HomeMy WebLinkAboutcoa.lu.ex.Melnick, Lot 40, W. Aspen Subdivision
CUSTOMER
CITY OF ASPEN
FINANCE DEPARTMENT
CASHIER'S RECEIPT
J J
01-111 LICENSES & PERMITS
511 0 BUSINESS LICENSES
512 0 SALES TAX LICENSES
513 0 BEER - WINE - LIQUOR LICENSES
514 0 CONTRACTOR'S LICENSES
516 0 LIQUOR LICENSE APPLICATION
517 0 DOG LICENSE
518 0 CENTRAL ALARM LICENSE
519 0 BICYCLE LICENSES
520 0 EXCAVATION PERMITS
521 0 CONSTRUCTION PERMITS
522 0 ELECTRICAL PERMITS
523 0 PLUMBING PERMITS
524 0 HEATING PERMITS
525 0 SEPTIC TANK PERMITS
01.111 FINES & FORFEITS
561 0 COURT FINES
562 0 COURT BONDS. FORFEIT
563-01 0 TOWING FINES - IMPOUND
563-02 0 TOWING FINES. NOT IMPOUND
S64 0 TRAFFIC FINES
566 0 FALSE ALARM FINES
568 0 DOG IMPOUND FINES
569 0 OTHER FINES & FORFEITS
01.111 OTHER MISC. REVENUES
579 0 MAPS, CODES, ZONING REGS.
589 0 OTHERS (DESCRIBE)
01-988-632-03 0 XEROXING (DESCRIBE)
[il~HER -ACCT. NOr'! ~n \ -~)-i"'W:
DESCRIPTION, (NAME, NUMBER, ETc.), ~)\)\ r1\ U ISlrA\C'Iu 1
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FACTeJRY 0
STORES
2101 Market Street
Denver, Colorado 80205
(303) 623-2345
May If, 1977
l~rl Hal Cla)'-::
Planning Oflce
130 South G^lena
Aspen, Co. 'i1611
Re: Subdiv""ion Exemption Applica tion Fee
Dear Mr. Cli".k,
Lnclosedcs 'y check for fifty dollar", payable co the City of Aspen.
This is in c ,"nection with a duplex conversion in the West Aspen sub-
divisionl
Thank you vr 1'J much.
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1ery truly yours,
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Larry Melnick
I
ene.
e.e, Mr. Pi zhuGh Scott
LM/k'l
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STATEMENT OF EXEMPTION F~OM SUBDIVISION REGULATIONS
WHEREAS, LARRY P. MELNICK has filed an application
for exemption from the definition of subdivision for the
ownership and/or conVeYance of two undivided interests in
an existing duplex, pursuant to applicant's Declaration of
Restrictions, situate on the following described tract
located in Pitkin County, Colorado, to wit:
Lot 40, West Aspen Subdivision
Filing No, 1, City of Aspen,
Pitkin County, Colorado, and
WHEREAS, Section 20-19(b) of the Municipal Code of
the City of Aspen authorizes the City Council to exempt the
parceling of interests in land from the definition of sub-
division when, in the judgment of the City council, such
division is not within the intents and purposes of the sub-
division regulations, and
WHEREAS, the City Council has determined that the intended
parceling of the tract into two undivided interests is without
the intents and purposes of the subdivision regulation inasmuch
as (1) all utilities and improvements have been installed,
(2) the improvement of the property has already occurred,
(3) no dedication fees are required for the condominiumiza-
tion or construction of a single duplex, (4) the subdivision
code excludes from the definition of subdivision the division
of land by the acquisition of an interest in the land as
tenants in common, as is the case in this application, and
(5) no objectives of subdivision review will be defeated
by this grant of exemption,
THEREFORE, the Aspen City Council, pursuant to action
taken at its regular meeting held
and subsequent to an affirmative recommendation of the
Planning commission, does declare that the Declaration of
Restrictions and intended conveyance are without the intents and
Statement of Exemption from Subdivision Regulations
Page 2
purposes of its subdivision ~egulation and grants an
exemption therefrom, pursuant to Section 20~19(b) of the
Aspen Municipal Code.
Date:
Stacy Standley III, Mayor
ATTEST:
Kathryn S, Hauter
City Clerk
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STATEMENT OF EXEMPTION F~OM SUBDIVISION REGULATIONS
\iHEREAS, LARRY P, MELNICK h~s filed an application
for exemption from the definition of subdivision fo~ the
ownership and/or convey~nce of two undivided interests in
an existing duplex, pursu~nt to applicant's Declaration of
Restrictions, situate on the following described tract
located in pitkin County, Colorado, to wit:
Lot 40, West Aspen Subdivision
Filing No.1, City of Aspen,
pitkin County, Colorado, and
\~HEREAS, Section 20-19 (b) of the Municipal Code of
the City of Aspen authorizes the City Council to exempt the
parceling of interests in land from the definition of sub-
division when, in the juugment of the city Council, such
division is not within the intents and purposes of the sub-
division regulations, and
WHEREAS, the City Council has determined that the intended
parceling of the tract into two undivided interests is without
the intents and purposes of the subdivision regulation inasmuch
as (1) all utilities and improvements have been installed,
(2) the improvement of the property has already occurred,
(3) no dedication fees are required for the condominiumiza-
tion or construction of a single duplex, (4) the subdivision
code excludes from the definition of subdivision the division
of land by the acquisition of an interest in the land as
tenants in common, as is the case in this application, and
(5) no objectives of subdivision review will be defeated
by this grant of exemption,
THEREFORE, the Aspen City Council, pursuant to action
taken ~t its regular meeting held
and subsequent to an affirmative recommendation of the
Planning Commission, does declare that the Declaration of
,
Restrictions and intended conveyance are without the intents and
,
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Stqte~ent of Exemption from.~ubd~vi$ion Regu~ations
Page 2
purposes of its subdivision ~egulation ~nd grants an
exemption therefrom, pursuant to Section20~19(b) of the
Aspen Municipal Code,
Date:
stacy Standley III, Mayor
ATTEST:
Kathryn S. Hauter
City Clerk
DECLARATION OF RESTRlCTlONS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, LARRY p, MELNlCK, hereinafter called
"Declarant," is the fee simple owner of the following
described real estate, to wit,
Lot 40 WEST ASPEN SUBDIVISlON, Filing No. l
county of pitkin, State of Colorado,
and
WHEREAS, the Declarant heretofore constructed a
duplex residence building and other improvements appurtenant
thereto on the above-described property, which building con-
tains two (2) residence units; and
WHEREAS, Declarant desires to establish a plan for
the use and co-ownership in fee simple of real property
estates consisting of co-ownership by the individual owners,
as tenants in common, of all of the property, together with
an exclusive right to use a Residence Unit in the Building
as hereinafter provided.
NOW, THEREFORE, Declarant does hereby publish and
declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations, and obligations
shall be deemed to run with the land above-described, shall
be a burden and a benefit to Declarant, his heirs and assigns
and any person acquiring or owning an interest in the real
property and improvements, their grantees, lessees, successors,
heirs, executors, administrators, devisees or assigns.
I. DEFINlTlONS
1.1 "Residence" or "Residence Unit" means an individual
unit, consisting of enclosed rooms occupying part of the
Building and bounded by the interior surfaces of the perimeter
walls, floors, ceilings, windows, doors and built-in fireplaces,
if any, of the Building constructed on the above described
real property, together with all fixtures and improvements
therein contained, but not including any of the structural
components of the Building within a Residence Unit,
1.2 "Owner" means any person or entity, including
Declarant:, or any combination thereof, owning an undivided
interest in the property; the term "Owner" shall not refer
to any Mortgagee, as herein defined, unless such Mortgagee
has acquired title pursuant to foreclosure or any proceeding
in lieu of foreclosure. Any instrument affecting a Residence
Unit may legally describe it by reference to the identifying
number shown on Exhibit A employing the following legal
description:
"An undivided one-half interest in and
to Lot 40, West Aspen Subdivision, Filing No.1,
together with the exclusive right to the use
and occupancy of Unit and the Limited
Common Elements, and the non-exclusive right to use
and enjoy the common areas, all as set forth in
the Declaration of Restrictions record,ed on
, in Book , at Page
, of the records of pitkin County,
State of colorado,"
1.3 "Mortgage" means any mortgage, deed of trust or
other security instrument by which the interest of any Owner
is encumbered,
1.4 "Mortgagee" means any person named as Mortgagee
or beneficiary, including successors and assigns thereof,
under any mortgage under which the interest of any Owner is
encumbered,
1.5 "Common Area" means and includes all portions of
the property, except the Residence units, including, but not
limited to, the following:
(a) The land on which the Building is located;
(b) The foundations, columns, girders, beams,
supports, unfinished surfaces of the perimeter and supporting
walls, floors, and ceilings; roofs, balconies, patios, decks,
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recreational facilities, hall~, corridors, walkways, stairs,
stairways, and entrances and exits of the Building;
(c) The common yards, gardens, parking areas,
driveway, garage, storage spaces and sheds;
Cd) Any installations consisting of equipment
and materials making up any central utility services;
(e) In general, all apparatus and installations
existing for common use; and
(f) All other parts of the property necessary
or convenient to its existence, maintenance, and safety,
or normally in common use.
1.6 "Limited Common Area" means any Common Area
designated herein for exclusive use by Owners of a particular
Residence Unit. Any balconies, decks, terraces, porches,
patios, exterior walkways, stairways, doorways, storage
areas and garage areas or any other portions of the property,
which are commonly identified with or appurtenant to a
particular Residence Unit shall be Limited Common Areas for
the exclusive use of the Owner or OWners of said Residence
Unit.
1.7 "Property" means and includes the land, the
Building, all improvements and structures thereon, and all
rights, easements, and appurtenances belonging thereto,
1.8 "Building" means one of the two connected
residential building improvements comprising a part of the
property,
II, EXCLUSIVE RIGHT TO USE AND COMMON AREAS
2,1 Said property is improved with a duplex residence
building containing two (2) Residence Units as shown on the
plans attached hereto as Exhibit "A". Subject to the limita-
tions contained in this Declaration, and to the terms,
provisions, reservations and restrictions set forth on the
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recorded plat of WEST ASPEN SUBDIVISION, and contained in
the Covenants for said ~ubdivision recorded in Book 229 at
Page 78, and amended by instrument recorded in Book 229 at
Page 507, all of the records of pitkin county, colorado,
each Owner and their respective successors and assigns shall
own an undivided fifty percent (50%) interest in the
property, together with an exclusive right to use a
Residence Unit in the Building, the non~exclusive right to
use and enjoy any Limited Common Areas which may be desig-
nated on the attached map for exclusive use by such Owner.
The Owner of Residence unit 1 shall have the exclusive
right to use the one-half of the garage and the Owner
of Residence Unit 2 the one-half thereof, as is
depicted on Exhibit "A". Each Owner shall be responsible
for maintaining proper parking on his respective side of
the driveway sO as not to hinder or interfere with the
access or parking of the other Owner on his designated side
of the garage-driveway areas.
2.2 Each Residence Unit shall be used and occupied
for single-family residential purposes only and no Owner
shall partition or subdivide any Residence Unit so as to
convey to any prospective Owner an interest in less than the
entire original space of such Residence Unit, Lease or
rental of a Residence unit for lodging or residential
purposes shall not be considered to be a violation of this
Covenant, provided, however, that no Residence Unit shall be
leased or rented for a period of less than six (6) months.
2.3 Each Owner, at his sole cost and expense, shall
have the exclusive right to (i) paint, repaint, tile, paper
or otherwise refinish and decorate the interior surfaces of
all walls, windows, ceilings, floors, and doors bounding the
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Residence unit which he has th~ex~lu~tve r%ght to usei ~nd
toCiil aUer the'inte;r:'tor of said ~esidence so long as
such alteration does not affect 'the Common Areas, any other
Residence Unit, or the structural soundness or integrity
of the Building in which such Residence Unit is located,
No major remodel of or addition to a Residence Unit which
affects the common areas, the other Residence Unit, or
structural or architectural integrity of the entire property
shall be permitted without the mutual consent of all Owners.
2.4 Each Owner shall keep the interior of his
Residence Unit, including, without limitation, interior
walls, windows, glass, ceilings, floors and permanent
fixtures and appurtenances thereto, in a clean, sanitary
and attractive condition, and good state of repair.
2.5 Each Owner shall be solely responsible for
obtaining and paying for all insurance, including fire, on
the furnishings within said Residence Unit, and other items
of personal property, and for casualty and public liability
insurance covering the Residence Unit to which he has exclusive
use, No Residence Unit or Common Areas shall be occupied or
used for any purpose or in any manner which shall cause a
Building or any Residence therein to be uninsurable against
loss by fire or other perils of the extended coverage
casualty insurance, or cause any policy or policies repre-
senting such insurance to be cancelled or suspended or the
company issuing the same to refuse renewal thereof,
2,6 Neither Residence Unit shall be used in any manner
that will interfere with the enjoyment of occupants or the
other Unit or annoy them by unreasonable noises or otherwise,
nor sha,ll any nuisance, or immoral or illegal activity, or
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activity in violAtion of the Coven~nt~fo~ WE~T ASPEN
~DBDrvIsroN be committed or, permitted to occur in Any
Residence Unit or common' Area.
2.7 The Common Areas shall be improved and used
only in accordance with rules promulgated by the Board of
Governors which Common Areas may include, but are not limited
to Ii) vehicular parking, (ii) vehicular and pedestrian move-
ment on the Common Areas, including ingress to and egress
from the Residence units in the Building, (iii) recreational
uses subject to rules established by the Board, and (iv)
beautification of the property, A non-exclusive easement for
ingress, egress, and support throughout the Common Areas
is and shall be appurtenant to each Residence Unit, and the
Common Areas are and shall be subject to such easement. No
owner of a Residence Unit shall park his vehicle in such a
manner as to interfere with another owner's use of the common
driveway,
2,8 No activity shall be carried on in the Common
Areas which shall be contrary to the rules and regulations
adopted by the Board of Governors,
2.9 Each Owner shall be legally liable to the Board
of Governors for all damages to the Common Areas or to any
improvements thereon or thereto caused by such Owner, his
guests, or any occupant of such Owner's Residence Unit,
2.10 Some of the Common Areas are or may be located
within the Residence Units or may be conveniently accessible
only through the Residence Units, The Owner of the other
Residence Units shall have the irrevocable right, to be
exercised by a member of the BOard of Governors as his agent,
to have aCcess to the 'other Residence Unit and to all Common
Areas from time to time during such reasonable hours as may
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be necessaXY for the ~p~nten~nce, repA~r or replqcement of
any of the Common AreqS ,located therein or accessible there~
from or for making emergency repairs therein necessary to
prevent damage to the Common ~reas or to the other Residence
Unit. The Board of Governors shall also have such right
independent of any agency relationship, Damage to the
interior of any part of ~ Residence unit resulting from the
maintenance, repair, emergency repair or replacement of any
of the Common Areas or as a result of emergency repairs
within another Residence Unit at the instance of the Board
of Governors or of an Owner shall be an expense of all the
Owners; PROVIDED, HOWEVER, that if such damage is the
result of negligence of an Owner, then such Owner shall be
financially responsible for all of such damage, Such
damage shall be repaired and the property shall be restored
substantially to the same condition as existed prior to
damage. Amounts owing by Owners pursuant hereto shall be
collected by the Board of Governors by assessment pursuant
to this Declaration.
2.11 The Common Areas shall be owned in common by
all the Owners of Residence Units, and no Owner shall bring
any action for partition thereof.
III, BOARD OF GOVERNORS
3,1 The Board of Governors, consisting of three (3)
persons, shall constitute the management body of the property,
and be vested with the rights, powers and duties hereinafter
set forth,
3,2 Each Owner sh~ll be a member of the Board of
Governors; PROVIDED, HOWEVER, that if there is more than one
Owner having the right to the exclusive use of a Residence
Unit, they shall, amongst themselves, select which one of
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them shall be on the Board of Governors SO that each
Residence Unit shall have only one representative on the
Board of Governors, In addition, the two (2) Owner Governors
shall choose between themselves a third person who shall
not be an Owner, which said person chosen shall be the
third Governor. The Owner Governors shall not receive
any compensation for the performance of their services as
Governors but shall be entitled to reimbursement for out-
of-pocket expenses expended in such performance. The Non-
Owner Governor shall be compensated for his services in
such amounts as shall be determined by the concurrence of
the Owner Governors and shall likewise be entitled to
reimbursement for out-of-pocket expenses.
3.3 LARRY P. MELNICK shall be the initial Owner
Governor. If a Residence Unit is sold, the new Owner thereof
shall automatically replace the selling Owner on the Board of
Governors with respect to such Residence Unit.
3,4 Both of the Owner Governors shall constitute a
quorum for the transaction of business, There shall be
required a majority vote of Governors present at any meeting
of the Board to constitute a decision of the Board as to the
question voted upon. Except as provided for in Article 3.5,
it shall be necessary that both Owner Governors be present
at a meeting of the Board to constitute a valid decision
of said Board, unless an Owner Governor has received at
least thirty days written notice of a Board Meeting, and
does not thereafter appear. In the event of non-appearance
by an Owner Governor who has been given the requisite notice,
then a majority vote of the Governors present at the meeting
shall constitute a decision of the Board as to the question
voted upon.
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3.5 Any action permitted to be taken by the Board
may be taken without a, meeting of the Board if both the
then.,--extst;i.ng Owner Goye,l;AO:l;'S shaU consent ;in writing to
sucha,ctton.
IV. POWERS O;F BOARD OF GOVE~NO:R.S
4.l The Board has a,nd shall have the following
responsibilities, rights and powersl
(a) To elect from among the Governors a Chairman
and Secretary, to fix their respective powers and duties,
and to establish rules and regulations not inconsistent
herewith relating to notices of Board meetings and other
matters relating to the conduct of Board meetings. The
offices of Chairman and Secretary may not be combined and
shall be held only by Owner Governors.
(bl To adopt rules not inconsistent with the
provisions of this Declaration, or the Protective covenants
for WEST ASPEN SUBDIVISION, including, but not limited to,
rules and regulations relating to the use of and activity
on the Common Areas,
(c) To maintain bank account(s) for funds
coming under control of the Board.
(d) To levy assessments and otherwise act as
set forth in Article V below.
(e) To enforce the provisions of this Declara-
tion; PROVIDED, HOWEVER, such right to enforce the provisions
of this Declaration shall not be construed to prohibit the
right to enforce this Declaration by any individual Owner,
his successors or assigns,
(fl To contract and pay for and maintain
fire, casualty, liabil;i.ty a,nd other tnsura,nce covering the
property as a wholetn a,mo-unts as determined by the Boa,rd,
if both Owners agree that the property shall be insured as
a whole rather than as individual -units each insured by
the respective Owner thereof. Each policy covering the
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property as a whole shall recite each of the Owners as
named insureds, as their interests appear. Said insurance
covering the property as a whole shall not be in an amount
less than the full replacement value of the improvements
located on the property, If it is decided that each Owner
will be responsible for the maintenance of fire, casualty,
liability and other insurance on his respective Residence Unit,
then each Owner shall be responsible for providing the other
with a current and true certificate of insurance indicating that
the Residence Unit is fully covered in accordance with the terms
hereof.
(g) Subject to the rights of the Owners set forth in
this Declaration, to manage and control the Common Areas and
all improvements thereon (including furnishings and equipment
related thereto), and shall keep the same in good, clean,
attractive and sanitary condition, order and repair; PROVIDED,
HOWEVER, that each Owner shall keep the Limited Common Areas
designated for use in connection with his Residence Unit in a
good, clean, sanitary and attractive condition. The Board of
Governors shall be responsible for the maintenance and repair
of exterior surfaces of the Building, including, without limi-
tation, the painting of the same as often as necessary, the
replacement of trim and caulking, the maintenance and repair of
roofs, the maintenance and repair of other Common Areas, includ-
ing utility lines and all other improvements or materials located
within or used in connection with the Common Areas, The
specification of duties of the Board of Governors with respect
to particular Common Areas shall not be construed to limit its
duties with respect to other Common Areas.
(h) To obtain and pay for the services of any
person or entity to manage its affairs, or any part thereof,
to the extent it deems advisable, as well as such other
personnel as the Board of Governors shall determine to be
necessary or desirable for the proper operation of the
property, whether such personnel are furnished or employed
directly by the Board or by any person or entity with whom
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OX with~t contracts. The BOq~d ~aY obt~~n and PaY for
lega), and accounting i?ervices necessar.y.or des;trable in
connection with the operation of the property or the enforce-
ment of this Declaration. The Board may arrange with others
to furnish lighting, heating, water, trash collection,
sewer service and other common services to each Residence
Unit.
(i) To pay the taxes which would be a lien upon
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the property and to make the payments of principal and
interest and any other indebtednesses as the same may from
time to time become due under any deed of trust covering the
property, and to pay and discharge any lien, encumbrance or
assessment levied against the property.
v. ASSESSMENTS BY BOARD OF GOVERNORS
5.1 The Board of Governors shall have the right and
power to make from time to time reasonable assessments
upon each Owner to meet anticipated expenditures for common
expenses authorized by the Board. Except as otherwise
provided herein, each Owner shall be assessed separately and
in an equal amount. Assessments may include, but are not
limited to:
(a) 'Payment for all Common Area utilities;
(b) General taxes and assessments;
(c) Insurance premiums for insurance covering
the property;
(d) Maintenance and repair of the exterior
surfaces of the Building and Common Areas; and
(el Payment for assessments levied against
the property by any neighborhood or subdivision Homeowners
Association,
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5,2 Written notices of such aSsessments shall be
deposited in the United iJtates ;mail" postage prepa.id,
addressed to e~ch Owner. Such aSsessments shall be a lien
on the Owner"s interest in the property and the Residence
Unit which the Owner has the exclusive right to use, superior
and prior to all mortgages thereon save and excepting a valid
first mortgage or deed of trust, and a personal and individual
obligation of the Owner from the date such assessment is
made. Such assessment shall bear interest at the rate of
eighteen percent (18%) per annum from and after the due
date thereof established by the Board. The amount of any
such assessment, together with said interest, costs and
reasonable attorneys' fees in the event enforcement is
commenced, shall be and become a lien as provided herein-
above when the Board causes to be recorded with the County
Recorder of Pitkin County a notice of assessment, which shall
state the amount of such assessment and the aforesaid interest,
costs, and reasonable attorneys' fees, the name of the Owner,
a description of the Owner's interest and the Residence Unit
which he has an exclusive right to use, Upon payment of
said assessment and charges in connection with which such
notice has been so recorded, or other satisfaction thereof,
the Board shall cause to be recorded a further notice
stating the satisfaction and the release of the lien thereof.
Unless sooner satisfied and released or the enforcement
thereof initiated as hereafter provided, such lien shall expire
and be of no further force or effect six months from the
date of recordation of said notice of assessment; PROVIDED,
HOWEVER, that said six-month period may be extended by the
Board for not to exceed an additional six months by recording
a written extension thereof, Such lien may be enforced
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by sale by the Board, its attorney or other person
authorized by the Board to make the same; such sale to be
conducted in any manner permitted by law, The Board shall
have the power to bid in the interest of the Estate of the
defaulting Owner at foreclosure sale and hold, lease,
mortgage and convey the same in the name of the Board of
Governors. Copies of any notices under the foregoing
subparagraph shall be sent, postage prepaid, to all first
mortgagees of affected real property interests under this
Declaration,
5.3 Nothing herein contained shall prohibit anyone
or more of the Owners from advancing to the Board sufficient
money to enable the Board to meet its commitments as herein
described and to make up a deficit arising from the default
of another Owner hereunder. Such advances shall be made
on such terms and conditions as the Board shall determine
and in no event shall such advances in any way affect the
lien in favor of the Board arising by reason of such
delinquency as hereinabove provided,
5.4 Neither Owner, his successor, or assigns, may
exempt himself from liability for his contribution towards
the common expenses, as assessed by the Board, by waiver of
the use and enjoyment of any of the Common Areas, or by
abandonment of his interest in the property or the Residence
Unit which he has an exclusive right to use,
VI, RIGHT OF FIRST REFUSAL
6.1 In the event that any Owner desires to sell his
interest in a Residence Unit to a third party (exclusive of a
spouse, child, natural or adopted, or any other member of the
Owner's immediate family by or otherwise) and receives a bona
fide offer to purchase his interest in the property, such Owner
shall give written notice of such proposed sale or assignment to
any person currently renting such unit under a written, valid
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and effective lease agreement, there being no defaults there-
under of any sort on the part of such tenant, which said
written notice, being a true copy of sqid offer, shall state
the terms and conditions, purchase price and the name of the
proposed purchaser or assignee of the proposed sale or
assignment. Such tenant shall have a period of ninety
(90) days after the giving of such notice to purchase
and acquire the interest of the selling Owner upon the
terms and conditions and for the purchase price as set
forth in said notice. If such tenant does not exercise
such right to purchase, the selling Owner may then sell
or assign his interest in the property to the person and
upon the same terms and conditions and for the price as
set forth in said notice, further provided, however, that
the other Owner shall likewise be entitled to the same right
of first refusal and the right to exercise same within
twenty (20) days after the expiration of the tenant's
primary right, subject to all of the same conditions and
exceptions as are aforesaid.
6.2 In no case shall the right of first refusal
reserved herein affect the right of an Owner to subject
his interest in the property to a trust deed, mortgage or
other security instrument. The right of first refusal
as provided herein shall extend and run for the lives of
LARRY P. MELNICK and his now living descendants, and the
survivor of them, plus twenty-one years.
6,3 In the event of any default on the part of any
Owner under any first mortgage which entitles the holder
thereof to foreclose same, any sale under such foreclosure,
including delivery of a deed to the first mortgagee in
lieu of such foreclosure, shall be made free and clear of
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the provisions of Article 6.1, and the purchaser, or
grantee under such deed in l~eu of foreclosure of such
interest shall be thereupon and thereafter SUbject to the
provisions of this Declaration,
If the purchaser fOllowing
such foreclosure sale, or grantee under deed given in lieu
of such foreclosure, shall be the then holder of the first
mortgage, or its nominee, the said holder or nominee may
thereafter sell and convey the interest free and clear of
the provisions of Article 6.1, but its grantee shall there-
upon and thereafter be subject to all of the provisions
thereof.
If the Owner can establish to the satisfaction
of the Board of Governors that a proposed transfer is not
a sale, then such transfer shall not be subject to the
provisions of this Article.
6.4 Upon written request of any prospective purchaser,
or other interested party, the non-selling Owner or tenant
shall forthwith, or where time is specified, at the end of
such time, issue a written and acknowledged certificate in
recordable form, evidencing that proper notice was given by
the selling Owner, and that the tenant or non-selling Owner
did not elect to exercise his right of first refusal to purchase.
VII. ENFORCEMENT
7.1 The covenants, conditions and restrictions set
forth in this Declaration constitute a general scheme for
(i) the maintenance, protection and enhancement of value
of the property and the Residence Units contained therein,
and (ii) the benefit of all Owners. Said covenants,
conditions and restrictions are imposed on the entire property
for the benefit of the present and future Owners thereof,
Said covenants, conditions and restrictions are and shall
be covenants running with the land or equitable servitures,
as the case may be,
-15-
"" "
"" ,~"
7,2 The breach of any of the said covenants,
conditions or restrictions may be remedi,ed and enforced by
appropriate legal proceedings by (i) any owner, (ii) the
Board, or (iii) the Mortgagee under any real property
mortgage or beneficiary under any deed of trust given for
value, all of whom are hereinafter collectively referred
to as "enforcing person (s) " . Damages at law for any such
breach are hereby declared to be inadequate,
7.3 The result of or condition caused by any
violation of any of said covenants, conditions or restrictions
is and shall be a nuisance, and every remedy in law or
equity now or hereafter available against a public or
private nuisance may be exercised by any enforcing person,
7.4 The remedies set forth herein for breach of said
covenants, conditions and restrictions shall be cumulative,
and none of said remedies shall be exclusive.
7.5 The failure to enforce any of said covenants,
conditions or restrictions shall not constitute a waiver of
the right to enforce the same thereafter.
7,6 In the event litigation shall be commenced to
enforce any of said covenants, conditions or restrictions,
such enforcing person, if he prevails in such litigation,
shall be entitled to have judgment for and recover from
any defendant (other than nominal) in such litigation
such attorneys' fees as the court may adjudge reasonable
and proper,
VIII. DAMAGE OR DESTRUCTION OF THE PREMISES
8.1 In the event of damage or destruction due to a
fire or other disaster, the insurance proceeds, if sufficient
to reconstruct the damaged portions of the Building, shall be
promptly applied by the owners or by the Board of Governors,
whichever is appropriate, to such reconstruction,
-16-
~""
,~,...,.
8.2 If the insurance proceeds are insufficient to
repair and reconstruct the damaged portions of any part or
all of the Building, the Board of Governors will immediately
appoint an independent appraiser to determine the percent of
the Building and/or of the respective Residence Units con-
tained therein, which have been damaged or destroyed by
the fire or other disaster, including, if possible, a
determination of the relative percent of damages or
destruction occasioned to each Residence Unit respectively,
If not more than sixty (60) percent of the Building as a
whole (including both Residence Units) has been destroyed
or damaged, such damage or destruction shall be promptly
repaired and reconstructed by the Board of Governors,
using the proceeds of insurance and assessments made
against the Owners, unless a percentage determination is
possible as between the damage or destruction occasioned
to each of the two Residence Units, in which event each
Owner shall be responsible for accomplishing such repairs
and reconstruction.
If such sixty (60) percent or less
damage or destruction applies exclusively to one or the
other of the Residence units contained within the Building,
then the Owner thereof shall be responsible for the prompt
repair and reconstruction of said unit, using the proceeds
of his insurance or any other funds required in order to
fulfill such responsibility,
In connection with damage or
,
destruction to the Building as a whole, not exceeding
sixty (60) percent thereof, any assessments required
will be a common expense and assessed equally amongst the
Owners, The assessment provided for herein shall be a
debt of each Owner and may be enforced and collected as
provided in Article V.
-17-
"'-..,
....".-.,.,
/
8,3 If the above~mentioned appraiser determines that
more than sixty percent l60%l of the Building has been
destroyed, and if a majority of the Board of Governors
does not reach an agreement to reconstruct the premises
within ninety 1901 days following delivery of such
appraiser's report, the property shall be sold, free and
clear of provisions in this Declaration, and the cost will
be divided pro-rata among the parties, and the proceeds
of the sale and insurance settlements will be equitably
distributed in the following order:
(a) For payment of the balance of the lien of
any first mortgage;
(b) For payment of taxes and special assessment
liens, in favor of assessing entity;
(c) For payment of unpaid common expenses;
(d) For payment of junior liens and encumbrances
in the order of and to the extent of their priority; and
(el The balance remaining, if any, shall be paid
to the Owners.
8.4 If the above-mentioned appraiser determines that
more than sixty percent (60%) of the Building has been
destroyed, and a majority of the Board of Governors agree to
reconstruct same, and all of the First Mortgagees so approve
the plan for reconstruction, then both Owners shall be
bound by the terms and provisions of the plan. Any assess-
ment made shall be a common expense, divided pro-rata
between the Owners. The assessment provided herein will
be the debt of each Owner and may be enforced as provided
in Article V,
IX, INDEMNITY AND HOLD HARMLESS AGREEMENT
Nothing contained in this Declaration of Restrictions
shall authorize any Owner or any person dealing through, with
-18-
,
or under any Owner to charge, encumber or alienate the
general common elements or any other Residence Unit other
than that of such Owner.
Furthermore, each Owner shall hold every other
Owner harmless and protect from, and shall indemnify every
other Owner his heirs, administrators and assigns, for, any
and all liability, and/or loss, and/or damages, and/or
expenses of whatever kind or nature, including attorney and
counsel fees, arising before or after the date hereof,
resulting from any claims, demands, costs, judgments, liens
or encumbrances asserted by any individual or individuals,
any holder or business entity, their transferees, assigns,
heirs, executors, or legal representatives, against any
Owners' interest made for any reason, including, but not
limited to, labor performed, or against the property by virtue
of the actions-or failure to act by any Owner which adversely
affects the interest, title or right to possession in any
manner of' the Owner,
At the written request of any Owner or any mortgagee,
the Board of Governors, or if it shall not diligently proceed
then the other Owner, shall enforce such indemnity by
COllecting from the Owner from whom the charge, lien or
encumbrance is due, the amount necessary to discharge the
same and all costs incidental thereto, including reasonable
attorneys' fees, If not promptly paid the Board of Governors
or as provided above, the other Owner, may collect the same
in the manner provided herein for the collection of assess-
ments for the purpose of discharging the charge, claim,
demand, cost, judgment lien or encumbrance.
-19-
X. REVOC~TION OR AMEND~NT TO ANP PU~T~ON OrPECL~RATION
.. . .
J.Q.J. This DeCli'lration shall not be !:evoked no;!;" shall
any of the provisions herein be amended unless all of the
Owners of the property, as reflected on the real estate
records of pitkin County, ColoradQ, and all of the holders
of any mortgages appearing in such records and covering
or affecting an Owner "s interest in the property, consent
to such revocation or amendment.
10.2 The rights, obligations, conditions, easements,
restrictions, and limitations created by this Declaration
shall continue until this Declaration is revoked or terminated
in the manner provided herein. Each provision contained
herein which may be construed to be subject to the laws or
rules sometimes referred to as the rule against perpetuities
or the rule prohibiting unreasonable restraints on alienation
shall continue and remain in full force and effect for the
period o( twenty-one years following the death of the survivor
of LARRY P. MELNICK and his now living children or until
this Declaration is terminated as herein provided, whichever
first occurs.
XI. MISCELLANEOUS
11.1 In the event any covenant, condition, restriction
or provision contained in this Declaration is held invalid,
void or unenforceable by any court of competent jurisdiction,
the remaining portions of this Declaration shall, never-
theless, be and remain in full force and effect,
11.2 Where necessary for proper construction hereof,
the singular numbe;t;" shall include the plural, the plural
the singular, and the use of any gender shall be applicable to
all genders.
:-2,P.:
,?
;r,N WJ:'rNES::; WHEl\EQF I
executed by the Declarant
1977 .
STATE OF COLOR~DO)
) ss
County of pitkin)
"
thL~ Dec~tion haS. bee~ duly
this \~ dE\Y of" ~\( ./ ,
Declarant:
.l~~~~.~~\~~\c. .I
LA~Y P, MELNICK
The foregoing instrument was acknowledged before me
this'~~ay of~~\L , 1977, by LARRY P. MELNICK,
WITNESS my hand and official seal.
My Co~b"ion oxpiroo, ~~~
Notary Public
''':21-..:
-
-
.Inmes .I. Mollirn l~ :\ssn('iill(ls.IIIt~.
Real Estate Appraisers and Consultants
Scott M. Bowie
Asso-:iate Appraiser
AN APPRAISAL
OF
NELNICK DUPLEX
WEST ASPEN I LOT 40
ASPEN, COLORADO 81611
Narch 18, 1977
FOR:
Larry Ne1nick
The vnluJti(ln study and Certification \vhich folluws arc oxprc:;sly
subject to the assumptions. contingencies and limiting conditions ;]t~
tached. tfJgcther with any special limiting conditions specifically dis-
cussed in the report.
~
5
(Ik~{)n & Morse Building. 315 East HYmJlt Avenue, Aspen, COluf3do 81611. 303,9?5-8887
James J, Mollica, R.M,
Appraiser-Consultant
{1M
"
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-
/. "'\
;"
APPRAISAL REPORT
James I. Mollica, R.\l.
[x Residential
:-~ Condominium
!.: Other
March 18, 1977
Date
Proiccl, I,est Aspen
Unit ;-_:
Lot )(,
40 FiUn!> I
-r Ranch
Ypl:':
City:
Aspen
County, Pitkin
the intersection with
Bonita Drive.
Colorado
L(lcation:
1410-12 Sierra Vista; north of Sierra Vista opposite
State:
Present Owner of Record:
Larrv Melnick
Date Purchased, 4/74
Purchase Price: $10';.000
Deed Book: ? Sf, 1h44
Tax Valuation: S?.7 r190.
Tax District: IR
TaxRa~, $49.7179/$1000
Est AnnualTaxe" $1,361.78/1976
Estimated Monthly
Rentallncome: $1,000
Weekly in Season: $1,500
Quarterly Association
Due" NI A
NEIGHBORHOOD DATA: The subject is located approximately three miles west
of Aspen's central core where schools, churches, shoppings and entertainment are
available. Free bus service from near the subject link the neighborhood with the
commercial core and local ski areas. Views and golf course location makes the
neighborhood very popular with Aspen's permanent residents.
Trend of Neighborhood:
Up"ard
Zoning:
One and two family residential
PROJECT DATA:
Total No, of Units,
2
No, Built,
2
Yedr Started:
1970
AMENITIES: West Unit:
fabric; oversized tub in
attractive decorating.
Ne" applicances, new carpeting, Jenn-air grill; wall
master bath and custom ceramic tile; studio lighting;
BUILDING DATA:
7 years
Exterior: Quality:
Good
C d.' Good
on It IOn :
Age,
Exterior Construction;
Frame, brick veneer, tar and gravel roof, concrete foundation
Interior Construction:
Wood, crywall, thermopane windows, wall fabric
Desirable Layout: Yes Interior: Quality; Good-very good Condition: Good-very good
No. of Rooms: 4/4 No. of Bedrooms: 3/3 No. of B<lths: 2!r./1-3/4
Living Area, 1279/1279=2558 Carport 0 N/A
Garage I'l 2 car BdSf'men t Area:
West Unit: Porch and deck=350SF
Deck Area, East Unit: Porch = laundry, Yes Fireplace: 2 brick
95 SF
KITCHEN, Cabinets: Wood Ovcn.Rangc: 2 ___,_ Dishwdsher: 2
Disposal:
2
Othe" Jenn-air grill
BATHS, F100" Carpet/vinyl
Tub Recess: Ceramic
.Showers, 2-2 oVer Tubs: 3
Heat:
mlllB - Gas
Hot Water ,7 5 galplumbing, Copper
EIt.'Ctrica! System: Romex
ROOf Covering:
CarDet
InteriorV\'alls: Dry\vall; \vallpapcr; fabric
Parking:
2 car 2:ara2.e
Highest & Best Use:
Duplex
Lncatinn of Unit in Building:
N/A
LandSi7P, 16,004 SF
Commentsnn Special Features, Marketability, Rl'rairs, anJView: \-lest unit of subject is in immaculate
:ondition and attractively decorated. East unit nceds minor repair and maintenance (e.g.,
lath caulking, vinyl floor repair, paint touch up, particularly ill master bath). In addition
,ast unit has no rear deck and carpeting may need to be replaced in the near future. These
features of east unit r.Jentioned here are not expected to detract from marketability but are
Jjscussed in order to differentiate between the quality of the two units.
C
COST M'PROAClI TO V AWE
/"',
"-,,,.pi
Reproduction Costs:
445
living .lft'.l <itS 38 per sq. ft.
basement alS per sq. f1.
carr0rt 10
barage at $ pefsq. ft.
&
decki p.ltio al$ 5 per sq. ft. =
$ 97,204
$
~ 4,620
$ 2,225
S 104,049
2558
('('7
ESTlMA TED REPRODUCTION COSTS NEW,
Depredation and Obsolescence:
Economic
S (6.243)
~ -O-
S -O-
S -0-
-$ (6,243)
$ 97,806
S 75,000
WHOLE PROPERTY S 172,806
Physical Effective age 3 years at 2%/yr = 6%
Functional
Deferred Maintenance
TOTAL ESTlMA TED DEPRECIATION,
DEPRECIATED V AWE OF IMPROVEMENTS
Land and Amenities (Contributory Value) *
INDICATED VALUE BY COST APPROACH OF
*This value includes landscaping, driveway, and
sprinkler system.
Say'
S 173 . 000
MARKET DATA APPROACH TO V AWE
1*
Distance from Subject:
Unit 0
Lot # []( 80
4 miles
Date:
Closed 1/77
November 1976 U.C.
Sale #
Project:
Mountain Valley II
Land Size, 21,763 SF
Living Area, 1,968 SF
Time Adjustment, l%/mo +$7,000 Current Value, $184,500
Carport [J
Deck, Yes Garage 0 None Basement, None
Price, $177 ,509
Type: OV~T'/llnrlpr nnplpx
Age, 1971
Furniture, N/ A
No. of Rooms:
1(,
No. of Bedrooms:
8
No, of Bath"
4
Price per Room, $11. 531
Price per square foot: $46
Buyer: Hershev
Seller, Hennig
Deed Book,
323
Page Number:
909
Verinedby, Buyer
Comparison, Sale 1, though significantly larger than the subject is of similar duplex
configuration and is located on a lot of comparable value. Other than size, only the subject's
garage and the superior appeal of a side by side arrangement require adjustment. A total
negative adjustment of $12,000 is considered appropriate.
li'mICA TED V AWE OF SUBJECT BY COMPARISON
S 172,500
Value of the subject as a whole
property.
c
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.,J
Sale.
2
Distance from Subject: 300 yds Date:
October 1976
f'r\'lcct
Snowbunny II
Unit -
Ill! II X 17 Land SiL~:
1/3 acre approx.
Price:
$140,000
Tlmt:' Adlu<;tTnent: l%/mo +$7-,--000 Currt.'nt Valup;
$147,000
lj\"ing Arl'.):
2,670 SF
Carport
Dl'tk Ye_~..____ Cara}'.t.' X ~_~a~__ B..lsement: None
Tvpe, Over lunder duplex
Age:
1972
Furniture: N/ A
No. of Bdth~:
4
;,\\l, of Rtltlnl';':
9
~__ ~n. pt fh.Jrooms:
5
Pnct' rer J{(I(lm .
$16,]]1"
._ $"5_,_____
Pncepl'r sq II Jft' foot ~__
Buyer:
SM & J Corp.
Seller,
Heuer
Deed Book,
317
Page Number;
807
Verified by:
Broker
Comparison, Sale 2 is located in a small subdivision near the subject on a lot
of inferior value. Although the east unit of the subject duplex is similar in design and
condition to the units of this sale, the interior quality of the subject's west unit re-
quires upward adjustment. In addition, the subject's superior side by side duplex
layout reflects a slightly higher value. Total upward adjustment of $30,000 is warranted.
I!'.'DICA TED \' AWE OF SUBJECT BY COMPARISON
S 177,000
Value of subject as a whole property.
Project:
3* Distance from Subject, 300 yards Date, __March 1977
Unit 0 Unit 102
Snowbunny II Lot # 5<: 7 LaNei&e La.EJ.E.- Land Size, 1/3 acre approx.
Sale #
Price: $93.700 Time Adjustment: -0-
1465 None Carport c: None
Uving Area: Deck, Garage c-:;
Type, Is duolex - side/side Age, 1965
Current Value, $93,700
Basement: None
Furniture: N/A
No, of Ro()ms.
4
No. of Bedrooms:
3
No,ofBath" 1-3/4
Price per Room, $23,425
Price per squ2re f00t:
$64
Buye" Porter
Under contract
Page Number:
Selle"
Hecht
Deed BooL
Verified oy:
Buyer
Compari;on, This sale (sold without commission) with partially finished family room,
sits on an inferior lot. Its interior appeal and condition is superior to that of the east
one-half of the Melnick duplex and inferior to the west. Slightly larger size of this sale
is offset by the subject's garage and deck areas. Value of each of the subject units by
comparision is:
INDICATED \' AWE OF SUBJECT BY COMPARISON
East \:
\Vest \:
$
$100,000
$110,000
SUMMARY -MARKET DATA APPROACH TO V AWE
See following page for sales 4 and 5 and summary of market data.
NOTE: Sales I and 2 are chosen to reflect market value of the subject in its
present unsubdivided state.
Sales 3, 4, and 5 are selected as indicators of value for the subject units
if condominiumized and sold under separate title.
INDICATED V AWE BY MAI{KET DATA APPROACH
S
Sale"
4
".....
'-
Di..tance from Subject: 300 vds
Unit ~=
lc't. X -.lQ-.l'2L
"'"'
~
Date, November 1976
Prnjt'ct.
Snowhnnny I
land Size, 1/3 acre approx,
Pme $94,000
TimeAdjustment. l%/mo +$4,000 Current Value:
C ' + carport
arport : .
Garage ~x 1 car
$98,000
U"ing Area, 2026
Basement:
None
Ot'~k:
Yes
T"pe, l,; duplex side/ side
Age
1974
,ur",lure, N/ A
~o_ (11 HO(lms:
6
r\ 0, of Bedrooms:
4
r\o. of Baths:
3
Price per Room, $16,333
Price per SqUilrt.' fun t. $48
Buye" Edlin
Selle" Jenkins
Deed Book, 318
Page Number.
893
Verified by:
Broker
Comparison, Sale 4 is significantly larger than either subject units but sits on
an inferior Snowbunny subdivision lot, features that, in our opinion are offsetting.
Condition of this sale is similar to that of the east unit and inferior to the west.
Value of each of the subject units by comparison is:
INDICATED V AWE OF SUBJECT BY COMPARISON
East ~: $ 98,000
West ~: $108,000
$
Sale,
5
Distance from Subject:
Unit 0
Lot # EX
300 yds
Date:
Closed 3/77
December 1976
Project:
West Aspen I
23 (~)
Land Size:
17,918 SF
Price:
$102,000
Time Adjustment: l%/mo +$3,000 Current Value: $105,000
Carport C':
Garage ex 1 car
Yes
Basement: None
Uving Area, 1500
Deck,
Type,
2 storv ~ side/side
Age: 1971
Furniture, N/ A
No. of Rooms:
5
No,.of Bedrooms:
3
No. of Baths:
2
Price per Room:
$21. 000
Price per square fooL ~O
Buyer:
Collen
Selle"
Brinkman
Deed Book: 32 S
Page Number:
563
Verified by, Seller
Comparison: Sale 3 sold direct without commission. It sits on a very desirable
golf course lot with views slightly superior to the subject, Two story layout of the sale
is superior to either subject unit, however quality and good condition of the west unit
offsets this feature. East unit requires upward adjustment for the sale's two level
design. Value of the subject units by comparision is:
IJ\'DICA TED V AWE OF SUBJECT BY COMPARISON
East ~:
West ~:
$
$ 98,500
$108,500
SUMMARY -MARKET DATA APPROACH TO VALUE
Sales 1 and 2 indicate a value of the subject In unsubdivided present condition. Sale 1,
though most similar to the subject in appeal and quality, is located in another area and is
given least weight. Sale 2 is most similar in location and size and is given primary
emphasis in directing us toward a value from near the top of the range.
Sales 3, 4, and 5 reflect a value for the subject units in subdivided state. All three sales
are similar in one half duplex, sid" by side layout and reflect a narrow range in adjusted
values. Slightly inferior condition of the east unit and lack of deck areas direct us to
select a value from the lower range.
Superior quality and appeal of the west unit directs a value from near the top of the range.
$ 175,000 Whole property
INDICATED V AWE BY MARKET DATA APPROACH
5
93,000 East Unit
110,000 West Unit
c
'"
,",/
CONCLUSION AND CORRELATION
Cost Approach to Value
Market Data Approach to Value
CONTINGENT UPON BELOW EXPRESSED CONDITIONS:
s
173,000
175,000
Whole
Propert)
West Unit
East Unit
s
$
$
110,000
98,000
Lack of available building sites as an alternative to a potential buyer directs that
we give secondary emphasis to the cost approach. However it is a useful guide to
value.
The market data reflects the actions of buyers of whole and subdivided duplex
property and is, therefore, given most weight in this appraisal.
As a result of my appraisal and analysis, it is my opinion that the Fair Market Value of the subject property. as a
whole, in its present condilion, as of March 18, 1977 is:
$175,000
110,000
98,000
Whole Property
West Unit of Duplex
East Unit of Duplex
March 18, 1977
Date
...~,,-r'/~O<'" ._
,J es J. ~ Ilica, R,M,
. spen:-;}.2olorado
~~
(I
~
Scott M. Bowie
Associate Appraiser
NOTE:
Values of individual units are contingent
of the whole property in conformance with
regulations.
upon successful subdivision
City planning and zoning
-
'-"
,,,","I
....,j
Sketch of Subject
10'
25
49' I Porch
. 2'1 I
I
30' One Level
3' , 27'
5' - I- Open Porch
101:1' Garage
22'
101:1' Garage I
,
10' 6~ - _Open Porch
, 27'
3
, Deck .'
30'
I
One Level
I
I
I .
Porch
8'
8'
231:1'
10'
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by any Owner or any Mortgagee, prospective Mortgagee or bona
fide prospective purchasernf a Condominium Unit, the,
Association by its Managir; Agent, or by the Trcasure )f
the Association, shall issue a written statement settlng forth
the amount of the unpaid assessments, if any, with respect to
such Condominium Unit, the amount of the current quarterly
assessment and the date that such assessment becomes clue,
credit for advanced payments or prepaid items, including, but
not limited to, an Owner's share of prepaid insurance premiums,
which statement shall be conclusive upon the !\ssociation in
favor of persons who rely thereon in good faith. Unless such
request for a statement of account shall be complied with
within twenty days, all unpaid assessments which became due
prior to the date of making such request shall be subor-
dinate to the lien of a Mortgagee which acquired its interest
subsequent to requesting such statements. Where a prospective
purchaser makes such request, both the lien for such unpaid
assessments and the personal obligation of the purchaser
shall be released automatically if the statement is not
furnished within the twenty day period provided herein,
provided the purchaser subsequently acquires the Condominium
Uni t.
7.8 Personal Liability of Purchaser for Assessments. Subject
to the provisions of Section 7.8, a purchaser or transferee of
a Condominium Unit shall be jointly and severally liable with
the seller or transferor for all unpaid assessments against
the Condominium Unit up to the time of the grant or conveyance,
without prejudice to the purchaser's right to recover from the
seller the amount paid by the purchaser for such assessments.
7.9 Estoppel Certificate. Upon payment of a reasonable
fee not to exceed $20.00 and upon written request of any Owner
or any person with any right, title or interest in a Condominium
Unit or intending to acquire any right, title or interest in
a Condominium Unit, the Association shall furnish a writtcn
statement setting forth the amount of any Assessments, charges,
fines or penalties, if any, due or accrued and then unpaid with
respect to the Owner of the Condominium Unit and such Owner's
Guests and the amount of the assessments for the current fiscal
period of the Association payable with respect to the Condominium
Unit, which statement shall, with respect to the party to whom
it is issued, be conclusive against the Association that no
greater or other amounts were then due or accrued and unpaid.
VIII .
USE AND OTHER RESTRICTIONS.
8.1 Use of Residential Units. Each such Individual Space
shall be used for residential purposes only. No Individual Space
shall be used at any time for business or commercial activity
except that, subject to the rules and regulations of the Association,
the Owner may lease or rent his Individual Space for private
residential, living or sleeping purposes and Declarant, or its
nominee, may use one or more Individual Spaces as a model or
display unit and rent the same to members of the Public until all
Condominium Units owned by Declarant are sold.
The foregoing is subject to the lease restriction covenant
between Declarant and the City of Aspen contained in their
subdivision exemption agreement and providing that no residential
unit shall be leased for a period of less than six (6) successive
months; or, in the alternative, be leased more than twice for
short term periods within the calendar year (in addition to occupancy
by the owner or any lessee for a six (6) month lease term).
Short term means not more than fifteen (15) days.
-15-
,
by any Owner or any Mortgagee, prospective Mortgagee or bona
fide prospective purchasF,r of a Condominium Unit, t-'~,
Association by its Mana" ,!g Agent, or by the Treasu. ~r of
the Association, shall issue a written statement setting forth
the amount of the unpaid assessments, if any, with respect to
such Condominium Unit, the amount of the current quarterly
assessment and the date that such assessment b"comes due,
credit for advanced payments or prepaid items, including, but
not limited to, an Owner's share of prepaid insurance premiums,
which statement shall be conclusive upon the Association in
favor of persons who rely thereon in good faith. Unless such
request for a statement of account shall be cOlllplie<.l with
within twenty days, all unpaid assessments which became due
prior to the date of making such request shall be subor-
dinate to the lien of a Mortgagee which acquired its interest
subsequent to requesting such statements. Where a prospective
purchaser makes such request, both the lien for such unpaid
assessments and the personal obligation of the purchaser
shall be released automatically if the statement is not
furnished within the twenty day period provided herein,
provided the purchaser subsequently acquires the Condominium
Unit.
7.8 Personal Liability of Purchaser for Assessments. Subject
to the provisions of Section 7.8, a purchaser or transferee of
a Condominium Unit shall be jointly and severally liable with
the seller or transferor for all unpaid assessments against
the Condominium Unit up to the time of the grant or conveyance,
without prejudice to the purchaser's right to recover from the
seller the amount paid by the purchaser for such assessments.
7,9 Estoppel Certificate. Upon payment of a reasonable
fee not to exceed $20.00 and upon written request of any Owner
or any person with any right, title or interest in a Condominium
Unit or intending to acquire any right, title or interest in
a Condominium Unit, the Association shall furnish a written
statement setting forth the amount of any Assessments, charges,
fines or penalties, if any, due or accrued and then unpaid with
respect to the Owner of the Condominium Unit and such Owner's
Guests and the amount of the assessments for the current fiscal
period of the Association payable with respect to the Condominium
Unit, which statement shall, with respect to the party to whom
it is issued, be conclusive against the Association that no
greater or other amounts were then due or accrued and unpaid.
VIII. USE AND OTHER RESTRICTIONS.
8.1 Use of Residential Units. Each such Individual Space
shall be used for residential purposes only. No Individual Space
shall be used at any time for business or commercial activity
except that, subject to the rules and regulations of the Association,
the Owner may lease or rent his Individual Space for private
residential, living or sleeping purposes and Declarant, or its
nominee, may use one or more Individual Spaces as a model or
display unit and rent the same to members of the Public until all
Condominium Units owned by Declarant are sold.
The foregoing is subject to the lease restriction covenant
between Declarant and the City of Aspen contained in their
subdivision exemption agreement and providing that no residential
unit shall be leased for a period of less than six (6) successive
months; or, in the alternative, be leased more than twice for
short term periods within the calendar year (in addition to occupancy
by the owner or any lessee for a six (6) month lease term).
Short term means not more than fifteen (15) days.
-15-
, ,"",
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MEMORANDUM
TO:
FROM:'
Aspen City Council
Rich~rd Grice, Planning Office
. '.....,:~' ,'~'''-~
....;. .
Melnick Du~~'-Subdivision Exemption
December 6, 1978
RE:
DATE:
This application requests exemption from the definition of sub-
division for the purpose of condominiumization of a duplex owned by
Mr, Larry Melnick which is located on Lot 40, West Aspen Subdivision,
Filing No, 1. The property involved is zoned R-15 and is located on a
legally subdivided lot which the owner wishes to divide into two
undivided interests, He would continue to own and occupy Unit 2
and the other, according to the application, he hopes to sell in the
near future to his present tenants, The application indicates that
Karen Troobnick is the present tenant of Unit 1. Karen has rented
this unit from the Melnicks for the past three years and at the present
time pays a monthly rent of $500 per month, plus utilities. She has
never had a written lease of any sort. She is the owner of Town and
Country Antiques and Uniques in the Mill Street Station, This application
was tabled at your October 23rd meeting due to some conflicting information,
Karen indicated to Mark Danielsen that there was no way in which
she could afford to purchase the unit at the current market price, however,
a letter was sent to City Council which was endorsed by Karen Troobnick
in which she indicated that she had no objection whatsoever to Larry
Melnick's request, That letter further stated that she did not want
Mark Danielsen or the Planning Office memos to be taken as an objection
on her part to the request when in fact, she felt that her ability or
inability to purchase the unit should have nothing to do with City
Council's decision to approve or disapprove the subdivision request,
Mark Danielsen still is of the opinion that the application has
not indicated minimum tenant displacement. Mark's recommendation for
denial stands unless an amiable solution is reached between the Troobnicks
and Mr, Melnick which results in a sales price which the tenants can
afford,
City Engineering has conducted a site inspection and reviewed the
improvements survey and at this time recommends approval without
condition,
We understand that Larry Melnick and Karen Troobnick will be in
attendance at this meeting next Monday. We hope that sometime prior to
Monday the Troobnicks and Melnick will reach an agreement between
themselves.
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~ITY OF ASPEN
130 SOUTH GALENA STREET, ASPEN, COLORADO 81611
MESSAGE
TO C~r.~a'r/ CE7~- J
/2e; ~'cI,v, E'xT'YI<pL (Me1V1'JcJ
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REPLY
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M E M 0 RAN DUM
TO: Dave Ellis, City Engineer
Mark Danielsen, Housing Director
FROM: Richard Grice, Planning Office
RE: Melnick Duplex, Subdivision Exemption
DATE: August 14, 1978
Dave, attached you should find a copy of the applicant's letter of appli-
cation dated May 4, 1977 and a copy of the improvement survey. Mark,
attached you should find a copy of the applicant's letter dated May 4,
1977 a copy of the improvement survey, and a copy of a letter dated August
3, 1978 in which attorney Tam Scott addresses Ordinance #53, This item
is tentatively scheduled for review by the Aspen Planning and Zoning
Commission on September 5, Written comments should be returned to the
Planning Office by August 30. Thank you.
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TO:
FRON:
DATE :
October 19, 1978
Aspen City Council
Mark A, Danielsen, Housing Director
RE:
Melnick Subdivision Exemption
This application for subdivision exemption originally
began as a request from Karen Trubnick to buy the unit
she was renting from Mr, Melnick, Th~ request was
made two years ago, at which time Melnick had the unit
appraised, finding the value to be $97,000; a price
which Karen and her husband could afford, He is one
of the owners of the Pub.
Two years later the application finally comes before
Council. Karen and her husband now share the uni t
with Karen's sister, who works at Antiques and Uniques
II, and their grandfather. Two years later it is
indicated that Melnick now wants the current market
value of the unit, which has appreciated some 20% each
year. Unfortunately, the Trubnicks income has not
appreciated at the same rate. The resulting market
price is now unaffordable to the Trubnicks, and any
sale would displace the four residents of the unit.
Based upon this new information, recommendation is
not for approval due to tenant displacement under
(old) Ordinance #53, or table the application until
an amiable solution is reached between the Trubnicks
and Melnick, giving them a sales price they can afford,
thus proving that there will be no tenant displacement
and preserving the original concept of the application.
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 181!5
ASPEN, COLORADO 81811
TELEPHONE (303) 92!5.121lS
August 15, 1978
Mr, Richard Grice
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Melnick duplex conversion
Dear Richard:
Per your request, I am enclosing copies of various
items indicating the earlier payment of the $50,00
subdivision exemption application fee by Mr. Melnick,
I think Larry may be sending up a copy of his cancelled
check(s) in this regard. If he does, I will send those
on too,
Also enclosed are five additional copies of
improvement survey of the subject property,
As discussed, my submission to you of the Mollica
appraisal was intended to indicate that the provisions
of Ord. No, 53, such as they are, would not seem to apply
to this application, Further, the fact that Mr. Melnick
hopes and intends to culminate an agreement with Karen
Troobnick for the purchase of Unit 1 (aside from her rights
of first refusal), which seem to indicate also that
Ord, No, 53 is not applicable to this application,
Would you let me know how your scheduling for a
rehearing before P & Z develops. I understand now that
September 19th is a tentative date. Perhaps, sometime
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October 20, 1978
Aspen City Council
130 South Galena
Aspen, Colorado 81611
Re: Melnick duplex
Dear Council:
I'm informed that, desflit.@ ~Eiel: P s.. Z :ilrr'V"l"\u""l,
the Planning Office now recommends denial of Larry
Melnick's request for subdivision exemption - based
~R~irely on Mark Danielsen's (Housing Director) latest
memorandum,
I have read the latest Danielsen and Planning Office
memos, discussed the matter with Tam Scott and want to
advise City Council that I have no objections whatsoever
to Larry Melnick's request, even if it turns out that
I (we) may be unable to afford the purchase price of
the unit, As a matter of fact, Larry and I have not
discussed sales price, etc, recently, and for all I know,
he may choose not to sell the unit to me or anyone else
for the time being, In any event, I would not want the
Danielsen or Planning Office memos to be taken as an
objection on my part as to this request, and personally
feel that my (our) problem (if any) with being able to
afford some unknown, undiscussed purchase price with Larry
ought not to be mixed up with his efforts to obtain sub-
divisic;n-approval for the duplex. Ll.~~ _ 1 . , ,
----
Thanks for considering these comments,
Yours very truly,
Karen Trubnick
,
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M EM 0 R A N'D U M
TO: Dorothy Nuttall, City Attorney
FROM: Karen Smith, Planning Office
RE: Melnick Duplex - Subdivision Exemption Application
DATE: June 20, 1977
At the Aspen Planning and Zoning Commission meeting on June 7th, question
arose concerning the Melnick Duplex Subdivision Exemption application.
Specifically, the applicant asserts that the nature of his proposed
division, that is, dividing the property into two undivided interests is
specifi ca lly excl udi ng from the defi ni tion of subdi vi s i on by Secti on
20--3(5)(8) of the Municipal Code.
I have attached the application letter with this request by the Planning
and Zoning that you del iver an opinion as to whether this conversion is
exempted from the definition of subdivision and therefore not subject
to the exemption procedure and requirements.
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~:- Hal Clark
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FITZHUGH SCOTT III
ATTOnUEY AT LAW
117 GOUTH CNtlNG fiTnE!T
POOT OrFICC [lOX 181d
ASPEN. COLOHAOO 01 C 11
"I'UtPHOrtU303J 920-1210
May 4 I 1977
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attn:
Mr, Hal Clark /'
./.;/
Re: Declaration of Restrictions for
Larry Melnick Duplex, Lot 40,
West Aspen Subdivision, Filing No, 1
Dear Hal:
Concerning the above item, I am enclosing
the Declaration of Restrictions, together with an
original and copy of a proposed Statement of Exemption.
The property involved is situated within West Aspen
Subdivision and is a duplex located upon a legally
subdivided lot which Larry Melnick wishes to divide
into two undivided interests, one of which he
would continue to own and the other, hopefully,
for sale in the near future, to his present tenant.
The effect and use of the existing duplex would be
no different as a result of this legal rearrangement,
Respecting the pertinent design requirements
which must be fulfilled pursuant to Section 20-17
of the Aspen City Code in order to entitle us to
an exemption under Section 20-19 of the Code, I
would advise as follows:
,
"
1, The subject property is on Sierra Vista
Drive (Nos. 1410-1412) which is an accepted city
street and complies with all the minimum classifica-
tions respecting widths, and grades.
MemorDndum
PDge Two
Junc~ 3. 1977
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1.
2.
Payment of the appropriDte pDrk dedication fee.
Restriction of use of the premises to a minimum
of six month terms.
3, A non-Dssignable 90 day right of first refusal
be given to the existing tenant to purchase the
unit at market value.
We suggest that you ask the City Attorney to review the declaration to
ensure that the 90 day notice and six month restriction therein provided
comply with Council's ordinance governing exemptions. If so, then record-
ing of the Declaration can satisfy conditions # 2 and 3.
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Aspen/pitkin Planning Office
May 4, 1977
Page 2
2, Sierra Vista Drive is an accepted road
by the City of Aspen which is surfaced and maintained
by it at regular intervals,
3, The property is serviced by and connected
to the City of Aspen Water Department and the Aspen
Metropolitan Sanitation District,
4, All requirements of Section 20-17 of
the Code of the City of Aspen relating to lot size
are met.
5, The Declaration contains the Right of
First Refusal with a 90 day notice period for the
benefit of the tenant. As a matter of fact, Karen
Troobnick is renting Unit No, 1 for the second year
in a row under a written lease agreement with Larry
Melnick, and they are currently diSCussing the
possibility of her purchasing the unit, That's
actually what prompted his interest in the conversion.
Actually, I personally believe as Sandy Stuller
does that Section 20-3 (5) (8) specifically excludes
this kind of "duplex conversion" from the definition
and application of a SUbdiVision, and that, technically
speaking, an "exemption" under Section 20-19(b) is not
required. However, discretion always being the better
part of valor in matters of our mutual concern, I
have decided to go along with the local game and,
therefore, humbly and respectfully ask that you con-
sider this matter an an official request for an exemption
from subdivision, reviewing it and bringing it up bcf()n~
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FRm1: Richard Grice, Planning Office
RE: Melnick Duplex - Subdivsion Exemption
ru\TE: September 14, 1978
The attached application requests exemption from the definition of subdivison
for the purpose of condominiumization of a duplex owned by t1r. Larry Melnick
which is located on lot 40, West Aspen Subdivision, Filing No, 1. The prop-
el'ty involved is zoned R-15 and is located on a legally subdivided lot which
the owner wishes to divide into two undivided interests, He would continue
to own and occupy unit 2 and the other, hopefully, he woul d sell in the near
future to his present tenant. The application indicates that Karen Troobnick
is the present tenant of unit 1. Karen has rented this unit from the Melnicks
for the past three years and at the present time pays a monthly rent of $500.00
pl~r month, pl us util iti es, She has never had a wri tten 1 ease of any sort. She
OIms and manages her Town and Country Antique Shop in the Mill Street Station.
C'ity Engineering has conducted a site inspection and reviewed the improvement
survey, Dave Ell i s recommends approval without conditi on,
The applicant has indicated his willingness to accept the right-of-first-
refusal/six month minimum lease/one hundred and eighty day relocation provis-
ions of Ordinance #53, With these conditions, the Planning Office recommends
approval.
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M E M 0 RAN DUM
TO: Dorothy Nuttall, Ci ty Attorney
FROM: Karen Smith, Pl anni ng Offi ce
RE: Melnick Duplex - Subdivision Exemption Application
DATE: June 20, 1977
fit the Aspen Planning and Zoning Corrunission meeting on June 7th, question
arose concerning the Melnick Duplex Subdivision Exemption application.
Specifically, the applicant asserts that the nature of his proposed
division, that is, dividing the property into two undivided interests is
specifically excluding from the definition of subdivision by Section
,~0-3(5)(8) of the Municipal Code.
I have attached the application letter with this request by the Planning
and Zoning that you deliver an opinion as to whether this conversion is
exempted from the definition of subdivision and therefore not subject
to the exemption procedure and requirements.
'Imk
enc.
GC: Hal Clark
..
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OrFICC BOX 181!5
ASPEN. COLORADO a 1011
TELtftHON..C3031 921:1-I2IG
May 4, 1977
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attn: Mr, Hal Clark~/
Re: Declaration of Restrictions for
Larry Melnick Duplex, Lot 40,
West Aspen Subdivision, Filing No. 1
Dear Hal:
Concerning the above item, I am enclosing
the Declaration of Restrictions, together with an
original and copy of a proposed Statement of Exemption.
The property involved is situated within West Aspen
Subdivision and is a duplex located upon a legally
subdivided lot which Larry Melnick wishes to divide
into two undivided interests, one of which he
would continue to own and the other, hopefully,
for sale in the near future, to his present tenant.
The effect and use of the existing duplex would be
no different as a result of this legal rearrangement,
Respecting the pertinent design requirements
which must be fulfilled pursuant to Section 20-17
of the Aspen City Code in order to entitle us to
an exemption under Section 20-19 of the Code, I
would advise as follows:
1. The subject property is on Sierra Vista
Drive (Nos. 1410-1412) which is an accepted city
street and complies with all the minimum classifica-
tions respecting widths and grades.
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May 4, 1977
Page 2
2, Sierra Vista Drive is an accepted road
by the City of Aspen which is surfaced and maintained
by it at regular intervals.
3, The property is serviced by and connected
to the City of Aspen Water Department and the Aspen
Metropolitan Sanitation District,
4. All requirements of Section 20-17 of
the Code of the City of Aspen relating to lot size
are met.
5. The Declaration contains the Right of
First Refusal with a 90 day notice period for the
benefit of the tenant. As a matter of fact, Karen
Troobnick is renting Unit No.1 for the second year
in a row under a written lease agreement with Larry
Melnick, and they are currently discussing the
possibility of her purchasing the unit. That's
actually what prompted his interest in the conversion.
Actually, I personally believe as Sandy Stuller
does that Section 20-3 (5) (8) specifically excludes
this kind of "duplex conversion" from the definitIon
and application of a subdivision, and that, technically
speaking, an "exemption" under Section 20-19(b) is not
required. However, discretion always being the better
part of valor in matters of our mutual concern, I
have decided to go along with the local game and,
therefore, humbly and respectfully ask that you con-
sider this matter an an official request for an exemption
from subdivision, reviewing it and bringing it up before
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Conmission Members
FROM: Planning Office (KS)
RE: Melnick Duplex Condominiumization - Subdivision Exemption
JATE: June 3, 1977
This is an application for exemption from subdivision regualtions involving
a duplex owned by Larry Melnick in the West Aspen Subdivision, Lot 40,
Filing No.1. The proposal involves dividing the property into two
IJnd i vided interests, to be owned as tenants in corrmon and to be governed
~y a use and occupancy agreement. The applicant is represented by
Attorney, Tam Scott, who has provided the Planning Office sufficient
information for us to find that utilities and improvements to the site
,~re in accordance with subdivision design standards specified in Section
20-17 of the Aspen Municipal Code, specifically that:
1. The property is on Sierra Vista Drive which complies
with City specifications for road width and grade and
is an accepted city street maintained by the City.
2. Utilities are provided to the site by the Aspen Water
Department and the Aspen Sanitation District.
3. The subdivision in which the property is situated
has been properly subdivided into Lots and Blocks
and is surveyed in accordance with subdivision
standards.
4. The lot and bulk requirements of the zone district
have been met.
The applicant's agent also represents that a 90 day right of first refusal
has been given to the existing tenant who has lived there for two years.
Reference is made to the Declaration, containing the right of first
refusal. We have examined the Declaration and there is a 90 day right
of first refusal as well as a six month rental restriction.
The Planning Office reconmends that the Planning Corrmission approve the
exemption from strict application of subdivision regulations as the proposed
division is without the intents and purposes of that regulation inasmuch
as improvements to the property have already been made which are in con-
formance with subdivision design standards. Strict application of those
standards would, therefore, be unnecessary. We find that there will be
no adverse impact of this division on the public welfare or on the sur-
rounding neighborhood.
However, since it is the policy of this City that all exemption applications
should be conditioned on compliance with housing objectives and should
comply with the park dedication fee, we recommend you condition your
approval on:
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I~emorandum
Page Two
,June 3, 1977
1. Payment of the appropriate park dedication fee.
2. Restriction of use of the premises to a minimum
of six month terms.
3. A non-assignable 90 day right of first refusal
be given to the existing tenant to purchase the
unit at market value.
~e suggest that you ask the City Attorney to review the declaration to
ensure that the 90 day notice and six month restriction therein provided
comply with Council's ordinance governing exemptions. If So, then record-
ing of the Declaration can satisfy conditions # 2 and 3.
1mk
.
'.
FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 1815
ASPEN. COLORADO 81611
TELEPHONE(3Q3l92!5.12t6
May 4, 1977
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attn: Mr. Hal Clark
Re: Declaration of Restrictions for
Larry Melnick Duplex, Lot 40,
West Aspen Subdivision, Filing No, 1
Dear Hal:
Concerning the above item, I am enclosing
the Declaration of Restrictions, together with an
original and copy of a proposed Statement of Exemption.
The property involved is situated within West Aspen
Subdivision and is a duplex located upon a legally
subdivided lot which Larry Melnick wishes to divide
into two undivided interests, one of which he
would continue to own and the other, hopefully,
for sale in the near future, to his present tenant,
The effect and use of the existing duplex would be
no different as a result of this legal rearrangement,
Respecting the pertinent design requirements
which must be fulfilled pursuant to Section 20-17
of the Aspen City Code in order to entitle us to
an exemption under Section 20-19 of the Code, I
would advise as follows:
1. The subject property is on Sierra Vista
Drive (Nos. 1410-1412) which is an accepted city
street and complies with all the minimum classifica-
tions respecting widths and grades.
I,
.
Aspen/Pitkin Planning Office
May 4, 1977
Page 2
2, Sierra Vista Drive is an accepted road
by the City of Aspen which is surfaced and maintained
by it at regular intervals,
3, The property is serviced by and connected
to the City of Aspen Water Department and the Aspen
Metropolitan Sanitation District.
4. All requirements of Section 20-17 of
the Code of the City of Aspen relating to lot size
are met,
5, The Declaration contains the Right of
First Refusal with a 90 day notice period for the
benefit of the tenant, As a matter of fact, Karen
Troobnick is renting Unit No, 1 for the second year
in a row under a written lease agreement with Larry
Melnick, and they are currently discussing the
possibility of her purchasing the unit. That's
actually what prompted his interest in the conversion,
Actually, I personally believe as Sandy Stuller
does that Section 20-3(5) (8) specifically excludes
this kind of "duplex conversion" from the definition
and application of a subdivision, and that, technically
speaking, an "exemption" under Section 20-19(b) is not
required. However, discretion always being the better
part of valor in matters of our mutual concern, I
have decided to go along with the local game and,
therefore, humbly and respectfully ask that you con-
sider this matter an an official request for an exemption
from subdivision, reviewing it and bringing it up before
'.
Aspen/Pitkin Planning Office
May 4 1977
Page 3
Planning and Zoning for their consideration, as is
provided for by the code,
Please keep me advised,
Yours very truly,
~ ~cott III
FS/j eo
encls,
cc: Larry Melnick
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LDT-40. Wk'5T l'>..'5Pk-N 5lJBDIV\510N. FIRST FlUNG.
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I, Harold W, Johnson (Johnson-Longfellow and Assoc,),
a registered surveyor in the State of Colorado, do
hereby certify that on the 24th day of March 1977,
a one story duplex was found to be entirely within
the boundaries of Lot 40, West Aspen Subdivision
Filing No.1, as shown on the above plat, All
easements or encroachments in evidence or known to
me are as shown, The survey is true and correct to
the best of my knowledge and belief,
.::::PT"~A./. /J~-<- L'
by Harold W ,~~son
JOHNSON-LONGFELLOW & ASSOC,
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OF C"~~;;,,,
Reception No.
Recorded at
--
3: 56PM MJr( 10/
1979 Loretta Banner
-.,
.....,/
R,ecorder
214349
_368 "p,\(;l390
AGREEMENT
LARRY p, rillLNICK, for himself, his heirs, executors,
I
administrators and assigns, hereby covenants with t.He'"
,1;(, '1
City of Aspen, Pitkin County, Colorado, that:
1. He is the owner of the following described
property together with the improvements thereon:
Lot 40, West Aspen Subdivision, Filing #2
2, The above described property shall be restricted
to six (6) month minimum leases with no more than two (2)
shorter tenancies in any calendar year,
3. In the event that any Owner desires to sell his
interest in a Residence Unit to a third party (exclusive
of a spouse, child, natural or adopted, or any other member
of the Owner's immediate family by or otherwise) and receives
a bona fide offer to purchase his interest in the property,
such Owner shall give written notice of such proposed
sale or assignment to any person currently renting such
unit under a written, valid and effective lease agreement,
there being no defaults thereunder of any sort on the part
of such tenant, which said written notice, being a true
copy of said offer, shall state the terms and conditions,
purchase price and the name of the proposed purchaser or
assignee of the proposed sale or assignment, Such tenant
shall have a period of ninety (90) days after the giving
of such notice to purchase and acquire the interest of the
selling Owner upon the terms and conditions and for the
purchase price as set forth in said notice, If such tenant
does not exercise such right to purchase, the selling
Owner may then sell or assign his interest in the property
to the person and upon the same terms and conditions and for
the price as set forth in said notice, further provided,
however, that the other Owner shall likewise be entitled to
the same right of first refusal and the right to exercise
same within twenty (20) days after the expiration of the
......~-
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_368 p^Gt.391
tenant's primary right, subject to all of the same conditions
and exceptions as are aforesaid.
In no case shall the right of first refusal reserved
herein affect the right of an Owner to subject his interest
in the property to a trust deed, mortgage or other security
instrument, The right of first refusal as provided herein
shall extend and run for the lives of LARRY p, MELNICK
and his now living descendants, and the survivor of them,
plus twenty-one years.
In the event of any default on the part of any
Owner under any first mortgage which entitles the holder
thereof to foreclose same, any sale under such foreclosure,
including delivery of a deed to the first mortgagee in
lieu of such foreclosure, shall be made free and clear of
the provisions of this paragraph, and the purchaser, or
grantee under such deed in lieu of foreclosure of such
interest shall be thereupon and thereafter subject to the
provisions of this Declaration.
If the purchaser following
such foreclosure sale, or grantee under deed given in lieu
of such foreclosure, shall be the then holder of the first
mortgage, or its nominee, the said holder or nominee may
thereafter sell and convey the interest free and clear of
the provisions of this paragraph, but its grantee shall
thereupon and thereafter be subject to all of the provisions
thereof,
If the Owner can establish to the satisfaction
of the Board of Governors that a proposed transfer is not
a sale, then such transfer shall not be subject to the
provisions of this Article,
Upon written request of any prospective purchaser,
or other interested party, the non-selling Owner or tenant
shall forthwith, or where time is specified, at the end of
such time, issue a written and acknowledged certificate in
recordable form, evidencing that proper notice was given by
the selling Owner, and that the tenant or non-selling Owner
did not elect to exercise his right of first refusal to purchase.
-2-
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M6-G 39/4
4. It shall be adequate proof of satisfaction of the
foregoing paragraphs if a statement executed by an official
of the City of Aspen is filed that the option/right of first
refusal provisions have been met,
5, The covenants contained herein with respect to
minimum lease terms (paragraph 2) are to run with the land
and shall be binding on all parties and all persons claiming
under them for a period of twenty (20) years from the date
these covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of
ten (10) years, unless an instrument signed by the City of
Aspen and then record owners of the property has been
recorded, agreeing to change said covenants in whole or
in part or agreeing to release said covenants,
IN WITNESS WHEREOF, this Agreement has been duly
executed this \?J~ day of ~~'''L , 1979,
L~
STATE OF COLORADO )
) ss
COUNTY OF~~~)
this
The foregoing instrument was
,,~~ day of ~~~,,'--
Witness my hand and official
acknowledged before me
, 1979 by Larry"l'..,k\elnick,
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seal,
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My Commission
expires: ?--,,~-~O' ,,;,, I ~~ ::
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STATEMENT OF EXEMPTION
Receptiop. No.
Z14348
_368 I'ACt3~8
.Recorded at 3:55PM May'::: 1979 Loretta Banner Recorder ~
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, LARRY p, MELNICK is the owner o~ a,f.~rcel
." ;,'. ,.l...
of land located in Pitkin County, Colorado, mo~e,
particularly described as:
Lot 40, West Aspen Subdivision, Filing #2;
WHEREAS, there is one residential duplex located on
said property, and,
WHEREAS, applicant has requested an exemption from the
definition of subdivision for the purpose of subdividing the
duplex into two units, pursuant to his Declaration of
Restrictions;
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held September 19, 1978 determined that an
exemption from the definition of subdivision is appropriate
and recommended that the same be granted, and,
WHEREAS, the City Council determined that the Declaration
of Restrictions applied to the duplex is not within the intent
and purpose of the subdivision ordinance set forth in
Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City Council of Aspen, Colorado does
hereby determine that the proposed subdivision of the
duplex located on said property by its Declaration of
Restrictions is not within the intents and purpose of the
subdivision ordinance and does, for such reason grant an
exemption from the definition of such action,
PROVIDED, HOWEVER, that the foregoing exemption is
conditioned upon compliance with the right of first refusal/
leasing restrictions as contained in the Agreement between
applicant and the City of Aspen dated
Dated this ~~~ay of c:2
December 11, 1978,
/
, 1979,
Stac
andley III,
~
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, "
_368 PAGl389
I, Kathryn S, Koch, do hereby certify that the
foregoing Statement of Exemption from the Definition of
Subdivision was considered and approved by the Aspen City
Council at its regular meeting held ~~ II , 1979,
at which time the Mayor, Stacy Standley III, was authorized
to execute the same on behalf of the City of Aspen,
(11;110'.,
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 1815
ASPEN. COL.ORADO 81611
TELEPHONE (303) 925.1216
April 18, 1979
Ronald W, Stock, Esq,
City Attorney
130 South Galena
Aspen, Colorado 81611
Re: Melnick duplex
Dear Ron:
Enclosed is an original executed Agreement, together
with the original Statement of Exemption, Would you
please take care of obtaining the Mayor's signature and
the certificate of the City Clerk on the Statement of
Exemption, Thank you.
Yours very truly,
/'
------------~
Fit~~cott III
FS/jeo
enc,
cc: Larry Melnick
n--'
If-t
t:.,/
, MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Melnick Duplex-Subdivision Exemption
DATE: December 6, 1978
This application requests exemption from the definition of sub-
division for the purpose of condominiumization of a duplex owned by
Mr, Larry Melnick which is located on Lot 40, West Aspen Subdivision,
Fi1in9 No.1, The property involved is zoned R-15 and is located on a
1e9a11y subdivided lot which the owner wishes to divide into two
undivided interests. He would continue to own and occupy Unit 2
and the other, according to the application, he hopes to sell in the
near future to his present tenants. The application indicates that
Karen Troobnick is the present tenant of Unit 1. Karen has rented
this unit from the Melnicks for the past three years and at the present
time pays a monthly rent of $500 per month, plus utilities. She has
never had a written lease of any sort. She is the owner of Town and
Country Antiques and Uniques in the Mill Street Station, This application
was tabled at your October 23rd meeting due to some conflicting information.
Karen indicated to Mark Danielsen that there was no way in which
she could afford to purchase the unit at the current market price, ho~'ever,
a letter was sent to City Council which was endorsed by Karen Troobnick
in which she indicated that she had no objection whatsoever to Larry
Melnick's request. That letter further stated that she did not want
Mark Danielsen or the Planning Office memos to be taken as an objection
on her part to the request when in fact, she felt that her ability or
inability to purchase the unit should have nothing to do with City
Council's decision to approve or disapprove the subdivision request.
Mark Danielsen still is of the opinion that the application has
not indicated minimum tenant displacement. Mark's recommendation for
denial stands unless an amiable solution is reached between the Troobnicks
and Mr. Melnick which results in a sales price which the tenants can
afford.
City Engineering has conducted a site inspection and reviewed the
improvements survey and at this time recommends approval without
condition.
We understand that Larry Melnick and Karen Troobnick will be in
attendance at this meeting next Monday. We hope that sometime prior to
Monday the Troobni cks and ~1e 1 ni ck wi 11 reach an agreement between
themselves.
. ,',-r