HomeMy WebLinkAboutcoa.lu.ex.Gaudino, Lot 20 West Aspen Filing
. F%?de~
September 2, 1975
John Kelly, Esq.
Oates, Austin & McGrath
Attorneys-at-Law
P. O. Box 3707
Aspen, co. 81611
Re: Gaudino Exemption
Dear JOhnl
Please find enclosed the original of the Statement
of Exemption requested for the Gaudino duplex.
Very truly yours,
Sandra M. stuller
city Attorney
SS/pk
Ene.
cc: K. Hauter
B. Kane
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STA'rEMENT OF EXE~lPTION
V;HEREAS, there has been filed an application from the
definition of subdivisinn for the conveyance by \'hlliam Gaudino
of two undivided interests in an existing duplex situate on the
following described tract located in Pitkin county, Colorado, to
wit:
Lot 20, West Aspen Subdivision,
Filing No.1, City of Aspen,
Pitkin County, Colorado, and
WHEREAS, Gection'20-19(b) of the Municipal Code of the City
of Aspen authorizes the City Council to exempt the parceling of
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interests in land from the definition of subdivision when, in
the judgment of the City Council, such division is not within the
intents and purposes of the subdivision regulations, and
WHEREAS, the city Council has determined that the intended
parceling of the tract into two undivided interests is without
the intents and purposes of the regulation inasmuch as (1) all
utilities and improvements have been installed, (2) the improve-
ment of the property has already occurred, (3) no dedication fees
are required for the condominiumization or construction of a
duplex, (4) the interests to be acquired by the conveyance are
similar to holding the tract as tenants in common, a recognized
exemption to the definition of subdivision, and (5) no objectives
THEREFORE, the Aspen City Council, pursuant to action taken at
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of subdivision review will be defeated by this grant of exemption,
its regular meeting held August 25, 1975, and subsequent to an
affirmative recommendation of the Planning Commission, does declare
the intended conveyance without the intents and purposes of its
subdivision regulation and grants an exemption therefrom pursuant
Date:
Aspen Mun~pal CJd~.
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-~s~ac1Sta'~dley III, ayor
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to Section 20-19(b) of the
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ATTEST:
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Jla-cJ _ .~..I;j~
Kathry~ Hauter
City Clerk
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HcguJar Mcctin'.!
^spcn City Council
August 25, 1975
}~isller told Council he Dud l)(:,cn told by the plJnning offi.ce thi:lt t-1011icil's appraisal
would Le satisfactory. lIe t\~d not received the appraisal until 4:30 thin afternoon.
Kistler said if Mollica's uppraisul is satisfactory, 11C will w~ive the appeal to
"p & Z. Hayor SL1ndley said the City Council c.:mnot p<fSS a finti] subdivision ~pproval
...li t!JuUl the dc.tcrminatic.n of the dc(Jication. r-lilyot: Standley <:ldc1ed that the Cl.ty
Council has never determined a dedication fee.
Councilwoman Pedersen moved to table final subdivision approvali seconded by Councilman
De Gregorio. All in favor, motion carried.
PARK CIRCLE - Final Subdivision Approval
Hal Clark of the planning office told Council this subdivision is located on Lot 2
of Sunny Park, will contain 12 one-bedroom units, and is zoned R/HF. Clark told
Council this project obtained an exemption from mandatory PUD from the P & Z, and
approval of the subdivision plat. The planning office rccormnends approval subject
"to the satisfaction of the city engineer; completion of the subdivision improv~ment
agreementi marketing' of units pursuant with an agreement negotiated v!i th the Ci ty/
County Housing Authority.
Mayor Standley opened the public hearing. Councilman De Gregorio asked if the ca.sh
payment in lieu of land dedication had been figured. Jenkins, developer of this
project, said the cash payment could be figured Oil what he paid for the land on the
regular formula. Clark said the dedl-catfon had not been figured out, but he did not
expect a problem. Jenkins said the value of the land is established because he bought
it only three months ago.
Brian Goodheirr., Housing Officer I told Council he had had nothing but cooperation from
Jenkins in this project. Goodheim stated he was all for the project. Jenkins said
he had designed this project to accomplish the objectives he had heard in P & Z" and I
Council. He feels this kind of housing is needed. . i,
Mayor Standley closed the public hearing. I!
Councilman De Gregorio moved to approve'the final subdivision plat with the conditions
listed by the planning office and the land dedication feei seconded by Councilwoman
Pedersen. All in favor, motion carried. .
CENTENNIAL PARK - Final Subdivision Approval
Mayor Standley opened the public hearing. Hal Clark told Council this is 9 one-bedroom
condominiums units located on 12,000 Equare feet east of _the Larkspur condominiums.
This project received stream margin review approval. The planning office recommends
approval of the project with the stipulations of the city engineer: also limitation of
occupancy to six months or greater. Clark explained to Council there would be an extra
sheet on the final plat to show the configuration of the units. Earlier Council had
objected to the configuration of these units because of conversion possibilities to
two-bedroom. Clark said the project developer had basically agreed to pay the appraised
value for the dedication. Bayard Hovdesven said he had no problem with the stipulations
although he had not anticipated the six month clause.
There"were no further comments~ Mayor S~andley"closed the public hearing.
Councilman De Gregorio asked the price of the units as contemplated for sale. Hovdesven
answered about $45,000.
Councilman Behrendt moved to approve t.he final subdivision plat based on the condit'ions
of the planning office and the agreement to pay the subdivision "dedication feei seconded
by" Councilman Parry. All in favor, motion carried.
'~AUDiNO- DUPLE~Exemption from Subdivision
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City Attorney Stuller had submitted a memorandum to Council explaining the request for
exemption. John Kelley told Council this exemption IOn no way changed any use.
Councilwoman Pedersen moved to grant the exemption; seconded by Councilman Parry. All
in favor, motion carried.
ORDINANCE #51, SERIES OF 1975, Monics for the Meadowood Pipeline
Mayor St,:{ndlcy opened the public hearing." City Hanager Mahoney -told Council Henry
peders-en v,,'cJ.s working on the project. Hahoney also said that this is all the money he
wanted for the Headowood project.., Mayor Standley closed the public hearing..
Councilwoman Johnston moved to read Or.dinance #51, Series of 1975: seconded by Councilman
Parry. All in favor, motion carried.
ORDINIINCE #51
(Series of 1975)
IIN ORDINNK"E M'I'HOPRtIlTING TilE IIMOUNT OF ONE TIlOUSIINI) FIVE IlUNDTUm ($] ,SOD. 00)
110I.l,,~,"r':-, I~r l'~~/\I';'I:01'!{L\'l'l,:n ~".'I\TJ:H PL^N'l' J NVJ-:~;'l'r-ll':N'J' I-'El':~; nm 'fill:: 1n";~;TOH^,1'10N
OF '1'1lt: r-L\I~()UN-Hi-:i\[J()~'JOOD Pll'ELlNE I:;^SEM1~Nrl' vl.15 rC?d by lhe City Clerk
Councilwomun Johnston moved to adopt Ordinance #Sl, Scried of 1975, on second reading:
seconded by Councilman Parry. Roll Cdll voto; Councilmcmbcrs Johnston, aye: Purry, aye_:
Wish.:1rt, .:lye; H(~lir.cndt, ayei Dc Gregorio, ayei Pcd0rf;cn, abtitnin; Mayor SL.lnult'Y, tlye.
Motion" curried. ..
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LAW OFFICES
OATES, AUSTIN & MCGRATH
600 EAST HOPKINS STREET
BOX 3707
LEONARD M. OATES
RONALD D. AUSTIN
.J. NICHOLAS McGRATH, .JR.
ASPEN, COLORADO 81611
WILLIAM R. .JORDAN m
ANDREW V. HECHT
AREA CODE 303
TELEPHONE 925-2600
August 19, 1975
HAND DELIVERED
City of Aspen
Planning Department
Post Office Box V
Aspen, Colorado 81611
Attention: Hal Clark
Re: Declaration of Restrictions for Guadino Duplex,
Lot 20, West Aspen Subdivision, Filing 1.
Dear Hal:
Enclosed is the Declaration of Restrictions which I
discussed with you yesterday. The property involved is
situated within West Aspen Subdivision and is a duplex lo-
cated upon a legally subdivided lot which Mr. Guadino wishes
to divide into two undivided interests, selling one interest
to our client Greg Holmbeck (copy of receipt and option
contract enclosed) and the other interest to Chuck Torinus.
The effect and use of the property would be no different than
presently exists, as a duplex already is situated on the
property. The sole motive for obtaining the proposed exemption
is the obtaining of housing for two Aspen families at a reason-
able cost.
Respecting the pertinent design requirements which must
be fullfilled pursuant to Section 20-17 of the Aspen City Code
in order to entitle us to an exemption under Section 20-19 of
the Code, I would advise as follows:
1. The subject property fronts on Bonita Drive, which
is an accepted City street and complies with all the minimum
classifications respecting widths and grades.
2. Bonita Drive is an accepted road by the City of Aspen
which is surfaced and maintained by it at regular intervals.
3. The property is serviced by and connected to the
City of Aspen Water Department and the Aspen Metropolitan
Sanitation District.
OATES, AUSTIN & MCGRATH
City of Aspen
Page Two
4. I believe that all requirements of Section 20-17
of the Code of the City of Aspen relating to lot size are
complied with.
If you should need additional information respecting
this application, I will be happy to provide you with same.
Very truly yours,
By
JTK:lh
Encl.
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130 so
aspen,
SPEN
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street
81611
MEMORANDUM
DATE: August 19, 1975
TO: Members of City Council
FROM:J~andra M. Stuller
RE: Requested Determination of Exemption
from Definition of Subdivision
- Lot 20, West Aspen Subdivision
On Monday you will be requested to consider an
exemption from the definition of subdivision for the Gaudino
Duplex. Gaudino wishes to sell a one-half interest in an
existing duplex to Gregg Holmbeck. There has been executed
an agreement with restrictions on the use of the property
(comparable to a condominium declaration), but no plat has
been drawn. In essence, the question is, is this selling
of a one-half interest a subdivision of property such as to
bring the subdivision regulations into play. The request is
for a determination that it does not.
The exemption procedures consist of Section 20-19(b)
of the Code, which reads:
"(b) Following receipt of a recommendation from
the Planning Commission, City Council may exempt
a particular division of land from the definition
of a subdivision set forth in Section 20-3(s), when,
in the judgment of the City Council, such division
of land is not within the intent and purpose of
this chapter."
I do not hesitate to recommend granting of this request inasmuch
as:
1. The structure exists and no application of the
subdivision regulations will effect the configuration
of use of the premises.
2. Dave Ellis finds that all utilities and a~cess
requirements of the subdivision regulations are
satisfied.
Members of
August 19,
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City Council
1975
3. We would not receive a dedication (fee or
land) if we were to require compliance with the
subdivision regulations inasmuch as Section
20-18(a) (5) exempts from the dedication require-
@ents the construction or condominiumization of
a single duplex, triplex or fourplex.
4. The subdivision code excludes from the defin-
ition of subdivision the division of land by the
acquisition of an interest in the land as tenants
in common (here they are each taking an undivided
interest with the right to exclusive occupancy of
each dwelling unit, a similar technique).
5. The impetus for the application is to satisfy
the financing agency and I can determine no ulterior
motive detrimental to the objectives of the sub-
division regulations.
The Planning and Zoning Commission recommended approval at their
meeting held August 19th.
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RECORD OF PRO~EEDINGS
100 Leaves
"MOl ~ C". It~t~o:rl e. e. & l. co.
Regular Meeting
Aspen Planning & Zoning
August 19, 1975
Meeting was called to order by Chairman Jenkins at 5:04 p.m. with members Patrick
Dobie, Roger Hunt, Brian Goodheim and Danny Abbott. Also present were Bill Kane
and Hal Clark of the Planning Office.
Approval of Minutes Hunt noted that on the August 5th minutes, under Trail Access
he had said that the bikes would have to yield to the street
traffic.
Otte ?rrives.
Motion
Hunt moved 'to approve the minutes of July 15, 29, August 5
(as amended) and August 15 special meeting. Otte seconded.
All in favor, motion carried.
Rezoning Requests:
Thomas Property
Otte was concerned about the'congestion problems with hang-
gliders and members questioned the City's respG~sibility for
accidents.
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Collins arrives.
Otte felt that they had agreed to make,the area passive
recreation. City Attorney noted that preliminary arrangement
were being worked out with hanglider's club and to change
area to passive park would take a change in the zoning.
Motion
Hunt moved to table the rezoning request until they can meet
with representatives of the hangliding group. Ot,te seconded.
Collins felt that they should go towards changing the zoning
, of the area to have only passive recreation.
Hunt amended his motion to table until the Planning Office
comes back with a rezoning of the area. Second by Otte.
All in favor, motion carried.
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Clark noted that this was three parcels annexed by the City
on July 25th with Ordinance #43. Parcel "A" was two subdiv::_,
ided lots of 32,000 sq ft; "B" is one subdivided lot of
15,000 sq ft; and "c" ,is an undivided tract of' land at 20,000
sq ft. Clark recomnlended that all three parcels be made R-15
zoning. Jenkins opened the public hearing. There being no
comments, he closed the public hearing.
Enclaves
Motion
Hunt moved to rezone Enclaves (Parcels A,B, C) as R-15.
Goodheim seconded. All in favor, nwtion carried.
:)ld Business
Clark presented a sUlrrmary of the c~rent~tatus of pending
items for the Planning Office.
New Business
Gaudino Duplex
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Kane noted that this exemption request had been tabled until
they had worked out open space questtions but Kane felt it was
a simple request for exemption "hidh the code allm-ls for if
the existing building is less than a four plex.
'Represented by John Kelley and Lenmie Oates with Oates saying
that they "eren't clear whether thCJ1 were considered a
subdivision or not in the code but that a duplex is allowed
exemption after revie", by the P & z. City Attorney noted
that Council 'ha,d not anticipated anw impact on smaller housil~
developmenLs and thu!; had exempted tthem from subdivision cost
:,lotion
OtLe r~commendeu to Council that Gamc1ino be granted excmptiOl
from Subdivision. Hunt seconded. ]A\ll in favor, motion
can:ied.
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ASPEN/PITKIN PLANNING DEPARTMENT
l30 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Planning Staff (HC)
RE: Gaudino Duplex
DATE: August 14, 1975
This item is continued from your August 5, 1975 meeting. The City
Attorney, Sandy Stuller, will be in attendance to comment on this
application.
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DECLARATION OF RESTRICTIONS
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KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, WILLIAM J. GAUDINO, hereinafter called
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"Declarant," is the fee simple owner of the following
described real estate, to wit:
Lot 20 WEST ASPEN SUBDIVISIONS, Filing No. I
County of Pitkin, State of Colorado,
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II and any person acquiring or owning an interest in the real
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and
WHEREAS, the Declarant heretofore constructed a
duplex residence building and other improvements appurtenant
thereto on the above-described property, which building con-
tains two (2) residence units; and
WHEREAS, Declarant desire to establish a plan for
the use and co-ownership in fee simple of real property
estates consisting of co-ownership by the individual owners,
as tenants in common, of all of the property, together with
an exclusive right to use a Residence Unit in the Building
as hereinafter provided.
NOW, THEREFORE, Declarant does hereby publish and
declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations, and obligations
shall be deemed to run with the land above-described, shall
be a burden and a benefit to Declarant, his heirs and assigns
property and improvements, their grantees, lessees, successors,
heirs, executors, administrators, devisees or assigns.
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DEFINITIONS
1.1
"Residence" or "Residence Unit" means an individual
unit, consisting of enclosed rooms occupying
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part of the Building!
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floors, ceilings, windows, doors and built-in fireplaces, if
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any, of the Building constructed on the above-described real
property, together with all fixtures and improvements therein
contained, but not including any of the structural components
of the Building within a Residence Unit.
1.2 "Owner" means any person or entity, including
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Declarants, or any combination thereof, owning an undivided
:; interest in the property; the term "Owner" shall not refer to
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;: any Mortgagee, as herein defined, unless such Mortgagee has
acquired title pursuant to foreclosure or any proceeding in
lieu of foreclosure.
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1.3 "Mortgage" means any mortgage"deed of trust or
I; other security instrument by which the interest. of any Owner
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1.4
"Mortgagee" means any person named as Mortgagee
I, 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 Building is 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 Building;
(c) The common yards, gardens, parking areas, and
storage spaces and sheds;
(d) Any installations consisting of equipment
and materials making up any central utility services;
(e) In general, all apparatus and installations
existing for common use; and
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(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 ~" means any Common Area
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designated herein for exclusive use by Owners of a particular
Residence Unit. Any balconies, decks, terraces, porches,
patios, exterior walkways, stairways, doorways, storage areas
and garage 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
Building, all improvements and structures thereon, and all
rights, easements, and appurtenances belonging thereto.
1.8 "Building" means one of the two connected resi-
dential building improvements comprising a part of the property.
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EXCLUSIVE RIGHT TO USE AND CO~illON AREAS
2.1 Said property is improved with a duplex residence
building containing two (2) Residence Units as shown on the
plans attached hereto as Exhibit "A." Subject to the limita-
tions contained in this Declaration, and to the terms, provi-
sions, reservations and restrictions set forth on the recorded
plat of WEST ASPEN SUBDIVISION, and contained in the
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Ii Covenants for said Subdivision recorded in Book 229 at
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l' Page 78, and amended by instrument recorded in Book 229 at
I' Page 507; all of the records of Pitkin County, Colorado, each
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I, Owner and their respective successors and assigns shall
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own an undivided fifty percent (50%) interest in the
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property, together with an exclusive right to use a Residence
Unit in the Building, the non-exclusive right to use and
enjoy the Common Areas and the exclusive right to use and
enjoy any Limited Common Areas which may be designated on the
attached map for exclusive use by such Owner. The purchaser
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Ii use the southerly one half of the garage, being the one
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of the Residence Unit designated as Unit One on the plat
attached as Exhibit A shall have the exclusive right to
half closest to Bonita Drive.
2.2
Each Residence Unit shall be used and occupied
for single-family residential purposes only and no trade or
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 six (6) ~onths and the
maximum occupancy shall be six persons per Residence Unit.
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
Ii all walls, windows, ceilings, floors, and doors bounding the
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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 Resid~nce Unit, and other items
i. of personal property, and for casualty and public liability
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use.
No Residence Unit or Common Areas shall be occupied or
" used for any purpose or in any manner which shall cause a
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ii Building or any Residence therein to be uninsurable against
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i! insurance to be cancelled or suspended or the company issuing
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loss by fire or other perils of the extended coverage casualty
insurance, or cause any policy or policies representing such
Ii the same to refuse renewal thereof.
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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,
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activity in violation of the Covenants for WEST ASPEN
SUBDIVISION be committed or permitted to occur in any Residence
Unit or Common Area.
2.7
The Common Areas shall be improved and used only
in accordance with rules promulgated by the Board of Governors
which may include, but are not limited to (i) vehicular park-
ing,
(ii) vehicular and pedestrian movement on the Common
Areas, including ingress to and egress from the Residence
Units in the Building,
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(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
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11 park his vehicle in such a manner as to interfere with another
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subject to such easement.
No owner of a Residence Unit shall
owner's use of the common driveway.
2.8
No activity shall be carried on in the Common
:1 Areas which shall be contrary to the rules and regulations
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II 2.9 Each Owner shall be legally liable to the Board
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of Governors for all damages to the Common Areas or to any
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improvements thereon or thereto caused by such Owner, his
guests, or any occupant of such Owner's Residence Unit.
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2.10
Some of the Common Areas are or may be located
Ii within the Residence units or may be conveniently accessible
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only1through 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
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,
II emergency repair or replacement of any of the Common Areas or
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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
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to this Declaration.
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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,
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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 choose between
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-
I ance of their services as Governors but shall be entitled to
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reimbursement for out-of-pocket expenses expended in such
performance.
The Non-Owner Governor shall be compensated for
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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
WILLIAM J. GAUDINO shall be the initial Owner
Governor.
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. Except as provided for in Article 3.5, it shall
be necessary that both Owner Governors be present at a meeting
of the Board to Constitute a valid decision of said board,
unless an Owner Governor has received at least thirty days
written notice of a Board Meeting, and does not thereafter
appear. In the event of non-appearance by an Owner Governor
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I' may be taken without a meeting of the Board if both the
Ii then-existing Owner Governors shall consent in writing to
such action.
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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
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
i' 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, including, but not limited to,
rules and regulations relating to the use of and activity
on the Common Areas.
I (c) To maintain bank account(s) for funds coming
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(e) To enforce the provisions of this Declara-
tion; PROVIDED, HOWEVER, such right to enforce the provisions
of this Declaration shall not be construed to prohibit the
right to enforce this Declaration by any individual 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
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recite each of the Owners as named insureds, as their interests
appear.
Said insurance shall not be in an amount less than
the full replacement value of the improvements located on
the property.
(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
I Common Areas designated for use in connection with his Residence
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It Unit in a good, clean, sanitary and attractive condition. The
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Board of Governors shall be responsible for the maintenance and
I repair of exterior surfaces of the Building, including, without
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i limitation, the painting of the same as often as necessary,
Ii the replacement of trim and caulking, the maintenance and
I' repair of roofs, the maintenance and repair of other Common
I Areas, including utility lines and all other improvements or
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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 with it
contracts. The Board may obtain and pay for legal and account-
ing services necessary or desirable in connection with the
operation of the property or the enforcement of this Declara-
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tion. The Board may arrange with others to furnish lighting,
heating, water, trash collection, sewer service and other
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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
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5.1 The Board of Governors shall have the right and
power to make from time to time reasonable assessments upon
each Owner to meet anticipated expenditures for common expenses
authorized by the Board. Except as otherwise provided herein,
each Owner shall be assessed separately and in an equal amount.
Assessments may include, but are not limited to:
(a) Payment for all Common Area utilities;
(b) General taxes and assessments;
(c) Insurance premiums for insurance covering
the property;
(d) Maintenance and repair of the exterior
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surfaces of the Building and Common Areas; and
(e) Payment for assessments levied against the
property by any neighborhood or subdivision Homeowners Assoc-
iation.
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5.2 Written notices of such assessments shall be
deposited in the United States mail, postage prepaid, addressed
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to each Owner. Such assessments shall be a lien on the
Owner's interest in the property and the Residence Unit which
the Owner has the exclusive right to use, superior and prior
to all mortgagl:!s thereon save and excepting a valid first
mortgage or deed of trust, and a personal and individual
obligation of the Owner from the date such assessment is
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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 com-
menced, 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 descrip~
tion 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 permitted by law. The Board shall have the
power to bid in the interest of the Estate of the defaulting
Owner at foreclosure sale and hold, lease, mortgage and
convey the same in the name of the Board of Governors. Copies
of any notices under the foregoing subparagraph shall be
sent, postage prepaid, to all first mortgagees of affected
real property interests under this Declaration.
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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 del in-
quency as hereinabove provided.
5.4 Neither Owner, his successor, or assigns, may
exempt himself from liability for his contribution towards
the common expenses, as assessed by the Board, by waiver of
the use and enjoyment of any of the Common Areas, or by
abandonment of his interest in the property or the Residence
Unit which he has an exclusive right to use.
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
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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
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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
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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.
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! herein shall extend and run for the lives of WILLIAM J. GAUDINO
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
and GREGORY AMES HOLMBECK 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
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If the purchaser following such foreclosure
sale, or grantee under deed given in lieu of such foreclosure,
ii shall be the then holder of the first mortgage, or its nominee,
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the said holder or nominee may thereafter sell and convey the
l' interest free and clear of the provisions of Article 6.1, but
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its grantee shall thereupon and thereafter be subject to all
If the Owner can establish to the
satisfaction of the Board of Governors 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,
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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
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(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'
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7.2 The breach of any of the said covenants, conditions
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
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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.
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7.4 The remedies set forth herein for breach of said
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and none of said remedies shall be exclusive.
7.5 The failure to enforce any of said covenants,
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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.
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VIII. DAMAGE OR DESTRUCTION OF THE PREMISES
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8.1 In the event of damage or destruction due to a
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fire or other disaster, the insurance proceeds, if sufficient
to reconstruct the damaged Building, shall be promptly applied
8.2
If the insurance proceeds are insufficient to
repair and reconstruct the damaged Building, the Board of
Governors will immediately appoint,an independent appraiser to
determine the percent of the Building which ha~ been destroyed.
If not more than sixty percent (60%) the Building has been
destroyed, such damage or destruction shall be promptly
repaired and reconstructed by the Board of Governors, using
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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
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If the above-mentioned appraiser determines that
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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:
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For payment of the balance of the lien of
any first mortgage;
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(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 priori,-y; and
(e) The balance remaining, if any, shall be paid
to the Owners.
8.4 If the above-mentioned appraiser determines that
more than sixty percent (60%) of the Building has been destroyed,
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and a majority of the Board of Governors agree to reconstruct
Ii same, and all of the First Mortgagees so approve the plan for
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reconstruction, then both Owners shall be bou~d by the terms
II and provisions of the plan. Any assessment made shall be a
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common expense, divided pro rata between the Owners.
The
assessment provided herein will be the debt of each Owner and
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" IX. REVOCATION OR AMENDMENT TO DECLARATION
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9.1 This Declaration shall not be revoked nor shall
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any of the provisions herein be amended unless all of the
Owners of the property, as reflected on the real estate records
i of Pitkin County, Colorado, and all of the holders of any mort-
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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
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"I be and remain in full force and effect.
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the remaining portions of this Declaration shall, nevertheless,
10.2
Where necessary for proper construction hereof,
the singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, this Declaration has been duly
executed by the Declarants this
day of
1975.
Declarant:
WILLIAM J. GAUDINO
STATE OF COLORADO
County of Pitkin
)
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this
GAUDINO.
The foregoing instrument was acknowledged before me
day of , 1975, by WILLIAM J.
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WITNESS my hand and official seal.
My Commission Expires:
Notary Public
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EXHIBIT A
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\...0-(' 2O,WE:ST ASPEN SUBDIVISION, FIL\NC> \--10.1.
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,LIMITED COMMON A.REA. FOR UMIT I
- INCLUDES YARD AREI!< LYlNG NORTll-
WES'{"S=I2LY OF DAS\-lED LINE'.'
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L\MtTEDCOMMON Are.~A_
l=ORUNIT"2.
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I ; tREA "FOR U~''T '1
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, RECORD Of PROCEEDINGS
100 Leaves
.011..' t. r, "'fCU\'_'. ill I. (:J.
Regular Meeting
Planning and Zoning Conunission
August 5, 1975
Meeting was called to order by Chainnan Jenkins at 5:10 p.m. with members
Roger Hunt, Mike otte, Patrick Dobie, Brian Goodheim, Danny Abbott and Chick
Collins. Also present were Hal Clark, Greg Cole and Bill Kane of the Planning
Office.
Old Business Clark asked that Centennial Park"which had been tabled previously
by them, be acted on now.' council had given Centennial their
conceptual approval based on a redesign of the units to eliminate
the chance of the "door game" being played.
~10tion
Otte moved to consider preliminary plat approval for the
Centennial Park Condominiums. Goodheim seconded. All in favor,
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motion carried.
Park Land Attorney Bruce Kistler requested that it be tabled.
Dedication
Fee Exemption Lloyd Parks, long time resident of the 700 West Hopkins building,
noted that he had been asked to come to ask them to eliminate the
I dedication fee:since the price has doubled on unit he is purchasing
Motion
Hunt moved to table the request at the applicant's request.
Goodheim seconded. All in favor,motion carried.
Jenkins asked that they get together with Soodheim on Housing at
their next meeting.
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John Kelley represented the Gaudino du~lex which technically didn't
need the exemption but was asking for 1t because of financing.
Members felt that they were back to the same problem over dedicatio
fees which were unequal.
Subdivision
exemption
Motion
Collins moved to approve the request for exemption for the Gaudino
duplex. Goodheim seconded.
Goodheim said that it didn't seem fair because these people didn't
have to make a plat and yet were exempt from dedication fees, also.
Since members were undecided about how to handle the problem,
Goodheim withdrew his second and th~ motion died. Clark felt that
a letter from the City Attorney explaining the situation would
help Kelley with the bankers.
Motion
Hunt moved to table the Gaudino duplex exemption. Abbott seconded
All in favor, motion carried.
Trail Access Francis Whitaker and Katy Smith, of Grassroots TV, presented a
video-taped program featuring bikers riding through alleys in the
west end and also from the center of town to 7th street. Hunt felt
it necessary to determine who has the right of way and suggested
posting signs csince the bikes will have to yield. Whitaker noted
that they ha.d thought to pilint crosswillks in line with the alleys
with yield signs for the cars. Goodheim mentioned anoth~r possible
solution of clll-d~-sacs. ~\"r.1bcrs felt th.~t it could C.1u"e potenti.'
accidents lhl'../inq the bik,::.'s 'Jo throuqh the, streets to the ,illlcys.
City Attorney Stuller noted that the ~odel Trilffic Code, which the
City has adopted, prohibits the u"e of rOildways for skiing. Jenkir
summarized thilt it was the res?onsibility of the pedestrian and
cyclist to protect their own s.:lfety. lie felt it mi')ht help with
the theft and pilfiragc in the houses along the alley. '
Bikeways John Faulkner, along with Gre') Cole, presented the idea for bike
lanes in the downtown areil. Cole noted that the Plilnning Office
was more in favor of a "5poke~ system then a "hub". Members felt
it would cause problems with loss of pilrking, possible ilccidents
on the passenger side of the parked cars and that bikes would go
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INCORPORATED
RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
I
I18m~fiC8'
POST OFFICE BOX 0
ASPEN, COLORADO 81811
PHONE. 303 925-7000
1:~J I 7 )V{fJ
J.u.M~U, 19 75
RECEIVED FROM Gregory Ames Holmbeck
Purchaser:&a:S~Xil!OOJ(~,thesumor$~OO.OO * ,in the form of personal check
to be held by_ ~lason & Morse. Inc. ,broker, in his escrow or trustee account,
as earnest money and part payment for the following d~scribed reat estate situate in th'"
County of Pitkin ,Colorado, to-wit: An undivided one-half interest
in and to ~ot 2~, West Aspen Subqivision, Filing No.1, together with
th~ exclUSIve ~I~ht to the use and occupancy of the Westerly Residence
UnIt and the LImIted Common Elements, and the non-exclusive right to
use a~d ~njoy the common areas, all as set forth in the Declaration of
RestrIctIons to.be.agreed upon by the parties as stated below, all in
t~;th .r;m?'~rWem~n\s g,M.h.Ia~" alPtl.1Mr~s .at p~:?n~~eW'?-a?u~e currently on the premises except as hereinafter
provided, in their present condition, ordinary wear and tear excepted, known asJN(,)S Lo t 20. We s t Asp e n
Subdivision. Filing No. 1
.
"".hit prBPcz:D d'urchnser agrees to buy upon the following terms and conditions,tor the purchase price of
$ 6 ,0 O. , payable as follow", $ 6 . 200 . 00 hereby receipted for. $ 57 . 800 . 00
due and payable at closing (plus customary closing costs) by
Certified Funds. This offer, is expressly contingent upon Purchaser
obtaining a First loan in the amount of $45,000.00, payable in
monthly installments of approximately $386.62, including principal
and interest at the rate of no more than 9-3/4% per annum, 1/12
of the annual taxes and 1/12 of the annual hazard insurance premium,
being a thirty year amortized loan. If said loan commitment is
not obtained within thirty days from the signing of this contract,
all monies hereby receipted for shall be returned to Purchaser.
1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to
exceed $ N / A and it is a condition of this eon tract that the purchaser may assume such encum-
brance without chnnge in its terms or conditions except
2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window and porch ~hades, venetian blinds, storm windows, storm doors, screens, curtain rodB, drap..
ery rods, central air conditioning, ve~ti1ating fixtures" attached TV antennas, attached mirrors, linoleum, awnings,
water softener (if owned by seller), fireplace screen and grate, built.in kitchen appliances, wall to wall carpeting and
all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4.
provided, however, that the following fixtures of a permanent nature are excluded from this sale: Non P.
3. Xl!lilii:tilCXlifl(tltlliltclC~iI!>~l!fltt:WelilJ(d(clll::C4oo1B current commitment for title insurance policy In an
amount equal to the rurchase price, at seller's '0f>:14~ expense, shaUbe furnished the purchaser on or before
Augus t , 19~ 1rnOOleICllIl<l:XlocllOXOlmIilOCxal:dOltleclo:ml:0l1ll<<OO)(Otl)tlOlllnt.JalelIer wlll
deliver the title insurance policy to purchaser ~fter closing and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender aasbove provided and compliance with
the other terms and conditions hereunder by purchaser. the seller shall execute and deliver a good and sufficient
veneril warranty deed to said purchaser o~ AlIC1l1St f! .191..S.....,
or, by mutual agreement, at an earlier date, conveying laid property free and clear of all taxes. except the general
tOX.3 for 191..5.... payable January I, 19-1..6.., and except res tric t ions 0 f record
I,
free nnd clear of all liens tor special improvements now installed. whether assessed or not; tree and clear of anUens
and encumbrances except easements for telephone. electricity, water and sanitary sewer. and except Non P.
and aubject to building and zoning regulation., and restrictive covenant. of record. Any encumbrance required to be
paid may be paid from the proceed. of this tran.actlon.
5. General tax.. for ,1922-. (based on 19.1.i-1evy and 19..1..2.... assessment), prepaid rents, water rents, .ewer
rents, FHA mortgage Insurance premiums and interest on encumbrance., if any. an~ as s os smon ts
.hall ba apportioned to date of delivery of deed.
* $3,000.00 in earnest
of the parties.
money has been released to Seller by agreement
,
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.,
Mason & Morse. Inc.
delivery of Deed
6. The hour and placo o! closing shnll be ss designated by
7. Possession of premises shall be delivered to purchaser on
subject to the!ollowing leases or tenancies: That presently'installed by Seller and
subject to sixty-days notice to vacate.
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If tho seller !ails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for a daily rentnl of $ 25. 00 until possession ,is delivered.
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8. In 1.l1c eVl:at. the premises shull oe damag-ed by fire or other C66UnUy prior to time of dosing, iu an amount of
not more than ten per cent of the total purchase price, the 8ellcr 8hall be obligated to revair the lame beiore the
rlatc herein provided for delivery of deed. In the event such dam~ge cannot be repaired within laid time or it lIuch
damage shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to
carry out this ar,-reement despito such damage, such purchaser shall be entitled to all tho credit for the insurance
proceeds resulting from such dama~e" not exceeding, however, the total purchase price. Should any fixtures or 8er-
, vices fuil between the date of this agreement and the date of possession or the date of delivery of deed, whichever
shall be enrlier, then the seller shall be responsible for the repair or replacement of luch fixtures or services with a
unit of similar size, aJre and quality. or an equivalent credit.
9. Time is of the essence hereof. and if any payment or any other condition hereof is not made, tendered, or per-
f(lrmed by purchaser ns herein provided, then this contract Ihall be null and void and of no effect, and both parties
hereto released from all obllA'ations hereunder, and all payments made hereon shall be retained on behaI! of the lelLer,
as liquidated damages.
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10. In tho event the seller fails to approve this instrument in writing on'or befor- .Lun#=ht :/q,<~ 17
19-1.S... or if title is not merchantable and written notice of defects is given to the seller or agent within the lme
herein provided for delh"ery of deed and shall not be rendered merchantable within aD days after such written notice. .
then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from
all obliJ':ations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return at
the abstract, if any. to seller; provided. however, that in lieu of correcting such defects, seller may, within said 30 days,
obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price sh~wing the title to be
free from such defects and seller shall pay full premium for such Title Insurance Policy.
11. Additional Provisions: Declaration of Restrictions must be acceptable by
both parties to this contract.
Seller agrees to guarantee the improvements against defects in
workmanship and material for a period of six months from the date of
closing. This provision shall survive the closing. Seller further
agrees to pay the cost of an improvement survey of the premises.
Purchaser of the west half of the duplex shall have exclusive
use of the half of the garage ~losest to Bonita Drive (the front
one - half) .
12. Upon approval hereof by the seUer, this agreement sh~lll become a contract between leller and purchaser
and shall inure to the benefit of the heirs, successors and assigns of said parties.
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CPu...hu" regory J\Jlre'S Holmbeck n... l' , //.~'---;,.c:::::./ ./.
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by_ Fh:tl . :tiler
Coop. Agent Stevens Reat tv
by Ll.z& J}cf/ ~
Bette Gallagher -
Purc:balel'
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Seller approves the above contract this day of . 191d....... and agrees
to pay a commission of 6 % of the gross aales price for services in this transaction. and egrees that. in the
event ot forfeiture of payments made by purchaser. luch payments ahaU be divided between the aeller's broker and
the seller, one half thereof to said broker. but not to exceed the commission, and the balance to the aeller.
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Sell",
Purchaser's Address
P.
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Box 1824, Aspen,
Colorado 81611
Phone:
Seller's Address P. O. Box 2237. ASTlen. Colorado
Phone:
'rhe prlnt:.!d porUon. of thl. torm .(lpro"~d b7 the Colorado Utal l:.t.t. Comml!'lloD (Se :!:O~7-71)
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AVVENVUM TO RECEIPT 6 omON CO."ITJU.CT VATEV JUNe 14, 1975,
Brn~EEN GREGORY AMES HOLMBECK, pUltcJuueJr., and WILLIAM J. GAUVINO,
u..ueJr..
,:3&.
SeU.eJr. a.cJmoltlte.dgu .ueupt 06 4n addUlona.l. Tlvte.e Thow.4nd VoUaJrJ.
1$3,000.001, ./.n addUlon to the. $3,000.00 e.alUtut mone.y pltevlow.4
cLU.bUlt6w to u..ueJr. by MASON 6 MORSE, JNC., 6/tom BWJVl. 4nd ag/teu
th4t 4a.l.d $ 3,000.00 IIIiU be appUed to tile pUltcJuu e. p..uee a.t c.l.o4./.ng.
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INCORPORATED
RECEIPT AND OPTION CONTRACT
(RESIDENTIALl
Il8m~
POST OFFICE BOX 0
ASPEN. COLORADO 81611
PHONE: 303 925':7000
June 14
1975
.
RECEIVED FROb!' Greqorv Ames Ho 1 mbeck
Purchaser (1.Jj/,;J.t/tJ,Jal.v.), tbe aum 01 s~200. 00 ,in tbe form of pe rsona 1 chec k
to be held by.J1.a son & M 0 r s e. In c . , broker, in his escrow or trustee account,
as earnest money and part payment for the following described real est..'\te situate in th~
County of Pit kin , Colorado, to.wit: the We s ton e - h a 1 f 0 f the
improvements located on Lot #20, West Aspen Subdivision, Filing One,
as shown on the plat thereof filed for record in the office of the
Clerk and Recorder, Pitkin County, Colorado, and subject to the
provisions of the "Occupancy, Use and Maintenance Agreement" as
provided for below. '
with all improvements thereon and all fixtures of a pennanent nature currently on the premises except as hereinafter
provided, in their present condition, ordinary wear and tear excepted, known as No lot 4I? n. W pst
Asppn SlIhrlivision, Filing One
which 8roperty purchaser agrees to buy upon the folIowin$ terms a -nd conditions. for the p"urehas8 price Of. vi-)
$64. au. uo . payable as follow!: $ 6 ,20u. 00 bereby receipted for, $5/ ,800.00 - itL
due and payable at closing (plus customary closing costs) by ~.
Certified Funds. This offer is expressly contingent upon Purchaser 1~~~
obtaining a First loan in the amount otA49."FIn "9,---payable in monthly
installments of approximately $3g'.S,ff{including principal and interest
at the rate of no more than 9 3/4% per annum, 1/12 of the annual taxes
and 1/12 of the annual hazard insurance premium, being a thirty year
amortized loan. If said loan committment is not obtained within thirty
days from the signing of this contract, all monies hereby receipted for
shall be returned to purchaser.
1. If a note and trust deed or mQrt~ge.is to be !!.ss1L"ned, the. pu~basc:' agrees. to 'Pay a lcen t:a.n~a.. ::ea li.ot tv
exceed $ N I A and it is a condition of this contract that the purchaser may assume such encum..
brance without change in its terms or conditions except-
2. Price to include any of the following items cutTenUy on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants. window and porch shades, venetian blinds, storm windows. stann doors, screens, curtain roda, drap..
ery rods. central air conditioning, ventilating fixtures, att&ched TV antennas, attached mirrors, linoleum. awnings,
water softener (if owned by seller), fireplace screen and grate, built-.in kitchen appliances, wall to wall carpeting and
an in their present condition. free and clear of all taxes, liens and encumbrances except as provided in paragraph 4;
p'rovided, however. that the following fixtures of a permanent nature are excluded from this sale: N n n p
3. /tp/;.'Nrfir/tMttt/e/tp NrlJ/rIr,t.r/cf,Mrlitl<IJ.M ~"'I./nIa CUtTO'llt commitment for title insurance policy In an
amount equal to the purcbase price, at seller's r/pf.iJrII.r/d/expense, .shall be furnished the purclwler on or before
J' 11 j' 1 6 , 19-L5-. W:;&J/.e/: fiW:/ '1o/f/J.Ynls~ /S#!. titl" 1nJ.1/r#<I Io/n/:n,ltfn#, aeller will
deliver the title insurance policy to purchaser after clo:dng and pay the premium thereon.
4. Title shaH be merchantable in the seller. Subject to payment or tender a. above provided and compliance with
the other terms Rl1d conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient
G e 11 era 1 watTanty deed to said purchaser on .1 '11 Y 1 S i 19~,
or, by mutual agreement, at an earlier date, conveying said property ,free and clear of all taxes, except the general
taxes for 19_7-5--. payable January I, 19-L6-. and excepl res t r i c t ion S 0 f r e cor d
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of alilien,
and encumbrance, except easements for telephone, electricity. water and sanitary sewer. and except: no n e .
and subject to building e.nd zoning regulations, and .restrictive covenants of record. Any encumbrance required to be
paid may be paid from the proceeds of this transaction.
o. General texes for 19-25--, (based on 19.24-Jevy and 19-25-. assessment), prepaid rents, water renb, aewer
rents, FHA mortgage insurance premiums and interest on encumbrance15, if any, an~ " ~ a Q ssm Q n t i
shall be apportioned to date of delivery of deed.
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6. The hour and place of closin~~~....\l1 .1~ as designated by
Mil<f\.l1~
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Inc.
7. Possession of premises shn.U' be delivered to purch~ser on--d~--i--v-e-r- y 0 fOe c d
sttbject to" the following leases or tenancies: T hat pre s e n t 1 y ins tall e d by Sell era n d
subject to sixty day notice to vacate.
If the se'lIer fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be
liable for a daily rental of $ 25. 00 until possession.is delivered.
8. In the tlycr:t the premises sh:::.B be d&rr.a~ed by fire or other casualty pdor io time cf cIo~:ngt in an e.mou!"!.t of
not more than ten per cent of the total purchase price. the seller shall be obligated to repair the same before the
date herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such
damage shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to
carry out this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance
proceeds -resulting from such damag-e7_ not exceeding, however, the total purchase price. Should any fixtures or ser...
,,'ices fail behveen the date of this agreement and the date of possession or the date of delh'ery of deed, whichever
shall be earHer, then the seller shall be responsible for the repair or replacement ;;,X oller. 1ixtures or services with a
unit of similar size, age and quality. or an equivalent- credit.
9. Time is of the essence hereof, and if any payment or any other condition hereof is ,not made, tendered, or per...
formed by purchaser as herein pr?vided. then this eontract shall be null and void and of no effect, and both parties
hereto released from all obligatiorts hereunder, and all payments made hereon shall be retained on behalf of the Belter,
as liquidated damages.
10. In the event the seller fails to approve this instrument in writing on or beforp .J, In e 1 4
19--l5-. or if title is not merchantable and written notice of defects is given to the selIe::- o'r agent within the time
herein provided for delivery of deed and shall not be Y'end~red merchanta~le within 30 days after such written notice,
then this contract, at purchaser's option, shall be void and of no _effect and each party hereto shall be released from
all obligations hereunder and the payments made hereunder shall be returned forthwhhtb'purchaser upon return of
the abstract. if any, to sellerj provided. however, that in lieu of correcting such defects.- saller may, within said 30 days,
obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be
free from such defects and seller shall pay full premium for such Title Insurance Policy.
11. Additional Provisions: An "Occupancy, Use and ~laintenance Agreement" I
must be acceptable by both parties to this contrac~ and the cost
thereof shall be shared equally by Purchaser and Seller. ' I
Seller agrees to guarantee the imp.r,ovementk_against~
defects in workmanship and material for a period of~e~r.yea~'trom the
date of closing. This provision shall survive the closing. .
Purchaser of West half of duplex shall have exclusive
use of the half of the garage closest to Bonita Drive (front one-
ha 1 f) .
12. Upon approval hereof by the seller. this agreement shall become a contract between lSeller and purchaser
and shan inure to the benefit of the heirs, ilUCCilssors and assigns of said parties.
by.
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~GregOr'yPAmes Holmbeck Dat.
Agent
P:.;.,-ch,s,n'
D."
Coop. Agent
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by /.~,( L~ {c/,- (~-, .....--_
v
Gall agher
Seller approves the aboye contract this If day of _ . 19A and agree.
to pay a commission of S 1 X % of the gross sales price fa ervices in this transaction. and agrees that, in the
event of forfeiture of payments made by purchaser. 6uch payments shall be divided between the seller's broker and
the seller. one half to ;S,2i.d broker, but not to exceed the commission, and the balance to the seller.
Seller
Purchaser'5 Address
1824. Aspen. Colorado
Phone:
.
Seller's Address
Box 2237. Aspen. Colorado
Phone:
'the print~rl portion.ll or this form a,pro'l"ed by th~ c~ " 0 Real E~tnt(! Comm!lHion (SC 20.1.71)
,
LAW OF"FICES
OATES, AUSTIN So MCGRATH
600 EAST HOPKINS STREET
BOX 3707
Le:.OI'lARD M. OATES
RONALD D. AUSTIN
..J. NICHOLAS MCGRATH, ....R.
WILLIAM R. ..JORDAN In
ANDREW If. HECHT
ASPEN, COLORADO Bl611
July 30, 1975
AREA CODE 303
TELEPHONE 925-2600
City of Aspen
Planning Department
P.O. Box V
Aspen, Colorado 81611
Attention: Hal Clark
Re: Declaration of Restrictions for Gaudino Duplex,
Lot 20, West Aspen Subdivision, Filing No. 1
Dear Hal:
Enclosed is the Declaration of Restrictions which I
discussed with you yesterday. The property involved is situated
within West Aspen Subdivision and is a duplex located upon a legally
subdivided lot which Mr. Guadino wishes to divide into two undivided
interests, selling one interest to our client Greg Holmbeck (copy
or receipt and option contract enclosed) and the other interest
to Chuck Torinus. The effect and use of the property would be
no different than presently exists, as a duplex already is situated
on the property. The sole motive for obtaining the proposed exemp-
tion is the obtaining of housing for two Aspen families at a
reasonable cost.
Respecting the pertinent design requirements which must
be fullfilled pursuant to Section 20-7 of the Aspen City Code in
order to entitle us to an exemption under Section 20-10(C) of the
Code I would advise as follows:
1. The subject property fronts on Bonita Drive, which is
an accepted City street and complies with all the minimum classifi-
cations respecting widths and grades.
2. Bonita Drive is an accepted road by the City of Aspen
which is surfaced and maintained by it at regular intervals.
3. The property is serviced by and connected to the City
of Aspen Water Department and the Aspen Metropolitan Sanitation
District.
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OATES, AUSTIN a MCGRATH
Page 2
City of Aspen
July 30, 1975
4. I believe that all requirements of Section 20-7
of the Code of the City of Aspen relating to lot size are complied
with, and inasmuch as the property is improved, I would request
a waiver of certain of the provisions of Sub-paragraph 5 of Section
20-7.
If you should need additional information respecting
this application, I will be happy to provide you with same. If
you find everything in order, we would request that the exemption
application be processed and we be advised of the hearing dates.
Very truly yours,
OATES, AUSTIN & McGRATH
By
JTK/ds
cc: Greg Holmbeck