HomeMy WebLinkAboutcoa.lu.ex.Meadow Watch 734 W. Smuggler/yQadow tv
734 W. Smuggler CondominiumizatioYt
2735-121-15-003 42A -$'9-A5-8- JO
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090
LAND USE APPLICATION FEES
City �� ?
00113-63250-134 GMP/CONCEPTUAL •./
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE
SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL
Name:
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Project:
Check #
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CASELOAD SUMMARY SHEET
® City of Aspen
DATE RECEIVED: 5 5 89 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-121-15-003 42,A-89
STAFF, ER :
PROJECT NAME: 734 W. Smuggler Condominiumiza ioiz
Project Address: 734 W. Smuggler
Legal Address: Lots K, L, M, Block 14
APPLICANT: Herbert & Marsha Klein and Barry Lefkowitz
Applicant Address:
REPRESENTATIVE: Herb Klein
Representative Address/Phone: 201 North Mill St., Suite 203
Aspen, CO 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
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES
X,
VESTED RIGHTS: YES e
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
Z City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
i I I nergy Center
o �{ 0
DATE REFERRED: INITIALS:
FINAL ROUTING:
DATE ROUTED:-
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
INITIAL: '`
City Atty l'- City Engineer 14 Zoning Env. Health
Housing_ Other: Q
FILE STATUS AND LOCATION:
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, BLACK 14.
WHEREAS, pursuant to Section 7-1007 of the Aspen Land Use
Code, 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 Department, having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office, 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
condominiumization, 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 limited common elements such as
mechanical rooms, utility areas, 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 $16,100 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
E
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3:
If any section, subsection, sentence, 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
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5:
L public hearing on the Ordinance shall be held on the 17
day of December, 1990 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the o� � �� day of
1990.
William L. Stirling, Mayor
ATTEST:
z
Kathryn Koch, City C erk
FINALLY, adopted, passed and approved this / day of
3
•
•
1- 1990.
William L. Stirling, Mayor
ATTEST:
Kathryn Koch, City Clerk
meadow.ord.cc
4
1
Iy1 u•:_:►b1
TO: Mayor and Council--�-
r
THRU: Carol O'Dowd, City Manager
THRU: Amy Margerum, Planning Director
FROM: Leslie Lamont, Planner
RE: Meadow Watch, 734 West Smuggler, Subdivision Ex mption
for Condominiumization, First Reading Ordinance,J,
DATE: November 26, 1990
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SUMMARY: The applicant has requested a subdivision exemption for
condominiumization of Meadow Watch, 734 West Smuggler, Lot K, L,
M, Block 14, 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 minimum leases,
with no more than two shorter tenancies per year. According to
the application, 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 $8,050.00 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
t
subject to a final inspection pursuant to the issuance of a
Certificate of Occupancy.
Please see attached referral comments from Engineering.
RECOMMENDATION: Staff recommends approval, on first reading, of
the condominiumization of Meadow Watch, 734 West Smuggler with
the following conditions:
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 limited common elements such as
mechanical rooms, utility areas, 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 $16,100 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.
2. Prior to second reading the applicant shall submit plans
indicating the number of bedrooms in each unit and therefore how
many parking places are provided including the dimensions of the
parking spaces. The two parking spaces which are indicated on
the plat do not exist and are unworkable because they are back to
back.
2
•
•
PROPOSED MOTION:
on First Reading.
"Move to read Ordinance No.
"Move to approve Ordinance No.
Reading.
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. _
Engineering Referral Comments
meadow.cc
O
3
Series of 19901
Series of 1990, on First
ORDINANCE NO. _
(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.
WHEREAS, pursuant to Section 7-1007 of the Aspen Land Use
Code, 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 Department, having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office, 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
condominiumization, with the following conditions of approval:
1. Prior to signature of the final plat -
r
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 limited common elements such as
mechanical rooms, utility areas, 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 $16,100 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.
2. Prior to second reading the applicant shall submit plans
indicating the number of bedrooms in each unit and therefore how
2
man parking laces are y p g p provided including the dimensions of the
parking spaces. The two parking spaces which are indicated on
the plat do not exist and are unworkable because they are back to
back.
Section 2:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3:
If any section, subsection, sentence, 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
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, 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
day of December, 1990 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
3
r
by the City Council of the City of Aspen on the day of
1990.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1990.
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
Aspen, CO 81611
Re: 734 West Smuggler Condominiumization (Meadow Watch)
Case # A58-90
Dear Herb,
We have scheduled this application for review by the Aspen City
Council on Monday, November 12, 1990 at a meeting to begin at
5:00 p.m. The Friday before the meeting date, 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
MEMORANDUM
TO: City Engineer
FROM: Leslie Lamont, Planning Office
RE: Meadow Watch Condominiumization
Parcel ID# 2735-121-15-003
DATE: October 4, 1990
Attached for your review and comments is an application from Herb
Klein requesting approval for condominiumization of 734 West
Smuggler Street.
Please return your comments to me no later than October 26, 1990.
Thank you.
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
Herb Klein
201 North Mill Street, Ste. 203
Aspen, CO 81611
RE: 734 West Smuggler Street
Dear Herb,
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.
Also, the applications fees increased as of January 1, 1990. In
May, 1989 you submitted $780.00. The current fee is $870.00,
therefore, an additional $90.00 is due.
If you have any questions please call Leslie Lamont. Thank you.
Sincerely,
Debbie Skehan
Administrative Assistant
ds
•
•
HERBERT S. KLEIN
RICHARD S. CROFT'
'also admitted in Florida
LAW OFFICES OF
HERBERT S. KLEIN
PROFESSIONAL CORPORATION
201 NORTH MILL STREET
SUITE 203
ASPEN. COLORADO 81611
(303)925-8700
TELECOPIER (303) 925-3977
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 PROFESSIONAL
CORPORATION
By: /
Herb t S. Klein
HSK.per\57
Enclosures
+ ~ S
Check
�+
Addibor
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C
APPLICATION FOR SUBDIVISION EXEMPTION _FOR COND_O_MINIUMIZATION
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. The owners of the
property a're identified as follows:
Herbert and Marsha Klein Barry Lefkowitz
831 West Bleeker Street P.O. Box 364
Aspen, Colorado 81611 Aspen, Colorado 81612
(303) 920-1468 (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 subject to a mineral
reservation contained in a Deed from the City of Aspen recorded
in Book 59 at Page 3861 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. Compliance_ of Proposed Development. The
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 Agreement. 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 minimum 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.
Application.
Section 7-1008B Procedure - Contents of
i) The
located on the property
notice and right to
condominiumized upon its
A.l.a. and the Applicant
record in the form of
Attorney.
condominiumization of the residences
will include the rights of tenants to
purchase the unit that is being
sale as provided for in Section 7-1008
will agree to place such restriction of
s document to be approved by the City
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
mitigate 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
By; --
Herbert S. Klein,
Attorney for Applicant
201 North Mill Street, #203
Aspen, Colorado 81611
(303) 925-8700
\1878
CITY OF ASPEN
4RE-APPLICATION CONFERENCE OMMARY
PROJECT: -q,:�LI W �h1UCvlP�� Jl �3Y1��m►n►ums
APPLICANT'S REPRESENTATIVE: Ie.11�l
REPRESENTATIVE'S PHONE:
OWNER'S NAME:_ Yl
'SUMMARY
1. Type of Application: �'Oln��O�� h►�M► �-,�ii
2: Describe action/type of development being requested:
('n),().dom1Y\iLaaAi42� -�or qd VJP,1) ins l)ntTQ
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
• e, Pam(` : ►ti -
4. Review is: (P&Z Only) CC Only) (P&Z then to CC)
5. Public Hearing: ( S SPIT
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit--ff + S6
8. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS:
frm.pre app
• 0
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 within 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.
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(e) 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
limitation, (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 buildings
and other improvements now or hereafter located on the Real
Property, and all rights, easements and appurtenances belonging
thereto.
(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
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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) Cause or permit any outside storage, whether
temporary or otherwise, or any trailers, boats, motor homes,
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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.
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13. RESERVATION FOR ACCESS - M.AINTENANCE, 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 within 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
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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 Project 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
(iv) 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. Suit to recover a
Mel=
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
liability for his contribution towards the Common Expenses by
waiver of the use or enjoyment of any of the Common Elements or by
abandonment of his Unit.
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
written 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
defaulting 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
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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 assessments,
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 within 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
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0
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
Unit 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
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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 Pitkin 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.
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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. C_ONDEMNATION. 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 damage 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
0 •
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. Notwithstanding 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. sect. 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 this
. 1990.
Herbert S. Kle
Marsha L. Klein
Barry Lefkowitz
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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:
\hsk.pers\33
Notary Public
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TO: Alan Richman, Planning Director
FROM: Debbie Skehan
RE: 734 W. Smuggler Condominiumization
DATE: May 10, 1989
Alan, I may be all wrong about this, and I certainly don't know
what the intent was when the Code was written like you do so
please straighten me out if necessary. I don'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 M, 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 existing 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.l.a. General Prohibition.
It shall be unlawful for any person to develop, lease, or sell
any parcel of land, 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 conversion of existing development
to condominium ownership, pursuant to the standards and
procedures of Sec. 7-1008.
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
• 0
during the review of the Development Application for Plat.
If conversion of an existing development is proposed the
condominiumization shall be reviewed and approved a
subdivision exemption by the City 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.
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I. KENNETH R. WILSON. being a Registered Land Surveyor in the
State of Colorado, do hereby certify that this improvement survey
was made under my supervision and is true and correct to the
best of my belief and knowledge.
I further certify that the improvements on the above described parcel
an this date, 24 MAR. 1989, except utility connections are
entirely within the boundaries of the parcel, except as Shown, that
there are no encr•oac:hments +jpon the described premises by improve--
ments on any ad)olning premises, except as indicated, and that there
is no apparent evidence or sign of any easement crossing or burdening
any p,grt ofn said parcel, except as noted.
K NNETH R. WILSON LS 15710�
DESCRIPTION
LOTS K. L. M. BLOCK 14, CI TY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
NOTES:
1. • INDICATES FOUND REBAR AND CAP MARKED LS 9018.
2. O INDICATES FOUND NO.5 REBAR.
3. ❑VINDICATES FOUND REBAR WITH ALUMINUM CAP (BLOCK CORNER).
4. BEARINGS ARE RELATIVE TO A BEARING OF N 75°09'11"W ON
THE SOUTH 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.
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