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Home My WebLink Aboutcoa.lu.co.419 E Hyman Ave.Paragon.A004-03A004-03 419 E Hyman Unit 7 Amended Condominiumization 273718216047 C L 8903 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. TOTAL NAME: Ir ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE: J INITIAL: 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 A004-03 2737-182-16047 419 E Hyman Amended Condominium Declaration Paragon Bldg Unit 7 419 E Hyman Ave James Lindt Amended Condominium Declaration Cottonwood Ventures II, LLC Oates, Knezevich & Gardensgartz, P.C. 2/11/03 Plat Recorded 2/11 /03 J. Lindt PROJADDR: I Paragon Bldg Unit 7 419 E Hyman A CASE TYP: I Amended Condominium Declaration STEPS: OWN/APP: I Cottonwood Venture ADR.1 C/S/Z: I PHN:1 REP: Oates, Knezevich & Garden ADR:920-17001533 E Hopkins CISIZ:lAspen/CO/81611 PHN: I FEES DUE: V 37,77r, iJ FEES RCVD:1$460.00 STAT: 7, REFERRALS, . . .... . . .... REF:— BY EF: BY P NOTICE MTG DATE EV BODY 1* C JE F_ F_ DATE OF FINAL ACTION CITY COUNCIL:F_ REMARKS PZ: F_ BOA: F BY: 7, L 77\ -CLOSED:i - DRAC: F, 'i C ') 777 PLAT SUBMITD: PLAT (BK,PG):J.7;??L17/�',=L ADMIN fi �� vo "7 10 J k k:�� _/"J -j�,clvJv-- )uv\Fo,4,e, ��76 TACI va Q-- viCl✓IIT�/ {�Q� '-� VlC I VA 0, a I/lC)l MEMORANDUM To: John T. Kelly From: James Lindt, Planner Date: January 27, 2003 Re: 419 E. Hyman Condominium Map Amendment- Community Development Department's Comments Please make the following amendments to the Condominium Amendment Map of 419 E. Hyman. 1. Include a purpose statement on the plat. 2. Include a vicinity map. 3. Include a plat note that states that the space may change between commercial and residential uses because the site is a Historic Landmark pursuant to Land Use Code Section 26.470.070(D), Growth Management Quota System. (� 4. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting mylars to Community Development Department. LAW OFFICES OF OATES, KNEZEVICH & 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 OF COUNSEL: JOHN T. KELLY MARIA TICSAY January 22, 2003 Mr. James Lindt City of Aspen Department of Community Development 130 S. Galena St. Aspen, CO 81611 Re: 419 E. Hyman Ave. Dear James: TELEPHONE (970) 920-1700 FACSIMILE (970) 920-1121 )tk@okglaw.com VIA HAND DELIVERY Enclosed please find duplicate executed mylars, the Amended Condominium Declaration and a check for $460.00. I have also enclosed the applicable provisions of the recorded Condominium Declaration (Article 17—Development and Additional Special Unit Owner Rights) which permits the unilateral Amendment of the Map and Declaration as provided for in the enclosed document. Please contact me with any questions and/or comments you may have. When the documents are ready for recording I would appreciate you giving me a call and I will assist in such recording in any way necessary. Very Truly Yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. John T. Kelly JTK/bab Encl. D:1Data1JTKICIientMCottonwood Ventures 18 IIUtr to lindt 1.22,03.wpd (d) Receive written notice of meetings of the Association where matters will be considered that, if approved, will require the consent of First Mortgagees or some of them; (e) Receive written notice of condemnation proceedings affecting any Common Elements, and (f) Receive written notice of the lapse of any insurance that the Association is required to maintain under this Declaration; In addition, any first Mortgagee shall be entitled to pay any taxes or other charges which are in default and which may or have become a lien against the Common Elements and may pay any overdue premiums on hazard or general liability insurance policies covering the Common Elements, and shall be entitled to immediate reimbursement therefor from the Association, unless the Association is contesting any unpaid taxes or other charges and has set aside sufficient funds to pay the contested amounts if necessary. ARTICLE 17 DEVELOPMENT AND ADDITIONAL SPECIAL UNIT OWNER RIGHTS 17.1 Additional Owner Rights. In addition to the provisions of this Article 17, the Owners of Units 7 and/or 8 shall have and be entitled to exercise all other development or special rights specifically reserved to the Owners of Units 7 and/or 8 and elsewhere in this Declaration in accordance with the provisions establishing such rights. 17.2 Development Rights. The Owners of Units 7 and/or 8 expressly reserve to themselves and their successors and assigns, the right to subdivide their respective residential T T�_._ ----3 _L TT— _7 TT__ __ __T— L:—_a' t both. 17.3 Amendment of this Declaration. Upon the Owners o'TJnits 7 —_�/or 8 exercise of any of their Development Rights and/or other special rights set fort} is Article 17 or elsewhere, such Unit Owner shall record an amendment to this Declarati"a (including but not limited to Exhibit "B" hereof) and/or the Condominium Map reflecting the changes in this Declaration and/or the Map occasioned by the exercise of such Development rights or special rights and reallocating the Allocated Interests as required thereby. No consent will be required from the Association, the Board of Directors of the Association, or any other person for such Unit Owner to exercise such rights and any amendment to this Declaration required to implement the same may be execute s�o?eiy Fy such ni caner. 17.4 Amendment of Condominium Map. Contemporaneously with the Amendment of this Declaration, the Owners of Units 7 and/or 8 shall file an Amendment of the Condominium Map reflecting all changes resulting from exercise of the Development Rights or other special 37 I 11111111111111111111111111111111111111111111111111111I 044 08/14/2000 01:35P CONDO DE DAVIS 37of 42R210.00nnanw*nn..__.._.. _SILVI rights and which changes are required or desirable to be shown on the Condominium Map. No consent will be required from the Association, the Board of Directors, or any other person for the Owners of Units 7 and/or 8 to exercise such rights and any amendment to the Condominium Ma that is required to implement the same may be execute solely by such Unit Owner(s). 17.5 Interpretation. Recording of amendments to this Declaration and the Condominium Map in the office of the Clerk and Recorder for the County of Pitkin, Colorado, shall automatically give effect to those matters contained in such amendments and, among other things, shall immediately vest in the existing and future Owners and holders of Security Interests an undivided interest in any of the Common Elements subsequently created. 17.6 Construction Easements. Declarant expressly reserves the right to perform repairs and construction work and to store materials in secure areas in the General Common Elements, together with the future right to control such repairs and construction and the right of access thereto, until completion, or to permit the exercise of its Development Rights and/or other special Declarant rights without the consent or approval of any other Owner. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere within the General Common Elements. ARTICLE 18 MISCELLANEOUS 18.1 Period of Condominium Ownership. The condominium ownership created by this Declaration and the Condominium Map shall continue until this Declaration is terminated in any manner provided in this Declaration or by law. 18.2 Supplement to Statutory Law. The provisions of this Declaration shall be in addition and supplemental to the Act and the Colorado Common Interest Ownership Act, as they may'- - amended from time to time, and to any other applicable provisions of law. 16.3 Conveyance of Condominium Units. All Condominium Units, whether or not t.L.- instrument of conveyance or assignment shall refer to this Declaration, shall be subject to the covenants, conditions, restrictions, easements, reservations, rights -of -way and all other terms and provisions contained in this Declaration, as it may be amended from time to time. 18.4 Enforcement. Enforcement of the covenants, conditions, restrictions, easements, reservations, rights -of -way, liens, charges and other provisions contained in this Declaration, the Articles of Incorporation, Bylaws or rules and regulations of the Association, as amended, shall be by any proceeding at law or in equity against any person or persons (including but not limited to the Association) violating or attempting to violate any such provision. The Association and any aggrieved Owner shall have the right to institute, maintain and or prosecute any such proceedings, Ws1 1111111111111111111111111111111111111111111111111111111