HomeMy WebLinkAboutcoa.lu.ec.701 Gibson Ave.A031-99PN: 2737-073-45A03 Case A031-99
701 Gibson Avenue Lot Line Adjustment
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CASE STATUS SHEET
Case # p o31-9 9 Case Assigned To:
Representative's Name:
Phone: qd: o — / / d 5
Fax:
Activity:
Date Assigned:
Date Applicant Contacted:
Date of Site Visit:
Date of Determination of Completeness
Date of DRC Meeting:
P&Z Date(s):
HPC Date(s):
Council Date(s):
Date Action/Activity
Aa'7
d/-.*,
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
(f C.'-
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
TOTAL
NAME: RILL -
ADDRESS/ PROJECT
PHONE: > > ' -> 11;7t/
CHECK#
CASE/ PERMIT#:
DATE:
# OF COPIES:
INITIAL:
PARCEL ID:12737-073-45003
DATE RCVD: 13/22/99
CASE NO fAT71-99
CASE NAME: 701 Gibson Avenue Lot Line Adjustment PLNR: �—
PROJ ADDR: 701 Gibson Avenue CASE TYPI Lot Line Adjustment STEPS
OWN/APP:J Bill Wiener ADR 701 Gibson Avenue C/S/Z: lAspen, CO 81611 PHN: 925-.5390
REP: Alan Richman ADRI P.O. Box 3613 CIS/Z: Aspen, CO 81612 PHN: 920-1125
FEES DUE: 460 (d) + 160 (e) FEES RCVD: 620 STAT:
REFERRALS
REF:l � BYJ�r DUE: F—
MTG DATE REV BODY PH NOTICED
I DATE OF FINAL ACTION:
CITY COUNCIL:
REMARKS
PZ:
BOA:
CLOSED: �� BY:
DRAC:
PLAT SUBMITD: �___ PLAT (BK,PG):�� ADMIN:
2egt�vAtA --1-z1/aq
RarIck d-e, (L VXA1_cd
HOLLAND & HART LLP
ATTORNEYS AT LAW
DENVER; ASPEN
BOULDER -COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS - 0015E
CHEYENNE - LVCIMON MOLE
SALT LAKE CITY
Mr. William B. Wiener, Jr.
701 Gibson
Aspen, CO 81611
Dear Bill.
SUITE 3200
555 SEVENTEENTH STREET
DENVER, COLORADO SM02.3979
MAIUNG ADDRESS
PO. BOX 8749
DENVER, COLORADO 80201-8749
July 11, 1999
Re: Hill House Condominiums
by ii, R c&*,-\ -)Ao
TELEPHONE (303) 295-SM
FACSIMILE (303) 295.8261
JEssE B. HEATH
(303) 29"570
(303) 672-0373 Fax
Iheath@hollandharl.com
After we met with you last week, I reviewed the Condominium
Declaration, the Third Amended Plat, various deeds and other documents.
When we bought our home, which is Unit B, I wanted to eliminate the
condominium, separate Unit C and establish a townhome regime for Units A and
B. Lee Pardee, who along with Randy Wedum developed the Hill House
Condominiums, said this would be a subdivision and would be very time
consuming and difficult to accomplish. As an alternative, I initiated the Third
Amendment to the Declaration, an amendment to the Bylaws and a Fourth
Amended Plat in order to achieve as much separation of responsibility as
possible. Nonetheless, the condominium regime remains in place.
The Declaration created two condominium units for the then existing
duplex, Units A and B, and provided for a third unit, Unit C, along with an
undivided interest, as tenants in common, in the Common Elements. It made all
the land (Lot 1 and Lot 2) subject to the Declaration. The General Common
Elements were defined as all the property except the space in the individual
units. The Declaration also provides in paragraph 3 that the new Unit C "shall
be subject to all the terms and conditions of this Declaration and to
condominium ownership hereunder pertaining thereto."
Paragraph 6 of the Declaration states that each deed may legally describe
a condominium unit by identifying its unit number with a reference to the Hill
House Condominiums, the Declaration and the Map. When so described, it will
be sufficient to sell and convey the unit and the appurtenant Common Elements.
Our deed, and presumably the Ulhorn's deed, did just this. On the other hand,
your deed, and at least the two deeds in your chain of title before yours, refers
to Lot 2, Third Amended Plat, Hill House Condominiums, without a reference to
HoLLAND & HART up
A=RNIEYS AT LAW
Mr. William B. Wiener, Jr.
July 11, 1999
Page 2
Unit C. Clearly, your grantor had no authority or ability to convey Lot 2. Your
grantor could only convey Unit C and its one-third of the General Common
Elements. I assume this was a perpetuated error, resulting from the failure of
your predecessors in title to read and abide by the Declaration. This error can,
of course, be corrected.
Your deed, as you know, was expressly subject to the Declaration, as
amended, the Bylaws and the Third Amended Plat. The Third Amended Plat
shows Lots I and 2 as a part of the Hill House Condominiums. Paragraph 3 of
the Declaration provides that: "The Common Elements shall be held in common
by the owners thereof." Paragraph 5 of the Declaration says that each unit and
its undivided interest in the General Common Elements and Limited Common
Elements are inseparable and may be conveyed only as a condominium unit.
Paragraph 9 provides that the "Common Elements shall be owned in common by
all the owners of the condominium units and shall remain undivided, and no
owner shall bring any action for partition or division of the Common Elements "
Thus, it is very clear that you cannot convey or encumber any part of Lot 2 or
any other Common Elements, except an undivided interest in connection with a
conveyance or encumbrance of Unit C. Your use, as well as our use, of the
Common Elements is subject to and limited by the Declaration.
You want to add on to your house on the basis of your ownership of
Lot 2 As previously discussed, you do not own Lot 2 and cannot use any of the
commonly owned property for this purpose.
I would still be in favor of eliminating the condominium regime, if it can
be done in a way which would benefit all the owners. For example, if Lot 2
could be conveyed to you, with the right of all owners to use the tennis court
and land across North Spring Street, and Lot 1 could be conveyed to us and the
Ulhorns, such that we all would be entitled to additional FAR, this is something I
would consider. There may be other options which would benefit all the owners.
You asked about copies of Association minutes and the name and address
of its President. There has been no Association meeting or election of officers
since we have owned Unit B, nor has there been any reason to have a meeting
The few things that have been done have been done informally, such as the
maintenance of the tennis court and surrounding land, which, to my knowledge,
has been paid for solely by the Ulhorns and Heaths.
HOLLAND & HART LLP
ATTORNEYS AT LAW
Mr. William B. Wiener, Jr.
July 11, 1999
Page 3
I will await your response and will assume that you will take no further
action regarding the land exchange, use of Lot 2 FAR or otherwise with respect
to the Common Elements, unless and until all the Owners otherwise agree.
Sincer yours,
sse B. Heath
of Holland & Hart LLP
JBH/kr
cc: Mr. and Mrs. William V. Ulhorn
DENVER:0930196.02
MEMORANDUM
To: Joyce Ohlson, Deputy Community Development Director
Tliru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer
Date: May 21, 1999
Re: Wiener/Sheffer Lot Line Adjustment
The Development Review Committee has reviewed the above referenced application at their May
19, 1999 meeting, and we have the following comments:
General — (1) These comments are based on the fact that we believe that the submitted site plan is
accurate, that it shows all site features, and that it is feasible. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering Department. This is to halt
complaints related to approvals tied to "issuance of building permit." (2) If there are any
encroachments into the public right-of-way, the encroachment must either be removed or be subject
to current encroachment license requirements.
1. Since the plat amends an existing platted lot, the title should be the next amendment of the
original platting of that lot.
2. Provide a note that states the nature of the amendment and that in all other regards, the original
plattings remain in full force and effect.
3. Sheet 1 of the plat must also indicate the previously dedicated public right-of-way, and the
owner certificate needs to rededicate the right-of-way and any easements. Label the Spring Street
edge of pavement. Dedicate an easement for the portion of Gibson Avenue pavement on the
Sheffer parcel. A plat note may state that the owner understands that in dedicating this roadway
easement, the F.A.R. for the lot will not be affected. State the nature of the existing 25' easement
on the northerly side of the Sheffer parcel.
4. Both parcels must be fully monumented prior to signing the final plat.
5. Indicate Wiener property as Lot 2, Hill House Condominiums. The lot lines presented do not
agree with the third amended plat. There is line symbology on the plat that is unclear and is not
t
explained in the legend. Indicate Sheffer property as unplatted if unplatted. Indicated adjacent
parcels with dotted lines for lots and labels for subdivision lots or unplatted. Indicate mean high
water line and 100-year floodplain line. Indicate areas of Sheffer parcel to 0.001 acres. Label the
street name as North Spring Street. Legal descriptions for each parcel must be the description after
the current, proposed amendment.
6. The City Engineer approval certificate needs to include language accepting dedication of
easement for Gibson Avenue pavement and re -dedication of Spring Street right-of-way.
7. The parking space on the Wiener parcel needs to be indicated with a dashed line rectangle and
dimensioned at 8%2 x18', and the driveway to the parking space needs to be labeled driveway.
8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920-5120)
-r for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes ,street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from the city community development department.
DRC Attendees
Staff: Joyce Ohlson, Ed Van Walraven, Rebecca Schickling, Ross Soderstrom
99M67
MEMORANDUM
TO: Joyce Ohlson, Community Development Deputy Director
FROM: Sara Thomas, Zoning Officer
RE: Wiener/Sheffer Lot Line Adjustment, 701/707 Gibson Avenue
DATE: May 17, 1999
The Wiener parcel, at 701 Gibson Avenue, is located within the R-30 PUD zone district
and is subject to the following dimensional requirements:
- Front yard setback — 25 feet
- Rear yard setback - 15 feet
- Side yard setback —10 feet
- Height — 25 feet
- Floor area — sliding scale based on lot area.
This parcel was granted a front yard setback variance by the Board of Adjustment in
March of 1984 allowing the garage portion of the structure to be located approximately
three feet (3') from the front property line and allowing the residential area of the
structure to be located twenty feet (20') from the front property line. Any expansions or
enlargements within these portions of the structure must comply with current zone district
setback requirements.
To determine the permitted floor area for this parcel the following shall apply:
For the purposes of determining permitted floor area, lot areas shall include only areas
with a slope of less than 20%. Half (.50) of lot areas with a slope of 20-30% may be
counted towards floor area; areas with slopes of greater than 30% shall be excluded. The
total reduction in floor area attributable to slope reduction for a given site shall not
exceed 25%.
Also excluded from total lot area for the purpose of floor area calculations is that area
beneath the high water line and that area within an existing or proposed dedicated right-
of-way or surface easement.
Phil Overe nder 09.42 AM 5/24/99 Wiener/Sheffer Lot Line Adjust
X-Sender: philo@water
Date: Mon, 24 May 1999 09:42:50 -0600
To: joyceo@ci.aspen.co.us
From: Phil Overeynder <philo@ci.aspen.co.us>
Subject: Wiener/Sheffer Lot Line Adjustment
Cc: chuckr@ci.aspen.co.us
Joyce,
I wasn't able to make it tothe DRC meeting on this one but noticed
something
on the site improvement survey that concerned utilities. There is an
existing 15 ft. utility esement on the Sheffer Parcel which contains
the
existing water main that serves the Oklahoma Flats area. On the site
improvement survey, there is a cross hatched area shown attached to
"House
701" with no explanation or legend. If this is an encroachment into
the
easement area, we should have this cleared up as a condition of
. gyp.roval of
- o....._--
the lot line adjustment. If it is not an encroachment, I need more
information as to what the cross hatched areas on_7=1 provement
survey
represents. Thanks,
Phil
Printed for Joyce Ohlson <ci.aspen.co.us> 1
MEMORANDUM
To: Joyce Ohlson, Deputy Community Development Director
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer �`n
Date: June 1, 1999
Re: Wiener/Sheffer Lot Line Adjustment
Concerning the location of Gibson Avenue as shown on the lot line adjustment plat, I made a copy
of the 1974 aerial photograph and enlarged it to the approximate same scale as the plat. The edge
of pavement of Gibson Avenue in the area of Wiener/Sheffer appears to be the same as in 1974.
Note that in 1974 the publicly used space would have been about seven feet beyond the edge of
pavement due to snow removal practices of plowing snow to the side of the road. In 1999, and
since the house was built, snow would not have been plowed to that side of the street.
The edge of the Gibson Avenue pavement therefore has been in its current location in the
Wiener/Sheffer area since at least 1974.
Cc: Nick Adeh, City Engineer
99M75
I
.Re Vo " 10:02 AM Sept la 1978 Reception I Loretta Banner Recorde-
� ` i o 354
CONDOMINIUM DECLARATION
P'O R
( TNE* HILL HOUSE CONUOkI`lILy
c
KNOW ALL MEN BY THEN•[. PRESENTS:
AL
WHEREAS, wECU+4 - PARIrEE GROUP, hereinafter cslied the
"Declarants", are the owners of the following described real
t property sitlate in the City of Aspen. County of Pitkin. State
of Colorado:
�. iarcr7 oS ?and ;: ;gated in the KE14 S'i of CCtinn 7,
±,t.st of the 6th T.-:rCi}gal t.'.eric3ir.n, `,-i ,r
mr,r a ftrllr c}r :cri't�cd s irllorr-s-
Fe-inninj; at 2 point on the Southerly Iine of that certain i:mac
{ l:ncz'n as tiro J.R. Slill:ar_s ranch ;zlrence the West i corner of s-
S�c:inn ? ':r .rs ?7'a5"
-b �' c:cst 22 :e.-t, (^Pins ?..
.ri .. .�.. ..� U� :`t-•jam *'-�i.:L .^.� the poin� O` t:ieginni nj:' in that r s
' 19 ..
2.47 fort alons said })cZ-
r ;2.39 fC. et
^.
`c.-.ce _ ...
Thence Souza 1Sc 3v',�" t;est 85.49 fees;
1.
;i `: Thence - th 890 2C' 00" t:est 8 . 22 feet;
Thence No. _h 040 12' �4" tics,, 1: o.8d feet;
T��nce '•:c_th 190 15,00" Sast ?2.00 feet;
T}:c-ce Nc th 43c 4--'00- East 40.38 feet; to a point on the centerline
Thence =0110: i :::id centc-line 20Z:.55 _feet alon,-, the arc cf* c
1 c:._ ,•e ;.o ..cof 1,133.00 feet, .he
—etch et! . _irca_ Sc:uth :2'231Ob^
.�
-cst 0S_v Sect -
Thence So;:th 55'SE•'2G" _:ast -13.10 feet:
Sc_:h 59'O:s'29" �ast E3.49 tee';
7hc11CC Sn'J`h (rD'00' ('0" t 103.61 feet;
R'•1 j':1C:rcc 2,07th .r.'S'JC" C; 0— Best 110" B2 -cct -
,� Thence South 25'00'00" post 113.E Sect to the point of
iCounty of Pitkin, State of Colorado,
WHEREAS, Declarants desire to establish a condo+ainium
project under the Condominium Ownership act of the State of
Colorado; and,
WHEREAS, Declarants have subdivided a duplex and oti:Pr improve- '
scents appurtenant thereto on the above -described property which
shall consist of two separately designated condominium units: and,
r WHEREAS, Declarants reserve the right to build a third
{ condoainiusc unit *(aingle family resident4al.unit) an t?)e site
designated 'Proposed Bailding,Site' on the re -corded s+a-p descibed
;z in paragraph 2 belowl and, r
' -- li1HElft S Declarants + hereby erutablLmb a plan for t :e j
Jar ovnerahip in fee simple of real property estates concir.t--L; of
• the area or space contained is each of the apasz:vent units in
4 the building improvement, and the co -ownership by the indivittual
and separate owners thereof, as tern nta in cowArin, of all of the
remaining real property hereinafter 6efined and referred to as -
the General Conwcon Eleseents i
o p, 5 co.VIVA-cA
Q va,,,�o�,�rz
C,- ���.
L -
t
.y
NOW, THEREFORE, Declararas hereby publish and declare
that the following terms, covena•its, conditions, easements,
restrictions, uses, limitations and obligations shall by deemed
to run with the land, shall ba a burden and benefit to Declarant,
Declarants'
heirs, personal representatives, successors, and
assigns ano any persons acquiring or owning an interest in the
;.T
real property and improvements, their grantees, successors,
heirs,
,.�
executors, administrators, devisees or assigns.
••
1. DEFINITIONS. Unless the context shall ex ressl Y
otherwise, the following dfinitip
providc g definitions shallapply:
P. Y
4
(a) 'APartme-it,''Apartment Unit," or "-n:t"
i
means an tndit•idual air space which is contained
within the unfinished interi: r surfaces of the
rerimetf-r walls, floors, ceilings, windows and
doors .end between cei1inns and roofs of the Dwelling
Units or proposed dwelling unit in the building as
shown on the Map and any amrr.ded Map to be filed for
record, tcoether with all fixtures and improvements
therein contained but not including any of the struc-
i
tural components of the building, if any, within a unit.
(b) "Assnciation" means that organization to be incorporated
as a non nrofit
corporation under the ia•en of Colorado
which all
owners o'_ units shall be ncnbcrs, and which
shill be characcl 1-ith the manac:enent and maintenance of
.,
the conOoniniun nro"erty.
Y.
(c) "Condominium Unit" means an apartmenu to-
gether with the undivided interest in
the General
and Limited Canon Elements appurtenant to such
apa r trmen t .
�t •
(d) "Owner" means a person, fir-, corporation,
partnership, association or other legal entity, or
any combination thereof, o-wring one or more cnn,loninium
units; the terra "Ow-er" shall not refer to any mortgagee,
as herein defined, unless such mortgagee has acquired
title pursuant to foreclosure or any proceeding in lieu
of foreclosure.
(e) 'Mortgage" means any mortgage, deed of trust,
or other
security instrument by which a condominium
Unit
or any part thereof is encumbered,
"Mortgacee" means any person named as the
-
mortgagee or beneficiary under any mortgage which the
interest of
any owner is encumbered.
(9) 'Common Elements" means:
(1) The real property upon which the building
is located.
"
(2) The foundation, columns, girders, beams
supports, lain walls, roofs, and wall' as shown
%"party
on the lag :
..�
j(3) Such partly or entirely enclosed air
maces as rr a provide' for.-ccc;=.-.ai t. or
_ s,_ ; n a
(4) All other partr of the proppertp
or convenient to Its existence, maintenance and safety
or normally in common use.
rn) 'General Common Elements" rwans those Farts of
'
the Common yleoents which are not designated as 'Limited
Ccaurxen Elements".
r -
L--., 354 M • . • W
.t._
r
f t) 'Limits-.'. Common Elemrnr..s' mean- those puts of
the Common Element% reserved for the erclusivv u!;c of
t::e Owners of less than all of the Condominium Units in
the building.
(j} "Entire Prer.,ise-s-, "Promises' "Project' or
,the
4
"Prnpprty" rn ans :inel includs-s t!rc lend,building
all ini,t.rvvments Arid ntructur— thereon, and all rights,
e:4-mant c rn3 ape urtt•ranccs b. lc -.,ling theretc—
r
f'
(1-) "Commm 1:xf+:•nr:crs' mom r •: an,i includ.•s:
+
(1 } A! 1 r.urr.; lawful:, asscsned .,n ii-isl the
rat Ccltnn<i.•1 f'l-r.-nt- .
,i
(2) of t r:ct inn .in,l m-tr;a,r'me t
t�
mu:ntnnar•;n, rri,: it or re( Inc. r• rt of the. Genera' Cocunc:l
Elemont
(3) f.r.pvtinc•s decl at .l c ninon efpennes by the
unit owners.
(1} 'Map' means the Cons:oniriitsi !tap referred to is
b
paragraph 2 below.
r°
(m) "Building" means the buildi" improvement com-
prising a part of th- property.
ci
2. C04DOMINILTM MAP. Declarants shall cause to be filed
F�
for record a !tap. The Map shall depict and show at lea!A the
Ail
followin • the le al descri tion of the lard and a serve- thereof-
9• g P
the building and the location of the units within the building,
both horizontally and vertically; the location of the proposed
building site; the perimeter boundary of each unit and the loca-
tion therein of any structural components or supportir.g elements
of the tuilding: the thickness of the common wall(s) between units
and the unit numbers or other designation. The Map shall contain
the dual certificate of a registered engineer certifying that the
Hap substantially de^icts the layout, measurements and location of
the buj!ding, the units, the unit des i,.9LlCMS, the dimensions of
such units, the elevation:: of the surfaces of floors and cei:tngt
as constructed and that the Map was prepared ^•ubsequent to substan-
tial completion of the improvements depicted.
In interpreting the condominium Map.the existing physical
bou:hdaries of each unit as constructed shall be conclusively
presumed to be its boundaries..
Declarants reserve the right to amend the IKap, from time
to time, to conform same to the actual physical location of the
constructed improvements and to any changes, modification or
alterations.
3. DIVISION OF PROPERTY INTO CONDORTW UR QUITS. She -
real property and improvements now constr or to be cotn—
strthcted thereon are hereby divided into the following fee
simple estates:
' 7�.o separate fee simple estates, plus a tkird proposed estate,
each such estate cortsistiat'of oae spartses+t -i r ie: •7i:L ms .
appurtenant vndivided interest is red to tie Coaa�saii.00a llemen s as is '
set forth on the attached Eskibit A. wchitck by t1is Tuftrp--m is m +)
A part hereof. T).e CON-0 Eleenets shall be bell Im came= by tM _
owners thereof, Said apartro t aunts are shown oe the 1ap and d mig-
listed Unit A (655 Gibson Avenue), Unit L (6" Sipriag Street). ao4 pro-
posed Unit C (6S7 Gibson Avenue).
Doclarants reserve the right to c"ntroct 'a t?!ird iscit (prope+sed Unit '
C) on the property, whicn unit. if constructed, s1.all be the property of Do-
clarants to kcrp or to sell as then desire. with --r ^roceeds to bay solely
�� 354 M 754
r- -
9 the yre�erty of Declarants. ^ravided, however, that if Declarants do not
obtain a building p+Tsit for said proposed unit within five (5) years from
y.;
tl-e date of recording of this Declaration, said right shall expire. More-
�4e in the event a building permit is so obtained. the unit shall be sub-
over,
stantially completed within two f_) rears of the date of issuance of the
i permit, except for causes beyond the reasora-,le control of Declarants.
` The rights so --served may l•e assigned to any other person(s) or entity
i by leclarants; any such assignment shall he files of record; any assignee
shall 'x bo-zml by the restrictions hereinabove set forth. To the extent
any owner(s) cf a unit shall be requlre-d by any governmental body to
execute any document in connection with the ;ranting of any permit or
shall he obligated
t-'
r application related to the-ropesed luii', '"'I orner(s)
their unit shall
herebl to do so, and their acceptance of a eed conveying
constitute their agreement hcret(.; provided. 'however, that Declarants
Co- Declarants' assignee, if appropriate) adc-znifv and hold har:less
any owner(s) from any liability or damage as i result of such execution.
1 The her emit ()fiat Cj shall be subject to all the terms and conditions of
this Declaration and to condcminium ownership hereunder pertaining thereto.
tk.rcover, upon ccx:pletion of the new unit ('.`nit C) the owner- and am uort-
Lagees of Units A and B shall, at the request of the owner of Unit C. connrey
by quit claim deed to the owner of Unit C. the air space enclosed by Unit
C as constructed, and an ur'ivided 16-I/3. Interest each in and to the
General Corwxm Elements. and their mccertar.ce of a deed eonve%ing their
unit (and/or deed of trust covering the sale; shall constitue their agree -
cent hereto.
4. LIMITED CaV40H ELEMENTS. A portion of the Co ----,on
.�
Elements is set aside arO reserved fo- the exclusive use
~� of the owners of each unit respectively, such areas being
t� the Limited Common Elements.
The Linited Ccx-rnon Elements reserved for the exclusive use
of the i-Jivid"al 0w,1rtr!; consist of the grounds and improver-ents
(other than the units) lying within the "Exclusive Use Areas"
sho'..n on the r.ao, w`zich shall, withont further reference, be
the Limited Co^:+on Elcrsents associated and ur-ed with the apart-
ment unit to which cash such Fxclusive Use area is assigned on
the Han- All Linited Common Elem:nits shall Lc used in _-ornectinn
with Lhe particular apartment un;.t to which it is a:Ssigncd o•n
the 14ap. to the ex. ' us ion of the use thereof by the owners of
other units except by invitation.
S. ICI_Cpait�,IIILITY OF A UNI•r. Each unit and the undividc-d
interest in ':he General Common EI,n,:�nts and the Limited Cotamon
Elements, if any, appurtenant the -eta shall be inseparable and
may be conveyed, leased, encumbered. devised or inherited only
as a condo=inium unit.
6. DESCRIrTIO`1 OF A CONDCMINIum UNIT. Every deed, lease,
rortgage, trust deed, will, or other instrument may legally
describe a condowinivaz unit by its identifying unit number.
followed by the words, The ]fill House Condominiums.
with reference to the reeorded Declaratioa and hap. Eve_ry,such
description shall be deemed good and sufficient for all purposes
to sell, convey, transfer, encum)er or otherwise affect not only
the unit but also thu Common Elements apprtenant thereto- Each
such description shall be construed to include a non—exclusive
ease>aent•for ingress and egress throughout the Condon Elements
together with the right,to;.tbe use of the Limited an Elcazeats h
a =tcnant thereto tb'.tlst:"eacclusion' o- all third patties not
lawfully entitled to nse th!'staae
SEPARATE ASSL'S 'i•' XXD yTF.7C�'"Z-'u7>^3CE ^O 1. Z
DeclarantLshall give written notice to the assessor of Pit) -in
County, Colorado, of the creation of oondo=iniva otirn^rssaip of
this property, as is provided'by law, so that each unit and the
irLLarests appurtenant thereto shall be deemed a serzarabe pz-reel ;
and subject to separate assessments and taxation-
.
t.4--
S 8. TITLE. A condominium unit may be held and owned by
j more than one person as joint tenants or as tenants in comnon,
or in any real pro-,,erty tenancy relationship recognized under
laws of Colorado.
9. t70;7PART ITZOvARILITY OF GE:7= FJ11, CONM0D1 FT.-'!E7 TS. The
CO.-,:nonF.lr��nt� shall be owned in cu-.non by all of the Owners
of the c9ndominium units and shell re^nain undiviCed, and no
owner shall bring any act -on for partition or division of the
Cor,-^on Elem?nts. By the acceptance if hi -deed or other instru-
rent of conveyance or assignment, e:,ch owner specifically waive,
his right to institut._ and/or maintain a partition action or any
other action de_:igzed to cause a division of the corer -on eleaen+_s
and each o:rn^r :;Pecifically agrees not to institute any action
therefor. Ft.rthr-r, each o:+r,,-r agr, er: that tnis ^.action 9 nay
be pleaded as a L3r to the maiutc:nncr. ofsuch action. A vio-
lation of this provi.iorr shall c^title the Association to
personally collect, jointly and ccv.•r:,lly, frorn the parties
violating the sar,_, the actual attorneys fees, cos::s and
other damage the association incurs in connection therewith.
10. USE OF UNITS. LIMTTyD CO!'_"C), F,ch
owner shad be c tittr: to e xa lu-iv� o: nczshiF :'z : tras::essien
of hi:: apartr^r.t_ Each owner mz-y usa the limite-i cn-ron
eler..<_-nts in accordance with the purer•;e for which they are
intended, without hindering or encraaching upon the lawful
rights of the other ou-ners.
11. USF CIF' CO`^t7:: F:1.?'dL':TS; R i rF:?:-LQ'Y:,' F11 ;i?Ci :7 F.ach
owner s`ia11 !,r entLtl d to utie and• snc± a? 1 of tiz 'Ceneral Connon
Ele,n-nts,' includin^ use u` any r.�creltinnal facilities that -%ay
be hrcvi3.,:'., such as, picnic arras, pl.�,•:;round, tennis court, etc.
Should a tennis court be built, the owners rb rust obey the tennis
court rules and re gelation_; apPro:reel by the Hoard of Director!:.
Additionally, the owners of tuo adjoining parcels are hereby granted,
recreational casc:.vents by the Declarants for use of the tennis curt.
The owners of the adjacent parcels must rollow all hill iinuse tei,,
court rules and must pay a pro rats sham of the tennis court main-
tenance expense. The descriptions of t1�e parcels are as follows.
Parcel A:
A parcel of land situated in the Stta of Section 7, Township 10
South, Ran^:c 94 West of the Gth Principal «*eridian. Pithin Cosnty_
Colorado. Snid parcel is all of Lot 7, Block 5 of an nrra known
As O`clahoaa Flats and is -lore- fully of -scribed as follows:
Ek—Zinning at a point on the Northerly line of Frances Street, szid
point bein- the Southeast corner of said Lot 7 and also the South-
west corner of the barer property, vhe-nce corn-r No. 23 of Tract A,
Aspen Toansitc addition, being the sane as Corner No. 39 of _he Lt.z
Placer U.S. Survey No. 6755, bear•a S. 84'03'30^ E. 675.94 fret znd
whence the Southeast corner of raid Block 5 bears S. 74'30'03^ E.
125.00 feet; thence N. 74'30'00^ w. 7o.0 feet pore or less along
the Northerly lire of Frances Street to the Easterly edZe of the
Roaring Fork River;
thence X. 31'24'4R^-Ii.;-77,55 feet alone the Easterly ed;-e of said
river to the point of intersection vith the"�esterl czte_-ss:on of the
Sou�herly ;wine of a ,tract of land '•as,dcscribed is Hook 119 at Pare 220
xhcrscc S. 89'20100^ E. .131:Op Sect ."oCr ar les4�alcrug„the aforeaemtio3e
Iine to the FE corner of said Zot t ".:'raid Point --being era the lYeste> 1p
line of the )layer property; theTMce.S.'.25'30'90^ 1T. 86.51 feet alone ',.
the Westerly line of the )layer Dropertr to the point of beginning.
Country of Pitkin, State of Colorado -
+
A Parcel of land situated in the WEli SV4A o: 5cctlon !, roxns":-7
10 South, Rnn!:e R4 Kest of the 6th Principal '•'eridan, being
wore frilly descril.ed as follows:
$e.inning at a point on the Southerly line of that certain tract
?mown as the J.R_ williars:s Raa-.!� whence the Yes` i corner of said
Section. 7 bears North 55' 21' 55" 'rest 203G9.:,2 feet; (Being the
same point of brGirininv as the point of bet:iVnin-- in that Deed
recorued in hook 119 at Pz;•.c 220)
Thence North 15'00'00- Ez!!;t 113.E fes•t;
Themes -sou t h 59' 30' Fast 110.32 feet;
Thcnce North 0'O-V 00" 10t.61 feet;
Thence South 59'03'29" Fast 15.91 fc�t;
Thence South 55'29'50" Fast 69.fi0 feet;
Thence South 50'44115" Fust 30.67 feet; to : poin` on. the {westerly
right of way line of the Old Denver nrid Rio Grande Y..ailroad right-
of-way.
Thence following said ri4:ht of oar line 11.33 feet along the arc
of 3S4.30 feet; the chord
of a curve to the left hnvirg a radius;
of which curve bears South 15'50'18'• Es,;t 11.33 fee:; Thence North
=;
S9'20'00" !Kest 5.24 along said right-n'-way line;
Thcnce followin-aid right-of-way line 87.29 feet alonti the arc
di c% of 389 '10 feet • thr chord
of a curve to the left having a ra l4_.
of which bears South 22'52'4G" East S7.11 feet;
Thence South 29'18113" Fast 0.04 feet along said right-of-way line
to the point of inter::(ction with the Southerly line o1 said J.R.
Williams Ranch; Southerly
Thence North 89 l0 00 West 251-13 feet along: said y line
to the point of berinning.
County of �-rtkin. State of Colorado.
12. USE AM) OCCUPANCY_ Each condominium unit shall be
used and occupier! _solely for residential purpe:es, and except
as provided in this p,srigraph, no tracc or business of any
kind may be carried on therein. Lcane or rent,1 of a conao-
miniciz uniL for lolgin3 of residenti=i purposes shall not be
considered to be a violation of this covenv+t-
13. F.2\SF:117.%T: FOR F.NCr0AC11?1E::'.: If any portion of the
Corimon Elements now or hcre-a-:tcr encroaches: upon another apart-
ment unit as a result of the shifting or settlinq of the building,
or as a result of repair due to dano,c, destructis^n or condem-
nation, a valid easement for the enr-roachraent and for the main-
tenancca of same, so long as it stands, shall and does exist- If
any portion of an apartment unit nvw or hereafter encroaches
upon the Coarbn Elements or upon an adjoining apartment unit
ur units a.: a result of the shifting or settling of the building,
or as a result of repair due to danage, destruction or condesa-
nation, a valid easement for the encrr,achment and for the main-
tenance of same, so long as it stands, shall and does exist.
For title or other purposes, such encroachment and easements
shall not be considered or deternined to be encumbrances either
on the Conmoon Elements or the apartment units.
14. TERHINATICM OF MLL'H MIC'S LIEN RIGHTS AND It.'DE�'IFI0kTIO1Q-
Wo labor performed or materials urnished �-iucOrPOrated 1n an
apartment unit with the consent or at the request of the 0%-ner
thereof or his agent or his, contractor or subco:+tractor shall
be the basis for filing of a lien against the apartment unit of
any owner not expressly consenting to or requesting the same, or
against the Comnon Elements'awned by such other owners_ Each
owner shall indessnify and hold'barmless each,':of 'the other owaera
from and against all liability arising tram the Clain of any lien
against the apartment unit of any other owner o- against the
common Elements for contraction performed or fo- labor, mate-ials,
services, or other products incorporated in or ot._-.:ise attribntabl
to the owner's apr.rtmert nn:t at arch owner's request. Twat aoL-
withstanding the foregoing,.:iny rtortgagee of a condominium trait
who shall "Tome the e-"r of sash condominium unit pursuant to
a lawful .Dsure sale or t". takinq of a deed in Iiea of
foreclor 'I not be ander'anY r::�ligation to indemnif7 and hold
fl lam.. r.._ 1.4.7� n—?c?.. -n-ie r
i
{> 354 H 757
we
;-a. ADMINIST7ATION AND !'.ANAGMIENT. The admini ;tration
and management o this coix winium property shall be governed
by the Articles of Incorporation and By -Laws of the Association.
z
An owner of a condominium unit, upon becominq an owner, shall
s
be a be: of the P.ssocittion and shall remain a mc.^..'. r for
i
the p,riod of his ownership. The Association shall governed
by a Board of Directors as is provided in the Ry-Lames of the
1
Association.
\
�t 1
The Association shill be grant•:d all of thenowers necessary
to govern, manage, maintain, administer and regulate tl-;3
-�
condominium project and perform all of the duties required
of it. t:otwithstanding the above, unless One Hundrei Percent
(100-1)of the first mortgagFes of condominium units (based upon
F�
one vote for each first mortgage owned or held) have given
,l
their prior written approval, the Association shall not be
esppowered or entitled to:
by act or omission, seek to abandon or terminate
the condominium reg i _ae;
(b) partition or su'_xlivide any condominium unit;
(c) by act or omission seer to abandon, partition,
sub:livide, encumbrr, seal or transfer the ctraon
,}
elements;
a
t'
(d) use hazarfl ir:surance, proc^cds for loss to --.prove-
ments for vtht•r than rLn.tir, replacement, or
reconstruction of such i.?rovenents.
16. R£SERV..TION FOR ACCESS-MAIN-E`tANCE, REPAIR AND
officers,
EMERGENCIES. The Fssc^cation, tnrouyh its erectors or
have access to each apartment un-
to
r`•;=-
'
as the irrevocable ri:.t to
time during reasonable hours as BLay be necessary
from time to e
for the inspection, maintenance, repair or replacemnt o: any of
orforthC Making
the Comon Elements therein or accessible therefrom
mt damage won
therein necessary to preven
emergency repairs
Limited Common Elements or to mother condominium unit
Elements or
or units.
Jtt;z
Dauage to the interior of any part of a unit resulting
from aLaintenance, repair, emergency repair or replacement of
esergeTey repairs
e
any of the Common Elemnts or as a result of
unit of ar owner at the instance of another
within another
owner shall be a camaon elf-nse of all of the owners. provided,
however, that if such damage is the result of the negligence
be responsible
�i
of a unit owner, then such uzit owner shall
of the damaged
1 car all oi` sucb� -'lase ge; and . to c, resbaration
;a l3�ai:.coe�dit3oa prio. so t!►e.daaa4e
iaopravrneDtx
;F
?Ys 354 758
17. Mti-,,IER'S MAIhTMIANCE RESPm:SIBILITY OF UNIT, SALCONIES,
PARKING AND STORAGE AREAS. For purposes of maintenance, repair,
alteration and remodeling, an owner shall be deemed to own the
interior non -supporting walls, the materials (such as, but not
li-iited to, plaster, gypsum dry wall, paneling, wallpaper, paint,
wall and floor tile and flooring, but not including the sub -
flooring) making up the finished surfaces of the perimeter walls,
ceilings end floors within the unit, including the unit doors
and windows. The owner shall not be deemed to own lines, pipes,
wires, conduits, or systems (which f.- brevity are herein and
hereafter referred to as utilities) running through his unit
which serve one or more other units except as a tenant in common
with the other owners. Such utilities shall not be disturbed
or relocated by an own--r without the written consent and approval
of the Hoard of Directors Such right to repair, alter, and re-
model is coupled with the obligation to replace any fini.shina
or other materials removed with similar materials of substantially
cyual quality. An owner shall maintain and keep ir. repair the
interior of his own unit, including the fixtures thereof. All
fixtures and equipment installed within the unit commencing
at a point where the utilities enter the unit shall be maintained
and kept in repair by the owner thereof. An owner shall do no
act nor anv work that will or may impair the structural soundness
or integrity of the tuilding or impair any easrrment or heredita-
ment without the written consent of the Board of Directorsof
the Association, after first proving to the satisfaction of the
Boar,i of Directors that such work or act rill not impair structural
soundness and that suQh work or act shall be done or performed in
a workmanlike manner. Any expense to the Board of Directors
for investigation under this Paragraph 17, including but not
limited to the engaging of a structural engineer, shall be for
the account of the owner seeking the consent- The decision of the
Board of Directors shallnut be subject to review and shhall be subject
only to their absolute discretion. An owner shall also keen
the balcony area appurtenant to his unit in a clean and sanitary
condition and free and clear of snow, ice and any accumulation
of water. All other maintenance or repairs to any limited i
common elements (unless necessitated by the negligence or mis-
use of a unit owner, in which case such expense shall be ;
charged to unit owner) or except as caused or permitted by
the owner shall be at the expense of the Association-
18. COMPLIANCE WITH PROVISIO%S OF DECLARATION, BY-LAWS
OF THE ASSuC:LATION_ Each o rper sha71 co•ap y strictly with the
provisions of this Declaration, the Articles of Incorporation
and By -Laws of the Association, any! 't- d-cisions and resolutions
of the Association adopted ;• i- e":i t=.iereto as the same may be
_ lawfully amended from time _o time. Failure to comply with
any of the same shall be grounds for an action to recover sums
due for damages, or for injunctive relief or both, and for reim-
bursement of all costs and attorney's fees incurred in connection
therewith. which action shall be maintainable by the Hoard
of Directors in the name of the Association in behalf of the
owners or, in a proper casei.br an aggrievmd Owner.
• _- k - . - .. 1 �. _ . mow'*•
»C.
r-x#Ohl`! f-,. 759
4
19. PEVOCATION OR AMENDMENT TO DECLARATION. This Declar-
'i ation shal not revo.:e nor 9TIIII any�e provision:. here=n
be amended unless the owners of all the units, and all of the
holders of any recorded mortgages or deed of trust covering or
affecting any or all condominium unitn,consent and agree to
such revocation or amendment by instrt:ment(s) which shall be
duly recorded.
20. ASSESSMENT FOR COMPON EXPENSES. All owners shall be
obligated to pay tie assessments, eiti:cr estimated or actual,
aI imposed by the Board of I)irectnr:of the Association to meet
the common expenses. The assessments shall be made according
to each owner's percentage interest in the common elements.
' In the event the ownership of a condominium unit. by grant
from the Declarantr,co:mnences on a day other than the first of
the month, the assessment for that month shall be prorated.
The assessments made for common expenses shall be the sum
which the Board of Directors of the Association shall on a monthly
basis deterrine is necessary to be paid by all of the condo-
minium unit owners to provide for the payment of all estimated
expenses growing out of or connected with the maintenance, repair,
operation, -eplacements, additions, alterations, and improvements
of and to the common elements, which may include, but shall not
:! be limited to, expenses of management; taxes and special assess-
ments until separately assessed; premiums for fire insurance with
extended ccverage and vandalism and malicious michief with en-
dorsements attached issued in the amount of the maximum replacement
value of all of the common elements and condominium units (including
all fixtures: interior walls and partitions; decorated and
finished surfaces of perimeter walls, floors and ceilings;
doors, windows and other elements or natcrials comprizing a
part of the units); casualty and public liabilit:+ and other
insurance premiums; landscaping and care of grounds; co=imon
lighting and heating; sever charges; legal and accounting
fees; expenses and liabilities incurred by the Doa_d of Directors
by reason of this Declaration and the By -Laws of the Associ-
ation; for any deficit arising or any deficit remaining from
a previous period; the creation of a reasonable contingency
reserve for the repair; maintenance and replacement of those
Common Elements which must be replaced periodically, working
capital, and sinking funds as well as other costs and expenses
relating to the general common elements. The omission or
failure of the Board ofCl'_rectors to fix the assessment for
any period shall not be deemed a waiver, modification or
a release of the owners from their obligation to pap the same.
21 . INSUM4CE.
(A) The Board of Directors of the Association shall obtain
and maintain at all tiiaez, to the extent obtainable, policies in-
volving standard premium rates, established by the Colorado
Insurance Commissioner, and written with companies licensed to
do business in Colorado and baving a Dest's Insurance Report
rating of AAA.isr better'coveriaq`the'r3sks;set forth below. The
board of Directmrz ' O the Association shall � vot'obtain any policy
under the terms. of..;tbe-;ansurance coapaap't clsarter,
bylaws or polity. coatributivns"ar assessar_r�ts may be �.
against the mortgagor or mortgagee's designee; or (ii) by the
term of carrier's charter, bylaws or -policy, loss pays+ents
'
are contingent upon action by the c =pany's Board of Directors,
;x
policyholders or w cabers; or, .(IJU) the policy includes any
limiting clauses (other than insurance conditions) which could
V •
A
-
r
prevent mortgageez or the mortgagor from collecting insurarce
proccce.s. The types of coverages to be obtained and risks
to be covered are as follows, to wit:
(1) Fire insurance with extended coverage and
all risk endorsements, which erdorsements shall include
i
endorsements for vandalism and malicious mischief, with
i
a minimum endorsed amount of $50,000 Per accident per location.
Said casualty insurance shall insure the entire condominium
•i
project and any property, the nature of which is a common element
>;
(including all of the Units, fixtures therein initially installed
by thu Declarants but not including furniture:, furnishings or other
F�<
personal property supplied by •-%r installed by Unit owners) togethar
with all service equipae•nt contain-ed therein in an amount equal
to the full replacement value, without deduction for depreciation.
All policies shall contain a standard non-contributory mortgage
clause in favor of each mortgagee of a Condominium Unit, which
shall provide that the loss, if any, thereunder, shall be payable
to The }sill House Condominium Association, Inc. for the use
and benefit of mortgagees as their interest may appear.
(2) If the condominium project is located in an area
identified by the Secretary of Housing and Urban Development as
an area having special flood hazards and the sale of Flood In-
surance has been made available under the National Flood Insurance
Act of 1968, a 'blanket' policy of flood insurance on the condo-
minium project in an amount which is the lesser of the maximum
amount of insurance available under the Act or tl:e aggregate of
the unpaid principal balances of the mortgages on the Condominium
�i
Units comprising the condominium project.
►�
(3) Public liability and property damage insurance in
such limits as to the Board of Directs of the Association may from
time to time determine, but not in an amount less than $500,000
per injury, per person, per occurrence, and liability
limits of $100,00o per occurrence, covering all claims for
property damage. Coverage shall include, without
limitation, liability for personal injuries, operation of auto-
mobiles on behalf of the Association, and activities in connection
with the ownership, operation, maintenance and other use of the
project. Said policy shall also contain a 'severability of
interest endursement'.
(4) Workmen's compens.ition and employer's liability
insurance and all other similar insurance in respect to employees
..
of the Association in the amounts and in the forms now or hereafter
required by law.
(5) The Association nay obtain insurance against such
other risks, of a similar or dissimilar nature, as it shall deem
appmpriate with respect to the project, including plate or other
,_".•..
glass insurance and any personal property of the As so_iation loeate.2
'h
thereon. -
(B) All policies of insurance to the extent obtainable
G..
shall contain waivers of subrogation and waivers of any defense
based on invalidity arising from any acts of a Condominium unit
owner and shall provide that such policies may not be cancelled
or modified without at least ten (10) days prior written notice
W;�•'.
to all of the insureds,,including mortgagees. Duplicate originals
of all policies and renewals thereof;.together wit2; proof of
` �y
,..K•
payments of pres►iums, shah D! delive .ft3 to all s+ortga,tes it
r-
least ten (10) days prior to ear?iration of the then current
F
j
`eL
policies. Zlxe insurance s1mll be ca�i L� blanket fog nusisq
• . •j '
The Hill Arose Condominium Association_ Inc. as the insured,
f
o�
as attoraep-in-fact !or all of the 6 iaivm Unit owners,
r
which policy or policies shall identify the interest of each
Condominium Unit owner (owner's Dane aid 0ait Auaber designation)
and first mortgagee.
r.
�j !
L,c,,� I':: 161
(c) Prior to cbtaining any policy of fire insurance
or renewal thereof, the Board of Directors of the Association athall
obtain an appraisal from a duly qualified real estate or insurance
appraiser, which appraiser shall reasonably estimate the full
replacement value of the entire condominium proje,t, without
deduction for depreciation, for the purpose of determining the
amount of the insurance to be ef`r-cted pursuant to the provisions
`
of this insurance paragraph. In no event shall t}e insurance
-�
policy contain a co-insurance clause for less than ninety percent
(901) of the full replacement cost. Determination of maximum
replacement vale shall be made annually by one or more written
appraisals to be furnished by a person knowledgeable of replace-
��
ment cost, and each mortgagee shall be furnished with a copy
1
thereof, within thirty (30) days after receipt of such written
appraisals. Such amounts of insurance shall be contemporized
'
annually in accordance with their currently determined maximum
_i
-;�
replacement value.
I
s;
(D) Unit owners may carry other insurance for their
benefit and at their expense, provided that all such policies
shall c,intain waivers of subrogation, and provided further that
the liability of the carriers issuing insurance obtained by the
Board ofDi:ectors shall not be affected or diminished by reason
of any uch additional insurance carried by any Unit owner.
.'i
(E) Insurance coverage on furnishings, including
carpet, draperies, oven, range, refrigerator, wallpaper, disposal
and other items of persc—1 or other property belonging to an caner
and public liability coverage within each Unit shall be the sole
and direct of the Unit owner thereof, and the
Board of Directors and the Association shall have no
_esponsibility therefor.
(F) in the event that there shall be any damage or
destruction to, or loss to a unit which exceeds $1,000 or any
K damage or destruction to, or loss to the common elements which
exceeds $10,000, then notice of such damage or loss shall be
given by the Association to each first mortgagee of said
Condominium Unit within ten (10) days after the occurrence
of such event.
22. 01-MERS' PERSO%AL OBLIGATION FOR PAYIMMT OF ASSESSMENTS.
The am,)unt of the zocmon expenses assessed against or incurred
on account of each condominium unit shall be the personal and
individual debt of the owner thereof. Suit to recover a money
judgment for unpaid common expenses shall be maintainable by the
Association or the managing agent, or any aggrieved owner without
foreclosure or waiving the lien securing same_ No nay
exempt himself from liability for his contribution towards the
common elements or by abandonesent of his unit.
23. LIEN FOR NONPAYMENT O? C-MMON EXPENSES. All sums due
but unpaid for the share of Coreaon Expenses chargeable to any
Condominium Unit, including interest thereon at eight percent
per annum, shall constitute a lien for the benefit of the
Association on such unit superior (prior) to all other liens
and encumbrances except: . . .
�- (a) Tax and special assessment liens on the
unit in favor of any assessing entity; and
(b) Ail *%=a ampaid wst a -.first' �iQrLgage or
first deed of trust of record, including -all unpaid
obligatory s=%s as may be provided by sacla ei►csm-
brance, inclociinig additional advances. refina.1cr.
or extension of thesa obligations made thereon prior
to the arising of such a Zisa_ �;'•
To evidence such lien:the Association by its officers ar.d
directors may, but shall not be required to, prepare a written
notice setting forth the amount of such unpaid indebtedness, the
name of the defaulting Owner of tl3e Condominium Unit and a
d4scription of the Condowiniam Unit. such a notice s5•.11 be
signed by the authorized representative of the Association,
and ray be recorded in the office of the Clerk and
Reo rder of the County of Pitkin, and state of Colorado.
Such lien for the Con.-)n Expenses shall attach from the date of
the failure of payment of the debt, and may be enforced by fore-
clnsure on the defaulting Owner's Condominium Unit by the Association
in like manner as a mortgage or deed of trust on real Property upon
recording of a notice or claim thereof. In a: y suciti`oreclosure
the defaulting owner shall be required to pay the costs and e.:-
:i
penses of such proceedings, the costs and expenses for filing the
notice or claim of lien and all reasonable attorney's fees. The
defaulting Owner shall also be rcy:;:r•-d to pay to :h Association
a reasonable rental fc,r the Condominium Unit during the period
:)f foreclosure, and the Association _,1,all Le entitled to a
receiver to collect the sarte. The Association shall have the
k
power to bid in the Condominium at foreclosure sale and to acquire
y
and hold, lease, mortgage and convey sar_.
i
+
The amount of the Common Expenses chargeable against each
Condominiums U-it and the costs and expenses, including attorney s
fees, of collecting the same shall also be a debt of the Owner
thereof at the time the same is uue. suit to recover a money
ju3gment for unpaid Corc-%on Expenses shall be maintainable without
foreclosing or waiving the lien securing same.
%A Any encumbrancer holding a lien on a Condominiums Unit may pay
i; any unpaid Common Expense payable with respect to such Unit, and
upon such payment such encumbrancer shall rave a lien on such Unit
for the amounts paid of the sane rank as the lien of his encumbrance.
24. LIABILITY FOR CO.` 14ON EXPENS- UPON TRAI.SF P, OF
COTIDeMINTIR4 UNIT. Upon payment of a reasonable fee not to
exccea ten riollc.s ani upon the written request of any Owner
or any Mortgaget or prospective Mortgagee of a Condominium
Unit, the Association shall issue a written statement setting
forth the amount of the unpaid Common Expenses, if any, with
respect to the subject Unit, the amount of the current r.�onthly
assessment and the date such assessment Tecornes due, credit
for advance payments or prepaiditer:s. including but not limited
to insurance premiu=s, which should be con^lusive upon the issuer
of such statement in favor of all persons ♦bo rely thereon in
good faith. Unless such request for a statement of indebtedness
is complied with within ten days, all unpaid Common Lxpenses
which become due prior to the date of making such request shall
be subordinate to the lien of the person requesting such statement.
The grantee of a condominium unit, except for any first
mortgagee who comes into possession of a condc-+inium rnit
pursuant to the remedies provided in its r ortgc: a or -feed
of trust, or becomees an o-.mer of a condominium unit pursuant
to foreclosure of its sort -gay - or by the taking -f a deed in
lieu thereof, shall be jointly and severally liable with the
grantor for all unpaid as_:sssents against the latter for his
proportionate share of the Common Expenses up to the time of
Ca
the gran: or conveyance, without prejl:dioe to the grantee's
right to recover from the grantor the -mounts paid by the grantee
w
thervforev provided howeverr? hat vpori payment.of a reasonable
?,ice
fee not to exceed tear dollars;' and upon written request, and
;
�-�
prospective grantee shall be entitled to a statement from the
owner of the other Unit, setting forth the ammr-t
if airy. with respect to the subject
of the unpaid assessae::ts.
Unit, the amount of the current monthly assessment and the date
that such assessment become: due, credit for. advanc-d payments
-.
f.i ....
� �•�
or for prepaid items,. inclodisrq but not limited to smear-e
re.
12
r
premiums, which shall be conclusive upon the issuer of such state-
t► meets. Unless such request for a statement of indebtedness shall
r
be complied with within ten days cf such request, they such grantee
shall not be liable for, nor shall the Unit conveyed be subject to
a lien for, any unpaid assessments against the subject Unit.
' 25. yORTGAGIt1G A COND014TNIUM UNIT - PRIORITY. An owner
' shall have the right from time to time to tortgage or encumber
his interest by dcnd of trust, r,)rtgagz or other se,-Lrity in-
has first and
strument. A first mortgage stall be one which
a
paramount priority under applicable law. -The owner of
cunciuminiL:a unit may create jun-'�)r mortgages, liens, or
., encumbrances or. the follow.Lng conaitions:
25.1 That any suc`� junior r+:�-tcages shall alwal s be sub-
ordinate to all of tile terms, conditions, covenants, restrictions,
kty uses, limitations, obligations, liens for common expenses and
Declaratiin, the Articles of
other obligations created by this
theIncorporation and the By -Laws
25.2 That the mortgagee under any junior mortgage shall
release, for the purpose of restoraticn of any irr.prover..ents
mortgaged premises, all of his right, title, and
upon the
in and to the proceeds under all insurance policies car=ied
interest
said premises by the Association. Such release shall be
upon
furnished forthwith by a junior mortgagee upon written request
of Directors of the
of one or more of the members of the Board
' Associatio::.
26. ASSOCIATION ALATTOMIF.T-IN-FACT. This Declaration does
hereby make :mandatory the irrevocable a?pointme rt of an attorney -
the condoniniu:n project
in -fact to deal with the improvements to
their condemnation, damage, destruction, or obsolescence.
upon
Title to any condominium unit is declared and expressly
made subject to the terms and conditions hereof, and acceptance
from
by any grantee of a deed or other instrument of conveyance
constitute
the Declarant or from any oun ez or grantor shall
All of
l: appointment of the attorney herein provided.
iirevucably constitute and appoint the Association
the owners
their true and lawful attorney in their name, place, and stead
the
for the purpose of dealing with any improvements within
damage, des-
condominium project upon their condemnation:;r
is hereinafter provided.
truction, or obsolescence, all as
- in -fact, the Association by its President and
As attorney
Secretary/Treasurer shall have full and complete
deliver
si
authorization, right and power to wake, execute and
instrument with respect to
any contract, deed or any other
a condominium unit owner which are necessary
the interest of
and appropriate to exercise the powers herein Scanted. Repair
'•
and reconstruction of the improvements as used in the succeeding
improvements to substantially
imp
subparagraphs means restoring the
in which they exirted prior to the damage,
::'•-_.;
q the same condition
and the general and limited coon elements
with each unit
the same vertical and horizontal boundaries
having substantially
The proceeds of Any insurance collected shall be
'
as before_
to the Associaticn for the purpose of repair, zestora-
available
less the owre_a and alovisionset first msa gees
tion, or replacements unforth
not.to rebuild in accordance watt+ the p-
agree
Hereinafter._y F:. 1 ,•: �. _ r ,
'naa
Z F. ! In the scoot' of damage o; destruction due to fire or
other disaste_, the insurance proceedsif sufficient to re-
be applied Ly the Assxiation,
consnts, shall
truct the lmpzovese
t.2 cease the repair and ' estoration of the
{
as attorney--in-fact,
v
.�t`�
Improvementa-
3X, 354 764
:4;.2 Notwithstanding the fact that the insurance proceeds
are insufficient to repair and reconstruct the improvements, such
damage or destruction shall be always pro=tly repaired and
reconstructed by the Association, as attorney -in -fact, using the
�t
proceeds of insurance and the proceeds of a special assessment
9
if the insurance proceeds are insufficient, to Le made against
all of the owners and their condominium units, unless all owners
and all first mortgagees of record at the time of reconstruction
.t
'j
agree not to reconstruct. Such assessment shill be a common
expense and made pro rata according to each owner's percentage
interest in the general co. on elements and shall be due and
payable within thirty (30) d:,s after written notice thereof.
The Association shall have full authority, tight, and power,
-
as attorney -in -.`act, to cause the repair or rezt-ration of the
improvements using all of the insurance proceed for such purpose
notwithstanding the failure or an own-_ to pay the assessment.
The assessment provided for herein shall be a debt of each
owner and a lien on his condo:-inium unit and may be enforced
and collected as is provided in paragraphs 23 rind 24. In
addition thereto, th^ Association, as attorney -in -fact, shall
have the absolute right and po6,t,r to sell the condominium
unit of any owner refusing or failing to pay such deficiency,
F�
within the time provided, and if not so paid, the Association
shall cause to be recorded a notice that the condominiu^ snit
of the delinquent owner shall be sold by the Association, as
attorney -in -fact, pursuant to the provisions of this paragraph.
=s
The delinquent owner shall be required to pay the Association
-�
the costs and expenses for filing the notices, interest on the
amount of the assessment at the rate of eight percent (8t) per
-�
annum and all reasonable attorneys' fees and costs incident to a sale.
The proceeds derived from the sale of such condominium unit
shall be used and disbursed by the Association, as attorney -
in fact, in the following order:
26.2.1 For payment of taxes and special assessments made
by the Association whether or not re=orded as lions as of
the date of si:lc and customary expense Of sale;
'6.2.2 For payment of the balance of 'he lien of any first
m^•_ tgage:
26.2.3 For payment of unpaid cont-on expenses 'other than
special assessment) and all casts, expenses, and fees incurred
by the Association;
26.2.4 For pdyment of junior liens and encumbrances in the
order of and to the extent of their priority: and
26.2.5 The balance, if any, shall be paid to the unit owner.
26.3 if the insurance proceeds are insufficient to repair
and reconstruct the damaged i::provesenrs. and if such damage is
determined to be more than sixty percent (601) of all of the
improvements in the condominium project, including landscaping,
roads, and utilities but not including land, and if the owners
representing an aggregate ownership interest of one Hundred Percent
(100t)or more, of the general cor-mon elements do not voluntarily,
within one hundred (100) days thereafter make provisions for re-
construction, which plan must have the unanimous approval or
consent of every first mortgagee, the Association shall forth-
with record a notice setting forth such -fact or. facts, and upon _
the recording of such: notice by ,the Association. the entire
premises, including ;ihe:damaged .pnrt and the undamaged past.
shall be sold by the`Assvtiation,as attorney -in -fact, for all
of the owners, free and clear of the other provisions contained
in this Declaration, the Condominium Map and the By -Laws. The
insurance settlement proceeds shall be collecby the
aAss
ii-
ation, and such ps shall be divided by tee
tion
according to each owners percentage interest in the. general
coasaon elements, and such div i l-d pro.'etds shall be Paid into
'� a
wY�'154 H�.765
separate accounts, each such account representing one of the
condominium units. Each such account shall be in the name of
the As=.ociation, and shall be further identified by the con-
dominium unit designation ami the name of the owner. From
each separate account the Association, as attorney -in -fact,
shall forthwith use and disburse .he total amount of each of
such accounts, without contribution from one account to another,
towzic the partial or full payment of the lien of any first
r.,crtgage anainst the condominium unit represented by such
s-yarate account. Thereafter, each su_h account shall be sup-
plemunted by the apportioned amount of the proceede derived
from the sale of the entire property- Such apportionment shall
be based upon each condominium unit owner's percentage interest
in the general comr.an elements. Th.� total funds of each account
shall be used acid disbursed, without contribution from one ac-
count to another, by the Associations, as attorney -in -fact, for
�.i
the same purpose and in the same order as is provided in sub-
pararlraph 26. 2. 1 through 2 6.2. 5 of t. ,.i rz paragraph.
..ny amounts accruing to the Association by virtue of such
paym••nts shall re paid into the acco•.tr:t of the other unit owners
not making such'payment apportioned ba.Ncd upon the unpaid owner's
percentace interest in the general com.ion elements.
26.4 If the owners representing an aagregate ownershio
interest of On= lh-arev (100%) or more of the general
cotrman elements adopt a plan for reconstruction, which plan
has the unanimots approval of all first mortgagees, then all
of the owners shall be b^und by the terms and other provisions
To of .uch plan. Any special assessment :wade in connection with
such plain shall be a common expense and made pro rata according
to each owner's percentage interest in the general coa.^ton
a elements and shall be due and payable as provided by the terms
of such plan, but not sooner than sixty (60) days after written
notice theroo`. The Association shall havz Lull authority,
rigt.t and power, ax attorney -in -fact, to cause the repair or
restoration of improvements using all of the insurance proceeds
for such purpose, notwithstanding the _`ailure of an owner to pay
the assessment. The assessment provided for herein shall be a
r debt of each owner and a lien on his cDn.lominium Unit and may
be enforced and collected as is provide-d in paragraphs 22 and
23. In addition thereto, the Association, as attorney -in -fact,
shall have the absolute right and power to sell the condominium
unit of any owner refusing or failing to pay such assessment
within the tame provided, and if not so paid, the Association
shall cause to be recorded a notice that :he condominium unit
of a delinquent owner shall be sold by the Association. The
_.
delinquent owner shall be required to pay the Association the
costa and expenses for filing the notices, interest at the rate
of eight pe_cct.t (8;) pe- annu= on the amount of the assessment
and .ill costs F-id reason_ble attorneys' fees. The proceeds
derived f_cu �_te sale of such coniominium unit shall be used
and disbursed by the Association, as attorney -in -fact, for
the same purposes and in the same order as is provided in
subparagraph 26.2.1 through 26.2.5 of this Paragraph.
26.5 The owners representing an aggregate ownership
interest of one Hundred Percent (100%) or more of the Ccimmon
Elements may agree that the Common Elements are obsolete and
adopt a plan for their renewal and reconstruction, which plan
x
must be unanimoaaly approved by all first mortgagees of record
at the time of the adoption of sach'plan prior to its implemen-
tation. If a plan for renewal 'of reconstruction is adopted,
notice of such plan sha17 be reoocdtd, gad t?je expense of renewal .:
and reconstruction shall be parable by all of the owners as
Common expenses; provided, however, that an owner wt a party
to such a plan for renewal or reconstruction may give written
notice to the Association within fifteen (15)•days after the date
of adoption of such plan that such unit shall be purchased by
.;
the Association for the fair ma -bet vane thereof. The
Association shall thr n have thirty day% (thereafter) within which
L
± 1 such plan. If such plan is not cancelled, t'le condo-
'r
to -ant-e ting owner shall be purchased according
minium unit of the "';"ea
to the following procedures. If such owner and the Association`;
can agree on the fair market value thereof, thwnssuuch sale
lf
shall 5e summated vithia thirty (30) daysthereafter.
the parties are unable to agree, the date when either party
notifies the other th<-t he or it is unable to agree with the
other shall be the 0minmencer-ent date" from which all periods
of time mentioned herein shall be mt•asured. Within ten (10) days
followirg tt.e commencrm,-nt date, each party shall nominate in
writing (an'-i give notice of such nomination to the other party)
an appraiser. If eithf•r party fails to ake such a nomination,
m
the appraiser nominated shall, within five (5) days after default
ppoint and associate with him anD*her
by the other part;, ;,
apprais^_r- It the two designated or selccte3 apprziisers e
unable to agree, they shall appoint ancther appraiser to be
if ty
umpire between them, if they can agree on suchrpereon• eviously
are unable to agree upon such umpire, each app p
appointed shall nominate two appraisers. and from the naves
of the four appzai^e-rdnb 1LheecT n^r inshall
thc preserccboflot
the
by thii^te
e appraiser aFP ,son waose name was so drz.•n shall
ot!cr appraiser, and thcr
e E
be the urns+ire. :he nominations from whoa the umpire is to
be drawn by lot shall be submitted within ten (10) days of the
failure of the two appraisers to agree, which, in any event,
shall not be later than twenty (20) days followin:the
appointment
of the second appraiser. The decision of the appraisers
to the fair market slue, or in as
the case of their disagreement•
ize shall be
then the decision of the uepfinal and binning.
The expenses and fees of such apprainers shall be borne equally
by the Association and the owner. The sale shall be consu=-sated
within fifteen (15) days thereafter, and the Association. as
attorney -in -fact. shall disburse the proceeds for the sa_.e ph
purposes and in the s.:-ve order as ispovedptnasuisbodfied
26.2.1 through 26.2.5 of this paragraph.
herein.
26.6 The ourners representing an aggregate ownership interest
or more cf `he Common
of one Hundred Percent (!���) �+ents are obsolete mad
Elements raay acree that the Cormol le
be sold. Any such plan for the saleOfthee con Ot record
a time
must be approved by all of the mortgagees
of the adoption of the plan- In F-Ach instance, the l�ssociation
shall forthwith record a notice setting forth such fact or facts,
and upon the recording of such notice by
the hssociation's
President and Secretary/Treasurer, the entire i rev �tsfor all of they
shall be soi3 by the AssQciation, a, attvrney-
Owners, free and clear of n this
the prop is ions pantas shall be
Declaration, the Map and By -Laws- The sales proceed
apportioned between the owners on the basis of each owner's
percentage interest in the general common elements,
Proceeds shalt be paid into separate accounts,
apportioned p condoaiiniass unit and '
each such account representing one me _
each such account shalA ww in the name of �� ussiitidesignation
shall be furthez t•:-entilied by the �� ite account. the :
and the Hama of t owner- From each separ
association, as attorney -in -fact, `•hall use and disburse the
ion
total am -aunt (of each) of such accounts, withousecoanii the
f rpc one account to anot.ee Aer, .for tsame PurPo2* .2 I t "v9gb 26 .2. S �.
same order as is pravided ia�ss�bpa=a4x��( �
of this para4rxph ,ti TiNI%•
;,; ,za •, continuance of
times auri.
at any time 0:�it to this peclaration, all or
the condominium ownership pu_
any part of the propertl __lab, I i be taken ar 000� by dal' public
of is lieu of or in avoidan
authority or.sold or otherwise disposed
thereof, the fallowing Prv+isicas shall apQll �� ;'.:. Yti
rr ---
i �•
�.� 354 • : 767 .�
(1) Proceeds. All compensation, damages, or
other proceeds O refrow, the suss of which is here-
inaf:er called the 'Condominium Award', shall be
�.T payable to the AssOCLAt-ioa, as attorney -in -fact.
(2) Comolete ^aking. In the event that the
entire ?roject is taken or condemned, or s-)Id or
otherwine disposed of in lieu of or in avoidance
,reof, the Condominium Ownership pursuant thereto
stall terminate. Ther Condemnation Award shall
be apportioned among the ownern on the basis of
each Own.-er's fractional interest in the Conxr:)n Ele-
ments, provided that if a standard different from
the valu(• of the property as a who'e is emploved to
measure the Condemnation Award in the negotiation,
judicial decree, or otherwise, then in determining
such shares the same standarl shall be emp!oy"d to
the extent it is relevant and applicable -
On the basis of the principle set forth in the
last preceding paragraph, the Attorney -in -Fact shall.
as soon as practicable determine the share of the
Condemnation Award to which each owner is entitled -
Such shares shall be paid into separate accounts and
distributed jointly, as soon as practicable, to the
unit owner and its first mortgagee of record at the time
of the distribution.
(3) Partial Taking. In the event that less than
the entire Project is taken or condemned, or sold or
otherwise disposed of in lieu of or in avoidance
thereof, the Condominium ownership hereunder shall
not terminate. Each Owner shall be entitled to a
share of the Condemnation Award to be determined in
the following manner: As soon as practicable the
Attorney -in -Fact shall, reasonably and in good faith.
allocate the Condemnation Award between compensation.
damages, or other proceeds, and shall apportion the
amounts sa allocated among the Owners, as follows:
(a) the total amount allocated to taking of or
injury to the Common Elements shall be apportioned
among the Owners on the basis of each Owner's fractional
interest in the Common Elements, (b) the total
amount allocated to --verance damages shall be apportioned
to those Condominium Units which were not taken or con-
demned, (c) the respective amounts allocated to the taking
of or injury to a particular Unit and/or improvements an
owner had made within his own Unit shall be apportioned
to the particular Unit involved, and (d) the total
amount allocated to consequential damages and any
other takings or injuries shall be apportioned as the
Attorney -in -Fact determines to be equitable in the
-_
circumstances. If an allocation of the Condemnation
Award is already established in negotiation, judicial
'
decree, or otherwise, then in allocating the Condemnation
Ave-d, the Attorne-V_J !-Pact shall employ such allocation
to the extent it is relevant and applicable. Distri-
bution of apportioned proceeds shall be disbursed as
shown as practicable in the same manner provided in sub-
paragraph 26 2 1 26.2.S of this paragraph!:
-
� •rr- sy:.,,X'ar :;,: �w a .�.. - ,,�:
(i) Reo anisation "�`Tn the event a partial
taking results AA�n4 of a complete Unit.
the owner thereof'automatically shall cease to be
an Owner ander this Declaratio'a ,
(S) Recon3tr fiction and Repair.:., Any reccostr'ucti-)n
and repair nec`�e ss ass itat c:o s tied shall ba qo s ed
Pare of paragrl
_
by the procedures specified in
s-.
1
�-Q 354 #�-;: 765
2 i. rEP.SJJAL PROPERTY FOR C0'-I1MON USE. The Board of b rectors
or any Owner m.ny, ith the consent of- aT1-Owners, acquire and
hold for the use and `>enefit of z11 the Condominium Ownarz,
r_
real, tangible and L:tangible personal propert-' and may dispose
of the same by sale or otherwise with the approval of all first
mortgage holders of re^ord at the time of sale, and the
+
benefiiial interest in any such property shall be owned by
the C'on,loninium. O:n,crs in the s11:10 prDportion as thc_r respective
interests in the Cor._ on Elementn and shall not 1w. transferable
except with a transfer to the tr,-.nsferee ownership of the trans-
feror's ben-ficial into:est in such property without any
reference thereto. Each Owner m:.;• vse such property in acer,rdance
with the perpc.se for which it is intended, wit).out `::rwdering
or encroaching :ipon the lawful tichts of the ot)^er Owners. The
�s
transfer of title tr. a Condominiu:^ Unit under foreclosure shall
entitle the pvrcha per to the l.er.ef icial :: tcrevt in sac`- personal
property associated with the foreclosed Ccndomin:;n ".'t.
28_ MAILItS OF NOTICES. Each Owner shall register his mailing
address with the other Oxners or Fard of Directors and all notices
of demands inters ied to be served up:)n any aver -hill be men: by
i.
either registered or certified mail, postage prepaid, ad3res cd
in the name of the oraner at such registcred nailing address. All
notices or demands intended to be served ::con the Otirners or Board
of Directors shall be given by registered t.r certified mail,
postage prepaid, to the registered address thereof. All notices
or demands to be served on Mortgagees pursuant heiety shall be
sent by either registered or certified mail, postage prepaid,
;dressed in the name of the Mort3agee at such address as the
I t tgagee may have furnished to the C .mers or Board of Directors in
writing. Unless the (Mortgagee so furnishes such address the
Mortgagee shall be entitled to receive none of the notices pro-
v'1cd for in this Declaration. Any notice referred to in this
Section shall be deemed given when deposited in the United States
mail in the form provided for in this Section-
29. PERIOD OF CO%ZDOMIiQZUM W?IEKSHZP. The separate condo-
minium estates created by the Declaration and the Map shall continue
until this Declaration i^ revoked in the manner and as provided in
Paragraph 19 of this Declaration or until terminated and in the
i ided in sub rad nobs 25. 3, 26.E, and 26.%R J of this
manner as s prow Pa
Declaration.
30. GENERAL. (a) If any of the provisions of this Declaration
or any paragraph, sentence, clause, phrase or w7rd or the application
thereof in any circumstances be inv•ilidated, such invalidity shall
not affect the validity of the remainder of this Declaration.
(b) The provisions of this Declaration shall be
in addition and supplemental to the condominium Ownership
Act of the State of Colorado and to all other provisions
of law.
(c) :.%wenever used herein, unless the context shall
otherwise provide, the singular number shall include the
plural, the plural the singular, and the use of any ge- 'er
shall include all genders.
. III WITNESS P, Declarants have duly exec=ted this
Declarations tbis���?
, 1973.
U.
CAMP
Sr: Jaxs. Pardee III. Psr�er ;
a1 R. r ..
,r L..��-/s+• .M.-. mow_ ..sir _ _ __+''•+aw.w, .w -.�.-'Md,�,,,^��sn� ria^ = �" r�°'�.�:. _...�-.. _ _ __c--�'-.
v�1
354 ::.: 769
STATE OF COURADO )
COUNTY OF PITKIN i
e foret*oi q instrument was acknowledged before me
=" this day of . 1978, JAKES L. PARDEE, III,
and JOHN P. hEDUP, as Partners of and f,,r :he MEDUH-rARDLE GROUP,
a Partnership.
?y Commission expires:
1(IT us ay hand and offiul seal.
,•ti\ 'r�. � /,ri,' L•Ci1 Cat. �1 (�•0 �^-'c-•-`�
Xot&ry c
354 fta770
EXHIIIT A
CONDOMINIUM DECLARATION
'ME IIILL 110USE CONVaI!'.M'W
(1) Prior to Completion of Proposed Unit C
UNIT NO. LLNDI%'InED INTEREST IN XND TO THE
GENEkAL COWION
A 501.
a
(2) After Czaplation of Proposed Unit C
MIT NO. UNDIVIDED I.TrEREST IN JLND '.M 711E
GENERAL COKION ELDOEEKTS
33-1/3%
A
C
33-1/31
-ep
V-0
SA
w-'j,
:ti�x
i
FIRST AMENDMENT TO S �
v
CONDOMINIUM DECLARATION c• �,.'.
C�D
FOR
Vo i•
THE HILL HOUSE CON DOM!NIUl�llt
Q. m
WHEREAS, the undersigned are all of the owners and
holders of any recorded mortgage or deed of t_ust, and
WHEREAS, they desire to ar+c•nd the C,,ndominiLm Declaratiun
for The Ili il Eiuuse Condominiums recorded in Buok 334 ,at Psyu 7ji
of the Pitkin County recurds, and
WHEREAS, such amendment would benefit the owners of the
units,
NOW, THEREFORE, the parties hereto do hereby consent to
an amendment to Paragraph 3, as follows:
1. The first full sentence on pace 4 of the Declaration
shall be amended to read: 'Provided, however, that if Declarants
do not obtain a building permit within ten (10) years "rum the
date of recordinq of this Declaration, said right shall expire."
2. Except as so amended, the Declaration shall remain
yin full force and effect.
IN WITNESS WHEREOF, the following have executed this
interest on the dates indicated in the acknowledgements set forth
below.
i�
Owner, Unit A C>'"+n fr, Unit B
` MORTGAGEES OF UNIT A MORTGAGEES OF UNIT B i
/ Aspen Savings and Loan Associa=
l �'I• ��• . tion
W.O. Conyers
.. c Al_ :
Suzanne (M.�Conyers Pitkin County Bank t rust Co.
BY:
STATE OF COLORADO)
ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me by James L.
Pardee, III, as owner of Unit B, The Hill House Condominiums,
Pitkin Count•i, Colorado.
Witness my hand and seal.
My commission expires �.
r.
Notary 1c
Address:
ILYJ
� � ,�., •�� ��6 it
d
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a-,* 442 'x4567
STATE OF CALIFORNI'.)
. ss.
COUNTY OF ORANGE )
The foregoing was ackr,.,wledged before me by Robert P.
Gillman and Eleanur Gillman, uwn,�rs of Unit A, The Hill House
Condominiums, Pitkin County, Colorado.
Witness my hand and seal.
My commission expiresNis kWN
sw - .•
UU�C� et i. r i i. - •Ac ...
am "`C"=t'" Notary Public
�rw.m fsse:oR ). 1!M Address: i 9r 4 w •3e,•
STATE OF COLORADO)
ss.
COUNTY OF PITRIN )
The foregoing was ack5nvwledged before me by r;
'ir u rr r- 1.1 as _ j')c� �„ of Aspen
.":vingA ahJ Loan Association.
., Witness my hand and seal.
s My commision expires
�.
�4" • ' Notary PJibllc
Address:? _ y- Al. /i:!
6TATE OF COLORADO)
ss.
.COUNTY OF PITRIN )
The foregoing was acknowledged before me by ,
_ . as of Pitkin Count�
:. Banx and 'rust Co.
_ Witness my hand and seal.
+► My commission expires Of
Notary Public
C Address: �• r: ^e- %
STATE OF IOWA
Ss.
COUNTY OF POL1C )
The foregoing was acknowledged before me by W.O. Conyers
and Suzanne M. Conyers.
Witness my hand and seal. ;c t
My commission expires
Nutar- Pub.:c
Address: `• �� ^ •'�
- 2 -
. �.. ..era .....�... ..`}.. �.
Second Ame ..L-rent fo pax 473 mg789
Condominium Det.ilration, Cif
1'117 MILL 110L'SF, C:ONDOMI!111,`i5
The undersigned being; all of the owners and mortgagees of
THE HILL HOUSE CONDOMINIUMS as created by and described in the
Declaration dacedse• .�r..Aer 1 �% 19?'3 recorded at
Book 354, Page 751 of the Real Property Records of Pickin County,
Colorado and James Lee Pardee, III as owner of the Parcel A on
j
Page 5 of the Declaration hereby amends the Declaration as follows:
1. Parcel A as described in Paragraph 11 on Page 5
} of the Declaration is changed to the parcel of land
described in Exhibit "A" attached hereto and made a
part hereof so that the owner of the land described
in Exhibit "A" shall have the right to use the
recreational facility of THE HILL HOUSE CONDOMINIUMS
as described in the Declaration including the tennis court.
2. Parcel A as originally described in Paragraph 11
on Page 5 of the Declaration shall have no further
rights to use the recreational facilities of THE
HILL HOUSE CONDOMINIUMS.
3. Except es expressly modified hereby the Declaration
as amended by the First Amendment recorded at Book "2
Page 566 of tke Real Property Records of Pitkin County,
Colorado remains in full force and effect.
''O r
y F 'L•'C11 D th ; s a` day of Augils t. 198.4.
2
'.lime r ,ue, ill as fi0Z tof--
owner of Unit '. 6 C and as Un t B
the owner of the original f
tract A described in Paragraph
11 on Page 5 of the Declaration Unet B Gillman, owner o
The undersigned mortgagees of the property consent to and
approve the Amendment.
ASPEN SAVINGS
& LOAM AS TZON
By:
PITKIN COUNTY
y.":K & TRUST CWANY
J
N
j T
N
CCC
B, K'OF ASPEN
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` 473790
A1j)lll�• SJrwry�
Exll I BIT >�
New Wedwn Tract !�•
nl:::: it r•riou
A T14AlT OF LANU SITUATED IN THE N£ 1/4 SW 1/4 OF
tiEC"1'I:rN 7, TUMNS}i1P 10 SOUTH, RA14CE 84 WEST OF :HE
6'rll P. M. , 11ITXIN COUNTY, COLORADO BEING MORE FULLY
DLSCH10ED AS FOLIA)WS :
bEG]NN1NG AT A POINT WHENCE THE WEST 1/4 CORNER Sr
SAID SECTION 7, A 1954 ELM BRASS CAP BEARS N 54.51'46" W
205)0. �2 FEET;
111FNCE S 11.41'00' W 74.%10 FEET;
1'11LN1_E N 59.45' 16" W 163.30 FEET TO TIIE CENTERLINE OF
THE' Rf)ARING b.)i:X k1YER;
T11ENCE N 10627' 30" E 22.16 FEET ALONE: SAID CENTERLINE;
Tlll?NI:L DE1'AIiTING SAID CENTERLINE S 78"16'56" E
155.29 FEET TO THE POINT OF b,.GINNING CONTAINI14G
7449 SQLfAs(E !LETI, MQRE OR LE-'iS.
VJQ;� \rr•c.\
1
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OF
CCU= OF
en 473 irv791
Tl)e foregoing instrument, was acknowlk:c!ged before me
this >�dzv of L 1984 by JAMES LEE PidWEE, Ill.
W1'1NESS my h.-!nl and official seal.
My commission expires:
Notar7 euOilc
Address:
f
�-71 .-r: OF (,7.rwdc.
(AUNTY OF Fitkin
The foregoing instrument was ackncvledged before me
this 28day of Aultuat 1984 by RQBERT P. GILL -.Ai.
WITNESS my hand and official seal.
IL A '::-i cor=ission expires: 8-11-86
Notary Public Valerie A. Wilson
Address:Aspen Title Co., 530 East Main St.,
Aspen, Colorado 81611
STATE OF Colorado
COUNTY OF Pitkin
The foregoing instrument was acknowledged before a --
this 28th day of August , 1984 by F—TULNOR L. CILLMAN.
A
GTA P;
r r C"-r,.
WITNESS my hand and official seal.
My commission expires:
terj+lic Valerie A. Wilma
Address:Axpen Title Co., 530 East main St.
Aspen, Colorado 81611
0 R,
473 w792
STATE OF
COUNrt OF
The furegnIng instrument was acknowledged before me
this _ day of .1984 by LOUIS 0. WILLE.
W:TNESS my hand and official seal.
My commission expires:
NotAry Public
Address:
At
1
L X
-lie
J-
. 414
1 Fnv793
cou!'"."Y OF
i,hL1:LLjj,11v Wj,-; -1C1.11oW1Cjt;%.:j UtAury me
193'- by A:;PLW SAVING!:, & LOAN
AS:iOi.'IAT f 101.
iny hand and official real.
fly cortnuiss ion expires: c-/-n
Notary Pul-lTc- 7
Address: 2-2-5— IV.
oz:, co
"'TAI L 01' CL ICY-111C )
COUNTY 01- t-,
'Ihc foregolng instrument was acknowledged before me
Lllj:j ?�— Jay of j4 tA r. iqu by rmili couirry BANK &
TRU,--r COMPvi't'.
.........r.- WIT:
'IS my hand and official seal.
- '-.
1:*.�.�..,,.`-... MY coirwi!Nsiazi expires:
it I c
.-1LjrY
STATE OF
COUNT-Y OF
llw frit.7%?),oing instrument was acknowledt-vul bcfoire i%,:
this day 1984 by bANK OF A :XF11.
L
14 i I :.L 107 land and official :;cal.
:1-/ cuinmrd:;.Aon expires: I1itiv-7
y PUT 1qtar "Tic,
;r
P U 0 ---------
. 410
THIRD AMENDMENT TO THE CONDOMINIUM DECLARATION OF
THE HILL HOUSE CONDOMINIUMS
The undersigned being all the Owners and first mortgagees of The HIII
House Condominiums as described the Condominium Declaration dated Septem-
ber 14, 1978 and recorded in Book 354 at Page 751 of the real property
records of Pitkin County, Colorado, and as such Condominium Declaration has
been amended from time to time, desire to amend the Condominium Declaration
as follows.
1. Paragraph 1(I) regarding the deflnition of "Limited Common Elements"
shall be amended to read In Its entirety as follows:
(i) "Limited Common Elements" means those parts of
the Common Elements reserved for the exclusive use of
Owners of less than all of the Condominium Units In
the building and as shown on the Map, and including
the exterior walls and common walls as described in
Paragraph 4 hereof."
2. Paragraph 4 of the Condominium Declaration regarding Limited Com-
mon Elements shall be amended to read in Its entirety as follows:
►. LIMITED COMMON ELEMENTS. A portion of the
Common Elements is set as+ a and reserved for the
exclusive use of the Owners of each Unit respectively,
such areas being the Limited Common Elements_ The
Limited Common Elements reserved for the exclusive
use of the individual owners consist of the respective
grounds, improvements, and Units and interior of
Units, lying within the areas designated as Limited
Common Elements or "L.C.E." shown on the Map for
each Unit. Including the perimeter walls, floors,
ceilings, windows, doors, roofs, and structural
components of each Unit. With respect to Units A and
B the common walls lying between Units A and B shall
be Limited Common Elements of both Unit A and Unit
B. Such Limited Common Elements shall be associated
and used with the Unit to which each such Limited
Common Element or "L.C.E." Is assigned on the Map.
The respective Limited Common Elements shall be used
in connection with the particular Unit to which they
are assigned on the Map, to the exclusion of the use
thereof by the Owners of other Units except by
Invitation.
I
3.
Paragraph 17
of the
Condominium
Declaration regardine,
Owners,
maintenance responsibilities
shall
be amended
to read in its entirety as
follows:
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(� • -T: �i:� , ., Lti+"4•. -* i j tc d` , 'F _� � 'rl � t ee .j'�`w. , r. ?••�!'.', � '� i' +ry�+' . •rW tkr3.,.� �? UC'-'i
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17. OWNER'S MAINTENANCE RESPONSIBILITY OF
UNfT,'__9ALC04YS,KIAND STORAGE AR AS,
AND LIMITEDLt• N he maintenance,
repair, alteration, ree-ling and rebuilding of a Unit
shall be the sole rzsponsibility and right of the Owner
of that Unit (including without limitation the Interior
walls, materials, plaster, gypsum drywall, paneling,
wallpaper, paint, wall and floor tile and flooring
making up the finished surfaces of the perimeter walls,
ceilings, and floors within the Unit, Including Unit
doors and windows), and all of the Limited Common
Elements associated with that Unit. With respect to
Units A and B, the Owners of those Units shall be
deemed to own as tenants in cammoon, the lines, pipes,
wires, conduits, or systems (which for brevity are
herein and hereafter referred to as utilities) running
through either Unit which serve the other Unit. much
utilities servicing the other Unit shall not be disturbed
or relocated by an Owner without the written consent
and approval of the other Unit Owner. The right of a
Unit Owner to maintain, repair, alter, remodel and
rebuild his Unit is coupled with the obligation to
replace any exterior finishing or materials removed
with similar materials of substantially eti•ial quality.
An Owner shall maintain and keep In repair .he interi-
or of his own Unit, the Limited Common Elements
associated with his own Unit. and any fixtures there-
of. All fixtures and equipment installed within the
Unit commencing at a point where the r:tilities enter
the Unit shall be maintained and kept ir, repair by the
Owner thereof. With respect to Units A and .B, nei-
ther Owner shall do any act or any work that will or
may impair the structural soundness or integrity of the
building or impair any easement or rights of the other
Owner without the written consent of the other Owner,
after first proving to the reasonable satisfaction of the
other Owner that such work or act will not Impair
structural soundness, and such work or act shall be
done or performed in a workmanlike manner. An
Owner shall also keep the balcony area appurtenant to
his Unit In a clean and sanitary condition: and free and
clear of snow. Ice. and any accuawlation of water
which may cause damage to any other Unit. All main-
tenance or repairs to any General Common Elements
(unless necessitated by the negligerce or misuse of a
Unit Owner, in which case the expense small be
charged to the Unit Owner) or except as caused or
permitted by the Owner, shall be borne equally by
each Unit Owner."
r 4. The Condominium Declaration shall b' amended by the add
new Paragraph 17A to read in its entirety as follows:
.a
Yr
17A. iMPROVEMENTS TO UNiT A OR UNIT S. No
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elail 527 7-1-149
structures shall be adder, constructed, or altered on
the Limited Common Elements or buildings of Units A
or B, and shall not be changed, unless the Owners of
Unit A and Unit B approve in writing the complete
arcl ••_jraI plans for any such improvements,
con- u,:tlon, or alteration of such structures or
built' g prior to the commencement of such work.
The L .n•_r or other person who anticipates construct-
Ing lwp-ovcnients or performing such alteration shall
submit complete architectu-al plans for such work to
the other Cvrtr fir The Owner shall
exercise his or its best judgment to se-i that all Im-
provements, construction, landscaping, or alterations
conform and harmonise with the natural surroundings
and with existing structures as to external design,
materials, color. siting, height, topography, grade,
and finished ground elevation. In the event that the
other Owner fails to give notice of disapproval (stating
the reasons) within forty-five days after architectural
plans for such work have been submitted to him or It,
then all of such architectural plans and the improve-
ments, construction and alterations shown on them
shall be deemed to be approved. 1n the event the
Owner shall so disapprove any architectural plan, the
Owner or .person submitting such architectural plans
may appeal the matter to the next annual or special
meeting of the Members of The Hill House Condoadnium
Association, where a vote of at least two thirds of the
votes entitled to be cast at said meeting shall be
required to approve such architectural plans.
S. Paragraph 20 of the Condominium Declaration regarding assessment
for common expenses is hereby amended to read in its entirety as follows:
20. ASSESSMENT FOR COMMON EXPENSES. All Owners
shall be obligated to pay assessments, either estimated
or actual, imposed by the Boars! of Directors of the Asso-
ciation to meet the common expenses. The assessments
shall be made according to each Owne,-'s percentage interest
In the General Common Elements.
In the event the ownership of a Unit by grant from
the Declarants commences on a d-iy other than the first of
the month, the assessment for that month shali be prorated_
1
The assessments made for Common Expenses shall be
the sum necessary to be paid by all of the Unit Owners to E
provide for the payment of all estimated expenses growing
out of or connected with the maintenance, repair. opera-
tion, replacements, additions, alterations and Improvements
1
L1
of and to the General Common Elements, which asay
11
but shall not be Umited to, expenses of management• taxes
y
and special assessments until separvivy assessed. premiums
for fire insurance with extended coverage and vandalism
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and malicious mischief with endorsements attached issued in
the amount of the maximum replacement value of all of the
General Common Elements and Units (Including all f"turts),
casualty and public liability and other insurance premiums,
Landscaping and care of grounds, legal and accounting fees,
expenses and liabilities Incurred by the Board or Directors
by reason of this Declaration and the By -Laws of the
Association, any deficit arising or any deficit rer.ainiog
from a previous period, as well as other costs and expenses
relating to the General Common Elements. The omission or
failure of the Board of Directors to fix the assessment for
any period shall not be deemed a waiver, mnodification or a
release of the owners from their obligation to pay the Larne.
6. Paragraph 21 of the Condominium Declaration regarding insurance Is
hereby to read in its entirety as follows:
21. INSURANCE.
(A) The Owners shall obtain and maintain at all
times, to the extent obtainable, policies involving
standard premium rates, established by the Colorado
Insurance Commissioner and written with companies
licensed or approved to do business in Colorado and
having a Best's Insurance Report rating of AAA or
better covering the risks set forth below. The
policies shall be obtained and maintained in the names
of the respective Owners and their mortgagees, if a-+y,
as specified below. The Owners shall not obtain any
policy where: (i) under the terms of the Insurance
company's charter, by-laws or policy. contributions or
assessments may be made against the mortgagor or
mortgagee's designee; or (ii) by the terms of the
Ions
insurance company's charter• by-laws or policy.
payments are contingent upon action by the company's
Board of Directors, policy holders or members; t— (iii)
the policy Includes any limiting clauses (other than
insurance conditions) which could pi event mortgagees
or the mortgagor from collecting insurance proceeds.
The types of coverages to be obtained, the Owner
obligated to obtain such coverages, and the risks to
be covered are as folbws, to wit-
(1) Fire insurance with extended coverage
r.)d all risk endorsements. which endorsements
i
stall include endorsements for vandalism and
)'
malicious mischief, with a minimum endorsed
amount of $50.000.00 per accident per location.
Said casualty insurance shall insure the entire
Unit of an Owner and any property. the nature
y
ated
of which is a Umited CommnonUn Elementassociated
with the Owner's respecttogether
y
all servicr equipment contained therein in an
the full replacement value without
i
amount equal to
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deduction for depreciation. All policies shall
contain a standard non-contributory mortgage
clause In favor of each mortgagee of the respec-
tive Unit, which shall provide that the loss, if
any, thereunder shall be payable to the respec-
tive Owners for the use and bere!it of any
mo. 'gagees as their Interests may app-ar. With
respect to Unit A and Unit B the Owners of such
Units shall obtain and maintain such insurance
together unless they otherwise agree. with
respect to Unit C. the Owner thereof shall obtain
and maintain such Insurance individually. In the
event of damage or destruction covered by such
insurance policies, the Insurance proceeds shall
be paid to the respective Owners or their
mortgagees of the policies. With respect to the
Owners of Units A and B. and any loss payees,
the proceeds shall be applied as the Owners or
their mortgagees mutually agree.
(2) public liability and property insurance
In such limits as the respect" Owners may from
time to time determine but not In an amount less
than $500.000.00 per Injury per person, per
occurrence, and liability Ihnits of $1oo,000.00 per
occurrence, covering all claims for property
damage with respect to their Unit and associated
Limted Common Elements. Coverage shall include.
without limitation, liability for personal injuries,
operation of automobiles on behalf of the
respective Owners. and activities in connection
with the ownership. operation.its andmaintenance.
te an Limited
other use of the respective
Common Elements associated therewith_ If
applicable and available, said policies shall also
contain •severability of interest endorsements."
With respect to Unit A and Unit B. the Owners of
such Units shall obtain and maintain such
uch
Insurance together, unless they a9
With respect to Unit C. the Owner of such Unit
shall obtain and maintain .- such insurance -
Individually.
(3) The Association shall obtain insurance
specified In subparagraphs (1) and (2) above to
Insure any General Common Elements not insured
under the policies obtained and maintained by the
Owners as specified above. The Association may
obtain insurance against such other risks. of a
similar or dissimilar nature, as it sha�l�deem
appropriate with respect to the prof n9
insurance on the recreational facillties of the
Association or any personal property of the
Association.
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(B) All policies of insurance to the extent ob-
tainable shall contain waivers of subrogation as to all
other Unit Owners and the Association and waivers of
any defense based on invalidity arising from any acts
of a Unit Owner and shall provide that such policies
may not be cancelled or modified without at least ten
days' prior written notice to all of the insureds.
incl-,ding mortgagees. Upon request duplicate orig•-
nals of all policies and renewals thereof. together with
proof of payments of premiums shall be delivered to all
first mortgagees and to the Association at least ten
days prior to the expiration of the then current
policies. Any insurance obtained by the Association as
specified in subparagraph (3) above, shall be carried
in blanket form naming the Assodation as the Insur+d,
as attorney -in -fact for all of the Unit Owners. which
policy or policies shall Identify the interest of each
Unit Owner (Owner's name and Unit number desig-
nation) and first mortgagee.
(C) Unit Owners may carry other insurance for
their benefit and at their expense. provided that all
such policies shall contain waivers of subrogation as to
the all other Unit Owners and the Association. and
provided further that the liability of the carriers
lssuir:g In obtained by the Association or other
Owners shall not be affected or diminished by reason
of such additional insurance carried by any Unit
Owner.
(D) Insurance coverage on furnishings including
carpet, draperies, oven. range• refrigerator. wallpa-
per. disposal. and other items of personal or other
property belonging to an Owner and public liability
coverage within each Unit shall be the sole and direct
responsibility of the Unit Owner thereof. and the
Board of Directors and the Association shall have no
responsibility therefor.
7. Paragraph 23 of the Condominium Declaration regarding lien for
nonpayment of common expenses is hereby amended to read in its entirety as
fol lows :
23. LiEN FOR NONPAYMENT OF COhtf✓.ON EXPENSES. All
sums due but unpaid s are o xpenses jf
chargeable to any Condominium Unit. including interest
thereon at eighteen percent per mnum. shall constitute a
lien for the benefit of the Association on such Condominium
Unit superior (prior) to all other liens and encumbrances
accept:
(a)
Tax and special assessment liens on the 17
'-r-'S
mm 527 f,�-,,15:3
Condominium Unit In favor of any assessing entity;
and
(b) All sums unpaid on a first mortgage or first deed
of trust of record. Including all unpaid obligatory
sums as may be provided by such encumbrance. In-
cluding additional advances, refinance or extension of
t'iese obligations made thereon prior to the arising of
such a lien.
To evidence such lien the Association by its officers
and directors shall be required to prepare a written notice
setting forth the amount of such unpaid indebtedness, the
name of the defaulting Owner of the Condominium Unit and
a description of the Condominium Unit. Such a notice shall
be signed by the authorized representative cf the
Association, and may be recorded in the office of the Clerk
and Recorder )f the County of Pitkin, and State of
Colorado. The Association shall give nO' Ke to the
defaulting Owner and any first mortgagee of the defaulting
Owr+er's Condominium Unit of the recording of such lien.
Such lien for the Common Expenses shall attach from the
date of the failure of payment of the debt. and may be
enforced by foreclosure on the defaulting Owner's
Condominium Unit or any portion of such Condominium Unit
at the option of the Association in like manner aa such
ort-
gage or deed of trust on real property• anto pay
foreclosure the defaulting owner shall be requiredcosts and
the costs and expenses of such proceedings.
expenses for filing the notice of claim of lien and all rea-
sonable attorneys fees. The Association shall have the
power to bid at the foreclosure sale and toacquire
and
hold, lease, mortgage and convey such Condominium
The amount of the Common Expenses chargeable
against E.3ch Condominiums Unit and the costs and expenses•
including attorney's fees, of collecting the same shall also
be a debt of the Owner thereof at the time the same is due.
Suit to recover a money judgment for unpaid Common
Expenses shall be maintainable without foreclosing or
waiving the lien securing saw*. _
Any encumbrance holding a Peen on a Condominium Unit
may pay any unpaid Comamm on Expenses payable with respect
to such Condominium Unit, and upon such paYM:t such
encumbrancer shall have a lien on such Condominium Unit
for the amounts paid of the I same rank as the lien of his
encumbrance.
a, paragraph 26 of the Condaniniume Declaration regarding the Asso-
ciation as attorney
-in-fact is hereby amended to read in its entirety as fol-
lows
26. GENERAL COMMON ELEMENTS-A55OC1AT10N As
ATTO
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v w�
a+
Declaration does hereby make mandatory the irrevoca-
ble appointment of an attorney -in -fact to deal with the
Central Common Elements of the condominium project
upon their condemnation, damage, destruction, or
obsolescence.
Title to any Unit Is declared and expressly made
subject to the terms and conditions hereof, and accep-
tance by any grantee of a deed or other i• strumoent of
conveyance from the Declarant or from of any
the Owner
o
grantor shall constitute appointment
attor-
ney-in-fact herein provided. All of the Owners ir-
revocably constitute and appoint the Association or the
Association's designee or representative, with full
power of substitution, their true and lawful attorney of
their name, place, and stead for the purpose
dealing with any General Common rElements withintcondemnation he
condominium project upon
damage, destruction, disrepair or obsolescence, all as
is hereinafter provided. As attorney -in -fact, the
Association or its designees or representative shall
have full and complete authorization, right and power
to make, execute, and deliver any contract,
of deed, or
any other Instrument with respect
Unit Owners in the affected General Common Eknr,ents
which are necessary and appropriate to exercise the
powers granted herein. Repair and reconstruction of
the General Common Elements as used in the
succeeding subparagraphs means restoring the General
condition in
Common Elements to substantially the Same
which they existed prior to the dm aage, with the
Gerxral Common Elements having W'substantia�llyi he same
boundaries as before. The proceeds /
collected shall be available to the Associatbn or Its
deisgners or representative for the purpose of repa'
r.
restoration. or replacements of the Gerxfal Cowwlon
Elements unless the Owners and first mortgagees age
not to rebuild in accordance with the provisions set
forth hereinafter.
26.1. In the event of damage or destruction due
to fire or other disaster, the insurance proceeds shall
be paid to the Association with respect to to lnsurWXM proceeds
General
Common Elements. With i General Gammon
paid tthe Association regarding
are sufficient to
Elements. if the insurance Proceeds
reconstruct the General Common Elements, they shall
be applied by the Association or its designees or
representative as attorney -In -fact to cause the repair
and restoration of the General Coawnon Elements.
26.2. Notwithstanding the fact that the Insurance
ponds payable to the Association may be it suffi6ent
to repair and reconstruct the General C XmP n Eie-
- �.! ,,ate,,,,_•`...... 4 � _...,
t
t
1
517 P, 15.5
ments, such damage or destruction may be promptly
repaired and reconstructed by the Association or its
designees or representative, as attorney -in -fact, using
the proceeds of the insurance and the proceeds of a
special assessment, if the insurance proceeds are
insufficient, to be made against all of the Owners and
their respective Units, unless all Owners and all first
mortgagees of record at the time of the damage agree
not to reconstruct. Any such assessment shall be a
common expense and made prorata accordin3 to each
Owner's percentage interest in the General Cores
Elements as specified on Exhibit A to the Condominium
Declaration, and shall be due and payable within thirty
days after written notice thereof. The Association or
its designees or representative shall have full
authority, right, and power as attorney -in -fact, to
cause the repair or restoration of the General Common
Elements using all of the Insurance proceeds for such
purpose notwithstanding the failure of any Owner to
pay the assessment. The assessment provided for
herein and as duly authorized by the Association shall
be a debt of each Owner and a lien on his respective
Condominium Unit and may be enforced and collected
as provided in Paragraphs 23 and .4.
26.3. If at any time or times during the continu-
ance of the condominium ownership pursuant to this
Declaration. all or any part of the General Caasnon
Elements, or the Units and their respective associated
Limited Common Elements, shall be taken or condemned
by any public authority or sold or otherwise disposed
of in lieu of or in avoidance thereof, the following
provisions shall apply.
(1) Proceeds. All compensation, damages,
or other pis therefrom, the sum of which Is
hereinafter called the "Condemnation Award,'
shall be payable to the Association or its
designees or representative, as attorney -in -fact,
with respect to any condemnation of the General
Common Elements, or shall be payable to the
respective Units Owners with respect to the
condemnation of any of their respective Units or
the Limited Coa•.mon Elements associated therewith.
(2) Complete Taking. In the event that the
entire Project is taken or condemned, or sold or
otherwise disposed of In lieu of or in avoidance
thereof, the condominium ownership pursuant
hereto shall terminate. The Condemnation Award
shall be apportioned among the Owners first on
the basis of the Owner's respective Unit and the
Umited Common Elements associated therewith,
and then on the basis of each Owner's undivided
TL
I
ell 527
interest In and to the Cenral Common Elements.
On the basis set forth above, the Association or
Its designees
or representative shall, as
soon ss
practicable,
determine
the share
of the
Condemnation
Award to
which each Owner is
entitled. Such
shares shall
be paid into
separate
accounts and
distributed
jointly, as
soon as
practicable, to the Unit
Owner and
its first
mortgagee of
record at
the time of
the dis-
tribution.
(3) Partial Takin . 1n the event that less
than the ent re 7115ject is taken or condemned, or
sold, or otherwise disposed of in lieu of or In
avoidance thereof. the condominium ownership
hereunder shall not terminate. Each Owner shall
be entitled to a share of the Condemnation Award
to be allocated first to the Unit Owners with
respect to any taking of their respective Units
and the associated Limited Common Elements, and
second to the Association with respect to the
condemnation of any of the General Common
Elements. As soon as practicable, the Association
or its designees or representative shall allocate
the Condemnation Award with respect to the
Cenral Common Elements among the Owners based
upon their undivided interest in and to the
General Common Elements.
�f'
9. The Condominium Declaration .is hereby amended by the addition of
_the following Paragraph 26A to read in its entirety as foi{ows:
26A. WAIVER AND ESTOPPEL. The Owners executing
this 1 me ment to nium Declaration of
The Hill House Condominiums, and the Association,
jointly and severally represent and warrant to each of
.::.
the other Owners and the Association that as of the
date of execution hereof N'-re are no outstanding
assessments or claims for or against any of such
Owners or the Association, and the Assodation is
relieved of all liability for the imposition or collection
of any ragular or special assessments prior to the
hereof. The Association sha:1 hereafter
:
effective date
only have the authority to assess the Owners with
..
'* \
respect to the General C xnmon Elements.
�.,.-
-
10. Paragraph 29 of the Condominium Declaraticn regarding the period
foi-
of condominium ownership is hereby amended to read in its entirety as
4 .....
;'.
lows: he
29. PERIOD OF CONDOMINIUM OWNERSHIP.
Sir
separation corKlominium estates created y the 1
_
tion and the Map shall continue until tNs Declaration
•
(�' t(..'�y-`�
4',. ..N ,"L '�t Nei tr1S.t ^ '..
'
.. . r,..;, ''� • :.ram .... _..... . - . • . _ - — - -- - - ---- � _ . _ - _ -. - .,..
a
BOOB 5?7 t157
is revoked in the manner and as provided In Para-
graph 19 of this Declaration or until terminated and In
the- manner as is provided in Paragraph 26 of this
Declaration.
11. The Condominium Declaration shall beamended by the addition of
` new Paragraph 31 to read in Its entirety as follows:
31. DESIGNATION OF PRESIDENT OF CONDOMINIUM
ASSOCIAT IUN e Owners and
mortgagees y execution of t is •hird Amendment to
the Condominium Declaration of the Hill House Condo-
miniums, hereby designate the President of Hill House
Condominium Association as their attorney -in -fact to
execute the appropriate amendments to the Map or
amended condominium plat tc% carry out the provisions
' of this third Amendment.
12. For purposes of Section 2E of the Condominium Declaration, the
addresses of each Owner and the persons authorized to vote on behalf of
such Owners are as follows:
I
_ Larry Cano (Unit C)
2141 Mesa Drive
:v Santa Ana Heights, California 92707
Robert or Eleanor Gillman (Unit A)
�~ P 2121 Towne Centre Place
�. Suite 300
^K' Anaheim, California 92806
;arm ; •.-.�c _
-+: Jesse B. Heath, Jr. (Unit B)
. t r 3434 Del Monte
i Houston. Texas 77019
�. Third Amendment to t
13. This he Condominium Declaall ration Bch shelf tion Hill
be
House Condominiums may be executed In counterparts..
taken together as one instrument.
' isions of this Third Amendment to the Condominium Decla-
1;, The prov
ration of The Hill House Condominiums shall control and be binding over any
':< provision inconsistent herewith contained in the Articles of incorporation or
' Assocaition, a Colorado non-profit
a a•. ' By -Laws of The Hill House Homeowners Decnumhe
rr' corporation, or any of the provisions Declaration the
on o tCondhe Second iAmend^ t�
V; First Amendment to the Gordan
to
the Condominium Declaration of The Hill House Condominkmis.
r
^�
IN WITNESS KHEREOF, the following Owners and s have ex-
ecuted this Third Amendment to Condominium Declaration of The Hill House
•-
' 1Y
+w'L
.eta:,•
y•
Condominiums as of the date hereof.
Robert Gillman
Bcn 5?7 %-A58
es
i
�'E� se fie5th, Jr
Eli-i or Gillman Larry Cano
STATE OF CALIFORNIA I
J ss.
COUNTY OF )
The foregoing instrument was acknowledged before we this day of
1986, by Robert and Eleanor Gillman as Owners oTUnit A,
e Hill H(ris—e Condominiums, Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires:
Notary Publk
STATE OF TEXAS )
��) ss.
COUNTY OF1j,6g��hL, )
The foregoing Instrument was acknowledged before me this 2 r day of
_&,IW , 1986, by Jesse B. Heath, Jr. and Hetta S. Heaffi-aass Owners
of Unit B. The Hill House Condominknusr Pitkin County, Colorado
Witness my hand and official seal.
My commission expires: 7-S 89
Ile
Notw-y Public
�,
j rois,r
Or
9
0
1; ffir LT,&
Coodminiums as of the date hereof.
Robert Gillman
Fm 52�7 Px- 159
Jesse B. HBath, Jr.
Hetta eat
man rry
r a-21�ea Eleanor
STATE OF CALIFORNIA 3
ss.
COUNTY OF aWCE
The foregoing 2ne day of
toing Instrument was acknowledged before am this
December . 19s6. by Robert and Eleanor Gillman as Owners oT-Unit A.
TFjW-Rjj-j-FFo—tjse Condominiums, Pitkin County. Czliotildo. -
IIW -
awft I Ed=
IVWT MIMIC
Witness my hand and official Seal. reoc"L OPF= - 0111011110 III
CROPM COON"
wo C011111, bon OdL I Im
My commission expires: 12 0�1011
STATE OF TEXAS
ss.
COUNTY OF
The foregoing Instrument was acknowledged before we this day of
. 1986, by Jesse B. Heath. Jr. and He"a S. Heat w —as Owners
of Unit B, 757e Hill House Condominiums. Pi*kin County. Colorado.
Witness my hand and official seal.
My commission expires -
Notary Public
?
Condominiums as of the date hereof.
Robert i man
4 • _ j -rf �j ✓f
WIN
emu 52'7 e-,-IGO
Jesse B. Heath.Jr.
—eta S. He -aim
Eleanor i man rY
Ca
STATE OF CALIFORNIA)
ss.
COUNTY OF ) _ Susan D. Cano
The foregoing instrument was acknowledged before me this day of
1986, by Robert and Eleanor Gillman as Owners oT-Unit A.
e i Ouse Condominiums, Pitkin County. Colorado.
Witness my hand and official seal.
My Commission expires: -
Notary u is
STATE OF TEXAS )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before sae this day of
. 1986. by Jesse B. Heath. Jr. and Hetta S. HeatFas Owners
of Unit B, T Hill House Condominiums. Pitkin County. Colorado.
Witness my hand and official seal.
Is
I
My commission expires:
Notw-y
Public
1
r '\
,,-cx 5217 -1 E1
CnL-,-, 4•,b CI
STATE OF C4-64 R +A--)
ss.
COUNTY OF '��, ) i
T�e foregoing instrument was ackrxwledged befort me this `� day o`
tr<M 1986, by Larry Cano as Owner of Unit C. The i l House
Condominiums Pitkln County Colorado.
Witness my hand and official seal.
iVly commission expires:
ry C5 ,dv� .,,A StOd it
Aapwm CabrsUo
or G" �• f my Zwt
Ito,
� ..
��- e 'J1
�•ii .r. ty. F . tr l•.
rr t i
!.l` ," �\ _ �...��a�t •'• tii �i1 ��a�� � .rr—'�' ...�-- .. ` . _ _ •.dSJBa r1oc�M! �- •✓. Ia i r,
EASEMENT AGREEMENT
THIS AGREEMENT, is made as of the date signed below, by and between
of the County of Pitkin and the State of
Colorado (the "Owner", hereinafter called Grantor) and the City of Aspen, Colorado, a
municipal corporation (hereinafter "the City")
WITNESSETH:
WHEREAS, the Grantor is a record title holder of that property in the City of
Aspen, County of Pitkin, State of Colorado, more . particularly described as
(legal description), located at
(physical address).
WHEREAS, the City desires to obtain from the Grantor an easement for an above
ground transformer and other similar electrical and communication utility appurtenances
upon, under, over and through the above -described property.
WHEREAS, the Grantor is willing to grant such an easement.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. The Grantor hereby grants to the City a non-exclusive perpetual easement for
an above ground electric transformer, underground utility lines and other similar
electrical and communication utility appurtenances, over, above, across and under a
portion of land described as follows:
An easement feet long by feet wide. Said easement is adjacent
to the alley right-of-way and centered upon a pad -mounted transformer as
constructed, the approximate location of which transformer is shown of Exhibit
"A" (written description) and Exhibit `B" (pictorial description), attached
hereto and made a part hereof by reference. Said easement extends six (6) feet
below and ten (10) feet above the ground surface.
i 2. The city agrees that it will save and hold Grantor harmless from all claims,
causes and actions, suits, damages or demands whatsoever in law and in equity which
may arise out of, or as a consequence of the negligence of the Grantees, or its authorized
agents, servants or employees, in constructing, installing, maintaining, repairing and
utilizing the easement premises and subject utility appurtenances.
3. The Grantor further grants to the City the right of ingress and egress across
said lands for the purpose of construction, installation, removal, repair, alteration,
upgrading and replacement of such utility appurtenances as shall be placed on the
easement premises.
4. The Grantor reserves the right to utilize and enjoy the above -described land
providing the same shall not interfere with the design, installation, removal, operation,
inspection, maintenance, repair, alteration or replacement of the utility appurtenance.
5. The Grantor reserves for Grantor and Grantor's successors and assigns the
right to relocate the easement and the utility appurtenance(s) therein with the consent of
the City, which consent shall not be unreasonably withheld, upon the payment of all
direct and indirect costs of such relocation, and provided that 'the relocation site is
suitable for the purposes of the easement.
6. The Grantor warrants the Grantor is a record Owner of the property described
herein and it is agreed that the covenants herein shall be binding upon the Grantor and the
respective successors and assigns of the parties hereto. The Grantor further warrants that
the property described herein is free and clear o all liens and encumbrances whatsoever
which would prohibit or in any way subject this easement to foreclosure.
7. The Grantor agrees that the facilities installed by the City on the property
described above shall remain the property of the City or City's assigns, as the case may
be, and shall be removable at the option of the City or its assigns. The Grantor agrees
that the City may assign the rights granted to it hereunder to any assignee who gives
adequate assurances that any work to be performed pursuant to such assignment shall be
conducted in a good and workmanlike manner, including, but not limited to, the Holy
Cross Electric Association, Inc.
2
' 8. After the exercise by City of any of its rights hereunder, the City agrees to
restore and revegetate the surface of the construction area as nearly as possible to the
condition and appearance which existed immediately prior to the commencement of
construction.
9. The Grantor shall bear the cost of preparation of the property descriptions,
surveying and recording documents associated with this transaction. The Grantor shall
pay the fees of any attorneys hired by the Grantor in any matters concerning this
transaction.
10. The Grantor affirmatively states that Grantor has entered into this Easement
Agreement after having had an opportunity to consult an attorney of Grantor's choice
and that Grantor has signed this Agreement freely, knowingly and intelligently.
11. This easement is binding upon the successors, representatives and assigns of
the parties and -is modifiable only in a writing signed by the parties.
THE CITY OF ASPEN:
Amy L. Margerum, City Manager
STATE OF COLORADO )
) ss.
PITKIN COUNTY )
Subscribed and sworn to before me this day of
by Amy L. Margerum.
My commission expires:
Witness my hand and official seal
Dated:
ATTEST:
Notary Public
, 19
3
GRANTOR:
Date
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of ,
19 _ by
Witness my hand and official seal:
My commission expires:
Notary Public
Address:
km97.124
4
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
O ...........
City Engineer
O ...........
Zoning Officer
O ...........
Housing Director
O ...........
Parks Department
O ...........
Aspen Fire Marshal
O ...........
City Water
O ...........
Aspen Consolidated Sanitation District
O ...........
Building Department
O ...........
Environmental Health
O ...........
Electric Department
O ...........
Holy Cross Electric
O ...........
City Attorney
O ...........
Streets Department
O ...........
Historic Preservation Officer
O ...........
Pitkin County Planning
FROM: Joyce Allgaier Ohlson, Deputy Director
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5090 Fax-920.5439
RE: Wiener/Sheffer Lot Line Adjustment
DATE: May 17, 1999
REFERRAL SCHEDULE
DRC MEETING DATE: (note time: 1:30-3:00)*** May 19, 1999
OTHER REFERRALS DUE TO PLANNER: May 21, 1999
ENGINEERING REFERRAL DUE TO PLANNER: May 21, 1999
***Please note that we will first discuss the Moore Annexation at 1:30 and we will then
discuss this minor lot line adjustment. Those who are not affected by this can leave
following Moore. For those of you just interested in this proposal, we will probably take
this up at 2:30. Sorry for the short notice on this -it was a late decision to run it by the
DRC.
Thank you,
Joyce
.14&* R&mot
Vea 3613 44Av4 ea�91612
March 22, 1999
Mr. Mitch Haas, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
;v4w%ax (970) 920-1125
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Mitch,
Please consider this letter to be an application for an adjustment of the lot lines between the
following two adjoining properties:
• the Wiener Property, located at 701 Gibson Avenue; and
• the Sheffer Property, located at 707 Gibson Avenue.
Legal descriptions of these properties are provided on the attached subdivision exemption
plat. Proof of the ownership of the properties is provided via a warranty deed for the
Wiener property (see Exhibit #1) and a title insurance policy and warranty deed for the
Sheffer property (see Exhibit #2.
The owners of these properties have each submitted letters designating Alan Richman
Planning Services as their representative for this application. These letters are attached
hereto as Exhibits #3 and #4.
We held a pre -application conference with you regarding this application in December, 1998.
A copy of the pre -application form you provided to us is attached hereto as Exhibit #5. In
response to the items listed on that form, we have submitted the following:
1. Three 24" x 36" prints of the site improvement survey, prepared by Aspen Survey
Engineers.
2. Three 24" x 36" prints of the draft subdivision exemption plat, prepared by Aspen
Survey Engineers.
3. The requested vicinity map, locating the parcels within the City of Aspen, is included
on the draft subdivision exemption plat.
Mr. Mitch Haas
March 22, 1999
Page Two
Following is a written summary of the proposal, and an explanation of how the proposal
complies with each of the review standards of Section 26.88.030 (A) (1) of the Aspen Land
Use Regulations, Lot Line Adjustment.
Description of Application
The applicants propose to swap equal amounts of land (1,632 sq. ft.) between their two
properties. The purpose of the swap is to slightly alter the configuration of the property
recently purchased by Mr. Wiener. By doing so, this will provide Mr. Wiener the
opportunity to remodel the existing house on the property within the applicable property
setbacks. The swap will not change the allowable floor area or development rights on the
property; it will merely alter the shape of the property and its resulting setbacks.
Compliance With Review Standards
A subdivision exemption that adjusts the lot lines between two adjacent parcels may be
approved if the application complies with the following standards:
A. It is demonstrated that the request is to correct an engineering or survey error in a
recorded plat, or is to permit an insubstantial boundary change between adjacent parcels.
Response: The request is to permit an insubstantial boundary change between adjacent
parcels. The request is insubstantial because it involves a small amount of land (1,632 sq.
ft. from each lot) and it involves equal amounts of land going to and from each lot.
B. All landowners whose lot lines are being adjusted shall provide written consent to the
application.
Response: Letters from both landowners have been provided as Exhibits #3 and #4.
C. It is demonstrated that the request is to address specific hardship.
Response: The hardship associated with this application is due to the unusual shape of the
Wiener property. Given its current configuration, the City's Zoning Officer informed Mr.
Wiener that the lot, line directly behind the house must be considered to be a rear lot line.
Therefore, despite the fact that Mr. Wiener's property contains in excess of an acre of land,
its allowable building area (building envelope) is only 25' deep. The adjustment will allow
Mr. Wiener to increase the depth of the building envelope by about 10' (still leaving it with
a very modest building envelope for a property of this size). Ultimately, Mr. Wiener plans
to remodel the house within the allowable building area.
Mr. Mitch Haas
March 22, 1999
Page Three
D. The corrected plat will meet the standards of this chapter, and conform to the
requirements of this title, including the dimensional requirements of the zone district in
which the lots are located, except in the case of an existing nonconforming lot, in which
case the adjustment shall not increase the nonconformity of the lot. The plat shall be
submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure
to record the plat within a period of one hundred -eighty (180) days following approval
shall render the plat invalid and reconsideration of the plat by the Planning Director will
be required before its acceptance and recording.
Response: The attached plat meets all of the standards of this chapter. The Wiener lot is
conforming in size, since the property is zoned R-30 PUD and contains approximately 45,000
sq. ft. of land. The Sheffer lot is nonconforming as to size, since it contains approximately
22,250 sq. ft. of land. The size of each lot will not be changed by the adjustment, nor will
the degree to which each lot will be conforming or nonconforming. Both houses are
currently conforming as to setbacks, and will remain so following the adjustment.
E. It is demonstrated that the lot line adjustment will not affect the development rights or
permitted density of the affected lots by providing the opportunity to create a new lot for
resale or development.
Response: Since equal amounts of property are being swapped between the two lots, there
will be no change to the permitted density of either lot.
Conclusion
In summary, we have submitted all of the materials requested of us during our pre -
application conference. We have responded to the applicable standards of the Aspen Land
Use Regulations and have demonstrated our compliance with said standards. We would
hope for an expeditious review of this application by the staff, allowing us to complete the
lot line adjustment. Of course, should any reviewing agency request additional information,
or need for us to clarify any of the statements made herein, we will respond in a timely
manner. Please feel free to contact me as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP .
r41" RieAM"
Tax 3613 "44Ae c, eelaaa 81612
April 2, 1999
Ms. Joyce Ohlson, Deputy Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
;raww4r y Seuuced
;V"m1574x (970) 920-1125
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Joyce,
This letter is in response to your telephone request to me today to provide you with
additional information regarding the compliance of the captioned application with the
"hardship" criterion of the Aspen Land Use Regulations (Section 26.88.030 A.l.c.).
In our original application, we make the following statement:
"The hardship associated with this application is due to the unusual shape of the Wiener
property. Given its current configuration, the City's Zoning Officer informed Mr. Wiener
that the lot line directly behind the house must be considered to be a rear lot line.
Therefore, despite the fact that Mr. Wiener's property contains in excess of an acre of land,
its allowable building area (building envelope) is only 25' deep. The adjustment will allow
Mr. Wiener to increase the depth of the building envelope by about 10' (still leaving it with
a very modest building envelope for a property of this size). Ultimately, Mr. Wiener plans
to remodel the house within the allowable building area."
Mr. Wiener has owned a small condominium unit in Aspen for many years and he just
purchased this property, so he can retire here and become a more permanent resident of
the area. The house is in a two story configuration, with the kitchen and living room on the
ground floor and the master bedroom on the second floor. However, Mr. Wiener suffers
from arthritis and gout, and is becoming increasingly unable to climb the stairs on a frequent
basis. Therefore, he needs to remodel the house, to put the master bedroom on the ground
floor. Because the present envelope is only 25' deep, it is literally impossible to accomplish
this remodel unless the setbacks are reconfigured. In fact, it is even impossible for Mr.
Wiener to improve the present situation, where the front door opens directly into the living
room, instead of the more typical arrangement in a winter climate of having an entry foyer
to keep wind and snow out of the main house.
Z c,; vAeA 4-1 Z11 c p ov, .
Ms. Joyce Ohlson
April 2, 1999
Page Two
There is only one possible direction in which the house can be expanded, and this is to the
south. This is due to the fact that there is a water line easement immediately to the east of
the house, making it impossible to expand in this direction. An expansion to the east might
technically be possible, but would have significant impacts on his neighbors (the Sheffers),
which Mr. Wiener does not want to cause. This approach would also impact the views of
persons travelling along Lone Pine.
For your information, the existing house is presently several thousand square feet below its
allowable floor area and is much smaller than the existing houses in the neighborhood and
the new houses recently approved by the City that are being built across the street. Mi.
Wiener intends to build an addition that will still leave him below the allowable floor area
for the property.
I cannot imagine that there are many properties containing in excess of 1 acre of land,
improved with a modest house, where the building envelope precludes the owner from
remodeling or expanding the house to make it livable for a person of his age and condition.
I believe this constitutes a true hardship, and is one that can be relieved by the City through
this lot line adjustment in a way that causes the least possible impact to his neighbors.
I believe this responds to your concerns regarding the hardship Mr. Wiener is experiencing.
Please let me know if there is anything else you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
,46v4- Rl.Cot44t
Vax 3613 ,44Az a, Balavtda 91612
April 2, 1999
Ms. Joyce Ohlson, Deputy Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
;rfiuusu� Secvlced
Pla. el9,ix (970) 920-1125
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Joyce,
This letter is in response to your telephone request to me today to provide you with
additional information regarding the compliance of the captioned application with the
"hardship" criterion of the Aspen Land Use Regulations (Section 26.88.030 A.l.c.).
In our original application, we make the following statement:
"The hardship associated with this application is due to the unusual shape of the Wiener
property. Given its current configuration, the City's Zoning Officer informed Mr. Wiener
that the lot line directly behind the house must be considered to be a rear lot line.
Therefore, despite the fact that Mr. Wiener's property contains in excess of an acre of land,
its allowable building area (building envelope) is only 25' deep. The adjustment will allow
Mr. Wiener to increase the depth of the building envelope by about 10' (still leaving it with
a very modest building envelope for a property of this size). Ultimately, Mr. Wiener plans
to remodel the house within the allowable building area."
Mr. Wiener has owned a small condominium unit in Aspen for many years and he just
purchased this property, so he can retire here and become a more permanent resident of
the area. The house is in a two story configuration, with the kitchen and living room on the
ground floor and the master bedroom on the second floor. However, Mr. Wiener suffers
from arthritis and gout, and is becoming increasingly unable to climb the stairs on a frequent
basis. Therefore, he needs to remodel the house, to put the master bedroom on the ground
floor. Because the present envelope is only 25' deep, it is literally impossible to accomplish
this remodel unless the setbacks are reconfigured. In fact, it is even impossible for Mr.
Wiener to improve the present situation, where the front door opens directly into the living
room, instead of the more typical arrangement in a winter climate of having an entry foyer
to keep wind and snow out of the main house.
_zs
Ms. Joyce Ohlson
April 2, 1999
Page Two
There is only one possible direction in which the house can be expanded, and this is to the
south. This is due to the fact that there is a water line easement immediately to the east of
the house, making it impossible to expand in this direction. An expansion to the east might
technically be possible, but would have significant impacts on his neighbors (the Sheffers),
which Mr. Wiener does not want to cause. This approach would also impact the views of
persons travelling along Lone Pine.
For your information, the existing house is presently several thousand square feet below its
allowable floor area and is much smaller than the existing houses in the neighborhood and
the riew houses recently approved by the City that are .being built across the street. Mr.
Wiener intends to build an addition that will still leave him below the allowable floor area
for the property.
I cannot imagine that there are many properties containing in excess of 1 acre of land,
improved with a modest house, where the building envelope precludes the owner from
remodeling or expanding the house to make it livable for a person of his age and condition.
I believe this constitutes a true hardship, and is one that can be relieved by the City through
this lot line adjustment in a way that causes the least possible impact to his neighbors.
I believe this responds to your concerns regarding the hardship Mr. Wiener is experiencing.
Please let me know if there is anything else you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
o461ci Ree4k4-c
hex 3613 , 4Az*, eeGmcaa'a 81612
March 22, 1999
Mr. Mitch Haas, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
�eacrctuuf Se�cvleed
P4&ae/57etx (970) 920-1125
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Mitch,
Please consider this letter to be an application for an adjustment of the lot lines between the
following two adjoining properties:
• the Wiener Property, located at 701 Gibson Avenue; and
the Sheffer Property, located at 707 Gibson Avenue.
Legal descriptions of these properties are provided on the attached subdivision exemption
plat. Proof of the ownership of the properties is provided via a warranty deed for the
Wiener property (see Exhibit #1) and a title insurance policy and warranty deed for the
Sheffer property (see Exhibit #2.
The owners of these properties have each submitted letters designating Alan Richman
Planning Services as their representative for this application. These letters are attached
hereto as Exhibits #3 and #4.
We held a pre -application conference with you regarding this application in December, 1998.
A copy of the pre -application form you provided to us is attached hereto as Exhibit #5. In
response to the items listed on that form, we have submitted the following:
1. Three 24" x 36" prints of the site improvement survey, prepared by Aspen Survey
Engineers.
2. Three 24" x 36" prints of the draft subdivision exemption plat, prepared by Aspen
Survey Engineers.
3. The requested vicinity map, locating the parcels within the City of Aspen, is included
on the draft subdivision exemption plat.
Mr. Mitch Haas
March 22, 1999
Page Two
Following is a written summary of the proposal, and an explanation of how the proposal
complies with each of the review standards of Section 26.88.030 (A) (1) of the Aspen Land
Use Regulations, Lot Line Adjustment.
Description of Application
The applicants propose to swap equal amounts of land (1,632 sq. ft.) between their two
properties. The purpose of the swap is to slightly alter the configuration of the property
recently purchased by Mr. Wiener. By doing so, this will provide Mr. Wiener the
opportunity to remodel the existing house on the property within the applicable property
setbacks. The swap will not change the allowable floor area or development rights on the
property; it will merely alter the shape of the property and its resulting setbacks.
Compliance With Review Standards
A subdivision exemption that adjusts the lot lines between two adjacent parcels may be
approved if the application complies with the following standards:
A. It is demonstrated that the request is to correct an engineering or survey error in a
recorded plat, or is to permit an insubstantial boundary change between adjacent parcels.
Response: The request is to permit an insubstantial boundary change between adjacent
parcels. The request is insubstantial because it involves a small amount of land (1,632 sq.
ft. from each lot) and it involves equal amounts of land going to and from each lot.
B. All landowners whose lot lines are being adjusted shall provide written consent to the
application.
Response: Letters from both landowners have been provided as Exhibits #3 and #4.
C. It is demonstrated that the request is to address specific hardship.
Response: The hardship associated with this application is due to the unusual shape of the
Wiener property. Given its current configuration, the City's Zoning Officer informed Mr.
Wiener that the lot line directly behind the house must be considered to be a rear lot line.
Therefore, despite the fact that Mr. Wiener's property contains in excess of an acre of land,
its allowable building area (building envelope) is only 25' deep. The adjustment will allow
Mr. Wiener to increase the depth of the building envelope by about 10' (still leaving it with
a very modest building envelope for a property of this size). Ultimately, Mr. Wiener plans
to remodel the house within the allowable building area.
Mr. Mitch Haas
March 22, 1999
Page Three
D. The corrected plat will meet the standards of this chapter, and conform to the
requirements of this title, including the dimensional requirements of the zone district in
which the lots are located, except in the case of an existing nonconforming lot, in which
case the adjustment shall not increase the nonconformity of the lot. The plat shall be
submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure
to record the plat within a period of one hundred -eighty (180) days following approval
shall render the plat invalid and reconsideration of the plat by the Planning Director will
be required before its acceptance and recording.
Response: The attached plat meets all of the standards of this chapter. The Wiener lot is
conforming in size, since the property is zoned R-30 PUD and contains approximately 45,000
sq. ft. of land. The Sheffer lot is nonconforming as to size, since it contains approximately
22,250 sq. ft. of land. The size of each lot will not be changed by the adjustment, nor will
the degree to which each lot will be conforming or nonconforming. Both houses are
currently conforming as to setbacks, and will remain so following the adjustment.
E. It is demonstrated that the lot line adjustment will not affect the development rights or
permitted density of the affected lots by providing the opportunity to create a new lot for
resale or development.
Response: Since equal amounts of property are being swapped between the two lots, there
will be no change to the permitted density of either lot.
Conclusion
In summary, we have submitted all of the materials requested of us during our pre -
application conference. We have responded to the applicable standards of the Aspen Land
Use Regulations and have demonstrated our compliance with said standards. We would
hope for an expeditious review of this application by the staff, allowing us to complete the
lot line adjustment. Of course, should any reviewing agency request additional information,
or need for us to clarify any of the statements made herein, we will respond in a timely
manner. Please feel free to contact me as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
'4--v '0�-� -2�
Alan Richman, AICP
EXHIBITS
Vax 3613 r44", a &V1da 91612
March 22, 1999
Mr. Mitch Haas, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
;Dfasueicsq Seuve"
;V"tel7ax (970) 920-1125
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Mitch,
Please consider this letter to be an application for an adjustment of the lot lines between the
following two adjoining properties:
• the Wiener Property, located at 701 Gibson Avenue; and
• the Sheffer Property, located at 707 Gibson Avenue.
Legal descriptions of these properties are provided on the attached subdivision exemption
plat. Proof of the ownership of the properties is provided via a warranty deed for the
Wiener property (see Exhibit #1) and a title insurance policy and warranty deed for the
Sheffer property (see Exhibit #2.
The owners of these properties have each submitted letters designating Alan Richman
Planning Services as their representative for this application. These letters are attached
hereto as Exhibits #3 and #4.
We held a pre -application conference with you regarding this application in December, 1998.
A copy of the pre -application form you provided to us is attached hereto as Exhibit #5. In
response to the items listed on that form, we have submitted the following:
1. Three 24" x 36" prints of the site improvement survey, prepared by Aspen Survey
Engineers.
2. Three 24" x 36" prints of the draft subdivision exemption plat, prepared by Aspen
Survey Engineers.
3. The requested vicinity map, locating the parcels within the City of Aspen, is included
on the draft subdivision exemption plat.
Mr. Mitch Haas
March 22, 1999
Page Two
Following is a written summary of the proposal, and an explanation of how the proposal
complies with each of the review standards of Section 26.88.030 (A) (1) of the Aspen Land
Use Regulations, Lot Line Adjustment.
Description of Application
The applicants propose to swap equal amounts of land (1,632 sq. ft.) between their two
properties. The purpose of the swap is to slightly alter the configuration of the property
recently purchased by Mr. Wiener. By doing so, this will provide Mr. Wiener the
opportunity to remodel the existing house on the property within the applicable property
setbacks. The swap will not change the allowable floor area or development rights on the
property; it will merely alter the shape of the property and its resulting setbacks.
Compliance With Review Standards
A subdivision exemption that adjusts the lot lines between two adjacent parcels may be
approved if the application complies with the following standards:
A. It is demonstrated that the request is to correct an engineering or .survey error in a
recorded plat, or is to permit an insubstantial boundary change between adjacent parcels.
Response: The request is to permit an insubstantial boundary change between adjacent
parcels. The request is insubstantial because it involves a small amount of land (1,632 sq.
ft. from each lot) and it involves equal amounts of land going to and from each lot.
B. All landowners whose lot lines are being adjusted shall provide written consent to the
application.
Response: Letters from both landowners have been provided as Exhibits #3 and #4.
C. It is demonstrated that the request is to address specific hardship.
Response: The hardship associated with this application is due to the unusual shape of the
Wiener property. Given its current configuration, the City's Zoning Officer informed Mr.
Wiener that the lot line directly behind the house must be considered to be a rear lot line.
Therefore, despite the fact that Mr. Wiener's property contains in excess of an acre of land,
its allowable building area (building envelope) is only 25' deep. The adjustment will allow
Mr. Wiener to increase the depth of the building envelope by about 10' (still leaving it with
�i very modest building envelope for a property of this size). Ultimately, Mr. Wiener plans
to remodel the house within the allowable building area.
Mr. Mitch Haas
March 22, 1999
Page Three
D. The corrected plat will meet the standards of this chapter, and conform to the
requirements of this title, including the dimensional requirements of the zone district in
which the lots are located, except in the case of an existing nonconforming lot, in which
case the adjustment shall not increase the nonconformity of the lot. The plat shall be
submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure
to record the plat within a period of one hundred -eighty (180) days following approval
shall render the plat invalid and reconsideration of the plat by the Planning Director will
be required before its acceptance and recording.
Response: The attached plat meets all of the standards of this chapter. The Wiener lot is
conforming in size, since the property is zoned R-30 PUD and contains approximately 45,000
sq. ft. of land. The Sheffer lot is nonconforming as to size, since it contains approximately
22,250 sq. ft. of land. The size of each lot will not be changed by the adjustment, nor will
the degree to which each lot will be conforming or nonconforming. Both houses are
currently conforming as to setbacks, and will remain so following the adjustment.
E. It is demonstrated that the lot line adjustment will not affect the development rights or
permitted density of the affected lots by providing the opportunity to create a new lot for
resale or development.
Response: Since equal amounts of property are being swapped between the two lots, there
will be no change to the permitted density of either lot.
Conclusion
In summary, we have submitted all of the materials requested of us during our pre -
application conference. We have responded to the applicable standards of the Aspen Land
Use Regulations and have demonstrated our compliance with said standards. We would
hope for an expeditious review of this application by the staff, allowing us to complete the
lot line adjustment. Of course, should any reviewing agency request additional information,
or need for us to clarify any of the statements made herein, we will respond in a timely
manner. Please feel free to contact me as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
EXHIBIT #2
?I':X::1
COUNTY TITLE, INC.
eJ! E.
Vincent J. Hic3er.s
a0pKiNS. JRD F7COR
ASPEN,
Presldtr.0
COLORADo 81Z12
9?C-925-!7a'6
570-925-6527 FAX
'
..D. 84-?971691
-WOKE TQ:
OPDEP No. 1359
"UGLAS SREFFER
AT-_N,: SLR
DATE; 02l09,"99
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EXHIBIT #1
W A R R A N T Y D E E D
THIS DEED, made this 07 day of DECEMBER
1998, between CAHN & PARTNERS LLC, a Colorado limited liability company
OF THE COUNTY OF PII'KrN, s,rA'CE OF CO
GRANTOR,
WILLIAM B. :•rIF.h1ER. Jk. .
GRANTEE
whose legal a,ldrt•es
401 MARKET ST , SUITE I 1 p.), SHREVEPORT, !,i,. ' 1191
CITY OF SHREVEPORT, COUNTY OF . STATE OF LA
WITNESSETH, That Ear and ut consideration of the sum of ten dollars
and other good and '•.aluahle consideration, the receipt and sufficiency of
which is hereby ackno,,.,I-'ged, the grantor has granted, bargained, sold and
conveyed, and by these present!l does grant, bargain, sell and convey and
confirm unto the grantee, his heirs and assigns forever, all the real
property together with improvements, if any, situate and lying and being in
the Town of ASPHtr. Count[' of PITKIN, SCat@ of COLORADO, described
as follows;
LO•r 1, THIRD AMM)ED PI.'%T' 411.1. HOUSL CONDOMINIUMS, according
to the 'third Amended Plat thereof, recorded May 13, 1985 in Plat
Book 17 at Page 15, and as defined rnd described in the Condominium
Declaration for Hill [louse Condominiums recorded September I4,
1978 in ISur,k 151. .t( Pale 751, and ,.: contained in the first Amendment
recorded Morch 28, 1983 in Book 442 ;tr Page 5f)6. and Elie Second
Arneodinent, rccurdcd Soptcntber 19, 19R., in Book 473 at Pave iy9
and Amcndineor recorded in [look 527 ,!; 1';!sE 174.
n�
!1 '
TOGETHER >,ith i! ! :,!; i thereto and app•_rr=......_.-.
F:••-r:,:!crtu.i :. • :•rcnu and the revevs'o!t'=.nd
revers1cn_ n,
= c:', lsr:ues ar.i 1 is cherecE, and all the
^J estate, right t t r 1•_ . :c ,t •_ r of the grantor
e claim ono d whatsoever
either in la.. •,r nirip, i,nIrt and to the above bargained premises, .with
the hecedi :tmenc•; un•.1 _tl.!,arten:ntces.
d TO HAVE AND TO HOLD Che tinid premises above bargained and described,
with the appurtenances, unto the grantee, its successors and assigns Forever.
J And the Grantor, far itself, its successors turd assigns, does covenant,
7 a CL W grant, bargain, and agree to and with the Grantee, his heirs and
_ Q assigns, that at the time of the ensealing delivery of the presents, it is
t
L
well seized of the premises above conveyed, Iras - ye good, sure, perfect,
= absolute and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain,
Q sell and convey the same in manner and form as aforesaid, and that the
same are free And clear from all former and other grants, bargains, sales,
liens, tares, assessments, encumbrances and reccrictions of whatever kicd
or nature soever, except !_hose matters as sec forth on Emhihit "A" attached
1 hereto and utcorpOratad t:.:rein by referent•,
Q. n0-
cc The grantor srr,! ! U!'I .. L 1 WARRA1lT AND FOPE!'ER DEFEND t :•p '1 t2 he t,r: a. b:trlarned
O premrsc.r i:: c: i.., r,:.,.,i•ln F:os;,::.. _� _•I chu yranc•:-•. :.:._ It.�1rs
and nsstun I r, ry per:•.: L:,rt:ons lawrully c•lalming the
.
J w whole or am p. r t t!!. r I'h•: singular [•Inner .hall include rite plural,
FQ- the plural the Singular. itad the use of gender shall be applicable to all
genders.
CAHN 6 PA �rNr LLC 425247 12/08/1998 11:03A 11D DAVIS SILVI
I or 2 R 11.00 D 149.85 N 0.00 PITKIN COUNTY CO
STATE OF COLORADO I
COUNTY OF PI•rKIN ) ss.
The foregoing instrument was acknowledged before n!e this 111. day of DECEMBER
19 98 , by CAHN & PARTNERS LLC, a Colorado limited liability company
by: HARRIS A. C%11N, its: rY1�„��p r
WITNESS my rtOT�y
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EXHIBIT #3
March 10, 1999
Mr. Mitch Haas, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611.
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT APPLICATION
Dear Mr. Haas,
As the owner of record of the property located at 701 Gibson Street (see legal
description attached), I hereby consent to the adjustment of the lot line of my property
with my neighbor's property, as is more fully described in the captioned land use
application.
I also hereby authorize Alan Richman Planning Services to act as my designed
representative with respect to this land use application. Alan Richman is authorized to
submit those land use applications necessary to obtain approval for this lot line
adjustment. He is also authorized to represent me in meetings with City staff and with
any applicable review bodies.
Should you have any need to contact me during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the land use application.
Sincerely,
William B.
401 Market Street
Suite 1110
Shreveport, LA 71101
318-221-3334
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EXHIMIT #4
Doug & Barbara Sheffer
P.O. Box 250
Aspen, CO 81612
March 19, 1999
iVlr. Mitch Haas, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Wiener Lot Line Adjustment Application
Dear Mr. Haas,
As the owners of record of the property located at 707 Gibson, Aspen, CO. I hereby consent to the
adjustment of the lot line of our property with our neighbor's property, as is more fully described
in the captioned land use application.
We also hereby authorize Alan Richman Planning Services to act as our designated representative
with respect to this land use application. Alan Richman is authorized to submit those land use
applications necessary to obtain approval for this lot line adjustment. He is also authorized to
represent us in meetings with City staff and with any applicable review bodies.
Should you have any need to contact us during the course of your review of this application, please
do so through Alan Richman Planning Services. whose address and telephone number are included
in the land use applicadon.
incerely.
Dou�,,Sh.effe'r
Barbara Sheffer
EXHIBIT #5
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY*
PLANNER: Mitch Haas, 920-5095 DATE: 2/1/99
PROJECT: Wiener Lot Line Adjustment
REPRESENTATIVE: Alan Richman, 920-1125
OWNER: Mr. Bill Wiener (and neighbor)
TYPE OF APPLICATION: No -step. Subdivision Exemption for lot line adjustment
DESCRIPTION: An equal (or close to equal) swap of land between adjacent,
contiguous parcels.
Land Use Code Section(sy
Section 26.88.030(A)(1), Subdivision Exemptions -- Lot Line Adjustment;
Section 26.88.040(D)(2)(a)((1)), Final Subdivision Plat; and,
Chapter 26.52, Common Development Review Procedures.
Review by: Staff for Completeness, DRC for technical information, Community
Development Director for approval.
Public Hearing: No.
Referral Agencies: Engineering.
Planning Fees: Planning Deposit ($460) --- this covers 2.5 hours of planning staff time:
additional hours, if spent, will be billed at a rate of $185/hour, while if
fewer than 2.5 hours are spent, the remainder of the deposit will be
refunded as prorated ($185/hr).
Referral Fees: Engineering ($160)
Total Deposit: $620 payable to the Aspen Community Development Department.
To apply, submit the following information:
1. Proof of ownership (for both properties)
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. 3_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 `'Y2" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current 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. Draft Plat including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state
of Colorado. Contact Engineering Department if more specifics are needed. 9205080.
10. A written description of the proposal and an explanation in written, graphic, or model form
describing how the proposed development complies with each of the review standards
relevant to the development application. Please include existing conditions as well as
proposed. Please refer to the review standards in the application.
11. Copies of all prior approvals relevant to the site(s) of the proposal.
If you should have any questions regarding the foregoing or should need assistance in any way,
please do not hesitate to contact Mitch Haas at 920-5095, or by e-mail at mitchh@ci.aspen.co.us.
*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.
"i.`:CR.�ND�*►.� CF 0WyJ6RS3-TP-ACC0MMOI?ATI0N NC LIAalLZ Y
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STATE OFA �� .YL_' ^o;1
^SEC TITLE INSURANCE A;,:,NT IN ^u:
F:T'CIt CO'v'6V?y. CC; LORA: J J1SLLv SvF jNEc-LL.Ca14� ^ Oc HE CLERK A�iJ RECOrcOa'R O?
GX1►NTE: ZV T:i.E L.AS'" I?�S.RU?!?'I¢^ '�PPARgN7'LY :BANS?ERRZ27GvWflERS3IP:
"OUGLAS SHEFFER
LEGAL DSSCHIPii014
SEE AT'TAT:zED 3°tE?..A . :tii�.RtZ `jry -EF.D
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NC 12
LI3NS ANJ ��'Gi`f YTS fe�CJ1INST 'AST GRANTEE? APP.i.1ENTLY CJ:7i2E:.k„'a9F.D:
IF:S ZNFOR ATIG;7 .S F;_,r.,
CCO DATICiV :HE INF:SR..MAT.-ON c `i �" IS -�R:v_5iiEC AS AN
W:^H U7 R=FERE' CE ,v-� 'oT Be U T1.<ej: c'R.i^ C UR TPAC^ IAtDiCES,
AFFECT THE RGA' c''ACO�r'Tp EXr+..ilT_'V )p, ih�Tt:`4 [JTS �.4 A ?URPORTS
. Y . H FJ �!A: I ,`! : S rE : T G :'AFiA,UTF.rD NOR TO
CERTIFIED, At. 0v IS NOT A.. ASSTRACT CF T'_'."i.z , CF=:`?; H\•rtO '71 rc
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CERTIFiEJ TO: ,AVUARY 19. 1993
PI"XIN COUNN
5y
MEMORANDUM
TO: Julie Ann Woods, Community Development Director
FROM: Joyce A. Ohlson, Deputy Director
RE: Wiener/Sheffer Lot Line Adjustment
DATE: May 11, 1999
Attached for your signature is a "Decision Notice" which approves the Wiener/Sheffer Lot
Line Adjustment. After conferring with Assistant City Attorney, David Hoefer, and at his
recommendation, I have utilized the amended criteria adopted by the City Council on
May 10, 1999 contained in Ordinance #10, Series 1999 in evaluating the application
and preparing this decision.
I have referred this application to the City Engineer and the applicant has responded to
the Engineering Department's requested amendments to the plat. You will note that the
plat contains a specific plat note which establishes the lot size for future calculations of
floor area and stipulates that no additional floor area or density may arise from the Lot
Line Adjustment.
NOTICE OF ADMINISTRATIVE DECISION
OF THE
COMMUNITY DEVELOPMENT DIRECTOR
Alan Richman, applicant, on behalf of William B. Wiener, Jr., owner of a lot identified as
Parcel No. 2737-073-345003 (located at 701 Gibson Avenue) and on behalf of Doug
and Barbara Sheffer, owners of a lot identified as Parcel No. 2737-073-300051 (located
at 707 Gibson Avenue) in the City of Aspen, Pitkin County, Colorado, has applied for a
Lot Line Adjustment in order to permit the transfer of equal amounts of land between the
two subject properties.
In accordance with the provisions of Section 26.88.030, Exemptions, of the City of
Aspen Land Use Regulations (the "Regulations"), the Community Development Director
is given the authority to grant an exemption from the Subdivision Regulations in order to
allow a lot line adjustment between contiguous lots if certain conditions exist or are met.
The application was reviewed under the criteria of Section 26.88.030(A)(1)(a-d) of the
Regulations.
Based on the review criteria, the Community Development Director finds the request to
be consistent with the conditions subject to the conditions stated below. Specifically, the
Planning Director determined:
a. It is demonstrated that the request is to correct an engineering or survey error
in a recorded plat or is to permit an insubstantial boundary change between
adjacent parcels; and
b. All landowners whose lot lines area being adjusted shall provide written
consent to the application; and
c. The corrected plat will meet the standards of this chapter, and conform to the
requirements of this title, including the dimensional requirements of the zone
district in which the lots are located, except in cases of an existing
nonconforming lot, in which the adjustment shall not increase the
nonconformity of the lot. The plat shall be submitted and recorded in the
office of the Pitkin County clerk and recorder. Failure to record the plat within
a period of one hundred eighty (180) days following approval shall render the
plat invalid and reconsideration of the plat by the Community Development
Director will be required before its acceptance and recording; and
d. It is demonstrated that the lot line adjustment will not affect the development
rights, including any increase in FAR, or permitted density of the affected lots
by providing the opportunity to create a new lot for resale or development. A
plat note will be added to the corrected plat indicating the purpose of the lot
line adjustment and the recognition that no additional FAR will be allowed with
the adjustment.
PLANNING DIRECTOR DECISION
This Administrative Decision for a Lot Line Adjustment and finding that this qualifies as
a Subdivision Exemption is hereby granted on this day of June, 1999 to allow an
adjustment to the lot lines between the subject properties as noted above and as shown
on the amended plat, subject to the following conditions.
CONDITIONS OF APPROVAL
1. No additional modifications to the approved plat are permitted without the
written approval of the Planning Director.
2. All applicable requirements of the Land Use Code of the City of Aspen,
except as provided for herein, must be satisfied prior to obtaining a
building permit.
3. A plat note must be included on the amended plat which indicates the
purpose of the lot line adjustment and that no additional floor area will be
allowed based on the lot line adjustment. The plat note language must
meet with the approval of the Community Development Director.
CITY OF ASPEN, COLORADO
Julie Ann Woods,
Community Development Director
Attest:
Jackie Lothian, Deputy City Clerk
Plat Note:
For the purposes of calculating allowable floor area in the future, the designated lot area
of Parcel 1 shall be square feet and the designated lot area of Parcel 2 shall
be square feet. The allowable floor area is subject to increase or decrease
based upon the Land Use Code provisions in place at the time of development
application; however, neither the allowable floor area nor density may be increased due
to an increase in the lot area caused specifically by the Lot Line Adjustment. This plat
note is in conformance with Section 26.88.030(e) of the Land Use Code which disallows
any increase in floor area or density in conjunction with the approval of a Lot Line
Adjustment.
EXHIBITS
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and g `\\
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for `" t�
(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 $ which is for a jr 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 APPLICANT
Signature:
Julie Ann Woods Date:
Community Development Director Printed Name:
City of Aspen Mailing Address: `I o
yt.v_ C- 0 `?s k k %_ i.
LEGEND & NOTES
WIENER y SHEFFER L 0 T LINE ADJUSTMENT
SUBDIVISION EXEMPTION
ti
CURVE
DELTA ANGLE
RADIUS
ARC
TANGENT
CHORD
CHORD BEARING
C 1
6.51'15'
620.00'
74.17'
37.13'
74.13'
S 61.16'22-E
C 2
I'41'21'
384.29'
11.33'
5.87'
11.33'
S 15.50'28'E
C 3
12.50'51'
389.30,
87.29'
43.83'
$7.11'
S 22.52'46'E
C 4
89*15,08'
23.33'
36.34'
23,03'
32.78'
N 81'59'09-W
LINE
BEARING
DISTANCE
L I
N 89'20'00-W
3.47'
SCALE
5.91
15.24'
L 3
N 89'20'00'W
L 4
S 29'18'13'E
0.04'
1 INCH - 20 FEET L 5
S 74'30'00'E
21.03'
L 6
S 26.48'52'W
5.00'
L 7
N 73'21'02'W
21.53'
0 10 20 30 40
CONTOUR INTERVAI IS 2 FEET
VO�
t
PROP. COR r
X. INyCONC.
U
\ FpOE OF P � O
YEL CAP 4vEME)l
4. ` \ \ \ s 6q • J
Iy y `\ \Sj00• I
DRIVE O
LOT >
' y PARKITG 6 ACCjSS 4-
EASEMENT ` �O
y J L l \ y \ P� SjS. 0 PARKING \ C/ w p. CON
j 84S 4j E 23 \ o C
y .NEW WEEDUM TRACT' YzolSA y y o��`qy \ lS OF BE4R-NGs 5 / \ \o N
Ln
,'.
0 y ® HOUSE PARKING \ j8 16 -56 -E
137, � • \' ., • •� S9 e9 SO -
48 . y \\\ 'iW ,, �' E'
HOUSE
-701
J• y � y y \-_ y ^ \ � \ \ 9 j0'3 \ y\ \ � SO.Op . / ,� - • q4.
j, 4. 4- y - y y fro ',~,•• \ \ \ • '\.
RECREATION (IN I E M E R) t Y CA
p- YEL CAP /GJ T6 '�\, 0 20 1 \
y- •� �•EASEMEwT �• y\ y y .A� s'I,;�i'• _' - \
BK 473 PG 800 b�, 9184 * 4'3
y .y J y y y L 0 T 2 5 A N Al. w, �28;` �:Q 6? 61.p' S/' I`��'h�
3p ';'' o -Q w \ \
J• J• y 41 y- y 4 1 25. 00 .' •
AREA
0521ACRES
4528 SO.FT.• /• PARCEL A
,8
—
4.
y y y -4,HOUSE
4, I °i W I ENER TO SHEFFER ° OTEw¢ Lj \ \
3 1,623 SO.FT.•/- / C4 P s
LE 5T /
-TENN I S COURT / co O
O _ _
h
q'J• J• J• J• 1 / � W M P
�9• / h MANII�I SHEFF E MAL�s \
0-p0,1 y y y y HYDRANT 1,62 SO. FT. •/-
�` y y -4,
UNPLATTED / SHEFF R
y
J• .6 •L EOACRES
J•' yy\_ 2 S.F-
N 89'2 '12'W y
38.71' --
Z�\ .L -41 .b J . - N ' 0QO
/ L I —251 .
'\ ,1.1 S' REC@EAT I ONAu. EASEMENT B—�./ 17819 \
a _ \\
p OKLABOMA FLA TS ADD TI ON
h
/ \ SHED "L UX PLA CER "
ENCROACHES
-\ HOUSE BLOCK 5
BLOCK 4
', N j4.30 0O
j0.00• w
NO CAP
��S•
ALUMOCAP w�DE) N07
30' WC eLD EV/OENCE SHEET 2 OF 2
GREEN
SHED
PREPARED BY
ASPEN SURVEY ENGINEERS. INC.
210 S. GALENA STREET
ASPEN, COLO. $1611
PHONE/FAX (970) 925-3816
JOB NO 28350B MAR, 3, 1999
�■
VICINITY MAP
SCALE I' - 400 FEET
FROM CITY 'GIS' MAP
M
J
7W.0
LEGEND AND NOTES
7'
O FOUND SURVEY MONUMENT AS DESCRIBED
BASIS OF BEARINGS FOUND MONUMENTS FOR CORNERS
• SET SPIKE SURVEY CONTROL
PITKIN COUNTY TITLE, INC. TITLE COMMITMENT
PCT 13634 DATED DEC. 7, 1998
A MEMORANDUM OF OWNERSHIP DATED JAN.
19, 1999 JOB 140. 1359 WAS USED IN
THE PREPARATION OF THIS SURVEY ALL EASEMENTS REFERENCED ON SAID DOCUMENTS
ARE SHOWN WERE APPLICABLE
---E) WIRE FENCE
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU
FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
_ CURVE
/ C \ 1 C 2
C 3
/ I I C
\ C 12
_ C 13
WIENER / SHEFFER LOT LINE ADJUSTMENT
SUBDIVISION EXEMPTION
DELTA ANGLE
RADIUS
ARC
TANGENT
CHORD
1:41*21'
384.29'
11.33'
5.67'
11.33
1250'51'
389.30'
87.29'
43.83'
87.11
6.51'IS'
620.00'
74.17'
37.13'
74.13
21'22'59'
234.00'
87.33'
44.18'
86.82
16'09'36'
176.00'
49.64'
24.99'
49.48
13'48'01'
500.00'
120.43'
60.51'
120.14
LINE
BEARING
DISTANCE
L
I
N 00'00'15'E
25.09'
L
2
S 59'03'29'E
15.91'
L
3
S 50'44'15'E
30.67'
L
4
N 89'20'00'W
5.24'
L
5
S 29.18'28'E
0.04'
L
6
N 89'20'00'W
3.47'
L
II
N 10'27'30'E
20.00'
L
12
N 12'33'00'W
27.94'
L
13
N 00'16'00'W
25.24'
L
14
N 43'45'00'E
10.88'
INDEX
SHEET
I SITE PLAN, CERTIFICATES,
6
VICINITY MAP
SHEET
2 IMPROVMENT SURVEY
d TOPOGRAPHY
PLAT NOTES
SCALE
CHORD BEARING
S 15'50'28-E
S 22'52'46'E
S 61'16'22'E
S 59'41'30'E
S 62'18'12'E
S 71'36'00'E
LEGAL DESCRIPTIONS
WIENER PROPERTY
LOT 2, THIRD AMENDED PLAT, HILL HOUSE CONDOMINIUMS, ACCORDING TO THE THIRD
AMENDED PLAT THERETO, RECORDED MAY 13, 1985 IN PLAT BOOK 17 AT PAGE 15, AND
AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR HILL HOUSE CONDOMINIUMS
RECORDED SEPTEMBER 14, 1978 IN BOOK 354 AT PAGE 751, AND AS CONTAINED IN THE
FIRST AMENDMENT RECORDED MARCH 28, 1983 IN BOOK 442 AT PAGE 566, AND THE SECOND
AMENDMENT RECORDED SEPTEMBER 19, 1984 IN BOOK 473 AT PAGE 789 AND AMENDMENT
RECORDED IN BOOK 527 AT PAGE 174.
SHEFFER PROPERTY
A PACEL DO LAND SITUATED IN THE NEI/4SW1/4 OF SECTION 7 TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE 6th P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN TRACT KONWN AS THE J.R.
WILLIAMS RANCH WHENCE THE WEST QUARTER CORNER OF SAID SECTION 7 BEARS N 55'27'55'W
2 369.32 FEET (BEING THE SAME POINT OF BEGINNING AS THE POINT OF BEGINNING IN THAT
DIED RECORDED IN BOOK 119 AT PAGE 220) THENCE N 15.00'00'E 113.6 FEET:
THENCE S 50'08'E 44.00 FEET: THENCE S 67'04'51'W 54.28 FEET: THENCE N 26'48'52'E
25.02 FEET: THENCE NORTH 72.63 FEET: THENCE S 59'03'29'E 15.91 FEET: THENCE
S 55'29'50'E 59.80 FEET: THENCE S 50'44'15'E 30.67 FEET TO A POINT ON THE WESTERLY
RIGHT OF WAY LINE OF THE OLD DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY: THENCE
FOLLOWING SAID RIGHT OF WAY LINE 11.33 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 384.30 FEET: THE CHORD OF WHICH CURVE BEARS S 15'50'I8'E 11.33 FT:
THENCE N 89'20'00'W 5.24 FEET ALONG SAID RIGHT OF WAY LINE: THENCE FOLLOWING SAID
RIGHT OF WAY LINE 87.29 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 389.30 FEET THE CHORD OF WHICH BEARS S 22'52'46'E 87.11 FEET: THENCE S 29.18'13'E
0.04 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF INTERSECTION WITH THE SOUTHERLY
LINE OF SAID J.R. WILLIAMS RANCH: THENCE N 89'20'00'W 251.13 FEET ALONG SAID SOUTHERLY
LINE TO THE POINT OF BEGINNING.
BEING THE SAME PROPERTY AS SHOWN ON THE THIRD AMENDED HILL HOUSE CONDOMINIUM PLAT
RECORDED MAY 13, 1985 IN PLAT BOOK 17 AT PAGE 15.
COUNTY OF PITKIN, STATE OF COLORADO
OWNERS" CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS THAT WILLIAM B. WIENER JR. AS OWNER OF LOT 2,
THIRD AMENDED PLAT, HILL HOUSE CONDOMINIUMS AND DOUGLAS SHEFFER AND BARBARA SHEFFER AS
OWNERS OF THAT REAL PROPERTY DESCIBED HEREON SITUATED IN'THE CITY OF ASPEN PITKIN
COUNTY COLORADO DO HEREBY REPLAT AND RESUBDIVDE THIS REAL PROPERTY AS SHOWN HEREON.
UNDER 'SHE NAME AND STYLE OF WIENER / SHEFFER LOT LINE ADJUSTMENT.
EXECUTED THIS _ DAY OF , 199_
WILLIAM B. WIENER, JR., OWNER
EXECUTED THIS _ DAY OF , 199_.
DOUGLAS SHEFFER, OWNER BARBARA SHEFFER, OWNER
STATE OF COLORADO 1
COUNTY OF PITKIN )
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
199_ BY WILLIAM N. WIENER, JR. AS OWNER OF LOT 2, THIRD AMENDED
PLAT, HILL HORE CONDOMINIUM.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
STATE OF COLORADO I
)..
COUNTY OF-PITKIN )
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
199_ BY DOUGLAS SHEFFER 6 BARBARA SHEFFER AS OWNERS OF THE REAL
PROPERT DESCRIBED HEREON.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
TITLE CERTIFICATE
TISE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC.
REGISTERED TO DO BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT
THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT
THOSE LISTED ON THE OWNER'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED
ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT
OF TITLE NOR AN OPINION OF TITLE, NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD
AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED
WITH ANY FINANCIAL OBLIGATION OR LIbBILITY WHATSOEVER ON ANY STATEMENT
CONTAINED HEREIN.
DATED: 1199_
VINCE HIGENS, PRESIDENT
PITKIN COUNTY TITLE, INC.
600 E. HOPKINS AVE.
ASPEN, COLORADO 81611
STATE OF COLORADO)
)84
COUNTY OF PIKTIN )
THE FOREGOING TITLE CERTIFICATE WA: :KNOWLEDGED BEFORE ME THIS
DAY OF ,199_ BY VINCENT J. HIGENS
AS PRESIDENT OF PITKIN COUNTY TITLE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I, DAVID W. McBRIDE, HEREBY CERTIFY THAT IN DEC. 1998 THRU MAR. 1999
A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED
PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES BUILDING ENVELOPES,
UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE INC.
NO.1 359 DAT DNJANUARY 19,1699AARE ACCURATE'LY9ANDACORIREECTLYNSHOWNFHEREONSHIP, JOB
THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001
OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38,
ARTICLE 51 AS AMENDED FROM TIME TO TIME.
SIGNED THIS _ DAY OF , 199_
DAVID W. McBRIDE RLS 16129
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA ST.
ASPEN, CO. 81611
ASPEN CITY PARK DIRECTOR'S APPROVAL
I JEFF WOODS PARKS DIRECTOR FOR THE CITY OF ASPEN, COLORADO DO HEREBY APPROVE THIS
WIENER / SHEFFER LOT LINE ADJUSTMENT PLAT THIS DAY OF;i , 199-
JEFF WOODS, CITY PARKS DIRECTOR
CITY ENGINEER'S APPROVAL
THIS WIENER / SHEFFER LOT LINE ADJUSTMENT PLAT WAS REVIEWED AND APPROVED BY THE
CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF , 199_.
CITY ENGINEER, NICK ADEH
COMMUNITY DEVELOPMENT APPROVAL
THIS WIENER / SHEFFER LOT LINE ADJUSTMENT PLAT WAS REVIEWED AND APPROVED BY THE
DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS _ DAY
OF , 199_.
DIRECTOR,
CLERK AND RECORDER'S ACCEPTANCE
ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY
COLORADO AT _ O'CLOCK _.M. ON THIS _ DAY OF , 199 IN PLAt
BOOK AT PAGE AS RECEPTION NUMBER
CLERK AND RECORDER, SILVIA DAVIS
PREPARED BY
ASPEN SURREY ENGINEERS, INC.
210 S. GALENA STREET
ASPEN, COLO. $1611
PHONE/FAX (9701 925-3816
SHEET I OF 2 JOB NO 28350C
MAR 03 19"
d
.f
WIENER / SHEFFER L 0 T LINE ADJUSTMENT
SUBDIVISION EXEMPTION
cot
tAA f CIR
SOUTH AYE
en
14 17
40
VICINITY MAP
SCALE I' - 400 FEET
FROM CITY 'GIS' MAP
7940.0
.;(-Al F
OWNERS" CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS THAT WILLIAM B. WIENER JR. AS OWNER OF LOT 2
THIRD AMENDED PLAT, HILL HOUSE CONDOMINIUMS AND DOUGLAS SHEFFER AND BARBARA' SHEFFER AS
OWNERS OF THAT REAL PROPERTY DESCIBED HEREON SITUATED IN THE CITY OF ASPEN PITKIN
COUNTY COLORADO DO HEREBY REPLAT AND RESUBDIVIDE THIS REAL PROPERTY AS SHOWN HEREON.
UNDER tHE NAME AND STYLE OF WIENER / SHEFFER LOT LINE ADJUSTMENT.
EXECUTED THIS _ DAY OF , 199_
WILLIAM B. WIENER, JR., OWNER
EXECUTED THIS _ DAY OF , 199_
DOUGLAS SHEFFER, OWNER BARBARA SHEFFER, OWNER
STATE OF COLORADO )
COUNTY OF PITKIN Its
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
99�. BY WILLIAM N. WIENER, JR. AS OWNER OF LOT 2, THIRD AMENDED
PLAT, HILL HOUSE CONDOMINIUM.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
STATE OF COLORADO I
)tc
COUNTY OF .PITKIN )
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
199_ BY DOUGLAS SHEFFER d BARBARA SHEFFER AS OWNERS OF THE REAL
PROPERT DESCRIBED HEREON.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
TITLE CERTIFICATE
THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC.
REGISTERED TO Db BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT
THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT
THOSE LISTED ON THE OWNBR-S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED
ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT
OF TITLE NOR AN OPINION OF TITLE, NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD
AND AGREBD THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED
WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT
CONTAINED HEREIN.
SATED:___
VINCE HIGENS, PRESIDENT 199_
PITKIN COUNTY TITLE, INC.
600 E. HOPKINS AVE.
ASPEN, COLORADO 81611
STATE OF COLORADO)
)tt
COUNTY OF PIKTIN )
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF 199_ BY VINCENT J. HIGENS
AS PRESIDENT OF PIIN COUNTY TITLE, INC.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I'DAVID W. McBRIDE HEREBY CERTIFY THAT IN DEC. 1998 THRU MAR. 1999
ASURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED
PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES BUILDING ENVELOPES,
UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE, INC.
TITLE COMMITMENT PCT - 13634 DATED DEC. 07 1998 AND MEMORANDUM OF OWNERSHIP, JOB
NO. 1359 DATED JANUARY 19, 1499 ARE ACCURATELY AND CORRECTLY SHOWN HEREON
THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001
OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38,
ARTICLE 51 AS AMENDED FROM TIME TO TIME.
SIGNED THIS _ DAY OF , Igg_
DAVID W. McBRIDE RLS 16129
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA ST.
ASPEN, CO. 81611
ASPEN CITY PARK DIRECTOR'S APPROVAL
I JEFF WOODS PARKS DIRECTOR FOR THE CITY OF ASPEN, COLORADO DO HEREBY APPROVE THIS
WIENER / SHE0ER LOT LINE ADJUSTMENT PLAT THIS DAY OF 1 199_.
JEFF WOODS, CITY PARKS DIRECTOR
0 FOUND SURVEY MONUMENT AS DESCRIBED
- /
BASIS OF BEARINGS FOUND MONUMENTS FOR CORNERS
\ CURVE
C
DELTA ANGLE RADIUS
ARC
TANGENT
CHORD CHORD BEARING
C I T Y ENGINEER'S APPROVAL
\ C 2
/
12°50'51' 389.30'
87.29'
• SET SPIKE SURVEY CONTROL
43.83'
87.11' S 22°52'46'E
CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF
C 3
6'51'15' 620.00'
74.17'
37.13'
74.13' S 61°16'22'E
199_.
PITKIN COUNTY TITLE, INC. TITLE COMMITMENT PCT 13634 DATED
/ C 11
DEC. 7, 1998 \ C 12
21°22'59' 234.00'
16'09'36-
87.33'
44.18'
86.82' S 59*41'30'E
CITY ENGINEER, NICK ADEH
8 MEMORANDUM Of OWNERSHIP DATED JAN. 19, 1999 JOB N0. 1359
WAS USED IN -
176.00'
49.64'
24.99'
49.48' S 62°18'12'EC
THE PREPARATION OF THIS SURVEY ALL EASEMENTS REFERENCED ON
ARE SHOWN WERE APPLICABLE
- 13
SAID DOCUMENTS \ /
13'48'01' S00.00'
120.43'
60.51'
120.14' S 71'36'00'E
--------- WIRE FENCE
- =
LEGAL DESCRIPTIONS
LINE BEARING
DISTANCE
WIENER PROPERTY
--
COMMUNITY DEVELOPMENT APPROVAL
L I N 00°00'I5'E
25.09'
LOT 2, THIRD AMENDED PLAT, HILL HOUSE CONDOMINIUMS, ACCORDING TO THE THIRD
THIS WIENER / SHEFFER LOT LINE ADJUSTMENT PLAT WAS REVIEWED AND APPROVED BY THE
L 2 S 59°03'29'E
15.91'
AMENDED PLAT THERETO, RECORDED MAY 13, 1985 IN PLAT BOOK 17 AT PAGE 15, AND
DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS DAY
OF 199_.
L 3 S 50°44'15'E
30.67'
AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR HILL HOUSE CONDOMINIUMS
,
L 4 N 89°20'00'W
5.24'
RECORDED SEPTEMBER 14, 1978 IN BOOK 354 AT PAGE 751, AND AS CONTAINED IN THE
L 5 S 29°18 28'E
0.04'
FIRST AMENDMENT RECORDED MARCH 26, 1983 IN BOOK 442 AT PAGE 566, AND THE SECOND
DIRECTOR,
L N 89°20'00'W
3.47'
AMENDMENT RECORDED SEPTEMBER 19, 1984 IN BOOK 473 AT PAGE 789 AND AMENDMENT
1
L II N 10°27'30'E
L 12 N 12°33'00'W
20.00'
RECORDED IN BOOK 527 AT PAGE 174.
CLERK A N D RECORDER'S ACCEPTANCE
L 13 N 00°16'00'W
2.4'
25.24'
SHEFFER PROPERTY
ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY
L 14 N 43°45'00'E
10.88'
COLORADO AT — O'CLOCK _ .M. ON THIS DAY OF
BOOK AT PAGE 199_ IN PLAN
A PACEL OD LAND SITUATED IN THE NEI/4SW1/4 OF SECTION 7 TOWNSHIP 10 SOUTH,
AS RECEPTION NUMBER _
RANGE 84 WEST OF THE 6th P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN TRACT KONWN AS THE J.R.
i N D E /�
WILLIAMS RANCH WHENCE THE WEST QUARTER CORNER OF SAID SECTION 7 BE ' N 55" i5'W
2 369.32 FEET (BEING THE SAME POINT OF BEGINNING AS THE POINT OF E
CLERK AND RECORDER, SILVIA DAVIS
INNING .HAT
DIED RECORDED IN BOOK 119 AT PAGE 220) THENCE N 15'00'00'E 113.6 FEET:
SHEET I SITE PLAN, CERTIFICATES,
6
THENCE S 50°08'E 44.00 FEET: THENCE S 67°04'51'W 54.28 FEET: THENCE N 26°48'52'E
25.02 FEET: THENCE NORTH 72.63 FEET: THENCE S 59°03'29'E
VICINITY MAP
15.91 FEET: THENCE
S 55'29'50'E 59.80 FEET: THENCE S 50°44'15-E 30.67 FEET TO A POINT ON THE WESTERLY
RIGHT OF WAY LINE OF THE OLD DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY: THENCE
SHEET 2 IMPROVMENT SURVEY
6 TOPOGRAPHY
FOLLOWING SAID RIGHT OF WAY LINE 11.33 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 384.30 FEET:
PLAT NOTES
THE CHORD OF WHICH CURVE BEARS S I5'50'18'E 11.33 FT:
THENCE N 89°20'00'W 5.24 FEET ALONG SAID RIGHT OF WAY LINE: THENCE FOLLOWING SAID
PREPARED BY
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
RI
RIGHT OF WAY LINE A CUR
FEET ALONG THE ARC OF A CURVE TO THE LEFT HAYING A RADIUS
BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER rou
THE
389.30 FEET THE CHORD OF WHICH BEARS S 2F E 87.11 FEET: THENCE S 29'IU 13'E
0.04 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF INTERSECTION
ASPEN SURVEY ENGINEERS, 1 N C
FIRST D I SCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED
WITH THE SOUTHERLY
LINE OF SAID J.R. WILLIAMS RANCH: THENCE N 89'20'00'W 251.13 FEET ALONG SAID SOUTHERLY
LINE TO THE POINT OF BEGINNING.
.
210 S. GALENA STREET
UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS
FROM
BEING THE SAME PROPERTY AS SHOWN ON THE THIRD AMENDED HILL HOUSE CONDOMINIUM PLAT
ASPEN, COLO. 81611
THE DATE OF THE CERTIFICATION SHOWN HEREON.
RECORDED MAY 13, 1985 IN PLAT BOOK 17 AT PAGE 15.
PHONE/FAX (970) 925-3816
COUNTY OF PITKIN, STATE OF COLORADO
SHEET 1 O F 2
JOB NO 28350C MAR 03 1999
pj
WIENER / SHEFFER L 0 T LI NE A D J US TM* ENT
LEGEND d, NOTES SUBDIVISION EXEMPTION
'NEW WEEDUM TRAC1
ti
CURVE
DELTA ANGLE
RADIUS
ARC
TANGENT
CHORD
CHORD BEARING
C 1
6.51,15,
620.00,
74.17'
37.13'
74.13'
S 61.16'22'E
C 2
1.41'21'
384.29'
11.33'
5.67'
11.33'
S 15.50'28'E
C 3
12.50*51'
389.30'
87.29'
43.83'
87.11'
S 22.52'46'E
C 4
89.15'08'
23.33'
36.34'
23.03'
32.78'
N 81.59'09'W
LINE
BEARING
DISTANCE
L I
N 89.20'00'W
3.47'
S C A L E
L 2
S 59°03'29'E
15.91'
L 3
N 89.20'00'W
5.24'
1 INCH - 20 FEET
L 4
S 29.18'13'E
0.04'
L 5
S 74.30'00'E
21.03'
L 6
S 26.48'52'W
5.00'
0 10 20 30 40
L 7
N 73.21'02'W
21.53'
CONTOUR NTERVA lid 2 i, T
YEL CAP MFNT
\\ I \ DRIVE ,4, ARK I�G a ACCJSS 4.\ y LOT / \
eeerucNT \ \ /
70
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19 Y4). 41 \ BEgRlNG \
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WIENER TO SHEFFER
y y y y 41 TENN I S COURT / 3 TOTEM
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y y
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E 0 ACRES
N 89.2 '12'W
38.71'
yam` y _y y y / \
0 5 - RECQEAT I ONALi EASEMEt4T B 37 4, PG 1784 / L I OS2.�
Sf• per,
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BLOCK 5
\
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SHEET 2 0F 2
GREEN
� SHED
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 S. GALENA STREET
ASPEN, COLO. 81611
PHONE/FAX (970) 925-3816
JOB NO 28350B MAR. 3, 1999