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Home My WebLink AboutCondo DeclarationsJanice K. Vos Caudill Pitkin County Cleric and Recorder 534 East Hyman Avenue Aspen, CO 81611 (970)429-2716 Number of Documents Recorded: 2 (1t1I{IN Transaction Receipt (lY Print Date: 09/17/2019 11:44:36 AM CuUNT'� Transaction #630076 Transaction Type: Recording Receipt #2019004649 Cashier: Chrissy Carson Cashier Date: 09/17/2019 11:44:12 AM Reception#658769 -PLAT - I pg(s) Recording Surcharge: $3.00 Book 125 / Page 099 Recording Fee: Plats: $10.00 $13.00 Reception#658770 - CONDOMINIUM Recording Surcharge: $3.00 DECLARATION - 5pg(s) Recording Fee: $30.00 $33.00 Total Fees Received: Check #6811 Change Presented by: SCOTT HARPER 206 CODY LANE SUITE C BASALT, CO 81621 $46.00 $46.00 $0.00 AMENDMENT TO DECLARATION :FOR THE HOMES AT SNYDER PARK I THIS AMENDMENT TO DECLARATION FOJt THE HOMES AT SNYDER PARK (this "Amendment") is made as of September, 2019 by APK 26 Smuggler LLC, a Colorado limited liability company ("APK"), and Pagewood, LLC, a Colorado limited liability company ("Pagewood"). Recitals WHEREAS, Pagewood and APK are the owners of, respectively, Unit 1 and Unit 2, THE HOMES AT SNYDER PARK, according to the Colorado Planned Community Plat thereof recorded August 29, 2017 in Plat Book 120 at Page 015 as Reception No. 640995 (the "Original Snyder Park Plat") and the Declaration of Protective Covenants, Conditions and Restrictions for the Homes at Snyder Park recorded September 1, 2017 as Reception No. 641158 (the "Snyder Park Declaration"). Such Unit 1 and Unit 2 are referred to herein sometimes as the "Units"; and WHEREAS, pursuant to Section 15 of the Snyder Park Declaration, APK and Pagewood, as the owners of both of the Units and with there being no recorded first mortgage or deed of trust encumbering either of the Units, have the authority to amend the Snyder Park Declaration; and WHEREAS, pursuant to the Colorado Common Interest Ownership Act ("CCIOA','), C.R.S. §§ 38-33.3-103(13), 209 and 217, the Original Snyder Park Plat is considered part of the Snyder Park Declaration and may be amended in the same manner as the Snyder Park Declaration; and WHEREAS, the Snyder Park Declaration and the Original Snyder Park Plat established the Units and associated common elements under CCIOA as a planned community form of common interest community known as "The Homes at Snyder Park"; and WHEREAS, APK and Pagewood have obtained approval from the City of Aspen to amend, supersede and replace the Original Snyder Park Plat with that certain Colorado Condominium Plat of The Homes at Snyder Park that is being recorded on the same day as, and in conjunction with, this Amendment (the "New Snyder Park Plat"); and WHEREAS, APK and Pagewood desire, by this Amendment and the New Snyder Park Plat, to amend the Snyder Park Declaration and the Snyder Park Plat for the purpose of converting The Homes at Snyder Park into a condominium form of common interest community under CCIOA. IIIIIII IIIIIIIIIIIIIIIIIIIIIHII IIIIIIIII IIIIIIIIIIIIIIII IIlil�llllll RECEPTIONM 668770, R: $33.00, D: $0.00 (A014661413) i DOC CODE: CONDO DECLAR Pg 1 of 6, 09/17/2019 at 11:44:13 AM Janice K. Vos Caudill, Pitkin County, CO RECEPTIONM 658770, 09/17/2019 at 11:44:13 AM, Pgs 2 of 5, Janice K. Vos Caudill, Pitkin County, CO Agreement NOW, THEREFORE, for good, and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, APK and Pagewood hereby agree and declare as follows: 1. Declaration Amendments. The Snyder Park Declaration is hereby amended as follows, with it being the intent that all terms and provisions of the Snyder Park Declaration that refer to or describe The Homes at Snyder Park as being a "planned community" shall be amended to provide that The Homes at Snyder Park is a condominium form of common interest community pursuant to CCIOA: a. The title and name of the Snyder Park Declaration is amended to read: "CONDOMINIUM DECLARATION FOR THE HOMES AT SNYDER PARK". b. The term "Planned Community" as it is used throughout the Snyder Park Declaration to refer to The Homes at Snyder Park is amended to read "Condominium" in every place that it appears. C. All references to the Original Snyder Park Plat in the Snyder Park Declaration are amended to refer to the New Snyder Park Plat; and the term "Planned Community Plat' as it is used throughout the Snyder Park Declaration is amended to read "Condominium Plat' in every place that it appears. The Original Snyder Park Plat is amended, superseded and replaced in its entirety by the New Snyder Park Plat. d. The boundary line between the Units is shown and depicted on the New Snyder Park Plat as the "Unit Dividing Line". The vertical boundaries of the Units are comprised of the Unit Dividing Line and the perimeter lot lines of Lot 2 of the Jukati Subdivision. The Units do not have any horizontal boundaries, and each Unit includes all subsurface land and air space within the vertical boundaries of the Unit (i.e., on its side of the Unit Dividing Line) as described above and as depicted on the New Snyder Park Plat. Subject to the terms of the Snyder Park Declaration concerning the Common Elements, (a) Unit I includes all of the subject property to the east of the Unit Dividing Line and all improvements (including, without limitation, the residence) thereon, and (b) Unit 2 includes all of the subject property to the west of the Unit Dividing Line and all improvements (including, without limitation, the residence) thereon. e. From and after the recording of this Amendment and the New Snyder Park Plat, every deed, lease, mortgage, deed of trust, will or other instrument may legally describe a Unit by its identifying number, followed by "The Homes at Snyder Park" with further references to the Snyder Park Declaration, as amended by this Amendment, and the New Snyder Park Plat. For example: Unit 1, THE THE HOMES AT SNYDER PARK, SeP��64- t:Fl ull according to the Condominium Plat thereof recorded [insert recording date hereof] in [insert correct plat book and page nos.] as Reception No. TL r T5601L lit I TAN-ol-IT,; I I 6SS-4GI 1A0146614 / 3 } 2 RECEPTIONM 658770, 09/17/2019 at 11:44:13 AM, Pgs 3 of 5, Janice K. Vos Caudill, Pitkin County, CO [insert correct no.] and the Declaration recorded September 1, 2017 as Reception No. 641158, as amended pursuant to the Amendment to Declaration for The Homes at Snyder Park recorded [insert recording date hereof] as Reception No. [insert correct no. ]. County of Pitkin, State of Colorado f. Any and all other uses of the term "planned community" in the Snyder Park Declaration are amended to replace the term "planned community" with the term "condominium". 2. Effect. Nothing in this Amendment or the New Snyder Park Plat is intended to or shall affect in any manner the validity of any prior deed, mortgage, deed of trust or other instrument granted or accepted to convey or encumber title to either Unit pursuant to the Snyder Park Declaration and Original Snyder Park Plat, and all such instruments shall remain valid and in full force and effect for all purposes. Except as expressly provided in this Amendment, the Snyder Park Declaration remains un- amended and in full force and effect. 3. Counterparts. This Amendment may be executed by the parties in multiple counterparts, the signature pages of which may be collated to form one fully executed version of this Agreement for the purpose of recording this Agreement in the real property records of Pitkin County, Colorado. IN WITNESS WHEREOF, APK and Pagewood have executed this Amendment to be effective as of the day and year first above written. [remainder of page intentionally blank] 1A0146614 13 1 RECEPTION#: 658770, 09/17/2019 at 11:44:13 AM, Pgs 4 of 5, Janice K. Vos Caudill, Pitkin County, CO APK: APK 26 Smuggler LLC, a Colorado limited liability company ------ By' — -- Name:��c�aecc2=�72'� Title, (FFu±i-,� STATE OF CLjPMdb ) ss. COUNTY OF �Il{ IGtY1 ) The foregoing instrument was acknowledged before me this I (o day of s2 IO'K , 2019 by Sarah 00R5 , as liuM8QrluL k ftni 6F hNor�yof APk 26 Smuggler LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 07M/z0?3 MADELINE SIROIN NOTARY PUBLIC Notary Pub SlK TATE OF COLORADO NOTARY ID #20194027835 My Cpmmission E fires Jul 24, 2023 [remainder of page intentionally blank] {A0146614 13 1 4 RECEPTION#: 658770, 09/17/2019 at 11:44:13 AM, Pgs 5 of 5, Janice K. Vos Caudill, Pitkin County, CO Pagewood: Pagewood, LLC, a Colorado limited liability company By: _ Name: STATE OF Coy ss. COUNTY OF ) The foregoing instrument was ackjiowlefted before me th's day of >�_, 2019 by S., _ as of Pagewood, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: i Vo ry ub is MARIAVERONICAVARGAS Notary Pu6llc- Slate of Colorado [end of document) Notary In 20014021313 tdy Commission Expires Jan 21.2022 (A0146614 / 3 )