HomeMy WebLinkAboutcoa.lu.ec.704&720EHopkins.104A-89
CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 10/24~89
DATE COMPLETE: 1/1'719"1
PARCEL ID AND CASE NO.
2737-073-33-005 104A-89
STAFF MEMBER: t-v
PROJECT NAME: Pitkin Row Subdivision Exemption for
condominiumization
Project Address: 704 & 720 East Hopkins Avenue. Aspen. CO
Legal Address: Lots 10-16. Block 28
APPLICANT: 57. Inc. and Aspen consolidated Venture Corvo
Applicant Address: clo Sharon TinQ1e. P. O. Box 5179. Aspen
REPRESENTATIVE: catherine McMahon. Garfield & Hecht
Representative Address/phone: 601 East Hvman Ave.
Aspen. CO 81611 5-1936
PAID: YES NO AMOUNT: $830.00 NO. OF COPIES RECEIVED:
TYPE OF APPLICATION: 1 STEP: ~ 2 STEP:
3-~
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P&Z Meeting Date PUBLIC HEARING: YES
NO
VESTED RIGHTS: YES
CC Meeting Date l~ PUBLIC HEARING: YES
NO
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VESTED RIGHTS:
YES
NO
~:t:
Paid:
Date:
Planning Director Approval:
Insubstantial Amendment or Exemption:
REFERRALS :
=V city Attorney
city.Engi~eer
Housl.ng Dl.r.
Aspen Water
city Electric
Envir. Hlth.
Aspen Consolo
S.D.
School District
ROCky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
Other
DATE REFERRED:
II /~/2 J
INITIALS:
.0
J6,
ROUTING: ~ - 9iJ INITIAL: etz;
ity Atty ~ city Engineer Env. Health
Housing - Other: ~ -;}J J
FILE STATUS AND LOCATION: (' (/ (~
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WRAP-UP SHEET FOR PITKIN ROW SUBDIVISION EXEMPTION FOR
CONDOMINIUMIZATION OF 6 RESIDENTIAL UNITS
The City Council adopted Ordinance 77 at their January 8, 1990
meeting approving the subdivision exemption with the following
conditions:
1. The applicant shall file a plat to be reviewed and
approved by the Engineering Department and the plat shall
include but not be limited to:
a) a 6x8 foot transformer easement at the northwest
corner of the property and 4x4 foot pedestal easements
along the north property line of each of the three
lots;
b) all parking spaces;
2. A certified engineer shall determine that historic
runoff is maintained.
3. Prior to the signature of the final plat, a Subdivision
Exemption Agreement for Pitkin Row shall be filed with the
City Attorney. Attached to the Agreement shall be a
covenant with the City of Aspen (that cannot be altered,
deleted, or amended without the express written consent of
the City of Aspen) stating that the condominium units shall
be deed restricted to six month minimum leases, with no more
than 2 shorter tenancies per year.
4. Prior to signature of the
housing impact fee shall be paid
to the Housing Authority for
Director.
final plat, an affordable
in the amount of $48,300.00
a receipt to the Finance
,....
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ORDINANCE NO. 77
(SERIES OF 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE CONDOMINIUMIZATION OF PITKIN ROW
WHEREAS, pursuant to Section 7-1007 of the Aspen Land Use
Code, a Condominiumization is a Subdivision Exemption by the
City council; al~
WHEREAS,
Catherine McMahon,
Garfield and Hecht,
P.C.
representing 57, Inc. and Aspen Consolidated Venture corp., has
submitted an app-.ication for the Condominiumization of pitkin Row
located at 704-720 East Hopkins Avenue; and
WHEREAS, the Engineering Department, having reviewed the
application has made referral comments; and
WHEREAS,
the Housing Authority,
having reviewed the
application has made referral comments; and
WHEREAS,
the
Planning Office,
having
reviewed the
application pursuant to Section 7-1007,
and reviewing the
referral comments from Engineering and Housing,
recommends
approval with the following conditions:
1. The applicant shall file a plat to be reviewed and
approved by the Engineering Department and the plat shall
include but not be limited to:
a) a 6x8 foot transformer easement at the northwest
corner of the property and 4x4 foot pedestal easements
along the north property line of each of the three
lots;
b) all parking spaces;
2. A certified engineer shall determine that historic
'"
"
runoff is maintained.
3. Prior to the signature of the final plat, a Subdivision
Exemption Agreement for Pitkin Row shall be filed with the
City Attorney. Attached to the Agreement shall be a
covenant with the city of Aspen (that cannot be altered,
deleted, or amended without the express written consent of
the City of Aspen) stating that the condominium units shall
be deed restricted to six month minimum leases, with no more
than 2 shorter tenancies per year.
4. Prior to signature of the final plat, an affordable
housing impact fee shall be paid in the amount of $48,300:00
to the Housing Authority for a receipt to the Finance
Director.
WHEREAS, the Aspen City Council having considered the
Planning Office's recommendations for Condominiumization does
wish to grant the requested Subdivision Exemption for the Pitkin
Row Condominiums.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1:
That is does hereby grant a Subdivision Exemption for
cordominiumization, with the previously mentioned conditions
recommended by the Planning Office, to Pitkin Row Condominiums at
704-720 East Hopkins Avenue, Lots 10-16 Block 28.
section 2:
That the City Clerk be arid hereby is directed, upon the
2
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adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
section 3:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconsti tutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 4:
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
section 5:
A public hearing on the Ordinance shall be held on the g~
~ "10
day of , 19~ at 5:00 P.M. in the City Council Chambers,
Aspen ity Ha I, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the
IUJ t.rvUu..V ,1989.
/K- day of
~~~
William L. stirling, Mayor
ATJEST: i r/
t:@Jj'-l:;fJ1~ " 4~
Kathry~~. Koch, city Clerk
3
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,
FINALLY, adopted,
C} Cj(J
,tLLt1.J,-<[ , 19~.
J
passed and approved this
DY-U
J day of
~./A
William L. Stirling, Mayor
ATTEST: ~
J!j);[)[" . j!j;. L~
Kathryn S. Koch, City Clerk
f.,
cc.pitkin.row.ord
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MEMORANDUM
FROM:
Mayor and Council
Bill Efting, Acting city Manager~
Leslie Lamont and Amy MargerUm~Planning
TO:
THRU:
DATE:
January 8, 1990
RE:
Ordinance No. 77, Pitkin Row Subdivision Exemption for
Condominiumization
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SUMMARY: The Planning staff recommends approval, on second
reading, of Ordinance 77 approving the subdivision exemption for
condominiumization of Pitkin Row, 704-720 East Hopkins Avenue,
three two-story duplex buildings.
COUNCIL GOALS: The condominiumization of Pitkin Row complies
with Goals 14 and 15.
BACKGROUND: On October 10, 1988, the Council approved the Final
Plat for CBS Subdivision. On December 11, 1989 the Council read
Ordinance 77.
PROBLEM DISCUSSION: Pursuant to Section 7-1007
condominiumization is exempt from subdivision and shall be
reviewed by the Council. The applicant proposes to
condominiumize the three newly constructed two-story buildings.
Each building contains two three-bedroom units, each with a two-
car garage and additional paved outdoor parking spaces for two
cars.
section 7-1008 A of the Land Use Code requires the following for
the condominiumization of a residential building:
a. Existing tenants must be notified that the units are for sale.
There are no existing tenants as this is a newly constructed
building.
b. Minimum lease period restricted to six month ml.nl.mum leases,
with no more than two shorter tenancies per year. According to
the application, Pitkin Row will be restricted by agreement
between the applicant and the city of Aspen to six month minimum
lease, with no more than two shorter tenancies per year. This
agreement will be attached to the Subdivision Exemption Agreement
and duly recorded in the real estate records of Pitkin County to
ensure compliance with the lease restriction and evidences the
applicant's compliance with the minimum lease requirements of the
Code as required by Section 7-1008 (B) (2) (c) (2).
c. Affordable Housing Impact Fee.
The applicant has agreed to
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,
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pay the impact fee of $8,050.00 per unit for a total of
$48,300.00 as required for three-bedroom dwelling units.
d. Inspection of the proposed condominium by the Building
Department. Throughout the construction process the building has
been inspected by the Building Department. The project will be
subject to a final inspection pursuant to the issuance of a
certificate of occupancy.
The following is a summary of the referral comments from
Engineering:
a. the plat should be reviewed and approved by the Engineering
Department
b. a transformer easement and pedestal easements shall be
located out of the public right-of-way
c. all parking spaces should be delineated on the plat
d. the historic storm drainage must be certified by a registered
engineer
Attached is the referral memo from the Engineering Department
regarding the condominiumization.
RECOMMENDATI.ON: Staff recommends approval of the
condominiumization of the six dwelling units of Pitkin Row with
the following conditions:
1. Prior to signature of the final plat -
a. the plat shall be reviewed and approved by the Engineering
Department;
b. the plat shall indicate a 6x8 foot transformer easement at
the northwest corner of the property and 4x4 foot pedestal
easements along the north property line of each of the three
lots;
c. all parking spaces shall be indicated on the final plat;
d. a certified engineer must determine that historic runoff
shall be maintained;
~ Pitkin Row shall be restricted by an approved and recorded,
wl.th the Housing Authority, deed restriction to provide six month
minimum leases, with n~9horter tenancies per year;
\"-ftJ'r" \?..)
f. an affordable housing impact fee shall be paid in the amount
of $48,300.00 to the Housing Authority with a receipt given to
the Finance Director and Planning Office.
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PROPOSED MOTION: I move to approve Ordinance No. 77, Series of
1989 with conditions on second reading.
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. 77
Housing Referral Comments
Engineering Referral Comments
pitkin.row.cc
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Interim city Engineer ~~
Date: December 4, 1989
Re: Pitkin Row Condominiumization
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
~
1. Easements required - There is an electric transformer on the
property which needs to have an easement indicated on the plat.
The location of the transformer at the northwest corner of the
property appears not to be located as shown on the plat. It
appears that the transformer was located in the public right-of-
way. It should have been installed on the private property. We
therefore require that a six by eight foot easement be indicated
at the northwest corner of the property in case the transformer
needs to be removed from the public right-of-way at some time in
the future.
Also, we request four by four utility pedestal easements along
the north property line of each of the three lots. The existing
pedestals should not have been installed within the alley right-
of-way on a new project.
2. Parking - It is not clear from the plat that the application
meets the required number of parking spaces. The spaces on the
lower floor plans are not indicated as garage spaces and do not
show parking spaces. It is not clear if there is sufficient
parking for the number of bedrooms in each unit.
Star~. r~~of~ drai~2ge - The p~oject must ma~~~ain histo~~c
5~o~m d~a~nage runof~ COrlGltlons, and ~his must 2e certifie~ ~y a
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4. Plat comments
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not shown.
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c. There must be a note which references the number and
date of a recent title policy concerning the presence or
lack of existing easements.
d. Indicate survey monuments found and set.
e. Indicate dumpster locations. Dumpsters are not permit-
ted in the alley right-of-way.
f. utility meter locations must be indicated.
g. Indicate zone district. Provide index of sheets.
5. The applicant must agree to join any future improvement
districts for improvements to adjacent public rights-of-way using
current language from the city attorney's office.
cc: Bob Gish, Public Works Director
.
memo 89.118
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Interim City Engineer c:~
Date: November 19, 1989
Re: Pitkin Row Subdivision Exemption for Condominiumization
Having reviewed the above referenced application, the Engineering
Department has the following comments:
1. This application is unacceptable for review. According to
Chapter 24, Section 7-1004(D)(1)(a)(3) of the Municipal Code, a
plat is required with the contents of the application. No plat
was received by the Engineering Department.
There has been a recent trend of some land use reviews having
insufficient platting which has resulted in some problems for the
City. Therefore we must insist on compliance with the require-
ments specified in the code for contents of application.
cc: Bob Gish, Public Works Director
memo_89.109
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MEMORANDUM
TO:
Leslie Lamont, Planning Office
FROM:
Yvonne Blocker, Housing Office
RE:
Pitkin Row Subdivision Exemption for Condominiumization
DATE:
November 20, 1989
===================================================================
SUMMARY: Applicant seeks a subdivision exemption for the
condominiumization of three newly constructed two story duplex
buildings located at 704-20 East Hopkins Avenue in Aspen to be
known as Pitkin Row Condominiums. Each building contains two
three-bedroom units, each with a two car attached garage and
additional paved outdoor parking space for two cars. A site plan
of the project is submitted herewith and a final condominium map
will be submitted and recorded upon approval of the Application.
Each unit contains approximately 3,400 3,900 square feet,
including the garage area.
APPLICANT: 57, Inc. and Aspen consolidated Venture corporation,
c/o Sharon Tingle, P.O. Box 5179, Aspen, Colo. 81612; represented
by catherine McMahon, Garfield and Hecht.
i:
LOCATION:
16.
704-20 East Hopkins Avenue, Aspen, Colorado Lots 10-
ZONING:
O-Office
APPLICANT'S REQUEST: SUbdivision Exemption for the
Condominiumization for the three two-story duplex buildings.
HOUSING REQUIREMENTS: Pursuant to section 7-1008 (A)
Land Use Code provides that the condominiumization of
development shall be reviewed and approved as a
exemption pursuant to the following review standards:
of the Aspen
an existing
subdivision
a. section 7-1008(A) (1) (a) requires that existing
tenants of units to be condominiumized be given written notice of
when thei~ uni~ will be offered for sale and the sale price.
Applicant has stated that this lS a newly constructed proJect wl~n
no existing tenants, therefore this Code requlrement is not
applicable. Accordingly, it is not necessary that the application
~-~"~~0 n~r~~rn~~ ~h~t t0n~n~s hp rrovirled notice ~nd riaht of fi~s~
refusal, to purchase a unit.
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b. section 7-1008(A) (1) (b) provides that the minimum
lease period of all condominiumized residential units in the Office
(0) zone districts be restricted to six (6) month minimum leases,
wi th no more than two (2) shorter tenancies per year, where
specified criteria are not met.
pitkin Row condominiums will be restricted by deed restriction
between the applicant and the city Of Aspen's designee, the
Aspen/Pitkin County Housing Authority, to six (6) month minimum
leases, with no shorter tenancies per year. The deed restriction
will be approved and recorded with the Housing Authority prior to
signature of final plat.
c. section 7-1008(A) (1) (c) provides that owners of new
condominiumized residential dwelling units be subject to an
affordable housing impact fee to offset the impact on the
availability of affordable housing in the community where
affordable housing has not been provided or where the property is
not permanently restricted for sale or rental to qualified
employees as defined in the city's housing guidelines.
The impact fee as applicable to Applicant is as follows:
Three two story buildings with two-three bedroom units:
$8,050 X 6 =$48,300 to be paid prior to signature of final plat.
:!!
STAFF RECOMMENDATION: The Housing Authority recommends approval
subject to the following conditions:
a.Pitkin Row Condominiums will be restricted by an approved
and recorded deed restriction to be filed prior to signature of
final plat. Deed restriction to provide six month minimum leases,
with no shorter tenancies per year.
b. An affordable housing impact fee will be paid prior to
signature on final plat in the amount of $48,300.00.
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Recorded at
o'clock
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Reception No.
Recorder
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
catherine H. McMahon
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Co. 81611
STATEMENT OF SUBDIVISION EXEMPTION
FOR
PITKIN ROW CONDOMINIUMS
WHEREAS, 57, Inc. and Aspen Consolidated Venture Corp.,
both Colorado corporations ("Applicant"), are the owners of a
parcel of real property in the City of Aspen, Pitkin County,
Colorado, described as follows:
Fractional parts of Lots 10, 11 and 12 and all
of Lots 13, 14, 15 and 16, Block 28, East
Aspen Additional Townsite, and Fractional Lots
K, Land M, Block North of Block 104, city and
Townsite of Aspen, County of pitkin, State of
Colorado,
and
WHEREAS, the foregoing real property contains three two-
story duplex buildings; and
WHEREAS, Applicant has requested a subdivision exemption
for condominiumization of the three existing duplex buildings on
the subject property to be known as Pitkin Row Condominiums; and
WHEREAS I the city Council determined ~t its regular
meeting held on January 8, 1990, that such exemption was
appropriate and granted the same, subj ect, however, to certain
conditions as set forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the application for subdivision exemption for
condominiumization of the above-described property is proper and
hereby grants an exemption from the full subdivision process for
such condominiumization.
PROVIDED, HOWEVER, that the foregoing exemption is
expressly conditioned upon (1) The Applicant's recording with the
Pitkin County Clerk & Recorder contemporaneously herewith, that
certain "Declaration of Covenants, ~estrictions and Conditions for
Pitkin Row Condominiums" dated (\('\eI~'" \'L- ,1990 attached
hereto, and (2) The Applicant's strict compliance with the
restrictions contained therein and all representations set forth in
#327139,,-'/12/90 12:29 Rec $1.0.00 f~3~_PG 988
Silvia Davis~ Pitkin Cnty Clerk, DOL $.UU
the Development Application submitted and the binding conditions of
approval on this matter set by the Planning and zoning commission
and the City Council, for itself, its successors and assigns.
DATED this 1fIU day of ~ , 1990.
~.s~i~
APPROVED:
~~V1.~
Edward M. Caswall, City Attorney
I, Kathryn S. Koch, do certify that the foregoing
statement of Subdivision Exemption for condominiumization of Pitkin
Row Condominiums was considered and approved by the Aspen city
council at its regular meeting held January 8, 1990, at which time
the Mayor was authorized to execute the same on behalf of the city
of Aspen.
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Silvia Davis, Pitkin Cnty Clerk, ~ $.00
DECLARATION OF COVENANTS,
RESTRICTIONS AND CONDITIONS
FOR
PITKIN ROW CONDOMINIUMS
57, Inc. and Aspen Consolidated Venture Corp., both
Colorado corporations ("Covenantor"), for themselves, their
successors, and assigns, in consideration of the granting of a
Subdivision Exemption for the condominiumization of the following
described property, hereby covenant with the city of Aspen, Pitkin
County, Colorado, to restrict such property, and hereby do restrict
such property, as follows:
1. Covenantor is the owner of the following described
property (the "Property") together with the improvements situated
thereon in the City of Aspen, County of pitkin, state of Colorado:
Fractional parts of Lots 10, 11 and 12 and all
of Lots 13, 14, 15 and 16, Block 28, East
Aspen Additional Townsite, and Fractional Lots
K, Land M, Block North of Block 104, City and
Townsite of Aspen, county of Pitkin, state of
Colorado,
Hereafter, units 1 and 2, Building A, Units 3 and 4, Building B,
and units 5 and 6, Building C, Pitkin Row Condominiums, city of
Aspen, Pitkin County, Colorado, a~ shown on the Condominium Map
recorded in Plat Book 1,5 at Page !.!::L as Reception No. 3 '2-7 I 37,
and subject to the terms, conditions and obligations of the
Condominium Declaration for Pitkin Row Condominiu~:r recorded in
Book L,':1,1 at Page '3...20 as Reception No. ,~A I L?;:6- ' also
described as 120 South Spring street, 708-20 East Hopkins Avenue,
Aspen, Colorado 81611.
2. The existing six units comprising Pitkin Row
Condominiums shall be and are hereby restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
calendar year, pursuant to section 7-1008(A) (1) (b) (1) of the ~spen
Municipal code, as amended.
3. Covenantor further agrees to join, upon the City'S
demand, any improvement district formed for construction of
improvements, including, without limitation, drainage, underground
utilities, paving, curbs, gutters, sidewalks, street lights, etc.,
in the area of Pitkin Row Condominiums or to reimburse the City of
Aspen directly upon demand if the City should choose to construct
these improvements without the formation of such a district.
4. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument signed
by the record owners of the Property and Mayor of the City of Aspen
pursuant to a vote taken by the City Council.
5. The covenants contained herein shall run with the
land and shall be binding upon all parties having any right, title
or interest in the Property or any part thereof and their heirs,
1*327140 10/"-"/90 12:29 Rec $15.00 BK 6"""F'G 990
Silvia Davis, Pitkin Cnty Clerk, Doc $~OO
representatives, successors and assigns, for the period of the life
of the longest-lived member of the presently-constituted Aspen city
council plus twenty one (21) years, or for a period of fifty (50)
years from the date these covenants are recorded, whichever is
less.
6. The covenants contained herein shall not be released
or waived in any respect during the period they are binding without
the prior written consent of the city of Aspen reflected by
resolution of the City council of the City of Aspen.
7. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing party
shall be entitled to recover its fees and costs incurred thereby,
including its reasonable attorneys' fees and expert witness fees.
IN WITNESS WHEREOF, this
executed this 8th day of October
Declaration has been duly
, 1990.
57, INC., a Colorado
corporation
ASPEN CONSOLIDATED VENTURE
CORP., a Colorado corporation
BY::-=- -::-:.- -::::=-
Sharon H. Tingle,
Vice-President
R V ----::: '
Sharon H. Tingle,
Vice-President
-
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Declaration was acknowledged before me this
8th day of October , 1990 by Sharon H. Tingle as Vice-
President of 57, Inc" a Colorado corporation
."".,"',."........
,~~~~~~~;~~;TNESS my hand and official seal.
:-/ \\ (jiAR y ~commission expires:
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ACKNOWLEDGMENT PAGE TO
DECLARATION OF COVENANTS, RESTRICTIONS
AND CONDITIONS FOR
PITKIN ROW CONDOMINIUMS
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
rVA The ((1omOing Declaration was acknowledged before me this
~~day of Q ~ , 1990 by Sharon H. Tingle as Vice-
President of Aspen consolidated Venture Corp., a Colorado
corporation.
.",.,,,,, l"'(' , WITNESS my hand and official seal.
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ARTICLE I
1.1
1.2
1.3
ARTICLE II
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
ARTICLE III
3.1
3.2
3.3
3.4
3.5
3.6
ARTICLE IV
4.1
4.2
4.3
ARTICLE V
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CONDOMINIUM DECLARATION
FOR
PITKIN ROW CONDOMINIUMS
TABLE OF CONTENTS
DECLARATION - PURPOSES AND EFFECT
General Purposes
Declaration . . .
Name and Address
1
1
1
1
DEFINITIONS
"Association" . . . . .
"Building" . . . .
"Board of Directors" or "Board"
"By-Laws" . . . .
"Common Elements" . . .
"Common Expenses" . . .
"Condominium Declaration"
"Condominium Map" or "Map"
"Condominium Owner" or "Owner"
"Condominium Property" ...
"Condominium Unit" or "Unit"
"Declarant" . . . . . . .
"General Common Elements"
"Land" .........
"Limited Common Elements"
"Managing Agent"
"Mortgage"
"Mortgagee" . . .
1
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
SUBMISSION OF PROPERTY
Grant and Submission
Division into Units
Title . . . . . . . .
Inseparabilitv . . .
Partition not Permitted
Riqht to Combine Units
3
3
4
4
4
4
4
CONDOMINIUM MAP
5
5
5
5
Description .
Interpretation
Amendment . . .
5
5
COMMON ELEMENTS .....
5.1 Use of General and Limited Common Elements
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5.2
5.3
Limited Common Elements . . . . . . . . . . . . . .
Additions. Alterations. and Improvements to General
and Limited Common Elements . . . . . . . . . . . .
Easements for Encroachments . . . . . . . . . . . .
Easements of Access for Repair. Maintenance and
Emerqencies . . . . . . . .. .........
Association's RiGht to Use of Common Elements . . .
Prohibited Use of General and Limited Common
Elements . . . . . . . . . . . . . . . . . . . . .
5.4
5.5
5.6
5.7
ARTICLE VI
6.1
6.2
RIGHTS OF DECLARANT
Amendments to Map . , . . . .
Minor Improvements to proiect . .
ARTICLE VII
CONVEYANCE AND DESCRIPTION OF A CONDOMINIUM UNIT 8
7.1 Conveyance and Description of a Condominium Unit 8
ARTICLE VIII
LIENS AGAINST CONDOMINIUM UNITS
8.1 Mechanic's Lien. . . . . . . . .
a. Common Elements Exception . .
b. DischarGe of Individual Unit
ARTICLE IX
SEPARATE TAXATION
9.1 Separate Taxation. . . . . . .
ARTICLE X
THE ASSOCIATION
10.1 General Purposes and Power
10.2 Membership . . .
10.3 votinq of Members
10.4 Indemnity . . . .
ARTICLE XI
CERTAIN RIGHTS AND OBLIGATIONS OF ASSOCIATION
11.1 Maintenance of Common Elements and BuildinG
11.2 Miscellaneous Services
11.3 Property for Common Use
11.4 Rules and ReGulations
11.5 Enforcement. . .
11.6 Implied RiGhts
11.7 Attornev-In-Fact
ARTICLE XII
ASSESSMENTS
12.1 Aqreement to Pay Assessment.
6
6
6
6
7
7
7
7
8
8
8
9
9
9
9
10
10
10
10
10
11
11
11
11
12
12
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12
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12.2 Amount of Total Annual Assessment. .
12.3 Apportionment of Annual Assessments.
12.4 Notice of Annual Assessments and Time
12.5 Special Assessments. . . . .
12.6 Lien for Assessments . . . .
12.7 Personal Obliaation of Owner
12.8 Statement of Account
12.9 Association Reserves . . . .
for Payment
ARTICLE XIII
USE OF CONDOMINIUM UNITS
13.1 Residential. . . . . . . . . . .
13.2 Prohibition of Certain Activities
13.3 Pets . . . . . . . . . . . . . .
13.4 Maintenance of Interior. . . . .
13.5 Maintenance of Residential Common Elements
13.6 Rules and Reaulations
13.7 Alterations. . . .. ....
13.8 Easements. , . . .. ....
a. Owner's Easements for Access
b. Easements Deemed Appurtenant
13.9 Mortqaqinq a Condominium unit -- Priority
ARTICLE XIV
14.1
INSURANCE
Types of Insurance
a. Casualty Insurance
b. Public Liability and
Insurance . . . .
c. Workmen's Compensation and
Insurance . . . .
d. Fidelity Insurance
e. Other. . . .
Form . . . . . .
Owner's Insurance
Proceeds . . .
Owner Increased Premium
Employer's Liability
Propertv
Damaae
14.2
14.3
14 .4
14.5
ARTICLE XV
DAMAGE OR DESTRUCTION
15.1 Affects Title. . . . . . . . . .
15.2 Association as Aqent . . . . . .
15.3 General Authority of Association
15.4 Estimate of Costs. . . .
15.5 Repair or Reconstruction . . . .
15.6 Funds for Reconstruction . . . .
15.7 Disbursement of Funds for Repair or
Reconstruction . . . .
15.8 Decision Not to Rebuild. . . . . .
13
13
13
14
15
15
16
16
17
17
17
17
17
17
17
17
18
18
18
18
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ARTICLE XVI
OBSOLESCENCE . . . . .
16.1 Adoption of a Plan . . . . . . . .
16.2 Payment for Renewal and Reconstruction
16.3 Sale of Obsolete units
16.4 Distribution of Excess . . . . . . . .
ARTICLE XVII
CONDEMNATION
17.1 Conseouences of Condemnation
17.2 Proceeds . . .
17.3 Complete Takinq
17.4 Partial Takino
17.5 Reorqanization
ARTICLE XVIII
REVOCATION OR AMENDMENT TO DECLARATION
18.1 Revocation
18.2 Amendment . . . . . . . . . . . . . . . .
ARTICLE XIX
23
23
23
23
23
24
24
24
24
24
25
25
25
25
MISCELLANEOUS . . . . . . . . 26
19.1 compliance with provisions of Declaration and
Artic~es. of Incorporation and By-Laws of the
Assocl.atl.on . . . . . . . . . . . . . . . 26
19.2 Reqistration of Mailino Address: Notices 26
19.3 Owner's Oblioations continue 26
19.4 Limited Liability. . . . . . . 26
19.5 Interpretation of the Covenants 27
19.6 Claims Reqardinq Declarant 27
19.7 Failure of Board of Directors to Insist on strict
Performance . . . . . . . . . . 27
19.8 Transfer of Declarant's Riqhts 28
19.9 Amplification. 28
19.10 Sales Activity 28
19.11 Disclaimer. 28
19.12 Severability. 28
19.13 Statute . . . 28
19.14 Number and Gender 28
19.15 section Headinos 28
19.16 Colorado Law. . . 29
EXHIBIT A
EXHIBIT B
EXHIBIT C
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CONDOMINIUM DECLARATION
FOR
PITKIN ROW CONDOMINIUMS
This Condominium Declaration for PITKIN ROW CONDOMINIUMS
is executed this day of , 1990 ("Declaration")
by 57, Inc. and Aspen Consolidated Venture Corp. both Colorado
corporations (collectively "Declarant"). Declarant does hereby
make the following grants, submissions and declarations:
ARTICLE I
DECLARATION - PURPOSES AND EFFECT
1.1 General Purposes. Declarant is the owner of real
property in Pitkin County, Colorado, described on Exhibit A
attached hereto ("Land"), which Land is subject to the easements,
licenses, rights of way, restrictions and reservations of record
set forth on Exhibit B hereto. The purpose of this Declaration is
to submit the Land and all improvements situated thereon (the
"Project") to condominium form of ownership in the manner provided
in the Condominium Ownership Act of the State of Colorado. This
Declaration establishes certain rights and obligations with respect
to the Project for the Declarant and all present and future owners
of the Project. Declarant intends that such owners, mortgagees and
any other person or entity now or hereafter acquiring any interest
in the Project shall hold their interests subject to the rights,
privileges, obligations and restrictions established by this
Declaration. All such rights, privileges, obligations and
restrictions are declared to be in furtherance of a plan to promote
the value, desirability and attractiveness of the Project.
1.2 Declaration. Declarant hereby submits the Project
to this Declaration and declares that the Project shall at all
times be owned, used or occupied subject to the provisions of this
Declaration, which provisions shall constitute covenants running
with the land and shall be binding upon and inure to the benefit of
Declarant and any person or legal entity acquiring any interest in
the Project.
1.3 Name and Address. The name by which this
Condominium is to be identified is PITKIN ROW CONDOMINIUMS. The
address shall be 120 South Spring Street, 708-20 East Hopkins
Avenue, Aspen, Colorado 81611, or such other address as may be
designated by recorded document.
ARTICLE II
DEFINITIONS
The terms I isted below, as used in this Declaration,
shall have the meaning set forth as follows:
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2.1 "Association" means Pitkin Row condominium
Association, a Colorado nonprofit corporation, its successors and
assigns, the Articles of Incorporation and By-Laws of which shall
govern the administration of the Condominium Property and the
members of which shall be all of the Condominium Owners.
2.2 "Building" means the improvements located above, on
or below the surface of the Land, together with any improvements or
additions thereto.
2.3 "Board of Directors" or "Board" means the governing
body of the Association.
2.4 "By-Laws" means the By-Laws for the Pitkin Row
condominium Association, Inc.
2.5 "Common Elements" means the General Common Elements
and the Limited Common Elements.
2.6 "Common Expenses" means and includes expenses of the
administration and operation of the condominium Property, and the
expenses of maintenance, repair or replacement of the Common
Elements (excluding the appurtenant deck and rooftop Limited Common
Elements) ; expenses designated as Common Expenses by the provisions
of this Declaration and/or the By-Laws of the Association, all sums
lawfully assessed against the Common Elements; and any expenses
agreed upon as Common Expenses by the Owners.
2.7 "Condominium Declaration" means
together with any supplement thereto recorded in
Clerk and Recorder of Pitkin County, Colorado.
this instrument
the office of the
2.8 "Condominium Map" or "Map" means the Condominium Map
described in Article IV. If a supplemental or amended Condominium
Map or Maps shall be filed in the records of Pitkin County,
Colorado, the Map shall thereafter mean the original Condominium
Maps, together with all supplemental or amended Maps.
2.9 "Condominium Owner" or "Owner" means a person, firm,
corporation, partnership, association or other legal entity, or any
combination thereof, who owns one or more Condominium units.
2.10 "Condominium Property" or "Project" means
and Building or future buildings, if any, all improvements
thereon and all appurtenant rights thereto created
Declaration.
the Land
situated
by this
2.11 "Condominium Unit" or "unit" means an individual
airspace Unit, consisting of enclosed rooms occupying part of the
Building and bounded by the interior surfaces of the perimeter
walls, floors, ceilings, windows and doors thereof, together with
all fixtures, personal property and improvements therein contained,
but not including structural components of the Building, if any,
within a unit, together with the undivided percentage interest in
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the general and limited common elements appurtenant to such unit,
all as shown on the Condominium Map and as set forth on Exhibit C
attached hereto and incorporated herein by reference.
2.12 "Declarant" means 57, Inc. and Aspen consolidated
Venture Corp., both Colorado corporations, their successors and
assigns.
2.13 "General Common Elements" means and includes the
Land and the structural components of the Building, including but
not limited to, roofs, foundations, pipes, ducts, flues, shoots,
conduits, wires and other utility installations to the outlets,
bearing walls, perimeter walls, columns and girders to the interior
surfaces thereof, regardless of location; walkways and parking
areas which are now or hereafter contained within the Project; all
public utility lines and installations of all utility services
including, but not limited to, power, light, gas, hot and cold
water, and heating; and any or all other portions of the
Condominium Property, except (a) portions of the Condominium
Property contained entirely within and servicing only one Unit or
(b) portions of the Condominium Property which are designated as
Limited Common Elements under this Declaration or on the
Condominium Map.
2.14 "Land" means the real property described in Exhibit
A.
2.15 "Limited Common Elements" means those parts of the
Common Elements which are either limited to or reserved for the
exclusive use of the owners of one or more, but less than all, of
the Condominium units, as described, located or shown on the
Condominium Map by legend, symbol or words.
2.16 "Managing Agent" means the person or firm to which
any of the duties, powers and functions of the Board of Directors
may be delegated, or are delegated pursuant to section 11.2.
2.17 "Mortgage" means any mortgage, deed of trust, or
other security instrument by which a Condominium unit or any part
thereof is encumbered.
2.18 "Mortgagee" means any person, persons, firm,
corporation, partnership, association, other legal entity, or
combination thereof named as the mortgagee or beneficiary under any
Mortgage by which the interest of any Owner is encumbered.
ARTICLE III
SUBMISSION OF PROPERTY
3.1 Grant and Submission. Declarant hereby submits to
this Declaration the Land and Building.
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3.2 Division into units. The Condominium Property is
hereby divided into fee simple estates known as Condominium units.
Each such estate consists of one residential unit, together with an
appurtenant undivided interest as a tenant-in-common in and to the
Common Elements, which undivided interest is more particularly
described, together with the description of each condominium unit
in Exhibit c. Each Condominium Unit shall be identified on the Map
by the number shown in Exhibit c.
3.3 Title. Title to a Condominium unit may be held or
owned by any entity and in any manner in which title to any other
real property may lawfully and properly be held or owned in the
state of Colorado, including, but without limitation to, joint
tenancy or tenancy-in-common.
3.4 Inseparabilitv. An Owner's undivided interest in
the General Common Elements and in any appurtenant Limited Common
Elements shall not be separated from the unit to which they are
appurtenant and shall be deemed to be conveyed with the unit even
though the interest is not expressly mentioned or described in the
deed or other instrument. Every gift, devise, bequest, transfer,
encumbrance, conveyance or other disposition of a condominium unit
or any part thereof shall be irrebuttably presumed to be a gift,
devise, bequest, transfer, encumbrance or conveyance, respectively,
of the entire Condominium Unit together with all appurtenant rights
created by law or by this Declaration.
3.5 Partition not Permitted. The General Common
Elements and the Limited Common Elements shall remain undivided and
no Owner or any other person shall bring any action for partition
or division of any of the Common Elements. Similarly, no action
shall be brought for the partition of a Unit or a condominium unit
between or among the Owners thereof. Each Owner expressly waives
any and all such rights of partition he may have by virtue of his
ownership of a Condominium unit. A violation of this provision
shall entitle the Association personally to collect, jointly or
severally, from the parties violating the same the actual
attorneys' fees, costs and other damages the Association incurs in
connection therewith.
3.6 Riqht to Combine units. Declarant reserves the
right and Owners, upon obtaining written permission of the
Association, are granted the right to combine physically the area
or space of one unit with the area or space of one or more
adjoining Units. Such combination shall not affect the designation
nor prevent separate ownership of such Units in the future. Any
walls or other structural separations between combined units, or
any space which would be occupied by such structural separation but
for the combination of units, shall remain General Common Elements.
Alterations to walls or other structural separations shall not
alter the bearing capabilities of such structures and shall not
adversely affect other Owners. Upon the combination of two or more
Units, the unit so formed shall have the total of the percentage
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interests in the Common Elements, set forth in Exhibit C, or the
most recent Amendment thereto, of each unit so combined.
ARTICLE IV
CONDOMINIUM MAP
4.1 Description. The Map shall be filed for record in
the Office of the County Clerk and Recorder of Pitkin County,
Colorado, and is incorporated herein and made a part hereof by
reference. The Map may be filed in whole or in parts or sections
from time to time. Each section of the Map filed subsequent to the
first or initially filed Map shall be termed a Supplement to such
Map and the numerical sequence of such Supplement shall be shown
thereon. The Map shall be filed for record prior to the conveyance
of a Condominium Unit to a purchaser. The Map shall depict and
show at least the following: the legal description of the Land and
survey thereof; the location of the Building on the Land, the floor
and elevation plan; the location of the units within the Building,
both horizontally and vertically; the location of any structural
components or supporting elements of the Building; the dimensions
of all boundaries of each Unit; the unit numbers identifying the
Units; and designation of the Common Elements. The Map shall con-
tain the certificate of a registered Colorado land surveyor certi-
fying that the Map substantially depicts the location and the hori-
zontal and vertical measurements of the Building, the units, the
unit designations, the dimension of the units, the elevations of
the unfinished floors and ceilings as constructed and that such Map
was prepared subsequent to substantial completion of the improve-
ments. Each supplemental Map and/or any amendment shall set forth
a like certificate when appropriate.
4.2 Interpretation. When interpreting the Map, the
existing physical boundaries of each separate unit as constructed
shall be conclusively presumed to be its boundaries, and therefore
shall be ,the property intended to be conveyed, reserved or
encumbered, notwithstanding any minor deviations from the location
of such unit indicated on the Map.
4.3 Amendment. Declarant reserves the right to amend
the Map, from time to time, as set forth in section 6.1 herein.
ARTICLE V
COMMON ELEMENTS
5.1 Use of General and Limited Common Elements. subj ect
to the limitations contained in this Declaration, each Owner shall
have the nonexclusive right to use and enjoy the General Common
Elements and his appurtenant Limited Common Elements in accordance
with the purpose for which they are intended without hindering or
encroaching on the lawful rights of the other Owners. The
Association may, from time to time, adopt rules and regulations
governing the use of General and Limited Common Elements and such
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rules and regulations shall be uniform and nondiscriminatory. Each
Owner, by the acceptance of his deed or other instrument of
conveyance or assignment, agrees to accept and be bound by any
rules and regulations adopted by the Association.
5.2 Limited Common Elements. subject to the definition
thereof, the Limited Common Elements shall be identified on the Map
and designated as appurtenant to a particular Condominium unit on
the Map or in a deed from the Declarant. Any door, window,
balcony, porch, patio, deck, jacuzzi, hot tub or grill which is
accessible from, associated with and adjoins a unit, deck or roof
areas, storage areas or any other areas identified as Limited
Common Elements on the Map shall, without further reference
thereto, be used in connection with the unit to which it is
appurtenant to the exclusion of the use thereof by other owners,
except by invitation.
5.3 Additions. Alterations. and Improvements to General
and Limited Common Elements. The right to make additions,
alterations and improvements to the General Common Elements shall
vest in the Association. No structural modifications or
alterations to a unit or installations located therein or to a
Limited Common Element may be made by an Owner without the written
consent of the Board of Directors, and then only in accordance with
the provisions of Sections 3.5, 3.6, 13.2 and 13.7 herein. There
shall be no special assessments in excess of $10,000.00 levied by
the Association in anyone calendar year or any capital additions,
alterations or improvements of or to the General Common Elements or
Limited Common Elements by the Association requiring expenditures
in excess of $10,000.00 in anyone calendar year without, in each
case, prior approval by a majority of the votes in the Association,
except in the event of an emergency. The limitations set forth
herein shall not apply to any expenditures made by the Association
for maintenance and repair of the Common Elements set forth in
Section 11.1 of this Declaration or for repair in the event of
damage, destruction or condemnation as provided in Articles XV and
XVII hereof.
5.4 Easements for Encroachments. If any part of the
General Common Elements encroaches upon a unit or units, an
easement for such encroachment and for the maintenance of the same,
so long as it stands, shall and does exist. Such encroachment
shall not be considered to be encumbrances either on the General
Common Elements or the Units affecting the marketability of title
to any Unit. Encroachments referred to herein include, but are not
limited to, encroachments caused by error in the original
construction of the Building, by error in the Condominium Map, by
settling, rising or shifting of the earth, or by changes in
position caused by repair or reconstruction of the Project or any
part thereof.
5.5 Easements of Access for Repair. Maintenance and
Emeraencies. Some of the General Common Elements and Limited
Common Elements are or may be located within the Units or may be
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conveniently accessible only through the Units. The Owners of
other units shall have the irrevocable right, to be exercised in
accordance with the By-Laws by the Association, as their agent, to
have an easement for access to each unit and to all General Common
Elements and Limited Common Elements from time to time upon reason-
able notice and during such reasonable hours as may be necessary
for the maintenance, repair or replacement of any of the General
Common Elements or Limited Common Elements located therein or
accessible therefrom or for making emergency repairs therein
necessary to prevent damage to the General Common Elements or the
Limited Common Elements or to another unit or units. The Associ-
ation shall also have such right independent of any agency rela-
tionship. Damage to the interior or any part of a unit or units
resulting from the maintenance, repair, emergency repair or
replacement of any of the General Common Elements or Limited Common
Elements or as a result of emergency repairs within another unit at
the instance of the Association or of the Owners shall be an
expense of the following: all of the Owners, if such repair was to
a Common Element or to protect a Common Element (but excluding
appurtenant deck and rooftop Limited Common Elements); of the Owner
of a Unit if such repair was to protect a unit or appurtenant deck
and rooftop Limited Common Elements; provided, however, that if
such damage is the result of negligence of the Owner of a Unit,
then such Owner shall be financially responsible for all of such
damage. Such damage shall be repaired and the property shall be
restored substantially to the same condition as existed prior to
damage. Amounts owing by Owners pursuant hereto shall be collected
by the Association by assessment pursuant to Article XII. No
diminution or abatement of annual assessments shall be claimed or
allowed for inconvenience or discomfort arising from the making of
repairs or improvements or from action taken to comply with any
law, ordinance or order of any governmental authority.
5.6 Association's Riqht to Use of Common Elements. The
Association shall have a nonexclusive easement to make such use of
the General Common Elements and Limited Common Elements as may be
necessary or appropriate to perform the duties and functions which
it is obligated or permitted to perform pursuant to this
Declaration.
5.7 Prohibited Use of General and Limited Common
Elements. There shall be no obstruction of the General Common
Elements or Limited Common Elements, nor shall anything be stored
on any part of the General Common Elements or Limited Common
Elements without the prior written consent of the Association,
except as specifically provided herein.
ARTICLE VI
RIGHTS OF DECLARANT
6.1 Amendments to Map. Declarant hereby reserves unto
himself and the Association the right, from time to time, without
the consent of any Owner being required, to amend the Map and any
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supplements or amendments to the Map, to conform the Map to the
actual location of any of the constructed improvements, to
establish, vacate and relocate utility easements, access easements
and parking spaces, if any, and to establish certain General Common
Elements as Limited Common Elements.
6.2 Minor Improvements to proi ect. So long as the
Declarant is an owner of a unit, Declarant shall have the right to
make minor improvements to the Project, including units which have
not been purchased, without seeking approval of the Association or
the Owners. Such improvements shall not exceed $10,000.00 and
shall be assessed as a special assessment against the units in the
manner set forth in Article XII herein.
ARTICLE VII
CONVEYANCE AND DESCRIPTION OF A CONDOMINIUM UNIT
7.1 Conveyance and Description of a Condominium unit.
Every contract, deed, lease, mortgage, deed of trust, will or other
instrument affecting title to a Condominium unit may describe that
Condominium unit by the number shown on the Condominium Map
followed by the words "Pitkin Row Condominiums" with further
reference to the Condominium Map and any amendments or supplements
thereto filed for record. It shall be sufficient for a unit to be
described as follows:
Unit ,PITKIN ROW CONDOMINIUMS according to the
Condominium Map thereof recorded in Plat Book at Page
_ as Reception No. and as further
defined and described in the Condominium Declaration
recorded in Book _ at Page_ as Reception No.
, Pitkin County, Colorado.
ARTICLE VIII
LIENS AGAINST CONDOMINIUM UNITS
8.1 Mechanic's Lien. No labor performed or materials
furnished for use in connection with any unit shall create any
rights to file a statement of mechanic's lien against the unit or
any other Owner not expressly consenting to or requesting the same
or against any interest in the General Common Elements except as to
the undivided interest therein appurtenant to the unit of the Owner
for whom such labor shall have been performed and such materials
shall have been furnished. Each Owner shall indemnify and hold
harmless each of the other Owners from and against any liability or
loss, including reasonable attorneys' fees, arising from the claim
of any lien against the Condominium unit, or any part thereof, or
any other Owner or against the General Common Elements or the
Limited Common Elements for labor performed or for materials
furnished in connection with the first Owner's unit. At the
written request of any Owner, the Association shall enforce such
indemnity by collecting from the Owner of the unit on which the
8
,""""" -"".,
1t327138 ~~ _ 1.2/90 12: :27 n(~C !t~185. 00 E h31 PG 962
Silvia D(;"';i.s~ Pitkin Cflty Cler'k, Doc ^~~.OO
labor was performed and materials furnished the amount necessary to
discharge any such lien, including all costs incidental thereto,
and obtaining a discharge of the lien. Such collection shall be
made by assessment pursuant to Article XII.
a. Common Elements Exception. Notwithstanding the
foregoing, labor performed or materials furnished for the Common
Elements, if duly authorized by the Association in accordance with
the Declaration or the Bylaws, shall be deemed to be performed or
furnished with the express consent of each Owner and shall be the
basis for the filing of a lien pursuant to law against each of the
Condominium Units in the Project.
b. Discharqe of Individual unit. In the event a lien is
effected against all of the Condominium Units, the Owners of the
separate Condominium units may remove their Condominium units from
the lien by payment of the fractional or proportional amount
attributable to each of the Condominium units affected. Individual
payment shall be computed by reference to the percentages appearing
in this Declaration. Subsequent to payment, discharge or other
satisfaction, the Condominium unit shall be released from the lien
paid, satisfied or discharged. Partial payment, satisfaction or
discharge shall not prevent the lienor from proceeding to enforce
his rights against any Condominium unit not so released or
discharged.
ARTICLE IX
SEPARATE TAXATION
9.1 Separate Taxation. Each Condominium Unit shall be
deemed to be a separate parcel and shall be subject to separate
assessment and taxation by each assessing unit and special district
for all types of taxes authorized by law, including ad valorem
levies and special assessments. Neither the Building, the
Condominium Property nor any use of the General Common Elements
shall be deemed to be a parcel. The lien for taxes assessed to any
condominium unit shall be confined to that Condominium Unit. No
forfeiture or sale of any Condominium unit for delinquent taxes,
assessments or other governmental charges shall divest or in any
way affect the title to any other Condominium unit. In the event
that such taxes or assessments for any year are not separately
assessed to each Owner and rather are assessed on the Condominium
Property as a whole, each Owner shall pay his proportionate share
thereof in accordance with his ownership interest in the Common
Elements and, in such event, such taxes or assessment shall be a
Common Expense. without limiting the authority of the Association
provided for elsewhere herein, the Association shall have the
authority to collect from the Owners their proportionate share of
taxes or assessments for any year in which taxes are assessed on
the Condominium Property as a whole.
9
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...~ .. 1,"",.--'7 Her: $185.00 L,~31
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F'G 963
ARTICLE X
THE ASSOCIATION
10.1 General Purposes and Power. The Association, on its
own behalf or through its Managing Agent, shall perform functions
and hold and manage property as provided in this Declaration so as
to further the interests of Owners of Condominium units in the
Project. It shall have all powers necessary or desirable to
effectuate such purposes. The Association may elect three (3)
members as defined in section 10.2 below to the Board of Directors
to govern its activities. Notwithstanding the foregoing, Declarant
or his agent or representative shall, at the Declarant's option,
perform the rights, duties and functions of the Board of Directors
until the development of the Condominium Property has been com-
pleted and until five (5) of the units have been sold or conveyed.
10.2 Membership. The Owner of a Condominium unit shall
automatically become a member of the Association. The membership
is appurtenant to the Condominium unit of the Owner and the
ownership of the membership for a Condominium Unit shall
automatically pass with fee simple title to the Condominium unit.
The memberships in the Association may not be transferred except in
connection with the transfer of a Condominium Unit, and therefore
memberships in the Association shall be limited to owners of
Condominium units in the Project. Each Owner shall automatically
be entitled to the benefits and subject to the burdens relating to
the membership for his Condominium unit. If the fee simple title
to a Condominium unit is held by more than one (1) person, each
owner of a condominium unit shall be a member of the Association
but voting of multiple owners of a Condominium unit shall be as
specified in the By-Laws of the Association. Fractional voting
shall not be permitted.
10.3 votinq of Members. The ownership of each
condominium unit, whether held by one (1) person, multiple persons,
or by a firm, corporation, partnership, association or other legal
entity, or a combination thereof, shall be entitled to one vote.
10.4 Indemnitv. The members of the Association and the
directors, officers and employees of the Association, if any, shall
not be liable to the Association or the Owners for any mistake of
judgment, or any acts or omissions made in good faith by such
members, directors, officers or employees. The Association and the
Managing Agent may hire and rely upon the advice or opinion of a
certified public accountant, attorney or other professional engaged
by the Association or the Managing Agent in the pursuit of their
duties on behalf of the Owners. The Association and Managing Agent
shall not be held liable for any erroneous advice or opinion
rendered by such professional. The Owners shall indemnify and hold
harmless the Association and the Managing Agent against all
contractual liability to others arising out of contracts made by
the Association or the Managing Agent on behalf of the Owners
unless any such contract shall have been made in bad faith or
10
,.....1 ~
H32713! ,0/17./90 1".~- co, ;"18'- ,-,,' 1" 6~1
""""- - - ~::. ..::. (" nee:p J. - ....-.-r:.. oJ
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
PG 964
contrary to the express provisions of this Declaration. The
liability of any Owner arising out of any contract made by the
Association or Managing Agent or out of the aforesaid indemnity
shall be limited to such proportion of the total liability
thereunder as that Owner's percentage interest in the Common
Elements bears to the Project. Each agreement for which indemnity
is provided hereunder shall have been executed by such persons
expressly as agents for the Association.
ARTICLE XI
CERTAIN RIGHTS AND OBLIGATIONS OF ASSOCIATION
11.1 Maintenance of Common Elements and Buildinq. The
Association, subject to the rights of the Owners set forth in
Article V hereof, shall be responsible for the exclusive management
and control of the General Common Elements and the Limited Common
Elements appurtenant to all of the Units and all improvements
thereon (including furnishings and equipment if related thereto),
and shall keep the same in good, clean, attractive and sanitary
condition, order and repair. The Association shall be responsible
for the maintenance and repair of exterior surfaces of the
Building, including, without limitation, the painting of the same
as often as necessary, the replacement of trim and caulking, the
maintenance and repair of roofs, the maintenance and repair of
other General Common Elements, including utility lines, and Limited
Common Elements (but excluding appurtenant deck and rooftop Limited
Common Elements), and all other improvements or materials located
within or used in connection with the General Common Elements and
Limited Common Elements. The cost of such management, operation,
maintenance, repair and improvement shall be borne as provided in
Article XII.
11.2 Miscellaneous Services. The Association may obtain
and pay for the services of any person or entity to act as Managing
Agent and to manage the Association's affairs, or any part thereof,
to the extent the Association deems advisable, as well as such
other personnel as the Association shall determine to be necessary
or desirable for the proper operation of the Project, whether such
personnel are furnished or employed directly by the Association or
by any person or entity with whom or which it contracts. The
Association may obtain and pay for legal and accounting services
necessary or desirable in connection with the operation of the
Project or the enforcement of this Declaration. The Association
may arrange with others to furnish lighting, heating, water, trash
collection, snow removal, landscaping, sewer service and other
common services to each Unit. The cost of such services shall be
borne as provided in Article XII.
11.3 Property for Common Use. The Association may
acquire and hold for the use and benefit of all of the Owners real
property and tangible and intangible personal property and may
dispose of the same by sale or otherwise, and the beneficial
interest in any such property shall be deemed to be owned by the
11
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1>327138 1~~12/90 12: 2-;' nee $185. 00 Bf~-631 F'G 965
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Owners in the same proportion as their respective interests in the
Common Elements. Such interest shall not be transferable except
with the transfer of a condominium unit. A transfer of a
Condominium unit shall transfer to the transferee ownership of the
transferor's beneficial interest in such property without any
reference thereto. Each Owner may use such property in accordance
with the purpose for which it is intended, without hindering or
encroaching upon the lawful rights of other Owners. The transfer
of title to a Condominium unit under foreclosure shall entitle the
purchaser to the interest in such personal property associated with
the foreclosed Condominium unit.
11. 4 Rules and Requlations. The Association may make
reasonable rules and regulations governing the use of the units and
of the General Common Elements and Limited Common Elements, which
rules and regulations shall be consistent with the rights and
duties established in this Declaration.
11.5 Enforcement. The Association may suspend any
Owner's voting rights in the Association during any period or
periods during which such Owner fails to comply with such rules and
regulations, or with any other obligations of such Owner under this
Declaration, the By-Laws and the Articles of Incorporation. The
Association may also take judicial action and/or impose monetary
fines against any Owner to enforce compliance with such rules,
regulations or other obligations or to obtain damages for
noncompliance, all to the extent permitted by law.
11.6 Implied Riqhts. The Association may exercise any
other right or privilege given to it expressly by this Declaration
or by law and every other right or privilege given to it herein or
reasonably necessary to effectuate any such right or privilege.
11.7 Attorney-In-Fact. The Association is hereby
irrevocably appointed attorney-in-fact for the Owners and each of
them to manage, control and deal with the interest of each Owner in
the General Common Elements and Limited Common Elements so as to
permit the Association to fulfill all of its duties and obligations
hereunder and to exercise all of its rights hereunder, to deal with
the Project on its destruction or obsolescence as hereinafter
provided and to grant utility easements through any portion of the
General Common Elements or Limited Common Elements. The acceptance
by any person of any interest in any Condominium unit shall
constitute an appointment of the Association as attorney-in-fact as
provided above and hereinafter. The Association is hereby granted
all of the powers necessary to govern, manage, maintain, repair,
rebuild, administer and regulate the Project and to perform all of
the duties required of it. The acceptance by any person or entity
of any interest in any condominium Unit shall constitute an
appointment by that person or entity of the Association as
attorney-in-fact as above provided.
12
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:~:~Z?l~ 10/12/90 12:2"? Rec '~185.(:"",'m:: 631 F'G 966
olIvIa DavIs, Pitkin ~nty Clerk, Doc $.00
ARTICLE XII
ASSESSMENTS
12.1 Aqreement to Pay Assessment. Declarant, for each
condomiriium unit owned by it within the project, and as the owner
of the Project and every part thereof, hereby covenants, and each
Owner of any Condominium unit by the acceptance of a deed therefor,
whether or not it be so expressed in the deed, shall be deemed to
covenant and agree with each other and with the Association to pay
to the Association, annual assessments made by the Association for
the purposes provided in this Declaration, and special assessments
for capital improvements and other matters as provided in this
Declaration. Such assessments shall be fixed, established and
collected from time to time in the manner provided in this Article,
and by the Articles of Incorporation and By-Laws of the
Association.
12.2 Amount of Total Annual Assessment. At least once
each year the Association shall estimate the annual budget of
Common Expenses and the annual budget for estimated expenses
growing out of or connected with the maintenance of the Common
Elements (but excluding the appurtenant deck and rooftop Limited
Common Elements). Total annual assessments against all Condominium
units shall be based upon the estimated budget which shall provide
for the payment of all estimated expenses growing out of or
connected with the maintenance and operation of the Common Elements
or furnishing utility services to the units, which estimates may
include, among other things, taxes and special assessments, until
the Condominium units are separately assessed as provided herein;
premiums for all insurance which the Association is required or
permitted to maintain pursuant hereto; common lighting, heating,
and water charges; trash collection; snow removal; landscaping;
sewer service charges; repairs and maintenance; wages for
Association employees; legal and accounting fees; any def ici t
remaining ,from a previous period; the creation of a reasonable
contingency reserve, surplus and/or sinking fund; and any other
expenses and liabilities which may be incurred by the Association
for the benefit of the Owners under or by reason of this
Declaration (but excluding appurtenant deck and rooftop Limited
Common Elements).
12.3 Apportionment of Annual Assessments. Expenses
attributable to the Common Elements and to the Project as a whole
shall be apportioned among all Owners in proportion to their
respective undivided interests in the Common Elements.
12.4 Notice of Annual Assessments and Time for Payment.
Annual assessments shall be made on a calendar year basis. The
Association shall give written notice to each Owner as to the
amount of the annual assessment with respect to his Condominium
Unit not less than sixty (60) days prior to the beginning of the
next calendar year. Such assessment shall be due and payable in
quarterly installments on the first day of each quarter. Each
13
~ ~,
lt3271:3&......,O/12/90 12: 27 Rec $185. OG ,.)< 631 PG 967
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
quarterly assessment shall bear interest at the rate of eighteen
percent (18%) per annum or six percent (6%) over the prime rate as
of the date of delinquency, whichever is higher, from the date it
becomes due and payable if not paid within thirty (30) days after
such date and there shall be a late charge in an amount to be
determined by the Board of Directors for each month in which an
assessment payment is delinquent. Failure of the Association to
give timely notice of any assessment as provided herein shall not
affect the liability of the Owner of the Condominium unit for such
assessment, but the date when payment shall become due in such case
shall be deferred to a date thirty (30) days after such notice
shall have been given. The failure or delay of the Association to
prepare or serve the annual or adjusted budget on the Owners shall
not constitute a waiver or release in any manner of the Owner's
obligation to pay the maintenance and other costs and necessary
reserves, as herein provided, whenever the same shall be
determined, and in the absence of any annual budget or adjusted
budget, the Owners shall continue to pay the quarterly assessment
charges at the then existing quarterly rate established for the
previous period until the new annual or adjusted budget shall have
been mailed or delivered. The Association may, at its discretion,
determine that annual assessments shall be due and payable in equal
monthly installments rather than quarterly installments. Notice of
such determination shall be mailed to all Owners not less than
sixty (60) days prior to the imposition of the monthly assessments.
The default in the payment of anyone installment of the annual
assessment shall give the Association the right to accelerate
through the end of the calendar year the remaining amount of annual
assessments due from any unit Owner as immediately due and payable.
12.5 Special Assessments. In addition to the annual
assessments authorized by this Article, the Association, subject to
the limitations of Section 5.3 above, may levy in any assessment
year a special assessment payable over such a period as the
Association may determine, for the purpose of defraying, in whole
or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of the Project or any part
thereof, or for any other expenses incurred or to be incurred as
provided in this Declaration, including, without limitation, any
and all expenses which may be incurred with respect to capital
improvements. This section shall not be construed as an
independent source of authority for the Association to incur
expenses, but shall be construed to prescribe the manner of
assessing for expenses authorized by other sections hereof. Any
amounts assessed pursuant hereto shall be assessed to Owners in
proportion to their respective undivided interest in the Common
Elements. Notice in writing of the amount of such special
assessments and the time for payment thereof shall be given
promptly to the Owners, and no payment shall be due less than
thirty (30) days after such notice shall have been given. A
special assessment shall bear interest at the rate of eighteen
percent (18%) per annum or six percent (6%) over the prime rate as
of the date of delinquency, whichever is higher, from the date it
14
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lt327138 1c:t/12/90 12: 27 Pee $185.00 m<""<!S31 F'G 968
Silvia Davis, Pitkin Cnty Clerk, Doc $~OO
becomes due and payable if not paid within thirty (30) days after
such date.
12.6 Lien for Assessments. All sums assessed to any
condominium unit pursuant to this Article, together with interest
thereon as provided herein, shall be secured by a lien on such
Condominium unit in favor of the Association. Such lien shall be
superior to all other liens and encumbrances on such condominium
unit, except only for: (a) valid tax and special assessment liens
on the Condominium unit in favor of any governmental assessing
authority; and (b) a lien for all sums unpaid on a first Mortgage,
duly recorded in the Pitkin county, Colorado, real estate records,
including all unpaid obligatory advances to be made pursuant to
such Mortgage and all amounts advanced pursuant to such Mortgage
and secured by the lien thereof in accordance with the terms of
such instrumeI:1t. All other lienors acquiring liens on any
Condominium Unit after this Declaration shall have been recorded in
said records shall be deemed to consent that such liens shall be
inferior to future liens for assessments, as provided herein,
whether or not such consent be specifically set forth in the
instruments creating such liens. To evidence a lien for sums
assessed pursuant to this Article, the Association may prepare a
written notice of lien setting forth the amount of the assessment,
the date due, the amount remaining unpaid, the name of the Owner of
the Condominium unit and a description of the condominium unit.
Such a notice shall be signed by the Association and may be
recorded in the office of the County Clerk and Recorder of Pitkin
county, Colorado. No notice of lien shall be recorded until there
is a delinquency in payment of the assessment. Such lien may be
enforced by judicial foreclosure by the Association in the same
manner in which mortgages on real property may be foreclosed in
Colorado. In any such foreclosure, the Owner shall be required to
pay the costs and expenses of such proceeding, the costs and
expenses of filing the notice of lien and all reasonable attorneys'
fees. All such costs and expenses shall be secured by the lien
being foreclosed. The Owner shall also be required to pay to the
Association any assessments against the Condominium unit which
shall become due during the period of foreclosure. The Association
shall have the right and power to bid at the foreclosure sale or
other legal sale and to acquire, hold, convey, lease, rent,
encumber, use and otherwise deal with the same as the Owner
thereof. A release of notice of lien shall be executed by the
Association and recorded in the Pitkin County, Colorado, real
estate records, upon payment of all sums secured by a lien which
has been made the subject of a recorded notice of lien. Any
encumbrancer holding a lien on a Condominium unit may pay, but
shall not be required to pay, any amounts secur.ed by the lien
created by this section, and upon such payment such encumbrancer
shall be subrogated to all rights of the Association with respect
to such lien, including priority.
12.7 Personal Obliqation of Owner. The amount of any
annual or special assessment against any Condominium unit shall be
the personal obligation of the Owner thereof to the Association.
15
/''''' - . " _ 631 P13 969
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suit to recover a money judgment for such personal obligation,
including the costs and attorneys' fees incurred by the Association
~n the prosecution thereof, shall be maintainable by the
Association without foreclosing or waiving the lien securing the
same. No Owner may avoid or diminish any personal obligation by
waiver of the use and enjoyment of any of the Common Elements or by
abandonment of his Condominium unit.
12.8 statement of Account. Upon payment of a reasonable
fee, not to exceed Twenty-Five and No/IOO Dollars ($25.00), and
upon written request of any Owner or any Mortgagee, prospective
Mortgagee or prospective purchaser of a Condominium Unit, the
Association shall issue a written statement setting forth the
amount of the unpaid assessments, if any, with respect to such
Condominium unit; the amount of the current yearly assessment and
the date that such assessment becomes or became due; credit for
advanced payment or prepaid items, including but not limited to, an
Owner's share of prepaid insurance premiums; and such statement
shall be conclusive upon the Association in favor of personS who
rely thereon in good faith. Unless such request for a statement of
account shall be complied with within ten (10) days, unless such
request is made by an Owner, all unpaid assessments which became
due prior to the date of making such request shall be subordinate
to the lien or other interest of the party requesting such state-
ment. Where a prospective purchaser makes such request, both the
lien for such unpaid assessment and the personal obligations of
the purchaser (but not the seller) shall be released automatically
if the statement is not furnished within said ten-day period
provided if, thereafter, an additional written request is made by
such purchaser and is not complied with within ten (10) days, and
the purchaser subsequently acquires the Condominium unit. The
provisions set forth in this section shall not apply to the initial
sales and conveyances of units made by Declarant, and such sale
shall be free from common expenses to the date of conveyance made
or to a date as agreed upon by Declarant and Declarant's grantee.
12.9 Association Reserves. The Association may require
an Owner, other than Declarant, to deposit with the Association an
amount not exceeding the amount of the original estimated annual
assessment, which sum shall be held by the Association as a reserve
to be used for paying such Owner I s annual assessment and for
working capital, This deposit shall not accrue any interest for
the benefit of the Owner. Such an advance payment shall not
relieve an Owner from making the regular payment of the annual
assessment as the same comes due. On the transfer of his
Condominium unit, an Owner shall be entitled to a credit from his
transferee for any unused portion thereof. Such reserves shall, at
all times, remain as capital of the Association.
16
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ARTICLE XIII
USE OF CONDOMINIUM UNITS
13.1 Residential. Each Unit shall
residential purposes only, and no trade or business
be carried on therein. Lease or rental of a Unit
residential purposes shall not be considered to be
this covenant.
be used for
of any kind may
for lodging or
a violation of
13.2 Prohibition of certain Activities. Nothing shall be
done or kept in any condominium Unit or in the General Common
Elements or Limited Common Elements or any part thereof which would
result in the cancellation of the insurance on the Project or any
part thereof or which would result in an increase in the rate of
the insurance on the project or any part thereof over what the
Association, but for such activity, would pay, without the prior
written consent of the Association. Nothing shall be done or kept
in any Condominium Unit or in the General Common Elements or the
Limited Common Elements or any part thereof which would be in
violation of any statute, rule, ordinance, regulation, permit or
other validly imposed requirement of any governmental body.
13.3 Pets. The Association may by rules and regulations
prohibit or limit the raising, breeding or keeping of animals in
any Unit or on the Common Elements or any part thereof.
13.4 Maintenance of Interior.
interior of his unit, including, but
walls, windows, glass, ceilings, floors
appurtenances thereto, in a clean,
condition and good state of repair.
Each Owner shall keep the
not limited to, interior
and permanent fixtures and
sanitary and attractive
13.5 Maintenance of Residential Common Elements. Each
Owner of a condominium Unit shall maintain and repair any internal
installation such as water, light, gas, power, sewer, telephone,
garbage disposals, doors, windows, lamps and accessories, as well
as all fixtures and appliances, whether the same are Common
Elements or not, located within such Owner's Unit and including
appurtenant deck and rooftop Limited Common Elements.
13.6 Rules and Requlations. No Owner shall violate the
rules and regulations for use of the Condominium Units and of the
General Common Elements or the Limited Common Elements as adopted
from time to time by the Association.
13.7 Alterations. No structural alterations to any
Condominium Unit or Limited Common Element shall be made, and no
plumbing, electrical or similar work within the Common Elements
(but excluding appurtenant deck and rooftop Limited Common
Elements) shall be done, by any Owner without the prior written
consent of the Association.
17
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..t,~.':"f..~): .,,,;,, () ..::.:2(Rec:!t;!85.00"-./631
SIlvIa D~('t;'tis, Pi.t.kin Cnty Cler'k, Doc $,,00
F'G 971
13.8 Easements. The following easements shall be
appurtenant to each Condominium unit:
a. Owner's Easements for Access. Each Owner shall have
a nonexclusive easement for access between his Condominium unit and
the roads and streets adjacent to the Project and the roads,
streets and driveways in the Project, over and on the lobby, halls,
corridors, stairs, walks, and exterior access and other easements
which are part of the General Common Elements.
b. Easements Deemed Appurtenant. The easements, uses
and rights herein created for an Owner shall be appurtenant to the
condominium unit of that Owner; and all conveyances of and other
instruments affecting title to a Condominium unit shall be deemed
to grant and reserve the easements, uses and rights as are provided
for herein, even though no specific reference to such easements,
uses and rights appear in any such conveyance.
13.9 Mortqaqinq a Condominium unit -- prioritv. Any
Owner shall have the right from time to time to mortgage or
encumber his Condominium unit by deed of trust, mortgage or other
security instrument. The Owner of a condominium unit may create
junior mortgages (junior to the lien, deed of trust or other
encumbrance of the first mortgagee) on his Condominium unit on the
following conditions: (1) that any such junior mortgages shall
always be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, liens for common
expenses and other obligations created by this Declaration, the
Articles, the By-laws and rules and regulations promulgated
thereunder, and (2) that the mortgagee under any junior mortgage
shall release for the purpose of restoration of any improvements on
the mortgaged premises all of his right, title and interest in and
to the proceeds under all insurance policies effected and placed on
the project by the Association. Such release shall be furnished
forthwith by a junior mortgagee on written request of the Managing
Agent or one (1) or more of the Board of Directors of the
Association, and if not furnished, may be executed by the
Association as attorney-in-fact for such junior mortgagee.
ARTICLE XIV
INSURANCE
14.1 Tvpes of Insurance. The Association shall obtain
and keep in full force and effect at all times the following
l.nsurance coverage provided by companies duly authorized to do
business in Colorado. The provisions of this Article shall not be
construed to limit the power or authority of the Association to
obtain and maintain insurance coverage, in addition to any
insurance coverage required hereunder, in such amounts and in such
forms as the Association may deem appropriate from time to time.
a. Casualtv Insurance. The Association shall obtain and
maintain casualty insurance on the Common Elements of the Project
18
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,1*:3271'3'0 10/12/90 12: 27 Rec $185. od Bf< b~~
Silvia Davis, Pitkin Cnty Clerk, Doc ..uu
PG 972
in such amounts as shall provide for full replacement thereof in
the event of damage or destruction from the casualty against which
such insurance is obtained, all in the manner and with such
coverage as an Owner of similar buildings in the vicinity of the
Project would, in the exercise of prudent business judgment,
obtain. Such insurance shall include fire and extended coverage,
vandalism and malicious mischief, and such other risks and hazards
against which the Association shall deem it appropriate to provide
insurance protection. The Association may comply with the above
requirements by the purchase of blanket coverage and may elect such
deductible provisions as in the Association's opinion are
consistent with good business practice. The adequacy of such
insurance in relation to full replacement value shall be reviewed
at least annually by the Association. If available at a reasonable
premium, the insurance policy shall contain an inflation guard
endorsement that automatically increases the amount of coverage by
a fixed percentage at least annually.
b. Public Liability and Property Damaqe Insurance. The
Association shall purchase broad form comprehensive public
liability and property damage insurance coverage in such amounts
and in such forms as it deems advisable to provide adequate
protection. Coverage shall include without limitation, liability
for personal injuries, operation of automobiles on behalf of the
Association, and activities in connection with the ownership,
operation, maintenance and other use of the Project.
c. Workmen's Compensation and Emplover' s Liability
Insurance. The Association shall purchase workmen's compensation
and employer's liability insurance and all other similar insurance
in respect to employees of the Association in the amounts and in
the forms now or hereafter required by law.
d. Fidelity Insurance. The Association may, but shall
not be required to, purchase, in such amounts and in such forms as
it shall deem appropriate, coverage against dishonesty of
employees, destruction or disappearance of money or securities and
forgery.
e. Other. The Association may obtain additional
insurance against such other risks, of a similar or dissimilar
nature, and in such amounts as it shall deem appropriate with
respect to the Project, including but not limited to any personal
property of the Association located thereon.
14.2 Form. Casualty insurance shall be carried in a form
or forms naming the Association the insured, as trustee for the
Owners and for Declarant, whether or not he is an Owner, which
policy or policies shall specify the interest of each Condominium
unit Owner (Owner's name, unit number, the appurtenant undivided
interest in the Common Elements), and which policy or policies
shall provide a standard, noncontributory mortgagee clause in favor
of each first Mortgagee which from time to time shall give notice
to the Association of such first Mortgage. Each policy also shall
.
19
" ~,
H32713B 1'''''...12/90 12:27 nee $185.00 B~~...".)31 PG q73
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
provide that it cannot be cancelled by either the insured or the
insurance company until after thirty (30) days prior written notice
is first given to each Owner, to Declarant and to each first
Mortgagee. The Association shall furnish to each Owner a true copy
of such policy together with a certificate identifying the interest
of the Owner. All policies of insurance shall provide that
insurance thereunder shall be invalidated or suspended only in
respect to the interest of any particular Owner guilty of breach of
warranty, act, omission, negligence or noncompliance with any
provision of such policy, including payment of the insurance
premium applicable to that Owner's interest, or who permits or
fails to prevent the happening of any event, whether occurring
before or after a loss, which under the provisions of such policy
would otherwise invalidate or suspend the entire policy. All
policies of insurance shall also provide that the insurance under
any such policy, as to the interest of all other insured Owners not
guilty of any such act of omission, shall not be invalidated or
suspended and shall remain in full force and effect. All policies
of physical damage insurance shall contain waivers of subrogation
and of any defense based on co-insurance. Public liability and
property damage insurance shall name the Association the insured,
as trustee for the Owners and for Declarant, whether or not it is
an Owner, and shall protect each Owner and Declarant against
liability for acts of the Association in connection with the
ownership, operation, maintenance or other use of the Project.
14.3 Owner's Insurance. Notwithstanding the provisions
of section 14.1 hereof, each Owner may obtain insurance at his own
expense providing coverage upon his Condominium unit, his personal
property, for his personal liability, and covering such other risks
as he may deem appropriate, but each such policy shall provide that
it does not diminish the insurance policies which the Association
obtains pursuant to this Article. In addition, each Owner shall
provide his own insurance to cover fixtures, installations or
additions comprising a part of the Building within the interior
surfaces of the perimeter walls, floors and ceilings of his
individual unit, whether initially installed or replaced, including
but not limited to inside walls, kitchen cabinets and appliances,
floor and wall coverings, blinds and window shades, bathroom tiles,
tub, shower, toilet, bathroom cabinets and jacuzzi tubs. All such
insurance of the Owner's Condominium unit shall waive the insurance
company's right of subrogation against the Association, and other
Owners, and the servants, agents or guests of any of them, if such
insurance can be obtained in the normal practice without additional
premium charge for the waiver of rights of subrogation.
14.4 Proceeds. The Association shall receive the
proceeds of any casualty insurance payments received under policies
obtained and maintained pursuant to this Article. To the extent
that reconstruction is required herein, the proceeds shall be used
for such purposes. To the extent that reconstruction is not
required herein and there is a determination that the Project shall
not be rebuilt, the proceeds shall be distributed in the same
20
~t32713rO/l2/90 12~ 27 nee (fi185. 00 "): 631
Silvia'r1avis, F.'it.kj,n Cnty Cler'k, D~ $.00
PG 974
manner herein provided in the event of sale of obsolete Units, as
set forth in Section 16.3.
14.5 Owner Increased Premium. In the event that, as a
consequence of the hazardous use of any Condominium Unit, or of any
owner-installed improvements to any Condominium Unit, the premiums
of any policy of insurance purchased by the Association are
increased, or special policy is required, the cost of such increase
or specific policy shall be payable by the Owner of such
Condominium unit.
ARTICLE XV
DAMAGE OR DESTRUCTION
15.1 Affects Title. Title to each Condominium unit is
hereby made subject to the terms and conditions hereof, which bind
the Declarant and all subsequent Owners, whether or not it be so
expressed in the deed by which any Owner acquired his Condominium
Unit.
15.2 Association as Aqent. All of the Owners irrevocably
constitute and appoint the Association their true and lawful agent
in their name, place and stead for the purpose of dealing with the
project upon its damage or destruction as hereinafter provided.
Acceptance by any grantee of a deed from the Declarant or from any
Owner shall constitute appointment of the attorney-in-fact herein
provided.
15.3 General Authoritv of Association. As attorney-in-
fact, the Association shall have full and complete authorization,
right and power to make, execute and deliver any contract, deed, or
other instrument with respect to the interest of a Condominium unit
Owner which may be necessary or appropriate to exercise the powers
herein granted. Repair and reconstruction of the improvements as
used in the succeeding subparagraphs mean restoring the Project to
substantially the same condition in which it existed prior to
damage, with each unit and the General Common Elements and Limited
Common Elements having substantially the same vertical and
horizontal boundaries as before. The proceeds of any insurance
collected shall be available to the Association for the purpose of
repair or reconstruction unless the Owners and all first Mortgagees
unanimously agree not to rebuild in accordance with the provision
set forth hereinafter. In the event any Mortgagee should not agree
not to rebuild, the Association shall have the option to purchase
such Mortgage by payment in full of the amount secured thereby if
the Owners are in unanimous agreement not to rebuild. The
Association shall obtain the funds for such purpose by special
assessments under Article XII of this Declaration.
15.4 Estimate of Costs. As soon as possible after an
event causing damage to, or destruction of, any part of the
project, the Association shall obtain estimates that it deems
21
,....
...
~t327138 1(;)]:2/90 12:27 Rec ~t>l85.00 BV".-..t<$l PG 975
, ' D' F' tl J Cn'ty Clerk, Doc $.00
Sllvla aViS, ~'i .<'.n
reliable and complete of the costs of repair or reconstruction of
that part of the Project damaged or destroyed.
15.5 Repair or Reconstruction. As soon as possible after
rece~v~ng these estimates, the Association shall diligently pursue
to completion the repair or reconstruction of the part of the
Project damaged or destroyed. The Association may take all
necessary or appropriate action to effect repair or reconstruction,
as attorney-in-fact for the Owners, and no consent or other action
by any Owner shall be necessary in connection therewith. Such
repair or reconstruction shall be in accordance with the original
plans and specifications of the Project or may be in accordance
with any other plans and specifications the Association may
approve, provided that in such latter event the number of cubic
feet and the number of square feet of any unit may not vary by more
than five percent (5%) from the number of cubic feet and the number
of square feet for such Unit as originally constructed pursuant to
such original plans and specifications, and the location of the
Building shall be substantially the same as prior to damage or
destruction.
15.6 Funds for Reconstruction. The proceeds of any
insurance collected shall be available to the Association for the
purpose of repair or reconstruction. If the proceeds of the
insurance are insufficient to pay the estimated or actual cost of
such repair or reconstruction, the Association, pursuant to Article
XII hereof, may levy in advance a special assessment sufficient to
provide funds to pay such estimated or actual costs of repair or
reconstruction. Such special assessment shall be allocated and
collected as provided in section 12.5. Further levies may be made
in like manner if the amounts collected prove insufficient to
complete the repair or reconstruction.
15.7 Disbursement of Funds for Repair or Reconstruction.
The insurance proceeds held by the Association and the amounts
received from the assessments provided for in Section 15.6 con-
stitute a fund for the payment of cost of repair and reconstruction
after casualty. It shall be deemed that the first money disbursed
in payment for cost of repair or reconstruction shall be made from
insurance proceeds; if there is a balance after payment of all
costs of such repair or reconstruction, such balance shall be
distributed to the Owners in proportion to the contributions each
Owner made pursuant to the assessments the Association made under
section 12.5 of this Declaration.
15.8 Decision Not to Rebuild. If all Owners and all
holders of first Mortgages on Condominium Units agree not to
rebuild, as provided herein, the Project shall be sold and the
proceeds distributed in the same manner herein provided in the
event of sale of obsolete Units, as set forth in Article XVI and
said sale shall be free and clear of the provisions of this
Declaration and condominium Map and the By-Laws of the Association.
22
- """'I 631 PG 976
:1~~W~?-:"l-~ 10/12/'70 12: 27 Rec $lB5. c)(' ;<
,',"'.-. -.....,- '] " 1>.<- $.00
C']" Davis. Pit.kin ClOt.y C"e."-,..., --
...:>l.V.la .
ARTICLE XVI
OBSOLESCENCE
16.1 Adoption of a Plan. A majority of the unit Owners
may agree that the Project is obsolete and adopt a written plan for
the renewal and reconstruction of the Project, which plan has the
unanimous approval of all first Mortgagees of record at the time of
the adoption of such plan. written notice of adoption of such a
plan shall have been given to all Owners. Such plan shall be
recorded in the Pitkin County, Colorado, real estate records.
16.2 Payment for Renewal and Reconstruction. The expense
of renewal or reconstruction shall be payable by all of the Owners
as special assessments against their respective condominium units.
These special assessments shall be levied in advance pursuant to
Article XII hereof and shall be allocated and collected as provided
in that Article. Further levies may be made in like manner if the
amounts collected prove insufficient to complete the renewal and
reconstruction.
16.3 Sale of Obsolete units. A majority of the Owners
may agree that the Condominium units are obsolete and that the
Project should be sold. Such an agreement must have the unanimous
approval of every first Mortgagee of record at the time such
agreement is made. In such instance the Association shall
forthwith record a notice setting forth such fact or facts, and
upon the recording of such notice by the Association, the Project
shall be sold by the Association as attorney-in-fact for all of the
Owners free and clear of the provisions contained in this Declara-
tion, the Condominium Map and the By-Laws of the Association. The
proceeds of sale shall be apportioned among the Owners in propor-
tion to their respective undivided interest in the Common Elements,
and such apportioned proceeds shall be paid into separate accounts,
each such account representing one (1) Condominium unit. Each such
account shall remain in the name of the Association, and shall be
further identified by the Condominium unit designation and the name
of the Owner. From each separate account the Association, as
attorney-in-fact, shall use and disburse the total amount of such
accounts without contribution from one account to the other, first
to lienors in the order of priority of their liens and the balance
remaining to each respective Owner.
16.4 Distribution of Excess. In the event the amounts
collected pursuant to section 16.2 are in excess of the amounts
required for renewal and reconstruction, the excess shall be
returned to the Owners by the Association by a distribution to each
Owner in an amount proportionate to the respective amount collected
from each such Owner.
23
~ ~,
't'I/12/90 12:27 F.:ec $1.85.00 I....__,,;6:~
#327138 ' ' F'itkin Cnty Clerk, Doc '.UU
Silvia Davis,
F'G 977
ARTICLE XVII
CONDEMNATION
17.1 Consequences of Condemnation. If at any time during
the continuance of the Condominium ownership pursuant to this
Declaration, all or any part of the project shall be taken or con-
demned by any public authority or sold or otherwise disposed of in
lieu of or in avoidance thereof, the following provisions of this
Article shall apply.
17.2 Proceeds. All compensation, damages or other pro-
ceeds therefrom, the sum of which is hereinafter called the "Con-
demnation Award," shall be payable to the Association.
17.3 Complete Takinq. In the event that the entire Pro-
ject is taken or condemned, or sold or otherwise disposed of in
lieu of or in avoidance thereof, the Condominium ownership pursuant
hereto shall terminate. The Condemnation Award shall be appor-
tioned among the Owners on the same basis as each Owner's percen-
tage interest in the Common Elements, provided that if a standard
different from the value of the Project as a whole is employed as
the measure of the Condemnation Award in the negotiation, judicial
decree or otherwise, then in determining such shares, the same
standard shall be employed to the extent it is relevant and applic-
able and such shares shall be paid into separate accounts and
disbursed as soon as practicable in the same manner provided in
section 17.4 hereof.
17.4 Partial Takinq. In the event that less than the
entire Project is taken or condemned, or sold or otherwise disposed
of in lieu of or in avoidance thereof, the Condominium ownership
hereunder shall not terminate. Each Owner shall be entitled to a
share of the Condemnation Award to be determined in the following
manner: As soon as practicable the Association shall, reasonably
and in good faith, allocate the Condemnation Award between compen-
sation, damages or other proceeds, and shall apportion the amounts
so allocated among the Owners, as follows: (a) the total amount
allocated to the taking or injury to the Common Elements shall be
apportioned among the Owners on the basis of each Owner's percent-
age interest in the Common Elements, (b) the total amount allocated
to severance damages shall be apportioned to those condominium
Units which were not taken or condemned, (c) the respective amounts
allocated to the taking of or injury to a particular unit and to
improvements an Owner has made within his own unit shall be appor-
tioned to the particular unit involved, and (d) the total amount
allocated to consequential damages and any other takings or
injuries shall be apportioned as the Association determines to be
equitable in the circumstances. If an allocation of the Condemna-
tion Award is already established in negotiation, judicial decree,
or otherwise, then in allocating the Condemnation Award the Associ-
ation shall employ such allocation to the extent it is relevant and
applicable. Distribution of apportioned proceeds shall be dis-
24
-- ~
".~"'~l:'\'l 1(:/12/90 12:27 Rec $1[35.00 BK 3~ PG 978
",,;).", "-" - I' D ~'()"
Silvia Davis, Pitkin Cn'l:y Cler-':., DC ). --
bursed as soon as practicable by checks payable jointly to the
respective Owners and their respective Mortgagees.
17.5 Reorqanization. In the event a partial taking
results in the taking of a complete Unit, the Owner thereof
automatically shall cease to be a member of the Association.
Thereafter, the Association shall reallocate the ownership, voting
rights, and assessment ration determined in accordance with this
Declaration in proportion to the interests of remaining Owners in
the Common Elements adjusted to one hundred percent (100%) and this
Declaration shall then be amended in accordance with such
reallocation.
ARTICLE XVIII
REVOCATION OR AMENDMENT TO DECLARATION
18.1 Revocation. This Declaration shall not be revoked
unless all of the Owners (as reflected in the real estate records
of Pitkin County, Colorado) and all first Mortgagees appearing in
such records and covering or affecting any or all of the
Condominium Units, consent and agree to such revocation by
instruments duly recorded.
18.2 Amendment. Any provision contained in this
Declaration may be amended or additional provisions may be added to
this Declaration by the recording of a written instrument or
instruments specifying the amendment or addition in the office of
the Clerk and Recorder of the county of Pitkin, Colorado, of a
majority of the Owners and a majority of the first Mortgagees whose
liens encumber the interests of those majority owners, provided,
however, (i) so long as Declarant owns one (1) or more Condominium
units which he is holding for rental or sale, or for five (5) years
from the date of recordation of this Declaration, whichever date is
later, no right of Declarant contained in this Declaration may be
amended or modified without the consent of Declarant, and (ii) the
percentage of the undivided interest in the Common Elements
appurtenant to each Unit shall not be amended or altered without
the unanimous consent of all of the Owners and first Mortgagees.
The consent of any junior Mortgagees shall not be required under
the provisions of this paragraph. The Association shall, at least
thirty (30) days prior to the effective date of any amendment to
this Declaration notify all first Mortgagees of record and the
Owners of such amendment. The Association may, without the consent
of the Owners or Mortgagees, make technical amendments to this
Declaration when it finds that such amendments are in the best
interests of all of the Owners. Technical amendments shall mean,
for the purposes of this section 18.2, amendments which clarify or
amplify the provisions of this Declaration and which do not
adversely affect the rights or interests of any Owner.
25
- ~'""
Itcl27J.38 lO/:r.........-90 l2: 2,' Rec $185.00 Bf< 6""""'PG 979
Silvia Davis, Pitkin Cnty Clerk, Doc ..00
ARTICLE XIX
MISCELLANEOUS
19.1 Compliance with provisions of Declaration and
Articles of Incorporation and By-Laws of the Association. Each
Owner shall comply with the provisions of this Declaration, the
Articles of Incorporation, By-Laws and Rules and Regulations of the
Association, and decisions and resolutions of the Association
adopted pursuant thereto as the same may be lawfully amended from
time to time. Failure to comply with any of the same shall be
grounds for an action to recover sums due, damages or injunctive
relief or both, costs and expenses of such proceeding and all
reasonable attorneys' fees. Such action shall be maintainable by
the Association on behalf of the Owners.
19.2 Reqistration of Mailinq Address: Notices. Each
Owner shall register his mailing address with the Association and
all notices, requests or demands intended to be served upon any
Owner and except for budget statements, notices of meetings and
other routine notices, such notices shall be sent by either
registered or certified mail, postage prepaid, addressed in the
name of the Owner at such registered mailing address. Unless
otherwise provided herein, budget statements, notices of meetings
and other routine mail may be sent by regular mail, postage
prepaid, addressed in the name of the Owner at such registered
mailing address. Any notice referred to in this Article shall be
deemed delivered three (3) days after deposit in the united States
mail in the form provided for herein.
19.3 Owner's Obliqations Continue. All obligations of
the Owner under and by virtue of the provisions contained in this
Declaration shall continue, notwithstanding that he may have
conveyed, leased or rented said interest as provided herein, but
the Owner of a Condominium unit shall have no obligation for
expenses or other obligations accruing after he conveys such
Condominium unit.
19.4 Limited Liability. Neither Declarant, the
Association, the Board of Directors, or Officers of the
Association, nor any member, agent, or employee of any of the same
shall be liable to any party for any action or for any failure to
act with respect to any matter if the action taken or failure to
act was in good faith and without malice. Acts taken upon the
advice of legal counsel, certified public accountants, registered
or licensed engineers, architects or surveyors shall conclusively
be deemed to be in good faith and without malice. Nor shall any
Director of the Association be liable to the Association or its
members for monetary damages for breach of fiduciary duty. without
limiting the generality of the foregoing, the Board of Directors,
Officers of the Association, and the Declarant, and each of them,
shall not be liable for any failure of any services to be obtained
and paid for by the Association hereunder, or for any injury or
damage to person or property caused by the elements or by another
26
"".
~t:J271 ~38 10/1-. . 90 :I. 2 ~ 27 nee: 1; 1 F35.. 00 81< 6......""'" F'G
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
r,
980
Owner or person in the project, or damage from electricity, water,
rain, snow, or ice which may leak or flow from outside or from any
part of the Building, or from any of its pipes, drains, conduits,
appliances, or equipment or from any other place, unless caused by
gross negligence of the Board of Directors, Officers of the
Association, or the Declarant, as the case may be. No diminution
or abatement of regular assessments shall be claimed or allowed for
inconvenience or discomfort arising from the making of repairs or
improvements to the Common Elements or from any action taken to
comply with any law, ordinance, or order of a governmental
authority.
19.5 Interpretation of the Covenants. Except for
judicial construction, the Association, by its Board, shall have
the exclusive right to construe and interpret the provisions of
this Declaration. In the absence of any adjudication to the
contrary by a court of competent jurisdiction, the Association's
construction or interpretation of the provisions hereof shall be
final, conclusive and binding as to all persons and property
benefitted or bound by this Declaration and provisions hereof. The
provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the
development, operation and maintenance of pitkin Row Condominiums.
19.6 Claims Reqardinq Declarant. The Association,
Owners, Mortgagees or any other person with standing to bring such
claim shall have a period of two (2) years from the date the
Declarant turns over the control of the Association to the unit
Owners as provided in section 3.8 of the By-Laws within which to
assert by legal action or otherwise any claim, demand, cause of
action or lawsuit against Declarant with regard to the condominium
Property however arising and for whatever cause or reason
whatsoever. Nothing herein shall be construed to limit, impair,
diminish or bar any claim by the Association, Owners, Mortgagee,
Declarant or any other person with standing to bring such claim to
assert by legal proceedings or otherwise any claim, demand, cause
of action or lawsuit against any engineer, architect, contractor,
subcontractor, supplier, materialman or other person involved in
the design, installation, manufacture, assembly, construction,
operation, maintenance, repair or replacement of the Condominium
Property.
19.7 Failure of Board of Directors to Insist on strict
Performance. The failure of the Board of Directors to insist, in
anyone or more instances, upon strict performance of any of the
terms, covenants, conditions, or restrictions of this Declaration,
or to exercise any right or option herein contained, or to serve
any notice or to institute any action, shall not be construed as a
waiver or a relinquishment with respect to the future enforcement
of such term, covenant, condition, or restriction, but such term,
covenant, condition, or restriction shall remain in full force and
effect. The inactivity of the Board of Directors after receipt by
anyone of them of any charge from any Owner with knowledge of the
breach of any covenant, term, condition, or restriction hereof
27
,"'...
-'\
t.t3271.:3~,1.O/J.2/90 12: 27 F,ec $185. <X-/r': 631
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
F'G 981
shall not be deemed a waiver of such breach, and no waiver by the
Board of Directors of any provision hereof shall be deemed to have
been made unless expressed in writing and signed by the Board of
Directors.
19.8 Transfer of Declarant I s Riqhts.
interests reserved hereby to the Declarant may be
assigned by the Declarant.
Any rights or
transferred or
19.9 Amplification. The provisions of this Declaration
are to be amplified by the Articles of Incorporation and By-Laws of
the Association; PROVIDED, HOWEVER, that no such amplification
shall sUbstantially alter or amend any of the rights or obligations
of the Owners set forth herein. If there should be any conflict
among the provisions of this Declaration, the Articles or the By-
Laws, the provisions of this Declaration shall control.
19.10 Sales Activity. Declarant may conduct sales
activity on the Condominium Property including, but not limited to,
the showing of Units by Declarant or any sales agents, maintaining
a sales or management office or conducting promotional or marketing
events or activities. Declarant may also maintain signs
advertising Pitkin Row condominiums.
19.11 Disclaimer. No representations or warranties of
any kind, express or implied, have been given or made by Declarant,
or its agents or employees, in connection with Pitkin Row
Condominiums, or any portion thereof, or any improvement thereon,
its physical condition, zoning, compliance with applicable laws,
fitness or intended use or operation, cost of maintenance or taxes
except as expressly set forth in this Declaration or except as set
forth in any Disclosure Statement required to be given under
applicable rules of the Colorado Real Estate Commission.
19.12 severability. If any of the provisions of this
Declaration or any paragraph, sentence, clause, or phrase, or the
application thereof, shall in any circumstances, be invalidated,
such invalidity shall not affect the validity of the remainder of
the Declaration.
19.13 statute. The provisions of this Declaration shall
be in addition and supplemental to the Condominium Ownership Act of
the State of Colorado and to all other provisions of law at this
time duly enacted and in force and effect.
19.14 Number and Gender. Whenever used herein, unless
the context shall otherwise provide, the singular shall include the
plural, the plural the singular and the use of any gender shall
include all genders.
19.15 section Headinqs. The section or Article headings
are for convenience or reference only and are not intended to
limit, enlarge, change or otherwise affect the content, meaning, or
intent of this Declaration or any section or provision hereof.
28
,......
tl'327138",,0/12/90 12:27 Rec $1.85.00,-,'-( 631 PG 982
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
19.16 Colorado Law. The interpretation, enforcement or
any other matters relative to this Declaration shall be construed
and determined in accordance with the laws of the state of
Colorado.
IN WITNESS WHEREOF, this
PITKIN'} ROar CONDOMINIUMS is
(L t<-' , 1990.
Condominium Declaration
executed this l,x
for the
day of
DECLARANT:
57, INC., a Colorado
_.~..::=;.;.
~-=-
orporation
--,-,.
~n H. Tl.ngle, Vice-President
(Corporate Seal)
ASPEN CONSOLIDATED VENTURE
CORP., a Colorado corporation
~
aron H";' Tingle, Vice-President
(Corporate Seal)
STATE OF COLORADO
)
) SS.
)
COUNTY OF PITKIN
~he fo~egoing instrument was acknowledged before me this ~~4'~
day, OJ! V, r,)e---~,V- ,1990, by Sharon H. Tingle as Vice-
,R;esia~bt~~f 57, Inc., a Colorado corporation.
-...-.. , r) T tol? \, L.
, . . ''''''~ ;WrTNESS my hand and official seal
.: '..";o,q"., .
': ,0.,', ,.','---6," .
'-.. ~," ',,, L\ C:....t1y commission expires:
.... <:
....... ~..
:'l~C,
,-~. ,
~'
r:.. ~,
f
29
-
""''',......
.
1*327138 10"'~f2/90 12: 27 F(ec $185.00 Sf,:: "edl F'G 983
Silvia Davis, Pitkin Cnty Clerk, Doc $~OO
STATE OF COLORADO
SS.
COUNTY OF PITKIN
The f~go~n~ln~trument was acknowledged before me this ~~-\
day of ~~~/~ ,1990, by Sharon H. Tingle as Vice-
President of Aspen Consolidated Venture Corp., a Colorado
corporation.
1\IE /;'" WITNESS my hand and official seal
"I. I", , C(;:;;;>
;j/.....T:;>~:>tx,cO~i""ion .:~;:;g-~' T'~" ..
,:\\() .li/l)"c' -' - '^- L---- ~
"' . ) . ..---- ! -~
, '\: i ' ... ';, ! (' . - /"-' C C
: ~...~ U C L;j C/-:. No ary Public -----
_ '1':1.... ,.....l..
" '(-" ". '
"" Cr"~'~, C
chm\cp\pitknro2.dec
30
.
'''''\
lr"\ '?-:> F\~C: $185..00 ~",~ib3~
'1~~~13B 10/12/90 ~:kC' t- Cler~ Doc $.OU
,',.-, 'PitlH\ n y . . '"
Silvia DaviS, .
r."",
F'G 984
EXHIBIT A
Lots 1 through 3, CBS SUbdivision, according to the Plat thereof
recorded November 9, 1988 in Plat Book 21 at Page 88 as Reception
No. 305789, together with Fractional Lot M, Block North of Block
104 in and to the city and Townsite of Aspen, lying Southerly and
Westerly of Lot 12, Block 28, East Aspen Additional Townsite,
County of pitkin, State of Colorado.
Also described as:
Fractional parts of Lots 10, 11, 12 and all of Lots 13, 14, 15 and
16, Block 28, East Aspen Additional Townsite and Fractional Lots K,
Land M, Block North of Block 104, city and Townsite of Aspen,
County of Pitkin, State of Colorado.
,,,
/ ..,
.
W:'l2713t?10/12/90 12: 27 Rec $185. 0(1'-.4< 63~ PG qa5
F'l'tl-,'l',n Cnty Clerk, Doc $.Ou
Silvia Davis,
EXHIBIT B
1. Any and all unpaid taxes and assessments and any
unredeemed tax sales.
2. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other district
or inclusion in any water service or street improvement area.
3. Right of way for ditches or canals constructed by the
authority of the unites states, as reserved in united states Patent
recorded August 29, 1958 in Book 185 at Page 69 as Reception No.
106874.
4. The full free and perpetual right to dig, work, search
for, mine and remove all ore and mineral bearing rock and earth
underneath as set forth in document recorded June 26, 1891 in Book
98 at Page 571 as Reception No. 41956, document recorded September
9, 1891 in Book 105 at Page 129 as Reception No. 43654 and document
recorded December 30, 1892 in Book 106 at Page 482 as Reception No.
50599.
5. Easements and restrictions as set forth on the Plat of
CBS Subdivision recorded November 9, 1988 in Plat Book 21 at Page
88 as Reception No. 305789.
6. Terms, conditions, obligations and restrictions as set
forth in Subdivision Improvements Agreement for CBS Subdivision
recorded November 09, 1988 in Book 578 at Page 90 as Reception No.
305790.
7. Easements and restrictions as set forth on the
Condominium Map for Pitkin Row Condominiums recorded /6- jJ. -l)Q
in Plat Book 2J~ at Page il-/-/7 as Reception No. 'Y:~I 137 .
8. Terms, conditions, obligations and restrictions as set
forth in the Condominium Declaration for Pitkin Row Condominiums
recorded 10"' d- -C<j O. in Book b -l, I at Page Of~c' as
Reception No. .3 J 1 J '33'.
c:\avh\ms\57except.
.
",.~ :;
#327138. 12/90 12:27 Rec $185.00 E 31 PG 986
Silvia nri'vis, Pitkin Cnty CIEn--k, Doc"'. .00
.
EXHIBIT C
unit
Percentage in and to
Common Elements
1
2
3
4
5
6
16.63
15.84
17 .94
17.94
15.56
16.09
t
-,-",~-,,,-,,-_,,,_,,,,'~"'~-'''~----'-'--'''''''-----~''.~'''-'-
,1"It I
LAND USE APPLICATION
FOR
SUBDIVISION EXEMPTION
FOR
CONDOMINIUMIZATION OF
PITKIN ROW CONDOMINIUMS
.....
.1
f j
I.
LAND USE APPLICATION FORM
-
"
.
ATrAOlMENl' 1
lAND USE APP.LICATICN FUBM
.
-
-
1)
2)
Project NaIIE
Project IDeation
pitkin Row Condcrniniums
704-20 East Hopkins Avenue, Aspen, CO; lDts 10-16,
Block 28. East AflJ?f'n Aililirinnrll 'I'nwn"it-p
(indicate street address, lot & block IUIIliJer, legal description Where
awropriate)
3) Present Zoning 0 - Office 4) J.Dt Size 21.000 sa.ft.
5) Jlrplicant's NaIIE, l\d:D:ess & Fhale j '17 r Tn". ;mil ARpPn rnm,nl iilFlt-P<'! Vpnt-l1rF'
f'DrP.. C/O Sharon Ti~lF'. P.O. Rox 'i17Q, ARpPn, nn Rlh17' Q?'i-<4??
6) Representative's NaIIE, l\d:D:ess & Fhale j Catherine H. McMahon, Garfield &
Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 81611; !J25-1936
7) Type of Jlrplication (please dleck all tJ;1at awly):
Corrlitional Use
_ O:noeptual SPA
Final SPA
O:noeptual Historic ~.
_ Special Review
Final Historic ~.
8040 Greenline
_ O:noeptual RID
Minor Historic ~.
.\
_ stream Mal:gin
Final RID
Historic Demolition
M:xmtain view Plane
Subdivision '
_ Historic Designation
-.lL Corrlaniniumization _ Text;Map Auoliallut:..t
_ Gn> AllobIent
_Gn>~
_ J.Dt SplitjIDt Line
Mjusbnent
8)
Description of
awroxiJoate sq.
property) .
Exi.stinq Uses (J"I...n..r am type of existi.nq sb:uct:uJ:es;
ft.; p-'" of b.ch.~; any previous ~ granted to the
The three newly constructed duplex buildings each contain tv,u three-bedroan
units, each unit totalling approximately 3,400 - 3,900 square feet, including
the garage areas. On October 10, 1988, the City Council approved the Final Plat
for CBS Subdivision, which was recorded in Plat Book 21 at Page 88 as Reception **
9) Description of Devel"l-"""'.t 1\{:pl.icaticn
The applicant seeks a sutdivision exanption for the condcrniniumization of the
three tv,u-story duplex buildings.
10) Have yaI attached the follc::1<iin:J?
~ ~lSe to AttactmIent 2, Mi.ninlm Snhni"""i<n O:xrt:.ents
~ RespcI1Se to AttadJment 3, SJ:>"<'if'ic Snhni -ion O:xrt:.ents
~ ~lSe to AttadJment 4, Review stamaros for YaIr Jlrplication
**305789 on NOvember 9, 1988.
,..
..
II.
LETTER OF APPLICATION
.
"
...
..
(
,QK:tober 24,
1989
Aspen Planning & Zoning
commission Members
130 South Galena Street
Aspen, Colorado 81611
RE: Development Application for SUbdivision Exemption for
Condominiumization of Pitkin Row Condominiums
Dear Commission Members:
Enclosed are three (3) copies of
Development Application together with
$830.00 to cover the processing fee.
address is:
the above-captioned
a check in the amount of
The applicant's name and
57, Inc. and Aspen Consolidated
Venture Corp.
c/o Sharon Tingle
P.O. Box 5179
Aspen, Colorado 81612
925-3422
The applicant's representative authorized to act on his behalf
is:
Catherine H. McMahon
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado
925-1936
Please schedule the Development Application on the City
Counsel's consent agenda on the earliest possible date.
PITKIN ROW CONDOMINIUMS
.,
-
~ ;;;;;:::
<, ::=.straron T~gle
'.
~
'--
III.
STREET ADDRESS AND
LEGAL DESCRIPTION OF THE PROPERTY
"
)
,
---
STREET ADDRESS
PITKIN ROW CONDOMINIUMS
704-20 East Hopkins Avenue
Aspen, Colorado 81611
LEGAL DESCRIPTION
Fractional parts of Lots 10, 11 and
12 and all of Lots 13, 14, 15 and
16, Block 28, East Aspen Additional
Townsite, and Fractional Lots K, L
and M, Block North of Block 104,
city and Townsite of Aspen, County
of Pitkin, State of Colorado.
\
IV.
DISCLOSURE OF OWNERSHIP
OF PROPERTY
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5,...":\" 700
BOOK t~ l, PAGE
JIIII3' , 'j) -'? <'1
Recorded atJ r' ? o'clock M ':> - -
Reception No"" . \ 1 ,
SILVIA DAVIS PITKIN COUNTY RECORDER
WARRANTY DEED
,.; ~
THIS DEED made this 3- day of March, 1988, between ARCHIE
McGILL, of the County of Somerset, State of New Jersey, grantor,
and 57, INC., A COLORAl)p CORIW.MTJON, whose legal address is
C./cS,,~u.. hU<CLt , \6'Uhr"'lt'It-'/I~..tcoldr1i(fc), , County of ~f'''''1J ,
State of Colorado, grantees:
WITNESSETH That the grantor, for and in consideration of the
sum of Ten Dollars ($10,00) and other good and valuable consider-
ation, the receipt and sufficiency of which is hereby acknowledg-
ed, has granted, bargained, sold, and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto the
grantees, their heirs and assigns forever, all the real property
together with improvements, if any, situate, lying and being in
the County of pitkin, State of Colorado, described as follows:
A fractional part of Lot 12, and all of Lots 13, 14, 15,
and 16, Block 28, EAST ASPEN ADDITIONAL TOWNSITE, County of
pitkin, state of Colorado,
TOGETHER with all and singular the hereditaments and appurten-
ances thereto belonging or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the grantor, ei ther 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 grantees, their heirs
~ and assigns forever, And the grantor, for himself, his heirs and
personal representatives, does covenant, grant, bargain and agree
to and with the grantees, their heirs and assigns, that at the
time of the ensealing and delivery of these presents, he is well
seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,
except the following exceptions:
1. General taxes for 1988 due and payable in 1989.
2. The effect of inclusion of subject property in any general or
specific water conservancy, fire protection, soil conservat-
ion or other district or inclusion in any water service or
street improvement area, or other special taxing district.
3, Rights of way as reserved in United states Patent recorded in
Book 185 at Page 69.
ALL DOCUMENTS RECORDED IN PITKIN COUNTY, COLORADO
1
c' ,
A' ""
!Ii)' 558
~',Jj BOOK PAGE 701
The grantor shall and will WARRANT AND FOREVER DEFEND the
above-bargained premises in the quiet and peaceable possession of
the grantees, their heirs and assigns, against all and every
person or persons lawfully claiming the whole or any part there-
of. The singular number shall include the plural, the plural the
singular and the use of any gender shall be applicable to all
genders,
IN WITNESS WHEREOF, the grantor has executed this
date set forth above.
1\'l.Q\\ e I't\t GJ <(
,.......,
IN\-; (
ARCHIE McGI
IN FACT, BR
the
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing document
this ~ day of March,
FACT FOR ARCHIE McGILL.
was acknowledged and sworn to before me
1988, by BROOKE A. PETERSON, ATTORNEY IN
My commission expires:
Witness my hand and
official seal.
II-S-ff h]
/"'~ /~ ~oJJ..'
e--- ~/I-- ( ~ - /~"'~"~~(,:' .
Notary Public .;: (',::"u ". ,~
0: .>~:r' ~~ ;<_
....., A'U'-l'V -"
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2
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Recorded at
o'clock
.M.
Reception No.
Recorder
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Catherine H. McMahon, Esq.
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
'7-$J?,/93
BARGAIN AND SALE DEED
Archie McGill, of the County of Somerset, state of New
Jersey, for TEN DOLLARS ($10.00) and other good and valuable
considerations, in hand paid, hereby sells and conveys to 57,
Inc., a Colorado corporation, whose address is c/o Sharon Tingle,
P. o. Box 5179, Aspen, Colorado 81612 the following real property
in the County of Pitkin, State of Colorado, to wit:
The fractional Lot M, in and to the city and
Townsite of Aspen, southerly and westerly of Lot
12, Block 28, East Aspen Additional Townsite,
with all its appurtenances.
SIGNED this ;r~d~day
Of~'~
Archie McGill
STATE OF /JCLUJi:R.S~
1tI. )
COUNTY OF Jf.t.lS)
ss>
/) ~-tL The foregoing Special Warranty Deed was acknowledged this
~~ day of September, 1989, by ARCHIE MCGILL.
WITNESS my hand and official seal,
My commission expires:
~aJiW..l.w(~
Notary Public
NATALIE R. McCABE
NOT A~ Jlf1BlIC OF NEW JERSEY
My Commission Expires 0<1. 30, 1992
I \
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WARRANTY I)EEI)
BOOK
5GU OA,[629
57i'
TillS IJEF:n, Madcthi, \b~ I" APRIL-
1988 . between HOPKINS AVENUE ASSOCIATES
a L imi ted rarlllcr~hirdul~' tlf!::lIlill'd lUld ni,linl' ulltkr and t1y ,-irlUc nl till'; hl\\~ III
the SI;llc {If Colorado . III th,'liT'! pml. and ASPEN CONSOLIDATED VENTUt;tE CORP.
\\'h(l,clc~aladdlc"I,OOI'il .\.V<ZS-lVt<"t.'b.... /15fltt..,~co ~I{.,I~A Colorado Corporat~on)
,(lrlh(' (llunt~l1l P,-4~J, alltlSl:llcol CJ(it~1f_(c. ...
oflhclcnllldrar1:
Rt'cClrdcr'"Slarnp
WITNESS[TJI. Thlllrhc ,;lid p,uly nllhe tirll r:nl. to. :md in Cl,",jlkwrilllll" lhl'lllm nl
Ten Dollars ($lD.DD) and other good and valuable consideration--------PU""AR.,
,
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Illlhl: ~cnll1t1 fl:II1.lhl'rcccirl
1:1'11\l'~1'~1It1 ...~ 111l'~1> rr(,~(,IlI~
her ;: ~ hcit~:lr()
tlll;l1ltl.,itu,ltl..~n~lmtlt>cinfin
en ~CI' c.o
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Fractional Part of Lots 10 and 11, ~~
Block 28, ~ ~~
EAST ASPEN ADDITIONAL TOWNSITE; __ g~
and Fractional Lots K and L, =-::: ==
Block ~orth of Block 104, gg l:
II SUBJECT TO: U.S. Patent reservations recorded in Soak 105 at Page 69; mineral
ii' rights and reservations as set forth in documents recorded in Book 98 at Page 571,
I in Book 105 at Page 129, and in Book 106 at Page 482; .nd existing month-to-month
" tenancies.
al,(1 kmlwn u, Mrcc! amI numher
IlIlhcsuidrurt)'flflhc lir,r ran inhHntlr:litlhYlhc ':Iidrllfo/
wherellf is herd'y l'l1l1fOSI'1I lmu 1,ddJl1\\ Inl~nL h.l' ~r;lI1lnl.
duc, ('rilnl. hilTf:!in. ,cll.C{1n\I'~ :mdl-'1I1IjltIlU11l,'lhl' s,liJ rarl Y
115Si!,l1sfntC'\'{'T.allnlthcfulll1llingdl',cri"nllc11 11rp.ul'd
Ihe CI,unlY nt Pi tk i n amI SI:I1<' I.t ('"Iuradll,
":H~lIil1"tl. ~"ltl :llld
1,llhl' ".:nmdp"ll.
Itll\it:
0:::
to
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TO(;ETIIER \\1111 1111 and ~ingtllallhc hcrl'lhlam"IlI~ amlaprllrtcn1rlJCt;, tll\'rt;Ullh' "dnn!!ing. I'r in 1lllYllilt; aprcl1ainillg, und
Ihe fC\'er~;(ln Ilr 'e\'er~ion~, ft;rnainder~, renll, illll"l nnd rWfih Ih"'R'''!: amllll1lh...eIWI", ri~llI. lilk, inl\'T"'~1. d:.illl antI dcnmnd
"IHlt~(lel'er (If Ihe ~ltid party \lllhe lir~1 p.lrl, eilhn in 111" Ilr equily, "I, in 1lOU III Ill\' a"III'" h<lr~3in...d prclllilcl, \Iilh Ihe
hncdil,lIlll'nl~ and arrUrlcn3l11'e~
TO IIArlo: Af'IlU TO 1101.1) lhe ~a;d rrl'rni~l'~ :lh(lII' "ar~<lin...d ,mil dl'luihnl, lIilh Ihl' arrUl11'nam.:CI, until lhl' ~aid
r:'" y IIflhclel'llI1dr11lt, her hl'il,:mlla~li!!nllnrl'\-er. Al1d Ihe laid
Hoptkins Avenue Associates, rally III the liNpal1. IllrillelL
and ils ~Ucce"(lr~, d,>c~ Cn\en1mt, grant. h:lrgain tlrnl ;'fret; It, lIllOl "ith 111l' 'l,id pan Y "flhc ~ecl,"d pan,
her heir, :md a"i!!m, Ih:lt :.llhe lime Ill' Ihe enlcuring and ddilery Ill' Ihese
plc~enll il i~ well sei7ed "f thl' pre111i~e~ :thoh' ("lll"yell. ,I' ,.r;l glll'I!. ,\Ill'. [1I..rll'l'l. ahllltllle 01l1d inddc:I,i"k ell..IC 01 inheritance,
ill 1:\\\ . in Il-e ~ill1rlc. :lIld hal ~\l(ld ri~hl. lull r1mrr :mtl1:111 lut :tUth".il~ hI film!. t>,t1~llin. 'clI ;11I11 r(lll\'e~ Ihl' ':lllle in manner :mt!
fllrm af'lllc,aitl, and thalli1\' ~:"I1l' arl' tree 1md lkal !rom allloTl1\a ,11111 otho ~l:lnt" h:lr!!"inl, 'lllc~. lin", 1:I'l.e~. al~e~'llIcnl, lIIld
in{'ul11"ratlCC~llll\hatl'\'Cr"im!(lrnallllC'IIl'\l'f: except taxes for the current_year. a_n~ burd~!l..?~_of
special assessment districts; r'r.lCL!:1IE1n!,~:Y
and rhc abo\"c "ar!!llillnll'rcmiw~ in the' IluicI 1111.' I'c,Kl'l1bk P""l'"j"n ,,'" Ih.. ,,,id rail y
P:lrl her hl'il':lI1da"i"I", :t!!llin'lllllanrll'\ny p.:r"'lIllt
Ihe whnk III any ll:n1Ihcrcof', the ",id pan~ nlrl1l' 1i,-r rart lhall :II1d \1 ill \\'ARRAN'I AND HlIU'.\lR DI-J-I:ND
.1'\: \\TI'NESS WII[RHU:. Th,' ,..it! r:tr1y lit Ihe Jiflt rarl h..~(al"cd ir, n;mll' hI he hell'Unln ~uh'l"I'illetl hy' a Gcncr..ll'artnn,
tlll'day;,,,dycarlirstllhtllc\\rittct1
[ APR 6 1988 J
CoO .00"llhC ~non"
B
B:~h rIes T. C~l/'~l
Jan' e s. Co l1ns, ,ij General partner)
CANADA " By
rrovince of Aller~E__...____ ich Gass an, a General Partner
""..""., ,~"""" .""'""."...".,......,,, 'i ."" i!It
111-88~_ h\ __J1J_~bae,~oL1.lnS.... ---i\----.--Jp------ -aC------B;I(-lillll',III'.llhl.'r,,1
__itt,. ----,.-h~\JeJ~.Yc~ ~::"S--ll1.. " :5_ ,._~umiute 1'.1I11Kl1Inf>
MIIUmlll1"lltlll\l'll" fJ'
. I \\"",,,,,,,h,,,,,I,,,,,,,,,,,,,,,,,,,, C~L EhlL ~
Barrister. SoHcttor. Notary
'2200, 250 - fith Avenue S.W.
Calgary, Alberta, T2P 3H7
~,~lJ ~.
;t:lIl'rllll't1,k.'
(Please turn over)
.,
V.
VICINITY MAP
--~~
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, 'il''l, ,~> " I"~ ,:- it.
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VI.
EXPLANATION OF PROPOSED
DEVELOPMENT COMPLIANCE
,)
....
,
--
A.
INTRODUCTION
This Application seeks a subdivision exemption for the
condominiumization of three newly constructed two-story duplex
buildings located at 704-20 East Hopkins Avenue in Aspen to be
known as pitkin Row Condominiums. Each building contains two
three-bedroom units, each with a two-car attached garage and
additional paved outdoor parking space for two cars. A site plan
of the project is submitted herewith and a final condominium map
will be submitted and recorded upon approval of the Application.
Each unit contains approximately 3,400 3,900 square feet,
including the garage area.
B.
CONDOMINIUMIZATION
OF
RESIDENTIAL UNITS
1. Code Reouirements. section 7-1008(A) of the Aspen
Land Use Code ("Code") provides that the condominiumization of an
existing development shall be reviewed and approved as a
subdivision exemption pursuant to the following review standards:
a. section 7-1008(A) (1) (a) requires that existing
tenants of units to be condominiumized be given written notice
of when their unit will be offered for sale and the sale
price.
b. section 7-1008(A) (1) (b) provides that the
minimum lease period of all condominiumized residential units
in the Office (0) zone district be restricted to six (6) month
minimum leases, with no more than two (2) shorter tenancies
per year, where specified criteria are not met.
c. section 7-1008(A) (1) (c) provides that owners
of new condominiumized residential dwelling units be subject
to an affordable housing impact fee to offset the impact on
the availability of affordable housing in the community where
affordable housing has not been provided or where the property
is not permanently restricted for sale or rental to qualified
employees as defined in the City's housing guidelines.
d. section 7-1008(A) (1) (d) provides that the
proposed condominium be inspected by the Building Department,
with a primary focus on fire, health and safety conditions.
2. Review Standards.
a. Purchase riqhts of existino tenants. Since
this is a newly-constructed project with no existing tenants,
this Code requirement is not applicable. Accordingly, it is
not necessary that the application include evidence that
tenants be provided notice and the right to purchase a unit
.
'-'
to be condominiumized as
1008 (B) (2) (c) (1) of the Code.
required
by
section
7-
b. Minimum lease allowed. Pitkin Row Condominiums
will be restricted by agreement between the applicant and the
City of Aspen to six (6) month minimum leases, with no more
than two (2) shorter tenancies per year. This agreement will
be duly recorded in the real estate records of Pitkin County
to ensure compliance with the lease restriction and evidences
the applicant's compliance with the minimum lease requirements
of the Code as required by section 7-1008(B) (2) (c) (2).
c. Affordable housinq impact fee. At the time the
condominium plat is filed, the applicant agrees to pay the
impact fee of $8,050.00 per unit, or a total of $48,300.00,
as required for three-bedroom dwelling units by section 7-
1008(A) (1) (c) (3). The applicant's payment of the fee
demonstrates that any adverse impact on affordable housing has
been mitigated as required by section 7-1008(B) (2) (c) (3).
d. Buildinq inspection. The project has complied
with all required inspections by the Building Department
throughout the construction process and will be subject to a
final inspection pursuant to the issuance of a certificate of
Occupancy.
C.
CONCLUSION
since the applicant agrees to satisfy all of the review
criteria prior to condominiumization, the subdivision exemption for
the condominiumization of Pitkin Row Condominiums should be
approved. Copies of the proposed Articles of Incorporation, By-
Laws and Condominium Declaration of the Pitkin Row Condominium
Association, Inc. are submitted herewith.
Respectfully submitted,
GARFIELD & HECHT, P.C.
/) Ii ' --...., / .)~
BY: C~.,('l!JJA.C, ,cU .ry, } 1L.(,JIU~j
Catherine H. McMahon,
attorney for Pitkin Row
Condominiums
c:\chm\lu\pitkinro.ap2
~'"
.
..
VII.
PRE-APPLICATION CONFERENCE SUMMARY
r--
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECTfy;+~ KOG-J-
APPLICANT'S REPRESENTATIVE:J.( tD..A:A., Y\\( 1~C1Y\
REPRESENTATIVE'S PHONE: 5 - ) g :3 ( Q
OWNER'S NAMQ,--td<',f'\ ~I...A.) ~()Y'\r~C)mi 1l~~\V'A () S"'-N"-
l5 --:t--=rnc)- SUMMARY ,
,.,
,
1.
Type of Application: C'Ov-.C\C\\In;Y1h"'^)"2-.(.L-b;QY\
'-
2. Describe action/type of development being requested:
~~YY\'IY\" "Y'.\01<l2- CJi l JY\ ~+S - Y\~\~
('~~()r~& I
~l)h ri \ J :~.; on Q,.y <P/YVI rt'}OT)
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Aqent
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MEMORANDUM
TO:
City Engineer
Housing Director
FROM:
Leslie Lamont, Planning Office
RE:
pitkin Row Subdivision Exemption for Condominiumization
DATE:
November 7, 1989
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Catherine McMahon on behalf of her clients, 57, Inc. and Aspen
Consolidated Venture Corporation, requesting approval for
condominiumization of 704/720 East Hopkins Avenue.
Please review this material and return your comments to me no
later than November 20, 1989. Thank you.
~
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,."'^'.
-
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
November 8, 1989
Catherine McMahon
Garfield & Hecht
601 East Hyman Ave.
Aspen, CO 81611
RE: Pitkin Row Subdivision Exemption
Dear Catherine,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the city Council
on Monday, December 11, 1989 at a meeting to begin at 5:30 pm.
The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to your application is
available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
,.,.."
v
o
GARfIELD & HECHT, P,C.
RONALD GARFIELD"
ANDREW V. HECHT..
WlLUAM K. GUEST, P.C. ...
ROBERT E, KENDIG
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
JANE ELLEN HAMILTON
CATHERINE H. McMAHON....
.11Io 8dmi1llld 10
New Yod; Bar
.'"alsoadmittedto
District or Columbia Bar
"~IOMlmincd 10
Nebrub DId nUl Bar
October 24, 1989
....aIIoMtmittedto
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DtinoiIBar
HAND DELIVERY
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Development Application for Subdivision Exemption for
Condominiumization of pitkin Row Condominiums
Dear Planning Office Members:
Enclosed are three (3) copies of the above-captioned
Development Application, together with a copy of the site Plan
and copies of the condominium documents.
Also enclosed is a check in the amount of $830.00 to cover
the processing fee.
Please schedule the Development Application on the city
council's consent agenda on the earliest possible date.
Thank you.
Sincerely yours,
GARFIELD & HECHT, P.C.
.7~~~
Catherine H. McMahon
CHM/km
Enclosure
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH &'0--0, tJ U
00123 -63340- 190 ' HOUSING
00115 -63340- 163 ENGINEERING 5C('l, r)T)
SUBTOTAL
County
00113 -63160-126 GMP/GENERAL
-63170- 127 GMP/DETAILED
-63180-128 GMP/FINAL
-63190-129 SUB/GENERAL
-63200-130 SUB/DETAILED
-63210-131 SUB/FINAL
-63220-132 ALL 2-STEP APPLICATIONS
-63230-133 ALL 1-STEP APPLICATIONS!
CONSENT AGENDA ITEMS
-63450- 1 46 BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00113 -63360-143 ENGINEERING
PLANNING OFFICE SALES
00113 -63080-122 CITY/COUNTY CODE
-63090-123 COMP, PLAN
-63140-124 COPY FEES
-69000-145 OTHER
SUBTOTAL
I TOTAL 'i\ 30 , "1.1
I
~ Address: ",-J
I Check #
J Additional billing:
ASPEf':!/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
CI.y
00113
-63250-134
-63270- 1 36
-63280-137
-63300- 1 39
-63310-140
-63320-141
GMP/CONCEPTUAL
GMP/FINAL
SUB/CONCEPTUAL
SU B/FI NAL
ALL 2-STEP APPLICATIONS
ALL I-STEP APPLICATIONS!
CONSENT AGENDA ITEMS
/ l1-/:1 - S'J
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