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HomeMy WebLinkAboutcoa.lu.ec.Spring Street Townhouses/Brownstone.59A-88Spring Street Townhous 59A-88 Subdivision Exemption- Condominiumization 2737-182-11-001 C ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 GMP/CONCEPTUAL - 63722 - 47332 GMP/PRELIMINARY - 63723 - 47333 GMP/FINAL - 63724 - 47341 SUB/CONCEPTUAL - 63725 - 47342 SUB/PRELIMINARY - 63726 - 47343 SUB/FINAL - 63727 - 47350 ALL 2-STEP APPLICATIONS - 63728 - 47360 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47380 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 HOUSING 00115 - 63730 - 47380 ENGINEERING SUB -TOTAL County 00113 - 63711 - 47431 GMP/GENERAL - 63712 - 47432 GMP/DETAILED - 63713 - 47433 GMP/FINAL - 63714 - 47441 SUB/GENERAL - 63715 - 47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPLICATIONS - 63718 - 47460 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63730 - 47480 ENVIRONMENTAL HEALTH 00123 - 63730 - 47480 HOUSING 00113 - 63731 - 47480 ENVIRONMENTAL COORD. 00113 - 63732 - 47480 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 COUNTY CODE - 63062 - 09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000 OTHER SUB -TOTAL - TOTAL V Name: `' Phone: Address,: � Project: /I L✓ � / (�4� ` Check # 11 Date 7 Additional Billing: # of Hours: 0 ! CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 11/7/88 DATE COMPLETE: PARCEL ID AND CASE NO. 2737-182-11-001 59A-88 STAFF MEMBER: C H PROJECT NAME: Spring Street Townhouses Subdivision Exemption for Condominiumization Project Address: 701/703 East Hopkins Avenue Legal Address: Block 104, Lots A & B APPLICANT: M & W Properties Applicant Address: 205 S. Mill St. REPRESENTATIVE: Vann Associates, Sunny Vann Representative Address/Phone: P. O. Box 8485 Aspen, CO 81612 5-6958 -------- -------------------------------------------------------------- ------------------------------------------------------- PAID: YES NO AMOUNT: $760.00 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PEC 1 PUBLIC HEARING: YES f VESTED RIGHTS: YES Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: =====------------------------------------------------------------- --------------------------------------------------------- REFEWLS : ty Attorney Mtn. Bell School District ty Engineer Parks Dept_ Rocky Mtn Nat Gas HousingDir. Holy Cross Y State H De t GW Hwy P ( ) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: & INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty _City Engineer Zoning Env. Health Housing Other: C, { "+, FILE STATUS AND LOCATION: CONDOMINIUM MAP OF BROWNSTONE TOWNHOUSE CONDOMINIUMS 1 10, S 15 O 10 2Co V N_ZN a L VICINITY MAP u i Y V1� i}F.lf.11 106I I I l l-F.t.i r 1 400' 0 NOTE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FI1=SST DISCOVER SUCH DEFECT. IN 1110 EVENT, SHALL ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. OWNERS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT SPRING STREET TOWNHOUSES. LTD., A COLORADO LIMITED PARTNERSHIP BEING THE RECORD OWNER OF CERTAIN LANDS IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO TO WIT: LOTS A AND B, BLOCK 104, CITY AND TOWNSITE OF ASPEN, DOES HEREBY CERTIFY THAT THIS MAP OF THE BROWNSTONE TOWNHOUSE CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THAT CERTAIN EXEMPTION LEGAL DESCRIPTION FROM THE DEFINITION OF SUBDIVISION GRANTED BY THE ASPEN CITY COUNCIL ON ._---------------. 1988, AND RECORDED _ 1988 IN BOOK -----AT PAGE ----- OF THE RECORDS OF THE CLERK &< LOTS A AND B BLG�GK 104, GITi AND RECORDER OF PITKIN COUNTY, COLORADO, AND PI.IRSUANT TO THE PURPOSES TOWNSITE E. H 0 P K I N S AVE. OF ASPEN. COUNTY OF PITKI N STATED IN THE CONDOMINIUM DECLARATION FOR THE BROWNSTONE TOWNHOUSE CONDOMINIUMS RECORDED 198B, IN BOOK STATE OF Cf.JLCJR^rDO. ................ , _ AT PAGE _____ OF SAID RECORDS AND IN ADDITION DOES HEREBY DEDICATE TO THE PUBLIC UTILITIES THE ELECTRIC AND COMMUNICATION EASEMENT AS SHOWN HEREON. 0 Q I "je- N .7!50 OW I I I" W. GO.00') / . CONC IDRIV .L.C:E .INN L.G.E. UNIT I A /tx UNIT Z CI 0 0RA) N L.G.E. UNIT Z TOTAL AREA &,00(Dt SgFr•) !oo' -r4 w : QO1j e— L' wa 1 6.2- ✓4 LVE_4�;l (N . -75- Oq I l" W.) 119.91 ® BASIS OF BEARINJG-6 BLA►.1K O t5 RE -BAR AL. CAP W +1 NO CAP I U 'Q HORIZ. C�►J"frlOL_ s oj I t5f-7 PLA CAP 1CoIZ9 38.5 L .C.E. UN 1T ! UNIT z o c. 5. SPRING 5T Z STORY BRICK BUIL.OING WITH BA61F-m E NT ON1T Z_ 1/-08 5. SPRING 5T, L.G.E. UNIT Z 31.9 DEC K- 1=.bNG. . 5? DRIVE ",I • 9 L%C. E. • UN FT- Z_ S.-7S-Cl-' 11" E. Fp.00 S RE -BAR :D -15- I I' W. CO. 31 , 3EN T U N PAV ED ALLEY BLOCK �04 7'+ n LOT o z C o u/ V, W 0 0- d' � In � Q W�'_ C_)N=— +1 PA ED � � TRASH ''�' N STbRr1GE � AP E,A J/Ct il ��S RE -BAR NL CA P �SrT C.AP "ICC, IL,I' GUM n� J fJ 1 !�lTI or-1 PARKING PLAN 3 SPACES PER UNIT* I OUT51 oa- C CONC. HEA.•TCo pR1�lE� Z INSIDE � pASEMF_N"C LEvEL G/�SZAC1+f=-� LEGEND & NOTES CALLS IN C ) REGORrD FOUND SURV E`f MON U M ENT A 5 1De!5GRI BED 0 SURVEY CIlNTROL_ PT. O SET ±*5 RE -SAP, WITH CAP ICoIZc1❑ UT I LI'T Y BoXc D EL -CC. METES;4f_5) (_) GAS �ErLVlGF STREET LIGHT LAWYEFZS -TITLE INSURANCE C 0RPORATIC)N POLI GY FOR TITtE INSURANCF. C.o.SE NO . FPC.-T - I3A3 , DATED 1/ 14/88 WAS L)SEO IN THE PRE3�ARATIC]N o� TH 15 SURVE`( PRE�b10N > I:lo,000 L.G.E. LIMITED COMMC*,l ELEMENT G .C. E. GENERAL COMMON ELEMENT ELEVATIONS 54SED ON ASPEKI AREIAL. t5uRVE-c ELEV (2� (::)F- SFn'RII-1C� ST 4.- SHEET 1 SHEET e_ SHEET 3 INDEX 51TE PLAN, CERTIFlCATMS VtGINtTY N1Ap CLAN VIZAJS CL.E VAT\O NS SPRING STREET TOWNHOUSES LTD. A COLORADO LIMITED PARTNERSHIP BY: M&W PROPERTIES, GENERAL PARTNER BY: STATE OF COLORADO) --------------------- FRANK J. WOODS, III, A PARTNER )ss COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .............. 1988, BY FRANk: J. WOODS, III AS A PARTNER IN M&W PROPERTIES., GENERAL PARTNER OF SPRING STREET TOWNHOUSES, LTD., A COLORADO LIMITED PARTNERSHIP. WITNESS MY HAND & OFFICIAL SEAL MY COMMISSION EXPIRES: ---------------------------- NOTARY PUBLIC SURVEYORS CERTIFICATE I. DAVID W. McBRIDE. HEREBY CERTIFY THAT IN OCTOBER, 1988, A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF LOTS A AND B, BLOCK 104, CITY AND TOWNSITE OF ASPEN. COLORADO. AND THAT A TWO STORY BRICK DUPLEX WAS FOUND TO BE LOCATED THEREON AS SHOWN ON THIS MAP. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE TITLE COMMITMENT NOTED HEREON ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION OF THE BUILDING AND THE VERTICAL AND HORIZONTAL DIMENSIONS OF THE BUILDING AND OF THE INDIVIDUAL AIR SPACE UNITS OF THE BROWNSTONE TOWNHOUSE CONDOMINIUMS THEREIN, THE UNIT DESIGNATIONS THEREOF, THE MEASUREMENTS OF SAID UNITS, AND THE ELEVATIONS OF THE FINI.6HED FLOORS AND CEILINGS. SAID MAP ALSO ACCURATELY DEPICTS ALL ENCROACHMENTS BY OR ON THE SUBJECT PROPERTY. ASPEN SURVEY ENGINEERS, INC.------------------_---_-- --------------- 1 1988 DAVID W. McBRIDE RLS 16129 TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE AND DEDICATION HEREON ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. --- TITLE: _ - -- ------------------------- VINCE HIGENS 602 EAST HYMAN AVENUE ASPEN, COLORADO 81611 CITY ENGINEER'S APPROVAL THIS MAP OF THE BROWNSTONE TOWNHOUSE CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS DAY OF _, 1988. -------------- CITY ENGINEER PLANNING DEPARTMENT APPROVAL THIS MAP OF THE BROWNSTONE TOWNHOUSE CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN PURSUANT TO SECTION 7-1007A OF THE ASPEN MUNCIPAL CODE THIS DAY OF _ , 1988. PLANNING DIRECTOR CLERK & RECORDER'S ACCEPTANCE THIS MAP OF THE BROWNSTONE TOWNHOUSE CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT O'CLOCKY M. THIS ----- DAY OF ---------------, 1988, AND RECORDED IN PLAT BOOK ------ AT PAGE AS RECEPTION NO. -------------------------------- CLERK & RECORDER PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, DO 81612 SHEET I OF 3 (303) 925-3616 JOB 18235 CD•G.E. WAL.L (_T'`{Pt GAL-) BASEMENT FIRST FLOOR SECOND FLOOR N � � E v� 0 p s O 5 I PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 OLO SHEET 2 OF 3 (303)N925-3816 81612 JOB NO 18235 DECKS 0.3 L.OWER 'rHAAJ IRWoRS ELEVATION PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 f3n�1 4�5-�Aic JOB NO. 18235 TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Roxanne Eflin, Planning Office RE: Consent Agenda/Spring Street Townhomes/Request for Condominiumization DATE: December 12, 1988 SUMMARY: Approval of condominiumization of the Spring Street duplex currently under construction. REQUEST: Approval to condominiumize a duplex currently under construction. APPLICANT: Spring Street Townhouses, Ltd. LOCATION: 701-703 East Hopkins, Lots A and B, Block 104 ZONING: "O" - Office DESCRIPTION OF THE PROPOSAL: The applicants are currently building a duplex on a vacant lot. Each side of the duplex is approximately 1,710 sq. ft. in size with three (3) bedrooms per side. (See attached map.) REFERRAL COMMENTS: In a memo dated December 4, 1988, the Engineering Department made the following comments: 1. A Spring Street Condominium already exists, therefore, the Engineering Department recommends that a different name be chosen. A provision in the municipal code requires that similar names of condominiums not be used. 2. The project must comply with the requirement of maintaining historic storm water runoff flows from the site. It does not appear from the application that this has been done. If the applicant desires to have the plat executed prior to this work, the work will have to be bonded for as stated in the municipal code. 3. It is typically a requirement for subdivision exemptions for condominiums that sidewalks be constructed prior to approvals. If the applicant would like to complete the condominiumization process prior to construction of the sidewalk, an estimate for the work and a bond in the amount of the estimate must be provided before the plat will be signed; Hopkins Street frontage only. The Engineering Department is revising their earlier waiver of sidewalk construction for this project due to potential tree impact. A landscape architect was consulted who stated that the two chief problems with constructing a sidewalk within the dripline of an evergreen tree are providing sufficient water to the tree and dealing with the possibility of a concrete sidewalk buckling as the root system continues to grow. The landscape architect assured the Engineering Department that there are many systems available of brick pavers which can be utilized leaving gaps between the units both for water penetration and for some movement of the sidewalk without the buckling of a solid concrete system. The Engineering Department states "There are many areas in town with similar tree growth, and it behooves us to solve the problem of constructing a sidewalk under a tree without compromising the health of the tree or forcing pedestrian traffic into the streets." 4. The plat does not indicate how many bedrooms are in each unit, nor if there are garages in the basements of the structures. The plat must show all of the parking spaces in order to confirm that the numbers and sizes are correct. The plat indicates parking spaces on the driveways, which are very steep. A snowmelt system is recommended to insure that the spaces are usable during portions of the winter. 5. The plat indicates that the driveway encroaches into the alley. Engineering is neither recommending an encroachment permit nor removal of the concrete until conferring with the Streets Department. 6. The additional required contents of the plat are as follows: a. Full monumentation of the property, indicating that the monuments have surveyor's caps. b. Location of water meters must be shown. C. Surveyor's certificate must indicate that all easements shown on title certificate number PCT- 1393-87 have been shown on the plat. d. The transformer must show an easement around it. 2 • e. Indicate the location and approximate diameter and height of the evergreens in the right-of-way adjacent to the property. f. Provide a title certificate g. Indicate the location of the dumpster or other solid waste receptacles. h. The name of the adjacent subdivision, "Edge of Aspen Condos" must be indicated STAFF COMMENTS: Section 7-1008 of the Aspen Municipal Code refer to the requirements for condominiumization. 1. CRITERIA: The existing tenants shall be given first right of refusal. RESPONSE: The proposed condominiumization involves new units which have no prior tenant history. 2. CRITERIA: Residences in the Office district shall be restricted to 6 month minimum lease restrictions with no more than two shorter tenancies per year unless otherwise demonstrated by the applicant according to the criteria stated in Section 7-1008 (A) (1) (b) (2) (a) . RESPONSE: The applicant agrees to the six (6) month minimum lease restriction with no more than two (2) shorter tenancies per calendar year. 3. CRITERIA: An Affordable Housing Impact Fee shall be assessed to each free market condominium unit based on the Number of bedrooms contained in the unit. RESPONSE: The applicant agrees to pay $8,050 per unit, a total of $16,100.00, (based on the fee schedule for three bedrooms or larger). This shall be paid at the time the condominium plat is filed. In summary, the applicants have complied with all the applicable Code requirements for condominiumization, with the exceptions as noted in the referral comments from the Engineering Department. RECOMMENDED MOTION: "Move the grant Subdivision Exemption for condominiumization of the Spring Street Townhomes, with the following conditions: K • • 1. The applicants re -name the project, due to the previous existence of another Spring Street Condominium. 2. The applicants shall pay a fee of $16,100.00 to the Aspen/Pitkin Housing Authority for the Affordable Housing Impact Fee at the time the condominium plat is filed. 3. The following engineering items shall be addressed by the applicant prior to the recordation of the condominium plat: a. The applicant shall submit additional drainage information to the Engineering Department relating to the maintenance of historic storm water runoff flow. b. The Plat shall include the following: 1) all parking spaces shall be indicated 2) the monuments shall have surveyor's caps 3) location of water meters and dumpster or other solid waste receptacles 3) the easement surrounding the transformer 4) location and approximate diameter and height of the evergreens in the right-of-way adjacent to the property. 5) name of adjacent "Edge of Aspen Condos" C. The surveyor's certificate must indicate that all easements are indicated on the plat. d. The applicant shall provide the Engineering Department with a title certificate. e. The applicant shall post a bond for the construction of a sidewalk as a condition of occupancy of the units, which bond shall be returned to the applicant following its construction. A work estimate for the Hopkins St. sidewalk and a bond in the amount of the estimate must be provided to the Engineering Department should the applicant wish to complete the work prior to approvals. CITY MANAGER'S RECOMMENDATION memo.cc.spring.st.condo 4 • • CASE DISPOSITION To: File From: Roxanne Eflin Re: Brownstone Townhouse Condominiums (formerly referred to as the Spring Street Townhouse Condominiums Date: December 13, 1988 On December 12, 1988, the City Council approved the Brownstone Townhouse Condominiums (formerly referred to as the Spring Street Townhouse Condominiums) with the following conditions: 1. The applicants re -name the project, due to the previous existence of another Spring Street Condominium. 2. The applicants shall pay a fee of $16,100.00 to the Aspen/Pitkin Housing Authority for the Affordable Housing Impact Fee at the time the condominiums plat is filed. 3. The following engineering items shall be addressed by the applicant prior to the recordation of the condominium plat: a. The applicant shall submit additional drainage information to the Engineering Department relating to the maintenance of historic storm water runoff flow. b. The Plat shall include the following: 1) all parking spaces shall be indicated 2) the monuments shall have surveyor's caps 3) the location of the water meters and dumpster or other solid waste receptacles 4) location and approximate diameter and height of the evergreens in the right-of-way adjacent to the property 5) name of the adjacent "Edge of Aspen Condos" C. The surveyor's certificate must indicate that all easements are indicated on the plat. d. The applicant shall provide the Engineering Department with a title certificate e. The applicant shall post a bond for the construction of a sidewalk as a condition of occupancy of the units, which bond shall be returned to the applicant following its construction. A work estimate for the Hopkins St. sidewalk and a bond in the amount of the estimate must be provided to the Engineering Department should the applicant wish to complete the work prior to approvals. cd.brownstone.condos 46. HOPKIN S AVE. (75.00' ) O Z_N U) MAP U rJ.-)3'CR' II" W. G0.00�� _ � (N.-75-0=1' q• � HA515 CONG �S RE- L.C.E. UNIT I DRIV W +I NO CAF L.C.E. VNI •1 q 'o HORIZ. A B <co a. D11 36.0 � L.G.C. UNIT I UNIT � (p 20C. S. 5PRING = Z STORY BRICK BUIL.DING WITH i BASEMENT L.C.E. 0 9 FC v ON IT 1 5 G.7 _00 \ iZ 00 � j WIQL� I7.4 O r 0 0 0 Qn ,V lJ �j N � 3 dQ U1 UN IT- Z. 0 in Q g ZOS 5. SPRING tT, N zz L.G,E.. UNIT 2 W.! IT Z C� 31. q O DRAIN DECKS GON 1i G. U +I PAD ' C6NG. m � L.G.C. UN IT Z. DR1Vr` N TR4S}R 5TOA TOTAL A(•tEP, q• AREA G.000k SgFr.) U L•,C. E.:U" V-r- L W I S RE 5 75'C!a I1•• E. GO-CX ) O NO CA 11' W. GO. 31 ' O NO CAP BGIT UNPAVED ALLEY BLOCK 104 • MEMORANDUM To: Cindy Houben, Planning Office From: Chuck Roth, Assistant City Engineer C`- Date: December 4, 1988 Re: Spring Street Townhouses Subdivision Exemption for Condominiumization Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. There is a provision in the municipal code relating to the naming of condominiums which requires that similar names are not used. There is already a Spring Street Condominium, therefore the Engineering Department recommends that a different name be chosen for this condominium. 2. Condominiums are required to meet the subdivision design details concerning storm water runoff. Since this is a new structure, it should also comply with the requirement of main- taining historic storm water runoff flows from the site. It does not appear from the application that this has been done. If the applicant desires to have the plat executed prior to this work, the work will have to be bonded for as stated in the municipal code. 3. It is typically a requirement for subdivision exemptions for condominiums that sidewalk be constructed prior to approvals. If the applicant would like to complete the condominiumization process prior to construction of the sidewalk, an estimate for the work and a bond in the amount of the estimate must be provided before the plat will be signed. This is for the Hopkins Street frontage only because sidewalk is already in place along Spring Street. We have been informed that the applicant was previously granted permission not to construct this segment of sidewalk. Now that this location is up for review again, the Engineering Department would like to revise its earlier waiver of sidewalk construction. We have checked with a landscape architect who has stated that the two chief problems with constructing a sidewalk within the dripline of an evergreen tree are providing sufficient water to the tree and dealing with the possibility of a concrete sidewalk buckling as the root system continues to grow. The landscape architect assured us that there are many systems available of brick pavers which can be used leaving gaps between the units both for water penetration and for some movement of the 4 1- Ot 1 9 0 - sidewalk without the buckling of a solid concrete system. There are many areas in town with similar tree growth, and it behooves us to solve the problem of constructing a sidewalk under a tree without compromising the health of the tree or forcing pedestrian traffic into the streets. 4. Parking - Neither the plat nor the application is clear as to how many bedrooms are in the unit. This information is needed in order to determine the required number of parking places. The plat is not clear that there are garages in the basements of the structures. The plat must show all of the parking spaces in order to confirm that the numbers and sizes are correct. The plat shows parking spaces on the driveways. The driveways are very steep. Unless there is a snowmelt system in the concrete of the driveways, it may be that the spaces are unusable during portions of the winter. 5. Plat contents: a. Full monumentation of the property is required. That is, the plat must indicate that the monuments have survey- or's caps. b. Location of water meter must be shown. C. The surveyor's certificate must indicate that all easements shown of title certificate number have been shown on the plat. d. The transformer must show an easement around it. e. Indicate the location and approximate diameter and height of the evergreens in the right-of-way adjacent to the property. f. Provide a title certificate. g. Indicate the location of the dumpster or other solid waste recepticals. h. The name of the adjacent subdivision must be indicated - Edge of Aspen Condos. i. The plat shows the driveway encroaching into the alley. In other similar instances, property owners have had to pull their driveways back to their property lines so that snow removal equipment does not catch a blade on the lip. At this time, we will neither recommend for an encroachment permit nor request removal of the concrete. We wil- with the Streets Department to see if they want the cut back. cc: Jay Hammond CR/cr/memo 88.97 • 0 MEMORANDUM TO: City Attorney City Engineer FROM: Cindy Houben, Planning Office RE: Spring Street Townhouses Subdivision Exemption for Condominiumization Parcel ID# 2737-182-11-001 DATE: November 16, 1988 Attached for your review and comments is an application submitted by Sunny Vann on behalf of his client, M & W Properties, requesting Subdivision Exemption approval for Condominiumization of 701/703 East Hopkins Avenue, Block 104, Lots A & B. Please review the attached material and return your comments to me no later December 2, 1988. so that I have time to prepare a memo for the City Council. Thank you. • C� ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 November 15, 1988 Sunny Vann Vann Associates P. O. Box 8485 Aspen, Colorado 81612 RE: Spring Street Townhouses Subdivision Exemption for Condominiumization Dear Sunny, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS complete. We have scheduled your application for review by the City Council at their regular meeting to begin at 5:00 PM on Monday, December 12, 1988. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any other questions, please call Cindy Houben, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant December 8, 1988 Mr. Sunny Vann Vann Assoc. Inc. 210 South Galena, Suite 24 Aspen, Colorado Dear Sunny, As you have requested I have taken a look at the Brownstone Townhouse Condominiums in regards to a sidewalk along Hopkins Street. The problem the two mature spruce trees present is that when paving over the root zone of a tree it is important not to obstruct surface water drainage to the roots. This can be accomplished by using a paving system which allows the penetration of water. Another potential problem is root upheaval which causes pavement to crack. It is my recommendation that in order to mitigate each problem a paving system such as "loose set" bricks (not interlocking brick pavers) set on sand be used above the tree root zones. Paving width should not exceed 4 feet. The exposed aggregate concrete paving used on the Spring Street side should be used to turn the corner in order to integrate the two paving types. An estimate of cost for this paving solution is as follows: 1. Exposed Aggregate Paving - 40 S.F. a 4.00/S.F. $160.00 2. Brick Paving - 120 S.F. n 7.00/S.F. 840.00 TOTAL $1,000.00 If you have any questions please do not hesitate to contact me. Sincerely, Thomas G. Stevens ASLA President TGS/lls 450 S. Galena St., Suite 202 Aspen, CO 81611 303 925 6717 6 December 1988 RAGMAN YAW ARCHITECTS LTD 210 SOUTH GALENA ASPEN, COLORADO 81611 Mr. Chuck Roth 303/925-2867 Assistant City Engineer 130 South Galena Aspen, Colorado 81611 • RECEIVED 1.1, 8 1988 City 6 9,H leer Re: Spring Street Townhouses Subdivision Exemption for Condominiumization Dear Chuck: Per our conversation regarding your December 4, 1988 memorandum on the above project, I would like to reiterate our conversation. In regard to item #2 storm water runoff, the project has been designed to retain the historic rate of runoff. The design involved our consulting engineer and the soils engineer on the project. In reference to item #3 sidewalks. The fact that a sidewalk does not exist on Hopkins Street was discussed and approved by both the City Engineer and Parks Department, because of the adverse effects on the large spruce trees. Installation of a sidewalk or change of grade on the trees' root system could kill these trees. I understand you think an alternate may exist. We explored many with input from the tree expert hired as a subconsultant to the general contractor and the Parks Department, including the preforated concrete paver you mentioned and arrived at no good solution. After these were pursued at length, all agreed to not install any form of walking surface. I hope you will agree with the approval given. Per our conversation, please call after your discussion with the Parks Department. Finally, item #4 parking. As you have discovered, the driveway is heated and therefore the additional parking spaces are useable and the project meets the City's parking requirements. I hope this addresses your concerns as we discussed them. If not, please let me know immediately. Sincerely, Doug G-r-eybeal`AIA Partner DG : sv cc: Cindy Houben Sunny Vann Frank Woods CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: December 8, 1988 TO: Cindy Houben, Planning Office FROM: Fred Gannett, Staff Attorney RE: Spring Street Townhouses Subdivision Exemption for Condominiumization Application I have quickly reviewed the application filed by Sunny Vann on behalf of his clients, and find no areas that cause immediate concern. On Page 2, Paragraph 2 of Sunny's letter, he makes reference to the Declaration of Covenants incorporating a six-month minimum lease restriction on the property. The covenant language contained in Exhibit "A" to the application appears to satisfy all of the requirements. Sorry I am late with these comments for your deadline. Hope they don't inconvenience you. /mc • C� VANN ASSOCIATES Planning Consultants November 7, 1988 HAND DELIVERED Ms. Cynthia Houben Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Spring Street Townhouses, Ltd. Condominiumization Dear Cindy: Please consider this letter an application for subdivision exemption review for the condominiumization of a new duplex currently under construction at 701/703 East Hopkins Avenue (see Land Use Application Form attached hereto as Exhibit A). The property is legally described as Lots A and B, Block 104, City and Townsite of Aspen. \�,- i The application is submitted pursuant to Section 7-1008 of the Aspen Land Use Regulations by M&W Properties on behalf/ of the owner of the property, Spring Street Townhouses, Ltd., a Colorado limited partnership. A commitment for title insurance evidencing M&W Properties interest in the property is attached hereto as Exhibit B. Permission for Vann Associates to represent the Applicant is attached as Exhibit C. The applicable submission requirements/review criteria for the condominiumization of residences, and the Applicant's compliance therewith, are summarized below. 1. "Evidence that tenants have or will be provided notice and the right to purchase their unit that is being condominiumized." This criteria is not applicable as the proposed condominiumization involves new units which have no prior tenant history. P 0 Boa 8485 • A�,,pon, C - ? 01c, ; Ms. Cynthia Houben November 7, 1988 Page 2 2. "Evidence that the proposed condominium units shall be restricted to six (6) month minimum leases." The proposed "Declaration of Covenants" attached hereto as Exhibit D specifically incorporates a six (6) month minimum lease restriction which is consistent with the requirements of the Land Use Regulations. It should be noted, however, that we are currently researching the recent application of this restriction to similar projects in the immediate site area. Based on our findings, we may elect to amend our application to include a request for exemption from this requirement. Should an amendment be necessary, we will submit such additional information as may be required well in advance of the application's scheduled review. 3. "Demonstration that the proposed condominiumiz- ation will have no adverse impact on affordable housing." Pursuant to Section 7-1008(A)(1)(c) of the Regula- tions, the Applicant will pay an "affordable housing impact fee" in the amount of sixteen thousand one hundred dollars ($16,100.00) at the time the condominiumization plat is recorded. The fee has been calculated as follows: 2 - 3 Bedroom Units @ $8,050.00 per Unit ='s $16,100.00 The purpose of the impact fee is to help mitigate the potential impact of condomiumization on the availablity of affordable housing in the community. The Applicant's payment of the fee, therefore, should be sufficient to demonstrate compliance with this review criteria. As the units are new, no tenant displacement will occur as a result of condominiumization. In addition to the above, the Regulations require that the units proposed for condominiumization be inspected by the Building Department to ensure adequate compliance with applicable fire, health and safety regulations. Inasmuch the Spring Street Condominiums are new units, compliance with this requirement should be deemed to have been met by the issuance of a building permit and the issuance of a certificate of occupancy. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. As my client wishes to complete the sale of the units as soon as 0 Ms. Cynthia Houben November 7, 1988 Page 3 possible, any assistance you may be able to provide to expedite the review of our application would be sincerely appreciated. Attachments ATIACYIIoflM 1 EXHIBIT A �eVM USE APPLICI na! Mr,-14 • 1) Project Name 2) . Project Location �-� /� . i�ir /� ¢ Ci�y.�i /� � _%%� cam'-�J.�✓�/ (irx1fCa street address, 1& & block number, legal description where appropriate) 3) Prevent Zon-hu 4) Lot Size G CGv 5) / Applicant's Name, Address & Phone# 6) Representative I s Name, Address & Phone # \/fJi�/.C� /f �� G✓.�j % � 7) Type of Application (please deck all that apply): -- Conditional Use Conoep4hal SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greehline Conceptual PUD Minor Historic Dcv. Stream Margin Final PUD Historic Demolition Mrxmtain view Plane Subdivision Historic Designation VCondcmi niumi nation Text/Map Amendment GMQS Allotment Lot Split/Tot Line CMQS motion Adjustment 8) Description of Existing r g Us(-- (ems and type of existing fires; approximate sq. ft. ; number of bedrooms; any previous approvals granted to the Ply) 9) Description of Develcpmeaht Application �'-,/��///-,//v/--,//2i4T7< '-- � 10) Have arou attached the following? Response to Attachment 2, Minimum S ut m i e s ion Contents Response to Attachment 3, Specific Suhmislion Contents Response to Attachment 4, Review Standards for Your Application Lawers ide _ EXHIBIT B y insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective date: 12/17/87 @ 8:00 A.M. 2. Policy or policies to be issued: Case No. PCT-1393-87 (a)ALTA Owner's Policy -Form B-1970 Amount $ 450,000.00 (Rev. 10-17-70 & 10-17-84) Premium $ 701.88 PROPOSED INSURED: M & W PROPERTIES (b)ALTA Loan Policy, 1970 Amount $ 800,000.00 PROPOSED INSURED: Premium $ 841.00 CENTRAL BANK OF ASPEN, N.A., its successors and/or assigns (c) PROPOSED INSURED: Amount $ Premium $ Tax Cert. $ 5.00 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: GARY L. WATKINS AND SANDRA M. WATKINS 4. The land referred to in this Commitment is described as follows: LOTS A AND B, BLOCK 104, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. Countersigned at: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 Authoriz officer or agent IL A Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. •1i14 4110 411C•tTIC� IJIC•CTIOLTIO:lT10RUIG1II 611WI,il0liIC.LTI lilli�ta'IU' IC'•kTIC•I;.TiG. li1C.1.ryL•al;tla •Li1C ITIC. kTIC LTIG 4TIC ITIC•IJIC LTIC LTt 0 LatwyersTi id Insurance Corporation NATIONAL HEADQUARTERS RICHMOND. VIRGINIA SCHEDULE B-SECTION 1 The following are the requirements ltoMbeTcomplied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest insured must be executed and duly filed for record to -wit: to be I. Deed from Gary L. Watkins and Sandra M. Watkins to M & W Properties 2. Release by the Public Trustee of the, Deed of Trust from : Gary L. Watkins and Sandra M. Watkins to the Public Trustee of the County of Pitkin for the use of Central Bank of Aspen, N.A. to secure $130,000.00 dated August 25, 1987 recorded September 1, 1987 in Book 545 at Page 97 reception No. 292487 3. Deed of Trust from M & W Properties to the Public Trustee of the County of Pitkin for the use of Central Bank of Aspen, N.A. to secure S800,o00.00 4. Evidence satisfactory that the Real Estate Transfer Tax as established by Ordinance No. 20 (series of 1979) has been paid or exempted. 5. Certificate of nonforeign status executed by the transferors. This commitment is invalid unless the Insuring Provisions and Schedules Schedule B-Section 1 PG.1 Commitment No. PCT-1393-87 A and B are attached. Agri I Form 100 Litho in U.S.A 035-0-100-0040/2 r �ru�ersTtle Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B-SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service, or for any other special taring district. 7. Reservations and exceptions as contained in the Deed from the City of Asper recorded in Book 59 at Page 300 and Book 59 at Page 471 as follows: that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or Possession held under existing laws. This commitment is invalid unless the Insuring Provisions and Schedules Schedule B-Section 1 PG.1 Commitment No. PCT-1393-87 A and B are attached. Farm 100 Litho in U S A 035 0-100-0040,2 LTIO I31C• LTIC ITIC ITIC LTIC. LTIC LTIC 13IC-.4 IC 4TIC.IJ18!ITIG LTIC LTIC ITIC ITIC ITdC• ITIC 1_ Jlc LTIC LTIC ITIC ITIC LTIC laic LTII' ITIC LTI tat ILU yers Ins.W urance Crporation NATIONAL HEADQUARTERS RICHMOND. VIRGINIA SCHEDULE B-SECTION 2 CONTINUED Exceptions numbered are hereby omitted. The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1, Item (b). (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. (3) Any and all unpaid taxes, assessments and unredeemed tax sales. This commitment is invalid unless Schedule B-Section 2 PG.2 the Insuring Provisions and Schedules Commitment No.PCT-1393-87 A and B are attached. ITIC LTIC UPC Ill I[ -MA i(ILTIC L11G LtIC'L11C.ITI(50C LTIL'• LTIC'ITIC:LTIC LTIC IG LTIC Ii1C LlIG ITIC iTll: ITIC ITIC Irma IiN LTI[ 1.11l' I_!IP ail Lauyy#s Title Insurance CorpQation National Headquarters Richmond. Virginia COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or Policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or Policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policie -, committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. law 'D I Ins u a C9rporation JCS -, C - w.�f 6_1 President Attest' Secretary. EXHIBIT C November 7, 1988 HAND DELIVERED Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Richman: Please consider this letter authorization for Sunny Vann of Vann Associates, Inc. to represent M&W Properties in the processing of our application for condominiumization of the Spring Street Townhouses, Ltd. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, M&W PROPERTIES SV:cwv • EYHIBIT Ais EXHIBIT D DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR SPRING STREET TOWNHOUSE CONDOMINIUMS SPRING STREET TOWNHOUSES, LTD. ("Covenantor"), for itself, its successors and assigns, in consideration of the granting of an exemption from the full subdivision process for the purpose of condominiumization of the following -described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby does restrict such property, as follows: 1. Covenantor is the owner of the following described property (the "Property") together with the improvements thereon situated in the City of Aspen, County of Pitkin, State of Colorado: LOTS A AND B, BLOCK 104, CITY AND TOWNSITE OF ASPEN. Hereafter, Unit 1 and Unit 2, Spring Street Townhouse Condomin- iums. 2. The existing two units comprising the Spring Street Townhouse Condominiums, when the same are offered for rental, shall be and are hereby restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as defined in Section 7-1008(b) of Chapter 24 of the Aspen Municipal Code. 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 7-1004(C)(3) of the Municipal Code of the City of Aspen, as amended, become in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of Spring Street Townhouse Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the Property is adequately served by existing improve- ments and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenan- tor further agrees to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in the area of the Spring Street Townhouse Condominiums. 4. The covenants herein may be changed, modified or amended by the recording of a written instrument signed by the record owners of the Property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 5. The covenants herein contained shall run with the land and shall be binding upon all parties having any right, title or interest in the Property or any part thereof, and their heirs, representatives, successors and assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 6. None of the covenants contained herein shall be released or waived in any respect during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 7. In any legal proceeding to enforce the provisions of these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorney fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this day of , 1988. Spring Street Townhouses, Ltd., a Colorado limited partnership By: M&W Properties, general partner By: Frank J. Woods, III, a partner STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1988, by Frank J. Woods, III as a partner in M&W Properties, the general partner of Spring Street Townhouses, Ltd., a Colorado limited partnership. Witness my hand and official seal. My commission expires: Notary Public DECLARATION OF COVENANTS, RES_TRICTION_S AND CONDITIONS FOR BROWNSTONE TOWNHOUSE CONDOMINIUMS SPRING STREET TOWNHOUSES, LTD. ("Covenantor"), for itself, its successors and assigns, in consideration of the granting of an exemption from the full subdivision process for the purpose of condominiumization of the following -described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby does restrict such property, as follows: 1. Covenantor is the owner of the following described property (the "Property") together with the improvements thereon situated in the City of Aspen, County of Pitkin, State of Colorado: LOTS A AND B, BLOCK 104, CITY AND TOWNSITE OF ASPEN. Hereafter, Unit 1 and Unit 2, Brownstone Townhouse Condominiums. 2. The existing two units comprising the Brownstone Townhouse Condominiums, when the same are offered for rental, shall be and are hereby restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as defined in Section 7-1008(b) of Chapter 24 of the Aspen Municipal Code. 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 7-1004(C)(3) of the Municipal Code of the City of Aspen, as amended, become in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of Brownstone Townhouse Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the Property is adequately served by existing improvements and/or on the basis that the premises will not be served or bene- fited by the improvement or improvements proposed. Covenantor further agrees to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in the area of the Brownstone Townhouse Condominiums. 4. The covenants herein may be changed, modified or amended by the recording of a written instrument signed by the record owners of the Property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 5. The covenants herein contained shall run with the land and shall be binding upon all parties having any right, title or interest in the Property or any part thereof, and their heirs, representatives, successors and assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 6. None of the covenants contained herein shall be released or waived in any respect during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 7. In any legal proceeding to enforce the provisions of these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorney fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this day of , 1988. Spring Street Townhouses, Ltd., a Colorado limited partnership By: M&W Properties, general partner =1 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Frank J. Woods, III, a partner The foregoing instrument was acknowledged before me this day of , 1988, by Frank J. Woods, III as a partner in M&W Properties, the general partner of Brownstone Townhouses, Ltd., a Colorado limited partnership. Witness my hand and official seal. My commission expires: Notary Public -2- 0580 PAGE83? 30688;�. SILVIA DAVIS PITKIN CNTY RECORDER DEC 14 9 44 AN '88 CONDOMINIUM DECLARATION FOR BROWNSTONE TOWNHOUSE CONDOMINIUMS (A Condominium) • • POOK 580 PAGE S33 INDEX Caption Page 1. Definitions 1 a) Unit 1 b) Condominium Unit 1 c) Owner 1 d) Mortgage 1 e) Mortgagee 2 f) Condominium Map 2 g) Common Elements 2 h) General Common Elements 2 i) Limited Common Elements 2 j) Real Property 2 k) Project 2 1) Managing Agent 2 2. Division Into Condominium Units 2 3. Inseparability of a Unit 3 4. Description of a Condominium Unit 3 5. Separate Assessment and Taxation - Notice to Assessor 3 6. Title 3 7. Nonpartitionability of Common Elements 3 B. Use of Units; General and Limited Common Elements 3 9. Use and Occupancy 4 10. Easements for Encroachments 4 11. Negation of Mechanic's Lien Rights and Indemnification 4 12. Administration and Management 4 13. Reservation for Access - Maintenance, Repair and Emergencies 5 14. Owner's Maintenance Responsibility 5 15. Compliance with Provisions of Declaration 5 16. Revocation or Amendment to Declaration 6 17. Assessments for Common Expenses 6 18. Insurance 7 L'00H 580 PAGE834 19. Owner's Personal Obligation for Payment of Assessments 7 20. Lien for Nonpayment of Annual or Special Assessments 7 21. Liability for Assessments Upon Transfer of Condominium Unit 8 22. Mortgaging a Condominium Unit - Priority 8 23. Attorney -In -Fact in Case of Destruction, Condemnation, Obsolescence, and Restoration or Sale of Project 8 a) Certain Definitions: 9 i) Substantial Destruction; Partial Destruction 9 ii) Substantial Condemnation; Partial Condemnation 9 iii) Substantial Obsolescence; Partial Obsolescence 9 iv) Restoration 9 v) Restored Value 9 vi) Estimated Costs of Restoration 9 vii) Available Funds 9 b) Restoration of the Project 9 c) Sale of the Project 10 d) Authority of Attorney -in -Fact to Restore or Sell 10 e) Payment of Proceeds 10 f) Assessments for Restoration 10 g) Receipt and Application of Condemnation Funds 10 h) Reorganization in the Event of Condemnation 10 24. Mailing of Notices 10 25. Period of Condominium Ownership 11 26. General 11 GOOK 580 PAGE835 CONDOMINIUM DECLARATION FOR BROWNSTONE TOWNHOUSE CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, SPRING STREET TOWNHOUSES, LTD., a Colorado limited partnership (hereinafter called "Declarant"), is the owner of the following described real property situated in the City of Aspen, County of Pitkin, State of Colorado, to -wit: Lots A and B, Block 104, City and Townsite of Aspen; and WHEREAS, the above described property is presently developed with the following improvements, to -wit: A two family dwelling (the "Duplex"); and WHEREAS, Declarant desires to create a condominium project on said property under the Condominium Ownership Act of the State of Colorado, and to establish thereby a plan for the ownership in fee simple of real property estates consisting of the area or space contained in each of the "Units" as hereinafter defined, and the ownership by one or more of the individual and separate owners thereof, as tenants in common, of all of the remaining real property hereinafter defined and referred to as the "Common Elements". NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, uses, restrictions, limitations and obligations shall be deemed to run with the land, shall be a burden upon and a benefit to Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, lessees, succes- sors, heirs, executors, administrators, devisees or assigns. 1.. DEFINITIONS. Unless the context shall expressly pro- vide otherwise, the following definitions shall apply: (a) "Unit" means each of the two (2) individual air spaces contained within the unfinished interior surfaces of the perime- ter walls, floors, ceilings, windows, doors and built-in fireplaces, if any, of the Duplex situated on the real property described above, together with all fixtures and improvements therein contained, but not including any of the structural compo- nents of the Duplex, if any, within a Unit, which Units are approximately equal in size and are shown on the Condominium Map and identified thereon by the designations Unit 1 and Unit 2. (b) "Condominium Unit" means a Unit together with an appur- tenant undivided one-half interest in the Common Elements. (c) "Owner" means the person or persons or entity or entities, including Declarant, who own fee simple title to a Con- dominium Unit. The term Owner shall. not include the owner or owners of any lesser estate or interest. (d) "Mortgage" means any mortgage, deed of trust, or other security instrument by which a Condominium Unit or any part thereof is encumbered. • ors � AGE836 rvm( 580 (e) "Mortgagee" means any mortgagee or beneficiary under interest of any Owner. person or entity named as the any mortgage which encumbers the (f) "Condominium Map" means the Condominium Map for the Brownstone Townhouse Condominiums filed or to be filed in the records in the office of the Clerk and Recorder of Pitkin County, Colorado. In interpreting the Condominium Map and any deeds or mortgages of Condominium Units, the actual physical boundaries of each Unit as constructed shall be conclusively deemed to be the legal boundaries thereof, notwithstanding any minor deviations from the location of such Unit indicated on the Condominium Map. Declarant reserves the right to amend the Condominium Map, from time to time, to conform the same to the actual physical location of the constructed improvements and to any changes, modifications or alterations thereof. (g) "Common Elements" means all of the Project except the two Units. The Common Elements include but are not limited to: (i) all of the Real Property; (ii) the foundations, columns, girders, beams, supports, exterior and bearing walls, roofs, patios, decks, balconies and crawlspaces contained in the Duplex, and the "party wall", if any, dividing Units 1 and 2 as shown on the Condominium Map; (iii) the installations and facilities in the Duplex (or otherwise on the real property) consisting of the equipment and materials making up the central services such as tanks, pumps, motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating and air conditioning and, in general, all apparatus and installations and systems and spaces existing for common use; and (iv) all other parts of the Duplex and of the Real Property necessary or convenient to its support, existence, maintenance and safety or normally in common use. (h) "General Common Elements" means all Common Elements except Limited Common Elements, as hereinafter defined. (i) "Limited Common Elements" means those parts of the Com- mon Elements reserved for the exclusive use of the Owner of a particular Unit, which reservation has been accomplished by the designation of each Limited Common Element and the Unit which has the exclusive use thereof on the Condominium Map. Except as may otherwise be provided in this Declaration, all Limited Common Elements shall be used in connection with the particular Unit to which they are assigned on the Condominium Map, to the exclusion of the use thereof by the Owner of the other Unit except by invi- tation. (j) "Real Propert_y" means: Lots A and B, Block 1.04, City and Townsite of Aspen, County of Pitkin, State of Colorado. (k) "Project" means the Real Property and all buildings and other improvements now or hereafter located on the Real Property, and all rights, easements and appurtenances belonging thereto. (1) "Managing Agent" means the person or entity which shall be appointed from time to time by the Owners of the Units pursu- ant to the provisions of Paragraph 12 of this Declaration. 2. DIVISION INTO CONDOMINIUM UNITS. The Project is hereby divided into two (2) residential Condominium Units, each consist- ing of a separate fee simple estate in a particular Unit and the following described appurtenant undivided fee simple interest in the Common Elements: 2WM • • Unit Desiqnation Unit 1 Unit 2 eom 580 FA 837 Interest 50% 50% Each Owner shall own his appurtenant undivided interest in the Common Elements as a tenant in common with the other Owner, and shall have the nonexclusive right to use and enjoy the General Common Elements. Each Owner shall have the exclusive right to use and enjoy any Limited Common Elements which are designated for the exclusive use of his particular Unit on the Condominium Map. Either or both Owners shall have the right from time to time to expand their respective Units into the Limited Common Elements appurtenant- thereto, provided that all applicable land use and other laws and regulations are complied with in connection there- with, and that appropriate amendments to the Condominium Map (and to this Condominium Declaration, if necessary) are executed and recorded. It is understood that unless both Owners agree to amend this Declaration to such effect, the enlargement of one or both of the Units shall not amend or require the amendment of the appurtenant undivided interests in the Common Elements allocated to the Units by this Declaration. 3. INSEP interest in the inseparable and inherited only ARABILITY OF A UNIT_. Each Unit and the undivided Common Elements appurtenant thereto shall be may be conveyed, leased, encumbered, devised or as a Condominium Unit. 4. DE_SCRIPTION OF A COND_OM_INIUM UNIT. Every deed, lease, mortgage, trust deed, will, or other instrument may _legally describe a Condominium Unit by its identifying Unit number, fol- lowed by the words "Brownstone Townhouse Condominiums" with fur- ther reference to the recorded Declaration and Condominium Map. Every such description shall be deemed good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit but also the General Common Elements and the Limited Common Elements appurtenant thereto. Each such description shall be construed to include the right to the exclu- sive use of the Limited Common Elements designated for that Unit. 5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO ASSESSOR. Declararit shall give written notice to the assessor of Pitkin County, Colorado, of the creation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and taxation. 6. TITLE. A Condominium Unit may be held and owned by more than one person as joint tenants or as tenants in common, or in any real property tenancy relationship recognized under the laws of Colorado. 7. NONPARTITIONABI_LITY OF COMMON ELEMENTS. The Common Elements shall be owned in common by the Owners as hereinabove provided, and shall remain undivided, and there shall be no judi- cial or other partition of the Common Elements or any part thereof, nor shall any Owner bring any action seeking partition thereof. 8. USE OF UNITS; GENERAL AND LIMITED COMMON ELEMENTS. Each Owner shall_ be entitled to exclusive ownership and possession of his Unit. Each Owner may use the General Common Elements, and the Limited Common Elements designated for use with his Unit, in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owner. -3- • • c BOON 580 PAGE8�38 9. USE AND OCCUPANCY. Each Condominium Unit shall be used and occupied for residential purposes only, and except as pro- vided in this Paragraph, no trade or business of any kind may be carried on therein. Lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. Provided, that pursuant to Section 7-1008(b) of Chapter 24 of the Aspen Municipal Code, Condominium Unit leases shall be for terms of not less than 6 months, except that no more than 2 shorter tenancies shall be permitted per year. No Owner and no Owner's family or guests or tenants shall do anything or keep anything in or about the Project which is a nuisance to the other Owner, or which is immoral, hazardous, unsightly or otherwise offensive, or which violates any law, ordinance or regulation. 10. EASEMENTS FOR ENCROACHMENTS. If any portion of the Common Elements now or hereafter encroaches upon a Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of a Unit now or hereafter encroaches upon the Common Elements or upon an adjoining Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. For title or other purposes, such encroachments and ease- ments shall not be considered or determined to be encumbrances either on Common Elements or the Units. 11. NEGATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No labor performed or materials furnished and incorporated in a Condominium Unit with the consent or at the request of the Owner thereof or his agent or his contractor or sub -contractor shall be the basis for the filing of a lien against the Condominium Unit of the other Owner not expressly consenting to or requesting the same, or against the interests in the Common Elements owned by such other Owner. Each Owner shall indemnify and hold harmless the other Owner from and against all liability arising from the claim of any lien against the Condominium Unit of the other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the indemnifying Owner's Condominium Unit at such Owner's request. 12. ADMINISTRATION AND MANAGEMENT. The Condominium shall be administered and managed pursuant to this Declaration and each Owner shall comply strictly with the provisions of this Declara- tion. Each Owner shall be bound by and shall comply with such rules, resolutions and decisions as may be jointly adopted from time to time in writing by both Owners. Failure of an Owner to comply with such provisions, rules, resolutions or decisions shall be grounds for an action to recover damages or to obtain injunctive relief, or both, maintainable by the other Owner. The prevailing party in any such action shall be entitled to recover reasonable attorney's fees and costs. Each Owner shall manage his own Unit. Unless the Owners of both the Condominium Units agree upon the appointment of a Managing Agent (which may be one of the Owners or a quali- fied third party) to manage, control and deal with the interests of the Owners in the Common Elements, they shall act together for the purpose of managing, controlling and dealing with their interests in the Common Elements. Unless the context requires otherwise, when so acting together the Owners shall also be referred to herein as the "Managing Agent". The appointment of a Managing Agent may be revoked by either Owner at any time. If no Managing Agent shall be appointed and acting, and either (i) the Owners shall not be able to agree upon a matter relating to the management of the Common Elements or (ii) an -4- 0 c* 580 PAGE 83 Owner cannot get an answer from the other Owner after reasonable efforts (which, without limitation, shall be conclusively pre- sumed if an Owner receives no answer within ten (10) days after the mailing of a request therefor by registered or certified mail), at the instance of either Owner the matter may be sub- mitted to Coates, Reid & Waldron Property Management, in Aspen, Colorado, or if said organization is unable or unwilling to act, to any other property manager in Aspen, Colorado appointed by a Judge of the District Court in Aspen, Colorado. Any such matter shall be decided by Coates, Reid & Waldron or such other property manager on the basis of the best interests of the Owners as a whole. The decision of Coates, Reid & Waldron or such other property manager will be binding upon both Owners in the absence of fraud or bad faith. Any costs and expenses incurred in obtaining the services of Coates, Reid & Waldron or other prop- erty manager in connection with any such submission shall be considered a Common Expense. 13. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR AND EMERGENCIES. The Managing Agent and each Owner shall have the irrevocable right to have access to each Condominium Unit from time to time during reasonable hours as may be necessary for the inspection, maintenance, repair or replacement of any of the Gen- eral Common Elements thereon or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the General or Limited Common Elements or the other Condominium Unit. Damage to the interior of any part of a Unit resulting from maintenance, repair, emergency repair or replacement of any of the General Common Elements or as a result of emergency repairs within a Unit at the instance of the Managing Agent or the other Unit Owner shall be a Common Expense of both of the Owners; provided, however, that if such damage is the result of the negligence of a Unit Owner, then such Unit Owner shall be responsible for all such damage. 14. OWNER'S MAINTENANCE RESPONSIBILITY. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own and to be responsible for maintenance and repair of the exterior surfaces of such Owner's Unit and the Limited Common Elements assigned thereto, and the windows, doors, interior nonsupporting walls, materials, ceilings and floors within the Unit. An Owner shall not be deemed to own any utilities running through his Unit which serve more than one Unit except as a ten- ant in common with the other Unit Owner. Such obligation and/or right to repair, alter and remodel shall carry the obligation to replace any finishi-ng materials removed with similar or other types or kinds of finishing materials of equal or better quality, and to maintain the Owner's Unit and the Limited Common Elements assigned thereto in a neat and clean condition. Any material alteration, remodeling or refinishing of the General Common Ele- ments and any change in the exterior colors or materials of the Duplex shall require the prior mutual consent and approval of the Owners of both the Units, which consent shall not be unreasonably withheld. An Owner shall maintain and keep the interior of his own Unit and. the Limited Common Elements appurtenant thereto in good taste and repair, including the fixtures thereof. All util- ity systems, fixtures and equipment within the Unit, commencing at the point where the utility lines, pipes, wires, conduits or systems enter the Unit, shall be maintained and kept in repair by the Owner of the Unit. 15. COMPLIANCE WITII _PROVISIONS _OF DECLARATION. Each Owner shall comply strictly with the provisions of this Declaration as -5- • • eou 580 PAGE840 the same may be lawfully amended from time to time. Failure so to comply shall be grounds for an action to recover sums due and for damages or injunctive relief or both, maintainable by the Managing Agent (where appropriate) or by an aggrieved Owner. The prevailing party in any such action shall be entitled to recover reasonable attorney's fees and costs. 16. REVOCATION OR AMENDMENT TO DECLARATION. This Declara- tion shall not be revoked nor shall any of the provisions herein be amended unless the Owners of both Units, and all of the holders of any recorded Mortgages or deeds of trust covering or affecting either or both Condominium Units consent and agree to such revocation or amendment by instrument(s) which shall be duly recorded. 17. ASSESSMENTS FOR COMMON_ EXPENSES. The Owners of both Condominium Units shall be obligated to pay the assessments imposed by the Managing Agent or an Owner for the reasonable expenses arising out of or incurred in connection with the pro- tection, maintenance, repair and operation of the General Common Elements (the "Common Expenses"). A11 such annual or special assessments shall be shared equally between the Owners of the two Condominium Units unless the need therefor is caused by the actions of one of the Owners or his guests, in which case that Owner shall be solely responsible for such assessment. Assess- ments shall be made in the following manner. On or before December 1 of each year commencing with 1988, the Managing Agent or one of the Owners shall prepare and deliver or mail to each Owner an itemized Statement of Annual Assessment for Common Expenses for the next calendar year. Such Statement shall include the estimated cost of all Common Expenses which it is anticipated will be incurred during that year. The entire assessment imposed by such Statement of Annual Assessment shall be due and payable to the person sending the same no later than 60 days after the delivery or the mailing thereof, and it shall be the responsibility of the person receiving such funds to place them in a separate interest -bearing account and to pay the antic- ipated Common Expenses as and when they become due. Furthermore, with respect to Common Expenses which the Managing Agent or an Owner finds it necessary to pay and which are not covered by an Annual Assessment, the person paying the same may at any time deliver or mail to each Owner a Statement of Special Assessment for Common Expenses which itemizes all such payments and includes copies of all invoices paid thereby. The entire assessment imposed by each such Statement of Special Assessment shall. be due and payable to the person sending the same no later than 30 days after the delivery or the mailing thereof. For purposes of this Declaration, "Common Expenses" shall be deemed to include, without limitation, and annual or special assessments may thus be made, for the following: Expenses of management; general property taxes and special assessments, until separately assessed; fire and casualty insur- ance with extended coverage and vandalism and malicious mischief endorsements attached issued in the amount of the maximum replacement value of both of the Condominium Units; comprehensive public liability and other_ appropriate insurance coverages; landscaping and care of General Common Elements; common electri- cal_, water, gas and sewer charges unless and until any or all of the above are separately metered; repairs and renovations to the General Common Elements; garbage collections; wages; legal and accounting fees; expenses and liabilities incurred by the Manag- ing Agent or an Owner under or by reason of this Declaration; the payment of any deficit remaining from a previous period; the cre- ation of a reasonable contingency or other reserve or surplus • funds as well as other costs and expenses Common Elements. The omission or failure or the Owner(s) to fix the assessment for deemed a waives., modification or a release from their obligation to pay the same. Ox 580 PAGE 841 relating to the General of the Managing Agent any period shall not be of the subject Owners 18. INSURANCE. One policy of public liability insurance covering all of the General Common Elements shall be purchased and maintained in effect at all times by the Managing Agent or by the Owners of both of the Condominium Units, in an amount deemed appropriate by such Owners. In addition, the Owners or Managing Agent shall purchase and maintain in effect at all times fire, casualty, and extended coverage insurance on the Condominium Units as discussed in Paragraph 17 above. Insurance coverage on the furnishings, additions and improvements incorporated into a Unit by the Owner thereof and all items of personal property belonging to an Owner, and casualty and public liability insur- ance coverage within each Unit and those Limited Common Elements reserved for the exclusive use of a particular Unit Owner shall be the sole responsibility of the Owner thereof. 19. OWNER'S PERSONAL OBLIGATION FOR PAYMENT OF ASSESSMENTS. The amount of the Common Expenses assessed against or incurred on account of each Condominium Unit shall be the personal and indi- vidual debt of the Owner thereof,and shall accrue interest at the rate of 18 percent (18%) per annuin from the date due until the date paid. Suit to recover a money judgment for unpaid annual or special assessments and accrued interest shall be maintainable by the Managing Agent, or any aggrieved Owner, without foreclosure or waiving the lien securing same. No Owner may exempt himself from liability for his share of the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by aban- donment of his Unit. The prevailing party in such collection action shall be entitled to an award of his reasonable costs and attorney's fees as a part of the judgment entered therein. 20. LIEN FOR NONPAYMENT OF ANNUAL OR SPECIAL ASSESSMENTS. All sums due or unpaid for the share of Common Expenses assessed to Condominium Units 1 or 2, including interest thereon at eighteen percent (18%) per annum from the date due until the date paid, shall constitute a lien on such Unit upon the recording of a written notice in accordance with the provisions of this para- graph, which lien shall be superior (prior) to all other liens and encumbrances except: (a) Tax and special assessment liens on the Unit in favor of any assessing entity; and (b) All sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance and including additional advances or the refinance or extension thereof prior to the recording of the assessment lien. To evidence such lien, the aggrieved Owner or Managing Agent may, but shall not be required to, prepare a written notice setting forth the amount of such unpaid assessment, the name of the defaulting Owner and a description of the defaulting Owner's Condominium Unit. Such a notice shall be signed by the aggrieved Owner or the Managing Agent, as appropriate, and shall be recorded in the office of the Clerk and Recorder of the County of Pitkin, State of Colorado. Such lien for unpaid assessments shall attach from the date of recording and may be enforced by foreclosure on the defaulting Owner's Condominium Unit by the aggrieved Owner or the Managing Agent in like manner as a mort- gage or deed of trust on real property. In any such foreclosure the defaulting Owner shall be required to pay the costs and -7- • • BOON '580 PAGE842 expenses of such proceedings, the costs and expenses for filing the notice of lien and all reasonable attorneys' fees associated therewith. The foreclosing party shall have the power to bid on the Condominium Unit at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Any encumbrancer holding a lien on Condominium Units 1 or 2 may pay any unpaid asessments with respect to such Unit, and upon such payment such encumbrancer shall have a lien on such Unit for the amounts paid of the same priorty as the lien of his encum- brance. 21. LIABILITY FOR ASSESSMENTS UPON TRANSFER OF CONDOMINIUM UNIT. Upon payment of a reasonable fee not to exceed fifty dol- lars and upon the written request of any Owner or any Mortgagee or prospective Mortgagee of Condominium Units 1 or 2, the Manag- ing Agent or the Owner of the other Unit shall issue a written statement setting forth the amount of the unpaid assessments, if any, with respect to the subject Unit, and any credit for advance payments or for prepaid items, including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness is complied with within ten days after receipt, all unpaid assess- ments which became due prior to the date of making such request shall be subordinate to the lien of the person requesting such statement. The grantee of a Condominium Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that upon payment of a reasonable fee riot to exceed fifty dollars, and upon written request, any prospective grantee shall be entitled to a statement from the Managing Agent or Owner of the other Unit, setting forth the amount of the unpaid asssessments, if any, with respect to the subject Unit, stating any appropriate credit for advance pay- ments or for prepaid items, including but not limited to insur- ance premiums, which shall be conclusive upon the issuer thereof. Unless such request for a statement of indebtedness shall be com- plied with within ten days after receipt, then such grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments against the subject Unit which became due prior to the date of the request. 22. MORTGAGING A CONDOMINIUM UNIT - PRIORITY. Any Owner shall have the right from time to time to mortgage or encumber his Condominium Unit by deed of trust, mortgage or other secutiry instrument. Any such mortgage or encumbrance shall be entitled to whatever priority may be granted to it by law. 23. ATTORNEY -IN -FACT INCASE OF DESTRUCTION, CONDEMNATION OBSOLESCENCE, AND RESTORATION OR SALE OF PROJECT. This Declara- tion hereby makes mandatory the irrevocable appointment of an Attorney -in -Fact to deal with the Project upon its destruction, obsolescence, restoration, condemnation or sale in lieu thereof. Title to all Condominium Units is declared and expressly made subject to the terms and cond_it:ions hereof, and acceptance by any grantee of a deed from the Declarant or from an Owner shall constitute appointment of the Attorney -in -Fact herein provided. Both of the Owners irrevocably constitute and appoint the Managing Agent, from time to time appointed pursuant to this Declaration, their true and lawful attorney in their name, place and stead for the purpose of dealing with the property upon its we • 0 Pmox 580 PAGE843 destruction, obsolescence or condemnation as is hereafter pro- vided. In case no Managing Agent shall be appointed, then Coates, Reid & Waldron Property Management shall be designated as the Attorney -in -Fact. In case Coates, Reid & Waldron is unable or unwilling to act, then such other property manager in Aspen, Colorado as shall be appointed by a Judge of the District Court in Aspen, Colorado shall act as such Attorney -in -Fact. (a) Certain Definitions. The following terms shall have the following definitions: "Substantial Destruction" shall mean any casualty, dam- age or destruction to the Project or any part thereof if the Estimated Costs of Restoration less Available Funds are fifty percent or more of the estimated Restored Value of the Project. "Partial Destruction" shall mean any other casualty, damage or destruction of the Project or any part thereof. "Substantial Condemnation" shall mean the complete taking of the Project or a taking of part of the Project under eminent domain or by grant or conveyance in lieu of condemnation if the Estimated Costs of Restoration less Available Funds are fifty percent or more of the estimated Restored Value of the Project. "Partial Condemnation" shall mean any other such taking by eminent domain or by grant or conveyance in lieu of eminent domain. "Substantial Obsolescence" shall exist whenever both of the Unit Owners determine that Substantial Obsolescence exists or whenever the Project or any part thereof has reached such a state of obsolescence or disrepair that the Estimated Costs of Restora- tion less Available Funds are fifty percent or more of the Esti- mated Restored Value of the Project. "Partial Obsolescence" shall mean any state of obsolescence or disrepair which does not constitute Substantial Obsolescence. "Restoration," in the case of any casualty, damage or destruction, shall mean restoration of the Project to the same or substantially the same condition in which it existed prior to the casualty, damage or destruction; in the case of condemnation, shall mean restoration of the remaining portion of the Project to a condition as attractive, sound and desirable as reasonably practicable; and, in the case of obsolescence, shall mean resto- ration of the Project to a condition as attractive, sound and desirable as reasonable practicable. "Restored Value" shall mean the value of the Project after Restoration as estimated by the Attorney -in -Fact. "Estimated Costs of Restoration" shall mean the costs of restoration as estimated by the Attorney -in -Fact. "Available Funds" shall mean any proceeds of insurance or condemnation awards or payments in lieu of condemnation other than the income or funds derived through assessments. Available Funds shall not include that portion of insurance proceeds legally required to be paid to another party, including a Mortgagee, or that portion of any condemnation award or payment in lieu of condemnation payable to the Owner of a Unit for the condemnation or taking of all or a portion of that Owner's Unit. (b) Restoration of the Project. Restoration of the Project shall be undertaken at the request of either Owner in the event of Partial Destruction, Partial Condemnation or Partial Obsolescence but shall be undertaken in the event of Substantial mom • 0ooP580 PAGE844 Destruction, Substantial Condemnation or Substantial Obsolescence only with the consent of both Unit Owners and all first Mort- gagees. In the event the insurance proceeds actually received exceed the cost of restoration when such restoration is under- taken pursuant to this section, the excess shall be paid and dis- tributed to each Owner, or Mortgagee of an Owner, in proportion of such Owner's undivided interest in the Common Elements. (c) Sale of the Project. The Project shall be sold in the event of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence unless consent to Restoration has been obtained from both Unit Owners and consent to Restoration of all first Mortgagees has been obtained. In the event of such a sale, condominium ownership tinder this Declaration shall terminate and the proceeds of sale and any insurance proceeds, condemnation awards or payments in lieu of condemnation shall. be distributed by the Attorney -in -Fact to each Owner, or the Mortgagee of an Owner, in proportion to such Owner's undivided interest in the Common Elements. (d) Authority of Attorney -in -Fact to Restore or Sell. The Attorney -in -Fact shall have full power and authority to restore or to sell, as the case may be, the Project and each Unit in the Project whenever Restoration or sale, as the case may be, is to be undertaken as hereinabove provided. Such authority shall include the right and power to enter into any contracts, deeds or other instruments which may be necessary or appropriate for Restoration or sale, as the case may be. (e) Payment of Proceeds. In the event of Substantial Destruction, Condemnation or Obsolescence all insurance proceeds, proceeds of sale, condemnation awards, or payments in lieu of condemnation shall be paid to the Attorney -in -Fact, as trustee for all of the Owners and any Mortgagees, as the interests of such Owners and any such Mortgagees may appear. (f) Assessments for Restoration. When Restoration .is to be undertaken, the Attorney -in -Fact may levy and collect equal assessments from each Owner, payable over such period as the Attorney -in -Fact may determine, to cover the costs and expenses of Restoration to the extent not covered by Available Funds. Such assessments shall be secured by a lien on the Unit of each Owner as in the case of regular assessments. (g) Receipt and Application of Condemnation Funds. All compensation, damages or other proceeds constituting awards in condemnation or eminent domain shall be payable to the Attorney -in -Fact. The amount thereof allocable to compensation for the taking of or injury to a particular Unit or to improve- ments of an Owner therein shall be apportioned to the Owner of the Unit except to the extent used for Restoration of that Unit. The balance of the award shall be applied to costs and expenses of Restoration, if undertaken, and, to the extent not so applied, shall be allocated as follows: First, any portion of the award allocable to the taking of or injury to Common Elements shall be apportioned between both Owners equally; second, the amounts allocable to severance damages shall be apportioned to the Owner of a Unit which was not taken or condemned; and third, the amount allocable to consequential damages or for other purposes shall be apportioned as the Attorney -in -Fact determines to be equitable under the circumstances. (h) Reorganizat:io_n_in the Event of Condemnation. In the event all of a Unit is taken in condemnation, the Unit shall cease to be part of the Project, and the undivided interest in Common Elements appurtenant to that Unit shall automatically become vested in the Owner of the other Unit. -10- • • sou 580 PAGE845 24. MAILING OF NOTICES. Each Owner shall register his mailing address with the other Owner and all notices or demands intended to be served upon any Owner shall be sent by either reg- istered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices to be given to Mortgagees pursuant hereto shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the Mortgagee may have furnished to the Owners in writing. Unless the Mortgagee so fur- nishes such address, the Mortgagee shall be entitled to receive none of the notices provided for in this Declaration. Any notice provided under this Declaration shall be deemed given when deposited in the United States mail in the form provided for in this Paragraph. 25. PERIOD OF CONDOMINIUM OWNERSHIP. The separate condo- minium estates created by this Declaration and the Condominium Map shall continue until this Declaration is revoked in the man- ner and as is provided in Paragraph 16 of this Declaration or until terminated in the manner and as is provided in Paragraph 23 of this Declaration. 26. GENERAL. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the applica- tion thereof iri any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declara- tion. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (c) Whenever_ used herein, unless the context shall otherwise provide, the singular number shall include the plural_, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, larant has duly executed this Decla- ration this 13 day of fa 07 , 1988. DECLARANT: SPRING STREET TOWNHOUSES, LTD., a Colorado limited partnership By: M&W Pr ies, G neral Partner By: Frank J. oods, , a partner STATE OF COLORADO ) COUNTY OF PITKIN ) The foregaing instrument was acknowledged before me this day of , 1988, by Frank J. Woods, III as a partner in M& roperties, General Partner of Spring Street Townhouses, Ltd., a Colorado limited partnership. Witness my hand and official seal. -7 My commission expires: No Public -11- • • nt3 Cfz tk ,so ,S gd&,a a41ptn, Co. S16ii Pox 58 mGE830 306887 DECLARATION OF COVENANTS, RESTRICTIONS AND SILVIA DAVIS CONDITIONS FOR BROWNSTONE TOWNHOUSE CONDOMINIUM�ITK►N CNTY RECORDER SaMIN.0 STREET TOWNIEIOUSES� LTD. ("Covenantor"), for P�jif,9 43 AM '88 its successors and assigns, in consideration of the granting of an exemption from the full subdivision process for the purpose of condominiumization of the following -described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby does restrict such property, as follows: 1. Covenantor is the owner of the following described property (the "Property") together with the improvements thereon situated in the City of Aspen, County of Pitkin, State of Colorado: LOTS A AND B, BLOCK 104, CITY AND TOWNSITE OF ASPEN. Hereafter, Unit 1 and Unit 2, Brownstone Townhouse Condominiums. 2. The existing two units comprising the Brownstone Townhouse Condominiums, when the same are offered for rental, shall be and are hereby restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as defined in Section 7-1008(b) of Chapter 24 of the Aspen Municipal Code. 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 7-1004(C)(3) of the Municipal Code of the City of Aspen, as amended, become in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of Brownstone Townhouse Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the Property is adequately served by existing improvements and/or on the basis that the premises will not be served or bene- fited by the improvement or improvements proposed. Covenantor further agrees to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in the area of the Brownstone Townhouse Condominiums. 4. The covenants herein may be changed, modified or amended by the recording of a written instrument signed by the record owners of the Property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 5. The covenants herein contained shall run with the land and shall be binding upon all parties having any right, title or BOOK 580 PAUM interest in the Property or any part thereof, and their heirs, representatives, successors and assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 6. None of the covenants contained herein shall be released or waived in any respect during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 7. In any legal proceeding to enforce the provisions of these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorney fees and expert witness fees. IN WITNESS WHFJZfQF, this Declaration has been duly executed this -43L_ day of 1988. Spring Street Townhouses, Ltd., a Colorado limited partnership By: M&W Properties, general partne By: Frank J ., , nods , 1117, a partner STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The forgoing instrument was acknowledged before me this day o f ���•n-Y� - 1988, by Frank J . Woods, I I I as a partner in M&W Properties, the general partner of Brownstone Townhouses, Ltd., a Colorado limited partnership. Witness my hand and official seal. My commission expires: L s a, \njqo :=A, -2- I