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Home My WebLink AboutLand Use Case.775 Cemetery Ln.0037.2013.ASLU775 CEMETERy LN SUBDIVISION EXEMPTION 273512209019 273512209036 *ti~l j- 9/ Nl AZI313WEIJ 91.L Al THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0037.2013.ASLU PARCEL ID NUMBERS 2735.1220.9019 9935.\ 2 2 0 . 01 O 3G . PROJ ECTS ADDRESS 775-777 CEMETERY LANE PLANNER JUSTIN BARKER CASE DESCRIPTION SUBDIVISION EXEMPTION REPRESENTATIVE DATE OF FINAL ACTION 07/15/2013 CLOSED BY ANGELA SCOREY ON: 11/29/13 8103 9-2 - CERTIFICATE OF DEDICATION AND OWNERSHIP A WE I MANN -WI NCHE S TEE KNOW ALL PEOPLE BY THESE PRESENTS THIT WEIMANN PROPERT ES ELLP, BEING OWNER IN FEE S MPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, COLORADO DESCRÂ·8ED AS FOLLOWS: UNIT 775: AN UNDIVIDED ONE-HALF INTEREST IN AND TO LOT 4, WEST ASPEN SUBDIVISION, FILING NIO. 1 N COMMON 3 NTERE ST COMMUNI[ TY THE RECORDS OF PITKIN COU~TY, COLOAADO, ~:3 SUBJECT TO THE TERMS, CONDi T ONS AND ST I PULATIONS CONTAINED IN THE COMMON INTEREST COMMUNJTY DECLARAT~,~N FOR THE WEI,iNN-WINCHESTER COMMON JNTEREST COMMUNITY RECORDED =r./ 2013 AT RECEPT ION NO 691312_ 141 3 3 A AND ROBERT P WINCHESTER, BEING OWNER IN REE SIMPLE OF ALL THAT REAL PROPERTY . P SI TJATED IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS I 1--10 THE PURPOSE OF THIS PLIT & TO CRITE UNITS -775- *ID -777 UNIT 777 9 ~ DIVIDING Sk ID UNITS ALCNE THE CENTERL INEOF THE EX I STING PARTY WALL ' WEST ASPEN SADIVISION, FILING NO. 1-A, 02 AN UNDIVIDE) ONE-HALF INTEREST IN AND -O. LOT 4, LOT 4. 0 0 20 WEST IVEN SUBDIVISION, FILINC NO. 1-A. SUBJECT TO THE TERMS, CONDJTIONS AND STIPULATIONS CONTAINED IN THE COMMON W U.S SURvEY FOOT USED INTEREST COMMUNI TY D,Lf:T 1,26 FOR THE WEIMANN-WINCHESTER COMMON JNTEREST :r CITY OF ASPEN, COMMUNITY RECORDED , 2013 AT RECEPTION NO. ~*1L12.2- IN THE I COUNTY OF PITKIN, RECORDS OF PITKIN COUNTY, COLORADO, STATE OF COLORADO HAVE BY THESE PRESENTS LAID OUT, PLATTED. AND SUED.VIDED if THE SAME AS SHOWN HEREON AND DESIGNATE THE SAME AS THE WE IMANN-WI NCHESTER COMMON i NTEREST COMMUNITY M THE CITY OP ASPEN, PITKIN COUNTY COLORADO 00 THOSE POR'IONS OF SAID REAL PROPERTY WHICH ARE CREATED AS EASMENTS ON tHE . P ACCOMPANYING PLAT AND DO HEREBY GRANT THE RIGHT TO I NSTALL AND MAI NTAI N O NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING TIE SERVICES ./ FOR WHICH THE EASEMENTS ARE ESTABLISHED. CITY OF ASPEN 8 W H GPS MONUMENT 1 EXECUT~ TH IS r~_ DATQ F 1,4 L- 4 A D. 2013 S-159 an (>43(14â€ž,8 11/1 .IL)Â¢: 5-Ld>- 'c I I ~~t;' CITY OF ASPEN GENERAL PARTNERS 7 GABRIELA WEIMANNI, TRUSTEE Oc THE JOACH I M WE 1 M*IN TRUST U/T/A DATED OCTOBER 19, 2006 IND THE RENITE P. WEIMANN TRUST U/rl DATED OCTOBER 19. 2005, GPS MONUMENT CONCRETE N. ~~ NO. 4 DRIVE. 16~29 mxto it l. J â„¢,1 1 0 ENCROACHES , SS Â° 00 -0 9\ COWN+*-@F-PÂ·MPR?M- ) coc c LOT 5 THE FOREGO I NG CERT IF IALE OF DEDKAT ICN AND OWNERSHI P WAS ACKNOWLEDGED BEFORE ME THIS DAY --1.1- OF -Sit-2 . A.D. 2013 HY GABRIELA WEIMANN. / TRUSTEE OF THE JOACH'M WE IMANN TRQU U/T/A DATED OCTOBER 19. 2006 AND 0\ THE RENATE 1=+ ~11'EJ~NN 1~Â¢UST U/T/ D TE OCTOBER 19. 2006. GENERAL PARTNERS 1 / MY COMMISSION EXPIRES \hu,7 .1 WITNESS,gIND IND 055.JCIAL SEAL. /4 %~ NOTARY PUBLIC 444 A- yaa-* %\ I. - 1*/ f [100 i li L E 93 09Â· 4 -NS---GE--~ ~% 1 OFFICIAL SEAL FENCE LINE , , 76'26.30 /,- , PRIN. 4 0 EÂ¥~55.TH'*4_ DAY OF _f;l'~f L_, A.D. 2013 THOMAS KREGUL ENCROACHES BY 4â€¢Diwir , W.,v"*gÂ©,9 1101=Â¥ p.'IÂ· St- 01 UNnoN CONC Ill 1321 sÂ· 01 \LITY E,SEME. ROBERT P WINCHESTER 4 \ 4 BEFORE ME THIS DAY -12&11-- A.D. 2013 BY ROBERT P. WINCHESTER \ \ M STATE OF COLORADO ) \E 'll' , SS - -- f ST:NE Fulj s. 1 COUNTY OF PITKIN } THE FOREGOING CERT %Â©T:F 0 9, DED 1 CAT I ON AND O WNE R SH I P WAS ACK NOW LE DGE D . f \ 0 ~1 0 m MY COMMISSION EXPIRES: 5 15Â· 11 WITNIZSS MY HAND AND OFFICIAL SEAL BAR 0.5 NO CAP - 59106â‚¬4- - \ 16 \ 1%)S to NOTARY PUBL IC ~ US,Â·. k POF .5, 4 1 r, 26 7 5 -:> â€¢ou' ...0 "777' UNIT 59 ~ ' \ 1 73 EXECL-ED THIS _21 DAY Oc ~ _, A.D. 20 I 3 1 . -- "â€¢â€¢" ;~'#20[tâ€¢- - ..38 -3 . - .... I!...biÂ».I:;i, ~5 2/7 PLANTSR 6759 SQ FT +/- , 1 ~ ~ 9Â£c. , 9-9 -5- r ~' c~ ~' ~ ~ AS RECEPTION NO. 537042 OF THE QEA- ESTATE RECORDS OF PITK ]N COUNTY, MORTGAGEE'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT ALP I NE BANK 1 S THE MORTGAGEE OF THE HEREIN DESCRIBED REAL PROPERTY ~S EVIDENCED BY THAT DEED OF TRUST RECORDED 0 N. 4 COLORADO, HEREBY CONSENTS TO THE RECORDING OF THIS PLAT # \ 0 . S â€¢ ~ \~ s. s EXECUTED THIS _9:k|&. DAY OF Sklf 2013. ASPEN GOLF ~ -, PATIO COMMON * 6 ~614ESS FT CONCRETE a ALPINE BANK BY. -ITI F 464. Vice fra.,064 ~ DRIVE 1 --8 2 COURSE LE*:i PATIO DUPLEX -Â·- ~ MULTI-STORY ./.09 \P COUNTY OF PITKIN ~5 2~Y~ WAS ACKNOWL~GED BEFORE ME THIS 1_ \ A lir a t W;TNESS MY HAND AND OFFICIAL SEAL 79*uNDAAV- M~COMMISSION EXPIRES: I/,pY 1 J. SCOTT NORRIS ~= 1 STATE OF COLORADO :\ PAT IO 'm NOT'~ PUBLIC I NOTARY PUBLIC - EDGE OF PAVED ~1,$ -** PARTY-WALL _L--~Â·9Â·Â·--o DRIVE iq SURVEYOR' S CERTIFICATER'I'Commimaion'.wwm, LAWN L C.E. ~-Te 6 \1 1. JOHN M. HOWORTH. HEREBY CERTIFY THAT A SURVEY WAS PERFORMED tz/ UNDER MY DIRECTION AND SUPERVISION OF THE BEREONI DESCRIBED -----Â·t--Â·c}f~-~TONE A~ ) PROPERTY, THE LOCATION IND D]MENS IONS OF TÂ·E BOUNDARY L MES, BUJUDING ENVELOPES. UTILITIES. IMPROVEMENTS AND EASEMENTS AS SHOWN ON THE TITLE COMMITMENT HE NOTED HEREON AND ARE ACCURATELY SWOWN ON THJ S P AT Â»10 THAT THE SURVEY WAS DONE IN ACCORDANCE UNIT -1-0- -{ME, SURVEY CONTROL PRECISION LESS THAN 1/15.000 WITH C.R. 5. 197~Â·TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO SIGN REPINING WORTH, PCS 25947 "775' 0% 6630 SQ FT ,/- t-2 2-7. 2013 CI OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL 0/ HE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REV EWED AND APPROVED FOR COMPLIANCE WITH THE ,â€¢,PPLICklE *.#*L.3--1 --- 6129 PROVISIONS OF THE CITY OF ASPEN LAND CODE BY Imihil-OF,ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS 1~ DAY OF 2013. TO THE EXTENT THAT ANYTHING i N THIS ILA S iNCONSISTENT OR IN INCLUDING BUT NOT LIMITED 70 OTHER APPL lICAB_E LAND USE REGULATIONS / \ CONFLICT WITH ANY CITY OF ASPEN DEVELOPMEN' ORDERS RELATING TO AND BUILDINGEODES, SUA OTHER DEVELOPMENT ORDERS OR APPLICABLE 1 \ ~ THESE CONDOMINI JMS OR ANY OTHER pROVISIONS OF APPLICABLE LAW. LAWS SHAL*/49%6. / / -/4 09 COMMJNITY-Â·62*WNRECTOR 1 - 5- 01 .\1X EAS VICINITY MAP \~ CITY ENGINEER'S REVIEW S 76â€¢26Â·30-W ASPEN THIS IL DAY OF 018*_, 2013. THIS PLAT WAS,8Â£VIEWED BY THE CITY ENGINEER OF THE CiTY OF cmthr , ,/ LEGEND AND NOTES --- O SURVEY MONUMENT AS DESCRIBED 0// LOT 3 LfiftÂ»ki ~~ TITLE CERTIFICATE 211%Â¢N 647, nng,14 Â£ UTILITY BOX -/-- O@MAANY WICH IS REGISTERED TODD BUSi NESS iN Pi TKIN COUNTY COLORADO DOES THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF SÂ·PEW~;~Â¥Â·râ€¢~teÂ·teA*M,fâ€¢f 6 SURVEY CONTROL SIMPLE TITLE TO THE PROPERTY. THE LAND 1 S FREE AND CLEAR OF L I ENS, TAXES HEREBY CERTIFY THAT THE OWNERS OF LOT 4, WEST ASPEN SUBDIVISION HOLD FEE FENCE oF TITLE, IND IT IS UNDERSTOOD AND AGREED THAT S--El'ART TITLE GLARANTY COMPANY AND ENCUMMANCES EXCEPT FOR THE MATTERS OF RECORD. hTER VALVE ~LUM CAP ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE THIS CERTIFICATE S NOT TO / Â«322.-!-1 0 BE CONSTRUED IS AN ABSTRACT OF TITLE NOR AN O#INION OF TITLE NOR A GUARANTEE 2 CUT POWER POLE AT GRADE NEi THER ASS..MES NOT WILL 36 CHARGED E-/ ANY FINANCIAL OBL IGATJON OR LIAB ILITY POSTED ADDRESSES -775 AND 777Â· ~ WHATEVER. ,~ G.C.E. GENERAL COMMON ELEMENT L.C E LiMITED COMMON ELEMENT TITLE: , 7)ni~YJ~~~ ~ CITY OF ASPEN GPS MONUMENT F 1 R E HYDRANT SITE BY: 74- CLERK & RECORDER CERTIFICATE TITLE INFORMATION FURNISHED BY \ (t{SEAC~~ f. * Vil '103%~ 61*P~?i?29*EE2}X:Cfm-~:Â· 'A- IS RECORDED STEWART TITLE GUARANTY COMPANY FILE NO.. 01330-23464 '*0, PREPARED BY EFFECTIVE DATE: MARCH 27. 2013 1~# CLERK & ~ECORDER , b. PAY RECEPTION#: 601379,07/16/2013 at ASPEN SURVEY ENGINEERS, INC. 09:31:25 AM, 1 OFl, R $11.00 Janice K. Vos Caudill, Pitkin County. CO 210 SOUTH GALENA STREET PLATBK 103 PG 82 | ASPEN. COLORADO 8161 I NOTICE! ACCORDI NO TO COLORADO -M YOU MUST COIMENCE ANY LEGAL ,â€¢CTION 3,~SEb UPON ANY DEFECT ON Tel 3 PLAT W,TKIN THREE YEARS PHOKE/FAX (970) 925-3816 AFTER YOU FIRST DISCOVER SUCH DEFECT. N NO EVENT MAY .NY ACTION 4 0--A J BASED UÂ°ON ANY DEFECT 1 N TH 1 $ PLAT BE COIENCED MORE TH,91 TEN YEARS FROM THE DATE OF THE CERTIFICAT]ON SHOWN IREON, THE DATE JOB CERTIFICANON Is VO]D Â£ NOT WET 5TAMPED WITH THE SEAL OF THE 7/13 SURVEYOR, SHEET 1 OF 1 30265B ~ECEPTION#: 6013 anice K. Vos Cau~~11, IN:W3sv3 klili W.i ,â€¢,ugs "1*,~02* t.02â‚¬7.0 2~0Â¢WÂ·Ofw~/WKS.WCXJVO'~~eMJ SNIBÂ¥38 30 Â£15Â¥8 RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 1 OF 17, R $91.00 Janice K. Vos Caudi Pitkin County, CO COMMON INTEREST COMMUNITY DECLARATION FOR WEIMANN-WINCHESTER COMMON INTEREST COMMUNITY PITKIN COUNTY, COLORADO Name of the Common Interest Community: Weimann-Winchester Common Interest Community Name of the Association: Weimann-Winchester Common Interest Community Association Ownership entities executing the Declaration: Weimann Properties LLI-P and Robert P. Winchester Legal Description of Property: Units 775 and 777, Weimann-Winchester Common Interest Community, according to the Common Interest Community Plat thereof recorded-34,16,2013, in Plat Book(8 and Page *Bof the records of Pitkin County, Colorado' Formerly Known As: LotNo. 4, West Aspen Subdivision, Filing No. 1 -A, County of Pitki n, State of Colorado RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 2 OF 17, Janice K. Vos Caudill .tkin County, CO DECLARATION OF WEIMANN-WINCHESTER COMMON INTEREST COMMUNITY THIS DECLARATION OF WEIMANN-WINCHESTER COMMON INTEREST COMMUNITY (this "Declaration") is made this â‚¬91ay of D**0013. by Weimann Properties, Ll,LP and Robert P. Winchester (hereinafter "Declarants"). RECITALS A. Declarants are the owners ofthe following described real estate in the County of Pitkin, State of Colorado located at 775 and 777 Cemetery Lane, Aspen, Colorado and also known as Units 775 and 777, Weimann-Winchester Common Interest Community (the "Units"), according to the Common Interest Community Plat thereof filed for record in Plat Booklf at Page 8, as Reception No. 601 37!ofthe records of Pitkin County, Colorado (the "Plat"), together with all ofthe Common Elements thereof, all as more fully described as: Lot No. 4, West Aspen Subdivision, Filing No. 1-A, County of Pitkin, State of Colorado (the "Real Property"), improved with two (2) single-family residences. B. Declarants wish to create and confi rm on the Real Property a Common Interest Community consisting oftwo (2) units designated for separate ownership, each with a single family residence thereon, and the remainder of which is designated for common ownership by the Owners of the separate ownership portions. DECLARATION NOW THEREFORE, Declarants hereby submit the Property together with all easements, rights and appurtenances thereto and improvements thereon to the provisions ofthis Declaration. To extent permitted by law, Declarants agree that the Common Interest Community shall not be subject to the provisions ofthe Colorado Common Interest Ownership Act, C.RS. Â§Â§38-33.3-101, etseq.,as the same may be amended from time to time (hereinafter the "Act"). Declarants hereby declare that all of the Property shall be held, sold and conveyed subject to the following covenants, conditions and obligations, all of which are declared and agreed to be for the protection of the value of the Property, and for the benefit of persons having any right, title or interest in the Property and which shall be deemed to run with the land. The Declaration of Restrictions recorded May 6,1974 in Book 286 at Page 887 as Reception No. 167249 and First Amendment thereto recorded January 5, 1997 in Book 322 at Page 669 as Reception No, 190828 is hereby terminated, revoked and replaced in its entirety with this Declaration. RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 3 OF 17, Janice K. Vos Caudill -.tkin County, CO ARTICLE I DEFINED TERMS Section 1.2 Defined 'ferm. Each capitalized term used but not otherwise defined in this Declaration or on the Plat shall have the meaning specified or used in the Act, notwithstanding that the Act does not govern the Common Interest Community. a. Allocated Interests. "Allocated Interests" shall mean, with respect to each Unit, one half of the undivided interests in the Common Elements and in the common expenses of the Association which are hereby allocated to such Unit and one vote in the affairs of the Association. The Allocated Interests appurtenant to each Unit have been established pro rata based on the total number of units in the Common Interest Community. b. Common Elements. "Common Elements" means (i) the "Party Wall" dividing Unit 775 and 777; (ii) the shared portion of the roof over the Party Wall with a ridgeline running in a generally north/south line; (iii) drainpipes and gutters serving the shared portion of the roof and/or runoff from both Units' roofs; and (iv) the driveway and entry walkway, as shown on the Plat. c. Common Expenses. "Common Expenses" means expenditures made by or liabilities incurred by or on behalf of the Association, together with allocations to reserves, if any. d. General Common Elements. "General Common Elements" means only (i) the Party Wall dividing Units 775 and 777; (ii) the shared portion of the roof over the Party Wall with a ridgeline running in a generally north/south line; (iii) drainpipes and gutters serving the shared portion of the roof and/or runoff from both Units' roofs; (iv) those portions of the driveway and entry walkway designated as General Common Elements on the Plat, and (v) any other General Common Elements designated herein or on the Plat or any subsequent amendments thereto. e. Limited Common Elements. "Limited Common Elements" means any portion ofthe Common Elements designated herein or on the Plat for the exclusive use of the Owner or Owners ofa Unit. ARTICLE 2 NAMES Section 2.1 Names. a. Common Interest Community. The name of the Common Interest Community is the Weimann-Winchester Common Interest Community (the "Common Interest Community"). b. Association. The name of the Association is the Weimann-Winchester Common Interest Community Association, an unincorporated association (the "Association"). RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 4 OF 17, Janice K. Vos Caudill tkin County, CO ARTICLE 3 THE ASSOCIATION Section 3.1 Authority. The Association, through its Executive Board, shall have all the powers necessary or reasonable to effectuate the purposes, obligations and responsibilities of the Association as may be set forth in this Declaration. Section 3.2 Member Groups. The Association shall have two (2) member groups: the "Unit 775 Member Group," which is attached to Unit 775, and the "Unit 777 Member Group," which is attached to Unit 777. Membership in a group shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. I fmore than one person is a member of the Unit 775 Member Group or the Unit 777 Member Group, all such persons shall be members ofthe Association, provided however that such members shall jointly exercise one (1) vote allocated to such Owners' Unit. Section 3.3 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated association pursuant to the Act. Except as otherwise provided in this Declaration, when approval of the members of the Association is required, the Association may only act upon the unanimous consent of its Unit 775 Member Group and its Unit 777 Member Group, and neither Member Group acting alone shall have the power to act for or bind the Association, Section 3.4 Executive Board. Except as otherwise provided in this Declaration or as required by the Act, the Association shall act through its Executive Board. The Executive Board will consist of two directors. The Unit 775 Member Group and the Unit 777 Member Group shall each appoint one director. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.6 below. Section 3.5 Notice to Owners. Any notice to an Owner ofmatters affecting the Common Interest Community by the Association or by another Owner shall be sufficiently given ifsuch notice is in writing and is delivered personally by courier or private service delivery or by depositing the same in the United States first class mail, postage prepaid at the address of record for real property tax assessment notices with respect to that Owner's Unit or such notice address as otherwise provided in writing by one Owner to the other. Any notice personally delivered shall be deemed received on the date of such delivery. Mailed notice shall be deemed received on the third business day after deposit in the mail regular first class postage prepaid. Section 3.6 Deadlock. a. Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" by a member of the Executive Board to the other member ofthe Executive Board after a formal vote in which a member of the Executive Board votes for or against a proposition and the RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 5 OF 17, Janice K. Vos CaudilL 'Ltkin County, CO other member votes differently or refuses to vote, concerning any matter presented to the Executive Board. b. Breaking a Deadlock, In the event of a Deadlock, the Executive Board shall take another vote on the proposition. I f that vote is not unanimous, then a decision that resolves the issue shall be made by a person (the "Arbitrator") appointed for that purpose by the members of the Executive Board, if they can agree on the selection of an Arbitrator within five (5) business days ofthe vote. If the members ofthe Executive Board cannot agree on an Arbitrator, each member shall select an arbitrator, and the selected arbitrators shall agree upon a third Arbitrator to resolve the issue. The cost ofthe Arbitrator shall be shared equally by the parties. Each member of the Executive Board shall submit to the Arbitrator a written proposal to resolve the deadlock within five (5) business days after the appointment of the Arbitrator. The Arbitrator shall have not less than five (5) years' experience in property management, shall not be related to an owner, shall not be in common ownership or control with the owner(s) of either the Unit 775 Member Group or the Unit 777 Member Group, and shall not have business or professional relationships with any owner. The Arbitrator shall select the entire proposal submitted by one of the Executive Board members. Section 3.7 Association Agreements, Except as expressly permitted herein, the Association may not enter into any agreement without the affirmative vote o f each member of the Executive Board. ARTICLE 4 UNITS Section 4.1 Number ofUnits. The number of Units in the Common Interest Community is two (2), consisting of Unit 775 and Unit 777 as shown on the Plat. Section 4,2 Identification of Units. The identification number of each Unit is shown on the Plat. Each Unit shall include an undivided one-half fee simple interest in and to the Common Elements as described in this Declaration and on the Plat. The Limited Common Elements consist of the driveway accesses to the garages on the respective Units. Any reference to a Unit in this Declaration or the Plat shall include that Unit's undivided one-half interest in the Common Elements, and all interest in the Common Elements as referenced herein shall be deemed inseparable from the respective Units (even if the interest is not expressly mentioned or described in a deed or other instrument). Section 4.3 Unit Boundaries. The boundaries of each Unit are located as shown on the Plat. The Common Interest Community has only vertical boundaries and does not have horizontal boundaries. The Units include land and structural building improvements now or hereafter existing, Section 4.4 No Partition. The Common Elements shall remain undivided and no Owner or any other person shall bring any action for partition or division of the Common Elements. Similarly, no action shall be brought for the physical partition or subdivision of a Unit between or RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 6 OF 17, Janice K. Vos CaudilL .tkin County, CO among the Owners thereof; provided, however, an action for partition of a Unit shall be permitted by a sale and the division of the sale proceeds. Section 4.5 Separate Taxation. Each Unit shall be a separate tax parcel and shall be subject to separate assessment and taxation for all types of taxes and assessments authorized by law, including advalorem levies and special assessments. The Common Elements shall not be deemed to be a tax parcel. The lien for taxes assessed to any Unit shall be confined to that Unit. No forfeiture or sale of any Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to the other Unit. Section 4.6 Ext)ansion or Redevelopment of Improvements on the Units. At the time of the recordation of this Declaration, the Real Property is improved with the building as permitted by the City of Aspen Land Use Code (the "Code"). If any additional floor area is available to be constructed on the Real Property under the Code, then fifty percent (50%) of that unused floor area is hereby allocated to each Unit and neither Unit shall utilize more than its fifty percent (50%) share of the unused floor area. Subject to the preceding limitation, the Owners maintain the right to seek any approvals allowed under the Code to permit additional floor area to be constructed. An Owner shall not take any actions with the County that will affect the amount of floor area allocated to the other Unit without the prior written approval o f the other Owner. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.1 Common Expenses. The only Common Expenses of the Association shall be for: (a) maintenance of Common Elements (except the Limited Common Elements) as shown on the Plat and defined in Section 6.2 0 f Article 6; and (b) such other expenses as are required or authorized in this Declaration. Section 5.2 Creation of Association Lien: Personal Oblieation to Pay Common Expense Assessments, Each Owner, by signing below or accepting a deed to its Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall also include late charges, interest at 21% per annum i f not paid within 15 days of the due date, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation ofthe Owner at the time when the assessment becomes due. No Unit Owner shall convey any interest in its Unit unless and until all sums due the Association and not assumed by the transferee are paid, The Common Expense assessments shall be a continuing lien upon the Unit against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Notwithstanding the foregoing, the lien for the Common Expense Assessments shall be inferior and subordinate to any lien or security interest securing any financing for the purchase or improvement (or both) of a Unit, whether such lien or security interest currently exists or is hereafter imposed; such subordination of the lien for Common Expense Assessments shall be self-executing, without the need for any further action or documentation by the Association or any other party, Notice of such lien may be given by a filing in the records of the Pitkin County Clerk and Recorder by any Owner in the name ofthe Association. RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 7 OF 17, Janice K. Vos Caudil. itkin County, CO Section 5.3 Apportionment ofCommon Expenses. Common Expenses shall be assessed against the Units on the basis of one-half ( 1/2) to Unit 775 and one-half (1/2) to Unit 777 (the "Common Expense Allocation"), Section 5.4 Effect ofNon-Payment of Assessments. Any assessment provided for in this Declaration or any installment thereof, which is not fully paid within fifteen days after the due date thereof, shall bear interest at the rate of twenty-one percent (2 1%)per annum. Further, following ten (10) days' notice in writing given to the defaulting Owner, the Association may bring an action at law or in equity against any Owner obligated to pay such overdue assessment, or any installments thereof. The Association also may accelerate the due date for payments ofall installments remaining for the budget year, and may proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above do not apply and the non- delinquent Owner, acting alone, shall have the right in its name and in the name of the Association and on its behalf, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment. Each Owner appoints the other Owner an irrevocable power of attorney to pursue actions to collect unpaid assessments. An Owner is not entitled to vote on matters relating to collection presented to the Association if that Owner has not paid an installment when due and the vote of the other Owner in such instance shall be deemed unanimous. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1 Maintenance a. Association's Responsibility. The Association shall be responsible for the maintenance and repair of only those portions of the Common Interest Community whose maintenance and repair is not the obligation of the separate Owners. b. Owner's Responsibility. For purposes of maintenance, repair, alteration, and remodeling, each Owner shall be deemed to own, and shall have the right and the obligation to maintain, repair, alter and remodel such Owner's Unit (including all property and improvements therein). An Owner shall not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Utilities") running through such Owner's Unit, but which serve both Units, except in common with all Owners. Notwithstanding the foregoing, no Owner shall: (a) modify or alter the appearance or color scheme of the exterior improvements as they may exist from time to time; or (b) modify or alter any Common RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 8 OF 17, Janice K. Vos Caudill tkin County, CO Element, without the prior written consent of all Owners. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and the infrastructure located in such Owner's Unit, which serve that Unit exclusively; (ii) replace any finishing or other materials removed with materials of a similar type, kind, and quality; (iii) maintain in a clean, safe and attractive condition and in good repair the exterior and interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion ofthe roof and structural components serving such Unit, provided the affected portion of the roof over one Unit can be repaired and/or replaced independent of the roof over the other Unit; (iv) maintain in neat and clean condition, free and clear of snow, ice and water accumulation all the decks, porches, roof, balconies or patio areas, which have elsewhere in this Declaration been reserved to and for the exclusive use of such Owner; and (v) maintain the landscaping located on such Owner's unit and not make any changes or alterations to such landscaping that would be reasonably likely to materially and adversely affect the appearance o f the Units. The costs ofmaintaining in good order and repair the equipment and infrastructure which do not serve either Unit exclusively, or in the instance of repairs to or replacement of the roof when it is necessary that the roof over both Units be addressed at the same time, and the cost o f maintaining in good order and repair the portions o f the driveway designated as Limited Common Elements, shall be borne by the Owners in accordance with the Common Expense Allocation. Section 6.2 Common Elements and Limited Common Element Drivewavs. The Party Wall and the shared portions ofthe roof, walkways, drainpipes and driveway shown on the plat as a Common Element, shall constitute the only Common Elements. Responsibility for the maintenance, repair and replacement of the driveway shall be a Common Expense, including those portions of the driveway designated as Limited Common Elements. The portions ofthe paved driveway designated as Limited Common Elements are appurtenant to the adjacent Unit to which they abut. No Owner shall do or permit anything to be done to the driveway which will affect the integrity thereof. Section 6.3 Fencing. Either Owner may construct a fence along the common boundary separating the rear yard areas of Unit 775 and Unit 777; provided, however, the materials, height and location of such fencing shall be mutually and reasonably approved by both RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 9 OF 17, Janice K. Vos Caudill -tkin County, CO Owners prior to the installation thereo f. No fencing shall impede the views enjoyed by either Owner from their respective Units. No chain-link or barb-wire fencing shall be allowed. Section 6.4 Party Wall Agreement, a. Creation of Party Wall. The Units share a common wall shown on the Plat which separates the Units and constitutes the "Party Wall." The rights and obligations of the Owners with regard to the Party Wall shall be governed by the provisions of this Section 6.4 and other applicable provisions of this Declaration. b. Easement for Encroachment. Mutual reciprocal easements are hereby established, declared and granted for any encroachment of the Party Wall onto either of the Unit 775 or the Unit 777 which reciprocal easements shall be governed by this Declaration. Every deed to a Unit, whether or not expressly so stating, shall be deemed to convey and be subject to such reciprocal easements. c. Maintenance and Repair. No Owner shall do any act which would cause damage to or impair the structural integrity of the Party Wall. The cost ofreasonable repair to maintain the structural integrity ofthe Party Wall shall be shared by the Owners equally. If an Owner fails to repair or maintain the structural integrity of his/her/its portion of the Party Wall, the other Owner, may provide such defaulting Owner written notice of the failure and provide such Owner a reasonable period oftime not exceeding 30 days in which to cure such defuult. If the defaulting Owner fails to cure the default within such time period the non-defaulting Owner may undertake such repair and for such purpose may enter upon the Unit of the defaulting Owner without liability therefor except for damage resulting from the willful misconduct of such Owner or its authorized representatives. d. Damage bv Fire or Casualty. If the Party Wall or any portion thereof is destroyed or damaged by fire or other casualty, the Owners shall restore it and they shall contribute equally to the cost of restoration thereof without prejudice, however, to the right of each Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. The right of any Owner to contribution from any other Owner hereunder shall run with and be appurtenant to the land and shall pass to such Owner's successors in title. An Owner who by his or her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements. e, General Rules of Law to Apply. To the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Wall and to the interpretation of this Declaration. Section 6.5 Insurance. Damage and Condemnation RECEPTION#: 601380, 0-'~16/2013 at 09:31:26 AM, 10 OF 17, Janice K. Vos Caudil itkin County, CO a. Owners' Insurance. Each Owner shall maintain property, casualty and liability insurance for the full replacement costs of the Unit ( including all exterior and interior portions thereof and all building systems and equipment therein) and such Owner's undivided interest in the Party Wall, the roof over the Party Wall, the drainpipes and gutters serving the shared portion of the roof, the driveway and entry walkway and any other Common Elements. Such insurance shall be underwritten with an insurance carrier licensed to do business in the State of Colorado and rated AX or better. Each policy of insurance required hereunder shall include an inflation guard endorsement. Upon request, each Owner shall furnish to the other certificates of insurance evidencing such Owner's compliance with the requirements hereunder. b. Association's Insurance. The Association may obtain and maintain such liability insurance and other insurance coverage as the Executive Board, in the exercise of its reasonable business judgment, deems advisable. c. Rates of Insurance. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on or in such Owner's Unit which will increase the rate of insurance or result in the cancellation of the insurance on the other's Unit. d. Obligation to Repair or Replace. An Owner shall deal directly with its own insurer in all proceedings, negotiations and agreements for the settlement of any insurance claim for damage to such Owner's Unit covered by such Owner's insurance. To the extent the casualty causes damages to both Units, the Owners shall cooperate and consult with each other in regard to their claims with their respective insurance companies. In the event of damage or destruction ofa Unit, each Owner shall be required to repair, replace or rebuild such damaged Unit at least to the condition such Unit existed prior to such damage. Section 6.6 Plans. Common Elements shall be repaired and restored in accordance with the original plans and specifications providing for the construction of the building and its related improvements on the Real Property, or other plans and specifications that have been reasonably approved by both Owners. Section 6.7 Condemnation. The Owners shall participate directly in any negotiations, settlements and/or agreements with condemning authorities for the condemnation of any part of the Units or the Common Elements, All compensation, damage, or other proceeds therefrom shall be payable to the Owners and the holders of Security Interests against the Units as their interests may appear. ARTICLE 7 RESTRICTIONS ON USE RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 11 OF 17, Janice K. Vos Caudil. itkin County, CO Section 7.1 Nuisances and Offensive Activities. There shall be no noxious or offensive activities conducted on, in, or upon any Unit or Common Element, and no loud noises or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be done in the Common Interest Community that may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Unit. Any Owner shall have the right to enforce the provisions ofthis Article in accordance with the dispute resolution provisions hereunder. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on the Real Property which will increase the cost of insurance, or which will result in the cancellation of such insurance. Section 7.2 Structural Integrity. Nothing shall be done to any Unit or to the Common Elements that will impair the structural integrity of any improvements on the other Unit or the Common Elements unless prior written unanimous authorization is obtained from the Executive Board or from the other Owner, as appropriate. Section 7.3 Restriction Upon Occupancy. Except as the Owners might otherwise agree, each Unit shall be used and occupied solely for residential purposes and no trade or business of any kind may be conducted on, in, or upon any Unit or Common Element, Lease or rental of a Unit for lodging or residential purposes shall not be considered a violation of this covenant and is permissible. Similarly, the maintenance of a home o ffice shall not be considered a violation of this restriction so long as the nature and conduct ofthe business complies with applicable local laws and any covenants affecting the Real Property. Section 7.4 No Unsightliness: Trash Storage. No unsightliness or waste shall be permitted on or in any paM of the Common Interest Community. Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any o f the General Common Elements. No Owner shall have, erect, affix or place anything on any of the General Common Elements including, without limitation, satellite dishes, except by agreement of both Owners. Nothing shall be placed on or in windows or doors of Units which would create an unsightly appearance. All trash shall be stored in "bear proof' containers erected for that purpose. Section 7.5 No Violation of Rules, No Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations which may be adopted from time to time by the Association, whether relating to the use of Units, the use of(}eneral or Limited Common Elements, or otherwise. Section 7.6 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property, including the Common Interest Community or any Unit thereon, such Owner shall be liable or responsible for the same. The amount of such loss or damage may be charged by the Association to such Owner as an assessment against such Owner, and such amount (including reasonable attorney fees) shall be secured by a lien on the Unit of such owner, as provided hereinabove, for assessments or other charges. Any increase in the cost of any insurance maintained by the Association referable to such Owner caused damage shall be paid by the Owner causing such damage. RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 12 OF 17, Janice K. Vos Caudil itkin County, CO Section 7.7 Parking of Vehicles. Parking of any and all vehicles on the Common Interest Community shall be subject to any rules and regulations adopted by the Association. The Association shall have no responsibility for damage done to automobiles parked on the Common Interest Community. Section 7.8 Restrictions on Parking and Storage. No part of the Common Interest Community, including the public streets and driveways or parking areas, unless specifically designated by the Association therefor, shall be used as a parking, storage, display, or accommodation area for any type of trailer, camping trailer, boat trailer, hauling trailer, boat or accessories thereto, truck, or recreational vehicle, for more than three (3) hours, except in an emergency, provided this restriction shall not restrict trucks or other commercial vehicles which are necessary for the construction or maintenance of the Common Interest Community. Section 7.9 Utilities. Each Owner shall be responsible for arranging for provision of utilities to their respective Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their respective Unit. It is anticipated that each Unit shall be separately metered, serviced, and billed for purposes o f utilities. All water, sewer, gas, electrical, telephone, cable television and other utility lines, pipes or other infrastructure shall be buried underground and shall not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner causing the installation of the utilities no later than the next growing season following such installation. Section 7.10 Animal Restrictions. No animals other than normal household pets shall be kept in or about the Units. An Owner shall be absolutely liable to the other Owner and their families and guests for any unreasonable noise, nuisance or damage to any person or property caused by any animal brought or kept on the Property by such Owner or by members of his family or his guests. Section 7.11 Snow Removal. All snow plowed and removed from the common driveway or shoveled from the shared portions o f the roof shall be a Common Expense, Section 7.12 Enforcement. The Association, any member of the Executive Board and any Owner shall have the right to enforce this Declaration and any rules and regulations of the Association. In the event of legal action to enforce this Declaration, the prevailing party shall be awarded its reasonable costs and reasonable attorneys' fees, including the costs of collection. Section 7.13 No Violation of Laws. No Owner and no Owner's tenants, guests, or invitees shall violate any applicable federal, state, or local law applicable to the Real Property. ARTICLE 8 EASEMENTS AND LICENSES Section 8.1 Easements of Record. The Real Property is subject to those easements and/or licenses granted by the Declarants pursuant to this Declaration and those shown on the Plat. RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 13 OF 17, Janice K. Vos Caudil itkin County, CO Section 8.2 General Common Elements Easement, Each Unit Owner has a right of use and easement for enjoyment in and to the General Common Elements, which right and easement shall be appurtenant to and shall pass with the title to each Unit subject to the provisions contained herein. Every Owner shall have a non-exclusive easement over, under and across the General Common Elements, while Limited Common Elements shall be subject to the provisions of Section 1.2.e above. Section 8.3 Easements for Improvements, Maintenance, and Utilities. Reciprocal easements are hereby declared to exist over and under the Real Property and all areas thereof for any existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, other utilities, drainage facilities, roof overhangs, walkways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the Real Property and/or the individual Units. Each Owner has the right, at its sole expense and after giving written notice for at least one (1) business day to the other Owner, to relocate such lines and facilities within or upon its Unit; provided, however, that such relocation shall be accomplished without interrupting utility service to the other Owner, unless otherwise permitted by the other Owner. Section 8,4 Encroachment Easements. Each Owner has an easement into the adjoining Unit for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building, or any other similar cause, There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations o f Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. Section 8.5 Easement for Maintenance ofUnits. Reciprocal easements (among both Units and the Common Elements) are hereby declared to exist on each side ofthe common boundary line between the Units on areas not occupied by buildings to the extent reasonably necessary for the maintenance ofthe building exteriors facing said common boundary, Precautions shall be taken to ensure no damage to the Unit of the other shall be caused by the exercise of an Owner of such Owner's rights; however, any damage which shall be caused shall be fully indemnified against by the Owner causing such damage or permitting such damage to be caused. Except in the event of an emergency, or routine items of maintenance such as window washing, such easement for maintenance shall be exercised only on ten (10) days advance written notice to the other Owner. ARTICLE 9 CITY OF ASPEN LAND USE CODE REQUIREMENTS RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 14 OF 17, Janice K. Vos Caudil itkin County, CO Section 9.1 No Subdivision. The creation of this Common interest community does not constitute a legal subdivision of land pursuant to the City ofAspen Land Use Code. The separate ownership interests do not result in the creation of separate, legal lots or parcels under the City of Aspen Land Use Code. Section 9.2 City Approval. Any alteration, change, expansion modification of any structure in this Common Interest Community or timeshares may require the approval ofthe City of Aspen. Section 9.3 No Partition of Common Interest Community. The partition of any interest in this Common Interest Community or timeshare is prohibited. By becoming part of this Common Interest Community, any right to maintain legal partition action is forever waived. In the case where a couM may allow a partition action in a Common Interest Community, the interested party agrees that a partition action constitutes an evasion of the City ofAspen subdivision regulations and agrees to be bound by all provision of the City of Aspen Land Use Code relating to subdivision. ARTICLE 10 MISCELLANEOUS Section 10.1 When Consent or Authorization Not Necessary. Notwithstanding anything in the Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization has obtained in writing the consent or authorization of the other Owner of the Common Interest Community. Section 10.2 Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify and hold the other Owner ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs ofdefense and reasonable attorney fees) of whatsoever nature occasioned by or if any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner's Unit, or labor, services or materials furnished to such Owner or such Owner's Unit, and will maintain the Other Owner's Unit, as well as that portion of the Common Elements exclusively reserved to such Other Owner, entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its discretion, determines to be necessary to effect the release and discharge of the lien from such Other Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21% shall be repaid by the Indemnifying Owner upon demand. Until repaid, the obligation to do so shall be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other Owner by a filing in the records of the Pitkin County Clerk and Recorder, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorney fees. A RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 15 OF 17, Janice K. Vos Caudil itkin County, CO Section 10.3 Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Declaration to be performed by the respective Unit Owners is intended to and shall be deemed to be for the specific benefit of the other Unit Owner. In the event of the failure or inability of the Association to enforce any provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining Owner and on his, her or its behal f to commence, maintain and obtain judgment in an action for damages, for specific performance, or for both. In connection with any such proceedings against a delinquent or defaulting Owner, the remaining Owner shall be awarded its costs and reasonable attorney fees as a part of any judgment entered in favor of such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. Section 10.4 Successors and Assigns. This Declaration shall be binding on and shall inure to the benefit ofthe Association and each Owner, and the heirs, personal representatives, successors and assigns of each ofthem. Section 10.5 Severability. If any part ofany provision ofthis Declaration shall be invalid or unenforceable under applicable law, the part shall be ineffective to the extent such invalidity or unenforceability only, without in any way affecting the remaining parts of the provision or the remaining provisions of this Declaration. Section 10.6 No Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any fuilure to enforce the same, irrespective of the number o f violations or breaches that may occur. Section 10.7 Captions. The captions and headings in this Declaration are for convenience only and shall not be considered in construing any provision of this Declaration. Section 10.8 Duration. The covenants, conditions, and restrictions ofthis Declaration shall run with and bind the land in perpetuity unless this Declaration is terminated by written agreement of both Owners. Section 10.9 Amendments bv Owners. Except for amendments that may be executed by the Executive Board pursuant to this Declaration, this Declaration, including the Plat, may be amended or terminated only by written agreement of Owners representing one hundred percent (100%) ofthe votes in the Association. An amendment to the Declaration shall be effective only on the recording of the amendment that has been signed by the requisite Owners, in the O ffice of the Clerk and Recorder of Pitkin County, Colorado. Signatures of Owners on the amendment shall be notarized. Section 10,10 Dispute Resolution. For all disputes arising from this Declaration which are not the result of a "Deadlock" as described in Section 3.6 above, and that could be raised as claims or defenses in a court of law shall be resolved through mediation and binding arbitration conducted in Aspen, Colorado by the Denver, Colorado office of the American Arbitration Association in RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 16 OF 17, Janice K. Vos Caudil itkin County, CO accordance with its Real Estate Industry Arbitration Rules (including a Mediation Alternative). The foregoing is an agreement to arbitrate pursuant to the terms of the Colorado Uniform Arbitration Act, C.R.S. Â§Â§ 13-22-201 et xeq. and may be enforced as such. The prevailing party in any such arbitration shall be entitled to receive from the non-prevailing, in addition to any other award or relief granted, an award equal to all of its reasonable expenses and fees, including attorneys' fees and costs, incurred in the course of such dispute. IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed as of the & day of ju-,1 2013. WEIMANN PROPERTIES, I,LLP ,oli-Â£~.~P Q-Q 0-1 1 1- Gabriela M. Weimann, Trustee ROBERT P. WINCHESTER :i \3 By: L*~9â‚¬t- .4-/l >ju~vegs=C Robert P. Wincheher [acknowledgements follow] â€¢ RECEPTION#: 601380, 07/16/2013 at 09:31:26 AM, 17 OF 17, Janice K. Vos Caudil itkin County, CO STATE OF. -Ul 1 go\. S ) COUNTY OF. PM K ,* J l.lii r foregoing instrument was acknowledged before me this ~ay of , 2013 by Gabriela M. Weimann. Witnes2my hand and official seal. , I My commission expires: 4~0022,cka* OFFICIAL SEAL STATE OF, Col or-Ct& 0 ) yOLANDA WALKER )ss, 1 Notary Public - State of Illinois D COUNTY OF. R +An ) ~---Â·Â·-------- ,~ My Commission Expires Feb 22.2015 ~ The foregoing instrument was acknowledged before me this Cith day of , 2013 by Robert P. Winchester. -,1 Witness my hand and official seal. My commission expires: 6Â· 15, 267-7 X+ .t 41 Notar* Public LISA E. POPISH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054018338 My Commission Expires May 15, 2017 6 k.:1,1, OFFICES Of . - OATES, KNEZEVICHi GAR.DENSWARTZ, KELLY & MORROW, P.C. PROFESÂ·31(NAL CORPORATION . 1 - Twer FLOOR..A.G EN PI.P.Â«911IL[}ING 633Â·2 HOPKINS A./ENUE .ePEN Col. ORADO. 31611 - Â·Â· - 'tfÂ¥.1.0.SK.L:W:*4. LEONARD W., OATES ' IFI.EPHONE (970)920-1700 RiCHAF:O A KNEZEV;CH ~ :DIRECT LINE (970) 920-1701 TED D. GARDENSWABTZ R CEIVED FACSIMILE (970)920-1121 DAVID B REI. L.Y MAitiA MORROW JUL 19 2013 OF COUNSEl: STEPHEN R CONNOP CITY OF ASPEN . 9 , -amm@okglaw.corn ANNEMARib RPHEE 'Co Â· .41Â¥ rEVELOPMENT ./ - SARAH M OATES - July 11,20 13 VIA HAND.-DELIVERY Mr. Justin Barker City of Aspeli -- Conimunity Development 130.S.:Gatena St. . Aspeni CO 81611 --t- . . . , Re: Plat for WeimanWWfuchester Com.mon Interest Community. I. , 775/777 Cemdtery Lane. Dear Justin: I - I Acdompanying this letter are twe triyler copies of the. fbal platfor the Weimanh/Winchehter Common Interest. -Cpinrutinity. Alt:8ignaaires Qther tb-*n thoseÂ· ofthe Gily art: co*leted. Wbuld ydu-please circtithÂ¢, 668 Plail.for;the niial- kignatures? Please.let me~know Â· - When it isready to beree-brded, at Which time Pli conic,over with theÂ·Declaration so they.can be - 1 recorded together. AK.vouknows there isa pending said of one efÂ·ibe urits,that is contingent *pon the plat being recorded. The parties ared:ic.ts to eiose 42 soon al-pessible so any help youcan give in gÂ¢itting the signamres quickly woul-d be ven' auith appreciated.. . . ~ .'thanks for your help with this. Please Jef J:rye knbw>if y.ou *ed anything eise. ' - Very Titly Yours.- OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. . . -By ir Â· AnnCManie Mcfhed AMMAp, -... End ~ ' THE CITY oF ASPEN Land Use Application Determination of Completeness Date: June 7, 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 0037.2013.ASLU - 775 and 777 Cemetery Lane Condomiumization. The planner assigned to this case is Justin Barker. X Your Land Use Application is complete: 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 429-2778 if you have any questions. Thank~You, Sara Adams, Senior Planner City of Aspen, Community Development Department For Office Use Only: 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 Commercial E. P.F. ATTACHMENT 2 -LAND USE APPLICATION 'ROJECT: Name: Weimann - Winchester Common Interest Community Location: 775 & 777 Cemetery Lane, Lot 4, West Aspen Subdivision (indicate street address, lot & block number, legal description wliere appropriate) Parcel ID # (REQUIRED) 273512209019 and 273512209036 APPLICANT: Name: Weimann Properties LLLP and Robert P. Winchester 125 S. Jefferson Street, Unit 3107, Chicaao, IL 60661 (Weimann Properties LLLP) Address: P.O. Box 5000 Snowmass Village, CO 87615 (Robert P. Winchester) Plione #: (312) 906-9422 and (970) 948-7710 REPRESENTATIVE: Anne Marie McPhee, Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. Name: Address: 533 E. Hopkins, Avenue, Suite 201, Aspen, CO 81611 (970) 920-1701 Phone #: TYPE OF APPLICATION: (please check all that apply): E GMCS E.xemption E Conceptual PUD U Temporary Use E GMOS Allotment ~1 Final PUD (& PUD Amendment) E Te.xt/Map Amendment U Special Review E Subdivision O Conceptual SPA U ESA - 8040 Greenline. Stream Â® Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Ainendment) Mountain View Plane ~ Commercial Design Review I3 Lot Split E Small Lodge Conversion/ Expansion U Residential Design Variance E Lot Line Adjustment El Other: El Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Two existing residences sharing a party wall. See enclosed Plat. PROPOSAL: (description of proposed buildings, uses, modifications, etc,) Applicants seek to create a Common Interest Community with Declaration and Plat reflecting actual conditions. law you attached the following? FEES DuE: $ 915 3 Pre-Application Conference Summary 3 Attachment #1, Signed Fee Agreement 3 Response to Attachment #3, Dimensional Requireinents Form 3 Response to Attachment #4. Submittal Requirements- Including Written Responses to Review Standards 3 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy ofall written text Microsoft Word Format) must be submitted as part ofthe application. Large scale projects should include an tlectronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 1 LAW OFFICES OF OATES, KNEZEVICPI, GARDENSWARTZ, KELLY & MORROW PROFESSIONAL CORPORATION THIRD FLOOR; ASPEN PLAZA SUIL DING C@*iukITY DEVEQUI 533 E HOPKINSAVENUE 1 ASPEN, COLORADO 81611 *WW ON,GY.AW.COM LEONARD M. GATES TELEPHONE (970' 920-1700 RICHARD A KNEZEVICH ' DIRECT LINE (970) 920-1701 TED D GARDENSWARTZ FACSIMILE (970) 920-1121 DAVID B KELLY MARIA MORROW OF COUNSEL anim@(AgiaÂ·w coin STEPHEN R CONNOR ANNE MARIE MCPHEE SARAH M DATES June 3. 2013 2 VIA HAND-DELIVER'Y Jessica Garrow , City of Aspen Community Development : 130 South Galena Street Aspen, CO 81611 Re: Applicationfor Approval of Platfor Common Interest Community 775 and 777 Cemetery Lane, Lot 4,1Vest Aspen Subdivision, Filing No. :-A Dear Jessica. Enclosed for your review is an application packet for approval of a Common j nterest Community Plat for the property located at 775 and 77"1 Cemetery Lane (Parcel Nos. 273512209019 and 2735122090()36). The original residences at the propert) were constructed in the late 1960s and then replaced with tlÂ·e existing buildings in 2002. The residences share tile driveway/entryway, a party wall, and a small portion of the roof. Other than that. each t.inii is separate. including with respect to utilities and use of land. While the properties have been treated as two separate properties and assessed as such. this has never been fully reflected ip the City and County's records. The owners of the properties. Weimann Properties I.LLP and Robert P. Winchester, wish to create a common interest community and record a declaration and plat formally recognizing what has been occurring o-ver the vears. Enclosed in the packet is an Agreement te Pay Application Fees signed by the Applicants, L aIid Use Application Form, letter from the Applicants authorizing Oates, Knezevich, Gardenswartz, Kelly & Morro,4. P.C. 1.0 act on their behalf and consenting to the creation of a common interest communit>, title commitment from Stewart Title describing the property and listing the owners and matters affecting title, a copy of the Pre-application Conference Summary, an 8 14" by 11" vicinity map. draft Declaration creating the Weimann- Winchester Common Interest Community. a 24" x 36" draft Common Interest Coninitinity Plat. and a check for $915.00. Two copies of the application packet are provided. OATES, KNE.ZEVICH, GARDENSWARTZ, KEI I.v & MORROW, P.C. Ms. Jessica Garrow, City of Aspen Planning Department June 3.2013 Page 2 Please let me know if you have any questions or need any additional materials. We look forward to working with your office on this matter. Very Truly Yours. 04 rES, KNEZEVICI 1, GARDENSWARTZ, KEI,[ Â¥ & MORROW. P.C. By ~'5~ Anne Marie MePhee AMM/lp Enel. a - COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees JUN O 3 2013 CITY OF ASPEN An agreement between the City of Aspen ("City") and property Robert R Winchester Phone No.: 970-948-7710 COMMUNITY UtVLLOPMENi Owner ("1"): Email: cwinchester@clre.com Address of 777 Cemetery Lane Billing P.O. Box 5000 Property- Aspen, CO 81611 Address: SnowmaSS Village, CO 81615 (subject of (send 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 determining application completeness. I understand that as the property owner that I am 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 0 Select Dept $ flat fee for . $ flat fee for _ O Select Dept 0 Select Review $ flat fee for . $ 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. 1 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 sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of 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 reimburse the City for the processing of my application at the hourly rates hereinafter stated. 650 2 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. 265 1 $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: ~:c--Prope,<Owti*f:--x . 7 1 6*AAJÂ«Â«96Â© Chris Bendon t ert P. Winthester Community Development Director Name: Title: City Use: O Fees Due: $ Received: $ 94 January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 im.~ COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Weimann Properties, LLLP Phone No.: 312-906-9422 Owner ("1"): Email' gmweimann@sbcglobal.net Address of 775 Cemetery Lane Billing 125 S. Jefferson St., Unit 3107 Property: Aspen, CO 81611 Address: Chicago, IL 60661 (subject of (send 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 determining application completeness. I understand that as the property owner that I am 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 0 Select Dept $. fiat fee for Â· V. flat fee for. O Select Dept 0 Select Review $ flat fee for $ 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. 1 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 sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of 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 reimburse the City for the processing of my application at the hourly rates hereinafter stated. 650 2 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. 265 1 $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: / /44Jllauc. Â·u ' 01_.L_LL-,C ,\ - Chris Bendon Gabriela Weimann Community Development Director < Name: Trustee tor the General Partners City Use: O Title: of Weimann Properties, LLLP Fees Due: $ Received: $ January, 2013 City of' Aspen I 130 S. Galena St. I (970)920-5090 REC- . /ED JUN O 3 2013 MayÂ©., 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT VIA HAND-DELIVERY Ms. Jessica Garrow City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Re: Application for Approval of Plat for Common Interest Community 775 and 777 Cemetery Lane, Lot 4, West Aspen Subdivision Dear Ms. Garrow Weimann Properties, LLLP and Robert P. Winchester are the owners of the real property located at 775 and 777 Cemetery Lane. The Joachim Weimann Revocable Trust u/t/a October 19,2006 and the Renate F. Weimann Revocable Trust uft/a October 19, 2006 are the general partners of Weimann Properties, LLLP. The property contains two single-family residences, with Weimann owning the 775 Cemetery Lane residence and Winchester owning the 777 Cemetery Lane residence. The two residences share a party wall, driveway and small portion of the roof. Our respective addresses are: Weimann Properties, LLLP Robert P. Winchester Attn: Gabriela Weimann P.O. Box 5000 125 S. Jefferson St., Unit 3107 Snowmass Village, CO 81615 Chicago, IL 60661 970-948-7710 312-906-9422 By this letter, we consent to the creation o f a common interest community for the real property and authorize the attorneys at the law office of Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., including but not limited to Leonard M. Oates and Anne Marie McPhee, to represent us in taking the steps necessary to create a common interest community, including filing the associated Declaration and Plat. Their address and telephone number is 533 E. Hopkins Ave., Third Floor, Aspen, CO 81611, 970-920- 1700. Please let me know i f you have any questions or need any additional materials. We look forward to working with your office on this matter. Very Truly Yours, WEIMANN PROPERTIE4 LLLP Or: A fla-ft 11(. TEr#42.&-ett liabriela Weimann, Trustee Joachim Weimann Revocable Trust u/t/a October 19,2006. General Partner, and Renate F. Weimann Revocable Trust u/t/a October 19.2006, General Partner Bv: 141-Â«j 1-9/622- Robert P Winchester RECEIVED stewart title JUN O 3 2013 Stewart Title - Aspen CITY OF ASPEN 620 East Hopkings Avenue COMMUNITY DEVELOPMENT Aspen, CO 81611 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT Order No. 01330-24662 Date: May 01, 2013 Customer Reference: 775 - 777 Cemetery Lane Condominium Unit 1&2 Aspen, CO 81611 LEGAL DESCRIPTION: PARCEL ONE: AN UNDIVIDED ONE-HALF INTEREST IN AND TO: Lot 4, WEST ASPEN SUBDIVISION, FILING NO. 1-A, Together With the exclusive right of use and occupancy of Unit 2 in accordance with the terms, conditions and stipulations contained in Declaration of Restrictions recorded May 6, 1974 in Book 286 at Page 887 as Reception No. 167249 and First Amendment thereto recorded January 5,1997 in Book 322 at Page 669 as Reception No. 190828. and PARCEL TWO: AN UNDIVIDED ONE-HALF INTEREST IN AND TO: Lot 4, WEST ASPEN SUBDIVISION, FILING NO. 1-A, together with the exclusive right of use and occupancy of Unit 1 in accordance with the terms, conditions and stipulations contained in Declaration of Restrictions recorded May 6, 1974 in Book 286 at Page 887 as Reception No. 167249 and First Amendment thereto recorded January 5, 1997 in Book 322 at Page 669 as Reception No. 190828. COUNTY OF PITKIN, STATE OF COLORADO. APPARENT OWNER OF RECORD: Weimann Properties LLLP, as to Parcel One and Robert P. Winchester, as Parcel Two 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 17, 2013: 1. A Deed of Trust executed by Robert P. Winchester, to the Public Trustee, to secure an indebtedness of $1,500,000.00 in favor of The Bank of Holland recorded August 21, 2001 as Reception No. 457826. encumbers Parcel One 2. A Deed of Trust executed by Renate F. Weimann and Joachim Weimann and Weimann Trust, to the Public Order No.: 01330-24662 Page 1 of 2 Written OE Report STCO Trustee, to secure an indebtedness of $1,000,000.00 in favor of Alpine Bank recorded April 25,2007 as Reception No. 537042. NOTE: Said Deed of Trust was modified @s 1-Â·~ece:.Ii -:ENo: 58934* encumbers Parcel Two 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. ' n fleigurt' (44~u Aphofized Counter'signature Linda Williams Authorized Representative of Stewart Title Order No.: 01330-24662 Page 2 of 2 Written OE Report STCO CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie DATE: 4.10.13 PROJECT: 775 and 777 Cemetery Lane Units 1 and 2, Lot 4, West Aspen Subdivision REPRESENTATIVE: Ann Marie McPhee TYPE OF APPLICATION: Condominiumization DESCRIPTION: 775 and 777 Cemetery Lane is a duplex which has been separated into two ownership interests, Units 1 and 2. No condominium plat is recorded. The owners would like to plat a "Common Interest Ownership Community," which is a form of condominiumization. Condominiumization is an administrative approval requiring a land use application. Owners of the two units shall be co-applicants. A copy of the Land Use Application form, as well as planning fees are located online at: http:#www.aspenoitkin.com/Departments/Community-Development/Planning-and-Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: http:#www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and Engineering Staff forcompliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $650 Deposit for 2 hours of staff time. Additional staff time required is billed at $325/hour Referral Fees: Engineering, billed at $265/hour (1 hour deposit is taken), Total Deposit: $ 915 (Additional fees will be required for recording the plat. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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 Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. OOMMUNITY DEVELOPMENT DEPARTMENT j.* 11,-,1 9. Letter of consent from the HOA. 10. Proposed condominium plat. Provide paper copies for staff review (and a digital PDF if available). Once staff has reviewed the proposal and made any necessary corrections, then mylars can be created for recordation, 11. All necessary items found in Land Use Codes Section 26.480.090, Condominiumization. Engineering requirements are available online at: http://www.aspenpitkin.com/Portals/0/docs/City/engineering/surveyÂ°/020checklists/CondominiumPlatSurveyChecklist.pdf 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. November, 2011 City of Aspen I 130 S. Galena St. I (970) 9208090 VICINITY MAP + 54 6 ALL<1 BIO 1 '4\ GPS I 0 SIPS - 0 9 rri A m 50 r -f ti C \General CADD 10\Gxd\Gid\302658.gxd -- 05/31/2013 - 09.26 AM -- Scale 1 : 75.000 CASTLE CREEK DR 1 . %17 f RECEIVED JUN 0 3 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT [20 --XE- 92 + 4 D--7 .t 6 - & 0 05 1 4 GPS 10 \ 1 03 SITE 9 ~ "'Fi~ 0 ,%%==:P===k, ./.40 X f~ CAGeneral CAD[) 10\Gxd;GxcA302658.gxd -- 05/31/2013 - 09:40 AM - Scale 1 75000 RECEIVED JUN 0 3 2013 CITY OF ASPEN COMMUNHY DEVELOPMENT DECLARATION OF WEIMANN-WINCHESTER COMMON INTEREST COMMUNITY THIS DECLARATION OF WEIMANN-WINCHESTER COMMON INTEREST COMMUNITY (this "Declaration") is made this day of May, 2013, by Weimann Properties, LLLP and Robert P. Winchester (hereinafter Declarants"). RECITALS A. Declarants are the owners ofthe following described real estate in the County ofPitkin, State of Colorado located at 775 and 777 Cemetery Lane, Aspen, Colorado and also known as Units 775 and 777. Weimann-Winchester Common Interest Community (the "Units" ), according to the Comnion Interest Community Plat thereof filed for record in Plat Book _ at Page _, as Reception No. ofthe records ofPitkin County. Colorado (the "Plat"), together with all ofthe Common Elements thereof, all as more fully described as: Lot No. 4, West Aspen Subdivision, Filing No. 1-A, County of Pitkin, State of Colorado (the "Real Property"), improved with two (2) single-family residences. B. Declarants wish to create and confirm on the Real Property a Common Interest Community consisting oftwo (2) units designated for separate ownership, each with a single family residence thereon, and the remainder of which is designated for common ownership by the Owners o f the separate ownership portions. DECLARATION NOW THEREFORE, Declarants hereby submit the Property together with all easements, rights and appurtenances thereto and improvements thereon to the provisions ofthis Declaration. To extent permitted by law, Declarants agree that the Common Interest Community shall not be subject to the provisions ofthe Colorado Cominon Interest Ownership Act, C.RS. Â§Â§ 38-33.3-101, etseq., as the same may be amended from time to time (hereinafter the "Act"). Declarants hereby declare that all ofthe Property shall be held, sold and conveyed subject to the following covenants, conditions and obligations, all of which are declared and agreed to be for the protection of the value of the Properly, and for the benefit of persons having any right, title or interest in the Property and which shall be deemed to run with the land. The Declaration ofRestrictions recorded May 6,1974 in Book 286 at Page 887 as Reception No. 167249 and First Amendment thereto recorded January 5, 1997 in Book 322 at Page 669 as Reception No. 190828 is hereby terminated, revoked and replaced in its entirety with this Declaration. ARTICLE I DEFINED TERMS Section 1.2 Defined Term. Each capitalized term used but not otherwise defined in this Declaration or on the Plat shall have the meaning specified or used in the Act, notwithstanding that the Act does not govern the Common Interest Community. a. Allocated Interests. "Allocated Interests" shall mean, with respect to each Unit, one halfofthe undivided interests in the Common Elements and in the common expenses ofthe Association which are hereby allocated to such Unit and one vote in the affairs of the Association. The Allocated Interests appurtenant to each Unit have been established pro rata based on the total number of units iii the Common Interest Community. b. Common Elements. "Common Elements" means (i) the "Party Wall" dividing Unit 775 and 777; (ii) the shared portion of the roof over the Party Wall with a ridgeline running in a generally north/south line; (iii) drainpipes and gutters serving the shared portion ofthe roof and/or runoff from both Units' roofs; and (iv) the driveway and entry walkway, as shown on the Plat. c. Comnion Expenses. "Common Expenses" means expenditures made by or liabilities incurred by or on behalf of the Association. together with allocations to reserves, if any. d. General Common Elements. "General Common Elements" means only (i) the Party Wall dividing Units 775 and 777; (ii) the shared portion of the roo f over the Party Wall with a ridgeline running in a generally north/south line; (iii) drainpipes and gutters serving the shared portion of the roof and/or runoff from both Units' roofs; (iv) those portions of the driveway and entry walkway designated as General Common Elements on the Plat, and (v) any other General Common Elements designated herein or on the Plat or any subsequent amendments thereto. e. Limited Common Elements. 'limited Common Elements" means any portion ofthe Common Elements designated herein or on the Plat for the exclusive use of the Owner or Owners of a Unit. ARTICLE 2 NAMES Section 2.1 Names. a. Common Interest Community. The name ofthe Common Interest Community is the Weimann-Winchester Common Interest Community (the "Common Interest Community"). b. Association. The name of the Association is the Weimann-Winchester Common Interest Community Association, an unincorporated association (the "Association"). ARTICLE 3 THE ASSOCIATION Section 3.1 Authority. The Association, through its Executive Board, shall have all the powers necessary or reasonable to effectuate the purposes, obligations and responsibilities of the Association as may be set forth in this Declaration. Section 3.2 Member Groups. The Association shall have two (2) member groups: the "Unit 775 Member Group," which is attached to Unit 775. and the "Unit 777 Member Group," which is attached to Unit 777. Membership in a group shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such individuaks) or entity(ies) no longer have an ownership interest therein. Ifmore than one person is a member ofthe Unit 775 Member Group or the Unit 777 Member Group, all such persons shall be members ofthe Association, provided however that such members shall jointly exercise one (1) vote allocated to such Owners' Unit. Section 3.3 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated association pursuant to the Act. Except as otherwise provided in this Declaration, when approval of the members of the Association is required, the Association may only act upon the unanimous consent o f its Unit 775 Member Group and its Unit 777 Member Group, and neither Member Group acting alone shall have the power to act for or bind the Association. Section 3.4 Executive Board. Except as otherwise provided in this Declaration or as required by the Act, the Association shall act through its Executive Board. The Executive Board will consist of two directors. The Unit 775 Member Group and the Unit 777 Member Group shall each appoint one director. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.6 below. Section 3.5 Notice to Owners. Any notice to an Owner ofmatters affecting the Common interest Community by the Association or by another Owner shall be sufficiently given ifsuch notice is in writing and is delivered personally by courier or private service delivery or by depositing the same in the United States first class mail, postage prepaid at the address of record for real property tax assessment notices with respect to that Owner' s Unit or such notice address as otherwise provided in writing by one Owner to the other. Any notice personally delivered shall be deemed received on the date of such delivery. Mailed notice shall be deemed received on the third business day after deposit in the mail regular first class postage prepaid. Section 3.6 Deadlock. a. Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" by a meniber ofthe Executive Board to the other member ofthe Executive Board after a formal vote in which a member o f the Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning any matter presented to the Executive Board. b. Breaking a Deadlock. In the event of a Deadlock, the Executive Board shall take another vote on the proposition. Ifthat vote is not unanimous, then a decision that resolves the issue shall be made by a person (the "ArbitratorD appointed for that purpose by the members o f the Executive Board, if they can agree on the selection of an Arbitrator within five (5) business days ofthe vote. Ifthe members ofthe Executive Board cannot agree on an Arbitrator, each member shall select an arbitrator, and the selected arbitrators shall agree upon a third Arbitrator to resolve the issue. The cost ofthe Arbitrator shall be shared equally by the parties. Each member ofthe Executive Board shall submit to the Arbitrator a written proposal to resolve the deadlock within five (5) business days after the appointment of the Arbitrator. The Arbitrator shall have not less than five (5) years' experience in property management, shall not be related to an owner, shall not be in common ownership or control with the owner(s) of either the Unit 775 Member Group or the Unit 777 Member Group, and shall not have business or professional relationships with any owner. The Arbitrator shall select the entire proposal submitted by one of the Executive Board members. Section 3.7 Association Agreements. Except as expressly permitted herein, the Association may not enter into any agreement without the affirmative vote of each member of the Executive Board. ARTICLE 4 UNITS Section 4.1 Number of Units. The number of Units in the Common Interest Community is two (2), consisting of Unit 775 and Unit 777 as shown on the Plat. Section 4.2 Identification of Units. The identification number of each Unit is shown on the PIat. Each Unit shall include an undivided one-half fee simple interest in and to the Common Elements as described in this Declaration and on the Plat. The Limited Common Elements consist of the driveway accesses to the garages on the respective Units. Any reference to a Unit in this Declaration or the Plat shall include that Unit's undivided one-half interest iii the Common Elements, and all interest in the Common Elements as referenced herein shall be deemed inseparable from the respective Units (even if the interest is not expressly mentioned or described in a deed or other instrument). Section 4.3 Unit Boundaries. The boundaries of each Unit are located as shown on the Plat. The Common Interest Community has only vertical boundaries and does not have horizontal boundaries. The Units include land and structural building improvements now or hereafter existing. Section 4.4 No Partition. The Common Elements shall remain undivided and no Owner or any other person shall bring any action for partition or division of the Common Elements. Similarly, no action shall be brought for the physical partition or subdivision of a Unit between or among the Owners thereof; provided, however, an action for partition of a Unit shall be permitted by a sale and the division of the sale proceeds. Section 4.5 Separate Taxation. Each Unit shall be a separate tax parcel and shall be subject to separate assessment and taxation for all types oftaxes and assessments authorized by law, including ad valorem levies and special assessments. The Common Elements shall not be deemed to be a tax parcel. The lien for taxes assessed to any Unit shall be confined to that Unit. No forfeiture or sale ofany Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to the other Unit. Section 4.6 Expansion or Redevelopment of Improvements on the Units. At the time of the recordation of this Declaration, the Real Property is improved with the building as permitted by the City of Aspen Land Use Code (the "Code"). If any additional floor area is available to be constructed on the Real Property under the Code, then fifty percent (50%) of that unused floor area is hereby allocated to each Unit and neither Unit shall utilize more than its fifty percent (50%) share ofthe unused floor area. Subject to the preceding limitation, the Owners maintain the right to seek any approvals allowed under the Code to permit additional floor area to be constructed. An Owner shall not take any actions with the County that will affect the amount of floor area allocated to the other Unit without the prior written approval o f the other Owner. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.1 Comnion Expenses. The only Common Expenses ofthe Association shall be for: (a) maintenance of Common Elements (except the Limited Common Elements) as shown on the Plat and defined in Section 6.2 ofArticle 6; and (b) such other expenses as are required or authorized in this Declaration. Section 5.2 Creation of Association Lien: Personal Obligation to Pay Common Expense Assessments. Each Owner, by signing below or accepting a deed to its Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall also include late charges, interest at 21% per annum ifnot paid within 15 days of the due date, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation ofthe Owner at the time when the assessment becomes due. No Unit Owner shall convey any interest in its Unit unless and until all sums due the Association and not assumed by the transferee are paid. The Common Expense assessments shall be a continuing lien upon the Unit against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Notwithstanding the foregoing, the lien for the Common Expense Assessments shall be inferior and subordinate to any lien or security interest securing any financing for the purchase or improvement (or both) of a Unit, whether such lien or security interest currently exists or is hereafter imposed; such subordination ofthe lien for Common Expense Assessments shall be self-executing, without the need for any further action or documentation by the Association or any other party. Notice of such lien may be given by a filing in the records ofthe Pitkin County Clerk and Recorder by any Owner in the name of the Association. Section 5.3 Apportionment of Common Expenses. Common Expenses shall be assessed against the Units on the basis of one-half ( 1/2) to Unit 775 and one-half (1/2) to Unit 777 (the "Common Expense Allocation"). --I Section 5.4 Effect ofNon-Payment ofAssessments. Any assessment provided for in this Declaration or any installment thereof, which is not fully paid within fifteen days after the due date thereof, shall bear interest at the rate oftwenty-one percent (21%)per cir!}11{111. Further, following ten (10) days' notice in writing given to the defaulting Owner, the Association may bring an action at law or in equity against any Owner obligated to pay such overdue assessment, or any installments thereof. The Association also may accelerate the due date for payments ofall installments remaining for the budget year, and may proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above do not apply and the lion- delinquent Owner, acting alone, shall have the right in its name and in the name of the Association and on its behalf, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment. Each Owner appoints the other Owner an irrevocable power of attorney to pursue actions to collect unpaid assessments. An Owner is not entitled to vote on matters relating to collection presented to the Association if that Owner has not paid an installment when due and the vote of the other Owner in such instance shall be deemed unanimous. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1 Maintenance a. Association's Responsibility. The Association shall be responsible for the maintenance and repair of only those portions of the Common Interest Community whose maintenance and repair is not the obligation ofthe separate Owners. b. Owner's Responsibility. For purposes of maintenance, repair, alteration, and remodeling, each Owner shall be deemed to own, and shall have the right and the obligation to maintain, repair. alter and remodel such Owner's Unit (including all property and improvements therein). An Owner shall not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Utilities") running through such Owner's Unit, but which serve both Units, except in common with all Owners. Notwithstanding the foregoing, no Owner shall: (a) modify or alter the appearance or color scheme of the exterior improvements as they may exist from time to time; or (b) modify or alter any Common Element, without the prior written consent of all Owners. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and the infrastructure located in such Owner's Unit, which serve that Unit exclusively; (ii) replace any finishing or other materials removed with materials of a similar type, kind, and quality; (iii) maintain in a clean, safe and attractive condition and in good repair the exterior and interior ofsuch Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion ofthe roof and structural components serving such Unit, provided the affected portion of the roof over one Unit can be repaired and/or replaced independent o f the roof over the other Unit; (iv) maintain iii neat and clean condition, free and clear of snow, ice and water accumulation all the decks, porches, roof. balconies or patio areas, which have elsewhere in this Declaration been reserved to and for the exclusive use of such Owner: and (v) maintain the landscaping located on such Owner's unit and not make any changes or alterations to such landscaping that would be reasonably likely to materially and adversely affect the appearance of the Units. The costs of maintaining in good order and repair the equipment and infrastructure which do not serve either Unit exclusively, or in the instance of repairs to or replacement of the roof when it is necessary that the roof over both Units be addressed at the same time. and the cost of maintaining in good order and repair the portions of the driveway designated as Limited Common Elements, shall be borne by the Owners iii accordance with the Common Expense Allocation. Section 6.2 Common Elements and Limited Common Element Driveways. The Party Wall and the shared portions ofthe roof, walkways, drainpipes and driveway shown on the plat as a Common Element, shall constitute the only Common Elements. Responsibility for the maintenance, repair and replacement of the driveway shall be a Common Expense, including those portions of the driveway designated as Limited Common Elements. No Owner shall do or permit anything to be done to the driveway which will affect the integrity thereof. Section 6.3 Fencing. Either Owner may construct a fence along the common boundary separating the rear yard areas of Unit 775 and Unit 777; provided, however, the materials, height and location of such fencing shall be mutually and reasonably approved by both Owners prior to the installation thereof. No fencing shall impede the views enjoyed by either Owner from their respective Units. No chain-link or barb-wire fencing shall be allowed. Section 6.4 Party Wall Agreement. a. Creation of Party Wall. The Units share a common wall shown on the Plat which separates the Units and constitutes the "Party Wall." The rights and obligations of the Owners with regard to tlie Party Wall shall be governed by the provisions of this Section 6.4 and other applicable provisions of this Declaration. b. Easeinent for Encroachment. Mutual reciprocal easements are hereby established. declared and granted for any encroachment ofthe Party Wall onto either of the Unit 775 or the Unit 777 which reciprocal easements shall be governed by this Declaration. Every deed to a Unit, whether or not expressly so stating, shall be deemed to convey and be subject to such reciprocal easements. c. Maintenance and Repair. No Owner shall do any act which would cause damage to or impair the structural integrity ofthe Party Wall. The cost ofreasonable repair to maintain the structural integrity ofthe Party Wall shall be shared by the Owners equally. If an Owner fails to repair or maintain the structural integrity ofhis/her/its portion of the Party Wall, the other Owner, may provide such defaulting Owner written notice of the failure and provide such Owner a reasonable period oftime not exceeding 30 days in which to cure such default. I f the defaulting Owner fails to cure the default within such time period the non-defaulting Owner may undertake such repair and for such purpose may enter upon the Unit of the defaulting Owner without liability therefor except for damage resulting from the willful misconduct of such Owner or its authorized representatives. d. Damage by Fire or Casualty. If the Party Wall or any portion thereof is destroyed or damaged by fire or other casualty, the Owners shall restore it and they shall contribute equally to the cost of restoration thereof without prejudice, however, to the right of each Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. The right of any Owner to contribution from any other Owner hereunder shall run with and be appurtenant to the land and shall pass to such Owner's successors in title. An Owner who by his or her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements. t. General Rules ofLaw to Apply. To the extent not inconsistent witli the provisions of this Declaration, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Wall and to the interpretation of this Declaration. Section 6.5 Insurance. Damage and Condemnation a. Owners' Insurance. lEach Owner shall maintain property, casualty and liability insurance for the full replacement costs of the Unit ( including all exterior and interior portions thereof and all building systems and equipment therein) and such Owner's undivided interest in the Party Wall, the roof over the Party Wall, the drainpipes and gutters serving the shared portion of the roof, the driveway and entry walkway and any other Common Elements. Such insurance shall be underwritten with an insurance carrier licensed to do business in the State of Colorado and rated AX or better. Each policy of insurance required hereunder shall include an inflation guard endorsement. Upon request, each Owner shall furnish to the other certificates ofinsurance evidencing such Owner's compliance with the requirements hereunder. b. Association's Insurance. The Association may obtain and maintain such liability insurance and other insurance coverage as the Executive Board, in the exercise of its reasonable business judgment, deems advisable. c. Rates of Insurance. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on or in such Owner's Unit which will increase the rate of insurance or result in the cancellation of the insurance on the other's Unit. d. Obligation to Repair or Replace. An Owner shall deal directly with its own insurer in all proceedings, negotiations and agreements for the settlement of any insurance claim for damage to such Owner's Unit covered by such Owner's insurance. To the extent the casualty causes damages to both Units, the Owners shall cooperate and consult with each other in regard to their claims with their respective insurance companies. In the event of damage or destruction of a Unit, each Owner shall be required to repair, replace or rebuild such damaged Unit at least to the condition such Unit existed prior to such damage. Section 6.6 Plans. Common Elements shall be repaired and restored in accordance with the original plans and specifications providing for the construction of the building and its related improvements on the Real Property, or other plans and specifications that have been reasonably approved by both Owners. Section 6.7 Condemiiation. The Owners shall participate directly in any negotiations, settlements and/or agreements with condemning authorities for the condemnation of any part ofthe Units or the Common Elements. All compensation, damage, or other proceeds therefrom shall be payable to the Owners and the holders of Security Interests against the Units as their interests may appear. ARTICLE 7 RESTRICTIONS ON USE Section 7.1 Nuisances and Offensive Activities. There shall be no noxious or offensive activities conducted on, in, or upon any Unit or Common Element, and no loud noises or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be done in the Common Interest Community that may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Unit. Any Owner shall have the right to enforce the provisions ofthis Article in accordance with the dispute resolution provisions hereunder. No Owner or occupant ofany Unit shall permit or cause anything to be done or kept on the Real Property which will increase the cost of insurance, or which will result in the cancellation of such insurance. Section 7.2 Structural Integrity. Nothing shall be done to any Unit or to the Common Elements that will impair the structural integrity of any improvements on the other Unit or the Common Elements unless prior written unanimous authorization is obtained from the Executive Board or from the other Owner, as appropriate. Section 7.3 Restriction Upon Occupancy. Except as the Owners might otherwise agree, each Unit shall be used and occupied solely for residential purposes and no trade or business of any kind may be conducted on, in, or upon any Unit or Common Element. Lease or rental o f a Unit for lodging or residential purposes shall not be considered a violation of this covenant and is permissible. Similarly. the maintenance of a home office shall not be considered a violation of this restriction so long as the nature and conduct ofthe business complies with applicable local laws and any covenants affecting the Real Property. Section 7.4 No Unsightliness: Trash Storage. No unsightliness or waste shall be permitted on or in any part of the Common Interest Community. Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the General Common Elements. No Owner shall have, erect, affix or place anything on any of the General Common Elements including, without limitation, satellite dishes, except by agreement ofboth Owners. Nothing shall be placed on or in windows or doors of Units which would create an unsightly appearance. All trash shall be stored in "bear proof' containers erected for that purpose. Section 7.5 No Violation ofRules. No Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations which may be adopted from time to time by the Association, whether relating to the use of Units, the use ofGeneral or Limited Common Elements, or otherwise. Section 7.6 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner' s tenants, guests or invitees, loss or damage shall be caused to any person or property, including the Common Interest Community or any Unit thereon, such Owner shall be liable or responsible for the same. The amount ofsuch loss or damage may be charged by the Association to such Owner as an assessment against such Owner, and such amount (including reasonable attorney fees) shall be secured by a lien on the Unit of such owner. as provided hereinabove. for assessments or other charges. Any increase in the cost of any insurance maintained by the Association referable to such Owner caused damage shall be paid by the Owner causing such damage. Section 7.7 Parking ofVehicles. Parking of any and all vehicles on the Common Interest Community shall be subject to any rules and regulations adopted by the Association. The Association shall have no responsibility for damage done to automobiles parked on the Common Interest Community. Section 7.8 Restrictions on Parking and Storage. No part of the Common Interest Community, including the public streets and driveways or parking areas, unless specifically designated by the Association therefor, shall be used as a parking, storage, display, or accommodation area for any type of trailer, camping trailer, boat trailer, hauling trailer, boat or accessories thereto, truck, or recreational vehicle, for more than three (3) hours, except in an emergency, provided this restriction shall not restrict trucks or other commercial vehicles which are necessary for the construction or maintenance of the Common Interest Community. Section 7.9 Utilities. Each Owner shall be responsible for arranging for provision of utilities to their respective Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their respective Unit. It is anticipated that each Unit shall be separately metered, serviced. and billed for purposes of utilities. All water. sewer, gas, electrical, telephone, cable television and other utility lines, pipes or other infrastructure shall be buried underground and shall not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner causing the installation of the utilities no later than the next growing season following such installation. Section 7.10 Animal Restrictions. No animals other than normal household pets shall be kept in or about the Units. An Owner shall be absolutely liable to the other Owner and their families and guests for any unreasonable noise, nuisance or damage to any person or property caused by any animal brought or kept on the Property by such Owner or by members of his family or his guests. Section 7. 11 Snow Removal. All snow plowed and removed from the common driveway or shoveled from the shared portions of the roof shall be a Common Expense. Section 7. 12 Enforcement. The Association, any member ofthe Executive Board and any Owner shall have the right to enforce this Declaration and any rules and regulations of the Association. In the event of legal action to enforce this Declaration, the prevailing party shall be awarded its reasonable costs and reasonable attorneys' fees, including the costs of collection. Section 7.13 No Violation of Laws. No Owner and no Owner's tenants, guests, or invitees shall violate any applicable federal, state, or local law applicable to the Real Property. ARTICLE 8 EASEMENTS AND LICENSES Section 8.1 Easements of Record. The Real Property is subject to those easements and/or licenses granted by the Declarants pursuant to this Declaration and those shown on the Plat. Section 8.2 General Common Elements Easement. Each Unit Owner has a right of use and easement for enjoyment in and to the General Common Elements, which right and easement shall be appurtenant to and shall pass with the title to each Unit subject to the provisions contained herein. Every Owner shall have a non-exclusive easement over, under and across the General Common Elements, while Limited Common Elements shall be subject to the provisions of Section 1.2.e above. Section 8.3 Easements for Improvements, Maintenance. and Utilities. Reciprocal easements are hereby declared to exist over and under the Real Property and all areas thereof for any existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, other utilities, drainage facilities, roof overhangs, walkways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the Real Property and/or the individual Units. Each Owner has the right, at its sole expense and after giving written notice for at least one (1) business day to the other Owner, to relocate such lines and facilities within or upon its Unit; provided. however, that such relocation shall be accomplished without interrupting utility service to the other Owner, unless otherwise permitted by the other Owner. Section 8.4 Encroachment Easements. Each Owner has an easement into the adjoining Unit for the purpose of accommodating any encroachment due to engineering errors, errors iii original construction, reconstruction, repair, settlement or shifting or movement ofthe building, or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment. settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. Section 8.5 Easement for Maintenance ofUnits. Reciprocal easements (among both Units and the Common Elements) are hereby declared to exist on each side ofthe common boundary line between the Units on areas not occupied by buildings to the extent reasonably necessary for the maintenance ofthe building exteriors facing said common boundary. Precautions shall be taken to ensure no damage to the Unit of the other shall be caused by the exercise of an Owner of such Owner's rights: however, any damage which shall be caused shall be fully indemnified against by the Owner causing such damage or permitting such damage to be caused. Except in the event of an emergeiicy, or routine items of maintenance such as window washing, such easement for maintenance shall be exercised only on ten (10) days advance written notice to the other Owner. ARTICLE 9 CITY OF ASPEN LAND USE CODE REQUIREMENTS Section 9.1 No Subdivision. The creation of this Common interest community does not constitute a legal subdivision of land pursuant to the City of Aspen Land Use Code. The separate ownership interests do not result in the creation of separate, legal lots or parcels under the City of Aspen Land Use Code. Section 9.2 City Approval. Any alteration, change, expansion modification of any structure iii this Common Interest Community or timeshares may require the approval ofthe City of Aspen. Section 9.3 No Partition ofCommon Interest Community. The partition ofany interest in this Common Interest Community or timeshare is prohibited. By becoming part of this Common Interest Community, any right to maintain legal partition action is forever waived. In the case where a court may allow a partition action in a Common Interest Community, the interested party agrees that a partition action constitutes an evasion ofthe City ofAspen subdivision regulations and agrees to be bound by all provision of the City ofAspen Land Use Code relating to subdivision. ARTICLE 10 MISCELLANEOUS Section 10.1 When Consent or Authorization Not Necessary. Notwithstanding anything iii the Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization ofthe Association shall thereby be deemed given, ifthe Owner seeking such consent or authorization has obtained in writing the consent or authorization of the other Owner of the Common Interest Community. Section 10.2 Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify and hold the other Owner ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and reasonable attorney fees) of whatsoever nature occasioned by or if any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner's Unit, or labor, services or materials furnished to such Owner or such Owner's Unit, and will maintain the Other Owner's Unit, as well as that portion of the Common Elements exclusively reserved to such Other Owner, entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its discretion, determines to be necessary to eftect the release and discharge of the lien from such Other Owner' s Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21% shall be repaid by the Indemnifying Owner upon demand. Until repaid, the obligation to do so shall be secured by a lien against the Unit o f the Indemni fying Owner, notice of which may be given by the Other Owner by a filing in the records ofthe Pitkin County Clerk and Recorder. and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorney fees. Section 10.3 Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Declaration to be performed by the respective Unit Owners is intended to and shall be deemed to be for the specific benefit of the other Unit Owner. In the event of the failure or inability of the Association to enforce any provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner. acting alone, shall have the right in the name of the Association and on its behalf or. as the case may be necessary or advisable. in the name of such remaining Owner and on his, her or its behalf to commence, maintain and obtain judgment in an action for damages, for specific performance, or for both. In connection with any such proceedings against a delinquent or defaulting Owner, the remaining Owner shall be awarded its costs and reasonable attorney fees as a part ofanyjudgment entered iii favor of such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. Section 10.4 Successors and Assigns. This Declaration shall be binding on and shall inure to the benefit ofthe Association and each Owner, and the heirs, personal representatives, successors and assigns of each of them. Section 10.5 Severability. I fany part ofany provision of this Declaration shall be invalid or unenforceable under applicable law, the part shall be ineffective to the extent such invalidity or unenforceability only, without in any way affecting the remaining parts of the provision or the remaining provisions of this Declaration. Section 10.6 No Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches that may occur. Section 10.7 Captions. The captions and headings in this Declaration are for convenience only and shall not be considered iii construing any provision of this Declaration. Section 10.8 Duration. The covenants, conditions, and restrictions ofthis Declaration shall run with and bind the land in perpetuity unless this Declaration is terminated by written agreement of both Owners. Section 10.9 Amendments by Owners. Except for amendments that may be executed by the Executive Board pursuant to this Declaration, this Declaration, including the Plat, may be amended or terminated only by written agreement of Owners representing one hundred percent (100%) ofthe votes in the Association. An amendment to the Declaration shall be effective only on the recording of the amendment that has been signed by the requisite Owners, in the Office of the Clerk and Recorder of Pitkin County. Colorado. Signatures of Owners on the amendment shall be notarized. Section 10.10 Dispute Resolution. For all disputes arising from this Declaration which are not the result of a "Deadlock" as described in Section 3.6 above, and that could be raised as claims or defenses in a court of law shall be resolved through mediation and binding arbitration conducted in Aspen, Colorado by the Denver, Colorado office of the American Arbitration Association in accordance with its Real Estate Industry Arbitration Rules (including a Mediation Alternative). The foregoing is an agreement to arbitrate pursuant to the terms of the Colorado Uniform Arbitration Act, C.R.S. Â§Â§ 13-22-201 et seq. and may be enforced as such. The prevailing party in any such arbitration shall be entitled to receive from the non-prevailing, in addition to any other award or relief graiited, an award equal to all of its reasonable expenses and fees, including attorneys' fees and costs, incurred in the course of such dispute. IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed as of the day of 2013. WEIMANN PROPERTIES, LLLP By Gabriela M. Weimann, Trustee ROBERT P. WINCHESTER By: Robert P. Winchester [acknowledgements follow-] STATE OF. ) )SS. COUNTY OF. ) The foregoing instrument was acknowledged before me this day of . 2013 by Gabriela M. Weimann. Witness my hand and official seal. My comniission expires: Notary Public STATE OF. ) )SS. COUNTY OF. ) The foregoing instrument was acknowledged before me this day of , 2013 by Robert P. Winchester. Witness my hand and official seal. My commission expires: Notary Public . 0 . . . 0 . . CERTIFICATE OF DEDICATION AND OWNERSHIP WE 3 MANN -73 14 CHE S VER COLORADO DESCRIBED AS FOLLOWS: KNOW ALL PEOPLE BY THESE PRESENTS THAT WEIMANN PROPERTIES LLLP, BEING OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, UNIT 775 AN UNDIVIDED ONE-HALF INTEREST IN AND TO: LOT 4, WEST ASPEN SUBDIVISION, FILING NO. 1-A, LEGEND AND NOTES COMMON INTEREST COMMUNITY SUBJECT TO THE TERMS, CONDITIONS AND STIPULATIONS CONTAINED IN THE COMMON A INTEREST COMMUNITY DECLARATION FOR THE WEIMANN-WINCHESTER COMMON INTEREST THE PURPOSE OF THIS PLAT IS TO CREATE UNITS -775' AND 777-, COMMUNITY RECORDED 2013 AT RECEPTION NO. IN DIVIDING SAID UNITS ALONG THE CENTERLINE OF THE EXISTING PARTY WALL. THE RECORDS OF P I TK I N COUNTY, COLOÂ¢!ADO, O SURVEY MONUMENT AS DESCRIBED L0T 4, AND ROBERT P. WINCHESTER, BEING OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY WEST ASPEN SUBDIVISION, FILING NO. 1-A, SITUATED IN PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: ~ UTILITY BOX CITY OF ASPEN, SURVEY CONTROL COUNTY OF PITKIN, AN UNDIVIDED ONE-HALF INTEREST IN AND TO: . UNIT 777: STATE OF COLORADO. FENCE LOT 4, WEST ASPEN SUBDIVISION, FILING NO. 1-A, WATER VALVE SUBJECT TO THE TERMS CONDITIONS AND STIPULATIONS CONTAINED IN THE COMMON 0 CUT POWER POLE AT GRADE INTEREST COMMUNITY DÂ¢CLARATION FOR THE WEIMANN-WINCHESTER COMMON INTEREST COMMUNITY RECORDED 2013 AT RECEPTION NO. IN THE POSTED ADDRESSES -775 AND 777- RECORDS OF PITKIN COUNTY, COLORADO, 1--10 HAVE BY THESE PRESENTS LAID OUT, PLATTED, AND SUBDIVIDED G.C.E. GENERAL COMMON ELEMENT THE SAME AS SHOWN HEREON AND DESIGNATE THE SAME AS THE WEIMANN-WINCHESTER I0 20 L.C.E. LIMITED COMMON ELEMENT COMMON INTEREST COMMUNITY IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE CREATED AS EASEMENTS ON tHE U.S. SURVEY FOOT USED CITY OF ASPEN GPS MONUMENT NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES ACCOMPANYING PLAT AND DO HEREBY GRANT THE R I GHT TO I NSTALL AND MA I NTA I N FIRE HYDRANT FOR WHICH THE EASEMENTS ARE ESTABLISHED. Â· EXECUTED THIS - DAY OF CITY OF ASPEN ~ TITLE INFORMATION FURNISHED BY: Â· A.D. 2013 GPS MONUMENT S-159 BY: GABRIELA WEIMANN TRUSTEE OF THE JOACHIM WEIMANN tRUST U/T/A DATED OCTOBER 19 2006 AND THE RENATE F. WEIMANN TRUST U/T/A DATED OCTOAER 19, 2006, CITY OF ASPEN GENERAL PARTNERS GPS MONUMENT CONCRETE No. 10 DRIVE RED STATE OF COLORADO ) 16129 ) SS ENCROACHES COUNTY OF PITKIN ) 9 ,Rf THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY - OF A.D. 2013 BY GABRIELA WEIMANN. TRUSTEE OF THE JOACHIM WEIMANN TRUST U/T/A DATED OCTOBER 19. 2006 AND THE RENATE F. WEIMANN TRUST U/T/A DATED OCTOBER 19. 2006. GENERAL PARTNERS. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. \4 - ~ - --~ 4 ma NOTARY PUB I C 153Â·09 / e . R j rio - . lit EXECUTED THIS ___ DAY OF A.D. 2013 FENCE LINE N 76'26 3OE ENCROACHES / 2253 PAVED -och BY: CONC WALK 5- UTILITY EASEMENT ~ L.C.E. ~ S ZA DRIVE 3 ROBERT P. WINCHESTER ' ,&0 -/- STATE OF COLORADO ) 1% 1 1 Z COUNTY OF PITKIN ) ~ 1 SS SIONE 4 - 0/ Â·1 Vij BEFORE ME THIS DAY - OF A.D. 2013 BY ROBERT P. WINCHESTER. 6 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED -- b CONC WALK 0. 4141 5.0 ' ~ ~::= MY COMMISSION EXPIRES: ' WITNESS MY HAND AND OFFICIAL SEAL. Â£- REBAR // /-/ 43.8 , D,BA- - 9 Â® NOTARY PUBLIC NO CAP --- L.~& 12??B % UNIT - 5.9 ; EXECUTED THIS - DAY OF , A.D. 2013 "777' - .sf' - w< MORTGAGEE'S CERTIFICATE 4 Pl-MNTER .\>1. 6759 SQ FT +/- -O 1 5 * KNOW ALL MEN BY THESE PRESENTS THAT ALPINE BANK IS THE MORTGAGEE OF ro THE HEREIN DESCRIBED REAL PROPERTY AS EVIDENCED BY THAT DEED OF TRUST RECORDED S St AS RECEPTION NO. 537047 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, Sp K ' S COLORADO, HEREBY CONSENTS TO THE RECORDING OF THt S PLAT, t==t m 6 EXECUTED THI S DAY OF 2013. COMMON# 0 G.C.E. ; CONCRETE 1 ALP I NE BANK BY: T 1 T I P : PATIO E 1614 SQ FT â€¢/- j,~ DR I VE 0% 0\ STATE OF COLORADO ) A O 0\ 24 L~*Â«, j O~ ~ ' ~~ THE FOREGOING MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS - g COUNTY OF PITKIN ) DAY OF 2013 BY OF 1\ PATIO MULTI-STORY 2=.rER DUPLEX <* ** .- I WITNESS MY HAND AND OFFICIAL SEAL 19, j 30 Â·-4 MY COMMISSION EXPIRES: 4 -.. ~~~~~ ROUND~Y -'<'55 8 \\\ NOTARY PUBLIC $ P A T 1 O ~ \ - . ..5\.-5.6 ~ * s-0 ~ Tb.9 .0 - ~ PAVED % ~ 1 - -- PARTY-WALL S..9-'0 DRIVE ~ - EDGE OF me L.C.E. SURVEYOR'S CERTIFICATE LAWN -K 1 -0 18 6 1 I , JOHN M. HOWORTH, HEREBY CERTIFY THAT A SURVEY WAS PERFORMED . - 1 PROPERTY . THE LOCAT I ON AND D I MENS I ONS OF THE BOUNDARY LINES, t UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED 3 5 r BUILDING ENVELOPES, UTILITIES, IMPROVEMENTS AND EASEMENTS AS S PATIO . SHOWN oN THE TITLE COMMITMENT ARE NOTED HEREON AND ARE ACCURATELY UNIT ',.< SHOWN ON THIS PLAT AND THAT THE SURVEY WAS DONE IN ACCORDANCE I. FENCE LINE STONE * TIME. SURVEY CONTROL PRECISION LESS THAN 1/15,000. WITH C.R.S. 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO "775" , 2013 RETAINING -4 < 6630 SO FT ./- 5 0 SIGNED THIS - DAY OF .0 0 ~ ' 22 \ 6 JOHN M. HOWORTH, PLS 25947 \ / CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL DECK --~ - --* THIS PLAT WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT * *<.. FMR RED DIRECTOR OF THE CITY OF ASPEN THIS DAY OF , 2013. 16129 44.0 STONE COMMUNITY DEVELOPMENT DIRECTOR // CITY ENGINEER'S REVIEW // THIS PLAT WAS REVIEWED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS - DAY OF 2013 5- UTILITY EASEMENT \53.09Â· CITY ENGINEER VICINITY MAP TITLE CERTIFICATE 26'30-W 5 76. THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE GUARANTY 1 - 6, HEREBY CERTIFY THAT THE OWNERS OF LOT 4, WEST ASPEN SUBDIVISION HOLD FEE 0Â· COMPANY WHICH IS REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO DOES / 4/ 6 41 ALTHOUGh WE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT TO SIMPLE TITLE TO THE PROPERTY. THE LAND IS FREE AND CLEAR OF LIENS, TAXES AND ENCUMBRANCES EXCEPT FOR THE MATTERS OF RECORD. 9 BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT LAND TITLE GUARANTEE COMPANY 43 /<6 NEITHER ASSUMES NOT WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER. BY: ALUM CAP i 1 GPS 10 TITLE: CLERK & RECORDER CERTIFICATE THIS PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLERK & RECORDER OF P I TKIN COUNTY ON THE - DAY OF _-_ 2013, AND IS RECORDED IN BOOK - ON PAGE -, AS RECEPTION NO. SITE CLERK & RECORDER \\g PREPARED BY j ASPEN SURVEY ENGINEERS, INC. Q ASPEN. COLORADO 81611 210 SOUTH GALENA STREET NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL PHONE/FAX (970) 925-3816 ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN DATE JOB YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE 5/13 30265B CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. . . 0 . . . . . a oz. 9% Â·El - - -+-- 931> --- 000086 1 el< - INÂ¥ goo~ -- tioZ/,Z;90 Â·Â· rw'>99920â‚¬,P'OV'*001 00Â¥0 le--8\ 3 90 19 00 96 AR.Ot.MdI N 46 ' 9 4