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HomeMy WebLinkAboutLanduse Case.CO.1025 Cemetery Ln.34A-89Cippriano - Taylor Condc Zation 105 Cemeter Lane // 2735-013-05-�13 34ti-89 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113-63250-134 GMP/CONCEPTUAL 00125 00123 00115 County 00113 00125 00123 00113 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113-63080-122 -63090-123 -63140-124 -69000-145 GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS T A. 1.7 (� ENVIRONMENTAL HEALTH HOUSING ENGINEERING �� SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER U Name: Address: Check # Additional billing: _ SUBTOTAL TOTAL Phone: ` Project: 0, ;d Date: # of Hours: y 0 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 4J25/89 DATE COMPLETE: A \2 b 1 � c? PARCEL ID AND CASE NO. 2735-013-05-013 34A-89 STAFF MEMBER k,c 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: MICHAEL TAYLOR Representative Address/Phone: P O BOX 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: YES NO CC Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: ---------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: l�!�qe INITIALS: Lti/ FINAL ROUTING: DATE ROUTED: INITIAL:i}� City Atty City Engineer ✓ Zoning Env. Health Housing other: FILE STATUS AND LOCATION: 4 % i ��utz � 1� wu S" � , STATEMENT OF EXCEPTION FOR SUBDIVISION ELIZABETH A. CIPRIANO C"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 Ica ctcd at�111a'c�oR' �4 ^tiara No _%� S'��Ilr t AVIS PITr(i"; COi1NTY '?i • • Jjax 617 PAGE 515 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 7-1008A.1. (c) of the City of Aspen Municipal Code, as amended. 3. A 10' x 100' utility easement is granted and shown on the plat. `t. 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 bg 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 • • annx 617 PAGE W Duplex Condominium or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. S. The covenants herein may be changed, modified or amended by the .recording of a written instrument signed by the record owners of the Property and the Mayor of 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, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (SO) years from the date these covenants are recorded, whichever is less. 7. None of 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 of Aspen reflected by resolution of the City Council of the City of Aspen. B. In any legal proceeding to enforce the provisions of these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its costs and fees # r mox 617 PAGE 517 therein, including its reasonable attorneys fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this JQ day of � _, 1990. E1 zabeth A. Cipriano STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The Foregoing instrument was acknowledged beFore me this JA�_ day of 1990, by Elizabeth A. Cipriano, as Covenantor. Witness my hand and oFFicial seal. My commission expires: 0/'4'-&-- \� Notary Public Address: : gW 1��3 T, �� c'o ���/� 1 61_ 7 NacE 546 -, OCCUPANCY RESTRICTION AND AGREEMENT THIS OCCUPANCY RESTRICT�I�O} AND AGREEMENT ("the Agreement") is made and entered into this day of 1990, by and between Elizabeth A. Cipriano of the County of Pitkin, State of Colorado (hereinafter referred to as "Owner") and the ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a duly constituted multi jurisdictional 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: 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: (a) Elizabeth A. Cipriano, the Owner. (b p'Qualified employees, defined as persons who are C _employed in Pitkin County a minimum of 30 hours per c1� z-week 9 months of the year. A self-employed person �- C� � -ractively engaged in business pursuits in Pitkin < >_ County a minimum of 30 hours 9 months of the year shall qualify. �,- (c)�Senior residents, defined as persons 60 years of age i 'or more, whose domicile is on the Property. 1 0 0 ?ooK 617 PA6E547 (d) Family members consisting of the spouse, child, grandchild, parent or sibling of the qualified residents described in (a), (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 1.(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 Pox 617 mcE548 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) h hereof, the unit of the Property owned by such person will be 'f offered for sale subject to the provisions of this agreement. -K 00A qualified purchaser shall be deemed to have changed his or her O'Nkc� domicile by becoming a permanent resident or accepting permanent i employment outside of Pitkin County. — -- --7 .Own re ship of other residential proPe Y ' rt . The Owner and y every qualified purchaser agrees that, in the event such Owner or qualified purchaser acquires other residential property ,in Pitkin� az( County for his or her personal use, the interest owned by such ��,,�� person in the Property will be offered for sale subject to the ��-o___' 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 3 PooK 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 4 • • euuK 617 P46cL550 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/Pitkin 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 5 BOOK 617 PAGF 551 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 County, Colorado �— By: E 'zabeth A. Cip iano - [. >naK 617 imF55? STATE OF COLORADO) COUNTY OF PITKIN) The forego„�ng instrument was acknowledged before me this dayof -6. 1990, by Elizabeth A. Cipriano. Witness`2yy hand and official seal. commission expires: 0G Notary Public C? /��.� 0 SATE OF�OOLORADO) .. r COUNTY OF PITKIN) The f rego'ng instrument was ackn wledged before me th's y of Q,{/G 19 9 0, by ✓ as sl eat S of ASPEN\PITKIN COUNTY HOIASING, AUTHORITY. Witn ss m3l hand and official seal. My Commission expires: Notary Pu lic 19F3/'i PUa�-��'.�_ 7 C O �ooK 617 PAGE 51 L �. N CONDOMINIUM DECLARATION CIPRIANO-TAYLOR DUPLEX CONDOMINIUM w `T')� KNOW ALL MEN BY THESE PRESENTS: co' o � 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 fee 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 individual and separate Owners thereof, as tenants in common, of all of the remaining real property hereinafter defined and referred to as the Common 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 1 on 17 PAGE51. 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: (a) "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. (b) "Condominium Unit" means an apartment together with the undivided interest in the General and Limited Common Elements appurtenant to such apartment. (c) "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. (d) "Mortgage" means any mortgage, deed of trust, or other security instrument by which a Condominium Unit or any part thereof is encumbered. 2 0 ,100617 PAGE W (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 3 617 PAGE 521 "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 F61 (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 may or 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 4 mu 617 PAGE 5' 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. The Map 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 5 • 0 n1309 617 PAGE 5?.3 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 WK 617 PAGE 5? 4 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 Common Elements. 7 >o,K 61.7 F,acE V 5 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. E r 0 !iTx 617 PAGE 5 F` 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 7 0 ,K 617 P,4GE5?7 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 10 P00` V_L 1 Fnu V8 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. 11 Pox 617 FADE5?9 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 12 0 • BOOK 617 Pact-530 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 13 • ,-1 N 61�7 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 14 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 15 Pox 617 PAGE 533 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 16 noire 617 PAGE 53 4 (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 Common 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 17 0 Bou 617 p4cE 535 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 BE E 7J m�K 617 pxc� 536 furnished within fifteen (15) days, all unpaid Common 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 Common 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 19 Pox 617 PAGE537 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 mov W PACE 538 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 POOR 617 PmE 536 repair and restoration of the improvements. (b) If the insurance proceeds are insufficient to repair 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. The 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; OW 0 617 FAGE 540 (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 subparagraphs (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 23 POOR 617 PAGE 541 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 24 Paox 617 PAG 54? 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 E1:�K 617 F�,�( E543 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 Declaration this �D -}hday of %`/itc,rcC , , 1990. ELI ABETH A. CIPRIANO 26 POOK 617 PAG-t544 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 this3oA day of /i'ta.►^G% , 1990. WITNESS my hand and official seal. My commission expires: Notary PubLic AXess:J I-'�i SIT l 27 • • Unit No. A PC �OaK 617 PAGE545 EXHIBIT "A" TO CONDOMINIUM DECLARATION FOR THE CIPRIANO-TAYLOR DUPLEX CONDOMINIUM W Undivided Interest in and to the General Common Elements 50% 50% 0 • 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.1.(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 41x6' utility easement shall be granted and shown on the plat. ljl/taylor 4 MEMORANDUM To: Leslie Lamont, Planning Office From: Elyse Elliott, Engineering Department Date: May 15, 1989 Re: Cipriano -Taylor Condominiumization After reviewing the above application and making a site inspection, the Engineering Department has the following comments: 1. 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 7-1004-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. 5. Improvement District - the applicatant should agree to join any future improvement districts. M E M O R A N D U M TO: LESLIE LAMONT, PLANNING OFFICE FROM: JAMES L. ADAMSKI, HOUSING DIRECTOR 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: Approve the application with the 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. USE APPLICATION TURM 1). Project Name 2) Project Location - JQ 2 ( indicate stree address, lot & block number, legal d iption where appropriate) 3) Present Zoning 4) Lot Size - l `S . CD4 I 5) Applicant's Name, Address & Phone 6) Representative's Name, Address & Phone # _/� tC_I- 2"2 0(. fec P.©. 1301E 7) Type of Application (please check all that apply): -- Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mountain View Plane Subdivision Historic Designation Condomi n i t 7m i zation Text/Map Amexximent- QMQS Allotment ant Lot Split/I o t Dixie CMQS Exemption Adjustment 8) Description of Existing st-i r g Uses (number and type of existing st i ng Ste; approximate s(J. ft. ; number of bedrocros; any Previous - approvals granted to the Property) . tiPzB- / , �52 F4 \-P IY P-� 1 C��E�i '�t`•�, Z 1?�►-4 �9�4..IlT_�l�i�(� ©i..l�- OI.�Fc �!`�1�1�V�/� � 9) Description of Development Application L.I DG� ✓<o. t 1. t t t? J� 1 tr :nLo OU tTS . 10) Have you attached the followitxp? ✓ Rye to Attachment 2, Minim= Submission Contents Response to Attachment 3, Specific Submission Contents —� Response to Attachment 4, Rsview.Standards for your Application April 25, 1989 Ms. Leslie Lallont Aspen Pitkin Planning Department 130 South Galena Aspen, CO 81611 RE: Subdivision Exemption-Condominiumization Cipriano -Taylor Duple: 1025 Cemetery Lane Aspen, CO Dear Leslie: As a continuation of the subdivision exemption -condominiumization process begun with your pre -application conference on April 19, 1989 with Michael Taylor I am formally submitting this application. As the applicant For condominiumization, I, Betty Cipriano 1025 Cemetery Lane Aspen, CO 81611 (303) 925-2628 authorize Michael Taylor P.O. Box 2301 Aspen, CO 81612 C 303 ) 923-` 452 C303) 925-0377 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 copies of the quit claim deed From Frank Cipriano to me and commitment For title insurance For the above named property which demonstrate my right to make this development application. 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 of 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 I am including review standards relating to my written by my representative application Fee as requested conference. responses to the applicable development type and a check For $630.00 to cover the during the pre -application Sincerely, 0. Bety Cipriano enc. Date SUBDIVISION EXEMPTION-CONDDMINIUMIZATION 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 rights 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 requirements. 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. 0 • SUBDIVISION EXEMPTION-CONOONINIUNIZATION CIPRIANO-TAYLOR DUPLEX 1025 CEMETERY LANE ASPEN, CO RE: Review Standards: Subdivision Exemption Application For Condominiumization l.Condominiumization of Residential Units Purchase rights of existing tenants -- existing tenant will be given notice and the right to purchase unit being condominiumized (see attached proposed letter to existing tenant). 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 housing impact 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. `t7, Section 6, - resident occupied unit" and ''Ordinance no. 6, Section 5, - Sec. 7-1008(A)(1)(c)(2). Condominiumization." Building inspection -- building inspection will done in con,juction with proposed expansion Unit 2 and may be a condition of Final approval. U • SUBDIVISION EXEMPTION-CONOONINIUMIZATION CIPRIANO-TAYLOR DUPLEX 1025 CEMETERY LANE ASPEN, CO April 25, 1969 Tenant 1025 Cemetery Lane Aspen, CO 81611 RE: Purchase rights of existing tenants Dear Tenant: This is to notify you that your unit is being proposed for condominiumization and inform you of your right as existing tenant to purchase your unit. When condominiumization approval is given you shall be able to purchase your unit for $155,000 plus related costs. You shall be provided a ninety -day (90) nonassignable option to purchase at this preliminary market value. In addition, YOU shall have a ninety -day (90) exclusive nonassignable right of first refusal to purchase the unit which shall commence when a bona fide offer is made by a third person, and accepted by the owner. In the event that such offer is made while the initial ninety -day (90) option is still in effect, you may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less. Sincerely, Betty Cipriano, Owner 1025 Cemetery Lane Aspen, CO 81611 (303) 92S-2628 IWINK INAU01"N TO: City Engineer Housing Director FROM: Leslie Lamont, Planning Office RE: Cipriano -Taylor Condominiumization 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. 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 Scale:=30' l E�9S7` ^- �74.23 Fnd. RAC Cr I � N I 36.9 B/OC/< / -O � Lo f 2 ar ira3 N prive 1 e4.4 m O S ors e v Q� p I Wood Deck Wesf ^� /3/. /7' I-o �Fnd. PAC � ZO25"Pcad E5177{ Legal Description: Lot 2, Block 1, Pitkin Mesa Subdivision, Pitkin County, 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 correct to the best of my knowledge and belief. y ,ney i rr e1 come �0 o: 14111 _ Inf • N.4 iu IMPI'V veMen f Survey loe5 Cer»eter Lane P/�kir� Cove f y, Co%rado BY LINES /N SPA SYDNEY LINCICOI9E (L.S. 14111) BOX 121 CARBONDALE COLO. 303-963-3852 46 March /9B9 1 . SCALE:I'= 30' Recorded at o'cic' ?w Reception No — 15 98 L+6C. Recorder. -- — — --- --- --- -------- QUIT CLAIM DEED I j V I THIS DEED, Made this Z C' ` day of March between Frank J. Cipriano of the *County of WcYrlklb, grantor(s), and Elizabeth A. Cipriano Idaho whose legal address is 1025 Cemetery Lane of the City and County of Pitkin ,19 89, and St -MC of 310026 SILVIA DAVIS PITKIN CITY RECORDER HAR 20 1 23 F[I 'u° and State of Colorado, grantee(s), WITNESSETH, That the grantoriN, for and in consideration of the sum of One hundred Thousand Dollars and no/100-------------------------------- DOLLARS the receipt and sufficiency 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(, her heirs, successors and assigns, forever, all the right, title, interest, claim and demand which 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 Pitkin and State of Colorado, described as follows: Lot 2, Block 1, Pitkin Mesa Subdivision as recorded in Plat Book 3 at Page 58 of the Pitkin County Records «. r1 `4 ws C cr e 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 appurtenances 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 use, benefit and hehoof of the grantee(s), her heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) ha s executed this deed on the date set forth above. Ffanl<'—J. Cipriano STATE OF q Qgkf� Idaho 0 ss. County of djc`!'7Lttt—L", The foregoing instrument was acknowledged before me this �OS�>� day of by Frank J. Cipriano My^coij jll}.ision expires tryllJi�ctI-v (nsc� -City and.,, March cc� 19 / . Witness my hand and official seal. Nuinry N1,11c 1989 , No, 933. llt•v, -U5, QUIT CLAIM VE?ED Brwdfard Publishing„582.: W, 61h Am, I.Akcwln d, Co g0214 .— (7oi) 2i1.690 12•R7 4. .� �' 9 2 to 9 8 � 7 92� T 4 6 1 1 6 8 3 4 9 10 4 ?Q 5 6 7 8 3 y VIEW DRIVE 37 2 PAN 7 8 µOVN� 4 5 6 38 3 I 2 1 39 5 6 40 2 3 4 7 21 44 1 S NO`N mom mom ' 41 14 13 8 42 43 16 15 I 5 12 4 11 9 I 2 2 y G� 43 5 10 $CNN r 10 3 8 m 42 14 4 9 II \ 4 13 14 15 9 N AbA Insurance li.,orpora -1 Commitment for Title Insurance RECEIVE!1 M n 1) 10 1Q.�9 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 land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall 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 Company, ,'TITLE the either at the time of issuance of this Commitment or by subsequent endorsement. J� USAThis 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 policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Title USA Insurance Corporation has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A. Title USA Insurance Corporation President & car Attest: Secretary�� SEAL °; .lEX N?••'��tl� Authorized Countersignature Form 106 GS 30M998H AMERICAN LAND TITLE ASSOCIATION COMMITMENT TO INSURE — 1971 i Prepared for: Mulford and Mulford Attn: Nora Jacquez SCHEDULE A 600 East Hopkins Aspen, CO 81611 Customer Reference: Cirpriano GF No. 400360-C PL/pe 1. Effective date: February 21, 1989 at 7:00 A.M. 2. Policy or Policies to be issued: (a) I—] ALTA Owners Policy — Proposed Insured: EL I ZABETH A. CIPRIANO (b) ALTA Standard Loan Policy, Proposed Insured: M I CHAEL BERKELEY CC's to: 0 Mulford and Mulford Inquiries should be directed to Norman E. Larkins Amount Form— — 1970 $ 130,000.00 Coverage —1970 $ _ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE 4. Title to said estate or interest in said land is at the effective date hereof vested in: FRANK J. CIPRIANO AND ELIZABETH A. CIPRIANO In Joint tenancy 5. The land referred to in this Commitment is located in the County of Pitkin State of Colorado and described as follows: LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS 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.) SCHEDULEA cna. — — 0 SCHEDULE A - continued Order No. 400360-C Plat I.D. No. Covering the Land in the State of Colorado, County of Pitkin Described as: Lot 2, Block 1, PITKIN MESA SUBDIVISION SCHEDULE B-1 • NO 400360 —C I. The following are the requirements 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 due and payable. 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors, labor and materialmen are all paid. 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 Aunllst 31, 1972, and recorded September 7, 1972, in Book 266 at Page, 708. 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_ay 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. SCHEDULE B-1 AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 (REV.) FORM 106GS40M687H SCHEDULE B-11 Qrde o. 400360-C If. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are 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 correct 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 law 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. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should 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. 8. Terms, conditions, obligations and restrictions as set forth in Protective Covenants for Pitkin Mesa Subdivision, recorded December 22, 1965 in 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 all unredeemed tax sales. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policies to be issued hereunder. SCHEDULE 9•II ) REV. AMERICAN LAND TITLE ASSOCIATION COPYRIGHT 1971 f. IUHM IU�iu�oLonnuoI 70A129111 i 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 knowledge of 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 Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if 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 Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the 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 eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon 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 Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured 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 or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. { f _ r 1 ! , yl ., ,;: 1 ,. � • , �' ,emu... .:� �� � � I � 1't I i ! -- � - ,} �' I r • 1-1— '���` , � , t�hl+, ��._, �0. tCi PA�y'1.1 •.�`^` i, �y� � ( .' _ � \ ,,,w,�*.. , . JA 1 i �• .����. '° I ' ' I I � { Y- � � l � .CaVCi. � It 11 SAW �iI _ ) i ����1 � ..�5' ..�,.� �, -t�d j. r�' a4 � ' • a< I ! q - «--- _..... '' ' � I r"'•� -----..-�. it i � 4 r • + i l : t7 y,, .��„�} r� '$.f-t�i F ' -, »__ __ _ •-. 7i' �. �. ii v;64 } u ��r �`�a,cw a - � ,,. ., ,. .- tt'`'y-` ,r--„ _ �: ..or•. Js J+�._ ----- �' N �` � ! _ I l .i fig•_: 4y.e° r 1 + < �, ,. s y r F n 1 y ; , kk ) is imp MW w., t 10" PIA. ViL i-> LEA'' 4y r i 19Y 111 J � !" 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