HomeMy WebLinkAboutcoa.lu.ec.Spring Street Townhouses/Brownstone 2737-182-11-001
CASELOAD SUMMARY SHEET
city of Aspen
(
DATE RECEIVED: 11/7/88
DATE COMPLETE: ////4/VY
PARCEL ID AND CASE NO.
2737-182-11-001 59A-88
STAFF MEMBER: eN
PROJECT NAME: Sprinq 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. Sunnv Vann
Representative Address/Phone: P. O. Box 8485
Aspen. CO 81612 5-6958
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PAID:
YES
NO
AMOUNT:
$760.00 ~ ~
1 STEP: ~ 2
TYPE OF APPLICATION:
STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
VESTED RIGHTS:
YES NO
YES (!~
YES ,-- ~
VESTED RIGHTS:
CC Meeting Date ppc. ./;:)- PUBLIC HEARING:
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
REFE~LS: .
~ty Attorney
V" ty Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
state Hwy Dept(GJ)
Other
DATE REFERRED:
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,
INITIALS:
rDA
;~;~~-;OU;ING:-----------~~;;-;~~;~~-/~~INITIAL~--~~--
___ city Atty ~City Engineer ___,zo~ing ___ Env. Health
___ Housing _ Other: C' f,.j (II, & .
FILE STATUS AND LOCATION: /'7 ,A f.tl/1 ~
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MEMORANDUM
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
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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: "0" - 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
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to construction of
work and a bond in
provided before the
frontage only.
the sidewalk, an estimate for the
the amount of the estimate must be
plat will be signed; Hopkins street
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 nei ther 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.
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e.
Indicate the location and approximate
height of the evergreens in the
adjacent to the property.
diameter and
right-of-way
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 m1n1mum 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
lease restriction with no more than
tenancies per calendar year.
(6)
two
month minimum
(2) shorter
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:
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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
1)
2)
3)
4)
5)
shall include the following:
all parking spaces shall be indicated
the monuments shall have surveyor's caps 3)
location of water meters and dumpster or
other solid waste receptacles
the easement surrounding the transformer
location and approximate diameter and height
of the evergreens in the right-of-way
adjacent to the property.
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
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CASE DISPOSITION
To:
File
From:
Roxanne Eflin
Re:
Brownstone Townhouse Condominiums (formerly referred to
as the Spring street Townhouse Condominiums
Date:
December 13, 1988
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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
1)
2)
3)
4)
Plat shall include the following:
all parking spaces shall be indicated
the monuments shall have surveyor's caps
the location of the water meters and dumpster or
other solid waste receptacles
location and approximate diameter and height of the
evergreens in the right-of-way adjacent to the
property
name of the adjacent "Edge of Aspen Condos"
5)
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.
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MEMORANDUM
To: Cindy Houben, Planning Office
From: Chuck Roth, Assistant City Engineer ~~
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
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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
easements shown of title certificate number
been shown on the plat.
that all
have
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 will conf.
with the streets Department to see if they want the driu
cut back.
cc: Jay Hammond
CR/cr/memo_88.97
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MEMORANDUM
FROM:
city Attorney
city Engineer
Cindy Houben, Planning Office
Spring street Townhouses Subdivision Exemption for
Condominiumization
Parcel ID# 2737-182-11-001
TO:
RE:
DATE:
November 16, 1988
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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.
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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,
/!J~
Debbie Skehan
Administrative Assistant
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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.
2.
Exposed Aggregate Paving - 40 S.F. @ 4.00/S.F.
Brick Paving - 120 S.F. @ 7.00jS.F.
$160.00
840.00
TOTAL
$1,000.00
If you have any questions please do not hesitate to contact me.
Sincerely,
.
TGSjlls
4.10 S. Galena St., Suite 202 Aspen, CO 81611 3039256717
-
HAGMAN YAW
ARCHITECTS
lID
210 SOUTH GALENA
ASPEN. COLORADO 81611
303/925-1867
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6 December 1988
RECEIVED
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8 1988
City Engineer
Mr. Chuck Roth
Assistant City Engineer
130 South Galena
Aspen. Colorado 81611
Re: Spring Street Townhouses Subdivision
Exemption for Condominiumization
Dear Chuck:
Per our conversation regarding your December ". 1988 memorandum
on the above project. I would like to reiterate our conversation.
In regard to item 112 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 113 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 114 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.
~~~
Partner
DG:sv
cc: Cindy Houben
Sunny Vann
Frank Woods
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CITY,OFASPEN
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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
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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. /~~~
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.
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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
,
-.
Ms. Cynthia Houben
November 7, 1988
Page 3
possible, any
expedite the
appreciated.
assistance you may be able to provide to
review of our application would be sincerely
Very truly you
INC.
SV:cwv
Attachments
3)
A'rn\QJMENr 1 EXHIBIT A
(.,'\l\ND USE AI'PLIClITION FOru1
1) Project Ncute ~/~ ~ 7C>=-~~~, C:777.
2) . Project IDeation 76/1 /E):3 ~ #O,P/5/A-6 -1ve=: ~
..65~ ~r--,I) /o~ c/rr<4"/~//? 7b=~~"&-~5n::i</
(irxlicatd'street address, 1& & block mnnbcr, legal descnption where .
awrcpriate)
Present zoning C C/7'lc::::e 4) IDt Size c... COo ?
, ,
Applicant's Ncute, 1\ddress & !bone !I A./1-/ /7')omma;. Z~5
/
~771 /-//LL. s:r: 4~~ 9Z5-8c'32
/
Representative's Ncute, 1\ddress & fhone!l v.,..,y<./'</ ,~'l:~ M~
/~ /":,",.c:;/:lC>x~' A~-"/ ~~ V~;i-/..u
/ / /
Type of Awlication (please dleck all ~t awly):
5)
6)
7)
Con:litional Use
_ Conceptual SPA
Final SPA
_ Conceptual Historic Dev.
_ Special Review
_ 8040 Greenline
Final Historic Dev.
_ stream Margin
_ ~blal IUD
Final IUD
Minor Historic Dev.
.>
Historic Dennlition
_ lbmtain yiew Plane _ SUlxtivision .
. ./ CoOOanini.';"; ~~tion 'lbV+- /M~ ~-------~
...k:.. ( .~ _ ~~'7 .'~P """"'-"=....
_ Historic Designation
_ IDt SplitjIDt Line
1\djusl::ne1t
8) Description of Existing Uses . (f1I1riY>>:" arxl type of existing sb:uctures;
awraximate sq. ft.; ]'111riY>r of ~.......,,; any previa.lS awrovals granted to the
property) .
O-::>rt:-EX' Z I 3~-/ L;'-//7S
/
_ GQS Allobnent.
_ GQS Exenption
9) Description of Develcpnent Awlication
~/2':T-//I-//V~/ZA77~
10) Have"'-yoo attadJed the follow:irxJ?
V"'", Response to At:t:.ac::hroont 2, Mininum SlIhni"'-"'ion Contents
~,- Respollse to Att:adnnent 3, Specific SlIhni "''''ion Contents
.,./ Response to AttachIoont 4, Review starrlards for Your Awlication
.811..all.. till.. al[.. 811.. .'la .ll.....UCIIIIIII.., .1111" .1['...IUall.. 1II1[1..ll!.I.a11!!1!I.II_al[.. IIIIlf._. _,"11__ '1__ '1_-1[_.'1"11II11.11II11_.11_ III .1_ 11II1111I]
~wyersl1tle
Insurance @poration
EXHIBIT B
NATIONAL HEAOQUAFlTERS
AICHMOND. 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
(Rev. 10-17-70 & 10-17-84)
PROPOSED INSURED: M & W PROPERTIES
Amount $ 450,000.00
Premium $ 701.88
(b)ALTA Loan Policy, 1970
PROPOSED INSURED:
CENTRAL BANK OF ASPEN,
Amount $ 800.000.00
Premium $ 841.00
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 t. 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
P!TKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
Schedule A-PO.l
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
AuthorZi officer or
,.J.-A 'f '
l'Il_'., I! .
~;'~)'v(j~ 1'.
agent
Form 100 Litho in U,S.A.
n"".n lnn.nnAn'"
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,. ,
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~wyerslltle
Insurance (grporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE B-SECTION 1
REQUIREMENTS
~he following are the requirements to be complied 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 to be
insured must be executed and duly filed for record to-wit:
1. Deed from
to
Gary L. Watkins and Sandra M. Watkins
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 : $800,000.00
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 unlees
the Insuring Provisions and Schedules
A and B are attached,
Schedule B-Section 1 PG.1
Commitment No. PCT-1393-87
Form 100 Litho in U.S.A.
035-0-100-0040/2
.."...............,.."............."........"...............,....,...."....,,'"."..........'.....-."..."......."................,.......,...,..
..,1.. .,1- 1111- .I(~.,t".. 11....11... lll1l1Ji1.II" '.'lllfll 1111.. IIllt.llJ "llr....,lIliI.,lt..U... ...I_lIIlf....,I'1KL... ".II__U_.,I_ ..1".'1.. all.a'l_ .,l.all._ J:
,
~wyerslltle
Insurance (grporation
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.
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
taxing district.
7. Reservations and exceptions as contained in the Deed from the City
of Aspen 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.
=his commitment is invalid unless
the Insuring Provisions and Schedules
A anc B are attached.
Schedule B-Section 1 PG.1
Commitment No. PCT-1393-87
Forn1 100 litho to US.A.
035-0-100-0040/2
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kwyerslltle
Insurance (Qrporation
NATIONAL HEADOUARTERS
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 cocmi~ment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2 PG.2
Commitment No.PCT-1393-81
Form 100 Litho in U.S.A.
(n~ .n.lnn.nnAn'"
..II........II...I...II,...r...II...I...II...II...II...IItDl.I[....'''.II.._IU..II''.II...II...II..II__II_..I.._II.._II_..I''..I''_.I__II....r.._.'
kwyP':'s l1tle Insurance C9rp('':ltion
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 Band 10 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
Commitmem or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability a'nd
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 STIPULA nONS
1. The term "mortgage." when used herein, shall include deed of trust. trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those showA in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing. the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company. or if
the Company otherwise acquires actual knowledge of any such defect. lien. encumbrance, adverse claim or other
matter. the Company at its option may amend Schedule B of this Commitment accordingly. but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate
exceptions shown in Schedule B, or (c) to acquirp. or create the estflte 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
commiued for and such liability is subject to the insuring prOVisions and the Conditions and Stipulations and the
Exdusions from Coverage of ttle form of policy or policies commit!~d for in favor or 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 thai 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.
kwyers lllle Insu~ <9rporallon
07 crktC. rJ ~o'^-
President
Attest:
4aVC L
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 8lG11
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
EXHIBIT D
EXHIBIT A
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
~
-G-
o
-
DECLARATION OF COVENANTS, RESTRICTIONS AND
CONDITIONS FOR BROWNSTONE TOWNHOUSE CONDOMINIUMS
SPRING STREET TOWNHOUSES, I.TD. ("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 t,hat 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
c
'1
,~ ..,....
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 Brownstone
Townhouses, Ltd., a Colorado limited partnership.
Witness my hand and official seal.
My commission expires:
Notary Public
-2-
BOQ1i' 580 PAGE 832
3 0 6 8 R c
SILVIA DAVIS
PITKIN CNTY RECORDER
nEe 14 9 44 AM '88
CONDOMINIUM DECLARATION
FOR
BROWNSTONE TOWNHOUSE CONDOMINIUMS
(A Condominium)
BOOK 580 PAGE833
INDEX
Caption
Page
1.
Definitions
1
a) Unit
b) Condominium Unit
c) Owner
d) Mortgage
e) Mortgagee
f) Condominium Map
g) Common Elements
h) General Common Elements
i) Limited Common Elements
j ) Real Property
k) Project
1) Managing Agent
1
1
1
1
2
2
2
2
2
2
2
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
8. 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
"". .,
BOOK 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
vi) Estimated Costs of Restoration
9
9
vii) Available Funds
9
Restoration of the Project
9
b)
c)
d)
Sale of the Project
10
Authority of Attorney-in-Fact to Restore or Sell
Payment of Proceeds
10
10
e)
f)
g)
h)
Receipt and Application of Condemnation Funds
10
10
Assessments for Restoration
Reorganization in the Event of Condemnation
10
24. Mailing of Notices
10
25. Period of Condominium Ownership
11
26. General
11
,/
BOOK 580 PAGE835
CONDOMINIUM DECLARATION
FOR
BROWNSTONE TOWNHOUSE CONDOMINIUMS
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, SPRING STREET TOw]uIOUSES, 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) ",tiortqaqe" means any mortgage, deed of trust, or other
security instrument. by which a Condominium Unit or any part
thereof is encumbered.
"
580 PAGE836
BOOK
(e) "Mortgagee" means any person or entity named as the
mortgagee or beneficiary under any mortgage which encumbers the
interest of any Owner.
(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 Property" means: Lots A and B, Block 104, 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.
(l) "Manaqinq Aqent" means the person or entity which shall
be appointed from time to time by the Owne~'s 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:
-2-
""'"'".--"_.............._._---~~~.,---'-'--~-"-,'-'.~,=-....-,~--
BOOK
580 PAGE837
Unit Desiqnation
Interest
Unit 1
Unit 2
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 tcheir 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. INSEPARABILITY OF A UNIT. Each Unit and the undivided
interest in the Comnon Elements appurtenant thereto shall be
inseparable and may be conveyed, leased, encumbered, devised or
inherited only as a Condominium Unit.
4. DESCRIPTION OF A CONDOMINIUM 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 'fownhouse 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 Con~on 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.
Declarant shall give written notice to the assessor of Pitkin
County, Colorado, of the creation of condominium ownership of
this property, as is provided by law, so that each Unit and the
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. NONPARTITIONABILITY 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___"
BOOK 580 PAGE838
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-l008(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-
BOOK 580 PAGE839
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 - MAIN1'ENANCE, REPAIR AND
EMERGENCIES. The Managing Agent and each Owner shall have the
irrevocable right to have access to each Condominium Unit fronl
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 finishing 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 WITH PROVISIONS OF DECLARATION. Each Owner
shall comply strictly with the provisions of this Declaration as
-5-
, . ~~-~-'""'~~
BOOK
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"). All 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 Assessmen't 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
-6-
~","",-'''',;...,-_._~-_.,-~
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buuM 580 PAGE841
funds as well as other costs and expenses relating to the General
Common Elements. The omission or failure of the Managing Agent
or the Owner(s) to fix the assessment for any period shall not be
deemed a waiver, modification or a release of the subject Owners
from their obligation to pay the same.
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 annum 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-
,
BOOK '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. LlABILITY 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 not 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 reqnest 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, Dlortgage 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 IN CASE OF DESTRUCTION, CONDEMNATIONL
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 conditions 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
-8-
>...,,;.'.'....
gOOli ~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
-9-
/" ..,
BOO1\ 580 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 under 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) Reorqanization 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-
,........
BOOK 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 in 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 Jl day of -J/.e<!. , 1988.
DECLARANT:
SPRING STREET TOWNHOUSES, LTD., a
Colorado limited partnership
By:
partner
STATE OF COLORADO
COUNTY OF PITKIN
,--,.d:... The for~' ng instrument was acknowledged before me this
~, day 0 .,.".\......,., 1988, by Frank J. Woods, III as a
partner in M& roperties, General Partner of Spring Street
Townhouses, Ltd., a Colorado limited partnership.
"",
"
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Witness my hand and official seal.
-~t~q9a
My commission expires:
.
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No Public
-11-
-
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BOOK
>""'""'I
58~GE830
3 0 6 8 8 7
.",....;
DECLARATION OF COVENANTS, RESTRICTIONS AND SILVIA DAVIS
CONDITIONS FOR BROWNSTONE TOWNHOUSE CONDOMINIUM~ITKIN CNTY ~ECORDER
SPRTNG STREET TOWNHOUSES~ LTD. ("Covenantor"), for D€lSl~f,9 43 AM 'B8
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
''to
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BOOK
580 PAGE 831
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 WH~~, this
this -13- day of ~/.
Declaration has been duly executed
, 1988.
Spring Street Townhouses, Ltd.,
a Colorado limited partnership
By: M&W Properties, general
partne
STATE OF COLORADO
ss.
COUNTY OF PITKIN
~ The fo~ing instrument was acknowledged before me this
\~ day of~n-~.-- , 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:
~BI \qqo
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<;"91) 8<2
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611 '7n~7 /0" /'/ /l '
(303) 925-2020 cL- /'</ - /00<- -/I - C/O /
LAND USE APPLICATION FEES
City
00113
- 63721
- 63722
- 63723
- 63724
- 63725
- 63726
- 63727
- 63726
- 47331
- 47332
- 47333
- 47341
- 47342
- 47343
- 47350
- 47360
00125
00123
00115
REFERRAL FEES:
- 63730 - 47380
- 63730 . 47380
- 63730 - 47380
County
00113 - 63711 - 47431
- 63712 - 47432
- 63713 - 47433
- 63714 - 47441
- 63715 - 47442
- 63716 - 47443
- 63717 - 41450
- 63718 - 47460
REFERRAL FEES:
00125 - 63730 - 47460
00123 - 63730 - 47480
00113 - 63731 - 47480
00'13 - 63732 - 47480
GMP/CONCEPTUAl
GMP/PRELlMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL ,-STEP APPLlCATlONSI
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUB-TOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL l-STEP APPLlCATIONS/
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENVIRONMENTAL COORD.
ENGINEERING
SUB-TOTAL
PLANNING OFFICE SALES
00113 - 63061 .09000 COUNTY CODE
- 63062 - 09000 COMPo PLAN
- 63066 - 09000 COPY FEES
- 63069 . 09000 OTHER
SUB- TOTAL
TOTAL
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", va
'1 J ,f'
'Yf-;) r!r)
Project:
( I'17UPi>r?AI 11 ,'rll'}l! 7/i. /.. A
, ,.
Dateo I I
, j
II 01 Hours:
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