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Home My WebLink Aboutcoa.lu.co.419 E Hyman Ave.Paragon.A004-03 fl 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 A 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 Ilj LLC Oates, Knezevich & Gardensqartz, P.C. 2/11/03 Plat Recorded 2/11/03 J. Lindt rr~ 1. !~ 2. 3. fte 4. /""'I ,-,~ 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. Include a purpose statement on the plat. Include a vicinity map. 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. Obtain all signatures with the exception of the City Community Development Director, Community DeveIopment Engineer, and Pitkin County Clerk <illd Recorder prior to submitting mylars to Community Development Department. 11 (j LAW OFFICES OF LEONARD M. OATES RICHARD A. KNEZEVICH TED D. GAROENSWARTZ DAVIDS. KELLY OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 TELEPHONE (970) 920.1700 FACSIMILE (970)920-1121 jlk@okglaw.com OF COUNSEL: JOHN T. KELLY MARIA TICSAY January 22, 2003 VIA HAND DELIVERY Mr. James Lindt City of Aspen Department of Community Development 130 S. Galena St. Aspen, CO 81611 Re: 419 E. Hyman Ave. Dear James: 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. e i' ,/ f' ,. ;..' L Bt::---.-.-."-' John T. Kelly - JTKlbab Encl. O:\Data\JTKIClielltsICottonwocxl Ventures I & IIYtrto lindl 1.22.03.wpd , """.~ ".. '~I" t ' ".;~;:,~. (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 mayor 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. t 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 Units and to (':rmvp.rt p.::Irh TIn;! ~ CVJ..u111srr;:i:il U1J.~t~ or Kesident;~l Units, or any combination of both. 17.3 Amendment of this Declaration. Upon the Owners orrJnits 7 __ -llor 8 exercise of any of their Development Rights andlor other special rights set forti !" i Li; Article 17 or elsewhere, such Unit Owner shall record an amendment to this Declaratlvl1 (mcluding 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 9wner to exercise such rights and any amendment to this Declaration required to implement the same may be executea SOlely by such Umt Uwner. 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 Ut~~}!1111I11111111111111111111111I1111111I1111111I1 37 of 428~1~i~~~~ ~1~3~: ~o~o~~o~.e~~!S_~ILVI ":.:, ;.t~,<,.... S' ,..~i , :,";':,S;;d~",;,':,' ~ , rJ 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 Condomiruum Map that is required to implement the same may be executed 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 l-c 'llIlended from time to time, and to any other applicable provisions of law. 18.3 Conveyance of Condominium Units. All Condominium Units, whether or not t".;; 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 ofIncorporation, 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, 38 1111111111111111I11111111111111111111111111111111111111 446044 08/14/2000 01:35P CONDO DE D~YIS SILVI :~c- -,7,.w:,,:"'-~~'t.JT" t"n