HomeMy WebLinkAboutcoa.lu.ex.450B S Riverside Ave.A083-98PN: 2737-181-37001 Case A083-98
450 S. Riverside Avenue Subdivision
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iNA, iuso C? MOOSE
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,PERRY A. HARVEY esr�nrES we
Broker Associate
5 ➢ 4 EAST HYMAN, ASPEN. C'G'-ORA' ') $ @ 5 E t
(970)925-7000 FAX: 925-769..7 jjomE: 927.0 t It
Case No. A o 83
Representative's
Name: Pal..,
Representative's
Fax:
CASE STATUS SHEET
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Phone: 9 -� 5
DATE n ACTION OR ACTIVITY
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041 Deposit
1042 Flat Fee
1043 HPC
1046 Zoning and Sign
Referral Fees:
1163 City Engineer Ito
1205 Environmental Health
1190 Housing
Building Fees:
1071 Board of Appeals
1072 Building Permit
1073 Electrical Permit
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit
1078 Reinspection
Other Fees:
1006 Copy
1302 GIS Maps
1481 Housing Cash in Lieu
1383 Open Space Cash in Lieu
1383 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right-of-way
1164 School District Land Ded.
TOTAL ���Si Can
it trip In I _� ►..
PHONE:74(4r /emu
CHECK#_/ 7/?
CASE/PERMI #: # OF COPIES:.
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DATE: INITIAL:
PARCEL ID 2737-181-37001 '�'' DATE RCVD: 9/23/98 2 CASE A083 98
CASE NA Molly Gibson Loop Condominiums Subdivision Exemption LNR: s¢�
PROJ AD 450 South Riverside Avenue CASE TYP: Subdivision Exemption - Condomini IIS
t
OWN{APP` Audrey Lee Churchil 1 177 California Stree C/S/ZrAspe=n,CO
Francisco, CA (415) 928-8;
R Perry Harvey 514 East Hyman C!S/Z81611 925-7000
FEES DU 1' 245 (ff) + 110 (e) FEE$ RCV, 355
REFERRAUq
e
MTG DATE REVS
— - DATE OF FINAL ACTIO ,
REMARKS CITY COUNCIL:r—
PZ:
CLOS BOA`
m DRAt?
C�; I • ' 1 PLAT (BK,PG): r r--
Ph 1Overeyn er, —0-3:62—PM-30-/1/98-, Re: 45-0-S. Riversi e
X-Sender: philo@water
Date: Thu, 01 Oct 1998 15:02:49 -0600
To: Sarah Oates <saraho@ci.aspen.co.us>
From: Phil Overeynder <philo@ci.aspen.co.us>
Subject: Re: 450 S. Riverside
Cc: geraldd@ci.aspen.co.us, ryanm@ci.aspen.co.us
Sarah,
There are 2 service lines for 450 S Riverside. However one of the two
service lines also serves a duplex at 1195 and 1197 Highway 82. This line
is
routed through the structure at 450 S Riverside and is attached to the more
northerly of the two service lines. This should have a common service line
agreement with the duplex that is accesccd off of tiie highway. It they
can't get a shared service line agreement or van easement for a separate
line crossing 450 S.Riverside, the duplex should re -tap from the main in
Highway 82. Thanks for checking.
Phil
At 10:02 AM 10/1/98 -0600, you wrote:
>Hi Phil,
>I'm the planning tech in Com Dev (I'm not sure if I've met you yet).
Anyhow
>I need to find out if 450 S. Riverside has separate services or a shared
>agreement. Let me know if you need any more information (my extension is
>5441). Thanks!
grime or arali -O-ate--s <sarahofti . aspen -co . us> - - -- i
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072
�OLGY
Perry Harvey
Subdivision exemption for Condom iniumization
Land Use Code Section(s)
26.88.070 Condom iniumization
26.52 Development Review Procedures
26.52.030 Application and Fees
DATE: 10.1.98
Review by: Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
Public Hearing: No.
Referral Agencies: Engineering,
Planning Fees: Planning Flat Fee $245
Referral Agency Fees: Engineering $110
Total Deposit: $355
To apply, submit the following information:
1. Total deposit for review of the application
2. Signed fee agreement
3. Proof of ownership
4. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name,
address and telephone number of the representative. Include street address and legal description of the property.
5. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of
the Land Use Code sections listed above.
6. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
7. Old (existing) plat if one exists. (from City Engineering or County Recorder)
8. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080
9. Copies of prior approvals (from City Clerk)
10. 2_Copies of the complete application packet (items 3-9)
Process:
Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 1-2 weeks later planner
will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor
makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with
Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency
with the review criteria and technical considerations. Plat is then be signed by City Engineer. Applicant then can record
the final plat at the County Clerk and Recorder (fee).
•
C;
ASPE`i/PMCIN CONEWrNPIY DEVELOPMENT DEPARTDIENT
Agreement for Payment of CA► of Aspen Development Application Fees
(Ple9se Print Cleariy)
CITY OF ASPS (hereinafter CiT`) and Z
(hereinafterAPPLIC,ANI') AGE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJEC 1).
Z APPLICANT and agrees that City or'_1.,�en Ordinance Rio. 43 (Sews of 1996)
establishes a tee structure for land use awlicarions and the nayment of all processing fees is a
COndlriOn precedent =0 a dere' lnatiOn of 3t)pucatlon compieteness.
3. APPLICA2,71 and CI i f agree dIat because of The size. nature or scone of he :,rcnosed
project., it is not possible at this time to ascertain he foil exreat of the costs involved ;n processinQ
the application. APPLICANT and CITY further agree that it is in the interest of the oar4es to allow
APPLICANT to make pavmem of an initial deposit and to thereafter permit additional cons to be
billed to APPLIC.�� T on a monthiv basis. _�PDI.- aUNi agrees he will be benented by retaining
greater cash liquidir,r and will matte additionai payments upon notincation by the when they,
are necessary as costs are inm r:ed. CITY a—grees it'Mill be beaetited through the greater certainty or
recovering its full costs to process APPLiC.AIN7S application.
4. CITY and APPLIC..v i fiirther agree that it is impracticable for CITY stag to compiete
processing or present sufficient information to the Manning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore. APPLIC auv7 agrees that in consideration of the C=s waiver of its tight to
collect full Zees prior to a det�nanon of application completeness, APPLICANT shalt pay an
initial deposit in the amount of S which is for hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CTI'Y to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICA'iNT further agrees that failure to pay such aca ued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANNT
Community Development Director
City of Aspen
Signature:
Date:
Printed Name: U !ems- Cfi`lir,�G /c C
Dialing Address:
// 77
01- AND USE APPLICATION 0
PROJECT:
APPLICANT:
Name: �7 GG C y / �� C✓ �C,� C'Cti�;-C
Location: 27e"j0
(Indicate street address, lot & block number, legal description where appropriate)
Name: 7L:3- Y
Address: CMG /�_ o✓�ti/.� S T /�/�
Phone #: (z-10_5- j 9 _�? _ 7 70
REPRESENTATIVE:
Name: /--2 Y 1-71,-_;71_-)
Address:/�/J��'J/L/ rid%✓����
Phone #:
TYPE OF APPLICATION: (please check all that apply):
0
Conditional Use
Conceptual PUD
Conceptual Historic Devt.
Special Review
Final PUD (& PUD Amendment)
Final Historic Development
Design Review Appeal
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
Final SPA (& SPA Amendment)
Historic Demolition
GMQS Exemption
Subdivision
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
Lot Split
Temporary Use
❑
Other:
Lot Line Adjustment
gfi
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
1_167G A ,O�iJl
Have you attached the following? FEES DUE:
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
❑ Response to Attachment #2, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
❑ Response to Attachment 94, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
09/21/1998 23:12
415-926-7923
0
AUDREY LEE CHURCHILL
0
NAVE 02
September 22, 1998
AUDREY LEE CHURCHILL
1177 CALIFORNIA STREET, # 1214
SAN FRANCISCO, CAUFORNIA 94108
Mr. Chris Hendon
City of Aspen
Community Deveioptnent Depar rneW
1.30 South Galena Street
Aspen, Colorado 81611
RE: A parcel of land being all of Lots 1, 2, and 3 and part of Lot 7 and 8; Riverside Addition to
Aspen, Colorado. This is kOm as Condominium Units A and B, The Molly Gibson Loop
Condominiums, according to the Condominium Map thereof flied in Plat Book 0 at Page 15,
Plat Book 7 at Page 84 and Plat Book 9 at Page 71 of the recotda of Pitkin County. Purther,
there was recorded in Book 348 at Page 792 of the records of Pitkin County, Colorado a
Condominium, Declaration for Molly Gibson Loop Condominiums.
Dear Mr. Hendon:
1 am making application to the City of Aspen to amend and restate the Condominium Declaration
and'.1&p for the Molly Gibson Loop Condominiums. My representative for the processing of this
application is Perry Hervey, whose address is 514 East Hyman Avenue, Aspen, Colorado 81611 said
whose phone is (970) 925.7000. Mr. Harvey will speak for me regarding the application.
BACKGROUND: The Molly Gibson Loop Condominiums were formed in 1978 by the then owns
Mr. C. M. Clark. Subsequently, I purchased the entire complex, consisting of Units A and B. In
1993, I received approval from the City of Aspen to demolish Unit B and replace it with a new unit
B to consist of a residential unit and an ADV. In November of 1995,1 received the enclosed
Cerdfloate of Occupancy. The deed restriction for the Accessory Unit is recorded at Book 760 Page
524 of the records of Pitkin County. A new Condominium Map and Declaration reflecting the
reconswacted improvements wore never recorded,
I am now in the process of selling Unit B and wish to record an accurate Map and Declaration.
The enclosed Plat meets the requirements of Section 26.88.070 of tha Land Use Code. As a
tcchaical clarification of an approved and existing use, it is our feeling that this can be approved by
the Director of Community Development after review by the staff sad referral agencies.
2•d wboa:SZ 66, 22 d3S
09/21/1998 23:12 415-928-7923
Mr. Chris Beadon
September 22,199E
Pap Two
AUDREY LEE CHURCHILL
0
PAGE 03
My closing on the We of Unit B IS scheduled %dr October 211 1999. 1 am hopeful that you can
accommodate this time constraint in your review aid 1 sin prepared to do whatever aeeeaeary to
complete this time line.
Thank you far your consideration.
Sinaesely your,
Audrcy Lee hill
E.d WbSZ:it 66, 22 d3S
NO.365 P.2/7
F;UG.26.1996 2:50FM STEWART TITLE ASPEN
0 SCHEDULE A
OrderNumber.- 00025246
1, Effective date.' August 06, 1998 at 7:30 A.M.
2. Policy or Policies to be issued:
(a) A.L. T.A. Owner's (Standard)
Proposed Insured;
DAVID C. LOCRNOOD AND MICHAEL R. PAXTON
(b) A.L. T.A. Mortgagee's (Standard)
Proposed Insured:
TO BE DETERMINED
(c) Leasehold
Proposed Insured.,
Amount of Insurance
$ 925,500.00
$ 598,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein Is
fee simple
4. TYrle to the fee simple estate or iruerest in said land is at the effective date hereof vested in:
AUDRSY LEE CHURCH= LIVING TRUST DATED SEPTEMBER 28, 1990, REVISED
AND RESTATED AS AUDREY LEE CHURCFIn•T• SEPARATE PROPERTY REVOCABLE TRUST
DATED NOVEMBER 8, 1994
S. The land referred to in this Comminnenr is described as follows:
See Attached Legal Description
STATEMENT OF CHARGES
These charges are due and payable before a
Policy can be issued
Owneza Premium $1,830.50
Xortgage Premium $ 50.00
Tax Certificate $ 12.00
MWART 777LE OF ASPEN, INC.
620 E. Hopkins, Aspen, Ca, 81611
Authoriz1d Vounrersig - P I
er Delany
AUG.26.1996 2:51PM STEWART TITLE ASPEN NO.365 P.7i7
• SCHEDULE A 0
Order Number: 00025246
LEGAL DESCRIP77ON
Condominium Unit 8, HOLLY GIBSON LOOP CONDOMINIONS, according to the
Condominium Naps thereof recorded May 31, 1978 in Plat Book 6 at Page 115 as
Reception No. 204433, and recorded May 3, 1979 in Plat Book 7 at Page 84 as
Reception No. 214151, and recorded May 28, 1980 in Plat Book 9 at Page 71 as
Reception No. 224280, and as defined and described in the Condominium
Declaration recorded May 31, 1978 in Book 348 at Page 792 as Reception No.
204432.
CO Nii OFF PiTA-LN, STATE OF COLORADO
AUG.26.1998 2:SOPM STJ$T TITLE ASPEN • N0.365 P.3i7
SCHEDULE B
Section 1
Order Number: 00025246
REQUIREMENTS
?hehollowing are the requirements to be complied with.
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured,
Irem (b) Proper instrumenr(s) creating the estate or interest to be insured must be exectued and duly filed for
record, to wit:
I. Release of Deed of Trust dated January 30. 1995; AUdcwy Lee
Churchill Living Trust dated September 28, 1990 Revised and Restated as Audrey
Lee Churchill Separate Property Revocab,2* Trust dared November 8, 1994, to the
Public Trustee of Pitkin County, to secure an indebtedness of $284,500.00, in
favor of Chase Manhattan personal Financial Services, a Division of Chase
Manhattan Mortgage Corporation, recorded January 31, 1996 as Reception No.
389551.
2. Good and Sufficient Amendment to the Condominium Map of record, and Amended and
Restated Condominium Declaration for the Molly Gibson Loop condominiums;
Stewart Title of Aspen, Inc. reserves the right to make additional requirements
and/or exceptions upon review of the executed above documents.
3. Deed, executed by all trustees of Audrey Lee Churchill Living Trust dated
September 28, 1990 Revised and Restated as Audrey Lee Churchill Separate
Property Revocable Trust dated November 8, 1994 conveying fee title to the
purchaser(s).
NOTE: Trust Affidavit relating to Audrey Lee Churchill Living Trust dated
September 28, 1990 Revised and Restated as Audrey Lee Churchill Separate
Property Revocable Trust dated November 8, 1994, recorded January 31, 1996 as
Reception No. 389348, discloses Audrey Lee Churchill as all trustees.
4. Evidence satisfactory to Stuart Title Guaranty Company, furnished by the
Office of the Director of Finance, City of Aspen, that the following taxes have
been paid, or that conveyance is exempt from said taxes.-
(1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20
(Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to
ordinance No. 13 (Series of 1990).
S. A. Certificate of non -foreign status, duly executed by the seller(s), pursuant
to Section 1445 of the Internal Revenue Code AND
B. Satisfactory evidence of the seller(s) Colorado residency (or
incorporation) pursuant to Colorado House Bill 92-1270.
NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax
from sales proceeds if the transferor (seller) is a foreign person or entity.
Colorado House Bill 92-1270 may require withholding of tax from sales proceeds
if the seller(s) is not a Colorado resident, Detailed information and Forms are
continued on next page
-1-
AUG.26.1998 2:50PM STVT TITLE ASPEN • NO.365 P.4/7
Continuation of Schedule B - Section 1
Order Number: 00025246
available from Stewart Title.
6. Certificate from the management group evidencing the tact that all Condominium
expenses have been paid pursuant to Paragraph No. * of the Condominium
Declaration.
-2-
AUG.26.1998 2:50PM S '' T TITLE ASPEN NO.365 P.5/7
SCHEDULE B .
Section 2
Order Number: 00025246
EXCEP77ONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company;
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, cot{fiicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. A.Y lip%�, Oi I lgfu t� r� Tien, , or services, labor or material heretofore or hereafter furnished, imposed by law
and not ,shown by the public records.
S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof. but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unparenred mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof, -
water rights claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. Any vein or lode of quartz or other rock in place, bearing gold, silver
cinnabar, lead, tin, copper or other valuable deposits claimed or known to
exist on March 23, 1885 as reserved by Patent recorded June 17, 1949 in Book
175 at Page 246 of the records for Pitkin County, Colorado.
9. Terms, conditions, obligations and restrictions as set forth in Certificate
of Exemption From The Definition of Subdivision recorded May 31, 1978 in Book
348 at Page 774 as Reception No. 204429.
10. Terms, conditions, obligations and restrictions as set forth in the
Condominium Declaration for Molly Gibson Loop Condominiums recorded May 31,
1978 in Book 348 at Page 792 as Reception No. 204432.
11. Easements for water and sewer utility purposes as set forth in Grant of
Easement recorded May 31, 1978 zn Book 348 at Page 805 as Reception No.
204434.
12. Baaements, conditions, restrictions and encroachments as set forth an the
Condominium Maps for !'lolly Gibson Loop Condominiums recorded May 31, 1978 in
Plat Book 6 at Page 115 as Reception No. 204433, and recorded May 3, 1979 in
Plat Book 7 at Page 84 as Reception No. 214251, and recorded May 28, 1980 in
Plat Book 9 at Page 71 as Reception No, 224280.
13. Terms, conditions, obligations and provisions of Sidewalk, Curb and Gutter
Improvement Agreement as set forth in ihatrument recorded August 15, 1994 in
Book 758 at Page SOS as Reception No. 373102.
Continued on next page
AUG.26.1998 2:51PM STE� TITLE ASPEN • N0.365 P.6i7
Continuation of Schedule e - Section 2
order Number: 00025246
NOTE: provided that Stewart Title of Aspen, Inc. records the documents of
conveyance in the proposed transaction the status of title will be updated from
the time of this commitment to the time of said recording. If said update
reveals intervening liens or changes in the status of said title appropriate
action(s) will be taken to disclose or eliminate said change prior to the ,
recording of said documents. If said update reveals no intervening liens or
changes in the status of title, Exception No. 5 above will be deleted.
NOTE: Policies issued -hereunder will be subject to the terms, conditions, and
exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form
Pn1irk jacket' _atti:.y .G+ w+ said L@tms, conditions and exclusions, will be
made available upon request.
JUL.10.1998 4:45PM ST RT TITLE ASPEN • NO.383 Pis
SCHEDULE A
Order Number; 00025070
Condominium Unit B, MOLLY GZBSON LOOP CONDONTNIUMS, aceordIng to the
Condominium Maps thereof recorded May 31, 1978 in Plat Book 6 at Page I15 as
Reception No. 204433, and recorded May 3, 1979 In Plat Book 7 at Page 84 as
Reception No. 214151, and recorded May 28, 1990 in Plat Book 9 at Page 71 as
Reception No. 224280, and as defined and described in the Condominium
Declaration recorded May 31, 1978 in Book J48 at Page 792 as Reception No.
204432.
COUYTY Or PITY -Tv,. QTaTr ^.�- CviJORAZIO
y
�J
ACCESSORY DWELLING UNIT DEED RESTRICTION
PURSUANT TO SECTION 5-510 OF TEE
ASPEN CITY LAND USE CODE
373870 B-760 P-524 09/06/94 09145A PG 1 OF 3 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 15.00
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and -r
entered into this 16th day of July, 1994, by Audrey Lee Churchill
("Coventor") for itself, its successors and assigns, for the
benefit of the City of Aspen, Colorado, a municipal corporation,
and the Aspen/Pitkin County Housing Authority, a multi -
jurisdictional housing authority established pursuant to the
AMENDED. AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book
605 at Page 751 of the records of the Pi +-k-4 ; C;,; r.ty C1Crk and
Recorder's office ("Authority").
MLEREAS, Coventor owns that parcel of real property located at
450 Riverside Avenue, in the City of Aspen, County: of Pitkin,
Colorado, more specifically described as:
Condominium Unit A, Molly Gibson Loop Condominiums, a Condominium, according to
the maps filed for record Irr the Office of the Clerk and Recorder of Pitkin County in Plat
Book 6 at Page 71, and as defined and described In the Condominium Declaration for
Molly Gibson Loop Condominiums recorded in such records at Book 348 at Page 792.
Which is situate a 3-bedroom residential unit, a two -bedroom
duplex, and an attached 450 square foot, one -bedroom accessory
dwelling unit ("Unit"); and
WHEREAS, Coventor agrees to accept and impose certain
conditions.on its use and occupancy of the Unit as an accessory
dwelling unit under the Aspen Municipal Code and as approved by the
City Planning and Zoning Commission on May 17, 1994.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained where, the Coventor hereby covenants and
agrees as follows
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
accordance with the guidelines as adopted and as may be
amended from time to time by- the Authority governing
"resident -occupied" dwelling units.
2. Coventor need not rent the Unit; however, when rented, only
qualified residents, as defined in the Housing Guidelines,
shall reside therein and all rental terms shall be fore a
period of not less than six (6) consecutive months. Coventor
shall maintain the right to select the qualified resident of
its own choosing when renting the Unit. An executed copy of
all leases for the Unit shall be submitted to the Authority
within ten (10) days of the approval of a qualified resident.
r,vY U..J lc• 1i rl-i r'sz-rco r14 .ki ll7 Vr
.t
Z73870 B-760 P—SE5 do/94 09s45A PG 2 OF .3 •
3. The covenants and limitations of this dead restriction shall
rwn with and be binding on the land for the benefit of the
City of Aspen and. the Authority, either of whom me yy enforce
the provisions thersof,throu h any proceedings at law or in
equity, including eviction of non -complying tenants.
4.. It is understood and agreed by the Coventor that no waiver of
a breach of any term or condition as contained in this deed
restriction shall be construed to ba a waiver of any breach of
the same or other tern or condition, ncr shall failure to
enforce any one of the terms or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
IN WITNI95 HEAZOF, Covontor has placed its duly authorised
signature hereto on the data an described above.
COVEN, TOR ;
Hyr
Audrey L f
Churchill
Mailing Address %/ % 7
4
California All -Purpose Acknowledgement
State of California ,
County of San Francisco
On 0 _7 / 1 ; / 94
4 /a
94//0�
befate me .......... ......Daniel Spencer---- --------- -- personally appeared
Vafe6i �_<< .0'rG t
proved to me on the basis of satla tctury etldence to be the ppcemon(s)'wbose name(s) /glare
subscribed to the withia inat:un=t aid acknowledged to = tbst Wshe/they B=utod tha sane in
hi&%er/their anthorized capsdty(W), and that by ki 4=1thdr sipaun:(s) on the inst=ent the penca(sL
or the entity upon behalf of which the penon(s) acted, executed the instttitt =L
WITNESS m and and ofTic!4 seal.
� OAMIEL SPELLER
conoQitss
pKtxl
�.� ate
E
a
J
.. 373870* B-760 P-526 AS/94 09145A PG 3 OF 3
�T. ACCEPTANCE BY THE HOUSING AUT80ATTY
The foregoing agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By:
David Myler, Chairman
Mailing Address:
530 East Main Street, Suite 001
Aspen, CO 81611
STATE OF COLORAnO )
as.
COUNTY OF PITKIN )
The,fgregoing instrument was acknowledged before me this
day of:��k5 19a, by David J . Myles..
WITNESS MY hand and official seal.
/n
My Commission expires: I "�; - ` •
(7r.,
\work\dr\church.��COLORroO
0
3
CERTIFICATE OF OCCUPANCY
ASPEN * PITKIN
COMIIMUWY DEVELOPMENT DEPARTMENT
THIS CERTIFICATE ISSUED PURSUANT TO THE
REQUIREMENTS OFSECT ON 307 OF THE 1988 EDITION
OF THE UNIFORM BUILDING CODE- IT CERTIf7ES THAT AT
THE Dry TE OF ISSUANCE, THE STRUCTURE AS DESCRIBED
BEL0W WAS IN COMPLIANCE WITH THE VARIOUS
RESOL UTIONS SAND ORDINANCES REG ULIATIN& B UILDING
CONSTR UCT70N AND USE IN THIS JURISDIC770N.
Use Classification: Single Family Residence
Building Permit: 4-345
Legal Description:
Building Address: 450 S. Riverside Ave.
Owner of Building: Audrey Lee Churchill
Owner Address: 450 S. Riverside Ave.
Group: R-1 /M-1 Type Construction: V-N
Use Zone: R-6
Description: 3,685 square feet including two
bedrooms. one full bath. one 3/4 bath, one kitchen, an
unfinished basement, and an attached two -car garage.
ADU: includes one kitchen and one full bath.
Comments & Restrictions:
_�Z V__1 _x� f
. C ief Building ffial Date
Note: In all occupancies, except R. this certificate must be posted
in a conspicuous place near the main exit on the premises for
which it is issued. Any alteration or use of these described
premises or portion thereof without the written approval of the
Building Official shall negate this C.O. and subject it to revocation.
INA
k1k at 4s25 P.M. May 31,1 Jalle Herne, Recorder
4*_1
Reception jZ044=
70-G/�✓�r�%�C9/CJ
• s :t n� 7 cA n ,}� tiA ZION
kdk
MOLLY GI)3SON IAOP` dOW%0HINIUMS
(A Condomini=)
KNOW ALL MEN BY 'r aESE I FT'31ENTS :
Wlis_.REAS, C. K. ."LAPX, hereinafter called *Declarant",
is the owner of the following described real property situates'
in the City of Aspen, County of Pitkin, State of Colorado,
to wit:
A parcel of land being all of hots 1, 2
and 3 and part of Lot 7 and 8; Block 8;
Riverside Addition to Aspen, Colorado.
Said parcel is more fully described as
follows:
Beginning at the Northwesterly corner of
said Lot 1; thence S 75009'11" E', 75.00
feet along the Northerly line of Lots 1,
2 and 3; thence S 14050'49" W, 150.00
feet along the Easterly line of said Lot
3 projected to the South line of Lot 8;
thence N 75009'11" W 75.00 feet along the
Southerly line of Lot 8; thence N 14 50'
49" E 150.00 feet along the Westerly line
of Lots 8, 7 and 1 to the point of begin-
ning.
WHEREAS, the above described property is presently
developed with the following improvements, to wit: A one-story
frame duplex house (the "Duplex"), containing a four bedroom,
two bath apartment and a three bedroom, two bath apart-ment; and
WHEREAS, Declarant desires to create a condominiim
project on said property under the Condominium Ownership Act
of the State of Colorado, and to establish thereby a plan for
the ownership in fee simple of real property estates consisting
of the area or space contained in e!ch of -ha "Tinits" as here-
inafter defined, and the ownership --y one 3r ,nrre of the indi-
vidual and separate owners thez4of, as tenants in common, of
all of the remaining real property hereinafter defined and
referred to as the "Common Elaments".
NOW, THEREFORE. Declarant to -is heret:y pub:-''-sh and
declare that the following terms. covetints, ccnditi... ease
-
men=s, uses, restrictions, limitations and obligations shall
be deemed to rui with the land, shall be a burden upon and a
benefit to Declarant, Declarant's heirs, pr_-sonal representa-
tives, successors and assigns and any persons accTliring or
owning an interest in t'ie real property and improve -tents, their
grantees, lessees, successors, heirs, executors, administrators,
devisees or assigns.
1. DEFINITIONS. Unless the context shall expressly
provide otherwise, the mellowing definitions shall apply:
(a) "Unit" means the individual air space container:
within the interior surfaces of the perimeter walls, floors,
ceilings, windows, doors and built-in fireplaces, if any, of
each of the apartments located in the Duplex situated on the
real property described above, together with all fi;ctures and
improvements therein contained, but not including -any of the
•
8 WE'M
structural components. ofA I biildinq, if any, Within a Unit
contained therein, which dniitf,4re shown on the Condominium
Map and identifieu thereon by the letters "A" and
(b) "Condominium Unit" means a Unit tocether with
the undivided interest,�--ia�onIInon £lem�rLt_ ap�_artenant to
such Unit.
(c) "Owner' means the person or persons or entity
or entities, including Declarant, who own fee simple title to
a Condominium Unit. The term Owner shall not include the owner
or owners of any lesser estate or interest.
(d) "Mortgage" means any mortgage, deed of trust,
or other security instrument by which a Condominium Unit or
any part thereof is encuribered.
(e) "Mortgagee" means any person or entity named
as the mortgagee or beneiiciary under any mortgage which en-
cumbers the interest of any owner.
(f) "Condominium Map" means the Condominium *Sap
for Mol'.y Gibson Loop Condominiums filed or to be filed in
the records in the office of the Clerk and Recorder of Pitkin
County, Colorado.
(g) "Common Elements" means: (i) all of the Real
Property; (ii) the foundations, columns, girders, beams,
supports, main walls, roofs and crawlspaces contained in each
of the wilding improvements which are the subject of this
Declaration, and the. "party wall' dividing Units A and B as
Shown on the Condominium Map; (iii) the installations in such
buildings consisting of the equipment and materials making up
the central services such as tanks, pumps, motors, fans, com-
pressors, ducts, poser, sewer, light, gas, hot and cold water,
:seating, ventilating and air conditioning and, in general,
all apparatus and installations existing for common use; and
(iv) all other pars of the Duplex Unit and of the above
described real property necessary or convenicnt to its exis-
tence, maintenance and safety or normally in common use.
(h) "General Cctmn Elements" means all Common
Elements except Limited Common Elements, as hereinafter defined.
(i) "Limited Common Elements" means any portion of
the Couetion Elements designated herein for the exclusive use
of the Owner or Owners: of a Condominium Unit or Units.
The portions .f Lots 1 and 2 and the porch attached
to Dnit A, all as designated on the Condominium Map, "L.C.F."
are hereby designated foi• the exclusive use of the Owner or
Owners of unit A. The portions of Lots 7 and 8 as designated
on the Condominiu,:.►iap, "L.C.E." are hereby designated for the
exclusive use of the 0ner or Owners of Unit B.
(j) 'Baal Property' mean s: A parcel of land being
all of Lots 1, 2 and 3 and part of Lot 7 and 8; Block 8;
Riverside Addition to Aspen, C-)lc•rad:). Said parcel is more
fully described as follows: Beginning at the Northwesterly
corner of said Lot 1; thence S 7°009'11" E, 75.00 feet along
the Northerly line of Lots 1, 2 and 3; thence S 14050'44" w,
150.00 feet along the Easterly line of said Lot 3 projected
to the South line cf Lot 8; thence N 75009'11" W 75.00 feet
along t,,e Southerly line of Lot 8; thence N 14050'49" E
150.00 feet along the Westerly line of Lots 8, 7 and 1 to the
point of begir.n.Lng.
(k) 'Project` laeZns the Real Property and all
2.
•
• 1,
�� , builds s,; and; Cher .:impraiisaeists . riow or hereafter located on
+Q-
th'e—easennents and appurtenances
belonging thereto.
(1) 'Managing Agent" morns the person or entity
which shall be selected and appointed -by the Owners of the
Condominium Units pursuzn E-oe- t-Twrag X a ptr1-2—
of this Declaration.
2. DIVISION INTO CONDOMINIUM UNITS. The Project
is hereby dividc.d into Condominium Units, each consisting of
a separate fee simple estate in a particular Unit and the
following described appurtenant undivided fee simple interests
in the Common Elements:
(a) Real Property Common Elements:
unit A 50$
Unit B Sol
(b) Duplex Common Elements:
Unit A 50.
Unit B 509,
Each owner shall own his appurtenant undivided interests in
the Common Elements as a tenant in common with the Owner or
Owners also owning an interest in.such Common Elements.
3. IN.S-ePARABILITY OF A LNIT. Each Unit and the un-
divided interests in the Common Elements appurtenant thereto
shall be inseparable and may be conveyed, leased, encumbered,
devised or inha rited only ar a Condominium Unit.
t. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed,
lease, mortgage, trust deed, will, of other instrument may
legally describe a Condominium Unit tiy.its identifying Unit
letter, followed by the words "Molly Gibson Loop Condominium"
:+ith further reference to the recorded Declaration and Man.
Every such description shall be deemed good and sufficient for
all purposes to sell, convey, transfer, encumber or otherwise
af.'_ect not only t,ha Unit but also the Gereral Common Elements
and the Limited Common Elements appurtenant thereto. Each such
description shall be construed to include the right to the use
of the Limited Common Elements appurtenant `hereto to the
exclusion of all third partiez not lawfully entitled to use
the same.
5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO
ASSESSOR. Declarant shall give written notice to the assessor
of--PTtkin County, Colorado, of the creation of condominium
ownership of this property, as is provided by law, so that
each Unit and the interests appurtenant thereto shall be deemed
a separate parcel and subject to separate assessment and taxa-
tion.
6. TITLE. A Condominium Unit may be held and owned
by more than one person as joint tenants or as tenants in
common, or in any real property tenancy relationship recognized
under the laws of Colorado.
NONPARTITIONABILITY OF COMMON ELEMENTS. The
Common Elements all be owned in common by the Owners as
hereinabove provided, and there s:311 be no judicial or other
partition of the Common�lements or any part thereof, nor shall
any Omer bring any action seeking partition thereof.
3.
3V M, c; 795
8. .USEOF @I AND LIMITED
COMMON ELE6TENTS.
s ;�s `t °Lach' Oaiier hall he : ent_l � us ve cvnersp and posses-
sion of his Unit. Each Ormer may laze the General and Limited
Common Elements in accordance with the purpose for which they
are intended, without hindering or encroaching upon the law-
ful rights of the other Owners.
9. USE AND OCCUPANCY. Each Condominium Unit shall
be used and occupied for residential purposes only, and except
as provided in this Paragraph, no trade or business of any
kind may be carried on therein. Lease or rental of a Condo-
minium ^:pit fo:• lodging or residential purposes shall not be
considered to be a violation of this covenant.
10. EASEMENTS FOR ENCROACHMENTS. If any portion of
the Com,non Elements now or '�reafter encroaches upon a Unit,
a valid easement for the encroachment and for the maintenance
of same, so long as it s,.-nds, shall and does exist. If any
portion of a Unit now or hereafter encroaches upon the Common
Elements or upon an adjoining Unit, a valid easement for the
encroachment and for the maintenance of same, so long as it
stands, shall and does exist. For title or other purposes,
such encroachment and easements shall not be considered or
determined to be encumbrances either on Common Elements or the
Units.
11. TERMINATION OF MECF..ANIC'S LIEN RIGHTS AND
INDEMIFICATICN. No labor performed or materials furnished
and incorporatedl in a Unit with t:he consent or at the request
of the Owner tha;,aof or his agent: or his contractor or subcon-
tractor shall he the basis for the filing of a lien against
the Unit of any other Owner not expressly consenting to cr
requesting the same, or against the interests in the Cor..:non
Elements owned by such other Owners. Fach Owner shall indemnify
and hold harmless each of the other Owners from and against
all liability arising from the claim of any lien against the
Unit of any other Owner or against the Common Elements for
construction performed or for labor, materials, services, or
other products incorporated in or otherwise attributable to
the Owner's Unit at such Owner's request.
12. _ADMINISTRATION AND MANAGE.TENT. Each Owner shall
manage his own Unit, unless the Owners of Units A and 3 agree
upon the appointment of a Managing Agent tc administer both
such Units. Notices of Appointment of the Managing Agent by
the Owners of Units A and B hereunder shall be placed of record
by the Manager insofar as required by law or practice. Until
changed by the Owners of Units A and B, the initial Managing
Agent of such Units shall be C. M. CLARK.
13. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR
AND EMERGENCIES. The Owners shall have the irrevocable right
to have access to each Unit from time to time during reason-
able hours as m.ay be necessary for the inspection, maintenance,
repair or replacement of any of the General Common Elements
thereon or accessible therefrom or for making emergency repairs
therein necessary to prevent damage rQ the General or Limited
Common Elements or to another Unit or Units.
Damage to the anterior of any part of a Unit res::lting
from maintenance, repair, emergency repair or replacement of
any of the General Common Elements or as a result of emergency
repairs within a Unit at the instance of another Unit Owner
shall be a Common Expense of all of the Owners of Units having
an interest in such General Common Elements; provided, however,
[9
+ oK348 m:796
€ daaags=.�e�salt.;of the ne ,ligence of a Unit
..,�ticfr Unt Owr�.ii�all .h'i respon tole for all of
such. damage.
li. OWNERS' MAINTENANCE RESPCNSIBXITY. F purposes
oi,.maintenance, repair, alteration -and-r a��lin , - _ 'ner _
shall be deemed to own and to be responsi le`)nr a exterior
surfaces of such owner's Unit and the Lim.+.ted on Elements
ssigtied'thgreto, and the windows, doors, int on rwindows,supporting
.walls :rsterials, ceilings and flours w.thin.the Unit. An
,-qne ,-.all not be deemed to own any ;:tiilcies running through
h',:i Dr -it which serve more than one Un t except as a tenant in
c(-i-,mon with the adjoining Unit Owner. Such obligation and/or
right to repair, alter and remodel Shall carry the obligation
to replace any finishing materials rsmoved with similar or
other types cr kinds of finishing materials of equal or better
quality, and to maintain the Litr;.ted Common Elements in a neat
and clean condition. Any material alteration, remodeling or
refinishing of Units A or B s:iall require the prior mutual
consent and approval of the Owners of both of said Units.
An Owner shall maintain and keep the interior of his
own Unit and the Limited Common Elements appurtenant thereto
�n good taste and repair, including the fixtures thereof. All
rixtures and equipment installed within the Unit commencing
at a point where t'.te utility lines, pipes, wires, conduits or
systems (which fcr brevity are hereafter referred to as
"utilities") en'.er the Unit shall be maintained and kept in
repair by the I.Nner thereof.
15, COKPLIANCE WITH PROVISIONS OF DECLARATION. Each
Owner shall comply strictly with the provisions of this
Declaration as the same may be lawfully amended from time to
time. Failure so to comply shall be grounds for an action
to recjver sums due and for damages or injunctive relief or
both, maintainable by the Managing Agent (where appropriate)
or }:y an aggrieved Owner or Owners.
16. REVOCATION OR AMENDMENT TO DECLARATION. This
Declaration shall not be revoked nor shall any of the provi-
sions herein be am- nded unless the Owners of both Units, and
all of the holders of any recorded Mortgage or deed of trust
covering or affecting any or all Condominium Units consent
and agree to such revocation or amendment by instrument(s)
which shall be duly recorded.
17. ASSESSMENT FOR U1,11TS A AND B COMMON EXPENSES.
The Owners of Units A an8 shall be obligated to pay the
assessments imncaed by the Managing Agent to meet the Common
Expenses incurred in connection with such Units. Except for
Limited common Elements liability insurance premiums, the
assessments shall be made pro rata according to each Owner's
fractional ii.terest in and to the Dupl x Common Elements.
Assessments fir the estimated Common Expenses, including all
insurance except the aforesaid liability, sh::il be due
quarterly in advance on the first days of January, April,
July and October. The Managing Agent or other Owner incurring
the cost shall prepare and c:el'_ver or mail to each Owner an
itemized statement showing tha various esti:n.3ted or actual
exrenses for which the assessments are made. Contribution
for quarterly assessments shall be prorated if the ownership
of a Condominium Unit cormences on a day other than the first
day of a calendar quart r.
Assessments for reasonable actual Common Expenses
5.
R
•
W348 mcur797
may bis.made,,=by tiia.;:!ass.:>iii$�gent, .or an owner incurring the
samae, among' otheir thWji;�'>�r .nw--following: Expenses of
management; taxes and special asses»r—ents, until separat�aly
assessed; fixe insurance with extended coverage and vandalism
and mal.iciou:i rd schief insurance with endorsements attached
issued in the amount of the maximum replacement value of Units
A and B; casualty and other- �pr-cn+. ums,,--land-scap"g and care of General Common Elements, common electrical, water, ga
and sewer charges unless and until any or all of the above are
separately mitered; repairs and renovations; garbage co'Llec-
tions; wages- legal and accounting fees; management fees;
expenses and liabilities incurred by the Managing Agent or
other Owne. under or by reason of this Declaration; the payment
of any deficit remaining from a previous period; the creation
of a reasonable co-,�ingency or other reserve or surplus fund
as well as other costs and expenses =elating to the appurten-
a. r Cc=,t-. E »nt^ �.L _ ,
vu�a obi vu Vi iG111�11C VL LRe :-ianaylny
Agent to fix the assessment for any quarter shall not be deemed
a waiver, modification or a release of the subject Owners from
their obligation to pay.
18. INSURANCE. One policy of public liability in!-'.lr-
ance covering all of the General Common Elements shall be
purchased and maintained in effect at all times by the 01:ners
of all of the Condominium Un.:ts, in an amount deemed ar,)ropr'.ate
by such Owners, and the cost thereof shall be snared ln�accor-
dance with such owners' respective undivided interests ;-i the
Real Property Common Elements. Fire, casualty and. cixter,ded
coverage insurance.,_ on the other hand, shal'L tie the sole respon-
sibility of the Owners of Units A and B (or t!ie Managing Agent
as above provided) with respect to Units A and B. Insure^c^
coverage on the furnishings, additions and improvements inc•�,r-
porated into a Unit and all items of personal property belonging
to an Owner,.and casualty and public liability insurance cove�.'-
age within each undivided Unit and those Limited Common Elemf;rits
reserved for the exclusive use of a particular Uni;. Owner shall
be the sole responsibility of the Owner thereof.
19. OWiS'c RS' P ,R_ , AL OFi;,IGATZO".1 FJ:< PAYMENT OF
ASSESSMENT',. The amount of the Common Expenses assessed against
Qr incurred on account of Condominium tin?_ts A or B shall be the
personal rund individual debt of the Owner thereof. Suit to
recover a money judgment for unpaid Common Expenses shall be
maintainable by the Managing Agent, or any aggrieved Owner
without foreclosure or waiving the lien securing same. No
Owner may exempt himself from liability for his contribution
tdaardr; the Common Expenses by waiver of the use or enjoyment
of any' of the Cc=, -,on Elements or by abandoniaent of his Unit.
20. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums
due or unpaid for the share of Common Expenses chargeable to
Condominium Units A or B, including interest thereon at: eight
percent per ar,num, shall constitute a lien on such Unit superior
(prior) to all other liens and encuml;rances except:
(a, Tax and special assessment liens oa the Unit
in favor of any assessing entity; and
(b) All sums unpaid or. a first mortga(le or first
deed of trust of record, 'nt:iudirj all unpaid ctligatory sums
as may be provided by sl:ch encumbrance, including additional
advanceu, refinance or extension of these obligations made
thereon prior to the arising of such a lien.
To evidence such lien the aggrieved Owner or Managing
6.
'��}••, if
&K348 ?98
r�cF
� r , . ..• { � ., y .alt'�'w.�s_ � -a written
wY�rM �i lygaYba� l7r�dY to, 'prepare
„ ! •,,�:a4'Y � f no i2ai use tilt ��ftif'th':t2fe" V such unpaid indebtedness,
.the name of the cei.;nitinq"Owue'= of •'the Condominium Unit and
a doscription of the Condominium Urit. Such a notice shall
be signed by the aggrieved'c7.+ner or the Managing Agent, as
apprc.1iriatn, anYd 3Ray be _recorded izh4 cLftice of th;- Clerk
and Recorder of the County of Pitkin, State of Colorado. Such
lien f,7-: the 7oimnon Expenses shall attach from the date of
the failure of payiv.ht of the debt, and mar be enforced by
foreclosure on the defaulting Owner's Condominium Unit by the
i aggrieved owner or the Managing Agent in like manner as a
mortgage or deed of trust on real property upon recording of
a notice of claim thereof. In anv such foreclosure the de-
faulting Owner shall be reTaired to pay the costs and expenses
of such proceedings, the costs and expenses for filing the
!,L notice or claim of li--n and all reasonable attorneys' fees.
"= Th^ d::F3:.lt:r.y — a.er s;iall also Le r.equired to pay to the
foreclosing party a reasonable rental for the Condominium Unit
during the period of foreclosure, and the foreclosing party
shall be entitled to a receiver to .ollect the same. The
F%3 foreclosing party shall have the power to bid in the Condominium
Unit at foreclosure Sale and to acquire and hold, lease, mort-
gage and convey the same.
The amount of the Comnion Expenses chargeable against
Condominium Unitu A or B and the costs and expenses, including
attorneys' fees, of collecting the same shall also be a debt
of the Owner thereof at the time the same is due. Suit to
recover a money judgment for unpaid Comrtion Expenses shall be
maintainable without foreclosing or waiving the lien securing
same.
'�;•;,.
Any encumbrancer holding'a lien on Condominium Units
A or B may pay any unpaid Common Expense payable with respet:t
to such Unit, and upon such payment such encumbrancer shall
have a lien on such Unit for the amounts paid of the same
priority as the lien of his encumbrance.
21. LIABILITY FOR COWION EXPENSE UPON TP.AVSFER OF
CONWMINIUM UNIT. Upon payment o a reasonable fee not to
exceed ten dollars and upon -.he r: ri tten request of. any Owner
or any Mortgagee or prospective :iortgagee of Condominium Units
A or B, the Managing Agent or the Owner of the other Duplex
Unit shall issue a written statemenc set'-ing forth the amount
of the unpaid Common Expenses, if any, with respect to the
subject Unit, the amount of the ::urre::t quarterly assessment
and the date such asse3s:ment becomes ::ue, credit for advance
payments or for prepaid 'tern: iriclud,ng but not limited to in-
surance premiums, which s.ia_'� be conclzaive upon -:he issuer
of such statement in favor al.' persons who relv thereon in
good faith. Unless such rec,uest for a statement of indebted-
ness is complied Kit}& ten days, ill unpaid Common
Expenses which be_c-m,P- due pr: or to the- lat ! or-- making such re-
dusst shall be subordinate to ih-& lier_ of .he person rec,uesting
such statement.
The grantee of a Unit shal•1 be jointly and .severally
liable with the grantor for all unpaid assessments against
the latter for his prop.3rtionate share of the Cotz on Expenses
up to the time of the grant or conveyance, without prejudice
to the grantee's right to recover from the grantor the amounts
paid by the grantee therefor; provided, however, that upon pay-
ment of a reasonable fee not to exceed ten dollars, and upon
written request, any prospective grantee shall be entitled to
0 enNWE 799
a statement from the Manag3' q;'}J►ga+nt or Owner of the other
Duplex .Unit*.;aettinq:�lo ��h�l ��mow�t of the unpaid asuess-
ments, if any, ws.t'h respect- o':the subject Unit, the amount
of the current quarterly assessment and the date that such
assessment becomes due, credit for ad,rance payments or for
prepaid items, including but not limited to insurance prem'_ums,
which shall be conel.usive-vpc:r-trio-izzuer-vt�uctr�taYe:nen�:------
Unless such request for a stat,7ment of indebtedness sho.'?. he
complied with within ten days of such regtius*, then such
grante, shill not be liable for., nor shall the Unit conveyed
be subjE,t to a lien for, any 'unpaid assessments egainst the
subject bi•i.t.
'1.2.\\ MORTGAGE:^• A CONDOMINIU.i UNIT - 'RIORITY. Any
Owner shall ha•e the r ght from L we to time to mortgage or
encumber his interest by deed of trust, mortgage or cater
security instrume,.t. A first mortgage shall be one which
has first and param.unc priority under applicable law. The
Owner of a Condominiu..-_Unit m&y create junior r„urtgages on
the following condition:.• (I.) Any such junior morr.gages
shall always be subordinat.- to all of the terms, conditions,
covenants, restrictions, use:.1144miitations, obligations, lien
for common expenses, and othe obil:r_ions created by this
Declaration; (2) The Mnrtgagee• under any junior mortgage
shall release, for the purposs of restoration of any improve-
ments upon the mortgage p:cemise:u, all of his right, title and
interest in and to the proceeds under all insurance policies
upon sai6 premises which insurance policies were effected.and
placed upon the mortgaged premises by the :Managing Agent or
other Owners. Such ralease n.:na_l be furnished forthw?-h by a
junior mL;rtgigee upon written request of the Managing Agent
or Owners of the other Unit.
23. ATTORNEY -IN -FACT 1N CASE OF DESTRUCTION, REPAIR
OR OBSOLESCENCE. This Declaration hereby makes mandatory the
rr.zevocable appointment of an Attorney -in -Fact to deal with
c:-ndomi.nium Units A and B upon their destruction, repair or
c:);alescence.
Title to both of such Condominium Units is declared
and expressly made subj(:ct to the terms and conditions hereof,
and acceptance by any g:,.antee of a deed from the Declarant
or from any Owner shall constitute appointment of the Attorney -
in -Fact herein provided. All of the Unit A and B Owners ir-
revocably constitute and appoint the Managing Agent, from time
to time appo+.nted pursuant to this Declaration, their true
and lawl:ul attorney in their name, place and stead for the
purF)se of dealing with the prope.-ty•upo: its destruction, re-
pair or obsolescence as is hereafter provided. Said Attorney -
in -Fact shall have full and Complete authorization, right and
power to make, execute and deliver any contract, deed or any
)trier instrxment with respect to the interest of a Condominium
Un,'L Owner which are necessary cr appropriate to the exercise
oC the powers herein granted. Repair and reconstruction of
the improvements si used in the succeeding subparagraphs
means restoring the improvements to substantially the same
condition in which they existed prier to the damage, with
each Unit and the General and Limited Common Elements appurten-
ant thereto having the same vertical and horizontal boundaries
as before. The proceeds of any insurance collected shall be
available to the Attorney -in -Fact for the purpose of repair,
restoration or replacement unless the Owners of Units A and
B and all first mortgagees thereun agrer not to rebuild in
accordanrt- k.'.1th the provisions se`.. fua:th hereinafter.
8.
(a) in the..event�'of damage or descrution due to
y.fire or other -dieter, _- tnrance proceeds,' if sufficient
to reconstruct the improvements, shall be applied by ttce
Attc.Tneys-in-Fact to suer reconstruction, and the improvements
shall be promptly repaired and reconstructed. The Attornay-
in-Fact shall have full authority, -right and poorer, as Attorney -
in -Fact, to cause storat-'Vrrtine lII4Tt�ms.
(b) If the insurance proceeds sre invufficient to
repair and reconstruct the improvements, such damage or
destruction shall be promptly repaired and reconstructed by
the Attorney-+n-Fact, v.;inq the proceeds of insurance and t?.e
proceeds of an assessment to be made against all of the Unit
A and b Owners and their Condomin-rum Units. Such deficiency
assessments shall tie a Common Expenae and made pro rats ac-
cording to each Owr.er's fractional interest in the Duplex
common Elements, ar:d shall be due and payable within thirty
days after written notice thereof. The Attorney -in -Fact shall
have the authority to cause the repair or restoration of the
improvements using all of the insurance proceeds for such
purpose hots ithstan i;ng the failure of s-r Owner to pay the
assessment. The assessment provided for herein shall be s
debt of each Owner find a lien on his Condominium Ul:it and may
be enforced and collected as is provided in Paragr,iph 20. In
addition thereto, tie Attorney -in -Fact shall have the absolute
right and paper to sell the Condominium Unit of any Owner
refusing or --ailing to pay such deficiency assessment within
the time pro,.;ded, and if not so paid, the Attorney -in -Fact
shall cause :.D !De :recorded a notice that the Condominium Unit
of th.i delinquent Owner shall be sold by the ,Attorney-in-Fac`.
The proceeds derived from the sale of such Condominium Unit
shall be usad and disbursed by the'Attorney-in-Fact, in the
follc.ring :=der:
(1) :or payment of the -balance of =he lien of any
first mortgage;
(2) For payment of taxes and special assessment
liens in favor of any assessing en-_ity;
(3) For payment of unpaid Common E;:penst!s;
(4) For -_-ayment of junior liens and a :c i brances
in ke order of and. to the ex:cf their
ri cy; an.; .
(5) The balance remaining, if any, shall be paid
to the CorAcrainium Unit Owner.
(c) The Owner of (-,ze of such Units may give notice
to the other Unit Owner.; :ha` Units A and B are obsolete and
that the same saeuld be renewed or reconstructed. If both
;)rners agree,then the es.pense thereof shall be payable by
to th of the Owners as Conaaon Expenses; provided, however, that
any Caner not in agreement to suer renewal or construction may
give written rotica to the Attorn_y-in-Fact that such Unit
shall be purchased by the Attorney in -Fact for the fair narke-
value thereof. If such Owner and the Attorney -in -Fact can
agree on thi fair market value thereof, then such sale shall
be consu:--unated within thirty days thereafter. if the parties
are unable to agree, t.ie date when either party notifies the
other chat he or it is unable to agree with the other shall be
the oramencing date" from which all periods of time mentioned
herein shall be measured. Within ten days follow'_ny t;-a
9.
yam..
e" 348 w 8Oi
commencing date, each _part;y,shall norainatts in writing, and
give notice of. sucri,nowii�Fals the other party, an appraiser
s who shall be a duly'qualitled,appraiser or a realtor and be
qualified to make appraisals of condominium and similar prop-
erty in Pitkin County, Colorado. If either party fails to
make such a nomination, the appraiser nominated shall, within
five days after defa_ul.t bytht_�ther party, appoint and _as- _
sociate with him another similarly qualified appraiser.
the two appraisers designated by the parties, or selected
pursuant hereto in the event of the default of one party, are
unable to agree, they shall appoint another similarly qualified
appraiser to be arbitrator between them. The decision of the
appraisers as to the fair market value shall be final and
binding. The expenses and fees of Ruch appraisers shall be
borne PQUA11v by the art:. in -Fact rd the
shall be consummated within fifteen days thereafter, and the
Attorney -in -Fact shall disburse such proceeds as is provided
in subparag.aph (b)(1) through (5) of this paragraph.
(d) Owners of both Units may agree that Units A
and B are obsolete and that the sane should be sold. Such
agreement must have the unanimous approval of every Mortgagee.
In such instance, the P.ttorney-in-Fact shall forthwith record
a notice setting forth such fact or facts, and upon the re-
cording of such notice by the Attorney -in -Fact, Condominium
Units A and B shall be sold by the Attorney -in -Fact for both
of the Owners, subject to all of the provisions contained in
this Declaration and the Map. Phe sales proceeds shall be
apportioned among the affected Owners on the basis of each
Owner's fractional interest in the Duplex Common Elements, and
such apportioned proceeds shall be paid into separate accounts
representing each such Condominium Unit. Each such account
shall be in the name of the Attorney -in -Fact, and stall be
further identified by the letter of the Unit and the name of
the Owner. Yrom ea:h separate account, the Attorney-in-Fa_t
shall use and disburse the total amount of such accounts,
without contrihution from one account to another, for the
same purposes and in the same order as provided in subparagraph
(b)Ll) through (5) of this paragraph.
24. P.TTUk'TEY-IN- FACT IN Ct,SE OF CONDEkNATION. '2h:s
Declaration hereby ma1:s mar.c:atory the irrevocable appoint-
ment oL ar. torne- `n-Fact to deal with the Project in the
event of its comi:i�,te or partial condeTwjn :._on. Title to all
of the Condominium 'snits is declared and expressly made sub-
ject to the terr:s and condition- hereof, and acceptance by
any grantee of a deed from the Declarant, or frcxl any Owner
shall constitute appointment of the Attorney -in -Fact herein
provided. Declarant hereby appoints C. M. CLARK his true and
lawful attorney in his name, place and stead for the purpose
of dealing with the Project upon its condemnation as is here-
inafter provided. Said Attorney -in -Fact may be changed at
any time by t',e Owners having a najority of the percentage
interests in the Real Property �.ommon Elements, such change
only to be effective upon the recording of a notice designating
the new A .'.orney-in-Fact under this Paragraph 24 in the Pitkin
County, Colorado, real property records. Said Attorney-i_n-
Fact shall have full and complete authorization, right and
power to make, execute and deliver any cont.-act, deed or
other i�tstr anent Witn respect to' the interest of a Condominium
Unit Owner ihic.l are necessary or appropriate to the exercise
of the powers herein granted.
(a) Consequences of Condemnation. I£ at any time:
10.
048 ?AaW
7 �
" or, toes -during the contiiauanee. of . the Condominium Ownership
ptitt�nan��y,thietDeclaraefolSlL.or any part of .the Project
shall be taken or condemned by -any public authority or sold
or otherwise disposed of in lieu of or in avoidance thereof,
the following provisions shall apply.
(1) Proceeds-—All__campt.nsati_ono damages nr
other proceed—s tFierefrom, the sum of which is here-
inafter called the "Condemnation. Award," shall be
payable to the Attorney -in -Fact.
(2) Complete Taking. In the ev.ant that the
entire Proj ct is taken or condemned, or sold or
otherwise disposed of in lieu of or In avoidance
thereof, the Condominium ownership pursuant thereto
shall_ harming*_mhc C.^.ndar.:`f a3 .. .a Vl1 kwr
:+M .au shall UC
apportioned among the Owners on the basis of each
Owner's fractional interest in the Real Property
Common Elements, provided that if a standard dif-
ferent from the value of the property as a whole
is employed to measure the Condemnation Award in
the negotiation, judicial decree, or or_henaise,
then in determining such shares the: same standard
shall be e..aployed to the extent it is relevant
and applicable.
On the basis of the principal set forth in
the last preceding subparagraph, the Attorney-i.n-
Fact shall as soon as practicable determine the
share of the Condemnation Award to which each
Owner is entitled. ruch'shares shall be paid into
Separate accounts and disbursf_d as soon as practi-
cable in the same manner provided in Paragraph
23(d).
(3) Partial Taking. In the event that less
than the entire Project is taken or condemned, or
sold cr otherwise disposed of in lieu of or in
avoidance thereof, the Cc.ndcminium Ownership here-
undar shall not termir.at Each Dmer shall be
entitled to a share of the Condemnation Award to
be determined in the following manner: As soon as
practicable the Attorney -in -Fact shall, reasonably
and in good faith, allocate the Condemnation Award
between compensation, damages or other proceeds,
and shall apportion the amounts so allocated among
the Owners, as follows: (a) the total amount
allocated to taking of or injury to .he General
Common Elements, (b) the total amount allocated to
severance damages shall be apportioned to those
Coi.domin:ium Units which were not taken or condemned,
(c) the respective amounts allocated to the taking
of or injury to a particular Unit anal/or improv=-
ments an Owner had :Wade within his . -wn Unit shall
be apportioned to the particular Unit involveu, and
(d) the total amount allocated to consequential
damages and any other to"sings of injuries shall
':e apportioned as the A:rorney-in-Fact determines
to be equitable in the circumstances. If an alloca-
tion of the Condemnation Award ii already established
in negotiation, -judicial decree or otherwise, then
in allocat:.ng the Condemnation Award the Attorney-
:.n-Fact shall employ such allccarion to the extent
.'.t is relevant and applicable. Distribution of
11.
Exx348 ma 8W
apportronod proceeds:shall be disbursed as soon
,.
'�is';practic:abl-+the provided rovided in Para-
.,.
araph 23(di.
(4) Reorganization. In the event a partial
taking results in the taking of a complete Unit,
—
the Owner thereof xj,t__matica11)t =.hat ti c eP&3e_to bg ---
an Owner under this Declaration.
(5) Reconstruction and Repair. An- recon-
struction and repair necessitated by condemnation
shall be governed by the procedures specified in
Paragraph 23 hereof, in which case such paragraph
shall be constrxied to apply to both Condominium
Units.
25. MAILING OF NOTICES. Each Owner shall register
hi-- mailing address with the other Owner and 11 --ioticas or
demands intended to be served upon any Owner ::hall be sent
by either registered or certified mail, postage ?repaid, ad-
dressed in the name of the Owner at such registered mailing
address. All notices or demands intended to be served upon
the Owners shall be given by registered or certified mail,
postage prepaid, to the registered address thereof. All
notices or demands to be served on Mortgagees ;pursuant hereto
shall be sent by either registered or certifi e:, mail, postage
prepaid, addressed in the name of the Mortgagee at such ad-
dress as the Mortgagee may have furnished to the Owners in
writing. Unless the Mortgagee so furnishes such address, the
Mortgagee shall be entitled to receive none hf the notices
provided for in this Declaration. Any notice referred to
in this Section Fhall be deemed given when deposited in the
United States mail in the form provided for in this Section.
26. PERIOD OF CONDOMINIUM OWNERSHIP. This separate
condominium estates created by this Declaration and the
Condominiuun Map shall containue until. this Declaration is
revoked in the manner and as is provided in Paragraph 16
of this Declaration or until terminated in the manner and as
is provided in Paragraph 24 of this Declaration.
27. GENERAL.
(a) If any of the provisions of this Declare-
:'
tion or any paragraph, sentence, clause, phrase or
word or the application thereof in any circumstances
be invalidated, such invalidity shall not affect the
validity of the remainder of this Declaration.
(b) The provisions of this Declaration shall
'
be in addition and supplomental to the Condominium
-
Ownership Act of the f-it: :e of t olorado and to all
other provisions of 1 1..
(c) Wh.:never us,rd herein, unless the context
')
shall otherwise provide, the singular number shall
tJ
include the plural, the plural the singular, and
_
the use of any gender shall include all genders.
12.
WIT
WOO
Z& "tat -
STATE OF COLORADO
33.
County of Pitkin
has duly executed
1978.
d.
Thp foregoing instrument was acknowledged before
me this 07(,OCX day of 1978, by the Declarant,
C. M. CLARK.
WITNESS my hand and official seal.
y
My commission expires:
.................
43
P
%L
qj
A
13.
P
0
AMENDED AND RESTATED
CONDOMINIUM DECLARATION
FOR
MOLLY GIBSON LOOP CONDOMINIUMS
Name of the Common Interest Community: Molly Gibson Loop Condominiums
Name of the Association: Molly Gibson Loop Condominium Association
Persons executing the Declaration: Audrey Lee Churchill
Legal Description of Property:
A parcel of land being all of Lots 1, 2 and 3 and part of Lot 7
and 8; Block 8; Riverside Addition to Aspen, Colorado. Said
parcel is more fully described as follows:
Beginning at the Northwesterly corner of said Lot 1; thence S
75 009'11" E, 75.00 feet along the Northerly line of Lots 1, 2
and 3; thence S 14050'49" W, 150.00 feet along the Easterly
line of said Lot 3 projected to the South line of Lot 8; thence N
75009' 11" W 75.00 feet along the Southerly line of Lot 8;
thence N 14150'49" E 150.00 feet along the Westerly line of
Lots 8, 7 and 1 to the point of beginning.
AMENDED AND RESTATED
CONDOMINIUM DECLARATION
OF
MOLLY GIBSON LOOP CONDOMINIUMS
THIS DECLARATION is made as of , 1998, by Audrey
Lee Churchill (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"): Condominium Units A and B, Molly Gibson Loop Condominiums, according to the
Condominium Map thereof filed for record in Plat Book G at Page 115, Plat Book 7 at Page 84 and
Plat Book 9 at Page 71 of the records of Pitkin County, Colorado, together with all of the common
elements thereof, all as more fully described as:
A parcel of land being all of Lots 1, 2 and 3 and part of Lot 7
and 8; Block 8; Riverside Addition to Aspen, Colorado. Said
parcel is more fully described as follows:
Beginning at the Northwesterly corner of said Lot 1; thence S
75009' 11" E, 75.00 feet along the Northerly line of Lots 1, 2
and 3; thence S 14150'49" W, 150.00 feet along the Easterly
line of said Lot 3 projected to the South line of Lot 8; thence N
75009' 11" W 75.00 feet along the Southerly line of Lot 8;
thence N 14150'49" E 150.00 feet along the Westerly line of
Lots 8, 7 and 1 to the point of beginning.
B. There was recorded in Book 348 at Page 792 of the records of Pitkin County,
Colorado a Condominium Declaration for Molly Gibson Loop Condominiums.
C. Declarant wishes to amend and restate the Condominium Declaration for Molly
Gibson Loop Condominiums to create and confirm a Condominium Common Interest Community in
which portions of the Real Property are designated for separate ownership and the remainder of which
is designated for common ownership solely by the Owners of the separate ownership portions.
THEREFORE, Declarant states as follows:
-1-
ARTICLE 1
EXISTING DECLARATION
REVOCATION OF A SUBMISSION; DEFINED TERMS
Section 1.1. Execution Declaration. Declarant hereto rescinds and revokes the recorded
Condominium Declaration for Molly Gibson Loop Condominiums in its entity and replaces the same
with this Declaration.
Section 1.2. Submission of Real Property. Declarant hereby declares that all of the
Real Property is hereby made subject to the following easements, restrictions, covenants and conditions
which shall run with the Real Property and be binding on 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 hereby submits the Real Property to the
provisions of the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq. , as
amended from time to time (the "Act"). In the event the Act is repealed, the Act as existing
immediately prior to its repeal shall remain applicable.
Section 1.3. Defined Terms. Each capitalized term not otherwise defined in this
Declaration or on the Amended Plat of the Molly Gibson Loop Condominiums of record (the "Plat")
and used herein or on the Plat shall have the meanings specified or used in the Act.
ARTICLE 2
NAMES; DESCRIPTION OF REAL PROPERTY
Section 2.1. Name .
(a) Common Interest Community. The name of the Common Interest
Community shall be Molly Gibson Loop Condominiums (the "Condominium" or "Common Interest
Community").
(b) Association. The name of the Association is the Molly Gibson Loop
Condominium Association, an unincorporated association.
ARTICLE 3
THE ASSOCIATION
Section 3.1. Authori . The business affairs of the Condominium shall be managed
by the Association.
Section 3.2. Member Groups. The Association shall have two (2) member groups,
the Unit A Member Group which is attached to Unit A and the Unit B Member Group which is
attached to Unit B. Membership in a group shall be automatic on the part of any individual(s) or
-2-
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.
Section 3.3. Power . The Association shall have all of the powers, authority, duties,
rights and benefits permitted to an unincorporated association pursuant to the Act. 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 A Member Group and its Unit B
Member Group, and neither member group acting alone shall have the power to act for or bind the
Association.
Section 3.4. Executive Board. Except as otherwise provided in this Declaration or as
required by the Act, the Association shall act through its Executive Board. The Executive Board will
consist of two (2) Executive Board Members. The Unit A Member Group and the Unit B 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 below.
Section 3.5. Notice to Owners. Any notice to an Owner of matters affecting the
Condominium by the Association or by another Owner shall be sufficiently given if such notice is in
writing and is delivered personally, by courier or 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 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 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.
Section 3.6. Waiver of Lien Priority Rights. Declarant and each Owner understands
and intends, by use of an unincorporated association, that the Association will not have the benefit of
lien priorities provided in the Act for incorporated associations.
Section 3.7. Deadlock.
(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.
(b) Breaking a Deadlock. In the event of a 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 in any
court having jurisdiction thereof.
-3-
ARTICLE 4
UNITS
Section 4.1. Number of Units: Accessory Dwelling Unit. The number of Units in the
Common Interest Community is two (2), Unit A and Unit B. Unit B contains one (1) bedroom
accessory dwelling unit (the "ADU") restricted by Deed Restriction recorded in Book 760 at Page 524
of the records of Pitkin County, Colorado (the "Deed Restriction").
Section 4.2. Identification of Units. The identifying name of each Unit is shown on
the Plat.
Section 4.3. Unit Boundaries. The boundaries of each Unit are located as shown on
the Plat. The Condominium 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
Section 5.1. Common Expenses. The only Common Expenses of the Association are
for (a) Common Wall Maintenance, as defined in Sections 6.1 and 6.1 below, and (b) Insurance, as
defined in Section 6.3 below.
Section 5.2. Creation of Association Lien and Personal Obligation to Pay Common
Expense Assessments. Each Owner, by acceptance of a deed to a Unit, shall be deemed to covenant
and agree to pay to the Association annual Common Expense assessments. Such assessments shall also
include late charges, attorney fees and costs of collection charged by the Association. All Common
Expense 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 assessment is made and is subject to the
Association's right to foreclose as provided by the Act. Acceleration of any installment of the annual
Common Expense assessment shall be in the Association's sole discretion on a case by case basis.
Section 5.3. Apportionment of Common Expenses. Common Expenses shall be
assessed against the Units equally.
Section 5.4. Annual Assessment/Commencement of Common Expense Assessments.
The Common Expense Assessments shall be based upon the Executive Board's advance budget of the
cash requirements needed by it to provide Insurance and Maintenance during such assessment year.
Section 5.5. Special Assessments. A special assessment is any assessment that is not
levied pursuant to an approved budget. The Executive Board may levy one or more special
assessments only to provide, with respect to the General Common Elements, for liability claims or for
repair or replacement, to the extent not covered by Insurance, or to provide for extraordinary
Maintenance, if the Executive Board so determines.
-4-
Section 5.6. Effect of Non -Payment of Assessments. Any assessment provided for in
this Declaration, or any installment thereof, which is not fully paid within fifteen days after the due
date thereof shall bear interest at the rate of twenty-one percent (21 %) per annum. Further, following
ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in
equity, or both, against any Owner personally obligated to pay such overdue assessment, or may
accelerate the due date for payments of all installments remaining for the budget year, and may also
proceed to foreclose its lien against such Owner's Unit. The Owner shall have the right, until the date
of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the
amount due, including interest and costs. An action at law or in equity by the Association against an
Owner to recover a money judgment for unpaid assessments or installments thereof, may be
commenced and pursued by the Association without foreclosing, or in any way waiving, the
Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions
of Article 3 above need not apply and the non -delinquent Owner, acting alone, shall have the right in
the name of the Association and on its behalf or, as may be necessary, in the name of such non -
delinquent Owner, to do and pursue all things that the Association is authorized to do under this
Declaration in the case of a delinquent assessment.
ARTICLE 6
MAINTENANCE AND INSURANCE
Section 6.1. Maintenance.
(a) Association's Responsibility. 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.
(b) Owner's Responsibili . 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, alter and remodel the entire structure within which such Owner's unit is situated
(except the common wall separating the units), the exterior and interior of such Owner's unit and the
Limited Common Elements reserved for the exclusive use of the Owner of the 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, except in common with all Owners.
Each Owner shall, at such Owner's sole cost and expense:
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;
ii. replace any finishing or other materials removed with materials of similar type;
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 that portion of the roof and structural components serving such Unit;
iv. maintain in a neat and clean condition, free and clear of snow, ice and water accumulation
all the decks, yard, porches, balconies or patio areas, which have elsewhere in this Declaration been
-5-
reserved to and for the exclusive use of such Owner, including the Limited Common Elements that
have been so reserved.
Section 6.2. Common Wall. The Common Wall between the Units ("Common Wall")
shall constitute a general common element. Responsibility for the maintenance, repair and replacement
of the Common Wall shall be a Common Expense. No Owner shall do or permit anything to be done
to the Common Wall which will affect the structural integrity thereof or otherwise cause damage to the
Common Wall.
Section 6.3. Insurance.
(a) Association's Insurance. The Association shall maintain property
insurance on the General Couarion Elements for not less than the full insurable replacement cost thereof
and commercial general liability insurance in such minimum amounts as the Executive Board may
establish from time to time, as provided by C.R.S. § 38-33.3-313 of the Act, the provisions of which
are incorporated herein by this reference. Each such insurance policy shall be written with an
insurance company licensed to do business in the State of Colorado and shall have a rating of "A" or
better as shown in the published rating of AM Best Company.
(b) Owners' Insurance. Each Owner shall maintain such property and
liability insurance with respect to its Unit as such Owner may establish from time to time. Such policy
shall provide that the Association be named as an additional insured 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 it to provide that
the insurance company waives all right of recovery by way of subrogation against other Owners and
the Association in connection with any damage covered by any policy.
(c) Waivers. Subject to obtaining the waiver of subrogation endorsement
required by the Act, 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.
(d) Obligation to Repair or Replace. In the event of a casualty with respect
to the General Common Elements, the Association shall repair or replace the improvements as
necessary to restore them to their condition before the casualty event. As provided by the Act, the
proceeds of the insurance carried by the Association shall be used for such purpose and the Association
shall be the trustee to receive the insurance awards and cause the repair or replacement to be
accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the
amount necessary to effect such restoration as determined by the Executive Board shall be a Common
Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the
Executive Board shall reallocate such assessment between Units A and B Member Groups to the extent
that the restoration benefits do not benefit both Units substantially proportionately to their allocated
interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner,
the amount needed to effect the restoration after use of the Association's and such Owner's insurance
proceeds shall be assessed exclusively against such Owner's Unit.
IN
Section 6.4 Restoration Upon Condemnation.
(a) Total Taking. In the event of a taking of the total Real Property by
eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's
Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After
acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners,
their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall
vacate the Units as a result of such taking.
(b) Partial Taking. In the event of a partial taking of the Real Property by
eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall
be entitled to receive the award of such taking and after acceptance of the award of the taking by the
Owncr and the Owner's mortgagees and lienholders, the Owner, the Owner's mortgagee and
lienholders shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such
Owner shall vacate the Unit or portion thereof as a result of such taking. The remaining portion of the
Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking.
If the taking includes all or a portion of the General Common Elements then, unless the Owners decide
not to rebuild, the remaining General Common Elements shall be restored by the Association using the
condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the
amount necessary to effect such restoration as determined by the Executive Board shall be a Common
Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the
Executive Board shall reallocate such assessment between Units A and B Member Groups to the extent
that the restoration benefits do not benefit both Units substantially proportionately to their allocated
interests.
ARTICLE 7
RESTRICTIONS ON USE
Section 7.1. Nuisances and Negligence: Environmental Conditions. There shall be no
noxious or offensive activities carried on, in or upon any Unit or Common Element, and no loud noises
or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be
done in the Common Interest Community which may be or become an unreasonable annoyance or a
nuisance to any other Owner or any occupant of any Unit. The Executive Board shall have the right
to determine if any activity, noise or odor constitutes a nuisance or annoyance; provided, however, that
nothing shall prevent any Owner from enforcing the provisions of this Article by bringing suit or
otherwise. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on
the Condominium which will increase the rate of insurance or which will result in the cancellation of
such insurance. Each Owner shall be accountable to the Association and the other Owner for the uses
and behavior of its tenants or guests.
Section 7.2. Structural Integrity. Nothing shall be done to any Unit or the Common
Elements that will impair the structural integrity of any improvements on the other Unit or the
Common Elements unless prior written unanimous authorization is obtained from the Executive Board
or from the other Owner, as appropriate.
-7-
Section 7.3. Restriction Upon Occupancy. Each Condominium Unit shall be used and
occupied solely for, except as the Owners might otherwise agree, residential purposes only, and except
as provided in this section, no trade or business of any kind may be carried on therein.
Section 7.4. No Unsightliness. No unsightliness or waste shall be permitted on or in
any part of the Common Interest Community. All trash shall be collected in areas designated by the
Association. No wiring, television antennae or satellite dish (except 18" DSS dishes), or other items
may be installed which protrude through windows, walls or roof areas, except as expressly authorized
by the Association or this Declaration.
Section 7.5. Owner Caused Damages. If, due to the act or neglect of an Owner or
such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property,
including the Common Interest ComniumLy or any unit thereon, such Owner shall be liable or
responsible for the same, except to the extent that such damage or loss is covered by insurance obtained
by the Association, and the carrier of the insurance has waived rights of subrogation against such
Owner. The amount of such loss or damage may be collected by the Association from such Owner
as an assessment against such Owner by legal proceedings or otherwise, and such amount (including
reasonable attorneys' fees) shall be secured by a lien on the Condominium Unit of such Owner, as
provided herein above, for assessments or other charges.
Section 7.6. Leases. Except in the case of the ADU constituting a part of Unit B, no
Owner may lease less than that Owner's entire Condominium Unit, and all leases shall be in writing.
Any rental of the ADU shall be governed by the restrictions contained in Resolution 94-2 as set forth
in instrument recorded in Book 751 at Page 257 of the records of Pitkin County, Colorado. The ADU
shall, if rented shall be rented in compliance with the provisions of the Deed Restriction. All leases
shall provide that the terms of the lease are subject, in all respects, to the provisions of this Declaration.
Section 7.7. Enforcement. The Association, any member of the Executive Board and
any Owner shall have the right to enforce this Declaration and the right to collect costs and expenses
(including without limitation attorneys' fees) incurred in any enforcement action in which such Owner
prevails.
ARTICLE 8
EASEMENTS AND LICENSES
Section 8.1. Recording Data. All easements, licenses and title exceptions to which the
Common Interests are presently subject are recited in Exhibit A. In addition, the Condominium may
be subject to other easements or licenses granted by the Declarant pursuant to this Declaration or on
the Map.
Section 8.2. Common Elements Easement. Each Unit Owner has a right and easement
of enjoyment in and to the Common Elements, 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 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 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 to the condition existing prior to
such construction work. By undertaking work within the Common Elements, 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, including without limitation for
injury to persons or property and for mechanics' and materialmen's liens.
Section 8.3. 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 thereof for the existing electric, telephone, water, gas, and sanitary and
storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes,
cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walkways, 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, if necessary), except as such other Owner specifically
permits.
Section 8.4. Encroachment Easements. Each Owner has an easement over the
adjoining Unit(s) 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 or Owners. In the
event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same
manner 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.
ARTICLE 9
MISCELLANEOUS
Section 9.1. When Consent or Authorization Not Necessary. 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 Owners of the Common
Interest Community.
Section 9.2. Indemni . Each Owner ("Indemnifying Owner") agrees to indemnify
and 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
in
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 it, in its discretion, determines to be necessary to effect
the release and discharge of the 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 its costs
and reasonable attorneys' fees.
Section 9.3. Additional Rights of Enforcement. Each of the covenants, obligations
and undertakings in uhis Dcclaration 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, and whether or not the relief
obtained, including any damages, is less than what was sought.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed
this day of , 1998.
Audrey Lee Churchill
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this day of August, 1998 by
Audrey Lee Churchill.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
[Seal]
Notary Public
C:IdataIClients WiscMolly Gibson Loop - Amended Condo Dec -10-
•
•
CONSENT OF MORTGAGEE
The undersigned holder of a mortgage, deed of trust or other lien (collectively "Security
Interest") recorded in Book at Page of the Pitkin County Colorado real property
records against and encumbering the Real Property herein above described hereby consents to the
within and foregoing Condominium 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.
STATE OF
COUNTY OF
[Seal]
MORTGAGEE:
ss.
The foregoing instrument was acknowledged before me this
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
C:IdataIClients WiscWolly Gibson Loop -Amended Condo Dec -11-
its
day of August, 1998 by
as of
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
........... City Engineer
O ........... Zoning Officer
O ........... Housing Director
O ........... Parks Department
O ........... Aspen Fire Marshal
O ........... City Water
O ........... Aspen Consolidated Sanitation District
O ........... Building Department
O ........... Environmental Health
O ........... Electric Department
O ........... Holy Cross Electric
O ........... City Attorney
O ........... Streets Department
O ........... Historic Preservation Officer
O ........... Pitkin County Planning
__n ndo n,..____
FROM: �r a01 �a�a-ei IdLO% � �Ts.e�
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5090 Fax-920.5439
RE: 450 So Riverside Condo Plat
DATE: September 24, 1998
DRC MEETING DATE:(note time: 1:30-3:00) September 30, 1998
ENGINEERING REFERRAL DUE TO PLANNER: October 2,1998
Thank you,
Sarah.
AMENDED CONDOMINIUM PLAT OF
MOLLY GIBSON LOOP CONDOMINIUMS
CONDOMINIUM UNIT B, MOLLY GIBSON LOOP CONDOMINIUMS,
ACCORDING TO THE CONDOMINIUM MAPS THEREOF
RECORDED MAY 31, 1978 IN PLAT BOOK 6 AT PAGE 115 AS REC. NO. 204433,
AND RECORDED MAY 3, 1979 IN PLAT BOOK 7 AT PAGE 84 AS REC. NO. 214151,
AND RECORDED MAY 28, 1980 IN PLAT BOOK 9 AT PAGE 71 AS REC. NO. 224280,
AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION
RECORDED MAY 31, 1978 IN BOOK 348 AT PAGE 792 AS REC. NO. 204432,
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
0
2
GRAPHIC SCALE
0 5 10 20 40
( IN FEET
)
1 inch = 10 ft.
NOTE:
1.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF
S 14'50'49" W BETWEEN THE NORTHEAST CORNER AND
SOUTHEAST CORNER OF THE SUBJECT PROPERTY, REBAR AND CAPS
L.S. #9018 IN PLACE.
2.) THIS SURVEY WAS BASED ON THE RECORDED PLAT OF MOLLY
GIBSON LOOP CONDOMINIUMS AND EXISTING PROPERTY CORNERS
FOUND IN PLACE.
3.) DATE OF SURVEY WAS JULY 27th AND AUGUST 14th, 1998,
4.) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS,
COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND
EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT
PREPARED BY STEWART TITLE OF ASPEN DATED JUNE 22. 1998
(ORDER NO. 00025070).
TITLE CERTIFICATE:
PITKIN COUNTY TITLE, INC. DOES HEREBY CERTIFY THAT I HAVE EXAMINED THE
TITLE TO ALL LANDS SHOWN UPON THIS AMENDED CONDOMINIUM PLAT AND
THAT TITLE TO SUCH LANDS IS VESTED IN AUDREY LEE CHURCHILL FREE AND
CLEAR OF ALL LIENS, TAXES, AND ENCUMBRANCES EXCEPT AS FOLLQWS:
DEED OF TRUST FOR THE USE AND BENIFIT OF CHASE MANHATTON PERSONAL
FINANCIAL SERVICES, A DIVISION OF CHASE MANHATTAN MORTGAGE
CGRPORATION. ENCUMBERING UNITS A RECORDED JANUARY 31, 1996 AS
RECEPTION NO. 389550.
DEED OF TRUST FOR THE USE AND BENIFIT OF CHASE MANHATTON PERSONAL
FINANCIAL SERVICES, A DIVISION OF CHASE MANHATTAN MORTGAGE
//✓
CORPORATION. ENCUMBERING UNITS B RECORDED JANUARY 31, 1996 AS
RECEPTION NO. 389551.
1998 GENERAL PROPERTY TAXES NOT YET DUE OR PAYABLE.
d
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2
DATED THIS DAY OF _ A.D. 1998.
PITKIN COUNTY TITLE, INC.
-
BY: _
VINCENT .1. HIGENS, PRESIDENT
VEYOR'S CERTIFICAT
I, FRANK W. HARRINGTON, A REGISTERED PROFESSIONAL LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY STATE THAT THIS AMENDED CONDOMINIUM MAP
WAS MADE UNDER MY SUPERVISION AND IT ACCURATELY REPRESENTS THE VERTICAL
DIVISION OF THE MOLLY GIBSON LOOP CONDOMINIUMS INTO UNITS A AND B. THIS
MAP FULLY AND ACCURATELY DEPICTS THE MEASUREMENTS AND LOCATIONS OF THE
BUILDING, AND THE DIMENSIONS OF THE CONDOMINIUM UNITS. THIS CONDOMINIUM
PLAT COMPLIES WITH THE REQUIREMENTS OF C.R.S. 38-33.3-209.
FRANK W. HARRINGTON, P.L.S. #19598
PROFESSIONAL LAND SURVEYOR
NOTICE- ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COWAENCED MORE THAN TEN
YEARS FROM THE CATE OF CERTIFICATION SHOWN HEREON
12 pp, ST,gTE Blot, A
�i S ;75 •pg.l 1 „ Y 82
REBAR & CAP L.S.
#9018 FOUND
<f / WITNESSED 12.0'
d
W CONCRETE
SIDEWALKS
II
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i
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I
UNIT A
5,600 Ft
0.1^ Ac.f
i
BOUN RY LINE BETWEEN
UNITS A & B
l COMMON WAL
2 UNITS A & B
o�
I � '
UNIT B
5,649 Ff
0. ' 9 Ac.f -
REBAR & CAP L.
#9018 FOUND
TIMBER WALL
& EXISTING
FENCE
I
BOUNDARY LINE BETWEEN
UNITS A & B
l
EXISTING FENCE
o SS \
SEWER
CLEANOUT--
SJ CD N 82'01
41.35
#5 REBAR
FOUND
N �gOg•I, W
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;75 pp,
REBAR & CAP L.S—
#9018 FOUND
CITY ENGINEER APPROVAL
THIS PLAT WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF
ENGINEERING THIS _____ DAY OF
199_
CITY ENGINEER
DATE
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS PLAT WAS APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
DIRECTOR OF THE CITY OF ASPEN, COLORADO THIS DAY Of'
, 199
SIGNED
, ACTING DIRECTOR
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SUBJECT
'J PROPERTY
VICINITY MAP
SCALE 1. = 2000'
CERTIFICATION OF OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS THAT AUDREY LEE CHURCHILL, BEING
THE SOLE OWNER OF CERTAIN LANDS IN PITKIN COUNTY, COLORADO, HEREIN
DESCRIBED, BEING UNITS A AND B OF THE MOLLY GIBSON LOOP
CONDOMINIUMS, AND LOCATED AT RIVERSIDE AVENUE AND
COOPER AVENUE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO,
CONTAINING ACRES, MORE OR LESS, HAVE BY THESE PRESENTS LAID
OUT, FLATTED AND SUBDIVIDE THE SAME INTO CONDOMINIUM UNITS AS
SHOWN HEREON AND DESIGNATED THE SAME AS MOLLY GIBSON LOOP
CONDOMINIUMS, IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO, AND DOES HEREBY REVOKE AND RESCIND THE CONDOMINIUM
MAPS RECORDED IN PLAT BOOK 6 AT PAGE 115, PLAT BOOK 7 AT PAGE 84 AND
PLAT BOOK 9 AT PAGE 71. OF THE RECORDS OF PITKIN COUNTY, COLORADO.
AND SO FURTHER STATE THAT THIS CONDOMINIUM SUBDIVISION SHALL BE
SUBJECT TO THE AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR
MOLLY GIBSON LOOP CONDOMINIUMS RECORDED IN THE OFFICE OF THE CLERK
AND RECORDER OF PITKIN COUNTY, COLORADO AS RECEPTION NO.
EXECUTED THIS DAY OF 1998.
AUDREY LEE CHURCHILL LIVING TRUST
DATED SEPTEMBER 28, 1990, REVISED AND
RESTATED AS AUDREY LEE CHURCHILL
SEPARATE PROPERTY REVOCABLE TRUST
DATED NOVEMBER 8, 1994.
BY:
AUDREY LEE CHURCHILL, TRUSTEE
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF 1998 BY AUDREY LEE CHURCHILL AS TRUSTEE OF
THE AUDREY LEE CHURCHILL LIVING TRUST DATED SEPTEMBER 28, 1990,
REVISED AND RESTATED AS AUDREY LEE CHURCHILL SEPARATE PROPERTY
REVOCABLE TRUST DATED NOVEMBER 8, 1994.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
CONSENT OF MORTGAGEE:
THE UNDERSIGNED BEING THE HOLDER OF DEEDS OF TRUST FOR THE USE AND
BENIFIT OF CHASE MANHATTON PERSONAL FINANCIAL SERVICES, A DIVISION OF
CHASE MANHATTAN MORTGAGE CORPORATION.ENCUMBERING UNITS A AND B, SMUGGLER
LOOP CONDOMINIUM, RECORDED JANUARY 31, 1996 AS RECEPTION NO.'S 389550
AND 389551 OF THE RECORDS OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS
TO THE REVOCATION OF THE CONDOMINIUM MAPS MADE IN THE ABOVE OWNER'S
CERTIFICATE, AND THE FILING OF THIS AMENDED CONDOMINIUM PLAT IN THEIR
PLACE.
DATED THIS DAY OF A.D. 1998.
CHASE MANHATTAN PERSONAL
FINANCIAL SERVICES, A DIVISION OF
CHASE MANHATTAN MORTGAGE
CORPORATION.
BY:
NAME:
TITLE
STATE OF )
ss.
COUNTY OF )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF -__ 1998 BY
AS _ OF CHASE MANHATTAN
PERSONAL FINANCIAL SERVICES, A DIVISION OF CHASE MANHATTAN
MORTGAGE CORPORATION.
WITNESS MY HAND AND OFFICIAL SEAL,
MY COMMISSION EXPIRES: _
NOTARY PUBLIC
ACCEPTANCE FOR RECORDING
THIS AMENDED CONDOMINIUM PLAT OF THE MOLLY GIBSON LOOP
CONDOMINIUMS IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO, THIS DAY OF
1998, IN PLAT BOOK AT PAGES AND RECEPTION NO, _
BY:
CLERK AND RECORDER
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