HomeMy WebLinkAboutcoa.lu.co.808/810 Bonita Dr.A16-97ft
2735-122-09-028 A16-97
—808&810 Bonita Dr. Subdiv. Exempt —
910 Rnnitn Dr_ (Condo)
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Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970)920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63885-268
Public Right-of-Way
-63875-046
Zoning & Sign Permit
-MR011
Use Tax
10000-67100-383
Park Dedication
15000-63050-480
AH Commercial
15000-63065482
AH Residential
County Land Use Application Fees:
00113-63800-033 Deposit
-63805-034 Flat Fee
-63820-037 Zoning
63825-038 Board of Adjustment
Referral Fees:
00113-63810-035
County Engineer
00115-63340-163
City Engineer
62023-63340-190
Housing
00125-63340-205
Environmental Health
00113-63815-036
Countv Clerk
00113-63812-212
Wildlife Officer
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees
Other
Name:
MV40M `��
do
Total
Date: Checko744 3
Proje t:
Case No:
No. of Copies
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City Land Use Application Fees: o
00113-63850-041
Deposit
-63855-042
Flat Fee -- -
-63860-043
HPC
-63885-268
Public Right -of -Way
-63875-W
Zoning & Sign Permit
-MR0II
Use Tax
10000-67100-383
Park Dedication
15000-63050-480
AH Commercial
15000-63065482
AH Residential
County Land Use Application Fees:
00113-63800-033
Deposit
-63805-034
Flat Fee
-63820-037
Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
County Engineer
00115-63340-163
City Engineer
62023-63340-190
Housing
00125-63340-205
Environmental Health
00113-63815-036
County Clerk
00113-63812-212
WildlifeOfficer
Sales:
00113-63830-039
County Code
-69000-145
Copy Fees
Other
Name:
Address:
Phone:
ao
Total...
Date: _
Project:
Case No:
No. of Copies
/// %
Check: ,?/, A
LOAD SUMMARY SHEET - CITIWF ASPEN
DATE RECEIVED: 2/26/97 CASE # A 16-97
DATE COMPLETE: STAFF: Chris Bendon
PARCEL ID # 2735-122-09-028 & 029
PROJECT NAME: 808 & 810 Bonita Dr Subdivision exempt. For Condominiumization
Project Address: 808 & 810 Bonita Dr. Aspen
APPLICANT: Chet Pohle qZp 41i+ ;� I jP" Gt e-1
Address/Phone: 810 Bonita Dr.
OWNER: Chet Pohle, and Adam & Mary Cherry
Address/Phone: 808 & 810 Bonita Dr. Aspen
REPRESENTATIVE: same
Address/Phone:
RESPONSIBLE PARTY: Applicant Other Name/Address:
FEES DUE
FEES RECEIVED
PLANNING
$245
PLANNING
$245.
# APPS RECEIVED 2
ENGINEER
$110
ENGINEER
$110.
# PLATS RECEIVED 2
HOUSING
$0
HOUSING
$
GIS DISK RECEIVED:
ENV HEALTH
$0
ENV HEALTH
$
CLERK
$
CLERK
$
TYPE OF APPLICATION
TOTAL $355 TOTAL RCVD $355 Staff Approval
❑ City Attorney
4 City Engineer (DRC)
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED:
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INI TIALS:k—
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
Date:
Date: g m l—
Book 97-S
CLOSED/FILED DATE: T INITIALS:
ROUTE TO: " . __ _
ft 0
MEMORANDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project E ineer
Date: March 12, 1997
Re: 808 & 810 Bonita Drive Subdivision Exemption for Condominiumization
(Parcel ID No. 2735-122-09-028 & 029)
I have reviewed the above referenced application, and I have the following comments:
1. Original "Plat" - The applicant submitted a "plat" on a letter size page that was recorded at a
book and page number that are illegible but as a letter size document and not a full size plat. The
legality of the original "plat" is questionable, and the current application to create a plat to meet the
City Code will rectify the situation.
2. Missing plat content requirements
a. Show and label the edge of the asphalt pavement. In the notes, state that the easements
indicated on the title policy have been shown on the plat. Delete the reference to the older
title policy. If any drainage improvements, such as drywells, have been constructed, show
them on the plat. Label the shown ditch as an irrigation ditch. Show the dry stack stone wall
which was installed in the public right-of-way. Show locations of utility meters and
approximate locations of utilities serving the parcel, both on site and in the adjacent public
right-of-way.
b. State the total acreage of the lot to nearest 0.001 acre.
c. The status of monumentation at the northwest corner of the parcel is illegible.
3. City Water Department
a. There is a ditch that is shown on the plat. It must be labeled "irrigation ditch." An
easement must be shown for the irrigation ditch. The Water Superintendent has requested
ten feet on each side of the centerline of the ditch, to which the applicant has agreed. This
must be shown on the plat. The owner certificates must include language dedicating and re-
dedicating the easements shown.
b. It was reported to the Engineering Department that there is a water feature that uses water
from the ditch. The applicant stated that there is no diversion from the ditch for a water
feature but that he has an agreement with the City for water use for irrigation. Prior to the
City Engineer signing the plat, we must receive communication from the Water Department
that they have been in contact with the applicant and that any water related issues have been
resolved to their satisfaction.
c. A shared use agreement for municipal water or separate water taps for the condominium
owners are recommended.
4. Aspen Consolidated Sanitation District - A shared use agreement or separate service lines for
the condominium owners are recommended.
5. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks
department (920-5120) for vegetation species, and streets department (920-5130) for
mailboxes , street and alley cuts, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from the city
community development department.
cc: Phil Overeynder, Water Superintendent
Chet Pohle (Fax 544-060
M-1.1
2
CHET POHLE
810 BONITA DRIVE
ASPEN, COLORADO 81611
TEL (970) 920-4379 FAX (970) 544-0601
February 26, 1997
RE: APPLICATION TO THE CITY OF ASPEN FOR CONDOMINIUMIZATION OF 808 AND
810 BONITA DRIVE, ASPEN, COLORADO 81611
DEPOSIT: The total deposit for this application in the amount of $355.00 is enclosed with
this application
SIGNED FEE
AGREEMENT: The signed fee agreement for this application is enclosed.
PROFF OF
OWNERSHIP: Proof of Ownership for both 808 and 810 Bonita are enclosed, signed by Vince at
Pitkin County Title
LETTER FROM
APPLICANT: Both a letter from Chet Pohle, applicant, and Adam Cherry, are enclosed. Adam
Cherry has assigned Chet Pohle as representative and has signed & notarized a
statement to that effect, a copy of which is enclosed.
SUMMARY
LETTER: Two copies of the summary letter stating the request are enclosed.
VICINITY MAP: Two copies of the vicinity map showing the location of the property are enclosed.
EXISTING PLAT: Two copies of the (old) existing plat are enclosed.
PLEAE NOTE: During the Pre -Application Conference, it was requested that
a more readable copy of this old plat be obtained. I personally visited with the
folks in the City Engineering Department, the folks at the Assessors Office, and
checked the micofische at the County Records, and no one (can you believe it?)
has a copy of the plat. It may be that the copy I have is the only one, I am not sure.
At any rate, there is no other copy of the old plat to be found. The County Clerk
told me that there is no record of any plat being recorded. Unfortunately, the copy
I have seems to be the only copy available.
E
•
PROPOSED PLAT: Two copies of the proposed plat from the surveyor are enclosed.
PRIOR APPROVALS: I checked with the County Clerk under the property address, names of prior
owners, and under the parcel ID for each address (808 and 810 Bonita). No
prior approvals can be found so I assume that no prior approvals have ever
been made. Therefore, no copies of prior approvals are enclosed.
Sincerely,
C�4 PO Lk
Chet Pohle
ASPEN
1 RED
OUNTAIN
RANCH
KNOLLWOOD GROVE
MOUNTAIN
VALLEY
To FWwpwywnco Poo
Cbwd In Whf.
9 0 Aspen/Snowmass Real Estate Guide
CHET POHLE
810 BONITA DRIVE
ASPEN, COLORADO 81611
TEL (970) 920-4379 FAX (970) 544-0601
February 26, 1997
Applicants Name and Address: Chet Pohle located at 810 Bonita Drive, Aspen, Colorado 81611.
Telephone (970) 920 - 4379
Street Address is 810 Bonita Drive, Aspen, Colorado. Legal
description is Lot 20, West Aspen Subdivision, Westerly half.
Co -applicant is Adam Cherry located at 808 Bonita Drive, Aspen,
Colorado. Legal description is Lot 20, West Aspen Subdivision,
Easterly half.
Attached is a copy of a letter signed and notarized by Adam Cherry which grants Chet Pohle to be the
representative for the condom iniumization process.
Sincerely,
o r -A
k'I - x&
Chet Pohle
•
•
CHET POHLE
810 BONITA DRIVE
ASPEN, COLORADO 81611
TEL (970) 920-4379 FAX (970) 544-0601
SUMMARY LETTER EXPLAINING REQUEST (EXISTING CONDITIONS AND PROPOSED
USES)
The owners of the property located at 808 and 810 Bonita Drive, Aspen, Colorado request to have the
duplex at this address considered for condominiumizaztion.
Currently, the use of this property is as a duplex, single family dwelling.
The proposed use is for condominium, single family dwelling. According to my conversation with Chris
Bendon, this use will conform with he Standards of the Land Use Code Sections.
Sincerely,
Chet Pohle
ASPENTITKLN
COIVMU ITY DEVELOPMENT DEPARTMENT
:agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Chester Pohle
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Bonita Condominiums
her; inarter, THE PROJECT;.
— APPLICANT understands and agrees that City o Aspen Ordinance
No. 53 (Series of t995) establishes a fe-1 structure ror Planning applications and
the payment of all processing fees is a condition prec.-clznt to a determination of
application completeness.
3. APPLICANT and CITY agree that because of the size. nature or
scope of the proposed project. it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow -APPLICANT
to make payment of an initial deposit and to the eatter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.-
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval. unless
current billings are paid in full prior to decision.
5 . Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of S
which is for hours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above,
including post approval review. Such periodic payments shall be made within 30
days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
/r
Bv:
Stair lauson r
Community Development Director
2
APPLICANT
Chester Pohle
Date: February 25, 1997
Mailing Address:
810 Bonita Drive
Aspen, Colorado 81611
TO: COMMUNITY DEVELOPMENT, ASPEN, COLORADO
FROM: ADAM Z. CHERRY
DATE: JANUARY 22, 1997
I , Adam Z. Cherry, located at 808 Bonita Drive, Aspen, Colorado, do hereby authorize Chet Pohle located
at 810 Bonita Drive, Aspen, Colorado, to act as my agent on behalf of the Condominium ization of the
duplex located at 808 and 810 Bonita Drive, Aspen, Colorado. Chet Pohle can be reached by telephone at
920-4379 or 925-1144.
In addition to the Aspen address, I can also be reached at 135 9" Street, Del Mar, California 92014.
Adam Z. Cherry Date
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' • CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that SEPARATE PROPERTY TRUST OF ADAM Z.
CHERRY is the owner in fee simple of the following described property:
AN UNDIVIDED 1/2 INTEREST IN AND TO LOT 20, WEST ASPEN SUBDIVISION, FILING NO.
1, TOGETHER WITH THE EXCLUSIVE RIGHT TO THE USE OF OCCUPANCY OF THE EASTERLY
RESIDENCE UNIT.
COUNTY OF PITKIN, STATE OF COLORADO.
Existing Encumbrances: NONE
Subject to easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKIN COUNTXA'JJfV'LE, INC.
M
uthoriXMd Aignature
CERTIFIED TO:V JA7UARY 2, 1997 @ 8:30 A.M.
1 I r_C-I 1 -7':2 I VI -i ; 1:j 1-1h J. UI' C.' I - <I:-- U L)UU 1\1U
. & Il_.VIA IJr'IVIf3 =rl"fl"IfJ COL)NTY C'L-.ERKN N"EjWI1ER 11.00 88.00
WARR Tf Y DEED
THIS DEED, made this 22 day of JANUAF.Y
1997, between VERNON ROBERT DICK & KAREN JEAN DICK R17%:0CAaZ 1,71111% TRUST AGREETIFNT
DATED DECEMBER 20, 1988, AS TO AN UNDI\'LDF.D FO{rM PERCENT (40%) INTEREST AMID FRANi�LIN F. DUERKSE
OF THE COUNTY OF STATE OF CA
GRANTOR, AND
SEPARATE PROPERTY TRUST OF ADAM Z.CHERRY ADAM Z. CHERRY, TRUSTEE
,�
GRANTEE
O
whose legal address is
135 9TH STREET DEL MAR,, CA 92014
COUNTY OF STATE OF CA ���, ,1 � y' � ,
a:
WITNESSETH, That for and in consideration of the sum of ten dollars
L1,
and other good and valuable consideration, the receipt and sufficiency of
n
/
which is hereby acknowledged, the grantor has granted, bargained, sold and
Hconveyed,
and by these presents does grant, bargain, sell and convey and
confirm unto the grantee, his heirs and assigns forever, all the real
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A
property together with improvements, if any, situate and lying and being ill
the County of PITKIN, State of COLORADO, described as follows:
AN UNDIVIDED ONE-HALF INTEREST IN AND TO: LOT 20, WEST ASPEN
SUBDIVISION, FILING NO. 1, TOGETHER WITH THE EXCLUSIVE RIGHT
TO THE USE AND OCCUPANCY OF THE EASTERLY RESIDENCE UNIT AND
THE LIMITED COMMON ELEMENTS, AND THE NON-EXCLUSIVE RIGHT TO
USE AND ENJOY THE COMMON AREAS, ALL AS SET FORTH IN
DECLARATION OF RESTRICTIONS RECORDED AUGUST 26, 1975 IN BOOK
3C2 AT PAGE 120. COUNTY OF PITKIN, STATE OF COLORADO.
* JR. & MARGARET A. DUERKMI, TRUSTEES OF THE FRANiC IN F. DUERKSEN, JR. F,% nY TRUST OF i993 DATED
MARCH 15, 1993 , AS To AN UNDIVIDED SIXTY PERCENT (60%) =REST
TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor
either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TTO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantee, his heirs and assigns forever.
And the Grantor, for himself, his heirs and assigns, does covenant, grant,
bargain, and agree to and with the Grantee, his heirs and assigns, that at
Jthe time of the ensealing delivery of the presents, he is well seized of
the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey
the same in manner and form as aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature
soever, except those matters as set forth on Exhibit "B" attached hereto
and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
Mpremises in the quiet and peaceable possession of the grantee, his heirs
and assigns, against all and every person or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural,
(L the plural the singular, and the use of gen r shall be applicable to all
pa U genders.
.•ft--s�Ll� . / J` /t- .'-� ��/�(LG -G - amk
VERNON ROBERT DICK & KAREN EAN DICK FRANKLIN F. DUE KSEN JR. &(IMARGARET A.
REVOCABLE: LIVING TRUST AGREEMENT DATED DECEMBER DUERKSEN, TRU.STEts OF 14 FRAtfliIN F. DUERKSE'N,
C3 20, 1988 JR. FAMILY TRUST OF 1993 DATED MARCH 15, 1993
STATE OF "&,Vn L'L
COUNTY OF fVbe L U ) s s .
The foregoing instrument was acknowledged before me this ILP h day of 111VAI'y
19 qij , by VERNON ROBERT DICK & KAREN JEAN DICK A14D FRA.NKLIN F. D•JERKSEN, JR.
K',RG%REf A. DUE:RKSET, TRUSTEES
y �fI
WITNESS my hand and of i 1 se 1 U�l.1/A1�Z.tiJ lY: �`-
my commission expires: } Pu��;�
KIRSTEN L. DR
�• .- , KIRSTEN L. f1i1Y
C014M M1066721 C. .I
7I LS � 8 (T + . c l k} �; CUHM 110,612l
T' 0 NOTARY PUiq ICtAUFORNIA 1` m iy,� < , NOTARY H)HI 1(',CAI IfOhNIA
f PHIH:':I',%L (it HC[ 114C11 J+ Pf11NCll'Al UI fL,G IN
F HESi40 (f111f 17'f I HL ::N0 (('1 . e
<i MV corIin& 1 li,, i' I'H Q lei. 1 1. , I . i .
"• Recorded at 3 P -It.
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Recorde
II DECLARATION Olf RESTRICTIONS
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I
KNOW ALL MEN BY '1'IIL:SE l'ItCS1;NTS :
I•
WHEREAS, WILLIP14 J. GAUDINO, hereinafter called
"Declarant," is the fee simple owner of the following
described real, estate, to wit:
Lot 20 WEST ASPEN SUBI)7vISIONS, Filing No. 1
County of Pitkin, State of Colorado,
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 follotai►g 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
and any person acquiring or owning an interest in the real
property and improvements, their grantees, lessees, successors,
heirs, executors, administrators, devisees or assigns.*
iI. DEFINITIONS
mc:i+r►s are llldividual.
unit, consisting of enclosed rooms occupying part of the Building
Iand bounded by the interior surfaces of the perimeter walls,
floors, ceilings, windows, doors and built-in fireplaces, if
II
ft�,��IJ
any, of the Building constructed on the above -described real
property, together with all fixtures and improvements therein
contained, but not including ally of the structural components
of the Building within a Residence Unit.
1.2 "Owner" means any person or entity, including
Declarants, or any combination thereof, owning an undivided
interest in the property; the term "Owner" shall not refer to
any Mortgagee, as herein defined, unless such Mortgagee has
acquired title pursuant to foreclosure or any proceeding in
lieu of foreclosure.
1.3 "Mortgage" means any mortgage, deed of trust or
other security instrument by which the interest of any Owner
is encumbered.
1.4 "Mortgagee" meansany person named as Mortgagee
or beneficiary, including successors and assigns thereof, under
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, Balls, corridors, walkways, stairs,
stairways, and entrances and exits of the Building;
(c) -The common yards, gardens, parking areas, and
i
storage spaces and sheds;
((I) Any c:gUlpment
Iand materials making up ally central utility services;
(e) In general, all apparatus and installations
i
!j existing for common use; and
-2-
I
9u"(1K �'�
f'AGL �•��
(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 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.
II. EXCLUSIVE RIGHT TO USE AND COMMON 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 resL-rictions set forth on the recorded
plat of WEST ASPEN SUBDIVISION, 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, each
Owner and their respective successors'and assigns shall
` oGrn an undivial id f.if.ty P^rc,!nf: (50'!;) i.nterPst in thA
Iproperty, together with an exclusive right to use a Residence
Unit in the Building, the non-exclusive right to use and
enjoy the Common Areas anO 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
I
�3aK 3 ( ) 2 rn-,E j 23
of the Residence Unit desi_gnaLed as Unit One on the plat
attached as Exhibit A shall have the exclusive right to
use the southerly one half of the garage, being the one
half closest to Bonita Drive, and the purchaser of Unit Two
shall Have the exclusive right to use the northerly one half
of the garage.
.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;
s
PROVIDED, HOWEVER, that no Residence Unit shall be leased
or rented for a period of less than six (6) months 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
all walls, windows, ceilings, floors, and doors bounding the.'
Residence Unit which lie 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 sucli 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 sliall 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 Uliit to which he has exclusive
use. No residence Uilit or Common Areas shall'be occupied or
used for any purpose or in any manner which shall cause a
0
�0OKcj�)l Pr,C��24
Building or any Residence therein to be uninsurable against
loss by fire or other perils of the extended coverage casualty
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
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 accgrdance 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, (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. No owner of a Residence Unit shall
park his vehicle in such a manlier as to interfere with another
owner's use of the common driveway.
2.8 No activity shall be carried on in the Common
Areas which shall be contrary to the rules and regulations
I adopted by the Board of Governors.
1
2.9 Each Owner shall be legally liable to the Board
of Governors for all damages to the Common Areas or to any
Ltier.cto caused by such Owner, his
improvements thereon or
II guests, or any occupant of such Owner's Residence Unit.
[iuUK P,1GL 125
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
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 parLlLion 1,itsr•,f: ,
III. BOARD OF GOVERNORS
3.1 The Board of Governors, consisting of three (3) '
persons, shall constitute the management body of the property,
i
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BOOK 3 02 PAGE:
and be vested with the riglits, powers and duties hereinafter
set forth.
3.2 Each Owner shall be a member of the Board of
Governors; PROVIDED, 11OWEVER, 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-
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 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 wiLh 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
550K 3 02 PhCL
who has been given the requisite notice, then a majority vote
of the Governors present at the meeting shall 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.
(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.
(c) To maintain bank account(s) for funds coming
under control of the Board.
(d) To levy assessments and otherwise act as set
forth in Article V below.
(e) To enforce the provisions of this Declara-
tion; PP.OVIDED, 11r)WE ER, nivAt r ig10_ to enforce the Pr.o•.'inions
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 otlier•i.nsurance covering the property
in amounts as determined by the Board_ Each policy shall
000" ,r �{"?
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,'IIOWEVER, that each Owner shall keep the Limited
Common Areas designated for use in connection with his Residence
Unit in a good, clean, sanitary and attractive condition. The
Board of Governors shall be responsible for the maintenance and
repair'of exterior surfaces of the Building, including, without
limitation,.the painting of the same as often as necessary,
the replacement of trim and caulking, the maintenance and
repair -of roofs, the maintenance and repair of other Common
Areas, including utility lines and all other improvements or
materials located within or used in connection with the Common
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
$ary 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—
i
. � � , r 1 E�JiJK iJ l 1� Phi,(: �� �.. •`_�
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.
T c-c=ecmvmmc nv nnARn nr GOVERNORS
V.
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:
the property;
(a) Payment for all Common Area utilities;.
(b) General taxes and assessments;,
(c) Insurance premiums for insurance covering
(d) Maintenance and repair of the exterior
surfaces of the Building and Common Areas; and
(e) Payment for assessments levied against the
property by -any neighborhood or subdivision Homeowners Assoc-
iation.
5.2 Written notices of such assessments shall be
deposited in the United States mail, postage prepaid, addressed
to.each Owner. such assessments shall be a lien'on the
Owner's interest in the property and the Residence Unit which
the Owner has the exclusive right to use, superior and prior
to all mortgages thereon save and excepting a valid first
mortgage 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 annuin 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 ...ortgagees of.affected
real property interests under this Declaration.
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BOOK E .PAGE c�.�l
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 delin—
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
written notice of such proposed sale or assignment to the
other Owner and the Board of Governors, which said notice,
being a true copy of said offer, shall state the terms and
conditions, purchase price, and the name of the proposed
purchaser or assignee of the proposed sale or assignment.
The said,other Owner shall have a period of thirty (30) days'.
after the giving of such notice to purchase the interest of
conditions and for the
the selling Owner upon the terms and con i Ee
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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BOOK 302 PAC[ '1 0.4
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 WILLIAM J. GAUDINO
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 -
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 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,
evidencing that proper notice was given by the selling Owner,
and that she non -selling Owner did not elect to exercise his
right of first refusal to purchase.
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BOOKM
VII. ENFORCEMENT
7.1 The covenants, conditions and restrictions set
.forth in this Declaration constitute a general scheme for
(i) the maintenance, protection and enhancement of value of
the property and the Residence Units contained therein, and
(ii).the benefit of all Owners. Said covenants, conditions
and restrictions are imposed on the entire property for the
benefit of the present and future Owners thereof. Said coven-.'
ants, conditions and restrictions are and shall 'be covenants
running with the land or equitable servitudes,.as the case may
be.
7.2 The breach of any of the said covenants, conditions
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,
Iconditions or restrictionn r.}iall nit constitute a wai-ter o£
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
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UJUN uO.1lo 1'AGLJUtJ1q
entitled to have judgment for and recover from any defendant I
(other than nominal) in such litigation such attorneys' fees
as the court may adjudge reasonable and proper.
VIII. DAMAGE OR DESTRUCTION Or THE PREMISES
8.1 In the event of damage or destruction due to a"
fire or other disaster, the insurance proceeds, if sufficient
to reconstruct the damaged Building, shall be promptly applied
by the Board of Governors to such reconstruction.-
8.2 If the insurance proceeds are insufficient to
repair and reconstruct the damaged Building, the Board of
Governors will immediately appoint an independent.appraiser to
determine the percent of the Building which has been destroyed.'*
If not more than sixty percent (60%) the Building has been
destroyed, such damage or destruction shall be promptly
repaired and reconstructed by the Board of Governors, using
the proceeds of insurance, and the proceeds of assessments
made against the Owners. The assessment will be a common
expense and assessed equally. The assessment provided for
herein shall be a debt of each Owner and may be enforced and
collected as provided in Article V.
8.3, If the above -mentioned appraiser determines that
more than sixty percent (60%) of the Building has been destroyed,
and if a'majority of the Board of Governors does not reach an
agreement to reconstruct the premises within ninety (90) days
following delivery of such appraiser's report, the property
shall be sold, free and clear of provisions in this Declaration,
and the cost will be divided pro-rata among the parties, and.
the proceeds of the sale and insurance settlements will be
equitably distributed in the following order:
(a) For payment of the.balance of the lien of
any first mortgage;
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' ,'`, , � _• BOOK �tl� PA;,E � cj�,
the remaining portions -of this Declaration shall, nevertheless,
be and remain in full force and effect.,
10.2 Where necessary for proper construction hereof,
the singular number shall include the plural, the plural the
.singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, this -Declaration has been duly
executed by the Declarants this (� day of
1975.*
Declarant•
WILLIAM /J/ GAUDINO
STATE OF COLORADO )
County of Pitkin ) SS:
T�ce foregoing instrument was acknowledged before me :c
this o1bt' day of 1975, by WILLIAM J. ;',•t.'^Si �`",�
GAUD INO .
WITNESS my hand and official seal - .\S�i o �.
My Commission Expires:
'cam
40
Notary Public