Loading...
HomeMy WebLinkAboutlanduse case.es.106 N 7th St.A046-00 LC. ~ -- CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A046-00 2735-124-45001 106 N. Seventh1735 W. Bleeker Condominium Conversion 106 N. 7th/735 W. Bleeker James Lindt Condominiumization Randall Bone Lennie Oates 6/7/00 Plat Recorded 6/7/00 6/7/00 J. Lindt "....., ,.., ...,..' LAW OFFICES OF OATES, KNEZEVICH & GARDENS>VARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING S33 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 LEONARD M_ OATES RICHARD A. KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY TELEPHONE (970) 920-1700 FACSIMILE (970) 920-1121 e-mailohkg@rof.net OF COUNSEL MICHAEL FEIGENBAUM JOHN T. KELLY AprillO, 2000 DAVID B. MUELLER James Lindt, Planning Technician City of Aspen Community Development Dept. 130 South Galena Street Aspen, CO 81611 HAND DELIVERED Re: Plat for 106 North Seventh/735 West Bleeker Common Interest Community Dear James: This letter shall constitute the application of Randall G. Bone for a subdivision exemption for a "Condominium Conversion" for approval by the Community Development Department Director pursuant to 26.88.030 A.3 and 26.88.070 of the Land Use Regulations of the City of Aspen. You will please find enclosed herewith two (2) copies ofthe proposed Plat for the above project, developed as a common interest community. The project is situate on Lots A and B, in Block 18, City and Townsite of Aspen. Please arrange for the Plat to be circulated to the required referral agencies for consideration and request that I be advised as to what additions, deletions and modifications are required. Also enclosed is the application fee in the amount of$460.00 for a two (2) unit project. The project is developed with two (2) detached single family residences. There will be ADU's attached to each. We , OATES, KNEZEVICH & GA'twlENSWARTZ, P.C. James Lindt, Planning Technician AprillO, 2000 Page Two understand that the deed restriction for the 106 unit has been made. The 735 unit ADU has not yet been constructed, but will be deed restricted when built. Also enclosed is a copy of the proposed form of Declaration which will be recorded at the same time as the original Plat. Very truly yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. By ~MW ~ Leonard M. Oates LMO/dw Encs. C:\Data\Clients\BonelLtr i.Lindt 4-7-00. wpd LAW OFFICES OF OATES, KNEZEVICH & GARDENS>VARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 LEONARD M. OATES RICHARD A. KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY TELEPHONE (970) 920-1700 FACSIMILE (970) 920-1121 e-mailohkg@rof.net OF COUNSEL MICHAEL FEIGENBAUM JOHN T KELLY May I, 2000 DAVID B. MUELLER James Lindt Planning Technician City of Aspen 130 South Galena St. Aspen, CO 81611 VIA HAND DELIVERY Re: Pending Application of Randall Bone for Administrative Condominium Approval for I06 North Seventh Street/735 West Bleeker Dear James: I have had a recent telephone conversation with Randall which answered some questions that I had and may have misstated in Randall's Application. I believe that in the Application I stated that there would be deed restricted ADUs associated with both of the units. That is incorrect. Unit 106 required a deed restricted ADU and that unit has been constructed and deed restricted. Unit 735 does not require a deed restricted ADU, but an ADU could be incorporated in that Unit if desired by the Owner. I do not believe it would need to be deed restricted if it was built. It will be up to the owner of Unit 735 to decide ifhe will put an ADU in. OATES, KNEZEVICH & GARDENSWARTZ, P.C. James Lindt Planning Technician May 1,2000 Page 2 Please consider this letter an Amendment to our Application. If you need to discuss this with me, Randall will be in town for a few days next week and we can meet. Very truly yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. ~1A{; (J)0 By: Leonard M. Oates LMO/jr \\Lmos\Data\Clients\Bone\Ltr.Lindt.5.01.00.wpd N ~ < 0 ';,i- z - - m Z CI i 0 :: llJ ;:! ~ ~ ~ : u.. ~ n: <( ill ,., o p:; ~ ~ ~ ;0 ~ ~ rr .J l/) 0 u03~~~ ~ ~ ~~~~ 5: :I: 6 ~ ~ 6 5 ~ iIi i ~ ': ;;.. ~g~~ ~ ~ ~ (') ~ ril ~ 0 ~ <( z " ~ ~ i o ~ <: o .4:1 W .> "" ,!I.l !;.) ;lj = = = "'" !z w =< zo. -0 ,,--' --ill Eru ,,0 .~~ -J>z <(::> =< ::0 o " .- C :>- <t :E ::: .S! .;: ::: "5 ~ .,.., ~ .5 ~ ::: C'J ::: oS t::: ,.,.., .,. :::...... .... ~'C .:;;" ~ ~ ;;;:: .5 E;-.;: C """~~u ~ ~~ :::" :: 0<:> I\l ~O"'" E;- ......~ TO: FROM: RE: DATE: COMMENTS: MEMORANDUM Plans were routed to those departments checked-off below: fI........... City Engineer o ........... Zoning Officer o ........... Housing Director o ........... Parks Department o ........... Aspen Fire Marshal o ........... City Water 0........... Aspen Consolidated Sanitation District o ........... Building Department o ........... Envirorunental Health o ........... Electric Department 0........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-nO.5104 Fax-920.5439 106 North Seventh! 735 West Bleeker Condominiumization Parcel ID #2735-124-45-001 April 14, 2000 Please return comments to me by April 28th. Thank You, James Lindt r " ""'.. ...,~ ,:.,... COMMON INTEREST COMMUNITY DECLARATION FOR 106 NORTH SEVENTHl735 WEST BLEEKER NAME, OF THE COMMON INTEREST COMMUNITY 106 NORTH SEVENTHl735 WEST BLEEKER COMMON INTEREST COMMUNITY NAME OF THE ASSOCIATION 106 NORTH SEVENTHl735 WEST BLEEKER . OWNER EXECUTING THE DECLARATION RANDALL G. BONE DESCRIPTION OF PROJECT Units 106 and 735, 106 North Seventh/735 West Bleeker, according to the Common Interest Community Plat thereof recorded , 2000 in Plat Book_at Page_of the records of Pitkin County, Colorado FORMERLY KNOWN AS: Lots A and B, Block 18, City and Townsite of Aspen, Pitkin County, Colorado. COMMON INTEREST COMMUNITY DECLARA nON FOR 106 NORTH SEVENTH / 735 WEST BLEEKER THIS DECLARATION is made as of2000, by Randall G. Bone (the "Declarant"). RECITALS A. Declarant is the owner of the following described real property in the City of Aspen, County of Pitkin, State of Colorado (herein, the "Real Property" or "Common Interest Community"): Units 106 and 735, 106 North Seventh/735 West Bleeker according to the Common Interest Community Plat thereof filed for record in Plat Book Page of the records of Pitkin County, Colorado (the "Plat"), together with all of the Common Elements thereof, all as more fully described as: Lots A and B, Block 18, City and Townsite of Aspen, Pitkin County, Colorado (the "Real Property"), improved with two (2) single family residences, each to contain an accessory dwelling unit. B. Declarant wishes to subdivide the real property to create and confirm a Common Interest Community consisting of two (2) units in which portions of the Real Property are designated for separate ownership, each with a single family residence thereon and each to contain an accessory dwelling unit, and the remainder of which (the "Common Elements") is designated for common ownership solely for use by the Owners of the separate ownership portions in accordance with the provisions thereof. THEREFORE, Declarant states as follows: ARTICLE 1 DEFINED TERMS 1.1 Submission of Real Prooertv Declarant hereby declares that all of the Real Property and improvements are hereby made subject to the following easements, restrictions, covenants and conditions which shall run with the Real Property and be binding an all parties having any right, title or interest in the Real Property or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. Declarant expressly does not submit the Real Property to the provisions of the Colorado Common Interest Ownership Act, C.R.S. S 38- 33.3-101, et seq. (the "Act"), as the development of the Real Property is exempt therefrom by election of the Declarant, all as permitted by the Act 1.2 Defined Terms. Each capitalized term not otherwise defined in this Declaration or COMMON INTEREST COMMUNITY DECLARA nON FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 2 on the Plat and used herein or on the Plat shall have the meanings specified or used in the Act, notwithstanding that the Act does not govern the Common Interest Community. ARTICLE 2 NAMES; DESCRIPTION OF RE AL PROPERTY 2.1 Names: , 2.l.a Common Interest Community. The name of the Common Interest Community shall be 106 North Seventh/735 West Bleeker (the" Common Interest Community"). 2.l.b Association. The name of the Association is the 106 North Seventh/735 West Bleeker Association, an unincorporated association (the" Association"). ARTICLE 3 THE ASSOCIATION 3.1 Authoritv. The business affairs of the Common Interest Community shall be managed by the Association which affairs are specifically the governance of the Common Elements of the Common Interest Community. 3.2 Member Groups. The Association shall have two (2) member groups, the Unit 106 Member Group which is attached to Unit 106 and the Unit 735 Member Group which is attached to Unit 735. Membership in a group shall be automatic an the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein 3.3 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated association pursuant to the Act or by law. Except as otherwise provided in this Declaration, when approval of the members of the Association is required, the Association may only act upon the unanimous consent of its Unit 106 Member Group and its Unit 735 Member Group, and neither member group acting alone shall have the power to act for or bind the Association. COMMON INTEREST COMMUNITY DECLARA nON FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 3 3.4 Executive Board. Except as otherwise provided in this Declaration, the Association shall act through its Executive Board. The Executive Board will consist of two (2) Executive Board Members. The Unit 106 Member Group and the Unit 735 Member Group shall each appoint one (1) Executive Board Member. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.7 3.5 Notice to Owner: Any notice to an Owner of matters affecting the Common Interest Community by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier, private service delivery or by regular first-class postage prepaid mail delivery. All notices so given shall be considered received on the third business day after deposit in the United States mails regular first-class postage prepaid, at the address of record for real property tax assessment notices with respect to that Owner's Unit or two (2) business days after delivery to a courier or private service delivery. Any notice personally delivered shall be deemed received on the date of such delivery. 3.6 Waiver of Lien Prioritv Rights. Declarant and each Owner understands and intends, by use of an unincorporated association, and because the Association is not governed by the Act, that the Association will not have the benefit of lien priorities provided in the Act for incorporated associations. 3.7 Deadlock. 3.7.a Definition. "Deadlock" shall mean a written statement that there is "a Deadlock" made by a member of the Executive Board to the other member of the Executive Board after a formal vote in which one member of the Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning any matter presented to the Executive Board regarding governance of the Common Elements. 3.7.b Breaking a Deadlock. In the event ofa Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then any matter in Deadlock, shall be settled by binding arbitration administered by the American Arbitration Association in Pitkin County, Colorado, and judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereover, which shall include the Pitkin County Colorado District Court. COMMON INTEREST COMMUNITY DECLARA nON FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 4 3.8 When Consent or Authorization Not Necessarv. Notwithstanding anything in this Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization has obtained the consent or authorization of the remaining Owner of the Common Interest Community. 3.9 Indemnitv. Each Owner ("IndemnifYing Owner") agrees to indemnifY mid hold the other Owner (" Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and attorneys' fees) of whatsoever nature occasioned by or in any manner resulting or emanating from any work done at the behest of the IndemnifYing Owner on such Owner's Unit or labor, services or materials furnished to such Owner or such Owner's Unit and will maintain the Other Owner's Unit, entirely lien free through payment or suitable substitution bond; and, upon the failure of the IndemnifYing Owner to so do, the Other Owner shall have the right to do that which in such Owner's discretion, determines to be necessary to effect the release and discharge ofthe lien from such Other Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21 % shall be repaid by the IndemnifYing Owner upon demand. Until repaid, such obligation shall be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other Owner in the applicable real property records, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover such Owner's costs and reasonable attorneys' fees. 3.10 Additional Rights of Enforce . Each of the covenants, obligations and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept, discharged or performed is intended to and shall be deemed to be for the specific benefit of the other Unit Owner, In the event of the failure or inability of the Association to enforce any provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on such Owner's behalf or, as the case may be necessary or advisable, in the name of such remaining Owner and on such remaining Owner's behalf to commence, maintain and obtain judgment under an action for damages, for specific performance, or for both, as appropriate; and, in connection with any proceedings against a delinquent or defaulting Owner, the remaining Owner shall be entitled to such remaining Owner's costs and reasonable attorneys fees as a part of any judgment entered for such Owner, whether or not the relief obtained, including any damages, is less than what was sought. COMMON INTEREST COMMUNITY DECLARA nON FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 5 ARTICLE 4 UNITS 4.1 Number of Units. Accessorv Dwelling Unit. The number of Units in the Common Interest Community is two (2), Unit 106 and Unit 735. 4.2 Definition of. The identifying name of each Unit is shown on the Plat. Each Unit . shall include an undivided one-half fee simple interest in and to the Common Elements as described in this Declaration and on the Plat. There are no Limited Common Elements. Any reference to a Unit in this Declaration or the Plat shall include that Unit's undivided Yz interest in the Common Elements, and all interest in the Common elements as referenced herein shall be deemed inseparable from the respective Units. 4.3 Unit Boundaries. The boundaries of each Unit are located as shown on the Plat. The Common Interest Community has only vertical boundaries and does not have horizontal boundaries. The Units include land and structural building improvements now or hereafter existing. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS 5.1 Common Elements. The area designated for trash storage shown on the Plat as a General Common Element and common utility service lines, if any, shall constitute Common Elements Responsibility for the maintenance, repair and of the Common Interest Community, replacement of the trash storage area and utilities shall be the only Common Expense and shall be shared equally among the units. No Owner shall do or permit anything to be done to the trash storage area or utilities which affect the integrity thereof for the purposes the same are intended. 5.2 Common Exoenses. The only Common Expenses of the Association ("Common Expenses") are for maintenance of the General Common Elements as shown on the Plat and defined in Section 5.1 above. 5.3 Creation of Association Lien and Personal Obligation to Pav Common Exoense Assessments. Each Owner, by acceptance of a deed to a Unit, shall be deemed to covenant to pay expenses for maintenance of the Common Elements as and when incurred, such assessments shall also include late charges, attorney fees and costs of collection charged by the Association ifnot paid COMMON INTEREST COMMUNITY DECLARA nON FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 6 when due. All Common Expenses assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Unit Owner shall convey a Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense Assessments shall be a continuing lien upon the Unit against which each such Common Expenses assessment is made and is subject to the Association's right to foreclose as provided by the Act. 5.4 Apportionment of Common 'Expenses Common Expenses shall be assessed against the Units equally. ARTICLE 6 MAINTENANCE AND INSURANCE 6.1 Maintenance. 6.1.a Association's Responsibilitv. The Association shall be responsible for the maintenance and repair of all those portions of the Common Interest Community whose maintenance and repair has not been assigned to the Owners by the remaining provisions of this Section 6. 1. 6.1.b Owner's Responsibilitv. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own, and shall have the right and the obligation to maintain, repair, and the right to alter and remodel all property and improvements on and within any building on such Owner's Unit. An Owner shall not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Utilities") running through such Owner's Unit but which serve both Units, if any, except in common with all Owners. Each Owner shall, at such Owner's sole cost and expense: 6.1.b.i keep and maintain in good order and repair the equipment and those Utilities located in such Owner's Unit, which serve that Unit exclusively 6.I.b.ii replace any finishing or other materials removed with materials of similar type ~. COMMON INTEREST COMMUNITY DECLARA nON FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 7 6.1.b.iii maintain in a clean, safe and attractive condition and in good repair the exterior and interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and including without limitation, the roof and structural components serving such Unit 6.I.b.iv maintain in a neat and clean condition, free and clear of snow, ice and water accumulation all the decks, yards, porches, balconies or patio areas . on a Unit. 6.2 Insurance. 6.2.a Owners'lnsurance Each Owner shall maintain property and .Iiability insurance with respect to such Owner's Unit in the amount of the. full insurable value thereof. Such policy shall provide that the Association be named as an additional insured unless the Owners shall agree otherwise, and shall further provide that each Owner be provided with at least thirty (30) days written notice of the cancellation of the other Owner's policy. Each Owner shall use best efforts to cause each insurance policy obtained by that Owner, provide that the insurance company waive all right of recovery by way of subrogation against other Owners and the Association in connection with auy damage covered by any policy. Each such policy shall also include liability coverage on the Common Elements to the extent of the interest of each Owner therein. 6.2.b Waivers. The Owners release each other and the Association, and their respective authorized representatives, from any claims for damage to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. ARTICLE 7 SPECIAL LANDSCAPE AREA 7.1 Soecial Landscaoe Area. The areas shown on the plat as "Special Landscape Areas" constituting a part of each of the Units requires the Owner of the Unit on which such Special Landscape Area is located to maintain and irrigate the existing landscaping, trees, bushes and COMMON INTEREST COMMUNITY DECLARATION FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 8 vegetation thereon in good condition and to replace any diseased or dead vegetation thereon with a healthy replacement of the same specie type and size in the same location. Change to the landscaping of the Special Landscape Area shall be prohibited unless both of the Owner groups agree in writing. ARTICLE 8 . EASEMENTS AND LICENSES 8.1 Recording Data. All easements, licenses and title exceptions to which the Common Interest Community are presently subject are recited in Exhibit A. In addition, the Common Interest Community may be subject to other easements or licenses granted by the Declarant pursuant to this Declaration or on the Plat. 8.2 Common Elements. Rights and Easement. . Each Unit Owner has a right and easement of enjoyment in and to the Common Elements and a right of access thereto, which shall be appurtenant to and shall pass with the title to every Unit subject to the provisions contained herein. Every Owner shall have a non-exclusive easement over, under and across the Common Elements. In the event of future construction on or within a Unit, each Unit Owner shall also have the right, after giving written notice to the members of the Executive Board, to overdig into the Common Elements and adjoining Unit to the minimum extent necessary and temporarily brace any excavation or existing foundations within a Unit. After such temporary use, the constructing Unit Owner shall, at such owner's sole expense, restore and repair the Common Elements or adjoining Unit to the condition existing prior to such construction work. By undertaking work within the Common Elements or adjoining Unit, the constructing Unit Owner agrees to defend, indemnify and hold harmless the other Unit and the other Unit Owners from and against all claims arising out of or relating to such construction, i.ncluding without limitation for injury to persons or property and for mechanics' and materialmen's liens. 8.3 Access Easements. The Owner of Unit 106 shall have an access easement for access to the Accessory Dwelling Unit ("ADU") situate thereon across the portion of Unit 735 shown therefor on the Plat for the benefit of the occupants of the ADU. The Owner of Unit 735 shall have an easement for access across the portion of Unit 106 shown therefor on the Plat for access to the parking spaces on Unit 735. In addition, the Owner of Unit 735 may remove the tree within the said easement in the event the tree shall materially impair access to the parking spaces on Unit 106. COMMON INTEREST COMMUNITY DECLARATION FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 9 8.4 Easements for Improvements. Maintenance and Utilities. Reciprocal Easements (among both Units and Common Elements) are hereby declared to exist over and under the Real Property and all areas thereoffor the existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and airconditioning facilities, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walk-ways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the Real Property and/or the individual Units. Each Owner has the right, at such Owner's sole expense . and after giving written notice for at least one (1) business day to the other Owner, to relocate such lines and facilities within such Owner's Unit; provided, however, that such relocation shall be accomplished without interrupting the need of the other Owner for the use of such lines or facilities (including the providing of temporary service, ifnecessary), except as such other Owner specifically permits. 8.5 Encroachment Easements. Each Owner has an easement over the adjoining Unit for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building, or any other similar cause. There shall be valid easements for the maintenance of such encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by such encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an Owner. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner and in the same place as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of such encroachments so long as they shall exist. 8.6 Easement for Maintenance of Units. Reciprocal easements (among both Units and the Common Elements) are hereby declared to exist on each side of the common boundary line between the Units on areas not occupied by buildings to the extent reasonably necessary for the maintenance of the building exteriors facing said common boundary. Precautions shall be taken to ensure no damage to the Unit of the other shall be caused by the exercise by an Owner of such Owner's rights; however, any damage which shall be caused shall be fully indemnified by the Owner causing such damage or permitting the same to be caused. Except in the event of an emergency, or routine items of maintenance such as window washing, such easement for maintenance shall be exercised only on ten (10) days advance written notice to the other Owner. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed COMMON INTEREST COMMUNITY DECLARATION FOR 106 NORTH SEVENTH /735 WEST BLEEKER Page 10 this _ day of ,2000. By: Randall G. Bone STATE OF COLORADO } ss. . COUNTY OF PITKIN The foregoing instrument was acknowledged before me this , 2000 by Randall G. Bone. day of Witness my hand and official seal My commission expires: Notary Public CONSENT OF MORTGAGEE The undersigned holder of a. mortgage, deed of trust or other lien (collectively "Security Interest") recorded, as Reception No of the Pitkin County, Colorado real property records against and encumbering the Real Property hereinabove described hereby consents to the within and foregoing Common Interest Community Declaration and agrees that its Security Interest is and shall be subject to the terms conditions and provisions thereof as fully, for all intents and purposes, as though such Declaration had been placed of record prior to the recordation of its Security Interest. . NORWEST MORTGAGE, INC. by: Jody Cooper Its: Loan Officer STATE OF COLORADO COUNTY OF PITKIN } ss. The foregoing instrument was acknowledged before me this _day of by Jody Cooper, as a Loan Officer ofNorwest Mortgage, Inc. 2000, Witness my hand and official seal My commission expires on: Notary Public ~" ,-- CONSENT OF MORTGAGOR The undersigned holder of a mortgage, deeds of trust or other lien (collectively "Security Interest") recorded, as Reception No of the Pitkin County Colorado real property records against and encumbering the Real Property herein above-described hereby consents to the within and foregoing Common Interest Community Declaration and agrees that its Security Interest is and shall be subject to the terms conditions and provisions thereof as fully, for all intents and purposes, as though such Declaration had been placed of record prior to the recordation of its Security Interest. . Beverly Bone STATE OF } ss. COUNTY OF The foregoing instrument was acknowledged before me this _day of by Beverly Bone. 2000, Witness my hand and official seal My commission expires on: Notary Public C:\Data\Clients\Bone\Common Int Dee LMO. wpd " '. , EXHIBIT "A" . , '''-, MEMORANDUM To: From: Date: April 28, 2000 Re: 106 N. 7th St /735 W. Bleeker Condominiumization The plat is correct and ready to be presented in Mylar form for final review and signing.