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Home My WebLink Aboutlanduse case.AP.805 Cemetery Ln.54A-88Pardee Insubstantial 2735-122-60-001 Amendment to An Approved 54A-88 Plat 5 6" nL I y/ 5 A ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 GMP/CONCEPTUAL 63722 - 47332 GMP/PRELIMINARY 63723 - 47333 GMP/FINAL - 63724 - 47341 SUB/CONCEPTUAL - 63725 - 47342 SUB/PRELIMINARY - 63726 - 47343 SUB/FINAL - 63727 - 47350 ALL 2-STEP APPLICATIONS - 63728 - 47360 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47380 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 HOUSING 00115 - 63730 - 47380 ENGINEERING SUB -TOTAL County -) -7/7 JS 00113 - 63711 - 47431 GMP/GENERAL - 63712 - 47432 GMP/DETAILED - 63713 - 47433 GMP/FINAL - 63714 - 47441 SUB/GENERAL - 63715 - 47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPLICATIONS - 63718 - 47460 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 47480 ENVIRONMENTAL HEALTH 00123 - 63730 47480 HOUSING 00113 - 63731 47480 ENVIRONMENTAL COORD. 00113 - 63732 47480 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 COUNTY CODE - 63062 - 09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000 OTHER SUB -TOTAL Name: // C%Lp O`-,e V /it -eh 'phone: TOTAL Address: G X 7 �S 3 ? F b-5 CI /R Project: { ,. A) n jt7✓9, // �% Check # Date: Additional Billing: # of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9 22 88 PARCEL ID AND CASE NO. DATE COMPLETE: 9 022735-122-60-001 54A-88 STAFF MEMBER- 0 PROJECT NAME: Pardee Insubstantial Amendment to an Approved Plat Project Address: 805 Cemetary Lane Legal Address: Unit A, Horan Condominiums APPLICANT: Lee Pardee Applicant Address: 805 Cemetery Lane REPRESENTATIVE: Pardee Development Representative Address/Phone: P.O. Box 4153 Aspen, 5-8737 PAID: YES NO AMOUNT: $100.00 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: 1 Paid: Insubstantial Amendment or Exemption: 1 Date: REFERRALS: -� City Attorney L City Engineer Mtn. Bell Parks Dept. School District Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Roaring Fork Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: 9/- 7 9 INITIALS: FINAL ROUTING: DATE ROUTED: Z�/- r' INITIAL: City Atty Housing City Engineer Zoning Env. Health Other: FILE STATUS AND LOCATION: • TO: Alan Richman, Planning Director FROM: Cindy Houben ,Planning Office RE: Horan Condominium/Insubstantial Amendment DATE: September 28,1988 Attached is a copy of proposed plans for an addition to Unit A of the Horan Condominiums. The applicant, Lee Pardee, proposes to add two bedrooms to the existing unit. The applicant has adequate on site parking spaces to cover the additional bedrooms. The engineering department requires that the applicants amend the condominium plat after the construction has been completed. The application is consistent with Section 7-1007 of the Land User Code regarding an Insubstantial Amendment to an approved Plat. I recommend that you approve the request with the following conditions of approval: 1. That the applicant submit an adequate plat for recordation pursuant to the code requirements for an amended Condominium Plat for the Horan Condominium to the Engineering Department within 180 days of completion of the construction of the addition. 2. That the Zoning Official verify that the addition is within the allowable FAR for the condominium. Approval for an Insubstantial Amendment for the above proposal pursuant to Section 7-1007 of the Aspen Land Use Regulations. --�- -- -- -------------- Alan Richman, Planning Director • i 1v10ucol C 1,1 iI 1�l TO: City Engineer FROM: Cindy Houben, Planning Office RE: Pardee Insubstantial Amendment to an Approved Plat DATE: September 27, 1988 Attached for your review and comments is an application from Lee Pardee requesting Planning Director approval of an insubstantial amendment to an approved plat. The property is Unit A of the Horan Condominiums. The applicant wishes to construct an addition of 1000 sq. ft. The address is 805 Cemetary Lane. Please review this material and return your comments to me as soon as possible. Thank you. 0 Ms. Cindy Houben City/County Planning Office 130 South Galena St. Aspen, CO 81611 Clear Cindy: REAL ESTATE DEVELOPMENT POST OFFICE BOX 4153 ASPEN, COLORADO 81612 (303) 925-8737 September 20, 1988 This letter is a request for approval of a proposed addition to our residence at 805 Cemetery Lane in Aspen (legal = Unit A, Horan Condominiums). As you know my wife and I are expecting a daughter in January and a necessary first step to obtaining a construction loan is approval by the Planning and Engineering departments. Su, your expedient treatment of this request will be greatly appreciated (sounds quite formal, doesn't it?). We are planning to add an additional 1000 sq.ft. containing a master bedroom complete with views of the golf course and Buttermilk/Highlands/Ajax, a deck accessed from the master bedroom, a master closet with a 15' clothes carousel which provides in excess of 45' of hanging space, a master bath which will have a combination steeping tub/steam room/shower, a large baby's bedroorn and bath. The finish will be painted drywal I and carpet. We also plan to reroof the entire home with cedar shingles. We will replace the appliances in the kitchen, install new counter tops and the splashes. The existing master bath will get a new tub with new the walls, new vanity with new the counter top, new to i I ette and new I avatory. In order to assist your appraisal I have included the following: • Plans for the addition — two copies. • The existing plat — two copies. • Proposed new plat — two copies. • The condo decs — two copies. • Approval letter from owner Unit B — two copies;. • Application fee, $100 check — one each. • • I am aware that regulations require a new plat prior to approval. Also, a plat cannot be completed until the changes are completed. Please don't let this inconsistency (Catch 22) delay the process. I have reviewed my application with Elyse Elliott in the Engineering Department, I would appreciate it if you could direct this application to her. Should you have any questions, or if you require any additional information, please don't hesitate to contact me. Sincerely, • 0 805 ADDITION FAR CALLS LOT SIZE (.345 ac.) 15,028 sq.ft. ALLOWABLE FAR — Duplex Structure 4,920 sq.ft. EXISTING HOUSE 1,575 sq.ft. EXISTING GARAGE 641 sq.ft. ALLOWABLE GARAGE 500 sq.ft. HOUSE PLUS GARAGE OVERAGE 1,716 sq.ft. REMAING ALLOWABLE FAR 3,204 sq.ft. PROPOSED ADDITION —1,000 sq.ft Ms. Cindy Houben September 988 City/County Planning Office 130 South Galena St. Aspen, CO 81611 Dear Cindy: I am the owner of Unit B, Horan Condominiums. I am aware that Lee and Laurie Pardee, the owners of Unit A, want to expand their- unit. After reviewing the plans for the addition I support their application. Should you have any questions, or if you require any additional information, pl ase don't hesitate to contact me. Sincerely, VC ar etery Lane CO81611 303/925 —3648 PE^OP_ E7 AT .. "9 P.m. v 23 J; i�90 L-=E:""A .ri,4SP?�, F.rnJ+Z7ER ^zss3s 3W 179 CO`:DOMINIUM DECLARATION' FOR HORAN CONDOMINIUMS (A CONDOMINIUM) KNOW ALL MEN BY THESE PRESENTS WHEREAS, Stephen P. Horan and Nancy Horan, here- after collectively called the 'Declarant," are the owners of the following described real property situated in the County of Pitkin, State of Colorado: Lot 6, WEST ASPEN SUBDIVISION, - Filing No. 1-A WHEREAS, Declarant desires to establish a condo- minium project under the Condominium Ownership Act of the State of Colorado; and WIfEREAS, Declarant has purchased and constructed a building and other improvements appurtenant thereto on the above -described property which shall consist of two separately designated residential condominium apartment Units; and WHEREAS, Declarant does 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, Declarant does hereby publish and declare that the following terms, covenants conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit tv Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall ex- pressly provide other= ise, the following definitions shall apply: (a) 'Apartment" or *Unit" means an individual air space which is contained within the unfinished interior surfaces c` the perimeter walls, floors, j ceilings, windows and doors of the Duelling Units in the building as shown on the Map and any amended Map to be filed for record, together with all fixtures and improvements therein contained but not including any of the structural comEonents of the building, if any, within a unit, and inelud the garage area as constructed, if any, ;b) "Condominium Unit" means an apartment together with the undivided interest in the General and Limited Common Elements appurtenant to such apartment. K 1 (c) "Owner" means a person, firm, corporation, partnership, association or other legal entity, or any combination thereof, owning one or more Condo- m'nium units; the term "Owner" shall not refer to anN Mortgagee, as herein defined, unless such f Mortgagee has acquired title pursuant to fore- _ y' closure or any proceeding in lieu of foreclosure.. (d) "mor`.aaae" means any mrtgage, deed of p trust, or other security instrument by which a Condominium Unit or any part thereof is encumbered. Tf � .fin. j (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.. (1) The real property upon which the building is located. (2) The foundation, columns, girders, beams, supports, main walls, roofs, crawlspaces, exterior building surfacez and any "party wall" as shown on the map. (3) :he installations consisting of the equipment and materials making up the central vices such as tanks, pumps, motors, fans, compress sors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating and air condition_": ing and, in general, all apparatus and installations; existing for common use; , Such partly or entirely enclosed air spaces as are provided for cosnninity or _ common use; (5) All other parts of the Property necessary or convenient to its existence, main- tenance and safety or normally in oommor. use. - (a) "General Common Elements- Beans those c, parts of the CONWOQ Elements which are not de- signated as "Limited Oommion Elements." :4 (h) "Limited Common Elements" means those parts of the Common Elements reserved for the exclusive use of the Owners of less than all of the Condominium Units in the Building. The sur- face and airspace above the portions of the ground designated "Exclusive Use Area" for the respective Units are Limited Common Elements, (when so designated" (i) "Entire Premises", "Premises", "Project■ or "Property" means and includes the land, the building, all improvements and structures thereon, and all rights, easements and appurtenances r belonging thereto.. (i) "Common Expanses" means and includesc (1) All sums lawfully assessed against the General Common Elements; (2) Expenses of administration and management, maintenance, repair or replacement of the General Common Elements; r (3) Expenses declared common expenses by the Unit owners. W 'Map' means the Condominium Map referred to in paragraph 2 below. (1) "Building" means the building improvement comprising a part of the property. (m) The title "Managing Agent" shall refer to $ the Fe. -son, firm or entity which may or shall be selected and appointed by the Owners of the Condo- minium Units in accordance with the provisions of Section 14 of this Declaration. ; 2. CONDOMINIUM MAP. Declarant shall cause to be filed for record a gap. a Map shall depict and show at least the following: The legal description of the land and a survey thereof* the building and the location of the Units s within the building; the perimeter boundary of each Unite the Unit numbers or other designation. She Map shall contain e certificate of a registered Colorado land surveyor certify - that the Map substantially depicts the layout, measurements + location of the Building, the Units, the Unit designations, - dimensions of such Units and that the Map was prepared +srsequent to substantial completion of the improvements •d picted. In interpreting the Condominium Map the existing u physical boundaries of each Unit as constructed shall be con- clusively presuaed to be its boundaries. =a 3. DIVISION Or PROPERTY INTO CONDOMINIUM UNITS. Site real property is hereby dividedinto two separate fee . simple estates, each such estate consisting of the separately designated units and the undivided interest in and to the general common elements appurtenant to each unit as is set forth on the attached Exhibit A, which by this reference is made a part hereof. Each such unit shall be identified on the Map by number and building symbol as shown on Exhibit A... 4. LIMITED COMMON ELEMEM . A portion of the s. General Common Elements is set as and reserved for the ex- clusive use of the Owners of each Unit respectively, such areas being the Limited Common Elements. The Limited Common Elements reserved for the ex- clusive use of the individual Owners shall be identified on - the Map, and shall, without further reference, be the Limited `. Common Elements associated 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 it is assigned on the Map, to the exclusion of the use thereof by the Owner(*) of other Unit except by invitation. All of the owners of condominium units in this condominium project shall have a non-exclusive right in co with all of the other owners to use of side- walks, pathways, 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 par& - graph 6 of this Declaration. -3 � l'. i_ -'I.�I..._ ti _.i�1��IM/�1=•r'Y: , Y"nf•� � X$ ' �`�r... ^il��.�., :.M.f' � �.��.yAM 1. jl 49f�i*' i u^.d.vided _nteres t _:.e :;e-.era_ Limited C0=00n Elements, .f _'ere:- sna.l be insepara` le a-._ .o n-part- _ _ snat.:e a.nd rr. to conve . ed , leased, encumc•ered, dev.sed t_ _ _`er:_ei = - as a Cr..dc- ainitm Unit. 6. WTB"ff L _ LESCRIPTI:-S. Ever%. _.._ tract for _ .e sale of a condorur.:um ua:t and every_ otter instrument af`.e-t- Condoaini= Map appearing in _te records of the c: _:erk and Recorder of Pitkin Caur•t., Colorado, .n the f_::ow...c fashion: Condorinium Unit Baran Condoeiniuns a ndominisn) according to the Condo-minium Map appearine in the records cf the Covaty -leek and Recorder cf Pitkin County, Colorado, _.. $OOk , at Fa .e Such description will be constr-aed to describe the unit, to- gether with -he appurtenant nd:vided interest in the common elements, and to incorporate al: the riots incident to owner- ship of a coodos'.inlum snit and all cle iisitations on such p ownership as described in t`.is Declaration. 7. SEPARATE ASSESS..MWr AND TAXATION -NOTICE TO ASSESSOR. Declarant shall give written not.ce to iFe Assessor o P.txin County, Colorado, of the creation of condominium ownership of tr.is 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 tine any taxes or assessments are not separately assessed tc each unit owner, but are assessed on the property as a who:e, then each unit owner shall pay his proportionate share thereof in accord- ance vith his percentage ownership of the eeneral connan elements. E. TITLE. A Condominium Unit may be geld and owned by rr_re than one person as joint tenants, as tenants in coeror., tn+ any- local entity, or in any real property tenancy relations=.-- rec:_-._zed =. er _.e laws of .Clcrado. 9. NONPARTITIOlKABLLITY OF GENERAL COMCK ELEMMTS. Tie General Common eaents s Ln coaasoa all' of the Owners of the Arartment Units and shall remain undivid- ed, and no Owner shall br.ng any action for partition or - division of the General Cowion Elements. Nothing contained ; `ereir: shall be construed as a limitation of the right of 1 equitable art:tion of a Condominium Unit between the Owners ! t`.erecf, but Luc= partition shall not affect any other Condo-_' r.: = -n _ .. 1 _ _ . "Sc OF T--N:TS; GMERAL AND LIMITLD COMMM nE34EN S. Eac!. -caner sha:: be entitled to exclusive ownership an_,_r_P0S_ssior: Cf -.:s Apartment. Each Owner may use the General and :..a:ted Coasacn Elements in accordance with the purpose for wh:cn tne•: are :-.tended, without hindering or encroaching upon. t'e :awf.:: r:ct:ts of the other Owner(s). For the purposes :;ere f, any pertion of the General Common Elements shown. on _ e :oniorun:um Map as bearing the legend 'open space' shall De ,reserved as such by each owner for aesthetic and v:sua: t .__sc.s an_: shall never be used as a play or reereationa- are -4- s _ s 1�j r� exce; _ f ro of any K _..d nay - - - allowed r i Cordcnir.: nat be con. :tiered tti _ tt:. _ .. _ na. F Except as tt.t, _.nE r s ' t.•r LE. _'.t _ _ _ shall be allawe�:ex:-qv; . 35_. "Short -tern. rent_ _. s`... _ ::e `^ .ed _- tt..anc:es _ less than six (6: mor._..s S hia.: terminate the sane manner the r:cnt of .-: zst : of stir in para,:3pt 21 ?: F.`.SENtEN':S F,IF. ENCR)ACHI+XN S. if ar.y ocrrion of the 3cnez T ,^%•vcn E:emer.ts ncv sr hereafter ener3acnes £ upon ar. A:;artnent, a valid easement far -_!:e encroachrier.t anti for the maintenance of same, so long as it stands, sha:1 and does exist. If any p-rt:c•n of an Apartment naw or hereafter encroaches ur,an t`e General Common. Elements or upon the adiuinina ,.a:tner.t, a valid ease-ent for the encroachment end fc.- t:-e r.a:ntenance of sa.-.*, so long as it stands, shall and does exist. For title or otter purposes, e such encroachment and easements shall not be considered or determined to be encumbrances either cn the General Comrlon Elements or the Apartments. :::e foreaein- :.hall aptly, as well, in the evert of the partial or total destruction cf =: tt,e buiidinc, either of the ::nits or other improver..e::= Co . risi:: all or a part of t:•,e � � general comr.+on e_erler.:s r= and the subsequent rebui l d inn; .,r reconstruction tnerec f . 4 > A 13. TERMINATION Or x:,,ii. .:C's -;E\ F: ;H"S ISOEM%IFICAT:ON. No labor performer: or mater:a:is Ern :shed end incorporated in an Apartment with the consent or at the request of the Owner thereof or his acent yr •us C,:ntractbr or subcontractor shall be the basis for fil.r:7 of . 1•e,r. * : against the Apartment of any other Owner nrt.erpressl<' con- senting to or requesting the same, or against the General Common Elements owned by such other Owners. Each Owner shall indemnify and hold harmless each of the other nvrE.e fr.. a. -y f: .. i- _, ^.d �. . a: aZ 15: nq cr. `ie a liv:, against t::a nyar tii,c:.0 c_: any of:,ez Jwr,er Or ayaii,st L::r General Common E:events for construction performed or for w labor, materials, services, or other products incorporated in c•r othe-.ise at- Y.n_.a!:-!e to the Owner's Apartment at such - Owner's reuuest. ::ztw:.!,standing the foregoina, any mortgagee ' cf a c-•: .-•rin:ur. .;nit `:ail bec.me an owner of a condominium �. unit by Je:n lie_ c`_ f....-:csure shall not be ,:rder any cbl d nder:::.` _ id harrless an.- other owner - aaa nst l-,.: --ty :::r arising tr:cr tc the date such �... i•. r' i':Fi :C1 ,�� MANAGEMENT. Each Owner shall nanane his o+—.—Tan3 are management of the genera: coi"-ar _.er_rnts _e-.._. - with the otter owner, unless the = wners of L t ..: is acree upon the appointzent of a Mar.aaing A-ent to ad-.::::_ . t—th units and the cocanon elements. 'routes of AF:':. .. f tr.e Managing Acent by the Owners of Units here.:ndr: :-c- .:a:ed of record by the Manager insofar as required !.': _.__.::e. 15. RESEF`:: '£SS-M.AINTENANCE, PEPAIR AND EwxP;,ENC:LS. e- .r. a.-e tlie irrevocable riato ..d VE- .;Czes. __ r.,. .. - - ..a ..'. tE•.. CC'r^w:r E:E•nen is .1i;::rtenant Lt:E':et ':^C' G.'::.y' rtasznable hours r as may be necessary fcr t e _r.s;ectl^r, irairtcnance, repair or rerlacement of any ! the ,:.en% ral Common E.erwrts thereon •..�.w�.,,.�-- - �...,,�..' . ."" •'ma's.,,'' s BES_i. t:upY f:r; Gd\• ''f _aZn 7Cf._:.. .nc .L3na':_ AQ .._ _ _':er C%*ner incurring the _nal. Prepare an:del ver cr r=.- to each Owner an _ter: zed mor.t^. state-*:-_ -nc :.._ _:,t .ar:cus estimated or actual exper see _`cr which _=.e _=sessme nts are - made. Contribution for assessments shall be prorated if the wnership of 3 :nit cor.'wnces on a day other than the first day of a month. -=-' Ascessnenta fir •I,e reasonable actual romrnon e.xFf=nF;== ra be made -a r z A -_. c_ •T.tr incurring the same, among otnrr to;ncs.for tr.e :G-:--a4:;: expenses of management; taxes and special assessments, until separately assessed: fire-nsurarce with extended coverage and va-lalism and malicious mischeif insurance with endorsements attached issued in the amount of the maximum replacement value of all of the Condominium Units; casualty and public liability and other insurance premiums; landscap- ing and care of grounds which are general comaon elements (the intention being that landscaped areas which are a limited con on element shall be the responsibility of the unit owner to which that area is appurtenant, the same shall always be maintained in the fashion provided in paragraph 16 hereof with respect to unit interi^rs); common lighting and heating; repairs and renovations! garbage collections; wages, water charges, legal and accounting fees; management fees; expenses and liabilities incurred by the Managing Agent or other Owner under or by reason of this Declaration; the payment of any deficit retraining from a pre sous period, as well as other costs and expenses relating to she General j Common Zlements. The orrission or failure of the Owners or Managing Agent to fix the assessment for any month shall ,F not be deemed a waiver, modification or a release of the Owners from their obligation to pay. No improvements shall be made to the common elements without the consent of both of the )wners. Additionally, each owner shall be obligated to maintain his pro rata share of a contingency fund in the sum of $1,000.00, which _fund may be used from time to time by either owner to secure the obligations contained in this Declaration on the part of the other owner to be performed. 20. INSURANCE. The Managing Agent or Owners shall obtain and maintain at all times insurance of the type and kind _.iced hereinabove, and including for such other risks, of a s.....__ _ dissirilar nature, as are or shall hereafter customarily be covered with respect to other Apartment cr Condor-nium Buildings, fixtures, equipment and personal prop- erty similar in construction, design and use, issued by re- sponsitle insurance companies authorised to do business in the State of Colorado, and as shall be satisfactory to all ^� holders cf first rortgaces and first trust deeds encumbering the units. The insurance shall be carried in blanket policy �y ,a term narr.:nq the Owmers as the insureds, which policy or policies shall identify the interest of each Condominium Unit (riwner's name, tinit number, th+ appurtenant interest terest in t!:e General Common Elements), and which shall provide for a standard, noncontributory Mortgagee clause in .'aver cif each first Mortgagee, and shall further Frovide that _t cannot be cancelled by either the insured or t':e insuraac•_ c^r.. ar. ntil after ten days' prior written notice to each .first m1ortgagee. The Managing Agent or Owners, upon request :f ar•r first Mortgagee, shall furnish a certified copy of such policy and the separate certificate identifying .. .. ..tereft of the mort?aaor. .y� _ _ � •3 i � l �f. tup Y a Lrcac`. : ` . __ r_.. -_ __ __ re __ _ :c cc orcr- Tliance w:.. any _.__..' ._ _. n po._= :Iud_. ncn- payrer.t of _r.r i:.__fe:.ce •�r_--- appl.carle ._ .:.at Owner's interest, or w.no :,er-,ts or fa::s to • recent L�.c .`.apper.:na of any e:•erct, '.etn.er `efore or after a loss, which under the provisions of sac:^, r'_: w,,u.d otherwise invalidate or suspend the entire-pol:^. z_t the irs. _ante under an), X such policy, as to the interests of all _ u.cr insured Owners . . _ -.. _ ,.f ._. aw,:7,. sct ?!1: ...,t to invelidat- _:.7� ... .: ._.:a:.. _.. :: .c.ce ._. c effect. l.n.lees t.e C76.r:ers otherwise acree , ceter-_net:c_n, of maximuse replacement value of all Ccndc-:n__.. Units for insurdr.ce pur- poses shall be made an-.ually be cne or r-.re written insurance appraisals, copies of which shall be furnished forthwith to each Mortcacee of a Condominium Un;t. In addition, each Owner shall be- notified of such appraisals. ..._urance coverage on the furnishings, additions and improverents incorporated into a Unit and all :terms of personal prrperty belonging to an Owner and casualty and public liability insurance coverage within each individual Unit shall to the responsibility of the Owner thereof. 21. OWNERS' FERSONAL OBLIGATION FOR PAYMENT OF ASSESSMENTS. -he amount c e omnon Expenses assesse3_ against or incurred on account of each Condominium U,.it shall be the personal and individual debt of the Owner thereof. Suit to recover a rccney ;ud;!sent for unpaid common expenses shall be raintainable by the Managing Agent, or any aggrieved Owner without foreclosure or waiving the lien securing same. No Owner nay exemrt himself from liability for his contribu- tion towards the Common Expenses by Waiver of the use or en- ,oyment of any of the Coru%on Elements or by abandonment of his Unit. 22, LIES FOR NONPAYMENT OF COMMON EXPENSES. All sum; due but unpaid or the s.are of Common xpenses chargeable; to anv Condorair,ium Unit, including interest thereon at eight percent per annum, shall constitute a lien on such unit sup- erior (prior) to all other liens and encumbrances except: (a) Tax and special assessment liens on the _.. favor of any gov,rnrRntal assessing entity- ~ b) All sums unpaid on a first mortgage or r_.f:r<.t deed of trust of record, including all unpaid c:-:cater~• sums as may be provided by such encum- trance, including additional advances, refinance or ex:ens:cn of these obligations made thereon prior to the arising of such a lien. t�. evidence such lien the aggrieved owner or Manag- ing Ace-.t ray, but snall not be required to, prepare a written notice setting forth the amount of such unpaid indebtedness, i the na7,e of the defaulting Owner of the Condominium Unit and a descr:ct:or, of the Condominium Unit. Such a notice shall be s:cned n. the aaar:eved Owner or the Managing Agent, as apFroFr.at,, and .:ay to recorded in the office of the Clerk ' and Recorder rf the Ccunty of Pitkin, state of Colorado. Such .:en ,ne C.3rr+on Expenses shall attach from the date of the fai e of pal..rcnt of the debt, and may be enforced by foreclosure the defaultir.g Owner's Condominium Unit r by the aggrieved Owner or the Managing Agent in like 3`1? i8 manner as a ctd cf tr,:st e ral crcpert;: upon 4 recording of^a nct:c.: m a claithert•ef. in ny such fere- closer? the def �u.'tinr,' Cr. n,er shall br required tv pay the costs any expenses of such proceedings, the costs and expenses for filing the notice or glair of lien and all reasonable attorrey's fees incurred in enforcement of the lien claim. The dt.faulting Owner shall also be required to pay to the foreclosing party a reascnable rental for the Condcr.,ini,.= Unit during the period of foreclosure,and the foreclos=na party shall be entitled to a receiver to collect the same. The foreclosing party shall have the power to bid ,n the Condomir:iu.•a Lnit at foreclosure sale and to acquire and hc_�, _ea:;e, ..._. tcage a,-,d c3nvcy sage. The amount of the Common Expenses chargeable against each Condominium Unit and the costs and expenses, including attorney's fees, of collecting the same shall also be a debt of the Owner thereof at the time the same is due. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien secur- ing s a.•oe . 5: Any mortgagee holding a lien on a Condominium Unit may pay any unpaid Common Expense payable with respect to such Unit, and upon such Po payment such mortgagee shall have a lien on such Unit for the amounts paid of the same priority as the lien of his encumbrance. 23. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF CONDOMINIUM UNIT. Upon payment of a reasons a ee not to exceed ten-a-OTTairs and upon the written request of any owner or of ar.y 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 to him, 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, credit for advance payments or for prepaid items, including but not limited to insurance pre- miums, which shall be conclusive upon the issuer of such statement in favor of all persons who rely thereon in good faith. Unless st,ch request for a statement of indebtedness is furnished within ten days, all unpaid Common Expenses whicf. become due prior to the date of making such request shall be subordinate to the lien of the mortgagee requesting such statement. -. ;rantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportinnate share of the Common Expenses up to the titrk of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid cy the grantee therefor; provided however, that upon pay:•oent of a reasonable fee not to exceed ten dollars, and upon :.nitten request, ar.y prospective grantee shall be en- titlec to a statement fror.. the Managing Agent or Owner of the other emit cf facts known to him, expressly or constructively, settinq forth the amount of the unpaid assessments, if any, with respect to the subject Unit, the amount of the current monthly assessr�-_nt and the date that such assessment becomes due, credit for advanced payments or for prepaid items, it.- cludinq but not limited to insurance premiums, which shall be conclusive upon the issu^_r of such statements. unless such request for a statement of indebtedness shall be complied with wit: ten days of such request, then such grantee shall not be l:a:le for, nor shall the Unit conveyed be subject to a lien fcr, an-.- unva.d assessments against the subject Unit. -9- _ _ ,v,.__ - ;;, �. - _ - - ., p I -�• tic Jwner _'.a:. race _^e .. .7ne- _ , _. � rtcace or secur:t•. ..:str.:aent. A ZZ-;Q _ ._._ _ I -e W'._ has first ..-.d ::arax.. lr:..._tl _rider a.. law. he owner cf a c -.dom, n, -7 t ray create W_cr _. _:a r> the follower- c..sdit:ons: (i) a } suc`.,u:.:o: ortca:es shall always be -ubordin�tc• "c ail cf t`.e terns, conditions, ec,venants, restrictions, us-s, l:ritat:ons, cblications, lien for common expenses, and otter obl:oaticns created by this Declaration; (2) the Mcrtaacee under any junior nortgaee shall release, for the Furpose of restoration of any improve- ment_ rn _.._ aa:, title policies upon said premises which insurance rolicies were effected and placed upon the mcrtcaged creaises by the Man- aging 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 ")F FIRST REFUSAL BY OMWERS. In the event any Owne: of a Conco-:r.ium Unit, other than the Declarant, shall wish to sell cr :ease the same for a term longer than one (1) year, and shell have received a bona fide offer therefor from a prospective purchaser or tenant, excluding an offer from the Owner, the selling or leasing Amer shall give written notice thereof to the remaining owners together with a copy of such offer and the terms thereof. The remain- ing Owners, individually or collectively, shall have the right to purchase or lease the subiect Unit upon the same terms and conditio.s as set :Drth in the offer therefor, provided written notice of such election to purchase or lease is given to the selling cr leasing Owner, or his agent, together with a matching down payment 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 re- fusal herein provided shall not apply to leases or subleases having a t�,-m of less than one year and one day. In the event any owner shall attenFt to sell cr lease his Condominium Unit without afford:n: to the other owners the right of first refusal herein provided, such sale or lease shall be voidable and may be voided by a certificate of noncompliance of the Managing Agent or aggrieved Owner duly recorded in the recording office where the Declaration However, in the event the Managing Agent or aogr_eved owner have not recorded such a certificate of noncompi:an.:e 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 tLis paragraph, such a conveyance shall be conclusively deened to have been made in compliance with this paragraph and nc longer voidable. i ?� The subleasing or subrentinq of an apartment shall be subject tc t.^.e sane limitations as are applicable to the leas:nc cr renting thereof. The liablility of the Owner under trio::• c.)venants 6hall continue, notwithstanding the fact -a� have :eased or rented said interest as provided here:... nr case ;hall the right cf first refusal reserved herein offa.:t .c-t of an owner to subject his Condominium L'nit to a t 7, r: rt�aoe or ether security instrument. -io- EAST (+UP •: !le r. • _ Y.ere:^ 3nall extend and r::n fc: _ -,e ., a Colorado, and tis new 1:.. Ic-scencants a:.ci ;urvivc: of them, plus twent:-c ne years. 26. EXEYAPT IC-, F ACM 3 47 OF F: tiST REFUSAL. In the event of any de au,t cn :_.e pa:: c. any :6"ner sneer any first mortgage which entities the holder t':ereof to .foreclose same, any sale under such foreclosure, including delivery of deed u to the first m< rtga?ee in lieu of such foreclosure, *hall be made free and clear cf the p:ovisic.*.s of paragraph 25, and the purchaser, or aran tee under s"acti ooed .I:e!7 c' `-re - cl �>u: c , of suer. 'cr,d r - -, . z,. a t.e ^-F :e.:x•r. and there- . after ,rc:_s.on, of thi, beciarat:on. If the purchaser f-llowin= such foreclosure sa:a, or grantee under deed given in lieu cf such fcrecicsurt•, shall be the then holder of the first mortgage, or its r.c_.iree, the said holder or nominee may thereafter sell and convey the Condominium Unit free and clear of the provisions of paragraph 25, but its grantee shall thereupon and -hereafter be subject to all of the provisions thereof. 1 The following transfers are also exempt :roc the provisions of paragraph: 25: (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 a devisee or devisees by will or his heirs at law under intestacy laws; , (c) Transfer of an Owner's interest by treasur- er's deed pursuant to a sale for delinquent taxes; I A. (d) Transfer of all or any part of a partner's interest as a result of withdrawal, death or Other- wise, to the remaining partners carrying on the � partnership business and/or bona fide transfers to a person or persons becomir- partners; a transfer of all or part of a partner's or partners' interests between one or more partners and/or to persons be- coming partners; te) Transfer of a corporation.'_ interest to f^rmerl} owning the stock cf the corpora- tion a; a result of a dissolution. A transfer to the resulting entity foll'-�wing a corporate merger or con -I sclidation; provided, however, that at least fifty :•ercent of the stock of the resulting entity is owned by the stockholders of the corporation former- ! ly owning th:e Condominium Unit; i ;f) "zaas_'er by gift. 27. CERTIFICATE OF COMPLIANCE RIGHT OF FIRST REFUSAL. :'x n written request G any prospective transferee, f purchaser, tenant er an existing or prospective mortgagee of 1 any Cond. mir.:.;r: Unit, the Y.anaginq Aaent or Owner of the other T t•nit shall forthwith, or w:-ere time is specified, at the end of tha time, Issue a writ cn and acknowledges' certificate in recerdablc• fors, ec:dencina: i i -.1- j T I.t• e J• i QLb-1 C'upy 1: CF.. .. s _ _ _ Xe : _ • _ _r C .. _ .1. Ur its '_C._. .:Cu Uf f.:rl•_.__ure, 'An a deed from sucn f:_ _ %V.rtg_zee C7 .._ .nonin,•e, .ssuant to paragraph :6. :hat the deeds were :r. fact gi%-en in lieu of fc:eclesure and were nct su5;e.t to the provisions of r-aracraph :5: a c �.._. lest@c. .!: _ ..:r-.,.:�•s t:ensfer which is nct in fact a sale cr least. t`.at the transfer • ill . be sap •,ct to t!,e prcvisicns of Faragrap1 25. Such a certificate shall be conclusive evidence of he facts contained L':ere:-. 28. PERSOKkL FROPE=TY FOR COK40N ('SE. :Y.e managing Agent cr any Owner --y, with t.e corsent of bothOwners, ac- quire and hold for the use and benefit of all the Condominium � Owners, real, tangible and intangible personal property and may diss.cse of the sane by sale or otherwise, and the beneficiah interest in any such property s'%all be owned by the Condcminita ' owners in the sa..e proportion a, their respective interests in the General Corp. -on Elements and shall not be transferable, except with a transfer to the transferee of ovr.et_hip of the transferor's Beneficial interest in a condominium unit, and no reference t, ;,i, personal property need be made in order to transfer it in connection with the transfer of a unit. 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 Owners. The transfer of title to a Condominiur Unit unier fcreclosure shill entitle the purchaser to the beneficial interest in such personal prop- erty associated with the foreclosed Condominium Unit. 1 29. MAILING OF NOTICES. Each Owner shall register his mailing address with t e o'.er Owner or Managing Agent and all notices of demands intended to be served upon any Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such iegistered na::ir,i address. All notices or demands intended to be ser%- ec Lzcn the-1wners or the Manacinq Agee_ shall be given by registered or certified mail, postage prepaid, to the regist- ers: address thereof. All notices or demands to be served on y_rtgacees pursuant hereto shall be sent by either regist- ered or certified mail, postage prepaid, addressed in the name o the Mortgacee at such address as the Mortgagee may have iurn.:sned to the Owners or Managing Agent in writing. Unless the Mortgagee so furnishes such address, the Mortgagee shall be entitled to receive none of the notices provided for in this DU,clarat:cc. Any notice refe:red to in this Section shall be deemed given when deposited in the United States mail in the form provided for in this Section. 30. PERIOD OF CONDOMINIUM OWNERSHIP. :'he separate condoraniur. (:. tates created by t ^ Declaration and the Map bh3ll continue until this Declaration is revoked in the manner and as is provided in paragraph 18 or this Declaration. COPY 31. --r-sE R A L (a! if ar cf tte _st_ns cf ttus 7eclaratic3 or any paragrap.., sentenc,_, _lause, phrase or rLr4 or the arplicat:cn therecf in ary circuststances re invalidated, such :r alid:tvSha.1 nct affect • validity of the remainder of .::is eclaraon. Dti (b) The previs:ens cf t`is Declara•_i:-n shall be in addition and supplemental to the Ownership Act of the State cf Cc:ccado an _._ other provisions cf law. ci k'Ienever ..sed ' ere_n, uniec< - e ext 6.:41. o i,erwxse proviae, t;,ro F:nquiar ruvaDer'snail i:.clude tee plural, the plural the s.ncul3r, and the use of any gender shall include all genders. (d) Wherever herein written responses or st.atemnts shall be required to be made by an owner, failure by ssch owner to so make and deliver the same shall give rise to the right of the other owner to threaten to apply and/or to apply to a court of competent jurisdiction to order the sage, a..nd in the event of such threat or application, the party threatening to and/or applying for such order shall be entitled to recover his coats, including reasonable !ttorneysl fees in processing and prosecuting such application or threatening j two so do. i IN WITNESS WHEREOF, Declarant has duly executed this ' Declaration this 23rd day of July 1980. Declaras)c: / i Re en or f r j ) ss. COUNTY OF PITKIN ) :`ie foregoing instr:u:ent was acknowledged before me this day of _ , 1383, by Stephen P. Horan and Nancy Horan. 1►IT%ESS my hand and official sea.. "t� ! IA% commission expires: r T` 0: tag° i Sctar'. Put I i I f i i i -13- MW EEC A. 1S Upy 7 EXHIBIT 'A' a y7v a 70 CONDOMINILIN CECLARA710H MR '- HORAN CONGOMINIt:KS (a Condominium) Unit Deaf rtatiotl viicd Interest m Unit A SOt w Unit B SOt Order Number: 15022 SCHEDULE A 1. Effective date: April 06, 1987 At 8:00 A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: .B. ALTA Loan Policy Proposed Insured: Aspen Savings and Loan Association, c. its successors and/or Assigns Commitment Number: Amount of Insurance Premium Tay. Cert. $ 5.00 $200,000.00 $677.00 Form 100 $ 20.00 Form 100.30 $ 67.70 $Form 115.1 $169.25 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: J. L. Pardee 4. The land referred to in this commitment is described as follows: Condominium Unit A, ISO. CONDOMINIU (a condominium), according to the Condom n'um Map appearing in the records of the County Clerk and Recorde f Pitkin County, Colorado, recorded July 23, 19s in Plat Boo 0 at Page 5, and as defined and described in t e Condom:ini Declaration for Horan Condominiums recorded July 23, 1980 in Book 392 at Page 179. County of Pitki► State of Colorado Z-f. �✓ a{ Authorized Countersignature Page 2 STE,WART TITLE GUARANTY COMPANY 1652 (25M 3186) '5' 10' ZO' 40' �C.ALE: 1" - ZO' 6A5(5 OF 5EARINC t - FOUND W)NU- MF_NT5 A5 nHOWN. DF- U.7C. 465 MAP PREPARED 13Y- ALPINE nUIZVEY5 L'OA 17301 A --PEN' COLORACU rJRAWH BY -. r7 Z 1 . Z3 SO JGD NO 79 111 ryojZ� LOWE(Z LEVrL xnLr: r' = 10' SUf'�VEYOOf�S C TIFICATE 1, JAMI✓5 F: RESER HF-REBY CE.RTIFY THAT ON MAfZCH 76, Iggro, A VISUAL UPDATE WAS I`q j Cam' THE p(KOFER TY -->HowN HEREON. EXCEPT- FnK THE CIAA-NGFDS SHOWN 4 NOTED H EfZF,0N, ^L.L C)THF-I;z- f EATUl`ZES REi11AINED THE SAMr1 . AL .................................. PINE SURVEYS INC. 5y, JAME� F 1zE7EFZ APRIL 7, 19e:o L.S. G104 ro 4�j AMENDED CONDDOMHUM MAP HORAN CONDOMINIUMS (CLERK & RECORDER'S CER7MCAYM THIS CONrJOMIiJfUM MAP OF HORAN CON170NINIUM5 WA5 ACCEP- TF-P FOP- FILING )N OFFICE OF THE CLERK ANP RECORVEJZ OP THE COUNTY OF PITKIN, 57ATE OF COLOR^170, AT I. 'Y O'CLOCK _ 4:' THIS R,..... QAY OF ...:.`..''..'1 , J950, AND WA5 DULY FILED IN C30d i? AT P/lG£.... .._... RECEPTION NUM6E2 ....----- ....... ........ S 7 � � PLANNING DIRECTOR APPROVAL This Plat of the Horan Condominiums_ in the City of Aspen. was approved by the Planning Director of the City of Aspen pursuant to section 7-1007 A of TKIN COU1yTY theAspenMunicipal Code This day „f EFZK RECORt7E2 — y _ 198R. Planning Clirector, City of Aspen CITY ENGINEER APPROVAL This Plat accurately depicts the changes in parking, height and square footage caused by the addition in the Horan Condominiums. Approved by the City of Aspen Engineer on this _day of 1988. City Engineer 0,(, f r /� aLt/Ds�;v 7- STEI'rIEN I' MOZM d t"CY t1OFM1, Ah OWNERS OF THE- HERUH D>E51-R15rD tZEAL PROPERTY, HEP-EBY CE32TIFY THAT TI-fl7 MAP OF THE: HOP -AN CON�MINIUM7 HA5 15EEN PREPARED PURSUfWT TO rHE- PUKP05E5 STA7EP IN THE CONDOMINIUM PECLARATION F012 THE H02AN CONDOMINIUM'S, DATEr7 ............................. , t9SD, ANQ 1ZECCRr�E( IN 6CnK................. AT PAGE.................. OF THE. ;ZEC012P3 OF PITKIN COUNTY, COLORAPO. 3T E P EN P H012AN N Y '>TATE OF COLO2A170) 35 COUNTY OF PITKIN ) -THE FOREGOING OWNER15 CEP-TIFICATE WA5 ACKNOWLEICEP C3Er01ZE ME 'TH15.............12AY OF............................ 1980, f5Y STEPHEN F HOIZAl•{ f N^NCY HOFAN. WITNE55 MY HANr7 AN12 OFFICIAL 15EA-. MY COMM15'5(ON EXPIRES _.......... _.......... ............ ...................... -- NOTARY PL)5LIC SURVEYORS CER71HCQTE I, JAME5 F KE5EIZ, HEREBY CERTIFY THAT IN OECEM15Et2, 1979, / ,40 JANUAPY, 1960, A SURVEY WAS MADE UNt?F9 MY 5UPER- VISION OF LOT (, WEST ASPEty 5UI3bIVI-2IO 1, FILING 1-A, CITY OF ASPEN PITKIN COUNTY, COLORADO; -THAT THE ONE 5-TORY WOOD FRAAE, "Ouf-,E. WA`) FCVNT? TO e>E LOCATED EN- TIRELY WITHIN THE 150UNPARY LINE'S OF SAID 1--OT A7 7HOWN ON THIS PLA-T. ?HE. LOCATION ANO r21MEN510N/ OF -THE. P-OUN- UARY LINES, U-rILITIES, t>IJILDINCt AND IMPROVEMFN`r5 IN EVI- DENCE OR KNOWN TO ME. AfZE ACCUQATELY 5HOWN ON TH15 MAP, AND THE MAP ACCURATELY ANp 5UF35TANTIALLY 12EPICT5 THE LOCA-TION AND THE HORIZONTAL AND VEIZTCAL DIMIfN- SIONS Or -THE. IMPIVIDUAL AIR SPACE UNITS OF iH7= HORAN C.ONPOMINIUMS THEREIN ANr THEREON, -THE UNIT r1?E51G - NATIONS THE2E07 UNDEP, THE INSTRUCTION--;, PROVIDED ME (5Y THE OWNER, THE MEA5U►ZEMEN75 OF 5AIP UN175, AND THE ELEVA?ION'> OF THE FL(X)KS ANO CEILINGS. JAME'S F. TZeSER , L.S. 9154 57ATE OF COL.ORAPO s5 COUNTY OF PITKIN -' THf= F0taEG0IN6 SURVEYOR'S CERTIFICATE WA-5 ACKNOWLED6Ep i-1EFORE ME THIS... Rom... PAY OF ...... JuEv ........._........., 1980, Dy JAMES F RESE2. WITNESS MY HANr2 ANl7 OFFICIAL 5E:^) MY COMM15510N EXPIRES' ZY. _......HOTAel.t NOTE 7 �> TH15'_I AMENDED CONDOMINIUM MAP OF THE HORAN CONOOMINIUM WAS PUT OF 1ZECORD FOK 50LE PURP05E5 OF KEI`LEGTINC-, THE CHANGES TO THE CONDOMINIUM A5 SHOWN HEREON. IN ALL OTt-tE-K RE51`ECT5 THE OKIGIWAJ-- FLAT KEIIA.IN`S IN FULL FOKCE ANP EFFEC,-r CLERK & RECORDLERS r-EPTHCQTE T}115 I57 AMENbE.D CONDOMINIUM MAP OF THE HORAN CCNrO'IINIUM WA5 ACCEPTED FOR FILING IN THE OFFICE. OF THF- CLERK AND RECORDER Or THE COUNTY OF PITKIN, S-TATF- OF C,OL.OI ^1DO, AT......... O'CLOCK ...... M., ThIIS......... PAY OF......................� 1`JBCv, AND WA5 rJULY FI LC D IN 3COtK ............ AT PAGER'E............ . 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