HomeMy WebLinkAboutcoa.lu.ex.Red Butte Rd-Lot 16.1974
,_.. c,'...ot.u~. '.',,0
Regular Meeting
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Richardson I
Duplex
Berghof Subdivision
Exemption ,
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RECORD OF PROCEEDINGS
100 Leaves
Aspen Planning & Zoning
April 16, 197~
reports, the data with respect to fire protection, drain-
age, etc...
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Austin stated that he did not have a great deal to say
other than what is in the letter. Felt it covers the
specific sections under 20-10 and the language in the
letter requesting the exception or exemption comes di-
rectly from the Code.. Stated that in effect, what the
applicant is asking for is a consideration by the Com-
missi.on either to grant an exemption under that appli-
cable provision or to reconrrJcnd to the Council .on exem-
ption to the extent that this project does not fall di-
rectly within the intent and purposes of the subdivi-
sion regulations.
Austin stated that with the decision of the Commission,
the owner has no use for the land.
Vice Chainman Schiffer stated that under 20-10{a) , did
not feel that this particular request falls within the
perview of that section of the regulations.
Johnson made a motion to deny the request for a subdi-
vision exemption under Section 20-10{a). Motion seconded
by Jenkins. All in favor, motion carried.
Johnson made a motion to deny the request for a subdi-
vision exemption under Section 20-10(b). Motion seconded
by Jenkins. All in favor, motion carried.
Johnson made a motion to deny the request for a subdi-
vision exemption under Sect.ion 20-10 (c). r.1oti.on seconded
by Jenkins. All in favor,' motion carried.
Ms. Baer stated that this is an existing duplex in Snow-
bunny on Lot 16, Red Butte Road. Stated that the re-
quest is to allow condominiumization. Stated that it
has been reviewed under the provisions for e>:cmption
and the Planning Office would like to recommend an ex-
emption from the defin.;.tion of subdivision.
Attorney Leonard Oates was present representing the ap-
plicant. Stated that the letter recites that they meet
the criteria from the standpoint that they have the a-
vailability and hookup to water and sewer and all the
design requirements. ~
Vagneur made a motion to grant the exemption from the
definition of subdivision since the land in question
has been platted into lots and blocks and it fulfills.
aJl the pertinent design requirements under 20-7. Motio~
seconded by Jenkins. All in favor, motion carried.
Ms. Baer stated that the Berghof is located on Cooper &
Garmisch. Stated it is .an existing condominium com-
plex with 12 units. Stated that this application has
been m~dc in order to clarify the c;>wl1('rship ilnd trans-
fer of ownerships of the units. Stated that the Plan-
ning Office and the 'Enginc~ring Department have revicw~d
it with the design requirements and. they arc met with
some s~tizfaction. Stated they arc recommending, ho\V'-
ever, that parking be removed from the City right-of-w..,y
aloD.9 Garmisch, thilt curb, gutter and sidewalk be in-
stalled and that. parking be allowed to remain on site
to ..ect the parki ng dC"mcinds of the deVelop"lent.
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TO: Planning & Zoning Commission
FROM: Planning Office
SUBJECT: Exemption from the Definition of Subdivision
DATE: 4/16/74
Richardson Duplex
Existing duplex in Snowbunny.
Design requirements are met.
Berghof
Existing condominium - legal requirements necessitate
subdivision action.
Considerations: Remove parking from ROW on Garmisch;
Curb, gutter and sidewalk on Garmisch.
Agreement to join future sidewalk district
on Cooper Ave.
Agreement to join future storm and
drainage districts.
Hibberd Condominium Houses
As a result of P&Z's denial of the Hibberd Subd. and subse-
quent legal action the court has determined that all admini-
strative remedies must be exhausted before the court takes
jurisdiction. Request for exemption is part of the adminis-
trative remedy procedure.
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April, 1974
ASPEN PLANNING & ZONING COMMISSION RESOLUTION
RICHARDSON DUPLEX EXEMPTION FROM DEFINITION OF SUBDIVISION
WHEREAS, a request has been made for an
exemption from the definition of a subdivision under
Section 20-10 (c) of the subdivision regulation to permit
the applicants, Thomas W. Richardson and Lynette G.
Richardson to divide into two undivided interests, retaining
one interest and offering the other for sal~ a duplex on
Lot 16, Snowbunny Subdivision, City of Aspen, Colorado,
and
WHEREAS, the property contains an existing
duplex and is therefore developed to its full capacity
in conformity with zoning for the district, and
WHEREAS, the Aspen Planning and Zoning Commission
has reviewed said application and finds that the design require-
ments of 20-7 of the subdivision regulation are fulfilled,
NOW THEREFORE BE IT RESOLVED, that the Aspen
Planning and Zoning Commission finds said Lot 16, Snowbunny
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Subdivision, being divided into condominium interests, to
be exempt from the definition of subdivision.
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Dated this~day of
, 1974.
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LAW OF FleES
CLARK, OATES, AUSTIN & MCGRATH
1500 E"ST HOPKINS STREET
BO>< 3707
WILL-I"'''' E.CLARK
LEONARD M. OATES
RONALD O. AUSTIN
.J. "'ICHOL,",S McGAATH,.JR.
WILLIAM Fl:. ,JORDAN m
ASPEN, COLORADO 81611
~iarch 13, 1974
AREA CODE 303
TI!.L.I!!:F'HONE 925.2600
City of Aspen
Planning Department
P. O. Box V
Aspen, Colorado 81611
Attention: Ms. Donna Baer
Re: Declaration of Restrictions
for Richardson Duplex, Lot 16,
SNOWBUNNY SUBDIVISION, in the
City of Aspen
Dear Donna:
Enclosed is a Declaration of Restrictions which
is similar to that which I forwarded to you for the
Chesnuts and Weimanns under a letter dated January 22,
1974.. The property involved is situate within Snowbunny
Subdivision and, in effect, is a duplex upon a legally
subdivided lot which the Richardsons wish to divide into
two undivided interests, retaining one interest and
offering the other for sale. At this writing, negotia-
tions are under way between the Richardsons and councilman
James Brested, and I am informed that Mr. Brested is
extremely interested in purchasing one of the units.
Respecting the pertinent design requirements
which must be fulfilled under Section 20-7 of the Aspen
City Code in order to entitle us to an exemption und,er
Section 20-10(c) of the Code, I would advise as follows:
1. The subject property fronts upon Snowbunny
Lane which is an accepted city street and complies with
all the minimum classifications respecting widths and
grades.
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CLARK,OATES, AUSTIN 8. MCGRATH
City of Aspen
Page Two
March 18, 1974
2. Red Butte Road is an accepted road by the
city which is surfaced and maintained at regular intervals.
3. The property is serviced by and connected to
the City of Aspen Water Department and the Aspen Metro-
politan Sanitation District.
4. All requirements of Section 20-7 of the
Official Code of the City of Aspen relating to lot sizes
are complied with as you can see from the plat attached
to the Declaration of Restrictions, and inasmuch as the
property has been fully improved since approximately 1965,
the applicants would request a waiver of certain of the
subprovisions of Section 20-7.
If you should need additional information
respecting this application, either Mr. Richardson or I
would be more than happy to provide you with the same.
If you find everything in order, we would request that
the exemption application be processed and that we be
advised of the hearing dates.
Very truly yours,
CLARK, OATES, AUSTIN & McGrath
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1...vVL.t 0
~eonard R. Oate
By
LMO:dlw
Enclosure
cc: Mr. Thomas W. Richardson
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DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, THOMAS W. RICHARDSON and LYNETTE G. RICHARDSON,
as joint tenants, hereinafter called "Declarants," are the
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fee simple owners of the following described real estate,
to wit:
Lot 16, SNOWBUNNY SUBDIVISION, County of
Pitkin, State of Colorado,
and
WHEREAS, the Declarants heretofore constructed a
duplex residence building and other improvements appurtenant
thereto on the above-described property, which building
contains two (2) residence units; and
WHEREAS, Declarants desire to establish a plan for
the use and co-ownership in fee simple of real property
estates consisting of co-ownership by the individual owners,
as tenants in common, of all of the property, together with
an exclusive right to use a Residence Unit in the Building
as hereinafter provided.
NOW, THEREFORE, Declarants do hereby publish and
declare that the following terms, covenants, conditions, ease-
ments, restrictions, uses, limitations, and obligations shall
be deemed to run with the land above described, shall be a
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burden and a benefit to Declarants, their heirs and assigns
and any person acquiring or owning an interest in the real
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property and improvements, their grantees, lessees, successors,
heirs, executors, administrators, devisees or assigns.
I. DEFINITIONS
unit,
1.1 "Residence" or "Residence Unit" means an individual!
consisting of enclosed rooms occupying part of the Building I
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and bounded by the interior surfaces of the perimeter walls,
floors, ceilings, windows, doors and built-in fireplaces, if
any, of the Building constructed on the above-described real
property, together with all fixtures and improvements therein
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contained, but not including any of the structural components
of the Building within a Residence Unit.
1. 2 "Owner" means any person or entity, including
Declarants, or any combination thereof, owning an undivided
interest in the property; the term "Owner" shall not refer to
any Mortgagee, as herein defined, unless such Mortgagee has
acquired title pursuant to foreclosure or any proceeding in
lieu of foreclosure.
1.3 "Mortgaqe" means any mortgage, deed of trust or
other security instrument by which the interest of any Owner
is encumbered.
1.4 "Mortgagee" means any person named as Hortgagee
or beneficiary, including successors and assigns thereof, under
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II the property, except the Residence Units, including, but not
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any mortgage under which the interest of any Owner is encumbered.
1.5
"Common Area" means and includes all portions of
limited to, the following:
(a)
The land on which the Building is iocated;
(b)
The foundations, columns, girders, bearns,
supports, unfinished surfaces of the perimeter and supporting
walls, floors, and ceilings; roofs, balconies, patios, decks,
recreational facilities, halls, corridors, walkways, stairs,
stairways, and entrances and exits of the Building;
(c)
The common yards, gardens, parking areas, and
storage spaces and sheds;
(d)
Any installations consisting of equipment
and materials making up any central utility services;
(e)
In general, all apparatus and installations
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(f)
All other parts of the property necessary
or convenient to its existence, maintenance, and safety, or
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normally in common use.
1.6
"Limited Common Area" means any Common Area
designated herein for exclusive use by OWners of a particular
Residence Unit.
Any balconies, decks, terraces; porches,
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patios, exterior stairways and storage areas which are commonly
identified with or appurtenant to a particular Residence Unit
shall be Limited Common Areas for the exclusive use of the
Owner or Odners of said Residence Unit.
1.7 "Property" means and includes the land, the
Building, all improvements and structures thereon, and all
rights, easements, and appurtenances belonging thereto.
1. 8 "Building" means one of the two connected resi-
dential building improvements comprising a part of the property.
II. EXCLUSIVE RIGHT TO USE AND CO~~ON AREAS
2.1 Said property is improved with a duplex residence
building containing two (2) Residence Units as shown on the
plans attached hereto as Exhibit "A. II Subject to the limita-
tions contained in this Declaration, and to the terms, provi-
sions, reservations and restrictions set forth on the recorded
plat of SNOWBUNNY SUBDIVISION, and contained in the Covenants
for said Subdivision recorded in Book 181 at Page 255, and
amended by instrument recorded in Book 216 at Page 96, all of
the records of pitkin County, Colorado, each OWner and their
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I percent (50%) interest in the property, together with an exclu-
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respective successors and assigns shall own an undivided fifty
sive right to use a Residence Unit in the Building, the non-
exclusive right to use and enjoy the Common Areas and the
exclusive right to use and enjoy any Limited Common Areas
which may be designated on the attached map for exclusive
use by such Owner.
2.2 Each Residence Unit shall be used and occupied
II for single-family residential purposes only and no trade or
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business of any kind may be carried on therein.
Leas e or
rental of a Residence Unit for lodging or residential purposes
shall not be considered to be a violation of this Covenant;
PROVIDED, HOWEVER, that no Residence Unit shall be leased or
rented for a period of less than ninety (90) days.
2.3
Each Owner, at his sole cost and expense, shall
have the exclusive right to (i) paint, repaint, tile, paper
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or othenvise refinish and decorate the interior surfaces of
all walls, windows, ceilings, floors, and doors bounding the
Residence Unit which he has the exclusive right to use; and
to (ii) alter the interior of said Residence so long as such
alteration does not affect the Common Areas, any other Resi-
dence Unit, or the structural soundness or integrity of the
Building in which such Residence Unit is located.
2.4
Each Owner shall keep the interior of his Resi-
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dence Unit, including, without limitation, interior walls,
floors and permanent fixtures and
appurtenances thereto, in a clean, sanitary and attractive
condition, and good state of repair.
2.5 Each Owner shall be solely responsible for
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:1 Building or any Residence therein to be uninsurable against
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obtaining and paying for all insurance, including fire, on
the furnishings within said Residence Unit, and other items
of personal property, and .for casualty and public liability
insurance covering the Residence Unit to which he has exclusive
use.
No Residence Unit or Common Areas shall be occupied or
used for any purpose or in any manner which shall cause a
loss by fire or other perils of the extended coverage casualty
insurance, or cause any policy or policies representing such
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the same to refuse renew~l thereof.
2.6 Neither Residence Unit shall be used in any manner
that will interfere with the enjoyment of occupants of the
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Ii other Unit or annoy them by unreasonable noises or otherwise,
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nor shall any nuisance, or immoral or illegal activity, or
activity in violation of the Covenants for SNOWBUNNY SUBDIVISION,
be committed or permitted to occur in any Residence
Unit or Common Area.
2.7 The Common Areas shall be improved and used only
in accordance with rules promulgated by the Board of Governors
which may include, but are not limited to (il vehicular park-
ing, (ii) vehicular and pedestrian movement on the Common
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Areas, including ingress to and egress from the Residence
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Units in the Building, (iiil recreational uses subject to
rules established by the Board, and (ivl beautification of the
property. A non-exclusive easement for ingress, egress, and
support throughout the Common Areas is and shall be appurtenant
to each Residence Unit, and the Common Areas are and shall be
subject to such easement.
2.8 No activity shall be carried on in the CO~uon
Areas which shall be contrary to the rules and regulations
adopted by the Board of Governors.
2.9 Each Owner shall be legally liable to the Board
of Governors for all damages to the Common Areas or to any
improvements thereon or thereto caused by such Owner, his
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guests, or any occupant of such Owner's Residence Unit.
2.10 Some of the Common Areas are or may be located
within the Residence Units or may be conveniently accessible
II only through the Residence Units.
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The Owner of the other
Residence Units shall have the irrevocable right, to be exer-
cised by a member of the Board of Governors as his agent, to
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have access to the other Residence Unit and to all Common
Areas from time to time during such reasonable hours as may
be necessary for the maintenance, repair or replacement of any
of the Common Areas located therein or accessible therefrom
or for making emergency Fepairs therein necessary to prevent
damage to the Common,Areas or to the other Residence Unit.
The Board of Governors shall also have such right independent
of any agency relationship.
Damage to the interior of any part
of a Residence Unit resulting from the maintenance, repair,
emergency repair or replacement of any of the Common Areas or
as a result of emergency repairs within another Residence
Unit at the instance of the Board of Governors or of an Owner
shall be an expense of all the Owners; PROVIDED, HOWEVER, that
if such damage is the result of negligence of an OWner, then
such OWner shall be financially responsible for all of such
damage.
Such damage shall be repaired and the property shall
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be restored substantially to the same condition as existed
prior to damage. Amounts owing by Owners pursuant hereto shall
be collected by the Board of Governors by assessment pursuant
to this Declaration.
2.11 The Common Areas shall be owned in common by
all the Owners of Residence Units, and no Owner shall bring
any action for partition thereof.
III. BOARD OF GOVERNORS
3.1 The Board of Governors, consisting of three (3)
persons, shall constitute the management body of the property,
and be vested with the rights, powers and duties hereinafter
set forth.
3.2 Each ~Nner shall be a member of the Board of
Governors; PROVIDED, HOWEVER, that if there is more than one
Owner having the right to the exclusive use of a Residence
Unit, they shall, amongst themselves, select which one of them
shall be on the Board of Governors so that each Residence Unit
shall have only one representative on the Board of Governors.
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I! said person chosen shall be the third Governor.
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In addition, the two (2) Owner Governors shall chose between
themselves a third person who shall not be an Owner, which
The Ovmer
Governors shall not receive any compensation for the perform-
,
ance of their services as Governors but shall be entitled to
reimbursement for out-of-pocket expenses expended in such
performance. The Non-Owner Governor shall be compensated for
his services in such amounts as shall be determined by the
concurrence of the Owner Governors and shall likewise be
entitled to reimbursement for out-of-pocket expenses.
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II shall be the initial Owner Governors.
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3.3
THOMAS W. RICHARDSON and LYNETTE G. RICHARDSON
If a Residence Unit
is sold, the new Owner thereof shall automatically replace
the selling Owner on the Board of Governors with respect to
such Residence Unit.
3.4
Both of the Owner Governors shall constitute a
There shall be required
quorum for the transaction of business.
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a majority vote of Governors present at any meeting of the Board
to constitute a decision of the Board as to the question
voted upon.
3.5 Any action permitted to be taken by the Board
may be taken without a meeting of the Board if both the
then-existing OWner Governors shall consent in writing to
such action.
IV. POWERS OF BOARD OF GOVERNORS
4.1 The Board has and shall have the following respon-
sibilities, rights and powers:
(a) To elect from among the Governors a Chairman
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and Secretary, to fix their respective powers and duties, and
to establish rules and regulations not inconsistent herewith
relating to notices of Board meetings and other matters relat-
ing to the conduct of Board meetings. The offices of Chairman
and Secretary may not be combined and shall be held only by
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Owner Governors.
(b) To adopt rules not inconsistent with the
provisions of this Declaration, or the Protective Covenants
for SNOWBUNNY SUBDIVISION, including, but not limited to,
rules and regulations relating to the use of and activity
on the Common Areas.
(c) To maintain bank account(s) for funds coming
under control of the Board.
.
(d) To levy assessments and otherwise act as set
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forth in Article V below.
(e) To enforce the provisions of this Declara-
tion; PROVIDED, HOWEVER, .such right to enforce the provisions
of this Declaration shall not be construed to prohibit the
right to enforce this Declaration by any individual O\vner, his
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(f)
To contract and pay for and maintain fire,
casualty, liability and other insurance covering the property
in amounts as determined by the Board. Each policy shall recite
I each of the OWners as named insureds, as their interests appear.
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(g) Subject to the rights of the Owners set
forth in this Declaration, to manage and control the Common
Areas and all improvements thereon (including furnishings and
equipment related thereto), and shall keep the same in good,
clean, attractive and sanitary condition, order and repair;
PROVIDED, HOWEVER, that each Owner shall keep the Limited
Common Areas designated for use in connection with his Residence
Unit in a good, clean, sanitary and attractive condition. The
Board of Governors shall be responsible for the maintenance and
repair of exterior surfaces of the Building, including, without
limitation, the painting of the same as often as necessary,
the replacement of trim and caulking, the maintenance and
repair of roofs, the maintenance and repair of other Common
Areas, including utility lines a~d all other improvements or
materials located within or used in connection with the Common
Areas. The specification of duties of the Board of Governors
I with respect to particular Common Areas shall not be construed
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to limit its duties with respect to other Common Areas.
(h)
To obtain and pay for the services of any
person or entity to manage its affairs, or any part thereof,
to the extent it deems advisable, as well as such other per-
sonnel as the Board of Governors shall determine to be neces-
sary or desirable for the proper operation of the property,
,
whether such personnel are furnished or employed directly by
the Board or by any person or entity with whom or with it
contracts. The Board may obtain and pay for legal and account-
ing services necessary or desirable in connection with the
operation of the property or the enforcement of this Declara-
tion. The Board may arrange with others to furnish lighting,
heating, water, trash collection, sewer service and other
common services to each Residence Unit.
(i) To pay the taxes which would be a lien upon
the property and to make the payments of principal and interest
and any other indebtednesses as the same may from time to time
become due under any deed of trust covering the property, and I
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to pay and discharge any lien, encumbrance or assessment levied
against the property.
V. ASSESSMENTS BY BOARD OF GOVERNORS
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5.1 The Board of Governors shall have the right and
power to make from time to time reasonable assessments upon
each Owner to meet anticipated expenditures for common expenses
authorized by the Board. Except as otherwise provided herein,
each Owner shall be assessed separately and in an equal amount.
Assessments may include, but are not limited to:
(a) Payment for all Common Area utilities;
(b) General taxes and assessments;
(c) Insurance premiums for insurance covering
the property;
(d) Maintenance and repair of the exterior
surfaces of the Building and Common Areas; and
(e) Payment for assessments levied against the
property by any neighborhood or subdivision homeowners'
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association.
5.2 Written notices of such assessments shall be
deposited in the United States mail, postage prepaid, addressed
to each Owner. Such assessments shall be a lien on the Owner's
interest in the property and the Residence Unit which the
Owner has the exclusive right to use, superior and prior to
all mortgages thereon save and excepting a valid first mortgage
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or deed of trust, and a personal and individual obligation
of the Owner from the date such assessment is made. Such
assessment shall bear interest at the rate of eighteen percent
(18%) per annum from and after the due date thereof established
by the Board.
The amount of any such assessment, together
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lien as provided hereinabove when the Board causes to be recorded:
with the County Recorder of Pitkin County a notice of assessment,!
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which shall state the amollnt of such assess:ment and the aforesaid!
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interest, costs, and attorneys' fees, the name of the Owner,
with said interest, costs and reasonable attorneys' fees in
the event enforcement is commenced, shall be and become a
a description of the Owner's interest and the Residence Unit
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has been so recorded, or other satisfaction thereof, the Board I
shall cause to be recorded a further notice stating the satisfac-,
tion and the release of the lien thereof. Unless sooner satis- !
which he has an exclusive right to use.
Upon payment of said
assessment and charges in connection with which such notice
fied and released or the enforcement thereof initiated as
hereafter provided, such lien shall expire and be of no further
force or effect six months from the date of recordation of
said notice of assessment; PROVIDED, HOWEVER, that said six-
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month period may be extended by the Board for not to exceed
an additional six months by recording a written extension
thereof. Such lien may be enforced by sale by the Board,
its attorney or other person authorized by the Board to make
the same; such sale to be conducted in any manner permitted
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by law. The Board shall have the power to bid in the interest
of the Estate of the defaulting Owner at foreclosure sale
and hold, lease, mortgage and convey the same in the name
of the Board of Governors. Copies of any notices under the
foregoing subparagraph shall be sent, postage prepaid, to
all first mortgagees of affected real property interests under
this Declaration.
5.3 Nothing herein contained shall prohibit anyone
or more of the OWners from advancing to the Board sufficient
money to enable the Board to meet its commitments as herein
described and to make up a deficit arising from the'default
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of another OWner hereunder. Such advances shall be made on
such terms and conditions as the Board shall determine and
in no event shall such advances in any way affect the lien
in favor of the Board arising by reason of such delinquency
as hereinabove provided.
5.4 Neither Owner, his successor, or assigns, may
exempt himself from liability for his contribution towards
the common expenses, as assessed by the Board, by waiver of
the use and enjoyment of any of the Common Areas, or by
abandonment of his interest in the property or the Residence
Unit which he has an exclusive right to use.
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VI. RIGHT OF FIRST REFUSAL
6.1 In the event that any Owner desires to sell his
interest in the property and receives a bona fide offer to
purchase his interest in the property, such Owner shall give
written notice of such proposed sale or assignment to the
other Owner and the Board of Governors, which said notice,
being a true copy of said offer, shall state the terms and
conditions, purchase price, and the name of the proposed
purchaser or assignee of the proposed sale or assignment.
The said other Owner shall have a period of thirty (30) days
after the giving of such notice to purchase the interest of
the selling Owner upon the terms and conditions and for the
purchase price as set forth in said notice. If said other
Owner does not exercise such right to purchase, the selling
OWner may then sell or assign his interest in the property to
the person and upon the terms and conditions and for the price
as set forth in said Notice.
6.2 In no case shall the right of first refusal
reserved herein affect the right of an Owner to subject his
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interest in the property to a trust deed, mortgage or other 1
security instrument. The right of first refusal as provided I
herein shall extend and run for the lives of THOMAS W. RICHARDSON
and LYNETTE G. RICHARDSON and their now living descendants,
and the survivor of them, plus twenty-one years.
6.3
.
In the event of any default on the part of any
.
OWner under any first mortgage which entitles the holder
thereof to forecloseosame, any sale under such foreclosure,
including delivery of a deed to the first mortgagee in lieu
of such foreclosure, shall be made free and clear of the
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provisions of Article 6.1, and the purchaser, or grantee under
such deed in lieu of foreclosure of such interest shall be
thereupon and thereafter subject to the provisions of this
If the purchaser following such foreclosure
sale, or grantee under deed given in lieu of such foreclosure,
shall be the then holder of the first mortgage, or its nominee,
the said holder or nominee may thereafter sell and convey the
interest free and clear of the provisions of Article 6.1, but
its grantee shall thereupon and thereafter be subject to all
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of the provisions thereof. If the Owner can establish to the
satisfaction of the Board of Managers that a proposed transfer
is not a sale, then such transfer shall not be subject to the
provisions of this Article.
6.4 Upon written request of any prospective purchaser,
or other interested party, the non-selling Owner shall forth-
with, or where time is specified, at the end of the time, issue
a written and acknowledged certificate in recordable form,
evidencing that proper notice was given by the selling Owner,
and that the non-selling Owner did not elect to exercise his
right of first refusal to purchase.
VII. ENFORCEMENT
7.1 The covenants, conditions and restrictions set
forth in this Declaration constitute a general scheme for
(i) the maintenance, protection and enhancement of value of
the property and the Residence Units contained therein, and
(ii) the benefit of all Owners. Said covenants, conditions
and restrictions are imposed on the entire property for the
benefit of the present and future Owners thereof. Said coven-
ants, conditions and restrictions are and shall be covenants
running with the land or equitable servitudes, as the case may
be.
7.2 The breach of any of the said covenants,. conditions
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or restrictions may be remedied and enforced by appropr~ate
.
legal proceedings by (i) any owner, (ii) the Board, or (iii) the
Mortgagee under any-real property mortgage or beneficiary under
any deed of trust given for value, all of whom are hereinafter
collectively referre<:i to as "enforcing person(s)." Damages at
!I law for any such breach are hereby declared to be inadequate.
7.3 The result of or condition caused by any violation
of any of said covenants, con<:iitions or restrictions is and
shall be a nuisance, and every remedy in law or equity now or
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be exercised by any enforcing person.
7.4
The remedies set forth herein for breach of said
covenants, conditions and restrictions shall be cumulative,
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and none of said remedies shall be exclusive.
7.5 The failure to enforce any of said covenants,
conditions or restrictions shall not constitute a waiver of
the right to enforce the same thereafter.
7.6 In the event litigation shall be commenced to
enforce any of said covenants, conditions or restrictions, such
enforcing person, if he prevails in such litigation, shall be
entitled to have judgment for and recover from any defendant
(other than nominal) in such litigation such attorneys' fees
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as the court may adjudge reasonable and proper.
VIII. DAMAGE OR DESTRUCTION OF THE PREMISES
8.1 In the event of damage or destruction due to a
fire or other disaster, the insurance proceeds, if sufficient
to reconstruct the damaged Building, shall be promptly applied
by the Board of Governors to such reconstruction.
8.2 If the insurance proceeds are insufficient to
repair and reconstruct the damaged Building, the Board of
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determine the percent of the Building which has been destroyed.
If not more than sixty percent (60) the Building has been
destroyed, such damage or destruction shall be promptly
repaired and reconstructed by the Board of Governors, using
the proceeds of insurance, and the proceeds of asseSSments
made against the Owners.' The assessment will be a common
expense and assessed.equally.
The assessment provided for
herein shall be a debt of each Owner and may be enforced and
collected as provided in Article V.
8.3
If the above-mentioned appraiser determines that
more than sixty percent (60%) of the Building has been destroyed,
and if a majority of the Board of Governors does not reach an
agreement to reconstruct the premises within ninety (90) days
following delivery of such appraiser's report, the property
shall be sold, free and clear of provisions in this Declaration,
and the cost will be divided pro-rata among the parties, and
" the proceeds of the sale and insurance settlements will be
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equitably distributed in the following order:
(a) For payment of the balance of the lien of
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any first mortgage;
(b) For payment of taxes and special assessment
liens, in favor of assessing entity;
(c) For payment of unpaid common expenses;
(d) For payment of junior liens and encumbrances
in the order of and to the extent of their priority; and
(e) The balance remaining, if any, shall be paid
to the Owners.
8.4 If the above-mentioned appraiser determines that
more than sixty percent (60%) of the Building has been destroyed,
and a majority of the Board of Governors agree to reconstruct
same, and all of the First Mortgagees so approve the plan for
reconstruction, then both Owners shall be bound by the terms
and provisions of the plan. Any assessment made shall be a
common expense, divided pro rata between the Owners. The
assessment provided herein will be the debt of each Owner and
may be enforced as provided in Article V.
IX. REVOCATION OR M1ENDMENT TO DECLARATION
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I any of the provisions herein be amended unless both of the
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9.1
This Declaration shall not be revoked nor shall
OWners of the property, as reflected on the real estate records
,
of Pitkin County, Coloraao, and all of the holders of any mort-
gages appearing in such records and covering or affecting an
Owner's interest in the property, consent to such revocation
or amendment.
9.2 The rights, obligations, conditions, easements,
I restrictions, and limitations created by this Declaration shall
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: X. MISCELLANEOUS
10.1 In the event any covenant, condition, restriction
or provision contained in this Declaration is held invalid,
void or unenforceable by any court of competent jurisdiction,
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the remaining portions of this Declaration shall, nevertheless,
be and remain in full force and effect.
10.2 Where necessary for proper construction hereof,
the singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, this Declaration has been duly
executed by the Declarants this
day of
,
1974.
II
Dec1arants:
Thomas W. Richardson
Lynette G. Richardson
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I The foregoing instrument was acknowledged before me
II this day of , 1974, by THOMAS W.
RICHARDSON and LYNETTE G. RICHARDSON.
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STATE OF COLORADO
County of Pitkin
)
)
SS:
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
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TR~-CO Management, Inc.
Planning. Design' Surveying' Engineering' Construction
and Management of Land
Box 1730
Aspen
Colorado 81611
303.925.2688
March 14, 1974
SURVEY NOTES
1. Certain unresolveable survey problems exist with the boundary
of Lot 16, Block 1,Snowbunny Subdivision. Evidence of oc-
cupancy, namely the existing fences, does not fit the record
boundary nor the field boundary.
2. The boundary shown on the attached map was determined from
found original monuments throughout the subdivision.
3. Corner No.1, a steel pin in place, is thought to be an orig-
inal subdivision monument and is generally accepted by other
surveyors in the area as such.
Corner No. 2 was set at record distance from the northwest
corner of Lot 14, Block 1 of said subdivision. The north-
west corner of said Lot 14 fits reasonably well with other
monuments in the subdivision.
Corner No. 3 was established record from Corner No.2.
Corner No. 4 was established by proportionate distance along
the line between Corner No. 1 of said Lot 16 and the most
southwesterly corner of Lot 11, Block 1 of said subdivision.
,
Page 2 of 2
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