The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ex.Meadow Watch 734 W. Smuggler ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street / I' J LJ - 7,9 Aspen, Colorado 81611 '-f r I I (303) 920-5090 ' :l73S-/c:l/-7'S .... GMP/CONCEPTUAL t:7 03 GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS! CONSENT AGENDA ITEMS LAND USE APPLICATION FEES City 00113 -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 00125 00123 00115 REFERRAL FEES: -63340-205 -63340-190 -63340-163 County 00113 -63160-126 -63170-127 -63180- 1 28 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 00125 00123 00113 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113 -63080-122 -63090-123 -63140-124 -69000-145 Name: fdJ!ut ,- i Jf /1-,./ ' Address: ,')1' I Ii / r ;:, ,//./ /}1 1(J ;I , ,~-II( Check # SUBTOTAL TOTAL '7<7.0 I,;; 1,12 Phone Cf:J5" - )5/10(7 ,7 /{, Project: rr:;;c; lJ, ",fA I /i ;OJ!: ,z::,t.{,,{ "'- O? >;I( 1 n P!I '/J, n,jJ, 7' <, .~-1 ~r); Date: ....., c::;-- ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMPIGENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS! CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP, PLAN COPY FEES OTHER #ofHours: Additional billing: 'In) (V) i< ,U VU '/t'lu U,J Be'13el CITY OF 130 SOUTH ASPEN, CO 920-5000 RECEIPT '"' 133946 ASPE..... GALENA 81611 Date: 113/31/91 Time: 13 :3946 Cashier: 131 Station: 131 Reference: KLEIN-tMP FEE 734 W SMUGGLER Accoynt Number: () ~ ' Ledger Account: 15131313139139963069 Code: RV481 Amount: $16,199.913 Pro9ram: Amount tendered: CASH CHECK TOTAL CHANGE 16, 1(1~:, ~!~1 16,11313.0(1 .130 T H A N I< ",.0 CI I.' '- ~..~ ~,~k- ,/ ;;:'71 v CASELOAD SUMMARY SHEET 1/;;(~/'(I City of Aspen IlS8'/9o DATE RECEIVED:..l!/5/89 /, PARCEL ID AND CASE DATE COMPLETE~ Q - 2735-121-15-003 ~~~: , .. . M PROJECT NAME: 734 W. Smuqqler Condom1n1um1za 10 Project Address: 734 W. Smuqqler Legal Address: Lots K. L. M. Block 14 APPLICANT: Herbert & Marsha Klein and Barrv Lefkowitz Applicant Address: REPRESENTATIVE: Herb Klein Representative Address/Phone: 201 North Asnen. CO NO. Mill st.. suite 203 81611 5-8700 PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO , I'"' \ ~1: \\)0-0 0<, r "'5- VESTED RIGHTS: YES NO . (1 '~ (\ Y1- -c, r iX~ CC Meeting Date 4'~ PUBLIC HEARING: ~~ C::-C',J:...e..I~~ VESTED RIGHTS: YES ~" - ~ Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: REFERRALS : City Attorney ,/ City Engineer Housing Dir. Aspen Water city Electric Envir. Hlth. Aspen Consolo S.D. School District Rocky Mtn Hat Gas State Hwy Dept(GW) State Hwy Dept(GJ) DATE REFERRED: Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork I ./ rJ:nerqy Center Id'1 1-0 ~fM\--- INITIALS: Other ~ , FINAL ROUTING: DATE ROUTED:~ /cJ ~/ 'i'1 INITIAL: ~ .....1:.. City. Atty ~ city Engineer X Zoning y Hous1ng --:x.- Other: b 1\ ()-c'd" Q . FILE STATUS AND LOCATION: (!)J::I'if C1.LJiv ~ l"--'" Env. Health -, ,.~'- (;/~~--L -.. ORDINANCE NO. 72 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF 734 WEST SMUGGLER, LOTS K, L, M, BLOCK 14. WHEREASr pursuant to section 7-1007 of the Aspen Land Use Coder a Condominiumization is a subdivision exemption by the City Council; and WHEREAS, Herb Klein has submitted an application for the condominiumization of Meadow Watch located at 734 West Smuggler; and WHEREAS, the Engineering Departmentr having reviewed the application has made referral comments; and WHEREAS, the Planning Officer having reviewed the - )-' application pursuant to Section 7-1007, and having reviewed the referral comments from Engineering recommends approval with conditions; and WHEREAS, the Aspen City Council having considered the planning Department's recommendations for condominiumization does wish to grant the requested subdivision exemption for Meadow Watch, 734 West Smuggler. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby grant a subdivision exemption for condominiumizationr with the following conditions of approval: 1. Prior to signature of the final plat - ,- '-' a. the plat shall show a date of the survey within the last 12 months, b. the plat shall show all the easements as indicated on Title Policy No,____, dated c. the vicinity map must be completed and indicate which zone district the property is in. d. the plat must state what is the basis of bearings. e. the curb and gutter on smuggler street and the pavement on 7th street shall be indicated on the plat. f. the plat shall indicate the location of the water meter and shut off valve, the correct location of the existing gas meter/valve and the electric meter. g. the common elements and 1 imi ted common elements such as , , t mechanical rooms, utility areas, and storage units shall be indic&ted on the plat, h. the plat shall indicate unit designation in a consistent manner. i. the applicant shall pay an affordable housing impact fee of. $8050 per unit. The $16r 100 shall be payable to the Finance Director with a receipt to the Housing Authority. j. the applicant shall record, in the real estate records of Pitkin County a six month minimum lease deed restriction, for both units, with not more than two shorter tenancies per year, to be approved by the Housing Authority. section 2: That the City Clerk be and hereby is directed, upon the \ J 2 ............ -'"- ,.."" adoption of this ordinancer to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. ' section 3: If any section, subsection, sentencer clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 4: Nothing in this ordinance shall be construed to affect any rightr duty or liability under any ordinance in effect prior to the effective date of this ordinancer and the same shall be continued and concluded under such prior ordinances. '; " section 5: ; --_.-'- A public hearing on the Ordinance shall be held on the 17 day of Decemberr 1990 at 5:00 P.M. in the city Council Chambers, Aspen city Hal1r Aspen Co1orador fifteen (15) days prior to which hearing a _puh1ic notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. City of Aspen on the provided by c:2 (." C4L..- day law, INTRODUCED, READ AND ORDERED PUBLISHED as by the City council of the 77A-1~/(/ of r 1990. ~~~- William L. Stirling, Mayor ATTEST: . ~~A~2ct~{rerk FINALLY, adopted, passed and approved this /1-11? 3 day of I ) c .b~ , 1990. ATTEST: ~ meadow.ord.cc \ ) ..-- ~.~~ William L. Stirling, Mayor 4 ,.., " , MEMORANDUM TO: Mayor and Council FROM: Leslie Lamont, Planner THRU: Carol O'Dowd, City Manager ,'I~ Amy Margerumr Planning Director~ THRU: RE: Meadow watch, 734 West Smuggler, Subdivision E~m~tion for Condominiumization, First Reading Ordin~nce~~ DATE: November 26r 1990 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant has requested a subdivision exemption for condominiumization of Meadow Watch, 734 West Smugglerr Lot Kr L, M, Block 14r a duplex. Staff recommends approval of Ordinance~ (Series of 1990) on first reading. . ~ COUNCIL GOALS: The condominiumization of Meadow Watch complies with Goals 14 and 15. PROBLEM DISCUSSION: Pursuant to section 7-1007 condominiumization is exempt from subdivision and shall be reviewed by the Council. The applicant proposes to condominiumize a newly constructed duplex. section 7-1007 A of the Land Use Code requires the following for the condominiumization of a residential building: a. Existing tenants must be notified that the units are for sale. There are no existing tenants as this is a newly constructed building. b. Minimum lease period restricted to six month m1n1mum leases, with no more than two shorter tenancies per year. According to the applicationr Meadow Watch will be restricted by agreement between the applicant and the city of Aspen to, six month minimum lease, with not more than two shorter tenancies per year. This agreement will be duly recorded in the real estate records of Pitkin County to ensure compliance with the lease restriction and evidences the applicant's compliance with the minimum lease requirements of the Code as required by section 7-1007 (B) (2) (c) (2). c. Affordable Housing Impact Fee. The applicant shall pay an impact fee of $8 r 050.00 per unit for a total of $16,100.00 as required for three-bedroom or larger dwelling units. d. Inspection of the proposed condominium by the Building Department. Throughout the construction process the building has been inspected by the Building Department. The project will be PROPOSED MOTION: on First Reading. "Move to read Ordinance No. -' Series of 1990r "Move to approve Ordinance No. Reading. r Series of 1990, on First CITY MANAGER COMMENTS: Attachments: Ordinance No. ~ngineering Referral Comments meadow.cc o 3 I a. the p~at shall show a date of the survey within the last 12 months. b. the plat shall show all the easements as indicated on Title Policy No.____, dated c. the vicinity map must be completed and indicate which zone district the property is in. d. the plat must state what is the basis of bearings. e. the curb and gut~er on Smuggler street and the pavement on 7th street shall be indicated on the plat. f. the plat shall indicate the location of the water meter and shut off valver the correct location of the existing gas meter/valve and tbe electric meter. g. the common elements and limited common elements such as mechanical rooms, utility areasr and storage units shall be indicated on the plat. h. the plat shall indicate unit designation in a consistent manner. i. the applicant shall pay an affordable housing impact fee of $8050 per unit. The $16rl00 shall be payable to the Finance Director with a receipt to the Housing Authority. j. the. applicant shall recordr in the real estate records of Pitkin County a six' month minimum lease deed restriction, for both units, with not more than two shorter tenancies per year, to be approved by the Housing Authority. 2. Prior to second reading the applicant shall submit plans indicating the number of bedrooms in each unit and therefore how 2 , I by the City council of the city of Aspen on the , 1990. day of william L. stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adoptedr passed and approved this , 1990. day of william L. stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk meadow. ord. cc 4 ... .............. - ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81611 (303) 920-5090 October 4, 1990 Herb Klein 201 North Mill street Aspenr CO 81611 Re: 734 West smuggler Condominiumization (Meadow watch) Case # A58-90 Dear Herbr We have scheduled this application for review by the Aspen City council on Monday, November 12 r 1990 at a meeting to begin at 5:00 p.m. The Friday before the meeting dater we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant -) .~/rV ~ ,...,,, MEMORANDUM TO: city Engineer FROM: Leslie Lamontr Planning Office RE: Meadow Watch Condominiumization Parcel ID# 2735-121-15-003 DATE: October 4, 1990 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your Klein requesting Smuggler Street. review and comments is an application from Herb approval for condominiumization of 734 West Please return your comments to me no later than October 26, 1990. Thank you. __,..,.J,._.__,._.___ ~"" ",-,./ ASPEN/PITKIN PLANNING OFFICE 130 s. Galena street Aspenr Colorado 81611 (303) 920-5090 Herb Klein 201 North Mill streetr Ste. 203 Aspen, CO 81611 RE: 734 West Smuggler street Dear Herbr This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. We are unable to schedule it until we receive the condominium plat. I have enclosed a copy of the checklist that the City Engineering Department uses to review condominium plats for your information. Alsor the applications fees increased as of January 1r 1990. In MaYr 1989 you submitted $780.00. The current fee is $870.00r therefore, an additional $90.00 is due. If you have any questions please call Leslie Lamont. Thank you. SincerelYr Debbie Skehan Administrative Assistant ds ~ fPr/ ?--o /1/(j- ,.... """ --- """'''' LAW OFFICES OF HERBERT S. KLEIN HERBERT S, KLEIN RICHARO S, CROFT' "aJsollllmilllll in Florida PROFESSIONAl CORPORATION 201 NORTH MILL STREET SUITE 203 ASPEN, COlORADO 81611 (303)925-8700 TELECOPIER (303) 925-3;77 SEP 2 0 Il8) September 18, 1990 Leslie Lamont City of Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Condominiumization Review for 734 West Smuggler Street Condominiums Dear Leslie: In May of 1989, I submitted an application with your office for condominiumization approval for the above described project. At that time, construction of the two unit townhouse project had not yet begun. You and I met to discuss the application and we paid the fees for its processing in the amount of $780.00. Shortly after the application was submitted, I received a phone call from Alan Richman, then Planning Director, advising me that because the construction of the project had not yet commenced, an additional hearing with the Planning Commission would be necessary because the condominiumization review would, under such circumstances, involve review of "property to be used for condominiums". Alan suggested that I wait until the townhouses were erected before filing for condominiumization approval and thus avoid this extra step in the review process. The structures have now been erected and the project is known as the Meadow Watch Townhomes. I am enclosing revised Condominium Declarations which are similar to those previously submitted to you except that the name of the project is changed and the provisions dealing with the future construction of improvements is deleted. We are in the process of having our condominium plat prepared and will provide it to you shortly. It is my understanding of the procedures that the Condominium Declaration and application contents are reviewed at a City Council meeting and the plat is reviewed by the Engineering Department prior to its recording. The condominiumization impact fees are also due upon recording of the plat. '_.'.-". '"~<",,, Leslie Lamont September 18, 1990 Page 2 I am enclosing copies of the original application, the pre- application conference summary, the receipt for filing fees and the new Condominium Declaration. Would you kindly schedule this application for review at the next available City Council meeting. Please call me if you have any questions concerning the enclosed. Thank you very much for your cooperation. Please advise me when the hearing date has been established. Very truly yours, HERBERT S. KLEIN P~FESSIONAL CORPORAT~/~~ By: ",~ '\.... Herb t S. Klein / -- HSK.per\57 Enclosures .........,,'.,-..... ';'" "'".. '.,,-.~'~;';':"-' ,'." , ,', ....1,.'. ..."c_, '-...-- , APPLICATION FOR SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION FOR 734 WEST SMUGGLER STREET CONDOMINIUMS TO: Pitkin County Planning Office FROM: Herbert S. Klein, Attorney for Applicants DATE: May 1, 1989 APPLICATION SUMMARY This Application is submitted pursuant to Section 7-1008 of the City of Aspen Land Use Code for the condominiumization of a parcel of land containing two detached dwellings located on Lots K, L, and M, Block 14, City of Aspen, The parcel is located at the corner of Seventh and Smuggler Streets and lies within the R- 6 Residential Zone, The parcel contains 9,000 square feet. An improvements survey is attached at Figure 1 and a vicinity map is attached at Figure 2. Pursuant to Section 6-202 of the City of Aspen Land Use Code the following Application contents are hereby submitted: 1. Identification of Applicant. property are identified as follows: The owners of the Herbert and Marsha Klein 831 West Bleeker Street Aspen, Colorado 81611 (303) 920-1468 Barry Lefkowitz P.O. Box 364 Aspen, Colorado 81612 (303) 925-2146 2. Street Address and Legal Description. The property is located at 734 West Smuggler Street and is legally described as Lots K, L, M, Block 14, City of Aspen, County of Pitkin, state of Colorado. 3. Disclosure of Ownership. The ownership of the parcel is vested in the above named Applicants. The undersigned attorney hereby certifies that he has reviewed the title to subject property and has verified ownership in the name of the above described Applicants. The property is subjec't to a mineral reservation contained in a Deed from the City of Aspen recorded in Book 59 at Page 386, and a Deed of Trust for the benefit of Ute City Mortgage Company recorded in Book 537 at Page 881, which mortgage was assigned to Republic Savings and Loan Association by Assignment Agreement recorded in Book 537 at Page 887. There are no other matters of record affecting the subject property. 4. ComQliance,of proposed Development. 'I'he condominiumization of this property is permitted by Section 7-1008 and satisfies all of its substantive requirements. A discussion of these requirements is contained in the following -" ........ Sections of this Application. The property is subject to procedural processing requirements for a Subdivision Exemption requiring a one-step hearing with the City Council as provided for in Section 7-1003 A.3. 5. Section 7-1008 Condominiumization Requirements. a. Purchase Rights of Existing Tenants. The Applicant agrees to provide any existing tenants in either of the units on the property at the time of recording the Plat for the condominium conversion with a notice informing them of any offering for sale as a condominium of the unit within which they reside and the sale price. Such tenant shall be provided a 90 day non-assignable option to purchase the unit at said price. In addition, the Applicant shall provide each such tenant with a 90 day exclusive non-assignable right of first refusal to purchase the unit which shall commence when a bona fide offer is made by a third person and accepted by the owner. In the event that the offer is made while the initial 90 day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less. b. Minimum Lease A~eement. The property lies within the R-6 Zone and the Applicant agrees that upon recording of the Plat for the condominiumization, the units will be restricted to 6 month m'inimum leases with no more than two shorter tenancies per year. c. Affordable Housing Impact Fee. The Applicant agrees to pay the applicable affordable housing impact fee as set forth in Section 7-1008 A.l.c.(3) of the City of Aspen Land Use Code at the time of recording the Condominium Plat Map. d. ~plication. Section 7-1008B Procedure Contents of i) The condominiumization of the residences located on the property will include the rights of tenants to notice and right to purchase the unit that is being condominiumized upon its sale as provided for in Section 7-1008 A,l.a. and the Applicant will agree to place such restriction of record in the form of a document to be approved by the Ci ty Attorney. ii) The Applicant will agree to the 6 month minimum lease restriction with a maximum of two shorter periods per year in the form of a deed restriction which shall be approved by the City Attorney and placed of record at the time of recording the condominium plat. 6. No Adverse Impact on Affordable Housing:. Affordable housing is presently defined in Section 3-101 of the City of Aspen Land Use Code as meaning " those dwelling units ,....... ....... restricted to the housing size, type, income and occupancy guidelines or approval of the City Council and its housing designee. " The residential units on the property are not restricted "affordable housing" units and, therefore, there will be no adverse impact on such units. The Applicant has agreed to pay the affordable housing impact fee which is designed to mi tigate any adverse effects of condominiumization on the affordable housing inventory. Historically, rents charged for the residential units on the property have been significantly in excess of affordable housing rental guidelines. 7. Condominium Documents. proposed Condominium Declarations are attached hereto as Exhibit A. 8. Building Inspection. The Applicant anticipates that a building inspection as provided for in Section 7-1008 A.l.d will be undertaken prior to Council review of this Application. Respectfully Submitted, HERBERT S. KLEIN, PROFESSIONAL CORPORATION J , By: " , /-; Herb~rt S. Klein, Attorney for Applicant 201 North Mill Street, Aspen, Colorado 81611 (303) 925-8700 /'-...'-"." #203 \1878 "~ ~, CITY OF ASPEN ~RE-APPLICATION CONFERENCE ~~ARY PROJECT:q.<~ L/ w. Sh'lllssl.ef S\-, {)owJbfY\iniLlYn S APPLICANT'S REPRESENTATIVE:~k \ ~i h. REPRESENTATIVE'S PHONE:--9.0. ') - ~.::}-OcJ OWNER'S NAME: --'-1 Q,{"'\n -kW i Y'\ , , 'SUMMARY Type of Application: \'o'Y'\(~C1"",iV\;l'\'\i .rod-ion 1. 2: Describe action/type of development being requested: ('('\Y\doVV\iV\~m"'i<l'1J,~ ,far :;)'clwcdl,nj \In;t.J 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Areal Referral Aqent Comments &5'\~~0f';~ 4. Review is: (P&Z Only) then to CC) 5. Public Hearing,: ~ 6. Number of copies of the application to be submitted: ~ 7. What fee was applicant requested to submit:-::::zcx, + R"Cl B. Anticipated date of submission: ~;:~ 9. COMMENTS~UE CONCERNS: (Y':"'IS; "") (' QOv\ C\:')lW'\ ~ 0.. frm.pre_app '''', "......... CONDOMINIUM DECLARATION FOR MEADOW WATCH TOWNHOMES (A Condominium) WHEREAS, Herbert S. Klein, Marsha L. Klein and Barry Lefkowitz (hereinafter collectively referred to as "Declarant"), is the owner of the real property situated in the County of Pitkin, state of Colorado, described as Lots K, L, M, Block 14, City and Townsite of Aspen. WHEREAS, the said real property is presently developed with two residential dwelling units; and WHEREAS, Declarant desires to create a condominium project on said property under the Condominium Ownership Act of the State of Colorado, and to establish thereby a plan for the ownership in fee simple of real property estates consisting of the area or space contained in each of the Units, as hereinafter defined, and the ownership of the individual and separate owners thereof, as tenants in common, of all of the remaining real property hereinafter defined and referred to as the "Common Elements". NOW THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, uses, restrictions, limitations and obligations shall be deemed to run with the land, shall be a burden upon and a benefit to Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, the following definitions shall apply: (a) "Unit" means each of the two (2) individual air spaces contained wi thin the interior surfaces of the perimeter walls, floors, ceilings, windows, doors and built-in fireplaces, if any, of each building; all fixtures and improvements therein contained; and the structural components thereof; which Units are shown on the Condominium Map and identified thereon by the designations Unit A and Unit B. (b) "Condominium Unit" means a Unit together with the undivided interests in the Common Elements appurtenant to such Unit. (c) "Owner" means the person or persons or entity or entities, including Declarant, who owns fee simple title to a Condominium Unit. The term, Owner, shall not include the owner or owners of any lesser estate or interest. (d) "Mortgage" means any mortgage, deed of trust, or other security instrument by which a Condominium Unit or any part thereof is encumbered. .'''''.. ,"",", (e) "Mortgagee" means any person or entity named as the mortgagee or beneficiary under any mortgage which encumbers the interest of any Owner. (f) "Common Elements" means all of the Project', except the portions thereof which constitute the Units, including, without limi tation, (i) all of the Real Property; (ii) the party wall dividing Units A and B as shown on the Condominium Map; (iii) any utilities and equipment which provide central services for both Units, such as tanks, pumps, motors, lawn irrigation equipment and pipes, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating and air conditioning and, in general, all apparatus and installations existing for common use; and (iv) all other parts of the buildings necessary or convenient to its existence, maintenance and safety or normally in common use. (g) "General Common Elements" means all Common Elements, except Limited Common Elements as hereinafter defined. (h) "Limited Common Elements" means any portion of the Common Elements subject to the exclusive use by the Owner of a particular Condominium Unit. The Limited Common Elements shall include the exterior walls, doors, windows, roof, balconies and decks, foundation and garage of each Unit, portions of the Real Property designated as Limited Common Elements and such other features as are so designated on the Condominium Map. (i) "Real Property" means the land situated in Pitkin County, Colorado, described as Lots K, L, M, Block 14, City and Townsite of Aspen. (j) "Project" means the Real Property and all and other improvements now or hereafter located on Property, and all rights, easements and appurtenances thereto. buildings the Real belonging (k) "Condominium Map" means the Condominium Map for the Project filed or to be filed in the records in the office of the Clerk and Recorder of Pitkin County, Colorado. (1) "Managing Agent" means the person or entity which shall be selected and appointed by the Owners of the Units pursuant to the provisions of Paragraph 12 of this Declaration. 2. DIVISION INTO CONDOMINIUM UNITS. The Project is hereby divided into two (2) Condominium Units designated as Condominium Unit A and Condominium Unit B on the Condominium Map, each consisting of a separate fee simple estate in the particular Unit and a 50% undivided fee simple interest in the Common Elements. 3. INSEPARABILITY OF A UNIT. Each Unit and the undivided interests in the Common Elements appurtenant thereto shall be inseparable and may be conveyed, leased, encumbered, devised or - 2 - p-"'" ~,,' ". inherited only as a Condominium Unit. 4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgage, trust deed, will, or other instrument may legally describe a Condominium Unit by its identifying Unit designation, followed by the words, "Meadow Watch Townhomes, a Condominium", with further reference to the recorded Declaration and Map. Every such description shall be deemed good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit but also the Common Elements appurtenant thereto. Declarant shall have the right to change the name of the Condominium Project by recording a notice thereof in the real property records of Pitkin County. Thereafter said condominiums shall be known and described by the name set forth in such notice, such name change shall not be deemed an amendment to this Declaration. 5. SEPARATE ASSESSMENTS AND TAXATION - NOTICE TO ASSESSOR. Declarant shall give written notice to the Assessor of Pitkin County, Colorado, of the creation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and taxation. 6. TITLE. A Condominium Unit may be held and owned by more than one person as joint tenants or as tenants in common, or in any real property tenancy relationship recognized under the laws of Colorado. 7. NONPARTITIONABILITY OF COMMON ELEMENTS. The Common Elements shall be owned in common by the Owners as hereinabove provided, and there shall be no judicial or other partition of the Common Elements or any party thereof, nor shall any Owner bring any action seeking partition thereof. 8. USE OF UNITS; COMMON ELEMENTS. Each Owner shall be entitled to exclusive ownership and possession of his Unit and to the exclusive use of the Limited Common Elements appurtenant thereto. Each Owner may use the General Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. 9. USE AND OCCUPANCY. Each Condominium Unit shall be used and occupied for residential purposes only. No Owner, lessee, or other occupant of a Condominium Unit shall create a nuisance, engage in any activity hazardous to the Project, or do anything detrimental to the appearance of the Project. No Owner, lessee, or other occupant of a Condominium Unit shall, without the prior written consent of the Owner of the other Condominium Unit: (a) temporary or Cause or otherwise, permit or any any outside storage, whether trailers, boats, motor homes, - 3 - ----- ,---'- '""--.." motorcycles, equipment and similar types of personal property; except that the foregoing shall not be deemed to prohibit outside parking of automobiles which are currently in use by such Owner, lessee, or other occupant or by their guests and invitees. (b) Notwithstanding the foregoing, activities which are reasonably related to the construction of improvements or the Real Estate shall not be subject to the above described restrictions. 10. EASEMENTS FOR ENCROACHMENTS. If any portion of the Common Elements now or hereafter encroaches upon a Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of a Unit now or hereafter encroaches upon the Common Elements or upon an adjoining Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. For title or other purposes, such encroachment and easements shall not be considered or determined to be encumbrances either on Common Elements or the Units. 11. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of the Owner thereof or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the Unit of any other Owner not expressly consenting to or requesting the same, or against the interests in the Common Elements owned by such other Owners. Each Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the Owner's Unit at such Owner's request. 12. ADMINISTRATION AND MANAGEMENT. A Managing Agent shall be appointed to manage the interests of the Owners in the Common Elements and to fulfill the duties and obligations with respect to the Project as hereinabove set forth. The Managing Agent shall be appointed by the mutual written agreement of the Owners and, when so appointed, shall serve only with the continued mutual consent of the Owners. In the event that the Owners are unable to agree as to the appointment or continuation of a Managing Agent, then the Owner of Condominium Unit A shall have the right to appoint the Managing Agent for the even-numbered calendar years and the Owner of Condominium Unit B shall have the right to appoint the Managing Agent for the odd-numbered calendar years. Any Managing Agent appointed hereunder may also be an Owner. The Managing Agent shall consult with the Owners on all major decisions involving the administration of the Project. The Managing Agent shall cause notice of his appointment to be placed on record insofar as required by law or practice. Herbert S. Klein is appointed as the initial Managing Agent hereunder, - 4 - ".--, .....", 13. RESERVATION FOR ACCESS MAINTENANCE, REPAIR AND EMERGENCIES. The Managing Agent shall have the irrevocable right to have access to each Unit from time to time during reasonable hours as may be necessary for the inspection, maintenance, repair or replacement of any of the Common Elements thereon or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Elements or to another Unit. Damage to the interior of a Unit resulting from maintenance, repair, emergency repair or replacement of any of the Common Elements or as a result of emergency repairs wi thin a Unit shall be a Common Expense of all of the Owners; provided, however, that if such damage is the result of the negligence of an Owner, then such Owner shall be responsible for all of such damage. 14. OWNER'S RESPONSIBILITIES FOR MAINTENANCE AND REPAIR. Each Owner shall, at his sole cost and expense, keep and maintain (i) his Unit, including without limitation, the interior thereof, the structural components thereof, and the utilities and equipment therein which provide services exclusively for his Unit, and (ii) the Limited Common Elements appurtenant to his Unit, including without limitation, the exterior walls, doors, windows and roof of his Unit, the decks and porches, and the yard area; in good condition and repair and in a neat and orderly appearance. No Owner shall make any alterations, changes or improvements to the Limited Common Elements appurtenant to his Unit, including without limitation, the exterior walls, doors and roof of his Unit and the color and type of paint or other finishing material used thereon, fencing, landscaping, and permanent outdoor furniture or equipment, without the prior written consent of the Owner of the 'other Unit, which consent shall not be unreasonably withheld. 15. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each Owner shall comply strictly with the provisions of this Declaration or as the same may be lawfully amended from time to time. Failure so to comply shall be grounds for an action to recover sums due and for damages or injunctive relief or both, maintainable by the Managing Agent (where appropriate) or by an aggrieved Owner. The prevailing party in such action shall be entitled to recover reasonable attorney's fees. 16. REVOCATION OF AMENDMENT TO DECLARATION. Except as provided for in Paragraph 30 and subject to the provisions of Paragraph 31, this Declaration shall not be revoked nor shall any of the provisions herein be amended unless the Owners of all Units, and all of the holders of any recorded Mortgage or deed of trust covering or affecting any or all Condominium Units consent and agree to such revocation or amendment by instrument(s) which shall be duly recorded. 17. ASSESSMENT FOR COMMON EXPENSES. The Owners shall be obligated to pay the assessments imposed by the Managing Agent to meet the Common Expenses incurred in connection with the Project. The assessments for the Common Expenses shall be made pro rata - 5 - ----------. - "....... according to each Owner's fractional interest in the Common Elements. The Managing Agent shall prepare and deliver to each Owner an itemized statement showing the estimate or actual Common Expenses for which the assessments are made and the pro ration thereof between the Owners, and payment thereof shall be due in advance as determined by the Managing Agent. The omission or failure of the Managing Agent to fix the assessments for any period of time shall not be deemed a waiver, modification, or release of the obligation of the owners to pay the same. Assessments for Common Expenses to be made by the Managing Agent shall include, but not by way of limitation: real estate taxes and special assessments attributable to the land, until separately assessed; and landscaping, irrigation and care of grounds; premiums for the insurance coverages provided for herein except that the owner of each unit shall pay the portion of the insurance premium reasonably attributable to the insured value of such unit; utilities which are for common use by both Units or for common elements; legal and accounting fees; expenses of management and liabilities incurred by the Managing Agent under or by reason of this Declaration. 18. INSURANCE. (a) The Managing Agent shall obtain and maintain (i) casualty insurance on the Project and the Units covering loss or damage by fire and such other hazards as are covered under standard extended coverage policies for the full insurable replacement cost thereof, (ii) comprehensive public liability insurance and property damage insurance with respect to the ownership, use and operation of the project in such amounts as the Managing Agent or the Owners may deem appropriate, and (iii) such other insurance with respect to the proj ect or the operation thereof as the Managing Agent or the Owners shall deem appropriate. (b) Such insurance policies shall, to the extent possible, (i) contain a standard mortgage clause endorsement in favor of the mortgagee of any Condominium Unit, (ii) provide that the policy shall not be modified or cancelled without at least 10 days prior written notice to the Managing Agent, each Owner, and each mortgagee covered by the standard mortgage clause endorsement, (iii) provide that the policy cannot be modified or cancelled by reason of the conduct of the Managing Agent or of any Owner, and ( i v) provide for a waiver of subrogation by the insurer as to claims against 'the Managing Agent and any Owner. (c) Except to the extent that coverage therefor may be obtained by the Managing Agent, each Owner shall be responsible, at his own cost, for obtaining casualty insurance coverage on the contents of his Unit and liability insurance coverage with respect to occurrences within his Unit. 19. OWNER'S PERSONAL OBLIGATION FOR PAYMENT OF ASSESSMENTS. The amount of the Common Expenses assessed or incurred shall be the personal and individual debt of the Owners. Sui t to recover a - 6 - ,.... - money judgment for unpaid Common Expenses shall be maintainable by the Managing Agent, or any aggrieved Owner without foreclosure or waiving the lien securing same. No Owner may exempt himself from liabili ty for his contribution towards the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit. 20. LIEN FOR NONPAYMENT OF COMMON EXPENSES. ( a) All assessments due or unpaid for the share of Common Expenses chargeable to the Owner of a Condominium Unit, including interest thereon at twelve percent per annum, shall constitute a lien on such Owner's Condominium Unit superior (prior) to all other liens and encumbrances except; (i) tax and special assessment liens on the Condominium Unit in favor of any assessing entity; and (ii) all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance, including additional advances, refinance or extension of these obligations made thereon prior to the arising of such a lien. (b) To evidence such lien, the Managing Agent or any aggrieved Owner may, but shall not be required to, prepare a wri tten notice setting forth the amount of such unpaid indebtedness, the name of the defaulting Owner of the Condominium Unit and a description of the Condominium Unit. Such a notice shall be signed by the Managing Agent or aggrieved Owner, as appropriate, and may be recorded in the office of the Clerk and Recorder of the County of Pitkin, State of Colorado. Such lien for the Common Expenses shall attach from the date of the failure of payment of the debt, and may be enforced by foreclosure on the defaul ting Owner' s Condominium Unit by the Managing Agent or aggrieved Owner, as appropriate, in like manner as a mortgage or deed of trust on real property upon recording of a notice of claim thereof. In any such foreclosure the defaulting Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney's fees. The foreclosing party shall have the power to bid in the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. (c) The amount of the Common Expenses chargeable against the Condominium Units 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 by the Managing Agent or aggrieved Owner to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same. (d) Any encumbrancer holding a lien on the Condominium Units may pay any unpaid Common Expense payable with respect to such Unit, and upon such payment such encumbrancer shall have a lien on such Unit for the amounts paid of the same priority as the - 7 - ,.~ "'..,.Y'.- lien of his encumbrance. 21. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF CONDOMINIUM UNIT. ( a) Upon payment of a reasonable fee not to exceed ten dollars and upon the written request of any Owner or any Mortgagee or prospective Mortgagee of a Unit, the Managing Agent shall issue a written statement setting forth the amount of the unpaid Common Expenses, if any, with respect to the Unit, the amount of the current assessment and the date such assessment becomes due, credit for advance payments or for prepaid items, including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness is complied with within ten days, all unpaid Common Expenses which become due prior to the date of making such request shall be subordinate to the lien of the person requesting such statement. (b) The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportionate share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that upon payment of a reasonable fee not to exceed ten dollars, and upon written request, any prospective grantee shall be entitled to a statement from the Managing Agent, setting forth the amount of the unpaid ~ssessments, if any, with respect to the subject Unit, the amount of the current quarterly assessment and the date that such assessments become due, credit for advance payments or for prepaid items, including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement. Unless such request for a statement of indebtedness shall be complied with wi thin ten days of such request, then such grantee shall not be liable for, nor shall the Unit conveyed by subject to a lien for, any unpaid assessments against the subject Unit. 22. MORTGAGING A CONDOMINIUM UNIT PRIORITY. Any Owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The Owner of a Condominium Unit may create junior mortgages on the following conditions: (1) Any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for common expenses, and other obligations created by this Declaration; (2) The Mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises which insurance policies were effected and - 8 - """ - placed upon the mortgaged premises by the Managing Agent or other Owners. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Managing Agent or Owner of the other Unit. 23. ATTORNEY-IN-FACT IN CASE OF DESTRUCTION OBSOLESCENCE, OR CONDEMNATION. This Declaration hereby makes mandatory the irrevocable appointment of an Attorney-In-Fact to deal with Condominium Units upon their destruction, obsolescence, or condemnation. Title to both of such Condominium Units is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant(s) or from any Owner shall constitute appointment of the Attorney-In-Fact herein provided. The Owners irrevocably constitute and appoint the Managing Agent, from time to time appointed pursuant to this Declaration, their true and lawful attorney in their name, place and stead for the purpose of dealing with the property upon its destruction, obsolescence, or condemnation as is hereafter provided. Said Attorney-In-Fact shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with respect to the interest of a Condominium Unit Owner which are necessary or appropriate to reconstruction of the improvements as used in the succeeding subparagraphs means restoring the improvements to substantially the same condition in which they existed prior to the damage, with each Uni t and the Limited Common Elements appurtenant thereto having the same vertical and horizontal boundaries as before. The proceeds of any insurance collected or condemnation award shall be available to the Attorney-In-Fact for the purpose of repair, restoration, replacement or disbursement in accordance with the provisions set forth hereinafter. 24. DESTRUCTION. (a) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvements, shall be applied by the Attorney-In-Fact to such reconstruction, and the improvements shall be promptly repaired and reconstructed. The Attorney-In-Fact shall have full authority, right and power, as Attorney-In-Fact, to cause the repair and restoration of the improvements. (b) If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Attorney-In-Fact, using the proceeds of insurance and the proceeds of an assessment to be made against the Owners and their Condominium Units. Such deficiency assessments shall be a Common Expense and made pro rata according to each Owner's fractional interest in the Building Common Elements, and shall be due and payable within thirty days after written notice thereof. The repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The - 9 - ",..., "".,,,,- assessment provided for herein shall be a debt of each Owner and a lien on his Condominium Unit may be enforced and collected as is provided for in Paragraph 20. In addition thereto, the Attorney-In-Fact shall have the absolute right and power to sell the Condominium Unit of any Owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Attorney-In-Fact shall cause to be recorded a notice that the Condominium Unit of the proceeds derived from the sale of such Condominium Unit shall be used and disbursed by the Attorney-In-Fact, in the following order: (1) For payment of the balance of the lien of any first mortgage; (2) For payment of taxes and special assessment liens in favor of any assessing entity; (3) For payment of unpaid Common Expenses; (4) For payment of junior liens and encumbrances in the order of and to the extent of their priority; and (5) The balance remaining, if any, shall be paid to the Condominium Unit Owner. (c) Notwithstanding the foregoing, if any of the Owners and all of the first mortgagees shall agree in writing not to rebuild and restore the improvements, then the Attorney-In-Fact shall sell the Project and the sale proceeds, together with the insurance proceeds, shall be apportioned between the Owners of the Condominium Units on the basis of each Owner's fractional interest in the Common Elements as follows: (1) First, the insurance proceeds, if any, shall be apportioned between the Owners based upon their fractional interests in the Building Common Elements. ( 2 ) Secondly, the proceeds of the sale attributable to the land shall be apportioned between the Owners based upon their fractional interests in the Land Common Elements. In the event the Owners are unable to agree as to the land, then the same shall be determined by a real estate appraiser selected by the mutual agreement of the parties, or if the parties are unable to so agree then by a real estate appraiser selected by the presiding judge of the Pi tkin County District Court, and the determination of said real estate appraiser shall be binding and conclusive. (3) Thirdly, the balance of the proceeds of sale, if any, shall be apportioned between the Owners based upon their fractional interests in the Building Common Elements. - 10 - _.~--~----- ""'" "",...... Such apportioned amounts shall be paid into separate accounts representing each such Condominium Unit. Each such account shall be in the name of the Attorney-In-Fact and shall be identified by the appropriate Condominium Unit letter and the name of the Owner. The Attorney-In-Fact shall apply each separate account, without contribution from one account to the other, for the same purposes and in the same order of priority as provided in subparagraphs (1) through (5) of subparagraph (b) of this paragraph 24. 25. OBSOLESCENCE. All of the Owners and all of the first --,----~--_.- mortgagees may agree that the Project has become obsolete and should be sold. In such an event, the Attorney-In-Fact shall sell the Project and the sale proceeds shall be administered and disbursed by the Attorney-In-Fact in the same manner as set forth in subparagraph (c) of paragraph 24 above. 26. CONDEMNATION. If all or any portion of the Project shall be taken under the exercise of the right of eminent domain or sold or otherwise disposed of in avoidance and settlement thereof (such taking or sale being hereinafter referred to as "condemnation"), then all matters with respect thereto, including, but not by way of limitation, the reconstruction or repair of any improvements damaged or otherwise affected thereby, the sale of the project in lieu of such reconstruction or repair, and the application of the proceeds received by reason of the condemnation or by reason of the sale of the Project in lieu of reconstruction or repair, shall be governed by the provisions of subparagraphs (a), (b) and (c) of Paragraph 24 above and shall be administered as set forth therein, to the same extent as if the loss, destruction or dama~e resulting from the condemnation had been caused by fire or other disaster and the proceeds received by reason of the condemnation had been the insurance proceeds received by reason of such fire or other disaster. 27. MAILING OF NOTICES. Each Owner shall register his mailing address with the Managing Agent and the other Owner. All notices or demands to be served upon an Owner or by registered or certified mail, postage prepaid, addressed to such Owner at his registered address. All notices or demands to be served on Mortgagees pursuant hereto shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the Mortgagee may have furnished to the 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 Declaration. Any such notice shall be deemed received when deposited in the United States mail in the form provided for herein or when personally delivered to the Owner entitled thereto. 28. PERIOD OF CONDOMINIUM OWNERSHIP. The provisions of this Declaration and the condominium ownership herein provided for shall remain in full force and effect until terminated and revoked as hereinabove provided for; provided, however, that any provision - 11 - ".,..... ,," hereof which is subject to the laws or rules referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints or alienation shall, unless sooner terminated, automatically terminate upon the expiration of 21 years following the death of the survivor of the present City Council of the City of Aspen. 29. APPROVAL OF CITY COUNCIL. Notwi thstanding anything contained herein to the contrary, neither this Declaration nor any Amendment hereto shall become effective until an application for the condominiumization of this project has been approved in writing by the City Council for the City of Aspen, Colorado in accordance with Section 7-1008 et. seq. of the City of Aspen Municipal Code as in effect on the date hereof. 30. GENERAL. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (c) Whenever used herein, unless the context shall otherwise provide, the singular number shall include .the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS Declaration this WHEREOF, Declarant day of has duly executed , 1990. this Herbert S. Klein Marsha L. Klein Barry Lefkowitz - 12 - ----~_.~~,---'<--- . -"-'---,~.",------- ,.. \,.,# STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1990 by Herbert S. Klein. WITNESS my hand and seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1990 by Marsha L. Klein. WITNESS my hand and seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of 1990 by Barry Lefkowitz. WITNESS my hand and seal. My commission expires: Notary Public \hsk.pers\33 - 13 - ~ --_.--,'-"'- ..... ... ,. -,.'.. .... rA .. . .-.. -. -- ~ - -----~ - - - .. _... _. _. _ _ _ .----.- -;_v//c?-- --- - ---- -- - ~.~.....~.. .~'-"'- ,_. --'-.' ,,' - --.. ...----- ..- . . _0- . _.-- -...- _.._0--- - ~ .-" ,- -,- .-. ". " ..- _... _... .._n_____ __ -- -- - - ..___ ..____ __n__ __ - _ - -- .. --. - .-. .... ---- ---- ----- -- -.. --.. - ---- F ~--- - ...__0-- __n__ - '-~'"-...'............ -- . . .... .. - --- .--- - -- . -- _ .. ...~..jJi.-~n- ..- - .. ... ..... - - - - .-- .. ---' -'~-'~,..,.,_._-- -. .--' -,' 4&.. .. . -,. ,---- - -, ,- -' -' . . ... -- -- - - - ---..- -- - -- -- -- -- --- -- -- ------ -------- --- _..._ __. _______._ __..._____ ___ __.__n -- -- -----..-- - -.-..--..- -------- - --.------------ -- MEMORANDUM TO: Alan Richman, Planning Director FROM: Debbie Skehan RE: 734 W. Smuggler Condominiumization DATE: May lOr 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- Alanr I may be all wrong about thisr and I certainly don't know what the intent was when the Code was written like you do so please straighten me out i-V necessary. I don I t think we have done any condominiumizations except on existing development. Alan, Herb's application requests "condominiumization of a parcel of land containing two detached dwellings located on Lots K, L, and Mr Block 14". It appears that he is requesting to condominiumize the parcel of land. The point I would bring up is that Subdivision Exemption is specified for existinq development. If Herb is condominiumizing for proposed development then he would have to be doing a subdivision and condominiumization would be reviewed at the time of the plat. Otherwise it appears that he needs to wait for the development to be built before he applies for condominiumization. The following are the sections of the Code that seem to point to that. Sec. 7-1004. Subdivision Approval. A.1.a. General Prohibition. It shall be unlawful for any person to develop, lease, or sell any parcel of landr including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the Office the Pitkin County Clerk and Recorder pursuant to the terms of this division. Sec. 7-1003. Exemptions. A.3. Condominium Conversion, All to condominium ownershipr procedures of Sec. 7-1008. conversion of existing development pursuant to the standards and Sec. 7-1008. Condominiumization. A. General. In addition to all other requirements imposed in this division, when application is made for subdivision of a parcel of land to be used for condominium development, the applicant must also comply with the following requirement during the review of the Development Application for Plat. If conversion of an existinq development is proposed. the condominiumization shall be reviewed and approved a subdivision exemption bv the citv council pursuant to the terms and provisions of this section. Thank you for looking at this. I hope you realize that I can't just process work without satisfying myself that any questions I might have are answered. 2 ...'.--...-"-'--.-. v "- o !! VJ ~ o ~ /}j n;lI~ 1- -- MAY-5 41. I. E:r " " -( ~---------~o09 . --"2.9---",,- ,---<---..:!..:! "I:' 9 . ~o' ------. _ ----.::::....~o, 00 ' ,,,, Sro^, ----.r~'~~ 'bJC-~ . r / ----::"--.:::::. ;>)' 411f;: & , " - :(DG,~ ~' / 2nd FLOOR / BALCONY "/"~':" / /~ -- ------- '. ~ '~'\, (] , S.J~~"'::o,fi !~ . SZNc, " ~~ I~ l,i JC-J9-4Mc S7'OJ9r Lr>. ",yOUse- VJ '- ~~ ~~ "~~ '~ %.~. I" r "--" -------.____~/j ! 'or, / 7 ---------:1 / 1..07' M / 1V?S-009;:;,?'"Iv______~ / 90~~ <::l <::l 1..0/ >t' SMUGGZ;:/;> S //;>;:-;: / ,-, ! I m I 20 10 0 20 E~" -'--- ~ --'- ----- ..:=:-:. . --~.,=-=~-~-~ ~~-_._~-==-=-:~=::..... ---:--=.'=:::'. , ---'-SCAL E IN -FE! I. KENNETH R. IoIILSON, being a Registered Lilnd Surveyor in Ule State of Colorado, dO hereby certify that this improvement survey was made under my supervision and js true and correct to the best of my belief and knowledge, I further certify that the improvements on the above described parcel on this date, 24 MAr1, 19B9, except utility connectlons are entirely within Ule boundaries of the parcel, except as Sho"n. Ulat tnere are no encf'ollct1fTH1nt!l iJpOn the descr i bed premises by i mprove- "lentll on any adjoining premises, except as indicated, and that there Is no apparent evidence or sign of any easement crossing or burdening any yrt Of7 sat.d par.el, except as noted, " ' ./ J //' I .'l-, r" ' ! '''.~'."".' K NNETH R. IoIILSON LS 1571D '" :;1 DESCRIPTION LOTS K.L, M. BLOCK 14, CITY OF ASPEN, COUNTY OF PITKIN. STATE OF COLORAOO, NOTES: 1, . INDICATES FOUND REBAR AND CAP MARKED LS 901B, 2, 0 INDICATES FOUND NO.5 REBAR, 3, O'INDICATES FOUND REBAR WITH ALUMINUM CAP (BLOCK CORNER! 4, BEARINGS ARE RELATIVE TO A BEARING OF N 75"09'11"101 ON THE SDUTH LINE OF SUBJECT PROPERTY BASED ON MONUMENTS SHOWN AS FOUND ON THIS PLAT. 5, NO RESEARCH WAS DONE TO IDENTIFY EASEMENTS OF RECORD THAT MAY AFFECT SUBJECT PROPERTY, r~:'j' ,\'/ l .t1, ~:- .) ;:;;UA,~ 1 - ' ",.-.-pr,' '''''I ~ r~!. ','," '-"'_'":-<,:-,:'_',{"",,,~ij{,-,:';:,;i::~":, ~!~*>~f..W:j-:;;[.~1.;~';':~';h~'~lli~~W#';t~~Wt{11N;~jft~~~~~~~I'1tl~r.' ~~~?~t 1}~1\~F,~~:-~':7~;..;' :;ri;tf:~:~;,'~il~~r,~~.:\~~l~l);\~~~~~~}'~t;~~,'