HomeMy WebLinkAboutcoa.lu.ex.A & L CompanyA & L Company
Lots 1 & 2, Block 1, Indepenr'enc
�E
X
x v :
it 4:46 T,lf,, Oct 26, 1978Loretts Banner Recorder Reception No;
:i STATLt%N r OF EXEMPTION
THE DfrINTWOFr OF SUBDIVISION
li ll3, 1t i L COMAXY, a partnership is the owner
of Lot 1, and AUDRU P. HERiiJ►M is the owner of bot 2,
both located in Block 1 of the Independence Subdivision
as Shown QW; the Plait zocoxds$ as Docuoent 9=1e er 10S$9 S in
bdtcb. Sook 2 A at rage 234, aid,
1893S S, there exists as said property a duplex strw.
taro in which the applicant wishes to separate interest
dthopt parceling the land an which said structure is
altmete, and,
WORY&M, there has been made an application for exemp-
tion fresi the definition of subdivision for such conveyance
of interest pursuant to Section 20-19 of the limper Municipal
OD". and,
iS, the Aspen Planning and Zoning Coismission
has determined that such exertion is appropriate provided
that:
1
a. The existing Tenants are orsnted a right of first
refusal should the Owner decide to well.
b. if that right of firm refusal is not exercised
the Tenants are granted 190 days notice after the
sale of the unit to vacate the premises.
a. Neither of the &*Ili" waits. shall be leased
for a< period of less .than 'S smooths except. ibr two
short m r tat-- ^t *.
MIESYM, the City Council her found the proposed
division of interest in the existing structure to be vithout
tip- intents and purposes of subdivision regulation provided
that the constraints imposed in subsections a, b, and c, !
above, proposed y the Planning and Zoning Cost:scion,
be s►aintainad. i
TBEREFORE, the City Council of the City of Aspen
does hereby determine that the proposed division of ,{
interest in the duplex structure situate on the above -
described land is without the intents and purposes of
subdivision regulations, and does, for such reason, grant
an exemption from the definition of subdivision for such
action,
I
f
"7M
2-
J
W357 tuW'
PROVIDED, HOWEVER, that this grant of exemption shall
at all, times be conditioned on compliance by the applicant,
his heirs, assigns and successors in inter-st, with the
itions with respect to extension, replacement and
contzibution to the cost of public impr(vements and leasing,
it4mixed in subparagraphs a through c above; which conditions
shall be a covenant running with the land and burden
the same.
197
mar
1, XATKM S. HAUTEP, do certify that the forog-Ang
Statewtat of Exemption from the definition of Subdivision
was considered and approved by the Aspen City Council at
Its regular nesting hold /I onat whi,"h
time the Mayor, STACY STANDLET, 111, was authorized to
execute the same on behalf of the City of Aspen.
"OC.
We
tt
i
�.
RiinesdaQ at 414S i.#.. Ott 26, 1976 Losetts Yasat Rscoide!< Nes►t3oo MWlsce. �+
to
FOR,.
43 .
Y^�,
ti
A` L UEV .7YidJ:i2'I' 'ANY. a partr+e::ship,
the owner of lot 1 -end ANDREA P. RF:R,VARD is the o:rner of Lot. �
2, both locate! in Block 1 o: the lna"pend-nce Subdivision
as sh,�n on the Plat recoroed as Uocu"At PumLos ID5S95 in
oa
w. Ditch Book 2 A at page 234, hereafter both referred to as. �
"Declarants";
x ' WSERL'A5, Declarants desire to establish a condominitm
project under the Condominium ownership Act of the state of-
Colorado= and,
D*c!=.. rats have purchased a building and oth �-
4
improvements appurtenant thereto previously constructed OB
is the above -described property which shall consist of two
C
separately designated residentia3 condeninium apartment _-
units; and,
WHEREAS, Declarants do hereby establish a plan for the
c, ownership in fee simple of real property estates consisting
of the area or space contained in each of the Condominium
Units in the building improvement, and the co -ownership by
the individual and separate owners thereof, as tenants in f
w
r common, c%f all of the remaining real property hereinafter = i
7 -
defined and referred to as the Common Elements;
HOW, ,HEREFOtta, Declarants do hereby publish and declare
"- chat the following terms, covenants, conditions, easements, � s;
r restrictions, uses, limitations and obligations shall be ~'
' deewed to run with the land, shall be a burden and a benefit
}
d to Declarants, Declarants' heirs, personal representatives, k
successors and assigns and any persons acugiring or owning
an intere,t in tha real property and id?ro✓ecaents, their i
grantees, successors,
hairs, executors, administrators,
A,t• d:�visrees or assign:;. '
.:.
1. dEFlrritIo�ta. Unless the context shall expressly
provice a..-,viv;iss, the followinq definitions rhall apaly:
(a) ., 1rtw.al�'� or *U.Ilt" :^ea-s an is dt-,ridual air
space which is contained within the %=! nis::ed
1
c:aiLi�s,t:, .....?,,,.. ..., ..t :: i,v•:11ir:y ..,iitti
in t`us ti :t 4 Niny ag it :V1 t h.: k.-p and -�n/ rtslaatkrd
i
;imp to k _hied f.ur. ")cu, ' (' WtitNtC li., :} i ,
� .:t ►.1ur.:i.h cnntefnc�rL ?,itt (
not inn1fa'iinq ;:ny of t :t :,► r+t„tut it 'ti:rsy�•�r►at�f et o[ 1
tho bsil4laq, iL vs.br.t.:t it unit, and inclutiin �
(b) "Condwninium ul►f'01 tl&ons an apatrt en1. to"04T ,
with the sndi vided i - t er00t, i n the CW*,3ra# at."►4 .L1P 4k*d"
Cc».►a•. Zleu+tmnLa a;ipt.s -,nant to srtch apsrtt ell.
(c) "Owner" means a :>_ rson, tiria, corpora! ic'n,
partner hip, art5oci:-+_ion or other loyal enti4y. Or
any combir:ation thece^t , owning one or r+ore Condo-
minium uric.:; the term "Owner shall not rsfa•r to
any Fhrtgsgee, as herein defined, unless such
ftor,gagee has acquire title pursuant to foreclosure }
or any procceding it. lieu of foreclosure. tj
(d) "Mori:gage" ream• a-!y mortgage, deed of trust,
or other security in:.truxmnt by which a Condo.s:tnitwa
unit or any part thereof is encumbered.
(e) "Mortgagee' means any person natar<-d as tha
Mortgagee nr beneficiary under any mortgage which
encumbers the interest of any Ovnar-
(f) "Cowm-)n Elea►-_r.ts" means:
(1) The real property upon which the bLildlag
is located.
(Z) The foundation, Columns, girders, beans,
supports, main walls, roofs, cravlspaces, exterior
building surfacers and any "party wall" as shown an
the Map.
(3) The installations consisting of the equipment
and materials making up the central services such as
tanks, F.i.--Ips, motors, fans, compressors, ducts, power,
sever, light, gaa, hot and cold water, heating,
ventilatiAg and air conditioning ard, :n general#
all apparatus and installations existing for common
use;
(4) Such partly or entirely enclosed air spaces
as are provided for community or common use;
(5) All other parts of the property necessary
or convenient to its -2xistettce, maintenance and
safety or normally in common use.
(g) "General Co -..=on Elements" means those parts.
of the CoTswn Elements which are not designated as
"Limited Cntrmon Elements."
(h) "Limited Common Elements" means those parts
of the Common Elements reserved for the exclusive use
of the Owners of less than z.11 of the Condominium
Units in the building. The surface and airspace
above the portions of the ground designated
"Exclusive Use Area" for the; respective Units are
Limited Co=ton Elements.
(i) "'Entire Premises", "Prem.ises% "Project" or
» " nd includes the land, the building,
r
Property means a .,
all improveTents and structures thereon, and all
rights, easerents and appurtenances belonging thtreto.
E
Mti
Iriean-; -And LiiClU' �_S'
(1; All sum.3 Liwfully anr --scd againnt. this
General 0j_.son Sleuu•nt_n;
(2) L,:portze* 93- adalnt —YaLion, and manly tit,
"i tall
y� �ce�aeat off; t Me Creuwxdl
(3) Er_pens-+s dec' ared common exi"Ges bi the
Unit Owne-s.
(k) "?Sap' i::ean:i the Condominium !lap ;referred to in
paragraph 2 below.
(1) `Buf iding' means the building irmproveateat,
comprising a part of the property.
(cot) The title "Pang ing Agent' shall refer to the
person, firs or entity which may or shall be
selected and appointed by the Owners of the
Condominium Units in accordance with the provisions
of Section 14 of this Declaration.
2. COMMINIm IMP. Declarants shall cause to be
filed for record a Hap. The clap shall depict and show at
least the following: The legal description of the land and
a survey thereof= the building and the location of the Units
within the buildings the perimeter boundary.of each fait;
the Unit numbers or other designation. The Map shall contain
the certificate of a registered Colorado land surveyor
certifying that the Map substantially depicts the layoct,
measr_ements and location of the Building, the 'units, the
shalt designations, the diretasions of such Units and that the
jbp ins prepared sabsegnant to substantial e0woUtion of the
improvements depicted.
is iatt rPIreting tbs. Condominium Ilap the existum Reseal
boundaries of each Unit,es constructed shall be conclusively
presumed to be its boundaries.
3. rTVISIOV_ OF PROPERTY INTO COI:MMINIUM UNITS. That
real property is hereby divided into two (2) separate fee
r.imple esta �s, each such estate consisting of the separately
designated units and the undivided interest in and to the
general common elenents appurtenrit to each unit as is set
forth on the attached Exhibit "A", which by this reference
is made a part hereof. Each such unit shall be identified
f
on the flap by number and building symbol as shown on Exhibit
"A".
4. LL!LTED CO%LKON ELEMENTS. A portion of the General j
r: I
E
Cofz=on Elcments is set as ic'-- and re32rved for the exclusive
' F
3-
r
ttse of t". ow--•.-7.1 of e,atAl III c i'i, :�,.;h
0
b.•inq the L.imit�--1 Co:_-ron Fltveyunts. 44
aa%7 t'.M
i
i�
The Li:.it•_sl Co:.4N.)n i:-trment!,; ret;1:rvc•d for the exclusive
1
use of the individual 9, � shall be idratified on the MR,
ae►d sats►1I. wttl L f, > s Oftre, be tl*'Limifed Cmmon
1 a
Elements associated and used with the Apartment Unit to
i
which each such j1�-_!nt i-i asargncd on the Map. All
i
Limiter' Coma:on Elements shall be used in connection with the
i
particular Apartr+ent Unit to which it is assigned on the
Map, to the exclu=ion of the use thereof by the Owner (s) of
other Units exce-pt by invitation. All of the owners of
condominiums units in this condominium project shay_ have a
non-exclusive right in common with all of the other owners
to use of aidawalks, pathways, roads and streets located
within the entire condominium project, if any. No reference
thereto, whether such limited common elements are exclusive
or non-exclusive, ne--a be made In any deed, instrument of
i
conveyance, or other instrument. ate'. referee is maze to
the provision of paragraph 6 of this Declazltion.
S. INSEPAT,tAHILI?Y OF A UNIT. Each Unit and the
I
undivided interest in the Genera. Common Elements and the
f
Limited Common Elements, if any, appurtenant thereto shall
i
be inseparable and non-partiticnable and may be conveyed,
leased, encumbered, devised or inhscitcd only as a
Casdoasiniu s Wt. _
i.. 16fE'TMD OS DESC'A p"Co. Evers contract for the
sale of a enndo.dnium unit and every other instrument affect-
ing title to a condominium unit may described that
condominium unit by the unit number and building designation
shown on the Condominium :tap appearing in the records of
tie County Clerk and Recorder of Pitkin County, Colorado,
in the following fashion:
Condominium Unit ,
according to the Condominium I -Lip
appearing in the records of the County
Clergy: and Recorder of Pitkin County,
Colorado, in Book , Page
i
Such d-�:_:ription will bs construed to describe the unit,
tojether with the appurtenant undivided interest in tha
co. -,.•non elements, and to incorporztfi all the rights incident
to owner�;hii of a condor Ln ium un ` t .+nl i-. ' 1 the limitations on
i -
f
Mal hid,1
such ownership"ae his Declaration. , -
TM
Declarants shall give grit l fce to *60 7 ir'of
litkin County, Colorado, )f the creation of caodominiuli
ownership of this property, as is provided by :lawi so that
each Unit and the interests appurtenant thereto shall be
deemed a separate parcel .,nd subject to separate assessneeats
and taxation. In the event that for a period of t1*6 any
taxes or assess+eents are not separately assessed to each
unit owner, but are assessed on the property as a whole,
h
then each unit owner shall pay his proportionate share
thereof in accordance with his percentage ownership of the
general r,m -m-n elements.
t
S. TITLE. A Condominium Unit nay be bead and owned
by more than one person as joint tenants, as tenants in
eoaaaon, by any legal entity, or in any real property tenancy
relationship recognised under the laws of Colorado.
!. WUPARrITIONAMITY OF GMMRAL COMM 'flte
General Common Elements shall be owned in ccmm m by all of
a* awwsre of the dparts"t ftnits good Shall rein
Ma so Owner stall bti.eq ate sat"m to®t ` partition sac ii ielaa
of the ftneral Ccemon alements. Nothing contained bsrais
shall be exmstrued as a limitation of the right of equitable
partition of a Condominium unit between the Owners thereof,
but such partition shall rat affect any other Condominium
Unit. r
10. USE OF UNM; GENERAL AND LIMITED COMM SLEMEM.
Each owner shall be entitled to exclusive ownership and
possession of his Apartment. Each Owner may use the General
and Limited Common Elements in accordance with the purpose
for which they are intended, without hindering or encroaching
upon the lawful rights of the other Owner(s).
11. uss AND OCCUPANCY. Each Condominium Unit may
be used for any lawful purpose.
J
. y j
'.
ny.
a
N
'I
12. EASt24F.N:S MR LNCP(): V1F-WS. If any portion of '
the General Cow.on Elements now or he_eafter encroaches upon
AWJaw�� �i,!ta�T?d..��+t 4fee, -the enC"Fiobh;*
the maintenance of some, so J.ng as it stands, shall and does
exist. If any portion of an Apartment now or hereafter
encroaches upon the General Common Elements or upon the
adjoining Apartment, a valid easerznt for the encroachment
ti
and for the maintenance of sar:e, so long as it stands, shall
and does exist. For title or other purposes, such encroach -
went and easements shall not be considered or determined to
be encumbrances either on the General Common Elements or the
Apartments. The foregoing shall apply, as well, in the
event of the partial or total destruction of the building,
either of the units or oti.er improvements comprising all or
a :%art of the general common elements and the subsequent
rebuilding or reconstruction thereof.
13. TERMINA?ION OF MECHANIC'S LIEN RIGHTS AND INDEMNI-
CATION. No labor performeai or materials furnished and
incorporated in an Apartment with the consent or at the
request of the Owner thereof or his agent or his contractor
at subeontraebur shall be the baaie for filing of a lien
a"jgst the Apartment of any other owner not e:prasslp
CoassntUl to or requesting the sans, or against the General
Cow Elements awned by such other Owners. Each Owner
shall indemnify and hold harmless each of the other Owners
from and against all liability arising from the claim of any
lien against the Apartment of any other Owner or against the
General Common Elements for construction performed or for
labor, materials, services, or other prodvcts incorporated
-.` in or otherwise attributable to the owner's Apartment at
such Owner's request. Notwithstanding the foregoing, any
mortgagee of a condominium unit who shall become an owner of
a condominium unit by deed in lieu of foreclosure shall not
:. be under any obligation to inderi.'�ify and hold harmless j
... . ram. �+. ♦,�� - fir �-
t. r T _
arty other c+ntner ..gains.. li.�biiit,• for claims. ari.sfa9 prior
to th-.3 dat_ such octq:xge.� t�P.r;vma an
14. ADMINISTRATION AND HANAGEIPIENT. Each Owner shall
manage his Own Unit and share managenw.nt of the general
ehpasnt as- :the oWOW •g inlhs ,' +usloas tie '
f:
O.mers of both Units agree upon the appointment of a Managing
Agent to administer both units and the common elements.
i
Notices of Appointment of the Managing Agent by the Owncrs..
of Units hereunder shall be placed of record by the Manager.
insofar as required by law or practice. In the event tpf any
dispute between the Cwwrs concerning Vw management of the
conimon elements, such dispute shall be resolved by arbitrations
a in the following manner. Each 00:.ner shall appoint one
earbitrator and the two arbitrators so selected shall choose I
N t
a third arbitrator. Vae dispute shall then be presented to
these arbitrators in accordance with the rules of the American
Arbitration Decision, with a majoritj; decision binding -
IS. RESERVATION FOR ACCESS-14AINTEFANCE, REPAIR AND
EMERGEPCIES. The Owners shall have the irrevocable right to
have access to each Apartmc•r.: or the Limited Common Elements
appurtenant thereto from time to time during reasonable '
t ,
hours as may be necessary for making emergency repairs �
therein necessary to prevent damage to the General or Limited
Common Elements or to another Apartment. If a Managing Agent
is appointed, the Managing Agent shall have the irrevocable
right to have access to each Apartment or the Limited Common
' 4 McAtcs appurtenant thereto front time to time during i.Vascn
hours as spy be necessary for the insr,artion, maintenance,
i
repair or replacement of any of the Wneral Common Elements
thereon or accessible therefrom or for waking emergency
repairs therein necessary to prevent damage to the General
i
or Limited Comnor Elements or to another Apartment.
Damage to the interior of any part of a Unit resulting i
from maintenance, repair, emergency repair or replacement of
any of the General Common Elements or as a result of emergency;
i
repairs within another Unit of an Owner at the instance of
another Owner shall be a Common Expense of all of the owners;
provided. however, that if ouch d:.:.aga is the result of the
negligence of a Unit Owner, then such Unit Owner shall be
responsible for all of such damage. I
U.
W ,
17�
A'.
T 7IT26. _
0 IN
OM31.0' MAXI.T'� R
E T '313 r d
E3PON LTTY. For purpose
f
Omaintena.,c;Q, ro -�pai;-, alteration and rew)(tel inq, an Owner
Y:
shall be deemed to own the exterior surfaces of such Owners#
Unit the limited comon vle..ierts assigned thereto, and
MfA 494 Aqhawz�,.�A~JAW 0"Upporting walls, thq Nat* vials
7777
such as but not limited to plaster, gypsum dry walls,
pan;:., I i ng, wallpaper, brick, stone, paint, wall and floor
tile, and flooring, but not including the subflooring making
upon the finished surfaces of the perimeter walls), ceilings
and floors within the Unit and the Unit loors and windows;
provided, however, that in exercising such re-v-.,nsibility
or any right granted under this paragraph no repair, aitf-jatio'n,
reatodeling or maintenance thereof shali modify the appearance
or color scheme of the exterior improvements as they may
exist from time to tine by agreement of both of the Ovinero,
without the written consent of both of the Owners. The
Owner shall not be demed to -:wwn any utilities running through
his Unit which serve more than one unit except P& % I-enant
in cosuaon with the other Owners. Such right to repair,
alter and remodel shall carry the obligation to replace any
it
finishing materials removed with similar or other types or
kinds of finishing materials of equal or better quality, and
to maintain the exclusive use are: in neat and c1tan co-.'Aition
An Owner shall maintain and keep the interior, together
with exterior surfaces and other non -interior are" for
which he is responsible as provided above in this paragraph
16 of his own Unit and the Limited Common Elements Appurtenant
thereto In good taste and repair, including the tixt2res
thereof. All fixtures and eq,iipment installed with the Unit
commencing ot a point where the utility lines, pipes, wires,
conduits or systems (which for brevity are hereafter referred
to as *utilities") enter the Unit shall be maintained and
kept in repair by the Owner thereof, provided, however, each
Owner shall be responsible, at his expense, withl6oat limitation,
for the maintenance, repair and replacement of all portions
and components of th solar heating constituting a limited
common element appurtenant to that owner's Unit regardless
of where situate.
a, u .tr t y, ��>y = 4 f ix r G. r -f Y Y ♦ I:: ;y, `''
17. co,?NJA*7."� t42T11 F.,n1tS1(,33 Of- 1)FCt.:,PATJ0N. Path
Owner shall comp.1y strictly with thn provisions of this
i
Declaration as the Same may be lawfully amended from time to
tims. Failure $o t4 1 abali be; . � grounds _c.mr an action
or
both, maintainable by the Managing Agent by as aggrieved
Owner, or assessable as though Common Expenses.
IS. REVOCATION OR AMENDMENT TO DLCLARATION. This
Declaration shall not be revoked nor shall any of the pro-
. �
visions herein be amended unless the Owners of both Units,
and all of the holders of any recorded first mortgage or
•i
deed of trust covering or affecting any or all Condominium
Units consent and agree to such revocation or amendment by
�i instrument(s) which shall be duly recorded.
19. A.SSESSNEUr roll COMM EXPENSES. The owners shall
share the Common Expenses which shall be necessary to keep
the project in good and attractive condition in proportion
to their fractional interez's in and to the General Cosmmmon
Elements. All such cownen expenses shall be agreed upon `� k
1 { by the Owners in accordance with paragraph 14 hereof. if
a Managing Agent is appointed by the Owners, the Owners shall t
be obligated to pay all assessments to Common Expenses
imposed by such !Managing Agent in accordance with each 1�
Owner's fractional interest in and to the General Common
Elements. Assessments for insurance premiums shall be based
upon that proportion of the total premium that the insurance
carried an a Condocairtium Unit bears to total coverage.
Assessments for the estimated Common Expenses, including
iftsw "cel. shall be due monthly in advance a& the ;irs
r df oack ipoe►ih. The Managing Agent incurring the c6st shall
prepare and deliver or mail to each owner an Itemized mmwesewthly
statement showing the various e'atlmmat%d or actual expenses
for which the assessments are made. Contribution for monthly
f �
assessments shall be prorated if the ownership of a Condominiums
Unit commences ::n a day other than the first day of a month.
Assessments for the reasonable actual coomon expenses
may be made, by the Managing Agent, among other things, for
the following: expenses of management; ta••es and special "
� Y
j
assessments, until separately assessed; fire .insurance with '7J•
extended coverage and vandali ,m and malicious misc!'ief
�1
:.'
I �
'
.,
r
insuran'.'i iLt!j . ? :r eM^_nt g ,` .':','f 7 :.#1C' a'wunt of '.
the maxilr•um repl.a,:ewent valua- (.if ail oc tho Condominium
Units; casualty and publi•. Iiahility and other insurance r
premiums; lan0 scaping and care of grounds which are general
COMM
• OAAMent# : t : $At -,a t hai,ayt that landscaped areas
which a limited common element shall be the responsibility
of the unit owner to which that area is appurtenant, the sama
shall always be maintained in the fashion provided in paragraph
16 hereof with respect to unit interiors; common lighting
t
and heating; repairs and renovations; garbage. collections; !
wages, water charges, legal and accounting fees; management i
fees; expenses and liabilities incu-red b•• the Diana in
g g
Agent or other Owner under or by reason of this Declaration;
the payment of any deficit regaining from a previous periods
the creation of a reasonable contingency or other reserve or
a surplus fund as well as other costs and expenses relating to
the General Common Elements. The omission or failure of
Nana -Bing Agent to fix the assessment for any month shal_ iot be
i deemed a waiver, modification, or a release of the owners
Ffrom their obligation to pay. No improvements shall be made
i
to the common elements without the written consent of both
of the Owners.
20. INSURANCE. The ManaCing Agent or Owners shall
�A obtain and maintain at all times insurance of the type and
;:� kind provided hereinabove, and including for such other
11
r
risks, of a similar or dissimilar nature, as are or shall
hereafter customarily be covered with respect to other
I'
Apartment or Condominium Buildings, fixtures, equipment and
personal property similar in construction, design and use,
issued by responsible insurance companies authorized to do
business in the State of Colorado, and as shall be satisfactory
to all holders of first mortgage and first trust deeds
encumbering the units. The insurance shall be carried in
blanket policy form na;zing the Owners as the insureds, which
' policy or policies shall identify the interest of each
Condominium Unit Owner (Owner's name, unit number, the
appurtenant undivided interest in the General Common Elements),
and which s:aall provide for a standard, no::contributory
Mortgagee clause in favor of each first Mortgagee, and shall
further provide that it cannot ba cancelled by either the
if
t
I
x
•'^sue r .. .. •� ^ `
h>liftsured or the Insurance con+parsy. ur:t i l a f t e% ton clays r
'Written notice to each first -k>rtgagv-t. Thl! Mun-.,ILi..i Agc,rlt
.or Owners, upon request of any first Mortgagee, shall furnish
a certified covj of such blanket policy and the separate
e�1t> If l,IE identifit A.I� Cest of the :mortgagor.
Ail policies of insurance shill provide that the insurance
thereunder shall be invalidated or suspended only in respect
to the interest of any particular Owner guilty of a breach
of warranty, act, omission, negligi-nce or non-payment of the x
insurance premium anplicable to that O.+wner's interest, or
who permits or fails to prevent the happening of any event,
whether occurring before or after a logs, which under the t
provisions of such policy would otherwise invalidate or
i
suspend the entire policy, but the insurance under any such i
policy, as to the interests of all other insured Owners not
guilty of any such act or ocaiasion, shall not be invalidated
or suspended and shall remain in full force and effect.
Unless the Owners otherwise agree, detereination of maximum
replacement value of all Condominium Units for insurance
purposes shall be made annually by one or more written
insurance appraisal provisions of such policy would otherwise
invalidate or suspend the entire policy, but the insurance
under any such policy, as to the interests of all other !
insured Owners not guilty of any such act or omission, shall
not be invalidated or suspended and shall remain in full
force and effect. unless the Anvers otherwise agree, deter- !
urination of maximum replacement value of all Condominium
Units for insurance purposes shalt be malt annually by one
or ware written insurance appraisals, copies of which shall
r
be furnished forthwith to each Mortgagee of a Condominium
Unit. In addition, each owner shall be notified of such
appraisals.
Insurance coverage on the furnishings, additions and
improvements incorporated into a Unit and all items of ;
f: personal property belonging to an Owner and casualty and i
public liability insurance covers7e within each individual
Unit shall be the responsibility of the Owner thereof.
21. OWNERS' PERSONAL OBLI(•,TtON FOR PAYMENT OF
+� ASSESSMENTS. The amount of the Common Expenses assessed
!' against or incurred on account of each Condominium Unit i
-11-
i4���:-.Wiar.� A1Y1 a'�"."4v v3R.1lT'ar' 11a�•v .+� 4�f+ - wll� ...
sha.'.l be --J end i~ L .,1 c!7hl of thw_ caner '
thereof. Suit to recovar a money j udgm -nt for unpaid common P
expenses shall be maintainable by the Managing Agent, or any
aggrieved Owner without foreclosure or waiving the lien
siecsrfng some, no owneimhimself frost LihDilityjj
for his contribution towards the Common Expenses by Waiver �
of the use or enjoyment of any of the Common Elements or by Y
C►3
abandonment of his Unit. r
22. LIEN FOR NONrAYMENT OF COMMON EXPENSES. All sums due
but unpaid for the share of Conm�on Expenses chargeable to
any Condominium Unit, including interest thereon at eight
percent per annum, shall constitute a lien on such unit
superior (prior) to all other liens and encumbrances except:
(a) Tax and special assessment liens on the
Unit in favor of any governmental asiesssing
entity; and,
tb) All sums unpaid on a first mortgage or first deed
of trust of record, including all unpaid obligatory
mums as may be p..%,vided by such encumbrance, including
additional advances, refinance or extension of these
obligations made thereon prior to the arising of such
a lien.
To evidence such lien the aggrieved Owner or Managing
' Agent may, but shall not be required to, prepare a written
notice setting forth the amount of such unpaid indebtedness,
the name of the defaulting Owner of the Condominium Unit
and a description of the Condominium 7nit. Such a notice
shall be signed by the aggrieved Owner or the Managing Agent,
as appropriate, and may be recorded in the office ^` the
Clerk and Recorder of the County of Pitkin, State of Colorado.
Such liens for the Common Expenses shall attach from the date
. of the failure of payment of the debt, and may be enforced
by foreclosure on the defaulting Owner's Condominium Unit
by the aggrieved owner or the Managing Agent in like r.armer
as a mortgage or deed of trust nn real property upon recording of
a notice or claim thereof. In any such foreclosure the defaulting
Omer shall be required to pay the costs and expenses of
such proceedings, the costs and expenses for filing the
notice or claim 3f lien and all reasonable attorney's
fees incurred in enforcement of the lien claim. The
defaulting Owner ;hall also be required to pay to the
foreclosing party a reasonable rental for the Condo-iinium
-12-
A
N1
"5�_+ -iyI yM:74 'y ^}" YTj. ' +-`1' �' r:1F j^%'. i an'.^ '.Y4• / 4.
if
Unit dur i ity tine pl.- i.od 01."l03ute, aru1 1-he i urvclogiwj
part•.• shall he entitled to a re<•c•.i Jtr to col lf'-c>_ the sane-
s
Tire. foreclosim, party rsh,tl h.tLe th(: power to bid in the
s.
raitsiiim tln t., at "ri> sale and to atgsdre and
_
hold, lease, r:ortgage and c5WWey same -
Tim amount of the Common Expenses charcteable against
each Corido-ninium Unit an•t t•J)e coats and expenses, including
1
attorney's fees, of collecting the sable shall also be a '
debt of the Owner thereof at the time the sane is due. i
Suit to recover a stoney judgment for unpaid Corson Expenses
:.
shall be maintainable without foreclosing or waiving the lien,
securing same.
rAny
mortgagee holding a lien on a Condominium Unit i
{
may pay any unpaid Common Expense payable with respect
to such Unit, and upon such payment such mortgagee shall
'- "'
3
have a lien on such Unit for the aaounts paid of the same
priority as the lien of his encumbrance.
�
23. LIABILITY FOR Cotes EXPENSE UPON TRANSFER OF
COM"IMIUM UNIT. Upon payment of a reasonable fee not to
exceed ten dollars and upon the written request of any Owner or
�
U
t
of any Mortgagee or prospective Mortgagee of a Condominium Unit,
the Managing Agent or the Owner of the other Unit shall issue
a written statement of facts known .to him, expressly or con-
structively, setting forth the amount of the unpaid Cow
,.
;:..J
Expenses, if any, with respect to the subject Unit, the
-,-
}
of the current monthly assessment and the data'svch asodas-'.
�,Y
.
went becomes due, credit for advance payments or for prepai8
44'
`,'✓
items including but not limited to insurance premivats, which t
j
11'
Y'
shall be conclusive upon the issuer of such state-nt in favo
of all persons who Lely thereon in good faith. Unless
such request for a statement of indebtedness is furnished with-
�,
in ten days, a1i unpaid Common Expenses which become due
prior to the date of making such request shall be subordinates
'
to tbQ lien of tAie mortgagee requesting such statement.
The grantee of a Unit shall be jointly and severally
j
liable with the grantor for all unpaid assessments against the
latter for his proportionate shire of the Common E)enses :e
1
"
ti
-13-
;
�1
•
AAMP
1:7 to th'i t-. jr1c, of i tYJ•lc �re1.,C�iC.►3
,
t
to the rra„tcc�':: ric tit to rr t,
1 xl�•�r t: <„�► t .e graatai the :,;+►punt•..; ,
paid b•r the gi_ttltet. ttlerefr)r; pruvidA, huwever, tbat upon
Pays t of ai `ko.44%OmAte fee ftot to exojed ten dollars,, and
upon written requ^st, any prospective gr:,nt^c shall be '
t
entitled to a 3tater.,t:nt from the Managing Agent or Owner
of the other Unit of fa.:ts known to hits, expressly or
,
constructively, settinq f•,rth the anount of ..he unpaid t
assessor ents, if any, with rt_::p:7ct La the s►lhjcct Unit, the ,
amount of the current monthi.. assessment and the date that
such assessment becomes dl,.., . redit for advanced paymes,ts
or for prepaid items, including but not limited to insurance It
premiums, which sha'1 be conclusive upon the issuer of such
i
statements. Unless such request for a statement of incebced-
ness shall be complied with within ten days of such request,
then such grantee shall not be liable for, nor shall the
Unit conveyed be subject to a lien for, any"unpaid assessments
against the subject Unit.
24. NiOWMAGING A CONDOMINIUM UNIT PRIORITY. Any
Owner shall have the right from time to time to mortgage or
1
encumber his interest by deed of trust, mortgage or other
a
security instrument. A first mortgage shall be one which
has first and paramount priority under applicable law. The
e
Owner of a Condominium Unit may create junior mortgages,,on
i
}
the following conditions: (1) any such junior mort a es
t
p g 9
F shall always be subordinate to all of the terms, conditions,
covenants, restrictions, uses, limitations, obligations,
;i lien for common expenses, and other obligations created
E by this Declaration; (2) the mortgagee under any junior
t•
mortgage shall release, for the purpose of restoration
;s
of any improvements upon the mortgaged premises, all of
I:
his right, title and interest in and to the proceeds under
1
all insurance policies upon said prenises which insurance pol-
Iicies were effected and placed upon the morbt aged premises
by the Managing Agent or other Owner. Such release ,hall
i
be furnished forthwith by a junior mortgagee upon
written request of the Manaq:nq Agent or the Owner or
either of Lhem.
I --14-
.roti
25, RI(It! Of FIRST IZFUSAL B_" GANERS. In the event
any awner Of'a Coadominius Vnit, including the Declarant,
ac
I Afora � }��
�( ^T
3
a.bona fide offer therefor
fiaia'a prospective purchaser or tenant, excluding an offer
teat the Owner, the se>Iinq or leasing Owner shall give
Wrltt*D notice thereof t4 the remaining Owners *.agether
t,
With a oopy of 6006 offer aad : W terms thereof. The . remaining
�
hownern, inavidnally oe collectively, shall have the right
ba purchaser or lease the subject ►7nit upon the same term
�anid Conditions as set forth in the offer therefor, provided
I'vVitteft notice of such election to purchase or leave is
+
11given to the selling or ZEasinq Owner, or his agent, together
fwith a matching dkxm payment or deposit during the twenty
(20) day period immediately following the receipt of the
Cm of the offer to purchase or lease. The right of first
refusal herein provided shall not apply to leases or sub-
leases having a term of less than one year and one day.
In the event any Owner shall attempt to sell or lease
ibis Condominium wit 4ithout affo
rding to the other Owners ,
the right of first refusal herein provided, such sale
or lease shall be voidable and may be voided by a certificate
Of =rAoaVliance of the Ptanaging Agent or aggrieved Owner
d"T Vie$, is t" reoording office where the DeclaratlAai
However, in the event the Man6ginq Agent or aggrieved
Owner have not recorded such a certificate of noncompliance j
,+ithin one year from the date of recording in the case of a
'ced delivered in violation of this paragraph and within
one year from the date of possession under a lease executed
In violation of this paragraph, such a conveyance shall be
conclusively deemed to have been ,wade in compliance watt
this paragraph and no longer voidable.
The subleasing or subrenting of an apartment shall be
subject to the name limitations as are applicable to the
leasing or renting thereof. The liability of the Ovmer under
these covenants shall continue, notwithstanding the fact that
:he may have leased or rented said interest as provided herein.
-15-
i
I
,.
.n < ,... ,y,+l��✓` a f, L1N.'�.{'.� ;[, �. .Syr�'�✓Fi ��' ` r, i
In no case shall the right of first refusal reservM
herein affect the right of an owner to subject his Condominium
,
Unit to it trust t or other security instrument.
Thy iicjit of Mast 'rrl,. as provided herein,. shall
j
extend and run for the life of
26. EXEMPTION FROM! RIGHT OF FIRST REFUSAL. In the
event of any default on the part of any Owner under any first
i
mortgage which entitles the holder thereof to foreclosure
same, any sale under such foreclosure, including delivery of
a deed to the first mortgagee in lieu of such ioreclosure, shall
be made frea and clear of the provisions of paragraph 25,
and the purchaser, or grantee under such deed in lieu of fore—
closure, of such Condominium Unit shall be thereupon; and
ther.:aftex subject to the provisions of this Declaration.
If the purchaser following such foreclosure sale, or grantee ands
deed given in lieu of such foreclosure, shall.be the then
holder of the first mortgage, or its nominee, the said holder
or nominee may thereafter sell and convey the Condominium
Unit free and clear of the provisions of paragraph 25,
but its grantee shall thereupon and thereafter be subject to
all of the provisions thereof.
The following transfers are also exempt from the
provisions of paragraph 25:
(a) Transfer by operation of lair Of a d*00604d'
joint tenant'e interest to the s0ra3vimg joust
tenant(s)i
(b) Transfer of a drr:eased's interest to a
devisee or devisees by will or his heirs at law
under intestacy laws;
(c) Transfer of ar owner's interest by treasurer's
ri deed pursuant to a sale for delinquent ts"Ies;
f
(d) Transfer of all or any part of a partner's
1 d th or
f
interest as
otherwise,
a result of withdraws , ea
to the remai.,ing partners carrying on the
if
partnership
business and/or Dona fide transfers to
a person or
persons becoming partners; a transfer
?-
of all or part
of a partner's or partners' interests
between one
or more partners and/or to persons becoming
t
j�
partners;
3
c
i
N
-16-
j
J�
.yt.
a
- X7
,
(e) Transfer of a corporation's interest to the
persons formerly ownim; the stock of the corporatiob
asof a . ai;s3olution- & Iranafer to t"
paresult
result
•`
of ow reswiti" emtl�,ky
fit cent tYfe!
f Y Pam'
t r
is owned by the stockhold*rW of the corporation►:
a.
formerly owning the Condominium VDitt
1
1
(f) Transfer by gift. !
2?. CEA'rIPICATt oP C MPLIANCt XZGH"t 0! FUM
Upon written request of any prospectivet.traisteren,. V=tfiaSetr
tenant or as existing cw prospective martfag" Of. MY.
minium Unit, the Mnaging Agent or Ovaer of the Other Unit
shall forthwith, or where tine is specified, at the eud of the
time, issue a written and acknowledged certificate in re-
cordable fors, evidencing:
(a) With respect to a proposed lease or sale s
!_.
paragraph 25 that proper notice was given by the
selling or leasing owner and that the remaining'
owners did not elect to exercise their option to
purchase or leases
(b) With respect to a deed to a first Mrtgagee or
}ws.
its nominee in lien of foreclosure, and a deed from
I
such first Mortgagee or its nominee, pursuant to
paragraph 26, that the deeds were in fact given in
lieu of foreclosure and were not subject to the
provisions of paragraph 251
(c) With respect to any contemplated transfer
which is not in fact a sale or lease, that
transfer will not be subject to the provisions of
paragraph 2S.
Such a certificate shall be conclusive evideflce of
s
the facts container theareiu►
�.
agent or any owner may, with the written consent of both Owner
.
a
acquire and hold for the use and benefit of all tbs C'ftd0-
t
'
minium owners, real, tangible and intangible personal property
and may dispose of the same by sale or otherwise, and the
c
beneficial interest in any such property shall be owned by
the Condominium owners in the same proportion as their
respective interests in the General Corxnon Elements and shall
not be transferable except With a transfer to the transferee
ownership of the transferor's beneficial interest in such
i
-1T-
'
property without any reference thereto. S•icb owner may use
d.
�
A =
much.prbperty in accordance with the purpnss fox which .t is
axtcroaQisL tb4 Iawfi it
a,Y tii'
ti `'thi9t otll r owners.;- e' transfer of title to a
a a ;
.
Cbh4cwufi!iunt Git under foreclosure shall entitio the Qurchaser'
too the beneficial interest in such personal pmperty
E
f
associated with the foreclosed Condominium I3nit.
24, MAILIM OF NOTICES., Each Owner shall register
t
t
Din mail inq address with the other owner or M&nagiseg Agent
and all notices of demands intended to be served upon any
Owner shall be sent by either registered or certified mail,
postage prepaid, addressed in the name of the owner at such
1
registered sailing address. All notices or demands intended
i�
rtt
k
e
to be served upon the Owners or the Managing Agent shall be
given by registered or certified mail, postage prepaid, to
the registered address thereof. All notices or demands to
be served on Mortgagees pursuant hereto shall be sent by
either registered or certified mail, postage prepaid, addre
in the name of tha Mortgagee at such address as the Mortgagee
may have furnishes] to the Owners or Managing Agent in writing.
Unless the Plortgagee so furnishes such address, the Mortgagee
shall be entitled to receive none of the notices provided for
in thin Declaration. Any notice referred to in this Section
shall be deemed given when deposited in the United States
mail In the foam provided for in this section.
30. PMOD Of CONDOMINIUM OWNERSHIP_ The separate
condominium estates created by the Declaration and the Map
shall continue until this Declaration is revoked in the manner
and as is provided in paragraph IS of this Declaration.
31. ADDITIONAL RESTRICTIONS.
Pursuant to the conditions!
placed on the exemption from the definition of subdivision
granted by the City of Aspen, the following restrictions are
placed on this condominium project:
All Units shall be restri(-`-:d to six (6) month
minimum leases with no more than two (2) shorter
tenancies per year.
-18-
•
P
17, T1
NOM
32. GENEPALo.
(a) It -i -iy of tbr pro v sion!--. of this 17)t!c`,xration
,or any paragra0b.-sA -nce, c- phranor word
r�
the aopUra�tjM' ttten-of in any circumstances be,
lvi�dajiAp seek iTofill.dity shalt not affect the
validity of the -remainder of this Declaration.
q. (b) The pLOVisinns of this Declaration shall be
in addi tion and supplemrintal to the Condominium
Ownership Act of the State of Colorado and to all
other provisions of law.
(cl Whenever used herein, unless, the contact shall
rt otherwise provide, the singular number shall Include
the plural, the pluril the singular, aM the use
of any gender shall include 411 903%Ur$.
(d) Wherever herein written responses or state-
JMMts shall be required to be made by an owner,
failure by such comer to so make and deliver the
same shall give rise to the right of the other avner
to threaten to apply and/or to apply to a court of
A competent jurisdiction to order the SiXIMS, and in
the event of mmeih threat or applicatiCS, the party
threatening to amd/or applying for such order shall
be entitled to recover his costs, including
reasonable attowneys' fees in processing and pro-
secuti" such a1pplication or threatening to so do.
M WZTWSS WHEMMF, Declarants have duly exscttU this
Declaration this day of 14178.
OMAM
Recorded
4:46 P.M., Oct *1978Loretta Banner Recorder R*tion No;2 0 86 1 8
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
EX
WHEREAS, A & L COMPANY, a partnership is the owner
of Lot 1, and ANDREA P. BERNARD is the owner of Lot 2,
both located in Block 1 of the Independence Subdivision
as shown on the Plat recorded as Document Number 105595 in
Ditch Book 2 A at Page 234, and,
WHEREAS, there exists on said property a duplex struc-
ture in which the applicant wishes to separate interest
without parceling the land on which said structure is
situate, and,
WHEREAS, there has been made an application for exemp-
tion from the definition of subdivision for such conveyance
of interest pursuant to Section 20-19 of the Aspen Municipal
Code, and,
WHEREAS, the Aspen Planning and Zoning Commission
has determined that such exemption is appropriate provided
that:
a. The existing Tenants are granted a right of first
refusal should the Owner decide to sell.
b. If that right of first refusal is not exercised
the Tenants are granted 180 days notice after the
sale of the unit to vacate the premises.
c. Neither of the dwelling units shall be leased
for a period of less than 6 months except for two
short term rentals.
WHEREAS, the City Council has found the proposed
division of interest in the existing structure to be without
the intents and purposes of subdivision regulation provided
that the constraints imposed in subsections a, b, and c,
above, proposed by the Planning and Zoning Commission,
be maintained.
THEREFORE, the City Council of the City of Aspen
does hereby determine that the proposed division of
interest in the duplex structure situate on the above -
described land is without the intents and purposes of
subdivision regulations, and does, for such reason, grant
an exemption from the definition of subdivision for such
action,
0
i
148
PROVIDED, HOWEVER, that this grant of exemption shall
at all times be conditioned on compliance by the applicant,
his heirs, assigns and successors in interest, with the
conditions with respect to extension, replacement and
contribution to the cost of public improvements and leasing,
itemized in subparagraphs a through c above; which conditions
shall be deemed a covenant running with the land and burden
the same.
DATED: ���/ , 197
, ill, mayg)r
I, KATHRYN S. HAUTER, do certify that the foregoing
Statement of Exemption from the definition of Subdivision
was considered and approved by the Aspen City Council at
its regular meeting held NPte"�,'o //7 / Nat which
time the Mayor, STACY STANDLEY, III, was authorized to
execute the same on behalf of the City of Aspen.
KA HRYN S. CITY CLERK
���llllt11111�tti
-2-
'PITKIN (N-iYi
iN
M E M O R A N D U M
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: A & L Development Subdivision Exemption
DATE: September 7, 1978
This application requests exemption from subdivision for the condominiumization
of a duplex, one-half of which is presently under construction, located on
Lot 1 of the Independence Subdivision. Lot 1 contains approximately 30,000
square feet and is zoned R-15. This application comes to you from Attorney,
Ashley Anderson on behalf of the owner of the property, Ken Bernord.
The application states that the original unit has been rented by the owner
only once since August, 1977, and that was to tourist for one week in January.
The application maintains that since there are not tenants involved at this
time, there will be no employee displacement and therefore no reduction in
the supply of low or moderate income housing. In addition, if the individual
units were to go on the market today, they would be sold for in access of
$175,000.00. This again indicates that these units are not part of the supply
of low or moderate income housing. The Housing Director has verified the
above mentioned facts and recommends approval of the subdivision exemption
subject to the six-month minimum lease restrictions of Ordinance #53•
The application was referred to the City Engineering. Dave Ellis, after
making a site inspection and reviewing the improvement survey, recommends
approval of the subdivision exemption request without condition.
At their regular meeting on September 5, 1978, the Planning and Zoning
Commission recommended approval of the subdivision exemption request subject
to the six-month minimum lease restrictions of Ordinance #53.
rh
• 0
M E M O R A N D U M
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: A&L Development Subdivision Exemption
DATE: August 10, 1978
This application requests exemption from subdivision for the condominiumization
of a duplex, one-half of which is presently under construction, located on
Lot 1 of the Independence Subdivision. Lot 1 contains approximately 30,000
square feet and is zoned R-15. This application comes to you from Attorney,
Ashley Anderson on behalf of the owner of the property, Ken 3ernord.
The application states that the original unit has been rented by the owner
only once since August, 1977, and that was to tourist for one week in January.
The application maintains that since there are not tenants involved at this
time, there will be no employee displacement and therefore no reduction in
the supply of low or moderate income housing. In addition, if the individual
units were to go on the market today, they would be sold for in access of
$175,000.00. This again indicates that these units are not part of the supply
of low or moderate income housing. As of the time of this writing, I have
not recieved comment from the Housing Director, but assume that if he were
able to verify the above mentioned facts,he would recommend approval of the
subdivision exemption subject to the six-month minimum lease restrictions of
Ordinance #53.
The application was referred to the City Engineering. Dave Ellis, after
making a site inspection and reviewing the improvement survey, recommends
approval of the subdivision exemption request without condition.
The Planning Office recommends approval of the subdivision exemption request
subject to forthcoming comments of the Housing Director and to the six-month
minimum lease restrictions of Ordinance #53.
sr
(0 STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the owner
of
Lot 1, Block 1,
INDEPENDENCE SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
WALTER MUELLER and HERTA MUELLER
and that the above described property appears to be subject to the following:
None
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty
of title, and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes, nor will be charged with any financial obligation or liability
whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 20th day of October A.D. 1977.
STEWART TITLE OF AS EN, INC.
ecbn7 Vice Pre dent
STEWART TITLE OF ASPEN, IN
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lot 2, Block 1,
INDEPENDENCE SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
WALTER MUELLER and HERTA MUELLER
and that the above described property appears to be subject to the following:
None
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty of
title, and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes, nor will be charged with any financial obligation or liability
whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 20th day of October A.D. 1977.
STEWART TITLE OF ASPEN, INC.
BY
Second Vice.�Yr ident
Reception No.
INo. :36.W,%ItItANTYDEED— Short F".—Bradford Publishing Co.,1S24.46Stout Street,Denvtr,Cjh)(ois-5011�-9-16
THIS DEED, bladethis 25th
WALTER 1`UELLER and HERTA MUELLER
of the
County of Pitkin
A & L COMPANY, a Partnership
ofthe County of Pitkin
day of October
, 19 77 ,between
and State of Colorado, of the first part, and
and State of Colorado, of the second part:
NITS ESSETH, That the said part ies of the first part, for and in consideration of the suns of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION UMMW
to the said part ies of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby- confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents
CIO grant, bargain, sell, convey and confirm, unto the said part y of the second part, its
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Pitkin and State of Colorado, to wit:
Lot 1, Block 1 of the Independence Subdivision as shown on the Plat recorded
as Document Number 105595 in Ditch Book 2 A at Page 234.
akzTR*xQc==- at),,eekxwkCi4QRbMC
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, right, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAS'" AND, TO HOLD the said premises above bargained and described, with the appurtenances unto the said
party edi, h6 second part, its heirs and assigns forever. And the said part ies
of.the first part, for., t},m selves, their heirs, executors, and administrators, do covenant,
grant, bargain Wd'agree to and with the said party of the second part, its heirs and assigns,
thax at the time of the;ensealing and delivery of these presents they were well seized of the premises above
conveyed, as pir-good,;sure perfect, absolute and indefeasible estate of inheritance, in law, in fee sinr'rle, and ha good
right, frill power'and luwfitI authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that tb'e• sApte, ate ,f! e and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbraricesbf whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y " of the second part,
its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or anv nat•t thereof, the said part ies of the first part shall and will WARRANT AN D FOREVER DEFEND.
IN WITNESS NUIEREOF,The said part ies ofthi
hand s and seals the day and year first above writte
Signed, Sealed and Delivered in the Presence of
Reception No. A. is P.Yk.7
No. 36.R'AItIZANTYDEED —Short y(tt.--DiadrmdYubli,hind;Co.,IA24-IBStout St, et. Dnver,
THIS DEED, Made this 25th
WALTER MUELLER and HERTA MUELLER
of the County of Pitkin
ANDREA P. BERNARD
of the
County of Pitkin
day of October
o (573 11 r--4i6
--- , 19 77 ,between
and State of Colorado, of the first part, and
and State of Colorado, of the second part:
WITN F.SSE:TH, That the said parties of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION
to the said part ies of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said part y of the second part, her
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Pitkin and State of Colorado, to wit:
Lot 2, Block 1 of the Independence Subdivision as shown on the Plat
recorded as Document Number 105595 in Ditch Book 2A, at Page 234, Pitkin
County, Colorado.
0CI-wi': U
a��¢ is�cxsrst�e�xxbracx
TOGETHER with all and singular the hereditanents and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reJersions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, right, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HWEAND TO HOLD the said premises above bargained and described, with the appurtenances unto the said
part y.,,,.,....'gihe second part, her heirs and assigns forever. And the said part ies
o: the first far£; (of them selves their heirs, executors, and administrators, do covenant,
grant; ba^gain ana agree to and with the said part y of the second part, her heirs and assigns,
t tflat at the time of t)heensealing and delivery of these presents they were well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good
right, full power and'tawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
tliat'thq same'ara Yree and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encurr,bran cek of whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part ies of the first part have hereunto set their
hand s and seals the day and year first above written.
1 ,
Signed, Sealed and Delivered in the Presence of [SEAL] .
WALTE MUEL R
--- - - - --- --- - [SEAL]
------ --- --- HERTA MUE LER SEAL]
l
--- RECEIVE
N OV 4 1977
0
EASEMENT FOR ENCROACHMENT PURPOSES
P
AGREEMENT made this day of 1978,
by and between A & L DEVELOPMENT, Aspen, Co ho ado and B & B
INVESTMENT, Aspen, Colorado.
WHEREAS, A & L DEVELOPMENT is the owner of Lot 1, Block 1,
i
Independence Subdivision, Aspen, Colorado, County of Pitkin, and
State of Colorado; and,
WHEREAS, B & B INVESTMENT is the owner of Lot 2, Block 1,
Independence Subdivision, Aspen, Colorado, County of Pitkin, and
State of Colorado, which is immediately adjacent to Lot land,
WHEREAS, there presently exists a duplex structure located
partially on Lot 1 and partially on Lot 2; and,
WHEREAS, B & B INVESTMENT the owner of Lot 2, desires
to grant and A & L DEVELOPMENT the owner of Lot 1, desires to
accept an easement for encroachment purposes for that property
located on Lot 2 presently occupied by the above -mentioned
structure,
NOW, THEREFORE, the parties agree as follows:
1. Grant of Easement. B & B INVESTMENT owner of
Lot 2 in consideration of the sum of Ten Dollars ($10.00) receipt
of which is hereby acknowledged, does hereby grant to A & L
DEVELOPMENT owner of Lot 1, an easement for encroachment purposes
for that property on Lot 2 presently occupied by the duplex
structure that is presently located partially on Lot 1 and
partially on Lot 2. The exact outline of that portion of the
structure on Lot 2; and thus, the exact location of the easement
is labeled "Location of Easement" and marked with bold lines
on the map attached hereto as Exhibit "A" and by this reference
incorporated herein.
2. Encroachment Purposes. The term encroachment purposes
means that the easement is granted only to allow the existing
duplex structure presently located on both lots to encroach
onto Lot 2.
1
3. Term. This easement shall be in effect for as long i
as fifty percent (500) of that portion of the duplex structure
li
i
presently located on Lot 2 exists. I.f fifty percent (500)
or more of that portion of the structure presently located
on Lot 2 is destroyed or removed, this easement shall automatic-
ally terminate.
4. Binding Effect. This grant of easement shall
run with the land and shall be binding on and shall inure to
the benefit of the parties hereto, their heirs, successors,
or assigns.
5. Acknowledgement. The parties hereto specifically
acknowledge that during the effective term of this easement,
I
the property which is the subject of this easement, approximately
square feet shall for square footage, density, FAR,
or any other relevant consideration with respect to approvals
from the City of Aspen be added to Lot 1 and subtracted from
Lot 2.
A & L D
M
B & % INVESTME
By -�2'�-----
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
T e foregoing was subscribed and /s'worn�to�pef re me
tfli's day of '-)')1&.e.1 by r�Q/�f1L/ 7LUJ QiL�xcr�
for A. & L DEVELOPMENT..
WITNESS my han and official se�, r ,
My commission expires: C)CV-
o ary PubliC),
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
he foregoin was subscribed a sworn to before /m'e
this day o icy , by
f�r,B B INVESTMEN
WITNESS my hand/and official seal.
My commission expires
o ary Publ c
-2-
ATTORNEYS AT LAW
RONALD GARFIELD
ANDREW V. LIECIIT
ASHLEY ANDERSON
CHRISTOPHER N. SOMMER
VICTORIAN SOUARE BUH.DINI:
001 EAST HYMAN AVENUE
SECOND FLOOR
ASPEN, COLORADO 81611
June 22, 1978
Planning and Zoning Commission
Aspen, Colorado
Dear Members:
TELEPHONE
(303) 0= i-1030
This is an Application by A & L Development, pursuant
to Section 20-19 of the Aspen City Code, as amended for exemp-
tion from the definition of the term Subdivision for the condo-
miniumization of a duplex located at Lot 1, Independence Sub-
division.
One-half of the duplex has been on the property for several
years, and the other half is presently under construction. Part
of this construction project is the remodeling of the original
unit_ The total square footage of the duplex is within 2200
square feet in the original unit and 1480 square feet is in the
addition. The original unit has been rented by the owner only
once since August, 1977 and that was to tourists for one week
in January. Other than that, since August, 1977 the owner has
not rented the unit, and is not renting it now. The proposed
addition, of course, also contains no tenants at this time. There-
fore, the Applicant submits that no employee displacement will
occur as a result of the condominiumization of this duplex. Further-
more, in that regard, if the individual units were to go on the
market today, the original unit would sell for approximately
$225,000 and the unit presently under construction would sell for
$175,000. These prices are not consistent with the employee
housing market and again, demonstrate that no employee displacement
will occur.
The Applicant submits that, since this is merely the
subdivision of an existing unit and one presently under con-
8truction, to require the Applicant to proceed through the entire
subdivision or deprive the Applicant of the reasonable use of
his land. Furthermore, the Applicant submits that exemption
is necessary for the preservation and enjoyment of a substantial
right. Finally, the Applicant submits that since, as stated
above, this is merely the subdividing of an existing structure,
there will be no increase in density as a result of the granting
of this exemption and therefore the granting of the exemption
will not be detrimental to the public welfare or injurious to
other property in the area.
Planning and Zoning Commission
June 21, 1978
Page Two
Since it is clear that the condominiumization of this
duplex will not reduce the supply of low and moderate income
housing, we respectfully request your approval of this
Application.
Attached hereto, please find an Ownership and Encumbrance
Statement; a copy of a Deed for Lot 1 from Walter and Helen
Mueller to A & L Development; a copy of a Deed for Lot 2 from
Walter and Helen Mueller to B & B Investment; an Encroachment
Easement by which B & B Investment grants to A & L Development
an easement for encroachment purposes for that portion of
the structure located on Lot 2; and 3 copies of an Improvement
Survey.
M E M O R A N D U M
TO: Dave Ellis
Mark Danielsen
FROM: Richard Grice, Planning Office
RE: A & L Development Subdivision Exemption
DATE: July 14, 1978
This item is tentatively scheduled for the August 15 City P&Z meeting. Your
written comments should be returned to me by August 4.
sr
do
•
MEMO
TO: RICHARD GRICE
PLANNING
FROM: DAVE ELLIS
ENGINEERING
DATE: August 3, 1978
RE: Subdivision Exemptions for
1) A & L Development
2) Goldsmith
3) 430 W. Hopkins
The engineering department has reviewed the above projects and
recommends exemption for all three without conditions.
jk
MEMO
TO: RICHARD GRICE
PLANNING
FROM: DAVE ELLIS IV
ENGINEERING.
DATE: August 3, 1978
RE: Subdivision Exemptions for -
1) A & L Development
2) Goldsmith
3) 430 W. Hopkins
The engineering department has reviewed the above projects and
recommends exemption for all three without conditions.
jk
(� c
STETdART TITT,E OF ASPT'N, ?NC�
HEREBY CERTIFIES from a search of the books in this office that the owner
of
Lot 1, BLock 1,
INDEPENDENCE SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
WALTER MUELLER and HERTA MUELLER
and that the above described property appears to be subject to the following:
None
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty
of title, and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes, nor will be charged with any financial obligation or liability
whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 20th day of October A.D. 1977.
STE14ART TITLE OF AS EN, INC.
BY
9-eco'ncT Vice Pre dent
STEWART TITLE OF ASPEN, IN.
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lot 2, Block 1,
INDEPENDENCE SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
WALTER MUELLER and HERTA MUELLER
and that the above described property appears to be subject to the following:
None
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty of
title, and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes, nor will be charged with any financial obligation or liability
whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 20th day of October A.D. 1977.
STEWART TITLE OF ASPEN, INC.
BY
Second Vice r ident
Reception No. _
No. 36. IVARIZANTT DEED—Shor J
Brad ford Publishing Co., 1824-46 Stout Street, Deriver fikedo (S 73.5011H9-76
THIS DEED, Aladethis 25th
WALTER MELLER and HERTA MUELLER
of the
County of Pitkin
A & L COMPANY, a Partnership
of the County of Pitkin
day of October ,19 77 ,between
and State of Colorado, of the first part, and
and State of Colorado, of the second part:
R•ITN ESSETH, That the said part ies of the first part, for and in consideration of the suns of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION DMX:
to the said part ies of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said part y of the second part, its
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Pitkin and State of Colorado, to wit:
Lot 1, Block 1 of the Independence Subdivision as shown on the Plat recorded
as Document Number 105595 in Ditch Book 2 A at Page 234.
ajM*X%%=X*Qt3=kXMkWJVRbMC
TOGETHER with all and singular the her•editaments and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and redersions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, right, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity,
of, in and to the above bargained premises, with the her•editaments and appurtenances.
TO HAVE.AND,;TO HOLD the said premises above bargained and described, with the appurtenances unto the said
party e(f�he second part, its heirs and assigns forever. And the said part ies
of.the first part, for., tljgm selves , their heirs, executors, and administrators, do covenant,
grant,bargairl aVd-agreeto and with the said party of the second part, its heirs and assigns,
thai at the time of the;ensealing and delivery of these presents they were well seized of the premises above
ebnveyed, as pf• ood,:sur•e perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good
right:, f1a11 power and h.wful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that,th'2•sAV4v,at;e`fr!•e and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encunibradcesbf whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
its heirs and assigns, a(rainst all and every person or persons lawfully claiming orto claim the whole
or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
iN WITNESS 1VHEItEOF, The said part ies of the fits- ha ve hereunto set their
hand S and seals the day and year first above written
Signed, Sealed and Delivered in the Presence of
ZTA
ER MUEL [SEAL)
_ [SEAL)
W
ER V
Reception No.��'.�7D��i�
No.36• WARRANTY DEED—Sho
THIS DEED, Madethis, 25th
ak��JJ t r�cE4.0J
Publi,hingCo.. 1.+24.4� Stout grreet, ben -- rxdr, (573-5011-9 "6
day of October , 19 77 between
WALTER MUELLER and HERTA MUELLER
of the County of Pitkin
ANDREA P. BERNARD
of the
Countyof Pitkin
and State of Colorado, of the first part, and
and State of Colorado, of the second part:
WITN ESSETH, That the said parties of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION M=K ,
to the said part ies of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said part y of the second part, her
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Pitkin and State of Colorado, to wit:
Lot 2, Block 1 of the Independence Subdivision as shown on the Plat
recorded as Document Number 105595 in Ditch Book 2A, at Page 234, Pitkin
County, Colorado.
OCT 28 j
aim=xxxme%xmk=a bmx
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reJersions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, right, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE -AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said
part y.....,. l : of the second part, her heirs and assigns forever. And the said part ies
,o: the first �arE; fof'� Them selves their heirs, executors, and administrators, do covenant,
• gent; ba:guin and agree to and with the said part y . of the second part, her heirs and assigns,
that pit the time of tb6 ensealing and delivery of these presents they were well seized of the premises above
iconveyed, as of gootl, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good
right, full -'power aiidlAivful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that 'thq same, ar.- free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encurnbcar ce§ of whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part ies of the first part shall and will NVARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part ies of the first part have hereunto set their
hnrnd s and seals the day and year first above written.
Signed, Sealed and Delivered in the Presence of� [SEAL]
WALTE MUEL R
- -- -- - SEAL]
- — - SEAL]
HERTA MUELLER
----___ ---- RECEIVED
N OV 4 1977
EASEMENT FOR ENCROACHMENT PURPOSES
AGREEMENT made this r� day of ,, 1978,
by and between A & L DEVELOPMENT, Aspen, Colo ado and B & B
INVESTMENT, Aspen, Colorado.
WHEREAS, A & L DEVELOPMENT is the owner of Lot 1, Block 1,
�! Independence Subdivision, Aspen, Colorado, County of Pitkin, and
State of Colorado; and,
WHEREAS, B & B INVESTMENT is the owner of Lot 2, Block 1,
Independence Subdivision, Aspen, Colorado, County of Pitkin, and
State of Colorado, which is immediately adjacent to Lot land,
WHEREAS, there presently exists a duplex structure located
partially on Lot 1 and partially on Lot 2; and,
WHEREAS, B & B INVESTMENT the owner of Lot 2, desires
to grant and A & L DEVELOPMENT the owner of Lot 1, desires to
accept an easement for encroachment purposes for that property
located on Lot 2 presently occupied by the above -mentioned
structure,
NOW, THEREFORE, the parties agree as follows:
1. Grant of Easement. B & B INVESTMENT owner of
Lot 2 in consideration of the sum of Ten Dollars ($10.00) receipt
of which is hereby acknowledged, does hereby grant to A & L
DEVELOPMENT owner of Lot 1, an easement for encroachment purposes
for that property on Lot 2 presently occupied by the duplex
structure that is presently located partially on Lot 1 and
partially on Lot 2. The exact outline of that portion of the
structure on Lot 2; and thus, the exact location of the easement
i
is labeled "Location of Easement" and marked with bold lines i
on the map attached hereto as Exhibit "A" and by this reference
incorporated herein.
2. Encroachment Purposes. The term encroachment purposes
means that the easement is granted only to allow the existing
duplex structure presently located on both lots to encroach
onto Lot 2.
3. Term. This easement shall be in effect for as long
j as fifty percent (500) of that portion of the duplex structure
0 •
presently located on Lot 2 exists. I.f fifty percent (500)
or more of that portion of the structure presently located
on Lot 2 is destroyed or removed, this easement shall automatic-
ally terminate.
i
4. Binding Effect. This grant of easement shall
run with the land and shall be binding on and shall inure to
the benefit of the parties hereto, their heirs, successors,
j' or assigns.
5. Acknowledgement. The parties hereto specifically
acknowledge that during the effective term of this easement,
!; the property which is the subject of this easement, approximately
i
square feet shall for square footage, density, FAR, I i
or any other relevant consideration with respect to approvals
from the City of Aspen be added to Lot 1 and subtracted from
Lot 2.
A & L
By
B & JINVESTME ,
By
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing was subscribed and swornrt of re me
t'tlis day of lCc by /� Gr�Clh�rc / !� �Lr�� �►
for A & L DEVELOPMEN
WITNESS m_v hanT..
and of.ficial�se',l,�
My commission expires: %�
o ary Public
i
SLATE OF COLORADO )
ss.
COUNTY OF PITKIN )
he foregoin was subscribed sworn to before me
this - day o, by a ;
I-)r B B INVEST ENT.
WITNESS my han and official seal
My commission expires • cc/ % %%
ZL
ary Public
-2-
t
`rAIZFIELD & HI-,iCIIT
ATTORNEV-S AT LAN'
VICTORIA\ SQUARE BUILDING
001 FAST HYMAN AVENUE
SECOND FLOOR
ASPEN, COLOH A D 0 S I R I I
RONALD GARFIELD
A\DREW V. HECHT
ASHLE:Y A\DERSO\
CHRISTOPHER N. SOMMER June 22, 1978
Planning and Zoning Commission
Aspen, Colorado
Dear Members:
T F. i.4: YHO. F,
1303) 635-1036
This is an Application by A & L Development, pursuant
to Section 20-19 of the Aspen City Code, as amended for exemp-
tion from the definition of the term Subdivision for the condo-
miniumization of a duplex located at Lot 1, Independence Sub-
division.
One-half of the duplex has been on the property for several
years, and the other half is presently under construction. Part
of this construction project is the remodeling of the original
unit. The total square footage of the duplex is within 2200
square feet in the original unit and 1480 square feet is in the
addition. The original unit has been rented by the owner only
once since August, 1977 and that was to tourists for one week
in January. Other than that, since August, 1977 the owner has
not rented the unit, and is not renting it now. The proposed
addition, of course, also contains no tenants at this time. There-
fore, the Applicant submits that no employee displacement will
occur as a result of the condominiumization of this duplex. Further-
more, in that regard, if the individual units were to go on the
market today, the original unit would sell for approximately
$225,000 and the unit presently under construction would sell for
$175,000. These prices are not consistent with the employee
housing market and again, demonstrate that no employee displacement
will occur.
The Applicant submits that, since this is merely the
subdivision of an existing unit and one presently under con-
struction, to require the Applicant to proceed through the entire
subdivision or deprive the Applicant of the reasonable use of
his land. Furthermore, the Applicant submits that exemption
is necessary for the preservation and enjoyment of a substantial
right. Finally, the Applicant submits that since, as stated
above, this is merely the subdividing of an existing structure,
there will be no increase in density as a result of the granting
of this exemption and therefore the granting of the exemption
will not be detrimental to the public welfare or injurious to
other property in the area.
•
Planning and Zoning Commission
June 21, 1978
Page Two
Since it is clear that the condominiumization of this
duplex will not reduce the supply of low and moderate income
housing, we respectfully request your approval of this
Application.
Attached hereto, please find an Ownership and Encumbrance
Statement; a copy of a Deed for Lot 1 from Walter and Helen
Mueller to A & L Development; a copy of a Deed for Lot 2 from
Walter and Helen Mueller to B & B Investment; an Encroachment
Easement by which B & B Investment grants to A & L Development
an easement for encroachment purposes for that portion of
Lhe structure located on Lot 2; and 3 copies of an Improvement
Survey.
STEWART TITLE OF ASPEN, INC •
HEREBY CERTIFIES from a search of the books in this office that the owner
of
Lot 1, Block 1,
INDEPENDENCE SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
WALTER MUELLER and HERTA MUELLER
and that the above described property appears to be subject to the following:
None
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty
of title, and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes, nor will be charged with any financial obligation or liability
whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 20th day of October A.D. 1977.
STEWART TITLE OF AS EN, INC.
BY /
oc'ec6ncY Vice President
v
STEWART TITLE OF ASPEN, IN9
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lot 2, Block 1,
INDEPENDENCE SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
WALTER MUELLER and HERTA MUELLER
and that the above described property appears to be subject to the following:
None
Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title, nor an opinion of title, nor a guaranty of
title, and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes, nor will be charged with any financial obligation or liability
whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 20th day of October A.D. 1977.
STEWART TITLE OF ASPEN, INC.
BY
Second Vic e/Pr&s`ident
Reception No. 1"'Y"31)"7_I
No. 36.NYARRAN7YL)LE11 rnhloshinguo.,16'aa4 scout�ueet,urncer,�1.01J13'JVllf-J•!0
THIS DEED, blade this 25th day of October ,19 77 ,between
WALTER MUELLER and HERTA MUELLER
of the County of Pitkin and State of Colorado, of the first part, and
A & L COMPANY, a Partnership
of the County of Pitkin and State of Colorado, of the second part:
«'ITN ESSETH. That the said part ies of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION l7C]i?LMM
to the said part ies of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said part y of the second part, its
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Pitkin and State of Colorado, to wit:
Lot 1, Blocl: 1 of the Independence Subdivision as shown on the Plat recorded
as Document Number_ 105595 in Ditch Book 2 A at Page 234.
L
aj=*xx=motxwkxm&'M=bMC
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, right, interest, claim and demand whatsoever of the said part ies of the first pact, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
i:1.
T0rHAVE A!iD,TO HOLD the said premises above bargained and described, with the appurtenances unto the said
party eth "second part, its heirs and assigns forever. And the said part ies
%e "I
ohe,first part, for. t.� em selves, their heirs, executors, and administrators, do covenant,
f.t
grant, bargairi aj d'agree to and with the said party of the second part, its heirs and assigns,
that at the time.of the:ensealing and delivery of these presents they Were well seized of the premises above
c6nveyed, as,pf•good,:sur•ej perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good
right, full power and lyyrful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that 616 sap3e, at;e.,fYt:e and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encurribradeesbfwhatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y „ of the second part,
its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
iN WITNESS WHEREOF, The said part ies of the fir- ha ve hereunto set their
Land s and seals the day and year first above written ^
Signed, Sealed and Delivered in the Presence of
WAL ER MUEL [SEAL]
TA LER [SEAL]
Reception No. tJ: )�):;t.I Rao?jj I i•' r4ou
No. 36.WAR R:\NTYDEED—Shur M.—Brad`nrdPuIdi<hir.¢Co.,1XPA-iRStoutStreet,Den ver ado (S73-'5f)111 9;6
THIS DEED, Madethis 25th dayof October ,1977 ,between
WALTER MUELLER and HERTA MUELLER
of the County of Pitkin and State of Colorado, of the first part, and
ANDREA P. BERNARD
of the County of Pitkin and State of Colorado, of the second part:
WITN ESSE'I'H, That the said parties of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION M=lg,
to the said part ies of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the said part y of the second part, her
heirs and assi;,rns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Pitkin and State of Colorado, to wit:
Lot 2, Block 1 of the Independence Subdivision as shown on the Plat
recorded as Document Number 105595 in Ditch Book 2A, at Page 234, Pitkin
County, Colorado.
,
OC T 2 $ ►':J
R3M*X2t MX"i0eXXMk=Xb0ix
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the
estate, tight, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HWE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said
part y ..... /othe second part, her heirs and assigns forever. And the said part ies
Hofthr4'hrstpari fot', ftLem selves their heirs, executors, and administrators, do covenant,
r
grant; bargain and agree to and with the said part y of the second part, her heirs and assigns,
r tf at at the time of tb4en'sealing and delivery of these presents they were well seized of the premises above
1c;nveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good
right, fuh.power and (awful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that'the snme`an. tree and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encufnbrar ce's of whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
1N NVITINESS WHEREOF, The said part ies of the first part have hereunto set their
hand s and seals the day and year first above written.
Signed, Sealed and Delivered in the Presence of 'Z
[SEAL)
WALTE MUELLER
----_-_. _I [SEAL)
-- --- - - - - SEAL)
HERTA MUE LER
_------ ----= _ RE BEN EO
N+ OV 4 1977
EASED'iENT FOR ENCROACHMENT PURPOSES
^� P
AGREEMENT made this f day of 1978,
by and between A & L DEVELOPMENT, Aspen, Colo ado and B & B
INVESTMENT, Aspen, Colorado.
WHEREAS, A & L DEVELOPMENT is the owner of Lot 1, Block 1,
i
Independence Subdivision, Aspen, Colorado, County of Pitkin, and
State of Colorado; and,
WHEREAS, B & B INVESTMENT is the owner of Lot 2, Block 1,
Independence Subdivision, Aspen, Colorado, County of Pitkin, and
State of Colorado, which is immediately adjacent to Lot land,
WHEREAS, there presently exists a duplex structure located
partially on Lot 1 and partially on Lot 2; and,
WHEREAS, B & B INVESTMENT the owner of Lot 2, desires
to grant and A & L DEVELOPMENT the owner of Lot 1, desires to
accept an easement for encroachment purposes for that property
located on Lot 2 presently occupied by the above -mentioned
structure,
NOW, THEREFORE, the parties agree as follows:
1. Grant of Easement. B & B INVESTMENT owner of
Lot 2 in consideration of the sum of Ten Dollars ($10.00) receipt
of which is hereby acknowledged, does hereby grant to A & L
DEVELOPMENT owner of Lot 1, an easement for encroachment purposes
for that property on Lot 2 presently occupied by the duplex
structure that is presently located partially on Lot 1 and
partially on Lot 2. The exact outline of that portion of the I
structure on Lot 2; and thus, the exact location of the easement j
i
is labeled "Location of Easement" and marked with bold lines !
on the map attached hereto as Exhibit "A" and by this reference
incorporated herein.
2. Encroachment Purposes. The term encroachment purposes
means that the easement is granted only to allow the existing
i'
duplex structure presently located on both lots to encroach
onto Lot 2.
3. Term. This easement shall be in effect for as long
as fifty percent (500) of that portion of the duplex structure
presently located on Lot 2 exists. If fifty percent (50%)
or more of that portion of the structure presently located
on Lot 2 is destroyed or removed, this easement shall automatic-
ally terminate.
4. Binding Effect. This grant of easement shall
run with the land and shall be binding on and shall inure to
the benefit of the parties hereto, their heirs, successors,
or assigns.
5. Acknowledgement. The parties hereto specifically
acknowledge that during the effective term of this easement,
the property which is the subject of this easement, approximately
square feet shall for square footage, density, FAR,
or any other relevant consideration with respect to approvals
from the City of Aspen be added to Lot 1 and subtracted from
Lot 2.
,--7
Uri
riw3--L-
B & IPdVESTME � j
By �
Pam. •
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
,i �T.he- foregoing was subscribed and sworn of re me
th'i s J�r i,c day of CG 7 by ��Ln .+
fot' A & L DEVELOPMENT.;
WITNESS my han and official se,.
hS My commission expires: OCY- f, l
o ary Publ c
hSTATE OF COLORADO ) �
ss.
COUNTY OF PITKIN )
he foregoin was subscribed a sworn to before me
this day o I.c by
, fox B B INVESTMERT.
WITNESS my handand official seal
My commission expires • oc/,Y/ VJ 7,
�• o ary Publ c
l�
jj
�i -2-