HomeMy WebLinkAboutLand Use Case.38996 Hwy 82.A013-01
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CASE NUMBER .
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A013-01
2735-112-01018
Pomearanate Garaaes Condominiumization
38996 Hiahwav 82
Nick LelacklJames Lindt
Condominiumization
Pomearanate Home Owners Association C/o SDaldina
Joseph Edwards
3/5/02
Plat Recorded
3/5/02
J. Lindt
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LAW OFFICES
HILL, EDWARDS, EDWARDS & KINNEY, L.L.C.
CENTENNIAL PLAZA BUILDING
502 MAIN STREET, SUITE 201
CARBONDALE. COLORADO 81623
TELEPHONE
(970) 963-3900
FACSIMILE
(970) 963-3131
THOMAS C. HILL
JOSEPH E. EDWARDS, JR., P.C.
JOSEPH E. EDWARDS, III
TOM KINNEY
February 13,2002
VIA HAND DELIVERY
James Lindt
Aspen/Pitkin County
Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Pomegranate Condominiums
Dear James:
Pursuant to our conversation, enclosed is a check in the amount of$20.00 for recording fees and two
original mylars of the Pomegranate Garage Condominium Map. I would appreciate it if you would
have the map executed by the Community Development Director and recorded. There are two copies
of the final and fully-executed Plat enclosed.
With this letter, I am sending a Memorandum dated February 26,2001 from Richard Goulding,
Project Engineer, to Nick Lelack, Planner, concerning the Pomegranate Condominiums. We
submitted, on behalf of Pomegranate, a request to condominiumize the garage units at the
Pomegranate Condominiums. Nick informed me that as soon as we could satisfy the conditions of
the enclosed Memorandum, the Plat would be signed and recorded.
The issues outlined in the enclosed Memorandum are addressed as follows:
1. The topographic features have been added to the map, including the topography of all the
berms and along the easement.
2. Snow storage has been identified on the property and, pursuant to the notes, comprises an
area of approximately 25% of the driveway and parking surface areas.
3. An index of the maps has been added in the lower left comer of page I.
4. The Surveyor's Certificate has been completed.
James Lindt
February 13, 2002
Page 2
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5. The Owners' Certificate has been signed and notarized.
6, The word "Condominiumization" has been added to the title.
7. The alleyway between the garage and the condominiums shall be kept clear at all times and
a note to this effect is in the Legend and Notes to the map.
8. A permanent barrier has been erected in the space where the old emergency access was off
Highway 82. A berm and landscaping has been constructed in this area and the plastic
orange fencing has been removed.
I would appreciate it if you would let me know when the Map is recorded so that I may obtain a fully
signed and recorded copy for our records. Please contact me if you have any questions.
Sincerely,
DW~~ KINNEY,L.L.C.
. Edwards, III I
closures
cc: Michael L. Spalding
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MEMORANDUM
To: Nick Lelack, Planner
From: Richard Goulding, Project Engineer
Date: February 26, 2001
Re: Pomegranate Condominiums
1) All topographic features are to be shown. This refers to the burms between the
property and highway 82 and along the easement at the east end of the property
2) Snow storage area's be shown on property
3) An index of maps needs to be printed on the first page if the plat contains more than
one sheet
4) The Surveyor's certificate needs to be completed showing that the survey is
compliant with the Colorado Revised Status 1973 Title 38 Article 51.
Surveyors address, phone no also need to be shown
5) Owners Cert. and the Community Development Director Cert, need to be signed and
completed
6) State the purpose of the plat on the title, the fact that it is a condominiumization
7) The alleyway between the garages and existing condos is kept clear at all times, so
as to allow access for the fire department. Indicate this on the Plat.
8) The Emergency Access from highway 82 in the center of the parking lot marked L4
on the plat needs to have a permanent barrier in place, The existing plastic orange
fence is not sufficient. A acceptable solution would be the removing of the asphalt
surface and the replacement of it with a burm similar to what is on either side of it
JAN-24-2001 WED 11:09 AN
FAX NO.
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESEN TA TlVE:
OWNER:
TYPE or APPLlCATJON;
DESCRIPTION;
Chris nendon, 920.5072 DATE: 1.24.01
Pomogranante Condo Plat
Jodi Edwards
Poniogrananle HOA
Subdivision exemption for Condominiumization
Condominiumization of existing garages owned in common to allow individual ownership.
land Use Code Section(s)
26.480.090 Condominiumization
26.304 Development Review Procedures
Review by;
Staff for complete application, referml agencies for technical c:onsiderations, Community
Development Director for final approval.
No.
Engineering
Planning Flat ree $280
Engineering $180
$460
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
1. Tolal deposit for review of the application.
2. Proof of ownership.
3. Applicant's name, address and telephone humber in a lelter signed by the applicant, which also stales the name,
address and telephone number of the representative. Include street address and legal description of the property.
4. SUlllmary letter explaining the request (existing conditions and proposed uses). .
5. An 8 1/2" by II" vicinity map locating tlw parcel within the City of Aspen.
6. Old (existing) plat if one exi~ts,
7. Proposed plat from a registered land surveyor. Call City :Engineer for plat requirements. 920.5080
8. Copies of prior approvals (from City Clerk)
9, --...1.._Copies of the complete application packet (items 2-8)
Note: Show new access easement from MCC.
Process:
Apply. Planner reviews ca~e for completeness and sends to Engineering and referral agencies. 2-3 week~ later planner
will contact applicant with the suggestions from Engineering for prepamtion ofthe Fi1l:31 Plat. The applicant's surveyor
makes those changes and brings in 2 reproducible mylar copies to the planner. Planncr reviews plat fOr consistency with
Engineel'i11g suggestions and the Director approves, approves with conditions, or denies application based on consistency
with the review crileria and technical considerations. Plat is then signed by City Engineer. Applicant records the final
plat at the Call1lty Clerk and Recorder. Recording Fee: $] J for tirst page, $10 thereafter.
Di!';claimcr:
1l1e foregoing summary is advisory itl nature only and is not binding on. the City. The summary is based on cunent ?cming, which is
subject to change in the future, and upon factual representations that mayor l11ay not be accurak. The summary does not create a
legal or vcslCu righr.
RECEIVED TIME JAN. 24. 10:?2AM
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HILL, EDWARDS, EDWARDS & ADKISON, L.L.C.
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LA WOFF.ICES
THOMAS C. HILL
JOSEPH E. EDWARDS, JR., p,e.
JOSEPH E. EDWARDS, m
THOMAS L. ADKISON
CENTENNIAL PLAZA BUILDING
502 MAIN STREET, SUITE 201
CARBONDALE, COLORADO 81623
TELEPHONE
(970) 963.39D0
FACSIMll..E
(970)963-3131
January 25, 2001
Chris Bendon
AspenlPitkin County
Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Condominiumization of Existing Garages for Pomegranate Condominiums
Dear Chris:
Please consider this letter our Application for Subdivision Exemption for Condominiumization of
the existing garages at the Pomegranate Condominiums. Enclosed are a copy of the Pre'Application
Conference Summary and the follo\Ving information required for the application.
I. A check from our office in ti\e amount of $460.00 as the deposit for review of the
application.
2. Proof of ownership.' As an attorney licensed in the State of Colorado, I certifY that
the owner of the property on which the garages are located is the Pomegranate Condominium
Association, a Colorado non-profit corporation. For your reference, enclosed is a copy of a Special
.,. .
Warranty Deed recorded as Reception No. 427519 in the Pitkin County Records.
3. The applicant's name is the Pomegranate Condominium Association, a Colorado
non-profit corporation, whose address is c/o Spalding Properties, 600 E. Main Street, Aspen,
Colorado, 81611. I am an authorized representative of that corporate entity and any correspondence
\Vith regard to this application may be sent to me. The legal description of this property is included
on the Speci<ll Warranty Deed which is enclosed. Please note that the portion of the property
"excepted" from the Special Warranty Deed is the portion of the Pomegranate property which is
located in Pitkin County and is owned by the owners of the individual condominium units of the
Pomegranate Condominiums.
4. The existing conditions are that the garages are constructed and in place. The
proposed use is to continue using the garages as garages solely for owners of units of Pomegranate
Condominiums. The purpose of condominiumizing the units is to allow the free transferability of
those units among the unit owners so that one owner may purchase a garage unit from another unit
owner. This would not be feasible if the garages were simply limited common elements associated
Chris Bendon
January 25, 2001
Page 2
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with a particular unit as is usually the case. There is already recorded a Declaration of Covenants,
Conditions and Restrictions which prohibits transfer of the garage units to anyone other than an
owner of a condominium unit.
5. There is a vicinity map included on the draft condominium plat. I have enclosed a
photocopy of that vicinity map in an 8Yz x II form.
6. Enclosed is a copy of the existing First Amended Plat of the Pomegranate
Condominiums recorded at Book 48, Page 56, of the Pitkin County Records which shows the
approved garage area.
7. Enclosed are two copies of a proposed Pomegranate Condominiums Garage
Condominium Survey Plat which conforms with the requirements of Sec. 38-33.3-209, Colorado
Revised Statutes.
8. To the best of my knowledge, there are no prior approvals from the City associated
with condominiumization of these garages.
9. Enclosed are two copies of each of the above items.
10. Enclosed is a copy of the Easement Agreement whereby the Maroon Creek Club
granted the twenty-foot emergency access easement which allows fire trucks to .
access the drive on the south side of the garages between the garages and the
condominium building.
I would appreciate it if you would let me know if there is any additional information or if any
changes are necessary to the plat so that we may finalize this as soon as possible.
Please contact me if you have any questions.
Sincerely,
HILL, EDWARDS, EDWARDS & ADKISON, L.L.C.
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Josep . Edwards, III
c: chael Spalding
Enclosures
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ORDINANCE NO. 38
(SERIES OF 1997)
. AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
PARK-PLANNED UNIT DEVELOPMENT (P-PUD) TO RESIDENTIAL MUL Tl-F AMIL Y
(RMF) AND CONCEPTUAL AND FINAL APPR()V ALOF A.SP"E(;~AL~Y P~~ED
AREA (SPA) FORA PARCEL OF LAND AT 39100 ffiCHWAY82, OWNED BYTIIE
POMEGRANATE CONDOMINIUM HOMEOWNERS ASSOCIATION, CITY OF ASPEN;
COLORADO
WHEREAS, The Pomegranate Condominiwn Homeowners Association (Applicant)
submitted an application (development proposal) to the Planning Office to rezone from Park-
Planned Unit Development (P-PUD) to Residential Multi-Family (RMF) and to approve a
Conceptual and Final Specially Planned Area (SPA) for a 1.92 tract of land, generally described as
the land between the Pomegranate Condominiwns and State Highway 82, located at 39100
Highway 82 and more accurately described in Exhibit A; and,
WHEREAS, the Planning Department reviewed the development proposal in accordance
with all applicable procedures and review criteria set forth in Sections 26.28, 26.52, 26.56, 26.80
and 26.92 of the Municipal Code; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing on October
7, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the development
proposal in accordance with all applicable procedures and recommended to City Council approval
of the Amendment to the Official Zone District Map and Conceptual and Final approval for a
Specially Planned Area (SPA); and,
WHEREAS, the Planning and Zoning Commission Resolution No. 97-26 is attached to
this City Council Ordinance as Exhibit B; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28,
26.52,26.56,26.80, and 26.92, of the Municipal Code, considered those recommendations as made
by the Planning Director and the Planning and Zoning Commission, and has taken and considered
public comment at a public hearing on December 8, 1997; and,
Ordinance No. 38, Series 1997
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WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council strongly encourages the owners of the Pomegranate
Condominiums to consider armexing into the City of Aspen; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1:
That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as
described in Exhibit A from Park-Plarmed Unit Development (P-PUD) to Residential Multi-Family
,Specially Plarmed Area (RMF-SPA).
Section 2:
The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to
reflect the amendment as set forth in Section I above.
Section 3:
Pursuant to Sections 26.28, 26.52, 26.80, and 26.92, and subject to those conditions of approval as
specified hereinafter, the City Council hereby grants approval for an amendment to the Official
Zone District Map and ConceptUal and Final Specially Plarmed Area, with the following
conditions:
I, Prior to issuance of a certificate of 09cupancy for the garages, the applicant shall complete and
record an SPA agreement with the City in accordance with the requirements of the City Attorney
and a final plat that meets the requirements of the City Engineer.
2. The SPA Agreement and the Final Plat shall contain the following language:
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Ordinance No. 32, Series 1997
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414431 03/11/1998 02:54P ORD1NANC DAVISSILVI
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Dimensional Requirements are as Follows:
Minimum Percent open space:
Minimum distance between buildings:
Maximum height:
Minimum front yard:
Minimum rear yard:
Minimum side yards:
Minimum lot width:
Minimum lot area:
Trash access area:
Internal floor area:
Number of off-street parking spaces:
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35 percent.
10 feet.
28 feet for residential structure,
10 feet for garage structure,
100 feet, measured from Highway 82
Right-of-way.
10 feet.
10 feet each.
375 feet.
As represented on fj,nal plat.
Minimum 10' wide, unobstructed.
Existing.
Minimum 1 per bedroom or 2 per
residential unit.
Uses:
Uses on the portion of the parcel within City jurisdiction shall be limited to those permitted
in the Residential Multi-Family Zone District as specified in the Aspen Municipal Code, as
amended. Uses within the ffont yard, the area within 100 feet of the Highway 82 right-of-
way, shall be limited to those represented on this final plat. Density on this parcel, .
regardless of jurisdiction, shall be 18 residential units unless otherwise approved pursuant to
all applicable Sections of the jurisdiction's Land Use regulations, as amended.
Amendments:
Any amendment of this SPA shall be considered pursuant to all applicable Sections of the
Municipal Code, as amended, including Section 26.80,040, as amended, In addition to the
qualifying requirements for an insubstantial amendment found in Section 26.80.040(E)(l) of
the Aspen Municipal Code, the following shall be considered: An increase by greater than
one (I) percent in the overall coverage of structures on the land shall not be considered an
insubstantial amendment. A reduction by greater than one (1) percent ofthe approved open
space shall not be considered an insubstantial amendiTIent. An increase by greater than one
(1) percent in the approved residential density of the development shall not be considered an
insubstantial amendment. An increase in residential floor area greater than one (1) percent
shall not be considered an insubstantial amendment. An increase in garage floor area greater
than one (1) percent shall not be considered an insubstantial amendment. Any garage floor
area converted to any other use shall hot be considered an insubstantial amendment. Any
structure(s) proposed within one-hundred (100) feet of the Highway 82 right-of-way shall
not be considered an insubstantial i!lTIendment.
3. All material representations made by the applicant in the application and during public meetings
shall be adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
Ordinance No. 32, Series 1997
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Section 4:
All material representations and commitments made by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if nIlly set forth herein, unless
amended by other specific conditions.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 7:
That the City Clerk is directed, upon the adoption of this ordinanc<:, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
A public hearing on the Ordinance shall be held on the 8th day of December, 1997 at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation within
the City of Aspen.
Ordinance No. 32, Series 1997
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414431 03/11/1998 02:54P ORDINANC DAVIS SILVI
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 10th day of November, 1997,
Approved as to form:
Approved as to content:
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City Attorney
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John Bennett, Mayor
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Approved as to' form:
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FINALLY, adopted, passed and approved this &th day of December, 1997.
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Attac~liIts:'Exhibit A -- Legal description of property
Exhibit B -- Planning and Zoning Resolution No. 97-26
Ordinance No. 32, Series 1997
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414431 03/1f/199$ ~2i54P'ORD!NANC DAVIS SILVI
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SPECIAL WARRANTY DEED
Cf: $O.CO
Maroon Creek Limited Liability Company ("Grantor"), for Ten Dollars and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
bargains, sells and conveys to the Pomegranate Condominium Association, whose address is c/o
Coates Reid & Waldron, 720 East Hyman Avenue, Aspen, CO 81611 the following real property
in Pitkin County Colorado:
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A tract ofIand situated in Lot 4 of Section 11, Township 10 South, Range 85 West
of the 6th Principal Meridian, also being within the Maroon Creek Club
Subdivision, Pitkin County, Colorado, being more particularly described as
follows:
Beginning at a point from which the NW corner of said section bears S 29017' 00"
W 9.71 feet and N 64014'44" W 2353.33 feet; thence N 48024'11" W 64.96 feet;
thence N 11 056'54" W 149.77 feet; thence N 30006'33" E 195.92 feet to the
southerly right'of-way line of State Highway 82, also being the boundary of
Maroon Creek Club Subdivision; thence S 60048'00" E 375.70 feet along said
subdivision boundary; thence leaving said right of way S 18009'00" W 176.89 feet
along the easterly boundary of Maroon Creek Club Subdivision; thence S
18009'00" W 30.96 feet; thence N 89041 '21" W 259.10 feet; thence N 48024' 11"
W 30.50 feet to the point of beginning, containing 2.541 acres more or less;
Excepting therefrom the following described land:
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8 a. ~ 18009'00" W 19.30 feet; thence N 89035'00" W 290.30 feet to the point of
t1 ~ ~ beginning, containing 0.6192 acres more or less;
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'" together with all its appurtenances and warrants the title against aU persons claiming under
Grantor, subject to taxes for 1997 and thereafter, and subject to those items set forth on Exhibit A
attached hereto and incorporated herein by this reference, all of the records of the Pitkin County
Clerk and Recorder's Office.
A tract of land located in Lot 4 of Section 11, Township 10 South, Range 85 West
of the 6th Principal Meridian, Pitkin County, Colorado, being more particularly
described as follows:
Beginning at a point from which the NW corner of said section bears N 64014'44"
W 2353.33 feet; thence N 29017'00" E 86.80 feet; thence N 60043'00" W 60.57
feet; thence N 29017'00" E 72.28 feet; S 60043'00" E 311.07 feet; thence S
Dated: September l, 1997 MAROON CREEK LIMITED LIABILITY COMPANY
Bye: b'::i~~ ~
es T. Pearce, ,r., Manager
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STATE OF COLORADO )
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COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me September 3 , 1997, by James
,T .J.?~aXS '.,Ir., as Manager of Maroon Creek Limited Liability Company. -
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427!19 02/08/1999 03:43P SPEC ND DAVIS SILVI
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EXHIBIT A
1. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted as reserved in United
States Patent recorded August 11, 1980 in Book 55 at Page 173.
2. Ditches and ditch rights, springs, wells and rights to water appurtenant to subject
property, if any, as reserved in Deed recorded November 3,1969 in Book 244 at Page
307 and in correction Deed recorded March 18, 1970 in Book 247 at Page 417.
3. Terms, conditions and obligations of Covenants and Agreement, as it affects subject
property, as set forth in Deed recorded November 3, 1969 in Book 244 at Page 307 and
the correction Deed recorded March 18, 1970 in Book 247 at Page 417.
4. Perpetual, non-exclusive easement 60 feet in width as reserved in Deed recorded March
18, 1970 in Book 247 at Page 417.
5. Terms, conditions and obligations of Agreement between the City of Aspen and Number
One Main Corporation, recorded in Book 218 at Page 392 and Contract for Water Service
between said parties recorded in Book 218 at Page 531.
6. Terms, obligations, conditions, provisions, restrictions, and reservations of Condominium
Declaration recorded in Book 248 at Page 494 and Articles ofIncorporation recorded in
Book 248 at Page 531.
7. Terms, conditions, provisions, obligations, reservations and restrictions as contained in
Resolution No. 79-41, recorded May 10, 1979 in Book 368 at Page 424.
8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the
Board of Adjustment recorded October 25, 1995 in Book 797 at Page 789 as Resolution
No. 95-16A.
9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the
Board of County Commissioners recorded November 9,1995 in Book 799 at page 160 as
Resolution No. 95-200.
10. Terms, conditions, provisions and obligations as set forth in Master Agreement recorded
September 20,1996 as Reception No. 397240.
11. All water and water rights, ditch and ditch rights, well and well rights appurtenant to and
historically used on or in connection with or located on or under the Subject Property, all
of which are hereby reserved by Maroon Creek Limited Liability Company.
M:\kferraro\oksf\maroon\docs\exhibit.a
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19 02/08/1999 03:43P SPEC ND DAVIS SILVI
3 0' 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO
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12. Terms, conditions, provisions, obligations and all matters as set forth in the Declaration
of Covenants recorded h !'rt<4r'1 '! ,1991, as Reception No. 'Iz 7 S" 17
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13. All matters of record on the date of recording of this Deed, except monetary
encumbrances.
U(fi~ '!~~!I~!tll"ll'/II 11/ '11'/11/11/ 1111I11'//11/
40' 4 R 21.00 D 00:04~P0SPEC WD DAVIS SILVI
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M:\kferraro\oksf\maroon\docs\exhibit.a
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EASEMENT AGREEMENT
This EASEMENT AGREEMENT is made this ~l5'itday of peCI>Io1AeJ:. 2000 b'e1:"'e~Il
POMEGRANATE CONDOMINIUMASSOCIA nON,INC., a Colorado nonprofit corporation (the
"Association"), and the individual members thereof (the "Members"), and MAROON CREEK
LIMITED LIABILITY COMPANY, a Colorado limited liability company ("Owner").
RECITALS
A. Owner is the owner of the property known as the Maroon Creek Club ("MCC"), as
a portion of which is described in that plat recorded as Amended Maroon Creek Club Parcel "B"
recorded in Plat Book 48 at Pages 54-55 as Reception No. 427489 of the real estate records of Pitkin
County, Colorado ("MCC Property").
B. The Association is the corporation to which reference is made in the Condominium
Declaration for Pomegranate East Apartments (the "Declaration") recorded in Book 248 at Page 494
of the real estate records of Pitkin County, Colorado. The Association governs the administration
of and the Association and Members collectively own all lands and improvements submitted to the
Declaration as shown on the First Amended Plat of Pomegranate Condominiums recorded in Plat
Book 48 at Page 56 as Reception No, 427490 (the "Association Lands"). Association Lands are
contiguous to the MCC Property.
C. The parties have agreed to an easement for the benefit of the Association and
Members across MCC Property. The limited purpose of this Easement Agreement is to grant the
Association an emergency-only easement for Emergency Vehicles (defined below) for ingress and
egress on and across an existing road on MCC Property that is adjacent Association Lands.
AGREEMENT
For ten dollars and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged and confessed, :he parties agree as follows:
I. Grant of Easement. Owner hereby quit claims to the Association a permanent and
nonexclusive easement limited to use only by emergency vehicles over and across the lands
described on Exhibit A attached hereto and made a part hereof (the "Easement Area"). The
Easement Area shall not be used by the Association for any purpose except: (i) to provide ingress
and egress to Association lands for Emergency Vehicles along the existing road from State Highway
82, and (ii) for maintenance and repair of the Easement Area, as described below. The Association
shall be responsible for and shall pay the costs for all maintenance and repair of the Easement Area,
including snow plowing. Owner agrees not to block the Easement Area or otherwise prevent
emergency access along the Easement Area. For purposes of this Easement Agreement, the term
Emergency Vehicles means fire trucks and ambulances that are too large to serve the Pomegranate
Condominiums utilizing the driveway serving and entirely within Association Lands.
1111111111111111111111111111111111 1111111I1111111111111
45029901/05/2001 12:45P EASEMENT DAVIS SILVI
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2. Termination. If the Association or any person authorized by the Association uses the
Easement Area for any purpose not specifically authorized by this Easement Agreement and fails
to cease such use after 10 days' written notice, then, in addition to Owner's other rights and
remedies, Owner shall have the right to terminate the easement herein granted by delivering written
notice of termination to the Association, such termination to be effective immediately.
Notwithstanding the preceding sentence, Owner shall have the right to immediately terminate the
easement herein granted, and the Association shall not be entitled to any cure period, upon the
second occurrence of any use of the Easement Area for any purpose not specifically authorized by
this Easement Agreement. Notice of termination by Owner pursuant to this paragraph shall be
conclusive and final and the Association hereby agrees that it shall not dispute or contest any notice
of termination sent by Owner in good faith.
3. Indenmificaticl1. The /'\ssociation agree',:; to protect, indemnify and hold harmless
Owner from and against any loss, damage or claims, including reasonable attorneys' fees and costs,
arising out of: (i) the use of the Easement Area by the Association or emergency service providers,
which indemnity shall include, but not be limited to, injury or loss to persons or property; (ii) any
mechanic lien claims for unpaid labor, services or materials affecting any of the Easement Area; and
(iii) breach of this Easement Agreement. The Association shall obtain, at its expense, and keep in
full force and effect, with a reputable insurer, general public liability insurance for the Easement
Areawith a limit of not less than $1,000,000.00; and all said policies shall name Owner (or any
subsequent owners of the land burdened hereby) as an additional insured and the Association shall
provide Owner (or any subsequent owners of the land burdened hereby) with proof of such
insur,ance. Owner shall have the right to request the Association to review and increase the limits
of insurance coverage hereunder based on prevailing limits then carried by like or similar risks.
Such:insurance shall provide that it may not be cancelled or modified to Owner's detriment without
Owner's consent.
4. Reservation of Rights by Owner. Owner reserves the right to use and enjoy the
Easement Area and the land beneath and the air space above for all purposes which do not
unreasonably interfere with the use thereof by the Association pursuarlt to this Agreement. The
Association shall have no right to grant any sub-easements or other rights to any other parties for any
purpose 'Nhatsoever.
5. Notices. Any notice, demand, or document which either party is required or may
desire to give, deliver or make to the other party shall be in writing and may be personally delivered
or given by facsimile transmission or given by United States certified mail, return receipt requested,
addressed as follows:
To Owner:
Maroon Creek Limited Liability Company
c/o Andrew V. Hecht
Garfield & Hecht, P.C.
601 East Hyman Ave.
Aspen, Colorado 816] I
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To the Association: Pomegranate Condominium Association, Inc.
c/o Michael L. Spalding
Spalding Properties
1039 East Cooper Avenue, #43
P. O. Box 49
Aspen, Colorado 81612
Any notice, demand or document so given, delivered or made by United States mail shall be deemed
to have been received on the earlier of the date actually received or the third business day after the
same is deposited in the United States mail as certified mail, addressed as above provided, with
postage prepaid.
6. MisceIJaneOt's.
6.1 Notice of Default Rig:ht to Cure. Except as provided in paragraph 2, in the
event of any default under the provisions of this Agreement, the non-defaulting party shall, prior to
the exercise of any right or remedy, give the party alleged to be in default written notice of such
default together with right for a period of ten days after receipt of such notice to cure said default.
If an alleged default by its nature is not capable of being cured within the time provided, the party
alleged to be in default shall, provided such party is proceeding with all due diligence, have up to
an additional twenty days to cure said default. If a default is not cured within the time provided or
any extension thereof (which right to cure period shall not under any circumstances exceed in the
aggregate thirty days), the non-defaulting party shall then and thereafter be free to pursue any right
or remedy allowed by this Agreement or otherwise by law.
62 Remedies. Either party shall have the right and power to bring suit in its own
name for any legal or equitable relief due to lack of compliance with any provisions of this
Agreement. If any court proceedings are instituted in connection with the rights of enforcement and
remedies provided in this Agreement, the prevailing party shall be entitled to reimbursement of its
costs and expenses, including reasonable attorneys' fees, in connection therewith.
6.3 NQJVaiver. The failure of either party to insist upon the strict performance
of any provisions of this Agreement or to exercise any right or option available to it, or to serve any
notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such
provision.
6.4 Amendments in Writing. This Agreement may not be amended, nor may any
rights hereunder be waived, except by an instrument in writing executed by the parties hereto and
duly recorded in the real estate records of Pitkin County, Colorado.
6.5 Colorado Law. The interpretation, enforcement or any other matters relative
to this Agreement shall be construed and determined in accordance with the laws of the State of
Colorado.
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6.6 Run With the Land. All the provisions of this Agreement, including the
benefits and burdens created thereby, shall run with the land.
6.7 Correction Documents. In the event any clerical or other errors are found in
this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall
be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary
any documentation in order to correct the erroneous document, description, exhibit or to provide any
missing exhibit.
6.8 Binding Effect. All provisions of this Agreement inure to the benefit of and
are binding upon the parties hereto, their heirs, successors,. assigns and personal representatives.
6.9 l~o Dedicatioll. Nothing in this Agreem,ent shall eve.! constitute or be
construed as a dedication of any interest herein to the public or give any member of the public any
right whatsoever.
IN WITNESS WHEREOF, the parties have signed this Easement Agreement the day and
year first written above.
MAROON CREEK LIMITED LIABILITY COMPANY, a
Colorado limited liability com
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POMEGRANA TECONDOMINIUMASSOCIA nON, INe.,
a Colorado nonprofit corporation, and THE INDIVIDUAL
MEM
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on P. Hedrich as President of the Pomegranate
"Condominium Association, Inc., as Owner of
Pomegranate Condominium Units 13 & 15, and as
attorney-in-fact for the owners of Pomegranate
Condominium Unit Numbers 1, IB, 2, 3, 4, 5, 6, 7, 8,
9,10,11,12,14,16 & 17
By:
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450299 01/05/2001 12:45P EASEMENT DAVIS SILVI
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STATEOO! l;h()l~
COUNTY OF GJok
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The foregoing Easement Agreement was acknowledged before me on ;0/1; , 2000,
by Jon P. Hedrich, as President of the Pomegranate Condominium Association, Inc., as Owner of
Pomegranate Condominium Units 13 & 15, and as attorney-in-fact for the owners of Pomegranate
Condominium Unit Numbers 1, lB,2, 3,4, 5,6, 7, 8,9,10,11,12,14,16& 17
Witness my hand and offi . ~.wa1. ~,'::N'''::'''';~~'~
O~"". ',j,. ",c-nl I
,r!.-W~"rri"~l1.., y~_r"l>
, ., . '" ,0'""., ,,,,,,.=;::'t'f'lMAN
My (;Om:mSSlOn exp;res: S\J::>d"'," , "'~' .: - , IlliNOIS
~~T~;,\~y'~;i~N'~~~~~~
'N"'-"'-~'-XuyU4-J (--%UO-P /-~,~
Notary Public
STATE OF COLORADO
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) ss.
)
COUNTY OF PITKIN
Subscribed, sworn
..:A~\.~~J~'
limited liability company.
to and acknowledged before me ):>e?t"'\lT&~~2000, by
, as Manager of Maroon Creek Limited Liability Company, a Colorado
Witness my hand and official seol.
My commission expires
My Commission Expires
i 0/21/2002
Notary Public
pomegran\2easemen,02
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450299 01/05/200112:45P EASEMENT DAVIS SILVI
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EXHIBIT A
EASEMENT AREA
A 20' access easement lying 10 feet on each side of the following described centerline adjacent to
the Pomegranate Condominiums situated in Section 11, Township 10 South, Range 85 West, of the
6th P.M., County of Pitkin, State of Colorado, said easement being more particularly described as
follows:
Beginning at a point on the easterly line of the Pomegranate Condominiums as shown on the
amended Parcel B of the Maroon Creek Subdivision and PUD recorded at Plat Book 48 at Page 54
from which the Northeast comer of said Pomegranate Condominiums bears N 18009'00" E a distance
of 128.05 feet and whence the NW comer of Section 11 bears S 68027'11" E 2613.73 feet with all
bearings being relative to a bearing ofN 00033'02" Wbetween the W 1/4 comer of Section II and
the SW 1/4 of said Section 11; thence S 71051'00" E a distance of22.15 feet; thence N 22048'18" E
a distance of 122.19 feet more or less to the Southerly right-of-way of Colorado State Highway No.
82 whence the NE corner of said Pomegranate Condominiums bears N 60048'00" W a distance of
32.67 feet more or less.
pomegran\21egaleasement.O 1
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