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Home My WebLink Aboutcoa.lu.co.422 W Bleeker St.0093.2015.ASLUPioneer Park Condominiums 422 East Bleeker Street PROPERTY OWNER: Siste Fischer c/o Avery S. Nelson, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 (970) 925-1936 anel sones garfi el dhecht. com APPLICANT: West End Residence LLC c/o Millard Zimet 1315 Mountain View Drive Aspen, CO 81611 (970) 925-9009 millardc,sopris.net REPRESENTATIVE: Richard Y. Neiley, Jr. Neiley Law Firm, LLC 215 South Monarch, Suite 105 Aspen, CO 81611 6800 Highway 82, Suite 1 Glenwood Springs, CO 81601 (970) 928-9393 aspenlaw@neileylaw.com PROPERTY: Pioneer Park Condominiums City of Aspen, State of Colorado Parcel ID No. 273512480003 APPLICATION FOR VACATION OF CONDOMINIUM MAP AND DECLARATION Applicant, West End Residence LLC, is the contract purchaser of the real property that is the subject of this Land Use Application. The Applicant, with approval of the property owner, Siste Fischer, seeks a decision of the City of Aspen Community Development Director approving the vacation of the Condominium Map and Declaration for Pioneer Park Condominiums. In accordance with the provisions of the City of Aspen Land Use Code, Section 26.480.050.A, vacation of the documentation resulting in condominiumization of real property requires approval of the City of Aspen Community Development Director. Because the Applicant seeks to vacate and revoke the condominium regime, a proposed Condominium Map is not submitted herewith. Proof of ownership is appended hereto as Attachment No. 1, comprised of the Applicant's attorney's Certificate of Ownership with attached Title Commitment. The City of Aspen's Land Use Application form is appended hereto as Attachment No. 2. A narrative description of the request to vacate the condominiumization, attaching copies of the recorded documents related to the subject real property and its condominiumization in 1982 in the form of a letter to City Attorney James R. True dated September 23, 2015, is appended hereto as Attachment No. 3. A letter authorizing the Neiley Law Firm, LLC and West End Residence LLC to process this Land Use Application with the consent of the Owner, Siste Fischer, is appended hereto as Attachment No. 4. The City of Aspen Pre -Application Conference Summary dated October 8, 2015 is appended as Attachment No. 5. The City's Homeowner Association Compliance Policy is appended as Attaclunent No. 6. The Applicant seeks the approval of the City of Aspen Community Development Director in the form of a decision authorizing the vacation of the Pioneer Park Condominiums Map, recorded January 28, 1982, in Plat Book 12 at Page 57, the Condominium Declaration of Pioneer Park Condominiums, recorded January 28, 1982, in Book 420 at Page 445, and the Amendment to Condominium Declaration for Pioneer Park Condominiums, recorded October 16, 1992, in Book 691 at Page 600. As a consequence of the vacation and revocation of the condominium regime, the real property will be described as Lot 1, Second Amended Weaver Subdivision, as depicted on the Plat recorded in Plat Book 30 at Page 92. Page 1 of 2 Also submitted herewith is the City's executed Fee Agreement and a check in the amount of $925.00. The Applicant respectfully requests that the City review and approve this Application and issue a decision of the City of Aspen Community Development Director approving the Vacation of the Condominium Map and Declaration for Pioneer Park Condominiums, as amended, for recordation in the records of the Pitkin County Clerk and Recorder. Page 2 of 2 ATTACHMENT NO. 1 CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owner of Pioneer Park Condominiums is Siste Fischer. A Title Commitment for the subject real property is appended hereto. 2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subject real property or that could conflict with the approvals requested for the property. 3. The address of the property is 422 East Bleeker Street, Aspen, Colorado 81611. 4. There are no mineral reservations and there are no third parties who own any mineral interests in the subject real property. 5. There is legal access to the subject real property\via East Bleeker Street, a public right of way. Y. NEILEY, JR. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) r, The foregoing Certificate of Ownership was acknowledged and signed before me this!t=� qday of October, 2015, by RICHARD Y. NEILEY, JR. WITNESS my hand and official seal. My commission expires: '�6p CONNIE A. WOOD NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID #19944009825 My Ce�tr►I�I�tr �ttpir�� dine fid, X91$ COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 17, 2016 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owners Policy -(6117/06) QS:T =S= (b) ALTA Loan Policy -(6/17106) Proposed Insured: (c) ALTA Loan Policy -(6117106) Proposed Insured: Case No. PCT24444W Amount Premium Rate: Standard Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effectiv to herEof vested in: S1STE FISCHER 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: PIONEER! ONDOMINIUMS, according to the Plat thereof recorded January' ,. 986% �86 )'' Plat Book 12 at Page 67 and as defined and described In the Co "I. Declaration for Pioneer Park Condominiums recorded in Book 420 at Page 445, P1TIaN COUNTY TITLE, INC. 601 E. HOPRINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHOMED AGENT Countersigned: Schedule A-PG.1 This Commitment Is invalid unless the insuring Provisions and Schedules A and B are attached. SCHEDULE B - SECTION 7 REQUIREMENTS The following are the requirements to be compiled with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper Instrument(s) creating,the estate or Interest to be insured must be executed and duly filed for record to -wit: 1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 2, Release of lien by the State of Colorado, Department of Revenue againstArthur Fischer and Sistie Fischer, in the amount of 29,856.25 plus interest and costs, recorded August 6, 2001 as Reception No. 457196. 3, Release of lien by the State of Colorado, Department of Revenue against Arthur Fischer Chtr, Arthur Fischer, Siste Fisher, Pioneer Park, in the amount of 70,119.09 plus Interest and costs, recorded October 21, 2002 as Reception No. 473749. 4, Duly acknowledged certificate of the authorized Managing Agent or Hoard of Directors of Pioneer Park Condominiums certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 5. Duly acknowledged certificate of the authorized Managing Agent or Hoard of Directors of Weaver Subdivision certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 6. Duly executed and acknowledged Deed, From : S18TE FISCHER To : WEST END RESIDENCE LLC 7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted, 8. Copy of the Registration duly stamped by the Secretary of State of the State of ------------------- evidencing registration of West End Residence LLC and Statement of Authority and a copy of the Operating Agreement of West End Residence LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company, 9. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) (Continued) SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 11. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the safe by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) SCHEDULE S SECTION 2 EXCEP'T'IONS The policy or policies to be issued veli contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. G. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7, Reservations and exceptions as set forth In the Deed from the City of Aspen recorded in Book 59 at Page 549 and in Book 205 at Pape 369 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws", 8. Terms, conditions, restrictions, reservations, provisions and obligations as contained in Easement Agreement recorded In Book 234 at Pape 656. 9. Those terms, conditions, provisions, obligations, easement, restrictions, assessments and all matters as set forth in Covenants recorded in Book 420 at Page 443 and Covenants recorded February 26, 1993 in Book 704 at Page 763, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Pioneer Park Condominiums recorded in Book 420 at Page 445 and Amendment thereto recorded October 16, 1992 in Book 691 at Page 600, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 4ed 11. Easements, g of way and all matters as disclosed on Plat of Pioneer Park Condominiums rec January 28, 986 r Plat Book 12 at Page 57 and February 16, 1993 in Plat Book 30 at Page 92,7 12. Terms, conditions, reservations, restrictions, provisions and obligations as set forth in Declaration of Covenants, Restrictions and Conditions for Amended Weaver Subdivision recorded in Book 544 at Page 408, deleting therefrom any restriction indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 13. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Ordinance No. 7, according to Section 24-9-7 of the Municipal Code of the City of Aspen for Designation of Historic Structures which are listed in the Inventory of Historic Sites and Structures for The City of Aspen, recorded March 24, 1982 in Book 423 at Page 985. 14. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Encroachment Agreement recorded October 16, 1992 in Book 691 at Page 604, 15. Reservations, provisions and other matters as set forth in Quit Claim Deed recorded October 16, 1992 in Book 691 at Page 608. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 91, Series of 1993 by Aspen City Council recorded August 11, 1993 to Book 720 at Page 908. ATTACHMENT NO.2 PROJECT: Name: Pioneer Park Condominiums - Vacation of Plat and Declaration Location: 422 East Bleeker Street, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512480003 kPPLICANT: Name: Siste Fischer/West End Residence LLC Address: c/o Neiley Law Firm, LLC, 215 South Monarch, Suite 105, Aspen, Colorado Phone #: (970) 925-9393 REPRESENTATIVE: Name: Richard Y. Neiley, Jr. Address: 6800 Highway 82, Suite 1, Glenwood Springs, Colorado 81601 Phone #: (970) 928-9393 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ® Other: Condominium ❑ Conditional Use Vacation EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Historic Residence and related improvements. 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.) No Changes to the improvements - vacation of Condominium Plat and Declaration. Ieyou attached the following? FEES DuE: $ 925.00 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. ATTACHMENT NO.3 � syr `i' 1.1,z111W Mi VIAPD Y, NEM JR g RICHARD }", iiiE.:It_EY tit September 23, 2015 James R. True, Esq. Asper City Attorney 130 South Galena Street Aspen, CO 81611 RE: Pioneer Park Dear Jim: I represent West End Residence, LLC, a Colorado limited liability company that is the Contract Purchaser of the residence and associated real property located on Lot 1 of the Second Amended Weaver Subdivision, Lots k., L, M, N, O, P and Q, all of Lots A, B and C except the north 70 feet of Lots A, B and C, and except the east 39 inches of Lot C, Block 36, Original Aspen Townsite (the "Pioneer Park Residence" or "Lot 1"). The City of Aspen is the owner of Pioneer Park, which is located on Lots R and S, Block 36, Original Aspen Townsite, and described as Lot 2 of the Second Amended Weaver Subdivision ("Park" or "Lot 2"). I received a Title Commitment in connection with my client's Contract to Purchase the Pioneer Park Residence which identifies the property as "Pioneer Parr Condominiums", according to the Plat thereof recorded January 28, 1982, in Plat Book 12, at Page 57, and as defined and described in the Condominium Declaration for Pioneer Park Condominiums, recorded on the same date in Book 420 at Page 445. The Deeds by which the City of Aspen acquired title to Pioneer Park identify as exceptions to title the Condominium Map and the Condoininium Declaration. I believe this was erroneous because the Condominium Map never included Lot 2 and, prior to conveyance of the Park to the City, an Amendment to the Condominium Declaration was recorded in October of 1992, along with an Amended Subdivision Exemption Map tivhich was approved by the City and recorded on February 26, 1993, expressly removing the Park (Lot 2), Lots R and S, Block 36, from the Condominium regime. Nonetheless, because the Condominium documents are identified as exceptions to title in the Deeds by which the Park was conveyed to the City, there is some confusion with respect to the Condominium regime as it affects the subject real properties. It is my client's objective to completely revoke the Condominium regime. However, because the Condominium Declaration and Map are identified as exceptions to title to the Park, Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, Co 81601 -970-928-9393 Email: aspenlaw@nelleylaw.com Aspen office: 215 South Monarch, Suite 105 • Aspen, CO 81611 •970-925-9393 James R. True, Esq. September 23, 2015 Page 2 to satisfy the title company, we need to determine what, if any, interest the City may assert with respect to the Condominium regime. Here is what I have discovered in investigating this issue: The property was condominiumized by the recordation of the Pioneer Park Condominium Map on January 28, 1982 (Book 12, Page 57) and the Condominium Declaration for Pioneer Park Condominiums recorded on the same day (Book 420, Page 445). The Condominium Map only depicts and describes Lot 1. The Condominium Declaration sets forth a legal description that included all of the City lots comprising Lot 1 and Lot 2, Lot 2 was and is comprised of Lots R and S, Block 36, City and Townsite of Aspen, the property now owned by the City of Aspen and referred to as the Park. The owners of the entire property at that time were John and Mary Weaver. The Condominium Map created two (2) units, the main house, Unit 1, and the smaller house on the alley, Unit 2 on the Pioneer Park Residence property, Lot 1. The Condominium Map expressly states that the survey was taken of Lot 1, Weaver Subdivision, Lot 2 (Lots R and S, Block 36) is not depicted on the Condominium Map and none of the improvements on Lot 2 are referenced on the Condominium Map. Also on January 28, 1982 (Book 12, Page 58), the Weavers recorded the Weaver Subdivision Exemption Plat that created two (2) lots, Lot 1 that includes the Pioneer Park Residence improvements and Lot 2 which is the Park. Lot 2 was then vacant with the exception of a gazebo. The City approved both the Condominium Map and the Weaver Subdivision Exemption Map on the same day. The Weaver Subdivision Exemption Map was amended twice, first in 1987 to enlarge Lot 2 (Book 20, Page 1) and the second time in 1993 to reduce Lot 2 back down to Lots R and S, Block 36 (Book 30, Page 92). Both of the Amended Exemption Maps were approved by the City. Prior to the recordation of the Second Amended Weaver Subdivision Exemption Map, on February 26, 1993 (Plat Book 30, Page 92), the Weavers, who owned both of the lots and the condominiumized buildings, recorded an Amendment to Condominium Declaration for Pioneer Park Condominiums on October 16, 1992 (Book 691, Page 600). That Amendment recites that the legal description in the Condominium Declaration was incorrect and erroneously included Lots R and S, Block 36 (Lot 2). The Amendment to the Condominium Declaration clarified that it was the intent of the Weavers that the Condominium Declaration and Condominium Map would have no effect on Lot 2 depicted on the Exemption Map and the Amended Exemption Map. The Amendment to the Condominium Declaration states that "Declarants hereby revoke the Declaration and Condominium Map, but only as they may apply to or affect the use and enjoyment of Lot 2, Weaver Subdivision, or Lot 2, Amended Weaver Subdivision." The effect of the Amendment was to withdraw Lots R and S from the Pioneer Park Condominiums regime. James R. True, Esq. September 23, 2015 Page 3 After the Condominium Declaration was amended on October 16, 1992, and the Second Amended Weaver Subdivision Exemption Map was approved by the City and recorded on February 26, 1993, the Park property (Lot 2), Lots R and S, Block 36, was sold to the City of Aspen via two (2) Warranty Deeds. The first Warranty Deed was recorded on February 26, 1993, conveying 59.26% of Lot 2 (Book 704, Page 770), and the second Warranty Deed was recorded October 22, 1993, conveying the remaining interest in Lot 2 (Book 727, Page 819). The legal descriptions in both Warranty Deeds to the City of Aspen specifically identify the property being conveyed as Lot 2, Second Amended Weaver Subdivision, and further described as Lots R and S, Block 36, City and Townsite of Aspen. Both Deeds, at Exhibit B, have exceptions to title (Exceptions 3 and 4) that include the Condominium Declaration for Pioneer Park Condominiums and the Amendment to the Declaration. Both Deeds also identify as exceptions to title the Condominium Map. The conveyance of the Park to the City was from Arthur and Fredna Stromberg. The Strombergs purchased the entire property from the Weavers by Warranty Deed recorded October 16, 1992 (Book 691, Page 611) that includes in the legal description appended as Exhibit A the following: Note 1: Lot 1, Weaver Subdivision Exemption Plat, was replatted as Pioneer Park Condominiums, according to the Plat thereof recorded January 28, 1986 (sic), in Plat Book 12 at Page 57, and as defined and described in the Condominium Declaration for Pioneer Park Condominiums recorded in Book 420 at Page 445. This Warranty Deed was recorded immediately following the recordation of the Amendment to Condominium Declaration for Pioneer Park Condominiums. It is clear that Lot 2 was never intended to be included in the Pioneer Park Condominium regime. The Amendment to the Condominium Declaration removed Lot 2 from the Condominium Declaration. The Condominium Map never depicted or described Lot 2. The City of Aspen subsequently approved the Second Amended Weaver Subdivision Exemption Map, which contains the following statement: This Second Amended Plat modifies the Plat of the Pioneer Park Condominium recorded in Plat Book 12 at Page 57. Thus, the City's approval of the modification of the Condominium Map, coupled with the previously recorded Amendment to the Condominium Declaration, confirms that Lot 2 was and is not a part of the Condominium regime. Neither the Colorado Condominium Act nor the Aspen Municipal Code contain any specific requirements for the revocation of a condominium declaration and map with respect to property included in the original Condominium regime. Because the Weavers owned the full interest in all of the property covered by the Condominium regime, they had the ability to withdraw Lot 2 from the Condominium regime without the need to obtain approval from the James R. 'tire, Esti, September 23, 2015 Page 4 City. Although the Deeds to the City identify as exceptions to title the Condominium Map, Declaration and Amendment to the Declaration, the City was clearly aware that Lot 2 was not included in the Condominium regime because of the exceptions to title and also because the first Warranty Deed to the City was recorded as Reception No. 354401, immediately fallowing the Second Amended Exemption Map that was recorded as Reception No. 354398. The only intervening document is entitled "Declaration of Restrictive Covenants, Lot 1, Second Amended Weaver Subdivision," recorded as Reception No. 354400 This Declaration restricts the use of Lot Q, Block 36, adjacent to the Park to the installation of walkways, paths, water courses and landscaping and protects the Park fi-orn adjacent development. It is apparent that the Second Amended Exerraption Map, the Declaration of Restrictive Covenants and the .Deeds to the City of Aspen were part and parcel of the sale of the Park to the City. The City was aware that Lot 2 was not included ill the Condominium regime and that the documents of record clearly established this. Therefore, it is illy opinion that the City acquired no rights or obligations in connection with the Condominium regime. Prior to closing of my client's purchase and with the consent and cooperation of the current owner of the Pioneer Park Residence (Lot 1), Siste Fischer, it is our intention to revoke the Condominium documentation and regime, and revert the description of the property to "Lot I of the Second Amended Weaver Subdivision Exemption Map." Because of the issue raised by our title company regarding whether or not the City obtained any interest in the Condominium regime, as a result of the exceptions identified in the Deeds to the City, we are seeking the City's consent to the revocation of the Condominium regime and an acknowledgement and waiver that the City has no interest in Lot 1, or claim in or under the Condominium Map and Condominium Declaration, as amended. Enclosed you will find a list of all of the recorded documents referenced in this letter, along with copies of all of those documents, including our Title Commitment dated June 17, 2015. I would like to set up a meeting with you at your earliest convenience to discuss the issues and request set forth above. Please contact me upon your receipt of this letter, so that we can set up a meeting. Thank you. Very truly yours, LAW FIRM, LLC Enclosures Richard Y. Neiley, Jr. cc West End Residence, LLC Avery Nelson, Esq. (Counsel for Ms. Fischer) ALTA Commitment For Tide Insurance LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE, 31DFLOOR ASPEN, COLORADO 81611 970 -925 -1766 -PHONE 970 -925 -6527 --FAX 877 -217 -3158 -TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (q d@sopris.net) Brandi Wolfe (pctb@sopris.net) Joy Higens - (boy@sopris,net) Issued By WF.STCOR LAND TITLE INSURANCE COMPANY Home Office. 875 Coveorrrse Parkrvay South, Suite 2011 hlaitlaud,FL 32751 Telephone (407) 629-5942 WESTCOR LAND T)TLE INSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY TYestcorLand Title Insurance Company, a California Corporation,("Company'), for• a valrtable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in fmwr of the Proposed Insured named iia Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance ivith the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. 77ds Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for hm�e been inserted in Schedule A hereof by the Comrpany. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy orpolicies is not the fault of the Company. The Company ivill provide a sample of the policy form upon request. IN WITNESS WHEREOF, JVESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by -Imus on the date shown in Schedule A. Issued By: Countersigned: 50 N/, � t Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen; CO 81611 WESTCOR LAND TITLE INSURANCE COMPANY By: ! ► VQW t�U�i�'4' t' KisT Lsz3Tt1_ � resident p fn. a<c p.g Suss o° Attest: e; L, 411/-01t � Secretary 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable inattets when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exchtsive remedy of the parties. Yoti ntay review a copy of the arbitration rules at http.11Www.alta.org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1, Effective Date: June 17, 2015 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -(6117/06) roposed insured: ST END RESIDENCE LLC (b) ALTA Loan Policy -(6/17/06) Proposed Insured: (c) ALTA Loan Policy -(6117/06) Proposed Insured: Case No. PCT24444W Amount$ Premium Rate: Standard Amount$ 0.00 Premium$ 0,00 Rate: Amount$ Premium$ Rate: 3, Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effec' e hereof vested in: C-91STE FISCHER -- 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and Is described as follows: PIONEER P ONDOMINIUMS, according to the Plat thereof recorded January ,. 986 Plat Book 12 at Page 57 and as defined and described in the Go 0 1 ni m Declaration for Pioneer Park Condominiums recorded in Book 420 at Page 445, P1TIGN COUNTY TTME, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-9251766 Phone/970-925-6527 Fax 877-217-3158 Toll Free A UTHORiZBD AGENT Countersigned; Schedule A-PG.1 This Commitment is invalid unless the insuring Provisions and Schedules A and B are attached. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper Instrument(s) creating.the estate or Interest to be insured must be executed and duly filed for record to -wit: 1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 2. Release of lien by the State of Colorado, Department of Revenue against Arthur Fischer and Sistie Fischer, in the amount of 29,856.25 plus interest and costs, recorded August 6, 2001 as Reception No. 457196. 3. Release of lien by the State of Colorado, Department of Revenue against Arthur Fischer Chtr, Arthur Fischer, Siste Fisher, Pioneer Park, in the amount of 70,119.09 plus interest and costs, recorded October 21, 2002 as Reception No. 473749. 4. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Pioneer Park Condominiums certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 5. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Weaver Subdivision certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 6. Duly executed and acknowledged Deed, From : SISTE FISCHER To : WEST END RESIDENCE LLC 7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 8. Copy of the Registration duly stamped by the Secretary of State of the State of ------------------- evidencing registration of West End Residence LLC and Statement of Authority and a copy of the Operating Agreement of West End Residence LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liabliity Company. 9. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) (Continued) SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 11. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) SCHEDULE S SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Basements, or claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and Inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special faxing district. 7. Reservations and exceptions as set forth In the Deed from the City of Aspen recorded in Book 59 at Page 549 and in Book 205 at Page 369 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, restrictions, reservations, provisions and obligations as contained in Easement Agreement recorded In Book 234 at Page 656. 9. Those terms, conditions, provisions, obligations, easement, restrictions, assessments and all matters as set forth In Covenants recorded in Book 420 at Pape 443 and Covenants recorded February 26, 1993 in Book 704 at Page 763, deleting therefrom any restrictions Indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Pioneer Park Condominiums recorded in Book 420 at Page 445 and Amendment thereto recorded October 16, 1992 in Book 691 at Page 600, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex,} Q� handicap, familial status or nationai origin. ��YP 1 11. Easements, g of way and all matters as disclosed on Plat of Pioneer Park Condominiums rec ded January 28, 986 i Plat Book 12 at Page 57 and February 16, 1993 in Plat Book 30 at Page 92.7 12. Terms, conditions, reservations, restrictions, provisions and obligations as set forth in Declaration of Covenants, Restrictions and Conditions for Amended Weaver Subdivision recorded in Book 544 at Page 408, deleting therefrom any restriction indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 13. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Ordinance No. 7, according to Section 24-9-7 of the Municipal Code of the City of Aspen for Designation of Historic Structures which are listed in the inventory of Historic Sites and Structures for The City of Aspen, recorded March 24, 1982 in Book 423 at Page 985. 14. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Encroachment Agreement recorded October 16, 1992 in Book 691 at Page 604, 15. Reservations, provisions and other matters as set forth in Quit Claim Deed recorded October 16, 1992 in Book 691 at Page 608. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 41, Series of 1993 by Aspen City Council recorded August 11, 1993 to Book 720 at Page 908. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT24444W SELLER: SISTE FISCHER BUYER: WEST END RESIDENCE LLC The following endorsements will be Issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $60.00 A satisfactory affidavit and agreement Indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $26,00 for Commercial Property. Exception Number 6 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following Items In addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B -Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured In an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (1) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materiaimens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these Items and any others requirements to be specified by the Company upon request, Pre-printed item Number 4 may be deleted from the Owner's policy when Issued. Please contact the Company for further Information. Notwithstanding the foregoing, nothing contained In this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materiaimens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due fisting each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the, Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there Is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to. enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it Is not disclosed to the company that the loan to be Insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: . Information we receive from you, such as your name, address, telephone number, or social security number; Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and j Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection ofyour nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be forrncl on WLTIC's ivebsite at iPwi v1tic.con1. \ 2 /gg 0p \ E ƒ ¥�Fw \ PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-17661970-925-6527 FAX TOLL FREE 877-2173158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT24444WIWEST END RESIDENCE LLC s e -_F d U R T H—S T R E E T • , � � ea � 53 i�j: - NMbli• kGC• • � 60 � r P§§ . � v ,- - S m a d m ? e M1 y IF 'ur, ' DI: 5754-H NAS' l 1 r l >� D11AC� n • r-•—, " � oN � � W Z P Ll C 4 t e �� o�� R � �� ' � 79'y6��5 A � �� 3' a U3 n $ n i•� k3 �e ? ' IN gyg�• Y J g ';IU .,..I _...... ...'- ,...♦ ...r... 0 r - c - .. rtr. ,-;LS\.11 m:•:?:i>Y. T71:: �Riii'T;iti5sy at 11 12P January 28, 1982 Loretta Banner, ReeorddrReceptfon zal-W,29 CONDOMINIUM DECLARATION FOR PIONEER PARK CONDOMINIUMS KNOW ALL PERSONS DY THESE PRESEATSj WHEREAS, MARY HEAVER and JOHN F. WEAVER, JR., hereafter called the "Declarants," are the owners of the following described real property situate in the County of Pitkin, State of Coloradol All of Lots K, L, M, N, O, P, Or R and S and all of Lots A, B$ and C EXCEPT the North 10 feet of said Lots A$ B, and C and EXCEPT the East 39 inches of said Lot C, Block 36, CITY AND�TOWNSITE OV ASPEN, PITKIN COUNTY, COLORADO O WHEREAS, Declarants desire to esta sh a condominium project under the Condominium es' rship Act of the State, of Coloradol and WHEREAS, there exists a buil?-1:19nated nd other improve- ments appurtenant thereto on the aboveOB bed property which shall consist of two separately residential condominium apartment fa ts; and 4 WHEREAS, phclarants do hereby establish a plan for the ownership in fee simple of real property estates consisting of the area or space contained in each of the Condominium Units in the building improvement, and the co -ownership, by 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, Declarants do hereby Publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitatibns and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarants, Declarants' heirs, personal repre- sentatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees or assigns. 1. DXPINITIONS: Unless the context shall ex- pressly provide otherwise, the following definitions shall apply$ (a) 'Apartment* or "'Unita shall be inter- changeable herein throughout and mean an individual air space which is contained within the unfinished interior surfaces of the perimeter walls, floors, ceilings, windows and doors of the Dwelling Units in the building as shown on the leap and any amended 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, V. . } . .. ' m1 20 rm,,1446 if any, within a unit. (b) "condominium Unit" means an apart- ment together with the undivided interest in the General and Limited Common Ylements appurtenant to such apartment. (o) "owner" means a person, firm, corpora- tion, partnership, association or other legal entity, or any combination thereof, owning one or more Condominium unitsf the term "Owner" shall not refer to any Mortgagee, as herein defined, unless such Mortgages has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (d) "Mortgage" means any mortgage, deed of trust or other security instrument by which a Condominium Unit or any part thereof is encumbered. (e) "Mortgagee" means any person named as the Mortgagee or beneficiary under any mortgage which encumbers the interest of any Owner. (f) "Common Elements" means: (i) The real property upon which the building is locatedf (ii) The foundation, columns, girders, beams, supports, main malls, roofs, crawlspaces, exterior building surfaces and any 'party wail" as shown on the Hap; (iii) The installations consisting of the equipment and materials making up any central services such as tanks, pumps, motors, power, sewer, light, gas, hot and cold water, heating and, - in general, all apparatus and inetalla- tions existing for common usef (iv) Such partly or entirely enclosed air spaces as are provided for community or common usef (v) All other parts of the Property necessary or convenient to its exis- tence, maintenance and safety or normally in common use. (g) 'General Comon Elements" means those parts of the Common Slebents which are not designated as -Limited Common Elements." 2 � � t .-... ..v r.. . l a� � � i ... ..r,. .1:Y . . n.k V r.. +:a't:3. lit✓b"� q�:•0.+• r.. ��cx420 uc447 (h) "Limited Common Elements" means those parts of the Common Elements reserved for the exclusive use of the Ogners of less than all of the Condominium Units in the building. (i) "Entire Premises," "Premises," "Project" or "Property" means and includes the land, the building, all improvements and structures thereon, and all rights, easements and appur- tenances belonging thereto. (j) "Common Expenses" means and inrllia... (i) All sums lawfully assessed against the General Common Elemental (ii) Expenses of administration and management, maintenance, repair or replacement of the General Common Elemental (iii) Expenses declared common expenses by the Unit Owners. (k) 'Map" means the Condominium map referred to in paragraph 2 below. (1) "Building" means the building improve- ment comprising a part of the property. (m) The title 'Managing Agent" shall refer to the person, firm, or entity which may or shall be selected and appointed by the Owners of the Condominium Units in accordance with the provisions of Paragraph 14 of this Declaration. 2. CONDOMINIUM MAPS Declarants have caused to be filed for record simultaneously with the recordation hereof a Map which they do hereby acknowledge and accept as the Condominium Map of the Pioneer Park Condominiums. In interpreting the Condominium Map the existing physical boundaries of each Unit as constructed shall be conclusively presumed to be its boundaries. Declarants reserve the right to amend the map from time to time, to conform the same to the actual physical location of the constructed improvements and to any changes, modifications, or alterations. 3. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS; The real property is hereby divided into two (2) separate fee simple estates, each such estate consisting of the separately designated units and the undivided interest in and to the gengral common elements appurtenant to each unit as is set forth on the attached Exhibit "A", which by this reference is wade a part hereof. Each unit shall be identified on the Map as shown on Exhibit W. 4. LIMITED COMMON ELEKENTSS A portion of the General Common Elements 1.13 -Wet aside and reserved for the exclusive use of the owners of each Unit respectively, suoh areas being the Limited Comecon Elements. The Limited Common Elements reserved for the exclusive use of the individual owners shall be identified on the map, and shall, without further reference, be the Limited Common Elements associated 3 M In ••44 Y\.s, �. r! 1 :.F.._.!il' � 1 f .flip.: f'1l R.f 5ey\Lt•1rgY fl•;a•f. Far\441.45 M.T 4+l fat:• and used with the Apartment Unit to which each such element is assigned on the Map. All Limited Common Elements shall be used in connection with the particular Apartment Unit to which they are assigned on the Hap, to the exclusion of the use thereof by the Owner(u) of the other Unit except by invitation. All of the owners of condominium units in this condominium project shall have a non--exolusive right in common with all of the other owners to'use of driveways, roads and streets located within the entire condominium project, if any. 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 provision of paragraph 6 of this Declaration. 5. INSEPARABILITY OF A UNIT: Each unit and the undivided interest in the General Common Elements and the Limited Common Elements, if any, appurtenant thereto shall be inseparable and non-partionable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium Unit. 6. MET= of DESCRIPTION: Every contract for the sale of a condominium unit and every other instrument affecting title of a condominium unit may describe that condominium unit by the unit number and building designation shown on the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in the following fashion: condominium Unit, Pioneer Park con- dominium according_ to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book at Page Such description will be construed to describe the unit, together with the appurtenant undivided interest in the common elements, and to incorporate all the rights incident to ownership of a condominium unit and all the limitations on such ownership as described in this Declaration. 7. SEPARATE ASSESSMENT AND TAXATION -NOTICE TO ASSESSOR: Declarants shall give written notice to the . Assessor of Pitkin County, Colorado, of the creation o£ condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessments and taxation. In the event that for a period of time any taxes or assessments are not separately assessed to each unit owner, but are assessed on the property as a whole, then such unit owner shall pay her proportionate share thereof in accordance with her percentage ownership of the general common elements. a. TITL&t A condominium Unit may be held and owned by more tYan'one person as joint tenants, as tenants-in-common, by any legal entity, or in any real property tenancy relationship recognized under the laws of Colorado. �.' ..o , . . . Ta`• "'t Vdnr>.:41:wra:�w a:rlt'x�,o. r_ -r!•%•+ .••,-.-:!-�" . • .n•1,•r•.:v.�t,a., ra,+. t.. r.r ...naa-•a•..�a„.., a„i=? 11. USE AND OCCUPAHCYt Each Condominium Unit f•' shall be used and occupied solely for residential purposes only, and except as provided in this paragraph, no trade or business of any kind may be carried on therein. Subject to applicable governmental land use regulations, the lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. 12. EASEMENTS FOR ENCROACHMENTS: If any portion of the General Common Elements now or hereafter encroaches upon an Apartment, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and .,f• does exist. If any portion of an Apartment now or hereafter encroaches upon the General Common Elements or upon the adjoining Apartment, a valid easement for the encroachment ” and for the maintenance of same, so long as it stands, shall Lj and does exist:. For title or other purposes, such encroachment :r and easements shall not be considered or determined to be t u'= encumbrances either on the General Common Elements or the Apartments. The foregoing shall apply, as well, in the t%` ts• event of the partial or total destruction of the building, ' either of the units or other improvements comprising all or '=•;: a part of the general common elements and the subsequent rebuilding or reconstruction thereof. 13. TERMINATION OF MECHANIC'S LIEN RIGHTS AND +"•`e INDEMNIFICATION: No labor performed or materials furnished i1Ya' and incorporated in an Apartment with the consent or at the *F' request of the Owner thereof or his agent or his contractor 2 . P or subcontractor shall be the basis for the filing of a lien against the Apartment of any other owner not expressly consenting to or requesting the same, or against the General ��.•,��= Coxsmon Elements owned by such other Owners. Each owner V. shall indemnify and hold harmless each of the other Owners � from and against all liability arising from the claim of any lien against the apartment of any other Owner or against the General Common Elements for construction performed or for +� labor, materials, services, or other products incorporated ANA, in or otherwise attributable to the owner's Apart*ent at �,� such owner's request. Notwithstanding the foregoing, any 3 mortgagee of a condominium unit who shall become an owner of �:• a condominium unit by deed in lieu of foreclosure shall not be under any obligation to indemnify and hold harmless any •-•f�•�! other owner against liability for claims arising prior to _i&ix. the date such mortgagee becomes an owner. 9. NON- PARTITIOHABILITY OF GENERAL COMMON ELEMENTSt The General Common Elements shall be awned in common by all of the Owners of the Apartment Units and shall remain undivided, and no Owner shall bring any action for partition or division of the General Common Elements. Nothing contained herein shall be construed as a limitation "•'' to the right of equitable partition of a Condominium Unit between the Owners thereof, but such partition shall not affect any other Condominium Unit. f',.•..4• 14. USE OF UNITS) GENERAL AND LIMITED COMMON w,si ELEMENTS: Each Owner shall be entitled to exclusive owner- ship and possession of his Apartment. 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(e). a„i=? 11. USE AND OCCUPAHCYt Each Condominium Unit f•' shall be used and occupied solely for residential purposes only, and except as provided in this paragraph, no trade or business of any kind may be carried on therein. Subject to applicable governmental land use regulations, the lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. 12. EASEMENTS FOR ENCROACHMENTS: If any portion of the General Common Elements now or hereafter encroaches upon an Apartment, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and .,f• does exist. If any portion of an Apartment now or hereafter encroaches upon the General Common Elements or upon the adjoining Apartment, a valid easement for the encroachment ” and for the maintenance of same, so long as it stands, shall Lj and does exist:. For title or other purposes, such encroachment :r and easements shall not be considered or determined to be t u'= encumbrances either on the General Common Elements or the Apartments. The foregoing shall apply, as well, in the t%` ts• event of the partial or total destruction of the building, ' either of the units or other improvements comprising all or '=•;: a part of the general common elements and the subsequent rebuilding or reconstruction thereof. 13. TERMINATION OF MECHANIC'S LIEN RIGHTS AND +"•`e INDEMNIFICATION: No labor performed or materials furnished i1Ya' and incorporated in an Apartment with the consent or at the *F' request of the Owner thereof or his agent or his contractor 2 . P or subcontractor shall be the basis for the filing of a lien against the Apartment of any other owner not expressly consenting to or requesting the same, or against the General ��.•,��= Coxsmon Elements owned by such other Owners. Each owner V. shall indemnify and hold harmless each of the other Owners � from and against all liability arising from the claim of any lien against the apartment of any other Owner or against the General Common Elements for construction performed or for +� labor, materials, services, or other products incorporated ANA, in or otherwise attributable to the owner's Apart*ent at �,� such owner's request. Notwithstanding the foregoing, any 3 mortgagee of a condominium unit who shall become an owner of �:• a condominium unit by deed in lieu of foreclosure shall not be under any obligation to indemnify and hold harmless any •-•f�•�! other owner against liability for claims arising prior to _i&ix. the date such mortgagee becomes an owner. I% M +-..\.Y^+ L+ 1l Lr. v. ,.r .l ..c.. ...\ \ .11 t .. rrs.. ,l:.l :.lh A... .r.� i.ak•\4•l•M\4N• no.420 fm,450 14. ADMINISTRATION AND MANAGEMENTS Each Owner shall manage his own Unit and share management of the general common elements co -equally with the other owner, unless the Owners of both Units agree in writing upon the appointment of a Managing Agent to administer both units and the common elements. 15. RESERVATION FOR ACCESS - MAINTENANCE REPAIR AHD EMERGENCIE3e The Owners shall have the rrevo- cable z ght to have access to each Apartment or the Limited Common Elements appurtenant thereto 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 thereon or accessible therefrom Or for making emergency repairs therein necessary to prevent damage to the General or Limited Comm= Elements or to another Apartment. Damage to any part of a Unit resulting from maintenance, repair, emergency repair or replacement of any of the General Common Elements or as a result of emergency repairs within another Unit of an Owner at the instance of another owner shall be a Common Expense of all of the Ownersl 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. 16. OWNER'S MAINTENANCE RESPONSIBILITY. For purposes of maintenance, repair, alteration and remodeling an owner shall be responsible for all surfaces (i.e., exterior, interior, structural and nonstructural) physically serving or connected with his unit and all utility systems (e.g., pipes, wires, conduits) commencing at the paint Where any of such systems depart an area of common usage or an area of usage restricted to the other unit and begin in the direction of his unit. All surfaces jointly serving both units such as common walls, and all utility systems in any area of common usage shall be maintained repaired+ altered or remodeled jointly by the owners pro rata according to each owner's fractional interest in the General Common Elements. Each owner shall indemnify and hold the other forever harmless from and against any and all loss or damage of whatsoever nature occasioned in the performance of his respective obligation of maintenance and repair, or in his failure to perform, and in the alteration or remodeling of any areas for which he is responsible as herein provided. No repair, alteration, remodeling or maintenance thereof shall modify the appearance or color scheme of the exterior improvements as they may exist from time to time by agreement of both of the Owners, without the written consent of both of the Owners. she right to repair, alter and remodel shall carry with it the obligation to replace any finishing materials removed with similar or other types or kinds of finishing materials of equal or better quality, and to maintain the exclusivee use area in neat and clean condition. An owner shall maintain and keep the interior, together with exterior surfaces and other non -interior areas for which he is respon- sible as provided above in this paragraph 16, of his own Unit and the Limited Common Elements appurtenant thereto in good taste and repair, including the fixtures thereof. Maintenance or repairs to any limited common elements shall be at the expense of the owners) having the exclusive use of the particular limited Common Elements. 17. COMPLIANCE WITH PROVISIONS OF DECLARATIOHS Rauh Owner shall comply strictly- with the provisions of this 0 4:.?:• i,♦[;:. .:... ... . r._... . O..S:.. . +z.:h ...: W. ;ie% WrA3!':•..': Sclv�'f ').`.'-�:=):.:..•H:t'v. .� Declaration and 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 ralief or both, maintainable by the Managing Agent, by an aggrieved Owner, or assessable as though common Expenses* in the event of any such action, the prevailing party shall be entitled to reasonable attorneys* fees. 18. REVOCATION OR AMENDMENT TO DECLARATION'& This Declaration shall not be revoked nor shall any of the provisions herein be amended unless the Owners of both Units, and all of the holders of any recorded first mortgage or deed of trust covering or affecting any or all Condominium Units consent and agree to such revocation or amendment by instru- ment s) which shall be duly recorded. 19, ASSESSMENT FOR COMMON EXPENSES& All Owners shall be obligated to pay the assessments imposed by the peclaration by the Owners or Managing Agent, as the case may be, to meet the Common Expenses which shall be necessary to keep the project in good and attractive condition. The assessments shall be made pro rata according to each owner's fractional interest in the General Common Elements. Assess- ments for the estimated Common Expenses shall he due monthly in advance on the first day of each month, or on the first day of such other period as the Owners may agree or, as the case may be, the Managing Agent shall determine. The Managing Agent or other owner incurring the cost shall prepare and deliver or mail to each Owner an itemized monthly statement showing the various estimated or actual expenses for which the assessments are made. Contribution for monthly assessments shall be prorated if the ownership of a Condominium unit commences on a day other than the first day of a month. Assessments for the reasonable actual common expenses may be made by the Managing Agent, or Owner incurring the same, among other things for .the followings expenses of management; taxes and special assessments, until separately assessed; landscaping and care of grounds which are general common elements= common lighting and heating; repairs and renovations of General Common Elemental common garbage collections; legal and accounting feest 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 General Common Elements. The omission or failure of the owners or Managing Agent to fix the assessment for any period shall not be deemed a waiver, modification or a release of the owners from their obliga- tion to pay. No improvements shall be made to the common elements Without the prior written consent of both of the Owners. 20. INSURANCES Each Owner shall obtain fire and structural casualty insurance covering his respective unit (including for the interest in the Common Elements thereto appurtenant) in amounts no less than the total aggregate eneu&abrances upon the subject Unit or replacement cost, whichever is greater. Each owner shall be individually responsible for maintaining liability insurance in an amount sufficient to protect said Owner in the event of personal injury on the common areas resulting from failure to repair or maintain such areas. In the event negligence on such m .r .... =1:.....r.. .a.r—.... r .. . . •r... .._ ._...,.,:��: n.:'v..•.-r. n.4:4,_.:f:�.�� 4:�Y,4?d �,ts452 common area is solely attributable to one Owner, the other party shall not be liable for contribution. 21, OWNERsS PERSONAL OELXGATION FOR PAYMENT OF ASSESSMENTSs T e amount of the Common Expenses assessed against: or incurred on account of each Condominium Unit shall be the personal and individual debt of the owner thereof. Suit to recover a money judgment for unpaid common expenses shall be maintainable by the Managing Agent,`or any aggrieved Owner, without foreclosing or waiving any lien securing same. 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. , 22, LIEN FOR NONPAYMENT OF COMMON EXPENSESs All sums due but unpaid for the share of Common Expenses chargeable to any Condominium Unit, including interest thereon at eighteen percent (18%) per annum, from a date thirty (30) days after said sums have been assessed, shall constitute a lien on such unit superior (prior) to all other liens and encumbrances excepts (a) Tax and special assessment liens on i}°`•, the Unit in favor of any governmental assessing entityt (b) All sums unpaid on a first mortgage 3�t. or first deed of trust of record, including =� all unpaid obligatory sums as may be pro-'-.- vided by such encumbrance, including addi- ~ tional, advances, refinance or extension ! of these obligations made thereon prior to the arising of such'a lien. To evidence -such lien the aggrieved Owner or Managing Agent may, but -shall not be required to, prepare a written notice setting forth the amount of such unpaid, indebtedness, thet <, 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 t and Recorder of the County of Pitkin, State of 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 Y<' the aggrieved Owner or the Managing Agent in like manner as a mortgage or deed of trust on real property upon recording of a notice or claim thereof. in any such foreclosure, the defaulting owner shall be required to pay the costa and expenses of such proceedings, the casts and expenses for filing the notice or claim of lien and all reasonable attorneys' fees incurred in enforcement of the lien claim. 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 same. The amount of the Common expenses. chargeable against each Condominium Unit and the costs and expenses, Including attorneys' fees, of collecting the same shall also be a debt of the Owner thereof at the time the same is.due. Any mortgagee' holding a lien on a Condominium Unit may pay any unpaid Common Expense payable with respect to such Unit, and upon such payment such mortgagee shall have a lien on such Unit for the amounts paid of the same priority as the lien of such paying mortgagee's encumbrance. �:l ._A420 ;: A53 I 2 21. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF CONDOMINIUM UNITI Upon the written request of any Owner or of any Mortgagee or prospective Mortgagee of a Condominium Unit, the Managing Agent or the Owner of the other Unit shall issue a written statement of facts known thereby, expressly or constructively, 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 such assessment becomes due, and any credit for advance payments or from prepaid items, Whioh shall be conclusive upon the issuer of such statement in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness is furnished within fifteen days, all unpaid Common Expenses which become due prior to the date of making such request shall be subordinate to the lien of the mortgagee requesting such statement. The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his propor- tionate share of the Common Expenses 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 written request, any prospective grantee shall be entitled to a statement from the Managing Agent or Owner of the other Unit of facts known to him, expressly or constructively, setting forth the amount of the unpaid assessments, if any, with resp6ot to the subject Unit, the amount of the current monthly assessment and the date that such assessment becomes due, and any credit for advance payments or for prepaid items, which shall be conclusive upon the issuer of such statements. Unless such request for a statement of indebted- ness shall be complied with within fifteen (15) days of such request, then such grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for any unpaid assessments against the subject Unit. 24. MORTGAGING A CONDOMINIUM UNIT - PRIORITY% Any 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 priority under applicable law. The Owner of a Condomominium unit may create junior mortgages on the following cbnditions: (i) any such junior mortgages shall always be subordinate to all of the terns, obligatons, liens for common expanses, and other obligations created by this Declaration= (ii) the Mortgagee under any junior mortgage shall release, for the purpose of restoration 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 which insurance policies were effected and placed upon the mortgaged premises by the Managing Agent or other Owner. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Managing Agent or the Owner or either of them. 25. RIGHT OF FIRST REFUSAL BY OWNERS} In the event any Owner of a Condominium Unit, other than the Declarants, shall wish to sell or lease the same for a term longer than one (1) year, and shall have received a bona fide offer therefor from a prospective purchaser or tenant, the selling or leasing owner shall give written notice thereof to the remaining Owner together with a copy of such offer and the terms thereof. The remaining owner shall have the 'right to 9 ,A w.a.. x,c r� .14+.rr J/ �♦..'.k:., ;t. l' .. ' .. ... :ti t•6.. y! 4a.St,sr.1.•!,'�:,-., ^.:'',!: il:r�_51!tt Al:. .:... .a-%420 , 454 purchase or lease the subject unit upon the same terms and conditions as set forth in the offer therefor# provided written notice of such election to purchase or lease is given to the selling or leasing owner, or his agent, together with a matching downpayment or deposit during the twenty (20) day period immediately following the receipt of the notice of the offer to purchase or lease. The right of first refusal herein provided shall not apply to leases or subleases having a term of less than one year and one day. in the event any Owner shall attempt to sell or lease his condominium unit without affording to the other owner the right of first refusal herein provided, such sale or lease shall be voidable and may be voided by a certificate of noncompliance by the Managing Agent or aggrieved owner duly recorded in the recording office where the Declaration is recorded. However, in the event the Managing Agent or aggrieved Owner has not recorded such a certificate of noncompliance within one year from the date of recording in the case of a deed delivered in violation of this paragraph and within one year from the date of possession under a lease executed in violation of this paragraph, such a conveyance shall be conclusively deemed to have been made in compliance with this paragraph and no longer voidable. The subleasing or subrentirg of an apartment shall be subject to the same limitations as are applicable to the leasing or renting thereof. The liability of the Owner under these covenants shall continue, notwithstanding the fact that he may have leased or rented said interest as provided herein. In no case shall the right of first refusal reserved herein affect the right of an Owner to subject his condominium Unit to a trust deed, mortgage or other security instrument. The right of first refusal, as provided herein, shall extend and run for the life of declarants and the survivor of them, plus twenty-one years. 26. R)MMPTXOH FROM RIGHT OF FIRST REFUSAL. In the event of any default on the part of any Owner under any first mortgage which entitles the holder thereof to foreclose same, any sale under such foreclosure, including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of paragraph 25, and the purchaser, or grantee under such deed in lieu of foreclosure, of such Condominium unit shall be thereupon and thereafter subject to the provisions of this Declaration. i£ the purchaser following such foreclosure sale, or grantee under deed given in lieu of such foreclosure, shall be the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter sell and convey the condominium Unit free and ciear.of the provisions of paragraph 25, but its grantee shall thereupon and thereafter be subject to all of the provisions thereof. The following transfers are also exempt from the provisions of paragraph 25s (a) Transfer by operation of law of a deceased joint tenant's interest to the surviving joint tenant(s)= (b) Transfer of a deceased's interest to devisee or devisees by will or his heirs at law under intestacy lawef (o) Transfer of an Owner's interest by treasurer's deed pursuant to a sale for la delinquent taxes; (d) Transfer of all or any part of a partner's interest as a result of withdrawal, death or otherwise, to the remaining part- ners carrying on the partnership business and/or bona fide transfers to a person or persona becoming partnerat a transfer of all or part of a partner's or partners' interests between one or more partners and/or to persons becoming partners; (e) Transfer of a corporation's interest to the persons formerly owning the stock of the corporation as a result of a dis- solution. A transfer to the resulting entity following a corporate merger or consolidation; provided, however, that at least fifty percent of the stock of the resulting entity is owned by the stockholders of the corporation formerly owning the Condominium Unit; (f) Transfer by gift; (g) Transfer by an Owner to a member of his family, including blood relatives, children, step -children and adopted chil- dren. 27. CERTIFICATE OF COMPLIANCE RIGHT OF FIRST REFUSAL. upon written request of any prospect ve transferee, p`u'rcf-aser, tenant or an existing or prospective mortgagee of any Condominium Unit, the Managing Agent or Owner of the other Unit shall forthwith, or where time is specified, at the end of the time, issue a written and acknowledged certi- ficate in recordable form, evidencing: (a) With respect to a proposed lease or sale under paragraph 25 that proper notice was given by the selling or leasing Owner and that the remaining Owners did not elect to exercise their option to purchase or lease; (b) With respect to a deed to a first Mortgagee or its nominee in lieu of foreclosure, and a deed from such first Mortgagee or its nominee, pursuant to paragraph 26, that the deeds were in fact given in lieu of foreclosure and were not subject to the provisions of paragraph 25; (c) With respect to any contemplated trans- fer which is not in fact a sale or lease, that the transfer will not be subject to the provisions of paragraph 25. Such a certificate shall be conclusive evidence of the facts contained therein. 28. DESTRUCTION OF PREMISES: Damage or destruction of the premises as a result of fire or other casualty shall be governed by the following provisions: 11 w...tY• Yu I\♦ti. �': .�: ..1 :.C... ... \ \ • i••+L \_..,Oi \•..�.:\�.•7rT•iu.:.s .. �r-..+1: a.iJY•�v.••It gni\.• tzA4 0 i.l;:4r,s (a) In the event of damage or destruc- tion due to fire or other disaster, the insurance proceeds, if sufficient to re- construct the residence, shall be promptly applied by the Owner(s) to such recon- struction; (b) If the insurance proceeds are insuf- ficient to repair and reconstruct the residence, the owner or owners whose unit(s) have been damaged shall be free to determine whether to repair or recon-- struot their respective unit(s). In the event it is determined not to repair or reconstruct, the damaged portion shall not be left in an untidy or visually detracting state. 29. PERSONAL PROPERTY FOR COMMON USEt The Managing Agent or any Owner may, with the prior written consent of the other Owner, acquire and hold for the use and benefit of all Owners, real, tangible and intangible personal property and may dispose of the same by sale or otherwise, and the beneficial interest in any such property shall be owned by the Condominium Owners in the same proportion as their respective interests in the General Common Elements and shall not be transferrable except in connection with a sale or transfer of a condominium unit, and title thereto shall be deemed to have passed along with title to the unit transferred, without any reference thereto. Each Owner may use such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of the other Owner. 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. MAILING OF HOTICESt Each Owner shall regis- ter his mailing addresa w th the other Owner or Managing Agent and all notices or demands intended to be served upon any owner shall be either hand delivered or 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 or the Managing Agent shall be given by registered or certified wail, postage prepaid, to the registered address thereof. All notices or demands to be served on Mortgagees pursuant hereto 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 or Managing Agent in writing, or any address appearing in the recorded mortgage or deed of trust. Any notice referred to in this Section shall be deemed given when actually delivered or when deposited in the mails in the form provided for in this Section. 31. PERIOD OF CONDOMINIUM OWNERSHIP: The separate condominium estates created by the Declaration and the Map shall continue until this Declaration is revoked in the manner and as is provided in paragraph 18 of this Declaration. 12 I llea�e-+,r/u♦ .1.t�.. .1.\ \ e)1.�1'C=r: tir LL3\t\�sYTi l:�': a.x .v�fn44.f�1r+y 1L21 )v ew, 420 t:<<F 457 32, GENERALt (a) If any of the provisions of this Dec- laration or any paragraph, sentence, clause, phrase or word or the applica- tion thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration) (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 pro- visions of lawn (c) Whenever used herein, unless the con- text shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. IH WITNESS WHEREOF, Decla;r�an��t"shave duly executed this Declaration this � day of weer &ice , 1481. MARY WEAVER OHN F.WEAVBR, STATE OF COLORADO ) as. COUNTY OF PIThIN ) go forego' g instrument was w-iknowledged before me this lb - day of MMk&__, , ly$l, by NARY WEAVER and JUM F. W&AVBR, JR. WITNESS my hand and official seal. ._Hy coaemiesion expiress3/1�:3 'Idy address is; �p�rcis F,)C9�OF� otary G {i r 13 wcaVO ,x..-458 )ENTAGE OWNERSHIP INTEREST IN COMMON ELNTS 1 . . . 908 2 108 "A" TO CONDOMINIUM AECIAMTION t PIONEER PARI( CONDOMINIUMS ' � S c NOW, THEREFORE, DECLARANT8 013BHIT THE POLLOWINat 1. The fallowing legal description was the true and correct legal description of the real prop6rty which Dealarants originally intended to be made subject to the establishment of the Pioneer Park condominium project under the Condominium Ownership Act of the state of Colorado: 2 MR .n. ftYR-;y 0� 4114 S725 10116,192 09,35 ReC $20.00 K P(3 600 pitki � C4ty Clerk, Dn"a s691 .00 AMF,'NDRENT TO COMKINXDH 1)ECLA"TX01f FOR PIONEER PARK CONMHINiuxs KNOW ALL PER910NS By Tacer PaErENTS1 WHERRUt MARY WEAVER and JOHN p, WEAVER, JR. (hereinafter "Declarant -a") caused to be recorded (a) a Condominium Declaration for Pioneer Park Condominium$ (the "Declarationll) on Januar 28, 1582 in Book 420 at Page 445 under Reception ITO. 2386291 and (b) a condominium Map (the "Condominium Mapi) on *Von date ,far i therewith in plat Book 12 at Page 57 Under Reception No. 238627 in the real property records of the Pitkin County, Colorado Clerk and Recorder, The Declaration and Condominium Map contained recitals that Doolarants claimed ownership of and a desire to condominiumize certain real Property situated in the County of Pitkin, State Colorado, of legally described as follows; All of Lots X, L, H, N, 0, P, Q, R and s and all Of Lots At B and C except the east 39 Inches Of said Lot 0, BLOCK 36, CITY AND TOWUSXTE OF ASPEN WHEREAS, the above legal description was incorrect at the time the Declaration and condominium Map Were recorded. WUNREAS, On August 24, 1987 Declarants oaused to be recorded the Amended Weaver Subdivision Exemption Map "AmendedW (the e ver SUbdivisi6n") in Plat Book 20 at Page I Under Reception No. 292214 which, among other things, superseded the plat of the Weaver Subdivision Exemption Map (the "WeaVer Subdivision',) recorded on January 28, 1982 in Plat Book 12 at Page 57 under Reception No. 238627 and redefined the boundaries of the real Property which comprised the Pioneer Park Condominiums such that the easternmost 6,000 square feet of Lot 1, Weaver Subdivision, originally known Lots as P and Q, Block 36, CITY AND TOWNSITLI OF ASPEN, COLORADO, beouxe part of Lot 2, Amended Weaver subdi -vision, WHEREAS, Declarants are the sole owners of the real property described on Exhibit "A" attached hereto and made a P4tt hereof, and Declarants are desirous of modifying and amending the legal description of the lands covered by the Declaration and the Condominium map. NOW, THEREFORE, DECLARANT8 013BHIT THE POLLOWINat 1. The fallowing legal description was the true and correct legal description of the real prop6rty which Dealarants originally intended to be made subject to the establishment of the Pioneer Park condominium project under the Condominium Ownership Act of the state of Colorado: 2 MR .n. ftYR-;y i M 0349725 10/1b/92 09;55 Rec $20.00 BK 691 PG 601 r Silvia Davis, Pitkin City Cliaek, Dac $.00 All of Lots K, L, M, N, o, P, and Q and all of Lots A, B and C, EXCEPT the North 70 feet of said Lots A, B, and C, AND EXCEPT the east 39 inches of Lot C, BLOCK 36, CITY AND TOWNSITE OF ASPEN, COLORADO, Also known as Lot 1, WEAVER SUBDIVISION EXEMPTION PLAT, according to the Plat thereof recorded January 28, 1982 in Plat Book 12 at Page 58 under Reception No. 238632. 2. It was and is the express, stated intention of the Declarants that the Declaration and the Condominium Map have no effect on either Lot 2, Weaver Subdivision, or on Lot 2, Amended Weaver subdivision, To the extent the Declaration or the Condominium Map may be considered to apply to or affect the use and enjoyment of Lot 2, Weaver Subdivision or Lot 2, Amerded Weaver Subdivision, Declarants hereby revoke the Declaration and Condorsiniun Map but only as they maapply to or affect the use and enjoyment of Lot 2, Weaver Subdivision vision or Lot 2, Amended Weaver Subdivision. 3. Except as modified, amen$ad and partially revoked as expressly set forth herein, the Declaration and the Condominium Map are hereby reaffirmed and deemed to Ae in full force and effect. IN ITN280 NUERSOP, Declarants have exec•ited this instrument this11 day of October, 1992. 2 DECLARAN', S: �-LI 4 i QC -WIC I Mary Weaver PAC d n F. Weaver, ZT. Commonwealth. L Land Title Insurance Company FXHIBIT A LOTS I AND 2, AMENDED WEAVER SUBDIVISION, according to the Amended Plat of Weaver Subdivisica, recorded in Plat Book 20 at Page 1, NOTE li LOT 1, WEAVER SUBDIVISION EXEMPTION PLAT WAS REpLATTED As PIONEER PARK CONDOMINIUMS, according to the Plat thereof recorded _Wg aanuary 28, 1906 in Plat Book 12 at Page 57 and as defined and described in the COIIdOluluium DecIdz7utiOA for Pioneer Park Condominiums recorded in Book 420 at Page 445. NOTE 2: THE ABOVE PARCELS ARE ALSO KNOWN AS LOTS A, B AND C, EXCEPT THE NORTH 70 VEET OF SAID LOTS A, B AND C AND EXCEPT THE EAST 39` INCHES OF SAID LOT C, BLOCK $6, CITY AND TOWNSITE OF ASPEN AND ALL OF LOTS K, L, M, N, 01 P, Q, R ANDS BLOCK 36, CITY AND TOWNSITE OF ASPEN.spfl COUNTY OF PITKIN, STATE OF COLORADO. M., 0:349728 10/16/92 09., Sts Rec $20-00 r'K 671 PC, 60:3 Silvia Davis, Pitkin CntY . Clerkt Doc s.Oo Vi�i��': 4F N Yi T- ".4 •,S_ �?' # e�. �4 `> _ a'4; ��i • . Int}, 4N4", o` Vol J $ €° =� l§� 3 CRSL Tyk � V � c WE O e uI v SB381S—•HINno Wit 7 w a,. 'S y� Y `ti it �t a a.';'f.�ii'f . J; 90" 0-i .�. �t a a.';'f.�ii'f . J; 90" 0-i .�. 0 �. 0349728 LO/16/92 09f57 Ret: $10.00 9K 691 PS 611 u. a SilYia Davxss pikicln Cnky Clerks Dot: $237.00 rte:—�.:_c—_-------• �-—.�._.___-__ .. � ._. _ . _ _.._ ); IVARRANTY DECD W r va' RECORDER'S STAMP THIS DEED,madclhis 15th dayuf October •1992 hctwLcn John F. Weaver, Jr, and Mary 'Weaver of tho "County of Pitkin and State of Colorado, gmmor(s). and Arthur H. Stromberg and Fredna C. Stromberg whosolcgalzddrrssk 1,rS Bridge -Road, Hillsborough, CA 9461b of the County of Pitkin and State of Colorado, Fiancees: WiiNESS,thatlhegin;o{s)•ferandinmdsidatat)onoftt sumaf Ton Dollars and other good and valuable consideration /PP4P* tho mccipt and sufficiency of which is hereby acknowledged, ha ve granted, bargained. sold add conwtyvd, and by these present.. do grant,bargain,sell, comtc•and confirmunwthe grrr.:ccs,th;irheitsandassifinsforeter,not Intenancy incontinental In joint (ori, all the real property together with Improw mems. Irony. situate, lying and being in the - County of Pitkin and Sfax of Colorado, d,.cribed a: follows: See .:xhibit A attached hereto and incorporated herein by reference. Also known byiuectAnd number as 442 West Sleeker, Aspen, Colorado T05 MER wide all and singular the hereditaments and appu treantts thereunto bolooging. or in anywLe appertain ng, tee m-ersion and rewersions. rcrtta)nderand remainders, rents. issue., and prubtsthereoi: and all the e,.tate, right, lithe, and demand whateoorrrof tho grantor(s), either In law or equity; of, in and to the obmn bargained prcmisrs. with the ficreditenwi is and appertenanas, TO HAVE AND TO MOLD the said premistsabow bargained and dascribcd, with the appurtenances, unto the grantees. Ihcir heirs and assigns fortmr. And the gra»ror(sl, for themselves, their hairs and personal mpasentatisys do Mwenant, grant, bargain and agree to and with the grantees, their heirs and auigm. that at the tlma of the ensoaling and daliwt:ry of thcx presents they are wvilsalzedofthepremtsrsabaveMm yed.have Food. Mo. perfat.absolu>`and indefeasibiceslMe ofidhcriradee,fit law, lei Nosimpte•andbaveFord right. Nil pit orandlawfulauthoritytogrant.bargain•sollandcomaythosatneln manner and toms aforraald. and that the same, ora free and clear from ail farntrr and other grants, bargains, sales. liens, cores. assessments,tacumbremAnd testricilotuofwbativLt9thAornature sP;,vr.excePtvaservatIon a, covenants,righ of way and ex0agions e€ record, except the eneroachirents shown on the Plat of th Amended Weaver Subdivision recorded August 24 1987 in Plat Book 20 at Page 1, ex the terms end conditions of the Encroachment;igreemont recorded 0� October The grantods) shall and will WARRANT AND FOREVER DEFEND -h abotp oargalrted premises In the quiet and p,—o&,,' possos<.son ofiheranters• heir ice altd a;ii s, aga use ll and rover p ,soacrP:rsdm lawfully cia ming tawhaloor nny part ihereeL * in E�C at ag and xtgt: the 1992 real property taxes payable 93 an n IN WITNFSS WHEREOP the grantur(s) ha ve executed rah sdwd on the date set forth above. 0,z Air o n Weaver, JY_ IL UA L, v.I4: n *!41 Mary Heaver STATE OF COLORADO v. ""h ., County or Pitkin iL Ttefaega If ranxntw�saek,xrledgrdvrurdor this 15th daYof October • 1992 f 1{�c)iattttfF. �{eaver, Jr. and Mary cleaver. L+ y cog ml cion rxp ms AIPJ 19 iRitnem my Livid and officio, wnl. I�'•, •�j Cat' xa«, nz. l iI iI ' It to Demin irccn-City axl_' D-dglntt]s-tras,cxss i Nn. 92i. Rn:�•8G. w:tRn�?71'rtF]7nta ktct'k..:nt.} 4q1 amdkrd Patl$trng t7a1 twixr Ft, lkn•cr. CP Ft+_d; {M31:4: lsdo — I;AI El vvaa as sivac G[111.11® Land miUe InsVY:lrai ce Company EXHIBIT A LATS I AND 2, AMENDED WEAVER SUBDIVISION, according to the Amended Plat of Weaver Subdivision, recorded in Plat Book 20 at Page 1. NOTE It LOT 1, WEAVER SUBDIVISION EXEMPTION PLAT WAS REPLATM AS PIONEER PARK CONL'OMTNIUMS, according to the Plat thereof recorded January 28, 1986 in Plat Book 12 at Page 57 and as defined and described in the Condominium Declaration for Pioneer Park Condominiums recorded in Book 420 at Page 445, NOTE 2; THE ABOVE PARCELS ARE ALSO KNOVM AS LOTS A, B AND C, EXCEPT THE NORTH 70 FEET OF SAID LOTS A, B AND C ANb EXCEPT THE EAST 39 INCHES OF SAID LOT C, BLACK 36, CITY AND TOWNSITE OF ASPEN AND ALL OF LOTS K, L, td, N, 0, P, Qr R AND S, BLOCK 36, CITY AND TOWN, ITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. 0349728 10/16/92 09:57 Rea $10.00 RK 691 PG 612 Silvia Davis, Pitkin Cnty Clark, Doc $237.40 ONeill s�aY -:3'v - '"i r . ~.iii •:.:"?.:i" j, • F. #354400 02/26/93 16:16 Rec 425.00 Br,, 704 PG 765 Silvia Davis, Pitkin Cnty Clerk, Doc 4.00 DECLARATION OR COVENANTS. CONDITIONS AND RESTRICTIONS THIS DEOLARATioN is made and entered into this �?S'aday of February, 1993, by ARTHUR H. STROHEERG and FREDNA C.• STRWBERG, hereinafter referred to as the "Declarants.11 W I'TNg•�S ETHt WHEREAS, the Declarants are all of the owners of the real property situate in the County of Pitkin, State of Colorado, more particularly described as bots R and S, Block 36, City and Townsite of Aspen, also known as Lot 2, Second Amended Weaver Subdivision, according to the plat thereof recorded on {o 1993 in Plat Book ;Vat page J,� under Reception No. -/a<{, County of Pitkin, State of Colorado, popularly known as 400 West Bleek,x Street, Aspen, Colorado 81611 (hereinafter the "Property"). WHEREAS, the Declarants desire to subject and place upon the Property certain covenants, conditions, restrictions, and other charges set forth herein for the purpose of creating and h maintaining said Property as an open space park for the general public and for the purpose of protecting, benefitting, and enhancing the desirability and Value of surrounding properties. WHEREAS, the Declarants hereby declare that all of the. Property shall be hold, sold, and conveyed subject to the following covenants, conditions, restrictions, and other charges set forth herein, which shall run with the Property and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, personal representatives, sucoessors, and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I ESTRICTIONS Section 1. General Plan, It is the intention of the Declarants to oreate and maintain the Property as an "open space park," as defined in Article IV, in order to serve the general public and enhance the vales, desirability, and attractiveness of the surrounding properties. Section 2. Restrictions Imoosed. The Declarants hereby declare that all of the Property shall be held and shall henceforth be sold, conveyed, and used, subject to the following provisions, conditions, limitations, restrictions, agreements, i- aa'• ;,� "s3 t • fi' - rel }�' •':fit - #35440 3 Silvia Davis,14;,16 Rec $3Z,00 BK 704 PS 746 Silvia avis> Pitkin Cnty 01e01,, Doc s.00 and covenants, as well as those contained elsewhere in this Declaration. =') (a) No use shall be made Of the Property Which will in r` any manner violate the statutes, rules, or regulations of any governmental authority having jurisdiction over the Property Including 929.5.3 of Pitkin County Resolution No, 90-93, relating to the prohibitions of sale or conversion of open space or trails, ) No owner -of hshaleect or allow any or -her person orentityetoybuild, make,f�ora erectrany, improvement Whatsoever, inoluding, but not limited to, any structure, building, fence, facility, recreational field, recreational court, fence, path, trail, Walkway, road, watercourse, pond, lake, fountain, swimming facility, playground, rest room, parking lot, or any other encroachment that would alter the Property as it now exists, EXCEPT as provided for in Article IX, section 1. (c) No owner of the Property, entity, or other person, shall use the Property, or any portion thereof, for any use whatsoever, EXC$PT as provided for in Article IV. ARTXCLB Ix I'MITTEA IMPAOVEMENTs Section 1, Limited IfiAFavaments, pursuant to Article I, Section 2(b), no improvements shall be made to the Property, VXCEPT the following: (a) The garden structure Commonly referred to as the gazebo now existing 0.1 the Property shell remain on the Property and the owner of the Property shall maintain the gazebo from time to time as is reasonably necessary to preserve the condition and insure the safe use of such gazebo. one (1) site ) The esignj onef (I)Interprehe Property shall more iveon�ommemorativeplaquen and appropriate landscape elements and park amenities. The owner of the Property shall consult with the owner or owners of Lot 1, second Amended weaver subdivision and the City of Aspen Historic Preservation Commission (the "HPC") on the design of the park amenities described herein. The owner of the property shall maintain the aforementioned amenities from time to time as is reasonably necessary to preserve their condition and insure the safe use thereof. (c) The owner of the Property may plant trees, flowers, grass, hedges, and other such vegetation from time to time so long as such vegetation does not significantly alter the Property as it now exists or alter the use of the property as an "open space park," as defined in Article IV. _ •.�'%�; X15°i : _ - _:r.� _ . <::. - _ _ +x�>ti._ir i = r- y„-, 3 ' eM•��' -" • f r -- - - . T.'• :sit , j � •w�1• ., S�,i`p'Cii�li?s^�lee�..�-xsks =.z••.,....,a.: ,_.1 _..,............ .. ..... __.... �.. � .. .. .... .. •• ..,. ,_ .... 4354400 02/26/93 16116 Rec $25.00 B14 704 P3 767 .__ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ARTME III L UIRED Y P OVElJENTS AND MAINTIVA Section I. Privac fie" . �� Public access to and use of the Property shall not be encouraged and site signs and park amenities shall not be placed or installed on the Property until a wrought iron privacy fence is constructed and installed on the western boundary line of the Property. Such farce shall be approxibately 100 feet in lenatb, net legs than 6 feet high and composed of wrought iron vertical bars or tines separated not more than 6 inches apart. The drawings, plans and specifications of the fence shall be subject to the review and approval of the HPC and the owner of Lot 1, Second Amended Weaver Subdivision, which approval from the owner of Lot i shall not be unreasonably withheld, "• 6 tion 2, Trash Removal/Maintenance. (a) Trash Ramoval, The owner of the Property shall arrange for adequate trash renoval services and general cleanup to keep the Property in a tidy condition With a pleasant appearance. (b) 39aintgnance. The owner of the Property shall be responsible for maintaining the grass, trees, shrubs and other vegetation on the Property in a condition substantially similar to the level of care and maintenance the City of Aspen provides to other City -owned public parks, such as but not limited to, Paepcke Park or Hillyard Park. Care and maintenance shall include:, but not be limited to: (a) irrigating, aerating, fertilizing, seeding, mowing and trimming the grass; (b) irrigating, fertilizing and trimming all trees and shrubs on the Property; and (c) removing and replacing any dead, dying or diseased grass, trees, shrubs or other vegetation. ARTICLE Iv pMITTED M OF THE PRQPER'M The Property shall be used as an "open space park. 11 An "open space park" is an area reserved for "passive use" by the general Apassive ugell is a use that is temporary in nature and is A use that is consistent with the uses of property in the immediate neighborhood of the Property, No use of the Property that will generate a level of noise which violates the City of Aspen noise control ordinances shall be permitted. It is the intention of the Deolarants that use of the Property shall not increase the flow of traffic, both automobile and pedestrian, in the immediate and contiguous area surrounding the Property. Rather, it is the intention of Declarants that the Property shall be utilized by passers-by desiring a place to sit, walk, picnio 3 • �' � .ti1,•t - ..\; 'rig - .. .. :P N tai 1 #354400 02/26/93 16;16 Rec $25.00 BK 704 PO 768 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 and/or enjoy the solitude of the Property for a temporary period, No organized sports shall be played on the Property, ARTICLE V NAME OF THE PARK The name of the Property shall be "The Copeland -Twining Pioneer Park." Any sign constructed or installed on the Property shall refer to the Property by this name. 4 ARTICLE 4I EHFORCEHEHT Section 1. finding Effect, This Declaration will be recorded in the Pitkin County real property records. This Declaration is intended to and shall bind all future owners and other parties having interests in the Property. The covenants, conditions, restrictions and charges described herein shall be deemed to be covenants running with the land and shall serve to burden the Property and benefit Lot 1, Second Amended Weaver subdivision. The covenants, conditions, restrictions and changes described herein shall be amended, modified, or terminated only Upon the express written consent of the owners of Lot 1, Second Amended Weaver Subdivision. Section 2. Attorneys Fega. If any litigation is brought by any person or entity whose property is burdened or benefitted by this Declaration with respect to the enforcement, interpretation or construction of this Declaration, the prevailing party in such action shall be entitled to recover his, her or its reasonable attorneys fees as well as all costs incurred in the prosecution or defense of such action. Section 3. Term, The restrictions, covenants and easements described herein are intended to be permanent in nature and shall remain in full force and effect unless they are amended or revoked by the unanimous written agreement of all property owners Whose properties are benefitted by this Declaration. To the extent any term or provision of this Declaration is determined to be subject to the Rule Against perpetuities, then etch term or provision shall be considered to be effective for a period extending until twenty-one years after the death of the last survivor of the now living descendants of Arthur H. Stromberg or Fredna C. strc,*berg. section 4. Severabi iffy, If any term or provision of this Declaration shall be invalid or unenfordeable, the remainder of the Declaration and the terms and provisions thereof shall not be affected thereby and all other terms and provisions of this 4 r. 1:s,.--. -� - zr.i�.�:'r cS,.iNT,1'S': � >�f�s•1lg:.g6^-s....-tea-• - :•y`�.{•¢ \t :J t 1. #354400 02/26/93 16:14 no, $25.00 A1. bq 704 P6 Silvia Davis, Pitkin C ty Clark, Doc S.Od 7 Declaration shall be valid and enforceable to the full extent Permitted by law, section S. a tions. The headings and oa�tions contained in this Declaration are inserted for the convenience of reference only, and are not to be deemed a part of, nor to be used in construing this Declaration. Section 6. waiver, No failure on the part of any party affected by this Declaration to give notice of default or to exercise or delay in exercising any right or remedy hereunder shall operate as a waiver of the right acv dive notice of such default to exercise any right or remedy hereunder as to the same or any subsequent or difference default. IN HITNs89 WHEREOF, the Declarants have hereunto set their hands as of the day and year first above written. Arthur H, romb44 Fredna gtromberg STATE OF COUNTY OF; ss. iTiFIdI The foregoing was acknowledged before me this 6VA day of 1993, by Arthur H. 3tromberg and Frradna O. Strembar�'� t ` p.100 Witness my hand and official seal, My Commission expires 'Z12Z Notary Publico; r.•1 1:�'Y`.�a r •SY 11� .ro 111aa. i 5 S„ .» _ - . '� 1R a �: t;�: . _ _ .l l; • ' . 1. � __ _ Rncordad tt ... #354401 02/26/93 16;17 Rec $15.00 BK 7WFi3 770 Silvia Davis, Fitkin Cnty Clerk, Doc $400, v—• --•---_--•—=-'WARRANTY DEED —=.—,.__._,-.__...._..._��.__.�.._: i. _) THIS DEEO,hsadttha zV"'x dcyof FEp/N se/t� 3i t9 93. I'm.. ARTHUR H. STRO.r-IBERG and FRED>NA C. STROMBERG of de •Cotnlyof PITKIN Sruo of Co+,crado. grantor, and THE CITY OF A$PEN, a Municipal - 'rm-Nmrienolgmizniand edtuing Ltades and by sirmc °[ the lras of ane Sf::t of COLORADO , grarJar, s.Mst legal addrss is 130 $, Galena Street, Aspen, CO 81611 -F -n - WITNI .45ETH, That tht gr;,aw, for acd in ccrsidentioa of ne sum of FOUR HUNDRED THOUSAND AND NO/100THS ($900,000.00) ------------------------ DOLLARS. ltttteeipt aed suffidtriy ofwiaieh is}dreb)•ukaarlhiged. has gl-W-bug*Wc $04 zed Mw)ed.oral by ah prcunrsdecs grand, i,,,pin, se ll, co nyarxl,mfiirm, Vntg rte grastet. its sicetum mitslgns foniw. all of the reale,npcst): totcttar xilh b-nymrm:nis, ifar): sfrvate, lyingani being in d,t Co°myop PITKIN and Stte of Co'ordo. dexfitod v fotlmn3: an undivided 59,26% interest in and to the real property described on Exhibit "A" attached hereto and made a part hereof, also Haan by sfrset and number a s: a portion of 900 W. Bleekgr Avenue, Aspenr CO 81611 TOGETHER xith -1110 e-Subd the tctcdil4r4n:A avid apptiteagz O tH;ltanto 14WIiag or in anywix appartintng, ani ltt tevcrsion and lttsrfkni. rsntaindtratd naaiddars. rents, isaves and profits Itcmf, orsd all Ibc ealale. nght. silk, inkrcsr, clsim ar-0 dtmandwbatfp5tpe abbe grander. tithsr in fax a egaHy, of, is and 1° She eb0�ae tutgssned)vemtses, with rhe ben�dinrxnts ud appJdamocct, TO HAVE AND TO HOLT) *4 Said premises "vL barpCgdtnd described, with the a<^{eanenan:ts.n^rosh° gnntt<,iuscrcessazs aar3 atugas fomw,AMO. gran ,,brkhractin!tshtirsandpusmatrepra,erasth�-x, deesemsmnt.gray,bargaLirndagrettoaariwishfhegrzntm,itssusrossson aedassigns. shat at I�ettVB df Ust easealtag aM dtl:vYryof these pttseds, ht is well seized of the premixsabose tyasseycd, bsga,.i. rare, prrfect. absofit:? andlrAtRasih,ttstzs O[lalitacet, islra: trt fttsimpk.and lsug�cd r}ghL fdlp°naard faaiclau:hmly InFsanl,tugsn, sett and Nasyy l4anx fnmard araLld krm asakresafd, and thaltha ssmtutfwwd ctcarfro.tafl ft,�aersnd tvbtlgraatt, bugrl rs, salaa.litns, tatts.us°ssmtnts. -eocumbnruxand Rsfdelicss of at�atelti Hud or oatnrssmr, etcept for and Subject t0 the Exceptions t0 Title described on Exhibit B' attached hereto and made a part hereof, Tb.Cgnatorsballan3win 1VARRANPANDFOtiEVFA Db7ENP rhtoknt•bvgaintd ptiralxslnt}.egvSctzutp,-a.eab?e possnsisysefihtgrartet, ', sdaefsnri znd as.lgru, agains[alltndherypasoa nrp:c+ura ta.faFlycTaimngahc whn!t ar.acypartthtreof. TFssizgolarneml>rrshallintkdhaFsp'vrol. the pFuat dro sirguL•>: z•ad ahe ose of any g9ddar StJI he=lWti:a*le w all gernitrs. H. The granter bas tucwed thII decd m tte Ji4FREDINA h abe. RO STROHHERG STATE OF COLORADO. sx. Ccanfya PITKIN J } d Tho fiwglll g im wwrs asp atWh.kJpd 1:4= nrz this 2 '5 1-11 yc� Pt «rte .1993 , by Arthur H. Stomherg and Fredna C, Stromberg, �S)s`o:ttmisNonexpaes �/ Cf/�� . Wi7\FSS my head ando[ficit[spl. l� •i(in lkmtt. inxrr "City aai" Q�, � L i t ...:•-!�iNor .......... No. 952. Rr+:3.45. 15hRRn.Vt1'pCF�sfro S'e� Mrrtx.:rera;.tae Retrrtd Pwa:tN I! �fn`isp. l:5 a:14 A•t. tAcv qV. Cn{r�;;a�.rN7s TC+•W.q i AF . .. 'Vam a KIM,— ViAm, _Y j #354401 02/26/93 16117 RUC 615.00 BK 704 ?G 772 Silvia Davis Pitkin Coty Clerk+ Hoc x.00 ' EXHIBIT IIB! t _t..:_1•_ EXCEPTIONS TO TITLE 1. Reservations and exceptions as set forth in the Deed �. SZY,- IN,,-.,. from the City of Aspen recorded in Book 59 at Page 549 providing as follows: "That ''• no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim '3'iC"airlr. or pot -session held ander existing laWSa. •n 2, Those farms conditions , , provisionsobligations ~` , easements, restrictions, assessments and all matters as set forth in ��:; covenants recorded in Book 420 at Page 443. 3. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium,_a Declaration for Pioneer Park Condominiums recorded in Hook 420 at Page 445 and Amendment thereto recorded October 16, 1992 in Book ��kY_-; 691 at gaga 600. 4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 24, 1987 in Plat Book 20 at Page 1 and on Plat of Pioneer Park Condominiums recorded January 28, 1986 in Plat Hook 16 at Page 67, 5. Terms, conditions, reservations, restrictions, provisions and obligations as set forth in Declaration of Covenants, Restrictions and Conditions for Amended Weaver subdivision recorded in Book $44 at Page 408. 6. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in ordinance No, 7, according to Section 24-9-7 of the Municipal Code of the City of Aspen for Designation of Historic structures for The City of Aspen, recorded March 24, 1982 in Book 423 at Page 985, 7. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Encroachment Agreement recorded October 16, 1992 in Book 691 at Page 604. 8. Reservations, provisions and other matters as set f•-th in Quit Claim Heed recorded October 16, 1992 in Book 691 at , sa 608. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded Sanuary 11, 1993 in Book 700 at Page 170 as Resolution No. 92-227. 10. Terms, conditions, provisions, obligations and all hatters as set forth in Declaration of Covenants, Conditions and Restrictions recorded frb=rU l 1993 in Hook p1 at Page. j='- '•' - -v":1=':- S:c:a:;:.,r .:4+ e _ .moi_.; >tF.:r;Ctii>�s� •,�,.;_ ��:; H ILL F"on W;62;S48 10/22/93 0.91$8 Rec $15.00 BIC , 727 PG 819 R"IPI 811VIL4 Davis. Pitkin Cntv rlgrk. Doc S.00'. NVARRAB TY DEED - THIS DEFD;'bj�'et this Z'I 0 19 93, hetu-en 4 7-: L kUR 14, STROAlSiM Irylay, I the - st,oe of co'.�'30. w, eA THE CITY '�0E-XSPEN,.a �Unidipai 106 S. Calona Street, Aspen, CO SAii", That tha 04t�uit�dvsly and% W, it- bout donsideration CoaEM. V.whe S.Wv. lrsm'04'm UA >01&ls all ofILA =Irmxfty, In-rO& 0h lnpwt.4m, iraAy.siNat". I)inz Ud.. in I,, OM as folly n iihdiVidd8.40.748 ilkerebt in-a4id"tothe real propdrty "'deocribed on.LAhibit;"A",atttLch6(1.he'irejo and made a part hereof, % % r-a.p6ia6n`iV400 West BRGk0ei':AspoIY':C0 611 '..:'!0CETHER wi:l all aadsigplu 04 U'N%hRnw.13xv1 App&lviimmI thn:Wb" *!so a and or 1. sny - tm"tws, toiNel4riM rtml.&n, tern, Issues uAlpivits IEtvDf' AM all the estat., dj1A4 tille. htaVsI.;W'AarJ &MU4'Aiatk�'Vrd LA ;v4nw. thbe r In I a or equity, of, In wd to lite abm bitg2ircd Wew, wab the IP:RPanxV I a ad appurwnti s. -,�Wgalra and dwrio % " ft S.-tec,ils suiv and-assIX6 �YO HAVE a, :. iotntr. AW4 Fraur,lorbimself, Nshtlrs -J jxtxmll Wi'l Ile WW.iUsVwtwM'- . ir-3 m0ps, tius u thf-ohoofftiptull.Il 1- 6 well sd.d of the ft=7ksobmv conwwd.h. god, Mre,l+Weet. IMITA Lit" INV 1�0 the swtift toarzatr4 !ormu arwmWd. god t4lft se*- 11CIINUddeas Isom all Fo" ad lies. mits, acsessmtru, r for and &UbJeot to the ExoetptioVi :to ., 'Title described on Exhibit "B" attached hereto and made a part hereof. zontol shit a- d *ill WARRANjARbIFOREVER DEM D In 1.14 <o; n The siz$pluA amber A91 lr4c* lbepbrt], IN pW. ft siDgul1r. ad ft oto of any ger*r stall t6t W)is IWIQ Pil j4 S�WJIE V, 7 F" Vwor 41 cimW the 6. tot . .: . .' -, . P STATE OF COWP.XDb. County of PITKIN 'TV6 rorwLig j;uLtrutnent UW v*Lwkj_g'-d (arae ow Ims - bi - Arthur H. Strombexg and rrednaL C. 8 ; trorbdrg*. WITNaS my t-roJ -I ah'chl 'U ATTACHMENT NO.4 SISTE FISCHER c/o Avery S. Nelson, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 October , 2015 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 RE: Application for Vacation of Condominium Plat and Declaration for Pioneer Park Condominiums, City of Aspen, State of Colorado, Parcel ID No. 273512480003 Dear Sir/Madam: Please accept this letter as authorization for West End Residence LLC and its legal counsel, Richard Y. Neiley, Jr. and the Neiley Law Firm, LLC, to submit and process a Land Use Application seeking approval of the City of Aspen Planning Director to vacate the Condominium Plat and Declaration for Pioneer Park Condominiums, 422 East Bleeker, Aspen, Colorado 81611. This consent is expressly conditioned on West End Residence LLC or its legal counsel agreeing in writing to be responsible for the payment of all fees and costs associated with the submission and processing of the Application, including the execution and delivery with the Application of the City of Aspen's Agreement to Pay Application Fees form. Siste Fischer, Owner ATTACHMENT NO. 5 PLANNER: Sara Adams, 970.429.2778 DATE: October 8, 2015 PROJECT: 422 E. Bleeker St - Pioneer Park REPRESENTATIVE: Rick Neiley REQUEST: Subdivision - Condominium Plat DESCRIPTION: The subject property is a designated landmark located in the West End neighborhood. 422 E. Bleeker St. contains 2 historic structures and is part of the Weaver Condominiums. The Applicant is interested in vacating the condominium plat associated with Lot 1 of the Weaver Subdivision Plat. The applicant represents that Lot 2 of the Weaver Subdivision Plat (aka Pioneer Park owned by the City) is not party to the Weaver Condominium. Vacating a condo plat is an administrative function. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www. aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%201and%20use%20a pp%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050.A Condominiumization Review by: Staff for complete application Engineering Dept. Planning Fees: $650 - for two hours of Staff Review time. Referral Fees: Engineering -$275 for one hour of review time Total Deposit: $925 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no. older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts ASLU Subdivision 422 E Bleeker - Pioneer Park 1 and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ Written responses to all review criteria (26.480.050.A) ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Two paper copies of the 24"x36" plat ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Upon completion of review, the following items will then need to be submitted: ❑ 2 copies of the plat on 24"x36" Mylar. ❑ Recording fees (to be assessed by the case planner) Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 ATTACHMENT NO.6 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner orAttomeV representing the propertV owner. Name: Property Sste :Fischer Owner ("I'T Email: Phone No.: ( 970) 925-1936 c Address of Property: 422 East Bleeker Street, Aspen, Colorado (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant., This property is subject to a homeowners association or private covenant and the irnprovements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and l understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: n 2`Z I Attorney printed name: Richard Y. Neiley. Jr. Agreement to Pay Application Rn agreement Detween the Gity of Aspen (" Gity") and Property Siste FischerMest End Residence, LLC Phone No.: 970-925-9393 aspenlaw@neileylaw.com Owner ("I"): Email: Address of 422 E. Bleeker Street, Aspen, CO Billing 6800 Highway 82, Suite 1, Property: SpringsPioneer-Park Address: Glenwood S CO 81601 (subject of (send bills here) p g ' application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $.0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. fy $ 275 deposit for 1 hours of Engineering Depa me t staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Prop Owner: r Chris Bendon Richard Y. Neiley, Jr. Community Development Director Name: City Use: -] Title: Attorney for Applicant Fees Due: $ 925 Received: $ January 20 15 City of 1 1 920-5090