HomeMy WebLinkAboutLand Use Case.EC.1250 Snowbunny Ln.44A-87
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
11/</ /cf'1
11'1. \'l?1
STAFF MEMBER: (\
NO.
PROJECT NAME: 1V m 1HrRES rm J'i)/n/1,Jll1rnrr.2rfi /J'i --
Project Address:
APPLICANTYAv/v lY}fif~2R~1 -
Applicant AddressVU (~ / !5 ~~8r S'.~ 9/ ,t-?P-l) (If) tlblr-
REPRESENTATIVE: \'511('(1 L--
Representative Address/Phone:
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TYPE OF APPLICATION:
PAID: ~ NO AMOUNT: /350. 0-0
1 STEP APPLICATION:
c.c.
~ MEETING DATE: ~ \ 'i PUBLIC HEARING: YES ~
DATE REFERRED: / / . q. %Jf/ INITIALS: ~1l1 ( ~
I'
2 STEP APPLICATION:
CC
MEETING DATE:
PUBLIC HEARING: YES NO
DATE REFERRED:
INITIALS:
REFERRALS :
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School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Bldg:Zon/Inspect
Roaring Fork
Energy Center
Other
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
City Attorney
city Engineer
Housing Dir.
Aspen Water
city Electric
Envir. Hlth.
Aspen Consolo
S.D.
FINAL ROUTING:
DATE ROUTED: t?- ;~I.K1- INITIAIli:l( ./
city Atty
~ city Engineer
Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
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TO:
Aspen city Council
FROM:
Robert S. Anderson, Jr., City Manager
Cindy Houben, Planning Office ~
THRU:
RE:
Two Hares Condominiumization
DATE: DeCember~1987
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SUMMARY
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:
residential area of the
residential units.
The Two Hares duplex is located in a
city which is predominantly long term
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
include the total acreage
(0.001) of an acre.
the property which should
to the nearest one-thousandth
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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
language that
Office.
to ]01n improvement districts with
is available from the city Attorney's
,
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 condom in-
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
and first right of refusal.
Review: This criteria is not relevant because The Two Hares
Duplex is a new project with no occupants.
<crTterTac''2: lAll units must be restricted to six (6) month
minImum lease with no more than (2) two shorter tenancies
per year.
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t.' ,Review: The applicant requests that this provision
'. ~fCode be waived. The Planning Office recommends that
(6) month minimum lease provision not be waived,
reasons that follow.
of
the
for
the
six
the
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
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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;.
the R-15, however, are not areas which have short term", ,,(
rentals. The intention section for these districts reflect le'" .1
that these zone districts are to be utilized as long-term
residential areas, as compared to the lodge and commercial
districts, which were created to allow short term accommoda-
tions. Finally, the residential/multi-family and office
zones are mixed zone districts in which both long and short-
term uses may be appropriate.
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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. SJtorr-t<.rm uses have
~ign~~_--1l.ilU!~_ noi~e_ ~n<:'l .., oth~ril1lpacts .wtt!cl:1~!"e
1nappropr1ate in th1S neighborhood. Therefore, the Plann1ng
uttlce recommeno:s-etl--'ehe-CounciI that the 6 month rental
:restr~~LL,_!1~p~_:!la!.v!lttd, . :i,P the case_.<:lf.._1:.~e __~.5>_._!l.(lEe~
condom1n1um appl1cat1on.
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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
-7 ~fr n 'P~1~C~\iO~ ..~~) the following motion:
"Move to grant subdivision Exception for purposes of
condominiumization for 1250 Snowbunny Lane with the,MoJ,.lpw-
ing conditions: ' f i " i "
,1-_' 0.fJed ,
of subdivision
City Attorney,
1)
The applicant shall submit a statement
exception, to the satisfaction of the
including statements that:
a. The units will be subject to six month m1n1mum
leases with no more than two shorter tenancies per
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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,
owner, subdivider,
sion.
and telephone number of the
and designer of the subdivi-
f. The adjoining street dimension, width of Snowbunny
Lane.
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MEMORANDUM
TO:
Aspen City council
FROM:
Robert S. Anderson, Jr., city Manager
Glenn Horn, Planning Office ~
THRU:
RE:
70n li' HitDl.afl eL..lllt'J..~1fI'i,dllwd F.At"iA.D
DATE:
sc~tem~o~ Ii, 19S?
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SUMMARY
The planning Office recommends approval of a subdivision excep-
tion for the purposes of condominiumization for the new residen-
tial development known as 700 E. ~yman~ ~~~0IT v~,~~
BACKGROUND
APPLICANT: lIgQ~e We.3t:. bIW ".... /l\." <-==rJ f.I't'~
APPLICANT'S REQUEST: Condominiumization of~ dwelling units.
REFRESElf'iWI'rl'B. R':'_l. Luhman.
IZ:;,() ::'/I;.'{.U.<:J.'.v,v.-' L/.)A"c,'/ lis,)5\.;
LOCATION: 18{l-E. HymaR A"QRue. .
;),N'[; w , Itl }we '\
DESCRIPTION OF PROJECT: 'l'wc duplex: residential units! presently
nearing completion. DC..gelsplRen.t. was ap,pl::ovt::1..l la.o:.L }'t::Q.L ClO 1.Jd'lt
of rho 1986 Re3ide:l'ltial CMQf: cell\p~LILlull - (see -attachmenL 1-
appH"",LiOll) .
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ZONING: e C':daa. Q. 15,
CHARACTER OF THE AREA: The subject property is located in a
predominantly long-term residential area. which al30 seRt"iR~ "
Ci~Rifiean~ numb~r of effigg aRa oemmcrcial laRa U5C5.
REFERRAL COMMENTS:
1.
city Attorney: The city Attorney has not commented at
this time but may comment at the public meeting.
2.
Engineering Department: 'l'he Cit~. Engine[rr. eque.sts a
grant of 7 I x 10 '~easemen~ in the ar a ar~d.' the
transf rmer./ If, t e appl cant agrees tog nt the
easeme :t t.t:" s ould b shown on t e plat a d<;}raB via
a sepa~e ea~ment ocumenprepared by the apPli~ant.
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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.
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Review - This criteria is not relevant because :It'O.. ~~l..,,-n
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.
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Review - The applicant a 88 wi10hiR 10ft€: ~ppl';'....atiol. t:o ~ i JI
'abide~ey 1oft}:!5ffilil1;i6l'l. sf the c;:ode~t,€ "~,,,v"'d.~ p, 0, ~J'>JL
tov-nW ~ vel ~ --f--(to ~ (;UJ2t V / /huH~ cn-V ~
criteria 3 - Demonstration that approval will ~ot~ r~dJce the
supply of low and moderate income housing must be provided.
iz..sc. -t"vu.-.Jv.':.tvi' I~",t;:
Review - This criterion is not relevant because 709 E. Hyman
is a new development and, therefore, tenants will not be
displaced. The project is being developed on.j.ilot~ which t<..1:.-
~ previously vacant. <1
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:
brought to City council directly.
RECOMMENDED MOTION: The Planning Office recommends approval of
the application via the following motion:
None.
This item has been
"Move to grant Subdivision Exception for purposes of
condominiumization for ~9 E. HY'IlIil.R ~'leject to tho follelilil'lg
tR.rao \1"\'1"""~itinn~: flc;:J.; ~-v:(..':":'.d"'it.t-7 t.A-..IC
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CONDOM]l\TIUM DECIJlPATION
FOP
'lW) HAPES CONI)(~INTUMS
(A Coro0lT\iniuml
January 4, 1988
8001( 554 PAGE489
KNOW 1'11;[, MEN BY THESE PPESENTS,
WHFFPAS, DJlVTD MUCKF'NHIFN, hereinafter called "Declarant.", is the owner
cf the following described real property situated in the City of Aspen,
Countv of PitJ<in, stab' of Colorado, t.O wit:
Tot 9
Block 2
Snowbunnv SuMivision
Peccrdedu at Book ,~ ,Page 41- -4"1
Aspen Peal Property Records,
C0UIlty of Pitkin, State of Colorado
WHFFFAF, thE' abovE' described pr0perty is presently developE'<'! IIdth the
followina inprovement.s, to wit: A two st.orv frame duplex house (the
"I'lupl ex"), containing two, four bedroom, four bath apartments; and
WFFPPJlS, I1E'clarant dE'sires to create a condominium project. on said
propertv unaer the Condominium OWnership Act of the state of Colorado, and
to estarlish thereby a plan for the ownership in fee sinple of real property
estatE'S consistina of the area or space contained in each of the "Units" as
hereinafter dE'fined, and the ownership by one or Il'Ore of the individual and
separatE' ownE'rs thereof, as tenants in COOlllOn, of all of the remaining real
proPE'rty hE'rE'inafter defined and referred to as the "Comnon Elements".
I'T('W, THFPFFOPP, Dec1arant: does herery publish and declare that the
follC'wina terms, covenants, conditions, easementE', uses, rest.rictions,
limitations and obligations shall bE' deemed to run with the land, shall be a
hur(lE'n upon and a bE'nefit. to I1E'clarant., DE'clarant's heirs, personal
rE'presentativeE', successors and assigns anC any persons acquiring or owning
an intE'rE'st in the real pr0perty and irnpr0veroents, their grantees, lessees,
successors, heirs, executors, administ.rators, devisees or assigns.
1. flFPI}TITTONS. Unless the context shall expresE'Jy provide otherwise, the
f'o))o.'ina dE'finitions shall apply:
(a) "Unit" means the individual air space contained within t.he
interior surfaces C'f the perimet.er walls, floors, ceilings,
.dndows, doors and built-in fireplaces, if any, of each 0f the
apartments located in the OupJ ex situat.ed on t.he real property
descrihf>(! above, tOCJether with all fixt.ures and improvements
thE'rein contained, but not including any of the struct.ural
canponents of such ruilding, if any, within a Unit contained
t.hE>rein, which Units are shown on the Condominium Map and
idE'ntified there0n by the lE'tters A and B.
(b) "Condominium l'nit" means a Unit t.OCJE'ther with the undivided
interE'sts in the Cornnon Element.s appurtenant to such Unit.
(c) "0wner" llIE'ans the person 0r persons or entity or ent,ities,
including Declarant, who 0"'1'1 fe" simple t.itle to a Condominiun
Unit-. 'Phe t.erm 0wner shall not include the owner or owners 0f any
Jesser estate or interest.
(a) "Mortqage" means any mortaage, deed of trust" or other
securitv instrument bv .tIich a Condominium Unit or any part
therE'of is encuffihered~
(el "Mortqagee" means any person or entity named
or bE'neficiarv under any mortgage .tIich encumbers
any Owner.
as the mortgagee
the interest of
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BOOK 554 PAGE490
(fl "C('IndominiU:OMar" neans the Condominium Map for '!\Yo Hares
CondamnlUm.." fll. or to be filed in the records in the office of
the CJerk and Recorder of Pitkin County, Colorado. The
Condominium Map is rE"corded at pook ~ , Page 41- -4'1
Pitkin county, Colorado.
,
(a) "Condominium EJEm?nt.s" neans: (i) all of thE" Real Property;
(ii) the f('lundations, columns, qirders, beams, supports, main
waJ) s, roofs and crawl spaces contained in E"ach of the building
impro'7!'lllE'nts which arE" the subject of t.his Declaration, and the
"party 1I\'all" dividing Units 1 and 2 as shown on the Condominium
Map; (Iii) t,he instaJlations in such buildings consi st.ing of the
equipment and materials making up thE" central services such as
tanks, pumps, !rotors, fans, comprE"ssors, ducts, power, sewer,
liaht, 9as, hot and cold water, heating, ventilating and air
conditioning and, in aeneral, all apparatus and installations
E"xisting for ccmnon use: and (iv) all other parts 0f the Duplex
unit and of the above described real property necessary or
convenient to its exist.ence, maintenance and safety or normally in
ccmron use. NonE" of the COIlIllOn elements may be conveyed to a
person or entity other than a Condominium Unit owner.
(h) "C-eneral CctIIOOn Flarents" neans all Comron Elements except
I.imitffl CctIIOOn Elements, as hereinafter defined. None of the
C..eneral CORmon Flarents may be allocated subsequently as limited
Ccmron E1 ements.
(i) "Limited C('{lII\()n Elarents" means any portion of the COIlllIOn
Elements designated herein for t.he exclusive use ('If the Owner or
O\omen' of a Condominium l1nit or Units.
The portions of lot 9 designat.ed on the Condominium Map,
"LC.F'. po" are hereby designated for tbe exclusive use of the
Owner or Owners of Unit A. The port.ions of lot 9 designated on
the Condominium Map, "I..C.E. B" are hereby designated for the
excl usi ve use of the OIr.ner or O1I\.ners of Unit B.
(~) "Peal Property" lllE'ans: A parcel of land being all of lot 9,
Block 2, 8nowtunny Subdivision, City of Aspen, County of Pitkin.
(k) "Pro~ect" lllE'ans the Peal Property and all buildings and other
improvements n01l\' or hereafter located on the Real Property, and
all riqhts, easements and appurtenances belongin9 thereto.
(1) "Managing }\qent" nean:" the person or ent.ity which shall be
selected and appointed by tl1e Owners of t.he condominium Units
pursuant to the provisions of Para9rap-, 11 of this Declaration.
2. DJVJSIOJ\T IN.l'O COI"!XlMJNIUM UNIT8. The Project is hereby divided
into two (2) condominium l'nits, each consisting of a separate fee simple
estate in a particular unit and the following described appurtenant
unClivided fee simple interests in the Comnon Flements;
(a) Peal Property Comm('ln Flements:
Unit }I
unit B
50%
50%
(b) Duplex CaRmon Elements:
Unit }I
Unit B
5(1%
50%
pach OWDE"r shaD own his awurtenant undivided interests in the COIlIIlOn
Elements as a tenant in carmon with the Owner or Owners also owning an
interest in such Common Elarents.
3. n"8EPJlPAFJLJ'J'Y OF }I {'!NIT. Fach Unit and the undivided interests
in the Carmon Elements appurtenant therE"to shall be inseparable and may be
BDlJl( 554 1"~491
convf'ved, lei'lsed, encmnr.ered, df'vi!'ed or inherit.ed only as a Condominium
T1nit.'
4. DEf'C'PIPTIOl" OF A CONr<:l1JNJl1N UNIT. Every deed, lei'lsf', IIDrtgi'lge,
trust df'ed, will, or at.her instrl1lllE'nt llICly If'gally describe a CondominiL1lll
T1nit. t>y its identifyina Unit J ettf'r, followed by tl'>e words "Condcrninil1lllS"
with further reference t.O thf' rf'corded Declaration and Map. Every such
description shaH be deel!lE'd good and sufficient: for all purposes to sell,
convE')', transfer, f'ncmnrer or othE>rwise affect not only the Unit, t>ut. also
the General Common Elements and the I,imited Ccmnon Elements appurteflClnt
t:hf'reto. Each suct> oescription shall be constwed to include the right to
the use of the Limited Common Flements appurtenant thereto to the exclusion
of all t:hird part if's not lawful I y ent.i tIed to u..c;e the same.
<; SFPARATE ASSESSMFl'.'J' AND TJlXATIOO - t-mICF TO ASSESSOR. Declarant
shall giVE' written notice to the assessor of pitkin County, Colorado, of the
operation C'f condominiL1lll ownerst>ip of this property, as is provided by law,
so that ead1 Unit. and the interests appurtenant thereto shall be deemed a
separatf' parcel and subject to separate assessment and taxation.
6. 'J'ITLF. P. CondominiL1lll Unit. llICly be held and owned by more than one
JJf'rson i'lF joint tenants or as tenants in comron, or in any real property
tenancy relatinship recognized unOf'r the laws of Colorado.
7. NOl'1J'AP'J'ITIONABII,I'J'Y 0F CCMlON ELEMENTS. 'lb.e Comoon Elements shall
be owned in ccmnon by the CMners as hereinafter provided, and tl1ere shaH be
no judiciaJ or other part.ition of t:t>e COIIIl1on Elements or any part thereof,
nor ShaJ I i'lny CMner t>rinCl any action seeking partition thereof.
P. USE OF l1l'lITS; GFl'.lFRAL AND UMI'J'ED CCH>ION ELEMENTS. Each Ownf'r
shi'll I be entitled to exclusive ownership and possession of his Unit. Each
Owner may use the C-€nf'ral i'lnd Limited Comoon Elements in accordance with the
purpose for ~1icb tbey are intended, witl'>out hinderinCl or encroachinCl upon
the li'lwful riahts of thf' other CMners.
9. FASFMF'N'I'S rop ENCPOACFlMFli'l'S. If any p0rtion of tl1e Comron
Flements now or hf'rei'lfter encroaches upon a. Unit, a vaJid easement for the
encroachment and for thf' maintenance of same, so long as it stands, sh.all
and dof'S exist. If any portion of a Unit: n~' or hereafter encroaches upon
the COIlIIlOl'1 Elements or upon an adjoining Unit, a valid easement for the
encroachment and for the maintenanCf' of same, so long as it st.ands, shall
and dces exist. For title or ot.her purposes, such encroachment and
f'asements shall not be consideree or determined to be f'ncumbrances either on
COllll'On Flement,s or t.he Units.
10. TERMINATION OF MFCHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No
labor performed or materiaJ.s furnist>ed and incorp:lrated in a Unit with the
consent or at tl1e reaUf'st of the Owner trereof or his aClent or his
contractor or subcont:ractor shall be the basis for the filina of a lien
against thf' Unit of any other ~mer not f'xpressly consentinCl to or
reauf'stJ.nq t.he same, or agairst tl1e interests in t.he CC'mron Elements owned
t>y such C'ther Owners. Fach Owner shall irrlemnify and hold harmless each of
the ot:hf'r ~7!1ers from and i'lgainst aJl liability arising from the claim of
any lien aClainst the unit of any other Owner or a(fainst the COlllllOn Elrnlents
fC'r construction performed or for labor, materials, services, or other
nroducts incorpc>rated in or otherwise attributable to tl1e Owner's Unit at
such Owner's reauest.
11. A[loIINIf':TRA'J'ION}\]\J[' MANJI(:FMffi,'J'. Each Owner shall manaCle his own
Unit, unless the CMners of Unit-s P. and B aClree t>y voting upon the
appointment of a Managing Agent to administer both such Unit,s. Each Unit
shall ha\'e one vote. t-'oticep of Appointment of the Managing Agent by the
Owners of Units A ano P hereunder shall I:'E' placed of record by the Manager
insofar as reauirf'd by law or practice. Until changed by a vote of the
Ownf'rs of Units A and B, the initial ManaCling Aaent of such Units shall be
Davia Muchenbirn.
12. RESERVATION FOR }\CCESS - M.AJNTE!>lJlt-1CE, P.FPAIR AND EMF'PGE!ilCIES. IDe
Owner!' shaJ.I !"lave the irrevocarle riqht to have access t:o each Unit from
BlJW( 551 PABE492
time to time durin" reasonable hours as may be necessary for the inspection,
mail'tenance, repair or replaO"lll€'nt of any of the C-eneraJ Conmon Flement.s
trereon or accessible therefran or for maJdng emergency repairs t.herein
necessary to prevent damage t.o the C-€neral or Limited Comnon Elements or to
al'otrer pnit or units.
Damage to the interior of any part of a Unit, resuJtin<;! fran
maintenance, repair, emergencv repair or replacement of any of the General
COl1'l1\0n FlEnlE'nts or as a result of E'I1ler<;!f'ncy repairs within a Unit at the
instan= of anot11er Unit Owner shall be a COmDon Expense of all of the Owners
"f pni ts havi ng an i nterf'St in sucl1 c-eneral Ccmoon FlE'lllf'nts; provided,
D"Wf'Ver, trat if suer Clama(le is the result of the nE'(lligence of a. Unit Owner,
tDf'n SUCD Unit C\o>per sDa]J bf> responsihl f' for all of f'uch damage.
1 ~. ~1!<'FFP' MAI!\'PJ'FNllNCF RFSPONSIBII,ITY. For purposes of maintenance,
repair, aJ tf'rat ion and remodelinq, an Owner shall be deemed to 0\\'0 am to be
ref'f'('nf'ible for tDe extf'rior surfaces of such Owner's Unit and the Limited
COllmon Flf'ments assigned thereto, and the I<lindows, doors, interior
nonsunporting wall s, materials, cei.1 inqf' and floors within the Unit. An
Ownf'r f'hall not bf> deemed to own any utilities running throuah his Unit which
servf' morf' tran onf' Unit except as a tenant in COIlIOOn with the adjoining Unit.
(\loner. Such obl i<;!ation and/or right to repai r, aJ t.er and remodel shall
carry thf' obJiaat.i on to replace any finishing mat..erials rerroved with similar
or otDer types or hnds of finishing materials of equal or better
aual itv,and to maintain t11e I.illlited COll1l\On EJements in a neat and clean
condition. 1'ny material alteration, remodeling or refinishing of Units A or
P sDal 1 reaui re t1-e prior mutuaJ. rom"ent and approval of the (),.,ners of ooth
of saic'l l1nitf'.
1'1' 0wner shal1 maint,ain and keep tDe interior of his 0\\'0 Unit and the
f.jmite<'l C('(!(ll(ln Elements appurtenant. thereto in (lood tast.e and repair,
incJudin<;! tDe fixtures tDereof. All fixtures and eauipnent inst.alled with
tD'" l1nit carmencina at a point where tlle utility lines, pipes, wires,
conduits or sYf'temf' (whicl1 for brevity are i"lereafter r",ferred to a."
"utilities") enter tDe Unit shaJI be maintained and kept in repair by the
Owner t.D",reof.
13. a. 1>'0 owner may create obnoxious noise or act.ivities or
unf' iaht 1 v appearances to incl ude trash, abandoned vehicles or TIT antenna",
or similar activit-ips I<t1ich ~uld adversely affect the enjoyment or vaJ.ue of
the otDPr Unit.
14. C0MPI,:rANCF WTTH PROIlISIONS OF DECLARATION. Each Owner shall carpy
strictly with the provisions of this Declaration as the same may be lawfully
aII1f'nded frem time to time. Failure so t.O romply shall be grounds for an
action to recover Sl1I1\S due and for dama<;!es or in;unctive relief or both,
maint.ainable by th", Mana<;!ing 1I<;!ent (where appropriate) or by an a<;!grieved
Owner or 0wnerf'.
15. RF'/{)(,A'I'J01>1 OR No1ENI:MTh'PJ'TO DECJ.J\RATION. This Declaration shall
not be revoked nor f'haJI any of the-provisions herein be amended unless the
Owners of botD l1nit.s, and all of the holders of any reC0rded Mort.gage or deed
of trlJrt coverin(l or affect.ing any or all Condominiun Units consent and
aaree to such revocation or amendment by instrument(s) which shall be duly
recorded.
1r. 1IPf:FSSMFl>1T FOR l1N:r'ffi A AND B COMMON EXPENSES. 'llie Owners of UnitE'
11 ann P f'Da]l bf> obliaated to J:iiy t.be-aE'SeRsmentE imposed by the Managing
1'aent to meet the Common Expenses incurred in connection witll such Units.
Except: for I,imit.ed Comoon Element.s liabil ity insurance premiums, the
aSE'ef'SlTlPnts shaJl evenly divided between tlle Owner(s) of Unit A and the
Owneds) of Pnit P. Assessments for the estimated Ccmoon Expenses,
incllJoina all insurance except tlle aforesaid liabilitv, shall be due
auarter] y in advance on the first days of .'January, 1Ipril, July and October.
'I'De !>Ianagina Aoent. or other Owner incurrin<;! the cost shall prepare and
dp] iVf'r or mail to eacl1 Owner an itemized statement showina the various
estimated or actuaJ. expenses for whicl1 tlle assessments are- made.
Contribution for auarterly assessments shaJJ. be prorated if tlle ownership of
BOOK
554 PAGE493
a Conaaninioo Unit COll11lencef' on a Clay other than the first day of a calendar
year.
AR~eSlllE'ntf' for reasonable actual COD11lOn Expenses may be made,
J:w the Manaainq Agent, or an Owner incurring the same, among other things, for
the f0]Jo\<>ing: Expenses for management: taxes and special assessments, until
f'eparatelv aSf'essec1: fire insurance with extended coverage and vandaliffil
and mal icious mischief insurance with endorsements attached issued in
the amount of the maximum replacement value of Units 11 and B, casualty ana
other insurance premi.ums; landscaping and care of General COD11lOn Elerrents;
COIlIllOn electricaL, water, gas and sewer charges unless and until any or all
of the above are separately metered: repairs and renovations; garbage
col I ect ions; wages: legal and accountina fees; management fees; expenses and
I i abilities incurred by the Managing Agent or other Owner under or by reason
of tJnis Declaration; the payment of any deficit remaining fran a previous
period; the creation of a reasonable contingency or other reserve or surplus
funC as well as other costs and expenses relat.ing to the appurtenant COO1llOn
Elements. The omi~si0n or failure of the Managing Aaent to fix the
assessment for anv quarter shall not be deemed a waiver, modification or a
release of the sub;ect Owners from their obligation to pay.
17. INSIlPA:t-'CE. One policy of public liability insurance covering all
of the C-eneral COD11lOn Elements shall be purchased and maintained in effect
at all times hy the Owners of all of the Condominium Units, in an amount
deemed appropri at.e by such Owners, and the cost thereof shall be shared in
accordance with such Owners' respective undivided int,erests in the ReaL
Property Comnon Flements. Fire, casualty and extended coverage insurance,
on the ether hand, shall be the sole responsibility of the Owners of Units A
ana p lor tJne Manaa in" Agent as above provi (led) with respect to Unit.s 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
unCliviCled Imit anCl those Lllnited COO1llOn Element~ reserved for the exclusive
use of a particular Unit Owner shall be the sole responsibility of the Owner
thereof.
18. (Wv'ER 'S PERSONAL OBI,IGATION FOR PAYMFNT OF ASSESSMENl'S. The
amount of the COD11lOn Expenses assessed against or incurred on account of
Condaniniun Units A or B shaH be the personal and individual debt of the
CWner thereof. Suit to recover a money judgment for unpaid COllll1On Expenses
shall be maintainable J::>y the Managing Agent, or any aggrieved Owner without
foreclosure or waiving the lien securing SamE'. No Owner may exempt himself
from liability for his contribution towards the Canron Expenses by Waiver of
thf' use or en;oyrnent of anv of the Cornnon l"lements or by abandornnent of his
Unit.
19. J,IFN FOR NOl\1J>AYMFI'1l' OF COMMON FYPl"NSI"..8. All sums due or unpaid
for the share of Comnon Expenses chargeable to Condominium Units A or B,
incl udina interest. thereon at. fifteen percent per annum, shall constitute a
] ien on such Unit superior (prior) to all other] iens and encumbrances
except :
(a) Tax and special assessment liens on the unit in favor of any
assessing entity; and
Ib) }Ill sums unpaid on a first mortaage or first deed of trust of
record, including aJ I unpaid obligatory sums as may be provided by
such encumbrance, inclwing additional advances, refinance or
extension of these obligations made thereon prior to the arising
of such a lien.
T0 evidence such lien, the ag"rieved Owner or Managing Agent may, but
shall not. be reauirec1 t.o, prepare a writ.ten notice set.ting forth the amount
of such unpaid indebtedness, the name of the Clefaulting Owner of the
Condominium Unit ana a description of the Condominium Unit. Such a notice
shall be si"ned J::>y the aggrieved Owner or t.he Managing Agent, as
appropriatE', and may be recorded in the office of the Clerk and Recorder of
thE' County of pitJ<in, State of Colorado. Such lien for the Comnon Expenses
sha] I att.ach from thE' date of the fail ure of payment of the debt, and may be
BOOM
554 PAGE494
enfo,oea bv forecloeure on t~e defaultina Owner's Condominium Unit bv the
aagnf'ved CWner or t.he ManaqJ.ng Agent 11" -like manner as a mortgage ot deed
of trust on real property upon recording of a notice of claim t.hereof. In
any such foreclosure the defaulting Owner shall be required to pay the costs
and expenees of such proceedinqe, the costs and expenses for filing the
noti ce or cl,dro of lien and al 1 reasonable attorneys' fees. 'The defaulting
Ownf'r shaJ I also be required to pay to the foreclosing party a reasonable
rental for t-he Condominium Unit during the period of foreclosure, and the
foreclosing party shall be entitled t.O a receiver to collect the same. The
foreclosing party shall have the poWE'r to bid in the Condominium Unit at
foreclosure sale and to aCQUire and hold, lease, mortgage and convey the
~ame.
'!'he amount of t:he COIIIOOn Fxpenses chargeable against Condominium Units A or
B and t-he costs and expenses, including attorneys' fees, of collecting the
same sr-all a1 so be a Clebt of the Owner thereof at the time the same is due.
Suit to recover a money judgment for unpaid COIlIIIOn Expenses shall be
maintainable wit.hout foreclosing or waiving the Iien securing same.
Any encumbrancer holdina a lien on Condominium Units A or B may pay any
unpaid Ccmnon Expense payable with respect to such Unit, and upon such
payIllE'nt sucr- encumbrancer shal I nave a lien on such Unit for the amounts
paic1 of the same priority as the lien of his enclmlbrance.
211. LIAPIJ.,ITY FOR COMMON EXPFI<1SE UPON 'I'FMc'SFER OF CONDOMINIUM UNIT.
Upon payment of a reasonable fee not, t.o exceed ten dollars and upon the
written request of any Owner or any Mortaagee or prospective Mortgagee of
Condominium Units A or B, the Managing Agent or the Owner of the ot.her Duplex
tTnit shaJJ issue a written statf'roent setting forth the amount of the unpaid
Conmon Fxpenses, if any, with respect to the subject Unit, the amount of the
current quarterly assessment and the date such assessment becomes due,
cre<'lit for advance payments or for prepaid item.c;, 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 reouest for a statement of indebtedness is ccrnplied with within ten
Clay!', al.l unpaid Ccmnon Expenses which become due prior to the date of making
sucn reoupst shall be subordinate to the lien of t.he person reauesting such
statement.
'I'!1e arant.ee of a tTnit. shall be jointly and severally liable with the
arantor for all unpaid assessments against the latter for his proportionate
spare of the Corrmon Expenses up to the time of the grant or conveyance,
witnout preiudice to the grantee's right to recover fram the grantor the
amounts paid I:y the grantee therefor; provide<'l, however, that upon payment of
a reasonable fee not. to exceed ten dollars, and upon written request, any
prospective grantee s"all be entitle(! to a statement fram the Managing Agent
or Owner of tne other Duplex Unit, setting forth the amount of the unpaid
assessll1f>nts, if any, with respect. to the subject Unit, the amount of the
current auarterly assessment and the date that. such assessment. beconl?s due,
credit for advance pavIIlPnts or for prepaid items including but not limited
to insurance premiums, wPich shall he concl usi ve upon the issuer of such
statement. Unless such reouest for a statement of indebt.edness shall be
ccrnplie<'l with within ten days of such request, then such grantee shall not
be liabl e for, nor shal.l the Unit con\'eyed be subject to a lien for, any
unpaic1 assessments against the subject tTnit.
21. M()F:OC'AGllT(." A CONDOMll'HlM {Jt-TIT - PRIORITY. Any Owner shall have
the ria"t from time to time to mortgage or enCUIllber his interest by deed of
trust, mortgage or other security instrument.. A first mort.gage shall be one
whicp has firet ana paramount priority unc1er applicable law. The Owner of a
Condcminium ('nit may create ~unior mortgages on the following conditions:
(1) Any sUcP junior mortaagee shall always be subordinate to all of the
temp, conditionp, covenants, restrictions, useI', limitations, obligations,
lien for corrmon exr:-ensE's, and other obligations created by this Declaration;
(? I 'l'!1e Mortgagee under any iunior mortgage shall release, for the purpose of
reptoration of any improvements upon the mortaage premises, all of his
riar-t, titl e and interest in and to the proceeds under all insurance policies
upon paid premises which insurance policies were effected and placed upon
the mortgage<'l premises by the Managing Agent or other Owners. Such release
BOOK 554 PA1iE495
spa]] he furnisped forthwitp by a junior mortgagee upon written request of
the t-Ianaging Aaent or Owners of the other t1nit.
22. A'I'J'OPt-lFY-I]Il-FAC'J' Il" CASF OF DFSTFUcrION, REPJlIR OR OBSOLFSCFNCF.
'!'Pis Declaration hereby makes mandatory the irrevocable appointment of an
Jlttorney-in-Fact to deal with Condominium Unit.s A and B upon their
destruction, repair or obsolescence.
Title to hetp of such Condominium Units is declared and expressly made
sub~ect to tl1e terms and conditions l1ereof, and acceptance by any grantee of
a need fran the Declarant or from any Owner shall constitute appointment of
the Attorney-in-Fact herein provided. All of the Unit JI and P 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
itf' CleFtruction, repair or obFolescence af' is hereafter provided. Said
Jlt.torney-in-Fact sl1all I1ave full and complete authorization, right and power
to make, execute and deliver any contract, deed or any other instrUlll€nt with
reFpect to the interest of a Condominium Unit Owner which are necessary or
appropriate to the exercise of the powers herein granted. Repair and
reconstructim of the :improvEments as used in the succeeding subparagraphs
meanf' ref'toring tl1e :improvements to substant.ially the same condition in
wt>icl1 tl1ey exist.ed prior to tl1e damage, with each Unit and the General and
Limited Carmon Flements appurtenant thereto having the same vertical and
hori zontal boundaries as before. The proceeds of any insurance collected
shall be avail able to tl1e Jlttorney-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
fortl1 l1ereinafter.
(a) :rn t.he event of damage or destruction due to fire or other
disaster, tbe insurance proceeds, if sufficient to reconstruct the
iITIProvementf', Mall be applied by the Jlttorneys-in-Fact to such
reconstruction, and the :improvements sl1all be promptly repaired
and reconf'tructed. The Attorney-in-Fact shall have full
authority, right and power, as Attorney-in-Fact, to cause the
repair and restoration of the :improvanents.
(0) Jf the insurance proceeds are insufficient to repair and
reconstruct. the :improvements, such damage or destruction shall be
promptJy repaired and reconstructed by the Attorney-in-Fact., using
tl1e proceeds of insurance and the proceeds of an assessment to be
maCle against aU of the Unit A and B Owners and their Condominium
UnitF. Such deficiency assessments shall be a Comnon Expense and
made pro rata according to each Owner's fractionaJ interest in the
Duplex Comnon Elements, and shall be due and payable within thirty
days after written notice thereof. The Attorney-in-Fact shall
have the autl10rity to cause the repair or restoration of the
improvements using all of the insurance proceeds for such purpose
not.withstanding the failure of an Owner to pay the assessment.
The af'sessment. provided for herein sl1all be a debt of each Owner
and a ] ien on Dis Condominium Unit and may be enforced and
collected as is prm'ided in Paragraph 20. In addition thereto,
the Jlttorney-in-Fact. shall have the abFolute rigl1t and polll':"r to
sell the Connominium t1nit of any Owner refusing or failing t.O pay
such deficiency assef'sment wit.hin the time provided, and if not so
paid, the Attorney-in-Fact. shall cause to be recorded a notice
t:t>at the Condominium Unit of the delinquent Owner f'hall be sold by
the Jlttorney-in-Fact.. The proceeds derived from the sale of f'uch
Condominium Unit shall be used and disbursed by the Jlttorney in
the followina order:
(1 ) For payment. of tl1e balance of the lien of any
fi. rst mort.qage;
(:2) For pavment of taxes and special assessment liens
in favor of any assessing entity;
(3) For payment of unpaid Comnon Fxpenses;
OODK 554 PA&f496
(4) For piyIDent of junior 1 iens and encuml:>rances
in the order of and to tl1e extent of their priority;
and
(5) 'J'he balance remalmng, if any, shall be piid to the
Condaninium flnit Ownpr.
(c) The (\.mer of one of such Units may give notice to the other
Unit Ownprs tl'>at Unite A and B are obsolete and that the sam>
should be rene\\ed or reconstructpd. If beth C\mers aqree, then
the expense thereof shall be piyabl e ty beth of the ci.ners as
C'cmmn Expenses; provided, however, that any Owner not in
aareement to such renewal or construction may give written notice
to t-he At.torney-in-Fact that such Unit shall be purchased by the
Attorney-in-Fact for the fair market value thereof. If such Owner
and tl>e JlttC'rnev-in-Fact can agree on the fair market value
thereof, then such saJ e shall be comH.mnated within thirty days
t-pereaft.er. If 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 "cOIlIllE'ncing date" from whid-. all
periods C'f time mentioned herein shall be mea."ured. Witl>in ten
Clays follO\dng the COlIIl1encinq date, ead! party shall nominate in
writinq, and give notice of snch nanination to the other party, an
aj:praiser who shall be a duJy aualified arpraiser or a realtor and
he aualified to make appraisal.s of condominium and similar
property in pit-Jdn County, Colorado. If either party fails t.O
make such a nomination, the appraiser nominated shall, within five
Clays after default by the other party, appoint and associate with
him anot:per simil arly aualified appraiser. If the two appraisers
de!?ianated by the parties, nr selected pursuant hereto in the
event of the default, of nne party, are unable to agree, they shall
appoint another similarly qualified arpraiser to be arbitrator
between them. 'J'he decision of the appraisers as to the fair
marJ<et val ue shall be final and bindina. 'The expenses and fees of
such appraisers sha]] be berne eaually by the Attorney-in-Fact and
the Owner. 'The saJe shall be consUlllllated within fift.een days
thereafter, and the Attorney-in-Fact shall disburse such proceeds
as is provided in subparaaraph (b)(1) throuah (5) of this
paragraph.
(a) Owners of both Units may agree that Units A and Bare
obsolete and that the same should be sold. Such agreement must
have the unanimous awroval of every Mortgagee. In such instance,
the Attnrnev-in-Fact shaJ 1 forthwith record a not.ice setting forth
soch fact- or facts, and upon the recording of such notice by the
Attorney-in-Fact, Condominium Units 1 and 2 shall be sold by the
Attorney-in-Fact- for beth of the Owners, subject to all of the
provisions contained in this Declaration and the Map. The SaJES
proCPeCl!' shall be apportioned among the affected Owners on the
basis nf each Owner I I' fractional interest in the Duplex Comron
El ement.s, and such apport ioned proceeds shall be paid into
eeparate accounts representing each such Condominium Unit:. Each
such account shall be in the name of the Att,orney-in-Fact, and
shall be further identified by the number of the Unit, and the
name of the 0wner. Fran each separate account, the Attorney-in-
Fact shall use and disbun,e t-he total amount of such accounts,
without contribution frcm one account. to another, for the same
purposes and in the same order as provided in subparagraph (b) (1)
tl1rough (5) of this paragraph.
23. A'J'J'ORJilFY-Hl-FACT IN CASE OF CONDElolNATION. Th.is Declaration hereby
makes manClatory the irrevocable arrx>intment of an Attorney-in-Fact to deal
with the Project in the event of its catlplete or partial condemnatinn.
Title to alJ of tlle Condaninium Units is declared and expressly made subject
to the terms and conditions hereof, and acceptance by any grantee of a deed
fran the Declarant. or frcrn any Owner shall constitute appointment of the
Attornev-in-Fact herein provided. Declarant hereby appoints DAVID
M(JC'HEt-lI1IRIIl I">is true and lawful attorm'y in his name, place and stead for
BOOK 554 PAGE497
the purpos~ of dealjnq with the proiect upon its condemnation as is
hereinafter provided. Raid Jlttomey-in-Fact may be changed at any t.ime by
the Owners having a maiority of the percentage iI'terests in the Real
prorerty COIIIIIOn E'ements, such change only t.O be effective upon the
recordinq of a notice designatino t.he new Jlttomey-in-Fact under this
Paragraph 23 in the pitkin County, Colorado, real property records. Said
Jl1:tomey-in-Fact shall have full and canplete authorization, right and power
to make, execute ana deliver any coI'tract, deed or other instrument with
respect to the interest of a Condaninium Unit Owner which are necessary or
appropriate 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 I ieu 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 Jlward", shall be payable to the Attorney-in-
Fact.
(2) Compl ete Takinq. In t.he 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 shal I terminate. ~e Condemnation Award
shall be apportioned among the Owners on the basis of each
Owner's fract.ional interest in the Real Property Cornnon
Flements, provided that if a standard different fran the
value of the property as a whole is anployed to rreasure the
Conde.ronation 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
awHcable.
On the basis of the principal set forth in the last
preceding subparagraph, the Attorney-in-Fact shall as soon as
practicabl e determine the share of the Condemnation Award to
which each Owner is ent,itled. Such shares shall be paid into
separate accounts and dj sbursed as soon as practicable in the
same manner provided in Paragraph 22(a).
(3) Part.ial 'T'aking. In the event that less than the entire
Proiect 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 Condrnmation Award to be
determined in the following manner: As soon as practicable,
the Attorney-in-Fact shall, reasonably and in good faith,
allocate the Cond.emnation Award between compensat.ion, damages
or other proceeds, and shall apportion the amounts so
allocate<'! among the owners, as follows: Ca) the total amount
aDocated to taking of or in~ury to the C..eneraJ. Ccmnon
Elements, (b) the total amount allocated to severance damages
shall be apportioned to those Condominium Units which were
not taken or condemnPd, (c) t.he respective amounts allocated
to the taking of or iniury to a particular Unit and/or
improvements an Owner had made within his own Unit shall be
apportioned to the,particular Unit involved, and Cd) the
total amount allocated to consequential damages and any other
takings of injuries shall be apportioned as the Attcrney-in-
Fact determines to be equitable in t.he circumstances. If an
allocation of the Condemnation Award is already established
iJ'l negotiation, judicial decree or otl'>erwise, then in
allocating the Condemnation Award the Attorney-in-Fact shall
employ such aJ.location to the extent it is relevant and
applicable. Distribution of apportioned proceeds shall be
.. ,
BOOl! 55<1 1'Alif498
disbursed as soon as practicable in the same manner provided
in Paragrapn 22(d).
(4) Reorganb:ation. In tile event a partial taking results
in t..be takina of a ccmplete Unit, the OWner thereof
aut.omatically snaJ I cease to be an Owner under tilis
Declaration.
(5) Peconstruction and Pepair. Any reconstruction and
repair nE'C€'f'sitated by condemnation shall be governed by the
proceClures specified in Paragraph 22 nereof, in wI1ich case
sucl1 paragrapn snall be construed to apply to bot.h
Condoroinium Units.
75. /oIAILThTG OF NOTICFS. Eacl1 Owner shall register his mailing address
witn tne other OWner and an notices or demands int,ended to be serve(! upon
anv Owner shall be sent by eit.her registered or certified mail, postage
prepaio, addressed in the name of the Owner at such registered mailing
adoresf'. An notices or demand!' intended to be served upon the Owners shall
be aivel" by registereo or certified mail, po!'tage prepaid, to the registered
address thereof. JIJ 1 notices or demands to be served on Mortgagees pursuant
hE'reto shaJ1 bE' sent J:'Y either registered or certified mail, postage
prepaid, addressed in tile name of the Mortgagee at. such address as thE'
Mortgagee may have furnished to thE' OWners in writing. Unless the Mortgagee
so furnisnes such address, the Mort.gagee shall be entitled to receive none
of the notices previded for in this Declaration. Any notice referred to in
thi!' ~ion shall be deemed given when deposited in the united States mail
in the form provided for in t..his Section.
26. PF.HIOD OF CONOOMThlJl1M a-INERSHIP. This !'eparate condominium
e!'tates created by tilis Declarat.ion and the Condominium Map shall continue
until thi!' Declaration is revol<ed in the manner and is provided in Paragraph
15 of this Declaration or until terminated in the manner and as is provided
in Paragraph 23 of this Declaration.
27. GFNFPJII..
(a) If any of the provisions of this Declaration or any
paragrapn,' sentence, clause, phrase or word or the application
tnereof in any circumstance!' be invalidated, such invalidity shall
not affect the validity of the remainder of this Declaration.
(h) The provisions of t.his Declaration shall be in addition and
surPlemental to the Condcminium Ownership Act of the St.ate of
Colorado and to all other provi!'ions of the law.
(c) Whenever used herein, unless the context. !'hall otherwise
provide, thE' f'ingular number shall include the plural, tile plural
the singular, and the Uf'e of any gender shall include all genders.
80011 554 f'AGE499
pecoreed ate
o'clock
m.,
Feception No.
S'l'ATEMF'NT OF EYC'FPJ'JOl<' FFOM THE FULL SUBDIVISION
---
PFOCFSS FOF TPF. PURPOSF OF CONDCMTh'IUMIZATrol>'
FOF 'J'HE 'IWO PARFS C'ONOOMINIUMS
WRFFFAS, [)}\v:rD MllCFFNBIFN, is the owner of a parcel of real property in
the citv of Jlspen, Pitkin County, Colorado, de!'cribed a..c; follows:
Lot: 9, Block 2
Snowbunnv Subdivision
WREFPJlS, the foregoing describe<:1 real property contains an approved
duplex unit: and
WFEREAS, Applicant has request.eCl an exception from the full subdivision
process for the purpose of condaniniurnizing the existing nuplex on the
sub~ect property to be known as the 'TWo Hares Condcminiums; and
VI'FF.FFA.C;, the City Council determined at its regular meeting held
Df>CffiII:'E'r 21, 1987, that such exception wa8 appropriate and granted the same,
subiect, ho~ver, to certain conditions as set fortll below:
HW, THF'FEFORF, t,he Ci'lcy Council of Aspen, Co J orado, does hereby
determine that the applicat:.ion for exception fran the full subdivision
proa>ss for the purpose of conClcminiumization of the above-described property
is proper and hereby arants an exception fran the full subdivision process
for such conClcminiUI1rl zation.
PflOVIDFr', HG\lFVFF, that. the foregoina exception is expressly
condit-ioned upon (1) the Applicant's recording with tlle pitkin County Clerk
and Recorder, contemporaneously herewith, that certain "Declarat,ion of
Covenants, Restrictionf', and ConClitions for "'!'wo Hares Condcminiums" dated
January 4, 1988, ane (2) the JlppHcant's strict carpliance with the
pro"if'ions contained herein and all representations set forth in the
appJ ication suhmitteCl and binClinq conditions of approval on tllis mat.ter set
by the Planning and Zoning Ccmnission and/or the City Council, for itself,
its successors and assigns.
Dated this (p~ day of ?~"~7 . 1988.
JlPFFOVFD:
I, Fathryn S. Roch, do certify that the foregoing Statement of
Fxception fran the Full Subdivision Precess for the Purposes of
Cendaniniumizat.ion was considered and approved by tl1e Aspen City Council at
its reaular meeting hele' December 21, 1987, at liItlich time the Mayor was
authorized to execute tlle SeIDe on behalf of tbe City of Aspen.
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BOOK 554 PAGE500
DECI,AFATION OF COVENAl-'TS, rESTRICTIONS JIm
CONDITIONS FUP WF 'IWO BARFS (Th1])(!olINIUMS
DAVID MUCl'FJ-lflIRN, for him.c;elf, his heirs, executors, administ.rat.ors,
and assigns, in considerat-ion of the granting of an exception frcm the full
suh'liv.ision procE>ss for the purpose of ccndcminiumization 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 fonowing described property (the
"Property'" tooether, with the improvements thereon situated in the City of
Aspen, Counry of Pit.kin, St.ate of Colorado:
lot 9, Block 2
Snowbunny Subdivision
Hereafter, fTnit: A and Unit B, 'TWo Hares Condcm.iniums, City of Aspen, pitkin
County, Colorado, as shown on the Condcminium Map therefor recorded in Plat
Book & at Page fl:.1} and sub;ect to the terms, conditions. and obligatiC'ns
of the Condcminium Declaration therefore recorded in Book 55'-\ at Page It'i!<( ,
alf'o descriJ:.en as 1250/1252 f'nowbunny lane, Aspen, Colorado.
2. 'ltte exist:ing two units ccmprising 'TWo Hares Condcminium.c;, whe..n 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
caJ endar year, a1J as defined in the Jlspen Municipal Code, as amended; and,
further, when both units are offered for sale, they shall be and are hereby
sub;ect to t!'>E' requirements of Sections 20-22 (a) , Aspen Municipal Code, as
amended.
3. In tlle eVE'nt that any municipal improvement. or improve.ments of a
kind conterrplated in SectJon 20-16 of the Municipal Code of the City of
Aspen, a", amerrled, bPccmes 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 Corrlomini\llllS, Covenantor will make no objection to any special
aSSE>ssment or special tax or proceeding therefor on the basis that the
Property is adeauately served I:y ex5stina improvements and/or on the basis
that the premisE'S will not be served or benefited by tlle improvement or
.improvements proposed. Covenantor further agrees to join, upon the City's
demand therefor, any improvement district fonned for construction of such
improvements (including, without limitation, drainage, underground utilities,
paving, curbs, autters, sidewalks, street lights, etc.) in the area of 'TWo
Pares Condcminium.c; or to reimburf'e the City of Aspen directly upon deroand
therefor if the City should choose t.O construct, these improvements without
the formation of such a district.
4. '!t>e covenants herein may be chanqed, IOOdified or amended by the
recordinq of a written instrument siqned by the record owners of the
Property and the Mayor of the City of Aspen pursuant t.o a vote taken by the
City Council.
5. 'l11e covenants herein cont,ained shall run with the land and
shan he bind.ing upon all parties havina any right, title or interest in the
Property or any part thereof, and their heirs, representa.tives, successors
and assiqns, for the period of the life of the longest-lived member of the
prE'f'ently-const.itut,ed Af'pen City CounseJ plus twenty-one (21) years, or for
a period of fifty (50) years frcrn 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 reflE'cted by resolution of the City Council of the City
of Jlspen.
7 In any legal proceeding to enforce the prov1slOns of these
covenants, restrictions and condit.ions, the prevailing party~all~
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BOOK 554 PAGE501
ent-it] ro to rE'Cover its costs and fees therein, includinq its reasonable
attorney fees and expert witnesp fees. -
IN ~1F8S WfIFFEOF, ttlis Declaration has been duly executed this -/711
day C'f 'htllM'-Y , 1988.
~........
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David Mu
STATF OF COLORl\OO
:ss
com.1TY OF PIrKIN
SuPscribed and S\oKlrn to N>fore me this
by Davie Muckenhirn.
kf~1~~1988
WITh'ESS my hand Md offici al seal.
My COOlI1.i sl"ion exrires, I;;;;.(tc/k 1
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K\ol\' ,\1.1. :\It;:\ B YTIIE~t; PIlE~E\T~:
DAVID MUCKENHIRN
That, WIH'I'l'a.,
llOOK 545 I'Alif669
hy[H:EIlOFTlUi~Tdaledth(' dayof December ,1986
al,d duly rl'('ordt'd in till' offil'e ofUw County (,1l'I'k and H(,(,ol'dl'l' of tilt,
COlllltyof PITKIN , in the Statl' of Colorado, Oil the 17 day of DECEMBER
J!l 87, ill hook 525, Oil pag-e, 686 ,(Film No, ,Rl'ception
;'\0. 284296 ), l'tJllVt'Yl'd to tlw PubliC" Tl'lI~ll'l' in said County of
PITKIN ,l'ertain ..pal t.~tatl' in said I.h'l'd of Trust dt>s(-'ribl'd, in trust to ~f.:'('llre to the
o.d,'rof J. STERLING BAXTER, M.D.
tla' pa~'ll\l'llt oftlw inth'btl'dlll'~s 1lh'lltiOlll'{1 tllt'I"('in,
A\1l WIIEREAS, Said illd..ht,'dlH'ss has h"l'n paid "lid the plll'pO.I" "f.aid tru.t have heen
full.\' ~atisfit'd;
;-';OW, TIIEREFOHt:, Atlh.. r('(llIl'st of thl' lq:al hold,'r of the indl'lJtedness .ecur",1 hy snid
lll't'd of Trust. and in {.on....;jderation of till.' pl't.'llIist's, ;llId in fllJ't)WI' considcl'ution of the sum of
Sl'v~n Dolla..s. 10 lll~ in hand p;lId. the ..e~~ipl II hcr~of is herd'y acknowlcdg~d, L as the Public
Trustel' in said County of PITKIN . do ht'reby remise, release and
quit-claim unto Uw 1)I't.'gent owner OJ' OWIJllr~ of l'l'l.d t'stah.. Hnd unto the heirs, successors and
as:-iigll~ of said OWIH'r or owners fure\"t'!", all till' I'll.dlt, title and intl'l't'st which I have in and to the
said I"l'al ('stah', as slIch Publk Trustt..t:, in said Dt,t:d of Trust 1l1l:'lltioned~ and more part~('ularly
des(Ti bed Us follows. to wi t:
LOT 9, BLOCK 2,
SNOWBUNNY SUBDIVISION
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.,tuat", lying- and hein!\, in the County of PITKIN and $ta'te ofCol~lt.{d:, I
10 HAVE AND TO HOLD the .ame, tog-dhl'" w,th all nnd sing-uI8Al'enr"""le~e5' an<<-,',
nppurtenance. thereunto belonging- forever, And further, that the slud T~~t:DeJdl'.'~Y'-these '
presents, to he considered as fully nnd absolutely released, cancelled and for,~ di}Char{ed..' ~,
WITNESS my hand and senl, this 'f ~ day of, ,~,.7,:.!~.} H ,,lltq.
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A..thul' 'ikTI'Ultu'I'ln.,uol: t.:ount)'"'~ !
By4~ 0( ~"I'"hll'T''''''''' ii
STATE OF COLORADO, } I
Countyof l=?ttk"n' ss. "J.'\C;~ !~",;
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l II ) ,1-1 . r- J( /1. LJ ?/.[./L dnyof /v-l/.rt7//(I;I..Ct--- ,l!1,V', by ; >;
t(./~t/, j' V' c.t l.{ I '~/': -i J, ,', :/,~
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Wltnes. my hand and offiCIal s~al.) I ,
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,/j :\UI..I\I'),III.
The PU!Jlit' Trll~t('(~ in .said County of .' (; /.:
['Jt'ase t'.xt.'I'IIt.t~ thiS release, the indebtedness secul'ed byo'lhe above mentioned Deed ofTrllst
having- hl'l'n f\llly Jlaid,
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MEMORANDUM
TO: Cindy Houben, Planning Office
FROM: Jim Gibbard, Engineering Department ~
DATE: November 20, 1987
RE: Two Hares Condominiumization
------------------------------------------
------------------------------------------
The Engineering Department has reviewed the above application and
has the following cor.~ents:
I. The submitted plat is not complete and should have the
following additions:
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 elect:rical meters.
c. A Title and/or Mortgage Certificate (requires
notar iz ation) .
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 o~ 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
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APPLICATION FOR SUBDIVISION EXCEPTION FOR THE TWO HARES DUPLEX
This application is a request for approval for subdivision
exception (for the purpose of condominiumiza tion) 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."
Condomini umiza tion permi ts the sepa ra te ownership of each
unit and the common ownership of certain designated common areas.
The property is controlled by a declara tion 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 wi th the applicable ci ty
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. Wi th 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.)
~tfUllY,
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'~M~cken~irn
Owner
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PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: \( U- \:) b \ 'T \--)v\ (') 1 e k C' '--' y"'\' ,-'l'V' \,n ~ '-" ." \ , (. <;Ai ' ,) !'I
APPLI CANT'S REPRESENTATIVE: Do -.J, c:'\ I'- \ lA, C \ . e ri ~ '\ '( (\
REPRESENTATIVE I S PHONE: Cl L S- - q, ~ IS <,(
OWNERS NAME: 0::;< v \ J
r--\ '0\ ( (,.,_ C "" h I r VI
SUMMARY
1. Type of Application: Coy,dU,,,,','-'1 \-., VV',; (.. f2.- (Ie '^-.-lJ c"rl 'l. Y
2. Describe action/type of development bein~ requested:
Ih<:.- S 1"I't::. \..,,_.J<d VC<tc<-r'\\. -:s::.."\\'..... 'r\e.u.J
A ""- f\~.x
3. Areas in which Applicant has been requested to respond, types of
reports requested:
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policy Areal
Referral Agent
Comments
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Review is: (P&Z Only) (~~ (P&Z then to CC/BOCC)
Public Hearing: (YES) <l~:C>l) --,-
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Did you tell a~;icant to submit list of ADJACENT ~ROPERTY
OWNERS? (YES) ~~) Disclosure of OWnership: ((~_~~/ : (N~) ", O.{ ...,'
What fee was applicant requested to submit: '11. ?10 2-hf" ,(
, , '(y--, I n v ( <,;, .."'"\ <l' (\ e " r
Anticipated date of submission: 'n" '. lY\Ur"'\" tl> go :::: ~"3C;-v
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COMMENTS/UNIQUE CONCERNS:
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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.
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, CO 81611
(303) 925-2020
Date: 'i\.ou <., ,"'f)1
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Dear
This is to inform you that the Planning Office
preliminary review of the E~tioned application.
that your application IS ~ complete.
has compl eted its
We have determined
Addi tional i terns required include:
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A.
Disclosure of Ownership (one ropy only needed)
Adjacent Property Owners List/Envelopes/Postage (one ropy)
Additional ropies 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 $
Your appl ication is compl1ete and we hCWe scheduled it for
rev iew by the <.,~ L.,~-W\ on ~. \~\ . 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 ropy 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.
c~ ~"'-~"-I
Sincerely,
ASPBN/PITKIN PLANNING OFFICE
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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:
-=" RECO~Q. .MOTr~H:' The l>lann!ng:ottu:e""'X-ecommendS approval of
. /' ~~~,~PQ~1cat1on ~1~ the fol1ow1ng motion: .
{/'ll-l /'I-i (..(.{(. '-i. ,L\: .
"Move .t? ~ran~ subdivision Exception for purposes of
~ondom1n~~1za~10n for 1250 Snowbunny Lane. with the~~o~~-
1ng cond1t10ns. . '<A'tv/ ./~=
"' 'j
$5 k.,,'-~
of subdivisi~n
City Attorney,
1)
The applicant shall submit a statement
exception, to the satisfaction of the
including stat~entsthat:
a. The units will be subject to six. month minimum
leases'w;th nn Mnr~ ~h~n ~wn ehn~__ +-----~-- ---"
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. .
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