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Home My WebLink Aboutcoa.lu.co.401 E Cooper Ave.A065-99? J� / S` C� (� PN: 2737-.182-24013 L Lk S{ - ►'-1 C� 1 401 E. Cooper (Cooper Condominiumization of AK fix--J,JJM 112d o 5 w Case A065-S Blg.-Aspenhof) Parking Spaces C 01 CASE NUMBER PARCEL ill # 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 .,-, "' 31 A065-99 2737-182-24013 401 E. Cooper Condominiumization of Parking Spaces 401 E, Cooper Chris Bendon Condominiumization John Cheek John Kelly 12/18/01 Application Withdrawn 12/18/01 J, Lindt !iF" (""\, \:i1 I I MEMORANDUM TO: File A 65-99 FROM: Chris Bendon, Senior Planner RE: 401 East Cooper Parking Condominium ization DATE: December 18, 2001 Activity on this case has ceased and the application is considered abandoned pursuant to Section 26.304.070(F). Subsequent activity requires submittal of a new land use application. MEMORANDUM TO: Julie Ann Woods, Community Development Director% THRU: Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Senior Planner jjl// G `�� /✓9 RE: Aspenhof Condominium Plat DATE: July 17, 2000 r� SUM RY: � ` John Cheek, represented by John TKof has applied for condominium ization of �parking spaces located along the ale Aspenhof building, 401 East Cooper Avenue. These proposed spaces do not represent conformance with the applicable dimensional requirements for parking spaces and do not appear to be legal pre- existing nonconformities. Approving this subdivision condominium ization plat vv would create several nonconformities and would thereupon represent an illegal subdivision. ►� n�Y Staff recommends the Director deny this request to condominiumize parking spaces at the Aspenhof building, 401 East Copper Avenue, and not approve the subdivision condominiumization plat. DISCUSSION: Section 26.480 of the Land Use Code provides the purpose and procedure for which subdivisions may be approved and the criteria in which such subdivisions must meet in order to gain approval. Condominium ization is a form of subdivision and the procedure and criteria for reviewing a subdivision condominium ization plat are contained within the Subdivision section of the Land Use Code, Section 26.480.090. Section 26.480.090(A) reads: "Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section." (Emphasis added.) Section 26.480.090(B) describes the process in which a condominium plat may be approved and reads: "A development application for a condominiumization shall be reviewed pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304." (Emphasis added.) Section 26.480.020(C) describes prohibited subdivisions of land and reads "No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter." (Emphasis added.) A Nonconforming Structure, as defined in the Land Use Code, is "a structure which was originally developed in conformance with zoning and building codes or Ordinances in effect at the time of development, but which no longer conforms to the dimensional or other requirements imposed by this Title for the zone district in which it is located." Nonconformities that were legally created are authorized to continue, pursuant to Section 26.312 of the Land Use Code. The area in which the proposed parking spaces are to be located appears to have been developed some 30 years ago. The building provides approximately 17.5 feet from the alley right-of-way to the edge of the building. This space is six inches short of the current parking standard requiring spaces to be 18 feet deep. This dimension does not represent a significant infraction and appears to be a circumstance created with the original construction. If the applicant were to demonstrate parking spaces existing in this location prior to the adoption of dimensional requirements for parking spaces, staff would consider these spaces as nonconformities authorized to continue under the provisions of Section 26.312 of the Land Use Code. The applicant has not demonstrated such. The proposed spaces 5, 6, 7, & 8 do not meet the 8.5 foot width requirement for parking spaces. These spaces are proposed as 7.3 feet wide, more than one foot more narrow than the requirement. Upon several site visits, staff has observed no more than three cars occupying this area with no room for a fourth car, much less a motorcycle. The applicant has not demonstrated the lawfullf existence of these narrow spaces prior to the adoption of dimensional requirements for parking spaces and staff does not consider the 7.3 foot width to be a dimension protected by the )eNonconformities section of the Land Use Code. �—i►� jk d1� (jv*-1 0' \! The proposed parking spaces 7 and 8 contain obstructions located on the ground 1 representing approximately 5 feet of space and reducing the effective length of the parking spaces to roughly 12.5 feet. Staff has conducted several site visits and has o bserved this obstruction forcing cars to park substantially within the alley right-of- way. The applicant has not demonstrated the lawfultexistence of these shortened parking spaces prior to the adoption of dimensional requirements for parking spaces and staff does not consider the 12.5 foot length too be a dimension protected by the Nonconformities section of the Land Use Code. ll . Several of the proposed parking spaces have overhead encroachments into the 7.5 foot height requirement of parking spaces. No reference to the City approving such encroachments into parking spaces exists in the building permit file or in any of the (�., documentation provided by the applicant. In fact, the applicant has stated during site visits that the air handling equipment was installed by the restaurant operator occupying the basement level of the building without approval from the applicant. These encroachments force cars to be partially within the alley way when parked and prohibit adequate access to the trash dumpster. The applicant has not demonstrated the existence of the overhead encroachments as lawfully existing prior to the adoption of dimensional requirements for parking spaces and staff does not consider 2 the overhead obstructions to be dimensions protected by the Nonconformities section of the Land Use Code. Staff believes the subdivision condominiumization plat, as proposed, represents a creation of nonconformities as specifically prohibited in the Subdivision section of the Land Use Code. City staff has recommended, on several occasions, the manner in which the proposed condominiumization plat could be amended to address the encroachment concerns. City staff has recommended the proposed four spaces labeled as spaces 5, 6, 7, & 8 be combined to represent three spaces and the overhead air handling equipment be relocated to exist above the 7.5 foot height limit. Staff has also recommended the reconfiguration of proposed spaces 1, 2, & 3 into one space parallel to the alley. With these amendments, staff believes the condominiumization plat could be approved without this illegal creation of nonconformities. The applicant is unwilling to amend the application in the manner described by staff as acceptable, as indicated in writing, and staff believes the proposed plat represents creation of nonconformities and an illegal subdivision. Therefore, staff recommends this request for condominiumization be denied. APPLICANT: John H. Cheek, Jr. Represented by John T. Kelly. LOCATION: Aspenhof Condominiums, 401 East Cooper Avenue. ZONING: Commercial Core (CC) REVIEW PROCEDURE: Section 26.480.090. Subdivision Condom iniumization plats representing consistency with the terms and provision of the Subdivision section may be approved by the Community Development Director. RECOMMENDATION: Staff recommends the Community Development Director deny the condominiumization request and not approve the subdivision plat. DENIAL: I hereby deny the request to condominiumize the parking spaces located at the Aspenhof building, 401 East Cooper Avenue, as such an action would illegally create several nonconformities and represent an illegal subdivision. date Julie Ann Woods, Community Development Director ATTACHMENTS: Exhibit A -- Application and proposed Subdivision plat. P.1 LAW OFFICES OF OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 623 EAST HOPKINS AVENUE ASPEN, COLORADOS1611 LEONARD M.OATES RICHARD A. KNEZEVICH TED D. OARDENSWARTZ oAVlo a KELLY OF COUNSEL MICHAEL FEIOENDAUM JOHN T. KELLY DAVID e. MUELLER June 12, 2000 Mr. John Worcester, Esq. City of Aspen Attorney Via Facsimile 920-5439 Re: Parking condominiumization — Aspenhof Dear John: TELEPHONE (170) Sao-1700 FACSIMILE (97D) 920A121 9hk99rof.nel I have attached following a letter to Chris Bendon at City Planning. We have been in the process of seeking City approval of a Plat of the parking spaces at the Aspenhof. Originally, only a change in the form of ownership was proposed. Chris could probably bring you up to speed on the City's "objections" to date. As you can see from the attached letter, the Applicant is willing to sacrifice one space to alleviate County concerns. However, it is our position that due to an approximate 30-year history of use without City complaint, the City cannot now require the Applicant to comply with subsequently enacted zoning. Further, under the Colorado Community Interest Ownership Act, since only a change in ownership is proposed, I do not believe the City can raise any engineering hurdles to the signing of the Plat. I have requested a meeting with your office and city planning to see if any additional objections can be resolved and the Plat can be approved. My client will be in town from June 26 to about July 7. I would also be willing to accompany you on a site visit. I will be out of the office next week. I look forward to hearing from you. Sincerely, OATEs, KNEZEVICH & GARD!ANsw C. BY- John T. Kelly cc: John T. Cheek G,1D4Nd4UA4T2lChm4VVar @"r hr 6-8-00.MPd tJUN 12 '00 01:30PM 0 &G P.2 LAW DFFICES OF OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 599 EAST MOPKINS AVENUE ASPEN, COLORAD001611 LEONARD M.OATES RICHARD A. KNP_zEVICH TED D, GARDENSWARTZ DAVID B. KELLY OF COUNSEL MICHAEL FE13ENBAUM JOHN T KELLY DAVID B. MUELLER June 12, 2000 Mr: Chris Bendon Aspen City Planning Fax 920-5439 Aspen, CO Re: Parking condominiumization — 401 E. Cooper Dear Chris; TELEPHONE (170) 920-1700 FACSIMILE(270) g20.1121 Via Facsimile 920-5439 ohkq*rcl.net As we discussed, the Applicant (John Cheek) is willing to amend the Plat as follows in order to address the City's concerns over the alley parking space dimensions. 1. Reconfigure four spaces (numbered 5, 6, 7, and 8), which are presently only 7,3 feet in width, into three spaces that would be approximately 9.7 feet in width, Net effect; sacrificing one space. 2. Agree to move the ground mounted HVAC equipment encroaching into spaces 7 & 8 upwards onto a wall mounted rack in such a fashion that it would allow vehicles to pull completely forward into spaces 7 & 8, thus allowing the full depth of 17.5 feet. This would be an explicit provision of the approval of the Plat. As the City Engineer indicated, this appears entirely feasible. This would be a significant improvement over the existing conditions, and alleviate most of the problem of "short" spaces, as well as alleviate the problem of "narrow" spaces. What the Applicant is not willing to do is sacrifice two additional spaces for what we believe to be unnecessary re -engineering of a currently functioning parking environment. As we.have oft pointed out — all that is changing is the form of ownership— and not the use. Concerning these three spaces, if there is an encroachment issue, or a trash access issue, it would have surfaced in the last thirty years, and frankly, it hasn't.. 3. Accordingly, the Applicant does not agree to reconfigure spaces 1, 2, and 3 into one parallel space.. There is absolutely no trash removal issue, and the spaces are useable. Placing one vehicle in parallel would effectively block that car off once a car was in what is now space 4; thus, this solution is a non -starter, TUN 12 '00 01:31PM 0 &G P.3 Mr. Chris Bendon Aspen City Planning June 12, 2000 Page 2 The Applicant has worked with your concerns concerning encroachments and width, and has agreed to sacrifice one space to accommodate your concerns, However, losing two additional spaces to address non- existent concerns, appears unreasonable to us. Further, purchasers of the spaces will simply have to continue to conform their use to the size and characteristics of the space. It is currently self -policing, and that will continue. Each of our site visits has confirmed that spaces 1,2,and 3 are funetioningfine, even for SUV's. If a space is in effect, a "compact car" space, then so be it. Also, many of the folks currently clamoring to buy a space already rent the space. There would for the most part be no change in use whatsoever, Accordingly, we would like to schedule a meeting with city planning and the City Attomey between June 26 and July 7 to discuss a rational, legal conclusion, and bring this matter to closure. John is out of town until June 26, and I am leaving the firm. Accordingly, this matter is now in John's hands. Please verify with John Kelly as to when a meeting is scheduled. John will attend, along with the Applicant, who will only be in town between June 26 and July 7. Thanks. Sincerely, OATES, KNEZE'VICH & GMWENSWARTZ, P.C. By_ David B. Mueller cc: John T. Cheek D13M GA0A4kQ1ENT=heetl,tr Bandon 4 Wawmer 6.7-00.wpe MEMORANDUM To: Chris Bendon, Planner Thru: Nick Adeh, City Engineer A From: Chuck Roth, Project Engineer 6-f2- Date: October 4, 1999 Re: 401 East Cooper Condominium Plat — Parking Spaces The Development Review Committee has reviewed the above referenced application at their September 8, 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. The City Code requires parking spaces for buildings. The existing parking spaces should serve the existing spaces within the existing building. The existing parking spaces are non -conforming. The plat is misleading concerning dimensional aspects of the parking spaces. It appears that over the years, air moving ductwork has been installed into the spaces of the parking spaces in order to save leasable floor space within the building. None of the spaces meets the 18' long by 8'/2 wide by 7' high dimensional requirements of the Code. Parking space number 3 is nearly unusable due to vertical obstructions. The vehicles that were parked in spaces number 7 and 8 at the time of my site visit were both projecting into the alley right-of-way and diminishing the 20' emergency access width required by City Code. The proposed trash location is blocked by a parking space, which is not permissible. DRC Attendees Staff. Karma Borgquist, Tom Bracewell, Ed Van Walraven, Chuck Roth 99M 146 Post -it' Fax Note 7671 Date pages To-uu From V Co./Dept. Co. Phone # Phone # Fax # Fax # OATES, KNEZEVICH & GARDENSWARTZ PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 (970) 920-1700 Telephone (970) 920-1121 Telefax MEMORANDUM to: Chris Bendon City of Aspen / Community Development Department from: David B. Mueller subject: John H. Cheek / 401 East Cooper Condominiumization of Parking Spaces date: January 6, 2000 Dear Chris, We are apparently currently at a stand still with regard to our client's application to condominiumize parking at 401 East Cooper. There is a concern from the City that there are some non -conforming spaces. However, it is our position that since these parking spaces have existed since approximately 1969, the city code at 26.312.030 allows the continuing non -conforming parking. Would you please schedule a meeting between engineering, planning, and any other interested parties, John Kelly and myself, so that we can resolve any outstanding issues and move this application forward. I believe when we last spoke, I had indicated that John Cheek was going to move any equipment which was impacting any of those outside spaces. We will provide a progress summary or be able to provide assurances that the equipment elements either have been or will be removed in order to address the comments in the design review committee memo. Please give me call at your earliest convenience to arrange for a meeting. Thank you. Sincerel David B. Mueller From the desk of... David B. Mueller Oates, Knezevich & Gardenswartz, P.C. 533 East Hopkins Ave., 3ro Floor Aspen, CO 81611 970-920-1700 Fax: 970-920-1121 E-mail: LAW OFFICES OF OATES, K.NEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 LEONARD M. OATES RICHARD A. KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY July 27, 1999 DAVID B. MUELLER OF COUNSEL: JOHN THOMAS KELLY Mr. Chris Bendon City of Aspen Community Development Department 130 S. Galena St. Aspen, CO 81611 l TELEPHONE (970) 920-1700 FACSIMILE(970) 920-1121 e-mail ohkg®rof.net Re: Cooper Building Parking Condominiums Application: Summary Letter Dear Mr. Bendon: Enclosed please find the Application for condominiumizing the parking spaces at Aspenhof Condominiums. I have included the Condominium Declaration for Aspenhof which is meant to satsfy the requirement for "Proof of Ownership," as well as the old plat and the proposed new parking condominiumization plat prepared by Aspen Survey Engineers and any applicable Attachments. As I have indicated on the "Land Use Application" the proposed parking parking spaces set for condominiumization all currently exist within and adjacent to the Aspenhof Condominiums. These parking spaces have never been part of the condominium project, and, with the exception of the nine spaces dedicated to resident owner's use in the Declaration, have been rented by John Cheek since approximately 1970. Currently there are approximately 22 parking spaces, of which 9 are reserved for the use of the nine residents of the same number of residential units in the Aspenhof. The remaining spaces are leased. The proposal represents a change in ownership solely; no structural modifications, alterations, or change in use is proposed. Regarding ownership: the "Garage and Parking Areas" were all reserved from Association ownership and all "ownership, title and control" was retained by the Declarant, Mr. Cheek and Aspen Construction Corporation. Since this application represents a change in ownership alone, we believe that 38-33.3-106, C.R.S., is applicable and such condominiumization is exempt from subsequently enacted zoning, subdivision, and other ordinances or regulations concerning parking requirements. I have therefore not addressed the Code provisions, due to the fact that the proposed condominiumization is exempt from such provisions. Sincerely, OATES, I(NEZEVICH &_ GARDENSWARTZ, P.C. By: John T. Kelly JTK/dbm Enc. 11RaksVakslDavidICLIENTS\Cheek\App Itr.wpd PROJECT LAND USE APPLI" " TION NAME: Aspenhof Parking Condominiumization LOCATION: (Aspenhof Condominiums; Cooper Building) Legal: The basement garage area and ramp and other parking spaces all as shown on the Condominium Map of the Aspenhof recorded in Plat Book 4 at pages 136-139 and the First Amended Map of Aspenhof recorded in Plat Book 6 at Page 10 and as described in the Condominium Declaration for Aspenhof recorded in Book 252 at Page 49 and the First Amendment to the Condominium Declaration for the Aspenhof (a Condominium) as recorded in Book 332 at Page 606 of the records of Pitkin County, Colorado. APPLICANT: Name: John H. Cheek, Jr. Address: 5001 Clonmel Road Nashville TN 37220 Phone #: 615-269-4771 REPRESENTATIVE: Name: John T. Kelly Address: Oates, Knezevich & Gardenswartz, P.C. 533 East Hopkins Ave., Td Floor Aspen, CO 81611 Phone #: 970-920-1700 TYPE OF APPLICATION: ❑ Conditional Use ® Special Review ❑ Design Review Appeal ❑ GMQS Allotment ❑ GMQS Exemption ❑ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Lot Split EXISTING CONDITIONS: ❑ Lot Line Adjustment ❑ Text/Map Amendment ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ Subdivision ❑ Historic Designation ® Subdivision Exemption (includes ❑ Small Lodge condominiumization) Conversion/Expansion ❑ Temporary Use ❑ Other: Aspenhof Condominiums is a legally created conforming condominium complex located in the "Cooper Building" within the CC Zone District comprising nine (9) residential units and commercial spaces. Currently nine (9) parking spaces are allotted to the use of the nine (9) owners of residential units; the remaining spaces are leased. Approximately thirteen (13) parking spaces are currently leased. Ownership of all 22 parking spaces is reserved in the Applicant separate and distinct from the Aspenhof Condominiums. PROPOSAL: Applicant proposes to condominiumize and sell thirteen (13) parking spaces within and adjacent to the Aspenhof Condominiums structure, including approximately ten (10) spaces along the North facing Alley Block 95, and three (3) spaces in the basement (see enclosed condominium map.) Additionally, nine (9) units would be transferred to the Condominium Association for the use of Condominium owners. No structural modifications are proposed or necessary. No change in use or location is proposed FEES DUE: $355.00 ATTACHED PLEASE FIND: ®Pre -Application Conference Summary ®Response to Attachment #3, Minimum Submission Contents ❑Attachment # 1, Signed Fee Agreement ®Response to Attachment #4, Specific Submission Contents ❑Response to Attachment #2, Demensional Requirements Form ❑Response to Attachment 45, Review Submission Contents CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 3.18.98 PROJECT: Aspenhof condominium ization REPRESENTATIVE: John Kelly OWNER: John H. Cheek TYPE OF APPLICATION: Subdivision exemption for Condominiumization DESCRIPTION: Existing building has parking spaces not assigned to specific units. Owner wants to condo spaces for sale purpose. Applicant should also be aware of parking requirements for the CC Zone District and the Special Review process for reducing required number of spaces. Land Use Code Section(s) 26.88.070 Condominiumization 26.32.030 Off-street parking requirements for CC Zone District 26.64 Special Review Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. Special review is a hearing with the Commission Public Hearing: No. Referral Agencies: Engineering (DRC) Planning Fees: Planning Flat Fee $245 (increases to $1080 deposit for a Special Review) Referral. Agency Fees: Engineering, minor ($110) Total Deposit: $355 To apply, submit the following information: 1. Total deposit for review of the application 2. Signed fee agreement 3. Proof of ownership 4. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 5. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 6. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 7. Old (existing) plat if one exists. (from City Engineering or County Recorder) 8. Proposed plat from a registered land surveyor. 9. Copies of prior approvals (from City Clerk) 10. _Copies of the complete application packet (items 3-9) Process: Apply. Planner reviews case for completeness and sends to Engineering. 1-2 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Applicant then can record the final plat at the County Clerk and Recorder (fee). PARCEL ID: 2737-182-24013 DATE RCVD: 7/29/99 # COPIE. 1 CASE NAMEI401 E. Cooper Condominiumization of Parking Spaces PROJ ADDR: 401E Cooper CASE TYP: Condominiumization OWNlAPP: John Cheek ADR 5001 Clonmel Road C(SlZ: Nashville, TN 37220 REP: John Kelly DR: 533 E. Hopkins C!SIZ: Aspen, CO 81611 s FEES DUE: 255 (ff) + 160 (e) FEES RCVD: 415 )' REFERRALS REFT— BY�� DUE: MTG DATE REV BODY PH NOTICED DATE OF FINAL AC CITY COUNCIL: REMARKS PZ: BOA: CLOSED: `ZJ) �� BY: L. DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN, CASE NO A065-99 ffr—,sBendon STEPS HN: (615) 269-4771 HN 1920-1700 STAT 1Z/t raW I % 41. OVA 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 A065-99 2737-182-24013 401 E. Cooper Condom iniumization of Parking Spaces 401 E. Cooper Chris Bendon Condominiumization John Cheek John Kelly 12/18/01 Application Withdrawn 12/18/01 J. Lindt lc-�,:ul.klukl al 1O t 12 (11 e ?:ecei)Cion No. 282 A� AiI Nt,v. 2 1, 11)/0 ggy, I;, tfiklicll heco CONDOMINIUM DECLARATION FOR ASPENHOF KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, John H. Cheek, Jr. and Aspen Construction Corporation, a Colo- rado corporation, collectively 'hereinafter called "Declarant", the owners of the real property described on the attached Exhibit "A', subject to the easements, reservations, conditions and obligations as set forth therein, which Exhibit by this reference is made a part hereof; and WHEREAS, Declarant desires to establish a condominium project under the Condo- minium Ownership Act of the State of Colorado; and WHEREAS, Declarant does hereby establish a plan for the ownership in fee simple of the real property estates consisting of the area or space contained in each of the air space units in the building improvements and the co -ownership by the individual and separate owners thereof, as tenants in common, of all of the remaining property, which property is hereinafter defined and referred to as the general common elements; NOW THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees or assigns. 1. Definitions, unless the context shall expressly provide otherwise. (a) 'Unit' means an individual air space which is contained within the interior perim- eter walls, floors, ceilings, windows and doors of each unit as shown on the Condominium Map to be filed for record, together with all fixtures and improvements therein contained but not including any of the structural components of the building, if any, located within the unit. a. 1 'Residential Unit' means a unit to be used for residential purposes. a. 2 'Commercial Unit' means a unit to be used for commercial purposes. (b) 'Condominium Unit' means the fee simple interest and title in and to a unit to- gether with the undivided interest in the general common elements and the appurtenant limited common elements thereto. (c) 'Owner' means a person, persons, firm, corporation, partnership, association or other legal entity, or any combination thereof, who-own(s) an interest in one or more condominium units. (d) 'General Common Elements' means and includes the land described in Exhibit "A", the structural components of the building and all other parts of the land and the improvements which are submitted to this condominium project and reasonably in com- mon use, all of which shall be owned, as tenants in common, by the owners of the sepa- rate units, each owner having an undivided interest in such general common elements as provided hereinafter. (e) 'Limited Common Elements' means those parts of the general common elements which are either limited to and reserved for the exclusive use of an owner of a condo- minium unit or are limited to and reserved for the common use of more than one but fewer than all of the condominium units owners. (f) 'Condominium Project' means all of the land and improvements submitted by this Declaration. oV (g) 'Common Expenses' means and includes expenses for maintenance, repair, operation, rnanagement- and administration; expenses declared common expenses by the provisions of this Declaration and the By -Laws of the Condominium Association, and all sums lawfully assessed against the general common elements by the Board of Managers of the Association. (h) 'Association of Unit Owners' or 'Association' means the Association formed as a Colorado not -for -profit corporation bearing the name of this condominium project, the Certificate of Incorporation and By -Laws of which shall govern the administration of this condominium property, the members of which Association shall be all of the owners of the condominium units. (i) 'Building' means the single building containing units as shown on the Map. (j) 'Map', 'Condominium MapI or 'Supplemental Map' means and includes the engineering survey of the land depicting and.locating thereon all of the improvements, the floor and elevation plans and any other drawing or diagrammatic plan depicting a part of or all of the improvements and land. 2. _Map. The Map may be filed for record in whole or in parts or sections, from time to, time, as the stages of construction of the units and other improvements are substan- tially completed. Each section of the Map filed subsequent to the first or initially filed Map shall be termed a Supplement to such Map and the numerical sequence of such sup- plements shall be shown thereon. The Map or any part or section thereof depicting units shall not be filed for record until the building in which the units are located has been substantially completed in order to permit the location thereof, both horizontally and vertically. Each such Map shall be filed for record prior to the conveyance of a condominium unit to a purchaser. Each such Map shall depict and show at least the following: The legal description of the land and a survey thereof; the location of the building(s); the floor and elevation plans; the location of the unit within the building, both horizontally and vertically; the thickness of the common walls between or separating the units; the location of any structural components or supporting elements of a building located within a unit; and, the unit designations and the building symbol. The Map shall contain the certificate of a registered professional engineer or licensed architect, or both, certifying that the Map substantially depicts the location and the horizontal and vertical measurements of the building, the units, the unit designations, the dimensions of the units, the elevations of the unfinished floors and ceilings as constructed, the build- ing symbol, and that such Map was prepared subsequent to substantial completion of the improvements. Each supplemental and/or any amendment shall set forth a like certifi- cate when appropriate. In interpreting the Map, the existing physical boundaries of each separate unit, as constructed, shall be conclusively presumed to be its boundaries. Declarant reserves the right to amend the Map, from time to time, to conform the same' according to the actual location of any of the constructed improvements and to establish, vacate and relocate easements, access road easements and on -site parking areas. 3. Division of Property into Condominium Units. The real property described in Exhibit "A" and the improvements thereon arehereby divided into the fee simple estates consist- ing of the separately designated units and the undivided percentage interest in and to the general common elements appurtenant to each unit as is set forth on the attached Exhibit "B ", which by this reference is made a part hereof. Declarant reserves the right to (i) physically combine the space within one unit with the space within one or more adjoining units, (ii) to combine a part of or combina- tion of parts of the space within one unit with narrc nr paTrt� of the space within one gr more adjoining units, and (iii) to divine into s,laara unit-_ the mace of one unit. The aggregate or divided undivided interests in the general common elements resulting therefrom shall be reflected by an amendment to Exhibit "B" hereof and to the Map, 4. Limited Common Elements. A portion of the general common elements is reserved for the exclusive use of the individual owners of the respective units, and such areas are referred to as 'limited common elements'. The limited common elements so reserved shall be identified on the Map. All of the owners of condominium units in this condo- ininiuin project shall have a non-exclusive right in common with all of the other owners to use of sidewalks, pathways, deck -walkways, arcade, elevator, stairways, halls, roads and streets located within the entire condominium project. No reference thereto, whether such limited common elements are exclusive or non-exclusive, need be made in any deed, instrument of conveyance, or other instrument, and reference is made to the provisions of paragraph 7 of this Declaration. 5. Garage and Parking Areas. The basement garage area and ramp and other parking spaces are not general common elements. Ownership, title and control thereof shall re- main with the Declarant; provided, however, that nine parking spaces in the basement parking garage area shall be under the control of the Association for use thereof by the nine. owners of the residential condominium units. The location of such nine parking spaces shall be made and designated by the Declarant and the location thereof may be changed from time to ,time; provided, however, that there shall always be nine such . paces for the purposes provided herein. The nine basement parking garage spaces eferred to herein need not be depicted on the Map. 6. Inseparability of a Condominium Unit. Each unit, the appurtenant undivided interest in the general common elements And the appurtenant limited common elements shall to- gether comprise one condominium unit, shall be inseparable and may be conveyed, leased, devised or encumbered only as a condominium unit. 7. Description and Conveyance of a Condominium Unit. Subsequent to the filing of the Map and the recording of the Declaration, every contract, deed, lease, mortgage, trust deed, will or other' instrument may legally describe a condominium unit by its identifying unit designation, followed by the name of this condominium, with further reference to the Map �► thereof filed for record and the recorded Declaration. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the unit but also the general common elements and the limited common elements appurtenant thereto. Each such description shall be construed to include a non- exclusive easement for ingress and egress to an owner's unit and use of all of the general common elements together with the right to the use of the limited common elements, sub- ject to the easements, reservations, conditions, and obligations as provided in Exhibit "A" and the terms, covenants, conditions, easements, restrictions, uses, limitations and obli- gations contained in this Declaration and the Map. The initial deeds conveying each condo- . minium unit may contain reservations, exceptions and exclusions which the Declarant deems to be consistent with and in the best interests of all condominium unit owners and the Association. 8. Separate Assessment and Taxation - Notice to Assessor. Declarant shall give writ- ten notice to the Assessor of Pitkin County, Colorado, of the creation of condominium ownership in this property, as is provided by law, so that each unit and, the undivided interest in the general common elements appurtenant thereto shall be deemed a parcel and subject to separate assessment and taxation. 9. Ownership - Title. A condominium unit may be held and owned in any real property tenancy relationship recognized under the laws of the State of Colorado. 10. Non-Partitionability of General Common Elements. The general common elements shall be owned in common by all of the owners of the units and shall remain undivided, and no owner shall bring any action for partition or division of the general common ele- ments. Nothing contained herein shall be construed as a limitation of the right of parti- tion of a condominium unit between the owners thereof, but such partition shall not affect any other condominium unit. 11. Use of General and Limited Common Elements. Each owner shall be entitled to exclusive ownership and possession of his unit. Each owner may use the general and limited common elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other owners. 12. Use and Occupancy of Residential Units. The residential units as shown on the Map shall be used and occupied by the owner, his family and their guests. The com- mercial units may be used for such business and commercial purposes allowed by the City of Aspen, Colorado. -3- Declarant and Declarant's employees, representatives, agents and contractors may maintain a business and sales office, construction facilities and yards, model units and other developer's facilities necessary or required during the construction and sales periods, The Managing Agent may maintain an office in one of the units in the condominium project for the purpose of managing the condominium units within this condominium project. 13. Easements for Encroachments. If any portion of the general common elements encroaches upon a unit or units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of a unit encroaches upon the general common elements, or upon an adjoining unit or units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements or on the units for purposes of marketability of title. 14. Termination of Mechanic's Lien Rights and Indemnification. Subsequent to the com- pletion of the improvements described on the Map, no labor performed or materials fur- nished and incorporated in a unit with the consent or at the request of the unit owner, his agent, his contractor or subcontractor shall be the basis for filing of a lien against the unit of any other unit owner not expressly consenting to or requesting the same, or against the general common elements. Each owner shall indemnify and hold harmless each of the other owners from and against all liability arising from the claim of any lien against the unit of any other owner or against the general common elements for construction performer or for labor, materials, services or other products incorporated in the owner's unit at such owner's request. The provisions herein contained are subject to the rights of the. Managing Agent or Board of Managers of the Association as set forth in paragraph 17. i 15. Administration and Management. The administration and management of this condo- minium property shall be governed by the By -Laws of the Association. An owner of a S condominium unit, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership. The Association shall be initially governed by a Board of Managers as is provided in the By -Laws of the Association. The Association may delegate by written agreement any of its duties, powers .and functions to any person or firm to act as Managing Agent at an agreed compensation. i 16. Certificate of Identity. There shall be recorded from time to time a Certificate of Identity and the addresses of the persons then comprising the management body (Managers and Officers) together with the identity and address of the Managing Agent, if any. Such Certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith regardless of time elapsed since date thereof. The first such Certificate shall be recorded on or before ninety (90) days after recording this Declaration. 17. Reservation for Access - Maintenance, Repair and Emergencies. The owners shall have the irrevocable right, to be exercised by the Managing Agent or Board of Managers of the Association, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the general common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general common elements or to another unit. Damage to the interior or any part of a unit resulting from the maintenance, repair, emergency repair or replacement of any of the general common elements or as a result of emergency repairs within another unit, at the instance of the Association, shall be a* common expense of all of the owners; provided, however, that if such damage is the re- i sult of the misuse or negligence of a unit owner, then such unit owner shall be responsible and liable for all of such damage. All damaged improvements shall be restored substan- tially to the same condition in which they existed prior to the damage. All maintenance, repairs and replacements as to the general common elements, whether located inside or outside of units (unless necessitated by the negligence or misuse of a unit owner, in which case such expense shall be charged to such unit owner), shall be the common expense of all of the owners. 18. Owners' Maintenance Responsibility. For purposes of maintenance, repair, altera- tion and remodeling, an owner shall be deemed to own the interior non -supporting walls, the materials (such as, but not limited to, plaster, gypsum dry wall, paneling, wallpaper, paint, wall and floor tile and flooring, but not including the sub -flooring) making up the -4- finished surfaces of the perimeter walls, ceilings and floors within the unit, including unit doors and windows. The owner shall not be deemed to own lines, pipes, wires, conduits or systems (which for 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 com- mon with the other owners. Such utilities shall not be disturbed or relocated by an owner without the written consent and approval of the Board of Managers. Such right to repair, alter and remodel is coupled with the obligation to replace any finishing or other materials removed with similar or other types or kinds of materials. An owner shall maintain and keep in 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 any work that will impair the structural soundness or integrity of the building or impair any easement or hereditament. All other maintenance or repairs to any limited common elements, except as caused or permitted by the owner's negligence, misuse or neglect thereof, shall be a common expense of all of the owners. 19. Compliance with Provisions of Declaration, By -Laws of the Association. Each owner shall comply strictly with the provisions of this Declaration, the Certificate of Incorporation and By -Laws of the Association, and the decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all attorney's fees incurred in connection therewith, which action shall be maintainable by the Managing Agent or Board of Managers in the name of the Association on behalf of the owners or, in a proper case, by an aggrieved owner. 20. Revocation or Amendment to Declaration. This Declaration shall not be revoked unless all of the owners and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all of the condominium units unanimously consent and agree to such revocation by instrument(s) duly recorded. This Declaration shall not be amended unless the owners representing an aggregate ownership interest of sixty percent, or more, . of the general common elements and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all condominium units consent and agree to such amendment by instrument(s) duly recorded; provided, however, that the percentage of the undivided interest in the general common elements appurtenant to each unit, as expressed in this Declaration, shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended Declaration duly recorded, and provided, further, that revocation of this Declaration shall always require the consent of all of the owners. 21. Additions, Alterations and Improvements of General and Limited Common Elements. There shall be no additions, alterations or improvements of or to the general and limited common elements by, the Association requiring an expenditure in excess of Two Thousand Dollars (which sum shall be allocated according to each owner's percentage interest in the general common elements) in any one calendar year without prior approval of a majority of the owners, and such expenditure(s) shall be a common expense. Such limitation shall not be applicable to the replacement, repair, maintenance or obsolescence of any general or limited common element or common personal property. 22. Assessment for Common Expenses. All owners shall be obligated to pay the assess- ments, either estimated or actual, imposed by the Board of Managers of the Association to meet the common expenses. The assessments shall be made according to each owner's percentage interest in and to the general common elements. The limited common ele- ments shall be maintained as general common elements, and owners having exclusive use thereof shall not be subject to any special charges or assessments for the repair or maintenance thereof. Assessments for the estimated common expenses shall be due in advance on the first day of each calendar quarter, or more frequently as may be determined by the Board of Managers or Managing Agent. The Managing Agent or Board of Managers shall prepare and deliver or mail to each owner a statement'for the esti- mated or actual common expenses. In the event the ownership of a condominium unit, title to which is derived from Declarant, commences on a day other than the first day of the assessment period, the assessment for that period shall be prorated. -5- The assessments made shall be based upon the cash requirements deemed to be such aggregate sum as the Managing Agent, or if there is no Managing Agent, then the Board of Managers of the Association, shall from time to time determine is to be paid by all of the condominium unit owners, including Declarant, to provide for the payment of all estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improvements of and to the general common elements, which sum may include, but shall not be limited to, expenses of management; taxes and special assessments until separately assessed; premiums for fire insurance with extended coverage and vandalism and malicious mischief with endorsements attached issued in the amount of the maximum replacement value of all of the 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 materials comprising a part of the units); casualty and public liability and other insurance premiums; landscaping and care of grounds; common lighting and heating; repairs and renovations; trash and garbage collections; wages; common water and sewer charges; legal and accounting fees; manage- ment and rental fees; expenses and liabilities incurred by the Managing Agent or Board of Managers on behalf of the unit owners under or by reason of this Declaration and the By -Laws of the Association; for any deficit remaining from a previous period; the creation of a reasonable contingency, reserve, working capital and sinking funds as well as other costs and expenses relating to the .general common elements. The omission or failure F of the Board of Managers to fix the assessment for any period shall not be deemed a waiver modification or a release of the owners from their obligation to pay the same. The Asso- ciation may require each owner to deposit and maintain with the Association an amount equal to one quarterly estimated assessment for use as working capital. 23. Insurance. The Managing Agent, or if there is no Managing Agent, then the Board of Managers of the Association, shall obtain and maintain at all times insurance of the type and kind provided hereinabove and including for such other risks, of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to other condominium buildings, fixtures, equipment and personal property, similar in construc- tion, design and use, issued by responsible insurance companies authorized to do business in the State of Colorado. The insurance shall be carried in blanket policy form naming the Association the insured, as attorney -in -fact for all of the condominium unit owners, which policy or policies shall identify the interest of each condominium unit owner (owner's naive, unit number, building designation), and which policy or policies shall provide a standard, non-contributory mortgagee clause in favor of each first mortgagee. It shall also provide that the policy cannot be cancelled until after ten days prior written notice is first given to (�ach owner and each first mortgagee. The Managing Agent, or if there is no Managing Agent, then the Board of Managers, shall also obtain and maintain, to the extent obtainable, public liability insurance in such limits as may from time to time be, determined, covering each unit owner, each member of the Board of Managers, the Managing Agent, and the resident manager. Such public liability coverage shall also cover cross liability claims of one insured against another and shall contain waivers of subrogation. Each owner may obtain additional insurance at his own expense for his own benefit provided that all such policies shall contain waivers of subrogation and provided, further, that the liability of the carriers issuing insurance shall not be affected or diminished by reason of any such insurance carried by any unit owner. Insurance coverage on the furnishings and other items of personal property belonging to an owner and casualty and public liability insurance coverage 'within each individual unit shall be the responsibility of the owner thereof. 24. Owners' Personal Obligation for Payment of Assessments. The amount of the common expenses assessed against each condominium unit shall be the personal and individual debt of the owner. thereof. No owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use. or enjoyment of any of the common elements or by abandonment of his unit. Both the Board of Managers and Managing Agent shall have the responsibility to take prompt action to collect any unpaid assessment which remains unpaid more than 15 days from the due date for payment thereof. In the event of default in the .payment of the assessment, the unit owner shall be obligated to pay interest at the rate of twelve per cent per annum on the amount of the assessment from due date thereof, together with all expenses,. including attorney's fees, incurred together with such late charges as provided by the By -Laws of the Association. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the, lien securing same. -6- 25. Assessment Lien. All sums assessed but unpaid for the share of common expenses chargeable to any condominium unit shall constitute a lien on such unit superior to all other liens and encumbrances, except only for tax and special assessments liens on the unit in favor of any.assessing unit, and 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 en- cumbrance. To evidence such lien, the Board of Managers or the Managing Agent shall prepare a written notice of lien assessment setting forth the amount of such unpaid in- debtedness, the amount of the accrued interest and late charges thereon, the name of the owner of the condominium unit and a description of the condominium unit. Such a notice shall be signed by one of the Board of Managers or by one of the officers of the Association or by the Managing Agent and shall be recorded in the office of the Clerk and Recorder of. the County referred to in Exhibit "A". Such lien shall attach from the due date of the assessment. Such lien may be enforced by the foreclosure of the default- ing owner's condominium unit by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof. In any such proceedings the ovc,ner shall be required to pay the .costs, expenses and attorney's fees incurred for filing the lien, and in the event of foreclosure proceedings,. all additional costs, all expenses and reasonable attorney's fees incurred but not less than the amount recommended by the Bar Association of said County according to the then current published and recommen- ded fee schedule for foreclosure proceedings (for foreclosure proceedings through Court). The owner of the condominium unit being foreclosed shall be required to pay to the Asso- ciation the monthly assessment for the condominium unit during the period of foreclosure, and the Association shall be entitled to a receiver to collect the same. The Association shall have the power to bid in the condominium unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. Any encumbrancer holding a lien on a condominium unit may pay, but shall not be required to pay, any unpaid common expenses payable with respect to such unit, and upon such payment such encumbrancer shall have a lien on such unit for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to record a notice or claim of such lien. Upon request of a mortgagee, the Association shall report to the mortgagee of a condominium unit any unpaid assessments remaining unpaid for longer than twenty-five days after the same are due; provided, however, that a mortgagee shall have furnished to the Managing Agent or to the Board of Managers notice of such encumbrance. 26. Liability for Common Expense Upon Transfer of Condominium 'Unit is Joint. Upon payment to the Managing Agent, or if there is no Managing Agent, then to the Board of Managers of the Association, of a reasonable fee not to exceed Twenty -Five Dollars, and upon the written request of any owner or any mortgagee or prospective mortgagee of a condominium unit, the Association, by its Managing Agent, or if there is no Managing Agent, then by the financial officer of 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 monthly assessment and the date that such assessment becomes due, credit for any advanced payments of common assessments, for prepaid items, such as insurance premiums, but not including accumulated amounts for reserves or sinking funds, if any, which statement shall be conclusive upon the Association in favor of all persons who rely thereon in..good faith. Unless such request for a statement of indebtedness shall be complied with within ten days, all unpaid common expenses which become due prior to the date of making such request shall be subordinate to the rights of the person requesting such statement. The grantee of a condominium unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the unpaid common assessments up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that upon payment of a reasonable fee not to exceed Twenty -Five Dollars, as is provided hereinabove, and upon written request, any such prospective grantee shall be entitled to a statement from the Managing Agent, or if there is no Managing Agent, then from the Board of Managers of the Association, setting forth the amount of the unpaid assessments, if any, with respect to the subject condominium unit, the amount of the current monthly assessment, the date that .such assessment becomes due, and credits for any advanced payments of common assess- ments, prepaid items, such as insurance premiums, which statement shall be conclu- sive upon the Association. Unless such request for such a statement shall be complied with within ten days after such request, then such requesting grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for any unpaid assessments against -7- the subject unit. The provisions set forth in this paragraph shall not apply to the initial sales and conveyances of the condominium units made by Declarant, and such sales shall be free from all common expenses to the date of conveyance made or to a date as agreed upon by Declarant and Declarant's grantee, 27. Mortgaging a Condominium Unit - Priority. An owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priori.`./ under applicable law. The owner of a condominium unit may create junior mortgages, liens or encumbrances on the following conditions; (1) that any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for common expenses, and other obligations created by this Declaration, the Certificate of Incorporation and the By -Laws of the Association; (2) that the mortgagee under any junior mortgage shall release, for the purpose of restora- tion of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of one or more of the members of the Board of Managers of the Association, and if such request is not granted, such release may be executed by the Association as attorney -in - fact for such junior mortgagee, 28. Association as Attorney -in -Fact. This Declaration does hereby make mandatory the irrevocable appointment of an attorney -in -fact to deal with the property upon its destruction, for repair, reconstruction, or obsolescence. Title to any condominium unit is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or from any owner or grantor shall constitute appointment of the attorney -in -fact herein provided. All of the owners irrevocably constitute and appoint the Association their true and lawful attorney in their name, place and stead for the purpose of dealing with the property upon its destruction or obsolescence as is here- inafter provided. As attorney -in -fact, the Association, by its President and Secretary or Assistant Secretary, shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with respect to the interest of a condominium unit owner which are necessary and appropriate to exercise the powers herein granted. Repair and reconstruction of the improvement(s) as used in the succeeding subparagraphs means restoring the improvement(s) to substantially the same condition in which they existed prior to the damage, with each unit and the general and limited common elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair, restoration, reconstruction or replacements unless the owners and all first mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter, (a) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvement(s), shall be applied by the Asso- ciation, as attorney -in -fact, to such reconstruction, and the improvement(s) shall be promptly repaired and reconstructed, The Association shall have full authority, right and power, as attorney -in -fact, to cause the repair and restoration of the improvements, (b) If the insurance proceeds are insufficient to repair and reconstruct the improve- ment(s), and if such damage is not more than sixty per cent of all of the condominium units (the whole property), not including land, such damage or destruction shall be promptly repaired and reconstructed by the Association, as attorney - in - fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the owners and their condominium units. Such deficiency assessment shall be a common expense and made pro rata according to each owner's percentage interest in the general common elements and shall be due and payable within thirty days after written notice thereof, The Association shall have full authority, right and power, as attorney -in -fact, to cause the repair or restoration of the improvement(s) using all of the insurance proceeds for such purpose notwithstanding the failure of an owner to pay the assessment. The assessment provided for herein shall be a debt of each owner and a lien on his condo- minium unit and may be enforced and collected as is provided in paragraph 25. In addition thereto, the Association, as attorney -in -fact, shall have the absolute right and power to Im sell the condominium unit of any owner refusing or failing to pay such deficiency assess- ment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be sold by the Association, as attorney -in -fact, pursuant to the provisions of this paragraph. The delinquent owner shall be required to pay to the Association the costs and expenses for filing the notices, interest at the rate of eight per cent per annum on the amount of the assessment and all reasonable attorney's fees. The proceeds derived from the sale of such condominium unit shall be used and disbursed by the Association, as attorney -in - fact, in following order; (1) For payment of taxes and special assessments liens in favor of any assessing entity and the customary expense of sale; (2) For payment of the balance of the lien of any first mortgage; (3) For payment of unpaid common expenses and all costs, expenses and fees incurred by the Association; (4) For payment of junior liens and encumbrances in the order of and to the extent of their priority; and (5) The balance remaining, if any, shall be paid to the condominium unit owner. (c) If the insurance proceeds are insufficient to repair and reconstruct the damaged improvement(s), and if such damage is more than sixty per cent of all of the condominium units (the whole property), not including land, and if the owners representing an aggregate ownership interest of fifty-one per cent, or more, of the general common elements do not voluntarily,, within, one hundred days thereafter, make provisions for reconstruction, which plan must have the unanimous approval or consent of every first mortgagee, the Associa- tion shall forthwith record a notice setting forth such fact or facts, and upon the record- ing of such notice by the Association's President and Secretary or Assistant Secretary, the entire remaining premises shall be sold by the Association pursuant to the provisions of this paragraph, as attorney -in -fact for all of the owners, free and clear -of the pro- visions contained in this Declaration, the Map and the By -Laws. The insurance settle- ment proceeds shall be collected by the Association, and such proceeds shall be divided by the Association according to each owner's percentage interest in the general common elements, and such divided proceeds shall be paid into separate accounts, each such account representing one of the condominium units. Each such account shall be in the name of the Association, and shall be further identified by the condominium unit designa- tion and the name of the owner. From each separate account'the Association, as attorney - in -fact, shall forthwith use and disburse the total amount (of each) of such accounts, with- out contribution from one account to another, toward the partial or full payment of the lien of any first mortgage against the condominium unit represented by such separate account. Each such account shall be supplemented by the apportioned amount of the pro- ceeds obtained from the sale of the entire property. Such apportionment shall be based upon each condominium unit owner's percentage interest in the general common elements. The total funds of each account shall be used and disbursed, without contribution from one account to another, by the Association, as attorney -in -fact, for the same purposes and in the same order as is provided in subparagraph (b) (1) through (5) of this paragraph. If the owners representing an aggregate ownership interest of fifty-one per cent, or more, of the general common elements adopt a plan for reconstruction, which plan has the unanimous approval of all first mortgagees, then all of the owners shall be bound by the terms and other provisions of such plan. Any assessment made in connection with such plan shall be a common expense and made pro rata according to each owner's per- centage interest in the general common elements and shall be due and payable as provided by the terms of such plan, but not sooner than thirty days after written notice thereof, The Association shall have full authority, right and power, as attorney -in -fact, to cause the repair or restoration of improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an owner to pay the assessment. The assessment provided for herein shall be a debt of each owner and a lien on his condominium unit and may be enforced and collected as is provided in paragraph 25. In addition thereto, the Association, as attorney - in - fact, shall have the absolute right and power to sell the con- dominium unit of any owner refusing or failing to pay such assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be sold by the Association. The delinquent owner shall be required to pay to the Association the costs and expenses for filing the notices, interest at the rate of eight per cent per annum, on the amount of the assessment and all reasonable attorney's fees. The proceeds derived from the sale of such condo- minium 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 (b) (1) through (5) of this paragraph. (d) The owners representing an aggregate ownership interest of eighty per cent, or more, of the general common elements may agree that the general common elements are obsolete and adopt a plan for the renewal and reconstruction, which plan has the unani- mous approval of all first mortgagees of record at the time of the adoption of such plan. If a plan for the renewal or reconstruction is adopted, notice of such plan shall be recorded, and the expense of renewal and reconstruction shall be payable by all of the owners as common expenses; provided, however, that an owner not a party to such a plan for re- newal 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 market value thereof. The Association shall then have thirty days (thereafter) within which to cancel such plan. If such plan is not cancelled, the condominium unit of the requesting owner shall be purchased according to the following procedures. If such owner and the Association can agree on the fair market value thereof, then such sale shall be consummated within thirty days thereafter. If the parties are unable'to agree, the date when either party notifies the other that he or it is unable to agree with the other shall be the "commencement date" from which all periods of time mentioned herein shall be measured. Within ten days following the commencement date, each party shall nominate in writing (and give notice of such nomination to the other party) an appraiser. If either party fails to make such a nomination, the appraiser nominated shall, within five days after default by the other party, appoint and associate with him another appraiser. If the two designated or selected appraisers are unable to agree, they shall appoint another appraiser to be umpire between them, if they can agree on such person. If they are unable to agree upon such umpire, leach appraiser previously appointed shall nominate, two appraisers, and from the names of the four appraisers so nominated one shall be drawn by lot by any judge of any court of record in Colorado, and the name so drawn shall be such umpire. The nominations from whom the umpire is to be drawn by lot shall be submitted within ten days of the failure of the two appraisers to agree, which, in any event, shall not be later than twenty days following the appointment of the second appraiser. The decision of the appraisers as to the fair market value, or in the case of their dis- agreement, then such decision of the umpire, shall be final and binding. The expenses and fees of such appraisers .shall be borne equally by the Association and the owner. The sale shall be consummated within fifteen days thereafter, and the Association, as attorney - in -fact, shall disburse such proceeds for the same purposes and in the same order as is provided in subparagraph (b) (1) through (5) of this paragraph, except as modified herein. (e) The owners representing an aggregate ownership interest of eighty-five per cent, or more, of the general common elements may agree that the condominium units are obsolete and that the same should be sold. Such plan must have the unanimous approval of every first mortgagee. In such instance, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Asso- ciation's President and Secretary or Assistant Secretary, the entire premises shall be sold by the Association, as attorney -in -fact for all of the owners, free and clear of the provisions contained in this Declaration, the Map and the By -Laws. The sales proceeds shall be apportioned between the owners on the basis of each owner's percentage interest in the general common elements, and such apportioned proceeds shall be paid into separate accounts, each such account representing one condominium unit. Each such account shall be in the name of the Association, and shall be further identified by the condominium unit designation and the name of the owner. From each separate account the Association, as attorney -in -fact, shall use and disburse the total amount (of each) of such accounts, without contribution from one account to another, for the same purposes and in the same order as is provided in subparagraph (b) (1) through(5) of this paragraph. 29, Personal Property for Common Use. The Association, as attorney -in -fact for all of the owners, may acquire and hold for the use and benefit of all of the condominium unit owners, real, tangible and intangible personal property and may dispose of the same by sale or otherwise. The beneficial interest in any such property shall be owned by all of the condominium unit owners in the same proportion as their respective interests in the general common elements, and such interest therein shall not be transferable except with a conveyance of a condominium unit. A conveyance of a condominium unit shall -10- r.'nsfer to the brai ownership of the grantor's 1 ficial interest in such property without any reference thereto in the deed. Each owner may use such property in accord- ance with the purpose for which it is intended without hindering or encroaching upon the lawful rights of the other owners. The transfer of title to a condominium unit under foreclosure shall entitle the purchaser to the beneficial interest in such personal property associated with the foreclosed condominium unit. 30. Registration of Mailing Address. Each owner shall register his mailing address with the Association, and notices or demands intended to be served upon an owner shall be sent by mail, postage prepaid, addressed in the name of the owner at such registered mailing address. 31. Period of Condominium Ownership. The separate condominium estates created by this Declaration and the Map shall continue until this Declaration is revolted in the manner and as is provided in paragraph 20 of this Declaration or until terminated in the manner and as is provided in subparagraph (c) or (e) of paragraph 28 of this Declaration. 32. General Reservations. Declarant reserves the right to install signs identifying the buildings and the right to grant to occupants of the commercial units the right to install signs (on the general common elements) for identification purposes; provided, however, that all signs shall comply with any applicable ordinances of Aspen, Colorado. In addition, Declarant reserves the right to establish easements, reservations, exceptions and exclu- sions consistent with the condominium ownership of the condominium project and for the best interests of the condominium unit owners and the Association in order to serve the entire condominium project. 33. General. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such in- validity shall not affect the validity of the remainder of this Declaration, and the applica- tion of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. (b) The provisions of this Declaration shall be in addition to and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (c) That whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, Declarant has duly executed this Declaration this ,? 77,y day of November , 1970• // Q 4 / _1�7 / 1 �-�AT T I? sr yi,;- ;Assistant Secretary STA-TI?.,OF': CO.LORADO ) ss City and County,,of Denver ) J)z�j4n 1-1. Chieek, Jr. ASPEN CONSTRUCTI'6N CORPORATION B W �. . John R. Huebinger, Pr ide Jae. The above and foregoing instrument was acknowledged before me this .2 7-?w day of November , 1970, by John H. Cheek, Jr. and John B. Huebinger as President and as Assistant Secretary of Aspen Construction Corporation, a Colorado corporation. Witness my hand and official seal. CCMy Commission expires: e2� y-- S � L4 /2 ry�c7 l�ucg�iG Notary Public 5 T.p Tq r/ �o Go p y.d \ A /Js CP -11- EXHIBIT "A" The Easterly 23. 75 feet of Lot N, all of Lots O and P, and the Westerly 28. 25 feet of Lot Q, Block 95, City and Townsite of Aspen, County of Pitkin, State of Colorado, subject to easements for overhanging eaves of the building adjoining the Easterly line of subject property and the right to permit snow and water removal therefrom upon the subject property, as reserved by instrument recorded in Book 186, Page 354; easement for placement of a fuel tank at the Northerly end of said Lot Q, pro- vided that the owners of said Lot Q may relocate said tank at their own expense, as reserved by instrument recorded in Book 186, Page 354; subject to the rights of the owners of the property adjoining the subject property on the West arising from the existence of a party wall as described in Agreement in Warranty Deed recorded in Book 243, Page 279; conditions and obligations of agreements and reservations in Book 183, Page 292, Book 211, Page 493, Book 240, Page 805; reservation for 30 years of an area on the North end of the subject property to accommodate the park- ing of 5 standard size automobiles by instruments recorded in Book 211, Page 493 and Book 240, Page 805, subsequently amended by instrument recorded in Book 247, Page 480, providing for an area 18 feet by 50 feet on the North end of the subject property. Type of Unit EXHIBIT "B" Unit Number Appurtenant Undivided Interest (Percentage) Commercial RB-1 11. 8956 Commercial C- 1 6.7181 Commercial C-2 4. 0168 Commercial C-3 9. 1822 Commercial C-4 2.8328 Commercial C-5 3. 0126 Commercial C-6 Z. 9121 Commercial C-7 7. 0294 Commercial C-8 4. 3806 Commercial C-9 4.8201 Residential 301 5. 3621 Residential 302 4.5189 Residential 303 4.5189 Residential 304 5. 3621 Residential 305 5. 3621 Residential 306 4.5189 Residential 402 4.5189 Residential 403 4.5189 Residential 406 4. 5189 100. 00001C VICINITY MAP � 1 f -X. IN STEPS NW B L K CDR ALUM DISK 24303 SW BLK COR LEGEND & NOTES O SET CORNER WAG. NAIL W/ ALUM DISK 'LS !6129' O FOUND SURVEY MONUMENT REBAR WITH CAP OR AS DESCRIBED 1959 OFFICIAL MAP OF THE CITY OF ASPEN WAS USED FOR SURVEY LOCATIONS BASIS OF BEARINGS IS N14`50'49-E 220.25' BETWEEN THE SW d NW CORS OF BLOCK 95 ALUM DISK 24707 AND -X- IN STEP PITKIN COUNTY TITLE, INC. COMMITMENT PCT- DATED 199_ WAS USED IN THE PREPARATION OF THIS MAP. ❑ UTILITY BOX 9 SET STEEL SPIKE OR P-K NAIL SURVEY CONTROL C.E. COMMON ELEMENT OF THE COOPER BUILDING PARKINF CONDOMINIUM G.C.E. GENERAL COMMON ELEMENT OF THE ASPENHOF (CONDOMINIUM) �KJ��I� c ''�I-'VAl'IY,I' �V� �✓n�,QJ ��1 Icy t.�Ji/ � �VS'"/ &V� 01A�PA dM�( YeAW'(0 �I4IWM 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 SHORN HEREON. CONDOMINIUM MAP OF COOPER BUILDING PARKING CONDOMINIUM Lam[ -4II UNIT 'v 10 UNIT s°09 .. 9 UN IT > a --mow j g ^ UN I T ' 3 � /UNIT / '-----� 8 / U N I T 1 _ 1 5 HVgC I COLUMNS ARE ENc oSORE G.C.E. ASPENHOF ORWAY - (TYPICAL) / 65,p G.C.E. i - ASPENHOF ��tM 3 Ol O 2D.2S �l QC WIDE ►4_ ` 0 /g. �� Q l °' mQ� i s U N( T U C. E 16g G.C.E ASPENHOF ENrRy P alp 0 46 9 SIrtN� 3 � aleU%d �reavl IT \/ NIT 1 / G.C. . i n rR4Sk STOR4a % AREA / EXTENDNINTO PARKING AREAS AS SHOWN SEE PARAGRAPH _ OF THE CONDOMINIUM DECLARATION. MAP OF ASPENHOF (A CONDOMINIUM) PLAT BOOK 4 PAGES 136-139 FIRST AMENDED CONDOMINIUM MAP OF ASPENHOF PLAT BOOK 6 PAGE 10 EASTERLY 23.75 FEET OF LOT N, ALL OF LOTS 0 AND P, AND THE WESTERLY 28.25 FEET OF LOT O, BLOCK 95, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO -ofl'sT I NIF1IC7Y SHEET I SITE PLAN, CERTIFICATES, & VICINITY MAP SHEET 2 BASEMENT PLAIN VIEW h ELEVATIONS 2 ;G G.C.E ASPENHOF LEGAL DESCRIPTION SCALE I INCH - 10 FEET 0 5 10 15 20 0- 4 ELECTRIC TRANSFORMER 9COG i ES 0 0 0 E THE BASEMENT GARAGE AREA AND RAMP AND OTHER PARKING SPACES ALL AS SHOW ON THE CONDOMINIUM MAP OF ASPENHOF RECORDED IN PLAT BOOK 4 AT PAGES 13.139 AND THE FIRST AMENDED MAP OF ASPENHOF RECORDED IN PLAT BOOK 6 AT PAGE ) AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR ASPENHOF RECORDED J BOOK 252 AT PAGE 49 AND THE FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR 4PENHOF (A CONDOMINIUM AS RECORDED IN BOOK 332 AT PAGE 606 OF THE REAL ESTATE!ECORDS OF PITKIN COUNTY, COLORADO. to • OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT JOHN H. CHEEK, JR. BEING THE RECORD OWNER OF THE BASEMENT GARAGE AREA AND RAMP AND OTHE PARKING SPACES OF THE ASPENHOF, SITUATED ON THE EASTERLY 23.75 FEET OF LOT N, ALL OF LOTS 0 AND P, AND THE WESTERLY 28.25 FEET OF LOT O, BLOCK 95, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, HAVE BY THESE PRESENTS CONDOMINIUMIZED SAID PROPERTY AND THE IMPROVEMENTS THEREON INTO PAKING UNITS !-12 AND 14: STORAGE UNITS A B, d C AND COMMON ELEMENTS OF THE COOPER BUILDING PARKING CONDOMINIUM AND PURSUANT TO THC PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE COOPER BUILDING PARKING CONDOMINIUM RECORDED ON 199_ AT RECEPTION N0. IN THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO EXECUTED THIS _. DAY OF , 199 JOHN H CHEEK; :R STATE OF COLORADO )s. COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF _ --1 199_ BY JOHN H CHEEKI JR I AS OWNER. 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 Dd 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 OWNtR'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 AGREILD THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN _SATED:-_.,i99_ VINCENT J. HIGENS PRESIDENT PITKIN COUNTY TITLE, INC. 600 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) ec COUNTY OF PIKTIN )) ` THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS . i 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 DAVID W. MCBRIDE, HEREBY CERTIFY THAT IN NOV. 1998 AND MARCH 1999, A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE COMMITMENT PCT- DATED 199_ ARE ACCURATELY SHOWN ON THIS MAP, AND THAT THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION OF THE BUILDING AND INDIVIDUAL UNITS AND UNIT DESIGNATIONS THEREOF. 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 CITY ENGINEER'S APPROVAL THIS CONDOMINIUM MAP WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF _ , 199_ . CITY ENGINEER COMMUNITY DEVELOPMENT APPROVAL THIS CONDOMINIUM MAP WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN PLANNING DEPARTMENT ON THIS _ DAY OF , 199_. DI CLERK AND RECORDERS 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 PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET P.O. BOX 2506 ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 SHEET I OF 2 JOB NO 28311A DEC. 21, 1998 0 a CONDOMINIUM MAP OF COOPL'R BULL DING PARKING COND OMINI UM a SALE I INCH - 10 FEET _ 1 0 5 10 15 20 47.6— 6.5' uNla m 403 • - --• - - STORAGE �� UNIT 'A U NI T M l '30t' STORAGE UNIT C \_ w STORAGE UNIT B C.E. C.E. W rn O! � J W UN I T I COMMON ELEMENT o I Z •406'ol Im 0 UNIT I o v UNIT a •402• a l a EAST ELEVATION _j UNIT RB- 1 1 UNIT 1 i o COMMERCIAL ' 300' of co I- UNIT ' 1 2 • ASPENHOF — -- -- COLUMN TYPICAL UNIT I OooR '305' a a 11.95' -- - -- --- — UNIT THE ASPENHOF (CONDOMINIUM UNIT C- 10 UNIT RAMP AND PARKING GARAGE m 304' rn ; _}_J F COMMON ELEMENT N UNIT _ UNIT UNIT UNIT Lo UNIT 1 UNIT I UNIT U N I T 403 301 406 402 ;r 306 ; 305 304 '303' rn STORAGE JNITS i 18.35� f TYP I CAI_) - v UNIT 1 .35' •302• I ! G.C.E. WEST ELEVATION --- -- j ASPENHOF I P STORAGE 2.7 UNIT s 1 I 3.75 � UNIT 'b' o • 1 4 ' 1 I 10.15 n ro MECH. RM. 133.IS cl EXTERIOR WALLS 6 COLUMNS ARE G.C.E. FOR ASPENHOF STORAGE UNIT ' C' BASEMENT FLOOR PLAN PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET P.O. BOX 2506 ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 SHEET 2 OF 2 JOB NO 28311A DEC. 21, 1998