.yA /1/6.epâ€¢.elt liC - . irlkâ€¢ fcâ€¢Ic. Address: 04 44% PRd.9 (3~l. [1~-*4-9,140*1-*,11< 778 2-4 Phone#: 1IS . 8 2-9.19 + REPRFSENTATIVE: Name: 80 6 Alt 11 - 4rk-Ale,144 1.-/Agot tmor; bu. Address: f o Bor 6606 4610\UwAR,5 9; 119â‚¬-,CO Zt(G /22 Phone #: 9 70, 923. 244<0 bob@ r Mo:rchi terÂ·+ Awl- TYPE OF APPLICATION: (please check all that apply) E GMOS F.xemption U Conceptual PUD E Temporary Use 01 GMOS Allotment [F~ Final PUT) (& PIJD Amendment) 1 Text/Map Amendment El Special Review E Subdivision U Conceptual SPA U ESA - 8040 Greenline. Stream U Subdivision Exemption (includes E Final SPA (& SPA 9 Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane O Commercial Design Review U Lot Split U Small Lodge C onvel-sionf . Expansion U Residential Design Variance U i.ol I.inc Adjustment U Other: 8 Conditional Use EXISTING CONDITIONS: (description ofexisting buildings. uses, previous approvals. etc.) 6 Mit <ado kilaig w/ 1 *0Â£*AUt- 89- (fl ) 4 7Â»,fkpe uK'iÂ·k.Ou+41 63 46.7 G#os' 4 SFACk m *1 3 lad Â· PRopos.u.: (description of proposed buildings, uses, modifications, etc.) Ceverf- 1 59 00-6&mce -1~ 61#4ble *fact ,cka,Â·g,0/y#*L tric-*AS Woduttle.( Â¥~te 4 4,9[1 46~'A"rf-/lu leÂ·,1 06- Gil# 1 Have you attached the following? FEES DUE: $ 21 Pre-Application Conference Summary E Attachment #1. Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form , Â® Response to Attachment #4, Submittal Requirenients- Including Written Responses to Review Standards / U 34) Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of al[ written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Vour pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: -funw 43/Ak -2.w Ar Api-~licailt: (315. 44*,N~MÂ¢ice, *1â€¢44, l,l,-C-- 1 ocation: COS- LAAâ€¢ fi,te_AU - ()Mit-*1,/>401,IN 24,,018 - A#ze. Zone District: AH/ fl)t) l ot Size: 20.2-/G 44). L 0.76% arag Lot Area: 9)410,6 SE./ 0.695 der# 3 (for the purposes 01-Calculating Moor Area. 1.01 Area ma> be reduced for areas within the high water mark. easements. und steep slopes. Please refer to the definition 01-1.ot Area in the Municipal Code.) Coniniercial net leasable: tristi/le/ -4.,k_..__Proposed: Aâ€¢ 01601 U Numberoiresidential units: Exisunr 8 ir011,).Ned: -__t LilkOAME_-_ Number of bedroom I roposed: 5 s: dlit:&-1 K.vi.maÂ·_~ -3_2 - , Proposed % of demolition (Historic properties only): 1.14/br DIMENSIONS: 1.loor Area: Airi,Â¥ting.~1,7 69___-.1//01,Â·able.Â· ~40%-_ Proposed.. -3.871 Principal bldg. height: Exi.~/ing. .,1 llc)11 Â£/b/e. /Popoxed. 146(,h"Â¥ Access. bldg. height: Exi.Wing.- Alhnvable: liÂ·exhed 14>j*~_ _ On-Site parking: Ah-ixting.- __14__ Required:.__19___- Proposed: tiOCk.N,- % Site coverage: Ari.x/ing.- Reqllired: Proposed.. 86 040,%* n, Open hpace: A.1-1.wing.- Required:-_ _60'4 -p . NOC413, Front Setback: Existing: Regilired: Rear Setback: Exi,r/ing: Regn ired: Propned: Combined 1Â·/R: Existing.- Reqitired: Side Setback: Exi.vine. Required: Side Setback: Existing.~ Required: Pro/)(,SCE/; Combined Sides: Exi.winr Required: Prof-YA IDistance Belueen Existing Rcciwij'i'cl: Png)(,Xec/f Buildings Existing non-contormities or cnet-oachments: Hont Variations requested: 161\â‚¬Â· RECEiVED 002 7 - 20-1 3 - Ail-1/1 APR 2 2 2013 CITY OF ASPEN A.Â·.Al.tr?.,1"; nrtir; An, H-uT COMMUNITY DEVELOPMENT DEPARTMENT ' r~~-~ Agreement to Pay Application Fees An agreement between the City of Aspen (-City-) and Prosertv Owner Eff: Casa Aspen Management LLC Phone No. 713.8252894 Email jduncan@jhdjr.coin Address of 202 Lone Pine Road, Unit #1 Billing 109 North Post Oak Lane #431 Property- Address' (subject Af Aspen, Colorado 81611 Houston, TX 77024 (Solid bills here) application) I understand that the City has adopted, via Ordinance No, . Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to deternuning application completeness. I understand that as the property owner that I arn responsible for paying all fees for this development application For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. . 0 Select Dept S flat fee for Select DepÂ¢ 0 S flat fee for . 0 0 Select Review S flat fee for Select Dept S flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application, I understand that additional costs over and above the deposit may accrue, I understand and agree that it is impracticable for City staff to complete processing, review. and presentation of silificient information to enable legally required findings to be macie for project consideration, unless invoices are paid in full The City and l understand and agree triat invoices mailed by tile City to the above listed billing address and not returned to the C.tv shall be Considered by the City as being received by me. I agree to remit payment w,trun 30 days of presentation of an invoice by the City for such services. Ihave read, understood. and agree to the Larid Use Review Fee Policy including consequences for nori-payment. I agree to pay the folio.ving irlitial deposit amounts for the specified hours of staff ti,110. I understand that payrnent 01 a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reirnburse tile City for the processing of my application at the hourly rates hereinafter stated. s 1,300 deposit for ho.Jfs of Common:ty Development Department staff time. Additional time 4 above the deposit amount will be billed'at 3325 per hour S ~ deposit for hours of Engineering Department staff time. Additional time above the deposit 0 amount will be billed at S265 per hour. City of Aspen: Property Owner: ~41:24 Chns Bendon Community Development Director N,iri ie.* .U)tliv M .C)Â£'Â·uc,- r ~t~ (L Title, City Use: 1300 f 4-4 r '1-4 Fees Due: S , ReceivedÂ· S January, 2013 Â· City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 cp Dll - 20 {'3 ~At>' th CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: March 12. 2013 PROJECT: Mocklin PUD REPRESENTATIVE: Robert Mehall, 970.923.8946 DESCRIPTION: The Applicant is interested in making some changes to condominjum Unit 1 of the Mocklin Subdivision, 202 Lone Pine Rd, which includes enclosing the space that is exclusive to Unit 1, thereby creating a separation from the mechanical equipment that is common to the adjacent units, and converting a parking space into the unit's net livable space. The Mocklin subdivision is an eight-unit residential multi-family building that consists of 7 affordable housing units and one free-market unit. Unit 1 is the free market unit within this building. The subdivision was originally built in 1996 (Final Plat Book 39, Page 92). The lot is zoned AH/PUD. The PUD requires 15 parking spaces to be maintained on-site, .40:1 FAR, and 60% open space. Staff believes these changes can be handled administratively through an Insubstantial PUD Amendment. The Applicant will need to respond to the criteria for Insubstantial PUD Amendments, section cited below. The Applicant will also be required to provide a letter of HOA/Architectural Committee approval for the intended changes. 0 ' Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures ''' 26.445.100 PUD Insubstanfial Amendments ... ~ Review by: RECEiVED â€¢ Staff for complete application APR 2 2 2013 â€¢ Planning Staff for Insubstantial PUD Amendment Review CITY OF ASPEN Planning Fees: Planning Review - $1,300 for four (4) hours 0 COMMUNITY DEVELOPMENT Total Deposit: $1,300 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: E Proof of ownershjp with payment. U Signed fee agreement. m Applicant's name, address and telephone number in a letter sjgned by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. E Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Applicatjon. E Total deposit for review of the application. E *copies of the complete application packet and maps: 2 large set of drawings. 8 An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. El Site jmprovement survey including topography and vegetation showing the current status. including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) - 402, Drawl? Set- E A written description of the F,..posal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. E Copies of prior approvals. 67 Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats, Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 61 Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. CASA ASPEN MANAGEMENT, LLC 109 N. POST OAK LN, SUITE 431 HOUSTON, TX 77024 713-825-7024 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81615 Dear Sir or Madam: I, John H. Duncan, Jr., have authorized Robert Mehall/ARCHITECT, Inc. to act on my behalf. The physical address of Casa Aspen is: 202 Lone Pine Road, Unit 1 Aspen, CO 81615 Robert Mehall's contact information is as follows: Robert Mehall/ARCHITECT, Inc. Post Office Box 5506 Snowmass Village, CO 81615 T/F: 970-923-8946 Please let me know ifyou need any additional information. Thanks. John H. Duncan, Jr. President Parcel Detail http://www.pitkinassessor.org/assessor. Parcel.asp'.'AccountNuniber Pitkin County Assessor Parcel Detail Information Assessor Propertv Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summan Parcel Detail I Value Detail I Sales Detail I Residential/Conimercial Improvement Detail Owner Detail I Land Detail 1 11!11)1og[Aph# Tax - Account - - Parcel -- I Property - 2012 Mill Area Number 1 Number Type ~ Levy r- - 001 : R016720 -I 273707384001' CONDO- - 32.325 1 Primary Owner Name and Address ICASA ASPEN MANAGEMENT LLC 109 NORTH POST OAK I.N #431 HOUSTON, TX 77024 Additional Owner Det:iiI Legal Description Subdivision: MOCKLIN CONDO Unit: 1 I Location Physical Address: 202 1.ONE PINE RD ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 2012 Property Value Summary I of 3 3/18/2013 11:32 AM Parcel Detail Ibtw://www.pilkin ssor.org/assessor/Parce l.asp?Account\Limber Actual Value Assessed Value Land: 0 0 improvements: 989.100 78.730 Total: 989.100 78.730 Sale Date: 10/17/2012 Sale Price: 950.000 Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/lnd Buildings: Residential Building Occurrence 0 Characteristics WOOD DECK: 1.115 TOP FLOOR AREA: 1.539 FINISHED GARAGE: 1.032 FIRAT FLOOR: 107 Total Heated Area: 1.646 Actual Year Built: 1968 Bedrooms: 3 Baths: 2 Finish Quality: GOOD MAINT 1.ocation Rating: TYP LOC Neighborhood: MOCK[.IN CONF)() Super Nbhd: EAST ASPEN CONDO Top oF Page Assessor Database Search Options Pitkin Countz I lonle Pace 2 of 3 1/IR,Al:11Â·:141.1 Parcel [Detail http://www.pitkinassessor.org/assessor Parcel.asp?AccouniNumber Pitkin County Assessor Parcel Detail Information Assessor Propertv Search I Assessor Subset Ouer> I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer lax Search Search GIS Map I li.IS-iÂ®lp Basic Buildinu Characterihtics I Value SuI11111:in Parcel Detail I Value Detail 1 Sales Detail 1 Residential/Commercial Inipi-ounnent Detail C)wner Detail I L.El,~I-)ctili[ I Photographs Tax Account Parcel 2012 Mill Property Type Area Number Number Levy 1-1()l.ISING 001 R016721 273707384002 31.3 Lb 1 1 17- Alj'Ill Primary Owner Name and Address MOCKLIN HOA 1.1.C PO BOX 807 ASPEN. CO 81612 Additional Owner Detail Legal Description ~Subdivision: MOCKLIN CONDO Unit: 2 I Location Physical Address: 202 LONE PINE RD AS PEN Subdivision: IMOCKLIN CONDO Land Acres: Land Sq Ft: 10 I of 3 3/18'2013 11:32 AM Parcel Detail http://www.pitkin- "hessor.orea.ssessor/Parcel.asp?Account\umber ' 2012 Property Value Summary Actual Value Assessed Value V - ... Land: 0~ 0 Improvements: 1 2 1 4.000 ~ 17.030 Total: 214.000 17.030 Nale Date: 8/28/1998 1 Sale Price: ~394.440 Additiolai Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: 1 Number of (Fomm/Ind 0 1 I Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 1.392 & Total Heated Area: 1.392 Actual Year Built: 1968 Bedrooms: 3 Baths: 2 Finish Quality:TYP MAINT I Location Rating: ITYP I.OC Neighborhood: MOCK[.IN CONDO Super Nbhd: ASPEN CONDOS 1-9.p--af 1.4129 AÂ»*Pr_ 1 111,119_45( %01.rell f .Mpt.i.(111% Bilkin_counÂ© 3 li)]lle Pace The Pitkin C ounty Assessor's Offices make every effort to collect and maintain accurate data. i Iouever. 2 of 3 : ie 1A1: 11Â·21 41A Parce| Detail http://wu, w.pitkinassessor.org/assessor, Parcel.asp?Account Number Pitkin County Assessor Parcel Detail Information Assessor Properly Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Receptioii Search 1 1-reasurer Tax Search Search GIS Map I GIS lIelp Basic Buililine Characteristics I Value Summan Parcel Delail I Value Detail I Sales Det:li] I Residential/Commercial illipl-ovement Del:iiI Owner Detail I Land Detail I Photouraphs Tax Account Parcel 2012 Mill Property Type Area Number Number Levy HOUSING 001 R016722 273707384003 32.325 A U 1 11 Primary Owner Name and Address MOCKLIN HOA LLC PO BOX 807 ASPEN, CO 81612 Additional Owner Detail Legal Description Subdivision: MOCKLIN CONDO Unit: 3 Location Physical Address: i202 LONE PINE RD ASPEN Subdivision: IMOCKLIN CONDO Land Acres: Land Sq Ft: 10 1 013 2 3/18/2013 11:33 AM i'arcel 1)etail http://www.pitkin essor.org/assessor/Parcel.asp?Accounth uniher 2012 Property Value Summary Actual Value ~ Assessed Value F. Land: F : 0 0 Improvements: 103.000 8.200 Total: 103.000 r 8,200 Sale Date: Â®28/1998 Sale Price: 394.440 Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind' 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 569 Total Heated Area: 569 Actual Year Built: ~1968 Bedrooms: 1 Baths: 1 Finish Quality: 'TYP MAIN'! 1.ocation Rating: TYP LOC Neighborhood: MOCKLIN CONDO Super Nbhd: ASPEN CONDOS top oF Patze Assessor Database Search Options Phkill Col!111\ 11()Ille Pace The Pilkin County Assessor's Offices make every effort to collect and maintain accurate data. I lower er. 2 of 3 7'IQ /10 1: 11Â·22 Al\Al Parcel Detail http://8 wu.pitkinassessor.org/assessor''Parcel.asp?AccountNumber Pitkin County Assessor Parcel Detail Information Assessor Propertv Search I Assessor Subset Querv I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Fax Seareli Search (; IS Map I UIS Ilelp Basic Building Characteristics I Value Suminary Parcel Detail I Vallie Detail | Sales Detail I Residential/Commercial Imprinement Detail (hfner Detail I Land Detail I Photographs Tax Account Parcel 2()12 Mill Property Type Area Number Number Levy HOUSING 001 R()16723 273707384004 0 1 -olD 11 11- AUTI 1 Primary Owner Name and Address MOCKLIN HOA LLC PO BOX 807 ASPEN. CO 81612 Additional Oriner Detail Legal Description ~Subdivision: MOCKLIN CONDO Unit: 4 Location Physical Address: 202 LONE PINE RD ASPEN Subdivision: IMOCKLIN CONDO ' Land Acres: Land Sq Ft: () 1 013 3/18/2013 11:33 AM I ateet uelati http://www.pitkin ./ e essor.org/assessor/Parcel.,isp?Account Number 2012 Property Value Summary Actual Value ~ Assessed Value Land: 0 0 Improvements: I 57.000 4.540 Total: 57.000 4.54() Sale Date: 8/28/1998 Sale Price: 394.440 _4411_41121 >a[CS_lkÂ®l Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 689 Total Heated Area: 689 Actual Year Built: 1968 Bedrooms: 2 Baths: 1 Finish Quality: TYP MAIN'I Location Rating: TYP LOC Neighborhood: <MOCK!.IN CONDO Super Nbhd: ASPEN ('()\DOS for Of ilig-q Assess-prl)311:thase hearch.QmiÂ®t Pitkin Counh Home Paize The Pitkin County Assessor's Offices niake everv effort to collect and maintain accurate data. llou-ever. 2 or 3 -2 /10 /ln 11 11., - 4,8 Parcel Detail http://www.pitkinassessor.org/assessor'Parcel.asp'.'AccouniN uniber Pitkin County Assessor Parcel Detail Information Assessor Properly Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search ~ [teasurer Tax Search Search (91 S \lap I (91% 112]2 Basic Bitildinu Characteristic, I Vallie Summal-\ Parcel Detail I Value Det:iii I Sales Detail I Residential/Comillercial iniprovenient Detail C)wner Detail I Land Detail I Hbulluilip.11% Tax Account Parcel 2012 Mill Property Type 4 Area Number Number Levv 1!OUSING 001 R016724 273707384005 32.325 AUTH Primary Owner Name and Address NOCKLIN HOA LLC PO BOX 807 . 7 ASPEN. CO 81612 Additional Ouner Detail Legal Description Subdivision: MOCKLIN CONDO Unit: 5 Ilf Location Physical Address: 202 LONE PINE ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 I of 3 3 18/2013 Il:33 AM l'arcel l)elall littp://www.pitki - essor.orgiassessor'Parcel.asp?Account\uniber 2012 Property Value Summary 1 1 Actual Value 1 Assessed Value Land: 0 0 Improvements: 57.000 4.540 4340] Total: 57.000 j i Sale Date: 8/28/1998 1 Sale Price: 394.440 A-(Uiti.clil:11_58Â».1) C lili_J Basic Building Characteristics Number of Residential ~ L Buildings: Number of â‚¬fomm/ind Buildings: Residential Building Occurrence 0 Characteristics F]RAT FLOOR: 677 Total Heated Area: 677 Actual Year Built: 1968 j Bedrooms: 2 Baths: 1 Finish Quality: 1<YP MAIN 1 1.0 cation Rating: TYP LOC Neighborhood: MOCKLIN CONDO Super-Nbh~.-~ASPIFY CONDOS [Ier..g.C.J.>ilge Asse<sor Database Search ()plic)gs Pilkin Count, 1 Iome Pate Ihe Pill in County Assessor's Offices make every effort to collect and maintain accurate data. I lowever. 2 013 7 '10 'li~ 19 11.7, A 1,1 Parcel Detail http://ww w.pitkinassessor.org/assessor Parcel.asp'?Account Number Pitkin County Assessor Parcel Detail Information Assessor Properly Search I Assessor Subset Query I Assessor Sales Seareli Clerk & Recorder Reception Search 1 Treasurer lax Search Search GIS Map I UIS Help 13:isic Buildinu Characteristics I Value Suminarv Parcel Detail I Value Detail I Kid-qs [).2.dil I ItesiCIelitial/Coillillercial illiproveniclit Detail 04 nei [)etai 1 1 1.2-lid [)-AU.]il I 1_llpic,gr:Al)-115 Tax Account Parcel 2012 Mill Propert)' Type A rea Number Number Levy 11OUSING 001 R016725 273707384006 32.325 AUTil Primary Owner Name and Address MIDDLETON IalliDERICKA 2509 TARRY11111 11 AUSTIN, TX 78703 Additional Owncr Detail Legal Description Subdivision: MOCKLIN CONDO Unit: 6 Â£ Location Physical Address: 202 LONE PINE RD ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 1 01 3 3/18'2013 11:34 AM Parcel Detail http://www.pitkin8-~'essor.org,'assessor/Parcel.asp?AccolintNumber 2012 Property Value Summary Actual Value Assessed Value 3 Land: 1 0 0 Improvements: 107.100 8.5301 Total: 107.100, 8.530 . Sale Date: 2/2/2010 Sale Price: 250.000 Additional %.ties Dictall Basic Building Characteristics Number of Residential i Buildings: Number of Comm/Ind ~ Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 683 Total Heated Area: 683 Actual Year Built: 1968 Bedrooms: 2 Baths: 1 Finish Quality: 7-YP MAINT 1.(,cation Rating: 1 YP LOG Neighborhood: MOCKLIN CONDO Super Nbhd: 'ASPEN CONDOS 15.?P_t.?_Ii !~iN /\->te.Â»-clidlumblls..c- Sgrg-!1-(lpl.if)115 Pitkin Colintz I lome Palle The Phi in County Assessor's Offices make every effort to collect and maintain accurate data. I lowever. 2 of 3 2 10 /OA 1 3 11.'1 A A /1 Parcel Detail http://www.pitkinassessor.org/assessor'Parcel.asp'?A ccountNumber Pitkin County Assessor Parcel Detail Information Assessor Properly Search I Assessor Subset Quer> I Assessor Sales Searcli Clerk & Recorder Reception Search 1 Treasurer Tax Search Search GIS Map I GIS Help Basic Buildinu CharacteristicÂ© 1 Value Summan Parcel Detail I Value Detail 1 Sales Detail I Residential/Commercial Iniprovement Detail Owner Detail I Land Detail I Plic).1(164-aphs Tax Account Parcel 1 2012 Mill Property Type Area Number Number Levy HOUSING 001 R()16726 273707384007 32.325 AU'ill Primary Owner Name and Address MOCKLIN 11OA LLC' PO BOX 807 ASPEN, CO 81612 Additional Ouner Detail Legal Description Subdivision: MOCKLIN CONDO Unit: 7 Location Physical Address: 202 1.ONE PINE RD ASPEN Subdivision: IMOCKLIN CONDO Land Acres: Land Sq Ft: 10 I o f 3 3 18'-2013 11:34 AM rarcel 1 Jetali littp://www.pitkinac sessor.org./assessor/Parce I.asp?AccountN uniher 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements: 47.000 1 3.7401 Total: 47.000 3.740 Sale Date: 8/28/1998 Sale Price: 394.440 Additional Sales Detail Basic Building Characteristics Number of Residential' 1 Buildings: 1 Number of Comm/lnd'O Buildings: j Residential Building Occurrence 0 Characteristics FIRST FLOOR: 386 Total Heated Area: 386 Actual Year Built: 1968 Bedrooms: 1 Baths: j Finish Quality: 1-YP MAINI 1 1.ocation Rating: TYP LOC Neighborhood: MOCKLIN CONDO Super Nbhd: ASPEN CONDOS 3*ES)_l-h -11-4 <b.t<ctio-r 110_lidi.ilic Hy__1.rell f)-plif,113 Pitkill Colilltv I lonle Paile 1 he Pitkin County Assessois Offices make every effort to collect and maintain accurate data. Ilou-ever. 2 of 3 1/152,"1A IC 1 1,2 1 A M/1 Parcel tjetall " http:// w w' u. pitkinassessor.org/assessor/Parcel.asp?Account Number Pitkin County Assessor Parcel Detail Information Assessor Propertv Search 1 Asse~sor Subset Ouer> I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer -121.\ Neill-Ch Search GIS Map 1 GIS Ilelp Basic Building Characteristies | Value Suilinlan Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Iniprovement Detail Owner Detail I Land Detai! I Photographs Tax Account Parcel 2012 Mill Area Number Number Levy Property Type HOUSING 001 R016727 273707384()()8 32.325 Al) 111 Primary Owner Name and Address MOCKLIN IlOA LLC ,PO BOX 807 ASPEN, CO 81612 Additional Owner Detail Legal Description Subdivision: MOCKLIN CONDO Unit: 8 Location Physical Address: 1202 1.ONIE PINE RD ASPiiN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 I ot' 3 3'18'2013 11:34 AM Parcel Detail http://uww.pitkina..essor.org/assessor/Parce].asp?AccountNumber =...'. I . 2012 Property Value Summary Actual Value Assessed Value Land:~ 0 0 Improvements: 47.000 3.740' Total: i 47.000' 3.740 1 Sale Date: ~8/28/1998 Sale Price: 394.440 Additional Sales Detail Basic Building Characteristics Number of Residential' Buildings: ~ Number of Comm/Ind Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 378 Total Heated Area: 378 Actual Year Built: 1968 Bedrooms: 1 BathR: 1 Finish Quality: TYP MAINT Location Rat ing: ' 1 YP 1.OC Neighborhood: MOCKLIN CONDO ' i Super Nbhd: ASPEN CONDOS Ji,)11.11-111.Lilge Assessor Littabase Xegligh Options Pitkin Countv 1 jonie P:lue 1-he Pitkin County Assessor's Oilices make every effort to collect and maintain accurate data. I lowever. 2 i , f 3 3 18'2013 11:7 AM 'arcel I-letail http://www.pitkinassessor.org/assessor/Parcel.asp'?AccountNumber Pitkin County Assessor Parcel Detail Information Assessor Propertv Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I 1 reasurer Tax Search Search GIS Map I GlS Help Basic Building Characteristics ~ Value Summary Parcel Detail I Value Detail ~ Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account ~ Parcel 1 2012 Mill Property Type Area Number Number Levy I J_~' __[_--_~ ~~- -1 E---COMMON - - 001 R020717 I 273707384999 ' 32.325 B i i AREA i Primary Owner Name and Address NOCKLIN HOA ' 'COMMON AREA 202 LONE PINE RD ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: MOCKLIN CONDO DESC: COMMON AREA ~ Location Physical Address: '202 LONE PINE RD ASPEN Subdivision: MOCKLIN CONDO Land Acres: Land Sq Ft: 0 I of 2 3/18'2013 11-35 AM Parcel Detail http://uwu.pitkinaÂ°Â°essor.org/assessor/Parcel.asp?AccountNumber - ' 2012 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements: 0 0 Total: 0 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: 0 NumberofComm/Ind Buildings: '0 No Building Records Found 1 op of Paile Assessor Database Search Options Pitkin Countv Home Page Fhe Pitkin County Assessor's O ffices make every effort to collect and maintain accurate data. I lowever. Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright Â© 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 2 of 2 3/18/2013 11:35 AMâ€¢ Peter Mocklin 97n0253668 p.1 LETTR FOR APPROVAL FOR MOCKLIN CONDOMINIUM UNIT ONE Date: February 04.2013. President Mocklin Home Owners Association: Monica Mocklin Manager Mocklin Home owners Association : Peter Mocklin Owner of Condominium One Mocklin Condominiums John H Duncan Casa Aspen Management LLC 202 Lone Pine Road Aspen, Co. 81611 We Have reviewed plans prepared by the office of Architect Robert Mehall for the renovation of unit one in Mocklin Condominiums Building 202 Lone Pine Rd. Aspen Co. Dated January 15.2013 and approve the plans. Mor~a Mocklin A.4,Ajn- 1 41 ts Pr~sident. Mocklin Ho~e Owners Association Date Ul . -1 jq~ - c Pi- I 1 3> President. Mocklin Condominium Association D ate Pe~ Mocklin 44 4 "\ 1,4. 1 3 FL ' gahaaer. Mocklin Home Owners Association D ate 1 42- ,-, 6 4.13 Manager. Mocklin Condominium Association Date stewart title Stewart Title - Aspen 620 East Hopkings Avenue Aspen, CO 81611 (970) 925-3577 Phone Date: April 26, 2013 File Number: 01330-24496 Please find the Ownership and Encumbrance Report that you requested. Thank you for choosing Stewart Title. Please feel free to contact me if you require additional information or would like to place an order with us on this property. Sincerely, *horized Countersignature Linda Williams Title Officer -142.'25* - , ., stewart title Stewart Title - Aspen 620 East Hopkings Avenue Aspen, CO 81611 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT Order No. 01330-24496 Date April 26,2013 Customer Reference: 202 Lone Pine Road Condominium Unit 1 Aspen, CO 81611 LEGAL DESCRIPTION: Unit 1, MOCKLIN CONDOMINIUMS, according to the Condominium Map recorded August 24, 1998 in Plat Book 46 at page 5 and as defined and described in the Declaration recorded August 24, 1998 as Reception No. 421013 COUNTY OF PITKIN, STATE OF COLORADO. APPARENT OWNER OF RECORD: Casa Aspen Management, LLC, a Texas limited liability company Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of April 12, 2013: 1. A Deed of Trust executed by Casa Aspen Management LLC, to the Public Trustee, to secure an indebtedness of $570,000.00 in favor of Amegy Bank NA recorded October 19,2012 as Reception No. 593217. The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage of lien. t: i.4 . -.......... A00nzed Countersignature Linda Williams Authorized Representative of Stewart Title Order Non 01330-24496 Page 1 of 1 Written OE Report STCO RECEPTION#: 593230, 10/19/2012 at 1 :34 PM, 1 OF 2, R $16.00 DF $0.00 Janice K. Vos Caudill, P n County, CO WARRANTY DEED State Doc Fee $9500 THIS DEED is dated the 18th day of October, 2012, and is made between Peter Mocklln and Monica M. Mocklin (whether one. or more than one), the "Grantor" of the County of Pitkin and State of Colorado and Casa Aspen Management, LLC, a Texas Limited Liability Company (whether one, or more than one>, the "Grantee'; whose legal address is 109 Post Oak Lane, Suite 431, Houston, TX 77024 of the County of Harris and State of Texas. WITNESS, that the Grantor. for and in consideration of the sum of Nine Hundred Fifty Thousand Dollars and No Cents ( $950,000.00 ), the receipt and suffidency of which is hereby acknowledged, hereby grants, bargains. sells, conveys and confrms unto the Grantee and the Grantee's heirs and assigns forever, all the real Property , together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: See Exhibit "A" attached hereto and made a part hereof also known by street address as. 202 Lone Pine Road, Condominium Unit 1, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents. issues and profits thereof. and alt the estate, right, title, interest, claim and demand whatsoever of the Grantor, either In law or equity. of, in and to the above bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Graf* and the Grantor's heirs and assigns, does covenant grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns. that at the time of the ensealing and delivery of these presents, the Grantor is well setzed of the premises above descnbed: has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple. and has good right, full power and lawful authority to grant. bargain, sell and convey the same In manner and form as aforesaid, and that the same are free and clear from ati former and Other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2012 and subsequent years: and those specific exceptions described by reference to recorded documents as rellected m the Title Documents accepted by Grantee{s> m accordance with Section 8,1 CTitle Review) of the Contract to Buy and Sell Real Estate relating to the above described real proper'ty, distribution ut#/ty easements (induchng, cable TV), those specmcauy described nghts of third parties not shown by the pubbc records of which Grantee(s) has actual knowledge and which were accepted by Gantee<s) in accordance wjth Section 8 2 (Matters Not Shown by the Pub#c Records) and Section 8.3 (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described mal property, inclusion of the Property wfthin any special taxing district, the benefits and burdens and of any recorded deciaration and party wall agreements, if any. And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, In the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully daiming the whole or any pan thereof. IN)NrfNESS WHE,Jt~)F, the Grantor has executed th f deed on the date set torth above C lk A1 Wl l,uÂ·/b u..0 Peter Mocklin Mon* M. Mocklin 0,1 5 0, Ae'EN Gr/' Cf i . 2 0,â‚¬1 7 PA; Â¥14' b G aâ€¢ f 0'.TF "18 State of Colorado'DAYE 85' MA '. 04*11 County of Pitkin 10|'4112. 144# 44 43Â· 0439>\ The foregoing instrument was acknowledged before me this ~-~ day of October 2012 by Peter Mocklin and Monica M. Mocklin NOTARY PUBLIC J Witness thant a 0*ial seal. cfuy(j~*3*Ri--1 C.' lic ./ ~.- RECEPTION#: 593216,10llÂ¥2012 _STATE_RESOLORADO Notah Public .0'- MY COMM. CXP 04/18/2013 My ~34 expires: 09:45:17 AM, Stewart Title File Number. 01330-12545 Page 1 1 oF 2, R $16.00 DF $95.00 Doc Code WD 932A WARRANTY DEED STCO Janice K. Vos Caudill, Pitkin County, CO RERECORD DEED TO SHOW CITY OF ASPEN TRAN~rÂ· Fre 54 y RECEPTION#: 593230, 10/19/2012 at 1 :34 PM, 2 OF 2, Janice K. Vos Caudill, Pitkin Count 0 EXHIBIT "A" LEGAL DESCRIPTION Unit 1, MOCKLIN CONDOMINIUMS, according to the Condom nium Map recorded August 24, 1998 in Plat Book 46 at page 5 and as defined and described in the Declaration recorded August 24, 1998 as Reception No. 421013 COUNTY OF PITKIN1 STATE OF COLORADO Stewan Title File Number. 01330-12545 Page 2 932A WARRANTY DEED STCO 9@ MA.ZZLb ~iÂ» Â¢*(< 4:1.-9*22141Â·T.:t .Â»>Â¥1*46'1Â£=20.... 04<0(: .... : AÂ·*'tO'Â·'*....:.**,3'jiÂ·i ~%437.Â·4; : <5,3,=*4-42': khÂ·Ve. *449*44*WMÂ·.715.,1 4 ., . - -r 08;.93(--5 L 'fellut?,1..Â»*KI,-444. ,Â· 2& 6.Wrie>~*544;FlfitsÂ«,: 31 . I COURSE ~:#.4.{T /'1. . 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' , '4,-1.-,- f / i'/Â· L.~*f3Â»9*49Â»p-il:-3 9.,- '4 U I. 1 t.'.rn a. 1 *&63.2.-1. 421,4.49..Z/AÂ»,t 414,-â€¢.1,Â·â€¢- 4-.71"91'li 1 $, $44.4 , i:. f.9 ~- 41\\A~-<4-~ 1 Â·# .N Â·on..Â· k .4 . ... 11 *'*,2 L,3. - ... u ,Â· e -411-1 Â¢ bi> ,. 211Â¥* 2 /0. F â‚¬ - .-' F itÂ· *..0 '.:..- . Câ€¢ - Â· , 0.0, .4 4 f -- ly ' /1 /,It :Jrbittjf,1~YA , 4,0.47.-.-- 4 :T.: ..f.Â· 4- 42&....44 .. :h 1 4..Â·fl--2 0) 92' ' fâ€¢Jes&$ ' * *J Lapx . h. .44- 1, 12Â·â€¢92 1.-14Â»t â€¢0 \ $. - '.1.4 . â‚¬YÂ«al 1 ;|rt. *fr.,. 3 ..4 , V<\ 1.6. . .... 4 , 1 9 C. :I ., 1 . t n, $- -./1 : I .1 22 :< ..3,>,/ I , I .. 6 .4 1 . , r. q Â·Â· P f/Â¥ #11'll 75 4, 1 \ . L 'â€¢ l L .. ..... . N . Â»0 A~'4**'- . .-r 1,1 - 0 . ' 11 1 Ill 1 ..., . *..... 3/95*ke Â·16 I 1,1 1 1, Ce - ~ - '' 4 \414 Ute. . .. 34*' r. , 4 . . 2.- I ---'... A /.,-in* i ''.., 1 *W i Â·M=- Wy- / 143. 111 1 1 '4>. -IM'-~--I.'.--Â·Â· N~. Â·d'~' " /; ~ 0~4 fi Â· ' ( ' ' I' ~'"NÂ·\.1 ' 5%;... -MnA . 1 11 7.Â¥,43~1'12'-q-'f~~:~ Z,Â·Â·~- ~.tr~Ij - 4 'Mr - 47 . 9 , L .L ....IR.,...4.941=%%:. 1 '-Â¥ L '.4-fi. 4 , fÂ°f ;pi & 41.4-4.1...1...2Â»064~Â«1 -Il< 4.)Â« 'i 311-~A F :' 2*k- lli:,1â‚¬/-3+UNÂ«4*04Â·*6294Â·3. & 'PI~t,f.Â¥.:; , i.. 7Â«4ft'',~(,' 9 3;Ic''J'it:, 4,421ff34,Â£Â«kititi~~401Â¢,3- -i1*.Â·.Â«49, Â» ,#.:#l . v:-*w Â·:SF*.Â·:lt,!Â·1 ,']i':klt,Aft/'4â‚¬41,:~5, Mâ‚¬~tf*YlkÂ·3*,. 7, IL> 0 f,%....4 '- Il Il 'I { Il VICINITY MAP SCALE: 1" = 2000' GENERAL UTILITY NOTE: lili robert mehall ARCHITECT memorandum to: City of Aspen/Community Development from: Bob Mehall date: 22 April 13 re: PUD Amendment Duncan Residence Remodel - Casa Aspen 202 Lone Pine Road, Unit 1 - Mocklin Condominiums Aspen. Colorado rhis project will remodel the only free-market unit in an 8 unit multi-family building built in two phases at the end of the 1960's. The other 7 units are employee units controlled by the local housing authority. Unit 1 occupies floor space on all three levels of western half ofthe existing wood framed three-story building. We have previously submitted for a permit (0015.2013.ARBK) that calls out remodeling the interior finishes of the Upper Floor. We would also like to remodel the Ground and Lower Floors of Unit 1. Ground Floor - Sheet A2.2 Currently, the ground floor of Unit 1 is an Entry Foyer and a 4-car garage with a toilet room and storage room. I'he owners would like to convert one stall/bay (tile western most stall adjacent to the Entry Foyer) of the Garage to habitable space which would function as a Mudroom as well as a connector to the Lower Floor. We would relocate the existing toilet into a new en-suite bath (room 107 on the plans) for the existing storage room which would now be a Bedroom (Bedroom #1, room 106 on the plans). To the south of this new bathroom we would create a new Laundry Room (room number 105), currently the Laundry facilities are located on the raised step portion in the northwest corner ofthe existing Garage. Also off the new Mudroom (room 103) we would add an Office (room 104) to replace that function. And the existing stairway to the Lower Floor will remain (rebuilt to meet code) The northeast corner of the Garage currently has the main electrical panel servicing the entire building as well as a stairway down to the lower floor which contains the mechanical equipment (boiler & water heaters) for the eastern half of the buildingÂ·(3 units of Phase l). Our plans call out for a new dividing wall to close the stair and electrical panel otl from the remainder of the Garage. This area (Common Area #3/room 100) would still allow access to the shared mechanical equipment below. while affording privacy and security for the personal belongings of the owner of Unit 1. Outside. we are proposing a new platiter over the small portion of space where the Lower Floor extends out past the south wall of the Ground Floor at the new Mudroom. To the south of the planter we are proposing a new 3- tiered window well to provide light ventilation and emergency egress to the Lower Floor. To the south ofthe window well we are showing a new brick paved area at the current concrete driveway. This brick area leads to a new brick paved Entry Porch leading to the redesigned front /entry door. The porch also includes a brick bench and guardrails as required by code at both the east and west sides. Lower Floor - Sheet A2.1 Currently, the lower floor is one open space with the mechanical equipment (boiler & water heater) for the western half of the building (5 units of Phase 2) in the northwest corner. We are proposing to relocate and replace (original boiler - 1964) the existing equipment to a space (Common Area #2/room 002) that would be accessible from the existing mechanical room (Common Area #1/room 001) of Phase 1 noted above. This location also puts the boiler under the existing boiler flue which runs straight up through Unit 1. post otlice box 5506 snowmass village colorado 81615 t/f:970.923.8946 bobÂ»marchitect.net 4 e robert mehall ARCHITECT As mentioned above we are proposing a new window well to open up a portion of the south wall of the lower floor to make a new Family Room (room 004) with windows for light, ventilation and emergency egress. Also in the new Family Room, we are showing a new bathroom (1.ower Bathroom/room 003) and Wet Bar along with bunkbeds. Iii conclusion, we would like to address the conditions of Insubstantial Amendments (section 26.445,100 A): 1. A change in the use or chatÂ·acter ofthe development. - Still a single-family unit in a multi-unit building. 2. An increase hy greater than three percent 0%) iii the overall coverage of structures on the land. - New window well to be located iii existing driveway, so no change. 3. An> aniendment that substantially increases trip generation rates ofthe proposed development or the demand fur public facilities. - Still a single family unit in a multi-unit building. 4. A reduction by greater than three percent (3%) of tile approved open space. - No change in open space 5. A reduction by greater than one percent ( 1%) ofthe off-street parking and loading space. - While we will lose one parking spot with the elimination of the 4'll garage bay, the entire driveway on tile south side of the building belongs to Unit 1 and any parking related to Unit 1. will occur in this driveway/Auto Court. 6. A reduction in required pavement widths or rights-of-way for streets and easements. - No change requested or needed. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. - not applicable. 8. An increase by greater than one percent ( 1%) in the approved residential density of the development. - No change requested. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the pr(tiect's approved use or dimensional requirements. - No change requested, still a single-family unit iii a multi-unit building. post office box 5506 snowmass village colorado 81615 t/f: 970.923.8946 bob<,i*narchitect.net 14. ..1.0.---#V 388441 B-802 P-755 12/20/95 09:49A PG 1 OF 10 REC DOC NE SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 51.00 ORDINANCE NO. 35 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION, MAP AMENDMENT, AND VESTED RIGHTS STATUS FOR THE CREATION OF SEVEN SUBDIVIDED PARCELS AND THE REZONING OF THE SEVENTH PARCEL FROM RESIDENTIAL/MULTI-FAMILY(A) TO AFFORDABLE HOUSING, LOCATED AT 0202 LONE PINE ROAD, ASPEN, COLORADO. WHEREAS, the applicants, Peter and Monica Mocklin, have submitted an application to subdivide their property, 0202 Lone Pine Road, and to rezone the seventh parcel from Residential Multi- Family (R/MFA) to Affordable Housing (AH); and WHEREAS, the applicants, also request vested property rights; and WHEREAS, the applicants, also request special review for the establishment of openÂ·space, parking, and amended floor area ration as required in the AH zone district; and WHEREAS, the Planning and Zoning Commission (Commission) reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A) (5) (b) of the Municipal Code and did conduct a public hearing thereon on June 6, 1995; and WHEREAS, upon review and consideration of the special review standards for parking and open space, and the necessity to establish the floor area ratio standard of the AH zone district with the existing parcel and development on the parcel as contained in Chapter 24 of the Municipal Code, to wit, Division 4 of Article 7 (Special Review); and WHEREAS, the Commission approved the special reviews for parcel 7 of the Mocklin Subdivision establishing 15 on-site parking spaces, approximately 60% of the site as open space as defined in 1 388441 B-802 P-766 12/20/95 09:49A PG 2 OF 10 the Municipal Code and an allowable floor area ratio of .40:1; and WHEREAS, upon review and consideration of the application for rezoning, subdivision, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 10 of Article 7 (Subdivision), Division 11 of Article 7 (Amendments to the Official Map) the Planning and Zoning Commission has recommended approval Of the Mocklin Subdivision application subject to amended conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision and rezoning 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 a public hearing; and WHEREAS, the City Council finds that the subdivision and rezoning meets or exceeds all applicable development standards and that the approval of the subdivision and rezoning with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That it does hereby grant a subdivision and rezoning of 0202 Lone Pine Road, to the City of Aspen, Colorado. 2 388441 B-802 P-767 12/20/95 09:49A PG 3 OF 10 Section 2: Pursuant to Sections 24-7-1001 of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the subdivision: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2. The subdivision is consistent with the purposes of subdivision which is to assist in the orderly and efficient development of the city and safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser. 3. The subdivision is well-planned and complies with the standards for the design of a subdivision. Section 3: Pursuant to the findings set forth in Section 2 above, the City Council does hereby grant subdivision approval for the Mocklin Subdivision subject to the following conditions: 1. Any costs for new public services that must be installed or upgraded shall be borne by the applicant including a sidewalk, curb and gutter if required. Existing overhead utilities entering the site shall be undergrounded. 2. Prior to the issuance of any building permits, the applicant shall submit a subdivision plat and site plan and Subdivision Improvement Agreement in accordance with Section 24-7-1004.C and D of the municipal code for review by the Engineering and Planning Departments and the City Attorney. The final Subdivision plat and agreement must be filed within 180 days of final approval or subdivision approval is void. The final plat shall also be submitted on a 3.5" diskette in DXF format compatible with the City/County GIS ArcInfo system. The base data for the parcel prior to subdivision shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits the GIS system. 3. The Subdivision agreement shall include the following: a. letters from all utilities that they have inspected and approved the final development plan; b. restrictions against future installation of fireplaces and woodstoves; 3 388441 8-802 -768 12/20/95 09:49A PG 4 OF 1, c. language restricting parking from the private drive and emergency access drive on Lot 3; d. language limiting signage to Dead End Street or Not a Through Street, signs that state private drive, private property shall not be permitted; e. financial assurances that are approved by appropriate City and utility staff prior to recordation ofÂ·agreement; f. recorded deed restrictions, subject to the regulations in effect at the time the deed restrictions are recorded, for the seven affordable housing units shall be effective when a building permit is issued or with.in 7 years of final approval of the subdivision by Council whichever is earlier, with the proviso that the deed restrictions may be released if circumstances change such as the subdivision plat and approval is made i.nvalid; g. a tracking mechanism to ensure that recordation of the employee housing deed restrictions occurs prior to the issuance of any building permits for individual free market homes; h. a list of the following categories that apply to the deed restricted units: Unit 2 - 1,470 sq.ft. - category 3 Unit 3 - 630 sq.ft. - category 2 Unit 4 - 690 sq.ft. - category 1 Unit 5 - 760 sq.ft. - category 1 Unit 6 - 760 sq.ft. - category 1 Unit 7 - 470 sq.ft. - category 1 Unit 8 - 370 sq.ft. - category 1 i. language stating that a deed restriction shall be recorded for Units 2 and 5 prior to the issuance of the first building permit for the free market parcels, followed by the remaining units according to size until the last and smallest dwelling unit has been fully deed restricted; 2. a floor plan of the existing units indicating the units 1-8 consistent with the square footage and representations; k. no tracking of mud during construction shall be permitted on city streets during construction; language stating that the subdivider hereby 1. acknowledges the sidewalk snow removal requirements of 4 388441 8-802 P-769 12/20/95 09:49A PG 5 OF 10 Article VIII in Chapter 19 of the City Code and covenants that, upon activation of the subdivision homeowners association, the association will immediately assume responsibility for snow removal for the Gibson Avenue sidewalk adjacent to the homeowners' properties and the future sidewalk on Lone Pine Road. This language shall also be included in the subdivision covenants; m. language stating that prior to the issuance of any building permits driveway/access site plans for each parcel shall be submitted for review to the Parks Department and Planning staff to ensure minimum disturbance outside of the building envelope for necessary access drives; n. a construction schedule that outlines completion dates for public improvements, general infrastructure, grading plans, planting schedule etc.; and o. security for public improvements and landscaping shall be provided to insure performance of construction of .public improvements and proposed landscaping. 4. The final Subdivision plat and plan shall include the following: a. all transtormer and utility easements; b. identification of new street lights; c. future sidewalk, curb, and gutter. The sidewalk must meet ADA access requirements (no steps), including the transition to the street; d. a detailed landscape plan approved by the Parks Department; e. revised building envelopes on Lots 1, 2, & 3 as submitted for Council's review August 28, 1995 and the revisions to the driveway/access (primarily in order to preserve to the maximum extent possible, the small aspen grove on the northeast corner of Lot 6) and Lot 3 as submitted for Council's review September 11, 1995. f. a note prohibiting parking in the emergency access drive on Lot 3; g. notes preventing future development, including without limitation landscaping (other than native vegetation), fencing, patios, decks, hot tubs, and all other development outside of the building envelopes to protect the natural landscape; and 5 I 388441 B-802 P-770 12/20/95 09:49A PG 6 OF 10 h. a grading plan and profile for the entrance to the subdivision and entire private drive. 5. Prior to the issuance of any building permits: a. tree removal permits from the Parks Department shall be required for the removal of any trees 6" in caliper or greater and any trees proposed to be saved shall be protected during construction, including no digging in the drip line; b. the applicant shall file, with the Environmental Health Department, a fugitive dust control plan and construction and soil moving plan that adheres to the Institutional Controls established for the Smuggler Superfund site and administered by the Environmental Health Department; C. a deed restriction for an employee dwelling unit shall be filed with the Housing Office. The deed restriction shall adhere to the Housing standards and guidelines in effect at the time of recordation; d. a storm drainage plan and landscape plan shall be reviewed and approved by appropriate City Departments; and e. building envelopes shall be staked to ensure compliance with restrictions of said building envelope. 6. Prior to recording the final plat: a. the applicant shall enter into an agreement with the Engineering Department to construct sidewalk, curb and gutter in the future; and b. the applicant shall determine if a RFTA bus stop easement is necessary adjacent to Lot 6 of the subdivision and location and size shall be indicated on the final plat. 7. Any irrigation system that is installed shall be incompliance with the Water Conservation Code. 8. The applicant shall maintain the historic runoff patterns that are found on the site. 9. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way. 6 388441 B-802 P-. - 12/20/95 09:49A PG 7 OF 10 10. At the completion of each phase of the work, the applicant shall submit a statement by a registered professional land surveyor that all required survey and property monuments remain in place or have been re-established as required by Colorado Revised Statutes. 11. Prior to issuance of Certificates of Occupancy for the various phases of the project, the applicant shall submit reproducible mylar as-built drawings of sidewalk, utility improvements, and all other work located within the public rights-of-way, showing horizontal and vertical locations within 1 foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within the rights-of-way. The as-builts shall be signed and stamped by a registered professional engineer. The as-builts shall also be provided to the City on a 3.5" diskette in DFX format compatible with the City GIS ArcInfo system. The base data for the parcel shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits the GIS system. The as-builts shall include the building footprints and site improvements. 12. All lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways and driveways will be low to the ground (approximately 3' in height) and shielded. 13. All work in the public right-of-way shall require a permit from the streets department. 14. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. 15. Creation of the six free market parcels shall be conditioned upon the deed restriction of seven of the existing dwelling to category 1 and 2 in compliance with the Affordable Housing Guidelines in effect at the time of recordation of the deed restrictions. 16. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 4: That it does hereby grant a rezoning for Parcel 7 of the Mocklin Subdivision Aspen, Colorado from residential multi-family (R/MFA) to affordable housing (AH) with the following condition: 7 388441 B-802 P-772 12/20/95 09:49A PG 8 OF 10 1. The existing floor area ratio, density and free market/affordable housing mix shall remain the same unless amended by a substantial amendment to the Mocklin subdivision approval. Section 5: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 4 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 6: All material representations and commitments made by the developer pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 7: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the Mocklin Subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which 8 388441 B-802 12'-77., 2/20/95 09:49A PG 9 OF 10 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 8: 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 9: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held irivalid 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 10: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 11: 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 12: A public hearing on the ordinance shall be held on the 2% f,Atlaul/' 1995 at 5:00 in the City Council Chambers, Aspen City Hall, Ai/in Colorado, fifteen (15) days prior to which hearing a public notiÂ·de of the same shall be published in a newspaper Of general 9 388441 8-802 74 12/20/95 09:49A PG 10 OF 10 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 -('0--1>day of 9-~7 , 1995. A ,&- John Bennett, Mayor 1 A'/3/ L-ruj 4 6-Â« kathryn ~/ Koch, City Clerk / FINALLY, adopted, passed and approved this //~~- day of J,Â£â‚¬15042-12.13 1995. 9 U.Â¥ (3- John Ben6ett, Mayor * Kathryn #~ Rodh, City Clerk U 10 . SUBDWISION AGREEMENT MOCKLIN SUBDIVISION 4 04 THIS SUBDIVISION AGREEMENT is made and entered Into this / - day of March, 1996, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and PETER and MONICA M. MOCKLIN (hereinafter referred to as "Owner"). WIINESSETII: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Final Plat of a tract of land situated within the City of Aspen, Colorado and more particularly described on Exhibit A attached hereto and made a part hereof by this reference (hereinafter referred to as the "Final Plat'), said property being hereafter designated as the "Mocklin Subdivision"; and WHEREAS, City has fully considered the Final Plat, the proposed development and improvement of the lands therein, and the effects of the proposed development and improvement of said lands on other adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Final Plat; and WHEREAS, under the authority of Section 7-1005(C and D) of the Aspen Municipal Code, City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by Owner. NOW, THEREFORE, for and in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Final Plat for recordation by the City, it is mutually agreed as follows: A. Zoning and Regulatory Aporovals. 1. Under and pursuant to Ordinance No. 35 (Series of 1995) adopted on September 11, 1995, the Aspen City Council granted subdivision approval for the creation of six single-family residential lots and one affordable housing lot in the Mocklin Subdivision. 2. On June 6, 1995, the City of Aspen Planning and Zoning Commission granted special review approval for Parcel 7 of the Mocklin Subdivision, establishing a parking 393680 06/14/96 09:17A PG 1 OF 21 REC DOC UCC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 106.00 4 requirement of 15 spaces, an allowable fioor area ratio of 0.40: 1, and an open space requirement of approximately 60 percent. 3. Ints 1 through 6 of the Mocklin Subdivision are zoned R-15A, Moderate Density Residential, and Lot 7 is zoned AH, Affordable Housing, subject to the condition that any change in the approved floor area ratio for Lot 7, or in the density or free market/affordable housing mix in Mocklin Subdivision, will require a "substantial" amendment to the Mocklin Subdivision approval. 4. The City Council exempted Lots 1 thrnugh 6 from growth management in exchange for the eventual deed restriction by Owner of seven of the eight free-market units in the existing Mocklin Apartment Building on Lot 7. B. Affordable Housing 1. Units 2-8 in the Mocklin Apartment Building on Lot 7 shall be deed restricted to APCHA income, price and occupancy guidelines and regulations in effect at the time of recording of each deed restriction, in accordance with the following schedule: (a) The deed restrictions for Units 2 and 5 shall be recorded prior to the issuance of the first building permit for a single-family residence on any of L.ots 1-6 in the Mocklin Subdivision. (b) The deed restriction for Unit 6 shall be recorded prior to the issuance of the second building pennit for a single-family residence on Lots 1 -6. (c) Unit 4 shall be deed restricted prior to the issuance of the third building permit on Lots 1-6. (d) Unit 3 shall be deed restricted prior to the issuance of the fourth building permit on Lots 1-6. (e) Unit 7 shall be deed restricted prior to the issuance of the fi fth building permit on Lots 1-6. (f) Unit 8 shall be deed restricted prior to the issuance of the sixth and final building permit on Lots 1-6. (g) If not sooner recorded in accordance with the above schedule, deed restrictions for all of Units 2-8 shall be recorded prior to the seventh anniversary date of this Subdivision Agreement. 2. Said Units 2-8 shall be deed restricted to the following affordable housing categories: 2 393680 06/14/96 09:17A PG 2 OF 21 Unit No. No. of Bedrooms Unit Size AH Category 2 3 1,470 sq. ft. 3 3 1 630 sq. 1 2 4 2 690 sq. 1 1 5 2 760 sq. ft. 1 6 2 760 sq. ft. 1 7 1 470 sq. ft. 1 8 1 370 sq. ft. 1 A floor plan of the Mocklin Apartment Building is attached hereto as Exhibit B and made a part hereof by this reference. 3. Upon the recording of each of said deed restrictions, an existing tenant in the newly deed restricted unit shall have the following rights: (a) If the tenant is an employee/qualified resident, and if the tenant also meets the "income and asset limitations" for the Category to which the unit has been deed restricted, all as defined in the APCHA guidelines then in effect, the tenant can remain in the unit for as long as he or she wishes. (b) If the tenant is an employee/qualified resident but does not meet the income and asset limitations, the tenant can remain in the unit for a period of one year following the date of recording of the deed restriction. (c) If the tenant is not an employee/qualified resident, the tenant can remain in the unit for the remaining term of the tenant's lease or for a period of 6 months following the date of recording of the deed restriction, whichever is shoner. 4. Owner reserves the right at any time and from time to time to apply to the City for approval of various possible modifications to the Mocklin Apartment Building on Lot 7, including without limitation 60 the creation of one or more affordable housing units in the existing garage on Lot 7 and the substitution thereof for previously deed restricted units or for units still to be deed restricted, (b) the incorporation of portions of said garage into one or more existing apartment units, thereby increasing the size thereof and reducing from seven to six the number of said apartment units that must be deed restricted hereunder, (c) without utilizing the garage, the increase in size of one or more of the existing apartment units, thereby reducing from seven to six the number of said apartment units that must be deed restricted hereunder, and/or (d) the creation of additional units. If any such approvals are ever applied for and granted by the City, Section B (1 and 2) of this Subdivision Agreement shall be amended accordingly. 5. Owner reserves the right to condominiumize the Mocklin Apartment Building in accordance with the applicable provisions of the Aspen Municipal Code then in effect. 3 393680 06/14/96 09:17A PG 3 OF 21 6. if Owner elects to vacate the Final Plat in accordance with the applicable provisions of the Aspen Municipal Code, this Subdivision Agreement shall automatically terminate and be of no further force or effect upon such vacation, and the deed restnction requirements contained in this Section B shall terminate as well. C. Subdivision Improvements 1. Prior to the issuance of the first building permit for a single-family residence on any of Lots 1-6 in the Mocklin Subdivision, Owner shall and hereby agrees to accomplish the following subdivision improvements: (a) Construction of the private access driveway from Lone Pine Road to Lot 1, and of the 5-foot wide hard surface walkway that parallels said access driveway, in accordance with the Utility Plan attached to the Final Plat. (b) Installation of a sidewalk along the portion of Lone Pine Road abutting on the Mocklin Subdivision, in accordance with the Utility Plan attached to the Final Plat. (c) installation of street lights in accordance with the Utility Plan attached to the Final Plat. (d) Installation of water, sewer, gas, electrical, and telephone utility lines in accordance with the Utility Plan attached to the Final Plat. (e) Undergrounding of the overhead power lines that traverse the Mocklin Subdivision, in accordance with the Utility Plan attached to the Final Plat. (f) Abandonment in place of the existing 6-inch A.C. water main on Lone Pine Road by cutting said main in two places and installing 90 decree bends at both cuts, in accordance with the Utility Plan attached to the Final Plat. Owner shall coordinate such work with the Aspen Water Department, and in the course thereof shall replace two existing fire hydrants (nos. 953 and 957). The City agrees to reimburse Owner in full for ali costs incurred by Owner in connection with replacing the hydrants, no later than 10 days following receipt of an invoice for such costs from Owner. 2. A construction schedule for the above-described improvements shall be submitted to the City Engineering Department at the same time that the financial guarantee described in Section D below is provided. 3. Owner agrees to complete the landscaping shown on the approved Landscape Plan (attached to the Final Plat) in as logical a sequence as possible in relation to the completion of the above-described subdivision improvements, but in no event later than one (1) year after the date of issuance of the first building permit for a single-family residence on any of Lots 1-6. Owner reserves the right to plant additional native vegetation within the Subdivision, as Owner may consider appropriate from time to time, without further approvals being required. Owner 4 393680 06/14/96 09:17A PG 4 OF 21 also reserves the right to amend the I.andscape Plan attached to the Final Plat, subject to review and approval by the City. 4. Within 90 days following completion of the subdivision improvements described above, Owner shall furnish to the City Engineering Department reproducible mylar as-built drawings of sidewalk/curb/gutter, utility improvements, and any other work located within public rights-of-way, showing horizontal and vertical locations within one (1) foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within said public rights-of-way. The as-builts shall be signed and stamped by a registered professional engineer, and shall also be provided to the City on a 3.5 inch diskette in DFX format compatible with the City GIS ArcInfo system. The base data for the property shall be obtained from the City/County data processing department to ensure that the subdivision DFX file fits the GIS system. 5. Also within 90 days following completion of the subdivision improvements described above, Owner shall furnish to the City Engineering Department a statement by a registered professional land surveyor that all required survey and property monuments remain in place or have been re-established as required by Colorado law. D. Financial Assurance In order to ensure construction and installation of the subdivision and landscaping improvements described in Section C above, and to guarantee 100 percent of the current estimated cost of such subdivision improvements, and to guarantee 125 percent of the current estimated cost of installing such landscaping improvements and of maintaining and replacing the same for a period of two (2) years after installation, which estimated costs have been approved by the City Engineer and are specifically set forth on Exhibit C attached hereto and made a part hereof by this reference, Owner shall provide to the City a financial guarantee in the form of a cash escrow, an irrevocable bond, sight draft or letter of credit from a financially responsible lender. Said guaranty shall be delivered to the City before Owner commences construction or installation of any of said subdivision or landscaping improvements, shall be in a form acceptable to the City Attorney and the City Manager, and shall give City the unconditional right, upon default by Owner, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall be given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release of the actual cost as documented by invoices for that portion of the improvements; provided, however, that ten percent (10 %) o f the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, an additional twenty-five 5 393680 06/14/96 09:17A PG 5 OF 21 percent (25 %) of the estimated cost thereof shall be retained until the laridscaping improvements have been maintained in a satisfactory condition for two (2) years. It is the express understanding of the parties that the procedure set forth in Section F below pertaining to the procedure for default and amendment of this Subdivision Agreement shall not be required with respect to the enforcement and implementation of this financial assurance and guarantee to be provided by Owner as set forth above and required by Section 7-1005(C and D) of the Aspen Municipal Code. E. Additional Requirements and Restrictions 1. Prior to the issuance of any building permits for the construction of single-family residences on Lots 1-6 of the Mocklin Subdivision: (a) The Lot owner shall obtain a tree removal permit from the City Parks Department for the removal of any trees of 6 inch caliper or greater, and any trees proposed to be saved shall be protected during construction, including no digging in the drip line. (b) The Lot owner shall submit a storm drainage plan for review and approval by the City Engineering Department. (c) The Lot owner shall stake the Building Envelope on the Lot to ensure compliance with restrictions pertaining to said Building Envelope. (d) The Lot owner shall submit a driveway access plan for review and approval by the City Parks Department and the Planning Department to ensure that the access driveway causes the minimum disturbance outside of the Building Envelope on the Lot. (e) The Lot owner shall pay a Park Dedication Fee to the City, calculated in accordance with the schedule set forth in Section 24-5.603 of the Aspen Municipal Code, as said provision may be amended from time to time. 2. Prior to the sale by Owner of any of individual Lots 1-6, Owner shall file with the Environmental Health Department a fugitive dust control plan and construction and soil moving plan that adheres to the Institutional Controls established for the Smuggler Superfund Site and administered by the Environmental Health Department. 3. Except for existing devices in the Mocklin Apartment Building, all solid fuel burning devices in the Mocklin Subdivision shall comply with Section 11-2.3 of the Aspen Municipal Code, as it may be amended from time to time. 4. Owner acknowledges the sidewalk snow removal requirements of Article VIn of Chapter 19 of the Aspen Municipal Code, and agrees that from and after its formation, the 6 393680 06/14/96 09:17A PG 6 OF 21 I . Mocklin Homeowners Association shall be responsible for snow removal for the sidewalks along the portions of Gibson Avenue and Lone Pine Road that abut on the Mocklin Subdivision. The Mocklin Homeowners Association shall be comprised of the owners of Lots 1 -6 of the Mocklin Subdivision, and Owner agrees to form the Association before Owner sells any of individual Lots 1-6. 5. Parking is prohibited anywhere within the platted emergency access easement within Lot 3. Lot 3 shall have the right to use said easement for purposes of ingress and egress to Lot 3. 6. No signs shall ever be erected which label the common access driveway off of Lone Pine Road as "private", or which label the Mocklin Subdivision as "private property" Signs saying "Dead End Street" or "Not a Through Street", or the like, shall be permitted. 7. No mud shall be tracked onto City streets during construction within the Mock-lin Subdivision. 8. During construction within the Mocklin Subdivision, construction activities shall only take place between the hours of 7:00 a. m. and 10:00 p. m., and noise shall not exceed maximum permissible sound level standards. 9. All work performed in a public right-of-way shall require a permit from the City Streets Department. 10. Any irrigation system that is installed within the Mocklin Subdivision shall be in compliance with the Water Conservation Code. 11. Owner and all future Lot owners shall maintain the historic runoff patterns within the Mocklin Subdivision. 12. Owner agrees for themselves and for all future Lot owners in Mocklin Subdivision to join any improvement districts which may hereafter be formed for purposes of constructing improvements in the Gibson Avenue and/or Lone Pine Road public right-of-ways. 13. All exterior lighting features within the Mocklin Subdivision shall face downward and shall be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways and driveways shall be low to the ground (approximately 3 feet in height) and shielded. 14. Owner agrees that all material representations made by Owner in the Mocklin GMQS, Rezoning and Subdivision Application, and during public meetings with the Aspen Planning and Zoning Commission and the City Council, shall be adhered to unless modified by the provisions hereof. 393680 06/14/96 09:17A PG 7 OF 21 7 . I F. Non-Compliance and Request for Amendments or Extensions by Owner In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If City Council determines that Owner has not complied within such time, 3 the City Council may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to , consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requiTement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Subdivision Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Subdivision Agreement, or 0 extensions of time as it may deem appropnate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time , periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. 8 393680 06/14/96 09:17A PG 8 OF 21 G. General Provisions 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Subdivision Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. 5. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Final Plat for Mocklin Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S. Galena Street Aspen, CO 81611 Peter and Monica M. Mocklin P.O. Box 807 Aspen, CO 81612 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described on attached Exhibit A and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. 9 393680 06/14/96 09:17A PG 9 OF 21 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COU)RADO, a municipal corporation ~4. {3.Â»--0-0:9+-- Mayor 1Uiu-â€žID J )4e-Â«__ Kathryn S. 1Â£*h, City Clerk APPROVED AS TO FORM: 3 ' 4 f in 6/ Â£ton (10 196 IB Mn John WorkitÂ« 'tity Attorney 1/t lili - OWNER: 111 *f~ r Pfr Mocldin cv Tes)/.A-4-*bh,~535*< CAL- C / Monica M. Mocklin STATE OF COLORADO ) )SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1-MU day of 21 -- , 1996 by John Bennett as Mayor and by Kathryn S. Koch as City Clerk of ime City of Aspen, Colorado, a municipal corporation. 71 11 1 1.. Witness my hand and official seal. 6Â£ C : My commission expires: A %17/41 ' 'OTA g, <;_ *Taklilt,Â£&, d. (2â€¢â€¢teL-, I C. C Notary0ublic 393680 06/14/96 09:17A PG 10 OF 21 10 STATE OF COLORADO ) )SS COUNTY OF PITKIN ) nAL. /'77,;,2~p foregoing instrument was acknowledged before me this 7 - , 1996 by Peter Mocklin and by Monica M. Mocklin. : Witness my hand and official seal. 1.' i ~ ~ ~*1*'comm\ssion =*rew.3 ) 6 1 9 9 e. OTAR M. 1 (skia.i.* I 3 0 c 0, i LÂ·----1)4n'/ n~~ 0 8 L \ 0 0, f (_Niy vuf 34. v. I 3680 06/14/96 09:17A PG 11 OF 21 16:79 1 ---- EXHIBIT A Ex, 1-1 M.:41' A PAR: 11 A: A tr.,ct of land sltuated in the Southwest 4 of Section 7, Township 10 South, k.i,ge 84 West of the 6(th Principal Meridian, more particularly described 36 follows Â®gliming .it u point whence the rencer 4 corner of SciÂ·Llon 7. lownship 10 South, 84 Webi of the 601 I'riticipal Meridian, bears N 59'57'54" E 1042.64 feel: thence S 17'11'30" E. 247.88 feet: - th.Â·nce S 89~20'00" E 181.86 feet: OuÂ·nce S 00'40'20" W 189.89 feet; thence S 84'20'00" E }14. 64 feet; thence S 15'31'27" 1. 777.34 feet: Lhent:C N 56'01'18" W MI.12 feet: thcace N 04'49'45" W JO].50 feet: Mience N 72Â®00'00" w ]00.03 lee[: l},ence N 79'05'00" W 50.25 feet: ilicire N 81'37'00' 4 ;06.DO fee:; thence N 70'35'00" w 98.72 feet: thence N 48'00'23' W 100.12 feet: thence N 27'51'48" E 404.48 feet to the point of beninning. PARCEL U: A tract of land situated in the NELL of the SW'Â£ of Section 7, Township 10 South, Range 84 West of the 6[h Principal Meridian, more fully described as follows: B:Kilining at a polnt whence the center i corner of said Section 7 bears N 45'28'51" E 948.45 feet; 1-hence N 00'40'00" E 24.84 feet to a point on the southwesterly right of way of 1.one l'jnc F.oad: ll,ence along sald right of way 105.56 feec along the arc of J curve to the right h.tÂ·--inK c :Â·031â€¢,8 of 256.76 feet und whole chord beurs S 27'18'07" E 104.82 feet; 1-lience S 15-31'27" E 127.21 feet along said right ot way; thence N 89'20'00" W 84.64 feet; thence N 00Â°40'20" E 189.89 feet to the point of beginning. t.r 395tzâ€¢50 06/14/96 09: 17 A PG 12 OF 21 393680 06/14/96 09:17A PG 13 OF 21 ,- 001./2 LINE - Rail ....Al I - 1 V Â«91 1 3' - 2-1- re Â£ N - 1- --- -- - - - te I . /./.1-=Â·c - -=f 97- *==â€ž 7= F:0=1 -'..71Â¥7 =C-=.1-7- ..1 11 1, 1--1~ L 1 'BEU ~â€¢1492 ~~ BiLâ€¢r ' 9,0 ~jECRMâ€¢:20|ltr) *â€¢1 421 F 01Â·11146 ./ C.Dil ~ 1 r. .---.--2 U . 1Â£.-11- ...;..1, i..,=rA I. Â· W .1 1- ri- --'. 1 1{2_(1.0 0.1 4 4 G. i \N./RF//7 r "LL I. k. t. It' e 11 LE. I ART Ne 1 --t -hE=99 9... 1 11 1" lu. i U..6 ADE, t=-1 MALTER -U â€¢,~ 43LP MASTER Btl) Al. ~' III 11/ING ARP A 1 | m 4 -47.- 13 Flttlp\- .-4* 11 fai n DEC . 11 r 1 3,01 V f . 0, 2 '-f f 24'/ -9121- 31 .4,1 12 16-- -- - -- J'." air r.j' SEGOD FLOOR FLOOR PLAN SC ALE 1/4' == 16 6,46Â·r Nil 1 nWH IM il 1Â»1 IFÂ©Â©010% 4% iftift 4%7[MEN [8Â© OL D)06Â© 0202 LONE PINE ROAD ASPEN COLORADO Ct * | DATE AUC. 33 b W<.--1/,1/3.2211* 393680 06/14/96 09:17A PG 14 OF 21 T 5 C F '.*'AMK. 49 1 1 CÂ»/6/316 2 ,' RErM/1 -4. Ir- 1 0 :01 11 li WNLDâ€¢ Wei_ OR 4 . 48 ff - 1 i ' F --Fâ€¢i-:*f =t==Lr- --Â·- ------ - " n-â€¢ANCE 4 Â»TTED INE- AER,I,Â·bl:--- 1 .Ae. .@ 2 ' -1 R _Il. I 1 .=e,LE**39-i*..t=/la *I.ip ' --- 1 . 1_ -1. ' 14 -â€ž, t. -T -Tr -~.:f - 4%1~ M# .-==. 1 L t. , 7,ti.-2 Sâ€¢kâ€¢-* WARLJ E,Tr IL I ** 4 APT Ne J Ir,j- - 6-1 IrlltÂ· 1 I APT Ng 5 /- 0 7 1 --2 .7-i CAWA C F 0.,1.AID .Crm.'11 -- -I tq ...:. APT N? 8 1 -/ 1 I -3-1 I. I ./ ' 11 IA 1 1 |~TCHE4~ M 31 PIG>E .Â£*-#/ 61 Etn " 4 E-1 ,/4 ' - -1 2 Ir . .6 - - --- ' 3 i 7 4 11_ .'.: 20.a-h, T- 4-1--,4= 5 1-4#fiRMT,111- - - - --- - ~ 1 '~1 1 430 â€¢'6 1- 4 h r m IL l RALf P 610 RM .11 ~ M RM. F. T.h ~21 stD + R 1 12 1 1 L 1 \\ 111â€ž1" h -1 Â£ t 1 I j 1 ma-1 , i . 1-~ r--1 ' --1 1 L----i-- r If?77?77Â¥~Fre'....<91 1 Alosw./ 9 1 -2-4 ~ ] L.3 .ul ~ Â·.W%& __ L_3 f i . 1 Ul 11 J 1-1 1 % G I -1 5'DZ-'ll 1 1 3.bEv.,44< ' .1 1 7/ . - I / JA - 24' 9 Â« P. LAWK SAE E T 49 2 i twr. p .1 1 Z r-- 74 6441'41-4~n['9'-3 '2' T li\P/9143~13[47 [6)4'9[1[4[.1[Illâ‚¬] 020~ .3.6 .N: Ro:o *se.Â·i .c oR... fia n n r r r -- 1 of 6 1 BATE AUG 33~ SIDI WARI 8,2. 22' 393680 06/14/96 09:17A PG 15 OF 21 1 1 D , 092.-i? U.-4 1 1 2214*5- - 1.-- -' .3.-,7 =-2-11 ' . lili 31 -96&/eyig SE D *M Lg e- 2 ~ || BED R. 1 M I 125 3.7.42'UYIJ M i .*- I.' BASS.ENÂ¥ 111 , 11 â€¢,rl.EN G ~~364, i 11 p 421: *.EFEET-j F ..... ccut>.3 r -7 u_ .i.. ill 4 J 'f--1 . IF L EÂ·1~ -.Â·nÂ·:..cy=L - --... 2 11- 1 1 - .....6 UY.Ne L-:r-=- 1.Â·: .Rf A JNne 6,LA~ 1 lor ~~ 1, trâ€žIG U liu... 3 :-92..-17~ EL= :22Â£ 4 ) '0.-1 #. 36 â€¢ c , wi.oc,w wek - FLOOR P.AN GARDEN LEVEL MAIE '/2 - f , 75' 041' _ r i lite Â«f DWkÂ· PM 1 ;l..,0.h..j) |LOIc= 9/i IN 3442 02)2 LOHE MNI RD ASPEN [DU)kAPO~ U 4-3 4, L 111,1, 1 -1 1 1 0, 1 bATE AU6 93~ $ Ull''U - J 6 - -*, I u_/ 1 ,Â£47 IANNER m. - 03/07/96DATE EXHIBIT C MOCKLIN SUBDIVISION INFRASTRUCTURE IMPROVEMENTS ENGINEER'S OPINION OF PROBABLE COST SANITARY SEWER IMPROVEMENTS SCHEDULE Â°A' ITEM DESCRIPIION QUANTITY UNIT UNIT PRICE TOTAL Mobilization 1 LS $1,000.00 $1.000.00 8" SDR 26 PVC 462 LF $30.00 $13,860.00 4' Dia. Manhole 6 EA $2,200.00 $13,200.00 4" PVC Service 6 EA $1,500.00 $9,000.00 8"Service Connection 6 EA $40.00 $240.00 Saw-Cut Existing Asphalt 50 LF $1.10 $55.00 Remove Existing Asphalt 20 SY $4.50 $90.00 Remove Existing Curb and Gutter 80 LF 53.00 $240.00 Replace Existing Curb and Gutter 80 LF $14.25 $1,140.00 Replace Existing Asphalt 4 TON 348.00 $192.00 Aggregate Base Course 18 TON 318.00 $324 00 Televise Sanitary Sewer 462 J 31 50 $693.00 Engineering Inspection 1 LS 34,500.00 $4,500.00 Traffic Control 1 LS $3,200.00 $3,200.00 Sub-Total $47,734.00 WATER IMPROVEMENTS SCHEDULE "B" ITEM DESCRIPTION QUANTITY UNIT UNIT PR'CE TOTAL Mob'lization 1 LS 31,000.00 $1.000 00 Saw-Cut Existing Asphalt 60 LF $1.10 $66.00 Remove Existing Asphalt 50 SY $450 $225.00 Replace Existing Asphalt 12 TON $4800 $576 00 Aggregate Base Course 16 TON $18.00 $288 00 8" Hot Tap Sleeve and Valve 1 EA $2,700.00 52 700.00 8" Wet Tap & Valve 1 EA 34,500.00 34 500.00 8" DIA 512 LF $32.00 $16,384.00 Fire Hydrant Assembly 2 EA 53,200.00 $6,400.00 8" Gate Valve 1 EA $625.00 $625.00 8" Bend 6 EA $150 00 $900.00 1" Copper Service Connection w\ Tap 6 EA $1,700.00 $10,200.00 1" Blow-off S3.200.00 $3.200.00 1 EA $750.00 6750.00 Traffic Control 1 LS Inspection Fees 1 LS $3,000.00 $3,000.00 Sub-Total $50,814.00 393680 06/14/96 09:17A PG 16 OF 21 ANNEA 03/07/96UA IE SUBDIVISION ROADWAY AND PARKING AREAS SCHEDULE "C' ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL Mobilization 1 LS $700.00 $700.00 Clearing and Grubbing 1 LS $3,200.00 $3,200.00 Unclassified Excavation 500 CY $5.00 $2,500.00 560 CY $6.00 $3.360.00 F 111 Aggregate Base Course 450 TON 515.00 $6.750.00 Hot Bituminous Asphalt 320 TON 340.00 $12,800.00 1 EA $250.00 $250.00 Signage $4.00 $9 300.00 2325 SF Concrete Sidewalk Aggregate Base Course 62 TON $15.00 $930.00 Hard Surface Walk 1 LS $3,684 00 $3 684.00 Sub-Total $43,474.00 NOTE Revegetation including placement of topsoil on road cut/fill areas has been included in the landscape cost estimate PRIVATE UTILITIES SCHEDULE "D" ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 LS $1.000.00 $1000.00 Mobilization Joint Trenching 1165 LF S14.00 $16,310 00 Holy Cross Contract 1 LS $15 500.00 $15.500.00 US West Comm Contract 1 LS $6,640.00 $6,640.00 KN Energy Contract 1 LS $2,200.00 $2,200.00 6 EA $2.700.00 $16.200.00 Street Light $7.00 490 LF $3,430.00 Street Light Electrical Service Sub-Total $61.280.00 393680 06/14/96 09:17A PG 17 OF 21 BANNER 03/07/96DATE - -- -- DRAINAGE IMPROVEMENTS SCHEDULE .Cll ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Mobilization 1 LS $700.00 $700.00 6" CMP 25 LF $20.00 $500.00 12" CMP 49 L-F $22.00 $1.078.00 18" CMP 75 LF $28.00 52,100.00 Rip-Rap End Section 5 EA $125.00 $625.00 1 000 Gallon Drywell 2 EA $3,200.00 56,400.00 -Type 2 Curb and Gutter 60 LF $14.25 $855.00 Aggregate Base Course 12 TON $15.00 $180.00 6' V-Pan w/ Fillets 20 LF $15.00 $300.00 Sub-Total $12,738.00 393680 06/14/96 09:17A PG 18 OF 21 IANNER 03/07/96DATE COST SUMMARY SCHEDULE TOTAL SANITARY SEWER LINE "A" 347,734.00 WATER LINE .B" $50,814.00 SUBDIVISION ROADWAYS AND "C" $43,474.00 PARKING AREAS PRIVATE UTILITIES "D" $61,280.00 DRAINAGE IMPROVEMENTS "E" 312,738.00 TOTAL $216,040.00 NOTE: TAP FEES HAVE NOT BEEN INCLUDED IN THE ABOVE PRICES 393680 06/14/96 09:17A PG 19 OF 21 -- March 1, 1996 Mr Sunny Vann Vann Associates, Inc. 230 W. Hopkins Aspen. CO 81611 RE: Mocklin Subdn,Â·a, 1 Dear Sunny, Pursuant to your reque. Ave pr, pared the following cost esttinate for the proposed landscaping at the abowÂ· r i't, renced project. These costs are based on 1996 contract unit prices adjusted for inflatioii to 1 997 The Mocklin Subdivision 1 -undscape Plan dated March 1, 1*6 has beer, i,.,l as a basis fbr this eitimate 1. 13 Cottonwood, 2- ; uniper (u $250/ea. $3.290 00 2. 21 Aspen, 2" calipct aÂ· S 1 50/c:i 3,1 90.00 3. 9 Dogwood, 5 gallon m 1.5/ea 315 00 4. 12,000 s.f. seed @ 124 f 1,440.00 5. Ill yards topsoil 0, 10 ;d 3,330.00 6. 12,000 s.f. finish giadinu @! .04/s f 48() 00 Total $11,965.00 Ifyou have any questi- (Â·i comments or should vou require tur-ther information please do not hesitate to Conflict ine Sincerely, -reme-- Thomas G Stevens 393680 06/14/96 09: i * PG , 0 OF 21 1 Â¢ ' 'Alil n, Bu:Il~,Â·v.(,Â·IlliÂ·I Â·\Â·I,iÂ·Il < i,h,I.:tl. D,11 1; ;,1,1 / EASPEN, COLORADO February 20,1996 Sunny Vann Vann Associates 200 East Hopkins Aspen.Colorado 81611 RE. Mocklin Property F.asement Dear Sunny: f . ['hank you for contacting RETA iii regards to a transit easement on the Mocklin property adjacent to Lone Pine Drive. After our sight visit to the existing RE r A stop, it appears that there is adequate space available within the current right of way for the construction of a bus shelter. This is based on the assumption that the area 15 feet back from the existing curb is in the publie right 01 way. Should this be the case, RFTA would not need an easement for the installation of a bus shelter. Since you are considering the installation of street lights and sidewalks along lane Pine Drive. with careful planning you could provide a great service to the residents ofthe neighborhood at no additional cost to your client. 1 fthe spacing 01-your proposed street lights could be done so that one is strategically located near the existing stop, it would greatly improve the sat* of those people using the bus stop at night. Second, if you could have the contractors responsible for the sidewalks and street lights contact RETA prior to construction. RFTA would like to discuss the possibility of installing conduit and pouring a pad while they are doing the initial construction. it could provide a substantial savings for the Agenc>. Once again. thank > ou for contacting RF'l A. Your willingness to work with RFTA is greatly appreciated. ifyou have ally questions, please feel free to give me a call. Sincerely. 12Â« \J -,c. Kenny Osier Director of Maintenance ec: D 13]ankenship D. Michaetson 393680 06/14/96 09:17A PG 21 OF 21 11 +Cr, 1..(,111,1 lili,c,Â·\.iâ€žÂ·:i Coh.r.t.i,â€¢MIN] 1,1 970Â·020-19'3 1Â·:ix 970Â·920Â·2+64 PROTECi'IVE COVENANTS FOR MOCKLIN SUBDIVISION AUGUST /O, ]998 ARTICLE I PURPOSE OF COVENANTS These Protective Covenants (-'Co,enants") shall govern and be applicable to that certarn rea] propertÂ¥ situated in the City of Aspen. Pitkin County, Colorado, known as Lots 1-6 (specificall> excluding Lot 7) of the Mocklin Subdivision as depicted and described on 1]ic Final Plat of Mocklin Subdivision (the "Final Plat") recorded in Plat Book 39 at Page 92 in the Office of the Clerk and Recorder of Pitkin County, Colorado (hcrentafter referred to as "Lots 1-6") It is the intention of Creeksione Aspen, LLC, a Colorado limited liability company. being the owner of Lots 1, 2.4,5 and 6, Mocklin Subdivision, and Peter Mocklin and Monica M. Mocklin, being ihe owners of Lot 3, Mocklin Subdivision (coilectively the "Declarants"). erpressed by their execution of this instrument. that the present beauty, views, and environment of the lands within Lots ]-6 be protecied. subject to the uscb and improvements permitted by this Instrument. in furtherance of these objectives, the Declarants hereby recite that from and after the recording of this instrument rn the real propert> records of Pitkin County, Colorado, the lands within Lots 1-6 shall he forever burdened and benefitted by and subject to d the following Covenan(s, to the extent set forth hercin, whtch Covenants shall ron with the title to all ofthc lands within Lots 1-6, Lot 7 of the Mocklin Subdivision is not burdened by these Covenants. r ) ARTICLE n DEFINITIONS As used in this instrument. the term "Lots 1-6" shall be deemed to mean and include Lots 1-6, Mocklin Subdivision. as depicted and described on the Final Plat of Mocklin Subdivision recorded in Plat Book 39 at Page 92 in the Office of the Clerk and Recorder of Pitkin County, Colorado, as sand Final Plal may be amended from time to time The term "Lot" shall mean and refer to each of Lots 1. 2. 3.4.5 and 6 as designated and described on the Final Plat The term "Association" shall mean and refer to the Mocklin Hoineowners Association. LLC. a Colorado limited liability company. its successors and assigns ARTICLE 111 MOCKLIN HOMEOWNERS ASSOCIATION The Mocklin Homeowners Association. LLC (the -Association") is being formed as a Co!orado limited liability company to manage the affairs of Lots 1-6 and lo own and manage Units 2,3,4,5,6. and 8 ofthe Mocklin Condominiums. There shall be onc membership in the Association for each of Lots 1-6. which inembership shall belong to lhÂ¢ record owner(s) of Â£he Lot. The membership appurtenant to a Lot shall automatically pass with fee simple title to the Lot Each Lot shall have one (1) vote in the Association. and shall bear an equal one-sixth (1/6) share of the common expenses of the Association. The Association shall have and may excrc!.se all of the powers and rights and duties of a Colorado hmited habillt> compan> forined under the Colorado Limited Liability Company Act. and shall be governed by the provisions of th< Operating Agreement of the Association and by these Protective Covenants 1111111 lilli 111111111111 lilli ill 1111111 111 lilli lili lili 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 1 of 11 R 56.30 D 0.00 N 0.00 PITKIN COUNTY CO ARTICLE 1V MOCKLIN CONDOMINIUM UNITS The Association wÂ·ill be tlic owner of Units 2,3,4,5.6 and 8 of the Mocktin Condominitims, pursuant to the Condominium Map of the Mocklin Condominiums to bc recorded, and the Declaration for Mocklin Condominiums to bc recorded (the ''Condominium Units" ) both in the real propert> rccords of Pirkin Count>, Colorado. Thc beneficial use of said Condominium Units, including the revenues derived therefrom and the related Condominium Association assessments. taxes and other costs and expenqes. shall be and herebv are allocated as follows Condominium Unit Lot 4 2 6 3 0 i TIle Association shall be obligated to deed-restrict said Condominium Units in accordance with the schedule and the affordable housing categories cstablished in Section B of the Subdivision Agreement for Mocklin Subdivision recorded at Reception No. 393680 (the "Snbdivision Agreement'), and may deed restrict one or more Condomintum Units at an earlier date in the discretion of the Association As Condominiurn Units become vacanl, and thereafter, the Association shall be obligated to rent the Condominium Units m compliance with the rent restrictions, the employee/qualified resident standards, and the income and asset hmilations set forth in the Pitkin County Affordable Housing Guidelines then in effect. Each time that a Condominium Unit becoines vacant the owner of the Lot to *hich thc beneficial use of that Condominium Unit is allocated as above provided shall have the first right 10 Gelect and place a qualified emplovee in that Condominium Unit If the Condominium Unit is not occupied bv a qualificd employee selected bv the Lot owner (or by the Association, if the I.ot owner does not wish to select an employee) within 45 days after the Condominium Unit bccories vacant. the Housing Authorit> will select the new tenant Al] leases of Condominium Units must bc for minimum 6-month terms ARTICLE V ASSESSMENTS 1. Assessments AN I.ol ov.ners shall be obligated to papÂ· Regular. Special and Individual Assessments imposed b>Â· the Managers of the Association. Regular and Special Assessinerls shall be borne and paid m equal shares b,Â· each of the six (6) Lots. Individual Assessments shall be borne and paid by the owner of a Lot to which a particular Condominium Unit is allocated Regular Assessments shall be levied annually. and ma> bc lawfully imposed for anj items ofcommon expense incurred by the Association, which may include, among other thingsÂ· expenses for maintaining, improving, landscaping and snowplowing the common access driveway. expenses for snow removal from the sidewÂ·alks along the portions of Gibson Avenue and L.one Pine Road that abut on Mocklin Subdivision, expenses for maintaining and improving common utility lines: expenses for contracting for. operating, or maintaining a security system for the residents of Lots 1-6 (in the discretion of the Managers), expenses of rhe Architcclural Committee. premiums for comprchensive gencrat liability insurance carried b> the Association. acconnting and legal crpenses of tlic Association. and anY other reasonable costs and expenses incurred by the Association in the furtherance of its legitimate purposes. The Managers may cstahliull (and collect as a Regular Assessment) contingency and reserve funds in such 2 111111111111111111111111 lilli 1111111111 Ill lilli lili lili 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 2 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO D,J~ 41.-ON amounts as It may deem appropriate from mne to time forÂ· the maintenance and improvement of the .minc>.. 1/vece <tr. e. '1. ..A n n other anticipated coct. ind expenSCK of the AgÂ©ociation The Managers shall also have the right to levv and assess Special Assessments for such capital improvements or other special expenses as may be deemed necessary or appropriate by the Managers Special Assessments shall uso be shared equally among all of the Lot owners. Finall>Â·. the Managers shall have the right at any time and trom lime to time to lev> and assess an Individual Assessment on the owner of a Lot to which a particular Condominium Unit is allocated, for purposes of obtaining reimbursement for an> Condominium Association dues and other costs and expenses Incurred bv ihe Association in connection with such Condominium Unit that exceed the rents received by the Association from that Condominium Unit All Assessments shall be due and payable 30 days following the date of levy by the Managers, UnleSs the Managers specificall> provide for a longer period in which to pa> a particular Assessment 2 Lien for Non-Panment of Assessments (a) All Assessments levied by the Managers against a particular Lot shall constitute a security interest and lien against such Lot superior (prior) to all other licns and encumbrances. excepting onl> (i) tax and special assessment liens on the Lots in favor of any governmental assessing unit, and (ii) all sums unpaid on a first mortgage of record (b) tfany Assessment shall rentain unpaid after the due datu thereof. such unpaid sum shall bear interest from anct after the due date thereof at the rate of eighteen percent (18%) per annuin. or at such other rate as may be established from time to time by the Managers, and the Managers mav impose a reasonable late charge on such defaulling owner to cover the extra costs and expenses involved in handling such delinquent Assessments. In addition. the Managers shall be entitled to collect reasonable attorneys' fees and costs incurred b> I in connection with an> demands ior payment and/or collection of delinquent Assessments and fines. To evidence such lien the Managers shall prepare a written notice setting forth the amount of such unpa,d indebtedness, the name of the owner of the Lot and its legal description Such a notice shall be signed by one of the Managers and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin, Colorado. Such lien may be enforced by the Association b> foreclosure on the defaulting owner's Lot in like manner as a mortgage on real propert> In any such foreclosure. the Lot 01,ner shall be required to pay the costs and expenses of such proceedings including all reasonable attorneys' fees The Lot owner shall also be required to pav to the Association an> additional Assessments or fines made against the Lot during the period of forcclosure. and the Association shall be entitled to the appointment of a receiver to collect rents to apph against unpaid Assessments and fines and costs The Managers. for the Association. shall have the power to bid on the Lot at the foreclosure sale and to acquire and hold. lease. mortgage and convey the same. The Association. at its election. and in addition to an>' other remedies it may have at law or in equity, may also sue an owner personally lo collect an)' monies owed the Association (c) Each Lot owner hereby agrees that the Association's lien on a Lot for Assessments as hercinbefore described shall be superior to the Hoinestead Exemption provided b> Colo. Rev. Stal. Ann Â§ 38-41-201, 01*21 (1971, asamended).and each Lot owner hereb> agrees that its acceptance of the deed or other instrument of conve>arice in regard to any Lot shall signify such grantee's waiver of the holnestead rights granted in said section of the Colorado statutes (d) An> recorded lien for non-pavment of Assessments or fines shall upon payment of all sums due thereon be released by recording a release of lien executed b> a Manager of the Association 1 11111111111111111111111 lili 1111111111111111111111 lili 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 3 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 0 314 ARTICLE VI , l#K[fla I ARCHITECTURAL COMMITTEE - <55 +U 1. Architectural Committee. Thc Architectural Committee shall be the Managers of the Association. The Architectural Committee shall have and exercise all the powers, duties and responsibilitics set out ~n this inslrument. 2 Approval bv Architectural Committee. No improvements of any kind. including but not ' limited co dwelhng units, garages. accessory buildings, swimming pools. hot tubs, tennis courts. ponds. parking areas. fences, walls, drivewa>s, antennac, satellite dishes. flag poles, curbs and walks. shall be crected. altered or permitted to reinain within Ims 1-6, nor shall any excavating. tree cutting. clearing or landscaping be done ~ithin Lots 1 -6, unless complete architectural, site development and landscaping plans and qpccifications therefor (Inchiding a complete list and, where required, samples or colors and matermls to be used) and a site plan with devations showing the location and oncntation thereof for such CrectIon or alteration or other activity are approved in writing by the Architect{iral Committee prior to the commencement of such work. Non-structural improvements or alterations to the interior of a residence. thal arc not visible from the extenor, shall not require Architectural Committee approval In addition. the Declaration for Mocklin Condoininiums provides in Section 3.8 thal the Architectural Committee of the Asmciation must review and approve in advance al! changes that may bc proposed from time to time to the exterior of the Mocklin Condominiums or to the Common Elements thereof, including without limitation' structural changes. changes in materials or colors, and landscaping changes. The Mocklin Condominium Unit owner or the Mocklin Condominium Asfociation proposing to make anY such changes shall submit complete architectural, site development and/or Landscaping plans and specifications therefor to the Architectural Committee for written approval prior to commencing any work thereon. All plans and specifications that are submitted to the Architectura! Commitice shall be signed for identification by the Lot owner or other person submitting the same. Thc Architectural Committee shall have the right to request whatever additional information, plans. specifications. reports and the like that it may decin necessary to evaluate ttic development proposal throughout t.hc approval and construction process ]n addition. the Architcctural Committee may (but shall not bc obligated to) adopt rules and regulations describing what mformation. reports, plans, specificalions and the like are required to bc submitled to the Arch,tectural Committee and outhning the review and approval procedure to be used h>, the Architectural Committee in the event the Architectural Committee fails lo take any action within 60 davs after complece plans and specifications have been submitted to It. then such submitted plans and specificalions shall be deemed approved All approvals or disapprovals shall require a majoriti vote of the Architectural Cominittee, and in the event of disapproval. the reasons therefor cha!,1 be specified The Architectural Committee shall liave the authoril, to require a 1.01 Owner to post a bond. letter of credit. or other acceptable collateral (i) as sccurity for the repair of any damage that maÂ¥ bc caused to the common access road or other property during the construction or alteration of unprovcments on a Lot, or Oil as necessary for the performance of landscaping commitments made by a Lot Ownon The Architectural Committee shall alsohave theauthority to retain an architect and/or engineer to assist (he Comrnitlee in the review process and to charge the costs thereof to the Lot Owner secking approwl 3 Variances. The Architectural Collimiltec mai. by an affirmative vote of a maiority of the mcmbers of the Architectural Committee. and following the mailing of at Icasl ten (10) days notice of the request for such variance to al! other Lot owners, allow reasonable variances as to any of the land use covenants and restrictions containcd in this instrument, on such tcrins and conditions as it shall l im 11111111111111111 lilli 111111111111111111 lili '111 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 4 of 11 R 56.00 0 0.00 N 0.00 PITKIN COUNTY CO require. No variance shall be granted which contravenes an) provisions of these Covenants required by any land use approvals obtained b> Peter and Monica Mocklin from the City of Aspen for the Mocklin Subdivision. or which violate the Citv of Aspen Land Use or Building Codes. 4. General Standards. The Architectural Committee shall exercise Its best judgment to see that all improvements. construction. landscaping and alterations within Lots 1-6. and all proposed changes to the Mocklin Condominiums. conform and harmonizc with the natural surroundings and with cristing structures as to extcrior design. materials, color. siting. height, finished grade clevations. and all other design features, and that they arc consistent with these Covenants. The Architectural Committee shall protect lhe seclusion and view of each homesite insofar as possible in the development of the Lots 1-6 pursuant lo these Covenants. and shall require such landscaping as the Architectural Committee shall consider reasonable and appropriate 5. Preliminar, Approval., Persons who anticipate constructing or altering improvements on lands within Lots 1-6. whether they alread> opin a Lot or arc contemplating the purchase of a Lot, ma, submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All picliminarÂ¥ sketches should contain suff-icient general information on those matters required to be in the complete archilectural arid site development plans and specifications to allow the Architectural Committee to provide an informed preliminary approval or disapproval. The Architectural Committee shall neverbe finally committcd or bound by any preliminan or informal approval or disapprow, 1 until such time as complete architectural and site development and landscaping plans. specifications. materials and colors arc submitted and approved. 1 he Architectural Committee ma> set a fee for this preliminary review service 6 Inadequate Architectural, Site Development or Landscaping Plans The Architectural Committee shall disapprove any architectural. site development or landscaping plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenams 7 Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to anv person or entity submitting any plans for approval. including anv owner or owners of Lots 1-6, by reason of anp action. failure to act, approval. disapproval or failure to approve or disapprove with regard to such plans. and the sole remed> of an aggrieved Lot Owner shall be for injunctive relief. The Architectural Committee shall have no habillty or responsibibly for any ropreseiitations made to any owner or prospective owner by an> third parties. The decisions of the Architectural CoininitteÂ¢ shall be governed b> these Covenants and an> rules or regulations dul> adopted bv the Architectural Committee pursuant to these Coveriants. 8 Written Records. The Architectural Committee shall keep arlied safeguard for at least hue (5) years complete permanent written records of all applications for approval submitted to it (including one set of all architectural and site development and landscaping plans so submitted) and of all actions of approval or disapproval and all other formal actions taken by il under the provisions of this instrument. ARTICLE Vll DEVELOPMENT AND USE REOUIREMENTS AND RESTRICTIONS 1 Ordinance No. 35, Subdivision Agreement, Final Plat All of Lotd 1-6 arc burdened by. and the owners of Lots 1-6 shall be bound by and shall comply with, all of the conditions, obligations, requirements and restrictions set forth in City Council Ordinance No. 35, (Series of 1995). the Subdivision Agreement for the Mocklin Subdivision recorded at Reception No. 393680, and the Final Plat recorded in Plat Book 39 al Page 92, as said instruments may be amended from time to time. in 1111111 lilli 11111111111111111 Ill 11'Ill' 111 lilli lili lili 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 5 of 11 R 56.00 0 0.00 N 0.00 PITKIN COUNTY CO the event of an>Â· conflicts between said instruments and thesc Covenants, the terms and provisions of said instruments shall govern and control 2 Drivewaps (a) A perpetual, non-exclusive easement and right-of-way 15 feet in width has been dedicated on the Final Plat for purposes o f access from Lone Pine Road to Lots 1-7 ofthe Mocklin Subdifision. and for underground utility lines. Thc maintenance, repair. snowplowing and further improvement of said common access driveway shall be the responsibilitv of the Ascocialion. All drivewÂ·ay repairs and improvements shall be made in a good anti workmanlike manner and in compliance with applicable laws. regulations and codes (b) Creckstone Aspen. LLC shall bc responsible for making initial Improvements to the common access dnveway. as set forth in the Subdivision Agreement. (c) Each Lot owner is responsible for constructing and maintaining the individual drivewai that serves the Owner's Bitilding Envelope. Before commencing construction ofthc driveway. the Lot owner must submil a drivewah access plan for review and approval by the elly Parks Department and the Planning Department to ensure that the drivewaY causes the minimum disturhance outside of the Building Envelope on the Lot 3 Air Qualitv Allsolidfuel burning devices on Lots 1-6 shait compt> with Section 11-2 3 of the Aspen Municipal Code, as it mav be amended from time to time. 4 Storm Drainage Plans At tile time a building permit is applied for on an> l.ot, the Lot owÂ·ncr shall submit a storm drainage plan to the City Engineering Department for review and approval. 5 Associalion Water Right%. The Association will bc the Owner of the Mocklin Ditch and the water rights appuriciant thereto. and will apply said water rights (to the extent legally and phisicall> available) to such landscape maintenance, pond maintenance, and other purposes on Lots 1- 6 (or some of them) as the Managers ina> determine to be appropriate from time to time. The Association's allocation of such rights shall provide for the delivery of a proportionate share of the available water 10 Lot 3 for pond purposes (ifan>') and for landscaping maintenance Thc Association shall also hame the authoritv to grant a license to the Mocklin Condominium Association to store and use water from the Mocklin Ditch for pond and landscaping purposes on Lot 7. In the event of the revocation or termination of that license. the Association shall be responsible for keeping the pond full on Lot 7 6 Radon Gas. Each Lot owner shall be responsible for testing for the presence of radon gas on the Lot. and for implementing anv remedumort measures that maj be required in connection . therewil]1 7 Animals. On Lots 1-6, household pets such as dogs and cats shall bc permitted. provided that dogs shall ar al! times be kept indoors when unattended. or positively controlled when being walked bv a person No horses. cattle. sheep. or other non-household pets. and no commercial raising, or commercial kenticling ofaninials of anv kind, shall bc permitted on any Lot. No household pets shall be kepl in unreasonable numbers. or cause an offensive amount of noise or odor, or otherwise become a nuisance to the owner(s) o fanother Lot or Lots If the Managers or a court determines thai sitch unreasonable number. offensive behavior or other nuisance exists. it may order that the number of mimals be reduced or that tlic offending animal(s) bc kept indoors or removed front the propertv. 8 Lighting. All extenor lighting fixtures within Lots 1-6 shall face downward and shall be shielded to eliminate the polential for glare or nuisance to neighboring properties. Lighting along the 6 1111111111111111111111111111111111111111111111111111111 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 8 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO walkways and drivew'a)'s shall be lov to the ground (approximatel> 3 fect An height) and shielded In addition. all extenor hghting within Lots 1-6 must be approved m advance by the Architectural Comrnittee. 9. Park Dedication Fee,4 Prior to the issuance of a building permit for the construction of a sizigle-famil> residence on a Lot. the Lot owner shall pay to the City of Aspen a Park Dedication Fee.9 calculated in accordance with the schedule set forth in section 24-5 603 of the Aspen Municipal Code. as said provision ma> be amended from tilne to time It), Compliance with Government Regulations. No lands within Lots 1-6 shail ever be occupied or used b>' or for an> structure or purpose or in an> manner which ts contrary to the zoning. sub)division. land use or building regulations of the: Cili of- Aspen. Colorado. validly in force from time to time. or any other applicable local. state or federal laBs or regulations. 1 I Enclosure of Facilities and Equipment; Trash Removal. All equipment facilities. and other unsightly items on any Lot shall be located within the Building Envelope on the Lot and shall be enclosed within a solid, covered structure, or fully screened from view. Without limiting the gencrably ofthe foregoing, the following specific restrictions shall also apph An>' truck. tractor. snow removal or garden equipment, and an> similar items, shall be kept al all times except L,hen in actual use. in an enclosed garage. Motor homes, trailers and boats must be kept iii enclosed garages, or stored in an area that is completely invisible (during ali seasons) from the other Lots. Any refuse or trash container, utility ineter. or other utility facilitv, satellite receiving dish for television or other signals. service area. storage pile. or area for hanging clothing or other household fabrics must be located within the Building Envelope and shall be enclosed or adequatel> screened from view by planting or fencing so as to be invisible from the other Lots. No lumber. metals, bulk materials. scrap, refuse or trash shall be kept, slored. or allowed to accumulate on any Lot, except building materials durtng the course of construction. and then only within the Building Envelope and only for such reasonable period of time as is neceSSan prior to the use or disposal thereof All rubbish and trash shall be prompity removed from the 1.01, and shall not be burned thereon 12. No Used or Temporary Structures or Mobile Home, No used. preuoush :rected, or temporary house. Structure. construction trailer. no non-permanent outbuilding. and (except as provided in Paragraph 11 above) no mobile or motor home shall ever be placed. erected or allowed to remain within Lots 1-6. except during construction periods anc! then onlY for construction purposes- and no dweiling unit shall ever be occupied in anp manner pnor to its completion No niobile or motor hoine shall ever be occupied overnight *bile located within Lots [-6 13 Completion of Construction. An> extertor construction activity upon any Lot shall bc completed and fullv cleaned up within 18 Inoliths from its commencement. 14 Road Damage Each Lot owner is responsible for and shall promptl> repair in a good and horkmanlike manner. am damage caused to the common access driveway during the construction of improvements or the installation of unlitÂ¥ lines upon or scning the owners Lot. or damage caused at an other time b, anÂ¥ schick belonging either to the owner or to the owner's family. guests, invitees. employees or contractors 15 No Business Uses, Ofrensive Activities, Nuisances or Signs. Except for the leasing of res:dential improvements. and such home occupations as may be permitted from time to time in the ione district bj the Aspen Municipal Code- no lands or structures within Lots !-6 shall ever be occupied or used for an> commercial or business purpose No noxious or offensive activil; shall be carried on or allowed al an)' tlme ,#ithin Lots 1-6, specificallY including without |Imitation the operation of snowmobiles. ATVs. or oft-road motorcycles (i e.. dirt bikes). Nolhing shall bc done or pernutted to be done at anv lime i# ithin Lot s 1-6 which Is a nuisance or which might become a 3 1111111111111111111111111111111111111111111111111111111 420513 08/11/1998 11:390 COVENANT DAVIS SILVI 7 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO nuisance by sight. sound, smell or otherwise to a Lot or a Lot owtier or occupant. And with the exception of onc ' For Sal:" sign of noimat ,;i.: 011 a t.vt, and 0,1. 3,11,11 646,1 indicutinr u street address. which signs most comply with City of Aspen sign regulations m effect from time to time, no signs or billboards shall ever be erecled or permitted to remain upon or within Lots 1-6 16 Firearms. Thc discharge or shooting of firearms 15 prohibited within Lots 1-6 17 No Mining, Drilling or Ouarrving. No mining, quarrving, tunneling. excavating. or drilling for substances -thin the carth. Inctu(ling waler. oil, gas. minerals, gravel, sand. rock and earth, shall ever be conducted or permitted upon or wnhin Lots 1-6. IX Roofs, Materials, Colors. No shimng or reflecting roofs or other surfaces or materials shall be used or permitted to remain on anv buildings or structures within Lots 1-6Â·. the e?acrio[ matenals used on such buildings and structures shall be limited to wood. stone. brick, adobe or stucco: roofs and truns can bc non-reflectivÂ¢ and non-shining metal, and the exterior colors uscd on such buildings and structures shall bc earth or natural wood tones that arc harmonious with the natural surroundings 19. Towers and Antennae. No towers or radio or telcvision antennac or similar communication equipment higher than 3 fect above the highest roof line of the struclure to which the, are attached shall ever bc crectcd or permilled within Lots 1-6, and all such towers, antennac and Sintilar cquipnient (excepting satellite dishes) must be attached to a residential structure 2(}. Tanks, No elevated tanks of anv kind shall ever bc crected. placed, or permitted to remwn within Lots !-6 AnÂ¥ tank used m connection with an; structure or activitv within Lots 1-6, including tanks for liu; storage of natural gas, fuel oil. gasohne, oil or water. shall be buried 21 Maintenance and Emergenci Access Easement. A non-exclusive easement for ingress arid egress is hercbv granted by Dcclarants lo the Association and to all police, sheriff, fire protection, .ambulance and other similar emergene> agencies or persons. now or hereafter serving Lot 1 -6 and its residents, to enter upon the common access driveway dedicated on the Final Plat. and upon the individual Lot drive'#avs. and 11 pon an>' other propertÂ¥ in Lots 1 -6, in the M wfu! performance of their duties and responsibilities ARTICLE Vill ENFORCEMENT ACTIONS 1 Enforcement Authoritv. Tlie Association. acting by and through tls Managers, and each Lot owner. shall have the right to prosecute an action at any time to enforce the provisions of these Covenants b> iniunctive relief. and shall also have the right to prosecute an action for injunctive relief and/or for damages b> reason of an, violation of these Covenants. The prevailing partÂ¥ in any action brought to interpret or enforce thesc Coveriants and/or for damages for a violation hereof shall be entitled to an award of US reasonable attorneâ‚¬s fees and costs incurred in connection therewith 2 Limitations on Actions In tIle event ani' construction. alteration. or landscaping work is performed itpon an, 01-the lands within Lots 1-6 10 violation of these Covenants. and no action ts commenced within one (]) year following completion of the work to restrain such notation. then m.junctive or equitable relief shaH be denicd, bul an action for damages shall still be available to any party aggrieved. This [imitation shall not apply to injunctive or equitable relief against other ;golations of these Cowlianth 1. Enforcement of Dedaralion for Mocklin Condominium, The Declaration for Mocklin Condominiums provides that the Association. acting hv and through ttS Managers, shall also have thc 8 1 111111 lilli 11111111111111111 Ill 1111111 111 lilli lili lili 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 8 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO right to prosectite an action al an>' time lo elli'orce the covenants. conditions and restrictions contained in that Declaration b, in.jur.ctive relief. and the right to prosecute an action for injunctive relief and/or for dainages b> reason of anÂ¥ violation of thal Declaration The Declaration further propides that the prevailing party in an, action brought bv the Association to interpret or enforce that Declaration and/or for damages for a violation thereof shall be entitled to an a;,ard of its reasonable attorney's fees and costs incurred in connection therewith ARTICLE IX GENERAL PROVISIONS 1. Benefits and Burdens of Covenants; Covenants to Run. All of the Covenants contained in this instrument shall be a burden on and appurtenant to the title do al! of the lands within Lots 1-6 The benefits of the Covenants contained in this instrument shall inure to the Association and to the owners from ttine to time of 311 of the L.ots and shall be deemed an appurtenance to the title to Lots 1- 6 The benefits and burdens of all of said Covenants shall run with the title to all of the lands to which such burdens or benefits have been made appurtenant 2. Term of Covenants Unless amended or terminated pursuant to Paragraph 3 below, thesc Covenants shall be perpetual. except that an> covenant to which the rule against perpetuitics or the rule restricting restraints on alienation mav be determined to be applicable shall onl> extend and run for the penod of the lives of Steve Keller. Peter Mocklin and Monica Mocklin. and their now living children, and the survivor of them. plus 20 wars 3, Amendment or Termination of Co,enantm Except as may otherwise be specifically provided herein, all or any part of these Covenants mav be ainended or terminated at any time by the recording in the Pitkin Count>'. Colorado real property records of a resolution of amendment agreed upon,executed and acknowledged by the then-current record owners ofal least four of Lots 1-6. Notwithstanding the foregoing. for so long as Peter Mocklin and/or Monica Mocklin owns an interest in Lot 3. no amendment to these covenants wÂ·hich has a matertal effect on the use, enjoyment, or cost of owning Lot 3 shall be effective unless the owner of Lot 3 consents thereto in writing. 4. Eminent Domain In the epent that all or part of a Lot is acquired bv eminent domain. the prousions of' Section 38-33.3-107 of the Colorado Revised Statutes shall appl) 5. Notice Each Lot Owner shall register its inailing address from time to time w'ith the Association Except as otherwise specificalh propided 111 these Covenants. an) notice permitted or required to be given hereunder shall be in writing and may be delivered either personallY, or bv facsinzile transmission. or b> mail Notices delivered personally or sent by facsimile transmission shall be deemed given oii the date so delivered or sent. H deliver> is male bi mail. it shall be deemed to hape been delivered two (2) business dals after a copy of the same has been posted in the first-class U S. Mail with adequate postage affixed. addressed to the receiving part> at the address last registered b, such part> with the Association, or in the case of a Lot Owner that has not provided such an address. to tlic address shown in the records of- the Pitkln Count, Assessor. 6 Guiernint: 1.aw; Jurisdiction The laws of the State of Colorado shall govern the interpretation. Falidith. performance. and enforcement of thesc Couenants. Ani legal action brought in connection with these Covenants shall be coinmenced in the District Court for Pitkin Count). Colorado. and bv acceptance of a deed to a Lot each Lot O,#ncr zoluntarllv submits to the jurisdiction of such court 7 Disclaimer Except as expressly ser forth In these Coveriants, no representations of anv kind. express or implicd, are given or made by Declarants or their officers, directors. agents or employees in connection with Lots 1-6 or an> portion thereof. or ani improvements thereon. or 9 1111111111111111111111111111111111111111111111111111111 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 9 of 11 R 56.00 0 0.00 N 0.00 PITKIN COUNTY CO physical features thereof. orthc fit ness thereof for an> purpose, or utility service thereto, or thc development potentiat thereaf or a np titanne: or uâ€ž,upt lance with the Aspen Municipal Code or applicable environmental or other laws or regulations, or with respect to the cost of owning. developing, enloving or maintaining arm; of the lands uithin Lots 1-6. 8. Severabilitv. Should ank provision of these Covenants be declared invalid or unenforceable by an> court of compctent Jurisdiction. such decision shall not affect the valtdity or en forccabilitv of the remaining Covcnants IN WITNESS WHEREOF. the Deciarants have erccuted these Protective Covenants as of the day and year firm above written CREEK NE~ASPEN, LLC. a Colorado limited liabi l~plompajiy / I C \ u V=:Wl( f . STA 1-It OF &14- Monh M Mocklin - ) SS COUNTY OF ~-~~M ) R , The f*Â·cgping 14.prective Covenants Here acknouledged before mc this ~ day of August, 1998. as a Manager of Creckstonc Aspen. LLC. a Colorado Minited hability â‚¬ympany. Witness mi harid and official -seal MF comnitision C\pire s C bohmo ..~#i~:41:1#",/'' 'h /P,ar) Public 01/1Â©2 f A. t. 1 . Or CO, 1111111 lilli lllili 11111111111 1111111111111111111 111 lili 420513 08/11/1998 11:39A COVENANT DAVIS SILVI 10 of 11 R 56.00 0 0.00 N 0.00 PITKIN COUNTY CO I 0 STATE OF COLORADO ) > SS COUNI-Y OF PITKIN ) rhe foregoing Protective Covenants were acknowledged before me this *_ dab of August, 1998. by Peter Mocklin and Monica M Mocklm. Witness my hand and official seal My cominission expires ~ct:*~k / (Sl: AL> t NA tioTARP .... % : Joy S. Hgam/Notmy P r, 1 1 % "06-,0 70 b My Commiggion exp,ret Â· .>,wr. Nolan Public 601 Eam Hopktilf U 0 Aopen, Coloradc 816Â·t 1 ' Â· OF c OLOI/Â· 19 A.... \SPEN 002121604 1 11111111111'11'1111111 lilli ll' 1111'11111 lilli 111 lili 420513 08/11/1998 11:390 COVENANT DAVIS SILVI 11 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO 11 DECLARATION FOR MOCKLIN CONDOMINIUMS AUGUST 21. 1998 1111111111111111111111111111111111111111111111111111111 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 1 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO TABLE OF CONTENTS ARTICLE 1 GENERAL PURPOSES, SUBMISSION, DEFINED TERMS 1.1 General Purposes 1 . 1.2 Submission of Real Estate 1 1.3 No Declarant 1 1.4 No Development Rights Reserved 1 1.5 Defined Terms o ARTICLE 2 BASIC DATA 2 2.1 Name of Common Interest Community 7. 2.2 Type of Common Interest Community 2 2.3 Name of Association 2 2.4 County in Which Common Interest Community is Situated 2 2.5 Recording Data 3 ARTICLE 3 GENERAL PROVISIONS AND RESTRICTIONS 3.1 Division into Condominium Units 3 3.2 Inseparability of a Unit 3 3.3 Description of Units .... 3 3.4 Unit Boundaries 3 3.5 No Partition or Subdivision of Units or Common Elements 4 3.6 Separate Assessment 4 3.7 Mechanic's Liens 4 3.8 Additions, Alterations or Improvements by Unit Owners 5 3.9 Maintenance of the Common Interest Community 5 3.10 Compliance with Laws 6 3.11 Residential Usc 6 3.12 Annoying Light, Sound or Odor 7 3.13 Noxious or Offensive Activities; Nuisances 7 3.14 No Hazardous or Unsafe Acuvities 7 3.15 Outside Burning; Fire Hazards 7 3.16 No Firearms 8 3.17 Unsightliness; Sporting Equipment; Clothes Drying 8 3.18 Garbage and Trash 8 3.19 Vehicle Parking, Storage, Operation and Repair 8 3.20 Animals 9 3.21 Antennac, Satellite Dishes, Etc 9 3.22 No Mining or Drilling 10 3.23 Excavations 10 3.24 Underground Utility Lines 10 3.25 Association Landscaping 10 3.26 Signs and Advertising 10 3.27 Leases ... 10 3.28 Right ofEntry 12 3.29 Water Rights 12 3.30 Health, Safely and Welfare 12 3.31 Rules and Regulations: Implementation of Article 3 and Variances 12 1111111111111111111111111111111111111111111111111111111 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 2 of 34 R 171.00 0 0.00 N 0.00 PITKIN COUNTY CO r ARTICLE 4 EASEMENTS . 13 4.1 Blanket Association Utility Easement Ovcr Common Elements 13 4.2 Association Administrative Easement Over Common Elements 13 4.3 Association Easement in Units for Maintenance, Repair and Emergen-cies 13 4.4 Encroachment Easements 13 4.5 Blanket Emergency Serviccs Easement 14 4.6 Easements Deemed Created 14 4.7 Recorded Easements and Licenses 14 ARTICLE 5 COMMON ELEMENTS 14 5.1 Use and Enjoyment of Common Elements 14 5.2 Association MayRegulate Use of Common 15 5.3 Owner Liability for Owner or Occupant Damage to Common Elements 15 5.4 Damage or Destruction to Common Elements 15 5.5 Condernnation of Common Elements 15 ARTICLE 6 ASSOCIATION 16 6.1 Association; General Powers - 16 6.2 Association Executive Board 16 6.3 Membership in Association 16 6.4 Voting Rights ofMembers 17 ARTICLE 7 ALLOCATED INTERESTS ARTICLE 8 INSURANCE 18 8.1 Insurance Requirements 18 8.2 Damage to Common Interest Community 20 ARTICLE 9 LIMITED LIABILITY 21 0 ARTICLE 10 ASSESSMENTS 21 10.1 Assessment Obligation 21 --:[:8 10.2 Statutory Lien ?1 10.3 Lien Superior to Homestead and Other Exemptions 7 1 10.4 Priority ofLien 22 10.6 Regular Assessments 22 10.5 Perfection ofLicn 22 JG 10.7 Association Budget 23 LU G 10.8 Special Assessments 24 Z 10.9 Reimbursement Assessments 24 10.10 Effect of Nonpayment of Assessments; Remedies of the Association 24 G 10.11 Statement ofUnpaid Assessments 75 0 10.12 Assessments for Tort Liability 79 0 0, G - V.1 ARTICLE 11 EMINENT DOMAIN 25 '41 - g ge 11.1 Definition of Taking -- 25 EES'& u . Â¢9 " 11'l' 11'11' I'll" 'll 'll"ll 'll"ll' 1I 98 01:40P D . 11.2 Representation in Condemnation Proceedings of Common 25 11.3 Award for Common Elements 26 11.4 Taking of Units 26 11.5 Miscellaneous 26 ARTICLE 12 GENERAL PROVISIONS 26 12.1 Duration of Declaration 26 12.2 Termination of Community 26 12.3 Amendment of Declaration and 76 12.4 Compliance; Enforcement 27 12.5 Notice .. 28 12.6 No Dedication to Public Use 28 12.7 Interpretation of Declaration 28 12.8 Conflict With Map 28 12.9 Violations Constitute a Nuisance ?8 12.10 Captions 08 12.11 Singular Includes Plural 28 12.12 Remedies Cumulative ?9 79 12.13 Costs and Attorneys' Fees 12.14 Governing Law; Jurisdiction 79 ?9 12.15 Severability 111'111 lilli 1111'11111111111111111 lilli 11111111 lilli lilli 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 4 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO iii DECLARATION . FOR MOCKLIN CONDOMINIUMS THIS DECLARATION is made this 21st day of August, 1998, by Peter Mocklin and Monica M. Mocklin (hereinafter collectively referred to as "Landownd'). ARTICLE 1 GENERAL PURPOSES, SUBMISSION, DEF[NED TERMS 1.1 General Purposes. Landowneir is the owner of certain improved real estate located in the City of Aspen, Pitkin County, Colorado more particularly described as Lot 7, Mocklin Subdivision, according to the Final Plat of Mocklin Subdivision recorded in Plat Book 39 at Page 92 in the Office of the Clerk and Recorder of Pitkin County, Colorado, said land and improvements being hereinafter collectively referred to as the ('*Real Estate"). Landowner desires by this Declaration to create a Corrunon Interest Community under the name and style "Mocklin Condominiums", pursuant to which portions of said Real Estate will be designated for separate ownership and use of a residential nature and in which the remainder of said Real Estate will be designated for common ownership solely by the owners (the "Owners") of the separate ownership portions. 1.2 Submission of Real Estate. Landowner hereby submits the Real Estate, together with all easements, rights-of-way and appurtenances thereto and the buildings and improvements erected thereon, to the provisions of the Colorado Common Interest Ownership Act, Section Â§Â§38-33.3-101, et seq. of the Colorado Revised Statutes, as it may be amended from time to time (thc "Act") and to this Declaration (the "Declaration"). Landowner hereby declares that all of [he Real Estate shall be held, occupied, uscd, leased, mortgaged, sold and conveyed subject to the following terms, easements, reservations, restrictions, covenants, and conditions. Landowner further declares that this Declaration is made for the pUrpose of protecting the value and desirability of the Real Estate; that this Declaration shall run with the Real Estate and shall be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, devisces, legal representatives, successors and assigns, and shall inure to the benefit of the Association and each and every Owner. 1.3 No Declarant. Landowner is executing this instrument in their capacity as owners of the Real Estate and shall not be considered a "declarant" (as such term is defined in the Act). Landowner is not a person who: (i) as part of any common promotional plan is offering lo dispose of an interest in a Unit or (ii) is reserving or succeeding to any special declarant rights. Landowner is merely acting as a facilitator for purposes of the transfer of Units (other than Unit 1) to the real party in interest and the subsequent deed restricting of a number of the Units so transferred in accordance with land use approvals previously obtained for the benefit of the Real Estate and adjoining lands. Accordingly, Landowner shall not have either the rights or obligations of a declamnt under 1he Act except the obligation to deliver a copy of this instrument, as recorded, to the Assessor of Pitkin County, Colorado set forth in Section 105 of the Act. All Owners by acceptance of a deed to a Unit subject to this Declaration, acknowledge and agree that Landowner shall nol be considered as a "declarant" for purposes of thc Act. 1.4 No Development Rights Reserved. Landowner docs not reserve any dcvclopiticill rights or other special declarant rights, and none of the Real Estate is subject to development rights or special declarant rights. 1.5 Defined Terms. When used in this Declaration, the following terms shall have the meanings hereinafter specified. U- a term is not defined herein, it shall have the meaning ascribed to it in the Act 1111111111111111111111111111111111111111111111111111111 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 5 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO (a) Association. -Association" means the Mocklin Condominium Association, Inc., a Colorado nonprofit corporation, its successors and assigns. (b) Common Elements. "Common Elements" means all portions of the Real Estate other than the Units. (c) Common Expenses. "Common Expenses" means any expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves. (d) Common Interest Community. Common Interest Community "means the Mocklin Condominiums, as described in this Declaration and as depicted and described on the Map. (e) General Common Elements. "General Common Elements" means all Common Elements except Limited Common Elements. 0 Limited Common Elements. -Limited Common Elements" means a portion of the Common Elements designated on the Map and/or by this Declaration for the exclusive use of one or more of the Units but fewer than all of the Units. (g) Man. "Map" means the Condominium Exemption Plat of Mocklin Condominiums, as recorded August 24 , 1998 in Plat Book 96 at Page 5- in thc Office of the Clerk and Recorder of Pillin County, Colorado, as said Map may be amended from time to time. (h) Occupant. "Occupant" means any person who is a tenant in a Unit pursuant to a lease with the Owner thereof, or any person who is present within the Common Interest Community as a family member, guest or invitee of an Owner, an Occupant, or the Association. (i) Unit or Condominium Unit. "Unit" or -Condominium Unit" means each of Condominium Units 1, 2, 3, 4, 5 6, 7 and 8 as shown, designated and described on the Map, together with all improvements therein and appurtenances thereto. Each Unit includes, as an appurtenance, an undivided interest in the Common Elements as set forth on Exhibit A attached hereto and made a part thereof by this reference. ARTICLE 2 8 BASIC DATA >- JI- -Z 2.1 Name of Common Interest Communitv. The name of the Common Interest Community shall 0 0 0 be Mocklin Condominiums. . o >Z 0 Z 2.2 Type of Common Interest Communitv. The type of Common Interest Community is a condominium. a 0- --52 2,3 Name of Association, The name of the Association is the Mocklin Condominium Association, 0 - -lge Inc., a Colorado nonprofit corporation. Z a. 00 2.4 Countv in Which Common Interest Communitv is Situated. The Common Interest . e ... Community consists of tlic Real Eslate whicli is located cillircly willtin Llic COUItly of Pitkin, State of Colorado. -G e 0,Â® 2.5 Recording Data. The recording data for all recorded easements and licenses appurtenant to or 0) S included in the Common Interest Community is set forth in Exhibit B attached hereto and made a part hereof by this reference. In addition, the Common Interest Community shall be subject to the easements or licenses granted N 94 or reserved pursuant to this Declaration. e OC 0 â‚¬9 â‚¬9 0- -0 N 2 1111111111111111111111111'lilli lili 111 lilli lili lili ARTICLE 3 GENERAL PROVISIONS AND RESTRICTIONS It is the intention of Landowner to establish and impose a common and general plan for the improvement, development, use and occupancy of the Common Interest Community, all in order to enhance the value, desirability, and attractiveness of the Common Interest Community and to promote the marketing, development and cnjoyment thereof. Accordingly, Landowner hereby declares that the entire Common Interest Community shall be owned, held, used occupied, improved, altered, maintained, conveyed, leased, encumbered and enjoyed subject to the following covenants, conditions, restrictions, reservations, casements, rights and other provisions. 3.1 Divifion into Condominium Units. The Real Estate is hereby divided into~ight (8) residential l Condominium Units, to be known and described as Units 1,2,3,4,5,6,7 and 8, Mocklin Condominiums, each consisting of a separate fcc simple estate in a Unit and an appurtenant undivided fee simple interest in the Common Elements. The identification number of each Unit is shown on the Condominium Map. Each Unit Owner shall own his or her appurtenant undivided interest in the Common Elements as a tenant-in-common with ihc other Unit Owners, and shall havc the non-exclusive Iight to use and enjqy the General Common Elements. Each Owner shall also have the right to use aIR! enjoy any Limited Common Elements which are designated for the use of his Unit on the Map or in this Declaration. 3.2 Inseparability of a Unit. Each Unit and its appurtenant undivided interest in the Common Elements shall be inseparable and may bc conveyed, leased, encumbered, devised or inherited only as a Condominium Unit 3.3 Description of Units. Every contract for sale, deed, lease, security interest and evety other legal document or instrument shall legally describe a Unit as follows: Unit -. Mocklin Condominiums, according to the Map thereof rccorded in Plat Book 46 at Page -3- and the Declaration for Mocklin Condominiums recorded at Reception No. 1/2 / 0/3, all in the Office of the Clerk and Recorder ofPitkin County, Colorado. Such description shall bc legally sufficient for all purposes to sell, convey, transfer, cncumber o or othenvise affect the Unit and its appurtenant undivided interest in the Common Etements, and to -.. incorporate all of the rights, interests. obligations, restrictions and burdens appurtenant or incident to J 0- ownership of a Unit as set forth in this Declaration and on thc Map. Each such description shall be i -Z -20 g construed to include a non-exclusive easement over the Common Elements for appropriate ingress and o egress to and from each Unit, and a non-exclusive right to use and enjoy the Common Elements, ~ . subject to all applicable provisions of this Declaration. 3.4 Unit Boundaries. The boundaries of each Unit arcshown on the Map. Each Unit is an~ir space e unit which is bounded by the unfinished interior Fuffaces of the exterior walls (or the common wall where the Units 9 13join one another), floors, Eilings, windows and window frames, and doors and door frames, and which is -WO o separately identified on the Map. Furthermore: Z G0 e e (a) All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other malerials consuluting any part of the finislied surfaces thereofarc a parl of the Unit, and all other portions of tile walls, floors and ccilings are part of the Common Elements; . e . e . Any shutters, awnings, window boxes, doorsteps, stoops, porcheslkalconics>and patios, (b) %5 and all exterior doors and windows or other fixtures, designated to serve a single Unit but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit; and G MM 0 4- - 0 N . r- 3 I '11'll "ll' 11'11' "191 'll 'll' l"Ell'1!Ill (c) All built-in air handling, ventilation and heating systems including chutes, flues, ducts, wires, conduits and all other mechanical systems of the Mocklin Condominiums wherever situated that serve only one Unit arc Limited Common Elements allocated solely to that Unit and any portions thereof that serve more than one Unit or any portion of the Conunon Elements are General Common Elements. (d) Any Real Estate, spaces or improvements outside the boundaries of any Unit that are not designated as Limited Common Elements on the Map or in this Declaration shall be General Common Elements. (e) Any structural elements, bearing or party walls or columns wherever situated, to the unfinished surfaces thereof, shall be General Common Elements. 3.5 No Partition or Subdivision of Units or Common Elements. No Owner may assert any right or bring any action for partition or subdivision with respect to such Owner's Unit or the Common Elements. By becoming an Owner, each Owner waives any and all rights of subdivision or partition that such Owner may have with respect to such Owner's Unit and/or the Common Elements. This Section 3.5 shall not, however, limit or restrict the right of the Owners of a Unit to bring a partition action pursuant to Section 38-28-101, et seq., of the Colorado Revised Statutes requesting the sale of the Unit and the division of the proceeds among such Owners; provided that no physical division of the Unit or of the Common Elements shall be permitted as a part of such acuon and no such action shall affect any other Unit. 3.6 Separate Assessment. Landowner shall give wntten notice to the Assessor of Pitkin County, Colorado requesting that the Units be separately assessed and taxed and that the total value of the Common Elements be assessed and taxed proportionately in accordance with the Allocated Interests of such Units in the Common Elements. After this Declaration has been recorded in the real estate records of Pitkin County, Colorado, Landowner shall deliver a copy of this Declaration as recorded to the Assessor of Pitkin County, Colorado. 3.7 Mechanic's Liens. (a) If any Owner shall cause or permit any material to be furnished to such Owner's Unit or --0 0 any labor or services to be performed therein, no Owner of any other Unit shall be liable for the payment of any expense incurred or for the value of any work done cr material furnished- All such work shall be at the expense of the Owner causing it to be done and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor, services or materials to such Owner's Unit Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Elements or any Unit other than that of such Owner with any mechanic's or materialmen's lien or other lien or encumbrance whatsoever. Notice is hereby given that the right and power to charge any lien or encumbrance of any kind against the Common Elements or against any Owner or any Owner's Unit for work done or materials furnished to any other Owner's Unit is hereby expressly denied. (b) 1 because of any act or omission of any Owner, any mechanic's or materialmen's lien -12 or other lien or order for the payment of money shall be filed against any of the Common Elements or against any other Owner's Unit or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis fOr I- 00 . - such lien or order shall, at such Owner's own cost and expense, cause such lien or order to be canceled or â‚¬9 M bonded over in an amount and by a surely compall reasonably acccptable to tlic party or parties affcclcd by such lien or order within twenty (20) days after the filing thereof, and fuIther such Owner shall =ge indemnify and save harmless all such parties affected from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys' fees resulting therefrom. 3.8 Additions, Alterations or Improvements bv Unit Owners.. No additions, alterations, changes or improvements shall be constructed, made, done or permitted to any Unit by any Owner, 4 D 0.00 N 0.00 PITKIN OUNTY CO IL'~1"13U08"1"J~L"l'l""~ ~S"i~ "~ Occupant, or employee or agent thereof, without the prior written approval of the Executive Board and in the case of altcrations or changes to the exterior of a Unit, the Managers of the Mocklin Homeowners Association LLC. Without limiting the generality of the foregoing, said restrictions shall apply to and include (i) alteration or change of any structural elements of a Unit, including the roof, (ii) painting or other alteration or change of the exterior of a Unit, including doors and windows, (iii) alteration or change of any Common Elements appurtenant to the Units, or (iv) addition, alteration, change or removal of any landscaping. The foregoing restrictions shall not apply to nonstructural additions, alterations, changes or improvements to the interior of a Unit, that are not visible from outside the Unit, and that are in compliance with all applicable laws, ordinances, regulations and codes. Except for alterations to Limited Common Elements which have received the prior written approval of the Executive Board of the Association and of the Architectural Committee of the Mocklin Homeowners Association LLC, no Owner or Occupant shall have any right to alter, change or improve in any way the Common Elements or any part thereof, said Common Elements being the exclusive responsibility and jurisdiction of the Association. 3.9 Maintenance of the Common Interest Community. All property within the Common Interest Community, including without limitation all Units, General Common Elements and Limited Common Elements shall bc kept and maintained in a safe, clean and attractive condition and in good order, condition and repair. (a) Association Maintenance Responsibilities. The desggiation shall be responsible for maintaining, repairing, improving, restoring and replacing the Common Elements, including theLimited CommorL.glements. Such obligations shall include without limitation the painting, staining or other resurfacing of the exterior surfaces of all walls and exterior doors of the units, the maintenance, repair, improvement, restoration or replacement of all structural elements and roofs, common lighting and utilities, water features, parking areas, snowplowing, and landscaping, irrigation and general upkeep of all yard areas. The Association, through its Executive Board, shall have the exclusive right and authority to make any changes, alterations, improvements or additions to the Common Elements, including the Limited Common Elements, and no individual Unit Owner shall have any right to do any of such things without the express prior written consent of the Executive Board (and, in the case of alterations to the exterior of a Unit, or to the other Common Elements thereof, including 0 without limitation structural changes, changes in materials or colors, and landscaping changes, 0 the Architectural Committee of the Mocklin Homeowners Association LLC). JO- - Z â‚¬03 If the need for such maintenance or repair results from the willful or negligent act of 0 0 0 or from damage or destruction caused by an Owner or Occupant, the Executive Board shall 5 have the right to perform such maintenance or repair and to levy and collect a Reimbursement f Assessment upon the Owner and the Owner's Unit for the costs and expenses incurred by the Association in connection therewith. 0- U 0 JG (b) Owner Maintenance Responsibilities. Each Owner shall be responsible for W 17 maintaining, repairing and improving as necessary all interior clements and features of the Z Owner's Unit including interior non-supporting walls, improvements, fixtures, equipment, GG appliances and appurtenances. In addition, each Owneshall be responsible for any damage to other Units or Common Elements resulting from the Owner's failure to BE#orm--m 98&!ilfem 9 0Torm:meE-orTEOWner'ilimillicnaike and Iciiair raspoixsi iTRIE-as-sct Inrth herein. Each :G 'timiEr-stiNIT perform the Gwners maintenance and repair responsibilities in such manner as =me shall not unreasonably disturb or interfere with other Owners or Occupants. . r- C,19-1 M 0= If an Owner fails to perform any such maintenance or repair obligations within 10 days G Ir following receipt of a written notice from the Executive Board requesting the same, the e, e, Executive Board shall have the right to enter upon the Unit of the Owner to perform such -0 01 5 Illw lilli lili Il'll Ill BIlli "11'|||11 Ili lili lili obligations on the Owner's behalf and to levy and collect a Reimbursement Assessment upon the Owner and the Owner's Unit for the costs and expenses incurred by the Association in connection therewith. Each Unit is subject to an easement for the benefit of the Association and its Executive Board, agents, employees and contractors, for purposes of accomplishing the maintenance and repair rights described herein. (C) Standard of Care. The Association and the individual Unit Owners shall each use a reasonable standard of care in performing their respective maintenance, repair and upkeep responsibilities so that the entire Common Interest Community will reflect a pride of ownership. All repairs and replaccments within the Common Interest Community shall be substantially similar to the original construction and craftsmanship and shall be of first-class quality. (d) Emereencv Maintenance and Repair. Notwithstanding any other provisions of this Section 3.9, in the event of an emergency or the sudden occurrence of unanticipated conditions which threaten the health, safety or physical well-being of persons or property within the Common Interest Community, the Executive Board shall havc the authority (without any notice or approvals being required) to take whatever remedial action and to undertake such maintenance, repairs and improvements as may be necessary anywhere in the Common Interest Community to protect persons and property. Ce) Existing Conditions. This Common Interest Community is a conversion to condominium ownership of an existing apartment building, and conditions of the building existing at the time of such conversion shall not be deemed a violation of any provision of this Declaration. 3.10 Compliance with Laws. No Owner or Occupant shall do any act or cause or permit anything to be done or kept in or upon its Unit, or any Common Elements which would be in violation of any federal, state, city or other law, ordinance, regulation or code of any governmental body having jurisdiction, or of any rule or regulation promulgated by the Association, or of any provision of this Declaration, or which would result in the increase of, or cancellation of, insurance maintained by the Association. 3.11 Residential Use. Each Unit shall bc occupied and used only for single-family residential purposes. It is expressly understood that Units 2-8 will in future be deed restricted as g affordable housing units under the Aspen/Pitkin County Affordable Housing Guidelines. No business, >. professional or other non-residential or commercial use shall be made of any Unit, or conducted in any JZ Unit, excepting in-home businesses or occupations which do not involve employees other than Owners, 00 the solicitation or invitation of the general public, or the servicing of customers, and which activities o are conducted entirely within the Unit and do not cause any additional traffic or parking within the -Z Common Interest Community or otherwise create a nuisance for neighboring Units or the Common 0X 0.- Interest Community. 0- 0- 0= 0 3.12 Annovine Light, Sound or Odor. All extcrior lighting installed or maintained on any 9G 6; Unit shall be placed so that the light source is screened or shielded from any other Unit, and shall z require the prior written approval of the Executive Board in each instance. No light shall be emitted 0- s from any part of the Common Interest Community (including any Unit) which is unrcasonably bright G ~ or causes unreasonable glare. Without limiting the generality of the foregoing, no spotlights, floodlights or other high-intensity lights shall bc permitted within the Common Interest Community e0 me without the prior written approval of the Executive Board. CD G -- No sound shall be emitted from any part of the Common Interest Community (including any Unit) which is unreasonably loud or annoying, and no odor shall be emitted from any part of the e. â‚¬9 O 6 I Illill lilli mil Illill w 0Elilll 'll lilli " lili 4210 3 82 9 Common Interest Community (including any Unit) which is noxious or unrcasonably offensive. Again without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells (excepting chimcs), or other sound devices, other than security devices used exclusively for security purposes, shall be located or used within the Common Interest Community except with the prior written approval of the Executive Board. The Executive Board, in its sole discretion, shall have the right and authority to determine the existence of any violation of this Section 3.12 including the reasonableness of any light, sound or odor. 3.13 Noxious or Offensive Activities; Nuisances. No noxious or offensive activity shall occur or bc allowed at any time within the Common Interest Community, nor shall anything be done or placed therein which is or may become a nuisance or cause an unreasonable embarrassment, disturbance, or annoyance to Owners, Occupants, or the Association, or to owners or occupants of residences on Lots 1-6 of the adjacent Mocklin Subdivision, or which interferes with the peaceful enjoyment or possession and proper use of the Common Interest Community, or any part thereof, by Owners or Occupants. The Executive Board,-in its sole discretion, shall have the right and authority to determine the existence of any nuisance or unreasonable annoyance under this Section 3.13. Each Owner and Occupant shall comply with any rules and regulations and the requirements of all health authorities and other governmental authorities having jurisdiction over the Common Interest Community. 3.14 No Hazardous or Unsafe Activities. No activity shall be conducted on, and no improvement shall be constructed on, any property within the Common Interest Community which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no explosives, gasoline, or other volatile and/or incendiary materials or devices or any materials deemed hazardous substances under applicable environmental laws, rules, or regulations shall ever be kept, stored, permitted to remain or bc released on any Unit or elsewhere within the Common Interest Community. The foregoing prohibition against gasoline or other automotive products does not apply to vehicles kept in the garage of Unit 1 or small amounts (i.e., 5 gallons or less) safely stored in said garage. 3.15 Outside Burning; Fire Hazards, tig-=lgigÂ£.Iimuhall-bdiglgsigr permitted,Mithig. U.Ile Common Interest Community except in a contained barbecuc unit while attended and in use for cooking-Furposes.-NE Unit Owner or Occupant shall cause or permit any condition upon or within his Unit which creates a fire hazard or is in violation of fire prevention regulations. or which would JZ increase insurance rates for other Unit Owners. 0 0 3.16 No Firearms. The discharge of firearms upon or within any part of the Common = g Interest Community (including the Units) is expressly prohibited. 16- 0- 3.17 Unsightliness; Sporting Equipment; Clothes Drying. Decks, patios, balconies, CI Re G 0e porches, and General and Limited Common Elements (excepting enclosed storage areas), shall not be d d used for Storage of personal property of any kind, and nothing shall be placed on or in windows or E z doors or otherwise on the exterior of Units or Common Elements which create an unsightly 0.0 appearance. Sporting equipment (e.gâ€ž skis, snowboards, bikes, mountain bikes, kayaks, etc.), must be 00 stored completely inside the Units and shall not be allowed to remain outside except when in actual j ~ use. No laundry or wash shall be dried or hung outside anywhere within the Common Interest 00 Community. C> 61 3.18 Garbaae and Trash. With the exception of dumpsters or other trash receptacles ~ - provided by the Association on Common Areas, no refuse, garbage, trash, grass, shrub, or tree ==:=@ z clippings, plant waste, scrap, rubbish, or debris of any kind shall be kept, stored, maintained or ~ Z allowed to accumulate or remain anywhere within the Common Interest Community, except that ==046 -e 0 ....~~- 7 C U TY CO containers of such materials may bc placed next to the street on the designated morning of garbage collection and must be returned to a Unit that same day. No garbage containers, trash cans or receptacles shall bc maintained in an unsanitary or unsightly condition, and except when placed for pickup they shall be kept completely within a Unit. 3.19 Vehicle Parkins Storage, Operation and Repair. (a) The owner bf Unit 1 *ust park his motor vehicles inside the garage that is a part of Unit 1, except that pasengeriutomobiles or one ton or smaller pick-up trucks may be parked in the driveway area immediately outside such garage, said driveway area being labeled "LCE-Unit 1" on the Map. The twelve (12) outside parking spaces that are part of thc General Common Elements shall only be used for the parking of passenger automobiles or one ton or smaller pick-up trucks, and shall be allocated among the Owners of Units 2-8 (based on the number of bedrooms per Unit) as follows: Unit 2: 3 spaces; Unit 3: 1 space; Unit 42 2 spaces; Unit 5: 2 spaces; Unit 6: 2 spaces; Unit 7. 1 space; Unit 8: 1 space. The Executive Board, in its discretion, may designate which spaces are to be used by which Units. (b) Except as provided in subsection (a) above, no boats, trailers, buses, motor homes, campers (on or off supporting vehicles), motorcycles, snowmobiles, recreational vehicles, trucks, industrial or commercial vehicles (both cabs or trailers), abandoned or inoperable vehicles (as defined below), or any other vehicles shall be parked or stored anywhere within the Common Interest Community (excepting within the Unit 1 garage) and no vehicles of any kind shall be maintained, repaired, repainted, serviced or rebuilt-anywhere within the Common Interest Community (except within the garage that is part dE~Â§21-jhis restriction shall not prevent the non-commercial washing and polishing of vehicles, together with activities normally incident thereto. (c) Notwithstanding the foregoing, vehicles may be temporarily parked within the Common Interest Community for loading, delivery or emergency purposes, but only for the time required to accomplish such purpose, and as necessary on a daily basis for authorized construction, maintenance, repair or other service activities within the Common Interest Community. (d) An "abandoned or inoperable vehicle" shall mean any motorized vehicle which does not display a current motor vehicle license or which has not been driven under its own -i* propulsion for a period of one (1) week or longer (excepting otherwise permitted vehicles parked by Unit Owners or Occupants in their allocated parking spaces while on vacation or 08 during a period of illness), or which does not have an operable propulsion system within the z vehicle. ./ Ce) In the event that the Executive Board shall determine that a vehicle is ~ abandoned or inoperable, or is otherwise in violation of the provisions of this Section 3.19, a written notice of violation describing said vehicle shall be personally delivered to the vehicle 00 owner (if such owner can bc reasonably asccrtained) or shall be conspicuously placed upon the OZ vehicle (if the owner cannot be reasonably ascertaincd), and if the offending vehicle is not 0-Â® ee removed within 48 hours thereafter, the Executive Board shall have the right to remove and slorc the offending vehicle, or cause the vehicle to bc removed and stored, at tlic sole cxpcnsc a of the owner of the vehicle or the Owner of the Unit on whose parking space the vehicle is 00 e located, and to enter upon an Owner's parking space for such purpose, all without liability on 0 Â® the part of the Executive Board. If the vehicle is not claimed within 60 days after its removal, 1--1- a the Executive Board may dispose of the vehicle in any manncr the Executive Board deems best. 0 01 8 1111111111111 1' "1'1 !" 1"Ill' 1'!1' I'll!01' 'll lili 4210 3 8 24 9 (f) Snowmobiles, motorcycles, trailbikes. minibikes, dirt bikes, all-terrain vehicles, and similar vehicles shall not be used or operated (but may be transported on trailers) within the Common Interest Community, except that motorcycles properly licensed for operation on public roads may bc operated within the Common Interest Community subject to such rules and regulations as the Executive Board may adopt from time to time. 3.20 Animals. Excepl as specifically permitted below, no animals, reptiles, primates, fish, fowl or insects of any kind shall be kept, raised, bred, maintained or boarded within or upon any part of the Common Interest Community. Notwithstanding the foregoinELUnit _~Wall be entitled to keep a reasonable number of dogs and other household pets. Units 2-8 maflmrkeep dogs, although dogs belonging to the owner of a Lot in the Mocklin Subdivision may be kept in the Unit that is designated for the beneficial use of that Lot in Section 3.27(g) below. Units 2-8 shall be entilled to keep a reasonable number of other household pets. Provided always, that such dogs or other household pets are not kept for any commercial purpose, are not kept in unreasonable numbers, do not cause an unreasonable amount of noise or odor, or do not otherwise become a nuisance to other Unit Owners or Occupants or to owners or occupants of residences on Lots 1-6 of the adjacent Mocklin Subdivision. Household pets shall not be permitted outside a Unit except when leashed and accompanied by the pet's owner or the owner's representative. All household pets shall be properly immunized and otherwise maintained and cared for as required by applicable laws. The Owner of a Unit where a household pet is kept, as well as the legal owner of the pet (if not such Owner), shall be jointly and scverally liable for any and all damage and destruction caused by the pet, and for any clean-up within the Common Interest Community necessitated by such pet. The Executive Board shall have, and is hereby given, the right and authority to determine in its sole discretion that household pets are being kept for commercial purposes, or arc being kept in unreasonable numbers, or are causing an unreasonable amount of noise or odor, or arc otherwise a nuisance to other Unit Owners or Occupants, or that a Unit Owner or Occupant is otherwise in violation of this Section 3.20, and to take such action or actions as it deems reasonably necessary to remedy the violation. Without limiting the generality of the foregoing, the Executive Board may 8 require the owner or custodian of a dog that barks or howls excessively, or of a household pet with other offensive habits, to confine such animal indoors. ..2 Z 3.21 Antennae. Satellite Dishes, Etc. No radio, television or other antennac of any kind or L -0 nature, and no device for the transmission or reception of audio, microwave, visual or other signals, -M Z ~* - including without limitation satellite dishes or receivers, shall bc crected, placed or permitted to -0 1 remain on any Common Elements within the Common Interest Community except with the prior written approval of the Executive Board as to design and location, and then must be adequately fenced g or screened in a manner approved by the Executive Board. The foregoing restrictions shall not apply d d to Unit 1. Â¤Z 0- G 3.22 No Mining or Drilling. No property within the Common Interest Community shall be Â® ~ used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, GO geothermal resources, oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, or earth, except $ drilling, exploring for, removing or storing underground water by ilic Association. Nothing contained = m 9 herein shall be construed to limit the rights of the owners of mineral interests severed from the surface -- of any portion of the Common Interest Community prior to the recording of this Declaration. ....14 I. .4 mcy ===4 Z 3.23 Excavations. No cxcavation or other earth disturbance shall be performed or permitted ~ & within the Common Interest Community except with the prior written approval of the Executive Board. -0 0 ~el M -r- 9 MI'l I'll'll Ill 3.24 Underground Utilitv Lines. Except as to special street lighting or other above-ground facilities which may be expressly required by the City, no above-ground utility lines or facilities of any type (except meters, risers, service pedcstals and other surface installations necessary to maintain or operate appropriate underground facilities, and ditches and associated facilities) shall be erected or installed within the Common Interest Community, and all utility lines and facilities (including but not limited to water, sewer, gas, electricity, telephone, and cable tv) shall bc buried underground. 3.25 Association Landscaning. _All laâ‚¬scaping withinthe--Common Interest Comt-unity shall be the responsibility of the Association, and no Owner or Occupant shall perform any landscaping activities within the Common Interest Community (including without limitation the planting, grooming or removal of grass, trees, bushes or other vegetation, or the planting or tending of gardens) without the express prior written approval of the Executive Board. 3.26 Signs and Advertisine. No sign, poster, billboard or advertising device of any kind shall be allowed or displayed anywhere within the Common Interest Community without the prior written approval of the Executive Board. 3.27 Leases. All Leases of Units shall be in writing and shall contain the following terms and conditions: (a) Thetcasetermlhal! not be less than 6 months, except that two short-term - - tenancies not exceeding 30 days in the aggregate shall be allowed in each calendar year for Unit 1. (b) The Lease must cover the entire Unit (i.e., no Leases of bedrooms or other parts of a Unit shall bc permitted). (c) All Leases shall provide (i) that the terms of the Lease and the tenant's (Occupant's) use of the Unit and its appurtenances shall be subject in all respects to the 8 provisions of this Declaration, and the Articles and Bylaws of the Association, and any rules and regulations adopted by the Association, (ii) that the Occupant has received and reviewed Jz copies of said documents, and (iii) that any failure by the Occupant to comply with any of the U, 0 aforesaid documents, in any respect, shall be a default by Occupant undcr the Lease and a 0 -Z default by Occupant and Owner under said documents which may bc enforced against Occupant and/or Owner by the Executive Board. -0 3Â£ 0.- (d) Each Owner shall nflify the Associftion immgliatcly upon theleasing of his -.0 Unit, and shall provide the Association with a EfLoilhe-Lease and with the name and --1 . mailing address of the Occupant and the mailing address (if changed) of the Owner. Ce) Each Owner who leases a Unit shall be responsible for assuring compliance by GG the Occupant with all of the provisions of this Declaration, the Articles and Bylaws, and any -,1 0 rules and regulations, and shall be jointly and severally responsible with the Occupant for any violations thereof by the Occupant. -2 5 (f) Each Lease shall expressly provide that the Association (via the Executive =..4 --N Board) shall have the right to give the Occupant written notice that the Occupatil is iii violation of one or more of the documents listed in subsection (e) above, which notice shall -0. specify a period of time (at least 5 days) in which the Occupant may cure the violation. If the violation continues uncured, or if it is repeated within the 3-month period following the date of -2 0 the first notice, the Lease shall provide that the Owner gives to the Association an irrevocable IN. power of attorney to act on the Owner's behalf to give such statutory notices to the Occupant and to take such other actions as may be necessary or appropriate to terminate the Lease and to 10 lili lilli1111 evict the Occupant from the premises. If a Lcasc does not contain such provisions, the Owner hereby irrevocably appoints the Association as its attorney-in-fact to act on its behalf as herein set forth. (g) Thc Mocklin Homeowners Association LLC, which is the legal entity formed to act as the homeowners association for Lots 1-6 of the Mocklin Subdivision, will be the owner of Condominium Units 2,3,4,5,7 and 8. Thc beneficial use of said Units shall be and hereby is allocated as follows: Condominium Unit Lot 2 4 3 2 4 6 5 3 7 1 8 5 The Mocklin Homeowners Association LLC shall deed restrict the Units owned by it in accordance with the schedule and the affordable housing categories established in Section B of the Subdivision Agreement for Mocklin Subdivision recorded at Reception No. 393680 (the "Subdivision Agreement"), and may deed restrict one or more Units at an earlier date in the discretion of said Association. As each of Units 2,3,4,5,7 and 8 becomes vacant, and thereafter, the Mocklin Homeowners Association LLC shall lease said Units in compliance with the rent restrictions, the employee/qualified resident standards, and the income and asset limitations set forth in the Aspen/Pitkin County Affordable Housing Guidelines in effect from time to time. Each time that one of said Units becomes ~ vacant, the owner of the Lot to which the beneficial usc of that Unit is allocated as above provided - shall have the firsl right to select and place a qualified employee in that Unit. If such Lot Owner does --->H not wish to select the qualified employee, then the Mocklin Homeowners Association LLC shall have idg the right to do so. If the Unit is not occupied by a qualified employee selected by the Lot owner or said ~0 ~ Association within 45 days after the Unit becomes vacant, the Housing Authority will select the new tenant. 3.28 Right of Entrv. During reasonable hours and upon reasonable notice to the Owner or Occupant of a Unit, any member of the Executive Board, and any authorized representative thereof, ~ shall have the right to enter upon and inspect any Unit, except for any Unit that is in fact occupied z (which shall require the permission of the occupant except in the case of emergency, as provided in / Section 4.3 below), for the purpose of ascertaining whether or not the provisions of this Declaration 0 have been or are being complied with and such individuals shall not be deemed guilty of trespass by l s reason of such entry. 0 3.29 Water Rights. For so long as the Association is the beneficiary of a license to store I.... and use water from the Mocklin Ditch, the Association shall be responsible for applying said water ~g - rights (to the extent legally and physically available) to the filling and maintenance of thc pond and to == &52 such yard and landscaping maintenance and other purposes as the Executive Board may determine to le. bc appropriate from time to time. The Association shall be responsible for operating, maintaining, repairing and improving said pond and irrigation syslem. No Owner shall have any individual right to -S ~ I.NA 11 11111#01111111111111!11 use such water rights for any purposes. All costs and expenses incurred by the Association in connection with such water rights shall be Common Expenses. 3.30 Health, Safetv and Welfare. In the event any uses, activities, and facilities within the Common Interest Community arc deemed by the Executive Board to be an unreasonable annoyance or nuisance, or to adversely affect the health, safety or welfare of Owners or Occupants, the Executive Board may adopt rules and regulations in order to appropriately restrict and regulate such uses, activities or facilities within the Common Interest Community. Such rules shall be consistent with the purposes and provisions of this Declaration. 3.31 Rules and Regulations; Implementation of Article 3 and Variances. The Executive Board may implement the restrictions set forth in this Article 3, or otherwise restrict and regulate the use and occupancy of the Common Interest Community and the Units and/or Common Elements by reasonable rules and regulations of general application adopted by the Executive Board from time to time. The Executive Board may, in its sole discretion and in extenuating circumstances, grant variances from any of the restrictions set forth Â·in this Article 3, if the Executive Board determines, in its discretion, (a) either (i) that a particular restriction creates a substantial hardship or burden on an Owncr or Occupant, which hardship or burden was not caused by said Owner or Occupant, or (ii) that a change of circumstances since the recordation of this Declaration has rendered such restriction obsolete, and (b) that the activity permitted under the variancc, in the judgment of the Executive Board, will not have any material adverse effect on the Owners and Occupants of the Common Interest Community (including neighboring Units) or on owners or occupants of residences on Lots 1-6 of the adjacent Mocklin Subdivision, and is consistent with the high quality of living intended to bc promoted hereby throughout the Common Interest Community. When an Owner applies for a variance, the Board must give at least 10 days advance written notice of the variance hearing, and of the nature of the variance requested, postage prepaid, by certified mail, return receipt requested, to all Owners of Units in the Common Interest Community, at the current addresses for such Owners reflected in the Association files, and to the Managers of the Mocklin Homeowners Association LLC. The applying Owner must provide the Committee with an accurate list of the Owners to be so notified. If the foregoing notice requirements are complied with, it is not necessary that the Owners actually receive o the notice that is mailed to them. 0 No variance shall conflict with ordinanccs or regulations of the City of Aspen. If a variance J Z 00 from City laws or regulations is also required in connection with a matter for which a variance is 0 0 desired hereunder, it shall be the Owner's responsibility to obtain such City variance before submitting -Z a variance application to the Executive Board. OX 0.- M 0- 0- ARTICLE 4 a .G EASEMENTS J - 00 --Ez 4.1 Blanket Association Utilitv Easement Over Common Elements. There is hereby 0- 0 created, granted and reserved to the Association, its agents. employees and assigns a perpetual, non- GG . exclusive blanket easement over, across, upon and under the Common Elements for construction, - 0 installation, operation, maintenance, repair, removal and replacement of mechanical systems, utilities 00 and utility lines, pipes, wires, circuits, conduits, meters, facilities and systems for the benefit of the 0G M G Common Interest Community or any part thereof, including but not limited to water, sewer, gas, telephone, clcctricily, cable TV and other masler TV and communication systems, if any, together with S an easement for access, ingress and egress to accomplish such purposes. The Association or other a: person or entity exercising such utility easement rights shall be obligated to restore, reseed, replant I and/or relandscape the surface of the disturbed area to as close to its original condition as possible, as promptly as possible following completion of any utility work. M e. 12 111111111111111111111111 11 lili 111111111111111 4210 3 08/24/ 4.2 Association Administrative Easement Over Common Elements. There is hereby created, granted and reserved to the Association, its agents, employees and assigns, a perpetual, non- exclusive easement over, across, upon and under the Common Elements and a right to use the Common Elements for purposes of enabling the Association to perform its various responsibilities and to exercise its various rights under this Declaration. A like easement is hereby granted to the Mocklin Homeowners Association LLC for purposes of exercising any of the enforcement rights granted to it hereunder. 4.3 Association Easement in Units for Maintenance. Repair and Emereencies. There is hereby created, granted and reserved to the Association, its agents, employees and assigns, a perpetual, non-exclusive easement and right to enter upon all Units as necessary for the performance of the Association's rights and responsibilities under this Declaration and for the making of repairs or reconstruction to the building, the Units, and/or the Common Elements. For routine maintenance and non-emergency repairs, entry to a Unit shall bc made only on a regular business day during regular business hours, after giving at least one day's notice in writing to the Owner. In case of emergency, where there is an imminent threat of damage or injury to person or property, entry shall be made at any time provided that a reasonable effort is made, under the circumstances, to give notice of such intended entry. The Executive Board is hereby granted the authority to use such reasonable force as may be necessary under the circumstances to gain entry into a Unit in case of an emergency, if no other reasonable means of entry is available. Thc Association shall be responsible for the cost and expense of repairing all damages to property occurring as a result of such forcible entry, which costs shall be considered Common Expenses, unless the emergency and/or damage results from the willful act or negligence of an Owner or Occupant, in which event such Owner shall be solely responsible for the costs of repairing/restoring such damage. These costs can be levied, assessed and collected by the Executive Board as a Reimbursement Assessment pursuant to the provisions of this Declaration. A like easement is hereby granted to the Mocklin Homeowners Association LLC for purposes of exercising any of the enforcement rights granted to it hereunder. 4.4 Encroachment Easements. Each Owner has an easement upon an adjoining Unit or Common Element 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 casements 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 o valid easement for encroachments occur due to the willful misconduct of an Owner. In the event a structure is partially or totalIy destroyed, and then repaired or rebuilt in substantially the same manner Â£2=n as originally constructed, the Owners agree that minor encroachments upon an abutting Unit or -tz Common Element shall be permitted and that there shall be valid easements for the maintenance of M J 40 0 o said encroachments so long as they shall exist. in ~.4 Z 4.5 Blanket Emergency Services Easement. There is hereby created, granted and reserved 0 1- 0- 2 for the use and benefit of all police, sheriff, fire protection, ambulance and other similar emergency gG agencies or persons, now or hereafter serving the Common Interest Community and its Owners and 5 9 Occupants, a perpetual, non-exclusive blanket Emergency Services Easement over, upon, along and OG across all properties and areas within the Common Interest Community, for use in the lawful OZ performance of their duties. -5 0 GO 4.6 Easements Deemed Created. All conveyances of Units hereafter macie, shall be deemed 0 0 and construed to grant and Ieserve all of the easements referred to in this Article 4 and elsewhere in .0 this Declaration, even though no specific reference to such easements appeairs in the convcyancing 0, 61 m . instruments. - -4 - 1- ..4 N 'r 13 3:*Ull:MIC~I~:IN 1111111111 lili 1111111 -' 4.7 Recorded Easements and Licenses. In addition to the cascments described in this Article 4 and clscwhcrc in this Declaration, the recorded cascments and licenses appurtenant to or included in the Common Interest Community are set forth on Exhibit B attached hereto and made a part hereof by this reference. ARTICLE 5 COMMON ELEMENTS 5.1 Use and Eniovment of Common Elements. Except as otherwise provided in this Declaration, each Owner shall have the non-exclusive right to use and enjoy the Common Elements in common with all other Owners (a) for all purposes for which such Common Elements were established, and (b) as required for purposes of access and ingress to and egress from (and use, occupancy and enjoyment of) any Unit owned by the Owner or Common Elements available for the Owner's use. This right to usc and enjoy the Common Elements shall extend to each Owner, Occupant, and the family members, guests and invitees of each Owner and Occupant, and shall be appurtcnant to each Unit, subject at all times to the provisions of this Declaration, the Articles and Bylaws, and any rules and regulations adopted by the Executive Board from time to time. No Owner or Occupant shall place any structure or improvement whatsoever upon the Common Elements, nor shall any Owner or Occupant engage in any activity which will temporarily or permanently impair free and unobstructed access to or use of all parts of the Common Elements (excepting Limited Common Elements) by all Owners and by the Association. If a Limited Common Element is designated on the Map or in this Declaration for the use of only one Unit, the Owner and Occupant of that Unit (and their family members, guests and invitees) shall have the exclusive right to usc and enjoy that Limited Common Element for the purposes for which it was created, subject to any rules or regulations relating thereto. If a Limited Common Element is designated on the Map or in this Declaration for the use of more than one Unit, the Owners and Occupants of those Units (and their family members, guests, and inivitees) shall have the non- exclusive right to use and enjoy that Limited Common Element in common with onc another (but to the exclusion of Owners and Occupants of Units not so designated), for the purposes for which it was created, subject to any rules or regulations relating thereto. 5.2 Association May Regulate Use of Common Elements. The Association, acting through the Executive Board, shall have the right and authority to regulate the use of the Common Elements by a the promulgation, enforcement and interpretation from time to time of such rules and regulations = u relating thereto as the Association considers necessary or appropriate for the protection and t preservation of the Common Elements and thc enhancement of thc use and enjoyment thereof by the ~ Owners and Occupants. 0 ==HZ 5.3 Owner Liabilitv for Owner or Occupant Damafe to Common Elements. Each Owner * shall be liable to the Association for any damage to Common Elements or for any expense, loss or ~ liability suffered or incurred by the Association in connection with the Common Elements arising from (a) the negligence or willful misconduct of such Owner or of any Occupant, agent, employee, family 9 9 member, guest or invitee of such Owner, or (b) any violation by such Owner or any Occupant, agent, 00 employee, family member, guest or invitec of such Owner of any law, regulation, or code, including Oz without limitation any environmental law, or of any provisions of this Declaration, or the rules and 0- 0 Â®G regulations relating to tlic Common Elements. Each Owncr shall indemnify, defend and hold the FE â‚¬6 Association harmless from any loss, damage, expense or liability arising from the circumstances Â® a described in subsections (a) or (b) immediately above. The Association shall have the power to levy 00 .0 and collect a Reimbursement Assessment against a Unit Owner to recover the costs, expenses, damage, M e S U losses or liabilities incurred by the Association as a consequence of any such negligence, willful I 1- misconduct or violations by the Owner or the Owner's Occupant. M 0 14 lili 1 111111111111111111111111111!11'11! lilli 5.4 Damage or Destruction to Common Elements. In the event of damage to or destruction of the Common Elements. including improvements thereon, by fire or other casualty, the Association shall repair or replace the same in accordance with the provisions of Section 8.2 below. Repair, reconstruction, or replacement of Common Elements shall be accomplished under such contracting and bidding procedures as the Association shall determine are appropriate. If insurance proceeds available to the Association on account of damage or destruction exceed the cost of repair, reconstruction, and replacement, the Association may use the same for future maintenance, repair, improvement, and operation of Common Elements or for any other usc deemed appropriate by the Executive Board. 5.5 Condemnation of Common Elements. If any Common Element or part thereof or interest therein is taken under exercise of the power of eminent domain or by purchase in lieu thereof, the portion of any award in condemnation or the price payable for the deed in lieu that is attributable to the Common Element taken or purchased shall be paid to thc Association. The Association shall have the exclusive right to participate in such condemnation proceedings and to represent the interests of all Owners and Occupants and other persons therein. Any award or funds received by the Association shall be held by the Association for the purposes stated in Section 5.4 above or as a reserve for future maintenance, repair, reconstruction, or replacement of Common Elements or may be used for improvements or additions to or operalion of Common Elements or for such other uses as may be deemed appropriate by the Executive Board. Except as may otherwise be provided by the Act, no Owner or other person shall be entitled to participate as a party or otherwise in any condemnation proceedings nor to receive any proceeds therefrom- ARTICLE 6 ASSOCIATION 6.1 Association; General Powers. The Association has been formed as a Colorado nonprofit corporation under the Colorado Nonprofit Corporation Act to manage the affairs of the Common Interest Community. The Association shall serve as the governing body for all of the Owners and Occupants for the protection, improvement, alteration, maintenance, repair, replacement, administration and operation of the Common Elements, the levying and collection of Assessments for Common Expenses and other expenses of the Association, and such other matters as may be provided in this Declaration, the Articles and the Bylaws. The Association shall have all of the powers, authority and duties as may be necessary or appropriate for the management of the business and affairs g of the Common Interest Community, including without limitation all of the powers, authority and duties of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, and all of the powers and duties provided for in the Act. The Association shall have the power to assign its right to. JZ future income, including the right to receive Common Expense assessments, but only upon the ,-M u, o affirmative vote_ofthe Owners efUnits holding at least 51 percent of the total allocated votes in the ~ E Association. The Association shall not bc deemed to be conducting a business of any kind, and all ~g * funds received by the Association shall bc held and applied by il for the Owners in accordance with the ,_ &1 provisions of this Declaration, the Articles and the Bylaws. 6.2 Association Executive Board. Thc affairs of the Association shall be managed by an Executive Board. The number, term, and qualifications of the members of the Executive Board shall be fixed in the Articles of Incorporation or the Bylaws, except that there shall never be less than 3 members. A...auorumshall-be deemed present throughout any meeting of the Executive Board if G persons entitled to cast at least_50 percent of the votes on Ilic Executive Board arc prcsfnt at Uic O beginning of the meeting. With the exception of matters that may be discussed in executive session, as set forth in Section 38-33.3-308(3-7) of the Act, all regular and special meetings of the Executive â€ž 4 Board or any committee thereof shall be open to attendance by all Members of the Association or their ~~ ~ !% representatives. Without limiting the generality of the foregoing, no rule or regulation may be validly a: adopted during an executive session. M 0 S 15 lilli 1 1111 ellil N'IM!'11 4210 3 8/24 98 The Executive Board shall have all of the powers, authority and duties granted or delegated to it by the Act, this Declaration, the Articles or Bylaws. Except as provided in the Act, this Declaration, the Articles or Bylaws, the Executive Board may act in all instances on behalf of the Association. The Executive Board may not, however, act on behalf of the Association to amend this Declaration, to terminate the Common Interest Community, or to elect members of the Executive Board or determine the qualifications, powers and duties, or terms of office of Executive Board members, but the Executive Board may fill vacancies in its membership for the unexpired portion of any term. The Executive Board may, by resolution, delegate portions of its authority to officers of the Association, but such delegation of authority shall not relieve the Executive Board of the ultimate responsibility for management of the affairs of the Association. No member of the Executive Board and no officer shall bc liable for actions taken or omissions made in the performance of such member's or officer's duties except for wanton and willful acts or omissions. 6.3 Membership in Association. There shall bc one Membership in the Association for each Unit within the Common Interest Community. The person or persons who constitute the Owner of a Unit shall automatically bc the holder of the Membcrship appurtcnant to that Unit, and shall collectively be the "Member" of the Association with respect to that Unit, and the Membership appurtenant to that Unit shall automatically pass with fee simple title to the Unit.. Membership in the Association shall not be assignablc separate and apart from fee simple title to a Unit, and may not otherwise be separated from ownership of a Unit. 6.4 Votiniz RiEhts of Members. Each Unit in the Common Interest Community shall have that allocated portion of the volgs in the Association as is set forth in the Allocated Interests Schedule attached hereto as .ENhibil A.- Occupants of Units shall not have voting rights. If title to a Unit is owned by more than one (1) person, such persons shall collectively cast their allocated votes. If only onc of the multiple owners of a Unit is present at an Association meeting, such owner is entitled to cast the votes allocated to that Unit. If more than one of the multiple owners is present, the votes allocated to that Unit may be cast only in accordance with the agreement of a majority in interest of the owners. There is majority agreement if any of the multiple owners casts the votes allocated to that Unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the Unit. In the event of a protest being made by onc or more multiple owners, and a maJority of the multiple owners of the Unit cannot agree on how to cast their votes, any votes cast for that Unit shall be null and void with regard to the issue being voted upon. Such multiple owners and their Unit shall nevertheless be counted in determining the presence of a quorum with respect to the J Z 00 issue being voted upon. 0 0 â€¢-1 Z A quorum is deemed present throughout any meeting of the Members of the Association if OX ===a S persons entitled to cast at least 50 percent of the total allocated votesinthe Association are present, in 9- person or by proxy, at the bcginmniofthcmeeting. For example, if the total allocated votes set forth /O on the Allocated Interests Schedule is 1000, a quorum exists if persons entitled to cast at least 500 of e 00 said allocated votes are present. 0Z 0- e Provided a quorum of allocated votes is present in person or by proxy, the affirmative vote of a <r. 9 00 majority of the total allocated votes so present shall constitute approval of any matter voted upon 3(yo - ~ unless a different number is required on a particular matter by the Act, this Declaration, thc Articlcs ' 86"A GO 00 0 or the Bylaws. a,G t The votes allocated to a Unit may be cast pursuant to a proxy duly executed by a Unit Owner. If a Unit is owned by more than one person, each owner of the Unit may vote or register protest to the "~ casting of a vote by the other owners of the Unit through a duly executed proxy. A Unit Owner may = ~ not revoke a proxy given pursuant to this Section except by actual notice of revocation to the person 0 16 111111111111111111111!11 mill 111111 4210 3 08/24/ 9 presiding over a meeting of thc Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy shall terminate eleven ( 11) months after its date, unless a different termination date is otherwise set forth on its face. The Unit Owners, by a vote *~Â£Lbercent of all allocated votes present and entitled to vote at any meeting of the Unit Owners at which a quorum is present, Tmramoveanx--me Executive Board with or without cause. ARTICLE 7 ALLOCATED INTERESTS Each Unit Owner's percentage of undivided interests in the Common Elements, and the Common Expense liability and votes in the Association allocated to each Unit, are set forth in the Allocated Interests Schedule attached hereto as Exhibit A. Such Allocated Interests are based on the square footage of the respective Units. A Unit's undividcd interest in the Common Elements, and the Common Expense liability of thal Unit, is a percentage calculated by dividing the square footage of that Unit into the total square footage of all of the Units, with the resulting number rounded off to the nearest hundredth. A Unit has the same number of votes in the Association as there arc square feet in thc Unit. ARTICLE 8 INSURANCE 8.1 Insurance Requirements. Thc Association shall obtain, maintain and keep in full force and effect at all times the following types of insurance, and the cost of said coverage shall be paid by the Association as a Common Expense: (a) Casualty Insurance. Property insurance on the Common Elements and on any property owned by the Association. The insurance must include the Units but not the finished interior surfaces of the walls, floors and ceilings of the Units. Such insurance shall bc for broad form covered causes of loss, including casualty, fire, and extended coverage insurance including, if available at a reasonable cost, coverage for vandalism and malicious mischief. Such insurance shall be for the full insurable replacement cost of the Units and other insured property, less applicable deductibles at the time the insurance is purchased and at each renewal ~ date, exclusive of land, excavation, foundations and other items normally excluded from property policies. -1 Z - 3 (b) Liability Insurance. Comprehensive general liability insurance against claims U) O 0 and liabilities arising in connection with the ownership, existence, use or management of the .4 Z Common Elements and covering public liability or claims of liability for injury to persons ===Z ~ and/or property, and death of any person or persons. Such liability insurance shall, to the ,- n. extent reasonably obtainable, (a) have limits of not less than Two Million Dollars CI ($2,000,000.00) per person and Two Million Dollars ($2,000,000.00) per occurrence; (b) 9G insure the Executive Board, the Association and its officers, and their respective employees, 0G agents and all persons acting as agents; (c) include the Owners as additional insureds, but only OZ for claims and liabilities arising in connection with the ownership, existence, use or 0- e ee management of the Common Elements; (d) cover claims of one or more insured parties against 0 other insured parties; and (e) bc written on an occurrence basis. .4 Â®0 (c) Worker's Compensation. A Worker's Compensation policy, if necessary, to M G 99~2 meet the requirements of law. =ZE -'9,9 ~53 0 17 -.N 111111111111111111'lili 1!Il'll Illili (d) Directors and Officers Liability Insurance. Thc Association may, in its discretion, carry directors and officers liability insurance in such amount as the Executive Board may deem appropriate. (c) Other Insurance. Such other insurance in such amounts as the Executive Board shall determine, from time to time. to bc appropriate to protect the Association or the Unit Owners, or as may be required by the Act. (f) General Provisions Respecting Insurance- Insurance policies carried pursuant to Sections 8.Ha) and 8.1(b) above shall provide that (i) each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Elements or membership in the Association; (ii) thc insurer waives its rights of subrogation under the policy against the Association, each Owner, and any person claiming by, through, or under such Owner or any other director, agent or employee of the foregoing; (c) no act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) if at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association's policy shall be the primary insurance. An insurer that has issued an insurance policy for the insurance described in Sections 8.1(a) and 8.1(b) above shall issue certificates or memoranda of insurance to the Association and, upon request, to any Unit Owner or holder of a secunty interest to whom a certificate or memorandum of insurance has been issued, at their respective last-known addresses. Any loss covered by the property insurance policy described in Section 8.1(a) above must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Associauon, Unit Owners and lienholders as their interests may appear. Subject to the provisions of Secuon 38.33.3-313(9) of the Act, the proceeds must be disbursed first for the repair or restoration of the damaged property, and thc Association, Unit Owners. and lienholders are not entitled to receive payments of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely restored or the Common Interest Community is terminated. Thc Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims 0 0 adjustment. To the extent the Association settles claims for damages to real properly, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration for all Z deductibles paid by the Association. In the event more than one Unit is damaged by a loss, the Association in its reasonable discretion may assess each Unit Owner a pro rata share of any deductible paid by the Association. Insurance policies and insurance coverage shall be reviewed at least annually by the Executive Board to ascertain whether coverage under the policies is sufficient in light of the current values of Common Elements and in light of the possible or potential liabilities of the Association and other insured parties. -5 0 In no event shall insurance coverage obtained or maintained by the Association obviate the nccd for Owners and Occupants to obtain insurance for their own benefit. (g) NonliabilitÂ¥ of Association or Executive Board. Notwithstanding the duty of the Association to obtain insurance coverage, as stated herein, neither the Association nor any Executive Board member, shall be liable to any Unit Owner, Occupant, mortgagee or other person, if any risks or hazards are not covered by insurance, or if the appropriate insurance is not obtained because such insurance coverage is not reasonably obtainable on the Association's 18 3.VE, 'EIS~L"IJPLI"I 421013 08/ 4/1 behalf, or if the amount of insurance is not adequate, and it shall be the responsibility of each Unit Owner and Occupant to ascertain the coverage and protection afforded by the Association's insurance and to procurp and pay for such additional insurance coverage and protection as the Unit Owner or Occupant may desire. (h) Premiums. Premiums for insurance policies purchased by the Association and other expenses connected with acquiring such insurance shall be paid by the Association as a Common Expense, except that the amount of increase over any annual or other premium occasioned by the use, misuse, occupancy or abandonment of a Unit or its appurtenances, or Common Elements, by a Unit Owner or Occupant, may at the Executive Board's election, be assessed against that particular Unit Owner and his Unit as a Reimbursement Assessment, (i) Insurance Claims. The Association is hereby irrevocably appointed and authorized, subject to the provisions contained herein, to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims, and to do all other acts reasonably necessary to accomplish any of the foregoing. The Executive Board has full and complete power to act for the Association in this regard, and may, in its discretion, appoint an authorized representative, or enter into an insurance trust agreement, wherein the trustee shall have the authority to negotiate losses under any policy purchased by the Association. 0) Benefit. Except as otherwise provided herein, all insurance policies purchased by the Association shall be for the benefit of, and any proceeds of insurance received by the Association or any insurance trustee shall be held or disposed of in trust for the Association, the Unit Owners, or the Occupants, as their interests may appear. (k) Other Insurance to be Carried bv Unit Owners. Insurance coverage on the improvements, furnishings and other items of personal property belonging to a Unit Owner or Occupant, and public liability insurance coverage upon each Unit and any Limited Common Elements designated for that Unit shall be the responsibility of the Owner or Occupant of the Unit. 8.2 Damaae to Common Interest Communitv. Any portion of the Common Interest 8 Community for which insurance. is required under Section 38-33.3-313 of the Act that is damaged or destroyed must be repaired or replaced promptly by the Association unless: (i) the Common Interest JZ Community is terminated; (ii) repair or replacement would be illegal under any state or local statute or 00 o ordinance governing health or safety; or (iii) 80 percent of the Unit Owners, including owners of every -Z Unit that will not be rebuilt, vote not to rebuild. -0 30 0.- 1- 0- The cost of repair or replacement in excess of insurance proceeds and reserves is a Common 2 0 Expcnsc. If the entire Common Interest Community is not repaired or replaced, the insurance proceeds JÂ· attributable to the damaged Common Elements must be used to restore the damaged property to a EZZ:z condition compatible with the remainder of the Common Interest Community, and, except to the extent that other persons will be distributecs, the insurance proceeds attributable to Units and Limited im& 2 Common Elements that are not rebuilt must be distributed to the Owners of those propenies, or to lienholders, as their interests may appear, and the remainder of the proceeds must be distributed to all ~G O Unit Owners or licnholders as their interests inay appear in proportion lo tlic Common Elements interests of the Units. In the event of damage to or destruction of all or a portion of the Common Elements due to fire -IN or other adversity or disaster, the insurance proceeds, if sufficient to reconstruct or repair the damage, EEÂ®Z shall be applied by the Association to such reconstruction and repair. If the insurance proceeds with respect to such damage or destruction arc insufficient to repair and reconstruct the damage or 224.3 9 M -N 19 lilli Ill 111[ 1 lili 4210 3 8 destruction, the Association may levy a Special Assessment in the aggregate amount of such dcficicncy, or if any Owner or group of Owners is liable for such damage, may levy a Reimbursement Assessmcnt against the Owner or group of Owners responsible therefor, and shall proceed to make such repairs or reconstruction. Such Assessment shall bc due and payable as provided by resolution of the Executive Board, but not sooner than 60 days after v>ritten notice thereof. The Assessment provided for herein shall be a debt of each Unit Owner assessed and a lien on his Unit, and may be enforced and collected in the same manner as any Assessment Lien provided for in this Declaration. If the entire damaged property is not repaired or replaced, the insurance proceeds attributable to the damaged property must be used to restore the damaged property to a condition compatible with the remainder of the Common Interest Community. No distributions of insurance proceeds shall be made unless made jointly payable to the Unit Owners and first mortgagees of their respective Units, if any. ARTICLE 9 LIMITED LIABILITY Neither the Association nor its past, present or future officers or directors, nor any other employee, agent or committee member of the Association shall be liable to any Owner or Occupant or to any other person for actions taken or omissions made except for wanton and willful acts or omissions. Without limiting the generality of the foregoing, the Association and the Executive Board shall not bc liable to any Owner or Occupant or other person for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. Acts taken upon the advice of legal counsel, certified public accountants, registered or licensed engineers, architects or surveyors shall conclusively be deemed to bc in good faith and without malice. To the extent insurance carried by the Association for such purposes shall not be adequate, the Owners severally agree to indemnify and to defend the Association and the Executive Board against claims, damages or other liabilities resulting from such good faith action or failurc to act. ARTICLE 10 ASSESSMENTS 10.1 Assessment Obligation. Landowner, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefor (including a public trustee's or sheriff's deed), whether or not it shall be so expressed in any such deed or other instrument of conveyance, shall bc deemed to covenant and agree. to pay to the Association: (1)Relarassessments or charges, (2) Â§222_3ssessments, and (3) Reimbursement Assessments, such assessments to be established and o collectea as hereinafter provided (collectively the "Assessments"). The Assessments, together with - o interest, late charges, costs, and reasonable attorneys' fees, shall bc a continuing lien and security mi& interest upon the Unit against which each such Assessment is charged. The obligation for such payments by each Unit Owner to the Association is an indcpcndent covenant, with all amounts due ~ from time to time payable in full without noticd (cxcept as otherwise expressly provided in this El Z Declaration) or demand, and without set-off or deduction of any kindÂ· or nature. Each Unit Owner is -> .4 x liable for Assessments made against such Owner's Unit during his period of ownership of the Unit. ,_~ Each Assessment, together with interest, late charges, costs and reasonable attorneys' fees, shall also be the joint, several and personal obligation of each person who was an Owner of such Unit at the time ge when the Assessment became due. Upon the transfer of title to a Unit, the transferor and the transferce OG shall be jointly, severally and personally liable for all unpaid Assessments and other charges due to the oz Association prior to thc dalc of transfer, and the transfcrcc shall bc personally liable for all such 0- 0 Se Assessments and charges becoming due thereafter. 00 10.2 Statutory Lien. The Association has a statutory lien pursuant to Â§38-33.3-316 of the Act on the Unit of an Owner for all Assessments levied against such Unit or fines imposed against W G *ES, such Unit's Owner from the time the Assessment or fine becomes duc (the "Assessment Lien"). Fees. ~4 5 charges, late charges, attorneys' fees, fines and interest charged by the Association pursuant to the Act 20 io Cv 111 11111111111111111111111111111!1 . 4210 3 8 or this Declaration are enforceable as Assessments. The amount of the lien shall include all such items from the time such items become due. If an Assessment is payable in installments, the Association has an Assessment Lien for each installment from the time it becomes due, including thc due date sct by the Executive Board's acceleration of installment obligations. An Assessment Lien is exlinguished unless proceedings to enforce the lien are instituted within 6 years after the full amount of Assessments becomes due. 10.3 Lien Superior to Homestead and Other Exemntions. An Assessment Lien shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said Assessment Lien. 10.4 Prioritv of Lien. An Assessment Lien is prior to all other liens and encumbrances on a Unit except as follows: (a) Liens and encumbrances recorded before the recordation of this Declaration; (b) A security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the Assessment sought to be enforced became delinquent. An Assessment Lien is prior to the security interest described in the preceding sentence to the extent of an amount equal lo the Regular Assessments (based on a Budget adopted by the Association pursuant to Section 10.7 below) which would have become due, in the absence of any acceleration, during the 6 months immediately preceding institution by the Association or any party holding a lien senior to any part of the Association lien created under this Article 10 of an action or a nonjudicial foreclosure either to enforce or to extinguish the lien; (c) Liens for real estate taxes and other governmental assessments or charges against the Unit; and (d) As may otherwise be set forth in the Act. The priority of mechanics' and matcrialmen's liens is not affected by the Act. c This Article 10 does I10t prohibit an action or suit to recover sums for which this Article 10 creates a o lien or prohibit the Association from taking a decd in lieu of foreclosurc. Sale or transfer of any Unit A- >- shall not affect the lien for an Assessment. ==25 =0 8 10.5 Perfection of Lien. Thc recording of this Declaration constitutes record notice and perfection of the statutory lien. No further recordation of any claim of lien for Assessments is ..lox required; however, a claim may be recorded at the Association's option, in which event costs and -= 4 attorneys'fees incurred in connection with thc preparation and filing of such claim shall be assessed 1- 0- ==mz against the Unit as a Reimbursement Assessment. ==04 10.6 Reeular Assessments. **1#Z ..&2 -.,-faT ~-mA.~.Regular Assessment shall bc madc annually against each Unit, based upon . a<annual Budget~epared by the Executive Board, for purposes of paying (i) the annual costs -gO oY-ancrating and administering the Association and all other Common Expenses, (ii) the costs -es of services rendered or expenditures incurred by the Association to or for less than all Units ==34 (but not including Common Expenses), which shall be assessed only to the Units benefited and then equally among them, (iii) reasonable reserves for contingencies, replaccments, and other -N -ee 0 21 m '1 N 421013 8 proper purposes, and (iv) such other matters as may bc reasonably determined by the Executive Board to bc the subject of a Regular Assessment; (b) Regular Assessments shall be allocated in accordance with the Allocated Interests of each Unit in the Common Interest Community, except that (i) any Common Expense or portion thereof benefiting fewer than all of the Units shall bc assessed exclusively against the Units benefited; (ii) in allocating natural gas charges, the garage and basement IRaccs (containing a total of 1,912 square feet) shall be deleted from the square footage dgED ~i.1-@d the Common Expense liability of the Units shall be recalculated accordingly; and (iii) -3!if Common Expense associated with the maintenance, repair, improvement or replacement of a Limited Common Element shall be assessed only against the Unit(s) for which the Limited Common Element is designated. Notwithstanding the foregoing, the costs of routine cleaning and snow clearing of entries, halls and stairways that are designated Limited Common Elements on the Map shall bc Common Expenses that are assessed against all Units. (c) Rcgular Assessments shall be levied on a calendar year basis, except that the initial Regular Assessment period shall commence on the first day of the final quarter of 1998. Regular Assessments shall be paid in installments on a monthly, quarterly or semi-annual basis, as the Executive Board may determine from time to time, and shall be due either on the first day of each calendar month or on the first day of each calendar year quarter (January 1, April 1, July 1 and October 1), or on the first day of a semi-annual period (e.g. January 1, July 1) as appropriate. Unless and until changed to a monthly or semi-annual system by the Executive Board, Regular Assessments shall be due and payable on thefirst day of each, calendar quarter. Any Unit Owner acquiring a Unit between installment due dates shall pay a -pro-ima share of the immediately preceding installment. (d) The Executive Board sh~1.fix-thLamunLaf.the-RegulaLAssgssment, using the Budget procedure described below, at least 30 days before the end qfcach calendar year., Written notice of the Regular Assessment shall bc sent-tocaciE-Dwner. Failure of the Executive Board timely to fix and levy the Regular Assessments for any year or to send a notice thereof to any Owner shall not relieve or release any Owner from liability for payment of Regular Assessments or any installments thereof for that or subsequent years as soon as the Excculivc Board levics the Regular Assessment and provides notice thereof. (c) The Executive Board shall also mail to each Owner at least 10 days prior to the due date thereof a written notice of the amount of the next quarterly (or monthly or semi annual. as the case may bc) installment of Regular Assessment that is due from such Owner, and the date on which such installment is due pursuant to subparagraph (d) above. Failure of the Executive Board to send timely notice to any Owner of an installment of Regular Assessment due shall not relieve or release any Owner from liability for payment of that installment as soon as the Executive Board in fact provides such notice. (f) In accordance with Â§38-33.3-314 of thc Act, any surplus funds remaining after payment of or provision for Association expenses and any prepayment of or provision for reserves shall be carried forward as a credit against the next year's budget. 10.7 Association Budget. The Executive Board is adopting a Budget for the final quarter of 1998. Thc regular assessments for said final quarter shall be based on that Budget. During the last 3 months of 1998, and annually thereafter, the Executive Board shall prepare or cause to be prepared an operating budget (the "Budget") for the next calendar year. The Budget shall provide for the allocation of any surplus funds remaining from any previous Budget period. Within thirty (30) days after adoption of any proposed Budget for the Association (other than the Budget for the final quarter of 1998), the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver, a summary 22 11.1 of the Budget to all the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the Budget not less than 14 nor more than 60 days after the mailing or other delivery of the summary. Such meeting may, but need not, be, concurrent with the annual meeting of the Members as provided in the Bylaws. Unless at that meeting 67 percent of all Unit Owners reject the Budget, the Budget shall be ratified, whether or not a quorum of Owners is present. In the event that the proposed Budget is rejected, the Budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent Budget proposed by the Executive Board. 10.8 Special Assessments. In addition to the Regular Assessments and Reimbursement Assessments authorized in this Article 10, the Executive Board may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, maintenance, or replacement of capital improvements (including related fixtures and personal property) to or upon or serving the Common Interest Community, or for excess rcconstruction costs or other extraordinary expenses, or for funding any operating deficit of the Association. Except in the event of an emergency, where no membership vote shall be required, the Executive Board shall not levy a Special Assessment without the approval of the Unit Owners in the Common Interest Community as provided below. Written notice of any meeting called for the purpose of levying a Special Assessment shall be sent to all Owners no less than 30 or more than 50 days before the meeting. At the meeting, the presence of Owners in person or by proxy that are entitled to cast 60 percent of the total allocated votes in the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called pursuant to the same notice requirements, and the required quorum at this second meeting shall be only 30 percent of the total allocated votes in the Association. No such second meeting shall be held more than 60 days following the date of the first meeting. Provided a quorum of Owners entitled to vote is prcscnt in person or by proxy, in accordance with the quorum requirements set forth in the preceding paragraph, then the affirmative vote of a majority of the Owners so present shall constitute approval of the proposed Special Assessment. For purposes of this Section 10.8, the term "emergency" shall mean any circumstances or set of circumstances which pose an imminent threat of loss, damage or injury, actual or threatened, to persons or property. Special Assessments shall bc allocated in the same manner as Regular Assessments, that is, in accordance with the Allocated Interests of each Unit in the Common Interest Community, and shall be due and payable to the Association on the due date fixed by the Executive Board in the notice given to the Owners of such Special Assessment, which due date shall be no earlier than 30 days after the giving of such notice. 10.9 Reimbursement Assessments. In addition to the Regular and Special Assessments authorized hereunder, the Executive Board may levy against any Owner or Owners, at any time and from time to time, a Reimbursement Assessment for purposes of rcimbursing the Association for all costs and expenses incurred by it in enforcing any provision of or in remcdying any violation of this Declaration, the Articles and Bylaws, or any rules and regulations, by such Owner or Owners, their Occupant(s), or their agents, employees or contractors. Reimbursement Assessments may also be made by the Executive Board for any other purposes for which this Declaration provides for the levying of a Reimbursement Assessment. Finally, and in addition to the foregoing, a Reimbursement Assessment may also bc levicd in thc form of a reasonable fine against an Owner for a violation of this Declaration, the Articles, Bylaws, or the rules and regulations, but only after the Owner(s) to be so fined have been provided with Notice and Hearing. Reimbursement Assessments shall be due and payable to the Association on the due date fixed by the Executive Board in the notice given to the Owner(s) of such Reimbursement Assessment, which date shall bc no earlier than 30 days after the giving of such notice. 111'111 lilli 1111111111111111111'11 lilli 1111111111 111111 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 27 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY Co 23 .. 10.10 Effect of Nonpavment of Assessments; Remedies of the Association. Any Assessment or portion or installment thereof which is not paid when due (or for which a bad check is issued) shall be deemed delinquent and shall bear interest from and after the due date at the rate of interest set by the Executive Board from time to time, which shall not bc less than 12 percent nor more than 21 percent per year, and the Executive Board may also assess a late charge (and/or a bad check charge) thereon. The Executive Board may also elect to accelerate the installment obligations of any Regular Assessment for which an installment is delinquent. The delinquent Owner shall also be liable for all costs, including attorneys' fees, which may be incurred by thc Association in collecting a dclinquent Assessment, which collection costs shall be added to the delinquent Assessment. The Executive Board may but shall not be required to record a Notice of Delinquent Assessment or charge against any Unit as to which an Assessment or charge is delinquent. The Notice shall be executed by an officer of the Executive Board, and shall set forth the amount of the unpaid Assessment or charge, the name of the delinquent Owner and a description of the Unit. The Assessment Lien may be foreclosed by the Association in the same manner as a mortgage on real property. The Association shalI be entitled to purchase the Unit at foreclosure. The Association may also bring an action at law against the Owner personally obligated to pay the delinquent Assessment and/or foreclose the lien against said Owner's Unit in the discretion of the Association. No Owner may exempt himself or othenvise avoid liability for the Assessments provided for herein by waiver of the use or enjoyment of any Common Elements or by abandonment of the Unit against which the Assessments are made. In any action by the Association to collect Assessments or to foreclose a lien for unpaid Assessments, the court may appoint a receiver to collect all sums alleged to be due from the Unit Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Regular Assessments. 10.11 Statement of Unpaid Assessments. The Association shall furnish to an Owner or such Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by facsimile transmittal or by certified mail, first class postage prepaid, return receipt requested, to the Association, a written statement setting forth the amount of unpaid . Assessments currcnlly levied againsl such Owner's Unit, whether dclinquent or not. The statement shall be furnished within 14 days after receipt of the request and is binding on the Association, the Executive Board, and every Owner. If no statement is furnished either delivered personally or by facsimile transmission or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the request. 10.12 Assessments for Tort Liability. In the event of any tort liability against the Association which is not covered completely by insurance, each Owner shall contribute for the payment of such liability as a Special Assessment. The Association may, however, require a larger contribution from fewer than all Owners under any legal or equitable principles regarding liability for negligent or willful acts or omissions. ARTICLE 11 EMINENT DOMAIN 11.1 Definition of Taking. The term "taking", as used in this Article 11, shall mean condemnation by eminent domain or sale under threat of condemnation. 11.2 Representation in Condemnation Proceedings of Common Elements. In the event of a threatened taking of all or any portion of the Common Elements, the Unit Owners hereby appoint the 111111111111111111111111111111111111111111 111111111 lili 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 24 28 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO Association through such persons as the Executive Board may designate to represent the Association and all of the Unit Owners in connection thercwith. The Association shall act in its sole discretion with respect to any awards being made in conuection with the taking and shall bc entitled to make a voluntary sale to the condemnor in lieu of engaging in a condemnation action, Service of process on the Association shall constitute sufficient notice to all Unit Owners, and service of process on each individual Unit Owner shall not be necessary. 11.3 Award for Common Elements. Any awards received by the Association on account of the taking of Common Elements shall be paid to the Association. The Association may, in its sole discretion, retain any award in the general funds of the Association or distribute aIl or any portion thereof to the Townhome Unit Owners as their interests may appear. The rights of a Unit Owner and the mortgagee of a Unit as to any such distribution shall be governed by the provisions of the mortgage encumbering the Unit. 11.4 Taking of Units. If a Unit is acquired by eminent domain or part of a Unit is acquired by eminent domain leaving the Unit Owner with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, the award must include compensation to the Unit Owner for the acquired Unit and its Allocated Interests whether or not any Common Elements were acquired. Upon acquisition, unless the decree otherwise provides, that Unit's Allocated Interests are automatically rcallocated to the remaining Units (as appropriate) in proportion to the respective Allocated Interests of those Units before the taking. Any remnant of a Unit remaining after part of a Unit is taken is thereafter a Common Element. Otherwise, if part of a Unit is acquired by eminent domain, the award must compensate the Unit Owner for the reduction in value of the Unit and its interest in the Common Elements whether or not any Common Elements were acquired. Upon acquisition, unless the decree otherwise provides: (a) That Unit's Allocated Interests arc reduced in proportion to the reduction in the size of the Unit; and (b) The portion of Allocated Interests divested from the partially acquired Unit is automatically reallocated to that Unit and to the remaining Units (as appropriate) in proportion to the respective interests of those Units before the taking, with the partially acquired Unit participating in the rcallocation on the basis of ils reduced Allocated Interests. 11.5 Miscellaneous. The court decree shall be recorded in Pitkin County. The reallocations of Allocated Interests pursuant to this Article shall be confirmed by an amendment to the Declaration prepared, executed, and recorded by the Association. ARTICLE 12 GENERAL PROVISIONS 12.1 Duration of Declaration. The term of this Declaration shall be perpetual. 12.2 Termination of Communitv. The Common Interest Community may bc terminated only by the agreement of (i) Unit Owners holding at least 80 percent of the total allocated votes in the Association, and (ii) the holders of all first mortgages on Units. In the event of such termination, the provisions of Section 38-33.3-218 of ihc Acl shall apply. 12.3 Amendment of Declaration and Map. This Declaration and the Map may be amended pursuant to Section 38-33.3-217 of the Act. Under the Act, the Declaration may be amended by the Association in certain defined circumstances. Otherwise, this Declaration (including the Map) may bc amended only by the vote or agreement of Unit Owners holding at least 67 percent of the total allocated votes in the Association. All amendments to this Declaration and to the Map shall require 1111111111'lim "1111111111111111111111111111111 lili 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 25 29 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO the prior written consent of the Managers of the Mocklin Homeowners Association LLC. No amendments to the provisions of Sections 3.19, 3.27(a) and/or 3.27(g) that specifically refer to Unit 1, and no amendments of any kind to Section 3.20 or 3.29, shall be effective without the written consent of the Owner of Unit 1. No consent of any mortgage or trust decd holder shall be required to accomplish any such amendments. An amendment to this Declaration shall be in the form of a "First (or Second, etc.) Amendment to Declaration and Map," and shall be duly executcd by thc President and Secretary of the Association and the Managers of the Mocklin Homeowners Association LLC and recorded in the Office of the Clerk and Recorder of Pitkin County. All amendments to this Declaration shall bc indexed in the Grantee's index in the names of the Common Interest Community and the Association, and in the Grantor's index in the name of each person executing the amendment. 12.4 Compliance; Enforcement. Every Owner and Occupant of a Unit in the Common Interest Community shall fully and faithfully observe, abide by. comply with and perform all of the covenants, conditions and restrictions set forth in this Declaration, the Articles, Bylaws and rules and regulations, and all approvals granted by the Executive Board, as the same or any of them may be amended from time to time. In addition to any other rights or remedies that may be provided to any person under the terms and provisions of this Declaration, the Association through its Executive Board, every Unit Owner (except an Owner that is delinquent in the payment of Assessments hereunder), and the Mocklin Homeowners Association LLC (being the entity formed to manage the affairs of adjoining Lots 1-6 of the Mocklin Subdivision), acting by and through its Managers, shall have the right, acting alone or together with others having such right, to enforce, by any proceeding at law or in equity, any or all of the covenants, conditions, restrictions, assessments, charges, liens, scrvitudes, casements and other provisions now or hereafter imposed by this Declaration. the Articles, Bylaws, rules and regulations, and approvals granted by thc Executive Board. Such enforcement rights shall include without limitation the right to bring an injunctive action for any form of injunctive relief available under Colorado law (including specific performance), or an action for damages, or both. Injunctive relief may include, without limitation, orders to stop work, orders to remove improvements constructed in violation hereof, orders to compel performance, and any other orders appropriate under the circumstances. The Executive Board shall have the further right (a) to levy and collect, after Notice and Hearing, reasonable fines for the violation of any of the foregoing matters, (b) to levy and collect a Reimbursement Assessment against any Owner, and/or (c) to enter upon any Unit within the Common Interest Community, after giving the Unit Owner or Occupant at least 5 days written notice of the nature of the violation (unless an emergency exists, in which case without notice), without liability to the Owner or Occupant thereof, to enforce or cause compliance with such matters, at the cost and expense of the Owner or Occupant in violation. In any action brought under this Section 12.4, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs incurred in connection therewith. Failure by any party entitled to do so to exercise in a particular instance any of the rights available to it under this Section 12.4 shall in no event be deemed a waiver of the right to do so in any other instance. Provided always, that no Owner shall have the right to bring an enforcement action against another Owner or Occupant for a breach by thal Owner or Occupatil of any of such mailers, or against the Association for a breach by the Association of any of such matters or for a failure by the Association to enforce compliance with such matters by others, until the aggrieved Owner has given the offending Owner or Occupant and the Association at least 30 days prior written notice of the aggrieved Owner's complaint and the opportunity to resolve the problem during that 30 day period. 1111111 lillill'1111111111" 11111111111111'lilill'll lili 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 26 30 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO And further provided, that notwithstanding any law to the contrary, no action shall be commenced or maintained to cnforcc the terms of any building restriction contained in the provisions of this Declaration. the Bylaws. the Articles of Incorporation, or the rules and regulations, or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction, unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained. 12.5 Notice. Each Unit Owner, and each first mortgagee if it so elects, shall register its mailing address from time to time with the Association. Except as otherwise specifically provided in this Declaration, any notice pcrmitted or required to bc given hereunder shall be in writing and may be delivered either personally, or by facsimile transmission, or by mail. Notices delivered personally or sent by facsimile transmission shall be deemed given on the date so delivered or sent. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been posted in the first-class U.S. Mail with adequate postage affixed, addressed to the receiving party at the address last registered by such parly with thc Association, or in the case of a Unit Owner that has not provided such an address, to the Unit of that Owner. Notices to the Association shall be sent to such address as it may from time to time designate in writing to each Owner. 12.6 No Dedication to Public Use. Nothing contained in this Declaration shall be deemed to be or to constitute a dedication of all or any part of the Common Interest Community to the public or to any public use. 12.7 Interpretation of Declaration. The provisions of this Declaration shall be liberally construed to effectuate its purposes of creating a common and general plan for the development, improvement, enhancement, protection and enjoyment of the Common Interest Community, and to the extent possible, shall bc construed so as to be consistent with the Act. In the event that any of the terms and conditions of this Declaration are determined to be inconsistent with the Act, the Act shall control. 12.8 Conflict With Map. In the event of any conflict or inconsistency between the provisions of this Declaration and the Map, the provisions of said Map shall govern and control and this Declaration shall automatically bc amended, but only lo the extent necessary to conform the conflicting provisions hereof with the provisions of said Map. 12.9 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction or equitable scrvitude contained in this Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any person entitled to enforce the provisions of this Declaration. This provision does not limit the remedies that may bc available under this Declaration or at law or in equity. Failure of the Association to bring enforcement action to correct any violation of this Declaration shall not constitute a waiver of or estop the Association from bringing a future or subsequent enforcement action to correct such violation or any other similar violation. 12.10 Captions. Captions given to various Articles and Sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof and shall tiol bc considered in inicrprcling any of ihc provisions hereof. 12.11 Singular Includes Plural. Unless the context requires a contrary ccnstruction, as employed in this Declaration the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 111111111111111111111111Ill 11111111111111 lilli ll'lil lili 421013 08/24/199B 01:40P DECLARAT DAVIS SILVI 31 of 34 R 171.00 0 0.00 N 0.00 PITKIN COUNTY CO 27 0 4 . 12.12 Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. 12.13 Costs and Attorneys' Fees. Jn any action or proceeding involving the interpretation or enforcement of any provision of this Declaration, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection therewith. 12.14 Governing Law; Jurisdiction. The laws of the State of Colorado shall govern the interpretation, validity, performance, and enforcement of this Declaration. Any legal action brought in connection with this Declaration shall bc commenced in the District Court for Pitkin County, Colorado, and by acceptance of a deed to a Unit each Unit Owner voluntarily submits to the jurisdiction of such court. 12.15 Severabilitv. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision of this Declaration is alleged to be or declared by a court of competent jurisdiction to be unconscionable, Landowner shall have the right by amendment to this Declaration to replace such provision with a new provision, as similar thereto as practicable but which in Landowner's reasonable opinion would be considered not to be unconscionable. IN WITNESS WHEREOF, Landowner has executed th~Declaration 2 4= first above written. LANDOWNER: P~lin ~~ MoniA M. Mocklin STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Declaration was acknowledged before me this.,~~. day of August, 1998, by Peter Mocklin and Monica M. Mocklin. WITNESS my hand and official seal. MY COMMISSION EXPIRES U-h , My commission expires: 417/01 --motal ~ *714<d ' Q F . 1/ 6 1 30 E C 0 X -1/ 2 ,5/Notary Pulmc %2&45Â·.: 'Â·Â·Â·. ASPEN:0023288.03 111111111111111111111111 11111111111111111111111 lili lili 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 32 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO 28 1.111Â» 6 EXHIBIT A t. ALLOCATED INTERESTS SCHEDULE Each Unit Owner's percentage of undivided interests in the Common Elements and the Common Expense liability and volcs in the Association allocated to each Unit shall be as follows: Unit No. Square Footage Percentage of Percentage Share Votes in Undivided of Common Association Interests in Expenses Common Elements 1 3,451 42% 42% 3,451 2 1,392 17% 17% 1,392 3 569 7% 7% 569 4 689 8% 8% 689 5 677 8% 8% 677 6 683 8% 8% 683 7 386 5% 5% 386 8 378 5% 5% 378 Totals: 8,225 100% 100% 8,225 1111111 lilli 111111111111 111 mil lilli 11111'11 lili lili 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 33 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO .. 0 EXHIBIT B REcoRDED EASEMENTS AND LICENSES 1. Easements shown on Plat of Mocklin Subdivision recorded June 14, 1996 in Plat Book 39 at Page 92 and on the First Amendment to PIat recorded August f . 1998 in Plat Book KY' at Page zâ‚¬Z_. 2. Easement Agreement recorded August 2 0., 1998 at Reception No. 42,0,1, 1111111111111111111111111111111111111111111111111111111 421013 08/24/1998 01:40P DECLARAT DAVIS SILVI 34 of 34 R 171.00 D 0.00 N 0.00 PITKIN COUNTY CO