HomeMy WebLinkAboutcoa.lu.ex.Chestnut, Weiman Subd. Lot4-W 1974o 1 ~ C%�^ C6
Chestnut, Weimann
RECOU) OF .PROULDING5 100 Leaves RECORD OF PROCEEDINGS Le:tes
ar Y - -- ____Azrsn Planning and Zoning April 2, 1974 Regular Meeting Aspen Flannir+.c and _ _ __ _ -3-4
-= n = F:r.al :la:, nsur rase a motion that the Commission approve Molny/Eubanks Residence accommodate the cars that wcs:.? re - ne.__=...
_...__r.-e: _., r•:.-,*_er final subdivision plat with the Office
tnat all the conditions are met per the Johnson stated t at s _..:, .t__:_ -, a:e r
:Iwtt,:r `rot, .^.andra Stuller to Art Dailey, that was a I•ossibility t::1t.:... S, r..- t
:! with th, plat specifically. generated by the pra4ect. .._ »..at .-
guarantee that the pro:eo_ -4--d
.,_c,>ndtrd the motion. All in favor, motion Silver6inj type of fa,:lity, t,trr`'
arr Fd.- typical'_y sina:e pet le, w;',.. .
of living situation would .__._ car_.
fro-. '_o ;era 'la:neur stated that there was a conflict of i
sf Sadivisi'rn; •_res„ and left the meeting as she represented Chairman Gillis stated that thev_ tcti' t:
.._ r•_altor in•rolved. rework the parking situat:Cn. :L r:-a rn- er. { t
and that the matter should be to:ia4 unt. : >s::: q
' ?'r:r stated that this was a request to con- a tir,:e.
a duplex, which technically would be
ct to subdivision regulations. Neither the Molny stated that rather than 1!�:e .`-.e -atter,
:•lv:nnJn; office or the Engineering Dcuartment thay would like to ,:et
i.a: an/ considerations that needed resolving. He felt that both he and ?:_.
willino to drop ore lr,ircc _-e
i ..r.:scn made a motion that the Jordan/Hecht houses, to help alleviate t.
er.slication for exemption from the definition of This implied five beJrccr.s is the _aka::
? -;.-Alivision be granted. Jenkins seconded the an, four in the Molny.
m.* on.
Johnson noted that or na'. a ._7t?:7e3
,:11 in favor, motion carried. seat of plans must be sutnitte•!. ;:- a-=.= :`.
J Commission was that condit,.ona: ,.,en a
?; L•er_r stated that this project was similar to and that completcl plaza ' �•
tha Jordan/Hecht application. 1974 for review for con-p:iar.ce wit`.
:,son nark-- a motion that the Chestnut-Weimann Landry made a motion that _..
application for exemption from the definition of the project, conditional cn_-
'li'risir,n be grant,:d. lenf.in:; seconded the inq the Cetnatissien [in.tl .rve:;}_c t:a-s 17.4
-ionworking drawings on
the following :1::,. _
/:1: ir. `ar•.r, mr,tion carried. contain nine beairooms. five ir
and four in the Molny: that ve-et:_.,r
a .a:.:• :b :v_r»:r>: M, i:,•,r :>L:,r.•_d Uh t this was Lit,! prvliminary and site, especially that 1•etwrr. . a a.. - •' _..a
final approval under ordinance 19. Robin Molny trail be left in place; that .ix
' ,ss:'•n •, Lr.. ,,.n, pr. :: •r,t ir.,I thr. pine. .. . . ,. l ion .,,nv •mrnt •at.•ui,1 �t:'•"•-• ' t
rat;rmonr at the ':i: h wlter ar�. 1t .+:
mr. :!,lny stated that vegetation between the that water mark; that Molry s`,:'_ -.Ie _ r3
ocrl t.r:,il would remain a:: it w:r:: presently. to waive men-co::f,•r:tuna ,take. .t ::a
abandons office use, i` :t is :r. _ r -.-
:r. tr, t-t,•, Planr,inq office's consideration contormina use. vaanour _a.r:.Sr' r..tta-.
:rail cc•licntian, Mr,iny presr:nled a proposal
instc••-,d of granting a ten font easement from Jenkins stated tha` hr did `eel .. ,r.s-ees
_ •.",tr,r Tin•:, an e.a:;,,menL I,(.. granted from made a better parking or de::>:•- ___uat:o... :
.:`srsver the water is on a given day.
j A %*oI, w.u'
7 :!._:./ `_�t•:•. tht,t it at one time Lite u.r'.r: wuuld Gillis, yes; Jenkins, no. t
f .. _ c.afortming, and he would abandon the
.. .. •w•n,tr1 w;,iv• th,• n,,n-e•,tnfnrmin,I .a.nfu+:. orrlinnnra• It) I:•views; Ms. R1rr ...ttr.9 that th:io- ..tr .t r:•\:... a
Ilopkins Four -Flex previous application c.r
, r.,tian:: inelu•)r•rl thr: varianrx• ".troot a h1d t•r:ur :.
t :ron the board of Adjustment concerning with two single family dwe::Tar? ._ a
ir•.a and th,: covenant required to The complex would :e three :ev_:- +_.`. .._ze
{ :rl that- I.hr. pnrkinq area I- kept be,iroO.MS, I•rr unit .tad •1t:....
n ind a__•.j&te17 plowed in the winter. Paul Hamwi was represent_:n the ._.
I h IPra• is et pn srnt, d weal: ...tat h ee
y 1 / n, rir:w•:d Lha plans of Mr. I{ubank lots. /
t Jenkins stated ,a.it :: .. .'r
r... .. _ that the project was too dense dense in that area. for He...,
s•.r' ... ,•,•1 tb:,t. p:,rkinq war. not aderluate to land oa.n'lry .: tY t'....
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0 RECORD OF PROCEEDIN 0
100 Leaves
Fa f C./. -ELM F. S.• L. Ca
Regular Meeting Aspen Planning & Zoning April 16, 1974
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
Vice Chairman Schiffer stated that the Molny/Eubanks
Molny/Eubanks
project was given final approval under Ordinance #19
Final Approval
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 part of of the Card property and
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 Commission.
Landry made a motion that final approval be granted for
the Molny/Eubanks project under Ordinance 74T19 since all
the conditions had been met. Motion failed for lack, of
a second.
Rio Grande Vice Chairman Schiffer suggested this discussion be
Subdivision placed at the end of the agenda. Concensus of the Com-
mission was to place this item at the end of the agenda.
Resolutions for Bartel submitted the resolutions for exemptions to con -
Exemptions to dominiumize duplexes which the Corission acted on at
Condominiumize the last regular meeting,.
Duplexes
Schiffer pointed out that this was only two: Jordan/
Hecht and C estnut/We' Stated that have complied
with the requi ents and regulations.
Concensus of Commission was to have Vice Chairman Schif-
fer sign the two resolutions.
Set Public
Vice Chairman Schiffer stated that it was necessary for
Hearing Date
the Commission to set a date for the public hearing of
the historic designation of the City Hall, Lift 1#1 (old)
and the Community Church.
Johnson made a motion to set the public hearing for the
historic designation of City IIall, the old Lift #1 and
the Community Church for 5:00 p.m. May 21., 1974. Motion
seconded by Vagneur. All in favor, motion carried.
Public Hearing
Vice Chairman Schiffer opened the public hearing on the
Rubey Park View
Rubey Park View Planes.
Planes
Schiffer pointed out that this hearing included the In-
dependence Pass corridor and the Aspen Mountain View
corridor.
Bartel submitted 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 possible, 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 long run
there is going to be a shift from the. place w!ii�rL• v i s i-
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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 dVIinition of subdivision.
I alur, Fum
LY
Dated this Aday of 1974.
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CITY w`C
aspen ,co a ,1116"
w_
CERTIFICATE
STATE OF COLORADO)
COUNTY OF PITKIN ) ss
CITY OF ASPEN )
PEN
ho,c v
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 EXEMPTIO14 FROM DEFINITION OF SUBDIVISION
as the same appears of record in my office.
WITNEA my hand and official seal this Y� day of
L / , 1974.
SEAL
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LAW OFFICES
CLARK, OATES, AUSTIN & MCGRATH
600 EAST HOPKINS STREET
BOX 3707
WILLIAM E.CLARK AsPEN,COLORADO 81611
LEONARD M. OATES
RONALD D. AUSTIN
J. NICHOLAS McGRATH,JR.
WILLIAM R.JORDAN M January 22, 1974
City of Aspen
Planning Department
P. O. Box V
Aspen, Colorado 81611
Attention: Ms. Donna Baer
Re: Chesnut/Weimann Transaction
AREA CODE 303
TELEPHONE 925-2600
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. 1A, 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
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CLARK,OATES, AUSTIN & 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 & 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 n -kQ
Leonard M. Oates
LMO:dlw
Enclosures
cc: Mr. and Mrs. Jim Chesnut
Mr. and Mrs. Joachim Weimann
Ms. Sandra M. Stuller
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F
I 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:
and
Lot 4, WEST ASPEN SUBDIVISION, FILING NO.
1-A, County of Pitkin, State of Colorado,
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
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
co -ownership in fee simple of real property estates consisting
of co -ownership by the individual owners, as tenants in common,
of all of the Property, together with an exclusive right to
use a Residence Unit in the buildings as hereinafter provided.
NOW, THEREFORE, Declarants do hereby publish and
declare that the following terms, covenants, conditions, ease-
ments, restrictions, uses, limitations, and obligations shall
be deemed to run with the land above described, shall be a
burden and a benefit to Declarants, their heirs and assigns
and any person acquiring or owning an interest in the real
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property and improvements, their grantees, lessees, successors,
heirs, executors, administrators, devisees or assigns.
I. DEFINITIONS
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
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any mortgage under which the interest of any Owner is encumbered.
1.5 "Common Area" means and includes all portions of
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;
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(d) Any installations consisting of equipment
and materials making up any central utility services;
(e) In general, all apparatus and installations
existing 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 attached)
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. 1-A, and contained in 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
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Residence Unit in the Buildings, the non-exclusive right to
use and enjoy the Common Areas and the exclusive right to use
and enjoy any Limited Common Areas which may be designated on
the attached map for exclusive use by such Owner.
2.2 Each Residence Unit shall be used and occupied
for single-family residential purposes only and no trade or
j 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
used for any purpose or in any manner which shall cause a
Building or any Residence therein to be uninsurable against
loss by fire or other perils of the extended coverage casualty
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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 violation of the Covenants for West Aspen Subdi-
vision, Filing No. 1-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 rules 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 shall have the irrevocable right, to be exer-
cised by a member of the Board of Governors as his agent, to
have access to the other Residence Unit and to all Common
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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.
III. BOARD OF GOVERNORS
3.1 The Board of Governors, consisting of three (3)
persons, shall constitute the management body of the Property,
and be vested with the rights, powers and duties hereinafter
set forth.
3.2 Each 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
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themselves a third person who shall not be an Owner, which
said person chosen shall be the third Governor. The Owner
Governors shall not receive any compensation for the perform-
ance of their services as Governors but shall be entitled to
reimbursement for out-of-pocket expenses expended in such
performance. The Non -Owner Governor shall be compensated for
his services in such amounts as shall be determined by the
concurrence of the Owner Governors and shall likewise be
entitled to reimbursement for out-of-pocket expenses.
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
and Secretary, to fix their respective powers and duties, and
to establish rules and regulations not inconsistent herewith
relating to notices of Board meetings and other matters relat-
ing to the conduct of Board meetings. The offices of Chairman
and Secretary may not be combined and shall be held only by
Owner Governors.
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(b) To adopt rules not inconsistent with the
provisions of this Declaration, or the Protective Covenants
for West Aspen Subdivision, Filing No. 1-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.
1,
(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 successors
or assigns.
(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
0
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-
sonnel as the Board of Governors shall determine to be neces-
sary or desirable for the proper operation of the Property,
whether such personnel are furnished or employed directly by
the Board or by any person or entity with whom or 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.
0
•
(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
- 10 -
0 •
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 Governors.
5.3 Nothing herein contained shall prohibit any one
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 expenses, as assessed by the Board, by waiver of
the use and enjoyment of any of the Common Areas, or by
abandonment of his interest in the Property or the Residence
Unit which he has an exclusive right to use.
VI. RIGHT OF FIRST REFUSAL
6.1 In the event that any Owner desires to sell his
interest in the Property and receives a bona fide offer to
purchase his interest in the Property, such Owner shall give
written notice of such proposed sale or assignment to the
other Owner and the Board of Governors, which said notice,
I
being a true copy of said offer, shall state the terms and
conditions, purchase price, and the name of the proposed
purchaser or assignee of the proposed sale or assignment. The
said other Owner shall have a period of thirty (30) days after
the giving of such notice to purchase the interest of the
selling Owner upon the terms and conditions and for the purchase
price as set forth in said notice. If said other Owner does
not exercise such right to purchase, the selling Owner may
then sell or assign his interest in the Property to the person
•
and upon the terms and conditions and for the price as set
forth in said Notice.
6.2 In no case shall the right of first refusal
reserved herein affect the right of an Owner to subject his
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-6.1, 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,
IIand that the non -selling Owner did not elect to exercise his
right of first refusal to purchase.
M-WAM
0 •
VII. ENFORCEMENT
7.1 The covenants, conditions and restrictions set
forth iq 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 -
• 0
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 (607o) 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 junior liens and encumbrances
in the order of and to the extent of their priority, and;
(e) The balance remaining, if any, shall be paid
to the Owners.
8.4 If the above -mentioned appraiser determines that
more than sixty percent (60%) of 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 -
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 instrument was acknowledged before me
this day of 1974, by JIM W. CHESNUT and
SUE CHESNUT.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
STATE OF COLORADO )
County of Pitkin ) SS:
The foregoing instrument was acknowledged before me
this day of , 1974, by JOACHIM J. WEIMANN
and RENATE F. WEIMANN.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
STATE OF COLORADO
County of Pitkin ) SS:
The foregoing instrument was acknowledged before me
this day of , 1974, by BARBARA FASCHING.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
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Arad for Reeord at 3:55 o'rinct, P.M. June 76, 1969 F
Y ht ton M
V-cepoimr 1)S eA' '.
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)+" EXFCITORY LAND CONTHACT
..
This Agreement m.tde and entered Into this dnSof Frhnea ry, Ia89,
- by and 1wh%cen RARIlARA FASCIlrNC, of the City of Aspen. State of Coloradn, psrty „f dy-s b ' • - r ;.�
the (Rst part. hereinafter called the Seller, and ,IOACIIIM J, WFIAIANN and RENATF. t -A
F. W EIMANN. as Joint tenants and not an tenants in common. nsrtles of the second k S
Part, hereinafter called the Buer•rs. •t, 'e',
Whereas, the Seller Is presently the calmer of the follna•Ing described
:j3 ,Jai real property, located In the Cnunti of i'Ilkin, State of Colorado, more fully described '��,� sp•?�`,f .r
as foll'MR!
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r "-• It+t t, West Aspen Subdiclsion
, Filing No. 1-A,
. � s according to the recorded plat thereof, with all
w� improvements thereon, and
Wher.. . she •
y,i s presenth has a loan on said property secured by a
t f d sV f
i Deed of Trust in the amount of Thlrt}--sir Thousand Dollars (390, 000. 00), said loan t(jti.
rte .'
being with the Mutual Savings and
µ�yyee� '• i; Loan Association, (:rand Junction. Colorado, and +atrn5+tr'� r i w
Whereas. said loan is evidenced by a Promissory Note made by the .Mrf.` � ,:-•"�-
Seller to that lending Institution, in the amount above stated, and>irF"
Whereas, that lending inr• Itution has taken the position that fee simple
title to the above described property shall remain in the Seller for the time hci ng, and
Whereas, The Seller presently has entered Into an Executory Land Con-
tract similar to this Agreement contracting to sell the northerly one-half (1/2) of the
above described real property, including all improvements, to JIDI W. CHESNUT and
SUE CHESNUT of Aspen, Colorado, and
Whereas, the Buyers are desirous of buying the southerly one-half (1i 2)
of the above described real property, satd purchase to Include all improvements,
N— Therefore It Is Agreed as follows:
Thal if the Buyers shall fist make file payments and perform the coven-
ants herein mentioned to be performed Iry them, the S,•ller will thereupon convey to the
Buyers as Joint tenants the following described real property slluale in the County of
Pilkin, Slate of Colorado, t,, wit:
An undivided one-half (1/2) interest as tenants in rnmmun
and not as Joint tenants In and to Lot 4, West Aspen SO)-
div isi„n, Fumk No, 1-A. Pitkin County. Colorado, together
a•tlh :m rxelusi%c use of the southet'lp uuc-lu.lf (i ':j eq'said
lot and all improvements theroon as more fully deseribed
herein,
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In (er simple In, g,roxl and suf'lcient e:enrral Wnrrsnly Ilrrd, and an lemvnts In common
free and clear of all liens and encumbrances, except the restrictions, which do not con-
tain a forfiture or reverter clause, as contained in the Instrument recorded September
5, 1967. In Book 223 at Page 79 of the records of Pitkin County, Colorado, and as
amended by an in+lcumenl recorded (ktober 4, 1967 in Book 229 at Page 507 of the
records of Pitkin County, Colorado. terms, conditions, and obligations contained in
the Articles of incorporation of the West Aspen Home (loners Association. recorded
Alarch 6, Id6s in Book 233 at Page 496 of the records of Pitkin County, Colorado,
mineral and patent reservations of record, and any (lens or encumbrances created by
or through the nuyers,
A title fnsuranc•e commlltment in an amount equal to the purchase
price, shall be hrrnlahed to the Buyers within fifteen (15) days of the dale of the execu-
tion of this contract, showing title to the propery to be vested in the Seller free and
clear of all encumbrances except as stated otherwise herein. At the time of delivery
of the General Warranty teed as herein provided. the Seller shall, at her own expense,
provide the Buyers with a title Insurance Policy in the amount of the purchase price.
The Buyers agree to pay to the order of the Seller the entire purchase
price for said property the sum of Thirty-two Thousand Five Hundred Dollars
($32,500. 00), payable as follows:
a. Three Thousand 11 o Hundred Fifty Dollars ($3, 250. 03) upon
execution of this agreement, receipt whereof is hereby, acknowledged by the Seller.
h. Eleven Thousand Two Hundred Fifty Dollars ($11,250.00)upon
the Buyers taking possession of the property.
C. The balance of the Seller's loan at Alutual Savings & Loan
Association that being In the app 'oximate amount of Eighteen Thousand I),Ilars
(Sig. 000. 00), shall hc• i'aui to the Seller In equal monthly Installments of One Ilundred
Seventy-four Dollars and Eighty-nine Cents ($174.R9) until fully paid, said Installments
includin;, interest at the rate of eight percent ('. ) per annum on all unpald balances.
The Seller rcprescnln and the Buyers agree that said Installments shall he made
Jointly to the order of Barbara Fnsehing and Mutual Savings and Loan Assoetntiun,
an(! that said installments shall be applied against the Seller's obligation on Lot 4,
I
West Aspen Subdivision, Filing No. I -A to that financial Institution, said payments to
commence April 1, 1969. I
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d. Additional amounts may be added to said Installments for pro-
perty taxes and Insurance, which amounts shall be payable as In subparagraph c
Immediately above. Said monthly payments as a reserve for lazes and Insurance are
presently Ffety five Dollars (f55.00), but may vary from time to time In the future.
The Buyers shall p31 all general taxes hereinafter to become due during the life of
this agreement on the portion of the premises under contract herein, the intent and
purpose being; that the monthly payment as above provided shall Include principal.
Interest, insurance and taL%es.
The Inners further agree that all buildings now or hereinafter erected
on said Property insured for the benefit of the seller for the value thereof is not to
exceed the unpaid balance of this contract except at the option of the Buyers and will
deliver up said policy or policies to the Seller.
Until the termination hereof, Buyers shall be entitled to possession of
said property, but in the event of the failure of the Buyers to make any one or more of
said payments or pei fotn) the covenants agreed to be made and performed try the
Buyers, this Agreement may be terminated at the election of the Seller upon gi, Ing to
the Buyers sixty' (60) days notice of Intention to do so, which notice may be served as
provided by law for service of notice to quit: or Seller, In the event of such failure to
make any payment or paymenta or perform such covenants, may declare the entire
unpaid balance due and payable, in any event of failure of the Buyers to pay all past
due monthly payments Ik.lore the expiration of ninety (90) days after service of notice
of such election, then In that event Seller may take snch irlion as my) he necessary
for the collection of the entire balance or may declare this contract terminated, In
which event Buyers ngrcc immediately to surrender and deliver possession to the
Seller. -
At the time possession Is granted to the Buyers, which shall be no
later than April 1, 100.), t'ne property herein under contract shall Include the drapes,
stove, carpeting, dishwasher, and garbage disposal. The Seller agrees to Completely
vacate the premises by April 1. 1J6:).
The rights of the respective parties hereto to the use of Lot 4, Wes,
Aspen Subdivision, Filing No. I -A, Pitkin County, Colorado, shall be as follows;
a. The Buyers shall have the sole and exclusive use, benefit.
MJoymt•nt and right of occupancy and poenesslon of the motherly' one-half (1/2) of
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Lot 4, West Aspen Subdivision, Filing No, I -A, pllkin County, Colorado, and all rents,
issues and prufite therefrom. to the exclusion of the Seller and the Buyers waive and
relinquish any and all right they have or may have in and to the use. benefit, enjoyment
ucc uttanlw :,nd possession of the northerly one-half (1/2) of Lot 4, Wert Mj,, it Subdivl-
s ton, Filing No, I -A, Pilkin County, Colorado, and all Improvements thereon rind all
rrnls, Issues and profits therefrom.
b Jim W. Chesnut and Sue Chesnut shall have the sole and exclu-
atcc use. ben,41t, enjoyment and right of occupancy of possession to the northerly one-
half (1/21 of fat 4, West Aspen Subdivision. Filing No. I -A, Mtkin County. Colorado,
and all itnpn,vemenis thereon• and all rents, Issues and profits therefrom, to the
exclusion of the Ruvcrs, and said sole and exclusive use, benefit, enjoyment and right
of occupancy of possession to said northerly one-half (1/2) of the property Is set forth
in that certain agreement by and betw'cen the Seller herein and Jim W. Chesnut and
Sue Chesnut of Oetnber 30, 1968 in which agreement the said Chesnuts waived and
relinquished any and all right they had or may have had In and to the use. benefit.
enjen`ment, occupancy and possession of the southerly one-half (1/2) of fat 4, West
Aspen Subdivision, Filing No. I -A, Pilkin County, Colorado, and all improvements
thereon and all rents, Issues and profits therefrom,
c. The use of the property above described shall he and her" is
subject to existing casements, rights of way and restrictions of record, If any,
d. The Buyers agree as follows:
1. To pay their proportionate share of all tares, assessed
and levied, against Sal 4, West Aspen Subdivision, Filing No. I -A, Pilkin County•
Colorado,
2. To hcid harmless and Indemnify the Seller 'md .Sim W.
and Sue Chesnut from any ;end all liens, encumbrances, damages. claims and debts
Incurred, caused or broughtlnto being by the virtue of their particular exclusive use
and occupancy aforesaid.
Each party hereto agrees not to further cucumber the prurerty above
describer) wltivnJl first obtaining the written consent of the other' party hereto. in the
event that either party defnulls In the pacmenl of the not(, to Mutual Savings and loan
Association, the other party mar. at thi'ir nphen. m Iki• said payment or payments
t lh � yt, 1 �•e
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and (h,l 1,.4, ment or PSI ments shall ons tilut& Iien against the proMrtv, due and
Payable within five (1) days within the date the payment is Made, and said p-tyment
hall bell' Interest at the rate of ten percent (10';) per artnum.
Time in agreed to be of the essence in this contract and in the event
7
this contract is terminated as hereinabove provided. the Seller shall have the right to
reenter and take Immediate possession of said propertY, and the Buyers agree Imme-
d12tVly to surrender and deliver up the same peaceably' to the said Seller, and 11 the
-A
Buyers shall remain in Possession thereof after such termination. the Puvers shall he
deemed guilt), of forceable detainer of said premises under the Colorado Statute and
r7 7,
shall be subject to eviction and removal forct-ably or otherwise, with or without process
of law.
It is further mutually Weed that all of the covenants and agreements
herein contained 0,01 be, extend to and he binding upon the heirs, executors,admlni,4-
'j.
trators and assigns of the respective parties.
In Witness Whereof the parties hereto ha% L' Ile]" unto set their hands and
seals the (IV and year above first written.
-J) A -
Barbara Fasching
Seller
Joachim T We—J..—,Buyer
flehate F. Welmann Bu'y c r
11A,
•..—.re.resr.�..,rr -r
• bearded at lotto A.N. pee In 1968 Reception ltn. 133337
%eggv R. Coble Recorder
"rrll"T LAND CONTRACT
(!
This Agreement mark and enterrf Into this day of Oelobsr, liii l7'
and between BARBARA FASCHINO of the City of Aspen, State of Colorado, party of that
C• C
first part, herelrafler called the Seller, and JIM W. CNrsIN11T and Stir. ('11FM UT,
as )otnt tenants and not u tenants In common, parties of the second part, hereinafter
called the Purchasers.
Whereas, the Seller Is the present owner of the following Msoribed real
properly, located in the County of Pltktn. Stale of Colorado, more fully described as
followai
Lot 4, Went Aspen Subdivision, Filing No. 1-A,
and,
Whereas, the Seller presently has arranged for a loan on said property
in the amount of Thirty-six Thousand Dollars ($.In, 000, 00), with the Mutual Savings and
Loan Association, Grand Junction, Colorado, and
Whereas, said loan shall be evidenced by a Promissory Notc by the
Seller to that lending Institution, In the amount above stated, and shall be secured by a
Ftret Deed of Trust upon the property, and
Whereas, the bank has taken the position that 11Me to the above described
real property •Hall remain In the Seller for ii- time being, and
Whereas, the Purchasers are desirous of buying the northerly one-half
(1/2) of the above described real property, said purchase to Include all ►mprovemuats
oa the northerly one-half (1/2) of said property,
Now Therefore It is Agreed as follows:
That If the Purchasers shall first make the payments and perform the
covenants herein mentioned to be performed by them, the Seller will thereupon convey
to the P rchuers as pint tenants, and not as tenants In common, the followitt described
D+'oDerty situate 1n the County M Pltkin, State of Coloracb, to wit:
An undivided nne-half (1i2)interest as tenants rw
in common and not an Joint tenants In and too
lot tour (4), West Aspen Subdivision, rU ing No. F ; 1-A, Pitkin County, Colorado, together with an
exclusive usa of the northerly one -hall (1/2) of
said lot and all t tnprm•ementa Iherauxo as more
fully specified herein,
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IN fee slmpls by Hood And sufficient Omeral Warranty Used, and as tenants
free and clear of all hens and enrumbrances except the restrictions, which i
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late a forfeiture or reverter clause, u clmtalned In the instrument recorded September
S. 1967 In Hook 299 at Paso 711, of the records of Pitkin County, Colorado, and as
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amended by Instrument recorded October 4, 1967 in Aook 229 at Page !Ol of the records
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Of Pitkln County, Colorado, terms, conditions and obligations contained In the Articles
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of b"rporation of the West Aspen Home O anew Association, recorded March 6, 1960
In Hook 233 at Page 496 of the records of Pitkin County, Colnradn, mineral and patent
reservations of record, easements for utilites of record, any Ilene or encumbrances
created by or through the Purchasers.
A title Insurance committment In an amount equal to the purchase price,
at the Seller's expense, shall be furnished to the Purchasers within fifteen (I5) days of
the execution of this contract.
The Purchasers agree to pay to the order of the Seller as the entire
purchase price for said property the sum of Twenty-six Thousand Nine Hundred Ninety-
nine Dollars (f0U."Il.00). payable as follows:
(a) One Thousand Dollars ($1, 000. 0o), the receipt of which Is hereby
acknowledged by the Seller.
(b) Three Thousand Five Hundred Dollars ($3, 500. 00) an or before
October ", Igoe.
(c) Four Thousand Four Hundred Ninety-etne Dollars (y4.499. 00) on
the lot day of November. 1966 on which date the Purchasers shall be entitled to possentaw
of the property.
(d) The balance of Eighteen Thousand Dollars ($1e,000.00) shall be
paid to the Seller in equal monthly installments of One Hundred Seventy-two Dollars and
Two Cents ($172.02) until fully paid, said Installments Including interest at the rate of
eight per cent (erg) per annum on all unpaid balonces. 'Ihe Seller represents and the gi
Purchasers agree that Bald installments shall be made Jointly to the order of Barbara
Fasching and Mutual Savings and Loan Association, and that amid Installments shall be
Applied against the Seller's obligation to that financial tnetihrtlae, s
(e) Additional amounts may be added to said Installments for property
taxes and Insurance. The amounts Of which shall be determined in the future. The �r '
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and all r
ier.by is
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"aid.
r above
hi the
nd Loan
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(30) days
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r event this
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Purchasers chill pay all general taxes hwetndter to bsoome dw daring the life of
this contract an the portloa of the premises ender onetract here`an . the lydwt d
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purpose being that the monthly payment as shove provided shall Include lutereat and
taxes. QCI
The Purchasers farther agree to keep all bulldtage now or berelaaftsr 1
erected on said property Insured for the benefit of the iteller for the value thereof not
to exceed the unpald balance of this contract except at the option of the Purchasers
and will deliver said policy or policies to the Heller.
Until the termination hered, Purchasers @hall be entitled to possession
of said property, but In the event of the failure of the Purchasers to make any one or
more of said payments or perform the covenants agreed to be made end performed by
the purchasers, this agreement may be terminated at the election of the Heller upon
giving to the Purchasers al.hy (60) days notice of Intention to do so, which notice may
be served as provided by law for service of notice to quit, 4r)& *gNVwk091A'Pit
7t UMARN UNtualmlpSRK4 UP1M"ff ml; 7tm47Nfak Inlfa/c Malt7ba /nliRllt17bJ7ctd
I7F*lW7tli"M7tlKtwral1lMI(e "%mur,mapanRmfdd AWXOR3e"*Kom111"1laa:
or Seller in the event of such failure to make any payment or payments or perform such
covenants may declare the entire , grsld Mlrrnee due and payable, and In the event of the _
all poet due monthly payments
faHnre of Purchasers to paJa5gcxa)rahbbn1wxinrrr! before the expiration of ntnety ,!0)
days after service of notice of such election, then In that event Seller may take each
the entire S
action as may L: nocessary for the collection o/ggw unpaid balance or may declare this 3
contract terminated. oaksff*wVMMMMarnntmolwmft1=ftlttta112pMotl1 9K1
in which event Purchasers agree 'munedlately W mwronder and deliver possessioa Be this
Seller,
At the time possession to granted to the Purchasers the property herelm
under contract shall include the stove, carpeting, and garbage disposal.
Tbc rights of the respoctive parties hereto to the use of lot four (4), west
Aspen Subdivision, Filing No. 1-A, Pitkln Carob, Colorado shall be as follows:
;n) The Purchaser" shell have the sole and exclusive use, benefit,
enJoyment, and right of occupancy and possession of the northerly one-half (tiz of lot
four (4), West Aspen Subdivision, Filing No, I -A, Pitkin Canty, Colorado, @ad all
rents, Issues and profits therefrom, to the exclusion of the Seller, and the Parch"ers
waive and relinquish any end all right they have or may have in and to the use, benefit,
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n sT..,�,rl,"�'T�Rs'w�!'f'„`�Zlr^'""v".tRr�".s„v+Q.w.a.=•r+-.�.�.s-�'z
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en)nyment• oer iranry and posaraslon of the soulhorly one-half (I!il) of Int 4, 1V•-It -
Arysrn Rulxtl`•IRlnn, Filing No t-A, Pilkln Crnmtv,. t oloredn, and s11 +oprmem�nta
J. 7
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therron, and all rrnts, Issues and profile therefrom. (�
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(b) Ths R•Iler hall have the Role and exclusive usu, benefit, enl<q-
ment and right of orrul aney of possesslnn of the emulherly one-ludf (1/ 2) of lot four ,(4)
West Aspen Subdlvlslon, Filing No. 1-A, PIIW County, Colorado, and all improvements
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thereon, and all rents, Issues and profits therefrom, to the excLulon of the hutrhasera,
and the Seller salves aml relinquishes any and sl) right It has or may ha.e Ill and to the
use, benefit, rn)m•ment, occupancy wid poseeeslon of the northerly one-half (1/2) of lot
four (4), West A*pen Sulslivlslnn, Filing No. 1-A, Pltkin County, Colorado, and all
Improvements, thereon, gnu YIr t rut., Issues and profits therefrnm.
i
(c) The use of the above described property shall he and hereby to
subject to existing easements, rights of way and restrictions of record, B any,
(d) Each party hereto Rgr_-�rs to:
1. Pay their proportionate share of all taxes "Ressed and
_
levied against the property and improvements, desrrlhed shove,
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2. Ifold harmless and Indemnify the other party from any --
and all (tens, rnrumbrances, damages, claims and debts Incurred, caused or brought
Into being by the virtue of their particular exclusive use and occupancy aforesaid.
Each party hereto sprees not to further encumber the property shove _
- _
described without first obtaining the written consent of the other, party hereto. In the
event that either party defaults in the payment of the note to Mutual Ravings and Loan
'
association, the other party may, at their option, make said payment or plyments and
that payment or pavmenta shall constitute a lien against the prnPbrr , due and payable
able
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within five (S) days within the date the payment In made, and said payment shall bear
interest at the rate of Ten (10) percent per annum.
Each party hereto hereby expressly
y grants to the other parties a right of
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first refusal in the event that she or they should desire to dispose of theft property,
giving the Party to whom the right of first refusal is offered a period of thirty f30) days
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to Match any bonifted offer on the property of the other.
Time V weed to be of the essence In this contract, and is, the event this
.
00etracl Is termlested as berelnabove provided, the Seller shall have the right as reenter
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and lakes fmmedlele possenolnn ow told rrnportr, and Me, J"Uri `,avers osree Immallalely
to aurrerrler and deliver up Ow same peaveahlr In the Reller, and U the Purchasers
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,hull remaln In pooseroMn therm( after such terminallon, the Purchasers ohall he
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deemed guilty of forceable dctslnrr of said premines under the Statute and shall be sub_
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)eel to eviction and remoial forccably or otherwlae with or without process of low.
It is further mutually agreed that all of the covenanle and agreements
herein contained shall extend to and be binding upon the heirs: executors. admintetratore It
and assigne of the respective parties. I
In Witness Whered the portlre hereto have hereunto set their hands and
seals the day and year above first wrlttse.
Barbara Fasching Seller
// J W. Che ut purchase T c'.
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Sue Chesinut purchaser S <
ADDEND
As of the date of the delivery of the Deed to buyer an
hereinabove provided, the seller shall supply buyer with a
policy of title insurance to be Issued by a reliable title
company, which shell show the title to said property to bs
merchantable and free from taxes, assessments, liens, and
enclimbrar.ces, except such thereof an are set forth herein
and such thereof as may be suffered or created hereafter
by the buyer. The seller shall pay for said evidence of
title.
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SUNCHFSrU o Pure aser 5 C .
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WITH ALU, CAP
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TRI-CO Management, Inc.
Box 1730
Aspen, Colorado 81611
303.925.2688
SURVEYED date:
DRAFTED date:
REVISIONS
W-EBAR W rt}-+ AL-U CA.r
EXHIBIT A
TO DECLARATION OF RESTRICTIONS
COVERING LOT 4,
WEST ASPEN SUBDIVISION,
FILING NUMBER 1A,
COUNTY OF PITKIN,
STATE OF COLORADO
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O _ ..10 ZO 'SO A0
OCAL
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AO
�150F= 1'S�-,A{2ING: FOVNK2 5U01JN15101V (Y1pNUME!N'i5 AS
91-40WN NEF12EON.
TE
L_.... "THIS I J TO CEF27iFY TF-IAT ON JANUAtZy 1b,1974 A 9UFZVEy
WA5 MADE VNM-R MY 9UPt:- i' 0t l OF IATL},WEGr* PF7PEN
! 9-3PI\/1910N FILLING NO. IA•TF-1E TV�O 3'r012y OLOCK
1 L AND WOOD �F Mr- rUPLE5-X A5 43H0Wh1 HEREON WA5
FOVNtD TO DE L CATEP EN-r142L.L-V WITHIN THE 0OUf,4PA RY
LINE-SOF e3A]P FQOPEIRZ-r / THE LOCATION AND DIMeW-�AON9
OFA-L-OU]L-P]NG��, IMPQOVEMENT�, EAS�MEr4TS,.AP-4D1216HT9--
OF-WAV IN C-VIDENCE OR KNGW\ 70 ME ANDENGF�Y+GHMLNTg
pyOR ON THESE 9tE5 AP.F- ACCUPA-TELY 9F +OWN•
NOTE: SNOW OF-PTH A"r 71ME OF OURVtF--y
1
F- ?�cs
�'.r`�� f�'Yt/Ft •�Cti�'�
'-f3AR WITH
-S�I/o8 9184 `
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TITLE: IMF
L-O?'4, W�`T �PFN slJ6DN19tON
F=ILUNG-Y NO. I A
JOB NO.: 74-8— I
CLIENT: OATI=S
SHEET NO.: I OF I