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Home My WebLink AboutLanduse Case.CO.113 Neale Ave.A86-97�ercnn utt-- ' uee— C C�] ��,, lcv�l ��'� Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MROI I Use Tax 10000-67100-383 Park Dedication 15000-63050-180 AH Commercial 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit _ -63805-034 Flat Fee -63820-037 Zoning _ -63825-038 ' Board of Adjustment _ Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other Name: Address: 5b OCIO-w--lKheir" Phone: 0 i Total_ co _ LOI-19D POW, Date: _IJI;�5Check: _ — �/ Case No: No. of Copies �1F'17-6"h;_ c i �'_' %J': • 1'Jrrl � � r-i. ��s�� ... .. , _ _ _.. _ _ . y` I }I Ii MlEMORA TO: Julie Ann `}Woods. Commurity De I i ii FROM. Christop" Bendem, Planner rl Post -it' max to 7671 4! r ios -rqj0% I FMORt O C f (,jtl/1 CeAePL d' y O Phone �1 Mra R C2, -5V fo 7 RE: 11erron T#k Place Condomi.miumiaation l 13 NealE ;Avenue i DATE: Ap�ri13,P? John Kelly of Oates, KneWvicb., & GardenswarM P.C., representing Weisman E4erprises, owner, has applied fbr a �uhdivision exemption for the condominituuimniuu of a duplex residenr ' located at 113 Neale Avahe. I i have referred thisiapp aiion to the City Engineer and the applicant has responded to lira' suggested modifc*ions the draft plat. There exists a landscaping light in the City easement and or. the river side of tlile development, This is m improvement dM was not considered during the ori&zl Stream Mar&jReview and the subsequent Stream Margin Exemption and bat no approval from the 0ty. applicant has agreed that the City has the right to regaest the light be removed by the lard O%M�e at such time as formally requested by the City wd thay. this plat does not represent approval of;e improvement - it There arena other propo�c� improvernen:s to the site. it is a permitted use iA the R� .15 Zone District, and there are no *a land use issues involved - The Community Develop�ent Director may approve subdivision 9%=Ptions 'PUM oat to Section 26.88.0'70_ C am re%ammerlding approval of this coMlominiumimtiory contingent 4pon final reowdation, and recognitI011 of the applicant's acceptance, below. I APPROVED, coutiajent uptt to recordation of the plat: 1 � date: i Julie Ann Woods,.CommunityDevelapmn utDirector y I ' ACCErr NCE: +f 1, as a petsbn berg or tepresentina the applicant, do hereby agree that theiiandscape light located in toe City t;f Aspen Easement, depicted on this plat and describe in Book 296, page 307, w be I oved in a timely fashion at the sole cost of the lard owner upon the formal request by the City of.Aspeu and that the recordiag of this plat dock not represent approva] � the im1}ravement. date_ John Kelly, Cates Kenexevich & Gardensprart:z, P.C• Repregentina U+eismgn Enterprises, owns¢. - TOTAL P.®1 APR 21 ' 99 04: 18PPI v, H, K&G P.1 OATES, KINEZE•VXCH & GARMNSWARTZ PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAsT HOPKINS AVENUE ASPEN, COLORADO 81611 (970) 920-' 700 Telephcne (970) 92C-1121 Telefox FACSI ILE TRANSMITTAL to: from: fax #: re: date: pages_ note: message- / 1,157 including cover sheet If you have trouble receiving this fax. please call as soon as possible'. If Office hours are 9:00 a.m. i2:0C p.m. and 1:00 p.m to 9:00 p.m. or, please leave a message in general delivery on our voice mail system THIS MFSSACE MAY CONTAIN INFORMATION THAT IS PRIYILBOW, CONFIDSITIAL AND EXEMPT' FROM DISCLOSURE UNDER APPLICASLB LAW AND IS INTEND131) ONLY FOR TIM USE OFTHE INDIVIDUAL OR WnITY TO WHICH IT 13 ADDRESSED. IF YOU AM NOT'TITE 1NT N DE.o RACIFUNT, BMPL.OYSB OR AOM%'T RFSPONSMB FOR DELIVERING 71M TRANSMISSION TO TX6 ADDRESSES, YOU ARE HMMY NOTIFLSD _ THAT ANY DISSEMWATLON, CIMTBUTION OR COPYING OF THLS CONAiL=ATION IS SrRICPLY PROHIBU . 7 YOU HAVE RECRIVE7 THIS COMNIUMCATTON IN ERROR, PLEASE NOTIFY US IMIv1EDIAMLY BY TEUPHONE. AND RETURN'iM ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIATHE.U.S FOSTAL SERVICE. THANK YOU. CADuo1PORM=FFICE%BUnk Fox Cpvempd APR 21 ' S9 04: 18F;V1 0, H, K&u • P.2 AGREEMENT REGARDING LAN-DSCAPL 1G LIGHT TWS AGREEMENT is made and entered into this day of April, 1999, by and between WEISMAN FAMILY LIMITED PARTNERSHIP, a Minnesota Limited Partnership ("Weisman") and THE CITY OF ASPEN DEPARTMENT OF COhIMUNITY DEVELOPMENT (the "City"). A. Weisman has applied for a Condominiumization of a duplex residence listed at 113 Neale Avenue, Aspen, Colorado. B, There exists a Landscaping Light located in the City of Aspen Easement which was not considered nor a part of the prior Stream Margin Exemption, and is not approved by the City. C. Weisman and the City have made an agreement regarding the existence of such Landscaping Light. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Weisman and the City agree that the Landscaping Light may remain in place in the City of Aspen Easement (as recorded in Book 296 at Page 307 of the records of Pitkin County, Colorado), and as shown on the Condominium Map for the Herron Park Place Condominium, until such time as the City, in its sole discretion, determines that it should be removed. Nothing herein shall be interpreted as approval by the City of such Landscaping Light. 2: Weisman agrees that it shall, upon thirty (30) days written notice by the City, remove the Landscaping Light and restore the area around the light to its prior condition. The foregoing notwithstanding, it is agreed that any such removal shall be done in the warm weather months (April - September). In the event Weisman does not remove the Landscaping Light as required hereunder, the City shall have the right to do so at Weisman's expense, including any and all costs and reasonable attorneys' fees incurred therein. u4 - i jHrj l), H, K&G • • P.3 IN WY'INESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. WEtsMArN FALY LIMITED PARTr MRIP, a Minnesota Limited Parmership By: John T. Kelly, im Attorney TH$ CITY OF ASPEN DEPARTMENT OF CoMMUNTrY DEVELOPiM1 &Vr By: Julie Ann Woods, Director STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me on the day of April, 1999, by John T. Kelly, as attorney for the WEISMANFAMMY LwrmD PARTNERSHIP, a Minnesota Limited Partnership. [Seal] WITNESS MY NAND AND OFFICIAL SEAL. My commission expires: Page 2 Notary Public HHK cl . :;':j U4; ItAll V, HP K&G H.4 STATE OF COLORADO ss. COUNTY OF PTTKIN The foregoing instrument was acknowledged before me on the day of April, 1999, by Julie Ann 'Woods, as Director of THE CrrY op ASPEN DEPAR` mrwr of Comm= DEvELOPMENT. [Seal] WITNESS MY BAND AND OFFICIAL SEAL. My commission expires: Page 3 Notary Public - Chuck Roth, 02:17 PM 4/16/99 , Herron Park Place Condo Plat X-Sender: chuckr@comdev Date: Fri, 16 Apr 1999 14:17:58 -0600 To: joyceo@ci.aspen.co.us From: Chuck Roth <chuckr@ci.aspen.co.us> Subject: Herron Park Place Condo Plat Cc: kathys@ci.aspen.co.us I got your voice mail message. I took the mylars to Kathy for recording. I did not remember that it was you who has the agreement about the light. She will need $21 recording fee from John Kelly for the mylars and recording fees for the agreement too. Printed for Joyce Ohlson <ci.aspen.co.us> 1 MAR-03-1997 19:39 FROM ASPEN/PITKIN COM DEU TO 99201121 P.02 CITY OF ASPEN PRE -APPLICATION CONFERENCE SLi 1 IARY PLANNER: Julic Ann Woods DATE:,,2/25/97 PROJECT: 113 NeatAve. REPRESENTATIVE: Rich Orman Phone/Fax: 920-1700 OWNER: Family Trust TYPE OF APPLICATION: Condominiumization DESCRIPTION OF PROJECT/DEVELOPMENT: Existing duplex with an ADU. Intend to create two condominiums, with the ADU attached to one of the units. Will need to see both the condominium plat and the Declaration of covenants. Requested 3 copies of plans and 1 copy of Declaration. Land Use Code Section Section 26.88.070 CondominiumiLation Review by: Community Development Director Public Hearing: No Referral Agencies: Engineering, Parks, Attorney Planning Deposit: $245 Referral Agency Fees: $110 (Engineering) TOTAL DEPOSIT: $ 355.00 (additional hour are billed at a rate of $180/hour) To apply, submit the following information (items checked): Proof of ownership Signed fee agreement Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. Total deposit for review of the application 1 copies of the complete application packet and maps. (see above--3 plats, 1 declaration) Summary letter explaining the request (existinb conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. An 8 I/2" by 1 I" vicinity map locating the parcel within th_ City of Armen. til Site improvement survey, including all easements, parking (Condominium plat) Site plan, including landscaping Floor plans and elevations List of adjacent property owners within 300'. Site photos Copies of prior approvals ATTACHMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for land use applications is available at the Community Development Department. 01* **CERTIFICATE OF OWNERSH Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that WEISMAN FAMILY LIMITED PARTNERSHIP, A MINNESOTA LIMITED PARTNERSHIP is the owner in fee simple of the following described property: AS SET FORTH IN GENERAL WARRANTY DEED RECORDED DECEMBER 1, 1995 IN BOOK 801 AT PAGE 237 ATTACHED HERETO. COUNTY OF PITKIN, STATE OF COLORADO. ENCUMBRANCES: DEED OF TRUST FROM: WEISMAN FAMILY LIMITED PARTNERSHIP, A MINNESOTA LIMITED PARTNERSHIP TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN FOR THE USE OF WILLIAM E. WEISMAN TO SECURE 2,500,000.00 DATED JUNE 30, 1995 RECORDED JANUARY 1, 1996 RECEPTION NO. 388761 Subject to easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKU2V INC. BY: authori d ignature CERTIFIED TO. FEBRUARY 14, 1997 @ 8:30 A.M. GENERAL WARRANTY DEED t:o zwz a =:1� Best Vendors Co., a Minnesota corporation, as a contribution to capital in exchange for (n a partnership interests, hereby transfers and conveys to Weisman Family Limited Partnership, a 0 Lu Minnesota limited partnership, whose address is c/o Weisman Enterprises, Inc., 2626 W. Lake Street, Minneapolis, MN 55416, real property in the County of Pitkin, State of Colorado, to wit: U15 T o A tract of land in Section 7, Township 10 South, Range 84 West of the 6th Principal t Meridian being a part of the East Aspen Addition Townsite more particularly described as follows: Beginning at a point being 353.76 feet South 08°41'20" East from Corner 26, East Aspen Townsite, a 1954 Bureau of Land Management Brass Cap, and 416.60 feet North 17°54'30" West from the South Quarter Corner of Section 7, Township 10 South, Range 84 West of 6th Principal Meridian (1954 Brass Cap) on the Westerly line of property described in Book 199 at Page 359, of the Pitkin County Records; thence North 53 ° 14' West 152.29 feet; thence South 55 °37' west 105.42 feet to the East boundary of Herron Park; thence along the Easterly boundary of Herron Park on the following three (3) courses: South 62°20' East 101.07 feet; thence South 13°37'30" West 128.28 feet; thence South 44°27' East 24.23 feet to the Northwesterly right of way line of Neal Avenue; thence North 40°14'45" East 205.82 feet along the Northwesterly right of way line of xw Neal Avenue to the Point of Beginning; ta! with all appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: General -es for the year 1995 not yet due or payable; right of way for ditches or canals constructed by 0 r. Pre authority of the United States as reserved in Patent recorded in Book 185 at Page 69; easement H k U I1 and right of way for recreational as set forth in Deed recorded February 18, 1975 in Book 296 ►-� z 4F at Page 307; terms, conditions, provisions and obligations as set forth in Sidewalk, Curb and v ',Gutter Improvement Agreement recorded May 19, 1994 in Book 750 at Page 960; terms, wp, conditions, provisions and obligations as set forth in Accessory Dwelling Deed Restriction recorded May 23, 1994 in Book 751 at Page 257; and terms, conditions, provisions and obligations as set forth in Temporary Easement Agreement recorded June 5, 1995 in Book 782 at Page 661. Dated as of June 30, 1995 BEST VENDORS CO., a Minnesota corporation By • Rjert S. Soskin Its Chief Operating Officer 387857 F�--£]0l. I.._-� 7 1.. Ot.].., ... 00 t�l..t. �.. i �� 7: f'. I f ! C fa �_.I N T 1, C; L.. F� h. n RE �. c_.1 R I:i t_. R STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) he foregoing General Warranty Deed was acknowledged before me this Z/**'— day of Y , 1995, by Robert S. Soskin, the Chief Operating Officer of Best Vendors Co., a Minnesota corporation, for and on behalf of said or .JOSEPH C. NAUMAN Notary Public NOTARY f'U9LIC - MINAIESOTA ANOKA COUNES ■ 1iy Comm Explr.a Jan. 31, 2ppp 40364\2\warranty 38 713 57 — 80 iis :+9P — c:�17 2 • • LEONARD M. OATES RICHARD A. KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY OF COUNSEL: JOHN THOMAS KELLY LAW OFFICES OF OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE RECEIVED ASPEN. COLORADO e1611 November 25, 1997 Ms. Julie Ann Woods NOV 2 5 1997 Department of Communityy +fllpNi�t�Et�r 130 S. Galena St. CO3At �'N Aspen, CO 81611 TELEPHONE (970) 920-1700 FACSIMILE(970) 920-1121 e-mail ohkgOrof.net Re: Condominiumization of Existing Duplex Herron Park Place Condominiums Dear Ms. Woods, Enclosed herewith please find the following: 1. Pre -application Conference Summary 2. Proof of Ownership 3. Letter signed by Applicant (w/name, address, phone #, name of representative w/address, phone # and property description) 4. Recorded Accessory Dwelling Unit Restriction 5. Signed Fee Agreement 6. Condominium Declaration (3 copies) 7. Applicant's check for $355.00 8. Condominium Map (3 copies) As you are aware from the Pre -application process, this is an application on behalf of our client, the Weisman Family Limited Partnership, for the condominiumization of an existing duplex located at 113 Neale Street, Aspen, Colorado, 81611. I believe that the above -referenced disclo- sures address all of the requirements of Sections 26.88.070 and 26.52.030 of the Code. Please feel free to contact me with any questions or comments you may have. Thank you for your kind cooperation in this matter. Very truly yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. By: -�� I, vnet��a �Q Richard A. Knezevicl. - RAK/elh Enclosures W:1JTK\Weisman\wo0ds 10271tr.wpd November 6, 1997 City of Aspen Department of Community Development 130 South Galena Aspen, CO 81611 Attn: Julie Ann Woods RE. Condominiumization of Existing Duplex with ADU at 113 Neal Street, Aspen Ladies & Gentlemen: The undersigned hereby authorizes the law firm of Oates, Knezevich & Gardenswartz, P.C., 533 East Hopkins Ave., 3`d Floor, Aspen, Colorado, 81611 (Ph (970) 920-1700; Fax (970) 920-1121) to represent the undersigned in the application for condominiumization of an existing duplex located at 113 NeaEStreet; Aspen, Colorado, 81611, and more fully described on Exhibit "A" attached hereto. Very Truly Yours, WEISMAN FAMILY LIMITED PARTNERSHIP A Minnesota L' ited Partnership By: William E. Weisman, General Partner c/o Weisman Enterprises 2626 West Lake Street Minneapolis, MN 55416 (612)928-1111 RAK/elh Attachment W: JMWeismaMcity 1027 Itr.wpd EXHIBIT A A tract of land in Section 7, Township 10 South, Range 84 West of the 6' Principal Meridian being a part of the East Aspen Addition Townsite more particularly described as follows: Beginning at a point being 353.76 feet South 08°41'20" East from Comer 26, East Aspen Townsite, a 1954 Bureau of Land Management Brass Cap, and 416.60 feet North 17°54'30" West from the South Quarter Corner of Section 7, Township 10 South, Range 84 West of 6' Principal Meridian (1954 Brass Cap) on the Westerly line of property described in Book 199 at Page 359, of the Pitkin County Records; thence North 53°14' West 152.29 feet; thence South 55°37' west 105.42 feet to the East boundary of Herron Park; thence along the Easterly boundary of Herron Park on the following three (3) courses: South 62°20' East 101.07 feet; thence South 13°37'30" West 128.28 feet; thence South 44°27' East 24.23 feet to the Northwesterly right of way line of Neal Avenue; thence North 40° 14'45" East 205.82 feet along the Northwesterly right of way line of Neal Avenue to the Point of Beginning; COUNTY OF PITKIN, STATE OF COLORADO. \\Raks\data\CLIENTS\Weisman, William\Enhibit A legal descriptionmpd 3f'03L �I29 B- ( J7C1 ^F'-LJ f « (15/23/94 11:05A PG 1 OF 4 REC S I LV I A DAVIS P I T F,: I N COUNTY CLERf:: &. RECORDER 20, fJ0 ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION S-Sio OP THE ASPEN CITY LAND USE CODE, AND RESOLUTION NO. 94-2 THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered in:.o this �,2�` day of 1994, by Jeffrey Shoaf and Margaret Paul ("Coventor"ffor�tself, .tts successors and assigns, for the benefit of the City of Asper, Colorado, municipal corporation, and the Aspen/Pitkin County Housing Authority, a multi -jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office ("Authority"). WHEREAS, Coventor owns that parcel of real property located at 113 Neal Avenue, in the City of Aspen, County of Pitkin, Colorado, more specifically described as Exhibit "A" attached to and incorporated herain upon which is situate a duplex, 'with an : attached studio ac��sory dwelling unit on one of the duplex units, and shall be approximately _3�c� net liveable square feet ( Unit'f), and WHEREAS, Coventor agrees to accept and impose certain conditions on its use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained where, the Coventor hereby covenants and agrees as follows: 1.. The Unit as identified hereinabove shall not be condominiumized and, if rented, shall be rented only in accordance wit'.11 the guidelines as adopted and as may be amended from time to time by the Authority governing "resident-occur.)ied" dwelling units. 2. Coventor need not rent the Unit; however, when rented, only qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be fore a period of not less than six (6) consecutive months. Coventor shall maintain the right to select the qualified resident of its own choosing when renting the Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (':o) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall run with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non -complying tenants. DOC W 1 4. It is understood and agreed by the Coventor that no waiver of a breach of any term or condition as contained in this deed restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. IN WITNESS HEREOF, Coventor has placed its dul thorized signature hereto on the date as described above. COVE7Jet (S): By: rey oaf Marg4K#t Pau "ailing Address: P.O. Box 3123 Aspen, CO 81612 STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19#, by Jeffrey Shoaf for himself and for M rqareau.- WITNESS MY hand and official seal. �j My Comriissicn expires: 4, ry Da e _ .�C' l4 _ ry Pu4 is %. LiC •' 3'i 0329 F_258 05/ 3/94 11:05A PG C OF 4 �1 a ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE AS^EN/PITKIN COUNTY HOUSING AUT ORITY E By. David Myler, C airman t Mailing Address: 530 East Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ss. COUNTY OF PITKIN ) 3 was The foregoing instrument ws ackno ledged before me this day of _ 190�4 by David Mvler. WITNESS MY hand and official seal. ; My commission expires: Date r= Notary 1 is 1 . ^ 'o \work\dr\shoaf.adu 370-1219 B_; 51 P•-259 o5/23/94 1 1: o5A PG 3 OF 4 ki 7�2 4& ♦ ' 1 Lawyerspptle jnsuxdiice Corooration NATIONAL HEADQUARTCRS RICHMCND, VIRGIHIA EXHIBIT "A" LF:G,ttL DESCRIPTION 1, Tract o: Land in 5ectiorn 7, township 10 South, R re 84 S;e of the ' 6th Principal 4eridlan being a part o! the East Aspen Addis.:;n Townalte more particularly described as follows: Beginning at a point being 353.76 feet South 08'41120" i;.st _zom Corner 26, East Aspen Townsite, a 1954 Bureau of Land Management 6:acsCap, and 416.60 feet Forth 174054'30" 11cSt frO , the South Quar tc: Corner of Section 7, Township 10 South, F.ange 64 Wc.:t of the Eth Meridian (1954 Brass Cap) on tC,e Wcstr: ly line of property ::cscr abed in Book 195, at Pagc 359, of the Pit::::n County Recordo; thence North 53'14' West 152.59 foot; thence South 55037' West 105.42 feet to the East boundary of nerron Park; thence along the Easterly boundary c: Herron Park on the following three (3) cour3ca: South 62'20' Ea3t 101.0 (feet; thence South .13037'30" Wc3t 228.28 feet; thence South 4. *27' Ea--: 24.23 feet to the North;,cstcfly ri.:.t of way lisle of Ncal venue: thence North 4 D ° 14 ' 45" East 205.82 f ce , along :he No: thw•c; : er ly right of way line of Kcal. Ave..-.ae to the Po1nt of Beginning. 370329 8-751 P-260 05/23/94 11:05A F6 4 OF 4 COUNTY OF PITKZN, STATE OF COLORADO ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) WEISMAN FAMILY LIMITED PARTNERSHIP, a CITY OF ASPEN (hereinafter CITY) and / Minnesota limited partnership (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for condominiumization of an existing duplex (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 355 which is for 2 hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN Stan lausSffm Community Development Director APPLICANT: WEISMAN FAMILY LIMITED 'PARTNERSHIP, a Minnesota limited partnership Signature: B Date: William E. Weisman, General Partner Printed Name: City of Aspen Mailing Address: c/o Weisman Enterprises 2626 West Lake Street Minneapolis, MN 55416 CONDOMINIUM DECLARATION OF HERRON PARK PLACE CONDOMINIUMS Name of the Common Interest Community: Herron Park Place Condominiums Name of the Association: Herron Park Place Condominium Association Persons executing the Declaration: William E. Weisman, as General Partner of Weisman Family Limited Partnership, a Minnesota Limited Partnership Legal Description of Property: A tract of land in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian being a part of the East Aspen Addition Townsight more particularly described as beginning at a point being 353.76 feet South 08°41'20" East from Corner 26, East Aspen Townsite, a 1954 Bureau of Land Management Brass Cap, and 416.60 feet North 17154'30" West from the South Quarter Corner of /Section 7, Towhship 10 South, Range 84 West of the 6' Principal Meridian (1954 Brass Cap) on the Westerly line of property described in Book 199 at Page 359, of the Pitkin County Records; thence North 53114' West 152.59 feet; thence South 55137' west 105.42 feet to the East boundary of Herron Park; thence along the Easterly boundary of Herron Park on the following three (3) courses: South 62120' East 101.07 feet; thence South 13137'30" West 128.28 feet; thence South 44147' East 24.23 feet to the Northwesterly right of way line of Neal Avenue; thence North 40014'45" East 205.82 feet along the Northwesterly right of way line of Neal Avenue to the Point of Beginning. C:\Data\CLIENTS\Weisman, William\condominium declaration.wpd CONDOMINIUM DECLARATION OF HERRON PARK PLACE CONDOMINIUMS THIS DECLARATION is made as of , 1997, by William E. Weisman, General Partner of Weisman Family Limited Partnership, a Minnesota limited partnership (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"): A tract of land in Section 7, Township 10 South, Range 84 West of the Sixth Pr incipal Meridian being a part of the East Aspen Addition Townsight more particularly described as beginning at a point being 353.76 feet South 08141'20" East from Corner 26, East Aspen Townsite, a 1954 Bureau of Land Management Brass Cap, and 416.60 feet North 17154'30" West from the South Quarter Corner of /Section 7, Towhship 10 South, Range 84 West of the 6'' Principal Meridian (1954 Brass Cap) on the Westerly line of property described in Book 199 at Page 359, of the Pitkin County Records; thence North 53114' West 152.59 feet; thence South 55137' west 105.42 feet to the East boundary of Herron Park; thence along the Easterly boundary of Herron Park on the following three (3) courses: South 62120' East 101.07 feet; thence South 13137'30" West 128.28 feet; thence South 44147' East 24.23 feet to the Northwesterly right of way line of Neal Avenue; thence North 40114'45 " East 205.82 feet along the Northwesterly right of way line of Neal Avenue to the Point of Beginning. B. Declarant wishes to create a Condominium Common Interest Community in which portions of the Real Property are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. THEREFORE, Declarant states as follows: ARTICLE 1 SUBMISSION; DEFINED TERMS Section 1.1. Submission of Real Property. Declarant hereby declares that all of the Real Property is hereby made subject to the following easements, restrictions, covenants and conditions which shall run with the Real Property and be binding on 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 hereby submits the Real Property to the provisions of the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq. , as amended from time to time (the "Act"). In the event the Act is repealed, the Act as existing immediately prior to its repeal shall remain applicable. -1- • Section 1.2. Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Plat of the Herron Park Place Condominiums of record (the "Plat") and used herein or on the Plat shall have the meanings specified or used in the Act. ARTICLE 2 NAMES; DESCRIPTION OF REAL PROPERTY Section 2.1. Names. (a) Common Interest Community. The name of the Common Interest Community shall be Herron Park Place Condominiums. (b) The name of the Association is the Herron Park Place Condominiums Association, an unincorporated association. ARTICLE 3 THE ASSOCIATION Section 3.1. Authority. The business affairs of the Condominium shall be managed by the Association. Section 3.2. Member Groups. The Association shall have two (2) member groups, the River Unit Member Group which is attached to River Unit and the Park Unit Member Group which is attached to the Park Unit. Membership in the Association shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a U nit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. 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 River Unit Member Group and its Park Unit 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 (2) directors. The River Unit Member Group and the Park Unit Member Group shall each appoint one (1) 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 3.7 below. Section 3.5. Notice to Owners. Any notice to an Owner of matters affecting the Condominium by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or 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 mails regular first-class postage prepaid, at the address of record for real C:\Data\CLIENTS\Weisman, William\condominium declaration.viN _2 property tax assessment notices with respect to that Owner's Unit or two 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. Section 3.6. Waiver of Lien Priority Rights. Declarant and each Owner understands and intends, by use of an unincorporated association, that the Association will not have the benefit of lien priorities provided in the Act for incorporated associations. Section 3.7. Deadlock. (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. (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 a decision that resolves the Deadlock issue shall be made by the owner of the River Unit. ARTICLE 4 UNITS Section 4.1. Number of Units. The number of Units in the Common Interest Community is two (2). the Plat. the Plat. Section 4.2. Identification of Units. The identifying name of each Unit is shown on Section 4.3. Unit Boundaries. The boundaries of each Unit are located as shown on ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.1. Common Expenses. The only Common Expenses of the Association are for (a) Maintenance, as defined in Section 6.1 below, and (b) Insurance, as defined in Section 6.2 below. Section 5.2. Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Each Owner, by acceptance of 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, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Unit Owner shall convey its Unit unless and until all sums due the Association and C:\Data\CLIENTS\Weisman, William\condominiumdeclamion.wpd —� not assumed by the transferee are currently 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. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. Section 5.3. Apportionment of Common Expenses. Common Expenses shall be assessed against the Units equally. Section 5.4. Annual Assessment/Commencement of Common Expense Assessments. The Common Expense Assessments shall be based upon the Association's advance budget of the cash requirements needed by it to provide Insurance and Maintenance during such assessment year. Section 5.5. Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments only to provide, with respect to the General Common Elements, for liability claims or for repair or replacement, to the extent not covered by Insurance, or to provide for extraordinary Maintenance, if the Executive Board so determines. Section 5.6. Effect of Non -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 (21 %) per annum. Further, following ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessment, or may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner's Unit. 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 need not apply and the non -delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non - delinquent owner, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1. Maintenance. (a) Association's Responsibility. The Association shall be responsible for the maintenance and repair (including removal of snow, leaves and debris, "Maintenance") 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. Additionally, the Association shall, unless all members agree otherwise, cause the exterior improvements on the Real Property to be painted at C:\Data\CLIENTS\Weisman, William\condominium declaration.wo —� least every five (5) years to assure the first class quality appearance thereof and shall, to the extent practicable, employ the same maintenance personnel for the Units and the General Common Elements. (b) 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, alter and remodel the interior non -supporting walls, the materials making up the finished surfaces of the perimeter walls, ceilings and floors within the Unit, as well as the doors and windows of the Unit, and the Limited Common Elements reserved for the exclusive use of the Owner of the Unit. Notwithstanding the foregoing, without the prior written consent of all Owners, no Owner shall (a) make any changes or alterations of any type or kind to the exterior surfaces of any doors or windows, (b) modify or alter the appearance or color scheme of the exterior improvements as they may exist from time to time by agreement of the Owners, or (c) modify or alter any landscaping now or hereafter installed within the Common Interest Community. 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. Each Owner shall, at such Owner's sole cost and expense: 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; ii. replace any finishing or other materials removed with materials of similar type, kind and quality; iii. maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and that portion of the roof serving such Unit; iv. maintain in a neat and clean condition, free and clear of snow, ice and water accumulation all the decks, yard, porches, balconies or patio areas, which have elsewhere in this Declaration been reserved to and for the exclusive use of such Owner, including the Limited Common Elements that have been so reserved. Section 6.2. Insurance. (a) Association's Insurance. The Association shall maintain property insurance on the General Common Elements for not less than the full insurable replacement cost thereof and commercial general liability insurance in such minimum amounts as the Executive Board may establish from time to time, as provided by C.R.S. § 38-33.3-313 of the Act, the provisions of which are incorporated herein by this reference. Each such insurance policy shall be written with an insurance company licensed to do business in the State of Colorado and shall have a rating of "A" or better as shown in the published rating of AM Best Company. (b) Owners' Insurance. Each Owner shall maintain such property and liability insurance with respect to its Unit as such Owner may establish from time to time. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against other Owners and the Association in connection with any damage covered by any policy. CAData\CLIENTS\Weisman, William\condominium declaration.wo —C (c) Waivers. Subject to obtaining the waiver of subrogation endorsement required by the Act, 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. (d) Obligation to Repair or Replace. In the event of a casualty with respect to the General Common Elements, the Association shall repair or replace the improvements as necessary to restore them to their condition before the casualty event. As provided by the Act, the proceeds of the insurance carried by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the River Unit and Park Unit Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. Section 6.4 Restoration Upon Condemnation. (a) Total Taking. In the event of a taking of the total Real Property by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. (b) Partial Taking. In the event of a partial taking of the Real Property by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking and after acceptance of the award of the taking by the Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. If the taking includes all or a portion of the General Common Elements then, unless the Owners decide not to rebuild, the remaining General Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the River Unit and Park Unit Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. CAData\CLIENTS\Weisman, William\condominium declamion.wN _6 ARTICLE 7 RESTRICTIONS ON USE Section 7.1. No Change of Exterior. No Owner shall make any changes to the exterior of the buildings comprising the Condominium Units or any exterior Common Element without the prior written consent of the other Owner. Section 7.2. Nuisances and Neglieence: Environmental Conditions. There shall be no noxious or offensive activities carried 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 which may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Unit. The Executive Board shall have the right to determine if any activity, noise or odor constitutes a nuisance or annoyance; provided, however, that nothing shall prevent any Owner from enforcing the provisions of this Article by bringing suit or otherwise. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on the Condominium which will increase the rate of Insurance or which will result in the cancellation of such Insurance. Each Owner shall be accountable to the Association and the other owner for the uses and behavior of its tenants or guests. Section 7.3. Structural Integrity. Nothing shall be done to any Unit or 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 7.4. Restriction Upon Occupancy. Each Condominium Unit shall be used and occupied solely for, except as the Owners might otherwise agree, residential purposes only, and except as provided in this section, no trade or business of any kind may be carried on therein. No lease or rental of a Condominium Unit shall be permitted, except for one rental per calendar year by each Owner, which lease or rental shall be for a period of not less than three (3) months. Section 7.4. No Unsightliness. 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 (except for decorative items within the Owner's Unit), and nothing shall be placed on or in windows or doors of Units which would or might create an unsightly appearance. All trash shall be collected in areas designated by the Association. No wiring, television antennae or satellite dish, or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized by the Association or this Declaration. Section 7.5. No Violation of Rules. No Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of Units, the use of General or Limited Common Elements, or otherwise. C:\Data\CLIENTS\Weisman, William\condominiumdeclamtion.wpd _7 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, except to the extent that such damage or loss is covered by insurance obtained by the Association, and the carrier of the insurance has waived rights of subrogation against such Owner. The amount of such loss or damage may be collected by the Association from such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including reasonable attorneys' fees) shall be secured by a lien on the Condominium Unit of such owner, as provided herein above, for assessments or other charges. Section 7.7. Parking of Vehicles. Parking of any and all vehicles on the Common Interest Community shall be only on the areas designated for parking and subject to the rules and regulations of 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 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, running gear, boat or accessories thereto, t ruck or recreational vehicle for in excess of three (3) hours, except as a temporary expedience for loading, delivery, emergency, etc., provided this restriction shall not restrict trucks or other commercial vehicles which are necessary for the construction or maintenance of the Common Interest Community. Repairing of vehicles on the premises, outside of either Unit, shall not be permitted. Section 7.9. Leases. No Owner may lease less than that Owner's entire Condominium Unit, and all leases shall be in writing. All leases shall provide that the terms of the lease ar e subject, in all respects, to the provisions of this Declaration, and to the provisions of any rules and regulations , decisions or resolutions of the Association or the Executive Board. Section 7.10. Animal Restrictions. No animals other than normal household pets shall be kept in the Units. An Owner shall be absolutely liable to the other Owner and their families and guests for any unreasonable noise 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. Enforcement. The Association, any member of the Executive Board and any Owner shall have the right to enforce this Declaration and the rules and regulations of the Association and the right to collect costs and expenses (including without limitation attorneys' fees) incurred in any enforcement action. ARTICLE 8 EASEMENTS AND LICENSES Section 8.1. Recording Data. All easements and licenses to which the Condominium is presently subject are recited in Exhibit A. In addition, the Condominium may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration or on the Plat. C:\Data\CLIENTS\Weise=, Williarn\condominiumdeclamion.Wpd -o Section 8.2. Common Elements Easement. Each Unit Owner has a right and easement of enjoyment in and to the Common Elements, 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 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 temporarily brace any excavation or existing foundations within a Unit. After such temporary use, the constructing Unit Owner shall, at its sole expense, restore and repair the Common Elements to the condition existing prior to such construction work. By undertaking work within the Common Elements, 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. Section 8.3. Easements for Improvements. Maintenance and Utilities. Reciprocal Easements (among all 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 air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, 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 its 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. Section 8.4. Encroachment Easements. Each Owner has an easement over the adjoining Unit(s) 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 altere d 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 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 such encroachments so long as they shall exist. ARTICLE 9 RIGHT OF FIRST REFUSAL Section 9.1. Notice. In the event any Owner of a Condominium Unit shall wish to sell the same, and shall have received a bona fide offer from another person, the selling Owner shall give written notice thereof to the other Owner(s), together with a copy of such offer and the terms thereof. CADaM\CLIENTS\Weim=, William\condominium dxlara ion.%pd _9_ Section 9.2. Right to Purchase. The other Owner(s) shall have the right to purchase the subject Condominium Unit upon the same terms and conditions as set forth in the offer therefor, provided that written notice of such election to purchase, together with a matching down payment or deposit, is given to the selling Owner, or his agent, during the fourteen (14) day period immediately following the giving of the notice of the offer to purchase. Section 9.3. Failure to Close. Closing of the purchase transaction pursuant to the exercise of a right of first refusal as provided in this paragraph shall be in accordance with the terms of the offer upon which the exercise is based. If the non -selling Owner does not exercise his right of first refusal, or having exercised his right fails to close upon the purchase transaction, the selling Owner may sell his Condominium Unit to the person and upon the terms and conditions as set forth in the offer at any time within sixty (60) days after the closing date originally set forth in the offer. Section 9.4. Right to Avoid Non -Complying Transfer. In the event any Owner shall attempt to sell his Condominium Unit without affording to the other Owner(s) the right of first r efusal herein provided, such sale or lease shall be voidable, and may be voided by a certificate of non- compliance duly recorded in the office of the Clerk and Recorder of Pitkin County, Colorado by the other Owner. However, in the event the other Owner has not recorded such a certificate of non- compliance within one (1) year from the date of recording of a deed delivered in violation of this paragraph, such conveyance shall be conclusively deemed to have been made in compliance with this paragraph and no longer voidable. The failure or refusal of the other Owner to exercise the right to so purchase shall not constitute or be deemed to be a waiver of such right to purchase or lease when an Owner receives any subsequent bona fide offer from a prospective purchaser or tenant. Section 9.5. Exempt Transfers. In the event of any default on the part of an Owner under any first mortgage which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of this paragraph, and the purchaser or grantee under such deed in lieu of foreclosure of such Condominium Unit shall be thereupon and thereafter subject to the provisions of this Declaration and the Bylaws. If the purchaser in lieu of such foreclosure shall be th e then holder of the first mortgage, or its nominee, the holder or nominee may thereafter sell and convey the Condominium Unit free and clear of the provisions of this paragraph, but its grantee shall thereupon and thereafter be subject to all of the provisions thereof. The following transfers of a Condominium Unit are also exempt from the provisions of this paragraph: (1) The transfer by operation of law of a deceased joint tenant's interest to the surviving joint tenant(s); (2) The transfer of a deceased's interest to a devisee or devisees by will or his heirs at law under intestacy laws; (3) The transfer of an Owner's interest by treasurer's deed pursuant to a sale for delinquent taxes; CADaca\CLIENTS\Weisman, William\condominlumdeclamion.vio -lo- (4) The transfer of all or any part of a partner's interest as a result of withdrawal, death or otherwise, to the remaining partners carrying on the partnership business, and/or to a partner's or partners' interests between one or more partners, and/or to persons becoming partners. For purposes of this Declaration, the term "partnership" shall include limited liability companies and any other entities treated as partnerships for federal t ax purposes; and (5) The transfer of a corporation's interest to the persons formerly owning the stock of the corporation as a result of a dissolution. A transfer to the resulting entity following a corporate merger or consolidation; provided, however, that at least fifty percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation formerly owning the Condominium Unit. If the Owner of a Condominium Unit can establish to the satisfaction of the Managing Agent or the Executive Board that a proposed transfer is not a sale, then such a transfer shall not be subject to the provisions of this paragraph. Section 9.6. Certificate of Compliance. Upon written request of any prospective transferee or purchaser from an existing mortgagee of any Condominium Unit, the Managing Agent or the Executive Board of the Association shall forthwith, or where time is specified, at the en d of the time, issue a written and acknowledged certificate in recordable form, evidencing: (1) With respect to a proposed sale under this paragraph that proper notice was given by the selling Owner, and that the other owner did not elect to exercise this option to purchase; (2) With respect to a deed to a first mortgagee or its nominee in lieu of foreclosure, and a deed from such first mortgagee or its nominee pursuant to this paragraph, that the deeds were in given in lieu of foreclosure, and were not subject to the provisions of this paragraph; and (3) With respect to any contemplated transfer which is not in fact a sale, that the transfer will not be subject to the provisions of this paragraph. Such a certificate shall be conclusive evidence of the facts contained therein. ARTICLE 10 MISCELLANEOUS Section 10.1. 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 Owners of the Common Interest Community. C:\Data\CLIENTS\Weisman, William\condominium declaration. wpd -11- Section 10.2. Indemni1y. 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 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, 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 its costs and reasonable attorneys' fees. Section 10.3. Additional Riahts of Enforcement. 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 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 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 sh all be entitled to his, her or its costs and reasonable attorneys fees as a part of any judgment entered for such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this day of , 1997. WEISMAN FAMILY LIMITED PARTNERSHIP, a Minnesota Limited Partnership By: William E. Weisman, its General Partner C:\Data\CLIENTS\Weisman, William\condominium declaration. vTd -12 CONSENT OF MORTGAGEE The undersigned holder of a mortgage, deed of trust or other lien (collectively "Security Interest") recorded in Book at Page of the Pitkin County Colorado real property records against and encumbering the Real Property herein above described hereby consents to the within and foregoing Condominium Declaration and agrees that its Security Interest i s 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. MORTGAGEE: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1997, by WILLIAM E. WEISMAN, as General Partner of the WEISMAN FAMILY LIMITED PARTNERSHIP, a Minnesota Limited Partnership. WITNESS my hand and official seal. My commission expires: (SEAL) STATE OF ) ss. COUNTY OF ) (SEAL) Notary Public The foregoing instrument was acknowledged before me this , 1997, by as WITNESS my hand and official seal. My commission expires: Notary Public C:\Data\CLIENTS\Weisman, William\condominium declaration.wpd _13_ day of of Ross Soderstrom, 04:19 AM 11A2/97, Re: Heron Park Condos X-Sender: ross@comdev Date: Thu,11 Dec 1997 04:19:55 -0700 To: rebeccas@ci.aspen.co.us, johnw@ci.aspen.co.us, nicka@ci.aspen.co.us, chrisb@ci.aspen.co.us, sarat@ci.aspen.co.us, stephenk@ci.aspen.co.us From: Ross Soderstrom <ross@ci.aspen.co.us> Subject: Re: Heron Park Condos Cc: juliew@ci.aspen.co.us, virginit@ci.aspen.co.us Becca, John, Nick, Chris, Sara, Stephen: I checked a little further into the approvals and plans for this property. In a quick review Larry D. did not find a permit for the hot tub (no plumbing permit nor change order) and the hot tub was not shown on the original plan set. The foot of the stairway on the riverside of the building was shown on the original plans with a relatively small encroachment at the bottom corner, which appears to have been built more or less per the plans. From the condo plat I thought the stairs and deck were probably elevated and wooden but after a site visit yesterday I will correct myself that the stairs are concrete and cantilevered from the side of the building and the deck and hot tub are at grade with the hot tub sunken into the ground. (The stairs lead to the second floor and the deck with hot tub are below.) The shed on the southwesterly side (Herron Park side) of the property which is in the sideyard setback was existing prior to the building permit. It appears to have been repaired/re-built, but is in the same location (and made of the same exterior timbers) as the original shed. I am asking Stephan K to hold the C.O. until we clarify the permitting and encroachment of the deck and hot tub into the rear setback and the riverside easement. Susan Dillingham, real estate with Lauri B. Aspen, called me this afternoon to inquire of the status of the C.O. and I explained the uncertainty regarding the construction of the deck and hot tub. She is the listing agent for the property although does not expect to be the owner's representative with regards to the deck and hot tub. >At 10:48 AM 12/ 12/ 97 -0700, you wrote: >>John, Nick & Chris, >>Ross has made us aware of an encroachement into our easement just North of >>Herron Park. This easement links to an extension of Herron Park just down >>river from the developed park and is of concern to us because the hot tub >>and stairs are already constructed. At one of our recent meetings with City Printed for Christopher Bendon <chrisb@ci.aspen.co.us> 1 Ross Soderstrom, 04:19 AI 11A2/97, Re: Heron Park CondosW >>Council they were very concerned by this continual encroachment by >>developers into the City's easements. Any suggestions on how we should >>approach this? It might be beneficial to do a site visit to look at the >>situation. Please let myself or Jeff know when you all might be able to get >>together to discuss this. Thanks. >>Becca Ross S. Printed for Christopher Bendon <chrisb@ci.as en.co.us> 2 January 27, 1998 Mr. Charles Brandt, Esq. Charles T. Brandt & Associates, P.C. Colorado National Bank Building 420 E. Main Street, Suite 204 Aspen, CO 81611 THE CITY OF ASPEN Subject: Completion of Sidewalk, Curb and Gutter at 113 Neale Avenue Dear Mr. Brandt: In response to the inquiry from your office about the acceptance of the sidewalk, curb and gutter for 113 Neale Avenue, I found that the driveway curb cut was not constructed in accordance with the plans for this property nor to City standards. The architectural plans (Sheet Al) submitted for the building permit (4-119) correctly show that the maximum curb cut width for the driveway was to be 18 ft which is in accordance with City of Aspen standards. However, the constructed curb cut measures approximately 31 ft in width which is not acceptable and does not satisfy the conditions of the Sidewalk, Curb and Gutter Improvement Agreement encumbering the property. According to the plat (dated 01/06/96) submitted for the condominiumization application, the sidewalk does not extend the full length of the property on the Neale Avenue frontage (approximately 15 ft short of the southerly corner of the property frontage). The plat also depicts manhole lids for an electric vault and a sanitary sewer manhole both of which lie in or very close to the probable route of the sidewalk in front of the property. Due to the snow stockpiled at this corner and covering the sidewalk I could not verify where the existing sidewalk ends with respect to the property corner nor the location and condition of the sanitary sewer manhole lid. I also noticed a loop of sheathed cabling (perhaps telephone or cable TV) at the northerly end of the sidewalk which extends into the walking path and creates a tripping hazard. The property owner will need to contact the appropriate utility company to correct this condition which presumably resulted from providing or upgrading utility services related to this property. To satisfy the conditions of the Agreement, the sidewalk, curb and gutter at the ends of the driveway curb cut will need to be removed and replaced so as to make a driveway curb cut of 18 ft maximum width. Since this is in the public right-of-way and is not an emergency repair, this work may not be initiated until after April 1, 1998 when permits for work in public rights -of -way will begin to be issued for the 1998 construction season. Local contractors who perform this type of work are familiar with the city's standards for sidewalks, curbs and gutters, and with the right-of-way permit conditions and L0298.DOC 130 SovrH GALENA STREET • ASPEN, COLORADO 819r1 2 PHONE 970.920.5000 • FAX 970.920.5197 Printed on Recycled paper Letter: Completion of sqlalk, Curb and Gutter at 113 Neale Avenue • procedures. Verifying the location and condition of the two manhole lids may more easily be completed after the Spring snowmelt and in conjunction with replacing the curb, gutter and sidewalk. Truly Yours, Ross C. Soderstrom Project Engineer cc: Nick Adeh, City Engineer Stephan Kanipe, Chief Building Official Tom Bracewell, ACSD Jack Reid, Streets Superintendent John Krueger, Trails Coordinator 4-Chris Bendon, Project Planner Sara Thomas, City Zoning Officer File, Building Permits 2OF2 L0298.DOC • • May 4, 1998 William Weisman 113 Neal Street Aspen, CO 81611 Glenn Rappaport, Architect PO Box 276 Aspen, CO 81612 Re: Weisman Residence Dear Sirs: ASPEN • PItKI,V COMMUMiy DEVELOPMENT DEPARTMENT I am in receipt of your land use application for a Stream Margin Exemption. I am not accepting this application because it does not address the applicable land use reviews nor is it complete. _ The development proposed must gain Stream Margin and Special Review approval from the Planning and Zoning Commission and is not eligible for an exemption. I made this clear during a pre -application conference with John Kelly last October. It was my impression at the meeting that John understood the nature of the land use reviews required for this development. All complete land use applications include a current site improvement survey, proof of ownership, and ability of any third party to represent the owner. In addition, specific reviews may also require submittal of a landscape plan, site topography, a site section, copies of prior approvals, and land use fees. I am including a copy of the October pre -application conference summary and a land use application packet for your consideration. Included in this packet is a description of the necessary contents for a complete application. I am available to review any of these requirements. Hook forward to reviewing a complete application for the correct land use reviews. Very truly yours, NM V& Christopher Bendon, Planner City of Aspen att. 130 Som GALENA STREET • ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 - FAx 970.920.5439 Printed m Recycled Paper • PLANNER: PROJECT: REPRESENTATIVE OWNER: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 920.5072 DATE: 10.16.97 Herron Park Place Condo Stream Margin Review & Special Review John Kelly TYPE OF APPLICATION: 1 step -- Steam Margin and Special Review DESCRIPTION: Stream margin review for development closer to RF, Special Review for essential development within 15 foot setback to remove existing structure. Land Use Code Section(s) 26.68.040 Stream Margin Review 26.64.040(D) Special Review for Encroachment in 15' Setback Review by: Staff, Development review committee (referral agencies), Planning and Zoning Commission Public Hearing: No. Referral Agencies: Engineering, Parks, Building Planning Fees: Planning Deposit Minor ($1080) Referral Agency Fees: Engineering, Minor ($110); Total Deposit: $1,190 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. 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. 5. Total deposit for review of the application 6. 15= Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current (within one year) status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. Copies of prior approvals. 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. Ross Soderstrom, 01:00 AM 3/2/99 -, Re: Herron Park Place Condos X-Sender: ross@comdev Date: Tue, 02 Mar 1999 01:00:29 -0700 To: Chris Bendon <chrisb@ci.aspen.co.us> From: Ross Soderstrom <ross@ci.aspen.co.us> Subject: Re: Herron Park Place Condos Cc: johnk@ci.aspen.co.us, nicka@ci.aspen.co.us, rebeccas@ci.aspen.co.us, sarat@ci.aspen.co.us, stephenk@ci.aspen.co.us If this is 113 Neale Ave, I reviewed this about a year ago, but it was not completed nor approved due to an encroachment of their hot tub, (encroaching top of river bank, built w/o a building permit, and built in an easement granted to the city w/o city approval) in a city easement. Last I knew they had not removed the encroaching hot tub, so no condo plat. I reminded John Krueger of this incomplete plat and the encroachment violation last week. When the encroachment is either approved by the city or removed by the property owners it may be finalized. At 09:58 AM 3/1/99 -0700, you wrote: >Folks: I just received mylars for Herron Park Place Condos for final >signatures. I don't remember this coming through as a draft, atleast not >through our department. It may have been reviewed by you guys without fees >from us. It was reviewed as a Stream margin about six months ago, but that >review did not include condo'ing. >Did anyone review this condo map? >Cheers, >Chris Bendon >City Planning Printed for Chris Bendon <chrisb@ci.aspen.co.us> 1 • • Ross Soderstrom, 09:50 AM 3/26/99 , Re: Heron Park Condos night li X-Sender: ross@comdev Date: Fri, 26 Mar 1999 09:50:59 -0700 To: "John D. Krueger" <krueger@sopris.net>, rebeccas@ci.aspen.co.us, nicka@ci.aspen.co.us, juliew@ci.aspen.co.us, stephenk@ci.aspen.co.us From: Ross Soderstrom <ross@ci.aspen.co.us> Subject: Re: Heron Park Condos night light Cc: janicev@ci.aspen.co.us, chrisb@ci.aspen.co.us, sarat@ci.aspen.co.us John & Becca: I'm passing your comments on to Nick, Julie, and Stephen. Sara Oats of Com Dev picked up the mylars from us last Friday (3/19/99). Since I was not involved in the corrective action of removing the hot tub nor any stream margin review, I don't know what the intensions / understandings were for the light, or if it had even been addressed. At 08:40 PM 3/25/99 -0700, you wrote: >Becca, >Yes, I think that they should remove the light for both reasons. 1. It is >not allowed per lighting standards and I think stream margin regs and 2. it >should not be in the easement. >j ohnk >----- Original Message ----- >From: Rebecca Schickling <rebeccas@ci.aspen.co.us> >To: John Krueger <johnk@ci.aspen.co.us> >Date: Thursday, March 25, 1999 3:08 PM >Subject: Re: Heron Park Condos night light >>I don't think this is allowed by lighting standards for the City not to >>mention the fact that it is still in the easement. Do you want them to >>remove? »Becca i Printed for Chris Bendon <chrisb@ci.aspen.co.us> 1 >>At 01:51 PM 3/25/99 -0700, you wrote: >>>Becca, >>>Are we are right with this? >>>j ohnk »»X-Sender: ross@comdev »»Date: Fri, 05 Mar 1999 10:51:54 -0700 »»To: chrisb@ci.aspen.co.us, rebeccas@ci.aspen.co.us, sarat@ci.aspen.co.us, »» johnk@ci.aspen.co.us »»From: Ross Soderstrom <ross@ci.aspen.co.us> »»Subject: Heron Park Condos night light »»Cc: stephenk@ci.aspen.co.us, nicka@ci.aspen.co.us, edwards@ci.aspen.co.us »»I reviewed the revised condo plat and made a field inspection to verify >that »»the hot tub, deck and back steps to the condo had been removed from the »»park access easement. These corrections appear to have been completed. »» (113 Neale Ave, next to Heron Park, along the river) »»While visiting the site, I also noticed a night light controlled by a >motion »»sensor mounted on a 4" x4" post approx. 5 ft tall, in the access easement »»located near the wooden gate. The shroud for the light is partially »»directed toward the river although the fixture does not presently have a »»light bulb in it. Was this an approved installation or an oversite that >it »»was not removed with the other encroachments? The light was shown on the »»earlier version of the plat (3/20/98) as well as the latest version of >the »»plat (1/11/99). Printed for Chris Bendon <chrisb@ci.aspen.co.us> 2 0 »»Apart from this detail, the plat is overwise complete and awaitting »»signatures of Julie Ann and Nick. Once we have an answer, the plat >should »»be routed for signatures. »»Thank you. »»Ross S . >>Rebecca Schickling >>Assistant Parks Director >>City of Aspen Ross S. Printed for Chris Bendon <chrisb@ci.aspen.co.us> 3 HleTlron Pa-rl / -.177,171 a c e 1131 'Y a t t lkln Co U// n t el/ Con INDEX SHEET I - LEGAL TEXT MAP SHEET 2 - SI TE IVIA P SHEET J - UNITS PLAN VIEW SHEET 4 UNITS SECTION VIEW (EL EVE T IONS) • -Y OF Vic in Z Y flap G \ W fJ 5� S� 9G 00 F2 VL According to Colorado law you must commence--"'�� any legal action 6ased upon any deferl in this survey tudhin three years after you 118 fi: G l/i J L/-G et 1_4spen, .�uiL`e .�00 r such defect in no eeenr may egai G'lenzuood Springs, Colorado 816'01 any a any legal actr"on bwea upon any defect to thissurvey 6e commenced more than ten years - .. S CH.IlUE S'�R /303) 94,5-1004 �� 4X./ 945-5948 from the date of the cert=fication Shaun hereon COR,90 t' tf�Y�f ¢---_------ Colorado l'303j 925 - 67 ? Legal Description: A tract of land in Section 7, Township 10 South, Range 84 West of the 6th P.M. being a port of the East Aspen Addition Townsite more particularly described as follows: Beginning at a point being S 08'4120't 353.76 feet from Corner 26, East Aspen Townsite, a 1954 B.L.M. Brass Cap and N 17'54 ,30'W 416.60 feet from the South 114 Corner of Section 7, Township 10 S M, Range 84 West of the 6th P.M., a 1954 B.L.M. Bross Cap to the westerly line of a property described in Rook 199, at Page 359 of the Pitkin County Records, thence; N 53'1400W 152.59 feet, _thence S 55'37'00 W 105.42 feat .!o the east boundary of Herron Pork, thence along the ea''ter/y boundary line of Herron Pork the following three (3) courses; S 62 20 00 E 101.07 feet; j thence S 13'37 30 `W 128.28 feet; thence S 4427'00 E 24.23 feet .o the Northwesterly right of way line of Neale Avenue, thence along said right of way N 40'14'45 E 205.32 feet to the point of beginning said tract containing 0.478 acres more or less. Certification of Dedicotioii and Ownership: Know all men by these presents that the Weisman Family Limited Partnership, a Minnesota Limited Partnership, being the sole owners of certain lands in Pitkin County, Colorado, described as follows: 113 Neale Avenue, City of Aspen, County of Pitkin, State of Colorado Said parcel contains 0.478 acres more or less, have by these presents laid out, plotted and subdivided the some into lots as shown hereon and designate the same us Herron Park Place Condominiums in the City of Aspen, County of Pitkin, State of Colorado, and do hereby grant to the City of Aspen, County of Pitkin, State of Colorado, for public use the utility and drainage easements shown heron for utility and drainage purposes only, and so further state that this subdivision shall be subject to the protective covenants filed', and recorded for this subdivision in the Office of the Clerk and A..'ecorder of Pitkin County, Colorado as Reception No. Executed this day of --------------------- 1997 By------------------- ---• --------------- Owner 3 •e Notary Public Certificate: State of Colorado i + ss County of Pitkin ) The foregoing instrument ;gas acknowledged before me this------ day of ------------------ 1997 by ------ ----------------------------- Witness my hand and official seal, My commission expires :__-----------_--- --------------------------------------- Notary Public 113 Neale 4vrnue Surveyor s Certificate 1, Stephen L. Ehlers, Professional Land Surveyor, do hereby certify that this plot of Herron Pork Place Condominiums was prepared by me and under my supervision and that the location of the outside boundary, roods and other features ore accurately shown and correctly shown hereon, that the some are based on field surveys performed under my supervision and in accordance with Colorado Revised Statues 1973, Title 38, Article 51 and C.R.S. 38-33.3-209. / further certify that the error of closure for the boundary is better than 7:10,000. In witness thereof, / have set my hand and seal this----------------- day of ------ 1997. By ------------- ---------------- Stephen L. Ehlers L.S. 20133 City Engineer's Approval The was approved by the City Engineer of the City of Aspen this ------ day of _-------- 1997 -------------------------------------- City Engineer Mortgagee Consent The undersigned, as mortgagee under the provisions of a certain mortgage dated June JO, 7995, and recorded January 2, 1996 in the records of the Clerk and Recorder of Pitkin County, Colorado at Reception No. J38761 hereby consents to the condominiumizotion as hereon drawn. William E. Weisman Notary Public Certificate State of Colorado ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this ------ day of --------------------- 1997 by --------------- Witness my hand and official seal My commission expires:--------------- - Notary Public Community Development Director Approval This final plot of the Herron Pork Place Condominiums was approved by the Community Development Director of the City of Aspen this ---- doy of 1997. SY--------------------------------------------- Community Development Director Title Certificate Pitkin County Title Inc. does hereby certify that / have examined the Title to all lands shown upon this Plot and that title to such lands 49 vested in free and clear of a// liens, taxes, and encumbrances except as follows: 1997 General Property Taxes not yet due or payable, Deed of Trust dated June JO, 1995 to William E. Weisman recorded January 2, 1996 at Reception No. J68761 Dated this _- dqy A.D., 1997 Agent Acceptance for Recording This plat of Herron Park Place Condominiums is accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado, this _--- day of -------, 7997, in Plat Book ....... at Pages ....... and Reception No. B}'---------- ------------------------ --- Clerk and Recorder _ I DI4TE By �+ Job No. /� 96148 - --_--}-- Li Z �� Of �Jp en Drown by: JT , Dote.• >/OB/9B — ... PZ �� Z / !n CO /�� CO APPr by sle -------- file: HBRi40N---- OF T' /1Vf - _ L 1 L2 _ L3 L4 D/RECT/D"✓ N 22' 15 34 " W N 49' 14 42 " W N 49'14 42" W /v 78.01'15" W DISTANCE 24. D 1 " _ 17. 46' /4.64' 3.83' L5 S 8527'10" W 1.97' L6 _ S O43250" E 4.00' - L7 S 68'56 29 " E - 4.47' L8 N 56' 15 33 E --- 2, 00' L9 S 59'32'02" E 1 7.9001 , L 10 S 7832 45 " W 37.56 L 11 S 08'04 33" E 3.05' L 12 N 8126 25" E 30.33' L 13 N 07'58 56" W 12.20' L 14 S 4714 04' W 78.09' L 15 N 16'39 28' E _ 16.26' L16 N 10'1850 E- 2 24 B L 17 N 1 1'53 54 E _ 79.28' L 18 _ N 03'58 40 W 18.94 L 19 S 04'42 27" E 24. 19' L20 N 02*38'17 " W L21 S 04'0802" W _24.65' ^ 17, 16' L22 L23 N 02'065.5" E 34. 10' N 10'31 35" W 10.25' L24 S 40'0725" E _ i 6.09' L25 N 26'31 59" E 92.24 L26 S 19*04'14" W 43.27 L27 N 81 '57 55 " W 10. 15' L28 S 10'3243" W 1261' SET j5 REBAR & PLAL CAP L.S. 201 J,3 ,R) CURVE MAD/US LENGTH TANGENT CHORD BEARING DELTA C1 17.33 1 7.73' 6. 10 11.50 N 05'45 51 W 38'46 32" C2 40.00 11.08 5.58 1 7. 05 S 03-5737 W 75'S2 34 C3 50.00 13. 11 ' 6.59 13.07' S 02'48 12 W 15101 '16 C4 58. 75 . - 16.33' 8.22 16.27' N 06' 11 59' E 15'55 19 f OUND J5 REBAR & PLASTIC CAP L.S. 2376 V, Z SET f5 REBAR & PLASTIC {---- CAP L.S. 20133 Wo f SET 15 RC84R & PLAS77C CAP L.S. 20133 ++ L 1+30 33 ' 92$ --- - - --- CURB & G07TER f ` 4enm a'ng to Colorado taw, ,you must commence any legal 611?, .Slrl c-4 uz'le 2061 action Baseddefect upon any in than surrrey wathaia three ,yeah after you /�.j� •first discover such defect Jn no event may 6'lenwood S,arings; Colorado fy1601 any legal acAon Cased upon any defect in this survey Co commenced more tAan ter' years -010IiF.,:S'ER ,4spen, Colorado r303j 9 5-62Zi I+— tlee date of the certffa'eahon shown +�"�"""^"'-' --- heraon, COf?lJOri�' �l>�'YL'R „ ........_.... _ PI -ace rondo"..-inmns, Herron Par'�� _ - - -- FOUND 5 REBAR & PLASTIC -1_ 3 Neal, 6' A e ue CAPLS.. 2376 Ci ly of A, pen T tkin County, C0,101-ad'o • • --del--- 8(/RLED TELEPHONE LINE - - SIGN ---- g --- BMW GAS LINE GAS yAL P- -X X — x /ZACE UNE p MRS SLOP 7 ROCK WALL 0 POWER POLE --- fv --- CABLE TELL-WWW LINE 4 UGHT POLE --- e -- ELEC77?IGAL UNE WATER yACV£ --- w --- - —:rs-- WATER LMIE SAMTARY LINE f1RE HYDRANT ,SEWER n TELEPHONE RISC-Y -----`hA--- OVERHEAD UTLUT)' LINE O CABLE R/S£R �a.4C EXIST CULMR7 am SEWER MANHOLE STORM DRAIN INLET • 0CMUOUS TR& ELECTRIC 7RANSFORA06T tV£RGRE£N TREE -� .ANCHOR BOLT 8RUSH UNE Legend and Notes: indicates found monument as 4escribed. - ® indicates set monument, J5 rebor and Red Plastic n Cap (RPC), L.S. 20133. A. indicates control point Survey Orientation based on found monuments as shown. L.C.E. - Limited Common Element. G.CF. - General Common Element. A# easements of record as indicated on Pitkin County Title Poli,-y No. PC7--9107C2 dated 08102194, have been shown hereon. - Survey was done while the ground was snow covered therefore some improvements may not be ,shown. Distances shown on the buildings ore to the exterior walls. FOUND IF5 REBAR & PLASTIC CAP L . S. 2376 BER .t- -- -- -- --- -- _REV75lON - - - -. --- - -- - GATE BY Job ,No. 9G146' } -- 7 L o , C e n Drawn b y" - - -- --- - -_ - ---.-- - - - - -- - - _ - - - - Y JT s _ - -- -- --- - ©ate ea P men ue --� ----- ----- - - -- - -i�`kz rz Coo urL z`7� Co ----- _-- - - - -= -- - - -- APPr by. S or ' I N 53'04 ;33" W 125 y 0.46 4 �' cA - �tr. ,R"� { TIE POINT ; (BUILDING CORNER) o EXTERIOR WALL - C£1UNG Hr. 8.00' S.9.5 b � 5 _`��, �s Q� ?�o' � N 53'04 3��" W -BEAM v, l/" ,( UNIT s5 .� R/Vf 6. _ -R r as '35' �� ( i 10.24 •c,EUNG Hr. 78s 35 6330 1J �` (, , .I(�N E _— __ _ ._ _.... — -- 4 .3v• ._.. - - - --- - - --- --- 5 r` � �� 1 M � - - -— ro �i �' STAIRS 2000' ----- - I --- 2.52' SUPPORT r 9 0.46 p PIERS ! c , 5 l b oe- � N � U RIVER UNIT ? '1 6.07' c8 I CLOSET \0` S!/F'PORT ` "1 20.46' q i.3 2.90 SUPPORT O'7/ J 5.86 • , - ,;.ti, , / �.� _� f �:� o (S 2 'ENTCEILRHE670 /NC , `� j o 794' ;� _ 2 OR,- o- n V � 7;12'5. $ w S. I3 1 v I GARAGE 15• 0 3.28 Q` CEILING 2 - CEILING NI L<.`:' - \ 220 a ----- J2.10' C C 7 $' ' vi 0.57 ll L OWER LEVEi I J��S i/ SL- NOTE CWSET UMOER STAIRS OF T STAIRS 11.34' 1, 15' I CF/C1NG H' 7. 70" , 0.40• - D.41', v/to v g CEILING HT. 795' I - IVA/AI LEVEL ri D. 42' 0 0 - ECUA7N A 0.56, to { o NOTE: All building line angles are at 90, except us noted. �. 0.46' I kc) cz w �c PARK UNIT I { 11.53' PARK UNIT 0 _ h DECK C.C.E. 11.92' CFJLINC Hr 7.32' E/L/NG HT. 8.76' 1 . - rz -- CRU.NG HT I370' SECRON B CEILING Hr 9.85' S1.95' CEILING HT. 9.85" 71.,T5' . - C£/L. NT. 6.87` % --``• .,.1 N 49.31'41" W { 1. 17.00' • ti � - RTV'EJWNIT 'o moo' , \ F • � -- 1cE,�rNc r+r B. � �— 5,70 - IP�1 �� P ENTRY K 11 n N 49*JT'41 " W . ANOINC DEC' C 16.90' L CL. DECK L.C. Jv' 6. ev © GP i • �� TIE POINT 16.90 La.00' H PT) PLACNTER (BUILDING CORNER) EXTERIOR WAL[. CONCRETE DECK L C. E I u n+ 1F¢�1a� V 7.90' 013 C.E/LING /.,6.70 g HT z25' o �— -- C. IJNf, HT 9.85 CEILING Hr 9.85' \ 265 _...- UPPER L EV �L -- 795 CEILING Hr. 8.82 CEILING Hr 8.82' 0.42' �CONCRLTE DECK L C. E. ,I 508' 9.10' 2J. 5 5.90'I { PARK UNIT nb Z CEILING W. 9.'!O v CEILING Hr. 8.82' I u SKY Ht.. 12.0' QL CEILING Hr. 9.9' 2.J5 PART OF { 5. 13 - — T -= - -- CEILING HT. 9.9' - RIVER UNIT o 1 ti .i12.56� ^ 0.75' - 12 GRAPHIC SCALE \ 10 o 5 +0 20 +� f MUNG HT 7,27' ( IN FEET w I inch = 10 ft I7.00' CE/LANG Hr 9 --- C£,Lm HT 9.9' PA R T OF RI VD? UNIT 0o DECK d.CE -- 17,00' - ---+ lob Ma, --- --- - - - s Notice ' ";"! /'U�'1Dfi'S `+`J rt;/P. 1�..4ti� C r%xil•` :'Tfc t "+r } j- Orownby. JT 8fR RE✓ISION DAIS BY96>,�S - ,75 i .4-cording to Colorado law; you must commence _ .r.., :.....�....,;".. 1; , t (a7,'1 .F'�l1L�.S` --- any legal action Aased upon any defect in �//''``�� ,>6' fi' 6,(h Slreet Suite .20(J 1 �)/y //7��//7' /,�/y /1 /� n/ //�] ) /y/� n _._---- -- -- -- /y 4, ihts survey unYhsn the ee years after you - - / C/ 1 / W V gi LJ { / / V f� -- T� -- �/ C,/ ----------- -- —_ -.. /first discover sucA defect to no event may G'ZenwOOd .S�a�'L7a,9'S, G'O109'arL'O �161%% �,,,.� 1 l V i,� C. (r - -- ._—..— .-. .. Ap pr. >/06/.� --- - -- -- - -- -- - - - Pztkzn Coon o Y: any legal action ft"d upon aiky defeat �n r903) 9 5 - T 00 -- - — T� __ 1 ._ y this survey 6e commenced more than ten years --- _ � - " Appr. by. --- ` - sea�r Fs�k - , s� •on, the data .l the certOcatlon shown ,4,;�pen, COIOr(1f21Q f 303/. 3,�5-6�.c�% _y..---_._ hereon. GOJ'DO_•V .�FYG"li' _---------- -- _._ --------- _._ ; )F M t - - - � f71e: dBi4ROh' i - -