HomeMy WebLinkAboutAmended Condo DeclarationsFIRST AMENDMENT TO DECLARATION AND MAP
OF
BELL MOUNTAIN QUALIFIED RESIDENCES
THIS FIRST AMENDMENT TO DECLARATION AND MAP OF BELL MOUNTAIN
QUALIFIED RESIDENCES is made effective as of this _L_ day of -A J G Y ,
2019, by BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION,
LLC, a Colorado limited liability company ("the Association") .
This amendment is based on the following facts:
A. The Association is the owner of Unit A and Unit B and General
Common Elements of Bell Mountain Qualified Residences, a Colorado Common
Interest Community (the "Community"), according to the Plat thereof recorded
September 27, 2000 in Plat Book 54 at Page 60 as Reception No. 447427 (the
"Plat") and as defined and described in the Condominium Declaration for Bell
Mountain Qualified Residences recorded October 19, 2000 as Reception No.
448077 (the "Declaration").
C. Unit A and Unit B contain five one -bedroom employee dwelling
units. The Association desires to partition one of the three (3) one -bedroom
employee dwelling units contained within Unit A and remove it from the
Community. The employee dwelling unit will be re-created as a separate air
space unit within Bell Mountain Residences.
D. The Association desires to amend the Declaration and Plat
contemporaneously as provided in Article 11, Section 11.3 of the Declaration to
achieve the foregoing purposes, and to reallocate the voting rights and allocation
of interests between the units accordingly.
THEREFORE, the Association hereby amends the Declaration as
follows:
1. Amendment of Article II, Section 2.1. Article II, Section 2.1(a) is
hereby deleted and replaced with the following:
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RECEPTIONM 667479, R: $28.00, D: $0.00 /
DOC CODE: AMEND DEC
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Janice K. Vos Caudill, Pitkin County, CO
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"a. The undivided interest in the Common Elements,
and the Common Expenses liability and the number of votes
allocated to each Condominium Unit are calculated on the basis of
a fraction relative to the size of each Condominium Unit. For
Condominium Unit A, such fraction shall equal 1/2; for
Condominium Unit B, such fraction shall equal 1/2. Such fraction
shall be multiplied by the Common Expenses or the Assessment in
question to determine that Condominium Unit's share thereof. The
Common Expenses liability of a Condominium Unit is determined
without reference to the size, location, value or use of the
Condominium Unit.
Votes in the Association are allocated to each
Condominium Unit in the Residential Community as follows:
Condominium Unit A..........2
Condominium Unit B.......... 2."
The Allocated Interests for the Residential Community are
specifically set forth on Exhibit A attached hereto and made part
hereof by this reference."
2. Amendment of Article II, Section 2.4. Article II, Section 2.15 is
hereby deleted and replaced with the following:
"Section 2.4 Association. "Association means the Bell Mountain
Qualified Residences Condominium Association, LLC, a Colorado limited
liability company, its successors and assigns."
3. Amendment of Article II, Section 2.15. Article II, Section 2.15 is
hereby deleted and replaced with the following:
"Section 2.15. Man. "Map" means the Condominium Map of Bell
Mountain Qualified Residences Condominiums, as recorded on September 27,
2000 in Plat Book No. 54 at Pages 60 et seq. under Reception No. 447427 and the
First Amended Condominium Map of Bell Mountain Qualified Residences
Condominiums, as recorded on '1 /a5 , 2019 in Plat Book No.125 at Page 73
under Reception No.657 ` 7 k in the Office of the Clerk and Recorder of Pitkin
County, Colorado, as said Map may be amended from time to time."
3. Amendment of Article 3, Section 3.3. The legal description
contained in the first sentence of Section 3.3 is hereby deleted and replaced with
the following:
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"Condominium Unit , Bell Mountain Qualified Residences, according
to the Condominium Map recorded in Plat Book 54 at Pages 60 et seq. under
Reception No. 447427 and the First Amended Condominium Map recorded in
Plat Book No. 11-6 at Page73 under Reception No. �67y -7 9 , and the Declaration
for Bell Mountain Qualified Residences Condominiums recorded at Reception
No. 448077 and the First Amended Declaration for Bell Mountain Qualified
Residences Condominiums recorded at Reception No. (05 7Lr77, all in the Office
of the Clerk and Recorder of Pitkin County, Colorado."
4. Amendment of Exhibit A. Exhibit A is deleted in its entirety and
replaced with the following:
"Exhibit A
Allocated Interests
Each Condominium Unit Owner's percentage of undivided interests in the
Common Elements and the Common Expense liability and votes in the
Association allocated to each Condominium Unit shall be as follows:
Condominium Percentage of
Unit No. Undivided Interests
in Common Elements
A
50%
B
50%
Totals
100%
Percentage Share Votes in
of Common Association
Expenses
50%
2
50%
2
100%
4"
5. No Other Modifications. Except as modified herein, the
Declaration shall remain in full force and effect with no further modification.
[Signature and Acknowledgement Pages Follow]
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ACKNOWLEDGEMENT AND SIGNATURE
PAGE TO
FIRST AMENDMENT TO DECLARATION AND MAP
FOR
BELL MOUNTAIN QUALIFIED RESIDENCES
IN WITNESS WHEREOF, the undersigned Manager of the Association has set
his hands as of the day first set forth above.
BELL MOUNTAIN QUALIFIED RESIDENCES CONDOMINIUM ASSOCIATION, LLC,
a Colorado limited liability company
By: ctx
ames alerio, Manager
STA OLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this IS�`day of
019 by James Valerio as Manager of Bell Mountain Qualified Residences
hi CCo&minium Association, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: /p / 62 % 1 aoa
Notary ublic
STEPHANIE STACH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20094034010
MY COMMISSION EXPIRES 10/21/2021
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