HomeMy WebLinkAboutLanduse Case.CO.1283 Snowbunny Ln.A03-02- - -Au39-
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1283 and 1285 Snowbunny Lane Condo
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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:
'-' �
��
1163
City Engineer
%�•
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
1079
Aspen Fire
Other Fees:
1006
Copy
1165
Remp Fee
1302
GIS Maps
1303
GIS Fee
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1 164
School District Land Ded.
TOTAL
NAME: -
ADDRESS/
PROJECT:
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PHONE:
CHECK# ' I ,y �'
CASE/PE 7-4#:(39'- # OF COPIES:
DATE: '� �� INITIAL:
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A039-02
2735-122-08017
1283 & 1285 Snowbunny Lane Condominiumization
1283 & 1285 Cemetery Lane
James Lindt
Condominium ization
Daniel George
1 / 10/03
Approved- Plat Record
1 /10/03
J. Lindt
CASE NAME: 1283 & 1285 Snowbunny Lane Condominiumization PLNR: James Lindt
PROJ ADDR: 1 1283 & 1285 Cemetery Lane CASE TYP: Condom iniumization STEPS:1
OWN/APPA Daniel George ADR 1285 Snowbunny Lane CIS/Z: Aspen/CO/81611 PHN: 925-8210
REP: ADR: C/S/Z: PHN
FEES DUE: 280 FF 1807E FEES RCVD: 460 STAT I■
REF:r�
MTG DATE- REV BODY—" NOTI
REMARKS J✓J c.l 4 k'�2 C E lAf�rd, -+tAty 41 5,71
DATE OF FINAL
CITY COON,
BOA:
DRAC: �,� �_
ADMIN ,M,OVt—J& k..,JQ4
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130 S. Galena St.
Aspen CO 81611
(970)920-5090
(970) 920-5439, fax
To:
Daniel George
From:
James Lindt
Fax:
925-1793
Pages:
Phone:
Date:
4/23/02
Re:
Condominium Plat Comments
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Hi Daniel,
Please find attached the necessary changes that have to be made by the surveyor. After the surveyor
makes the necessary changes, please have 2 mylar copies made and obtain all of the appropriate
signature on them with the exception of the Community Development Engineer, Community
Development Director, and the Pitkin County Clerk and Recorder and return the plats to our office. If
you have any questions, please call me at 920-5095.
Thank You,
James Lindt
r:
•
MEMORANDUM
To: Daniel George
From: James Lindt, Planner 1- ( ,
Date: April 22, 2002
Re: 1283 and 1285 Snowbunny Lane Condominium Map -
Community Development Department's Comments
1. Indicate what areas are to be designated as Limited and General
Common Elements.
2. Include Vicinity Map.
3. Indicate Zone District.
4. Survey must be updated within the last year.
5. Show snow and trash storage areas.
6. All of the Community Development Engineer's Comments must be
reflected on the final set of two mylar plats in addition to the
Community Development Department's comments.
7. 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.
0 •
To: James Lindt
From: John Niewoehner
City of Aspen Co u ity Development Engineer
Phone: 920-510 ; -m i : johnn@ci.aspen.co.us
Date: April 22, 2002
RE: Lot 13, Block 1, Snow Bunny Subdivision Condominiums
m�
THE CITY OF ASPEN
I have identified the following shortcomings of the condominium plat in addition to
your comments:
1. The bearings must read clockwise around the parcel.
2. Basis of Bearings: Survey must be tied to a government monument
system.
3. What is the property monument on the southeast corner of the
property? Why isn't the monument on the property corner? If
necessary, re -set the monument on the property corner.
4. Provide building ties.
5. Identify or remove line that bisects northeast property line and
d riveway.
6. Fix typo Surveyor's Certificate to show correct date.
Johnn>D :/JohnN/condoplat-snowbunny
•
•
kPlease Reply To
201 North Mill Street, Suite 102
Aspen, Colorado 81611
(970) 925-9393
Fax (970) 925-9396
VIA HAND DELIVERY
NEILEY & ALDER
ATTORNEYS
Richard Y. Neiley, Jr.
Eugene M. Alder
January 8, 2003
Mr. James Lindt
Aspen/Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
Dear James:
❑ Please Reply To
6800 Highway 82, Suite 1, Upper Level
Glenwood Springs, Colorado 81601
(970) 928-9393
Fax (970) 928-9399
Re: Lot 13, Block 1, Snowbunny Subdivision Condominium Plat
I am delivering herewith a fully executed, original mylar for the above -referenced
condominiumization along with two copies of the Plat and a copy of the executed Condominium
Declaration. My client, Dan George, submitted a draft Plat to you in April of 2002. The changes
required in your memo of April 23, 2002 have been completed. A copy of your memo is enclosed
herewith.
My client is anxious to complete the condominiumization. Would you please let me
know when the City Clerk will be recording the Plat so I can coordinate the recordation of the
Declaration. Our check in the amount of $11.00 to cover the cost of recording the Plat is also
enclosed herewith.
Very truly yours,
richa
EY & ALDER
rd Y. Neiley, Jr.
RYN/agk
Enclosures
APR-23-2002 WE 09:57 AM FAX NO. P. 01 /03
130 S. Galena St
Aspen CO 81611
(970) 920 -5090
(970) 920-5439, fax �
C�
IM
To:
Daniel George
From:
James Lindt
Fax:
925-1793
Pages:
Phone:
Date:
4/23/02
Re:
Condominium Plat Comments
cc:
❑ Urgent D For Review 0 please Comment p Please Reply ❑ please Recycle
• Comments:
Hi Daniel,
Please find attached the necessary changes that have to be made by the surveyor. After the surveyor
makes the necessary changes, please have 2 mylar copies made and obtain all of the appropriate
signature on them with the exception of the Community Development Engineer, Community
Development Director, and the Pitkin County Clerk and Recorder and return the plats to our office. If
you have any questions, please call me at 920-5095.
Thank You,
James Lindt
V��
ci - 03
* APR-23-2002 TUE 09:58 AM
I- r,x HO. 0
P. 03/03
To: James Lindt
From: John Niewoehner
City of Aspen Co u ity Development Fndineer
Phone: 920-510 rn : johnn@ci.aspf n.co_us THE CITY or ASPEN
Date: April 22, 2002 V
RE: Lot 13, Block 1, Snow Bunny Subdivision Condominiums
have identified the following shortcomings of the condominium plat in addition to
your comments:
1. The bearings must read clockwise around the nsrrPl
2. Basis of Bearings: Survey must be tied to a government monument
system.
3. What is the property monument on the southeast corner of the
property? Why isn't the monument on the property corner? If
necessary, re -set the monument on the property corner.
4. Provide building ties.
5. Identify or remove line that bisects northeast property line and
driveway.
6, Fix typo Surveyor's Certificate to show correct date.
Jolinn>D:/Jol,nN/condoplat-snowbunny
• R--23--2002 'PUE 09:58 AM FAX N0. 10 P. 02/03
AIIENIO12ANDUM
To. Daniel George
I"rom: James Lindt, Planner �S- �—
Date: April 22, 2002
Re: 1283 and 1285 Snowbunny Lanc Condominium Map -
Community Development Department's Comments
l .
Tndicate what areas are to be designated as Limited and General
Common Elements.
2.
Include Vicinity Map.
3.
Indicate Zone District.
4.
Survey.must.be updated within the last year.
5.
Show snow and trash storage areas.
6.: ` `
;A11 of the Community Development Engineer's Comments must be
A: y
reflected oathe final set of two mylar plats in addition to the
CommunityDevelopmcnt Department's comments.
7:
Obfain all s" natures 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.
DECLARATION
FOR
LOT 13, BLOCK 1, SNOWBUNNY SUBDIVISION CONDOMINIUMS
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS:
A. DANIEL R. GEORGE and JACQUELINE S. ROSEN, hereinafter collectively called
"Declarant," are the owners of an improved parcel of real property situated in the City of Aspen,
Pitkin County, Colorado, described as follows:
Lot 13, Block 1,
SNOWBUNNY SUBDIVISION,
County of Pitkin,
State of Colorado,
(hereinafter referred to as the "Real Property') and also known as Lot 13, Block 1, Snowbunny
Condominiums (the "Condominium Uni.ts'l and also known by the street address of 1283 and 1285
Snowbunny Lane, Aspen, Colorado 81611.
B. The above -described property is presently developed with the residential improvements
as depicted on the Condominium Map of Lot 13, Block 1, Snowbunny Subdivision Condominiums.
C. Declarant desires to create a condominium project of the Real Property under the
Condominium Ownership Act ofthe State ofColorado (C.R.S. § 38-33-101, etseq.), and to establish
thereby a plan for the ownership in fee simple of real property estates consisting of the area or space
contained in each of the "Units" as hereinafter defined, and the ownership by one or more of the
individual and separate owners thereof, as tenants in common, of all of the remaining real property
hereinafter defined and referred to as the "Common Elements."
NOW, THEREFORE, Declarant does hereby publish and declare that the following
terms, covenants, conditions, easements, uses, restrictions, limitations and obligations shall be
deemed to run with the land, shall be a burden upon and a benefit to Declarant, Declarant's heirs,
personal representatives, successors and assigns and any persons acquiring or owning an interest in
the real property and improvements, their grantees, lessees, successors, heirs, executors,
administrators, devisees or assigns.
1. DEFINITIONS i Tnless the context shall expressly provide otherwise, the
following definitions shall apply:
(a) "Unit" and/or "Condominium Unit" means the individual air space
contained within the interior surfaces of the perimeter walls, floors, ceilings, windows, doors and
built-in fireplaces, if any, of each of the residences located in the Duplex situated on the Real
Property, together with all fixtures and improvements therein contained, including balconies and
decks appurtenant to each Unit and including the undivided interests in the Common Elements
appurtenant to such unit, but not including any of the structural components of such building within
a Unit, which Units are shown on the Condominium Plat and identified thereon as Unit 1 and Unit
2.
(b) "Owner" means the person or persons or entity or entities, including
Declarant, who owns fee simple title to a Condominium Unit. The term Owner shall not include the
owner or owners of any lesser estate or interest.
(c) "Mortgage" means any mortgage, deed of trust, or other security
instrument by which a Condominium Unit or any part thereof is encumbered.
(d) "Mortgagee" means any hcrson or entity named as the unort-a,or
beneficiary under any mortgage or deed of trust which encumbers the interest of any Owner.
(e) "Condominium Plat" means the Condominium Plat for Lot 13
Snowbunny Condominiums filed in the records in the office of the Clerk and Recorder of Pitkin
County, Colorado. The Condominium Plat is recorded in Plat Book at Page as
Reception Number of the Records of the Clerk and Recorder of Pitkin County, Colorado.
(f) "Common Elements" means: (i) all of the Real Property; (ii) the
foundations, columns, girders, beams, supports, main walls, roofs and crawlspaces contained in each
of the building improvements which are the subj ect of this Declaration, and the "party wall" dividing
Units 1 and 2 as shown on the Condominium Plat; and (iii) the installations in such building
consisting of the equipment and materials making up the central services such as tanks, pumps,
motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating
and air conditioning and, in general, all apparatus and installations existing for common use, if any
(but excluding all mechanical systems and equipment serving only one Unit). None of the Common
Elements may be conveyed to a person or entity other than a Condominium Unit Owner.
(g) "General Common Elements" means all Common Elements except
Limited Common Elements, as hereinafter defined, and specifically including the common driveway.
None of the General Common Elements may be allocated subsequently as Limited Common
Elements, without the written consent of all Owners.
(h) "Limited Common F,lemenk" means the portions r.f the rnmmon
Elements designated herein or on the Condominium Plat for the exclusive use of the Owner or
Owners of a Condominium Unit or Units.
The portions of the Real Property designated on the Condominium Plat, "Unit 1," and
the Limited Common Elements appurtenant thereto, are hereby designated for the exclusive use of
the Owner of Condominium Unit 1. The portions of the Real Property designated on the
Condominium Plat, "Unit 2," and the Limited Common Elements appurtenant thereto, are hereby
designated for the exclusive use of the Owner of Condominium Unit 2.
(i) "Real Property" means: the real property situated in the City of Aspen,
Pitkin County, Colorado, described in Exhibit "A" appended hereto.
2
0) "Project" means the Real Property and all buildings and other
improvements now or hereafter located on the Real Property, and all rights, easements and
appurtenances belonging thereto.
(k) "Managing Agent' means the person or entity that is selected and
appointed by the Owners of the Condominium Units pursuant to the provisions of paragraph 1 1 of
this Declaration.
2. DIVISION INTO CONDOMINIUM UNITS. The Project is hereby divided into
two (2) condominium units, which units may not be further divided into additional units, each
consisting of a separate fee simple estate in a particular Condominium Unit and the following
described appurtenant undivided fee simple interests in the Common Elements:
(a) Real Property Common Elements:
Unit 1 50%
Unit 2 50%
(b) Common Elements:
Unit 1 50%
Unit 2 50%
Each Owner shall own his appurtenant undivided interests in the Common Elements as a tenant in
common with the Owner or Owners also owning an interest in such Common Elements. Each
Owner shall have a 50% interest in the floor area ratio applicable to the Real Property as a whole.
3. INSEPARABILITY OF A UNIT. Each Unit and the undivided interests in the
Common Elements appurtenant thereto shall be inseparable and may be conveyed, leased,
encumbered, devised or inherited only as a Condominium Unit.
4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgage,
trust deed, will, or other instrument may legally describe a Condominium Unit by its identifying Unit
number, followed by "Lot 13 Snowbunny Condominiums," with further reference to the recorded
Declaration and Plat. For example "Unit 1, Lot 13 Snowbunny Condominiums, according to the Plat
recorded in Plat Book at Page and subject to the Declaration for Lot 13
Snowbunny Condominiums recorded as Reception No. of the Records of the Clerk
and Recorder of Pitkin County, Colorado. Every such description shall be deemed 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 the right to the use of the Limited Common
Elements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the
same.
5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO ASSESSOR.
Declarant shall give written notice to the assessor of Pitkin County, Colorado, of the operation of
condominium ownership of this property, as is provided by law, so that each Unit and the interests
3
appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and
taxation.
G. Tf[ [.[:-A Condominium Unit may be held and owned by more than one person
as joint tenants or as tenants in common, or in any real property tenancy relationship recognized
under the laws of Colorado.
7. NON PQRTITIONABILITY OF COMMON ELEMENTS. The Common
Elements shall be owned in common by the Owners as herein provided, and there shall be no judicial
or other partition of the Common Elements or any part thereof, nor shall any Owner bring any action
seeking partition thereof.
8. USE OF UNITS: GENERAL AND LIMITED COMMON ELEMENTS
(a) 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 Owner. No Owner shall obstruct that portion of the driveway designated as a General
Common Element on the Condominium Plat or otherwise hinder another Owner's access to his
garage.
(b) The Condominium Plat identifies the yard appurtenant to each Unit as
a Limited Common Element. Each of the Owners shall be solely responsible for maintaining such
Owner's yard in good condition and repair. Each Owner shall perform all necessary mowing,
planting, pruning and other landscaping so as to maintain the exterior appearance of the yard as
viewable from the public road and the other Unit in an attractive, well -maintained condition. In the
event proper yard care is not maintained with respect to either or both yards, the managing agent may
give notice of necessary maintenance and, if such maintenance is not promptly performed, the
managing agent may undertake such maintenance at the cost of such Owner.
9. EASEMENTS FOR ENCROACHMENTS. If any portion of the Common
Elements now or hereafter encroaches upon a Unit, a valid easement for the encroachment and for
its maintenance so long as it stands, shall and does exist. If any portion of a Unit now or hereafter
encroaches upon the Common Elements or upon an adjoining Unit, a valid easement for the
encroachment and for its maintenance so long as it stands, shall and does exist. For title or other
purposes, such encroachment and easements shall not be considered or determined to be
encumbrances either on Common Elements or the Units.
10. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICA-
TION. No labor performed or materials furnished and incorporated in a Condominium Unit with the
consent or at the request of the Owner thereof or his agent or his contractor or subcontractor shall
be the basis for the filing against the Condominium Unit Owner not expressly consenting to or
requesting the same, or against the interest in the Common Elements owned by any other Owner.
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 Condominium Unit of any other Owner or
against the Common Elements for construction performed or for labor, materials, services, or other
products incorporated in or otherwise attributable to the Owner's Condominium Unit at such
Owner's request.
4
11. ADMINISTRATION AND MANAGEMENT.
(a) Administration. The administration of the Project shall be governed by
this Declaration and all duly adopted amendments thereto or supplements thereof and any Bylaws
adopted by the Declarant or the Owners. Each Owner shall manage his own Condominium Unit,
and the Limited Common Elements appurtenant thereto and the General Common Elements and the
business and affairs of the Project shall be governed and managed jointly by the Owners unless the
Owners of Units 1 and 2 mutually agree upon the appointment of a Managing Agent to administer
both such Condominium Units and the Common Elements as set forth further herein. Notices of
Appointment of the Managing Agent by the Owners of -Units 1 and 2 hereunder shall be placed of
record insofar as required by law. The initial Managing Agent of such Condominium Units and the
Project shall be Declarant.
(b) Dispute Resolution. In the event the Owners of Units 1 and 2 are unable
to mutually agree upon any matter related to the use, management, repair or replacement of any
General Common Element or the business and affairs of the Project, they shall jointly appoint a
mutually acceptable third party who shall be authorized to make a binding decision resolving such
dispute. The appointment of the third party shall be in writing which shall identify the dispute
between the Owners and request a formal written resolution thereof. Any costs incurred in
connection with such dispute resolution shall be deemed a cost ofmanagement of the Project payable
equally by the parties and subject to assessment as set forth in this Declaration. If the parties cannot
agree upon an acceptable third party to resolve any dispute, the third party shall be appointed by a
judge of the Pitkin County District Court, upon application, of either Owner. The costs associated
with seeking the appointment of the third party for dispute resolution shall be deemed a cost of
management of the Project, payable equally by the parties and subject to assessment as set forth in
this Declaration.
(c) Management Agreement. Until the sale of both Units, Declarant shall
act as Managing Agent. Upon sale of both Units Declarant shall cease to act as Managing Agent and
the Owners of Units 1 and 2 may vote to appoint a new Managing Agent as provided herein. The
Owners may enter into a management agreement (the "Agreement") with a Managing Agent which
shall provide for the management of the Project. The Agreement can be renewable for additional
periods at the discretion of the Owners. Each Owner, his successor and assigns, shall be bound by
the Agreement for the purposes therein expressed, including but not limited to: (i) Adopting,
ratifying, confirming, and consenting to the execution of the Agreement by the Owners, and (ii)
covenanting and promising to perform each and every one of the covenants, promises, and
undertakings to be performed by Owners as provided in the Agreement.
(d) Association. The Owners may establish an Association to manage the
Common Elements, to be appointed as attorney -in -fact for condemnation or obsolescence purposes
or for such other purposes and functions as the Owners deem desirable or appropriate. The
Association may, but need not, be a Colorado not -for -profit corporation. If established, the
Association shall be governed by Bylaws approved by the Owners. In the event of the establishment
of an Association, all Owners shall automatically become members thereof.
5
12. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR AND
EMERGENCIES.
(a) The Owners shall have the irrevocable right to have access to each Unit
from time to time during reasonable hours as may be necessary for the inspection, maintenance,
repair or replacement of any of the General Common Elements or for making emergency repairs
necessary to prevent damage to the General or Limited Common Elements or to another Unit or
Units.
(b) Damage to the interior of any part of a Unit resulting from maintenance,
repair, emergency repair or replacement of any of the General or Limited Common Elements or as
a result of emergency repairs within a Unit at the instance of another Unit Owner shall be a Common
Expense of all of the Owners of Units having an interest in such General Common Elements;
provided, however, that if such damage is the result of the negligence of a Unit Owner, then such
Unit Owner shall be responsible for all of such damage.
13. OWNERS' MAINTENANCE AND REPAIR RESPONSIBILITY.
(a) For purposes ofmaintenance, repair, alteration and remodeling, an Owner
shall be deemed to own and to be responsible for the exterior surfaces of such Owner's Unit and the
Limited Common Elements assigned thereto, and the windows, doors, interior non -supporting walls,
materials, ceilings and floors within the Unit. An Owner shall not be deemed to own any utilities
running through his Unit which serve more than one Unit except as a tenant in common with the
adjoining Unit Owner. Such obligation and right to repair, alter and remodel shall carry the
obligation to replace any exterior finishing materials removed with similar or other types or kinds
of finishing materials of equal or better quality, and to maintain the Limited Common Elements
appurtenant thereto in good condition and repair and in a neat and clean condition. Any material
alteration, remodeling or refinishing of the exterior of Units 1 and 2 or Common Elements shall
require the prior mutual consent and approval of the Owners of both Units.
(b) An Owner shall maintain and keep the interior of his own Unit and the
Limited Common Elements All fixtures and equipment installed within the Unit commencing at a
point where the utility lines, pipes, wires, conduits or systems enter the Unit shall be maintained and
kept in repair by the Owner thereof.
(c) No Owner may create obnoxious noise or activities or unsightly
appearances including trash, abandoned vehicles or TV antennae or similar activities that would
adversely affect the enjoyment or value of the other Unit. Declarant may from time to time adopt
and amend Rules and Regulations as may be necessary for the operation of the Project with regard
to matters not otherwise specifically addressed herein. After sale of both Units by Declarant, the
Owners may, by mutual agreement, from time to time adopt and amend Rules and Regulations
governing the operation of the Project with regard to matters not otherwise specifically addressed
herein.
(d) The Owners shall be obligated to and shall provide for the care,
operation, management, maintenance, improvement, repair and replacement ofthe General Common
Elements so that such are kept in a good, clean, attractive, sanitary condition, order and repair,
including without limitation removal of snow and other materials from the General Common
R
Elements to permit access to the Units keeping the Project safe, attractive and desirable; and making
necessary or desirable alterations, additions, betterments, or improvements to the Common Elements.
(e) The Owners, either together, or through their Managing Agent, shall be
jointly responsible for painting and/or staining the exterior of the Units, for maintaining the roof, the
exterior walls, foundation, parking areas and driveway, structural components, and all other areas
designated as General Common Elements. The Owners (1) may obtain and pay for legal and
accounting services necessary or desirable in connection with the operation of the Project, or the
enforcement of this Declaration; and (2) may arrange with others to furnish lighting, heating, water,
trash collection, sewer service, and other common services.
14. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each Owner shall
comply strictly with the provisions of this Declaration as the same may be lawfully amended from
time to time. Failure so to comply shall be grounds for an action to recover sums due and for
damages or injunctive relief or both, maintainable by the Managing Agent or by an aggrieved Owner
or Owners.
15. REVOCATION OR AMFNDMFNT TO DECLARATION. This Declaration
shall not be revoked nor shall any of the provisions herein be amended unless the Owners of both
Condominium Units, and all of the holders of any recorded first mortgage or first priority deed of
trust covering or affecting any or all Condominium Units consent and agree to such revocation or
amendment by instruments which shall be duly recorded.
16. ASSESSMENT FOR UNITS 1 AND 2 COMMON EXPENSES.
(a) Annual Budget.
(1) An annual budget for common expenses shall be adopted by the
Owners as hereinafter provided. Assessments shall be payable quarterly or at such greater or lesser
intervals as the Owners may mutually agree, but in no event less often than annually. The
assessments against each Unit shall be based upon advance estimates of cash requirements by the
Owners to provide for the payment of all expenses growing out of or connected with the maintenance
and operation of the General Common Elements, or furnishing such utility services as shall not be
separately furnished and metered to the Units, which estimates may include, among other things:
(i) taxes quid special assessments, until the Units are separately assessed as provided herein;
(ii) premiums for all insurance which the Owners are required or permitted to maintain,
(iii) landscaping and care of grounds, including snow removal; (iv) common lighting, heating and
water charges; (v) any utility charges to the individual Condominium Units that are jointly metered;
(vi) trash collection; (vii) sewer service charges; (viii) repairs and maintenance of the General
Common Elements; (ix) security services; (x) management fees and expenses; (xi) legal and
accounting fees; (xii) any deficit remaining from a previous period; (xiii) the creation of a reasonable
contingency reserve, surplus and/or sinking fund; and, (xiv) any other expenses and liabilities which
may be incurred within the Project for the benefit of the Owners under or by reason of this
Declaration. All expenses will be assessed to the Units, as determined by the Owners in accordance
with applicable guidelines as set out in this Declaration.
(2) Annually it shall be the responsibility of the Owners to establish
and adopt an operating budget for the fiscal year. The budget shall be estimated based on the
7
previous year's budget and projected expenses for the coming year. The budget shall provide for the
allocation of any surplus funds remaining from any prior budget period and will identify and set apart
those expenses which are to be borne by the Owners of the Units. The Owners shall jointly adopt the
annual budget. In the event the Owners are unable to agree upon the proposed budget, the last
budget ratified by the Owners must be continued until such time as the Owners ratify a subsequent
budget or enter into mediation to resolve the issue as further provided herein. The obligation to
establish and adopt the operating budget may be delegated to the Managing Agent subject to the right
of the Owners to review and adopt or reject the budget.
(3) The Owners of Units 1 and 2 shalt be obligated to pay the
assessments to meet the Common Expenses incurred in connection with such Units. The
assessments shall be evenly divided between the Owner of Unit 1 and the Owner of Unit 2.
Assessments for the estimated Common Expenses, including all insurance except liability, shall be
due as contracted for with the insurance company. The Managing Agent or other Owner incurring
the cost shall prepare and deliver or mail to each Owner an itemized statement showing the various
estimated or actual expenses for which the assessments are made.
(4) Any amount accumulated in excess of the amount required for
annual expenses and reserves shall be credited according to each Owner's percentage of ownership
in the Common Elements to the next installments due from the Owners under the current year's
estimate, until exhausted, and any net shortage shall be added, according to each Owner's percentage
of ownership in the Common Elements, to the next two installments due after rendering of the
accounting. However, if budgeted, such excesses may serve to fund a reasonable reserve for
contingencies and replacements. Extraordinary expenditures not originally included in the annual
budget which may become necessary during the year shall be charged first against such reserve. If
said annual budget proves inadequate for any reason, including nonpayment of any Owner's regular
or special assessment, the Owners may at any time levy a further assessment, which shall be assessed
to the Owners according to each Owner's percentage of ownership in the Common Elements. Notice
of such further assessment shall be served on all Owners by a statement in writing giving the amount
and reasons therefor, and such further assessment shall become effective with the next payment
which is due in accordance with the schedule of payment established by the Owners.
(5) In addition to the other provisions of this Declaration, the Owners
(or the Managing Agent acting for and on behalf of the Owners) shall maintain copies of the budget,
and accurate books and records of receipt, expenditures, assets, and liabilities of each of the Owners,
and the same shall be open for inspection by the Owners required to pay Assessments during any
financial report period for which inspection is sought, or any representative of such Owner duly
authorized in writing, at such reasonable time or times during normal business hours as may be
requested by such Owner.
(6) All funds collected hereunder shall be held in an account
designated for such purpose and shall be expended solely for the purposes designated herein, and
shall be deemed to be held in trust for the benefit, use and account of the Owners.
(7) Assessments for reasonable actual Common Expenses may be
made, by the Managing Agent, or an Owner incurring the same, among other things, for the
following: driveway maintenance including snow plowing, approved expenses for management;
taxes and special assessments, until separately assessed; fire insurance with extended coverage and
0
vandalism and malicious mischief insurance with endorsements attached issued in the amount of the
maximum replacement value of Units 1 and 2; casualty and other insurance premiums; landscaping
and care of General Common Elements; common electrical, water, gas and sewer charges unless and
until any or all of the above are separately metered; repairs and renovations; garbage collections;
wages; legal and accounting fees; management fees; expenses and liabilities incurred by the
Managing Agent or other Owner under or by reason of this Declaration; the payment of any deficit
remaining from a previous period; the creation of a reasonable contingency or other reserve or
surplus fund as well as other costs and expenses relating to the appurtenant Common Elements. The
omission or failure of the Managing Agent to fix the assessment for any quarter shall not be deemed
a waiver, modification or a release of the subject Owner from their obligation to pay.
(b) Special Assessments. A special assessment is any assessment that is not
levied pursuant to an approved budget. The Owners may levy one or more special assessments to
provide, for the renovation, repair or replacement, to the extent not covered by insurance, or to
provide for extraordinary maintenance, if they determine, to the General Common Elements.
Owners shall ratify, by mutual agreement, any special assessment using the procedures set forth
above as if the special assessment proposal were an annual budget, except to the extent a special
assessment is necessary or appropriate for repair or replacement to the extent of an uninsured
casualty or loss by condemnation as provided by the Act and except as necessary for emergency
repairs, or except as necessary to assess against an Owner the expenses caused by such Owner.
Special Assessments levied for roof repair or replacement shall be kept in a fund for that purpose.
Such fund may be established in advance of such expenditures.
17. INSURANCE. Upon the sale of both Units by Declarant, one policy of public
liability insurance covering all of the General Common Elements shall be purchased and maintained
in effect at all times by the Owners of both of the Condominium Units, in an amount deemed
appropriate by such Owners, and its cost shall be shared in accordance with such Owners' respective
undivided interests in the Real Property Common Elements. Fire, casualty and extended coverage
insurance shall be the sole responsibility of the Owners of Units 1 and 2 (or the Managing Agent as
above provided) with respect to Units 1 and 2. Insurance coverage on the furnishings, additions and
improvements incorporated into a Unit and all items of personal property belonging to an Owner,
and casualty and public liability insurance coverage within each undivided Unit and those Limited
Common Elements reserved for the exclusive use of a particular Unit Owner shall be the sole
responsibility of such Owner. Prior to the sale of both Units by Declarant, Declarant may maintain
"builders risk" insurance on any Unit owned by Declarant, and the Owner of the other Unit shall
maintain separate homeowners insurance on his Unit.
18. OWNER'S PERSONAL OBLIGATION FOR PAYMENT OF ASSESS-
MENTS. The amount of the Common Expenses assessed against or incurred on account of a
Condominium Unit shall be the personal and individual debt of such Owner. Suit to recover a
money judgment for unpaid Common Expenses shall be maintainable by the Managing Agent, or
any aggrieved Owner without foreclosure or waiving the lien securing it. No Owner may be exempt
from liability for contribution towards the Common Expenses by Waiver of the use or enjoyment
of any of the Common Elements or by abandonment of any Unit.
19. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums due or
unpaid for the share of Common Expenses chargeable to Condominium Units 1 and 2, shall include
0
interest at fifteen percent (15%) per annum and shall constitute a lien on the Unit superior to all other
liens and encumbrances except:
(a) Tax and special assessment liens on the Unit in favor of any valid
assessing entity; and
(b) All sums unpaid on an obligation secured by a first mortgage or first deed
of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance,
including .idditional advances, refinance or extension of these obligations made prior to the
assessment lien.
'fo evidence such lien, the aggrieved Owner or Managing Agent shall prepare a
written notice setting forth the amount of the unpaid indebtedness, the name of the defaulting Owner
of the Condominium Unit and a description of the Condominium Unit. Such a notice shall be signed
by the aggrieved Owner or the Managing Agent, as appropriate, and may be recorded in the office
of the Clerk and Recorder of Pitkin County, Colorado. Such lien for the Common Expenses shall
attach from the date of the failure of payment of the debt, and may be enforced by foreclosure on the
defaulting Owner's Condominium Unit by the aggrieved Owner or the Managing Agent in like
manner as a mortgage or deed of trust on real property. In any such foreclosure the defaulting Owner
shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing
the notice or claim of lien and all reasonable attorneys' fees. The defaulting Owner shall also be
required to pay to the foreclosing party a reasonable rental for the Condominium Unit during the
period of foreclosure, and the foreclosing party shall be entitled to a receiver to manage the Unit. The
foreclosing party shall have the power to bid on the Condominium Unit at foreclosure sale and to
acquire and hold, lease, mortgage and convey such Condominium Unit.
The amount ofthe Common Expenses chargeable against Condominium Units 1 and
2 and the costs and expenses, including attorneys' fees, of collection shall also be a debt of the
Owner at the time due. Suit to recover a money judgment for unpaid Common Expenses shall be
maintainable without foreclosing or waiving the lien right securing it.
Any encumbrancer holding a lien on Condominium Units A or B may pay any unpaid
Common Expense payable with respect to such Condominium Unit, and upon such payment such
encumbrancer shall have a lien on such Condominium Unit for the amounts paid of the same priority
as the lien for the encumbrancer's encumbrance.
20. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF
CONDOMINIUM UNIT. Upon payment of a reasonable fee not to exceed one hundred dollars
($100.00) and upon the written request of any Owner or any Mortgagee or prospective- Mortgagee
of Condominium Units A or B, the Managing Agent or the Owner shall issue a written statement
setting forth the amount of the unpaid Common Expenses, if any, with respect to the subject
Condominium Unit, the amount of the current quarterly assessment and the date such assessment
becomes due, credit for advance payments or for prepaid items, including but not limited to
insurance premiums, which shall be conclusive upon the issuer of such statement in favor of all
persons who rely on it in good faith.
The grantee of a Condominium Unit shall be jointly and severally liable with the
grantor for all unpaid assessments of the Common Expenses up to the time of the grant or
10
conveyance, without prejudice to the Grantee's right to recover from the Grantor the amounts paid
by the Grantee; provided, however, that upon payment of a reasonable fee not to exceed one hundred
(S 100.00) dollars, and upon written request, any prospective Grantee shall be entitled to a statement
from the Managing Agent or Owner of the other Condominium Unit, setting forth the amount ofthe
unpaid assessments, if any, with respect to the subject Unit, the amount of the current quarterly
assessment and the date that such assessment becomes due, credit for advance payments or for
prepaid items including but not limited to insurance premiums, which shall be conclusive upon the
issuer of such statement. Unless such request for a statement of indebtedness shall be complied with
within ten (10) days of such request, then such Grantee shall not be liable for any unpaid assessments
against the subject Unit.
21. MOK I GAGING A CONDOMINIUM LANI l - PRIORITY. Any Owner shall
have the right from time to time to encumber his interest by deed of trust, mortgage or other security
instrument. A first mortgage shall be one which has first and paramount priority under applicable
law. The Owner of a Condominium Unit may create junior mortgages on the following conditions:
(1) Any such junior mortgages shall be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for Common Expenses, and other obligations created
by this Declaration; (2) The Mortgagee under any junior mortgage shall release, for the purpose of
restoration of any improvements upon the mortgage premises, all of his right, title and interest in and
to the proceeds under all insurance policies upon the premises which insurance policies were effected
and placed upon the mortgaged premises by the Managing Agent or other Owners. Such release
shall be furnished forthwith by a junior mortgagee upon written request of the Managing Agent or
Owners of the other Unit.
22. ATTORNEY -IN -FACT IN CASE OF DESTRUCTION, REPAIR OR
OBSOLESCENCE. This Declaration hereby makes mandatory the irrevocable appointment of an
Attorney -in -Fact to deal with Condominium Units 1 and 2 upon their destruction, repair or
obsolescence.
Title to both of such Condominium Units is declared and expressly made subject to
the terms and conditions hereof, and acceptance by any Grantee of the Attorney -in -Fact herein
provided. All of the Condominium Unit Owners irrevocably constitute and appoint the Managing
Agent, from time to time appointed pursuant to this Declaration, their true and lawful attorney in
their name, place and stead for the purpose of dealing with the property upon its destruction, repair
or obsolescence as is hereafter provided. The Attorney -in -Fact shall have 11111 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 or
appropriate to the exercise of the powers herein granted. Repair and reconstruction of the
improvements as used in the succeeding paragraphs mean restoring the improvements to
substantially the same condition in which they existed prior to the damage, with each Unit and the
General and Limited Common Elements appurtenant thereto having the same vertical and horizontal
boundaries as before. The proceeds of any insurance collected shall be available to the Attorney -in -
Fact for the purpose of repair, restoration or replacement unless the Owners of Units 1 and 2 and all
first mortgagees thereon 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 improvements, shall be applied by the Attorney -
in -Fact to such reconstruction, and the improvements shall be promptly repaired and reconstructed.
11
The Attomey-in-Fact 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
improvements, such damage or destruction shall be promptly repaired and reconstructed by the
Attorney -in -Fact, using the proceeds of insurance and the proceeds of a special assessment to be
made against all of the Unit Owners and their Condominium Units. Such deficiency assessments
shall be a Common Expense and made pro rata according to each Owner's tractional interest in the
Common Elements, and shall be due and payable within thirty (30) days after written notice. The
Attorney -in -Fact shall have the authority to cause the repair or restoration of the improvements using
all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the
special assessment. The special assessment shall be a debt of each Owner and a lien on his
Condominium Unit and maybe enforced and collected as is provided in paragraph 19. In addition,
the Attorney -in -Fact shall have the absolute right and power to sell the Condominium Unit of any
Owner refusing or failing to pay such deficiency assessment within the time provided, and if not so
paid, the Attorney -in -Fact shall cause to be recorded a notice that the Condominium Unit of the
delinquent Owner shall be sold by the Attorney -in -Fact. The proceeds derived from the sale of such
Condominium Unit shall be used and disbursed by the Attorney -in -Fact in the following order:
dePrl ..Ff.,,.-.• ,..,1
assessing entity; and,
(a) For payment of the balance of the lien of any first mortgage or
(2) For payment of taxes and assessment liens in favor of any
(3) For payment of unpaid Common Expenses; and,
(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 O�� ncr.
(c) The Owner of one of such Condominium Units may give notice to the
other Unit Owner that Units 1 and 2 are obsolete and that the same should be renewed or
reconstructed. If both Owners agree, then the expense shall be payable by both of the Owners as
Common Expenses; provided, however, that any Owner not in agreement to such renewal or
construction may give written notice to the Attorney -in -Fact that such Unit shall be purchased by the
Attorney -in -Fact for fair market value. If such Owner and the Attorney -in -Fact can agree on the fair
n1, il,,;i � alue then sale shall be consummated within thirty (30) days thereafter. If the parties are
unable to agree, the date when either party notifies the other that they are unable to agree with the
other shall be the "commencing date" from which all periods of time shall be measured. Within ten
(10) days following the commencing date, each party shall nominate in writing, and give notice of
such nomination to the other party, an appraiser who shall be a duly qualified appraiser qualified to
make appraisals of condominium and similar property in Pitkin County, Colorado. If either party
fails to make such a nomination, the appraiser nominated shall, within five (5) days after default by
the other party, appoint and associate with hint another similarly qualified appraiser. If the two
appraisers designated by the parties, or selected as provided in the event of the default of one party,
12
are unable to agree, they shall appoint another similarly qualified appraiser to be arbitrator between
them. The decision of the appraisers as to the fair market value shall be final, binding and not
subject to appeal. The expenses and fees of the appraisers shall be borne equally by the Owners.
The sale shall be consummated within fifteen (15) days thereafter, and the Attorney -in -Fact shall
disburse such proceeds as is provided in subparagraph (b)(1) through (5) of this paragraph.
(d) Owners of both Units may agree that Units 1 and 2 are obsolete and
should be sold. Such agreement must have the unanimous approval of every Mortgagee. In such
instance, the Attorney -in -Fact shall forthwith record anotice setting forth such factor facts, and upon
the recording of such notice by the Attorney -in -Fact, Condominium Units 1 and 2 shall be sold by
the Attorney -in -Fact for both of the Owners, subject to all of the provisions contained in this
Declaration and the Plat. The sales proceeds shall be apportioned among the affected Owners on the
basis of each Owner's fractional interest in the Common Elements, and such apportioned proceeds
shall be paid into separate accounts representing each Condominium Unit. Each account shall be in
the name of the Attorney -in -Fact, and shall be further identified by specific Unit, and the name of
Lht: Owner. From each scpai alc acL;cuut, the Attorney -in -Fact uisburse the total amount of such
accounts, without contribution from one account to another, for the same purposes and in the same
order as provided in subparagraph (b)(1) through (5) of this paragraph.
23. ATTORNEY -IN -FACT IN CASE OF CONDEMNATION. This Declaration
mandates the irrevocable appointment of an Attorney -in -Fact to deal with the Project in the event
of its complete or partial condemnation. Title to both of the Condominium Units is declared and
expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed
from the Declarant or from any Owner shall constitute consent to the appointment of any Attorney -
in -Fact identified by an appointment recorded in the real estate records of Pitkin County. The
Attorney -in -Fact may be changed at any time by mutual agreement of the Owners, such change only
to be effective upon the recording of a notice designating the new Attorney -in -Fact under this
paragraph in the Pitkin County, Colorado, Real Property records. The Attorney -in -Fact shall have
full and complete authorization, right and power to make, execute and deliver any contract, deed or
other instrument with respect to the interest of a Condominium Unit Owner which are necessary or
appropriate to the exercise of the powers herein granted. The initial Attorney -in -Fact shall be
appointed by mutual agreement of the Unit Owners.
(a) Consequences of Condemnation. If at any time during the continuance
of the condominium ownership pursuant to this Declaration, all or any part of the Project shall be
taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in
avoidance thereof, the following provisions shall apply:
(1) Proceeds: All compensation, damages or other proceeds (the
C,)ademnation Award") shall be payable to the Attorney -in -Fact; and,
(2) Complete Taking: In the event that the entire project is taken or
condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium
ownership pursuant thereto shall terminate. The Condemnation Award shall be apportioned among
the Owners on the basis of each Owner's fractional interest in the Real Property Common Elements,
provided that if a standard difference from the value of the property as a whole is employed to
measure the Condemnation Award in the negotiation, judicial decree, or otherwise, then in
determining such share of the same standard shall be employed to the extent it is relevant and
13
applicable. On the basis of the principal set forth above the Attorney -in -Fact shall as soon as
practicable determine the share of the Condemnation Award to which each Owner is entitled. Such
shares shall be paid into separate accounts and disbursed as soon as practicable in the same manner
provided in paragraph 22(d); and,
(3) Partial Taking: In the event that less than the entire Project is
taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the
condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of
the Condemnation Award to be determined in the following manner: As soon as practicable, the
Attorney -in -Fact shall, reasonably and in good faith, allocate the Condemnation Award between
compensation, damages or other proceeds, and shall apportion the amounts so allocated among the
owners, as follows: (a) the total amount allocated to taking of or injury to the General Common
Elements, (b) the total amount allocated to severance damages shall be apportioned to those
Condominium Units which were not taken or condemned, (c) the respective amounts allocated to
the taking of or injury to a particular Unit and improvements an Owner had made within his own
Unit shall be apportioned to the particular Unit involved, and (d) the total amount allocated to
consequential damages and any other takings of injuries shall be apportioned as the Attorney -in -Fact
determines to be equitable in the circumstances. If an allocation of the Condemnation Award is
already established in negotiation, judicial decree or otherwise, then in allocating the Condemnation
Award the Attorney -in -Fact shall employ such allocation to the extent it is relevant and applicable.
Distribution of apportioned proceeds shall be disbursed as soon as practical in the same manner
provided in paragraph 22(d); and,
(4) Reorganization: In the event a partial taking results in the taking
of a complete Unit, the Owner thereof automatically shall cease to be an Owner under this
Declaration; and,
(5) Reconstruction and Repair: Any reconstruction and repair
necessitated by condemnation shall be governed by the procedures specified in paragraph 22, in
which case such paragraph shall be construed to apply to both Condominium Units.
24..MAILING OF NOTICES. Each Owner shall register his mailing address with
the other Owner and all notices or demands intended to be served upon any Owner shall be sent by
either registered or certified mail, postage prepaid, addressed in the name of the Owner at such
registered mailing address. All notices or demands intended to be served upon the Owners shall be
given by registered or certified mail, postage prepaid, to the registered address. All notices or
demands to be served on Mortgagees shall be sent by either registered or certified mail, postage
prepaid, addressed in the name of the_ Mortgagee at such address as the Mortgagee may have
furnished to the owners in writing. The Mortgagee must furnish its address, to be entitled to receive
notices provided for in this Declaration. Any notice referred to in this Section shall be deemed given
when deposited in the United States mail, postage prepaid.
25. PERIOD OF TOWNHOME OWNERSHIP. These separate condominium estates
created by this Declaration and the Condominium Plat shall continue until this Declaration is
revoked in the manner provided in paragraph 15 or paragraph 23 or until terminated by operation at
law.
14
26. GENERAL.
(a) If any of the provisions of this Declaration or any paragraph, sentence,
clause, phrase or word or the application thereof is in any circumstances invalidated, such invalidity
shall not affect the validity of the remainder of this Declaration; and,
(b) The provisions of this Declaration shall be in addition and supplemental
to the Condominium Ownership Act of the State of Colorado and to all other provisions of the law;
and,
(c) Whencvcr a dispute arises between the Owners regarding modifications
and repairs, remodels, care and maintenance of Common elements and budget matters and they are
unable to resolve the dispute between themselves within fourteen calendar days, then the Owners
shall jointly appoint a mediator and share equally in the cost of such mediation. The mediation,
unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within seven
(7) calendar days after the mediation commences. If the parties are unable to resolve the dispute
through mediation, they may agree to binding arbitration or thereafter either party may take such
further legal action as they deem necessary.
(d). 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.
Declarant:
Dated: Pz
r
fEL R. GEORG
Dated:
AC UELINE S. ROSEN
STATE OF COLORADO )
) ss. k��,�;.....•, ,�
COUNTY OF PITKIN
Subscribed and sworn this Declarationlia4 been duly exdcu
De!cemb , by DANIEL r-
�VVitnessmy d offi 1-•�� 6 E��p
My Commission tax es: .
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9j;•.Ua .%Ps 1 ••�BL`••'• y ub is
F Op ••pbpQ� OF COLO
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My Comm--Im SO*72= My Cwagssbn EOM 7/2M15
this day of
STATE OF COLORADO
) ss.
COUNTY OF PITKIN )
o�
Subscr;;,_,� And sworn this Declaration has been duly executed this day of
December, 2002, by .IAC'Ql1ELINE S. ROSEN.
Witness my hand and official seal.
My commission expires:
Nota lic
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16
CONDOMINOUM MAP OF
CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BEARING
C 1 (83°57') (70') 102.56' 93.63' N 42°02'30-W
0 10 20
SECTION
CORNER
2 I
II 12 S 86°21'18-W 970.43 FIELD
BASIS OF BEARINGS
T.10 S.. R.85 W
6th. P.M.
VICINITY MAP
LEGEND AND NOTES
O
FOUND OR SET SURVEY MONUMENT AS DESCRIBED
SURVEY CONTROL
off--o
FENCE
❑
UTILITY BOX
®
MAIL BOX
0
LIGHT
CALLS IN ( ) FROM SUBDIVISION PLAT
TITLE INFORMATION FURNISHED BY:
STEWART TITLE OF ASPEN, INC.
ORDER NO. 00027609-C2
DATED: NOVEMBER 02. 2000
CALLS IN ( ) RECORD
ZONE DISTRICT: R-15
14.5'
DENOTES BUILDING TIE
L.C.E.
LIMITED COMMON ELEMENT
G.C.E.
GENERAL COMMON ELEMENT
UNIT DIVISION LINE
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE
SURVEYOR.
14
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LOT 13, BLOCK 1, SNOWBUNNY SUBDIVISION CONDOMINUMS
LEGAL DESCRIPTION
LOT 13. BLOCK I. SNOWBUNNY SUBDIVISION. ACCORDING TO THE PLAT THEREOF
RECORDED MAY 2. 1957 IN PLAT BOOK 2A AT PAGE 229. CITY OF ASPEN. COUNTY
OF PITKIN. STATE OF COLORADO.
CONTAINING 14.117 SO. FT. •/-
0.324 ACRES •/-
SNOIWBUNNY LANE
(50' R.O.W.)
DRIVE (S 84°01'E 60') 6
SNOW
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UNIT I L.C.E.
UNIT I L.C.E.
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OWNER'S CERTIFICATE
KNOW ALL PERSONS BY THESE PRESENTS THAT' DANIEL R. GEORGE AND JACOUELLINE S. ROSEN.
BEING THE RECORD OWNER'S OF CERTAIN LANDS IN THE CITY OF ASPEN. PITKIN COUNTY
COLORADO AS DESCRIBED AS:
LOT 13. BLOCK I. SNOWBUNNY SUBDIVISION. ACCORDING TO THE RECORDED PLAT THEREOF.
DO HEREBY CERTIFY THAT THIS TEMAP HAS BEEN PREPARED PURSUANT TO THE PppSES
S TED IN THE CONDOMINIU DECLARATION FOR SAID CONDOMINIUM DATED THE AY OF
200 S R P ION NUMBER OF THE RECORDS OF T ( AND
RECORDER F T NT IT STATE OF COLORADO.
DANIEL G 0 GE. W lakwil
CO LI rNE S. ROSEN. OWNER
N;� A G •� O
STATE OF COLORADO s
COUNTY OF PITKIN ) F C
FOREG NG OWNERS CER I CAT W �AK LEDGED BEFORE ME THIS(��{ni(es7M11lOOS
200 BY DANIEL R. GEORGE
T U LIC nt 3j�
STA OF COLORADO )
as r
COUNTY OF PITKIN ) ;
T FORE DING 2OWN RSBYEj2T I C E kS AC: 0 L GED BEFORE THIS,
a- •JACOUEL I � AqSWN
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MORTGAGEE'S CERTIFICATE My C&omission EKPIres
r
KNOW ALL PERSONS BY THESE PRESENTS THAT' WASHINGTON MUTUAL HOME LOANS. FA
HERBY CONSENTS TO THE RECORDING OF THIS PLAT.
WASHINGTON MU AL ft6S. FA.
BY: K�knN� '� ✓ p
STATE OF &t;- Arun 1
) Ss
COUNTY OF_WyC*Q,6f
E PQREGOING MORTGAGEES C RTIFIC E WAS ACKNOWLEDGED BEFORE ME T IS DAY OF
20
200 BY TITLE:
WA N AL ILW04S. FA.
NOAT�,A,.R,, P C ANNBA.TAFURI
,in � / � 40/ Commission S 1545409 x
EX� 3'4'Olo i Notca7y Public —CRItIbmic
von J."Ruif (~Oufft
SURVEYOR'S CERTIFICATE V4Comm. EglimsM0f4,20N!
JOHN M. HOWORTH HEREBY CERTIFY THAT' A SURVEY WAS PERFORMED DURING APRIL. 2002
UNDER MY DIRECTION. AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. BUILDING
SHOWN HERON WAS FOUND TO BE LOCATED THEREON. AS SHOWN ON THIS CONDOMINIUM MAP .
THE LOCATION AND EXTERIOR DIMENSIONS OF: THE UNITS. ARE ACCURATELY SHOWN ON THIS
MAP. AND THE ,Mk
R A�(,'00 fi/ATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND
HORIZONTAL DthtENSI qrt /OF THE BUILDINGS AND THE UNIT DESIGNATIONS THEREOF. THIS
SURVEY WAS P&R :04tb IN'K -££CORDANCE WITH COLORADO REVISED STATUES 1473. TITLE 38.
ARTICLES 33 3 ;%�, r>5'I, SUR§EY PRECISION GREATER THAN 1:10.000. ALL APPLICABLE EASEMENTS
STATED 0 H f LE COMMITMENT NOTED HEREON AR SHOWN.
SIGNED
J N OWY)R H L S: 25947
T ITLE ' ITT I F I CATS `AN0 �VAR/dN7PEC0.
THE UNDERSI�D"A OULY,IwU'?HORIZED REPRESENTATIVE OF TITLE OF ASPEN. INC.
REGULARLY D01Wi3,J,ggU$gI�I,E•S$ IN PITKIN COUNTY. COLORADO. DOES HEREBY CERTIFY THAT HE
PERSONS LISTED A5 OWNERS ON THIS PLAT DO HOLD SIMPLE TITLE TO THE WITHIN REAL
PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE
OWNERS CERTIFICATE ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS
CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE
NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT TITLE OF
ASPEN. INC. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGAT ON OR
LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN . L gND G Ni
S�*4 TITLE/OF ASP N. I C. EXCEPT Dt — yG863� ABC L//3/2Oo�,
53;.s� E. HOPK S EfFCcTtV6 to/t2/,3osa (3$3GZG)
ASPEN. CO ADO 816 1
SIGNED:
BYSIAAt6AjA19Aj—
STATE OF COLORADO )
) ss
COUNTY OF PITKIN ) �/�
THE FOREGOING TITLE CERT��,FFICAT WAS ACKNOWLEDGED BEFORE ME THIS _AADAY OF Z.AA) D
�""��,,������ pe 200'�. BY ffiYl[ j'/Vl6YL5�C.YY REPRESENTATIVE OF S TITLE
(rll 0111,00OF ASPEN. INC.
EDESTATE
CA RE
A0NO A Y PUBLIC �
C Y ENGINEERS APPROVAL COLORA
nO
THIS CONDOMINIUM MAP WAS APPROVED BY THE CITY OF AJgP�dMl$itvl T' 6P'' I NEER I NG
THIS _ DAY OF . 200_ .
CITY ENGINEER
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
THIS CONDOMINIUM MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE
CITY OF ASPEN COLORADO THIS DAY OF . 200_ . PURSUANT TO
OF THE MUNICIPAL CODE OF THE CITY OF ASPEN.
DIRECTOR
CLERK AND RECORDERS CERTIFICATE
THIS CONDOMINIUM MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND RECORDER
OF THE COUNTY OF PITKIN. STATE OF COLORADO, AT _O'CLOCK. .M. THIS _ DAY OF
200_. AND RECORDED IN PLAT BOOK _ AT PAGE _ AS RECEPTION NUMBER
CLERK AND RECORDER
SHEET 1 OF 1
e
PREPARED BY
ASPEN SURVEY ENGINEERS. INC
210 SOUTH GALENA STREET
ASPEN. COLORADO 81611
PHONE/FAX (970) 925-3818
DATE JOB
W
0 6 0 1� f 0 46 0
CURVE DELTA ANGLE RADIUS ARC CHORD
C 1 (83*57') (70') 102.56' 93.63
0 10 20
VICINITY MAP
0 • w
CHORD BEARING
N 42'02 ' 30' W
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LEGEND AND NOTES
4 RE -BAR
DRIVE
AS PLOWED
12.5
Ln
o GARAGE
N
2.5
ENCROACHMENT
Z
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LOT 13, BLOCK 1, SNOWBUNNY SUBDIVISION CONDOMINUMS
LEGAL DESCRIPTION
LOT 13. BLOCK I. SNOWBUNNY SUBDIVISION. ACCORDING TO THE PLAT THEREOF
RECORDED MAY 2. 1957 IN PLAT BOOK 2A AT PAGE 229. CITY OF ASPEN. COUNTY
OF PITKIN. STATE OF COLORADO.
CONTAINING 14.117 SO. FT. �/-
0.324 ACRES •/-
SNOWBUNNY LANE
(50' R.O.W.)
�A.9
N '
o
9�4 \
UN I T I
POSTED ADDRESS 4
'I283'
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5.9
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UNIT 2
POSTED ADDRESS
'1285'
0
N
DECK
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CONC. \
DECK \
Cotic
101
PAVED
UNIT 2 PARKING
UNIT I
•
•
•
OWNER'S CERTIFICATE
KNOW ALL PERSONS BY THESE PRESENTS THAT DANIEL R. GEORGE AND JACOUELLINE S. ROSEN.
BEING THE RECORD OWNER'S OF CERTAIN LANDS IN THE CITY OF ASPEN. PITKIN COUNTY
COLORADO AS DESCRIBED AS:
LOT 13, BLOCK I. SNOWBUNNY SUBDIVISION. ACCORDING TO THE RECORDED PLAT THEREOF.
DO HEREBY CERTIFY THAT THIS TEMAP HAS BEEN PREPARED PURSUANT TO THE PURPOSES
STATED IN THE CONDOMINIUM DECLARATION FOR SAID CONDOMINIUM DATED THE _ DAY OF
2002 AS RECEPTION NUMBER OF THE RECORDS OF THE CLERK AND
RECORDER OF THE COUNTY OF PITKIN. STATE OF COLORADO.
DANIEL R. GEORGE. OWNER
JACOUELIINE S. ROSEN. OWNER
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
THE FOREGOINQ OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
2002. BY DANIEL R. GEORGE.
NOTARY PUBLIC
STATE OF COLORADO I
ss
COUNTY OF PITKIN )
THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
2002. BY JACOUELINE S. ROSEN.
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I. JOHN M. HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED DURING APRIL. 2002
2001 UNDER MY DIRECTION. AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. BUILDING
SHOWN HERON WAS FOUND TO BE LOCATED THEREON. AS SHOWN ON THIS CONDOMINIUM MAP .
THE LOCATION AND EXTERIOR DIMENSIONS OF THE UNITS. ARE ACCURATELY SHOWN ON THIS
MAP. AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND
HORIZONTAL DIMENSIONS OF THE BUILDINGS AND THE UNIT DESIGNATIONS THEREOF. THIS
SURVEY WAS PERFORMED IN ACCORDANCE WITH COLORADO REVISED STATUES 1973. TITLE 38.
ARTICLES 33.3 AND 51. SURVEY PRECISION GREATER THAN :10.000. ALL APPLICABLE EASEMENTS
STATED ON THE TITLE COMMITMENT NOTED HEREON AR SHOWN.
SIGNED:
JOHN HOWORTH. C.P.L.S. 25947
TITLE CERTIFICATE
THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF STEWART TITLE OF ASPEN. INC..
REGULARLY DOING BUSINESS IN PITKIN COUNTY. COLORADO. DOES HEREBY CERTIFY THAT HE
PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD SIMPLE TITLE TO THE WITHIN REAL
PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE
OWNERS CERTIFICATE ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS
CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE
NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT STEWART TITLE OF
ASPEN. INC. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR
LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN .
STEWART TITLE OF ASPEN. INC.
620 E. HOPKINS
ASPEN. COLORADO 8161t
SIGNED:
BY:
STATE OF COLORADO ) .
as •COUNTY OF PITKIN )
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
2002. BY REPRESENTATIVE OF STEWART TITLE OF
ASPEN. INC. .
NOTARY PUBLIC
CITY ENGINEERS APPROVAL
THIS CONDOMINIUM MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING
THS _ DAY OF 2002.
CITY ENGINEER
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
THIS CONDOMINIUM MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE
CITY OF ASPEN COLORADO THIS _ DAY OF 2002. PURSUANT TO OF
THE MUNICIPAL CODE OF THE CITY OF ASPEN.
DIRECTOR
CLERK AND RECORDERS CERTIFICATE
THIS CONDOMINIUM MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND RECORDER
OF THE COUNTY OF PITKIN. STATE OF COLORADO. AT _O'CLOCK. _.M. THIS _ DAY OF
. 2002. AND RECORDED IN PLAT BOOK _ AT PAGE _ AS RECEPTION NUMBER
CLERK AND RECORDER
O
FOUND OR SET SURVEY MONUMENT A$ DESCRIBED
SURVEY CONTROL
0
"l � / ��� ��
o a—o
FENCE
0
❑
UTILITY BOX
—�
®
MAIL BOX
UTI
EASEMENTTY
p
STREET LIGHT
CALLS IN l ) FROM SUBDIVISION PLAT
RED CAP
UNDER
SHED
�p
FENCE
TITLE INFORMATION FURNISHED BY:
STEWART TITLE OF ASPEN. INC.
(S 84.10-9-C2EORDER
4
135.52')
DATED: NOVEMBER 02. 2000
END OF FENCE
CALLS IN ( ) RECORD
ZONE DISTRICT:
N0. 5 RE BAR
/4.5'
DENOTES BUILDING TIE
L.C.E.
LIMITED COMMON ELEMENT
1 1
G.C.E.
GENERAL COMMON ELEMENT
a_ a_
UNIT DIVISION LINE
12
ACTT ON'BASEDRUPN ANYTO CDEFECTT ODO N THISYOU
PLLAATTWCITHHIN THREENCE ANY
YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE
SURVEYOR.
SHEET 1 OF 1
PREPARED BY
ASPEN SURVEY ENGINEERS.
210 SOUTH GALENA STREET
ASPEN. COLORADO 81611
PHONE/FAX (970) 925-3816
DATE JOB
4/02 3102
I NC 1
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
X ...........
Community Development Engineer
O ...........
Zoning Officer
O ...........
Housing Director
O ...........
Parks Department
O ...........
Aspen Fire Marshal
O ...........
City Water
O ...........
Aspen Consolidated Sanitation District
O ...........
Building Department
O ...........
Environmental Health
O ...........
Electric Department
O ...........
Holy Cross Electric
O ...........
City Attorney
O ...........
Streets Department
O ...........
Historic Preservation Officer
O ...........
Pitkin County Planning
FROM: James Lindt, Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
RE: 1283 & 1285 Snowbunny Lane Condominiumization
Parcel ID #2735-122-08-017
DATE: April 22, 2002
COMMENTS: Please return comments to me by April 30th.
Thank You,
James