HomeMy WebLinkAboutcoa.lu.ex.450B S Riverside Ave.A083-98
PhJ.1 OVereynder, 03:02 PM 1071/98 , Re: 450 S. RJ.versJ.de
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 accessed off of the highway. If 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
>1 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!
>
>
>
>
[~~J.nted tor Sarah Oates <saraho@cJ..aspen.co.us>
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CITY OF ASPEN
PRE-APPLlCA rlON CONFERENCE SUMMARY
PLANNER:
Chris Bendon, 920.5072
DATE: 10.1.98
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
.00L.-LY u//;Jo,-d ,loop Cl7.-u~,r..:o/V.-?1...r
Perry Harvey
PCDtI..2e Y .! E E C/-/O/,<CH /t.. <:..
Subdivision exemption for Condominiumization
land Use Code Section(s)
26.88.070 Condominiumization
26.52 Development Review Procedures
26.52.030 Application and Fees
Review by:
Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
No.
Engineering,
Planning Flat Fee $245
Engineering $110
$355
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
I. 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 II" 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. _']. 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 imd 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).
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ASPEN/PlTKIN COMMUNITY DEVELOPMENT DEPARTMENT
AgJ: eement for payment of City of Aspen D~eiopmentAppli....uon Fees
(p!eue Print Clearly)
CITY OF .~PEN(hereiDafterCITY)and H/)L:;>/2:;:Y ChlC/PC.&'/L L
(hc;l"in"ft.... APPUc.~'IT) AGREE .~ FOLLOWS:
1. APPUCk'lTbas sub~ttcJ to CITY an application for //}O//C/ CS> &'-/ 0''<'/
/ - /
/--uOp r:Q::VZ2Yn/,,(//Urn (hc;l"inm,.,.,., THE PROJECT).
2. APPUCAJ.'lT under.romds and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee strUCtlIl:e for land use applications and the payment of all processing fees is a
condition precedent to a de!e:m;n"rion or application compiereness.
3. APPUC.\J.'IT and C1Tl Jgree dJat bec:mse orrhe size. i1atUl'e or scope ofrhe proposed
project, it is not possible at this time to ascertain rhe full extent of the costs involved in processing
rhe application. APPUc.~'-ll and CITY further agree rhat it is in the interest of the parties to allow
.-'\PPUCAJ.'.IT .0 make paym= of JIl initial deposit JIld :0 rhere:l!ter pe.'1IIit additional ;:Osts to be
billed to APPLIC.\J.'IT on a monthly basis. .\PPLIC.\J.'IT agrees he will be benefue:i oy :emin;n~
greater c:lSh liquidity and will :n.ake additional payments upon notific:mon by the CITY when rhey
are necessary as costS are inc-.med. CITY Jgre"'~ it will be b=::'ited through the gre:ner certainty or
recovering its full costS to process .\PPUC.\J.'ITS applic:uion.
4. CITY and APPUC.\J.'-ll further agree thaI it is impracticable for CITY staifto compiete
processing or present suflicie:n inrbIIIlllIion to the Planning Commission and/or City Council to
enable the Pl~nn;ng Commission and/or City CouncU to make legally required iinrlm~ for project
approval. unless c=ent billings are paid in full prior to decision.
5. ThereIbre. APPLIC.\J.'-ll agr=> thaI in consideration oiilie CITY's waiver oiiIS right ,0
collect full tees prior to a c!er,..",;",.,;on of application complereness. .-'\PPUc.~'lT shall pay an
initial deposit in the amount ofS which is for hours ofPIl>nnmg staff time, and if
actual recorded costS exceed the initial deposit, APPUC.~'IT shall.pay additional monthly billings
to CITY 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.
APPUCAJ.'lT further agrees that fiIilure to pay such acCIUed costS shall be grounds for suspension
of processing.
CITY OF ASPEN
s~
Co=unity Development Director
City of Aspen
APPUCANT.
Signature:
Date:
/,;s.y C/?"aec /t:..c.
/)77 C/;??/FORAl/R JT#;~/<,
S/Jrhl r~C/...JcCJ)CA 9~/o.d
,
Printed Name:
Mailing Address:
~... LAND USE ApPLICATION
....
PROJEct:
... ,
'~,.J
Name: /J7 Ot:- C 7" / &SO A/ 60C P CO--UDo/7}/AJ/U.,n. J
Location: 4'50 f": R/(J. 1C2-f/~ Ht/Bi, Pd:d/ ~
(Indicate street address, lot & block number, legal description where appropriate)
ApPLICANT:
Name:
Address:
Phone #:
y c:.. e-~ C/;T0.aC/'Y /~ c
CRL.-/FO,l2./U//'J .s T. #' /:-)/4/
r/::2"t}.A/c/...Jco-, C/7 9'4/0cP-
;;;J - 8770
REPRESENTATIVE:
Name: Pd?P/-lY #..9/.:.lI/E)o-
Address:S-/ <Y ~ ..-"5" YY>'?,.P.A ./ /-7U /Jc:::'....(...;~ C2>
Phone#: 9 ~"'\ _ 7000
TYPE OF ApPLICATION: (please check all that apply):
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream (: Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split Temporary Use 0 Other:
0 Lot Line Adjustment ~ TextlMap Amendment
ExiSTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
CV/1/U?/1Z COd/PO_ PcC.?f?~::r/rJ~.N'-- //10?/-? z:;:;d 4/0Z-
-
a cZ- CU4/"'?U./T //?7~ O(/I-~
\
PROPOSAL: (description of proposed buildings, uses, modifications, etc.) .
r//?09 Y' /~ Z/c:c/rn;von ~//70/? /m />>:7//~ C~~
/.00 :J / C 'df: ., /b /2C L C ~ CuT /:J ' U./
FEES DUE: $ '1J1f,
Have you attached the following?
o Pre-Application Conference Summary
o Attachment # 1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
09/21/1998 23:12 415-928-7923
AUDREY LEE CHURCHILL
PAGE 02
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AUDREY LEE CHUR.CHILL
11" CALIFORNIA STREET, i 1214
SAN FRANCISCO. CAUFORNIA 9.108
September 22, 1998
Mr. Chria SeDdon
City of Alpal
COIIIDIllIIity i>cvelopDlllt DeplrtmCllt
.~30 South 011_ Streit
AIptn, Colorado 81611
llE: A parcel. of land beitts all of'LOtll, 2, and 3 and part olLot 711\4 Ii Rivenlde ........I~OD to
AIlpIII, CoIGrldo. TbiI iI ~ U Cvndomiui\ll!l Ullitl A IDd B. Tho Molly Gillian Loop
CoadoIlllllillmJ, ICCClfdlDa totbe CoDdomiIlIIlID Map tbereofAlccllD PlatBook 0 at PIp l~.
. PIIt Book 7 at Plae 84111d P1JIt Book 9 at Pap 71 otthe recorda of Pitkin Co1mty. Punher,
thin wu recordlId ill Book 348 It Pap 792 of tho recorda of Pitkin County, Colorld.o a
CoIIdollli1lillll1. Declaration for Molly Oibson ~ CllIIliominilllDl.
Dell Mr. B.IIIloll:
J lID ",llIrItl, application to the City of AIpen to IIZUIId IIId ratate the Condominium Declaration
anet Map fDI the Molly Gibaon Loop CondomiJli\IDIJ. My ~cntatiVl tor the ptOCeIlina ofthiJ
appliOlltion iI PIny HIMy, wboae addreu II 514 Eat H)'DWlAvenue, AIpeD, Colorldo 116111nd.
who.. phone II (910) 92S.7OOO. Mr. Harv,y will.peak for me realldina the appliwioll.
BACKOROtJND: The Mony 0ib80A Loop Condomini\ll!ll "... fotmed III 1971 by tbc tbm owur
Mr. C. M. Clark. SubeequezW)', I purohaaed the lIIl1Ire complex, ccmailtill8 alUnltl A md B. In
1993, I recoived IpJII'OVIl from the City or AIpea to denwliab UDit B IDd replace it with a IIIW unit
B to ooDliIl of IlCtic!cntlal ~t _ mADU. In November of 199.5. J rDOOivcc1 the encloaed
Certificate of 00c1&Jllll'Y. The doed %CItriGtiOll for the Aec.lClry Unit iI reoordcd at Book 760 Pile
524 of the recorda ot Pitkin County. A MW Comlominl\ll!l Map and Declaration retlect!na the
:ecClllltl'UCtld impro"ImentI ware lII\Ier recon1e4.
I 1m !lOW III the pmcua of aelHns unit B ad wi.h to R;;QRfm Kema18 Mil U1d Deolaratl.oll.
The enc10tecl Plat mati the requl:ementl of SectiOIl 26.81.070 of tho Land Uae Cod.. AI a
,....}l..I...! dlrifl.cmiOl1 or III IIpzovld ID4 1Xlllinlllll, It II our feeling that th!. can be approved by
the Director ofCotnmuaity Development after review by the staff lad lO!etral Ilmleil..
2'd
~2,n 86, 22 d35
09/21/1998 23:12
415-928-7923
AUDREY LEE CHURCHILL
PAGE 03
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Mr. CIIria BIIldan
Saptember 22, 1998
Pap Two
My c10aina 011 tbua1e ofUIIit Bit tdlodlllecl October 21, 1991. am. hopet\l.l that}'OlI WI
~ommodate thi. time ~trIint in YOllf fllYic:w to do whatever aecllllVY 10
compl_ t!lla tlma !in&.
'IbIIIk you fer yOur COIWderItiOD.
SlaceteJy youn, .
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e:'d
wtiS2 , n 86, i!Z dJ5
RUG.26.1~96 2:S0PM
STEWART TI TLE RSPE:N
NO. 365
P.2/7
SCHEDULE .A.
<j->?-:<CCJF 0 F
C3 W/CC/2f ,.,c/ ,/ /J
Order Number: 00025246
], Effictive date: AugulIC 06, 1998 at 1:30 A.H.
2. Policy or Policies 10 be isswd:
(a) A.L. T.A. Owner's (Standard)
Proposed Insured:
DAVIlJ C. LOCKWOOD AND HICHAEL R. PAXTON
AmoIl1ll of Insurance
$ 925,500_00
(b) A.L.T.A. Mongagee's (Standard)
Proposed Insured:
ZO .liE DE'J!EMDlBD
$ 598,000.00
(c) Leasehold
$
Proposed I1Io'/ured:
3. 77ze estate or i1rJerut m the land described or referred zo m mis Commirmenr and covered herem Is
fe. Slimpl.
4. ntle to the fee IIbnple estare or irueresr in said land i.r Ol the effective dOle h4re0fVesteti In:
ADDlIZY LEE CHI1RCHIU LIVING 2'RUS2' Dil!n:D SZP2'ElfBER 28, 2990, llEVISED
AND IUIS2'UBD AS ADDREr U2 CHU1I.C1lIU. SEl'ARME l'ROl'8JI.TY llEVOCABU 2'RrlS!r
DUED NOVEIlBER 8, 2994
S. 1M land referred to ill this CommilmeTlt is tkscribed as follows:
S88 Atta~hed L8gal D811~ripcion
STATEMENT OF CH.4RGES
'lh1!1Ji!1 chorges are dill! and paytJbk Iw/tJre 4
POUCJI t:4It " issued.
O.,n8zoa l'r_J.U1/J
Hortgage l'retJU.U1/J
2'4% Certi.L.i~ate
J1,830.50
J 50.00
J 12.00
S7EWART 71TLE OF ASPEN, lNe. .
ti20E. Hopldru, Aspell, Co, 81611
.~~~ .;,.=,
AUG. 26. 1998 2:51PM
STEWART TITLE ASPEN
NO. 365
P.7/7
SCHEDULE A
Order Number: 00025246
LEGAL DESCR!P110N
Condom.ini.um Unit B, HOUr GIBSON ..OOP CONDOMINIUHS, according to the
CondomJn.ium Haps thereoz recorded Hay 31, 191B in Plat Book 6 at Page 115 a.
Reception No. 204433, and recorded Hay J, 1979 .in plat Book 7 at Page B4 a.
Reception No. 214151, and recorded Hay 2B, 19BO in Plat Book 9 at Page 71 as
Recaption No. 224280, and a. d.zined and de.cribed i.n the Condomi.n.ium
Declaration recorded Hay 31, 197B in Book 34B at Page 792 as Recept.ion No.
204432.
coUN2'r 01' PI2'KIN, S2'UE OF COI.OllADO
RUG. 26. 1998 2:50PM
Srr' '~'<T TITLE RSPEN
NO. 365
P.3/7
SCHEDULE B
Secrion 1
Order Number: 00025246
REQUlREMENlS
TMjollowing are the requiremenn to be complied with:
Irem (a) Payment to or jor the a&COU1ll of the granlors or mortgagors of the full consideration jor the estate or
Interest to be insured,. . .
Irem (b) Proper insrrumenz(s) creating the estale or interest ro be insured mu.rr be eucnad and dldy filed jor
record, to wit:
1. Release oL Deed oL Trust dated January 30, 1996, executed by Audrey ~ee
ClllzraJl.ill L.ivU1g Trust dated September 28, 1'90 Aevised and Aenilted as Audrey
Lea Charcbill Separate Property Aevocable trust dated November 8, 1994, to the
PubJ..ic :l'ZOUlltee oL PitkilJ COIUlt:y, t:o .ecur. an indebt.dness oZ $184,500.00, in
Lavoz: oL Clla.e lfgnJ,att:iUl l'ezaQIJal Financial. S8rVice., . Divis.i.on o~ Ch.e.
Manhattan Mortgage corporation, recorded January 31, 19'6 .s Rec.ption No.
389551.
2. Good and Su:f:fJ.cient AlIlenciment to the CondOl/liniWl/ Nap of record, and Aztl.nd.d and
Aestated condOlllin.i.U1II Daclaration Lor tha Holly G.ibsCll Loop CQlJdominiwns/
Stewart: :l'itle oL Aspen., Inc. res.rv.s th. right to make addit:J.onaJ. requ.:Lrementa
and/or flXc.ptiollS upon r.vi.w oL the axecuted above documenta.
3. D_d, execut:.d by all !:rUstees oL Audrey Lee. Churchill Living Tzoust dated
sept:ember 28, 1990 lIevised and lIestatad as Audrey Lee ChurchJ.Jl separate
Property lIevoceble 2'rust dated Novemb.r 8, 1"4 conveying :fee title to the
purchaser ( s) .
NOTS.' :l'rust: Arfidavit reJ.tt:ing to Audny Lee ChurchJ.Jl Living :ZOnst dated
S.ptember 28, 19'0 Aevis.d &nd lIe.tatad a. Audrey Lee Churchill separata
Property Revocable Trust dated Novembar 8, 199.4, recozded January 31, 1996 as
Recept:ion NO. 389548, disclo....s AudreyL.e ChurchJ.Jl as all trustees.
4. Evidence sa:tisLactorr t:o Ste"art: :l'itie Guaranty Company, furn,i.lIl1ed by the
OLfice of the D.:Lrector of Finance, Clty o~ Aspen, that the ~ollo"ing tues have
been paid, or t:.hal: conv.yance is _811I1'1: :frOllJ said taxes:
(1) 2'he "Wh..lSJ:' boLl Estata 'J:rander Tu" pursuant to Ordinance No. 20
(Serie. o~ 197') and (3) The "Sousing Aaal Bstate 'J:randez 2'u" ,pursuant to
Ordinance No. 13 (S.rioes oL 1990).
5. A. Certi.:f.icate of non-rorei.gn status, duly executed by the.seller(s), purauant
to SectiC11 1445 of /:be Internal lI.venu. Code AND
B. SatJ.s:factOry evidence o~ the Seller(s) colorado residency (or
incor.poration) pursuant to colorado Ho~se Sill 93-1270. .
NO'J:B: Section 1445 or the Int:ernaJ Revenlle Code re~ires withhOlding of tax
:from s&les proceeds M the transferor (seJler) .is a ;fore.ign person or entity.
Colorado .Rou.. Bi.J.l92-J370 lIIay require withholding oZ tolX :from sales proceeds
M the :ieller(:i) .is not a Colorado resi.dent. DetaJ.led in:fOZ'l//atJ.QIJ and Forms are
Conti.nued on next 'page
-1-
AUG.26.1998 2:50PM
STE'V"''<T TITLE ASPEN
NO. 365
P.4/7
Cont.inUlIt.ion ~ Schedule B - Section 1
order Nwnber: 0002524&
av..:z:labl. rrom S:evar: ~itl..
6. CercU:i.cll:e ~ZOlll ~e managelll6n1: group evi.dencing ~. ~lIct t:hllt /Ill Condolllinillm
expenses have been paid pursuant: to Paragr4ph 110. * o~ ~e Condoll/i.nj,lIl/I
DeclulIt:Lon.
.2-
"~~--.,_..-
AUG. 26. 1998 2:50PM
SID."'I<T TITLE ASPEN
SCHEDULE B
Sectioll 2
NO. 365
P.5/7
Order Number: 000252~6
EXCEP'IlONS
The policy or pol/des to ~ issued will contain aceptiollS to the following unless the same are disposed of to the
saJisfactlon of the Company:
1. Righls or claims of parries i1I possesnoll, 7lOt shown by the public records.
2. Easf!11l411lS, or claims of ease1llDlls. IIOt shown by the public records.
3. Discrepondes. COnjUC13 i1I boundiuy liMs. shonage in area. encroachmenzs. and tmy jaas which a correct
IIlrvey and inspection of the premises would disdose and which are IIOt shown by the public records.
4. Any lien, or right to a lien, for services. labor or material heretofore or hereafter furnished. Imposed by law
and IIOt shown by the public records.
S. Defects. lieru, encumbrances, adverse claims or other matters, if tmy, created, first appearing in the public
records or atrachi1lg subseqwl1It to the effective date hereof, but prior to the date the proposed insured acquires
of record for value the ware or interest or 17lOngage thoeon covered by this c011l1Tlitrnoa.
6. U1IpQlellled mining claims: reservarioru or exceptioru ill patenzs, or Q1l act Ql/thorizing the iSSUQ1lCe thereof:
water righu claims or title to warer. .
7. Any and 411 unpaid eax8. and allSSIISlIJ8nU and any unr8d881118d tltx lIalslI.
8_ Any vein or lode ot '111arCS or other rot;k in plat;e, beuing gold, silver
cbmabu, lead, t.in, t;opper or other valllable depositll c:la.i.med or known to
eJeillt on lIur:Jl 23, U85 a. .nllerved by llaeent recorded Juns 27, 2949 in Soole
275 ae lIags 2~6 ot the ret;ords tor Pitki.n Couney, colorado.
9. !I'erms, .condie.i.oJllI, obligations. and resuiceions as set torth .in Certi:fic:ate
oJ! Exsmption I'rOtlJ 2'h8 DsLinition oJ! SUbdivillion rscorded /fay 32, 2978 in Boole
3~8 ae page 774 a. R8cspeicn NO. 204429.
20. 2'1IZ71/S, conditions, obligati01Js and :r.8uic:tions. as Slit forth in eh8
CondominiUl1l Dllt;lilration tor 110111' G..ibson Loop CondollUn.illms rllt;ordlld Ilay 32,
1978 in Sook348 ae lIage 792 .a. Reception No. 204432.
12. Basement. tor water and sswer ueil.ity JlllZposes as set t~ .in Grant ot
Easemene recordedllay 32, 2978 in ,ook 348 ae Page 805 .. Rec"pt:ion No.
204434.
12. Saa.menes, cond.itions, rll.i:.rict:iDns and eneroach1llenta a/l set ~~ on the
Condom.in.illll/ lIap. ~or Nelly Gibllon Loop Condom.in.i_. ZOfJcordlld Nay 32, 1978 in
1I1at: Boole 6 at lIag. Jl5 &II Rlleept.ion No. 204~33, and rllc:ord.d Nay J, 1979 in
nat: Soole 7 at: Page 84 .. Reception No. 224252, and rll'c:ordlld lIay 28,1980 in
IIlat Book 9 ae Paga 72 a. Rae"peion No, 22~280. .
23. remll, conditions, obl;Lgar:iona and provisions.or Sidewalk, Crzrb and GlItter
zmpzovNlent:. AgZ'e8lllMr: .a an tor1;h in i.I:IaU'Umene recorded Al/gIIat 25, 2994 .in
Book 758 at: lIage 505 All .Reception No. 373H2.
Cont.inued on next page
RUG. 26. 1998 2:51PM
STEWRRT TITLE RSPEN
NO. 365
P.6/7
Continuation o~ Schedule B - Section 2
Order Nu1llber: 00025246
MOI'E: Provided that Stewar!; :ritle o~ Asp81l, Inc. records the documents o:f
conveyance in the proposed tran.action the statu. oL title will be updated tram
the time oL this commiement to the tillle o:f said reco~ing. I~ said update
reveals intervening liens or changes in the status oL sAid title appropriate
action(s) will be talcen to disclose or elilll.:!nate said change prior to the .
recording of said documents. II said update reveals no intervening liens or
changes in the status of title, ZJtception No.5 above will be deleted.
N02'E: policies issued'hereunder will be subject to
exclusions ."t Lorth in the ALXA 1992 Policy form.
Policy Jacket, setting ~orth said terms, conditions
made available upon request.
the terms, conditions, and
Copies ot the 1992 :form
and exclusions, will be
,JUL.112l.1998 4:45PM
STEWART TITLE RSPEN
NO. 383
SCHEDULE .4
Order NlIlTIber: 00025070
LEGAL DESCRJfflON
P.S
I
c:ond~W11 UIl}./; B, lfOLLr GIBSON LOOP t:OlIDOlfI1lIUIIS, accordJ.ng :0 !:he
Condomj,nJ.lUIIltaps !:hereor recorded lfar 31, 1978 in p].at; BooJc 6 at Page lIS as
R.ecepdon NO. 204433, and recorded Nay 3, 1979 j,n I'1.n Boole 7 a: page 84 as
Reception No. 214151, and recorded Hay 28, 1990 j,n p].at; BOoJc 9 at; page 71 &.If
Reception No. 224280, and .. d~ined and desor.ibed in th. Condcmi.ni.UlII
Declaration recorded Hay 31, 1979 in Book 349 at; page 792 &Q Aecep/;.ioll No.
20*432.
COUN'rr 01' PI'rXIN, STJlXE OF COLORADO
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ACCD.oay IlWlLLDIG 1JH%'1' nllD U.n.IC'l'IOH .
PlJRSVART TO S:lCT:l:ON 5.51 0 Or. 'I'D
ASPBH CITY LUD 'l1SB COJ)B
37;3S7111 8-7&0 P-3240911116/94 0914:5A PG 1 OF:3 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER . 15.00
'1'Jl:l:S ACClilSSOJI.Y nWBLLIHG WI': DDD U:S'l'JlIC'l'IOH 'is made and
entered into this 16th day of July, 1994, by Audrey Lee Churchill
("Coventor") 1!oritself,its successors and. assi~s, for the
benefit of the City of Aspen, Colorado, a municipal corporation,
and the Aspen/Pitkin County Housing Authority, a lllulti-
jurisdictional housing authority established pursuant to the
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book
605. at . Page 751 of the records of the pitkin County Clerk and
Recorder's Office ("Authority"). .
WHR~AS, Coventor owns ehatparcel 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 GlllIOn Loop Condominiums, s Condominium, .~lng to
the maps filed for record lIT the Ofllce of the Clerk and Recordar of PItkin Co\lnty in Plat
Book e at Plge 71, and as defined and described In the Condominium Declaration for
Molly GibBon 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
WBEllBAS, C.oventor 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 Pla=ing and Zoning Comm1lU1ion on May 17, 1994.
. .
N'OW,.TBEUPOU, in consideration of the mutual promises and
obligations contained where, the Coventor hereby cOvenants and
agrees as follows:
J. . The Unit as identified hereinabove I shall not be
condominiumized and, :if rented, shall be. rented only in
accordance with the .guidelines .s adopted and as may be.
amended from time to . time by. the .Authority governing
"resident-occupied" dwelling units.
2. Coventar need not rent the Unit; however, when rented, only
qualified residents; .as defined in the Housing Guidelines,
sh,all 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 . qualified resident.
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'--i:"'T1\;-aov.t1cl:1 and lrm-itaticn. of this- cS...4 l'ut:1Qt!en ~h.ll
~ with and ~. ~in~in;on the land !o~ the ben.fttof the
Clty ot A8pen and. the Autho:!ty, either ot whom mlyenfo:oe
the provision. thu.ef,t:m:lOugh any p=-oc.edin;. at law or in
equity, includ1n~ .viotion of non. complying tenante. .
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4.. It i. unde:ltood and agreed by tb. Coventor that no waiver of
a breach IOf any t.:m or condition ..contained in this deed
restriction Ihall be con.trual! to ba . waive: of any breach of
the sama lOr otnu elm 107: clOndition, nor .hall failure to
enfe:ce any. onCl of I:h, cum. or condiHons, dthar by
forfeiture o:otherwi.., b. con.trued a8 a waiver of ~y term
10: ClondiUcn.
IN W.TXlQ, 31110', ccv.ntcr hat placed it. duly authori..d
signatun hento on the dat. II d..c:ribec:l above.
COViNTOR:
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By. ()..~'f.. (V~"HQ..O)
Audx-ey C:hu%chUl JJ .. c/
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MaiUng Mdreul //77 ~ (4.A:
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California AU.Purpol. AcknowledgmeDt.
Stale at CaIiicmla
CownyotSIIl ~o
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00 0'7 I 1 J, I 94 befallS me -_....-:...DlIIIltl Spencar---..-...-- perscDllly appeared
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PROved. to _ 011 !he bllll 01 Ntlefae1Q11 e.Jdeucc ID be the ~)' wballl aamll(a) Wa~. .
'a~rlbed UlIbII wlthla WlrUmCllt I1Id 1Id=clw1c4p! to 11IO lbIc heflUftheY lllCCullld tha 8IIIIe in .
JifllllerltJre1r mtllodzed c~ty(Iu), 11I4 that bY hkIhorltheJr all'l"') DC die !nmumIlac tha pEDoa(s),
lll' the emil1 upou be!JJlf or WbIcl1 itIa peaClll(s) ~ied, rr~"""'" \I1U1SIr\IIIIe!IL . . ,
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ACCEPTANCE BY TO EOtrSnKI AtrrEOJlI'rY
The foregoing agreement and its terms are accepted by the
Aspen/~itkin County Housing Authority.
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By. A:Z: ~
David Myler, Chairman
Mailing Address:
530 East Main Street, Suite 001
Aspen, CO 81611
STATE OF COLORADO
COUNTY OF PITKIN
ss.
Ad)
The.fqre~~~ng instrument was aC~~ledged before me thi.~
day of ~. ~u..\y ,19 I by David J. MYler,.
WITNESS MY hand and official seal.
My Commission expires: 1':J.;.fJlf.
Da e
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CERTIFICATE OF OCCUPANcY
ASPEN .to PlTKIN
COMMUNITY Dt:YEI.OPMENT Dt:P ARTMENT
THIS CERTIFICATE ISSUED PURSUANTTO THE
REQUIREMENTS OF SECTION 307 OF THE 1988 EDmON
OF THE UNIFORM BUlLDIN6. CODE. IT CERTIFIES THA TAT
THE DATE OF ISSUANCE. THE STRUCTURE AS DESCRIBED
Bf1.0WWAS IN COMPUANCE wtrH THE VARIOUS
RESOLUTIONS AND ORDINANCES RE6.ULAT1N6. BUlLDIN6
CONSTRUCTION AND USE IN THIS JURISDICTION.
Use Classification:
Building Permit:
Legal Description:
Building Address:
Owner of Building:
Owner Address:
Stngle Family Restdence
4-345
450 S. Riverside Av~.
Audrey Lee Churchill
450 S. Riverside Ave.
Group:
Use Zone:
R-l/M-l
R-6
Type Construction: V-N
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:
:;2;1,tj 9J.......
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Note: In all occupancies. except R. this certificate must be pO!l~ed
In a conspicuous place Dear the maiD exit aD tho premises Cor
which It t. issued. Any a1teratton or use of these described
premises or portion thereof without the WTttten approval of the
BuildIng Official shall negate this C.O. and subject It to revocatton.
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:'i':~':':'.::'" . . tklLLY GII3SOM LooPJdONMHINIUMS
.,'.' ' (A CondominiUlA)
lQIOI'l ALL MEN BY 1'RESE JRf.SElITS:
is
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to
WHEREAS, C. K. ,~RK, hereinafter called .Declarant".
the owner of the foll""ing described real property situated
the City of Aspen, County of Pit:l<:in, State of Colorado.
wit:
A parcel of land being all of J,ots 1, 2
and 3 and part of Lot 7 and S: Block B:
Riverside Addition to Aspen, Colorado.
Said parcel is mure fully described as
follows:
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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 li~e of Lot 8,
thenee 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 describeg property is presently
developed with the following improvements. to wit: A on~-story
frame duplex house (the "Duplex"), containing a four bedroom,
two .bath apartment and a three bedroom.. two bath apar~~nt; and
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WHEREAS, Declarant desires to create a condominiltm
. project on said property under the Condoreinium ~~ndrship Act
of the State of Colorado. and to '!stablish thet.eby a plan for
the o'~ership in fee simple of real property estates consisting
of the area or space contained in e!ch of the -Units. as h.ere-
inafter defined. and the ownership by oneJr m~re of the indi-
~dual and separate owners ther~of, as tena~ts in ccnmnon, of
all of the remaining real property herei~alt..r cefined ~~d
referred to as the "Common Elements".
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NOW, THEREFORE, Declarant GO"S lu,reby pub:_ish and
de..:~are that the follOW'inq terms, cove::u'.ts, conditi-:;,ns, ease-
men~s, uses, restrictions, limi~ations ~nd o~liqati~ns shall
be deemed to rua with the l~d, shall be a hurden upon and a
benefit to Declarant, Declarant's heirs, pn~sonal representa-
tives, successors and as~igr.s and any persuns acq~iring or
owning an interest in t~le real property and imp=ovE-,~nts, their
grantees, lessees, su~cessors, heirs, executors, administ=a~orsr
devisees or 1ssigns.
1. DEFINITIONS. Unless the context shall expressly
provide otherwise, the following definitions shall apply.
(a) "Unit' means the individual air space contain~G
within the in terror-surfaces of the perimeter walls, floors,
ceilings, windows, doors and built-in fireplaces, if any. of
each of the apartments located in the Duplex situatec on the
real propeIty described above. together with all fixtures and
impIovements therein contained. but not including-any of the
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.::.~ruc~ural.CCllpODents.o1!:::ij~'ltiI111din,j', if a:ny, within a Uni~
contained th..rein,- which ~'.lir..'shown on the CondominiUlll
Map and identified thereun by the let~ers "A" and "B".
(b)
~he undividad
such uni t.
"Condominium Unit" means a Unit t~ether with
inte;reilUjn the Comrnnn --Elem~ts aO'...!J._rtenant to
(c) "Owner" means the person or persons or entity
or entities, including Declarant, who own fee simple title to
a Condolllinium Unit. Th" ~erm Owner shall not include the owner
or owners o~ any lesser estat~ or interest.
or other
any part
(d) "Mortqaqe" means any mortgage, deed of trust.
security instrument by w~ich a Cond~nium Unit or
thereof is encumbered.
(e) "Mortqaqee".means any person or entity narned
as the mortgagee or beneficiary under any mortgage which en-
cumbers the interest of any Owner.
(f) "Condominium Map" means the Condominium Map
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 lhe Real
Property; (ii) the foundations, columns, girders, beams,
supports, main walls, roofs an~ crawlspaces contained in each
of the building improve^~nts which are the subject of this
Declaration, and the "party~all' di~iding Units A and B as
ahown on the Condominium Map: (iii) the installations in such
buildings consisting of the eq"ipmGnt and materials maJ<.ing up
the central services such as tanks, pumps, motors, fans, com-
pressors, ducts, power, sewer, light, gas, hot and cold water,
he.tinq, ventilating and air con.:iitioning and, in general, .
all apparatus and installations existing for common USe; and
(iv) all other p~r~s of the Duplex Unit and of the above
. described real property necessary or convenient t.o its exis-
tence, maintenance and safety or normally in common USe.
(h) "General ccmmon Elements" means all Cammon
Elaments except LL=ited common Elements. as hereinafter defined.
(il .~ted common El~nts. means any portion of
~e coumon Elements designated herein for the exclusive USe
nf the Owner or Qvnerc of a Condominium Unit or Units.
The portions ~f Lots 1 and 2 and the porch attached
to {}nit A, all as designalad on the Condominium Map, "L.C.E."
are herebY designated for the exclusive use of the Owner or
Owners of Unit A. The portions of LotS 7 and 8 as designated
on the Condomini~ ~p. "L.C.E." are ~ereby designated for the
excl~5ive use of the o.tner or Owners of Unit B.
(j) "Real Property" me~~S: A parcel of land being
all of Lots 1, 2 and 3 and part 0f Lot 7 and 8: Block 8:
Riverside ~dition to Aspen, c.,lcrad::.. said parcel is more
fully cescribed as f::>llaws: Begi~~ing at the Northwesterly
corner of said Lot 1: thence S 7S009'11" E. 75.00 feet. along
the Nnrtherly line of Lot~ 1, 2 and 3; thence S 14050'4Q" 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 ~.e Southerly line of Lot 8: thence N 14050'49" E
150.00 feet along the Westerly line of Lets 8. 7 and 1 to the
point of hegir.nir.". '
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(k) "proiect" weans the Real Property and all
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":C',' :1'.-\;.' > :;. > "'th'.'1uIal''I!'~ity,~~~~'ti'i~e&s_n1:s and appurtenllnC8S
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. (11 -Hanaqinq Aqen~" m..'ns the person or ..n.;ity
which shall be selected and appointed_by the OWners of the
Condominium Units pursu3ifl:EO tlte .p=visions u! P":L":"'.~I''' -12
of this Declaration. :.
2. DIVISION INTO CONDCHINIUM UNITS. The project
is hereby divide.d into Condomiuium Units, each consistinq of
a separate fee simple e3tate in.a'particular Unit and the
following described appurtenant u~divided fee s~le intarests
in the Common ~lements. ;
(al Real Prope::ty COllllllOn Elements:
Unit A ~ i 50'
On! t B SO,
(bl Duplex C=n Elements:
unit A 50~
Un! t B 50\
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Each owner shall own his appurtenant undivided interests in
the Common Elements as a tenant in'cammcn with the Owner or
Owners also owning an interest in:such Common Elements.
3. INSEP:\RAllILITY OF' A USIT. Each Unit and the un~
divided interests in the Common Elements appurtenant thereto
shall be inseparable and may be ccit:v..yed, leased, encumbered,
devised or inherited only ar a cc~daninium Unit.
4. DESCIUPTION OF A CO~OOH:rnIUM UNIT. Every deed,
leas~, ~rtgaqe, trust deed, will,.~l other instrument m~y
legally describe a Condominium Unit ~y.its identifying Unit
letter, followsd by the words "Molly Gibson Loop Condominium"
~ith furthsr reference to the recordeci Declaratian and Mao.
.Every such description shall be d~emed good and sufficient for
all purpose. to sell, co~vey, tradsfer, encumber or otherwise
af.!ect not only to'lI\> Unit but also the Gel:eral Common Elements
and th.. Limited COIIlIIlOn Elements appurtenant thereto. Each such
description shall be construed to include the riqht to the use
of the Limited C01IIIIOI1 Elements appurtenant ::hereto to the
exclusion of all third partie: not lawfUlly entitled to use
the Silllle.
5. ' SEPARATE ASSESSMENT AND T}.xATION ~ NOTICE TO
ASSESSOR. Declarant shall qive written notice to the assessor
of Pitkin County, ColoradO, of the creation of ~ondom1nium
ownership of this property, as is provided by law, so that
each Unit and the i.nterests appurtenant thereto s.hall be deemed
a sepa?ate parcel and subject to separate assessment and taxa~
.1'ion.
,_ TITLE. A Condominium Unit may be held and owned
by more than one pe&son as joint tenants or as tenants in
common, or in any real property tenancy relationShip recognized
under tho laws of Colorado.
NONPARTITIONABILITY OF COMMON ELEMENTS. The
Common Elements shall be owned in common by the Owners as
hereinabove provided, and there .:all be no judicial or other
partition of the common ~lements or any part thereof, nor shall
any owner brinq any act Lon seeking partition ther~of.
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J... Jc,;, ~."..USE OF.;tIli~1IUi-AND LIMITED COMMON ELE~IENTS.
. ltach,o..ner r.hall."be':_~or~lusive ownership and posses-
Bion of his unit~ Each ownei!'liIay Uile the ~'neral and !.indted
Common Ele~nts in accordance with.~1e purpo~e for which they
are intended, without hindering or encroachinq upon the law-
ful rights of the _ot;!l!-r 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 JIlll'l be ca::ried on therein. Lease or rental of a Condo-
minium i.t"it fo" lodginq or residential purposes shall not be
conside=~d to be a violation of this covenant.
10. EASEMENTS FOR ENCROACHMENTS. If any portion of
the Co~n 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 adjoininq Unit, a valid easement for the
encroachment and for the maintenance of s;une, 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 en~~rances either on Common Elements or the
Uni ts .
11. TERMINATION OF MEC"-A.'HC 0 S LIEN RIGH'l'S AND
INDEMNIFICATI~,. No labor performed or materials fu=nished
and incorporate1 in a Unit with the consent or at the request
.of the Owner thereof or his agent or his contractor or subcon-
tractor shall be the basis for the filing of a lien again.t
the Unit of any other Owner not expressly cons,enting to cr
requesting the same. or against the interests in the Co~m~n
Elements owned by such other Owners. F.ach Owner shall inde~lify
and hold harmless ea~h of the other Owners from and against
all liability arising from the c1~im of any lien against the
Unit of any other OWner or against the Common Elements for
const~uction performed or for labor, materials, services, or
other products incor~orated in or otherwise attributable to
the Owner's Unit at such Owner's request.
12. }.DItINIST:R.l\.TION AND Ml\NAGEMENT. Each OWner shall
manaqe his own Unit, unless the owners of Units A and g agree
upon the appointment of a Managing Agent to administer botn
such Units. Notices of Appointment of th~ Managing Agent by
the Owners of Units A and B hereunder sh~ll he placed of record
by the Manaqer insofar as required by l~w or p~actice. 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 h~urs as may be necessary for the inspection, maintenance,
repair or rep1;::cement of any of the General Common Elements
thereon or accessible th~rafr.nm or for makinq emergency repairs
therein necessary to prevent damage to the General or Limited
Common Elements or to another Unit or. Units.
Damage to the interior of any part of a Unit re&~lting
from maintenance, repai~, emergency repair or replacem&nt af
any of the General common. Elements or a~. a result of e~ergency
repairs within a Unit at the instance of another Un~t OWner
shall be a Common Expense of all of the OWners of Units having
an interest in such General common Elements; provided, however,
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'0:348 ~E 796
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'i;?\~~~5iJ~;i'~" '.]i OWNERS' MAINTENANCE RESPCNSIB!ITY. purposes
,~e;:~_;i...~j< o'ft:.siliintenance, repair., alteration-...and-rem0d4.tJi Ow"ner
~,.i.-i..":;;:. .hall b. deemed to own and to be responsible IVor exterior
'!i';.... .urf~c;:e..of. such owner's Onit and the Li1ll!.ted t;, n Elements
.~:,,;: .....i~d;~reto, and the windows, doors, int~ r nonsupporting
..",.. .::ifr.;1!'..:".'" wall., luterials, ceilings and flO<lrs w,-thin. the Unit. An
.:.~-;~f'/f;..':" O!orne'~ . :;.&11" not be deeme<1 ,to own any ~"';iirtiesrunnin; throuqh
:..~\{..:." . . h t II cd t vhlch serve folOre than one On::' t except as a tenant in
',;..,'.' c<;>:!IIOn with the adjoining Onit owner. Such obligation and/or
right to repair, alter and remodel:~hal1 carry the obligation
to replace any finishlng materials r=ved with similar or
other types or kinds of finiShing ~~terials of equal or better
quality, and to maintain the Lill'lted COIIIIIlOn Elements in a neat
and cl~An condition. Any mat3r.~al alteration, remodeling or
refinishll1g of units. A or B r:,.lll require the prior mutual
con;;ent and approval of the &..nen of bOth of said Units.
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An O.oner shall maintain and keep the interior of his
own Unit and the Limit"d common Elements appurtenant thereto
~n good taste and repair, including the fixtures thereof. All
t1xtures and equipmP.nt installed within the unit commencing
at a point where t!le utility lines'" pipes. wires. conduits or
systelllS (which fC'r bre',ity are hereafter referred to as
.utilities") en~er the Unit shall be maintained and kept in
repair by the ~ner thereof.
15. COI&LIANCE WITH PROVISIONS OF DECLARATION. Each
owner shal~ comply strictly with the provisions of this.
Declarat10n as the same may be lawfully allV.lnded from time to
time. T.ailure so to comply shall be grou:lds for an action
to rec~ver sums due and for damages or injunctive relief or
both. maintainable by the Managing Agent (where ap?ropriate)
or ~y an aggrieved OWner or OWners.
lE. REVOCATION OR AMENDMENT TO DECLARA:'ION. This
~claration shall not be revoked nor shall any of the provi-
sions herein be amended 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 instrumP.nt(s)
which shall be duly recorded.
17. ASSESSMENT FOR U?1!':'S A AND B COMMON ExPENSES.
The Owners of Units A ,~~d a shall be obligated to pay the
assessments imposed by the Managing Agent to ~~et the Common
Expenses incurred in connectiC"n with such Units. Except for
Limited COIIIr.lOn Elements liability insurance premiums. the
assessments shall be ~de prp rata _accordinq to each Owner's
fraccl.onal i..~erest in and to the Duplex common Elements.
Assessments f~r th2 estimated Co~on Expenses, including all
. insurance except the aforesaid liability, sh~ll be due
quarterly in advance on the first days of January. April,
July and October, The Managing Agent or otr.er OWner incurring
the C08~ shall prepare and cel~~er or mail to each OWner an
i~emi%ed statement showinq th~ va~lous estim~ted or actual
exnenses for which the asse~smerits are made. Contribution
for quarterly assessments ~hall bn prorated if the ownerShip
of a Condominium Unit :;:or..mellces on a day other th3.n the first
day of a calenda~ quart"r.
Assessment5 for reasonable actual common Expenses
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,.max be'.Rd.,'bY<tij8'::~~~it.~t,\or an Owner incurring the
(t.~ Iilillllli UlClDf'<otl:Mii(tb1fi\iif~'toi':': .r;follC".:ing: Expenses .of
management I ~axes' and specialasses~nt., until separatglY
a.....edl fire insurance with extended coverage and vandali~m
and llUlI.icious lus.chief insurance with endorsements attached
is.ued in the .."",unt of the 1II8Ximum:replacement .,alue of Units
A and Bl cas11alty and ~th_ il\suranee premi_,--limd<lcap!-I\'l----
and care of e;eneral COIIIIIlOn Elements: common electrical, water, gas
and s~wer charges unless and until any or all of the above are
separat.ly Ilk!t.red; repairs and ronovationsl g"rbage collec-
tions, wages' legal and accounting feesl management feesl
expenses and liabilities incurred by the Managing Agent or
othe.r OWne. under 01: by reason of this Declaration: the payment
of any d.ficit rellUlining from a pre)Tiolls period I the creation
of a reasonable co~.~ngency or other reserve or surplus fund
as well as other costs and expenses relating to the appurten-
ant Common Elements. The omission or failure of the Managing
Agent to fix the assessment for any quarter shall not be deemed ,
a waiver, modification or a release of the subject OWners from
their obligation to pay.
18. INSORANCE. One policy of public liability inp..lr-
ance covering all of.the General Common Elements shAll be
purchased and maintained in effect at all tim~s by the ~'ners
of all of the CondaniniUlll un.lts, in an amount d.."med a,:,.,ropr:.ate
by such Owners, and the cost thereof shall be snared in.accor-
dll.....c. with such OImers' respective imdivided i"tere-,ts b. the
Real Property C01IIlIlOn Elements. Fire, casuaJ.ty anc.'. ",,,ter.ded
coveragc insurance." on the other hand. shal:, be the sole respon-
sibility uf the O!oners of Units A and B (or t!,e Managing Agent
as aboVe pr07ided) with respect to Units A a~d B. Insura~~"
co~~rage on the. furniShings, additions an~ improvements incur-
porated into a Unie and all it"ms of personal property b.~onging
to an OWner. .and casualty and public liability insuranee cove~-
age .within each undivided Unit and those L'i:nited Co"""on Elemfmts
reserved for tho .xclusivc use of a particular Uni~ ~~er shall
be the sole responsibility of the OImer thereof.
19. 2...WNERS' PERSONAL OIlLIGATIO!! FUr. PAYMENT OF
ASSESSMENT~. The amount of the Comn~n Exp~nses assessed against
or incurr.j on account of Condominiu~ Units A or B shall b~ the
persoqa1 I~d individual debt of the OWr.er thereof. Suit to
recover a money judgment for \L~paid Common Expenses shall be
~intainable by th0 Managing Agent, or any aggrieved OWner
without foreclosure or waiving the lien securinq same. NO
CWr.er may exempt himself from li?~ility for his contribution
t.."ard1l the COIllIXln Expenses by '/aiver of the use or .mjoyment
of any. of the c=...on Elements or by abandOIllil9nt of his Unit.
20. LIEN FOR NONPAYMENT OF COMMON EXPENSE:;. All sums
due or unpaid for the share of Common Expenses charqeable to
Co~uominium Units A or B. including interest thereon at eight
percent per a.tlnum, shall constitute a lien on such Unit superior
(prior) to all other liens and encumbrances except:
(al Tax and special assessment. liens on the Unit
in favor of any assessing entity: and
(b) All SUlllS unp&id on a fir.it mortga'}e or first
deed of trust of record. in~J.udinJ all unpaid obligatory sums
as may be provided by .sl1ch encumbrance. includir.g addicional
advance:!. refinance or .xtenslon of these obligation9 ",ade
thereon prior to the arising of 9ur.h a lien.
To evidence such lien the aggrieved (MDer or Managing
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{~l~!f;g~JDotl'<:iltj.t:t:iiI :':_9'"~~~iI''1iW:h unpaid indebteClness,
-~:;'~?C".;-.F:the nalDe of the~_~i':\i1~~9'.0IiIl'ii':'of::the .Condolllini\DII Unit lInd
;;r:J\~I,s./', . a dMcripticn of the Co~ni.\DII 0,1,.1'.:. Such a notice shall
'0:;',,',,',. be "icJnecl. by th.'aggrie_.. WIler or the Managing Agent, as
'.' >:.:. appr,.'pri..t!han'd ._y be_r~s;o~tiL.L~. Q.ffi".. ofH.., Clerk
and Recorder of the County. of Pit}-.in, State of Colorado. Such
lien f~~ the~ommon Expenses shall. attach from the date of
the failure of pa~~nt of the d~~t; and moj ~e enforced by
fnreulosure on the defaulting awner's Condominium Unit by tho
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 the~eof. In any, such foreclosure the de-
faulting OWner sh.ll be r~~ired to pay the costs and expenses
of such proceedings" the costs and expenses for fi1in~ the
notice or claim of li~n and all reasonable attorneys' fees.
The def:~lt~ng OWner shall also be required to pay to the
foreclosing party a reasonable rental for the Condominium Unit
during the period of foraclosure, a~d the foreclosing party
shall be entitled to a receiver to ~ollect the same. The
foreclosing party shall have the power to bid in the Condominium
Onit at foreclosure ~a1e and to acquire and hold, lease, mort-
gage and convey the same. .
Th~ &mO'xnt of the Common'Expenses chargeable against
Condominium Units A or BanG the costs and expensea, including
attorneys' fees, of collecting the same shall also be . debt
of the OWner thereof at the time the same is due. Suit to
recover a money judgment for unpaid common Expenses shall be
maintainable without foreClosing or waiving the lien securing
same.
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Any encumbrancer holding!. licn nn Condominium Unit5
A or B may pay any unpaid Common EXpense payabh with respe.:t
to such Onit, and upon such payme~t such encumbrancer s~a1l
have a lien on such Unit for the a,mounts paid of the SlU!\..
priority as the lien of his en~rance.
21. LIABILITY FOR COMI.IO~ ExPE~SE UPON TRANSFER OF
CONDOMrNIUM UNIT. Upon payment of a r~asonable fee not to
exceed ten dollars ancl. \:;>on ':he ,,'.d tten request of any O'""er
or any Mortgagee or prospective Mnrtqagee ~f Condominium Units
A or B, the Kanagj,ng A'lent or the Ot.mer .,f the other Duplex
Onit shaH issue a written stateJlle.>e set~.ing forth the amount
of the unpaid CoIIDOn Expenses, if knY, with respect to the
subject Unit, the lIIIlOunt of the \:l1rre"t quartp.r1y assessment
and the date such asseumsnt becnnes ,::ue, credit for advance
payments or for prep.'.d .' ten" ir.c1u4:ng but not limited to in-
surance premiums, which ~.,an. be concluive upon ~he issuer
of such statement in f~vor r;: a1.' peraons who rely thereon in
good faith. On1ess such re~~es~ ior . ~tat&ment of indebted-
ness is COIIlPlied wi tJo vi th.!', ten days. ,,11 unpaid COIlIII1On
Expenses wlrl.r,h bee"",,"' due pI'; or to th< iat., 0;- making such re-
qu:!llt shall be subordinate to th'll lier. of ';he person requesting
such statement.
The grantee of a Unit shal~ be jointly and severally
liable with the grantor for all .~paid assessments aqainst
the lat.l:er for his prop'~rtionate share of the COT.lf..or. Expenses
up to the time of the grant or conveyance, without prejudice
to the grantee's right to recover from the grantor the L~Ounts
paid by the grantee therefor, pro,'icied, ho.....ver, that upon pay-
ment of a reasonable fee not to exceed ten dollars, and upon
written request, any prospective grantee shall be entitled to
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.a statelllflnt trau the,~lr~\l.1{iI~ent or OWner of the other
Dupl8X,",l1i.t:;.,..t:tJ.~}f~p!.1.~u:lt of tha unpaid aBlless-
menU, il~ anY, w.'.th respe<::t:":t.o ,the :tub:lect Unit, the amount
of the current quarterly aas~ss.ent ~nd the date that such
assessment becomes due, credit for ad~ance pa}~ents or for
prepai.d itelllS. including but. not li:lIit.,d to insurance pretn~ums,
which shal.l b"l concl.us!ve I<po.r-'l:h= r~.~.....'r--cTt-suetrs=p.me.l'lt;-._----_.
Unle~s such r.quest for a stat~ment of indebtedness sh~.' 1. he
comp~ed with within ten days of such requ~~., then suc~
grante~ shall not be liable for., nor shall the Unit conveyed
be subje~t to a lien for, any unpaid assess~ents rqainst the
subject U;.Jt.
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7.2:" MORTGAGING), CONDOMINIUM UNIT - ?RIORITl:. Any
Own~r shail ha~e right from time to t~me to mortgage or
encumber his in~'rest by deed of tr~st, ~rtgage or ether
security ins trumel. t. A first mortgage shall be ene which
has first and para:n.:\Illl: priority under applicacle law. The
Owner of a (:ondo:niniu.' .Unit IUY create junior i.."rt<;ages on
the following condition~' (ll Any such junior mor~gages
shall. ahorays be subordina~,. t,o all of the terms, condi tians.
covenants, restrictions, use!.":'~ations, obliqations, lien
for cornrn"n expenses, and other ob.L .,,'<tdons created by this
Declaration. (2) The Mnrtgaqee. under allY junior mortgage
shall release, for the pW:pO$~ of restoration of any improve-
ments upon the mortgage p:re:nisE'll, all of his right, ti tle and
interesl in and to the proc~eds under all insurance policies
upon sai" premises which ir.su::ance policies we=e effected ,and
placed up".' the mortgaged pre:r.littes by the Managing Agent or
other Owners. Such r2lea~e f.::\all bo furnished !orthw... ':.ta by a
junior :n~rtglgee upon wri~ten requ&st of the Managing Agent
or owners 0< the other U~it.
23. ATTORNEY-IN-FACT l~ CASE OF DESTRurTION. REPAIR
0~SOLESCENCE. ~his Declaration hereby :nakes mandatory the
Ir.=evocabla appointment of an Attorney-in-Fact to deal with
C'~.ndominiUJ1\ Units A and B upon their destruction,' repai-:." or
c::,)':,;olescence.
Title to both of such Condominium Units is declared
6.Ild e"Pressly nlade subj I!ct to thE: terms and condi tions hereof.
and acceptance by any g:':antee of a deed from the Declarant
or from any O\("er shall consti":ute appointment of the Attorney-
in-Fact her~in provided. All of the Unit A and n OWners ir-
revocably constitute and appoint the Managing Agent, from time
to time appo;.nted pursuant to this Declaration, their true
llnd law!:ul atto:'ney in their name. place and stead for the
purl,.,,,e of dealing w1ththe propl!rty.upo~ its destructior.. re-
pair or obsolescE-nce as is hel'eafter provided. Said Attorney-
in- Fact f.ha1l have full and t'l)lllplete authorization. right and
power to make, execute anu 6eliver any contract, deed or any
)t~er instrurnen~ wi~h respect to the interest of a Conqominium
Un: t OW~er which are necessary C~ appropriate to t~e exercise
l'~ the powers herp.in 9ranted.. Repair and reconstruction of
the improvements .... used in the Bucce.,ding subparagraphs
means restoring the improvements to substantJ.ally the same
c~n&ition in which tney existed prier to t~c damage, with
eolch Unit and the General and Limi ted ColTUfton Ehmen ts "ppurtcn-
ant thereto havinq the same vet tical and ht>rJ.znntal bOlJndarics
as before. The proceeds of any insurance collt:!ctcd shall be
available to the Attorne~,-in-F:'ct f..:lr the pur.pose of repair,
restoration or replacement unl~ss the O\tl'ners of ~nits A and
B and all first mortqagee~ thereun agrp0 not to rebuild in
aecordanc(~ \I.-;,t.h 'the provisions se~.. f'U1:th hereinafter.
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. .. (a) Inthe,..~t:~ot,d~ge or descruth,n due to
,,'fl"e:otbe~"~~tt~lSrai!C. proceeds,' if sufficient
'to reconstJ:1lct the 1JIprCl'nirlDta. .Mll be a~lied by the
Attonw:ys-in-l"act to sucl: T'ecoJISuUct1or., and the improvements
shall be praaptly repaired and recor~tructed. The Attornay-
in-Pact shall have full authority, ,right and power, as Attorney-
in-Fact, to cause- U'., ~6p6i.. 6.r..a *~~L"'*a:i.':"uI-' we the' i"'t'.Lun;u~uLS--."
(bi If the insurance proceeds r.re in"ufficient to
repair and reconstrucL the improvements, such damage or
destruction shall be promptly repaired and reconstru~ted by
the Attorney-~.n-Fact, \:.:lin. the proceeds of insutallce and tr.e
proceecs of an assessment to be made against all of the Unit
A and 11 OWner~ aI'\'\ their CondOlllin~illD Uni ts. Su,:h deficiency
aSSe3Sl!l8nts shnll be a COllllllOn Expen3e and made pro rata ac-
cording to each owr..er's fractional' interest in the D""lex
Co=n Elements, III':d ~~~ll be due and payable within thirty
days after written notice thereof"' Thp. Att~rney-in-Fact s~all
have the authority to cau~e tne.repair or restoration of the
improvements using all of the insurL~Ce proceeds fer such
pu...-pose nots it.',stan.'b.ng the failure of 1.~ Owner to pay the
assess:o.ent. The as.,,,ssment provided for herein shall be :l
debt of each Owner and a lien on his CondominiWll Unit and may
be enforced and collected as is provided in Paragraph 20. In
addit10n thereto,e,e Attorney-in-Fact shall have the absolute
right and pC"'Eor to SEll the Condondniurn Unit of anj' OWner
refusing or =&iling to pay such deficiency assessment within
the time pro'ided, and if not so paid, the ).tt:orney-in-Fa::t
shall cause \ ," ;,.. ,:ecorded a notice that the CondorniniWll Unit
of th., delinquent Owner shall be sold by the il.ttorney-in-Fa-::::.
The proceee' derivnd from the sale of such COlldominiu.'ll Uni t
shall be U.E><.l and disbursed by the' Attorney-ill-Fact, in the
f:>llo.ing .: :der:
(1)
:Oor payment of the _balance of -:he lien of any
first mertgage:
For payment of taxes and speci.al a:ii,essrnent
liens in favor of any assessillH entity:
(2)
(3)
(4)
Poor payment :;,f unpaid Common ~):pe:\sfls;
Forf,;.<>yment of junior liens and e:oc;:mbrances
in "e order of and to the ex",,"t cf their
pri icy: ar...i .
(5)
Tbe balance r~ining, if any. shall be paid
to the '::or,:icr..inium Urdt OWner.
(c~ The 'OWner ~f ~~e of such Units may qive notice
to the other Unit Owner.. ~..~ units A and B are obsolete and
that the same s"ould be rene'led or reconstructed. If both
iNnerS agree/ then the e>:pense thereof shall be payable by
. l:<>th of the OWners as COIlmOn Expenses: provided, however, that
any Owner not in agreement to suct- renewal or construction may
'give wxitten r.otica to the Attorn"y-in-Fact t."at such Uut
shall be purchased by the Attorner-in-Fact for "he fair carke-:
value ther,-,of. If such Owner and thf Attorney-in-Fact can
agree on "eh" fair market v.alue thereot, then such sale shall
be ~onsu>,,"ated within thirty dnys ther~after. If the parties
are unal.J1.e to agree, t:,e date when either ~'arty notifies the
other 'chat he or it is unable to agree with the othur shall be
the "~ommellcing date" from which all ~eriods of time mentioned
h~re:i.n shall be meas:ured. Within ten days follow~,,;; ti,e
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COIIIIllencing d.te, e."ch.p'lj.r~i:;p1"all,nCll'.dn.t.. in wdtin9. and
IIi_' not:ice..of: aUCh ,~ifCiajj.tO .the. oth'lr party, an app~lli..r
who ahall be . duly .qualill.eCI."appraiaer o~ . r....ltor and be
qualified to make appr.is.la of condominium .nd simil.r prop-
~rty in Pitkin County, colorado. If either p.rty f.ils to
mak.. such . nomin.tion, the appr.iser nominated shall, with~n
five d.ys after def~ll..b:L.t.h!L2.ther DartV. aDDoint .!'nd .!'s- _.___
soci.te with him .nother similariy qualified appraiser. II
the two appraisers design.ted by the parties, or selected
pursu.nt hereto in ~~e event of the default of one party. are
unable to agree, they shall appoint another similarly qualified
apprsiser to be arbitrator between them. The decision of the
.ppr.isers as to the fair market v.lue shall be final and
binding. The expenses and fees ef such appraisers shall be,
borne equally by the Attorney-in-F.ct ard the ~~ner. The sale
shall be consummated within fif.teen days thereafter. and the
Atto~ney-in-Fact shall disburse such proceeds as is provided
in sub?ara~.aph (b) (1) through (S) of this paragraph.
(d) Owners of both Units may agree that Units A
and B .re obsolete and ~h.t the same should be sold. Such
.greement must have the unani~us approval of every MortgAgee.
In such instance. the }.ttorney-in-Fact shall forthwith record
a notice setting forth such f.ct 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 fer both
of the Owners. subject to all of the provisions contained in
thia Decl.ra\~iol'> and the Map. rhe s.les pro:eeds shall be
.pportioned among the affected Owners on the basis of each
Owner's fractional interest in the Duplex Common Elements, and
such .pportioned proceeds ~hall be paid into se~arate accounts
representing each such Condominium Unit. Each such account
shall be in the nam.. of the Attorney-in-Fact, and shall be
further ide=\,tified by the letter of the: Uni t ar.d the llame of
the Owner. ~rom each separate account. the Attorney-in-Fact
shall use anddisbQrse the total amount.of such accounts,
without contri~ution from one account to another. for the
same purposes and in the same oreer as ~rovided in subparagraph
(b) ~~) throuqh (~) of this paragraph.
24. ATTUR'WoY-IN-FACT IN C~SE OF CONOEMNATION. ~h"s
Declaration herp.by-mak~s mar,~atory the irrevocable appoint-
ment oi. ar. ~to~fle:!-!..~-Fact to deal ,dth the Project in the
Qvent of i~s ~ompl~te or partial conde~~~on. Title to all
of the Condomi~ium ~nits is declared and expressly made sub-
ject to the ter:;,:; and condi tion. hereof, and acceptance by
~ny grantee of a deed from the Declarant or fra. any Owner
shall constitut~ appointment of the A~torney-in-Fact herein
provided. Declarant heleby appoints C. M. CLARK his true and
lawful attorney in his name, place and stead for the purpose
of dealing with the Project ~pon 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 "he Real Property ::ommon Elements. such change
only .to be effective upon the recordin~ of a r.otice designAting
tho neW A':.-,o""e:rin-Fact under this Paragraph 24 in th.. l'itkin
. County. Colo:,'ado, roal property records. Said Attorney-in-
Fact shall have full and complete authorization, r1gh':. and
powe~ to make, execute and deliver any cont=act, deed or
other instrun\t~nt with \.'"espect to" the interest of ,I Condominium
Unit OWner "hic~ are necessary or appropriate to the exercise
of 1:he po~ers herein granted.
(a) Consequences of Condemnation. If at any timu
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R'<!!\1~::'",,,,, or, .t:~.id,\Irinqtlie cont1R.'linc~: o.f,' th"l CondOnU.llium OwnU~hip
. .,., ",J;\,":'l",..::puii~~f:t:ht~~'Decl.ra, . ~llJC!r allY par~ of ,t.hePl:OJect. '
t:..;:..::;~:,. shaU betaken or condelllne4' .'''.ny'publ1c authority or sold
'. ,:, i,(:" .or otherol1se dhposed of in lieu of or in avoidance thereof,
.... the followinq provisions shaU apply.
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(1) Proce.eds._ ).11 '("",,\,"m.aa.t.i..on. Aa'l'uI9a.. nr
other proceeos therefrom,' the sum of which is here-
inafter called the .Condemnation Awa~d,. shall be
payable to the Attorney-in-Fact.
(2) Complete Takinq. In the evant that the
entire Project ~s taken or condemne,!, or sold or
otherwise diseosed of in lieu of or In avoidance
thereof, the Condominium'Ownership pursuant thereto
shall termlnat... The Condemnation Award shall be
ap~ortioned amonq the Owners on the basis of each
Owner's fractional interest in the .Real. Pro?erty
COI1IIDOn P.lemen ts, provided tha t if a standard di f-
ferent from the value of ' the property as a whol..
is employed to measure the Condemnation Award in
the negotiation, judicial decree, or otherwise,
then in determininq such. shares thE. sama ~tandi:rd
shall be ~ployed to the extent it 1s relevant
and applicable.
On the basis of the\princlpal set forth in
the last precedinq subparaqraph, the Attorney-in-
Fact shall as soon as practicable oetermine the
share of the Condemnation' Award to which each
Owner is entitled. Such'shares shall be paie! into
separate accounts and disburs~d as soon as practi-
cable in the same manner.:pro"ided in Paraqraph
23(d). '
(3) Partial Takinq.' In the event that less
than the entire Project ~s ta~en or condemned, or
sold cr otherwise dlspos~J of in lieu of or in
avoidance thereof, the C~ndominium OWnarship here-
undar shall not terminat'3. Each O1.mer shall be
entitled to. a share of the Condemnation Award to
be determined in the fOllowinq manner: As soon as
practicable the Attorney-in-Fact shall, reasonably
and in qood faith, allocate the Condemnation Award
between cocpensation,oamaq"ls or ot!ler proceeds,
and shall apportion the amo'Jnts so allocated &mvnq
the Owners, as follows: la> the total amount
allocated to takinq of or i.nJCiry to ..he General
Common ~lements, Ib) the total amount allocated to
severance damaqes 3hall be apportioned to those
Co"dom.inium Units which were not taken or condarnned,
(cl ,the respective amnunts allocated t~ the takinq
of or injury to a particCilar Unit a~d/or improv=-
....nts an OWner had made within his "'wn Unit shdl
be apportioned to the particular Unit involve~, and
(d) the total amount allocated to cons~uential
c1amaqes and any other ta:dnqs of injuries shall
'~e apportioned as the J..~torney-in-Fact determines
to be equitable jn the circumstances. !f an alloca-
tion o~ the CondemnatioT, Award i:i already establish~d
in negotialion, ~udicial decree or otherwise, then
tn allocati.nq the Conoe"",ation Award the Attornel'-
"n-Fact shall employ such ...11" cation tc the extent
~t is relevant and applicable. Distribution of
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.,,'; :,.,. ,..as>po:.:t:o.OM>d s>r<lc..~,.hall be disbursed as soon
: ">."""':vract:ic:abl~",.:tb8i;A1Ile manner provided in Para-
9Uph 23 (dj . ..,.. ,,'..
(4) Reorganization. In the event a p~rtial
taking results in the taking of a co~lete Unit,
the Own~r thereo~Qm~ti~~'ly- rh~'l- ~~A~e to b~_____
an ~~er under this Declaration.
(5) Reconstruction and Repair. Arl" recon-
struction ~4d repair necessitated by condenmation
ahall be governed by the procedures specified in
Paragraph 23 hereof, in which case such paragraph
shall be constnled to apply to both Condominium
Units.
25. MAILING OF NOTICES. Each owner sh~ll register
hie mailing address with the other Owner ar.d .;<11 'lotices or
demands i"tended to be served upon any owner ~hall be s..r.t
.by either registered or certified mail, pc~tage ~repaid, ad-
dressed in the name of the owner at such registered mailing
ade~ess. 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 Mortgagee!\ pursuant hereto
sha'Ll be sent by either ::-egistered or certif:le,; mail, postage
prepolid, addressed in the name of the. Mortga'1"" 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 of the notices
provided for in this Declaration. AnY notice referred to
in this Section ,hall be deemed given wher. deposi ted i.n the
United States mail in the form provided for in this Section.
26. PERIOD OF CONDOMINIUM OWNERSHIP. ~his separate
condomini~ estates created by this Declaration and the
Condominium M~p shall containue until this Declaration is
revoxed 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. GEm:RAL.
(a) If any of the provisions of t~i~ Declara-
tion or any paragraph, sentence, clause, ~hrase or
word or the application thereof in any circumstances
be invalidated, such inv".lidity shall not affect the
validity of the remainder of this Declaration.
(b) The provisions of this Declnration shall
be in addition and supplf!1nental to thfl Condomi.nium
ownership Act of the f'tl :" "f ,:olorado and to all
other provisions of 1 I..
(e) Whunever uSf'td herein, unless thf": cor. text
shall otherwise provide, the singular nuuber shall
include the plural, the plural the sillgnlar. and
the use of any gender shall include all c;enders.
12.
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!....~;.:~~;~.;,.i.;;..:<.=;.;\~~~r.;~.~..,~tiJjw~~~~~~Pl. ~lIZlt hu d.uly executed.
r.<,'~"~Z~~o'::,,!tnl,!f;'lleCl~HO<< ~'''~~~~Y'"o~;''"'1- , 1978.
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STATE OF COLORADO
County of Pitkin
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Th~ foregoing instrument was acknowledged before
this ~ day of ~ ,1978, by the Declarant,
M. CLARK.
WITNE:SS my hand and official seal.
My commission expires:
hbAIIIr 2lI, 1982
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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 I, 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 comer of said Lot I; thence S
75009'11" E, 75.00 feet along the Northerly line of Lots I, 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' II" W 75.00 feet along the Southerly line of Lot 8;
thence N 14050'49" E 150.00 feet along the Westerly line of
Lots 8, 7 and I to the point of beginning.
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AMENDED AND RESTATED
CONDOMINIUM DECLARATION
OF
MOLLY GmSON LOOP CONDOMINIUMS
THIS DECLARATION is made as of
Lee Churchill (the "Declarant").
, 1998, by Audrey
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 I, 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 comer of said Lot I; 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 14050'49" 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 I
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 defmed 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. Names.
(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. Authoritv. The business affairs of the Condominium shall be managed
by the Association.
Section 3.2. Member Grou,ps. The Association shaH 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) acqumng 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. Powers. 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 (I) 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 Ril:hts. 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) Breakinl: 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 Dwellin~ Unit. The number of Units in the
Common Interest Community is two (2), Unit A and Unit B. Unit B contains one (I) bedroom
accessory dwelIing 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 EJWenses. The only Common Expenses of the Association are
for (a) Common WalI 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, shalI 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. Awortionment of Common Expenses. Common Expenses shall be
assessed against the Units equally.
Section 5.4. Annual Assessment/Commencement of Common El\Pense 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-Pavment of Assessments. Any assessment provided for in
this Declaration, or any installment thereof, which is not fuIly paid within fifteen days after the due
date thereof shall bear interest at the rate of twenty-one percent (21 %) per annum. Further, foIlowing
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 coIlecting upon an unpaid assessment the provisions
of Article 3 above need not apply and the non-delinquent Owner, acting alone, shaIl 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 Re~ponsibilitv. 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 Responsibility. For purposes of maintenance, repair, alteration
and remodeling, an Owner shall be deemed to own, and shaIl 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 (coIlectively 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 Common 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) Obli~ation 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,
-6-
Section 6.4 Restoration Upon Condemnation.
(a) Total Takin~. 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 Takinl!. 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
Owner 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 Neelieence: Environmental Conditions. There shaH 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 Inteerity. 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.
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Section 7.3, Restriction lJ,pon OCCllPan<;y. 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 Unsi\!htliness. 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 Dama~es. 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 Community 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. Allleases
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. Recordin~ 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
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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 ImJ;lrovements 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 Necessarv. Notwithstanding anything
in this Declaration to the contrary, whenever the consent or authorization of the Association or
Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or
authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or
authorization has obtained the consent or authorization of the remaining Owners of the Common
Interest Community.
Section 9.2. Indemnity. 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
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, "
.'
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
of21 % 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 Ri~ts of Enforcement. Each of the covenants, obligations
and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept,
discharged or performed is intended to and shall be deemed to be for the specific benefit of the other
Unit Owner. In the event of the failure or inability of the Association to enforce any provision of this
Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have
the right in the name of the Association and on such Owner's behalf or, as the case may be necessary
or advisable, in the name of such remaining Owner and on such remaining Owner's behalf to
commence, maintain and obtain judgment under an action for damages, for specific performance, or
for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting
Owner, the remaining Owner shall be entitled to such remaining Owner's costs and reasonable
attorneys fees as a part of any judgment entered for such Owner, 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
Audrey Lee Churchill.
day of August, 1998 by
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
[Seal]
Notary Public
C:ldtJ1aIClien/sIMisclMolly Gibson Loop - Amended Condo Dee
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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 tenns 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.
MORTGAGEE:
By:
, its
STATE OF
COUNTY OF
}ss.
The foregoing instrument was acknowledged before me this
as
day of August, 1998 by
of
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
[Seal]
Notary Public
C:\dataIClientslMiscIMolly Gibson Loop - Amended Condo Dee
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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
CL:J Bl!fIsan, PhlftfteI .s,.....~ ~c...s, 6' I.....,~, "'t:> 1 ~ .
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5090 Fax-920.5439
FROM:
RE:
DATE:
450 So Riverside Condo Plat
September 24, 1998
REFERRAL SCHEDULE
DRC MEETING DATE:(note time: 1:30-3:00)
ENGINEERING REFERRAL DUE TO PLANNER:
Thank you,
Sarah.
September 30, 1998
October 2, 1998