HomeMy WebLinkAboutcoa.lu.ex 106 n 7th/735 w bleeker condo conversion A046-002735-124-45-001 A046-00
-r 106 N. 7th/735 W. Bleeker
Subdivision Exemption for Condo.
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Col, rado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee '
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
1079
Aspen Fire
Other Fees:
1006
Copy
1302
GIS Maps
1303
GIS Fee
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
TOTAL
NAME: G,�;1�' 19 /(-6Avt1''�!���F"Ct
ADDRESS/PROJECT: : S U1.
PHONE: -7/ -7
CHECK#
CASE/PERMIT#: # OF COPIES:
DATE: `� i INITIAL:
0
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A046-00
2735-124-45001
106 N. Seventh/735 W. Bleeker Condominium Conversion
106 N. 7th/ 735 W. Bleeker
James Lindt
Condominiumization
Randall Bone
Lennie Oates
6/7/00
Plat Recorded 6/7/00
6/7/00
J. Lindt
PARCEL ID: 2735-124-45001 DATE RCVD: 4/11/00 # COPIES:— CASE NO A046-00
CASE NAME: 106 N. Seventh/735 W Bleeker Condominium Conversion PLNR:�
PROJ ADDR:1 106 N 7th/ 735 W Bleeker CASE TYP: Condominiumization STEPS:
OWN/APP:l Randall Bone ADR 735 W. Bleeker C/S/Z:' Aspen/CO/81611 PHN:
REP: Lennie Oates ADR:: 533 E. Hopkins C/S/Z: Aspen/CO/81611 PHN. 920-1700
FEES DUE: 265 FF 170 E FEES RCVD: 460 STAT:
REFERRALS
REEF— BY]
MTG DATE REV BODY PH NOTICED '
F—_ I 1
REMARKS
DUE:I
DATE OF FINAL ACTION
CITY COUNCIL:
PZ: F—
CLOSED: BY: r
IVa'� ;
BOA :
DRAC:
-
PLAT SUBMITD:
PLAT (BK,PG):
ADMIN:)
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LAW OFFICES OF
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN. COLORADO 81611
LEONARD M. OATES TELEPHONE (970) 920-1700
RICHARD A. KNEZEVICH FACSIMILE (970) 920-1121
TED D. GARDENSWARTZ
DAVID B. KELLY e-mail ohkgOrof.net
April 10, 2000
OF COUNSEL:
MICHAEL FEIGENBAUM
JOHN T. KELLY
DAVID B. MUELLER
James Lindt, Planning Technician HAND DELIVERED
City of Aspen Community Development Dept.
130 South Galena Street
Aspen, CO 81611
Re: Plat for 106 North Seventh/735 West Bleeker Common Interest Community
Dear James:
This letter shall constitute the application of Randall G. Bone for a subdivision exemption for a
"Condominium Conversion" for approval by the Community Development Department Director pursuant
to 26.88.030 A.3 and 26.88.070 of the Land Use Regulations of the City of Aspen.
You will please find enclosed herewith two (2) copies of the proposed Plat for the above project,
developed as a common interest community. The project is situate on Lots A and B, in Block 18, City and
Townsite of Aspen. Please arrange for the Plat to be circulated to the required referral
agencies for consideration and request that I be advised as to what additions, deletions and modifications
are required.
Also enclosed is the application fee in the amount of $460.00 for a two (2) unit project. The project
is developed with two (2) detached single family residences. There will be ADU's attached to each. We
OATES, KNEZEVICH & GAENSWARTZ, P.C. •
James Lindt, Planning Technician
April 10, 2000
Page Two
understand that the deed restriction for the 106 unit has been made. The 735 unit ADU has not yet been
constructed, but will be deed restricted when built. Also enclosed is a copy of the proposed form of
Declaration which will be recorded at the same time as the original Plat.
Very truly yours,
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
By
Leonard M. Oates
LMO/dw
Encs.
C:Data IClients lBoneVirJ.Lindt 4-7-00.wpd
•
LAW OFFICES OF
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
PROFESSIONAL CORPORATION
THIRD FLOOR. ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN.COLORADO81611
LEONARD M. OATES TELEPHONE (970) 920-1700
RICHARD A. KNEZEVICH FACSIMILE (970) 920-1121
TED D. GARDENSWARTZ
DAVID B. KELLY e-mail ohkg®rof.net
OF COUNSEL:
MICHAEL FEIGENBAUM
JOHN T. KELLY May 1, 2000
DAVID B. MUELLER
James Lindt VIA HAND DELIVERY
Planning Technician
City of Aspen
130 South Galena St.
Aspen, CO 81611
Re: Pending Application of Randall Bone
for Administrative Condominium Approval
for 106 North Seventh Street/735 West Bleeker
Dear James:
I have had a recent telephone conversation with Randall which answered some questions that
I had and may have misstated in Randall's Application. I believe that in the Application I stated that
there would be deed restricted ADUs associated with both of the units. That is incorrect. Unit 106
required a deed restricted ADU and that unit has been constructed and deed restricted. Unit 735 does
not require a deed restricted ADU, but an ADU could be incorporated in that Unit if desired by the
Owner. I do not believe it would need to be deed restricted if it was built. It will be up to the owner
of Unit 735 to decide if he will put an ADU in.
GATES, KNEZEVICH 8a GARDENSWARTZ, P.C.
James Lindt
Planning Technician
May 1, 2000
Page 2
Please consider this letter an Amendment to our Application. If you need to discuss this with
me, Randall will be in town for a few days next week and we can meet.
Very truly yours,
OATES, KNEZEVIOII , I'. .
Leonard M. Oates
LMO/jr
\\Lmos\Data\Clients\Bone\Ltr.Lindt.5.01.00.wpd
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
Q(........... City Engineer
O ........... Zoning Officer
O ........... Housing Director
O ........... Parks Department
O ........... Aspen Fire Marshal
O ........... City Water
O ........... Aspen Consolidated Sanitation District
O ........... Building Department
O ........... Environmental Health
O ........... Electric Department
O ........... Holy Cross Electric
O ........... City Attorney
O ........... Streets Department
O ........... Historic Preservation Officer
O ........... Pitkin County Planning
FROM: James Lindt, Planning Technician
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5104 Fax-920.5439
RE: 106 North Seventh/ 735 West Bleeker Condominiumization
Parcel ID #2735-124-45-001
DATE: April 14, 2000
COMMENTS: Please return comments to me by April 28th.
Thank You,
James Lindt
•
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COMMON INTEREST COMMUNITY
DECLARATION
FOR
106 NORTH SEVENTH/735 WEST BLEEKER
NAME, OF THE COMMON INTEREST COMMUNITY
106 NORTH SEVENTEU735 WEST BLEEKER COMMON INTEREST COMMUNITY
NAME OF THE ASSOCIATION
106 NORTH SEVENTH/735 WEST BLEEKER
OWNER EXECUTING THE DECLARATION
RANDALL G. BONE
DESCRIPTION OF PROJECT
Units 106 and 735, 106 North Seventh/735 West Bleeker, according to the Common Interest
Community Plat thereof recorded , 2000 in Plat Book_ at Page_ of the records of Pitkin
County, Colorado
FORMERLY KNOWN AS: Lots A and B, Block 18, City and Townsite of Aspen, Pitkin County,
Colorado.
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COMMON INTEREST COMMUNITY
DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
THIS DECLARATION is made as of 2000, by Randall G. Bone (the "Declarant")
RECITALS
A. Declarant is the owner of the following described real property in the City of Aspen,
County of Pitkin, State of Colorado (herein, the "Real Property" or "Common Interest
Community"): Units 106 and 735, 106 North Seventh/735 West Bleeker according to the
Common Interest Community Plat thereof filed for record in Plat Book Page ,
of the records of Pitkin County, Colorado (the "Plat"), together with all of the Common
Elements thereof, all as more fully described as:
Lots A and B, Block 18, City and Townsite of Aspen, Pitkin County,
Colorado (the "Real Property"), improved with two (2) single family
residences, each to contain an accessory dwelling unit.
B. Declarant wishes to subdivide the real property to create and confirm a Common
Interest Community consisting of two (2) units in which portions of the Real Property are
designated for separate ownership, each with a single family residence thereon and each to
contain an accessory dwelling unit, and the remainder of which (the "Common Elements")
is designated for common ownership solely for use by the Owners of the separate ownership
portions in accordance with the provisions thereof.
THEREFORE, Declarant states as follows:
ARTICLE 1
DEFINED TERMS
1.1 Submission of Real Property Declarant hereby declares that all of the Real Property
and improvements are hereby made subject to the following easements, restrictions, covenants and
conditions which shall run with the Real Property and be binding an all parties having any right, title
or interest in the Real Property or any part thereof, their heirs, legal representatives, successors and
assigns, and shall inure to the benefit of each Owner thereof. Declarant expressly does not submit
the Real Property to the provisions of the Colorado Common Interest Ownership Act, C.R.S. § 38-
33.3-101, et seq. (the "Act"), as the development of the Real Property is exempt therefrom by
election of the Declarant, all as permitted by the Act
1.2 Defined Terms. Each capitalized term not otherwise defined in this Declaration or
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 2
on the Plat and used herein or on the Plat shall have the meanings specified or used in the Act,
notwithstanding that the Act does not govern the Common Interest Community.
ARTICLE 2
NAMES; DESCRIPTION OF RE AL PROPERTY
2.1 Names:
2.1.a Common Interest Community. The name of the Common Interest
Community shall be 106 North Seventh/735 West Bleeker (the " Common
Interest Community")
2.1.b Association. The name of the Association is the 106 North Seventh/735
West Bleeker Association. an unincorporated association (the "Association").
ARTICLE 3
THE ASSOCIATION
3.1 Authority. The business affairs of the Common Interest Community shall be
managed by the Association which affairs are specifically the governance of the Common Elements
of the Common Interest Community.
3.2 Member Groups. The Association shall have two (2) member groups, the Unit 106
Member Group which is attached to Unit 106 and the Unit 735 Member Group which is attached to
Unit 735. Membership in a group shall be automatic an the part of any individual(s) or entity(ies)
acquiring an ownership interest in a Unit and shall automatically cease when such individual(s) or
entity(ies) no longer have an ownership interest therein
3.3 Powers. The Association shall have all of the powers, authority, duties, rights and
benefits permitted to an unincorporated association pursuant to the Act or by law. 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 106 Member Group and its
Unit 735 Member Group, and neither member group acting alone shall have the power to act for or
bind the Association.
0
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 3
3.4 Executive Board. Except as otherwise provided in this Declaration, the Association
shall act through its Executive Board. The Executive Board will consist of two (2) Executive Board
Members. The Unit 106 Member Group and the Unit 73 5 Member Group shall each appoint one (1)
Executive Board Member. Except as otherwise provided in this Declaration, the Executive Board
may only act by unanimous decision, subject to the terms set forth in Section 3.7
3.5 Notice to Owner: Any notice to an Owner of matters affecting the Common Interest
Community by the Association or by another Owner shall be sufficiently given if such notice is in
writing and is delivered personally, by courier, private service delivery or by regular first-class
postage prepaid mail delivery. All notices so given shall be considered received on the third business
day after deposit in the United States mails regular first-class postage prepaid, at the address of
record for real property tax assessment notices with respect to that Owner's Unit or two (2) business
days after delivery to a courier or private service delivery. Any notice personally delivered shall be
deemed received on the date of such delivery.
3.6 Waiver of Lien Priority Rights. Declarant and each Owner understands and intends,
by use of an unincorporated association, and because the Association is not governed by the Act, that
the Association will not have the benefit of lien priorities provided in the Act for incorporated
associations.
3.7 Deadlock.
3.7.a Definition. "Deadlock" shall mean a written statement that there is "a
Deadlock" made by a member of the Executive Board to the other member
of the Executive Board after a formal vote in which one member of 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 regarding governance of the Common Elements.
3.7.b Breaking a Deadlock. In the event of a Deadlock, the Executive Board shall
take another vote on the proposition. If that vote is not unanimous, then any
matter in Deadlock, shall be settled by binding arbitration administered by
the American Arbitration Association in Pitkin County, Colorado, and
judgment on the award rendered by the arbitrator(s) may be entered by any
court having jurisdiction thereover, which shall include the Pitkin County
Colorado District Court.
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 4
3.8 When Consent or Authorization Not Necessary. Notwithstanding anything in this
Declaration to the contrary, whenever the consent or authorization of the Association or Executive
Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization
of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization
has obtained the consent or authorization of the remaining Owner of the Common Interest
Community.
3.9 Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify and hold the
other Owner (" Other Owner") blameless and harmless of, from and against any loss, claim, demand
or obligation (including costs of defense and attorneys' fees) of whatsoever nature occasioned by or
in any manner resulting or emanating from any work done at the behest of the Indemnifying Owner
on such Owner's Unit or labor, services or materials furnished to such Owner or such Owner's Unit
and will maintain the Other Owner's Unit, entirely lien free through payment or suitable substitution
bond; and, upon the failure of the Indemnifying Owner to so do, the Other Owner shall have the
right to do that which in such Owner's 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, such obligation shall be secured
by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other
Owner in the applicable real property records, and which may be foreclosed as in the case of a
mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover such
Owner's costs and reasonable attorneys' fees.
3.10 Additional Rights of Enforce. Each of the covenants, obligations and undertakings
in this Declaration contained on the part of the respective Unit Owners to be kept, discharged or
performed is intended to and shall be deemed to be for the specific benefit of the other Unit Owner,
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 such Owner's behalf or, as the case may be necessary or
advisable, in the name of such remaining Owner and on such remaining Owner's behalf to
commence, maintain and obtain judgment under an action for damages, for specific performance,
or for both, as appropriate; and, in connection with any proceedings against a delinquent or
defaulting Owner, the remaining Owner shall be entitled to such remaining Owner's costs and
reasonable attorneys fees as a part of any judgment entered for such Owner, whether or not the relief
obtained, including any damages, is less than what was sought.
•
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 5
ARTICLE 4
UNITS
4.1 Number of Units, Accessory Dwelling Unit. The number of Units in the Common
Interest Community is two (2), Unit 106 and Unit 735.
4.2 Definition of. The identifying name 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. There are no Limited Common Elements. Any reference to a Unit
in this Declaration or the Plat shall include that Unit's undivided '/2 interest in the Common
Elements, and all interest in the Common elements as referenced herein shall be deemed inseparable
from the respective Units.
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.
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS
5.1 Common Elements. The area designated for trash storage shown on the Plat as a
General Common Element and common utility service lines, if any, shall constitute Common
Elements Responsibility for the maintenance, repair and of the Common Interest Community,
replacement of the trash storage area and utilities shall be the only Common Expense and shall be
shared equally among the units. No Owner shall do or permit anything to be done to the trash
storage area or utilities which affect the integrity thereof for the purposes the same are intended.
5.2 Common Expenses. The only Common Expenses of the Association ("Common
Expenses") are for maintenance of the General Common Elements as shown on the Plat and defined
in Section 5.1 above.
5.3 Creation of Association Lien and Personal Obligation to Pay Common Expense
Assessments. Each Owner, by acceptance of a deed to a Unit, shall be deemed to covenant to pay
expenses for maintenance of the Common Elements as and when incurred, such assessments shall
also include late charges, attorney fees and costs of collection charged by the Association if not paid
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 6
when due. All Common Expenses assessments shall be the personal obligation of the Owner at the
time when the assessment becomes due. No Unit Owner shall convey a Unit unless and until all
sums due the Association and not assumed by the transferee are currently paid. The Common
Expense Assessments shall be a continuing lien upon the Unit against which each such Common
Expenses assessment is made and is subject to the Association's right to foreclose as provided by the
Act.
5.4 Apportionment of Common Expenses Common Expenses shall be assessed against
the Units equally.
ARTICLE 6
MAINTENANCE AND INSURANCE
6.1 Maintenance.
6.1.a Association's Responsibility. The Association shall be responsible for the
maintenance and repair of all those portions of the Common Interest
Community whose maintenance and repair has not been assigned to the
Owners by the remaining provisions of this Section 6. 1.
6. Lb Owner's Responsibility. For purposes of maintenance, repair, alteration and
remodeling, an Owner shall be deemed to own, and shall have the right and
the obligation to maintain, repair, and the right to alter and remodel all
property and improvements on and within any building on such Owner's
Unit. 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, if any, except in common with all Owners.
Each Owner shall, at such Owner's sole cost and expense:
6.l.b.i keep and maintain in good order and repair the equipment and
those Utilities located in such Owner's Unit, which serve that Unit
exclusively
6.l.b.ii replace any finishing or other materials removed with materials
of similar type
0
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 7
6.1.b.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 including
without limitation, the roof and structural components serving such Unit
6.1.b.iv maintain in a neat and cican condition, free and clear of snow, ice
and water accumulation all the decks, yards, porches, balconies or patio areas
on a Unit.
6.2 Insurance.
6.2.a Owners' Insurance Each Owner shall maintain property and • liability
insurance with respect to such Owner's Unit in the amount of the. full
insurable value thereof. Such policy shall provide that the Association be
named as an additional insured unless the Owners shall agree otherwise, and
shall further provide that each Owner be provided with at least thirty (30)
days written notice of the cancellation of the other Owner's policy. Each
Owner shall use best efforts to cause each insurance policy obtained by that
Owner, provide that the insurance company waive all right of recovery by
way of subrogation against other Owners and the Association in connection
with auy damage covered by any policy. Each such policy shall also include
liability coverage on the Common Elements to the extent of the interest of
each Owner therein.
6.2.b Waivers. The Owners release each other and the Association, and their
respective authorized representatives, from any claims for damage to any
person or to the Units that are caused by or result from risks insured against
under any insurance policies carried by the Owners or the Association and in
force at the time of any such damage.
ARTICLE 7
SPECIAL LANDSCAPE AREA
7.1 Special Landscape Area. The areas shown on the plat as "Special Landscape Areas"
constituting a part of each of the Units requires the Owner of the Unit on which such Special
Landscape Area is located to maintain and irrigate the existing landscaping, trees, bushes and
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 8
vegetation thereon in good condition and to replace any diseased or dead vegetation thereon with
a healthy replacement of the same specie type and size in the same location. Change to the
landscaping of the Special Landscape Area shall be prohibited unless both of the Owner groups
agree in writing.
ARTICLE 8
EASEMENTS AND LICENSES
8.1 Recordinsz Data. All easements, licenses and title exceptions to which the Common
Interest Community are presently subject are recited in Exhibit A. In addition, the Common Interest
Community may be subject to other easements or licenses granted by the Declarant pursuant to this
Declaration or on the Plat.
8.2 Common Elements. Ritzhts and Easement.. Each Unit Owner has a right and
easement of enjoyment in and to the Common Elements and a right of access thereto, which shall
be appurtenant to and shall pass with the title to every Unit subject to the provisions contained
herein. Every Owner shall have a non-exclusive easement over, under and across the Common
Elements. In the event of future construction on or within a Unit, each Unit Owner shall also have
the right, after giving written notice to the members of the Executive Board, to overdig into the
Common Elements and adjoining Unit to the minimum extent necessary and temporarily brace any
excavation or existing foundations within a Unit. After such temporary use, the constructing Unit
Owner shall, at such owner's sole expense, restore and repair the Common Elements or adjoining
Unit to the condition existing prior to such construction work. By undertaking work within the
Common Elements or adjoining Unit, the constructing Unit Owner agrees to defend, indemnify and
hold harmless the other Unit and the other Unit Owners from and against all claims arising out of
or relating to such construction, including without limitation for injury to persons or property and
for mechanics' and materialmen's liens.
8.3 Access Easements. The Owner of Unit 106 shall have an access easement for access
to the Accessory Dwelling Unit ("ADU") situate thereon across the portion of Unit 735 shown
therefor on the Plat for the benefit of the occupants of the ADU. The Owner of Unit 735 shall have
an easement for access across the portion of Unit 106 shown therefor on the Plat for access to the
parking spaces on Unit 735. In addition, the Owner of Unit 735 may remove the tree within the said
easement in the event the tree shall materially impair access to the parking spaces on Unit 106.
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST SLEEKER
Page 9
8.4 Easements for Improvements, Maintenance and Utilities. Reciprocal Easements
(among both Units and Common Elements) are hereby declared to exist over and under the Real
Property and all areas thereof for the existing electric, telephone, water, gas, and sanitary and storm
sewer lines and facilities, exhaust, heating and airconditioning facilities, plumbing vent pipes, cable
or master television antenna lines, drainage facilities, garbage chutes, stairs, walk -ways, and
landscaping, anti 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 such Owner's 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 such Owner's Unit; provided, however, that such relocation shall be
accomplished without interrupting the need of the other Owner for the use of such lines or facilities
(including the providing of temporary service, if necessary), except as such other Owner specifically
permits.
8.5 Encroachment Easements. Each Owner has an easement over 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 such encroachments so long as
they shall exist, and the rights and obligations of Owners shall not be altered in any way by such
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. In the event a structure is partially
or totally destroyed, and then repaired or rebuilt in substantially the same manner and in the same
place 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 such encroachments
so long as they shall exist.
8.6 Easement for Maintenance of Units. Reciprocal easements (among both Units and
the Common Elements) are hereby declared to exist on each side of the common boundary line
between the Units on areas not occupied by buildings to the extent reasonably necessary for the
maintenance of the 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 by an Owner of such
Owner's rights; however, any damage which shall be caused shall be fully indemnified by the Owner
causing such damage or permitting the same 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.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed
COMMON INTEREST COMMUNITY DECLARATION
FOR
106 NORTH SEVENTH / 735 WEST BLEEKER
Page 10
this day of , 2000
By: Randall G. Bone
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
, 2000 by Randall G. Bone.
Witness my hand and official seal
My commission expires: Notary Public
day of
•
•
CONSENT OF MORTGAGEE
The undersigned holder of a. mortgage, deed of trust or other lien (collectively "Security
Interest") recorded , as Reception No of the Pitkin County, Colorado real property
records against and encumbering the Real Property hereinabove described hereby consents to the
within and foregoing Common Interest Community Declaration and agrees that its Security Interest
is and shall be subject to the terms conditions and provisions thereof as fully, for all intents and
purposes, as though such Declaration had been placed of record prior to the recordation of its
Security Interest.
NORWEST MORTGAGE, INC.
by: Jody Cooper
Its: Loan Officer
STATE OF COLORADO
SS.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this day of 2000,
by Jody Cooper, as a Loan Officer of Norwest Mortgage, Inc.
Witness my hand and official seal
My commission expires on: Notary Public
CONSENT OF MORTGAGOR
The undersigned holder of a mortgage, deeds of trust or other lien (collectively "Security
Interest") recorded , as Reception No of the Pitkin County Colorado real
property records against and encumbering the Real Property herein above -described hereby consents
to the within and foregoing Common Interest Community Declaration and agrees that its Security
Interest is and shall be subject to the terms conditions and provisions thereof as fully, for all intents
and purposes, as though such Declaration had been placed of record prior to the recordation of its
Security Interest.
Beverly Bone
STATE OF
1 ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of 2000,
by Beverly Bone.
Witness my hand and official seal
My commission expires on: Notary Public
C:\Data\Clients\Bone\Common Int Dec LMO.wpd
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EXHIBIT "A"
•
MEMORANDUM
To: James Lindt, Planner
From: Ben Ludlow, Project Engineer
Date: April 28, 2000
Re: 106 N. 7th St / 735 W. Bleeker Condom iniumization
The plat is correct and ready to be presented in Mylar form for final review and signing.
VICINITY MAP
REPRODUCED FROM THE CITY OF ASPEN G.I.S. MAP
I INCH - 400 FEET
SCALE
I INCH - 10 FEET
0 5 10 15 20
LEGEND & NOTES
O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED
9 SPIKE OR P-K NAIL SURVEY CONTROL
1959 OFFICIAL MAP OF THE CITY OF ASPEN WAS THE SOURCE
OF RECORD SURVEY INFORMATION
PITKIN COUNTY TITLE, INC. TITLE COMMITMENT PCT-14129
DATED APRIL 5, 1999 WAS THE SOURCE FOR TITLE INFORMATION
ALL EASEMENTS LISTED ARE SHOWN HEREON.
BEARINGS BASED ON THE CITY MONUMENTS ON THE SOUTH SIDE
OF BLOCK 18 N75'09'11'W 270.10' SE BLOCK COR TO SW BLOCK COR
THE NORTHWE§T BLOCK CORNER'S POSITION WAS DETERMINED
THE
SOUTHWEST BLOCKRC RNERBEARANDING THEINORTTHEASTNTERSECTOBLOCKMCORNER
BOTH BEING CITY MONUMENTS
O SET PROPERTY CORNER NO. 4 REBAR WITH RED CAP-16129' UNLESS NOTED
E} WOOD FENCE ID ELECTRIC SERVICE C. E. COMMON ELEMENT
® GAS SERVICE ❑ UTILITY BOX L. C. E. LIMITED COMMON ELEMENT
ALL UNIT BOUNDARIES ARE VERTICAL SURFACES ONLY.
ZONING IS R-6
UNIT DIVISION LINE ARE ALL AT RIGHT ANGLES TO THE EXTERIOR PROPERTY LINES
EITHER h114'50*49'E OR 575.09'11'E
18' x 8.5' PARKING SPACE TYPICAL
THIS MAP WAS PREPARED PRIOR TO FULL COMPLETION OF UNIT 150 SOUTH SEVENTH
s
F____
SPECIAL LANDSCAPE A
SEE DECLARATION
BEAT OF
106 NORTH 7 t h/ 735 WEST o LEEK R
A COLORADO COMMON INTEREST COMMUNITY
SITUATED ON LOTS A & B, BLOCK 18, CITY & TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO
AREA - 6,002 SQUARE FEET •/-
0.13779 ACRES •/-
ST
,q
7B WIDE
MAILBOX
�., - 5 P
YEL CAP 9184 . f DI A om` SPACE
ACK
S �.O9 I l E
�i RED CAP
018
0. ¢i
/ M SPRUCE TREE
(TYPICAL)
UNIT 735 ? '
FE,57 BLEEKER
S. 6 • � p
1 1/2 STORY /
WOOD FRAME
' 3
• q HOUSE 3S
STREET o
LIGHT _
e
RED CAP
25947
-4LL,67
Y
407- /
C
�3 6 ENTR y 4D(j
2 STORY WOOD FRAME HOUSE 1� �,,
WITH ACCESSORY DWELLING UNIT
h / /
" UNIT 106
p NORTH SEVEATH GARAGE ry /•��'
I PARKING
SPACE / % ACCASEMENT
FOREASDEU. UNIT 106
3' BY 13'
COTTONWOOD
NON-EXC USIV- TREE
CESS EASEMENT
T GROUND LEVE
N 75.Og II / OR UNIT 735 ; C E TRASH
W STORAGE
60. 02 AREA
. q . FOR BOTH
GAS UNITS
METERS
O
SEWER
MANHOLE
aD Si WI O�s 1
Df
UNIT 735 AREA - 3,002 SO.FT.•7-
UNIT 106 AREA - 2,968 SO.FT.•/-
COMMON ELEMENT - 32 SO.FT.•/-
TOTAL AREA - 6,002 SO.FT.•7-
ACCORDINO TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU
FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
RED CAF
25947'
NO CAP
RED CAP
9018'
SHEET I OF I
,")WN R' S CE R T I F I CATE
KNOW ALL MEN BY THESE PRESENTS THAT RANDALL_ G. BONE BEING THE RECORD OWNER OF
0c LO''S A AND 8, BLOCK 73, CIFY AND TOWNSITE OF ASPEN PITKIN COUNTY,
COLORADO HAS BY THESE PRESENTS SOBDiVIDED SA;D PROPERTY AND
THE IMPROVEMENTS 'THEREON INTO UNITS '735 WEST BLEEKER' AND '106 NORTH SEVENTH-,
106 NORTH 7th;735 WEST SLEEKER, A COLORADO COMMON INTEREST COMMUNITY
PURSUANT 70 IkF.. PURPOSES STATED IN THE DECLARATION FOR THE 06 NORTH 7th/
735 WEST BLFEKFII RECORDED 2000 AS RECEPTION N0._
EX?CUIED THIS _ DAY OF —,, 2000
RANDALL G. 8UNE
STATE 01 COLORADO
)ca
COUNT" Or P"`CIN )
TF:E =CRE301NG OWNER'S CERTIFICATE: WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
—_. __ _- 7000, BY RANDALL G. BONE AS OWNER.
WITNESS MY HAND AND OFFICIAL SEAL
M` COMMISSION EXPIRES:
NOTARY PUBLIC
MOR":'WGEI:= ' S CERTIFICATE
KNOW ALL. MEN BY THESE PRESENTS THAT BEVERLY BONE AND NORTHWEST MORTGAGE INC. ARE
THE MOR76AGLF.S OF THE HEREIN DESCRIBED REAL PROPERTY AS EVIDENCED BY THESE DEEDS OF
TRUST RLCORDE) AS RECEPTION NO. AND RECEPTION NO- OF THE REAL
ESTATE RECORDS OF PITKIN COUNTY, COLORADO HEREBY CONSENTS TO THE RECORDING OF THIS PLAT.
EXECCTUEU Ili : S _- _ DAY OF 2000. EXECUTED THIS , DAY OF 2000.
.—.. ,l T I TLE i _
NORTWFS' MORTGAGE, INC.IBEVERLY BONE
STAI c Or COLORA )O )
COUNTY OF P"KIN Ica
THE=ORE301NG MORTGAG=E'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF
9000, BY AS _ OF NORTWEST MORTGAGE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION tXPIRFS:
STALE 0
COUNTY OF _-. _j-s
THE FORE30INC MORTGAG;iE'3 CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
—._ __ _ 2000, BY BEVERLY BONE AS MORTGAGEE.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
TI_= CERI'IFICATE
THE: UND!RSIGNEO, A .)U!.Y AUT40RIZED REPRESENTATIVE OF PITKIN COUNTY TITLE INC., A TITLE
COMPANY REGULARLY DOING 3USINESS IN PITKIN COUNTY COLORADO DOES HEREBY 6ERTIFY THAT
THE PERSON LISTED AS OWNER ON THIS PLAT HOLDS FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED RIAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT
THOSE LISTS.!) ON THE MORtGAGEE'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED
ON rAIS PLAT AR TRJE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT
OF ;ITLF NOR AN OPINION Of: TITLE, NOR A GUARANTEE OF TITLE, AND ITIS UNDERSTOOD
AND AGREILD THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED
WI- -!ANY FINANCIAL_ OB'._IGATION OR L!ABIL'TY WHATSOEVER ON ANY STATEMENT
CONIAINFD IitREIV.
__DATED:_._____ 2000.
VINCENT J. H.IGEXS. PR SIDENT
PITKIN COUNTY TITLE, INC.
600 E. HOPKINS AVE.
ASPEN, COLORADO 81611
STATE O; COi ORADO)
COUNTY OF P'KT'N jas
THE =OREGOING 7;TLE CERTIF;CATE WAS ACKNOWLEDGED BEFORE ME THIS _
DAY OF 2000 BY VINCENT J. HIGENS
AS PRES'DEN OF PITKIN COUNTY TITLE, INC.
Wl.' ESS MY "AND AND OFFICIA'_ SEAL.
MY COMM.SSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I )AVID W. MCB.IIDE, HEREBY CERTIFY THAT IN JULY 13, 1998 AND OCT 5 1999 A SURVEY
WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCf�IBED PROPERTY.
THE. LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, AND EASEMENTS SHOWN ON THE PITKIN
COU.,m 11TLF COMMITMENT PCT-14129 DATED APRIL 5 1999 ARE. ACCURATELY SHOWN ON
THIS PLAT AND FHAT THE PLAT ACCURATELY AND SUBStANTIALLY DEPICTS THE LOCATION
OF I`iE BUILDINGS AN) 'NDIVIDUAL UNITS AND UNIT DESIGNATIONS THEREOF.
THE CON.ROI, SURVEY PRECISION IS GREATER THAN I:10,000 WITH AN ACCURACY TO 0.001
OF AN ACRE AND 'HAT T'-IE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38,
ARTICLE 51 AS AMENDED FROM TIME TO TIME.
S I GNSD 'H 1 S __ _ DA( DF ____ 2000.
DAVI) W. McBRID; RLS fi129
ASP-N SURVEY ENGINEERS, INC.
210 S. GALENA SF.
ASP N, CO. 81811
CITY ENCINEER'S APPROVAL
THIS PLAT WAS IC:VIEWED AND APPROVED BY THE CITY ENGINEER OF THE
CIT) OF ASPI-N, THIS _. DAY OF _ 2000.
CITY EN61NEIR, NICK ADEH
C0Vw1UNITY DEVELOPMENT APPROVAL
THIS PLAT WAS R!:VIFWED AND APPROVED BY THE: COMMUNITY DEVELOPMENT DIRECTOR OF THE
CITY OF ASPIN PLANNING DEPARTMENT ON THIS __ DAY OF 2000.
DIRECTOR, JJLI1 ANN WOdDS
C..ER'' AND RECORDER'S ACCEPTANCE
ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
COLORADO AT _ O'CLOCK _ Y . ON THIS __ DAY OF 2000 IN PLAT
800:< AT PAGE __._-_— AS RECEPTION NUMBER
CLERK AND RICOR)ER, SiLV;A JAVIS —
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA STREET
ASPEN, COLO. 81611
PHONE/FAX (970) 925-3816
job no. 20065 OCT. 20, 1999
REVISED MARCH 20. 2000