HomeMy WebLinkAboutLanduse Case.CO.1025 Cemetery Ln.34A-89
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 4/25/89
DATE COMPLETE: "\1-b\~'l
PARCEL ID AND CASE NO.
2735-013-05-013 34A-89
STAFF MEMBER: L.u \t"e.
PROJECT NAME: CIPRIANO- TAYLOR DUPLEX CONDOMINIUMIZATION
project Address: 1025 CEMETERY LANE ASPEN
Legal Address: LOT 2. BLOCK 1. PITKIN MESA SUBDIVISION
APPLICANT: ELIZABETH A. CIPRIANO
Applicant Address: 1025 CEMETARY LANE
ASPEN
REPRESENTATIVE:
Representative Address/Phone:
MICHAEL TAYLOR
POBOX 2301 ASPEN
(303) 925-0377
PAID: YES NO AMOUNT: $830.00 NO. OF COPIES RECEIVED: 6
TYPE OF APPLICATION:
1 STEP:
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
VESTED RIGHTS:
(
CC Meeting Date \!,vu'v... ~a
PUBLIC HEARING:
YES NO
YES @
YES ~
Paid:
Date:
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
=======--===--================================--=======
REFERRALS :
City Attorney
v/: City Engineer
v Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
ROCky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
DATE REFERRED:
.:) ~q/J"9
.
INITIALS:
,8,J.
---------------------------------------------------------=7F----
FINAL ROUTING~ DATE ROUTED: s/.:>-:;:.7iiiNi~i~L:-:c;~--
~ity Atty /' City Engineer V Zoning Env. Health
~Housing Other:
FILE STATUS AND LOCATION: ~7 ~
c \~\~~\)_--' T"~lDYL_ \) ~hy
1- I '" ~~ 'SlA lo&'t vtS 10...., BOOK 617 PAGf514
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STATEMENT OF EXCEPTION FOR SUBDIVISION
ELIZABETH A, CIPRIANO ("Covenantor") for herself, her
heirs,
executors,
administrators
and
assigns,
in
consideration of the granting of an exception from the full
subdivision process for the purpose of condominiumization of
the hereinafter described property, hereby covenants with the
City of Aspen, Pitkin County, Colorado, to restrict such
property, and hereby does
restrict
such property, as
follows:
1. Covenantor is the owner of the following described
property (the "Property") together with the improvements
consisting of a duplex residence thereon situated in the City
of Aspen, County of Pitkin, State of Colorado:
Lot 2, Block 1
Pitkin Mesa Subdivision,
to be submitted to condominiumization and thereafter to be
known as the Cipriano-Taylor Duplex Condominium, City of
Aspen, Pitkin County, Colorado, as shown on the Condominium
Map therefore recorded in Plat Book
at Page ___, and
subject to the terms, conditions and obligations of the
Condominium Declaration therefor recorded in Book
at Page
___, Aspen, Colorado.
2, The dwelling units in the Cipriano-Taylor Duplex
f;ecord~d at 7~JP( O'clo:tD M 1-/- Y -10
K8ceptlOn No m 1..f~0
SILVIA DAVIS PlTfUN COUNTY HEWiWEFI
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BOOK 617 PAGE515
Condominium, if the same are offered for rental, shall be and
are hereby restricted to six (6) month minimum 'leases with no
more than two~2) shorter tenancies per calendar year, all as
defined in the Aspen Municipal Code, as amended; and,
further, both units shall be restricted to occupancy by
resident employees pursuant to Section 7-100BA.l. (c) of the
City of Aspen Municipal Code, as amended.
3. A 10' x 100' utility easement is granted and shown
on the plat.
~. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become, in
the sole Judgment or discretion of the City Council of the
City of Aspen, necessary or desirable in the area of the
Cipriano-Taylor Duplex Condominium, Covenantor will make no
objection to any special assessment or special tax or
proceeding therefor on the basis that the Property is
adequately served by existing improvements and/or on the
basis that the premises will not be served or benefited by
the improvement or improvements proposed. Covenantor further
agrees to Join, upon the City's demand therefor, any
improvement district formed for construction of such
improvements (including, without limitation, drainage,
underground utilities, paving, curbs, gutters, sidewalks,
street lights, etc.) in the area of the Cipriano-Taylor
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BODIl 617 PAGf516
Duplex Condominium or to reimburse the City or Aspen directly
upon demand thereror ir the City should choose to construct
these improvements without the rormation or such a district,
5. The covenants herein may be changed, modiried or
amended by the recording of a written instrument signed by
the record owners or the Property and the Mayor or the City
of Aspen pursuant to a vote taken by the City Council.
6. The covenants herein contained shall run with the
land and shall be binding upon all parties having any right,
title or interest in the Property or any part thereof, and
their heirs, representatives, successors and assigns, ror the
period or the lire or the longest-lived member of the
presently-constituted Aspen City Council plus twenty-one (21)
years, or for a period or fifty (50) years from the date
these covenants are recorded, whichever is less.
7. None or the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City or Aspen
rerlected by resolution of the City Councilor the City of
Aspen.
8. In any legal proceeding to enforce the provisions or
these covenants, restrictions and conditions, the prevailing
party shall be entitled to recover its costs and rees
. .
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BOOK 617PAGE517
therein, including its reasonable attorneys fees and expert
witness fees.
IN
WITNESS WHEREOF,
this Ji!!:. day of
this Declaration
'-I>Ia.rda._, 1880.
has
been
duly
executed
E~:JdL;{ ~~~
El~abeth A. Cipriano
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
...X/1It day Of~, 1880, by Elizabeth A. Cipriano, as
Covenantor.
Witness my hand and official seal.
My commission expires: ~/~/~'9)-
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ElOOK 517 PAGE545
OCCUPANCY RESTRICTION AND AGREEMENT
THIS OCCUPANCY RESTRIC~ AND AGREE NT ("the Agreement") is
made and entered into this' - day of 1990, by and
between Elizabeth A. Cipriano of the Cou y of pitkin, State of
Colorado (hereinafter referred to as "Owner") and the ASPEN/PITKIN
COUNTY HOUSING AUTHORITY, a duly constituted multijurisdictional
housing authority established pursuant to the AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at page 751 of the
records of the Pitkin County Clerk and Recorders Office
(hereinafter called "Authority").
WHEREAS, the Owner owns real property described as Lot 2,
Block 1, Pitkin Mesa Subdivision, Aspen, Colorado, which real
property is improved by a duplex structure which Owner wishes to
submit to a condominium form of ownership. For purposes of this
agreement, the real property and all the appurtenances,
improvements and fixtures associated therewith shall hereinafter
be referred to as the "Property"; and
WHEREAS, Owner, in consideration of the waiver by the City of
Aspen of the Affordable Housing Impact Fee otherwise due upon
condominiumization of the Property pursuant to City Code Section
7-1007, is willing to impose certain restrictions upon Property
which restrict the occupancy of the Property to residents of Pitkin
County and fall within the Housing Authority Guidelines established
by the Authority;
NOW THEREFORE, in consideration of the waiver by the City of
Aspen of the Affordable Housing Impact Fee otherwise applicable
upon condominiumization of the Property, it is agreed by the
parties hereto as follows:
CJ:)
..;-
1. Occupancy by qualified residents only. The use and
occupancy of the Property and the condominium units thereon shall
be limited exclusively to housing for qualified residents.
Qualified residents are those persons who are members of the
following classes:
La) Elizabeth A. Cipriano, the Owner.
(b~ualified employees, defined as persons who are
~mployed in Pitkin County a minimum of 30 hours per
""'-week 9 months of the year. A self-employed person
.~ctively engaged in business pursuits in Pitkin
~County a minimum of 30 hours 9 months of the year
shall qualify.
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(c~Senior residents, defined as persons 60 years of age
~or more, whose domicile is on the Property.
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BOOK 617 PAGE 54 7
(d) Family members consisting of the spouse, child,
grandchild, parent or sibling of the qualified
residents described in (al, (b) or (c) above. Family
members shall continue to be qualified residents
despite the death, hospitalization or absence of the
person or persons who may have originally qualified
under (a), (b) or (c) above.
2. Verification. Written verification of the qualifications
of persons proposed to occupy the Property (except for guests
pursuant to paragraph l.(d) hereof) shall be completed and filed
with the Housing Authority Office prior to occupancy thereof, and
must be acceptable to the Authority. Any objections by the
Authority to the qualifications of any proposed occupant shall be
set forth in a written notice within three days, served as provided
hereafter. Qualifications may be evidenced by proof of
registration to vote in Pitkin County, proof of employment in
Pitkin County, a Colorado drivers license showing residency in
Pitkin County, proof of employment in Pitkin County, a Colorado
drivers license showing residency in Pitkin County, an affidavit
of intent to reside on the property, or other proof acceptable to
the Authority.
3. Sale to qualified purchaser. In the event that the owner
desires to sell the Property, or a unit thereof, owner shall
provide to the Authority proof that the proposed purchaser is
qualified. A qualified purchaser shall be a qualified resident as
defined in paragraph 1. (b) or 1. (c) above. Upon submission of
proof of qualifications to the Authority, the Authority shall
within five days issue a resolution in recordable form certifying
that the proposed purchaser is qualified, if such be the case.
4. Non-qualified title holders. It is agreed and acknowledged
by the owner and the Authority that the Property or any unit
therein may be sold or transferred by the owner to a qualified
purchaser who, for purposes of obtaining financing, may take title
to the Property in cotenancy, joint tenancy, or other similar co-
ownership with one or more persons who are not qualified purchasers
("non-qualified title holders").
5. Covenants of non-qualified title holders. It is agreed and
acknowledged that any non-qualified title holder who holds title
to the Property or a unit therein will represent, warrant, and
covenant unto the Authority that:
(a) A non-qualified title holder shall not occupy the Property
or acquire sole ownership of the same unless and until qualified
by the recording of a resolution of approval by the Authority:
(b) Every non-qualified title holder shall join in any sale
or transfer of the Property and shall execute any and all documents
2
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BOOK 617 PAGE548
necessary to do so; and
(c) Should a non-qualified title holder become the sole owner
of the Property, the property shall be offered for sale, unless
such non-qualified title holder becomes qualified within six months
of such occurrence.
6 . Sale, if qualified purchaser ceases to occupy. Every
qualified purchaser agrees that, in the event a qualified purchaser
fails to occupy the unit for at least 9 months per year, or ceases
to be a qualified resident as defined in Paragraph 1 (b) (c) or (d) ~~
hereof, the unit of the Property owned by such person will be 1''' oJ
offered for sale subject to the provisions of this agreement. .X O~~
qualified purchaser shall be deemed to have changed his or her ofi'vOo
domicile by becoming a permanent resident or accepting permanent ~~
employment outside of Pitkin County.
. Ownership of other residential property. The Owner and~
every qualified purchaser agrees that, in the event such Owner or ~,
qualified purchaser acquires other residential property ,in Pitkin '
County for his or her personal use, the interest owned by such '.j::At1
person in the property will be offered for sale subject to the .J
provisions of this agreement.
8. Payment to cancel restriction. Should the owner of the
Property or a qualified purchaser of a unit thereof subject to this
deed restriction wish to convert a unit back to a free market unit,
the Owner or qualified purchaser may request that the City Council
accept the then current applicable Affordable Housing Impact Fee
in place of this permanent restriction, pursuant to the provisions
of Ordinance No. 6 (Series of 1989) amending Section 7-
1008(A) (1) (c) (2) of the Aspen Land Use Regulations. Upon the
tendering of the then current applicable Affordable Housing Impact
Fee to the City of Aspen, the Authority shall execute a release of
this Occupancy Restriction and Agreement, in recordable form, and
deliver the same to the then owner of such unit.
9 . Option to substitute lien for this restriction and
agreement. City Council of the City of Aspen is now considering the
adoption of Ordinance No.1 (Series of 1990) which would permit the
deferral of payment of Affordable Housing Impact Fees for property
occupied by resident employees. Such ordinance may include a
provision requiring the recording of a lien against such property
to secure the later payment of the impact fees upon sale of the
property. In the event such ordinance is adopted and its terms,
as adopted, would have been applicable to the condominiumization
of the Property if such condominiumization had occurred after such
adoption, Owner and any qualified purchaser of a unit of the
Property shall have the option to substitute a recorded lien to
secure the payment of any Affordable Housing Impact Fee otherwise
required as a condition of conversion back to free market status
under paragraph 8 of this Agreement, in place of this Occupancy
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BOOK 617 PAGE549
Restriction and Agreement.
10. Six month minimum lease restriction. The Owner or any
qualified purchaser may rent the Property or a unit thereof, but
any such lease shall be for not less than a six month term, except
that not more than two shorter tenancies per year shall be
permitted.
BREACHES
11. Inspection. In the event that the Authority has reasonable
cause to believe the Owner or a qualified purchaser is violating
the provisions of this Agreement, the Authority, by its authorized
representative, may inspect the Property between the hours of 8:00
A.M. and 5 P.M., Monday through Friday, after providing no less
than 24 hours prior written notice.
12. Notice of Violation and hearing. The Authority, in the
event a violation is discovered, shall send a notice of violation
to the Owner detailing the nature of the violation and allowing the
Owner fifteen (15) days to cure. Said notice shall state that the
Owner may request a hearing within fifteen (15) days to determine
the merit of the allegation. Any such hearing shall be held by the
Board of the Housing Authority within thirty (30) days after
receipt of such request. The decision of the Board may be appealed
to District Court of Pitkin County in accordance with the
provisions of the Colorado Rules of Civil Procedure applicable to
actions to review decisions of a governmental body exercising
judicial or quasi-judicial functions.
REMEDIES
13. Remedies and attorneys fees. The parties shall have all
remedies provided by law for breach of this Agreement or any of its
terms. In the event any party resorts to litigation with respect
to any or all provisions of this Agreement, the prevailing party
shall be entitled to recover as damages its costs including
reasonable attorneys' fees.
14. Unauthorized transfer void. In the event the Property is
sold and conveyed without the Owner having first obtained the
resolution described in paragraph 3 hereof, such sale shall be null
and void and shall convey no .title to the purported purchaser.
Each and every conveyance of the property, for all purposes, shall
be deemed to include and incorporate by this reference, the
covenants of this Agreement.
15. Injunction or sale by court order. In the event that the
Owner fails to cure any breach, the Authority may resort to legal
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BOOK 617 PAGE550
action, including, but not limited to an injunction or a court
ordered sale of the Property. The costs of such sale shall be
taxed against the proceeds of the sale with the balance being paid
to the Owner.
GENERAL PROVISIONS
16. Binding Effect. The provisions of this Agreement shall be
covenants running with the real property and shall be binding upon
the Owner, any qualified purchaser, and the Authority, their
successors and assigns and shall be enforceable by any of them.
17. Notices. Any notice which is required to be given
hereunder shall be given by mailing the same, certified mail,
return receipt requested, to any address provided herein or given
by a similar notice as the current mailing address of the party.
Notices, consents, and approvals shall be sent to the parties
hereto at the following addresses unless changed in writing:
To Authority:
Aspen/Pit~in County Housing Authority
39551 Highway 82
Aspen, Colorado 81611
To Owner or her successors in interest in Unit A:
Elizabeth A. Cipriano
1025 Cemetery Lane
Aspen, Colorado 81611
To Every Qualified Purchaser of Unit B: 1027 Cemetery Lane, Aspen,
Colorado 81611
18. Severability. Whenever possible, each provision of this
agreement and any other related documents shall be interpreted in
such manner as to be valid under applicable law~ but, if any
provision of any of the foregoing shall be invalid or prohibited
by applicable law, such provisions shall be ineffective to the
extent of such invalidity or prohibition without invalidating the
remaining provisions of this Agreement.
19. Choice of Law. This agreement and each and every related
document is to be governed and construed in accordance with the
laws of the State of Colorado.
20. Section headings. The headings of the sections of this
agreement are inserted solely for the convenience of reference, and
are not intended to govern, limit or aid in the construction of any
term of provision hereof.
21. Waiver. No claim of waiver, consent or acquiescence with
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BOOK 617 PAGE551
respect to any provision of this Agreement shall be made against
any party hereto except on the basis of a written instrument
executed by the parties to this Agreement. However, the party for
whose benefit a condition is herein inserted shall have the
unilateral right to waive such condition.
22. Gender and Number. Whenever the context so requires
herein, the neuter gender shall include masculine and feminine and
the singular number shall include the plural.
23. Further actions. The parties to this agreement agree to
execute such further documents and take such further actions as may
be reasonably required to carry out the provisions and intent of
this agreement or any document relating hereto or entered into in
connection herewith.
24. Modifications. The parties to this agreement agree that
modifications to this agreement shall be made only by writings
signed by both parties and recorded with the Clerk and Recorder of
Pitkin County, Colorado.
25. Covenants to run with the land. This agreement shall
constitute covenants running with the Property as a burden thereon
for the benefit of, and shall be specifically enforceable by, the
Authority, the City of Aspen, and their respective successors, by
any appropriate legal action for a period of thirty (30) years from
the date of recording hereof in the Pitkin County real property
records.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year above first written.
OWNER:
AUTHORITY:
Housing Authority of the City of
Aspen and Pitkin C
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E . zabeth
.
iano
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BOOK 617 PAGE552
STATE OF COLORADO)
COUNTY OF PITKIN)
~ Alt.,.' '. Th. e, forego.J,ng iJ].strument was acknowledged before me this
~,day.of ~r~ 1990, by Elizabeth A. Cipriano.
~i~~~~':handa~d official seal.
l~et~., _"eO' tJl-tr-~_ ~-.j ~
\:" P IJ B\-\":c ,: Notary Public 1'&p.J,/~/..b
~~S~E OF (qOLORADO) cP,I~/.J-
" '. or C "
COUNTY OJ!'PITKIN) " , ~
The ~91rego~ng instrume n t was aCk~Wledged before me thj.E} ~ .
i Y of ~~t! 1990, by ~qN/Il1(; 1?ltJc-Y?' -r as ,galoMisSJ611 S
of ASPEN\PITKIN COUNTY HO SING AUTHORITY.
Witn ss m hand and official seal.
My Commission expires: 0/-/1.. ~~
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CONDOMINIUM DECLARATION
N
CIPRIANO-TAYLOR DUPLEX
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CONDOMINIUM .....
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KNOW ALL MEN BY THESE PRESENTS:
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WHEREAS, ELIZABETH A. CIPRIANO (hereinafter called the
"Declarant") is the Owner of the following described real property
situate in the City of Aspen, County of Pitkin, State of Colorado:
Lot 2, Block 1, Pitkin Mesa Subdivision,
according to and as more particularly
described on the recorded plats thereof; City
of Aspen, County of Pitkin, State of Colorado.
WHEREAS, Declarant desires to establish a condominium project
under the Condominium Ownership Act of the State of Colorado; and
WHEREAS, there exists a building and other improvements
appurtenant thereto on the above-described property which shall
consist of two separately designated residential condominium
apartment Units; " and
WHEREAS, Declarant does hereby establish a plan for the
ownership in f~e simple of real property estates consisting of
ownership of a separate Land Parcel together with the area or space
contained in each of the air space or Condominium Units in the
building improvement, and the co-ownership by the indi~idual and
separate Owners thereof, as tenants in conunon, of all of the
remaining real property hereinafter defined and referred to as the
Conunon Elements;
NOW THEREFORE, Declarant does hereby publish and declare that
the
following
terms,
covenants,
conditions,
easements,
restrictions, uses, limitations and obligations shall be deemed to
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617 PAGE519
BOOK
run with the land, shall be a burden and a benefit to Declarant,
Declarant's heirs, personal representatives, successors and assigns
and any persons acquiring or owning an interest in the real
property and improvements, their grantees, successors, heirs,
executors, administrators, devisees or assigns.
1. DEFINITIONS. Unless the context shall expressly provide
otherwise, the following definitions shall apply:
(al "Apartment" or "Unit" means an individual air space
which is contained within the unfinished interior surfaces of the
perimeter walls, floors, ceilings, windows and doors of the
Dwelling Units in the building as shown on the Map and any amended
Map to be filed for record, together with all fixtures and
improvements therein contained but not including any of the
structural components of the building, if any, within a Unit.
(bl "Condominium Unit" means an apartment together with
the undivided interest in the General and Limited Common Elements
appurtenant to such apartment.
(cl "Owner" means a person, firm, corporation,
partnership, association or other legal entity, or any combination
thereof, owning one or more Condominium Units; 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.
(dl "Mortgage" means any mortgage, deed of trust, or
other security instrument by which a Condominium Unit or any part
thereof is encumbered.
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Boo~617 PAGE520
(e) "Mortgagee" means any person named as the Mortgagee
or beneficiary under any mortgage which encumbers the interest of
any Owner.
(f) "Common Elements" means:
(1) The real property other than the Land Parcels
described in the map document upon which the building is located.
(2) The foundation, columns, girders, beams,
supports, main walls, roofs, crawlspaces, exterior building
surfaces and any "party wall" as shown on the Map.
(3) The installations consisting of the equipment
and materials making up the central services such as tanks, pumps,
motors, fans, compressors, ducts, power, sewer, light, gas, hot and
cold water, heating, ventilating and air conditioning and, in
general, all apparatus and installations existing for common use;
(4) Such partly or entirely enclosed air spaces as
are provided for community or common use;
(5) All other parts of the property necessary or
convenient to its existence, maintenance and safety or normally in
common use.
(g) "General Common Elements" means those parts of the
Common Elements which are not designated as "Limited Common
Elements" .
(h) "Limited Common Elements" means those parts of the
Common Elements reserved for the exclusive use of the Owners of
less than all of the Condominium Units in the building. The
surface and airspace above the portions of the ground designated
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617 PAGE521
"Exclusive Use Area" for the respective Units are Limited Common
Elements.
(i)
"Entire Premises" ,
"Premises ",
"Project" or
"Property" means and includes the land, the building, all
improvements and structures thereon, and all rights, easements and
appurtenances belonging thereto.
(j) "Common Expenses" means and includes:
(1) All sums lawfully assessed against the General
Common Elements;
(2) Expenses of administration and management,
maintenance, repair or replacement of the General Common Elements;
(3) Expenses declared common expenseS by the Unit
Owners.
(k) "Map" means the Condominium Map referred to in
Paragraph 2 below.
(1) "Building" means the building improvement comprising
a part of the property.
(m) The title "Managing Agent" shall refer to the
person, firm, or entity which mayor shall be selected and
appointed by the Owners of the Condominium Units in accordance with
the provisions of Section 14 of this Declaration.
(n) "Land Parcels" means the separate divided parcels
of real property which are described on the Map, which are owned
by each Owner separately and are not part of the Common Elements.
2. CONDOMINIUM MAP. Declarant shall cause to be filed for
record a Map. The Map shall depict and show at least the
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BOOK 617 PAGE522
following: The legal description of the land and a survey thereof;
the building and the location of the Units within the building; the
perimeter boundary of each Unit; the Unit numbers or other
designation; and legal descriptions of the Land Parcels. TheMap
shall contain the certificate of a registered Colorado land
surveyor certifying that the Map substantially depicts the layout,
measurements and location of the Building, the Units, the Unit
designation, the dimensions of such Units and that the Map was
prepared subsequent to substantial completion of the improvements
depicted.
In interpreting the Condominium Map the existing physical
boundaries of each Unit as constructed shall be conclusively
presumed to be its boundaries. Declarant reserves the right to
amend the Map from time to time, to conform the same to the actual
physical location of the constructed improvements and to any
changes, modifications, or alterations.
3. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS. The real
property is hereby divided into two (2) separate fee simple
estates, each such estate consisting of the separately designated
Units, the Land Parcel appurtenant thereto, and the undivided
interest in and to the General Common Elements appurtenant to each
Unit as is set forth on the attached Exhibit A, which by this
reference is made a part hereof. Each Unit shall be identified on
the Map by symbol as shown on Exhibit A.
4. LIMITED COMMON ELEMENTS. A portion of the General Common
Elements is set aside and reserved for the exclusive use of the
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617 PAliE523
Owners of each Unit respectively, such areas being the Limited
Common Elements.
The Limited Common Elements reserved for the exclusive
use of the individual Owners shall be identified on the Map, and
shall, without further reference, be the Limited Common Elements
associated and used with the Apartment Unit to which each such
element is assigned on the Map. All Limited Common Elements shall
be used in connection with the particular Apartment Unit to which
it is assigned on the Map, to the exclusion of the use thereof by
the Owner(s) of other Unit except by invitation. All of the Owners
of Condominium Units in this condominium project shall have a non-
exclusive right in common with all of the other Owners to use of
sidewalks, pathways, roads and streets located within the entire
condominium project, if any. No reference thereto, whether such
Limited Common Elements are exclusive or non-exclusive, need be
made in any deed, instrument of conveyance, or other instrument,
and reference is made to the provision of Paragraph 6 of this
Declaration.
5. INSEPARABILITY OF A UNIT. Each Unit, the Land Parcel
appurtenant thereto, and the undivided interest in the General
Common Elements and the Limited Common Elements, if any,
appurtenant thereto shall be inseparable and non-partitionable and
may be conveyed, leased, encumbered, devised or inherited only as
a Condominium Unit.
6. METHOD OF DESCRIPTION. Every contract for the sale of a
Condominium Unit and every other instrument affecting title to a
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BOOK 617 PAGE524
Condominium Unit may describe the Condominium Unit by the unit
number shown on the Condominium Map appearing in the records of the
County Clerk and Recorder of Pitkin County, Colorado, in the
following fashion:
Condominium Unit ____, Cipriano-Taylor Duplex
Condominium, according to the Condominium Map
thereof recorded
in Plat Book _ at Page _, and as defined
and described in the Condominium Declaration
recorded , in Book _
at Page , County of Pitkin, State of
Colorado.
Such description will be construed to describe the Unit, together
with the appurtenant Land Parcel and the undivided interest in the
Common Elements, and to incorporate all the rights incident to
ownership of a Condominium Unit and all the limitations on such
ownership as described in this Declaration.
7. SEPARATE ASSESSMENT AND TAXATION-NOTICE TO ASSESSOR.
Declarant shall give written notice to the Assessor of Pitkin
County, Colorado, of the creation of condominium ownership of this
property, as is provided by law, so that each Unit and the interest
appurtenant thereto shall be deemed a separate parcel and subject
to separate assessments and taxation.
In the event that for a
period of time any taxes or assessments are not separately assessed
to each Unit OWner, but are assessed on the property as a whole,
then such Unit OWner shall pay his proportionate share thereof in
accordance with his percentage ownership of the General COlllIl\on
Elements.
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BOOK 617 PAGE525
8. TITLE. A Condominium Unit may be held and owned by more
than one (1) person as joint tenants, as tenants in common, by any
legal entity, or in any real property tenancy relationship
recognized under the laws of Colorado.
9 . NONPARTITIONABILITY OF GENERAL COMMON ELEMENTS. The
General Common Elements shall be owned in common by all of the
Owners of the Apartment Units and shall remain undivided, and no
Owner shall bring any action for partition or division of the
General Common Elements. No Land Parcel shall be conveyed
separately from an Owner's interest in the Unit and the General
Common Elements. Nothing contained herein shall be construed as
a limitation of the right of equitable partition of a Condominium
Unit between the Owners there, but such partition shall not affect
any other Condominium Unit.
10. USE OF UNITS: GENERAL AND LIMITED COMMON ELEMENTS. Each
Owner shall be entitled to exclusive ownership and possession of
his Unit. Each Owner may use the General and Limited Common
Elements in accordance with the purpose for which it is intended,
without hindering or encroaching upon the lawful right of the other
Unit Owner(s).
11. USE AND OCCUPANCY. Each Unit shall be used and occupied
solely for residential purposes, and for such other uses as may be
permitted by applicable zoning laws. Subject to applicable
governmental land use regulations, lease or rental of a Unit for
lodging or residential purposes shall not be considered to be
violation of this covenant.
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12 . EASEMENTS FOR ENCROACHMENTS. If any portion of the
General Common Elements now or hereafter encroaches upon the other
Unit or upon the other Land Parcel, a valid easement for the
encroachment and for the maintenance of same, so long as it stands,
shall and does exist. If any portion of a Unit now or hereafter
encroaches upon the General Common Elements, or upon the adjoining
Unit, or upon the other Land Parcel, a valid easement for the
encroachment and for the maintenance of same, so long as it stands,
shall and does exist. For title or other purposes, such
encroachment and easements shall not be considered or determined
to be encumbrances either on the General Common Elements, the Units
or the other Land Parcel. The foregoing shall apply, as well, in
the event of the partial or total destruction of the building,
either of the Units or other improvements comprising all or a part
of the General Common Elements and the subsequent rebuilding or
reconstruction thereof.
13. TERMINATION OF MECHANIC'S LIEN RIGHTS AND
INDEMNIFICATION. No labor performed or materials furnished and
incorporated in a Unit with the consent or at the request of the
OWner thereof or his agent or his contractor or subcontractor shall
be the basis for filing a lien against the Apartment of any other
OWner not expressly consenting to or requesting the same, or
against the General Common Elements owned by such other OWners.
Each OWner shall indemnify and hold harmless each of the other
OWners from and against all liability arising from the claim of any
lien against the Apartment of any other OWner or against the
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BOOK 617 PAGE527
General Common Elements for construction performed or for labor,
materials, services, or other products incorporated in or otherwise
attributable to the OWner's Unit at such OWner's request.
Notwithstanding the foregoing, the OWner of any Condominium Unit
who acquired title thereto by deed in lieu of foreclosure shall not
be under any obligation to indemnify and hold harmless any other
OWner against liability for claims arising prior to the date such
mortgagee becomes an OWner.
14. ADMINISTRATION AND MANAGEMENT. Each OWner shall manage
his own unit and share management of the General Common Elements
equally with the other OWner, unless the OWners of both Units agree
in writing upon the appointment of a Managing Agent to administer
both Units and the Common Elements.
15. RESERVATION FOR ACCESS-MAINTENANCE. REPAIR AND
EMERGENCIES. The OWners shall have the irrevocable right to have
access to each Unit or the Limited Common Elements appurtenant
thereto from time to time during reasonable hours as may be
necessary for the inspection, maintenance, repair or replacement
of any of the General Common Elements thereon or accessible
therefrom or for making emergency repairs therein necessary to
prevent damage to the General or Limited Common Elements or to
another Unit.
Damage to the interior of any part of a Unit resulting
from maintenance, repair, emergency repair or replacement of any
of the General Common Elements or as a result of emergency repairs
within another Unit of an OWner at the instance of another OWner
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BOOK 617 PAGE 528
shall be a Common Expense of all of the OWner; provided, however,
that if such damage is the result of the negligence of a Unit
OWner, then such Unit OWner shall be responsible for all of such
damage.
16. OWNER'S MAINTENANCE RESPONSIBILITY. For purposes of
maintenance, repair, alteration and remodeling, an OWner shall be
deemed to own and shall be solely responsible for the interior
surfaces of such OWner's unit, the Limited Common Elements assigned
thereto, and windows, doors, interior nonsupporting walls, the
materials (such as but not limited to plaster, gypsum dry walls,
paneling, wallpaper, brick, stone, paint, wall and floor tile, and
flooring, but not including the subflooring) making up the finished
surfaces of the perimeter walls, ceilings and floors within the
Unit and the Unit doors and windows; provided, however, that in
exercising such responsibility or any right granted under this
paragraph no repair, alteration, remodeling or maintenance thereof
shall modify the appearance or color scheme of the exterior
improvements as they may exist from time to time by agreement of
all of the OWners, without the written consent of all of the
OWners. The OWner shall not be deemed to own any utilities running
through his Unit which serve more than one Unit except as a tenant
in common with the other OWners. Such right to repair, alter and
remodel shall carry the obligation to replace any finishing
materials removed with similar or other types or kinds of finishing
materials of equal or better quality, and to maintain the exclusive
use area in neat and clean condition.
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617 PAGE 529
An owner shall maintain and keep the areas for which he
is responsible as provided above in this Paragraph 16 of his own
Unit and the Limited Common Elements appurtenant thereto in good
taste and repair, including the fixtures thereof. All fixtures and
equipment installed within the unit commencing at a point where the
utility lines, pipes, wires, conduits or systems (which for brevity
are hereafter referred to as "utilities") depart an area of common
usage shall be maintained and kept in repair by the OWner of the
Unit for whose benefit the utilities depart an area of common
usage.
17. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each Unit
OWner shall comply strictly with the provisions of this Declaration
and as the same may be lawfully amended from time to time. Failure
to so comply shall be grounds for an action to recover sums due and
for damages or injunctive relief or both, maintainable by the
Managing Agent, by an aggrieved OWner, or assessable as through
Common Expenses; in the event of any such action, the prevailing
party shall be entitle to reasonable attorneys' fees.
18. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration
shall not revoked nor shall any of the provisions herein be amended
unless the OWners of both Units, and all of the holders of any
recorded first mortgage or deed of trust covering or affecting any
or all Condominium Units consent and agree to such revocation or
amendment by instrument(s) which shall be duly recorded.
19 . ASSESSMENT FOR COMMON EXPENSES. All OWners shall be
obligated to pay the assessments imposed by the Declaration by the
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BOOK 617 PAGE530
Owners or Managing Agent to meet the Common Expenses which shall
be necessary to keep the Project in good and attractive condition.
The assessments shall be made pro rata according to each Owner's
fractional interest in and to the General Common Elements.
Assessments for the estimated Common Expenses, including insurance
shall be due monthly in advance on the first day of each month.
The Managing Agent or other Owner incurring the cost shall prepare
and deliver or mail to each Owner an itemized monthly statement
showing the various estimated or actual expenses for which the
assessments are made. Contribution for monthly assessments shall
be prorated if the ownership of a Condominium Unit commences on a
day other than the first day of a month.
In addition to the general obligation to contribute to
assessments, there shall be created a reserve fund for maintenance,
repairs and other expenses authorized by this section, to which
each Owner shall contribute the sum of ten dollars ($10.00) per
month, to be collected at the time other assessments are due and
payable.
Assessments for the reasonable actual common expenses may
be made, by the Managing Agent, or Owner incurring the same, among
other things, for the following: expenses of management; taxes and
special assessments, until separately assessed; fire insurance with
extended coverage and vandalism and malicious mischief insurance
with endorsements attached issued in the amount of the maximum
replacement value of all of the Condominium Units; casualty and
public liability and other insurance premiums; landscaping and care
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BOOK 617 PAGE531
of grounds which are General ,Common Elements; common lighting and
heating; repairs and renovations; garbage collections; wages, water
and trash removal charges; legal and accounting fees; expenses and
liabilities incurred by the Managing Agent or other Owner under or
by reason of this Declaration, the payment of any deficit remaining
from a previous period; the creation of a reasonable contingency
or other reserve or surplus fund as well as other costs and
expenses relating to the General Common Elements. The omission or
failure of the Owners or Managing Agent to fix the assessment for
any month shall not be deeded a waiver, modification or a release
of the Owners from their obligation to pay. No improvements shall
be made to the Common Elements without the prior written consent
of both of the Owners.
In all cases, excepting a bona fide emergency, no Owner
shall incur a common expense in excess of $1,000.00 for which an
assessment of the other Unit or Owner is to be made, without first
giving the other Owner fifteen (15) days' written notice of the
proposed expenditure.
20. INSURANCE. The Managing Agent or Owners shall obtain and
maintain at all times insurance of the type and kind provided
hereinabove, and including for such other risks of a similar or
dissimilar nature, as are or shall hereafter customarily be covered
with respect to other Apartment or Condominium Buildings, fixtures,
equipment and personal property similar in construction, design and
use, issued by responsible insurance companies authorized to do
business in the State of Colorado. The insurance shall be carried
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BOO~ 617 PAGE532
in blanket policy form naming the Owners as the insureds, which
policy or policies shall identify the interest of each Condominium
Unit Owner (Owner's name, unit number, the appurtenant undivided
interest in the General Common Elements), and which shall provide
for a standard, noncontributory Mortgagee clause in favor of each
first Mortgagee, and shall, if possible, further provide that it
cannot be cancelled by either the insured or the insurance company
until after ten (10) days' prior written notice to each first
Mortgagee. The Managing Agent or Owners, upon request of any first
Mortgagee, shall furnish a certified copy of such blanket policy
and the separate certificate identifying the interest of the
mortgagor.
All policies of insurance shall, if possible, provide
that the insurance thereunder shall be invalidated or suspended
only with respect to the interest of any particular Owner guilty
of a breach of warranty, act, omission, negligence or noncompliance
with any provision of such policy, including interest, or who
permits or fails to prevent the happening of any event, whether
occurring before or after a loss, which under the provisions of
such policy would otherwise invalidate or suspend the entire
policy, but the insurance under any such policy, as to the
interests of all other insured Owners not guilty of any such act
or omission, shall not be invalidated or suspended and shall remain
in full force and effect.
Unless the Owners otherwise agree,
determination of maximum replacement value of all Condominium Units
for insurance purposes shall be made annually by one or more
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BOOK 617 PAGE533
written insurance appraisals, copies of which shall be furnished
forthwith to each Mortgagee of a Condominium Unit. In addition,
each Owner shall be notified of such appraisals.
Insurance coverage of the furnishings, additions and
improvements incorporated into a Unit and all items of personal
property belonging to an Owner and casualty and public liability
insurance coverage within each individual Unit shall be the
responsibility of the Owner thereof.
21. OWNERS' PERSONAL OBLIGATION FOR PAYMENT OF ASSESSMENTS.
The amount of the Common Expenses assessed against or incurred on
account of each Condominium Unit shall be the personal and
individual debt of the Owner thereof.
Suit to recover a money
judgment for unpaid common expenses shall be maintainable by the
Managing Agent, or any aggrieved Owner without foreclosure or
waiving the lien securing same. NO Owner may exempt himself from
liability for his contribution towards the Common Expenses by
waiver of the use or enjoyment of any of the Common Elements or by
abandonment of his Unit.
22. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums due but
unpaid for the share of Common Expenses chargeable to any
Condominium Unit, including interest thereon at eighteen percent
(18%) per annum, from a date thirty (30) days after said sums have
been assessed, shall constitute a lien on such Unit superior
(prior) to all other liens and encumbrances except:
(a) Tax and special assessment liens on the Unit in
favor of any governmental assessing entity; and
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BOOK
617 PAGE534
(b) All sums unpaid on a first mortgage or first deed
of trust of record, including all unpaid obligatory sums as may be
provided by such encumbrance, including additional advances,
refinance or extension of these obligations made thereon prior to
the arising of such a lien.
To evidence such lien the aggrieved Owner or Managing
Agent may, but shall not be required to, prepare a written notice
setting forth the amount of such unpaid indebtedness, the name of
the defaulting Owner of the Condominium Unit and a description of
the Condominium Unit. Such a notice shall be signed by the
aggrieved Owner or the Managing Agent, as appropriate, and may be
recorded in the Office of the Clerk and Recorder of the County of
Pitkin, State of Colorado. Such lien for the COlllIllon Expenses shall
attach from the date of the failure of payment of the debt, and may
be enforced by foreclosure on the defaulting Owner's Condominium
Unit by the aggrieved Owner or the Managing Agent in like manner
as a mortgage or deed of trust on real property upon recording of
a notice or claim thereof. In any such foreclosure the defaulting
Owner shall be required to pay the costs and expenses of such
proceedings, the cost and expenses for filing the notice or claim
of lien and all reasonable attorneys' fees incurred in enforcement
of the lien claim. The defaulting Owner shall also be required to
pay to the foreclosing party a reasonable rental for the
Condominium Unit during the period of foreclosure, and the
foreclosing party shall be entitled to a receiver to collect the
same. The foreclosing party shall have the power to bid in the
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BOOK 611 'l'AGE535
Condominium Unit .at foreclosure sale and to acquire and hold,
lease, mortgage and convey same.
The amount of the Common Expenses chargeable against each
Condominium Unit and the costs and expenses, including attorneys'
fees, of collecting the same shall also be a debt of the Owner
thereof at the time the same is due. Suit to recover a money
judgment for unpaid Common Expenses shall be maintainable without
foreclosing or waiving the lien securing same.
Any mortgagee holding a lien on a Condominium Unit may
pay any unpaid Common Expense payable with respect to such Unit,
and upon such payment such mortgagee shall have a lien on such Unit
for the /amounts paid of the same priority as the lien of his
encumbrance.
23. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF CONDOMINIUM
UNIT. Upon payment of a reasonable fee not to exceed ten dollars
($10.00) and upon the written request of any Owner or of any
Mortgagee or prospective Mortgagee of a Condominium Unit, the
Managing Agent or the Owner of the other Unit shall issue a written
statement of facts known to him, expressly or constructively
setting forth the amount of the unpaid Common Expenses, if any,
with respect to the subject Unit, the amount of the current monthly
assessment and the date such assessment becomes due, credit for
advance payments or from prepaid items, including but not limited
to insurance premiums, which shall be conclusive upon the issuer
of such statement in favor of all persons who rely thereon in good
faith. Unless such request for a statement of indebtedness is
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BOOK 617 PAGE536
furnished within fifteen (15) days, all unpaid Connnon Expenses
which become due prior to the date of making such request shall be
subordinate to the lien of the mortgagee requesting such statement.
The grantee of a Unit shall be jointly and severally
liable with the grantor for all unpaid assessments against the
latter for his proportionate share of the Connnon Expenses up to the
time of the grant or conveyance, without prejudice to the grantee's
right to recover from the grantor the amounts paid by the grantee
therefor~ provided, however, that upon payment of a reasonable fee
not to exceed ten dollars ($10.00), and upon written request, any
prospective grantee shall be entitled to a statement from the
Managing Agent or Owner of the other Unit of facts known to him,
expressly or constructively, setting forth the amount of the unpaid
assessments, if any, with respect to the subject Unit, the amount
of the current monthly assessment and the date that such assessment
becomes due, credit for advanced payments or for prepaid items,
including but not limited to insurance premiums, which shall be
conclusive upon the issuer of such statements. Unless such request
for a statement of indebtedness shall be complied with within
fifteen (15) days of such request, then such grantee shall not be
liable for, nor shall the Unit conveyed be subject to a lien for,
any unpaid assessments against the subject Unit.
24.
MORTGAGING A CONDOMINIUM UNIT - PRIORITY.
Any Owner
shall have the right from time to time to mortgage or encumber his
interest by deed of trust, mortgage or other security instrument.
A first mortgage shall be one which has first and paramount
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8aOK 617 PAGf537
priority under applicable law. The OWner of a Condominium Unit may
create junior mortgages on the following conditions: (1) any such
junior mortgages shall always be subordinate to all of the terms,
conditions, covenants, restrictions, uses, limitations,
obligations, lien for common expenses, and other obligations
created by this Declaration; (2) the Mortgagee under any junior
mortgage shall release, for the purpose of restoration of any
improvements upon the mortgaged premises, all of his right, title
and interest in and to the proceeds under all insurance policies
upon said premises which insurance policies were effected and
placed upon the mortgaged premises by a Managing Agent or other
OWner. Such release shall be furnished forthwith by a junior
mortgagee upon written request of the Managing Agent or the OWner
or either of them.
25. PARKING SPACES. parking areas other than the garages and
the two off-street parking spaces shown on the Map as Limited
Common Elements shall be under the joint control of the OWners of
the Apartments.
26. ATTORNEY-IN-FACT IN CASE OF DESTRUCTION. OBSOLESCENCE.
OR CONDEMNATION. This Declaration hereby makes mandatory the
irrevocable appointment of an Attorney-in-Fact to deal with
Condominium Units upon their destruction, obsolescence, or
condemnation. Title to both of such Condominium Units is declared
and expressly made subject to the terms and conditions hereof, and
acceptance by any grantee of a deed from the Declarant(s) or from
any OWner shall constitute appointment of the Attorney-in-Fact
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BOOK 617 PAGE538
herein provided. The OWners irrevocably constitute and appoint the
Managing Agent, from time to time appointed pursuant to this
Declaration, their true and lawful attorney in their name, place
and stead for the purpose of dealing with the property upon its
destruction, obsolescence, or condemnation as is hereafter
provided. Said Attorney-in-Fact shall have full and complete
authorization, right and power to make, execute and deliver any
contract, deed or any other instrument with respect to the interest
of a Condominium Unit OWner which are necessary or appropriate to
the exercise of the powers herein granted. Repair and
reconstruction of the improvements as used in the succeeding
subparagraphs means restoring the improvements to substantially the
same condition in which they existed prior to the damage, with each
Unit and the Limited Common Elements appurtenant thereto having the
same vertical and horizontal boundaries as before. The proceeds
of any insurance collected or condemnation award shall be available
to the Attorney-in-Fact for the purpose of repair, restoration,
replacement or disbursement in accordance with the provisions set
forth hereinafter.
27. DESTRUCTION.
(a) In the event of damage or destruction due to fire
or other disaster, the insurance proceeds, if sufficient to
reconstruct the improvements, shall be applied by the Attorney-in-
Fact to such reconstruction, and the improvements shall be promptly
repaired and reconstructed. The Attorney-in-Fact shall have full
authority, right and power, as Attorney-in-Fact, to cause the
21
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repair and restoration of the improvements.
(b) If the insurance proceeds are insufficient to repair
800K 617 PAGE539
and reconstruct the improvements, such damage or destruction shall
be promptly repaired and reconstructed by the Attorney-in-Fact,
using the proceeds of insurance and the proceeds of an assessment
to be made against the OWners and their Condominium Units. Such
deficiency assessment shall be a Common Expense and made pro rata
according to each OWner's financial interest in the Common
Elements, and shall be due and payable within thirty (30) days
after written notice thereof. ~he Attorney-in-Fact shall have the
authority to cause the repair or restoration of the improvements
using all of the insurance proceeds
for such purpose
notwithstanding the failure of an OWner to pay the assessment. The
assessment provided for herein shall be a debt of each owner and
lien on his Condominium Unit may be enforced and collected as is
provided in Paragraphs 19 through 22.
In addition thereto, the
Attorney-in-Fact shall have the absolute right and power to sell
the Condominium Unit of any OWner refusing or failing to pay such
deficiency assessment within the time provided, and, if not so
paid, the Attorney-in-Fact shall cause to be recorded a notice that
the Condominium Unit of the delinquent OWner shall be sold by the
Attorney-in-Fact.
The proceeds derived from the sale of such
Condominium shall be used and disbursed by the Attorney-in-Fact,
in the following order:
(i) For payment of the balance of the
lien of any first mortgage;
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BOOK 617 f'AGE540
(ii) For payment of taxes and special
assessment liens in favor of any
assessing entity;
(iii) For payment of unpaid Common
Expenses;
(iv) For payment of junior liens and
encumbrances in the order of and
to the extent of their priority, and
(v) The balance remaining, if any,
shall be paid to the Condominium
Unit OWner.
(c) Notwithstanding the foregoing, if all of the OWners
and all of the first mortgagees shall agree in writing not to
rebuild and restore the improvements, then the Attorney-in-Fact
shall sell the Project and the sale proceeds, together with the
insurance proceeds, shall be apportioned between the OWners of the
Condominium Units on the basis of each OWner's fractional interest
in the Common Elements and such apportioned amounts shall be paid
into separate accounts representing each such Condominium Unit.
Each such account shall be in the name of the Attorney-in-Fact and
shall be identified by the appropriate Condominium Unit letter and
the name of the OWner.
The Attorney-in-Fact shall apply each
separate account, without contribution from one account to the
other, for the same purposes and in the same order of priority as
provided for in subparaqraphs (1) through (5) of subparagraph (b)
of this Paragraph 27.
28. OBSOLESCENCE. All of the OWners and all of the first
mortgagees may agree that the Project has become obsolete and
should be sold. In such event, the Attorney-in-Fact shall sell the
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BOOK 617 PAGE5fl
Project and the sale proceeds shall be administered and disbursed
by the Attorney-in-Fact in the same manner as set forth in
subparagraph (c) of Paragraph 27 above.
29. CONDEMNATION. If all or any portion of the Project shall
be taken under the exercise of the right of eminent domain or sold
or otherwise disposed of in avoidance and settlement thereof (such
taking or sale being hereinafter referred to as "condemnation"),
then all matters with respect thereto, including, but not by way
of limitation, the reconstruction or repair of any improvements
damaged or otherwise affected thereby, the sale of the Project in
lieu of such reconstruction or repair, and the application of the
proceeds received by reason of the condemnation or by reason of the
sale of the Project in lieu of reconstruction or repair, shall be
governed by the provisions in subparagraphs (a), (b) and (c) of
Paragraph 27 above and shall be administered as set forth therein,
to the same extent as if the loss, destruction or damage resulting
from the condemnation had been caused by fire or other disaster and
the proceeds received by reason of the condemnation had been the
insurance proceeds received by reasOn of such fire or other
disaster.
30. PERSONAL PROPERTY FOR COMMON USE. The Managing Agent or
any OWner may, with the prior written consent of all OWners,
acquire and hold for the use and benefit of all the Condominium
OWners, real, tangible and intangible personal property and may
dispose of the same by sale or otherwise; and shall be owned by the
Condominium OWners in the same proportion as their respective
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BOOK 617 PAGE542
interests in the General Common Elements and shall not be
transferrable except in connection with a transfer of the
condominium unit itself (or the transfer of an OWner's interest
therein), in which case no reference to the personal property being
transferred need be made. Each OWner may use such property in
accordance with the purpose for which it is intended, without
hindering or encroaching upon the lawful rights of the other
OWners. The transfer of title to a Condominium Unit under
foreclosure shall entitle the purchaser to the beneficial interest
in such personal property associated with the foreclosed
Condominium Unit.
31. MAILING OF NOTICES. Each OWner shall register his
mailing address with the other OWner or Managing Agent and all
notices or demands intended to be served upon any OWner shall be
sent by either registered or certified mail, postage prepaid,
addressed in the name of the OWner at such registered mailing
address. All notices or demands intended to be served upon the
owners or the Managing Agent shall be given by registered or
certified mail, postage prepaid, to the registered address thereof.
All notices or demands to be served on Mortgagees pursuant hereto
shall be sent by either registered or certified mail, postage
prepaid, addressed in the name of the Mortgagee at such address as
the Mortgagee may have furnished to the OWners or Managing Agent
in writing. Unless ,the Mortgagee so furnishes such address, the
Mortgagee shall be entitled to receive none of the notices provided
for in this Declaration. Any notice referred to in this Section
25
.,-."
^
BOOK 617 PAGf543
shall be deemed given when deposited in the United States mail in
the form provided for in this Section.
32.
PERIOD OF CONDOMINIUM OWNERSHIP.
The separate
condominium estates created by the Declaration and the Map shall
continue until this Declaration is revoked in the manner and as is
provided in Paragraph 18 of this Declaration.
33. GENERAL.
(a) If any of the provisions of this Declaration or any
paragraph, sentence, clause, phrase, or word or the application
thereof in any circumstances be invalidated, such invalidity shall
not affect the validity of the remainder of this Declaration.
(b) The provisions of this Declaration shall be in
addition and supplemental to the Condominium OWnership Act of the
State of Colorado and to all other provisions of law.
(c) Whenever used herein, unless the context shall
otherwise provide, the singular number shall include the plural,
the plural the singular, and the use of any gender shall include
all genders.
IN WITNESS WHEREOF, Declarant has duly executed this
-4-4
Declaration this .:Ie day of ~, 1990.
~~~JA. Ojan~: ~
ELI ABETH A. CIPRIANO
26
.
,-.,
~
BOOK 617 PAGE544
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Condominium Declaration for the Cipriano-
Taylor Duplex Condominium was acknowledge to before me by Elizabeth
A. Cipriano on this..1DIA day of M~t"G~ , 1990.
WITNESS my hand and official seal.
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BOOK 617 PAGE545
EXHIBIT "A" TO
CONDOMINIUM DECLARATION FOR
THE CIPRIANO-TAYLOR DUPLEX CONDOMINIUM
Unit No. Undivided Interest in and
to the General Common Elements
A 50%
B 50%
\
28
.""""
~
On May 22, 1989 the City Council approved the Cipriano / Taylor
condominiumization at 1025 Cemetery Lane with the following
conditions:
1. Applicant shall, prior to recording the plat, submit a
statement of subdivision exemption in a form acceptable to the
City Attorney stating that the applicant shall join any future
improvement districts. Resident employee deed restrictions shall
accompany the exemption form. The deed restriction shall be
approved by the Housing Authority in lieu of the Affordable
Housing Impact fee.
2. Prior to issuance of a C.O. for the renovated unit, a
building inspection is required. The applicant shall agree to
make health and safety improvements for both units.
3. The plat shall comply with the requirements of Section 24.7-
1004.D.l.(3) (plat contents) of the municipal code.
4. Because of the addition the applicant shall demonstrate that
sufficient parking is provided - one space per bedroom. Parking
must be indicated on the plat.
5. New construction must maintain the historic runoff of the
site according to section 7-1004-C-4-f. This must be calculated
by an engineer and submitted to the Engineering Department for
approval. Any drainage improvements must be shown on the plat.
6. A 4 I x6' utility easement shall be granted and shown on the
plat.
ljl/taylor
4
~.
,~
To:
MEMORANDUM
Leslie Lamont, Planning Office ~
Elyse Elliott, Engineering Department ~
From:
Date:
May l5, 1989
Re:
Cipriano-Taylor Condominiumization
--------------------------------------------------------------
--------------------------~-----------------------------------
After reviewing the above application and making a site
inspection, the Engineering Department has the following
comments:
l.- Plat - the applicant has requested that since Unit 2 will be
expanded, an as-built plat be submitted. We have no problem with
waiting for this plat until the construction is complete,
however, we would like the applicant to commit to a date within
one year when the plat would be submitted. The plat will have to
comply with our specifications. It will also have to show any
easements, certified by a title company.
2. Parking - it must be demonstrated that there will be
sufficient parking after the addition. This must also be shown
on the plat.
3. Drainage - the new construction must maintain the historic
runoff of the site according to Section 7-l004-C-4-f. This must
be calculated by an engineer and submitted to our department for
approval. Any drainage improvements must be shown on the plat.
4. Easement - a 4'x 6' easement should be granted. This should
be shown on the plat.
S. Improvement District - the applicatant should agree to join
any future improvement districts.
,~
~
MEMORANDUM
FROM:
LESLIE LAMONT, PLANNING OFFICE
JAMES L. ADAMSKI, HOUSING DIRECTOR
TO:
DATE:
MAY 17, 1989
RE:
CIPRIANO-TAYLOR CONDOMINIUMIZATION
APPLICATION: The proposal involves the condominiumization of a one
story duplex residence.
EMPLOYEE HOUSING: The application states that both the condominium
units will be owned and occupied by long term county employees.
The applicant seeks to waive the affordable housing Impact Fee by
deed restricting the units as resident employee units pursuant to
Section 7-1008 1 (c).
HOUSING OFFICE RECOMMENDATION:
following condition:
1. Prior to the filing of a final plat, deed restrictions shall
be submitted to the Housing Authority for approval to be
recorded by the applicant restricting the units to occupancy
by qualified resident employees as defined in the Aspen Land
Use Code.
Approve the application with the
..-..-~-,~,..,.
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'i t"'-!D USE APPLICATICN :rom ~,
"",'>'-' I.i::'ii'/} , '" ,
ProjectN~ (A~~\~J-lA~l-O~ .,.' UvpLC-Y- ..,,'.................. ~.,
PLOjec:t:LoCation \Q25.. GEM-y:pcAi. LAM~-l ~;)raj;\~IL-lr,\
I:>.,LCX-\<.I, lL~ Mrl>5'0,. ~p.,'D\'-IISIDd, ~h-\ CMUU;}j ~c.C)",.
(inlicatest:ree a ,lot & blodk number, legal iption wh ". . {
appropriate)
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."P=ent ZonIDJ p,-\<? 4) rot Siz<~~J~~'~+:\
.,.'.. Applicant'sNane, l\ddresS& RJ.one' # rY.l .\?,6J~:;(S-r\.{, t>.. a.~Tr"O GlP'" i.b.UC'J }'./;.
<IO?/;;U2Mfo1l~,\CAMrc., ~~, .(0)...:' AI(Qtl, (?'O?,)q'G~-2-G2-A . . .'
~rescmtative's Nane, ~ & ~" #M.\(~-I. T~'ilO~., p.c>.\~O'l-/
7_"1,0 (, ~r:J.), (,C1 ?"ll~t'C.. (?'c)?:')9'L.'5-o?-'r"1(pMW), Q?'2" -4-452.
3)
7)
Type of .Application (please check all ~t,'. aw!y) :
eon:ll.tionalUse .
_' Conceptual SPA
Final SPA
_ Conceptual Historic Dev.
_ Special.Relfie'w'
8040 Greenline
Final Historic Dev.
_ st.ream, MaJ::gm.
_ O:mceptual roD
Final POD
Minor Historic Dev. .
Historic L'enx>lition '
MJuntain. Vie'w' Plane
----:---',-
SUbdivision,
_ Historic ~ignation.
X eorx'km:iiU.umization ."'--- TextjMap ~
rot'SplitfIPt Line
1\dj u.stIrent
_ QQ5. Allol:1rent
_ QQ5 Exenpti.on
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8) ~iption of Exist.in:J Uses (mmiler ani type of .'ex:ist.i.nJ ~;
approximate sq. ft.;. nmiJer of beili<X.1u.b; any prev:icus. approvals granted.to the .
property). .
Qi--llS ..='10(",'1' 2:>050:t- .S?.' n' tqLft-Y- .,.. ~~l6ta.lc.tr'_1. ~tT'+' 'O-\\'C-_ -- '~,'.
fD5t\ ff>c~i"4- . '2. ~\-\- ower: t...\.J(,l 0 ~r;:_-OUr<-_ ~~o:':)N\.,
Of..J.\I'- _ . \?-ATe{ OMAT'
9) Description of Devel~ Application
('~UDc)MIWl(,N\..\'7-1L \'1'-<0 tJull'S 4Ar\ IS'l'-\~() OM\S oI2:.Of\CCJM..:
nUl T P,,"1.A.l?-nt~T 17 "f0 :Z.::tG) fT'
10) Ifave you attached the follONinj?
~ Response to Attachment 2, Mininnm Snhnic:.<'ion Cont:ents
V Response to Attachment 3, Specific Snhn; ""'ion Cont:ents
. v Response to AttadJmerrt: 4, Relfie'w' st:a:OOan'ls for Your Application
~
~
April 25, 1888
Ms. Leslie LaMont
Aspen Pitkin Planning Department
130 South Galena
Aspen, CO 81611
RE: Subdivision Exemption-Condominiumization
Cipriano-Taylor Duplex
1025 Cemetery Lane
Aspen, CO
Dear Leslie:
As a continuation of the subdivision exemption
-condominiumization process begun with your pre-application
conference on April 18, 1888 with Michael Taylor I am
formally submitting this application.
As the applicant for condominiumization, I,
Betty Cipriano
1025 Cemetery Lane
Aspen, CO 81611
(303) 825-2628
authorize Michael Taylor
P.O. Box 2301
Aspen, CO 81612
(303) 823-'!'!52
(303) 825-0377
to act as my representative for the purposes of this
application for subdivision exemption-condominiumization for
my property which has a street address of :
1025 Cemetery Lane
Aspen, Colorado
and a legal description of:
Lot 2, Block 1, Pitkin Mesa Subdivision, Pitkin
County, Colorado.
Attached are
Cipriano to
above named
development
copies of the quit claim
me and commitment for title
property which demonstrate my
application.
deed from Frank
insurance for the
right to make this
Also attached is a vicinity map locating the above named
property within the city of Aspen.
I am also including partial copies of the approved plans used
in the construction of the duplex because they show the
existing condition qf the building. Because I am planning on
expanding Unit 2, I request that I be permitted to file a
final "as built condominium plat" once construction is
sufficiently completed.
,~
,""'"
Please note that
~eview standa~ds
w~itten by my
application fee
confe~ence.
I am including
~elating to my
~ep~esentative
as ~equested
~esponses to the applicable
development type and a check
fo~ $830.00 to cove~ the
du~ing the p~e-application
~nc~~J7 (IJ4) [J . .
Be~ Cip~iano ~
Date
'1/~~-;g-7
enc.
-
~
SUBDIVISION EXEMPTIoN-CoNDoMINIUMI2ATIoN
CIPRIANO-TAYLOR DUPLEX
1025 CEMETERY LANE
ASPEN, CO
RE: Specific Submission Contents: Subdivision Exemption
Application for Condominiumization
1.See attached Improvement Survey dated March 15, 1989 which
was done by Sydney Lincicome (Lines In Space).
2. (a)Existing tenant will be given notice and the right to
purchase unit being condominiumized (see attached proposed
letter, purchase Lights of existing tenants).
(b)Proposed condominium units will be restricted to six
month minimum lease with no more than two shorter tenancies
per year allowable for moderate -density residential (R-15)
zone.
(c)Proposed condominium units will both be owned and
occupied by long term county employees and project will
meet other applicable affordable housing Lequirements.
Unit 1 will be owned and occupied by Betty Cipriano (and
some of her children) who has lived at this address, and
worked in Aspen since first moving here with her family 17
years ago. Unit 2 will be owned and occupied by Michael
Taylor and his family who have lived in Pitkin County
(Aspen Village) and worked in Aspen since 1983.
1""'\
-
SUBDIVISION EXEMPTION-CONDOMINIUMIZATION
CIPRIANO-TAYLOR DUPLEX
1025 CEMETERY LANE
ASPEN, CO
RE: Review Standards: Subdivision Exemption Application for
Condominiumization
1.Condominiumization of Residential Units
Purchase riohts of existino tenants -- existing
be given notice and the right to purchase
condominiumized (see attached proposed letter
tenant) .
tenant will
unit being
to existing
Minimum lease allowed -- proposed condominium units will be
restricted to six month minimum lease with no more than two
shorter tenancies per year as required for the moderate
density residential (R-15) zone.
Affordable housino imoact fee applicant requests a
waiver of the Affordable Housing Impact Fee because
demonstration will be made that condominiumized units will
remain available to employees of the community as defined
by and in compliance with "Ordinance no. ~7, Section 6, -
resident occupied unit" and "Ordinance no. 6, Section 9, -
Sec. 7-1008(A)(1)(c)(2). Condominiumization."
Buildino insoection -- building inspection
conjuction with proposed expansion Unit 2
condition of final approval.
will done in
and may be a
,~
~
SUBDIVISION EXEMPTION-CONDOMINIUMIZATION
CIPRIANO-TAYLOR DUPLEX
1025 CEMETERY LANE
ASPEN, CO
Ap!:"il 25, 1989
Tenant
1025 Cemete!:"y
Aspen, CO
Lane
81611
RE: Pu!:"chase !:"ights of existing tenants
Dea!:" Tenant:
This is to notify you that
condominiumization and info!:"m
tenant to pu!:"chase you!:" unit.
you!:"
you
unit is being p!:"oposed fa!:"
of you!:" !:"ight as existing
When condaminiumizatian app!:"oval is given you shall be able
to pu!:"chase you!:" unit fo!:" $155,000 plus !:"elated costs.
You shall be p!:"ovided a ninety-day (90) nonassignable option
to pu!:"chase at this p!:"elimina!:"y ma!:"ket value. In addition,
you shall have a ninety-day (90) exclusive nonassignable
!:"ight of fi!:"st !:"efusal to pu!:"chase the unit which shall
commence when a bona fide offe!:" is made by a thi!:"d pe!:"son,
and accepted by the owne!:". In the event that such offe!:" is
made while the initial ninety-day (90) option is still in
effect, you may pu!:"chase the unit fa!:" the amount of the
initial sales p!:"ice o!:" the amount of the bona fide offe!:" ,
whicheve!:" is less.
Since!:"ely,
Betty Cip!:"iano, Owne!:"
1025 Cemete!:"y Lane
Aspen, CO 81611
(303) 925-2628
""""
-,
MEMORANDUM
TO:
City Engineer
Housing Director
FROM:
Leslie Lamont, Planning Office
RE:
Cipriano-Taylor Condominiuroization
DATE:
May 3, 1989
==*================~============================================
Attached for you review and comments is an application requesting
condominiumization of the duplex located at 1025 cemetery Lane.
Please review this material and return your comments no later
than May 15, 1989 so that I have time to prepare a memo for the
City council meeting on May 22, 1989. Thank you.
,
r-'\,
~,
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
May 3, 1989
Michael Taylor
P. O. Box 2301
Aspen, Colorado 81612
RE: Cipriano-Taylor Condominiumization
Dear Michael,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled your application for review by the City Council
on Monday, May 22, 1989 at a meeting to begin at 5:00 P.M. The
Friday before the meeting date, we will call to inform you that a
copy of the memo pertaining to your application is available at
the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
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Legal Description: Lot 2, Block 1, ~itkin Meso Subdivision, Pitkin
Colorado.
I hereby ,certify that on March 14, 1989 a survey was performed by me and under
my direct supervision on the above described parcel of land. A single-story
frame house was found to be on said parcel as shown on this plat. All easements,
encroachments and rights-of-way in evidence or known to me are shown. This sur-
vey is true and correc~ to the best of my knowledge and belief.
(", j" ,
By:, d;?-c/!,,-<-~,' ""'--""~ ,_~<___,.,-..~_
SYJlf1ey L;pe'1come ,P.L.S. 14111
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BY' LINES IN SPACE
SYDNEY LINCICOME (L.s. 1411!)
BOX 121 CARBONDALE COLO. 303-963-3852
15 Mt!1rch 1&189, . SCALE:I": :30'
Recorded at
, Reception No.
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Recorder.
::=---..-.-=,='--t:==.~=:==_-:c:::=:-':_:~:',:..-=:",:::'::::::'::'=::::::-::-::=::::-:;:-':':::::"-:::::':=-:':::.::::-==.' :~':;T':;:::~:""~:::':-::;=-'-.- ,::.---,.---' :-'11' ,
.' . QUIT CLAIM DEED, ," '"., ""i,', ',:. '.
THIS DEED, Made this Z C,I/~ dayofMarch
between Frank J. Cipriano
.19 89,
3 I 0 0 2 6'
of the 'County of
<ro'f""lfd<>, grantor(s), and Elizabeth A. Cipriano
Idaho
'; whose legal address Is
1025 Cemetery Lane
IinR 28
I 23 PH '8S
and State of
SILVIA DAVIS
PITKIN CflTY RECORDER "
of the City and' County of
Pitkin
, and Stale of Colorado; grantee(s),
WITNESSETH, Thanhe grantoWf, for and In cunsideratlon of the sum of ,,'., ,
One Hundred Thousand Dollars and no/lOO---_____:.._____________________:-_ DOLLARS
the receipt and sufliciency of which is hereby acknowledged, ha s remised. released, sold, conveyed and QUIT CLAIMED, and by,
these presents do ' remise, release, sell, convey and QUIT CLAIM unto the grantee(lO, her heirs, sueeessors and assigns.
forever, all the right, title, interest, elalm and demand whieh the grantor(s) haS in and to the real property, together with'
improvements, if any, situate,lying and being in the City and County of Pi tkin and State of
Colorado, described as follows:
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Lot 2, Block 1,
Pitkin Mesa Subdivision
as recorded in Plat Book
at Page 58 of the Pitkin
3
County Records
, ~
also known by street and number as:
1025 Cemetery Lane, Aspen, Colorado 81611
TO HAVE AND TO HOLD the same, together with all and singular the appurtenanees and privileges thereunto belonging or in
anywiSe thereunto appertaining. and all the estate, right, title; interest and claim whatsoever. of the grantor(s). either in law or equity, to,
the only proper llse, oenefit and hehoof of the gnmlcc(s), her heirs Hill..! assigns fOfCver.
IN WITNESS WIIEREOI~ The grantor(s) ha s executed this deed on the. date set forth above,
"'A' '.
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'.Ft'~l J. Clpriano
Y' ,
STATE OF Ji:X>X.X>Rt.m Idaho
} ss,
County of -{)C'71...IU--U
The foregoing instrument was acknowledged before me this.,;:'o ':It,
by Frank J. Cipriano
day of
March
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No, 933. !ley, 3-85. QUIT CLAIM flEW BrJldr"r, Mli'hing, lR2l W, 61h ^vc" t",,"o<><I, CO 80214 _ (l01) l)).(,9OO
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Commitment
for Title Insurance
RECEIVED M^ll1 0 lqgg
or:r.FJVEO "''''I,) i U 1989
Title USA Insurance Corporation, Dallas, Texas, A Texas Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in
favor of the proposed Insured named. in Schedule A. as owner or mortgagee of the estate or Interest covered
hereby in the lal1d described or referred to in Schedule A, upon payment ofthe premiums and charges therefor;
all subjectto the provisions of Schedules A and B and to the Conditions and StipulatIons hereof.
This Commitment sharr be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six, (6) months after the effective date hereof or when the
polley or policies committed for shall issue, whichever first occurs, provided that the failure to issue such poticy
or pOlicies is not the fault of the Company. The Commitment shall not be valid orbindinguntil countersigned by
an,authorized officer or agent.
IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed
as ofthe effective date of Commitment shown in Schedule A~
Title USA Insurance Corporation
::{?c~c.,
~C?~~
Authorized Countersignature
t~ II- 1t4#wc-
Attast:Secrarary
Form 106 GS 3OM9BBH
AMERICAN LAND TITLE ASSOCIATION COMMITMENT TO INSURE - 1971
Prepared for:
,.-..
',j~
ee'S to:
Mulford and Mulford
" Mu I ford I ford
Attn: Nora Jacquez
600 East Hopkins
Aspen, CO 81611
, SCHEDULE A
Customer Reference: Clrprtano
400360-C
Inquiries should be
to Norman E.
February 21, 1989 at 7: 00 A. M.
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or PolicieS to be issued;
Amount
(a)
ALTA Owners Policy....,
Form_-1970
Proposed 'Insured;
EL,IZABETH A. CIPRIANO
, '
(b)O ALTASbmdard Loan PoliCY,
Coverage -1970
130,000.00
Proposed Insured:
MJ,CHAEL BERKELEY
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3,The estate or ihteres! .in the landclescribed or referred to in this Commitment and covered herein is:
FEE
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FRANkJ. CIPRIANb AND ELIZABETH A. CIPRIANO
tn.jotnt tenancy
said estate or interest in said land is at the effective date hereof vested in;
, '
5, The land referred to in this Coml11itment is iocated in the County of
State 01 Colorado and described as follows:
Pitkin
LEGAl.. DESCR' PT ION SET FORTH ON SHEET ATTACHED HERETO AND BY TH IS
REFERENCE INCORPORATED HEREIN AND, MADE A PART HEREOF.
Owner's Premium: $
Lender's PremIum: $ 509.50
Add' I Charges: $
Tax Certificate: $
TOTAL CHARGES: $ 509.50
AMERICAN'LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.)
SCHEDULE A
FOAM m~ (::<:1
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SCHEDULE A - continued
In the State of Colorado, County of Pitkin
Lot 2,
lock,1,
ITKIN MESA SUBDIVISION
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Order No.
Plat 1.0. No;
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I. The fOllowing>,re the requiremeryts to be complied with,:
1. Instruments necessary to create the estate or interest to be insured must be properly executed,
delivered and duly filed for record.
'2, Payment of the consideration for the estate or interest to be insured.
3, Payment of all taxes, charges, assessments, levied and assessed against subject premises, which
are, d ue and payable.
4, Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are'"
c.ompleted; that contractor, subcontractors. labor and' materialmen are all paid,
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SCHEDULE S-l
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N,
400360 -C
5. Release by the PublIc Trustee of PItkIn County of the Deed of Trust
from Robert W. ClIne and Ann G. ClIne for the use of MajestIc SavIngs:
and Loan AssocIation, to secure $51,000.00, dated Aunll~t31, 1972, '
and .recorded September 7, 1972, I n Book 266 at Page, 708.
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6. Release by the PublIc Trustee of PitkIn County of the Deed of Trust
from Frank J. CIprIano, M.D. and ElIzabeth A. CIpriano for the use of
FIrst NatIonal Bank In Aspen, to secure $50,000.00, dated M!!Y. 24,
1974" and recorded May 29, 1974, In Book 287 at Page 745. ----...;.
7. Deed of Trust from ElIzabeth A. CIpriano to the PublIc Trustee of
PItkIn County for the use of Michael Berkeley, to ,secure
$130,000.00.
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AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.)
SCHEDUl.E 6-1
FOAM 106 GS 40M687H
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SCHEDULE B-II
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Order I~O. 400360-C
II. Schedule B of'.ihe policy or policies to be issued will contain exceptions to the following matters unless the
disposed of to the, satisfaction of the Company;
1, Rights or claims of parties in possession not shown by the public records,
2. Easements or claims of easements, not shown by the pUblic records,
3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
survey and Inspection of the premises would disclose and which are not shown by the public records,
4, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by
and not shown by the public records,
5, Defects, liens, encumbrances. adverse claims or other matters. if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment.
Exceptions numbered
are hereby omitted,
Taxes due and payable; and any tax, special assessments, charge or I
imposed for water or sewer service, or for any other specla/taxIng dl
ght of the ProprIetor of a VeIn or Lode to extract and remove his
ore therefrom, shou I d the same be found to penetrate or Intersect
the premises hereby granted, as reserved In United states Patent
recorded in Book 55 at, Page 5.
Terms, conditions, obI igations and restrictions as set forth In
Protective Covenants for PItkin Mesa Subdivision, recorded December
22,1965 ih Book 217 at Page 508.
9. Road and utility easements as shown and dedicated on Plat of Pitkin
Mesa Subdivision recorded in Plat Book 3 at Page 58.
Any and ,al I unredeemed tax sales.
,NOTE: Upon receIpt of a Certificate of Taxes Due evidencing that
there are no existIng open tax sales, the above exception wll I not
appear on the pol Ictes to be Issued hereunder.
AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.)
SCHEDULE a-It
HmM 100 OS ?OM 28311
lCOlOllAOOI
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CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledgeot any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon. covered by this Commitment other
than those shown in Schedule B hereof, and shall fail to disclose such' knowledge to the Company in
writing, the Companyshal! be relieved from, liability for any (ass or damage resulting, from any act' of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. 1f the
proposed Insured shall disclose such knowledge to the Company, ,or jf the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at
its option may amend Schedule B of this Commltment accordingly,. but such amendment shall not relieve
the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. liability ofthe Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only
for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to'eliminatssxceptions shown 1n Schedule B. or (c) to acquire or create the estate or interest
or mortgage therEJon covered by this Commitment. In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring. provisions,
the Conditi'ons and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed
for in favor of the proposed tnsured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest orthe status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.