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HomeMy WebLinkAboutLand Use Case.EC.1250 Snowbunny Ln.44A-87CWAM/ OUM f2l&6N-) I E ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City nn113 - 63721 - 47331 GMP/CONCEPTUAL - 63722 - 47332 - 63723 - 47333 - 63724 - 47341 - 63725 - 47342 - 63726 - 47343 - 63727 - 47350 - 63728 - 47360 REFERRAL FEES: 00125 -63730 -47380 00123 -63730 -47380 00115 -63730 -47380 County 00113 63711 63712 63713 63714 63715 63716 63717 - 63718 GMP/PRELIMINARY GMP/FINAL SUB/CONCEPTUAL SUB/PRELIMINARY SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ ICJ U� CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING 47431 GMP/GENERAL 47432 GMP/DETAILED - 47433 GMP/FINAL 47441 47442 - 47443 - 47450 - 47460 REFERRAL FEES: 00125 63730 47480 00123 63730 47480 00113 63731 -47480 00113 63732 -47480 SUB -TOTAL SO -O C SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENVIRONMENTAL COORD. ENGINEERING PLANNING OFFICE SALES 00113 - 63061 - 09000 COUNTY CODE - 63062 - 09000 COMP. PLAN - 63066 - 09000 COPY FEES - 63069 - 09000I/ OTHER 4)alil,a %%U Pnntr,//. Name: � / Ur _0C &S Address: / '� "� 6O �?Jh Check # Additional Billing: SUB -TOTAL SUB -TOTAL TOTAL Phone: Prot: f� Date: # of Hours: 0 • • CASELOAD SUMMARY SHEET // p City of Aspen DATE RECEIVED: LIZ6 PARCEL ID AND C NO. DATE COMPLETE: �� b STAFF MEMBER- C� PROJECT NAME: �(I )� A Dw iUIuml ?O (�L� Project Address: APPLICANT: 7 G ApplicantAddress_ /�,,��//�� 5 REPRESENTATIVE- 5lll l' Representative-Address/Phone: TYPE OF APPLICATION: PAID: YES NO AMOUNT: • 1 STEP APPLICATION: Cc �--7r MEETING DATE: DATE REFERRED- 2 STEP APPLICATION: CC MEETING DATE: DATE REFERRED: QA-, l `i PUBLIC HEARING: YES O INITIALS: li L PUBLIC HEARING: YES NO INITIALS: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief B1dg:Zon/Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: INITIA City Atty -\(/ City Engineer Bldg. Dept. • Other: FILE STATUS AND LOCATION: Lua, // 7oa s MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Cindy Houben, Planning Office '�14� RE: Two Hares Condominiumization DATE: December 14, 1987 60)W,IW,PAI 4 157 +� "PC�' The Planning Office recommends approval of a subdivision excep- tion for the purposes of condominiumization for the new residen- tial development known as the Two Hares Duplex. BACKGROUND APPLICANT: David Muckenhirn. REQUEST: Condominiumization of two dwelling units. LOCATION: 1250 Snowbunny Lane. ZONING: R-15 DESCRIPTION OF THE PROPOSAL: The Two Hares duplex is presently nearing completion. The owner requests that the duplex be condominiumized in order to allow each unit to be sold separate- ly. CHARACTER OF THE AREA: The Two Hares duplex is located in a residential area of the city which is predominantly long term residential units. REFERRAL COMMENTS: 1. City Attorney: The City Attorney has not commented at this time but may comment at the public meeting. 2. Engineering Dept: The Engineering Department reviewed the application and request the following additional information on the Plat which was submitted: 1) A legal description of the property which should include the total acreage to the nearest one -thousandth (0.001) of an acre. • 2) The location of the water and electrical meters. 3) A title and/or Mortgage Certificate (requires notariza- tion). 4) The Surveyor Certificate should include statements confirming that the survey balances and closes within a limit of one in ten thousand (10,000) and that all easements are plotted as indicated on the title commitment. 5) The name, address, and telephone number of the owner, subdivider, and designer of the subdivision. 6) The adjoining street dimension, width of Snowbunny Lane. 7) An agreement to join improvement districts with language that is available from the City Attorney's Office. PLANNING OFFICE COMMENTS: Section 20-19(c) of the Municipal Code empowers the City Council to grant an exception from the strict application of the subdivision regulations when it is determined that the complete subdivision process serves no public purpose and is unnecessary. The applicant's request is for a change in the form of ownership of new residential development. In the staffs opinion, it is most appropriate to review this condomin- iumization request as a subdivision exception and consider the request in one review hearing. Section 20-22 establishes criteria for the review of condomin- iumizations. Each of the criteria are addressed below. Criteria 1: Existing tenants must be given notice of sale � 3fand first right of refusal. F Review: This criteria is not relevant because The Two Hares `'� Duplex is a new project with no occupants. (Criteria 2: All units must be restricted to six (6) month minimum lease with no more than (2) two shorter tenancies VV, per year. UUaL Review: The applicant requests that this provision of the /Y Code be waived. The Planning Office recommends that the six (6) month minimum lease provision not be waived, for the =t reasons that follow. As you may recall, the staff brought up the question of when the six month minimum lease provision should be waived and when it should be applied. We determined that in particular ��h� j , 2 n to n oar 5 0�" -tU�n C�ruP vn 5nW Caaes AA Gir�� icy �� L_ t�►� VD fill-�� , 0-el3 /%� n • c, "'''„ 'cam areas of town a request to waive the 6 month minimum lease restrictions may be appropriate. These are the areas that are predominantly tourist in nature; the commercial and lodge districts. The residential areas such as the R-6 and ,J�iVr the R-15, however, are not areas which have short term�� rentals. The intention section for these districts reflect that these zone districts are to be utilized as long-termJp residential areas, as compared to the lodge and commercial districts, which were created to allow short term accommoda- tions. Finally, the residential/ Y multi-famil and office �. zones are mixed zone districts in which both long and short- j(� d'St term uses may be appropriate. lk Specifically, to allow short term accommodations to expand into the (Snowbunny) residential area is inappropriate with regard to the existing neighborhood and underlying reasons ^^// for residential zoning in the City. Short-term uses-have�(?64 significant parking, noise and other impacts which are °isf inappropriate in this neighborhood. Therefore, the Planning bonCd Office recommends to the Council that the 6 month rental restriction not be waived in the case of the Two Hares condominium application. y— Criteria 3 : Demonstration that approval will not reduce the supply of low and moderate income housing. Review: This criteria is not relevant because 1250 Snowbunny is a new development . The duplex was created on a lot which was previously vacant. Criteria 4: The units must be inspected for fire, health and safety conditions prior to condominiumization. Review: The units will be inspected prior to the issuance of a Certificate of Occupancy. ADVISORY COMMITTEE RECOMMENDATION: None. This item has been brought directly to City Council. RECOMMENDED MOTION: The Planning Office recommends approval of the application via the following motion: 14 ` k "Move to grant subdivision Exception for purposes of condominiumization for 1250 Snowbunny Lane with the,,follow- ing conditions:U`P� Is 1) The applicant shall submit a statement of subdivision exception, to the satisfaction of the City Attorney, including statements that: a. The units will be subject to six month minimum leases with no more than two shorter tenancies per 3 year, and b. The applicant agrees to join any improvement district which may be formed. 2) The applicant will amend the plat to include the following: a. A legal description of the property which should include the total acreage to the nearest one - thousandth (0.001) of an acre. b. The location of the water and electrical meters. C. A title and/or Mortgage Certificate (requires notarization). d. The Surveyor Certificate should include statements confirming that the survey balances and closes within a limit of one in ten thousand (10,000) and that all easements are plotted as indicated on the title commitment. e. The name, address, and telephone number of the owner, subdivider, and designer of the subdivi- sion. f. The adjoining street dimension, width of Snowbunny Lane. CH.TWO oil J. 4 I * TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Glenn Horn, Planning Office SUMMARY The Planning Office recommends approval of a subdivision excep- tion for the purposes of condominiumization for the new residen- tial development known as BACKGROUND APPLICANT: H4wd4f :ems . t" +�� i71. APPLICANT'S REQUEST: Condominiumization of -fa -r dwelling units. :� u• i:� �7 iA c i i:� � �•i:Qcs:C s�:� L�S7iiiiY.Ti: LOCATION: 7OO—EHy4m�v . fl,v I Z 7� J�G .'-L (/ i4�a-'. V.:l ;' L��:./ _/f�i !_�✓ w I n� c=,- l DESCRIPTION OF PROJECT: Two duplex residential units,! presently nearing completion. t o (see-attachment----T- a� . ZONING: Vie. Q , IS CHARACTER OF THE AREA: The subject property is located in a t-. ti. -7 n}ainc a predominantly long-term residential area _ REFERRAL COMMENTS: 1. City Attorney: The City Attorney has not commented at this time but may comment at the public meeting. 2. Engineering Department: The City,Engine r requests a grant of 7' x 10' . easemen in % the ar�a aro nd 'the transf rmer..' If t e applicant agrees to g nt the easeme t w it's ould b� shon on t �e plat Id gra to via a separate easement document prepared by the appli ant. Prior to finalization of the plat all deficiencies noted by the City Engineer should be corrected. PLANNING OFFICE COMMENTS: Section 20-19(c) of the Municipal Code empowers the City Council to grant an exception from the strict application of the subdivision regulations when it is determined that the complete subdivision process serves no public purpose and is unnecessary. The applicants request is for a new residen- tial development. In the staff's opinion, it is most appropriate to review this condominiumization request as a subdivision exception and consider the request in just one review hearing. Section 20-22 establishes criteria for the review of condominium- ization. Each of the criteria are addressed below. Criteria 1 - Existing tenants must be given notice of sale and first right of refusal. ' ' ;U r� J,V.V' Review - This criteria is not relevant because is a new project. Criteria 2 - All units must be restricted to six (6) month minimum lease with no more than two (2) shorter tenancies per year. )0-7/61 r Review - The applicant he 9ode E) e :i v Criteria 3 - Demonstration that approval will not reduce the supply of low and moderate income housing must be provided. i Z SZ 6,v ra_.. � v, h� ; Review - This criterion is not relevant because 7-GQ—E_-1Iy-m-a_n is a new development and, therefore, tenants will not be displaced. The project is being developed on l,lotN which t•� previously vacant. 17 Criteria 4 - The units must be inspected for fire, health, and safety conditions prior to condominiumization. Review - The units will be inspected prior to the issuance of a Certificate of Occupancy. ADVISORY COMMITTEE RECOMMENDATION: None. This item has been brought to City Council directly. RECOMMENDED MOTION: The Planning Office recommends approval of the application via the following motion: "Move to grant condominiumization 82 r,- Ci- e c GL a �2 Za Subdivision Exception for purposes of for to t#e fo3l�wing 0 Uct'r G,� ,at -ell, C-3 le - G � e- /-5— �j,� �---�� � G�-�---- �.,-. cam, ,t•� - � �...�/,� - ls- Y7 - �- CONDOMTrTTUMM DKIARATTOPTFOP $ 54 E"'jQV TWO HARES CONTDOMTNTUMS (A Condominium) January 4, 198F? KNOW AIL MT FRY THFSF PRESFNPS r WHFRFAS, DA`TTD MUCKFNHIRDT, hereinafter called "Declarant", is the owner of the followinq described real property situated in the City of Aspen, Cnuntv of Pitkin, State of Colorado, to wit: Tot o FRI ock Snowbunny Subdivision _ Recorded at Rook ,p Paqe Aspen Peal. Property Records, County of Pitkin, State of Colorado WHFRFAF, the above described property is presently developed with the followina improvements, to wit: A two story frame duplex house (the "Duplex"), containing two, four bedroan, four bath apartments; and WFFPFPS, DPcla.rant 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". rT(V, THFFFFOFF, Declarant does hereby publish and declare that the followina terms, covenants, conditions, easements, uses, restrictions, limitations and obligations shall be deemed to run with the land, shall be a burden upon and a Ienefit to Declarant, Decl_arant's heirs, personal representatiues, successors and assigns anO any persons acouiring or owning an interest in the real property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. 1. DFFTTTTTTONS. Unless the context shall expressly provide otherwise, the followina definitions shall apply: (a.) "Unit" means the individual air space contained within the interior surfaces of the perimeter walls, floors, ceilingF, windows, doors and built-in fireplaces, if any, of each of the apartments located in the Duplex situated on the real property described above, together with all fixtures and improvements therein contained, but not including any of the structural canponents of such ruildinq, if any, within a Unit contained therein, which Units are shown on the Condominium Map and identified thereon by the letters A and R. (h) "Condominium Tinit" means a Unit together with the undivided interests in the Common Elements appurtenant to such Unit. (c) "Owner" means the person or persons or entity or entities, includinq Declarant, who own fee simple title to a Condominiun 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. (e) "Mortgagee" means anv person or entity named as the mortgagee or beneficiary under anv mortgage which encumbers the interest of anv Owner. ae AN* z v, to a� Gb > C7) m ._ W a K 554 PAGE490 (f) "Condominium Map" means the Condominium Map for `iwo Hares Condom-.niums�iT-�. or to be .filled in the records in the office of the Clerk and Recorder of Pitkin County, Colorado. The Condominium Map is recorded at Pook jo_, Page 4-+ -4'� , Pitkin County, Colorado. (a) "Condominium Elements" means: (i) all of the Real. Property; Hi) the foundations, columns, girders, beam-, supports, main wale, roofs and crawl --paces contained i.n each of the building improl7ements which are the subject of this Declaration, and the "party_ Fall." dividing Units 1 and 2 as shown on the Condominium Map; (iii) the installations in such buildings consisting of the equipment and materials making up the central services such as +arks, pumps, motors, fans, compressors, ducts, power, sewer, liaht., gas, hot and cold water, heati.na, ventilating and air conditi_oninq and, in aeneral, all apparatus and installations existing for common use- and (i.v) all other parts of the Duplex unit and of the above described real property necessary or convenient to its existence, maintenance and safety or normally in camwn use. Drone of the common elements may be conveyed to a person or entity other than a Condominium Unit owner. (h) "General Common Flements" means all Comwn Flements except Limit ed Common Flements, as hereinafter defined. None of the C,eneral Common Fl.ements may be allocated subsequently as limited Ccmwn Flements. (i) "Limited Cctmx)n Fl.ements" means any portion of the Common Elements designated herein for the exclusive use of the Owner or Nmers of a Condominium Unit or Units. The portion-- of Lot 9 designated on the Condominium Map, "I..C.F. A" are hereby designated for the exclusi-e use of the Owner or Owners of TTnit A. The portions of Iot 9 designated on the Condominium Map, IT.C.F. P" are hereby designated for the exclusive use of the Owner or. Owners of Unit B. (1) "Real Property" means: A parcel of land bei.na all of Lot 9, Block 2, Snowkunny Subdivision, City of Aspen, County of Pitkin. (k) "Project." means the Peal Property and all buildings and other improVements now or hereafter located on the Real Property, and all rights, easements and appurtenances belonainq thereto. (1) "Managing Agent" means the person or entity which shall be selectee? and appointed by the Owners of the Condominium Units pursuant to the provisions of Paragraph 11 of this Declaration. 2. DTVTSIODT TITTr COTTDOMTNIUM UINITS. The Project is hereby divided into two (2) condomini-um Vnits, each consisting of a separate fee simple estate in a particular Unit and the followi.na described appurtenant undivided fee simple interests i.n the Common Flements: (a) Real Property Common Flements: Unit A 50% Unit P 50% (b) nupl ex Common Fl ernent- s -- Unit A 505�- Unit P 50% Fach owner shall own his appurtenant undivided interests in the Common Elements as a tenant in common with the Owner or Owners also owning an interest in such Common Flements. 3. MIQFPAPAPTLTmY OF A UNIT. Fach [snit and the undivided interests in the Common Flements appurtenant thereto shall he inseparable and may be i • L1WLM 5 J L Pif r- 4K conveved, leased, encumbered, devised or inherited only as a Condominium Vni t .' 4. DF.G(?TPTION OF P COT'TOMTNTUN MITT. Every deed, lease, mortgage, trust deed, will, or other instrument may legally describe a Condominium Unit by its identifyina Unit letter, followed by the words "Condominiums" with further reference to the recorded Declaration and 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 use of the Limited Common Flements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the Game. 5. SFPARATE AGSFSSMn7 AND TAXATION - ITYPICF TO ASSESSOR. Declarant shall_ give written notice to the assessor of Pitkin County, Colorado, of the operation 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 ioi.nt tenants or as tenants in common, or in any real property tenancy re1_atinship recognized under the .laws of Colorado. 7. NODTPARTITIONABTLITY OF COMMON EI:FMFNTS. The Common Elements shall be owned in common by the Owners as hereinafter provided, and there shall be no Judicial or other partition of the Common Elements or any part thereof, nor shall any Owner bring any action seeking partition thereof. P. VSF OF ITITTS; GFNERAL AND I-IMITFD COMMON ELEMENTS. Each Owner shall be entitled to exc].0 eV1G ownership and possession of. his Unit. Fach Owner may use the General and Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful riahts of the other Owners. Q. FASFMP'ArI'S FOR FNCROACPMFATT'S. Tf any portion of the Common Flements 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 adjoini.nq 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 encroachment and easements shall not be considered or determined to be encumbrances either on Common Flements or the Units. 10. TFRMTDT TTON OF MECHANIC'S LIEN RTGPTS AND INDFMIFICATION. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of the Owner thereof or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the Unit of any other Owner not expressly consenting to or requesting the Game, or aciairst the interests in the Common Elements owned by such other Owners. Fach Owner shall. indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit of any 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 Owner's Unit at such Owner's reauest. 11. ADMINISTRATION AND MArWTMEIT. Each Owner shall manage his own Unit, unless the owners of Units A and B agree by voting upon the appointment of a Managinq Agent to administer both such Units. Each Unit shall have one vote. Notices of Appointment of the Managing Agent by the Owners of I'nits A and P hereunder shall be placed of record by the Manager insofar as reauired by law or practice. Until. changed by a vote of the Owners of Units A and P, the initial. Managinc_r Aaent of such Units shall be David Muchenbir.n. 12. RFSF'RVP.TTON FOR ACCESS - MATITM7PNCF, PFPAIR AND FMFRGENCCIFS. The Owners shall have t-he irrevocable right to have access to each Unit from time to time durina reasonable hours as may be necessary for the inspection, maintenance, repair or replacement of any of the General Common Fl.ement.s thereon or accessible therefrom or for making emergency repairs therein necessary to prevent damao_e to the General or Limited Common Elements or to another Unit or Units. Damage to the interior of anv part. of a Unit resulting from maintenance, repair, emergency repair or replacement of any of the General. Common Flements or as a result of emergency repairs within a Unit at the instance of another Unit. Owner shall be a Common Fxpense of all of the Owners of Units having an interest in such General Common Elements; provided, however, that if such damage is the result of the negligence of.. a. Unit Owner, then such Unit Owner shall be responsible for all. of such damage. 1?. OH'TTRRG' MATITTFNANCF RFSPONSIBILITY. For purposes of maintenance, repair, alteration and remodeling, an owner shall be deemed to own and to be responsible for the exterior surfaces of such owner's Unit and the Limited Common Flements assigned thereto, and the windows, doors, interior nonsupportino 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 tenant in common with the adjoining Unit Owner. Such obligation and/or riqht to repair, alter and remodel shall carry the ohlioat.ion to replace anv f.i.nishina materials removed with similar or other tvpes or kinds of finishing materials of equal or better aualitv,and to maintain the Limited Common Elements in a neat and clean. condition. Anv material_ alteration, remodeling or refinishing of Units A or P shall reaW re the prior mutual. consent and approval of the Owners of both of said Units. An Owner shall maintain and keep the Interior of his own Unit. and the T•imitecl Ccxmn Elements appurtenant thereto in good taste and repair, including the fixtures thereof. All fixtures and eauipment installed with the T'nit cocmiencina at a point where the utility lines, pipes, wires, conduits or. systems (which for brevity are hereafter referred to as "utilities") enter the Unit shall be maintained and kept in repair by the Owner thereof. 13. a. ro owner may create obnoxious noise or activities or unsi.obtly appearances to include trash, abandoned vehicles or TV antennas or similar activities which would adversely affect the enjoyment or value of the other Unit. 14. C(` T,TANCF WTTH PROVISIONS OF DFCS,ARATION. Fach. Owner shall. copy strictly with the provisions of this Declaration as the same may be lawfully amended from time to time. Failure so to comply shall be grounds for an action to recover stung due and for damages or injunctive relief or both, maintainable by the Managing Agent (where appropriate) or by an aggrieved Owner or Owners. 15. RFIWATTON OR AMFNCMFNT TO DFCIARATION. This Declaration shall not be revoked nor shall anv of the provisions herein be amended unless the owners of both units, and al.l of the holders of any recorded Mortgage or deed of trustcovering or affecting any or all Condominiun Units consent and aqree to such revocation or amendment by instrument(s) which shall be duly recorded. 16. ASSFSSM"'T FOR UNTTS A AND B COMMON EXPFNSFS. The Owners of Units A and P shall be obli_aated to pay the assessments imposed by the Managing Agent to meet the Common Fxpenses incurred in connection with such Units. Except for Limited Common Elements liability insurance premiums, the assessments shall evenly divided between the Owner(s) of Unit A and the Owner(F) of Unit P. Assessments for the estimated Common Expenses, includina all insurance except the aforesaid liability, shall be due quarterly in advance on the first days of January, April, July and October. The Managim Agent or other Owner incurri.na the cost shall prepare and deliver or mail to each Owner an itemized statement showing_ the various estimated or actual. expenses for which the assessments are made. Contribution for auarterly assessments shall be prorated if the ownership of PION 5r1 a Condonini tin tfiit commFnceF on a clay_ other than the f i rst clay of a calendar year. Assesments for reasonable actual- Common Expenses may be made, by the Manaaina Agent, or an Owner incurring the same, among other things, f_cr the following: Expenses for management; taxes and special assessments, until separatel.v assessed; .fire insurance with extended coverage and vandalism and malicious mischief insurance with endorsements attached issued in the amount of the maximum replacement value of Units A and B; casualty and other insurance premiums; Landscaping and care of General Common Elements; common electrical, water, gas and sewer charges unless and until any or all of the above are separately metered- repairs and renovations; garbage collections; wages; legal. and accountina fees; management fees; expenses and liabilities incurred by the Managing Agent or other C!Fmer under or by reason of this Declaration; the payment of any deficit remaining from a previous period; the creation of a reasonable contingency or other reserve or surplus fund as well as other costs and expenses relating to the appurtenant Common Elements. The omission or failure of the Managing Agent to fix the assessment for any quarter shall not be deemed a. waiver, modification or a. release of the subiect Owners from their obligation to pay. 17. INSUPArTCF. 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 Owners of all of the Condominium Units, in an amount deemed appropriate by such Owners, and the cost thereof shall be shared in accordance with such Owners' respective undivided interests in the Real Property Common Flements. Fire, casualty and extended coverage insurance, on the ether hand, shall be the sole responsibility of the Owners of Units A and P (or the Manaaing Agent as above provided) with respect to Units A and B. Insurance coverage on the furnishings, additions and improvements incorporated into a Unit and all items of personal property belonging to an Owner, and casualty and public liability insurance coverage within each undivided 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. 18. OWNER'S PFRSONAI- OBLIGATTON FOP PAYMFTVr OF ASSFSSMEN'I'S . The amount of the Common Fxpenses assessed against or incurred on account of Condccniniun Units A or B shall be the personal. and individual debt of the Owner thereof. Suit to recover a money iudgment for unpaid Common Expenses shall be maintainable by the Managinq Agent, or any aggrieved Owner without .foreclosure or waiving the lien securing same. No Owner may exempt himself fran liability for his contribution towards the Common Expenses by Waiver of the use or eniovment of any of the Common Fl.ements or by abandonment of his Unit. 19. I,Tnl FOR NONPAYM IT OF COMMON FYPFNSFS. All s«ns due or unpaid for the share of Common Expenses chargeable to Condominium Units A or B, includin4 interest thereon at fifteen percent per annum, shall constitute a lien on such Unit superior (prior) to all. other liens and encumbrances except: (a) Tax and special. assessmentliens on the Unit in favor of any assessing entity; and (h) All sums unpaid on a first mortaage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumrrance, including additional advances, refinance or extension of these obligations made thereon prior to the arising of such a Tien. To evidence such lien, the aggrieved Owner or Managing Agent may, but shall. not he reauired to, prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the defaulting Owner of the Condominium Unit and a description of the Condominium Unit. Such a notice shall be signed by the aggrieved Owner or the Managing Agent, as appropriate, and may be recorded in the office of the Clerk and Recorder of the County of Pitkin, State of Colorado. Such lien for the Common Fxpenses shall attach from the date of the failure of payment of the debt, and may be • • Eou 554 PAGE 404 enforced by foreclosure on the default nq Owner's CondominiLun Unit b the aggr�.pved mer or the Managing Aoent �n. like manner as a mortgage o deed of trust on real property upon recording of a notice of claim thereof. In anv such foreclosure the defaulting Owner shall. be required to pay the costs and expenses of such proceedi.nas, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The defaulting owner shall also be required to pay to the foreclosing party a reasonable rental for the Condominium Unit during the period of foreclosure, and the foreclosing party shall be entitled to a receiver to collect the same. The foreclosinq party shall have the power to bid in the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. The amount of the Common Fxpenses chargeable against Condominium Units A or R and the costs and expenses, includinq attorneys' fees, of collecting the same shall also by a debt of the Owner thereof at the time the same is due. Suit to recover a money judgment for unpaid Common Fxpenses shall. be maintainable without foreclosi.nq or waiving the lien securing same. Any encumbrancer hol.dina a lien on Condominium Units A or B may pay any unpaid Common Expense payable with respect to such Unit, and upon such payment such encumbrancer shall have a lien on such Unit for the amounts pai O of the same priority as the lien of his encumbrance. 20. LIAPILITY FOR COMMON FXPFNSF UPON TMJSFFR OF CONDOMINIUM UNIT. Upon pavment of a reason&le fee not. to exceed ten dollars and upon the written request of any Owner or any Mortgagee or prospective Mortgagee of Condominium Units A or P, the Managing Aqent or the Owner of the other Duplex Unit shall issue a written statement setting forth the amount of the unpaid Common Expenses, if any, with respect to the subject Unit, the amount of the current quarterly assessment and the date such assessment becomes due, credit for advance payments or for prepaid items, incl.udinq 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 clays, all unpaid Common Fxpenses which become due prior to the date of making such reauest shall be subordinate to the lien of the person reauesti.ng such statement. ,'he grantee of a Unit shall be Jointly and severally liable with the grantor for al] unpaid assessments aqainst the latter for his proportionate sharp of the Common Fxpenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that upon payment of a reasonable fee not to exceed ten dollars, and upon written reauest, any prospective qrantee shall. be entitled to a statement from the Managing Agent or Owner of the other Duplex Unit, setting forth the amount of the unpaid assessments, if any, with respect. to the subject Unit, the amount of the current auarterl_v assessment and the date that. such assessment becomes due, credit for advance TWmtpnts or for prepaid items including but not limited to insurance premiums, which shall he conclusive upon the issuer of such statement. Unless such request for a statement of indebtedness shall be compl i ecl with within ten days of such request, then such grantee shall. not he liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments against the subject Unit. 21. MnPWACINC A CONrOMIFITN UNIT - PRIORJTY. Any Owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The Owner of a Condominium Unit may create 4unior mortgages on the following conditions: (1) Any such junior mortgages shall. always be subordinate to all. of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for common expenses, and other obligations created by this Declaration; (2) The Mortgagee under any -iuni.or mortgage shall release, for the purpose of restoration of any improvements upon the mortgage premises, all of his riart, title and interest in and to the proceeds under all insurance policies upon said premises which insurance policies were effected and placed upon the mortgaged premises by the Managing Agent or other Owners. Such release on 554 PAsE495 shall be furnished forthwith by a junior mortgagee upon written request of the Managina Agent or Owners of the other Unit. 2.2. AT.T`OPT FW-IN-FACT TF CPSF OF DFSTRUCTTOAT, RFPPIR OR ORSOIFSCFNCF. This Declaration hereby makes mandatory the irrevocable appointment of an Attornev-in-Fact to deal. with Condominium Units A and P upon their destruction, repair or obsolescence. Title to both of such Corn?ominium Units is declared and expressly made subiect to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any (leaner shall constitute appointment of the Pttorney-in-Fact herein provided. All of the Unit A and R 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 Oest.ruction, repair or obsolescence as is hereafter provided. Said Attornev-in-Fact shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with respect- to the interest of a Condominium Unit Owner which are necessary or appropriate to the exercise of the powers herein granted. Repair and reconstruction of the improvements as used in the succeeding subparagraphs means restoring the improvements to substantially the same condition in which they existed prior to the damage, with each Unit and the General and Limited Common Elements appurtenant thereto having the same vertical and horizontal boundaries as before. The proceeds of an_y insurance col.l.ect-ed shall be available to the Attorney -in -Fact. for the purpose of repair, restoration or replacement unless the owners of Units A and B and all. first mortgagees thereon agree not to rebuild in accordance with the provisions set forth hereinafter. (a) Tn the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvements, shall be applied by the Pttorneys-in-Fact to such reconstruction, and the improvements shall_ be promptly repaired and reconstructed. The Attorney -in -Fact shall. have full. authority, right and power, as Attorney -in -Fact, to cause the repair and restoration of the improvements. (b) Tf the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Attorney -in -Fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the Unit A and B Owners and their Condominium Units. Such deficiency assessments shall be a Common Fxpense and made pro rata according to each owner's fractional. interest in the Duplex Common Elements, and shall be due and payable within thirty days after written notice thereof. The Attorney -in -Fact shall have the authority to cause the repair or restoration of the improvements usi.nq all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt of each owner and a lien on his Condominium Unit and may be enforced and collected as is provided in Paragraph 20. In addition thereto, the Attornev-in-Fact shall have the absolute right and power to se.11 the Condominium Unit of any owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Attorney -in -Fact shall cause to be recorded a notice that the Condominium Unit of the delinquent owner shall be sold by the Attornev-in-Fact. The proceeds derived from the sale of such Condominium Unit shall be used and disbursed by the Attorney in the followina order: (1) For payment. of the balance of the lien of any first mortgage; (2) For payment of taxes and special assessment liens in favor of any assessing entity; (3) For payment of unpaid Common Fxpenses; • 0 (4) For payment of in the order of and .iunior liens and encumbrances and to the Pxtent of their priority; (5) The balance remainina, if any, shall be paid to the Condominium unit Owner. (c) The Nmer of one of such Units may give notice to the other Unit Owners that Units A and R are obsolete and that the same should be renewed or reconstructed. Tf both Owners agree, then the expense thereof shall be payable ry both of the owners as Common Fxpenses; provided, however, that any owner not in aareement to such renewal or construction may give written notice to the Attorney -in -Fact that such Unit shall be purchased by the Attornev-in-Fact for the fair market value thereof. If_ such owner and the Attornev-in-Fact can agree on the fair market value thereof, then such saJe shall be consummated within thirty days thereafter. Tf the parties are unable to agree, the date when either party notifies the other that he or it is unable to agree with the other shall be the "commencing date" from which all. (-periods of time mentioned herein shall be measured. Within ten days fol.lowi.na the commencing date, each party shall. nominate in writing, and give notice of such nomination to the other party, an appraiser who sha.11 be a duly aualifi.ed appraiser or a realtor and he aualif.i.ed to make appraisals of condominium and similar property in Pit -kin County, Colorado. If either party fails to make such a nomination, the appraiser nominated shall, within five days after default by the other party, appoint and associate with him another similarly qualified appraiser. Tf the two appraisers designated by the parties, or selected pursuant. hereto in the event of the default of one party, are unable to agree, they shall appoint another similarly qualified appraiser to be arbitrator between them. The decision of the appraisers as to the fair market value shall be final and bindina. The expenses andd fees of such appraisers shall be borne equally by the Attorney -in -Fact and the owner. ThP sale shall be consummated within fifteen days thereafter, and the Attorney -in -Fact shall disburse such proceeds as is provided in subparagraph (b)(1) through (5) of this paragraph. (0) owners of both Units may aaree that Units A and B are obsolete and that the same should be sold. Such agreement must have the unanimous approval of. every Mortgagee. In such instance, the Attornev-in-Fact shall. forthwith record a notice setting forth such fact or facts, and upon the recordinq of such notice by the Attornev-in-Fact, Condominium Units 1 and 2. shall be sold by the Attorney -in -Fact for both of the owners, subject to all. of the provisions contained in this Declaration and the Map. The sales proceeds shall be apportioned among the affected owners on the hasi.s of each owner's fractional. interest in the Duplex Common Flements, and such apportioned proceeds shall be paid into separate accounts representing each such Condominium Unit. Fach such account shall be in the name of the Attorney -in -Fact, and shall be further identified by the number of the Unit, and the name of the Owner. From each separate account, the Attorney-i.n- Fact shall use and disburse the total amount of such accounts, without contribution from one account to another, for the same purposes and in the same order as provided in subparagraph (b) (1) through (5) of this paragraph. 23. ATTORNFY-TDT-FACT TN CASE OF CONDFMNATION. This Declaration hereby makes manclat-ory the irrevocable appointment of an Attorney -in -Fact to deal with the Project- in the event of its complete or partial condemnation. TitlP to all of the 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 any Owner shall constitute appointment of. the Attornev-in-Fact herein provided. Declarant hereby appoints DAVID M(TrFF'ATFTRN his true and lawful attorney in his name, place and stead for 9 0 BOOK 554 'f uE497 the purpose of dealina with the Project upon its condemnation as is hereinafter provided. Said Attorney -in -Fact may be changed at any time by the Owners having a majority of the percentage interests in the Real_ Property Common Elements, such change only to be effective upon the recording of a notice designat-ina the new Attorney -in -Fact under this Paragraph 23 in the Pitkin Countv, Colorado, real property records. Said Attornev-in-Fact shall have full. and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of a Condominium Unit Owner which are necessary or appropria}e to the exercise of the powers herein granted. (a) Conseauences of Condemnation. If at. any time or times during the continuance of the Condominium Ownership pursuant to this Declaration, all or any part of the Project shall. be. taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. (1) Proceeds. All compensation, damages or other proceeds therefrom, the sum of which is hereinafter called the "Condemnation Award", shall be payable to the Attcrney-in- Fact- . (2) Complete Taking. in the event that the entire project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condominium Ownership pursuant thereto shall terminate. The Condemnation Award shall be apportioned amonq the Owners on the basis of each Owner's fractional interest in the Real Property Common Flements, provided thatif a standard different from the value of the property as a whole is employed to measure the Condemnation Award in the negotiation, judicial decree, or otherwise, then in determining such shares the same standard shall be. employed to the extent it is relevant and appl. i.cable . On the basis cf the principal set forth in the last preceding subparagraph, the Attorney -in -Fact shall as soon as practicable determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be paid into separate accounts and disbursed as soon as practicable in the same manner provided in Paraqraph 22(d). (3) Partial Taking. In the event that less than the entire Protect is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condominium Ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award to be determined in the following manner.: As soon as practicable, the Attorney -in -Fact shall, reasonably and in good faith, allocate the Condemnation Award between compensation, damages or other proceeds, and shall apportion the amounts so allocated among the owners, as follows: (a) the total amount allocated to takinq of or injury to the Genera?_ Common Elements, (b) the total amountallocated to severance damages shall be apportioned to those Condominium ilnits which were not taken or condemned, (c) the respective amounts allocated to the takinq of or injury to a particular Unit and/or improvements an (honer had made within his own Unit shall be apportioned. to the . particular Unit involved, and (d) the total amount allocated to consequential damages and any other takings of iniuries shall be apportioned as the Attorney -in - Pact determines to be equitable in the circumstances. If an allocation of the Condemnation Award is already established i.n negotiation, judicial decree or otherwise, then in allocating the Condemnation Award the Attorney -in -Fact shall employ such allocation to the extent it is relevant and applicable. Distribution of apportioned proceeds shall be • Bi?m 55 4 PAN disbu.rsea as soon as practicable in the same manner provided in Paragraph 22(d). (4) Reorganization. Tn the event a partial taking results in the takina of a complete Unit, the Omer thereof automatically shall. cease to be an Owner under this Dec] aration. (5) Peconstruction and Repair. Any reconstruction and repair necessitated by condemnation shall. be governed by the procedures specified in Paragraph 22 hereof, in which case such paragraph shall- be construed to apply to both Condominium Units. 25. MATLINIG OF r?OTTCFS. Each Owner shall register his mailing address with the other Owner and al] notices or demands intended to be served upon anv Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices or demands intended to be served upon the Owners shall I-.,- giver by registered or certified mail, postaqe prepaid, to the registered address thereof. All notices or demands to be served on Mortgagees pursuant hereto shall be Gent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at. such address as the MortaagPe may have furnished to the owners in writing. Unless the Mortgagee so furnishes such address, the Morta_agee shall he entitled to receive none of the notices provided for in this Declaration. Any notice referred to in this Section shall he deemed given when deposited in the United States mail. in the form provided for in "is Section. 26. PFPIOD OF CONDOMMUM OWNEPSHIP. This separate condominium estates created by this DecJarat.ion and the Condominium Map shall continue until this Declaration is revoked in the manner and is provided in Paragraph. 15 of this Declaration or until terminated in the manner and as is provided in Paraaraph 23 of this Declaration. 27. GnIFPAT.. (a) Tf any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in anv circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration. (h) 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 the law. (c) Whenever used herein, unless the context. shall otherwise provide, the singular number shal.l include the plural, the plural the singu]ar, and the use of any gender shal_1 include all genders. 0 • pox 554 PXE499 PecorOed at. , o'clock M. — Reception No. STATEWYP OF FYC'.FPTTOD' FROM THE FULL SUBDTVTSION PPOCFSS FOR TFaF PL'RPOSF OF CONDCMTr'TUMTZATION FOP TFF TWO FARFS CCNDOMT74TUMS WHFPEAS, DANnD Mr7CF n1F?TPN, is the owner of a parcel of real property in the Citv of Aspen, Pi_tkin County, Colorado, described as follows: Lot. 9, Block 2 Snowbunnv Subdivision WHEPFAS, the foregoing described real property contains an approved c1upl ex unit; and WFERFAS, Applicant has requested an exception from the full. subdivision process for the purpose of condominiumizinq the existinq duplex on the subiect property to be known as the Two Fares Condominiums; and WHFPFAG, the City Council determined at its regular meeting held December 21, 1987, that such exception was appropriate and granted the same, subiect-, however, to certain conditions as setforth below: NOW, THFREFORF, the Citv Council of Aspen, Colorado, does hereby determine that the application for exception from the fuli subdivision process for the purpose of eondomini.umization of the above -described property is proper and hereby grants an exception from the full subdivision process for such. condominiumization. PROVIDFD, HC 7FR, thatthe foregoing exception is expressly conditioned upon (1) the Applicant's recording with the Pitkin County Clerk and Recorder, contemporaneously herewith, that certain "Declaration of Covenants, Restrictions, and Conditions for "Two Hares Condominiums" dated January 4, 1988, anO (2) the Applicant's strict compliance with the vroVisions contained herein and all representations set forth in the application submittPO and binding conditions of approval on this matter set by the Planning_ and Zoning Commission and/or the City Council, for itself, its successors and assigns. Dated this (/g� day of 1988. William L. Stirlinq, Ma r PPPRCR7FP: Paul J. Taddurie, City Pttorn T, Kathrvn S. Koch, do certify that the foregoing Statement of Exception from the Full Subdivision Prccess for the Purposes of Condominiumi7ation was considered and approved by the Aspen City Council at its regular meeting held December 21, 1987, at which time the Mayor was authorized to execute the same on behalf of the City of Aspen. thryn Koch, City Clerk _ � N QS = H rb P Z <� cr) m LOJ 5 - C i r-e ocox 554 PAGE500 PECIAPATION OF CCr\,'F.NATTTG, PESTPTCTIONS AND CONDTTTOnTS FOP THE TWO HARPS CONDOMTNILIMS DAVTD KTCMTHTPDT, .for himself, his heirs, executors, administrators, and assigns, in consideration of the granting of an exception from the full surdi vi si.on process for the purpose of condomi ni umization of. the following described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict- such property, and hereby do restrict such property, as follows: 1. Covenantor is the owner of the following described property (the "Proper+-v") together, with the improvements thereon situated in the City of Aspen, County of Pitkin, State of Colorado: I,ot 9, Plock 2 Snowhunny Subdivision Hereafter, Vnit A and Unit P, Two Hares Condominiums, City of Aspen, Pitkin County, Colorado, as shown on the Condominium Map therefor recorded in Plat Book ,Z at Page Z and subiect to the terms, conditions and obligations of the Condominium Declaration therefore recorded in Book 554 at Page 'LSd_, also aescri.}:�ecl as 125n/1252 Snowbunny lane, Aspen, Colorado. 2. The existing two units comprising Two Hares 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 near, all as definedin the PspPn Municipal Code, as amended; and, further, when both units are offered for sale, they shall be and are hereby subiecr to the reauirements of Sections 20-22(a.), Aspen Municipal Code, as amended. 3. Tn the event that anv municipal improvement or improvements of a kind conteWlated in Section 20-16 of the Municipal_ Code of the City of Aspen, as amended, becomes in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Two Hares Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the Property is adeauately served by existtina improvements and/or on the basis that the premises will not he served or benefited by the improvement or impmvemen-s 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 Two Hares Condominiums or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct. these improvements without the formation of such a district. 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. I-*- 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 Counsel_ 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. Tn any legal proceeding to enforce the provisions of these covenants, restrictions and conditions, the prevailing party sshall.�e z y CD A� a ' • • eou 554 PAGE501 entitled to recover its costs and fees therein, including its reasonable attorney fees and Pxpert witness fees. TN WT. TFSS WNFPFOF, this Declaration has been duly executed this day of AjwGAWy,1988. STATE OF COLORADO ) :SS COUNTY OF PTTKIN ) Subscribed and sworn to before me this day of , 1988 by Davica Muckenhirn. WT'_TT-,'FGS my rand and official seal. s My connission expires! /�/ O/k I Notary: 0 It, c„rde'It at 1 - R'Flock i(I'veptunl No. 3 K.Now 11,1.1N.N I3 -ril SE PUF:SENTS: DAVID MUCKENHIRN That. Whereas, can 545 Fw.669 byDFEDoi.. ritUSTdatedtile day of December ,19 86, and duly 1•cc•01-de'd in the office of the l: aunty ('lerk and Recorder of the ('aunty of PITKIN in the State ofC'olorado, on the 17 day of DECEMBER 19 87, in hook 525 , on page, 686 , (Film No, Reception No. 284296 ), conveyed to the Public Trustee in said County of PITKIN certain real estate in said Deed of Trust described, in trust to secure to the order of J. STERLING BAXTER, M.D. tile 1);1� rnent of the indebtedness nentioned therein. AND %VIIEltFAS, Said indebtedness has been 1)aid and the purposes of said trust have been fully satisfied; NO W.'I'llEltE1-UItE, At the reduest of the 1(.gal holder of the indebtedness secured by said Deed of Trust, and in co►isi(leration of the premises, and in further consideration of the sum of Scvcn i 011ars, to n►c in hand paid, the receipt Mlercof is hcre:by acknowledged. I, as the Public Trustee in said County of PITKIN , do hereby ►•etnise, release and (Wit -claim unto the present owner or Owners of real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I have in and to the said real estate, as such Public Trustee, in said Deed of Trust mentioned, and more particularly described its follows, to wit: LOT 9, BLOCK 2, SNOWBUNNY SUBDIVISION Cn Ri � !ram 1 situate, lying and being in the County of PITKIN and $tale of Colc'irdo" TO HAVE AND TO HOLD the same, together with all and singula►s"tfte leges- ariO, appurtenances the►•eunto belonging forever. And further, that the said Tr Iit;Ded is, by-�hQse presents, to be considered as fully and absolutely released, cancelled and foCr di charged..- WITNESS my hand and seal, this 9 `_'�' day ofj i As thu 1' Ile TruKu•t' In quid i �LJ' Countytur i I SPATE OF COLORADO, ►)eputlt 1'nl,ileT�n<n•i. ss. Countyof Ada, .i. The foregoing instrument w s ack owled ; befit this "Gl/L l cam• ���il day ofj/��T�� 1a:1 b1 , as the t 1� Public Trustee in said '!#' a <) .L •t' �j' County of .,I. , Clorado•• VV MY "Mmiasion ! MY Commission expires ;� ItiPzl; tatia Witness my hand and official seal. /'.tl1Y .rftfvi::y l The Public Trustee in said \otnry 1'ul•lu•. County of )th Please execute this release, the indebtedness secured bhhaving- been fully paid. above mentioned Deed of Trust —'The letnlh„Idvr„[thrindr6adnraxFerur.'d1,}>aohlU,+e, fTrua. r r i II No, 935 Re{. 7.83 it! I,1 "V (!I DEEP OF FRI SIIll Iill; 1-1'lll.11•'rRI SlIal 11,, J(arJ l'ubli+hintt. 5825 t{', 41h l�c..l,�e�wnud. CO IIIY?I4—I 'lit ?1 ]t1.640/1 MEMORANDUM TO: Cindy Houben, Planning Office FROM: Jim Gibbard, Engineering Department r DATE: November 20, 1987 RE: Two Hares Condominiumization The Engineering Department has reviewed the above application and has the following co,:ments : 1. The submitted plat is not complete and should have the following additions: a. A legal description of the property which should include the total acreace to the nearest one -thousandth (0.001) of an acre. b. The location of the water and electrical meters. c. A Title and/or Mortgage Certificate (requires notarization). d. The Surveyor Certificate should include statements confirming that the survey balances end closes within a limit of one in ten thousand (10,000) and that all easements are plotted as indicated on the title commitment. e. The name, address, and telephone number of the owner, subdivider, and designer of the subdivision. f. The adjoining street dimension- width of Snowbunny Lane. g. An agreement to join improvement districts with language that is available from the City Attorney's Office. jg/twohares cc: Chuck Roth Jay Hammond APPLICATION FOR SUBDIVISION EXCEPTION FOR THE TWO HARES DUPLEX This application is a request for approval for subdivision exception (for the purpose of condominiumization) for the new Two Hares Duplex. This property is currently under construction at 1250 Snowbunny Lane, Aspen. Its legal description is Lot 9, Block 2, Snowbunny Subdivision, Aspen, Pitkin County, Colorado. This application is submitted under city code section 20-19C, which empowers the City Council to grant exceptions for subdivision should it deem "certain requirements to be redundant, serve no public purpose and to be unnecessary in relation to the land use policies of the City of Aspen. ... should it find that the proposed exception will substantially comply with the design standards of this chapter." Condominiumization permits the separate ownership of each unit and the common ownership of certain designated common areas. The property is controlled by a declaration of covenants and restrictions and a condominium map which depicts the areas of separate and of common ownership. Please refer to the attached proposed condominium map. In other words condominiumization merely changes the form of ownership and does not change the physical characteristics or the use of the subject property. That is, it does not change the applicable building codes, the allowable density, building size, height, or location (setbacks), subdivision regulations, the need for public services, survey standards, consumer protection, proposed use or pattern of development of the property. Therefore it does not contravene the intent and purpose of the subdivision procedure. Since the result of the proposed condominiumization would only change the ownership format, granting this exception would not be detri- mental to the public welfare or injurious to other properties in the area and would be in compliance with the applicable city code(s). In response to section 20-22 of the city code, because the property is new and never previously occupied items a), c) and d) are not applicable as there are no tenants to which to give notice, and approval would therefore not reduce low and moderate income housing. With respect to item b) which restricts all units to a six month minimum lease, the applicant respectfully requests that item b) be waived. Compliance with item e) (inspection for fire, health and safety) will automatically be fulfilled when the building inspector makes his final inspection in order to grant the Certificate of Occupancy. (The requirement of another inspection would be redundant in this case.) Respectfully, Dari Mucken irn Owner r `h PRE -APPLICATION CONFERENCE SUMMARY ` PROJECT: R u `o L7 � T :-��-'•. "� C l a v"�� .� rn r, �.• APPLICANT' S REPRESENTATIVE: REPRESENTATIVE'S PHONE: c1 OWNERS NAME: SUMMARY 1. Type of Application: I %,.N, �7­-\ ; L e_ l -C K- 2. Describe action/type of development being requested: 3. Areas in which Applicant has been requested to respond, types of reports requested: - Policy Area/ 1 a k ` j.,J i Referral Agent Comments r v.T._ "�`Y.,J��. �'(_ ��7�./ I-< ^,c� `�.•G��, y'a' w,: .�� Sc CI���CSt 4. Review is: (P&Z Only) ((CCCC/BOCC Only (P&Z then to CC/BOCC) 5. Public Hearing: (YES) QNO).- 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES);(NO) Disclosure of Ownership: ;(YES)' :(NO) 7. what fee was applicant requested to submit: 8. Anticipated date of submission: 51 9. COMMENTS/UNIQUE CONCERNS: • MEMORANDUM TO: City Attorney City Engineer FROM: Cindy Houben, Planning Office RE: Two Hares Condominiumization Parcel ID# 2735-122-07-002 DATE: November 9, 1987 Attached for your review and comments is an application submitted by David Muckenhirn requesting condominiumization for the new Two Hares Duplex for separate ownership of each unit and the common ownership of certain designated common areas. The property is Lot 9, Block 2, Snowbunny Subdivision, located at 1250 Snowbunny Lane. Please review this material and return your comments to this office no later than November 27, 1987 in order for this office to have adequate time to prepare for its presentation before City Council. Thank you. • • ASPEN/PITKIN PLANNING OFFICE ] 30 S_ Galena Street Aspen, 00 81611 (303) 92S-2020 Date: �v q M ti LI11L RE: Dea r `),.A - 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. Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List/Envelopes/Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached/below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ V/ A. Your application i complete and we h ve scheduled it for review by the � ` Cam,"` '� o n • N ' � We will call you if we need any additional information prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have requested, we will place you on the next available agenda. If you have any questions, please call , the planner assigned to your case. Sincerely, ASPEN/PITKIN PLANNING OFFICE yt;h, llLk CASELOAD SUMMARY SHEET (CONTINUED) APPLICATION: TO CONDOMINIUMIZE THE TWO HARES DUPLEX LOCATED AT 1250 SNOWBUNNY LANE/R-15 ZONE DISTRICT. PLANNER: CINDY HOUBEN MOTION: APPROVE WITH PLANNING OFFICE CONDITIONS AS LISTED BELOW: RECOMMENDED MOTION.'The Prann ng ` e 'recommends approval of TAPI ication vi the following motion: "Move to grant subdivision Exception for purposes of condominiumization for 1250 Snowbunny Lane with the„#fo�lpw ing conditions: 1) The applicant shall submit a statement of subdivision exception, to the satisfaction of the City Attorney, including statements that: a. The units will be subject to six month minimum leases ' iri t-h no tnnrn than t-w., �►...,-+ o.- �o..�..,,; ,... year, and b. The applicant agrees to join any improvement district which may be formed. 2.) The applicant will amend the plat to include the following: i a. A legal description of the property which should include the total acreage to the nearest one - thousandth (0.001) of an acre. b. The location of the water and electrical meters. C. A title and/or Mortgage Certificate (requires notarization.). d. The Surveyor Certificate should include statements confirming that the survey balances and closes within a limit of one in ten thousand (10,000) and that all easements are plotted as indicated on the title commitment. e. The name, address, and telephone number of the owner, subdivider, and designer of the subdivi- sion. f. The adjoining street dimension, width of Snowbunny Lane. TWO HARES CONDOMINIUMS SITUATED IN LOT 'a, [3l._UC�K Z. , SNOWgUNNY �uBDIV ISl�t�l CITY OE ASPEN) PITKIN 8 J rooN D RE - E-AR NO GAPT POUND (N.89' SG" E. IZO N. 8G1'S7'E. I zo.oS / ' 5 EEL PIN : + Sl.o + i � Y J I - AV -784G PIS o i � _ ®n� fc W Q9 N A. 8 ��, LOT G C/r7 DIs, oOo± S. F; Z lJ `� W o W _ _ Z �'-NI�TE\ Z J F.t).A N". I W _ I zo U O 10 Z5 40 ® N 11 / O\�2 / OVER HANG a q U - HEDGE ON F2 G . 7 *O FOUND + 1/2." STEEL PIN POUND 15 .eS-l' SC," W. 170'.) 5. 6q0 5-' W. IIq.G I' SP1 KE lL Y IO VICINITY MAP I"= 400' �y N N W I 0 D 0 10 T) z W CO LC 0 --� FOUN D ;•,� II?,, STEEL PIS.) I LEGEND AND NOTES CALLS I N REC OF21"_D --Y — WIRE FENCE ❑ UTILITY BOX -�} J71 L I TY POLE --=- U 0VERNE7_D UTILITY LINES WATER VALVE SURVEY MONUMENT E�_ EVATInN' 5 AN E_EYATIC^J OP- -784Co UN SNOWgL)NNY LANE i PRcDM EY `IG It„ LP,W`(ERS TITLE INSURANCE CORPORATION P0L.1 CY N o , 85 - 00 - Z_13G9c� WAS _)- E I N THE PREPARATION Ot=' rws SURVEY C RAVtiL '7PA_Eb NOT IN—UOE0 IN AREA O F .5 A r ;_JE SPA E AFZEA - G.C. E. L.=. E. LIMITED C-C44MON E LEME.NT �. E. GENERAL GDMMC�N ELEMENT AREA ONDER GISTRLXT1onJ AT TIME OF SUR V1=Z 118� --$— PROPOSED FENCE LINE L.C.E. BOUNDAF, UEF STREET PARKING FOR FOP ,DF IO VF-HIC.LE'5 15 PROVIOED. THERE IS PARKING FOR Z VEHIC_ES IN EACH vARA&E Ar.IL7 Z TO L+ I t-1 CAC l OR[V C INDEX SHEET NO. DESORIPTION I CERTIFICATES, VICINITY MAP, SITE PLAN Z PLAN 'VIEW 3 ELEVATIONS OWNERS CERTIFICATE I DAVID MUCk::ENHIRN AS OWNER CIF- LOT 9. BLOCk::2. S'NOWBLJIVNY SUBDIVISION. CITY OF ASPEN. COLORADO, HEREBY CERTIFY THAT THIS PI_AT OF THE TWO HARES CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR SAID CCINDOM I N I1_IM DATED THE DAY OF AND RECORDED IN BOOR:: AT PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITIGIN. STATE (1F COLCIRADO STATE OF ) S. J. (:OL.I(JTY OF ) FHE FOREGOING OWNFR9 CERTIFICATE WAS ACV'NOWI._EDGED BEFORE ME THIS DAY OF . 19 . BY (4f1llf=SS HY HAND AND OFFICIAL_ SEAT_ MYCOMMISSION EXPIRES: NOTARY PUBLIC DATE SURVEYORS CERTIFICATE I . DAY 11) W. A REGISTERED LAND SURVFY(JF LIV il-ILSLATE OF LOL_DF-ADO. HEREBY CERTIFY THAT IN NOVEMBER. 1987 A SURVEY WAS MAUF= BY ME OF THE TWO HARES CONDOMINIUMS. CITY OF ASPEN COLORADO AND FOUND THEREON AN EXISTING DUPLEX AS SHOWN ON THIS FLAT. THE I_CICAFION AND DIMENSIONS OF THE BOUNDARY LINES, BUILDING. AND I MPRCIVFMEN E-s . IN EVIDENCE OR I''NOWN 10 ME ARE ACCURATELY SHOWN ON THIS MAP. AND THE MAP ACCUR'ATEL.Y AND SUBSTANTIALLY DEPICTS THE I-OCATlCJN AND THE HORIZONTAL AND VERTICAL MEASUREMENTS OF THE BUILDING. THE CONDOMINIUM UNITS THEREIN. THE UNIT DESIGNATION THEREOF. 1HL- DIMENSIONS OF SAID UNITS. AND THE ELEVATIONS OF THE FINISHED FLOORS AND. CEILINGS. THIS MAP WAS PREPARED PRIOR TO SUBSTANTIAL COMPLETION OF THE STRUCIIJRE. PATE D David W.Mcb, ide Ft • , I, �TAIF OF (UI (:)F:ADO) ) SS COUNTY OF PITI:IN ) I IF I OF<EF;OING SUP.VE YOBS C.ERTIFICATF WAS ACkI'JOW L F;.�11-:F, Ff1F• OF r' OF 1997 BY LAVID W. Mc W I Hl - S_ I Y HAND ° OF I L I AL ,F0".. I"I `i Ll)I ltl l 'ciSl Cltd E }I'aFFS: I1,10 FARM PUNA C CITY COUNCIL APPROVAL THIS FLAT OF TWO HARES CONDOMINIUMS. CITY OF ASPF-N. W0E:, APPROVED BY THE Cl FY CCJUNCIL OF ASPEN THIS DAY OF . 19S ATTEST: C 1 1 Y CL-ERI::: MAYOR PLANNING & ZONING APPROVAL THIS PLAT OF TWO HARES CONDOMINIUMS. CITY OF ASPEN. WAS APPROVED BY THE CITY OF ASPEN PLANNING & ZONING COMMISSION THIS DAY (IF 190 CHAIRMAN CITY ENGINEER'S APPROVAL THIS PLAT OF TWO HARES CONDOMINIUMS. CITY OF ASPEN. WAS APPROVFD BY IHE CIFY OF ASPEN DEPARTMENT OF ENGINEERING. THIS DAY OF . 19B__ . CITY ENGINEER CLERK & RECORDERS ACCEPTANCE THIS FLAT OF TWO HARES CONDOMINIUMS. CITY OF ASPEhl. PITI:::IN COUNTY. COLORADO IS ACCEPTED FOR F I i_ I IVG I IV THE UFF I CE. OF THE. CL_ERV AND RECORDER OF THE COUNTY OF PTTVIN. STATE OF COLORADO. AT O CLOCk:: M.. THIS DAY OF -.. . 199 IN FLAT BOOT; _ _ AT PAGE _ RECEPTION NO. CLERk:: AND RECORDER I'NLFAHLU L)Y Aspen Survey Enoinccrs, irlc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 9P5-3816 .HIM.: IICI.II0111 IO (.OLIIkIIUU IJIU YOU 11151 (:UiIHHU. IINY LLDOL NCIIIIN UIISED 111TH IINY DIME IN [HIS SUkULY UI1111H SIN YLIIRS EH IR YOU FIRST OISIOULR SUCH OPECI. IN NO LUENI, SIIIILI, IINY NUNN 1105E11 IIPUH IINY 01.110 IN 11115 SURVEY OF COUNCLU OOkf. IIION TEN YLORS I Roll IIII IOIIE III Ilk I:i mi iC01ION SIIINJN IIf [om. SHEET I OF 3 J V t$ NVI I ( Ltild L<J YY L. [A r L\JV f1 FL -Mil SHEET 2 OF 3 JOB NO. 17289 iC.