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I" '" " " ~ , 6, I', " " ( [l' ,. i.. ii' I:' I~~ 0;- ". -,,' RECORD OF PROCEEDING:, 100 Leaves Aspen Planning & Zoning April 16, 1974 'Oll"" (.,.~",,~nr,._ & L co. Regular Meeting Meeting was called to order by Vice Chairman Spencer Schiffer at 5:10 p.m,' with members Bryan Johnson, Jack Jenkins, Geri Vagneur and Janet Landry. Also present City/County Planner Herb Bartel, Assistant Planners Donna Baer and John Stanford and City Attorney Sandra Stuller. OLD BUSINESS Molny/Eubanks I Final Approval Rio Grande Subdivision Resolutions for Exen.ptions to Condominiumize Duplexes Set Public Hearing Dat,e Public Hearing Rubey Park view ,/ Planes Vice Chairman Schiffer staten that the Molny/Eubanks project was given final approval under Ordin~nce #19 subject to certain conditions. Stated that those con- ditions have been fulfilled, consequently, final approval is complete. Bartel pointed out that Molny has acquired an additional 7' easement which was purt of of the Card property a:1d can move those structures an additional 7' away from the river, which is even that much better than what he had shown on the plan. Stated that does not require any action of the Conunission. Landry made a motion that final approval be granted for the Molny/Eubanks project under Ordinance #19 since all the conditions had been met. Hotion failed for lack of a second. Vice Chairman Schiffer suggested this discussion be placed at the end of the agenda, Concensus of the Com- mission was to place this item at the end of the agenda. Bartel submitted the resolutions for exemptions to con- dominiumize duplexes \vhich the CowIilission acted on at the last regular meeting. Schiffer pointed out that Hecht and Chestnut/wejmMn with the requlI.ements and this "as only Stated that ~egulations. tHO: Jordan/ have complied Concensus of Commission was to have Vice Chairman Schif- fer sign the two resolutions. Vice Chairmar. Schiffer stated that it was necessary for the Commission to set a date for the public hearing of the historic designation of the City Hall, Lift #1 (old) and the Community Church. Johnson made a motion to set the public he".ri.ng for the historic designation of City Hall, the old Lift #1 and the Community Church for 5:00 p.m. Hay 21, 1974. Motion seconded by Vagneur. All in favor, motion carried. Vice Chairman Schiffer opened the public hearing on the Rubey Park View Planes. Schiffer pointed out that this hearing included the In- dependence Pass corridor and the Aspen Mountain View corridor. Bartel submitten a map showing the two proposed view planes. Stated that they had decreased the angle of the Aspen Mountain View Corridor and retained the In- dependence Pass Plane. Stated that the reason for this was first, wanted to, where possibl~, limit the view plane to one for the undeveloped portion of the block directly across from Rubey Park and that with both Rubey Park and Wagoner Park being public land and the use of Rubey Park for transportation center, in the 10nq run there is going to be a shift from the p]ilCC Wlh:'t-(.' v i ~;i- April, 1974 ASPEN PLANNING & ZONING COMMISSION RESOLUTION CHESTNUT/WEIMANN 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, Jim and Sue Chesnut and Joachim and Renate Weimann, to acquire undivided one half interests in Lot 4, West Aspen Subdivision, Filing 1, 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 4, W, Aspen Subdivision, Filing 1, being divided into condominium inter- ests, to be exempt from the d inition of Il Dated thiS~ay of , 1974, ^ '-' ,..,...... , aspen ,c PEN box v CERTIFICATE STATE OF COLORADO) COUNTY OF PITKIN) ss CITY OF ASPEN ) I, Catherine Armstrong, Deputy City Clerk, in and for said State, County and City, do hereby certify that the foregoing is a true, perfect and complete copy of: ASPEN PLANNING & ZONING COMMISSION RESOLUTION CHESTNUT/WEIMANN EXEMPTION FROM DEFINITION OF SUBDIVISION as the same appears of record in my office, hand and official seal this ~t~ day of , 1974. / L SEAL ., ".",,_."-_...___~."..._."_._.J.-.-.",~,">....__.... LAW OF FleES CLARK, OATES, AUSTIN & MCGRATH 600 EAST HOPKINS STREET BOX 3707 WILLIAM E. CLARK LEONARD M. OATES RONALD D. AUSTIN .J, NICHOLAS McGRATH,.JR. WILLIAM R. .JORDAN m ASPEN, COLORADO 81611 January 22, 1974 AREA CODE 303 TELEPHONE 925-2600 City of Aspen Planning Department P, 0, Box V Aspen, Colorado 81611 Attention: Ms, Donna Baer Re: Chesnut/Weimann Transaction Dear Donna: I am submitting this letter pursuant to the provisions of Section 20-10 of the Official Code of the City of Aspen requesting an exemption from the provi- sions of Chapter 20 of that Code under Section 20-10(c), I enclose herewith for you a set of Declarations of Restrictions which, in effect, propose the ownership of the two dwelling units presently situate on the subject property, that being Lot 4, West Aspen Subdivi- sion, Filing No, lA, to be occupied by two (2) tenants in common, Although this is not strictly construed as a condominium development or the creation of condominium interests, there are certain correlaries which might, under certain circumstances, make the application of the Subdivision Regulations proper to this property, However, the interests being created are interests in tenancy in common and, therefore, covered under strict interpreta- tion of Section 20-2(a), the definitions section of the Code, So that you may have a bit of historical back- ground, I have enclosed two copies of two executory land contracts recorded in the real property records of Pitkin County, Colorado, showing the creation of the interests CLARK,OATES, AUSTIN a MCGRATH City of Aspen Page Two January 22, 1974 in the property in the late 1960's, At that time the savings and loan associations in the area were not sophisticated enough to recognize any benefits from this type of ownership and, therefore, were unwilling to lend on the property, Consequently, the former owner of all of the property entered into the executory land contracts, on the theory that once her blanket mortgage on the entire property was paid off, she would then and at that time convey the fee simple deeds to the undivided one-half interest in tenancy in common to the purchasers under the executory land contracts, Since that time, the purchasers have been able to convince Mutual Savings and Loan Association of Grand Junction that it should lend, by separate mortgage, on each of the undivided one-half interests under the proposed Declaration of Restrictions. If the exemption shall be granted by the City of Aspen Planning & Zoning Commission, it would be the intent for the seller under the executory land contracts to immediately convey the property to the purchasers therein subject to the Declaration of Restrictions so they (the purchasers) may obtain individual mortgages on the property, The effect and use of the property would be no different than that which has been made since 1969, and there would be no modification in the equitable owner- ship of the property since that time. Respecting the pertinent design requirements which must be fulfilled under Section 20-7 for an entitle- ment to an exemption under Section 20-10, I would advise as follows: 1, The property fronts upon Cemetery Lane which apparently is now known as Red Butte Road, and I believe complies with all of the minimum classifications respect- ing widths and grades, 2, Cemetery Lane is an accepted road by the City which is surfaced and maintained by it at regular intervals, CLARK, OATES, AUSTIN B. MCGRATH City of Aspen Page Three January 22, 1974 3, The property is serviced by and connected to the City of Aspen Water system, The property is serviced by and connected to the Aspen Metropolitan Sanitation District, 5, All requirements of Section 20-7 of the Official Code of the City of Aspen relating to lot sizes are complied with; and inasmuch as the property is fully improved, the applicants would request a waiver of certain of the sub-provisions of the said subparagraph 5, If you should need additional information respect- ing this application, I would be more than happy to provide the same, I would request that the exemption application be processed and that I be advised of a date of hearing if you feel a formal presentation is neces- sary, Your cooperation and assistance in this matter is appreciated, Very truly yours, CLARK, OATES, AUSTIN & McGRATH By ~1? /lIVYVLt' Leonard M. Oates LMO:dlw Enclosures cc: Mr, and Mrs, Jim Chesnut Mr, and Mrs, Joachim Weimann Ms, Sandra M, Stuller I'f"c'.... '''''. "...... DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, JIM W, CHESNUT and SUE CHESNUT, as joint tenants, and JOACHIM J, WEIMANN and RENATE F, WEIMANN, as joint tenants, an undivided one-half (1/2) interest each, as tenants in common and not as joint tenants, hereinafter (with BARBARA FASCHING) called "Declarants," are the equitable owners under those certain Executory Land Contracts recorded in Book 241 at Page 827 and Book 238 at Page 30 of the records of Pitkin County, Colorado, of the following described real estate, to wit: II I. ji I Lot 4, WEST ASPEN SUBDIVISION, FILING NO, I-A, County of Pitkin, State of Colorado, and WHEREAS, legal title to said real property is vested in Barbara Fasching (also a Declarant), the person from whom the Declarants are purchasing the said real property; and WHEREAS, the said Barbara Fasching heretofore con- structed two connecting "single-family" buildings and other I, II II ,I I; . improvements appurtenant thereto on the above-described property, which buildings contain two (2) Residence Units; and WHEREAS, Declarants Chesnuts and Weimanns desire to have conveyed to them undivided percentage interests in and to said property and to establish a plan for the use and I .1 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 I , II ., use a Residence Unit in the buildings as hereinafter provided. NOW, THEREFORE, Declarants do hereby publish and II declare that the following terms, covenants, conditions, ease- ments, restrictions, uses, limitations, and obligations shall Ii be deemed to run with the land above described, shall be a 'I burden and a benefit to Declarants, their heirs and assigns and any person acquiring or. owning an interest in the real ,I .......... property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns, I, DEFINITIONS 1.1 "Residence" or "Residence Unit" means an individual unit, consisting of enclosed rooms occupying part of a Building and bounded by the interior surfaces of the perimeter walls, . floors, ceilings, windows, doors and built-in fireplaces, if any, of a 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 a 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 "Mortgage" 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 Mortgagee or beneficiary, including successors and assigns thereof, under ,l . any mortgage under which the interest of any Owner is encumbered, 1.5 "Common Area" means and includes all portions of the Property, except the Residence Units, including, but not limited to, the following: (a) The land on which the Buildings are located; (b) The foundations, columns, girders, beams, 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 Buildings; (c) The common yards, gardens, parking areas, and storage spaces and sheds; - 2 - ,"''''' .-.,~,< '...._"... (d) Any installations consisting of equipment and materials making up any central utility services; (e) In general, all apparatus and installations exis~ing for common use; and (f) All other parts of the Property necessary or convenient to its existence, maintenance, and safety, or 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, 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 Owners of said Residence Unit. 1,7 "Property" means and includes the land, the Buildings, 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 COMMON AREAS 2,1 Said Property is improved with two buildings containing two (2) Residence Units as shown on the plans attache hereto as Exhibit "A," Subject to the limitations contained in this Declaration, and to the terms, provisions, reservations and restrictions set forth on the recorded plat of West Aspen Subdivision, Filing No. I-A, and contained ~n the Covenants for said Subdivision recorded in Book 229 at Page 78, and amended by instrument recorded in Book 229 at Page 507, all of the records of Pitkin County, Colorado, and the terms, condi- tions and obligations of the Articles of Incorporation of the West Aspen Homeowners Association recorded in Book 233 at Page 496 of those records, each Owner and their respective successors and assigns shall own an undivided fifty percent (50%) interest in the Property, together with an exclusive right to use a - 3 - " r"'.... i I I Residence Unit in the Buildings, the non-exclusive right to I use and enjoy the Common Areas and the exclusive right to use I I and enjoy any Limited Common Areas which may be designated on I I the attached map for exclusive use by such Owner. , I 2,2 Each Residence Unit shall be used and occupied I for single-family residential purposes only and no trade or I II business of any kind may be carried on therein, Lease 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 or otherwise 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- dence Unit, including, without limitation, interior walls, windows, glass, ceilings, 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 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 II Ii used for any purpose or in any manner which shall cause a I Building or any Residence therein to be uninsurable against i, I' 'I II II Ii II Ii loss by fire or other perils of the extended coverage casualty - 4 - I' I I' i insurance, or cause any policy or policies representing such insurance to be cancelled or suspended or the company issuing the same to refuse renewal thereof, 2.6 Neither Residence Unit shall be used in any manner that will interfere with the enjoyment of occupants of the other Unit or annoy them by unreasonable noises or otherwise, nor shall any nuisance, or immoral or illegal activity, or activity in v'iolation of the Covenants for West Aspen Subdi- vision, Filing No, l-A, 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 rul~s promulgated by the Board of Govenors. which may include, but are not limited to (i) vehicular park- ing, (ii) vehicular and pedestrian movement on the Common Areas, including ingress to and egress from the Residence Units in the Buildings, (iii) recreational uses subject to rules established by the Board, and (iv) 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 Common 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 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 only through the Residence Units. The Owner of the other Residence Units stall have the irrevocable right, to be exer- cised by a member of the Board of Governors as his agent, to have acc.ess to the other Residence Unit and to all Common - 5 - II I 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 repairs 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 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, <\J I II, 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 Owner 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. In addition, the two (2) Owner Governors shall chose between - 6 - II "".... -'." themselves a third person who shall not be an Owner, which II I: !: said person chosen shall be the third Governor. The Owner Governors shall not receive any compensation for the perform- , , Ii I: ii Ii !I II II I 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, 3,3 Jim W, Chesnut and Joachim J, Weimann shall be the initial Owner Governors. 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 quorum for the transaction of business, There shall be required 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 I il i :1 I ~ Ii II I I and Secretary, to fix their respective powers and duties, and to establish rules and regulations not inconsistent herewith r'elating 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 Owner Governors, - 7 - ---_._~-------j 1"'" "'" "'<,.,' (b) To adopt rules not inconsistent with the provisions of this Declaration, or the Protective Covenants for West Aspen Subdivision, Filing No, I-A, 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 forth in Article V, below, (e) To enforce the provisions of this Declaration; 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 OWner, his successoJ;:s or ass igns , (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 each of the Owners as named insureds, as their interests appear, (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 Buildings, 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 and all other improvements or materials located within or used in connection with the Common i 1 , j I I I - 8 - 11''''''- ".'. '-.,.. '..,'" Areas, The specification of duties of the Board of Governors with respect to particular Common Areas shall not be construed 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- sonne 1 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 which 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 to pay and discharge any lien, encumbrance or assessment levied against the Property, V, ASSESSMENTS BY BOARD OF GOVERNORS 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, - 9 - , I I I I 1 I 1 1 ! " 1 ,~ I I ; ~ l I 1 .1 'I I. I JII"'...... ". (d) Maintenance and repair of the exterior surfaces of the Buildings and Common Areas; and (e) Payment for assessments' levied against the Property by the West Aspen Homeowners 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, the Residence Unit which the Owner has the exclusive right to use, 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 with said interest, costs and reasonable attorneys' fees in the event enforcement is commenced, shall be and become a lien as provided hereinabove when the Board causes to be recorded with the County Recorder of Pitkin County a notice of assessment, which shall state, the amount of such assessment and the aforesaid interest, costs, and attorneys' fees, the name of the Owner, a description of the Owner's interest and the Residence Unit which he has an exclusive right to use, Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the Board shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof, Unless sooner satisfied 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-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 II - 10 - r' "',' ;~-,,, .- permitted by law. The Board shall have the power to bid in the interest of the Estate of the defaulting Owner at fore- closure sale and hold, lease, mortgage and convey the same in the name of the Board of Gov ernors, 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 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 herein- above provided, 5,4 Neither Owner, his successor, or assigns, may exempt himself from liability for his contribution towards the common expe~ses, 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, VI. RIGlIT 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 11- ,F---" " " ," ." 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 interest in the Property to a trust deed, mortgage or other security instrument, The right of first refusal as provided herein shall extend and run for the lives of Jim W, Chesnut and Joachim J, Weimann, 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 foreclose same, any sale under such foreclosure, including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of 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 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 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,l, but . its grantee shall thereupon and thereafter be subject to .all 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, - 12 - ,. ,"" , " 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, condi- tions or restrictions may be remedied and enforced by appropriate 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 referred to as "enforcing person(s)," Damages at 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, conditions or restrictions is and shall be a nuisance, and every remedy in law or equity now or hereafter available against a public or private nuisance may be exercised by any enforcing person. 7,4 The remedies set forth herein for breach of said covenants, conditions and restrictions shall be cumulative, ,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 as the court.may adjudge reasonable and proper, - 13 - ,",,", " 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(s), 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(s), the Board of Governors will immediately appoint an independent appraiser to determine the percent of the Building(s) which has been destroyed, If not more than sixty percent (60%) of a 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 a 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 equitably distributed in the following order: (a) For payment of the balance of the lien of 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 junio~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, I I, - 14 - If c' '. a- 8,4 If the above-mentioned appraiser determines that more than sixty percent (60%) of a 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 AMENDMENT TO DECLARATION 9,1 This Declaration shall not be revoked nor shall any of the provisions herein be amended unless both of the Owners of the Property, as reflected on the real estate records of Pitkin County, Colorado, 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, restrictions, and limitations created by this Declaration shall continue until this Declaration is revoked or terminated in the manner provided herein, 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, 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, - 15 - I , q I, Ii " " I' II II 1i 'I ,,"," ~ ~..." -"~/ " .~ IN WITNESS WHEREOF, this Declaration has been duly executed by the Declarants this day of , 1974, Declarants: Jim W. Chesnut Sue Chesnut Joachim J, Weimann Renate F, Weimann Barbara Fasching STATE OF COLORADO ) County of pitkin ) SS: The foregoing this day of SUE CHESNUT, instrument was acknowledged before me , 1974, by JIM W, CHESNUT and WITNESS my hand and official seal, My Commission Expires: Notary Public STATE OF COLORADO ) County of Pitkin ) SS: The foregoing this day of and RENATE F, WEIMANN, instrument was acknowledged before me , 1974, by JOACHIM J. WEIMANN WITNESS my hand and official seal, My Commission Expires: Notary Public i I I i , I , I , I I , i i I i i 'I II Ii I I STATE OF COLORADO ) County of pitkin ) SS: this The foregoing instrument was acknowledged before me day of , 1974, by BARBARA FASCHING, WITNESS my hand and official seal. My Commission Expires: Notary Public - 16 - ...,.~.._.._...,... - .c;'-"": ;.;...:-<'" r, r-, '" ,,,,' __.~'~. ."--'-'._'1'""~-.' .- ..' ~ ...._-,.""~,.:;;~.,... ,""' T-=:-.""., ~ 't . &,"'--u."-r.'.,.", ,~. ~'M~~"'-"""< ~-'"1c~ ";0' - l"~I.'_a.~o1''':!:;''o'''''>,.it~~\~..,,.;~:r...,, " " rUed for a.cord It ':5'1 o'dod: P.M. Jun. 26. 196' .ft~tloe ......,. U)"61. 'IIUY E. "IUIe-h. he-order. 87.7 'r,: EXFCllTORT LAND CONTRACT J J t/. Th.. .\<<reemml m&de and en~rl'd Inin IhllI II da)' of rl'f,rullry, I !Hj'J , br and between RARIlARA FASCHING, or thfl CUy 01' Aspen, Slate of Colorado, puty of the Urat part, hereinafter called the Seller, and JOACIIIM J, WEIMANN and RENATE F. WEIMANN, .. jo~t tenant. and not.. tenanta In common. ollrtlell of thfllll'f"nnd pari, herelnalter called the Ru)'en, Wher~, the Seller 18 presenU}' the m\llcr of the followln!! de8crlbE'd ,. real property. locate4'in lhe CClUnt). of PlUc'ln, Slate of Colorado, more fully described liS follo.,'s: lnt 1, Weill Aspen Subdh'lslon, Filing No. I-A, according to the recorded plat thereof. with all Irnprovemente thereon, and Wherelllll', the ScHcr presently has a loan on said property secured by a Deed of TTuat In the amount of Thtrt}'-8lx Thousand Dollars ($36,000,00), said loan being with the Mutual. Savings and Loan Association, Grand Junction, Colorado, and' Wherell8, said loan Is evidenced by a Promissory Noteiiiade by the Seller to that lendiDg institution, In the amount above slated, and Whereas. that lending fnp Hutton bas taken the position that fee simple title to the above described property sball remain In the Seller for the time b;:l ng, .and Whereu, The SeHer presently has entered Into an Executory Land eon.. tract almUar to this Agreement contracting to sell the northerly one-half (1/2) or the above described real property, Including all Improvements, to JIM W. CHESNUT and SUE CHESNUT or Aspen. Coloradot and Whereas, ~e Buyers are desirous of buying the southerly one-haif (1/2) of tho above described real property, f1ald purchl1lle to Include all Impro\'(uncnts, Now Thereforo It .. Agreed as followSl That U the Dl(Vcrs shall Hnt make the /layments and perform the coven- ante herein mentioned to be performed by th.f'm, Ih(' 8...11('1' will thereupon convey to the Buyers SA Joint tenants.the follOWing: descrl~d real property sItuale In,the County of Pitkin, Slate 0( Colorado, to wit: An undivided ono-half (1/2) Interest.. tenants In common and not 119 joint tenants in and to Lot -4, West A6pen Hub- division, Fuing No, I-A, Pitkin County, Colorado, toj(etber with I1Il t'xcluHI\'(1 IIse of the southerly one-lwlC (If:} vi uiti lot and all improvllmf'hts.theroon.. morn full.\' d"lI~rlbed hen'in, ,- '., .. ~ ; (~. ~ - ;~r;;~~~;~: . '~ ':-~."'.. . , y -' . C7 }. . " , " . ...~.-/ '~~ \.:' ,-....., -~. . _':~.~ ~~ ,. ~ .' .----~......-..,.. ,-......-- I { ,I~ . "'''< ~ '..- .",~ .- ~, --~ . ".~',.;..~ . -'>. _.' - '"-,,,-,~~ . "" "...... I . t . . 82g :..-~/~ ~ In let' .Imple by &ood and aurrkleal f'rtlItf'ral Wllrnnty Oerrl, and all tf,'n'I"u. In common IrfMl and clear of all lien. IDd enr.umbranec., e:lctpllhe relllrlctlons, wbleh do ncot con- tabl a forftture or reverle,r clau.e, a. cOft;talned In the Instrumenl recorded September \.1: 5,1'67, In Book 229 at Pqe 18 of the records 0( Pitkin. County, Colorado, and.. t amnded by 1ft lntfl'Umeat recorded October 4, 1967 ID Book 229 at Page 501 of the recorda of Pitkin CounI7. Colorado'- term., condltlorul, and obligations contained In the Article. of incorporation or the West Aspen Home ~en Ass<}Clatlon, recorded March 6, l::t68 In Book 233 at Page 496 of the recordll of Pitkin County, Colorado, minerai and patent rellervatlons oi record. and any liens or encumbrances created by <. or through the BII)'en, A title tnsurancc comm Itlment In an amount equal to the purchllfle price, thall be furnished to th~ Buyen within fifteen (15) days of the date of the execu- lion of Ihill contr~t, showing tlUe to the property to be vested in the Seller free and clear of all encumbrances except.. stated otherwise herein, At the time 01 delivery ,~A' 1 ','i 0( the General Warruty Deed as herein provided, the Seller shall, at her awn expense, provide the Buyeu with .. title Insurance policy in the amount of the purchase price. !'; Tbe Buyers agree to pay to the order of the Seller the entire purchase price (or said propert;y the sum of Thirty-two 'I1mu.and Five Hundred Dollars ($32,500.00), payable as (ollows: a. Three Thou.and Two Hundred Fifty Dolla.rs ($3,250, O(J) upon execution of this agreement, recetptwhereot Is hereby acknowledged by the ~ller. b, Eleven Thouaand Two Hundred Filty Dollau ($llt250, 00) upon the Buyers taking po..esslon 0( the prope-ty, c. The balance 0( the Seller's loan Ilt Mutual Snvlngs II Loan Association that being In the apJFoxlmale amount 0( Eighteen Thousand Dollars ($18,000.00), shall he Plltd to the Seller In equal monthly tnstallments of One nundred Sevelity-four Dollars and Elgbty-nirle Cents ($i14. 89) until (ully paid, said installmentfl anI! that "aid Installments shllll be applled agatnst the Seller's obligation on Lot 4, t r t , Includlll';t Interest at the rate of eight percent (1.;;-) per aMum on all unpaid h:dances. , The Seller rCj)rl'.cuts and the Duyers agree tha.t sald'lnstallmcntll shall be mluJc JolnU) to the order 0( 8nrbarll Fasching And Mutual Savlnp;s and Loan Association, Weat Aspen Suhdlvllllon, Filing No, I-A to that flnanclallnstltutlon. aald payments to rommt-'nce April I. 191i!t, , ...-. --~ -;;.":':/ " l :J ~ ',' " ,'/ I .....,.. , '( . , j , "' ~- __,-..--.J..~.....--;--_~'_ --._____..__...'_. __ ~._....~"'. " ..,~, -" '--~.-:"~-.,~.,.. ,~ ~ - ''''-- .'~ -' ~-..... ""'... ...~, ""'--'''''''''''''''' ~_ ""''''''~~ . " . . 829 d, Additional &mOUbW m.., be added to uld Installments for pro- pe~ taxes aad Insurance. whJeh &lhpvD18 _hall be p..,...ble .. in l!Iu~l1r:lgl'llph c immedlately~. Sa,1d monthly p831!Iettm .. . reaerve for laT.~s and Insurance are presently Fifty rh'e Dollars ($55.00), but may YaI'J from time to time In the future. The Buyer. .baI! P3,Y all feDeral taxe. hereinafter to be-come due durinj;!' the life of thl. &Rreement 011 the portion of the premlaes WIder contract herein, the Intent and PUI1)OIJe being l..at Ute mODUli)' pcyment .. above Provided shall lncludt> prlllcfpaJ, interest. insurance llIt!t taxes. The Iluyerl!l (url,",r agrc@ that all bultdings now or hereinafter erected ",-,< on !'aI~ p~operty Insured for the benefit 0( the Seller Cor the \11 Jue thereof is not to exceed the unpaid balan-ce of tbla contract except at the option of the Buyen and wllJ deliver up .ald policy or poliCies to tbe SeHer. Until tbe termination hereoft Buyers shall be en.tlUed toJ possession of said proverl)-', but In the event of the f.ilure of the Buyers to maJre any one or morE' of 8:1id pa).tnents or perform the covenants agreed to be made and performed by the Buyers, this Agreemen.t may be terminated at the electlOft of the Seller upon giving to the Buyers slxt;y (fiG) days notice of intention to do so, which noUce may be served .s provided by law for service of notice to quU; or Seller, in the event of BUch failure 1.0 . make any p&)-metlt or payments or perform such COVenantst may declare the entire Ullpald balance due and P&,}'ablet In any event of failure of the Buyers to pay all past due mlJnthly paymenta before the expiration of ninety (90) days after se~lC'e of nottce or suc,h election, then in that event Seller may lake _"eh !triton as lb.;" be necesaary for the cOllection of the enUre hraJance or may declare this contracllermlnalE'd, In which event Buyer" agree immediately to surrender &lid deliver possession to the Seller., At the lime posses81on Is granted 1.0 the Buyers, which shall be no later than AprU I, 136:1, the property hf:reln under contract shslllnc1ude the drapes,' stove, carpeting, dishwasher, and garbage disposal, The Seller agrf'CS to completely vacate the premises by April I, 1969. The rights of the respective partie. hereto to th.. 11"(' nf Lot 1. Wesl Aspen SUbdivision, FUing No, I-A, Pitkin Coon",", Colorado, shall be as follow8: a. The BUYf'rs shall have Ihe sole and exclu!JI\'{. U8e, bl'ndU, rnJnymcnt and rl/{hl of occupancy and P08ItC8.lono~ the snutm'rly on('-hall (1/2) of t*-"" ; ,~ , '," ",<""','>' ._,~~ ...~... ...,~"",,-'"' ~, f'- . . fI'" ........ { P-:, : '., ~ \...~.-,...- \ .. '" J ~1 :', j f~ r. t , t '\( "'''- . ~ . ;...' ',~. 'J_...... .......~ Z!l!...~.'~~"'""~. -<t'. .. ',~ :or" ~14i.;\~~:", '-- -"~i"-~41~,,:,'';i::;* " . . 830 Lot ft We.t AIpt1lSubdivlslon, 'Oint' No. I.A. Pitkin County. Colorado, and all rentl, ISSUH &ad Pl"oI'lts thet'efrom. 10 the cxclukla of the Seller aad lbe &yen ....Ive and rellnqul.h any lUld aU ~iKhl they have or mq have irJ and 10 the ".e. benefit. ~njoyment occ'4Jant.')' &.lid pOllession or the norlh.!rly one-half {l/2) of Lot 4, West ARI'('n SubdJvt-:- slon, FUInI No, I-A-,. ~tkln County, Cblorado. and all imprO\'cm~ts thert>On and all rrnts, Issues and profll~~lherefrom, b, .II," W, Chesnut and SUe Chesnut _hall have the sol!' and c'Iclu- "h'e use, benefit, enjoyment and ript of occupancy 0{ ponession to the northerly one-, 'half (1/2) of Lol4, West Aspen Sdbdlvlslon, Filing No, I-A, Pitkin County, Colorado, and 4l1lrnprovemenls thereon. and all rents, !asues and profits therefrom, to the exclusion of the nU.H:rs, and said sole IUId exclusive use, benefit, enjoyment and rlghl 0{ oct'upancy of possession to said northerly one-half {II!) or the property I. set forth In that certain agreement by and between lhe Seller herein and Jim W, Chesnut and Sue CheE'nut or October 30, 1968 In ,,'hlch agreemenl the .aid Chesnuts waived and reHnqulshed any and all right they ha.d or may have had in and to the use, benefit, enjoyment, OCcupancy and POssession of the '-outh!.rly one-balf (1/2) of Lot .at Wesl Aspen SUbdivision. FUlng No_ h\. Pttkln Counlif, Colorado, and all Improvement. thereon and all rellla, ISlUes and profits therefrom, c. The use of the property above described .ball be and hereoy- is nbject to exiaUbI euementl, rights or way and restrictions of recordt It any, d, The Ou)-ers agree .. follows: 1, To,pay thetr proportionate share of all ta."I:es, ",seued and levied. against Lot.., Wesl Aspen Suhdlvi8ion, Filing No, I-A. Pitkin County. Colorado, 2. To hdd harmless and Indemnlfy the Seller and Jim W. and Sue COOsnut from any and slIlIen", encumbrances, damagell, daims and debls incUrred. causcd or brought Into being by the virtue of their particular exclusive U80 and occupancy aforesaid, Each parlif hereto agrees not to further encumber the pr~lerty above described withoul Ursl obtaining the wrUten cOOllent of the other party hereto, In the event thai either party dl'faults In the pa}'mf'nt of lhe note to Mutual Savings and Loan ASlloclaUon, the olher party may. at thl'lr option, m'lkl' said (3)'ml'nt or pnymenlfl .- ., ~.--..............a"':-;" '",.;~., ,l,.{ '<i' "'. ',' '. l ':~>"..,~' --,,_.,_:~.; ....~ ~:t.. ~~, ~ ' '5:~i~,':,i'i~';~~.&.'.,.~~,._t_.,;{:-~~/;.., .--.....,:. .;,.f:J:~'..: f /1 -, ,!' ( . " (11,". , , ~ ;;, .) ,'. .,..~ .,.."... , .::~;:~~,: ~-- I<, .j, ''-:'~;' j;r ,.,,1' I,~' " C' 1 ......j."'. ..,~...- ,,'. .... ~ - -,"" ......'''''- - .J.,.. '...,.~ -.Jf........ ;,,.... - ..... "",..'. .;.a..~;~ ""~'.'"'~ . . '!' 831 and lhal p8J'ment or pa,flllenbl shall coMUtut(' . Ii", ~lnl'lt the- properly. dbe and payable- .UlliD five (5) days within the- date the p~ment Is made, and said P3.1lhent shall bear illterest at the rate of 1m percent (10'1) "er annum. Tlnnl b 1lgI'e-ed 10 be of the ellllence in this contract Md in tilt' event this emltract II termillated .. herelDabove Provided, the Seller l'lhall have the rlgbt to renter aDd lake immediate poaaeaalon of saki property, and the Ruyera agree bnme- dlately to aurrender aDd deliver up the same peaceably to the said Seller, and U the BlI1ers ,ball remain In POllllelllllon thereof alter such termlnallon. the nu"'crl'l IIh:dl be deemed 1'10,," 0( forceable detainer or said premlsell under the Colorado Statute and ahall be,llUbject to evlcllon and removal forceably or otherwise, with or ~.lthoul procellll or law, It III rurther mutually agrPed tbat aU Or the covenants and agreements herein contalne-d shall be, extend 10 and be blndlnlf upon the hclrat executors, admlnls- traton and ..signs or the rellpectlve parties. ID Wltnellll Whereat' the partlcs hereto ha\'c ht'!"'lInlu "d lh~ir hands and leals tbe d.v aDd year aboY. (11'11 written, , . .1j It't {-{( },'_ Barbara Fasching .' , ~,(v.: c1u__,-~') Seller " ).. (~"", Joachim J. Webnann '.. H('~<'.,"",- Buyer " (, 'l/~' j I I. Re"ate F, Wt>lmann ,,,', Buyer '~',\"~.~~i~r,";~},~~"'~~W~~l(:"'''''''':'?-'7~~ t"'~~;'''~. !,,, ~._r":; - ,,!:";"",', !iep~,{:.~~~>:~, """"'" ' . ....,.-,. -,/>1 ~/" ~ J ,(1' ......~., .~~<<l!:,:1. .~~'< ...;~...'~ ~"..' , . ,'; .'::):' .h~'..~" '.~..' ','.. '. , :'~':.., .,...:,,:~j;.:,.?'\>' ~._-' '.. ,~ . '.. ,'.' ':1 r',:~':^ '~'" .\ , ,T,''''_ <~. .'__,1,' '",;:,; ~ .' t~"" '~:'~:.;,~t 1,'; '''~, \.t.~ ' :' ';".....-'~.. "1' " ( :") \ \-.. . .~,,; -" " ,,\ "':". - - -, ". ~ ~~""'.'-' .--io;,~ '"".. "-., ~ . . I ,-r~,'-, ,,;.~. I):: :- "~' ~~ ~ E. ~. r i ,. , . . r i t t ! f I , . f' f t , . f ! ~ I . , . L , i t r f ~ f r .. . f l ,. I. t', , f I.:.~ .~ .' . . - ,".-. . .--'- . " ...... at lOtiO A.M. IH 10t1961 leceptlClft 10. 1333)7 hI&}' I. Cobl. bc::crN... n'ClfTOflT LAMD CONTRACT l.,..lJ~. rn :xJ nil ~lPftt made .ad entered into tId, .....ofO'-.. ......, v .......- BARBARA rAllCIIING of tho Cll,y of A_, ,.... of Colondo, ptIrt,y of 1M C' .sC, :I. , nntpart, herelp.atter caned the Wter, and IIMW, Cffr.s'frmT Iftd flUB CHDlpU'f. U Jolat ....ta _ BOt U ...... ill 001lUll0ll, per.... 01.... .fCOIld put. ....NIter oat!..... AIl-c....r.. ....... lht Sell.r Ia the prHlftt owner of the 1011_11II "uorlbed ,... . pI'Clpe"'. 1....... the ewntr af Pltkl.-. 'tat. or ealorado, more fldl1 deeorlbed.. .fOU""'1 lad, Lot -t. .e.t A8pen Rubdt..,Ioft, '0" Ifo~ I-A. Whereu. the leller prelettu, hu 1U1'.... lor alOlJl 011 ..id P1'OIN11I' Ia.... _OWIt at Tltlrfr-.bI nov..ad boUar. (138.000.00,. with the Mutal Inlnp '" LaM Aeeoolatloa. O~ JUnction, Colondo. and WIle..... .ald Iou ,hall be eyldeneed by. I'rOftlf.8OI7 IIJotc bJ' the ........ tit u.t teDdIn, "'etltatlon, In the amount ebon .tated. aad.WI be IICtII'ed by . rtm .- ., ,..... _ ... ......". .... WherMl, .... but hu tOea the poelUoa....t ua. to....... dHcrIbed ,.. preperfJ ,1aaJl r...... Ia .... Belle_rlor u.. ..... be.... lad Where.., the Plarcbuen are de,lrou 01_", tile MIrIIwr., 0De-'" (1/1) 01 tile aboft dncrlbed real prope.... Hid pure..... to .....111 _._. ... . ... -.. 0II0.1IoIf (III) of ..Id .....r., IfOW' Therefore n Is Acreed u 1011_'1 Tbet .. the Porebuen ehell flret mw the pa)'ftI.ta -' pertor. ... ........ ""'1Il mllBtbLed to be performed b7 them, the llell....w ...,.......... tit... h...L... U Jolllt _anllt aDd bOt u teDants In commOll, tbe'fC)lIolnIr . ... ........., ....... ...... ODbty of Pltk.... State 01 Colorado. to wit: An undl.kled one-halr (1/2) Interttet u teunta In common IItd DOt .. Jotnt tenaale IIIl ud too lot lour (4), WMt AIIpeD aabcU..teiOll, rUlDc Ho. I-A. PlUd. County, Ooloradoi ...tber ..ltb.. GJlA:lhael.,e ue of the ""rther" OH-UU (112) GI u&d lot IDd aIl1mptoY....." ......'u... fun, IpeOIfIed Mre.. I:' ':y' ~;. ,""') ) ,~.=.;;,-, ~-.;' , -, ".".'" :~'"~,,,,,,.::.~,,'i';,.,,. .,',":", '-:, , ,,', '. ,- ,,,',' "" ._-.,'.- ~~:;::-:~~:;~~~';;;~~:~':~~~';~~~:':';:F:::;'~~ "':"'?~~4_~~,')"~;/0."i,;~:~iIi;;,:,*;~>I-. ,.,:-, ".,.. .__ . ~._ -m - '.. I f .~,:-'-,...-, ',' - '. " ,. ,. ..~ .9" ~ ~ Z 1 , I , r r , , ~ .' ! , ,-:--- , , [ -. ,t.' , ~ f , . t , , ~ , , . , i~ -,- --- "-- ~" -......-...-.., .. I ( r~ ....., ~ _~:r'~ II r.. ...... '" ...... ~ o..nJ Wunatr DMd. ~ .. ...... II ~ tr.. udI, cdear fIf an ..... .J _broclee .q.,the reetrlctJclM. "'011. __. ... a rorretllll'e 01' ........eet Ill..... .. ~ In 1M lutnmeal recorded ...... ~ ? " r2 IX ~ f::r ~ ~....... ~~ ;,;,;~"c,~."-.;l':;-:<__':.;:",~\k _-'..::t::!:."_":,_m. '.,.~,.;~~_:,;;.:.~.<:.. ~:.o'...__ ..'0~'-"9'~di.~~~t':; ."~'~':~~~~~~~~ ~~~f.' .....<1't:i , .. 1M' Ia _ .. at _ n. "'.... _ '" PlWo COaD", Oolorado, .... .. tmeIMted bJ Ir..b..-\ recorded 0cIaber.. ..., II BooII: tIIat..... S01 01 the r8OOl'lte aI PlIIdn~, 001...... _,' _u_ .... aIoI........ .......... latho _I. af lDaorporatloa of the WHI AIpea RcM.. Oner. AMoalatlaa. rHOrded Ma.roh I. 1... "' -131.'_..."'...._'" PlWoOooalJ, Colorado. .._........, reunatlolll. of reecml. ........tI ror .ultteli oI.eoord. .. lien. or .0RIbr.... on,1ed ." or tIlroup the PlII'chuen, A UlIe Ibnl'allloe conualttm.t 1II.__t eqaalto the ...ro.... prtoe. at tile 8tller', eJlPellM. ,hall be fantS-1Ied 10 tile Pllrehuar, wIthin nr.... (IS) dIr' of tM exee.tIoII of tIlbI contract. 11Ml PlIrc:huen ...... to ,., tD the order 01 ... leU., u ... ..UN _..priGO'" aaldp_.... _ "'_-ala ~lIIIlI"'" _If",",,' aiM ODDut (121,.'.00).' ,.,.we .. rou_,: f') - .",.,... Dol.... efl......... .... _, "'...... .. ......,. ..-....... Ie' .... l01I... lbl 'I'Ilna ~r... __ -1tS..........._ October 10. 111I. fel ..... ftDaolIIIlI ..... __ If"'""..... -184....,..... "'.n., f1I N .-...... 1118........... the............. ,hall be _Utled .pr j "'....-, (d) no ........ '" I!:,.._ .",.,... lloIIor. ........,... ..... ba paid...... 101'.."'... ~ _u..... '" _ -... _"__noD..... 'tWo CeD.tI (11'11.01) _Ul M., Pltd, ,.Id IIlistaUlDentllDchad:la.latlrnt 1& tile ratIl 01 eipt per oeat (81) per ..... CIa aU .....Id babacea. ".. leU.. repl1lHRw ad .... ......... - .... Wd 1aotaIba.... .haU ... ...... jo"'lIT .. ........... '" ......... '....... .. ..... ....... ud IAu A...._, ud .... .... JutalIDmdo _I ... -..lied Iptut tile leUer', obIlpliDll tD &Ut ftuDctlal tuU","-- (e) AcMltloul .....tI ..., be added to I&Jd luW1m... ror prapm, "'-"",-, no _ "'w_ ...U... __ Ia ""'....... no ~ v ': '" ~~ , .~ :,,~,--~,--.......,.... ~ --....~ I. WHt ""~mt'nte ~ ~ f7. r f'fU. "'Joy. Int roor.fC. t: tmrronomftltl ~ Purt""tllfttl. fa aIId to.... f "It, ,*'dl .Dd.,1 ...."'''' I. ..,. t8l1edllHl ......... wbr01llht ..Id, , ...... t. "the IIIdIMa tnen" aad ill payabl. 11I1_ ..riPtol "'r\J . 'POI'" ( r-r r t, f , t ._tIlIo .._-..-.... L .,...... ',' ~ , .-.'~"'~ ,'" ~-,-'"'< " \,,; " . ....,.......lIha11"' all ....... __ ..~ to.,...... 6IrlilC -.1...., .... --... _ '" ...-- _ -..... ... -.... _.......... 1M ....., ..,_ u ...... _Ioiod..... ...... _... _. ~ ~ f7. ~ ~ fto ............. f>1r_ _ to ..... 011 boll..... _ or ....1oIhor .....c.d .. ,lid pfqMJ'tJ IMGred for U. beeeftt of the .n.. for .. ..... 0Ienaf .. to nceed the ......Id bal....ce of Ihle ooatrMlt; uoept at .... aptIft tJI... ~ ,aad .01 deU.,.... aald pollq or poIlcl.. &0 the 8e,l1ft'. UntO the "mla.UOII henGI. Plarehuer. .uu ... ....Oed lID ,.,....... of .,Id Pt'aP8rf1. but 1ft the neat of the f.U1II" vi tlw PwelJuen to 1Uk. IIn1 .. or IMre 01 .aId pqmntt or perform the eMnantt lItp'eed III be madt 11III perfonned by the Pureh....... ttl,. qreelnent.., be terminated .t the ,,1.ctkJa fill the leU., .. ...,.... to 1M Plarehuen 1II1xt1 (eO) _. ,""lee oIlntefttlOlll to do 110, wlllelll BOtIee ...., be ter'f'ed.. ptO'f'lded bJ 1.. for'.enlee oI,ltOtIce III quit.. ~~..... - ,,-,.... r ~...... ---"'----- .....UlIIII.......:Il1II1I '~_IIt..UI......'III......UlllJIM.IMI; or Seller fa the nent of neh fallare to make ..., paJDIent or paJlIH!IU 01' perf~ .." COftIWItII ..., decl........ eaUre .....tct b<\laaee due uti ,.,able. ... .. the neat a( tile . all past dua .cmth1l peJBentl 1 f.lllU'8of Purohuen to,.".... ..... I -~ bd'OTC the aplrall~ ot...., ,'" .,. titer Nr'f'IctI of BOt1cc of .ueh election. ... Ia that ...t IeIler .., take Itdi the entire ~ acu. u .., 1;: ~ for the COU~ at_ ..,aId baIaace or ..., dle1.. taU ::J oomnct .......tet\........ , ...... ........... ... .. .. w1alcla enat PVc...... ...... bluaedlately 10 .....r.....r _ dell..- ,...... .. .. "l1er. At.... u... pot...... It ...-ted-to the PlItchuen..',......, ....... -........ .hoIl laclude the ...... cupetlac, -.I pr............. Tbe rl&tU of the ~.,eotI" putlee,lIereIo t.o the .. of Jot fow ft). Well A.-e.bdl...Ioa.. PO'" Mo. I-A. PlIkiDCoua~. ColoradD.hallbe..,en...: ,- Ca) 'I1I:e PureMeM'll ehall .... the ",e ... DCI..~... beMlII. -, .... ...... at........., .... __... '" the _.. _..., (1/11 "'... rour ('1. w... Ao... _.u..., FU", No, I-A, Pl_ 0M0IJ. CoIonoIo, ad oil r..... ......... pralltt therlllrom. 10 lIMe.I.... of ....WIer. .... JIVe....,. .,1.. IIDdrellDqll"...., and aU'rlpl th81 ..... or ., ..,. .. ... "'...... .....,.. c;! ." -s- -,,,"- ...;-..,. ..'r""r ,,,,.,-. ~ .' "::i~ ~ " ,,~, -;;.., '-::"T:-:"~'-' ." "' ,"...... ...' ,-,' ?'.. ,-, .:;~ ~' , , t' , , [: ,. i , ,; ~,. . , f ~ ,. f r ,. ( ;: ~. , , , 1 t. f ;- ,- r " ( ,~ '\\ 1.- --"';-' ~.-..,;. ....... '" --- ~ . ,~ ~ I ""'''''''''t!fIIt, fW'C'ttI~cr and i-oete..IOft of the 'bUlherl7 ..-hAIl tilt) ot lat ~, W..t A8peft 8ubdI'i.1~. FHfftllto. t.A, t'lIltln CounlJ', catondo, ttId.... t;';'MWm"-"nta R . u.~, and 1lI1 n,,", IlIne. and profit. threr~hmn. ~ ()C tb) ThIllkllon ~han h... the .ot, and 'lIleta.l.. Ullli, benefit. enJOJ'e i'( ment Iftd tfJht ell ~'aJtt!1 or po..Hlltnn of the '!Nlberb- OftIt.h.U (tll) at 10t four .tol, ~ W..t AlPeI hbdlnltlOlll. FUtna Ko, i-A. tJld..LI County, Colorado. ud.U tmprOYemeatl thereon, and... tente. lawel and profile th~refrom, to thlo exclulIIlcD of the Put(!hIt8,.'I, ucI the Beller ....ve. and ...llnqmllhulUl1 and aU rtRht It h.. or tnl;t !wi. ltIi JfId to .... uel ~It. enjoyment. GCeUpIlle)' uti pouelJlllonof lbe norlherlt OIIIt-tllJ, 1Ut) ~ teft fOllt (t.. WHt Aspa Buhdl..lslon. rU1n1 No. i-A, t'ltkln Coun." Colotttdo. 1JId". .. ImpI'OYeflletlIl U1ereolli. ad ~III!I, I",ttle. and t:ltoflts fhereftotn, '0' The a.. or ~e Iboye de!lerlbed Ptors-ty.h4!1 ~ and'''.rebt' .. nbJecI tD ....tin. ...em.... rllh.. of..., and re.ttletlOftl uf record. II *"1. (<II Each par.., hereto qr:!e' to: I, "" their proporUonate ahare of III ..... ...ea.ed and lerled IIplut thepropet1Y lad tmpro.emenll. d,,"t!rfhfld IIhrwll, I, Ifold harmle.. Ind btdemnlfy tbe olhe~ pt.", ftom arr;r and IlIltenll, enmnnbnneel. damapl, clalma and deb" h)carrfld, eaul!led or brotllht Into beb" bJ the .'rlbe 01 ttMllr partlt!uJar exelUllte ule and OIlt'tlp&ne1 alore..kI. 't I 1 Each pt.", hereto 'rr~' not 10 further ellcumher the prop~ ahoYe deeerlbed without tint obtalnl.. ti.e written conaent of the om.,...-".,.., hereto. In the et'ent that either par1J delaoJlI III th~ p.,-ment of the note to Mutual 81...11'I1' and Lom UlJOelatlon. the other pa..., mQ, at their optlOD. make aald p.,mento!' ,.men.. ud ~ that PQ1bent or paymen18 .hllll ematltule a Iten aplnat the prnperfy. dae and ,qabJe _Ithla flye (5) d.,.,a wlthbr. the date the payment II made. Ind .ald p,Q'ftIent _balJ bev Inwreet at u.e tat. of Ten (10) percent per annum. Each pilI''' hereto hereby e"Prn.~ 11'1818 to the other Pl:rttell a rlpt of I " flnt nfualln the nent that ahe or they ahould,.llre to di8pole of their P1'fJPel11, -... - to...... tile ...... 01 IInI_oJ .. 011_ . period 01 tIllr1r 130)..... tit ...,. ...,. boDfI'led after 011I tbe prclper'fI" of tbe other. TIllIe " ......s tit be of .... ..... .. th.a eontrlCt. Uld .. the ....t tbIa ....,.. " ........... .. ....~ PI'OridId. ...1eU., alllU M..... rtpt to n.ter -'.......-'...""..."',,---. 'i :;~~~~; .~~..~~_'t"...::e..'~';;.;,,~".., - '. y' " r~' ....... ,;.....~ <~ 1 ~. ;', t t ~ r ~ i F ~ t r t f l r r r I ! ,". ~ i r t. ~, ~ I, ~ r" t f: \0" - ".--. i , ; !I 1 ----- ~~ ,,-- ~,,' ....,,.....~.I ,.. v 1" -,~'".,---. , - tab Imntedl...po.....IOIt.. "",top.,,,. ... the Pwchl...... qne """''''11.''17 .. ........... lad .U.... .. u.. 'abI. ~hl,. to tt. SeU.r, Md "the Pwre........ .~1 ~Ia ... poelll"nton ~reor at.... .uck lerrnInaU... U-. PlIrohuer. ehall M ~ N <;.... 0; deemed pUflr or forceabt. detatner of aid phml.... under the Ita... ud ...n be tIiIb- Jtott to ..leUaa. _ remov.1 rorceab1J or otbetwll. wlda or without proc... of I.... ... Ie r.rthftl' tn.....II' ....eett ....t all of the on.... and ....IenIClntl " l' ~ horelll ...._001 .1laII ...... .. .... ~ bllldlaa _the ......, .-re. .dmlnlltr_ a. Ullpl " the _.. putI.., IlIW_ .....oaI lIIo'puIioa ...... ..... her..... HI their -. .... MlI. ... d., ....,... __ wtllloo, ~....v...A -!L"~~"" Jlarbarl '11Ohlnt leller ~ . ? /) . ---'.y- ...~ - J::' C1Q .. V' Cbo I . ,... ~ v~. e.:.$1I .. CloH""1 c";"<"u...r ,........ S-(" ADDEItDA AI ot thl 4atl ot thl 4.l1'e~, ot the Deed to buler a. hereluaboye proY1ded. the leller .hall luppl1 bu,er wlth . pollet of title insuranoe to be issued b.1 a relIable tItle ooapanr. WhIch.hall .how the title to 8a14 propertt to be llerchotable and tree frea- usel t ...eea.ents. Ueul. ed etIcuabrar.oea. ezoept IUch thereOf ae are eet rmoth hel"el-n and Bueh the~e:ot 81 _, be luttered or oreated hereatter b.Y the buyer. The aeller ahall pet tar ..1d. .1'14e-n08 or title. r .. BAKBAKI 7ASCIflJlO, jeller y,'~~ ' ~ -~ . iIl_o.er..rc: - 's'L a~~ SUB CHB51NU:r P\lrc ...l" S < , ... ; I 1.1' I. I II: I ".','''''''''''''-,,' -' ," "'~''<::':-''--''''', \~> __.' '0" "'. ,~-' 0 '." ;','~f~.f~~;".:, .."; ..~, ;; :~"",,~, '".-:r..' ~';.'/"~