HomeMy WebLinkAboutLand Use Case.855 Bonita Dr.0001.2005.ASLU(1% 2 DUO l. 2005 . h La 155 Bonite Dr/*§*-·Bmri-rzr-D~ 2735-ill-78-001 Subdivision Exempt Mal/4 15 .
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fi - Q THE CITY oF ASPEN City of Aspen Community Development Dept. CASE NUMBER 0001.2005.ASLU PARCEL ID NUMBER 2735-12-2-78-001 PROJECT ADDRESS 855 BONITA DR PLANNER JAMES LINDT CASE DESCRIPTION ALSO 857 BONITA DR SUBDIVISION EXEMPTION REPRESENTATIVE CURT SANDERS 925-6300 DATE OF FINAL ACTION 1/10/200 CLOSED BY Denise Driscoll
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ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: ¢*FZ I ",-- 2.-Le- Name: €7~derr ~WA 3 dz-2.-- Locatioii: FAC( 4 2 5--7 ibe-r, 7 A Ge, vu- (Indicate street address. lot & block number. legal description where appropriate) Parcel ID # (REQUIRED) 1--7 35- - /22 *- 1 K - 50/ REPRESENTATIVE: Name: 2-her -~4*s,el Address: 225 7 At- FF), :-6 17: ) S~, 74- 26 ) Phone #: 2 15-- 6 300 PROJECT: 36*t n> ¢2>/A/.CY Name: €020,7- ,¢-f,w,51 ,<z-c_ Address: 2-b Ju A /f...4- CAe, vt- , r&, 7-,F-- 'A Phone #: 927 - 606 2.- T¥'PE OF APPLICATION: (please check all that apply): Conditional Use E Conceptual PUD U Conceptual Historic Devt. Special Review E Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) E Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline. Stream I~ Subdivision Exemption (includes 1 Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split E Temporary Use U Other: Lot Line Adjustment E Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: S El Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement J Response to Attachment #3. Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a tloppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD m El u El El El El El
MEMORANDUM To: Curt Sanders From: James Lindt, Planner -j-L Date: December 15,2004 Re: 855 Bonita Drive Condominium Map- Community Development Department's Comments Please make the following modifications to the proposed plat: 1. include Vicinity Map. 2. Either provide some allowance for the owner of Unit B to obtain vehicular access across the limited common element of Unit A in the condominium declaration or reconfigure the general common element on the plat to include the driveway all the way to Unit B. 3. Obtain signed letter from utility agencies benefited by utility easement located around the edge of the property to allow for new window well, patios, and driveway to exist in utility easement. Alternatively, if there are no specific benefactors of the utility easement, obtain a letter from the City Director of Utilities, Phil Overeynder, allowing for the new improvements to be maintained in utility easement. 4. Remove one of the Community Development Director's signature blocks and replace with a signature block for the Community Development Engineer. 5. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting two (2) mylar copies to the Community Development Department. A recording fee of $11 (payable to the Pitkin County Clerk and Recorder) is due upon submittal of the mylars. Additionally, a land use review fee of $487 (payable to the City of Aspen) is due prior to obtaining the signatures of City Officials.
CONDOMINIUM DECLARATION OF RENAISSANCE ESTATE, A CONDOMINIUM This Condominium Declaration of Renaissance Estate, a Condominium (the "Declaration") is made as of the day of 2004 by BONITA DRIVE, LLC, a Colorado limited liability company ("Declarant") . RECITALS A. Declarant is the owner of the following described real estate in the City of Aspen, County of Pitkin, State of Colorado (herein, the "Real Estate" or "Common Interest Community") : B. Declarant wishes to create a Condominium Common Interest Community in which portions of the Real Estate are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. THEREFORE, Declarant states as follows: ARTICLE I SUBMISSION; DEFINED TERMS Section 1.1 Submission of Real Estate. Declarant hereby declares that all of the Real Estate is hereby made subject to the following easements, restrictions, covenants and conditions which shall run with the Real Estate and be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. Declarant hereby submits the Real Estate to the provisions of the Colorado Common Interest Ownership Act, C.R.S. § 38-33-3-101, et seq., as amended from time to time (the "Act") . In the event the Act is repealed, the Act as existing immediately prior to its repeal shall remain applicable. Section 1.2 Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Condominium Map of the Renaissance Estate of record and used herein or on the Condominium Map shall have the meanings specified or used in the Act. Section 1.3 Building. "Building" means the portion of the Improvements comprised of two (2) free-market townhomes, as depicted on the Condominium Map. -1-
Section 1.4 Common Elements. "Common Elements" consists of the General Common Elements and the Limited Common Elements, and means all of the Common Interest Community, except the portions thereof which constitute a Unit. Section 1.5 Condominium Map. "Condominium Map" means the recorded map for the Common Interest Community, and includes a depiction of the Real Estate, located thereon the Building, the separate Units, the Improvements, and such other information as may be included thereon. Section 1.6 General Common Elements. "General Common Elements" means all of the Common Elements, except Limited Common Elements, as hereinafter defined. Section 1.7 Improvements. " Improvements" means all structures and improvements located above, on or below the surface of the Real Estate, including the Building and structural components thereof and all sidewalks, driveways, landscaping structures and landscaping, and utility installations. Section 1.8 Limited Common Elements. "Limited Common Elements" means any portion of the Common Elements designated herein for exclusive use by the Owner of a particular Unit as depicted on the Condominium Map. Section 1.9 Common Interest Community. "Common Interest Community" means the Real Estate and all Improvements thereon, together with all rights, easements, and appurtenances belonging thereto, submitted to condominium ownership by this Declaration and which may be subsequently submitted to condominium ownership under the terms of this Declaration or any supplemental declaration as hereinafter provided. Section 1.10 Unit. "Unit" means an individual air space unit as herein more particularly defined. A Unit consists of part of the Building as shown on the Condominium Map and is identified thereon either as "East Villa" or "West Villa" . The boundaries of each Unit are shown on the Condominium Map. The exact boundaries of a Unit are the interior surfaces of the common wall depicted on the Condominium Map, and the exterior surfaces of the walls, foundation walls and foundation floors, fireplaces, windows and doors in their closed positions, and the roof. Installations and facilities for purposes of natural gas, water, sewer, electricity, telephone, and communications cable which exist solely to serve a Unit in which they may be located constitute a portion of such Unit. Any Common Elements, as hereinafter defined, which may be within a Unit shall not be part of the Unit or owned by the Owner of the Unit, as hereinafter defined, of which the Unit is a part. -2-
ARTICLE 2 NAMES; DESCRIPTIONS OF REAL ESTATE Section 2.1. Names. (a) Common Interest Community. The name of the Common interest Community is Renaissance Estate, a Condominium. (b) Association. The name of the Association is Renaissance Estate Townhomes Condominium Association, an unincorporated association. ARTICLE 3 THE ASSOCIATION Section 3.1 Authority. The business affairs of the Common Interest Community shall be managed by the Association. Section 3.2 Member Groups. The Association shall have two (2) member groups, the East Villa Member Group which is appurtenant to the East Villa and the West Villa Member Group which is appurtenant to the West Villa. Membership in the Association shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. Section 3.3 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated association pursuant to the Act. Except as otherwise provided in this Declaration, when approval of the members of the Association is required, the Association may only act upon the unanimous consent of its East Villa Member Group and its West Villa Member Group, and neither Member Group acting alone shall have the power to act for or bind the Association. Section 3.4 Executive Board. Except as otherwise provided in this Declaration, or as required by the Act, the Association shall act through its Executive Board. The Executive Board will consist of two (2) directors. The East Villa Member Group and the West Villa Member Group shall each appoint one (1) director. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.7 below. Section 3.5 Notice to Owners. Any notice to an Owner of matters affecting the Common Interest Community by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery or the third business day after deposit in the mails regular first-class postage prepaid, at the -3-
address of record for real property tax assessment notices with respect to that Owner's Unit. Section 3.6 Waiver of Lien Priority Rights. Declarant and each Owner understand and intend, by use of an unincorporated association, that the Association will not have the benefit of lien priorities provided in the Act for incorporated associations. Section 3.7 Deadlock. (a) Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" made by a member of the Executive Board to the other member of the Executive Board after a formal vote in which member of the Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning: (i) the amount of Insurance, (ii) the company to provide the Insurance or the budget therefor, (iii) the required degree of Maintenance, (iv) the manner in which Maintenance will be accomplished, including without limitation the company to provide or manage the Maintenance, or (v) the budget for Maintenance. In all other instances, the failure of the Executive Board to agree shall mean that no decision is made. (b) Breaking a Deadlock. In the event of a Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then a decision that resolves the Deadlock issue shall be made by a person (the "Arbitrator") appointed for that purpose by the members of the Executive Board, if they can so agree within five (5) business days, or thereafter at the request of either member of the Executive Board, by the then-current president of the Aspen Board of Realtors. Each member of the Executive Board shall submit to the Arbitrator a written proposal to resolve the Deadlock within ten (10) business days afer the appointment of the Arbitrator. The Arbitrator shall have not less than five (5) years' experience in commercial property management, shall not be related to or under common ownership or control with the owner(s) of either the East Villa Member Group or the West Villa Member Group, shall make a decision in good faith and using reasonable judgment but only by selecting the entire proposal submitted by one of the Executive Board members, and shall allocate the costs of the proceeding to one Member Group or between them both, as the Arbitrator deems fair and reasonable. If the president of the Aspen Board of Realtors fails or refuses to make such appointment, or if the person so appointed fails or refuses to act, then either member of the Executive Board shall have the right to petition the chief judge of the Pitkin County District Court to appoint such person. -4-
ARTICLE 4 UNITS Section 4.1 Number of Units. The number of Units in the Common Interest Community is two (2), comprised of the East Villa and the West Villa. Section 4.2 Identification of Units. The identification of each Unit is shown on the Condominium Map. Section 4.3 Unit Boundaries. The boundaries of each Unit are located as shown on the Condominium Map, and are as described herein. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.1 Common Expenses. The only Common Expenses of the Association are for: (a) Maintenance, as defined in Section 6.1 below, and (b) Insurance, as defined in Section 6.2 below. Section 5.2 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Each Owner, by acceptance of a deed to its Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Owner shall convey its Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense assessments shall be a continuing lien upon the Unit against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. Section 5.3 Apportionment of Common Expense. Common Expenses shall be assessed against the Units equally on a fifty- fifty basis, regardless of any expansion of a Unit which may be provided for herein. Section 5.4 Annual Assessment/Commencement of Common Expense Assessments. The Common Expense assessments shall be based upon the Association's advance budget of the cash requirements needed by it to provide Insurance and Maintenance during such assessment year. Section 5.5 Special Assessment. A special assessment is any -5-
assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments only to provide, with respect to the General Common Elements, for liability claims or for repair or replacement, to the extent not covered by Insurance, or to provide for extraordinary Maintenance, if the Executive Board so determines. Section 5.6 Effect of Non-Payment of Assessments. Any assessment provided for in this Declaration, or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall bear interest at the rate of twenty-one percent (21%) per annum. Further, following ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessment, or installments thereof, may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above need not apply, and the non-delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non-delinquent owner, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment, and reference is made to the provisions of Section 10.4 below. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1 Maintenance (a) Association's Responsibility. The Association shall be responsible for the maintenance, cleaning and repair to assure the first class quality appearance (collectively, the "Maintenance") of all those portions of the Common Interest Community whose Maintenance has not been assigned to the Owners by the remaining provisions of this Section 6.1. (b) Owneris Responsibility. For purposes of maintenance repair, alteration and remodeling, an Owner shall have the right and the obligation to maintain, repair, alter and remodel: (i) such Owner's Unit; (ii) any and all new additions to -6-
a Unit hereafter made by the Owner thereof; and (iii) any fence, patio, balcony, yard or deck area associated with a Limited Common Element reserved for the exclusive use of the Owner of the Unit. Notwithstanding the foregoing, without the prior written consent of both Owners, no Owner shall: (i) modify or alter the appearance, materials, or color scheme of the exterior improvements as they may exist from time to time (specifically including a Unit's doors or windows), or (ii) modify or alter any landscaping now or hereafter installed within the Common Interest Community, with the exception of any such landscaping contained entirely within any fenced-in portion of any Limited Common Elements appurtenant to a given Unit. An Owner shall not be deemed to own lines, pipes, wires, conduits, or other systems (collectively herein "Utilities") running through such Owner' s Unit and which serve both Units, except in common with both Owners. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and those Utilities located in such Owner's Unit, which serve that Unit exclusively; (ii) replace any finishing or other materials removed with materials of similar type, kind and quality; (iii) maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's Unit, including the fixtures, doors and windows thereof; (iv) maintain in a neat and clean condition, free and clear of snow, ice and water accumulations all of the decks, yard, porches, roof, balconies or patio areas which have elsewhere in this Declaration been reserved to and for the exclusive use of such Owner, including the Limited Common Elements that have been so reserved. Section 6.2 Insurance. (a) Association's Insurance. The Association shall maintain property insurance on the General Common Elements for not less than the full insurable replacement cost thereof and commercial general liability insurance in such minimum amounts as the Executive Board may establish from time to time, as provided by C.R.S. § 38-33.3-313 of the Act, the provisions of which are incorporated herein by this reference. Each such insurance policy shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have a rating of 'LA" or better as shown in the published rating of AM Best Company. -7-
t (b) Owner's Insurance. Each Owner shall maintain such property and liability insurance with respect to its Unit as such Owner may establish from time to time. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against other Owners and the Association in connection with any damage covered by any policy. (c) Waivers. Subject to obtaining the wavier of subrogration endorsement required by the Act, the Owners release each other and the Association, and their respective authorized representatives, from any claims for damage to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. (d) Obligation to Repair or Replace. In the event of a casualty with respect to the General Common Elements, the Association shall replace the Improvements as necessary to restore them to their condition before the casualty event. As provided by the Act, the proceeds of the insurance earned by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above, provided, however, that the Executive Board shall reallocate such assessment between the East Villa and West Villa Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. Section 6.4 Restoration Upon Condemnation. (a) Total Taking. In the event of a taking of the total Real Estate by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. (b) Partial Taking. In the event of a partial taking of the Real Estate by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be -8-
entitled to receive the award of such taking and after acceptance of the award of the taking by the Owner and its mortgagees and lienholders, shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. If the taking includes all or a portion of the General Common Elements then, unless the Owners decide not to rebuild the remaining General Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such assessment between the East Villa and West Villa Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. ARTICLE 7 RESTRICTIONS ON USE Section 7.1 Nuisances and Negligence; Environmental Conditions. There shall be no noxious or offensive activities carried on, in, or upon any Unit or Common Element, and no loud noise or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be done in the Common Interest Community which may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Unit. The Executive Board shall have the right to determine if any activity, noise or odor constitutes a nuisance or annoyance; provided, however, that nothing shall prevent any Owner from enforcing the provisions of this Article by brining suit or otherwise. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on the Common Interest Community which will increase the rate of Insurance or which will result in the cancellation of such Insurance. Each Owner shall be accountable to the Association and the other Owner for the uses and behavior of its tenants or guests. Section 7.2 Structural Integrity. Nothing shall be done to any Unit or the Common Elements that will impair the structural integrity of the other Unit or the Common Elements unless prior written unanimous authorization is obtained from the Executive Board or from the other Owner, as appropriate. Section 7.3 Restrictions Upon Occupancy. Each Unit shall be used and occupied solely for, except as the Owners might otherwise agree, residential purposes only, and except as -9-
provided in this Section, no trade or business of any kind may be carried on therein. Lease or rental of a Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. Section 7.4 No Unsightliness. No unsightliness or waste shall be permitted on or in any part of the Common Interest Community. Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the General Common Elements. No Owner shall have, erect, affix or place anything on any of the General Common Elements, and nothing shall be placed on or in windows or doors of Units which would or might create an unsightly appearance. All trash shall be collected in areas designated by the Association. No wiring, television antennae, cables, satellite dishes or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized by the Association or this Declaration. Neither the Common Elements nor any part or appurtenance of or to any Unit which is visible outside the Unit, including paint color, shall be altered in appearance or modified without consent of the Association. No portion of the Common Interest Community be used in any way for any purpose which may endanger the health or unreasonably disturb the Owner of any Unit or any resident or tenant thereof. Section 7.5 Adoption of Rules and Regulations. Rules and regulations may be adopted by the Association concerning and governing the Common Interest Community. Copies of the rules and regulations shall be posted or furnished to the Owners prior to the time they become effective. The Association shall be responsible for taking all acts and making any rules and regulations as will ensure the maintenance of the Common Elements to high standards of safety, cleanliness and pleasing appearance. Section 7.6 No Violation of Rules. No Owner and no Owner's tenants, guests, or invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of Units, the use of General or Limited Common Elements, or otherwise. Section 7.7 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's tenants, guest or invitees, loss or damage shall be caused to any person or property, including the Common Interest Community or any Unit thereon, such Owner shall be liable or responsible for the same, except to the extent that such damage or loss is covered by insurance obtained by the Association, and the carrier of the insurance has waived rights of subrogation against such Owner. The amount of such loss or damage may be collected by the Association from such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including reasonable attorneys' fees) shall be secured by a lien on the Unit of such owner, as provided -10-
hereinabove, for assessments or other charges. Section 7.8 Parking of Vehicles. Parking of any and all vehicles on the Common Interest Community shall be only in the garage of a Unit or on the areas designated for parking on the Condominium Map, and subject to the rules and regulations of the Association. The Association shall have no responsibility for damage done to automobiles parked on the Common Interest Community. Section 7.9 Restrictions on Parking and Storage. No part of the Common Interest Community, including the driveway or parking areas, unless specifically designated by the Association therefor, shall be used as a parking, storage display or accommodation area for any type of trailer, camping trailer, boat trailer, hauling trailer, running gear, boat or accessories thereto, truck or recreational vehicle for in excess of three (3) hours, except as a temporary expedience for loading, delivery, emergency, etc., provided this restriction shall not restrict trucks or other commercial vehicles which are necessary for the construction or maintenance of the Common Interest Community. Repairing of vehicles in the Common Areas, outside of either Unit, shall not be permitted. Section 7.10 Leases. No Owner may lease less than that Owner's entire Unit, and all leases shall be in writing. All leases shall provide that the terms of the lease are subject, in all respects, to the provisions of this Declaration, and to the provisions of any rules and regulations, decisions or resolutions of the Association or the Executive Board. Section 7.11 Animal Restrictions. No animals, other than normal household pets shall be kept in the Units. An Owner shall be absolutely liable to the other Owner and their families and guests for any unreasonable noise or damage to the Common Elements or to any person or property caused by any animal brought or kept on the Common Interest Community by such Owner or by members of his family or his guests. Section 7.12 Observation of Laws. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Common Interest Community shall be observed. Section 7.11 Enforcement. The Association, any member of the Executive Board, and any Owner shall have the right to enforce this Declaration and the rules and regulations of the Association and the right to collect costs and expenses (including without limitation attorneys' fees) incurred in any enforcement action. -11-
ARTICLE 8 EASEMENT AND LICENSES Section 8.1 Recording Data. All easements and licenses to which the Common Interest Community is presently subject are recited in Exhibit A. In addition, the Common Interest Community may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration or on the Condominium Map. Section 8.2 Use of General Common Elements; General Common Elements Easement. Subject to the limitations herein contained, both Owners shall have the nonexclusive right to use and enjoy the General Common Elements, which shall be appurtenant to and shall pass with the title to every Unit subject to the provisions contained herein. No Owner shall be entitled to exclusively use, occupy or possess any portion of the General Common Elements, or to expand such Owner's Unit to include any portion of the General Common Elements or Limited Common Elements without the prior written authorization of the Association, and as set forth in Section 10.5 below. Each Owner shall have a non-exclusive easement over, under and across the General Common Elements. In the event of future construction within a Unit, each Owner shall also have the right, after giving written notice to the members of the Executive Board, to overdig into the Common Elements and temporarily brace any excavation or existing foundations within a Unit. After such temporary use, the constructing Owner shall, at is sole expense, restore and repair the Common Elements to the condition existing prior to such construction work. By undertaking work within the Common Elements, the constructing Owner agrees to defend, indemnify and hold harmless the other Unit and other Owner from and against all claims arising out of or relating to such construction, including without limitation for injury to persons or property and for mechanics' and materialmen's liens. Section 8.3 Nonpartitionability of Common Elements. The Common Elements shall be owned in common by the Owners and shall remain undivided. By the acceptance of such Owner's deed or other instrument of conveyance, each Owner specifically waives such Owner's right to institute and maintain a partition action or any other action designed to cause a division of the Common Elements. Each Owner specifically agrees not to institute any action therefor. Section 8.4 Easements for Improvements, Maintenance and Utilities. Reciprocal easements (between both Units and Common Elements) are hereby declared to exist over and under the Real Estate and all areas thereof for the electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing, cable lines, drainage facilities, and for the repair, replacement and -12-
maintenance of the same, as needed to service the Real Estate and/or the Units. Each Owner has the right, at its sole expense and after giving advance written notice of at least five (5) business days to the other Owner, to relocate such lines and facilities within its Unit; provided, however, that such relocation shall be accomplished without interrupting the need of the other Owner for the use of such lines or facilities (including the providing of temporary service, if necessary), except as such other Owner specifically permits. Section 8.5 Encroachment Easements. Each Owner has an easement over the other Owner's Unit for the limited purpose of accommodating any encroachment due to repair, settlement or shifting or movement of the Building, or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of the Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however that in no event shall a valid easement for encroachment occur due to the willful action of an Owner or Owners. In the event the Building is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. ARTICLE 9 RIGHT OF FIRST REFUSAL Section 9.1 Notice. In the event any Owner of a Unit (a "Selling Owner") shall wish to sell such Owner's Unit or shall receive from a third party a bona fide offer to purchase the Selling Owneris Unit, before making or accepting the offer, as the case may be, the Selling Owner shall deliver to the other Owner (the "Other Owner") a copy of the contract/offer for the sale of the Selling Owner's Unit, as well as a written notice informing the Other Owner of the Selling Owner's wish to either sell Selling Owner's Unit, or the Selling Owner's receipt from a third party a bona fide offer to purchase the Selling Owner's Unit. Section 9.2 Right to Purchase. The Other Owner shall have the right, within five (5) days of the receipt of the contract/offer and the written notice, to agree to purchase the Selling Owner's Unit on the terms and conditions set forth in the contract/offer. In the event the Other Owner elects to purchase the Selling Owner's Unit accept on the terms embodied in the contract/offer, the Other Owner must do so by executing the contract/offer and returning it to the Selling Owner within the five (5) day period. Thereafter, the rights and obligations of -13-
the Selling Owner and the Other Owner with respect to the sale and purchase of the Selling Owner's Unit shall be as provided for in the contract/offer. Section 9.3 The Other Owner's Rejection of Offer. If the Other Owner does not accept the offer to sell the Selling Owner's Unit embodied in the contract/offer within the five (5) day period provided in Section 9.2 above, then the offer to the Other Owner embodied in the Selling Owner's contract/offer shall be deemed withdrawn, and the Selling Owner shall be free for a period of sixty (60) days from the expiration of the five (5) day period to sell or offer to sell the Selling Owner's Unit to third parties on terms not less favorable than those set forth in the contract/offer, free and clear of this Right of First Refusal. In the event the Selling Owner's Unit is not sold to a third party within the sixty (60) day period, then any further offer to sell or to purchase the Selling Owner's Unit or any part thereof must first be submitted to the Other Owner in accordance with the provisions of Section 9.1 above. Section 9.4 Modification of Financial Terms of Offer. In the event the Selling Owner shall, during the aforesaid sixty (60) day period (or during a subsequent sixty (60) day period as provided in this Section 9.4, decide to revise any terms of its contract/offer so that the Selling Owner's Unit shall be offered for sale upon terms less favorable to the Selling Owner than those contained in any contract/offer previously submitted to the Selling Owner, or shall receive from a third party a bona fide offer to purchase the Selling Owner's Unit on less favorable financial terms, which offer the Selling Owner is willing to accept (such less favorable financial terms being hereinafter referred to as a "New Offer"), then the Selling Owner shall, with respect to each such New Offer, before offering the Selling Owner's Unit for sale to others on the terms embodied in the New Offer, or accepting the New Offer, as the case may be, offer to sell the Selling Owner's Unit to the Other Owner on the terms contained in the then current New Offer. The terms of the New Offer shall be embodied in a new contract/offer for the sale of the Selling Owner's Unit, which shall be submitted to the Other Owner along with the Selling Owner's written notice in accordance with the requirements of Section 9.1 above. If the Other Owner shall not accept the New Offer within five (5) days after the receipt of the new contract and the written notice referred to in Section 9.1 above, then the Selling Owner shall be free for a period of sixty (60) days from the expiration of the five (5) day period to sell or offer to sell the Selling Owner's Unit or such part thereof to third parties on terms not less favorable to the Selling Owner than those contained in the New Offer free and clear of this Right of First Refusal; provided, however, that in the event the Selling Owner's Unit or such part thereof is not sold to a third party within the sixty (60) day period, then any further offers with respect to the Selling Owner's Unit shall be -14-
submitted to the Other Owner in accordance with the provisions of Section 9.1 above. Section 9.5 Right to Avoid Non-Complying Transfer. In the event any Owner shall attempt to sell his Unit without affording to the other Owner the Right of First Refusal herein provided, such sale may be avoided by a certificate of non-compliance duly recorded in the office of the Clerk and Recorder of Pitkin County, Colorado by the Other Owner. However, in the event the Other Owner has not recorded such a certificate of non-compliance within one (1) year from the date of recording of a deed delivered in violation of this Article 9, such a conveyance shall be conclusively deemed to have been made in compliance with this paragraph and no longer avoidable. The failure or refusal of Other Owner to exercise the right to so purchase shall not constitute or be deemed to be a waiver of such right to purchase or lease when an Owner receives any subsequent bona fide offer from a prospective purchaser. Section 9.6 Exempt Transfers. In the event of any default on the part of an Owner under any first mortgage which entities the holder thereof to foreclose the 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 this Article 9, and the purchaser or grantee under such deed in lieu of foreclosure of such Unit shall be thereupon and thereafter subject to the provisions of this Declaration. If the purchaser 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 Unit free and clear of the provisions of this Article 9, but its grantee shall thereupon and thereafter be subject to all of the provisions hereof. The following transfers of a Unit are also exempt from the provisions of this paragraph: (1) The transfer of a Unit by Bonita Drive, LLC, a Colorado limited liability company; (2) The transfer by operation of law of a deceased joint tenant's interest to the surviving joint tenant(s); (3) The transfer of a deceased's interest to a devisee or devisees by will of his heirs at law under intestacy laws; (4) The transfer of an Owner's interest, in whole or in part, to a blood relative; (5) The transfer of an Owner's interest, in whole or in part, to a trust, limited partnership, limited liability company, or corporation solely for estate planning purposes; -15-
(6) The transfer of an Owner's interest by treasurer's deed pursuant to a sale for delinquent taxes; (7) The transfer of all or any part of a partner's interest as a result of withdrawal, death, or otherwise, to the remaining partners carrying on the partnership business, and/or to a partner's or partners' interests between one or more partners, and/or to persons becoming partners; and (8) The transfer of a corporation's interest to the persons formerly owning the stock of the corporation as a result of a dissolution. A transfer to the resulting entity following a corporate merger or consolidation, provided, however, that at least fifty percent (50%) of the stock of the resulting entity is owned by the stockholders of the corporation formerly owning the Unit. If the Owner of a Unit can establish to the satisfaction of the Association that a proposed transfer is not a sale, then such a transfer shall not be subject to the provisions of this paragraph. Section 9.7 Certificate of Compliance. Upon written notice of any prospective transferee, purchase or an existing or prospective mortgagee of any Unit, the Executive Board of the Association shall forthwith, or where time is specified, at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing: (1) With respect to a proposed sale under this Article 9 that proper notice was given by the selling Owner, and that the Other Owner did not elect to exercise this option to purchase; (2) 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 this Article 9, that the deeds were given in lieu of foreclosure, and were not subject to the provisions of this Article 9; and (3) With respect to any contemplated transfer which is not in fact a sale that the transfer will not be subject to the provisions of this Article 9. Such a certificate shall be conclusive evidence of the facts contained therein. ARTICLE 10 MISCELLANEOUS Section 10.1 When Consent or Authorization is Not Necessary. -16-
Notwithstanding anything in this Declaration to the contrary, whenever the consent or authorization of the Association or the Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization has obtained the consent or authorization of the remaining Owner(s) of the Common Interest Community. Section 10.2 Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify and hold the other Owner ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and attorneys' fees) of whatsoever nature occasioned by or in any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such owner's Unit, or labor, services or materials furnished to such owner or such Owner's Unit and will maintain the Other Owner's Unit entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner so to do, the other Owner shall have the right to do that which it, in its discretion, determines to be necessary to effect the release and discharge of the lien from such Other Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21%, shall be repaid by the Indemnifying Owner upon demand. Until repaid, the obligations so doing shall be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the other Owner in the applicable real property records, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees. Section 10.3 Tax Assessments. Each Unit, together with its undivided interest in the Common Elements and its interest in the Limited Common Elements appurtenant thereto, shall be deemed a separate parcel and subject to separate assessment and taxation. For purposes of such assessment, the valuation of the Common Elements shall be apportioned equally between the Units. Section 10.4 Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Declaration contained on the part of the respective Owners to be kept, discharged or performed is intended to and shall be deemed to be for the specific benefit of the other Owner to the end that, in the event of the failure or inability of the Association to enforce any provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining Owner and on his, her or its behalf to commence, maintain and obtain judgment under an action for damages, for -17-
specific performance, or for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting Owner the remaining Owner shall be entitled to his, her or its costs and reasonable attorneys' fees as a part of any judgment entered for such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. Section 10.5 Expansion Potential. Any remaining build-out potential for the Real Estate under the City of Aspen Land Use Code ("Code"), whether in terms of permitted Floor Area Ratio or otherwise, shall be deemed assigned to the two Units equally, such that: (a) in connection with the expansion of any Unit, no expansion shall exceed in size one-half the allowable square footage expansion potential for the entire Real Estate calculable under the provisions of the Code then in effect, and (b) if, subsequent to the expansion of one of the Units (the "First to Expand Unit"), the Code is amended so as to reduce the build-out potential for the Real Estate, the then remaining build-out potential shall belong and be assigned exclusively to the other Unit up to the square footage consumed in the expansion of the First to Expand Unit, and any remaining build-out potential shall belong and be assigned to the two Units equally. No expansion of a Unit into the Common Elements shall be commenced, erected or maintained until the plans and specifications showing the nature, kind, shape, heights, materials, location and approximate cost of the same, shall have been submitted to and approved in writing by the Association and any necessary local governmental agency or body so as to insure conformity and harmony of external design and relative location with existing structures comprising the Common Interest Community. Upon completion of approved alterations or additions to the Common Elements Improvements or completion of Owner build- out within a Unit, said Owner shall cause to be delivered to the Association a complete set of as-built plans. Section 10.6 Covenants Running with the Real Estate. All provisions of this Declaration shall be deemed to be covenants running with the land, or as equitable servitudes, as the case may be, and shall inure to the benefit of and be binding upon Declarant, its transferees, successors, and assigns, and to all persons hereafter acquiring or owning any interest in the Common Interest Community or either Unit, regardless of how such interest may be acquired. -18-
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this day of , 2004. BONITA DRIVE, LLC, a Colorado limited liability company By: STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2004 by Witness my hand and official seal My Commission Expires: Notary Public -19-
EXHIBIT A TO CONDOMINIUM DECLARATION OF RENAISSANCE ESTATE, A CONDOMINIUM (List of all easements and license to which the Common Interest Community is presently subject) -20-
Page 1 of 1 X-Sender: philo@water X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Wed, 15 Dec 2004 14:46:37 -0700 To: James Lindt <jamesl@ci.aspen.co.us> From: Phil Overeynder <philo@ci.aspen.co.us> Subject: 855 Bonita Drive Duplex X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Janies. This will confirm that the Aspen Water Department has no facilities in the easement area referred to below, nor do we have future plans to utilize this area. Phil Overeynder Utility Director City of Aspen At 09:40 AM 12/15/2004 -0700, you wrote: Hi Phil, FYI- John N. and I just reviewed a condominium plat for the duplex that was just completed at 855 Bonita Drive. The lot has a general utility easement around the perimeter as almost all o f the lots in the cemetery lane area do. They have installed several patios and a window well in the easement, so we are requiring that they receive a letter from you allowing for the new improvements to be maintained iii the utility easement before we will approve their condo plat. Thanks, Janies file://C:\DOCUME- 1 \.jamesl\LOCALS-1 \Temp\eud36.htm 12/15/2004
.. CONDOMOMIUM MAP OF RENAISSANCE ESTATE, A CONDOMONIUM SITUATED ON LOT 28, WEST ASPEN SUBDIVISION, FILING NO.1 RECORDED SEPTEMBER 5, 1967 IN PLAT BOOK 3 AT PAGE 252 UNDER RECEPTION NO. 128426. OWNER ' S' CERTIFICATE CITY OF ASPEN KNOW ,4LL PERSONS BY THESE PRESENTS THAT BONITA DRIVE, LLC, A COLORADO LIMITED LIABILITY COMPANY , COUNTY OF P I TK IN BEING THE RECORD OWNER OF CERTAIN LAND IN PITKIN COUNTY, COLORADO, AS DESCRIBED AS: STATE OF COLORADO LOT 21 WEST ASPEN SUBDIVISION, FILING NO. I, RECORDED SEPTEMBER 5 , 1967 IN PLAT BOOK 3 AT PAGE 252 UNDER AECEPTION NO. 128426. CONTAINING: 0.52 ACRES ./- (22,693 SO. FT. ./-1 CITY ,)F ASPEN COUNT' OF PITKIN STATE OF COLORA60 SCALE 1-- 20 DOES HEREBY CERTIFY THAT THIS MAP HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE DECLAItATION OF RENAISSANCE ESTATES A CONDOMINIUM RECORDED THE - DAY OF 200_ AS RECEPTION NUMBER IN THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO. 0 20 40 BONIT~ DRIVE, LLC, A COLORADO LIMITED LIABILITY COMPANY BY: DAVID G BERHORST, MANAGER OF DGB HOLDINGS, LLC A COLORADO LIMITED LIABILITY COMPANY, MANAGER OF BONITA DRIVE, LLC BY: SCOTT B. RUSSELL PRESIDENT OF RUSSELL LEGEND AND NOTES SOLUTIONS INC. A COLORADO CORPORATION, MANAGER O# BONITA DRIVE, LLC 0 FOUND OR SET SURVEY MONUMENT AS DESCRIBED STATE OF COLORADO) COUNT< OF PITKIN ) - FENCE THE F )REGO ING I NSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF 2004 BY DAVID G. a SURVEY CONTROL BEHRH)RST MANGER DGB HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY, MANAGER 016 BONITA TITLE INFORMATION FURNISHED BY: DRIVE, LL& PITKIN COUNTY TITLE INC. NOTAR C PUBLIC COMMITMENT NO. PCTl688 IL3 27 STATE OF COLORADO) DATED: 4 m UTILITY BOX ~ COUNTY OF PITKIN ) POSTED ADDRESS -855 AND 857- ~49 v THE F)REGO I NG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF 2004 BY SCOTT B. THIS PROPERTY LIES OUTSIDE THE 100 YEAR FLOOD PLAIN (ZONE C) AS v RUSSE-L, PRESIDENT OF RUSSELL SOLUTIONS, INC. A COLORADO CORPORATION, MANAGER OF BONITA DRIVE, LLC SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP FOR THE CITY OF ASPEN 4 PITKIN COUNTY COLORADO DATED: DECEMBER 4, 1985, COMMUNITY 0' cp 7168 NOTARY PUBLIC PANEL NO. 080143 0001 6. ~0 4 46 ww WINDOW WELL d# .0 6bp SURVEYORS ' CERT IFICATE 0* - - - UNIT BOUNDARY COMMON WALL 6, 9 /\ 2594 -6 b D|RECHON AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE BUILDING SHOWN HEREON WAS 4,1 1 JOHN M. HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED DURING DECEMBER, 2004 UNDER MY LCE LIMITED COMMON ELEMENT 42 4 *' 5 FOUND TO AE LOCATED THEREON, AS SHOWN ON TH I S COMMON INTEREST COMMUN I TY MAP . THE LOCAT ION AND / GCE GENERAL COMMON ELEMENT ~ 2 6 v EXTERIOR DIMENSIONS OF THE UNITS ARE ACCURATELY SHOWN ON TH IS MAP AND THE MAP ACCURATELY AND SUBST1NTIALLY DEPICTS THE LOCATION AND HORIZONTAL DIMENSIONS OF tHE BUILDINGS AND THE UNIT 7168 /· · 9184 BUILDING AND SITE UNDER CONSTRUCTION 112/04 42,6 DES IGyAT IONS THEREOF. 29 a SIGNE): JOHN HOWORTH, .P.L.S. 25947 Jr +90 TI TI.E CERT IFI CATE 40.11 Le B 4- Mb# THE UIDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC REGULARLY DOING BUSINESS IN PITKIN COUNTY COLORADO, DOES HEREBY CERTIFY THAT THE PERSON LIStED AS OWNER ON THIS CONDOMINIUM 4. 10 r€* I. MAP D)ES HOLD FEE SIMPLE t ITLE TO THE WITHIN REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND e (26 99€ . ENCUM 3RANCES EXCEPT THOSE LISTED IN PITKIN COUNTY TITLE COMMITMENT FOR TITLE INSURANCE ORDER NO. PCT 44 18881.3. ALTHOUGH WE BELIEVE THE FACTS ON THIS CONDOMINIUM MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED 7 4 / 0100 6~ TITLE INC NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY AS AN ABSTRACT AN OPINION OF TITLE NOR A GUARANTEE OF TI TLE AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY ':04 WHATS I)EVER 6N ANY STATEMENT CONTA I NED HERE I N 2,€5 PITKIN COUNTY TITLE, INC. 00 4' b / 1 09 40 y ASPEN, COLORADO 81611 2- 2 0/ re. 00 / 601 E. HOPKINS .0 2 41/ a DRIVE /6.'* f 90~ SIGNED: 1\/ a 99. 2 2 2 / STATE OF COLORADO) 0. r'/2/ LCE B , 7 V, e v , 1. 6 YARD COUNTY OF PITKIN ) 1 '. / VINCENT HIGENS, AS PRESIDENT OF PITKIN COUNTY TITLE, INC. Al'' / 1 csr / THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF 200-, BY b 4, '0 ' LCE A \1, ~//0, 25 NOTARY PUBLIC 4· , DRIVE ~ / /,1004 4~ / COMMUN I TY DEVELOPMENT APPROVAL SIGNE D THIS - DAY OF 200_. THIS MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN, COLORADO 4. UN IT B : 0 4/ H DISK, 930' -857- 90 YARD e COMMtNITY DEVELOPMENT DIRECTOR 7168 7168 0 • COMMLNITY DEVELOPMENT APPROVAL 6 0 S 85°39'91 10.00 LC 6 11/ THIS MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN, COLORADO 4, 44, 1,6 M SIGNED THIS - DAY OF , 200- 'O 4 - J -J , 25 COMMLNITY DEVELOPMENT DIRECTOR ,- = CLERK AND RECORDERS ACCEPTANCE \.4 ., UNIT A , tri THIS MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, e STATE OF COLORADO, AT -O 'CLOCK,_.M.THIS- DAY OF , 200_, AND RECORDED I N PLAT BOOK -855 - AT PAGE - AS RECEPT I ON NUMBER 0 ;4 S A v 6 6 1 CLERK AND RECORDERZA 2 /O. A.16 0,7 . W .0 . / 04 J 4/4 0 n 3 4 10 CN . 90 0 VICINITY MAP 00· 140 .d, 2 0, . a. '2 0% 64 VIEW EA EMENT 1k BK 466 G 481 0 '0· 0, I '4 ~ LCE A GOLF COURSE 7168, HOR I ZONTAL CONTROL PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS JOB AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION DATE BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS PROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE 12/04 321078 CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE ... ..... 83.94 S 00°37 27- FENCE ALONG