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Home My WebLink Aboutcoa.lu.ex.Winchester Lot18-Blk2-Snowbunny o CITY OF ASPEN FINANCE DEPARTMENT "" .l. CASHIER'S RECEIPT CUSTOMER 01-111 LICENSES & PERMITS 511 0 BUSINESS LICENSES 512 0 SALES TAX LICENSES 513 0 BEER - WINE - LIQUOR LICENSES 514 0 CONTRACTOR'S LICENSES 516 0 LIQUOR LICENSE APPLICATION 517 0 DOG LICENSE 518 0 CENTRAL ALARM LICENSE 519 0 BICYCLE LICENSES 520 0 EXCAVATION PERMITS 521 0 CONSTRUCTION PERMITS 522 0 ELECTRICAL PERMITS 523 0 PLUMBING PERMITS 524 0 HEATING PERMITS 525 0 SEPTIC TANK PERMITS o 01-111 FINES & FORFEITS 561 0 COURT FINES 562 0 COURT BONDS - FORFEIT 563-01 0 TOWING FINES - IMPOUND 563-02 0 TOWING FINES - NOT IMPOUND 564 0 TRAFFIC FINES 566 0 FALSE ALARM FINES 568 0 DOG IMPOUND FINES 569 0 OTHER FINES & FORFEITS 01-111 OTHER MISC, REVENUES 579 0 MAPS, CODES, ZONING REGS. 589 0 OTHERS (DESCRIBE) 01-988-632-03 0 XEROXING (DESCRIBE) , ~THER - ACCT. NO. DESCRIPTION, (NAME, NUMBER, ETC.), <; I//-S-P.-s UJ _I ,. 4- ,.,:/.", -'; t'1' ~ ~- -'1 .>f~if'C<-f-? . ,- I ? r "'-t.... ~"-7 I .-1' /. ,,' # .9) RECEIVED FROM CASHIER VALIDATION ,.:,f/ ./ // . -' .... ~ERO CITY OF ASPEN FINANCE DEPARTMENT JI OEo CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 511 0 BUSINESS LICENSES 512 0 SALES TAX LICENSES 513 0 BEER. WINE. LIQUOR LICENSES 514 0 CONTRACTOR'S LICENSES 516 0 LIQUOR LICENSE APPLICATION 517 0 DOG LICENSE 518 0 CENTRAL ALARM LICENSE 519 0 BICYCLE LICENSES 520 0 EXCAVATION PERMITS 521 0 CONSTRUCTION PERMITS 522 0 ELECTRICAL PERMITS 523 0 PLUMBING PERMITS 524 0 HEATING PERMITS 525 0 SEPTIC TANK PERMITS 01-111 FINES & FORFEITS 561 0 COURT FINES 562 0 COURT BONDS. FORFEIT 563.0] 0 TOWING FINES. IMPOUND 563.02 0 TOWING FINES - NOT IMPOUND 564 0 TRAFFIC FINES 566 0 FALSE ALARM FINES 568 0 DOG IMPOUND FINES 569 0 OTHER FINES & FORFEITS 01-111 OTHER MISC. REVENUES 579 0 MAPS, CODES, ZONING REGS. 589 0 OTHERS (DESCRIBE) 01-988.632-03 0 XEROXING (DESCRIBE) ,. ,. ,(.1 I' [j)'OTHER - ACCT. NO.~.J - ,\ -. , " SvWIIJI~1 ~ ol...." DESCRIPTION, (NAME, NUMBER, ETC.), \ I' r' )l.r I', Recorded 1010 AM April 27, 1977 Julie Hane ., 183:116 00tJl( 327 f~Ct ~9 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, Robert P. Winchester, Charles M. Rowars and Margie T. Rowars, and Bruce E. McDonald and Dorothy J, McDonald are the owners of a parcel of land located in Pitkin County, Colorado, more particularly described as: Lot 18, Block 2, Snowbunny Subdivision, City of Aspen. WHEREAS, the applicants have an existing duplex located on said parcel of land; and WHEREAS, applicants have requested an exemption from the definition of subdivision for the purpose of subdividing the existing duplex through condominiumization; and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held March 1, 1977, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted; and WHEREAS, the City Council of Aspen, Colorado, at its meeting held April 11, 1977, determined that the subdivision of the existing duplex through condominiumization is not within the intent and pur- pose of the subdivision ordinance set forth in Chapter 20 of the Aspen Municipal Code, THEREFORE, the City Council of Aspen, Colorado does hereby determine that the proposed subdivision of the duplex located on Lot 18, Block 2, Snowbunny SUbdivision, City of Aspen, by its condo- miniumization is not within the intents and purpose of the subdivision ordinance and does, for such reason, grant an exemption from the definition of subdivision for such action, and PROVIDED, HOWEVER, that the foregoing exemption shall not be deemed to relieve or exempt the subdividing of the duplex situated on Lot 18, Block 2, Snowbunny SUbdivision, City of Aspen, from any park dedication fees which may be due, and PROVIDED, HOWEVER, that the foregoing exemption is conditioned upon the restriction of rental of said condominium units to periods of not less than six (6) successive months (or in the alternative to not more than twice for short-term periods within any calendar year), and PROVIDED, HOWEVER, that the foregoing exemption conditioned upon the right of first refusal being e then tenants of the condominium units within 90 days after April 11, 1977, said exemption. Dated: April.itL, 1977 dley, I~._ I Kathryn S. Hauter, do hereby ertify that the foregoing Statement of Exemption from the Definition of Subdivision was con- sider,,"Q....iil.!).d approved by the Aspen City Council at its regular meeting hel,d.,Al?Jt:if'q, 1977, at which time the Mayor, Stacy Standley, III, W<fS"qll.'ttror~'d, to execute the same on behalf of the City of Aspen. ' ')' . , ....:~\r -::'~ "'oJ'; ';, ,-., -"! ~> . ..:.J .~ .:. J.-J: =-: : J :. ,', ~ .'" ". \ ~J (;. "~/: " . 1300K 327 ~GE 940 STATE OF COLORADO ) ) ss ) COUNTY OF PITKIN The foregoing was acknowledged before me this ;<j7 day of April, 1977, by Stacy Standley, III and Kathryn S. Hauter, personally known to me to be the Mayor and City Clerk, respectively, ...(),~:,,~Ae Ci ty of Aspen. .,(jiO;!';:'..,.. '-:.w ........ "0; c', Witness my hand and official seal. .c,":/., ,..'...'>.../ M C ,. , r' ~ . ',,: (l \ ' c /. ...." y ommlSS10n explres: .,:~' :.-':;"'.l("r~<-:{';~.n r.x"~itei' !"""'j'lf" h4:;' '1'9J~ 'c / / ".; \-'.. .;~ \:7 f2~~/~10\~',)r. Notary Pubhc '" ~././;..,,;....~,\ ;:'., , V"1 \\ ,.' """",",,,,,,,,''' I M E M 0 RAN DUM TO: Aspen Ci ty Counci 1 FROM: Planning Office (He) RE: Subdivision Exemption - Vlinchester Duplex DATE: April 11, 1977 This is a request for subdivision exemption to condominiumize an existing duplex located on Lot 18, Block II, SnOl"bunny Subdivision. The property consists of 14,644 square feet and is zoned R-15. In 1973, a variance \Vas received from the P,spen Board of Adjustment to allo\V construction of a duplex on this site (Case 73-9). The Engineering Depilrtment has no comments. The Planning Office recommends approval subject to payment of the Park Dedication Fee; the six month lease restriction; and, the 90 day notice to the tenants to establish a right of first refusal at market value, lmk , l-;,~:';':(Jr::l\.I';Jt..:,,; TO: Clayton Eeyrir.,q J '-'-/ pn.o:I: ", f "'} ,i~ ~ ,..",1~C:}:: t;.:1...-~onr2l (I , , ,\ hpril 11, 1977 Dl:TS: [8: IJot 18 r Block 2, S~1o,:}b1..l:-Jn'l Snb....1ivi:;ion ParJ( rlc~ication F0C V~]_uution Pleaso GC(~ nttachQ(~ let.tor fr!)r'.1 JiJ.~'r:(~s J.. 1:Jollicc-t r:~gardi.:'l"~ his vaJ.uC:.tion of the ;!}';(YI,r'3 pro;):~rt:y for P,TCk. c1~dic;)tion f0.0. pn:rp0~:;0S ~ I Qccept hi~:; vL~lL1tttion of :>1S, 000 .::S }:"::"~)rcse;lting th8 va.lllC of thi;:; prope:."cty.. I'll/pm L;:c~ Hal Clark /' 0~\~ ctJ5/ (J~ ~rfie.. tf}, 560 ~ ,wc'--s- -k / '3, /) 8 )' ~ 8'" ::- :<t; 60,/2 ) /4-e. C;{J~ --------- '. ,w PETr.::r'i V/'.r" UOht;ELCfJ, P,C. Al TDr""iCY /'-,T lA"',' SUIl E :;~U2 MILL. /,', M/\/N nUIL01NG -10U L. :.:1\1;-... [i.1 REFY P.{J. nux OOD':) ASPU-J, CO:~[J[:"AD:J [;1611 (~J D3) 9'25-64-15 Pebruury 15, 1977 City of Aspen Plilnrling and Zonjng CC)IT@issioll ci ty Hall l~spcn, Color2,c1o Rc: !~pplica tiOIl for excmr;tion from Subdiv ision Hegul2< tionco. Gentlemen: It i~ requested that the foJ.lowillg dcscril:)cd transaction be exempted frem the upplieation of the City of Aspen subdiviEJ.on rcgulutions.. 1. The real property involved is described as: Lot 18, Block II Snowbunny Suhdivisj_on Ci ty of ]\spon Pitkill Courd~y, Colorado 2. Hobert P. Winchester, Charles M. Howars and Bruce E. McDonald, herein called the Ap~licants, huve clltered into a contract for the purchase of the property. PllrSllant to said contract, the purchase of the property is to be closed on March 1, 1977. 3. The property is located in the R-15 zone district. 'I'he R-15 zone di strict permits a tviO family (,,'elling. 4. An existing duplex is situated on the property, con- sisting of a ground floor unit and a second floor uni t. An imnrOVCli1c.n t sunrcy of the property is enclosed 110rcwJ.th. 5. Upon the purchase of the property, the Applicants desire to subdivide the existing duplex. This will be accomplished by the adopU.on of a plan whereby one owner (s) ,-:ill hrl.vG an undivided one-half interest in the propc;rty toClether w.i.th the exclusive right, .to use ilnd occupy one of the uni b.; und the other owner (s) wili have an undivided one-half interest in the property ....---- togct11cr ~lith the c:!clusivc right to use and or:Cllpy the other unj t. r~'hc plan vlil1 b(~ ir;'lplcrn0nt(~d by plDcin'-J it D0c]ari1tion of l;c<;trictiol1s upon tl'JC property and by the CXCClltiol1 2nd {~~livcry of appropriate deeds. 6. Applicants understand that the grant of the requested subdivision exc~lption ffi2Y be COlldition~d upon the imposition of r~1)t21 restrict.ions simiJ.ar to thoso set fort!l ill t~c rcccntJ.~ C112~tcd amendment to the zoni!J9 ordJnz.u"'jcc. l\polj.cuntE; are vJilling to accept such .rental restric~.iorl.s dfl. a condition of the exemption should you deem theul llccessary and appropriate. The subdivisiol1 of one },()t with 3D €xistirlg dllplex creates conditions whcreb\' strjct comp1.i3nce \..'ith subdivision :ce~Tulations Ylould deprive Applicants of the rC2soDzlLlc use of their Idnd. The r(~al1ested pxemption will not iy' any way illCrGaSC th2 lUlld use impact of t}1(..~ Fropcrt.y and \-lould not appC'-itJ: to conflict vIi tl) the intent arld purpose of tl~u subdivi3i.on reglllatior:s w~ich are directed to as~;ist the orccr.ly, efficient and jntcgratf~d dcvclopmenf:, r.o insure proper distrj.bu~:iorl of populrltiun, to coordil}~tc the need for public servic(~s, and to encourage well planned subdivision. It is requested that this ffi3tter be place0 upon the agenda for your next regular meeting. Your favorable consideration will be appreciated. Nine additional copies of tllis request and tllG 3rnprovcment survey are enclosed herewith, together with one copy of tho proposed Declaration of Restrictions. YOU1~S very truly, , I / I c (> T- / , . Peter Van DomclcD Attorney for Applicants PVD/pp /--- r.'-" -. ,'.,. '",.... !Olrn 's I ~~I\ I11U1 . (,1< t:" if "II,,:,'J ~~',,~ I"t,! 1 14. I t \ 1 sr.' .t! itl ,. 11m gt!h. (l ;ISXlhh!d'~.Ii;L. Real Estatu ArJ!lr8isers ond Consultants Aspen, Colorado MJsGn & Morse [3u!~dillg. 31!:) last Hyman Avenue. Aspen, Colorado 81611 .303/925-8987 -;:> - ,;:t:;--'), , "\ "\JI"',...,u ~v--- c..\.-'I --IV () 1<_ April 6, 1977 \p-tlY"- ~ Mr. Mick Mahoney Aspen City Manager City of Aspen P,O. Box V Aspen, CO 81611 ... .",-, n(--\ .r../~ <.\'~ f' --<::\........ Re: An "Opinion of Value" for the Hinchester Park Dedication Fee, Lot 18, Block 2, Snowbunny Subdivision, Aspen, CO Dear Mick: Pursuant to the request of Mr. Peter Van Domelen, I have personally inspected the subject property, have gathered and analyzed applicable market data for the purpose of estimating Fair Market Value of the subject site, if vacant. The subject site contains 14,595 square feet, approximately, and is presently improved with a two-story duplex residence and average site improvements. The site is presently zoned R-15, residential, which allows for the development of the subject duplex. In this analysis the land is valued as if vacant and available for duplex construction. Numerous sales of duplex properties have been gathered and analyzed on the basis of their location, views, and topography. Most recent of these sales is Lot 15, Snowbunny Subdivision, which sold in February, 1977 for $52,500. This sale is similar to the subject in location, however, being an interior lot off of Cemetery Lane, it offers superior privacy. This sale is vacant and currently there are plans for duplex construction. Another recent sale is Lot 10 Filing 1 Hest Aspen Subdivision. It sold in August, 1976 for $42,500 and contains approximately 16,000 square feet. This sale also has a corner location on Cemetery Lane, nearly across from the subject. This property was vacant at the time of sale and zoned for duplex residence. The subject lot is located near both of the recent sales. Its location on Cemetery Lane, adjacent to the cemetery, often is noisy with automobile and bus traffic, and is inferior to the SnOl"bunny sale, but is very similar to the Lot 10 sale. After analyzing the most recent sales of duplex properties and considering the subject's location, views and exposure, it is my opinion that the Fair Harket Value of the subject site, if vacant, as of April 6, 1977, would be: Forty Five Thousand Dollars $45,000. r"";1 I .~ (.,.,"d James J, Mollica, R,M, Appraiser.Collsultant 1--'''''' ."." Mr. Mick Mahoney Winchester Dedication Fee April 6, 1977 Page Two Contained in my files are numerous sales from which I have based my opinion and they may be made available to the client if necessary. I hereby certify that I have no present or future contemplated interest in the subject property and that my fee is in no way contingent upon the valuations set out in this report. If I can be of further assistance in this matter, please call. Sincerely, Van Domelen Attached; Appraiser Qualifications JJJ:1:sy JilllWS.I. Mnllim \\\sslli'lilll'~ Inf. Real E$tdto ApprDiscrs and Consu'tants Planning Staff / MEMORANDUM TO: FROM: Dave Ell i s RE: Subdivision Exemption - Winchester Duplex Condominiumization DATE: February 17, 1977 This is a request for subdivision exemption by Robert Winchester to permit condominiumization of an existing duplex of Lot 18, Block II Snowbunny Subdivision. We will schedule a Planning and Zoning Commission review upon receipt of your comments. lid ) J.~~ jt/77 ~~~. '~ "'~~, PETER VAN DDMELEN. P.C. ATTORNEY AT LAW SUITE 202 MILL & MAIN BUILDING 400 E. MAIN STREET P.O. BOX B009 ASPEN, COLORADO B1611 (303) 925-6415 February 15, 1977 City of Aspen Planning and Zoning Commission City Hall Aspen, Colorado Re: Application for exemption from Subdivision Regulations. Gentlemen: It is requested that the following described transaction be exempted from the application of the City of Aspen subdivision regulations. 1. The real property involved is described as: Lot 18, Block II Snowbunny Subdivision City of Aspen Pitkin County, Colorado 2. Robert P. Winchester, Charles M. Rowars and Bruce E. McDonald, herein called the Applicants, have entered into a contract for the purchase of the property. Pursuant to said contract, the purchase of the property is to be closed on March 1, 1977. 3. The property is located in the R-15 zone district. The R-15 zone district permits a two family dwelling. 4. An existing duplex is situated on the property, con- sisting of a ground floor unit and a second floor unit. An improvement survey of the property is enclosed herewith. 5. Upon the purchase of the property, the Applicants desire to subdivide the existing duplex. This will be accomplished by the adoption of a plan whereby one owner(s) will have an undivided one-half interest in the property together with the exclusive righ~ to use and occupy one of the units and the other owner(s) will have an undivided one-half interest in the property I '-.. together with the exclusive right to use and occupy the other unit. The plan will be implemented by placing a Declaration of Restrictions upon the property and by the execution and delivery of appropriate deeds. 6. Applicants understand that the grant of the requested subdivision exemption may be conditioned upon the imposition of rental restrictions similar to those set forth in the recently enacted amendment to the zoning ordinance. Applicants are willing to accept such rental restrictions as a condition of the exemption should you deem them necessary and appropriate. The subdivision of one lot with an existing duplex creates conditions whereby strict compliance with subdivision regulations would deprive Applicants of the reasonable use of their land. The requested exemption will not in any way increase the land use impact of the property and would not appear to conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development, to insure proper distribution of population, to coordinate the need for public services, and to encourage well planned subdivision. It is requested that this matter be placed upon the agenda for your next regular meeting. Your favorable consideration will be appreciated. Nine additional copies of this request and the improvement survey are enclosed herewith, together with one copy of the proposed Declaration of Restrictions. Yours very truly, .' /)1 \ (" I t~~'\ ()@~~tat:'t~1 , Peter Van Domelen Attorney for Applicants PVD/pp DECLARATION OF RESTRICTIONS KNml ALL 11Ft; BY TEESE PRESENTS: ,i'!IEREl,S, ROBERT P. FU;CHESTER, CP.ARLES H. Em'!' ES af'.d BRUCE E. McDONALD (hereinafter collectively called "Declarant"). are the owners of the following described real estate, to-wit: Lot 18, Block II, Snowbunny Subdivision, City of Aspen, County of Pitkin, State of Colorado; WHEREAS, a duplex building consisting of a ground floor apartment unit, which shall be known as the Lower Apartment Unit, and a second floor apartment unit, which shall be known as the Upper Apartment Unit, and other improvements appurtenant thereto have been constructed on the Property; and WHEREAS, Declaraf'.t desires to convey undivided percentage interests in and to the Property and to establish a plan for the use and co-ownership in fee simple of real property estates con- sisting of co-ownership by two individual owners, as tenants in common, of all of the Property, together with af'. exclusive right to use an Apartment Unit in the Building as hereinafter provided. NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, re- strictions, uses, limitations, and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the subject property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. 1. Definitions. (a) "Apartment" or "Apartment Unit" means an individual unit, consisting of enclosed rooms occupying part of the Building and bounded by the interior surfaces of the peri- meter 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 contained, but not including any of the structural components of the Building within an Apartment Unit. (b) "Owner" means any person or entity, including Declarant, 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. (c) "Mortgage" means any mortgage, deed of trust or other security instrument by which the interest of any Owner is encumbered. (d) "Mortgagee" means any person named as Mortgagee or beneficiary, including successors and assigns thereof, under any mortgage which the interest of any other Owner is en- cumbered. (e) "Co1'1mon Area" means and includes all portions of the property except the Apartment Units, including, but not limited to, the following: (1) The land on which the Building is located; (2) The foundations, columns, girders, beams, supporting walls, floors, and ceilings; exterior walls and surfaces, roofs, balconies, patios, terraces, walkways and stairs or stairways of the Building; (3) The yards, gardens, parking areas, and storage areas; (4) Any installations consisting of equipment and materials making up any central utility services; (5) In general, all apparatus and installations existing for common use; (6) All other parts of the Property necessary or convenient to its existence, maintenance, and safety, or normally in common use. (f) "Limited Common Area" means any Common Area designated herein for exclusive use by an Owner. Any bal- conies, terraces, porches, patios, stairs or stairways and storage areas which are commonly identified with or appurt- enant to a particular Apartment Unit shall be Limited Common Area for the exclusive use of the Owner having the exclusive right to use such Apartment Unit. (g) "Property" means and includes the land, the Building all improvements and structures thereon, and all rights, ease- ments, and appurtenDnces belonging thereto. (h) "Building" means the building improvements com- prising a part of the Property. 2. Use and Occupancy. The use and occupancy of the Pro- perty shall be governed by the following provisions, to-wit: (a) Subject to the limitations contained in this Declaration, each owner shall own an undivided fifty percent (50%) interest in the Property together with an exclusive right to use one of the Apartment Units 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 appurtenant to an Apartment Unit. (b) Each of the respective Apartment Units in the duplex residence situate on the subject property shall be used by the Owners thereof as a single family private residence, in accordance with the then applicable zoning. (c) In the event of the lease of an Apartment Unit, the lesser shall not be permitted to keep or maintain any pets or domestic animals on the property. -2- 1-"-" ~"'"'" "" ".' 3. Maintenance ana Alteration. (a) Except as hereinafter provided, the interior (including, for the purposes of this sub-paragraph, window glass) of each of the Apartment Units shall be furnished, maintained and repaired at the cost and expense of the Owner having the exclusive right of occupancy and use thereof; and, further, each Owner shall be individually responsible for the care, maintenance and expense for that portion of the Building in which the Owner has exclusive right of occupancy and use; (b) Each Owner shall share equally the costs and responsibilities of ordinary maintenance and repair of the Common Areas. (c) No material alterations, including but not limited to, architectural, aesthetic or structural alterations, may be made to or upon the said Common Areas without the consent of both Owners thereof; provided no owner shall arbitrarily or unreasonably withhold his consent. 4. Insurance. Each Owner shall share equally in the cost of maintaining fire and structural casualty insurance covering the Property, in an amount to be mutually agreed upon by the Owners, which pclicies shall recite each of the Owners as named insured, as their interests may appear, and which in no event shall be less than the replacement value of the Building. Further, each Owner shall share equally in the cost of maintaining liability insurance in an amount sufficient to protect each Owner in the event of personal injury on the Common Areas resulting from failure to re- pair or maintain such areas. In the event negligence on such Common Areas is solely attributable to one Owner, the other Owner shall not be liable for contribution. 5. Destruction. Damage or destruction of the Building as a result of fire or other casualty shall be governed by the following provisions: (a) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the Building, shall be promptly applied by the Owners to such reconstruction, subject to the rights of Mortgagees and subject to the rights, if any, of mortgage insurers of such Property, which Mortgagees and insurers shall be notified, in writing, of such damage or destruction, within 30 days thereof. (b) If the insurance proceeds are insufficient to repair and reconstruct the Building, the Owners shall immed- iately appoint an independent appraiser to determine the percent of the premises which has been destroyed. If not more than sixty percent (60%) of the Building has been dest- royed, such damage or destruction shall be promptly repaired and reconstructed, with the cost thereof in excess of the insurance proceeds to be borne equally by the Owners. Each Owner's portion of this excess cost shall constitute a lien upon such Owner's interest in the subject property, enforce- able by the other Owner as provided in paragraph 10 below. -3- (c) If the above mentioned appraiser determines that more than sixty percent (60%) of the Building has been dest- royed, and the Owners have not reached a mutual agreement to reconstruct said duplex within thirty (30) days following the delivery of such appraiser's report, the remaining Building subject to the rights of Mortgagees, shall be sold, and the costs and proceeds of such sale, t0gether with the insurance proceeds, divided equally between thE Owners. (d) Each Owner hereto shall be solely responsible for obtaining and paying for fire and other insurance coverage on such Owner's furnishings and other items of personal property, and for casualty and public liability insurance coverClge within that portion of the Building for which such Owner has the exclusive right of occupancy and use. 6. Taxes, Utilities and Common Costs. (a) Each Owner shall be responsible for timely pay- ment of the general property taxes levied upon such Owner's interest in the Property; provided, however, that until such time as said taxes shall be levied separately upon each Owner's interest in the Property, said taxes shall be shared equally by the Owners. (b) The Owners shall share equally in t~e costs of gas, water and other utilities which are metered to the Buildinq as a whole and not to the individual Apartment Units, and' in the costs of sewerage, trash removal and snow plowing. (c) Each Owner shall be responsible for the costs of electricity, telephone and other utilities which are separately metered to such Owner's individual Apartment Unit. 7. Access. Each Owner hereto shall have the irrevocable right from time to time, during reasonable hours, of access to each Apartment Unit an~ to all Common Areas for the purpose of making emergency repairs, and for maintenance or replacement of any of the Common Areas located therein or accessible therefrom. 8. Right of First Refus&l. The sale of an Owner's interest in the Property shall be subject to the following terms and conditions: (a) In the event that any Owner receives a bona fide offer to purchase his interest in the Property, such Owner shall give written notice of such proposed sale to the other Owner, which said notice, being a true copy of said offer, shall state the terms and conditions, purchase price, and the name of the purchaser. Said notice shall be deemed to be given either when served personally upon the non-selling Owner or when mailed by certified or registered mail to the non-selling Owner at his last known residence or business address. The non-selling Owner shall have a period of twenty (20) 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 the non-selling Owner does not exercise such right to purchase the selling Owner may then sell his interest in the Property to the person and upon the terms and conditions and for the price as set forth in said Notice. -4- +-------. . , (b) In the event of any default on the part of any Owner under any Mortgage which entitles the holder thereof to foreclose same, any sale under such foreclosure, including delivery of a deed in lieu of such foreclosure, shall be made free and clear of the provisions of this paragraph 8 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 Declaration. If the purchaser following such foreclosure sale, or grantee under deed given in lieu of such foreclosure, shall be the then holder of the Mortgage, or its nominee, the said holder or nominee may thereafter sell and convey the interest free and clear of the provisions of this paragraph 8, but its grantee shall thereupon and thereafter be subject to all of the provisions hereof. (c) 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 wa.s given by the selling Owner and that non-selling Owner did not elect to exercise his right of first refusal to purchase. 9. Right to Reimbursement. (a) Any taxes, utility charges, insurance premiums or other costs, which are to be divided between and shared by the Owners inter es, may be paid in full by either Owner when deemed necessary or convenient to do so. In such event, the Owner making such payment shall thereupon have an immediate and enforceable right to demand and receive full reimbursement from the other Owner for the latter's share of the payment so made. The Owner entitled to such reimbursement shall have an enforceable lien upon the other Owner's interest in the Property for the amount of such reimbursement. (b) To evidence such a lien, the Owner shall prepare a written notice of lien setting forth the amount to which he is entitled, the date due, the amount remaining unpaid, the name of the Owner and a description of such Owner's interest in the Property. Such a notice shall be signed by such Owner and recorded in the Office of the County Clerk and Recorder of Pitkin County, Colorado. Such lien may be enforced by judicial foreclosure by the Owner in the same manner in which mortgages on real property may be foreclosed in Colorado. In any such lien filing or foreclosure, the non-paying Owner shall be required to pay all costs and expenses incurred with respect to such lien or foreclosure proceeding, including the costs and expenses of filing the notice of lien and all reason- able attorney's fees incurred prior to and during any fore- closure proceeding. All such costs and expenses shall be secured by the lien being foreclosed. The Owner making such payments shall have the right and power to bid at the fore- closure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner thereof. (c) A release of notice of lien shall be executed by the Owner and recorded in the Pitkin County, Colorado, real estate records, upon payment of all sums secured by a lien which has been made the subject of a recorded notice of lien. 10. Enforcement. The covenants, conditions and restrictions set forth in this Declaration constitute a general plan for the maintenance, protection and enhancement of value of the Property -5- 1- and the Apartment Units contained thereon, and for the benefit of both Owners. Said covenants, conditions and restrictions are imposed on the entire Property for the benefit of the present and future Owners thereof. Said covenants, conditions and restrictions are and shall be covenants running with the land or equitable servitudes, as the case may be. The breach of any of the said covenants, conditions or restriction and the continuation thereof may be enjoined, abated or remedied by appropriate legal proceedings by any Owner, or ~lGrtgagee under any Mortgage given for value, all of whom are hereinafter collectively referred to as "enforcing person(s)". Damages at law for any such breach are hereby declared to be inadequate. The result of or condition caused by any vio- lation of any of said covenants, conditions or restrictions is and shall be a nuisance, and every remedy in law or equity now or here- after available against a publ'c or private nuisance may be exercised by any enforcing person. The remedies set forth herein for breach of said covenants, conditions and restrictions shall be cumulative, and none of said remedies shall be exclusive. The failure to enforce any of said covenants, conditions or restrictions shall not constitute a waiver of the right to enforce the same thereafter. 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 against and recover from any defendant (other than nominal) in such litigation such attorneys' fees as the court my adjudge reasonable and proper. 11. Amendment or Revocation. This Declaration may be amended or revoked at any time by an instrument in writing, executed by all of the then current Owner or Owners of the en tie fee interest in the premises, subject, however, to obtaining the prior written approval of all of the holders of any mortgage of record in Pitkin County, Colorado and covering or affecting Owner's interest in the Property. -6- I -- 12. Duration of Declaration. Each provision contained in this Declaration which is subject to the laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienation shall continue and remain in full force and effect for the period of twent-one years following the death of the survivor of Robert P. Winchester, Charles M. Rowars and Bruce E. McDonald and the now living children of said persons, or until this Declaration is terminated as hereinabove provided, whichever first occurs. All other provisions contained in this Declaration shall continue and remain in full force and effect until terminated and revoded as hereinabove provided. 13. Arbitration. All questions, controversies, disputes or matters of interpretation arising under or with respect to this Declaration shall, if written notice of controversy is given to the other Owner as hereinafter provided, be determined by arbit- ration in accordance with the procedure hereinafter provided. If any written notice of controversy is filed with the other Owner, the matter shall be determined in accordance with the following procedures: As promptly as possible after receipt of such notice, the matter shall be heard by the arbii-rator who is a member of the American Arbitration Association, according to said Association's rules and procedures, at a convenient location in Pitkin County, Colorado. The decision of such arbitrator shall be binding and conclusive on all Owners. Any determination, decision or action as aforesaid shall be upheld by the arbitrator if it is or was authorized or proper ~nd~I thIs Declaration or consistent with the overall purposes of the Declaration. Costs:)[ any arbitration shall be borne by the Owner against whom the decision in arbitration is made. 14. Severability. In the event any covenant, condition, restriction or provision contained in this Declaration is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Declaration shall, nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, this Declaration has been duly executed by the Declarant this day of , 1977. ~ Robert P. Winchester Charles M. Rowars Bruce E. McDonald STATE OF COLORADO ss COUNTY OF PITKIN The foregoing day of M. Rowars and Bruce instrument was , 1977, E. IlcDonald. acknowledged before me this by Robert P. Winchester, Charles Witness my hand and official seal. Notary Public My commission expires: -8-